FRIDAY, JUNE 3, 2022 11:35 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF THURSDAY, JUNE THE 2ND.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
1
NYS ASSEMBLY JUNE 3, 2022
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF THURSDAY, JUNE THE
2ND AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. GOOD
MORNING, COLLEAGUES. THE LAST THE TIME WE SAW EACH OTHER WE WERE
SAYING GOOD MORNING AS WELL, BUT SOMETIMES IT HAPPENS THAT WAY. I DO
HAVE A QUOTE THAT I WOULD LIKE TO SHARE SINCE WE HAVE SOME YOUNG
SCHOLARS IN THE CHAMBERS WITH US TODAY, I THINK IT'S VERY APPROPRIATE.
THIS ONE IS FROM DR. MARTIN LUTHER KING AND IT SAYS, INTELLIGENCE PLUS
CHARACTER, THAT'S THE GOAL OF TRUE EDUCATION. SO WE TRY TO WORK ON IT IN
THE GREAT STATE OF NEW YORK AND I HOPE WE CAN SPEED UP THAT PROCESS A
LITTLE BIT, MR. SPEAKER.
COLLEAGUES SHOULD BE AWARE THAT YOU HAVE ON YOUR
DESK A MAIN CALENDAR AS WELL AS AN A-CALENDAR. WE ALSO HAVE A
DEBATE LIST. I WOULD NOW LIKE TO MOVE TO ADVANCE THE A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS. PEOPLES-
STOKES' MOTION THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. SO AFTER HOUSEKEEPING WE'RE GOING TO CONTINUE TO CONSENT
WHERE WE LEFT OFF ON YESTERDAY FROM THE MAIN CALENDAR BEGINNING WITH
PAGE 8, RULES REPORT NO. 632 BY MR. MCDONALD. AND WE'LL GO
STRAIGHT THROUGH TO RULES REPORT NO. 672. SO FROM 632 TO 672. WE
WILL THEN TAKE UP THE FOLLOWING THREE BILLS WHICH WILL GO DIRECTLY TO A
2
NYS ASSEMBLY JUNE 3, 2022
VOTE, MR. SPEAKER: RULES REPORT NO. 392 BY MR. MAGNAE, RULES
REPORT NO. 533 BY MS. FAHY, RULES REPORT NO. 563 BY MR.
MAGNARELLI. APPRECIATE FOLKS' PATIENCE AS WE TOLERATED EACH OTHER ON
YESTERDAY AND OUR OPINIONS. I'M GOING TO ASK FOR THAT SAME LEVEL OF
PATIENCE AND TOLERANCE TODAY SO THAT WE CAN MAYBE GET THROUGH HERE A
LITTLE QUICKER.
THAT'S PRETTY MUCH ALL I HAVE FOR YOU FOR NOW, MR.
SPEAKER AND COLLEAGUES. IF THERE'S ANYTHING ELSE THAT COMES UP I'LL BE
HAPPY TO MAKE FOLKS AWARE OF THAT. THAT'S THE GENERAL OUTLINE OF WHERE
WE ARE. IF YOU HAVE ANY INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE
A GREAT TIME.
ACTING SPEAKER AUBRY: ON THE
EUPHEMISTICALLY LAST DAY OF SESSION WE HAVE NO INTRODUCTIONS AND NO
HOUSEKEEPING, MRS. PEOPLES-STOKES. SO WE WILL MOVE DIRECTLY TO THE
BUSINESS.
PAGE 18, RULES REPORT NO. 632, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09993-A, RULES
REPORT NO. 632, MCDONALD. AN ACT AUTHORIZING THE CITY OF TROY TO
LEASE SUBSURFACE PARKLAND PROPERTY REFERRED TO AS THE RIVERFRONT PARK.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MCDONALD, 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
3
NYS ASSEMBLY JUNE 3, 2022
THE VOTE ON SENATE PRINT 9310. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR THE 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. A10020-A, RULES
REPORT NO. 633, JOYNER, BICHOTTE HERMELYN, REYES, SIMON, FALL,
CARROLL, MITAYNES, MAMDANI, GALLAGHER, GOTTFRIED, SEAWRIGHT, TAYLOR,
DINOWITZ, ANDERSON, COOK, CRUZ, ABBATE, LUCAS, CUSICK, CLARK,
L. ROSENTHAL. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
ESTABLISHING THE WAREHOUSE WORKER PROTECTION ACT.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
JOYNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10022, RULES REPORT
NO. 634, ABBATE, COLTON, CUSICK, BUTTENSCHON. AN ACT TO AMEND THE
RETIREMENT AND SOCIAL SECURITY LAW, THE EDUCATION LAW, THE PUBLIC
AUTHORITIES LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK, IN RELATION TO EXTENDING THE CORONAVIRUS DISEASE 2019
(COVID-19) BENEFIT FOR PUBIC EMPLOYEE DEATH BENEFITS; AND TO AMEND
CHAPTER 78 OF THE LAWS OF 2021 AMENDING THE RETIREMENT AND SOCIAL
SECURITY LAW AND OTHER LAWS RELATING TO ESTABLISHING A CORONAVIRUS
DISEASE 2019 (COVID-19) BENEFIT FOR PUBLIC EMPLOYEE DEATH BENEFITS,
4
NYS ASSEMBLY JUNE 3, 2022
IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10045-A, RULES
REPORT NO. 635, CLARK, MCDONALD, GONZÁLEZ-ROJAS, GALEF, BRONSON,
GUNTHER, ASHBY, SIMPSON, WOERNER, L. ROSENTHAL, SIMON. AN ACT TO
AMEND THE ELDER LAW, IN RELATION TO ANNUAL REPORTING REQUIREMENTS OF
THE STATE LONG-TERM CARE OMBUDSMAN.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CLARK, 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 8617-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. CLARK TO EXPLAIN HER VOTE.
MS. CLARK: JUST THOUGHT I'D KICK OFF THE DAY SINCE,
YOU KNOW, NO ONE'S EXPLAINED THEIR VOTE YET. BUT THIS BILL IS REALLY
IMPORTANT BECAUSE FOR THE FIRST TIME, WE'RE GOING TO BE ABLE TO HAVE A
YEARLY REPORT THAT AGGREGATES COMPLAINTS FOR OUR LONG-TERM CARE
FACILITIES BOTH BY FACILITY AND BY TYPE SO THAT WE CAN GET A REAL
5
NYS ASSEMBLY JUNE 3, 2022
UNDERSTANDING OF SOME OF THE ISSUES THAT WE KNOW ARE AFFECTING OUR
RESIDENTS AT LONG-TERM CARE FACILITIES AND MAKE SURE THAT WE'RE
ADDRESSING THEM AND TAKING BETTER CARE.
SO I'M REALLY EXCITED TO SEE THIS PASS, SO THANK
EVERYONE FOR THEIR SUPPORT. I AM IN THE AYE --
ACTING SPEAKER AUBRY: MS. CLARK IN THE
AFFIRMATIVE.
MS. CLARK: THAT'S THE WORD.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10106, RULES REPORT
NO. 636, LUNSFORD. AN ACT IN RELATION TO AUTHORIZING THE TOWN OF
WEBSTER, COUNTY OF MONROE, TO ALIENATE CERTAIN LANDS USED A PARKLAND
AND TO DEDICATE CERTAIN OTHER LANDS AS PARKLANDS FOR USE BY THE WEBSTER
CENTRAL SCHOOL DISTRICT.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
LUNSFORD, 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 8757. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
6
NYS ASSEMBLY JUNE 3, 2022
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. A10162-A, RULES
REPORT NO. 637, COMMITTEE ON RULES, GLICK, DICKENS. AN ACT TO
AMEND THE EDUCATION LAW, IN RELATION TO REQUIREMENTS FOR CERTAIN
CLINICAL LABORATORY PRACTITIONERS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GLICK, 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 AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7020-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. A10209-A, RULES
REPORT NO. 638, COMMITTEE ON RULES, LUNSFORD, SOLAGES, AUBRY,
7
NYS ASSEMBLY JUNE 3, 2022
CLARK. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO THE
DURATION OF CHILD CARE ASSISTANCE FOR ELIGIBLE FAMILIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
LUNSFORD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9029-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. A10234, RULES REPORT
NO. 639, COMMITTEE ON RULES, WEINSTEIN. AN ACT TO AMEND THE
GENERAL OBLIGATIONS LAW, IN RELATION TO PROVIDING CLARIFICATION FOR THE
CREATION OF VALID STATUTORY SHORT FORM AND OTHER POWERS OF ATTORNEY.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
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
8
NYS ASSEMBLY JUNE 3, 2022
THE VOTE ON SENATE PRINT 9209. 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. A10285-B, RULES
REPORT NO. 640, COMMITTEE ON RULES, DE LOS SANTOS. AN ACT
AUTHORIZING THE CITY OF NEW YORK TO DISCONTINUE THE USE OF [SIC]
PARKLAND OF A PORTION OF REAL PROPERTY IN THE COUNTY OF NEW YORK AND
TO GRANT EASEMENTS TO THE METROPOLITAN TRANSPORTATION AUTHORITY SO
THAT IT MAY MAKE HANDICAPPED ACCESSIBLE IMPROVEMENTS AND UPGRADES
TO THE NEW YORK CITY TRANSIT AUTHORITY 168 STREET TRANSIT STATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DE LOS SANTOS, 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 9068-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.
9
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10337-A, RULES
REPORT NO. 641, COMMITTEE ON RULES, LUNSFORD, J. RIVERA. AN ACT TO
AMEND THE GENERAL MUNICIPAL LAW, IN RELATION TO NEW SHARED SERVICES
ACTIONS IN AN APPROVED COUNTYWIDE SHARED SERVICES PROPERTY TAX
SAVINGS PLAN BEING ELIGIBLE FOR CERTAIN FUNDING.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
LUNSFORD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8887-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.)
ACTING SPEAKER AUBRY: THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10387-A, RULES
REPORT NO. 642, COMMITTEE ON RULES, RAJKUMAR, KIM, MAMDANI,
NIOU, BICHOTTE HERMELYN, DILAN, SOLAGES, ROZIC, PAULIN, WEPRIN,
LAVINE, ABINANTI, SAYEGH, PHEFFER AMATO, ANDERSON, JOYNER, LUCAS,
VANEL, WALLACE, MCMAHON, BENEDETTO, CRUZ, D. ROSENTHAL, REYES,
10
NYS ASSEMBLY JUNE 3, 2022
EICHENSTEIN, SEPTIMO, LUNSFORD, HEVESI, OTIS, STERN, L. ROSENTHAL,
CLARK, BARRETT, EPSTEIN, GLICK, BURGOS. AN ACT TO AMEND THE EXECUTIVE
LAW, IN RELATION TO ESTABLISHING THE NEW YORK ASIAN AMERICAN AND
PACIFIC ISLANDER COMMISSION.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
RAJKUMAR, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10426, RULES REPORT
NO. 643, COMMITTEE ON RULES, GLICK. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO CERTIFICATES OF RESIDENCE REQUIRED OF COMMUNITY
COLLEGE ENROLLEES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GLICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10443, RULES REPORT
NO. 646, COMMITTEE ON RULES, BENEDETTO. AN ACT TO AUTHORIZE THE
CITY OF NEW YORK TO DISCONTINUE A PORTION OF REAL PROPERTY IN THE
COUNTY OF THE BRONX AS PARKLAND AND TO GRANT EASEMENTS FOR
IMPROVEMENTS TO THE RAILROAD RIGHT-OF-WAY TO BRING METRO-NORTH
RAILROAD SERVICE TO FOUR NEW STATIONS IN THE BRONX AND TO PENNSYLVANIA
STATION IN THE COUNTY OF NEW YORK.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BENEDETTO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
11
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9120-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. A10449, RULES REPORT
NO. 647, COMMITTEE ON RULES, WALKER. AN ACT TO AUTHORIZE THE CITY OF
NEW YORK TO DISCONTINUE THE USE AS PARKLAND A PORTION OF REAL PROPERTY
IN THE BOROUGH OF BROOKLYN AND TO TRANSFER SUCH LANDS TO THE
METROPOLITAN TRANSPORTATION AUTHORITY TO ENABLE THE NEW YORK CITY
TRANSIT AUTHORITY TO CONSTRUCT IN SUCH AREAS NEW PERMANENT AT-GRADE
STATION IMPROVEMENTS AND PEDESTRIAN BRIDGES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WALKER, 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 9323-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.
12
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK RECORDED THE VOTE.)
MR. HEVESI.
MR. HEVESI: THANK YOU, MR. SPEAKER. PLEASE
RECORD OUR COLLEAGUE MR. DILAN IN THE NEGATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10453-A, RULES
REPORT NO. 648, COMMITTEE ON RULES, GALEF. AN ACT TO AMEND THE TAX
LAW, IN RELATION TO AUTHORIZING THE IMPOSITION OF AN OCCUPANCY TAX IN
THE VILLAGE OF BRIARCLIFF MANOR; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GALEF, 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 9059-A. THIS IS A FAST ROLL CALL. THIS -- THE --
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.
13
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU
PLEASE ON THIS PIECE OF LEGISLATION RECORD OUR COLLEAGUES MR. GALLAHAN
AND MR. MIKULIN IN THE NEGATIVE?
THANK YOU SO MUCH.
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
MR. HEVESI.
MR. HEVESI: THANK YOU, MR. SPEAKER. IF YOU
COULD ALSO RECORD OUR COLLEAGUES MEMBERS BURKE, RAMOS, BARRETT,
BARNWELL, MCMAHON AND CONRAD IN THE NEGATIVE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10454, RULES REPORT
NO. 649, COMMITTEE ON RULES, GLICK, SIMON, PEOPLES-STOKES. AN ACT
TO AMEND THE EDUCATION LAW, IN RELATION TO REQUIREMENTS FOR LICENSURE
AND CERTIFICATION OF APPLIED BEHAVIOR ANALYSTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GLICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
14
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9402. 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. A10457-A, RULES
REPORT NO. 650, COMMITTEE ON RULES, SEPTIMO. AN ACT TO AMEND THE
LABOR LAW, IN RELATION TO DIRECTING THE NEW YORK STATE PUBLIC
RELATIONS BOARD TO ESTABLISH AND PROMULGATE RULES AUTHORIZING AN
ELECTRONIC FILING PROGRAM TO PROVIDE INFORMATIVE MATERIALS FOR
EMPLOYEES AND EMPLOYERS ON ITS WEBSITE.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SEPTIMO, 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 9403-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.)
15
NYS ASSEMBLY JUNE 3, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10472, RULES REPORT
NO. 651, COMMITTEE ON RULES, GLICK. AN ACT TO AMEND THE ALCOHOLIC
BEVERAGE CONTROL LAW, IN RELATION TO LICENSING RESTRICTIONS FOR
MANUFACTURERS AND WHOLESALERS OF ALCOHOLIC BEVERAGES ON LICENSEES
WHO SELL AT RETAIL FOR ON-PREMISES CONSUMPTION; AND PROVIDING FOR THE
REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GLICK, 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 9093. 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. A10475, RULES REPORT
NO. 652, COMMITTEE ON RULES, NIOU. AN ACT TO REQUIRE THE
SUPERINTENDENT OF FINANCIAL SERVICES TO REFER THE DRUG INSULIN TO THE
16
NYS ASSEMBLY JUNE 3, 2022
DRUG ACCOUNTABILITY BOARD FOR EXAMINATION RELATED TO PRICE INCREASES
AND CONSUMER IMPACTS.
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 10475. 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. A10477, RULES REPORT
NO. 653, COMMITTEE ON RULES, JOYNER. AN ACT TO AMEND THE LABOR
LAW, IN RELATION TO REQUIRING EMPLOYERS TO DISCLOSE COMPENSATION OR
RANGE OF COMPENSATION TO APPLICANTS AND EMPLOYEES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
JOYNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10482, RULES REPORT
NO. 654, COMMITTEE ON RULES, ZEBROWSKI. AN ACT TO AMEND THE
PUBLIC AUTHORITIES LAW, IN RELATION TO EXPANDING THE ROCKLAND COUNTY
SOLID WASTE AUTHORITY'S PURPOSES, POWERS AND RESPONSIBILITIES TO
INCLUDE PROVIDING ANIMAL MANAGEMENT SERVICES THROUGH A
17
NYS ASSEMBLY JUNE 3, 2022
WHOLLY-OWNED SUBSIDIARY; AND TO AMEND THE AGRICULTURE AND MARKETS
LAW, IN RELATION TO PUBLIC AUTHORITIES PROVIDING SHELTER SERVICES FOR THE
CARE OF UNWANTED ANIMALS.
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 9434. 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 PHEFFER AMATO: ARE THERE
ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10483, RULES REPORT
NO. 655, COMMITTEE ON RULES, ANDERSON. AN ACT RELATING TO ASSESSING
THE STAFFING AND OTHER ISSUES CAUSING THE CONTINUED DISPLACEMENT OF
INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES FROM VARIOUS
STATE-OPERATED INSTITUTIONS UNDER THE JURISDICTION OF THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES.
ACTING SPEAKER PHEFFER AMATO: ON A
MOTION BY MR. ANDERSON, THE SENATE BILL IS BEFORE THE HOUSE. THE
18
NYS ASSEMBLY JUNE 3, 2022
SENATE BILL IS ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10484, RULES REPORT
NO. 656, COMMITTEE ON RULES, CUSICK, GUNTHER. AN ACT TO AMEND THE
PUBLIC SERVICE LAW AND THE LABOR LAW, IN RELATION TO PROVIDING NET
REVENUES FROM UTILITY-OWNED LARGE-SCALE RENEWABLE GENERATION PROJECTS
TO LOW-INCOME CUSTOMERS AND AUTHORIZES UTILITY COMPANIES TO OWN
SUCH PROJECTS.
ACTING SPEAKER PHEFFER AMATO: THE BILL
IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10486-A, RULES
REPORT NO. 657, COMMITTEE ON RULES, WEINSTEIN. AN ACT TO AMEND
CHAPTER 53 OF THE LAWS OF 2022, ENACTING THE AID TO LOCALITIES
BUDGET, IN RELATION TO AN INCREASE IN THE FEDERAL POVERTY LEVEL FOR
PURPOSES OF THE CHILD CARE PROGRAM.
ACTING SPEAKER PHEFFER AMATO: ON A
MOTION BY MS. WEINSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE
SENATE BILL IS ADVANCED. GOVERNOR'S MESSAGE IS AT THE DESK. THE CLERK
WILL READ.
THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE.
KATHY HOCHUL, GOVERNOR.
ACTING SPEAKER PHEFFER AMATO: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PHEFFER AMATO: THE
CLERK -- THE CLERK WILL RECORD THE VOTE ON SENATE BILL 9464-A. THIS IS
19
NYS ASSEMBLY JUNE 3, 2022
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. A10489, RULES REPORT
NO. 659, COMMITTEE ON RULES, ABBATE. AN ACT TO AMEND THE CIVIL
SERVICE LAW, IN RELATION TO COMPENSATION, BENEFITS AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT OF STATE OFFICERS AND EMPLOYEES WHO ARE THE
MEMBERS OF THE SECURITY SUPERVISORS UNIT; TO AMEND THE STATE FINANCE
LAW, IN RELATION TO THE EMPLOYEE BENEFIT FUND FOR ALL MEMBERS OF THE
SECURITY SUPERVISORS UNIT; TO AMEND THE CIVIL SERVICE LAW, IN RELATION
TO INCREASES IN SALARY PAYABLE TO CERTAIN OFFICERS AND EMPLOYEES; TO
AUTHORIZE FUNDING OF JOINT LABOR-MANAGEMENT COMMITTEES; TO
IMPLEMENT AN AGREEMENT BETWEEN THE STATE AND THE EMPLOYEE
ORGANIZATION REPRESENTING THE MEMBERS OF THE SECURITY SUPERVISORS
UNIT; TO REPEAL CERTAIN PROVISIONS OF THE CIVIL SERVICE LAW RELATING
THERETO; AND MAKING AN APPROPRIATION FOR THE PURPOSE OF EFFECTUATING
CERTAIN PROVISIONS THEREOF.
ACTING SPEAKER PHEFFER AMATO: ON A
MOTION BY MR. ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE
SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
20
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PHEFFER AMATO: THE
CLERK WILL RECORD THE VOTE ON SENATE BILL 9463. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10490, RULES REPORT
NO. 660, COMMITTEE ON RULES, ROZIC. AN ACT TO AMEND CHAPTER 667
OF THE LAWS OF 2021 AMENDING THE GENERAL BUSINESS LAW RELATING TO
ESTABLISHING A SET GRACE PERIOD FOR THE USE OF CREDIT CARD REWARD POINTS,
IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: 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 AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9121. 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.
21
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10492, RULES REPORT
NO. 661, COMMITTEE ON RULES, REYES. AN ACT TO AMEND THE LABOR
LAW, IN RELATION TO EMPLOYER VIOLATIONS OF CERTAIN PROVISIONS ALLOWING
FOR WORKPLACE SAFETY COMMITTEES.
ACTING SPEAKER AUBRY: ON A MOTION BY
REYES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10493, RULES REPORT
NO. 662, COMMITTEE ON RULES, JOYNER, L. ROSENTHAL, PAULIN, SIMON,
BURKE, WALLACE, MCMAHON, STIRPE, ABINANTI, CLARK. AN ACT TO AMEND
THE PUBLIC SERVICE LAW, THE TRANSPORTATION CORPORATIONS LAW, THE
LABOR LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THERMAL
ENERGY NETWORKS.
ACTING SPEAKER AUBRY: ON A MOTION -- ON A
MOTION BY MS. JOYNER, 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
22
NYS ASSEMBLY JUNE 3, 2022
THE VOTE ON SENATE PRINT 9422. 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.
BUT FIRST, MR. GOODELL, WE ARE GOING TO ASK YOUR
COLLEAGUES TO KIND OF DISBAND IN THE BACK. GO OUTSIDE THE CHAMBER IF
THEY WANTED TO HAVE A CHAT. LISTEN TO YOUR LEADER, GENTLEMEN.
MR. GOODELL, GO AHEAD.
MR. GOODELL: THANK YOU, MR. SPEAKER, JUST TO
EXPLAIN MY VOTE. THIS BILL CALLS -- HAS A MANDATE ON THE TOP SEVEN
LARGEST GAS ELECTRIC UTILITY COMPANIES TO CREATE PILOT PROGRAMS TO CREATE
A UTILITY THERMAL ENERGY NETWORK, AND BASICALLY WHAT THEY DO IS THEY
USE ENERGY FROM THE UTILITY TO CREATE WATER IN A CENTRALIZED BOILER AND
THEN THEY TRANSPORT IT TO A NETWORK OF BUSINESSES OR INDUSTRIES THAT ARE
NEARBY. AND SO THE THEORY IS THAT IT'S MORE EFFICIENT TO HAVE ONE BOILER
RATHER THAN TO HAVE SEPARATE BOILERS. I HAVE CONCERNS WITH THIS BECAUSE
THE FACT THAT IT MANDATES THESE UTILITY COMPANIES TO PROCEED WITH THIS
WITHOUT REALLY ANY COST BENEFIT. IF YOU MANDATE FIRST AND THEN ASK FOR
THE COST BENEFIT LATER, I THINK YOU'VE GOT THE PROCESS BACKWARDS. I
WOULD POINT OUT THE CITY OF JAMESTOWN, WHICH HAS ITS OWN UTILITY
SYSTEM, IMPLEMENTED A DISTRICT HEAT SYSTEM AND WHAT THEY DID IS THEY
TOOK THE WASTEWATER FROM THEIR ELECTRIC GENERATING PLANT AND RAN IT
THROUGH PIPING THROUGHOUT ALL OF DOWNTOWN AND ALL THE COMMERCIAL
BUILDINGS COULD SIGN UP AND THEY COULD SHUT DOWN THEIR OWN BOILERS
23
NYS ASSEMBLY JUNE 3, 2022
AND USE THE WASTE FEE FROM THE POWER PLANT. AND THE SYSTEM WORKED
GREAT FOR MANY YEARS, ALTHOUGH THE COST OF CONSTRUCTION, AS YOU CAN
IMAGINE, WAS HUGE. THE COST OF CONSTRUCTION IS HUGE BECAUSE YOU'RE
RUNNING LARGE INSULATED PIPING WHICH MEANS THEY HAD TO DIG UP ALL THE
ROADS, ALL THE SIDEWALKS. YOU HAVE TO RUN THE INSULATED PIPES BETWEEN
ALL THE GAS LINES AND THE BURIED ELECTRIC LINES AND ALL THE OTHER LINES. SO
THE UPFRONT COST IS HUGE. NOW, IT MADE FINANCIAL SENSE IN THE CITY OF
JAMESTOWN BECAUSE THEY WERE RUNNING A UTILITY PLANT. AND SO THEY
USED THE WASTEWATER. SO IT'S A FREEWAY FOR THEM TO GET RID OF THAT
EXCESS HEAT THAT THEY HAD TO GET RID OF ANYWAY. BUT WHEN THE MARKET
CHANGED AND THEY SHUT DOWN THEIR COAL PLANT AND THEY WENT WITH A
NATURAL GAS PLANT THAT OPERATES ON AN INTERMITTENT BASIS, THEY NO LONGER
HAD THE CAPACITY TO USE WASTE ENERGY. AND AT THAT POINT THEY HAD TO
CONSTRUCT A BOILER TO OPERATE JUST THE HEATING SYSTEM, WHICH IS EXACTLY
WHAT THIS BILL CALLS FOR. AND THEY PROMPTLY FOUND OUT IT WAS NOT COST
EFFECTIVE EVEN AFTER THEY PAID FOR ALL THE UPFRONT INSULATION COSTS.
SO I LIKE THE CONCEPT, BUT THE CONCEPT NEEDS TO BE
DRIVEN BY REASONABLE ECONOMICS OR IT'LL BE A COLOSSAL WASTE OF MONEY.
AND SO THIS IS A MANDATE BEFORE THE COST BENEFIT SIDE. THAT'S NOT AN
APPROACH I CAN SUPPORT ALTHOUGH THE CONCEPT HAS MERIT. BUT YOU NEED
TO DO THE COST BENEFIT BEFORE WE MANDATE IT. THANK YOU.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
24
NYS ASSEMBLY JUNE 3, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10494-A, RULES
REPORT NO. 663, COMMITTEE ON RULES, CYMBROWITZ. AN ACT
ESTABLISHING THE SPECIAL JOINT LEGISLATIVE COMMISSION ON AFFORDABLE
HOUSING; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CYMBROWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9462. 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 --
(PAUSE)
MR. HEVESI.
MR. HEVESI: THANK YOU, MR. SPEAKER. IF YOU
COULD PLEASE RECORD OUR COLLEAGUES MEMBERS FORREST AND GALLAGHER IN
THE NEGATIVE. AND ALSO MITAYNES.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
25
NYS ASSEMBLY JUNE 3, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10500, RULES REPORT
NO. 665, COMMITTEE ON RULES, O'DONNELL. AN ACT TO AMEND THE ARTS
AND CULTURAL AFFAIRS LAW, IN RELATION TO INSTITUTING CIVIL PENALTIES FOR
UTILIZING TICKET PURCHASING SOFTWARE (PART A); TO AMEND THE ARTS AND
CULTURAL AFFAIRS LAW, IN RELATION TO REQUIRING TICKET PRICES TO BE
DISCLOSED PRIOR TO A CUSTOMER PURCHASING SUCH TICKET AND REQUIRING
SUCH PRICE TO REMAIN THE SAME DURING THE PURCHASE PROCESS (PART B); TO
AMEND THE ARTS AND CULTURAL AFFAIRS LAW, IN RELATION TO PROHIBITING THE
RESALE OF A TICKET IF SUCH TICKET WAS INITIALLY OFFERED TO THE PUBLIC AT NO
CHARGE (PART C); TO AMEND THE ARTS AND CULTURAL AFFAIRS LAW, IN
RELATION TO REQUIRING ONLINE RESALE MARKETPLACES TO CLEARLY AND
CONSPICUOUSLY DISCLOSE THE ESTABLISHED PRICE CHARGED BY THE OPERATOR
OF A PLACE OF ENTERTAINMENT THAT IS PRINTED OR ENDORSED ON THE FACE OF
EACH TICKET (PART D); TO AMEND THE ARTS AND CULTURAL AFFAIRS LAW, IN
RELATION TO ALLOWING REASONABLE AND ACTUAL COSTS TO BE CHARGED FOR THE
PHYSICAL DELIVERY OF CERTAIN TICKETS (PART E); AND 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 (PART F).
26
NYS ASSEMBLY JUNE 3, 2022
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 9461. 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. A10505, RULES REPORT
NO. 670, COMMITTEE ON RULES, LAVINE, WOERNER, GRIFFIN, MCDONALD.
AN ACT TO AMEND THE JUDICIARY LAW AND THE FAMILY COURT ACT, IN
RELATION TO EXPANDING THE NUMBER OF JUDGES IN CERTAIN JUDICIAL DISTRICTS
AND THE FAMILY COURT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LAVINE, 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 9466. THIS IS A FAST ROLL CALL. ANY MEMBER
27
NYS ASSEMBLY JUNE 3, 2022
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. I KNOW
THERE'S GREAT INTEREST, OBVIOUSLY, THE INCREASE IN THE NUMBER OF JUDGES
THROUGHOUT THESE JUDICIAL DISTRICTS, BUT SPECIFICALLY IN THE 9TH JUDICIAL
DISTRICT GOING FROM 31 TO 33 JUDGES. THE 9TH JUDICIAL DISTRICT INCLUDES
ALL OF WESTCHESTER COUNTY, ALL OF ROCKLAND, ALL OF ORANGE, ALL OF
PUTNAM AND ALL OF DUTCHESS. WESTCHESTER COUNTY ACCOUNTS FOR --
WESTCHESTER COUNTY ACCOUNTS FOR ROUGHLY 47 PERCENT OF THE POPULATION
OF THE 9TH JUDICIAL DISTRICT; HOWEVER, IT ACCOUNTS FOR OVER 70 PERCENT OF
THE JUDGES THAT ARE ELECTED WITHIN IT. I BELIEVE AS WE MOVE FORWARD
WITH LOOKING AT THESE JUDICIAL DISTRICTS, THERE NEEDS TO BE MORE
ATTENTION PAID TO THE PROCESS AND WHERE THESE JUDGES ARE BEING ELECTED
FROM. A FEW YEARS A NEW JUDICIAL DISTRICT WAS CREATED FOR THE BOROUGH
OF STATEN ISLAND SO THAT THEY COULD -- MR. SPEAKER, CAN --
ACTING SPEAKER AUBRY: YES, SIR. GENTLEMEN
IN THE BACK, I -- I KNOW -- WELL, STOP THE PICTURE, WAYNE. TELL THEM
THEY CAN'T TAKE THE PICTURE UNTIL THEIR OWN MEMBER IS SPEAKING.
MR. LAWLER: SO, A FEW YEARS AGO A NEW JUDICIAL
DISTRICT WAS CREATED FOR THE BOROUGH OF STATEN ISLAND TO ENSURE THAT
REPRESENTATIVES FROM STATEN ISLAND WERE BEING -- BEING ELECTED TO THE
SUPREME COURT. I THINK WE NEED TO LOOK AT THAT ACROSS THE STATE, BUT
SPECIFICALLY IN THE 9TH JD TO ENSURE THAT REPRESENTATIVES FROM
28
NYS ASSEMBLY JUNE 3, 2022
ROCKLAND, ORANGE, PUTNAM AND DUTCHESS ARE ALSO BEING ELECTED TO THE
SUPREME COURT IN THE 9TH JD. WESTCHESTER COUNTY, WHICH HAS A
POPULATION OF NEARLY A MILLION PEOPLE, HAS OVERWHELMED THE DISTRICT IN
TERMS OF SELECTING JUDICIAL CANDIDATES AND -- AND ELECTING THEM, AND I
THINK THERE NEEDS TO BE MORE DIVERSITY GEOGRAPHICALLY IN TERMS OF
ELECTIONS GOING FORWARD.
SO THAT IS SOMETHING THAT I HOPE MOVING FORWARD THIS
BODY WILL LOOK AT. THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. LAVINE [SIC] IN
THE AFFIRMATIVE.
MR. LAVINE TO EXPLAIN HIS VOTE.
MR. LAVINE: SO, THIS IS GOING TO PROVIDE FOR AN
ADDITIONAL 14 SUPREME COURT JUSTICES THROUGHOUT THE STATE OF NEW
YORK. AND IT'S IMPORTANT TO NOTE THAT THE MOST JUDGES THAT ANY JUDICIAL
DISTRICT IS GETTING IS TWO, AND TWO ARE GOING TO THE 9TH JUDICIAL DISTRICT.
IN ADDITION, THIS IS GOING TO PROVIDE FOR SEVEN NEW FAMILY COURT JUDGES
THROUGHOUT THE STATE OF NEW YORK. AND IT'S ALWAYS POSSIBLE, I SUPPOSE
TO SAY, WHEN A PIE IS GETTING CUT -- CUT UP THAT, OH, I WOULD LIKE A
LARGER PIECE. BUT THE 9TH IS GETTING AS LARGE A PIECE AS THERE IS. IN THE
DAYS AND YEARS TO COME WE WILL DO OUR BEST TO PROVIDE MORE JUSTICES.
BUT TO SUGGEST THAT ANY ONE JUDICIAL DISTRICT IS BEING DISCRIMINATED
AGAINST IS TRULY UNFAIR. I'M VERY HAPPY TO HAVE BEEN PART OF THIS
PROCESS. I'M HAPPY TO BE A PART OF A PROCESS THAT PROVIDES MORE JUDGES
BECAUSE WE ARE GOING TO NEED MORE JUDGES AS OUR COURTS RETURN TO FULL
SERVICE.
29
NYS ASSEMBLY JUNE 3, 2022
SO THIS IS A GREAT BILL. IT REQUIRED A TREMENDOUS
AMOUNT OF COLLABORATION, AND I WANT TO THANK EVERYONE WHO WAS
INVOLVED IN THAT COLLABORATION. THIS IS A GOOD THING. I'M VERY PLEASED
TO BE ABLE TO VOTE FOR THIS.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MS. WALSH ON THE BILL -- TO EXPLAIN HER VOTE. I'M
SORRY.
MS. WALSH: YES, THANK YOU. JUST -- I JUST WANT TO
THANK THE SPONSOR FOR BRINGING THE BILL FORWARD AND FOR HIS WORK AND
THE WORK OF MANY OTHERS, AS HE SAID, TO -- TO GET THIS DONE. THIS BILL IN
PART WILL ADD ANOTHER SUPREME COURT JUSTICE FOR THE 4TH JUDICIAL
DISTRICT, BUT EVEN MORE IMPORTANTLY TO ME, BECAUSE YOU KNOW THAT I
PRACTICE IN FAMILY COURT, IT'S GOING TO ALLOW FOR A THIRD FAMILY COURT
JUDGE IN SARATOGA COUNTY, AND BOY, DO WE NEED IT. IT -- WE -- THE -- THE
CASES THAT WE'VE GOT ARE JUST OVERWHELMING. AND ALTHOUGH THE TWO
FAMILY COURT JUDGES THAT WE HAVE RIGHT NOW ARE WORKING EXTREMELY
HARD, THIS IS GOING TO REALLY HELP A GREAT DEAL.
SO I JUST WANT TO SAY THAT I'M VERY HAPPY TO SUPPORT
THIS BILL AND I REALLY THANK THOSE WHO WORK TO MAKE IT HAPPEN. THANKS
AGAIN.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
AFFIRMATIVE.
MR. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER. I WANT TO
30
NYS ASSEMBLY JUNE 3, 2022
THANK CHAIR LAVINE FOR MOVING THIS ALONG, AS WELL AS THE SPEAKER FOR --
AND HIS VERY ABLE STAFF. THIS ADDS TWO SUPREME COURT JUSTICES TO THE
9TH JUDICIAL DISTRICT, SORELY NEEDED GIVEN THE GREAT WORKLOAD THAT WE
HAVE IN THE 9TH JUDICIAL DISTRICT.
SO I'M VERY GRATEFUL FOR THIS AND I WILL BE VOTING IN THE
AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10506, RULES REPORT
NO. 671, COMMITTEE ON RULES, WEINSTEIN. AN ACT TO AMEND THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO THE
EXCLUSION OF CERTAIN GRANTS AS TAXABLE INCOME FOR CERTAIN BUSINESS
TAXES, THE IMPOSITION OF THE BUSINESS CORPORATION TAX, THE CREDIT OF
CERTAIN OVERPAYMENTS OF TAX AGAINST OTHER TAXES OWED, AND THE
DISCLOSURE OF OWNERS OF LIMITED LIABILITY COMPANIES WITH RESPECT TO THE
REAL PROPERTY TRANSFER TAX; TO AMEND THE TAX LAW, IN RELATION TO A CITY
PASS-THROUGH ENTITY TAX; AND TO AMEND CHAPTER 59 OF THE LAWS OF 2022
RELATING TO A CITY PASS-THROUGH ENTITY TAX, IN RELATION TO THE CITY
PASS-THROUGH ENTITY TAX.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WEINSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
31
NYS ASSEMBLY JUNE 3, 2022
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9454. 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. A10508, RULES REPORT
NO. 672, COMMITTEE ON RULES, GLICK. AN ACT TO AMEND THE REAL
PROPERTY TAX LAW, IN RELATION TO AUTHORIZING TAX ABATEMENTS FOR CERTAIN
PROPERTIES CONTAINING DWELLING UNITS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GLICK, 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 9471. 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.
32
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
PAGE 15, RULES REPORT NO. 733, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10061-A, RULES
REPORT NO. 733, E. BROWN. AN ACT -- AN ACT AUTHORIZING THE
CONGREGATION BEIS MEDRASH OF LAWRENCE TO RECEIVE RETROACTIVE REAL
PROPERTY TAX EXEMPTION STATUS.
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 10061-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 8, RULES REPORT NO. 392 -- HOLD ON.
MR. BROWN, I GATHER YOU HAVE JUST PASSED THE FIRST BILL
AND WE ALMOST MISSED IT.
(APPLAUSE)
YOU'RE -- YOU'RE ALLOWED TO ACCEPT THE APPLAUSE, NOT TO
TALK.
PAGE 8, RULES REPORT NO. 392, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01338-C, RULES
33
NYS ASSEMBLY JUNE 3, 2022
REPORT NO. 392, MAGNARELLI, STECK, COOK, BRONSON, BARNWELL,
BURDICK, SEPTIMO, WALLACE, GRIFFIN, JEAN-PIERRE, DARLING, SOLAGES,
JACOBSON, EPSTEIN, COLTON, KELLES, J.D. RIVERA, LUPARDO, STERN, BURKE.
AN ACT TO AMEND THE LABOR LAW, IN RELATION TO ESTABLISHING A
REGISTRATION SYSTEM FOR CONTRACTORS AND SUBCONTRACTORS ENGAGED IN
PUBLIC WORK AND COVERED PROJECTS IN ORDER TO BETTER ENFORCE EXISTING
LABOR LAWS AND REGULATIONS IN THE PUBLIC WORKS INDUSTRY.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MAGNARELLI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5994-C. THIS IS A --
(PAUSE)
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, MR. SPEAKER. THIS BILL
REQUIRES CONTRACTORS THAT ARE ENGAGED IN PROJECTS WITH THE STATE TO BE
REGISTERED BEFORE THEY'RE GRANTED A CONTRACT. AND THE REGISTRATION
REQUIRES A NUMBER OF FACTORS INCLUDING, YOU KNOW, STRAIGHT BACKGROUND
INFORMATION ABOUT THE CONTRACTOR, YOU KNOW, INFORMATION ABOUT WHAT
34
NYS ASSEMBLY JUNE 3, 2022
THEIR MAKEUP IS, THE PRINCIPAL BUSINESS, THINGS OF THAT NATURE, AND THAT
GENERAL CONCEPT IS GREAT. BUT I DO HOPE THAT THIS BILL IS A LITTLE BIT
CLEANED UP BECAUSE ONE OF THE THINGS IT ASKS FOR IS THE NAME AND
ADDRESS OF EACH PERSON WITH A FINANCIAL INTEREST IN THE CONTRACTOR. AND
THAT'S WIDE OPEN. WHAT'S MEANT BY A FINANCIAL INTEREST? IT COULD BE
ANYTHING. IF YOU HAVE A LOAN, YOU OWN ONE PERCENT. YOU KNOW, YOU
WORK PART-TIME. AND SO THAT'S A WIDE OPEN REQUIREMENT THAT REALLY
NEEDS TO BE NARROWED, AND IT SHOULD BE NARROWED TO A FINANCIAL INTEREST
THAT'S A SUBSTANTIAL ONE OR A CONTROLLING INTEREST OR ABOVE FIVE PERCENT
IN SOME THRESHOLD. THE OTHER THING IS THAT THIS REQUIRES THE CONTRACTOR
TO BE REGISTERED BEFORE BIDDING, AND THERE'S A FEE, THERE'S A PROCESS AND
THERE'S TIME THAT'S INVOLVED, RATHER THAN ALLOWING THE CONTRACTOR TO
BECOME REGISTERED AFTER THE BID BUT BEFORE THE CONTRACT. AND IF YOU'RE
A CONTRACTOR JUST TRYING TO GET INTO THE BUSINESS, DOING THE EFFORT AND
THE TIME AND THE EXPENSE OF REGISTERING EVEN BEFORE YOU HAVE A SINGLE
CONTRACT IS A LITTLE BIT MORE ONEROUS PERHAPS THAN NECESSARY. AND SO AS
A STATE WE SHOULD CERTAINLY WANT AS MANY CONTRACTORS AS POSSIBLE
BIDDING ON OUR PROJECTS BECAUSE WE WANT THE HIGHEST LEVEL OF
COMPETITION, THE BEST PRICE AND THE BEST QUALIFIED. AND WE DON'T WANT
TO DISQUALIFY OR DISCOURAGE CONTRACTORS BY REQUIRING THEM TO NOTIFY US
OF THE NAME AND ADDRESS OF EVERY SINGLE PERSON THAT HAS A FINANCIAL
INTEREST IN THEM, AND REQUIRES THEM TO DO THAT EVEN IF THEY HAVE NOT YET
EVER BEEN AWARDED A CONTRACT BECAUSE THIS IS THEIR FIRST TIME IN BIDDING.
SO I OBVIOUSLY -- WE HAVE A LOT OF SUPPORT FOR THE
GENERAL CONCEPT, BUT I REALLY, REALLY THINK WE'VE GOT TO NARROW THE
35
NYS ASSEMBLY JUNE 3, 2022
SCOPE OF THIS DISCLOSURE AND MAKE IT MORE PRACTICAL SO THAT WE DON'T
LOSE CONTRACTORS. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL. MR. GOODELL IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 14, RULES REPORT NO. 533, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07006-B, RULES
REPORT NO. 533, FAHY, LUPARDO, MAGNARELLI, GLICK, GOTTFRIED,
BRONSON, L. ROSENTHAL, STECK, MCDONALD, DICKENS, REYES, SIMON,
GUNTHER, SEAWRIGHT, PHEFFER AMATO, NIOU, COLTON, GRIFFIN, FALL, GALEF,
ZINERMAN, BURKE, HUNTER, WOERNER, J. RIVERA, MAMDANI, JACKSON,
FORREST, THIELE, B. MILLER, CLARK, HEVESI, BLANKENBUSH, JEAN-PIERRE,
KIM, WALLACE, CARROLL, LUNSFORD, BURDICK, GALLAGHER, JACOBSON,
BURGOS, GIBBS, KELLES, GONZÁLEZ-ROJAS, ZEBROWSKI, ENGLEBRIGHT,
STERN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE
SALE OF DIGITAL ELECTRONIC EQUIPMENT AND PROVIDING DIAGNOSTIC AND
REPAIR INFORMATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
FAHY, 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 365TH
DAY.
ACTING SPEAKER AUBRY: THIS IS A FAST ROLL CALL.
36
NYS ASSEMBLY JUNE 3, 2022
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. MORINELLO TO EXPLAIN HIS VOTE.
MR. MORINELLO: THANK YOU. YESTERDAY ON THE
FLOOR ONE OF MY COLLEAGUES WHO SITS NEXT TO THE SERGEANT-AT-ARMS
MADE A COMMENT REGARDING SHOULD WE BE WORKING TOGETHER, WE WOULD
END UP HAVING BETTER BILLS IN A MORE EXPEDITED MANNER. I'D LIKE TO
CONGRATULATE THE SPONSOR ON THIS BILL. DURING THE CODES MEETING I
BROUGHT UP SEVERAL ISSUES WITH THE ORIGINAL BILL AND WHY IT WAS STALLED
AND WHAT THE OPPOSITION WAS. TO THE SPONSOR'S CREDIT, THE SPONSOR
REVIEWED THEM, WORKED ON IT, AMENDED THE BILL, EXCLUDED THOSE ISSUES
THAT WOULD HAVE PREVENTED IT. WE CAME TO A CONCLUSION AS TO WHAT THE
ULTIMATE GOAL WOULD BE, AND THAT RESULTED IN A BILL THAT HAS NOW PASSED,
IT'S UNANIMOUS, IT ACCOMPLISHES THE GOAL. I JUST WANTED TO BRING THAT
TOGETHER BECAUSE IN THE LAST COUPLE DAYS THERE'S BEEN SOME
CANTANKEROUS COMMENTS AND ACTIONS ON THIS FLOOR WHICH SHOULD NOT
HAPPEN. AND IT JUST SHOWS THAT IF INDIVIDUALS CAN WORK TOGETHER, WE
CAN GET THINGS DONE, WE COULD ALSO MOVE THE NEEDLE ON RELATIONSHIPS
AND THIS BODY CAN GO FORWARD.
THANK YOU VERY MUCH, SPONSOR. I DO APPRECIATE IT.
(APPLAUSE)
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. FAHY.
37
NYS ASSEMBLY JUNE 3, 2022
MS. FAHY: THANK YOU. YOU BEAT ME TO HITTING THE
BUTTON. MR. SPEAKER, I RISE TO SPEAK ON THE BILL. AND MAYBE I SAY THIS
EVERY YEAR, BUT THIS IS ABSOLUTELY ONE OF THE -- A BILL I'VE BEEN MOST
PROUD TO SUPPORT IN -- ONE OF THE TOP ONES I'VE SUPPORTED IN MY MANY
YEARS HERE. THIS BILL WILL BE THE FIRST, THE FIRST FAIR REPAIR LEGISLATION IN
THE COUNTRY. WE ARE LOOKING AT ENDING BIG CORPORATE MONOPOLIZATION
OF THE REPAIR INDUSTRY ON THESE DEVICES WE USE SO MUCH, THESE TABLETS,
THESE COMPUTERS. IT WILL SAVE HUNDREDS OF DOLLARS EVERY YEAR FOR EVERY
FAMILY. IT WILL GROW INDEPENDENT REPAIR SHOPS BY AN ESTIMATED 400
PERCENT, LIKE OUR OLD TV REPAIR SHOPS THAT WE USED TO HAVE ON OUR
CORNERS, AND -- AND INCREASE EMPLOYMENT AND ALSO ELIMINATE SO MUCH
E-WASTE THAT IS THE -- OR ELECTRONIC WASTE THAT IT'S THE EQUIVALENT OF
TAKING 655,000 TONS OF E-WASTE OFF THE -- SORRY, IT'S THE EQUIVALENT OF
TAKING 655,000 CARS OFF THE HIGHWAYS EACH YEAR. THERE ARE BENEFITS FOR
CONSUMERS, FOR THE ECONOMY AND FOR THE -- AND FOR THE ENVIRONMENT.
IT'S JUST A WIN-WIN-WIN. SO MANY PEOPLE HAVE HELPED ON THIS BILL, AND
-- AND YES, IT'S -- IT'S BEEN A PLEASURE TO WORK ON BOTH SIDES OF THE AISLE
WITH FOLKS TO GET THIS RIGHT, TO BREAK THROUGH WHAT HAS BEEN DECADES OF
WORK ON THE THIRD SPONSOR THAT I KNOW OF OF THIS BILL, INCLUDING THE
FORMER MAJORITY LEADER WHO IS NOW IN CONGRESS AND HAS A BILL IN
CONGRESS. SO THANK YOU TO THE RANKING MEMBER OF CODES. THANK
YOU FOR LISTENING, THANK YOU FOR HEARING AND WORKING WITH US TO GET A
BILL WE COULD GET THROUGH. THIS IS GOING TO BE, IN MY VIEW, LANDMARK
LEGISLATION THAT SHOULD BENEFIT EVERY CONSUMER THAT WE REPRESENT. AND
DEEPLY GRATEFUL AS WELL TO THE SPEAKER FOR HELPING TO GET THIS DONE THIS
38
NYS ASSEMBLY JUNE 3, 2022
YEAR.
SO IT'S -- WITH THAT, MR. SPEAKER, I VOTE IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. FAHY AND MR.
MORINELLO IN THE AFFIRMATIVE.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU
PLEASE RECORD ASSEMBLYMAN FRIEND, CHRIS FRIEND, AS A NO ON THIS -- ON
THIS BILL, PLEASE? THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(APPLAUSE)
PAGE 16, RULES REPORT NO. 564, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09456, RULES REPORT
NO. 564, MAGNARELLI, HUNTER. AN ACT TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO COMMUTER PASSES ON THE NEW YORK STATE THRUWAY
IN THE SYRACUSE AREA; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS
UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
ACTING SPEAKER AUBRY: ONE MINUTE.
(PAUSE)
READ THE LAST SECTION.
39
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9456. 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 BILL WOULD
REQUIRE THE THRUWAY AUTHORITY TO PROVIDE A PERMANENT AREA WHERE
PEOPLE COULD TRAVEL - I THINK IT'S FIVE EXITS IN THE SYRACUSE AREA -
WITHOUT HAVING TO PAY A DAILY PERMIT FEE OR A DAILY COMMUTER FEE. IT'S
A VERY POPULAR IDEA IN THE CITY OF SYRACUSE AREA, AND -- BUT THERE ARE
MANY CONCERNS THAT SUCH AN APPROACH MAY ACTUALLY VIOLATE THE
ENABLING LEGISLATION OF THE PUBLIC AUTHORITIES LAW AND THE THRUWAY
AUTHORITY AND MAY HAVE, THEREFORE, AFFECT THE BOND RATING. HOWEVER,
HOPEFULLY THOSE ISSUES CAN BE ADDRESSED. I SAW THE GOVERNOR VETOED
THIS ONE BEFORE AND THAT'S JUST AN AREA THAT WE NEED TO LOOK AT AS WE
MOVE FORWARD.
THANK YOU, SIR. I SUSPECT ALL MY SYRACUSE RESIDENTS
WILL BE DELIGHTED WITH THIS BILL AND OTHERS WOULD BE LESS ENTHUSIASTIC.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THIS IS A PARTY VOTE SINCE THE
MAJORITY OF THE REPUBLICAN CONFERENCE SAYS THEY LIVE IN SYRACUSE.
HOWEVER, THOSE WHO WISH TO SUPPORT IT ARE CERTAINLY ENCOURAGED TO
40
NYS ASSEMBLY JUNE 3, 2022
VOTE YES ON THE FLOOR OR BY CALLING THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE DEMOCRATIC CONFERENCE IS GOING TO BE IN FAVOR OF THIS
PIECE OF LEGISLATION; HOWEVER, THERE MAY BE A FEW OF OUR COLLEAGUES
THAT WOULD LIKE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT
THE MAJORITY LEADER'S OFFICE AND/OR THEY CAN PRESS THEIR BUTTON WHILE
THEY'RE IN CHAMBERS. BUT WE REALLY SHOULD BE SUPPORTING THIS ONE, MR.
SPEAKER.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
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. COLLEAGUES, IF WE CAN START ON OUR DEBATE LIST. WE'RE GOING
TO GO TO RULES REPORT NO. 212 BY MR. JACOBSON. FOLLOWED BY RULES
REPORT NO. 519 BY MR. DILAN, RULES REPORT NO. 544 BY MS. CRUZ AND
RULES REPORT NO. 563 BY MS. SOLAGES.
ACTING SPEAKER AUBRY: PAGE 5, RULES REPORT
NO. 212, THE CLERK WILL READ.
