THURSDAY, JUNE 10, 2021 11:36 A.M.

SPEAKER HEASTIE: 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, SPEAKER HEASTIE LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF WEDNESDAY, JUNE 9TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY JUNE 10, 2021

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY,

JUNE THE 9TH AND ASK THAT THE SAME STAND APPROVED.

SPEAKER HEASTIE: WITHOUT OBJECTION, SO

ORDERED.

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

SPEAKER HEASTIE: MRS. -- I WAS JUST GOING TO

CALL YOU BY YOUR TITLE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. COLLEAGUES, WELCOME TO WHAT COULD POTENTIALLY BE OUR LAST

DAY OF SESSION AND THIS MONTH. THERE COULD BE MORE BEFORE WE FINISH

WITH THE 244TH YEAR. BUT I DO WANT TO START OUT WITH A QUOTE THAT I

RECEIVED FROM OUR OWN BRIAN HAAK, AND IT APPARENTLY IS ONE OF HIS

FAVORITES AND I TRUST THAT IT'S PROBABLY ONE OF HIS FAVORITES ON WHAT'S

SUPPOSED TO BE THE LAST DAY OF SESSION. THIS ONE'S BY ROBERT FROST.

AND MOST OF YOU HAVE HEARD THIS ONE BEFORE BECAUSE IT'S SOMETHING

THAT WE RECALL FROM OUR ELEMENTARY AND MIDDLE SCHOOL DAYS. STOPPING

BY THE WOODS ON A SNOWY EVENING. THE WOODS ARE VERY LOVELY, DARK

AND DEEP. BUT I HAVE PROMISES TO KEEP. AND MILES TO GO BEFORE I

SLEEP. AND MILES TO GO BEFORE I SLEEP. AGAIN, ROBERT FROST SUBMITTED

TO US BY OUR OWN BRIAN HAAK. WE WANT TO THANK YOU FOR THAT, MR.

HAAK, BECAUSE THERE WILL BE A FEW MILES TO GO BEFORE WE SLEEP TODAY.

MEMBERS SHOULD BE REMINDED THAT WE -- YOU DO HAVE ON YOUR DESK A

MAIN CALENDAR, A DEBATE LIST - AN EXTENSIVE DEBATE LIST - AND AN

NYS ASSEMBLY JUNE 10, 2021

A-CALENDAR.

MR. SPEAKER, I NOW ASK THAT YOU WOULD ADVANCE THAT

A-CALENDAR.

SPEAKER HEASTIE: THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES: THANK YOU, SIR. AFTER

ANY HOUSEKEEPING AND/OR INTRODUCTIONS, WE WILL BE TAKING UP A

PRIVILEGED RESOLUTION BY YOU, MR. SPEAKER, AND THEN WE WILL TAKE UP

RESOLUTIONS ON PAGE 3 OF OUR MAIN CALENDAR. OUR PRINCIPAL WORK FOR

TODAY, HOWEVER, WILL BE OFF THE DEBATE LIST AS WELL AS CONTINUE WITH OUR

-- WITH CONSENT ON NEW BILLS BEGINNING EXACTLY WHERE WE LEFT OFF ON

YESTERDAY WITH RULES REPORT NOS. -- EXACTLY WHERE WE LEFT OFF THIS

MORNING, WITH RULES REPORT NO. 696. IT'S ON PAGE 222 [SIC] OF THE

MAIN CALENDAR. WE WILL OTHERWISE WORK OFF THE DEBATE LIST AS WELL AS

CONSENT THE A-CALENDAR. THERE COULD POTENTIALLY BE ADDITIONAL

SCHEDULING UPDATES THAT WILL BE ANNOUNCED AT DIFFERENT POINTS OF THE

DAY, BUT THAT'S A GENERAL OUTLINE, MR. SPEAKER. IF THERE ARE ANY

INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE AN AWESOME TIME.

SPEAKER HEASTIE: WE HAVE NONE.

THE CLERK WILL READ THE TITLE OF THE RESOLUTION.

THE CLERK: ASSEMBLY RESOLUTION NO. 457, MR.

HEASTIE.

LEGISLATIVE RESOLUTION COMMEMORATING THE 20TH

ANNIVERSARY OF THE 9/11 TERRORIST ATTACKS ON NEW YORK STATE AND THE

NATION.

SPEAKER HEASTIE: MY COLLEAGUES, AS WE OPEN

NYS ASSEMBLY JUNE 10, 2021

TODAY'S SESSION I WOULD LIKE TO TAKE A MOMENT ON BEHALF OF ALL OF US TO

SPEAK IN ONE UNITED VOICE ON THE 20TH ANNIVERSARY OF THE SEPTEMBER

11TH TERRORIST ATTACKS ON OUR STATE, WHICH WE WILL OBSERVE THIS FALL AS

ONE BODY AND WITH ONE VOICE. IT IS HARD TO IMAGINE IT'S BEEN 20 YEARS

SINCE THE SEPTEMBER 11 TERRORIST ATTACKS. IT IS IMPOSSIBLE TO FORGET

WHERE WE WERE WHEN WE HEARD THAT A PLANE HAD FLOWN INTO THE WORLD

TRADE CENTER TOWERS AS WE WATCHED THE HORRIFIC EVENTS THAT MORNING

UNFOLD. THERE WAS SO MUCH FEAR AND ANGER AND GRIEF KNOWING THAT

THOUSANDS OF AMERICANS DIED IN THOSE COWARDLY ATTACKS. BUT WE ALSO

CAME TOGETHER AS NEW YORKERS AND AMERICANS THAT DAY AND THE DAYS

THAT FOLLOWED, UNITED. TODAY WITH THIS RESOLUTION WE REMEMBER ALL

THOSE THAT WERE LOST ON SEPTEMBER 11, 2001 IN NEW YORK, AT THE

PENTAGON AND SHANKSVILLE, PENNSYLVANIA. WE REMEMBER THE BRAVE FIRST

RESPONDERS THAT RAN INTO SAVE AS MANY PEOPLE AS THEY POSSIBLY COULD,

AND WE REMEMBER THE ONES THAT DID NOT MAKE IT OUT. WE REMEMBER THE

FIRST RESPONDERS THAT DIED IN THE YEARS THAT FOLLOWED FROM ILLNESSES DUE

TO THE EXPOSURE AT GROUND ZERO. AND TO THE FAMILIES OF THOSE THAT DIED,

WE WILL NEVER FORGET YOUR LOSS. TWENTY YEARS LATER, THE EFFECTS OF THAT

DAY STILL RIPPLE THROUGHOUT OUR LIVES AND THROUGHOUT THE WORLD. TODAY

WE REMEMBER AND PAY HOMAGE TO THOSE WE LOST AND PROMISE TO HONOR

THEIR MEMORY AND THEIR SACRIFICE.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; AND OPPOSED, NO. THE RESOLUTION IS ADOPTED.

AS ONE BODY, LET US RISE FOR A MOMENT OF SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

NYS ASSEMBLY JUNE 10, 2021

THANK YOU.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 447, MS.

HUNTER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 12, 2021, AS WOMEN VETERANS

RECOGNITION DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION,

MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. I RISE TO SPEAK ON

THE RESOLUTION. SO, AS YOU ARE AWARE, WHAT A DIFFERENCE A DAY AND NOW

IT SEEMS LIKE A YEAR MAKES. NORMALLY AT THE END OF OUR SESSION WE ARE

ALWAYS FILLED IN THIS CHAMBER WITH WOMEN ACROSS NEW YORK STATE

WHO COME FROM EVERY BRANCH OF THE ARMED SERVICES AND WE WELCOME

THEM WITH OPEN ARMS TO OUR CHAMBER AS WE CELEBRATE WOMEN

VETERANS RECOGNITION DAY IN THE STATE OF NEW YORK. SO WHILE WE --

WE DON'T HAVE THEM HERE IN OUR CHAMBER TODAY, I WANTED TO MAKE SURE

THAT WE CELEBRATE THEM IN OUR TRADITIONAL MANNER BY GIVING THEM THE

RESPECT AND HONOR THAT THEY DESERVE. FROM THE AMERICAN REVOLUTION,

YOU KNOW, THROUGH EVERY CONFLICT, EVEN DURING OUR CURRENT CONFLICTS

ABROAD, WE KNOW THAT THE -- THERE ARE GREAT CONTRIBUTIONS THAT FEMALE

VETERANS HAVE CONTRIBUTED TO OUR GLOBAL FREEDOMS AS WELL AS HERE IN THE

UNITED STATES.

SO PLEASE, MR. SPEAKER, IN YOUR TRADITIONAL MANNER, IF

YOU COULD GIVE A (INAUDIBLE) AND WARM WELCOME THAT THEY DESERVE.

NYS ASSEMBLY JUNE 10, 2021

AND I WOULD BE REMISS TO SAY ON -- ON OUR LAST DAY OF SESSION IF I DID

NOT SAY GO ARMY, BEAT NAVY.

MR. SPEAKER, THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 448, MR.

HEVESI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 2021, AS KINSHIP CARE

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. 449, MR.

CUSICK.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 17, 2021, AS POW/MIA

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. 450, MR.

BRABENEC.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

NYS ASSEMBLY JUNE 10, 2021

ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 2021, AS ONION

APPRECIATION MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. MANKTELOW ON

THE RESOLUTION.

MR. MANKTELOW: THANK YOU, MR. SPEAKER. I

WANT TO COMMEND MY COLLEAGUE MR. BRABENEC FOR BRINGING THIS

RESOLUTION FORWARD. IN MY DISTRICT AS WELL AS HIS DISTRICT AND MANY

OTHER DISTRICTS IN OUR STATE, THE ONIONS ARE A HUGE CROP IN THE AREA, AND I

JUST WANT TO SAY THANK YOU FOR BRINGING THAT FORWARD. A GREAT TIME TO

DO THIS AS WE SWING INTO SUMMER WITH ALL THE FESTIVITIES AND PICNICS,

AND AS WE ALL KNOW, ONIONS WILL BE PART OF THOSE FESTIVITIES.

SO AGAIN, THANK YOU SO MUCH FOR THE TIME, MR.

SPEAKER, AND THANK YOU, MR. BRABENEC.

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. 451, MS.

SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 7-13, 2021, 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. 452, MS.

NYS ASSEMBLY JUNE 10, 2021

REYES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 2021, AS IMMIGRANT HERITAGE

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. 453, MR.

GOTTFRIED.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 2021, AS SEPSIS AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 454, MR.

BYRNE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM NOVEMBER 2021, AS CRPS/RSD

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 455, MRS.

BARRETT.

NYS ASSEMBLY JUNE 10, 2021

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM NOVEMBER 2021, AS MILITARY FAMILY

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.

PAGE 22, RULES REPORT NO. 696, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00465-A, RULES

REPORT NO. 696, ROZIC, BICHOTTE HERMELYN, JACOBSON. AN ACT TO

AMEND THE ELECTION LAW, IN RELATION TO THE CONFIDENTIALITY OF

REGISTRATION RECORDS FOR VICTIMS OF DOMESTIC VIOLENCE.

(PAUSE)

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WE DO

HAVE A FEW BILLS WE WANT TO TAKE UP ON DEBATE RIGHT AWAY. IF WE COULD

START WITH CALENDAR NO. 306, ASSEMBLY BILL 3805 BY MR. CUSICK.

WE'RE GOING TO FOLLOW THAT ONE WITH RULES REPORT NO. 731, ASSEMBLY

BILL 7769 BY MS. WEINSTEIN. FOLLOWED BY RULES REPORT NO. 433,

ASSEMBLY BILL 5144. THAT ONE'S BY MR. BENEDETTO. THEN WE'RE GOING

TO GO, MR. SPEAKER, TO RULES REPORT NO. 704, ASSEMBLY BILL 3224.

THAT ONE'S BY MS. HUNTER. AND LASTLY, FOR THE MOMENT, WE WILL GO TO

RULES REPORT NO. 660. THAT'S ASSEMBLY BILL 5633, THAT ONE IS CARRIED

BY MR. ZEBROWSKI. IN THAT ORDER, MR. SPEAKER.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

NYS ASSEMBLY JUNE 10, 2021

PEOPLES-STOKES.

PAGE 48, CALENDAR NO. 306, THE CLERK WILL READ.

THE CLERK: SENATE NO. S03521-A, CALENDAR NO.

306, SENATOR PARKER (A03805-A, CUSICK, COLTON, WILLIAMS, CARROLL,

GRIFFIN, STERN, GOTTFRIED, STECK, REYES, PAULIN, PERRY, FAHY, WALLACE,

ABINANTI, D. ROSENTHAL, BARRON, JONES, CRUZ, SOLAGES, PHEFFER AMATO,

ZEBROWSKI, SIMON, L. ROSENTHAL, QUART, DAVILA, HEVESI, M. MILLER,

SAYEGH, GLICK, RODRIGUEZ, MAGNARELLI, EPSTEIN, O'DONNELL, ROZIC,

SANTABARBARA, GUNTHER, WOERNER, FRONTUS, WEPRIN, BARNWELL, HUNTER,

J. RIVERA, OTIS, SCHMITT, STIRPE, FERNANDEZ, VANEL, GALEF, COOK,

DINOWITZ, BARRETT, SEAWRIGHT, NIOU, ASHBY, HYNDMAN, MCDONALD,

CYMBROWITZ, THIELE, ENGLEBRIGHT, DICKENS, ANDERSON, GALLAGHER). AN

ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO THE TRANSFER OF BILL

CREDITS ASSOCIATED WITH THE ELECTRICITY PRODUCED BY COMMUNITY-

DISTRIBUTED GENERATION FACILITIES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. CUSICK.

MR. CUSICK: THANK YOU. THANK YOU, MR. SPEAKER.

THIS BILL WOULD EXPAND CUSTOMER ACCESS TO COMMUNITY-DISTRIBUTED

GENERATION BY ALLOWING CUSTOMERS TO SUBSCRIBE TO CDG PROJECTS

OUTSIDE OF THEIR UTILITY SERVICE TERRITORY. ELECTRIC CORPORATIONS WOULD BE

DIRECTED TO FILE TARIFF APPLICATIONS WITH THE PUBLIC SERVICE COMMISSION

TO FACILITATE THE TRANSFER OF BILL CREDITS FROM A CDG PROJECT IN A GIVEN

UTILITY SERVICE TERRITORY TO THE ACCOUNTS OF CDG FACILITY SUBSCRIBERS IN A

DIFFERENT UTILITY SERVICE TERRITORY. AND 35 PERCENT OF THE BENEFITS FROM

NYS ASSEMBLY JUNE 10, 2021

ANY RESULTING SOLAR CDG FACILITY WOULD GO TO DISADVANTAGED

COMMUNITIES.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, THANK YOU, MR. SPEAKER.

WILL THE SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MR. CUSICK, WILL YOU

YIELD?

MR. CUSICK: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, MR. CUSICK. HASN'T

THE PSC ALREADY ALLOWED AIR ZONING CREDITING FOR

COMMUNITY-DISTRIBUTED GENERATION THAT ARE IN DIFFERENT (INAUDIBLE)

ZONES BUT NOT WITHIN THE SAME UTILITY (INAUDIBLE)? BUT THIS TAKES IT AND

ALLOWS TRANSFER FROM ONE UTILITY ZONE TO ANOTHER UTILITY ZONES. FOR

EXAMPLE, SOMEONE IN THE NYSEG TERRITORY COULD HAVE PEOPLE FROM

NEW YORK CITY BUY CREDITS IN THEIR TERRITORY AND GET THE CREDITS BACK

SENT TO THEM, CORRECT?

MR. CUSICK: YES. THIS -- THIS -- THIS IS THE NEXT

LOGICAL STEP, WE BELIEVE, BECAUSE THIS WILL ALLOW IT TO HAPPEN OUTSIDE OF

THE UTILITY BETWEEN DIFFERENT UTILITY SERVICE AREAS.

MR. PALMESANO: AND THAT WOULD BE ABOUT 35

PERCENT OF THE BENEFIT WOULD BE ALLOWED TO GO DOWN TO A -- AN AREA

OUTSIDE THE UTILITY?

MR. CUSICK: YES, THE 35 PERCENT NUMBER IS THE

NUMBER THAT WOULD GO TO DISADVANTAGED COMMUNITIES.

NYS ASSEMBLY JUNE 10, 2021

MR. PALMESANO: RIGHT. NOW WOULDN'T THIS BILL

REVERSE THE PREVIOUS DETERMINATION OF THE PSC THAT WAS MADE WHICH

ALREADY CONSIDERED THIS ISSUE IN THE CONTENT OF AN ONGOING PROCEEDING?

AND THE -- AND THAT THE PSC DECLINED TO PERMIT FOR A GROWING

EXPANSION WHICH WOULD'VE REQUIRED CUSTOMERS IN ONE UTILITY TO FUND

CREDITS FOR CUSTOMERS IN OTHER UTILITY ZONES, CORRECT? THIS HAS BEEN

CONSIDERED AND REJECTED BY THE PSC ALREADY, CORRECT?

MR. CUSICK: WELL, NO. THIS -- THIS, WE BELIEVE, IS

THE NATURAL PROGRESSION BECAUSE AS -- AS YOU POINTED OUT BEFORE, THE

PSC HAD ALLOWED IT WITHIN THE UTILITY ZONES. THIS WOULD ALLOW IT

AMONGST DIFFERENT UTILITY ZONES. WE THINK THAT WILL CAPTURE A LARGER

CUSTOMER BASE THAT WILL ALLOW PEOPLE TO TAKE ADVANTAGE OF -- OF THESE

COMMUNITY ORGANIZATIONS, AND THIS WOULD BE SOMETHING THAT WOULD

BRING MORE PEOPLE INTO USING SOLAR THAT WOULD NOT BE ABLE TO DO IT

BASED ON WHERE THEY LIVE RIGHT NOW CURRENTLY.

MR. PALMESANO: MR. -- MR. CUSICK, WOULDN'T

THIS -- ISN'T THIS LEGISLATION REALLY CONTRARY TO PROVISIONS OF EXISTING

PUBLIC SERVICE LAW 66(J) ON NET METERING FOR RESIDENTIAL SOLAR WHICH

BASICALLY -- WHICH LIMITS ITS APPLICATION TO THE CUSTOMERS WITH

(INAUDIBLE) THAT UTILITY UNDER THE 66(J) OF THE NET METERING PROVISIONS.

UNDER -- IT HAS TO BE WITHIN THAT UTILITY. SO ISN'T THAT CONTRADICTORY OF

THE CURRENT LAW WE HAVE IN PLACE?

MR. CUSICK: I THINK BECAUSE WE -- WE ARE A

LEGISLATIVE BODY WE -- WE COULD CHANGE THAT LAW AS -- IF WE NEEDED TO

GOING DOWN THE ROAD.

NYS ASSEMBLY JUNE 10, 2021

MR. PALMESANO: OKAY. AND ISN'T REALLY, THIS

AUTHORITY, A DETERMINATION THAT THE PSC USES TO ESTABLISH THAT -- THE

VALUE STACK COMPENSATION OR METER FOR THE VALUE OF THE (INAUDIBLE)

RESOURCES WHICH WHEN WE DEAL WITH COMMUNITY SOLAR AND SOLAR, THAT --

THAT'S UNDER THAT SAME AUTHORITY THAT WE'RE ADDRESSING HERE WITH THIS AS

WELL ALSO, RIGHT?

MR. CUSICK: I'M SORRY. I'M HAVING A LITTLE TROUBLE

HEAR YOU. I APOLOGIZE.

MR. PALMESANO: I GUESS WHAT I'M TRYING TO SAY,

ISN'T THIS THE SAME AUTHORITY OR DETERMINATION THE PSC USES RIGHT NOW

TO ESTABLISH THE VALUE STACK COMPENSATION?

MR. CUSICK: YEAH. I -- I THINK THE ANSWER IS -- IS

THAT THE PSC COULD ADJUST IT AS WE GO FORWARD. AGAIN, YOU KNOW, THE

GOAL OF THIS IS TO -- TO INCLUDE MORE PEOPLE INTO USING SOLAR AND -- AND

GETTING THE ADVANTAGES OF -- OF USING SOLAR ENERGY. AND SO THAT'S --

THAT'S WHAT WE WANT TO DO WITH THIS BILL, AND WE BELIEVE IT'S THE -- THE

NEXT STEP IN THE PROGRESSION. THE PSC HAD OKAYED IT WITHIN ZONES,

WE'RE NOW GOING TO OTHER ZONES.

MR. PALMESANO: ARE WE AWARE OF ANY OTHER

STATES THAT HAVE PERMITTED (INAUDIBLE) UTILITY CREDITING FOR

COMMUNITY-DISTRIBUTED GENERATION?

MR. CUSICK: WE BELIEVE MASSACHUSETTS.

MR. PALMESANO: SO IS IT REALLY -- I GUESS THIS --

IS THIS REALLY TESTED? SHOULDN'T WE BE -- IF WE'RE GOING TO BE LOOKING AT

THIS, SHOULDN'T WE HAVE A PROCEEDING THAT GOES BEFORE THE PSC TO LOOK

NYS ASSEMBLY JUNE 10, 2021

FOR ITS ADOPTION FIRST BEFORE WE MOVE FORWARD FROM THAT PERSPECTIVE?

BECAUSE ALSO THIS BILL CALLS FOR A VERY TIGHT TIME FRAME (INAUDIBLE).

AND 90 DAYS SEEMS LIKE A REALLY BAD -- GIVEN THE BURDEN AND WE'RE

GOING TO HAVE TO CREATE NEW BILLING STATEMENTS AND SETTLEMENT SYSTEMS

FOR THE UTILITIES, FOR THE CUSTOMERS AND THAT COULD BE BURDENSOME AND

THAT'S GOING TO BE SOMETHING THAT'S GOING TO HAVE TO BE ABSORBED BY THE

RATEPAYER, THE COST OF CHANGES FROM THAT PERSPECTIVE AS WELL, CORRECT?

MR. CUSICK: WELL, YOU -- YOU AND I HAVE HAD THIS

DISCUSSION MANY TIMES. I THINK YOU AND I ARE ON THE SAME PAGE ABOUT

PROTECTING RATEPAYERS AND MAKING SURE THAT RATEPAYERS ARE PROTECTED IN

ANYTHING WE DO IN THE ENERGY COMMITTEE, PARTICULARLY THIS BILL.

BECAUSE YOU AND I ARE RATEPAYERS, CORRECT? SO -- AND -- AND -- AND SO

ARE ALL THE FOLKS THAT WE REPRESENT SO WE DON'T WANT TO HURT THEM. BUT

THIS BILL, WE BELIEVE, WE WANT TO GET PEOPLE THE OPPORTUNITY WHERE THEY

WOULD NOT HAVE THAT OPPORTUNITY TO TAKE PART IN -- IN SOLAR PROJECTS AND

SOLAR -- AND -- AND USE SOLAR ENERGY. SO WE BELIEVE THAT THE TIME FRAME,

WE COULD WORK WITH THE PSC, WE COULD WORK WITH THE COMMUNITIES

INVOLVED BECAUSE, AGAIN, WE ARE WORKING ON A TIMELINE WHEN IT COMES

TO THE CLCPA AND -- AND THE DIFFERENT -- THE DIFFERENT BENCHMARKS THAT

WE HAVE TO HIT AS A STATE, AND WE BELIEVE THIS IS ONE BILL THAT WILL ALLOW

US TO -- TO GO FORWARD IN THAT.

MR. PALMESANO: I -- I CAN UNDERSTAND THAT, MR.

CUSICK. BUT ALSO WITH THIS -- I MEAN, BECAUSE YOU'RE SAYING IN AREAS

THAT REALLY DON'T HAVE AFFORDABLE AVAILABLE SOLAR FOR THEM. AND I GUESS

WITH COMMUNITY SOLAR IT'S SUPPOSED TO BE THAT COMMUNITY AND THAT AREA

NYS ASSEMBLY JUNE 10, 2021

THAT'S BENEFITTING FROM IT. AND THE PROBLEM, THOUGH, TOO, WITH THIS IS

NOW YOU'LL HAVE THE REGIONS THAT DO HAVE THE LAND AVAILABLE LIKE THE

ADIRONDACKS, UPSTATE NEW YORK, THE HUDSON VALLEY WHERE YOU HAVE A

PREDOMINANCE OF MORE SOLAR AND WIND PROJECTS GOING OUT, NOT --

SOMETIMES MUCH TO THE -- TO THE DISMAY OF THOSE COMMUNITIES. SO NOW

YOU'LL HAVE THOSE -- THOSE -- YOU'LL HAVE MORE SOLAR AND WIND BEING

DEVELOPED UP THERE, WHICH IS ULTIMATELY SUBSIDIZED BY THE RATEPAYERS IN

THAT REGION, BUT YET THOSE BENEFITS OF THE -- THE BENEFITS OF THE SOLAR IS

GOING TO -- IS GOING TO BE RECEIVED BY INDIVIDUALS NOT IN THAT UTILITY

ZONE, BUT THE OTHER PEOPLE WHO ARE PAYING FOR THE SUBSIDIES ARE -- ARE

NOW GOING TO SEE THOSE BENEFITS BE SHIFTED AWAY BECAUSE THEY'RE PAYING

FOR THE -- WITH THE SUBSIDIES IN THAT ZONE, CORRECT?

MR. CUSICK: WELL, AGAIN, I THINK THAT THERE ARE

RATEPAYERS RIGHT NOW IN ZONES THAT DON'T TAKE ADVANTAGE OF COMMUNITY

SOLAR OR CAN'T TAKE ADVANTAGE OF IT THAT ARE PAYING INTO IT AND THEY'RE NOT

GETTING THE ADVANTAGE OF IT. ANYBODY WHO IS -- PARTICULARLY WHERE I

LIVE WHO ARE -- IS A CON ED CUSTOMER, THEY PAY INTO IT ALREADY FOR THE

INTERZONE THAT YOU MENTIONED BEFORE, BUT ARE NOT GETTING THE BENEFITS OF

SOLAR. AND -- AND SO YES, YOU -- YOU HAVE A VALID POINT THERE, BUT I

THINK THE -- THE MIDDLE GROUND HERE IS IS THAT THERE ARE FOLKS THAT ARE

PAYING INTO SOMETHING ALREADY AND NOT RECEIVING A BENEFIT ALREADY AND

-- AND WE WANT TO ALLOW THESE FOLKS TO GET A BENEFIT AND -- AND -- AND BE

ABLE TO GO OUTSIDE THEIR ZONE IN ORDER TO -- TO GET THAT BENEFIT.

MR. PALMESANO: ALL RIGHT. THANK YOU, MR.

CUSICK.

NYS ASSEMBLY JUNE 10, 2021

MR. CUSICK: THANK YOU.

MR. PALMESANO: A COUPLE MORE QUESTIONS FOR

YOU REAL QUICK. ISN'T THERE ANY POSSIBILITY WITH THESE SERIES OF

TRANSACTIONS FOR TRANSFER OF ENERGY CAPACITY --

MR. CUSICK: I'M SORRY, PHIL, I -- I CAN'T HEAR YOU.

MR. PALMESANO: I'M SORRY. ISN'T IT A POSSIBILITY

WITH THE SERIES OF TRANSACTIONS TO TRANSFER OF ENERGY AND CAPACITY OR

RENEWABLE (INAUDIBLE) BETWEEN UTILITIES, COULDN'T THAT FALL OUTSIDE THE

JURISDICTION OF THE STATE AND RAISE SOME FEDERAL LAW PREEMPTION

CONCERNS FROM THAT PERSPECTIVE?

MR. CUSICK: NO.

MR. PALMESANO: NO? OKAY. AND I GUESS --

DOES THIS TAKE INTO ACCOUNT THE ADMINISTRATIVE AND COST ISSUES INVOLVED

IN BASICALLY HAVING TO ESTABLISH NEW BILLING AND SETTLEMENT SYSTEMS

BETWEEN UTILITIES AND HOW TO DETERMINE THAT CREDIT BETWEEN THE RATES

THAT PEOPLE ARE PAYING IN UPSTATE NEW YORK BETWEEN -- WITH THE RATES

PEOPLE ARE PAYING IN DOWNSTATE NEW YORK? AND -- AND IT SEEMS LIKE

IT'S GOING TO BE A BUREAUCRATIC NIGHTMARE AND TIME CONSUMING, AND

ULTIMATELY THERE'S -- THERE'S GOING TO BE COSTS INVOLVED WHICH IS GOING

TO HAVE TO BE ABSORBED BY THE COST PAYERS. HOW COME NONE OF THIS IS

TAKEN INTO ACCOUNT OR ARE YOU ASSUMING THE PSC IS GOING TO HANDLE

THIS?

MR. CUSICK: THIS -- THIS BILL DOESN'T -- DOESN'T HAVE

THAT, WHAT YOU'RE TALKING ABOUT, IN IT. BUT -- BUT AGAIN, WE DO -- WE ARE

CONCERNED ABOUT THE RATEPAYER GOING FORWARD WITH THIS, AND WE DO

NYS ASSEMBLY JUNE 10, 2021

THINK THAT WE ARE HELPING THE RATEPAYERS, PARTICULARLY THE ONES THAT ARE

PAYING INTO IT ALREADY AND ARE NOT GETTING A BENEFIT.

MR. PALMESANO: ALL RIGHT. THANK YOU. THANK

YOU, MR. CUSICK.

MR. CUSICK: THANK YOU.

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

ACTING SPEAKER AUBRY: ON THE BILL.

MR. PALMESANO: MR. SPEAKER AND MY

COLLEAGUES, I -- I APPRECIATE THE SPONSOR'S INTENT, BUT I HAVE SOME

CONCERNS REGARDING THIS. I BELIEVE THE LANGUAGE AND PROBLEMS OF THIS

BILL. JUST -- YOU KNOW, I'LL REFRESH A FEW OF THEM. RIGHT NOW THE PSC

ALREADY ALLOWS INTERZONAL CREDITING FOR COMMUNITY-DISTRIBUTED

GENERATION IN EXISTING UTILITY ZONES AND TERRITORIES, BUT NOT ACROSS THE

COUNTY LINES. AND THIS REALLY WOULD ALREADY UNDERMINE A REVIEW THAT'S

ALREADY BEEN MADE BY THE PSC WHERE THEY DETERMINED THAT IT WASN'T

APPROPRIATE TO DO THOSE TRANSFERS FROM ONE UTILITY ZONE TO ANOTHER

UTILITY ZONE. SO THE PSC, WHO'S IN CHARGE OF THIS, HAS ALREADY

DETERMINED THIS IS NOT REALLY THE APPLICABLE THING TO BE DOING. ALSO,

THIS IS -- I BELIEVE THIS IS TOTALLY CONTRARY TO THE NET METERING SECTION OF

OUR EXISTING PUBLIC SERVICE LAW 66(J) FOR RESIDENTIAL SOLAR WHICH LIMITS

ITS APPLICATION TO THE CUSTOMERS OF THAT PARTICULAR UTILITY. THE SAME

AUTHORITY WHICH DETERMINES THE PSC, WHICH DETERMINES THE VALUE STACK

AND THE NET METERING. THE FACT OF THE MATTER IS, THOSE CUSTOMERS THAT

ARE -- ARE HAVING THIS DEVELOPMENT OF WIND AND SOLAR ALL ACROSS UPSTATE

NEW YORK THAT SEEN A -- A PROLIFIC SOLAR AND WIND FARM, THOSE PROJECTS

NYS ASSEMBLY JUNE 10, 2021

ARE BEING SUBSIDIZED BY THE RATEPAYERS IN THAT UTILITY, BUT YET NOW UP TO

35 PERCENT OF THOSE BENEFITS WOULD HAVE TO BE SHIFTED TO PEOPLE IN

OTHER -- OTHER UTILITY ZONES THAT AREN'T PAYING FOR THOSE. AND I THINK

THAT GOES AGAINST THE -- THE WHOLE POINT OF COMMUNITY SOLAR, AS WE

DISCUSSED. I GUESS MASSACHUSETTS HAS STARTED THIS, BUT I THINK THERE'S NO

PROOF AND THERE'S NO REALLY UNDERSTANDING OF HOW THIS IS GOING TO WORK

AND HOW THIS WILL PROCESS. I THINK IT WOULD BE REALLY BETTER TO BE FULLY

INVESTIGATED THROUGH AN ADMINISTRATIVE LAW PROCEEDING WITH THE PUBLIC

SERVICE COMMISSION PRIOR TO ANY ADOPTION ON THIS. AND I THINK THIS

DOES NOT TAKE INTO ACCOUNT AT ALL THE ACCOUNTING, ADMINISTRATION AND

COST ISSUES INVOLVED WITH ESTABLISHING A WHOLE NEW BILLING SETTLEMENT

SYSTEM BETWEEN THESE UTILITIES. IT'S BUREAUCRATIC, IT'S COSTLY, IT'S

BURDENSOME AND IT'S GOING TO BE BORNE BY THE RATEPAYERS. I KNOW WE

KEEP TALKING ABOUT WE WANT TO HELP RATEPAYERS, BUT THESE THINGS ARE

GOING TO COST THE RATEPAYERS ADDITIONAL MONEY. PARTICULARLY THOSE

UTILITY ZONES THAT ARE SENDING THE TRANSFERS TO OTHER ZONES. AND HOW --

HOW ARE -- HOW ARE THE UTILITIES AND PSC GOING TO DETERMINE THE COST

DIFFERENTIAL? THE RATES IN NEW YORK CITY OR LONG ISLAND ARE DIFFERENT

THAN THE RATES IN UPSTATE NEW YORK, THE SOUTHERN TIER OR THE

ADIRONDACK AREA. THIS IS BUREAUCRATIC, TIME CONSUMING AND VERY

COSTLY. AGAIN, PAID BY THE RATEPAYERS IN THOSE LOCAL COMMUNITIES. I

THINK THIS IS GOING TO BE A VERY BIG ISSUE AS FAR AS IMPLEMENTATING [SIC]

THIS. IT'S GOING TO BE COMPLICATED, COSTLY. AND HOW ARE YOU GOING TO

DETERMINE THIS AND MAINTAIN A FAIR AND NONDISCRIMINATORY RATE BETWEEN

THE UTILITIES? TO BE ABLE TO TRANSFER 35 PERCENT OF THE CREDITS ELSEWHERE

NYS ASSEMBLY JUNE 10, 2021

OUTSIDE OF THE TERRITORY REALLY SEEMS TO GO AGAINST THE CONCEPT OF

COMMUNITY SOLAR WHICH IS DESIGNED TO ALLOW LOCAL COMMUNITIES TO

INVEST IN THEIR LOCAL COMMUNITIES FOR LOCAL SOLAR. AND AGAIN, WHEN

THOSE SOLAR FARMS AND THOSE WIND FARMS ARE BEING BUILT, THEY ARE

SUBSIDIZED BY HIGHER RATES OR TAXES AND FEES IN THAT ZONE, BUT YET THE

CREDITS ARE GOING TO BE SHIFTED TO OTHER TERRITORIES. AND THE POSSIBILITY

OF THESE ALSO WITH THE TRANSFERS AND THE TRANSACTIONS OF ENERGY CAPACITY

AND THE RENEWABLE ATTRIBUTES BETWEEN UTILITIES COULD REALLY FALL OUTSIDE

THE JURISDICTION OF OUR STATE AND RAISE FEDERAL PREEMPTION LAW

CONCERNS, I BELIEVE, WHICH COULD BE CHALLENGED IN COURT AND COULD BE

PROBLEMATIC, I ALSO BELIEVE. I THINK WE -- WE WANT TO ENCOURAGE THE

DEVELOPMENT OF SOLAR IN OTHER AREAS OF THE STATE FOR THESE COMMUNITY

DEVELOPMENT GRANT -- GENERATION AND CORRESPONDING (INAUDIBLE). BUT I

THINK WHAT THIS IS GOING TO DO, IT'S GOING TO, AGAIN, EXACERBATE A

CONCERN SOME FROM UPSTATE CONTINUE TO SEE. WE SEE A PROLIFERATION OF

SOLAR AND WIND IN UPSTATE BECAUSE WE HAVE THE LAND. BUT THEY'RE

SUBSIDIZING THAT, AND THEN THESE BENEFITS CAN GO TO OTHER AREAS AND IT'S

GOING TO IMPACT THE RATES ON THOSE INDIVIDUALS BECAUSE THESE SUBSIDIES

ARE IMBEDDED IN THOSE BILLS THROUGH THE VALUE STACK, THROUGH NET

METERING. SO EVEN IF THE CUSTOMERS (INAUDIBLE) INVESTING DON'T WANT

MORE SOLAR, DON'T WANT MORE WIND. THEY GET IT ANYWAY BECAUSE THE

LAW THAT WAS PASSED A YEAR OR TWO AGO THAT BASICALLY SAYS THE STATE CAN

MAKE THE DETERMINATION WITHOUT ANY REGARD TO LOCAL INPUT, LOCAL HOME

RULE. THE STATE'S GOING TO DECIDE IF YOU HAVE WIND OR SOLAR IN YOUR --

IN YOUR BACKYARD. NOW IT'S GOING TO HAPPEN, IT'S GOING TO COST YOU

NYS ASSEMBLY JUNE 10, 2021

MORE. BUT NOW THE CREDITS THAT YOU WILL HAVE ARE GOING TO BE

TRANSFERRED TO OTHER AREAS OUTSIDE THE TERRITORY. LET'S TRY TO GET MORE

DEVELOPMENT IN THOSE AREAS OR FIGURE OUT WAYS TO DO IT. BUT WHEN

YOU'RE HAVING THESE PROJECTS DEVELOPED, AGAIN, WITHOUT THE APPROVAL,

WITHOUT SOMETIMES THE WANTING OF THOSE LOCAL COMMUNITIES, I JUST THINK

THAT'S PROBLEMATIC. I DON'T KNOW HOW YOU ADJUST THAT, AGAIN, WITH THE

RATES THAT HAVE TO BE DETERMINED. AGAIN, WITH THE COMPLEXITY OF TRYING

TO FIGURE OUT THESE BILLING. AGAIN, AND THIS BILL CALLS FOR A 90-DAY TIME

FRAME TO IMPLEMENT THIS (INAUDIBLE). IT'S VERY TIGHT, VERY DIFFICULT. I

THINK IT'S GOING TO BE VERY CHALLENGING, COSTLY. AGAIN, WHEN IT'S COSTLY

IT IS BORNE BY THE RATEPAYER, AND AGAIN, I THINK A LOT MORE NEEDS TO BE

LOOKED AT THIS AND MAYBE REVIEWED BEFORE WE MOVE FORWARD AND

SIGNING -- GETTING THIS TO LAW BECAUSE THESE NEW BILLING ACCOUNT

STATEMENTS AND -- AND -- AND SETTLEMENT SYSTEMS ARE GOING TO BE VERY,

VERY DIFFICULT, CHALLENGING, COSTLY, BURDENSOME. AND I JUST FEEL THIS IS

NOT THE RIGHT STEP THAT WE SHOULD BE TAKING IF WE WANT TO HAVE MORE

COMMUNITY SOLAR. I THINK THERE'S BETTER WAYS TO DO IT SO IT'S BALANCED

AND FAIR, AND I JUST DON'T THINK THIS IS THE RIGHT APPROACH.

SO FOR THAT REASON, MR. SPEAKING -- MR. SPEAKER, I'LL

BE VOTING IN THE NEGATIVE AND I URGE MY COLLEAGUES 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 3521-A. THIS IS A PARTY VOTE. ANY

NYS ASSEMBLY JUNE 10, 2021

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

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 WOULD LIKE TO SUPPORT IT

SHOULD CALL THE MINORITY LEADER'S OFFICE AND WE'LL RECORD YOUR VOTE

ACCORDINGLY.

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 SUPPORT OF THIS

ITEM. HOWEVER, WE MAY HAVE A FEW COLLEAGUES THAT WOULD DESIRE TO BE

AN EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S

OFFICE AND THEIR VOTE WILL BE PROPERLY RECORDED.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

FIRST VOTE OF THE DAY, MEMBERS.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I HAVE YET TO

RECEIVE A SINGLE PHONE CALL FROM A CONSTITUENT COMPLAINING THAT THEIR

UTILITY RATES WERE TOO LOW. IN FACT, ALL THE CALLS I GET FROM CONSTITUENTS

NYS ASSEMBLY JUNE 10, 2021

SAY EXACTLY THE OPPOSITE. THEY SAY THEIR UTILITY RATES ARE TOO HIGH. AND

SO WHILE THERE'S A GENERAL SUPPORT FOR GREEN ENERGY, WE NEED TO BALANCE

THAT SUPPORT FOR GREEN ENERGY WITH THE IMPACT ON THE RATEPAYERS. AND

IT'S AN INTERESTING AND DIFFICULT BALANCING ACT, NO DOUBT. BUT AS MY

COLLEAGUE MENTIONED, THIS BILL GOES TOO FAR AT THE EXPENSE OF THE

RATEPAYERS. AND SO I DON'T WANT TO ANSWER THE CALLS FROM MY

CONSTITUENTS SAYING, YEAH, I VOTED TO RAISE YOUR RATES, BUT DON'T WORRY

ABOUT IT, YOU KNOW, WE'RE EXPANDING THIS PROGRAM. SO IT'S A BALANCING

ACT, AND AS MY COLLEAGUE NOTED, THIS ISN'T CONSISTENT WITH THAT BALANCING

ACT AND, THEREFORE, I WILL BE VOTING NO.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MS. MILLER AND MR. TANNOUSIS IN THE AFFIRMATIVE ALONG WITH

THOSE WHO HAVE VOTED YES ON THE FLOOR.

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 29, RULES REPORT NO. 731, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07769, RULES REPORT

NO. 731, WEINSTEIN, STIRPE. AN ACT TO AMEND THE CIVIL PRACTICE LAW

NYS ASSEMBLY JUNE 10, 2021

AND RULES, THE BUSINESS CORPORATION LAW, THE GENERAL ASSOCIATIONS

LAW, THE LIMITED LIABILITY COMPANY LAW, THE NOT-FOR-PROFIT

CORPORATION LAW AND THE PARTNERSHIP LAW, IN RELATION TO CONSENT TO

JURISDICTION BY FOREIGN BUSINESS ORGANIZATIONS AUTHORIZED TO DO

BUSINESS IN NEW YORK.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: YES, MR. SPEAKER. THE BILL

BEFORE YOU SIMPLY SAYS THAT IF YOU SEEK AND OBTAIN AUTHORITY TO DO

BUSINESS IN THE STATE OF NEW YORK FROM THE SECRETARY OF STATE, YOU'VE

BEEN DEEMED TO CONSENT TO JURISDICTION IN THE STATE OF NEW YORK. AND

THIS IS ONLY LOGICAL. FOR A BUSINESS TO BE ABLE TO SUE IN NEW YORK, THEY

MUST OBTAIN THIS AUTHORITY FROM THE SECRETARY OF STATE. AND FOR THE

LOGIC OF THE BILL, IF THEY CAN SUE THEY SHOULD BE ABLE TO BE SUED. AND

THE REASON FOR THIS LEGISLATION IS IN RESPONSE TO A U.S. SUPREME COURT

IN 2014 WAS (INAUDIBLE) AND DAIMLER. IT'S OFTEN REFERRED TO AS THE -- THE

DAIMLER BILL, WHICH REPRESENTED A MAJOR CHANGE IN HOW JURISDICTION,

GENERAL JURISDICTION, IS OBTAINED OVER A FOREIGN -- MEANING A NON-NEW

YORK CORPORATION IN THE STATE OF NEW YORK. AND IN THAT CASE THE COURT

REALLY REVERSED WHAT HAD BEEN A LONGSTANDING LAW IN NEW YORK AND THE

COURT HELD THAT A CORPORATION COULD ONLY BE SUED IN A STATE IF THEY WERE

AT HOME IN THAT STATE. AND PRIOR TO DAIMLER, THE U.S. SUPREME COURT

AND NEW YORK STATE COURT OF APPEALS HOLDINGS PERMITTED THE STATE TO

ACQUIRE JURISDICTION OVER A CORPORATION IF THEY HAD ESTABLISHED CERTAIN

MINIMUM CONTACTS WITH THE STATE. SO THUS, THE SUPREME COURT

NYS ASSEMBLY JUNE 10, 2021

SIGNIFICANTLY RAISED THE BAR ON WHETHER A CORPORATION COULD BE CALLED TO

ACCOUNT FOR ITS ACTIONS BEFORE THE COURTS OF THIS STATE, AND WE THINK THAT

THIS LEGISLATION IS NEEDED TO HELP BUSINESSES IN NEW YORK STATE AND TO

MAINTAIN OUR COMPETITIVENESS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. GOODELL: THANK YOU, MS. WEINSTEIN. HAS

THE U.S. SUPREME COURT REVERSED ITSELF ON THE DAIMLER DECISION?

MS. WEINSTEIN: NO. NO, IT HAS -- HAS NOT.

MR. GOODELL: SO IN DAIMLER, THE SUPREME COURT

SAID THAT THE DEFENDANT'S MERE REGISTRATION TO CONDUCT BUSINESS IN THE

STATE IS INSUFFICIENT FOR GENERAL PERSONAL JURISDICTION IN THE STATE. ISN'T

THAT EXACTLY WHAT THIS BILL TRIES TO DO?

MS. WEINSTEIN: THE -- THE DAIMLER DECISION STILL

STANDS AS -- AS LAW IN -- IN THIS COUNTRY.

MR. GOODELL: AND ISN'T THAT EXACTLY WHAT THIS BILL

IS TRYING TO DO, EXACTLY WHAT DAIMLER SAID IS A VIOLATION OF THE U.S.

CONSTITUTION DUE PROCESS?

MS. WEINSTEIN: NO. I THINK IT -- IT - WHAT THIS JUST

-- I MEAN, AS I STARTED WITH, IT VERY SIMPLY (INAUDIBLE) CONSENT IF YOU

NYS ASSEMBLY JUNE 10, 2021

DO BUSINESS TO BE ABLE TO SUE IN OUR STATE, YOU CONSENT ALSO TO BE SUED

IN OUR STATE. AND ACTUALLY THE MOST RECENT CASE IS -- FROM THE SUPREME

COURT WAS FORD V. MONTANA -- MONTANA'S 8TH JUDICIAL DISTRICT COURT

CASE. BUT IT WAS A FORD COMPANY CASE AND IT BASICALLY UPHELD THE

SITUATION THAT WE'RE TRYING TO REVERSE HERE.

MR. GOODELL: THERE ARE, HOWEVER, A NUMBER OF

CASES IN OUR PARTICULAR 2ND CIRCUIT, RIGHT, THAT HAVE HELD THAT A STATE

DOES NOT HAVE THE CONSTITUTIONAL AUTHORITY TO CONFER JURISDICTION OVER AN

OUT-OF-STATE COMPANY MERELY BASED ON THEIR REGISTRATION. FOR EXAMPLE,

IT LOOKS LIKE A CONNECTICUT STATUTE WAS STRUCK DOWN IN BROWN V. CVS

OUTSIDE OUR 2ND CIRCUIT. THE DELAWARE PROVISION THAT WAS ALMOST

IDENTICAL WAS STRUCK DOWN. AND ASTRAZENECA V. MYLAN PHARMS

OUTSIDE OF THE IMMEDIATE AREA IN LOUISIANA, IT WAS STRUCK DOWN IN THE

GOLF COURSE, GOLF COURSE BANK. AND THEN OF COURSE IT WAS ALSO STRUCK

DOWN IN THE 7TH CIRCUIT IN PEREZ V. AIR AND LIQUID SYSTEMS. IN FACT,

REPEATEDLY THE FEDERAL COURTS UPHELD THAT THE MERE REGISTRATION TO DO

BUSINESS OR MAINTAIN A REGISTERED AGENT IS NOT ENOUGH FOR A GENERAL

JURISDICTION FOR A FOREIGN CORPORATION. SO WITH ALL THOSE MULTIPLE COURTS

AND MULTIPLE CIRCUITS AND THE DAIMLER DECISION BY THE U.S. SUPREME

COURT, HOW CAN THIS POSSIBLY PASS CONSTITUTIONAL MUSTER? I MEAN, THE

LANGUAGE IN THIS BILL IS ALMOST IDENTICAL TO ALL THE ONES THAT I'VE

MENTIONED THAT HAVE ALREADY BEEN STRUCK DOWN.

MS. WEINSTEIN: WELL, YOU KNOW, TO THE BROWN

CASE, I AGREE WAS A 2ND CIRCUIT CASE, BUT THE ISSUE REGARDING CONSENT

WAS REALLY IN PART OF THE DICTUM. AND, YOU KNOW, THIS BILL WAS PUT

NYS ASSEMBLY JUNE 10, 2021

TOGETHER BY THE OCA CIVIL PRACTICE ADVISORY COMMITTEE, MADE UP OF

38 OF THE OUTSTANDING CPLR PRACTITIONERS AND SCHOLARS IN OUR STATE.

AND DESPITE THE CASES THAT YOU READ, THEY AND I AGREE THAT THIS POSITION

-- THIS LEGISLATION, THE WAY IT IS WRITTEN, WILL PASS CONSTITUTIONAL MUSTER,

THAT THE APPROACH IN THE BILL IS FAIR, EQUITABLE AND THAT IT -- IT WOULD PASS

THE DAIMLER'S CONSTITUTIONAL MUSTER. YOU KNOW, AND IN BROWN, THE

CONNECTICUT STATUTE AS FOUND BY THE 2ND COURT -- CIRCUIT, RATHER, NOT TO

CONFER JURISDICTION BECAUSE AMONG OTHER REASONS THE STATUTE DID NOT SAY

THAT IT DID. THIS BILL, BY CONTRAST, MAKES IT VERY CLEAR. BY OBTAINING

AUTHORITY TO DO BUSINESS HERE YOU AGREE TO BE SUED HERE. SO WHILE WE

MAY HAVE A DISAGREEMENT ON WHETHER IT'S -- PASSES THE CONSTITUTIONAL

MUSTER, AS I SAID, THESE EXPERTS FEEL THAT IT DOES AND WE WOULD LIKE TO

MOVE FORWARD TO PROTECT NEW YORK STATE'S RESIDENTS AND BUSINESSES.

MR. GOODELL: NOW IN ADDITION TO THE DUE PROCESS

LAWS, THE U.S. SUPREME COURT HAS LONG -- HAS A LONG HISTORY OF STRIKING

DOWN SIMILAR LEGISLATION BASED ON THE COMMERCE CLAUSE. AND, IN FACT,

THE UNITED STATES SUPREME COURT CONDEMNED THE CONDITIONING ON -- OF

THE RIGHT TO CONDUCT BUSINESS IN A STATE TO CONSENT TO GENERAL

JURISDICTION AS THE BURDEN ON INTERSTATE COMMERCE UNDER THE COMMERCE

CLAUSE IN MICHIGAN V. MIX AND ATCHISON V. WELLS. HOW -- HOW IS THIS

LANGUAGE ANY DIFFERENT THAN THE LANGUAGE THAT WAS STRUCK DOWN IN

THOSE DECISIONS AS WELL?

MS. WEINSTEIN: IT IS DIFFERENT, AND THIS DOES NOT

DEAL WITH THE -- INTERFERE WITH -- WITH COMMERCE.

MR. GOODELL: I SEE.

NYS ASSEMBLY JUNE 10, 2021

MS. WEINSTEIN: AND THIS -- THIS WAS -- YOU KNOW,

I JUST WANT TO RESTATE THAT PRIOR TO 2014 THIS WAS THE LONGSTANDING LAW

IN NEW YORK STATE.

MR. GOODELL: THANK YOU VERY MUCH, MS.

WEINSTEIN.

MS. WEINSTEIN: SURE.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: JUST IN MY PERSONAL OPINION, SOME

OF THE DUMBEST LEGISLATION I'VE EVER SEEN IN MY ENTIRE LIFE COMES OUT OF

OCA. AND SO WHEN I SEE AN OCA PROGRAM BILL IT'S AN IMMEDIATE RED

FLAG FOR ME TO READ THE LANGUAGE AND SEE IF THEY EVEN KNOW WHAT THE

HELL THEY'RE TALKING ABOUT. AND UNFORTUNATELY, I ONLY HAVE EIGHT

MINUTES LEFT, NOT EIGHT HOURS, TO GIVE YOU EXAMPLE AFTER EXAMPLE AFTER

EXAMPLE AFTER EXAMPLE OF HOW THE OUT-OF-COURT COURT ADMINISTRATORS

ARE OUT OF TOUCH WITH LEGAL REALITY. BUT I'LL SPARE YOU THAT LONG LIST.

THE NEW YORK STATE BAR ASSOCIATION HAS PROVIDED US WITH A MEMO

OPPOSING THIS, LISTING LITERALLY, LITERALLY A DOZEN CASES WHERE THE U.S.

SUPREME COURT OVER AND OVER AGAIN AND THE APPELLATE COURTS, THE

CIRCUIT COURTS, THE DISTRICT COURTS HAVE HELD YOU CANNOT ASSERT GENERAL

JURISDICTION OVER A FOREIGN COMPANY MERELY BECAUSE THEY REGISTERED IN

YOUR STATE. OVER AND OVER AGAIN, WITH IDENTICAL LANGUAGE. AND WHAT'S

THIS BILL SAY? QUOTE, "A FOREIGN CORPORATION APPLICATION TO DO

AUTHORITY TO DO BUSINESS IN THE STATE CONSTITUTES CONSENT TO

JURISDICTION." EXACTLY WHAT THE SUPREME COURT AND MULTIPLE FEDERAL

NYS ASSEMBLY JUNE 10, 2021

COURTS HAVE HELD VIOLATE THE DUE PROCESS CLAUSE AND VIOLATE THE

COMMERCE CLAUSE. NOW, OF COURSE YOU'VE HEARD ME SAY BEFORE THAT

SOME OF THE LANGUAGE THAT WE PASS IN MY OPINION WAS UNCONSTITUTIONAL.

AND FOR THOSE OF YOU WHO ARE KEEPING TRACK, YOU CAN RACK UP ALL THE

TIMES THAT EVEN NEW YORK COURTS HAVE SAID THAT WHAT WE'RE DOING IS

UNCONSTITUTIONAL. AND AGAIN, I ONLY HAVE SEVEN MINUTES SO I DON'T HAVE

TIME TO GIVE YOU ALL THOSE EXAMPLES. SUFFICE IT TO SAY THAT

NOTWITHSTANDING OUR CONSTITUTIONAL OATH OF OFFICE WE'VE ROUTINELY

IGNORED THAT. I GET IT. SO WHY, AS A POLICY MATTER, IS IT IMPORTANT TO

FOLLOW THE U.S. SUPREME COURT AND ALL OF THE DISTRICT AND CIRCUIT

COURTS ON THE ISSUE? AND THE ANSWER IS REALLY SIMPLE. WE DON'T WANT

NEW YORK CORPORATIONS TO BE SUBJECT TO JURISDICTION IN OTHER STATES

MERELY BECAUSE THEY REGISTER IN OTHER STATES BECAUSE ULTIMATELY, THAT

HURTS US. WE DON'T WANT TO GO DOWN THAT PATH OF BEING UNFAIR TO

FOREIGN CORPORATIONS BECAUSE OTHER STATES ARE THEN ENCOURAGED TO BE

UNFAIR TO OUR HOME CORPORATIONS AND IT HURTS NEW YORKERS MORE THAN

ANYONE ELSE. AND WHICH IS WHY THE BUSINESS COUNCIL, THE NEW YORK

BANKERS ASSOCIATION, THE LAWSUIT REFORM ALLIANCE, THE AUTO ALLIANCE,

THE ENERGY COALITION ALL OPPOSE IT ON POLICY GROUNDS.

SO, I URGE MY COLLEAGUES, LET'S BREAK WITH TRADITION

AND LET'S HONOR OUR OATH OF OFFICE AND TURN DOWN LEGISLATION THAT WE

KNOW VIOLATES THE U.S. CONSTITUTION AND WILL ULTIMATELY BE DAMAGING

TO NEW YORK BUSINESSES.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

NYS ASSEMBLY JUNE 10, 2021

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

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 7769. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MS. HYNDMAN -- MS. HUNTER. I'M SORRY.

MS. HUNTER: YES, THANK YOU, MR. SPEAKER. I'D

LIKE TO REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE AND MAJORITY

MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY

EXCEPTIONS, PLEASE ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY

LEADER'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED AND YOUR NAME WILL

BE ANNOUNCED ACCORDINGLY.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE

CAN RECORD YOU AS AN EXCEPTION TO THE CONFERENCE POSITION.

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.

NYS ASSEMBLY JUNE 10, 2021

PAGE 11, RULES REPORT NO. 433, THE CLERK WILL READ.

THE CLERK: SENATE NO. S04394-A, RULES REPORT

NO. 433, SENATOR RAMOS (A05144-A, BENEDETTO, ABINANTI, AUBRY,

JACKSON, STECK, FORREST, JACOBSON, CAHILL, SIMON, GALLAGHER,

WOERNER). AN ACT TO AMEND THE LABOR LAW, IN RELATION TO RETALIATORY

ACTIONS BY EMPLOYERS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU. NEW YORK STATE HAS A

-- A PROUD HISTORY OF HAVING -- SUPPORTING WHISTLEBLOWERS, BUT WE DO SO

IN A WAY THAT'S BALANCED WITH BUSINESSES. SO UNDER CURRENT LAW IF A

WHISTLEBLOWER HAS AN ISSUE AND THINKS THE EMPLOYER IS DOING

SOMETHING WRONG, WE EXPECT THE EMPLOYEE TO GO TO THE BUSINESS AND

BRING IT TO THEIR ATTENTION SO THEY CAN CORRECT IT IF THERE'S A MISTAKE.

AND IF THE EMPLOYEE DOESN'T THINK HE'S GETTING A RESPONSE OR IS PRETTY

SURE HE CAN'T GET A RESPONSE BASED ON PREVIOUS ACTION THEN THE

EMPLOYEE CAN CERTAINLY MAKE A COMPLAINT DIRECTLY TO THE APPROPRIATE

REGULATORY BODY. AND THE EMPLOYEE IS PROTECTED AS LONG AS THE

EMPLOYEE IS RIGHT. AND WE WANT TO MAKE SURE THE EMPLOYEE'S RIGHT

WHEN HE'S MAKING FORMAL COMPLAINTS BECAUSE IT CAN BE VERY EXPENSIVE

AND VERY DISRUPTIVE TO THE BUSINESS. THIS LEGISLATION CHANGES THAT

DYNAMIC BY SAYING THAT AN EMPLOYEE NO LONGER WOULD HAVE TO GO TO THE

COMPANY AND ASK THE COMPANY TO ADDRESS THE ISSUE. NOR DO THEY

NYS ASSEMBLY JUNE 10, 2021

ACTUALLY HAVE TO BE RIGHT ON WHETHER OR NOT THE EMPLOYER IS ABIDING THE

LAW. SO AS THE BUSINESS COUNCIL NOTES, THIS BILL WOULD AFFORD

PROTECTIONS TO EMPLOYEES WHO REPORT WHAT THEY REASONABLY BELIEVE IS

AN IMPROPER BUSINESS ACTION ACTIVITY RATHER THAN ACTUAL ILLEGAL BUSINESS

ACTIVITY. AND, THEREFORE, THEY OPPOSE IT. THE GREATER NEW YORK

HOSPITAL ASSOCIATION POINTS OUT THAT HOSPITAL COMPLIANCE PROGRAMS ARE

MANDATED BY NEW YORK STATE AND FEDERAL LAW, BUT THIS WOULD ALLOW AN

EMPLOYEE TO CIRCUMVENT THOSE STATUTORY PROVISIONS AND BRING A

COMPLAINT DIRECTLY TO THE GOVERNMENT WITHOUT FIRST ALERTING A

SUPERVISOR. AND YOUR COMPLIANCE PROGRAMS IN THE HOSPITALS ARE ALL

VERY CLEAR THAT YOU NEED TO REPORT IT IMMEDIATELY TO THE HOSPITAL SO THEY

CAN TAKE IMMEDIATE STEPS. AND IF YOU CAN CIRCUMVENT THAT PROCESS, IT

ACTUALLY SLOWS DOWN HOSPITAL COMPLIANCE, VIOLATES FEDERAL AND STATE

LAW AND RAISES THE RISK TO EMPLOYEES. THE OFFICE OF THE MAYOR OF NEW

YORK CITY OPPOSES THE BILL BECAUSE IT SAYS THIS BILL WOULD PROTECT

ACTIVITIES THAT DO NOT WARRANT PROTECTION AND REWARD EMPLOYEES WHO

MAKE THREATS TO THEIR EMPLOYERS AND WHO REFUSE TO CARRY OUT THEIR

DUTIES. AND SO ONE OF THE ASPECTS OF WHISTLEBLOWER PROTECTION IS YOU

CAN'T HAVE RETALIATION. SO IF YOU'RE AN EMPLOYEE AND YOU'RE IN A

TENUOUS SITUATION, THIS BILL WOULD ALLOW YOU TO CIRCUMVENT YOUR

SUPERVISOR, MAKE A REASONABLE BUT UNFOUNDED CLAIM AND THEREBY GAIN

PROTECTION.

AS WE STRUGGLE TO REINVIGORATE THE NEW YORK STATE

ECONOMY, RECOGNIZING THAT OUR BUSINESSES ALREADY SUFFERED FROM AN

OVERWHELMING NUMBER OF REGULATIONS AND BURDENSOME RESTRICTIONS, WE

NYS ASSEMBLY JUNE 10, 2021

SHOULD STAY WITH THE CURRENT WHISTLEBLOWER PROTECTIONS THAT BALANCE THE

NEED AND DESIRE FOR EMPLOYERS TO BE NOTIFIED OF A POTENTIAL PROBLEM AND

HAVE AN OPPORTUNITY TO ADDRESS IT, RATHER THAN EMPLOYEES CIRCUMVENTING

THAT PROCESS IN VIOLATION OF STATE AND FEDERAL LAW AS IT RELATES TO

HOSPITALS AND GOING DIRECTLY TO REGULATORS. LET'S NOT MAKE THIS IS A "GOT

YOU" STATE THAT HURTS BUSINESSES. LET'S CONTINUE THE PROCESS THAT

BALANCES THE NEED FOR WHISTLEBLOWER PROTECTION WITH THE NEED FOR

RESPONSIBLE BUSINESS RESPONSE.

FOR THAT REASON I'LL OPPOSE THIS LEGISLATION THAT, IN MY

OPINION, HAS AN UNREASONABLE EXPANSION, AND I WILL SUPPORT THE

POSITION THAT WAS ARTICULATED BY THE BUSINESS COUNCIL, THE GREATER

HOSPITAL ASSOCIATION [SIC], NEW YORK CITY OFFICE OF THE MAYOR,

NATIONAL FEDERATION OF INDEPENDENT BUSINESS, HANYS AND OTHERS THAT

WANT TO SEE OUR ECONOMY DO WELL WHILE RECOGNIZING THE IMPORTANT ROLE

OF WHISTLEBLOWERS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

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 4394-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MS. HUNTER.

NYS ASSEMBLY JUNE 10, 2021

(PAUSE)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. BUT THOSE

MEMBERS OF THE CONFERENCE THAT WISH TO SUPPORT IT SHOULD CALL THE

MINORITY LEADER'S OFFICE SO WE CAN RECORD YOUR VOTE CORRECTLY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER, I WOULD LIKE TO

REMIND MY COLLEAGUES THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE

RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, I'D ASK

MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER AT THE NUMBER

PREVIOUSLY PROVIDED AND THEY WILL BE ANNOUNCED ACCORDINGLY.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU.

MR. BENEDETTO TO EXPLAIN HIS VOTE.

MR. BENEDETTO: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE. I JUST WANT TO SAY THAT CURRENTLY, WHISTLEBLOWERS IN

THE STATE OF NEW YORK ARE PROTECTED, BUT ONLY WHEN THEY ARE PROTECTING

A -- A -- A VIOLATION OF LAW THAT WILL SUBSTANTIALLY ADD SPECIFIC DANGER TO

THE PUBLIC HEALTH. THIS WILL EXPAND THAT AND MAKE OTHER REPORTS OR

SUSPECTED REPORTS OF VIOLATIONS TO RULES AND TO LAWS AND MAYBE THE

FINANCIAL AREA AND OTHER AREAS WHERE THERE IS MISDOINGS GOING ON.

OKAY. THIS WILL EXPAND THE LAW ALSO TO PROTECT INDEPENDENT

CONTRACTORS AND -- AND PROTECT A -- A GREATER VARIETY OF OUR WORKFORCE.

NYS ASSEMBLY JUNE 10, 2021

WE WANT THE PEOPLE IN THE STATE OF NEW YORK TO WORK SAFELY. WE

WANT THEM TO WORK WELL. BUT WE ALSO WANT THEM TO SEE THE DANGERS

THAT ARE OUT THERE AND TO REPORT THEM. AND THIS BILL DOES MAKE THEM

REPORT ANY INSTANCES THAT THEY -- THAT THEY SEE, ANY INFRACTIONS THAT THEY

SEE. EXCEPT IN SPECIFIC CASES WHERE THERE'S A DANGER TO LIFE. WHERE

THEY THINK THEY MIGHT BE PREVENTED FROM MOVING AHEAD WITH THIS

PARTICULAR LAW. THERE ARE WAYS TO EXCLUDE, OKAY, WHAT THEY'RE GOING TO

SAY. IT'S A TREMENDOUS EXPANSION, IT IS MUCH NEEDED. THE LAWS WE'VE

HAD IN THE STATE OF NEW YORK ARE SOMETHING LIKE 30 YEARS OLD, AND THIS

EXPANSION IS MUCH NEEDED.

I ENCOURAGE EVERYBODY TO VOTE FOR IT. AND I WANT TO

THANK PEOPLE WITHIN THIS CHAMBER WHO ARE MY COLLEAGUES WHO HAVE

HELPED ME OVER THE YEARS TO -- TO WORK ON THIS BILL. CERTAINLY, THE STAFF

AND CERTAINLY, MOST OF ALL, THE SPEAKER. THANK YOU, MR. CHAIRMAN.

ACTING SPEAKER AUBRY: MR. BENEDETTO IN THE

AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. AS I HAVE

OFTEN STATED AT VARIOUS MEETINGS THAT WE'VE HAD, NEW YORK'S CURRENT

WHISTLEBLOWER PROTECTIONS ARE SO NARROW AS TO BE ELUSORY, PROTECTING

VIRTUALLY NOBODY. AS A RESULT, EMPLOYEES HAVE BEEN AFRAID TO COMPLAIN

ABOUT ILLEGAL CONDUCT IN THE WORKPLACE OR CONDUCT THAT IS DANGEROUS TO

THE HEALTH AND SAFETY OF OTHERS BECAUSE THEY FEAR RETALIATORY CONDUCT

THAT CAN TAKE MANY FORMS: DEMOTION, TERMINATION, LOSS OF

COMPENSATION, REPUTATIONAL DAMAGE. THIS BILL WILL PROTECT THOSE PEOPLE

NYS ASSEMBLY JUNE 10, 2021

WHO IN GOOD FAITH MAKE REPORTS. AND AS MR. BENEDETTO SAID, YES, IN

FACT, YOU ARE SUPPOSED TO REPORT IT TO YOUR SUPERVISOR UNLESS IT IS A REAL

THREAT TO -- TO LIFE. SO THE REALITY IS, THIS IS GOING TO PROVIDE NEW

YORKERS WITH MUCH-NEEDED WHISTLEBLOWER PROTECTION SO THAT THE

PERSON WHO MAKES A REPORT THAT THERE'S AN UNSAFE LEVEL OF RADIATION IN

THE LAB ISN'T GOING TO LOSE THAT CASE BECAUSE THEY DON'T HAPPEN TO HAVE

THE EQUIPMENT TO DO THE MEASURING BECAUSE THAT MEASURING EQUIPMENT

ONLY BELONGS TO THE EMPLOYER. THAT IS UNFAIR AND IT IS UNSAFE, AND NEW

YORKERS NOW WILL BE PROTECTED AGAINST SUCH CONDUCT.

THANK YOU, AND I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 24, RULES REPORT NO. 704, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03224, RULES REPORT

NO. 704, HUNTER, WALLACE, KELLES. AN ACT TO AMEND THE GENERAL

MUNICIPAL LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

INCLUDING PROVIDING ONSITE CHILD DAYCARE FACILITIES BY A PROJECT INTO A

UNIFORM TAX EXEMPTION POLICY.

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 3224. THIS IS A FAST ROLL CALL. ANY

NYS ASSEMBLY JUNE 10, 2021

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. PALMESANO TO EXPLAIN HIS VOTE.

MR. PALMESANO: YES, THANK YOU, MR. SPEAKER. I

PLAN TO SUPPORT THIS LEGISLATION. I JUST PUT -- I DO WANT TO JUST KIND OF

BRING UP A COUPLE POINTS THAT I JUST THINK THAT NEED DEEP CONSIDERATION

MOVING FORWARD, ESPECIALLY WITH OUR IDAS. AND WHEN WE TALK ABOUT

CHILDCARE CENTERS I THINK THAT'S SOMETHING THAT THEY LOOK AT, AND GIVING

THEM THE FLEXIBILITY TO LOOK AT THESE OPTIONS, AND I BELIEVE THAT'S WHAT

THIS DOES. BUT I DO BELIEVE ALSO THEY HAVE TO LOOK AT THE IMPACT THIS

COULD HAVE AS FAR AS DECISIONS AND HOW THEY MIGHT PLAY IN PLACES LIKE

CERTAIN SITES THAT WOULD BE DIFFICULT FOR A -- A CHILDCARE CENTER TO BE

LOCATED IN. I THINK OUR IDAS CAN HELP MOVE THIS PROCESS ALONG A LOT

FURTHER IF WE LOOKED EVEN CHANGE TO THE GENERAL MUNICIPAL LAW TO

ALLOW CHILDCARE CENTERS TO BE ADDED TO THE DEFINITION OF (INAUDIBLE). I

THINK THAT WOULD GO A LONG WAY AND AID THEM IN PROVIDING THAT

ASSISTANCE. AND ALSO I THINK ALSO IF WE LOOK AT THE GENERAL MUNICIPAL

LAW TO INCLUDE GRANTS OR LOANS TO CHILDCARE CENTERS, LIKE IN SECTION

858. SO THERE'S -- THERE'S MORE WE CAN DO. CHILDCARE IS CERTAINLY AN

IMPORTANT PART OF OUR -- OF OUR LOCAL ECONOMIES AND OUR LOCAL

COMMUNITIES AND HELPING PEOPLE GET BACK TO THE WORKPLACE AND BE IN

THE WORKPLACE. AND I JUST THINK AS WE MOVE FORWARD, I THINK

REVIEWING THIS OPTION IS A GOOD THING, BUT I -- I DO THINK IT'S IMPERATIVE

NYS ASSEMBLY JUNE 10, 2021

THAT WE EMPOWER OUR IDAS TO HAVE FLEXIBILITY IN MAKING THESE

DECISIONS AND TAKE INTO CONSIDERATION -- I THINK ONE GOOD START WOULD

BE ABLE TO ADD CHILDCARE CENTERS TO THE DEFINITION OF PROJECTS SO WHEN

THEY LOOK TO DO THIS AND AID OUR BUSINESSES AND OUR EMPLOYEES AND OUR

WORKFORCE THAT WOULD BE A GOOD THING.

SO, I -- THAT'S MY EXPLANATION AND I'M VOTING YES.

ACTING SPEAKER AUBRY: MR. MONTESANO IN

THE AFFIRMATIVE -- PALMESANO IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 21, RULES REPORT NO. 660, THE CLERK WILL READ.

THE CLERK: SENATE NO. S06052-B, RULES REPORT

NO. 660, SENATOR REICHLIN-MELNICK (A05683-B, ZEBROWSKI, DICKENS).

AN ACT TO AMEND CHAPTER 89 OF THE LAWS OF 2016 RELATING TO

SUPPLEMENTARY FUNDING FOR DEDICATED PROGRAMS FOR PUBLIC SCHOOL

STUDENTS IN THE EAST RAMAPO CENTRAL SCHOOL DISTRICT, IN RELATION TO THE

POWERS AND DUTIES OF MONITORS IN THE EAST RAMAPO CENTRAL SCHOOL

DISTRICT.

ACTING SPEAKER AUBRY: MR. LAWLER.

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

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. LAWLER: THANK YOU. FOR YEARS, THE EAST

RAMAPO CENTRAL SCHOOL DISTRICT HAS BEEN A SOURCE OF CONTROVERSY,

ANGER AND DIVISION IN ROCKLAND COUNTY. WE'VE HAD CONTENTIOUS

NYS ASSEMBLY JUNE 10, 2021

ELECTIONS AND BUDGET VOTES, CIVIL RIGHTS LAWSUITS AND ONE FAILED SOLUTION

AFTER ANOTHER THAT HAS RESULTED IN CONTINUED TENSIONS BETWEEN

NEIGHBORS, AND WORSE, A SUBSTANDARD EDUCATION FOR OUR PUBLIC SCHOOL

STUDENTS WHO ARE PREDOMINANTLY BLACK AND BROWN CHILDREN. IT'S BEEN A

LONG AND DIFFICULT JOURNEY TO THIS POINT, AND MY FEAR IS IF WE STAY ON THE

CURRENT TRAJECTORY, NOT MUCH WILL CHANGE. IN FACT, IT MAY ONLY GET

WORSE. IT HAS TO STOP, AND WE MUST ALL STOP PITTING ONE COMMUNITY

AGAINST ANOTHER. THE SIMPLE TRUTH IS, EVERY CHILD IN THIS DISTRICT,

REGARDLESS OF WHETHER THEY ATTEND A PUBLIC SCHOOL OR A PRIVATE SCHOOL,

REGARDLESS OF THEIR PARENTS' INCOME AND REGARDLESS OF WHICH COMMUNITY

THEY LIVE IN, DESERVES A QUALITY AND FULLY-FUNDED EDUCATION. THE

CHALLENGES RUN DEEP HERE. FIRST, ROCKLAND COUNTY SCHOOLS ARE

CONTINUALLY SHORT-CHANGED BY A BROKEN STATE SCHOOL AID FORMULA WHICH

TREATS OUR LABOR COSTS LIKE UPSTATE NEW YORK SCHOOLS AS OPPOSED TO

LONG ISLAND AND NEW YORK CITY, COSTING US MILLIONS OF DOLLARS IN

DIRECT STATE AID EVERY YEAR. THIS YEAR ALONE WE WERE SHORTCHANGED $11

MILLION IN STATE AID, INCLUDING OVER $3 MILLION TO EAST RAMAPO BECAUSE

OF A BROKEN STATE SCHOOL AID FORMULA THAT DOES NOT TREAT OUR LABOR COSTS

AS THEY SHOULD. SECOND, WITHIN THIS PARTICULAR DISTRICT THE

WEALTH-TO-POVERTY RATIO HAS LONG BEEN WRONG BECAUSE THE FORMULA DOES

NOT COUNT THE PRIVATE SCHOOL STUDENTS IN ITS CALCULATION, THEREBY

SHORT-CHANGING THE STUDENTS AND FAMILIES ONCE MORE. ON FOUNDATION

AID THIS YEAR, WE DID GET A GREAT INCREASE IN FOUNDATION AID, AND I WAS

HAPPY TO SUPPORT THAT IN THE BUDGET. WE WERE ABLE TO GET FOR EAST

RAMAPO OVER $40 MILLION IN STATE AID, IN ADDITIONAL STATE AID. BUT THE

NYS ASSEMBLY JUNE 10, 2021

ADDITIONAL FUNDING ALONE IS NOT GOING TO SOLVE THE PROBLEM HERE. FIVE

YEARS AGO THIS BODY APPROVED A MONITOR TO PROVIDE OVERSIGHT TO THE

EAST RAMAPO CENTRAL SCHOOL BOARD. TODAY MY COLLEAGUE HAS PUT FORTH

A BILL THAT WE ARE ON DEBATE, TO EXPAND THE AUTHORITY OF THAT MONITOR TO

INCLUDE VETO POWER. IT IS, IN FACT, THE ONLY ONE OF ITS KIND. AND MANY

OF MY COLLEAGUES ARE RIGHTLY CONCERNED ABOUT THE PRECEDENT OF

OVERRULING A DULY-ELECTED SCHOOL BOARD. TWO WEEKS AGO I DID VOTE TO

MOVE THAT BILL OUT OF THE EDUCATION COMMITTEE, AND TODAY I WILL VOTE TO

PASS IT ON THE FLOOR. BUT AS ANYBODY WILL ACKNOWLEDGE, THE MONITOR

WITH VETO POWER WILL NOT SOLVE THE PROBLEMS IN THIS DISTRICT. RATHER, IT

IS A SHORT-TERM MEASURE THAT REALLY REQUIRES A LONG-TERM SOLUTION

WITHOUT WHICH IS DESTINED TO FAIL. THAT'S WHY A FEW WEEKS AGO I

INTRODUCED LEGISLATION THAT WOULD FUNDAMENTALLY CHANGE THE EQUATION

IN THIS DISTRICT AND ADDRESS THE UNIQUE PROBLEM FACING EAST RAMAPO,

WHICH IS HOW WE FUND MANDATED SERVICES FOR PRIVATE SCHOOL STUDENTS.

CURRENTLY, THERE ARE OVER 29,000 PRIVATE SCHOOL STUDENTS AND AROUND

9,000 PUBLIC SCHOOL STUDENTS IN THE EAST RAMAPO CENTRAL SCHOOL

DISTRICT. AND THE DISPARITY BETWEEN PRIVATE SCHOOL STUDENTS AND PUBLIC

SCHOOL STUDENTS WILL ONLY GROW, NOT SHRINK, IN THE COMING YEARS.

UNDER CURRENT LAW, EACH DULY-ELECTED SCHOOL BOARD IS RESPONSIBLE FOR

THE DECISIONS SURROUNDING PRIVATE SCHOOL STUDENTS, AND NEW YORK STATE

REIMBURSES THE SCHOOL DISTRICTS AT ROUGHLY 72 PERCENT OF THOSE

MANDATED SERVICES; BUSSING, BOOKS, SPECIAL EDUCATION. THE BILL I

INTRODUCED WOULD TAKE THOSE DECISIONS AND THE FUNDING MECHANISMS

FOR THEM OUT OF THE PUBLIC SCHOOL SYSTEM, AND RATHER FORCE NEW YORK

NYS ASSEMBLY JUNE 10, 2021

STATE, WHICH MANDATES THOSE SERVICES, AND THE STATE DEPARTMENT OF

EDUCATION TO BE FULLY RESPONSIBLE FOR FUNDING THEM. I INTRODUCED TWO

VERSIONS OF THE BILL; ONE THAT WOULD APPLY STATEWIDE AND ONE THAT

WOULD APPLY TO SCHOOL DISTRICTS WHERE 65 PERCENT OR MORE OF THE

STUDENTS RESIDE IN THAT DISTRICT ARE ENROLLED IN PRIVATE SCHOOLS. AS

WE'VE SEEN IN EAST RAMAPO, THIS ISSUE IS A FLASH POINT AND CAN CAUSE

SIGNIFICANT, UNNECESSARY DIVISION BETWEEN DIFFERENT COMMUNITIES. WE

HAVE TO FIX IT. ALLOWING FOR PRIVATE SCHOOLS TO WORK DIRECTLY WITH THE

STATE DEPARTMENT OF ED ON THESE ISSUES OF FUNDING FOR MANDATED

SERVICES WILL DO THAT. IT WILL ALLEVIATE THE TENSION THAT EXISTS. ALLEVIATE

THE TENSION THAT THE MONITOR IS NOW GOING TO HAVE TO OVERSEE. IT ALSO

WOULD MEAN THAT THE SOLE FOCUS OF THE PUBLIC SCHOOL BOARD WOULD BE TO

ENSURE THAT THE PUBLIC SCHOOL STUDENTS RECEIVE THE FULLY-FUNDED AND

QUALITY EDUCATION THEY DESERVE. NO CHILD, NO CHILD SHOULD EVER, EVER

BE LEFT IN A FAILING SCHOOL SYSTEM, AND UNFORTUNATELY FOR TOO MANY

CHILDREN IN EAST RAMAPO, THAT HAS BEEN THE CASE. IF WE'RE GOING TO

SOLVE THE PROBLEM HERE, WE HAVE TO RESPECT EVERY COMMUNITY AND THE

DESIRE OF EVERY PARENT TO EDUCATE THEIR CHILDREN. WE HAVE TO RESPECT

SCHOOL CHOICE. PARENTS HAVE THAT RIGHT TO SEND THEIR CHILD TO A SCHOOL OF

THEIR CHOOSING. IF WE RESPECT THAT, THEN THE SOLUTION WILL BE A LOT EASIER

HERE IN EAST RAMAPO. THERE'S A LOT OF WORK TO DO. AND I AM FULLY

COMMITTED TO WORKING WITH MY COLLEAGUE AS WELL AS MY COLLEAGUES IN

THE SENATE TO COME UP WITH A LONG-TERM SOLUTION HERE. AS I SAID

BEFORE, THIS BILL IS NOT GOING TO SOLVE THE PROBLEM. IT'S A SHORT-TERM

MEASURE WHICH I WILL SUPPORT. BUT WE NEED A LONGER-TERM SOLUTION THAT

NYS ASSEMBLY JUNE 10, 2021

ENSURES EVERY CHILD IN THIS DISTRICT GETS THE SERVICES THEY ARE ENTITLED TO,

REGARDLESS OF WHETHER THEY ATTEND A PUBLIC SCHOOL OR A PRIVATE SCHOOL.

WITH THAT, MR. SPEAKER, I YIELD BACK MY TIME AND I

WILL VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SMITH.

MR. SMITH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: ABSOLUTELY, MR. SPEAKER. I

YIELD.

MR. SMITH: THANK YOU, SIR. JUST A FEW QUESTIONS

ON THIS BILL, AS I THINK THIS IS A TOPIC THAT WE'VE REALLY TALKED ABOUT

ACROSS THE STATE OF NEW YORK FOR MANY YEARS AND IT'S SOMETHING THAT I

THINK ALL OF US ARE RIGHTLY ARE CONCERNED ABOUT. SO MY FIRST QUESTION.

DOES THE BOARD, THE ELECTED SCHOOL BOARD, HAVE THE ABILITY TO OVERRIDE

THE VETO OF THESE MONITORS?

MR. ZEBROWSKI: NO, THE BOARD HAS AN ABILITY TO

APPEAL TO THE COMMISSIONER. BUT IF THE MONITOR -- NOW OF COURSE

YOU'RE NOT -- YOU'RE NOT -- WE'RE NOT GOING THROUGH THE ENTIRE PROCESS,

RIGHT? THIS BILL SETS UP A PROCESS --

MR. SMITH: CORRECT.

MR. ZEBROWSKI: -- BY WHICH IF THEY WERE GOING TO

OVERTURN A BOARD DECISION OR SUBMIT A RESOLUTION IT WOULD HAVE TO BE

BECAUSE OF A VIOLATION OF STATE OR FEDERAL LAW OR A VIOLATION OF THE

NYS ASSEMBLY JUNE 10, 2021

STRATEGIC AND ACADEMIC FISCAL IMPROVEMENT PLAN. SO ASSUMING THEY

WENT THROUGH ALL THOSE PROCEDURAL STEPS THAT ARE SET UP WITHIN THE BILL,

AND THEN ASSUMING THEY OVERRODE A BOARD DECISION, THE BOARD'S ABILITY

WOULD BE EITHER TO APPEAL TO THE COMMISSIONER THAT COULD THEN

OVERRULE THE MONITOR'S ACTION OR ACCESS THE COURTS.

MR. SMITH: OKAY. NOW AS I UNDERSTAND IT, ONE OF

THE THINGS THAT'S TAKEN PLACE IN THE EAST RAMAPO SCHOOL DISTRICT OVER

THE LAST SEVERAL YEARS WAS THE ESTABLISHMENT OF A WARD SYSTEM. CAN

YOU EXPLAIN -- HAS THAT HAD ANY KIND OF AN IMPACT ON WHAT'S GOING ON

WITH RESPECT TO GOVERNANCE AND ADDRESSING SOME OF THESE LONG-TERM

PROBLEMS THE DISTRICT'S BEEN FACING?

MR. ZEBROWSKI: SO THAT JUST HAPPENED, AND

ACTUALLY I'M GLAD YOU BROUGHT IT UP BECAUSE IT'S CERTAINLY SOMETHING

THAT WAS A CATALYST TO WHAT GOT US HERE TODAY AFTER, AS YOU SAID, HAS

BEEN MANY YEARS AND A MONITOR STRUCTURE THAT HAS BEEN IN PLACE, A

DIFFERENT MONITOR STRUCTURE SINCE ABOUT 2016. SO THAT VOTING RIGHTS

CASE THAT WAS BROUGHT BY THE NAACP AND THE NEW YORK CIVIL

LIBERTIES UNION AGAINST THE BOARD WAS DECIDED RECENTLY IN THE

NAACP'S FAVOR. AND TO SUMMARIZE WHAT WAS AN INITIAL TRIAL COURT

DECISION AND THEN A -- THE APPELLATE COURT AFFIRMED THAT DECISION, IS

THEN FOUND THAT THERE WAS DISCRIMINATION AGAINST THE BLACK AND BROWN

CHILDREN IN THIS DISTRICT AND THAT THE PARENTS DID NOT HAVE A PROPER SAY

WITHIN THEIR DISTRICT AND MANY OTHER THINGS. JUST TO -- TO READ MAYBE A

SIMPLE QUOTE FROM THE APPELLATE COURT JUDGE'S DECISION, IT SAID, QUOTE,

"THE RECORD IS REPLETE WITH EVIDENCE THAT THE PRIVATE SCHOOL-RUN BOARD

NYS ASSEMBLY JUNE 10, 2021

WAS CHRONICALLY UNRESPONSIVE TO PUBLIC SCHOOL CONCERNS." THESE TWO

DECISIONS ESSENTIALLY READ AS A RUNDOWN OF MANY OF THE THINGS THAT HAVE

BEEN PUBLICLY DEBATED OVER THE PAST SIX OR SEVEN YEARS ABOUT THIS

SCHOOL DISTRICT. SO IN WINNING THAT VOTING RIGHTS CASE, WHAT THE FEDERAL

COURT DID WAS ESTABLISH WARDS OR DISTRICTS IN THIS SCHOOL DISTRICT AS

OPPOSED TO AN AT-LARGE SCHOOL DISTRICT SYSTEM, SO THEREFORE GIVING

MINORITY COMMUNITIES OF INTEREST THE ABILITY TO ELECT FOLKS TO THE BOARD

OF THEIR OWN CHOOSING. NOW, WHAT IT DID NOT DO WAS CHANGE THE

MAJORITY MAKE UP OF THE SCHOOL BOARD. SO IT WAS -- IT WAS A

TREMENDOUS VICTORY BECAUSE COMMUNITIES IN THAT DISTRICT NEED TO HAVE

THE ABILITY TO ELECT REPRESENTATIVES OF THEIR CHOOSING. HOWEVER, IT WAS

LIMITED IN THAT IT DIDN'T CHANGE THE OVERALL MAJORITY MAKE UP OF THE

DISTRICT.

MR. SMITH: OKAY. THANK YOU. I THINK THAT'S AN

INTERESTING POINT WITH RESPECT TO THIS. UNDER THIS BILL, THE EXTENSION --

IS THE EXTENSION FIVE YEARS FOR -- RATHER -- YEAH, THE EXTENSION IS FIVE

YEARS FOR THIS?

MR. ZEBROWSKI: FOUR YEARS.

MR. SMITH: FOUR YEARS. OKAY. NOW, IS THERE A

REASON FOUR YEARS NOT, YOU KNOW, TWO OR THREE YEARS OR ONE YEAR? YOU

KNOW, WAS THAT -- WAS THERE A THOUGHT PROCESS THERE ON THE FOUR YEARS?

MR. ZEBROWSKI: YEAH, QUITE FRANKLY, THE THOUGHT

PROCESS IS WHAT'S TOO LITTLE AND WHAT'S TOO MUCH. I THINK THERE IS A

DESIRE AMONGST MYSELF AND MANY FOLKS TO IMPLEMENT THIS MODEL, WHICH

I BELIEVE THE PUBLIC SCHOOL -- PUBLIC SCHOOL PARENTS AND PUBLIC SCHOOL

NYS ASSEMBLY JUNE 10, 2021

CHILDREN HAVE FELT LIKE THEY WERE ENTITLED TO, QUITE FRANKLY, SINCE AN

INDEPENDENT REPORT WAS DONE IN 2014 THAT SUGGESTED THIS TYPE OF

MODEL. SO THE INTENTION OF THIS LEGISLATION IS TO SET THAT UP. BUT OF

COURSE, THE INTENTION IS ALSO TO FIND ADDITIONAL SOLUTIONS TO THIS DISTRICT

TO BRING PEOPLE TOGETHER AND TRY TO FIND A LONG-TERM SOLUTION TO THIS

DISTRICT IN -- THAT CAN, YOU KNOW, BE IMPLEMENTED IN CONJUNCTION WITH

THIS OVERSIGHT MODEL. SO WHAT'S THE AMOUNT OF TIME TO ANALYZE A -- A --

AN OVERSIGHT MODEL LIKE THIS? YOU KNOW, LIKE, A YEAR OR TWO GOES BY

PRETTY QUICKLY. RIGHT? SO I DIDN'T WANT TO GET INTO A SITUATION WHERE

WE PASSED THIS BILL AND WE'D SNAP OUR FINGERS AND BEFORE WE KNOW IT,

INSTEAD OF SITTING DOWN AND TRYING TO IMPROVE THE ACADEMIC OUTCOMES

AND PROGRAMS IN THIS PUBLIC SCHOOL DISTRICT WE WERE ARGUING ABOUT

WHETHER OR NOT THIS BILL SHOULD BE EXTENDED. SO WE FELT LIKE FOUR YEARS

GAVE US A PROPER AMOUNT OF TIME TO INSTITUTE THE MODEL AND TO EVALUATE

IT.

MR. SMITH: OKAY. NOW, THIS BILL ALSO REDUCES THE

NUMBER OF MONITORS FROM THREE TO TWO. MUST THE TWO MONITORS AGREE IF

A DECISION IS GOING TO BE OVERRIDDEN, OR IS THAT -- I MEAN, I'M ASSUMING

THEY WORK TOGETHER.

MR. ZEBROWSKI: YEAH, WE HAVE PRETTY -- WE -- IN

GENERAL THERE'S MONITORS IN THERE RIGHT NOW, IN GENERAL THEY WORK

TOGETHER. WE HAVEN'T HAD ONE SITUATION WHERE I THINK ONE MONITOR HAS

DISAGREED WITH ANOTHER MONITOR. BUT WE DO SET UP A FRAMEWORK WHERE

THE COMMISSIONER WOULD HAVE THE ABILITY TO -- TO INSERT HIS OR HERSELF

SHOULD THERE WILL BE A MONITOR DISAGREEMENT. OF COURSE THERE'S OTHER

NYS ASSEMBLY JUNE 10, 2021

PROVISIONS IN THIS, TOO, WHERE THE MONITORS, IF THEY FIND A VIOLATION OF

THE STRATEGIC AND ACADEMIC IMPROVEMENT PLAN CAN APPEAL TO THE

COMMISSIONER THEMSELVES. SO THEORETICALLY, IN A SITUATION LIKE THAT

TWO THINGS COULD HAPPEN: THE COMMISSIONER COULD STEP IN AND SORT OF

ADJUDICATE THE DISAGREEMENT BETWEEN THE MONITORS, OR THEORETICALLY,

ONE MONITOR COULD GO TO THE COMMISSIONER AND THE COMMISSIONER

COULD TAKE THAT ACTION INSTEAD OF THE MONITORS.

MR. SMITH: OKAY. AND NOW WITH RESPECT TO WHAT

DECISIONS THAT A BOARD WOULD MAKE THAT THE MONITOR CAN WEIGH IN ON

TERMS OF VETOING, CAN THE VETO -- RATHER, CAN THE MONITOR VETO ANY OF THE

MANDATED SERVICES FOR THE, YOU KNOW, PRIVATE SCHOOL STUDENTS THAT LIVE

WITHIN THE DISTRICT SUCH AS, YOU KNOW, ANYTHING LIKE BUSSING OR ANY

OTHER SERVICES THAT THEY MAY RECEIVE?

MR. ZEBROWSKI: WELL, THERE'S A PROVISION

SPECIFICALLY ON PAGE 4, LINE 11 WHICH SAYS THE MONITOR OR MONITOR SHALL

NOT OVERRIDE AND ADOPT A PROPOSED RESOLUTION OR MOTION OR SUBMIT A

RESOLUTION THAT WOULD DIMINISH MANDATED SERVICES TO NON-PUBLIC

SCHOOLS IN VIOLATION OF STATE OR FEDERAL LAWS, RULES OR REGULATIONS. SO

THEY WOULD HAVE TO FOLLOW THAT PROVISION.

MR. SMITH: OKAY. AND IN YOUR OPINION, DO YOU

THINK THAT THIS WILL ADDRESS THE LONG-TERM CHALLENGES THE DISTRICT FACES?

I KNOW THERE WERE A NUMBER OF RECOMMENDATIONS THAT WERE MADE A

FEW YEARS BACK. I BELIEVE THIS WAS, YOU KNOW, ONE OF THEM. WHAT ARE

YOUR THOUGHTS ON THAT?

MR. ZEBROWSKI: THE SIMPLE ANSWER IS YES, I

NYS ASSEMBLY JUNE 10, 2021

THINK IT WILL ADDRESS THE CHALLENGES OF THE DISTRICT. IF YOU'RE ASKING ME

WHETHER THIS IS THE ONLY SOLUTION TO THE ISSUES IN THE DISTRICT, THEN I

WOULD SAY NO. BUT IT CERTAINLY WILL BE POSITIVE AND CERTAINLY WILL

ADDRESS THEM AND CERTAINLY WILL MOVE THIS DISTRICT FORWARD, PROVIDE THE

PUBLIC SCHOOL STUDENTS AND PARENTS A SEAT AT THE TABLE, AND HOPEFULLY

IMPROVE THE ACADEMIC PROGRAMMING AND OUTCOMES OF THESE STUDENTS IN

THIS DISTRICT.

MR. SMITH: OKAY. THANK YOU, SIR.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SMITH: ALL RIGHT. THANK YOU SO MUCH, AND I

REALLY APPRECIATE MY COLLEAGUE FOR HIS WORK ON THIS AND FOR HIS THOUGHT

-- THOUGHTS ON THIS. I, ALONG WITH MANY EDUCATORS AROUND THE STATE AND

PEOPLE AROUND THE STATE, HAVE DEFINITELY TAKEN A PARTICULAR INTEREST IN

WHAT'S GOING ON IN THE EAST RAMAPO SCHOOL DISTRICT. MY ONLY REAL

CONCERN ABOUT THIS BILL - AND IT'S MORE OF A TECHNICAL NATURE - IS THE FACT

THAT WITH THE ESTABLISHMENT OF A NEW WARD SYSTEM WHERE YOU HAVE NINE

ESSENTIALLY COUNCILMANIC DISTRICTS, BUT WITH RESPECT TO A SCHOOL BOARD

WHERE YOU HAVE DULY-ELECTED MEMBERS, A CONCERN THAT I HAVE WITH THE

WAY THE BILL IS WRITTEN IS THE FACT THAT IF A -- ONE OF THESE -- IF THESE

MONITORS WERE TO OVERRIDE A DECISION OF THE DULY-ELECTED SCHOOL BOARD,

THAT THERE WOULD NOT BE A WAY TO OVERRIDE THAT. AND -- AND FOR

INSTANCE, AS WAS MENTIONED WITH THE MAKE UP OF THE MAJORITY OF THE

BOARD, AS I UNDERSTAND THERE IS FACTIONS WITHIN THE DISTRICT, BUT NOW

WITH THIS WARD SYSTEM YOU HAVE NINE MEMBERS WHERE THERE'S A MAJORITY

NYS ASSEMBLY JUNE 10, 2021

AND A MINORITY. MY CONCERN IS THAT EVEN IF BOTH THE MAJORITY FACTION

AND THE MINORITY FACTION HAPPEN TO IN UNANIMITY AGREE WITH SOMETHING

THAT THEY COULD NOT VOTE TO OVERRIDE THE MONITOR.

SO FOR THAT REASON I PERSONALLY -- I CAN'T SUPPORT THE

BILL BECAUSE I'M CONCERNED THAT THERE'S NO -- WITH RESPECT TO A

DULY-ELECTED SCHOOL BOARD, EVEN IF ALL NINE MEMBERS, ADMITTEDLY FROM

DIFFERENT FACTIONS, WANTED TO DO SOMETHING FOR THEIR LOCAL COMMUNITY

THEY -- THERE WOULD BE CONCERNS WHETHER THEY'D BE ABLE TO ACCOMPLISH

THAT. SO I DO THINK THE INTENTION IS GOOD, BUT I PERSONALLY CAN'T SUPPORT

IT FOR THAT REASON. BUT I THANK YOU, MR. SPEAKER, I THANK YOU, MY

COLLEAGUES, FOR THAT.

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 -- SENATE PRINT 6052-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.)

WE WITHDRAW THAT (INAUDIBLE). THIS WAS A PARTY VOTE.

ANY MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

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

NYS ASSEMBLY JUNE 10, 2021

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO

SUPPORT IT SHOULD CONTACT 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 WILL GENERALLY BE IN FAVOR OF THIS

LEGISLATION. HOWEVER, SHOULD MEMBERS DECIDE TO BE AN EXCEPTION THEY

SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND THEIR VOTE

WILL BE PROPERLY RECORDED.

THANK YOU, MR. SPEAKER.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MR. GOODELL TO

EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. WE HAVE A SYSTEM

OF MULTIPLE LEVELS OF ELECTED OFFICIALS WHO ARE ALL SELECTED BY THE VOTERS

WITHIN THEIR DISTRICT, AND THAT INCLUDES OUR SCHOOL BOARDS. AND I AM

DEEPLY THANKFUL AND APPRECIATIVE OF ALL THE TIME AND ENERGY THAT IS PUT

IN BY OUR ELECTED SCHOOL BOARD MEMBERS WHO ARE SELECTED BY MEMBERS

OF THE COMMUNITY. AND SO WHEN WE, AS A STATE, MOVE FORWARD TO PUT

IN A MONITOR WHO IS NOT ELECTED AND WHO HAS THE AUTHORITY TO OVERRIDE

THE DULY-ELECTED MEMBERS OF THE SCHOOL BOARD, WE NEED TO ACT IN A VERY

CIRCUMSCRIBED MANNER. IT NEEDS TO BE AS LIMITED AS NECESSARY TO REFLECT

THE CONSTITUTIONAL DEMOCRATIC PROCESS OF A SCHOOL BOARD. AND SO IN

UNUSUAL CIRCUMSTANCES, AS WE HAVE HERE, I SUPPORT THE CONCEPT OF A

NYS ASSEMBLY JUNE 10, 2021

MONITOR BECAUSE IT'S UNUSUAL AND THE PROBLEMS ARE SEVERE. BUT THE

LENGTH OF TIME THAT THE MONITOR IS IN PLACE AND THE AUTHORITY OF THE

MONITOR NEEDS TO BE CAREFULLY AND NARROWLY DESCRIBED, AND THIS BILL IS

TOO BROAD, IN MY OPINION.

AND FOR THAT REASON I AND MANY OF MY COLLEAGUES WILL

NOT BE SUPPORTING IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. FOR SIMILAR

REASONS, I WILL NOT BE ABLE TO SUPPORT THIS -- THIS BILL. LOCAL SCHOOL

DISTRICTS SHOULD HAVE PRIMARY PRESUMPTIVE CONTROL OVER THE RUNNING OF

THEIR SCHOOLS THROUGH THEIR DULY-ELECTED SCHOOL BOARDS. I THINK

EXCEPTIONS SHOULD BE RARE AND -- WHEN THE STATE STEPS IN TO APPOINT

MONITORS (INAUDIBLE) SHOULD BE FEW AND FAR BETWEEN. I'M CONCERNED

ABOUT THE UNPRECEDENTED EXPANSION OF STATE AUTHORITY WITH THE MONITOR

HAVING VETO POWER OVER SCHOOL BOARD DECISIONS AND FOR FOUR YEARS. I

THINK THAT POTENTIALLY SETS A DANGEROUS PRECEDENT, AND SO FOR THOSE

REASONS I WILL ALSO NOT BE ABLE TO SUPPORT THIS.

THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE.

MR. LAVINE: THANK YOU. I SUPPOSE THE REASON THAT

WE HAVE TO PROVIDE MORE POWER -- POWERS TO THE MONITOR OR MONITORS

IS THAT THEIR EFFORTS HAVE BEEN UTTERLY FRUSTRATED BY THE SCHOOL BOARD,

WHICH IS LESS CONCERNED -- SUBSTANTIALLY LESS CONCERNED WITH PUBLIC

NYS ASSEMBLY JUNE 10, 2021

EDUCATION THAN IT IS WITH PROVIDING BENEFITS TO PRIVATE EDUCATION. THIS

HAS BEEN GOING ON FOR A LONG TIME. AND IN A LOT OF WAYS, EAST RAMAPO

IS LIKE A CANARY IN A COAL MINE. THIS IS A VERY DANGEROUS SITUATION. WE

DO NOT STEP IN TO MEDDLE WITH THE DEMOCRATIC PROCESS. WE STEP IN

BECAUSE THE BOARD OF EDUCATION IS NOT FULFILLING ITS OBLIGATION TO THE

PUBLIC SCHOOL STUDENTS OF THE EAST RAMAPO SCHOOL DISTRICT. OUR

OBLIGATION, CONSTITUTIONALLY, IS TO PROVIDE FOR A GOOD PUBLIC EDUCATION

FOR ALL OF OUR CHILDREN IN OUR PUBLIC SCHOOLS. AND I THINK THE CONCEPT

OF PROVIDING MORE FINANCIAL ASSISTANCE TO THE PRIVATE SCHOOL SYSTEM IN

THE EAST RAMAPO AREA IS COUNTERPRODUCTIVE AND, IN EFFECT, WILL HELP TO

-- HELP TO UNDERMINE OUR EFFORTS TO PROVIDE A PUBLIC EDUCATION FOR OUR

CHILDREN.

I THINK THIS IS A GOOD BILL, AND I THINK THAT A MESSAGE

HAS TO BE SENT TO THE EAST RAMAPO BOARD OF EDUCATION. I'VE SEEN THIS

HAPPEN IN MY OWN LITTLE CITY OF GLEN COVE, BUT I DON'T WANT TO GO INTO

THAT RIGHT -- RIGHT NOW. BUT THIS IS DANGEROUS AND WE HAVE TO BE VERY,

VERY CAUTIOUS. I WILL BE SUPPORTING THIS, AND AS I CAST MY VOTE IN THE

AFFIRMATIVE I'M THINKING OF OUR FORMER COLLEAGUE ELLEN JAFFEE, WHO

FOUGHT SO PASSIONATELY FOR THE CHILDREN IN OUR PUBLIC SCHOOL SYSTEM IN

EAST RAMAPO AND THROUGHOUT THE STATE OF NEW YORK. MY VOTE IS IN

THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. BICHOTTE

HERMELYN TO EXPLAIN HER VOTE.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS BILL. I SUPPORT THIS BILL. I

NYS ASSEMBLY JUNE 10, 2021

JUST WANT TO SAY THAT WHEN I STARTED MY POSITION AS AN ASSEMBLYWOMAN

IN 2015 I WAS INTRODUCED TO THIS WHOLE NOTION OF US HAVING A MONITOR

BECAUSE THERE WERE SOME DETRIMENTAL THINGS THAT HAPPENED TO THE

PUBLIC SCHOOL DISTRICT OUT IN EAST RAMAPO. AND AS A RESULT OF THAT, I --

I, YOU KNOW, I WAS ATTACKED AND THERE WAS EVEN SOME DIVISION WITHIN

THE BROOKLYN COMMUNITY. BUT AFTER THE FACT, I THINK FOR YEARS FORMER

ASSEMBLYWOMAN ELLEN JAFFEE AND ZEBROWSKI AND MANY OF THE

CONSTITUENTS BOTH IN THE PRIVATE SECTOR -- PUBLIC SCHOOL SECTOR GOT

TOGETHER TO UNDERSTAND AND TALK ABOUT WHY IT WAS IMPORTANT TO HAVE A

MONITOR. AND FIVE YEARS AGO I SAID IT IS OUR FIDUCIARY RESPONSIBILITY TO

MAKE SURE THAT NO CHILD IS LEFT BEHIND. AND I STAND ON THAT -- THOSE

SAME PRINCIPLES. THIS WAS A SCHOOL DISTRICT WHERE STUDENTS USED TO GO

TO THE TOP SCHOOLS, AND AS A RESULT OF FUNDING THAT WAS STRIPPED AWAY

FROM THEM, 60 PERCENT RATE OF -- THE PERCENTAGE OF RATE OF -- OF

GRADUATION WENT DOWN TO 60 PERCENT. THAT WAS PROBLEMATIC.

SO I AM REALLY HAPPY FOR THIS BILL. I SUPPORT IT. IT IS

OUR FIDUCIARY RESPONSIBILITY TO MAKE SURE THAT EVERY CHILD IS INCLUDED IN

GETTING RESOURCES AND THE NECESSARY THINGS TO -- TO COMPETE IN OUR

WORLD. AND -- AND THIS IS FOR ALL CHILDREN. CHILDREN IN THE PRIVATE

SECTOR AS WELL AS CHILDREN IN THE PUBLIC SECTOR. BUT IT IS DEFINITELY OUR

FIDUCIARY RESPONSIBILITY. AND HAVING BEING IN LAW SCHOOL AND LEARNING

THE DIFFERENT CONSTITUTIONAL 14TH AMENDMENT ISSUES AROUND EDUCATION

HAS BEEN VERY ENLIGHTENING.

SO WITH THIS SAID, MR. SPEAKER, I VOTE IN THE

AFFIRMATIVE AND I ASK MY COLLEAGUES TO DO SO.

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER AUBRY: MS. BICHOTTE

HERMELYN IN THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MR. MONTESANO AND MR. SCHMITT IN THE AFFIRMATIVE IN

ADDITION TO THE VOTES ON THE FLOOR.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WE DO

HAVE A FEW EXCEPTIONS. OUR COLLEAGUES MS. ROZIC, MR. DANIEL

ROSENTHAL AND MR. EICHENSTEIN ARE IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 18, RULES REPORT NO. 557, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05339, RULES REPORT

NO. 557, PAULIN, GOTTFRIED, CAHILL, COOK, GALEF, GUNTHER, MAGNARELLI,

LUPARDO, DINOWITZ, BENEDETTO, ABINANTI. AN ACT TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO FUNDING EARLY INTERVENTION SERVICES; AND TO

REPEAL CERTAIN PROVISIONS OF THE PUBLIC HEALTH LAW AND THE INSURANCE

LAW RELATING THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

NYS ASSEMBLY JUNE 10, 2021

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

ADVANCED. AN EXPLANATION IS REQUESTED.

MS. PAULIN: YES, OF COURSE. THE BILL WOULD CREATE

A STATEWIDE POOL FROM WHICH COUNTIES AND THE STATE WOULD BE ALLOCATED

FUNDS TO PAY FOR EARLY INTERVENTION SERVICES.

ACTING SPEAKER AUBRY: MR. CAHILL.

MR. CAHILL: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR KINDLY YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU

YIELD?

MS. PAULIN: I WOULD BE HAPPY TO.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. CAHILL: THANK YOU, MS. PAULIN. THANK YOU,

MR. SPEAKER.

MS. PAULIN, IN SECTION 2 OF THE BILL, PAGE 2, LINE 4, YOU

REFER TO SECTION 2807-S OF THE PUBLIC HEALTH LAW. CAN YOU DESCRIBE

WHAT EXACTLY THAT IS AND WHAT IT DOES?

MS. PAULIN: I'M LOOKING FOR IT, SORRY. SECTION 2,

LINE 4. SO IT SAYS SUBDIVISION 6 OF SECTION -- IS THAT THE -- IS THAT THE

SENTENCE YOU'RE LOOKING AT?

MR. CAHILL: WELL, IT REFERS TO SECTION 2807-S.

MS. PAULIN: SO DO YOU -- I'M UNCLEAR WHAT YOU'RE

ASKING ME. ARE YOU ASKING ME WHAT WE'RE ADDING TO THAT SECTION

BECAUSE THAT'S WHAT --

MR. CAHILL: NO, I'M ASKING YOU WHAT THAT -- I'M

NYS ASSEMBLY JUNE 10, 2021

ASKING YOU WHAT THAT SECTION IS, WHAT IS 2807-S?

MS. PAULIN: I'M NOT SURE WHAT YOU'RE REFERRING TO.

I'M MEAN, IT'S -- SO MAYBE YOU -- CLEARLY, YOU KNOW THE ANSWER, MAYBE

YOU WANT TO ADDRESS AND TALK ABOUT IT.

MR. CAHILL: WELL, I'M NOT SURE THAT'S THE WAY THIS

WORKS, MS. PAULIN, BUT WE'LL TRY THAT. I BELIEVE IT REFERS TO THE COVERED

LIVES ASSESSMENT. WOULD YOU AGREE THAT YOUR LEGISLATION, WHICH

INDICATES SECTION 2807-S, REFERS TO THE COVERED LIVES ASSESSMENT?

MS. PAULIN: YES.

MR. CAHILL: OH, OKAY. I JUST WANTED TO MAKE

SURE. OKAY. AND WHAT EXACTLY IS THE COVERED LIVES ASSESSMENT?

MS. PAULIN: THE COVERED LIVES ASSESSMENT IS AN

ASSESSMENT ON THE INSURERS OR THE INSURED BY CREATING AN ASSESSMENT ON

THE INSURANCE COMPANIES TO FUND VARIOUS THINGS THAT WE, IN THE

LEGISLATURE AND THE GOVERNOR, AGREED TO IN THE BUDGET. FOR EXAMPLE,

THE MAIN ORIGINAL REASON WAS TO FUND GRADUATE MEDICAL EDUCATION, BUT

THAT FUND HAS GROWN TO REPRESENT OTHER THINGS, AS WELL.

MR. CAHILL: AND -- AND HOW EXACTLY DO WE

CALCULATE AND CHARGE THAT COVERED LIVES TAX?

MS. PAULIN: I'M SORRY, SAY THAT AGAIN, KEVIN, I --

MR. CAHILL: I SAID, HOW DO WE CALCULATE AND

CHARGE THAT COVERED LIVES TAX THAT -- THAT WE IMPOSE?

MS. PAULIN: WELL, WE -- IT'S LARGELY BASED, BELIEVE

IT OR NOT, ON THE AMOUNT OF GRADUATE MEDICAL EDUCATION IN A PARTICULAR

COMMUNITY, THAT'S WHY YOU SEE -- AND IT'S DONE BY REGION, WHICH IS WHY

NYS ASSEMBLY JUNE 10, 2021

YOU SEE AN ASSESSMENT THAT'S DIFFERENT IN DIFFERENT COUNTIES BECAUSE IT'S

RUN BY REGION, AND -- AND RELATED TO HOW MANY GRADUATE MEDICAL

EDUCATION PROGRAMS ARE IN THAT AREA.

MR. CAHILL: SO WHO -- WHO PAYS THIS ASSESSMENT?

MS. PAULIN: THE INDIVIDUALS WHO ARE INSURED.

MR. CAHILL: SO WE DO, THE PEOPLE OF NEW YORK

STATE WHO PAY INSURANCE PAY THAT CHARGE, CORRECT?

MS. PAULIN: YES, WE -- WE PAY THAT CHARGE. SO FOR

EXAMPLE, YOUR COUNTY AND MINE ARE IN THE SAME COMMUNITY, OR IN THE

SAME REGION, AND THAT ASSESSMENT IS $36.80 ANNUALLY.

MR. CAHILL: THIRTY-SIX DOLLARS AND 80 CENTS

ANNUALLY FOR EACH AND EVERY COVERED LIFE, CORRECT?

MS. PAULIN: RIGHT.

MR. CAHILL: SO IF I HAVE A FAMILY POLICY AND THERE

ARE FOUR OF US IN THE FAMILY, IT WOULD AMOUNT TO ABOUT $132-, $133 GIVE

OR TAKE?

MS. PAULIN: ACTUALLY, I -- I MISSPOKE, IT'S $35.44

AND THE -- AND THE FAMILY FOR FOUR WOULD BE $116.96.

MR. CAHILL: GOT IT. UNDERSTOOD. SO -- SO THE

COVERED LIVES ASSESSMENT IS REALLY A TAX THAT GETS PAID BY PEOPLE WHO

GET INSURANCE BECAUSE IT'S BUILT INTO THEIR PRICE OF INSURANCE AND THE

INSURANCE COMPANIES PASS THAT COST ONTO THE CONSUMERS WHO BUY

INSURANCE. IS -- IS THAT YOUR UNDERSTANDING OF HOW THE COVERED LIVES

ASSESSMENT IS GENERATED?

MS. PAULIN: YES.

NYS ASSEMBLY JUNE 10, 2021

MR. CAHILL: OKAY. SO IF WE INCREASE THAT FEE, IF

WE INCREASE THAT TAX, AREN'T WE INCREASING THE TAX ON PEOPLE WHO ARE

PAYING INSURANCE?

MS. PAULIN: YES, WE'RE INCREASING THE TAX BY UNDER

FOUR PERCENT, .038 PERCENT, AND IT RESULTS IN $1.36 PER COVERED LIFE, FOR

EXAMPLE, IN OUR -- IN OUR COUNTIES ANNUALLY.

MR. CAHILL: SO -- SO YOU ARE INCREASE -- YOUR BILL

WOULD INCREASE TAXES ON PEOPLE WHO ARE ALREADY STRUGGLING TO PAY FOR

HEALTH INSURANCE?

MS. PAULIN: BY $1.

MR. CAHILL: BY $1. BY $1 HERE, $1 THERE.

MS. PAULIN: A DOLLAR ANNUALLY.