41
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: ASSEMBLY NO. A08822, RULES REPORT
NO. 212, JACOBSON. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
INCLUDING STEWART INTERNATIONAL AIRPORT IN THE DEFINITION OF COVERED
AIRPORT LOCATION FOR THE PURPOSES OF MINIMUM WAGE RATES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
JACOBSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6525. 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 15, RULES REPORT NO. 544, THE CLERK WILL READ.
THE CLERK: SENATE NO. S07199-A, RULES REPORT
NO. 544, SENATOR GOUNARDES (A08169-A, CRUZ, ANDERSON, SOLAGES,
JACKSON, SIMON, MAMDANI, FERNANDEZ, HEVESI, DINOWITZ, SEAWRIGHT,
SAYEGH, J.D. RIVERA, WILLIAMS, JOYNER, TAPIA, BURGOS, BARNWELL,
COLTON, GLICK, GONZÁLEZ-ROJAS, FORREST, RAMOS, AUBRY, J. RIVERA,
CARROLL, BURDICK, BICHOTTE HERMELYN, EPSTEIN, GALLAGHER, JACOBSON,
SEPTIMO, DE LOS SANTOS, KIM, JEAN-PIERRE, DICKENS, NIOU). AN ACT TO
42
NYS ASSEMBLY JUNE 3, 2022
AMEND THE INSURANCE LAW, IN RELATION TO CERTAIN PROHIBITED CONTRACT
PROVISIONS.
ACTING SPEAKER AUBRY: WELL, WE'RE GOING TO
HAVE AN EXPLANATION FOR THIS BILL. BUT WE WON'T BE ABLE TO HEAR THAT
UNTIL THEY QUIET DOWN, MS. CRUZ, BECAUSE YOU DESERVE ATTENTION.
MS. CRUZ: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: HOLD ON. SHH.
MS. CRUZ: THANK YOU, MR. SPEAKER. THIS BILL,
KNOWN AS THE HOSPITALITY EQUITY AND AFFORDABILITY LEGISLATION OR
HEAL ACT, AIMS TO IMPROVE THE MARKETPLACE ACCESS AND INCREASE
TRANSPARENCY OF HEALTH INSURANCE CONTRACTS BY BANNING ANTICOMPETITIVE
PROVISIONS. THE BILL AMENDS SECTION 3 -- 3217-B OF THE INSURANCE LAW
TO PROHIBIT INSURERS FROM ENTERING INTO CONTRACTS WITH CERTAIN
ANTICOMPETITIVE CLAUSES SUCH AS MOST MOST-FAVORED NATIONS
PROVISIONS. THE BILL WOULD ALSO ALLOW INSURERS TO DISCLOSE QUALITY
INFORMATION REGARDING NEGOTIATED RATES AND OTHER DISCOUNTS WITH
HEALTHCARE PROVIDERS. THIS BILL WOULD APPLY TO ALL HEALTH PLANS
NEGOTIATED BY INSURERS, HEALTH MAINTENANCE ORGANIZATIONS OR
THIRD-PARTIES WHO ADMINISTER HEALTH PLANS ON BEHALF -- ADMINISTER
HEALTH PLANS ON BEHALF OF ENTITIES SUCH AS HEALTH INSURANCE FUNDS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELDS FOR SOME QUESTIONS?
MS. CRUZ: CERTAINLY, MR. GOODELL.
ACTING SPEAKER AUBRY: MS. CRUZ YIELDS, SIR.
43
NYS ASSEMBLY JUNE 3, 2022
MR. GOODELL: I'M ALWAYS WORRIED THAT WAYNE IS
TALKING TO ME WHEN HE SAYS, QUIET, PLEASE. MS. CRUZ, THANK YOU FOR
THAT EXPLANATION. AS YOU KNOW, HEALTH INSURANCE PLANS NEGOTIATE
EXTENSIVELY WITH HOSPITALS AND HEALTHCARE PROVIDERS, AND THOSE
NEGOTIATIONS USUALLY RESULT IN CHARGES FROM THE HOSPITAL TO THAT
INSURANCE COMPANY OR THAT MANAGED CARE PROGRAM --
MS. CRUZ: MR. GOODELL, I'M GOING TO HAVE TO ASK
YOU TO GET CLOSER TO THE MIC. THERE'S A LITTLE BIT OF A -- THANK YOU.
MR. GOODELL: AS I WAS MENTIONING, THE INSURANCE
COMPANIES OFTEN ENGAGE IN EXTENSIVE NEGOTIATIONS WITH LOCAL HOSPITALS
AND HEALTHCARE PROVIDER OVER THE FEES. AND THEIR MISSION IS TO REDUCE
THOSE FEES AS MUCH AS POSSIBLE SO THAT THE HEALTH INSURANCE PREMIUMS
ARE AS LOW AS POSSIBLE. ONE OF THE TECHNIQUES THEY DO WHEN THEY'RE
NEGOTIATING, WHEN THEY'RE DONE WITH THE NEGOTIATIONS THEY SAY, AND ARE
THESE YOUR LOWEST RATES? HAVE WE NEGOTIATED THE LOWEST RATES SO THAT
OUR FAMILIES WHO ARE BUYING HEALTH INSURANCE, OR COMPANIES, WILL END
UP WITH A LOWEST INSURANCE COST? AND THAT'S WHAT THE MOST-FAVORED
NATIONS CLAUSE SAYS. IT SAYS THE NEGOTIATED RATE YOU AGREE TO CHARGE US
IS THE LOWEST RATE THAT YOU'RE CHARGING ANY SIMILAR ORGANIZATION. SO THE
HEALTH INSURANCE COMPANIES IN AN EFFORT TO KEEP OUR -- EVERYONE'S
PREMIUMS AS LOW AS POSSIBLE USE THAT TECHNIQUE. WHY SHOULD WE
OUTLAW THEIR EFFORTS TO KEEP INSURANCE PREMIUMS AS LOW AS POSSIBLE?
MS. CRUZ: THANK YOU, MR. GOODELL, FOR THE
QUESTION. WHEN YOU HEAR THE WORD "MOST-FAVORED NATION" YOU
ACTUALLY IMAGINE THAT IT'S A POSITIVE THING. AND WHAT HAS HAPPENED IN
44
NYS ASSEMBLY JUNE 3, 2022
PRACTICE IS THAT IT'S ACTUALLY RESULTED IN KIND OF A MONOPOLY IN CERTAIN
AREAS TO THE POINT THAT IN CALIFORNIA IN 2021 IT WAS ACTUALLY A HOSPITAL --
I'M SORRY, A SUPREME -- THE SUPERIOR COURT OF CALIFORNIA GRANTED $575
MILLION IN A SETTLEMENT TO -- BECAUSE SUTTER, WHICH IS A HOSPITAL, WAS
ENGAGING IN COMPETITIVE PRACTICES -- ANTICOMPETITIVE PRACTICES, USING
THIS MOST-FAVORED NATION NOTION. BECAUSE WHILE THE ALLEGATION OF THE
INTENT IS THAT IT'S SUPPOSED TO DO EXACTLY WHAT YOU'RE SAYING, IN PRACTICE
IT HAS RESULTED IN THE COMPLETE OPPOSITE.
MR. GOODELL: SO IN THE CALIFORNIA CASE, DO WE
HAVE ANY COMPARABLE LITIGATION IN NEW YORK?
MS. CRUZ: NOT YET.
MR. GOODELL: IN THE CALIFORNIA CASE, THE
JUDGMENT WAS IN FAVOR OF THE HEALTH INSURANCE COMPANY OR THE
HOSPITAL?
MS. CRUZ: IT WAS IN FAVOR OF... IT WAS IN FAVOR
ACTUALLY OF THE STATE. IT WAS BROUGHT BY THE ATTORNEY GENERAL. IT WAS
AGAINST THE HOSPITAL.
MR. GOODELL: IT WAS AGAINST THE HOSPITAL. RIGHT.
SO THE MOST-FAVORED NATION CLAUSE CAN WORK TWO WAYS, RIGHT? IF A
HOSPITAL IS BIG AND HAS TREMENDOUS NEGOTIATING POWER THEY CAN TURN
AROUND AND SAY TO THE INSURANCE COMPANY, YOU WON'T PAY ANY OTHER
HOSPITAL MORE THAN YOU'RE PAYING US, RIGHT? THAT'S WHAT THE CALIFORNIA
SITUATION WAS. IN NEW YORK WHERE THE INSURANCE COMPANIES CERTAINLY
UPSTATE ARE LARGER THAN THE HOSPITALS, IT'S THE OPPOSITE. THE INSURANCE
COMPANIES SAY TO THE HOSPITAL, YOU WON'T CHARGE US MORE THAN YOU'RE
45
NYS ASSEMBLY JUNE 3, 2022
CHARGING OTHER INSURANCE COMPANIES. SO IT'S THE SAME CONCEPT BUT IN
REVERSE. AND IN CALIFORNIA IT WAS HELD TO BE A MONOPOLY SITUATION
BECAUSE OF THE ECONOMIC POWER OF THE HOSPITAL. THAT'S NOT THE
SITUATION THAT WE HAVE IN NEW YORK WHERE WE HAVE A FAIRLY ROBUST
INSURANCE INDUSTRY, CORRECT?
MS. CRUZ: I WOULD -- I WOULD FIRST POINT THAT WHAT
WE'RE DOING IS ACTUALLY EXPANDING SOMETHING THAT'S ALREADY PROHIBITED
BY -- BY THE STATE. THESE KINDS OF MOST-FAVORED NATION CLAUSES ARE
ALREADY PROHIBITED BY THE DEPARTMENT OF HEALTH AND THE STATE OF NEW
YORK. PERHAPS THAT'S THE REASON WHY WE HAVEN'T SEEN A CASE OF THE SIZE
OF WHAT HAPPENED IN CALIFORNIA. AND -- AND AGAIN, I REITERATE, WHILE IT
MIGHT NOT BE SPECIFICALLY IN THE SAME MANNER THAT IT HAPPENED IN
CALIFORNIA, WHAT WE'RE SEEING IN PRACTICE IS HOSPITAL -- BIG HOSPITAL
ENTITIES TAKE ADVANTAGE OF A CLAUSE THAT, YOU ARE RIGHT, WAS MEANT TO
ACTUALLY CREATE A MORE ROBUST SYSTEM BUT HAS WORKED AGAINST THAT SAME
GOAL.
MR. GOODELL: THE OTHER THING THAT THIS BILL DOES
IS IT PROHIBITS PRESUMABLY EITHER PARTY, EITHER THE HOSPITAL OR THE
INSURANCE COMPANY, FROM DISCLOSING THE ACTUAL NEGOTIATED PRICE FOR
PARTICULAR PROCEDURES, CORRECT?
MS. CRUZ: HOLD THAT THOUGHT.
(PAUSE)
YES, THAT'S CORRECT.
MR. GOODELL: NOW, THE REASON, OF COURSE, THAT
SOMETIMES THE HOSPITAL AND SOMETIMES THE INSURANCE COMPANY WANT TO
46
NYS ASSEMBLY JUNE 3, 2022
KEEP THOSE PRICES CONFIDENTIAL IS BECAUSE THEY'RE IN COMPETITION WITH
OTHER INSURANCE COMPANIES, RIGHT? AND SO YOU DON'T WANT TO HAVE ONE
INSURANCE COMPANY NEGOTIATE A VERY COMPETITIVE RATE FOR THE CONSUMER
ONLY TO HAVE THAT PROPRIETARY INFORMATION SHARED WITH THEIR
COMPETITORS. ISN'T THAT WHY WE HAVE THAT CLAUSE?
MS. CRUZ: YES.
MR. GOODELL: WHAT IS THE PROBLEM WITH THAT
CLAUSE IF THE PURPOSE OF THE CLAUSE IS TO PROTECT THE PROPRIETARY
INFORMATION THAT AN INSURANCE COMPANY HAS NEGOTIATED?
MS. CRUZ: WELL, THE BILL -- AND I WANT TO MAKE SURE
THAT WE'RE BOTH ON THE SAME PAGE ABOUT WHAT IT DOES AND IT DOESN'T DO.
ONE OF THE THINGS THAT WE'RE -- WE'RE ASKING IS FOR IT TO REQUIRE ACTUAL --
DISCLOSURE OF THE ACTUAL PRICES. NOT NECESSARILY THE NEGOTIATED PRICES,
BUT THE ACTUAL PRICES THAT THEY WOULD CHARGE.
MR. GOODELL: RIGHT. AND SO THIS WOULD SAY THAT
YOU CAN'T KEEP THE, QUOTE, "ACTUAL CLAIM COST CONFIDENTIAL" AND OF
COURSE THE INSURANCE COMPANY AND SOMETIMES THE HOSPITAL WANT TO
KEEP THOSE ACTUAL COSTS CONFIDENTIAL IN ORDER TO -- IN ORDER TO PROTECT
PROPRIETARY INFORMATION AND TO MAINTAIN A COMPETITIVE ADVANTAGE,
CORRECT?
MS. CRUZ: WELL, YES, EXCEPT THAT IT HAS RESULTED IN
CONSUMERS NOT KNOWING WHAT THEY'RE ACTUALLY BEING CHARGED FOR AND
THAT'S WHAT WE'RE TRYING TO DO HERE.
MR. GOODELL: WELL, THE CONSUMERS GET THE BILL
FROM THE INSURANCE COMPANY OR IT'S TAKEN OUT OF THEIR WAGES LIKE YOU
47
NYS ASSEMBLY JUNE 3, 2022
AND I.
MS. CRUZ: WELL, THE PRICE IS PASSED DOWN, AND SO
THE CONSUMER SHOULD KNOW WHAT IT'S BEING PASSED DOWN FOR.
MR. GOODELL: I SEE. THANK YOU VERY MUCH FOR
YOUR COMMENTS.
SIR, ON THE BILL.
ACTING SPEAKER JONES: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I THINK THE STATE SHOULD BE
EXTREMELY RELUCTANT TO START OVERRIDING NEGOTIATED CONTRACTS BETWEEN
OUR INSURANCE COMPANIES AND OUR HOSPITALS AND OTHER HEALTHCARE
PROVIDERS. ALL OF OUR INSURANCE COMPANIES IN NEW YORK STATE,
THANKFULLY FOR THE CONSUMERS IN NEW YORK STATE, FACE A FAIRLY
COMPETITIVE SITUATION. WE KNOW HERE IN THE STATE OF NEW YORK, FOR
EXAMPLE, AS STATE EMPLOYEES WE HAVE DIFFERENT OPTIONS. AND SO WE
CAN LOOK EACH YEAR AND CHANGE OUR INSURANCE CARRIER TO GET THE BEST
PROGRAM FOR EACH OF US. IN ORDER FOR INSURANCE COMPANIES TO NEGOTIATE
ON OUR BEHALF TO KEEP OUR COSTS AS LOW AS POSSIBLE, THEY NEGOTIATE THE
COST OF PROCEDURES AND THEY NEGOTIATE WITH HOSPITALS AND HEALTHCARE
PROVIDERS THAT THE HEALTHCARE PROVIDERS AND HOSPITALS ARE GIVING THEM
THE BEST PRICE. THAT'S REALLY, REALLY IMPORTANT FOR CONSUMERS BECAUSE
THE COST ELASTICITY OF INSURANCE IS REALLY HIGH. AND WHAT THAT MEANS IS
A ONE PERCENT INCREASE IN THE COST OF HEALTH INSURANCE RESULTS IN A
SIGNIFICANT NUMBER OF PEOPLE NO LONGER BEING ABLE TO AFFORD IT. AND
SINCE ALL OF US HERE IN THE CHAMBER WANT AS MANY PEOPLE AS POSSIBLE TO
48
NYS ASSEMBLY JUNE 3, 2022
HAVE HEALTH INSURANCE, WE ALSO NEED TO RECOGNIZE THAT IT'S OUR
RESPONSIBILITY TO KEEP THOSE HEALTH INSURANCE COSTS AS LOW AS POSSIBLE.
AND FOR THAT REASON I WOULD RECOMMEND AGAINST THIS
BILL, ALTHOUGH I AGREE WITH THE SPONSOR. WE ALWAYS NEED TO KEEP AN
EYE OUT TO MAKE SURE THAT WE DON'T END UP WITH A MONOPOLY SITUATION
WHERE A SINGLE LARGE HEALTH PROVIDER CAN TAKE ADVANTAGE OF THEIR
POWER. IN -- IN THE CURRENT SITUATION, FORTUNATELY WE HAVE A VERY ROBUST
INSURANCE INDUSTRY AND THEY HAVE BEEN VERY EFFECTIVE IN NEGOTIATING AS
WELL AS THEY CAN TO KEEP OUR RATES LOWER AND THESE ARE TWO IMPORTANT
TOOLS IN PROTECTING CONSUMERS AND KEEPING RATES LOWER. AND FOR THAT
REASON, WHILE I CERTAINLY APPRECIATE THE SPONSOR'S CONCERN AND WE NEED
TO WATCH WHAT'S HAPPENING IN CALIFORNIA AND OTHER STATES, I DON'T THINK
THAT'S THE SITUATION HERE AND I, THEREFORE, DON'T THINK THIS LEGISLATION IS
WARRANTED AT THIS TIME.
THANK YOU, SIR.
ACTING SPEAKER JONES: MS. CRUZ.
MS. CRUZ: THANK YOU, MR. SPEAKER.
. ON THE BILL. UNLESS THERE'S OTHER QUESTIONS FROM OUR
COLLEAGUES. THANK YOU.
ACTING SPEAKER JONES: ON THE BILL.
MS. CRUZ: THANK YOU, MR. SPEAKER. THIS BILL,
KNOWN AS THE "HEAL ACT", AIMS TO IMPROVE THE MARKET ACCESS AND
INCREASE TRANSPARENCY OF HEALTH INSURANCE CONTRACTS BY BANNING CERTAIN
ANTICOMPETITIVE PROVISIONS. THE BILL IS GOING TO AMEND CERTAIN
SECTIONS OF THE INSURANCE LAW TO PROHIBIT INSURERS FROM ENTERING INTO
49
NYS ASSEMBLY JUNE 3, 2022
CONTRACTS WITH CERTAIN CLAUSES THAT HAVE RESULTED IN ACTUALLY A LARGER
COST TO THE CONSUMER. NOW, WOULD ANY OF YOU PAY A BILL THAT YOU DON'T
KNOW WHAT THE BILL IS FOR? THAT IS WHY WE NEED TRANSPARENCY. THAT IS
WHY WE NEED TO UNDERSTAND WHAT ARE THE ACTUAL COSTS THAT ARE BEING
PASSED DOWN TO THE PATIENTS? I WANTED TO REITERATE. OUR -- OUR
COLLEAGUES ON THE OTHER SIDE OFTEN TALK ABOUT HOW WE SHOULD HAVE
INPUT FROM ALL OF THE PARTIES INVOLVED. NOT ONLY DID WE TALK TO MANY OF
THE UNIONS, MANY OF -- OF THE PATIENTS, BUT WE ACTUALLY GOT INPUT FROM
VARIOUS HOSPITAL ASSOCIATIONS STATEWIDE AND WE HEARD AND WE AMENDED
THE BILL AND WE WORKED IT SO THAT IT DOES EXACTLY WHAT IT NEEDS TO DO;
CREATE TRANSPARENCY, SAVE PEOPLE MONEY AND MAKE SURE THAT THE
PATIENTS ARE PUT FIRST.
I -- I ALSO WANT TO THANK THE FOLKS WHO ON THE GROUND
WERE EXTREMELY HELPFUL IN MAKING SURE THAT THIS BILL CAME THROUGH.
MY COLLEAGUE ON THE OTHER -- ON -- ON THE SENATE SIDE, SENATOR
GOUNARDES, AS WELL AS 32BJ AND ITS PRESIDENT KYLE BRAGG FOR BRINGING
THIS BILL TO OUR ATTENTION. AND -- AND THE ENTIRE COALITION OF AFFORDABLE
HOSPITALS THAT HAVE WORKED SO HARD TO MAKE TODAY HAPPEN, INCLUDING
32BJ, DC 37, THE UFT, PEF, HOSPITAL -- HOTELS TRADES COUNCIL, PSC
CUNY, ACTORS EQUITY, AFM LOCAL 802 AND SO, SO MANY MORE,
INCLUDING DRW AND THE NEW YORK STATE COUNCIL OF CHURCHES, PATIENT
RIGHTS ADVOCATES. BUT ESPECIALLY THE MANY, MANY NEW YORKERS WHO
WE HEARD FROM THAT TALKED TO US ABOUT THEIR INABILITY TO ACCESS CERTAIN
HEALTHCARE AND HAVE TO CHOOSE BETWEEN TREATMENT BETWEEN HOSPITALS
AND THEN BE ABLE TO ACTUALLY CHOOSE THE BEST, BUT INSTEAD HAVING TO
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NYS ASSEMBLY JUNE 3, 2022
CHOOSE THE MOST AFFORDABLE ONE. IT IS BECAUSE OF THEM THAT WE'RE
PUSHING FORWARD THIS BILL AND I'M EXTREMELY THANKFUL THAT WE'RE HERE
TODAY AND I ASK THAT MY COLLEAGUES VOTE IN THE AFFIRMATIVE WHEN IT
COMES FOR A VOTE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER JONES: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,
2023.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON SENATE BILL 7199-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, TO EXPLAIN MY VOTE.
THIS -- THESE CLAUSES CAN BE VERY, VERY HELPFUL FOR INSURANCE
COMPANIES IN KEEPING THEIR COSTS LOWER. THAT'S WHY IT IS THE INSURANCE
COMPANIES THAT ARE USUALLY ASKING FOR THE MOST-FAVORED NATIONS
CLAUSE AND IT'S THE INSURANCE COMPANIES THAT ARE KEEPING PROPRIETARY
INFORMATION CONFIDENTIAL SO THAT THEY CAN ACTUALLY OFFER THE BEST PRICE
TO CONSUMERS. AND BECAUSE I THINK UNDER THE CURRENT MARKET
CONDITIONS THESE CLAUSES HELP CONSUMERS KEEP COSTS DOWN, I WILL BE
VOTING AGAINST IT. BUT CERTAINLY, IF THE MARKET CONDITION CHANGED WHERE
YOU HAVE A MONOPOLY IN AN AREA OF WHETHER IT'S THE HEALTHCARE PROVIDER
51
NYS ASSEMBLY JUNE 3, 2022
OR THE INSURANCE COMPANY, THEN I THINK WE SHOULD REEXAMINE THIS
ISSUE. BUT CERTAINLY IN WESTERN NEW YORK WHERE I -- I'M FROM, THESE
CLAUSES HELP CONSUMERS KEEP INSURANCE PRICES LOWER AND, THEREFORE, I
WILL BE VOTING NO.
THANK YOU, SIR.
ACTING SPEAKER JONES: MR. GOODELL IN THE
NEGATIVE.
MR. CAHILL TO EXPLAIN HIS VOTE.
MR. CAHILL: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. AS THE PREVIOUS SPEAKER JUST ALLUDED TO, SOMETIMES IT'S GOING
TO HELP THE HOSPITALS, SOMETIMES IT'S GOING TO HELP THE INSURERS. THIS
BILL THIS YEAR SEEMS TO BE AIMED TO AMELIORATE THE EFFECT OF
CONSOLIDATING HOSPITALS, MERGING HOSPITALS. BUT IN THE FUTURE WE MAY
BE FACING MERGING AND CONSOLIDATING INSURANCE COMPANIES WHO WILL BE
SEEKING TO IMPOSE THEIR STANDARDS ON A HOSPITAL SYSTEM THAT WOULD
DRIVE DOWN THEIR -- THEIR -- THE FEE THEY COULD CHARGE BELOW THAT WHICH
THEY COULD AFFORD. THE WINNER IN EACH CASE WILL BE THE CONSUMER.
PUTTING THIS REGULATION IN PLACE WILL HELP MAINTAIN THE MARKET LEVEL,
AND IN THE END CONSUMERS AND PATIENTS WIN AND THAT'S WHAT WE OUGHT TO
BE ALL ABOUT.
I REALLY DO APPLAUD THE SPONSOR FOR THE INTELLIGENT
APPROACH THAT SHE TOOK, THE PERSISTENCE THAT SHE SHOWED AND THE
BALANCE THAT SHE ACHIEVED, AND WITH THAT I WITHDRAW MY REQUEST AND
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER JONES: MR. CAHILL IN THE
52
NYS ASSEMBLY JUNE 3, 2022
AFFIRMATIVE.
MS. FERNANDEZ TO EXPLAIN HER VOTE.
MS. FERNANDEZ: THANK YOU, MR. SPEAKER. I JUST
WANTED TO STAND UP AND EXPRESS MY FULL SUPPORT OF THIS BILL AND TO
COMMEND THE SPONSOR FOR BRINGING IT FORWARD BECAUSE BOTTOM LINE, WE
NEED TO MAKE SURE ANYONE THAT IS SEEKING HEALTHCARE GETS THE
HEALTHCARE AND THIS BILL PROVIDES THAT PATHWAY, PROVIDES TRANSPARENCY
AND THUS MAKING OUR COMMUNITIES HEALTHIER AND SAFER.
SO THANK YOU SO MUCH. CONGRATULATIONS TO THE
SPONSOR AND TO ALL THOSE WHO ADVOCATED FOR THIS. THIS BILL WILL SAVE
LIVES.
ACTING SPEAKER JONES: MS. FERNANDEZ 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. 519, THE CLERK WILL READ.
THE CLERK: SENATE NO. S04738-A, RULES REPORT
NO. 519, SENATOR RAMOS (A02039-B, DILAN, HEVESI, D. ROSENTHAL,
COOK, ABINANTI, REYES, HYNDMAN, MCDONOUGH, WILLIAMS, GLICK,
FERNANDEZ, COLTON, HUNTER, DICKENS, TAYLOR, BRAUNSTEIN, SEAWRIGHT).
AN ACT TO AMEND THE LABOR LAW, IN RELATION TO MODULAR CONSTRUCTION
WORK.
ACTING SPEAKER JONES: AN EXPLANATION IS
REQUESTED, MR. DILAN.
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NYS ASSEMBLY JUNE 3, 2022
MR. DILAN: THANK YOU, MR. SPEAKER. THE PURPOSE
OF THIS BILL IS TO BRING MODULAR CONSTRUCTION OF BUILDINGS IN COMPLIANCE
WITH NEW YORK CITY BUILDING CODES.
ACTING SPEAKER JONES: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
ACTING SPEAKER JONES: WILL THE SPONSOR
YIELD?
MR. DILAN: CERTAINLY, MR. SPEAKER.
ACTING SPEAKER JONES: THE SPONSOR YIELDS.
MR. RA: THANK YOU. SO -- SO YOU SAID THE GOAL WAS
TO BRING THESE MODULAR UNITS (INAUDIBLE) IN NEW YORK CITY --
MR. DILAN: I'M SORRY, MR. RA. I CAN'T -- I CAN'T HEAR
YOU.
MR. RA: SORRY.
ACTING SPEAKER JONES: COULD WE JUST KEEP IT
DOWN A LITTLE BIT OUT THERE? WE ARE ON DEBATE AND WE NEED TO HEAR
WHAT THEY'RE SAYING, SO...
MR. RA.
MR. RA: THANK YOU. SO YOU EXPLAINED THE PURPOSE
OF THIS IN TERMS OF MAKING SURE, YOU KNOW, PEOPLE ARE IN COMPLIANCE
WITH -- WITH NEW YORK CITY BUILDING CODES, BUT I GUESS JUST FOR STARTERS
WHAT IS THE IMPETUS FOR THIS? BECAUSE I KNOW THERE ARE OBVIOUSLY
OPERATORS WHO -- WHO WOULD BE, YOU KNOW, INVOLVED IN -- IN THESE
TYPES OF BUILDING THAT PERHAPS MIGHT NOT BE ABLE TO IF THIS IS PASSED.
54
NYS ASSEMBLY JUNE 3, 2022
ARE -- IS THERE A LOT OF, YOU KNOW, ISSUES THAT HAVE GONE ON?
MR. DILAN: IT'S -- IT'S LARGELY SAFETY, MR. RA. AS --
AS PART OF MY BACKGROUND BEFORE YOU MET ME I WAS THE HOUSING
CHAIRMAN OF THE NEW YORK CITY COUNCIL. I WAS THE FIRST CHAIRPERSON
TO REVISE NEW YORK CITY'S BUILDING CODES FOR THE FIRST TIME SINCE 1969.
AND DURING THAT PROCESS WE SAW THAT THERE WAS A BOOM, OR ABOUT TO BE
A BEGINNING OF A BOOM OF MODULAR CONSTRUCTION IN NEW YORK CITY.
AND A CERTAIN DEVELOPER FOUND THAT MODULAR CONSTRUCTION DIDN'T HAVE
TO COMPLY WITH THE SAFETY STANDARDS OF THE CODE. WE TRIED TO NEGOTIATE
THAT MODULAR SHOULD BE INCLUDED WITH ALL ASPECTS OF NEW YORK CITY
BUILDING CODE AND HAVE THE SAME STANDARDS AS A REGULAR BUILDING THAT
WAS CONSTRUCTED ON SITE. BUT MODULAR ANYWHERE IN THE CITY OF NEW
YORK HAS NO CODE, AND WE THINK IT -- IT POSES SAFETY RISKS, POTENTIALLY.
MR. RA: NOW CURRENTLY, ANY CONSTRUCTION THAT I
GUESS WOULD GO THROUGH THE DEPARTMENT OF BUILDING WITHIN NEW YORK
CITY, IF -- IF IT'S MODULAR IT DOESN'T HAVE TO COMPLY WITH THE CODE?
MR. DILAN: SO THERE -- THERE IS NO CODE FOR
MODULAR, AND AT THAT TIME THE BLOOMBERG ADMINISTRATION, THEIR
BUILDINGS DEPARTMENT REALIZED THEY HAD A PROBLEM. THEY ISSUED A
BULLETIN WHICH GAVE GUIDELINES BUT THAT BULLETIN IS ADVISORY. THERE'S NO
PENALTIES FOR NOT FOLLOWING THEIR BULLETIN. OBVIOUSLY, MOST PEOPLE
FOLLOW IT BECAUSE THE BUILDINGS DEPARTMENT CAN MAKE A DEVELOPER'S
LIFE DIFFICULT IN SO MANY DIFFERENT WAYS. BUT THIS WOULD JUST MAKE IT
CLEAR THAT NO MATTER WHAT TYPE OF STRUCTURE YOU'RE BUILDING, YOU'RE
RESPONSIBLE FOR FOLLOWING ALL ASPECTS OF NEW YORK CITY BUILDING CODE.
55
NYS ASSEMBLY JUNE 3, 2022
MR. RA: OKAY. SO -- SO THEN RIGHT NOW YOU'RE
SAYING THERE -- THERE'S A BULLETIN TO BE FOLLOWED. SO SAY SOMEBODY'S
BUILDING MODULAR, RIGHT, AND -- AND, YOU KNOW, THERE'S SOME TYPE OF
SAFETY VIOLATION OR ANYTHING LIKE THAT. THERE'S NO -- THERE'S NO
ENFORCEMENT, IT'S BASICALLY A GUIDELINE, WOULD YOU SAY, RATHER THAN AN
ACTUAL CODE THAT NEEDS TO BE FOLLOWED?
MR. DILAN: YES. SO -- SO UNDER THAT SCENARIO THERE
COULD BE ENFORCEMENT, BUT THAT WOULD BE ON THE BACK END AFTER A
TRAGEDY HAPPENED, WHEREAS IF THEY FOLLOWED THE NEW YORK CITY
BUILDING CODE, THEIR PROFESSIONALS WHO CONSTRUCTED THAT FACILITY WOULD
HAVE TO, YOU KNOW, JUST LIKE ANY OTHER PROJECT UNLESS THE BUILDINGS
DEPARTMENT THINKS OTHERWISE WOULD HAVE TO SELF-CERTIFY THAT THEY HAVE
FOLLOWED THE -- THE -- ALL ASPECTS OF THE NEW YORK CITY BUILDING CODE.
THEIR LICENSED PROFESSIONALS, THEIR ARCHITECTS OR THEIR -- THEIR PLUMBING
PROFESSIONALS, FIRE SUPPRESSION PROFESSIONALS WOULD HAVE TO, YOU KNOW,
FOLLOW UP WITH THE DEPARTMENT OF BUILDINGS AND PUT THEIR LICENSE
ALONG WITH THAT PROJECT. RIGHT NOW, YOU KNOW, ONLY THE BULLETIN
REQUIRES THEM TO DO THAT BUT IT'S NOT -- IT'S NOT LAW. THIS WOULD MAKE IT
LAW.
MR. RA: OKAY. AND IN THAT INSTANCE WHERE THERE IS
A VIOLATION, SAY, YOU KNOW, SOME -- SOMETHING OCCURS AND THE LICENSEE
OR, YOU KNOW, WHOEVER IS, I GUESS, BUILDING GETS SOME TYPE OF
VIOLATION, WHAT TYPE OF SUBJECT ARE THEY (INAUDIBLE) ARE THEY SUBJECT TO?
IS IT FINES, LICENSE REVOCATION, THAT TYPE OF THING? WHAT ARE THEY
SUBJECT TO IF THERE'S A VIOLATION FOUND?
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NYS ASSEMBLY JUNE 3, 2022
MR. DILAN: UNDER THE BUILDING CODE THEY WOULD
BE SUBJECT TO FINES, YOU KNOW, UP TO THE -- THE PENALTY OF THE CRIME.
THE NEW YORK CITY BUILDING CODE HAS VARIOUS LEVELS OF FINES BECAUSE
IT'S A BROAD DOCUMENT AND THERE'S, YOU KNOW, THERE'S MANY DIFFERENT
TYPES OF -- OF VIOLATIONS OR OFFENSES THAT COULD BE COMMITTED. IN ONE
ASPECT, YOU KNOW, THERE -- AND IT MAY NOT APPLY IN THIS CASE, BUT WHEN I
WAS THE CHAIRMAN OF THAT COMMITTEE WE HAD THE FAMOUS CRANE
ACCIDENTS IN NEW YORK -- IN NEW YORK CITY AND THEY -- THEY WERE ABLE
TO HAVE SOME CRIMINAL CHARGES. BUT FOR THE MOST PART WE'RE TALKING
ABOUT MONETARY CHARGES, MONETARY FINES FOR NOT FOLLOWING THE CODE.
UNDER MODULAR, THE -- THE -- THE FINES, I COULDN'T TELL YOU -- I COULDN'T
TELL YOU WHAT THEY WOULD BE OR WOULD HAVE A DIFFICULT TIME LOOKING UP
WHAT THEY WOULD BE BECAUSE, YOU KNOW, THERE CURRENTLY IS NO CODE FOR
MODULAR CONSTRUCTION.
MR. RA: OKAY. THANK YOU. AND -- I'M SORRY, ONE
MOMENT. I GUESS THE -- MY -- MY LAST QUESTION WOULD BE -- AND THIS IS
ONE OF THE PIECES OF OPPOSITION THAT HAS COME UP, IS THAT THIS COULD
INCREASE THE COST OF BUILDING THESE TYPES OF UNITS. OBVIOUSLY, ONE OF
THE REASONS PEOPLE BUILD MODULAR IS, YOU KNOW, THERE'S COMPONENTS
THEN THEY GET ASSEMBLED AND IT'S -- AND IT'S DONE IN A MORE
COST-EFFECTIVE MANNER. SO DO YOU HAVE A CONCERN OR CAN YOU ADDRESS
THAT CONCERN THAT THIS WOULD INCREASE THE COST AND POTENTIALLY RESULT IN
LESS UNITS BEING BUILT?
MR. DILAN: WELL, I WOULD SAY THAT THE COSTS WOULD
BE DE MINIMIS. AND, YOU KNOW, MODULAR CONSTRUCTION IS USED FOR
57
NYS ASSEMBLY JUNE 3, 2022
VARIOUS TYPES OF CONSTRUCTION, NOT JUST HOUSING. THEY USE THEM FOR --
FOR BUILDINGS OF OTHER -- OTHER PUBLIC PURPOSES BEYOND HOUSING. ON THE
AFFORDABLE HOUSING SIDE, ABSOLUTELY I WOULD BE CONCERNED. BUT I
BELIEVE THE COST WOULD BE DE MINIMIS AND NOT WORTH THE -- THE SAFETY
THAT WOULD BE PROVIDED HAD THE BUILDING BEEN CONSTRUCTED IN PLACE
UNDER THE NEW YORK CITY BUILDING CODE. I MEAN, IN NEW YORK CITY
WE DO BUILD LOW-INCOME AND AFFORDABLE HOUSING IN PLACE WITH THE
SAFETY AND PROTECTION OF THE NEW YORK CITY BUILDING CODE. I WOULD
HATE TO BUILD LOW-INCOME HOUSING THAT DIDN'T PROVIDE THE SAFETY OF, SAY,
A PROFESSIONAL SIGNING OFF ON A GAS LINE OR SIGNING OFF ON THE STRUCTURAL
INTEGRITY OF A BUILDING JUST TO SAVE A FEW DOLLARS. I THINK SAFETY IS -- IS
-- IS PARAMOUNT, BUT I DON'T BELIEVE THAT THE COST IS PROHIBITIVE THAT IT
WOULD COST US ANY PROJECT.
MR. RA: THANK YOU VERY MUCH, MR. DILAN.
MR. SPEAKER, ON THE BILL.
MR. DILAN: THANK YOU, MR. RA.
ACTING SPEAKER JONES: MR. RA ON THE BILL.
MR. RA: THANK YOU. SO, JUST QUICKLY. AGAIN, YOU
KNOW, THERE'S A CONCERN HERE THAT THE REASON WHY THIS TYPE OF
CONSTRUCTION IS OFTEN USED, AND I THINK MANY OF US ARE PROBABLY
FAMILIAR WITH IT, BUT, YOU KNOW, THERE'S COMPONENTS THAT ARE
MANUFACTURED ELSEWHERE AND THEY'RE ASSEMBLED ON SITE, AND REALLY
WHAT THIS IS GETTING AT IS IT WOULD REALLY BE AS IF EVERYTHING WAS
ASSEMBLED ON SITE WITHIN NEW YORK CITY IN TERMS OF THE -- THE
LICENSEES AND THIS. ON THE SAFETY SIDE, SURE, I THINK IT'S VERY IMPORTANT
58
NYS ASSEMBLY JUNE 3, 2022
THAT WE MAKE SURE ANY BUILDING, WHATEVER IT IS, YOU KNOW, IS COMBINED
WITH, YOU KNOW, SOME -- SOME MINIMAL -- MINIMUM STANDARDS THAT
ENSURE ITS -- ITS SAFETY AND IT'S WHY WE HAVE BUILDING CODES, OBVIOUSLY.
BUT THE CONCERN HAS BEEN RAISED BY -- BY THOSE WHO, YOU KNOW, TRY TO
BUILD AFFORDABLE HOUSING THAT THIS COULD DRIVE UP THE COST AND REALLY
LOSE THE COST BENEFIT THAT COMES ALONG WITH USING THIS TYPE OF
CONSTRUCTION. AND -- AND FOR THAT REASON I BELIEVE SOME OF OUR
COLLEAGUES MAY BE VOTING IN THE NEGATIVE.
THANK YOU.
ACTING SPEAKER JONES: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON SENATE BILL 4738-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 PREVIOUSLY PROVIDED NUMBERS.
(THE CLERK RECORDED THE VOTE.)
MR. DILAN TO EXPLAIN HIS VOTE.
MR. DILAN: THANK YOU, MR. SPEAKER. AND THANK
YOU, MR. RA, FOR YOUR QUESTIONS AND JUST TO -- TO FURTHER CLARIFY. THIS
BILL WOULD APPLY TO STRUCTURES THAT ARE SIX STORIES OR HIGHER. SO
ANYTHING SIX STORIES OR BELOW IT DOES NOT APPLY, SO THAT SHOULD ALLEVIATE
SOME OF THE CONCERNS ABOUT IN AND AROUND AFFORDABLE HOUSING.
HOWEVER, I WANT TO POINT OUT THAT, YOU KNOW, DURING MY TIME IN CITY
GOVERNMENT PEOPLE WERE BUILDING MODULAR AND BUILDING LUXURY UNITS
AND RECEIVING 421A AND STILL GOING AROUND THE SAFETY STANDARDS OF THE
59
NYS ASSEMBLY JUNE 3, 2022
NEW YORK CITY BUILDING CODE.
SO THAT'S WHY I BELIEVE IT'S IMPORTANT WE ALL VOTE YES
TODAY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER JONES: MR. DILAN IN THE
AFFIRMATIVE.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU
PLEASE RECORD THE FOLLOWING MEMBERS IN THE NEGATIVE ON THIS BILL:
LEADER BARCLAY AND ASSEMBLYMEMBER DOUG SMITH.
THANK YOU.
ACTING SPEAKER JONES: THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 16, RULES REPORT NO. 563, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09435, RULES REPORT
NO. 563, SOLAGES, DARLING, ZINERMAN, AUBRY, DICKENS, PRETLOW,
WILLIAMS, WALKER, PEOPLES-STOKES, COOK, VANEL, HYNDMAN, CAHILL,
JEAN-PIERRE, BICHOTTE HERMELYN, TAYLOR, DILAN, JOYNER, BENEDETTO,
EPSTEIN, FRONTUS, REYES, NOLAN, O'DONNELL, CRUZ, JACKSON, BURGOS,
FORREST, ANDERSON, GONZÁLEZ-ROJAS, J. RIVERA, GIBBS, OTIS, GALLAGHER,
RAMOS, GOTTFRIED. AN ACT TO ACKNOWLEDGE THE FUNDAMENTAL INJUSTICE,
CRUELTY, BRUTALITY AND INHUMANITY OF SLAVERY IN THE CITY OF NEW YORK
AND THE STATE OF NEW YORK; TO ESTABLISH THE NEW YORK STATE
COMMUNITY COMMISSION ON REPARATIONS REMEDIES, TO EXAMINE THE
60
NYS ASSEMBLY JUNE 3, 2022
INSTITUTION OF SLAVERY, SUBSEQUENTLY DE JURE AND DE FACTO RACIAL AND
ECONOMIC DISCRIMINATION AGAINST AFRICAN-AMERICANS, AND THE IMPACT
OF THESE FORCES ON LIVING AFRICAN-AMERICANS AND TO MAKE
DETERMINATIONS REGARDING COMPENSATION; AND PROVIDING FOR THE REPEAL
OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER JONES: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER JONES: ON THE BILL.
MR. GOODELL: THIS LEGISLATION WOULD CREATE THE
NEW YORK STATE COMMUNITY COMMISSION ON REPARATIONS REMEDIES,
WE BELIEVE THERE ARE A NUMBER OF CONCERNS THAT WE BELIEVE SHOULD BE
ADDRESSED BEFORE WE MOVE FORWARD WITH THIS. THE PURPOSE OF THIS BILL,
AS I MENTIONED, WOULD BE TO CREATE A COMMISSION WHOSE FUNCTION IS TO
COME UP WITH PROPOSALS ON COMPENSATION -- THE FORM OF COMPENSATION
AND THE AMOUNT OF COMPENSATION AND WHO SHOULD BE ELIGIBLE FOR
COMPENSATION RELATED TO SLAVERY. AND AS THE BILL CORRECTLY NOTED, ONE
OF THE VERY FIRST ACTS OF THE NEW YORK STATE LEGISLATURE IN 1799 WAS TO
BEGIN THE PROCESS OF ABOLISHING SLAVERY IN NEW YORK. WHAT'S OF SOME
CONCERN IS THAT THIS BILL WOULD CALL FOR THE APPOINTMENT OF MEMBERS OF
THIS GOVERNMENTAL COMMISSION TO BE APPOINTED NOT BY REPRESENTATIVES
WHO HAVE BEEN ELECTED BY THE PEOPLE, BUT REPRESENTATIVES SELECTED BY
PRIVATE ORGANIZATIONS. I DON'T HAVE ANY PROBLEM WITH REPRESENTATIVES
WHO HAVE BEEN ELECTED BY THE PEOPLE MAKING APPOINTMENTS OF PEOPLE
WHO OBVIOUSLY HAVE EXPERTISE OR MAY BE MEMBERS OF AN ORGANIZATION.
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NYS ASSEMBLY JUNE 3, 2022
BUT IT'S VERY UNUSUAL FOR US TO HAVE OUTSIDE ORGANIZATIONS DESIGNATED
BY LAW AS BEING THOSE WHO ARE SELECTING MEMBERS OF AN OFFICIAL
ORGANIZATION.
SECOND, THERE'S A CONCERN ABOUT THE SCOPE. THIS BILL
IS VERY SPECIFIC ABOUT REPARATIONS RELATED TO SLAVERY, BUT THERE ARE
IMPORTANT GROUPS THAT ARE LEFT OUT THAT WE MIGHT WANT TO CONSIDER. FOR
EXAMPLE, PART OF MY DISTRICT REPRESENTS THE SENECA NATION OF INDIANS,
AND IT SEEMS IF WE'RE LOOKING AT REPARATIONS FOR PEOPLE OF RACES THAT
HAVE BEEN DAMAGED IN THE PAST BY ACTIONS THAT WE NOW THINK ARE
INAPPROPRIATE, WE CERTAINLY OUGHT TO INCLUDE THE NATIVE AMERICANS.
AND THERE'S -- THERE'S ANOTHER ASPECT OF THIS. DURING
THE CIVIL WAR, MY COUNTY LED --
ACTING SPEAKER JONES: LADIES AND GENTLEMEN,
COULD WE KEEP THE NOISE DOWN A LITTLE BIT? THERE'S A LOT OF SMALL
CONVERSATIONS GOING ON AND WE WANT TO HEAR EVERYTHING THAT MR.
GOODELL IS SAYING, SO WE'LL -- IT'S JUST A LITTLE LOUD IN HERE.
THANK YOU.
MR. GOODELL: BEFORE THE CIVIL WAR, MY COUNTY
ACTUALLY HOSTED ONE OF THE VERY FIRST PLATFORM COMMITTEE MEETINGS, THE
NEWLY-FORMED REPUBLICAN PARTY, AND WE WERE VERY, VERY ACTIVE IN MY
COUNTY IN THE ABOLITION MOVEMENT AND VERY PROUD OF THAT FACT. WHEN
THE WAR BROKE OUT, THE CIVIL WAR BROKE OUT, MY COUNTY SENT 4,000
YOUNG MEN TO FIGHT WITH THE UNION ARMY TO OBVIOUSLY FREE THE SLAVES.
THAT WAS AT A TIME WHEN MY COUNTY WAS ONLY 50 YEARS OLD. IT WAS A
SUBSTANTIAL PORTION OF OUR POPULATION, AND 25 PERCENT OF THEM NEVER
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NYS ASSEMBLY JUNE 3, 2022
CAME HOME. AND BACK THEN YOU KNOW THERE WAS NO DEATH BENEFITS,
THERE WERE NO RETIREMENT PLANS, THERE WAS NO SOCIAL SECURITY
DISABILITY. IT WAS AN AMAZING CONTRIBUTION TO THE CIVIL WAR AIMED AT
ENDING SLAVERY. AND NEW YORK STATE AS A WHOLE CONTRIBUTED MORE
SOLDIERS THAN ANY OTHER STATE IN THE NATION. AND AGAIN, WE ALL KNOW
JUST COMING OFF FROM MEMORIAL DAY THE CARNAGE THAT OCCURRED DURING
THAT WAR. IN GETTYSBURG THERE WERE OVER 50,000 PEOPLE THAT DIED IN A
THREE-DAY BATTLE. FIFTY THOUSAND PEOPLE IN THREE DAYS. THIS LEGISLATION
IS -- IS SUGGESTING THAT THE HEIRS OF THE FAMILIES THAT LOST THEIR CHILDREN
TO FREE THE SLAVES SHOULD NOW BE PAYING COMPENSATION FOR THE SLAVES
THAT WERE FREED 100 -- 150 YEARS LATER. AND THAT'S A CONCEPT I THINK WE
NEED TO MOVE CAREFULLY ON AS WE GO FORWARD.
AND LAST, I WOULD NOTE THAT THIS COMMISSION STARTS OUT
WITH A GOAL ALREADY SET BY LAW BECAUSE IT SAYS THE COMMISSION SHALL
DETERMINE A FORM OF COMPENSATION, THE AMOUNT OF COMPENSATION AND
WHO SHOULD BE ELIGIBLE FOR SUCH COMPENSATION. AND THE FIRST QUESTION
I THINK THAT WE NEED TO ADDRESS IS WHETHER COMPENSATION SHOULD BE
ISSUED OR GRANTED OR PAID, YOU KNOW, 150 YEARS LATER AND WHO, IF
ANYONE, SHOULD PAY. IF YOU IMMIGRATE TO THE UNITED STATES LATER,
SHOULD YOU BE EXPECTED TO PAY FOR THE SINS OF THE FOREFATHERS OF THE
COUNTRY? SO THESE ARE DIFFICULT ISSUES AND SENSITIVE AND I REALLY
APPRECIATE MY COLLEAGUE MS. SOLAGES, THE BILL SPONSOR, FOR MEETING
WITH ME AND WORKING ON IT AND I'D BE HAPPY TO WORK ON THIS LANGUAGE
IN THE FUTURE. BUT WE NEED TO MOVE CAREFULLY RECOGNIZING THAT WE'RE
TALKING ABOUT THE EVENTS THAT THANKFULLY NEW YORK TOOK A LEAD ON IN
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NYS ASSEMBLY JUNE 3, 2022
THE 1700S, TOOK A LEAD ON IN DONATING THE LARGEST NUMBER OF TROOPS AND
NOW WE NEED TO MOVE IN A SENSITIVE MANNER TO EVALUATE NOT JUST HOW
MUCH COMPENSATION OR EVEN WHETHER THERE SHOULD BE COMPENSATION
AND, IF SO, HOW THAT -- HOW THAT WOULD PLAY OUT.
SO I WOULD RECOMMEND WE FINE-TUNE THIS LANGUAGE
BEFORE MOVING FORWARD, AND THAT'S WHY I WOULD RECOMMEND THAT WE
VOTE AGAINST THIS LANGUAGE BUT WE CONTINUE AN OPEN DIALOGUE IN A
BIPARTISAN MANNER TO SEE HOW WE CAN WRESTLE WITH THESE TOUGH ISSUES.
THANK YOU, MR. SPEAKER, AND THANK YOU TO MY COLLEAGUE FOR ADVANCING
THIS PROPOSAL.
ACTING SPEAKER JONES: MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. I JUST
WANTED TO CLARIFY SOME THINGS FOR THE LEGISLATIVE RECORD. BUT BEFORE --
BEFORE I PROCEED, YOU KNOW, I JUST REALLY WANTED TO REMIND MY
COLLEAGUES FROM COLONIAL TIMES FORWARD, YOU KNOW, GOVERNMENTS AT
EVERY LEVEL HAVE ADOPTED AND ENSHRINED WHITE SUPREMACY BELIEFS AND
HAVE PASSED LAWS IN ORDER TO MAINTAIN SLAVERY. ALTHOUGH IT DIDN'T LOOK
LIKE CHATTEL SLAVERY, IT LOOKED AT OTHER WAYS LIKE REDLINING, FOR INSTANCE,
SEGREGATION, A BAN OF INTERRACIAL RELATIONSHIPS. AND SO WHEN WE TALK
ABOUT SLAVERY, WE DON'T MEAN THE SLAVERY THAT HAPPENED BACK THEN.
WE'RE TALKING ABOUT THE WRONGS THAT ARE HAPPENING TO THE BLACK
COMMUNITY EVEN TODAY. AND SO I JUST WANT TO SAY THAT IT'S ALSO
IMPORTANT TO REMEMBER THAT COMPENSATION IS NOT ONLY A PAYMENT OF
MONEY, EVEN THOUGH I WOULDN'T MIND COMPENSATION THAT WAY, WE ALSO
HAVE TO BE KNOWLEDGEABLE THAT, YOU KNOW, THERE'S OTHER MATERIAL
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NYS ASSEMBLY JUNE 3, 2022
COMPENSATION, WHETHER IT'S RESTITUTION OF CIVIL AND POLITICAL RIGHTS,
PHYSICAL REHABILITATION, ACCESSING GRANT LAND, HOUSING, HEALTHCARE,
EDUCATION. IT'S -- THERE'S A GAUNTLET OF DIFFERENT TYPES OF COMPENSATION.
HOUSE BUYING, BABY BONDS, SOCIAL BONDS, COMMUNITY PROGRAMS, LAND
BUYBACKS. AND IF YOU LOOK AT IT, THIS IS NOT A NEW CONCEPT. EVEN NEW
JERSEY HAS SOME SORT OF REPARATIONS TASK FORCE. MARYLAND HAS A
REPARATIONS COMMISSION BILL. CALIFORNIA ACTUALLY JUST ISSUED THEIR
REPORT ON REPARATIONS. AND SO -- AND NORTH CAROLINA, THEY HAVE A
HOUSING AND COMMUNITY PROGRAM THAT RESULTED FROM THE CONVERSATION
AROUND REPARATIONS. SO, YOU KNOW, WE HAVE A LOT OF LOCAL COMMUNITY
GROUPS IN THIS BILL WHO WANT TO REALLY HAVE A DIALOGUE. THEY ARE
EXPERTS AT THE END OF THE DAY. THEY HAVE BEEN STUDYING REPARATIONS,
THEY HAVE BEEN DISCUSSING REPARATIONS ALL ACROSS THIS NATION AND GLOBE.
AND SO WE WANT TO MAKE THAT WE'RE GETTING THE BEST AND BRIGHTEST OF
THAT INFORMATION. AND SO, YOU KNOW, IT'S IMPORTANT THAT WE SAY -- WE,
YOU KNOW, HAVE THESE IMPORTANT CONVERSATIONS BECAUSE CHATTEL SLAVERY
AND ITS REMNANTS HAVE CREATED INEQUALITY ALL ACROSS ALL ASPECTS OF OUR
SOCIETY. AND I WISH TO SAY THAT, YOU KNOW, NEW YORK DID DO A LOT.
NEW YORK WAS REALLY IN THE FOREFRONT, BUT PLEASE LET US NOT FORGET THAT
MANY OF TIMES WITHIN NEW YORK STATE HISTORY EVEN AFTER SLAVERY AND
DURING SLAVERY, NEW YORK HAS BEEN A CO-CONSPIRATOR WHEN WE TALK
ABOUT IT. WHETHER IT'S FUGITIVES -- WHEN FUGITIVES CAME HERE IN NEW
YORK THEY WERE SENT BACK BY THE COURT OF SPECIAL SESSION IN NEW
YORK CITY. SLAVE SHIPS WERE ALLOWED TO SLIP INTO THE PORTS OF -- OF
NEW YORK, AND THEY WERE -- WERE WELCOME ALTHOUGH THEY COULDN'T
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NYS ASSEMBLY JUNE 3, 2022
COME ON THE LAND, THEY WERE WELCOME. OUT-OF-STATE SLAVERY
TEMPORARY VISITING LAWS WERE BASICALLY ENACTED HERE. IF YOU TALK ABOUT
JIM CROWE -- LOOK, I'M NOT GOING -- I'M NOT GOING TO BELABOR THE POINT
BECAUSE THE TIME IS LONG AND WE HAVE A LOT TO DO, BUT REALLY, THIS IS AN
IMPORTANT PIECE OF LEGISLATION. WE NEED TO ACKNOWLEDGE THE HARM
THAT'S BEEN DONE TO THE BLACK COMMUNITY. WE NEED TO ENSURE THAT
WE'RE COMING UP WITH INFORMATION, CREATING A REPORT SO THAT THE EXPERTS
CAN COME TOGETHER AND SEE. AND REMEMBER, THIS IS JUST A STUDY. WE
ARE JUST STUDYING REPARATIONS, AND TO ME THAT'S THE BARE MINIMUM.
ACTING SPEAKER JONES: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY BILL 9435. 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 WE LOOK
FORWARD TO WORKING ON -- ON THESE ISSUES WITH OUR COLLEAGUES TO SEE IF
WE CAN ADDRESS SOME OF THE ISSUES OF THIS BILL. THOSE WHO SUPPORT THE
LEGISLATION AS WRITTEN CAN CERTAINLY AND ARE ENCOURAGED TO VOTE HERE ON
THE FLOOR IN FAVOR OR CONTACT THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER JONES: MRS. PEOPLES- STOKES.
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NYS ASSEMBLY JUNE 3, 2022
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE
OF LEGISLATION. IT IS, HOWEVER, A COMMISSION, BUT I THINK A VERY
IMPORTANT COMMISSION AND I THINK MOST COLLEAGUES WOULD AGREE WITH
THAT. HOWEVER, SHOULD THERE BE COLLEAGUES THAT WOULD DECIDE TO BE AN
EXCEPTION, THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE
OR VOTE IN CHAMBERS.
THANK YOU.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER JONES: THANK YOU.
MR. ANDERSON TO EXPLAIN HIS VOTE.
MR. ANDERSON: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. THANK YOU. THIS IS A CRITICAL BILL AND I WANT TO TAKE
THE OPPORTUNITY TO THANK THE SPONSOR FOR HER HARD WORK AND
COMMITMENT TO KEEPING THIS ISSUE OF REPARATIONS ALIVE. IT'S SO
IMPORTANT THAT WE ACKNOWLEDGE AS A STATE AND, QUITE FRANKLY, AS A
NATION THE HARM THAT HAS BEEN DONE TO BLACK AMERICANS FOR
GENERATIONS. WE'RE SPEAKING ABOUT REPAIRING THE HARM OF OVER 400-
PLUS YEARS OF SYSTEMIC RACISM. WE'RE TALKING ABOUT REPAIRING THE HARM
OF CHATTEL SLAVERY. WE'RE TALKING ABOUT HEALING THE HARM AND REPAIRING
THE HARM OF WHITE SUPREMACY THAT HAS IMPACTED LIVES, GENERATIONS.
HAS IMPACTED AND CONTINUES TO IMPACT ACCESS TO HOUSING, ACCESS TO
FOOD, ACCESS TO HEALTHCARE. THESE THINGS STILL CONTINUE TO SHOW UP
TODAY. IT'S NOT A -- A MYSTERY, IT'S NOT A MYTH. THESE ARE REAL THINGS.
AND IF YOU -- IF YOU HAVE ANY QUESTIONS OR QUALMS OR CONCERNS ABOUT IT,
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NYS ASSEMBLY JUNE 3, 2022
DO YOUR RESEARCH. TAKE A LOOK AT THE EXHIBIT THAT'S RIGHT HERE IN THE
LEGISLATIVE OFFICE BUILDING THAT SPEAKS OF THE HARMS OF SLAVERY AND
HOW WHITE SUPREMACY CONTINUES TO IMPACT -- IMPACT OUR COMMUNITIES
TODAY. JIM CROWE AND THE NEW JIM CROWE, MASS INCARCERATION. ALL OF
THESE ARE FORMS OF ENSLAVEMENT, AND THIS COMMISSION IS BEING
ESTABLISHED TO HELP STUDY AND FIGURE OUT HOW TO BEST RESOLVE AND WORK
THROUGH THAT HARM.
SO I'M ENCOURAGING ALL MY COLLEAGUES, REGARDLESS OF
WHAT YOUR IDEOLOGICAL BELIEFS ARE, IT'S IMPORTANT THAT WE ACKNOWLEDGE
HARM WHEREVER IT IS AND WORK TO REPAIR IT. SO I'M ENCOURAGING ALL MY
COLLEAGUES TO VOTE IN THE AFFIRMATIVE. THAT'S WHAT I WILL BE DOING AND I
HOPE YOU DO THE SAME. THANK YOU, MR. SPEAKER.
ACTING SPEAKER JONES: MR. ANDERSON IN THE
AFFIRMATIVE.
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER, TO EXPLAIN MY
VOTE. IF WE'RE GOING TO HEAL, WE HAVE TO CONFRONT OUR HISTORY. AND IT
SEEMS THAT TODAY PEOPLE DO NOT WANT TO FACE THE DISGRACEFUL HISTORY
THAT OUR COUNTRY HAS HAD IN SOME ARENAS. AND I HAVE LOOKED AT THAT
EXHIBIT, AND I HAVE WATCHED MANY, MANY PROGRAMS IN THE SAME WAY
THAT I WOULD HOPE THAT PEOPLE WOULD WATCH DOCUMENTARIES ABOUT THE
HOLOCAUST AND UNDERSTAND THAT HATRED IN ANY FORM AND THE VIOLENCE
THAT ENSUES FROM IT HURTS ALL OF US. AND SO IF WE ARE TO RECONCILE OUR
DIFFERENCES, WE HAVE TO CONFRONT THE HISTORY THAT HAS BROUGHT US TO THIS
POINT.
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NYS ASSEMBLY JUNE 3, 2022
AND SO I WITHDRAW MY REQUEST AND HAPPILY VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER JONES: MS. GLICK IN THE
AFFIRMATIVE.
MS. ZINERMAN TO EXPLAIN HER VOTE.
MS. ZINERMAN: I AM A LITTLE BIT FLABBERGASTED.
NOT -- I SHOULDN'T BE SURPRISED, HOWEVER. THIS BILL IS ASKING FOR A STUDY
OF A KNOWN FACT. I BELIEVE WE HAVE ENOUGH DATA AND ENOUGH SMART
PEOPLE TO START THE PROCESS OF REPAIRING THE DAMAGE THAT HAS BEEN DONE.
IF YOU LOOK AT ALL STATISTICS ABOUT PEOPLE OF AFRICAN DESCENT IN THE
AMERICAS, WE ARE, BY THE CIA, FBI, ANYBODY WHO STUDIES CRIME,
ACLU, THE MOST HATED GROUP IN AMERICA. EVERYTHING FROM MICRO
AGGRESSION THAT -- POLICE BRUTALITY TO LACK OF HEALTHCARE, INSURANCE,
EDUCATION THAT TEACHERS (INAUDIBLE) THE TRUTH ABOUT HISTORY, THESE THINGS
HAPPEN EVERY SINGLE DAY. AND WHAT WE'RE ASKING FOR TODAY IS A STUDY.
AND I UNDERSTAND THAT THIS DID NOT MOVE FORWARD IN THE SENATE BECAUSE
PEOPLE HAVE A PROBLEM WITH THE MAKEUP OF THE COMMUNITY
COMMISSION. WE'RE SAYING THAT WE'RE NOT EXPERTS, SO WE HAVE TO STUDY.
BUT WE HAVE A COMMITTEE -- WE PUT TOGETHER A GROUP OF PEOPLE WHO
HAVE BEEN STUDYING THIS FOR DECADES, AND SOMEHOW THAT'S THE PROBLEM
WHY THIS BILL CANNOT MOVE FORTH IN THE SENATE AND IN THE ASSEMBLY.
WE WANT TO DO WHAT IS SUPERFICIAL AND ORNATE, RIGHT? WE WANT TO HAVE
JUNETEENTH, RIGHT? WE WANT TO JUST CELEBRATE THAT IT'S OVER. IT'S NOT
OVER. IT'S HAPPENING TO US EVERY SINGLE DAY. YOU ALL COO, COO, COO
AROUND TJ ALL THE TIME AND WHAT DOES HIS MOTHER TELL YOU?
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NYS ASSEMBLY JUNE 3, 2022
(BUZZER SOUNDS)
SHE IS AFRAID THAT HER SON IS NOT GOING TO LIVE TO BE A
ACTUAL MEMBER OF THIS BODY BECAUSE OF WHAT WE EXPERIENCE EVERY DAY.
SO I -- SO ANYBODY WHO HAS A NO, I REALLY HOPE THAT YOU REALLY DIG DEEP
AND THINK ABOUT THE FACT THAT WE JUST WANT TO HAVE A CONVERSATION ABOUT
WHAT HAS HAPPENED AND WHAT'S HAPPENING.
ACTING SPEAKER JONES: MS. ZINERMAN, HOW DO
YOU VOTE?
MS. ZINERMAN: I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER JONES: MS. ZINERMAN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES?
(PAUSE)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU SO MUCH, MR.
SPEAKER, JUST TO QUICKLY EXPLAIN MY VOTE. I MEAN, THIS IS WITHOUT A
DOUBT CRITICALLY IMPORTANT. ONE SHOULD ALWAYS BE INTERESTED IN
KNOWLEDGE, AND CLEARLY THERE'S A LOT OF KNOWLEDGE HERE THAT HAS NOT
BEEN SHARED OR PEOPLE HAVE NOT HAD THE DESIRE TO WANT TO KNOW IT. BUT
I WILL SAY THIS: WE ARE VERY GOOD IN NEW YORK STATE AT ESTABLISHING
COMMISSIONS AND THEY ACTUALLY DON'T DELIVER A RESULT. AND THIS ONE
PUTS THE STATE ON NOTICE. THIS -- THIS ONE HAS TO HAPPEN. WE REALLY
CAN'T MOVE FORWARD OR BEGINNING TO DO THE TON OF WORK THAT WE NEED TO
DO IN ORDER TO DEAL WITH SYSTEMIC RACISM WITHIN OUR OWN AGENCIES
UNLESS WE CAN COMPLETE THIS KIND OF WORK. SO I CERTAINLY DO SUPPORT IT.
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NYS ASSEMBLY JUNE 3, 2022
I WANT TO COMMEND THE SPONSOR OF IT AND THE PREVIOUS SPONSOR IN THE
YEARS PAST. IT'S TIME, IT'S OVER TIME, AND WE NEED TO KEEP OUR EYE ON
THIS ONE.
THANK YOU, SIR.
ACTING SPEAKER JONES: MRS. PEOPLES- STOKES
IN THE AFFIRMATIVE.
NOW 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. COLLEAGUES, IF WE CAN CONTINUE OUR WORK. WE'RE GOING TO GO
TO RULES REPORT NO. 611 BY MR. ZEBROWSKI, RULES REPORT NO. 615 BY
MS. JOYNTER -- JOYNER, RULES REPORT NO. 633 BY MS. JOYNER, RULES
REPORT NO. 634. MR. ABBATE IS GOING TO BE DEBATED BY MR. CUSICK.
AND FOLLOWED BY RULES REPORT NO. 530 BY MS. SEPTIMO, 562 BY MS.
CRUZ, 589 BY MS. FAHY AND 56 AND 637 BY MS. GLICK. IN THAT ORDER,
MR. SPEAKER.
ACTING SPEAKER JONES: PAGE 18, RULES REPORT
NO. 611, THE CLERK WILL READ.
THE CLERK: SENATE NO. S06809-A, SENATOR
REICHLIN-MELNICK (A07925-A, ZEBROWSKI, MCDONALD, ABINANTI,
ENGLEBRIGHT, STIRPE, ANDERSON, BURGOS, DICKENS, WOERNER, LUPARDO,
WALLACE). AN ACT TO AMEND THE STATE FINANCE LAW AND THE EDUCATION
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NYS ASSEMBLY JUNE 3, 2022
LAW, IN RELATION TO RESTORING OVERSIGHT OF CERTAIN CONTRACTS BY THE
COMPTROLLER; AND TO REPEAL CERTAIN PROVISIONS OF THE EDUCATION LAW
RELATING THERETO.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON -- OH, READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JONES: THE -- THE CLERK WILL
RECORD THE VOTE ON SENATE BILL 6809 [SIC]. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. WALCZYK TO EXPLAIN HIS VOTE.
MR. WALCZYK: THANK YOU, MR. SPEAKER. I KNOW
AT THIS HOUR AND THIS DAY AND WE'VE BEEN AT THE GRIND FOR A LITTLE WHILE
HERE, BILLS LIKE THIS COULD PASS US BY. SO I WANTED TO RISE TO EXPLAIN --
EXPLAIN MY VOTE BECAUSE THIS BILL WOULD NULLIFY YEARS OF AGREED UPON
OVERSIGHT BETWEEN THE COMPTROLLER AND SUNY. POST-AUDIT OVERSIGHT
OF SUNY EXISTS NOW, AND OF LATE SHOWS ABSOLUTELY NO NEED FOR THESE
PRE-AUDITS. IF YOU CARE ABOUT A SUNY INSTITUTION THAT'S IN YOUR DISTRICT,
COMPREHENSIVES OR OTHERWISE, WHO ARE TRYING TO RECOVER FROM THE
PANDEMIC WHO HAVE DIPS IN ENROLLMENT, YOU MIGHT REALLY WANT TO
CONSIDER A NO VOTE ON THIS ONE. THIS REDUCES PRE-AUDIT THRESHOLDS TO
ONLY $50,000. SO IF YOU THINK ABOUT YOUR SUNYS TRYING TO GET
CONTRACTS OUT TO BID IN A LABOR SHORTAGE RECOVERING FROM A PANDEMIC,
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NYS ASSEMBLY JUNE 3, 2022
THIS -- THEY'VE ALREADY GOT A -- A TOUGH ENOUGH BATTLE AND AN UPHILL
BATTLE TO INCREASE THEIR ENROLLMENT ONCE AGAIN. THIS IS JUST GOING TO
DRAW THAT MUCH MORE RED TAPE AND MAKE IT THAT MUCH MORE DIFFICULT
FOR OUR FINE SUNY INSTITUTIONS TO DO THEIR BUSINESS.
THE COMPTROLLER ALREADY HAS OVERSIGHT, AND WE HAVE
ENOUGH RED TAPE IN GOVERNMENT. SO I'LL BE VOTING NO ON THIS BILL AND
URGE MY COLLEAGUES TO DO THE SAME. THANK YOU.
ACTING SPEAKER JONES: MR. WALCZYK IN THE
NEGATIVE.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU
PLEASE RECORD MR. SIMPSON IN THE NEGATIVE ON THIS BILL? THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUE MS. HUNTER 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. 615, THE CLERK WILL READ.
THE CLERK: SENATE NO. S08063-A, RULES REPORT
NO. 615, SENATOR RAMOS (A08874-B, JOYNER, OTIS, DARLING, COLTON,
DURSO, GONZÁLEZ-ROJAS). AN ACT TO AMEND THE LABOR LAW, IN RELATION
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NYS ASSEMBLY JUNE 3, 2022
TO RESTRICTIONS ON CONSECUTIVE HOURS OF WORK FOR NURSES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. JOYNER.
MS. JOYNER: THIS BILL WOULD LIMIT THE ALLOWABLE
DURATION OF MANDATORY OVERTIME RESTRICTIONS FOR NURSES AND THAT IT MAY
BE SUSPENDED TO A NATURAL DISASTER OR DECLARED EMERGENCY. IT WOULD
ALSO PREVENT AN EMPLOYER FROM DECLARING A STAFFING EMERGENCY FOR
ROUTINE NURSE STAFFING NEEDS.
ACTING SPEAKER AUBRY: MR. JENSEN.
MR. JENSEN: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS?
MS. JOYNER: YES.
ACTING SPEAKER AUBRY: MS. JOYNER WILL
YIELD, SIR.
MR. JENSEN: THANK YOU VERY MUCH, MS. JOYNER.
TWO WEEKS AGO I HAD THE PLEASURE TO HAVE A CONVERSATION WITH OUR
COLLEAGUE FROM THE 100TH ASSEMBLY DISTRICT ON A PIECE OF LEGISLATION
THAT SHE SPONSORED AND SUBSEQUENTLY PASSED THAT ALSO AMENDED LABOR
LAW 167, AS YOUR LEGISLATION DOES. AS PART OF THAT LEGISLATION THERE
WAS AN ENACTMENT OF PENALTIES AGAINST A HEALTHCARE PROVIDER WHO HAS
FORCED MANDATORY OVERTIME. THAT HAPPENS AS WELL IN THIS BILL;
HOWEVER, THERE ARE CONFLICTING PENALTIES IN THE TWO PIECES OF
LEGISLATION. IN THIS LEGISLATION AND THE PRIOR LEGISLATION, THE FIRST -- FIRST
VIOLATION IS A $1,000 FINE, BUT IT'S THE SECOND AND THIRD VIOLATIONS
WHERE THERE IS DISCREPANCIES. THIS WOULD OBVIOUSLY CREATE CONFLICTING
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NYS ASSEMBLY JUNE 3, 2022
CIVIL PENALTIES IF BOTH CHANGES TO THE STATUTE ARE SIGNED INTO LAW. AND I
GUESS MY FIRST QUESTION IS WHICH PENALTY WOULD THE EMPLOYER BEAR FOR A
VIOLATION?
MS. JOYNER: SO, THIS -- THIS BILL WOULD ADDRESS
BANNING ON OVERTIME FOR EMERGENCY PURPOSES.
MR. JENSEN: RIGHT. BUT AS PART OF THE -- PART OF
YOUR LEGISLATION IN LINES -- IN LINES 11 THROUGH 18 OF THE BOTTOM PART,
THEY ADD CIVIL PENALTIES FOR VIOLATIONS. SO WHILE, YES, YOUR BILL DOES
ADDRESS THE CHANGES AND THE EXEMPTIONS, IT DOES INSTITUTE CIVIL
PENALTIES. SO I GUESS MY QUESTION IS THIS BODY HAS ALREADY PASSED
LEGISLATION THAT HAS NOT BEEN SIGNED INTO LAW THAT ADDS PENALTIES. YOUR
BILL CREATES CONFLICTING PENALTIES, AND I GUESS WHICH PENALTIES WILL BE
THE ONES (INAUDIBLE) OUT OR WILL PROVIDERS BE ESSENTIALLY DOUBLE
PENALIZED FOR THE SAME VIOLATION?
MS. JOYNER: SO, THIS WOULD BE FOR EMERGENCY
PURPOSES. UNDER THIS SECTION THE DEPARTMENT OF LABOR COMMISSIONER
WILL HAVE THE DISCRETION WITH INSTITUTING THESE VIOLATIONS, SO IF A
HOSPITAL SHOWS GOOD FAITH THAT THERE WERE MITIGATING CIRCUMSTANCES,
IT'S UP TO THE DEPARTMENT OF LABOR COMMISSIONER TO INSTITUTE THESE
VIOLATIONS.
MR. JENSEN: SO I GUESS THAT'S WHERE I -- I HAVE
ANOTHER QUESTION BASED ON THE SIMILAR YET DIFFERENCES BETWEEN THE TWO
PIECES WE'VE TAKEN UP. UNDER THE PRIOR PIECE OF LEGISLATION THAT WAS
ADDRESSED, THE COMMISSIONER OF LABOR HAD TO DO AN INVESTIGATION ON
THE MERIT OF THOSE CLAIMS. IN YOUR LEGISLATION IT JUST SAYS THAT THE
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NYS ASSEMBLY JUNE 3, 2022
COMMISSIONER WILL -- WILL ASSESS THE EMPLOYER WITH THE PENALTY
WITHOUT ANY ASSURANCE THAT THERE WILL BE AN INVESTIGATION INTO THE
VERACITY OF THE COMPLAINTS. WOULD THERE BE AN INVESTIGATORY PROCESS?
MS. JOYNER: THERE WILL BE AN OPPORTUNITY FOR
HOSPITALS TO SHOW GOOD FAITH THAT THEY ARE, YOU KNOW, FINDING
COVERAGE. SO IF THEY CAN SHOW THAT THEY ARE ATTEMPTING TO CONTACT
TEMP WORKERS, YOU KNOW, INCENTIVIZING NURSES TO VOLUNTEER TO TAKE UP
MORE HOURS OR OFFERING OTHER PAY FOR NURSES TO -- WHO WANT TO STEP IN TO
HELP WITH SHORTAGES, THAT'S ALSO -- YOU KNOW, THESE ARE STEPS THAT
HOSPITALS CAN SHOW THAT THEY ARE TAKING GOOD FAITH EFFORTS AND THAT
THEY'RE NOT JUST USING THIS AS A WAY TO ADDRESS ROUTINE STAFFING ISSUES.
MR. JENSEN: OKAY. I THINK ANOTHER THING THAT IS
ADDED AS OPPOSED TO CIVIL PENALTIES THAT WOULD HAVE TO BE PAID TO THE
STATE, THERE WOULD BE CIVIL PENALTIES LEVIED UPON THE PROVIDER THAT
WOULD BE DAMAGES AWARDED TO THE AGGRIEVED STAFF MEMBER. AND I
GUESS ONE OF THE THINGS WE SHOULD ENSURE, WHETHER THROUGH AN
AMENDMENT, AS A CHAPTER AMENDMENT OR A CHANGE IN THE DRAFT, IS THAT
THERE IS A DUE PROCESS FOR THAT. CERTAINLY, IF THERE'S GOING TO BE THESE
CLAIMS AND THESE AWARDS, WE WANT TO MAKE SURE THAT THEY ARE VERIFIABLE
AND THEY ACTUALLY DID TAKE PLACE. AND I THINK THAT'S WHY HAVING
LANGUAGE LIKE WE HAD IN THE PREVIOUS LEGISLATION THAT ENSURES THAT
INVESTIGATION WOULD BE PREFERABLE, AND I THINK HAVING THAT WRITTEN IN
THE STATUTE WOULD ASSURE THAT THE DEPARTMENT OF LABOR ACTUALLY DOES IT.
MS. JOYNER: OKAY. FAIR POINT.
MR. JENSEN: THANK YOU. AND THEN YOU MENTIONED
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NYS ASSEMBLY JUNE 3, 2022
IN YOUR EXPLANATION THAT IT CHANGES THE EXEMPTION OF WHEN MANDATED
OVERTIME CAN BE USED; A HEALTHCARE DISASTER, AN EMERGENCY DECLARATION
BY A LOCAL, STATE OR FEDERAL GOVERNMENT, AND IF THERE IS DIRECT --
POTENTIAL OF DIRECT PATIENT HARM; IS THAT ACCURATE?
MS. JOYNER: RIGHT. SO BANS ON MANDATORY
OVERTIME IS ALREADY LAW, RIGHT? THIS LAW IS NOW SETTING FORTH A
SPECIFIED TIME PERIOD. SO, FOR EXAMPLE, WE SPEAK ABOUT 30 DAYS AT THE
END OF THE DISASTER, THREE DAYS AFTER A NATURAL DISASTER OR A MASS
CASUALTY EVENT. SO THIS BILL BASICALLY LIMITS THE TIME. I THINK AT THE
TIME WE PASSED THIS BILL NO ONE EXPECTED THAT WE WOULD HAVE A
PANDEMIC GOING ON FOR TWO YEARS.
MR. JENSEN: RIGHT. AND I UNDERSTAND THAT AND I
THINK THOSE ARE ALL JUSTIFIABLE EXEMPTIONS. THE ONE THAT I THINK
PROVIDES MORE QUESTIONS OR MORE AMBIGUITY IS THAT POTENTIAL FOR
RESIDENT OR PATIENT HARM, BECAUSE I -- I GUESS THAT COULD BE LOOKED AT
THROUGH A DIFFERENT GUISE. EVERYBODY MAY HAVE A DIFFERENT BELIEF OF
WHAT WOULD CONSTITUTE A DIRECT -- POTENTIAL FOR DIRECT HARM TO COME
UPON A PATIENT OR RESIDENT. AND I GUESS WHO WOULD BE THE ONE THAT
WOULD DETERMINE WHETHER OR NOT THERE IS THE POTENTIAL THREAT OF HARM
DUE TO LACK OF STAFFING? WOULD THAT BE FACILITY ADMINISTRATION? WOULD
IT BE THE MEDICAL STAFF? WOULD IT BE THE DEPARTMENT OF LABOR? WOULD
IT BE THE DEPARTMENT OF HEALTH?
MS. JOYNER: I WOULD SAY IT WOULD BE THE FACILITY
AND THEY WOULD INCLUDE, YOU KNOW, A REPORT INCLUDING ALL, YOU KNOW,
THEIR EMPLOYEES, ALL OF THE DATA THAT YOU'RE MENTIONING AND THEN
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SUPPLYING THAT TO THE DEPARTMENT OF LABOR.
MR. JENSEN: AND -- AND I THINK GOING BACK TO ONE
OF THE -- THE THINGS THAT WAS MENTIONED THE LAST TIME I DEBATED THIS
CHANGE TO THE STATUTE IS THAT WHILE THE MANDATORY OVERTIME LAW IS A
DEPARTMENT OF LABOR LAW, STATUTE, WHEN WE'RE TALKING ABOUT PATIENT
HARM IT SEEMS STRANGE THAT THE ORIGINAL LEGISLATION DOESN'T INVOLVE THE
DEPARTMENT OF HEALTH AT ALL. BECAUSE THEY ARE THE ONES WHO ARE
ALREADY ENSURING COMPLIANCE AND STAFFING REGULATIONS NOW, OUR SAFE
STAFFING REGULATIONS. AND I GUESS IF THERE'S GOING TO BE AN INVESTIGATION
INTO THE ACTIONS OF HEALTHCARE PROVIDERS, SHOULDN'T THE DEPARTMENT OF
HEALTH HAVE SOME ROLE IN ENSURING THAT OUR HEALTH LAW IS ALSO BEING
FOLLOWED ALONG WITH OUR LABOR LAW?
MS. JOYNER: SO -- SO WE BELIEVE THE DEPARTMENT
OF LABOR IS MOST SUITABLE BECAUSE THIS IS A WORKFORCE ISSUE AND ABOUT,
YOU KNOW, STAFFING.
MR. JENSEN: WELL, BUT WE HAVE A SAFE STAFFING LAW
THAT WENT ON THE BOOKS LAST YEAR THAT DEEMS WITH SAFE -- WITH AN
APPROPRIATE LEVEL OF STAFFING. SO THAT IS IN ITSELF A LABOR ISSUE, BUT THAT'S
UNDER THE HEALTHCARE LAW. NOW WE'RE EXPANDING THIS LABOR LAW AND I
THINK THAT COULD ALSO LEAD TO INCONSISTENCIES BETWEEN TWO DIFFERENT
STATE AGENCIES IN INVESTIGATING THESE TYPES OF CLAIMS.
MS. JOYNER: SO, YES, THOSE DEALT WITH PATIENT CARE.
THIS DEALS WITH WORK HOURS. SO, TWO SEPARATE ISSUES.
MR. JENSEN: WELL, BUT WOULDN'T THE MANDATING OF
STAFF TO STAY IN AN OVERTIME SETTING WOULD BE DONE BECAUSE OF A LACK OF
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STAFF? WHEN YOU HAVE A LACK OF STAFF, THAT IS POTENTIALLY PUTTING THOSE
PEOPLE WHO ARE BEING CARED FOR AT RISK AND WE WANT TO MAKE SURE WE
HAVE ADEQUATE AND APPROPRIATE STAFFING LEVELS. AND SO I THINK THEY ARE
INTRINSICALLY LINKED, AND THAT'S WHY I THINK THERE'S SOME CONFUSION THAT
WE HAVE THIS IN THE LABOR -- AND I UNDERSTAND THAT THIS WOULD FALL UNDER
THE LABOR LAW BUT I THINK THERE COULD BE A WAY TO MAYBE CLEAN UP
SOME AMBIGUITY BETWEEN THE OVERSIGHT OF BOTH OF THESE AGENCIES.
MS. JOYNER: SO IT'S OUR POSITION THAT ONE DEALS
WITH PATIENT CARE, THIS DEALS WITH WORKFORCE AND HOURS, WORK HOURS,
WHICH IS WHY WE BELIEVE THAT THE DEPARTMENT OF LABOR IS BEST SUITABLE
TO ADDRESS THESE ISSUES.
MR. JENSEN: OKAY. THERE IS -- IS THERE A CHANGE TO
-- IS THERE A CHOICE THAT THE PROVIDER WOULD HAVE IN THE TYPE OF FINES
THEY RECEIVE UNDER THIS STATUTE OR IS THAT -- IS IT JUST A UNIFORM POLICY, A
UNIFORM SET OF FINES FOR VIOLATIONS?
MS. JOYNER: SURE. SO FOR THE FIRST VIOLATION IT
WOULD BE $1,000. THE SECOND VIOLATION WITHIN THREE YEARS, 2,500, AND
THEN FOR A THIRD OR SUBSEQUENT VIOLATION WITHIN THREE YEARS IT'S $5,000.
MR. JENSEN: SO WOULD THAT -- WOULD THOSE FINES BE
LEVIED FOR EACH MEMBER OF THE NURSING STAFF WHO IS GIVEN MANDATED
OVERTIME OR WOULD THAT BE FOR AN INCIDENT AS A WHOLE OR PER DAY? SO IF
YOU AND I ARE BOTH NURSES, WE'RE BOTH MANDATED -- WE'RE BOTH
MANDATED, WOULD THERE BE A $1,000 FINE FOR EACH OF US BEING MANDATED
OR WOULD IT BE $1,000 BECAUSE THERE WAS A MANDATION THAT TOOK PLACE?
MS. JOYNER: SO IS YOUR QUESTION WHO WOULD BE
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THESE -- THESE PENALTIES WOULD BE LEVIED AGAINST?
MR. JENSEN: NO -- NO, MY QUESTION IS, IN THIS
HYPOTHETICAL SCENARIO YOU AND I ARE BOTH NURSES. WE'RE BOTH MANDATED
BY OUR EMPLOYER TO WORK OVERTIME. WOULD THE EMPLOYER BE FINED
$1,000 FOR MANDATING ME AND $1,000 FOR MANDATING YOU, OR WOULD IT
ONLY BE ONE $1,000 FINE BECAUSE THERE WAS A MANDATION THAT TOOK PLACE
WITHIN THE FACILITY?
MS. JOYNER: IT'S PER NURSE, PER DAY.
MR. JENSEN: PER NURSE, PER DAY, OKAY. IS THERE A
SET TIME PERIOD THAT THE DEPARTMENT OF LABOR, THE COMMISSIONER OF
LABOR WOULD HAVE TO ASSESS THESE FINES? OR A TIME -- OR AN AMOUNT OF
TIMES THAT THE AGGRIEVED STAFF MEMBER WOULD HAVE TO FILE A COMPLAINT.
MS. JOYNER: THERE'S NOTHING IN THE BILL IN TERMS OF
A TIME, NO.
MR. JENSEN: SO THERE'S NO STATUTE OF LIMITATIONS.
MS. JOYNER: NO.
MR. JENSEN: OKAY. KIND OF GETTING A LITTLE BIT IN
RELATION TO THE FINES. CERTAINLY, THE IMPACT OF COVID-19 HAD WIDE-
RANGING EFFECTS IN OUR HEALTHCARE INDUSTRY AND ONE OF THEM HAS BEEN ON
THE NUMBER OF NURSING STAFF AND HEALTHCARE STAFF. AND WHEN FACILITIES
ARE STRUGGLING TO ENSURE THAT THEY HAVE AN ADEQUATE NUMBER OF STAFF FOR
THOSE THEY ARE CARING FOR, IS THERE ANY CONCERN THAT YOU MAY HAVE THAT
THESE FINES COULD POTENTIALLY HARM PROVIDERS WHEN THEY HAVE TO REACT
TO AN EVOLVING SITUATION WITH AN UNSTABLE WORKFORCE?
MS. JOYNER: I MEAN, LISTEN, IT'S BEEN A PANDEMIC,
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NYS ASSEMBLY JUNE 3, 2022
THERE'S BEEN SHORTAGES. BUT AT THE END OF THE DAY WE WANT TO MAKE SURE
WE'RE HAVING PEOPLE THAT ARE SHOWING UP TO WORK WITH A CLEARLY
IDENTIFIABLE WORK SCHEDULE SO THAT WE'RE NOT CAUSING HARM TO THE
WORKER OR TO THE PATIENT. SO IF YOU'RE HAVING PEOPLE WORK BEYOND
BURNOUT, THEN THEY'RE OF NO SERVICE TO -- TO THE PATIENTS THAT THEY'RE
THERE TO SERVE. SO THIS IS -- THE RIGHT -- THE BALANCE IN ORDER TO MAINTAIN
PATIENT SAFETY AND ALSO WORK -- WORKERS' SAFETY AS WELL.
MR. JENSEN: OKAY. THANK YOU VERY MUCH, MS.
JOYNER. I APPRECIATE YOUR ANSWERS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
JENSEN.
MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER.
I -- I THINK WHEN WE TALK ABOUT HEALTHCARE STAFFING, EMPLOYERS HAVE TO
DO THEIR JOB AND ENSURE THAT THEY ARE TAKING APPROPRIATE, RESPONSIBLE
STAFFING DECISIONS TO ENSURE THERE ARE NO -- NO SHORTAGES WITH THE STAFF
THEY HAVE AND MAKE CERTAIN THAT EVERY SINGLE PERSON THAT THEY'RE CARING
FOR HAS A LEVEL OF CARE BEING PROVIDED THAT IS APPROPRIATE. HOWEVER, IN
NEW YORK STATE WHERE WE ARE SUFFERING FROM HEALTHCARE STAFFING
SHORTAGES, THE ACTIONS IN THIS BILL OR THE LANGUAGE IN THIS BILL THAT WOULD
DECREASE THE VARIETY OF EXEMPTIONS IS PROBLEMATIC. CERTAINLY, AN
EMPLOYER CAN'T CONTROL THEIR EMPLOYEES ON -- ON IF THERE ARE NO-CALL,
NO-SHOWS. IF AGENCY STAFF JUST DOESN'T ARRIVE, IF SOMEBODY GETS SICK.
AND THERE ARE STAFFING SHORTAGES THAT ARE BEYOND THEIR CONTROL DESPITE
THEIR BEST EFFORTS TO ENSURE APPROPRIATE LEVELS OF STAFFING. I THINK THAT
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PROVIDES LESS ABILITY TO REACT TO AN EVOLVING SITUATION WHICH IN THE
HEALTHCARE FIELD, WHETHER IT'S A HOSPITAL, NURSING HOME, WHEREVER IT
MAY BE, IT'S ALWAYS EVOLVING BECAUSE PATIENT CENTER CARE IS ALSO
EVOLVING. I THINK THERE IS ALSO CONCERN THAT THERE ARE TWO SEPARATE
PIECES OF LEGISLATION THAT THIS HOUSE WILL PASS THAT HAVE CONFLICTING
LANGUAGE CHANGES TO THE SAME LABOR LAW STATUTE. THAT CAN PROVIDE
TREMENDOUS CONFUSION, POSSIBLE DOUBLE PENALTIES BEING LEVIED AND A
LACK OF DUE PROCESS TO ENSURE THAT THERE ARE NOT CLAIMS BEING RENDERED
THAT ARE NOT FALSE. CERTAINLY, WE WANT PEOPLE SHOWING UP TO WORK. WE
WANT THEM TO SHOW UP WHEN THEY'RE SCHEDULED. WE DON'T WANT PEOPLE
TO HAVE TO WORK MANDATORY OVERTIME, BUT IF PATIENT OR RESIDENT SAFETY IS
AT RISK, UNFORTUNATELY THAT MAY HAVE TO HAPPEN. AND I THINK THE BIGGEST
THING THAT -- WHEN WE'RE TALKING ABOUT OUR HEALTHCARE INDUSTRY AND OUR
HEALTHCARE STAFFING IS THAT NEW YORK STATE FOR YEARS HAS FAILED IN ITS
ABILITY TO APPROPRIATELY COVER THE COST OF CARE, ESPECIALLY UNDER
MEDICAID IN A NURSING HOME WHERE REIMBURSEMENTS ARE -- ARE BELOW
80 PERCENT OF WHAT COSTS ACTUALLY -- THE COST OF CARING ACTUALLY IS. IT
LIMITS THE ABILITY TO INVEST IN A WORKFORCE. IT MAKES IT MORE DIFFICULT
FOR FACILITIES AND PROVIDERS TO GO OUT AND RECRUIT AND RETAIN THE BEST
POSSIBLE NURSING STAFF. AND I THINK REGARDLESS OF POLITICAL AFFILIATION,
POLITICAL PARTY, WHERE YOU LIVE, WE WANT TO HAVE THE MOST QUALIFIED AND
BEST HEALTHCARE WORKERS CARING FOR THE PEOPLE WHO NEED THAT CARE THE
MOST. CERTAINLY, WHEN WE TOOK A --
(BUZZER SOUNDS)
OKAY. I'M GOING TO USE THE SECOND 15, MR. SPEAKER.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: YOU'RE IN FOR THE
SECOND.
MR. JENSEN: CERTAINLY, IN OUR -- IN THE BUDGET WE
PASSED A FEW MONTHS AGO, NEW YORK CITY WAS DEFICIENT IN PROVIDING
AN APPROPRIATE LEVEL OF ASSISTANCE FOR OUR HEALTHCARE PROVIDERS THAT
HAVE BEEN RAVAGED BY THE EFFECTS OF COVID-19, ESPECIALLY IN OUR
NURSING HOMES. AND WHILE WE DO NOT SUPPORT THEM FINANCIALLY OR
ASSIST THEM FINANCIALLY, WE ARE ADDING MORE AND MORE PENALTIES WHILE
THEY'RE TRYING TO DO THE BEST POSSIBLE WORK THEY CAN DO FOR THE PEOPLE
THEY'RE CHARGED TO CARE FOR. I THINK CERTAINLY IF BOTH OF THESE BILLS ARE
SIGNED INTO LAW, I THINK THE EXECUTIVE AND THIS LEGISLATURE NEED TO
SERIOUSLY CONSIDER SOME SORT OF A CHAPTER AMENDMENT TO LIMIT THE
CONFUSION OR POTENTIAL FOR DOUBLE -- DOUBLE CIVIL PENALTIES, AND I THINK
WE NEED TO DO MORE TO INVEST IN WORKFORCE NOT AS BONUS PAYMENTS BUT
ACTUALLY SUSTAINABLE RECRUITING AND RETENTION OF THE MOST CRITICAL CARE
STAFF.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
JENSEN.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8063-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
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NYS ASSEMBLY JUNE 3, 2022
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS
MENTIONED BY MY COLLEAGUE. THOSE WHO WISH TO SUPPORT IT CERTAINLY
ARE ENCOURAGED TO VOTE YES ON THE FLOOR OR BY CONTACTING THE MINORITY
LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. ZEBROWSKI.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. THE
DEMOCRATIC CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE ON THIS
LEGISLATION. IF ANY MEMBER WISHES TO VOTE NO, PLEASE CALL THE MAJORITY
LEADER'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU
PLEASE RECORD THE FOLLOWING MEMBERS IN THE AFFIRMATIVE ON THIS -- I'M
SORRY, YES, IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION: MR.
DESTEFANO, MR. SMITH AND MR. TANNOUSIS.
THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MR. ZEBROWSKI.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY JUNE 3, 2022
PLEASE RECORD OUR COLLEAGUE MS. WOERNER IN THE NEGATIVE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
RULES -- PAGE 18, RULES REPORT NO. 633, THE CLERK
WILL READ.
THE CLERK: SENATE NO. S08922-A, RULES REPORT
NO. 633, SENATOR RAMOS (JOYNER, BICHOTTE HERMELYN, REYES, SIMON,
FALL, CARROLL, MITAYNES, MAMDANI, GALLAGHER, GOTTFRIED, SEAWRIGHT,
TAYLOR, DINOWITZ, ANDERSON, COOK, CRUZ, ABBATE, LUCAS, CUSICK,
CLARK, L. ROSENTHAL--A10020-A). AN ACT TO AMEND THE LABOR LAW, IN
RELATION TO ESTABLISHING THE WAREHOUSE WORKER PROTECTION ACT.
ACTING SPEAKER AUBRY: ON A MOTION BY --
(PAUSE)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THIS BILL ATTEMPTS TO DEAL WITH A
SITUATION THAT OCCURS WHERE WAREHOUSE WORKERS HAVE A QUOTA THAT THEY
NEED TO MEET IN TERMS OF THEIR JOB EXPECTATIONS. AND THE BILL HAS SOME
PROVISIONS WHICH I THINK EVERYONE IN THIS ROOM WOULD APPRECIATE AND
WOULD SUPPORT. IT ALSO HAS AN INTERESTING CHALLENGE, IF YOU WILL. ON
85
NYS ASSEMBLY JUNE 3, 2022
THE POSITIVE SIDE, THIS BILL WOULD REQUIRE FOR THOSE COMPANIES THAT HAVE
QUOTA SYSTEMS TO MAKE SURE THAT THE EMPLOYEES ARE AWARE OF WHAT THE
QUOTA IS WHEN THEY'RE BEING HIRED AND WHEN THE QUOTA SYSTEM CHANGES.
AND SO THEY'RE -- JUST AS AN EXAMPLE, AMAZON HAS A QUOTA WHERE THEY
EXPECT WORKERS TO BE ABLE TO HANDLE A CERTAIN NUMBER OF PACKAGES PER
HOUR. A LOT OF YOUR FRUIT PROCESSORS OR FRESH PRODUCE PROCESSORS HAVE
SIMILAR QUOTAS. AND OF COURSE THESE QUOTAS ARE DESIGNED TO HELP THE
EMPLOYER KNOW WHICH EMPLOYEES ARE FAST AND EFFICIENT AND WHICH
EMPLOYEES ARE BETTER EMPLOYED IN A DIFFERENT OCCUPATION.
THE PROBLEM WITH A QUOTA SYSTEM IS THAT IF THE QUOTAS
ARE SET TOO HIGH, THEN EMPLOYEES, IN ORDER TO MEET THE QUOTA, CAN'T FIND
THE TIME TO TAKE THEIR BREAKS, WHETHER FOR THE RESTROOM OR FOR EATING, OR
WHATEVER, THE BREAKS THAT ARE REQUIRED BY LAW. AND SO WHAT THIS
ATTEMPTS TO DO IS FIRST MAKE SURE THE EMPLOYEES KNOW WHAT THOSE
QUOTAS ARE, BUT THEN SAY AN EMPLOYEE SHALL NOT BE REQUIRED TO MEET A
QUOTA THAT PREVENTS COMPLIANCE WITH MEAL OR REST PERIODS. SO FAR WE'RE
ARE ALL IN AGREEMENT.
IT THEN GOES ON TO SAY THAT AN EMPLOYEE WHO THINKS
THAT THE QUOTA IS TOO HIGH CAN SUE THE EMPLOYER FOR DAMAGES, AND THAT'S
WHERE WE START TO RUN INTO SOME INTERESTING DILEMMAS BECAUSE IF YOU
HAVE AN INEFFICIENT EMPLOYEE, AND THE ONLY WAY -- YOU HAVE AN
INEFFICIENT EMPLOYEE AND THE EMPLOYER GOES TO ENCOURAGE THEM TO LOOK
FOR A NEW OCCUPATION OR TO LET THEM GO, THAT EMPLOYEE UNDER THIS LAW
COULD TURN AROUND AND SUE THE EMPLOYER AND SAY, NO, I'M NOT AN
INEFFICIENT EMPLOYEE, YOUR QUOTAS ARE TOO HIGH. AND SO WE SET UP A
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NYS ASSEMBLY JUNE 3, 2022
LEGAL FRAMEWORK FOR EMPLOYEES THAT THE EMPLOYER IS FIRING BECAUSE
THEY'RE INEFFICIENT TO TURN AROUND AND SUE THE EMPLOYER BECAUSE OF THEIR
VERY INEFFICIENCY.
AND SO WE NEED TO WRESTLE WITH THAT DILEMMA, AND I
THINK THE BEST WAY TO WRESTLE WITH THAT DILEMMA IS TO ENSURE THAT THE
LABOR DEPARTMENT IS FULLY AWARE AND TO PROVIDE A PROCESS FOR THE
LABOR DEPARTMENT TO CHECK WHETHER THE QUOTAS ARE REASONABLE BY
LOOKING AT WHETHER THE VAST MAJORITY OF THE EMPLOYERS -- OR THE
EMPLOYEES CAN MEET THOSE QUOTAS AND STILL GET THE MANDATORY AND
APPROPRIATE REST BREAKS AND MEAL BREAKS. AND SO WE APPRECIATE THE
OBJECTIVE, WE'RE 100 PERCENT IN ACCORD ABOUT THE NOTICE REQUIREMENTS,
WE'RE 100 PERCENT IN ACCORD THAT THOSE QUOTAS NEED TO BE REASONABLE,
BUT WE DON'T LIKE THE CONCEPT OF A CIVIL LITIGATION PROCESS THAT CAN BE
UTILIZED BY INEFFICIENT EMPLOYEES TO -- TO SUE THEIR EMPLOYER BASED ON
THEIR OWN INEFFICIENCIES. AND WE THINK THE BETTER MECHANISM IS LOOK
TO THE LABOR DEPARTMENT TO DO AUDITS OR OTHER INVESTIGATORY WORK TO
MEET THAT BALANCING ACT.
FOR THAT REASON, I AND MANY OF MY COLLEAGUES WILL NOT
BE ABLE TO SUPPORT THIS BILL, ALTHOUGH WE WOULD BE CERTAINLY INTERESTED
IN WORKING WITH THE SPONSOR TO ADDRESS THAT CONUNDRUM IN A WAY THAT'S
FAIR TO BOTH EMPLOYEES AND EMPLOYERS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8922. THIS IS A PARTY VOTE. ANY MEMBER WHO
87
NYS ASSEMBLY JUNE 3, 2022
WISHES TO BE RECORDED AS A NEGATIVE -- AS AN EXCEPTION TO THE
CONFERENCE POSITION -- LET ME CORRECT MYSELF. IS THIS A PARTY VOTE OR A
-- IT'S A PARTY VOTE. THAT'S WHAT I THOUGHT. IT 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: MR. SPEAKER, I HOPE THE RECORD
ADEQUATELY REFLECTS THAT WE OFTEN HAVE PARTIES HERE ON THE LAST DAY OF
SESSION.
ACTING SPEAKER AUBRY: OUR LIFE IS A FULL
PARTY.
MR. GOODELL: I HAVE BEEN AT BETTER PARTIES, TO BE
HONEST. BUT NOTWITHSTANDING THAT, THE REPUBLICAN CONFERENCE IS
GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS I MENTIONED, BUT
WE WOULD WELCOME THE OPPORTUNITY TO WORK WITH THE SPONSOR TO SEE IF
WE CAN COME UP WITH A DIFFERENT SOLUTION TO THIS CONUNDRUM. THOSE
WHO WANT TO SUPPORT THIS LEGISLATION ON THE FLOOR ARE CERTAINLY
ENCOURAGED TO DO SO BY EITHER VOTING ON THE FLOOR OR BY CONTACTING THE
MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MS. PEOPLES-STOKES: THANK YOU, MR. SPEAKER.
THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS ONE; HOWEVER,
THERE MAY BE A FEW OF OUR COLLEAGUES THAT WOULD DECIDE TO BE AN
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NYS ASSEMBLY JUNE 3, 2022
EXCEPTION. THEY'RE CERTAINLY WELCOME TO DO THAT. THEY SHOULD CALL THE
MAJORITY LEADER'S OFFICE AND/OR PRESS THEIR VOTE IN THE CHAMBERS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MS. JOYNER TO EXPLAIN HER VOTE.
MS. JOYNER: THANK YOU, MR. SPEAKER, JUST TO
CLARIFY SOME OF THE POINTS THAT WERE BROUGHT UP EARLIER. UNDER THIS
VERSION OF THE BILL, THERE'S NO PRIVATE RIGHT OF ACTION TO SUE. ALL OF THE
REMEDIES THAT ARE AVAILABLE ARE ALREADY ESTABLISHED UNDER THE
DEPARTMENT OF LABOR. THANK YOU.
ACTING SPEAKER AUBRY: MS. JOYNER IN THE
AFFIRMATIVE.
YES, MS. WALSH, HOW'D WE KNOW?
MS. WALSH: HELLO, MR. SPEAKER. WOULD YOU
PLEASE RECORD MR. DESTEFANO AND MR. SMITH IN THE AFFIRMATIVE 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.
PAGE 19, RULES REPORT NO. 634, THE CLERK WILL READ.
THE CLERK: SENATE NO. S09119, RULES REPORT NO.
634, SENATOR GOUNARDES (ABBATE--A10022). AN ACT TO AMEND THE
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NYS ASSEMBLY JUNE 3, 2022
RETIREMENT AND SOCIAL SECURITY LAW, THE EDUCATION LAW, THE PUBLIC
AUTHORITIES LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK, IN RELATION TO EXTENDING THE CORONAVIRUS DISEASE 2019
(COVID-19) BENEFIT FOR PUBLIC EMPLOYEE DEATH BENEFITS; AND TO AMEND
CHAPTER 78 OF THE LAWS OF 2021, AMENDING THE RETIREMENT AND
SOCIAL SECURITY LAW AND OTHER LAWS RELATING TO ESTABLISHING A
CORONAVIRUS DISEASE 2019 (COVID-19) BENEFIT FOR PUBLIC EMPLOYEE
DEATH BENEFITS, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9119. 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. TO EXPLAIN MY
VOTE WHEN YOU ARE READY.