MR. CAHILL: MS. PAULIN, ARE YOU AWARE OF HOW

MANY TAXES CONSUMERS PAY ON THEIR HEALTH INSURANCE RIGHT NOW? WHAT

THE IMPACT IS ON HEALTH INSURERS FOR THEIR TAXES WHEN -- WHEN THEY'RE

PAYING THEIR PREMIUM AND WHEN WE DETERMINE WHETHER HEALTH

INSURANCE IS AFFORDABLE? I'LL SAVE YOU SOME TIME, IT'S OVER $1,000 PER

PERSON. IT'S OVER $5 BILLION, WITH A B, A YEAR. AND YOU'RE TODAY, TO FIX

A DIFFERENT PROBLEM, HAVE DECIDED THAT THE MOST APPROPRIATE WAY TO DO

THAT IS TO ASSERT A TAX ON PEOPLE WHO GET HEALTH INSURANCE INSTEAD OF,

SAY, MILLIONAIRES, BILLIONAIRES, PEOPLE WHO, YOU KNOW, HAVE BIG GIANT

HOUSES AND PAY A LOT OF PROPERTY TAXES FOR THOSE BIG HOUSES. PEOPLE

WHO HAVE A LOT OF CAPITAL GAINS AND MAKE THAT. SO -- SO YOU WANT TO

SHIFT THE COST OF THIS PROGRAM FROM THEM TO PEOPLE WHO ARE PAYING

HEALTH INSURANCE. AM I CLEARLY UNDERSTANDING THE MATH INVOLVED HERE?

NYS ASSEMBLY JUNE 10, 2021

MS. PAULIN: WHAT WE'RE DOING IS WE'RE SHIFTING THE

BURDEN OFF THE PROPERTY TAX. LIKE, FOR EXAMPLE, IN MY COUNTY, 10

PERCENT OF THE PROPERTY TAX IS RELATED TO THE EXPENSES OF -- OF EARLY

INTERVENTION SERVICES, SO WE'RE SHIFTING IT FROM THE SENIOR WHO CAN'T

AFFORD TO STAY IN THEIR HOME AND CAN'T AFFORD TO PAY PROPERTY TAXES.

WE'RE SHIFTING IT FROM THE -- THE PERSON WHO JUST SUFFERED FROM THE

PANDEMIC AND LOST THEIR JOB AND CAN'T AFFORD TO PAY THEIR PROPERTY TAXES.

THAT'S THE SHIFT.

MR. CAHILL: OH. SO THE SHIFT IS FROM REAL PROPERTY

TAXPAYERS AND INCOME TAXPAYERS, TOO, IF I'M NOT MISTAKEN, TO HEALTH

INSURANCE RATEPAYERS. SO IF SOMEBODY HAS A HOME BUT THEY ALSO HAVE

HEALTH INSURANCE, YOU'RE PUTTING IT IN ONE POCKET, BUT YOU'RE TAKING IT

OUT OF THE OTHER POCKET TO PUT IT THERE, RIGHT?

MS. PAULIN: YES. WE HAD COLLECTIVELY, I THINK YOU

WERE PART OF THAT ORIGINAL GROUP IN 2002, MET TO DECIDE HOW WE WERE

GOING TO ADDRESS THIS ENTIRE BURDEN ON EARLY INTERVENTION AND THE FACT

THAT THE INSURANCE COMPANIES ARE NOT REALLY PAYING THEIR FAIR SHARE AND,

IN FACT, ONLY PAY 15 PERCENT OF THE CLAIMS THAT ARE SENT TO THEM BY THE

STATE AND THE COUNTIES. SO WE HAD MET AND DECIDED THAT THIS WAS A WAY

TO GET THE INSURANCE COMPANIES TO PAY THEIR FAIR SHARE.

MR. CAHILL: I UNDERSTAND THAT QUESTION, AND WE'LL

GET TO THAT IN A MOMENT, I JUST WANT TO REALLY MAKE SURE WE UNDERSTAND

WHAT YOU'RE DOING MATH-WISE HERE. YOU ARE TAKING SOMETHING THAT IS

CURRENTLY PAID FOR BY EVERYONE THROUGH GENERAL REVENUES IN THE STATE OF

NEW YORK AND THROUGH GENERAL REVENUES IN THE COUNTY, AND THAT MEANS

NYS ASSEMBLY JUNE 10, 2021

THE WEALTHIEST PAY FOR IT IN THE STATE, RICH PEOPLE, RICH PEOPLE PAY FOR IT

EVEN WHEN, YOU KNOW, NO MATTER HOW MUCH THEY'RE PAYING FOR HEALTH

INSURANCE, AND YOU'RE PUTTING IT ON WORKING PEOPLE WHO PAY FOR THEIR

HEALTH INSURANCE. AS LONG AS WE UNDERSTAND THAT'S WHAT YOU'RE DOING TO

SOLVE A PROBLEM, I'M OKAY WITH THAT.

MS. PAULIN: WE -- WE ARE --

MR. CAHILL: SO NOW -- NOW WE CAN MOVE ON -- IF

YOU DON'T MIND, WE CAN MOVE ON TO -- TO THE OTHER QUESTION THAT YOU'RE

RAISING. AND THE QUESTION THAT YOU'RE RAISING IS WHO'S PAYING FOR IT NOW

AND -- AND WHY ARE INSURANCE COMPANIES ONLY PAYING 12 TO 15 PERCENT

OF THE CLAIMS THAT ARE FILED. WHY DO INSURANCE COMPANIES PAY ANYTHING

FOR THIS PROGRAM?

MS. PAULIN: BECAUSE THEY'RE HEALTH-RELATED --

THEY'RE HEALTH-RELATED. FOR EXAMPLE, THE WAY -- I'M SURE YOU KNOW THIS

BUT, YOU KNOW, WHEN SOMEONE HAS A -- A CHILD ZERO TO THREE, THEY GO TO

THE COUNTY FOR AN ASSESSMENT OF WHETHER OR NOT THEY WOULD BE ELIGIBLE

FOR EARLY INTERVENTION SERVICES, AND -- AND AN IFSP IS DEVELOPED, AN

INDIVIDUAL FAMILY SERVICE PLAN IS DEVELOPED AND WITH THE HEALTH

DEPARTMENT, SO IT'S HEALTH-RELATED SERVICES, AND THAT'S AGREED TO. SO

THEY HAVE A SERVICE PLAN. AND THEN A PROVIDER PROVIDES THOSE SERVICES

AND NEEDS TO GET PAID. AND THEY GO TO THE INSURANCE COMPANY BECAUSE

THAT'S A HEALTH-RELATED SERVICE, AND THE INSURANCE COMPANIES UNLIKE, FOR

EXAMPLE, MEDICAID THAT PAYS 70 TO 80 PERCENT OF THOSE CLAIMS, ONLY

PAYS 15 PERCENT. AND IT'S BEEN A STRUGGLE FOR THE INSURANCE COMPANIES

TO ACKNOWLEDGE THAT THESE ARE HEALTH-RELATED CONCERNS THAT THEY HAVE TO

NYS ASSEMBLY JUNE 10, 2021

PAY FOR.

SO BECAUSE THEY HAVE NEVER PAID THEIR FAIR SHARE AFTER

ALL THESE YEARS, WE HAVE TO COME UP WITH A SCHEME THAT REQUIRES THEM

TO DO SO. NOW, $40 MILLION, WHICH IS WHAT WE HAVE IN HERE, DOES NOT

EVEN ACCOUNT FOR ALL OF THE CLAIMS THAT ARE SUBMITTED, IT'S ABOUT 76

MILLION CLAIMS THAT ARE SUBMITTED SO THIS WILL BE ABOUT HALF --

MR. CAHILL: MS. PAULIN, IF I COULD INTERRUPT YOU

FOR A MOMENT, MS. PAULIN, IF I CAN INTERRUPT YOU --

MS. PAULIN: SURE.

MR. CAHILL: -- BECAUSE I THINK THAT'S A VERY CRITICAL

POINT. YOU'VE BEEN USING THE TERM HEALTH-RELATED SERVICES

INTERCHANGEABLY WITH THINGS THAT ARE COVERED UNDER INSURANCE PLANS.

DO YOU BELIEVE THAT ALL HEALTH-RELATED SERVICES ARE COVERED BY

INSURANCE? EVERYTHING THAT'S HEALTH-RELATED IS COVERED BY INSURANCE,

BECAUSE THAT'S REALLY GOOD NEWS TO ME. THERE'S A LOT MORE I WANT TO --

MS. PAULIN: NO, OBVIOUSLY, WE WOULDN'T HAVE ALL

THE BILLS IN YOUR COMMITTEE THAT WE WANT TO MANDATE ADDITIONAL

SERVICES; HOWEVER, A LOT OF THE ISSUES OR THE -- THE RELATED SERVICES, JUST

SEEING THE CONTRAST BETWEEN MEDICAID AND PRIVATE, WE KNOW THAT

MEDICAID HAS BEEN PAYING 70 TO 80 PERCENT OF THE CLAIMS AND THE

PRIVATES ONLY 15. SO WE KNOW THERE'S A DISPARITY AND MEDICAID IS THE

SAME -- UNDER THE SAME RUBRIC AS THE PRIVATE IN TERMS OF WHAT THEY PAY.

MR. CAHILL: THANK YOU. THANK YOU, MS. PAULIN.

I DON'T WANT TO RUN OUT OF TIME BECAUSE I CERTAINLY HAVE MORE THAN 15

MINUTES OF QUESTIONS TO ASK YOU. SO -- SO I UNDERSTAND THAT MEDICAID

NYS ASSEMBLY JUNE 10, 2021

PAYS MORE AND WE CAN COME TO THAT IN A MOMENT, BUT LET'S TALK ABOUT

WHY AN INSURANCE COMPANY PAYS FOR SOMETHING. DOESN'T AN INSURANCE

COMPANY PAY FOR WHAT WE CALL NOT A HEALTH SERVICES OR HEALTH-RELATED

SERVICE, BUT A COVERED BENEFIT. IF IT IS IN YOUR CONTRACT, IT'S PAID FOR,

AND IF IT'S NOT IN YOUR CONTRACT IT'S NOT PAID FOR. ISN'T THAT WHAT HEALTH

INSURANCE DOES?

MS. PAULIN: YES. AND IF WE DIDN'T HAVE A LOT OF

DISPUTES ABOUT WHAT'S IN AND WHAT'S NOT, I WOULD ACKNOWLEDGE THAT IT

WAS ABSOLUTE. BUT THERE'S -- THERE ARE AN INCREDIBLE AMOUNT OF DISPUTES.

MR. CAHILL: I TOTALLY UNDERSTAND. I TOTALLY

UNDERSTAND, MS. PAULIN, AND WE'LL TALK ABOUT DISPUTES, TOO. BUT THE

FUNDAMENTAL ISSUE HERE IS THAT HEALTH INSURANCE COVERS COVERED

BENEFITS. AND IF YOU SUBMIT A CLAIM TO A HEALTH INSURANCE COMPANY

THAT IS NOT A COVERED BENEFIT, ARE YOU SUGGESTING THEY SHOULD PAY THAT

CLAIM?

MS. PAULIN: I AM SUGGESTING THAT THEY NEED TO BE

FAIR IN THEIR ASSESSMENT OF WHAT THOSE CLAIMS ARE.

MR. CAHILL: NO -- NO QUESTION. BUT ARE YOU

SUGGESTING THAT BECAUSE SOMETHING IS A HEALTH-RELATED SERVICE AND THAT

CLAIM IS SUBMITTED TO A HEALTH INSURANCE COMPANY WHETHER OR NOT IT IS A

COVERED BENEFIT IT SHOULD BE PAID? THAT'S MY QUESTION BECAUSE --

MS. PAULIN: A LOT OF THE -- YOU KNOW, A NUMBER OF

YEARS AGO I HAD DONE A BILL RELATED TO EARLY INTERVENTION WHICH REQUIRED

INSURANCE COMPANIES NOT TO DENY ON SOME OF THE TECHNICAL ISSUES. I

WOULD ARGUE THAT THEY ARE STILL DOING THAT; IN FACT, I KNOW FOR A FACT THAT

NYS ASSEMBLY JUNE 10, 2021

THAT'S WHAT PROVIDERS ARE CLAIMING, THAT THEY'RE NOT TIMELY, THAT IT'S NOT

HAPPENING ON A REGULAR BASIS. SO IN ADDITION TO ASSESSING WHETHER OR

NOT IT'S COVERED, INSURANCE COMPANIES ARE AVOIDING PAYING BASED ON

THINGS THAT HAVE NOTHING TO DO WITH THAT.

MR. CAHILL: THANK YOU, MS. PAULIN. I'M ABOUT TO

USE UP THE REST OF MY TIME AND I'D RATHER NOT USE IT WITH YOU

FILIBUSTERING THE QUESTIONS THAT I'M ASKING.

SO MR. SPEAKER, ON THE BILL.

ACTING SPEAKER PICHARDO: ON THE BILL, SIR.

MR. CAHILL: THANK YOU, SIR. LET'S BE CLEAR. WHAT

MS. PAULIN'S BILL PROPOSES TO DO IS TO TAKE SOMETHING THAT IS PAID FOR

WITH GENERAL REVENUE TODAY AND NOW PAY FOR IT WITH INSURANCE PREMIUM

MONEY. THAT IS TAKING IT FROM THE 19 MILLION PEOPLE IN THE STATE, THE

RICH, RICH PEOPLE IN THE STATE, MANY OF WHOM LIVE IN HER DISTRICT THAT

SHE REPRESENTS, ONE OF THE WEALTHIEST DISTRICTS IN THE COUNTRY, AND TAKING

THAT MONEY FROM PEOPLE IN THE POOREST DISTRICTS WHO ARE -- MAYBE JUST

RECENTLY GOT HEALTH INSURANCE AS PART OF THE COVERED LIVES ASSESSMENT.

NOW, THE FACT OF THE MATTER IS THE COVERED LIVES ASSESSMENT IS ADEQUATE

ALREADY TO COVER IT AND MS. PAULIN HAS ANOTHER BILL THAT WOULD DO THAT

WITHOUT RAISING THAT FEE, BUT SHE CHOSE INSTEAD TO RAISE THE FEE. IS IT

NECESSARY? NO. WHO DOES IT SERVE? WELL, IT CERTAINLY SERVES THE

ASSOCIATION OF COUNTIES, WHICH IS LOOKING FOR A WAY OUT OF THEIR COST --

THEIR COSTS ASSOCIATED WITH THIS MANDATE AND IT IS A JUST COST FOR THEM,

AND THAT SHE'S LOOKING FOR A WAY TO MAKE SURE THAT IT GETS PAID FOR IN A

WAY THAT RELIEVES THEM.

NYS ASSEMBLY JUNE 10, 2021

WHY ARE WE EVEN TALKING ABOUT THIS? WELL, BECAUSE

PROVIDERS ARE REQUIRED TODAY TO FILE CLAIMS. PROVIDERS. LOW-WAGE

PROVIDERS ARE REQUIRED TO FILE CLAIMS, AND WHEN THEY FILE CLAIMS THEY

DON'T ALWAYS KNOW WHAT THEY'RE DOING. THEY OFTEN FILE CLAIMS FOR

THINGS THAT AREN'T COVERED BENEFITS. THEY OFTEN FILE CLAIMS WRONG.

THEY OFTEN FILE CLAIMS LATE. AND IN THOSE INSTANCES, THEY GO THROUGH A

CLAIMS APPEALS PROCESS AND AT THE END, AN EXTERNAL REVIEW PROCESS, NOT

THE INSURANCE COMPANY DECIDES WHO PAYS, AND IT IS THE EXTERNAL REVIEW

PROCESS THAT HAS DECIDED THAT INSURANCE COMPANIES WILL PAY ONLY $15

MILLION INSTEAD OF $80 MILLION WORTH OF CLAIMS.

IT IS NOT THE INSURANCE COMPANIES. IT IS CLEAR THAT

SOME OF THOSE CLAIMS SHOULD'VE BEEN PAID IF THEY WERE TIMELY FILED AND

PROPERLY FILED. AND THAT'S WHY MS. PAULIN'S OTHER BILL PROVIDES FOR $20

MILLION, A 60 PERCENT INCREASE OVER WHAT IS BEING PAID TODAY. A 60

PERCENT INCREASE THAT WOULD COME OUT OF WHAT IS CALLED THE COLLAR, THE

SURPLUS IN THE -- THE COVERED LIVES ASSESSMENT, NOT ASSERTING A

BRAND-NEW TAX OF $40 MILLION ON RATEPAYERS IN NEW YORK STATE.

MR. SPEAKER AND MY COLLEAGUES, NO ONE HAS WORKED

HARDER TO GET THIS MONKEY OFF THE BACK OF THE PROVIDERS OF THE STATE OF

NEW YORK SO THAT KIDS CAN GET THE SERVICES THEY NEED AND THESE

PROVIDERS CAN PROVIDE THE SERVICES THEY NEED THAN I HAVE. I'VE WORKED

ON IT DILIGENTLY FOR 20 YEARS, AND THIS YEAR HELPED MS. PAULIN CRAFT A BILL

THAT WOULD DO SO, A BILL THAT EVEN THE INSURANCE COMPANIES AGREED THAT

THEY ARE RESPONSIBLE FOR. AND INSTEAD OF BRINGING THAT BILL FORWARD,

MS. PAULIN AND THIS BILL CHOOSE INSTEAD TO DO A MONEY GRAB ON BEHALF

NYS ASSEMBLY JUNE 10, 2021

OF THE COUNTIES AND THE WEALTHY TAXPAYERS WHO WERE NOT PUTTING A

SIGNIFICANT PORTION OF THEIR INCOME ASIDE FOR HEALTH INSURANCE LIKE YOU

AND I ARE AND LIKE OUR CONSTITUENTS ARE --

ACTING SPEAKER PICHARDO: MR. CAHILL,

UNFORTUNATELY YOUR TIME IS UP, BUT YOU ARE MOST CERTAINLY WELCOME TO

COME FOR A SECOND ROUND IF YOU NEED TO.

MR. CAHILL: WELL, I DON'T THINK I AM WELCOME TO

COME FOR A SECOND ROUND, MR. SPEAKER --

ACTING SPEAKER PICHARDO: NO SECOND

ROUNDS. MY APOLOGIZES.

MR. CAHILL: I WILL EXPLAIN MY VOTE. THANK YOU

VERY MUCH.

ACTING SPEAKER PICHARDO: NOT A PROBLEM.

MR. BYRNE.

MR. BYRNE: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER PICHARDO: MS. PAULIN, WILL

YOU YIELD?

MS. PAULIN: YES, THANK YOU, I WILL.

ACTING SPEAKER PICHARDO: THE SPONSOR

YIELDS.

MS. PAULIN: HAPPY TO YIELD.

MR. BYRNE: THANK YOU. I'M SORRY YOU GOT TO --

YOU GOT TO DEAL WITH THE KEVIN'S THIS AFTERNOON.

THANK YOU. I -- I DON'T WANT TO BE OVERLY REDUNDANT.

NYS ASSEMBLY JUNE 10, 2021

SOME OF THE QUESTIONS WERE ASKED ALREADY THAT I -- THAT I WANTED TO ASK,

AS WELL, BUT COVERED LIVES ASSESSMENT, WE -- YOU KNOW, WE REPORTED

THIS OUT OF COMMITTEE, THERE WASN'T A WHOLE LOT OF DISCUSSION, BUT I

THINK A LOT OF FOLKS DO NEED TO FULLY UNDERSTAND WHAT A COVERED LIVES

ASSESSMENT IS, HOW -- HOW THAT TAX IS PAID. SOME OF THE PREVIOUS

DISCUSSION WITH THE PREVIOUS SPEAKER ADDRESSED THAT. MY QUESTION IS,

HOW IS THAT ASSESSED ON THE VARIOUS INDIVIDUALS, AND WOULD YOU AGREE

THAT COMPARED TO OUR STATE'S INCOME TAX, AND EVEN PROPERTY TAXES,

WHICH NO ONE LIKES, BUT IT'S ASSESSED ON THE -- THE HOME VALUE, THAT A

COVERED LIVES ASSESSMENT IS MORE REGRESSIVE?

MS. PAULIN: SO THE -- THE STATE HAS A POOL OF

MONEY THAT IS $1.45 BILLION USED FOR A VARIETY OF THINGS THAT WE OUTLINE

OURSELVES, RIGHT? AND THEN IT'S ASSESSED -- THAT THEN AN ASSESSMENT IS

MADE TO RAISE THAT AMOUNT OF MONEY ON THE INSURANCE COMPANIES. THAT

-- HOW THE INSURANCE COMPANIES DECIDE TO APPORTION THAT TO

INDIVIDUALS, I'VE LEARNED AS OF YESTERDAY FROM THE DEPARTMENT OF

INSURANCE AND DEPARTMENT OF HEALTH AND DOB THAT THAT'S UP TO THE

INSURANCE COMPANIES. MOST OF THEM LIKE TO HAVE A STANDARD AMOUNT,

BECAUSE SOMETIMES, YOU KNOW, THERE'S A -- A REFUND. VERY

OCCASIONALLY, ACTUALLY ONLY TWICE IN THE HISTORY OF THE LAST TEN YEARS

HAVE THERE BEEN ANY TYPE OF COLLAR OR SURPLUS GIVEN BACK TO THE

INSURANCE COMPANIES, BUT THAT'S -- THAT'S ESSENTIALLY HOW IT'S -- IT'S

CONFIGURED.

MR. BYRNE: SO -- SO I -- I THINK BASED ON THE

PREVIOUS DISCUSSION FROM MY UNDERSTANDING, I THINK IN ACTUALITY IT DOES

NYS ASSEMBLY JUNE 10, 2021

BECOME MORE REGRESSIVE WHERE IT WOULD DISPROPORTIONATELY PROBABLY

AFFECT FOLKS WHO MAY BE STRUGGLING TO PAY PREMIUMS, AND WHILE I

UNDERSTAND AND RESPECT YOU -- YOU -- YOU'VE CONTINUED TO SAY THAT THIS

BE PAID BY HEALTH INSURANCE COMPANIES AND I THINK WHEN WE TALK ABOUT

THAT, WE GET THIS VISION THAT THESE -- THESE CORPORATE GROUPS ARE GOING TO

BE PAYING ALL THIS, BUT THE REAL DIRECT EFFECT IS ON THEIR CUSTOMERS WHO

ARE PAYING INCREASED PREMIUMS. AND AS WAS NOTED BEFORE, I THINK YOU

JUST SAID ABOUT $1.5 BILLION IS COLLECTED THROUGH THOSE COMPANIES, BUT

THAT ALSO AFFECTS THEIR -- THOSE HEALTH INSURANCE PREMIUMS PAID BY NEW

YORKERS.

MS. PAULIN: SO THE NEW YORKERS, I MEAN, WE HAVE

AN EMPLOYER-BASED INSURANCE SYSTEM --

MR. BYRNE: MM-HMM.

MS. PAULIN: -- AND SO MOST PRIVATE INSURANCE IS

PAID THROUGH THAT MECHANISM. SO INDIVIDUALS ARE GETTING A BENEFIT

THROUGH THEIR EMPLOYER, SO YOU MIGHT WANT TO -- YOU KNOW, YOU MIGHT

LOOK AT IT THAT, YOU KNOW, EMPLOYERS, BUSINESSES, ARE YES, ARE PAYING

THAT BUT I WOULD ARGUE THAT INDIVIDUALS ARE PAYING ALMOST -- YOU KNOW,

THEY'RE PAY -- THERE -- THERE -- THERE MAY BE -- I DON'T KNOW IF IT'S

AFFECTING THEIR SALARIES OR WHATEVER, BUT THE -- THE EMPLOYERS ARE

ACTUALLY PAYING THE AMOUNT OF MONEY AND THIS BILL ONLY REQUIRES, IN

SOME REGIONS IT'S LESS THAN $1 INCREASE OVER AN ANNUAL YEAR.

MR. BYRNE: WELL, I -- YOU KNOW, I --

MS. PAULIN: IF YOU TOLD THOSE PEOPLE THAT AT THE

SAME TIME THAT THEIR PROPERTY TAXES, SOMETHING THAT THEY DO PAY

NYS ASSEMBLY JUNE 10, 2021

INDIVIDUALLY, IS GOING TO GO DOWN AS A RESULT, I THINK THAT MANY PEOPLE,

MOST PEOPLE WOULD TAKE THAT TRADE.

MR. BYRNE: WELL, I -- I THIS -- SO ACTUALLY TALKING

ABOUT THAT, THE PROPERTY TAXES, THE COUNTY, WHAT THEY'RE PAYING RIGHT

NOW COMPARED TO WHAT YOU'RE PROPOSING, YOU KNOW, YOU LOOK AT THE --

THE BILL, AND WE'RE TALKING ABOUT EARLY INTERVENTION SERVICES, A LOT OF

FOLKS THINK, OH GREAT, I'M VOTING FOR EXPANSION OF THE EARLY

INTERVENTION SERVICES, THAT'S NOT WHAT WE'RE REALLY DOING, WE'RE SHIFTING

THOSE DOLLARS NOW TO -- TO THIS -- THIS ASSESSMENT. IS THAT -- WOULD YOU

AGREE WITH THAT?

MS. PAULIN: WE ARE SHIFTING ABOUT $28 MILLION TO

AN ASSESSMENT. THE INSURANCE COMPANIES CURRENTLY PAY ABOUT $12-

CURRENTLY.

MR. BYRNE: MM-HMM. NOW I'M GLAD YOU

MENTIONED THE EMPLOYERS AS FAR AS PLANS, BECAUSE RECENTLY I GOT AN

OPPOSITION MEMO FROM A LARGE LIST OF GROUPS CITED, THE BUSINESS

COUNCIL OF NEW YORK STATE, THE BUSINESS COUNCIL OF WESTCHESTER, THE

NFIB, UPSTATE UNITED, I'M NOT EVEN SURE WHO THAT IS, THAT EXPRESSED

CONCERNS ABOUT THIS LEGISLATION AND THAT THE COVERED LIVES ASSESSMENT IS

ONE OF SEVERAL HEALTH INSURANCE TAXES. IT WAS MENTIONED IN YOUR

PREVIOUS DISCUSSION WITH OUR COLLEAGUE, ALL THE HIDDEN TAXES, WHETHER

IT'S HCRA, THEY ACCOUNT FOR CLOSE TO $5 BILLION AND I KNOW WE'VE --

I'VE READ DIFFERENT REPORTS IN THE PAST THAT IT CAN BE ATTRIBUTED TO

PREMIUMS BEING INCREASED ANYWHERE FROM 7 TO 12 PERCENT IN THESE

TAXES, AND PEOPLE DON'T SEE THEM. SO I FEEL LIKE WHEN WE VOTE FOR THESE

NYS ASSEMBLY JUNE 10, 2021

THINGS, IT'S EASY TO VOTE FOR A TAX INCREASE WHEN PEOPLE DON'T SEE IT, YOU

KNOW, OUTLINED THAT WE VOTED FOR A TAX INCREASE. BUT I THINK IN

ACTUALITY FOR SOME PEOPLE THAT IS WHAT IT IS GOING TO BECOME. I MEAN,

CAN YOU --

MS. PAULIN: IT'S -- IT'S GOING TO BE THAT FOR AN

INDIVIDUAL THAT PAYS FOR THEIR OWN INSURANCE BUT, AS I SAID, MOST PEOPLE

DO NOT, YOU KNOW, AND -- SO THE EMPLOYERS WILL HAVE TO, WHICH IS WHY

SOME OF THOSE GROUPS THAT YOU MENTIONED ARE -- REPRESENT THE

BUSINESSES AND THE EMPLOYERS. BUT WE'RE TALKING ABOUT SO LITTLE MONEY

TO BENEFIT THE PROPERTY TAXPAYERS THAT -- AND I KNOW THAT THAT'S REALLY,

YOU KNOW, WHAT WE HEAR ABOUT AS ELECTED OFFICIALS, YOU KNOW, THE

BURDEN OF PROPERTY TAXES IN OUR VARIOUS COUNTIES. AND THAT'S WHAT WE

ALSO WANT TO ENSURE -- ONE OF THE THINGS WE DIDN'T TALK ABOUT IS WHAT

DOES THIS DO FOR THE PROVIDERS. IT ENSURES THAT WE'LL HAVE THEM BECAUSE

CURRENTLY A LOT OF THEM ARE PUT OUT OF BUSINESS BECAUSE OF THE LAG THAT IT

TAKES TO GET THE ANSWER FROM THE INSURANCE COMPANY. WHEN THEY DON'T

GET THE ANSWER FROM THE INSURANCE COMPANY, WHICH CAN TAKE WEEKS AND

MONTHS, THEY DON'T GET PAID FROM -- FROM THE STATE FISCAL AGENT. SO --

SO THIS WILL TAKE THAT OUT OF THE -- OF THE FORMULA AND WE WILL THEN HAVE

MORE PROVIDERS, ESPECIALLY IN RURAL AREAS WHERE WE HAVE SO FEW TO

BEGIN WITH, OF EARLY INTERVENTION PROVIDERS.

MR. BYRNE: YEAH, I --

MS. PAULIN: SO THIS BILL WILL ACCOMPLISH A LOT OF

THAT.

MR. BYRNE: THANK -- THANK YOU, MS. PAULIN. JUST

NYS ASSEMBLY JUNE 10, 2021

TO CIRCLE BACK A LITTLE BIT AGAIN, THE $40 MILLION, I THINK YOU KIND OF

OUTLINED ALREADY HOW YOU CAME TO THAT NUMBER, 50 PERCENT OF THOSE

CLAIMS, BUT THAT'S REGARDLESS IF THEY WERE DEEMED MEDICAL OR

NON-MEDICAL SERVICES. IS THAT CORRECT, THAT'S JUST A --

MS. PAULIN: I -- I THINK WHAT WE'RE --

MR. BYRNE: -- 50 PERCENT OF THE OVERALL CLAIMS?

MS. PAULIN: FIFTY PERCENT OF THE -- ROUGHLY 50

PERCENT OF THE OVERALL CLAIMS THAT ARE CURRENTLY CLAIMED, RIGHT, BECAUSE

CLAIMS GO UP EVERY YEAR, THERE'S MORE PEOPLE, MORE -- MORE POPULOUS.

SO -- SO YES, 50 PERCENT, RECOGNIZING THAT MEDICAID NOW PAYS 70 TO 80

PERCENT. SO IF YOU HAPPEN TO BE A RECIPIENT OF MEDICAID AS OPPOSED TO

A PRIVATE INSURER, THERE -- YOU'RE -- YOU'RE GETTING MUCH MORE BANG FOR

YOUR BUCK IN TERMS OF YOUR -- OF THE -- OF THE WAY THAT INSURANCE IS

PROVIDED TO YOU.

MR. BYRNE: THANK -- THANK YOU, MS PAULIN.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER PICHARDO: ON THE BILL.

MR. BYRNE: I WANT TO THANK THE SPONSOR FOR

ANSWERING MY QUESTIONS. I THINK, YOU KNOW, HER HEART'S DEFINITELY IN

THE RIGHT PLACE. IT SOUNDS LIKE SHE HAS ANOTHER PROPOSAL THAT IT WOULD

BE MUCH EASIER FOR SOME OF -- OF OUR COLLEAGUES, INCLUDING MYSELF, TO

GET BEHIND AND SUPPORT WITHOUT ACTUALLY INCREASING THAT TAX ON THOSE

WHO ARE PAYING FOR HEALTH INSURANCE BENEFITS. AGAIN, I NOTED SOME OF

THE ORGANIZATIONS THAT HAVE EXPRESSED OPPOSITION TO THIS, INCLUDING

FROM THE BUSINESS COMMUNITY AND I WOULD JUST SAY AGAIN, YOU KNOW,

NYS ASSEMBLY JUNE 10, 2021

NEW YORK STATE IS TRADITIONALLY RANKED AS ONE THE LEAST

BUSINESS-FRIENDLY STATES IN THE NATION. I THINK WE WENT UP MAYBE ONE

POINT WHERE WE WERE 49TH A YEAR AGO, MAYBE WE'RE 48TH. EITHER WAY,

WE'RE RANKED REALLY, REALLY POORLY AND WE NEED TO DO BETTER.

REALLY IN THE END, I THINK THIS SHIFTS COSTS TO INDIVIDUAL

CUSTOMERS, FAMILIES, PEOPLE THAT HAVE UNION BENEFIT PLANS, SMALL

BUSINESSES, LARGE EMPLOYERS, WITH A HUGE HIDDEN TAX ON THE COST OF

HEALTH COVERAGE. I UNDERSTAND COUNTY GOVERNMENTS ARE PROBABLY GOING

TO LIKE IT BECAUSE SOMEBODY ELSE IS GOING TO START FOOTING THE BILL FOR

SOMETHING THAT THEY'VE BEEN PAYING RIGHT NOW, AND I CAN UNDERSTAND

THAT. I THINK THERE'S A BETTER WAY, SO I WILL BE VOTING IN THE NEGATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER PICHARDO: THANK YOU.

MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER PICHARDO: ON THE BILL, SIR.

MR. ABINANTI: YOU HEARD FROM THE INSURANCE

INDUSTRY POINT OF VIEW. YOU HEARD FROM THE CHAIR OF THE INSURANCE

COMMITTEE. NOW LET'S TALK ABOUT IT FROM THE POINT OF VIEW OF THE KIDS.

LET'S TALK ABOUT IT AS THE CHAIR OF THE COMMITTEE ON PEOPLE WITH

DISABILITIES. GOVERNOR MARIO CUOMO ESTABLISHED A SYSTEM IN NEW

YORK WHICH WAS A MODEL FOR THE COMPANY -- FOR THE COUNTRY. HE

REALIZED THAT BABIES WHO HAD DISABILITIES COULD BE HELPED IN A WAY THAT

WOULD LAST THEIR ENTIRE LIVES. HE REALIZED WE NEEDED A SYSTEM OF EARLY

NYS ASSEMBLY JUNE 10, 2021

INTERVENTION. WE HAD TO INTERVENE IN THESE LITTLE LIVES AS SOON AS

POSSIBLE, GIVE THEM PHYSICAL THERAPY, OCCUPATIONAL THERAPY, ALL KINDS OF

OTHER THERAPIES AND IF YOU DID IT SOON ENOUGH AND IF YOU DID IT RIGHT,

THOSE KIDS MIGHT ACTUALLY OVERCOME THEIR DISABILITIES AND NOT NEED

SERVICES FOR THE REST OF THEIR LIVES. ANY DELAY, EVEN OF A FEW WEEKS FOR

A BABY THAT IS SIX MONTHS OLD, IS A LARGE PART OF THEIR LIFE. HE REALIZED

WE NEEDED TO DO THIS AND WE SHOULDN'T HAGGLE OVER HOW MUCH IT WAS

GOING TO COST BECAUSE IN THE END, IT WAS FAR CHEAPER TO THOSE KIDS AND TO

OUR SOCIETY.

UNFORTUNATELY, THE PRESENT GOVERNOR CUOMO CHANGED

THE SYSTEM AND HE SHIFTED THE BURDEN OF PAYING FOR IT AND COLLECTING THE

PAYMENT FOR IT TO A DIFFERENT SYSTEM. AND HE PUT THE BURDEN OF

COLLECTING INSURANCE PROCEEDS ON PROVIDERS. PROVIDERS, NOW WE THINK

SOMETIMES OF THE PROVIDERS AS BIG ENTITIES TO RIVAL THE INSURANCE

COMPANIES. I WALKED INTO A ROOM SEVERAL YEARS AGO BEFORE WE CHANGED

THE SYSTEM. THERE WERE 45 PROVIDERS IN THE ROOM. FORTY THREE OF THEM

WOMEN IN WOMEN-OWNED BUSINESSES. THEY WERE OCCUPATIONAL

THERAPISTS, PHYSICAL THERAPISTS, FEEDING SPECIALISTS, AND HE TOLD THEM

THAT IN ADDITION TO THE MINIMAL AMOUNT OF MONEY THEY GOT PAID FOR THEIR

SERVICES, THEY WERE GOING TO HAVE TO NOW SET UP AN ADMINISTRATIVE

BUREAUCRACY TO COLLECT MONIES DIRECTLY FROM THE INSURANCE COMPANY

BEFORE THEY COULD SUBMIT THEIR BILLS TO THE STATE AND TO THE COUNTIES TO

GET PAID THE REST OF THEIR BILL. NOW WE'VE CONVERTED THESE LITTLE

BUSINESSES INTO COLLECTION AGENCIES. AND IF I WERE TO WALK INTO THAT

ROOM TODAY, THERE WOULDN'T BE 45 WOMEN. THERE'D BE A HANDFUL

NYS ASSEMBLY JUNE 10, 2021

BECAUSE THEY ALL FOUND THEY COULDN'T DO IT, THEY WERE OWED HUNDREDS OF

THOUSANDS OF DOLLARS AFTER THE FIRST YEAR, AND THEY FLED TO OTHER FIELDS.

THEY COULD GET PAID PROVIDING THE SAME SERVICES IN NURSING HOMES, IN

HOSPITALS AND IN SCHOOLS. AND THE END RESULT IS WE HAVE WAITING LISTS.

THE CITY OF NEW YORK, NEVER BEFORE DID WE HAVE WAITING LISTS. NOW

THEY HAVE A WAITING LIST AND THE SHADOW WAITING LIST. BECAUSE THE CITY

OF NEW YORK DECIDES THAT SOMEBODY GETS MOVED OFF THE WAITING LIST AS

SOON AS THEY GET THE FIRST SERVICE. SO IF THE INFANT NEEDS THREE OR FOUR

SERVICES, ONCE THEY GET THE FIRST ONE THEY'RE NOW DEEMED TO HAVE BEEN

OFF THE LIST. SO WE HAVE AN AWFUL LOT OF LITTLE KIDS, BABIES, WHO ARE NOT

RECEIVING THE SERVICES THEY'RE SUPPOSED TO GET.

WHY? BECAUSE THE PROVIDERS HAVE LEFT THE FIELD. WHY

HAVE THE PROVIDERS LEFT THE FIELD? BECAUSE THEY ARE SUPPOSED TO BE

COLLECTING FROM INSURANCE COMPANIES. ANY OF YOU DEAL WITH INSURANCE

COMPANIES, YOU GET THAT LITTLE THING IN THE MAILED CALLED THE DOB, YOU

KNOW, IT'S -- IT'S A -- IT'S AN EOB RATHER, EOB, TELLING YOU IN SOME KIND

OF STRANGE FOREIGN LANGUAGE WHY THEY'RE NOT PAYING THE FULL BILL.

IMAGINE BEING A PROVIDER THAT HAS TO DEAL WITH THOUSANDS OF THESE AND

FIGURE OUT WHICH ONES THEY SHOULD CONTEST AND WHICH ONES THEY

SHOULDN'T. THAT'S WHAT THEY'RE FACING. THAT'S WHAT THEY'RE FACING. THIS

BILL IS SAYING LET'S GET RID OF THIS NONSENSE. LET'S JUST ASSESS THE

INSURANCE COMPANIES AN APPROPRIATE AMOUNT. LET THEM TAKE INTO THE

SYSTEM. THEY DON'T NEED THE PAPERWORK AND CERTAINLY THE PROVIDERS

DON'T NEED THE PAPERWORK. NOW -- SO WE SEE INSURANCE COMPANIES

ACTUALLY FORCING PROVIDERS OUT.

NYS ASSEMBLY JUNE 10, 2021

NOW LET'S TAKE A LOOK AT THIS FROM ANOTHER POINT OF

VIEW. THERE'S BEEN SOME SUGGESTION THAT THESE ARE NOT THE APPROPRIATE

SERVICES. WELL, WHAT ABOUT THE PARENTS WHO ARE PAYING FOR INSURANCE?

THEY SEE THEIR INSURANCE DOLLAR AND A LARGE PERCENTAGE OF IT GOING TO

PAY FOR END OF LIFE SERVICES. THEY'RE NOT SAYING WE SHOULDN'T BE PAYING

FOR THEIR PARENTS OR THEIR GRANDPARENTS OR OTHER PEOPLE'S GRANDPARENTS

WHEN THEY HAVE CANCER, WHEN THEY'RE IN LONG-TERM CARE, WHATEVER. ALL

THEY'RE SAYING IS GIVE US A LITTLE PIECE OF THAT FOR THE BEGINNING OF LIFE.

LET'S NOT SPEND ALL OF IT AT THE END OF LIFE. LET'S TAKE A LITTLE PIECE OF

THAT AND MAYBE HELP SOME OF THESE KIDS OVERCOME THEIR DISABILITY SO

THEY CAN LEAD A LIFE LIKE THE REST OF US. FORTY MILLION DOLLARS IS

ABSOLUTELY NOTHING IN THE BIG SCHEME OF THINGS. WE COULD BE TALKING A

HUGE AMOUNT, MORE INSURANCE COMPANIES MAKE MORE MONEY THAN EVER.

YOU KNOW, I FIND IT VERY INTERESTING. THOSE PEOPLE WHO ARE SAYING WE

SHOULD NOT HAVE GOVERNMENT HEALTH CARE, WE SHOULD USE THE PRESENT

SYSTEM, WE SHOULD BE USING INSURANCE COMPANIES. WELL, WE'RE TRYING

TO USE INSURANCE COMPANIES NOW WE GET PUSH BACK. OH, WE CAN'T USE

THE INSURANCE COMPANIES BECAUSE THESE THINGS ARE NOT CONSIDERED

BENEFITS. IF IT WERE UP TO THE INSURANCE COMPANIES, NOTHING WOULD BE

CONSIDERED BENEFITS.

ONE OF THE FIRST THINGS THIS LEGISLATURE DID WHEN I GOT

HERE WAS TO CHANGE THE INSURANCE LAW TO MANDATE THAT INSURANCE

COMPANIES NOT EXCLUDE SERVICES THAT THEY PROVIDE EVERYBODY ELSE

BECAUSE THE PERSON HAD AUTISM. INSURANCE COMPANY POLICY ALWAYS

WAS, YES, IT'S THE SAME SERVICE WE GIVE EVERYBODY ELSE, BUT YOU'VE GOT

NYS ASSEMBLY JUNE 10, 2021

AUTISM SO, THEREFORE, YOU CAN'T GET IT. THAT JUST GIVES YOU AN EXAMPLE

OF WHAT THE PROVIDERS ARE UP AGAINST WHEN THEY ARE TRYING TO GET

SERVICES THAT THE INSURANCE COMPANY SAYS, WELL, THOSE ARE BEHAVIORAL,

THOSE ARE NOT HEALTH CARE. WHATEVER HAPPENED TO THE CONCEPT OF -- OF

PARITY THAT THIS LEGISLATURE STANDS FOR?

SO WHAT THIS BILL IS DOING IS TELLING THOSE PARENTS WHO

OUT-OF-POCKET PAY FOR INSURANCE, THEY'RE PAYING FOR SOMETHING THAT'S

GOING TO BENEFIT THEM AND THEIR KIDS, AND IT'S GOING TO IMPACT THOSE

KIDS FOREVER. YOU KNOW, INSURANCE IS A WAY, LIKE TAXES, OF SPREADING

THE BURDEN. THIS IS NOT ABOUT ADDING $1 A YEAR TO THE POCKETS -- TO

TAKING ANOTHER $1 A YEAR OUT OF THE POCKETS OF POOR PEOPLE. THIS IS A

SYSTEM THAT WE HAVE WHERE WE ALL SHARE THE BURDEN, JUST LIKE IN

GOVERNMENT, WE SHARE THE BURDEN BY ASSESSING TAXES ON THOSE WHO

HAVE AND GIVING SERVICES TO THOSE WHO DON'T. INSURANCE IS SUPPOSED TO

BE THOSE WHO CAN AFFORD IT PAY FOR IT AND THOSE WHO NEED IT GET THE

SERVICES.

FINALLY, MR. -- MR. SPEAKER, I WANT TO LOOK AT THIS

FROM THE POINT OF VIEW OF OTHER TAXPAYERS. FOR EVERY ONE OF THESE

CHILDREN THAT WE HELP, WE ARE SAVING MILLIONS AND MILLIONS OF DOLLARS.

THERE ARE SOME ASSESSMENTS OUT THERE THAT SAY IT COSTS OVER A $1

MILLION FOR THE -- FOR THE LIFE OF AN ADULT WITH A DISABILITY. SO WE'RE

TALKING HERE ABOUT $40 MILLION TO HELP HUNDREDS OF THOUSANDS OF KIDS

OVER THE YEARS. JUST THINK IN TERMS OF THE MONEY WE'RE SAVING THE

TAXPAYERS OF THE STATE OF NEW YORK WHO MUST PAY INTO MEDICAID, MUST

PAY FOR THE SERVICES OF KIDS AND ADULTS IN GROUP HOMES, AND ALL OF THE

NYS ASSEMBLY JUNE 10, 2021

OTHER SERVICES THAT ARE NEEDED. SO IF YOU WANT TO BE JUST CRASS ABOUT

THIS AND JUST BALANCE THE MONIES, IT'S FAR CHEAPER TO DO WHAT'S BEING

PROPOSED HERE THAN TO LEAVE THE BURDEN ON THE TAXPAYERS.

SO I WANT TO COMMEND THE SPONSOR OF THIS BILL AND I

WANT URGE MY COLLEAGUES TO PASS THIS LEGISLATION. THIS IS A GOOD PUBLIC

POLICY. IT'S GOING TO HELP KIDS, IT'S GOING TO HELP KIDS, AND IT'S GOING TO

HELP SMALL BUSINESSES WHO WILL NO LONGER HAVE TO FIGHT WITH INSURANCE

COMPANIES TO GET PAID, AND IT'S GOING TO MAKE OUR COMMUNITY AND OUR

STATE A BETTER PLACE. I VOTE IN THE AFFIRMATIVE AND I HOPE MY COLLEAGUES

WILL, TOO. THANK YOU, MR. SPEAKER.

ACTING SPEAKER PICHARDO: THANK YOU.

MR. GOTTFRIED.

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

AN ENORMOUSLY IMPORTANT BILL.

ACTING SPEAKER PICHARDO: ON THE BILL.

MR. GOTTFRIED: AND I WANT TO GIVE YOU A LITTLE

HISTORY. WHEN THE EARLY INTERVENTION PROGRAM WAS CREATED BACK IN THE

EARLY, MID-'90S, A DECISION WAS MADE, AND I THINK IT WAS A SENSIBLE

DECISION, THAT THESE SERVICES FOR KIDS AT -- ESSENTIALLY UNDER THREE,

WHICH IS WHAT'S COVERED BY EARLY INTERVENTION, ARE ESSENTIALLY HEALTH

CARE. THAT'S WHY WE PUT EARLY INTERVENTION UNDER THE JURISDICTION OF

THE HEALTH DEPARTMENT, AND THAT'S WHY WE DECIDED THAT FOR PEOPLE ON

MEDICAID, WHICH COVERS HEALTH CARE, MEDICAID WOULD COVER EARLY

INTERVENTION FOR THOSE FAMILIES. EARLY INTERVENTION IS HEALTH CARE. BUT

INSURANCE COMPANIES HAVE, FROM THE START, REFUSED TO PAY FOR THIS

NYS ASSEMBLY JUNE 10, 2021

PARTICULAR KIND OF HEALTH CARE, AND ALMOST NEVER DO. THEY FIND ALL SORTS

OF ARGUMENTS FOR WHY THIS CLAIM OR THAT CLAIM WON'T BE -- WON'T BE

COVERED. YES, THIS SERVICE WAS COVERED BY THE CHILD'S IEP, BUT OUR

INSURANCE COMPANY DIDN'T GIVE PRIOR AUTHORIZATION. OR, YES, THE

PROVIDERS ARE LICENSED AND RECOGNIZED BY THE STATE TO PROVIDE THIS

SERVICE BUT, OH MY GOODNESS, THEY'RE NOT IN OUR NETWORK. THAT'S -- THAT

AND A BUNCH OF OTHER REASONS ARE WHY HEALTH INSURANCE COMPANIES HAVE

CONSISTENTLY BEEN ABLE TO AVOID PAYING FOR THIS PARTICULAR BRAND OF

HEALTH CARE.

NOW, YOU MIGHT SAY, WELL, WHY DON'T WE JUST PASS A

BILL THAT ORDERS THEM TO PAY FOR EARLY INTERVENTION SERVICES? WELL, THE

PROBLEM WITH THAT IS THAT 60 PERCENT OF PRIVATE HEALTH COVERAGE IN NEW

YORK IS NOT ACTUALLY DELIVERED BY HEALTH INSURANCE -- IS NOT PAID FOR BY

HEALTH INSURANCE, IT'S PAID FOR BY SOMETHING CALLED EMPLOYMENT

SPONSORED SELF-INSURED PLANS. AND WITHOUT GOING INTO A WHOLE LOT OF

RIGAMAROLE, THOSE PLANS UNDER A FEDERAL LAW CALLED ERISA, ARE EXEMPT

FROM NEW YORK STATE REGULATION. SO FOR THE VAST MAJORITY OF FAMILIES

THAT HAVE HEALTH COVERAGE THROUGH THE PRIVATE SECTOR, NEW YORK CANNOT

MAKE THEIR HEALTH PLAN PAY FOR EARLY INTERVENTION OR ANYTHING ELSE, BY

THE WAY.

THAT BRINGS US TO THE COVERED LIVES ASSESSMENT. THE

COVERED -- THIS BILL ESSENTIALLY WOULD MAKE A TRADE WITH THE INSURANCE

INDUSTRY. WE WOULD TELL THEM, FORGET ABOUT PAYING CLAIMS FOR EARLY

INTERVENTION, FORGET ABOUT WASTING YOUR -- YOUR STOCKHOLDERS MONEY

FIGHTING AGAINST THESE CLAIMS, WE'RE GOING TO TAKE ALL OF THESE CLAIMS

NYS ASSEMBLY JUNE 10, 2021

OUT OF YOUR SCOPE. YOU WILL NEVER AGAIN HAVE TO PAY THEM. INSTEAD, WE

WILL TAKE $40 MILLION, WHICH IS ROUGHLY WHAT THEY OUGHT TO BE PAYING

FOR EARLY INTERVENTION, WE'LL JUST TAKE THAT FROM THIS FUND CALLED THE

COVERED LIVES ASSESSMENT. DON'T PAY CLAIMS, WE'LL JUST TAKE THE MONEY.

THANK YOU VERY MUCH, GO LIVE AND BE WELL. ONE (INAUDIBLE/MIC CUT

OUT) ABOUT THE COVERED LIVES ASSESSMENT IS THAT THANKS TO A U.S.

SUPREME COURT DECISION BACK IN THE MID-'90S, WE CAN TAX THOSE

SELF-INSURED PLANS THROUGH THE COVERED LIVES ASSESSMENT. SO WHILE WE

CAN'T ORDER THOSE SELF-INSURED PLANS TO COVER EARLY INTERVENTION WE CAN

TAX THEM, AND THAT'S WHAT THIS BILL DOES.

IF WE DON'T DO THIS, THEN FAMILIES ARE GOING TO HAVE TO

KEEP BANGING THEIR HEADS AGAINST THE BRICK WALL OF INSURANCE

COMPANIES BECAUSE WE DON'T LET THEM TURN TO THE COUNTY FOR

REIMBURSEMENT UNTIL THEY HAVE BANGED THEIR HEAD AGAINST THIS BRICK

WALL. SO THEY'RE GOING TO HAVE TO KEEP BANGING THEIR HEADS AGAINST THE

BRICK WALL, THEIR PROVIDERS WILL HAVE TO KEEP NOT GETTING PAID WHILE THE

FAMILY BANGS THEIR HEAD AGAINST THE BRICK WALL, AND THE PROVIDERS WHO

SERVE THESE CHILDREN WITH DISABILITIES WILL SUFFER AND WILL DROP OUT OF

THE FIELD, AS HAS BEEN HAPPENING. THE FAMILIES WILL SUFFER AND ABOVE

ALL, THE CHILDREN WILL SUFFER. THE ALTERNATIVE IS TO SAY, YES, HEALTH PLANS

SHOULD PAY FOR HEALTH CARE. EARLY INTERVENTION IS HEALTH CARE. THIS IS

REALLY THE ONLY PRACTICAL MECHANISM WE HAVE TO MAKE SURE THAT HEALTH

PLANS IN NEW YORK DO PAY FOR THIS CRITICALLY IMPORTANT PIECE OF HEALTH

CARE.

THIS IS A -- A SMART PIECE OF LEGISLATION AND IT SOLVES A

NYS ASSEMBLY JUNE 10, 2021

SERIOUS PROBLEM THAT HAS BEEN -- THAT HAS BEEN TORTURING INFANTS AND

TODDLERS AND THEIR FAMILIES, AND THE PROFESSIONALS WHO TRY TO SERVE

THEM, AND IT'S TORTURE THAT HAS BEEN GOING ON PRIMARILY TO SERVE THE

STOCKHOLDERS OF INSURANCE COMPANIES. IT'S TIME FOR A CHANGE AND THAT'S

WHAT THIS BILL DOES, AND I'M JUST DELIGHTED THAT AFTER I THINK IT'S 16 OR 17

YEARS THAT MS. PAULIN HAS BEEN FIGHTING FOR THIS BILL. IT'S NOW PASSED

THE SENATE AND I EXPECT IT WILL PASS THE ASSEMBLY AND IT'S A GREAT DAY,

PARTICULARLY FOR OUR MOST VULNERABLE LITTLE CHILDREN. THANK YOU.

ACTING SPEAKER PICHARDO: THANK YOU.

MS. MILLER.

MS. MILLER: YES, THANK YOU.

ON THE BILL.

ACTING SPEAKER PICHARDO: ON THE BILL,

MA'AM.

MS. MILLER: YOU KNOW, I'M LISTENING BACK AND

FORTH TO THIS DEBATE AND I JUST -- I HAVE TO STOP AND PAUSE. AS A PARENT

OF TWO CHILDREN WHO HAVE BENEFITED FROM EARLY INTERVENTION, AND

ALBEIT, THIS WAS 20-PLUS YEARS AGO AT THIS POINT, IT WAS A GOLD STANDARD

PROGRAM. IT WAS THE LIFELINE BETWEEN CONNECTING AND RECEIVING THOSE

SERVICES THAT ARE SO, SO CRITICAL. MORE AND MORE IN THE PAST DECADE, EI

HAS BEEN STEADILY UNDERFUNDED. WHAT ARE THESE FAMILIES SUPPOSED TO

DO? I HAVE TAKEN SO MANY CALLS FROM PARENTS NOT BEING ABLE TO CONNECT

AND GET IN THE SERVICES. ULTIMATELY, IT MEANS THAT THESE KIDS IN NEED

THAT DON'T GET THE SERVICES AND RESOURCES BECOME BIGGER BURDENS LATER

IN LIFE. THESE KIDS HAVE A CHANCE TO CATCH UP, HAVE A CHANCE TO BE LESS

NYS ASSEMBLY JUNE 10, 2021

NEEDY, TO GET SOME BACK ON TRACK EVEN. THIS -- THE EARLY PUSH THAT WAS

RECOGNIZED AS CRITICAL IF WE GET TO THESE KIDS EARLY IN THEIR FIRST THREE

YEARS, IT SEEMS TO HAVE LOST ITS VALUE TO THE CURRENT ADMINISTRATION.

YOU KNOW, I'M NOT REALLY VERY TECHNICAL WITH ALL OF

THIS, YOU KNOW, BACK AND FORTH, BUT I CAN SPEAK FOR THE FAMILIES WHEN I

SAY WE WANT TO BE ABLE TO GIVE OUR CHILDREN, OUR BABIES, ANY AND EVERY

CHANCE FOR THE BEST POTENTIAL FOR SUCCESS. ARE WE SHIFTING COSTS?

YEAH, MAYBE. YOU DON'T LIKE THAT? I GET IT. BUT ARE YOU OKAY WITH

SACRIFICING THESE BABIES AND THE SERVICES THAT ARE SO VERY CRITICAL FOR

THEIR SUCCESS? I'M NOT. SO I THANK SPONSOR FOR THIS BILL AND I WILL

CERTAINLY BE VOTING AFFIRMATIVE. THANK YOU.

ACTING SPEAKER PICHARDO: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,

2022.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE --

(PAUSE)

THE CLERK WILL RECORD THE VOTE ON SENATE 5568. 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. GOODELL.

MR. GOODELL: THANK YOU, SIR. TO EXPLAIN MY

NYS ASSEMBLY JUNE 10, 2021

VOTE.

ACTING SPEAKER PICHARDO: EXPLAIN YOUR

VOTE.

MR. GOODELL: I ABSOLUTELY AGREE WITH MY

COLLEAGUES WHO HAVE SAID WE NEED TO PUT THE KIDS FIRST. AND

UNFORTUNATELY, THE CURRENT SYSTEM DOESN'T DO THAT BECAUSE IT IMPOSES ALL

THESE HURDLES FOR THE FAMILIES TRYING TO GET FUNDING FOR THESE CRITICAL

SERVICES. SO THE SOLUTION THAT'S BEING SUGGESTED TODAY IS THAT WE CUT

THROUGH ALL THE RED TAPE AND JUST TAX THE INSURANCE COMPANIES AND THEN

REDISTRIBUTE IT BACK ON A PRO RATA BASIS, ELIMINATING ALL THE PAPERWORK,

THE DELAYS, ANY PRE-APPROVALS, AND MAKING IT EASIER ON THE FAMILIES.

AND IN THE PROCESS THE COUNTIES, WHICH PUT A SUBSTANTIAL PORTION OF THE

-- THESE COSTS ARE DELIGHTED BECAUSE THEY'RE HOPING THAT THIS PROGRAM

WILL REDUCE THE COUNTY TAXES. AND EI, EARLY INTERVENTION, IS A MAJOR

FACTOR IN LOCAL COUNTY TAXES.

BUT WHAT IS MISSING FROM THIS DEBATE IS THAT THESE ARE

NOT THE ONLY TWO ALTERNATIVES. AS ONE OF OUR COLLEAGUES POINTED OUT,

WHAT THIS DOES IS INCREASE THE COST OF HEALTH INSURANCE. AND ALREADY,

NEW YORK TAXES HEALTH INSURANCE TO THE TUNE OF OVER $5.2 BILLION. IT'S

THE THIRD HIGHEST SOURCE OF TAX REVENUE IN THE STATE OF NEW YORK. IT'S A

BILLION DOLLARS MORE THAN WE COLLECT ON THE CORPORATE FRANCHISE TAX.

AND WE ALL KNOW THAT HEALTH INSURANCE IS VERY COST-ELASTIC, MEANING A

1 PERCENT INCREASE IN HEALTH INSURANCE RESULTS IN ABOUT A 1 PERCENT DROP

IN THE NUMBER OF PEOPLE WHO HAVE IT.

SO WE'RE ARGUING ABOUT THE WRONG THING, IN MY

NYS ASSEMBLY JUNE 10, 2021

OPINION. OUR ARGUMENT OUGHT TO BE WHY ISN'T THE STATE OF NEW YORK

USING ITS GENERAL PERSONAL INCOME TAX AND ITS GENERAL TAXES TO OFFSET THE

COST OF THIS? WHY AREN'T WE USING OUR GENERAL REVENUE TO KEEP ALL

THESE OTHER COSTS LOWER? THAT'S THE RIGHT APPROACH. THIS UNFORTUNATELY

JUST SHIFTS COSTS FROM ONE BAD PROGRAM -- ONE BAD COST TO ANOTHER BAD

COST FOR US AND, THEREFORE, I OPPOSE IT. THANK YOU, SIR.

ACTING SPEAKER PICHARDO: MR. GOODELL IN

THE NEGATIVE.

MR. CAHILL TO EXPLAIN HIS VOTE.

MR. CAHILL: THANK YOU, MR. SPEAKER AND THANK

YOU, COLLEAGUES. I WANT TO POINT OUT THAT THIS ISSUE DID NOT ARISE JUST

WHEN THE GOVERNOR CHANGED THE SYSTEM, IT'S AN ISSUE THAT WE'VE BEEN

DEALING WITH; IN FACT, I ATTENDED A HEARING WITH MR. GOTTFRIED AND THE

THEN INSURANCE CHAIR MR. -- MR. GRANNIS IN 2000. WE'VE BEEN DEALING

WITH IT FOR THAT LONG. A NO VOTE TODAY DOES NOT MEAN WE WILL NOT TAKE

CARE OF THE CHILDREN. LET'S BE CLEAR, THIS IMPOSES A NEW TAX. WE

PROBABLY CAN'T DO THAT UNTIL AFTER THE BUDGET IS PASSED NEXT YEAR AND, IN

FACT, COLLECTION IS NOT EFFECTIVE UNTIL APRIL 1ST OF 2022. WE CAN INSTEAD

SUBSTITUTE AT SOME POINT, IF NOT NOW THEN OVER THE COURSE OF THE NEXT

SEVERAL MONTHS OR INTO THE BEGINNING OF NEXT YEAR, ASSEMBLY BILL NO.

7996, WHICH ACCOMPLISHES EXACTLY WHAT NEEDS TO BE ACCOMPLISHED FOR

THE PROVIDERS, EXACTLY WHAT NEEDS TO BE ACCOMPLISHED FOR THE CHILDREN,

AND DOES NOT RAISE TAXES.

WHAT DOES IT DO? IT REDUCES THE OPPORTUNITY FOR THE

STATE OF NEW YORK TO SWEEP THAT EXTRA MONEY OUT OF THE COVERED LIVES

NYS ASSEMBLY JUNE 10, 2021

ASSESSMENT AND STILL PROVIDES FOR THE MEANS BY WHICH THIS CAN BE PAID

FOR. IT ASSURES THAT IT WILL BE PAID FOR IN ETERNITY, AS OPPOSED TO HAVING

AN ASSESSMENT THAT MAY HAVE TO BE INCREASED. I REGRETFULLY REQUEST A NO

VOTE AND -- AND URGE MY COLLEAGUES TO JOIN ME IN A NO VOTE SO WE CAN

COME BACK AND FIX THIS THE RIGHT WAY AT THE RIGHT TIME. THANK YOU, MR.

SPEAKER. I WITHDRAW MY REQUEST AND VOTE IN THE NEGATIVE.

ACTING SPEAKER PICHARDO: MR. CAHILL IN THE

NEGATIVE.

MS. LUNSFORD TO EXPLAIN HER VOTE.

MS. LUNSFORD: THANK YOU. I WANT TO COMMEND

THE SPONSOR OF THIS BILL FOR FINALLY FIXING A LONG-STANDING PROBLEM THAT

HAS LEFT OUR MOST VULNERABLE CHILDREN BEHIND AND BELEAGUERED OUR

COUNTIES. RIGHT NOW, OUR CHILDREN IN NEED OF EARLY INTERVENTION

SERVICES ARE WAITING FOR MOTHS TO GET ACCESS TO THE SERVICES THEY NEED

NOW. THE EARLIER WE CAN GET THESE KIDS IN A TREATMENT, THE MORE LIKELY

THEY ARE TO NEED LESS TREATMENT IN THE FUTURE, WHICH DOESN'T JUST LET THAT

CHILD LIVE A FULLER, MORE PRODUCTIVE LIFE, BUT IT COSTS THE HEALTH CARE

SYSTEM SUBSTANTIALLY LESS OVER TIME.

RIGHT NOW OUR COUNTIES, MEANING OUR PROPERTY

TAXPAYERS, ARE FOOTING THE BILLS FOR THESE SERVICES. THIS BILL WOULD SHIFT

THAT COST ON THE HEALTH PLANS. THAT'S WHY THIS BILL IS SUPPORTED BY

STATEWIDE CHILD ADVOCACY GROUPS, PARENTS OF CHILDREN WITH DISABILITIES,

COUNTY EXECUTIVES, COUNTY LEGISLATORS, AND COUNTY HEALTH OFFICIALS,

BECAUSE IT ALLOWS US TO EXPAND EARLY INTERVENTION SERVICES TO EVERY

CHILD WHO NEEDS IT TODAY. IT SHORTENS WAIT LISTS. IT WILL INCENTIVIZE

NYS ASSEMBLY JUNE 10, 2021

MORE PROVIDERS TO PROVIDE EARLY INTERVENTION SERVICES, AND IT SHIFTS THE

BURDEN OF AN UNFUNDED MANDATE AWAY FROM OUR COUNTIES, ALLOWING

THEM TO PASS THAT SAVINGS ONTO THE TAXPAYER. I AM PROUD TO STAND IN

SUPPORT OF THIS BILL TODAY AND I VOTE ENTHUSIASTICALLY IN THE AFFIRMATIVE.

ACTING SPEAKER PICHARDO: MS. LUNSFORD IN

THE -- IN THE AFFIRMATIVE.

MS. PAULIN TO EXPLAIN HER VOTE.

MS. PAULIN: THANK YOU, MR. SPEAKER. SO

NYS ASSEMBLY JUNE 10, 2021

I JUST -- YOU KNOW, THIS BILL HAS BEEN AROUND AS -- AS SEVERAL MEMBERS

HAVE SAID FOR ABOUT 20 YEARS, AND WE STARTED WITH THE PREMISE THAT

EARLY INTERVENTION SERVICES ARE, INDEED, HEALTH SERVICES, AS ONE OF MY

COLLEAGUES ON THE FLOOR HAS ALREADY STATED. WHEN THE SECOND PROPOSAL -

AND THAT'S WHAT I WANT TO ADDRESS, I KNOW IT WAS BROUGHT UP BY SEVERAL

- WAS BROUGHT TO ME, I RECOGNIZED THAT THAT MIGHT BE AN ALTERNATIVE, THAT

THE INSURANCE COMPANIES WERE TELLING US THAT THERE'S ALREADY SURPLUS

MONEY IN COVERED LIVES AND WHY WE DON'T JUST INSTEAD OF THEM GETTING

IT BACK, WHICH IS WHAT THEY CLAIM HAPPENED, WE WOULD THEN ALLOCATE IT

TO EARLY INTERVENTION. SO I WAS INTRIGUED AND I DECIDED THAT I WOULD

INTRODUCE THAT BILL AS A BACKUP PROPOSAL.

IN PREPARATION FOR TODAY, UNDERSTANDING THAT I WOULD

BE DEBATED, I CALLED DOB AND I SAID, EXACTLY HOW MUCH IS THAT SURPLUS

MONEY, HOW MUCH OVER THE LAST TEN YEARS, SO WE WOULD KNOW IF,

INDEED, THAT PROPOSAL THAT WAS BEING ADVOCATED BY THE INSURANCE

COMPANIES WAS GOING TO HAPPEN. THAT WAS GOING TO BE THE SOLUTION.

AND WHAT I LEARNED WAS THAT THERE HAS NOT BEEN A SURPLUS; IN FACT, IN THE

LAST FOUR YEARS, THE DEFICIT HAS REACHED $92 MILLION, $60 MILLION, $84

MILLION. SO -- AND WHO PAYS FOR THAT? THE STATE PAYS. SO WE HAVE

BEEN SUBSIDIZING THOSE THINGS THAT ARE SUPPOSED TO BE SPREAD TO THE

INSURANCE COMPANIES. WHY? BECAUSE WE HAVE NOT RAISED THE

ASSESSMENT, AS WE SHOULD HAVE, JUST TO COVER THE THINGS THAT WE HAVE

ALREADY AGREED SHOULD BE COVERED.

SO THAT PROPOSAL DOESN'T WORK FOR THIS AND, IN FACT,

THAT -- COVERED LIVES DOESN'T WORK FOR THOSE THINGS WE'VE ALREADY

NYS ASSEMBLY JUNE 10, 2021

ACCEPTED --

ACTING SPEAKER PICHARDO: MS. PAULIN, HOW

DO YOU VOTE?

MS. PAULIN: WITH THAT, I WITHDRAW MY --

ACTING SPEAKER PICHARDO: MS. PAULIN IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

NEGATIVE VOTES ON THE FLOOR, PLEASE RECORD MY FOLLOWING COLLEAGUES IN

THE NEGATIVE: MR. DIPIETRO, MR. GALLAHAN, AND MR. FRIEND.

ACTING SPEAKER PICHARDO: SO NOTED.

MR. GOODELL: THANK YOU, SIR.

ACTING SPEAKER PICHARDO: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES MR. CUSICK AND MR.

CYMBROWITZ IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER PICHARDO: SO NOTED, MA'AM.

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 CAN CONTINUE OUR WORK ON OUR DEBATE LIST. WE'LL GO TO

RULES REPORT NO. 432, ASSEMBLY BILL NO. 5108 BY MR. ABBATE;

NYS ASSEMBLY JUNE 10, 2021

FOLLOWED BY RULES REPORT NO. 458, ASSEMBLY BILL NO. 6732, THAT ONE

IS BY MR. ABBATE, AS WELL; RULES REPORT NO. 476, ASSEMBLY BILL NO.

7434 BY MS. DE LA ROSA; RULES REPORT NO. 491, ASSEMBLY BILL NO.

7650 BY MR. PICHARDO; RULES REPORT NO. 513, ASSEMBLY BILL NO. 7761

BY MR. ABINANTI; AND LAST BUT CERTAINLY NOT AT LEAST AT THIS MOMENT, MR.

SPEAKER, WE'RE GOING TO DO RULES REPORT NO. 514, ASSEMBLY BILL NO.

77-- 7796, THAT ONE IS BY MR. MEEKS. THANK YOU, SIR, IN THAT ORDER.

ACTING SPEAKER PICHARDO: THANK YOU.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05108, RULES REPORT

NO. 432, ABBATE, COLTON. AN ACT IN RELATION TO AFFECTING THE HEALTH

INSURANCE BENEFITS AND CONTRIBUTIONS OF CERTAIN RETIRED PUBLIC

EMPLOYEES.

ACTING SPEAKER PICHARDO: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER PICHARDO: ON THE BILL.

MR. GOODELL: THIS LEGISLATION PROHIBITS A PUBLIC

EMPLOYER FROM DIMINISHING THE HEALTH INSURANCE BENEFITS PROVIDED TO

RETIREES OR THEIR DEPENDENTS, OR REDUCING THE CONTRIBUTION SUCH

EMPLOYER MAKES THE -- FOR THE HEALTH INSURANCE COVERAGE BELOW WHAT

THEY'RE MAKING NOW. AND SO BY STATUTE, THIS WOULD PROHIBIT ANY OF OUR

PUBLIC EMPLOYERS FROM IMPLEMENTING ANY COST-SAVING MEASURES FOR

RETIREE INSURANCE, WHICH CREATES A HUGE CHALLENGE.

UNDER CURRENT LAW, IF AN EMPLOYER OFFERS RETIREE

NYS ASSEMBLY JUNE 10, 2021

INSURANCE AS PART OF A CURRENT COLLECTIVE BARGAINING AGREEMENT, THE

EMPLOYER HAS TO HONOR THAT FOR THE RETIREES BECAUSE THE INDIVIDUAL WHO

IS RETIRED CONTINUED WORKING, IN PART BASED ON THE CURRENT

COMPENSATION, AND IN PART ON THAT PROMISE FOR RETIREE BENEFITS. AND THE

NEW YORK STATE COURTS HAVE REPEATEDLY HELD THAT IF A MUNICIPALITY

INCLUDES IN ITS COLLECTIVE BARGAINING AGREEMENT AN OBLIGATION TO

PROVIDE RETIREES HEALTH INSURANCE, THEY HAVE TO HONOR THAT, THEY CAN'T

JUST SIMPLY IGNORE THE RETIREES. THAT'S THE CURRENT LAW.

SO WHAT'S THIS LAW DO? THIS LAW TAKES IT ONE STEP

FURTHER AND SAYS THE PUBLIC EMPLOYER CANNOT REDUCE ITS CONTRIBUTIONS TO

THAT RETIREE INSURANCE. WHY DOES THAT CREATE A PROBLEM? I'LL GIVE YOU A

SIMPLE EXAMPLE. THE CITY OF JAMESTOWN BACK IN 1980S OFFERED RETIREE

INSURANCE. BACK THEN IT WAS 3 PERCENT OF PAYROLL. JUMP AHEAD 40

YEARS, THAT RETIREE INSURANCE AND THE RETIREE BENEFITS NOW CONSTITUTE 60

PERCENT OF THE CITY'S BUDGET. AND THE CITY'S TAX RATE A COUPLE OF YEARS

AGO WAS AT THE MAXIMUM CONSTITUTIONAL TAXING LIMIT. AND RECOGNIZING

THE INCREDIBLE COST OF RETIREE INSURANCE, THEY WENT BACK TO THE RETIREES

AND SAID, NONE OF YOU ARE APPLYING FOR MEDICARE. AND THEY SAID,

YEAH, WHY WOULD WE? THE CITY OF JAMESTOWN'S PLAN IS MORE GENEROUS

THAN MEDICARE. SO THE CITY OF JAMESTOWN WENT BACK AND SAID, HOW

ABOUT WE PROVIDE YOU WITH A WRAPAROUND MEDICARE PROGRAM SO THAT

THE COMBINATION OF MEDICARE AND THE WRAPAROUND PROGRAM IS AS

GENEROUS AS WHAT YOU ARE CURRENTLY GETTING UNDER OUR SELF-FUNDED

PROGRAM. AND THEY WENT ONE STEP FURTHER AND PROVIDED A CASH

INCENTIVE FOR ANY INCIDENTAL DIFFERENCES THAT COULDN'T BE COVERED WITH A

NYS ASSEMBLY JUNE 10, 2021

WRAPAROUND INSURANCE.

NOW, THAT WAS VERY SUCCESSFUL FOR THE CITY OF

JAMESTOWN. THEY PROTECTED THEIR RETIREES, THE RETIREES WENT INTO THE

MEDICARE PROGRAM, THANK GOD, AND THE LOCAL TAXPAYERS SAVED A BUNDLE

OF MONEY. THAT APPROACH WOULD BE PROHIBITED BY THIS LEGISLATION

WHICH SAYS THAT A MUNICIPALITY CANNOT REDUCE THE CONTRIBUTIONS MADE.

SO WE, IF WE ADOPT THIS, BY LAW SAY A LOCAL GOVERNMENT CANNOT SAVE

MONEY. NOW, THINK ABOUT THAT RAMIFICATION. IT IS MOST ASSUREDLY NOT

THE RAMIFICATION INTENDED BY THE SPONSOR, I CAN ASSURE YOU, BUT I THINK

WE NEED TO RECOGNIZE THAT THE NEW YORK COURTS ALREADY PROTECT

RETIREES, BUT THE NEW YORK COURTS DO NOT PROHIBIT A MUNICIPALITY TO

COME UP WITH AN ALTERNATIVE PROGRAM THAT STILL PROTECTS RETIREES AND

SAVES TAXPAYERS' MONEY. THAT'S WHY I CANNOT SUPPORT THIS LANGUAGE.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER PICHARDO: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE ON A-5108. THIS IS A PARTY VOTE. ANY MEMBER WHO

WISHES TO BE RECORDED AS AN EXCEPTION TO THE MAJORITY CONFERENCE

POSITION -- I'M SORRY, TO THE CONFERENCE POSITION IS REMINDED TO CONTACT

THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO WOULD

NYS ASSEMBLY JUNE 10, 2021

LIKE TO SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE

SO WE CAN RECORD YOUR VOTE PROPERLY. THANK YOU, SIR.

ACTING SPEAKER PICHARDO: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. TO -- OUR CONFERENCE WILL GENERALLY BE IN THE AFFIRMATIVE ON

THIS ONE; HOWEVER, THERE COULD BE A FEW OF OUR COLLEAGUES THAT WOULD

LIKE TO BE AN EXCEPTION. IF SO, PLEASE CONTACT THE MAJORITY LEADER'S

OFFICE AND WE WILL BE HAPPY TO RECORD YOUR VOTE.

ACTING SPEAKER PICHARDO: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE

RECORD THE FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. BRABENEC, MS.

BYRNES, MR. SCHMITT AND MR. TANNOUSIS, IN ADDITION TO THOSE WHO HAVE

VOTED ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER PICHARDO: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 12, RULES REPORT NO. 458, THE CLERK WILL READ.

THE CLERK: SENATE NO. S04408, RULES REPORT NO.

458, SENATOR SKOUFIS (ABBATE--A06732). AN ACT TO AMEND THE

RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO DISABILITY BENEFITS

FOR FIREFIGHTERS EMPLOYED BY THE DIVISION OF MILITARY AND NAVAL

NYS ASSEMBLY JUNE 10, 2021

AFFAIRS.

ACTING SPEAKER PICHARDO: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER PICHARDO: WILL YOU YIELD,

MR. ABBATE?

MR. ABBATE: SURELY.

ACTING SPEAKER PICHARDO: THE SPONSOR

YIELDS.

MR. GOODELL: THANK YOU, MR. ABBATE. AS I

UNDERSTAND IT, THIS BILL WOULD PROVIDE A DISABILITY PRESUMPTION FOR

AIRPORT FIREFIGHTERS REGARDING DISEASES OF THE HEART AND LUNG AND CERTAIN

FORMS OF CANCER. BUT I ALSO NOTE THAT THIS LEGISLATION HAS BEEN PASSED

REPEATEDLY AND HAS BEEN VETOED BY ALMOST EVERY GOVERNOR SINCE WE

STARTED PASSING IT, INCLUDING GOVERNOR PATAKI AND SPITZER AND CUOMO.

AND IN PARTICULAR, THEY NOTED THAT THERE'S NO EVIDENCE THAT THE

LEGISLATION WAS NECESSARY FOR RECRUITMENT OR RETENTION, OR THAT THESE

PARTICULAR FIREFIGHTERS FACED THE SAME DEGREE OF RISK AND STRESS AS

MUNICIPAL FIREFIGHTERS. DO YOU HAVE ANY DATA THAT SHOWS A HIGHER

INCIDENCE OF HEART, LUNG OR CERTAIN FORMS OF CANCER FOR THESE PARTICULAR

FIREFIGHTERS THAT ARE AT AIRPORTS?

MR. ABBATE: WELL, FIRST OF ALL, WHEN YOU

EXPLAINED, YOU KNOW, IT WAS A PRESUMPTION FOR AIRPORT FIREFIGHTERS.

YOU DIDN'T MENTION THAT IT WAS FOR THE DIVISION OF MILITARY AND NAVAL

AFFAIRS. YOU KNOW, AND I THINK MOST FIREFIGHTERS WHO ARE WORKING ON

NYS ASSEMBLY JUNE 10, 2021

THE AIRPORTS, WHETHER IT'S THE PORT AUTHORITY OR MUNICIPAL AIRPORT, ARE

COVERED. AND TO MY KNOWLEDGE, AND I CANNOT UNDERSTAND WHY WE

WOULD NOT PROTECT FIREFIGHTERS WHO ARE THERE WORKING WITH OUR MILITARY,

YOU KNOW, IT'S JUST ASTONISHING TO ME WHY WE WOULDN'T WANT TO PROTECT

THEM LIKE WE DO OTHER FIREFIGHTERS AT OTHER AIRPORTS. AND SECONDLY,

WHEN YOU SAY THEY -- THEY WERE VETOED. YOU KNOW, THEY -- THAT

GOVERNOR AND THE OTHER GOVERNOR MIGHT NOT THINK IT'S A GOOD IDEA TO

PROTECT THE MEN AND WOMEN OF OUR FIRE DEPARTMENT IN THE MILITARY. I

BELIEVE IT'S A GOOD BILL, THE SPONSOR IN THE SENATE BELIEVES IT'S A GOOD

BILL, AND WE'RE GOING TO KEEP TRYING IT UNTIL WE CONVINCE THEM TO SIGN

THE BILL.

MR. GOODELL: AND DO WE HAVE ANY STATISTICAL

DATA, BY THE WAY, ON THE INCIDENCE OF --

MR. ABBATE: IT -- IT'S THE SAME DATA SAME AND THE

SAME THING THAT HAPPENED TO FIREFIGHTERS THROUGHOUT THE STATE. YOU

KNOW, IT'S NOT LESS BECAUSE THEY, YOU KNOW, THEY -- IT'S THE SAME

TRAINING AND ALL, AND IT'S THE SAME HAZARDS, THEY STILL WORK OFF CHEMICALS

AND FUELS THAT ARE AT THE AIRPORTS. THERE -- IT'S THE SAME STATUS AS ANY

PLACE ELSE THAT WOULD HAPPEN. AND LET'S HOPE, LET'S HOPE THAT THERE'S

NOT A LOT OF ACCIDENTS OR THINGS SO WE WON'T -- WE WON'T HAVE TO USE THE

PRESUMPTION.

MR. GOODELL: I ALSO NOTE THAT THE -- THAT THIS

MILITARY RETIREMENT AND THIS PRESUMPTION RELATING TO HEART, LUNG AND

CERTAIN FORMS OF CANCER WOULD GIVE A 75 PERCENT BENEFIT, LIFETIME

BENEFIT, WHEREAS, IF I'M NOT MISTAKEN, ANY OTHER DISABILITY RETIREMENT

NYS ASSEMBLY JUNE 10, 2021

FOR THE SAME PEOPLE ONLY IS AT 50 PERCENT. WHY IS THE DIFFERENCE?

MR. ABBATE: I AM NOT SURE IT'S ONLY 50. I -- I --

YOU KNOW, I DON'T THINK IT'S FOR FIREFIGHTERS AT 50. IT MIGHT BE FOR OTHER

PUBLIC EMPLOYEES.

MR. GOODELL: OKAY. THANK YOU, MR. ABBATE.

MR. ABBATE: OKAY.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: WE'VE RECOGNIZED FOR MANY OF OUR

PUBLIC SERVANTS, AND PARTICULARLY FIREFIGHTERS AND FRONTLINE RESPONDERS

AND FIRST RESPONDERS, THAT CERTAIN ASPECTS OF THEIR JOB PUT THEM AT MUCH

HIGHER RISK, CERTAIN DEBILITATING DISEASES, INCLUDING LUNG DISEASE OR

HEART DISEASE, SOMETIMES CERTAIN CANCERS. AND WE KNOW FROM

MUNICIPAL FIREFIGHTERS THAT THEY OFTEN GO INTO BURNING BUILDINGS WHERE

FURNITURE AND OTHER ITEMS IN THE BUILDING HAVE FLAME RETARDANTS AND

OTHER CHEMICALS THAT CAN BE EXTRAORDINARILY TOXIC. THIS BILL EXTENDS --

EXTENDS THOSE DISABILITY PRESUMPTIONS TO AIRPORT FIREFIGHTERS AND

TRAINING AND SAFETY OFFICERS EMPLOYED BY THE NEW YORK DIVISION OF

MILITARY AND NAVAL AFFAIRS. AND AS OTHERS HAVE RECOGNIZED ALL THE WAY

BACK TO 2004, THERE APPARENTLY IS NOT ANY STRONG DATA TO SUGGEST THAT

THESE PARTICULAR FIREFIGHTERS FACE ANYWHERE NEAR THE RISKS OR THE DANGERS

OF A TYPICAL MUNICIPAL FIREFIGHTER, AND THAT'S WHY IT'S BEEN OPPOSED AND

VETOED IN THE PAST. AND AS FAR AS I KNOW AND AS THE SPONSOR INDICATED,

THERE -- THERE DOESN'T APPEAR TO BE ANY STUDIES ON THIS PARTICULAR

NYS ASSEMBLY JUNE 10, 2021

CATEGORY OF EMPLOYEES. THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4408. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

VOTES ON THE FLOOR, PLEASE RECORD MR. MONTESANO IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED, SIR. THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

RULES -- PAGE 12, RULES REPORT NO. 476, THE CLERK

WILL READ.

THE CLERK: ASSEMBLY NO. A07434-A, RULES

REPORT NO. 476, DE LA ROSA, BRAUNSTEIN. AN ACT TO AMEND THE REAL

PROPERTY TAX LAW, IN RELATION TO WAGES AND SUPPLEMENTS FOR BUILDING

SERVICE EMPLOYEES EMPLOYED AT CERTAIN PROPERTIES HELD IN THE

COOPERATIVE OR CONDOMINIUM FORM OF OWNERSHIP RECEIVING A TAX

NYS ASSEMBLY JUNE 10, 2021

ABATEMENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

DE LA ROSA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MS. DE LA ROSA, AN EXPLANATION HAS BEEN REQUESTED.

MS. DE LA ROSA: THANK YOU, MR. SPEAKER. PUBLIC

MONEY SHOULD NOT BE USED TO SUBSIDIZE LOW-WAGE JOBS AND TO UNDERCUT

WORKERS' STANDARDS. THIS BILL WILL ENSURE THAT EMPLOYEES PERFORMING

BUILDING SERVICE WORK AT CERTAIN PROPERTIES RECEIVING THE COOPERATIVE

AND CONDOMINIUM TAX ABATEMENT UNDER SECTION 426-A OF THE NEW

YORK STATE REAL PROPERTY TAX LAW ARE PAID AN APPLICABLE PREVAILING

WAGE. PREVAILING WAGE FOR BUILDING SERVICE EMPLOYEES IS ALREADY

REQUIRED FOR PROPERTIES RECEIVING A TAX ABATEMENT UNDER SECTION 421-A

OF THE NEW YORK STATE REAL PROPERTY TAX LAW, ALSO KNOWN AS THE

AFFORDABLE NEW YORK HOUSING PROGRAM.

IN ADDITION, NEW YORK CITY LAW ALSO ALREADY REQUIRES

PREVAILING WAGE FOR BUILDING SERVICE WORKERS AT CERTAIN RESIDENTIAL

PROJECTS RECEIVING CITY FINANCIAL ASSISTANCE; HOWEVER, OTHER LUXURY

COOPERATIVES AND CONDOMINIUMS IN NEW YORK CITY CURRENTLY RECEIVING

ABATEMENTS FROM REAL PROPERTY TAXES UNDER STATE LAW WITHOUT ANY

PREVAILING WAGE REQUIREMENT ATTACHED. UNDER THIS BILL, IN ORDER TO

RECEIVE THIS BENEFIT, COOPERATIVES AND CONDOMINIUMS IN NEW YORK

CITY WITH AN AVERAGE UNIT ASSESSED VALUE GREATER THAN $60,000 WITH

MORE THAN 30 DWELLING UNITS, OR GREATER THAN $100,000 REGARDLESS OF

SIZE WOULD BE REQUIRED TO SUBMIT AN AFFIDAVIT TO THE NEW YORK CITY

NYS ASSEMBLY JUNE 10, 2021

COMMISSIONER OF FINANCE CERTIFYING THAT ALL BUILDING SERVICE

EMPLOYEES EMPLOYED AT THE PROPERTY RECEIVE APPLICABLE PREVAILING

WAGE FOR THE DURATION OF SUCH PROPERTY'S TAX ABATEMENT.

ACTING SPEAKER AUBRY: MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU. WOULD THE

SPONSOR YIELD FOR A COUPLE OF QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MS. DE LA ROSA, WILL

YOU YIELD?

MS. DE LA ROSA: YES.

ACTING SPEAKER AUBRY: MS. DE LA ROSA

YIELDS, SIR.

MR. FITZPATRICK: THANK YOU, MS. DE LA ROSA.

CAN YOU TELL US, WHAT IS THE DIFFERENCE RIGHT NOW BETWEEN THE

PREVAILING WAGE AND WHAT THESE WORKERS ARE RECEIVING RIGHT NOW?

MS. DE LA ROSA: SURE. IT VARIES PER TITLE AND

COUNTY WHERE THEY WORK BUT, FOR EXAMPLE, FOR A WORKER WHO IS

WORKING AS A DOOR PERSON OR SOMEONE WHO WORKS IN A BUILDING AS A

MAINTENANCE WORKER, RIGHT NOW THEY'RE MAKING ABOUT $18 AN HOUR.

WITH THIS PREVAILING WAGE, THE BENEFIT WOULD BE CLOSER TO $25.65 AN

HOUR, FOR EXAMPLE, PLUS BENEFITS. SO THAT WOULD COME UP TO ABOUT $38

AN HOUR.

MR. FITZPATRICK: SO THAT'S VERSUS $18 PLUS, IS

THAT WITH OR WITHOUT BENEFITS, THE $18?

MS. DE LA ROSA: WITHOUT BENEFITS.

MR. FITZPATRICK: WITHOUT. SO HOW MUCH WOULD

NYS ASSEMBLY JUNE 10, 2021

THAT BE WITH BENEFITS CURRENTLY?

MS. DE LA ROSA: A LITTLE BIT MORE, BUT RIGHT NOW

THEY AREN'T MAKING -- MOST OF -- MANY OF THEM DO NOT HAVE ACCESS TO

BENEFITS, SO THEY'RE MAKING ABOUT $17.50 TO $18 AN HOUR.

MR. FITZPATRICK: ALL RIGHT. SO IF -- IF -- IF

THEY'RE NOT HAPPY WITH THEIR CURRENT EMPLOYMENT, THEY CERTAINLY --

ACTING SPEAKER AUBRY: SHH. PLEASE.

MR. FITZPATRICK: -- THEY'RE FREE -- THEY'RE FREE TO

MOVE SOMEWHERE ELSE WHERE THEY COULD BE MORE HIGHLY COMPENSATED.

SO WHAT'S, YOU KNOW, LIKE YOU SAID IN YOUR -- IN YOUR OPENING REMARKS,

WE PUT THIS BURDEN OF ADDITIONAL COST ON THE AFFORDABLE HOUSING AND I

RECALL FORMER HOUSING CHAIR VITO LOPEZ, WHO WAS CERTAINLY VERY

PRO-UNION, BUT WHEN IT CAME TO AFFORDABLE HOUSING WAS VERY MUCH

OPPOSED TO IMPOSING PREVAILING WAGE ON AFFORDABLE HOUSING PROJECTS

BECAUSE IT WOULD DRIVE UP THE COST. THIS WILL DO THE SAME THING FOR

WHAT YOU ARGUE AS HIGH-END, BUT MANY OF THESE CONDOS AND

CONDOMINIUMS ARE MORE IN THE MIDDLE-INCOME OR MODERATE INCOME

AREA. AND, YOU KNOW, WHAT WE'RE GOING TO DO HERE IS, YOU KNOW, IN AN

ERA WHERE WE SEE TAXES AND CRIME MOVING EVER UPWARD, WE'RE GOING TO

CONTINUE TO ADD ADDITIONAL COSTS TO AN ALREADY EXPENSIVE PLACE TO LIVE.

HOW DO YOU JUSTIFY THAT?

MS. DE LA ROSA: WELL, THE PREMISE OF THE BILL IS

THAT IF THEY ARE RECEIVING THIS TAX ABATEMENT AND THIS BENEFIT UNDER, YOU

KNOW, USING TAXPAYER DOLLARS, USING PUBLIC MONEY, THAT AT THE VERY

LEAST THESE WORKERS SHOULD HAVE ACCESS TO BENEFITS AND SHOULD HAVE

NYS ASSEMBLY JUNE 10, 2021

ACCESS TO A LIVABLE -- LIVING WAGE, RIGHT? WE ARE IN THE MIDST OF A

GLOBAL PANDEMIC, AS YOU KNOW. WE'VE HEARD THE STORIES OF MANY OF

THESE WORKERS WHO HAVE TOLD US THAT THEY'RE AFRAID TO GET SICK, THAT IS

ACTUALLY AN IMPOSSIBILITY DURING THESE TIMES, BECAUSE THEY DON'T HAVE

ADEQUATE RESOURCES OR ADEQUATE BENEFITS. AND SO THAT IS WHAT WE'RE

TRYING TO CURE WITH THIS BILL. THERE ARE ABOUT 2,000 WORKERS RIGHT NOW

THAT ARE ABSOLUTELY EXCLUDED FROM BEING ABLE TO HAVE THESE BENEFITS AND

BEING PAID A PREVAILING WAGE.

MR. FITZPATRICK: SO IF BY PUTTING THIS ADDITIONAL

COST ON THESE HOUSING COMPLEXES, YOU ARE GOING TO HAVE A, I THINK A

SITUATION WHERE YOU'RE GOING TO SEE POSSIBLY PEOPLE LAID OFF BECAUSE

THE ADDITIONAL COST WILL REQUIRE OR FORCE THEM TO REDUCE THE HEAD COUNT

AT THESE BUILDINGS, PROBABLY MAYBE INCREASING HOURS FOR THOSE THAT

REMAIN, BUT WILL POSSIBLY REDUCE EMPLOYMENT AS OPPOSED TO ADD

EMPLOYMENT BECAUSE YOU'RE INCREASING THE COST. HOW DO YOU -- WHAT

DO YOU SAY TO THOSE PEOPLE WHO WILL LOSE JOBS BECAUSE YOU HAVE ADDED

THIS ADDITIONAL COST? WHAT DO YOU SAY TO THEM?

MS. DE LA ROSA: AS I MENTIONED EARLIER, THIS IS A

MINIMAL GROUP. IT'S 2,000 WORKERS THAT HAVE ACTUALLY BEEN EXCLUDED,

AND ACTUALLY, SMALLER BUILDINGS THAT HAVE 30 UNITS OR LESS ARE NOT

INCLUDED, THEY WOULD BE CARVED OUT OF HAVING TO PAY THE PREVAILING

WAGE. AND I CAN TELL YOU THAT I'VE BEEN TO A FEW OF THESE BUILDINGS AND

I'VE ATTENDED SOME RALLIES. THE NEIGHBORS IN THESE BUILDINGS, THE

SHAREHOLDERS IN THESE BUILDINGS, THEY VALUE THE WORKERS THAT ARE THERE.

THEY ARE THE WORKERS THAT OPEN THEIR DOORS, THAT HANDLE THEIR PACKAGES,

NYS ASSEMBLY JUNE 10, 2021

AND THAT HELP THEM, THAT UPKEEP AND MAINTAIN THESE BUILDINGS. I

BELIEVE THAT THIS WILL ALLOW FOR THESE WORKERS TO HAVE A QUALITY OF LIFE

THAT IS NOW NOT AFFORDED TO THEM IN THE MIDDLE, AS I SAID, OF A GLOBAL

PANDEMIC, IN THE MIDDLE OF A FINANCIAL CRISIS WHERE WE NEED TO MAKE

SURE THAT WORKERS ARE ABLE TO LIVE AND PROVIDE FOR THEIR FAMILIES. SO I

HAVE SEEN HOW FOLKS WHO LIVE IN THESE BUILDINGS ARE ACTUALLY -- SOME OF

THEM AGREE WITH THE FACT THAT THESE WORKERS WOULD BE MAKING A LITTLE

BIT MORE MONEY IN ORDER TO HAVE LIVABLE PREVAILING WAGE.

MR. FITZPATRICK: WELL, YOU MAY BE CORRECT, BUT

THERE, YOU KNOW, AS YOU SAID, WE'RE IN A PANDEMIC AND I'M SURE THERE

ARE PEOPLE WHO OCCUPY THOSE UNITS WHO MAY HAVE SUFFERED A LOSS OF

THEIR OWN INCOME, MAYBE LOST THEIR JOB, AND AN ADDITIONAL BURDEN THAT

THIS INCREASED COST WOULD PUT ON THEM WILL MAKE IT EVEN HARDER FOR

THEM TO AFFORD TO LIVE IN NEW YORK, THEREBY INCREASING THE EXODUS OF

PEOPLE FROM THE CITY. SO -- ALL RIGHT. WELL, THANK YOU VERY MUCH MS.

DE LA ROSA, I APPRECIATE YOUR -- YOUR ANSWERS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

FITZPATRICK.

MR. FITZPATRICK: YOU KNOW, WHEN WE -- WHEN

WE, YOU KNOW, VOTED TO INCREASE OR PUT PREVAILING WAGE ON AFFORDABLE

HOUSING PROJECTS, WE INCREASED THE COST OF AFFORDABLE HOUSING. AND

DOING THIS IS GOING TO INCREASE THE COST OF MODERATELY PRICED HOUSING IN

THE CITY OF NEW YORK. YOU KNOW, THE LUXURY CONDOS, THIS MIGHT NOT

BE A PROBLEM FOR THEM, BUT THIS WILL HAVE A DETRIMENTAL EFFECT ON THE

NYS ASSEMBLY JUNE 10, 2021

EMPLOYMENT OF PEOPLE IN THESE BUILDINGS DUE TO THE INCREASED COST.

THERE MAY BE A REDUCTION IN THESE SERVICES BECAUSE OF THE INCREASED

COST. THAT WILL NOT ADD TO THE QUALITY OF LIFE. AND THE CITY OF NEW

YORK RIGHT NOW IS STRUGGLING. IT HAS A CRIME PROBLEM, IT HAS A TAX -- WE

SEE INCREASES IN TAXES IN PEOPLE, AND WE SEE PEOPLE LEAVING NEW YORK

CITY AND NEW YORK STATE. THIS IS JUST ANOTHER NAIL IN THE COFFIN OF THE

CITY AND STATE OF NEW YORK TO IMPOSE THIS ADDITIONAL COST.

YOU KNOW, GOVERNMENT SHOULD NOT BE IMPOSING ITSELF

INTO THE LABOR MARKET AND DRIVING UP COSTS. IT -- IT DOES NOT LEAD TO THE

EFFICIENT USE OF CAPITAL. IT DOES LEAD TO A LOSS OF EMPLOYMENT DUE TO THE

INCREASED COST. WE'VE SEEN THAT EVERYWHERE. WE SEE IT WHEN THE

MINIMUM WAGE IS INCREASED, WE SEE IT WHEN PREVAILING WAGE IS

IMPOSED. THIS IS -- GOVERNMENT HAS NO BUSINESS STICKING ITS NOSE IN

THE LABOR MARKET. IF SOMEONE IS UNHAPPY IN A JOB, THEY WILL LEAVE THAT

JOB AND LOOK FOR SOMETHING BETTER. THE PERSON THERE MAY HAVE, YOU

KNOW, A LIMITED SKILL SET, AND THIS MAY BE THE PERFECT JOB OR THE BEST JOB

THEY CAN FIND. NOW GOVERNMENT IS GOING TO PRICE THAT PERSON OUT OF

THAT JOB POSSIBLY. SO I WOULD RECOMMEND OR ASK MY COLLEAGUES TO

CONSIDER A NO VOTE. TWO WRONGS OR THREE WRONGS DON'T MAKE A RIGHT

HERE AND THIS -- THIS IS NO WAY TO IMPROVE OR REDUCE OR MAINTAIN

AFFORDABLE HOUSING IN THE STATE AND CITY OF NEW YORK. 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 6350-A. THIS IS A PARTY VOTE. ANY

NYS ASSEMBLY JUNE 10, 2021

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

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

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THIS IS A PARTY

VOTE. THE REPUBLICAN PARTY IS GENERALLY OPPOSED TO THIS LEGISLATION.

THOSE WHO SUPPORT IT SHOULD CALL THE MINORITY LEADER'S OFFICE SO WE

CAN RECORD THEIR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN SUPPORT

OF THIS ITEM; HOWEVER, IF THERE ARE MEMBERS WHO WOULD LIKE TO BE AN

EXCEPTION, THEY SHOULD USE THE NUMBER THAT YOU PREVIOUSLY GAVE THEM,

CONTACT THE MAJORITY LEADER'S OFFICE AND WE'LL BE HAPPY TO RECORD THEIR

VOTE.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

APPLAUD THE SPONSOR FOR MOVING THIS BILL FORWARD. I HAVE STOOD NEXT TO

HER, SHOULDER-TO-SHOULDER, AND TALKED TO DOZENS OF WORKERS WHO AREN'T

GOING TO GET A NEW JOB, THIS IS THEIR CAREER. THE PEOPLE WHO LIVE IN THE

BUILDINGS, LIKE THE SPONSOR SAID, WANT THIS TO HAPPEN. IT IS SOMETHING

NYS ASSEMBLY JUNE 10, 2021

THAT WE WILL BRING PEOPLE INTO LIVING WAGES. THIS IS A CRITICAL IDEA FOR

MY COMMUNITY, FOR MY RESIDENTS AND NEIGHBORS. AND THIS IDEA THAT

WE'VE HEARD FROM OTHER MEMBERS AROUND PEOPLE LEAVING THE CITY AND

THE CITY SUFFERING, HE SHOULD JUST COME TO THE CITY AND COME INTO MY

DISTRICT AND SEE HOW LIVELY AND THRIVING THE CITY IS. THIS IS ONLY GOING

TO HELP FOR NEW YORKERS. IT'S GOING TO MAKE PEOPLE GET INTO THE -- THE

LIVE WAGE JOBS, IT'S GOING TO IMPROVE THE QUALITY OF LIFE FOR MILLIONS OF

NEW YORKERS AND I -- SORRY, THOUSANDS OF NEW YORKERS AND I WANT TO

APPLAUD THE SPONSOR. I ENCOURAGE PEOPLE TO VOTE IN FAVOR FOR THE BILL.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 13, RULES REPORT NO. 491, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07650, RULES REPORT

NO. 491, PICHARDO. AN ACT TO AMEND THE BANKING LAW, IN RELATION TO

REQUIRING A WRITTEN NOTIFICATION OF OVERDRAFT FEES CHARGED TO CERTAIN

ACCOUNT HOLDERS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,

2022.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 7650. THIS IS A PARTY VOTE. ANY

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

100

NYS ASSEMBLY JUNE 10, 2021

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

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS THAT

WILL, I HOPE, BE CAREFULLY ARTICULATED BY MY COLLEAGUE IN A MOMENT.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, OUR

COLLEAGUES WILL GENERALLY BE IN THE AFFIRMATIVE ON THIS ONE; HOWEVER,

THERE MAY BE A FEW MEMBERS WHO WOULD LIKE TO BE AN EXCEPTION. THEY

SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL

RECORD THEIR VOTE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, BOTH.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER, BRIEFLY TO

EXPLAIN MY VOTE AND I THINK ALSO THE CONFERENCE POSITION. THIS IS

ANOTHER ONE OF THOSE BILLS -- AT THE RISK OF SOUNDING LIKE A BROKEN

RECORD, THIS IS ANOTHER ONE OF THOSE BILLS THAT PLACES ANOTHER BURDEN ON

STATE-CHARTERED BANKS, WHICH WE KNOW, BECAUSE I KEEP TELLING YOU,

THERE AREN'T THAT MANY IN THE STATE, BUT THEY'RE GENERALLY THE SMALLER

ONES, THEY'RE MORE THE COMMUNITY BANKS. THEY'VE ALREADY GOT A LOT OF

REQUIREMENTS ON THEM.

THIS BANK -- THIS BILL, RATHER, REQUIRES NEW

YORK-CHARTERED FINANCIAL INSTITUTIONS TO GIVE ANOTHER REQUIRED NOTICE TO

INCLUDE DATES AND AMOUNTS OF OVERDRAFT FEES, THE TOTAL AMOUNT CHARGED,

101

NYS ASSEMBLY JUNE 10, 2021

INFORMATION ON THE CUSTOMER'S ABILITY TO NEGOTIATE FEES, AND A TELEPHONE

NUMBER OF CONTACT INFORMATION. SO IT'S JUST -- IT'S JUST ANOTHER

REGULATION THAT'S BEING PUT ON THESE SMALL BANKS. AND JUST ALSO TO SAY,

NOT FOR NOTHING, THAT THE FEDERAL REGULATIONS ALREADY REQUIRE THIS TYPE OF

NOTIFICATION. AND FOR THOSE REASONS, THE INDEPENDENT BANKERS

ASSOCIATION, THE NEW YORK CREDIT UNION ASSOCIATION OPPOSE IT,

BASICALLY SAYING THAT THE EXISTING FEDERAL LAW ALREADY REQUIRES

CONSUMERS TO BE GIVEN NOTICE OF OVERDRAFT FEES. THIS BILL WOULD BE AN

UNNECESSARY BURDEN, WITH WHICH FEDERAL FINANCIAL INSTITUTIONS WOULD

NOT NEED TO COMPLY. THEREFORE, I'M VOTING IN THE NEGATIVE AND I WOULD

ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 14, RULES REPORT NO. 513, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07761-A, RULES

REPORT NO. 513, ABINANTI, GALEF. AN ACT TO AMEND THE ELECTION LAW,

IN RELATION TO WRITE-IN BALLOTS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

(PAUSE)

MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. WILL THE

102

NYS ASSEMBLY JUNE 10, 2021

SPONSOR YIELD FOR A COUPLE QUESTIONS?

ACTING SPEAKER AUBRY: MR. ABINANTI, WILL

YOU YIELD?

MR. ABINANTI: YES, MR. SPEAKER, GLADLY.

MR. NORRIS: MR. ABINANTI, WHAT IS THE PURPOSE OF

THIS BILL?

MR. ABINANTI: THE PURPOSE OF THIS BILL IS TO GIVE

THE PARTY THE RIGHT TO CONTROL ITS OWN PARTY LINE.

MR. NORRIS: THANK YOU. CAN YOU EXPLAIN THE

OPPORTUNITY TO BALLOT PROCESS AND WHAT YOU'RE TRYING TO CURTAIL UNDER

THE CURRENT LAW?

MR. ABINANTI: I'M SORRY, COULD YOU SPEAK INTO THE

MICROPHONE?

MR. NORRIS: CAN YOU PLEASE EXPLAIN THE

OPPORTUNITY TO BALLOT PROCESS AS IT IS RIGHT NOW AND HOW YOU'RE TRYING

TO CURTAIL THE CURRENT LANGUAGE?

MR. ABINANTI: UNDER THE EXISTING LAW, PARTY

MEMBERS CAN CIRCULATE A PETITION AND REQUEST THAT THE BOARD OF

ELECTIONS CONDUCT A PRIMARY ELECTION IN A PARTICULAR PARTY WITH NO

NAMES ON THE BALLOT.

MR. NORRIS: SO THEY COULD WRITE IN. SO

INDIVIDUALS WILL SIGN AN OTB PETITION, MEMBERS OF THE PARTY SAYING, I

WOULD LIKE AN OPPORTUNITY TO WRITE IN A CANDIDATE; WOULD THAT BE

CORRECT?

MR. ABINANTI: THAT IS CORRECT.

103

NYS ASSEMBLY JUNE 10, 2021

MR. NORRIS: UNDER THE CURRENT LAW, DOES IT HAVE TO

BE A MEMBER OF THE PARTY WHO THEY -- THEY VOTE FOR?

MR. ABINANTI: UNDER THE CURRENT LAW, IT DOES NOT

HAVE TO BE. I THINK IF YOU TALK TO ONE OF YOUR COLLEAGUES FROM

ROCKLAND COUNTY WHEN HE WAS RUNNING FOR REELECTION, HE FOUND THAT HE

WAS IN THE MIDDLE OF A -- A PRIMARY FROM ONE OF THE MINOR LINES AND

ALMOST LOST THAT LINE BECAUSE SOMEBODY IN A DIFFERENT PARTY TRIED TO -- TO

ENTER INTO THAT OPPORTUNITY TO BALLOT AND TAKE THAT LINE AWAY FROM HIM.

MR. NORRIS: SO IF THE MEMBERS OF THE PARTY WITHIN

A JURISDICTION GATHER SIGNATURES FOR A WRITE-IN BALLOT, AND THEN THEY GO

TO THE POLLS AND THEY WOULD WRITE IN A CANDIDATE OF ANOTHER PARTY, UNDER

YOUR PROPOSED LEGISLATION, THAT WOULD DISQUALIFY THOSE VOTES OF PEOPLE

WHO WERE ACTUALLY CASTING BALLOTS FOR AN INDIVIDUAL?

MR. ABINANTI: THAT WOULD BE CONSISTENT WITH THE

PRESENT LAW IN WHICH WE ALLOW THE PARTY TO DETERMINE WHICH CANDIDATES

CAN RUN ON THEIR LINE. AT THE PRESENT TIME, THE -- THE PARTY CHAIRS ARE

ALLOWED TO AUTHORIZE A CANDIDATE WHO IS IN A DIFFERENT POLITICAL PARTY TO

RUN ON THEIR LINE. THIS CONCEPT OF ALLOWING SOMEBODY FROM A TOTALLY

DIFFERENT THIRD PARTY TO BE WRITTEN IN IS AN ABERRATION OF OUR ELECTION

LAW.

MR. NORRIS: TWO PARTS OF THAT. SO RIGHT NOW

SOMEONE CAN RECEIVE AN AUTHORIZATION IF THEY'RE NOT A MEMBER OF THE

PARTY BY THE PARTY LEADERSHIP, MEMBERS OF THAT PARTY --

MR. ABINANTI: CORRECT.

MR. NORRIS: OKAY. NOW, IF PARTY MEMBERS IN A

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PARTICULAR JURISDICTION CIRCULATE AN OTB PETITION, THEY GO TO THE BALLOT,

TO THE ELECTION BOOTH, THEY WRITE IN SOMEBODY WHO IS NOT A MEMBER OF

THEIR PARTY, EXERCISING THEIR FREEDOM OF POLITICAL ASSOCIATION, AND THAT

CANDIDATE WINS THE WRITE-IN. UNDER YOUR LANGUAGE, THOSE PARTY

MEMBERS WILL NOT BE ABLE TO SELECT THE CANDIDATE OF THEIR CHOOSING?

MR. ABINANTI: THIS PROVISION WOULD SAY THAT FOR

A PERSON TO WIN A PRIMARY WITHOUT A WILSON PAKULA, WITHOUT THE

PERMISSION OF THE PARTY LEADERSHIP, THEY HAVE TO BE A MEMBER OF THAT

POLITICAL PARTY.

MR. NORRIS: SO -- SO --

MR. ABINANTI: THE CONCEPT BEHIND THIS IS THAT

PEOPLE WHO ARE -- WHO ARE REPRESENTING A PARTY IN AN ELECTION, IN A

GENERAL ELECTION, SHOULD BE -- SHOULD HAVE A PHILOSOPHY CONSISTENT WITH

THE PARTY THEY'RE REPRESENTING. THAT'S PARTICULARLY IMPORTANT IN A TIME

WHEN WE'VE JUST RAISED THE -- THE BURDENS TO BECOME A POLITICAL PARTY.

SO WE'RE GIVING -- WHAT WE'RE DOING HERE IS EMPOWERING THE LEADERSHIP

OF POLITICAL PARTIES WHO ARE DOING THE WORK TO MAKE THAT A POLITICAL

PARTY AND TO KEEP IT AS A POLITICAL PARTY.

MR. NORRIS: SO TOM, WE'RE -- MR. ABINANTI --

MR. ABINANTI: SURE. TOM IS FINE.

MR. NORRIS: SO WE'RE IN VOTING PARTY LEADERSHIP,

BUT WE'RE NOT IN VOTING THE PEOPLE WHO ARE MEMBERS OF THAT PARTY WHO

LIVE IN THE JURISDICTION. SO IT'S OKAY FOR A PARTY CHAIRMAN AND EXECUTIVE

COMMITTEES TO SAY, OH, WE'RE GOING TO AUTHORIZE THE REPUBLICAN OR THE

DEMOCRAT, THAT'S FINE IF IT'S A MINOR PARTY, A PRIMARY. BUT IF THE VOTERS

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OF THAT DISTRICT WHO ENROLLED IN THAT PARTY, ARE MEMBERS OF THAT PARTY,

VOTE FOR A CANDIDATE WHO IS NOT A MEMBER OF THEIR PARTY, THEY'RE

DISQUALIFIED?

MR. ABINANTI: WELL, WE ARE -- IT'S CONSISTENT WITH

ELECTION LAW SECTION 16-110. IF YOU TAKE A LOOK THERE, THE CHAIRMAN

OF A COUNTY COMMITTEE OF ANY PARTY CAN CHALLENGE THE REGISTRATION OF A

VOTER IN THAT PARTY IF THEY ARE NOT SYMPATHETIC WITH THE PARTY PRINCIPLES.

SO THE CONCEPT IS, IS TO KEEP THE PARTY FOR PEOPLE WHO ARE SYMPATHETIC

WITH IT. IF IT'S -- IF IT'S A PARTY THAT -- THAT IS -- THAT IS PRO-BUSINESS AND

THEN A VERY POPULAR CANDIDATE, WHO IS, LET'S SAY, PRO-LABOR AND

ANTI-BUSINESS, LET'S TAKE THE EXTREMES, OKAY, BUT VERY POPULAR IN THAT

COMMUNITY, THEN GETS WRITTEN IN, IN THAT NOW YOU HAVE A PRO-BUSINESS

PARTY BEING REPRESENTED BY AN ANTI-BUSINESS CANDIDATE AND THAT COULD

COST THAT -- LET ME JUST FINISH -- THAT COULD COST THAT PARTY THE PARTY LINE

IN NOVEMBER BECAUSE THEY DON'T GET THE ONE HUNDRED AND -- WHAT IS IT,

150,000 VOTES THAT YOU NEED NOW.

MR. NORRIS: BUT, MR. ABINANTI, THE PEOPLE WHO

ARE VOTING IN THAT ELECTION WOULD BE MEMBERS OF THAT PARTY. THEY

SIGNED A VOTER REGISTRATION FORM BY THEIR FREEDOM OF THEIR POLITICAL

ASSOCIATION TO BE A MEMBER OF THAT PARTY, AND THEN THEY GO TO THE

VOTING BOOTH AND THEIR WRITE-IN FOR INDIVIDUAL WHO MAY NOT BE OF THAT

POLITICAL PARTY AND THEY WIN, THEY GET ENOUGH VOTES, A CANDIDATE WINS

WHO IS NOT A MEMBER OF THEIR PARTY; YET, THE PEOPLE WHO VOTED ARE

MEMBERS OF THAT PARTY AND THAT JURISDICTION, THEY'RE NOT GOING TO BE ABLE

TO BE ON THE LINE AFTER THE PEOPLE IN THAT DISTRICT VOTED FOR THEM?

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MR. ABINANTI: WELL, THIS WILL ALSO PREVENT THE

CIRCUMSTANCES WHERE YOU HAVE UNCONTESTED ELECTIONS BY CANDIDATES

WHO ARE SEEKING ALL OF THE LINES AND MAYBE POPULAR AMONG A SMALL

GROUP OF PEOPLE WHO ENROLL IN THE PARTY SPECIFICALLY FOR THE PURPOSES OF

THAT PRIMARY. WE KNOW THAT IN MANY PLACES, WHETHER IT'S NEW YORK

CITY OR UPSTATE, THE PRIMARY TURNOUT FOR SMALLER DISTRICTS IS -- IS -- IS

MINISCULE, AND IT'S POSSIBLE FOR A FEW PEOPLE TO REGISTER AND THEN TAKE

OVER THAT PARTY AND ARE NOT REALLY MEMBERS OF THAT PARTY. THAT'S WHY

WE HAVE THIS --

MR. NORRIS: BUT THEY ARE MEMBERS OF THAT PARTY.

THE CHECKED THEIR VOTER REGISTRATION CARD AND THEY SIGNED IT AND THEY

SAID, I'M A MEMBER OF - I'LL USE AN EXAMPLE, THE CONSERVATIVE PARTY, I

CAN SAY THE WORKING FAMILIES PARTY, WHATEVER - I'M A MEMBER OF THAT

PARTY, I WANT TO DO AN OPPORTUNITY TO BALLOT TO WRITE IN FOR A

REPUBLICAN, FOR A DEMOCRAT, FOR SOMEONE WHO IS A DIFFERENT PARTY, AND

THEY GET ENOUGH VOTES, THAT NON-PARTY MEMBER, TO RECEIVE THEIR LINE,

LIKE SOME OF US RECEIVE AUTHORIZATIONS, I RECEIVE THE AUTHORIZATION OFTEN

FOR THE CONSERVATIVE LINE TO BE ON THE CONSERVATIVE LINE. OTHER

MEMBERS OF THIS BODY RECEIVE AUTHORIZATIONS TO BE ON A PARTICULAR LINE,

BUT THE VOTERS IN THAT JURISDICTION SAY, I WANT THIS CANDIDATE TO BE ON

THE BALLOT IN THE GENERAL ELECTION, THEY'RE GOING TO BE DISQUALIFIED?

MR. ABINANTI: THE PURPOSE OF THIS IS TO KEEP THE

PARTY IN THE CONTROL OF THOSE PEOPLE WHO HAVE BEEN WORKING REALLY HARD

TO MAKE IT A PARTY, AND IT'S -- IT'S A VALUABLE LINE THESE DAYS, WHICHEVER

MINOR PARTY YOU'RE TALKING ABOUT, AND THE PARTY CHAIRS HAVE THE

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RESPONSIBILITY TO RUN THE PARTY AND PUT CANDIDATES UP WHO ARE

CONSISTENT WITH THE PHILOSOPHY OF THE PARTY. THEY SPEND A LOT OF TIME

INTERVIEWING CANDIDATES. THEY SPEND A LOT OF TIME GETTING THEM ON THE

BALLOT WITH PETITIONS --

MR. NORRIS: OH I KNOW, I WAS A PARTY CHAIR.

MR. ABINANTI: -- AND WE'RE FINDING MORE AND

MORE PEOPLE ARE CHANGING PARTIES FOR THE PURPOSES OF SABOTAGING THE

OTHER -- THE OTHER POLITICAL PARTY.

MR. NORRIS: YOU KNOW, I FIND IT VERY IRONIC

THOUGH THAT THE EXECUTIVE COMMITTEE OR A COUNTY CHAIRMAN OF A

COMMITTEE CAN SAY, OH, WE WANT TO BLESS THIS PARTICULAR PERSON, PUT

YOU ON THE BALLOT IF YOU'RE NOT A MEMBER OF OUR PARTY, THE LEADERSHIP OF

THE PARTY CAN DO THAT, BUT THEN WHAT VOTERS OF THE JURISDICTION GO IN AND

DO A WRITE-IN PETITION AND EXERCISE THEIR FREEDOM OF POLITICAL

ASSOCIATION AND THEN EXERCISE THEIR FIRST AMENDMENT RIGHT TO VOTE AND

THEY VOTE FOR A CANDIDATE WHO IS NOT A MEMBER OF THAT POLITICAL PARTY,

AND THAT PERSON WINS, THE (INAUDIBLE) IS GOING TO SAY, NO, NO. YOU CAN'T

HAVE THAT LINE AFTER YOU WIN THE ELECTION AND THE VOTERS OF THAT DISTRICT

WHO ARE MEMBERS OF THAT PARTY BY THEIR POLITICAL ASSOCIATION SAY, I WANT

THIS CANDIDATE WHO MIGHT NOT BE A MEMBER OF MY PARTY, WE SAY IT'S NOT

OKAY BECAUSE THE PARTY LEADERSHIP DID NOT BLESS IT, BECAUSE THERE MIGHT

BE DISPUTES WITHIN PARTY LEADERSHIP ALL AROUND THE -- THE STATE. IT COULD

BE EVERYWHERE, IN BOTH PARTIES, IN ALL PARTIES. BUT THE PEOPLE OF THAT

DISTRICT SHOULD HAVE AN OPPORTUNITY TO EXERCISE THEIR CONSTITUTIONAL

RIGHT AND SAY, WE WANT TO SELECT OUR OWN CANDIDATE. AND THAT'S MY

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POINT BECAUSE I DON'T THINK IT'S FAIR TO PEOPLE WHO ACTUALLY SIGN THE

PETITION -- FIRST OF ALL, THEY REGISTER TO VOTE IN THAT PARTY. THEY SIGN THE

FORM. THEN THEY SIGN THE PETITION AND THEY SAY, I WANT TO HAVE A

WRITE-IN -- OPPORTUNITY TO WRITE IN THE CANDIDATE OF MY CHOOSING, AND

THEN THEY ACTUALLY VOTE FOR HIM, THE CANDIDATE GETS THE MOST VOTES BUT

BECAUSE THEY'RE NOT A MEMBER OF THE PARTY, THEY CAN'T BE ON THE LINE OF

THE GENERAL ELECTION. I DON'T THINK THAT'S FAIR, I DON'T THINK IT'S

CONSTITUTIONAL, AND I HAVE GOT SERIOUS CONCERNS ABOUT IT. BUT IF YOU

WANT TO ADDRESS ANYTHING, I'M SURE --

MR. ABINANTI: I THINK WE HAVE A DIFFERENT POINT OF

VIEW HERE. I THINK WE HAVE A DIFFERENT PHILOSOPHY. AS -- AS I SAID

BEFORE, GIVEN THE FACT THAT WE'VE MADE IT VERY DIFFICULT TO ESTABLISH A

POLITICAL PARTY AND IT NOW TAKES A LOT OF WORK BY SOME -- BY SOME

PEOPLE, WHICHEVER -- WHEREVER THEY ARE IN THE POLITICAL SPECTRUM, AND IT

TAKES A LOT OF WORK TO MAINTAIN THAT PARTY. THEY HAVE TO HAVE 150,000

SIGNATURES I BELIEVE THE NUMBER IS NOW, AND IT'S REALLY NOT FAIR TO THEM

OR THE PEOPLE WHO'VE WORKED FOR THAT PARTY TO FIND THAT SOMEONE COMES

ALONG WITH A SURPRISE AND SABOTAGES THEIR EFFORTS BY PUTTING UP A

CANDIDATE WHO CANNOT WIN ON THAT LINE.

MR. NORRIS: BUT, MR. ABINANTI, I DON'T UNDERSTAND

MR. ABINANTI: AND SO THE END RESULT IS ALL OF THEIR

WORK HAS BEEN SABOTAGED --

MR. NORRIS: I DON'T UNDERSTAND THE WORD

SABOTAGED.

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MR. ABINANTI: -- AND THERE'S NO REAL CONTEST IN

NOVEMBER BECAUSE THAT PARTY CANDIDATE IS NOT REAL.

MR. NORRIS: I DON'T UNDERSTAND THE WORD SABOTAGE.

THESE PEOPLE HAVE CHOSEN TO BE IN THIS PARTY, THEN THEY CIRCULATE A

PETITION, OR SOMEONE DOES, AT LEAST THE SIGN THE PETITION SAYING -- OR

MEMBERS OF THE PARTY TO QUALIFY TO HAVE AN OPPORTUNITY TO BALLOT, THEN

THEY GO VOTE AS A MEMBER OF THAT PARTY, FOR SOMEONE WHO MAY NOT BE

OF THE PARTY LIKE WE AUTHORIZE ALL THE TIME FOR PEOPLE TO BE IN OTHER

PARTIES. AND THEN THEY WIN, BUT THE STATE LEGISLATURE SAYS, NO, WE

CAN'T -- CAN'T LET YOU HAVE THE BALLOT.

MR. ABINANTI: BUT -- BUT -- BUT LET ME MAKE

ANOTHER POINT ON THIS. THE PARTY MEMBERS CHOOSE THE LEADERSHIP AND

THEY EMPOWER THAT LEADERSHIP TO GIVE THE AUTHORIZATION TO CANDIDATES TO

RUN. WHETHER THEY'RE CANDIDATES WHO ARE MEMBERS OF THE PARTY, OR

WHETHER THEY'RE CANDIDATES WHO ARE IN A DIFFERENT POLITICAL PARTY BUT

WHOSE PHILOSOPHY IS CONSISTENT WITH THE POLITICAL PARTY THAT WE'RE

TALKING ABOUT. AND WHAT WE'RE DOING HERE IS CONSISTENT WITH THE

ELECTION LAW. AS I SAID, SECTION 16-110, SUBDIVISION 2, ALREADY

EMPOWERS THE COUNTY COMMITTEE TO QUESTION THE ENROLLMENT OF

MEMBERS IN A POLITICAL PARTY, AND THIS IS JUST CONSISTENT WITH WHAT

APPEARS TO BE AN ABERRATION. IT ALLOWS THE -- IT'S CONSISTENT WITH THIS

AND SAYING THAT PARTY CHAIRS CAN CHOOSE CANDIDATES OTHER THAN PARTY

MEMBERS.

MR. NORRIS: YES. YOU KNOW WHAT --

MR. ABINANTI: LOOK, IF PARTY MEMBERS ARE UPSET

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WITH A CANDIDATE THAT THEIR PARTY LEADERSHIP HAS CHOSEN, THEY CAN GET A

PARTY MEMBERSHIP TO -- TO -- A PARTY MEMBER TO RUN IN THE PRIMARY

WITHOUT ANY QUESTION.

MR. NORRIS: I -- I UNDERSTAND YOUR POINT ABOUT THE

PARTY CHAIRMAN AND EXECUTIVE COMMITTEE HAVING THE AUTHORIZATION

ABILITY. I WAS A COUNTY CHAIRMAN. BUT I ALSO UNDERSTAND THE PEOPLE

WHO LIVE IN THAT DISTRICT WHO HAS POTENTIAL DISAGREEMENTS WITH THEIR

LEADERSHIP. YOU KNOW, YOU ELECT A --

MR. ABINANTI: WELL, THEN THEY SHOULD CHANGE THE

LEADERSHIP IF THERE'S DISAGREEMENTS WITH THE LEADERSHIP.

MR. NORRIS: IF YOU -- IF YOU -- IF YOU ELECT A

CHAIRMAN OF A COUNTY, AND SOME OF THEM ARE VERY BIG, RIGHT, AND YOU

REPRESENT A LITTLE TOWN, A SMALLER TOWN IN A PARTICULAR AREA, AND YOU

DIDN'T EVEN VOTE FOR THAT CHAIRMAN AND THEY DON'T AUTHORIZE YOUR SLATED

CANDIDATES. AT LEAST THE PEOPLE OF THAT PARTY AND THAT JURISDICTION

SHOULD HAVE THE OPPORTUNITY TO BE HEARD AND HAVE AN OPPORTUNITY TO

SELECT THE CANDIDATE WHO MAY NOT BE A MEMBER OF THEIR PARTY. JUST LIKE

THE PARTY CHAIRMAN SAID, OH, IT'S OKAY FOR YOU IF YOU'RE NOT A MEMBER OF

THE PARTY TO BE ON THERE.

SO MR. ABINANTI, WE'RE GOING TO DISAGREE ON THIS. LET

ME JUST GO ON THE BILL. I KNOW IT'S GOING TO BE A LONG DAY HERE IN THE

CHAMBER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. NORRIS: THANK YOU VERY MUCH, MR. SPEAKER.

I WANT TO THANK THE SPONSOR FOR A VERY SPIRITED DEBATE. I THINK DEBATE IS

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ALWAYS VERY GOOD. AND WHAT I HAVE A VERY SERIOUS CONCERN ABOUT ARE

THE CONSTITUTIONAL RAMIFICATIONS FOR THIS. THERE IS A POTENTIAL VIOLATION

OF THE CONSTITUTIONAL RIGHTS OF POLITICAL ASSOCIATION, OF INDIVIDUALS WHO

CHOOSE TO BE IN A POLITICAL PARTY AND THEN SIGN A PETITION AND THEN GO

AND VOTE AND THEN A CANDIDATE MAY NOT -- MAY WIN WHO IS NOT A

MEMBER OF THEIR PARTY, BUT THEY'RE NOT GOING TO BE ALLOWED TO BE ON THE

BALLOT AFTER THE VOTERS IN THAT DISTRICT WHO ARE ENROLLED IN THAT PARTY

SAID, I WANT CANDIDATE X TO BE ON THAT PETITION, OR TO BE ON THAT BALLOT.

AND I JUST THINK THAT IS TRAMPLING ON OUR CONSTITUTIONAL RIGHTS, OUR

FREEDOM OF SPEECH, OUR FREEDOM OF POLITICAL ASSOCIATION, AND I DO HOPE

ONE DAY IF THIS IS EVER CHALLENGED IN COURT THAT THEY'LL PULL THE

LEGISLATIVE HISTORY AND PULL THE DISCUSSION OF THIS BILL RIGHT NOW AND

PLEASE EXAMINE IT VERY CAREFULLY. BECAUSE IT'S OKAY FOR A PARTY

CHAIRMAN OR A PARTY EXECUTIVE COMMITTEE, AND AS I SAID, I WAS ONE, TO

GIVE A BLESSING, BUT IT'S NOT OKAY FOR THE MEMBERS WHO LIVE WITHIN A

PARTICULAR JURISDICTION TO DO THE SAME. IT'S NOT FAIR. IT'S AGAINST THE

EQUAL PROTECTION CLAUSE IN MY OPINION, IT'S ALSO AGAINST THE ASSOCIATION

OF POLITICAL SPEECH. THANK YOU VERY MUCH, AND I WILL BE IN THE

NEGATIVE AND I ENCOURAGE ALL MY COLLEAGUES TO DO THE SAME. THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. LAWLER.

MR. LAWLER: THANK YOU. WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ABINANTI, WILL

YOU YIELD?

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MR. ABINANTI: YES, MR. SPEAKER, I WOULD YIELD.

MR. LAWLER: THANK YOU, SIR. ARE THERE ANY

REQUIREMENTS WHEN A VOTER CHOOSES TO REGISTER WITH A POLITICAL PARTY?

DO THEY HAVE TO MEET ANY STANDARD TO REGISTER WITH THE POLITICAL PARTY?

DO THEY HAVE TO SUBSCRIBE TO CERTAIN PHILOSOPHIES OR POLICY POSITIONS,

OR CAN THEY JUST CHOOSE ON THEIR OWN TO IDENTIFY WITH A POLITICAL PARTY?

MR. ABINANTI: THEY CAN CHOOSE ON THEIR OWN TO

IDENTIFY WITH A PARTY, BUT THAT'S WHY THE PARTY ITSELF HAS THE OPPORTUNITY

TO CHALLENGE THE ENROLLMENT OF VOTERS. I MEAN, THERE WAS A LAWSUIT IN

WESTCHESTER COUNTY NOT LONG AGO DEALING WITH THE INDEPENDENCE

PARTY -- I'M SORRY, WITH THE REFORM PARTY, WHERE A WHOLE GROUP OF

VOTERS FROM ONE ESTABLISHED POLITICAL PARTY DECIDED TO CHANGE THEIR --

THEIR PARTY ENROLLMENTS AND GO TO THE OTHER PARTY FOR THE PURPOSES OF

TAKING OVER THAT PARTY.

MR. LAWLER: MM-HMM.

MR. ABINANTI: AND THE COURT THREW OUT A LOT OF

THOSE ENROLLED VOTERS AND SAID THEY WERE NOT CONSISTENT WITH THE -- THE

PHILOSOPHY OF THAT PARTY AND WERE DOING IT SOLELY FOR THE PURPOSE OF

RAIDING THAT PARTY.

MR. LAWLER: SO -- OKAY. SO FOR INSTANCE, DO YOU

THINK THE DEMOCRATIC PARTY SHOULD BE ABLE TO THROW OUT DEMOCRATIC

SOCIALISTS OF AMERICA OUT OF THE DEMOCRATIC PARTY?

MR. ABINANTI: I'M NOT GOING TO GET INVOLVED IN

WHICH -- WHICH WHEEL OF THE PARTY WE LIKE AND DON'T LIKE, AND I BELIEVE

THAT IF PEOPLE ARE SUBSCRIBED TO THE GENERAL PRINCIPLES OF THE

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DEMOCRATIC PARTY, THEY'RE WELCOME IN THE DEMOCRATIC PARTY.

MR. LAWLER: SO YOU LIKE -- YOU LIKE A BIG TENT

APPROACH.

MR. ABINANTI: WE LIKE A BIG TENT APPROACH.

MR. LAWLER: SO YOU DON'T HAVE TO SUBSCRIBE TO A

SPECIFIC PHILOSOPHY, CORRECT?

MR. ABINANTI: THAT WOULD BE MY -- MY FEELING,

BUT WE --

MR. LAWLER: OKAY.

MR. ABINANTI: -- ALSO WANT TO MAKE SURE THAT

PEOPLE ARE DEMOCRATS AND BELIEVE IN THE GENERAL PRINCIPLES OF THE

DEMOCRATIC PARTY.

MR. LAWLER: OKAY. I'LL LEAVE THAT THERE, BECAUSE

THAT COULD GO VERY -- VERY FAR OFF COURSE. DO YOU BELIEVE THAT A PARTY

BOSS SHOULD HAVE MORE SAY OVER WHO THE CANDIDATE AND, ULTIMATELY, THE

ELECTED OFFICIAL IS THAN THE VOTERS OF THAT PARTY AND/OR DISTRICT?

MR. ABINANTI: I DON'T THINK THAT A -- A -- A PARTY

LEADER HAS MORE SAY BECAUSE A PARTY LEADER IS ELECTED BY THE PEOPLE

WHO ARE INVOLVED IN THAT PARTY AND LIVE LOCALLY. AND SO THEY EMPOWER

THE POWER LEADER --

MR. LAWLER: MR. ABINANTI.

MR. ABINANTI: -- TO ISSUE WHAT WE CALL A WILSON

PAKULA TO ALLOW CANDIDATES TO --

MR. LAWLER: MR. ABINANTI, DOES -- DO -- DO THE

VOTERS OF A SPECIFIC SUBSET GET TO CHOOSE THE PARTY BOSS, OR IS IT CHOSEN

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BY THE COMMITTEE MEMBERS OF A SPECIFIC SUBSET?

MR. ABINANTI: WELL, THE COMMITTEE MEMBERS ARE

ELECTED FROM THEIR OWN ELECTION DISTRICTS, SO THEY ARE REPRESENTATIVES

AND THEN THEY ELECT THE NEXT LINE OF -- OF LEADERS --

MR. LAWLER: DO THE RANK AND FILE VOTERS VOTE FOR

A POLITICAL PARTY BOSS?

MR. ABINANTI: THEY VOTE FOR THEIR OWN

REPRESENTATIVE, JUST LIKE WE HAVE HERE. OUR VOTERS DON'T GET TO VOTE

WHO IS SPEAKER OF THE ASSEMBLY, THEY GET TO VOTE FOR US AND THEN WE

CHOOSE WHO IS SPEAKER.

MR. LAWLER: AND YET THE SPEAKER DICTATES THE

RULES, RIGHT.

MR. ABINANTI: THE SPEAKER, IN CONNECTION WITH

THE REST OF THE CAUCUS.

MR. LAWLER: SO YOUR -- YOUR BELIEF -- YOUR BELIEF

IS THAT THE PARTY BOSS SHOULD DICTATE THE PROCESS AND THE RULES AND WHO

THE CANDIDATE IS RATHER THAN THE VOTERS AND THE PEOPLE.

MR. ABINANTI: WELL, YOU'RE ASSUMING THAT THE

PARTY RULES ALLOW ONE PERSON TO MAKE THE DETERMINATION. MY

UNDERSTANDING OF THE WAY THE FOUR MAJOR POLITICAL PARTIES NOW WORK IS

THAT THERE ARE RULES THAT ARE SET UP ESTABLISHED BY THE CONFERENCES OR

CONVENTIONS AND THAT ALLOWS --

MR. LAWLER: EACH PARTY HAS THEIR OWN RULES.

MR. ABINANTI: CORRECT.

MR. LAWLER: I'M NOT INTERESTED IN LITIGATING THEIR

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RULES.

MR. ABINANTI: BUT THEY USUALLY ALLOW AND REQUIRE

A -- A DETERMINATION BY AN EXECUTIVE COMMITTEE.

MR. LAWLER: GREAT. HERE'S -- HERE'S A QUESTION.

ON THE WILSON PAKULA, GENERALLY SPEAKING, IS IT THE COUNTY CHAIR AND/OR

THE STATE CHAIR IN THESE MINOR PARTIES WHO MAKE THE WILSON PAKULA

AUTHORIZATIONS?

MR. ABINANTI: WELL, I CAN ONLY SPEAK TO THE

DEMOCRATIC PARTY AND IN THE DEMOCRATIC PARTY, IT'S THE LOCAL COMMITTEE.

SO IT WOULD BE THE TOWN COMMITTEE OR A VILLAGE COMMITTEE --

MR. LAWLER: RIGHT.

MR. ABINANTI: -- THAT'S -- THAT'S QUITE LOCAL.

MR. LAWLER: BUT THIS IS REALLY FOCUSED ON MINOR

PARTIES, IT'S NOT REALLY FOCUSED ON THE MAJOR POLITICAL PARTIES. SO DO THE

MINOR PARTIES, IS IT THE COUNTY CHAIR AND THE STATE CHAIR GENERALLY WHO

ARE ISSUING THE WILSON PAKULA?

MR. ABINANTI: I -- I'M NOT FAMILIAR ENOUGH WITH

THE -- WELL, FIRST OF ALL, WHICH ONES ARE YOU CONSIDERING MINOR PARTIES?

MR. LAWLER: WELL, THERE'S ONLY -- THERE'S ONLY

FOUR PARTIES LEFT, SO THE WORKING FAMILIES AND THE CONSERVATIVE PARTY.

MR. ABINANTI: I -- IN MY MIND THERE'S ONLY ONE

MAJOR PARTY, BUT THAT'S ANOTHER... AT ANY RATE. THE -- I'M NOT FAMILIAR

WITH THE RULES OF THE OTHER THREE PARTIES OTHER THAN THE DEMOCRATIC

PARTY.

MR. LAWLER: AND YET, YOU'RE TRYING TO LEGISLATE ON

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IT, SO THAT'S INTERESTING.

MR. ABINANTI: NO, WE'RE JUST TRYING TO -- WE'RE

JUST TRYING TO CONTINUE WHAT THE ELECTION LAW ALREADY PROVIDES FOR.

MR. LAWLER: OKAY. SO THE COUNTY CHAIR AND/OR

THE STATE CHAIR GENERALLY CONTROLS THE WILSON PAKULA FOR BOTH THE

WORKING FAMILIES AND THE CONSERVATIVE PARTY, WE CAN AGREE UPON THAT.

MR. ABINANTI: I'LL TAKE YOUR WORD FOR IT, I DON'T

KNOW FOR SURE.

MR. LAWLER: THE BOTTOM LINE -- THE BOTTOM LINE IS

YOUR BELIEF UNDER THIS BILL IS THAT THE COUNTY CHAIR AND/OR THE STATE CHAIR

SHOULD HAVE TOTAL SAY OVER WHAT GOES ON IN A DISTRICT, WHETHER IT'S AN

ASSEMBLY DISTRICT OR A LOCAL TOWN DISTRICT, THAT'S -- THAT'S YOUR BELIEF,

THAT'S WHAT THIS BILL WILL DO.

MR. ABINANTI: LET ME JUST GO BACK TO MY OWN

HISTORY. I REMEMBER WHEN I RAN FOR THE STATE SENATE MANY YEARS AGO

AGAINST AN INCUMBENT SENATOR, WE LITERALLY HAD CONVENTIONS OF

HUNDREDS OF PEOPLE TO DETERMINE WHICH ONE OF US WOULD GET THE

WILSON PAKULA FROM THE GREEN PARTY, AND ALSO FROM THE INDEPENDENCE

PARTY. SO IN THAT CASE --

MR. LAWLER: WHO -- WHO GOT IT?

MR. ABINANTI: WELL, SINCE YONKERS PUT ITS VOTES

AFTER GREENBURGH DID, NICK SPANO GOT THE ENDORSEMENT.

MR. LAWLER: OKAY. AND DID YOU TRY TO DO AN

OTB?

MR. ABINANTI: WE DID NOT.

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MR. LAWLER: OKAY. DO WE HAVE A CLOSED PRIMARY

SYSTEM IN NEW YORK STATE?

MR. ABINANTI: I'M NOT SURE -- FAMILIAR WITH THE

TERM CLOSED PRIMARY.

MR. LAWLER: CLOSED PRIMARY MEANING YOU HAVE

TO BE A REGISTERED MEMBER OF THAT PARTY TO VOTE IN THAT PRIMARY. IN

OTHER WORDS, AS A REPUBLICAN I CAN'T VOTE IN THE DEMOCRATIC PRIMARY,

CORRECT?

MR. ABINANTI: THAT IS CORRECT.

MR. LAWLER: OKAY.

MR. ABINANTI: UNLESS YOU CHANGE YOUR PARTY AND

WE HAVE ELIMINATED ALL OF THE --

MR. LAWLER: YEAH, I'M NOT TALKING ABOUT CHANGE

OF ENROLLMENT --

MR. ABINANTI: NOW YOU CHANGE IT TO --

MR. LAWLER: -- I'M SPECIFICALLY TALKING ABOUT IF

YOU ARE A MEMBER OF A DIFFERENT PARTY, YOU CANNOT VOTE IN ANOTHER

PARTY'S PRIMARY.

MR. ABINANTI: IF YOU ARE ENROLLED IN A POLITICAL

PARTY BY A CERTAIN DATE, THEN YOU CAN VOTE IN THE PRIMARY.

MR. LAWLER: WE'RE NOT TALKING ABOUT CHANGING,

TOM, I'M TALKING SPECIFICALLY ABOUT IF YOU ARE IN A PARTY. SO IF A -- IF

THERE'S A PRIMARY AND THE VOTERS WITHIN THAT POLITICAL PARTY CIRCULATE A

PETITION TO ALLOW FOR AN OPPORTUNITY TO BALLOT BECAUSE THEY DON'T LIKE

THE CANDIDATE THAT THE PARTY BOSS CHOSE, OKAY, AND THEY CIRCULATE THEIR

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PETITION AND THEY WRITE IN A CANDIDATE, WHY IS IT THAT THE PARTY BOSS CAN

PICK SOMEBODY WHO IS NOT A REGISTERED MEMBER OF THAT PARTY TO RUN ON

THAT LINE, BUT THE VOTERS OF THAT PARTY CANNOT PICK SOMEBODY WHO IS NOT

A REGISTERED MEMBER OF THAT PARTY TO RUN ON THAT LINE? WHY -- WHY ARE

YOU PUTTING SO MUCH FAITH AND TRUST IN THE PARTY BOSS OVER THE VOTERS

WHO HAVE ALL CHOSEN TO BE A REGISTERED MEMBER OF THAT PARTY, WHETHER

YOU LIKE THEIR RATIONALE OR NOT, WHETHER YOU THINK THEY SUBSCRIBE TO THE

PHILOSOPHY THAT YOU THINK IS APPROPRIATE FOR THAT PARTY OR NOT, WHY ARE

YOU PUTTING MORE FAITH IN THE PARTY BOSS THAN THE VOTERS?

MR. ABINANTI: BECAUSE THE MEMBERS OF THAT PARTY

HAVE AGREED TO THE PARTY RULES WHICH EMPOWER THEIR LEADERSHIP.

MR. LAWLER: NO THEY HAVEN'T.

MR. ABINANTI: WELL, ALLOW ME TO FINISH.

MR. LAWLER: -- NO THEY HAVEN'T.

MR. ABINANTI: ALLOW ME TO FINISH. THERE ARE --

THERE ARE PARTY RULES IN PLACE THAT HAVE TO BE FILED WITH THE BOARD OF

ELECTIONS AND THAT CAN BE CHANGED YEAR AFTER YEAR. THE PARTY

COMMITTEES --

MR. LAWLER: SO RANK AND FILE VOTERS CAN GO OBJECT

TO THE PARTY RULES?

MR. ABINANTI: MAY I -- MAY I JUST -- JUST FINISH?

SO RANK AND FILE VOTERS, WHEN THEY SELECT THEIR DISTRICT LEADERS, THEIR

COUNTY COMMITTEE MEMBERS ARE CHOOSING ONE PARTICULAR PHILOSOPHY OR

ONE SLATE OF CANDIDATES OR ANOTHER. ISN'T THAT WHY WE'RE HAVING AND

WE'RE SEEING OVER AND OVER AGAIN SO MANY CONTESTING SLATES IN THE -- IN

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THE INDEPEND -- IN THE, WELL, IN THE CONSERVATIVE PARTY AND IN THE

WORKING FAMILIES PARTY NOW? YOU'RE SEEING CONTESTING SLATES FOR

COUNTY COMMITTEE MEMBERS WHO ARE SUPPORTING DIFFERENT WINGS OF

THEIR PARTY. AND WHEN ONE PARTY -- ONE SIDE WINS, THEY THEN GET TO

SELECT THE LEADERS THERE AND THOSE LEADERS SELECT THE PEOPLE ABOVE THEM,

AND THEY SELECT THE PARTY RULES. SO ALL WE'RE DOING IS ENHANCING THE

PRESENT SYSTEM. WE'RE NOT CHANGING ANYTHING --

MR. LAWLER: OH, IT'S -- IT'S AN ENHANCEMENT ALL

RIGHT.

MR. ABINANTI: -- THAT'S INCONSISTENT WITH -- DOING

ANYTHING INCONSISTENT WITH THE ELECTION LAW.

MR. LAWLER: TOM, DO WE HAVE FUSION BALLOTING IN

NEW YORK STATE?

MR. ABINANTI: NO.

MR. LAWLER: WE DON'T HAVE FUSION BALLOTING?

MR. ABINANTI: I'M SORRY. WE DO HAVE FUSION

BALLOTING.

MR. LAWLER: OKAY. SO YOU CAN RUN ON MULTIPLE

LINES.

MR. ABINANTI: CORRECT.

MR. LAWLER: WHY DO WE HAVE FUSION BALLOTING IF

YOU'RE SO WORRIED ABOUT CANDIDATES WHO DON'T SUBSCRIBE TO THE

PHILOSOPHY OF ONE POLITICAL PARTY THAT -- OVER ANOTHER THAT THEY MAY BE

SEEKING A LINE, WHY NOT ELIMINATE FUSION BALLOTING?

MR. ABINANTI: I DON'T THINK THAT'S THE ISSUE BEFORE

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US.

MR. LAWLER: WELL, SURE IT IS BECAUSE YOU'RE TRYING

TO LIMIT THE ABILITY OF A CANDIDATE TO APPEAR ON ANOTHER LINE. SO WHY

NOT JUST ELIMINATE FUSION BALLOTING OUTRIGHT IF YOU BELIEVE THAT THAT

PARTY SHOULD ONLY NOMINATE CANDIDATES THAT ARE WITHIN THAT PARTY OR

WHO SUBSCRIBE TO THAT PHILOSOPHY?

MR. ABINANTI: THAT'S NOT WHAT I SAID.

MR. LAWLER: IT IS WHAT YOU SAID. IT IS WHAT YOU

SAID. DOES YOUR BILL SPEAK TO JUDICIAL ELECTIONS WHERE NO WILSON

PAKULA IS REQUIRED?

MR. ABINANTI: IT DOES COVER ALL ELECTION -- ALL

PRIMARY ELECTIONS.

MR. LAWLER: BUT JUDGES DON'T NEED A WILSON

PAKULA TO RUN ON A LINE, SO HOW DOES IT COVER -- HOW DOES IT COVER THAT?

MR. ABINANTI: IT DEALS WITH THE SECTION THAT TALKS

ABOUT PRIMARY UNCONTESTED AND OPPORTUNITY TO BALLOT. I WOULD READ THAT

TO COVER JUDGES, AS WELL.

MR. LAWLER: WELL, HOW? THEY -- THEY CAN GET ON

THE LINE, THEY DON'T -- THEY DON'T NEED TO. THEY DON'T NEED IT. YOUR --

YOUR PHILOSOPHY IS THAT THEY NEED A WILSON PAKULA TO RUN. OTHERWISE

THEY SHOULD NOT BE ALLOWED TO -- TO RUN ON THAT LINE.

(PAUSE)

ON THE BILL, MR. SPEAKER.

MR. ABINANTI: I'M GOING TO HAVE TO -- WE'RE GOING

TO HAVE TO GET AN ANSWER FOR YOU ON THAT, BUT I BELIEVE IT COVERS ALL

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PRIMARY ELECTIONS.

MR. LAWLER: OKAY.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. LAWLER: THIS IS NOTHING MORE THAN

INCUMBENCY PROTECTION. I FIND IT COMICAL, SO MANY PEOPLE IN THIS BODY

HAVE THEMSELVES RUN OPPORTUNITY TO BALLOTS WHEN THEY DIDN'T LIKE THE

DECISION OF A PARTY BOSS, BECAUSE IT NEVER SHOULD BE ABOUT THE PARTY

BOSS. IT SHOULD BE ABOUT THE PEOPLE AND THE VOTERS OF THE STATE OF NEW

YORK. VOTERS CHOOSE TO REGISTER WITH A POLITICAL PARTY. THEY SHOULD

HAVE THE OPPORTUNITY TO ULTIMATELY CHOOSE WHO THEIR CANDIDATE IS IN

THAT POLITICAL PARTY, NOT THE PARTY BOSSES. THE IDEA THAT WE ARE GOING TO

LIMIT THE ABILITY OF VOTERS TO CHOOSE WHO RUNS ON THEIR LINE IS REALLY A

SLAP IN THE FACE TO DEMOCRACY AND IT'S A SLAP IN THE FACE TO OUR ELECTORAL

PROCESS, AND WE SHOULD NOT BE LIMITING THE RIGHTS OF VOTERS AT THIS TIME.

SO I STRONGLY ENCOURAGE ALL OF MY COLLEAGUES, WHETHER

YOU'RE IN THE DEMOCRATIC PARTY OR THE REPUBLICAN PARTY, OR THE

INDEPENDENT AS WE HAVE IN THIS CHAMBER, TO SUPPORT DEMOCRACY AND TO

SUPPORT THE RIGHT OF THE VOTERS TO DECIDE WHO THEIR CANDIDATES ARE AND

NOT PARTY BOSSES. I WILL BE VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. ABINANTI, WILL

YOU YIELD?

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MR. ABINANTI: YES.

MR. RA: THANK YOU, MR. ABINANTI. SO JUST QUICKLY,

YOU KNOW, I CAME IN THE MIDST OF YOUR CONVERSATION WITH MR. NORRIS,

BUT JUST SO I HAVE THIS STRAIGHT. YOU KNOW, AND SOME OF US HAVE MAYBE

PARTICIPATED IN AN OPPORTUNITY TO BALLOT PROCESS, BUT WE'RE TALKING ABOUT

WHERE A CANDIDATE HAS GONE THROUGH THAT PROCESS, MEMBERS THAT ARE

ENROLLED IN THIS PARTICULAR PARTY HAVE NOW GONE TO THE POLLS, ARE -- ARE

BY ABSENTEE OR WHATEVER, WRITTEN IN A CANDIDATE'S NAME, CORRECT, AND

THEN THIS CANDIDATE HAS GOTTEN THE MOST VOTES, MORE VOTES THAN

WHOEVER THEY WERE RUNNING THE PRIMARY AGAINST, BUT UNDER THIS

LANGUAGE, THEY WOULD NOT BE ENTITLED TO THAT BALLOT LINE, IS THAT CORRECT?

MR. ABINANTI: THAT IS CORRECT.

MR. RA: SO -- AND I UNDERSTAND WHAT YOU'RE SAYING

ABOUT MEMBERS OF A PARTY HAVE PICKED A PARTY LEADERSHIP, BUT, YOU

KNOW, AS WE KNOW, ELECTIONS MANY TIMES ARE ABOUT TURNOUT AND

ENROLLED MEMBERS IN A PARTY, WE'RE SAYING ARE GOING TO GO VOTE - BLESS

YOU - ARE GOING TO HAVE GONE AND VOTED AND WE'RE NOT GOING TO

CONSIDER THE CANDIDATE WHO HAS GOTTEN THE MOST VOTES AS THE WINNER OF

THAT PRIMARY?

MR. ABINANTI: THIS SETS A QUALIFICATION TO BE

NOMINATED IN A PRIMARY. LET ME JUST CORRECT SOMETHING. STAFF SAYS THAT

THIS DOES NOT COVER JUDGES OR TOWN CAUCUSES.

MR. RA: WELL, JUDGES I BELIEVE ARE ENTITLED TO A

PRIMARY ANYWAY, I BELIEVE, RIGHT? ISN'T THAT -- I KNOW THAT'S OUTSIDE THE

SCOPE OF THIS BILL, BUT I BELIEVE THEY'RE ENTITLED TO A PRIMARY WITHOUT THE

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WILSON PAKULA PROCESS.

MR. ABINANTI: SO IT IS NOT THE INTENT -- IT IS NOT THE

INTENT TO EFFECT THAT SECTION OF LAW.

MR. RA: OKAY. THANK YOU, MR. ABINANTI.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: SO YOU KNOW, THE REASON WE HAVE -- AND

LOOK, WE CAN TALK FOR DAYS ABOUT SOME OF OUR LAWS WHICH ARE ARCHAIC

AND, YOU KNOW, BALLOT ACCESS ISSUES, BUT THE BOTTOM LINE IS AS LONG AS

WE HAVE -- UNLESS WE'RE GOING TO TAKE A REALLY HOLISTIC LOOK AT WHAT WE

HAVE, THIS IS A PROCESS BY WHICH -- LET'S NOT BE NA�VE. WE'RE ALL PEOPLE

WHO'VE HAD OUR NAME ON THE BALLOT THIS PAST NOVEMBER AND -- AND

PREVIOUS NOVEMBERS AND JUNES, YOU KNOW, WHEN YOU HAVE A PRIMARY

AND ALL OF THAT. AND, YOU KNOW, THERE'S DEALS INVOLVED, MAYBE TRADING

OFF OFFICES AND THINGS LIKE THAT, BUT THIS IS A PROCESS BY WHICH

SOMEBODY WHO -- YOU MAY BE RUNNING AGAINST SOMEBODY ON A BALLOT

LINE WHO IS NOT AN ENROLLED MEMBER OF THE PARTY WHOSE LINE YOU'RE

SEEKING. AND WHAT, TO ME, THIS BILL SAYS IS THAT PERSON, IF THEY GET THE

MOST VOTES, THEY GET TO STAY ON THAT BALLOT LINE BUT IF YOU GET THE MOST

VOTES BECAUSE THE PARTY BOSS DIDN'T PICK YOU, YOU DON'T GET TO HAVE THAT

BALLOT LINE. THAT JUST DOES NOT MAKE SENSE TO ME.

YOU KNOW, WE HAVE TO HAVE -- CERTAINLY THERE IS A

PROCESS WITH THE WILSON PAKULA THAT YOU'RE ABLE TO SELECT A CANDIDATE

WHO IS MAYBE -- WHO IS ENROLLED IN ANOTHER PARTY TO BE -- TO BE ON YOUR

BALLOT LINE AND HOPEFULLY IT'S BECAUSE, YOU KNOW, THEY -- YOU FEEL THEY

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-- THEY HAVE THE SAME IDEALS AS YOUR PARTY OR, YOU KNOW, THAT CANDIDATE

IS -- IS -- YOU THINK IS THE BEST CHOICE RATHER THAN THE PARTY RUNNING THEIR

OWN, BUT WE'RE NOT TALKING ABOUT, YOU KNOW, AN ENROLLED MEMBER OF A

PARTY VERSUS A NON-ENROLLED, WE'RE -- WE'RE TALKING ABOUT POTENTIALLY

TWO PEOPLE THAT ARE UNENROLLED IN THE PARTY AND US BASICALLY SAYING WE

DON'T CARE WHAT THE REGISTERED MEMBERS OF THAT PARTY DID ON ELECTION

DAY, WE'RE GOING TO GO WITH WHAT THE PARTY LEADERSHIP SAID.

SO I THINK IT'S AS SIMPLE AS THAT. I WOULD URGE MY

COLLEAGUES TO -- TO VOTE AGAINST THIS BILL WHICH WILL FURTHER LIMIT ACCESS

TO THE BALLOT FOR -- FOR CANDIDATES. 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 7191. THIS IS A PARTY VOTE. 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. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS. THOSE WHO WOULD LIKE TO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN

PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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SPEAKER. THE DEMOCRATIC CONFERENCE WILL BE IN SUPPORT OF THIS

MEASURE. COLLEAGUES DESIRING TO BE AN EXCEPTION SHOULD FEEL FREE TO

CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL PROPERLY RECORD THEIR

VOTE.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MR. BRABENEC AND MS. BYRNES IN THE AFFIRMATIVE. THANK

YOU.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

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

PLEASE RECORD OUR COLLEAGUES MR. BARNWELL, MR. O'DONNELL, MS.

JACKSON, AND MR. SAYEGH IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 14, RULES REPORT NO. 514, THE CLERK WILL READ.

THE CLERK: SENATE NO. S06498, RULES REPORT NO.

514, SENATOR BAILEY (MEEKS--A07796). AN ACT TO AMEND THE FAMILY

COURT ACT, IN RELATION TO USE OF RESTRAINTS ON CHILDREN APPEARING BEFORE

THE FAMILY COURT.

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ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. MEEKS.

MR. MEEKS: THANK YOU, MR. SPEAKER. THIS

LEGISLATION PROHIBITS THE USE OF HANDCUFFS, CHAINS, SHACKLES, IRONS,

STRAIGHTJACKETS AND OTHER RESTRAINTS ON CHILDREN UNDER THE AGE OF 21

APPEARING BEFORE FAMILY COURT.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

MR. MEEKS: YES, I WILL.

ACTING SPEAKER AUBRY: MR. MEEKS YIELDS.

MS. WALSH: THANK YOU, MR. MEEKS. JUST A FEW

QUESTIONS SO THAT EVERYBODY UNDERSTANDS WHAT THIS BILL DOES. YOU

MENTIONED THAT THIS BILL APPLIES TO ANY INDIVIDUALS IN FAMILY COURT

APPEARING AS DEFENDANTS UNDER THE AGE OF 21, CORRECT?

MR. MEEKS: CORRECT.

MS. WALSH: OKAY. SO FIRST QUESTION IS, DOESN'T THE

JUDGE ALREADY HAVE THE DISCRETION TO ORDER THE REMOVAL OF ANY RESTRAINTS

INSIDE THEIR COURTROOM?

MR. MEEKS: YES.

MS. WALSH: OKAY. SO WHY DO WE NEED THIS BILL?

MR. MEEKS: BECAUSE THIS WOULD REALLY STRIKE

TOWARD THE PRESUMPTION OF INNOCENCE. WE NEED TO IMPLEMENT THIS BILL

IN A MANNER TO ASSURE THAT THEY REMOVE THE SHACKLES BEFORE THE

INDIVIDUAL ENTERS THE COURTROOM.

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MS. WALSH: OKAY. SO YOU SAID A COUPLE THINGS

THERE. SO JUST TO CLARIFY, THEN, I THINK YOU JUST DID, THAT LET'S SAY THE

INDIVIDUAL IS BEING TRANSPORTED BY THE SHERIFF'S DEPARTMENT FROM, SAY,

SECURE DETENTION, THEY'RE GOING INTO COURT FOR AN APPEARANCE. THEY CAN

BE RESTRAINED THROUGH HANDCUFFS, SHACKLES, WHATEVER THE SHERIFF'S

DEPARTMENT FEELS IS APPROPRIATE, BUT DOES THAT APPLY TO WHEN THEY ENTER

FAMILY COURT BUT THEY'RE JUST NOT IN THE COURTROOM YET, LIKE A WAITING

AREA, AND IN TRANSIT THEY COULD STILL USE THOSE TYPES OF RESTRAINTS AS THEY

BELIEVE IS NECESSARY, CORRECT?

MR. MEEKS: CORRECT.

MS. WALSH: OKAY. UNTIL MAYBE WE GET ANOTHER

BILL NEXT YEAR OR SOMETHING, BUT AT LEAST -- AT LEAST AT THIS POINT THEY CAN

USE THAT, RIGHT? OKAY. SO I WANTED TO GO THROUGH, THERE'S AN EXCEPTION

THAT'S -- THAT'S IN THE BILL AND MY EDITORIAL IS IT ISN'T MUCH OF AN

EXCEPTION, IN MY -- IN MY HUMBLE OPINION, BUT LET'S JUST GO THROUGH

WHAT IT SAYS, THAT WHEN RESTRAINTS CAN BE USED IN THE COURTROOM, STARTING

ON PAGE 1 OF THE BILL AROUND LINE 8. SO WHY DON'T YOU JUST -- MAYBE

YOU COULD JUST EXPLAIN WHAT THAT EXCEPTION SAYS.

MR. MEEKS: (INAUDIBLE)

MS. WALSH: YEAH. THIS WOULD BE WHEN THE JUDGE

-- WHEN THE RESTRAINTS CAN BE USED IN THE COURTROOM FOR -- IN FAMILY

COURT FOR A (INAUDIBLE).

MR. MEEKS: STEP ONE SAYS PHYSICAL INJURY TO THE

CHILD OR ANOTHER PERSON BY THE CHILD.

MS. WALSH: YEAH. AND THEN TWO, PHYSICALLY

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DISRUPTIVE COURTROOM BEHAVIOR BY THE CHILD AS EVIDENCED BY A RECENT

HISTORY OF BEHAVIOR THAT PRESENTED A SUBSTANTIAL RISK OF PHYSICAL HARM TO

THE CHILD THROUGH ANOTHER PERSON, SO THAT'S THE SECOND ONE.

MR. MEEKS: YES.

MS. WALSH: AND THEN THIRD WOULD BE FLIGHT FROM

THE COURTROOM BY THE CHILD AS EVIDENCED BY A RECENT HISTORY OF

ABSCONDING FROM THE COURT.

MR. MEEKS: CORRECT.

MS. WALSH: THOSE ARE THE THREE EXCEPTIONS, BUT IN

ORDER TO HAVE ANY OF THOSE EXCEPTIONS COME INTO PLAY, THE COURT MUST

DETERMINE ON THE RECORD AFTER PROVIDING THE CHILD WITH AN OPPORTUNITY

TO BE HEARD WHY SUCH RESTRAINT IS THE LEAST RESTRICTIVE ALTERNATIVE

NECESSARY TO PREVENT THOSE THINGS WE JUST TALKED ABOUT, EITHER INJURY TO

OTHER PEOPLE, INJURY TO HIMSELF OR HERSELF, PERSON MIGHT RUN, MIGHT TAKE

OFF BASED ON HISTORY, SO OKAY. NOW WOULD YOU ACKNOWLEDGE THAT AT

TIMES, RESTRAINTS ARE USED NOT ONLY TO PRESERVE THE SAFETY OF THE

COURTROOM PERSONNEL, BUT ALSO IN SOME INSTANCES TO PRESERVE THE SAFETY

OF THE DEFENDANT, THE CHILD HERE, THE 20-YEAR-OLD THAT'S APPEARING IN

FAMILY COURT.

MR. MEEKS: YEAH, THIS IS FAMILY COURT, NOT

CRIMINAL COURT, SO --

MS. WALSH: I UNDERSTAND.

MR. MEEKS: -- WE'RE NOT SO MUCH RECOGNIZING THEM

AS THE DEFENDANT.

MS. WALSH: RIGHT.

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MR. MEEKS: BUT WHAT STUDIES FIND THAT IF YOU TAKE

THE TIME TO ACTUALLY HAVE A CONVERSATION WITH THE YOUTH, IT BECOMES ONE

OF THOSE MATTERS OF FIGHT OR FLIGHT. IF YOU TALK TO THEM, YOU FIND OUT

EXACTLY WHAT THE BACKGROUND STORY IS. SOME OF THESE CHILDREN HAVE

BEEN DISPLACED FROM THEIR HOMES WHERE THEY'RE IN FOSTER CARE AND

THEY'VE JUST COME TO THE CONCLUSION THAT I MUST RUN. SO I THINK THIS

CALLS FOR ACTUALLY HAVING THAT CONVERSATION WITH THE CHILDREN, HAVING A

BETTER UNDERSTANDING ON WHAT THEY ENDURED IN ORDER TO GET THEM THE

PROPER RESOURCES IN MOVING FORWARD.

MS. WALSH: RIGHT. SO I AGREE WITH YOU, AND I

MISSPOKE BY SAYING DEFENDANT. IT JUST SEEMS KIND OF ODD TO ME TO HAVE

AN 18-, 19-, OR 20-YEAR-OLD THAT WE'RE REFERRING TO AS A CHILD, BUT, YOU

KNOW, MAYBE WE COULD JUST SAY ACCUSED JUVENILE DELINQUENT.

MR. MEEKS: I THINK THAT'S NECESSARY. WHEN YOU

LOOK AT DIFFERENT CHILDREN, YOU MAY HAVE A 21-YEAR-OLD THAT IS

DEVELOPMENTALLY CHALLENGED, AND SOME OF THEM MAY HAVE EXTREMELY

LOW IQ'S. SO THEY'RE STILL RECOGNIZED AS CHILDREN AND THEY STILL MAY

NEED THE ASSISTANT FROM A PARENT OR THE SYSTEM.

MS. WALSH: YEAH, OKAY. THANK YOU VERY MUCH. I

APPRECIATE YOUR ANSWERS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO THIS BILL BASICALLY TAKES AWAY

JUDICIAL DISCRETION. A JUDGE ALWAYS, EVEN UNDER CURRENT LAW, HAS HAD

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THE DISCRETION TO RUN HIS OR HER COURTROOM IN A SAFE MANNER FOR COURT

PERSONNEL, FOR HIM OR HERSELF, AND FOR ANYBODY APPEARING IN FRONT OF

THE JUDGE IN THE COURTROOM, COULD ORDER AND OFTEN, I MEAN, IN MY

EXPERIENCE IN FAMILY COURT, OFTEN DOES ORDER THE REMOVAL OF ANY KIND OF

RESTRAINTS. THERE WAS SOME INDICATION IN SOME OF THE MEMOS

ACCOMPANYING THIS BILL THAT THERE'S A CONCERN THAT IF THE INDIVIDUAL

APPEARS WITH, SAY, HANDCUFFS THAT THERE COULD BE A STIGMA. THE SPONSOR

MENTIONED THAT THERE NEEDS TO BE A PRESUMPTION OF INNOCENCE. THIS IS

REALLY ABOUT COURTROOM SAFETY. THE SHERIFF'S -- I'LL JUST TELL YOU, THE

SHERIFF'S ASSOCIATION IS VERY CONCERNED ABOUT THIS BILL AND I DID KIND OF

SAY THAT, YOU KNOW, WE'LL SEE WHAT -- WHAT FURTHER BILLS IN THE FUTURE

LOOK LIKE, BUT THEY'RE SAYING THAT SHERIFFS ARE CONCERNED THAT THIS WOULD

CREATE AN UNNECESSARY AND UNMANAGEABLE SECURITY RISK FOR OCA STAFF

WHO MAY NOT BE PREPARED TO DEAL WITH UNRULY DEFENDANTS.

SO WHILE I UNDERSTAND AND, CERTAINLY, AS THE -- AS THE

MOTHER OF A CHILD WITH -- AN ADULT CHILD WITH DEVELOPMENTAL DELAY, I

CAN APPRECIATE YOUR STATEMENT THAT THERE COULD BE A 20-YEAR-OLD WHO IS

CHILDLIKE, BUT THE FACT OF THE MATTER IS THAT THERE ARE TEENAGERS, 18-, 19-,

20-YEAR-OLDS THAT COULD BE BIG, IMPOSING, UNRULY MEMBERS OF -- IN A

COURT SETTING. AND, YOU KNOW, THE FACT THAT THERE'S AN EXCEPTION IN THIS

BILL THAT REQUIRES A JUDGE TO DETERMINE ON THE RECORD AFTER GIVING THE

DEFENDANT AN OPPORTUNITY TO BE HEARD ABOUT WHETHER THE RESTRAINTS

SHOULD COME OFF OR NOT, AND -- AND THE FACT THAT THEY HAVE TO -- THEY

HAVE TO MAKE A FINDING THAT THERE NEEDS TO HAVE BEEN A RECENT HISTORY

OF BEHAVIOR THAT PRESENTED A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE

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CHILD OR ANOTHER PERSON. I MEAN, YOU'RE BASICALLY WAITING FOR

SOMETHING BAD TO HAPPEN AND THEN AT THE NEXT APPEARANCE, MAYBE THE

JUDGE CAN SAY, HEY, YOU KNOW WHAT? YOU PUNCHED THE COURTROOM

DEPUTY, OR, YOU KNOW, YOU WENT AFTER THE STENOGRAPHER OR, YOU KNOW,

THE COURT REPORTER.

YOU KNOW, I DON'T THINK THAT THAT'S A GOOD IDEA TO SET

UP A -- SET UP A SITUATION WHERE YOU'RE TAKING AWAY THE JUDGE'S

DISCRETION TO RUN HIS OR HER COURTROOM, IN THE FIRST INSTANCE, AND SECOND,

IF HE OR SHE WANTS TO HAVE RESTRAINTS STILL ON BECAUSE IN A -- IN A -- AND

THESE COURTROOMS, BY THE WAY, ARE NOT -- THEY'RE NOT AS BIG AS THIS

CHAMBER, THEY'RE NOT EVEN A FRACTION OF THE SIZE OF THIS CHAMBER IN

MANY INSTANCES. THE FAMILY COURT THAT I APPEAR IN FRONT OF IS -- IS LIKE

THE SIZE OF A, LIKE A CONFERENCE ROOM. IT'S NOT BIG. PEOPLE ARE SITTING

VERY CLOSE TO ONE ANOTHER. AND, YOU KNOW, I HAVE FELT WORRIED IN A

NUMBER OF APPEARANCES THAT I'VE BEEN AT BECAUSE OF THE INDIVIDUALS

COMING IN AND, YOU KNOW, I THINK THAT IT'S SOMETHING THAT SHOULD BE LEFT

IN THE SOUND DISCRETION OF THE COURT. I THINK THE SHERIFFS ARE CONCERNED

THAT THIS YEAR, THIS BILL SAYS THAT ONCE THEY ENTER THE COURTROOM, THE

RESTRAINTS HAVE TO BE REMOVED. THEY'RE WORRIED THAT NEXT YEAR THE BILL

MIGHT BE, YEAH, YOU CAN'T EVEN USE THEM WHEN YOU'RE TRANSPORTING THE

INDIVIDUAL, OR WHEN THAT INDIVIDUAL IS WAITING TO GO INTO THE COURTROOM.

I THINK THAT THERE NEEDS TO BE AN APPROPRIATE BALANCE

BETWEEN PUBLIC SAFETY AND, YOU KNOW, CERTAINLY THE RIGHTS OF THE

ACCUSED, ABSOLUTELY, NEED TO BE CONSIDERED AS WELL. I THINK THE BEST

INDIVIDUAL TO DO THAT IS THE JUDGE. THAT IS THE JUDGE'S JOB. I DON'T THINK

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THAT A BILL LIKE THIS THAT -- THAT, YOU KNOW, AT THE RISK OF SOUNDING TOO

CUTE, YOU KNOW, WE'RE TAKING HANDCUFFS OFF OF THE ACCUSED JUVENILE

DELINQUENT AND WE'RE PUTTING THE HANDCUFFS ON THE JUDGE FOR MAKING THE

DECISIONS THAT ARE APPROPRIATE IN HIS OR HER OPINION.

SO FOR THOSE REASONS, I CANNOT SUPPORT THIS BILL. I

DON'T BELIEVE THAT THIS IS THE RIGHT WAY TO GO AND I WOULD ENCOURAGE A

NO VOTE FROM MY COLLEAGUES. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. SALKA.

MR. SALKA: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: MR. MEEKS, WILL YOU

YIELD?

MR. MEEKS: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. SALKA: THANK YOU, SIR. JUST A QUICK IN LINE

FOLLOW-UP WITH WHAT MY COLLEAGUE JUST -- THE JUST CONCERNS REGARDING --

HAVE YOU HAD AN OPPORTUNITY TO TALK TO ANY OF THE JUDGES OR ANY OF THE

COURT PERSONNEL ON THEIR OPINION ON THIS AND HOW THEY FEEL THAT IT MIGHT

AFFECT THEIR SAFETY, THEIR CONCERNS.

MR. MEEKS: YES. WE -- IT'S OUR UNDERSTANDING THAT

A NUMBER OF THE JUDGES SUPPORT THIS -- THIS BILL.

MR. SALKA: AND COURT PERSONNEL, OFFICERS, SHE

MENTIONED STENOGRAPHERS; ANYONE REALLY WHO'S ON THE FRONT LINE THAT

WOULD HAVE TO DEAL WITH ANY KIND OF IMPLICATIONS OF THIS LEGISLATION, OF

THIS BILL.

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NYS ASSEMBLY JUNE 10, 2021

MR. MEEKS: IT IS MY UNDERSTANDING THAT THE JUDGES,

SOME OF THE JUDGES SUPPORT THIS BILL.

MR. SALKA: SOME.

MR. MEEKS: AND THE LANGUAGE WITHIN.

MR. SALKA: COULD WE SOME AS A MAJORITY OR SOME

AS SOMEONE WHO WAS JUST WAS REFERRED TO AND...

MR. MEEKS: I COULD NOT SAY SOME AS BEING A

MAJORITY, I DIDN'T POLL ALL JUDGES ACROSS THE STATE OF NEW YORK FAMILY

COURT SYSTEM.

MR. SALKA: OKAY. 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 POINT 6498. THIS IS A PARTY VOTE. ANY

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

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

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE AND WE WILL

RECORD YOUR VOTE ACCORDINGLY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

(PAUSE)

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NYS ASSEMBLY JUNE 10, 2021

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE WILL BE GENERALLY IN FAVOR OF THIS PIECE OF

LEGISLATION; HOWEVER, COLLEAGUES DECIDING TO BE AN EXCEPTION SHOULD

FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND EXPRESS THEIR

OPINION. IT WILL BE PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

MR. WALCZYK TO EXPLAIN HIS VOTE.

MR. WALCZYK: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE. I GOOGLED IT REALLY QUICKLY HERE, THE AVERAGE AGE OF A

GANG MEMBER IS ACTUALLY 17 YEARS OLD. AND I AM NOT A QUALIFIED

INDIVIDUAL TO JUDGE WHAT 17-, 18-, 19-, OR 20-YEAR-OLD IN A COURTROOM IS

AND ISN'T A GANG MEMBER. BUT LUCKILY, WE HAVE AN ENTIRE BRANCH OF

GOVERNMENT. YOU KNOW WHO'S A GOOD JUDGE? A JUDGE. LET THEM

DECIDE WHO NEEDS TO BE RESTRAINED IN THE COURTROOM, NOT THIS LEGISLATIVE

BODY WITH ITS POLITICS. LET THE JUDGES JUDGE. I VOTE NO.

ACTING SPEAKER AUBRY: MR. WALCZYK IN THE

NEGATIVE.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. AS LUCK

WOULD HAVE IT I FORGOT TO TELL YOU ALL ONE MORE THING THAT I THINK IS KIND

OF IMPORTANT. THE -- WITH THE PASSAGE OF RAISE THE AGE, DURING WHAT, A

RECENT YEAR, WAS IT LAST YEAR, THE YEAR BEFORE, FAMILY COURT IS NOW GOING

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NYS ASSEMBLY JUNE 10, 2021

TO BE RESPONSIBLE FOR HEARING CASES OF 16- AND 17-YEAR-OLDS, AS WELL.

THESE CASES WILL NOT BE MISDEMEANORS. THE RAISE THE AGE LEGISLATION

CREATES THE POSSIBILITY THAT A 16- OR 17-YEAR-OLD CHARGED WITH A VIOLENT

FELONY OFFENSE WHO IS SUBJECT TO PRE-TRIAL DETENTION COULD HAVE THEIR

CHARGES DISPOSED OF IN FAMILY COURT.

SO I THINK IT'S IMPORTANT TO RECOGNIZE, I THINK SOME OF

US WHEN WE THINK ABOUT JUVENILE DELINQUENCY OR JD CASES, YOU KNOW,

THINK ABOUT THE KID WITH A SPRAY CAN. THAT'S -- THAT'S NOT THE CASES THAT

ARE COMING INTO FAMILY COURT THESE DAYS. SO YOU KNOW, AS MY

COLLEAGUE INDICATED WITH GANG ACTIVITY, BUT THERE ARE SOME VERY

SIGNIFICANT CASES THAT ARE COMING INTO FAMILY COURT AND THESE ARE NOT,

YOU KNOW, THERE'S A RISK. SO ANYWAY, THAT'S ALL I WANTED TO ADD AND,

AGAIN, I'M IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALLACE TO

EXPLAIN HER VOTE.

MS. WALLACE: THANK YOU, MR. SPEAKER, FOR

GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I JUST WANT TO CLARIFY,

I'M LOOKING AT THE LANGUAGE OF THE STATUTE RIGHT NOW AND IT'S VERY CLEAR

TO ME THAT THE JUDGE DOES HAVE THE DISCRETION IF THE JUDGE BELIEVES THAT

THE INDIVIDUAL, THE CHILD, POSES A DANGER TO HIMSELF OR TO SOMEONE IN

THE COURTROOM. THE JUDGE CAN, UNDER THOSE LIMITED CIRCUMSTANCES,

ORDER THE PERSON TO BE IN HANDCUFFS. BUT THE PRESUMPTION IS CREATED

THAT THAT IS NOT THE CASE AND I THINK THAT THAT IS THE APPROPRIATE

PRESUMPTION WHEN WE ARE TALKING ABOUT A CHILD AND WE ARE TALKING

ABOUT FAMILY COURT, NOT CRIMINAL COURT. SO I WANT TO THANK THE SPONSOR

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NYS ASSEMBLY JUNE 10, 2021

FOR BRINGING THIS LEGISLATION FORWARD AND I PROUDLY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WALLACE IN THE

AFFIRMATIVE.

MR. MEEKS TO EXPLAIN HIS VOTE.

MR. MEEKS: YES, THANK YOU, MR. SPEAKER. I JUST

WANTED TO SPEAK TO THE FACT THAT THIS STRIKES AT THE HEART OF PRESUMPTION

OF INNOCENCE. WE HEARD MY COLLEAGUE ACROSS THE AISLE STATE THAT

JUVENILE DELINQUENTS, AND NOWHERE IN THIS BILL DO YOU SEE THE TERM

DELINQUENT, AND THAT SPEAKS TO THE FACT THAT PEOPLE ARE AUTOMATICALLY

ASSUMED TO BE A DELINQUENT OF SORTS WHEN APPEARING IN THE COURT

SYSTEM. AND THAT IS ANOTHER REASON WHY WE MUST PASS THIS LEGISLATION

AND I AM VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. MR.

MEEKS IN THE AFFIRMATIVE.

MS. CRUZ TO EXPLAIN HER VOTE.

MS. CRUZ: THANK YOU, MR. SPEAKER. I WANT TO

THANK THE SPONSOR FOR THIS FANTASTIC PIECE OF LEGISLATION. AND I CANNOT

BELIEVE THAT I JUST SAT THROUGH AN ENTIRE DEBATE WHERE PEOPLE ARE

ARGUING THAT EVEN BEFORE THERE'S A JUDGMENT OF INNOCENCE -- INNOCENCE

OR GUILT, THAT WE SHOULD BE OKAY WITH THE IDEA OF SHACKLING CHILDREN. I

CANNOT BELIEVE THAT I JUST SAT THROUGH THIS ARGUMENT. THESE ARE

CHILDREN THAT ARE GOING TO FAMILY COURT AND THE JUDGE STILL HAS THE

DISCRETION. AND SO I AM GOING TO PROUDLY AND SHOCKINGLY VOTE IN THE

AFFIRMATIVE AND I URGE MY COLLEAGUES WHO CANNOT SEE BEYOND THESE

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NYS ASSEMBLY JUNE 10, 2021

LABELS, THAT UNDERSTAND THAT THESE ARE CHILDREN WHO ARE GOING INTO

FAMILY COURT THAT NEED OUR HELP AND SHOULD NOT BE SHACKLED. THANK

YOU.

ACTING SPEAKER AUBRY: MS. CRUZ IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. LET ME START BY

COMMENDING THE SPONSOR OF THIS LEGISLATION. YOU KNOW, FOR AT LEAST THE

LAST 20 TO 30 YEARS, FAMILY COURT HAS BEEN ONE OF THE FASTEST GROWING

COURTS NOT JUST IN NEW YORK STATE, BUT IN THIS COUNTRY. AND MOST OF

THE REASONS THAT CHILDREN END UP IN FAMILY COURT IS BECAUSE OF THEIR

INTERACTION OR LACK OF INTERACTION WITH AN ADULT. AND SO TO

AUTOMATICALLY ASSUME IF THEY'RE GOING TO FAMILY COURT THAT THEY

SOMEHOW MUST BE CRIMINALIZED IS A LITTLE DISCONCERTING. YOU KNOW, I

THINK THAT WE SHOULD MOVE IN THIS COUNTRY MORE TOWARDS A REFORMATIVE

JUSTICE KIND OF MODEL, AND I THINK THE CONVERSATION THAT THE SPONSOR

HAD ON COMMUNICATION IS A WAY TO START THAT RESTORATIVE JUSTICE WITHOUT

JUST ASSUMING THAT WE NEED TO BE IN SHACKLES. AND I APPRECIATE THE FACT

THAT THERE'S GOING TO BE A JUDGE IN THAT ROOM, AND SOME OF THEM DO

UNDERSTAND RESTORATIVE JUSTICE PRACTICES -- PRACTICES BECAUSE IT'S KIND OF

A TOPIC THAT'S BEEN GOING AROUND. PEOPLE ARE LEARNING HOW TO DO IT, USE

ITS PROPERTIES TO MAYBE GET BETTER OUT OF CHILDREN AS OPPOSED TO SINKING

THEM FURTHER INTO THE HURT THAT THEY CAME IN THERE WITH FROM SOME ADULT

OR THE OTHER.

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NYS ASSEMBLY JUNE 10, 2021

SO I COMMEND THE SPONSOR FOR THIS ONE AND I'M VERY

PLEASED TO BE VOTING IN THE AFFIRMATIVE FOR IT. IT'S -- IT'S A GREAT BILL AND

IT'S WHAT WE NEED TO BE GOING IN THE DIRECTION TOWARDS, NOT TOWARDS

CRIMINALIZING, BUT REFORMING PEOPLE IN A REAL KIND OF JUST MANNER.

ACTING SPEAKER CONRAD: MRS.

PEOPLES-STOKES IN THE AFFIRMATIVE.

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: I WANT TO THANK THE SPONSOR.

LISTENING TO THE DEBATE, I HAVE TO ADMIT I WAS A LITTLE DISTRACTED WITH

SOMETHING ELSE AND LISTENING TO THE FOLKS ATTACKING THIS BILL, I THOUGHT,

MY GOODNESS GRACIOUS. WHAT DOES THIS BILL DO? IT OPENS UP THE

COURTROOM TO THE MOST VIOLENT OF HUMAN BEINGS? NO. I'VE JUST REREAD

THE BILL AND I REALLY HAVE TO SAY, THAT SOMETIMES I THINK WE ALL GET

CARRIED AWAY WITH OUR RHETORIC AND OUR IDEOLOGIES. BUT THIS BILL HAS

ABSOLUTELY NOTHING TO DO WITH WHAT THE PEOPLE WHO WERE ATTACKING IT

WERE TALKING ABOUT.

LOOK, I RESPECT THEIR RIGHT TO ARGUE HOWEVER THEY

WANT, BUT I THINK ANYBODY WATCHING SHOULD KNOW THAT ALL THIS BILL DOES

IS SAY THAT IF SOMEONE IS A CHILD AND THEY ARE UNRULY IN THE COURTROOM,

THE JUDGE MUST USE THE LEAST RESTRICTIVE MEASURES TO BE ABLE TO CONTROL

THAT PARTICULAR CHILD. I DON'T SEE WHAT IS THE CONTROVERSY HERE. ANY

GOOD JUDGE WOULD DO THAT, AND TRUST ME, I ONLY SPENT MOST OF MY LIFE IN

THE COURTS, VERY OFTEN REPRESENTING PEOPLE WHO WERE THE LEAST POPULAR

PEOPLE HUMANLY IMAGINABLE. THIS IS A GOOD BILL. IT'S A FAIR BILL. THIS

HELPS PROTECT NOT ONLY THE DUE PROCESS RIGHTS OF CHILDREN IN COURTROOMS,

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NYS ASSEMBLY JUNE 10, 2021

BUT THE DUE PROCESS RIGHTS OF THE PEOPLE OF THE STATE OF NEW YORK.

THIS IS A GREAT BILL. I'M GOING TO BE VERY, VERY PLEASED TO VOTE FOR IT.

THANK YOU.

ACTING SPEAKER CONRAD: MR. LAVINE IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(PAUSE)

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

CONTINUE ON OUR DEBATE LIST, WE'RE GETTING THROUGH, WE HAVE GOT A WAYS

TO GO, BUT LET'S KEEP MOVING. WE'RE GOING TO GO TO RULES REPORT NO.

517, ASSEMBLY BILL NO. 350-C BY MR. BRAUNSTEIN; FOLLOWED BY RULES

REPORT NO. 531, ASSEMBLY BILL NO. 1386 BY MR. GOTTFRIED; FOLLOWED

BY RULES REPORT NO. 542, ASSEMBLY BILL NO. 3184 BY MR. DINOWITZ;

WE'RE GOING TO GO TO ANOTHER DINOWITZ BILL, WHICH IS RULES REPORT NO.

260, ASSEMBLY BILL NO. 7536; AND, MR. SPEAKER, THEN WE'RE GOING TO

GO TO RULES REPORT NO. 663, ASSEMBLY BILL NO. 6232-C BY MS.

BICHOTTE HERMELYN; FOLLOWED BY ASSEMBLY BILL NO. 6424, AGAIN, BY

MS. BICHOTTE HERMELYN. IN THAT SPECIFIC ORDER, MR. SPEAKER. THANK

YOU.

ACTING SPEAKER CONRAD: THANK YOU, MRS.

PEOPLES-STOKES.

PAGE 15, RULES REPORT NO. 517, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00350-C, RULES

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NYS ASSEMBLY JUNE 10, 2021

REPORT NO. 517, BRAUNSTEIN, D. ROSENTHAL, WEPRIN, STIRPE, QUART,

SEAWRIGHT, CARROLL, PHEFFER AMATO, COLTON, HYNDMAN, DINOWITZ,

GRIFFIN, THIELE, COOK, PRETLOW, BENEDETTO, LAVINE, RICHARDSON,

MONTESANO. AN ACT TO AMEND THE GENERAL OBLIGATIONS LAW, THE REAL

PROPERTY LAW, AND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN

RELATION TO EXCLUDING TENANT-SHAREHOLDERS IN COOPERATIVE HOUSING

CORPORATIONS FROM CERTAIN HOUSING PROVISIONS.

ACTING SPEAKER CONRAD: 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 CONRAD: THE CLERK WILL

RECORD THE VOTE ON SENATE 5105-C. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I WILL BE

SUPPORTING THIS LEGISLATION THAT EXEMPTS COOPERATIVES FROM ALL THE

PROVISIONS, OR MANY OF THE PROVISIONS THAT APPLIED IN THE TENANT

PROTECTION ACT THAT WE PASSED A FEW YEARS AGO. WHEN THE TENANT

PROTECTION AND STABILITY -- HOUSING STABILITY ACT WAS PASSED, IT HAD A

NUMBER OF RESTRICTIONS, INCLUDING A RESTRICTION THAT PROHIBITED A

LANDLORD FROM SEEKING ANYTHING IN A SUMMARY JUDGMENT OTHER THAN THE

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RENT. AND IN THE PRIVATE SECTOR IN THE NORMAL HOUSING MARKET, THAT

MEANT THAT A LOT OF LANDLORDS NOW SUE THE TENANT TWICE AT THE SAME TIME,

ONCE IN SMALL CLAIMS FOR DAMAGES AND OTHER EXPENSES THAT ARE NO

LONGER ALLOWED TO BE AS PART OF THE EVICTION, AND SECOND, IN THE SAME

COURT FOR AN EVICTION, WHICH IS A TOTALLY RIDICULOUS SITUATION. ALSO

WHAT'S HAPPENED IS THE -- THE TENANT PROTECTION ACT LIMITED THE AMOUNT

OF SECURITY DEPOSIT TO ONE MONTH. AND THAT IS ALSO CREATING HUGE

PROBLEMS AND SO -- BECAUSE IT EXTENDED THE EVICTION TIME PERIOD FROM

THREE WEEKS TO THREE MONTHS, AND SO OBVIOUSLY A ONE-MONTH SECURITY

DEPOSIT WAS INADEQUATE.

AND SO TO ADDRESS THAT, WHAT THE LANDLORDS HAVE DONE

IS THEY -- THEY'VE INCREASED THE RENT AND SO IF YOU WANTED A $600

SECURITY DEPOSIT, FOR EXAMPLE, INSTEAD OF CHARGING THREE MONTHS, WHICH

WOULD BE $1,800, YOU JUST RAISE THE RENT $100 A MONTH AND AT THE END

OF THE YEAR, YOU GOT THE EXTRA $1,000 OR $1,200 AND YOU POCKET IT. AND

SO THE TENANTS GET HURT IN EVERY CONCEIVABLE WAY, AND IT'S CREATING

HAVOC THROUGHOUT THE INDUSTRY. AND THOSE PROBLEMS ARE SPECIFIC -- ARE

-- ARE PARTICULARLY ACUTE IN A COOPERATIVE WHERE ALL THE OTHER MEMBERS

HAVE TO PICK UP ALL THE OTHER COSTS OF MAINTENANCE FEES, SPECIAL

ASSESSMENTS AND ADMINISTRATIVE FEES WHEN A COOPERATIVE MEMBER

DOESN'T PAY THEIR FAIR SHARE. AND SO THIS ALLOWS ALL THOSE FEES TO BE

COLLECTED IN ONE PROCEEDING RATHER THAN IN MULTIPLE PROCEEDINGS, AND IT

MAKES A LOT OF SENSE AND I -- I WILL BE SUPPORTING IT.

ACTING SPEAKER CONRAD: MR. GOODELL IN THE

AFFIRMATIVE.

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ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 17, RULES REPORT NO. 531, THE CLERK WILL READ.

THE CLERK: SENATE NO. S03762, RULES REPORT NO.

531, SENATOR BRESLIN (GOTTFRIED, CAHILL, DARLING, DINOWITZ, EPSTEIN,

GRIFFIN, STERN, TAGUE, TAYLOR, THIELE, ZEBROWSKI, WEPRIN, L.

ROSENTHAL, CYMBROWITZ, HUNTER, GUNTHER, GALEF, MCDONOUGH, RA,

BYRNES, SEAWRIGHT, ENGLEBRIGHT, JONES, SIMON, BARRETT, JEAN-PIERRE,

NORRIS, OTIS, LUPARDO, MORINELLO, BUTTENSCHON, WALLACE, BRONSON,

STECK, MONTESANO, ABINANTI, COLTON, BURDICK--A01396). AN ACT TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO PHARMACY BENEFIT

MANAGERS; TO AMEND THE INSURANCE LAW, IN RELATION TO REGISTRATION AND

LICENSING OF PHARMACY BENEFIT MANAGERS; AND TO REPEAL CERTAIN

PROVISIONS OF THE PUBLIC HEALTH LAW RELATING THERETO.

ACTING SPEAKER CONRAD: READ THE LAST

SECTION.

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

DAY.

ACTING SPEAKER CONRAD: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 3762. 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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MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I WILL BE VOTING IN

THE AFFIRMATIVE. THIS LEGISLATION HAS HAD STRONG BIPARTISAN SUPPORT IN

THE PAST ON THE FLOOR OF THE ASSEMBLY, ONLY TO BE VETOED BY THE

GOVERNOR. I'M NOT SURE THAT ANY OF THE CHANGES HAVE BEEN ADDRESSED IN

THIS BILL, AND I WOULD HOPE THAT IN THE FUTURE WE'D TRY TO REACH A

COMPROMISE SO WE CAN MOVE FORWARD IN THIS SUBJECT AREA. I NOTE THAT

SOME IN -- THOSE IN THE INDUSTRY ARE PARTICULARLY CONCERNED ABOUT

CERTAIN LANGUAGE ISSUES THAT MIGHT RAISE A FIDUCIARY LIABILITY AND, AGAIN,

I HOPE IF IT'S VETOED AGAIN THAT WE ACTUALLY SIT DOWN AND TRY TO NEGOTIATE

SOMETHING THAT ADDRESSES THESE CONCERNS. THANK YOU, SIR.

ACTING SPEAKER CONRAD: THANK YOU, MR.

GOODELL. MR. GOODELL IN THE AFFIRMATIVE.

MR. GOTTFRIED TO EXPLAIN HIS VOTE.

MR. GOTTFRIED: YES, MR. SPEAKER. JUST TO

QUICKLY NOTE THAT WHAT HAS CHANGED SINCE THE GOVERNOR VETOED THIS BILL

IS A UNANIMOUS SUPREME COURT DECISION CALLED RUTLEDGE V. ARKANSAS

[SIC] WHICH VERY CRYSTAL CLEAR AND EMPHATICALLY ESTABLISHES THE RIGHT OF

NEW YORK AND OTHER STATES TO ENACT EXACTLY THIS KIND OF LEGISLATION. IT'S

NOT OFTEN THAT I READ A -- A BRIEF FROM THE SUPREME COURT BY THE TRUMP

ADMINISTRATION JUSTICE DEPARTMENT AND SAY, WOW, I WISH I HAD WRITTEN

THAT, BUT THAT'S -- THAT'S WHAT WENT ON IN RUTLEDGE. IT'S SUCH A -- IT'S AN

ENORMOUSLY TERRIFIC DECISION FOR THE AUTHORITY OF STATES TO PROTECT THEIR

PEOPLE. THE ONLY -- THE ONLY CLOSEST THING TO A DISSENT WAS JUSTICE

THOMAS WHO SAID THE DECISION DIDN'T GO FAR ENOUGH.

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SO THE GOVERNOR'S CONCERN HAD BEEN THAT WHETHER

FEDERAL ERISA LEGISLATION BARRED NEW YORK FROM DOING THIS. THE

SUPREME COURT DECISION RUTLEDGE MADE THAT CRYSTAL CLEAR, SO I THINK

WE HAVE SMOOTH SAILING ON THIS BILL. THANK YOU. AND I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER CONRAD: MR. GOTTFRIED IN THE

AFFIRMATIVE.

MR. CAHILL TO EXPLAIN HIS VOTE.

MR. CAHILL: THANK YOU, MR. SPEAKER. FIRST, LET

ME THANK THE SPONSOR FOR DOING SUCH AN INCREDIBLE JOB IN PUTTING

TOGETHER SUCH AN IMPORTANT PROPOSAL. THIS IS INDEED A LANDMARK BILL.

IT SHOULD BE SIGNED BY THE GOVERNOR. THE SPONSOR DID PROPERLY NOTE

THE RUTLEDGE DECISION WHICH CHANGES THE ENTIRE DISCUSSION ABOUT

ERISA, WHICH WAS A PRIMARY BASIS UPON WHICH THE VETO WAS RENDERED.

BUT I WOULD LIKE TO SPEND ONE MOMENT TO ADDRESS

WHAT WAS CALLED THE FIDUCIARY DUTY. RIGHT NOW, NOT-FOR-PROFIT HEALTH

INSURANCE COMPANIES, AND MANY OF US HAVE NOT-FOR-PROFIT HEALTH

INSURANCE COMPANIES, HAVE SUCH A DUTY TO THEIR PATIENTS, TO THEIR

MEMBERS. FOR-PROFIT INSURANCE COMPANIES HAVE A FIDUCIARY DUTY TO

THEIR SHAREHOLDERS. WITHOUT A LEGAL OBLIGATION TO HAVE A DUTY OF SOME

KIND TO THEIR MEMBERS, THEY MUST FIRST AND ALWAYS SERVE THEIR

SHAREHOLDERS. THIS BILL WOULD MAKE SURE THAT THE PATIENT COMES FIRST,

THAT THE MEMBER COMES FIRST, THAT THE CONSUMER COMES FIRST, AS IT

SHOULD BE WITH ALL OF HEALTH CARE. THANK YOU. I WITHDRAW MY REQUEST,

ONCE AGAIN COMPLIMENT THE SPONSOR, AND VOTE IN THE AFFIRMATIVE.

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ACTING SPEAKER CONRAD: MR. CAHILL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

RULES REPORT -- SORRY. PAGE 17, RULES REPORT NO.

542.

THE CLERK: SENATE NO. S04884, RULES REPORT NO.

542, SENATOR SAVINO (DINOWITZ, PEOPLES-STOKES, PAULIN, GOTTFRIED, L.

ROSENTHAL, ZEBROWSKI, WEPRIN, GALEF, CAHILL, COLTON, ABINANTI,

HEVESI, COOK, STIRPE, STECK, LUPARDO, GUNTHER, PERRY, SANTABARBARA,

JEAN-PIERRE, JOYNER, FAHY, OTIS, HUNTER, BARRETT, SEAWRIGHT, LAVINE,

TAYLOR, RA, MONTESANO, SMITH, ENGLEBRIGHT, SIMON, GRIFFIN,

BENEDETTO--A03184). AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN

RELATION TO CREATING THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE.

ACTING SPEAKER CONRAD: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER, TO -- ON THE

BILL.

ACTING SPEAKER CONRAD: ON THE BILL.

MR. PALMESANO: YES, MR. SPEAKER AND MY

COLLEAGUES, I'VE DEBATED THIS BILL IN THE PAST WITH THE SPONSOR. IN THE

INTEREST OF TIME, I THINK I'LL JUST HIGHLIGHT SOME OF MY POINTS AND

CONCERNS THAT WE RAISED IN THE PAST. WHEN WE HAD THIS BILL DEBATED IN

2019, THE GOVERNOR ULTIMATE -- ULTIMATELY VETOED THAT BILL AND I DID

WANT TO SAY JUST A LITTLE BIT WHAT HE VETOED. THIS BILL DOESN'T ADDRESS

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NYS ASSEMBLY JUNE 10, 2021

ANY OF THE CONCERNS MENTIONED IN THE VETO WHERE HE KIND OF WENT ON

AND SAY HOW THIS IS REDUNDANT TO THE SERVICES FOR RESIDENTIAL CUSTOMERS

THAT ARE ALREADY PROVIDED BY THE -- A NUMBER BY THE STATE, WHICH I WILL

TALK ABOUT A LITTLE BIT LATER, TOO. THE DEPARTMENT OF PUBLIC SERVICES

DEDICATED TO CONSUMER ADVOCACY AND THE DEPARTMENT OF STATE'S UTILITY

INTERVENTION UNIT REPRESENTS CONSUMERS BEFORE FEDERAL, STATE AND LOCAL

ADMINISTRATIVE AGENCIES, ENGAGED IN THE REGULATION OF ENERGY SERVICES,

INCLUDING THE PUBLIC SERVICE COMMISSION. THE VERSION OF THE BILL

REMAINS UNCHANGED FROM THE BILL THAT WAS PREVIOUSLY VETOED, SO HE

VETOED THE BILL.

AND I WILL REMIND MY COLLEAGUES THAT THE -- WE

ALREADY HAVE SOME OF THE HIGHEST UTILITY AND ELECTRIC COSTS IN THE ENTIRE

COUNTRY. AND WHILE I APPRECIATE THE INTENTION OF THE SPONSOR, I KNOW

HE'S GENUINE IN WHAT HE'S TRYING TO DO HERE, I JUST DON'T BELIEVE WE'RE

GOING TO GET WHAT HE IS -- OUT OF THIS BILL WHAT HE'S INTENDING AND TRYING

TO DO. I BELIEVE LIKE -- THIS IS ALREADY PRETTY NOT JUST DUPLICATED, BUT IT'S

DUPLICATIVE THREE OR FOUR TIMES OVER. WE ALREADY HAVE DIFFERENT

AGENCIES THAT ALREADY DO THIS WORK: DEPARTMENT OF PUBLIC SERVICES,

OFFICE OF CONSUMER POLICY AND CONSUMER SERVICES, THE UTILITY

INTERVENTION UNIT WITHIN THE DEPARTMENT OF STATE, THE OFFICE OF THE

ATTORNEY GENERAL HAS A CONSUMER DIVISION WITHIN THAT DEPARTMENT.

THERE'S RECENTLY APPOINTED A -- A STATEWIDE -- IN 2020, A STATEWIDE

SPECIAL COUNSEL FOR RATEPAYER PROTECTION WITHIN THE DEPARTMENT OF

PUBLIC SERVES -- SERVICE AND WE ALSO HAVE THE PUBLIC -- PUBLIC UTILITY

LAW PROJECT THAT RECEIVES STATE TAX DOLLARS. ALL THESE AGENCIES RECEIVE

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STATE TAX DOLLARS. THE UTILITY LAW PROJECT IS A NON-PROFIT. THEY ALSO

INTERVENE ON BEHALF OF LOWER INCOME INDIVIDUALS FOR THE UTILITY BILLS.

AND I DID -- WOULD WANT TO JUST MENTION, TOO, ON THE --

THE SPECIAL COUNSEL, HE'S EMPOWERED -- WAS APPOINTED -- WAS

EMPOWERED TO REPRESENT THE INTERESTS OF RESIDENTIAL AND COMMERCIAL

CUSTOMERS AT THE NEW YORK'S REGULATED INDUSTRIES AS A PART OF THE PSC

PROCEEDINGS TO SAFEGUARD THE INTEREST OF RATEPAYERS AND HOLD

ACCOUNTABLE THOSE UTILITIES AND TELECOMS WHO FAIL TO MEET THEIR

CONTRACTURAL AND REGULATORY OBLIGATIONS.

SO RIGHT NOW THIS IS VERY, VERY DUPLICATIVE. WE HAVE

A NUMBER OF AGENCIES THAT ARE ALREADY DOING THIS. THIS IS NOT NEEDED.

IT'S JUST -- IT'S INTERESTING, WE'RE CREATING AN OFFICE TO ADVOCATE, BUT THIS

OFFICE IS GOING TO ACTUALLY COST MORE. I KNOW WHEN WE DEBATED THE BILL

A COUPLE OF YEARS AGO, THE SPONSOR SAID IT'S GOING TO SAVE RATEPAYERS

MONEY. UNFORTUNATELY, WHAT THIS BILL CAN'T DO IS IT CAN'T -- THE POSITION

WON'T BE ABLE TO DO IT, THEY'RE NOT GOING TO BE ABLE TO ADVOCATE AGAINST

OVER ONE-PLUS BILLION DOLLARS IN TAXES, FEES, AND ASSESSMENTS THAT WE

CURRENTLY FIND ON OUR UTILITY BILLS FOR DIFFERENT FEES, FOR ENVIRONMENTAL

(INAUDIBLE) OF SYSTEM BENEFITS CHARGES THAT GETS ADDED TO OUR TAX BILL

AND REPRESENTS ABOUT 25 TO 30 PERCENT OF THE CONSUMER'S TAX BILL. CAN'T

DO ANYTHING TO ADDRESS THE SHOCK AND AWE THAT'S GOING TO COME TO OUR

RATEPAYERS AND BUSINESSES ACROSS THE STATE WHEN THE SO-CALLED GREEN

NEW DEAL, THE CLCPA IS IMPLEMENTED, THAT'S GOING TO COST A GREAT

DEAL OF MONEY ON THEIR TAX BILLS -- ON THEIR UTILITY BILLS.

THIS POSITION, I DON'T -- THEY -- THEY'RE GOING TO TRY TO

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MIRROR IT AFTER THE -- THE -- WHAT CALIFORNIA HAS. CALIFORNIA CURRENTLY,

THEIR DEPARTMENT, THEY HAVE 183 EMPLOYEES, A $44 MILLION BUDGET AND

THAT WAS IN '19-'20, SO -- AND THIS POSITION IS GOING TO HAVE A BROAD

SCOPE, SO THEY'RE GOING TO PROBABLY NEED A BIG OFFICE. SO HOW MANY --

HOW MANY EMPLOYEES ARE GOING TO BE PART OF THAT, HOW BIG THE OFFICE

IS. LIKE I SAID, CALIFORNIA, 183 PEOPLE, $44 MILLION BUDGET. WHO ARE

THEY GOING TO BE ACCOUNTABLE AND HOW MUCH IS THAT GOING TO COST?

THAT'S GOING TO COST MONEY. THEY'RE GOING TO BE ADVOCATING AGAINST

THEMSELVES BECAUSE THIS MONEY THAT THEY'RE SUPPOSEDLY GOING TO SAVE,

THEY'RE GOING TO BE COSTING ON THE UTILITY BECAUSE IT COMES OFF THE UTILITY

BILL. WHEN WE TALKED ABOUT THIS BILL A COUPLE OF YEARS AGO, THE SPONSOR

SAID IT COMES OUT OF THE STATE BUDGET, BUT IT ACTUALLY COMES -- PAID OUT

OF ASSESSMENT ON OUR RATEPAYERS ON THE UTILITY DEALS.

AND I THINK IT'S JUST REALLY KIND OF HARD FOR ME TO

COMPREHEND HOW OFTENTIMES MY COLLEAGUES AND FRIENDS ON THE OTHER

SIDE OF THE AISLE SAY THEY'RE ALWAYS LOOKING OUT FOR THE RATEPAYER ON ONE

HAND BUT, ON THE OTHER HAND, THEY'RE PASSING BILLS THAT LITERALLY SHIFT

COSTS AND WHACK THE RATEPAYERS OF THE STATE ON THE OTHER HAND WITH

POLICIES LIKE SUCH AS THIS. I THINK THIS IS MORE OF A SYMBOLIC POSITION

THAT'S NOT GOING TO DO THE JOB THAT IT'S INTENDED TO DO. LIKE I SAID,

REALLY, IT COULD BE ADVOCATING AGAINST ITSELF BECAUSE IT'S GOING TO COST

MORE MONEY AND I -- IS -- I DON'T THINK IT'S GOING TO GET WHAT WE -- GET

AT THE HEART OF WHAT WE REALLY WANT TO DO, WHICH IS TO REDUCE OUR UTILITY

COSTS AND -- CONSUMER COSTS ON OUR CUSTOMER -- ON OUR RATEPAYERS, OUR

SMALL -- OUR RESIDENTS AND OUR BUSINESSES.

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LITERALLY IF YOU WANT TO DO SOMETHING TO HELP THE

RATEPAYERS OF THIS STATE, YOU CAN BEGIN TO -- BEGIN BY BEING TRANSPARENT

AND HONEST. STOP PASSING BILLS THAT SHIFTS COSTS ON TO THEM. I'LL JUST

MENTION A COUPLE OF THEM. HOW MANY TIMES HAVE WE DONE NET

METERING BILLS IN THIS HOUSE THAT I'VE DISCUSSED AND DEBATED? I KNOW

IT'S ABOUT GREEN ENERGY AND -- AND THE SOLAR PANELS AND THINGS OF THAT

NATURE. WHEN THEY GET -- WHEN THOSE EXCESS CREDITS GET REIMBURSED

BACK TO THE CUSTOMER, THEY GET PAID AT RETAIL RATE INSTEAD OF THE

WHOLESALE SALE OR THE AVOIDED COST RATE. THAT DIFFERENCE IS MADE UP BY

THE OTHER RESIDENTIAL CUSTOMERS THAT DON'T HAVE ACCESS TO THAT, AND IT'S

TAKING MONEY THAT WOULD BE USED TO HELP IMPROVE THE GRID. THAT'S ONE

AREA.

WE TALKED ABOUT ON THE OTHER SIDE OF IT, ON THE CABLE

SIDE OF IT, A COUPLE OF YEARS AGO THIS BODY ENTHUSIASTICALLY, I GUESS,

ACCEPTED A -- A DISASTROUS DOT RIGHT -- RIGHT-OF-WAY FIBER FEE TAX THAT

HAS INCREASED THE COSTS OF BROADBAND AND FIBER TO HELP GIVE BROADBAND

TO OUR -- PICK THEIR RURAL AREAS. IT'S NOT ONLY A DISINCENTIVE TO INVEST FOR

THESE COMPANIES, BUT THOSE COSTS HAVE TO GET PASSED ON AND IT'S GOING

TO GET PASSED ON TO OUR -- OUR INDIVIDUALS WHO WE WANT TO EXPAND

BROADBAND TO WHICH IS REALLY, DOESN'T MAKE SENSE BECAUSE THIS

ADMINISTRATION CONTINUES TO SAY WE HAVE 98 PERCENT OF PUBLIC IS

COVERED BY BROADBAND. IT'S NOT TRUE, WE KNOW IT'S NOT TRUE. IT WAS

EVIDENT WE HAD A PROBLEM BEFORE COVID. IT CAME OUT FAIRLY EVIDENT

AFTER IT THAT WE NEEDED TO DO A BETTER JOB IN THAT AREA. EVEN IN THIS

YEAR'S BUDGET, THE $15 CAP FOR BROADBAND. I MEAN, WHEN YOU'RE ONLY

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NYS ASSEMBLY JUNE 10, 2021

PAYING $15 -- THAT INCLUDES THE TAXES, FEES, AND ASSESSMENTS AS WELL.

WELL, WHEN YOU'RE NOT RE -- NOT GETTING WHAT YOUR COSTS ARE, IF YOU'RE

PAYING -- SOMEONE IS PAYING $15 IF THE COSTS ARE HERE, WHAT HAPPENS TO

THOSE COSTS? THEY GET SHIFTED TO EVERYONE ELSE. AND THAT'S GOING TO

INCREASE COSTS FOR OTHER PEOPLE. THAT'S NOT THE WAY -- YOU KNOW, THAT'S

ANOTHER EXAMPLE OF -- OF COST SHIFTING THAT WE CONTINUE TO SEE HAPPEN

OVER AND OVER AGAIN.

IF WE REALLY WANT TO BE TRANSPARENT AND HONEST, WE

COULD PASS LEGISLATION THAT WE HAVE IN OUR HOUSE IT WOULD BE -- ON OUR

SIDE, THE RATEPAYER TRANSPARENCY DISCLOSURE ACT TO SHOW OUR

RATEPAYERS AND OUR TAXPAYERS WHAT THEY'RE PAYING, SHOW THOSE TAXES,

FEES, AND ASSESSMENTS THAT COME OUT OF THE UTILITY BILLS EVERY SINGLE

MONTH. AGAIN, 25 TO 30 PERCENT OF THE UTILITY BILL ARE TAXES, FEES, AND

ASSESSMENTS, OVER ONE-PLUS BILLION DOLLARS A YEAR. AND -- AND ALSO

AGAIN, I'LL GO BACK TO THE -- THE CLCPA, SOMETHING I'VE BEEN VERY

CRITICAL OF, I KNOW A NUMBER OF PEOPLE IN THIS HOUSE AND ON YOUR SIDE

OF THE AISLE LIKE IT, THINK IT'S A GOOD THING. AND I'VE ADVOCATED AGAINST

IT, DEBATED ON THE FLOOR IN THE PAST, MY PROBLEM WITH IT IS IT ONLY AFFECTS

NEW YORK STATE, IT DOESN'T AFFECT THE REST OF THE COUNTRY WHEN NEW

YORK STATE ONLY CONTRIBUTES .5 PERCENT OF THE TOTAL CARBON EMISSIONS IN

THE COUNTRY AND 3.3 PERCENT IN -- IN THE U.S. THESE COSTS, THIS BILL DOES

NOT AFFECT THE REST OF THE STATES, IT DOESN'T AFFECT CHINA, RUSSIA OR

BRAZIL, IT ONLY AFFECTS -- IT DOESN'T AFFECT PENNSYLVANIA OR OHIO, JUST

NEW YORK.

AND IF WE REALLY WANT TO BE TRANSPARENT AND HONEST

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WITH OUR CONSUMERS, WE SHOULD REALLY BE DOING AND HELPING THEIR UTILITY

BILLS BECAUSE THEY'RE GOING TO GET STICKER SHOCK WHEN THIS COMES

THROUGH AND THEY START DEVELOPING SOME OF THESE PROPOSALS, SOME OF

THEM WE ALREADY HEARD OVER THE COURSE OF THE YEAR WITH THE CCIA. WE

SHOULD BE DOING A FULL COST-BENEFIT ANALYSIS OF THE CLCPA BEFORE

IMPLEMENTING IT TO LET THE PUBLIC KNOW WHAT THIS IS GOING TO COST THEM.

DON'T YOU BELIEVE THEY HAVE THE RIGHT TO KNOW IN DOLLARS AND CENTS THE

TRUE FISCAL COSTS? I'M NOT TALKING ABOUT THE SOCIETAL BENEFITS, I GET THAT,

FOLKS WHO ARE GOING TO ADVOCATE -- BUT THERE ARE STILL TRUE DOLLARS AND

CENTS WHAT THIS IS GOING TO COST THE RATEPAYERS OF THIS STATE WITH HIGHER

UTILITY BILLS. I MEAN, THERE HAVE BEEN ESTIMATES, $5-, $6-, $7 BILLION

ANNUALLY JUST ON THE UTILITY BILL SIDE OF IT FOR RESIDENTS FOR -- FOR

CONSUMERS, FOR MANUFACTURERS AND BUSINESSES.

HOW ABOUT -- AND I KNOW THE WORD NATURAL GAS SEEMS

TO BE A DIRTY WORD IN THIS CHAMBER, I DON'T THINK SO. CARBON -- THE PAST

15 YEARS, OUR CARBON EMISSIONS HAVE DECREASED BECAUSE OF NATURAL GAS.

WE NEED TO BE TRANSPARENT -- IF WE HAVE A FULL COST-BENEFIT ANALYSIS,

LET'S BE TRANSPARENT WITH THE RATEPAYERS AND THE PEOPLE IN THE STATE WHO

USE NATURAL GAS, AND 60 PERCENT OF THE PUBLIC IN NEW YORK STATE HEATS

THEIR HOMES WITH NATURAL GAS, AND THEN WE'RE GOING TO SAY IN THE 15

YEARS THEY'RE GOING TO HAVE TO BE TOTALLY ELECTRIFIED? NINETY-FOUR

PERCENT OF WESTERN NEW YORK HEAT WITH NATURAL GAS AND USE NATURAL

GAS. THAT ONE ESTIMATE THAT CAME OUT FROM A CONSUMER ENERGY

CORPORATION SAID IT WOULD COST THE AVERAGE FAMILY ABOUT $35,000 A YEAR

TO CONVERT FROM NATURAL GAS TO ALL ELECTRIC. WHY AREN'T WE TELLING THE

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PUBLIC ABOUT THAT? THAT'S BEING TRANSPARENT, THAT'S BEING HONEST. THAT'S

WHAT THESE POLICIES THAT YOU'RE PASSING ARE GOING TO -- ARE GOING TO DO

TO THE PUBLIC. THEY DESERVE TO KNOW THIS. I MEAN, YOU'RE SAYING THIS IS

GOOD FOR THEM, BUT THIS IS GOING TO -- THIS IS GOING TO HURT THEM, IT'S

GOING TO HURT BUSINESSES. AGAIN, WHEN NEW YORK CONTRIBUTES JUST .5

PERCENT OF THE TOTAL CARBON EMISSIONS IN THE COUNTRY -- IN THE WORLD AND

3.3 PERCENT IN THE STATE -- IN THE COUNTRY -- IN THE COUNTRY.

SO BECAUSE, MY COLLEAGUES ON THE -- MY FRIENDS ON THE

OTHER SIDE OF THE AISLE CONTINUE TO SAY THEY'RE INTERESTED IN HELPING THE

RATEPAYERS, BUT YOU SEE LEGISLATION THAT CONTINUALLY COMES OUT OF THIS

HOUSE THAT ACTUALLY SHIFTS COSTS TO THEM AND MAKES THEM PAY -- PAY

HIGHER UTILITY BILLS, WHETHER IT'S OUR FAMILIES, OUR FARMERS, OUR SENIORS,

OUR MANUFACTURERS, AND BECAUSE OF THE HISTORY OF THIS BILL AND BECAUSE

WE ALREADY HAVE DEPARTMENTS THAT ARE DOING THIS, FOUR DIFFERENT

DEPARTMENTS THAT ARE ALREADY ADVOCATING ON BEHALF OF RESIDENTS, ON

BEHALF OF OUR UTILITY CUSTOMERS, I'M GOING TO BE VOTING IN THE NEGATIVE

ON THIS BILL AGAIN, AND I WOULD URGE MY COLLEAGUES TO DO THE SAME.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER CONRAD: READ THE LAST

SECTION.

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

ACTING SPEAKER CONRAD: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 4884. 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

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NYS ASSEMBLY JUNE 10, 2021

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS. THOSE WHO WOULD LIKE TO

SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE

CAN RECORD YOUR VOTE. THANK YOU.

ACTING SPEAKER CONRAD: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. MAJORITY COLLEAGUES ARE GOING TO GENERALLY BE IN FAVOR OF THIS

ONE; HOWEVER, THERE MAY BE A FEW WHO WOULD LIKE TO BE AN EXCEPTION.

THEY SHOULD CONTACT THE MAJORITY LEADER'S OFFICE AND WE'LL BE PLEASED

TO RECORD THEIR VOTE.

ACTING SPEAKER CONRAD: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. UNDER OUR CURRENT

REGULATORY FRAMEWORK, THE ENTIRE PREMISE BEHIND THE PUBLIC SERVICE

COMMISSION WAS TO REGULATE UTILITIES AND PROTECT CONSUMERS. THAT'S

THEIR ENTIRE MISSION. BUT IF WE LOST SIGHT OF THAT, I THINK IT WAS LAST

WEEK, WE REQUIRED AT LEAST ONE MEMBER -- BOARD MEMBER OF THE PUBLIC

SERVICE COMMISSION BE A CONSUMER ADVOCATE. AND JUST TO MAKE SURE

THAT THAT MESSAGE IS NOT LOST, WE HAVE THE DEPARTMENT OF STATE UTILITY

INTERVENTION UNIT WHICH IS FOCUSED SOLELY ON HELPING CONSUMERS. SO

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NYS ASSEMBLY JUNE 10, 2021

THIS BILL ADDS YET ONE MORE LAYER, APPARENTLY UNDER THE THEORY THAT MORE

IS GOOD AND YOU CAN'T HAVE ENOUGH OVERLAPPING REGULATORY

REQUIREMENTS. I THINK IT'S JUST BETTER IF WE FOCUS ON MAKING SURE OUR

EXISTING FACILITIES AND ORGANIZATIONS AND AGENCIES AND ADVOCATES DO THE

JOB THAT WE'VE SELECTED THEM FOR. THANK YOU, SIR.

ACTING SPEAKER CONRAD: MR. GOODELL IN THE

NEGATIVE.

MR. DINOWITZ TO EXPLAIN HIS VOTE.

MR. DINOWITZ: I WILL BE BRIEF. THIS IS NOT ANOTHER

LAYER. THIS IS AN INDEPENDENT OFFICE, IT'S NOT DIRECTLY CONTROLLED BY

ANYBODY. THE PERSON WHO'S APPOINTED IS APPOINTED AND THEN

CONFIRMED BY THE SENATE FOR A TERM, THAT WAY HE OR SHE CAN ACT

INDEPENDENTLY IN THE INTEREST OF THE UTILITY CONSUMERS. I BELIEVE EVERY

ONE OF US REPRESENTS SOMEWHERE AROUND 130,000 UTILITY CONSUMERS,

AND I KNOW THAT MANY OF YOU ON THE OTHER SIDE OF THE AISLE VOTE FOR THIS

BILL, PARTICULARLY IF YOU'RE FROM A PLACE LIKE LONG ISLAND, FOR EXAMPLE.

THE EXPERIENCE IN OTHER STATES THAT HAVE THIS IS THAT THE

UTILITY CONSUMERS HAVE SAVED HUGE AMOUNTS OF MONEY, MILLIONS,

SOMETIMES TENS OR HUNDREDS OF MILLIONS, AND I THINK IN THE CASE OF

CALIFORNIA, BILLIONS. LOTS OF MONEY HAS BEEN SAVED BY CONSUMERS

BECAUSE THEY HAVE AN INDEPENDENT UTILITY CONSUMER ADVOCATE'S OFFICE

AND IF THIS STATE HAS ONE, OUR UTILITY CONSUMERS WILL BENEFIT, AS WELL.

SO I WOULD URGE A YES VOTE AND I AM VOTING YES.

ACTING SPEAKER CONRAD: MR. DINOWITZ IN

THE AFFIRMATIVE.

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NYS ASSEMBLY JUNE 10, 2021

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. MIKULIN, MS. MILLER, MR.

MONTESANO, MR. SCHMITT, MR. SMULLEN, AND MR. TANNOUSIS. ALSO JOE

GIGLIO. THANK YOU, SIR.

ACTING SPEAKER CONRAD: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 8, RULES REPORT NO. 260, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07536-B, RULES

REPORT NO. 260, DINOWITZ, GALEF, CYMBROWITZ, SILLITTI, ENGLEBRIGHT,

ZINERMAN, DAVILA, FAHY, MORINELLO, LAWLER, MCDONOUGH,

SANTABARBARA. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO MAKING

THE FALSIFICATION OF COVID-19 VACCINATION RECORDS A CRIME.

ACTING SPEAKER CONRAD: 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 CONRAD: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 4516-C. THE VOTE -- I'M SORRY. 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 10, 2021

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

GENERALLY OPPOSED BY THE REPUBLICAN CONFERENCE FOR THE REASONS TO BE

EXPLAINED SHORTLY BY ASSEMBLYMEMBER WALSH. FOR THOSE WHO ARE NOT

CONVINCED, THEY CAN CERTAINLY CALL THE MINORITY LEADER'S OFFICE AND

WE'LL RECORD THEIR VOTE. I DON'T THINK THAT WILL BE MANY, BUT THAT'S

CERTAINLY AN OPTION.

ACTING SPEAKER CONRAD: UNDERSTOOD.

THANK YOU, MR. GOODELL.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS

PIECE OF LEGISLATION; HOWEVER, SHOULD ANYONE DECIDE TO BE AN

EXCEPTION, PLEASE CONTACT THE MAJORITY LEADER'S OFFICE SO WE MIGHT

RECORD YOUR VOTE.

ACTING SPEAKER CONRAD: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. SO THIS BILL,

IT -- IT STARTS TO -- AFTER A WHILE, THESE START TO KIND OF BLEND IN FOR YOU,

RIGHT? BUT WE VOTED ON A VERSION OF THIS BILL BACK ON JUNE 3RD AND WE

HAD 43 NO VOTES, THEN THE BILL WAS AMENDED AND THE AMENDMENT,

BASICALLY IT DOWNGRADED THE FALSIFICATION OF A COVID-19 VACCINATION

CARD TO FORGERY IN THE THIRD DEGREE, A CLASS A MISDEMEANOR, AND IT

ADDED INTENTIONALLY ALTERING OR DESTROYING COMPUTER MATERIAL TO

COMPUTER TAMPERING IN THE THIRD DEGREE, WHICH IS A CLASS E FELONY.

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NYS ASSEMBLY JUNE 10, 2021

SO MY -- MY TWO CENTS IS THAT WE HAD 43 NO VOTES,

LIKE, LAST WEEK. I DON'T THINK -- AND I THINK THE REASON LARGELY FOR THE NO

VOTES WAS THAT IT WAS FELT THAT THIS BILL WAS NOT NECESSARY TO HAVE A BILL

THAT'S SPECIFICALLY CALLING OUT FORGERY OF VACCINATION RECORDS, THAT THE

FORGERY STATUTE WAS -- YOU KNOW, SUBSTANTIAL ON ITS OWN. EXISTING LAW

ALREADY COVERS THIS AND, YOU KNOW, SO I -- I DON'T KNOW REALLY WHAT

ABOUT THIS BILL EVEN IN ITS AMENDED FORM MAKES IT MORE NECESSARY, YOU

KNOW, NOW THAN IT WAS WHEN WE VOTED ON IT LAST WEEK. SO I'LL BE IN THE

NEGATIVE AGAIN. THANK YOU.

ACTING SPEAKER CONRAD: MS. WALSH IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 22, RULES REPORT NO. 663, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06232-C, RULES

REPORT NO. 663, BICHOTTE HERMELYN, DICKENS. AN ACT TO ESTABLISH A

CONSTRUCTION INDUSTRY ADVISORY COUNCIL ON PUBLIC CONTRACTING REFORM.

ACTING SPEAKER CONRAD: ON A MOTION BY

MS. BICHOTTE HERMELYN, 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 CONRAD: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 4323-C. THIS IS A FAST ROLL CALL. ANY

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

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NYS ASSEMBLY JUNE 10, 2021

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. BICHOTTE HERMELYN TO EXPLAIN HER VOTE.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO APPEAR BEFORE MY COLLEAGUES TODAY IN

SUPPORT OF THIS LEGISLATION WHICH ESTABLISHES A CONSTRUCTION INDUSTRY

ADVISORY COUNCIL COMPRISED OF 21 INDUSTRY REPRESENTATIVES, LABOR

REPRESENTATIVES, STATE LEGISLATORS AND AGENCY HEADS TO PROPOSE A

REFORM TO THE PUBLIC WORKS BIDDING AND CONTRACTING PROCESS IN NEW

YORK. THERE IS -- RIGHT NOW, THERE'S CURRENTLY A LACK OF WEIGH IN ON THE

PUBLIC CONTRACTING PROCESS. CONSTRUCTION AND CONTRACTORS OFTEN FACE

SIGNIFICANT CHALLENGES WHEN BIDDING AND WORKING ON PUBLIC WORK

PROJECTS. SO AS THE CHAIR OF THE SUBCOMMITTEE OF THE MWBES, I

BELIEVE THIS COMMITTEE WILL ADD VALUE TO THAT PROCESS AND OFFER A PLACE

FOR STAKEHOLDERS TO HAVE A PRODUCTIVE DIALOGUE.

OFTEN, THE INCLUSION OF AN ONEROUS INEQUIP --

INEQUITABLE OR INCONSISTENT AGENCY'S CONTRACT TERMS AND CONDITIONS

GOVERNING ISSUES SUCH AS CONTRACT TO PAYMENT, JOB DELAYS AND DISPUTE

RESOLUTIONS OFTEN CODIFIED INTO STATUTE OR REGULATION PLACE AN UNFAIR

BURDEN ON CONTRACTORS AND SUBCONTRACTORS. PRIOR ATTEMPTS TO ADDRESS

THESE INEQUITIES THROUGH INDIVIDUALS' BILLS HAVE BEEN PROVEN

UNSUCCESSFUL. A MORE EQUITABLE AND COMPREHENSIVE APPROACH IS

WARRANTED.

SO CURRENT INEFFICIENCIES IN THE PUBLIC CONTRACTING

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NYS ASSEMBLY JUNE 10, 2021

PROCESS ARE RESPONSIBLE FOR DRIVING UP THE COSTS OF CONSTRUCTION,

MAKING NEW YORK A LESS COMPETITIVE PLACE TO ENGAGE IN SUCH WORK

WHICH, IN TURN, HARMS THE STATE ECONOMY AND COSTS JOBS. THE ADVISORY

COUNCIL WOULD BE IN CHARGE WITH THE STUDYING OF THE CURRENT PUBLIC

CONTRACTING PROCESS AND ADOPTING RECOMMENDATIONS, BEST PRACTICES,

LEGISLATIVE PROPOSALS, IN ORDER TO REFORM AND IMPROVE THE CURRENT

SITUATION BY MAKING IT MORE FAIR, PREDICTABLE, AND EQUITABLE FOR ALL

PARTIES. SCOPE OF ADVISORY COUNCIL INQUIRY LIMITED TO THE FOLLOWING

PROJECTS: DELAY DAMAGES, SUBSTANTIAL COMPLETION, MWBE CONTRACTING,

AND RETAINAGE. SO IN THIS POST-PANDEMIC ECONOMY IN THE STATE, I THINK

WE SHOULD SUPPORT THIS. I ENCOURAGE ALL MY -- MY COLLEAGUES TO

SUPPORT THIS EFFORT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER CONRAD: HOW DO YOU VOTE?

MS. BICHOTTE HERMELYN IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 22, RULES REPORT NO. 666, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06424, RULES REPORT

NO. 666, BICHOTTE HERMELYN, PICHARDO, PERRY. AN ACT TO AMEND THE

WORKERS' COMPENSATION LAW, IN RELATION TO PROVIDING A CLAIM-FILING

OPPORTUNITY FOR THE WIDOWS AND DEPENDENTS OF WORKERS WHO DIED AS A

RESULT OF CANCER CAUSED BY EXPOSURE TO DIESEL EXHAUST.

ACTING SPEAKER CONRAD: ON A MOTION BY

MS. BICHOTTE HERMELYN, THE SENATE BILL IS BEFORE THE HOUSE. THE

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NYS ASSEMBLY JUNE 10, 2021

SENATE BILL IS ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER CONRAD: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 661. THIS IS A PARTY VOTE. ANY MEMBER

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

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

PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. FOR REASONS I'LL

EXPLAIN IN JUST A MINUTE, THIS WILL BE A PARTY VOTE. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED. THOSE WHO SUPPORT IT EVEN

AFTER LISTENING TO ME SHOULD CALL THE MINORITY LEADER'S OFFICE AND WE'LL

RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER CONRAD: THANK YOU.

MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER, I'D LIKE TO REMIND

MY COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE

RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, I ASK MAJORITY

MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER

PREVIOUSLY PROVIDED AND WE'LL THEN ANNOUNCE YOUR NAME ACCORDINGLY.

ACTING SPEAKER CONRAD: THANK YOU, MS.

HUNTER.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. IN ORDER TO FILE A

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NYS ASSEMBLY JUNE 10, 2021

WORKERS' COMPENSATION CLAIM, A CLAIMANT HAS TO FILE WITHIN A CERTAIN

TIME FRAME. AND THE REASON WE HAVE A FAIRLY SHORT STATUTE OF

LIMITATIONS IS SO THAT WE CAN BE SURE THAT THE INJURY THAT THEY CLAIM WAS

THE RESULT OF A WORK INJURY AND NOT THE RESULT OF SOMETHING ELSE. THAT

PRESENTS SOME ISSUES SOMETIMES WHEN PEOPLE DON'T REALIZE THAT

EXPOSURE TO CERTAIN CHEMICALS CAN HAVE A LONG-TERM IMPACT. AND SO

THAT IS THE CASE WITH SOME PEOPLE WHO HAVE BEEN EXPOSED TO DIESEL

EXHAUST AND SUBSEQUENTLY DEVELOPED CANCER.