ACTING SPEAKER AUBRY: PROCEED.
MR. GOODELL: I'M -- I'M SUPPORTING THIS AND
RECOMMENDING IT TO MY COLLEAGUES THAT THEY VOTE IN FAVOR OF IT. IT
PROVIDES FOR A COVID-RELATED ACCIDENTAL DEATH BENEFIT FOR ANY PUBLIC
EMPLOYEE WHO DIES AS A RESULT OF COVID. WE FIRST GOT THIS IN 2020.
THIS WOULD CONTINUE IT TO 2024. I THINK, BY THE WAY, AT THE END OF 2024
THIS IS A BENEFIT THAT SHOULD END. WE'VE SEEN TREMENDOUS ADVANCES
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NYS ASSEMBLY JUNE 3, 2022
THANKFULLY IN THE TREATMENT AND PREVENTION OF SERIOUS CASES OF
COVID-19 AND WHEN THIS PANDEMIC FIRST STARTED, OF COURSE EVERYONE
WAS AFRAID, ESPECIALLY FOR OUR FIRST RESPONDERS AND OUR HEALTH CARE
WORKERS, BUT NOW THAT THE VACCINE IS WIDELY AVAILABLE AND WE'VE
MOVED INTO A NEW PHASE WHERE THE COMPLICATIONS ARE A FRACTION OF
WHAT THEY USED TO BE, WE CANNOT CONTINUE THIS BENEFIT INDEFINITELY.
SO WHILE I'LL SUPPORT IT NOW AND RECOMMEND IT TO MY
COLLEAGUES, I THINK THIS IS THE LAST TIME WE'LL NEED TO EXTEND IT. THANK
YOU, SIR.
THIS IS GOING TO BE A FAST VOTE, SIR.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON - EXCUSE ME - SENATE PRINT 9119. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 14, RULES REPORT NO. 530, THE CLERK WILL READ.
THE CLERK: SENATE NO. S04371-D, RULES REPORT
NO. 530, SENATOR BIAGGI (SEPTIMO, MAMDANI, ANDERSON, FERNANDEZ,
SIMON, SILLITTI, EPSTEIN, GOTTFRIED, SOLAGES, FORREST, JACKSON,
GONZÁLEZ-ROJAS, DARLING, L. ROSENTHAL, KELLES, SEAWRIGHT, THIELE,
OTIS, FAHY, ENGLEBRIGHT, GLICK--A06150-B). AN ACT TO AMEND THE
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ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO EMISSIONS OF TOXIC AIR
CONTAMINANTS.
MR. SMULLEN.
MR. SMULLEN: EXPLANATION, PLEASE.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED?
MR. SMULLEN: YEAH, THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR SOME QUESTIONS, PLEASE?
MS. SEPTIMO: YES --
ACTING SPEAKER AUBRY: MS. SEPTIMO, WILL
YOU --
MS. SEPTIMO: -- YES.
ACTING SPEAKER AUBRY: MS. SEPTIMO YIELDS.
MR. SMULLEN: WELL, THANK YOU VERY MUCH. IN
LOOKING AT THIS BILL, I HAD A COUPLE OF QUESTIONS THAT -- THAT ALWAYS
COME TO RISE IN -- IN BILLS SUCH AS THIS. COULD YOU REFLECT ON THE -- THE
LANGUAGE IN THE BILL ABOUT WHAT -- WHAT IT MEANS TO BE A DISADVANTAGED
COMMUNITY? I COME FROM A -- A PLACE IN UPSTATE NEW YORK WHERE
THERE'S A LOT OF BROWNFIELDS, THERE ARE A LOT OF SUPERFUND SITES. IT'S BEEN
A -- SINCE THE DEINDUSTRIALIZATION OF UPSTATE NEW YORK OVER THE PAST 40
YEARS, IT'S BEEN SEVERELY DISADVANTAGED. WHAT WOULD -- WHAT WOULD
QUALIFY IN YOUR MIND AND IN THIS BILL IN THE CONTEXT OF AMBIENT AIR
QUALITY AS A DISADVANTAGED COMMUNITY, PLEASE.
MS. SEPTIMO: SURE. NOT CONCEIVED OF MY MIND, A
DISADVANTAGED COMMUNITY HAS THE SAME MEANING IN THIS BILL AS THE
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TERM IS DEFINED IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION
ACT. THE SORT OF SPECIFIC DEFINITION IS A COMMUNITY THAT BEARS THE
BURDEN OF NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENT POLLUTION,
IMPACTS OF CLIMATE CHANGE AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA
OR COMPRISED OF HIGH CONCENTRATIONS OF LOW- AND MODERATE-INCOME
HOUSEHOLDS.
MR. SMULLEN: SO YOU WOULD AGREE THAT THAT
WOULD APPLY EQUALLY TO UPSTATE COMMUNITIES WHO IN THIS, AS WE -- AS
WE MOVE TOWARD THE CLCPA, MEET THE EXACT SAME CRITERIA. YOU
KNOW, AND YOU -- YOU -- WE TALK ABOUT SOCIALLY DISADVANTAGED AREAS.
WHAT ARE SOME OF THE MAIN CRITERIA THAT THE CLIMATE ACTION COUNCIL
ARE NOW PUTTING ON TO THAT -- INTO THAT DEFINITION AND HOW IS THAT BEING
DISCUSSED AS THIS -- AS THIS ENVIRONMENTAL BILL GOES FORWARD, BUT ALSO
WITH THE CLCPA?
MS. SEPTIMO: SURE. SO THIS DEFINITION IS
TECHNICALLY IN DRAFT UNTIL JULY. BUT THE -- YOU MENTIONED THAT IT WOULD
INCLUDE FOR UPSTATE COMMUNITIES. THIS DEFINITION WAS CRAFTED, YOU
MENTIONED THE CLIMATE JUSTICE COUNCIL, CLIMATE JUSTICE WORKING
GROUP IS THE GROUP THAT DEVELOPED THIS DEFINITION AND THAT INCLUDED
ACTUAL MEMBERS FROM UPSTATE AND RURAL COMMUNITIES AS WELL. SOME OF
THE SORT OF STANDARDS THAT YOU MENTIONED THAT WOULD INCLUDE THESE
COMMUNITIES THIS HAS THE ECONOMIC FACTORS WOULD INCLUDE THINGS LIKE
FREE LUNCH, FREE REDUCED LUNCH --
MR. SMULLEN: RIGHT. YEAH.
MS. SEPTIMO: -- ET CETERA.
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MR. SMULLEN: THANK YOU. I THINK WE'RE IN
AGREEMENT ON THAT, THAT THE CLCPA AND ENVIRONMENTAL JUSTICE OR
DISADVANTAGED COMMUNITIES NEEDS TO BE EQUITABLY DISTRIBUTED ACROSS
ALL AREAS OF NEW YORK STATE, WHETHER IT'S, YOU KNOW, DOWNSTATE, RURAL
AREAS, RURAL EQUITY IS JUST AS IMPORTANT, AT LEAST IN MY MIND, TO THE
PEOPLE IN MY DISTRICT. SO THANK YOU --
MS. SEPTIMO: AND I --
MR. SMULLEN: -- THANK YOU VERY MUCH FOR -- FOR
THAT.
MS. SEPTIMO: TO THAT POINT, I WOULD JUST LIKE TO
ALSO MENTION THAT I THINK THERE ARE ALL BUT NINE COUNTIES -- ALL BUT NINE
COUNTIES IN NEW YORK WILL BE -- ARE ANTICIPATED TO BE HOME TO AT LEAST
ONE DISADVANTAGED COMMUNITY BY THIS DEFINITION.
MR. SMULLEN: GOOD. THANK YOU. AND I KNOW
THAT'S TWO OF MY HOME COUNTIES FOR SURE FIT THAT CRITERIA.
SO IN REGARDS TO THIS BILL, CAN YOU TELL ME WHY WE
NEED A BILL SUCH AS THIS AS OPPOSED TO FOLLOWING EXISTING FEDERAL AND
STATE STANDARDS FOR AMBIENT AIR QUALITY?
MS. SEPTIMO: SURE. SO WE AS A STATE, WE ARE ABLE
TO SET STANDARDS THAT ARE STRICTER THAN FEDERAL STANDARDS; I'M SURE YOU
ARE FAMILIAR WITH THAT CONCEPT. AND THE -- THE FEDERAL STANDARDS AS IT
RELATES TO AMBIENT AIR QUALITY ARE ACTUALLY SET BY THE BEST PERFORMING
SORT OF PERMITTEE IN AN INDUSTRY. THEY'RE SET BY INDUSTRY AND WHOEVER
IS MEETING BEST AMBIENT AIR QUALITY STANDARDS, THEY'RE NOT SET WITH
RELATION TO HEALTH IMPACTS AND THAT'S WHAT THIS BILL IS REALLY SEEKING TO
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DO.
MR. SMULLEN: NOW, CAN YOU -- CAN YOU TELL ME
THEN SO IF WE'RE LOOKING AT SETTING STANDARDS HERE, WE'RE IN -- IN MY
MIND THIS BILL IS PRODDING DEC TO SET A HIGHER STANDARD THAN PERHAPS
THE FEDERAL STANDARD IS, OR PERHAPS THE EXISTING DEC STANDARD. HOW
WILL THOSE STANDARDS BE MEASURED DIFFERENTLY FROM A SCIENTIFIC
TECHNICAL BASIS FOR THIS PARTICULAR BILL?
MS. SEPTIMO: SO FROM A SCIENTIFIC TECHNICAL BASIS,
THESE -- THESE SPECIFIC TOXINS ARE NOT ACTUALLY MANDATED RIGHT NOW BY
ANY DIRECTIVE TO BE MONITORED.
MR. SMULLEN: SO THEY'RE NOT MANDATED -- WE'RE
ADDING MANDATED --
MS. SEPTIMO: THESE ARE -- RIGHT. THESE ARE TOXINS
THAT RIGHT NOW ARE NOT SPECIFICALLY MANDATED TO BE MONITORED.
MR. SMULLEN: BUT HOW WILL THEY VARY IN, SAY,
THEIR SURVEILLANCE REGIME FROM EXISTING ONES? THERE'S A LOT OF
CONCERNS OUT THERE WITH REGARD TO THIS BILL BECAUSE IT'S -- NOT ONLY IS IT
MOVING THE GOALPOSTS, SO TO SAY, BUT IT'S ALSO CHANGING THE GAME THAT'S
BEING PLAYED IN TERMS OF HOW INDUSTRY MUST HAVE PREDICTABILITY
TOWARDS, YOU KNOW, ENVIRONMENTAL REGULATIONS SUCH AS THIS. HOW --
HOW WILL THE ACTUAL SURVEILLANCE SYSTEM FOR THESE CONTAMINANTS BE
DIFFERENT THAN THE EXISTING SYSTEM?
MS. SEPTIMO: SO THIS BILL DIRECTS THE DEPARTMENT
TO PROMULGATE STANDARDS AND ULTIMATELY DECIDE WHEN AND HOW
FENCELINE MONITORING, WHICH IS THE SORT OF MECHANISM THAT WOULD --
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WOULD HAPPEN, WHEN -- HOW AND WHEN FENCELINE MONITORING WOULD BE
USED.
MR. SMULLEN: AND YOU MENTIONED FENCELINE
MONITORING. ARE YOU TALKING -- JUST PAINT A -- A PICTURE FOR ME, A LINE
THAT'S ON A FENCE AND THERE'S GOING TO BE SOME SORT OF THING. IS IT GOING
TO BE A GROUND-BASED SURVEILLANCE SYSTEM, A -- OR A PLANT-BASED
SYSTEM?
MS. SEPTIMO: SO THOSE ARE -- THOSE ARE STANDARDS
THAT THE DEPARTMENT WOULD SET ULTIMATELY.
MR. SMULLEN: SO THE DEPARTMENT IS GOING TO -- IS
IT GOING TO GO THROUGH THE NORMAL REGULATORY PROCESS TO SET UP THOSE
STANDARDS?
MS. SEPTIMO: YES.
MR. SMULLEN: AND WHAT -- WHAT DO YOU EXPECT, IF
THIS BILL DOES PASS, WHAT IS THE TIMELINE FOR SETTING UP THAT REGULATORY
TIMELINE?
MS. SEPTIMO: SO THE BILL SAYS THAT THE DEPARTMENT
WILL HAVE UNTIL DECEMBER 31ST, 2023 TO PROMULGATE THE STANDARDS AND
SET THE REGULATIONS.
MR. SMULLEN: VERY GOOD. WELL, THANK YOU VERY
MUCH TO THE SPONSOR.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SMULLEN: SO THERE -- THERE IS SOME -- SOME
CONCERN OUT THERE THAT THIS -- THAT THIS BILL WOULD GO QUITE QUICKLY IN A
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NYS ASSEMBLY JUNE 3, 2022
-- IN A SPECIFIC DIRECTION. AND WHAT WE WANT TO DO IS MAKE SURE THAT,
FOR THE CASE OF ALL THE INDUSTRIES THAT ARE AFFECTED SUCH AS THIS, AND ALL
THE COMMUNITIES THAT ARE AFFECTED BY THIS THAT IT BE DONE VERY CAREFULLY,
THAT IT BE DONE IN COMPLIANCE WITH EXISTING FEDERAL STANDARDS, EXISTING
STATE STANDARDS. AND THEN IF WE DO CHANGE THE STANDARDS IN NEW YORK
STATE, THAT IT BE DONE IN A TRANSPARENT PROCESS FROM A TECHNICAL
PERSPECTIVE, THAT WE'RE NOT DOING A MONITORING SYSTEM THAT WOULD THEN
CHANGE THE REQUIREMENTS FOR THESE HIGH CAPITAL POWER PLANTS THAT -- THAT
PROVIDE A LOT OF -- A LOT OF ENERGY, THESE FACTORIES THAT WORK IN THESE
AREAS.
SO THERE ARE -- THERE ARE SOME CONCERNS OUT THERE
ABOUT THIS BILL. IT'S -- IT'S VERY SCIENTIFIC, VERY TECHNICAL, AND I WANT TO
MAKE SURE THAT WE GET IT RIGHT IN -- IN -- IN THIS PROCESS, AND THAT'S
WHERE SOME OF THE CONCERNS ARE. SO MR. SPEAKER, THANK YOU VERY
MUCH.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU. MOST OF OUR AIR
EMISSION STANDARDS NOW ARE BASED ON AIR POLLUTION, IF YOU WILL, THAT
COMES FROM A SPECIFIC SITE. AND THIS CHANGES IT FROM MEASURING WHAT
MIGHT BE COMING OUT OF A SMOKESTACK, FOR EXAMPLE, TO WHAT THE AIR
QUALITY IS AT THE FENCELINE, CORRECT, OR THE PROPERTY LINE?
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MS. SEPTIMO: SO IT'S -- IT'S STILL -- I THINK YOU'RE
CONFUSING A COUPLE OF THINGS, TOO. IT'S STILL ABOUT WHAT'S COMING OUT OF
THE STACK, RIGHT? WE'RE NOW TALKING ABOUT THE FENCELINE, BUT WE'RE NOT
CHANGING THE SOURCE OF THE POLLUTION, WE'RE SORT OF CAPTURING DIFFERENT
AIR TOXINS.
MR. GOODELL: BUT THE -- ONE OF THE SPECIFIC
PROVISIONS OF THIS BILL IS THAT THE AIR POLLUTION BE MEASURED NOW AT
PROPERTY LINES, RIGHT, RATHER FROM NECESSARILY THE SOURCE WITHIN THE
PROPERTY?
MS. SEPTIMO: THE MECHANISM WILL BE FENCELINE
MONITORING YES, BUT WE ARE STILL SORT OF CAPTURING AMBIENT AIR QUALITY
THAT IS DIRECTLY RELATED TO THE POLLUTION THAT COMES OUT OF STACKS.
MR. GOODELL: SO ONE OF THE CONCERNS THAT
INDUSTRY HAS IS THAT IF THEY LOCATE A MANUFACTURING FACILITY IN A
MANUFACTURING ZONE, EVEN THOUGH THE AMOUNT OF AIR POLLUTION THEY
CONTRIBUTE MIGHT BE VERY SMALL, THAT MIGHT BE ENOUGH TO GO OVER THE
AMBIENT AIR QUALITY STANDARDS IF THE SURROUNDING INDUSTRY BRING THOSE
STANDARDS CLOSE TO THE MAX.
MS. SEPTIMO: SURE. WELL, THIS BILL WOULD APPLY
ONLY TO MAJOR SOURCES, AND MAJOR SOURCES ARE DEFINED BY SOURCES THAT
HAVE THE POTENTIAL TO EMIT TEN TONS PER YEAR, OR MORE PER YEAR, OF TOXIC
-- OF TOXIC AIR CONTAMINANTS, OR 25 TONS OF SORT OF A COMBINATION OF
DIFFERENT CONTAMINANTS. SO WE'RE ALREADY SORT OF IN THE REALM OF
INDUSTRY THAT WE KNOW IS CREATING A SIGNIFICANT AMOUNT OF POLLUTION
AND -- AND IMPACTING THE AMBIENT AIR QUALITY STANDARDS. ULTIMATELY,
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NYS ASSEMBLY JUNE 3, 2022
THE ISSUE THAT YOU'RE TALKING ABOUT RELATED TO FENCELINE MONITORING IS
SPECIFIC AND CAN VARY, AND THAT'S WHY IT WILL BE FOR THE DEPARTMENT TO
SET THE SPECIFIC STANDARDS AS TO HOW IT WILL BE PROMULGATED.
MR. GOODELL: THANK YOU VERY MUCH FOR THOSE
COMMENTS.
MS. SEPTIMO: SURE.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: MY DISTRICT HAD A LOT OF
MANUFACTURING, IT WAS ABOUT DOUBLE THE STATEWIDE AVERAGE. AND ONE
OF THE THINGS WE FOUND IS THAT WHEN A COMPANY WANTED TO EXPAND OR
BUILD A NEW PLANT, THEY TYPICALLY WOULD LEAVE THEIR CURRENT SITE AND
RATHER THAN BUY THE ADJACENT INDUSTRIAL PROPERTY THAT MIGHT BE VACANT,
THEY WOULD LOOK FOR A -- A CLEAN SITE. AND THEY DID THAT FOR A NUMBER
OF VERY VALUABLE FINANCIAL REASONS BECAUSE THEY DIDN'T WANT TO BUILD A
NEW SITE ON AN OLD SITE OWNED BY A PRIOR COMPANY AND THEN HAVE TO
FACE POTENTIAL ENVIRONMENTAL ISSUES. BUT AS A RESULT OF THAT, WE STARTED
TO SEE MANUFACTURING SPRAWL. AND WE'VE WORKED VERY HARD AND
SUCCESSFULLY WITH THE DEC TO IMPLEMENT A BROWNFIELD STRATEGY TO CLEAN
UP THOSE SITES, GIVE SOME LIMITED LIABILITY SO THAT WE CAN GET INDUSTRY
BACK TOGETHER INSTEAD OF SPRAWLING IT OUT.
NOW, THE PROBLEM WITH THIS BILL IS WHEN YOU SWITCH
FROM A STANDARD THAT RESTRICTS EMISSIONS TO A STANDARD THAT'S BASED ON
AIR QUALITY AT THE FENCELINE, THAT CHANGE IN MEASUREMENT ENCOURAGES
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INDUSTRY TO LOCATE AS FAR AS THEY CAN FROM ANYONE ELSE THAT MIGHT BE
PRODUCING ANY AIR POLLUTION, SO THAT THE INCOMING AIR IS CLEAN, CLEANER,
AND THE OUTGOING AIR MEETS THESE AMBIENT STANDARDS.
NOW, THIS LEGISLATION DOES ASK THE -- OR REQUIRE THE
DEC TO CONSIDER THE QUALITY OF INCOMING AIR, BUT WE NEED TO BE REALLY
CAREFUL THAT WE DON'T INADVERTENTLY ENCOURAGE INDUSTRY TO LEAVE
BROWNFIELD SITES THAT WE'VE BEEN WORKING SO HARD OVER THE LAST 20 YEARS
TO CLEAN UP AND GET THEM BACK TO, AND INSTEAD ENCOURAGE THEM TO
LOCATE, YOU KNOW, WITH INDUSTRIAL SPRAWL. SO I APPRECIATE THE OVERALL
OBJECTIVE OF TRYING TO KEEP AIR QUALITY, IN TOTAL, REASONABLE, BUT WE
DON'T WANT TO HAVE A SITUATION WHERE IF THE AIR QUALITY IS MARGINAL THEN
NEW INDUSTRY CANNOT AFFORD OR BE ABLE TO LOCATE IN THAT AREA. AND THAT'S
AN INTERESTING CONUNDRUM THAT I THINK WE NEED TO ADDRESS BEFORE WE
MOVE FORWARD.
AND SO FOR THE COMMON SET OF MY COLLEAGUE, THE
REPUBLICAN CONFERENCE WILL BE GOING WITH A PARTY VOTE ON THIS, BUT I
APPRECIATE THE SPONSOR'S VIEWS AND THE CONCERN OF HOW CAN WE KEEP
INDUSTRY TOGETHER WHILE STILL PROTECTING OVERALL AMBIENT AIR QUALITY.
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 4371-D. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
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NYS ASSEMBLY JUNE 3, 2022
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 FOR THE REASONS MENTIONED BY MY
COLLEAGUE. THOSE WHO SUPPORT IT CAN CERTAINLY VOTE YES HERE ON THE
FLOOR OR BY CONTACTING THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS ENVIRONMENTAL FRIENDLY PIECE OF LEGISLATION; HOWEVER, THERE MAY
BE SOME COLLEAGUES WHO WOULD CHOOSE TO BE AN EXCEPTION. THEY'RE
WELCOME TO CONTACT THE MAJORITY LEADER'S OFFICE OR VOTE IN CHAMBERS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MS. SEPTIMO TO EXPLAIN HER VOTE.
MS. SEPTIMO: I WOULD SIMPLY LIKE TO SAY THAT THIS,
THIS PIECE OF LEGISLATION IS IN EFFORT TO CONTINUE SENDING THE MESSAGE
THAT HERE IN NEW YORK WE CANNOT MAKE IT SO THAT OVERBURDENED
COMMUNITIES CONTINUE TO BE COLLATERAL DAMAGE FOR POLLUTING INDUSTRIES,
BECAUSE WE KNOW THAT WE ARE IN A CLIMATE EMERGENCY AND IT'S NOT
GOING TO BE PLATITUDES, IT'S NOT GOING TO BE PANIC THAT GETS US ANY CLOSER
TO AIR THAT IS MORE BREATHABLE, OR THAT GETS US ANY CLOSER TO AN
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ENVIRONMENT THAT IS MORE LIVEABLE. IT IS GOING TO BE LEGISLATION THAT IS
THOUGHTFUL, THAT IS SERIOUS, THAT IS RESPONSIBLE. AND I'M ULTIMATELY
GRATEFUL TO MY COLLEAGUES FOR THEIR SUPPORT IN THIS EFFORT, TO THE
SPEAKER, AND TO ALL OF THE STAFF WHO WORKED SO HARD TO GET THIS
LEGISLATION OVER THE LINE. THANK YOU TO MY COLLEAGUES, AND I'M LOOKING
FORWARD TO WORKING WITH ALL OF YOU ON THIS IMPORTANT BILL. THANK YOU.
ACTING SPEAKER AUBRY: MS. SEPTIMO IN THE
AFFIRMATIVE.
MS. NIOU TO EXPLAIN HER VOTE.
MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO EXPLAIN MY VOTE. I JUST WANTED TO SAY THANK YOU TO THE SPONSOR
OF THE BILL BECAUSE THIS IS AN INCREDIBLE PIECE OF LEGISLATION. AS THE
REPRESENTATIVE WHO REPRESENTS THE DISTRICT THAT 9/11 HAPPENED IN, WE
KNOW HOW THE EFFECTS OF TOXINS IN THE AIR CAN HARM US AND HARM US FOR
A VERY, VERY LONG TIME. SO WE NEED TO MAKE SURE THAT WE ARE ACTUALLY
AWARE FOR OUR COMMUNITIES AND FOR THE COMMUNITIES THAT ARE ACTUALLY
HARMED THE MOST. ENVIRONMENTAL SEGREGATION IS VERY REAL, AND WE
HAVE TO MAKE SURE THAT THE COMMUNITIES THAT ARE AFFECTED THE MOST ALSO
HAVE THE MOST PROTECTIONS. THANK YOU SO MUCH TO THE SPONSOR. I VOTE
IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. NIOU IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. KEITH BROWN, MR.
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SCHMITT, MS. GIGLIO. THAT SHOULD BE IT, I HOPE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MR. GOODELL: I APOLOGIZE, I DO HAVE MORE
COMING IN: MR. SMITH, MR. DESTEFANO, AND MR. MIKULIN.
ACTING SPEAKER AUBRY: WE'LL TAKE ALL YOU
GIVE US.
MR. GOODELL: AND AFTER WE CLOSE THE VOTE, WE'LL
-- WE'LL CONTINUE TO MAKE CHANGES, I'M SURE. 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 15, RULES REPORT NO. 562, THE CLERK WILL READ.
THE CLERK: SENATE NO. S08884-A, RULES -- RULES
REPORT NO. 562, SENATOR HOYLMAN (CRUZ, FERNANDEZ, GONZÁLEZ-ROJAS,
HEVESI, REYES, QUART--A09418-A). AN ACT TO AMEND THE PUBLIC HEALTH
LAW AND THE STATE FINANCE LAW, IN RELATION TO ENACTING THE LORENA
BORJAS TRANSGENDER AND GENDER NON-BINARY (TGNB) WELLNESS AND
EQUITY FUND.
ACTING SPEAKER 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 8884-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.
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NYS ASSEMBLY JUNE 3, 2022
(THE CLERK RECORDED THE VOTE.)
MS. CRUZ TO EXPLAIN HER VOTE.
MS. CRUZ: THANK YOU, MR. SPEAKER. AND THANK
YOU TO OUR COLLEAGUE FROM THE OTHER SIDE BECAUSE I WAS EXPECTING A
DEBATE ON THIS. THIS BILL IS -- IS NAMED AFTER A DEAR FRIEND OF MINE THAT
PASSED DURING COVID. IT'S FITTING THAT WE WOULD HAVE PASSED IT DURING
THE START OF PRIDE MONTH. OUR TGMB COMMUNITY, TRANSGENDER AND
GENDER NONCONFORMING FOLKS, THERE ARE MORE THAN A 100,000 OF THEM IN
NEW YORK, AND THEY HAVE FACED HORRIFIC SOCIAL DISPARITIES THAT INCLUDE
UNEMPLOYMENT, UNDEREMPLOYMENT, FOOD INSECURITY, VIOLENCE, AND SO
MUCH MORE. BUT THE ORGANIZATIONS THAT GENERALLY ARE MEANT TO PROVIDE
THEM WITH THE SAFETY NET SERVICES ARE ONLY RECEIVING RIGHT NOW ABOUT
FOUR CENTS OUT OF EVERY $100; FOUR CENTS OUT OF EVERY $100.
AND TODAY, WE BEGIN A HISTORIC CHANGE. WE ARE ONLY
THE SECOND STATE IN THE COUNTRY TO CREATE A FUND OF THIS TYPE. THEY WERE
-- WE WERE GOING TO MAKE SURE THAT COMMUNITY ORGANIZATIONS THAT ARE
DEDICATED TO IMPROVING THE LIVES OF TGMB FOLKS ARE GOING TO DO
EXACTLY THAT. AND I AM SO THANKFUL TO MY COLLEAGUES WHO ARE GOING TO
VOTE IN THE AFFIRMATIVE. LORENA WAS AN AMAZING HUMAN. SHE LOST HER
LIFE DURING COVID. BUT WHILE SHE WAS ALIVE, SHE TOOK CARE OF SO MANY
PEOPLE IN JACKSON HEIGHTS, CORONA AND ELMHURST, ESPECIALLY OUR
TRANSGENDER LATINAS. SHE WOULD GO OUT INTO THE STREET EVERY NIGHT AND
MAKE SURE THEY HAD FOOD, MAKE SURE THEY HAD PROTECTION. SHE MADE
SURE THAT PEOPLE HAD ACCESS TO IMMIGRANT LEGAL SERVICES. SHE MADE
SURE THAT OUR CHICAS, AS SHE CALLED THEM, HAD AN OPPORTUNITY AT A BETTER
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LIFE. AND TODAY, WITH THIS IN HER HONOR, WE'RE ABLE TO ACTUALLY CHANGE
HISTORY.
I AM SO EXTREMELY THANKFUL TO THE ADVOCATES WHO
HELPED US MAKE SURE THAT WE -- THIS WOULD COME TO LIFE TODAY,
ESPECIALLY THE FOLKS IN THE NEW PRIDE AGENDA, ELISA CRESPO; MY DEAR
FRIENDS MELISSA SKLARZ AND (INAUDIBLE) AT THE GENDER EQUALITY, EMPIRE
JUSTICE, GLITS AND THE ALBANY DAMIEN CENTER. IT IS BECAUSE OF YOU
THAT WE'RE ABLE TO MAKE HISTORY. WE PUT IN $1 MILLION DURING THE
BUDGET AND TODAY, JUST LIKE WE DID WITH NOURISH NEW YORK, WE ARE
MAKING IT PERMANENT. WE ARE MAKING HISTORY AND FOR THAT, I THANK YOU
ALL, AND I'LL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. CRUZ IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. SCHMITT AND MR. BRABENEC IN THE NEGATIVE. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 16, RULES REPORT NO. 589, THE CLERK WILL READ.
THE CLERK: SENATE NO. S09382, RULES REPORT NO.
589, SENATOR PARKER (COMMITTEE ON RULES--FAHY--A10450). AN ACT TO
AMEND THE EXECUTIVE LAW, IN RELATION TO THE PURCHASE OR LEASE OF ZERO
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NYS ASSEMBLY JUNE 3, 2022
EMISSION VEHICLES FOR STATE-OWNED VEHICLE FLEETS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. FAHY.
MS. FAHY: THANK YOU, MR. SPEAKER. THIS BILL IS --
IS A FOLLOW-UP, IF YOU WILL, RELATING TO CHANGES FROM A BILL WE HAD
ADOPTED EARLIER THIS SESSION WHICH IS TO EXPAND THE OGS, THE STATE'S
OFFICE OF GENERAL SERVICES, TO PROCURE ELECTRIC VEHICLES OR ZERO
OMISSION VEHICLES AS A PART OF THEIR STATE FLEET AS THEY PHASE THEM OUT.
THIS -- WHAT WE'RE DOING NOW ARE THE CHANGES THAT WE MADE FROM THAT
BILL ADOPTED A NUMBER OF WEEKS AGO THAT WOULD REQUIRE THE
COMMISSIONER OF OGS TO INCLUDE A REQUIREMENT FOR PROCURING THESE
ZERO EMISSION VEHICLES TO USE PARTS AND SUPPLY COMPONENTS THAT ARE
MADE IN WHOLE OR BY SUBSTANTIAL PART IN -- IN THE U.S. AND ITS -- ITS
TERRITORIES. VERY SIMILAR TO WHAT WE DID WITH SCHOOL BUSES IN THE
BUDGET WE ADOPTED A COUPLE OF MONTHS AGO.
ACTING SPEAKER AUBRY: MR. PALMESANO.
MR. PALMESANO: YES, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD?
MS. FAHY: YES, I'LL BE HAPPY TO.
ACTING SPEAKER AUBRY: MS. FAHY YIELDS, SIR.
MR. PALMESANO: THANK YOU, MS. FAHY. I'M
ASKING QUESTIONS, I'M -- I'M SOMEWHAT INTRIGUED BY THE BILL ON SOME
PARTS OF IT I WANTED TO ASK YOU BECAUSE I KNOW YOU MENTIONED ABOUT
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NYS ASSEMBLY JUNE 3, 2022
THE PART THAT WOULD REQUIRE THE MANUFACTURING AND RETROFITTING COME
FROM -- BEING PRODUCED HERE IN THE -- IN NEW YORK OR THE UNITED
STATES; IS THAT CORRECT?
MS. FAHY: YES.
MR. PALMESANO: NOW --
MS. FAHY: SORRY, I'M HAVING A HARD TIME HEARING
YOU SO IF WOULD YOU JUST SPEAK UP A LITTLE BIT FOR ME.
MR. PALMESANO: YEAH.
MS. FAHY: THANK YOU.
MR. PALMESANO: SO WHEN YOU TALK ABOUT THE
COMPONENTS AND PARTS BEING PRODUCED, ARE THERE ANY SPECIFIC
COMPONENTS OR PARTS THAT YOU MIGHT BE REFERRING TO?
MS. FAHY: NO, I THINK --
MS. PALMESANO: FOR PRO ELECTRIC VEHICLES. I
MEAN, YEAH, BECAUSE I KNOW YOU MENTIONED -- THE LANGUAGE MENTIONS
COMPONENTS AND PARTS. ARE THERE ANY SPECIFIC COMPONENTS OR PARTS
YOU MIGHT BE REFERRING TO?
MS. FAHY: NO, I THINK IT'S -- IT'S STANDARD LANGUAGE
AND --
MR. PALMESANO: OKAY.
MS. FAHY: -- AND THESE ARE THE CHARGING -- THE -- THE
-- THE CHARGING COMPONENTS, AS WELL AS THE -- THE VEHICLES SO IT'S --
MR. PALMESANO: OKAY.
MS. FAHY: -- SO IT'S -- IT'S STANDARD, AGAIN, SIMILAR TO
WHAT WE DID WITH SCHOOL BUSES IN THE BUDGET.
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MR. PALMESANO: ALL RIGHT. AND YOU KNOW, AND
I'VE OBVIOUSLY BEEN TALKING ON THE FLOOR A LOT ABOUT ELECTRIC VEHICLES
AND -- AND THE ELEMENTS FOR THESE, YOU KNOW, THAT ARE COME -- THAT
MAKE TO PRODUCE THE BATTERIES THAT GO IN THE ELECTRIC VEHICLES. SO WHEN
YOU TALK ABOUT COMPONENTS AND PARTS LIKE COBALT AND LITHIUM, ARE
THOSE, BASED ON THIS LEGISLATION, SUPPOSED TO BE MADE AND PROCESSED
HERE IN THE UNITED STATES, OR IS THAT NOT ADDRESSED, THIS ISSUE
SPECIFICALLY?
MS. FAHY: IT IS AND YES, THAT IS THE IDEAL TO HAVE
THOSE PRODUCED IN THE U.S. SO I'M HOPING YOU'RE LIKING THIS -- THESE --
THESE AMENDMENTS. BUT -- BUT AGAIN, THERE IS, OF COURSE, WAIVERS THAT
COULD BE ADOPTED WHERE THEY MAY NOT AVAILABLE AND WE AGREED --
MR. PALMESANO: RIGHT.
MS. FAHY: -- WE SHOULD HAVE THEM MORE READILY
AVAILABLE HERE IN THIS COUNTRY, OR IF IT'S AN UNREASONABLE COST. SO THERE
ARE -- THERE ARE WAIVER PROCESSES.
MR. PALMESANO: LET ME GET TO THE PART ABOUT THE
WAIVER, BECAUSE THERE'S A COUPLE OF PARTS IN THERE. IT SAYS LIKE IF -- IF
IT'S DETERMINED THAT THE REQUIREMENTS WOULD, ONE, NOT BE IN THE PUBLIC
INTEREST OR IT WOULD RESULT IN UNREASONABLE COST, OR THE PRODUCTS
COULDN'T BE HERE, WHAT IF THOSE DEFINITIONS REALLY CONTRADICT EACH OTHER
WHEN YOU SAY NOT IN THE PUBLIC INTEREST AND THEN UNREASONABLE COSTS SO
THEY CAN'T BE MADE HERE. FOR CASE, AN EXAMPLE, WE KNOW COBALT, WE
KNOW 70 PERCENT OF IT IS -- IS BASICALLY EXTRACTED IN THE DEMOCRATIC
REPUBLIC OF CONGO AND WE KNOW THAT -- WE KNOW THAT THEY ARE USING
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CHILD LABOR, SOME ESTIMATE IT 35,000 OR 40,000 KIDS ARE ESTIMATED TO BE
MINING THESE ARTESIAN MINES TO EXTRACT COBALT, WHICH IS USED TO PRODUCE
THESE VEHICLES, AND WE KNOW THESE CHILDREN ARE DYING, THEY'RE BEING
MAIMED FROM MINING AND THEY'RE BEING SERIOUSLY HURT FROM THESE
MINING COLLAPSES.
SO IF THAT'S NOT -- I WOULD SAY THAT'S NOT IN THE PUBLIC
INTEREST, BUT IF THAT'S WHERE THEY HAVE TO GO TO GET THE -- THE MATERIALS
BECAUSE THEY CAN'T SOURCE IT IN THE UNITED STATES, WHERE DOES IT --
WHERE DO WE WEIGH OUT IN THE FAVOR OF THIS ARGUMENT? DO WE SAY
WELL, BECAUSE WE CAN'T SLOW DOWN THE -- THE PRODUCTION OF ELECTRIC
VEHICLES SO WE'RE GOING TO COMPROMISE WHAT'S IN THE PUBLIC INTEREST AT
THE -- FOR -- FOR THE PUBLIC, FOR COSTS BECAUSE WE CAN'T PRODUCE IT HERE?
SO HOW DO YOU -- HOW DO YOU DETERMINE THAT? WHO MANAGES THAT
EXPECTATION?
MS. FAHY: FIRST OF ALL, I -- I UNDERSTAND YOUR
CONCERNS AND -- AND I APPRECIATE YOU RAISING SOME OF THEM. AS YOU
KNOW, MUCH OF THIS IS TIED TO EXISTING FEDERAL TRADE -- TRADE AGREEMENTS
OR INTERNATIONAL TRADE AGREEMENTS. BUT IN -- IN TERMS OF THE FINAL
DETERMINATION, WE ARE LEAVING THAT TO THE COMMISSIONER OF OGS AND
CERTAINLY WE ALL HOPE THE INDUSTRY IS -- WILL CHANGE. WE ALL KNOW WE
NEED TO GROW THE -- THE BATTERY INDUSTRY HERE IN THIS COUNTRY. AND
AGAIN, THIS LEGISLATION IS DESIGNED TO PROMOTE THAT, ENCOURAGE THAT, AND
-- AND PUSH IT TO THE EXTENT REASONABLE OR TO THE EXTENT FEASIBLE, BUT
AGAIN, ALLOWING THE COMMISSIONER TO HAVE THAT ABILITY --
MR. PALMESANO: RIGHT.
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MS. FAHY: -- TO MAKE THOSE CHANGES WHERE --
WHERE APPROPRIATE, BECAUSE WE ARE ALSO ACCOUNTABLE FOR THE TAXPAYER
DOLLARS ON THIS.
MR. PALMESANO: SURE AND I -- AND I APPRECIATE
THE EFFORT YOU'RE TRYING TO MAKE HERE, I THINK I JUST WANT TO GET AT SOME
OF THE -- MORE DETAILS. AND WHEN WE TALK ABOUT WHAT'S IN THE PUBLIC
INTEREST AND MAYBE WE WANT TO TRY TO DO THOSE THINGS, BUT MAYBE IT'S
NOT FEASIBLE BECAUSE WE KNOW LIKE 70 PERCENT OF IT IS -- IS EXTRACTED IN
THE DEMOCRATIC REPUBLIC OF CONGO. WE KNOW 87 PERCENT OF THESE
MATERIALS ARE PROCESSED IN CHINA SO AND -- AND OTHER COUNTRIES. SO
WHEN WE TALK ABOUT THE PUBLIC INTERESTS AROUND THIS ISSUE, IF WE KNOW
THAT CHILD LABOR IS BEING USED, SHOULDN'T WE BE TAKING OTHER ACTIONS
HERE AS A STATE, MAYBE LOOKING EVEN AT -- MAYBE IT'S KIND OF OFF THE
TOPIC, BUT IT'S KIND IN THIS CONCEPT OF DIVESTING OUR STATE FROM, YOU
KNOW, MAYBE PENSION FUNDS FROM THAT ISSUE? BECAUSE WE DO -- WE'VE
USED THOSE STATE PENSION FUND AND THE COMPTROLLER TO DIVEST FOR --
FROM FOSSIL FUELS. WE'VE USED -- THE COMPTROLLER'S USED HIS OFFICE TO
DIVEST FROM FIREARMS. HE'S USED THE -- THE COMPTROLLER'S OFFICE TO
DIVEST FROM WHAT'S GOING ON WITH RUSSIA AND UKRAINE. SO WOULDN'T
CHILD LABOR AND CHILDREN DYING, WOULDN'T THAT BE IN THE PUBLIC INTEREST?
SHOULDN'T THAT BE SOMETHING WE SHOULD -- WE SHOULD BE ABLE TO AGREE
TO IF THESE COMPANIES ARE USING CHILD LABOR AND CAN'T DOCUMENT THAT
THEY'RE NOT USING CHILD LABOR, THAT WE AS A STATE BEING THE, YOU KNOW,
THE EMPIRE STATE WHO IS LEADING THAT EFFORT AND MAYBE LOOK AT THAT
ISSUE IF WE CAN'T DO THIS SPECIFICALLY WITH THIS BILL?
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MS. FAHY: A -- A COUPLE OF POINTS ON THAT.
MR. PALMESANO: SURE.
MS. FAHY: ONE, I THINK SOME OF WHAT YOU'RE
SUGGESTING IS REALLY GOING BEYOND THE SCOPE OF THIS LEGISLATION. BUT
CERTAINLY, THIS LEGISLATION, BECAUSE OF TRYING TO PUSH MANUFACTURING AND
GROWING --
MR. PALMESANO: SURE.
MS. FAHY: -- THAT HERE IN THIS COUNTRY AND PUTTING
THAT PREFERENCE, IF NOT PRIORITY OR -- OR FULL REQUIREMENT ON THE
MANUFACTURING AND THE PURCHASING OF THESE PRODUCTS AND COMPONENTS
IN THIS COUNTRY, THAT WILL CERTAINLY HELP THE -- HELP GROW THE MARKETS
HERE AND THE MANUFACTURING BASE HERE. BUT I SHOULD ALSO ADD WE
TALKED A LITTLE BIT ABOUT RIGHT TO REPAIR EARLIER TODAY, AND WE KNOW FROM
THE -- WHEN SMARTPHONES AND -- AND CELL PHONES BECAME SO
COMMONPLACE, A NUMBER OF THOSE ISSUES WERE ADDRESSED IN THE LAST TEN
TO 20 YEARS AND WE'VE MADE A LOT OF PROGRESS ON THAT. I WOULD HOPE AS
WE MOVE TOWARD GROWING ELECTRIC VEHICLE FLEETS, WHETHER IT'S THE STATE
OR WHETHER IT'S OUR OVERALL TRANSPORTATION FLEET, THE PRESSURE WILL
CONTINUE TO GROW. CERTAINLY NOBODY WOULD ADVOCATE FOR -- FOR CHILD
LABOR HERE. SO -- SO AGAIN, I SEE THIS BILL AS MOVING IN THE RIGHT
DIRECTION --
MR. PALMESANO: SURE.
MS. FAHY: -- BUT SOME OF WHAT YOU'RE ADDRESSING IS
REALLY BEYOND THE SCOPE OF THIS -- THIS INDIVIDUAL BILL.
MR. PALMESANO: HEY, I -- I UNDERSTAND THAT
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BECAUSE -- I KIND OF JUST BROUGHT THAT INTO THE DISCUSSION, BUT I JUST
THINK WE'RE FROM -- WHEN WE TALK ABOUT WHAT'S IN THE PUBLIC INTEREST,
AND I THINK WHAT YOU'RE SAYING I -- I LIKE THE IDEA OF TRYING TO --
ANYTHING WE CAN SOURCE AND USE HERE IN THE UNITED STATES, IF WE CAN
USE MATERIALS, WHATEVER THEY MAY BE, BEING MANUFACTURED HERE
BECAUSE WE KNOW IF IT'S DONE HERE THERE'S ENVIRONMENTAL, THERE'S
HUMAN RIGHTS ISSUES THAT ARE GOING TO BE PROTECTED IF THEY'RE HERE. I
MEAN, THE SAME ISSUE I THINK FALLS THROUGH WHEN WE TALK ABOUT THE
PROMOTION OF SOLAR AND USING SOLAR. WE KNOW THAT, I BELIEVE, SOME 80
PERCENT OF THE SOLAR IS COMING FROM CHINA, AND THAT'S ANOTHER ISSUE THAT
COMES OUT. AND THE REASON THEY DON'T WANT TO TRY TO DO MORE HERE IS
WELL, THEY CAN'T, THEY CONTROL THE MARKET, IS BECAUSE OF COST FACTORS AND
I THINK EVEN THE -- THE GOVERNOR SIGNED ONTO A LETTER TO THE PRESIDENT
SAYING WE NEED TO, YOU KNOW, LOOK AT -- INSTEAD OF EVALUATING THAT AND
HURRY IT UP, I THINK THAT'S KIND OF CONCERNING BECAUSE WE KNOW THERE'S
THE HUMAN RIGHTS VIOLATIONS GOING ON IN CHINA WITH THE SOLAR, I KNOW
I'M STEPPING ASIDE FROM THE BILL.
SO I LIKE THE FACT THAT YOU'RE TRYING TO ADDRESS THIS
ISSUE FROM THAT PERSPECTIVE TO SEE WHAT WE CAN DO HERE. I THINK -- I
THINK I'D JUST SEE HOPEFULLY A LITTLE BIT MORE, YOU KNOW, MORE TEETH IN IT
BOTH THROUGH THE LEGISLATIVE SIDE TO LOOK AT THESE PROTECTIONS OF THESE
INTERESTS THERE. SO BECAUSE I KNOW YOU MENTIONED ABOUT, YOU KNOW,
WITH THE WORK -- WORKFORCE PART OF IT, ABOUT PROTECTING THE WORKFORCE
AND I -- I THINK WHEN I HEAR THAT I JUST THINK ABOUT UNFORTUNATELY THESE
KIDS IN CHINA OR KIDS IN THE CONGO THAT ARE IN THESE WELLS, THESE MINES
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AND THEY'RE BEING HURT OR KILLED SO -- BUT I -- I DO APPRECIATE WHAT
YOU'RE DOING ON THIS. SO I -- I GUESS I CAN GO ON THE BILL, AND I REALLY
APPRECIATE YOUR TIME.
MS. FAHY: THANK YOU.
MR. PALMESANO: YES, MR. SPEAKER. I CERTAINLY
APPRECIATE WHAT THE SPONSOR'S INTENTION HERE IS WITH THIS LEGISLATION. I
THINK PROBABLY THERE'LL BE A NUMBER OF PEOPLE ON OUR SIDE OF THE AISLE
WHO VOTE FOR IT BECAUSE I THINK IT'S A GOOD -- TO MOVE FORWARD. I'VE
BEEN CRITICAL OF THE ELECTRIC VEHICLE ISSUE FOR A NUMBER OF REASONS, BUT I
THINK IF WE'RE TRYING TO TAKE THIS APPROACH TO CLEAN ENERGY WHETHER IT'S
ELECTRIC VEHICLES, SOLAR, THE MORE THE MANUFACTURING THINGS WE CAN DO
IN THE UNITED STATES, WE KNOW THERE'S GOING TO BE STRICTER AND BETTER
ENVIRONMENTAL REGULATIONS, CERTAINLY HUMAN RIGHTS REGULATIONS WHICH
WE KNOW IS NOT HAPPENING IN THE CONGO, WE KNOW IT'S NOT HAPPENING
IN CHINA, AND I THINK THOSE THINGS NEED TO BE ADDRESSED AS WE MOVE
FORWARD, TOO.
I THINK I WOULD JUST LIKE TO SAY I THINK WE, YOU KNOW,
AND I KNOW WE TALKED ABOUT IT AND THE SPONSOR MENTIONED IT THAT SOME
OF THESE THINGS ARE GOING TO BE -- HAVE TO BE ADDRESSED AT THE FEDERAL
LEVEL, AND I THINK THAT'S WHERE PART OF MY PROBLEM IS BECAUSE WHENEVER
WE TALK ABOUT THE CLCPA OUT HERE, WHENEVER I CRITICIZE IT, GIVEN THE
FACT THAT NEW YORK ONLY CONTRIBUTES .4 PERCENT OF THE TOTAL GLOBAL
EMISSIONS AND CHINA CONTRIBUTES 29 PERCENT, YOU KNOW, WHAT IMPACT
ARE WE TRULY, TRULY GOING TO MAKE WHEN CHINA CONTINUES TO BUILD COAL
PLANTS, CONTINUES TO EMIT MORE THAN ANYONE ELSE, WE KNOW IN THE FIRST
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QUARTER OF 2021 THEY EMITTED 14.5 PERCENT AND I THINK -- SO WHENEVER I
BRING THAT UP, THOUGH, EVERYONE SAYS -- I HEAR OVER AND OVER AGAIN,
WE'RE GOING TO LEAD, WE'RE GOING TO LEAD, WE'RE GOING TO LEAD. BUT
UNFORTUNATELY, WHEN I BRING UP THE CHILD LABOR ISSUE AND WHAT'S GOING
ON IN THE DEMOCRATIC REPUBLIC OF CONGO WHERE I KNOW THERE ARE
PEOPLE WHO CAME HERE, WHO'VE SEEN IT, ADVOCATING FOR IT, WE KNOW THAT
THERE ARE THESE MINING COLLAPSES, THAT CHILDREN ARE DYING, THEY'RE BEING
MAIMED AND PERMANENTLY INJURED. AND THESE KIDS, THEY ESTIMATE SOME
35- TO 40,000 KIDS ARE -- ARE WORKING IN THESE MINES AND UNFORTUNATELY
IT'S SAD THAT THESE -- YOU THINK WHY AREN'T THESE KIDS GOING TO SCHOOL,
BECAUSE THE GOVERNMENT CHARGES THEM $6 A MONTH TO GO AND THEN THEY
-- THEY MIGHT MAKE -- THEY GET ROUNDED UP IN THESE GANGS TO GO WORK IN
THESE WORK -- IN THESE MINES AND GET ABOUT A $1 OR $2 A DAY BECAUSE
THEY'RE -- THE PERSON ORGANIZING GETS MOST OF THE MONEY.
AND I JUST THINK WE AS A STATE NEED TO STAND UP MORE
TO THIS ISSUE AND NOT SAY, WELL, IT'S THE FEDERAL GOVERNMENT'S
RESPONSIBILITY. I JUST DON'T THINK THAT'S A -- A RESPECTABLE ANSWER. IT'S
NOT ENOUGH TO SAY WE'RE GOING TO LEAD ON THE ONE SIDE WHEN WE'RE NOT
MAKING THE -- THE MAJOR GLOBAL EMISSIONS, BUT ON THE OTHER SIDE WHEN IT
COMES TO WHAT'S GOING ON WITH CHILD LABOR USED TO PRODUCE THE COBALT
THAT'S USED TO MAKE THESE BATTERIES THAT POWER THESE ELECTRIC VEHICLES, I
JUST THINK IT'S NOT ENOUGH WHEN THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION SAYS IT'S THE FEDERAL GOVERNMENT'S RESPONSIBILITY, IT'S NOT
OURS, WE NEED THEM TO LEAD. I JUST DON'T THINK THAT'S THAT -- THAT'S
INCOHERENT WITH THE ARGUMENT ON THIS ISSUE.
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I THINK THERE'S A LOT MORE WE CAN DO ON THIS ISSUE.