SO THIS BILL OPENS UP AN UNLIMITED STATUTE OF

LIMITATIONS FOR ONE YEAR. SO IT'S LIKE A ONE YEAR FREE-FOR-ALL, YOU CAN

FILE A CLAIM NO MATTER HOW LONG AGO YOU WERE EXPOSED TO DIESEL

EXHAUST. AND THE PROBLEM IS WHEN YOU GO BACK 10, 15, 20 YEARS, THERE

ARE SO MANY INTERVENING CAUSES THAT MIGHT AFFECT IT THAT IT MAKES IT

EXTRAORDINARILY DIFFICULT AND PROBLEMATIC TO ESTABLISH THE NEXUS THAT

SHOULD BE ESTABLISHED. AND IT'S IMPORTANT FOR US TO KEEP IN MIND THAT

WHILE WE WANT TO BE FAIR TO EMPLOYERS -- EMPLOYEES, FOR SURE, WE ALSO

HAVE TO BE FAIR TO THE EMPLOYERS WHO ARE PAYING THESE BILLS. AND ALL OF

OUR EMPLOYERS ARE STRUGGLING TO RECOVER FROM THE IMPACTS OF THE

COVID AND NOT -- NOW IS NOT THE RIGHT TIME, IN MY OPINION, TO OPEN UP

AN UNLIMITED CLAIM PERIOD FOR ONE YEAR FOR A FREE-FOR-ALL ON CLAIMS THAT

RELATE TO POSSIBLE EXPOSURE TO DIESEL SMOKE.

AND FOR THAT REASON, WHILE I AM APPRECIATIVE OF THE

FACT THAT WE'RE ENCOURAGING WORKERS TO FILE CLAIMS GOING FORWARD, AN

UNLIMITED STATUTE OF LIMITATIONS IS INAPPROPRIATE. THANK YOU, SIR.

ACTING SPEAKER CONRAD: MR. GOODELL IN THE

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NYS ASSEMBLY JUNE 10, 2021

NEGATIVE.

MS. BICHOTTE HERMELYN TO EXPLAIN HER VOTE.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO SPEAK ON MY BILL AND TO EXPLAIN MY VOTE.

THIS IS A BILL WHICH PROVIDES A CLAIM FILING OPPORTUNITY FOR THE WIDOWS

AND DEPENDENTS OF WORKERS WHO HAVE DIED BECAUSE OF CANCER CAUSED

BY EXPOSURE TO DIESEL EXHAUST. THIS IS NOT AN UNLIMITED WINDOW, THIS

WILL TAKE EFFECT ONE YEAR -- UP TO ONE YEAR FROM THE DATE OF THE EFFECTIVE

-- FROM THE BILL EFFECTIVE DATE. SO IT'S NOT AN UNLIMITED WINDOW OF

STATUTE OF LIMITATION. FOR YEARS, TRANSPORTATION WORKERS, DEDICATED

PUBLIC SERVANTS WHO POWER OUR CITY PUBLIC TRANSPORTATION HAVE

SUFFERED AND SUCCUMBED TO ILLNESSES AND DISEASE RESULTING FROM

PROLONGED EXPOSURE TO DIESEL DUST EMISSIONS.

DURING THE COVID-19 CRISIS, WE AS A SOCIETY GAINED A

NEW FOUND RESPECT FOR ESSENTIAL WORKERS WHO RISKED THEIR LIVES EVERY

DAY TO KEEP OUR STATE GOING. TRANSPORTATION WORKERS HAVE SERVED IN

THIS ESSENTIAL ROLE KEEPING OUR AIRLINES, RAILROADS, BUSES AND SUBWAYS

RUNNING DURING THE CRISIS AND BEFORE. UNFORTUNATELY, IT IS NOT WITHOUT

RISK. SCIENCE HAS AT LAST SUPPORTED WHAT MANY TRANSPORTATION WORKERS

AND THEIR FAMILIES HAS SUSPECTED FOR A LONG TIME, THAT DIESEL DUST

EMISSIONS ARE LUNG CARCINOGEN. SCIENCE DOESN'T LIE.

WHILE WE CANNOT COMPLETELY MITIGATE THIS RISK, WE

CAN PROVIDE THE FAMILIES OF THESE ESSENTIAL WORKERS IN PUBLIC SERVICE

WITH COMPENSATION WHEN THEY LOSE A LOVED ONE DUE TO ILLNESS RELATED TO

EXPOSURE TO THESE CARCINOGENS. ANTHONY NIGRO, WHICH THIS BILL IS

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NAMED AFTER, A BUS MECHANIC WHO PASSED AWAY EARLY IN 2012 AND WHO

THIS BILL IS NAMED AFTER, PASSED AWAY FROM REGULAR EXPOSURE TO THE

HARMFUL DIESEL EXHAUST. BUT HIS WIDOW WAS BARRED FROM MAKING HER

CLAIM FOR DEATH BENEFITS BECAUSE THE STATUTE OF LIMITATION EXPIRED

BEFORE SCIENTIFIC PROOF OF DIESEL EXHAUST AS A CLASS ONE CARCINOGEN

BECAME AVAILABLE. UNFORTUNATELY ANTHONY'S WIDOW IS ONE OF MANY

NEW YORKERS WHO SHOULD HAVE RECEIVED APPROPRIATE COMPENSATION BUT

DID NOT. THE SCIENCE IS AVAILABLE NOW AND IT SUPPORTS WHAT WE HAVE

LONG SUSPECTED. WE CANNOT WAIT ANOTHER DAY. WE MUST PASS THIS BILL --

ACTING SPEAKER CONRAD: MS. BICHOTTE

HERMELYN, HOW DO YOU VOTE?

MS. BICHOTTE HERMELYN: I WILL VOTE IN THE

AFFIRMATIVE TO AMEND THE WORKERS' COMPENSATION LAW FOR THE -- TO

ALLOW DEATH BENEFITS IN RELATION TO CANCER CAUSED BY DIESEL EXHAUST

EXPOSURE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER CONRAD: MS. BICHOTTE

HERMELYN IN THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MR. SCHMITT AND MR. TANNOUSIS IN THE AFFIRMATIVE. THANK

YOU, SIR.

ACTING SPEAKER CONRAD: 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 10, 2021

MRS. PEOPLES-STOKES.

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

COULD TURN OUR ATTENTION TO THE A-CALENDAR THAT YOU SO HAPPILY PUT

FORTH EARLIER, AND WE'RE GOING TO BILL NO. 3370, IT'S RULES REPORT NO.

755, IT'S BY MR. MCDONALD AND MS. FAHY; FOLLOWED BY, MR. SPEAKER,

BACK TO OUR DEBATE LIST, RULES REPORT NO. 710, 5576 BY MS. FORREST;

AND THEN RULES REPORT NO. 740, ASSEMBLY BILL 8022 BY MS. DAVILA;

FOLLOWED BY RULES REPORT NO. 709, 5424, BY MS. [SIC] TAYLOR; AND

IMMEDIATELY FOLLOWED BY RULES REPORT NO. 737, ASSEMBLY BILL 7931

BY MR. CARROLL. IN THAT ORDER, MR. SPEAKER, AND THANK YOU.

ACTING SPEAKER AUBRY: PAGE 5, RULES REPORT

NO. 755, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03370-B, RULES

REPORT NO. 755, MCDONALD, FAHY. AN ACT TO AMEND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO FACILITIES UTILIZED BY THE ALBANY PARKING

AUTHORITY AND INCREASING THE AMOUNT OF BONDS OF THE ALBANY PARKING

AUTHORITY AUTHORIZED TO BE OUTSTANDING.

ACTING SPEAKER AUBRY: MR. -- READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 3370-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.

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NYS ASSEMBLY JUNE 10, 2021

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 25, RULES REPORT NO. 710, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05576-A, RULES

REPORT NO. 710, FORREST, HUNTER, RICHARDSON, NIOU, SEPTIMO,

MAMDANI, BURDICK, GONZ�LEZ-ROJAS, JACKSON, GALLAGHER, KELLES,

MITAYNES, MEEKS, CLARK, EPSTEIN, SIMON, HEVESI, BARRON, ANDERSON,

WEPRIN, TAYLOR, O'DONNELL, QUART, L. ROSENTHAL, ABINANTI, CARROLL,

GOTTFRIED, DICKENS, AUBRY, DINOWITZ, BICHOTTE HERMELYN, CRUZ,

SEAWRIGHT, PAULIN, WALKER, COOK, OTIS, REYES, BRONSON, PERRY,

BURGOS, VANEL, LUPARDO, CAHILL, LAVINE, FAHY, DE LA ROSA, GALEF,

RODRIGUEZ, BARRETT, HYNDMAN, SOLAGES, FRONTUS, MCDONALD, J. D.

RIVERA, DAVILA, PRETLOW, STECK, KIM, JOYNER, JEAN-PIERRE, PICHARDO, J.

RIVERA, DARLING, FERNANDEZ. AN ACT TO AMEND THE EXECUTIVE LAW AND

THE PENAL LAW, IN RELATION TO REVOCATION OF COMMUNITY SUPERVISION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

FORREST, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MS. FORREST, AN EXPLANATION HAS BEEN REQUESTED.

(PAUSE)

MR. WEPRIN TO EXPLAIN.

MR. WEPRIN: THANK YOU, MR. SPEAKER. THIS

LEGISLATION WOULD AMEND THE EXECUTIVE LAW AND THE PENAL LAW

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REGARDING THE PAROLE SUPERVISION PROCESS IN NEW YORK STATE. THIS BILL

WOULD BRING COURTS INTO THE REVIEW OF PAROLE VIOLATION MATTERS, MUCH

LIKE JUDGES HAVE A ROLE IN PROBATION VIOLATION PROCEEDINGS. IT WOULD

HELP ASSURE DUE PROCESS AND ACCURATE RESULTS IN PAROLE VIOLATION

PROCEEDINGS. FOR PERSONS CHARGED WITH A VIOLATION OF PAROLE THAT

INVOLVES AN ALLEGATION OF CRIMINAL CONDUCT, EITHER A MISDEMEANOR OR

FELONY, THE SAME SANCTIONS PRESENTLY AVAILABLE WOULD REMAIN. THIS

WOULD INCLUDE POTENTIALLY THE DEFENDANT'S RETURN TO STATE PRISON FOR THE

BALANCE OF THEIR ORIGINAL SENTENCE. FOR AN ALLEGED VIOLATION OF THE RULES

OF PAROLE NOT INVOLVING ALLEGED MISDEMEANOR OR FELONY CONDUCT, TIME

LIMITS WOULD BE PLACED ON THE USE OF JAIL AS A SANCTION. THE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WOULD BE

ENCOURAGED TO USE OTHER METHODS SUCH AS MORE FREQUENT REPORTING,

CURFEWS AND THE LIKE, BEFORE USING A JAIL SANCTION. THANK YOU.

MR. MORINELLO: WILL THE SPONSOR YIELD FOR A

COUPLE OF QUESTIONS?

MR. WEPRIN: I'D BE HAPPY TO.

MR. MORINELLO: SIR, THERE'S A PROVISION THERE --

WELL, FIRST OF ALL, LET ME START OUT THIS WAY. THE SENTENCE IS IMPOSED BY

A JUDGE, AM I NOT CORRECT?

MR. WEPRIN: YOU'RE CORRECT.

MR. MORINELLO: OKAY. AND THE JUDGE IN NEW

YORK STATE, DEPENDING ON THE NATURE OF THE CRIME, HAS CERTAIN

SENTENCING GUIDELINES THAT THEY MUST FOLLOW, AM I NOT CORRECT?

MR. WEPRIN: YOU'RE CORRECT.

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NYS ASSEMBLY JUNE 10, 2021

MR. MORINELLO: OKAY. SO A JUDGE WILL SENTENCE

SOMEONE TO -- TO PRISON AND WITHIN THAT, THERE'S -- THERE'S THE DISCRETION

TO GRANT PAROLE AFTER THE MINIMUM TIME THAT IS PUT IN FOR SENTENCE BY

THE JUDGE, CORRECT?

MR. WEPRIN: I BELIEVE THAT IS CORRECT.

MR. MORINELLO: OKAY. SO MY FIRST QUESTION IS,

OTHER THAN THE INITIALS, DOES THIS TAKE AWAY ANY OF THE PREROGATIVE OF THE

JUDGE AND REDUCES SENTENCING? SO IT TAKES AWAY THE JUDGE'S SENTENCING

AND PUTS IT OFF INTO PROBATION OR INTO THIS LAW?

MR. WEPRIN: WELL --

MR. MORINELLO: WOULD THAT NOT BE CORRECT?

MR. WEPRIN: WELL, EXCEPT IN THE CASES OF FELONY OR

MISDEMEANORS WHERE THE -- THE CURRENT LAW WOULD -- WOULD BE IN PLACE.

MR. MORINELLO: ALL RIGHT. BUT THERE'S MORE THAN

JUST FELONIES AND MISDEMEANOR --

I'M SORRY, I NEED TO ADJUST MY MASK. MAY I FOR A

SECOND, PLEASE?

MR. WEPRIN: IT'S OKAY WITH ME.

MR. MORINELLO: NO, I KNOW, I'M ASKING THE

CHAIR. ONLY BECAUSE IT'S SO DIFFICULT TO DEBATE WITH THIS.

BUT LET'S GO BACK TO -- SO THIS WOULD HAVE SOME IMPACT

ON THE JUDGE'S SENTENCING, TAKING AWAY THE JUDGE'S DISCRETION IN HIS

SENTENCING WITHOUT GOING BACK TO THE JUDGE, AM I NOT CORRECT?

MR. WEPRIN: IN -- IN A SENSE, FOR -- FOR VIOLATIONS

WHICH ARE A TECHNICAL VIOLATION. YOU KNOW, THIS BILL HAS BROAD SUPPORT

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NYS ASSEMBLY JUNE 10, 2021

FROM MANY DISTRICT ATTORNEYS THROUGHOUT THE STATE, AS WELL AS OTHER

PEOPLE, INCLUDING FORMER JUDGES AND COMMISSIONERS INVOLVED IN THE

SYSTEM. SO THIS PARTICULAR BILL HAS VERY BROAD SUPPORT FROM ALL ASPECTS

OF THE CRIMINAL JUSTICE SYSTEM.

MR. MORINELLO: I -- I REALLY APPRECIATE THE

COMMENTARY, BUT THAT WASN'T MY QUESTION, OKAY? MY QUESTION IS THE

JUDGE'S SENTENCE IS PUT ON BY THE JUDGE; YET, THIS BILL SEEMS TO INTERFERE

WITH THE SENTENCE WHEN IT COMES TO WHAT THE MINIMUM AND MAXIMUM

IS, INCLUDING WHAT THEIR -- ONCE THEY'VE SERVED THE MINIMUM AND THEY'RE

PUT ON PAROLE OR ELIGIBLE FOR PAROLE, THERE'S ALSO GUIDELINES THAT ARE NOT

GOING TO BE FOLLOWED IN THIS, CORRECT?

MR. WEPRIN: THAT COULD BE THE CASE, BUT WE'RE

TALKING ABOUT -- WE'RE TALKING ABOUT INDIVIDUALS WHO HAVE ALREADY BEEN

PAROLED, AND THE IDEA IS THAT THEY SHOULD NOT BE RETURNED TO PRISON FOR

THOSE TECHNICAL VIOLATIONS EXCEPT IF THERE'S A MISDEMEANOR OR -- AN

ADDITIONAL MISDEMEANOR OR A FELONY CONVICTED -- COMMITTED.

MR. MORINELLO: OKAY. BUT THE CONCEPT IS TO

INTERFERE WITH THE JUDGE'S SENTENCE, AND THAT'S THE PART THAT DISTURBS ME.

IT'S NOT GIVING SOMEBODY A BREAK. NOW, THERE'S ALSO -- IN THE BILL, IT

SAYS EARNED TIME CREDIT. SO IF THE SENTENCE CALLS FOR TWO YEARS OF

PAROLE, ACCORDING TO THIS IT'S MY UNDERSTANDING IF THEY SERVE 12 MONTHS

AND THEY DON'T GET RETURNED, THE SECOND 12 MONTHS OF THE TWO YEARS IS

VOIDED, AM I CORRECT?

MR. WEPRIN: I DON'T KNOW ABOUT VOIDED, YOU GET

MERIT TIME, YOU KNOW, FOR --

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NYS ASSEMBLY JUNE 10, 2021

MR. MORINELLO: WELL --

MR. WEPRIN: -- GOOD BEHAVIOR.

MR. MORINELLO: ALL RIGHT. SO MERIT TIME VOIDS

THE REMAINDER OF THE SENTENCE, CORRECT?

MR. WEPRIN: WELL, IT REDUCES IT.

MR. MORINELLO: ALL RIGHT. WELL, REDUCE -- IT

ELIMINATES IT, CORRECT?

MR. WEPRIN: YEAH, IT'S ONLY AS LONG AS YOU DON'T

RE-OFFEND.

MR. MORINELLO: CORRECT, BUT IF YOU DON'T

RE-OFFEND, DOES IT NOT REDUCE IT, WHICH IS A WAY OF ELIMINATING IT. YOU

SERVE 12 MONTHS ON A 24-MONTH PROBATION, AT THE END OF THE 12 MONTHS

YOU -- YOU DON'T HAVE TO SERVE THE OTHER 12, IS THAT CORRECT?

MR. WEPRIN: THE IDEA IS THIS IS A -- A FORM OF

PAROLE REFORM FOR PEOPLE THAT ARE NOT COMMITTING MISDEMEANORS OR

FELONIES, ALREADY ARE OUT ON PAROLE, AND SHOULD NOT BE RE-INCARCERATED

FOR TECHNICAL VIOLATIONS.

MR. MORINELLO: ALL RIGHT.

MR. WEPRIN: THAT'S -- THAT'S THE PURPOSE OF THE

LAW, IT'S CHANGING THE LAW WHEN IT COMES TO THOSE TYPE OF PAROLE

VIOLATIONS.

MR. MORINELLO: BUT IT DOES NOT ANSWER MY

QUESTION, BUT I'LL MOVE ON BECAUSE I WON'T GET AN ANSWER. NOW, WHAT

DISTURBS ME IS THERE'S A TECHNICAL VIOLATION DEFINITION, TECHNICAL

VIOLATION IS IN AN IMPORTANT RESPECT. CAN YOU EXPLAIN WHAT AN

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IMPORTANT RESPECT IS?

MR. WEPRIN: IMPORTANT -- WELL, IT'S A TECHNICAL

VIOLATION THAT'S NOT A MISDEMEANOR OR A FELONY. I -- I DON'T KNOW ABOUT

THAT PARTICULAR TERM IN THE LAW, BUT THE -- THE IDEA ON THE EARNED GOOD

BEHAVIOR TIME IS TO ENCOURAGE PEOPLE, YOU KNOW, NOT TO RE-OFFEND AND

THAT'S WHY THEIR SUPERVISION TIME IS REDUCED DUE TO EARNED -- EARNED

CREDIT TIME.

MR. MORINELLO: SO YOU CANNOT TELL ME WHAT IS

MEANT IN THE -- I MEAN, IT'S PUT IN THE LAW AND WHEN A JUDGE OR A JURY OR

AN ATTORNEY HAS TO LOOK AT IT, AN IMPORTANT RESPECT. SO AM I TO

UNDERSTAND YOU CANNOT GIVE ME WHAT IS MEANT BY AN IMPORTANT

RESPECT?

MR. WEPRIN: IF YOU GIVE ME A MINUTE, I'LL --

MR. MORINELLO: OKAY.

MR. WEPRIN: -- CONSULT COUNSEL.

(PAUSE)

APPARENTLY, IT'S -- IT'S THE -- IT'S THE LANGUAGE THAT'S

CURRENTLY IN THE LAW. SO I GUESS I'M NOT SURE WHAT THE LEGAL DEFINITION

OF THAT IS, BUT IT'S ALREADY IN -- IN THE LAW NOW.

MR. MORINELLO: WELL, IF YOU ARE INVOLVED IN THE

DRAFTING OF THIS OR YOU'RE A COSPONSOR, WOULDN'T IT BE A LITTLE BETTER TO

PUT DOWN WHAT THE ACTUAL PARAMETERS ARE SO THAT IF THERE'S A VIOLATION

IT'S NOT LEFT TO SPECULATION?

MR. WEPRIN: WELL, IT'S -- IT'S ACTUALLY -- IT'S IN

SECTION 259, SUBDIVISION 3 OF THE PENAL LAW. SO YOU COULD -- YOU

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COULD LOOK UP, YOU KNOW, THAT PARTICULAR DEFINITION. BUT THERE IS A

DEFINED DEFINITION --

MR. MORINELLO: OKAY. BUT AT THIS POINT, YOU

CAN'T TELL ME TO PUT ON THE RECORD, I -- I HAVE TO GO RESEARCH IT.

MR. WEPRIN: WELL, I DO KNOW IT'S BEEN THE LAW FOR

30 YEARS IN -- IN THE EXECUTIVE LAW.

MR. MORINELLO: OKAY. NOW, THERE IS A SECTION

THAT SAYS THEY CANNOT BE RE-INCARCERATED FOR DRINKING, CORRECT? EVEN IF

THEY'RE RESTRICTED OR TOLD THEY CANNOT HAVE ANY ALCOHOL, AM I CORRECT?

MR. WEPRIN: DRINKING, IF IT'S NOT RELATED TO, YOU

KNOW, A DWI OR, YOU KNOW, ANY OTHER TYPE OF POTENTIAL CRIMINAL

CONDUCT WOULD BE CONSIDERED A TECHNICAL VIOLATION.

MR. MORINELLO: SO WOULD IT BE FAIR TO SAY THAT

WHAT THIS ACTUALLY DOES IS TELLS SOMEONE ON PROBATION NOT TO WORRY

BECAUSE THERE WILL BE NO CONSEQUENCES TO HIS ACTIONS AND HE DOES NOT

HAVE TO WORRY ABOUT BEING RESPONSIBLE, CORRECT?

MR. WEPRIN: NO, THAT IS INCORRECT.

MR. MORINELLO: AND WHY IS IT INCORRECT? I

MEAN, BASICALLY THEY CAN DO ALMOST ANYTHING THEY WANT OTHER THAN

COMMIT A MURDER, ANOTHER FELONY, OR GET ARRESTED FOR ANOTHER CRIME AND

THEY CAN GET ALMOST A FREE WALK.

MR. WEPRIN: WELL, PUBLIC INTOXICATION IS AN

OFFENSE, BUT HERE WE'RE -- WE'RE TALKING ABOUT YOU KNOW,

NON-MISDEMEANORS AND NON-FELONIES.

MR. MORINELLO: OKAY.

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MR. WEPRIN: HERE WE'RE -- YOU -- YOU CAN'T RISK --

IT'S NOT ILLEGAL OR A MISDEMEANOR OR A FELONY TO DRINK IN YOUR OWN HOME

AND GET --

MR. MORINELLO: WELL, BUT YOU'RE ALSO ON PAROLE

WHICH MEANS YOU HAVE CERTAIN RESTRICTIONS YOU HAVE TO FOLLOW. IT'S LIKE

HAVING A CHILD AND TELLING THEM THEY CAN'T DO SOMETHING. DO YOU JUST

IGNORE IT AND NOT PUNISH THEM?

MR. WEPRIN: THE POINT HERE IS THAT PEOPLE ARE

OFTEN RE-INCARCERATED FOR NON-DANGEROUS ACTIVITY, ACTIVITY THAT IS NOT A

VIOLATION OF THE LAW EITHER THROUGH A MISDEMEANOR OR A FELONY. AND

CERTAINLY, IF SOMEONE WAS CONVICTED -- IF SOMEONE WAS CHARGED WITH

EITHER DWI OR D -- DUI, THEY COULD BE SENT BACK TO PRISON, YOU KNOW,

FOR A NUMBER OF YEARS. SO THIS...

MR. MORINELLO: SO BASICALLY WHAT IT'S SAYING IS

IF YOU'RE ON PAROLE AND YOU'RE GETTING A BREAK AND YOU'RE OUT OF PRISON,

AH, YOU CAN FOOL AROUND A LITTLE, YOU CAN BREAK SOME OF THE RULES AND

NOT HAVE TO BE PUNISHED, JUST DON'T BREAK ANY BIG ONES.

MR. WEPRIN: NO, THAT'S NOT TRUE. IT'S NOT TRUE,

JUDGE. IT BASICALLY DEALS WITH WHAT WE CONSIDER TECHNICAL VIOLATIONS.

IN THIS PARTICULAR CASE, YOU MAY THINK DRINKING IS NOT A TECHNICAL

VIOLATION BUT AS LONG AS THERE'S NO DRIVING INVOLVED OR NO -- ANY KIND

OF, YOU KNOW, PUBLIC INTOXICATION AND, YOU KNOW, CAUSING ANY FORM OF

NUISANCE, IT WOULD BE CONSIDERED A TECHNICAL VIOLATION AND YOU SHOULD

NOT BE RE-INCARCERATED FOR THAT.

MR. MORINELLO: ALL RIGHT. TO DETERMINE THAT, I'D

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HAVE TO GO TO ANOTHER SECTION OF THE PENAL LAW, CORRECT?

MR. WEPRIN: YOU COULD -- YOU COULD DO THAT.

MR. MORINELLO: OKAY. THANK YOU FOR YOUR

ANSWERS.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MORINELLO: I'D LIKE TO MAKE IT CLEAR ON THE

ONSET THAT I SUPPORT RE-ENTRY INTO THE COMMUNITY AND I SUPPORT SUPPORT

FOR THOSE THAT ARE RE-ENTERING. WE DO NOT WANT THEM TO RE-OFFEND, WE

DO NOT WANT THEM TO GET BACK INTO A CRIMINAL STYLED LIFESTYLE. BUT WHAT

IT SEEMS TO BE MISSING IN ALL OF THESE REFORMS IS AT SOME POINT, WE NEED

TO RECOGNIZE THAT INDIVIDUALS NEED TO BE RESPONSIBLE FOR THE

CONSEQUENCES OF THEIR ACTIONS. THERE'S GOOD CONSEQUENCES, THERE'S BAD

CONSEQUENCES, BUT THE INDIVIDUALS NEED TO UNDERSTAND THERE'S NO FREE

LUNCH. IF THEY'RE LET OUT EARLY, THEY HAVE OBLIGATIONS. AND REMEMBER,

IF THEY ARE ON PAROLE, THEY HAVE NOT COMPLETED THEIR OBLIGATION TO

SOCIETY.

NOW, WE HAVE AIDS, WE HAVE HELP, WE HAVE PROGRAMS

WE CAN ASSIST THEM WITH. THOSE THAT WANT TO FOLLOW THE RULES DESERVE A

BREAK. BUT THOSE THAT ARE -- WANT TO GO INTO THAT GRAY AREA BECAUSE THEY

THINK THEY CAN GET AWAY WITH IT, I DON'T THINK THEY DESERVE THE BREAK

AND I THINK THAT THEY NEED TO RECOGNIZE THERE ARE CONSEQUENCES. THANK

YOU VERY MUCH.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT MARCH 1ST,

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NYS ASSEMBLY JUNE 10, 2021

2022.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE 1144-A. THIS IS A PARTY VOTE. ANY MEMBER

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

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

PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE

CAN RECORD YOUR VOTE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HUNTER.

MS. HUNTER: YES, THANK YOU, MR. SPEAKER. I'D

LIKE TO REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY

MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY

EXCEPTIONS, PLEASE CALL THE MAJORITY LEADER'S OFFICE AT THE NUMBER

PREVIOUSLY PROVIDED AND WE WILL ANNOUNCE YOUR NAME ACCORDINGLY.

ACTING SPEAKER AUBRY: THANK YOU, MS.

HUNTER.

(THE CLERK RECORDED THE VOTE.)

MS. FORREST TO EXPLAIN HER VOTE.

MS. FORREST: THANK YOU, SPEAKER. AS THE LEAD

SPONSOR FOR THIS BILL, I WANT TO BEGIN BY EXPRESSING MY GRATITUDE TO

ASSEMBLYMEMBER WEPRIN FOR ARGUING THE BILL TODAY. I WOULD ALSO LIKE

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NYS ASSEMBLY JUNE 10, 2021

TO ACKNOWLEDGE THE BRILLIANT WORK OF KATAL CENTER, UNCHAINED, AND A

LITTLE PIECE OF LIGHT, AS WELL AS MANY OTHER GROUPS WHO HAVE WORKED

SO HARD ON LESS IS MORE. THIS BILL MEANS A LOT TO ME AS A SPONSOR. ON

MAY 16TH, I GAVE BIRTH TO MY BABY BOY. I NAMED HIM DAVID AFTER THE

JUDEO-CHRISTIAN KING DAVID AND, LIKE HIS NAMESAKE, I DREAM SO MUCH

FOR HIM. AND AS A NEW MOTHER TO A BLACK BABY BOY, I'M CONSTANTLY

REMINDED OF THE UNIVERSAL NEED TO RELY ON THE SUPPORT OF OTHERS IN ORDER

TO LIVE AND ENSURE MY SON LIVES BEYOND, BEYOND ALL THAT HOPE I HOPE HE

WILL BE. SO TODAY I'M GRATEFUL FOR THE SUPPORT OF -- OF MY COLLEAGUES

AND EVERYONE WHO HAS JOINED ME IN THE WORK OF MOVING THIS BILL

FORWARD, AND THE BRILLIANT ADVOCATES WHO HAVE BUILT A MOVEMENT THAT I

KNOW WILL CONTINUE TO FIGHT FOR THE JUSTICE IN THE CRIMINAL JUSTICE -- IN

THE CRIMINAL LEGAL SYSTEM. LESS IS MORE IS A BILL THAT IS FUNDAMENTALLY

ABOUT CARE AND SUPPORT. THANK YOU, THANK YOU, THANK YOU TO EVERYONE.

ACTING SPEAKER AUBRY: MS. FORREST IN THE

AFFIRMATIVE.

MR. WEPRIN TO EXPLAIN HIS VOTE.

MR. WEPRIN: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO THANK ASSEMBLYMEMBER

FORREST FOR HER TENACIOUSNESS IN BRINGING THIS BILL FORWARD, AND I ALSO

WANT TO THANK HER PREDECESSOR, WALTER MOSLEY, WHO CARRIED THIS BILL FOR

A NUMBER OF YEARS AS WELL, AS WELL AS THE COALITION OF ADVOCATES WHO

REALIZE THAT ONCE PEOPLE ARE ON PAROLE, THEY -- THEY SHOULD HAVE A

CHANCE TO NOT BE RE-INCARCERATED FOR TECHNICAL VIOLATIONS. THIS HAS

BEEN A FAULT IN OUR PAROLE SYSTEM FOR MANY, MANY YEARS. AND I KNOW

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NYS ASSEMBLY JUNE 10, 2021

WE'VE BEEN ADVOCATING A LOT OF PAROLE REFORM, THIS CLEARLY IS -- IS A

MAJOR ONE AND OF ALL COALITIONS, THIS ONE ACTUALLY HAS ALMOST EVERYBODY

IN THE CRIMINAL JUSTICE SYSTEM IN SUPPORT OF THIS, INCLUDING ABOUT TEN

DISTRICT ATTORNEYS, MANY FORMER JUDGES, MANY COMMISSIONERS OF

PAROLE AND PROBATION, AND EVEN THE NEW YORK CITY CORRECTION

COMMISSIONER. SO I WITHDRAW MY REQUEST AND PROUDLY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. WEPRIN IN THE

AFFIRMATIVE.

MR. ANDERSON.

MR. ANDERSON: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PROCEED.

MR. ANDERSON: THANK YOU, SIR. I WANT TO START

OFF BY THANKING THE SPONSOR OF THIS PIECE OF LEGISLATION FOR BRINGING THIS

VERY IMPORTANT ISSUE TO THE FOREFRONT. I WANT TO THANK THE ADVOCATES

AND ACTIVISTS, THE KATAL CENTER AND MANY OF OUR FOLKS WHO FOUGHT FOR

THIS MOMENT TODAY. YOU KNOW, THIS IS A BILL WE'RE, AGAIN, AT THE

PRECIPICE OF TRYING TO REDEFINE WHO WE ARE AS A SOCIETY IN THE SPACE OF

CRIMINAL JUSTICE. ARE WE A SOCIETY THAT'S OVERLY PUNITIVE, OR ARE WE A

SOCIETY THAT'S CORRECTIVE AND REHABILITATED? AND WHAT THIS BILL DOES IS

THAT IT ALLOWS FOLKS WHO HAVE MADE POSSIBLE TECHNICAL VIOLATIONS TO BE

ABLE TO BE ASSISTED IN THIS SPACE, BUT ALSO TO -- WE WANT TO MAKE SURE

THAT THESE FOLKS HAVE THE OPPORTUNITY TO REINTEGRATE INTO SOCIETY

PENDING THESE VIOLATIONS. SO I THINK IT'S CRITICALLY IMPORTANT THAT WE

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VOTE IN THE AFFIRMATIVE ON THIS BILL, WHICH I PLAN TO DO, AND I ENCOURAGE

MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MR. ANDERSON IN THE

AFFIRMATIVE.

MS. GALLAGHER.

MS. GALLAGHER: MR. SPEAKER, I RISE TODAY TO

COMMEND THE SPONSOR WHO CAN'T BE WITH US TODAY BECAUSE, AS WE SAW,

THAT SHE JUST HAD A NEW CHILD IN THIS WORLD; HER IMPACT IS FELT

NONETHELESS. WHETHER YOU ARE INCARCERATED FOR A MONTH, A YEAR OR A

DECADE, RETURNING TO SOCIETY IS TREMENDOUSLY DIFFICULT. IT'S HARD ENOUGH

TO FIND A JOB, TO RECONNECT WITH FAMILY AND FRIENDS AND NEIGHBORS, AND

TO FEEL AT HOME IN THE WORLD. AND ON TOP OF IT, THESE RETURNING CITIZENS

WALK ON THE KNIFE'S EDGE OF INCARCERATION EVERY SINGLE DAY. NEW YORK

SENDS MORE PEOPLE BACK TO JAIL FOR MINOR TECHNICAL PAROLE VIOLATIONS

THAN ANYWHERE ELSE IN THE NATION, SEPARATING FAMILIES, IMPOVERISHING

WORKERS, AND FUELING MASS INCARCERATION. WHEN IT COMES TO LOCKING UP

OUR NEIGHBORS IN CAGES, LESS IS, INDEED, MORE. I PROUDLY VOTE YES ON THE

LEGISLATION AND I URGE US TO CONTINUE THE WORK OF BUILDING A MORE JUST

AND HUMANE LEGAL SYSTEM. THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: MS. GALLAGHER IN THE

AFFIRMATIVE.

MR. DINOWITZ.

MR. DINOWITZ: THANK YOU. I WANT TO START BY

THANKING OUR CORRECTIONS COMMITTEE CHAIR WHO DEBATED AND EXPLAINED

THE BILL. IT IS IN OUR INTEREST TO PASS THIS BILL. I THINK WE ALL WANT TO DO

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THE RIGHT THING AS WE SEE IT. IT DOES NOBODY ANY GOOD FOR PEOPLE TO BE

SENT BACK TO JAIL FOR THE MINORIST OF VIOLATIONS AFTER THEY'RE OUT AND

UNDER SUPERVISION. IT DOES NO GOOD TO PUNISH PEOPLE FOR TINY

VIOLATIONS. WE WANT PEOPLE, WHEN THEY COME OUT OF JAIL, TO BE ABLE TO

GET A JOB, TO BE ABLE TO GO BACK TO THEIR FAMILIES, TO BE ABLE TO LEAD THE

SAME TYPE OF LIVES THAT WE WANT TO LEAD, AND I THINK THIS BILL HELPS US DO

THAT. IT'S IMPORTANT, I THINK, TO LOOK AT THE WHOLE PAROLE SYSTEM, AND I

THINK THIS IS ONE PIECE OF THAT, BECAUSE THERE IS MUCH NEEDED REFORM

THAT HAS TO BE MADE. SO I'M VERY PLEASED THAT WE ARE DOING THAT.

AND EVEN IF YOU DON'T LIKE THE IDEA OF SOMEBODY, YOU

KNOW, GETTING OUT AND NOT BEING SENT BACK, JUST THINK OF WHAT'S IN OUR

OWN INTEREST. IT COSTS THE STATE OF NEW YORK HUGE AMOUNTS OF MONEY

JUST FOR THE PEOPLE WHO ARE SENT BACK FOR THE MINORIST OF VIOLATIONS. IT

JUST MAKES NO SENSE. IT'S UNNECESSARILY PUNITIVE, IT'S VERY COSTLY, AND IT

DOES NOT HELP ANYBODY. SO THIS BILL I THINK TAKES AN IMPORTANT STEP AND

AN IMPORTANT REFORM TO HELP PEOPLE AND, FRANKLY, IT HELPS ALL OF THE

PEOPLE OF NEW YORK. SO I AM VOTING YES AND I URGE EVERYBODY ELSE TO

DO THE SAME.

ACTING SPEAKER AUBRY: MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER. PAROLE IS

STILL PART OF THE SENTENCE; IT'S NOT THE END OF THE SENTENCE, IT IS PART OF IT.

AND WHAT THIS BILL SEEKS TO DO IS BASICALLY END THE SENTENCE AS

EXPEDITIOUSLY AND PAINLESSLY AS POSSIBLE FOR THE PERSON WHO COMMITTED

AN OFFENSE. PREVIOUSLY, I TALKED ABOUT AN EXAMPLE IN MY DISTRICT WHERE

A 16-YEAR-OLD CHILD WAS BRUTALLY SEXUALLY ASSAULTED AND MURDERED BY AN

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ASSAILANT WHO DRANK ALCOHOL ALL DAY AT A BAR. UNDER THIS BILL, DRINKING

IS NO LONGER A VIOLATION THAT WOULD RESULT IN THE INDIVIDUAL BEING SENT

BACK TO PRISON. THE PROBLEM THERE IS THE VERY PERSON WHO WAS THE

ASSAILANT IN THE CASE THAT I HAD MENTIONED WAS RELEASED ON PAROLE TWO

YEARS AGO AND WITHIN TWO WEEKS VIOLATED THAT PAROLE BY BEING DRUNK AT

A BAR. DRUGS AND ALCOHOL HAVE AN IMPACT ON PEOPLE'S ABILITIES TO MAKE

DECISIONS, AND SOMETIMES THOSE DECISIONS COST LIVES. SO THIS GOES WAY

TOO FAR IN TRYING TO VOID ORDERS ISSUED BY JUDGES AND EVEN PAROLE

BOARDS, AND SO FOR THAT REASON I CANNOT SUPPORT IT AND I VOTE NO.

ACTING SPEAKER AUBRY: MR. LAWLER IN THE

NEGATIVE.

MS. GONZ�LEZ-ROJAS.

MS. GONZ�LEZ-ROJAS: THANK YOU, MR. SPEAKER.

I WOULD LIKE TO THANK THE SPONSOR OF THE BILL FOR THEIR WORK. YOU KNOW,

35,000 PEOPLE, THAT'S HOW MANY NEW YORKERS ARE UNDER PAROLE

SUPERVISION BECAUSE OF TECHNICAL VIOLATIONS. THESE ARE 35,000 PEOPLE

WHO CANNOT JOIN THE WORK FORCE, ACCESS RESOURCES, OR EVEN INCARCERATED

AGAIN BECAUSE OF OUR CRIMINAL JUSTICE SYSTEM DOES WHATEVER IT TAKES TO

CRIMINALIZE BLACK AND BROWN AND LOW-INCOME COMMUNITIES. WITH THIS

LEGISLATION, WE ARE MOSTLY CORRECTING THIS AND, INSTEAD, MOVING CLOSER

TO SUPPORTING COMMUNITIES TO RE-INTEGRATE INTO SOCIETY. AND THIS IS

ACTUALLY NOT RADICAL. REPUBLICAN-CONTROLLED STATES ACROSS THE NATION

HAVE PASSED PAROLE REFORM JUST LIKE THIS AND THE RESULTS WERE NOT MORE

CRIME, BUT LESS CRIME. PAROLE CASE LOADS DROPPED AND THE ECONOMIC

AND HUMAN COSTS OF CRIMINALIZATION FELL. SO WHY CAN KENTUCKY,

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MONTANA OR UTAH DO THIS BUT NOT NEW YORK? IT ISN'T JUST RHETORIC LIKE

THE FEAR MONGERING THE OTHER SIDE LIKES TO ENGAGE IN, THIS IS ACTUALLY AN

EMPIRICAL FACT.

SO I WANT TO THANK THE ADVOCATES SO MUCH FOR WORK ON

THIS LEGISLATION. THE KATAL CENTER FOR EQUITY, HEALTH AND JUSTICE,

UNCHAINED, A LITTLE PIECE OF LIGHT. I WANT TO THANK MY COLLEAGUES

WHO, LIKE ME, CAME TO ALBANY TO RESIST THE ONGOING CRIMINALIZATION OF

OUR PEOPLE. IT IS TIME THAT WE TREAT PEOPLE AS PEOPLE AND IT'S TIME TO

PUNISH LESS AND HEAL MORE. I PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GONZ�LEZ-ROJAS

IN THE AFFIRMATIVE.

MS. MITAYNES.

MS. MITAYNES: ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: EXPLAINING YOUR

VOTE.

MS. MITAYNES: OUR CURRENT PAROLE SYSTEM IS NOT

SET UP FOR SUCCESS. WE HAVE SEEN RACIAL INEQUALITIES AND INCARCERATION

FOR MINOR VIOLATIONS. LESS IS MORE INCENTIVIZES GOOD BEHAVIOR,

CENTERING COMMUNITY-BASED SOLUTIONS, TREATMENT, AND RESERVING

INCARCERATION FOR MORE SERIOUS, REPEATED VIOLATIONS. WE MUST BE MORE

FORGIVING AND RESTORATIVE IN OUR APPROACH TO SOCIAL JUSTICE. AS A STATE,

WE MUST INCORPORATE FLEXIBILITY INTO THE WAY WE TREAT OUR PEOPLE,

KNOWING THAT NOBODY IS PERFECT ALL THE TIME AND THAT SOMETIMES THE

PUNISHMENT DOES MORE HARM THAN GOOD. BY PASSING THE BILL, WE CAN

SAVE HUNDREDS OF MILLIONS OF DOLLARS IN UNNECESSARY INCARCERATION COSTS

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WHICH CAN BE INVESTED IN HOUSING, MENTAL HEALTH CARE, AND TREATMENT TO

HELP PEOPLE ON PAROLE SUCCEED. I WILL BE VOTING IN THE AFFIRMATIVE AS

THIS IS ONE STEP FORWARD TO RESTORATIVE JUSTICE.

ACTING SPEAKER AUBRY: MS. MITAYNES IN THE

AFFIRMATIVE.

MR. WALCZYK.

MR. WALCZYK: THANK YOU, MR. SPEAKER. FOR THE

-- FOR THE GOOD OF THE BODY, I JUST WANTED TO, YOU KNOW, I'M NOT

LOOKING TO DISPARAGE OR DEMONIZE AND I -- I THINK IT'S A RIGHT AND

LAUDABLE CAUSE TO WANT TO REINTEGRATE PEOPLE INTO SOCIETY, BUT I THINK

WE HAVE TO TALK ABOUT THE FACTS A LITTLE BIT. I ACTUALLY REACHED OUT TO THE

DEPARTMENT OF CORRECTIONS A FEW MONTHS AGO JUST TO GET SOME GENERAL

SENSE, BECAUSE WE WERE WORKING ON A LOT OF -- THERE WAS A LOT OF

RHETORIC IN THIS CHAMBER ABOUT HOW EVERYBODY LOCKED UP WAS IN THERE

BECAUSE OF THE ROCKEFELLER DRUG LAWS, AND I'M LIKE, WOW, THAT'S REALLY

INTERESTING. LET ME ACTUALLY GET THE NUMBERS ON THAT. SO IT TURNS OUT

LESS THAN ONE-IN-TEN INCARCERATED INDIVIDUALS IS ACTUALLY IN THERE FOR A

DRUG CHARGE, WHICH I THOUGHT WAS INTERESTING, RIGHT?

SO WHAT'S THE MAKEUP OF THE -- THE INDIVIDUALS THAT

WE'RE TALKING ABOUT HERE? AND NOT TO JUST SAY EVERY SINGLE ONE OF THEM

IS IN INCAPABLE OF REINTEGRATING INTO SOCIETY, I THINK IT'S GREAT THE -- YOU

HAVE SOME HOPE FOR THOSE INDIVIDUALS AND HOPEFULLY THEY CAN. BUT I

THINK IT'S ALSO WORTH NOTING THAT OUT OF OUR POPULATION AS OF LAST MONTH,

24,273 OF THE INCARCERATED INDIVIDUALS IN NEW YORK STATE ARE IN FOR

VIOLENT FELONY OFFENSES. EIGHT THOUSAND ARE IN FOR NON-VIOLENT FELONY

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OFFENSES. I JUST WANTED TO SHARE THAT WITH THE GOOD OF THE BODY -- FOR

THE GOOD OF THE BODY AND I VOTE NO, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. WALCZYK IN THE

NEGATIVE.

MR. EPSTEIN.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. I JUST -- I

RISE TO EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR AND THE CHAIR OF

CORRECTIONS, AS WELL AS ALL OF THE ADVOCATES THAT GOT US TO TODAY. AND

THIS IS ABOUT WHAT WE DO TO PEOPLE WHO ARE TRYING TO REDEEM

THEMSELVES. THEY HAVE REINTEGRATED THEMSELVES INTO SOCIETY, LIKELY GOT

A JOB THAT'S STABLE, HAVE A NEW PLACE TO LIVE, AND THAT COULD ALL FALL APART

AGAIN BY MISSING AN APPOINTMENT, BY MISSING A MEETING. AND SO WHAT

WE'RE TRYING TO DO IS SAY TO THEM YOU WON'T GO BACK FOR THOSE DE

MINIMIS MISTAKES THAT WE ALL MAKE IN LIFE. WE ALL MISS MEETINGS, WE

ALL MISS APPOINTMENTS, WE ALL FORGET TO MAKE A PHONE CALL, AND YOU CAN

CONTINUE TO DO WHAT YOU CAN TO DO A GOOD JOB IN SOCIETY. WE'RE NOT

TALKING ABOUT SERIOUS OFFENSES, WE'RE TALKING ABOUT MINOR INFRACTIONS,

AND THAT'S EXACTLY WHAT WE SHOULD ALLOW TO HAPPEN. I ENCOURAGE

EVERYONE TO VOTE IN FAVOR OF THIS BILL. THIS IS A SOCIAL JUSTICE REFORM

BILL AND I'M PROUD TO SAY I SUPPORT IT.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

MS. KELLES.

MS. KELLES: I RISE TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PROCEED.

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MS. KELLES: I WANT TO TALK ABOUT THE PRACTICAL

ASPECTS OF THIS BILL AND WHY I SUPPORT IT. AS MANY OF YOU KNOW, I WAS

A COUNTY LEGISLATOR FOR FIVE YEARS PRIOR TO COMING TO THE -- TO THE STATE

LEGISLATURE, AND WE PASSED LAST YEAR -- AND LAST YEAR A RESOLUTION IN

SUPPORT OF THIS BILL. NOT ONLY WAS IT SUPPORTED BY THE COUNTY

LEGISLATURE, IT WAS SUPPORTED BY OUR DA, AND IT WAS SUPPORTED BY OUR

SHERIFF. AND THE REASON WHY IS BECAUSE WE WERE WORKING VERY HARD TO

REDUCE OUR -- TO REDUCE CRIME IN OUR COUNTY AND TO REDUCE OUR JAIL

POPULATION. WE WERE PRIORITIZING ALTERNATIVES TO INCARCERATION, WE

WERE PRIORITIZING REENTRY, AND IN TWO YEARS WE WERE ABLE TO, FOCUSING

ON ALTERNATIVES TO INCARCERATION AND WORKING VERY CLOSELY WITH

PROBATION, WE WERE ABLE TO HALVE OUR JAIL POPULATION AND DO THAT ALL

WITHOUT INCREASING ANY CRIME IN THE COUNTY. BUT ONE OF THE THINGS THAT

WE FOUND THAT WAS VERY DIFFICULT IS THAT OUR POPULATION KEPT INCREASING

BECAUSE OF PEOPLE WHO, FOR EXAMPLE, WOULD MISS A BUS AND MISS A DAY

OF DAY REPORTING, OR THEIR CAR WOULD BREAK DOWN. AND THESE THINGS

WOULD HAPPEN AND THEY WOULD END UP BACK IN THE JAIL AND THEN

EVENTUALLY BACK IN PRISON. AND SO IT WOULD ARTIFICIALLY CONTINUE TO

INCREASE OUR JAIL POPULATION AND DURING COVID, WE FOUND THAT WE

ENDED UP WITH EIGHT TO TEN PEOPLE WHO WERE STUCK IN THE JAIL BECAUSE

THEY COULDN'T BE BROUGHT BACK INTO THE STATE PRISON, BUT THEY COULDN'T

LEAVE THE JAIL BECAUSE THEY HAD, IN MANY CASES AS I SAID, MISSED A BUS

OR MISSED A DAY OF DAY REPORTING.

THIS IS SO INCREDIBLY IMPORTANT BECAUSE IT IS A CRITICAL

PART OF ALTERNATIVES TO INCARCERATION. IT IS A CRITICAL PART OF REENTRY AND

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IT IS, IN FACT, ACTUALLY SUPPORTED BY MANY OF OUR DAS AND MANY OF OUR

SHERIFFS BECAUSE IT IS LOGICAL AND IT IS PRACTICAL. I VOTE IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. MS.

KELLES IN THE AFFIRMATIVE.

MR. COLTON.

MR. COLTON: THANK YOU, MR. SPEAKER. I HAVE

BEEN VERY TORN OVER THIS BILL BECAUSE NORMALLY THIS WOULD BE EXACTLY

WHAT I THINK SHOULD BE DONE. OUR CRIMINAL JUSTICE SYSTEM MUST

REHABILITATE PEOPLE AND NOT BE PUNITIVE AND TRY TO CATCH THEM ON

TECHNICAL VIOLATIONS. BUT I'VE BEEN VERY CONCERNED ABOUT THE LARGE

OUTBREAK OF HATE CRIMES IN NEW YORK CITY IN PARTICULAR, AND IT TROUBLES

ME THAT THERE ARE SO MANY REPEAT OFFENDERS AND THAT SOMETIMES THE HATE

CRIME IS NOT CHARGED AS A CRIME AND THE PERSON GETS -- GOES OUT AND

DOES IT AGAIN. BUT AFTER BEING -- GOING BACK AND FORTH ON THIS IN MY

MIND, I'VE DECIDED THAT WE MUST DEAL WITH THE MAJORITY OF CASES AND

NOT THE SPECIAL CASES WHERE SOMEBODY IS A BAD ACTOR AND THEY DO

SOMETHING WRONG. AND I DON'T WANT TO SPOIL THE REFORM OF THE CRIMINAL

JUSTICE SYSTEM BY THE ACTIONS OF SOME THAT MAY BE ATTRACTING HIGHLIGHTS

RIGHT NOW. SO I HAVE DECIDED IN THE END I'M GOING TO SUPPORT THIS BILL.

I THINK IT DOES MAKE AN IMPROVEMENT IN TERMS OF REHABILITATING PEOPLE,

AND I THINK THAT'S VERY IMPORTANT. BUT I HOPE, YOU KNOW, OUR PAROLE

OFFICERS, OUR JUDGES, OUR DISTRICT ATTORNEYS, ARE GOING TO BE VERY

DILIGENT IN TERMS OF MAKING SURE THAT THOSE WHO COMMIT HATE CRIMES

SHOULD NOT JUST BE RELEASED ON THE STREETS TO DO IT AGAIN AND AGAIN AND

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AGAIN BECAUSE THAT SENDS A VERY BAD MESSAGE.

BUT I WITHDRAW MY REQUEST AND I HAVE DECIDED TO VOTE

IN THE AFFIRMATIVE ON THIS BILL.

ACTING SPEAKER AUBRY: MR. COLTON IN THE

AFFIRMATIVE.

MR. MAMDANI. MONDANI -- I'LL GET IT RIGHT.

MR. MAMDANI: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE, AND I RISE TO SAY THREE FACTS ABOUT THIS LEGISLATION.

THE FIRST IS THAT OF PEOPLE ON PAROLE WHO NEW YORK SENT BACK TO PRISON

IN 2018, 85 PERCENT WERE REINCARCERATED FOR TECHNICAL PAROLE VIOLATIONS.

THE SECOND IS THAT IN 2019, 40 PERCENT OF PEOPLE ADMITTED TO STATE

PRISONS WERE LOCKED UP NOT FOR A NEW FELONY CONVICTION, BUT FOR A NON-

CRIMINAL TECHNICAL VIOLATION OF PAROLE. AND THE THIRD IS THAT MY DEAR

COLLEAGUE FROM BROOKLYN WHO CLOSE TO A MONTH AGO BROUGHT NEW LIFE

INTO THIS WORLD, IS WITH THIS LEGISLATION GIVING LIFE BACK TO SO MANY

NEW YORKERS WHO HAVE HAD THAT STOLEN FROM THEM BY OUR CRIMINAL

JUSTICE SYSTEM.

AND SO I THANK HER, I ACKNOWLEDGE HER WORK AND THE

TIRELESS WORK OF HER ENTIRE OFFICE, OF ALL OF THE ADVOCATES AND ALL OF OUR

COLLEAGUES WHO HAVE CHAMPIONED THIS LEGISLATION IN YEARS PAST. AND I

AM SO, SO PROUD TO VOTE FOR THIS BILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. LAVINE.

MR. LAVINE: THANK YOU, MR. SPEAKER. I THINK IT'S

IMPORTANT FOR US IN LISTENING TO THESE DIFFERENT ARGUMENTS AGAINST THE

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BILL - SOME OF THEM VERY, VERY PASSIONATE - THAT THIS APPLIES NOT TO

PEOPLE WHO ARE IN JAIL, IT APPLIES TO PEOPLE WHO HAVE BEEN RELEASED

FROM JAIL ON PAROLE OR SUPERVISED RELEASE. NOW, IF SOMEONE DOESN'T

LIKE THE IDEA OF PAROLE IN GENERAL OR SUPERVISED RELEASE, PERHAPS THEY

SHOULD COME UP WITH A -- A BETTER SYSTEM. I -- I DEFY THEM TO DO THAT. I

THINK THIS PROVIDES SOME PROCESS RIGHTS THAT ARE ADDITIONAL AND NEEDED,

AND GIVES GREATER INDIVIDUAL CONSIDERATION TO THOSE WHO ARE ON

SUPERVISED RELEASE. AND I -- AND I REALLY APPRECIATED THAT SOMEONE

SPOKE ABOUT KING DAVID, THE JEWISH KING DAVID. THE BIBLICAL

ACCOUNTS OF HIS REIGN, PARTICULARLY IN THE BOOK OF CHRONICLES, FOCUS ON

HIS SUCCESS AS THE KING OF THE NATION -- THE ANCIENT NATION OF ISRAEL.

AND FOR HIS REIGN AND THE REIGN OF HIS SON SOLOMON, THOSE WERE THE

HIGH POINTS OF THE HISTORY OF THAT ANCIENT NATION. THE LORD GAVE

VICTORY TO DAVID WHEREVER HE WENT, SO DAVID REIGNED OVER ALL ISRAEL

AND HE ADMINISTERED JUSTICE AND EQUITY TO ALL HIS PEOPLE. THAT'S 1

CHRONICLES 18.

I THINK THIS BILL IS ABOUT JUSTICE AND EQUITY AND I'M

PLEASED TO VOTE FOR IT. THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU. I THOUGHT I MIGHT JUST

FOR A MINUTE EXPLAIN MY VOTE BY REFERENCING THE ACTUAL LANGUAGE OF THIS

BILL. AND I HOPE THAT BY REFERENCING THE LANGUAGE IN THIS BILL I CAN

DISPEL SOME MISPERCEPTIONS. THIS BILL DEFINES A TECHNICAL VIOLATION AS

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ANY CONDUCT THAT VIOLATES A CONDITION OF COMMUNITY SUPERVISION IN AN

IMPORTANT RESPECT. IN AN IMPORTANT RESPECT. THAT'S THE DEFINITION UNDER

THIS BILL FOR A TECHNICAL VIOLATION. SO EVERYONE WHO KEEPS TALKING

ABOUT, OH, YOU MISSED A PHONE CALL OR, YOU WERE A LITTLE BIT LATE TO AN

APPOINTMENT, THAT'S NOT WHAT THIS BILL IS TALKING ABOUT. THIS BILL IS

TALKING ABOUT A VIOLATION IN AN IMPORTANT RESPECT, AND THAT'S NOW A

TECHNICAL VIOLATION. SO WHAT IS NOT A TECHNICAL VIOLATION? A

COMMISSION OF A FELONY, ANOTHER MISDEMEANOR, OR VARIOUS SEX

OFFENSES. AND SO UNDER THIS BILL THERE IS NO LONGER ANY PAROLE BECAUSE

THE ONLY WAY YOU GO BACK TO JAIL IS IF YOU'RE ARRESTED FOR AN OFFENSE THAT

WOULD PUT YOU BACK IN JAIL ANYWAY. AND FOR ANYTHING ELSE YOU CAN JUST

IGNORE THE RESTRICTIONS BECAUSE EVERYTHING ELSE OTHER THAN AN OFFENSE

THAT WOULD PUT YOU BACK IN JAIL IS NOW DEFINED AS A TECHNICAL VIOLATION.

MY FRIENDS, WHEN WE LET SOMEONE OUT OF PRISON ON PAROLE AND THEY PUT

IN A SERIES OF TERMS AND CONDITIONS, ALL THOSE TERMS AND CONDITIONS ARE

DESIGNED TO HELP THE INMATE LEAD A BETTER LIFE. HELP THE INMATE AVOID

CORRUPTING INFLUENCES. HELP THAT INMATE IN EVERY RESPECT AND THIS

ELIMINATES ALL PAROLE, AND FOR THAT REASON I'M OPPOSED.

ACTING SPEAKER AUBRY: MR. BURDICK TO

EXPLAIN HIS VOTE.

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

THANK THE SPONSOR FOR BRINGING FORWARD THIS LEGISLATION AND THE

ADVOCATES. AS A MEMBER OF THE CORRECTION COMMITTEE I SUPPORTED AND

I COSPONSOR THIS LEGISLATION. I THINK WE NEED TO FOCUS ON THE FACT THAT

OUR SYSTEM OF CORRECTIONS IS NOT FOUNDED ON THE NOTION THAT WE LOCK UP

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THOSE INCARCERATED AND THROW AWAY THE KEY. IT'S FOUNDED ON THE

CONCEPT OF CORRECTION, AND THAT'S WHY THE NAME CORRECTIONS IS IN THE

NAME OF THE AGENCY. IT'S FOUNDED ON THE NOTION THAT WE HAVE

REHABILITATION. THAT PEOPLE CAN TURN AROUND THEIR LIVES. AS MANY OF

YOU KNOW, I SERVED AS SUPERVISOR OF THE TOWN OF BEDFORD FOR SEVEN

YEARS BEFORE COMING TO THE ASSEMBLY, AND IN MY DISTRICT ARE THE TWO

BEDFORD HILLS CORRECTIONAL FACILITIES. AND I WORKED WITH GROUPS THAT

HAD HELPED THOSE INCARCERATED TURN AROUND THEIR LIVES. LET'S NOT REVERSE

THE PROGRESS THAT WE HAVE MADE. WE'VE SEEN THAT WORK. WE'VE SEEN

RECIDIVISM DROP. LET'S KEEP THAT GOING. LET'S NOT TURN IT AROUND DUE TO

TECHNICAL VIOLATIONS AS MINOR AS MISSING AN APPOINTMENT.

I'M VERY MUCH IN FAVOR OF THIS. I VOTE IN THE

AFFIRMATIVE AND AGAIN THANK THE SPONSOR.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER. JUST

TO EXPLAIN MY VOTE. YESTERDAY I HAD THE OPPORTUNITY TO SPEAK WITH A --

WITH A PAROLE OFFICER, AND THAT INDIVIDUAL TOLD ME WHAT THIS BILL WILL DO.

THIS WILL BASICALLY TIE THEIR HANDS. THESE PAROLE OFFICERS, THESE MEN

AND WOMEN WHO WORK WITH THESE INDIVIDUALS EACH AND EVERY SINGLE

DAY DO EVERYTHING THEY CAN TO PUT THESE INDIVIDUALS ON THE RIGHT TRACK.

YOU KNOW, YOU'RE TALKING ABOUT MISSING AN APPOINTMENT. SO IF YOU

MISS ONE APPOINTMENT IT'S OKAY. TWO APPOINTMENTS, THREE

APPOINTMENTS, FOUR APPOINTMENTS, FIVE APPOINTMENTS. BUT WHERE DOES

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IT STOP? HOW ARE THEY GOING TO GET THESE INDIVIDUALS AND HELP THEM

STAY ON THE RIGHT TRACK? AGAIN, IN SOCIETY WE'RE GOING TO TIE THEIR HANDS

AND NOT ALLOW OUR PAROLE OFFICERS TO DO THEIR JOB. THEY HAVE TO HAVE

DISCRETION AS WELL. I -- I UNDERSTAND WHAT THE SPONSOR WANTS TO DO. I

JUST THINK SOMETIMES, AGAIN, WE GO TOO FAR AND WE DON'T BRING THE RIGHT

PLAYERS TO THE TABLE TO MAKE SURE WE DO THE JOB RIGHT.

SO I WILL BE VOTING NO AND ASK MY COLLEAGUES TO DO

THE SAME YOU. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MANKTELOW IN

THE NEGATIVE.

MS. HUNTER.

MS. HUNTER: YES. MR. SPEAKER, IF YOU COULD

RECORD THE FOLLOWING MAJORITY COLLEAGUES IN THE NEGATIVE: WE HAVE

MS. MCMAHON, LUNSFORD, WALLACE, MR. STIRPE, COLTON, SANTABARBARA,

BURKE AND MS. BUTTENSCHON.

ACTING SPEAKER AUBRY: MS. SIMON TO EXPLAIN

HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I WANT TO

COMMEND THE SPONSOR OF THIS LEGISLATION. IT IS LEGISLATION I HAVE BEEN

PROUD TO BE A COSPONSOR OF FOR A NUMBER OF YEARS. AND I ALSO WANT TO

CLARIFY FOR THE SAKE OF SOME OF MY COLLEAGUES THAT, IN FACT, THE WORK OF

THE PAROLE OFFICER IS HELPING TO ORIENT PEOPLE ON REENTRY (AUDIO

INTERFERENCE/INAUDIBLE) PRISONS. FURTHER, ON RIKERS ISLAND 700 PEOPLE

AT ANY TIME WHO ARE THERE ON TECHNICAL PAROLE VIOLATIONS. THEY'RE NOT

GETTING ANY HELP WHILE THEY'RE THERE. THEY'RE NOT GETTING ANY

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NYS ASSEMBLY JUNE 10, 2021

REHABILITATION WHILE THEY'RE THERE. THERE IS NO HELP THAT THE PAROLE

OFFICER (AUDIO INTERFERENCE/INAUDIBLE) INCARCERATED FOR MINOR TECHNICAL

VIOLATIONS.

THIS BILL HAS BEEN A LONG TIME COMING AND I'M VERY

PROUD TO VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 31, RULES REPORT NO. 740, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08022, RULES REPORT

NO. 740, DAVILA, BURGOS, ZINERMAN, GONZ�LEZ-ROJAS, DICKENS, CLARK,

GOTTFRIED, PERRY, PICHARDO, JOYNER, ANDERSON. AN ACT TO AMEND THE

CORRECTION LAW, IN RELATION TO THE ROLE OF THE DEPARTMENT OF

CORRECTIONS AND COMMUNITY SUPERVISION IN PLANNING AND FACILITATING

THE DISCHARGE OR RELEASE OF INCARCERATED PERSONS TO THE COMMUNITY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. DAVILA.

MS. DAVILA: SORRY. I GOT A BUNCH OF CHEERLEADERS

HERE. OKAY, SO THIS IS AN ACT TO AMEND THE CORRECTION LAW IN RELATION

TO THE ROLE OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY

SUPERVISION IN PLANNING AND FACILITATING THE DISCHARGE OR RELEASE OF

INCARCERATED PERSONS TO THE COMMUNITY.

ACTING SPEAKER AUBRY: MR. GIGLIO.

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NYS ASSEMBLY JUNE 10, 2021

YOU NEED TO UNMUTE YOURSELF, MR. GIGLIO.

MR. GIGLIO: I'M TRYING.

ACTING SPEAKER AUBRY: YOU GOT IT.

MR. GIGLIO: THANK YOU. THANK YOU, MR. SPEAKER.

I WOULD PREFER TO GO ON THE BILL. THANK YOU TO THE SPONSOR.

ACTING SPEAKER AUBRY: MR. GIGLIO ON THE

BILL.

MR. GIGLIO: THIS -- THIS BILL IS ACTUALLY NOT ALL THAT

BAD. BUT I WOULD CALL IT THE "KITCHEN SINK BILL" BECAUSE THERE IS NO PART

OF WHAT'S GOING ON HERE THAT WE DO NOT WANT DOCS TO HANDLE. LET'S

START WITH THE FACT THAT IT HAS TO BE PREPARED 45 DAYS BEFORE THEY LEAVE.

SECONDLY, THE OTHER PART OF IT IS EVERY SINGLE PART OF THIS; HOUSING,

MEDICAL TREATMENT, MENTAL HEALTH, EDUCATIONAL, VOCATIONAL TRAINING,

EMPLOYMENT SERVICES, ALCOHOL AND SUBSTANCE DISORDER TREATMENT, AND

THERE IS NO FUNDING. AND WHO IS GOING TO COORDINATE THIS WITH DOCS?

WHILE THEY'RE STILL INCARCERATED, DOCS' JOB IS TO KEEP THEM SAFE AND

SECURE. SO MY -- MY PROBLEM WITH THE BILL IS I'M NOT SURE HOW WE

COULD POSSIBLY WORK THIS OUT. HOW DO WE COORDINATE ALL THESE

DIFFERENT THINGS, EVERY ASPECT OF A -- OF A FORMERLY-INCARCERATED

INMATE'S RELEASE? AND LET'S START WITH THE WORD "FORMERLY" BECAUSE

UPON THEIR RELEASE, THEY ARE NO LONGER THE -- THE RESPONSIBILITY OF

DOCS. BUT WE DO WANT THEM TO HAVE THE SERVICES THEY NEED AND

COORDINATION WITH SOCIAL SERVICES IS IMPORTANT. NOW, THIS BILL DID NOT

COME THROUGH THE CORRECTIONS COMMITTEE, IT WENT RIGHT TO CODES, SO

WE NEVER HAD A CHANCE TO ACTUALLY DISCUSS IT. THAT'S WHY I'M NOT OVERLY

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IN THE NEGATIVE REGARDING THIS -- THIS POSITION, BUT I AM SAYING THAT THE

STUFF IN HERE WITHOUT ANY INPUT FROM OTHER STAKEHOLDERS IS JUST ALMOST

IMPOSSIBLE TO DO. PLUS, THERE'S NO FUNDING FOR ALL OF THIS. THERE'S NO

MONEY INVOLVED. WE HAVEN'T HEARD FROM -- DIDN'T GET A CHANCE TO ASK

DOCS HOW THEY CAN MAKE IT WORK. I'M NOT SURE WHAT EMPLOYEES THEY

HAVE NOW THAT COULD DO ALL THIS WORK. AND THE OTHER PART OF IT THAT

REALLY GETS ME AFTER READING ALL OF THIS, UPON RELEASE THE

FORMERLY-INCARCERATED INMATE CAN SAY, NEVER MIND. I DON'T WANT TO DO

ANY OF THIS AND I'M OUT ON MY OWN. SO, YOU SEE, THERE'S PROBLEMS WITH

THIS. IT COULD PROBABLY BE WORKED OUT AND BE MADE BETTER IF ONLY

SOMEBODY WOULD ASK. IF ONLY SOMEBODY WOULD WORK WITH US ONCE IN A

WHILE. YOU KNOW, THIS IS REALLY INCREDIBLE, ESPECIALLY OFF THIS LAST BILL.

THESE KIND OF THINGS ARE IMPORTANT. I HAVE DEDICATED MY LIFE TO THE

CRIMINAL JUSTICE SYSTEM. I HAVE BEEN IN IT SINCE I GRADUATED FROM

COLLEGE UNTIL I CAME TO THIS BODY. AND WE CAME TO THIS BODY TO HELP

IMPROVE THINGS, BUT THE ONLY THING WE KEEP HEARING IS HOW BAD WE ARE.

HOW THE JUDGMENT IS ALWAYS MADE SOMEHOW THE REPUBLICANS ON THE

OTHER SIDE OF THE AISLE DON'T CARE. THAT'S GARBAGE. JUST GARBAGE.

PABLUM. YOU COULD -- YOU COULD PANDER ALL THE VOTERS YOU WANT, BUT

THAT'S NOT TRUE AND I RESENT IT A GREAT DEAL. I HAVE BEEN PARTS OF AN

ALTERNATIVES TO INCARCERATION PROGRAM, I HAVE HELPED RUN JAILS. LET ME

TELL YOU, WE DON'T WANT FORMERLY-INCARCERATED INMATES EVER COMING

BACK. WE'VE WORKED ON RECIDIVISM. AND WHILE THEY'RE IN THE

FACILITIES, THE STATE FACILITIES, ALL OF THESE THINGS ARE DONE FOR THEM. BY

THE TIME THEY'RE RELEASED, THEY SHOULD BE READY TO GO BACK AND BE

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REINTEGRATED INTO SOCIETY. AND ALTHOUGH I DO LIKE THE IDEA OF

COORDINATING AN EFFORT, 45 DAYS BEFORE IS PROBABLY A LITTLE BIT MUCH.

SECONDLY, AT THAT POINT AFTER ALL THIS HAS DONE, HOW MUCH DOES DOCS

KEEP BEING RESPONSIBLE FOR THEM ONCE THEY ARE -- ONCE THEY ARE

RELEASED? EITHER THEY'RE RELEASED OR THEY'RE NOT. AND THAT I SEE AS A BIG

PROBLEM. BUT MY BIGGEST PROBLEM IS THE INABILITY OF THIS BODY TO WORK

WITH THE OTHER SIDE OF THE AISLE AND ALWAYS CONDEMN IT, NO MATTER WHAT.

THE PEOPLE THAT JUST CONDEMNED US DON'T EVEN KNOW US. THEY JUST GOT

HERE. AND THEY'RE GOING TO TELL US ALL THESE THINGS AND HOW BAD WE ARE.

THEY -- THEY DON'T HAVE A CLUE. AND LET ME TELL YOU, IT'S VERY FRUSTRATING

TO ME. BECAUSE THE REASON IT'S FRUSTRATING IS THIS IS A WONDERFUL BODY,

AND I'VE BEEN PROUD EVERY DAY I'VE WALKED IN THOSE CHAMBERS. EVERY

SINGLE DAY. AND I'VE WORKED WITH SOME OF THE SMARTEST PEOPLE ON THE

OTHER SIDE OF THE AISLE AND I'M ALWAYS IMPRESSED. AND I'M ALWAYS

IMPRESSED WITH THE FACT THAT THEY JUST WANT TO DO GOOD, TOO. BUT THIS IS

AN IMPRESSIVE PLACE. AND YOU CAN ONLY SAY WHAT THEY AGREE WITH AND

THEN THEY WILL CONDEMN YOU WHEN YOU DON'T AGREE WITH THEM. THEY

DON'T WANT TO KNOW WHY YOU DON'T AGREE WITH THEM, THEY JUST WANT TO

CONDEMN YOU. AND AFTER THIS LAST THING, I -- I AM REALLY FRUSTRATED AND

UPSET AND VERY SORRY FOR THOSE THAT DON'T UNDERSTAND THAT WE'RE HERE TO

DO GOOD FOR THE ENTIRE STATE, FOR THE ENTIRE POPULATION OF THE STATE OF

NEW YORK. AND DON'T GENERALIZE AND DECIDE WHAT'S RIGHT OR WHAT'S

WRONG OR HOW YOU STEREOTYPE PEOPLE AND DECIDE THAT WE'RE NOT WORTH IT

BECAUSE YOU DON'T KNOW US, YOU DON'T KNOW ME AND I TAKE IT VERY

PERSONAL.

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BUT I'LL GET BACK TO THE BILL, SIR. THIS BILL IS IN NEED OF

MORE WORK AND IT'S PROBABLY TOO IN-DEPTH IN WHAT NEEDS TO BE FUNDED,

AND AT NO PLACE IN HERE IS ANY OF THAT FUNDING IN. SO I THANK YOU FOR

YOUR TIME.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. GALEF ON THE BILL.

MRS. GALEF: YES, JUST BRIEFLY ON THE BILL. I -- I LIVE

IN OSSINING, WHICH IS THE HOME OF SING SING PRISON, AND MY OFFICE IN

OSSINING ACTUALLY HAD A LOT OF PEOPLE FROM PRISON -- FROM SING SING

WORKING THERE, STAFF PEOPLE FOR SING SING. AND I WOULD SEE A LINEUP

OUTSIDE THE DOOR - THIS IS WAY BACK A NUMBER YEARS AGO - WITH PEOPLE

LEAVING SING SING AND PICKING UP -- THEY'D ALREADY GOT AN OUTFIT TO

WEAR, BUT PICKING UP SOME MONEY AND THEN TO GO -- ONE DAY I

REMEMBER GOING TO THE RAILROAD STATION IN OSSINING AND SEEING A LOT OF

THE PEOPLE WHO HAD JUST LEFT PRISON AT THE RAILROAD STATION. AND I

THOUGHT TO MYSELF, WHERE ARE THEY GOING? WHO ARE THEY GOING TO BE

WITH? HOW IS THEIR LIFE GOING TO START? AND I THOUGHT TO MYSELF, THERE

HAS TO BE A BETTER SYSTEM THAN THIS. AND I HAVE TO TELL YOU, AT THE SING

SING CORRECTIONAL FACILITY -- AND I -- I'M SURE THAT THEY'RE DOING THIS

NOW, BUT THEY HAD A PROGRAM WHERE PEOPLE THAT WERE LEAVING, THEY

WOULD CONNECT WITH THEM, AND I DON'T KNOW HOW MANY DAYS BEFORE BUT

IT WAS MANY DAYS BEFORE, TO BE SURE THAT THE PEOPLE THAT WERE LEAVING

SING SING HAD A PLACE TO LIVE, WERE CONNECTED WITH ALCOHOL OR DRUG

PROGRAMS IN THE COMMUNITY WHEREVER THEY WERE GOING, AND REALLY, YOU

KNOW, TRIED TO SEE IF THEY CAN GET A JOB FOR THEM OR INTO AN EDUCATIONAL

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NYS ASSEMBLY JUNE 10, 2021

FACILITY. AND SING SING WAS DOING A TERRIFIC JOB WITH THIS. I DON'T

KNOW WHETHER IT'S HAPPENING IN OTHER FACILITIES, BUT HOPEFULLY IT IS.

AND I THINK THIS BILL REALLY ESTABLISHES A GOAL FOR US IN OUR STATE THAT

WE'RE GOING TO BE SURE THAT WHEN PEOPLE DO LEAVE PRISON THAT THEY --

THEY ARE ON THE PATH TO -- TO STARTING A NEW LIFE FOR THEMSELVES, AND I

THINK THIS BILL WILL DO A LOT FOR IT.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

GALEF.

MS. DAVILA ON THE BILL.

MS. DAVILA: ON THE BILL. I JUST WANT TO CLARIFY A

COUPLE OF THINGS ON THIS BILL. FIRST OF ALL, WE TALK ABOUT THE MONEY,

HOW -- HOW ARE WE GOING TO GET THE MONEY TO ENSURE THAT THESE FOLKS

GET THE -- THE PROPER RELEASE PLAN. I JUST WANT TO ADDRESS A COUPLE OF THE

ISSUES THAT WERE BROUGHT UP BY MR. GIGLIO. DID YOU KNOW THAT DOCS

SPENDS $3.54 BILLION A YEAR? THIS WAS IN 2019. WE SPEND $79,879 PER

PERSON THAT'S INCARCERATED. AND THIS WAS DONE BY A STUDY FROM

COLUMBIA UNIVERSITY. THESE INCARCERATED PEOPLE ARE ALREADY GETTING

TREATMENT AND PLANS WITHIN THE WALLS OF EITHER DOCS OR THE JAILS THAT

THEY ARE CURRENTLY RESIDING IN. THE PROBLEM IS THAT WHEN WE ALLOW

THEM TO WALK OUT OF THESE PRISONS WITHOUT THE PROPER SERVICES THAT THEY

NEED, THAT'S WHERE THE PROBLEM BEGINS ON OUR STREETS. THAT'S WHERE THE

CRIME BEGINS TO AMP UP AGAIN. AND THIS IS NOT TO SAY THAT EVERY PAROLEE

THAT WALKS OUT THE DOOR IS GOING TO COMMIT A CRIME BECAUSE THAT IS FALSE

INFORMATION. HOWEVER, WE ARE A STATE OF FAIRNESS, WE ARE -- WE'RE

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SUPPOSED TO BE JUST. OKAY? AND PEOPLE MAKE MISTAKES. WE ARE

SUPPOSED TO BE FORGIVING. WE ARE IN ONE OF THE MOST DISTINCT PLACES TO

BE ABLE TO MAKE A DIFFERENCE. AND I TELL YOU ALL, THIS IS THE TIME TO

MAKE A DIFFERENCE. WE ALL PUT ON THE TV, WE SEE WHAT'S GOING ON.

YOU PUT SOMEONE ON A BUS AFTER BEING INCARCERATED AND PUT THEM BACK

INTO THE COMMUNITY. NO SCHOOLING, NO ED -- NOTHING. NO EDUCATION,

NO MEDICAL COVERAGE. NO -- NO HELP. NO MENTAL HEALTH SERVICES. WHAT

DO YOU THINK IS GOING TO HAPPEN? YES, LET'S LOOK AT OURSELVES AND SAY

THIS IS THE TIME TO GET IT DONE. WE'RE DOING A LOT OF CRIMINAL JUSTICE

REFORM, AND THIS IS WHERE IT SHOULD START. SO BY REDUCING 1,200 BEDS A

YEAR, WE ARE SAVING $35 MILLION A YEAR.

SO PLEASE, I TELL YOU I AM JUST VERY ELATED AND VERY

HAPPY TO BE ABLE TO SPONSOR THIS BILL BECAUSE I THINK NOW IS THE TIME TO

GET IT DONE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

DAVILA.

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 A.8022. THIS IS A -- THIS IS A PARTY

VOTE. ANY MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

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 10, 2021

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL GENERALLY BE IN THE NEGATIVE FOR THE REASONS MENTIONED

BY MY COLLEAGUES. BUT THOSE WHO WOULD LIKE TO SUPPORT IT SHOULD CALL

THE MINORITY LEADER'S OFFICE AND WE WILL CERTAINLY RECORD YOUR VOTE.

THANK YOU.

ACTING SPEAKER AUBRY: MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. I WOULD LIKE TO

REMIND MY COLLEAGUES THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE

RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS PLEASE CALL THE

MAJORITY LEADER'S OFFICE AND WE WILL RECORD THEM AND ANNOUNCE THEM.

THANK YOU.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU BOTH.

MS. WALLACE TO EXPLAIN HER VOTE.

MS. WALLACE: THANK YOU, MR. SPEAKER. I -- I JUST

WANT TO EXPRESS MY FULL-THROATED SUPPORT FOR THIS LEGISLATION. THIS IS

HOW WE RETURN PEOPLE TO SOCIETY AND HELP THEM TO SUCCEED. YOU KNOW,

AS I TELL MY KIDS, WITHOUT A PLAN YOU PLAN TO FAIL. IT MIGHT SEEM LIKE A

BURDEN ON DOCS, BUT THAT'S HOW WE GIVE PEOPLE THE BEST CHANCE TO

SUCCEED, AND IF THEY DON'T RETURN TO JAIL THAT MAKES US ALL SAFER. AND TO

THOSE WHO SAY THAT THERE'S NO FUNDING, LET ME REMIND YOU THAT IT COSTS

$50- TO $60,000 A YEAR TO HOUSE AN INMATE. PER INMATE. NINETY-FIVE

PERCENT OF PEOPLE IN JAIL WILL -- WILL RETURN TO SOCIETY AT SOME POINT, AND

WE OWE THEM -- WE OWE IT TO THEM TO GIVE THEM THE BEST CHANCE AT

SUCCESS. AS I SAID, THAT MAKES ALL SAFE, AND I FULLY SUPPORT THIS BILL.

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NYS ASSEMBLY JUNE 10, 2021

WE CANNOT WAIT ANY LONGER, AND I WANT TO THANK THE SPONSOR FOR

BRINGING IT FORWARD.

ACTING SPEAKER AUBRY: MS. WALLACE IN THE

AFFIRMATIVE.

MR. WEPRIN TO EXPLAIN HIS VOTE.

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

YOU KNOW, ONE OF THE THINGS WE'VE BEEN ARGUING FOR YEARS, THAT PEOPLE

ARE BEING RELEASED WITHOUT THE PROPER DISCHARGE PLANS AND WITHOUT

PUTTING THE SAFEGUARDS IN PLACE. AND AS WAS POINTED OUT, THIS WILL END

UP SAVING THE SYSTEM A LOT OF MONEY AND HOPEFULLY PREVENT INDIVIDUALS

FROM BEING RECIDIVISTS. AND THAT IS WHAT WE ALL WANT. WHEN SOMEONE

IS RELEASED, WE WANT TO DISCOURAGE ANY RECIDIVISM, AND THE PROPER

DISCHARGE PLANNING WILL GO A LONG WAY TO PREVENTING THAT.

SO I WANT TO THANK THE SPONSOR, A MEMBER OF THE

CORRECTIONS COMMITTEE, FOR BRINGING THIS BILL FORWARD AND I WITHDRAW

MY REQUEST AND PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. WEPRIN IN THE

AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. SO, I'VE

LISTENED REALLY CAREFULLY TO THE -- TO THE DEBATE THIS AFTERNOON ON THIS

BILL. I -- I THINK WE'VE PASSED A LOT OF BILLS WHERE WE DON'T YET KNOW

THE FUNDING SOURCE. I DO THINK THAT -- I KNOW THE SPONSOR TALKED A LITTLE

BIT ABOUT SOME COST SAVINGS, BUT I ALSO THINK THIS COULD BE AN -- AN

EXPENSIVE PROGRAM TO PUT IN PLACE BUT I THINK IT'S A REALLY IMPORTANT

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ONE. I ALSO ABSOLUTELY KNOW THAT SOME OF THIS PLANNING, MAYBE NOT TO

THIS EXTENT AS IT'S REFLECTED IN THE BILL, BUT SOME PLANNING IS BEING DONE

ALREADY. BUT I -- I DO VALUE THE IDEA OF TRYING TO GIVE EVERYBODY THE

BEST START AND THE SMOOTHEST TRANSITION TO A HOPEFULLY BETTER, YOU KNOW,

CRIME-FREE PRODUCTIVE LIFE AND TO REINTEGRATE IN SOCIETY. AND SO I WILL

SUPPORT THIS BILL. I JUST -- YOU KNOW, I HOPE THAT WE CAN -- WE CAN

COME UP WITH ENOUGH RESOURCES TO PUT IT INTO PLACE, YOU KNOW, MAYBE

IN NEXT YEAR'S BUDGET.

SO, THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

AFFIRMATIVE.

MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. IF YOU COULD

RECORD MR. SANTABARBARA IN THE NEGATIVE, PLEASE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 25, RULES REPORT NO. 709, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05424-A, RULES

REPORT NO. 709, TAYLOR. AN ACT TO AMEND THE ELECTION LAW, IN RELATION

TO ENACTING THE "MAKE VOTING EASY ACT" TO REQUIRE THAT THE BOARD OF

ELECTIONS DESIGNATE A NUMBER OF EARLY VOTING POLLING PLACES BASED ON

THE NUMBER OF REGISTERED VOTERS IN EACH COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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NYS ASSEMBLY JUNE 10, 2021

TAYLOR, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

AN EXPLANATION IS REQUESTED, MR. TAYLOR.

MR. TAYLOR: THANK YOU, MR. SPEAKER. THIS BILL

REQUIRES THE BOARD OF ELECTIONS TO DESIGNATE IN EACH COUNTY WITH AT

LEAST 500,000 REGISTERED VOTERS AT LEAST ONE EARLY VOTING POLLING SITE PER

EVERY FOUR INCREMENT OF 40,000 REGISTERED VOTERS WITH NO MAXIMUM

NUMBER. IN EACH COUNTY WITH LESS THAN 500,000 VOTERS, AT LEAST ONE

EARLY VOTING POLLING PLACE PER EVERY FOUR INCREMENT OF 30,000

REGISTERED VOTERS WITH A MAXIMUM OF TEN POLLING PLACES. THIS BILL

WOULD ALSO INCREASE THE HOURS -- THE EARLY VOTING HOURS SITES MUST BE

OPEN ON WEEKENDS AND LEGAL HOLIDAYS FROM FIVE TO EIGHT HOURS BETWEEN

9 A.M. AND 8 P.M. THIS BILL SEEKS TO ALLEVIATE EXTRAORDINARY LONG WAIT

TIMES LIKE THE ONES WE SAW HERE IN NEW YORK CITY AND ACROSS THE STATE

FOR EARLY VOTERS IN THE 2020 PRESIDENTIAL ELECTION. THE LENGTHY WAIT

TIMES WERE -- WERE THE RESULT OF TOO FEW POLLING PLACES FOR THE NUMBER

OF REGISTERED VOTERS AND THE LIMITED HOURS. REDUCING OVERCROWDING

AND LONG LINES AT THE POLLS IS ESPECIALLY IMPORTANT DURING THE

COVID-19 PANDEMIC, THOUGH A FAST -- THROUGH A FAST AND EARLY VOTING

EXPERIENCE SHOULD BE THE STANDARD FOR EVERY ELECTION.

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD JUST FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. TAYLOR, WILL YOU

YIELD?

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NYS ASSEMBLY JUNE 10, 2021

MR. TAYLOR: ABSOLUTELY. THANK YOU.

ACTING SPEAKER AUBRY: MR. TAYLOR YIELDS.

MR. NORRIS: THANK YOU, MR. TAYLOR. IT'S CURRENTLY

ON THE BALLOT THIS COMING YEAR AN OPPORTUNITY FOR THE VOTERS OF THE STATE

OF NEW YORK TO APPROVE NO EXCUSE ABSENTEE VOTING.

MR. TAYLOR: I'M SORRY, IS THAT A QUESTION?

MR. NORRIS: IT IS.

MR. TAYLOR: WOULD YOU REPEAT IT, PLEASE?

MR. NORRIS: MY QUESTION IS, IS ON THE BALLOT THIS

YEAR COMING UP IS THERE A CONSTITUTIONAL AMENDMENT TO ALLOW FOR NO

EXCUSE ABSENTEE BALLOTING IN THE STATE OF NEW YORK?

MR. TAYLOR: I BELIEVE SO.

MR. NORRIS: YES. YES, THERE IS.

MR. TAYLOR: YES.

MR. NORRIS: OKAY. THEN WHY DO WE HAVE TO

ADOPT THIS LAW TODAY AND JUST WAIT TO SEE WHETHER OR NOT THAT

AMENDMENT ACTUALLY PASSES IN NOVEMBER BEFORE WE CONSIDER THIS?

MR. TAYLOR: WELL, THERE ARE TWO THINGS. THIS

WON'T TAKE EFFECT UNTIL APRIL OF NEXT YEAR, SO WE'RE TRYING TO GET AHEAD

OF THE CURVE. AND I'M SURE YOU CAN ATTEST TO THE NUMBER OF PEOPLE THAT

WERE ON LINE AND THERE'S LONG WAITING TIMES. ACTUALLY, IT -- IT ALMOST --

IT'S ALMOST -- YOU COULD SAY IT'S A SUPPRESSION OF VOTERS' RIGHTS WHEN

YOU HAVE TO STAND FOR SO LONG, YOU ONLY HAVE A LIMITED TIME. SO IT'S

IMPORTANT THAT WE DO THIS IN THIS SPACE.

MR. NORRIS: WOULD YOU BE OPEN TO POSSIBLY DOING

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NYS ASSEMBLY JUNE 10, 2021

ADDITIONAL EARLY VOTING SITES JUST IN PRESIDENTIAL ELECTIONS WHEN WE

KNOW THE TRADITIONAL HIGHER TURNOUT IS MUCH GREATER THAN A LOCAL AND

EVEN GUBERNATORIAL ELECTIONS?

MR. TAYLOR: WELL, I -- I THINK THAT'S AN INTERESTING

CONCEPT, BUT I WOULD PUSH BACK AND SAY NO, I'M NOT INTERESTED BECAUSE

THE IDEA IS TO CONTINUE TO GALVANIZE VOTERS TO BE A PART OF THE PROCESS.

AND IF I SAY YES TO THAT THEN I'M SAYING WE ARE ALREADY DEFEATED, AND I

WOULD RATHER WORK WITH THE IDEA THAT WE'RE GOING TO INCREASE

PARTICIPATION BY MAKING IT EASIER FOR PEOPLE TO BE THERE.

MR. NORRIS: DO YOU KNOW IF EARLY VOTING ACROSS

THE STATE ACTUALLY INCREASES PARTICIPATION IN EVERY ELECTION YEAR?

MR. TAYLOR: REPEAT THAT, PLEASE. I'M SORRY.

MR. NORRIS: DO YOU KNOW THAT IF EARLY VOTING

ACTUALLY INCREASES THE PARTICIPATION IN STATES EVERY YEAR OR IS THERE

REDUCTIONS IN EARLY VOTING WHERE WE HAVE ADDITIONAL SITES?

MR. TAYLOR: I -- I DON'T HAVE THE ANSWER TO THAT,

BUT AGAIN, LOWER VOTER TURNOUT IS BASED ON THE FACT THAT MOST OF THE TIME

IT'S AN INCONVENIENCE AND WE'RE TRYING TO MAKE IT AS ACCESSIBLE AS

POSSIBLE. I'M NOT SURE I'M ANSWERING YOUR QUESTION BECAUSE I DON'T

HAVE THAT INFORMATION IN FRONT OF ME -- IN FRONT OF ME, BUT CERTAINLY THE

IDEA IS TO RAMP UP PEOPLE PARTICIPATING IN THE PROCESS BY MAKING IT

EASIER.

MR. NORRIS: OKAY. LET ME JUST TURN MY ATTENTION,

THEN, SPECIFICALLY TOWARDS THE BILL.

MR. TAYLOR: OKAY.

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NYS ASSEMBLY JUNE 10, 2021

MR. NORRIS: IN TERMS OF THE SITE, IT SAYS THE LARGEST

CITY IN A -- IN A COUNTY GETS A VOTING SITE FIRST BEFORE ANY OTHER

MUNICIPALITY. SO IF THERE WAS A SITUATION WHERE THERE WAS A CITY WITH

LESS POPULATION THAN THE HIGHEST MUNICIPALITY, WHY DO WE JUST CHOOSE A

CITY BEING THE NUMBER ONE PRIMARY SPOT?

MR. TAYLOR: I'M NOT SURE I UNDERSTAND THE

QUESTION. I'M GOING TO ASK IF YOU JUST GIVE IT TO ME ONE MORE TIME, MR.

NORRIS. I APOLOGIZE. I'M TRYING TO GET CLARITY SO I CAN ANSWER IT.

MR. NORRIS: NO, I'M HAPPY TO DO THAT. IT SAYS A

EARLY VOTING SITE MUST BE IN THE LARGEST CITY IN THE COUNTY, OR IF THERE IS

NO CITY IN THE COUNTY. SO -- AND IT'S A LARGE MUNICIPALITY. WHAT IF

THERE'S A SITUATION WHERE YOU HAVE A LARGE MUNICIPALITY WHICH IS LARGER

THAN A CITY, WHY DID YOU CHOOSE A CITY TO BE THE PRIMARY SOURCE? THAT'S

WHAT I'M TRYING TO FIGURE OUT.

MR. TAYLOR: I WOULD SAY THE ANSWER TO THAT OUR

BOARDS -- LOCAL BOARDS CAN ADD AS MANY SITES AS THEY WANT. SO WE DON'T

HAVE TO DO ANYTHING THERE. THIS -- THIS ADDRESSES THAT.

MR. NORRIS: I SEE. NOW, IS THERE ANYTHING IN HERE

THAT PROVIDES FOR THE LOCAL BOARD OF ELECTIONS TO HAVE A LOCAL OPTION TO

MAKE A DETERMINATION OF WHERE THE BEST-SUITED PLACE IN THE COUNTY IS

FOR THE PRIMARY EARLY VOTING SITE? I'VE HAD A COUPLE OF SITUATIONS WHERE

I'VE BEEN BRIEFED ON LATELY WHERE BOARD OF ELECTIONS COMMISSIONERS - A

DEMOCRAT AND A REPUBLICAN, BIPARTISAN - HAS SAID, WELL, MAYBE IT

SHOULDN'T BE IN THIS PARTICULAR SPOT IT, IT SHOULD BE OVER HERE. I'M JUST

WONDERING IF THERE'S ANYTHING IN HERE THAT WOULD PROVIDE LOCAL

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NYS ASSEMBLY JUNE 10, 2021

DISCRETION FOR THE BOARD OF ELECTIONS, IN A UNANIMOUS BIPARTISAN VOTE TO

MAKE A DETERMINATION, PARTICULARLY IN COUNTIES THAT HAVE LESS -- YOU

KNOW, THE SMALLER COUNTIES LIKE 30 COUNTIES IN THE STATE WITH LOWER --

WITH LOWER POPULATIONS, THAT IS -- FOR LOCAL COMMISSIONERS TO MAKE A

DETERMINATION WHERE THE BEST SITE IS. I'M JUST TRYING TO FIGURE OUT IF

THERE'S ANYTHING IN HERE THAT GIVES LOCAL DISCRETION TO OUR BOARD OF

ELECTIONS TO ACT IN A BIPARTISAN MANNER.

MR. TAYLOR: THE LOCAL BOARDS MUST CONSIDER THE

STATUTORY FACTORS IN THEIR DECISION-MAKING.

MR. NORRIS: I SEE. BUT THERE'S -- BUT THERE'S

NOTHING IN THERE THAT SAYS THEY CAN -- THEY CAN DO IT BIPARTISAN TO SELECT

A LOCATION WHICH BEST, IN THEIR OPINION, BASED UPON THE FACTORS WOULD

BE -- WOULD BE THE BEST PLACE FOR IT REGARDLESS OF POPULATIONS IN THAT

PARTICULAR MUNICIPAL UNIT?

MR. TAYLOR: POPULATION DENSITY AND PUBLIC

TRANSPORTATION ARE FACTORED IN.

MR. NORRIS: OKAY. MR. TAYLOR, IT'S ALWAYS A

PLEASURE TO DEBATE YOU. THANK YOU FOR THE OPPORTUNITY AND FOR

ANSWERING MY QUESTIONS.

AND I'D LIKE TO GO ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. TAYLOR: THANK YOU, MR. NORRIS.

MR. NORRIS: THANK YOU, MR. TAYLOR. YOU KNOW,

LISTEN, I DID VOTE AGAINST THE EARLY VOTING LAST TIME THAT IT CAME OUT.

THE MAIN REASON BECAUSE OF THE COST TO THE BOARD OF ELECTIONS FOR THEM

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NYS ASSEMBLY JUNE 10, 2021

DOING THAT. AND ON THAT SAME DAY BACK IN JANUARY OF 2019 WE VOTED

ON THE FIRST CONSTITUTIONAL AMENDMENT TO HAVE NO EXCUSE ABSENTEE

VOTING - WHICH BY THE WAY, I SUPPORTED, I SUPPORT IT THIS YEAR - AND IT

JUST PROVIDES AN OPPORTUNITY FOR THE VOTERS TO MAKE AN APPLICATION.

WE'VE DONE SOME GREAT WORK WITH THE CHAIR OF THE ELECTION LAW

COMMITTEE (INAUDIBLE) THE PORTAL, ALTHOUGH I HAVE SOME DIFFERENCES AS

TO HOW IT SHOULD BE DONE. THAT'S GOING TO BE IMPLEMENTED. SO ACCESS

TO A BALLOT IS GOING TO BE READILY AVAILABLE. AND I DO SUSPECT THAT NO

EXCUSE ABSENTEE VOTING WILL BE VOTED ON AND ADOPTED BY THE VOTERS IN

NOVEMBER. WELL, WE'LL SEE BUT IT LIKELY WILL HAPPEN. SO MY POINT IS, IS

THIS: IS THAT ANY CITIZEN IN NEW YORK WILL BE ABLE TO ACCESS A BALLOT

THROUGH THE NO EXCUSE BALLOTING SYSTEM, RECEIVE IT, FILL IT OUT, SEND IT

BACK IN AND HAVE AN OPPORTUNITY TO VOTE WITHOUT ANY EXCUSE. AND

WHAT I AM CONCERNED ABOUT IS THAT THE BURDENSOME ON THE BOARD OF

ELECTIONS TO CONTINUE TO HAVE ADDITIONAL BURDENS PLACED ON THEM, WITH,

BY THE WAY, NO ADDITIONAL FUNDING FROM THE STATE TO ACTUALLY DO THIS.

THIS BECOMES MORE OF A LOCAL MANDATE, AND SO I'M CONCERNED ABOUT

THAT. BUT WE DO HAVE AN AVENUE WHICH IS RIGHT THERE FOR PEOPLE TO

RECEIVE AN ABSENTEE BALLOT WITHOUT ALL THESE ADDITIONAL EARLY VOTING

SITES WHEN THEY ALSO CAN GO RIGHT ON ELECTION DAY AT THEIR SITE TO VOTE

AS WELL AS ALREADY ESTABLISHED EARLY VOTING SITES WHICH ARE IN THE

COUNTY. I DO ALSO HAVE CONCERNS THAT THERE IS A LACK OF LOCAL DISCRETION

THAT WHEN THE BOARD OF ELECTIONS CAN ACT IN A BIPARTISAN MANNER,

REPUBLICAN AND DEMOCRAT, JOINTLY TO MAKE DECISIONS TO DETERMINE

WHERE THE BEST SPOT IS FOR OUR EARLY VOTING SITES.

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SO FOR THOSE -- THOSE MAIN REASONS, I JUST THINK THIS IS

AN ADDITIONAL MANDATE THAT'S BEING PLACED ON OUR BOARD OF ELECTIONS.

IF THEY WANT TO HAVE ADDITIONAL VOTING SITES -- AND I WILL GIVE YOU AN

EXAMPLE. IN ERIE COUNTY THEY ALREADY PROVIDE FOR A SITE IN EVERY

MUNICIPALITY AND THEY HAVE AGREED TO DO THAT IN A BIPARTISAN MANNER IN

ERIE COUNTY, FOR EXAMPLE. THERE'S NOTHING IN THE CURRENT LAW THAT SAID

YOU CANNOT HAVE ADDITIONAL SITES. BUT THE SAME TIME, I JUST THINK IT'S

VERY, VERY IMPORTANT THAT WE HAVE DISCRETION TO OUR LOCAL BOARD OF

ELECTIONS AND BE COGNIZANT OF THE FACT THAT ALL OF THESE THINGS DO COST

MONEY IN TERMS OF THE TAXPAYERS IN THE COUNTIES AND ON THE STAFF OF THE

BOARD OF ELECTIONS. YOU KNOW, I THINK IT'S VERY IMPORTANT AS A FORMER

ELECTIONS COMMISSIONER THAT EVERYONE EXERCISES THEIR RIGHT TO VOTE. I

BELIEVE THAT VERY STRONGLY AND I'M SURE EVERYONE IN THIS ROOM DOES AS

WELL. BUT THERE ARE ALREADY AVENUES IN PLACE FOR THOSE INDIVIDUALS TO

VOTE AND THERE WILL BE MORE SO NEXT YEAR WITH THE NO EXCUSE ABSENTEE

BALLOT WHICH WILL BE LIKELY PASSED.

SO FOR THOSE REASONS I JUST THINK IT'S A STEP TOO FAR, IT'S

TOO PREMATURE TO DO THIS, AND I WILL BE RECOMMENDING A NO VOTE FOR

THAT. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. TAYLOR ON THE BILL.

MR. TAYLOR: ON THE BILL, MR. SPEAKER. I WANT TO

THANK MY COLLEAGUE AGAIN. TWENTY MILLION DOLLARS MILLION WAS

ALLOCATED, CAPITAL MONEY, THAT WENT TO THE BOARD OF ELECTIONS. SO YOU

HAVE $20 MILLION THAT WENT TO ALL THE COUNTIES THROUGHOUT. SO THERE IS

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MONEY. THAT MONEY IS AVAILABLE FOR THE COUNTIES TO USE -- FOR THE

COUNTIES TO USE UP UNTIL 2023 TO SPEND IT. IF MORE FUNDING IS NEEDED,

AND I BELIEVE MY COLLEAGUE POINTED OUT CORRECTLY, WE DO NEED MORE AND

WE'LL LOOK TO DO THAT IN THE NEXT COMING UP BUDGET. BUT THIS YEAR THERE

WAS $20 MILLION THAT WAS SET ASIDE FOR THE COUNTY BOARD OF ELECTIONS,

AND THEY HAVE --

ACTING SPEAKER AUBRY: MR. NORRIS, WHY DO

YOU RISE?

MR. NORRIS: MR. -- MR. TAYLOR, MAY I JUST MAKE A

COMMENT AS A RESPONSE TO THAT, IF YOU WOULDN'T MIND?

ACTING SPEAKER AUBRY: YOU CAN ASK HIM TO

YIELD AND ASK HIM A QUESTION --

MR. NORRIS: OF COURSE.

ACTING SPEAKER AUBRY: ARE YOU ASKING HIM

TO YIELD?

MR. NORRIS: WILL THE SPONSOR YIELD FOR AN

ADDITIONAL QUESTION?

ACTING SPEAKER AUBRY: MR. TAYLOR, WILL YOU

YIELD TO MR. NORRIS?

MR. TAYLOR: ABSOLUTELY, MR. NORRIS.

MR. NORRIS: THANK YOU, MR. TAYLOR. I JUST WANT

TO MAKE SURE THE FUNDING IS ONLY FOR THIS COMING BUDGET AND NOT IN

PERPETUITY WHERE IT WILL GO ON YEAR AFTER YEAR. IT'S ONLY RIGHT NOW IN

THIS CURRENT BUDGET, IS THAT CORRECT?

MR. TAYLOR: YES, IT'S IN THIS CURRENT BUDGET BUT

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THEY HAVE THE OPTION TO USE IT UP TO 2023.

MR. NORRIS: I SEE.

MR. TAYLOR: AND WE'RE FIGHTING FOR MORE. YES.

IT DOESN'T HAVE TO BE --

MR. NORRIS: BUT THERE'S NO GUARANTEE IN 2025 AND

2027 THAT THE FUNDING WILL BE IN THE BUDGET. IT COULD BE AN IMPACT ON

OUR -- ONCE WE PASS IT, IT WILL ALWAYS LIKELY BE THERE UNLESS WE AMEND IT

AND IT COULD FALL TO LOCAL COUNTIES TO ACTUALLY PAY FOR IT IN THE LONG-TERM.

THAT'S A POSSIBILITY, CORRECT?

MR. TAYLOR: MR. NORRIS, I -- I THANK YOU FOR THE

HYPOTHETICAL. AND IF WE'RE DOING HYPOTHETICALS, NONE OF US ARE

GUARANTEED TO BE HERE TOMORROW. BUT WE'RE ALL VERY HOPEFUL THAT WE'LL

GET THIS DONE AND WE'LL BE HERE TOMORROW TO PUSH THIS LEGISLATIVE WORK

FOR THE STATE OF NEW YORK.

MR. NORRIS: GREAT. THANK YOU, MR. TAYLOR, AND

I'LL WORK WITH YOU TO TRY TO GET THAT FUNDING FOR THOSE HARD-WORKING

BOARD OF ELECTIONS EMPLOYEES AND FOR THE BOARD OF ELECTIONS. I

APPRECIATE THAT.

MR. TAYLOR: WELL, THANK YOU MUCH. I LOOK

FORWARD TO WORKING WITH YOU. AND I'LL BE VOTING IN THE AFFIRMATIVE ON

THIS BILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

TAYLOR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4306-B. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL GENERALLY BE IN OPPOSITION TO THIS LEGISLATION FOR THE

REASONS MENTIONED BY MY COLLEAGUE. BUT THOSE WHO'D LIKE TO SUPPORT IT

SHOULD CALL THE MINORITY LEADER'S OFFICE SO WE CAN RECORD YOUR VOTE

PROPERLY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. MAJORITY

MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY

EXCEPTIONS PLEASE CALL THE MAJORITY LEADER'S OFFICE AT THE NUMBER

PREVIOUSLY PROVIDED AND WE WILL RECORD ACCORDINGLY.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU, MS.

HUNTER.

MR. DINOWITZ TO EXPLAIN HIS VOTE.

MR. DINOWITZ: THANK YOU. SO, WHEN WE FIRST

DISCUSSED EARLY VOTING A FEW YEARS AGO I WAS STRONGLY SUPPORTIVE OF IT.

BUT ONE OF THE OBJECTIONS I HAD WAS THAT THERE WEREN'T ENOUGH SITES THAT

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WILL PROVIDE IT AND THE LARGER COUNTIES SUCH AS THE BRONX WERE

DISADVANTAGED BECAUSE IT PROVIDED TOO FEW POLLING SITES. THIS BILL

ADDRESSES THAT SITUATION, AND I APPLAUD IT. AND I JUST WANT TO POINT OUT

THAT RIGHT NOW WE HAVE -- BECAUSE OF MY LEGISLATION WE HAVE NO EXCUSE

ABSENTEE BALLOTING, IN ESSENCE, THIS YEAR AND THEN HOPEFULLY IF THE

VOTERS APPROVE THE CONSTITUTIONAL AMENDMENT AS WAS RAISED, WE WILL

HAVE IT IN THE FUTURE STARTING NEXT YEAR. BUT THE TWO AREN'T MUTUALLY

EXCLUSIVE. NOT EVERYBODY WANTS TO VOTE ON AN ABSENTEE BALLOT. I -- I

WILL VOTE IN PERSON UNLESS I CAN'T. I'D RATHER KNOW THAT I CAST MY VOTE

AND THAT IT'S COUNTED THAT NIGHT AND NOT RELY ON THE UNITED STATES POSTAL

SERVICE AND HOPE THAT IT GETS THERE, WHICH IT PROBABLY WOULD, AND THEN

COUNTED AT A LATER TIME. SO WE HAVE ABSENTEE BALLOTING. IT'S VERY

IMPORTANT FOR PEOPLE WHO CAN'T GET TO THE POLLS WHO -- FOR ONE REASON

OR ANOTHER. BUT MOST PEOPLE I THINK PREFER TO VOTE IN PERSON. SO WE

SHOULD BE DOING BOTH OF THESE THINGS. IT'S IMPORTANT TO DO EVERYTHING

WE CAN TO MAKE IT EASIER AND MORE CONVENIENT FOR PEOPLE TO VOTE.

WE'RE A DEMOCRACY AND THAT MEANS MORE PEOPLE SHOULD BE

PARTICIPATING. THAT'S WHAT MAKES US A REAL DEMOCRACY. SO THIS BILL -

AND I'M GRATEFUL TO THE SPONSOR - I -- I THINK WILL MAKE IT MORE

CONVENIENT FOR MORE PEOPLE TO VOTE, AND SO I HOPE YOU ALL VOTE YES AND

I VOTE YES.

ACTING SPEAKER AUBRY: MR. DINOWITZ IN THE

AFFIRMATIVE.

MS. SEAWRIGHT TO EXPLAIN HER VOTE.

MS. SEAWRIGHT: THANK YOU, MR. SPEAKER. YOU

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KNOW, I REMEMBER LAST YEAR 118,000 PEOPLE WERE SENT TO THE EARLY

VOTING SITE AT WAGNER MIDDLE SCHOOL ON THE UPPER EAST SIDE. THE

LARGEST NUMBER IN NEW YORK STATE. PEOPLE WAITED IN LINE, SOME IN THE

POURING RAIN, UP TO SIX HOURS TO BE ABLE TO CAST THEIR VOTE. WE

THREATENED A LAWSUIT AGAINST THE BOARD OF ELECTIONS. MARYMOUNT

MANHATTAN COLLEGE STEPPED UP FOR THE LAST WEEKEND OF EARLY VOTING. IT

WAS VOTER SUPPRESSION OF THE ELDERLY, VOTER SUPPRESSION OF WORKING

MEN AND WOMEN AND VOTER SUPPRESSION OF THE DISABLED.

SO I WANT TO PERSONALLY THANK THE BILL SPONSOR TODAY

AND CAST MY VOTE IN THE MEMORY ON MEDGAR EVERS, WHO ON SATURDAY,

JUNE 12TH DIED REGISTERING BLACK VOTERS IN MISSISSIPPI. THIS IS A VERY

IMPORTANT BILL AND I AM STRONGLY, STRONGLY SUPPORTING IT. THANK YOU.

ACTING SPEAKER AUBRY: MS. SEAWRIGHT IN THE

AFFIRMATIVE.

MR. TAYLOR TO EXPLAIN HIS VOTE.

MR. TAYLOR: I'M GOOD, MR. SPEAKER. I APOLOGIZE.

I FORGOT TO TAKE MY HAND DOWN.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. TAYLOR IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 31, RULES REPORT NO. 737, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07931, RULES REPORT

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NO. 737, CARROLL, SIMON, JACOBSON. AN ACT TO AMEND THE ELECTION

LAW, IN RELATION TO THE CANVASSING OF ABSENTEE, MILITARY AND SPECIAL

BALLOTS AND BALLOTS CAST IN AFFIDAVIT ENVELOPES; AND TO REPEAL CERTAIN

PROVISIONS OF SUCH LAW RELATED THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

CARROLL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

AN EXPLANATION IS REQUESTED, MR. CARROLL.

MR. CARROLL: THANK YOU, MR. SPEAKER. THIS BILL

WILL AMEND THE ELECTION LAW TO CHANGE THE PROCESS FOR CANVASSING

ABSENTEE, MILITARY AND SPECIAL AND AFFIDAVIT BALLOTS IN ORDER TO OBTAIN

ELECTION RESULTS IN A MORE EXPEDITED MANNER AND TO ASSURE THAT EVERY

BALLOT VOTE BY A QUALIFIED VOTER IS COUNTED.

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. I HAVE A

FEW QUESTIONS ABOUT THE BILL. WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. CARROLL, WILL YOU

YIELD?

MR. CARROLL: I YIELD, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. CARROLL YIELDS.

MR. NORRIS: MR. CARROLL, COULD YOU JUST EXPLAIN TO

EVERYONE HERE THE PROCESS TO HOW THESE BALLOTS ARE GOING TO BE COUNTED

UNDER YOUR LEGISLATION? IT'S MY UNDERSTANDING THAT SOME OF THE BALLOTS

WILL BE COUNTED PRIOR TO THE FIRST DAY OF VOTING. SO MAYBE YOU CAN JUST

EXPLAIN THE PROCESS, IF YOU WOULDN'T MIND.

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MR. CARROLL: SURE. A WONDERFUL QUESTION, MR.

NORRIS. WHEN A VOTER REQUESTS AN ABSENTEE BALLOT IN THIS INSTANCE AND

THAT BALLOT -- AND THAT VOTER RETURNS THE ABSENTEE BALLOT, IT WILL BE

PROCESSED WITHIN FOUR DAYS OF THE BOARD OF ELECTIONS RECEIVING SAID

BALLOT. IF THE BALLOT IS FOUND TO BE VALID, IT WILL BE PUT IN A SECURE BOX

FACE-DOWN, AND THEN ON THE -- ON THE DAY BEFORE THE FIRST DAY OF EARLY

VOTING, THOSE BALLOTS WILL BE SCANNED INTO A VOTING MACHINE. THAT

MACHINE WILL BE SECURE AND THE BALLOTS THAT WERE SCANNED INTO SAID

MACHINE WILL NOT BE TABULATED UNTIL 8 P.M. ON THE LAST DAY OF VOTING,

WHICH OF COURSE IS NOW ELECTION DAY.

MR. NORRIS: SO A BALLOT WILL COME IN TO THE BOARD

OF ELECTIONS, THEY'LL BE DETERMINED WHETHER OR NOT IT'S IN PROPER FORM.

IF IT'S IN PROPER FORM IT WILL GO INTO THE BOX. AT THAT POINT IF IT'S NOT

FOUND IN PROPER FORM THEY'LL RECEIVE A CURE NOTICE TO BE HEARD?

MR. CARROLL: THAT'S CORRECT, YES.

MR. NORRIS: OKAY.

MR. CARROLL: YOU WOULD RECEIVE A CURE NOTICE IF

MR. NORRIS: AND NOW, WILL THOSE BALLOTS THOUGH

BE OPENED? I MEAN, WILL THEY BE OPENED AND WILL THEY BE FLIPPED OVER,

OR HOW WILL THAT ACTUALLY HAPPEN? BECAUSE --

MR. CARROLL: YOU'RE ASKING THE MECHANICS OF IT.

YEAH, SO I BELIEVE -- WHAT THE BILL WOULD DO IT -- SAID ABSENTEE BALLOT IS

SENT TO THE BOARD OF ELECTIONS, IT IS REVIEWED, IT IS FOUND TO BE VALID.

THAT BALLOT WILL THEN BE FLIPPED OVER, FACE-DOWN AND PUT IN A SECURE

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BOX TO BE THEN TABULATED LATER, WHICH WOULD BE ON THE FIRST DAY -- OR THE

DAY BEFORE THE FIRST DAY OF EARLY VOTING.

MR. NORRIS: BUT THE -- BUT THE ENVELOPE WILL BE

OPENED, RIGHT, AND THEN IT WILL BE FLIPPED OVER -- I MEAN, SO THE -- THE

BALLOT WOULD BE OUT IN SOME FORM.

MR. CARROLL: IN SOME FORM.

MR. NORRIS: OKAY. AND THEN WHAT IS THIS -- OKAY,

LET ME JUST -- NOW, WOULD THERE BE AN INDICATION TO WHETHER OR NOT THAT

VOTER CAST AN ABSENTEE BALLOT? HOW WILL THAT BE DONE? YOU KNOW,

BEFORE EARLY VOTE ACTUALLY STARTS FOR VOTING.

MR. CARROLL: GREAT -- GREAT QUESTION. SO, YES. IF

SAID VOTER WHO REQUESTS AN ABSENTEE BALLOT, REQUESTS THAT BALLOT, THEN IN

THE ELECTRONIC POLL BOOK IT WILL BE NOTED THAT JOHN DOE HAS REQUESTED

AN ABSENTEE BALLOT. AND IF JOHN DOE DECIDES TO GO TO AN EARLY VOTING

SITE OR THE SAME -- OR HIS ELECTION DAY POLLING SITE, IT WILL BE NOTED IN

THE ELECTRONIC POLL BOOK THAT HE HAS REQUESTED AN ABSENTEE BALLOT AND HE

WILL -- IF HE WANTS TO VOTE THAT DAY IN PERSON HE WOULD HAVE TO VOTE VIA

AFFIDAVIT BALLOT. AND WHEN THAT AFFIDAVIT BALLOT IS REVIEWED, IF IT IS

FOUND THAT HE'S ALREADY -- HE HAD PREVIOUSLY SENT IN AN ABSENTEE BALLOT,

IT IS THAT ABSENTEE BALLOT THAT WOULD BE COUNTED.

MR. NORRIS: OKAY. SO IT WILL -- SOMEONE WILL

HAVE TO, LIKE, NOTE IT ON THERE. HOPEFULLY IT WILL GET INTO THE SYSTEM.

AND THEY IF THEY SHOWED UP -- WHAT HAPPENS IF IT WAS MISSED? I MEAN,

COULD THEY -- THEY COULD SHOW UP AT AN EARLY VOTING SITE, VOTE

(INAUDIBLE) MISSED.

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MR. CARROLL: NO, THAT --

(CROSS-TALK)

MR. NORRIS: (INAUDIBLE). I MEAN, I WORKED AT THE

BOARD OF ELECTIONS. YOU KNOW, UNFORTUNATELY THEY ARE ADMINISTRATIVE

ERRORS THAT OCCUR AT THE BOARD.

MR. CARROLL: I'VE NEVER HEARD OF THE BOARD OF

ELECTIONS HAVING ADMINISTRATIVE ERROR. THAT SEEMS SHOCKING TO ME.

NOW, PRESUMABLY, HYPOTHETICALLY, ERRORS COULD OCCUR. I DON'T SEE THAT

HAPPENING. I -- I BELIEVE THAT RIGHT NOW THE BOARD OF ELECTIONS, OF

COURSE, HAS TO WORRY ABOUT INDIVIDUALS VOTING TWICE IN THE MANNER THAT

YOU ARE SUGGESTING, AND I HAVE HEARD OF NO EVIDENCE IN THE STATE OF

NEW YORK WHERE THAT HAS OCCURRED. AND SO I BELIEVE THAT WHATEVER

SYSTEMS THE BOARD OF ELECTIONS HAVE IN PLACE IN ALL 62 COUNTIES IN NEW

YORK STATE, IT MUST BE WORKING BECAUSE THIS PROBLEM HAS NOT RISEN TO

MY ATTENTION.

MR. NORRIS: OKAY. IF THEY SHOW UP AT THE VOTING

SITE -- OKAY, SO THEN WILL THERE BE A SECOND ROUND OF COUNTING OF THE

BALLOTS, THEN, ONCE THE EARLY VOTING STOPS BEFORE ELECTION DAY?

MR. CARROLL: SO, YES. ON THE LAST DAY OF EARLY

VOTING, THE SUNDAY BEFORE ELECTION DAY, WHATEVER BALLOTS HAVE BEEN

RECEIVED AND HAVE BEEN PROCESSED AND HAVE BEEN FOUND TO BE VALID,

THOSE, TOO, WOULD BE SCANNED INTO THE VOTING MACHINE AND BE LEFT TO BE

TABULATED, OF COURSE, AT 8 P.M. OR THE HOUR BEFORE POLLS CLOSE ON THE

FINAL DAY OF VOTING ELECTION DAY.

MR. NORRIS: AND -- AND THEN THEY WOULD HAVE TO

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NYS ASSEMBLY JUNE 10, 2021

BE NOTED BEFORE (INAUDIBLE) SAME PROCESS --

(CROSS-TALK)

MR. CARROLL: THE SAME EXACT PROCESS. THE SAME

EXACT PROCESS WE WENT BEFORE.

MR. NORRIS: OKAY. NOW RIGHT NOW, IT'S MY

UNDERSTANDING UNDER CURRENT LAW THAT IF YOU'RE IN THE COUNTY ON

ELECTION DAY AND YOU DID VOTE PRIOR BEFORE ABSENTEE THAT YOU HAVE TO

GO TO YOUR -- YOUR VOTING SITE. DOES THIS REVOKE THAT? DO YOU KNOW?

MR. CARROLL: I'M SORRY --

MR. NORRIS: IT'S OKAY.

MR. CARROLL: IF YOU CAN REPEAT THAT QUESTION, MR.

NORRIS. I APOLOGIZE.

MR. NORRIS: IT'S MY UNDERSTANDING RIGHT NOW THAT

IF YOU'RE IN THE COUNTY, MAYBE YOUR PLANS CHANGE, (INAUDIBLE) ABSENTEE

BALLOTING, POTENTIALLY, BUT YOU'RE SUPPOSED TO GO, LIKE THIS YEAR, STILL TO

THE VOTING SITE IF YOU'RE IN THE COUNTY. HAS THAT BEEN REMOVED? SO IF

YOU VOTE ONCE YOU CAN'T GO, YOU KNOW, AND VOTE ON THE MACHINE? OR --

MR. CARROLL: IF YOU REQUEST -- IF YOU REQUEST AN

ABSENTEE BALLOT AND THE BOARD PROVIDES YOU WITH AN ABSENTEE BALLOT

BECAUSE YOU MEET THE QUALIFICATIONS, WHATEVER THEY ARE, YOU WILL THEN

BE ALLOWED TO VOTE VIA ABSENTEE. IF YOU VOTE BY ABSENTEE AND YOU

DECIDE TO SHOW UP, BE IT AT AN EARLY VOTING PLACE OR YOUR DAY OF ELECTION

POLLING SITE, YOU WOULD HAVE TO NOW ALWAYS VOTE VIA AFFIDAVIT. AND LET

ME JUST PUT A FINER POINT ON THIS, RIGHT? IF YOU HAVE SOMEHOW NOT SENT

IN THAT ABSENTEE BALLOT OR THE ABSENTEE BALLOT GETS LOST IN THE MAIL, WHEN

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THEY REVIEW THAT AND CANVAS THAT AFFIDAVIT BALLOT THEY WOULD SAY, OH,

YOU KNOW, JOHN DOE HAS NOT VOTED VIA ABSENTEE. WE CANNOT COUNT HIS

AFFIDAVIT BALLOT, AND OF COURSE, VICE VERSA. IF HE HAD VOTED BY ABSENTEE,

WE WOULD NOT. AND THE ABSENTEE BALLOT WOULD TRUMP THE AFFIDAVIT

BALLOT.

MR. NORRIS: OKAY. NOW, AFTER ELECTION DAY

OCCURS, ALL THE VOTING, THERE'LL BE ANOTHER TABULATION. HOW IS THE

INTERFACE GOING TO WORK WITH THE CURE PERIOD? THE PEOPLE HAVE TO BE --

(INAUDIBLE) CURING ANY MISTAKES THAT OCCURRED WITH THEIR BALLOT

(INAUDIBLE) PROPOSED BILL AND CURRENTLY IN STATUTE AND THE AUDITING

PROCEDURE WHICH HAPPENS I BELIEVE WITHIN THREE -- THREE DAYS OF

ELECTION.

MR. CARROLL: THREE DAYS.

MR. NORRIS: HOW DOES THIS (INAUDIBLE) WORK? I

MEAN, PHYSICALLY WITH THE BOARD OF ELECTIONS TO GET ALL OF THIS DONE? I

UNDERSTAND THE INTENT OF THE BILL, BUT HOW ARE THEY GOING TO DO THIS?

MR. CARROLL: SO I THINK THE BILL, BECAUSE OF IT

MAKING IT CLEAR WHAT IS AND IS NOT A VALID ABSENTEE BALLOT, MAKING LESS

-- HAVING LESS THINGS INVALIDATE AND OTHERWISE VALIDATED, I BELIEVE WE

WILL SEE THAT THERE ARE MANY MORE OF VALID BALLOTS ON THEIR FACE FROM

THE BEGINNING, AND THUS, THE BOARD WILL BE ABLE TO COUNT A LARGE

MAJORITY OF THE BALLOTS RECEIVED EITHER THE FRIDAY BEFORE EARLY VOTING

STARTS OR THAT SUNDAY EVENING OF THE LAST DAY OF EARLY VOTING. AND SO

THE FINAL BALLOTS THAT MUST BE COUNTED AFTER ELECTION DAY THAT EITHER

HAVE CURE ISSUES OR COME IN ON ELECTION DAY OR RIGHT AFTER WILL BE

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INSIGNIFICANT COMPARED TO WHAT WE'VE HAD IN THE PAST WHERE WE ARE

COUNTING -- I BELIEVE THIS YEAR THERE WAS SOMETIMES 40, 50 PERCENT OF

THE BALLOTS WERE OUTSTANDING AFTER ELECTION DAY BECAUSE OF THE AMOUNT

OF PEOPLE WHO VOTED VIA ABSENTEE BALLOT.

MR. NORRIS: I SEE. OKAY, SO THE PURPOSE OF YOUR

BILL, I BELIEVE, IS TO GET A JUMP-START -- I MEAN, EVERYONE WANTS TO KNOW

THE ELECTION RESULTS AS SOON AS POSSIBLE. I UNDERSTAND THAT, PARTICULARLY

IF YOU'RE A CANDIDATE, RIGHT? SO I THINK -- I THINK THE PURPOSE OF YOUR

LEGISLATION IS TO -- JUST CORRECT ME IF I'M WRONG -- IS TO TRY TO GET THESE

THINGS TABULATED, THE BALLOTS, AS QUICKLY AS POSSIBLE SO WE CAN REPORT

RESULTS MORE QUICKLY ON ELECTION DAY OR THERE -- QUICKLY THEREAFTER,

RIGHT?

MR. CARROLL: I THINK THAT'S CORRECT.

MR. NORRIS: OKAY. ALL RIGHT. I GUESS THAT -- THAT

SATISFIES MY QUESTIONS. ALL OF THE CURE PROVISIONS THAT WE'VE DEBATED

IN THE PAST - NOT NECESSARILY YOU, BUT OTHER MEMBERS - ARE ALL BEING

CODIFIED NOW WITHIN THIS STATUTE, IS THAT CORRECT?

MR. CARROLL: THEY ARE.

MR. NORRIS: OKAY. VERY GOOD.

I WOULD LIKE TO GO ON THE BILL, MR. CARROLL -- MR.

SPEAKER.

ACTING SPEAKER EICHENSTEIN: ON THE BILL.

MR. NORRIS: VERY GOOD. VERY QUICKLY, I WOULD

LIKE TO JUST -- JUST POINT OUT THAT I DO BELIEVE THAT THIS IS A GOOD FIRST

STEP. I UNDERSTAND THAT WE WANT TO TABULATE THE RESULTS AS QUICKLY AS

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POSSIBLE AND MAKE SURE WE -- WE GET ELECTION RESULTS OUT TO THE PUBLIC

AND TO THE CANDIDATES. I UNDERSTAND THAT. BUT I -- I AM CONCERNED, AS I

MENTIONED, WITH PREVIOUSLY SOME OF THOSE HOLES I SEE IN THERE. I

WOULD'VE SUGGESTED MORE OF A PILOT PROGRAM IN ONE AREA TO TRY THIS OUT

FIRST BEFORE WE TRY TO DO THIS STATEWIDE.

SO IN CONCEPT, I UNDERSTAND WHAT YOU'RE TRYING TO DO,

BUT I DO HAVE SOME CONCERNS ABOUT IT. AND FOR THOSE TECHNICAL REASONS

I WILL BE VOTING IN THE NEGATIVE. THANK YOU VERY MUCH, MR. SPEAKER,

AND THANK YOU TO THE SPONSOR.

ACTING SPEAKER EICHENSTEIN: MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER EICHENSTEIN: MR. CARROLL,

DO YOU YIELD?

MR. CARROLL: I YIELD, MR. SPEAKER.

ACTING SPEAKER EICHENSTEIN: THE SPONSOR

YIELDS.

MR. LAWLER: THANK YOU. THE SENATE PASSED A

PREVIOUS VERSION OF THIS BILL IN JANUARY, CORRECT?

MR. CARROLL: YES.

MR. LAWLER: OKAY. AND SO AS I UNDERSTAND IT, IT

WAS PULLED AND THEY HAVE SINCE PASSED AN AMENDED VERSION AND THAT IS

WHAT WE ARE DEALING WITH TODAY, CORRECT?

MR. CARROLL: YES.

MR. LAWLER: WHAT WAS AMENDED FROM THE

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NYS ASSEMBLY JUNE 10, 2021

PREVIOUS VERSION OF -- OF THE SENATE BILL? DO YOU KNOW?

MR. CARROLL: THE BILLS ARE QUITE A BIT DIFFERENT.

MR. LAWLER: DO YOU HAVE ANY SPECIFICS THAT KIND

OF WERE -- WERE DONE TO IMPROVE --

MR. CARROLL: I DON'T HAVE THE BILL -- THE PREVIOUS

BILL THAT WAS NEVER BEFORE THIS HOUSE IN FRONT OF ME. THEY WERE

DIFFERENT.

MR. LAWLER: OKAY. SO UNDER THE CURRENT SYSTEM,

I THINK WE CAN ALL AGREE IT'S ACTUALLY A GOOD SYSTEM TO AVOID DUPLICATIVE

VOTING. SO, IN OTHER WORDS, IF SOMEBODY SUBMITS AN ABSENTEE BALLOT

CURRENTLY AND THEN THEY DECIDED, YOU KNOW WHAT? I WANT TO GO VOTE ON

THE MACHINE, THEY COULD VOTE ON THE MACHINE AND THEN BECAUSE WE

TABULATE AFTER ELECTION DAY, WE REALLY DO A VERY GOOD JOB CURRENTLY OF

ENSURING THAT NOBODY IS VOTING TWICE. WOULD YOU AGREE WITH THAT?

MR. CARROLL: YES.

MR. LAWLER: OKAY. SO I THINK THE -- AS WE'RE

MOVING FORWARD I THINK THE IDEA AND THE CONCEPT OF WANTING TO TABULATE

THE VOTES FASTER IS A GOOD ONE. I THINK EVERYBODY WOULD LIKE TO SEE

ELECTION RESULTS IN A TIMELY FASHION AND NOT A -- A DELAYED FASHION.

MR. CARROLL: I'M GLAD YOU SUPPORT THE BILL.

MR. LAWLER: BUT I'M TRYING TO GET CLARITY ON THE

ANSWERS, BUT THANK YOU. SO AS WE MOVE FORWARD AND WE'RE STARTING TO

GO THROUGH THE PROCESS OF TABULATING VOTES EARLY, I JUST WANTED TO GET A

LITTLE MORE CLARITY ON THIS. IF SOMEBODY VOTES BY ABSENTEE BALLOT -- THEY

REQUEST AN ABSENTEE BALLOT AND THEY VOTE AND SEND THE BALLOT BACK IN,

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THEY WILL NO LONGER BE ABLE TO VOTE ON THE MACHINE, CORRECT?

MR. CARROLL: CORRECT.

MR. LAWLER: NOT DURING EARLY VOTING AND NOT ON

ELECTION DAY?

MR. CARROLL: CORRECT.

MR. LAWLER: OKAY. SO, ONCE THEY SHOW UP -- IF

THEY SHOW UP ON ELECTION DAY AND TRY TO VOTE IT WILL BE BY AFFIDAVIT

BALLOT?

MR. CARROLL: CORRECT.

MR. LAWLER: OKAY. IF THE AFFIDAVIT BALLOT, WHEN

WILL THOSE BE COUNTED OR REVIEWED? AFTER ELECTION DAY?

MR. CARROLL: AFTER ELECTION DAY.

MR. LAWLER: OKAY. DO YOU HAVE A TIME FRAME ON

THAT? IS THERE -- IS THERE A MANDATED TIME FRAME WITHIN THE BILL?

MR. CARROLL: WE DID NOT CHANGE THE WAY

AFFIDAVIT BALLOTS ARE CANVASSED AND COUNTED. IT IS THE SAME TIME FRAME

AS IT -- AS IT HAS ALWAYS BEEN.

MR. LAWLER: AS IT CURRENTLY STANDS, OKAY. IN

LOOKING AT AND DEVISING THIS BILL, DID WE REVIEW, OR DID YOU REVIEW, ANY

OTHER STATES AND HOW THEY ARE DEALING WITH THE COUNTING OF ABSENTEE

BALLOTS?

MR. CARROLL: WE DID. WE LOOKED AT A NUMBER OF

STATES, AND YES.

MR. LAWLER: CAN YOU SPECIFY ANY ONE IN

PARTICULAR THAT MAY HAVE HELPED KIND OF GIVE SOME GUIDANCE HERE?

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MR. CARROLL: SO, THERE WAS NO ONE STATE THAT WAS

A -- THAT WE MODELED THIS BILL OFF OF. I THINK WE HAD THE GOAL OF

TABULATING -- COUNTING AND TABULATING AS MANY VOTES AS POSSIBLE ON OR

AROUND ELECTION DAY, WHICH ALMOST EVERY OTHER STATE IN THE UNION DOES

RIGHT NOW EXCEPT OURSELVES AND PENNSYLVANIA.

MR. LAWLER: RIGHT.

MR. CARROLL: AND SO THERE ARE A NUMBER OF STATES

THAT DO THIS, ALL SLIGHTLY DIFFERENTLY. NEW YORK WILL JOIN THOSE STATES IN

-- IN DOING JUST THAT.

MR. LAWLER: PART OF WHAT WOULD DELAY PREVIOUS

COUNTING IN ADDITION TO JUST VERIFYING THAT THE INDIVIDUAL DID NOT, IN

FACT, VOTE ON THE MACHINE WAS THAT OFTENTIMES CANDIDATES OR

REPRESENTATIVES WOULD COME TO THE BOARD OF ELECTIONS, ISSUE

OBJECTIONS, GO TO COURT, ET CETERA. WHAT IS -- HOW DOES YOUR BILL DEAL

WITH OR DOES IT NOT DEAL WITH THE ABILITY OF A CANDIDATE TO OBJECT TO AN

ABSENTEE BALLOT WHEN IT DOES COME IN?

MR. CARROLL: SO, THIS BILL STREAMLINES WHAT DOES

AND DOES NOT INVALIDATE A BALLOT AND WHAT DOES AND DOES NOT NEED A

CURE FROM A VOTER. FURTHER, IT DOES ALLOW IF THERE WILL BE IRREPARABLE

HARM TO A CANDIDATE FOR THAT PERSON TO SEEK REDRESS IN OUR SUPREME OR

COUNTY COURTS.

MR. LAWLER: SO HOW MANY TIMES -- JUST FOR

CLARITY, HOW MANY TIMES WILL THE BALLOTS BE RE -- REVIEWED AND OPENED?

SO, RIGHT BEFORE EARLY VOTING BEGINS?

MR. CARROLL: YES.

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MR. LAWLER: AFTER EARLY VOTING ENDS?

MR. CARROLL: THEY -- SO THEY WILL REVIEW, RIGHT --

A BALLOT SENT IN --

MR. LAWLER: AS IT -- SO IT'S GOING TO BE A ROLLING

BASIS AS IT'S COMING IN?

MR. CARROLL: WELL, CAN I ANSWER YOUR QUESTION,

MR. LAWLER?

MR. LAWLER: YEP, SURE.

MR. CARROLL: GREAT. SO, THE BOARD OF ELECTIONS

MUST REVIEW AN ABSENTEE BALLOT WITHIN FOUR DAYS OF RECEIVING THAT

BALLOT, EXCEPT WHEN THEY RECEIVE THAT BALLOT ON OR AFTER ELECTION DAY

WHICH THEY MUST REVIEW IT THAT SAME DAY. AND OF COURSE THAT MEANS

THAT, YES, THEY WILL START REVIEWING BALLOTS AND CONTINUE TO REVIEW THEM

UP AND THROUGH THE ELECTION.

MR. LAWLER: OKAY. SO, I'M -- I'M JUST -- THE

REASON I WAS ASKING IS -- SO IF IT'S ON A ROLLING BASIS, BUT YOU SAID A

CANDIDATE HAS REDRESS -- ARE THEY GOING TO HAVE TO HAVE REPRESENTATIVES

THERE EVERY -- EVERY DAY, I GUESS, CHECKING? IS THAT -- IS THAT WHAT WILL

HAPPEN?

MR. CARROLL: WELL --

MR. LAWLER: I MEAN, I'M -- I'M JUST TRYING TO GET

CLARITY, BECAUSE NORMALLY DURING WHEN -- WHEN YOU GO THROUGH THE --

UNDER THE CURRENT SYSTEM WHAT ENDS UP HAPPENING IS YOU COME IN, YOU

SCHEDULE A TIME WITH THE BOARD OF ELECTIONS, YOU REVIEW ALL OF THE

ABSENTEE BALLOTS, YOU GO THROUGH THEM AND YOU MAKE OBJECTIONS, KIND

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OF AS, YOU KNOW, ONE PACKAGE. SO IF -- IF THE BALLOTS ARE GOING TO BE

OPENED, DO YOU -- WILL YOU HAVE TO BE DOING THIS KIND OF ON A RUNNING

BASIS IF THERE ARE OBJECTIONS? THERE MAY NOT BE, BUT I'M JUST TRYING TO

UNDERSTAND WHAT -- WHAT THE PROCESS WILL BE IN TERMS OF REDRESS FOR A

CANDIDATE.

MR. CARROLL: WELL -- WELL, SO, YES. THEY -- THEY

COULD, IN THEORY, DO WHAT YOU WERE SAYING. FURTHER, AS YOU ARE WELL

AWARE, THE BOARD OF ELECTIONS IS A PARTISAN BOARD OF ELECTIONS THAT HAS

DIFFERENT MEMBERS FROM BOTH MAJOR POLITICAL PARTIES, AND I DO BELIEVE

WITH A CLEAR SET OF RULES THAT FINDS A BALLOT, BE IT VALID OR INVALID, THE

ISSUE THAT YOU'RE TALKING ABOUT I DON'T THINK WOULD BECOME A MAJOR

ISSUE. NOW, IF THERE WAS AN ISSUE - AND I DON'T KNOW WHAT THAT ISSUE

COULD BE - THE COURTS ARE ALWAYS OPEN TO CANDIDATES OR POLITICAL PARTIES

TO PUT AN INJUNCTION ON THE COUNTING AND CANVASSING -- OR THE

CANVASSING AND SCANNING OF ABSENTEE BALLOTS.

MR. LAWLER: OKAY. SO THE -- THIS BILL WILL DEFINE

SPECIFICALLY WHAT WILL VALIDATE OR INVALIDATE A BALLOT. IT'S A UNIFORM

STANDARD BY WHICH ALL 62 BOARD OF ELECTIONS SHALL FOLLOW.

MR. CARROLL: YES.

MR. LAWLER: OKAY.

MR. CARROLL: REMEMBER, NO ABSENTEE BALLOTS ARE

BEING REQUESTED BY REGISTERED VOTERS FROM THEIR COUNTY BEING SENT TO

THEIR ADDRESSES AND SENT BACK. THIS IS A SECURE SYSTEM. A SYSTEM THAT

NOT ONLY OUR STATE HAS USED FOR, YOU KNOW, DECADES AND DECADES, BUT

EVERY STATE IN THE UNION USES. AND I DO NOT KNOW OF A SINGLE INSTANCE

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OF WIDESCALE FRAUD THROUGH THE MAILS VIA ABSENTEE BALLOTING.

MR. LAWLER: WELL, IN NEW YORK STATE I WOULD

AGREE WE HAVE NOT HAD THAT ISSUE BECAUSE OF THE PROCESS WE'VE HAD

WHERE YOU CAN VERIFY AFTER ELECTION DAY TO MAKE SURE SOMEBODY

DIDN'T, FOR INSTANCE, VOTE ON A MACHINE AND THEN VOTE BY ABSENTEE

BALLOT. SO IT'S -- I THINK WE'VE HAD A VERY GOOD PROCESS.

MR. CARROLL: WE DO THAT JUST NOW THROUGH THIS

BILL --

MR. LAWLER: I THINK THIS PROCESS WILL HELP --

MR. CARROLL: OKAY.

MR. LAWLER: -- SO I'M NOT ARGUING WITH YOU.

MR. CARROLL: GOOD.

MR. LAWLER: SO ON THE BILL, MR. SPEAKER.

ACTING SPEAKER EICHENSTEIN: ON THE BILL,

SIR.

MR. LAWLER: I ACTUALLY -- WHEN THIS -- WHEN THE

SENATE VERSION OF THE BILL WAS FIRST PASSED IN JANUARY, A DIFFERENT

SPONSOR WAS CARRYING THE ASSEMBLY VERSION AND I HAD REACHED OUT TO

THAT SPONSOR SPECIFICALLY ON THE ISSUE OF NOT ALLOWING SOMEONE TO VOTE

ON THE MACHINE AFTER THEY VOTED BY ABSENTEE BALLOT. ESPECIALLY IF WE'RE

TRYING TO EXPEDITE THE COUNTING PROCESS BECAUSE I FELT THAT WOULD CREATE

A COMPLICATION. AND SO I'M GLAD TO SEE THAT THIS BILL, AS AMENDED FROM

THE SENATE VERSION THAT WAS PREVIOUSLY PASSED AND NOW WE ARE VOTING

ON THE NEW SENATE VERSION, I'M GLAD TO SEE THAT IT DID REFLECT THAT

CHANGE. I THINK IT'S IMPORTANT. I THINK IT WILL ALLOW FOR A BETTER PROCESS

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IN TERMS OF COUNTING ABSENTEE BALLOTS EXPEDITIOUSLY AND MAKING SURE

THAT OUR ELECTIONS ARE FAIR.

AND SO I'M HAPPY TO SUPPORT THIS BILL. I DO THINK IT

WILL GO A LONG WAY IN PROVIDING A GOOD PROCESS FOR OUR ELECTIONS, AND

SO I WILL VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER EICHENSTEIN READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,

2022.

ACTING SPEAKER EICHENSTEIN: THE CLERK

WILL RECORD THE VOTE ON SENATE PRINT 1027-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

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

PARTY IS -- OR CONFERENCE IS GENERALLY OPPOSED TO THIS. BUT THOSE WHO

WOULD LIKE TO VOTE IN FAVOR OF IT ARE CERTAINLY ENCOURAGED TO CALL THE

MINORITY LEADER'S OFFICE AND WE WILL PROPERLY RECORD THEIR VOTE.

THANK YOU, SIR.

ACTING SPEAKER EICHENSTEIN: THANK YOU.

MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. I'M REMINDING

MY COLLEAGUES THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE RECORDED

IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, PLEASE FEEL FREE TO CALL

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THE MAJORITY LEADER'S OFFICE. WE WILL RECORD AND COMMUNICATE.

THANK YOU.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER EICHENSTEIN: THANK YOU.

MR. CARROLL TO EXPLAIN HIS VOTE.

MR. CARROLL: THANK YOU, MR. SPEAKER. THIS

AFTERNOON WE PASSED A BILL THAT WILL UPDATE THE CANVASSING AND

COUNTING OF ABSENTEE BALLOTS SO THAT NEW YORK IS NO LONGER THE LAST

STATE IN THE UNION TO CERTIFY ITS ELECTION RESULTS. THIS WILL BE YET

ANOTHER LAW THAT THIS BODY PASSES TO MODERNIZE AND LIBERALIZE OUR

ELECTION LAWS. I WANT TO THANK THE CHAIR OF THE ELECTIONS COMMITTEE,

ASSEMBLYWOMAN LATRICE WALKER, STAFF, AND ALL THOSE WHO MADE THIS

POSSIBLE. THIS BILL WILL GIVE NEW YORKERS MORE FAITH IN OUR ELECTIONS

BECAUSE WE WILL BE ABLE TO CERTIFY AND GET ELECTION RESULTS MUCH MORE

QUICKLY THAN WE HAVE IN THE PAST.

THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER EICHENSTEIN: MR. CARROLL IN

THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MR. ASHBY AND MR. BROWN IN THE AFFIRMATIVE ALONG WITH

THOSE WHO HAVE VOTED SO ON THE FLOOR.

THANK YOU, SIR.

ACTING SPEAKER EICHENSTEIN: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

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(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE COULD CONTINUE FROM OUR DEBATE LIST, WE'RE GOING TO GO

TO RULES REPORT NO. 555. IT'S ASSEMBLY BILL 4982, IT'S CARRIED BY MR.

HEVESI. FOLLOWED BY RULES REPORT NO. 560, ASSEMBLY BILL 5465

CARRIED BY MR. O'DONNELL. FOLLOWED BY RULES REPORT NO. 563,

ASSEMBLY BILL 5549. THAT ONE IS CARRIED BY MS. RICHARDSON. WE'RE

GOING TO FOLLOW WITH 565, ASSEMBLY BILL 5679. THAT ONE IS CARRIED BY

MS. DARLING. AND FOR THE MOMENT, LASTLY, RULES REPORT NO. 566,

ASSEMBLY BILL 5705. THAT ONE IS CARRIED BY MS. JOYNER. IN THAT ORDER,

MR. SPEAKER.

THANK YOU.

ACTING SPEAKER EICHENSTEIN: THANK YOU,

MRS. PEOPLES-STOKES.

PAGE 18, RULES REPORT NO. 555, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04982-A, RULES

REPORT NO. 555, HEVESI, EPSTEIN, SIMON, ABINANTI, SEAWRIGHT, AUBRY,

GOTTFRIED, JACKSON, MITAYNES, FORREST, QUART, GONZ�LEZ-ROJAS, MEEKS,

MAMDANI, PERRY, BURDICK, DICKENS, WALKER, BARRON, LUNSFORD, KELLES.

AN ACT TO AMEND THE FAMILY COURT ACT, THE SOCIAL SERVICES LAW AND

THE EXECUTIVE LAW, IN RELATION TO RAISING THE LOWER AGE OF JUVENILE

DELINQUENCY JURISDICTION FROM AGE SEVEN TO AGE 12 AND TO ESTABLISH

DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER THE AGE OF 12.

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ACTING SPEAKER EICHENSTEIN: ON A MOTION

BY MR. HEVESI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

AN EXPLANATION IS REQUESTED, MR. HEVESI.

MR. HEVESI: THANK YOU, MR. SPEAKER. GOOD

EVENING, MY COLLEAGUES. IT IS AN HONOR FOR ME TO STAND FOR THIS

PARTICULAR BILL. THIS BILL WILL RAISE THE AGE OF CRIMINAL RESPONSIBILITY

FROM SEVEN YEARS OLD TO 12 YEARS OLD, PROHIBITING YOUTH FROM BEING

CHARGED AS JUVENILE DELINQUENTS FOR ALLEGEDLY COMMITTING A CRIME OR A

VIOLATION. I'M GOING TO TAKE A MOMENT TO EXPLAIN THIS BILL. THERE ARE

FOUR MAIN ARGUMENTS. THERE'S A FISCAL ARGUMENT WHY WE CAN'T DO THIS

ANYMORE, THERE ARE LEGAL ARGUMENTS WHY WE CAN'T DO THIS ANYMORE.

THERE IS A RACIAL JUSTICE COMPONENT HERE THAT WE HAVE TO ADDRESS, AND

FINALLY, SCIENTIFICALLY, WE CAN NO LONGER KEEP DOING THIS TO OUR CHILDREN.

BUT THE BEST WAY TO EXPLAIN WHAT WE'RE DOING NOW AND WHY WE HAVE TO

CHANGE IS TO GO THROUGH WHO THESE KIDS ARE. SO FIRST LET ME START WITH

THIS: THE POPULATION OF KIDS RIGHT NOW THAT WE ARE GOING TO -- THAT WE

HAVE BEEN PUTTING IN HANDCUFFS, BEING TRANSPORTED IN POLICE CARS,

INTERROGATED, PUT IN PRETRIAL DETENTION WITH OLDER YOUTH, SOMETIMES

GIVEN PROBATION AND MANDATORY CONFINEMENT. THESE ARE LITTLE KIDS.

THESE ARE SEVEN TO 12 YEARS OLD, LITTLE GUYS. THEY ARE KINDERGARTEN

THROUGH FIFTH GRADE. AND THIS GROUP OF KIDS THAT I WOULD OFFER THAT WE

REALLY NEED TO FOCUS ON, 90 PERCENT OF THEM HAVE BEEN TRAUMATIZED.

NINETY PERCENT OF THESE CHILDREN HAVE EXPERIENCED ADVERSE CHILDHOOD

EXPERIENCES. IN ADDITION, MOST OF THEM HAVE MORE THAN FIVE OF THESE

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ADVERSE CHILDHOOD EXPERIENCES, AND MANY OF THEM HAD THESE ADVERSE

CHILDHOOD EXPERIENCES HAPPEN TO THEM BEFORE THEY WERE FIVE YEARS OLD.

SO I'M JUST GOING TO TAKE A SECOND. LET'S REMEMBER WHAT THE ADVERSE

CHILDHOOD EXPERIENCE ARE. THAT MEANS THAT THESE KIDS, MANY OF THEM

BEFORE FIVE YEARS OLD -- I'M GOING TO KEEP GOING FOR A LITTLE BIT, MS.

WALSH, IF YOU CAN FORGIVE ME.

MS. WALSH: (INAUDIBLE)

MR. HEVESI: OKAY. WE'RE GOING TO GET THERE.

THAT'S FINE.

ACTING SPEAKER EICHENSTEIN: HE'S GOT FIVE

MINUTES TO EXPLAIN THE BILL.

MR. HEVESI, PROCEED.

MR. HEVESI: THANK YOU. THANK YOU, MS. WALSH.

AND I'LL GO QUICKLY FOR YOU, OKAY? SO, THESE ADVERSE CHILDHOOD

EXPERIENCES ARE CHILD SEXUAL ABUSE, PHYSICAL ABUSE, EXPOSURE TO

DOMESTIC VIOLENCE. YOU LOSE THE CONTACT WITH THE PARENT. NOW, I'VE

GOT TO TAKE YOU THROUGH THE SCIENCE; THIS IS THE FIRST ARGUMENT. NOW,

WHAT HAPPENS TO THESE CHILDREN WHEN THEY'RE EXPOSED TO THESE ADVERSE

CHILDHOOD EXPERIENCES, THAT ARE PUT THROUGH CHILDHOOD TRAUMA. AND

I'M GOING TO TAKE YOU THROUGH IT. FIRST, THESE KIDS HAVE TRIGGERED THEIR

FIGHT-OR-FLIGHT MECHANISM, WHICH MEANS THAT THEIR BODIES SURGE STRESS

HORMONES INTO THEIR BODIES. THERE'S TWO STRESS HORMONES I WANT YOU TO

FOCUS ON; IT'S ADRENALINE AND CORTISOL. I BRING THIS UP BECAUSE THE

CORTISOL HAS A PHYSICAL CHANGE IN THE PREFRONTAL CORTEX OF THE BRAIN,

WHICH MEANS THAT THE -- THE DEVELOPMENT FOR THESE CHILDREN IS CHANGED.

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SO THE PREFRONTAL CORTEX IS RESPONSIBLE FOR THE FOLLOWING PROCESSES:

FIRST, IMPULSE CONTROL, AND THE SECOND I WILL MENTION IS EMOTIONAL

REGULATION. SO YOU NOW HAVE KIDS WHO HAVE A PHYSICAL DISABILITY DUE

TO TRAUMA THAT HAD NOTHING TO DO WITH THEM. YOU'VE GOT TO REMEMBER,

TRAUMATIZED KIDS NEVER, NEVER ARE RESPONSIBLE FOR THEIR TRAUMA, IT WAS

DONE TO THEM. SO NOW THESE KIDS HAVE A PHYSICAL DEFICIENCY, MANY OF

THEM, WITH IMPULSE CONTROL AND ALSO WITH EMOTIONAL REGULATION. AND

WHAT DOES THAT LEAD THEM TO DO? WELL, THESE KIDS ARE EXPONENTIALLY

MORE LIKELY TO ENGAGE IN RISK-TAKING BEHAVIORS, THE KINDS THAT GET YOU

INTO CONTACT WITH LAW ENFORCEMENT AND ALSO THE JUVENILE JUSTICE SYSTEM.

OTHER THINGS THAT WE SEE IN THESE KIDS? THEY HAVE --

ACTING SPEAKER EICHENSTEIN: MR. HEVESI,

CAN YOU PLEASE EXPLAIN THE BILL?

MR. HEVESI: I'M EXPLAINING THE BILL, MR. SPEAKER.

ACTING SPEAKER EICHENSTEIN: THANK YOU.

MR. HEVESI: THESE KIDS HAVE DIFFICULT -- I GOT TO

TELL YOU ABOUT THE POPULATION AND I'M GOING TO TELL YOU WHERE THESE

KIDS ARE GOING TO GO.

ACTING SPEAKER EICHENSTEIN: WE'RE NOT ON

DEBATE. WE'RE ON EXPLAINING THE BILL, PLEASE. THANK YOU. PROCEED.

MR. HEVESI: FAIR ENOUGH, MR. SPEAKER. MS.

WALSH, I'LL CUT TO THE END. THE BILL REQUIRES LOCAL DEPARTMENTS OF SOCIAL

SERVICES, DSS, TO CREATE A DIFFERENTIAL RESPONSE SYSTEM. IT WILL EXPAND

CURRENT TRAINING REQUIREMENTS FOR THE POLICE AND THE LOCAL DSS AND

APPROPRIATE RESPONSES TO YOUTH UNDER 12, AND TO DIRECT THEM TOWARDS

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APPROPRIATE SERVICES. THIS BILL EXCLUDES HOMICIDES, WHICH IS SIMILAR TO

LEGISLATION IN OTHER JURISDICTIONS LIKE CALIFORNIA. FOR CONFIDENTIAL

RECORDS, THIS BILL WOULD ENSURE THAT RECORDS ASSOCIATED WITH THE YOUTH

ARE CONFIDENTIAL AND CANNOT BE DISCLOSED. WE ARE AUTHORIZING EXPENSES

RELATED TO ALTERNATIVE RESPONSE TO BE PAID THROUGH EXISTING FUNDING

STREAMS, AND FINALLY, WE HAVE REPORTING REQUIREMENTS FROM OCFS.

I WILL GET INTO THE REST OF MY ARGUMENTS ON DEBATE.

THANK YOU.

ACTING SPEAKER EICHENSTEIN: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER EICHENSTEIN: ON THE BILL.

MS. WALSH: THANK YOU. I -- I THINK (INAUDIBLE)

PROBABLY TO GET THROUGH THE INFORMATION THAT I'D LIKE TO GET TO MY

COLLEAGUES DOESN'T REQUIRE REALLY QUESTION AND ANSWER SO MUCH. I'D LIKE

TO JUST KIND OF REVIEW THE BILL AS I SEE IT AND WHAT'S IN THE BILL AND MY

OWN EXPERIENCE AS A PRACTITIONER IN FAMILY COURT AND WORKING WITH JD

CASES. SO THIS BILL, AS THE SPONSOR INDICATED, WHAT IT DOES IS IT'S

SOMETIMES CALLED "RAISE THE FLOOR." YOU KNOW, WE HAD RAISE THE

AGE, NOW WE'VE GOT RAISE THE FLOOR. SO INSTEAD OF SEVEN BEING THE

LOWEST AGE THAT YOU COULD HAVE A JD, YOU WOULD HAVE -- IT WOULD BE

RAISED UP TO THE AGE OF 12. SO LET'S TAKE A LOOK AT WHAT OTHER STATES DO.

IT WAS MENTIONED IN SOME OF THE MEMOS OF SUPPORT - AND THERE ARE A LOT

OF THEM - TO THIS BILL THAT NEW YORK WAS -- IT KIND OF PAINTED A PICTURE

OF NEW YORK AS BEING AN OUTLIER. THAT NEW YORK HAS THE

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SECOND-LOWEST FLOOR AT SEVEN. I THINK ONLY NORTH CAROLINA HAD ONE THAT

WAS LOWER. BUT WHAT THE -- WHAT THE MEMOS DIDN'T INDICATE BUT WHAT I

LOOKED UP WAS THAT 28 STATES HAVE NO FLOOR AT ALL FOR -- FOR JDS. SO, THIS

LEGISLATION WOULD TAKE NEW YORK FROM HAVING THE SECOND-LOWEST FLOOR

TO JOINING CALIFORNIA AND MASSACHUSETTS AS STATES WITH THE HIGHEST

FLOOR. IT'S -- IT'S INTERESTING THAT IT WOULD BE MAKING SUCH A DRAMATIC

LEAP FROM SEVEN ALL THE WAY UP TO 12, BECAUSE DURING THOSE INTERVENING

YEARS -- AND I -- AND THIS IS SPEAKING FROM MY OWN EXPERIENCE -- SEVEN,

EIGHT, NINE, TEN AND 11 YEAR-OLDS MIGHT BE, YOU KNOW, LIKE LITTLE GUYS.

BUT THOSE LITTLE GUYS AND LITTLE GALS, FIRST OF ALL THEY'RE NOT SO LITTLE

ANYMORE AS THEY GET UP CLOSER TO 12 AND THEY'RE COMMITTING SOME

REALLY SERIOUS CRIMES. A RECENT EXAMPLE JUST FROM MY OWN COUNTY WAS

A NINE-YEAR-OLD WHO BURGLARIZED A HOUSE, STOLE AN ASSAULT RIFLE AND

THREATENED TWO DEPUTIES. SO, YOU KNOW, AGAIN, THIS IS NOT NECESSARILY A

CHILD WITH A SPRAY CAN, YOU KNOW, WHO HAS DEFACED PUBIC PROPERTY OR

SOMETHING. THERE -- THERE ARE SOME SIGNIFICANT CRIMES THAT ARE

COMMITTED, EVEN BY SOME SO YOUNG. AND I KNOW WE'VE GOT -- WE --

WE FIND THAT SHOCKING BECAUSE WE NATURALLY -- I'M A PARENT, MANY OF US

ARE PARENTS -- WE THINK ABOUT OUR OWN CHILDREN AT THOSE AGES AND WE

DON'T THINK ABOUT ACTS THAT ARE THAT TROUBLESOME OR WORRISOME OR

CRIMINAL, BUT THEY DO. THEY DO. SO IT'S INTERESTING THAT SOME OF THE

DATA I LOOKED AT -- OUT OF ARREST DATA IT SAID THAT 1,000 ELEMENTARY

SCHOOL-AGED KIDS AGE 12 AND YOUNGER WERE ARRESTED IN NEW YORK,

APPROXIMATELY, EACH YEAR. ABOUT 100 OF THOSE 1,000 WERE FIRST, SECOND

OR THIRD GRADERS AGES SEVEN TO NINE. BUT WHAT THE DATA DOESN'T INDICATE

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IS HOW MANY WERE PLACED IN HANDCUFFS, HOW MANY WERE PLACED IN

ANKLE BRACELETS, HOW MANY WERE FINGERPRINTED. HOW MANY RODE IN A

POLICE CAR, HOW MANY WERE PLACED IN NON-SECURE DETENTION. HOW

MANY WERE PLACED IN SECURE DETENTION. YOU KNOW, THE DATA GIVES YOU

THOSE RAW NUMBERS BUT IT DOESN'T REALLY TELL YOU ABOUT WHAT THAT

EXPERIENCE REALLY WAS. AND IF YOU SPEAK WITH MEMBERS OF LAW

ENFORCEMENT, AS I HAVE, OR YOU SPEAK WITH INDIVIDUALS WHO WORK IN THE

COURT SYSTEM, THEY WILL TELL YOU THAT THE RESPONSE IS VERY INDIVIDUAL TO

THAT PARTICULAR CHILD. SO, THERE WERE 150 PETITIONS FILED AGAINST

CHILDREN AGES SEVEN TO 11 IN 2018 IN NEW YORK. OF THOSE, THE DATA

SAID THAT 58 PERCENT WERE FOR PROPERTY OFFENSES OR ASSAULT, WHICH ADDS

UP TO 87. BUT IT DOESN'T TELL YOU WHAT THE OTHER 63 WERE FOR. SO THE

IDEA THAT THIS IS JUST -- THIS IS BEING DONE BECAUSE THESE INDIVIDUALS ARE

ONLY COMMITTING EXTREMELY PETTY CRIME IS JUST NOT BORNE OUT BY THE

EVIDENCE. SO I WOULD LIKE MY COLLEAGUES TO CONSIDER THAT.

I'D ALSO LIKE TO POINT OUT THAT PROBATION ALREADY -- AND

SOCIAL SERVICES -- ALREADY PROVIDE A VAST ARRAY OF PREVENTATIVE SERVICES

TO THE CHILDREN THAT ARE FROM THE AGES OF SEVEN TO 12. SO IT'S NOT AS

THOUGH WE'RE JUST TAKING THEM AS THESE LITTLE GUYS AND LITTLE GIRLS AND ARE

TREATING THEM AS ADULTS WITH ALL OF THE TYPES OF THINGS THAT I MENTIONED

BEFORE, WITH HANDCUFFS AND RESTRAINTS AND -- AND FINGERPRINTING AND ALL

THAT STUFF, IT'S NOT NECESSARILY REALLY HAPPENING THAT WAY. HAVE I --

HAVE I SEEN A CHILD IN FAMILY COURT AT A JD WHO WAS IN HANDCUFFS?

YEAH. AND -- YES, I HAVE. AND THE -- THE REASON VERY OFTEN IS NOT SO

MUCH THAT THEY'RE A DANGER TO OTHER COURT PERSONNEL LIKE WITH THE

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PREVIOUS BILL I HAD -- I HAD DEBATED, BUT IT'S REALLY MORE THAT THEY ARE

SOMETIMES INJURIOUS THEMSELVES. SOME OF THEM ARE REALLY STRUGGLING

WITH SOME MENTAL HEALTH ISSUES AND, YOU KNOW, IT'S FELT THAT RESTRAINTS

ARE NECESSARY. BUT THAT'S CERTAINLY NOT THE CASE. I WOULD SAY THAT THAT IS

THE EXCEPTION, AT LEAST WHERE I PRACTICE.

ONE OF MY ISSUES WITH -- WITH THIS BILL IS THAT BY, I

WOULD SAY, ARBITRARILY RAISING THE AGE FROM SEVEN TO 12, IT DOESN'T REALLY

SAY WHY 12 IS THE MAGIC NUMBER OR WHY THAT WAS CHOSEN. BUT, I -- I

MEAN, I HOPE IT'S NOT JUST BECAUSE CALIFORNIA DID IT. YOU KNOW, I -- I

HOPE THAT THERE'S A GOOD RATIONAL BASIS FOR IT. IT'S NOT REALLY INDICATED IN

THE -- IN THE BILL ITSELF, BUT I HOPE THAT THERE IS. BUT MY BIGGEST ISSUE IS

THAT IT TAKES AWAY JUDICIAL DISCRETION. AND -- AND THAT'S A PROBLEM

BECAUSE JUDGES ARE TRAINED TO WORK WITH THE ADVOCATES WHO ARE IN THE

COURTROOM AND WITH PROBATION, AND MANY TIMES WITH THE FAMILIES OF --

OF THESE KIDS AND TRYING TO FIGURE OUT WHERE THE ROOT CAUSE IS, WHY DID

THIS HAPPEN. WHAT CAN WE DO, WHAT CAN WE PUT INTO PLACE THAT WILL BE

A POSITIVE INTERVENTION THAT WILL TRY TO SET THIS YOUNG PERSON, THIS VERY

YOUNG PERSON, ON A BETTER PATH.

SO, I THINK THAT IT'S IMPORTANT FOR MY COLLEAGUES TO

KNOW THAT -- THAT JDS DON'T GO ADULT JAILS, THAT THEY ARE PLACED, IF THEY

ARE PLACED -- MANY, MANY STAY AT HOME. BUT DEPENDING UPON THE

SEVERITY OF THE CRIME, SOME ARE PLACED IN A SECURE DETENTION FOR THE --

FOR THE MOST SERIOUS OFFENSES OR IF THERE'S A SIGNIFICANT RISK OF FLIGHT.

MOST OF THOSE WHO PLACED AT ALL ARE PLACED IN NON-SECURE DETENTION, AT

LEAST INITIALLY. SO I -- I WANT TO REASSURE MY COLLEAGUES THAT THAT ISN'T

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THE FIRST THING THAT'S DONE, IS A PLACEMENT. BUT THIS BILL WILL RESULT IN --

AND IT'S -- AND IT'S ACTUALLY PUT OUT AS, HEY, THIS IS A COST SAVINGS

MEASURE, BUT IT WILL -- THIS LEGISLATION WILL RESULT IN NO LONGER HOUSING

OFFENDERS AT AGE 12 AND UNDER IN SECURE FACILITIES AT ALL, WHICH -- WHICH

I DON'T AGREE WITH. I THINK THAT IT'S AN OPTION THAT, YOU KNOW, THE COURT

SYSTEM HOPEFULLY GOES TO VERY RARELY BECAUSE I DON'T -- I DON'T -- I DON'T

WANT TO THINK THAT THAT'S SOMETHING THAT IS DONE, YOU KNOW, AS -- AS A

FIRST RESORT. I THINK IT'S MORE OF A LAST RESORT. BUT THIS BILL WOULD TAKE

THAT OPTION FOR JUDGES LOOKING AT THESE INDIVIDUAL CASES AND THESE

INDIVIDUAL ACCUSED. YOU KNOW, JUST TAKE IT AWAY FROM THEM ENTIRELY.

I ALSO NOTE THAT WHILE THE SPONSOR INDICATED THAT A

DESIGNATED FELONY ACT -- OH, THAT IF THERE WERE CERTAIN ACTS COMMITTED

THAT CONSTITUTE HOMICIDE THAT YOU -- THAT YOU WOULDN'T BENEFIT FROM THIS

BILL, THAT -- SO IN OTHER WORDS, IT CARVES OUT EXCEPTIONS FOR A CHILD

BETWEEN THE AGES OF 7 AND 12 TO STILL BE CONSIDERED A JD FOR CERTAIN

ACTS THAT -- THAT CONSTITUTE HOMICIDE. AND -- AND THAT'S -- THAT'S GOOD.

THANK YOU, THAT'S GOOD. AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE,

VEHICULAR MANSLAUGHTER IN THE FIRST AND SECOND DEGREES, AGGRAVATED

VEHICULAR HOMICIDE, ALL THE HOMICIDES. BUT IT DOESN'T SPEAK -- IT'S

COMPLETELY SILENT AS FAR AS ATTEMPTED MURDER. SO IF THERE'S AN ATTEMPT

-- ATTEMPTED MURDER, THAT WOULD -- AND THAT WOULD STILL -- THAT WOULD

FALL OUTSIDE OF THIS LEGISLATION AND WOULD NOT BE AN EXCEPTION. SO A

SEVEN TO 12-YEAR-OLD, SAY AN 8-YEAR-OLD WHO ATTEMPTS TO KILL SOMEBODY

WOULD NOT BE TREATED AS OR BE SUBJECTED TO BEING PERCEIVED AS A JD. SO

I DON'T KNOW. YOU KNOW, I THINK -- I THINK I UNDERSTAND FROM -- AND I

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DID, I READ EVERY SINGLE ONE OF THE MEMOS OF SUPPORT. THEY KIND OF ALL

READ THE SAME. THEY KIND OF ALL MADE THE SAME -- ALMOST VERBATIM

KIND OF SAID THE SAME THINGS. BUT I -- BUT I READ ALL OF THEM. BUT I

THINK THAT I UNDERSTAND THE RATIONALE FOR TRYING TO RAISE THE AGE -- OR

RAISE THE FLOOR, RATHER. BUT I THINK THAT WHEN YOU CONSIDER THAT 28 --

28 STATES HAD NO FLOOR AT ALL, YOU KNOW, RAISING IT UP TO 12 I THINK IS

REALLY MISSING AN OPPORTUNITY FOR THE COURT TO BE ABLE TO, YOU KNOW,

HAVE AN IMPACT AND HOPEFULLY HAVE THIS CHILD MEET UP WITH SERVICES

THAT ARE GOING TO MOVE THE CHILD IN A MORE POSITIVE, YOU KNOW,

DIRECTION. AND I THINK, YOU KNOW, NOT HAVING THAT SECURED OPTION OF A

SECURE PLACEMENT JUST -- MAYBE IT'S ONLY A HANDFUL OF THOSE 150

PETITIONS EACH YEAR. BUT JUST TAKING THAT AWAY ENTIRELY I -- I DON'T THINK

IS A GOOD IDEA.

SO I BELIEVE THAT THIS IS -- WHILE I UNDERSTAND THE

REASON FOR IT, I DON'T THINK IT'S A GOOD IDEA. I -- I THINK THAT THE -- I -- I

WILL SAY THIS: I THINK THAT ADDITIONAL TRAINING FOR LAW ENFORCEMENT,

WHICH IS PART OF THE BILL, IS GREAT. I SUPPORT THAT. I THINK TRAINING ABOUT

WHAT AN APPROPRIATE RESPONSE SHOULD BE, I'M SURE IT'S ALREADY -- THAT

TRAINING IS ALREADY HAPPENING. BUT I THINK IF WE WANT TO FORMALIZE THAT

WITH A BILL I'M OKAY WITH THAT. I THINK THAT'S A GOOD IDEA. BUT I THINK

THAT RAISING THE FLOOR OF THIS FROM -- IS NOT -- NOT A GOOD IDEA. I WOULD

PREFER TO KEEP THINGS THE WAY THAT THEY ARE. I THINK THAT CHILDREN WITHIN

THIS AGE GROUP ARE ALREADY RECEIVING A -- A VERY THOROUGH AND

APPROPRIATE SET OF SERVICES THROUGH PROBATION AND SOCIAL SERVICES AND I

DON'T THINK THAT THERE'S A NEED TO CREATE THIS SEPARATE DIVERSION

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MECHANISM.

SO FOR ALL OF THOSE REASONS, MR. SPEAKER, I'LL BE VOTING

IN THE NEGATIVE AND I WOULD ENCOURAGE MY COLLEAGUES TO DO THE SAME.

THANK YOU.

ACTING SPEAKER EICHENSTEIN: THANK YOU.

MR. HEVESI.

MR. HEVESI: THANK YOU, MR. SPEAKER. AND I

THANK MY COLLEAGUE WHO I HAVE GREAT RESPECT FOR AND APPRECIATE HER

TIME IN THE -- IN THE FAMILY COURT SYSTEM. SO FIRST, LEGALLY, WE CANNOT

PUT THESE KIDS IN FRONT OF COURT BECAUSE THEY LACK THE CAPACITY AND THE

COMPETENCY TO STAND TRIAL. CHILDREN CANNOT MEANINGFULLY PARTICIPATE IN

THEIR OWN DEFENSE AND THE JUDICIAL PROCESS. THEY ARE UNABLE TO

UNDERSTAND THE LEGAL IMPLICATIONS OF THEIR ACTIONS AND THEY DON'T HAVE

THE COGNITIVE ABILITY TO UNDERSTAND THE COURT PROCESS. YOUNG CHILDREN

ARE MORE VULNERABLE TO INFLUENCE AND HAVE A DIMINISHED CAPACITY TO

UNDERSTAND COURT PROCEEDINGS. SO CHILDREN ARE UNABLE TO DISTINGUISH

THE NATURE OF WHAT THEY'VE DONE AND THE WRONGFULNESS AND TO KNOW

RIGHT FROM WRONG, AND THEY LACK THE SUPREME COURT CONSTITUTIONAL

RIGHT THAT YOU HAVE TO BE COMPETENT TO STAND TRIAL, WHICH IS WHETHER THE

INDIVIDUAL HAS SUFFICIENT, PRESENT ABILITY TO CONSULT WITH A LAWYER WITH A

REASONABLE DEGREE OF RATIONAL UNDERSTANDING OF WHETHER THE PERSON --

THE INDIVIDUAL HAS A RATIONAL AND FACTUAL UNDERSTANDING OF THE

PROCEEDINGS AGAINST THEM. THESE KIDS HAVE NEITHER. WE'RE PUTTING

PEOPLE WHO DON'T UNDERSTAND THE COURT SYSTEM INTO THE COURT SYSTEM.

FISCALLY, TREATING KIDS UNDER YOUTH -- UNDER 12 IN THE

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JUVENILE JUSTICE SYSTEM IS INCREDIBLY MORE EXPENSIVE THAN EARLY

INTERVENTION PROGRAMS. SIXTY-ONE PERCENT OF THESE CASES FOR KIDS UNDER

12 ARE DISMISSED OR WITHDRAWN WITH NO FINDINGS. AND HERE'S THE

BIGGEST PIECE: THE CURRENT PROCESS OF DEALING WITH THESE KIDS THE WAY

WE HAVE BEEN INCREASES THE LIKELIHOOD OF CRIMINAL CONVICTIONS AND

INCARCERATION. LET ME SAY THAT AGAIN. TREATING KIDS THESE WAY -- THIS

WAY INCREASES THE CHANCE THAT THEY BECOME RECIDIVIST CRIMINALS.

WE ALSO HAVE ON OUR HANDS A RACIAL JUSTICE OUTRAGE.

LET ME TAKE YOU THROUGH THAT. THE POPULATION OF KIDS WHO WE ARE

ARRESTING ARE ALL BLACK AND BROWN KIDS, ALL BLACK AND LATINX KIDS. NOT

ALL, BUT LET ME GIVE YOU THE NUMBERS. IN NEW YORK CITY IN 2019, 86

PERCENT OF THE DELINQUENCY PETITIONS WERE FOR BLACK OR LATINX KIDS,

WHILE BLACK PEOPLE CONSTITUTE 22 PERCENT OF THE POPULATION AND LATINX

KIDS CONSTITUTE 36. FOR THE REST OF THE STATE, 31 PERCENT OF PETITIONS FOR

CHILDREN SEVEN TO 11 WERE BLACK YOUTH WHO REPRESENT 50 PERCENT OF THE

KIDS IN NEW YORK STATE. AND WE GOT TO ASK OURSELVES WHY IS THERE AN

OVER REPRESENTATIVE OF BLACK AND BROWN YOUTH BEING PUT BEING INTO THE

JUVENILE JUSTICE SYSTEM? WELL, THE ANSWER IS EITHER, ONE, STRAIGHT UP

RACISM, OR THERE IS ANOTHER -- ANOTHER THEORY THAT COMES OUT OF DUKE

AND GEORGETOWN CALLED ADULTIFICATION WHERE PEOPLE LOOK AT BLACK AND

BROWN YOUTH AND SEE THEM AS OLDER THAN THEIR CHRONOLOGICAL AGE AND

TREAT THEM ACCORDING. SO I BELIEVE THAT IT'S THIS ADULTIFICATION THAT IS

CAUSING THE MAJORITY OF THESE KIDS TO BE PUT INTO THE CRIMINAL JUSTICE

SYSTEM TO BE BLACK AND BROWN. I ALSO BELIEVE THAT THE SAME

DEVELOPMENTAL BEHAVIOR THAT IS LANDING SOME OF THESE KIDS IN THE

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JUVENILE JUSTICE SYSTEM, IF IT WAS COMMITTED BY MY DAUGHTER, I THINK

SHE WOULD NOT WIND UP IN THE JUVENILE JUSTICE SYSTEM.

LET ME SWITCH TO THE FINAL ARGUMENT, AND I KNOW MY

COLLEAGUES, MANY OF THEM ARE WORRIED ABOUT HOW WE'RE DEALING WITH

FAMILY COURT. I'M GIVING YOU THE ABBREVIATED VERSION. I'D LIKE TO READ

YOU A STATEMENT FROM A RETIRED FAMILY COURT JUDGE WHO SERVED IN

BRONX COUNTY FOR THE LAST 20 YEARS AND RETIRED IN 2019. HIS NAME IS

SIDNEY GRIBETZ. MR. GRIBETZ, FORMER JUDGE, SAYS, "I SERVED AS A NEW

YORK STATE FAMILY COURT JUDGE FOR 20 YEARS FROM 1999 TO 2019 SITTING

IN BRONX COUNTY. DURING MY TENURE, I OFTEN SERVED IN SPECIALIZED

JUVENILE DELINQUENCY PARTS. I HAVE PERSONALLY OBSERVED THE DEMEANOR

OF CHILDREN THAT YOUNG BEING HAULED INTO MY COURTROOM AND THE

TRAUMATIC IMPACT OF SUCH TREATMENT. RATHER THAN CRIMINALIZE

ELEMENTARY SCHOOL CHILDREN, WE MUST INSTEAD ALLOW OTHER MORE

APPROPRIATE SYSTEMS OUTSIDE THE CRIMINAL JUSTICE SYSTEM TO ADDRESS THEIR

BEHAVIORAL NEEDS." AND HE FINISHES UP WITH THIS: "THE TRAUMATIC

IMPACT OF CRIMINALIZING YOUNG CHILDREN SEARS THEIR DEVELOPMENT AND,

THUS, IMPOSES A LASTING AND NEGATIVE IMPACT. GOING TO JUVENILE

DETENTION ALSO INCREASES THE RISK FOR POOR LIFE OUTCOMES IN TERMS OF

EDUCATIONAL ATTAINMENT, RELATIONSHIPS, AND GAINFUL EMPLOYMENT.

YOUNGER CHILDREN ARE THE GREATEST -- ARE AT THE GREATEST RISK OF BEING

VICTIMS WHILE IN CUSTODY. CHILDREN IN SECURE CONFINEMENT ARE ALSO AT

RISK OF EXPERIENCING PSYCHOLOGICAL DISTRESS, PHYSICAL, AND SEXUAL ABUSE.

THESE KIDS ARE UNTREATED BY THE SOCIAL SERVICE SYSTEM ON THE ONE HAND,

OR HARSHLY TREATED BY THE CRIMINAL JUSTICE SYSTEM ON THE OTHER. THESE

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YOUTHS WILL COMMIT FURTHER CRIMINAL ACTS AS THEY GO OVER. THE CURRENT

SITUATION NEITHER REDUCES FUTURE CRIME NOR PUBLIC SAFETY." I AGREE WITH

THAT JUDGE.

SCIENTIFICALLY -- AND LET ME FINISH WITH THIS, I DON'T

WANT TO BELABOR IT, I KNOW IT'S BEEN A LONG DAY. MY FRIENDS, WE ARE

ALTERING THE DEVELOPMENT OF KIDS WHO HAVE BEEN TRAUMATIZED BY

RE-TRAUMATIZING AND INCREASING THE LIKELIHOOD THAT THEY'RE GOING TO GO

ON TO EITHER BE RECIDIVIST CRIMINALS, OR, BECAUSE WE'RE NOT ADDRESSING

THEIR NEEDS BY GETTING TO THE SOCIAL SERVICES, WHICH THIS BILL WILL DO,

WHAT YOU'RE ACTUALLY DOING IS MAKING SURE THAT THESE KIDS ARE

EXPONENTIALLY MORE LIKELY TO WIND UP ON PUBLIC ASSISTANCE OR HOMELESS,

OR ALL OF THE OTHER SOCIETAL ILLS THAT WE DON'T WANT THESE KIDS TO WIND UP

IN. FROM A FINANCIAL PERSPECTIVE, FROM A LEGAL PERSPECTIVE, FROM A

SCIENTIFIC PERSPECTIVE AND FROM A RACIAL JUSTICE PERSPECTIVE, THIS HAS TO

END AND THIS BILL WILL DO THAT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER EICHENSTEIN: THANK YOU.

MS. --

(PAUSE)

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 365 DAYS.

ACTING SPEAKER EICHENSTEIN: THE CLERK

WILL RECORD THE VOTE ON SENATE PRINT 4051-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.

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MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO

SUPPORT IT SHOULD CALL THE MINORITY LEADER'S OFFICE AND WE'LL RECORD

YOUR VOTE ACCORDINGLY. THANK YOU, SIR.

ACTING SPEAKER EICHENSTEIN: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL BE SUPPORTING THIS PIECE OF

LEGISLATION; HOWEVER, THERE MAY BE A FEW OF OUR COLLEAGUES THAT WOULD

LIKE TO BE AN EXCEPTION. THEY SHOULD CONTACT THE MAJORITY LEADER'S

OFFICE AND WE WILL PROPERLY RECORD THEIR VOTE.

ACTING SPEAKER EICHENSTEIN: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MR. MEEKS TO EXPLAIN HIS VOTE.

MR. MEEKS: THANK YOU, MR. SPEAKER. IMAGINE

BEING SEVEN YEARS OLD, SPENDING YOUR DAYS IN A CELL FEELING DISCARDED

BY SOCIETY. EACH TIME WE NAME A CHILD A JUVENILE DELINQUENT AND PLACE

THEM IN THE SYSTEM, WE SEND THEM A MESSAGE THAT WE HAVE ALREADY

GIVEN UP ON THEM BEFORE THEIR LIVES HAVE EVEN BEGUN. I THINK ABOUT THE

NUMEROUS TIMES THE WORD RECIDIVISM HAS BEEN SPOKEN ON THIS FLOOR. I

THINK ABOUT THE CONVERSATION AROUND HOW IT IS CAUSED BY SOCIETY'S

FAILURES TO TAKE A RESTORATIVE PATH AND CONNECT FORMERLY INCARCERATED

INDIVIDUALS WITH THE RESOURCES CONDUCIVE TO A REAL SECOND CHANCE.

WELL, WHAT ABOUT JUVENILE RECIDIVISM? DO WE THINK

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ABOUT THE CHILDREN THAT ARE ESSENTIALLY RAISED BY THE CARCERAL SYSTEM?

DO WE REALIZE THAT MANY CHILDREN PLACED IN JUVENILE CENTERS -- CENTERS

ARE ALSO PART OF CHILD -- OF THE CHILD WELFARE SYSTEM? IN ROCHESTER, OUR

CHILD POVERTY RATE SITS AT 48 PERCENT; YET, WE ARE SO QUICK TO JAIL SEVEN

AND EIGHT YEAR OLDS BEFORE PROVIDING PATHWAYS THAT ENSURE CHILDREN AND

FAMILIES IN CRISIS HAVE THEIR BASIC NEEDS MET. INCARCERATION REFORM

CANNOT EXCLUDE OUR YOUTH. THEY ARE OUR FUTURE. THE SUPPORT WE

PROVIDE NOW WILL INFORM HOW THEY SUPPORT AND UPLIFT THE GENERATIONS

TO COME. I SUPPORT THIS LEGISLATION BROUGHT TO THE FLOOR BY MY ESTEEMED

COLLEAGUE, ASSEMBLYMEMBER HEVESI, AND I PROUDLY VOTE IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER EICHENSTEIN: THANK YOU.

MR. MEEKS IN THE AFFIRMATIVE.

MR. REILLY TO EXPLAIN HIS VOTE.

MR. REILLY: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO EXPLAIN MY VOTE. YOU KNOW, I LISTENED TO THE DEBATE INTENTLY. I

APPRECIATE THE SPONSOR'S INTENT. I THINK THE ISSUE BECOMES WE HAVE A

ONE-SIZE-FITS-ALL APPROACH TO THIS REFORM. YOU KNOW, SOMETIMES THERE

ARE ACTS COMMITTED BY 10, 11 AND 12 YEAR OLDS WHERE THEY HAVE TO BE

TREATED AS ADULTS. WE MENTIONED IT DURING THE DEBATE, THE ATTEMPTS OF

THOSE CERTAIN CRIMES THAT ARE ENUMERATED IN THE BILL. THEY ARE NOT

INCLUDED. YOU KNOW, AS SOMEONE WHO HAS MADE ARRESTS OF JUVENILES

FOR ROBBERIES, BURGLARIES, I WILL -- I WILL TELL YOU THAT WHEN A POLICE

OFFICER MAKES AN ARREST, THOSE YOUNGER INDIVIDUALS ARE NOT PLACED IN A

CELL. THEY'RE ACTUALLY PLACED IN A DESIGNATED HOLDING ROOM WITH AN

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OFFICER, THE LEAST RESTRICTIVE MANNER IN A JUVENILE DETENTION AREA. IT'S

CALLED THE JUVENILE ROOM IN THE NYPD. THERE'S A CERTAIN ROOM THAT'S

DESIGNATED AND IT CAN'T BE USED FOR ANYTHING ELSE BUT JUVENILES. AND I

TELL YOU, THE OFFICERS MAKE NUMEROUS ATTEMPTS TO MAKE SURE THAT THE

FAMILY IS THERE, TO MAKE SURE THAT THEY'RE NOTIFIED AND IF COURT IS OPEN,

THEY'RE BROUGHT THERE DIRECTLY FOR THOSE SERIOUS CRIMES.

I JUST THINK THAT WE'VE GOT TO STOP MAKING THE

ONE-SIZE-FITS-ALL APPROACH BECAUSE EACH INCIDENT DESERVES ITS OWN

EVALUATION BASED ON THE CIRCUMSTANCES, THE FACTS, AND THE EVIDENCE OF

THE CASE. THEREFORE, I WILL BE VOTING IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER EICHENSTEIN: MR. REILLY IN

THE NEGATIVE.

MS. LUNSFORD TO EXPLAIN HER VOTE.

MS. LUNSFORD: THANK YOU VERY MUCH. I JUST

WANT TO TAKE A MOMENT TO DISCUSS WHAT IT MEANS FOR SOMEONE TO BE

CONSIDERED AN ADULT. AND THE REASON WE HAVE THAT DISTINCTION IS

BECAUSE WE ARE SAYING THAT CHILDREN OF A CERTAIN AGE LACK THE CAPACITY

TO UNDERSTAND THE CONSEQUENCES OF THEIR ACTIONS OR THE SEVERITY OF WHAT

THEY'VE DONE. AND I FAIL TO SEE WHY THE SEVERITY OF THE ACTION WOULD

CHANGE HOW WE TREAT THEIR CAPACITY, BECAUSE THAT'S NOT THE QUESTION. IF

SOMEONE COMMITS A CRIME THAT IS MORE SERIOUS THAN ANOTHER PERSON,

WHY DID THAT MAKE YOU BELIEVE THAT ONE HAD BETTER CAPACITY TO

UNDERSTAND THEIR ACTIONS THAN THE OTHER, PARTICULARLY WHEN WE'RE

CONTEMPLATING CHILDREN WHO HAVE BEEN TRAUMATIZED. CHILDREN WHO

LACK THE CAPACITY, WHO HAVE IMPULSE CONTROL PROBLEMS, WHO HAVE

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EMOTIONAL REGULATION PROBLEMS. SO I THINK THAT'S THE WRONG METRIC BY

WHICH TO DETERMINE WHETHER THIS IS AN APPROPRIATE ACTION. SO I WANT TO

COMMEND THE SPONSOR AND I WILL BE VOTING IN THE AFFIRMATIVE. THANK

YOU.

ACTING SPEAKER EICHENSTEIN: MS. WALSH TO

EXPLAIN HER VOTE.

MS. WALSH: THANK YOU VERY MUCH, MR. SPEAKER. I

JUST WANT TO RESPOND TO SOME OF THE COMMENTS THAT HAVE BEEN MADE BY

OTHERS. I -- I THINK IT'S REALLY IMPORTANT TO RECOGNIZE THAT UNDER OUR

CURRENT LAW AND THE WAY THAT WE DO THINGS CURRENTLY, WE ARE NOT

TREATING 7 TO 12 YEAR OLDS AS ADULTS, WE'RE TREATING THEM AS CHILDREN IN

FAMILY COURT. AND -- AND THEY'RE RECEIVING AN INDIVIDUAL EVALUATION

AND RESPONSE BASED ON NOT ONLY WHAT THEY HAVE DONE -- WHEN

PROBATION INTAKES A CHILD THAT HAS -- THAT HAS COMMITTED AN OFFENSE,

THEY'RE -- THEY'RE DOING A THOROUGH WORKUP OF THE HOME ENVIRONMENT,

HOW ARE THEY DOING IN SCHOOL, WHO ARE THE RESOURCES AT HOME WITH

PARENTS, GRANDPARENTS, WHO'S AROUND, HOW CAN WE -- YOU KNOW, HAVE

THERE BEEN PRIOR OFFENSES, IS THIS A PATTERN, WHAT -- YOU KNOW, WHAT IS

THE -- WHAT IS THE -- THE YOUTH SAYING ABOUT WHAT THEY HAVE DONE? DO

THEY -- DO THEY EXHIBIT A SENSE OF REMORSE OR -- OR CAPACITY AND

UNDERSTANDING FOR WHAT THEY HAVE DONE? THEY'RE TAKING ALL OF THAT INTO

CONSIDERATION. THEY GENERATE A HUGE REPORT AND THEY GIVE IT TO THE

JUDGE AND THE JUDGE, IN HIS OR HER DISCRETION, MAKES AN APPROPRIATE

DETERMINATION ON A CASE-BY-CASE BASIS OF WHAT THIS CHILD NEEDS IN ORDER

TO REVERSE, YOU KNOW, WE CAN'T TAKE BACK NECESSARILY WHAT HAS

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HAPPENED, BUT TO GET THAT CHILD ON A BETTER PATH.

SO I THINK THAT'S REALLY IMPORTANT. I DON'T THINK THE

CAPACITY ALSO -- I REJECT THE CAPACITY ARGUMENT BECAUSE WHAT THAT --

WHAT DOES THAT MEAN, THEN, AT 13 ALL OF A SUDDEN MAGICALLY YOU HAVE

CAPACITY? I MEAN, WE KNOW THAT IT'S A CONTINUUM. WE KNOW THAT THERE

ARE SOME WHO WILL NEVER EXHIBIT ANY REMORSE FOR THEIR ACTIONS AND

THEY'RE -- YOU KNOW, THEY'RE -- THEY'RE GOING TO BE RECIDIVISTS, WE'RE

GOING TO KEEP SEEING THEM. BUT I JUST THINK THAT -- I THINK THAT THE WAY

THAT THE CURRENT LAW IS TREATING THE YOUTH IN FAMILY COURT IS APPROPRIATE.

I WOULD NOT CHANGE IT IN THIS WAY. WITH ALL DUE RESPECT TO THE SPONSOR,

I REMAIN IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MR. ASHBY AND MR. GIGLIO IN THE AFFIRMATIVE. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. PLEASE RECORD OUR COLLEAGUES MR. SAYEGH AND MR.

SANTABARBARA IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: SO NOTED. THANK YOU

BOTH.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

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NYS ASSEMBLY JUNE 10, 2021

PAGE 18, RULES REPORT NO. 560, THE CLERK WILL READ.

THE CLERK: SENATE NO. S04402-B, RULES REPORT

NO. 560, SENATOR HOYLMAN (O'DONNELL, BRONSON, GLICK,

GONZ�LEZ-ROJAS, TAYLOR, SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE,

GOTTFRIED, LUPARDO, FERNANDEZ, DINOWITZ, HYNDMAN, BURDICK,

GALLAGHER, OTIS, HEVESI, REYES, JACKSON, DAVILA, LUNSFORD, FORREST,

CRUZ, DE LA ROSA, PERRY, THIELE, SILLITTI, DICKENS, ZINERMAN,

ENGLEBRIGHT, STECK, MAMDANI, FAHY, KELLES, MCDONALD,

WOERNER--A05465-D). AN ACT TO AMEND THE CIVIL RIGHTS LAW, THE

VEHICLE AND TRAFFIC LAW AND THE PUBLIC HEALTH LAW, IN RELATION TO

ENACTING THE "GENDER RECOGNITION ACT"; AND TO REPEAL SUBDIVISION 1 OF

SECTION 502 OF THE VEHICLE AND TRAFFIC LAW RELATING TO DRIVER'S

LICENSES.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS BILL DOES TWO THINGS. FIRST, IT

ALLOWS INDIVIDUALS TO DESIGNATE HOW THEY WANT THEIR SEX SHOWN ON THEIR

LICENSE. THEY CAN USE AN M FOR MALE, F FOR FEMALE, OR X. TO BE

HONEST, I -- I DON'T REALLY CARE AND I DON'T THINK MOST OF US CARE WHETHER

THERE'S A MICROSCOPIC F, M OR F -- X ON SOMEONE'S LICENSE. WE NO

LONGER DO STRIP SEARCHES ON TRAFFIC STOPS AND IT WOULD BE INAPPROPRIATE

AND -- AND WHO CARES.

THE SECOND PART OF THIS BILL, HOWEVER, ALLOWS ANYONE

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AT ANY TIME TO CHANGE THEIR NAME WITHOUT NOTICE OR PUBLICATION TO

ANYONE EXCEPT A SPOUSE WHO'S RELYING ON SPOUSAL SUPPORT AND THE

DIVISION OF CRIMINAL JUSTICE SERVICE IF THEY'VE BEEN CONVICTED OF A SEX

CRIME. UNDER CURRENT LAW, IF YOU WANT TO CHANGE YOUR NAME YOU CAN

DO SO, YOU DON'T HAVE TO PRESENT ANY REASON. YOU CAN DO IT ANY TIME,

ANY REASON. BUT UNDER CURRENT LAW, YOU'RE REQUIRED TO GIVE NOTICE TO

CERTAIN PEOPLE AND PUBLISH YOUR NAME CHANGE IN THE LOCAL NEWSPAPERS.

AND THE REASON WHY THE CURRENT LAW REQUIRES PUBLICATION OF THE NAME

CHANGE IS TO GIVE NOTICE TO PEOPLE WHO WANT TO KNOW WHO YOU ARE OR

WHERE YOU ARE. SO IT GIVES NOTICE TO YOUR LANDLORD THAT YOU NOW ARE IN

A DIFFERENT NAME, IT GIVES NOTICE TO SOMEONE WHO YOU OWE MONEY TO

THAT YOU NOW HAVE A NEW NAME. AND IN ADDITION, UNDER CURRENT LAW,

THE COURT CAN DIRECT VARIOUS OTHER ENTITIES TO RECEIVE NOTICE SO THAT THEY

CAN PROPERLY KEEP TRACK OF YOU AND THAT YOU CANNOT USE A NAME CHANGE

TO DEFRAUD ANYBODY OR ESCAPE PEOPLE WHO ARE TRYING TO FIND YOU FOR

LEGITIMATE REASONS. AND UNDER CURRENT LAW, YOU CAN ALSO GET AN

EXCEPTION.

BUT WHAT THIS LAW SAYS, AND IT SAYS IT VERY EXPLICITLY, IT

SAYS UNDER NO CIRCUMSTANCES SHALL THE COURT REQUIRE NOTICE TO CERTAIN

ENTITIES OR PUBLICATION. AND THEY EXPRESSLY PROHIBIT ANY NOTICE TO THE

TO UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT, OR CUSTOM AND

BORDER PROTECTION, OR A U.S. CITIZEN AND IMMIGRATION SERVICES, OR ANY

AGENCIES HAVING SIMILAR RESPONSIBILITIES. SO YOU CAN WALK IN, YOUR

NAME IS HYPOTHETICALLY ANDY GOODELL AND YOU WANT TO CHANGE YOUR

NAME TO SOMETHING COMPLETELY DIFFERENT, YOU CAN DO IT UNDER THIS

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LEGISLATION WITHOUT NOTICE, WITHOUT PUBLICATION, WITHOUT AN OPPORTUNITY

FOR PEOPLE -- FOR PEOPLE TO KNOW THAT YOU CHANGED IT, AND ESPECIALLY

WITHOUT NOTICE TO THE IMMIGRATION SERVICE OR BORDER AND CUSTOMS OR

ANY OF THOSE AGENCIES.

NOW, THE OBVIOUS PURPOSE IS CLEAR. THIS IS DESIGNED

TO ALLOW PEOPLE TO CHANGE THEIR NAME TO MAKE IT MORE DIFFICULT OR

IMPOSSIBLE FOR IMMIGRATION SERVICE TO KEEP TRACK OF THEM. THEY MAY

COME IN LEGALLY WITH A H-1 VISA OR A B-1 VISA OR A TEMPORARY VISA.

THIS ALLOWS THEM TO GO AHEAD AND CHANGE THEIR NAME AND NOT NOTIFY

THEM, MAKING IT EXTRAORDINARILY DIFFICULT TO KEEP TRACK OF THEM. AND IT

MAKES IT REALLY EASY IF YOU WANT TO AVOID CREDITORS AND ANYONE ELSE

THAT'S TRYING TO FIND YOU BECAUSE YOU CAN CHANGE YOUR NAME AS OFTEN AS

YOU WANT WITHOUT HAVING ANY PRE-HEARING NOTICE OR ANY OTHER NOTICE.

SO THE NOTICE PROVISIONS WEREN'T DESIGNED TO

EMBARRASS ANYBODY, THEY WERE DESIGNED TO MAKE SURE THAT PEOPLE KNEW

WHO YOU WERE AND WHERE YOU WERE AND THEY COULD KEEP TRACK OF YOU.

THAT'S A PRETTY LEGITIMATE REASON. AND TO SET UP A SYSTEM DESIGNED

SPECIFICALLY TO DEFRAUD IMMIGRATION AND NATURALIZATION SERVICE, OR

MAKE IT HARDER FOR BORDER AND CUSTOM PATROL TO KEEP TRACK OF YOU, OR

TO MAKE IT EXTRAORDINARILY DIFFICULT FOR ANYONE WHO LEGITIMATELY NEEDS

TO KNOW WHO YOU ARE AND WHERE YOU ARE IS A MISTAKE AND AN

INAPPROPRIATE USE OF OUR LEGISLATIVE AUTHORITY AND, THEREFORE, I'LL

RECOMMEND AGAINST IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 10, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 180 DAYS.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4402-B. THIS IS A PARTY VOTE. ANY

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

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

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT FOR THOSE WHO

SUPPORT IT, THEY SHOULD CALL THE MINORITY LEADER'S OFFICE AND WE'LL

MAKE SURE YOUR VOTE IS PROPERLY RECORDED. 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 GENERALLY IN FAVOR OF

THIS PIECE OF LEGISLATION; HOWEVER, SHOULD MEMBERS DESIRE TO BE AN

EXCEPTION, THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE

SO THAT THEIR VOTE MIGHT BE PROPERLY RECORDED. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MR. O'DONNELL ON THE RESOLUTION -- TO EXPLAIN YOUR

VOTE. I'M SORRY.

MR. O'DONNELL: THAT'S QUITE ALL RIGHT, MR. AUBRY.

MOST OF WHAT YOU'VE ALREADY HEARD IS INACCURATE, SO LET ME MAKE IT

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NYS ASSEMBLY JUNE 10, 2021

VERY EXPLICITLY CLEAR: A JUDGE IN THIS CASE IS PERMITTING TO CONDITION

THE NAME CHANGE ON NOTIFICATION TO DEBTORS, FOR EXAMPLE, WITH A WRITTEN

ORDER. AS I'M SURE YOU MAY KNOW, IN COURT SYSTEMS, PROSECUTORIAL

AGENCIES HAVE ACCESS TO ALL THESE RECORDS. ALL OF THEM. SO IF ICE WAS

LOOKING FOR DANNY O'DONNELL, THEY HAVE NO DIFFICULTY GOING TO THE

NEW YORK COUNTY THING AND SEARCHING FOR DANNY O'DONNELL. AND

WHAT THEY'RE ABLE TO SEARCH IS DIFFERENT THAN WHAT AN ORDINARY PERSON

CAN SEARCH.

WHY DO WE CHANGE IT LIKE THAT? WELL, BECAUSE THIS IS

A PARTICULAR COMMUNITY WHICH IS AT RISK, AND THE PREVIOUS LAW USED TO

REQUIRE THEM TO PROVE THEY WERE UNDER THREAT. WE SIMPLY HAVE THEM

PROVE THAT UNDER THE TOTALITY OF CIRCUMSTANCES THEY HAVE REASON TO BE

AFRAID. AND THE PUBLICATION REQUIREMENT IS, I THINK, FAIRLY INTERESTING.

YOU KNOW, WE USED TO HAVE A SYSTEM IN THIS COUNTRY WITH A TOWN CRIER.

THEY WOULD RING A BELL AND MAKE ANNOUNCEMENTS. BUT THEN WE GOT

NEWSPAPERS, AND SO THEY WERE ABLE TO PRINT THINGS IN NEWSPAPERS. AND

SO WHEN WE STARTED THIS SYSTEM, EVERY TOWN HAD THEIR OWN LOCAL

NEWSPAPER. WELL, THAT'S NOT TRUE ANYMORE. IT'S NOT TRUE ANYMORE. AND

YOU'RE NOT GOING TO FIND ANYBODY THROUGH A LOCAL ADVERTISEMENT IN A

NEWSPAPER. THAT'S JUST OUTRIGHT RIDICULOUS IN THIS DAY AND AGE. I'VE

DONE THESE NAME CHANGES WHEN I WAS A PRIVATE ATTORNEY AND WHAT I CAN

TELL YOU IS WHEN I FIRST ARRIVED IN ALBANY, MY FRIEND, DENNY FARRELL,

HAD A BILL TO EXPAND NOTIFICATION REQUIREMENTS THAT I VOTED AGAINST FOR

LLCS. WHY? BECAUSE IT MAKES EVERYTHING VERY EXPENSIVE. DO YOU

KNOW HOW MUCH IT COSTS TO PUBLISH SOMETHING IN A NEW YORK CITY

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NYS ASSEMBLY JUNE 10, 2021

NEWSPAPER? IT COSTS A LOT OF MONEY. THERE ARE NOW NEWSPAPERS --

ACTING SPEAKER AUBRY: MR. O'DONNELL,

YOU'RE GOING TO HAVE TO TELL US HOW YOU'RE GOING TO VOTE AND --

MR. O'DONNELL: I TRIED TO RAISE MY HAND BEFORE

WE WERE DONE.

ACTING SPEAKER AUBRY: WHICH IS --

MR. O'DONNELL: SO I WOULD LIKE TO USE MY TIME

TO FINISH.

ACTING SPEAKER AUBRY: WHICH IS WHY I

OFFERED YOU THE OPPORTUNITY TO SPEAK ON THE BILL, BUT -- DO YOU WANT THE

ROLL CALL WITHDRAWN SO YOU CAN CONTINUE?

MR. O'DONNELL: NO, SIR, I DO NOT.

ACTING SPEAKER AUBRY: MR. BURDICK.

MR. BURDICK: YES, MR. SPEAKER. IF I COULD

RESPECTFULLY ASK THAT THE ROLL CALL BE WITHDRAWN FOR JUST A FEW QUESTIONS

THAT IF IT PLEASE THE SPONSOR, IF HE MIGHT YIELD TO A COUPLE OF QUESTIONS?

MR. O'DONNELL: IF I'M PERMITTED TO DO SO, I SHALL.

MR. BURDICK: MAY I PROCEED, MR. SPEAKER?

ACTING SPEAKER AUBRY: ONE MINUTE, PLEASE.

MR. BURDICK: THANK YOU.

(PAUSE)

ACTING SPEAKER AUBRY: THE ROLL CALL IS

WITHDRAWN.

MR. BURDICK, ON THE BILL.

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

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NYS ASSEMBLY JUNE 10, 2021

APOLOGIZE FOR THIS DISRUPTION. I WOULD ASK THAT THE SPONSOR YIELD VERY

BRIEFLY FOR A FEW QUESTIONS, IF I MAY.

ACTING SPEAKER AUBRY: MR. O'DONNELL, WILL

YOU YIELD?

MR. O'DONNELL: OF COURSE.

MR. BURDICK: I HAVE A FEW QUESTIONS WHICH RELATE

TO A PROVISION IN THIS BILL WHICH THE SPONSOR GRACIOUSLY AGREED TO

INCLUDE AT MY REQUEST, WHICH IS ADAPTED FROM A BILL WHICH I HAD

SPONSORED. THE THRUST OF THE QUESTIONS SIMPLY ARE INTENDED TO ESTABLISH

LEGISLATIVE INTENT WHICH MAY BE IMPLICIT, BUT WHICH I BELIEVE IT IS

APPROPRIATE TO MAKE EXPLICIT, AND THEY RELATE TO SECTION 6 OF THE BILL. IS

THE LEGISLATIVE INTENT OF THIS BILL TO ONLY HELP TRANSGENDER PEOPLE BORN

WITHIN THE STATE OF NEW YORK, OR TO HELP ALL TRANSGENDER PEOPLE WHO

RESIDE IN NEW YORK REGARDLESS OF WHERE THEY WERE BORN?

MR. O'DONNELL: ALL TRANSGENDER PEOPLE

REGARDLESS OF WHERE THEY WERE BORN.

MR. BURDICK: THANK YOU, MR. O'DONNELL. IF A

TRANSGENDER NEW YORKER WANTED TO GET A COURT ORDER REQUIRING A

GOVERNMENTAL AGENCY TO CHANGE THE GENDER DESIGNATION ON THEIR BIRTH

CERTIFICATE, WOULD THIS BILL PERMIT THE COURT TO ISSUE THAT ORDER?

MR. O'DONNELL: INDEED IT WOULD.

MR. BURDICK: IF A TRANSGENDER NEW YORKER WERE

BORN IN A STATE OUTSIDE OF NEW YORK, WOULD A NEW YORK COURT ORDER BE

SUFFICIENT TO GO BACK TO THEIR HOME STATE AND REQUEST A CHANGE TO THEIR

BIRTH CERTIFICATE FROM THEIR HOME STATE?

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NYS ASSEMBLY JUNE 10, 2021

MR. O'DONNELL: THAT IS THE INTENTION.

MR. BURDICK: THANK YOU VERY MUCH. THAT

CONCLUDES MY QUESTIONS.

ACTING SPEAKER AUBRY: THANK YOU.

MR. O'DONNELL, ON THE BILL.

MR. O'DONNELL: HAPPY PRIDE MONTH, EVERYBODY.

I DON'T THINK YOU -- YOU ALL CLEARLY UNDERSTAND WHAT TRANS PEOPLE GO

THROUGH AND WHAT THEIR LIVES ARE LIKE. IT'S NICE TO HEAR THAT YOU DON'T

CARE ABOUT THEIR DRIVER'S LICENSE, BUT WHAT YOU DON'T REALIZE IS THEY'RE

GETTING BEAT UP BECAUSE THEIR DRIVER'S LICENSE DOESN'T MATCH THEIR

PHYSICAL APPEARANCE. THAT HAPPENS ALMOST DAILY IN AMERICA. IT USED

TO HAPPEN WHEN THEY USED THE, QUOTE, "WRONG BATHROOM." HOPEFULLY IN

NEW YORK WE FIXED THAT ALREADY.

IN THE END, THIS BILL'S EXTRAORDINARILY IMPORTANT AND

EXTRAORDINARILY NECESSARY, AND IT DOESN'T DO ANYTHING HARMFUL TO

ANYBODY OTHER THAN THE PEOPLE WHO NEED PROTECTION. AND I WOULD

HUMBLY REQUEST THAT BEFORE THE MONTH IS OUT, YOU ALL GO WATCH THE

SHOW POSE, WHICH TAKES PLACE IN THE '80S AND '90S AND EXPLAINS WHAT

THESE COMMUNITIES WENT THROUGH. THE BRILLIANT MJ RODRIGUEZ AND MY

FRIEND, BILLY PORTER, GO THROUGH THIS THROUGH THE AIDS PANDEMIC AND

LIVING ON THE STREETS AND ON THE PIERS WHERE PEOPLE SPIT AT THEM EVERY

DAY. THAT IS THE HISTORY OF NEW YORK AND AMERICA AROUND THE TRANS

COMMUNITY, AND WE NEED TO DO A HELL OF A LOT MORE TO MAKE SURE THEY'RE

PROTECTED, AND THIS IS A VERY MINOR FIRST STEP. I'D LIKE TO THANK THE

SPEAKER. THANK YOU VERY MUCH.

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NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER AUBRY: THANK YOU.

MS. GONZ�LEZ-ROJAS ON THE BILL.

MS. GONZ�LEZ-ROJAS: ACTUALLY, IT WAS TO

EXPLAIN MY VOTE, BUT I COULD SPEAK NOW. I'LL BE SHORT. THANK YOU, MR.

SPEAKER. I WANT TO THANK THE SPONSOR OF THIS BILL FOR THEIR ONGOING

LEADERSHIP AND WORK TO SUPPORT, REPRESENT, AND DEFEND OUR LGBTQIA

COMMUNITIES. IN PARTICULAR, I BELIEVE THIS LEGISLATION WILL HELP SUPPORT

TRANS AND GENDER NON-CONFORMING AND NON-BINARY NEW YORKERS IN

WAYS THAT THE COMMUNITY HAS SHARED THEMSELVES WOULD LIFT BARRIERS TO

OPPORTUNITIES. THIS BILL HAS LEGAL, FINANCIAL, AND HEALTH BENEFITS. IT WILL

HELP TRANS AND GENDER NON-CONFORMING AND NON-BINARY PEOPLE BETTER

ACCESS EMPLOYMENT, RENT AN APARTMENT, AND EVEN GET ACCESS TO HEALTH

CARE.

ACCORDING TO THE NATIONAL TRANSGENDER STUDY, ONLY

12 PERCENT OF INDIVIDUALS WHO ARE TRANS HAVE BEEN ABLE TO CHANGE AND

UPDATE ALL OF THEIR IDENTIFICATION, WHILE ONLY ABOUT 63 PERCENT HAVE NOT

BEEN ABLE TO CHANGE ANY DOCUMENTATION AT ALL. THIS IS ALSO IMPORTANT

FOR TRANS YOUTH WHO WILL BE ABLE TO, WITH PARENTAL PERMISSION, TO

CHANGE THE GENDER MARKER ON THEIR STATE IDS, AS WELL. AT A TIME WHEN

DOZENS OF STATES ACROSS THE COUNTRY ARE INTRODUCING AND PASSING

LEGISLATION THAT HARMS OUR TRANS AND GENDER NON-CONFORMING,

NON-BINARY AND INTERSEX COMMUNITIES, NEW YORK MUST TAKE ACTION.

I'M SO GRATEFUL TO THE SPONSOR AND TO THE ADVOCATES

WHO HAVE FOUGHT FOR THIS LEGISLATION. AND I JUST SPOKE TO A FEW OF

THEM THIS WEEK, CHARLIE, INWIN, ALEJANDRA, JOHN, AND MANY, MANY

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NYS ASSEMBLY JUNE 10, 2021

LGBTQI ADVOCACY ORGANIZATIONS ACROSS THE STATE. THERE REMAINS A LOT

MORE TO DO, BUT THIS BILL IS ONE MORE WAY THAT HERE IN NEW YORK WE

CAN PROCLAIM AND ENSURE THAT TRANS LIVES MATTER. I PROUDLY, PROUDLY

VOTE IN THE AFFIRMATIVE.

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 SENATE PRINT 4402-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.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS STILL GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO

HAVE BEEN PERSUADED BY THOSE COMMENTS ARE WELCOME TO CALL THE

MINORITY LEADER'S OFFICE AND WE WILL RECORD YOUR VOTE AS AN EXCEPTION.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY PARTY WILL BE IN FAVOR OF THIS PIECE OF LEGISLATION; HOWEVER,

THERE MAY BE A FEW OF US WHO WOULD LIKE TO BE AN EXCEPTION. THEY

SHOULD CONTACT THE MAJORITY LEADER'S OFFICE AND THEIR VOTE WILL BE

PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU VERY

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NYS ASSEMBLY JUNE 10, 2021

MUCH.

(THE CLERK RECORDED THE VOTE.)

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. I JUST WANT TO CONGRATULATE AND THANK THE SPONSOR FOR HIS

UNFAILING DEDICATION TO JUSTICE ON BEHALF OF THE LGBTQ COMMUNITY.

THANK YOU. I PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MR. BURDICK TO EXPLAIN HIS VOTE.

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

THANK THE SPONSOR AND TO THANK THE SPEAKER FOR BRINGING THIS VERY

IMPORTANT LEGISLATION TO THE FLOOR. AND THIS IS REALLY COMMON SENSE.

IT'S SIMPLY TO FACILITATE THE CHANGE OF SEX DESIGNATION OR GENDER --

GENDER DESIGNATION EITHER ON A DRIVER'S LICENSE OR A BIRTH MARKER. AND

AS WAS EXPLAINED IN THE EXCHANGE THAT I HAD WITH THE SPONSOR, THE

BENEFIT OF HAVING A COURT ORDER IS THAT UNDER THE FULL FAITH AND CREDIT

CLAUSE OF THE U.S. CONSTITUTION, COURTS OUTSIDE OF NEW YORK WOULD

HAVE TO RECOGNIZE AND GIVE FULL WEIGHT AND FORCE OF LAW TO THE COURT

ORDER SO THAT YOU WILL FACILITATE TRANSGENDER NEW YORKERS BORN OUT OF

STATE TO CHANGE THEIR BIRTH MARKERS. AGAIN, I'M VERY GRATEFUL TO THE

ADVOCATES AND TO THE SPONSOR AND TO THE SPEAKER, AND I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

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NYS ASSEMBLY JUNE 10, 2021

MR. -- MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MS. MILLER AND MR. RA IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.

MR. GOODELL: ALSO, PLEASE RECORD MR.

MONTESANO AND MR. SMULLEN IN THE AFFIRMATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 19, RULES REPORT NO. 563, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05549, RULES REPORT

NO. 563, RICHARDSON, HYNDMAN, DE LA ROSA, WALKER, DAVILA,

FERNANDEZ, CRUZ, DICKENS, JACKSON, ZINERMAN. AN ACT TO AMEND THE

CORRECTION LAW AND THE EXECUTIVE LAW, IN RELATION TO CERTIFICATES UPON

DISCHARGE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

RICHARDSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MR. -- MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS LAW WOULD AMEND THE

CORRECTION LAW TO AUTHORIZE THE PROVISION OF A CERTIFICATE OF RELIEF

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NYS ASSEMBLY JUNE 10, 2021

FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT IMMEDIATELY UPON A

PERSON BEING GRANTED MERIT TERMINATION OF A SENTENCE. SO FOR THOSE

WHO AREN'T FAMILIAR WITH THAT AND WHERE WE ARE UNDER CURRENT LAW,

UNDER CURRENT LAW A -- SOMEONE WHO IS OUT ON PRESUMPTIVE RELEASE OR

PAROLE OR A CONDITIONAL RELEASE OR RELEASE WITH POST-RELEASE SUPERVISION,

SO THEY'RE OUT ON PAROLE OR THEY'RE OUT OF PRISON, AND IF THEY DON'T HAVE

ANY ISSUES OR ANY PROBLEMS THEY CAN GET WHAT'S CALLED A MERIT

TERMINATION OF SENTENCE, AND IT ADDS ANY ADDITIONAL PAROLE OR -- OR

POST-RELEASE SUPERVISION OR A CONDITIONAL RELEASE. AND SO IT'S -- IT'S LIKE

A GOOD CONDUCT TERMINATION OF ANY ADDITIONAL SENTENCE. IT'S CALLED A

MERIT TERMINATION OF SENTENCE AND IT CAN BE ISSUED AFTER TWO YEARS IF

YOU'VE BEEN OUT ON PAROLE FOR A CLASS A FELONY, WHICH IS ONE OF THE

MOST SERIOUS FELONIES, OR AFTER ONE YEAR FOR ANY OTHER OFFENSE.

A CERTIFICATE OF RELIEF FROM DISABILITIES, AN INDIVIDUAL

CAN APPLY FOR AFTER THEY'VE BEEN OUT OF JAIL AND AFTER THE END OF THEIR

SENTENCE FOR A PERIOD OF THREE YEARS AND THEY CAN ESTABLISH THAT FOR THE

THREE YEARS SINCE THEIR -- THEIR SENTENCE WAS TERMINATED, THEY'VE HAD NO

ISSUES AND THEY LIVED A LAW-ABIDING LIFE. A CERTIFICATE OF RELIEF FROM

DISABILITIES REQUIRES A MINIMUM PERIOD OF GOOD CONDUCT -- OH, I

APOLOGIZE. A CERTIFICATE OF GOOD CONDUCT REQUIRES A MINIMUM PERIOD

OF GOOD CONDUCT IN GENERAL FOR FIVE YEARS AFTER THE COMPLETION OF YOUR

SENTENCE. AND THE WHOLE PURPOSE OF THESE TWO CERTIFICATES IS TO GIVE

NOTICE TO THE WORLD AND, IN PARTICULAR, EMPLOYERS THAT AFTER YOU GOT OUT

OF PRISON, YOU'VE LIVED A LAW-ABIDING LIFE FOR THREE TO FIVE YEARS.

THIS LEGISLATION WOULD TAKE THAT THREE TO FIVE YEARS

260

NYS ASSEMBLY JUNE 10, 2021

AND REDUCE IT TO ONE TO TWO. WELL, ACTUALLY, IT WOULD REDUCE IT BY THREE

TO FIVE YEARS BECAUSE IT WOULD PROVIDE THAT THOSE CERTIFICATES COULD BE

RELEASED -- ISSUED IMMEDIATELY UPON THE COMPLETION OF YOUR SENTENCE,

OR YOUR PROBATION, WITHOUT ANY INTERVENING TIME TO ESTABLISH THAT YOU

ARE LIVING A LAW-ABIDING LIFE. AND THE PROBLEM WHEN YOU ELIMINATE

THAT TIME PERIOD IS THAT YOU UNDERCUT THE MEANING OF THOSE TWO

DOCUMENTS. SO RIGHT NOW, AN EMPLOYER WHO HAS AN APPLICANT WHO HAS

A CERTIFICATE OF GOOD CONDUCT, HE KNOWS, HEY, THIS IS A GUY THAT'S GOT HIS

LIFE STRAIGHTENED OUT AND HAS BEEN LIVING A LAW-ABIDING LIFE FOR FIVE

YEARS, OR A CERTIFICATE OF RELIEF FROM DISABILITY FOR THREE YEARS AFTER

EVERYTHING ELSE. AND WE HAVE COMPLETELY ELIMINATED THAT THREE TO FIVE

YEAR PERIOD, THAT'S THE NET EFFECT OF THIS BILL AND, UNFORTUNATELY, IT'LL

UNDERCUT THE VALIDITY OF THOSE TWO DOCUMENTS AND THEIR EFFECTIVENESS IN

ESTABLISHING A PERIOD OF GOOD CONDUCT AFTER THE SENTENCE IS COMPLETED.

FOR THAT REASON, I WILL RECOMMEND AGAINST IT AND I URGE MY COLLEAGUES

TO VOTE AGAINST IT. THANK YOU, SIR.

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 2630. 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

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NYS ASSEMBLY JUNE 10, 2021

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE

WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN

RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE WILL BE IN FAVOR OF THIS PIECE OF LEGISLATION;

HOWEVER, SHOULD COLLEAGUES DECIDE TO BE AN EXCEPTION, THEY COULD GIVE

THE MINORITY -- MAJORITY LEADER'S OFFICE A CALL, LET US KNOW THAT AND

WE WILL PROPERLY RECORD THEIR VOTE.

ACTING SPEAKER AUBRY: THANK YOU BOTH.

(THE CLERK RECORDED THE VOTE.)

MS. RICHARDSON TO EXPLAIN HER VOTE.

MS. RICHARDSON: GOOD AFTERNOON TO YOU, MR.

SPEAKER, AS WELL AS THE LEADERSHIP IN THIS CHAMBER. IT'S ALWAYS A

PLEASURE TO HAVE THE DISTINCT HONOR TO REPRESENT THE MIGHTY 43RD

ASSEMBLY DISTRICT WHILE I'M ON THE LEGISLATIVE FLOOR. I JUST WANT TO

REALLY STATE THAT THIS BILL WILL AMEND SECTION 205 OF THE CORRECTION LAW

AND SECTION 259-J OF THE EXECUTIVE LAW IN ORDER TO IMPROVE THE

PROCESS OF OBTAINING CERTIFICATES OF GOOD CONDUCT FOR INDIVIDUALS WHO

HAVE BEEN GRANTED EARLY OR DISCRETIONARY DISCHARGE FROM COMMUNITY

SUPERVISION.

THE PURPOSE OF THIS LEGISLATION IS TO PROVIDE

INDIVIDUALS WHOSE GOOD CONTACT AND BEHAVIOR EARNED THEM EARLY

DISCHARGE FROM COMMUNITY SUPERVISION, THE ABILITY TO DEMONSTRATE TO

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NYS ASSEMBLY JUNE 10, 2021

EMPLOYERS AND LANDLORDS THAT THEY ARE A FORMERLY INCARCERATED

INDIVIDUAL, BUT THEY HAVE BEEN LIVING CRIME FREE. THIS, I WANT TO ALSO

UNDERSCORE, IS STILL UP TO THE DECISION OF THE DEPARTMENT OF

CORRECTIONS, SO EACH CASE WILL BE ON A CASE-BY-CASE BASIS. YOU KNOW,

IT IS IMPORTANT THAT WE ARE DOING ALL THAT WE CAN TO HELP NEW YORKERS

WHO ARE FORMERLY INCARCERATED TRANSITION SUCCESSFULLY BACK INTO

SOCIETY, AND I KNOW THAT WITH THIS LEGISLATION WE OPEN UP THE PATHWAY

FOR MORE INDIVIDUALS TO LIVE A LIFE OF PRODUCTIVITY. AND WITH THAT, I

PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. RICHARDSON IN

THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUE, MR. BROWN, IN THE AFFIRMATIVE ON THIS LEGISLATION. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

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

WOULD RECORD OUR COLLEAGUE, MR. SAYEGH, IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: SO NOTED. THANK YOU

BOTH.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 19, RULES REPORT NO. 565, THE CLERK WILL READ.

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NYS ASSEMBLY JUNE 10, 2021

THE CLERK: SENATE NO. S02987-A, RULES REPORT

NO. 565, SENATOR PARKER (DARLING, BICHOTTE HERMELYN,

SOLAGES--A05679-A). AN ACT TO DECLARE RACISM A PUBLIC HEALTH CRISIS

AND TO ESTABLISH A WORKING GROUP TO PROMOTE RACIAL EQUITY THROUGHOUT

THE STATE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 30 DAYS.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2987-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. THIS -- THE

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS PIECE OF

LEGISLATION. THOSE WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S

OFFICE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THIS IS A PIECE OF LEGISLATION THAT OUR CONFERENCE WILL

DEFINITELY SUPPORT; HOWEVER, THERE MAY SOME THAT WOULD LIKE TO BE AN

EXCEPTION. THEY SHOULD CONTACT THE OFFICE AND WE WILL PROPERLY RECORD

THEIR VOTE. THANK YOU.

(THE CLERK RECORDED THE VOTE.)

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NYS ASSEMBLY JUNE 10, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 19, RULES REPORT NO. 566, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05705-A, RULES

REPORT NO. 566, JOYNER, BURDICK, D. ROSENTHAL, DINOWITZ, ZINERMAN,

REYES, SIMON, DE LA ROSA, PERRY, L. ROSENTHAL, GLICK. AN ACT TO

AMEND THE CORRECTION LAW AND THE EXECUTIVE LAW, IN RELATION TO WORK

RELATED LABOR PROTESTS NOT BEING CONSIDERED A PAROLE VIOLATION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

JOYNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MR. MORINELLO.

MR. MORINELLO: MAY WE HAVE AN EXPLANATION,

PLEASE?

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. JOYNER.

MS. JOYNER: GLADLY. THIS BILL WOULD ALLOW

INDIVIDUALS UNDER COMMUNITY SUPERVISION THE ABILITY TO PARTICIPATE IN

LABOR STRIKES OR PROTESTS DUE TO WORK-RELATED CONDITIONS WITHOUT

VIOLATING CONDITIONS OF PAROLE. IT WILL PROTECT AN INDIVIDUAL'S RIGHT TO

PROTEST WORK-RELATED LABOR CONDITIONS REGARDLESS OF BEING UNDER

COMMUNITY SUPERVISION.

MR. MORINELLO: WILL THE SPONSOR YIELD FOR A

COUPLE OF QUESTIONS?

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ACTING SPEAKER AUBRY: MS. JOYNER, WILL YOU

YIELD?

MS. JOYNER: YES.

ACTING SPEAKER AUBRY: MS. JOYNER YIELDS.

MR. MORINELLO: FIRST OF ALL, I'D LIKE TO RECOGNIZE

THE BENEFITS OF SOMEONE WHO IS IN COMMUNITY SUPERVISION OF BECOMING

GAINFULLY EMPLOYED WHICH ASSISTS THEM IN RECONNECTING TO THE

COMMUNITY. BUT WITH THIS PARTICULAR BILL, IS THERE ANY REQUIREMENT THAT

THE INDIVIDUAL ACTUALLY BE EMPLOYED BY THE COMPANY OR FACILITY THAT IS

THE TARGET OF THE LABOR DISPUTE, STRIKE, STOPPAGE, ET CETERA?

MS. JOYNER: OKAY. SO BASICALLY UNDER ARTICLE 20

OF THE LABOR LAW AND THE NATIONAL LABOR RELATIONS ACT IT'S ONLY -- IT

PROTECTS EMPLOYEES WHO ENGAGE IN PROTESTS FOR THE PURPOSES OF

COLLECTIVE BARGAINING, RIGHT? SO IF THESE ACTIVITIES ARE NOT AGAINST THEIR

OWN EMPLOYERS, THEY'RE NOT PROTECTED UNDER ARTICLE 20 AND, THEREFORE,

NOT PROTECTED UNDER THIS BILL. SO YES, THEY WOULD HAVE TO BE AN

EMPLOYEE AND IT WOULD HAVE TO BE AGAINST THEIR OWN EMPLOYER AND

WORK-RELATED.

MR. MORINELLO: BUT NOW -- BUT THAT IS NOT

SPECIFIC IN THE BILL, AM I CORRECT ON THAT?

MS. JOYNER: WELL, I GUESS THE ASSUMPTION IS THAT

THE LABOR LAW -- LABOR LAW ARTICLE 20 AND THE NATIONAL LABOR

RELATIONS ACT ALREADY SPEAKS ON THAT ISSUE.

MR. MORINELLO: NOW, WOULD THIS COVER THEM IF

THAT STRIKE IS AT AN AFFILIATE COMPANY OF THEIR EMPLOYER?

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MS. JOYNER: IT WOULD HAVE TO BE AGAINST THEIR OWN

EMPLOYER.

MR. MORINELLO: SO THEY COULD BE AT A SEPARATE

LOCATION IF IT'S BY THE SAME OWNERSHIP, CORRECT?

MS. JOYNER: YES.

MR. MORINELLO: IS THERE ANY REQUIREMENT THAT

THEY ARE A MEMBER OF THE UNION THAT IS RECOGNIZED BY THAT EMPLOYER

AND THAT IS ACTUALLY DOING THE PROTESTING?

MS. JOYNER: SO NO, THEY DO NOT HAVE TO BE A

MEMBER OF THE UNION OR UNIONIZED, BUT IT WOULD HAVE TO BE CONNECTED

TO THEIR OWN EMPLOYER.

MR. MORINELLO: OKAY. SO THEY COULD NOT JUST

USE THIS AS AN EXCUSE TO -- IF THEY HEAR OF A PROTEST OF A DIFFERENT UNION,

THEY HAD A DIFFERENT EMPLOYER, TO THEN VIOLATE SOME OF THE CONDITIONS

THAT HAVE BEEN PUT ON THEM WHILE THEY'RE IN COMMUNITY SUPERVISION.

MS. JOYNER: IT WOULD BE -- IT WOULD HAVE TO BE

AGAINST THEIR OWN EMPLOYER AND, YOU KNOW, RELATED TO A WORKPLACE,

WORK-RELATED ISSUE.

MR. MORINELLO: THANK YOU FOR ANSWERING THE

QUESTIONS.

ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

MORINELLO.

MR. MORINELLO: NUMBER ONE, AS I STATED EARLIER,

I THINK IT'S ADMIRABLE AND IT IS THE -- THE INTENTION AND THE FOCUS OF THIS

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BODY TO RECONNECT THOSE THAT HAVE BEEN INCARCERATED WITH THE

COMMUNITY. I ALSO FIND IT ADMIRABLE THAT AN INDIVIDUAL WOULD HAVE

EMPLOYMENT WITH A COMPANY THAT IS RECOGNIZED BY A UNION OR THAT THE

UNION RECOGNIZES. I ALSO FIND IT HELPFUL THAT THIS BILL IS THERE.

I WOULD ONLY -- I WILL SUPPORT THIS BILL, I WILL

ENCOURAGE MY COLLEAGUES TO SUPPORT IT, I WOULD ONLY ASK THAT POSSIBLY

THERE BE A FEW ADDITIONAL CAVEATS IN IT TO JUST BE MORE SPECIFIC SO THAT AT

LEAST THE PAROLE OFFICER WOULD HAVE A BETTER IDEA OF WHAT A VIOLATION

WOULD BE. I DO NOT ANTICIPATE WHOLESALE VIOLATIONS, BUT THERE'S ALWAYS

GOING TO BE THOSE THAT MIGHT TRY AND GET REAL CLOSE TO THE LINE, LIKE MY

GRANDCHILDREN DO. SO WITH THAT BEING SAID, I THANK THE SPONSOR. 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 2801-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MR. DIPIETRO AND MR. FITZPATRICK IN THE NEGATIVE. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.

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ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE -- MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, NEXT ON --

ON THE LINEUP, WE -- WE'RE GOING TO GO TO MS. ROSENTHAL, RULES REPORT

NO. 568, IT'S ASSEMBLY BILL NO. 5823; FOLLOWED BY ASSEMBLYMEMBER

NIOU, RULES REPORT NO. 577, ASSEMBLY BILL NO. 6215; AS WELL AS

RULES REPORT NO. 594, ASSEMBLY BILL NO. 6896 BOTH, AGAIN, BY MS.