WHEN WE TALK ABOUT -- EVEN THIS LEGISLATION TALKS ABOUT WHAT'S IN THE
PUBLIC INTEREST AND UNREASONABLE COSTS, AND IT'S NICE TO HEAR THE OTHER --
THE OTHER SIDE OF THE AISLE TALK ABOUT WORRYING ABOUT COSTS AND I --
WE'VE BEEN TALKING ABOUT COSTS AND AFFORDABILITY WHEN IT COMES TO THE
CLCPA AND THE -- THE RUNAWAY FREIGHT TRAIN THAT'S HAPPENING --
HEADING TOWARDS OUR CONSTITUENTS WHETHER IT'S FOR -- FOR FULL
ELECTRIFICATION, NOT JUST ELECTRIC VEHICLES, BUT FULL ELECTRIFICATION, THE
HOME CONVERSION COST COME 2030 WITH -- WHEN YOUR GAS BOILER OR
STOVE BREAKS, OR A GAS APPLIANCE BREAKS, YOU CAN'T REPLACE IT WITH A
NATURAL GAS BOILER, YOU'RE GOING TO HAVE TO FULLY ELECTRIFY YOUR HOME TO
THE TUNE OF SOME $35,000. HOW MANY OF YOUR FAMILIES, HOW MANY OF
YOUR SENIORS CAN AFFORD THAT? HOW MANY OF YOUR FAMILIES AND SENIORS
KNOW THAT'S COMING THEIR WAY? BECAUSE IT'S COMING BASED ON WHAT
THIS -- THE CLIMATE ACTION COUNCIL IS DOING.
AND I THINK THERE'S A LOT MORE WE CAN DO. AND IF WE
WANT TO TALK ABOUT BEING SERIOUS ABOUT CHILD LABOR AND HUMAN RIGHTS
VIOLATIONS, IF THOSE THINGS WERE HAPPENING IN -- IN NEW YORK OR THE
UNITED STATES, NO ONE WOULD ACCEPT THAT. EVERYONE WOULD BE STANDING
UP AND SCREAMING ABOUT IT. BUT IT'S REALLY KIND OF QUIET FROM A LOT OF
PEOPLE UP HERE IN THE CAPITOL, WHETHER IT'S THE EXECUTIVE, WHETHER IT'S
THIS CHAMBER WHEN THIS ISSUE IS BROUGHT UP, AGAIN, BECAUSE THEY WANT
TO PASS THE BUCK TO THE FEDERAL GOVERNMENT. AND I JUST THINK THAT'S
UNACCEPTABLE.
THERE ARE THINGS WE CAN DO HERE. MAYBE WE CAN LOOK
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AND PUT SOME PROVISIONS IN THIS LEGISLATION SAYING THAT IF IT'S NOT -- IF
YOU CAN'T DOCUMENT THAT CHILD LABOR IS NOT BEING USED TO PRODUCE THESE
MATERIALS, IF YOU CAN'T DOCUMENT IT THEN WE'RE NOT GOING TO ALLOW IT.
PERIOD. AND THE SAME THING WITH THE COMPTROLLER. HE'S DIVESTED FROM
-- HE -- HE DOESN'T NEED LEGISLATION TO DO THAT. WE HAVE LEGISLATION THAT
WOULD REQUIRE THAT, BUT HE DOESN'T NEED LEGISLATION TO DO THAT. IT'S
SIMPLE. HE'S DONE IT, HE'S DIVESTED FROM FOSSIL FUELS WHICH MANY ON
YOUR SIDE OF THE AISLE APPLAUDED. DIVESTED FROM FIREARMS, WHICH MANY
ON YOUR SIDE OF THE AISLE HAVE APPLAUDED. AND THERE'S OTHER THINGS. SO
WHY NOT CHILD LABOR AND KIDS IN OTHER COUNTRIES BEING EXPOSED AND
DYING ALL TO PRODUCE THE ELECTRIC VEHICLES THAT WE CONTINUE TO TOUT AS A
GREAT, WONDERFUL THING FOR OUR ENVIRONMENT? WHY WOULD THAT NOT BE
SOMETHING WE SHOULD SAY AND STAND UP AND SAY, LISTEN, IF THESE
COMPANIES CAN'T DOCUMENT THAT THEY ARE NOT USING CHILD LABOR IN THE
PRODUCTION OF THE BATTERIES AND THE MATERIALS THAT ARE SOURCED TO
PRODUCE THEM, IF THEY'RE NOT GETTING DOCUMENTED THAT THEY'RE NOT USING
CHILD LABOR, THEN WE'RE NOT GOING TO ALLOW OUR STATE PENSION SYSTEM TO
INVEST IN THEM AND WE'RE NOT GOING TO LET OUR STATE RESOURCES TO INVEST
IN THEM.
AND THAT'S WHAT I THINK -- WHAT I DO LIKE ABOUT THIS
LEGISLATION THAT I WOULD TELL THE SPONSOR, I LIKE THE APPROACH IT'S GOING, I
KNOW THAT YOU CAN'T DO ALL OF IT. I HOPE YOU KEEP THIS IN MIND AND I
HOPE THE ADMINISTRATION AND OTHERS KEEP THIS IN MIND, BUT THIS IS
SOMETHING I'M GOING TO CONTINUE TO TALK ABOUT. FORTUNATELY FOR YOU,
WE'RE LEAVING TODAY AND YOU WON'T HAVE TO HEAR ME TALK ABOUT IT TOO
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NYS ASSEMBLY JUNE 3, 2022
OFTEN, BUT I WILL CONTINUE TO TALK ABOUT IT IN DIFFERENT WAYS BECAUSE I
THINK IT'S THE RIGHT -- RIGHT THING TO DO. WE CAN'T LET OUR -- OUR PUSH
TOWARDS FULL ELECTRIFICATION AND -- AND OUR CLEAN ENERGY GOALS COME AT
THE EXPENSE OF CHILDREN WHO ARE ACTUALLY DYING AND BEING MAIMED IN
ANOTHER COUNTRY TO PRODUCE THESE VEHICLES THAT ARE GOING TO POWER THE
ELECTRIC VEHICLES THAT EVERYONE SEEMS TO TOUT. AND HOW IRONIC IS IT
GOING TO BE WHEN WE'RE TALKING ABOUT THE SCHOOL BUS MANDATE, WE
KNOW HOW COSTLY THAT'S GOING TO BE WHEN ONE -- ONE ELECTRIC SCHOOL BUS
COSTS $350,000 AND AN EXISTING SCHOOL BUS COSTS $110- OR $120,000
BUT, YET, WE'RE GOING TO PUT OUR CHILDREN ON THESE SCHOOL BUSES, GET THE
PICTURE, OUR KIDS ARE GOING ON THESE SCHOOL BUSES, THEY'VE BEEN --
UNDERNEATH ARE BATTERIES THAT ARE -- THAT ARE -- THAT ALL THOSE BATTERIES
THAT ARE ON THE SCHOOL BUSES, THE COMPONENTS, THE MATERIALS, THE COBALT,
LITHIUM ARE BEING EXTRACTED THROUGH MINING BY CHILDREN IN THE
DEMOCRATIC REPUBLIC OF CONGO WHO ARE DYING TO DO THAT. HOW, JUST,
CONTRADICTORY AND IRONIC IS THAT?
AGAIN, I JUST DON'T THINK IT'S ENOUGH FOR THIS CHAMBER
TO SAY IT'S UP TO THE FEDERAL -- THESE ARE CONCERNS WE ALL HAVE AND IT'S
UP TO THE FEDERAL GOVERNMENT TO TAKE CARE OF IT. IF WE'RE GOING TO BE
THE EMPIRE STATE, IF WE'RE GOING TO LEAD ON THE CLCPA, WE KEEP
SAYING WE'RE GOING TO LEAD, YOU CAN'T LEAD ON ONE PART AND PUT YOUR
HEAD IN THE SAND IN THE OTHER PART AND SAY IT'S THE FEDERAL GOVERNMENT'S
RESPONSIBILITY BECAUSE THE OTHER PART YOU WANT TO LEAD ON, WE'RE NOT
MAKING A DIFFERENCE OR AN IMPACT ON IT BECAUSE IT'S NOT GOING TO -- IT'S
NOT GOING TO HAPPEN AND WE KNOW WHAT --
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ACTING SPEAKER AUBRY: MR. PALMESANO.
MR. PALMESANO: YEAH.
ACTING SPEAKER AUBRY: I THINK YOUR TIME HAS
EXPIRED.
MR. PALMESANO: YES, IT HAS. I WON'T ASK FOR
ANOTHER 15, SO I THINK I MADE MY POINT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. PALMESANO: THANK YOU, MS. --
ACTING SPEAKER AUBRY: AGAIN, YOU HAVE
MADE YOUR POINT.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9382. 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. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER. I APPRECIATE
THE OPPORTUNITY TO EXPLAIN MY VOTE. AND I -- I WANT TO NOT JUST
COMMEND THE SPONSOR, BUT I ALSO WANT TO SAY THAT WE ALL CARE ABOUT THE
ABUSE OF PEOPLE ACROSS THE WORLD. CERTAINLY, WE GET CHEAP TEXTILES
BECAUSE PEOPLE ARE BEING PAID, YOU KNOW, 50 CENTS TO MAKE THE SHIRTS
THAT WE CAN BUY FROM VARIOUS COMPANIES HERE IN THE -- IN OUR COUNTRY
THAT'S BEEN IMPORTED FROM SOMEWHERE ELSE. AND WE'VE HAD A CENTURY
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NYS ASSEMBLY JUNE 3, 2022
OF POISONING COMMUNITIES ACROSS THE GLOBE WITH FOSSIL FUEL, OIL THAT HAS
BEEN LEACHED INTO STREAMS, CHEMICALS THAT ARE PRODUCED ELSEWHERE THAT
HAVE LEACHED INTO THE FIELDS FROM WHAT PEOPLE -- WHERE PEOPLE ARE
TRYING TO GROW THEIR FOOD.
SO THERE'S A GREAT DEAL THAT WE NEED TO DO TO TRY TO
CLEAN UP THE EARTH AND TO BE MORE HUMANE. BUT -- AND I APPRECIATE THE
PASSION OF MY COLLEAGUE, BUT MOVING TOWARDS MORE RENEWABLE ENERGY,
CLEANER ENERGY IS NOT GOING TO COME EASY. AND I AGREE, WE HAVE TO BE
CONCERNED ABOUT IT. BUT WE SHOULD HAVE BEEN CONCERNED ABOUT ALL OF
THE VARIOUS ENVIRONMENTAL DEGRADATION THAT HAS OCCURRED ACROSS THE
GLOBE FOR THE CONVENIENCE OF THE DEVELOPED WORLD.
SO I THINK THIS IS A GREAT STEP AND I APPRECIATE THE
FOCUS ON ENVIRONMENTAL FRIENDLY VEHICLES ON THE BEHALF OF THE SPONSOR
AND I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
MR. PALMESANO.
MR. PALMESANO: I'M BACK, SORRY. LISTEN, I JUST
WANTED TO SAY BECAUSE I COULDN'T FINISH WHEN I CONCLUDED MY
COMMENTS, I -- THIS LEGISLATION, THE -- THE ATTEMPT BY THE SPONSOR, I
APPRECIATE WHAT'S IN HERE. I THINK IT'S A STEP IN THE RIGHT DIRECTION. I
JUST DON'T THINK IT GOES FAR ENOUGH BECAUSE OF THE ISSUE I BROUGHT UP, I'D
LIKE TO SEE MORE DONE. BUT CERTAINLY, I CAN UNDERSTAND WHY MANY
PEOPLE IN THIS CHAMBER ARE GOING TO BE VOTING FOR IT, THAT'S A GOOD
THING, BUT I'M GOING TO BE VOTING NO SPECIFICALLY TO SEND A MESSAGE AND
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THE CONTINUED MESSAGE THAT AS WE -- WE HAVE OUR -- OUR QUEST FOR ALL
ELECTRIC VEHICLES AND ELECTRIFICATIONS, AND WHEN WE TALK ABOUT HOW
GREAT THESE ELECTRIC VEHICLES ARE, WE HAVE TO REMEMBER THERE -- THERE
ARE CHILDREN IN THE DEMOCRATIC REPUBLIC OF CONGO THAT CONTINUE TO
MINE, HAND MINE AND ARE DYING AND BEING MAIMED IN THESE MINING
COLLAPSES AND I JUST THINK THERE'S A LOT MORE WE CAN DO AS A STATE. I
HOPE MAYBE THIS LEGISLATION CAN GET AT THAT AND MAYBE PUT SOME TEETH
IN IT AND TRY TO PUSH THIS FORWARD, OR LOOK AT OTHER AREAS LIKE DIVESTMENT
OF OUR -- OF OUR PENSION FUNDS FROM THESE COMPANIES THAT CAN'T
DEMONSTRATE THAT THEY'RE NOT USING CHILD LABOR. I MEAN, HOW CAN WE ALL
NOT RALLY AROUND THAT? IF YOU'RE USING CHILD LABOR, WE'RE NOT GOING TO
INVEST IN YOU. I MEAN, IT JUST SEEMS LIKE COMMON SENSE TO ME.
SO FOR THOSE REASONS AND I -- AND I -- I -- I CERTAINLY
UNDERSTAND GOING ALONG WITH THE SUPPORT FOR THIS BILL, I WOULD SUPPORT
IT BECAUSE I THINK THERE'S A LOT OF THINGS IN HERE, BUT JUST TO MAKE THE
POINT ON THIS ISSUE AND KEEP DRIVING THIS MESSAGE HOME, I'M GOING TO
BE VOTING IN THE NEGATIVE, BUT I DO APPRECIATE THE SPONSOR AND HER TIME.
THANK YOU.
ACTING SPEAKER AUBRY: MR. PALMESANO IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
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NYS ASSEMBLY JUNE 3, 2022
CONTINUE OUR LIVELY DEBATE, WE'RE GOING TO GO TO RULES REPORT NO. 602
BY MR. ABBATE; RULES REPORT NO. 130 BY MR. JONATHAN RIVERA; RULES
REPORT NO. 642 BY MS. RAJKUMAR; RULES REPORT NO. 655 BY MR.
ANDERSON; CALENDAR NO. 5 BY MRS. GUNTHER; CALENDAR NO. 6 BY MR.
MAGNARELLI; CALENDAR NO. 7 BY MR. BURDICK; CALENDAR -- RULES REPORT
NO. 421 BY MR. MAGNARELLI. AND FOR NOW, MR. SPEAKER, THERE WILL BE
OTHERS -- RULES REPORT NO. 296 BY MS. ROSENTHAL. IN THAT ORDER PLEASE,
SIR. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
PAGE 18, RULES REPORT NO. 602, THE CLERK WILL READ.
THE CLERK: SENATE NO. S01608, RULES REPORT NO.
602, SENATOR GOUNARDES (ABBATE--A04006). AN ACT TO AMEND THE
CIVIL SERVICE LAW, IN RELATION TO THE APPOINTMENT AND PROMOTION OF
CERTAIN PERSONNEL OF THE SANITATION DEPARTMENT OF THE CITY OF NEW
YORK.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 1608. 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.
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NYS ASSEMBLY JUNE 3, 2022
MR. GOODELL: THANK YOU, SIR. I WILL BE
SUPPORTING THIS BILL. I WOULD NOTE THAT WE INITIALLY LAID THIS BILL ASIDE
BECAUSE WHAT IT DOES IS REQUIRE THAT MOTIONS WITHIN THE NEW YORK CITY
SANITATION DEPARTMENT BE GIVEN WITH A PREFERENCE TO THOSE WHO ARE IN
THE EMPLOYMENT OF THAT DEPARTMENT ON A LESSER LEVEL. AND THE CONCERN
THAT WE HAD INITIALLY WAS EXPRESSED BY THE NEW YORK CITY OFFICE OF
THE MAYOR, WHICH SAID THIS BILL WOULD UNNECESSARILY OVERRIDE THE
AUTHORITY OF THE CITY AGENCY WITH THE EXPERTISE OVER LOCAL CIVIL SERVICE
MATTERS, AND ESTABLISH A PRECEDENT WHICH WOULD UNFORTUNATELY
DISCRIMINATE AGAINST PEOPLE WHO MIGHT HAVE THE QUALIFICATIONS, MIGHT
EVEN HAVE BETTER EXPERIENCE BUT ARE NOT ALREADY EMPLOYED BY THE
DEPARTMENT.
SO I SUPPORT THIS BECAUSE WE DID NOT ACTUALLY HEAR
FROM THE SANITATION DEPARTMENT WITH ANY OBJECTIONS, AND -- AND SO WE
HAVE A LOT OF SUPPORT WITHIN OUR CAUCUS FOR IT. SO I WILL BE VOTING YES,
BUT I DID WANT TO EXPRESS CONCERN ABOUT US IN THE LEGISLATURE
MICROMANAGING INDIVIDUAL DEPARTMENTS WITHIN OTHER MUNICIPALITIES IN
TERMS OF HOW THEY SHOULD SELECT THEIR EMPLOYEES OR PROMOTE THEM.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL. MR. GOODELL IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY JUNE 3, 2022
MRS. PEOPLES-STOKES: MR. SPEAKER, THE LAST
THING I WOULD LIKE TO DO IS CONFUSE PEOPLE WHO ARE TIRED.
ACTING SPEAKER AUBRY: YES, MA'AM.
MRS. PEOPLES-STOKES: SO LET ME TELL YOU WHERE
OUR LIST IS GOING. THANK YOU FOR COMPLETING 602. WE ARE NOW GOING TO
RULES REPORT NO. 130 BY MR. JONATHAN RIVERA; THEN RULES REPORT NO.
642 BY MS. RAJKUMAR; RULES REPORT NO. 655 BY MR. ANDERSON; AND
THEN CALENDAR NO. 5 BY MRS. GUNTHER; CALENDAR NO. 25 BY MR.
MAGNARELLI; AND CALENDAR NO. 7 BY MR. BURDICK -- I'M SORRY, CALENDAR
NO. 620 BY MR. BURDICK. AND LASTLY, RULES REPORT NO. 421 BY MR.
MAGNARELLI AND RULES REPORT NO. 296 BY MS. ROSENTHAL.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(PAUSE)
ON PAGE 8 [SIC], RULES REPORT NO. 130, THE CLERK WILL
READ.
THE CLERK: ASSEMBLY NO. A07822-C, RULES
REPORT NO. 130, J. D. RIVERA. AN ACT TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO VARIOUS TRANSPORTATION AUTHORITIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
J. D. RIVERA, 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
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NYS ASSEMBLY JUNE 3, 2022
THE VOTE ON SENATE PRINT 3959-B. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 21, RULES REPORT NO. 642, THE CLERK WILL READ.
THE CLERK: SENATE NO. S09177-B, SENATOR
COONEY (COMMITTEE ON RULES--RAJKUMAR--A10387-A). AN ACT TO
AMEND THE EXECUTIVE LAW, IN RELATION TO ESTABLISHING THE NEW YORK
ASIAN AMERICAN AND PACIFIC ISLANDER COMMISSION.
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 9177-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 TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THIS BILL CREATES A
NEW YORK ASIAN AMERICAN AND PACIFIC ISLANDER COMMISSION, AND IT'S
DESIGNED TO EXAMINE THE ISSUES INVOLVING THOSE GROUPS OF PEOPLE AND
HOW WE CAN MOST HELP THEM IN NEW YORK STATE. IT'S A MISSION THAT I
AND MY COLLEAGUES SUPPORT. AS PART OF THIS COMMISSION, THE
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NYS ASSEMBLY JUNE 3, 2022
COMMISSION IS DIRECTED TO PROVIDE A REPORT AND, SADLY, THEY ONLY ARE
REQUIRED TO PROVIDE A REPORT TO THE MAJORITY. AND SINCE THE MINORITY,
EVEN IN THIS CHAMBER REPRESENTS ABOUT A THIRD OF THE STATE OF NEW
YORK, IT WOULD BE A NICE COURTESY IF WE WERE SPECIFICALLY INCLUDED.
I WOULD ALSO NOTE THAT THREE MEMBERS ARE APPOINTED
BY THE SENATE MAJORITY AND THREE MEMBERS ARE APPOINTED BY THE
ASSEMBLY MAJORITY WITHOUT ANY APPOINTMENTS FROM THE MINORITY IN
EITHER HOUSE. SO WE TALK OFTEN ABOUT THE BENEFITS OF COOPERATION AND
BIPARTISANSHIP. WE WOULD LIKE TO SEE THAT IN WRITING WHEN WE CREATE A
COMMISSION SO THAT WE ARE PART OF THE PROCESS, HOPEFULLY PART OF THE
SOLUTION, AND MOST ASSUREDLY AT LEAST RECEIVE THE INFORMATION. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. GALLAHAN IN THE NEGATIVE ON THIS BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. MR.
GALLAHAN IS NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 23, RULES REPORT NO. 655, THE CLERK WILL READ.
THE CLERK: SENATE NO. S09086, RULES REPORT NO.
655, SENATOR MANNION (COMMITTEE ON RULES--ANDERSON--A10483).
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NYS ASSEMBLY JUNE 3, 2022
AN ACT RELATING TO ASSESSING THE STAFFING AND OTHER ISSUES CAUSING THE
CONTINUED DISPLACEMENT OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
FROM VARIOUS STATE-OPERATED INSTITUTIONS UNDER THE JURISDICTION OF THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
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 9086. 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: THANK YOU, SIR. WE SET THIS BILL
ASIDE EVEN THOUGH WE SUPPORT ITS PURPOSE AND OBJECTIVE BECAUSE THE
BILL PROVIDES FOR A REPORT TO BE GIVEN TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE HOUSE, AND NO REPORT TO THE MINORITY. THE
BILL CALLS FOR THE OFFICE OF PEOPLE WITH DEVELOPMENTAL DISABILITIES TO
SUBMIT A REPORT REGARDING DISPLACEMENT OF RESIDENTS AS A RESULT OF
STAFFING SHORTAGE, AND MANY OF US CERTAINLY HERE IN THE MINORITY AS
WELL AS THE MAJORITY FIND THIS TO BE A VERY, VERY IMPORTANT AND CRITICAL
ISSUE. I AM SUPPORTING IT, I SUPPOSE I SHOULD ACKNOWLEDGE THAT AT ONE
TIME, MY WIFE WAS ON THE PERSONNEL COMMITTEE OF OUR LOCAL ARC; I
THINK SHE'S NOW ON THE FINANCE COMMITTEE, IT'S HARD FOR ME TO KEEP UP
WITH HER. SO IT IS A PERSONAL INTEREST AND WE'RE A LITTLE DISAPPOINTED
THAT WE'RE NOT INCLUDED IN THE REPORTING, AS WELL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, MR.
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NYS ASSEMBLY JUNE 3, 2022
GOODELL.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 27, CALENDAR NO. 5, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00181-A, CALENDAR
NO. 5, GUNTHER, COLTON, ENGLEBRIGHT, STECK, COOK, ABINANTI, JACOBSON,
GRIFFIN, SANTABARBARA, GONZÁLEZ-ROJAS, BUTTENSCHON, JOYNER, SAYEGH,
OTIS, GLICK, JEAN-PIERRE, DESTEFANO, LUNSFORD. AN ACT TO AMEND THE
LABOR LAW AND THE EDUCATION LAW, IN RELATION TO THE HOURS WORKED BY
NURSES.
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 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 4885-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. JENSEN, YOU WANT TO EXPLAIN YOUR VOTE?
MR. JENSEN: I'D LOVE TO, MR. SPEAKER.
ACTING SPEAKER AUBRY: OH, WELL GO RIGHT
AHEAD.
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NYS ASSEMBLY JUNE 3, 2022
MR. JENSEN: TO EXPLAIN MY VOTE. THIS IS THE
SECOND TIME TODAY THAT WE HAVE TAKEN UP LEGISLATION THAT WOULD AMEND
STATUTE -- OR SECTION 167 OF THE LABOR LAW, AND THE THIRD TIME IN THE
PAST TWO WEEKS. CERTAINLY IF THIS SECTION OF LABOR LAW NEEDS TO BE
CHANGED QUITE SO FREQUENTLY, IT MAY BE WORTHWHILE IN THE NEXT SESSION
TO TRULY EXAMINE ON A HOLISTIC, COMPLETE BASIS THIS SECTION OF LABOR
LAW AND HOW IT RELATES TO OUR HEALTH CARE STAFFING REGULATIONS IN THE
HEALTH CARE LAW TO ENSURE THAT THOSE RECEIVING HEALTH CARE HAVE THE
REQUISITE HEALTH CARE PROVIDERS THAT THEY NEED, AS WELL AS OUR STATE AND
THIS LEGISLATURE GIVING THE FINANCIAL SUPPORT TO HEALTH CARE PROVIDERS TO
MAKE INVESTMENTS IN THE RECRUITMENT AND RETENTION OF OUR HEALTH CARE
WORKFORCE.
THE CHANGES CONTAINED IN THIS BILL ARE SIMPLY THE
ADDITION OF HOME CARE WORKERS. THEY DO NOT CREATE ANY NEW CIVIL
PENALTIES OR LIMIT ANY EXEMPTIONS TO EXISTING LAW, AND SO FOR THAT
REASON I WILL BE VOTING YES. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. JENSEN IN THE
NEGATIVE. OH -- IN THE POSITIVE. OKAY. WELL, I'M GLAD YOU CORRECTED
ME, MR. JENSEN, BECAUSE I WOULD NOT WANT TO DEFAME YOUR NAME.
ALL RIGHT.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 29, CALENDAR NO. 25, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00354-B, CALENDAR
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NYS ASSEMBLY JUNE 3, 2022
NO. 25, MAGNARELLI, SEAWRIGHT, ABINANTI, EPSTEIN, ANDERSON,
ENGLEBRIGHT, SIMON, GALEF, KELLES, BRONSON, CRUZ, CLARK, BARRETT,
MEEKS, JACOBSON, MITAYNES, FAHY. AN ACT TO AMEND THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, IN RELATION TO SPECIAL PROCEEDINGS BY
TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN
RESIDENTIAL REAL PROPERTY; AND TO AMEND THE UNIFORM CITY COURT ACT,
THE UNIFORM DISTRICT COURT ACT, THE UNIFORM JUSTICE COURT ACT, AND
THE NEW YORK CITY CIVIL COURT ACT IN RELATION TO SUMMARY
PROCEEDINGS RELATING THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MAGNARELLI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION HAS BEEN REQUESTED, MR. MAGNARELLI.
MR. MAGNARELLI: YES, MR. SPEAKER. THIS BILL
WAS PASSED IN THIS HOUSE THIS PAST SESSION, AND IT HAS BEEN AMENDED IN
THE SENATE. THE BILL NOW INCREASES THE JURISDICTION OF THE NEW YORK
CITY CIVIL COURTS TO EQUALIZE THEM WITH THE JURISDICTION GRANTED TO
COURTS THROUGHOUT THE REST OF THE STATE TO HEAR THESE TYPES OF TENANTS
CASES. AND THE BILL WAS ALSO AMENDED TO EXEMPT LONG ISLAND BECAUSE
LONG ISLAND IS ALREADY SUBJECT TO ARTICLE VII OF THE RP -- THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW, WHICH PROVIDES SIMILAR
PROTECTIONS TO WHAT'S IN THIS BILL.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: MR. MAGNARELLI, WILL
YOU YIELD?
MR. MAGNARELLI: YES.
ACTING SPEAKER AUBRY: MR. MAGNARELLI
YIELDS, SIR.
MR. GOODELL: THANK YOU, MR. MAGNARELLI. AND
YOU MENTIONED THERE ARE SOME CHANGES FROM THE VERSION THAT WE HAVE
ADOPTED PRIOR BY EXCLUDING LONG ISLAND AND INCLUDING NEW YORK CITY
HOUSING COURT; IS THAT CORRECT?
MR. MAGNARELLI: WELL, INCREASE -- GIVING THE
NEW YORK CITY HOUSING COURT SOME OF THE THINGS THAT WERE IN THIS BILL
BUT WEREN'T IN THE LEGISLATION THAT THEY ALREADY HAVE.
MR. GOODELL: I SEE. THERE WERE A NUMBER OF
OTHER ISSUES THAT WERE RAISED LAST YEAR DURING THE DEBATE. AS YOU
KNOW, THERE WAS CONCERN THAT THIS LEGISLATION WOULD EMPOWER A COURT
TO ORDER A LANDLORD TO REPAIR AN APARTMENT OR A BUILDING WITHOUT
LIMITATION AS TO THE VALUE OF THE RENT. IN OTHER WORDS, MAYBE ORDER,
YOU KNOW, A HUGE REPAIR THAT A LANDLORD MIGHT NOT BE ABLE TO AFFORD. IS
THERE ANY CAP OR LIMITATION ON THIS, AND WAS THAT ISSUE ADDRESSED?
MR. MAGNARELLI: THERE WERE NO OTHER CHANGES
WITH RESPECT TO THE THINGS THAT YOU JUST BROUGHT UP BUT, AGAIN, I'D LIKE TO
REITERATE I DON'T BELIEVE THAT THE INTENT OF THE STATUTE IS TO DO THE THINGS
THAT YOU HAVE ALLUDED TO.
MR. GOODELL: AND I APPRECIATE THAT, AND I ALSO
APPRECIATE THAT YOU'VE MADE THAT CLEAR HERE. ONE TENANT BRINGS AN
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NYS ASSEMBLY JUNE 3, 2022
EXPEDITED SUMMARY PROCEEDING. DOES THIS LEGISLATION PROVIDE THE
LANDLORD WITH THE SAME TYPE OF PROTECTIONS THAT WE PROVIDE THE TENANT
IN AN EXPEDITED PROCEEDING? FOR EXAMPLE, AN AUTOMATIC TWO WEEK
ADJOURNMENT, OR AN AUTOMATIC ADDITIONAL TWO WEEKS FOR ANY ORDER TO
TAKE EFFECT.
MR. MAGNARELLI: I THINK THAT THIS WILL ALL BE
DETERMINED BY THE JUDGE, BASICALLY. THE WAY THE STATUTE IS PUT FORTH,
THE JUDGE HAS A LOT OF DISCRETION IN THESE CASES. IT ALLOWS THE TENANT TO
BRING THE ACTION, BUT IT ALSO ALLOWS THE LANDLORD TO RESPOND AND FOR THE
JUDGE TO REACT TO WHAT'S IN FRONT OF HIM OR HER.
MR. GOODELL: WELL, AS YOU KNOW, WHEN WE
ADOPTED THE TENANT LEGISLATION IN 2019, WE REMOVED JUDICIAL DISCRETION
IN SEVERAL AREAS, INCLUDING A STATUTORY REQUIREMENT THAT A TENANT, UPON
REQUEST, GOT AN AUTOMATIC TWO WEEK ADJOURNMENT. IS THERE AN
OPPORTUNITY UNDER THE STATUTORY LANGUAGE FOR A LANDLORD TO GET AN
AUTOMATIC TWO WEEK ADJOURNMENT OF ANY HEARING UPON REQUEST?
MR. MAGNARELLI: I DON'T THINK THERE'S ANYTHING
IN THE STATUTE THAT MAKES THAT AUTOMATIC, BUT I THINK IT'S WITHIN THE
DISCRETION OF THE JUDGE.
MR. GOODELL: IN -- IN THE TENANT LEGISLATION THAT
WE PASSED, WE LIMITED THE ROLE OR THE JURISDICTION OF THE COURT TO JUST
SIMPLY UNCOLLECTED RENT AND EXCLUDED FROM A SUMMARY PROCEEDING ANY
DAMAGES. IS THERE ANY COMPARABLE RESTRICTION ON THE AMOUNT OF
DAMAGES OR THE TYPE OF DAMAGES THAT A TENANT CAN NOW SEEK UNDER THIS
LEGISLATION AS IT RELATES TO THE LANDLORD?
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NYS ASSEMBLY JUNE 3, 2022
MR. MAGNARELLI: I WOULD HAVE TO SAY NO.
AGAIN, IT'S UP TO THE DISCRETION OF THE JUDGE AND, AGAIN, THIS IS AN ACTION
BY A TENANT TO HAVE CODE VIOLATIONS AND JUST THE PREMISES TO BE
HABITABLE TO LIVE IN. THIS IS -- THESE ARE THE TYPES OF CASES THAT ARE
CONTEMPLATED AND WHAT WILL BE IN FRONT OF THE JUDGE. SO I, YOU KNOW, I
DON'T BELIEVE THAT THAT'S THE CASE.
MR. GOODELL: AND I APPRECIATE THAT PERSPECTIVE.
AS YOU KNOW, IF A LANDLORD BRINGS AN EVICTION ACTION AGAINST A TENANT,
THE TENANT CAN ASSERT ANY NUMBER OF COUNTERCLAIMS. IF A TENANT BRINGS
AN ACTION AGAINST A LANDLORD UNDER THIS, CAN THE LANDLORD ALSO BRING A
COUNTERCLAIM OR DAMAGES IN UNPAID RENT?
MR. MAGNARELLI: YES.
MR. GOODELL: GOOD.
MR. MAGNARELLI: OKAY.
MR. GOODELL: I'M DELIGHTED. LET'S END ON ONE
NOTE WHERE WE HAVE SOME PARITY IN THE WAY WE TREAT EACH PARTY.
ON THE BILL, SIR -- THANK YOU, MR. MAGNARELLI, FOR YOUR
COMMENTS.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: DURING THE LAST TWO YEARS, WE HAVE
CREATED JUST AN INCREDIBLE FINANCIAL CHALLENGE FOR OUR LANDLORDS ALL
ACROSS THE STATE. WE STARTED OUT WHEN THE COVID HIT AND WE
IMPLEMENTED A VERY, VERY BROAD MORATORIUM ON ANY RENT. UNLIKE THE
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NYS ASSEMBLY JUNE 3, 2022
CDC, THE NEW YORK STATE MORATORIUM ON RENT WAS NOT LIMITED BY THE
TENANT'S INCOME. UNLIKE THE CDC, THE NEW YORK MORATORIUM DIDN'T
REQUIRE ANY PARTIAL PAYMENTS. UNLIKE THE CDC, THERE WAS NO
OBLIGATION FOR THE TENANT TO SHOW THAT THEY COULDN'T PAY THE RENT OR TO
DOCUMENT IN ANY SIGNIFICANT WAY ANY LOSS OF INCOME THAT WOULD
PREVENT THEM FROM PAYING RENT. AND SO WE HAD, AS A RESULT, A
MULTI-BILLION, WITH A B, BILLION DOLLAR ACCRUED UNPAID RENT ACROSS THE
STATE. AND THAT MORATORIUM CONTINUED IN ONE WAY OR ANOTHER FOR ABOUT
18 MONTHS, AT WHICH TIME OUR COURT SYSTEM WAS MASSIVELY BACKED UP
IN ACTIONS BY LANDLORDS TRYING TO COLLECT.
SO HAVING CREATED FISCAL CHAOS FOR OUR LANDLORDS FOR
OVER TWO YEARS NOW, THIS BILL WOULD PROVIDE AN EXPEDITED PROCEEDING
IN A BROADER NUMBER OF COURTS FOR TENANT TO THEN TURN AROUND AND SUE
THE LANDLORD CLAIMING THAT THE LANDLORD SHOULD HAVE BEEN MAKING MORE
REPAIRS. I HAVE YET TO FIND A LANDLORD WHO DOESN'T WANT HIS PROPERTY
PROPERLY MAINTAINED AND REPAIRED BECAUSE, AT THE END OF THE DAY, IF IT
ISN'T HE CAN'T KEEP RENTING IT AND OBTAIN FULL RENT AND, OF COURSE, HE
WANTS TO MAINTAIN THE PROPERTY VALUE. AT THE SAME TIME THAT WE'RE NOW
IMPOSING NEW LEGAL RIGHTS ON TENANTS TO SUE THE LANDLORDS WITHOUT A
LIMITATION ON THE AMOUNT IN TERMS OF CAPPING AS A PERCENTAGE OF RENT OR
ANYTHING OF THAT NATURE, WE AT THE SAME TIME HAVE RESTRICTED LANDLORDS'
ABILITY TO BRING ACTIONS FOR DAMAGES, AND IN A SUMMARY PROCEEDING
THEY NOW HAVE TO DO IN A SEPARATE PROCEEDING WHERE YOU IMPOSE
TREMENDOUS DELAYS AND WE'RE JUST HAMMERING THE REAL ESTATE MARKET.
AND FOR THOSE OF YOU WHO LIKE TO WATCH WHAT
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NYS ASSEMBLY JUNE 3, 2022
HAPPENS, IT IS EXACTLY AS EVERY ECONOMIST WHO LOOKED AT THIS WOULD
PREDICT. WE HAVE MADE IT EXTREMELY DIFFICULT AND EXPENSIVE FOR
LANDLORDS TO BE SUCCESSFUL IN NEW YORK STATE AND, AS A RESULT, THE
NUMBER OF APARTMENTS IN NEW YORK STATE THAT ARE AVAILABLE TO RENT,
PARTICULARLY FOR THE WORKING POOR, HAS GONE DOWN. AND IT'S
INCREASINGLY DIFFICULT FOR THE WORKING POOR TO GET A REASONABLE
APARTMENT BECAUSE THE SUPPLY IS DOWN AND WHEN SUPPLY GOES DOWN,
AND YOU HAVE A SUPPLY/DEMAND SITUATION, SUPPLY IS LOWER, DEMAND IS
HIGH, PRICES ARE GOING UP. AND WE SEE THAT IN OUR OWN BUDGET, DON'T
WE, BECAUSE WE HAD A BUDGET PROPOSAL THAT ADDED $8 BILLION TO THE
STATE BUDGET TO ADDRESS THE HOUSING CRISIS.
SO MAYBE INSTEAD OF TREATING LANDLORDS AS THOUGH
THEY'RE PUBLIC ENEMY NUMBER ONE WHEN THEY DO EVERYTHING THEY CAN TO
PROVIDE REASONABLE HOUSING TO WORKING-CLASS FAMILIES, WE SHOULD WORK
WITH THEM AS PARTNERS TO ENSURE THAT THEY CAN PROVIDE THE HIGH-QUALITY
HOUSING THAT WE HOPE TO BE ABLE TO PROVIDE AT A PRICE THAT'S REASONABLE.
SO UNFORTUNATELY, I CAN'T SUPPORT THIS AND I RECOMMEND AGAINST IT
BECAUSE AT THE END OF THE DAY, IT CONTINUES TO HURT LANDLORDS AND, IN THE
END, WILL HURT TENANTS. THANK YOU, SIR. AND, AGAIN, THANK YOU TO MY
COLLEAGUE FOR HELPING ANSWERING THOSE QUESTIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 4594-B. THIS IS A PARTY VOTE. ANY MEMBER
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NYS ASSEMBLY JUNE 3, 2022
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 FOR THE REASONS I
MENTIONED. THOSE WHO WANT TO SUPPORT IT ARE CERTAINLY ENCOURAGED TO
VOTE YES HERE ON THE FLOOR, OR LET US KNOW THROUGH THE MINORITY
LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THE
MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF THIS PIECE OF
LEGISLATION; HOWEVER, THERE MAY BE SOME COLLEAGUES THAT WOULD LIKE TO
BE AN EXCEPTION. THEY SHOULD FEEL FREE TO CALL THE MAJORITY LEADER'S
OFFICE AND WE WILL MAKE SURE THEIR VOTE IS PROPERLY RECORDED. THANK
YOU, MR. SPEAKER.
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 53, CALENDAR NO. 2 -- 620, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 9079-B, CALENDAR NO.
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NYS ASSEMBLY JUNE 3, 2022
620, BURDICK, THIELE. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO PROHIBITING THE APPLICATION OF
PESTICIDES TO CERTAIN LOCAL FRESHWATER WETLANDS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BURDICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. BURDICK, AN EXPLANATION IS REQUESTED, SIR.
MR. BURDICK: THIS BILL WOULD ENABLE LOCAL
GOVERNMENTS THAT REGULATE WETLANDS PURSUANT TO SECTION 24-0501 OF THE
ENVIRONMENTAL CONSERVATION LAW TO PROHIBIT THE APPLICATION OF
PESTICIDES, PROVIDED THAT SUCH LOCAL LAW DOES NOT PROHIBIT PESTICIDE
APPLICATION FOR THE CONTROL OF INVASIVE SPECIES, PESTS OF SIGNIFICANT
PUBLIC HEALTH IMPORTANCE, NOXIOUS WEEDS, OR PROTECTION OF NATIVE
PLANTS.
ACTING SPEAKER AUBRY: MR. SMULLEN.
MR. SMULLEN: WELL, THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MR. BURDICK, WILL
YOU YIELD?
MR. BURDICK: YES, I CERTAINLY WILL.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. SMULLEN: WELL, THANK YOU, MR. BURDICK, FOR
EXPLAINING THE BILL. HOW HAS THIS BILL CHANGED OVER THE PAST MONTHS
FROM WHAT WE HAD ORIGINALLY DISCUSSED IN THE ENVIRONMENTAL
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NYS ASSEMBLY JUNE 3, 2022
CONSERVATION COMMITTEE?
MR. BURDICK: WELL, THAT'S A VERY GOOD QUESTION
AND THE PRINCIPAL CHANGE HERE WAS TO PROVIDE THE EXCEPTION TO ITS
APPLICATION THAT I READ, AND THAT IS THAT THERE NOW IS A PROVISION THAT THE
LOCAL LAW SHALL NOT PROHIBIT PESTICIDE APPLICATION FOR THE CONTROL OF
INVASIVE SPECIES, PESTS OF SIGNIFICANT PUBLIC HEALTH IMPORTANCE,
NOXIOUS WEEDS, OR THE PROTECTION OF NATIVE PLANTS
MR. SMULLEN: OKAY. SO WHAT DOES THAT MEAN IN
PLAIN ENGLISH TO THE PEOPLE OF THE STATE OF NEW YORK, THAT
MUNICIPALITIES DON'T HAVE TO, OR THEY HAVE TO SPRAY FOR BUGS?
MR. BURDICK: WELL, I THINK THAT THE PURPOSE OF
THIS WAS TO PROVIDE SOME BALANCE AND TO RECOGNIZE THAT THERE ARE GOING
TO BE INSTANCES IN WHICH PESTICIDES OUGHT TO BE PERMITTED. AND SO THIS
LAW PROVIDES THAT A LOCAL GOVERNMENT CANNOT EXCLUDE THAT AS THE USE OF
A PESTICIDE.
MR. SMULLEN: OKAY. SO IT ALLOWS SOME
FLEXIBILITY AT THE LOCAL LEVEL, BUT THE FUNDAMENTALS OF THE BILL ITSELF, HOW
MANY ACRES OF WETLANDS ARE THERE IN NEW YORK STATE?
MR. BURDICK: YOU KNOW, I DON'T KNOW WHETHER
WE HAVE THAT, BUT THERE CERTAINLY ARE MILLIONS OF ACRES IN NEW YORK
STATE OF WETLANDS. BUT, YOU KNOW, I THINK WE NEED TO UNDERSTAND THAT
WHAT WE'RE TALKING ABOUT ARE WETLANDS WITHIN THE BORDERS OF THOSE
MUNICIPALITIES, THOSE LOCAL GOVERNMENTS THAT ALREADY HAVE LOCAL LAWS TO
REGULATE WETLANDS AND THEY HAVE ADOPTED THOSE, OF COURSE, PURSUANT TO
THE ENVIRONMENTAL CONSERVATION LAW.
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NYS ASSEMBLY JUNE 3, 2022
MR. SMULLEN: SO HOW MANY ACRES OF WETLANDS
ARE WE TALKING ABOUT THAT WOULD BE ALLOWED TO BE REGULATED BY
MUNICIPALITIES UNDER THIS -- THERE'S 2.4 MILLION ACRES OF WETLANDS IN
NEW YORK STATE. THAT'S A LOT. I MEAN, THAT'S A -- SO IF THIS LAW APPLIES
TO ALL 2.4 MILLION ACRES, IT'S A VERY FAR-REACHING LAW WHICH I'M NOT SURE
THAT MUNICIPALITIES HAVE THE SCIENTIFIC EXPERTISE AND THE -- THE WAY THE
LAW IS WRITTEN, IT CAN BE INTERPRETED THAT ANY MUNICIPALITY BY A SIMPLE
VOTE OF ITS BOARD COULD THEN REGULATE THE USE OF PESTICIDES IN THEIR
TOWN. HOW -- HOW IS THE -- HOW IS THIS GOING TO BE NARROWED DOWN
ENOUGH WHERE IT WOULD BE ACCEPTABLE FOR THE USE --
MR. BURDICK: WELL, FOR ONE THING THERE'S A
PROCESS THAT EVERY MUNICIPALITY, AS I'M SURE YOU KNOW, MUST FOLLOW IN
TERMS OF THE ADOPTION OF ANY LOCAL LAW. SECONDLY, THERE ARE ONLY 70,
APPROXIMATELY 70 MUNICIPALITIES IN THE STATE THAT PRESENTLY ARE
REGULATING THE WETLANDS WITHIN THEIR BORDERS. AND I WOULD VENTURE TO
SAY, FOR EXAMPLE, IN YOUR NECK OF THE WOODS THAT THEY'RE PROBABLY
AREN'T TOO MANY MUNICIPALITIES THAT REGULATE WETLANDS AND
(INAUDIBLE/MIC CUT OUT).
MR. SMULLEN: THANK YOU. SO YES, I UNDERSTAND
THAT --
(TECHNICAL ISSUE INTERFERING)
MR. BURDICK: I'M NOT QUITE SURE WHAT THAT IS, BUT
PLEASE PROCEED.
MR. SMULLEN: THANK YOU. WELL, SO THERE ARE 70
MUNICIPALITIES, WHY NOT JUST SAY THAT THESE ARE THE 70 MUNICIPALITIES IN
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THE BILL INSTEAD OF SAYING ALL MUNICIPALITIES?
MR. BURDICK: WELL, BECAUSE WHAT WE'RE -- I'M
TRYING TO GIVE YOU AS BEST OF AN ANSWER AS I CAN BASED ON WHAT WE
KNOW. WHAT I'M EXPLAINING TO YOU IS THAT AS OF NOW, THERE ARE
APPROXIMATELY 70 MUNICIPALITIES IN NEW YORK STATE THAT HAVE ADOPTED
THE LAWS TO REGULATE WETLANDS.
MR. SMULLEN: RIGHT. BUT THE WAY THE LAW IS
WRITTEN, COULD ANY OF THE 1,600 MUNICIPALITIES COULD REGULATE WETLANDS
IF THEY HAD THEM.
MR. BURDICK: I'M SORRY, 70; I THINK WHAT DID I
SAY, 700? THE BILL ACTUALLY SPECIFIES THAT IT WOULD ONLY BE THOSE 70
MUNICIPALITIES PRESENTLY THAT ARE REGULATING WETLANDS.
MR. SMULLEN: SO -- GRANTED. SO WHY DOESN'T THE
BILL JUST LIST THEM AND ONLY ALLOW THOSE 70 MUNICIPALITIES TO DO SO
BASED ON MUCH MORE STRICT CRITERIA? AND THE REASON I ASK THAT IS YOU
KNOW AND I KNOW THAT THE PRIMARY REGULATOR OF ENVIRONMENTAL
CONCERNS AT THE FEDERAL LEVEL IS THE EPA AND AT THE STATE LEVEL IS THE
DEC. AND THE CONCERN HERE, AND IT'S FROM ORGANIZATIONS FROM ALL
ACROSS THE STATE, IS IF THE AUTHORITY IS GIVEN TO LOCAL MUNICIPALITIES AND
IT'S NOT VERY SCRIPTED AND VERY PRESCRIBED, THAT THEN ANY MUNICIPALITY
ACROSS ANY OF THE 2.4 MILLION ACRES OF WETLANDS AROUND NEW YORK STATE
COULD PASS A LOCAL LAW AND THEN BE RESPONSIBLE FOR THE SCIENCE BEHIND
THE APPLICATION OR THE PROHIBITION OF PESTICIDES IN THOSE MUNICIPALITIES.
SO IT'S SEEMINGLY INNOCUOUS AND SEEMINGLY SMALL IN
SCOPE, BUT IN REALITY COULD, WITHOUT CONTROL, COULD THEN APPLY TO ALL
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NYS ASSEMBLY JUNE 3, 2022
ACROSS NEW YORK STATE AND CAUSE GREAT CONCERN AMONGST BUSINESS
INTERESTS SUCH AS FARMERS WHO GROW OUR FOOD AND ALL OF THE VARIOUS
ORGANIZATIONS THAT HELP WITH THE MANAGEMENT OF LAKES AND FORESTS IN
THE VARIOUS AREAS AROUND NEW YORK STATE. SO WHAT IS SEEMINGLY
INNOCUOUS COULD THEN SUDDENLY BECOME, YOU KNOW, VERY BROAD IN ITS
APPLICATION, BUT WITHOUT THE SCIENTIFIC BACKUP THAT THE EPA BRINGS, THE
ENTIRE UNITED STATES SCIENTIFIC ESTABLISHMENT.
ONE OF THE THINGS THAT I WANTED TO ASK YOU ABOUT IN
THAT REGARD IS HOW WOULD MUNICIPALITIES INTERPRET THE REGISTRATION AND
REVIEW PROCESS FOR -- FOR PESTICIDES?
MR. BURDICK: YOU KNOW, THEY DON'T NEED TO DO
THAT. IT IS PRESENTLY DEFINED IN THE LAW AS TO WHAT A PESTICIDE IS, AND
PESTICIDES NEED TO BE LICENSED BY THE DEC. SO THAT PART OF YOUR
CONCERN I THINK ALREADY IS ADDRESSED IN THE EXISTING REGULATORY SYSTEM
THAT WE HAVE, AND I HAVE TO SAY THAT I RESPECTFULLY DISAGREE WITH THE
UNDERLYING PREMISE. YOUR UNDERLYING PREMISE IS THAT MUNICIPALITIES
DON'T HAVE THE TECHNICAL WHEREWITHAL AND THAT THIS WOULD RESULT IN A
GREAT DEAL OF CONFUSION AND SO FORTH. AND, YET, YOU KNOW, FOR OVER 40
YEARS LOCAL GOVERNMENTS HAVE HAD THIS AUTHORITY AND WE SEE THAT THEY
CAN HANDLE IT RESPONSIBLY AND IN A WAY THAT SUCCESSFULLY BALANCES THE
NEEDS OF PROPERTY OWNERS, AS WELL AS TO FULFILL THE NEEDS OF PROTECTING
THOSE WETLANDS.
MR. SMULLEN: SURE, AND I UNDERSTAND THAT AND I
AM VERY FAMILIAR WITH LOCALITIES AND THE WISDOM AND THE SOPHISTICATION
OF THEM, AND PARTICULARLY KNOWING THEIR LOCAL CONDITIONS. BUT THERE'S
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NYS ASSEMBLY JUNE 3, 2022
STILL SOME CONCERNS ABOUT HOW THEY WOULD BE ABLE TO INTERPRET, SAY FOR
INSTANCE, THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT. YOU
KNOW, WHEN WE TALK ABOUT THESE VARIOUS STATUTES THAT ARE A PART OF OUR
SYSTEM OF FEDERALISM, THERE'S DIFFERENT FACTORS THAT PLAY DIFFERENT LAWS
THAT PLAY, AND THE CONCERN IS IS THAT BECAUSE THIS -- THIS ACTUAL LAW THAT'S
WRITTEN ONLY ALLOWS MUNICIPALITIES TO ADOPT A HIGHER STANDARD OF -- OF --
OF PROHIBITION OR OF REGULATION, THAT THE URGE WOULD BE TO THEN
SUBSEQUENTLY DENY PEOPLE THINGS THAT ARE LEGAL UNDER FEDERAL OR STATE
LAW AND REGULATORY SCHEMES FROM THE EPA AND THE DEC, THAT THEN THEY
WOULD ALL OF A SUDDEN, YOU KNOW, WITH A SIMPLE MAJORITY VOTE BE ABLE
TO PUT A HIGHER STANDARD ON THAT'S NOT BACKED UP, YOU KNOW, WITH
SCIENTIFIC BACKGROUND AND RESEARCH. SO THOSE ARE THE CONCERNS I'M
HEARING AND I WANT TO MAKE SURE THEY'RE OUT ON THE FLOOR.
THIS BILL IS -- I GUESS I'M ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: YOU CAN BE ON THE
BILL, SIR.
MR. SMULLEN: THANK YOU. THANK YOU -- THANK
YOU TO THE SPONSOR. YOU KNOW, ON THIS BILL ON THE FACE OF IT IT SEEMS
LIKE A GOOD IDEA AND IT SEEMS SENSIBLE AND IT SEEMS TO COMPORT
GENERALLY WITH HAVING LOCAL CONTROL OVER THINGS, BUT THE OVERALL
PROBLEM WITH THE BILL LANGUAGE IS AND WITH THE AMENDMENT IS THAT IT
MAKES THE BILL LESS BAD THAN IT ALREADY WAS. AND THERE'S STILL DEEP
CONCERNS THAT AREN'T -- AREN'T ADDRESSED BY EVEN NARROWING THE
PRESCRIPTION. AND IT WOULD HAVE TO BE SO -- IT WOULD HAVE TO BE GREATLY
NARROWED IN ORDER FOR US TO BE ABLE TO SAY, WELL, THE CONCERNS OF THE
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NYS ASSEMBLY JUNE 3, 2022
AGRICULTURAL COMMUNITY HAVE BEEN ADDRESSED IN A BILL SUCH AS THIS, OR
SOME OF THE MANAGEMENT COMMUNITIES FOR, YOU KNOW, FOR LANDS AND
LAKES AND WATERS.
SO THAT BEING SAID, YOU KNOW, WITHOUT THOSE SORTS OF
ASSURANCES, IT'S VERY DIFFICULT TO BE ABLE TO SUPPORT A BILL SUCH AS THIS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR ONE QUESTION, PLEASE?
ACTING SPEAKER AUBRY: MR. BURDICK, WILL
YOU YIELD?
MR. BURDICK: YES, I CERTAINLY WILL.
MR. MANKTELOW: THANK YOU, MR. BURDICK. JUST
ONE QUICK QUESTION. IF A LOCAL MUNICIPALITY DECIDED TO ADOPT THIS, THE
FRESH WATER PROTECTION LAW, IN THEIR COMMUNITY, WOULD THEY HAVE
JURISDICTION OVER THE AG LAND?
MR. BURDICK: I'M SORRY, WHAT WAS THE --
JURISDICTION OVER?
MR. MANKTELOW: A LOCAL MUNICIPALITY DECIDED
TO ADOPT THIS. WOULD THEY HAVE ANY JURISDICTION OVER AGRICULTURAL LAND?
MR. BURDICK: NO.
MR. MANKTELOW: NONE WHATSOEVER?
MR. BURDICK: THIS ONLY -- THE -- LET'S JUST GO BACK
TO WHAT THEIR AUTHORITY IS, AND IT DOESN'T CHANGE THE BASIC AUTHORITY OF A
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LOCALITY -- OF A LOCAL GOVERNMENT. AND THAT IS THE AUTHORITY THAT I
DESCRIBED PREVIOUSLY THAT'S UNDER THE EXISTING PROVISIONS OF THE
ENVIRONMENTAL CONSERVATION LAW, AND IT'S JUST WETLANDS. IT DOES NOT
EXTEND TO AGRICULTURAL LANDS.
MR. MANKTELOW: SO IF A FARM HAS -- LIKE MY
FARM HAS WETLANDS ON IT. WOULD THEY THEN HAVE JURISDICTION OVER MY
WETLANDS?
MR. BURDICK: THERE WOULD BE JURISDICTION THERE,
BUT THEY'RE NOT BEING -- JURISDICTION OVER ANY OTHER PORTION OF THAT
AGRICULTURAL LAND THAT DOES NOT CONTAIN WETLANDS.
MR. MANKTELOW: OKAY. THANK YOU FOR
ANSWERING MY QUESTION.
MR. BURDICK: CERTAINLY.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
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 8378-C. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
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NYS ASSEMBLY JUNE 3, 2022
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS
MENTIONED BY MY COLLEAGUE. CERTAINLY THOSE WHO WANT TO VOTE IN
FAVOR OF IT ARE ENCOURAGED TO DO SO EITHER HERE ON THE FLOOR OR BY
CONTACTING THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION; HOWEVER, SOME OF OUR COLLEAGUES MAY CHOOSE
TO BE AN EXCEPTION. THEY ARE WELCOME TO CALL THE MAJORITY LEADER'S
OFFICE, WE WILL BE PLEASED TO RECORD THEIR VOTE.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. ENGLEBRIGHT TO EXPLAIN HIS VOTE.
MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER. I
JUST WANT TO COMPLIMENT THE SPONSOR. THIS IS AN IMPORTANT SECOND
TIME THIS YEAR THAT WE HAVE AMENDED THE FRESH WATER WETLANDS ACT OF
THE STATE. THIS IS AN IMPORTANT CONTRIBUTION BECAUSE IT HELPS GIVE
LEGISLATIVE DIRECTION TO THE WAY IN WHICH WE MANAGE THIS INCREDIBLY
IMPORTANT NATURAL RESOURCE. IT IS APPROPRIATE, AS THE SPONSOR HAS
PROPOSED, THAT WE BE VERY THOUGHTFUL BEFORE WE APPLY PESTICIDES TO
THESE VERY DELICATE AND, IN MANY CASES, ECOSYSTEMS THAT ARE INFUSED
WITH RARE AND THREATENED AND DANGEROUS ANIMALS AND PLANTS. THAT
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NYS ASSEMBLY JUNE 3, 2022
DIRECTION I THINK WILL HELP PROTECT THE BIODIVERSITY OF THE STATE AND
PROTECT THE DRINKING WATER AND SOURCE WATER QUALITY THAT THESE WETLANDS
HELP PROTECT FOR ALL OF OUR COMMUNITIES.
SO AGAIN, I THINK THIS IS A VERY IMPORTANT STEP FORWARD
AND I THANK THE SPONSOR FOR HIS VERY THOUGHTFUL PRESENTATION, AND I VOTE
YES.
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT IN
THE AFFIRMATIVE.
MR. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER. THIS BILL
CAME ABOUT FROM CONVERSATIONS WITH TOWN SUPERVISORS IN MY DISTRICT
ASKING ABOUT AUTHORITY TO PROHIBIT THE APPLICATION OF PESTICIDES IN
WETLANDS WITHIN THEIR BORDERS. MUCH OF MY DISTRICT'S LAND AREA IS
COMPRISED OF NEW YORK CITY WATERSHED TO THEIR RESERVOIRS. WETLANDS
WITHIN AND SURROUNDING THE WATERSHED ARE CRITICAL TO NEW YORK CITY'S
WATER QUALITY. THE U.S. EPA DESCRIBES WETLANDS AS AMONG THE MOST
PRODUCTIVE ECOSYSTEMS IN THE WORLD.
YEARS BEFORE COMING TO THE ASSEMBLY, I CHAIRED THE
WETLANDS CONTROL COMMISSION OF THE TOWN OF BEDFORD WHERE
FIRSTHAND I SAW THE BIOLOGICAL IMPORTANCE OF WETLANDS. THEY ENHANCED
WATER QUALITY, CONTROL EROSION, MAINTAIN STREAM FLOWS, SEQUESTER
CARBON AND PROVIDE A HOME TO THREATENED AND ENDANGERED SPECIES. WE
HERE HAVE AN OBLIGATION TO PROTECT OUR WETLANDS. IT'S ESPECIALLY
IMPORTANT AS WE DETECT NEW CONTAMINANTS WHICH FIND THEIR WAY INTO
THE GROUNDWATER. THIS BILL SIMPLY PROVIDES AN OPTION TO THE
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NYS ASSEMBLY JUNE 3, 2022
APPROXIMATELY 70 LOCAL GOVERNMENTS IN NEW YORK STATE THAT HAVE
WETLANDS LAWS. IT ALLOWS THEM WITH IMPORTANT EXCEPTIONS TO ADOPT A
LOCAL LAW TO PROHIBIT THE APPLICATION OF PESTICIDES IN WETLANDS WITHIN
THEIR BOARDERS.
I WISH TO THANK THE CHAIRMAN OF THE ENVIRONMENTAL
CONSERVATION COMMITTEE, STEVE ENGLEBRIGHT, FOR HIS ENCOURAGEMENT
AND STRONG SUPPORT IN BRINGING THIS FORWARD, AND THE SUPERB WORK OF
STAFF AND, IN PARTICULAR, MICHELLE MILOT AND STEVE LISS FOR DEVELOPING
THE BILL. AND MY SPECIAL THANKS TO SPEAKER HEASTIE FOR ALLOWING THIS
BILL TO COME FOR -- TO COME TO THE FLOOR. THANK YOU, MR. SPEAKER, AND I
VOTE PROUDLY IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
MR. MANKTELOW TO EXPLAIN HIS VOTE.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. I
WANT TO AGREE WITH THE SPONSOR IN MANY OF HIS WAYS, AND I THINK HIM
AND I HAVE TALKED A LITTLE BIT ABOUT THIS. MY ONLY CONCERN HERE IS TWO
THINGS: AS LOCAL GOVERNMENTS CHANGE, BOARDS CHANGE, SUPERVISORS
CHANGE, TOWN BOARD MEMBERS CHANGE, I HAVE CONCERN THAT WITH THOSE
CHANGES, UNLESS THERE'S A HARD WRITTEN POLICY WITHIN THAT TOWN OR
COMMUNITY, THAT MEANS THAT THIS PART OF THE LAW COULD CHANGE. AND
MY OTHER CONCERN IS WHERE FARMERS CAN HAVE CONTIGUOUS LAND
SOMETIMES BETWEEN TWO COMMUNITIES, IF ONE HAS A POLICY ON THAT SIDE
OF THE LINE AND THE OTHER ONE DOES NOT, HOW IS THAT ALL GOING TO PLAY OUT.
AND AGAIN, WE HAVE OUR DEC WHO DOES AN EXCELLENT JOB IN REGULATING
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NYS ASSEMBLY JUNE 3, 2022
AND LOOKING AT ALL OF THIS, ALONG WITH OUR FEDERAL GOVERNMENT. I'D
RATHER SEE THE STATE LEVEL DO IT IN A ONE -- ONE SOLID SWEEP INSTEAD OF
EACH COMMUNITY DECIDING TO DO THEIR OWN THING.
SO AGAIN, I'M NOT IN TOTAL DISREGARD TO THE BILL, BUT
THOSE ARE MY CONCERNS AND I THINK IF WE CAN MAKE THOSE CHANGES OR
AMENDMENTS IN THE VERY NEAR FUTURE, I COULD SUPPORT THE REST OF IT. SO
THANK YOU, MR. SPEAKER, AND THANK YOU, MR. BURDICK.
ACTING SPEAKER AUBRY: THANK YOU, MR.
MANKTELOW.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUES MR. BROWN, MR. DESTEFANO -- I'M SORRY, MR. KEITH BROWN,
MR. DESTEFANO, AND MR. DURSO IN THE AFFIRMATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 10, RULES REPORT NO. 421, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09511-B, RULES
REPORT NO. 421, MAGNARELLI. AN ACT TO AMEND THE VEHICLE AND TRAFFIC
LAW, IN RELATION TO THE DISPLAY OF GREEN LIGHTS ON THE VEHICLES OF
MEMBERS OF MOBILE CRISIS TEAMS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MAGNARELLI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
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NYS ASSEMBLY JUNE 3, 2022
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8524-C. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU -- THANK YOU, SIR. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE
REASONS I HOPE TO EXPLAIN IN A MOMENT. THOSE WHO ARE IN FAVOR CAN
CERTAINLY VOTE YES OR -- EITHER HERE ON THE FLOOR OR BY CALLING OUR
LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO SUPPORT THIS
PIECE OF LEGISLATION; HOWEVER, THERE MAY BE A FEW OF OUR COLLEAGUES
THAT WOULD LIKE TO BE AN EXCEPTION. THEY'RE WELCOME TO CONTACT THE
MAJORITY LEADER'S OFFICE, THEIR VOTE WILL BE PROPERLY RECORDED. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY JUNE 3, 2022
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. AS MANY OF US
KNOW, WE HAVE DIFFERENT COLORED EMERGENCY LIGHTS ON OUR DIFFERENT
EMERGENCY VEHICLES, AND THAT'S DESIGNED TO TELL THE PUBLIC WHAT TYPE OF
VEHICLE AND WHAT THEY SHOULD EXPECT FROM THE EMERGENCY RESPONSE
VEHICLE. ONE OF THE MOST IMPORTANT LIGHTS, PARTICULARLY UPSTATE, IS A
GREEN FLASHING LIGHT WHICH IS AFFIXED TO VOLUNTEER AMBULANCES. AND OF
COURSE WHEN YOU SEE A GREEN FLASHING LIGHT, YOU'RE NOT ONLY SUPPOSED
TO PULL OVER, BUT YIELD RIGHT AWAY, KNOWING THAT IT MIGHT BE A FRIEND OR
NEIGHBOR WHO IS IN THE BACK OF THE AMBULANCE.
THIS BILL WOULD EXTEND THAT GREEN FLASHING LIGHT TO
MOBILE MENTAL HEALTH -- MOBILE CRISIS TEAMS, MENTAL HEALTH CRISIS TEAMS
AS AUTHORIZED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. AND
THESE TEAMS PLAY A CRITICAL ROLE, AND WE CERTAINLY APPRECIATE THEM, BUT
A MOBILE CRISIS TEAM IS NOT INVOLVED IN TRANSPORTING INDIVIDUALS USUALLY
TO A HOSPITAL. THEY PLAY A DIFFERENT ROLE AND -- AND MANY OF US BELIEVE
THAT WE WANT TO KEEP THAT GREEN LIGHT WITH ITS UNIQUE AND SPECIAL
MEANING SO THAT PEOPLE KNOW THAT IT'S AN AMBULANCE THAT'S COMING, IT'S
CARRYING SOMEONE WHO NEEDS CRITICAL MEDICAL CARE, AND IT'S NOT A
PERSON SIMPLY RESPONDING IN A DIFFERENT MANNER. AND SO FOR THAT
REASON, MANY OF MY COLLEAGUES WILL BE OPPOSING THIS EXPANSION OF THE
USE OF A FLASHING GREEN LIGHT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 3, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 7, RULES REPORT NO. 296, THE CLERK WILL READ.
THE CLERK: SENATE NO. S01130, RULES REPORT NO.
296, SENATOR GIANARIS (L. ROSENTHAL, BARNWELL, EPSTEIN, CRUZ, HUNTER,
GOTTFRIED, GLICK, SEAWRIGHT, FERNANDEZ, PAULIN, LAVINE, FAHY, KIM,
WALLACE, JACOBSON, DINOWITZ, DICKENS, BENEDETTO, COLTON, SCHMITT,
WEPRIN, QUART, ENGLEBRIGHT, FRONTUS, OTIS, BRONSON, REYES, NIOU,
RAMOS, BICHOTTE HERMELYN, GALLAGHER, ANDERSON, KELLES,
GONZÁLEZ-ROJAS, BURKE, PHEFFER AMATO, FORREST, BURDICK, BURGOS,
MCDONALD, CLARK, J. RIVERA, WILLIAMS, ZINERMAN, MCDONOUGH,
MITAYNES, MAMDANI, JACKSON, LUNSFORD, DAVILA, RA, K. BROWN,
GANDOLFO, J. D. RIVERA, CONRAD, CARROLL, ABINANTI, MCMAHON, BYRNE,
MORINELLO, REILLY, SILLITTI, TANNOUSIS, JEAN-PIERRE, ABBATE, STECK,
JENSEN, DURSO, MIKULIN, DE LOS SANTOS, FALL, BUTTENSCHON,
CUNNINGHAM, GIBBS, D. ROSENTHAL, DARLING, TAYLOR, TAGUE, CUSICK,
HEVESI, STERN, LUCAS, BRAUNSTEIN, SANTABARBARA, GALEF--A04283). AN
ACT TO AMEND THE AGRICULTURE AND MARKETS LAW AND THE GENERAL
BUSINESS LAW, IN RELATION TO THE SALE OF DOGS, CATS AND RABBITS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. ROSENTHAL.
MS. ROSENTHAL: THIS BILL WOULD PROHIBIT THE SALE
OF DOGS, CATS, AND RABBITS BY RETAIL PET STORES.
MR. LEMONDES: MR. SPEAKER, WILL THE SPONSOR
YIELD?
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. LEMONDES: THANK YOU, MR. SPEAKER. THANK
YOU, MS. ROSENTHAL. I JUST WANT TO START OFF WITH VERY BRIEFLY AS WE
LOOK INTO THIS DEBATE WHICH WILL HAVE EXTREMELY FAR-REACHING EFFECTS ALL
ACROSS NEW YORK STATE, PERHAPS EVEN REGIONALLY, DO FACTS MATTER? AS I
UNDERSTAND IT, THE FORE PREMISE AND MAIN ACCUSATIONS OF THIS BILL ARE
THAT, QUOTE/UNQUOTE, "PUPPY MILLS" WITHHOLD VET CARE FROM INJURED AND
SICK DOGS, SUBJECT ANIMALS TO FREEZING COLD, STIFLING HEAT WITHOUT
ADEQUATE PROTECTION, PERFORM INVASIVE SURGERY ON DOGS WITHOUT A VET
LICENSE AND SHOOT OLD OR UNDESIRABLE DOGS. HOW DO YOU SUBSTANTIATE
THESE CLAIMS?
MS. ROSENTHAL: WELL, I HAVE WORKED FOR YEARS
WITH MANY OF THE MAJOR ANIMAL WELFARE ORGANIZATIONS WHOSE PART OF
THEIR MISSION IS TO PUT AN END TO PUPPY MILLS AND TO RESCUE THOSE THAT
ARE SADLY STUCK THERE. I HAVE SEEN FOOTAGE, I HAVE SPOKEN TO THE
EXPERTS, I HAVE WATCHED DOCUMENTARIES, AND ALL OF THAT IS BORNE OUT. IN
ADDITION, THE DOGS THAT COME FROM THOSE PUPPY MILLS USE -- THEY ARE THE
EVIDENCE. THEY -- THEY HAVE -- OFTEN THEY HAVE A LOT OF GENETIC
ABNORMALITIES, THEY ARE COMPROMISED, THEY HAVE MANY ISSUES. AND
THEY WERE BROUGHT UP AND RAISED IN FILTHY CONDITIONS, NOT GETTING VET
CARE, NOT GETTING PROPER FOOD. IT'S REALLY A HORRIFIC FACTORY INDUSTRY AND
WE ALL HAVE SEEN THE EVIDENCE.
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MR. LEMONDES: THANK YOU, I -- I APPRECIATE THAT
ANSWER BUT, AS WE KNOW, THERE ARE BAD ACTORS IN EVERY INDUSTRY. WE
HAVE DOCTORS THAT KILL HUMANS EVERY DAY. WE HAVE -- WE HAVE PEOPLE
THAT DO -- MAKE BAD REPAIRS ON ANY LINE OF PRODUCT EVERY DAY. WE HAVE
ALL KINDS OF PROFESSIONAL NEGLIGENCE IN EVERY FIELD. AND I'M GOING
LEAVE THAT TO START WITH.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. LEMONDES: THANK YOU. FIRST, I WANT TO MAKE
SURE THAT EVERYBODY UNDERSTANDS WHEN WE TALK ABOUT PUPPY MILL,
THERE'S A LOT HERE, I WILL NOT BE ABLE TO GET THROUGH IT ALL, BUT I'LL TRY MY
BEST. FIRST, COMMERCIAL BREEDERS PRODUCE SPECIALTY PUPPY BREEDS.
THAT'S A VERY KEY POINT, BECAUSE WHEN PEOPLE WANT A DOBERMAN OR
THEY WANT A YORKSHIRE TERRIER OR THEY WANT A GOLDEN RETRIEVER,
CONSTRAINED SUPPLY ON THESE BREEDERS WILL CONSTRAIN SUPPLY FOR
EVERYONE. SO THAT'S THE FIRST POINT. COMMERCIAL BREEDERS PRODUCE
SPECIAL -- SPECIALTY PUPPY BREEDS.
NEXT, THE BREEDERS SELL THEIR PUPPIES AT AUCTIONS, OFTEN
TO RESCUE GROUPS. THE DOG RESCUERS PUT THE PUPPIES UP FOR ADOPTION AS
RESCUE DOGS, OFTENTIMES IN DIFFERENT STATES THAN THEIR ORIGIN. THE
CUSTOMER MAY NOT KNOW THE DOG WAS BOUGHT AT AN AUCTION, SO THE NO --
THE -- THE NOTION OF THE DOG BEING RESCUED IS A FALSE PREMISE TO BEGIN
WITH. RIGHT NOW, TODAY, AS WE SPEAK, WE HAD TO PASS A BILL A FEW DAYS
AGO TO IMPROVE THE STANDARDS OF SHELTERS IN NEW YORK BECAUSE THEY
DIDN'T MEET THE STANDARD. THAT WAS 6246. ADDITIONALLY, FROM THE
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BUSINESS PERSPECTIVE, I DON'T THINK WE WANT TO GET INTO THE BUSINESS, OR
I DON'T, OF TELLING A LICENSED BUSINESS WHAT THEIR INVENTORY SHOULD BE.
WHETHER IT'S A REGULATED PRODUCT, WHETHER IT'S BABY FORMULA, WHETHER
IT'S A TOY, THERE ARE STANDARDS FOR ALL OF THOSE PRODUCTS THAT ARE SOLD IN
ALL OF OUR STORES THROUGHOUT OUR ECONOMY. AND IF WE -- IF THIS BODY IS
GOING TO REGULATE WHAT INVENTORY IS SOLD, THAT'S A PRECEDENT THAT I THINK
WE DON'T WANT TO BE IN.
FURTHERMORE, THE ACCUSATIONS ABOUT RECOURSE FOR
CONSUMERS FROM ANIMALS SOLD IN PET STORES ARE COVERED BY THE NEW
YORK STATE LEMON LAW. THERE'S ADEQUATE RESOURCE -- RECOURSE FOR
CONSUMERS, THAT'S WHY THAT LAW WAS PASSED. A SIMILAR LAW TO WHAT
WE'RE -- TO WHAT WE'RE DISCUSSING HERE WAS PASSED IN CALIFORNIA. I
BELIEVE THIS LAW IS FOLLOWING THAT. THE RESULT WAS AS FOLLOWS: 93
PERCENT OF STORES SELLING PUPPIES WENT OUT OF BUSINESS; 17 OF 21 ANIMAL
AND CONSUMER PROTECTION PROVISIONS WERE ELIMINATED; AND REPORTED
PUPPY SCAMS INCREASED 350 PERCENT WITH A RESULTED OBSERVATION BY
CALIFORNIA VETERINARIANS THAT THERE WAS AN INCREASE IN SICK DOGS
ACQUIRED FROM UNREGULATED SOURCES.
SO THE -- THE STANDARDS THAT NEW YORK PET STORES ARE
HELD TO ARE EXTREMELY STRINGENT WITH RESPECT TO THE -- THE REST OF THE
NATION. AND AS FAR AS OPPORTUNITY, I DON'T WANT TO DENY ANY FAMILY OR
ANY CHILD THE OPPORTUNITY TO BUY A CAT, PUPPY, OR RABBIT FROM A PET
STORE. FOR SOME KIDS, THAT'S THEIR ONLY AVENUE. THEY DON'T LIVE FIVE
MILES AWAY FROM A FARM THAT THEY CAN GO TO THAT PRODUCES RABBITS. I
DON'T KNOW IF THERE'S ANYBODY WITHIN TWO HOURS OF ME THAT PRODUCES
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RABBITS. MY FIRST RABBIT CAME FROM A PET STORE.
THE NOTION THAT THE USDA DOES NOT DO A GOOD JOB OF
LOOKING AFTER THESE FACILITIES. THE USDA REGULATES ALL KINDS OF THINGS,
BUT THAT'S NOT THE REAL ISSUE. THE REAL ISSUE IS NEW YORK STATE
STANDARDS WHICH, AGAIN, I WANT TO POINT OUT ARE EXTREMELY STRINGENT.
ANY ANIMAL THAT COMES INTO THESE STORES HAS SIGNIFICANT REGULATORY
REQUIREMENTS, HAS SIGNIFICANT RECORDKEEPING REQUIREMENTS, AND THOSE
HAVE TO BE DISCLOSED TO THE CUSTOMER. AND AGAIN, THE CUSTOMER HAS THE
NEW YORK STATE PET LEMON LAW IF THERE ARE ANY PROBLEMS WITH THAT
ANIMAL.
I WANT TO READ SOMETHING BECAUSE I THINK IT'S RELEVANT
ABOUT THE ACCUSATION OF THESE, QUOTE/UNQUOTE, "PUPPY MILLS." THE
USDA OVERSEES MORE THAN 2,000 FACILITIES AND CONDUCTED ALMOST
9,000 INSPECTIONS IN 2019; YET, THE AGENCY OPENED ONLY 17 NEW
ENFORCEMENT CASES DURING THE SAME PERIOD. A STAGGERING 93 PERCENT
DECLINE COMPARED TO 2016. WHY IS THAT? COULD IT INDICATE THAT THE
INDUSTRY AGAINST ALL THE ACCUSATIONS IS ACTUALLY CLEANING ITSELF UP,
RAISING ITS STANDARDS AND, SUBSEQUENTLY, EXPERIENCING FEWER
INEFFICIENCIES AS A RESULT, THUS INDICATING HIGHER OVERALL STANDARDS AS A
RESULT OF REGULATION, EDUCATION, AND PROFESSIONAL COMMITMENT.
DOES ANYONE THINK, AS YOU CONSIDER YOUR VOTE, THAT
THE AKC, THE AMERICAN KENNEL CLUB, THE PREMIERE UNITED STATES
AMERICAN ORGANIZATION OVERSEEING THE HEALTH AND WELFARE OF DOGS
WOULD ENDORSE SOMETHING THAT DIDN'T TREAT ANIMALS PROPERLY? IN THIS
CASE, WE'RE TALKING SPECIFICALLY ABOUT DOGS, IN CASE ANYBODY'S
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UNFAMILIAR WITH THE AKC. ADDITIONALLY, THE BUSINESS COUNCIL, 75
PERCENT OF REVENUE FOR PET STORES IS DERIVED FROM THE SALE OF DOGS, CATS,
AND RABBITS. ENTIRE INDUSTRIES SHOULD NOT BE CLOSED TO ADDRESS A LIMITED
NUMBER OF BAD ACTORS. HOW MANY JOBS WILL WE LOSE IN NEW YORK
STATE JUST LIKE CALIFORNIA DID, HOW MANY BUSINESSES WILL BE SHUT DOWN,
HOW MANY MORE PEOPLE'S DREAMS WILL WE DESTROY, HOW MANY MORE
PEOPLE WILL THEN SAY, ENOUGH IS ENOUGH, I HAVE TO LEAVE THIS STATE, I
CAN'T EVEN GET A DOG. I'D ASK YOU ALL TO CONSIDER THAT BEFORE VOTING.
ANOTHER ASPECT IS WITH RESPECT TO THE SHELTERS, ONE OF
THE REASONS DOGS HAVE TO BE TRUCKED IN FROM OUT-OF-STATE IS BECAUSE THE
SPAY AND NEUTER LAWS HAVE BEEN SO EFFECTIVE THAT IT SIGNIFICANTLY
DECREASED THE SHELTER POPULATIONS. AND SO THE -- THOSE OF YOU THAT ARE
-- WE'RE ALL ABOUT THE SAME AGE IN HERE, THE SHELTER OPERATIONS ARE VERY
DIFFERENT THAN THEY WERE WHEN WE WERE CHILDREN. THEY'RE NOW TAX
EXEMPT WHEREAS THE PET STORES PROVIDE MILLION (MIC CUT OUT) -- STATE,
ALL OF THAT WOULD BE LOST IN ADDITION TO THE JOBS AND THE BUSINESSES.
AND I WANT TO SAY ADDITIONALLY SOMETHING ABOUT THE
REPLACEMENT RATE OF DOGS, WHICH I'M NOT SURE PEOPLE RECOGNIZE WHAT
THAT IS. IT'S EIGHT MILLION PER YEAR. SO WHEN YOU TALK ABOUT SUPPLY
CHAIN CONSTRAINT WHICH WE'VE EXPERIENCED HERE DURING COVID OF ALL
KINDS OF THINGS, WHEN YOU SAY SUPPLY CHAIN CONSTRAINT OF DOGS, MOST OF
WHICH ARE FOR PETS, DON'T FORGET THAT SUPPLY CHAIN CONSTRAINT WILL
IMPACT EVERYTHING. IT'LL IMPACT POLICE ORGANIZATIONS' ABILITY TO GET
DOGS, COMPANION DOGS, HUNTING DOGS, FARM DOGS FOR VARIOUS USES ON
FARMS. THIS IS EXTREMELY FAR-REACHING BECAUSE IF SUPPLY -- IF SUPPLY
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DECREASES, THEN PEOPLE WILL GO AND TAKE ANY DOG THEY CAN GET. NEW
YORK STATE IS THE FOURTH STATE IN THE NATION WITH PUPPY SCAMS WHERE
PEOPLE GET RIPPED OFF AND THERE'S NO RECOURSE FOR THAT BECAUSE YOU DID
IT OVER THE INTERNET. THE FOURTH STATE IN THE NATION. I HOPE EVERYONE
THINKS OF THAT.
THIS IS A BAD BILL. IT'S STRUCTURALLY DISINGENUOUS, IT
DOES NOTHING TO IMPROVE THE HEALTH OF ANIMALS, IT TAKES AWAY NEW
YORK JOBS, IT REDUCES TAXABLE REVENUE TO THE STATE, IT RUINS DREAMS AND
IT TAKES AWAY THE OPPORTUNITY FOR PEOPLE TO HAVE THE PETS THAT THEY
WANT. PART OF THE PROBLEM IS NOT HAVING INFORMATION. SO I WOULD ASK
EVERYBODY, THINK THROUGH WHAT THIS BILL ACCOMPLISHES IF IT WERE TO
BECOME LAW. THINK ABOUT THE BUSINESSES THAT ARE GOING TO GO OUT OF
BUSINESS, THINK ABOUT THE CHILDREN THAT WILL NOT BE ABLE TO GET RABBITS
AND KITTENS AND PUPPIES. THINK ABOUT THOSE IMPACTS.
SO WE CAN BE PART OF THE PROBLEM AND WE CAN MAKE IT
WORSE, OR WE CAN BE PART OF THE SOLUTION. BECAUSE RIGHT NOW, ALL OF THE
ENTITIES, THE RESCUE ENTITIES, TRUST ME, THEY'RE TAKING DOGS AND PUPPIES
FROM THE VERY -- THE VERY SUPPLY CHAIN THAT IS SUPPLYING LEGITIMATE
DOGS TO OTHER SOURCES; IT'S JUST UNDER A DIFFERENT NAME. AND SO THE
CONSUMER DOESN'T KNOW THAT BECAUSE THEY DON'T GET THAT INFORMATION AT
THEIR POINT OF SALE. I HOPE YOU ALL CONSIDER THAT. I DON'T WANT TO SEE
NEW YORKERS LOSE THEIR JOBS ANYMORE. I DON'T WANT TO SEE MORE PEOPLE
LEAVING OUR STATE, AND I DON'T WANT TO SEE BUSINESSES SHUTTERED BY
THINGS WE DO IN HERE. THANK YOU ALL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER CUSICK: MR. MANKTELOW.
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MR. MANKTELOW: THANK YOU, MR. SPEAKER. I'M
SORRY, I DIDN'T HEAR THAT COME ACROSS. WOULD THE SPONSOR YIELD FOR A
FEW QUESTIONS, PLEASE?
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
YES, THE SPONSOR YIELDS.
MR. MANKTELOW: THANK YOU, MS. ROSENTHAL. I
-- I'VE TALKED TO -- TO MANY PEOPLE BACK HOME IN OUR DISTRICT ABOUT THIS
AND THE PROS AND CONS TO IT, AND I UNDERSTAND WHY YOU'RE DOING THIS AND
WHAT YOU'RE TRYING TO ACCOMPLISH. HOW -- HOW MANY ACOS DID YOU
HAPPEN TO TALK WITH?
MS. ROSENTHAL: HOW MANY WHAT?
MR. MANKTELOW: HOW MANY ACOS?
MS. ROSENTHAL: I HAVE -- I'VE TALKED TO ANIMAL
CONTROL OFFICERS OVER THE YEARS. I HAVEN'T RECENTLY TALKED TO ANY ANIMAL
CONTROL OFFICERS, BUT I'VE TALKED TO MANY, MANY PEOPLE WHO ARE
FAMILIAR, INTIMATELY FAMILIAR WITH THE OPERATIONS OF PUPPY MILLS AND PET
STORES THAT SELL THOSE PUPPIES.
MR. MANKTELOW: HOW -- HOW MANY PET STORES
DO YOU HAVE IN YOUR -- IN YOUR AREA OR IN YOUR DISTRICT, DO YOU KNOW?
MS. ROSENTHAL: I THINK THERE USED TO BE A LOT
MORE, BUT BECAUSE THAT BUSINESS MODEL IS NOT ONE THAT IS SUSTAINABLE,
MOST OF THEM HAVE -- HAVE CLOSED. THERE ARE -- THERE ARE A COUPLE
AROUND, IN AND AROUND THE DISTRICT.
MR. MANKTELOW: AND YOU SAID YOU'VE LOST
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MANY OF THEM?
MS. ROSENTHAL: SORRY?
MR. MANKTELOW: YOU SAID YOU HAVE LOST MANY
OF YOUR PET STORES BACK IN YOUR DISTRICT?
MS. ROSENTHAL: WELL, THEY'VE CLOSED.
MR. MANKTELOW: YES.
MS. ROSENTHAL: I MEAN, THEY -- THEY'VE CLOSED --
YOU KNOW, I'M TALKING OVER THE YEARS WHEN IT WAS THE -- THE WAY THAT
PEOPLE GOT PETS OVER THE YEARS, LIKE 30 YEARS AGO. IT WAS POPULAR TO
BUY THEM IN PET STORES. THAT MODEL HAS CHANGED AND WHAT WE SEE NOW
IS THAT STORES THAT JUST SELL PETS DO NOT SUCCEED. STORES THAT SELL
PRODUCTS FOR PETS DO VERY, VERY WELL, INDEED, AND SO THERE ARE MANY OF
THOSE KINDS OF STORES --
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: -- IN MY DISTRICT.
MR. MANKTELOW: THANK YOU. DID YOU HAPPEN
TO TALK TO ANY OF OUR VETERINARIANS, YOUR LOCAL VETERINARIANS?
MS. ROSENTHAL: YES.
MR. MANKTELOW: AND WHAT IS THEIR FEELINGS ON
THIS?
MS. ROSENTHAL: RABIDLY SUPPORT.
MR. MANKTELOW: OKAY. I KNOW MY -- MY
COLLEAGUE OVER HERE TALKED ABOUT CALIFORNIA. I -- I'VE LOOKED AT THE
NUMBERS AND I'VE SEEN WHAT HAPPENED IN CALIFORNIA AND HOW THAT --
HOW THAT HAS DESECRATED THAT BUSINESS OUT THERE AND --
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MS. ROSENTHAL: HAS WHAT? I CAN'T -- SAY IT
AGAIN.
MR. MANKTELOW: I'M SORRY, I CAN'T HEAR YOU.
MS. ROSENTHAL: I CAN'T HEAR YOU.
ACTING SPEAKER CUSICK: YES, CAN WE HAVE
QUIET IN THE CHAMBER, PLEASE. IF PEOPLE IN THE BACK CAN TAKE THEIR
SEATS, WE'RE ON DEBATE.
MR. MANKTELOW: I WAS -- THANK -- THANK YOU,
MR. SPEAKER. I WAS LOOKING AT SOME OF THE NUMBERS FROM CALIFORNIA
AND HOW THAT DECIMATED SOME OF THOSE BUSINESSES OUT THERE AND FOR THE
PEOPLE. DID YOU HAPPEN TO TALK TO ANYONE THAT ACTUALLY LIVED IN
CALIFORNIA AND HOW THIS WORKED THERE?
MS. ROSENTHAL: WELL, YOU KNOW, I THINK IN
CALIFORNIA LAW, IT'S NOT THE SAME AS THIS PARTICULAR BILL AND, IN FACT, THIS
BILL BUILDS ON THE MISTAKES THAT THE -- AND THE LESSONS LEARNED FROM
CALIFORNIA. THERE ARE 1,800 RETAIL PET BUSINESSES IN CALIFORNIA AND THE
NUMBER OF PET STORES IN CALIFORNIA HAVE ACTUALLY INCREASED, NOT
DECREASED YEAR OVER YEAR. THE 26 STORES REFERENCED IN THE DOCUMENT
ARE A VERY SMALL SUBSET OF PET STORES IN CALIFORNIA, AND THE NUMBER
PROVIDED IS MISLEADING BECAUSE THEY WERE NOT INDIVIDUALLY OWNED
BUSINESSES; IN FACT, MULTIPLE OUTLETS WERE OWNED BY THE SAME
INDIVIDUALS WHO WERE IMPLICATED IN A PUPPY LAUNDERING RING BUILT IN AN
EFFORT TO SKIRT THE ORIGINAL CALIFORNIA PROHIBITION WHICH PERMITTED THE
SALE OF DOGS FROM RESCUES AND SHELTERS. THEY'RE STILL INVOLVED IN
LITIGATION IN CALIFORNIA ABOUT DECEIVING CUSTOMERS AND -- BECAUSE THESE
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WERE FAKE RESCUES.
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: AND THEY WERE FAKE RESCUES.
THE STORES HAD A LONG HISTORY OF VIOLATING PRIOR RESTRICTIONS. THERE
REALLY IS NO EVIDENCE TO SUPPORT SOME OF THE STATEMENTS MADE EARLIER
AND SOME THAT YOU JUST REFERENCED.
MR. MANKTELOW: WELL, THAT -- I'M GLAD YOU SAID
THAT BECAUSE THAT'S WHY I TALKED TO TWO FAMILIES THAT ACTUALLY LIVE IN
CALIFORNIA AND -- AND THEY SAID THAT IN THEIR AREA THIS DEFINITELY HURT THE
SITUATION THERE FOR THE FAMILIES. BUT I GOT -- I'LL MOVE ON FROM THERE.
SO WE -- WE KNOW THAT WE HAVE THESE PUPPY MILLS OUT THERE, THESE BAD
PUPPY MILLS. THESE, AS MY COLLEAGUE CALLED THEM, BAD ACTORS. WHY
ARE WE NOT GOING AFTER THOSE BAD ACTORS? WHY ARE WE NOT GOING AFTER
THOSE BAD PUPPY MILLS?
MS. ROSENTHAL: THOSE BAD PUPPY MILLS, ALL
PUPPY MILLS ARE BAD, BUT THOSE COMMERCIAL FACTORY-TYPE SETUPS ARE NOT
GENERALLY IN NEW YORK STATE. THERE ARE MANY IN MISSOURI, NORTH
CAROLINA, PENNSYLVANIA, OUTSIDE OF NEW YORK'S JURISDICTION.
MR. MANKTELOW: OKAY. SO WHY DON'T -- WHY
DON'T WE DO A BILL TO JUST PUT A BAN ON NO -- NO MORE ANIMALS FROM
OUTSIDE OF NEW YORK STATE?
MS. ROSENTHAL: WELL, THAT IS NOT ACTUALLY
SOMETHING THAT, YOU KNOW, WE -- WE'VE DISCUSSED MANY WAYS ON HOW
TO DEAL WITH THIS PROBLEM. THE -- THE SUFFERING OF ANIMALS, THE PROFIT
MOTIVE, THE HEARTBREAK OF CONSUMERS WHO FIND A DOG, A CAT THAT LOOKS
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ADORABLE AND CUTE, THEY PLUNKED DOWN -- I SPOKE TO A MAN WHO
PLUNKED DOWN $5,000 FOR A DOG --
MR. MANKTELOW: SO, SO --
MS. ROSENTHAL: WAIT, I'M -- I'M JUST FINISHING.
THEY -- THEY LOOK WONDERFUL, YOU BRING THEM HOME AND THE STEROIDS
WEAR OFF, YOU SEE THAT THEY ARE REALLY MISERABLE, THAT THEY ARE SICK, THAT
THEY NOW CAUSE THE CONSUMER TO SPEND THOUSANDS OF DOLLARS AT THE VET
TO TRY TO FIX THEM AND CURE THEM, AND IT CAN'T BE DONE.
MR. MANKTELOW: AND WHERE DID THAT -- WHERE
DID THAT DOG COME FROM?
MS. ROSENTHAL: SORRY?
MR. MANKTELOW: WHERE DID THAT DOG COME
FROM?
MS. ROSENTHAL: THAT DOG CAME FROM A PUPPY
MILL.
MR. MANKTELOW: BUT FROM -- WHERE WAS THE
PUPPY MILL?
MS. ROSENTHAL: I'LL HAVE TO ASK HIM, BUT IT WAS
NOT, OF COURSE, NEW YORK STATE; I THINK IT MIGHT HAVE BEEN NORTH
CAROLINA.
MR. MANKTELOW: OKAY. I -- I APPRECIATE YOU
TELLING ME THAT BECAUSE IF WE PUT THIS BAN ON -- ON OUR PUPPY MILLS, ON
ALL OF THESE, WHAT'S GOING TO STOP THOSE BAD PUPPY MILLS FROM OUTSIDE OF
NEW YORK STATE FROM SHIPPING THEM ACROSS BACK INTO NEW YORK STATE.
MS. ROSENTHAL: SHIPPING THEM WHERE?
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MR. MANKTELOW: BACK INTO NEW YORK STATE,
BECAUSE...
MS. ROSENTHAL: TO WHERE?
MR. MANKTELOW: OKAY. PEOPLE ARE GOING TO
WANT ANIMALS. PEOPLE ARE GOING TO WANT DOGS, CATS, AND --
MS. ROSENTHAL: YES.
MR. MANKTELOW: -- AND RABBITS.
MS. ROSENTHAL: YES.
MR. MANKTELOW: SO WHERE DO THEY GET THEM
FROM?
MS. ROSENTHAL: THERE ARE A MULTITUDE OF WAYS
THAT ANYONE WHO WANTS TO BRING A DOG OR A CAT OR A BUNNY INTO THEIR
HOME WHERE THEY CAN GET THEM. THERE ARE MANY RESCUES, THERE ARE
MANY SHELTERS, THERE ARE LEGITIMATE BREEDERS WHO FOLLOW THE RULES AND
DON'T ABUSE THEIR ANIMALS BY MAKING THEM BREED OVER AND OVER AGAIN,
AND KEEP THEM IN CLEAN AND SANITARY AND WELL LOOKED AFTER FACILITIES.
MR. MANKTELOW: PERFECT. SO -- SO I -- I YOU --
THERE ARE GOOD BREEDERS OUT THERE --
MS. ROSENTHAL: YEAH, THERE ARE GOOD BREEDERS.
MR. MANKTELOW: -- THAT DO AN EXCELLENT JOB. SO
IF WE HAVE GOOD BREEDERS OUT THERE, WE HAVE GOOD PET STORE OWNERS
THAT ARE DOING THE JOBS RIGHT, THEY'RE FOLLOWING ALL THE RULES --AND I'LL
GIVE YOU AN EXAMPLE. I TALKED TO JIM FROM PET WORLD, INC. HE LIVES
UP IN ROCHESTER, NEW YORK. HIS BUSINESS HAS BEEN IN BUSINESS FOR 51
YEARS, 51 YEARS. HE HAS 44 EMPLOYEES. THAT PET SHOP HAS DONE
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EVERYTHING RIGHT, EVERYTHING RIGHT. HIS CONCERN, AND HE'S WORKED
NATIONALLY WITH ALL THE DIFFERENT PET STORES THROUGHOUT THE UNITED
STATES. HE WAS ON ONE OF THE BOARDS THERE. AND HIS CONCERN IS A LOT OF
OUR -- A LOT OF OUR PET SHOPS ARE GOING TO GO OUT OF BUSINESS.
MS. ROSENTHAL: WELL, THAT'S NOT TRUE. AND THAT
HAS NOT HAPPENED IN THE STATES WHERE SIMILAR LAWS HAVE PASSED. AND --
AND I'LL -- I'LL TELL YOU SOMETHING, ONLY ABOUT TWO PERCENT OF THE REVENUE
COLLECTED BY PET STORE OWNERS COMES FROM THE SALE OF ANIMALS. THE
PROFIT IS IN THE PRODUCTS, THE ACCOUTREMENTS, THE CLOTHING, THE
GROOMING, THE BOARDING, THE LITTER, THE FOOD. THE PET STORE -- THE PET
INDUSTRY IS $120 BILLION YEARLY INDUSTRY. PEOPLE SPEND THEIR MONEY ON
PRODUCTS FOR THEIR BELOVED ANIMALS, AND IT'S ONLY TWO PERCENT COMES
FROM BUYING -- FROM SELLING ANIMALS.
MR. MANKTELOW: ONLY TWO PERCENT COMES FROM
WHERE? I'M SORRY.
MS. ROSENTHAL: TWO PERCENT OF A STORE'S REVENUE
ON THE AVERAGE COMES FROM SELLING ANIMAS. THE REST OF THE MONEY THAT
THEY MAKE COMES FROM CUSTOMERS WHO GO THERE -- FOR EXAMPLE, THERE'S
A PETCO ACROSS THE STREET FROM WHERE I LIVE. THEY FEATURE RESCUES WHO
COME THERE, OFFER ANIMALS, AND WHEN A PERSON ADOPTS ONE OF THOSE
ANIMALS, THEY BUY THE LITTER, THEY BUY THE FOOD, THEY BUY EVERYTHING
THAT AN ANIMAL NEEDS TO LIVE COMFORTABLY IN THAT STORE.
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: SO THEY'RE NOT MAKING -- THEY'RE
MAKING PLENTY OF MONEY, LET ME ASSURE YOU. I HAVE CERTAINLY SPENT MY
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OWN SHARE OF MONEY IN THAT STORE BUYING -- BUYING THINGS FOR MY TWO
CATS --
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: -- WHO CAME FROM A RESCUE.
MR. MANKTELOW: THANK YOU. I -- I DON'T MEAN
TO INTERRUPT, BUT I'M RUNNING SHORT OF TIME ALREADY. HOW DID WE
CHOOSE A DOG, A CAT, AND RABBIT?
MS. ROSENTHAL: HOW DO YOU WHAT?
MR. MANKTELOW: HOW DID WE CHOOSE A DOG, A
CAT, AND A RABBIT?
MS. ROSENTHAL: BECAUSE THOSE ARE THE ANIMALS
THAT MOST FREQUENTLY ARE SUBJECTED TO HORRIFIC CONDITIONS, AND THE ONES
THAT ARE PLENTIFUL ACROSS THE STATE.
MR. MANKTELOW: OKAY. SO -- SO WHY DON'T WE
-- LET ME -- LET ME ASK YOU THIS: SO WHY, IF WE'RE SO CONCERNED ABOUT
THE PUPPY MILLS AND THE BAD ACTORS, MY CONCERN IS WE GO AHEAD AND GO
THROUGH WITH THIS, I THINK YOU'RE GOING TO SEE MORE BACKYARD PUPPY
MILLS, I THINK YOU'RE GOING TO SEE MORE INDIVIDUALS SELLING ANIMALS THAT
AREN'T BEING CHECKED BY A VETERINARIAN, THAT ARE NOT BEING CHECKED
GOING INTO A -- A PET STORE, MAKING SURE THERE'S A LICENSE WITH THEM,
MAKING SURE THEY HAVE THE PROPER SHOTS, THAT'S MY CONCERN BECAUSE THIS
-- THIS IS WHAT'S GOING TO HAPPEN. AND -- AND I -- I APPLAUD YOU FOR
SAYING THAT WE CAN GO TO OUR HUMANE SOCIETIES AND OUR -- OUR OTHER --
OTHER PLACES TO GET THESE ANIMALS. I EVEN HAVE A CAT AT OUR HOUSE THAT
WE -- THAT WE GOT FROM A HUMANE SOCIETY, BUT THERE'S NOT ENOUGH
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ANIMALS TO FILL ALL THE WANTS FOR THE PEOPLE THAT WE NEED. SO...
MS. ROSENTHAL: OH, THERE ARE. THERE ABSOLUTELY
ARE.
MR. MANKTELOW: SO -- SO, I'M SORRY?
MS. ROSENTHAL: I SAID THERE ABSOLUTELY ARE MORE
THAN ENOUGH ANIMALS OUT THERE FOR PEOPLE WHO WANT TO ADOPT THEM.
MR. MANKTELOW: SO MAYBE IN YOUR AREA, BUT NOT
IN OUR AREA.
MS. ROSENTHAL: WELL, I CAN INTRODUCE YOU --
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: -- TO SOME LOCAL SHELTERS AND
THAT WILL HELP YOUR SEARCH.
MR. MANKTELOW: SO AGAIN, THE GOAL HERE IS TO
GET RID OF THE BAD ACTORS, THE BAD PUPPY MILLS. WHY DO WE NOT
EMPOWER THE -- OUR ACOS, OUR ANIMAL CONTROL OFFICERS, TO HAVE THE
ABILITY TO GO IN AND SHUT THOSE PLACES DOWN? WE HAVE OUR DEC, WE
HAVE AG AND MARKETS, WE HAVE OUR LOCAL ANIMAL CONTROL OFFICERS. WHY
WOULD WE NOT EMPOWER THEM TO GO AND SHUT THESE PLACES DOWN?
MS. ROSENTHAL: OKAY. WHERE -- WHERE SHOULD I
START? LOCAL ANIMAL CONTROL OFFICERS REALLY DON'T GET MUCH TRAINING AT
ALL.
MR. MANKTELOW: I'M SORRY?
MS. ROSENTHAL: LOCAL ANIMAL CONTROL OFFICERS
GENERALLY DO NOT GET MUCH TRAINING. SECONDLY, WHEN YOU TALK ABOUT
THE USDA, THE USDA IS A SHAMEFUL, SHAMEFUL AGENCY BECAUSE THEY
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ARE CHARGED WITH MAKING SURE ANIMALS ARE PROTECTED AND, INSTEAD, THEIR
STANDARDS ARE SO LOW THAT THEY ACTUALLY ALLOW PUPPY MILLS TO OPERATE
THE WAY THEY DO.
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: WHEN -- WAIT, WAIT; LET ME
FINISH. WHEN YOU'RE TALKING ABOUT AG AND MARKETS, HERE'S AN EXAMPLE
THAT HAPPENED IN MY AREA. THERE IS A PET STORE, SOLD CUTE, ADORABLE
PETS. WE GOT A COMPLAINT, WE CALLED AG AND MARKETS. THEY SENT AN
INSPECTOR WHO RELEASED A REPORT SAYING EVERYTHING WAS SATISFACTORY,
MAYBE THERE WAS ONE DOG THAT NEEDED A RABIES SHOT. WHAT WAS
HAPPENING THERE INSTEAD, AND THIS WAS BECAUSE OF AN UNDERCOVER
OPERATION THAT HSUS CONDUCTED, THERE WAS A ROOM FULL OF SICK AND
DYING DOGS. THIS IS A STORE THAT AG AND MARKETS RATED AS EXCELLENT; IN
FACT, IT WAS A -- IT WAS A DEATH CHAMBER FOR MANY, MANY DOGS AND THOSE
WERE DOGS SOME OF WHOM WERE BEING SOLD. I MEAN --
MR. MANKTELOW: OKAY.
MS. ROSENTHAL: -- THERE'S NO AMOUNT OF
REGULATION WHEN THE STATE DOES NOT HAVE ENOUGH INSPECTORS, WHICH I
THINK AG AND MARKETS WOULD AGREE, WHERE USDA IS DOING A HORRIBLE
JOB AND, IN FACT, I'VE SPOKEN TO SENATOR GILLIBRAND --
MR. MANKTELOW: I --
MS. ROSENTHAL: -- ABOUT THAT AND SHE IS GOING TO
BE WORKING ON THAT ISSUE WITH ME.
MR. MANKTELOW: ALL RIGHT. THANK YOU, MA'AM.
I'M SORRY TO CUT YOU OFF, I'VE ONLY GOT LIKE A MINUTE LEFT AND I -- I
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APPRECIATE YOUR TIME AND YOUR ANSWERS.