NIOU; FOLLOWED BY MR. STIRPE WITH RULES REPORT NO. 645 AND HE HAS

ASSEMBLY BILL NO. 7959. AGAIN, THAT'S MR. STIRPE. AND THEN WE'RE

GOING TO GO TO RULES REPORT NO. 659, ASSEMBLY BILL NO. 5418, THAT

ONE IS BY MR. ENGLEBRIGHT.

MR. SPEAKER, I'M SURE YOU HAVE RECORDED THIS, I HOPE

OUR COLLEAGUES HAVE RECORDED IT AS WELL SO THAT WE MIGHT BE ABLE TO

OFFICIALLY GET THROUGH DEBATE AND CONVERSATIONS ON THESE IMPORTANT

PIECES OF LEGISLATION. THANK YOU.

ACTING SPEAKER AUBRY: PAGE 19, RULES

REPORT NO. 568, THE CLERK WILL READ.

THE CLERK: SENATE NO. S05023-A, RULES REPORT

NO. 568, SENATOR GIANARIS (L. ROSENTHAL, GOTTFRIED, LAVINE,

MCDONALD, SIMON, FAHY--A05823-A). AN ACT TO AMEND THE EDUCATION

LAW, IN RELATION TO MANDATING THE REPORTING OF SUSPECTED ANIMAL

CRUELTY BY VETERINARIANS.

ACTING SPEAKER AUBRY: MR. GOODELL.

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NYS ASSEMBLY JUNE 10, 2021

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS BILL WOULD REQUIRE

VETERINARIANS TO BECOME MANDATORY REPORTERS OF SUSPECTED ANIMAL

ABUSE. IN DISCUSSING THIS WITH VETERINARIANS THAT I KNOW, THEY

EXPRESSED GREAT OPPOSITION BECAUSE THEY SAID IT'S VERY DIFFICULT TO TELL

WHEN AN ANIMAL COMES IN WHETHER THE ANIMAL IS MALNOURISHED BECAUSE

THEY WERE SICK OR WHETHER IT'S ABUSE. AND OBVIOUSLY THEY DON'T WANT

THEIR LICENSE TO DEPEND ON WHETHER OR NOT THEY FILE A MANDATORY REPORT.

THERE IS ANOTHER CONCERN. THOSE ACTUALLY WHO DO ABUSE THEIR ANIMALS

ARE NOT LIKELY TO TAKE THEM TO THE VET. AND SO THE PRACTICAL IMPACT MAY

BE RELATIVELY SMALL OTHER THAN THE FACT THAT THE VET IS NOW PLACED IN A

VERY AWKWARD SITUATION WITH THOSE THOUGHTFUL CUSTOMERS THAT BRING

THEIR ANIMAL IN FOR TREATMENT.

UNFORTUNATELY, THERE'S A THIRD ISSUE. AND I THINK IT'S

FAIRLY RARE BUT OCCASIONALLY, THERE ARE PROFESSIONALS THAT WILL USE A

MANDATORY REPORTING EXCUSE, IF YOU WILL, TO CONVINCE A CUSTOMER TO DO

A LOT MORE SERVICE. AND THAT, OF COURSE, IS INAPPROPRIATE. SEVERAL YEARS

AGO, WE STARTED IMPLEMENTING MANDATORY REPORTING FOR SUSPECTED CHILD

ABUSE FOR CHILDREN. THAT WAS A GREAT IDEA. AND WE CREATED A CHILD

ABUSE REGISTRY. GREAT IDEA. AND WE HAD A WHOLE TEAM OF INDEPENDENT

GOVERNMENTAL EMPLOYEES THAT WERE HIGHLY TRAINED, AND THOSE WERE OUR

CPS WORKERS. GREAT IDEA. BUT EXTENDING THAT CONCEPT TO VETERINARIANS

AND MAKING THEM MANDATORY REPORTING MAY RESULT IN SOME CUSTOMERS

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HESITANT TO BRING THEIR SICK PET TO THE VET FOR FEAR OF BEING REPORTED AND

HAVING TO DEFEND THEMSELVES. AND IT WILL PUT SOME VETS IN A VERY

AWKWARD SITUATION OF TRYING TO FIGURE OUT WHETHER THE PET'S AILMENTS ARE

THE RESULT OF A DISEASE OR INJURY THAT HAS NOTHING TO DO WITH ABUSE. AND

FOR THOSE REASONS, I'LL BE RECOMMENDING AGAINST THIS EXPANSION OF

OBLIGATIONS ON VETS, RECOGNIZING THAT UNDER CURRENT LAW, VETS ABSOLUTELY

HAVE THE RIGHT TO REPORT ANY ABUSE. THIS JUST MAKES IT MANDATORY AT THE

RISK OF LOSING THEIR LICENSE. FOR THOSE REASONS, I'LL BE OPPOSING IT AND

RECOMMEND AGAINST IT TO MY COLLEAGUES. THANK YOU, SIR.

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 SENATE PRINT 5023-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. ROSENTHAL TO EXPLAIN HER VOTE.

MS. ROSENTHAL: TO EXPLAIN MY VOTE, THANK YOU,

MR. SPEAKER. THIS BILL IS AN A. R. BILL, WHICH STANDS FOR ANIMAL RIGHTS.

I AM PROUD TO HAVE THE SUPPORT OF SO MANY -- VETERINARY MEDICAL

ASSOCIATION OF THE HUMANE SOCIETY, THE HUMANE SOCIETY OF NEW

YORK, THE HUMANE SOCIETY OF THE UNITED STATES, THE HUMANE

ASSOCIATION OF THE STATE OF NEW YORK, THE NEW YORK STATE ANIMAL

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PROTECTION FEDERATION, THE NEW YORK CITY BAR AND THOUSANDS OF

PEOPLE IN REQUIRING VETERINARIANS TO REPORT WHAT THEY BELIEVE IN GOOD

FAITH IS A CASE OF SUSPECTED ANIMAL CRUELTY. LAW ENFORCEMENT, ASPCA,

OTHERS TAKE IT FROM IT THERE, BUT PEOPLE KNOW THAT THE LINK BETWEEN

ANIMAL ABUSE AND HUMAN ABUSE IS STRONG. SO THIS LEGISLATION PROTECTS

ANIMALS AND HUMANS. I ALSO THINK THAT VETERINARIANS ACROSS THE STATE

WOULD NOT BE HAPPY TO BE IMPUGNED BY A BLANKET STATEMENT THAT -- THAT

THEY MAY REPORT -- WOULD BE COERCIVE IN REQUIRING TREATMENT. I THINK

THAT'S INSULTING TO ALL THE VETERINARIANS IN THE STATE. THIS IS A GOOD

PIECE OF LEGISLATION. IT WILL HELP ANIMALS. IT WILL HELP STEM ABUSE IN

SOCIETY AGAINST ANIMALS AND AGAINST HUMANS, AND I AM PROUD TO VOTE IN

THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

NEGATIVE VOTES ON THE FLOOR, PLEASE ADD MY COLLEAGUE, MR. DIPIETRO, AS

A NEGATIVE VOTE. 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 20, RULES REPORT NO. 577, THE CLERK WILL READ.

THE CLERK: SENATE NO. S04716-A, RULES REPORT

NO. 577, SENATOR HOYLMAN (NIOU, EPSTEIN, OTIS--A06215-A). AN ACT

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NYS ASSEMBLY JUNE 10, 2021

TO AMEND THE STATE TECHNOLOGY LAW, IN RELATION TO REQUIRING THE OFFICE

OF INFORMATION TECHNOLOGY SERVICES TO COOPERATE WITH ALL STATE

AGENCIES IN THE IMPLEMENTATION OF LANGUAGE TRANSLATION TECHNOLOGY.

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 4716-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: MS. NIOU TO EXPLAIN

HER VOTE.

MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO EXPLAIN MY VOTE. AS WE CONTINUE TO MOVE TOWARD RECOVERY, IT IS

SO VITAL THAT ALL NEW YORKERS HAVE THE SAME INFORMATION AND EQUITABLE

ACCESS TO COVID-19 UPDATES AND ESSENTIAL HUMAN SERVICES. THIS BILL

WILL REQUIRE THE OFFICE OF INFORMATION TECHNOLOGY TO ASSIST AGENCIES IN

TRANSLATING ALL WEBSITES CONTAINING DETAILS RELATED TO COVID-19

INFORMATION, SERVICES, BENEFITS, AND PROGRAMS INTO THE TOP 12 SPOKEN

LANGUAGES IN NEW YORK STATE WITHIN 30 DAYS OF THIS BILL'S PASSAGE, AND

TO TRANSLATE ALL OTHER STATE AGENCY WEBSITES WITHIN 90 DAYS.

THROUGHOUT THE PANDEMIC, WE HAVE HAD CONSTITUENTS

CALL ALL OF OUR OFFICES REQUESTING INFORMATION ON COVID-19 AND THE

RESOURCES THAT EVERYBODY NEEDED. SINCE MANY AGENCY WEBSITES ARE

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VERY DIFFICULT TO ACCESS AND HARD TO NAVIGATE, THEY ENDED UP CALLING ALL

OF OUR OFFICES INSTEAD, AND BECAUSE OF THE LACK OF LANGUAGE

ACCESSIBILITY, WE HAVE ALSO HAD FOLKS REACH OUT WITH COVID-19

MISINFORMATION THAT HAS BEEN CIRCULATED ON THE INTERNET OR THROUGH

ONLINE CHATS. WE MUST MAKE SURE TO BE ABLE TO PROVIDE SAFE, FACTUAL

PUBLIC HEALTH INFORMATION IF THE PEOPLE WHO NEED IT MOST CAN'T READ IT.

THERE IS A TREMENDOUS GAP BETWEEN THOSE WHO HAVE

THE RESOURCES AND THE ABILITY TO ACCESS THE RESOURCES WE HAVE AVAILABLE

AND THOSE WHO DO NOT, AND THAT MULTIPLIES EVERYBODY SUFFERING,

ESPECIALLY WHEN WE'RE TALKING ABOUT TIME-SENSITIVE HEALTH INFORMATION

OR FIGHT -- OR FIGHTING MISINFORMATION THAT CAN ACTUALLY CAUSE PHYSICAL

HARM.

NEW YORKERS ARE GOING THROUGH THE WORST ECONOMIC

AND HEALTH PANDEMIC IN A CENTURY. IT IS ESSENTIAL THAT WE PROMOTE

EQUITY AND PROVIDE CULTURALLY-SENSITIVE LANGUAGE ACCESSIBLE

INFORMATION AND SERVICES IN OUR ONLINE RESOURCES AND INFORMATION, AND

I'M REALLY, REALLY, REALLY GRATEFUL FOR ALL OF MY COLLEAGUES FOR THEIR

SUPPORT AND MAKING SURE THAT ALL OF THE NEW YORKERS THAT ARE IN OUR

STATE REALLY BE ABLE TO HAVE THE INFORMATION THAT THEY NEED TO STAY SAFE.

THANK YOU SO MUCH, MR. SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE.

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. NIOU IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY JUNE 10, 2021

MR. GOODELL.

MR. GOODELL: PLEASE CHANGE THAT VOTE BY AT LEAST

ONE, MR. BRABENEC IN THE NEGATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

ANY THERE OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 20, RULES REPORT NO. 594, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06896-A, RULES

REPORT NO. 594, NIOU, KIM, DE LA ROSA, ROZIC, L. ROSENTHAL,

WEPRIN, RICHARDSON, FITZPATRICK, ENGLEBRIGHT, FRONTUS, SOLAGES,

REYES, FERNANDEZ, BRAUNSTEIN, GOTTFRIED, MITAYNES, GONZ�LEZ-ROJAS,

EPSTEIN. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO REQUIRING

THE COLLECTION OF CERTAIN DEMOGRAPHIC INFORMATION BY CERTAIN STATE

AGENCIES, BOARDS, DEPARTMENTS AND COMMISSIONS.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

REQUIRE EVERY NEW YORK STATE AGENCY, BOARD OR COMMISSION THAT

COLLECTS DEMOGRAPHIC ON NEW YORK STATE RESIDENTS RELATED TO ANCESTRY

OR ETHNIC ORIGIN TO USE SEPARATE CATEGORIES FOR AT LEAST 24 DIFFERENT

ASIAN COUNTRIES. I WOULD NOTE THAT THE UNITED STATES OFFICE OF

MANAGEMENT AND BUDGET STATISTICAL POLICY DIRECTIVE RECOGNIZES THAT

THERE ARE DISTINCTIONS WITHIN -- MAJOR DISTINCTIONS BETWEEN DIFFERENT

ASIAN GROUPS AND, AS A RESULT, IT HAS CREATED TWO DISTINCT AND SEPARATE

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CATEGORIES. LIKEWISE, THOSE TWO AND -- DISTINCT AND SEPARATE CATEGORIES

ARE REFLECTED IN THE 2000 UNITED STATES CENSUS.

THE CHALLENGE IS, AS THE SPONSOR NOTES, EACH OF THESE

ASIAN NATIONS HAS ITS OWN CHARACTERISTICS, ITS OWN DEMOGRAPHICS, ITS

OWN TRADITIONS, AND ALL OF THEM ARE GREAT AND CERTAINLY HELPFUL. AT THE

SAME TIME, THE SAME COULD BE SAID FOR THE OTHER 196 COUNTRIES IN THE

WORLD. I AM HALF SWEDISH AND I WILL TELL YOU EVEN THOUGH I'M HALF

SCANDINAVIAN, THE SWEDES ARE VERY DIFFERENT THAN THOSE NEIGHBORS IN

NORWAY OR DENMARK, BUT OBVIOUSLY WHEN YOU ARE DOING STATISTICAL DATA

COLLECTION, WE HAVE TO GENERALIZE SOMEWHAT FOR PRACTICAL REASONS. IT'S

JUST NOT PRACTICAL TO SAY ARE YOU ASIAN, AFRICAN-AMERICAN, LATINO OR

HISPANIC AND ONE OF THE FOLLOWING 24 ASIAN GROUPS. AND, IN FACT,

SOME OF THESE ASIAN GROUPS, SOME OF THESE ASIAN COUNTRIES, GREAT

COUNTRIES NO DOUBT, ARE ACTUALLY SMALLER THAN SOME OF OUR ASSEMBLY

DISTRICTS IN TERMS OF POPULATION.

SO WHILE I APPRECIATE THE DISTINCTION BETWEEN ALL THESE

ASIAN GROUPS, I APPRECIATE THEIR DIFFERENT TRADITIONS, LANGUAGE, CULTURE,

IT'S JUST NOT PRACTICAL TO ASK EVERY NEW YORK STATE AGENCY THAT'S

COLLECTING ANY DEMOGRAPHIC DATA TO COLLECT SEPARATE DEMOGRAPHIC DATA

ON ALL 24 OR MORE ASIAN GROUPS. AND THAT'S WHY THE GOVERNOR VETOED

THIS THE LAST TIME IT CAME TO HIM AND I SUSPECT THAT'S STILL AN ISSUE FOR ALL

OF US. WE DON'T NEED TO ADD AN EXTRA PAGE TO EVERY APPLICATION TO LIST

ALL THE DIFFERENT COUNTRIES OR ETHNICITIES FOR MOST DATA COLLECTION USES IN

NEW YORK. THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 10, 2021

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 6896-A. THIS IS A PARTY VOTE. ANY

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

POSITION IS REMINDED CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL GENERALLY BE OPPOSED TO THIS LEVEL OF DATA COLLECTION,

BUT THOSE WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE

AND WE'LL BE SURE TO CONTACT -- CORRECTLY RECORD YOUR VOTE. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

OF LEGISLATION; HOWEVER, SHOULDER MEMBERS DECIDE TO BE AN EXCEPTION,

THEY SHOULD CONTACT THE MAJORITY LEADER'S OFFICE AND SO RECORD THEIR

VOTE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

MS. NIOU TO EXPLAIN HER VOTE.

MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING

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ME TO EXPLAIN MY VOTE. I REPRESENT A DISTRICT THAT IS DIVERSE IN CULTURE,

RACE, AND SOCIO-ECONOMIC STATUS. WE EMBRACE AND CELEBRATE OUR

DIVERSITY AND DIFFERENCES, BUT MUST FIND A BETTER WAY TO ENSURE THAT OUR

DISTINCTIONS WITHIN RACIAL AND ETHNIC POPULATIONS ARE REPRESENTED. AS

OUR STATE'S DEMOGRAPHICS CONTINUE TO SHIFT, WE NEED TO MODIFY THE

SYSTEM IN PLACE NOT ONLY TO BETTER CAPTURE OUR POPULATION, BUT ALSO TO

ENSURE THAT GOVERNMENT RESOURCES ARE BEING USED EFFICIENTLY.

ASIAN-AMERICANS ARE THE FASTEST GROWING MINORITY GROUP IN OUR STATE.

THERE ARE ALSO MORE ASIAN-AMERICANS LIVING IN POVERTY IN NEW YORK

THAN IN ANY OTHER MINORITY GROUP. WE ARE ALSO THE LEAST REPRESENTED IN

GOVERNMENTS AND THE AGENCIES THAT WE GOVERN. THE MODEL MINORITY

MYTH AND THE AGGREGATED DATA IS HIDING THIS TRUTH. DATA THIS

AGGREGATION CAN SERVE AS A POWERFUL TOOL IN TRACKING THESE

DEMOGRAPHIC CHANGES, ALLOWING US TO GAIN VALUABLE INSIGHT INTO OUR

POPULATION. THIS BILL ALLOWS US TO GATHER AND STUDY INFORMATION ON THE

MANY ASIAN-AMERICAN ETHNIC SUBGROUPS IN OUR STATE, AND THIS

INFORMATION IS IMPORTANT IN THAT IT ALLOWS US TO STUDY AND EXAMINE THE

DIFFERENT NEEDS WITHIN OUR DIFFERENT COMMUNITIES AND TARGET

APPROPRIATE SERVICES TO OUR COMMUNITIES, INCLUDING UNCOVERING

PREVIOUSLY OVERLOOKED DATA ON UNDERREPRESENTED POPULATIONS.

SIMPLY PUT, BETTER DATA MEANS MORE INFORMED CHOICES.

THIS AGGREGATION WILL ALLOW OUR STATE AGENCIES TO MORE EFFECTIVELY

ASSESS WHERE RESOURCES ARE MOST NEEDED. THE CURRENT SYSTEM OF DATA

COLLECTION FAILS TO ACCOUNT FOR THE DISPARITIES WITHIN ASIAN-AMERICAN

POPULATIONS IN NEW YORK, AND THIS INCLUDES BUT IS NOT LIMITED TO THE

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NYS ASSEMBLY JUNE 10, 2021

DIFFICULT OBSTACLES FACED BY OUR SUBGROUPS. FOR EXAMPLE, THIS

AGGREGATION WILL ALLOW US TO DETERMINE AREAS WHERE CRITICAL LANGUAGE

ACCESS SERVICES ARE NEEDED, OR HELP US TO REVEAL INEQUALITY GAPS IN

HEALTH OR EDUCATION, AMONG OTHER THINGS. WITHOUT THIS AGGREGATED

DATA, THE GENERAL POPULATION CONTINUES TO SEE ALL ASIAN-AMERICANS AS A

SINGLE, ONE MONOLITHIC GROUP, AND OUR MOST VULNERABLE GROUPS WILL NOT

BE RECEIVING EXTERNAL FURTHER SUPPORT. AND I URGE THAT MY COLLEAGUES

JOIN ME IN SUPPORTING THIS BILL BECAUSE IT IS CRITICAL TO CONTINUE THE

WORK THAT WE ENSURE THAT NO ONE IS LEFT OUT OR ERASED. THANK YOU SO

MUCH, MR. SPEAKER, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. NIOU IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MR. MONTESANO, MR. SCHMITT, AND MR. TANNOUSIS IN FAVOR

OF THIS LEGISLATION, ALONG WITH THOSE WHO HAVE VOTED ON THE FLOOR.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 21, RULES REPORT NO. 645, THE CLERK WILL READ.

THE CLERK: SENATE NO. S07148, RULES REPORT NO.

645, SENATOR RAMOS (STIRPE--A07959). AN ACT TO AMEND THE LABOR

LAW, IN RELATION TO THE CALCULATION OF WEEKLY EMPLOYMENT INSURANCE

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NYS ASSEMBLY JUNE 10, 2021

BENEFITS FOR CERTAIN WORKERS; TO AMEND A CHAPTER OF THE LAWS OF 2021

AMENDING THE LABOR LAW RELATING TO THE CALCULATION OF WEEKLY

EMPLOYMENT INSURANCE BENEFITS FOR WORKERS WHO ARE PARTIALLY

UNEMPLOYED, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 1042-A AND

A. 2355-A, IN RELATION TO THE EFFECTIVENESS THEREOF; AND TO REPEAL

CERTAIN PROVISIONS OF THE LABOR LAW RELATING THERETO.

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 7148. THIS IS A FAST ROLL CALL. ANY

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

TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. THIS IS A CHAPTER

AMENDMENT THAT CHANGES HOW WE CALCULATE BENEFITS FOR THOSE WHO ARE

PARTIALLY EMPLOYED. THE ORIGINAL BILL PROVIDED THAT A WORKER COULD

WORK UP TO 50 PERCENT OF THEIR TIME AND COLLECT FULL-TIME

UNEMPLOYMENT, AND THEN THEIR BENEFITS WERE REDUCED DOLLAR FOR DOLLAR.

AND SO THAT CREATED A KIND OF A PERVERSE INCENTIVE TO WORK EXACTLY 50

PERCENT OF THE TIME BECAUSE YOU GOT 100 PERCENT OF UNEMPLOYMENT AND

50 PERCENT SALARY. AND THAT PERVERSE INCENTIVE NOT TO WORK ANYMORE,

BECAUSE IT WAS LIKE A 100 PERCENT TAX ON INCOME. AND SO AS MUCH AS

WE LIKE TO PAY TAXES TO SUPPORT ALL THE GREAT THINGS WE DO IN THIS

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LEGISLATURE, MOST WORKERS WERE NOT REALLY EXCITED ABOUT A 100 PERCENT

TAX ON EARNINGS.

THIS CHANGES IT TO PROVIDE THAT THE FIRST NINE HOURS OF

WORK, YOU KEEP ALL THE MONEY; FROM TEN TO 16, YOU LOSE ONE-QUARTER;

FROM 16 TO 21, YOU LOSE TWO DAYS OF UNEMPLOYMENT, ON SO ON. AND SO

IT'S A MUCH MORE GRADUATED APPROACH AND AS A RESULT, ADDRESSES SOME

OF THOSE DISINCENTIVES THAT WERE INADVERTENTLY INCLUDED IN THE ORIGINAL

BILL. SO FOR THAT REASON, WHILE I VOTED AGAINST THE ORIGINAL, I THINK THE

CHAPTER AMENDMENT IS AN IMPROVEMENT AND MY COMPLIMENTS TO MY

COLLEAGUE FOR MAKING THESE CHANGES.

ACTING SPEAKER AUBRY: MR. STIRPE TO EXPLAIN

HIS VOTE.

MR. STIRPE: THANK YOU, MR. SPEAKER. YOU KNOW,

THIS BILL CREATED A NEW METHOD OF CALCULATING PARTIAL UNEMPLOYMENT

BENEFITS FOR PEOPLE ACCEPTING PART-TIME EMPLOYMENT. AND IT REALLY WAS

NOT A DISINCENTIVE. WE WANTED TO ENCOURAGE PEOPLE TO REENTER THE

WORKFORCE EVEN IF IT WAS PART-TIME, WHICH ALLOWED THEM TO MAINTAIN OR

INCREASE THEIR JOB SKILLS AND STAY ATTACHED TO THE LABOR MARKET. SO

UNLIKE WHAT THE PREVIOUS SPEAKER SAID, THIS IS A GOOD THING TO GET

PEOPLE TO STAY IN THE LABOR MARKET BECAUSE THE CHANCES OF BEING HIRED

FULL-TIME ARE MUCH BETTER IF YOU ARE WORKING.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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THE BILL IS PASSED.

PAGE 21, RULES REPORT NO. 659, THE CLERK WILL READ.

THE CLERK: SENATE NO. S04630-B, RULES REPORT

NO. 659, SENATOR KAMINSKY (A05418-B, ENGLEBRIGHT, EPSTEIN, GRIFFIN,

SIMON, GOTTFRIED, DICKENS, GALEF, OTIS, COLTON, THIELE,

GONZ�LEZ-ROJAS, KELLES, MCMAHON, PAULIN, JACKSON, ABINANTI, SILLITTI,

SEAWRIGHT, PERRY, BURDICK, FAHY, RICHARDSON, GLICK, GALLAGHER,

DINOWITZ, FERNANDEZ, HEVESI, FORREST, STERN, STIRPE, STECK,

MCDONOUGH, L. ROSENTHAL, JACOBSON, JONES, BARRON, ANDERSON, CRUZ,

ZEBROWSKI, CYMBROWITZ, ROZIC, RAMOS). AN ACT TO AMEND THE

ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE REGULATION OF

CHEMICALS IN UPHOLSTERED FURNITURE, MATTRESSES AND ELECTRONIC

ENCLOSURES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ENGLEBRIGHT.

(PAUSE)

MR. ENGLEBRIGHT: THERE WE ARE. CAN YOU HEAR

ME NOW?

ACTING SPEAKER AUBRY: YES, SIR.

MR. ENGLEBRIGHT: THANK YOU. THANK YOU, MR.

SPEAKER. YES, THIS IS A BILL THAT IS INTENDED TO SAVE LIVES. IT HAS BEEN

DEMONSTRATED THAT FIRE-RETARDANT CHEMICALS ARE ACTUALLY MORE HARMFUL

EITHER FROM A FIRE OR JUST FROM SHEDDING OF THOSE CHEMICALS INTO LIVING

SPACES THAN THE FIRES THEMSELVES THAT THEY ARE INTENDED TO COUNTER. AND

FOR THAT REASON AND OTHERS -- I'LL GIVE YOU ANOTHER EXAMPLE. IT HAS BEEN

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DETERMINED THAT FIREFIGHTERS, BOTH VOLUNTEER AND PROFESSIONAL

FIREFIGHTERS, SUFFER FROM EXPOSURE TO HYDROGEN CYANIDE AND CARBON

MONOXIDE FROM FIRES THAT CONTAIN HALOGENATED FIRE-RETARDANT CHEMICALS.

AND BECAUSE OF THAT, THEIR LIVES ARE SHORTENED, THEY'RE SUBJECTED TO

TESTICULAR CANCER, BREAST CANCER FOR THE WOMEN, OFTEN, AND OTHER

DEGENERATIVE CONDITIONS FROM THE EXPOSURE. BECAUSE OF THAT, THE NEW

YORK STATE PROFESSIONAL FIREFIGHTERS ASSOCIATION AND THE FIRE --

FIREMEN'S ASSOCIATION OF THE STATE OF NEW YORK AND THE ASSOCIATION

OF FIRE CHIEFS OF THE STATE OF NEW YORK AND THE NEW YORK STATE

ASSOCIATION OF FIRE CHIEFS HAVE ALL STRONGLY SUPPORTED THIS MEASURE.

AND IT'S A VERY SIMPLE CONCEPT: JUST DON'T PUT THOSE CHEMICALS INTO THE

FURNITURE AND SOFT FURNITURE AND HARD FURNITURE AND OTHER MATERIALS THAT

ARE IN LIVING SPACES UNDER THE IDEA THAT THIS IS SOMEHOW GOING TO HELP

PREVENT THE FIRES. THEY DON'T. ALL THEY DO IS INCREASE THE HARM TO THOSE

WHO PLACE THEMSELVES IN HARM'S WAY BUT DO NOT DESERVE TO BE HARMED

BY CHEMICALS THAT ARE SO INSIDIOUS.

ACTING SPEAKER AUBRY: MR. MORINELLO.

MR. MORINELLO: WILL THE SPONSOR YIELD FOR A FEW

QUESTIONS?

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL

YOU YIELD?

MR. ENGLEBRIGHT: I YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. MORINELLO: IS THERE ANY PROVISION TO ALLOW

PRODUCTS THAT MAY NOT HAVE BEEN DEVELOPED YET THAT CAN BE PRODUCED

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WITHOUT THE NEGATIVE IMPACT OF THE CHEMICALS THAT ARE CURRENTLY BEING

USED?

MR. ENGLEBRIGHT: YOU'RE ASKING A QUESTION

PROSPECTIVELY?

MR. MORINELLO: YES.

MR. ENGLEBRIGHT: THE BILL DOES NOT ADDRESS

PROSPECTIVE POSSIBILITIES SPECIFICALLY. IT IS IMPORTANT TO KNOW THAT THE

EXISTING -- THAT THE EXISTING CHEMICALS AND THOSE THAT HAVE HISTORICALLY

BEEN USED - IN SOME CASES THE FURNITURE'S BEEN IN THE HOME FOR TEN OR

20 YEARS - ARE IN CERTAIN CHEMICAL CLASSES. THOSE CLASSES ARE ADDRESSED

BY THE BILL. AND SO IN THAT SENSE THE BILL IS -- IS SPECIFIC. AND YOU'RE

ASKING IF IT'S SO BROAD THAT IT WOULD INCLUDE ALMOST ANYTHING THAT THE

FUTURE MIGHT INVENT. IT DOESN'T ADDRESS THE FUTURE.

MR. MORINELLO: I NOTICED THAT THERE WAS AN

AMENDED VERSION, AND IT EXEMPTS ELECTRONIC SCREENS AND ELECTRONICS

THAT ARE PART OF APPLIANCES. AM I CORRECT ON THAT?

MR. ENGLEBRIGHT: YES. IT ADDRESSES AT THIS

POINT ONLY ELECTRONIC DISPLAYS.

MR. MORINELLO: WOULD THE --

MR. ENGLEBRIGHT: (INAUDIBLE)

MR. MORINELLO: I'M SORRY, SIR. WOULD THE

SPONSOR BE ABLE TO EXPLAIN THE DIFFERENCE BETWEEN AN ELECTRONIC DISPLAY

ON A COMPUTER AND AN ELECTRONIC DISPLAY ON A -- AN APPLIANCE?

MR. ENGLEBRIGHT: I DON'T THINK I AM QUALIFIED TO

-- TO DISTINGUISH THE DIFFERENCES BETWEEN THEM. WHAT -- WHAT I DID

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INDICATE IS THAT THIS MEASURE REALLY APPLIES TO THE APPLIANCE DISPLAYS.

YOU KNOW, STOREFRONT DISPLAYS. AND IN MANY CASES THEY HAVE PLASTICS

THAT HAVE THESE CHEMICALS BUILT INTO THEM NEXT TO THE MOTORS, AND IF

THEY CATCH FIRE BECAUSE THE MOTORS OVERHEAT THEY CAN BE REALLY DEADLY.

MR. MORINELLO: OKAY. BUT MY QUESTION WAS

MORE TO -- AND I'M NOT -- THE QUESTION HAS NOTHING TO DO WITH THE

FURNITURE, UPHOLSTERY AND DRAPERY. I HAVE -- I AGREE WHOLEHEARTEDLY

THAT THE CHEMICALS IN THOSE CAN FLAKE OFF, THEY CAN INJURE. BUT MY

CONCERN IS WITH THE MOVE TOWARDS MORE ELECTRONICS IN THE HOME --

COMPUTER SCREENS, IPADS, TELEVISIONS THAT PEOPLE TEND TO LEAVE ON WHEN

THEY GO TO SLEEP. CAN THE SPONSOR EXPLAIN WHY THEY WERE NOT EXCLUDED

FROM THE BILL SIMILAR TO THE ELECTRONIC SCREENS IN THE APPLIANCES?

MR. ENGLEBRIGHT: YOU KNOW, WE TRIED TO HAVE A

BILL THAT WAS AS BROAD AS POSSIBLE. BUT AS -- AS WITH MANY BILLS, WE

TAKE A BIG BITE OUT OF THE PROBLEM AND THEN COME BACK FOR A SECOND AND

PERHAPS EVEN A THIRD BITE TO TOTALLY ADDRESS EVERY ISSUE. YOU'VE RAISED,

I THINK, YOU KNOW, A GOOD QUESTION REGARDING, YOU KNOW, SOMETHING

THAT THE BILL DOES NOT ADDRESS, BUT I THINK, YOU KNOW, IT DOES POINT US IN

THE DIRECTION OF A FOLLOW-UP PIECE OF LEGISLATION.

MR. MORINELLO: WELL, THAT I APPRECIATE AND I'M

SURE THE SPONSOR UNDERSTANDS THAT MY QUESTIONING IS NOT DIRECTED

TOWARD ANY FURNITURE UPHOLSTERY, ET CETERA. RHODE ISLAND -- MOST OTHER

STATES -- AND I'VE GOT THE STATISTICS HERE, BUT THERE'S ONLY ABOUT FIVE

STATES THAT EXCLUDES THESE PRODUCTS FROM ELECTRONICS BECAUSE THEY FEEL

THAT THE -- THE OVERHEATING THAT CAN OCCUR AT NIGHT COULD BE MINIMIZED

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AND NOT CAUSE A FIRE. AND I APPRECIATE THE SPONSOR INDICATING THAT THERE

IS A POTENTIAL FOR A REVIEW ON THESE ISSUES. I DON'T WANT TO PUT WORDS IN

YOUR MOUTH, SIR, BUT AM I UNDERSTANDING WHAT YOU'RE SAYING IS CORRECT

THAT THERE IS THE POTENTIAL TO LOOK AT ELECTRONICS, COMPUTERS, IPADS AND

PHONES WHICH WOULD HAVE A TENDENCY TO MINIMIZE THE OVERHEATING ON

THEM?

MR. ENGLEBRIGHT: ABSOLUTELY. WE CONTINUE TO

HAVE GREAT CONCERN FOR OUR VOLUNTEER FIREFIGHTERS, OUR LOCAL HEROES --

MR. MORINELLO: YES.

MR. ENGLEBRIGHT: -- OUR PROFESSIONAL

FIREFIGHTERS. ANYTHING THAT REPEAT EXPOSURE WILL COMPROMISE THEIR

HEALTH AND WELL-BEING IS UNACCEPTABLE. WE CAN'T DO IT ALL IN ONE BILL.

WE'RE GOING TO HAVE TO COME BACK TO THIS AS WE LEARN MORE, AND YOUR

QUESTION IS -- IS VERY THOUGHTFUL.

MR. MORINELLO: THANK YOU FOR THE ANSWERS TO

MY QUESTIONS.

ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

MORINELLO.

IF I COULD GET A LITTLE QUIET IN THE CORNER, PLEASE.

THANK YOU.

PLEASE.

MR. MORINELLO: NOW, AT ONE TIME ASBESTOS

SEEMED TO BE THE BEST PRODUCT TO PREVENT FIRES AND DEATHS, AND IT WAS

LEARNED LATER THAT OF COURSE IT WASN'T. AND THE ASBESTOS EXPOSURE AND

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FLAKING HAVE CAUSED CANCERS AND DEATHS. THE UPHOLSTERY, THE SOFAS,

DRAPERY AND ANY OTHER MATERIALS ARE RUNNING INTO POSSIBLY THE SAME

SITUATION AS ASBESTOS HAS, AND AS WE GO ON WE LEARNED THINGS. WE

ABSOLUTELY ARE FOCUSED ON PROTECTING OUR FIRST RESPONDERS. HOWEVER, I

THINK IN THIS DAY AND AGE - AND I APPRECIATE THE SPONSOR'S CANDIDNESS ON

THIS - THAT WE DO NEED TO LOOK AT THE APPLIANCES, THE SCREENS. BECAUSE

IF THEY CAN -- IF THERE'S A REASON TO EXEMPT THEM FROM APPLIANCES -- AND

I'M ASSUMING THAT WHAT THEY'RE REFERRING TO IS THE NEW BREED OF

TELEVISIONS AND STOVES THAT HAVE SCREENS AND COMPUTERS BUILT IN THEM

THAT YOU CAN UTILIZE. TELEVISIONS. TELEVISIONS, APPLIANCES -- AN

APPLIANCE SIMILAR TO APPLIANCES, COMPUTER SCREENS WHERE THEY HAVE A

TENDENCY TO BE LEFT ON CAN BECOME THE NEW BREEDER OF DEATH UNLESS

THEY CAN BE CURTAILED. THEY -- AND FIRE RETARDANTS IN THESE PRODUCTS

WOULD NOT LEAD TO THE SAME DEGREE OF EXPOSURE THAT WE ARE PROTECTING.

AND I WOULD ASK THAT THE SPONSOR CONTINUE HIS QUEST TO PROTECT OUR FIRST

RESPONDERS, BUT ALSO PURSUE THE EXCEPTION FOR COMPUTER SCREENS,

ELECTRONICS, ET CETERA, WHICH ARE IN A SMALLER QUANTITY IN MOST HOMES

AND CAN END UP BEING AS DEADLY FROM A FIRE BUT NOT AS DEADLY AS THE

OTHER PRODUCTS WOULD BE TO OUR FIRST RESPONDERS.

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL

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YOU YIELD?

MR. ENGLEBRIGHT: I YIELD, YES.

MR. RA: THANK YOU, MR. ENGLEBRIGHT. AND

OBVIOUSLY THIS IS AN ISSUE, AND AS MY COLLEAGUE SAID, YOU KNOW,

PARTICULARLY WITH REGARD TO SO MANY OF THESE UPHOLSTERY AND FURNITURE

THAT WE'VE LEARNED MORE AND MORE ABOUT THESE MATERIALS. AND CERTAINLY

ANYTHING WE CAN DO TO HELP ENSURE THE SAFETY OF OUR FIRST RESPONDERS,

OUR FIREFIGHTERS WHEN THEY -- WHEN THEY GO INTO A SCENE OF A FIRE IS

CERTAINLY A LAUDABLE GOAL AND SOMETHING WE SHOULD BE PURSUING. BUT I

JUST ALSO HAD SOME QUESTIONS ABOUT THE ELECTRONICS SIDE OF IT. AND MY

UNDERSTANDING IS THAT THIS MAY BE PARTIALLY OR OTHERWISE MODELED

MAYBE -- THERE'S -- THERE'S A EUROPEAN COMMISSION REGULATION ON ECO

DESIGN. DOES THIS MIRROR THAT APPROACH, DO YOU KNOW?

MR. ENGLEBRIGHT: I AM NOT CLEAR THAT IT'S

PRECISELY THE SAME, BUT IT IS SIMILAR, YES.

MR. RA: OKAY. SO THAT -- THAT -- I MEAN, I -- I KNOW

THAT, YOU KNOW, WITH REGARD TO THE BAN ON ORGANOHALOGEN FLAME

RETARDANTS, DO YOU HAVE, YOU KNOW, SPECIFIC INFORMATION TO THAT CLASS

OF CHEMICAL RETARDANTS IN TERMS OF, YOU KNOW, THE RISKS AND HARM THAT

THEY DO?

MR. ENGLEBRIGHT: YES. THEY, WITH INCOMPLETE

COMBUSTION -- WHICH IS USUALLY THE TYPE OF COMBUSTION THAT TAKES PLACE

IN A HOUSE OR A BUSINESS FIRE -- THE -- THE CHEMICALS THAT ARE RELEASED

INTO THE SMOKE ARE VERY TOXIC. AND THEIR -- THE TOXICITY IS ACTUALLY

INCREASED BY THE -- BY THE COMBUSTION NOT JUST OF THE BEDDING OR THE

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SOFT SOFA, BUT BY THE -- THE ORGANIC ORGANOHALOGEN FLAME RETARDANTS THAT

WERE ADDED.

MR. RA: OKAY. AND, YOU KNOW, I WOULD JUST, YOU

KNOW, WHEN WE TALK ABOUT THE ELECTRONICS AND -- AND CERTAINLY WE'RE ALL

FAMILIAR WITH THE FACT THAT BOTH REALLY DURING THE LAST YEAR, IN PARTICULAR,

I GUESS, WHEN WE SPENT SO MUCH TIME AT HOME AND WE'VE RELIED ON, YOU

KNOW, TABLETS AND COMPUTERS AND ALL THESE DIFFERENT ELECTRONICS TO HELP

KEEP US CONNECTED AND -- AND HELP US REALLY, YOU KNOW DO JOBS. BUT

ALSO, MORE GLOBALLY, AS YOU KNOW, THERE'S -- THERE'S ELECTRONICS AND

REALLY ADVANCED ELECTRONICS IN PRETTY MUCH EVERYTHING WE USE IN OUR

DAY-TO-DAY BASIS. AND ONE OF THEM THAT, YOU KNOW, YOU MAY BE

FAMILIAR WITH, AND I'M WONDERING IF THIS TYPE OF EQUIPMENT WOULD BE

INCLUDED IN THIS, ARE THINGS LIKE -- LIKE EXERCISE EQUIPMENT LIKE SOME OF

THESE, WHETHER IT'S A PELOTON OR SOME OF THESE OTHER COMPANIES THAT

HAVE EXERCISE EQUIPMENT THAT NOW HAVE, YOU KNOW, SCREENS AND -- AND

ARE CONNECTED TO THE INTERNET SO YOU CAN DO STREAMING CLASSES. ARE

THOSE TYPES OF EQUIPMENT INCLUDED?

MR. ENGLEBRIGHT: NOT SPECIFICALLY. THE -- THE

ELECTRONICS INDUSTRY, OF COURSE, IS VERY DIVERSE AND YOU TOUCHED ON JUST

NOW IN YOUR COMMENTS A WIDE VARIETY THAT WE ALL INTERACT WITH FROM

EXERCISE EQUIPMENT TO THINGS THAT WE LEARN FROM THAT ARE ALL FROM

ELECTRONICS MANUFACTURERS. I WOULD LIKE TO POINT OUT THAT THE LEADING

ELECTRONICS MANUFACTURERS -- MANY OF THE LEADING ENTITIES SUCH AS APPLE

AND SONY AND HP HAVE ALREADY INDEPENDENTLY RECOGNIZED THE PROBLEM

OF ADDING ORGANOHALOGEN FLAME RETARDANTS TO THEIR PRODUCTS, AND THEY

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HAVE INDICATED THROUGH THEIR ACTIONS COMPLIANCE WITH THE CAUTIONS THAT

HAVE BEEN ISSUED BY THE CONSUMER PRODUCT SAFETY COMMISSION AND

NUMEROUS SCIENTIFIC STUDIES, AND THEY HAVE INDEPENDENTLY DECIDED TO

ELIMINATE FIRE-RETARDANT PRODUCTS OF THIS TYPE FROM THEIR -- FROM THEIR

PRODUCTS.

MR. RA: THANK YOU. AND THEN -- AND THEN JUST THE

LAST THING WAS WITH REGARD TO ANY ONGOING EFFORTS AND HOW THIS WOULD

COORDINATE WITH THEM FROM THE FEDERAL LEVEL. I'M SURE YOU'RE AWARE

THAT THE U.S. CONSUMER PRODUCT SAFETY COMMISSION HAS BEGUN THE

PROCESS OF ASSESSING FLAME-RETARDANT SUBCATEGORIES, AND -- AND THERE

ARE MANY THAT THEY'RE LOOKING AT. SO DO -- DO YOU BELIEVE THAT THIS, I

GUESS, COORDINATES WITH WHAT THE FEDERAL GOVERNMENT IS LOOKING AT?

AND I DON'T KNOW IF YOU -- YOU'VE HAD ANY CONVERSATIONS OR KNOW WHAT

PERHAPS THE TIMELINE WOULD BE FOR FEDERAL ACTION. AND REALLY THE

REASON I ASK IS, I GUESS, IF THERE ARE CATEGORIES POTENTIALLY THAT THE

FEDERAL GOVERNMENT IS GOING TO REGULATE, CERTAINLY THAT KIND OF PUTS

COMPANIES THROUGHOUT -- THROUGHOUT THE COUNTRY ON -- YOU KNOW, IN --

IN THE SAME POSITION WHEN IT COMES TO UTILIZING THESE TYPES OF MATERIALS

AS OPPOSED TO MAYBE PRODUCTS THAT CURRENTLY CAN BE, YOU KNOW, OFFERED

IN NEW YORK THAT WOULD CLOSE THE NEW YORK MARKET.

MR. ENGLEBRIGHT: AN EVEN PLAYING FIELD I THINK

IS WHAT YOU'RE SPEAKING TO. I THINK IT'S A FAIR QUESTION THAT YOU ASK. IT

IS MY UNDERSTANDING THAT THE CONSUMER PRODUCT SAFETY COMMISSION

HAS ALREADY RECOMMENDED THAT THESE FIRE-RETARDANT CHEMICALS BE

PROHIBITED. AND SO IT DOES COORDINATE, IN ANSWER TO YOUR QUESTION.

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NYS ASSEMBLY JUNE 10, 2021

MR. RA: THANK YOU, MR. ENGLEBRIGHT.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. RA: THANK YOU. THANK -- THANK YOU TO THE

SPONSOR. I KNOW HE'S OBVIOUSLY, AS A -- AS A FELLOW LONG ISLANDER, IS

ALWAYS STUDYING ON THESE ISSUES AND -- AND, YOU KNOW, TRYING TO HEAR

WHAT'S GOING ON BOTH AT THE FEDERAL AND STATE LEVEL AND OBVIOUSLY

THERE'S THAT NEED FOR COORDINATION. SO THERE -- THERE IS, I THINK, A LOT OF

COMMON GROUND WITH REGARD TO THIS ISSUE. I THINK EVEN WITHIN

INDUSTRIES THAT WILL BE IMPACTED BY THIS IN TERMS OF THE FURNITURE AND

THINGS OF THAT NATURE. AND THEN THERE'S SOME OF THESE OTHER THINGS THAT I

THINK THE -- THE STUDY OF IS ONGOING BECAUSE SOME OF THEM HAVE NOT

BEEN USED FOR AS LONG. CERTAINLY, THERE IS A NEED IN -- IN PARTICULAR IN

ELECTRONICS FOR SOME TYPE OF SYSTEMS WITHIN THEM BECAUSE THEY -- YOU

KNOW, SOMETIMES THEY'RE IN SMALL CASING, HAVE A TENDENCY TO OVERHEAT.

AND TRYING TO FIND WAYS TO ENSURE THAT WE DON'T HAVE A TRAGIC SITUATION

WHERE ONE OF THOSE, YOU KNOW, IGNITES, YOU KNOW, ANY PIECE OF --

MAYBE A PIECE OF FURNITURE OR SOMETHING ELSE AND CAUSES A FIRE IN A

HOUSE.

SO I -- I THANK THE SPONSOR FOR ANSWERING THE

QUESTIONS AND I -- AND I HOPE THAT WE CAN CONTINUE TO COORDINATE OUR

EFFORTS WITH FEDERAL EFFORTS. BUT CERTAINLY, I KNOW THE ULTIMATE GOAL OF

THIS PIECE OF LEGISLATION IS TO AVOID HARMFUL CHEMICALS. AND CERTAINLY

WITH REGARD TO OUR FIREFIGHTERS THAT COME UPON THESE SCENES WHO HAVE

EXPERIENCED EXPOSURE TO THESE CHEMICALS, TRYING TO KEEP THEM SAFE IS

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PARAMOUNT. SO -- SO I WILL BE SUPPORTING THIS PIECE OF LEGISLATION AND I

THANK THE SPONSOR FOR HIS ANSWERS. THANK YOU.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 4630-B. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MR. BARCLAY AND MR. FRIEND IN THE NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: THANK YOU. 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, OUR NEXT

ORDER OF BUSINESS WILL BE RULES REPORT NO. 683. IT'S ASSEMBLY BILL

7681 BY MS. FERNANDEZ. FOLLOWED BY RULES REPORT 702, 1932-B BY

MR. CARROLL. RULES REPORT NO. 714, 6177 ASSEMBLY BILL BY MS.

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NYS ASSEMBLY JUNE 10, 2021

SEPTIMO. RULES REPORT NO. 734, ASSEMBLY BILL 7874 BY MS. HUNTER.

AND RULES REPORT NO. 736, ASSEMBLY BILL 7905 BY MR. ABBATE. IN

THAT ORDER, MR. SPEAKER.

THANK YOU.

ACTING SPEAKER ZEBROWSKI: THANK YOU.

PAGE 22, RULES REPORT NO. 683, THE CLERK WILL READ.

THE CLERK: SENATE NO. S07179, RULES REPORT NO.

683, SENATOR PERSAUD (A07681-A, FERNANDEZ). AN ACT TO AMEND THE

FAMILY COURT ACT AND THE EXECUTIVE LAW, IN RELATION TO REENTRY OF

FORMER FOSTER CARE CHILDREN INTO FOSTER CARE.

ACTING SPEAKER ZEBROWSKI: AN EXPLANATION

IS REQUESTED.

MS. FERNANDEZ: THANK YOU. THIS BILL WOULD

CLARIFY CURRENT LAW REGARDING WHICH YOUTH ARE ELIGIBLE TO RETURN TO

FOSTER CARE BY CODIFYING CASE LAW AND ADMINISTRATIVE DIRECTIVES AND

EXPAND SUCH REENTRY PROVISIONS TO INCLUDE YOUTH WHO HAVE ATTAINED THE

AGE OF 18 OR WERE DISCHARGED FROM FOSTER CARE AFTER TURNING 16 AND ARE

NOW LIKELY TO BECOME HOMELESS.

ACTING SPEAKER ZEBROWSKI: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?

ACTING SPEAKER ZEBROWSKI: WILL THE

SPONSOR YIELD?

MS. FERNANDEZ: YES, I DO.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

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YIELDS.

MS. WALSH: THANK YOU, MS. FERNANDEZ. SO, LAST

YEAR IN 2020 IT WASN'T YOUR BILL, IT WAS MS. WRIGHT'S BILL, WE -- WE

PASSED A BILL THAT TEMPORARILY AMENDED THE FAMILY COURT ACT ALLOWING

FOR REENTRY ENTRY OF SOME FOSTER CARE YOUTH BACK INTO FOSTER CARE

BECAUSE OF -- BECAUSE OF COVID. IT WAS A TEMPORARY THING. THE

FEELING WAS THAT BECAUSE OF THE COVID CRISIS THERE COULD BE REAL

PROBLEMS WITH HOMELESSNESS. WE WANTED TO ALLOW FOSTER CARE YOUTH TO

COME BACK IN AND, YOU KNOW, I SUPPORTED THAT BILL. I KNOW MANY OF

MY COLLEAGUES DID. CAN YOU PLEASE KIND OF DO A COMPARE AND CONTRAST

BETWEEN WHAT THAT BILL DID ON A TEMPORARY BASIS AND WHAT YOUR BILL

DOES TODAY?

MS. FERNANDEZ: WELL, THIS BILL IS ADDRESSING A

CONCERN, A PROBLEM THAT HAS BEEN HAPPENING BEFORE COVID. THE BILL

ALLOWS KIDS TO REENTRY WITHOUT GOING TO COURT.

MS. WALSH: OKAY. WHAT ABOUT THE -- THE TYPE OF

YOUNG ADULTS OR PEOPLE THAT ARE ALLOWED TO ACCESS THE ENTRY OR REENTRY

INTO FOSTER CARE? HAS THAT -- HAS THAT BEEN EXPANDED FROM THE BILL THAT

WE PASSED IN 2020, DO YOU KNOW?

MS. FERNANDEZ: THIS BILL WOULD STILL REQUIRE KIDS

TO GO TO COURT TO REENTER, IT JUST EXPANDS THE POPULATION (INAUDIBLE).

MS. WALSH: COULD YOU TALK ABOUT HOW -- HOW IT

EXPANDS THE POPULATION?

MS. FERNANDEZ: TO YOUNG PEOPLE, KIDS THAT WERE

PUT IN AN INSECURE HOME. KIDS THAT HAD LEFT AT 16 BUT THEN WERE FOUND

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TO BE IN A WORSE POSITION THAN BEFORE NOW ARE 18, IT ALLOWS THEM TO GO

BACK INTO THE FOSTER CARE SYSTEM TO BE IN A SAFER ENVIRONMENT THAT

WOULD GIVE THEM THE OPPORTUNITY TO PREPARE FOR THEIR LIFE WITH

EMPLOYMENT AND SCHOOL AND EDUCATION AND AVOID RISK OF HOMELESSNESS.

MS. WALSH: NOW, FOR THESE INDIVIDUALS WHO ARE

ENTERING OR REENTERING FOSTER CARE BECAUSE OF THIS LEGISLATION, DO -- DO

THEY NEED TO -- WHEN DOES THE FOSTER CARE PLACEMENT END FOR THEM?

DOES IT STILL END AT 21 AS IT WOULD NORMALLY DO?

MS. FERNANDEZ: YES.

MS. WALSH: OKAY. NOW, THE -- THE BILL -- AGAIN,

THE BILL PASSED LAST YEAR DURING COVID SPECIFICALLY SAID THAT ANY

REQUIREMENT TO ENROLL OR ATTEND EDUCATIONAL OR VOCATIONAL PROGRAMS

SHALL BE WAIVED DURING THIS STATE DISASTER EMERGENCY. DOES YOUR BILL

REQUIRE THAT ANY ENTERING OR REENTERING YOUTH ATTEND -- ENROLL AND ATTEND

EDUCATIONAL OR VOCATIONAL PROGRAMS OR IS IT STILL WAIVED?

MS. FERNANDEZ: I BELIEVE THE KIDS STILL HAVE TO

GO TO EDUCATION, BUT WE DO EXPAND THE KIDS THAT WERE EXEMPT ON LAST

YEAR'S BILL, TOO.

MS. WALSH: OH, I'M SORRY. COULD YOU JUST REPEAT

THAT? I DIDN'T QUITE PICK THAT UP. I'M SORRY.

MS. FERNANDEZ: THE KIDS STILL HAVE TO DO

EDUCATION, BUT WE EXPANDED -- WE EXPAND THE KIDS THAT WERE EXEMPT

ON LAST YEAR'S BILL. SO THEY -- YES, THEY STILL HAVE TO GO THROUGH

EDUCATIONAL SERVICES.

MS. WALSH: SO THE -- OKAY. SO IF -- AM I -- AM I

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UNDERSTANDING YOU RIGHT THAT THE KIDS THAT DIDN'T HAVE TO LAST YEAR SIGN

UP FOR EDUCATIONAL OR VOCATIONAL PROGRAMS NOW WOULD NEED TO DO THAT?

I GUESS WITH THE REASON MAYBE BEING THAT BECAUSE COVID HAS EASED,

YOU KNOW, THE EDUCATIONAL PROGRAMS AND VOCATIONAL PROGRAMS ARE

OPENING BACK UP? DO I HAVE THAT RIGHT?

MS. FERNANDEZ: THE KIDS FROM LAST YEAR ARE STILL

EXEMPT.

MS. WALSH: OH, THEY'RE STILL EXEMPT. OKAY. OKAY.

ALL RIGHT, SO IT'S THE OPPOSITE.

MS. FERNANDEZ: (INAUDIBLE) THAT WAS JUST PUT IN

PLACE.

MS. WALSH: I'M SORRY, I -- I'M GETTING TIRED, I

GUESS. I APOLOGIZE. SO WHAT ELSE -- OTHER THAN A ROOF OVER THEIR HEADS,

WHAT ELSE, IF ANYTHING, DOES SOMEBODY WHO IS ENTERING OR REENTERING

FOSTER CARE, WHAT DO THEY GET? DO THEY GET, LIKE, AN ALLOWANCE? DO

THEY GET COUNSELING SERVICES? DO THEY GET MEDICAL SERVICES? YOU

KNOW, WHAT -- WHAT -- KIND OF LIKE WHAT'S THE PACKAGE? WHAT'S THE

INCENTIVE, REALLY, OTHER -- OTHER THAN OBVIOUSLY A HOME, A PLACE TO LIVE

FOR THESE INDIVIDUALS COMING BACK INTO FOSTER CARE?

MS. FERNANDEZ: WELL, FOSTER KIDS DO GET SERVICES

AND MEDICAL SERVICES, BUT THIS CREATES STABILITY, AND A HOME IS THE

FOUNDATION OF STABILITY TO THEN BEING ABLE TO PROPERLY APPROACH YOUR

EDUCATION, SEEK A JOB AND EVENTUALLY START, YOU KNOW, YOUR LIFE ON YOUR

OWN.

MS. WALSH: NOW, YOU MENTIONED I BELIEVE AT THE

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BEGINNING THAT THIS -- THIS BILL WOULD SAY THAT QUALIFYING YOUTH WOULD

BE ABLE TO REENTER OR ENTER FOSTER CARE WITHOUT HAVING TO APPLY TO THE

FAMILY COURT OR DO THEY STILL HAVE TO DO THAT? I'M SORRY.

MS. FERNANDEZ: YES, THEY STILL HAVE TO DO THAT.

MS. WALSH: THEY STILL HAVE TO, OKAY. AND CAN THE

FAMILY COURT SET TERMS AND CONDITIONS THAT WOULD GO ALONG WITH THAT

PLACEMENT? KIND OF LIKE RULES OF BEHAVIOR OR RULES OF THE ROAD SO THAT

THE -- YOU KNOW, THAT THINGS GO SMOOTHLY OR THEY'RE FOLLOWING CERTAIN

RULES?

MS. FERNANDEZ: NO, THAT IS JUST NECESSARY FOR

THEM TO REENTER.

MS. WALSH: ALL RIGHT. SO THE COURT JUST FIGURES OUT

IF THEY'RE QUALIFIED OR NOT AND MAKES A DETERMINATION WHETHER THEY CAN

COME BACK IN.

MS. FERNANDEZ: YES.

MS. WALSH: OKAY, GREAT. GOTCHA. I -- OH, I -- I

GUESS I JUST WANTED TO ASK YOU, I DIDN'T KNOW IF THERE HAD BEEN ANY

PROJECTION OF HOW MANY YOUNG ADULTS WERE LIKELY TO BE REENTERING

THROUGH THIS PROGRAM THAT THIS BILL CREATES?

MS. FERNANDEZ: WE HAVEN'T HEARD OF A SPECIFIC

NUMBER, BUT IN GENERAL IT IS A GREAT NUMBER.

MS. WALSH: A GREAT NUMBER. OKAY. AND IS THERE

A SENSE OF THE PROJECTED FINANCIAL IMPLICATION ON THE LOCAL SOCIAL

SERVICES DEPARTMENTS AS FAR AS, YOU KNOW, WHAT THIS IS GOING TO COST

THEM?

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MS. FERNANDEZ: ONE SECOND. NO. IT WOULD BE

PICKED UP BY THE BLOCK GRANT.

MS. WALSH: OH, IT -- IT'S PICKED UP BY A BLOCK

GRANT?

MS. FERNANDEZ: YES, THE FOSTER CARE BLOCK

GRANT.

MS. WALSH: OKAY. AND IT'S BELIEVED THAT THAT --

THE BLOCK GRANT WOULD BE SUFFICIENT TO COVER THIS UNKNOWN BUT

PROBABLY LARGE NUMBER OF INDIVIDUALS THAT WILL BE COMING INTO FOSTER

CARE THROUGH THIS?

MS. FERNANDEZ: PROBABLY NOT, BUT THAT'S THE

SOURCE OF FUNDING. SO IF THE -- THE KID NEVER LEFT AND -- AND DIDN'T NEED

TO COME BACK IT WOULD JUST CONTINUE AS IF THEY WERE STILL IN THE SYSTEM

UNTIL 21.

MS. WALSH: OKAY. ALL RIGHT. VERY GOOD. THANK

YOU SO MUCH, MS. FERNANDEZ.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MS. WALSH: I APPRECIATE THE SPONSOR'S COMMENTS

AND EXPLANATION. I THINK, YOU KNOW, THE -- THE CONCERN WITH THIS

PARTICULAR BILL -- AS I SAID, I WAS -- I WAS SUPPORTIVE OF THE BILL LAST YEAR

WHICH KIND OF TEMPORARILY ALLOWED FOR REENTRY INTO FOSTER CARE BECAUSE

OF COVID, BECAUSE OF THE CIRCUMSTANCES SURROUNDING COVID AND THE

GENUINE WORRY ABOUT HOMELESSNESS. HOMELESSNESS IS ALWAYS A WORRY.

AND THERE -- AND THERE ARE KIDS WHO GET TO BE 18 AND CANNOT WAIT TO

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CHECK THEMSELVES OUT OF FOSTER CARE. THEY WANT TO LEAVE. AND SOME OF

THEM LEAVE AND THEN THEY REGRET IT AND SO THEY DO WANT TO REENTER. AND

I -- I CAN APPRECIATE THAT. I THINK THAT SOMETIMES HAVING THAT STRUCTURE

IS BOTH A BLESSING AND A CURSE FOR A YOUNG PERSON. THEY DON'T WANT THE

RULES, THEY DON'T WANT TO HAVE TO GO TO AN EDUCATIONAL PROGRAM OR A

VOCATIONAL PROGRAM NECESSARILY. SOME KIDS. SOME WELCOME IT. SO IT'S

JUST A VERY INDIVIDUAL THING. WHAT -- WHAT DOES CONCERN ME, THOUGH,

AND THE REASON WHY THE PUBLIC WELFARE ASSOCIATION OPPOSES THIS BILL

HAD -- TWO REASONS: THE FIRST IS THAT THIS BILL, AS THE SPONSOR INDICATED,

GREATLY -- I WOULD SAY GREATLY EXPANDS THE NUMBER OF YOUNG PEOPLE THAT

WOULD BE ABLE TO TAKE ADVANTAGE OF THIS. SO IT WOULD NOT SIMPLY BE

YOUTH WHO LEFT FOSTER CARE AND NOW WANTED TO GET BACK IN. IT ALSO

INCLUDES -- AND THIS IS IMPORTANT -- IT ALSO IS GOING TO INCLUDE ADULTS

BETWEEN THE AGES OF 18 AND 20 WHO HAVE BEEN PLACED OUT OF THEIR

HOMES ON PINS -- WHICH IS AN OPERATIVE FOR PERSONS IN NEED OF

SUPERVISION -- PROCEDURES, AND JUVENILE DELINQUENTS, JDS, AND THOSE

WHO HAVE CHOSEN TO LEAVE PLACEMENT AFTER THEY TURNED 18 TO PETITION

THE COURT TO REENTER FOSTER CARE. THAT'S A WHOLE -- THAT'S A DIFFERENT KIND

OF INDIVIDUAL THAN -- THAN JUST SIMPLY SOMEBODY WHO HAD BEEN IN FOSTER

CARE BEFORE. IT REALLY DOES OPEN IT UP. SO WHAT THE PUBLIC WELFARE

ASSOCIATION SAYS IS THIS: THIS BILL WOULD ALLOW A REENTRY PETITION TO BE

FILED BY A YOUNG ADULT WHO HAD BEEN OUT OF THE HOME ON A PINS OR JD

MATTER AND NOT JUST FOR YOUNG ADULTS WHO HAD BEEN PLACED IN FOSTER

CARE DUE TO ABUSE OR NEGLECT. GIVEN THE RECENT CHANGES IN STATE LAW

RAISING THE AGE OF CRIMINAL RESPONSIBILITY, THIS BILL OPENS UP A RETURN TO

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EITHER STATE OR LOCAL FOSTER CARE FOR MANY MORE YOUTH WITHOUT FUNDING

PROVISIONS TO ACCOUNT FOR AN INCREASE IN THE FOSTER CARE PLACEMENT.

ADDITIONALLY, BY EXPANDING THE DEFINITION OF FORMER FOSTER CARE YOUTH,

THIS BILL WOULD ALLOW REENTRY PETITIONS TO BE FILED BY YOUTH WHO WERE

NEVER BEFORE IN FOSTER CARE, BUT RATHER HAD BEEN PLACED WITH OCFS

UNDER JUVENILE DELINQUENCY FINDINGS AND PLACED IN A NON-SECURE LEVEL

OF CARE SETTING. SO, THE OTHER REASON WHY THE PUBLIC WELFARE

ASSOCIATION IS OPPOSED TO THE BILL IS REALLY THE COST, WHICH IS REALLY

UNKNOWN BECAUSE WE DON'T KNOW HOW MANY - THE SPONSOR INDICATED

SHE THOUGHT THAT IT WOULD BE MANY - YOUTH WHO WOULD TAKE ADVANTAGE

OF THIS OPPORTUNITY CREATED THROUGH THIS LEGISLATION. SO THAT MONEY,

THAT COST IS BORNE BY THE LOCAL SOCIAL SERVICES DISTRICTS IN THE COUNTIES

WHERE -- WHERE THE YOUNG PERSON IS. SO THAT'S -- THAT'S JUST AN

UNDETERMINED COST THAT THEY WOULD HAVE TO BE PAYING FOR. AND I'M NOT

FAMILIAR WITH THE BLOCK GRANT THAT THE SPONSOR WAS TALKING ABOUT OR

HOW MUCH THAT IS, BUT WHILE THAT IS ONE SOURCE OF FUNDING IT'S -- IT'S

REALLY JUST UNKNOWN WHAT THAT IS. SO AGAIN, IT -- IT'S A BILL THAT WOULD BE

PASSED WHICH WOULD BE CREATING AN UNFUNDED MANDATE, YOU KNOW,

ALLOWING THE COURT TO ORDER THAT LOCAL DISTRICTS TAKE FORMER JDS AND

PINS BACK INTO FOSTER CARE OR INTO FOSTER CARE FOR THE FIRST TIME WITHOUT

PROVIDING THE FUNDING OR NECESSARY SERVICES.

SO FOR THOSE REASONS, WHILE I DID SUPPORT THE IDEA OF A

TEMPORARY SOLUTION LAST YEAR BECAUSE OF COVID, I WON'T BE SUPPORTING

THIS BILL WHICH WOULD MAKE THOSE CHANGES PERMANENT AND WHICH WOULD

ALSO EXPAND THE PROGRAM. SO I'LL BE IN THE NEGATIVE. THANK YOU VERY

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MUCH, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: THANK YOU.

MS. FERNANDEZ.

MS. FERNANDEZ: THANK YOU. ON THE BILL. I WANT

TO ADDRESS THE -- THE FUNDING CONCERN. FOR A YOUNG PERSON, A KID, TO GO

INTO THE HOMELESS SHELTER SYSTEM IT ACTUALLY WOULD COST MORE FOR THE

CITY AND THE STATE TO HELP SUPPORT THEM IN THAT SYSTEM. BUT TO GO BACK

INTO THE FOSTER CARE SYSTEM WOULD AGAIN KEEP THEM ON THE SAME BUDGET

THAT ALREADY EXISTED. AND WE DID GET MORE MONEY THIS YEAR WITH THE --

THE STIMULUS PACKAGE THAT WE DIVVIED UP IN THE BUDGET THIS YEAR. BUT IT

MUST BE KNOWN THAT THIS WAS A PROBLEM BEFORE COVID. COVID, LIKE

MANY OTHER ISSUES, IT JUST COMPLETELY EXASPERATED IT AND MADE IT WORSE.

SO THIS IS A REAL NEED FOR YOUNG PEOPLE, KIDS, WHO NEED TO HAVE A STABLE

HOME TO BE ABLE TO START THEIR LIFE IN THE HEALTHIEST WAY POSSIBLE. SO

THIS BILL IS NEEDED TO MAKE SURE THAT KIDS ARE SAFE, THAT THEY'RE IN SAFE

AND STABLE HOMES AND CAN CONTINUE THEIR EDUCATION AND THEN THUS LOOK

FOR A JOB. BUT IT WILL NOT -- IT IS CHEAPER THAN GOING INTO THE HOMELESS

SYSTEM, AND IT WOULD CONTINUE TO PROTECT YOUNG PEOPLE.

SO I SUPPORT THIS BILL, OBVIOUSLY. I ASK MY -- MY

MEMBERS IN THE -- THE CONFERENCE HERE OR ON THE FLOOR TO SUPPORT IT

BECAUSE WE NEED TO GIVE YOUNG PEOPLE A REAL FIGHTING CHANCE AT A

STABLE LIFE, AND THAT STARTS WITH A ROOF OVER THEIR HEAD.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 7179. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. THE

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE

REASONS MENTIONED BY MY COLLEAGUE. THOSE WHO SUPPORT IT SHOULD CALL

THE MINORITY LEADER'S OFFICE AND WE WILL PROPERLY RECORD YOUR VOTE.

THANK YOU.

ACTING SPEAKER ZEBROWSKI: MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. I'D LIKE TO REMIND

MY COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE

RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS PLEASE CONTACT

THE MAJORITY LEADER'S OFFICE AND -- AT THE NUMBER PREVIOUSLY PROVIDED

AND WE WILL THEN ANNOUNCE YOUR NAME ACCORDINGLY.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 24, RULES REPORT NO. 702, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01932-B, RULES

REPORT NO. 702, CARROLL, ABBATE, STIRPE, REYES, TAYLOR, CYMBROWITZ,

DICKENS, ENGLEBRIGHT, D. ROSENTHAL, GALEF, GOTTFRIED, DESTEFANO,

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NYS ASSEMBLY JUNE 10, 2021

RAMOS, MIKULIN, SAYEGH, SMITH, WILLIAMS, COOK, ABINANTI, QUART,

SEAWRIGHT, REILLY, B. MILLER, ROZIC, FERNANDEZ, EPSTEIN, CRUZ, STECK,

PHEFFER AMATO, PICHARDO, RA, BENEDETTO, BYRNE, JACOBSON, HYNDMAN,

PERRY, THIELE, SOLAGES, LAVINE, STERN, GRIFFIN, JONES, BUTTENSCHON,

BRAUNSTEIN, FALL, FRONTUS, PAULIN, L. ROSENTHAL, WALLACE, DILAN,

AUBRY, JEAN-PIERRE, DARLING, WALKER, ANDERSON, JACKSON. AN ACT TO

AMEND THE GENERAL BUSINESS LAW AND THE VEHICLE AND TRAFFIC LAW, IN

RELATION TO DESIGNATING NEW AUTOMOTIVE BROKER BUSINESSES.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 1932-B. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. CARROLL TO EXPLAIN HIS VOTE.

MR. CARROLL: THANK YOU, MR. SPEAKER. THE

PURPOSE OF THIS BILL IS TO PROVIDE CONSUMER PROTECTIONS FOR THOSE WHO

HAVE -- WHO -- THOSE WHO LOOK TO HAVE A BROKER ACT ON THEIR BEHALF IN

SEARCHING FOR A VEHICLE. THE BILL CONTAINS A SECTIONS THAT PROVIDES

REASONABLE PROTECTIONS FOR ONLINE AUTO RETAILERS WHO POST OFFERS FOR

VEHICLES ON THEIR WEBSITES FROM INDIVIDUALS OR DEALERS OR WHO

AGGREGATE OFFERS FROM MULTIPLE DEALERS, GIVING CONSUMERS A BROAD

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RANGE OF CHOICE FROM VARIOUS DEALERS INSTANTLY. SUCH NEED GENERATIONS

ARE AN IMPORTANT PART OF CONSUMER OPTIONS THAT THIS BILL WOULD NOT

AFFECT.

THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE AND

I HOPE MY COLLEAGUES DO THE SAME.

ACTING SPEAKER ZEBROWSKI: MR. CARROLL IN

THE AFFIRMATIVE.

AND MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. INITIALLY THERE

WERE SOME CONCERNS OVER WHETHER OR NOT THIS LEGISLATION WOULD

INADVERTENTLY PROHIBIT ONLINE PURCHASES WITH COMPANIES LIKE, YOU

KNOW, AUTOTRADER OR CARS.COM OR THINGS OF THAT NATURE. THERE IS A

SPECIFIC REFERENCE IN THE BILL THAT EXCLUDES THOSE TYPES OF TRANSACTIONS,

AND WITH THAT CLEAR LANGUAGE I WILL BE SUPPORTING THE BILL AND

RECOMMEND IT TO MY COLLEAGUES.

THANK YOU.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN

THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUE MR. TANNOUSIS IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY JUNE 10, 2021

THE BILL IS PASSED.

PAGE 30, RULES REPORT NO. 734, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07874-A, RULES

REPORT NO. 734, HUNTER. AN ACT TO AMEND THE VEHICLE AND TRAFFIC

LAW, IN RELATION TO THE SUSPENSION OF A LICENSE TO DRIVE A MOTOR VEHICLE

OR MOTORCYCLE.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

(PAUSE)

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER ZEBROWSKI: DOES THE

SPONSOR YIELD?

MS. HUNTER: YES.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

YIELDS.

MR. GOODELL: THANK YOU, MS. HUNTER. AS I

UNDERSTAND IT, THIS LEGISLATION WOULD ALLOW AN INDIVIDUAL WHO HAS A

TRAFFIC FINE TO ENTER INTO AN INSTALLMENT PAYMENT PLAN IN ORDER TO PAY THE

FINE AND THEREBY AVOID A SCOFFLAW SUSPENSION OF THEIR LICENSE OR

REGISTRATION, CORRECT?

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NYS ASSEMBLY JUNE 10, 2021

MS. HUNTER: CORRECT. AS -- AS YOU REMEMBER, IN

2019 WHEN WE FIRST INTRODUCED THE BILL WE HAD LENGTHY CONVERSATIONS

RELATIVE TO FAILURE TO APPEAR AND FAILURE TO PAY. WE NEGOTIATED UNTIL THE

WEE HOURS OF NEW YEAR'S EVE, I BELIEVE, IN ORDER TO GET TO A BILL THAT

MANY OF YOUR MEMBERS ACTUALLY HAD TO LIVE WITH. AND SINCE THAT TIME -

AND WE'RE NEARING UP TO THE EFFECTIVE DATE OF THIS BILL - THERE HAVE BEEN

SOME CONCERNS FROM THE COURTS RELATIVE TO THE INTERPRETATION FOR THE

FOLKS WHO FAILURE TO APPEAR AND WANTING TO MAKE SURE THEY HAVE THE

OPPORTUNITY TO BE ABLE TO BE IN A PAYMENT PLAN TO HAVE THEIR LICENSE

REINSTATED. THAT'S SIMPLY THE -- THE CHANGE OF THIS PIECE OF LEGISLATION.

MR. GOODELL: THANK YOU, AND I APPRECIATE THAT

EXPLANATION.

I HAD A COUPLE OF QUESTIONS -- QUESTIONS, I HOPE, ON

THE SPECIFIC ASPECTS. IN GENERAL, I SUPPORT THE CONCEPT OF A PAYMENT

PLAN BECAUSE IT ENABLES SOMEONE WITH LIMITED MEANS TO CONTINUE

DRIVING WHILE PAYING A FINE AND SURCHARGE AND ALL THE OTHER EXPENSES.

BUT WHAT HAPPENS IF THE INDIVIDUAL SIGNS A PAYMENT PLAN AND THEN

DOESN'T MAKE ANY PAYMENTS?

MS. HUNTER: WELL, THERE'S TWO THINGS I'D LIKE TO

MAKE MENTION ABOUT THAT. THE ORIGINAL REASON FOR THIS BILL WAS TO TAKE

AWAY THE PUNITIVE DAMAGE OF HAVING YOUR LICENSE SUSPENDED FOR

OUTSTANDING TRAFFIC FINES AND FEES. SO WE TOOK THAT AWAY. BUT THERE IS

RECOURSE FOR SOMEONE WHO IF THEY DON'T PAY, THERE'S COLLECTION, THERE'S

WAGE GARNISHMENT. THAT -- THERE'S ALL OF THOSE RECOURSES THAT ONE CAN

RETRIEVE IF SOMEONE DOESN'T FULFILL THEIR OBLIGATION WITH THE PAYMENT

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NYS ASSEMBLY JUNE 10, 2021

PLAN.

MR. GOODELL: AND AM I CORRECT - I'M LOOKING AT

PAGE 4 - IT LOOKS LIKE IT SAYS A COURT HEARING OFFICER OR THE

COMMISSIONER OF MOTOR VEHICLES SHALL NOT SUSPEND A PERSON'S DRIVER'S

LICENSE OR PRIVILEGES FOR FAILURE TO MEET THEIR PAYMENT OBLIGATIONS

UNDER AN INSTALLMENT PAYMENT PLAN, CORRECT?

MS. HUNTER: THAT IS CORRECT. AGAIN, THAT GOES TO

THE WHOLE PREMISE OF THE ORIGINAL BILL TAKING AWAY SUSPENSION OF

LICENSES FOR FAILURE TO -- FOR FINES AND FEES RELATED TO DRIVING AND TRAFFIC

INFRACTIONS.

MR. GOODELL: IF THE DEFENDANT WANTS TO, AM I

CORRECT, THAT THEY CAN ASK FOR A DIFFERENT PAYMENT PLAN?

MS. HUNTER: YES. A COUPLE TIMES PER YEAR THEY

COULD GO BACK TO THE COURT, SHOW DOCUMENTATION SAYING THAT PERHAPS,

YOU KNOW, THEY MAKE LESS MONEY, MAYBE THEY MAKE MORE MONEY AND

THEY WANT TO BE ABLE TO PAY MORE OFF. BUT AGAIN, THIS WAS SUPPOSED TO

ALLOW PEOPLE, JUST LIKE YOU WOULD WITH ANY OTHER FINANCIAL OBLIGATION,

TO REINSTATE THEIR DRIVER'S LICENSE AND -- AND HAVE THE ABILITY TO HAVE A

PAYMENT PLAN.

MR. GOODELL: AND AM I CORRECT, THEN, THAT IF A

PERSON SIMPLY BLOWS OFF THE COURT, DOESN'T SHOW UP AT ALL, IS IN DEFAULT,

THE COURT CAN THEN SUSPEND THEIR LICENSE?

MS. HUNTER: CORRECT.

MR. GOODELL: AND IF THEY SHOW UP AND PLEAD

GUILTY, THE COURT HAS TO OFFER THEM AN INSTALLMENT PAYMENT PLAN?

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NYS ASSEMBLY JUNE 10, 2021

MS. HUNTER: CORRECT.

MR. GOODELL: AND IF THEY DON'T PAY ON THE

INSTALLMENT PAYMENT PLAN, THEIR LICENSE CAN'T BE SUSPENDED. SO BY

SIGNING AN INSTALLMENT PAYMENT PLAN THEY AVOID ANY LICENSE

SUSPENSION?

MS. HUNTER: THAT IS CORRECT. BUT AGAIN, THERE'S

RECOURSE BECAUSE THEY COULD HAVE WAGE GARNISHMENT COLLECTION AND

ANY OTHER ACTIVITIES IN ORDER TO -- TO RETRIEVE THE MONEY.

MR. GOODELL: AND ALL THOSE OTHER ACTIVITIES,

WAGE GARNISHMENT, JUDGMENT, THEY ALL EXIST FOR THE PERSON WHO ALSO

SIMPLY DOESN'T SHOW UP, RIGHT?

MS. HUNTER: CORRECT.

MR. GOODELL: THANK YOU. I APPRECIATE YOUR

COMMENTS AND CLARIFICATION ON THE BILL.

MR. SPEAKER?

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. GOODELL: LAST YEAR WE HAD A BILL THAT

PROVIDED THAT YOU COULD JUST IGNORE ANY TRAFFIC TICKETS AND THE COURTS

ABSOLUTELY LACK ANY POWER TO SUSPEND YOUR LICENSE. AND THERE WAS A

GREAT DEAL OF CONCERN THAT PEOPLE WOULD SIMPLY IGNORE THE TRAFFIC

TICKETS AND -- AND JUST KEEP DRIVING IN AN ERRATIC MANNER. AND OF

COURSE WE ALL KNOW THAT THE PURPOSE OF THESE FINES IS TO PROVIDE A

FINANCIAL INCENTIVE FOR PEOPLE THAT DRIVE THE RIGHT SPEED DURING WORK

ZONE, FOR EXAMPLE, OR TO STOP AT STOP SIGNS OR DRIVE IN A REASONABLE

MANNER. AND SO IF YOU ELIMINATE ANY ENFORCEMENT OR ANY PRACTICAL

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NYS ASSEMBLY JUNE 10, 2021

ENFORCEMENT YOU ALSO ELIMINATE ALL THAT DETERRENT EFFECT. AND THEN

THERE WAS A CHAPTER AMENDMENT, AND THE CHAPTER AMENDMENT RESTORED

THE RIGHT TO SUSPEND THE LICENSE BUT MADE IT CLEAR THAT YOU COULD HAVE

AN INSTALLMENT AGREEMENT. AND I SUPPORTED THAT CHAPTER AMENDMENT

BECAUSE I THOUGHT IT WAS A GOOD BALANCE. PROVIDE AN INSTALLMENT

PAYMENT PLAN FOR SOMEONE WHO IS LACKING MONEY BUT MAINTAINING YOUR

ENFORCEMENT. WELL, THIS BILL GOES BACK, IF YOU WILL, BACK TO THE FUTURE.

BACK TO THE ORIGINAL CONCEPT OF -- AND A PERSON WHO SHOWS UP, PLEADS

GUILTY TO SAY SPEEDING IN A WORK ZONE, AFTER PLEADING GUILTY PROMISES IN

WRITING TO PAY THE INSTALLMENT PAYMENT AND THEN WALKS AND NEVER

MAKES A SINGLE PAYMENT. THAT PERSON, UNDER THIS BILL, WILL ALWAYS HAVE

THEIR DRIVER'S LICENSE SO THAT THEY CAN CONTINUE TO DRIVE AS THEY WISH.

AND I THINK HAVING THAT SUSPENSION IS AN IMPORTANT COMPONENT OF

ENSURING THAT PEOPLE WHO ARE SPEEDING THROUGH WORK ZONES OR

SPEEDING THROUGH SCHOOL ZONES OR ENDANGERING THE LIVES OF OTHERS OR

DRIVING DRUNK ACTUALLY PAY THE FINE AND FACE THE INCENTIVE NOT TO

ENGAGE IN THAT DANGEROUS BEHAVIOR IN THE FUTURE.

FOR THAT REASON I CANNOT SUPPORT THIS AND I

RECOMMEND MY COLLEAGUES ALSO VOTE AGAINST IT. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 7053. THIS IS A PARTY VOTE. ANY

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NYS ASSEMBLY JUNE 10, 2021

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN

RECORD YOUR VOTE.

THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

OF LEGISLATION. HOWEVER, THERE MAY BE A FEW OF US THAT WOULD LIKE TO

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

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

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER ZEBROWSKI: MS. HUNTER TO

EXPLAIN HER VOTE.

MS. HUNTER: YES, THANK YOU, MR. SPEAKER. I JUST

WANT TO BE ON THE RECORD THAT WE HAVE CHANGED NOTHING THAT WAS AGREED

UPON FROM THE CHAPTER AMENDMENT. ALL OF WHAT WAS NEGOTIATED TO THE

VERY END STILL STANDS. THE ONLY CHANGE IS ALLOWING THOSE FOLKS WHO

HAVE A FAILURE TO APPEAR TO COMPLETELY SHOW TO THE COURTS THAT THEY ARE

ABLE TO BE -- TO GET A PAYMENT PLAN, INSTALLMENT PAYMENT PLAN, AND HAVE

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THEIR LICENSE REINSTATED. THERE IS NO PARTS OF WHAT WAS NEGOTIATED FROM

THE CHAPTER AMENDMENT. WE SCRUBBED THROUGH THAT TO MAKE SURE WE

WEREN'T SLIPPING SOMETHING IN, BUT THE ONLY CHANGE WAS TO MAKE SURE

THE COURTS KNEW THAT THOSE FOLKS WHO HAD A FAILURE TO APPEAR WERE ABLE

TO ACTUALLY GET INTO AN INSTALLMENT PAYMENT PLAN. AND AGAIN, THIS GOES

BACK TO THE FOUNDATION OF THE BILL, WHICH IS NOT TO PENALIZE PEOPLE WITH

OUTSTANDING FINES AND FEES FOR TRAFFIC VIOLATIONS. AND THIS DOES NOT AND

DID NOT AND STILL CONTINUES NOT TO HAVE ANYTHING TO DO WITH FOLKS WHO

ARE DRUNK DRIVERS.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MS. HUNTER IN

THE AFFIRMATIVE.

MR. MORINELLO.

MR. MORINELLO: ON THE BILL.

ACTING SPEAKER ZEBROWSKI: TO EXPLAIN

YOUR VOTE, MR. MORINELLO.

MR. MORINELLO: I'M SORRY, EXPLAIN -- EXPLAIN MY

VOTE. THIS, I BELIEVE, IS THE THIRD AMENDMENT TO THIS BILL, AND I THINK

WITH ALL THE AMENDMENTS THINK WE'VE COVERED MOST THINGS. THE ONLY

THING ON THIS ONE PARTICULAR BILL, IT DOES PROVIDE IF THERE'S A PAYMENT

PLAN THAT THE LICENSE CAN BE RESTORED. MY CONCERN IS IF THEY MAKE TWO

PAYMENTS, GET THEIR LICENSE AND THEY RENEGE ON THE BALANCE BUT THEY

HAVE THE FINANCIAL WHEREWITHAL TO MAKE -- CONTINUE THE PAYMENTS, THERE

-- I DON'T SEE ANY PENALTY IN IT. I DO SUPPORT IT BECAUSE MY COLLEAGUE

HAS BEEN VERY GOOD IN WORKING TOWARDS A FINALIZATION ON SOME OF THE

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OPEN ENDS ON IT. AND ON THAT I WOULD ASK THAT MAYBE THAT ONE ISSUE

AGAIN. I'M SORRY THAT WE HAVE TO KEEP AMENDING, BUT IF THEY CAN AFFORD

IT THEY SHOULD NOT HAVE THE PRIVILEGE. THANK YOU.

AND WITH THAT I DO VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ZEBROWSKI: MR. MORINELLO

IN THE AFFIRMATIVE.

MRS. PEOPLES-STOKES.

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

PLEASE LIST OUR COLLEAGUE MS. BUTTENSCHON AS A NEGATIVE ON 7874 [SIC].

ACTING SPEAKER ZEBROWSKI: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 26, RULES REPORT NO. 714, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06177-A, RULES

REPORT NO. 714, SEPTIMO, FORREST, SIMON. AN ACT TO AMEND THE

ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO REDUCING EMISSIONS OF

AIR POLLUTANTS FROM PETROLEUM BULK STORAGE FACILITIES.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED.

MR. MORINELLO.

MR. MORINELLO: CAN WE HAVE AN EXPLANATION,

PLEASE?

ACTING SPEAKER ZEBROWSKI: AN EXPLANATION

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IS REQUESTED, MS. SEPTIMO.

MS. SEPTIMO: SO, THIS BILL WOULD REQUIRE ALL

ABOVEGROUND BULK PETROLEUM STORAGE TANKS TO BE PAINTED WHITE OR

BEIGE TO MINIMIZE SUNLIGHT ABSORPTION AND HELP REDUCE EMISSIONS OF

HAZARDOUS AIR POLLUTANTS. THIS IS A COST-PRACTICAL WAY TO HELP IMPROVE

THE HEALTH AND SAFETY OF COMMUNITIES NEAR THESE FACILITIES BY

ADDRESSING A SIGNIFICANT CONTRIBUTOR TO HAZARDOUS AIR POLLUTANTS.

MR. MORINELLO: IS THE SPONSOR AWARE OF THE

MAKE UP --

ACTING SPEAKER ZEBROWSKI: MR. MORINELLO

MR. MORINELLO: I'M SORRY.

ACTING SPEAKER ZEBROWSKI: MS. SEPTIMO,

WILL YOU YIELD?

MR. MORINELLO: YEAH, I'M SORRY.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

WILL YIELD.

MR. MORINELLO: WILL THE SPONSOR YIELD FOR A

COUPLE OF QUESTIONS?

MS. SEPTIMO: YES.

MR. MORINELLO: IT'S GETTING LATE AND --

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

YIELDS.

MR. MORINELLO: IS THE -- IS THE SPONSOR AWARE OR

HAS DONE ANY STUDIES INTO THE CONSTRUCTION OF THESE TANKS?

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MS. SEPTIMO: SO, THIS IS ACTUALLY -- THIS BILL IS

ACTUALLY RELATED TO THE COLORING OF THE TANKS, NOT THE CONSTRUCTION OF

THEM. AND THE EPA HAS DONE MODELING AROUND THIS TO STUDY THE FACT

THAT EMISSIONS VARY BASED ON THE PAINT COLOR OF THE TANKS, NOT THE

CONSTRUCTION.

MR. MORINELLO: BUT THE REASON FOR THE PAINT

COLOR IS TO TRY AND AVOID INTERNALLY -- INTERNAL TEMPERATURES RISING, AM I

CORRECT?

MS. SEPTIMO: SORT OF. HOT TEMPERATURES CAN CAUSE

THE PRODUCT TO BURN OFF THE PETROLEUM TANKS, RESULTING IN HIGHER

EMISSIONS. AND SO DARKER COLORED TANKS ABSORB MORE HEAT AND SO THIS

IN AN EFFORT TO MAKE SURE THE TANKS ARE COLORED A LIGHT COLOR SO AS TO

ABSORB LESS HEAT AND THEREBY ALLOW LESS POLLUTANTS AND LESS EMISSIONS.

MR. MORINELLO: ALL RIGHT. IS THE SPONSOR AWARE

THAT THESE TANKS ARE INSULATED EITHER INTERNALLY OR EXTERNALLY FOR THAT

PARTICULAR REASON SO THAT THEY DO NOT RAISE IN TEMPERATURE?

MS. SEPTIMO: WELL, AGAIN, ACCORDING TO EPA'S

MODELING, THE TEMPERATURE OF THESE TANKS DOES RISE AND THERE IS A

DIFFERENCE IF THEY ARE COLORED A LIGHT COLOR OR DARK ONE.

MR. MORINELLO: WELL, IF YOU'RE THE SPONSOR AND

YOU'RE PROPOSING AND A BILL AND I'M ASKING QUESTIONS BECAUSE I NEED TO

KNOW WHETHER OR NOT THE BILL IS -- THAT THE -- THE BILL REALLY AFFECTS WHAT

THE GOAL IS. AND IF THE GOAL IS TO KEEP THE TEMPERATURE DOWN, WHEN

THEY'RE CONSTRUCTED, THEY'RE CONSTRUCTED AND INSULATED FOR THAT REASON.

MS. SEPTIMO: SURE. I AM THE SPONSOR OF THE BILL

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AND I'M ANSWERING YOUR QUESTION TO LET YOU KNOW THAT DESPITE THIS

INSULATION, THE EPA HAS MODELED AND STUDIED THE FACT THAT THESE TANKS

DO STILL HEAT UP AND THEREBY RELEASE MORE POLLUTANTS BECAUSE OF THAT.

SO THIS PAINT -- THIS PAINT -- THIS EFFORT TO MAKE SURE THEY'RE PAINTED A

LIGHT COLOR IS TO MITIGATE THAT PROBLEM.

MR. MORINELLO: ALL RIGHT. SO WE KNOW THAT A

DARK TANK OR BLACK IN COLOR ABSORBS HEAT, CORRECT?

MS. SEPTIMO: I'M SORRY, REPEAT THAT.

MR. MORINELLO: WELL, IF IT'S A DARK COLOR, OKAY, IT

ABSORBS HEAT.

MS. SEPTIMO: MORE HEAT.

MR. MORINELLO: IF IT'S A LIGHT COLOR IT DOESN'T

ABSORB, BUT IT DOESN'T REFLECT, CORRECT?

MS. SEPTIMO: IT DOESN'T ABSORB AS MUCH HEAT.

MR. MORINELLO: I'M SORRY, I'M HAVING TROUBLE

UNDERSTANDING WITH THE MASK. I APOLOGIZE. I KNOW IT'S NOT YOUR FAULT.

MS. SEPTIMO: SURE. SURE. IT -- IT ABSORBS LESS HEAT

PAINTED A LIGHTER COLOR. I'LL TRY TO SPEAK UP.

MR. MORINELLO: YEAH, BUT THE LIGHT COLOR DOES

NOT REFLECT BUT IT DOESN'T ABSORB, AM I CORRECT? I MEAN, THAT'S BASIC

SCIENCE. I LEARNED THAT IN KINDERGARTEN.

MS. SEPTIMO: SURE. IF --

MR. MORINELLO: YOU KNOW, (INAUDIBLE).

ORANGE, YELLOW, GREEN, BLUE, INDIGO, VIOLET.

MS. SEPTIMO: IT'S A PAINT, SURE.

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MR. MORINELLO: ALL RIGHT. SO NOW MOST OF THESE

TANKS ARE SILVER, WHICH REFLECTS THE SUNLIGHT AND REFLECTS THE HEAT. SO I

FIND IT -- I'M TRYING TO UNDERSTAND WHY THEY WANT THEM ALL WHITE OR

BEIGE WHEN THEY WANT TO REDUCE THE AMOUNT OF TEMPERATURE FOR TWO

REASONS: ONE, THEY'RE ALREADY INSULATED. NUMBER TWO, MOST OF THEM

ARE SILVER BECAUSE SILVER REFLECTS THE HEAT. SO I'M STILL TRYING TO

UNDERSTAND WHY IN THIS BODY THEY PUT A BILL TOGETHER THAT DOESN'T SEEM

TO FOLLOW THE SCIENCE OF HEAT, THE SCIENCE OF THE SUN AND THE SCIENCE OF

INSULATION, AND THAT'S WHAT I'M TRYING TO GET AT. I JUST DON'T UNDERSTAND

IT.

MS. SEPTIMO: SURE, MR. MORINELLO. BUT I THINK

YOU MIGHT HAVE TO TAKE THAT UP, AGAIN, WITH THE EPA'S MODELING.

MR. MORINELLO: YEAH, BUT THE EPA IS NOT HERE.

YOU'RE SPONSORING THE BILL AND IT'S YOUR OBLIGATION TO LET ME KNOW WHY

YOU'RE SPONSORING IT AND WHY YOU WANT TO PUT THIS ECONOMIC BURDEN ON

THE CITIZENS OF THE STATE.

MS. SEPTIMO: OKAY. AND SO, AS THE SPONSOR ONCE

AGAIN I'M GOING TO JUST REITERATE THAT I'M SORRY THAT YOU DON'T HAVE

CONFIDENCE IN THE EPA'S MODELING, BUT I DO. AND THIS IS, ONCE AGAIN,

IN AN EFFORT TO MAKE SURE THAT THESE TANKS REDUCE -- WOULD REDUCE THE

AMOUNT OF AIR POLLUTANTS --

MR. MORINELLO: AND COULD YOU --

MS. SEPTIMO: -- AND KNOWN HUMAN CARCINOGENS,

BY THE WAY. AND SO THIS IS ACTUALLY TO PROTECT THE RESIDENTS IN THESE

COMMUNITIES. NOT TO BURDEN ANYONE, BUT TO PROTECT THEM FROM AIR THAT

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QUITE LITERALLY MIGHT KILL THEM.

MR. MORINELLO: WELL, OKAY. SO WHAT YOU'RE --

THE POINT IS THAT THEY MAY NOT BE DOING THIS RIGHT NOW, SO YOU FEEL.

NOW, WHAT DO WE -- WHY -- WHY WOULD YOU WANT -- WHY WOULD THIS BE

OBLIGATED AND WHY WOULD A COMPANY BE OBLIGATED TO EXPEND MONIES

ON TANKS THAT ARE NOT IN USE AND THEY ARE EMPTY?

MS. SEPTIMO: DO THEY HAVE -- SO, TANKS THAT ARE

NOT IN USE WOULD STILL HAVE CONTENT WITHIN THEM THAT WOULD BE EMITTING

AIR POLLUTANTS.

MR. MORINELLO: WELL, USUALLY EMPTY MEANS

THERE'S NOTHING IN THEM, SO...

MS. SEPTIMO: BUT THESE ARE STORAGE UNITS.

MR. MORINELLO: RIGHT. BUT IF IT'S NOT IN USE AND

IT'S EMPTY, OKAY, BUT THEY STILL HAVE TO BE PAINTED. NOW HOW DOES THIS

FIT IN WITH REGULATIONS AND CODE OF VARIOUS TOWNS AND CITIES THAT

DETERMINE WHAT THE COLOR SHOULD BE TO BLEND IN WITH THE ENVIRONMENT?

MS. SEPTIMO: THIS IS GOVERNED BY THE DEC AND

NOT THE LOCAL GOVERNMENTS, SO --

MR. MORINELLO: ALL RIGHT. THEN MAYBE WE

SHOULD HAVE SOMEBODY FROM THE EPA HERE SO HE CAN ANSWER THE

QUESTIONS. THANK YOU.

ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. MORINELLO: NOW, IT'S GETTING LATE, WE'RE AT

THE LAST EVENING, BUT AT THIS POINT I THINK IT WOULD BE IMPORTANT IF THE

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SPONSORS COULD ANSWER THE QUESTIONS AND NOT REFER US TO OTHER AGENCIES

THAT AREN'T HERE THAT CAN'T ANSWER THE QUESTIONS. MY JOB AS A LEGISLATOR

IS TO LOOK AT THE BILLS, TO LOOK AT WHAT THE PURPOSES ARE AND MAKE THE

DETERMINATION WHETHER THEY'RE NECESSARY OR NOT. WHETHER IT'S LIKE

PUTTING SUSPENDERS AND A BELT ON AND I'M NOT GETTING THAT. I DON'T THINK

IT'S FAIR TO THE BUSINESSES IN THIS STATE TO KEEP PUTTING FINANCIAL BURDENS

ON THEM WITHOUT LOGICAL, REASONABLE ANSWERS FROM THE SPONSORS OF THE

BILLS IN THIS LEGISLATURE. AND FOR THAT REASON -- WELL, I'M JUST SPEAKING

ON THE BILL, SO I WILL VOTE LATER.

THANK YOU VERY MUCH.

ACTING SPEAKER ZEBROWSKI: MR.

MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS, PLEASE?

ACTING SPEAKER ZEBROWSKI: WILL THE

SPONSOR YIELD?

MS. SEPTIMO: YES.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

YIELDS.

MR. MANKTELOW: GOOD EVENING. SO AGAIN,

EXPLAIN THE TWO COLORS THAT WOULD HAVE TO GO ON THE TANKS.

MS. SEPTIMO: THE COLORS WOULD BE WHITE, BEIGE OR

CREAM.

MR. MANKTELOW: OKAY. SO, I DON'T KNOW IF YOU

KNOW THIS BUT A LOT OF THE NEW TANKS THAT ARE COMING THROUGH, AS MY --

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AS MY COLLEAGUE SAID, THAT THEY ARE INSULATED. THEY ARE DIKED, THEY'RE

INSIDE OF A DIKE SO YOU DON'T GET ANY SPILLAGE. AND A LOT OF THEM ARE

PAINTED A LIGHT GRAY. SO THESE NEW TANKS THAT ARE COMING IN THAT ARE

THAT COLOR, WELL, WHAT HAPPENS IN THIS SITUATION?

MS. SEPTIMO: UNDER THIS BILL, THIS BILL WOULD

PROHIBIT THE OWNERSHIP OR OPERATION OF A BULK PETROLEUM FACILITY

CONTAINING A PETROLEUM TANK --

MR. MANKTELOW: I'M SORRY. I'M SORRY, I CAN'T

HEAR YOU.

MS. SEPTIMO: SO THIS BILL WOULD -- THIS BILL WOULD

PROHIBIT THE OWNERSHIP OR OPERATION OF A BULK PETROLEUM FACILITY

CONTAINING A PETROLEUM TANK THAT IS NOT PAINTED EITHER WHITE, BEIGE OR

CREAM.

MR. MANKTELOW: SO ALL OF THESE TANKS THAT ARE

OUT THERE IN NEW YORK STATE THAT ARE A LIGHT GRAY OR A GRAY --

MS. SEPTIMO: THEY NEED TO BE WHITE, BEIGE OR

CREAM. THOSE ARE THE THREE COLORS.

MR. MANKTELOW: HAVE -- HAVE YOU REACHED OUT

TO ANY OF THE MANUFACTURERS OF THESE TANKS?

MS. SEPTIMO: I HAVEN'T PERSONALLY SPOKEN WITH

THEM.

MR. MANKTELOW: BECAUSE I'D HATE TO PUT THIS

BURDEN -- I'D REALLY HATE TO PUT THIS BURDEN ON A BUSINESS THAT GOES OUT

AND BUYS A BRAND-NEW TANK THAT IS INSULATED, THAT IS DIKED FOR SAFETY SO

THERE'S NO SPILLAGE. AND THEY'RE THOUSANDS AND THOUSANDS AND

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THOUSANDS OF DOLLARS. THEY'RE GOING TO BRING THAT INTO MY BUSINESS AND

NOW I'VE GOT TO TURN AROUND AND PAINT IT THE COLOR -- WHO CHOSE THE

COLORS?

MS. SEPTIMO: THE -- SO JUST TO YOUR POINT, THIS WILL

ACTUALLY LIMIT EVAPORATION LOSS, WHICH WILL ACTUALLY HELP THESE BUSINESS

OWNERS IN THE LONG TERM IN TERMS OF MAINTAINING THEIR PRODUCT. AND

ONCE AGAIN, YOU MENTIONED A BURDEN. THIS IS ACTUALLY TO LIMIT THE

BURDEN ON PEOPLE WHO LIVE IN SURROUNDING COMMUNITIES WHO BECAUSE

OF POLLUTANTS THAT ARE RELEASED IN THE AIR THROUGH THESE STORAGE FACILITIES

ARE DEALING WITH NON-HUMAN CARCINOGENS, LIKE BENZINE, AMONG OTHERS.

MR. MANKTELOW: I HEARD ABOUT HALF OF THAT, BUT

IT'S JUST HARD TO HEAR. I'M SORRY. SO -- SO BACK TO MY QUESTION. WELL,

MAYBE YOU ANSWERED IT, MAYBE I DIDN'T HEAR YOU. IF I DIDN'T, I

APOLOGIZE. WHO CHOSE THE COLORS THAT THE TANKS HAVE TO BE PAINTED?

MS. SEPTIMO: THIS, AGAIN, IS BASED OFF OF EPA

MODELING.

MR. MANKTELOW: SO -- SO IF THE EPA IS SO

INVOLVED IN THIS, I'M SURE THEY'RE OVERSEEING THE MANUFACTURING OF NEW

TANKS THAT ARE BEING BROUGHT TO FARMS, TO BUSINESSES, TO GAS STATIONS, TO

-- TO WHEREVER, TO DIESEL GENERATORS ON MANY OF THE FACILITIES.

MS. SEPTIMO: FARMS ARE EXEMPT, BUT --

MR. MANKTELOW: PARDON ME?

MS. SEPTIMO: I SAID FARMS ARE EXEMPT UNDER THIS

BILL, BUT YES.

MR. MANKTELOW: NO, I'M ALL SET. I'M JUST

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KIDDING. BUT FARMS ARE EXEMPT?

MS. SEPTIMO: YES.

MR. MANKTELOW: OKAY. BUT BACK TO MY

QUESTION. IF -- IF THE EPA IS ALLOWING THE MANUFACTURING OF THESE TANKS

AND BEING PAINTED GRAY, WHY WOULD YOU PUT -- WHY WOULD WE PUT THAT

COST ON A BUSINESS?

MS. SEPTIMO: WELL, ONCE AGAIN, THIS IS AN EFFORT TO

PROMOTE BETTER AIR QUALITY. AND SO THIS IS JUST A STEP FORWARD IN THE

DIRECTION TOWARDS CLEANER AIR, ONCE AGAIN, TO PROTECT THE SURROUNDING

COMMUNITIES THAT ARE EXPOSED TO HARMFUL AIR POLLUTANTS BECAUSE OF

TANKS THAT OVERHEAT.

MR. MANKTELOW: HAVE YOU -- HAVE YOU EVER

BEEN AROUND ONE OF THESE NEW TANKS?

MS. SEPTIMO: YES. I'VE -- YES.

MR. MANKTELOW: YOU HAVE? DO YOU SMELL

STUFF COMING OUT OF THOSE TANKS?

MS. SEPTIMO: I DO NOT SMELL THINGS, THERE ARE MANY

KNOWN CARCINOGENS THAT ARE ODORLESS.

MR. MANKTELOW: I'M SORRY, SAY THAT ONE MORE

TIME. THERE ARE MANY THINGS THAT ARE ODORLESS?

MS. SEPTIMO: THERE ARE MANY KNOWN CARCINOGENS

AND OTHER AIR POLLUTANTS THAT ARE ODORLESS.

MR. MANKTELOW: AND DIESEL FUEL.

MS. SEPTIMO: SURE. I'M -- SO I DON'T KNOW

UNDERSTAND THE QUESTION. I'M SORRY.

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MR. MANKTELOW: THOSE THINGS YOU JUST SAID, ARE

THEY IN DIESEL FUEL?

MS. SEPTIMO: YES.

MR. MANKTELOW: OKAY. ALL RIGHT.

ONE LAST QUESTION ON THIS. WHO CHOSE THE AMOUNT OF

THE FINE?

MS. SEPTIMO: WHO CHOSE THE WHAT? I'M SORRY.

MR. MANKTELOW: WHO CHOSE THE AMOUNT OF THE

FINE?

MS. SEPTIMO: THESE PENALTIES ARE THE SAME THAT

THEY WOULD BE, ACTUALLY, FOR ANY OTHER EMISSION VIOLATION.

MR. MANKTELOW: SO JUST ONE LAST TIME, WE ARE

IN NEW YORK STATE. WE HAVE TO GROW NEW YORK STATE. WE'RE JUST

COMING OUT OF COVID AND WE WANT TO GROW OUR BUSINESS. SO A

BUSINESS OWNER GOES AND GETS A BRAND-NEW TANK THAT IS COMPLETELY

SEALED, INSULATED SO YOU DON'T GET THE HEAT EXPOSURE FROM THE SUN, AND

IF THEY DON'T PAINT THIS BRAND-NEW TANK WHITE OR THE COLORS YOU'RE

SAYING, THEY'RE GOING TO BE FINED $3,750 A DAY?

MS. SEPTIMO: WELL, THAT IS UP TO -- IT WOULD BE TO

THE DISCRETION OF THE DEC HOW MUCH THEY WERE ACTUALLY FINED.

MR. MANKTELOW: SO DEC WOULD BE THE ONES

INSPECTING THIS?

MS. SEPTIMO: I'M SORRY, COULD YOU REPEAT THE

QUESTION?

MR. MANKTELOW: DEC WOULD BE THE ONES GOING

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AROUND TO INSPECT THESE TANKS?

MS. SEPTIMO: YES.

MR. MANKTELOW: OKAY. I -- I APPRECIATE YOUR

ANSWERS.

AND MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

AGAIN IN NEW YORK STATE, BUSINESSES, COMPANIES, FARMS, YOU NAME IT,

THE BOATING -- THE BOATING INDUSTRY, WE ARE DOING EVERYTHING WE

POSSIBLY CAN TO BE ENVIRONMENTALLY FRIENDLY. WE'RE BUYING TANKS THAT

HAVE DIKES AROUND THEM SO NONE OF THE SPILLAGE OR OVERFLOW GOES INTO

THE SOIL. WE'RE GETTING THEM INSULATED SO WE DON'T HAVE THE -- THE

MOVEMENT OF THE PRODUCT INSIDE THE TANK, THE EXPANDING OF THE

PRODUCT. AND HERE AGAIN WE'RE GOING TO PUNISH A BUSINESS THAT JUST

WENT OUT AND BOUGHT A TANK THAT THEY THINK IS FINE AND MAKE THEM PAINT

IT ANOTHER COLOR. I JUST DO NOT FATHOM THIS. I DON'T UNDERSTAND THIS. I

JUST THINK, AGAIN, WE WANT TO MAKE NEW YORK STATE SUCCEED, BUT WE

REALLY NEED TO BE ABLE TO COME TOGETHER. WE HAVE TO CUT THIS FINE LINE

OF THIS IS WHAT YOU SAY IT'S GOING TO BE. YOU HAVE A PERSON HERE THAT'S

-- THAT'S BOUGHT THESE TANKS, USED THESE TANKS. I'M TELLING YOU WHAT

WORKS AND WHAT DOESN'T WORK AND WHAT'S NOT COMING OUT OF THOSE

TANKS. AND I WANT YOU TO BE WITH ME AND I WANT YOU AND I TO WORK

TOGETHER. WE HAVE GOT TO STOP THIS DIVIDE BECAUSE IT COMES FROM THE

MAJORITY SIDE THAT THIS IS THE WAY IT'S GOT TO BE, AND YOU HAVE A MEMBER

ON THE MINORITY SIDE. I'M JUST BRIAN AND YOU'RE JUST -- FIRST NAME?

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(INAUDIBLE). WE'RE JUST TWO PEOPLE HERE TRYING TO DO A JOB. AND I'M

TRYING TO GET YOU TO UNDERSTAND THAT EVEN THOUGH IT'S A GOOD BILL AND I --

AND I LIKE THE BILL FOR THE MOST PART. BUT THIS BILL COULD PUT PEOPLE OUT

OF BUSINESS, ESPECIALLY IN THIS HUGE BULK ON OIL TANKS AND ASPHALT TANKS.

I JUST THINK THAT SOMETIME BEFORE THE BILL GETS HERE, WE SHOULD WORK

TOGETHER AND WORK THESE ISSUES OUT BEFOREHAND.

SO I THANK YOU FOR YOUR TIME. MR. SPEAKER, THANK YOU

FOR THE -- ALLOWING ME TO SPEAK ON THE BILL. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: THANK YOU.

MR. GALLAHAN.

MR. GALLAHAN: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER ZEBROWSKI: WILL THE

SPONSOR YIELD?

MS. SEPTIMO: YES.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

YIELDS.

MR. GALLAHAN: THANK YOU. YOU STATED THAT

THERE'S BEEN AN EPA STUDY DONE SEVERAL TIMES, AND YOU STATED THAT THERE

COULD BE ACTUALLY A COST FACTOR IN THE -- IN THE BUSINESS' FAVOR BY

PERFORMING THESE -- THESE PAINTINGS ON THE TANKS. MY QUESTION WOULD

BE, THE EPA STUDY THAT YOU'RE REFERRING TO, WHAT WERE THE PERCENTAGES

OF ADVANTAGE OF PAINTING THESE TANKS WHITE AND GRAY VERSUS A DARK

COLOR?

MS. SEPTIMO: SO, THIS IS ONGOING MODELING THAT

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THE EPA IS DOING THAT CONTINUOUSLY FINDS THAT EMISSIONS VARY

DEPENDING ON THE PAINT COLORS, BUT WE DON'T HAVE EXACT PERCENTAGES.

MR. GALLAHAN: SO I CAN COMPLETELY UNDERSTAND

IF YOU TOLD ME THAT IF YOU PAINTED THAT TANK BROWN VERSUS WHITE, THERE

WOULD BE A 70 PERCENT DIFFERENCE IN -- IN THE EMISSIONS FROM THAT TANK,

THEN I COULD -- I COULD UNDERSTAND THAT AND I COULD MAYBE AGREE A LITTLE

BIT WITH THIS BILL. BUT IF THERE'S A 3 TO 5 PERCENT DIFFERENCE THAT -- THAT'S

BEING PROJECTED, I'D HAVE A HARD TIME WITH THAT. SO TO GET MY HEAD

AROUND, YOU KNOW, THE -- THE ADVANTAGES OF THIS, IT JUST DOESN'T MAKE

ANY SENSE TO ME BECAUSE WE DON'T KNOW WHAT THE PERCENTAGES ARE. WE

DON'T HAVE ANY IDEA WHERE -- WHERE THIS IS GONNA -- GONNA LEAD. AND --

AND -- AND THE EXPENSE TO THE -- TO THE BUSINESS, IS IT GOING TO BE -- IS IT

GOING TO BE PROFITABLE FOR THEM? I DON'T THINK SO.

MS. SEPTIMO: WELL, I --

MR. GALLAHAN: AND WITHOUT THE STATISTICS, HOW

CAN YOU PROVE IT?

MS. SEPTIMO: IS THERE A QUESTION? I'M SORRY, WHAT

WAS THE QUESTION?

MR. GALLAHAN: THE QUESTION IS WHAT -- WHAT IS

THE ADVANTAGE OF PAINTING THEM THE WHITE OR GRAY COLOR IN PERCENTAGE

OVER A DARK COLOR?

MS. SEPTIMO: SO ONCE AGAIN, THIS IS ONGOING EPA

MODELING. I AM HAPPY TO HEAR THAT YOU AGREE WITH THE PREMISE OF THE

BILL, WHICH IS TO MAKE SURE THAT WE ARE LIMITING EMISSIONS AND THAT WE

ARE IMPROVING AIR QUALITY.

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MR. GALLAHAN: THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR. WALCZYK.

MR. WALCZYK: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER ZEBROWSKI: WILL THE

SPONSOR YIELD?

MS. SEPTIMO: YES.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

YIELDS.

MR. WALCZYK: THANKS. I APPRECIATE IT. I'M JUST

LOOKING FOR SOME CLARIFICATION. I WAS READING THROUGH THE DEFINITION OF

TANK IN 17-1003, AND I JUST -- THIS INCLUDES BOTH ABOVEGROUND AND

UNDERGROUND TANKS, IS THAT CORRECT?

MS. SEPTIMO: SO, YES, TECHNICALLY.

MR. WALCZYK: SO WHAT WOULD BE THE

ENVIRONMENTAL ADVANTAGE OF PAINTING A TANK THAT'S GOING TO BE

UNDERGROUND?

MS. SEPTIMO: BECAUSE -- SO, ONLY A PORTION OF

THEM ARE UNDERGROUND, SO...

MR. WALCZYK: I'M SORRY, SO AT THE SAME TIME I

PULLED UP DEC'S WEBSITE HERE AND IT HAS A PICTURE OF A PETROLEUM BULK

STORAGE TANK AND IT SHOWS WHAT ONE LOOKS LIKE UNDERGROUND. IT IS JET

BLACK. AND IT LOOKS LIKE ASIDE FROM A COUPLE OF HATCHES WE COMPLETELY

BURIED UNDER THE GROUND. WHAT WOULD BE THE ADVANTAGE OF HAVING THE

COMPANY REPAINT THAT THING WHITE OR BEING BEFORE THEY BURIED IT UNDER

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THE EARTH?

MS. SEPTIMO: SO TO YOUR POINT, THERE ARE PARTS OF

THE -- OF THE STRUCTURE THAT ARE STILL EXPOSED TO THE AIR AND SUNLIGHT AND,

THEREFORE, THE ADVANTAGE IS ONCE AGAIN CONNECTED TO THE PREMISE OF THE

BILL TO ENSURE THAT WE ARE IMPROVING AIR QUALITY AND LIMITING THE AMOUNT

OF EMISSIONS, TOXIC EMISSIONS THAT ARE GOING INTO THE AIR AND

SUBSEQUENTLY HURTING NEIGHBORS.