AND, MR. SPEAKER, ON THE BILL REALLY QUICK.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. MANKTELOW: AGAIN, WE'RE -- WE'RE HEARING
WHAT'S GOING ON WITH THE USDA. HERE ON THIS FLOOR YESTERDAY WE
TALKED ABOUT WHAT THE FEDERAL GOVERNMENT IS NOT DOING AND WE, AS
NEW YORKERS, HAVE TO LEAD BY EXAMPLE. WELL, WE CAN LEAD BY
EXAMPLE, FIRST OF ALL, BY EMPOWERING OUR ACOS, OUR ANIMAL CONTROL
OFFICERS TO GO OUT THERE AND DO THE JOB. AND THE ONES I'VE SPOKE WITH IS
THEY SAID, GIVE ME THE POWER, WE'LL TAKE CARE OF THE PROBLEM. THAT'S --
THAT'S NUMBER ONE. WE CANNOT AFFORD TO LOSE ANY MORE BUSINESSES. I
HAVE GRAVE CONCERN THAT IF THIS GOES THROUGH, WE'RE GOING TO LOSE MORE
HIGHLY-REGULATED BUSINESSES BACK HOME THAT DO A GREAT JOB TO MAKE
SURE THAT PEOPLE THAT BUY THE CATS, THE RABBITS, AND THE DOGS, THAT THEY
GET WHAT THEY'RE PAYING FOR AND THAT THEY'VE BEEN LICENSED, THEY HAVE
THEIR SHOTS. IF WE TAKE THIS AWAY, IT'S GOING TO MAKE THE PROBLEM MUCH,
MUCH WORSE. SO AGAIN, WE'RE NOT ADDRESSING THE ISSUE OF THE BAD
ACTORS, WE'RE TRYING TO CHANGE IT.
AND MY LAST COMMENT IS IF -- IF THE SPONSOR HAS SUCH
AN ISSUE IN HER DISTRICT, IN HER AREA, INSTEAD OF DOING THIS ACROSS THE
STATE, LET'S DO A PILOT PROGRAM FOR A YEAR OR TWO AND SEE HOW IT WORKS
THERE AND IF IT'S WORKING WELL, THEN WE CAN SPREAD IT ACROSS THE STATE OR
IN OTHER PARTS OF THE STATE BEFORE WE JUST MAKE THIS BIG JUMP AND SHUT
EVERYTHING DOWN. SO MR. SPEAKER, I'D LIKE TO TALK MORE BUT I CAN'T, BUT
THANK YOU, SIR, FOR ALLOWING ME TO SPEAK AND I -- I WISH WE COULD JUST
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DO THE PILOT PROGRAM. THANK YOU, SIR.
ACTING SPEAKER CUSICK: THANK YOU.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD, PLEASE?
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER CUSICK: YES, THE SPONSOR
YIELDS.
MS. GIGLIO: THANK YOU TO MY COLLEAGUE. SO I
SHARE YOUR CONCERN ABOUT ANIMAL CRUELTY AND ABOUT PUPPY MILLS AND
HOW BAD THEY ARE, AND HOW FAMILIES SUFFER WHEN THEY BUY DOGS FROM
PET STORES, DOGS, CATS OR COMPANION ANIMALS FROM PET STORES THAT HAVE
BOUGHT OR PURCHASED FROM PUPPY MILLS AND THEY'RE BRINGING THEM IN.
BUT WE HAD A CONVERSATION LAST YEAR WHEN I FIRST TOOK OFFICE AND I TOLD
YOU THAT I HAD RECEIVED MANY CALLS FROM PEOPLE THAT WERE SUPPORTING
YOUR BILL, AND I TOLD YOU THAT I HAD A BILL AND I HAD ASKED YOU TO LOOK AT
MY BILL AND TO SEE IF WE COULD WORK TOGETHER ON IT, AND THEN WE -- WE
DIDN'T GET THAT OPPORTUNITY TO DO SO. BUT IT IS BILL NO. A4283 AND I
INVITE ALL MY COLLEAGUES TO LOOK AT IT WHILE WE'RE HERE IN THE CHAMBER
AND WHILE I'M DEBATING THIS BILL, BECAUSE I THINK THIS IS A BILL, A GOOD
BILL THAT WILL SOLVE THE PROBLEM.
SO MY QUESTION FOR YOU IS RIGHT NOW IN NEW YORK
STATE, IS IT TRUE THAT YOU CAN ONLY BUY A DOG OR -- OR A COMPANION
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ANIMAL FROM A LICENSED NEW YORK STATE BREEDER?
MS. ROSENTHAL: WELL, THAT'S -- PEOPLE CAN BUY
THEM WHERE THEY WANT, BUT THE LEGITIMATE SALES ARE FROM LICENSED
BREEDERS.
MS. GIGLIO: SO FROM PET STORES. PET STORES HAVE TO
BUY IT FROM A LICENSED NEW YORK STATE BREEDER.
MS. ROSENTHAL: NO. NEW YORK STATE BREEDERS
DO NOT SELL TO PET STORES BECAUSE THEY -- THEY DON'T WANT TO BE PART OF
THIS HORRIFIC INDUSTRY.
MS. GIGLIO: IS THAT -- OKAY. SO THEN MY NEXT
QUESTION WOULD BE HOW MANY PET STORES IN NEW YORK STATE HAVE BEEN
CAUGHT SELLING DOGS FROM PUPPY MILLS AND HAVE RECEIVED VIOLATIONS?
MS. ROSENTHAL: MANY, AND I CAN -- I CAN SHOW
YOU MANY ARTICLES IN -- IN THE MEDIA, MANY REPORTS FROM THE
ORGANIZATIONS THAT HORRIFIC CONDITIONS HAVE LED TO BUSINESSES HAVING TO
SHUT DOWN BECAUSE THE WAY THEY WERE KEEPING THEIR ANIMALS WAS
INHUMANE AND AGAINST THE LAW, FRANKLY.
MS. GIGLIO: SO THAT WAS AG AND MARKETS THAT SHUT
THEM DOWN, THE PET STORES THAT WERE...
MS. ROSENTHAL: AG -- AG AND MARKETS WHEN
THEY SEND THEIR INSPECTORS, THEY -- THEY DO ISSUE VIOLATIONS. THERE'S ONE
IN MANORVILLE, NEW YORK CALLED SPORTMAN'S KENNELS. THERE WERE
STRONG ODORS, CONTAMINATED WATER, DECREPIT CONDITIONS FOUND AND A
MASSIVE BREEDER PET STORE WITH ALMOST 300 DOGS AND PUPPIES. THEY
FOUND MANY VIOLATIONS. IT WAS BACKED UP SEWAGE SYSTEM LEADING TO
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CONTAMINATION OF THE ENCLOSURES SO ANIMALS COULD NOT GET AWAY FROM
WASTE OR STANDING WATER. ONE MOTHER DOG WHO DIDN'T HAVE ENOUGH
FLOOR SPACE TO LIE DOWN OUTSIDE HER WHELPING BOX, RUSTY WATER
BUCKETS --
MS. GIGLIO: OKAY.
MS. ROSENTHAL: -- THAT --
MS. GIGLIO: THANK YOU FOR THE DESCRIPTION.
MS. ROSENTHAL: -- DOGS WATER BEING --
MS. GIGLIO: I'M SORRY TO INTERRUPT, BUT...
MS. ROSENTHAL: YOU WANTED AN EXAMPLE.
MS. GIGLIO: MY TIME IS LIMITED, BUT.
MS. ROSENTHAL: SORRY.
MS. GIGLIO: ARE YOU AWARE THAT THAT PET STORE IS
STILL IN BUSINESS TODAY?
MS. ROSENTHAL: THEY ARE -- THEY ARE STILL OPEN?
MS. GIGLIO: YES, THEY ARE. SO...
MS. ROSENTHAL: THE PROBLEM IS --
MS. GIGLIO: MY QUESTION FOR YOU IS HOW DO YOU
THINK THAT BANNING PET STORES IS GOING TO FIX THE PROBLEM OF PUPPY MILLS
THROUGHOUT THE UNITED STATES?
MS. ROSENTHAL: WHAT IT WILL DO IS -- FIRST OF ALL,
WE'RE NOT SHUTTING DOWN STORES, WE ARE JUST SAYING THAT INSTEAD OF
SELLING POOR, GENETICALLY COMPROMISED SICK DOGS THAT WILL BREAK A
CHILD'S HEART BECAUSE THEY ARE SO SICK AND MOST --
MS. GIGLIO: OKAY.
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MS. ROSENTHAL: -- MANY, MANY DIE. WE'RE
SAYING THE BUSINESS MODEL IS WRONG.
MS. GIGLIO: OKAY.
MS. ROSENTHAL: AND WE ALSO SEE --
MS. GIGLIO: THANK YOU FOR YOUR RESPONSE.
ACTING SPEAKER CUSICK: WE --
MS. GIGLIO: I APPRECIATE IT.
ACTING SPEAKER CUSICK: WE -- WE HAVE TO --
IF WE ASK A QUESTION, WE HAVE TO LET THE PERSON ANSWER IT. SO...
MS. GIGLIO: SHE -- SHE ANSWERED THE QUESTION.
ACTING SPEAKER CUSICK: OKAY.
MS. ROSENTHAL: NO, I DIDN'T ANSWER -- I DIDN'T
FINISH ANSWERING THE QUESTION.
MS. GIGLIO: WELL, THE QUESTION WAS HOW IS THIS
GOING TO BE SHUTTING DOWN PUPPY MILLS AND YOU SAID IT'S NOT.
MS. ROSENTHAL: BUT THEN --
MS. GIGLIO: AND YOU SAID THAT MOST OF THE PET
STORES --
MS. ROSENTHAL: YOU KNOW WHAT? WE'RE NOT
GOING TO PLAY THIS GAME. IF YOU DON'T LET ME FINISH ANSWERING, YOU CAN
-- YOU CAN AIR LIFT QUOTES FROM WHAT I SAID. THE PROBLEM IS THAT NEW
YORK STATE SHOULD NOT BE IN THE BUSINESS OF ALLOWING INHUMANE
TREATMENT OF ANIMALS. AND IF WE DO NOT LET ANIMALS BE SOLD IN PET
STORES AND INSTEAD LET RESCUES SHOWCASE THEIR ANIMALS, WE ARE CUTTING
OUT THE -- THE CHAIN TO NEW YORK STATE.
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MS. GIGLIO: OKAY. SO -- ALL RIGHT. I THANK YOU
VERY MUCH FOR YOUR ANSWERS TO MY QUESTION AND I --
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER CUSICK: ON THE BILL.
MS. GIGLIO: SO MY BILL NO. A4283 IS A GOOD BILL
THAT HAS SOLUTIONS AND ANSWERS TO THE PROBLEMS THAT WILL ACTUALLY TRACE
THESE BAD ACTORS OF THESE PET STORES THAT ARE SELLING COMPANION ANIMALS
THAT ARE DYING. IT'LL TRACK THEM BACK TO THE PUPPY MILLS THAT ARE SELLING
THESE DOGS AND CATS AND RABBITS TO PET STORES LOCALLY. IF PET STORES ARE
RESTRICTED TO ONLY SELLING SHELTER DOGS, HOW DO WE KNOW THAT THOSE
SHELTER DOGS WEREN'T BOUGHT FROM PUPPY MILLS AND THAT THEY'RE GOING TO
HAVE THE SAME PROBLEMS THAT -- THAT PET STORES ARE -- YOU'RE -- YOU'RE
CLAIMING THAT THEY'RE BUYING FROM PUPPY MILLS.
SO WHEN I FIRST HEARD OF THIS PROBLEM, I STARTED TO CALL
MY VETERINARIAN, AND I CALLED TWO OTHER VETERINARIANS. AND I SAID IS
THIS HAPPENING WHERE FAMILIES ARE BUYING COMPANION ANIMALS AND
THEY'RE DYING WITHIN SIX MONTHS AND FAMILIES ARE TRAUMATIZED AND THEY
SAID, YES, IT IS HAPPENING. SO WE REALIZE THAT THERE'S A PROBLEM. SO
THAT'S WHY I DRAFTED A4283 AND I ASKED YOU TO TAKE A LOOK AT IT -- THE
SPONSOR TO TAKE A LOOK AT IT. BUT WHAT MY BILL DOES, AND WORKING WITH
THE VETERINARIANS AND THEY AGREE, IS IT CREATES A DEATH CERTIFICATE FOR
COMPANION ANIMALS. A DEATH CERTIFICATE THAT VETERINARIANS FILL OUT,
SEND TO AG AND MARKETS, AG AND MARKETS PUTS A DATABASE TOGETHER
ABOUT THESE PET STORES THAT ARE SELLING THESE COMPANION ANIMALS THAT
ARE DYING. WHEN YOU HAVE MORE THAN ONE PET THAT -- OR COMPANION
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ANIMAL THAT DIES WITHIN SIX MONTHS FROM A PET STORE, AG AND MARKETS
CAN SAY, HEY, LOCAL ANIMAL CONTROL, LOCAL ASPCA, YOU HAVE AUTHORITY
TO GO INTO THAT PET STORE AND LOOK AT EVERY PIECE OF PAPERWORK
IDENTIFIED WITH EVERY COMPANION ANIMAL WITHIN THAT PET STORE TO MAKE
SURE THAT THEY BOUGHT THOSE ANIMALS FROM A LICENSED NEW YORK STATE
BREEDER. AND IF THEY DID NOT AND THE ASPCA OFFICER OR THE LOCAL
ANIMAL CONTROL CAN TAKE THAT PAPERWORK, THEY CAN CALL EVERY BREEDER
AND SAY, DID THIS PET STORE BUY THIS COMPANION ANIMAL FROM YOU? IF
THE BREEDER SAYS NO, THEN YOU FIND OUT WHERE THEY ACTUALLY BOUGHT THAT
ANIMAL FROM WHETHER -- THAT COMPANION ANIMAL, WHETHER IT WAS FROM A
PUPPY MILL, WHETHER IT WAS FROM AN OUT-OF-STATE BREEDER, AND YOU GO --
YOU GO AFTER THAT PET STORE.
MY BILL ALSO MAKES UP FOR SAYING THAT -- SO THE
COMMISSIONER CAN SEND ANYBODY INTO A PET STORE IF THEY HAVE MORE
THAN ONE COMPANION ANIMAL THAT DIES WITHIN SIX MONTHS. IT ALSO SAYS
THAT EVERY PET DEALER WILL HAVE A PLACARD ON THE WINDOW OF THE
ENTRANCE TO THEIR STORE WITH A LINK TO NEW YORK STATE AG AND MARKETS
THAT SAYS AG AND MARKETS/PET STORE, AND YOU CAN LOOK UP THAT PET STORE
AND GET A RATING. IT WOULD REQUIRE AG AND MARKETS TO PUT TOGETHER A
RATING SYSTEM BASED ON PET COMPLAINTS FROM PET STORES. AND ANYBODY
THAT GOES TO THAT PET STORE CAN LOOK AT THAT, LOOK IT UP AND FIND OUT ANY
STATISTICS ABOUT THAT PET STORE. IF WITHIN 180 CALENDAR DAYS FOLLOWING
THE SALE OF A COMPANION ANIMAL, IF SUCH ANIMAL DIES THE CONSUMER SHALL
RECEIVE FULL REIMBURSEMENT FOR THAT ANIMAL, PLUS ANY VETERINARIAN COSTS
THAT WERE ASSOCIATED WITH IT, THAT WILL REIMBURSED FROM THE PET DEALER,
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WHICH WILL DISCOURAGE THE PET DEALER FROM ACTUALLY BUYING A -- OR
SELLING A DOG THAT'S ILL BECAUSE THEY KNOW THAT THEY'RE JUST GOING TO
HAVE TO PAY THE FAMILY THE MONEY THAT THEY JUST RECEIVED.
SO THIS -- THESE ARE SOLUTIONS TO A PROBLEM AND IT'LL
ACTUALLY TRACE BACK TO THE PUPPY MILLS BECAUSE THE USDA, IN MY
OPINION, AND I COULDN'T AGREE WITH YOU MORE, THE SPONSOR, IS THEY'RE NOT
DOING A GOOD JOB. AND THERE ARE ANIMALS OUT THERE, THERE ARE FEMALE
DOGS THAT ARE OVER-BRED AND THEN THEY'RE JUST KILLED AFTER THEIR USEFUL
LIFE IS OVER, AND THAT'S AWFUL. WE CAN ALL AGREE, CRUELTY TO ANIMALS IS A
BAD THING. BUT IGNORING THE PROBLEM IS JUST COVERING UP THE PROBLEM
AND CREATING AN UNDERGROUND MARKET WHERE PEOPLE WILL BE BUYING
COMPANION ANIMALS FROM OTHER STATES SURROUNDING US, CONNECTICUT,
PENNSYLVANIA, NEW JERSEY, AND THEY'LL BE BRINGING THEM HOME AND THEY
-- THOSE ANIMALS MAY BE BOUGHT FROM A PUPPY MILL BUT THERE'LL BE NO
WAY OF TRACING IT BACK TO A PUPPY MILL WHERE WE CAN ACTUALLY FORM A
REGISTRY AND GO TO THE FEDERAL GOVERNMENT, GO TO THE USDA AND SAY,
LOOK, WE HAVE ALL OF THESE COMPANION ANIMALS FROM THIS ONE PUPPY
MILL AND WE WANT YOU TO SHUT THAT PUPPY -- THAT PLACE DOWN. WE WANT
YOU TO REVOKE THEIR LICENSE. THEY'RE SELLING COMPANION ANIMALS TO PET
STORES THAT ARE SELLING TO FAMILIES AND THE -- THEY'RE -- THE COMPANION
ANIMALS ARE DYING WITHIN SIX MONTHS.
SO THE VETERINARIANS AGREE THAT MY BILL IS A GOOD BILL,
WITH DEATH CERTIFICATES FOR COMPANION ANIMALS, AND AG AND MARKETS
CREATING A REGISTRY. IT'LL TRACE IT BACK TO THE PUPPY MILL THAT WILL STILL BE
IN EXISTENCE WHETHER WE BAN PET STORES IN NEW YORK OR NOT; AT LEAST IT'S
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A REMEDY. AND MANY VISITORS TO MY OFFICE THAT ORIGINALLY THREATENED TO
PICKET OUTSIDE MY OFFICE, BUT WHEN THEY CAME IN AND READ MY BILL THEY
LIKED IT. THEY THOUGHT IT WAS A SOLUTION TO THE PROBLEM. AND I THINK
THAT BANNING PET STORES IS NOT A SOLUTION TO THE PROBLEM, BUT I DO AGREE
THAT CRUELTY TO ANIMALS IS A TERRIBLE THING AND SHOULD NEVER BE
PERMITTED. IT -- IT -- OUR COMPANION ANIMALS SHOULD BE TREATED LIKE OUR
CHILDREN.
SO I COMMEND THE SPONSOR FOR TRYING TO FIND A
SOLUTION TO THE PROBLEM, BUT I DON'T BELIEVE THAT BANNING PET -- BANNING
THE SALE OF COMPANION ANIMALS UNLESS THEY'RE FROM A SHELTER BY ANY PET
STORE IN NEW YORK IS NOT A SOLUTION TO THE PROBLEM AND IT'S NEVER GOING
TO SHUT DOWN ANY PUPPY MILL THROUGHOUT THE UNITED STATES. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER CUSICK: THANK YOU.
MS. BYRNES.
BEFORE -- MS. BYRNES, BEFORE YOU START IF I COULD JUST
ASK FOR MEMBERS TO -- TO SIT IN THEIR SEATS AND IF STAFF CAN GO TO THEIR --
THEIR SEATS, ALSO. IT'S GETTING A LITTLE LOUD AND WE WANT TO MOVE THESE
DEBATES ALONG. THANK YOU.
MS. BYRNES.
MS. BYRNES: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
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ACTING SPEAKER CUSICK: THE SPONSOR YIELDS.
MS. BYRNES: THANK YOU. THANK YOU, MA'AM.
EXCUSE ME. I JUST WANT TO VERIFY THAT LEGITIMATE BREEDERS ARE
ABSOLUTELY EXEMPT FROM THIS LAW.
MS. ROSENTHAL: ARE WHAT?
MS. BYRNES: LEGITIMATE BREEDERS ARE EXEMPT FROM
THIS LAW.
MS. ROSENTHAL: YES.
MS. BYRNES: ALL RIGHT. NO MATTER HOW MANY
FEMALES THEY HAVE, NO MATTER THE NUMBER OF LITTERS OR PUPPIES, IF
THEY'RE A LEGITIMATE BREEDER IN THE STATE OF NEW YORK SELLING OUT OF
THEIR OWN PREMISES, THEY'RE EXEMPT.
MS. ROSENTHAL: ABSOLUTELY.
MS. BYRNES: OKAY. THANK YOU.
MS. ROSENTHAL: THANK YOU.
MS. BYRNES: YEAH, I CAN TALK AT THIS HOUR OF THE
NIGHT. IF I COULD BE HEARD ON THE BILL.
ACTING SPEAKER CUSICK: ON THE BILL.
MS. BYRNES: I APPRECIATE WHERE THIS IS COMING
FROM. I AM GOING TO BE VOTING AND SUPPORTING THIS BILL. THIS IS MY
CONCERN, AND FOR FUTURE REFERENCE, I BELIEVE THAT THIS BILL IS EXCLUDING A
WHOLE MARKET OF THE SALES OF ANIMALS WHERE, IN MY AREA, MOST OF THE,
FOR LACK OF A BETTER EXPRESSION, SICK AND DEFECTIVE ANIMALS COME FROM.
MOST OF THE ANIMALS IN MY AREA, WHICH ARE -- FREQUENTLY AS YOU DRIVE
DOWN THE ROADS, YOU'LL SEE A SIGN TACKED UP ON A POLE SAYING, PUPPIES
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FOR SALE, X-AMOUNT OF DOLLARS, JUST GO UP THE ROAD; OR YOU'LL SEE AN AD
IN THE PENNY SAVER. AND WHAT IT IS, IS A LOT OF IT, IN MY AREA, IS AMISH
FARMS AND PEOPLE THAT ARE UNDER THE RADAR. THEY ARE NOT LEGITIMATE
BREEDERS, BUT THEY ARE SELLING OFF OF THEIR OWN PROPERTY, USING THE SAME
ANIMALS OVER AND OVER. THEY ARE SICK, IT'S A TERRIBLE SITUATION. THERE'S
NOT ENOUGH ANIMAL RESOURCE OFFICERS IN ORDER TO TAKE CARE OF THIS
PROBLEM.
AND I JUST WANTED TO MAKE THE POINT THAT THIS IS NOT
GOING TO CURE ANY ISSUE, AT LEAST IN MY AREA OF THE STATE, BECAUSE THE
SICK, INJURED, HORRIBLE SITUATIONS THAT MS. ROSENTHAL IS TALKING ABOUT, IN
MY AREA ARE NOT COMING FROM PUPPY MILLS, PER SE, AS WE DEFINE THEM IN
ALL OF THE ARTICLES WE READ, IT'S COMING FROM JUST SOME LOCAL PERSON
BREEDING AND REBREEDING AND REBREEDING THE SAME ANIMALS TO A POINT OF
EXHAUSTION AND DEATH, SELLING THEM AND INNOCENT PEOPLE NOT KNOWING
OR UNDERSTANDING, AND INSUFFICIENT RESOURCES TO MANAGE IT.
SO I HOPE THAT IN THE FUTURE, AS MR. MANKTELOW WAS
SAYING EARLIER, THAT WE START LOOKING INTO THE RESOURCES THAT ARE ACTUALLY
NECESSARY, ESPECIALLY IN THE RURAL AREAS; LITERALLY, THERE COULD JUST BE A
SIGN ON THE ROAD WITH AN ARROW WHERE TO GO TO FIND DOGS.
THANK YOU.
ACTING SPEAKER CUSICK: MR. FITZPATRICK.
(6:21:40).
MR. FITZPATRICK: THANK YOU, MR. SPEAKER. ON
THE BILL.
ACTING SPEAKER CUSICK: ON THE BILL.
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MR. FITZPATRICK: FIRST, BEFORE I BEGIN I JUST -- A
BRIEF HOUSEKEEPING ITEM. MY COLLEAGUE TO THE LEFT ASKED ME TO GET UP
AND JUST CORRECT HER BILL THAT'S A.6560. SHE MISTAKENLY REFERRED TO THE
SPONSOR'S BILL.
ACTING SPEAKER CUSICK: I THINK, SIR, WE'LL
STICK TO THE BILL-IN-CHIEF.
MR. FITZPATRICK: YES.
ACTING SPEAKER CUSICK: THANK YOU, SIR.
MR. FITZPATRICK: (INAUDIBLE) CORRECT THAT. DO
HER A FAVOR. THANK YOU, MR. SPEAKER.
I -- I REMEMBER A CONVERSATION I HAD WITH A COUPLE OF
THE ADVOCATES FOR THE SPONSOR'S LEGISLATION WHEN THEY VISITED MY OFFICE
A WHILE BACK AND, YOU KNOW, LIKE EVERYBODY HERE I OPPOSE PUPPY MILLS
JUST OUTRIGHT. THEY'RE WRONG, THEY'RE BAD OPERATIONS. THEY'RE OPERATED
BY BAD PLAYERS IN THIS INDUSTRY. BUT ARE THEY -- ARE THEY THE MAJORITY?
I'M NOT SO SURE. BUT WHAT STRUCK ME IS THAT IN THE DISCUSSION WE HAD, I
SAID, WHY AREN'T WE PUTTING THE NECESSARY PRESSURE ON THE FDA
THROUGH OUR MEMBERS OF CONGRESS AND GET THEM TO DO THE JOB THAT THE
FEDERAL GOVERNMENT SHOULD DO? AND IT KIND OF STRUCK ME BECAUSE THIS
IS -- BASICALLY WHAT TRANSPIRED IS REALLY WHAT MADE UP MY MIND TO
OPPOSE THIS BILL IS THAT -- WELL, WE'RE NOT HAPPY WITH WHAT THE FDA IS
DOING. SO WE'D RATHER GO AFTER THE STATES AND SHUT DOWN THE RETAILERS.
AND I SAID, WHAT ABOUT THE PEOPLE WHO WORK AT THESE INSTITUTIONS?
WHETHER THEY BE FULL-TIMERS, PART-TIMERS. YOU KNOW, PEOPLE WHO, YOU
KNOW NEED THEIR JOB. AND I WAS, QUITE FRANKLY, BOTHERED BY THE
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INDIFFERENCE, THE UTTER INDIFFERENCE THAT THEY EXPRESSED TOWARD THE
SUFFERING THAT THESE PEOPLE WILL GO THROUGH WHEN THEIR EMPLOYER IS SHUT
DOWN AND GOES OUT OF BUSINESS BECAUSE OF THIS LEGISLATION. SO I THINK
THERE IS A BETTER WAY, WHETHER IT'S MY COLLEAGUE'S BILL HERE AND WHAT
SHE OFFERS, OR MAYBE DOUBLING YOUR EFFORTS FOR LOBBYING THE FEDERAL
GOVERNMENT THROUGH OUR MEMBERS OF CONGRESS. AFTER ALL THE SENATE
MAJORITY LEADER IN WASHINGTON IS OUR SENATOR FROM HERE IN NEW YORK
SO WE KNOW WE HAVE A SYMPATHETIC EAR DOWN THERE TO GET ACTION ON
PUPPY MILLS AT THE FEDERAL LEVEL. BUT I WILL NOT VOTE TO PUT SMALL
BUSINESS PEOPLE OUT OF BUSINESS AND CAUSE SUFFERING FOR ALL OF THOSE
EMPLOYEES. I'M A PET LOVER. I GREW UP WITH DOGS, CATS AND RABBITS. I
HAD ALL THREE GROWING UP. AND, YOU KNOW, ENJOY A DOG TODAY. BUT I
WILL NOT THROW PEOPLE OUT OF WORK WHEN A LITTLE EXTRA EFFORT AT THE
FEDERAL LEVEL IS WHAT'S NEEDED. SO LET'S NOT TAKE THE PATH OF LEAST
RESISTANCE AND HURT THE SMALL BUSINESS PERSON AND THEIR EMPLOYEES AND
THEIR LIVELIHOODS WHEN WE COULD DO A BETTER JOB OF LOBBYING THE
FEDERAL GOVERNMENT. LET'S CALL OUR SENATE MAJORITY LEADER AND HAVE
HIM MAKE SOMETHING HAPPEN.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON 365TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 1130. THIS IS A PARTY VOTE. ANY MEMBER
WISHING TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
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NYS ASSEMBLY JUNE 3, 2022
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
MENTIONED BY MY COLLEAGUES. THOSE WHO SUPPORT IT ARE ENCOURAGED TO
VOTE YES ON THE FLOOR OR BY CONTACTING THE MINORITY LEADER.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. THE
MAJORITY WILL BE VOTING IN THE AFFIRMATIVE. ANYONE THAT WISHES TO BE
AN EXCEPTION I URGE THEM TO CALL THE MAJORITY LEADER'S OFFICE AND WE
WILL ANNOUNCE THEIR NAME ACCORDINGLY.
THANK YOU.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. ALL OF US WANT TO
MAKE SURE THAT DOGS AND CATS AND RABBITS THAT OUR FRIENDS AND
NEIGHBORS MAY PURCHASE AS PETS ARE HEALTHY AND WILL MAKE GREAT PETS
FOR MANY YEARS TO COME. ON THAT WE ALL AGREE. WHERE WE DISAGREE IS
HOW DO WE DEAL WITH THOSE SITUATIONS WHERE THERE ARE UNSCRUPULOUS
BREEDERS. MY RECOMMENDATION AND I THINK THE RECOMMENDATION THAT
WE USUALLY FOLLOW IS WE ASK OUR DEPARTMENT OF AG AND MARKETS TO
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UTILIZE THEIR AUTHORITY AND GO AFTER UNSCRUPULOUS BREEDERS AND
UNSCRUPULOUS SUPPLIERS. BUT WHAT THIS BILL DOES IS IT SHUTS -- ESSENTIALLY
SHUTS DOWN THE ENTIRE INDUSTRY. IT SHUTS DOWN EVERY PET STORE FROM
HAVING THE ABILITY TO SELL PETS, THE MOST COMMON PETS. NOW IMAGINE IF
WE APPLIED -- APPLIED THAT THEORY IN OTHER AREAS. IMAGINE IF WE SAID,
YOU KNOW, WE HAD A RECALL OF SOME MEAT BECAUSE THERE'S SALMONELLA,
SO WHAT WE'RE GOING TO DO IS WE'RE GOING TO BAN ALL MEAT SALES FROM
EVERY GROCERY STORE. OR, WE HAD A PROBLEM WITH A DRUG AND SO WE'RE
GOING TO BAN DRUGS FROM ALL PHARMACIES. THIS IS OVERKILL. WE'RE
KILLING AN ENTIRE BUSINESS INSTEAD OF REGULATING IT, FOR WHICH WE ALREADY
HAVE THE AUTHORITY TO DO. AND WE CAN GO IN AND WE CAN CORRECT THE
PROBLEM WITHOUT THROWING INNOCENT EMPLOYEES AND WELL-RUN,
CONSCIENTIOUS PET STORE OWNERS OUT OF BUSINESS. YOU KNOW, ONCE IN A
WHILE WE'LL HAVE A BAD ATTORNEY. WE DON'T BAN ALL ATTORNEYS. WE DON'T
BAN ALL DOCTORS FOR ONE OR TWO. AND WE SHOULDN'T BAN PET STORES FROM
BEING ALLOWED TO SELL PETS INSTEAD OF ADDRESSING THE ISSUE DIRECTLY.
THANK YOU, SIR. THAT'S WHY I'M VOTING IN THE NEGATIVE.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER, TO EXPLAIN MY
VOTE. CERTAINLY, I APPRECIATE THE POINTS THAT HAVE BEEN RAISED AND, YOU
KNOW, I DON'T TAKE THIS BILL LIGHTLY. WE KNOW IT'S BEEN AROUND A
NUMBER OF YEARS, HAS GOTTEN ACROSS THE -- YOU KNOW, PASSED IN THE
SENATE, HASN'T GOTTEN ACROSS THE FINISH LINE HERE. BUT THERE'S DEFINITELY
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NO QUESTION, WE HAVE A PROBLEM IN THE STATE. THERE'S A STORE DOWN ON
LONG ISLAND THAT HAS BEEN GONE AFTER BY THE ATTORNEY GENERAL'S OFFICE
RECENTLY AND HAD -- HAD BEEN INVESTIGATED AND SUED BY THE ATTORNEY
GENERAL'S OFFICE YEARS AGO WHEN I WAS AN INTERN THERE, YET -- YET ARE
CONTINUING TO OPERATE IN THAT MANNER. YOU KNOW, I THINK THAT WHEN WE
LOOK AT THIS ISSUE I CERTAINLY APPRECIATE THE BUSINESS OWNER SIDE OF IT.
BUT -- BUT LIKE I SAID, I THINK WE HAVE A PROBLEM THAT NEEDS TO BE
ADDRESSED. AND I -- I CERTAINLY LOOK AT THIS DIFFERENTLY THAN MAYBE I
WOULD HAVE A FEW YEARS AGO WHEN I, YOU KNOW, LOOK AT A LOCAL ANIMAL
SHELTER WHERE I ADOPTED MY DOG FROM, CARTER, WHO WAS, YOU KNOW, ONE
OF -- ONE OF JUST THE GREAT, I GUESS, JOYS IN MY LIFE, AS -- YOU KNOW, HEY,
HE GREETS ME WHEN I COME HOME FROM ALBANY, SOMETIMES WITH MORE
ENTHUSIASM THAN MY WIFE DOES, BUT HE'S ALWAYS WAITING FOR ME. BUT
WE NEED TO I THINK TRY TO ADDRESS THIS PROBLEM AND THE TRAGIC THINGS THAT
IN SO MANY OF THOSE SHELTERS THROUGHOUT NEW YORK STATE, THERE ARE
MANY, MANY DOGS IN THERE THAT SIT THERE FOR YEARS AND YEARS AND YEARS
AND NEVER GET THAT OPPORTUNITY THAT CARTER GOT AND BEING ADOPTED INTO
OUR HOME. AND I HOPE THAT THIS WILL START TO ADDRESS THAT PROBLEM.
LIKE MY COLLEAGUES SAID, THERE -- THERE ARE OTHER THINGS I THINK THAT WE
CAN DO TO TRY TO ADDRESS THAT PROBLEM, BUT THIS IS REALLY ABOUT CUTTING
DOWN ON THAT MARKET FOR THOSE PUPPY MILLS TO SELL THEIR DOGS.
SO I -- I CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. RA IN THE
AFFIRMATIVE.
MR. MANKTELOW.
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MR. MANKTELOW: THANK YOU, MR. SPEAKER. JUST
TO EXPLAIN MY VOTE. WE'VE BEEN GOING THROUGH MANY, MANY BILLS HERE
IN THE LAST SEVERAL DAYS AND I WAS REALLY ENCOURAGED LAST NIGHT WHEN WE
HAD SOME -- SOME TALK ACROSS BOTH SIDES OF THIS BUILDING, THIS CHAMBER,
TALKING ABOUT WORKING TOGETHER. I WANT TO THANK THE SPONSOR FOR
BRINGING THIS BILL FORWARD BECAUSE I DO AGREE WITH HER THAT WE NEED TO
ADDRESS THESE BAD ACTORS, THESE BAD PUPPY MILLS. AND THIS IS WHAT IT'S
ALL ABOUT. NOT WHETHER WE'RE REPUBLICANS OR DEMOCRATS, BUT MAKING
SURE WE ACCOMPLISH WHAT WE'RE CALLED TO DO HERE, AND THAT'S WORKING
TOGETHER. GETTING THE DIALOGUE TOGETHER, DEBATING ON THIS FLOOR, COMING
UP WITH GOOD POINTS FROM BOTH SIDES OF -- OF THE ISSUE. AND I -- I, TOO,
WANT TO MOVE THIS THING FORWARD. I THINK WE CAN DO IT INTERNALLY WITH
OUR OWN ANIMAL CONTROL OFFICERS, WORKING THROUGH AG AND MARKETS AND
LET THEM PUSH IT AND LET'S DO THIS IN THE RIGHT WAY. LET'S PROTECT OUR
BUSINESSES, BUT ALSO AT THE SAME TIME, MR. SPEAKER, LET'S GET THESE BAD
ACTORS. WE COULD DO THE (INAUDIBLE) OF THE ANIMAL CONTROL OFFICER
FASTER THAN ANYTHING ELSE TO MAKE THIS HAPPEN QUICKLY, AND THAT'S THE
DIRECTION I WANT TO GO, I WANT GET THESE BAD ACTORS, GET THEM OUT OF HERE
SO WE CAN TAKE CARE OF THIS IN MAKING SURE OUR FAMILIES HAVE GOOD,
RELIABLE PETS COMING INTO THEM THAT THEY'RE SPENDING THEIR MONEY ON.
SO AGAIN, THANK YOU, MADAM SPONSOR, FOR YOUR BILL
AND FOR DISCUSSING THIS WITH ME. AND IF WE CAN MAKE A FEW CHANGES
AND LOOK AT THE OTHER BILL THAT MR. PRETLOW HAS, I THINK WE CAN MAKE
THIS WORK. AND I WANT TO SUPPORT YOU, BUT RIGHT NOW THERE NEEDS TO BE
A FEW MINOR CHANGES. AND IF WE CAN DO THAT AND MAKE AN AMENDMENT,
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I'M RIGHT WITH YOU. SO THANK YOU, MR. SPEAKER. AGAIN, THANK YOU,
MADAM SPONSOR, AND I'LL BE VOTING IN THE NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. MANKTELOW IN
THE NEGATIVE.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE.
ACTING SPEAKER AUBRY: YES, MA'AM.
MS. GIGLIO: OKAY. SO, BEING A LOCAL ELECTED
OFFICIAL FOR TEN YEARS AND SEEING WHAT WAS HAPPENING IN OUR ANIMAL
SHELTERS WE DECIDED TO PRIVATIZE OUR ANIMAL SHELTER, WHICH WAS A BIG
STEP BECAUSE THE -- THE DOGS THAT WE HAD IN THERE, THE CATS THAT WE HAD
IN THERE, THEY REALLY NEEDED BETTER CARE. AND SO WE PRIVATIZED IT AND
THEY ARE GETTING BETTER CARE THAT THEY DESERVE. BUT AS FAR AS PET STORES
GETTING -- GETTING THE (INAUDIBLE) ANIMALS FROM SHELTERS AND SELLING
THEM IN THEIR PET STORES, I DON'T SEE THAT HAPPENING. AND I THINK IT'S A
GREAT THOUGHT, I THINK IT'S A GREAT IDEA, BUT I DON'T THINK THAT THAT'S GOING
TO HAPPEN. I -- I REALLY HOPE THAT THE GOVERNOR WILL TAKE A LOOK AT MY
BILL, A.6560, AND I HOPE THAT MY PARTNER OVER THERE IN THE ASSEMBLY
WILL ALSO TAKE A LOOK AT A.6560 AND SPEAK WITH SOME OF HER PEOPLE THAT
ARE JUST AS CONCERNED AS I AM ABOUT CRUELTY TO ANIMALS AND PUPPY MILLS.
AND FINDING A WAY TO ACTUALLY TRACK THE PETS THAT ARE BEING SOLD OUT OF
OUR PET STORES IN NEW YORK BACK TO PUPPY MILLS AND SHUTTING THOSE
PUPPY MILLS BECAUSE WE'LL HAVE A REGISTER. WE'LL KNOW HOW MANY PETS
IN NEW YORK HAVE COME FROM THESE PUPPY MILLS BECAUSE WE'LL HAVE
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AG AND MARKETS TELL THE ANIMAL CONTROL OFFICERS AND TELL THE LOCAL
ANIMAL CONTROL AND ASPCA TO GO INTO THOSE PET STORES AND LOOK AT THE
PAPERWORK AND MATCH THE PAPERWORK UP TO THE PETS THAT ARE IN THE STORE
AND MAKE SURE THAT THEY WERE NOT BOUGHT FROM A PUPPY MILL. AND IF
THEY WERE, THAT'S THE SOLUTION FOR THE PROBLEM. BUT THIS IS JUST KEEPING
NEW YORK IN A LITTLE SHELL AND THE REST OF THE COUNTRY IS GOING TO
CONTINUE TO BUY FROM PUPPY MILLS, AND EVEN NEW YORKERS WILL BUY
FROM PUPPY MILLS UNBEKNOWNST TO THEM. I'M SURE OF IT.
SO IF THE GOVERNOR WILL PLEASE LOOK AT MY BILL A.6560,
MAYBE MY PARTNER OVER THERE ON THE OTHER SIDE OF THE AISLE WILL WORK
ON A CHAPTER AMENDMENT FOR THIS SO THAT WE CAN TRACK DOWN THESE
PUPPY MILLS AND SHUT THE PUPPY MILLS DOWN. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. GIGLIO IN THE
NEGATIVE.
MR. MONTESANO TO EXPLAIN HIS VOTE.
MR. MONTESANO: THANK YOU, MR. SPEAKER. YOU
KNOW, THIS HAS BEEN A TOUGH BILL FOR ME BECAUSE THERE'S BEEN A LOT OF,
YOU KNOW, SUPPORT FOR IT IN MY DISTRICT. THERE'S BEEN SOME OPPOSITION,
BUT PRIMARILY SUBSTANTIAL SUPPORT FROM PEOPLE DOWN ON THE ISLAND.
AND I HAVE TO TELL YOU THAT THE REASON WHY THIS BILL HAD TO COME ABOUT
IS BECAUSE OF TWO COMPONENTS; FIRST, THE UNITED STATES DEPARTMENT OF
AGRICULTURE AND MARKETS HAS FAILED MISERABLY IN REGULATING AND
INSPECTING THE OUT-OF-STATE PUPPY MILLS. BECAUSE THAT'S WHERE THE
BULK, THE LARGE MAJORITY OF ALL THESE PUPPIES AND OTHER ANIMALS ARE
IMPORTED FROM, FROM TENNESSEE AND FROM DOWN SOUTH AND OTHER
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STATES, AND THEY'RE PURCHASED BY THE PET STORES HERE IN NEW YORK AND
THEY'RE SOLD. I NEVER HEARD TOO MUCH OF A PROBLEM WITH PUPPY MILLS IN
THE STATE OF NEW YORK, BUT I'M SURE A FEW EXIST. AND THEN WE GO TO
OUR NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS, ANOTHER
MISERABLE FAILURE BY THEM AS A STATE AGENCY, FOR NEVER DEALING WITH THE
SITUATION. AND AS MY COLLEAGUE FROM OUT EAST JUST INDICATED, GO INTO
THESE STORES, CONDUCT RANDOM INSPECTIONS, LOOK AT THEIR MANIFEST, LOOK
AT THEIR INVOICES. EVERY COUNTY AS FAR AS I KNOW, AND I COULD BE WRONG,
HAS AN ASPCA AND THEY GO OUT AND INVESTIGATE ALL THESE TYPES OF
THINGS BUT THEY'RE WEAK IN SOME PLACES. AND DOWN ON LONG ISLAND
OURS WORK, ESPECIALLY OUT IN SUFFOLK COUNTY. THEY BREAK UP A LOT OF
ANIMAL FIGHTING RINGS AND THINGS OF THAT NATURE. BUT ALL WE NEEDED WAS
THAT THE GOVERNOR REGULATE THESE STORES AND THIS SITUATION COULD HAVE
NEVER GOTTEN OUT OF -- OUT OF THE CONTROL THAT IT IS NOW. SO
UNFORTUNATELY, A WHOLE LINE OF BUSINESSES HAVE TO BE AFFECTED.
BUT I WILL SUPPORT THE PIECE OF LEGISLATION BECAUSE
UNTIL WE CAN GET IT UNDER CONTROL THIS SEEMS TO BE THE ONLY ALTERNATIVE
SO I'LL VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. SCHMITT.
MR. SCHMITT: MR. SPEAKER, TO EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MR. SCHMITT: ANYTHING THAT WE CAN DO TO EXPAND
ADOPTION OF ANIMALS IN THE STATE OF NEW YORK AND DISCOURAGE THE
PUPPY MILL TRADE IS CRITICALLY IMPORTANT. MY FAMILY AND I AND MANY OF
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MY CONSTITUENTS ARE BIG SUPPORTERS OF THE "ADOPT, DON'T SHOP"
CAMPAIGN. MR. SPEAKER, YOU KNOW MYSELF, OF COURSE (INAUDIBLE) I'VE
HAD MY OWN ADOPTED DOG QUINCY, QUINCY THE ASSEMBLY DOG, SIT IN
THIS CHAIR AND HELPING ADVOCATE FOR THAT CAMPAIGN ACROSS -- ACROSS THE
HUDSON VALLEY. I AM HAPPY TO CAST MY VOTE IN SUPPORT OF THIS
LEGISLATION AND ENCOURAGE EVERYONE TO USE THEIR POSITION HERE IN THE
ASSEMBLY TO ADVOCATE FOR OUR KITTENS, DOGS, RABBITS AND OTHER ANIMALS
WHO ARE NEED OF A LOVING FOREVER HOME.
THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. MR.
SCHMITT IN THE AFFIRMATIVE.
MS. GRIFFIN.
MS. GRIFFIN: THANK YOU, MR. SPEAKER. THANK YOU
FOR ALLOWING ME TO EXPLAIN MY VOTE. THIS WAS A VERY TOUGH VOTE
BECAUSE I HAD MANY ACTIVISTS COME AND RALLY, PICKET AT MY OFFICE.
MOST OF THEM THOUGHT THIS BILL MEANT THAT THE -- WE WERE SHUTTING THE
PUPPY MILLS. I DON'T KNOW HOW MANY E-MAILS I GOT WHERE PEOPLE SAID,
YOU HAVE TO SHUT DOWN THE PUPPY MILLS. AND I SAID, I WOULD LOVE TO
BUT THIS BILL DOESN'T DO THAT. SO -- AND I HAD A LOT OF PEOPLE, I KNOW
PEOPLE -- I DID LIKE A JUST ON A MOM'S PAGE I DID A (INAUDIBLE) YEARS AGO
WHEN I FIRST GOT HERE, AND SO MANY PEOPLE BROUGHT THEIR PUPPIES OR
KITTENS FROM THE LOCAL PUPPY STORES AND THEY HAD GREAT EXPERIENCES.
MY CHIEF-OF-STAFF HAS -- HAD BOUGHT FOUR DOGS FROM MY LOCAL PUPPY
STORE. GREAT EXPERIENCE. SO THIS IS A TOUGH VOTE. BUT WHAT I DID IN
2021 IS I SENT OUT A CONSTITUENT SURVEY AND I PUT THIS QUESTION ON THE
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SURVEY. AND IT WAS 49 PERCENT SUPPORTED IT AND 35 PERCENT OPPOSED IT.
SO ALTHOUGH I'M MIXED AND ALTHOUGH I HAVE SPENT A LOT OF TIME WITH
PUPPY STORE OWNERS, I'VE GONE TO STORES TO SEE HOW THEY ARE AND I DON'T
THINK THEY'RE -- THEY'RE -- I DON'T KNOW IF THEY'RE BAD ACTORS, THEY
CERTAINLY DON'T APPEAR TO BE. AND I DO NOT THINK WE SHOULD SHUT DOWN
BUSINESSES. I DON'T THINK THAT'S THE ANSWER HERE. I DO LIKE -- YOU KNOW,
I AM INTERESTED IN THE OTHER BILL I'VE LEARNED ABOUT THIS AFTERNOON, BUT
BECAUSE I HAVE THE 49 PERCENT OF CONSTITUENTS WHO SUPPORT IT, THAT'S MY
JOB TO SUPPORT CONSTITUENTS, IT'S NOT MY VOTE, IT'S A VOTE FOR MY
CONSTITUENTS SO, THEREFORE, I VOTE IN THE AFFIRMATIVE. BUT I DO FEEL THAT
THIS IS A -- IS A REALLY TOUGH VOTE BECAUSE I DON'T THINK EITHER VOTE IS THE
CORRECT WAY TO GO.
THANK YOU.
ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE
AFFIRMATIVE.
MS. ROSENTHAL TO EXPLAIN HER VOTE.
MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. THE LEGISLATION THAT WE ARE VOTING ON NOW IS -- IS
ABOUT SHUTTING DOWN THE PUPPY MILL PIPELINE INTO NEW YORK STATE. IT
IS NOT AN ATTACK ON BUSINESSES OR REPUTABLE BREEDERS. IT IS NOT
RESTRICTING A CONSUMER'S ABILITY TO PURCHASE THE TYPE OF PET THEY WANT.
IT'S A MEASURE TO END THE CRUELTY THAT GOES ON IN PUPPY MILLS ACROSS THE
COUNTRY WHICH ARE SUPPLYING PET STORES HERE IN NEW YORK STATE. WE
KNOW HOW TERRIBLE THESE MILLS ARE. THEY KEEP ANIMALS IN CRAMPED AND
FILTHY CONDITIONS. THEY FOREGO VETERINARY CARE FOR THE ANIMALS. THEY
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BREED THEM OVER AND OVER AGAIN UNTIL THEY ARE NO LONGER OF USE. A PET
STORE MAY CLAIM THAT THEY ONLY SOURCE FROM USDA-INSPECTED FACILITIES,
AND THAT MAY SOUND REASSURING TO AN UNSUSPECTING CUSTOMER, BUT WE
KNOW THAT THE FEDERAL RULES ARE SO LACKED AND UNENFORCED THAT A
USDA-INSPECTED FACILITY IS ALSO A PUPPY MILL. WHEN A FAMILY GOES
INTO A STORE AND PURCHASES AN ANIMAL ONLY TO GO HOME AND DISCOVER
THAT THE ANIMAL IS SICK OR GENETICALLY DAMAGED AND WILL REQUIRE
THOUSANDS IN VETERINARY CARE, THEY ARE HEARTBROKEN. THEY HAVE FALLEN
IN LOVE WITH THEIR NEW PUPPY OR KITTEN AND CONSIDER IT PART OF THEIR
FAMILY.
SO TODAY WE ARE ONE STEP CLOSER TO ENDING THE PUPPY
MILL TO PET STORE PIPELINE AND PROTECTING BOTH ANIMALS AND CONSUMERS
FROM THE HARM THAT THIS PIPELINE BRINGS. I MUST SAY, THIS BILL IS A
BIPARTISAN EFFORT. MANY OF MY COLLEAGUES ACROSS THE AISLE, I'VE HAD
MANY CONVERSATIONS, INPUT FROM THEM, THEY SUPPORT IT AND OF COURSE
MANY OF MY COLLEAGUES ON THIS SIDE OF THE AISLE HAVE AS WELL. PASSING
THE BILL HAS BEEN A LONG-FOUGHT BATTLE. I MUST THANK A FEW OF THE
ORGANIZATIONS THAT I'VE WORKED ON THIS WITH. THE ASPCA, THE HUMANE
SOCIETY OF THE U.S., THE NEW YORK STATE ANIMAL PROTECTION
FEDERATION, VOTERS FOR ANIMAL RIGHTS, THE ANIMAL LEGAL DEFENSE
FUND, THE COMPANION ANIMAL PROTECTION SOCIETY AND MANY, MANY
MORE. AND I WANT TO SINGLE OUT MY FRIENDS, BILL KETZER, LIBBY POST,
RYAN SHAPIRO AND ALLEY FELDEN-TAYLOR FOR THEIR YEARS OF DEDICATION
AND WORK ON THIS BILL TO HELP SAVE ANIMALS WHO ARE HELPLESS WITHOUT
OUR -- OUR INTERFERENCE.
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(BUZZER SOUNDS)
I'D ALSO LIKE TO THANK MY CHIEF-OF-STAFF, LAUREN
SCHUSTER; NICK GUILE, MY LEGISLATIVE DIRECTOR; AND ALL MY PREVIOUS
STAFFERS OR ANYONE WHO'S HELPED WORK ON THIS BILL TO SEE IT PASS AND TO
SEE NEW YORK STATE TRYING TO BE THE LEADER ON ANIMAL WELFARE ISSUES.