MR. WALCZYK: THANK YOU FOR YOUR TIME. THANKS,

MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR. SALKA.

MR. SALKA: THANK YOU, MR. SPEAKER. MR.

SPEAKER, WOULD THE SPONSOR YIELD FOR A QUESTION OR TWO?

ACTING SPEAKER ZEBROWSKI: WILL THE

SPONSOR YIELD?

MS. SEPTIMO: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. SALKA: THANK YOU. THANK YOU VERY MUCH.

WE'RE ALL CONCERNED ABOUT REDUCING POLLUTANTS, NO DOUBT ABOUT IT. WE

HAVE BEEN REFERRED TO THE EPA, AND THE EPA DOES A LOT OF VERY

ELABORATE AND SOPHISTICATED STUDIES, AND I'M SURE THEY'VE STUDIED THIS.

NOW, WILL THE DEC STANDARDS OF EMISSIONS BE HIGHER THAN WOULD HAVE

BEEN SET FOR THE EPA FOR THESE PARTICULAR TANKS? IS THAT -- IS THAT WHY

WE'RE LOOKING AT THIS NOW IS WE WANT TO ACTUALLY INCREASE -- OR ACTUALLY,

DECREASE THE AMOUNT OF POLLUTANTS COMING FROM THESE TANKS? ARE WE --

ARE -- ARE OUR STANDARDS GOING TO BE EVEN MORE STRINGENT THAN THE EPA'S

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ON THIS?

MS. SEPTIMO: SO, THIS -- THIS BILL IS ACTUALLY ONLY

CONNECTED TO THE PAINT COLOR OF THE STORAGE TANKS. AND SO THIS IS NOT

DIRECTLY CONNECTED TO STANDARDS AS IT RELATES TO DIFFERENT POLLUTANTS.

MR. SALKA: SO WHEN WE DO PAINT THESE TANKS, AND

LET'S SAY -- I DON'T KNOW, I'M NOT A CHEMIST SO I'M GOING TO HAVE A TOUGH

TIME COMING UP -- BUT THERE'S 5,000 PARTS PER MILLION OF AIR COMING OUT

OF THESE TANKS AT THIS POINT RIGHT NOW, OKAY? AND IF THE -- IF IT'S

ACCEPTED BY THE EPA, WILL IT BE SOMETHING THAT THE DEC SAYS THAT

5,000 PARTS IS NOT SUFFICIENT, WE WANT 2,000 PARTS PER -- PER MILLION OR

SOMETHING. SO I'M JUST TRYING TO SEE WHAT THE IMPETUS IS BEHIND THIS

WHOLE EFFORT. IT'S OBVIOUSLY GOING TO COST THE STORAGE COMPANIES A

BUNCH OF MONEY. NO DOUBT ABOUT IT. AND I DON'T SEE MUCH SENSE IN

PAINTING SOMETHING UNDERGROUND. AS A MATTER OF FACT, I CAN'T IMAGINE

WHY YOU WOULD PULL A TANK UP OUT OF THE GROUND UNLESS IT'S MAYBE FOR

JUST NEW CONSTRUCTION. BUT I WAS JUST KIND OF WONDERING WHAT

STANDARDS WE'RE LOOKING TO MEET HERE AS FAR AS EMISSIONS WHEN, IN FACT,

EMISSIONS IS WHAT WE'RE TRYING TO CONTROL.

MS. SEPTIMO: SO ONCE AGAIN, I JUST WANT TO CLARIFY

THAT MOST OF THESE STORAGE FACILITIES --

MR. SALKA: SURE. SURE.

MS. SEPTIMO: -- ARE ABOVEGROUND. BUT ONCE AGAIN,

THIS BILL IS NOT AT ALL CONNECTED TO SETTING EMISSION STANDARDS. THIS IS

SIMPLY -- THE ONLY THING THAT DEC WOULD BE CHARGED WITH REGULATING

COMPLIANCE AROUND IS WHETHER THE STORAGE TANKS ARE PAINTED THE

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APPROPRIATE WHITE, BEIGE OR CREAM COLOR.

MR. SALKA: OKAY. SO I'M A BULK STORAGE COMPANY

AND I GET THIS ORDER FROM THE DEC AND IT SAYS THAT DUE TO WHATEVER WE

WANT YOU TO SPEND $100,000 ON PAINTING THIS TANK. SO THE FIRST THING I

WOULD ASK FOR IS IF I WAS THE MANAGER OR THE SUPERVISOR IS, WELL, WHY?

OKAY, WE WANT YOU -- BECAUSE I GUESS IT WILL REDUCE AIR POLLUTANTS.

AND SO THE NEXT QUESTION I WOULD ASK IS, OKAY, SO FROM WHAT TO WHAT?

ARE -- HAVE YOU TESTED MY TANK AND IS IT EMITTING X AMOUNT OF

POLLUTANTS? AND WHAT THRESHOLD ARE YOU LOOKING FOR? SO, YOU KNOW, I

THINK WHAT THE COMPANY WOULD WANT AND WE WOULD WANT, OBVIOUSLY, IF

WE'RE GOING TO PASS ANY KIND OF LEGISLATION LIKE THIS ARE SOME

STANDARDS. IF WE'RE GOING TO LEGISLATE AND REQUIRE LARGE AMOUNTS OF

MONIES TO BE SPENT TO BRING THESE TANKS UP TO SNUFF - AND THERE'S A LOT OF

THESE TANKS OUT THERE - AND I CAN IMAGINE BECAUSE WE KNOW HOW BIG

THEY ARE, HOW MUCH PAINT IT'S GOING TO TAKE. I IMAGINE IT WOULD BE A

SPECIALIZED PAINT AND HAVE TO BE APPLIED IN A SPECIALIZED MANNER AND

WHATNOT. BUT I THINK IF WE'RE GOING TO ASK COMPANIES TO DO THIS, WE

SHOULD AT LEAST SET A GOAL FOR THEM TO BE ABLE TO REDUCE THE STANDARD,

YOU KNOW, THE EMISSIONS.

MS. SEPTIMO: OKAY. SO -- SO DEC WILL KNOW THE

DIFFERENCE, RIGHT?

MR. SALKA: DEC WILL. AND THEY WILL SET THE

STANDARD?

MS. SEPTIMO: SO AGAIN, THE -- THE USE OF THE WORD

"STANDARD" IS PROBLEMATIC BECAUSE STANDARD IMPLIES THAT THE PENALTY IS

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CONNECTED TO THE DIFFERENCE IN EMISSIONS. IT IS NOT. THE PENALTY IS

CONNECTED WITH -- TO COMPLIANCE ON THE PAINT COLOR OF THE STORAGE TANK

FACILITY. AND TO YOUR POINT, ACTUALLY, IF WE WERE TO GO THE FURTHER STEP

AND SET THE STANDARD, THEN IT ACTUALLY WOULD BE MORE PUNITIVE TO THESE

BUSINESSES. AND SO WE ARE NOT GOING THAT FAR. WHAT WE DO KNOW NOW

IS THAT A DARKER COLOR MEANS THAT YOU'RE LETTING OFF MORE EMISSIONS,

YOU'RE LETTING OFF KNOWN CARCINOGENS. YOU'RE HURTING PEOPLE WHO LIVE

IN THE AREA. AND SO WE'RE WANTING TO MAKE THAT AN ISSUE THAT'S

IMPROVED WITHOUT BEING PUNITIVE TO BUSINESSES. AND SO WE'RE NOT

SETTING STANDARDS, BUT WE ARE SAYING YOU DO NEED TO PAINT IT A LIGHTER

COLOR BECAUSE WE KNOW WE WILL MOVE IN THE DIRECTION TOWARDS CLEANER

AIR.

MR. SALKA: SO I'M ASSUMING THAT THE EPA HAS

DONE TESTS THAT SAY A BLACK TANK EMITS X AMOUNT OF POLLUTANTS AS

OPPOSED TO A WHITE TANK THAT EMITS X AMOUNT OF POLLUTANTS. SO, I

MEAN, THERE MUST BE SOME STUDY OR -- SOMEWHERE STUDIES THAT WERE

DONE THAT WILL PROVE THAT WHAT YOU'RE ASKING US TO DO IS REALLY GOT A

LEGITIMATE PURPOSE TO IT.

MS. SEPTIMO: YES.

MR. SALKA: AND I WOULD HOPE IN A WAY THAT WOULD

BE IN THE BILL SO THERE WOULD BE SOMETHING SUBSTANTIAL ENOUGH IN THE

BILL SO THAT WHEN THE COMPANY READS THIS AND THEY'RE TOLD THIS IS WHAT

THEY HAVE TO DO, THEY KNOW WHY. MAYBE THEY'LL HAVE TO REFER BACK

OVER TO THE EPA OR THE DEC. BUT -- AND MY COLLEAGUE WAS A LITTLE

FRUSTRATED WITH THAT BECAUSE HE WASN'T GETTING ANSWERS THAT I THINK I'M

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KIND OF LOOKING FOR, TOO, IS WHY ARE YOU DOING THIS? WHEN YOU SET

SAFETY STANDARDS, WE SET SAFETY STANDARDS ACCORDING TO THRESHOLDS AND

STUDIES THAT WERE DONE AND SO FORTH AND DATA AVAILABLE. BUT I DON'T SEE

ANYTHING HERE. ALL RIGHT? SO IT'S -- IT'S KIND OF A -- KIND OF AN ARBITRARY

THING AT THIS POINT WHEN WE'RE ORDERING A COMPANY TO DO SOMETHING

AND WE'RE NOT GIVING THEM SOUND SCIENTIFIC EVIDENCE OF WHY. BUT I

THANK YOU.

MS. SEPTIMO: BUT I JUST WANT TO REITERATE THAT THIS

IS ONGOING EPA MODELING, AND SO THE SCIENTIFIC SORT OF SPECIFICS THAT

YOU'RE MENTIONING DO EXIST. THEY'RE SIMPLY NOT DELINEATED IN THE BILL.

AND SO IT'S NOT ARBITRARY, IT IS BASED ON SCIENCE. IT IS BASED ON ONGOING

MODELING FROM THE EPA WHICH IS A VERY TRUSTED AND REPUTABLE SOURCE

IN THIS CASE.

MR. SALKA: OKAY, THANK YOU. THANK YOU FOR YOUR

MS. SEPTIMO: SURE.

MR. SALKA: -- ANSWERS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. SALKA: AGAIN, I -- I -- I -- WE ALL WANT TO

DECREASE POLLUTANTS, WE ALL WANT A CLEANER ENVIRONMENT. WE KNOW A

LOT OF THESE BIG TANK FARMS ARE CONCENTRATED IN URBAN AREAS WHERE

OBVIOUSLY THEY HAVE AN EFFECT ON (INAUDIBLE) IF THE EMISSIONS ARE

HAVING AN EFFECT PEOPLE'S HEALTH. IT'S JUST -- IF WE'RE GOING TO HAVE A BILL

THAT WE INSTITUTE AS LAW, IF IT'S EVER SIGNED INTO LAW, THAT'S GOING TO

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REQUIRE COMPANIES TO HAVE PRETTY SIZEABLE EXPENDITURES, PRETTY SIZABLE

CAPITAL RESOURCES SPENT ON A CHANGE IN THE COMPLEXION, IF YOU WILL, OF

THESE TANKS, I THINK THAT THERE SHOULD BE SOME PARTICULARS IN THE BILL THAT

WOULD AT LEAST GIVE SOME GUIDANCE AS TO WHY THE COMPANIES HAVE TO DO

THIS, OR AT LEAST SOMETHING IN THE BILL THAT REFERS A RULE OR A LAW THAT THE

EPA AND/OR THE DEC HAS ESTABLISHED FOR A REASON BEHIND THIS.

SO FOR -- BECAUSE OF THE AMBIGUITY OF THE BILL, I -- I

CAN'T VOTE IN FAVOR OF THIS. I WILL BE VOTING IN THE NEGATIVE AND I URGE

MY COLLEAGUES -- AND AGAIN, THANK YOU VERY MUCH FOR YOUR -- FOR YOUR

ANSWERS.

ACTING SPEAKER ZEBROWSKI: MR. SCHMITT.

(PAUSE)

WE'RE GOING TO GO TO MR. TAGUE AND COME BACK TO MR.

SCHMITT.

MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD FOR A COUPLE OF QUESTIONS, PLEASE?

ACTING SPEAKER ZEBROWSKI: WILL THE

SPONSOR YIELD?

MS. SEPTIMO: YES.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

YIELDS.

MR. TAGUE: GOOD EVENING, MA'AM. JUST A COUPLE

OF QUESTIONS. DO YOU KNOW, IS -- IS THIS REGULATION TOWARDS PEOPLE THAT

ONLY HAVE A PETROLEUM BULK STORAGE OR IS THIS PETROLEUM BULK STORAGE

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PERMIT OR ANYBODY THAT HAS -- HAS A PETROLEUM TANK?

MS. SEPTIMO: THIS IS FOR BULK STORAGE.

MR. TAGUE: OKAY. AND DO YOU KNOW HOW MANY

GALLONS SOMEONE HAS TO HAVE TO BE REQUIRED TO HAVE A PETROLEUM BULK

STORAGE PERMIT?

MS. SEPTIMO: YES. IT'S 1,100.

MR. TAGUE: ELEVEN HUNDRED GALLONS?

MS. SEPTIMO: YES.

MR. TAGUE: AND IS THAT 1,100 GALLONS OF ANY TYPE

OF PETROLEUM OR A CERTAIN TYPE OF PETROLEUM? NUMBER 2 FUEL OIL, YOU

KNOW, ANY TYPE OF VISCOSITY OF OIL?

MS. SEPTIMO: SO, IT'S PETROLEUM AND PETROLEUM

PRODUCTS.

MR. TAGUE: OKAY. HAVE YOU EVER SEEN A

PETROLEUM BULK TANK BEFORE, MA'AM?

MS. SEPTIMO: I BELIEVE THAT I HAVE.

MR. TAGUE: YOU BELIEVE THAT YOU HAVE, OKAY. AND

YOU'RE BASING THIS -- THESE REGULATIONS ARE ALL BASED ON WHAT THEY CALL

SCIENCE.

MS. SEPTIMO: I -- I BELIEVE SO, THOUGH I'M NOT SURE

THAT YOU AND I HAVE THE SAME DEFINITION OF SCIENCE AT THAT POINT.

MR. TAGUE: AND DO YOU KNOW HOW MANY

PETROLEUM BULK PERMITS ARE IN THE STATE OF NEW YORK?

MS. SEPTIMO: OFFHAND, I DO NOT KNOW.

MR. TAGUE: OKAY. DO YOU KNOW HOW MUCH IT

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COSTS FOR THESE BUSINESSES TO MAINTAIN A PETROLEUM BULK PERMIT?

MS. SEPTIMO: SO, THE COST VARIES, BUT THIS BILL IS

ACTUALLY FOCUSED ON THE COST THAT COMES TO HUMAN HEALTH.

MR. TAGUE: WHAT'S THAT? I'M SORRY. I -- I

APOLOGIZE. I DIDN'T HEAR THAT.

MS. SEPTIMO: SURE. SO THE COST VARIES, BUT THIS

BILL IS ACTUALLY FOCUSED ON THE COST TO HUMAN HEALTH THAT COMES WITH

THESE BULK STORAGE FACILITIES.

MR. TAGUE: AND DO YOU THAT -- DO YOU HAVE A

FIGURE ON THE COST OF THE HEALTH WITH REGARDS TO TANKS THAT HAVEN'T BEEN

PAINTED COMPARED TO TANKS THAT HAVE BEEN PAINTED?

MS. SEPTIMO: WELL, NO, MR. TAGUE, I DON'T. BUT I

IMAGINE THAT YOU KNOW WHAT A CARCINOGEN IS, AND ONE BYPRODUCT OF THAT

IS CANCER.

MR. TAGUE: OKAY. WELL, I WORKED FOR 30 -- OVER

30 YEARS IN THE HEAVY-HIGHWAY CONSTRUCTION INDUSTRY AND I WAS ACTUALLY

THE PERSON RESPONSIBLE FOR THE PETROLEUM BULK STORAGE PERMITS IN MY

COMPANY. IT IS VERY HEAVILY REGULATED. YOU GET INSPECTED USUALLY ONCE

A YEAR, SOMETIMES SEVERAL TIMES A YEAR. AS -- AS MUCH AS EVEN A LITTLE

DROP OF RUST ON ONE OF THESE TANKS, THE DEC WILL COME IN AND VIOLATE

YOU AND THOSE TANKS HAVE TO BE PAINTED SEVERAL TIMES. SO NOW WE'RE

GOING TO ASK EVERY BUSINESS OWNER THAT HAS A PETROLEUM BULK STORAGE --

AND IF I REMEMBER CORRECTLY, YOU COULD NOT TELL ME HOW MANY

PETROLEUM BULK STORAGE PERMITS ARE IN THE STATE OF NEW YORK. BUT NOW

WE'RE ASKING EVERY ONE OF THESE BUSINESSES THAT THEY'RE GOING TO HAVE TO

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GO AND PAINT ALL THEIR TANKS A CERTAIN COLOR BECAUSE SCIENCE SAYS THAT

THERE'S A CARCINOGEN COMING OFF THE TANK. IS THAT -- IS THAT WHAT YOU'RE

TELLING ME?

MS. SEPTIMO: SO, YES, WE ARE ASKING THEM TO MAKE

SURE THAT NEIGHBORS ARE ABLE TO BREATHE CLEANER AIR AND THAT WE ARE ABLE

TO IMPROVE AIR QUALITY AND TAKE A SMALL NOMINAL AND PRACTICAL STEP TO

LIMIT THE AMOUNT OF AIR POLLUTANTS -- HAZARDOUS AIR POLLUTANTS COMING

OFF OF THESE STORAGE FACILITIES.

MR. TAGUE: HAVE WE MONITORED -- MA'AM, HAVE

WE MONITORED THESE PETROLEUM BULK STORAGE FACILITIES? HAVE WE

MONITORED THEM TO SEE HOW MUCH CARCINOGENS ARE ACTUALLY COMING OFF

THE TANKS IN NEW YORK STATE? AND IF SO, I WOULD LIKE TO KNOW THE

RESULTS OF THOSE TESTS.

MS. SEPTIMO: RIGHT.

MR. TAGUE: AND HOW MANY OF THOSE FACILITIES ARE

ACTUALLY IN NEIGHBORHOODS WHERE PEOPLE ARE ACTUALLY, YOU KNOW, WITHIN

RANGE TO RECEIVE -- TO -- TO HAVE THESE CARCINOGENS AFFECT THEM?

MS. SEPTIMO: RIGHT. SO I'M GOING TO ONCE AGAIN

NOTE THAT THE EPA HAS DONE CONSISTENT ONGOING MODELING TO -- WHICH

SHOWS THAT THE LEVEL OF EMISSIONS VARY DEPENDING ON THE COLOR OF THE

TANKS. AND I THINK YOUR QUESTION IS WHETHER PEOPLE LIVE EVERYWHERE,

AND I THINK THE ANSWER IS YES.

MR. TAGUE: NO, MY QUESTION WAS HOW MANY OF

THESE BULK STORAGE FACILITIES ARE IN RESIDENTIAL AREAS OR WHERE PEOPLE

WOULD LIVE, I GUESS IS THE QUESTION. YOU SAID THERE WAS -- YOU SAID

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THERE WAS MODELING, AND IF YOU WERE DOING THIS TESTING THEN YOU WOULD

BE TESTING IN RESIDENTIAL AREAS, AM I CORRECT? I MEAN, YOU -- YOU

ANSWERED TO ME EARLIER YOU HAVEN'T EVEN SEEN A BULK STORAGE --

MS. SEPTIMO: SO THESE FACILITIES NEED TO -- THESE

FACILITIES NEED TO MODEL -- NEED TO MONITOR THEIR AIR AS A CONDITION OF

THEIR PERMITS.

MR. TAGUE: I'M SORRY. CAN YOU REPEAT THAT AGAIN,

PLEASE?

MS. SEPTIMO: THESE FACILITIES NEED TO -- NEED TO

MONITOR THEIR AIR AS A CONDITION OF THEIR PERMITS. SO TO YOUR -- I THINK

YOUR QUESTION WAS HAVE THEY BEEN STUDIED WITH REGARD TO THEIR IMPACT

ON THE AIR.

MR. TAGUE: EXACTLY. BUT I'M -- I'M A LITTLE BAFFLED

WITH AS FAR AS AIR -- AIR MODELING WITH REGARDS TO PETROLEUM BULK

STORAGE TANKS BECAUSE SOME REGULATIONS DO NOT REQUIRE AIR MODELING. I

BELIEVE IT DEPENDS ON WHAT TYPE OF -- TYPE OF PRODUCT IS IN THE TANK AND

HOW BIG THE TANK IS.

MS. SEPTIMO: SO I DON'T KNOW IF THERE'S A QUESTION

THERE.

MR. TAGUE: WELL, I'M ASKING YOU, YOU JUST TOLD ME

THERE'S AIR MODELING. I'M ASKING YOU WHAT TANKS REQUIRE AIR MODELING.

MS. SEPTIMO: SO MOST OF THESE TANKS ARE HAVING

SOME KIND OF MONITORING, BUT IT VARIES, AS YOU NOTED, ACCORDING TO SIZE

AND PRODUCT. THIS BILL DEALS SPECIFICALLY WITH TANKS THAT CONTAIN

PETROLEUM AND PETROLEUM PRODUCTS.

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MR. TAGUE: OKAY. I -- I -- I APPRECIATE YOUR TIME,

MA'AM, AND YOUR ANSWERS. I -- I UNDERSTAND YOU PROBABLY DO NOT KNOW

AS MUCH AS I DO WITH REGARDS TO THIS, BUT APPRECIATE AND HAVE A LOT OF

RESPECT FOR YOU BRINGING THE BILL FORWARD.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. TAGUE: JUST AGAIN, THIS IS JUST MORE

RIDICULOUSNESS IN NEW YORK STATE. I CAN'T BELIEVE THAT WE'RE SPENDING

9:30 AT NIGHT IN SESSION WHEN WE HAVE PEOPLE STILL REELING FROM THE

COVID-19 CRISIS, WORRYING ABOUT WHETHER PEOPLE PAINT THEIR

PETROLEUM BULK STORAGE TANKS.

I VOTE IN THE NEGATIVE AND I HOPE ANYBODY IN THEIR

RIGHT MIND DOES THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR. SCHMITT.

MR. SCHMITT: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER ZEBROWSKI: WILL THE

SPONSOR YIELD?

MS. SEPTIMO: YES.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

YIELDS.

MR. SCHMITT: THANK YOU. AND I APOLOGIZE IF I

ASK SOMETHING YOU MAY HAVE ANSWERED. I WAS HAVING SOME TECHNICAL

DIFFICULTIES DURING DEBATE. COULD YOU JUST REITERATE WHAT YOU CONSIDER

FOR THIS BILL AS THE DEFINITION OF A TANK? WHAT ARE ALL THE ITEMS THAT

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WOULD BE INCLUDED OR WHAT -- WHAT KIND OF TANK WOULD BE INCLUDED?

MS. SEPTIMO: OKAY. SO THIS IS DEFINED IN THE

ENVIRONMENTAL CONSERVATION LAW, BULK -- BULK STORAGE IS DEFINED BY

BEING 1,100 GALLONS -- UH, 1,100 GALLONS.

MR. SCHMITT: AND IT'S JUST STATIONARY, OR IS IT

SOMETHING THAT -- IS ANYTHING TRANSPORTATION-BASED?

MS. SEPTIMO: THEY ARE STATIONARY.

MR. SCHMITT: OKAY. IS THERE AN ESTIMATED COST

THAT YOU HAVE TO REPAINT A TANK?

MS. SEPTIMO: NO. THE COST WILL VARY, THOUGH IT

WILL LIKELY -- TO THE -- TO THE MEMBERS WHO HAVE MENTIONED THAT THIS

WOULD BE A -- A PROBLEM FOR THE BUSINESSES, IT WOULD LIKELY BE

CONSIDERED A BUSINESS EXPENSE AND A TAX WRITE-OFF ULTIMATELY.

MR. SCHMITT: DO YOU ANTICIPATE ANY STATE OR

FEDERAL INCENTIVES OR ASSISTANCE TO REPAINT?

MS. SEPTIMO: AT THIS POINT, NO.

MR. SCHMITT: OKAY. ARE THERE ENVIRONMENTAL

IMPACTS TO THE PAINT THAT WOULD BE NEED TO BE USED?

MS. SEPTIMO: NO.

MR. SCHMITT: SO, THE -- IS THERE A DIFFERENT TYPE OF

PAINT THAT'S USED FOR THESE TYPE OF TANKS THAN NORMAL? I KNOW THAT THERE

ARE VOLATILE ORGANIC COMPOUNDS THAT USUALLY GO IN THE DRYING PROCESS OF

PAINT. IS THAT BEING TAKEN INTO CONSIDERATION IN THIS PROCESS?

MS. SEPTIMO: SO, THIS DOESN'T CHANGE THE TYPE OF

PAINT THAT'S NEEDED TO PAINT THESE STORAGE FACILITIES, IT ONLY CHANGES THE

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COLOR.

MR. SCHMITT: OKAY. DO WE HAVE ANY SCIENTIFIC

DATA ON THE VOCS THAT WILL BE PRODUCED FROM A MASS REPAINTING

STATEWIDE OF THESE TANKS?

MS. SEPTIMO: NO.

MR. SCHMITT: ALL RIGHT. THANK YOU, MR. -- THANK

YOU TO THE SPONSOR. 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 SENATE PRINT 841-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WANTS TO BE RECORDED AS AN EXCEPTION TO THEIR 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 SHOULD CONTACT THE MINORITY LEADER AND WE WILL RECORD

YOUR VOTE ACCORDINGLY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS IN SUPPORT OF THIS PIECE OF

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LEGISLATION. HOWEVER, SHOULD WE HAVE ANY COLLEAGUES THAT WOULD

DESIRE TO BE AN EXCEPTION SHOULD CONTACT THE MAJORITY LEADER'S OFFICE

AND WE'LL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

MR. ANDERSON, YOU ARE SEEKING TO EXPLAIN YOUR VOTE?

MR. ANDERSON: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: WHICH IS WHY I

CALLED ON YOU.

MR. ANDERSON: OKAY. EXCELLENT. SO, MR.

SPEAKER, YOU KNOW, I'M GOING TO VOTE YES ON THIS PIECE OF LEGISLATION

BUT I HAVE TO EXPRESS FRUSTRATION WITH MY COLLEAGUES ACROSS THE AISLE

FOR TAKING UP THIS TREMENDOUS AMOUNT OF TIME ON A BILL THAT'S QUITE

SIMPLE, THAT SEEKS TO ALIGN US WITH EPA GUIDELINES ON THE STATE LEVEL

AND ASKING QUESTIONS IN A REPEATED FASHION TO DELAY THIS PROCESS. I

THINK IT'S MORE IMPORTANT THAT --

ACTING SPEAKER AUBRY: MR. ANDERSON --

MR. ANDERSON: -- WE FOCUS ON THE QUALITY OF AIR

FOR PEOPLE WHO LIVE ACROSS THE STATE OF NEW YORK AND WE SET AN

AMBITIOUS AGENDA IN THE MAJORITY TO --

ACTING SPEAKER AUBRY: MR. ANDERSON, YOU'RE

HERE TO EXPLAIN YOUR VOTE.

MR. ANDERSON: YES, TO EXPLAIN --

ACTING SPEAKER AUBRY: YOU DO NOT -- YOU'RE

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NOT IN THE PLACE WHERE YOU NEED TO CRITICIZE ANYBODY FOR WHAT THEY DO,

WHICH IS IN WITHIN THEIR RIGHTS. YOU SPEAK, THEY SPEAK.

MR. ANDERSON: THANK YOU, MR. SPEAKER. SO MY

-- MY POINT THAT I WAS TRYING TO MAKE ACROSS, MR. SPEAKER, IS THAT WE

HAVE SET AN AMBITIOUS AGENDA TO ADDRESS ENVIRONMENTAL RACISM THAT

IMPACTS US ALL ACROSS THE STATE OF NEW YORK, AND I BELIEVE THAT THIS BILL

DOES THAT AND I PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ANDERSON IN THE

AFFIRMATIVE.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE. AS WE WENT AHEAD AND TALKED ABOUT THIS DEBATE AND

UNDERSTANDING THAT BULK TANKS THAT ARE UNDERGROUND THAT ARE COMPLETELY

UNDERGROUND, WE HAVE NO IDEA WHAT COLOR THOSE TANKS ARE. IF THIS BILL

PASSES INTO LAW, WE'RE TELLING EVERYONE THAT THEY'RE GOING TO HAVE TO

PULL THOSE TANKS OUT OF THAT GROUND AND PAINT THEM EITHER WHITE OR

BEIGE. SO I WANT EVERY -- EVERY MEMBER OF THIS FLOOR TO LISTEN TO THIS.

ARE YOU GOING TO GO BACK TO YOUR CONSTITUENTS BACK HOME AT FILLING

STATIONS, GAS STATIONS, ON THE THRUWAY, ON THE MAIN ROADS, YOU'RE TELLING

THEM THEY'RE GOING TO PULL EVERY SINGLE ONE OF THOSE TANKS OUT OF THE

GROUND TO FIND OUT WHAT COLOR THEY ARE. AND IF THEY ARE BLACK, WE'RE

GOING -- WE'RE GOING TO HAVE TO PAINT THEM WHITE OR THIS BEIGE COLOR.

YOU ARE TALKING IN THE BILLIONS AND TRILLIONS OF DOLLARS TO DO THIS IN NEW

YORK STATE. RIPPING UP ASPHALT, RIPPING UP EVERY SINGLE ONE OF OUR

THRUWAY EXIT -- OR TERMINALS. THIS IS A HUGE THING. I -- I APPLAUD THE

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SPONSOR FOR WHAT SHE'S TRYING TO DO, BUT AT THIS POINT IN TIME LISTEN TO

US. THIS IS WHAT'S GONNA HAPPEN. THAT'S WHAT THIS BILL IS GOING TO

REQUIRE THESE PEOPLE TO DO TO PROVE THAT THEY'RE PAINTED WHITE. AND IF

THEY'RE NOT, THEY'RE GOING TO HAVE TO YANK EVERY SINGLE ONE.

SO I AM ASKING YOU, PLEASE, COLLEAGUES ON THE FLOOR,

THINK ABOUT YOUR PEOPLE THAT YOU REPRESENT. YOU'RE GOING TO ASK THEM

TO SPEND TENS OF THOUSANDS AND THOUSANDS OF DOLLARS TO FIND OUT IF THEIR

UNDERGROUND TANK IS WHITE. SO I WILL BE ASKING MY COLLEAGUES AND ALL

OF YOU TO PLEASE VOTE NO OR PULL THIS BILL AND MAKE SOME AMENDMENTS.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MANKTELOW IN

THE NEGATIVE.

MR. ENGLEBRIGHT TO EXPLAIN HIS VOTE.

MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER. I

JUST WANTED TO EXPLAIN WHY I AM STRONGLY SUPPORTING THIS MEASURE.

THE IDEA OF SIMPLE PHYSICS IS AT WORK IN THIS, AND IT'S BECAUSE DARKER

COLORS BECOME BETTER RADIATORS OF HEAT. LIGHT REFLECTS ALL COLORS, BLACK

NOT EVEN A COLOR ITSELF, IT REFLECTS NONE. YOU SEE THIS WITH CARS PARKED

IN A PARKING LOT. BLACK CARS OVERHEAT. WHITE CARS DON'T. WE'RE NOT

TALKING ABOUT TANKS THAT ARE BURIED DEEP IN THE GROUND. AND, IN FACT,

NEW TANKS THAT ARE CONSTRUCTED IN TEXAS OR INDIA OR THE MIDEAST ARE

ALMOST ALL PAINTED EITHER WHITE OR BEIGE. WE SHOULD TAKE A LESSON FROM

THAT. THIS MEASURE TAKES A LESSON FROM THAT. IT WILL HELP PROTECT

PEOPLE'S HEALTH AND WELL-BEING. I STRONGLY SUPPORT IT AND VOTE AYE.

ACTING SPEAKER AUBRY: THANK YOU, MR.

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ENGLEBRIGHT.

MR. WALCZYK.

MR. WALCZYK: THANK MR. SPEAKER. TO EXPLAIN

MY VOTE. THE LAST -- THE LAST SPEAKER OUTLINED IT. I MEAN, MOST -- MOST

OF THE TIME THE ABOVEGROUND STORAGE TANKS -- AND WE DRIVE BY THEM, WE

SEE THEM AROUND -- MOST OF THE TIME THEY ARE WHITE OR BEIGE.

SOMETIMES THERE'S COMPANY LOGOS ON THEM. MOST OF THE TIME IT'S NOT A

BAD IDEA TO HAVE THEM THAT WAY. AND I THINK THE SPONSOR POINTED OUT --

I MEAN, THE THING THAT REALLY GETS ME AND THE REASON THAT IT'S EARNED MY

NO VOTE TODAY -- I MEAN, I TRY TO BE A VERY ENVIRONMENTALLY-FRIENDLY

GUY, BUT I JUST CAN'T GET OVER THE LOGIC THAT WE'RE GOING TO FORCE

COMPANIES TO PAINT A STORAGE TANK THAT IS LITERALLY GOING TO BE BURIED IN

THE GROUND. JUST THE -- I MEAN, THE COMMONSENSE LOGIC OF THIS PIECE OF

LEGISLATION DRIVES ME REAL HARD TO A NO VOTE.

SO I'LL BE VOTING NO AND I URGE -- URGE MY COLLEAGUES

TO ALSO EXERCISE COMMONSENSE.

ACTING SPEAKER AUBRY: MR. WALCZYK IN THE

NEGATIVE.

MS. SEPTIMO TO EXPLAIN HER VOTE.

MS. SEPTIMO: THANK YOU, MR. SPEAKER. I WILL BE

VOTING IN THE AFFIRMATIVE FOR THIS VOTE -- FOR THIS BILL BECAUSE I AM

PROUD TO KNOW THAT NEW YORK STATE IS MAKING AN EFFORT TO USE ITS

POWER TO ENSURE THAT WE ARE BEGINNING TO PRIORITIZE PEOPLE OVER

BUSINESS, AND THAT WE ARE TAKING SERIOUSLY THE ENVIRONMENTAL JUSTICE

ISSUES THAT EXIST IN OUR COMMUNITIES. THAT WE ARE SERIOUS ABOUT

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NYS ASSEMBLY JUNE 10, 2021

CLIMATE CHANGE AND THAT WE ARE SERIOUS ABOUT MAKING SURE THAT INDUSTRY

DOES NOT EXIST AT THE COST OF HUMAN LIFE AT EVERY TURN. THIS IS A SMALL,

PRACTICAL MEASURE THAT WILL MAKE A BIG DIFFERENCE FOR PEOPLE LIVING NEAR

BULK STORAGE FACILITIES. BUSINESSES WILL NOT GO OUT OF BUSINESS. THEY

WILL SEE THEIR PAINT COST WRITTEN OFF AS A TAX WRITE-OFF, AND WE -- AND THE

RESULT FOR PEOPLE LIVING IN THE AREA WILL BE AN IMPROVED QUALITY OF LIFE

AND THEY WILL LIVE HEALTHIER LIVES BECAUSE THEY ARE ABLE TO BREATHE

CLEANER AIR.

AS A SOUTH BRONX RESIDENT I'M EXTREMELY PROUD TO BE

PRIORITIZING ENVIRONMENTAL JUSTICE AIR QUALITY ISSUES IN THIS CHAMBER

AND I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. SEPTIMO IN THE

AFFIRMATIVE.

MR. LEMONDES.

OH, I'M SORRY, MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES,

IT'S QUARTER-TO-TEN. WE STILL HAVE A LOT OF FAIRLY IMPORTANT WORK TO DO

HERE TODAY. AND SO WHAT I'M GOING TO ASK US TO DO ON BOTH SIDES OF THE

AISLE, LET'S STAY ON THE ISSUES AND LOSE THE OPPORTUNITIES TO POINT FINGERS

AT EACH OTHER AND GO LIKE THIS. THIS IS NOT THE WAY WE GET OUR WORK

DONE. WE GET OUR WORK DONE LIKE THIS, TOGETHER. AND SO PLEASE, THERE'S

NO NEED TO STAND UP AND BE DEFENSIVE ABOUT EVERYTHING. THERE ISN'T.

AND IF THERE'S A NEED TO HAVE A DEFENSIVE CONVERSATION, THEN WALK TO

THAT PERSON AND HAVE IT IN THEIR PERSONAL FACE INSTEAD OF MAKING ALL OF

US ENDURE YOUR ANIMOSITY ABOUT AN ISSUE. IT'S ALMOST 10:00. LET'S STAY

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NYS ASSEMBLY JUNE 10, 2021

ON TASK HERE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: AND HOW DO YOU

VOTE, MRS. PEOPLES-STOKES?

MRS. PEOPLES-STOKES: I SUPPORT THIS PIECE OF

LEGISLATION. I SUPPORT ANYTHING THAT IS IN THE EFFORT TO PROTECT OUR

ENVIRONMENT. AND I THINK THAT WE ALL SHOULD BE INTERESTED IN

SUPPORTING OUR ENVIRONMENT. SO I ABSOLUTELY VOTE YES.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MR. LEMONDES.

MR. LEMONDES: MR. -- MR. SPEAKER, I WILL YIELD

TO MRS. PEOPLES-STOKES' REQUEST.

ACTING SPEAKER AUBRY: THANK YOU, SIR. THE

GENTLEMAN IS A SCHOLAR.

(APPLAUSE)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

MRS. PEOPLES-STOKES: MY APOLOGIES, MR.

SPEAKER. I HAVE TWO EXCEPTIONS.

ACTING SPEAKER AUBRY: TWO EXCEPTIONS.

MRS. PEOPLES-STOKES: OUR COLLEAGUES MS.

LUPARDO AND MS. BUTTENSCHON WILL BE IN THE NEGATIVE.

ACTING SPEAKER AUBRY: SO NOTED.

AND MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU. I APPRECIATE MY

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NYS ASSEMBLY JUNE 10, 2021

COLLEAGUES' COMMENTS ON BOTH SIDES OF THE AISLE. THERE'S NO DOUBT, OF

COURSE, THAT AN ABOVEGROUND TANK THAT'S A LIGHT COLOR OR SILVER IS GOING

TO ABSORB LESS HEAT AND THEREFORE DEVELOP LESS INTERNAL PRESSURE FROM

EVAPORATION. THAT'S NOT REALLY THE ARGUMENT, AND WE AGREE WITH MY

COLLEAGUE. AND AT THE SAME TIME WHAT THE REAL ISSUE IS FROM MY

PERSPECTIVE IS COST BENEFIT, BECAUSE WE ALL WRESTLE WITH THAT. AND PAINT

IS REAL CHEAP UNLESS YOU'RE THE ONE BUYING IT. I HAD -- I HAD A BOAT LAST

YEAR REPAINTED WHITE. IT COST ME ABOUT $4 A SQUARE FOOT FOR JUST THE

PAINT. AND SO IF -- IF YOU IMAGINE A HUGE TANK FARM, THE COST OF

REPAINTING THOSE TANKS WITH A SPECIALIZED PAINT THAT YOU HAVE TO USE FOR

THOSE TYPES OF MATERIALS IS REALLY HIGH. AND SO THE QUESTION WE ALL ASK

IS, IS THAT THE RIGHT PLACE TO PUT OUR MONEY OR CAN WE DO BETTER BY

FOCUSING ELSEWHERE? AND SO I HAD THE GOOD FORTUNE OF READING ALL

THESE EPA ANALYSES AND IT HAD SO MUCH MATHEMATICS IT ALMOST MADE

MY HEAD SWIM. AND THEN I CAME ACROSS A FAIRLY SIMPLE EXPLANATION. IT

SAID THE MAJORITY OF EMISSIONS CAN BE CATEGORIZED AS BULK TANK FITTING

LOSSES. RIM SEAL LOSSES. WORKING LOSSES. (INAUDIBLE) LOSSES.

DEGASSING RELEASES. LET'S FOCUS ON WHERE THE REAL ISSUES ARE. LET'S

FOCUS OUR MONEY AND ATTENTION ON THOSE AND LET'S BE SENSITIVE TO THE

COSTS THAT WE IMPOSE AND THE BENEFITS THAT WE HOPE TO ACHIEVE.

FOR THAT REASON I'LL BE VOTING NO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. SCHMITT TO EXPLAIN HIS VOTE.

MR. SCHMITT: THANK YOU, MR. SPEAKER. TO

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NYS ASSEMBLY JUNE 10, 2021

EXPLAIN MY VOTE. I WILL BE VOTING IN THE NEGATIVE. I THINK THAT IT IS

ALWAYS LAUDABLE TO BE LOOKING TO IMPROVE OUR ENVIRONMENTAL STANDARDS

IN NEW YORK. I BELIEVE THIS BILL HAS OVERLOOKED SEVERAL CONCERNS,

PARTICULARLY THE ENVIRONMENTAL IMPACT OF A MASS REPAINTING ACROSS THE

STATE, PARTICULARLY WITH PAINT KNOWN TO PUT OFF VOLATILE ORGANIC

COMPOUNDS, VOCS. I DO NOT BELIEVE THAT THAT ENVIRONMENTAL CONCERN

HAS BEEN TAKEN INTO ACCOUNT. AND PARTICULARLY, THE PROCESS, IF

ANYTHING, ON THE GROUND OR UNDER THE GROUND WOULD BE REPAINTED WITH

THE ENVIRONMENTAL IMPACT OF THAT PAINT AND THE SPECIFIC TYPE OF PAINT

THAT IS NECESSARY.

SO I WILL BE VOTING NO AND URGE OTHERS TO DO THE SAME.

THANK YOU. I WITHDRAW MY REQUEST AND --

ACTING SPEAKER AUBRY: MR. SCHMITT IN THE

NEGATIVE.

MR. TAGUE.

MR. TAGUE: TO EXPLAIN MY VOTE, MR. SPEAKER,

PLEASE.

ACTING SPEAKER AUBRY: PROCEED.

MR. TAGUE: FOR THE REASONS THAT I MENTIONED

DURING THE DEBATE -- AND I WOULD SAY THAT IF THIS BILL HAD MENTIONED THAT

YOU REPLACE YOUR TANKS WITH THESE TYPE OF COLOR TANKS AS THE LIFELESS --

THE LIFELESSNESS OF YOUR TANK WOULD COME UP, WHICH IF YOU KNEW ABOUT

THE PETROLEUM BULK STORAGE, AT A CERTAIN PERIOD OF TIME TANKS -- THE LIFE

OF THE TANK, YOU HAVE TO REPLACE IT. IF YOU WERE TO PUT -- IF YOU WERE TO

AMEND THIS BILL AND THE LAW WOULD SAY THAT AS YOU REPLACE THESE TANKS

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NYS ASSEMBLY JUNE 10, 2021

TO USE IT WITH THESE COLORS, I WOULD BE HAPPY TO SUPPORT IT. BUT TO JUST

GO ACROSS THE STATE OF NEW YORK AND HAVE EVERYONE THAT HAS A

PETROLEUM BULK STORAGE PERMIT AND MAKE THEM REPAINT THEIR TANKS, FOR

THE REASONS THAT WERE DISCUSSED BY MANY OF MY OTHER COLLEAGUES AND

MYSELF, UNFORTUNATELY I WILL BE VOTING IN THE NEGATIVE ON THIS BILL, BUT

DO AGAIN APPRECIATE THE THOUGHTS THAT THE SPONSOR PUT FORWARD.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. TAGUE IN THE

NEGATIVE.

MS. ZINERMAN TO EXPLAIN HER VOTE.

MS. ZINERMAN: MY HAND WAS NOT RAISED.

ACTING SPEAKER AUBRY: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 30, RULES REPORT NO. 736, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07905, RULES REPORT

NO. 736, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY

LAW, IN RELATION TO DEATH BENEFITS FOR CORRECTION OFFICERS EMPLOYED BY

SUFFOLK COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

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

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

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NYS ASSEMBLY JUNE 10, 2021

RECORD THE VOTE ON SENATE PRINT 4441. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD CALL THE HOUSE INTO RECESS, THERE IS A NEED FOR A

RULES COMMITTEE MEETING. IF THERE ARE ANY RULES COMMITTEE MEMBERS

WHO ARE IN THE CHAMBERS SHOULD -- COULD USE THE SPEAKER'S CONFERENCE

ROOM. THOSE WHO ARE REMOTE IF YOU ARE ON RULES, OUR ABLE TECHNICAL

STAFF HERE WILL MAKE SURE THAT YOU'RE IN THAT MEETING AT THE PROPER TIME

AND THEN WE'LL BE IN RECESS FOR A FEW MINUTES. THEN IMMEDIATELY BACK

AFTER RECESS, MR. SPEAKER, WE'RE GOING TO GO RIGHT BACK TO OUR DEBATE

LIST, AND THERE ARE SIGNIFICANT CALENDARS THAT HAVE A LOT OF CONSENT WORK

ON IT THAT NEEDS TO GET DONE TONIGHT. AND SO I THINK WE NEED TO, AGAIN,

STAY FOCUSED TO GET THE HARD WORK DONE IN THESE LAST FEW MINUTES THAT

WE HAVE. SO MR. SPEAKER, WOULD YOU PLEASE PUT US IN RECESS.

ACTING SPEAKER AUBRY: THE HOUSE WILL STAND

AT EASE [SIC].

(WHEREUPON, AT 9:53 P.M., THE ASSEMBLY STOOD IN

RECESS.)

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NYS ASSEMBLY JUNE 10, 2021

* * * * *

A F T E R T H E R E C E S S 10:22 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MRS. PEOPLES-STOKES: THANK YOU. COLLEAGUES,

WE DO HAVE A FEW MORE DEBATES THAT WE'RE GOING TO NEED TO GET

THROUGH, AND WE HAVE AN AWFUL LOT OF BILLS THAT WE'RE GOING TO NEED TO

CONSENT SO I APPRECIATE EVERYBODY FOR THEIR COOPERATION THUS FAR. I ASK

FOR IT A LITTLE BIT LONGER. AND, MR. SPEAKER, IF WE COULD START WITH RULES

REPORT NO. 160, MR. GOTTFRIED, AND THEN GO TO RULES REPORT NO. 203

BY MS. GLICK -- CALENDARS, OR RULES REPORTS - CALENDARS, MR. SPEAKER

- CALENDAR NO. 160, MY APOLOGIES; CALENDAR NO. 203 BY MS. GLICK;

CALENDAR NO. 252 BY MR. O'DONNELL; CALENDAR NO. 284 BY MR.

ZEBROWSKI; CALENDAR NO. 307 BY MR. COLTON; AND CALENDAR NO. 328 BY

MS. WEINSTEIN. WE'LL GO IN THAT ORDER, MR. SPEAKER. WE'LL HAVE A FEW

MORE AFTER THAT, AND THEN WE CAN MOVE ON TO CONSENT.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

PAGE 40, CALENDAR NO. 160, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00868, CALENDAR NO.

160, GOTTFRIED, L. ROSENTHAL, DE LA ROSA, WALKER, WEPRIN, DINOWITZ,

BRONSON, ABINANTI, JOYNER, STECK, SIMON, GLICK, AUBRY, FERNANDEZ,

CRUZ, EPSTEIN, REYES. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH DEGREE; TO

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NYS ASSEMBLY JUNE 10, 2021

AMEND THE GENERAL BUSINESS LAW, IN RELATION TO DRUG-RELATED

PARAPHERNALIA; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE SALE

AND POSSESSION OF HYPODERMIC SYRINGES AND NEEDLES; AND TO REPEAL

SECTION 220.45 OF THE PENAL LAW RELATING TO CRIMINALLY POSSESSING A

HYPODERMIC INSTRUMENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS BILL WOULD BASICALLY AUTHORIZE

ANYONE TO BUY HYPODERMIC NEEDLES OR SYRINGES, PERMIT PHARMACIES TO

ADVERTISE THE AVAILABILITY OF HYPODERMIC SYRINGES AND NEEDLES FOR RETAIL

SALE WITHOUT A PRESCRIPTION, AND OTHERWISE SAY THAT IT'S PERFECTLY LEGAL

AND APPROPRIATE TO HAVE HYPODERMIC NEEDLES IN YOUR POSSESSION,

INCLUDING HYPODERMIC NEEDLES THAT HAVE TRACE AMOUNTS OF HEROIN,

COCAINE, FENTANYL OR ANY OTHER CONTROLLED SUBSTANCE. AND THERE'S TWO --

TWO TRAINS OF THOUGHT, I THINK, ON THIS. ONE IS THAT IF YOU ALLOW

PHARMACIES TO OPENLY ADVERTISE FOR THE SALE OF HYPODERMIC NEEDLES,

YOU'RE MAKING IT A LOT EASIER FOR PEOPLE TO INJECT DRUGS. AND WE KNOW

WHAT A SCOURGE THAT HEROIN AND OPIOIDS AND FENTANYL AND

METHAMPHETAMINE AND ALL THOSE OTHER DRUGS HAVE HAD ON OUR SOCIETY

AND THE HORRIFIC DESTRUCTION IT'S HAD ON THE FAMILY UNITS AND INDIVIDUALS.

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NYS ASSEMBLY JUNE 10, 2021

SO ONE TRAIN OF THOUGHT SAYS WHAT THE HECK ARE YOU THINKING ABOUT

ALLOWING PHARMACIES TO ADVERTISE SYRINGES OVER-THE-COUNTER? AND THEN

THERE'S A SECOND TRAIN OF THOUGHT. AND THE SECOND TRAIN OF THOUGHT IS

THAT, HEY, ADDICTS ARE GOING TO GET NEEDLES ANYWAY, IT'S BETTER THEY BUY

NEEDLES IN BULK FROM PHARMACIES THAT ARE CLEAN RATHER THAN SHARE THEM

BECAUSE WHEN THEY SHARE THEM, THEY TRANSMIT DISEASES INCLUDING AIDS

AND EVERYTHING ELSE, AND SO THE LESSER OF TWO EVILS IS TO GIVE ADDICTS AS

MANY NEEDLES AS THEY WANT.

SO THOSE ARE THE TWO ARGUMENTS AND I SUPPOSE YOU CAN

COME OUT ON EITHER SIDE. JUST SPEAKING FOR MYSELF, I DON'T THINK IT'S -- I

DON'T THINK IT'S A GOOD PUBLIC HEALTH POLICY TO OPENLY ADVERTISE THE

READY AVAILABILITY OF SYRINGES AND DECRIMINALIZE THE POSSESSION OF

SYRINGES THAT CONTAIN TRACE AMOUNTS OF VERY, VERY DANGEROUS DRUGS.

INSTEAD, I THINK A BETTER POLICY IS TO ARREST THOSE INDIVIDUALS THAT HAVE

HYPODERMIC NEEDLES WITH TRACE AMOUNTS OF DRUGS AND PUT THEM IN A

DRUG DIVERSION PROGRAM AND TREATMENT PROGRAM, WHICH HAS PROVEN TO

BE VERY EFFECTIVE, SO THAT WE'RE NOT -- NOT USING LIFESAVING MEASURES

AND WATCHING OUR YOUNG ADULTS DIE IN THE STREET FROM OVERDOSES. MUCH

BETTER APPROACH IN MY OPINION, USE THE CRIMINAL JUSTICE, PUT THEM IN A

DIVERSIONARY PROGRAM, GET THEM TREATMENT, HOPEFULLY HELP THEM SOLVE

THAT ADDICTION PROBLEM BEFORE IT KILLS THEM.

AS YOU WOULD EXPECT, THOSE IN SUPPORT ARE THE GAY

MEN'S HEALTH, NYCON, DRUG POLICY ALLIANCE, AND THOSE WHO ARE

AGAINST IT ARE THE HEALTH CARE ASSOCIATION OF NEW YORK, CONSERVATIVE

PARTY, AS YOU MIGHT EXPECT, IS OPPOSED BECAUSE IT SAYS, CONTINUING TO

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NYS ASSEMBLY JUNE 10, 2021

RELAX LAWS THAT ARE DESIGNED TO COMBAT DRUG USE ONLY SERVES TO

PROLONG AND WORSEN THE DRUG EPIDEMIC IN THE STATE.

SO THERE YOU ARE, THOSE ARE THE TWO ISSUES. I WILL BE

VOTING IN THE NEGATIVE AND ENCOURAGE MY COLLEAGUES TO BECAUSE I THINK

WE SHOULD TRY TO MAKE IT MORE DIFFICULT TO SHOOT UP, AND WHEN WE CATCH

SOMEBODY WHO HAS A SYRINGE THAT STILL HAS A VERY DANGEROUS DRUG, I

THINK WE OUGHT TO GET THEM INTO A TREATMENT PROGRAM INCLUDING USING

THE LEGAL SYSTEM TO DO THAT IF NECESSARY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2523. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED IN AN -- THE OPPOSITION TO THE

PARTY'S POSITION, PLEASE CONTACT THE MINORITY -- MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

PARTY IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO SUPPORT IT

SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN PROPERLY RECORD

YOUR VOTE. THANK YOU, SIR.

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

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THIS HARM REDUCTION LEGISLATION; HOWEVER, SHOULD COLLEAGUES BE

DESIROUS OF BEING AN EXCEPTION, THEY COULD ALWAYS CONTACT THE MAJORITY

LEADER'S OFFICE AND WE'LL BE HAPPY TO RECORD YOUR VOTE.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 43, CALENDAR NO. 203, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04075, RULES --

CALENDAR NO. 203, GLICK, O'DONNELL, COLTON, ENGLEBRIGHT, L.

ROSENTHAL, PERRY, ZEBROWSKI, BYRNE, JACOBSON, EPSTEIN, WEPRIN,

GOTTFRIED, LAVINE, BRONSON. AN ACT TO AMEND THE INSURANCE LAW, IN

RELATION TO PROHIBITING INSURERS FROM CANCELING, REFUSING TO ISSUE OR

RENEW, OR CHARGING HIGHER PREMIUMS FOR HOMEOWNERS' INSURANCE BASED

ON THE BREED OF DOG OWNED.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

GLICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MR. HAWLEY.

(PAUSE)

MR. HAWLEY NEEDS TO BE UNMUTED.

MR. HAWLEY: I THINK I'M UNMUTED, MR. SPEAKER.

ACTING SPEAKER AUBRY: I THINK YOU ARE, TOO,

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NYS ASSEMBLY JUNE 10, 2021

MR. HAWLEY. PROCEED.

MR. HAWLEY: BRIEFLY ON THE BILL, IF I MIGHT.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. HAWLEY: THIS IS A -- A BILL THAT'S BEEN AROUND

A NUMBER OF YEARS. IT WOULD, IN ESSENCE, NOT ALLOW INSURANCE

COMPANIES TO USE UNDERWRITING GUIDELINES, STATISTICS, CLAIMS EXPERIENCE

WHEN IT COMES TO UNDERWRITING A HOMEOWNER'S POLICY OR A RENTER'S

POLICY BASED UPON DIFFERENT TYPES OF BREEDS OF DOGS THAT YOU MAY HAVE.

FOR INSTANCE, RIGHT HERE IN MY HOUSE I HAVE MY YEAR-AND-A-HALF-OLD

LAB. LABRADOR RETRIEVERS STATISTICALLY AND EXPERIENCE-WISE DON'T ALLOW

-- DON'T HAVE A LOT OF CLAIMS IN TERMS OF DOG BITES OR AGGRESSIVENESS.

BUT THERE ARE CERTAIN BREEDS OF DOGS THAT ARE MORE PROTECTIVE OF THEIR

OWNERS. SOME OF THOSE DOGS ARE ROTTWEILERS AND PIT BULLS, CHOWS. I

DID HAVE AN AMERICAN ESKIMO AT ONE POINT, THEY'RE ON THE LIST, AS WELL

AS BOXERS, DOBERMANS, GERMAN SHEPHERDS, ET CETERA.

TO NOT ALLOW INSURANCE COMPANIES TO UTILIZE

UNDERWRITING GUIDELINES AND CLAIMS EXPERIENCE WHEN WRITING

HOMEOWNERS' INSURANCE POLICIES -- FOR INSTANCE, IF YOU HAVE A

30-YEAR-OLD ROOF, THE CHANCES ARE QUITE LIKELY THAT YOU'RE GOING TO HAVE

A LEAKING ROOF AND A CLAIM MAY RESULT. IF YOU HAVE FUSES AS OPPOSED TO

CIRCUIT BREAKERS, THE CHANCES ARE YOU'RE GOING TO HAVE MORE CLAIMS THAN

THOSE THAT HAVE CIRCUIT BREAKERS. IF YOU HAVE PLUMBING THAT'S

GALVANIZED AS OPPOSED TO COPPER OR PVC, THE CHANCES OF HAVING CLAIMS

STATISTICALLY AND EXPERIENCE-WISE ARE FAR GREATER. THE SAME IS TRUE WITH

DOGS. I'VE BEEN IN THE BUSINESS 40 YEARS AND I'VE SEEN -- SEEN A LOT OF

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CLAIMS, UNFORTUNATELY, OVER THE YEARS. I -- I'VE ONLY HAD ONE DOG BITE

MYSELF. AS I LEFT SOMEBODY'S HOME AFTER WRITING A HOMEOWNER'S POLICY

AS I WAS WALKING DOWN THE DRIVEWAY, THEIR DACHSHUND BIT ME IN THE

RIGHT CALF. AND THOSE ARE LITTLE SHARP TEETH I CAN TELL YOU, BUT

DACHSHUNDS ARE NOT ON THAT LIST. BUT THE POINT IS THAT INSURANCE

COMPANIES KNOW, AND VETERINARIANS AND OTHERS AND INSURANCE AGENTS

KNOW WHICH DOGS ARE MORE APT TO BE MORE PROTECTIVE.

I CAN TELL YOU A LITTLE SAD STORY THAT HAPPENED WITH MY

GRANDDAUGHTER ABOUT THREE WEEKS AGO. THEY HAVE A BOXER, A PUPPY,

NOT QUITE A YEAR OLD, AND SHE WAS LYING DOWN NEXT TO HIM ON THE FLOOR

WHILE THE BOXER WAS EATING DINNER. MY GRANDDAUGHTER, FOR WHATEVER

REASON, THIS BOXER TURNED ON HER AND ON HER LEFT CHEEK, SHE'S EIGHT

YEARS OLD, SHE HAS A SIX INCH SCAR, 16 INCHES ON THE BACK OF HER HEAD,

AND FOUR INCHES BELOW HER RIGHT EYE. FORTUNATELY, SHE'S EIGHT YEARS OLD.

THE DOG, FOR WHATEVER REASON, JUST TURNED ON HER AND IT WAS

INSTANTANEOUS. SHE HOPEFULLY IS GOING TO BE ALL RIGHT AND NOT SCARRED. I

CAN RELATE MANY OTHER STORIES, IT'S LATE IN THE EVENING, BUT ONE I DO

REMEMBER WAS AN ELEVEN-YEAR-OLD GIRL SCOUT WENT TO A DOOR SELLING HER

GIRL SCOUT COOKIES, KNOCKED ON THE DOOR AND THE GERMAN SHEPHERD

CAME THROUGH THE SCREEN AND CAUSED A LARGE, LARGE GASH ACROSS HER

CHEST AND STOMACH REQUIRING OVER 100 STITCHES.

THESE ARE THE KINDS OF STORIES AND OH SO MANY MORE

THAT INSURANCE COMPANIES UTILIZE. I LOVE ANIMALS. I LOVE DOGS. BUT

AFTER 40 YEARS IN THE BUSINESS, I CAN TELL YOU THAT THERE ARE REASONS THAT

INSURANCE COMPANIES USE STATISTICS NOT TO DO CERTAIN THINGS, LIKE I

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MENTIONED BEFORE WITH ROOFS AND SIDING AND PLUMBING AND FUSES VERSUS

CIRCUIT BREAKERS. SO I WOULD URGE EVERYONE TO THINK VERY CAREFULLY

ABOUT IT. WE LOVE OUR ANIMALS, WE LOVE OUR PETS, WE LOVE OUR DOGS,

AND IT'S NOT EVERY COMPANY, BY THE WAY. ONE OTHER QUICK STORY,

WHENEVER I GO OUT -- SOME COMPANIES ALLOW THE AGENT TO GO TO

SOMEONE'S HOUSE TO MEET THEIR PET, ONE OF THE HOT DOGS. AND SO I HAVE

MANY, MANY TIMES GONE OUT TO MEET THE DOG OF THE HOUSE AND MY STAFF

SAYS TO ME, DID YOU BRING REMEMBER TO BRING THE RAW HAMBURG IN YOUR

POCKET? YOU GO OUT, YOU MEET THE DOG, YOU MAKE AN ASSESSMENT.

OFTENTIMES I'VE LAID DOWN NEXT TO A GERMAN SHEPHERD THAT I DON'T

KNOW, THEY TAKE A PICTURE OF ME LYING NEXT TO IT AND THE COMPANY WILL

WRITE THAT INSURANCE. SO IT'S NOT ALL INSURANCE COMPANIES THAT HAVE

THESE HOT DOGS LIST -- HOT DOG LISTS, BUT WE NEED TO MAKE SURE THAT WE

ALLOW INSURANCE COMPANIES TO USE -- TO USE UNDERWRITING GUIDELINES

AND STATISTICS WHEN THEY'RE UNDERWRITING INSURANCE.

SO FOR THIS REASON I DON'T -- I NEVER HAVE SUPPORTED

THIS BILL, I APPLAUD THE SPONSOR FOR CONTINUING TO BRING IT UP BUT AT THIS

POINT, NOTHING HAS CHANGED MY MIND AND 40 YEARS EXPERIENCE TELLS ME

THIS IS NOT A GOOD BILL AND I -- AND I URGE OTHERS TO OPPOSE IT, AS WELL.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GLICK.

MS. GLICK: THANK YOU, MR. SPEAKER, BRIEFLY ON THE

BILL, ON THE BILL WHICH IS WHAT'S BEFORE US, NOT A WALK DOWN MEMORY

LANE.

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THE PURPOSE OF THE BILL IS TO PREVENT INSURANCE

COMPANIES FROM DISCRIMINATING AGAINST HOMEOWNERS BASED ON THE

BREED OF DOG THAT THEY OWN; HOWEVER, WHEN THERE IS A DANGEROUS DOG

FINDING BASED ON AG AND MARKET LAW, THE REFUSAL TO EITHER ISSUE A NEW

POLICY, RENEW A POLICY, OR IMPOSE A HIGHER PREMIUM WOULD STILL BE

PERMITTED UNDER THIS. BUT YOU CAN'T DO IT JUST BASED ON THE BREED OF THE

DOG. AND MOST INSURANCE COMPANIES -- THERE'S A VERY LARGE NUMBER OF

INSURANCE COMPANIES HEADQUARTERED IN CONNECTICUT, AETNA, CIGNA

TRAVELERS, A FEW OTHERS. THIS IS JUST A LITTLE SNIPPET FROM THE

CONNECTICUT INSURANCE LAW JOURNAL: THE SCIENCE BEHIND DOG BITES IS

INCLUSIVE AT BEST. MOST SCIENTISTS AUTHORING STUDIES ON DOG BITES HAVE

ACKNOWLEDGED THAT THEIR DATA ARE INCOMPLETE AND SHOULD NOT BE USED

TO ENACT BREED-SPECIFIC LEGISLATION OR TO DENY INSURANCE TO FAMILIES

WITH CERTAIN DOGS. THERE ARE -- THERE ARE SOME STUDIES THAT INDICATE

THAT VISUALLY OBSERVING A DOG, IN 30 TO 40 PERCENT OF THE INSTANCES, A

TRAINED VETERINARIAN WILL NOT GET IT RIGHT, LET ALONE AN INSURANCE ADJUSTER

OR UNDERWRITER.

SO I WOULD SUGGEST TO YOU THAT THIS PROTECTS INSURANCE

COMPANIES BY SAYING IF THERE IS A FINDING OF A DANGEROUS DOG BASED ON

AG AND MARKET LAW, WHICH INDICATES THAT -- SECTION 13 -- 123 OF THE

AG AND MARKET LAW PROVIDES THAT IF A PERSON WITNESSES AN ATTACK OR

THREATENED ATTACK BY A DOG, A JUDGE CAN DECLARE THE DOG TO BE

DANGEROUS AND FORCE THE OWNER TO TAKE CORRECTIVE ACTION, WHETHER IT'S

RESTRAINING A DOG, MUZZLING THE DOG OR IN SERIOUS CIRCUMSTANCES, A DOG

CAN BE ORDERED TO BE PUT DOWN. SO I WOULD SIMPLY SUGGEST THAT

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INSURANCE COMPANIES ARE PROTECTED, FAMILIES ARE PROTECTED. THEY CAN

HAVE THEIR FAMILY PET AND IT'S BASED ON TRAINING, NOT ON THE BREED

SPECIFIC. THERE ARE MANY PEOPLE WHO HAVE ROTTWEILERS THAT ARE THE

SWEETEST ANIMALS, HAVE NEVER TURNED ON ANYONE, AND THEN YOU COULD

HAVE A DACHSHUND NOT CONSIDERED A DANGEROUS DOG THAT BIT MR. HAWLEY

FOR SOME UNKNOWN REASON.

SO I WOULD SIMPLY SUGGEST THAT THE BILL IS A GOOD ONE

AND IT BALANCES BOTH FAMILIES AND THEIR PETS VERSUS THE NEED OF THE

INSURANCE COMPANIES TO BE ABLE TO UNDERWRITE BASED ON THE ACTUAL

EXPERIENCE, WHICH IS HOW THEY TREAT ALL OF US. YOU GET AN EXPERIENCE

RATING IF YOU'RE A BAD DRIVER, YOU GET AN EXPERIENCE RATING IF YOU HAVE A

LOT OF ACCIDENTS, KIDS BREAKING YOUR WINDOWS, OR WHAT HAVE YOU.

THAT'S EXPERIENCE, NOT JUDGING ON THE FACT THAT THERE'S SOME KID NEXT

DOOR WHO OWNS A BASEBALL AND BAT. THANK YOU, MR. SPEAKER. I URGE A

YES VOTE ON THIS VERY WORTHY MEASURE.

ACTING SPEAKER AUBRY: THANK YOU, MS.

GLICK.

MR. BLANKENBUSH.

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

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BLANKENBUSH: INSURANCE UNDERWRITERS ONLY

LOOK AT EXPERIENCE, ONLY LOOK AT STATISTICS. THEY HAVE YEARS AND YEARS

OF STATISTICS, THAT'S WHAT THEY'RE LOOKING AT. AND JUST TO BE REALLY QUICK

ABOUT IT IS THAT MEMORIES AND GOING DOWN MEMORY LANE IS REAL LIFE

STORIES, NOT SCIENTIFIC. IF WE WERE FOLLOWING SCIENTIFIC, WE WOULDN'T BE

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SITTING IN THE ASSEMBLY WEARING A MASK. SO YOUR SCIENTIFIC RESULTS ON

WHATEVER YOU'RE TALKING ABOUT IS NOT REAL LIFE. GIVE ME THE MEMORIES

AND GIVE ME THE REAL LIFE STORIES. THAT'S WHAT I WOULD FEEL AND THAT'S

WHY I'M NOT GOING TO BE VOTING FOR THIS LEGISLATION. THANK YOU.

ACTING SPEAKER AUBRY: MR. LEMONDES AT 20

TO 11:00.

MR. LEMONDES: THANK YOU, MR. SPEAKER. I JUST

FEEL COMPELLED TO SPEAK ON THIS AS AN OWNER OF SEVERAL WORKING DOGS

AND A LIFELONG DOG OWNER. TO MY PREVIOUS COLLEAGUES' POINTS, THERE ARE

BREED SPECIFIC TRAITS ASSOCIATED WITH DOGS, THAT'S WHY THERE ARE

GENERALLY 12 BREEDS RECOGNIZED ON A DANGEROUS BREED LIST FOR MOST

STATES, INCLUDING MOST STATES THAT I HAVE EVER LIVED IN WHICH IS SEVERAL.

THOSE BREED SPECIFIC TRAITS, TO THE DATA MY COLLEAGUE MENTIONED, OVER

TIME LENDS -- LENDS THEMSELVES TO TRENDS WHICH CAN BE ANALYZED WITH

DATA, TO HIS POINT AND TO THE -- THE POINT THAT HE WAS TRYING TO MAKE. SO

BASED ON THE DATA, BASED ON THE FACT THAT BREEDS DO HAVE PROBABILITY OF

OCCURRENCES OF DIFFERENT -- OF DIFFERENT TRAITS, I CAN ONLY SAY THAT I

CONCUR WITH MY COLLEAGUES AND WILL ALSO VOTE IN THE NEGATIVE. THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU.

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 4254. THIS IS A PARTY VOTE. ANY

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NYS ASSEMBLY JUNE 10, 2021

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

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

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. THE

REPUBLICAN PARTY IS GENERALLY OPPOSED TO THIS, BUT THOSE WHO SUPPORT IT

SHOULD CERTAINLY CALL THE MINORITY LEADER'S OFFICE AND WE'LL MAKE SURE

THEIR VOTE IS PROPERLY RECORDED. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE DEMOCRATIC CONFERENCE WILL BE IN FAVOR OF THIS PIECE OF

LEGISLATION; HOWEVER, THERE MAY BE A FEW OF OUR COLLEAGUES THAT WOULD

LIKE TO BE AN EXCEPTION. IF SO, THEY SHOULD CALL THE MAJORITY LEADER'S

OFFICE AND WE WILL BE PLEASED TO RECORD YOUR VOTE.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

(THE CLERK RECORDED THE VOTE.)

MR. HAWLEY TO EXPLAIN TO HIS VOTE.

MR. HAWLEY: BRIEFLY TO EXPLAIN MY VOTE. PART OF

MEMORY LANE THAT I HAVE IS WHAT HAS BEEN PAID OUT IN TERMS OF DOG BITE

CLAIMS, LIABILITY CLAIMS. THESE ARE REAL LIFE FIGURES AND I DIDN'T FOLLOW

THROUGH WITH THAT, BUT THE YOUNG GIRL SCOUT WHO HAD THE 70-SOME-ODD

STITCHES RECEIVED OVER A HALF A MILLION DOLLARS IN A LAWSUIT, $300,00

FROM THE UNDERLYING HOMEOWNER'S POLICY AND $200,000 FROM THE

MILLION DOLLAR UMBRELLA. A YOUNG BOY, FIVE YEARS OLD, ANOTHER GERMAN

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SHEPHERD, HAD KNOWN HIM FOR FIVE YEARS, THE LIMIT OF THE HOMEOWNER'S

POLICY, $300,000. AND IF MY SON'S DAUGHTER, MY GRANDDAUGHTER, HAD

BEEN BITTEN AT SOMEONE ELSE'S HOME BY ANOTHER -- ANOTHER HOMEOWNER'S

-- AT ANOTHER HOMEOWNER'S HOUSE, THEY WOULD HAVE EXHAUSTED THE LIMIT

OF THE POLICY.

SO REAL LIFE FIGURES ARE PAID OUT BY INSURANCE

COMPANIES BASED ON STATISTICS AND THE BREED OF DOGS. IF THEY HAVE A HOT

DOG LIST, THERE'S A REASON FOR THAT. AND WHAT HAPPENS, OF COURSE, IS

THOSE FOLKS THAT ARE REMAINING END UP PAYING MORE FOR THEIR

HOMEOWNER'S INSURANCE PREMIUMS, SO IT HURTS ALL OF US. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. HAWLEY IN THE

NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUES MS. GIGLIO, MS. MILLER, MR. RA, MR. SCHMITT, AND MR.

SMITH IN THE AFFIRMATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

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

COULD PLEASE RECORD OUR COLLEAGUES MS. WALLACE, MS. FAHY, AND MR.

CARROLL IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY JUNE 10, 2021

THE BILL IS PASSED.

PAGE 45, CALENDAR NO. 252, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03861-A, CALENDAR

NO. 252, O'DONNELL, DAVILA. AN ACT TO AMEND CHAPTER 704 OF THE

LAWS OF 1991, AMENDING THE ARTS AND CULTURAL AFFAIRS LAW AND

CHAPTER 912 OF THE LAWS OF 1920 RELATING TO REGULATION OF BOXING AND

WRESTLING MATCHES RELATING TO TICKETS TO PLACES OF ENTERTAINMENT, AND

CHAPTER 151 OF THE LAWS OF 2010, AMENDING THE ARTS AND CULTURAL

AFFAIRS LAW RELATING TO RESALE OF TICKETS OF PLACES OF ENTERTAINMENT, IN

RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

O'DONNELL, 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 7197. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 47, CALENDAR NO. 284, THE CLERK WILL READ.

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NYS ASSEMBLY JUNE 10, 2021

THE CLERK: ASSEMBLY NO. A00394-A, CALENDAR

NO. 284, ZEBROWSKI, JACOBSON. AN ACT TO AMEND THE VEHICLE AND

TRAFFIC LAW, IN RELATION TO PROHIBITING RETAIL DEALERS OF SECOND HAND

MOTOR VEHICLES FROM SELLING MOTOR VEHICLES REQUIRED TO CONTAIN AN

INFLATABLE RESTRAINT SYSTEM BY THE FEDERAL MOTOR VEHICLE SAFETY STANDARD

APPLICABLE TO THAT VEHICLE UNLESS SUCH VEHICLE IS EQUIPPED WITH AN

INFLATABLE RESTRAINT SYSTEM WHICH CONFORMS TO THE FEDERAL MOTOR

VEHICLE SAFETY STANDARD APPLICABLE TO THAT VEHICLE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1834-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. ZEBROWSKI TO EXPLAIN HIS VOTE.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. THIS

BILL PROHIBITS AUTO DEALERS FROM SELLING USED VEHICLES THAT ARE SUPPOSED

TO HAVE AIRBAGS UNLESS THE VEHICLE IS EQUIPPED WITH AN AIRBAG AND AN

AIRBAG READY -- READINESS LIGHT INDICATING IS FUNCTIONING, AND IT REQUIRES

DEALERS TO CERTIFY THAT THE VEHICLE MEETS THESE REQUIREMENTS, SIMILAR TO

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THE WAY THAT DEALERS CAN'T SELL A VEHICLE RIGHT NOW UNLESS IT HAS LAMPS, A

HORN, MIRRORS, SAFETY BELTS, BRAKES AND TIRES, AND THEY ALSO HAVE TO GIVE

DISCLOSURES BASED UPON THINGS LIKE IF THE CAR WAS USED AS A TAXI OR A

POLICE VEHICLE. IT'S NAMED AFTER ANTHONY AMOROS. HE WAS AN

18-YEAR-OLD ROCKLAND RESIDENT WHO TRAGICALLY DIED IN A -- IN A CAR

ACCIDENT. HIS VEHICLE DIDN'T HAVE A FUNCTIONING AIRBAG. HIS FAMILY HAS,

THROUGH THEIR GRIEF, TURNED TO ADVOCACY AND HOPEFULLY WITH THE PASSAGE

OF THIS BILL THROUGH BOTH HOUSES IN HIS MEMORY WILL MAKE NEW YORK A

SAFER PLACE. THANK YOU MR. SPEAKER. I ENCOURAGE MY COLLEAGUES TO

VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI IN THE

AFFIRMATIVE.

ARE THERE -- MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUE, MS. BYRNES, IN THE NEGATIVE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 48, CALENDAR NO. 307, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04046, CALENDAR NO.

307, COLTON, J. RIVERA, ABBATE, CRUZ, AUBRY, ASHBY, MONTESANO,

DESTEFANO, DICKENS, HYNDMAN, WILLIAMS, TAYLOR. AN ACT TO AMEND

THE VEHICLE AND TRAFFIC LAW, IN RELATION TO PARKING INFRACTIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 10, 2021

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 4046. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU. THIS BILL PROVIDES THAT

IF A PARKING TICKET COMES BEFORE A COURT AND THE PARKING TICKET IS

DEFECTIVE ON ITS FACE BECAUSE IT'S ILLEGIBLE OR IS MISSING REQUIRED

INFORMATION, THE JUDGE IS DIRECTED TO DISMISS THE PARKING TICKET WHETHER

OR NOT THE PERSON SHOWS UP. AND WHILE IT IMPOSES A SMALL ADDITIONAL

BURDEN ON THE JUDGE JUST TO GO THROUGH THE PARKING TICKETS TO MAKE SURE

THEY'RE ALL LEGIBLE AND ALL CONTAIN THE RIGHT INFORMATION, HE'LL PROBABLY

ASSIGN THAT TO A LOW LEVEL CLERK, LIKE THE BAILIFF WHO IS OTHERWISE

WAITING FOR VIOLENCE TO OCCUR. AND AS A RESULT, EVERYONE WILL BE TREATED

EQUALLY AND A FEW PEOPLE WILL PROBABLY GET AWAY FROM NOT HAVING TO

PAY THEIR PARKING TICKETS. I SUPPORT THE GENERAL CONCEPT. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

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NYS ASSEMBLY JUNE 10, 2021

PAGE 49, CALENDAR NO. 328, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06474-A, CALENDAR

NO. 328, WEINSTEIN, HEVESI, MCDONALD, FAHY. AN ACT TO AMEND THE

CIVIL PRACTICE LAW AND RULES, IN RELATION TO THE RATE OF INTEREST

APPLICABLE TO MONEY JUDGMENTS ARISING OUT OF CONSUMER DEBT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WEINSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL ON THE

BILL.

MR. GOODELL: THANK YOU. THIS BILL ESTABLISHES A

DIFFERENT AND VARIABLE INTEREST RATE FOR CONSUMER DEBT. UNDER CURRENT

LAW, ALL JUDGMENTS INCUR INTEREST AT THE RATE OF 9 PERCENT PER YEAR,

STRAIGHT INTEREST. MANY OF US HAVE RECOMMENDED THAT THAT RATE BE

ADJUSTED FROM TIME TO TIME TO REFLECT DIFFERENT CHANGES IN FINANCES.

THIS BILL WOULD PROVIDE THAT ALL JUDGMENTS BE 9 PERCENT EXCEPT

CONSUMER DEBT, WHICH WOULD BE THE LESSER OF 3 PERCENT OR THE ONE-YEAR

T BILL. WELL, THAT WOULD CREATE SITUATION WHERE YOU'D HAVE TO FIGURE

OUT NOT ONLY WHETHER IT'S CONSUMER DEBT OR ANY OTHER DEBT, WHICH IS NOT

ALWAYS OBVIOUS BY ANY MEANS ON THE FACE OF THE JUDGMENT, BUT THEN

YOU WOULD HAVE TO RECALCULATE IT ON AN ANNUAL BASIS TO FIGURE OUT HOW

MUCH IS OWED. IT'S NOT FAIR TO CREATE TWO DIFFERENT TIERS, ONE FOR

CONSUMER DEBT, WHATEVER THAT MIGHT MEAN, AND ONE FOR EVERYTHING ELSE

THAT COULD BE TEN TIMES HIGHER. A BETTER APPROACH IS TO HAVE ONE FAIR

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AND REASONABLE INTEREST RATE, NOT MULTIPLE INTEREST RATES THAT ARE

CHANGING EVERY YEAR. AND FOR THAT REASON, I'LL OPPOSE THIS BILL AS BEING

UNFAIR AND UNWORKABLE, AND RECOMMEND TO MY COLLEAGUES OPPOSE IT AS

WELL. THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 45TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 572--24-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 TO -- MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE

CAN RECORD YOUR VOTE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL BE IN FAVOR OF THIS PIECE OF

LEGISLATION; HOWEVER, SHOULD COLLEAGUES DESIRE TO BE AN EXCEPTION, THEY

SHOULD CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL PROPERLY

RECORD THEIR VOTE.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

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NYS ASSEMBLY JUNE 10, 2021

(THE CLERK RECORDED THE VOTE.)

MS. WEINSTEIN TO EXPLAIN HER VOTE.

MS. WEINSTEIN: THANK YOU, MR. SPEAKER. MANY

CONSUMERS ARE -- ARE SUED FOR SMALL DEBTS, OFTEN ONLY THOUSANDS OF

DOLLARS ONLY TO FIND THE JUDGMENTS BEING ENTERED AGAINST THEM ARE FOR A

MUCH GREATER AMOUNT BECAUSE OF THIS NATURE OF THE 9 PERCENT INTEREST.

AND THIS LEGISLATION PARTICULARLY IN THIS TIME OF -- OF COMING OUT OF THIS

TIME OF THE PANDEMIC, WILL BE A LIFELINE FOR CONSUMERS TRYING TO

REASONABLY GET OUT FROM CRUSHING CONSUMER DEBT. CONSUMER DEBT, AS

DEFINED IN OUR -- OUR BILL, AND IT FOLLOWS THE FEDERAL FAIR DEBT

COLLECTION PRACTICES ACT, ARE TRANSACTIONS THAT ARE PRIMARILY FOR

PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, WHETHER OR NOT SUCH

OBLIGATION HAS BEEN REDUCED TO A JUDGMENT THAT'S A FAIR, BUT WE USE THAT

-- THOSE SAME HOUSE, PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. WE SET

THE RATE AT 2 PERCENT POST-JUDGMENT. WE DO ASK THAT THIS BE APPLIED TO

UNPAID AMOUNTS ON CURRENT JUDGMENTS SO WE CAN GET CONSUMERS OUT OF

THE CRUSHING DEBT THAT THEY ARE -- ARE IN AND BACK INTO SPENDING IN OUR

ECONOMY. IT'S A VERY IMPORTANT BILL THAT HAS LOTS OF SUPPORT, AND I WANT

TO JUST TAKE A MOMENT TO THANK THE LAW STUDENTS FROM THE LINCOLN

SQUARE PROJECT, FORDHAM UNIVERSITY, FORDHAM LAW SCHOOL THAT HAVE

BEEN INSTRUMENTAL IN WORKING WITH ME ON THIS PROPOSAL AND HAVE PUT IN

A LOT OF EFFORT. THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WEINSTEIN IN THE

AFFIRMATIVE.

ACTING SPEAKER ZEBROWSKI: ARE THERE ANY

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NYS ASSEMBLY JUNE 10, 2021

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, MOVING

RIGHT ALONG, WE'RE GOING TO CONTINUE OUR WORK WITH CALENDAR NO. 373

BY MS. ROZIC; CALENDAR NO. 376 BY MS. JOYNER; FOLLOWED BY RULES

REPORT NO. 195 BY MS. ZINERMAN; AND RULES REPORT NO. 275 BY MS.

DAVILA; AND RULES REPORT NO. 344 BY MR. VANEL. IN THAT ORDER, MR.

SPEAKER.

ACTING SPEAKER ZEBROWSKI: THANK YOU,

MRS. PEOPLES-STOKES.

PAGE 51, CALENDAR NO. 373, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06466-A, CALENDAR

NO. 373, ROZIC, MITAYNES. AN ACT TO AMEND THE WORKERS'

COMPENSATION LAW, IN RELATION TO PROVIDING LANGUAGE ACCESS SERVICES.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED.

MR. GOODELL.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. GOODELL: THIS BILL REQUIRES THE WORKERS'

COMPENSATION BOARD TO TRANSLATE ALL DOCUMENTS AND FORMS USED BY OR

ISSUED TO INJURED EMPLOYEES INTO THE TEN MOST COMMON NON-ENGLISH

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NYS ASSEMBLY JUNE 10, 2021

LANGUAGES. IT'S -- IT JUST PRESENTS A HOST OF PRACTICAL ISSUES. IT'S ONE

THING TO SAY THAT ALL THEIR NOTICES HAVE TO BE IN MULTIPLE LANGUAGES,

BECAUSE YOU DO THE TRANSLATION ONCE, YOU PUT UP THE NOTICES AND

REGARDLESS OF YOUR LANGUAGE, YOU CAN READ THE NOTICE AND GET THE

INFORMATION. BUT THIS BILL TAKES IT A STEP FURTHER AND SAYS THAT ALL THE

DOCUMENTS AND FORMS USED BY OR ISSUED TO HAVE TO BE IN TEN DIFFERENT

LANGUAGES.

SO LET ME ASK YOU THE PRACTICAL QUESTION: YOU HAVE

AN ENGLISH EMPLOYER, HIRES DIFFERENT PEOPLE WHO MAY BE BILINGUAL,

THEY GET THE FORMS IN THEIR NATIVE LANGUAGE AND FILL THEM OUT IN THEIR

LANGUAGE -- NATIVE LANGUAGE. WHO TRANSLATES THOSE FORMS FOR THE

EMPLOYER SO THAT THE EMPLOYER CAN UNDERSTAND WHAT THE CLAIM IS? AND

WHEN THE EMPLOYER ANSWERS, IS THE WORKERS' COMP BOARD THEN GOING

TO TRANSLATE IT BACK INTO WHATEVER? I MEAN, IT MIGHT BE MANDARIN,

FRENCH, WHO KNOWS. ARE THEY THEN GOING TO TRANSLATE IT? ARE WE

GOING TO TRANSLATE EVERY PIECE OF CORRESPONDENCE THAT GOES BACK AND

FORTH ON A WORKERS' COMP CASE?

A MUCH PRACTICAL -- MORE PRACTICAL APPROACH THAT

REFLECTS OUR LANGUAGE DIVERSITY IS TO SAY ENGLISH IS THE LANGUAGE IN

WHICH WE TRANSLATE DOCUMENTS AND SO IF ANYONE WANTS TO SEND THEM THE

FOREIGN LANGUAGE DOCUMENT, WE'LL TRANSLATE IT TO ENGLISH, BUT WE'LL RELY

ON ENGLISH TRANSLATIONS AND LOOK TO THE APPLICANT TO FIND SOMEONE

WHO'S BILINGUAL OR WHO CAN HELP THEM TRANSLATE THE DOCUMENTS INTO

ENGLISH. NO PROBLEM AT ALL WITH ALL THE NOTICES, INSTRUCTIONS, ANYTHING

ELSE IN A FOREIGN LANGUAGE, BUT WE REALLY SHOULDN'T HAVE THE WORKERS'

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COMP BOARD INVOLVED IN PROVIDING UNLIMITED TRANSLATION SERVICES. IT

MAKES MORE SENSE TO HAVE THE INDIVIDUALS TRANSLATE THEIR OWN

DOCUMENTS INTO ENGLISH SO THAT THE EMPLOYER AND THE WORKERS' COMP

JUDGE, ADMINISTRATIVE LAW JUDGE, THE STAFF, CAN ALL READ THE SAME

DOCUMENTS WITH THE SAME UNDERSTANDING.

FOR THAT REASON, I'LL BE OPPOSING ANY TRANSLATION

REQUIREMENT WHILE SUPPORTING THE DESIRE BY THE SPONSOR TO HAVE FORMS

AVAILABLE AND NOTICES AVAILABLE IN DIFFERENT LANGUAGES. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

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

90TH DAY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 1022-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 MINORITY OR MAJORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO

SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE

CAN RECORD YOUR VOTE. THANK YOU.

ACTING SPEAKER ZEBROWSKI: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN SUPPORT OF THIS

ITEM; HOWEVER, THERE MAY BE SOME COLLEAGUES WHO WOULD LIKE TO AN

EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S

OFFICE AND WE WILL PROPERLY RECORD THEIR VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE

RECORD MY COLLEAGUE MS. MILLER AND MR. RA IN THE AFFIRMATIVE. 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 6, RULES REPORT NO. 195, THE CLERK WILL READ.

THE CLERK: SENATE NO. S01579-A, RULES REPORT

NO. 195, SENATOR PARKER (ZINERMAN, SILLITTI, NOLAN, DICKENS, TAYLOR,

JACKSON--A05293-A). AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND

PROCEEDINGS LAW, IN RELATION TO REQUIRING A PLAINTIFF IN A MORTGAGE

FORECLOSURE ACTION TO MAINTAIN THE SUBJECT PROPERTY.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. GOODELL: THIS BILL REQUIRES A PLAINTIFF WHO

COMMENCES A MORTGAGE FORECLOSURE ACTION ON REAL PROPERTY THAT IS

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VACANT OR BECOMES VACANT AFTER THE COMMENCEMENT OF THE ACTION TO

MAINTAIN THE PROPERTY UNTIL OWNERSHIP HAS TRANSFERRED. THE PROBLEM

WITH THIS LEGISLATION FROM A PRACTICAL PERSPECTIVE IS THAT A LOT OF PEOPLE

DON'T REALIZE THAT WHEN A BANK HAS A MORTGAGE ON YOUR HOUSE, THE BANK

DOESN'T OWN YOUR HOUSE. THE MORTGAGE ONLY GIVES THEM THE RIGHT TO

SELL THE HOUSE TO PAY THE DEBT. THEY DON'T HAVE TO, IT'S THE BANK'S

OPTION. AND SO I'VE DEALT WITH BANKS WHERE THE HOUSE WAS IN SUCH

DISREPAIR THE BANK WALKED FROM THE MORTGAGE BECAUSE IT WAS JUST A

SECURITY INTEREST, AND SUED ON THE NOTE.

NOW WHAT THIS BILL IS AIMED AT CORRECTING IS THE FACT

THAT NEW YORK'S MORTGAGE FORECLOSURE PROCESS IS NOW THE LONGEST IN

THE NATION. BRAVO. PAT OURSELVES ON THE BACK, IT TAKES OVER THREE YEARS.

AND WE MADE IT THREE YEARS, IT USED TO BE SIX MONTHS. AND WHEN WE

MADE IT THREE YEARS, WHAT HAPPENED? WE ENDED UP WITH ZOMBIE

PROPERTIES. THAT WAS THE FIRST PROBLEM. AND SO THEN EVERYONE SCREAMS

AND SAY, HOW COME YOU HAVE THESE ZOMBIE PROPERTIES? WELL, BECAUSE

WE DIDN'T CLOSE WITHIN SIX MONTHS LIKE WE USED TO DO AND SELL THEM

WHILE THEY WERE STILL NICE PROPERTIES. THAT WAS THE FIRST PROBLEM WITH

STRETCHING OUT THE MORTGAGE FORECLOSURE PROCESS, WHICH THIS LEGISLATURE

DID STARTING IN 2008.

THE SECOND PROBLEM IS AS THAT PROPERTY DETERIORATED,

SO DID ITS VALUE. AND UNDER THE MORTGAGE FORECLOSURE LAW, AT THE END

OF THAT PROCESS THE BANK HAS AN AUCTION, AND IF THE AUCTION PRICE

EXCEEDS WHAT'S OWED TO THE BANK THE OWNER GETS THE MONEY BACK. BUT

BECAUSE THESE PROPERTIES ARE VACANT FOR SO LONG, BY THE TIME THERE'S AN

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AUCTION, THE BANK FEES, THE LATE CHARGES, THE UNPAID TAXES AND THE

DETERIORATION IN THE PROPERTY MEANS THAT THE OWNERS LOSE ALL OF THEIR

EQUITY. WHAT A HORRIFIC SITUATION. SO NOW WE COME IN AND SAY AFTER

WE SCREWED UP THE MORTGAGE FORECLOSURE PROCESS IN THE BEGINNING,

INSTEAD OF SHORTENING IT AND MAKING IT EFFICIENT AND HELPING BANKS

FORECLOSE AND HELPING OWNERS RECOVER THEIR EQUITY, WE NOW TRY TO

IMPOSE A NEW BURDEN ON BANKS. WE SAID TO BANKS JUST THIS YEAR, FOR A

YEAR-AND-A-HALF, YOU CAN'T EVEN COMMENCE A MORTGAGE FORECLOSURE, JUST

WATCH THE PROPERTY DETERIORATE IN FRONT OF YOUR EYES AND THEN WHEN WE

FINALLY LET YOU COMMENCE THE ACTION, WE WANT YOU TO COME IN THERE,

CLEAN IT UP, MOW THE LAWN, REPAINT IT, FIX THE WINDOWS, SECURE IT AGAINST

VERMIN AND DO EVERYTHING ELSE.

SO WHAT HAPPENS WHEN WE DO THIS? WHAT HAPPENS IS

THE BANKS LOSE THEIR SHIRT EVERY TIME THEY GO THROUGH A MORTGAGE

FORECLOSURE PROCESS, AND THEY'RE NOT IN THE BUSINESS OF LOSING MONEY, IN

CASE YOU WEREN'T AWARE OF THAT. SO WHEN THEY LOSE MONEY ON A

MORTGAGE FORECLOSURE, THEY REDOUBLE THEIR EFFORTS TO MAKE SURE THEY

DON'T LEND TO PEOPLE WHO ARE LIKELY TO GO INTO FORECLOSURE. AND WHAT'S

THAT MEAN? THEY RAISE THE CREDIT SCORE. THEY RAISE THE DOWN PAYMENT.

THEY RAISE THE DEBT-TO-EQUITY RATIOS. ALL OF THAT. AND WHO GETS HURT?

THE WORKING POOR WHO NO LONGER CAN MEET THE UNDERWRITING STANDARDS.

SO THAT'S WHAT WE'RE DOING HERE, WE'RE DESTROYING THE AMERICAN DREAM

BY MAKING IT IMPOSSIBLE FOR THE WORKING POOR TO GET A MORTGAGE

BECAUSE THE RISKS TO THE BANK ARE SO HIGH THEY CAN'T AFFORD IT AND IF THEY

DO GET A MORTGAGE, IT'S A HIGH INTEREST RATE. LET'S NOT KEEP PILING ON THE

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NYS ASSEMBLY JUNE 10, 2021

BANKS. YEAH, SURE THEY'VE GOT A VAULT. THAT DOESN'T MEAN THEY HAVE

MONEY THEY WANT TO GIVE AWAY. WE PILE EXPENSES ONTO THE BANK, THE

BANK TURNS AROUND AND PASSES THEM ON TO US. THEY PASS THEM ON IN

HIGHER INTEREST RATE TO THOSE WHO ARE AT HIGHER RISK, THEY PASS THEM ON

TO US IN HIGHER UNDERWRITING STANDARDS. THEY PASS THEM ON TO US IN

EVERY CONCEIVABLE WAY.

RAISING THE COSTS ON BANKS, ENCOURAGE THEM TO DROP

THE PROPERTY COMPLETELY AND SUE ON THE NOTE, FORCING BANKS TO RAISE

UNDERWRITING STANDARDS AND FORCING BANKS TO RAISE THE DEPOSIT, FORCING

BANKS TO GET OUT OF THE MORTGAGE MARKET FOR WORKING POOR IS NOT A

SOLUTION, IT IS A DISASTER AND THIS LEGISLATION MAKES IT WORSE. FOR THAT

REASON, I'LL BE OPPOSING IT.

ACTING SPEAKER ZEBROWSKI: MR. RODRIGUEZ.

(PAUSE)

MR. RODRIGUEZ.

NOT SEEING MR. RODRIGUEZ, READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE SENATE BILL 1579-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

PARTY IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO SUPPORT IT

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NYS ASSEMBLY JUNE 10, 2021

ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE AND WE'LL RECORD

YOUR VOTE ACCORDINGLY. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: MS. HUNTER.

MS. HUNTER: YES, THANK YOU, MR. SPEAKER. I'D

LIKE TO REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY

MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY

EXCEPTIONS, I ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S

OFFICE AND YOU WILL BE RECORDED ACCORDINGLY. THANK YOU.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER ZEBROWSKI: MS. ZINERMAN

TO EXPLAIN HER VOTE.

MS. ZINERMAN: MR. SPEAKER, THANK YOU FOR

PERMISSION TO EXPLAIN MY VOTE. THIS IS A VERY SIMPLE BILL ASKING THE

MORTGAGE FORECLOSURE -- THE PLAINTIFFS IN A MORTGAGE FORECLOSURE ACTION

TO ACT IN GOOD FAITH AT THE COMMENCEMENT OF A FORECLOSURE ACTION AND

THROUGHOUT THE FORECLOSURE PROCESS. WE ARE TRYING TO PROTECT

HOMEOWNERS AND THE -- AND ENSURE THAT PROPERTY RATES IN

NEIGHBORHOODS DO NOT -- AREN'T DEVALUED BECAUSE THERE ARE PROPERTIES

THAT AREN'T MAINTAINED IN THE COUNTRY -- IN THE COMMUNITY. WE KNOW

THAT NATIONALLY PEOPLE ONLY -- ONLY -- LESS THAN 30 PERCENT OF THE PEOPLE

NATIONALLY ACTUALLY OWN THEIR HOMES FREE AND CLEAR. AND SO EARLIER

WHEN IT WAS MENTIONED THAT BANKS DON'T OWN THE BANK -- OWN THESE

HOMES, IS NOT EXACTLY TRUE. THE BANKS DO HAVE RESPONSIBILITIES FOR

THOSE PROPERTIES BECAUSE THEY'RE HOLDING THE MORTGAGES FOR THEM.

WE'RE SIMPLY ASKING WITH THIS BILL FOR THEM TO MAINTAIN THE PROPERTY SO

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NYS ASSEMBLY JUNE 10, 2021

THAT NOBODY GETS HURT, THAT NOBODY STEALS IT, SO THAT THE NEXT

HOMEOWNER GETS ACTUALLY WHAT THEY PAID FOR ONCE THAT PROPERTY HAS

CHANGED HANDS. AND SO FOR THAT REASON, I AM ASKING MY COLLEAGUES TO

ENSURE THE STABILITY OF NEIGHBORHOODS THROUGHOUT OUR STATE AND SUPPORT

THIS BILL. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ZEBROWSKI: MS. ZINERMAN

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 8, RULES REPORT NO. 275, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07706, RULES REPORT

NO. 275, DAVILA. AN ACT TO AMEND THE FAMILY COURT ACT AND THE

CRIMINAL PROCEDURE LAW, IN RELATION TO JUVENILE DELINQUENCY CHARGES

OF VIOLATIONS IN THE FAMILY COURT.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MS. WALSH: SO THIS BILL SAYS THAT BECAUSE OF RAISE

THE AGE UNDER CURRENT LAW, 16- AND 17-YEAR-OLD OFFENDERS CONVICTED OF

VIOLATIONS ARE NOW SUBJECT ONLY TO CONDITIONAL OR UNCONDITIONAL

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NYS ASSEMBLY JUNE 10, 2021

DISCHARGE, JAIL UP TO 15 DAYS AND/OR A FINE UP TO $250. WHAT THIS BILL

DOES IS IT AMENDS THAT AND SAYS THAT A 16- OR 17-YEAR-OLD COULD NOT BE

SECURELY DETAINED, OR PLACED ON PROBATION, OR PLACED OUT OF THEIR HOUSE

WHERE THE ONLY FINDING MADE AFTER A TRIAL OR ADMISSION IS A VIOLATION.

SO LET ME BREAK IT DOWN QUICKLY. YOU DON'T COME INTO

A JUVENILE DELINQUENCY PROCEEDING WITH ONLY A VIOLATION. WHAT'S GOING

TO HAPPEN IS SOMETHING HAPPENS, THERE'S A MISDEMEANOR, THERE MIGHT

BE A FELONY, THERE MIGHT BE A COUPLE OF MISDEMEANORS, A COUPLE OF

FELONIES AND THEN THERE'S A VIOLATION THAT COMES ALONG WITH IT. THEY'RE

ALL COMING OUT OF THE SAME OCCURRENCE, OKAY? SO YOU'VE GOT A BUNDLE

OF THESE DIFFERENT THINGS THAT ARE BEING ALLEGED. SO IF -- IF WHAT YOU'RE

DOING AT THE END OF THE DAY, ALL YOU'VE GOT LEFT IS A VIOLATION THEN

PROBABLY WHAT HAPPENED IS THAT THERE WAS SOME KIND OF A DEAL WORKED

OUT. WE WOULD CALL IT A PLEA BARGAIN, RIGHT, IN CRIMINAL COURT. SAME

IDEA. SO THERE'S A PLEA BARGAIN WHERE THE -- THE YOUTHFUL OFFENDER IS

GOING TO ADMIT TO A VIOLATION.

SO THIS BILL SAYS THAT IF THAT'S THE CASE DESPITE THE FACT

THAT THERE, YOU KNOW, THERE WERE OTHER THINGS INVOLVED, MISDEMEANORS

AND FELONIES INVOLVED, THAT YOU COULDN'T EVEN ORDER PROBATION OR SECURE

DETENTION OR PLACEMENT OUT OF THEIR HOME UNDER THAT SITUATION. SO

WHAT'S GOING TO HAPPEN IN THAT SITUATION I THINK IS THAT IT'S GOING

PROVIDE A DISINCENTIVE FOR THE FAMILY COURT JUDGE TO ACCEPT A PLEA TO

ONLY A VIOLATION BECAUSE IT'S GOING TO REALLY TIE THE HANDS OF THE JUDGE.

IT'S GOING TO TAKE AWAY A LOT OF SENTENCING DISPOSITIONAL OPTIONS THAT THE

JUDGE IS GOING TO HAVE. SO THAT WOULD BE AN UNINTENDED CONSEQUENCE

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NYS ASSEMBLY JUNE 10, 2021

THAT I DON'T THINK WOULD BE GOOD BECAUSE WHAT'S GOING TO HAPPEN THEN

IS IF THE -- IF THE JUDGE IS GOING TO REQUIRE MORE THAN A VIOLATION, YOU'RE

GOING TO HAVE A JD ALLOCUTING TO SOMETHING THAT IS HIGHER, THAT'S GOING

TO BE, YOU KNOW, A MISDEMEANOR OR ELSE.

SO I UNDERSTAND THE REASON FOR THE RULE. YOU KNOW,

THE RATIONALE IS THAT A 16- OR 17-YEAR-OLD SHOULDN'T BE TREATED WORSE IN

FAMILY COURT THAN WOULD IF THEY WENT THROUGH A LOCAL CRIMINAL COURT AS

AN ADULT, BUT MY RESPONSE TO THAT IS WELL, YOU KNOW, YOU CAN'T HAVE IT

BOTH WAYS. YOU KNOW, IN -- EVEN IF -- IF YOU WERE IN LOCAL CRIMINAL

COURT ON A VIOLATION, YOU COULD STILL SERVE UP TO 15 DAYS. SO IT, YOU

KNOW, IT'S -- IT'S STILL OUT THERE. I THINK THAT, YOU KNOW, HAVING OPTIONS

AVAILABLE FOR DISPOSITION IN FAMILY COURT IS A GOOD THING, TAKING THEM

AWAY IS A BAD THING. ELIMINATING OR REDUCING A JUDGE'S DISCRETION TO

CRAFT AN APPROPRIATE DISPOSITION IS A BAD THING AND I THINK THAT MAY

POTENTIALLY CREATE A SITUATION WHERE YOU'VE GOT A YOUTHFUL OFFENDER

PLEADING TO SOMETHING HIGHER THAN A VIOLATION IS NOT A GOOD THING

EITHER.

SO FOR THOSE -- ALL OF THOSE REASONS, I'LL BE VOTING

AGAINST THIS BILL AND I WOULD ENCOURAGE MY COLLEAGUES TO DO THE SAME.

THANK YOU.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 7171. THIS IS A PARTY VOTE. ANY

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NYS ASSEMBLY JUNE 10, 2021

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

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

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: THANK YOU.

MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. THIS IS A PARTY

VOTE. MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE

ARE ANY MEMBERS THAT WOULD LIKE TO VOTE IN THE NEGATIVE, IF THEY COULD

CALL THE MAJORITY LEADER'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED, I

WILL THEN ANNOUNCE YOUR NAME ACCORDINGLY.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER ZEBROWSKI: MS. HUNTER.

MS. HUNTER: YES. IF WE COULD MARK MR. STERN IN

THE NEGATIVE, PLEASE.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 10, RULES REPORT NO. 344, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06283, RULES REPORT

NO. 344, VANEL. AN ACT TO AMEND THE EXECUTIVE LAW AND THE CRIMINAL

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NYS ASSEMBLY JUNE 10, 2021

PROCEDURE LAW, IN RELATION TO DIRECTING THE SUPERINTENDENT OF STATE

POLICE TO DEVELOP AND INSTITUTE CHILD-SENSITIVE ARREST POLICIES AND

PROCEDURES FOR INSTANCES WHERE POLICE ARE ARRESTING AN INDIVIDUAL WHO

IS A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR

CUSTODY OF A CHILD.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. GOODELL: ONE OF THE MOST TRAGIC HUMAN

SITUATIONS THAT WE SEE OVER AND OVER AND OVER IS WHEN A PARENT

COMMITS A SERIOUS FELONY OR A SERIOUS CRIME, IS ARRESTED AND IS IN

PRISON. AND WHEN THAT HAPPENS, OF COURSE, THEY'RE NO LONGER RAISING

THEIR CHILD. AND AS ONE OF MY COLLEAGUES MENTIONED IN SOME DETAIL, IT

CAN PROVIDE LONG-TERM CHILD TRAUMA. SO THIS BILL TRIES TO ADDRESS PART OF

THAT ISSUE BY SAYING THAT WHEN THE POLICE COME AND ARREST A PARENT, THEY

NEED TO DO SO IN A MANNER THAT IS CHILD SENSITIVE. IF THE CHILD IS LESS

THAN 18 YEARS OLD, THAT MEANS THEY ARE A SENIOR IN HIGH SCHOOL OR MAYBE

JUST A LITTLE BIT OLDER, OR YOUNGER THAN THAT, THEN THEY NEED TO IDENTIFY

AND ENSURE THE SAFETY OF THE CHILD. THEY NEED TO MAKE -- THEY NEED TO

INQUIRE AND DOCUMENT WHETHER THE PERSON WHO IS BEING ARRESTED IS A

PARENT, GUARDIAN OR PERSON LEGALLY CHARGED WITH THE CARE AND CUSTODY OF

A CHILD. THEY THEN HAVE TO MAKE ARRANGEMENTS FOR THE TEMPORARY CARE

OF THE CHILD. AND PRESUMABLY, THAT DOESN'T MEAN PUTTING THE CHILD IN

THE SAME JAIL CELL OR AN ADJOINING JAIL CELL, BUT PRESUMABLY MAKING

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NYS ASSEMBLY JUNE 10, 2021

OTHER APPROPRIATE ARRANGEMENTS. AND THEN THEY NEED TO ALLOW THE

PARENT OR GUARDIAN MULTIPLE PHONE CALLS, NOT JUST ONE BUT MULTIPLE, TO

HOPE -- HOPEFULLY HELP THEM ARRANGE FOR CHILD CARE. AND WE IMPOSE ALL

THESE CHILD SENSITIVE REQUIREMENTS ON OUR POLICE EVEN AS WE'RE

DEFUNDING THEM AND EXPECTING THEM TO DO MORE AND MORE, AND EVEN AS

THEY'RE FACING EXTRAORDINARILY VIOLENT CRIMINALS.

SO RIGHT AFTER THEY SUBDUE THE CRIMINAL, MAKING SURE

THE CRIMINAL IS NOT HURT, DISARM THEM, ARREST THEM, THEN PRESUMABLY A

SECOND UNIT, THE CHILD CUSTODY CARE SENSITIVITY SOCIAL -- SOCIAL

ASSISTANCE UNIT MOVES IN AND MAKES SURE THE CHILD IS PROPERLY TAKEN

CARE OF. IT IS WITHOUT A DOUBT A VERY DIFFICULT AND SERIOUS ISSUE. I'M NOT

SURE THAT IT'S APPROPRIATE TO IMPOSE NEW DUTIES AND NEW LIABILITIES ON

NOT JUST THE STATE POLICE, BUT ON EVERY LOCAL POLICE OFFICER IN THE STATE

OF NEW YORK. IN MY COUNTY, I HAVE VERY SMALL POLICE DEPARTMENTS.

THEY MAY ONLY HAVE ONE OR TWO MEN ON A SHIFT, OR WOMEN, AT ANY

GIVEN TIME.

SO WE NEED TO BALANCE THIS, AND MY RECOMMENDATION

IS BEFORE WE IMPOSE A NEW UNFUNDED MANDATE ON EVERY POLICE OFFICER

IN THE STATE OF NEW YORK, WE SHOULD TRY IT IN A DEMONSTRATION PROGRAM

USING THE STATE POLICE AND SEE IF WE CAN WORK OUT THE KINKS. AND IT'S

CERTAINLY A SERIOUS ISSUE, IT'S A SERIOUS PROBLEM, IT'S A HORRIFIC TRAGEDY

WHEN PARENTS ARE SENT TO PRISON. I WISH PARENTS WERE LAW-ABIDING AND

IT WOULDN'T HAPPEN, BUT IT DOES.

THIS IS OPPOSED BY THE CONSERVATIVE PARTY BECAUSE OF

THEIR CONCERN ON THE IMPACT ON LAW ENFORCEMENT. THERE'S CONCERNS

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NYS ASSEMBLY JUNE 10, 2021

RAISED BY OTHERS ABOUT THE LIABILITY TO LOCAL GOVERNMENTS IN AN

ADDITIONAL UNFUNDED MANDATE. SO MY RECOMMENDATION IS THAT WE VOTE

AGAINST THIS BILL, BUT LOOK TO IMPLEMENT A PILOT DEMONSTRATION PROGRAM

USING OUR OWN STATE POLICE TO WORK OUT THE BUGS SO WE CAN HAVE A

SYSTEM THAT WORKS SMOOTHLY. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: MR. WALCZYK.

MR. WALCZYK: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. WALCZYK: MR. SPEAKER, THIS -- THIS PIECE OF

LEGISLATION SORT OF SUGGESTS THAT STATE POLICE AREN'T ALREADY TRAINED,

DON'T ALREADY CONSIDER THE SENSITIVITY THAT'S INVOLVED. THERE'S PROTOCOLS

AND THERE'S MEMOS AND POLICE CHIEFS AND STATE POLICE ADVISORS HAVE

ALREADY COME OUT AND -- AND GIVEN A LOT OF DIFFERENT PROTOCOLS THAT

ADDRESS THIS ISSUE. BUT IT'S DIFFICULT IN A POLITICAL BODY LIKE THIS THAT

WANTS TO CONTINUALLY DEMONIZE OUR POLICE OFFICERS, AND THAT'S -- THAT'S

ESSENTIALLY WHAT WE'RE DOING HERE IS SAYING, YOU KNOW, THEY DON'T KNOW

HOW DO THEIR JOB ON THE GROUND SO WE NEED TO MAKE THEM DO IT BETTER,

WE HAVE TO MAKE THEM FOLLOW THESE NEW PROTOCOLS. LOOK, DO A

RIDE-ALONG BEFORE YOU INTRODUCE A BILL LIKE THIS AND DO A RIDE-ALONG

BEFORE YOU VOTE ON A BILL LIKE THIS. THAT'S WHAT I WOULD SUGGEST.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

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

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NYS ASSEMBLY JUNE 10, 2021

DAY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 6283. 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: SIR, THIS IS A PARTY VOTE. THE

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED. THOSE WHO WISH TO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER, THIS IS A PARTY

VOTE. MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE

ARE ANY EXCEPTIONS, PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AT THE

NUMBER PREVIOUSLY PROVIDED AND WE WILL ANNOUNCE YOUR NAME

ACCORDINGLY.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER ZEBROWSKI: MS. HUNTER.

MS. HUNTER: YES, IF YOU COULD RECORD THE

FOLLOWING MEMBERS AS A NO VOTE: STERN, CUSICK, COLTON.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. HUNTER.

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NYS ASSEMBLY JUNE 10, 2021

MS. HUNTER: YES, MR. SPEAKER. I'M GOING TO

PROVIDE THE NEXT ORDER OF BUSINESS HERE. WE'RE GOING TO TAKE UP THE

NEXT FOUR BILLS ON DEBATE, ALL BY MR. BRONSON. WE'RE GOING IN ORDER

HERE: RULES REPORT NOS. 525, 526, 528, AND 529. THANK YOU.

ACTING SPEAKER ZEBROWSKI: THANK YOU,

MS. HUNTER.

PAGE 15, RULES REPORT NO. 525, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00946-B, RULES REPORT

NO. 525, SENATOR GAUGHRAN (BRONSON, JACOBSON--A01034-B). AN ACT

TO AMEND THE WORKERS' COMPENSATION LAW, IN RELATION TO ATTORNEY'S

FEES.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 946-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 IS ONE OF A

CONTINUING EFFORT TO MAKE SURE THAT OUR ATTORNEYS ARE WELL PAID IN NEW

YORK STATE, AND WHAT IT DOES IS CHANGE THE WORKERS' COMPENSATION

LAW --

ACTING SPEAKER ZEBROWSKI: MR. GOODELL,

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NYS ASSEMBLY JUNE 10, 2021

SORRY TO INTERRUPT, BUT YOU HAVE TO FIRST GIVE THE PARTY POSITION.

MR. GOODELL: I WAS JUST LEADING UP TO THAT.

I WAS JUST WARMING UP TO THAT. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED FOR THE REASONS I WAS JUST ABOUT

TO EXPLAIN. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: THANK YOU.

MS. HUNTER.

MS. HUNTER: YES, THIS IS A PARTY VOTE. MAJORITY

MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY

EXCEPTIONS, PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL

THEN ANNOUNCE YOUR NAME ACCORDINGLY.

ACTING SPEAKER ZEBROWSKI: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO CONTINUE EXPLAINING YOUR VOTE.

MR. GOODELL: THANK YOU. I WAS SO ANXIOUS TO

GET RIGHT TO THE MEAT OF THE MATTER.

UNDER THE CURRENT WORKERS' COMP LAW, AN ATTORNEY

WHO IS SUCCESSFUL IN A CLAIM CAN APPLY FOR ATTORNEY'S FEES. THE

WORKERS' COMP BOARD REVIEWS THE HOURLY RATE, THE RESULTS, THE NATURE

AND EXTENT OF THE WORK, HOW DIFFICULT IT WAS, AND THEY CAN AWARD

REASONABLE ATTORNEY'S FEES. THIS CHANGES THE LAW TO GIVE ATTORNEYS A

DIRECT CONTINGENCY FEE, SO IF THE AWARD IS MADE DIRECTING THE

CONTINUATION OF WEEKLY COMPENSATION FOR TOTAL OR PARTIAL DISABILITY, THE

ATTORNEY'S FEES SHALL BE ONE-THIRD OF ONE WEEK'S COMPENSATION, AND THEN

IT GOES DOWN FROM THERE.

387

NYS ASSEMBLY JUNE 10, 2021

AND WHILE I APPRECIATE THE DESIRE TO ENSURE THAT OUR

ATTORNEY COLLEAGUES ARE WELL PAID IN WORKER'S COMP CASE, I THINK THE

CURRENT PROGRAM, WHICH IS INDIVIDUALIZED BASED ON THE HOURS THAT ARE

WORKED AND THE TIME THAT IS DEVOTED AND THE DIFFICULTY OF THE CASE IS A

BETTER APPROACH, ESPECIALLY WHEN OUR WORKER'S COMP COSTS IN NEW

YORK STATE ARE CURRENTLY AMONGST THE HIGHEST IN THE NATION.

SO WHILE I APPRECIATE ALL MY COLLEAGUES IN THIS FIELD

AND I'M THANKFUL FOR ALL THE GREAT WORK THEY DO, I AM RECOMMENDING

THAT THE REPUBLICAN CONFERENCE VOTE AGAINST IT; HOWEVER, THOSE WHO

WANT TO VOTE FOR IT CAN CALL THE MINORITY LEADER'S OFFICE AS USUAL AND

WE'LL COUNT THEIR VOTE. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: MR. WALCZYK TO

EXPLAIN HIS VOTE.

MR. WALCZYK: THANKS, MR. SPEAKER. I GET A LOT

OF PHONE CALLS AND E-MAILS IN THIS JOB. I HAVE BEEN WAITING BY THE

PHONE AND CHECKING MY E-MAIL AND SO FAR I HAVEN'T HAD A SINGLE

BUSINESS THAT SAID, GOSH, THOSE WORKERS' COMP COSTS ARE WAY TOO LOW

IN THIS STATE. AND I STILL HAVE BEEN WAITING FOR A CONSTITUENT TO CALL AND

SAY, I WISH YOU PAID ATTORNEYS A LOT MORE IN NEW YORK; BOY, IT WOULD

BE GREAT. SO I WILL BE VOTING NO ON THIS BILL.

ACTING SPEAKER ZEBROWSKI: MR. WALCZYK IN

THE NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU. NOTWITHSTANDING MY

IMPASSIONED PLEA, PLEASE RECORD MR. SCHMITT IN THE AFFIRMATIVE. THANK

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NYS ASSEMBLY JUNE 10, 2021

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 15, RULES REPORT NO. 526, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00255-B, RULES REPORT

NO. 526, SENATOR MAYER (BRONSON, OTIS, BURDICK,

SAYEGH--A01106-B). AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

THE PAYMENT OF PREVAILING WAGE FOR WORK INVOLVING THE DELIVERY TO AND

HAULING OF AGGREGATE SUPPLY CONSTRUCTION MATERIALS.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

MR. GOODELL: SIR, THIS WILL BE A PARTY VOTE AND

THE REPUBLICAN CONFERENCE WE BE GENERALLY OPPOSED FOR THE REASONS I

HOPE TO EXPLAIN IN A MOMENT.

ACTING SPEAKER ZEBROWSKI: THANK YOU, MR.

GOODELL.

FIRST, READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 255-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.

MS. HUNTER.

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NYS ASSEMBLY JUNE 10, 2021

MS. HUNTER: YES. MAJORITY MEMBERS WILL BE

RECORDED IN THE AFFIRMATIVE AND IF THERE ARE ANY EXCEPTIONS, PLEASE

CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER PREVIOUSLY

PROVIDED AND WE WILL ANNOUNCE YOUR -- (MIC CUT OUT).

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER ZEBROWSKI: MR. GOODELL TO

EXPLAIN HIS VOTE.

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

AMEND THE LABOR LAW TO REQUIRE PREVAILING WAGES TO BE PAID FOR WORK

PERFORMED IN DELIVERING MATERIALS TO A CONSTRUCTION PROJECT, A

MUNICIPAL CONSTRUCTION PROJECT. THESE WOULD BE AGGREGATE SUPPLY

CONSTRUCTION MATERIALS, AS WELL AS THE RETURN TRIP EVEN THOUGH THE TRUCK

MAY BE EMPTY. AND IT'S AN EXTENSION OF PREVAILING WAGES IN AN AREA

THAT WE HAVE NOT SEEN IN THE PAST. SO UNDER CURRENT LAW, PREVAILING

WAGES ARE PAID ON A CONSTRUCTION PROJECT AND UNDER CURRENT LAW, THAT

INVOLVES EVERYONE WHO'S WORKING THERE.

WHAT IT DOESN'T COVER RIGHT NOW ARE THE LONG HAUL

TRUCKERS WHO MAY BE BRINGING IN THE MATERIALS FROM CALIFORNIA, FOR

EXAMPLE, OR SHORT HAUL THAT ARE BRINGING IN FROM A LOCAL SUPPLYHOUSE.

THIS WOULD EXTEND PREVAILING WAGES TO ALL THOSE TRUCKERS BOTH TO AND

FROM, INCLUDING THE BACK HAUL EVEN IF IT'S EMPTY. I SUPPOSE IF YOU TAKE

-- THE LOGIC THAT ANYTHING INVOLVING A CONSTRUCTION PROJECT SHOULD BE

PAID PREVAILING WAGES, THE NEXT STEP WILL TAKE IT TO THE MANUFACTURER

AND THEN THE MINE AND ALL THE WAY BACK. AND IT'S JUST AN INAPPROPRIATE

EXPANSION OF PREVAILING WAGE IN TO AN INDUSTRY THAT OPERATES

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NYS ASSEMBLY JUNE 10, 2021

INDEPENDENTLY OF CONSTRUCTION PROJECTS, INVOLVES LONG AND SHORT HAUL

TRUCKERS. FOR THAT REASON, I'LL OPPOSE IT AND RECOMMEND MY COLLEAGUES

DO THE SAME. THANK YOU.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN

THE NEGATIVE.

MR. MANKTELOW TO EXPLAIN HIS VOTE.

MR. MANKTELOW: THANK YOU, MR. SPEAKER. I

APPRECIATE MY COLLEAGUE WHAT HE JUST SAID, IT WAS ONE OF MY QUESTIONS.

ON THE BACK HAUL, MANY TRUCKERS NOT ONLY GO BACK EMPTY, BUT THEY ALSO

TAKE A PRODUCT BACK FROM WHERE THEY ARE TO ANOTHER STATE OR WHERE THEY

ORIGINATED FROM. AND I JUST WANTED TO KNOW IF WE COULD POSSIBLY LOOK

AT HOW WE'RE GOING TO MAKE THAT WORK, THAT'S ALL. SO THANK YOU, MR.

SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR. MANKTELOW

IN THE NEGATIVE.

MR. TAGUE TO EXPLAIN HIS VOTE.

MR. TAGUE: THANK YOU, MR. SPEAKER. JUST TO

EMULATE WHAT MY COLLEAGUE, MR. GOODELL, SAID. ONE OTHER ITEM, THIS

WILL INCREASE CONSTRUCTION COSTS AND COSTS TO THE TAXPAYERS OF THE STATE

OF NEW YORK IN AN UN-GODLY AMOUNT OF MONEY. JUST ANOTHER --

ANYWAYS, I'LL LEAVE IT AT THAT. I'M IN THE NEGATIVE, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR. TAGUE IN

THE NEGATIVE.

MS. GIGLIO TO EXPLAIN HER VOTE.

MS. GIGLIO: THANK YOU, MR. SPEAKER. AS A

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NYS ASSEMBLY JUNE 10, 2021

REPRESENTATIVE OF LOCAL 138 OPERATING ENGINEERS ON LONG ISLAND, IT'S

IMPORTANT - HAULERS AND LABORERS WERE EXCLUDED FROM THE PREVAILING

WAGE LAW ON PUBLIC WORKS PROJECTS, AND THEY SHOULD NOT HAVE BEEN.

BUSINESS OWNERS ARE SMART. IF THEY HAVE TO STOP AT THE NEW JERSEY LINE

AND THE CONNECTICUT LINE IN ORDER TO TRANSFER MATERIAL AND IT'S LESS

EXPENSIVE THAN PAYING PREVAILING WAGE, THEN THEY WILL DO THAT. BUT IF

NEW YORK STATE -- WE HAVE OFFERED SO MANY BENEFITS ON PUBLIC WORKS

PROJECTS AND ON STATE -- WE'RE RICH, WE'RE GIVING OUT THE MONEY ON

PUBLIC WORKS PROJECTS IN NEW YORK STATE. AND THOSE -- THOSE

CONTRACTORS SHOULD NOT BE EXCLUDED AND FOR THAT REASON I WILL BE VOTING

IN THE AFFIRMATIVE.

ACTING SPEAKER ZEBROWSKI: MS. GIGLIO IN

THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE

RECORD MR. BRABENEC AND MR. SCHMITT IN THE AFFIRMATIVE. THANK YOU,

SIR.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 16, RULES REPORT NO. 528, THE CLERK WILL READ.

THE CLERK: SENATE NO. S02755-C, RULES REPORT

NO. 528, SENATOR RAMOS (BRONSON, BARRON, CLARK, COOK, CRUZ,

CUSICK, ENGLEBRIGHT, EPSTEIN, FAHY, PERRY, SEAWRIGHT, SIMON,

392

NYS ASSEMBLY JUNE 10, 2021

WOERNER, MEEKS, JENSEN, JACKSON, MITAYNES, LUNSFORD, RAMOS,

RICHARDSON, AUBRY, GONZ�LEZ-ROJAS, GOTTFRIED, ANDERSON, WALLACE,

FRONTUS, REYES, BRAUNSTEIN, DINOWITZ, MCDONALD, HUNTER, WEPRIN,

JEAN-PIERRE, DARLING, GUNTHER, SMITH, DAVILA, HEVESI, COLTON,

RA--A01160-C.) AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION

TO ESTABLISHING AN ADVISORY COUNCIL TO EFFECTUATE A REDUCTION IN CHILD

POVERTY IN THE STATE; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS

UPON EXPIRATION THEREOF.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THIS WILL BE A

PARTY VOTE. THE REPUBLICAN CONFERENCE WILL LIKELY BE IN THE

AFFIRMATIVE, ALTHOUGH WE HAVE SOME CONCERNS AS I'LL EXPRESS IN A

MOMENT.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 2755-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.

MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. THIS IS A PARTY

VOTE. MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE

ARE ANY EXCEPTIONS, PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AT THE

393

NYS ASSEMBLY JUNE 10, 2021

NUMBER PREVIOUSLY PROVIDED AND IT WILL BE ANNOUNCED ACCORDINGLY.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. AS I MENTIONED, I

WILL BE SUPPORTING LEGISLATIVE INITIATIVE THAT ESTABLISHES A CHILD POVERTY

REDUCTION ADVISORY COUNCIL. UNFORTUNATELY, THIS COUNCIL DOES NOT HAVE

A SINGLE MINORITY APPOINTMENT FROM EITHER THE MINORITY LEADER IN THE

ASSEMBLY OR THE MINORITY LEADER IN THE SENATE, AND THAT'S VERY

UNFORTUNATE. NOW, POVERTY -- CHILD POVERTY IS NOT LIMITED TO DEMOCRAT

AREAS, ALTHOUGH CERTAINLY THERE IS --

(THE CLERK RECORDED THE VOTE.)

-- A LOT OF POVERTY IN A LOT OF DEMOCRAT AREAS, AND WE

ALL ACKNOWLEDGE IT AND WE ALL ARE VERY CONCERNED ABOUT IT, BUT IT'S

UNFORTUNATELY AN ISSUE THAT ALSO AFFECTS ROUGHLY 30 PERCENT OF THE STATE

THAT'S REPRESENTED BY REPUBLICANS. AND SOMETIMES, THE POVERTY ISSUES

AFFECTING REPUBLICAN OR CONSERVATIVE AREAS CAN HAVE A DIFFERENT

NUANCE. AND SO A ONE-SIZE-FIT-ALL PROGRAM DESIGNED TO DEAL WITH URBAN

POVERTY MAY ACTUALLY BE A DISASTER IN A -- A RURAL SETTING.

AND SO I SUPPORT THIS AND THIS SHOULD BE A FAST VOTE IN

FAVOR, IF YOU WOULD MAKE THOSE ADJUSTMENTS, BUT IF ANY OF MY

COLLEAGUES OPPOSE THE CHILD POVERTY REDUCTION ADVISORY COUNCIL, THEN

THEY SHOULD SO NOTIFY THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: WITHDRAW THE

PARTY VOTE. THE CLERK WILL RECORD THE VOTE ON SENATE BILL 2755-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

394

NYS ASSEMBLY JUNE 10, 2021

NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL: THANK YOU, MR. SPEAKER. I KNOW

IT'S ALMOST MIDNIGHT AND SO ONCE IN A WHILE, WE HAVE CONFUSING SIGNALS.

THIS IS THE EVERYONE IS UP UNLESS YOU CALL AND EXPRESS YOUR OPPOSITION

TO THE CHILD POVERTY TASK FORCE. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: THANK YOU, MR.

GOODELL.

MR. BRONSON TO EXPLAIN HIS VOTE.

MR. BRONSON: YES, MR. SPEAKER. I'M VERY

PLEASED TO CARRY THIS CHILD POVERTY REDUCTION ACT. IT WAS BROUGHT TO

ME BY A NUMBER OF ORGANIZATIONS ACROSS THE STATE WHICH TRIED TO

PROVIDE SERVICES AND PROGRAMS FOR CHILDREN. AND, INDEED, IN THIS STATE,

WE ENTERED THE PANDEMIC WITH SLIGHTLY OVER 700,000 CHILDREN IN

POVERTY AND AS A RESULT OF THE PANDEMIC, WE HAVE AN ADDITIONAL

325,000 PEOPLE IN POVERTY.

MY ESTEEMED COLLEAGUE FROM THE OTHER SIDE OF THE

AISLE, HOWEVER, BROUGHT UP A VERY IMPORTANT POINT. POVERTY IS DIFFERENT

IN RURAL AREAS; IN FACT, I KNOW ABOUT POVERTY IN RURAL AREA. GROWING UP

IN A HOUSEHOLD WITHOUT RUNNING WATER OR INDOOR PLUMBING UNTIL I WAS

OLDER AS A CHILD, AND WE HEATED WITH A WOOD BURNING STOVE. SO WITH

THAT, WE THOUGHT WE ADDRESSED IT WITH GEOGRAPHICAL REPRESENTATION AND

PUBLIC HEARINGS ACROSS THE STATE, BUT I THINK THAT MY ESTEEMED

COLLEAGUE'S POINT IS WELL-TAKEN AND I WILL WORK WITH HIM AND MY

COLLEAGUES IN THE MINORITY TO ADDRESS THE CONCERN REGARDING THE

395

NYS ASSEMBLY JUNE 10, 2021

ADVISORY COUNCIL, EITHER THROUGH A CHAPTER AMENDMENT OR A PIECE OF

LEGISLATION NEXT YEAR.

WITH THAT, I'M SO HAPPY FOR A UNANIMOUS VOTE. WE

NEED TO ADDRESS CHILD POVERTY TODAY, AND WE WILL DO THAT TOGETHER.

THANK YOU.

ACTING SPEAKER ZEBROWSKI: MR. BRONSON IN

THE AFFIRMATIVE.

MR. JENSEN.

MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER.

TO EXPLAIN MY VOTE.

ACTING SPEAKER ZEBROWSKI: GO AHEAD.

MR. JENSEN: THANK YOU. WITH OVER A MILLION

CHILDREN CURRENTLY LIVING IN POVERTY IN NEW YORK STATE, IT'S SO

IMPORTANT THAT THIS ADVISORY COUNCIL BE ESTABLISHED BECAUSE LIKE THE

MEMBERS WHO SPOKE BEFORE ME, POVERTY JUST ISN'T EXCLUSIVE TO URBAN,

RURAL OR SUBURBAN AREAS OF OUR STATE. AND THROUGH NO FAULT OF THEIR

OWN THESE CHILDREN FIND THEMSELVES IN THIS SITUATION. THE GOAL OF

REDUCING POVERTY FOR CHILDREN BY 50 PERCENT IS LAUDABLE, AND IF WE CAN

FIGURE OUT THE WAYS AND MEANS TO ACCOMPLISH THIS, WE CAN LIMIT THE

VAST AND LONG-LASTING HEALTH, SOCIAL ISSUES, AND FINANCIAL INSECURITY THAT

THESE CHILDREN WILL OTHERWISE FACE FOR THE REST OF THEIR LIVES.

ONCE MORE, ADDRESSING OUR STATE'S CHILD POVERTY CRISIS

IS AN INVESTMENT IN THE FUTURE OF OUR STATE. IF WE CAN FIND A SUSTAINABLE

AND SYSTEMATIC SYSTEM OF HANDS UP TO CHILDREN, WE CAN ESTABLISH A ROAD

MAP FOR WAYS TO ENSURE THAT NO CHILD IN OUR STATE NEEDS TO LIVE IN

396

NYS ASSEMBLY JUNE 10, 2021

POVERTY. I'M PROUD TO BE A COSPONSOR OF THIS LEGISLATION AND I WILL BE

VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER ZEBROWSKI: MR. JENSEN IN

THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUE MR. DIPIETRO IN THE NEGATIVE. 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 16, RULES REPORT NO. 529, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01171-A, RULES

REPORT NO. 529, BRONSON, CLARK, LUNSFORD, MEEKS, WALLACE,

BUTTENSCHON, ROZIC, SANTABARBARA, LUPARDO, HUNTER, GUNTHER, STECK,

STIRPE, JONES, MAGNARELLI, FAHY, MCMAHON, BARRETT, WOERNER, WEPRIN,

GOTTFRIED, CRUZ, CARROLL. AN ACT TO AMEND THE INSURANCE LAW, IN

RELATION TO HEALTH INSURANCE COVERAGE OF OUTPATIENT CARE PROVIDED BY A

MENTAL HEALTH PRACTITIONER AND A CLINICAL SOCIAL WORKER; AND TO REPEAL

CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

MR. GOODELL: THIS WILL BE A PARTY VOTE WITH THE

REPUBLICAN CONFERENCE GENERALLY IN THE NEGATIVE FOR THE REASONS I'LL

EXPLAIN SHORTLY.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

397

NYS ASSEMBLY JUNE 10, 2021

SECTION.

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

ACTING SPEAKER ZEBROWSKI: MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. THIS IS A PARTY

VOTE. MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE

ARE ANY EXCEPTIONS, PLEASE CONTACT THE MAJORITY LEADER'S OFFICE TO

CONTACT HER AT THE NUMBER PREVIOUSLY PROVIDED AND WE WILL ANNOUNCE

YOUR NAME ACCORDINGLY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 1171-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.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU. THIS BILL AMENDS THE

INSURANCE LAW TO REQUIRE THAT EVERY MAJOR MEDICAL POLICY IN NEW

YORK STATE ALSO INCLUDE BENEFITS FOR OUTPATIENT CARE PROVIDED BY A

MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, CREATIVE ART

THERAPIST OR LICENSED PSYCHOANALYST. AND WELL NO DOUBT THAT THESE

PROFESSIONALS CAN PROVIDE VALUABLE SERVICES, EVERY TIME WE MANDATE

ADDITIONAL COVERAGE WE INCREASE THE COST OF INSURANCE IN NEW YORK

STATE. YOU CANNOT BUY A BASIC INSURANCE POLICY IN NEW YORK STATE, IT'S

ILLEGAL. YOU CAN'T BUY ONE THAT'S TAILORED TO YOUR NEEDS. YOU CAN BUY A

CAR THAT'S TAILORED TO YOUR NEEDS, YOU CAN BUY A HOUSE THAT FITS YOUR

398

NYS ASSEMBLY JUNE 10, 2021

NEEDS, YOU CAN BUY ANY OTHER PRODUCT BUT YOU CAN'T BUY AN INSURANCE

POLICY WITHOUT HAVING TO PAY FOR OVER 60 MANDATED COVERAGES. THERE'S

NO -- NO -- THERE'S NO DOUBT THAT THIS DRIVES UP THE COST.

FOR A WHILE FOR ABOUT TEN YEARS WHEN I WAS YOUNGER

AND HEALTHIER AND SELF-EMPLOYED, I DIDN'T CARRY INSURANCE. AND ONE DAY

I TRIED FLYING WITHOUT THE BENEFIT OF SKIS AND IT WAS A FEW GLORIOUS

SECONDS BEFORE I HIT THE GROUND AND IT OCCURRED TO ME MAYBE I OUGHT TO

HAVE INSURANCE. BUT YOU KNOW, YOU CAN'T BUY A CHEAP POLICY IN NEW

YORK THAT JUST COVERS BASIC MEDICAL, YOU CAN'T DO IT. AND THIS BILL SAYS

YOU CAN'T EVEN BUY A POLICY WITHOUT BUYING AND PAYING FOR MENTAL

HEALTH COUNSELORS, MARRIAGE COUNSELORS, FAMILY THERAPISTS, CREATIVE ART

THERAPISTS OR PSYCHOANALYSTS.

UNFORTUNATELY, THE COST ELASTICITY OF INSURANCE IS VERY

HIGH. EVERY TIME WE INCREASE THE COST OF INSURANCE BY MANDATING MORE

COVERAGES, MORE FAMILIES CAN'T AFFORD IT. FOR THAT REASON, I'M OPPOSED

TO ADDITIONAL MANDATES ON OUR INSURANCE CARRIERS.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN

THE NEGATIVE.

MR. BYRNE TO EXPLAIN HIS VOTE.

MR. BYRNE: THANK YOU, MR. SPEAKER. I THANK MY

COLLEAGUE WHO JUST -- THE PREVIOUS SPEAKER FOR EXPRESSING SOME OF HIS

CONCERNS. I HAVE SOME SIMILAR CONCERNS. TIMOTHY'S LAW IS REFERENCED

IN THIS SPONSOR'S MEMO NOTES THAT INSURERS ARE ALREADY MANDATED TO

PROVIDE BENEFITS FOR THE DIAGNOSIS AND TREATMENT OF BEHAVIORAL

DISORDERS BY A PSYCHIATRIST, PSYCHOLOGIST, OR A LICENSED CLINICAL SOCIAL

399

NYS ASSEMBLY JUNE 10, 2021

WORKER. THE BILL-IN-CHIEF EXPANDS THOSE WHO ARE MANDATED TO BE

COVERED BY INSURANCE TO PROVIDE THESE SERVICES. I'LL NOTE THE GOVERNOR

DID VETO SIMILAR LEGISLATION IN 2019. I THANK THE SPONSOR FOR AMENDING

THIS TO TRY TO ADDRESS SOME OF THOSE CHANGES; HOWEVER, THE INCREASE IN

COST IS STILL AN OUTSTANDING CONCERN. THE EXPANDED MANDATORY

COVERAGE WOULD BE SPECIFICALLY FOR BLANKET HEALTH INSURANCE POLICIES,

NOT SELF-INSURED PLANS THAT ARE SUBJECT TO STATE -- THAT ARE NOT SUBJECT TO

STATE MANDATED BENEFITS DUE TO ERISA BY EXPANDING WHO IS COVERED

TO PROVIDE THESE SERVICES. CONCERNS HAVE BEEN RAISED ABOUT INCREASING

COST OF INSURANCE COVERAGE AT A TIME WHEN WE WANT TO DO ALL WE CAN TO

CONTROL AND REDUCE THE COST OF HEALTH INSURANCES FOR NEW YORKERS

ACROSS THE STATE.

I DO APPRECIATE THE SPONSOR'S GOAL OF EXPANDING

ACCESS, PARTICULARLY TO OUR RURAL AREAS IN THE STATE THAT MAY NOT HAVE AS

MANY PROVIDERS. STILL, THERE'S A VERY LEGITIMATE CONCERN THAT BY

EXPANDING THIS MANDATED COVERAGE, IT WILL INCREASE COSTS TO THE MANY

SMALL TO MEDIUM-SIZED EMPLOYERS WHO HAVE PRIVATE INSURANCE AND

WANT TO PROVIDE MORE COVERAGE, MORE OPTIONS, MORE CHOICES FOR

CONSUMERS WHEN IT COMES TO RESPECTING A PERSON'S RIGHT TO CHOOSE HOW

THEY WANT TO PLAN AND PAY FOR THEIR OWN HEALTH CARE NEEDS. AT THE SAME

TIME, I BELIEVE WE ALSO MUST BE MINDFUL THAT THOSE OPTIONS SHOULD BE

AFFORDABLE FOR MORE PEOPLE TO BENEFIT FROM THEM.

AGAIN, THERE IS A CONCERN THIS WOULD INCREASE THE COST

ON THOSE WHO BENEFIT FROM THE COVERAGE OF THESE PLANS AND FOR THAT

REASON, MR. SPEAKER, I WILL BE VOTING NO. THANK YOU.

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NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: MR. BYRNE IN

THE NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WE HAVE NO

EXCEPTIONS.

ACTING SPEAKER ZEBROWSKI: THANK YOU, MR.

GOODELL.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. HUNTER.

MS. HUNTER: YES, THE MOMENT WE HAVE ALL BEEN

WAITING FOR WHERE WE MOVE OFF OF THE DEBATE LIST ON TO THE CALENDAR.

SO WE ARE GOING TO GO IN THIS ORDER, MR. SPEAKER: CALENDAR NO. 150,

RICHARDSON; NO. 102, NIOU; NO. 3, CARROLL; NO. 170, PAULIN; THEN WE'RE

GOING TO RULES REPORT NO. 692, MR. CYMBROWITZ, MR. SPEAKER, IN THAT

ORDER.

ACTING SPEAKER ZEBROWSKI: PAGE 39,

CALENDAR NO. 150, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05511-A, CALENDAR

NO. 150, RICHARDSON, L. ROSENTHAL, HYNDMAN, EPSTEIN, SAYEGH,

SIMON, BARRON, GOTTFRIED, WEPRIN, CRUZ, JACKSON, SEPTIMO, FORREST,

FERNANDEZ, GONZ�LEZ-ROJAS. AN ACT TO AMEND THE CRIMINAL PROCEDURE

LAW, IN RELATION TO A JUDICIAL DIVERSION PROGRAM FOR CERTAIN FELONY

OFFENDERS.

401

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED TO THIS FOR THE REASONS I HOPE TO

EXPLAIN.

ACTING SPEAKER ZEBROWSKI: MS. HUNTER.

MS. HUNTER: YES, THIS WILL BE A PARTY VOTE.

MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY

EXCEPTIONS, I ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S

OFFICE AT THE NUMBER PREVIOUSLY PROVIDED AND WE WILL THEN ANNOUNCE

THEIR NAME ACCORDINGLY.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 7228. 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.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THIS LEGISLATION IS

A CONTINUING EFFORT TO HELP KEEP CRIMINAL DEFENDANTS FROM HAVING TO GO

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NYS ASSEMBLY JUNE 10, 2021

TO JAIL, AND WHAT IT DOES IS IT EXPANDS THE JUDICIAL DIVERSION PROGRAM TO

PROVIDE THAT YOU CAN GO INTO A JUDICIAL DIVERSION PROGRAM AND AVOID

JAIL, ENJOY YOUR FREEDOM, IF THE UNDERLYING CHARGE WAS FOR AUTO

STRIPPING, IDENTITY THEFT, OR CONSPIRACY AS LONG AS YOU ARE ALSO A

SUBSTANCE ABUSE PERSON. AND WHILE I APPRECIATE THAT OUR DRUG COURTS

HAVE BEEN VERY EFFECTIVE IN ADDRESSING SUBSTANCE ABUSE, I'M NOT SURE

THAT WE SHOULD SAY THAT YOU CAN COMMIT ANY OTHER CRIME IN ADDITION TO

THE SUBSTANCE ABUSE AND BE ELIGIBLE TO AVOID ANY JAIL OR ELIGIBLE FOR A

REDUCED SENTENCE BY PARTICIPATING IN THE DRUG COURT.

WE HAVE A NUMBER OF DRUG TREATMENT PROGRAMS IN

REGULAR JAILS AND IN PRISON, AND WHEN THE UNDERLYING CHARGE IS SERIOUS,

YOU OUGHT TO BE LOOKING AT JAIL TIME AND GETTING YOUR DRUG TREATMENT

WHILE IN PRISON RATHER THAN WHILE YOU'RE STILL OUT THERE AND, THEREFORE, I

DON'T THINK THE JUDICIAL DIVERSION PROGRAM SHOULD BE EXPANDED TO

INCLUDE UNDERLYING CHARGES FOR CONSPIRACY, AUTO STRIPPING OR IDENTITY

THEFT. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN

THE NEGATIVE.

MS. RICHARDSON TO EXPLAIN HER VOTE.

MS. RICHARDSON: THANK YOU, MR. SPEAKER. THIS

BILL UPDATES TERMINOLOGY CONCERNING DRUG AND ALCOHOL ABUSE AND

TREATMENT IN THE DRUG COURTS. CURRENTLY A PERSON WITHOUT A VIOLENT

CONVICTION HISTORY WHO WAS CHARGED WITH ONE OR MORE CERTAIN

DRUG-RELATED CRIMES MAY BE EVALUATED AND DIVERTED FOR TREATMENT IF THE

PERSON HAS A SUBSTANCE ABUSE DISORDER. THE NEW LANGUAGE IN THE BILL

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NYS ASSEMBLY JUNE 10, 2021

SAYS THAT AN ELIGIBLE DEFENDANT MAY BE EVALUATED IN ORDER TO TREATMENT

IF THE PERSON HAS A SUBSTANCE USE DISORDER, THE NEW LANGUAGE IN

ALIGNMENT WITH THE DSM-V. THIS BILL ALSO ADDS CERTAIN ADDITIONAL

CRIMES THAT DEFENSE PRACTITIONERS HAVE RECOGNIZED THAT PEOPLE WHO

HAVE SUBSTANCE USE DISORDERS COMMIT.

AND AS A STATE, MR. SPEAKER, WE NEED TO BE DOING

EVERYTHING WE CAN TO HELP INDIVIDUALS WHO HAVE A SUBSTANCE USE

DISORDER RECOVER AND -- AND SEEK THE ASSISTANCE THAT THEY NEED TO BE

SUCCESSFUL CITIZENS IN SOCIETY AND NOT BE PUNITIVE, KEEPING THEM IN

PRISON WHERE WE KNOW THAT DOESN'T HELP THEM TO GET BETTER. WITH THAT,

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ZEBROWSKI: MS.

RICHARDSON IN THE AFFIRMATIVE.

MS. HUNTER.

MS. HUNTER: MR. SPEAKER, COULD YOU PLEASE PUT

MR. COLTON AND MR. CUSICK IN THE NEGATIVE, PLEASE.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

VOTES IN THE AFFIRMATIVE ON THE FLOOR, PLEASE ADD MR. MORINELLO 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.

404

NYS ASSEMBLY JUNE 10, 2021

PAGE 37 -- PAGE 37, CALENDAR NO. 102, THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A02260-A, CALENDAR

NO. 102, NIOU, BARRON, KIM, DINOWITZ, EPSTEIN, SIMON, FRONTUS,

RICHARDSON, FALL, SAYEGH, WEPRIN, D. ROSENTHAL, REYES, SOLAGES,

ABINANTI, CRUZ, OTIS, GONZ�LEZ-ROJAS, KELLES, ZINERMAN. AN ACT TO

AMEND THE GENERAL BUSINESS LAW, IN RELATION TO REQUIRING DEBT

COLLECTORS TO INFORM DEBTORS THAT WRITTEN COMMUNICATIONS ARE AVAILABLE

IN LARGE PRINT FORMAT.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED.

MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD MS. NIOU

YIELD?

ACTING SPEAKER ZEBROWSKI: WILL THE

SPONSOR YIELD?

MS. NIOU: YES.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

YIELDS.

MR. GOODELL: THANK YOU, MS. NIOU. THIS BILL, IN

GENERAL, REQUIRES DEBT COLLECTORS TO PROVIDE LARGE PRINT OR BRAILLE OR

SOME OTHER ALTERNATIVE MEANS UPON REQUEST TO ANYONE THEY ARE SEEKING

TO COLLECT A DEBT FROM, CORRECT?

MS. NIOU: CORRECT.

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NYS ASSEMBLY JUNE 10, 2021

MR. GOODELL: AND I SEE THAT THE DEBT COLLECTOR IS

DEFINED AS AN INDIVIDUAL WHO IS PART OF HIS OR HER JOB REGULARLY COLLECTS

OR ATTEMPTS TO COLLECT DEBTS.

MS. NIOU: CORRECT.

MR. GOODELL: SO THIS WOULD THEN APPLY TO ALL THE

UTILITY COMPANIES THAT SEND OUT MONTHLY BILLS?

MS. NIOU: CORRECT.

MR. GOODELL: AND IT WOULD APPLY TO ALL BANKS

AND RETAIL CUSTOMERS AND ANYONE ELSE THAT EXTENDS CREDIT.

MS. NIOU: CORRECT.

MR. GOODELL: IT PROVIDES THEN THAT IN THE INITIAL

COMMUNICATION, THERE HAS TO BE CLEARLY AND CONSPICUOUSLY DISCLOSED TO

THE DEBTOR THAT THEY CAN REQUEST THAT FUTURE COMMUNICATIONS BE IN LARGE

PRINT OR BRAILLE OR SOME OTHER MANNER, RIGHT?

MS. NIOU: YES.

MR. GOODELL: WHEN YOU SAY IN THE INITIAL

COMMUNICATIONS, SO IF YOU'RE GETTING A MONTHLY BILL FROM THE UTILITY

COMPANY, IS THIS THE FIRST BILL YOU GET THAT WOULD REQUIRE THIS AND THEN

THEREAFTER FOR THE REST OF YOUR LIFE YOU DON'T NEED ANY CONTACT

INFORMATION?

MS. NIOU: YES.

MR. GOODELL: AND IF IN THE FIRST BILL YOU SAY,

YEAH, I WANT LARGE PRINT, DOES THAT MEAN THAT EVERY UTILITY COMPANY,

EVERY PHONE BILL, UTILITY BILL, WATER BILL, ELECTRIC BILL, WOULD THEN

THEREAFTER HAVE TO BE IN LARGE PRINT?

406

NYS ASSEMBLY JUNE 10, 2021

MS. NIOU: YES.

MR. GOODELL: AND I SEE YOU CAN ALSO ASK FOR

SOMETHING ELSE, RIGHT? YOU COULD ASK FOR BRAILLE, AUDIO COMPACT DISK

OR OTHER MEANS?

MS. NIOU: YES.

MR. GOODELL: AND -- BUT IT'S UP TO THE CREDITOR TO

DECIDE HOW TO MEET THAT, IS THAT CORRECT?

MS. NIOU: NO.

MR. GOODELL: AND I APPRECIATE THAT, BY THE WAY.

YOU KNOW, YOU SAID THAT IF THE CREDITOR COMPLIES WITH AMERICANS WITH

DISABILITIES ACT THAT'S THE DEFENSE?

MS. NIOU: YES.

MR. GOODELL: AND WHAT DOES THE AMERICAN

DISABILITY ACT ALLOW YOU TO DO IN TERMS OF REASONABLE ACCOMMODATIONS

AS IT RELATES TO COMMUNICATIONS?

MS. NIOU: I THINK IT DEPENDS ON THE DISABILITY, SIR.

MR. GOODELL: I'M SORRY?

MS. NIOU: I THINK IT DEPENDS ON THE DISABILITY, SIR.

MR. GOODELL: I SEE. CAN YOU GIVE ME SOME

EXAMPLES?

MS. NIOU: FOR EXAMPLE, IF YOU ARE BLIND THEN YOU

CAN ASK FOR BRAILLE. FOR EXAMPLE, IN YOU'RE HARD OF SEEING, YOU CAN ASK

FOR BIG FONT.

MR. GOODELL: I SEE. SO YOU'RE SAYING THE

AMERICANS WITH DISABILITIES ACT REASONABLE ACCOMMODATION MIGHT

407

NYS ASSEMBLY JUNE 10, 2021

RELATE TO YOUR DISABILITY.

MS. NIOU: YES.

MR. GOODELL: I SEE. AND THEN THIS PROVIDES A

CIVIL FINE, FIRST VIOLATION UP TO $250 AND EVERY SUBSEQUENT VIOLATION

$500, IS THAT CORRECT?

MS. NIOU: YES.

MR. GOODELL: AND IF A -- A DEBT COLLECTOR IS FINED,

CAN THEY DEDUCT THE AMOUNT OF FINE AGAINST THE AMOUNT THAT'S OWED TO

THEM? IN OTHER WORDS, LET'S SAY THEY'RE COLLECTING $1,000 UTILITY BILL

THAT'S IN ARREARS AND THEY DIDN'T PROVIDE THE PROPER NOTICE SO THEY'RE

FINED $250. CAN THEY JUST TAKE IT OFF AND SAY, YOU NOW OWE ME $750?

MS. NIOU: NO.

MR. GOODELL: WHY NOT?

MS. NIOU: BECAUSE THE FINE GOES TO SOMEBODY

DIFFERENT THAN THE PERSON WHO IS PAYING THE BILL. YOU'RE TALKING ABOUT

THE BILL, RIGHT?

MR. GOODELL: WHAT'S THAT?

MS. NIOU: YOU WERE ASKING ABOUT THE BILL, CORRECT?

MR. GOODELL: I SEE, OKAY. SO THE FINE IS NOT

GOING BACK TO THE CUSTOMER.

MS. NIOU: NO.

MR. GOODELL: I SEE. OKAY. THANK YOU VERY

MUCH. AND DO YOU HAVE ANY COST ESTIMATE ON WHAT IT WOULD COST OUR

UTILITY COMPANIES TO SEND OUT LARGE PRINT NOTICES FOR EVERY BILL?

MS. NIOU: VERY -- NONE BASICALLY; YEAH, VERY LITTLE

408

NYS ASSEMBLY JUNE 10, 2021

TO NONE.

MR. GOODELL: I SEE. WHAT ABOUT BRAILLE?

MS. NIOU: BRAILLE IS A LITTLE BIT DIFFERENT OBVIOUSLY

BECAUSE PEOPLE NEED TO HAVE THE MECHANISM, BUT I THINK THAT IT WILL

ALSO BE VERY LITTLE TO NONE.

MR. GOODELL: NOW YOU ALSO HAD AUDIO COMPACT

DISK, THAT WOULD BE COOL, WOULDN'T IT, YOU COULD HEAR SOMEBODY,

HOPEFULLY IN A PLEASANT VOICE TELL YOU HOW MUCH YOU OWE FOR YOUR

WATER BILL?

MS. NIOU: YES. MANY PEOPLE ALREADY HAVE TTY. I

THINK THAT IT'S AVAILABLE TO MOST PEOPLE WITHIN THE UTILITY COMPANIES,

AND I THINK THAT IF YOU ASK FOR IT, THAT'S ALL THAT YOU NEED TO DO.

MR. GOODELL: AND IF YOUR BANK SENDS YOU AN

AUDIO DISK TELLING YOU HOW MUCH YOU OWE ON YOUR LINE OF CREDIT, FOR

EXAMPLE, CAN THEY CHARGE YOU FOR THE COST OF THE AUDIO DISK OR THE

BRAILLE OR ANY OF THE ADDITIONAL COSTS INCURRED?

MS. NIOU: NO.

MR. GOODELL: OKAY. THANK YOU VERY MUCH, MS.

NIOU.

MS. NIOU: THANK YOU, SIR.

MR. GOODELL: ON THE BILL.

ACTING SPEAKER ZEBROWSKI: ON THE BILL.

MR. GOODELL: I APPRECIATE THE SPONSOR'S DESIRE TO

ENSURE THAT THOSE WHO MAYBE HAVE SIGHT ISSUES HAVE DIFFERENT OPTIONS,

INCLUDING LARGE PRINT, BRAILLE, AUDIO CASSETTE, AND -- BUT THE SCOPE OF THE

409

NYS ASSEMBLY JUNE 10, 2021

BILL IS REALLY BROAD. AS WE MENTIONED, IT APPLIES TO ALL THE MONTHLY

BILLS THAT YOU NORMALLY GET AND SEE, RIGHT? IT APPLIES TO YOUR MORTGAGE

STATEMENT THAT YOU GET EVERY MONTH, YOUR BANK STATEMENT, PRESUMABLY,

IF YOU HAVE A LINE OF CREDIT, YOUR CREDIT CARD STATEMENT, YOUR UTILITIES,

WATER, ELECTRIC, GAS, WHATEVER THAT MIGHT BE, AS WELL AS ANY OTHER DEBT

EFFORTS. AND IT APPLIES, QUOTE, "TO THE PERSON, THE INDIVIDUAL WHO PART

OF HIS JOB IS EMPLOYED IN THE COLLECTION DEPARTMENT." SO IT IMPLIES THAT

THERE MAY BE ACTUALLY PERSONAL LIABILITY IF THEY DON'T COMPLY. AND THEN

THE FINES, OF COURSE, ARE FAIRLY SIGNIFICANT IF YOU'RE A LARGER COMPANY

AND, PRESUMABLY, THAT WOULD BE PASSED ON TO THE CUSTOMERS IN SOME

WAY OR ANOTHER.

SO WHILE I GREATLY APPRECIATE THE SPONSOR'S DESIRE TO

HELP THOSE WHO ARE VISUALLY IMPAIRED AND, INDEED, MY WIFE SPENT A

SUBSTANTIAL PORTION OF HER CAREER AS THE EXECUTIVE DIRECTOR OF THE

CHAUTAUQUA BLIND ASSOCIATION AND WHAT SHE TOLD ME IS THAT THEY MAKE

EVERY EFFORT TO HELP THOSE WHO ARE VISUALLY IMPAIRED LIVE AN

INDEPENDENT LIFE BY HELPING THEM WITH MAGNIFYING GLASSES, READERS -

IT'S AN AMAZING THING, IT'S LIKE A PEN, YOU JUST -- IT GOES RIGHT ALONG THE

BILL AND IT READS IT OUT LOUD TO YOU, AND ALL OF THE OTHER TECHNOLOGY THAT'S

AVAILABLE, AND THIS SHIFTS ALL THAT COST ON TO THOSE WHO ARE ENGAGED IN

EVERYDAY BUSINESS TRANSACTIONS. WHICH IS WHY, NOT SURPRISINGLY, THOSE

WHO DEAL WITH RECEIVABLE MANAGEMENT, CREDITORS ASSOCIATIONS AND

COLLECTION AGENCIES ARE ALL OPPOSED.

SO I APPRECIATE THE DESIRE, CERTAINLY A LAUDABLE AND

NOBLE ONE, BUT UNDER CURRENT LAW AND CURRENT PRACTICES, THERE'S MUCH

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NYS ASSEMBLY JUNE 10, 2021

MORE EFFECTIVE WAYS THAT THOSE WHO ARE VISUALLY IMPAIRED CAN LIVE AN

INDEPENDENT LIFE WITHOUT RECEIVING ALL THEIR NOTICES IN BRAILLE. THANK

YOU, SIR.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 30 DAYS.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 737-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. WHILE THE

REPUBLICAN CONFERENCE IS CERTAINLY SENSITIVE TO THE NEEDS OF THE

VISUALLY IMPAIRED, WE THINK THERE'S A BETTER APPROACH TO THEIR

ADDRESSING THAT AND ACCORDINGLY, WILL GENERALLY BE IN THE NEGATIVE.

THOSE WHO SUPPORT THIS, HOWEVER, SHOULD CERTAINLY CONTACT THE

MINORITY LEADER'S OFFICE. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER. THIS IS A PARTY

VOTE. MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE

ARE ANY EXCEPTIONS, PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AT THE

NUMBER PREVIOUSLY PROVIDED AND WE WILL THEN ANNOUNCE YOUR NAME

ACCORDINGLY.

(THE CLERK RECORDED THE VOTE.)

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NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: MS. NIOU TO

EXPLAIN HER VOTE.

MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME FOR THE OPPORTUNITY TO SPEAK ON THE BILL -- TO EXPLAIN MY VOTE. THIS

BILL WOULD OFFER PROTECTIONS AND ASSISTANCE TO DEBTORS WHO EXPERIENCE

VISION IMPAIRMENT, SUCH AS MANY OF OUR SENIORS. THIS SERVICE WOULD

ENSURE THOSE WHO ARE INTENDED TO READ UNDERSTAND AND COMPLY WITH

THESE COMMUNICATIONS ARE BETTER PREPARED TO DO SO. WE ALL MAY NEED

ASSISTANCE PROVIDED BY THIS BILL ONE DAY, SOME OF US MAY ALREADY. AS

WE LEGISLATE, WE SHOULD ALL CONSIDER HOW IF WE ARE LUCKY ENOUGH TO BE

ABLE-BODIED NOW, WE ARE ALL ONLY TEMPORARILY ABLE-BODIED. THANK YOU,

MR. SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE AND I ENCOURAGE ALL

OF MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER ZEBROWSKI: MS. NIOU IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE

RECORD MY COLLEAGUES MR. MONTESANO AND MR. MORINELLO IN FAVOR OF

THIS LEGISLATION. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

MS. HUNTER.

MS. HUNTER: YES, MR. SPEAKER, IF YOU COULD

RECORD MS. FAHY IN THE NEGATIVE, PLEASE.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

412

NYS ASSEMBLY JUNE 10, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

PAGE 33, CALENDAR NO. 3, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00935-A, CALENDAR

NO. 3, CARROLL, COLTON, SEAWRIGHT, OTIS, GOTTFRIED, VANEL, SAYEGH,

ZINERMAN, BARRON. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN

RELATION TO REQUIRING THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY

COUNCIL TO INVESTIGATE, REPORT AND MAKE RECOMMENDATIONS ON

INSTRUCTING THE PUBLIC ON HOW TO REACT WHEN AN INDIVIDUAL FALLS ONTO

AUTHORITY FACILITY TRACKS.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED.

MR. GOODELL.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 3160-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 41, CALENDAR NO. 170, THE CLERK WILL READ.

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NYS ASSEMBLY JUNE 10, 2021

THE CLERK: ASSEMBLY NO. A03360-A, CALENDAR

NO. 170, PAULIN, OTIS, GALEF, VANEL, BARRON, JACOBSON, SANTABARBARA.

AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO STORM

HARDENING AND SYSTEM RESILIENCY PLANS (PART A); AND TO AMEND THE

PUBLIC SERVICE LAW, IN RELATION TO PROVIDING RATE PAYERS WITH

REIMBURSEMENT FOLLOWING PROLONGED POWER OUTAGES (PART B).

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

-- ON A MOTION BY MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THIS WILL BE A

PARTY VOTE. THE REPUBLICANS WILL GENERALLY BE OPPOSED FOR THE REASONS

I'LL EXPLAIN IN A MOMENT. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS

LEGISLATION; HOWEVER, THERE MAY BE SOME EXCEPTIONS. COLLEAGUES, FEEL

FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND YOUR VOTE WILL BE

RECORDED. THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: 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 BILL 4824-A. THIS IS A PARTY VOTE. ANY

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NYS ASSEMBLY JUNE 10, 2021

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

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

NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IT WOULD HARDLY

SEEM LIKE THE LAST DAY OF SESSION IF WE DIDN'T HAVE SOMETHING AT LEAST

RESEMBLING A BIG UGLY. WELL, WE DON'T THIS YEAR, BUT THIS IS A LITTLE

UGLY, AND SO -- OR -- OR NOT AS UGLY OR MAYBE SOME OF YOU MAY THINK IT'S

A LITTLE GOOD OR GREAT, BUT I DON'T KNOW. BUT ANYWAY, SO WHAT WE'VE

DONE IS THIS LEGISLATION TAKES TWO PREVIOUS BILLS THAT WE VOTED ON, ONE

THAT REQUIRED UTILITIES TO PAY CUSTOMERS UNSPECIFIED DAMAGES OF UP TO

$250 IF THEIR POWER'S OUT BY 24 HOURS OR MORE. AND THE SECOND ONE

THAT REQUIRED UTILITY COMPANIES, AT THEIR OWN EXPENSE, TO HARDEN THEIR

SYSTEM TO COVER STORM DAMAGE.

AND THEN BASED ON LOTS OF NEGOTIATION BEHIND THE

SCENE THAT WAS ALL ABOVE MY PAY GRADE AND DID NOT INVOLVE ME, WE

MERGED THEM INTO ONE BILL AND FOR THE UTILITIES, WE SAID, YOU DON'T HAVE

TO START REIMBURSING PEOPLE FOR LOST FOOD OR MEDICINE UNTIL 72 HOURS, SO

WE TOOK IT FROM 24 TO 72. AND THEN WE SAID, BUT IF YOU DO REIMBURSE

THEM, YOU'VE GOT TO REIMBURSE THEM FOR UP TO 500-SOME DOLLARS IF IT'S

ITEMIZED, SO WE DOUBLED THE AMOUNT OF REIMBURSEMENT. AND THEN ON

THE FLIP SIDE, WE SAID TO THE UTILITY COMPANIES, YEAH, YOU SHOULD GO

THROUGH WITH THE HARDENING AND, YEAH, WE RECOGNIZE THAT IT'S GOING TO

COST YOU MONEY SO WE'LL LET YOU BILL IT BACK TO THE RATEPAYERS.

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NYS ASSEMBLY JUNE 10, 2021

SO IT'S A LITTLE BIT OF A COMPROMISE AND IF YOU LIKE THE

CONCEPT OF UTILITY COMPANIES HARDENING THEIR UTILITIES, WHICH IS

CERTAINLY A POPULAR IDEA IN LONG ISLAND AND DOWNSTATE, AND YOU LIKE

THE POSSIBILITY THAT YOUR UTILITY COMPANY MAY OR MAY NOT SEND YOU

MONEY AFTER THREE DAYS, THEY'RE HOPING THEY'LL GET IT FIXED BEFORE THEN,

BUT THEN YOU SHOULD VOTE FOR THIS AND DO A LITTLE HAPPY DANCE. MAYBE

NOT AS GOOD AS YOU LIKED IN THE FIRST PLACE, MAYBE -- MAYBE BETTER THAN

YOU THOUGHT YOU COULD EVER GET THROUGH. ON THE OTHER HAND, IF YOU

WANT TO KEEP YOUR UTILITY RATES AS LOW AS POSSIBLE AND IF YOU'RE LIKE ME

YOU'RE LUCKY TO HAVE TWO DAYS WORTH OF FOOD, MUCH LESS THREE, THEN

YOU'D PREFER TO KEEP THE RATES LOWER AND TAKE YOUR CHANCES.

SO I -- I SUGGEST THAT THE REPUBLICANS WHO WERE IN THE

NEGATIVE BASED ON THE NUMBER OF VOTES THAT WERE CAST AGAINST THE

INDIVIDUAL BILLS, BUT CERTAINLY I ANTICIPATE THAT SOME OF MY COLLEAGUES

WILL BE VOTING IN FAVOR OF THIS FOR THE REASONS I DESCRIBED. THANK YOU,

SIR.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN

THE NEGATIVE.

MS. PAULIN TO EXPLAIN HER VOTE.

MS. PAULIN: YES, THANK YOU, MR. SPEAKER. YOU

KNOW, WE HAVE SEEN AN INCREASING NUMBER OF STORMS THAT HAVE PUT OUR

-- THAT HAVE TURNED OUR LIGHTS OUT AND WE NEEDED TO -- WE HAD A 13-HOUR

HEARING, I THINK IT WAS A RECORD OF ANY HEARING THAT WE'VE EVER HAD IN

THIS HOUSE. WE DID IT JOINTLY WITH THE SENATE WHERE WE UNCOVERED A

LOT OF PROBLEMS AND WE TRIED AS A COMMITTEE TO COME UP WITH A

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NYS ASSEMBLY JUNE 10, 2021

SOLUTION. AND WE LEARNED AT THOSE HEARINGS THAT THERE WAS AN

INCONSISTENCY IN HOW UTILITY COMPANIES WERE REIMBURSING RATEPAYERS

DURING THESE OUTAGES. SO ONE OF THE THINGS THAT THIS BILL DOES IS CREATE

UNIFORMITY AMONG ALL RATEPAYERS IN THE STATE.

THE OTHER THING THAT WE LEARNED WAS THAT THERE WAS A

PROBLEM AND THAT UTILITIES WERE NOT DOING ALL THAT THEY NEEDED TO DO TO

MAKE SURE THAT THE POLES WERE IN PLACE, TO MAKE SURE THAT THERE WAS

UNDERGROUNDING WHEN NECESSARY TO AVOID THESE HAZARDS LONG-TERM. SO

WE MODELED THIS AFTER SOMETHING THAT WAS SUCCESSFULLY BEING DONE IN

FLORIDA WHICH DID NOT RAISE RATES. WHAT IT DID IS IT ALLOWED US TO

DISTINGUISH BETWEEN RATES THAT WERE MEANT TO GO TO STORM HARDENING

VERSUS RATES THAT WERE DESIGNED TO DEAL WITH THE INFRASTRUCTURE OF THE

UTILITY. AND THAT'S WHAT THIS WILL DO.

SO THIS WILL NOT RAISE RATES. THIS WILL JUST ALLOW US TO

HAVE SEPARATE HEARINGS FOR AND -- AND INCREASE OUR ABILITY TO -- TO AVOID

PROBLEMS IN THE FUTURE. SO WITH THAT, I WITHDRAW MY REQUEST AND I VOTE

IN THE POSITIVE. THANK YOU.

ACTING SPEAKER ZEBROWSKI: MS. PAULIN IN

THE AFFIRMATIVE.

MR. PALMESANO TO EXPLAIN HIS VOTE.

MR. PALMESANO: YES, THANK YOU, MR. SPEAKER.

TO EXPLAIN MY VOTE. I'D LIKE, AS MY COLLEAGUE SAID, THIS COMBINES TWO

BILLS THAT WERE PASSED, THE FIRST ONE THAT I THINK IS THE MOST IMPORTANT

AND CRITICAL FOR LONG-TERM IS THAT UTILITY CORPORATIONS WILL WORK WITH THE

PSC TO DEVELOP LONG-TERM STORM HARDENING AND RESILIENCY PLANS TO HELP

417

NYS ASSEMBLY JUNE 10, 2021

ENHANCE AND HOPEFULLY ENSURE THE RELIABILITY OF OUR UTILITY INFRASTRUCTURE

FOR THE FUTURE. TO HELP IMPROVE OUR POLES, OUR WIRES, OUR TRANSMISSION,

OUR TRANSFORMERS, ADDRESS DANGER TREES, VEGETATION AND OTHER ACTIONS IN

A HOPE OF BEING ABLE TO BETTER HANDLE FUTURE STORMS AND BE BETTER

PREPARED FOR POTENTIAL OUTAGES AND SUBSEQUENT RESPONSE THAT'S CRITICALLY

IMPORTANT. THIS IS LONG OVERDUE AND FROM MY PERSPECTIVE, I THINK THIS

IS THE MOST IMPORTANT PART OF THIS BILL LONG-TERM.

THE SECOND PART OF THE BILL I HAVE CONCERNS WITH. THIS

PASSED PREVIOUSLY. IT HAD 26 NO VOTES, THE OTHER BILL PASSED

UNANIMOUSLY, WHICH DOES CREATE THIS CREDIT REIMBURSEMENT FOR UTILITIES

TO RESIDENTS AND SMALL BUSINESSES WHO RECEIVE, LIKE, A BILL CREDIT OF $25

A DAY FOR EACH 24 HOUR PERIOD AFTER THE FIRST CONSECUTIVE 48 HOURS AFTER

THAT EMERGENCY EVENT TO GET REIMBURSED FOR FOOD AND MEDS. THERE

WERE SOME MODIFICATIONS MADE TO THAT IN THIS BILL; INSTEAD OF 40 HOURS,

IT'S NOW 72 HOURS WHICH I THINK IS A BETTER THING FOR THE OVERALL

PERSPECTIVE, AND IT ALSO REQUIRES SOME ITEMIZED LOSS AND PROOF OF LOSS.

AND THIS WILL ALSO BE A POSITIVE THING FOR THOSE RESIDENTS WHO DO HAVE

LONG-TERM OUTAGES AND AFFECTED BY THE STORMS.

I KNOW COLLECTIVELY A NUMBER OF US ON OUR SIDE OF THE

AISLE WILL PROBABLY OPPOSE THIS. ME, MYSELF, I AM GOING TO SUPPORT THIS

LEGISLATION. NUMBER ONE, I BELIEVE THIS STORM HARDENING RESILIENCY PLAN

TO IMPROVE THE RELIABILITY OF OUR INFRASTRUCTURE IS CRITICALLY -- CRITICAL TO

OUR RESPONSE TO OUR FUTURE STORMS AND IT'S LONG, LONG OVERDUE. AND

ALTHOUGH I KNOW THERE ARE CONCERNS WITH THIS CREDIT REIMBURSEMENT

ASPECT OF IT, THERE HAVE BEEN SOME POSITIVE CHANGES THAT HAVE BEEN

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NYS ASSEMBLY JUNE 10, 2021

MADE ON TO THIS ASPECT AND WE HAVE -- CAN'T FORGET THAT WILL BE A BENEFIT

TO THE RESIDENTS WHO DO HAVE IMPACT AND HURT FROM OUTAGES. SO FOR

THAT REASON, I'M GOING TO BE SUPPORTING THIS LEGISLATION, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR. PALMESANO

IN THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. BROWN, MR. GIGLIO, MR.

MIKULIN, MR. MONTESANO, MR. SCHMITT, MR. SMITH, AND MR. TANNOUSIS.

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 22, RULES REPORT NO. 692, THE CLERK WILL READ.

THE CLERK: SENATE NO. S06916-A, RULES REPORT

NO. 692, SENATOR KAVANAGH (CYMBROWITZ--A07918). AN ACT TO AMEND

THE LOCAL EMERGENCY HOUSING RENT CONTROL ACT, IN RELATION TO THE DATE

IN CALENDAR YEAR 2022 WHEN THE LOCAL LEGISLATIVE BODY OF A CITY HAVING

A POPULATION OF ONE MILLION OR MORE MAY DETERMINE THE CONTINUATION OF

THE EMERGENCY; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 6916-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I THINK IT'S ONLY

APPROPRIATE THAT WE FINISH THE DEBATE CALENDAR HOPEFULLY FOR THIS YEAR

WITH A BILL ACKNOWLEDGING, RECOGNIZING, AND DOCUMENTING 80 YEARS OF

FAILED HOUSING POLICY IN THE CITY OF NEW YORK. IN 1946 AFTER THE WAR,

WE IMPLEMENTED TEMPORARY EMERGENCY RENT CONTROL. OKAY, SO I

EXAGGERATED, IT REALLY WASN'T 80 YEARS, IT WAS ONLY 70-WHATEVER, 76.

AND THEN IN 1962, NOT TO BE OUTDONE, WE IMPLEMENTED THE LOCAL

EMERGENCY RENT CONTROL ACT AND UNDER THAT ACT, WE DECIDED WE HAD TO

SURVEY HOW BAD THINGS WERE EVERY THREE YEARS. WELL, THAT SURVEY IS

DUE NEXT YEAR AND I SUSPECT JUST LIKE THE LAST 80 YEARS, IT'S GOING TO SAY

THINGS ARE PRETTY BAD IN NEW YORK CITY. AND SOME PEOPLE MIGHT THINK

THAT EVENTUALLY WE MIGHT FIGURE OUT THAT OUR HOUSING STRATEGY IN NEW

YORK CITY IS NOT WORKING. IT'S ONE OF THE ONLY CITIES IN THE NATION THAT

STILL HAS RENT CONTROL, AND IT'S ONE OF THE ONLY CITIES IN THE NATION THAT

STILL HAS EMERGENCY -- EMERGENCY SITUATION.

SO I HOPE ONCE WE GET THIS DATA NEXT YEAR, ALBEIT

SEVERAL MONTHS LATE BECAUSE YOU CAN'T RUSH A REPORT ABOUT AN

EMERGENCY SITUATION, AND THIS BILL EXTENDS THAT REPORT FOR THREE MONTHS,

420

NYS ASSEMBLY JUNE 10, 2021

BUT HOPEFULLY, EVENTUALLY, WE'LL FIGURE OUT HOW BAD OUR HOUSING POLICY

IS AFTER 80 YEARS. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN

THE AFFIRMATIVE.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU

PLEASE RECORD MR. DIPIETRO IN THE NEGATIVE ON THIS BILL, PLEASE.

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, COLLEAGUES,

GOOD EVENING -- GOOD MORNING, I SHOULD SAY. WE'VE ARRIVED AT OUR

OPPORTUNITY TO BEGIN CONSENTING. WE HAVE THREE CALENDARS THAT OFFER

US OPPORTUNITIES TO CONSENT. WE'RE GOING TO START WITH THE MAIN

CALENDAR AND WE'RE GOING TO GO TO RULES REPORT NO. 696 STRAIGHT

THROUGH TO NO. 747. BEFORE WE DO THAT, MR. SPEAKER, IF WE COULD OFFER

A CONGRATULATIONS AND HAPPY BIRTHDAY TO MR. ANDERSON, OUR COLLEAGUE,

WHO HAS JUST BECOME 25.

(APPLAUSE)

ACTING SPEAKER ZEBROWSKI: HAPPY

BIRTHDAY, MR. ANDERSON.

PAGE NO. 22, RULES REPORT NO. 696, THE CLERK WILL

READ.

421

NYS ASSEMBLY JUNE 10, 2021

THE CLERK: ASSEMBLY NO. A00465-A, RULES

REPORT NO. 696, ROZIC, BICHOTTE HERMELYN, JACOBSON. AN ACT TO

AMEND THE ELECTION LAW, IN RELATION TO THE CONFIDENTIALITY OF

REGISTRATION RECORDS FOR VICTIMS OF DOMESTIC VIOLENCE.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MS. ROZIC, 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 155-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. A00471-C, RULES

REPORT NO. 697, MAGNARELLI, DE LA ROSA, DINOWITZ, COLTON, SIMON,

VANEL, SEAWRIGHT, PERRY. AN ACT TO AMEND THE VEHICLE AND TRAFFIC

LAW, IN RELATION TO CERTAIN EQUIPMENT VIOLATIONS AND FINES.

ACTING SPEAKER ZEBROWSKI: 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.

422

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 784-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. A00616-A, RULES

REPORT NO. 698, L. ROSENTHAL, LUPARDO, SEAWRIGHT, OTIS, JACKSON,

GONZ�LEZ-ROJAS, KELLES. AN ACT TO AMEND THE CORRECTION LAW, IN

RELATION TO THE RIGHTS OF PREGNANT INMATES.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 399-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.

423

NYS ASSEMBLY JUNE 10, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00661-A, RULES

REPORT NO. 699, L. ROSENTHAL. AN ACT TO AMEND THE MENTAL HYGIENE

LAW AND THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN

RELATION TO GAMBLING AND THE CREATION OF A SELF-EXCLUSION REQUEST FOR

REMOVAL FORM.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 412-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. A01143-A, RULES

REPORT NO. 700, PAULIN, EICHENSTEIN. AN ACT TO AMEND THE TAX LAW, IN

RELATION TO CODIFYING EXISTING GUIDANCE ON THE APPLICATION OF SALES AND

USE TAX.

424

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 6301-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. A01566, RULES REPORT

NO. 701, JEAN-PIERRE. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN

RELATION TO THE TOWN OF BABYLON ESTABLISHING AN ADMINISTRATIVE

ADJUDICATION HEARING PROCEDURE FOR CODE AND ORDINANCE VIOLATIONS.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MS. JEAN-PIERRE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

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

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 1368. 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

425

NYS ASSEMBLY JUNE 10, 2021

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. A03028, RULES REPORT

NO. 703, MCDONALD, HEVESI, OTIS. AN ACT TO AMEND THE EXECUTIVE

LAW, IN RELATION TO REMEDIES FOR VIOLATIONS OF THE NEW YORK STATE

UNIFORM FIRE PREVENTION AND BUILDING CODE ACT.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 1633. 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. A04142-A, RULES

REPORT NO. 705, NIOU, JACOBSON. AN ACT TO AMEND THE ELECTION LAW,

IN RELATION TO CANDIDATE DECLINATION.

426

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MS. NIOU, 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 613-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. A04173, RULES REPORT

NO. 706, RODRIGUEZ, BARRON, COOK, HYNDMAN, PEOPLES-STOKES,

WALKER, SEAWRIGHT. AN ACT TO AMEND THE EXECUTIVE LAW AND THE STATE

FINANCE LAW, IN RELATION TO MINORITY- AND WOMEN-OWNED BUSINESS

ENTERPRISES POST COMPLETION CERTIFICATION, DUTIES OF THE DIRECTOR AND

CREATING THE MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE FUND.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 4173. THIS IS A FAST ROLL CALL. ANY

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

427

NYS ASSEMBLY JUNE 10, 2021

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. A05238, RULES REPORT

NO. 707, BARRETT, DICKENS, ZINERMAN, MAGNARELLI, THIELE, SIMON,

SEAWRIGHT, GALEF, STERN, FERNANDEZ, MONTESANO, GONZ�LEZ-ROJAS,

FORREST. CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING

AMENDMENTS TO SECTIONS 3 AND 4 OF ARTICLE 17 OF THE CONSTITUTION, IN

RELATION TO THE PROTECTION AND PROMOTION OF THE MENTAL HEALTH OF NEW

YORKERS.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 5238. 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.

428

NYS ASSEMBLY JUNE 10, 2021

THE CLERK: ASSEMBLY NO. A05324, RULES REPORT

NO. 708, BRABENEC, GUNTHER, B. MILLER, SCHMITT. AN ACT TO AMEND

CHAPTER 262 OF THE LAWS OF 2005, AMENDING THE TAX LAW RELATING TO

AUTHORIZING THE TOWN OF WARWICK TO IMPOSE A REAL ESTATE TRANSFER TAX

WITH REVENUES THEREFROM TO BE DEPOSITED IN SAID COMMUNITY

PRESERVATION FUND, IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BRABENEC, 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 2689. 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.

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

WOULD PLEASE COUNT OUR COLLEAGUES IN THE NEGATIVE ON THIS ONE: MRS.

BARRETT, MR. BURKE, MS. BUTTENSCHON, MS. GRIFFIN, MS. LUNSFORD, MS.

MCMAHON, MR. RAMOS, MR. SANTABARBARA, MR. STERN, MR. STIRPE, MS.

WALLACE, AND MR. DINOWITZ.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

COLLEAGUES, LET'S HAVE SOME ORDER IN THE CHAMBER.

MS. WALSH.

429

NYS ASSEMBLY JUNE 10, 2021

MS. WALSH: THANK YOU, MR. SPEAKER. WILL YOU

PLEASE RECORD MY COLLEAGUE, MR. MONTESANO, AND MY COLLEAGUE, MR.

TANNOUSIS, BOTH IN THE NEGATIVE ON THIS VOTE, PLEASE.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05585, RULES REPORT

NO. 711, SCHMITT. AN ACT TO AMEND THE TOWN LAW, IN RELATION TO

AUTHORIZING THE TOWN OF CHESTER, COUNTY OF ORANGE TO ESTABLISH

COMMUNITY PRESERVATION FUNDS; TO AMEND THE TAX LAW, IN RELATION TO

AUTHORIZING THE TOWN OF CHESTER TO IMPOSE A REAL ESTATE TRANSFER TAX

WITH REVENUES THEREFROM TO BE DEPOSITED IN SAID COMMUNITY

PRESERVATION FUND; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS

UPON EXPIRATION THEREOF.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT --

ACTING SPEAKER ZEBROWSKI: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A05761, RULES REPORT

NO. 712, SCHMITT. AN ACT TO AMEND THE TOWN LAW, IN RELATION TO

AUTHORIZING THE TOWN OF BLOOMING GROVE, COUNTY OF ORANGE TO

ESTABLISH COMMUNITY PRESERVATION FUNDS; TO AMEND THE TAX LAW, IN

430

NYS ASSEMBLY JUNE 10, 2021

RELATION TO AUTHORIZING THE TOWN OF BLOOMING GROVE TO IMPOSE A REAL

ESTATE TRANSFER TAX WITH REVENUES THEREFROM TO BE DEPOSITED IN SAID

COMMUNITY PRESERVATION FUND; AND PROVIDING FOR THE REPEAL OF CERTAIN

PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MR. SCHMITT, 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 1811. 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. A06138, RULES REPORT

NO. 713, THIELE. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN

RELATION TO LOCAL CIVIL ADMINISTRATIVE ENFORCEMENT PROCEDURES IN THE

TOWN OF EAST HAMPTON.

ACTING SPEAKER ZEBROWSKI: 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.

431

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 5556. 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. A06235-B, RULES

REPORT NO. 715, GONZ�LEZ-ROJAS, GALLAGHER, JACKSON, EPSTEIN, SIMON,

SEAWRIGHT, FERNANDEZ, CRUZ, DINOWITZ, GOTTFRIED, CARROLL, RICHARDSON,

ANDERSON, QUART, HEVESI, SEPTIMO, RODRIGUEZ, JEAN-PIERRE, FALL,

BARNWELL, FORREST, CUSICK, STECK, THIELE, OTIS, GLICK. AN ACT TO AMEND

THE PUBLIC AUTHORITIES LAW, IN RELATION TO REQUIRING THE METROPOLITAN

TRANSPORTATION AUTHORITY TO DEVELOP A STRATEGIC ACTION PLAN TO IMPROVE

BICYCLE AND PEDESTRIAN ACCESS AT ITS BRIDGES AND PASSENGER STATIONS.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MS. GONZ�LEZ-ROJAS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 4943-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

432

NYS ASSEMBLY JUNE 10, 2021

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. GONZ�LEZ-ROJAS TO EXPLAIN HER VOTE.

MS. GONZ�LEZ-ROJAS: THANK YOU, MR. SPEAKER.

I HAVE THE PRIVILEGE OF REPRESENTING A DISTRICT WHERE WE HAVE A VIBRANT

AND GROWING NUMBER OF CYCLISTS. I, MYSELF, HAVE INCREASED CYCLING

DURING THE PANDEMIC AND LAST YEAR, I JOINED SOME OF MY COLLEAGUES ON

A BIKE PROTEST TO (INAUDIBLE) IN ASTORIA. THE POSITIVE PHYSICAL HEALTH,

MENTAL HEALTH, AND ENVIRONMENTAL JUSTICE OUTCOMES OF CYCLING ARE

WELL-FOUNDED, SO WE MUST PROVIDE AS MUCH ACCESS TO THIS MODE OF

TRANSPORTATION AS POSSIBLE. CURRENTLY, AN ESTIMATED 900,000 NEW

YORKERS RIDE A BIKE REGULARLY, SO WE HAVE TO ENSURE THAT THEIR VOICES

ARE HEARD WHEN DECISIONS ARE MADE ABOUT UPCOMING MTA PROJECTS SO

THAT WE CAN FACTOR BIKE AND PEDESTRIAN ACCESS INTO THOSE PLANS.

RIGHT NOW, OF THE THREE MTA BRIDGES BETWEEN

MANHATTAN, QUEENS, AND THE BRONX, NONE OF THEM CREATE -- HAVE A BIKE

LANE. THE RFK TRIBOROUGH BRIDGE OFFICIALLY REQUIRES BICYCLISTS TO

CARRY THEIR BIKES UP A STAIRCASE. THIS DOES NOT PROVIDE THE KIND OF

ACCESS THAT OUR COMMUNITIES NEED IN ORDER TO ENGAGE IN CYCLING. THIS

LEGISLATION WILL RESULT IN A MECHANISM FOR THE VOICES AND THE CONCERN OF

CYCLISTS TO BE HEARD BY THE MTA AND WILL INFORM ITS STRATEGY. I'M

PROUD TO HAVE SPONSORED THIS LEGISLATION WITH MY COLLEAGUE IN THE

SENATE, WHOSE LEADERSHIP I RESPECT AND ADMIRE. I ALSO WANT TO THANK

THE SPEAKER FOR BRINGING THIS BILL TO A VOTE. AND AS ALWAYS, I'D LIKE TO

THANK THE ADVOCATES, INCLUDING BIKE NEW YORK, STREETSPAC,

433

NYS ASSEMBLY JUNE 10, 2021

TRANSPORTATION ALTERNATIVES, BROOKLYN WATERFRONT GREENWAY INITIATIVE,

REGIONAL PLAN ASSOCIATION, AND ALL THE BIKE TWITTER. I PROUDLY VOTE IN

THE AFFIRMATIVE.

ACTING SPEAKER ZEBROWSKI: MS.

GONZ�LEZ-ROJAS IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06267, RULES REPORT

NO. 716, MAMDANI, BARNWELL. AN ACT TO AMEND THE STATE

ADMINISTRATIVE PROCEDURE ACT, IN RELATION TO PUBLIC HEARINGS ON

PROPOSED RULES; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MR. MAMDANI, 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 ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 155. 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. MAMDANI TO EXPLAIN HIS VOTE.

MR. MAMDANI: THANK YOU, MR. SPEAKER. I'M

434

NYS ASSEMBLY JUNE 10, 2021

PROUD TO BE A MEMBER OF A CHAMBER THAT FUNDAMENTALLY BELIEVES IN THE

ETHOS OF DEMOCRACY, AND IT IS THAT BELIEF THAT LEAD ME TO THE IDEOLOGY OF

SOCIALISM, A BELIEF THAT WE MUST EXTEND DEMOCRACY FROM THE BALLOT

BOX TO THE REST OF OUR SOCIETY. WHAT THIS BILL DOES IS IT SEEKS TO

DEMOCRATIZE OUR STATE AGENCIES BY ENSURING THAT THEY HAVE THE

AUTHORITY TO HOLD HEARINGS ON WEEKENDS AND EVENINGS, BY PROVIDING

THEM THROUGH A MEDIUM WHERE THEY CAN BE MORE ACCESSIBLE TO

CONSTITUENTS TO ASK QUESTIONS IN ROUND TABLE FORMATS, AND STARTING A

PILOT PROGRAM WHEREBY IF YOU HAVE A 125 PETITIONS FROM ANY GROUP OF

PEOPLE THAT THE TOP SEVEN AGENCIES WOULD BE REQUIRED TO HOLD A

HEARING.

SO I THANK EVERYONE WHO HAS BEEN A PART OF BRINGING

THIS PIECE OF LEGISLATION TO THE FLOOR, AND I ALSO WANT TO THANK ALL OF MY

CONSTITUENTS IN ASTORIA AND NORTHWEST QUEENS FOR THE ADVOCACY THAT

THEY HAVE DONE IN THE YEARS PRIOR AND THE YEARS PAST THAT ENSURES

LEGISLATION SUCH AS THIS IS NECESSARY BECAUSE THEY HAVE BEEN LOCKED OUT

OF THE DEMOCRATIC PROCESS BY ARCANE RULES. SO THIS IS A BILL THAT SEEKS

TO HOLD ALBANY MORE ACCOUNTABLE TO ASTORIA. IT IS A BILL THAT SEEKS TO

ENSURE THAT WE HAVE A DEMOCRACY THAT LIVES UP TO ITS NAME IN A SMALL,

HUMBLE STEP. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR. MAMDANI

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

435

NYS ASSEMBLY JUNE 10, 2021

CONGRATULATIONS, MR. MAMDANI, ON YOUR FIRST BILL.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06383, RULES REPORT

NO. 717, BURKE. AN ACT TO AUTHORIZE JASON M. SCHIEDEL TO RECEIVE

CERTAIN CREDIT UNDER SECTION 384-D OF THE RETIREMENT AND SOCIAL

SECURITY LAW.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

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

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 4401. 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. A06430-A, RULES

REPORT NO. 718, HYNDMAN, GALEF, DICKENS, PERRY, PAULIN. AN ACT TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO CREATING THE SICKLE CELL

DISEASE DETECTION AND EDUCATION PROGRAM.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

436

NYS ASSEMBLY JUNE 10, 2021

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 6430-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. A06547-A, RULES

REPORT NO. 719, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO PROVIDING A HEART DISEASE PRESUMPTION FOR

CERTAIN FIRE MARSHALS IN NASSAU COUNTY.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION. 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 BILL 7167. 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.

437

NYS ASSEMBLY JUNE 10, 2021

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06576-A, RULES

REPORT NO. 720, EICHENSTEIN, CARROLL, PHEFFER AMATO, WEINSTEIN,

COLTON, SIMON. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO

PENDENCY PLACEMENTS IN A SCHOOL DISTRICT IN A CITY HAVING A POPULATION

OF ONE MILLION OR MORE.

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,

2022.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 6576-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. EICHENSTEIN TO EXPLAIN HIS VOTE.

MR. EICHENSTEIN: THANK YOU, MR. SPEAKER. IF

YOU LIVE IN NEW YORK CITY AND YOUR FAMILY HAS NO NEEDS FOR SPECIAL

EDUCATION SERVICES, CONSIDER YOURSELF BLESSED. I HAVE PERSONALLY MET

WITH MANY FAMILIES WHO HAVE SPECIAL NEEDS CHILDREN AND I HAVE SEEN

THEM EXPERIENCE THESE CHALLENGES AND DIFFICULTIES UP CLOSE. RAISING A

438

NYS ASSEMBLY JUNE 10, 2021

CHILD WITH DISABILITIES IS VERY HARD. IN MANY CASES, IT'S A

ROUND-THE-CLOCK JOB. THERE IS NO REST, THERE'S NO RESPITE. THERE'S SO

MUCH TO DEAL WITH EMOTIONALLY, PHYSICALLY, AND FINANCIALLY.

UNFORTUNATELY IN NEW YORK CITY, SPECIAL NEEDS CHILDREN FOR WHOM THE

LOCAL SCHOOL DISTRICT CANNOT PROVIDE AN APPROPRIATE PLACEMENT WHICH IS,

BY THE WAY, REQUIRED BY FEDERAL LAW, COULD TAKE MONTHS IF NOT A YEAR OR

TWO UNTIL THEY REIMBURSE. THIS IS PRECISELY WHY I'M PROPOSING THIS

LEGISLATION ON BEHALF OF THESE CHILDREN AND THEIR FAMILIES ALL ACROSS THE

CITY. EACH AND EVERY ONE OF US CITY MEMBERS HAVE CONSTITUENTS WHO

ARE UNFORTUNATELY STRUGGLING WITH THIS UNJUST BURDEN, AN INJUSTICE

WHICH, BY THE WAY, DATES BACK CLOSE TO TWO DECADES. THESE FAMILIES

ARE DEALING WITH A LOT. THIS LEGISLATION HOPEFULLY WHEN ENACTED INTO

LAW WILL EASE THE BURDEN JUST A BIT. I WANT TO THANK THE SPEAKER FOR

ALLOWING ME TO BRING THIS PIECE OF LEGISLATION TO THE FLOOR, AND I HOPE

MY COLLEAGUES WILL SUPPORT ME IN THIS IMPORTANT PIECE OF LEGISLATION.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR.

EICHENSTEIN IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07352, RULES REPORT

NO. 722, ABINANTI. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION

TO REQUIRING THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO

SUBMIT A DETAILED REPORT OF PROPOSED SAVINGS AND INVESTMENT INITIATIVES

439

NYS ASSEMBLY JUNE 10, 2021

WITHIN THE EXECUTIVE BUDGET.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 6292. 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. A07369-A, RULES

REPORT NO. 723, GOTTFRIED, BARRON. AN ACT TO AMEND THE PUBLIC HEALTH

LAW, IN RELATION TO TELEHEALTH DELIVERY OF SERVICES BY PHYSICAL THERAPY

AND OCCUPATIONAL THERAPY ASSISTANTS, CHIROPRACTORS AND MENTAL HEALTH

PRACTITIONERS.

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 7369-A. THIS IS A FAST ROLL CALL. ANY

440

NYS ASSEMBLY JUNE 10, 2021

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07444, RULES REPORT

NO. 724, ABBATE, LAWLER. AN ACT TO AUTHORIZE THE TOWN OF

ORANGETOWN TO OFFER A CERTAIN RETIREMENT OPTION TO ORANGETOWN POLICE

OFFICERS PATRICK J. CASEY, ELIZABETH M. MUCKELL AND KEITH E. TROJAN.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

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

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 7169. 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. I JUST

WANT TO TAKE A MOMENT TO THANK CHAIRMAN ABBATE FOR MOVING THIS

LEGISLATION FORWARD TO HELP CORRECT A MISTAKE THAT WAS MADE WHEN

441

NYS ASSEMBLY JUNE 10, 2021

OFFICER CASEY, MUCKELL AND TROJAN BECAME POLICE OFFICERS IN THE TOWN

OF ORANGETOWN, AND APPRECIATE HIS HELP IN GETTING THIS LEGISLATION

THROUGH. THANK YOU. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ZEBROWSKI: MR. LAWLER IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07615, RULES REPORT

NO. 725, THIELE. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS "STATE TROOPER

JOSE A. ROSADO MEMORIAL BRIDGE."

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 6765. 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.

442

NYS ASSEMBLY JUNE 10, 2021

THE CLERK: ASSEMBLY NO. A07620, RULES REPORT

NO. 726, STERN, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO DEATH BENEFITS FOR DEPUTY SHERIFFS

EMPLOYED BY SUFFOLK COUNTY.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ -- AND A HOME RULE MESSAGE IS AT THE DESK. READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 6796. 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. A07624, RULES REPORT

NO. 727, THIELE. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS "STATE TROOPER

DONALD A. STRAND MEMORIAL BRIDGE."

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION.

443

NYS ASSEMBLY JUNE 10, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 6764. 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. A07647, RULES REPORT

NO. 728, THIELE. AN ACT TO AMEND THE TOWN LAW, IN RELATION TO THE

PECONIC BAY REGION COMMUNITY PRESERVATION FUND; AND PROVIDING FOR

THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 6847. 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.

444

NYS ASSEMBLY JUNE 10, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07725-A, RULES

REPORT NO. 729, ZINERMAN, JACOBSON. AN ACT TO AMEND THE LABOR

LAW, IN RELATION TO AUTHORIZING SERVICE OF NOTICE BY ELECTRONIC

COMMUNICATION.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MS. ZINERMAN, 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 7135-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. A07757, RULES REPORT

NO. 730, LUPARDO, GRIFFIN, BARRETT, STIRPE. AN ACT TO AMEND THE

ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO TEMPORARY

MANUFACTURING PERMITS; AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW

RELATING THERETO.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

445

NYS ASSEMBLY JUNE 10, 2021

MS. LUPARDO, 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 90TH

DAY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 6256-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. A07781-A, RULES

REPORT NO. 732, BLANKENBUSH. AN ACT TO ESTABLISH A WIND ENERGY

SYSTEMS TAX STABILIZATION RESERVE FUND IN THE COPENHAGEN CENTRAL

SCHOOL DISTRICT TO LESSEN OR PREVENT INCREASES IN THE SCHOOL DISTRICT'S

REAL PROPERTY TAX LEVY.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MR. BLANKENBUSH, 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 6758-A. THIS IS A FAST ROLL CALL. ANY

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

446

NYS ASSEMBLY JUNE 10, 2021

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. A07792, RULES REPORT

NO. 733, STIRPE. AN ACT IN RELATION TO GRANTING MICHAEL AREGANO

ADDITIONAL SERVICE CREDIT WITH THE NEW YORK STATE AND LOCAL POLICE

AND FIRE RETIREMENT SYSTEM.

ACTING SPEAKER ZEBROWSKI: HOME RULE

MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 7792. 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: MR. SPEAKER, WILL YOU PLEASE RECORD

MR. FITZPATRICK IN THE NEGATIVE ON THIS BILL, PLEASE.

ACTING SPEAKER ZEBROWSKI: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

447

NYS ASSEMBLY JUNE 10, 2021

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07880-A, RULES

REPORT NO. 735, B. MILLER. AN ACT TO AUTHORIZE GINA KEHOE OF THE

TOWN OF MONTGOMERY TO TAKE THE COMPETITIVE CIVIL SERVICE

EXAMINATION FOR THE POSITION OF POLICE OFFICER AND TO BE PLACED ON THE

ELIGIBLE LIST FOR EMPLOYMENT AS A FULL-TIME POLICE OFFICER FOR THE TOWN

OF MONTGOMERY POLICE DEPARTMENT.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MR. BRIAN MILLER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL

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

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON SENATE BILL 7154. 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. A07943, RULES REPORT

NO. 739, WEINSTEIN, CYMBROWITZ. AN ACT TO AMEND THE EDUCATION

LAW, IN RELATION TO IMPARTIAL HEARINGS IN SCHOOL DISTRICTS IN CITIES WITH A

POPULATION OF ONE MILLION OR MORE.

448

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER ZEBROWSKI: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZEBROWSKI: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 7943. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED -- THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08027, RULES REPORT

NO. 741, PHEFFER AMATO. AN ACT TO AMEND THE JUDICIARY LAW, IN

RELATION TO THE NUMBER OF SUPREME COURT JUSTICES IN EACH JUDICIAL

DISTRICT.

ACTING SPEAKER ZEBROWSKI: ON A MOTION BY

MS. PHEFFER AMATO, 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 7220. 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: MS. WALSH.

MS. WALSH: MR. SPEAKER, WOULD YOU PLEASE RECORD

MR. FITZPATRICK AND MR. DIPIETRO IN THE NEGATIVE ON THIS BILL.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

449

NYS ASSEMBLY JUNE 10, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08028, RULES REPORT

NO. 742, WALKER. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN

RELATION TO THE DATES BY WHICH THE GOVERNOR MAY MAKE PROCLAMATION OF

A SPECIAL ELECTION TO FILL CERTAIN OFFICES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WALKER, 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 7227. 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. A08032, RULES REPORT

NO. 743, WEINSTEIN. AN ACT TO AMEND CHAPTER 53 OF THE LAWS OF 2021,

ENACTING THE AID TO LOCALITIES BUDGET, AND TO AMEND CHAPTER 54 OF THE

LAWS OF 2021, ENACTING THE CAPITAL PROJECTS BUDGET, IN RELATION TO

MAKING TECHNICAL CORRECTIONS THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

450

NYS ASSEMBLY JUNE 10, 2021

WEINSTEIN, 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 7234. 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. A08033, RULES REPORT

NO. 744, DILAN. AN ACT TO AMEND THE TAX LAW, IN RELATION TO PROVIDING

AN EXCLUSION FROM INCOME FOR AMOUNTS RECEIVED PURSUANT TO THE

COVID-19 PANDEMIC SMALL BUSINESS RECOVERY GRANT PROGRAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

DILAN, 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 7230. 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.

451

NYS ASSEMBLY JUNE 10, 2021

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08034, RULES REPORT

NO. 745, MCDONALD. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

PROVIDING A DEDUCTION FOR REPAYMENT OF AMOUNTS REPORTED IN A

TAXPAYER'S INCOME IN A PREVIOUS YEAR.

ACTING SPEAKER AUBRY: ON A -- 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 7231. 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. A08036, RULES REPORT

NO. 747, ABBATE. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION

TO COMPENSATION, BENEFITS AND OTHER TERMS AND CONDITIONS OF

EMPLOYMENT OF CERTAIN STATE OFFICERS AND EMPLOYEES; TO IMPLEMENT

452

NYS ASSEMBLY JUNE 10, 2021

AGREEMENTS BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION; MAKING

AN APPROPRIATION FOR THE PURPOSE OF EFFECTUATING CERTAIN PROVISIONS

THEREOF; AND TO REPEAL CERTAIN PROVISIONS OF THE CIVIL SERVICE LAW

RELATING THERETO.

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.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7232. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES,

SO WE CAN MOVE TO OUR NEXT CALENDAR, WHICH IS THE A-CALENDAR. WE'RE

GOING TO START WITH PAGE 3 ON RESOLUTIONS AND MOVE STRAIGHT THROUGH.

THERE'S SOME 50 BILLS HERE, WE CAN GET THOSE DONE WITH SOME

EXPEDIENCY, WE CAN MOVE ON TO OUR LAST CALENDAR AND A COUPLE

DEBATES.

ACTING SPEAKER AUBRY: A-CALENDAR, PAGE 3,

453

NYS ASSEMBLY JUNE 10, 2021

ASSEMBLY RESOLUTION NO. 445, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 445,

HEASTIE. ASSEMBLY RESOLUTION AMENDING ASSEMBLY RESOLUTION R

2002 OF 2008 ESTABLISHING A PLAN SETTING FORTH AN ITEMIZED LIST OF

GRANTEES FOR THE NEW YORK STATE CAPITAL ASSISTANCE PROGRAM

ESTABLISHED PURSUANT TO AN APPROPRIATION IN THE 2008-2009 STATE FISCAL

YEAR AND IN PART QQ OF CHAPTER 57 OF THE LAWS OF 2008.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 445. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 446, MR.

HEASTIE. ASSEMBLY RESOLUTION ESTABLISHING A PLAN SETTING FORTH AN

ITEMIZED LIST OF GRANTEES FOR A CERTAIN APPROPRIATION FOR THE 2021-22

STATE FISCAL YEAR FOR GRANTS IN AID FOR SERVICES AND EXPENSES OF THE

EDUCATION DEPARTMENT, HUMAN SERVICES ORGANIZATIONS, CRIMINAL JUSTICE

ORGANIZATIONS AND MUNICIPAL ENTITIES, HEALTH PROGRAMS AND PROVIDERS,

VETERANS' ORGANIZATIONS SERVICES, OLDER ADULTS PROGRAMS, THE JOSEPH P.

DWYER VETERAN PEER-TO-PEER PILOT PROGRAM, AND THE EDWARD BYRNE

MEMORIAL GRANT.

454

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY RESOLUTION NO. 446. THIS IS A FAST ROLL

CALL. ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS

REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

PAGE 4, RULES REPORT NO. 4 -- 748, THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. 11 --

ACTING SPEAKER AUBRY: THE RESOLUTION IS

ADOPTED, I'M SORRY.

THE CLERK: ASSEMBLY NO. A00117-C, RULES

REPORT NO. 748, GUNTHER, RAMOS, LUPARDO, ABINANTI, WALLACE,

PALMESANO, O'DONNELL, LAWLER, DICKENS, BARRON. AN ACT TO AMEND THE

MENTAL HYGIENE LAW AND THE EXECUTIVE LAW, IN RELATION TO THE CLOSURE

OR SUSPENSION OF SERVICES OF CERTAIN OFFICE OF MENTAL HEALTH, OFFICE

FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR OFFICE OF CHILDREN AND

FAMILY SERVICES FACILITIES AND INSTITUTIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

GUNTHER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

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

DAY.

455

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1765-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. A00844-A, RULES

REPORT NO. 749, JEAN-PIERRE, RAMOS. AN ACT TO AMEND THE REAL

PROPERTY LAW, IN RELATION TO REQUIRING REAL ESTATE BROKERS TO RECEIVE

TRAINING IN CULTURAL COMPETENCY.

ACTING SPEAKER AUBRY: 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 ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 979-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.

456

NYS ASSEMBLY JUNE 10, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01131-A, RULES

REPORT NO. 750, BRONSON. AN ACT IN RELATION TO ENACTING THE ROCHESTER

HOUSING COURT ACT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BRONSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 3280-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.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01141-A, RULES

REPORT NO. 751, PAULIN, MAGNARELLI, MCDONOUGH, J. M. GIGLIO,

GONZ�LEZ-ROJAS, EPSTEIN, BURDICK, O'DONNELL, HEVESI, GALEF, CARROLL,

ENGLEBRIGHT. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

PROHIBITING THE DISCLOSURE OF CERTAIN INFORMATION REQUIRED ON FINANCIAL

DISCLOSURE REPORTS OF CERTAIN NOT-FOR-PROFIT ORGANIZATIONS.

457

NYS ASSEMBLY JUNE 10, 2021

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 4817-B. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. LAWLER TO EXPLAIN HIS VOTE.

MR. LAWLER: THANK YOU, MR. SPEAKER. I WILL

SUPPORT THE BILL, THOUGH I DO HAVE CONCERN THAT SOME 501(C)(3)S DO

ENGAGE IN POLITICAL ACTIVITY AND MAY USE THIS AS A WAY TO SHIELD CERTAIN

DONATIONS TO TRY AND HIDE WHO IS SUPPORTING THEIR EFFORTS TO ENGAGE IN

POLITICAL ACTIVITY. I UNDERSTAND WHY MANY OF THE COLLEGES AND OTHER

NON-PROFITS WOULD WANT TO HAVE THEIR DONORS PROTECTED, BUT I DO HOPE

THAT THE ATTORNEY GENERAL DOES ENFORCE THE LAW WITH RESPECT TO ANY

501(C)(3)S THAT DO ENGAGE IN POLITICAL ACTIVITY AND USE THIS PROVISION TO

TRY AND HIDE THE DONATIONS THAT SUPPORT THEIR EFFORTS. THANK YOU.

ACTING SPEAKER AUBRY: MR. LAWLER IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

458

NYS ASSEMBLY JUNE 10, 2021

THE CLERK: ASSEMBLY NO. A02375-B, RULES

REPORT NO. 752, DINOWITZ, COOK, GUNTHER, SILLITTI, GALEF, MONTESANO,

MCDONOUGH, JEAN-PIERRE, BROWN, PHEFFER AMATO, L. ROSENTHAL. AN

ACT TO AMEND THE DOMESTIC RELATIONS LAW AND THE EXECUTIVE LAW, IN

RELATION TO COURT-ORDERED FORENSIC EVALUATIONS INVOLVING CHILD CUSTODY

AND VISITATION.

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 2375-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. A02452-A, RULES

REPORT NO. 753, FAHY, LUPARDO, REYES, J. RIVERA, COOK, D. ROSENTHAL,

TAYLOR, STIRPE, WOERNER, CRUZ, PICHARDO, DAVILA, WALLACE,

SANTABARBARA, HEVESI, GUNTHER, ROZIC, SAYEGH, DESTEFANO,

MANKTELOW, ASHBY, FORREST, MCDONALD, HUNTER, GALEF, CONRAD,

MCMAHON, GONZ�LEZ-ROJAS, RICHARDSON, BARRETT, SILLITTI, GRIFFIN,

ZINERMAN, RODRIGUEZ, CLARK, BUTTENSCHON. AN ACT TO AMEND THE

ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO ISSUANCE OF LICENSES TO

459

NYS ASSEMBLY JUNE 10, 2021

MOTION PICTURE THEATRES TO SELL WINE AND BEER; AND PROVIDING FOR THE

REPEAL OF CERTAIN PROVISIONS UPON THE EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 2452-A. THIS IS A FAST ROLL CALL.

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

CONTACT THE MINORITY -- MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU CAN

RECORD OUR COLLEAGUES IN THE NEGATIVE ON THIS ONE: MS. FRONTUS, MR.

STECK, MR. DILAN, MS. WEINSTEIN, MR. BARNWELL AND MRS.

PEOPLES-STOKES.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02590-B, RULES

REPORT NO. 754, EICHENSTEIN, ABBATE, BARNWELL, BRONSON, CRUZ,

DICKENS, REYES, TAYLOR, D. ROSENTHAL, JOYNER, WALLACE, BRAUNSTEIN,

RAJKUMAR, OTIS, SMITH. AN ACT TO AMEND THE ELDER LAW, IN RELATION TO

REPORTING UNMET NEED FOR PROGRAMS AND SERVICES FOR THE AGING.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

460

NYS ASSEMBLY JUNE 10, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 2590. 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. A03909, RULES REPORT

NO. 756, DICKENS, CRUZ, FAHY, FERNANDEZ, COLTON, PERRY, RODRIGUEZ,

SIMON, TAYLOR, ROZIC, PHEFFER AMATO, O'DONNELL, QUART, RICHARDSON.

AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO

AUTHORIZING THE ISSUANCE OF A TEMPORARY RETAIL PERMIT BY THE STATE

LIQUOR AUTHORITY TO LICENSEES LOCATED IN A MUNICIPALITY HAVING A

POPULATION OF ONE MILLION OR MORE PERSONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

DICKENS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST -- THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A04660-A, RULES

REPORT NO. 757, CRUZ, ASHBY, BURDICK, BARRETT, THIELE, HEVESI,

J. RIVERA, SIMON, GOTTFRIED, LAWLER, MORINELLO, SALKA, TAGUE. AN ACT

TO AMEND THE EXECUTIVE LAW, IN RELATION TO ESTABLISHING THE ALEX R.

461

NYS ASSEMBLY JUNE 10, 2021

JIMENEZ NEW YORK STATE MILITARY IMMIGRANT FAMILY LEGACY 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 4660-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. ASHBY TO EXPLAIN HIS VOTE.

MR. ASHBY: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO EXPLAIN MY VOTE. I'D LIKE TO THANK THE SPONSOR OF THIS LEGISLATION

FOR HER LEADERSHIP AND COMMITMENT TO IT. I'D LIKE TO THANK THE

COMMITTEE CHAIRS AND STAFF WHO'VE GUIDED THIS LEGISLATION TO THE FLOOR.

AND I'D LIKE TO GIVE A LITTLE BACK STORY ON IT. ON MAY 12TH, 2007, STAFF

SERGEANT ALEX JIMENEZ WAS AMBUSHED IN SOUTHERN IRAQ AND WAS

MISSING IN ACTION. HIS REMAINS WERE LATER RECOVERED IN JULY 2008.

AND I HAVE A RECOLLECTION OF THAT BECAUSE I WAS IN DIYALA PROVINCE

WHEN HIS REMAINS WERE RECOVERED. BUT WHAT I DON'T REMEMBER WAS

THAT HIS SPOUSE, YADERLIN, WAS IN THE PROCESS OF BEING DEPORTED DURING

THAT TIME. AND THAT BRINGS US TO THE BILL AT HAND. WHAT ENDED UP

HAPPENING IS IT CAUGHT THE ATTENTION OF HOMELAND SECURITY AND THE

FEDERAL GOVERNMENT WHEN THEY STARTED THE PAROLE IN PLACE PROGRAM.

AND THIS BILL AIMS TO REINFORCE THE SOLUTION TO THIS PROBLEM THAT SHOULD

NEVER HAPPEN. I WANT TO THANK THE FAMILY OF STAFF SERGEANT JIMENEZ,

462

NYS ASSEMBLY JUNE 10, 2021

MARIA, ANDY SR., ANDY JR., REYNOLD. I HAD OPPORTUNITY THE OPPORTUNITY

TO MEET THEM OVER THIS PAST YEAR DURING MY TIME WORKING WITH THE

SPONSOR, AND IT'S JUST BEEN AN INCREDIBLE AND VERY MEANINGFUL

EXPERIENCE. I WANT TO THANK THEM FOR THEIR SUPPORT AND THEIR

TREMENDOUS SACRIFICE, AND I WANT THEM TO KNOW, AND EVERYONE ELSE TO

KNOW, THAT WITH THIS LEGISLATION ALEX WILL NEVER BE FORGOTTEN AND THIS IS

HIS LEGACY.

THANK YOU, MR. SPEAKER.

(APPLAUSE)

MS. CRUZ TO EXPLAIN HER VOTE.

MS. CRUZ: THANK YOU, MR. SPEAKER. IF I'M WILLING

TO DIE FOR THE UNITED STATES WHY CAN'T I BE ALLOWED TO BE WITH MY

FAMILY? THIS IS THE QUESTION THAT MANY IMMIGRANT MEMBERS OF OUR

ARMED FORCES HAVE TO ASK THEMSELVES EVERY DAY. THEY'RE WILLING TO

MAKE THE ULTIMATE SACRIFICE TO DEFEND OUR NATION, AND MANY ARE REPAID

WITH DEPORTATION ORDERS FOR THEMSELVES OR THEIR LOVED ONES. THEIR

COMMITMENT REPRESENTS EXTRAORDINARY PATRIOTISM AND HONORABLE SERVICE

WHICH OUR COUNTRY SHOULD RESPOND TO BY OFFERING A CLEAR AND EXPEDITED

PATH TO CITIZENSHIP. OUR BILL WILL BENEFIT IMMIGRANT VETERANS AND THEIR

IMMIGRANT FAMILY MEMBERS BY ENSURING THAT THEY HAVE ACCESS TO LEGAL

SERVICES AND OTHER RESOURCES TO FIGHT DEPORTATION, PROCESS THEIR

PERMANENT RESIDENCY APPLICATION AND ULTIMATELY BECOME CITIZENS.

BECAUSE IT'S NOT ENOUGH TO KNOW THAT THERE'S A PATH IF YOU CAN'T ACTUALLY

ACCESS IT. OUR EFFORT WAS BORN OUT OF A TRAGEDY OF THE JIMENEZ FAMILY

FROM CORONA, QUEENS. SERGEANT ALEX JIMENEZ DISAPPEARED IN IRAQ AND

463

NYS ASSEMBLY JUNE 10, 2021

HIS BODY WAS RECOVERED 14 MONTHS LATER, ALL WHILE HIS WIFE WAS FACING

DEPORTATION. IMAGINE THE ANGUISH OF NOT KNOWING IF YOUR HUSBAND'S

BODY IS EVER GOING TO BE FOUND WHILE YOU STILL HAVE TO FIGHT FOR THE

ABILITY TO REMAIN IN THE COUNTRY YOU CALL HOME. THEIR STRUGGLE OPENED

THE DOOR FOR PAROLE IN PLACE, A RELIEF THAT ALLOWS SPOUSES, CHILDREN AND

PARENTS OF ACTIVE DUTY VETERANS WHO ENTER THE U.S. WITHOUT

AUTHORIZATION TO REMAIN IN THE COUNTRY WHILE THEY PURSUE THEIR GREEN

CARD. OUR PROGRAM WILL SECURE RESOURCES SO THAT OTHER MILITARY

IMMIGRANT FAMILIES NEVER HAVE TO FACE THIS AND CAN FIND THEIR PATH TO

CITIZENSHIP. I WANT TO THANK THE SPEAKER AND THE CHAIRS OF OUR

COMMITTEES, MY PARTNER IN THE SENATE, MY PARTNER ACROSS THE AISLE.

THANK YOU FOR YOUR COURAGE AND FOR BRINGING US A FANTASTIC PIECE OF

LEGISLATION TO MY DOORSTEP. AS YOU HEARD EARLIER, THIS IS CLOSE TO HIS

HEART AND YOUR COMMITMENT TO OUR NEW YORK VETERANS IS

IMMEASURABLE. I ALSO WANT TO THANK SERGEANT JIMENEZ'S MOTHER, MARIA

ROSARIO, HIS FATHER ANDY, HIS COUSIN REYNOLD AND HIS WIFE (INAUDIBLE)

FOR ALLOWING US TO HONOR HIS MEMORY.

(SPEAKING SPANISH)

AND WITH THAT, I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. CRUZ IN THE

AFFIRMATIVE.

(APPLAUSE)

MR. TAYLOR TO EXPLAIN HIS VOTE.

MR. TAYLOR: THANK YOU, MR. SPEAKER. I RISE TO

CONGRATULATE MY COLLEAGUES ON THIS PIECE OF LEGISLATION. AS A VETERAN

464

NYS ASSEMBLY JUNE 10, 2021

OF THIS COUNTRY AND AS A PASTOR, CLERGY THERE'S IS THIS TEXT IN SCRIPTURE

THAT SAYS THERE'S NO GREATER SACRIFICE, NO GREATER LOVE THAN FOR A MAN TO

LAY DOWN HIS LIFE FOR A FRIEND. AND FOR SERGEANT -- STAFF SERGEANT

JIMENEZ TO PLACE HIMSELF IN HARM'S WAY FOR THIS NATION, IT'S

UNCONSCIONABLE THAT HIS FAMILY WOULD HAVE TO EVEN REMOTELY

EXPERIENCE SOMETHING LIKE THIS. SO I WANT THE THANK HER AND ALL OF

THOSE THAT HAVE JOINED TO MAKE THIS A REALITY, THE SPEAKER AND SO MANY

MORE ACROSS THE AISLE THAT HAVE LOOKED AT THIS AND SAID THIS IS THE RIGHT

THING TO DO. NEARLY TWO DECADES AFTER THIS MAN HAS LOST HIS LIFE FOR OUR

COUNTRY, THE MOST UNIMAGINABLE THING WAS HAPPENING.

SO HATS OFF, CONGRATULATIONS TO MY COLLEAGUES AND

STAFF SERGEANT JIMENEZ. YOU WILL ALWAYS BE REMEMBERED. THANK YOU

SO MUCH. GOD BLESS. I'LL BE VOTING --

ACTING SPEAKER AUBRY: MR. TAYLOR IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05095, RULES REPORT

NO. 758, REILLY, CUSICK, FALL, TANNOUSIS. AN ACT DIRECTING THE PORT

AUTHORITY OF NEW YORK'S -- OF NEW YORK TO STUDY THE ALIGNMENT OF THE

OUTERBRIDGE CROSSING, IN ORDER TO WIDEN THE BRIDGE AND INCREASE THE

FLOW OF TRAFFIC.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

REILLY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

465

NYS ASSEMBLY JUNE 10, 2021

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4981. 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. A05156, RULES REPORT

NO. 759, BENEDETTO, L. ROSENTHAL, STIRPE, GUNTHER, ABBATE,

SANTABARBARA, DE LA ROSA, SAYEGH, CRUZ, ZEBROWSKI, GALEF,

CYMBROWITZ, LUPARDO, DINOWITZ, BRAUNSTEIN, WALCZYK, NORRIS,

SMULLEN, MONTESANO, MCDONOUGH, TAGUE, DESTEFANO, SCHMITT,

BRABENEC, PAULIN, MORINELLO, RA, SALKA, SIMON, MAGNARELLI, M. MILLER,

FERNANDEZ, AUBRY, JACKSON, SIMPSON, DURSO. AN ACT TO AMEND THE

STATE LAW, IN RELATION TO DESIGNATING BASEBALL AS TE OFFICIAL SPORT OF THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BENEDETTO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

466

NYS ASSEMBLY JUNE 10, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 5363. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. WHILE I CERTAINLY

ENJOY BASEBALL AND MY CHIEF OF STAFF UP HERE IN ALBANY'S SON ACTUALLY

IS A PITCHER FOR CINCINNATI, MY FAMILY ALSO HAS AN AFFECTION FOR FOOTBALL

AND I DON'T THINK WE SHOULD FORGET THAT.

(LAUGHTER)

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. MANY PEOPLE

KNOW THAT I'M A -- I'M A BIG BASEBALL FAN. I THINK I MAY BE THE ONLY ONE

IN THE LOB OR CAPITOL WHO HAS A SEAT FOR THE STADIUM IN MY -- IN MY

OFFICE. MY OFFICE RIGHT UPSTAIRS I HAVE TWO SEATS FROM SHEA STADIUM.

SO I'M A COSPONSOR OF THIS BILL, I'M CERTAINLY GOING TO BE VOTING FOR IT.

BUT I'M GOING TO ASK THAT THE GOVERNOR INSIST ON A CHAPTER AMENDMENT

THAT REQUIRES THAT THE TEAM PLAY IN QUEENS ALWAYS LET THE PITCHER HIT AND

NEVER HAVE A DH IN THE NATIONAL LEAGUE.

I CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.

(LAUGHTER)

ACTING SPEAKER AUBRY: MR. RA IN THE

467

NYS ASSEMBLY JUNE 10, 2021

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED. PLAY BALL.

THE CLERK: ASSEMBLY NO. A05338, RULES REPORT

NO. 760, J.M. GIGLIO. AN ACT TO AMEND CHAPTER 264 OF THE LAWS OF

1981, RELATING TO AUTHORIZING THE SALE OF CERTAIN LANDS IN THE TOWNS OF

CUBA, ALLEGANY COUNTY AND ISCHUA, CATTARAUGUS COUNTY, AND THE STATE

FINANCE LAW, IN RELATION TO THE SALE OF CERTAIN LANDS IN THE TOWNS OF

CUBA, ALLEGANY COUNTY AND ISCHUA, CATTARAUGUS COUNTY, AND THE

DISBURSEMENT OF MONIES FROM THE CUBA LAKE MANAGEMENT FUND.

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 5338. 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. A06073-A, RULES

REPORT NO. 761, PERRY, TAYLOR, HYNDMAN, ZINERMAN, WALKER,

PICHARDO, VANEL, RICHARDSON, HEVESI. AN ACT TO AMEND THE REAL

468

NYS ASSEMBLY JUNE 10, 2021

PROPERTY TAX LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW

YORK, IN RELATION TO PROVIDING THAT A CERTAIN TIME LIMIT FOR PURPOSES OF

QUALIFYING FOR A TAX ABATEMENT SHALL NOT APPLY TO CERTAIN BRAND-NEW

FROM-THE-GROUND-UP CONSTRUCTION SITED ON PROPERTY PURCHASED FROM THE

CITY OF NEW YORK.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

PERRY, 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 5882-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.)

MRS. PEOPLES-STOKES.

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

PLEASE COUNT OUR COLLEAGUE MRS. GALEF 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. A06362-A, RULES

REPORT NO. 762, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN

RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM IN

469

NYS ASSEMBLY JUNE 10, 2021

WYOMING COUNTY AS THE "CPL GERALD B. RAMSEY MEMORIAL

HIGHWAY."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

DIPIETRO, 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 6546-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. A06377, RULES REPORT

NO. 763, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "SGT. DANIEL

J. MURTHA MEMORIAL BRIDGE."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

DIPIETRO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

470

NYS ASSEMBLY JUNE 10, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6547. 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. A06457, RULES REPORT

NO. 764, ABBATE, DURSO, JONES, LUPARDO, HEVESI, WOERNER, SOLAGES,

ABINANTI, LAVINE, RAMOS, ENGLEBRIGHT, GRIFFIN, WALLACE, DESTEFANO,

SANTABARBARA, SIMON. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO ESTABLISHING A 20-YEAR RETIREMENT PLAN FOR

MEMBERS OF 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 ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4523. 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

471

NYS ASSEMBLY JUNE 10, 2021

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. A06634, RULES REPORT

NO. 765, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY

LAW, IN RELATION TO ELIGIBILITY FOR RETIREMENT BENEFITS FOR CERTAIN

MEMBERS OF THE UNIFIED COURT SYSTEM.

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 6634. 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. WILL YOU

PLEASE RECORD MR. FITZPATRICK AS A NO ON THIS BILL? 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. A06725, RULES REPORT

472

NYS ASSEMBLY JUNE 10, 2021

NO. 766, CAHILL. AN ACT TO AUTHORIZE THE COUNTY OF ULSTER TO OFFER AN

OPTIONAL 20-YEAR RETIREMENT PLAN TO CERTAIN DEPUTY SHERIFFS EMPLOYED

BY SUCH COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

CAHILL, 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 4343. 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. A07086, RULES REPORT

NO. 767, MCDONALD. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN

RELATION TO UPDATING CERTAIN REFERENCES WITH RESPECT TO THE TROY

INDUSTRIAL DEVELOPMENT AUTHORITY, ELIMINATING AN AUTOMATIC CORPORATE

TERMINATION CLAUSE WHEN ALL BONDS HAVE BEEN REPAID, ALLOWING THE TROY

INDUSTRIAL DEVELOPMENT AUTHORITY TO DEPOSIT AND MANAGE ITS OWN

FUNDS AND ACCOUNTS, ADDING CERTAIN RETAIL RESTRICTIONS AND MAKING

CERTAIN TECHNICAL CORRECTIONS.

473

NYS ASSEMBLY JUNE 10, 2021

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 7082. 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. A07221, RULES REPORT

NO. 768, ZEBROWSKI. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "ROCKLAND

COUNTY CLERK PAUL PIPERATO MEMORIAL HIGHWAY."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6221. THIS IS A FAST ROLL CALL. ANY

474

NYS ASSEMBLY JUNE 10, 2021

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07342, RULES REPORT

NO. 769, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY

LAW, IN RELATION TO DISABILITY RETIREMENT BENEFITS FOR SHERIFFS, DEPUTY

SHERIFFS, UNDERSHERIFFS AND CORRECTION OFFICERS IN NASSAU COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6710. 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.

475

NYS ASSEMBLY JUNE 10, 2021

THE CLERK: ASSEMBLY NO. A07356-A, RULES

REPORT NO. 770, WOERNER. AN ACT TO AMEND THE MENTAL HYGIENE LAW,

IN RELATION TO ESTABLISHING A PUBLIC AWARENESS CAMPAIGN TO COMBAT THE

STIGMA AND STEREOTYPING OF INDIVIDUALS WITH INTELLECTUAL AND

DEVELOPMENTAL DISABILITIES.

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 7356-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. A07582-A, RULES

REPORT NO. 771, HEVESI, THIELE, DAVILA, KELLES, LUPARDO. AN ACT TO

AMEND THE SOCIAL SERVICES LAW, IN RELATION TO CERTAIN FAMILIES' ACCESS

TO CHILD CARE ASSISTANCE.

ACTING SPEAKER AUBRY: THE -- ON A MOTION

BY MR. HEVESI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07590-A, RULES

476

NYS ASSEMBLY JUNE 10, 2021

REPORT NO. 772, BYRNE. AN ACT IN RELATION TO AUTHORIZING THE TOWN OF

YORKTOWN, COUNTY OF WESTCHESTER, TO ALIENATE AND DISCONTINUE THE USE

OF CERTAIN PARKLAND.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BYRNE, 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 6553-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.)

ACTING SPEAKER ROZIC: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER. COULD YOU PLEASE RECORD OUR COLLEAGUES MRS. BARRETT, MR.

DILAN, MS. LINDA ROSENTHAL, MR. COLTON, MR. ENGLEBRIGHT, MRS.

GUNTHER, MR. CAHILL, MS. WALKER, MS. SIMON, MR. CARROLL IN THE

NEGATIVE ON THIS ONE PLEASE? THANK YOU.

ACTING SPEAKER ROZIC: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07598, RULES REPORT

477

NYS ASSEMBLY JUNE 10, 2021

NO. 773, GOTTFRIED, DINOWITZ, COLTON, DICKENS, GUNTHER, CYMBROWITZ,

EPSTEIN, BARRON, MCDONALD, PAULIN, GRIFFIN, GALEF, STECK, ZEBROWSKI,

ZINERMAN, HUNTER, THIELE, BARRETT, FAHY, OTIS, EICHENSTEIN, SIMON,

JACOBSON, STERN, DAVILA JONES, D. ROSENTHAL. AN ACT TO AMEND THE

SOCIAL SERVICES LAW AND THE PUBLIC HEALTH LAW, IN RELATION TO

PROTECTING ACCESS TO PHARMACY SERVICES.

ACTING SPEAKER ROZIC: 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 ON THE 30TH

DAY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON S.6603. 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. A07611-A, RULES

REPORT NO. 774, KELLES, ENGLEBRIGHT, THIELE, SEPTIMO, BURDICK,

EPSTEIN, OTIS, GRIFFIN, GLICK, COLTON, GOTTFRIED. AN ACT TO AM