AND I'M JUST SO GRATEFUL TO ALL OF YOU. THANK YOU AND I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. BRABENEC, MR. KEITH
BROWN, MR. KEVIN BYRNE, MR. DESTEFANO, MR. MCDONOUGH, MR.
MIKULIN, MR. SCHMITT, MR. SIMPSON AND MR. SMITH.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MS. SOLAGES.
MS. SOLAGES: THANK YOU. CAN YOU PLEASE RECORD
OUR COLLEAGUE MR. CYMBROWITZ IN THE NEGATIVE?
ACTING SPEAKER AUBRY: SO NOTED.
MS. SOLAGES: THANK YOU.
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 3, 2022
MS. SOLAGES.
MS. SOLAGES: THANK YOU. CAN WE PLEASE TAKE UP
THESE THREE BILLS: RULES REPORT NO. 505 BY MS. SIMON, RULES REPORT
NO. 726 BY MR. CONRAD AND RULES REPORT NO. 442 BY MR. MCDONALD.
ACTING SPEAKER AUBRY: THANK YOU.
PAGE 12, RULES REPORT NO. 505, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10239-A, RULES
REPORT NO. 505, COMMITTEE ON RULES, SIMON, CRUZ, GONZÁLEZ-ROJAS,
OTIS, L. ROSENTHAL, LUPARDO. AN ACT TO AMEND THE CRIMINAL PROCEDURE
LAW, IN RELATION TO RELEASING INDIVIDUALS CHARGED WITH A CRIME UNDER
NON-MONETARY BAIL CONDITIONS IN ORDER TO RECEIVE MENTAL HEALTH
SCREENING OR BE ADMITTED TO A HOSPITAL AS A RESULT OF A MENTAL ILLNESS
WHICH IS LIKELY TO RESULT IN HARM TO SUCH INDIVIDUAL OR OTHERS; AND TO
REPEAL SUBDIVISION 3-C OF SECTION 500.10 OF THE CRIMINAL PROCEDURE
LAW RELATING TO THE RELEASE FOR MENTAL HEALTH ASSESSMENT AND
EVALUATION AND INVOLUNTARY COMMITMENT PENDING RELEASE.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. SIMON.
MS. SIMON: THANK YOU, MR. SPEAKER. THIS BILL
WOULD MAKE CLARIFYING CHANGES TO THE CRIMINAL PROCEDURE LAW AS IT
RELATES TO CONDITIONAL RELEASE AND THE USE OF MENTAL HEALTH ASSESSMENTS
TO ENSURE THAT INDIVIDUALS WHO ARE BEFORE THE COURT ARE AFFORDED THE
NECESSARY AND APPROPRIATE CIVIL PROTECTIONS WHEN THEY'RE INVOLVED IN
SUCH ASSESSMENTS.
SO THIS BILL HAS STATEWIDE SUPPORT FROM OVER 21
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NYS ASSEMBLY JUNE 3, 2022
MENTAL HEALTHCARE ADVOCATES, ORGANIZATIONS, PUBLIC DEFENDERS, PUBLIC
INTEREST LAWYERS AND DISABILITY RIGHTS LAWYERS. WE ARE MOVING FORWARD
WITH THIS LEGISLATION BECAUSE WE BELIEVE IT'S NECESSARY TO CORRECT SOME
OF THE UNINTENDED CONSEQUENCES OF THE PROCESS THAT WAS CREATED IN THIS
YEAR'S ENACTED BUDGET.
ACTING SPEAKER AUBRY: MR. TANNOUSIS.
MR. TANNOUSIS: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR SOME QUESTIONS?
MS. SIMON: CERTAINLY.
ACTING SPEAKER AUBRY: MS. SIMON YIELDS.
MR. TANNOUSIS: THANK YOU, MS. SIMON. MS.
SIMON, I JUST WANT TO CLARIFY SOME THINGS, OKAY? SO, UNDER THE CURRENT
CRIMINAL PROCEDURE LAW THERE ARE TWO DIFFERENT SECTIONS. IN SECTION
730 THAT PROVIDES THAT A DEFENDANT -- A JUDGE CAN ORDER A DEFENDANT
EITHER BE RELEASED OR NOT RELEASED TO RECEIVE A MENTAL HEALTH
ASSESSMENT. THERE IS ALSO ANOTHER SECTION, 330.20, WHICH ALLOWS A
JUDGE TO SEND A DEFENDANT, POST-CONVICTION, FOR A MENTAL HEALTH
ASSESSMENT WHETHER RELEASED OR NOT RELEASED.
MS. SIMON: MM-HMM.
MR. TANNOUSIS: CAN YOU PLEASE EXPLAIN TO US THE
DIFFERENCE BETWEEN THIS BILL AND THE TWO SECTIONS THAT ARE ALREADY
WRITTEN IN THE CRIMINAL PROCEDURE LAW?
MS. SIMON: YES. WELL, THOSE PROVISIONS ACTUALLY
AFFECT PEOPLE WHO ARE OTHER THAN THE KINDS OF PEOPLE THAT ARE -- THAT
WOULD BE PROVIDED FOR IN THIS BILL, RIGHT? SO THIS BILL DOESN'T APPLY TO
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NYS ASSEMBLY JUNE 3, 2022
PEOPLE WHO WOULD BE CAPTURED UNDER EITHER 330.20 OR 730 OF THE CPL.
SO THIS WOULD BE UTILIZED WHEN SOMEONE IS BROUGHT BEFORE THE COURT TO
BE ARRAIGNED, AND PRESUMABLY THE COURT AND THE ATTORNEYS HAVE
EVIDENCE THAT SUCH A PERSON MAY HAVE -- HAS MENTAL ILLNESS AND MAY BE
LIKELY TO HARM THEMSELVES OR OTHERS, AND THEN THEY CAN BE -- THAT CAN BE
USED AS A CONDITION FOR RELEASE AS LONG AS THEY GO THROUGH AN
ASSESSMENT. ONE OF THE PROBLEMS AND ONE OF THE MAIN REASONS THAT I
WANTED TO DO THIS IS BECAUSE WE SEE PEOPLE CYCLING THROUGH THE
SYSTEM, AND THE CURRENT CRIMINAL PROCEDURE LAW DOESN'T PROVIDE WHAT
IS NEEDED FOR A HOST OF PEOPLE WHO NEED PSYCHIATRIC ASSESSMENT.
WHAT'S HAPPENING NOW IN MANY CASES, PARTICULARLY IN NEW YORK CITY,
IS THAT WHEN SOMEBODY COMES BEFORE THE COURT IT'S CLEARLY -- PRESENTS
EVIDENCE OF HAVING SERIOUS MENTAL ILLNESS, THEY NEED TO BE TREATED, AND
WHAT THE COURTS DO IS GIVE THEM A VOUCHER AND SAY, HERE, GO -- WE'RE
SENDING YOU FOR A PSYCH EVAL. CALL THIS NUMBER AND SET UP AN
APPOINTMENT. AND SOMEBODY WHO IS SERIOUSLY MENTALLY ILL AND LIKELY
TO HARM THEMSELVES OR OTHERS IS NOT GOING TO PICK UP THE PHONE AND
MAKE THAT APPOINTMENT. THIS ALLOWS THE COURT TO SEND SOMEONE --
SOMEONE TO A FACILITY, WHETHER IT'S A HOSPITAL OR A COMMUNITY
PSYCHIATRIC CENTER, FOR EXAMPLE, THAT WOULD ACTUALLY PROVIDE THAT
EVALUATION. IT WOULD COMPETENTLY DONE BY PEOPLE WHO KNOW HOW TO
DO THIS, BECAUSE NOT EVERY HOSPITAL KNOWS. AND THEN THAT PERSON
WOULD BE ABLE TO GET TREATMENT, THEY MIGHT BE VOLUNTARILY OR
INVOLUNTARILY TREATED AND THEY WOULD DEFINITELY GET FROM THE VERY
BEGINNING AFTER-CARE PLANNING SO THAT PEOPLE CAN THEN PROVIDE THEM
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NYS ASSEMBLY JUNE 3, 2022
WITH RESOURCES INCLUDING, FOR EXAMPLE, SUPPORTIVE HOUSING.
MR. TANNOUSIS: BUT MS. SIMON, YOU WOULD
AGREE THAT UNDER THE CURRENT LAW AS IS WRITTEN IN THE CRIMINAL
PROCEDURE LAW IT'S ACTUALLY INCUMBENT UPON THE ATTORNEY AND THE
PROSECUTOR TO BE ABLE TO SET UP THESE MENTAL HEALTH SCREENINGS ON
BEHALF OF THE DEFENDANT AS IS CURRENTLY THE LAW. I UNDERSTAND YOU GAVE
A SITUATION WHERE A DEFENDANT IS HANDED A CARD, ET CETERA, BUT IT'S
ACTUALLY -- THERE'S ACTUALLY THINGS IN PLACE RIGHT NOW THAT ACTUALLY ARE
ABLE TO ASSESS A DEFENDANT, A CRIMINAL DEFENDANT, IN SUCH A CASE. AND I
-- AND I APPRECIATE YOUR BILL AND I UNDERSTAND THE INTENT BEHIND IT, BUT
AT THE END OF THE DAY IT IS IN THE DISCRETION OF THE JUDGE, CORRECT, WHO IS
THE BEST FAMILIAR WITH THE FACT AS PRESENTED AND IT DOES BASICALLY DO THE
SAME THING AS THE BILL YOU'RE PRESENTING BEFORE US, CORRECT?
MS. SIMON: SO, THANK YOU. NUMBER ONE, MY BILL
PULLS IN THE PROTECTIONS OF THE MENTAL HEALTH LAW WHICH PROVIDES
MUCH BETTER AND IS MORE -- COMPETENTLY ADDRESSES THE ACTUAL SITUATION
OF THE -- OF THAT DEFENDANT. WHAT YOU'RE TALKING ABOUT IS WHETHER
SOMEBODY IS COMPETENT TO STAND TRIAL. THAT'S NOT WHAT WE'RE TALKING
ABOUT HERE. RIGHT? WE'RE TALKING ABOUT PEOPLE WHO ARE LIKELY TO BE A
DANGER TO THEMSELVES OR OTHERS, AND THAT IS A DIFFERENT STANDARD AND IT IS
AN APPROPRIATE STANDARD TO PROVIDE THE REFERRALS TO GET THAT ASSESSMENT.
SO IT'S A -- IT'S A COMPETENT ASSESSMENT AND A COMPETENT PLAN GOING
FORWARD FOR THAT INDIVIDUAL, WHETHER THEY COME BACK TO THE CRIMINAL
COURT AND FOR WHAT IN THE FUTURE. THIS IS SOMETHING THAT IMMEDIATELY
ADDRESSES THOSE VERY SIGNIFICANT ISSUES. AND SO WHILE THEY'RE ALREADY
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NYS ASSEMBLY JUNE 3, 2022
EXISTS A LAW IN THE CRIMINAL PROCEDURE LAW, IT US WHOLLY INSUFFICIENT
FOR THIS POPULATION.
MR. TANNOUSIS: THANK YOU FOR YOUR RESPONSE. I
JUST WANT TO BE CLEAR ABOUT SOMETHING. NOW, THIS IS ASSUMING AN
INDIVIDUAL GOES BEFORE A COURT, CORRECT --
MS. SIMON: MM-HMM.
MR. TANNOUSIS: -- AND DUE TO THE CRIME OR THAT
INDIVIDUAL'S HISTORY IT BASICALLY AT THIS POINT WOULD GIVE THE JUDGE THE
ABILITY TO SET BAIL ON THAT INDIVIDUAL; IS THAT CORRECT?
MS. SIMON: THESE ARE -- THESE ARE FOR THOSE
NON-MONETARY BAIL SITUATIONS.
MR. TANNOUSIS: OKAY. SO THAT'S MY QUESTION.
MS. SIMON: ALTERNATIVES.
MR. TANNOUSIS: THIS IS A SITUATION WHERE THE
JUDGE DOES NOT -- INSTEAD OF SETTING BAIL THAT HE'S ABLE TO DO, THEN DOES
NOT SET BAIL AND SENDS THEM FOR A SCREENING OR DOES THIS ONLY APPLY TO
CASES OR TO SITUATIONS WHERE BAIL -- HE DOES NOT QUALIFY FOR BAIL? HE OR
SHE DOES NOT QUALIFY FOR BAIL?
MS. SIMON: WELL, FIRST OF ALL, JUST BECAUSE
SOMEBODY QUALIFIES FOR BAIL DOESN'T MEAN THAT THE COURT WOULD ACTUALLY
SET BAIL. I'M SURE YOU'RE FAMILIAR WITH THAT -- THAT FACT. AND, IN FACT,
MANY TIMES COURTS DO NOT BECAUSE THE PERSON'S -- THE BETTER RESPONSE IS
A NON-MONETARY BAIL SITUATION. IN THIS CASE WE'RE TALKING ABOUT PEOPLE
WHO ARE -- ARE -- ABOUT NON-MONETARY BAIL RELEASE CONDITIONS, AND ONE
OF THE CONDITIONS WOULD BE THAT THEY GET A COMPETENT PSYCH EVALUATION
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WHICH WOULD THEN HELP WITH THE COURSE OF WHAT WOULD BE THOSE OTHER
POTENTIAL CONDITIONS. RIGHT?
MR. TANNOUSIS: OKAY. SO JUST TO CLARIFY AND I
APPRECIATE YOUR RESPONSE, THIS LAW WOULD APPLY TO SITUATIONS WHERE AN
INDIVIDUAL OTHERWISE WOULD QUALIFY FOR MONETARY BAIL?
MS. SIMON: IT COULD.
MR. TANNOUSIS: IT COULD.
MS. SIMON: IT DOESN'T HAVE TO.
MR. TANNOUSIS: OKAY. THAT, BY THE WAY, THAT
SITUATION IS WHAT'S ON THE LAW RIGHT NOW AS A RESULT OF WHAT THE
LEGISLATURE PASSED IN 2019, CORRECT? SO --
MS. SIMON: THAT'S A VERY BROAD STATEMENT SO YOU'RE
GOING TO HAVE TO BE MUCH MORE SPECIFIC.
MR. TANNOUSIS: SURE. LET ME -- LET ME REPHRASE
THAT.
MS. SIMON: SO HERE'S -- HERE'S THE THING. THIS IS
REALLY NOT ABOUT THE DEBATE ABOUT BAIL OR NO BAIL. THIS IS ABOUT PEOPLE,
SERIOUSLY MENTALLY ILL, LIKELY TO CAUSE HARM TO THEMSELVES OR OTHERS.
THESE ARE PEOPLE YOU DON'T WANT JUST LIKE RUNNING AROUND THE STREET,
NOT GETTING THE PSYCH EVAL, NOT GETTING THE TREATMENT, NOT GETTING THE
CONDITIONS THAT WOULD HELP THEM IMPROVE THEIR LIVES SUCH AS HOUSING,
SUCH AS ACCESS TO FOOD, ET CETERA, ET CETERA, ET CETERA. THEY'RE ALSO
PEOPLE WHO WOULD NOT BE WELL-SERVED BY SITTING IN RIKERS FOR A YEAR.
THEY'RE ONLY GOING TO -- THAT'S ONLY GOING TO FURTHER THEIR MENTAL
ILLNESS. SO THAT'S NOT -- THAT'S NOT A VIABLE OPTION.
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ACTING SPEAKER AUBRY: MS. SIMON, MR.
TANNOUSIS, THERE'S BEEN A REQUEST THAT YOU ACTUALLY TALK INTO THE
MICROPHONE BECAUSE OTHER PEOPLE ARE ACTUALLY INTERESTED IN HEARING
THIS.
MS. SIMON: I APOLOGIZE, MR. SPEAKER.
ACTING SPEAKER AUBRY: NO, WE UNDERSTAND
(INAUDIBLE) BETWEEN LAWYERS. I -- I GET THAT. BUT SHARE WITH THOSE OF US
WHO MAY NOT POSSESS THE DEGREE.
MR. TANNOUSIS: THANK YOU. I APPRECIATE YOUR
STATEMENT AND I UNDERSTAND THE NEED FOR A MENTAL HEALTH ASSESSMENT.
BUT JUST TO -- JUST --
MS. SIMON: I'M SORRY.
MR. TANNOUSIS: NO, IT'S OKAY, I'LL REPEAT. I SAID I
APPRECIATE YOUR ASSESS -- YOUR -- YOUR DESIRE IN THIS BILL IN REGARDS TO
MENTAL HEALTH. THE QUESTION I HAVE FOR YOU IS THAT PRIOR TO 2019 THERE
WERE LAWS, THERE WAS NO CONDITIONS AS TO WHAT A JUDGE COULD SET BAIL
ON, CORRECT? PRIOR TO THE LAWS ENACTED IN 2019 --
ACTING SPEAKER AUBRY: I DON'T WANT TO HAVE
TO TELL YOU 100 TIMES, BUT YOU'RE TALKING TO HER, YOU'RE NOT TALKING TO THE
MIC.
MR. TANNOUSIS: SORRY, I'LL TURN THIS WAY.
ACTING SPEAKER AUBRY: THANK YOU.
MS. SIMON: I'M ACTUALLY NOT PARTICULARLY CONCERNED
ABOUT THE LAW BEFORE 2019. I'M CONCERNED ABOUT THE LAW THAT WE HAVE
NOW.
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MR. TANNOUSIS: NO, I -- I UNDERSTAND THAT -- I
UNDERSTAND THAT, MS. SIMON. BUT I JUST WANT TO -- I JUST WANT TO CLARIFY,
OKAY, FOR MY COLLEAGUES AND FOR THE PUBLIC. THE -- THIS BODY ENACTED
CHANGES IN 2019. AS A RESULT OF THE CHANGES THAT THIS BODY ENACTED
THERE WERE LAWS THAT PREVIOUSLY A JUDGE COULD SET BAIL ON BUT NOW A
JUDGE IS NOT ABLE TO SET BAIL ON; IS THAT CORRECT?
MS. SIMON: THAT'S TRUE.
MR. TANNOUSIS: OKAY. SINCE THEN, THIS BILL
PERTAINS TO THOSE CHARGES --
MS. SIMON: COULD.
MR. TANNOUSIS: COULD PERTAIN TO THOSE CHARGES
THAT A JUDGE CAN SET BAIL ON TODAY, CORRECT?
MS. SIMON: COULD. A JUDGE NEED NOT SET BAIL ON
ANYTHING, OF COURSE, AS YOU KNOW.
MR. TANNOUSIS: CORRECT. CORRECT. BUT THIS BILL
DOES APPLY IN REGARDS TO THAT, CORRECT?
MS. SIMON: COULD APPLY -- APPLY MOSTLY TO THOSE,
IN FACT, THAT ARE JUST GENERAL NON-MONETARY BAIL SITUATIONS.
MR. TANNOUSIS: THANK YOU. NOW, I KNOW THAT
YOU MENTIONED THE SUPPORT THAT WAS RECEIVED FOR THIS BILL. DID THIS BILL
RECEIVE ANY SUPPORT FROM ANY DISTRICT ATTORNEYS AROUND THE STATE OR THE
DISTRICT ATTORNEYS ASSOCIATION?
MS. SIMON: NOT TO MY KNOWLEDGE.
MR. TANNOUSIS: OKAY. DID THIS BILL SUPPORT --
RECEIVE ANY SUPPORT FROM POLICE DEPARTMENTS AROUND THE STATE OR ANY
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POLICE UNIONS?
MS. SIMON: NOT TO MY KNOWLEDGE, BUT I'M SURE
THEY WOULD ACTUALLY PREFER THAT JUDGES HAVE AT THEIR DISPOSAL AND THEIR
KNOWLEDGE, IN THEIR TOOL KIT, MANY OF THE PROGRAMS THAT CURRENTLY EXIST
THAT THEY MAY BE VERY UNFAMILIAR WITH WHERE TO REFER PEOPLE, AND THIS
REALLY HELPS THE COURT.
MR. TANNOUSIS: INSTEAD OF SPEAKING
HYPOTHETICALS OF WHAT THEY THINK, ANYBODY -- DID ANYBODY REACH OUT TO
THEM TO SEE WHAT THEY ACTUALLY THINK ABOUT THIS BILL?
MS. SIMON: NOT TO MY KNOWLEDGE.
MR. TANNOUSIS: OKAY. THANK YOU. THANK YOU
SO MUCH, MS. SIMON. IT'S BEEN A PLEASURE.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
TANNOUSIS.
MR. TANNOUSIS: THANK YOU VERY MUCH. AS WE'RE
VERY, VERY WELL AWARE, IN 2019 THIS BODY ENACTED CERTAIN LAWS. IT TOOK
A JUDGE'S POWER AWAY FOR SETTING BAIL ON CERTAIN OFFENSES. NOW SINCE
THEN WE HAVE A LAW HERE THAT WOULD GIVE A JUDGE THE ABILITY TO NOT SET
BAIL AND TO SEND THE DEFENDANT FOR A MENTAL HEALTH SCREENING. THERE'S
NO QUESTION THAT WE HAVE A MENTAL HEALTH CRISIS HAPPENING IN OUR
COMMUNITY. THE ONLY QUESTION THEREIN LIES IS THE FACT THAT WHEN AN
INDIVIDUAL IS SHOWN TO BE A DANGER TO THEMSELVES AND POTENTIALLY TO
OTHERS, IS IT REALLY THE BEST SITUATION AND THE BEST MOVE TO RELEASE THAT
INDIVIDUAL OUT INTO THE PUBLIC AS THEY GO FOR THEIR MENTAL SCREENING? I
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SUBMIT TO YOU THAT THERE'S ALREADY TWO SECTIONS IN THE CRIMINAL
PROCEDURE LAW WHICH I'M INTIMATELY AWARE WITH; SECTION 730, WHICH
IS FOR PRE-PLEA SCREENING, AND 330.20, WHICH IS FOR POST-HEALTH --
MENTAL HEALTH SCREENING. A JUDGE HAS THAT -- HAS THOSE TWO TOOLS IN HIS
OR HER ARSENAL TO SEND A DEFENDANT FOR MENTAL HEALTH SCREENING RIGHT
NOW. I DON'T THINK THIS BILL IS NECESSARY. AND AS WE CONTINUE, I BELIEVE
THAT AS WE CONTINUE WITH THESE DIFFERENT TYPES OF LAWS WITHIN NEW
YORK STATE WE ARE HAVING THE OPPOSITE EFFECT OF CONTINUING TO PUT OUR
RESIDENTS IN DANGER.
I VOTE NO ON THIS BILL. THANK YOU, MR. SPEAKER.
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 10239-A. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS
MENTIONED BY MY COLLEAGUE WHEN HE SPOKE INTO THE MICROPHONE, AND
-- BUT THERE MAY BE THOSE WHO SUPPORT IT, IN WHICH CASE WE ENCOURAGE
THEM TO VOTE YES HERE ON THE FLOOR OR THROUGH THE MINORITY LEADER'S
OFFICE.
THANK YOU, SIR.
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ACTING SPEAKER AUBRY: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. THIS IS A
PARTY VOTE. THE MAJORITY MEMBERS WILL BE VOTING IN THE AFFIRMATIVE.
IF A COLLEAGUE WISHED TO BE IN THE EXCEPTION, WE ENCOURAGE THEM TO
CALL THE MAJORITY LEADER'S OFFICE AND WE WILL ANNOUNCE THEIR NAME
ACCORDINGLY.
THANK YOU.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: MS. SIMON TO EXPLAIN
HER VOTE.
MS. SIMON: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO EXPLAIN MY VOTE. I WANT TO MAKE CLEAR SOMETHING THAT WAS
PERHAPS NOT MADE CLEAR IN THE DEBATE, AND THAT IS THAT ONE OF THE
SECTIONS CITED BY MY COLLEAGUE IS RELEVANT ONLY FOR SOMEONE WHO IS
POST-VERDICT AND HAS ENTERED A PLEA AND NOT RESPONSIBLE BY REASON OF
MENTAL DISEASE OR DEFECT. WE ARE TALKING IN THIS INSTANCE ABOUT PEOPLE
WHO HAVE JUST COME TO COURT AND ARE BEING ARRAIGNED. IT IS NOT A
POST-CONVICTION ISSUE AT ALL. WE ARE ALSO NOT TALKING ABOUT PEOPLE WHO
ARE DEEMED TO BE INCAPACITATED BECAUSE THEY LACK THE ABILITY TO ASSIST
IN THEIR OWN DEFENSE OR ARE UNABLE TO UNDERSTAND THE COURT PROCEEDING
AGAINST THEM. WE ARE NOT AT THAT STAGE IN THE PROCESS. AND SO THIS
WOULD AFFECT PEOPLE WHO ARE NOT INCLUDED UNDER OUR CURRENT CRIMINAL
PROCEDURE LAW TO GET THEM THE HELP THEY NEED AND FOR THE COURT TO BE
ABLE TO ASSIST AND FOR THEM TO THEN BE ABLE TO STAND TRIAL IF THAT IS WHAT
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IS FOUND SUBSEQUENTLY. BUT THIS WILL GET PEOPLE THAT -- THAT EVALUATION
BY COMPETENT PERSONNEL AND ALSO DEAL WITH AFTERCARE PLANNING FROM THE
VERY BEGINNING. THIS IS A REALLY, REALLY IMPORTANT THING. IT'S ONE OF
THOSE GAPS IN OUR CURRENT LAW THAT WE ARE SEEKING TO RESPOND TO AND TO
FILL, AND TO DO IT IN A WAY THAT IS JUST AND FAIR FOR ALL THE PARTIES
INVOLVED.
SO I THANK YOU FOR ALLOWING ME TO EXPLAIN MY VOTE,
MR. SPEAKER, AND I'LL BE VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
MS. SOLAGES.
MS. SOLAGES: CAN YOU PLEASE LIST OUR COLLEAGUE
MR. COLTON IN THE EXCEPTION?
ACTING SPEAKER AUBRY: CERTAINLY. SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 14, RULES REPORT NO. 726, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09958, RULES REPORT
NO. 726, CONRAD, THIELE. CONCURRENT RESOLUTION OF THE SENATE AND
ASSEMBLY PROPOSING AN AMENDMENT TO SECTION 5 OF ARTICLE VIII OF THE
CONSTITUTION, IN RELATION TO THE EXCLUSION OF INDEBTEDNESS CONTRACTED
FOR SEWAGE FACILITIES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
OH, ON A MOTION BY MR. CONRAD, THE SENATE BILL IS
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NYS ASSEMBLY JUNE 3, 2022
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 8931. 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 11, RULES REPORT NO. 442, THE CLERK WILL READ.
THE CLERK: SENATE NO. S04870-B, RULES REPORT
NO. 442, SENATOR BRESLIN (A03040-B, MCDONALD, BLANKENBUSH,
TAGUE, WALCZYK, BRABENEC, GOTTFRIED, JACKSON, STIRPE, GUNTHER,
GRIFFIN, STECK, LUPARDO, BUTTENSCHON, WOERNER, FAHY). AN ACT TO
AMEND THE EDUCATION LAW, IN RELATION TO THE DEFINITION OF THE PRACTICE
OF PHARMACY.
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 4870-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.)
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NYS ASSEMBLY JUNE 3, 2022
MS. WALSH. I'M SORRY.
MS. WALSH: NO, I'M SORRY. YOU'RE CHOKING UP
THERE. ARE YOU OKAY?
ACTING SPEAKER AUBRY: I'M GOOD.
MS. WALSH: YOU'RE ALL RIGHT? OKAY. THANK YOU,
MR. SPEAKER. I JUST WANTED TO BRIEFLY EXPLAIN MY VOTE. SO, ORIGINALLY
WE LAID THIS BILL ASIDE BUT UPON FURTHER INSPECTION AND TALKING TO A FEW
PEOPLE I'M VERY SATISFIED THAT THIS BILL'S FINE. SO BASICALLY THERE'S --
THERE ARE JD JUVENILE DELINQUENCY PROCEEDINGS IN FAMILY COURT AND
THEN THERE ARE PINS PROCEEDINGS. PINS MEANS PERSON IN NEED OF
SUPERVISION. THAT'S PINS. AND USUALLY THOSE PINS PROCEEDINGS ARE
MAYBE A KID THAT'S TRUANT, A CHILD THAT'S GOT SOME -- OH, THIS IS A
DIFFERENT BILL. WAIT A MINUTE. I'M SO SORRY. OH, GOD. I THOUGHT THIS
WAS A DIFFERENT ONE. HOLD ON.
ACTING SPEAKER AUBRY: HOLD ON. MS. WALSH,
I DISTRACTED YOU WITH MY COUGHING. IT WORKED ONCE AGAIN.
(LAUGHTER)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. EVERYONE IS IN --
IN ANTICIPATION. WOULD YOU RECALL THE ROLL CALL VOTES SO THAT WE CAN ASK
A FEW QUESTIONS ON THIS?
ACTING SPEAKER AUBRY: ROLL CALL VOTE IS
RECALLED.
MR. GOODELL: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: YOU'RE WELCOME.
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SHALL WE START AGAIN?
MR. GOODELL: SURE.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: SENATE NO. S04870-B, RULES REPORT
NO. 442, SENATOR BRESLIN (A03040-B, MCDONALD, BLANKENBUSH,
TAGUE, WALCZYK, BRABENEC, GOTTFRIED, JACKSON, STIRPE, GUNTHER,
GRIFFIN, STECK, LUPARDO, BUTTENSCHON, WOERNER, FAHY). AN ACT TO
AMEND THE EDUCATION LAW, IN RELATION TO THE DEFINITION OF THE PRACTICE
OF PHARMACY.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. MCDONALD. WE FINALLY GOT IT BACK ON THE TRACK. GOOD.
MR. MCDONALD: WE'RE GOOD TO GO. SO THANK YOU
BECAUSE THIS BILL ALLOWS PHARMACISTS TO ADMINISTER INJECTABLE
MEDICATIONS FOR A SUBSTANCE USE DISORDER AND MENTAL HEALTH
MEDICATIONS, OTHERWISE KNOWN AS LONG-ACTING INJECTABLES.
MS. WALSH: MR. SPEAKER, WILL THE SPONSOR YIELD
FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MR. MCDONALD IS
HAPPY TO YIELD.
MS. WALSH: THANK YOU SO MUCH. I -- I APOLOGIZE
FOR MAKING YOU CONFUSED ABOUT WHAT THE HECK WAS GOING ON, BUT I DO
HAVE A COUPLE OF QUESTIONS ABOUT THIS BILL, JUST A FEW. SO, I KNOW THAT
PHARMACISTS OVER THE YEARS HAVE BEEN ALLOWED THE OPPORTUNITY TO DO
DIFFERENT INJECTABLES, LIKE I'M THINKING OF FLU SHOTS OR, YOU KNOW,
COVID VACCINES, THERE WAS A LOT ABOUT SHINGLES. BUT IS -- THIS STRUCK
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NYS ASSEMBLY JUNE 3, 2022
ME AS A LITTLE BIT DIFFERENT. CAN YOU TALK ABOUT WHAT SPECIFICALLY THIS
TYPE OF INJECTION WOULD BE AND WHAT IT WOULD BE FOR?
MR. MCDONALD: SURE. THANK YOU. AND FIRST OF
ALL, THANK YOU FOR THE CONVERSATION. I WAS LITERALLY ON PINS AND NEEDLES
THINKING ABOUT THIS. YOU ON THE PINS, I'M ON THE NEEDLES. YOU GET IT?
OKAY.
MS. WALSH: (INAUDIBLE).
MR. MCDONALD: A LITTLE HUMOR GOES A LONG WAY
IN THIS HOUSE, RIGHT? SO, YOU KNOW, YOU'RE ABSOLUTELY RIGHT
HISTORICALLY, AND LAST YEAR WE ACTUALLY PASSED LEGISLATION TO ALLOW
PHARMACISTS TO CONTINUE ADMINISTERING VACCINE INJECTABLES. THIS BILL
SPEAKS TO NON-VACCINE INJECTABLES. AND THEY'RE OTHERWISE KNOWN AS
LONG-ACTING INJECTABLES. MANY USED FOR MENTAL HEALTH, MANY USED FOR
SUBSTANCE USE. AND THE BEAUTY OF THESE MEDICATIONS, AS MUCH AS MANY
PEOPLE TREAT MENTAL HEALTH CONDITIONS WITH ORAL MEDICATIONS, WE FIND
THAT IT ADHERES TO THE MAJOR CHALLENGE IN MANY POPULATIONS.
(INAUDIBLE) MANY INDIVIDUALS WOULD BE GOING TO THE MENTAL HEALTH
CLINIC AND THEY'LL GET AN INJECTION ONCE A MONTH, ONCE EVERY TWO WEEKS.
AS THE PANDEMIC HAD SHOWN, PHARMACY WAS THERE AND OPEN EVERY
NIGHT OF THE WEEK AND WAS ON THE FRONT LINE IN MANY ASPECTS.
UNFORTUNATELY, MANY MEDICAL PRACTICES AND CLINICS HAD TO SHUT DOWN
DURING THE PANDEMIC AND MANY INDIVIDUALS WHO WERE TRYING TO GET
THEIR LONG-ACTING INJECTABLES HAD NO ACCESS. SO THIS LEGISLATION'S
INTENTION IS TO ADD ANOTHER OPTION. IF A PRESCRIBER FEELS THAT A PATIENT, IT
WOULD BE BETTER FOR THEM FOR ACCESS ISSUES, WHATEVER, TO RECEIVE THE
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NYS ASSEMBLY JUNE 3, 2022
MEDICATION AT THEIR LOCAL PHARMACY, A ORDER WOULD BE WRITTEN SAY,
JOHN, GO TO MARRA'S PHARMACY AND WE SEE THAT INJECTION AND JOHN,
YOU, THE PHARMACIST, YOU NEED TO REPORT BACK TO ME ON IF THE PATIENT
RECEIVED IT AND IF THERE WERE ANY SIDE EFFECTS. IT'S A VERY PRESCRIPTIVE
APPROACH TO THIS. IT'S NOT LIKE ANYBODY CAN JUST WALK DOWN THE STREET
AND SAY, HEY, I'M GOING TO GET AN INJECTION TODAY. IT'S SOMETHING
WHERE A PATIENT WITH THE PROVIDER'S PERMISSION GOES TO THE PHARMACY TO
RECEIVE THE INJECTION.
MS. WALSH: WELL, AND I -- I WANT TO THANK YOU NOT
ONLY FOR YOUR ANSWER BUT FOR ALSO INJECTING A LITTLE BIT OF HUMOR INTO THE
DEBATE. I APPRECIATE THAT.
MR. MCDONALD: YOU MADE YOUR POINT.
MS. WALSH: IT WAS VERY SORELY NEEDED. THERE
DEFINITELY ARE SOME SAFEGUARDS THAT HAVE BEEN BUILT INTO THE WHOLE
PROCESS, AND YOU MENTIONED ONE OF THEM IS THAT THE -- THE PHARMACIES
REPORT BACK TO PRESCRIBING HEALTH PROVIDER TO SAY, YES, THIS -- I -- I DID
PERFORM THIS PURSUANT TO YOUR SCRIPT AND IT'S -- AND IT'S DONE. I ALSO
NOTICED THAT THERE'S TRAINING THAT'S REQUIRED, THERE'S EDUCATIONAL
MATERIALS THAT NEED TO BE PROVIDED AS FAR AS POSSIBLE, YOU KNOW, SIDE
EFFECTS AND THAT KIND OF THING. THERE HAS TO BE CONSENT, THERE HAS TO BE
A PRIVATE LOCATION FOR THE INJECTION. I MEAN, ALL OF THAT IS GREAT. I THINK
THAT THAT'S ALL REALLY WISE. WHAT -- WHAT I WANTED TO JUST TALK ABOUT A
LITTLE BIT IS THAT TO -- TO ME WHEN I WAS READING THIS, THERE SEEMED TO BE
- AND I THINK THAT THE MEDICAL SOCIETY KIND OF AGREES WITH THIS, TOO -
THERE'S A -- THERE'S A DIFFERENCE BETWEEN, LIKE, A RUNOFF. LIKE GOING IN
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AND GETTING A FLU SHOT OR GOING IN AND GETTING TWO PIECES OF A SHINGLES
VACCINE, YOU KNOW, SEPARATED BY TIME. OR -- OR EVEN LIKE A COVID
VACCINE AND THEN COMING BACK FOR A BOOSTER, SOMETHING LIKE THAT.
HERE, IS -- ISN'T IT FEASIBLE THAT THIS PATIENT WHO REQUIRES CONTINUING
MENTAL HEALTH TREATMENT COULD BE COMING BACK TO THE PHARMACY, WOULD
IT BE LIKE EVERY 30 DAYS OR HOW -- ROUGHLY, HOW FREQUENTLY WOULD THIS
BE? YOU SAID IT'S LONG-ACTING. HOW LONG DOES IT LAST?
MR. MCDONALD: SO, IT COULD BE -- ACTUALLY,
PATIENTS COME BACK TO THE PHARMACY ALL THE TIME TO GET THEIR
PRESCRIPTIONS REFILLED. IN THIS SITUATION THE PATIENT WOULD CONTINUE TO
COME BACK TO RECEIVE THEIR INJECTION. BUT UNDERSTAND THERE'S TWO
COMPONENTS HERE: FIRST OF ALL, THERE'S THE ACTUAL PRESCRIPTION FOR THE
ACTUAL MEDICATION AND THAT WILL HAVE REFILLS. YOU KNOW, OBVIOUSLY, NO
REFILLS, WE'D NEED TO BE IN CONTACT WITH THE PHYSICIAN. AND AT THE SAME
TOKEN, THE PRESCRIBER - AND THIS IS REALLY TO ADDRESS CONCERNS RAISED BY
THE MEDICAL SOCIETY - CAN BE VERY PRESCRIPTIVE. I WANT THIS PATIENT --
AND FIRST OF ALL, WE RECOMMEND THAT THIS ONLY BE INSTITUTED ONCE A
PATIENT'S BEEN STABILIZED ON THE MEDICATION, BECAUSE THERE ARE SOME
TIMES WHEN THERE'S A TITRATION PROCESS, AND THAT'S IMPORTANT FOR THE
PRESCRIBER TO SEE THAT AND TO BE OBSERVING IT AND THEIR OFFICE. BUT AT THE
SAME TOKEN, ONCE THE PATIENT IS MAINTAINED, WE WANT TO CONTINUE THAT.
WE WANT TO MAKE SURE THAT THERE'S NO BARRIERS TO RECEIVING THAT. YOU
KNOW, A LOT OF PEOPLE JUST CAN'T RUN DOWN TO THE COUNTY HEALTH CLINIC
BETWEEN NINE AND FOUR ON, YOU KNOW, MONDAY THROUGH FRIDAY TO GET
THEIR VACCINE OR THEIR INJECTABLE. SO LET'S MAKE SURE IT'S SUCCESSFUL.
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NYS ASSEMBLY JUNE 3, 2022
AND THE PRESCRIBER CAN VERY EASILY COULD SAY, I WANT THIS ORDER TO GO
ON FOR THREE MONTHS OR SIX MONTHS OR WHATEVER IT MAY BE. IT'S UP TO THE
PRESCRIBER. DOES THAT ANSWER YOUR QUESTION?
MS. WALSH: OKAY. IT DOES. I -- I THINK THAT WHERE
-- WHERE I WAS KIND OF GOING WITH THIS, AND I'LL JUST -- I'LL KIND OF READ A
LITTLE BIT FROM THE -- THE MEMO OF OPPOSITION FROM THE MEDICAL SOCIETY,
BECAUSE WHAT THEY WERE SAYING KIND OF STRUCK A CHORD WITH ME AS WELL.
IT SAID, MSSNY IS CONCERNED THAT THIS LEGISLATION WOULD SET A
SIGNIFICANT NEW PRECEDENT OF PHARMACISTS PROVIDING MEDICAL
TREATMENT, PARTICULARLY WHEN A PRESCRIBER AND A PHARMACIST CAN BE IN
THE SAME HEALTHCARE LOCATION SUCH AS A CHAIN STORE PHARMACY. SO THAT
BLURRING -- MAYBE THAT BLURRING OF A LINE IS -- I THINK THEY'RE CONCERNED
ABOUT BETWEEN PROVIDING A SERVICE LIKE PROVIDING THE INJECTION ITSELF
VERSUS CREATING ALMOST A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN THE
PHARMACIST AND THE -- AND THE INDIVIDUAL GETTING THE -- THE ACTUAL
INJECTION. SO CAN YOU -- CAN YOU JUST SPEAK TO THAT A LITTLE BIT?
MR. MCDONALD: WELL, THERE'S A COUPLE THINGS.
AND ACTUALLY, YOU KNOW, I'VE WORKED CLOSELY WITH THE MEDICAL SOCIETY
AS WELL. LET'S GO BACK. THIS IS SOMETHING, FIRST OF ALL, PATIENT CONSENT
BUT PHYSICIAN-DRIVEN. THE PHYSICIAN IS STILL IN THE DRIVER'S SEAT. HE OR
SHE DECIDES IF THE PATIENT IS GOING TO GO TO JOHN'S PHARMACY OR NOT, AND
HE OR SHE IS GOING TO MAKE THE DECISION IF THEY DON'T GO THERE. IT'S
REALLY ABOUT -- IT'S ABOUT -- THIS IS NOT GOING TO BE SOMETHING THAT IS
USED 20, 40 TIMES A DAY IN ONE PHARMACY. VERY UNLIKELY. IT'S GOING TO
BE FOR THOSE SITUATIONS WHERE A PHYSICIAN SAYS, YOU'RE RIGHT. YOUR
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NYS ASSEMBLY JUNE 3, 2022
SCHEDULE DOESN'T WORK WELL FOR GETTING TO MY OFFICE OR TO MY CLINIC.
AND BY THE WAY, A LOT OF PHYSICIANS DON'T LIKE DEALING WITH THE
INVENTORY. MOST OF THESE LONG-ACTING INJECTABLE MEDICATIONS COST
THOUSANDS AND THOUSANDS OF DOLLARS, AND THEY DON'T LIKE THE FACT THAT THE
REFRIGERATOR CAN GO BAD AND THEN THEY CAN LOSE THE PRODUCT. SO A LOT OF
PHYSICIANS ARE ACTUALLY ASKING PHARMACISTS TO BE PART OF THIS NETWORK
AND BE PART OF THIS -- THIS SYSTEM. SO I'M A LITTLE BIT CONFUSED BY THE --
THE -- THAT COMMENT BECAUSE I MADE IT VERY CLEAR THAT THIS IS A
PHYSICIAN-LED PROCESS AND, THEREFORE, A PHYSICIAN-LED PHYSICIAN CAN
KEEP IT GOING OR THROW THE FLAG AND STOP IT.
MS. WALSH: SO AFTER -- AFTER THE INJECTABLE IS DONE
AND THE PHARMACIST REPORTS BACK TO THE PHYSICIAN OR THE PRACTITIONER
THAT THIS WAS DONE, IS THERE ANY -- IS THAT IT AS FAR AS THE REPORT BACK? IT
WAS DONE, OR DO YOU ALSO -- ARE THERE COMMENTS THAT YOU'RE ABLE TO
MAKE AS FAR AS, LIKE, THE APPROPRIATE DOSAGE (INAUDIBLE) OR IF THERE WERE
ANY -- AND RASH AT THE SITE OR ANY APPARENT, YOU KNOW, SIDE EFFECTS THAT
WERE EXPERIENCED BY THE -- BY THE PATIENT? I MEAN, HOW DETAILED IS THE
REPORT THAT YOU WOULD GIVE BACK?
MR. MCDONALD: SO, IN -- IN THE BILL WE SPEAK TO
THE FACT THAT, YOU KNOW, THE -- THE EDUCATION DEPARTMENT, WORKING
WITH THE DEPARTMENT OF HEALTH AND OASAS WHERE APPROPRIATE,
DEPENDING IF IT'S SUBSTANCE USE, OMH FOR MENTAL HEALTH, THEY'LL BE
MORE PRESCRIPTIVE ON EXACTLY WHAT'S TO BE REPORTED BACK. BUT THINGS
THAT YOU COULD EXPECT, MORE OBSERVATIONS. IF THE PATIENT HAD AN
ALLERGIC REACTION THAT BE NOTATED IN THAT MESSAGE GOING BACK. BUT WE
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LEAVE THAT TO THE HEALTH DEPARTMENT AND THE EDUCATION DEPARTMENT TO
DEVELOP EXACTLY WHAT TYPE OF INFORMATION SHOULD (INAUDIBLE). IT'S MORE
-- IT'S NOT JUST ABOUT TO YOUR POINT, THEY RECEIVE THE INJECTION, THEY'LL BE
BACK IN TWO WEEKS. IT MAY BE THAT AND IT MAY BE ADDITIONAL
INFORMATION IF THERE'S ANY OBSERVED SIDE EFFECTS. NOW, I'VE SEEN IN
SOME OPPOSITION MEMOS THE FACT THAT THIS IS LEADING TO PHARMACISTS
DIAGNOSING, WHICH IS REALLY A FALSE COMMENT. WE, AS PHARMACISTS - AND
I STILL PRACTICE PHARMACY ON A REGULAR BASIS - THE MAJORITY OF THE PHONE
CALLS WE GET ARE PATIENTS CALLING UP ABOUT SIDE EFFECTS. THEY COME IN,
THEY'LL SHOW YOU THEIR RASH, THE WHOLE NINE YARDS. WE'RE NOT
DIAGNOSING IT, BUT WE OBSERVE IT. AND WHAT WE DO IS WE NOTIFY THEM TO
-- EITHER WE'LL CONTACT THE DOCTOR, MAYBE THERE'S A DOSAGE ADJUSTMENT.
WE'LL SEND YOU TO THE ER OR URGENT CARE DEPENDING ON WHAT IT IS. SO,
YOU KNOW, THE COMMENT THAT IT'S GETTING INTO DIAGNOSING IS NOT REALLY
AN ACCURATE COMMENT FROM MY PERSPECTIVE. I THINK IT ACTUALLY RESPECTS
THE RELATIONSHIP THAT THE MEDICAL SOCIETY IS ALWAYS ADVOCATING FOR.
MS. WALSH: WHAT WOULD HAPPEN IF -- AND I
IMAGINE THIS -- THIS COULD ALSO BE TRUE WITH SOME OF THE OTHER VACCINES
OR SHOTS OR INJECTIONS THAT ARE ALREADY GIVEN, BUT WHAT IS THE
PHARMACIST'S RESPONSIBILITY IF THERE IS ANAPHYLAXIS OR IF THERE IS A
SIGNIFICANT OBSERVABLE PROBLEM? IS IT SOMETHING THAT THE PHARMACIST IS
ABLE TO PROVIDE CARE FOR, OR IS IT -- ARE YOU JUST DIRECTING THEM TO URGENT
CARE OR HOW DOES THAT WORK?
MR. MCDONALD: IT'S ALREADY INVENTED IN LAW. IT'S
ALREADY SOMETHING WE DEAL WITH RIGHT NOW WHEN WE PROVIDE A COVID
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VACCINE OR A FLU VACCINE OR NOW IT'S HEP B, HEP C, WHATEVER IT MAY BE.
BASICALLY IF THERE'S AN ANAPHYLACTIC REACTION WE HAVE THE ABILITY TO
ADMINISTER EPINEPHRINE, PROVIDE BENEDRYL IF THAT'S WHAT'S ONLY
NECESSARY, CALL 911. THOSE ARE -- WE -- WE ARE REQUIRED - AND I THINK
MOST PEOPLE MAY REALIZE THIS BUT IT BEARS REPEATING - IN ORDER TO
PROVIDE THAT WE HAVE TO TAKE CPR EVERY TWO YEARS, BUT WE ALSO HAVE TO
HAVE AN ANAPHYLAXIS PROTOCOL. AND WHEN THE ORDER IS WRITTEN IT WILL
INCLUDE THAT INFORMATION ON THERE, IF THIS REACTION HAPPENS, HERE'S WHAT
YOU ARE TO DO. IT'S TO ACTUALLY FOLLOW THE PROTOCOL, OR AS MOST PEOPLE IN
OUR PHARMACY KNOW, FOLLOW THE RECIPE, AS PHARMACISTS HAVE ALWAYS
DONE THROUGHOUT THE BEGINNING OF TIME.
MS. WALSH: AND SO UNDER THIS PIECE OF LEGISLATION
THEN THERE WILL BE BEST PRACTICE AND GUIDELINES THAT WILL BE DEVELOPED
AS PART AND PARCEL TO -- TO IMPLEMENT IT?
MR. MCDONALD: YEP.
MS. WALSH: OKAY.
MR. MCDONALD: AND OF COURSE THE MEDICAL
SOCIETY AND ANY OTHER SOCIETY IS MORE THAN WELCOME TO COMMENT ON
THAT AS WELL.
MS. WALSH: YEAH. I APPRECIATE THAT. WELL, THANK
YOU VERY MUCH FOR ANSWERING MY QUESTIONS.
AND, MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: ON THE CORRECT BILL. SO, I -- I
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DEFINITELY DID HAVE SOME MISGIVINGS, BUT BASED ON THE SPONSOR'S
ANSWERS TO MY QUESTIONS AND THE FACT THAT THERE WILL BE GUIDELINES AND
BEST PRACTICES AND THERE ARE ALREADY SO MANY SAFEGUARDS THAT ARE BUILT
INTO THE BILL AS IT'S WRITTEN, I AM COMFORTABLE RECOMMENDING THIS TO MY
COLLEAGUES. I WILL BE VOTING IN THE AFFIRMATIVE.
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
AFFIRMATIVE. THANK YOU.
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 4870-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. MCDONALD TO EXPLAIN HIS VOTE.
MR. MCDONALD: THANK YOU, MR. SPEAKER. I
WOULD LIKE TO THANK YOU, I WOULD LIKE TO THANK OUR HIGHER ED CHAIR FOR
HELPING SHEPHERD THIS IMPORTANT PIECE OF LEGISLATION THROUGH THE
PROCESS. WE HEAR VERY OFTEN THAT THERE ARE MANY POPULATIONS THAT
STRUGGLE WITH GETTING ACCESS TO HEALTHCARE, AND IN THE MENTAL HEALTH
FIELD AND SUBSTANCE USE FIELD THAT IS COMPLETELY TRUE. THE BOTTOM LINE,
AND WE LEARNED THIS THROUGH THE PANDEMIC, PHARMACY HAS BEEN ON THE
FRONT LINE. THEY'VE STEPPED UP WHEN OTHERS WEREN'T ABLE TO, AND WE
WANT TO RECOGNIZE THE FACT THAT WE WANT TO EXPAND CARE RESPONSIBLY.
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AND THIS IS WHAT'S IMPORTANT IN THIS LEGISLATION, IT RESPECTS THE
TRADITIONAL APPROACH OF THE PHYSICIAN DIRECTING THE PATIENT'S CARE AND
WORKING WITH VARIOUS HEALTHCARE PARTNERS. I THINK SOMETIMES IT'S LOST
ON POPULATION THAT - NOT FOR ME, AND I GRADUATED 30 YEARS AGO - BUT FOR
THE LAST 15 YEARS EVERY PHARMACIST GRADUATING A PHARMACY COLLEGE IN
THE STATE OF NEW YORK IS A DOCTOR OF PHARMACY. WELL-TRAINED, VERY
CAPABLE OF BEING A CRITICAL PART OF THE HEALTHCARE TEAM.
AND I WANT TO THANK ONCE AGAIN THE CHAIR, THE
SPEAKER AND MY COLLEAGUES FOR SUPPORTING THIS -- THIS IMPORTANT
HEALTHCARE INITIATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. MCDONALD IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. WE WILL
CONTINUE OUR WORK WITH THESE FOLLOWING BILLS: RULES REPORT NO. 747,
MS. JOYNER; RULES REPORT NO. 676 BY MR. SANTABARBARA; RULES REPORT
NO. 749 BY MS. NIOU; AND RULES REPORT NO. 518 BY MR. PRETLOW.
ACTING SPEAKER AUBRY: PAGE 18, RULES
REPORT NO. 747, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A010349, RULES
REPORT NO. 747, COMMITTEE ON RULES, JOYNER. AN ACT TO AMEND THE
WORKERS' COMPENSATION LAW, IN RELATION TO ENACTING THE JUSTICE FOR
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NYS ASSEMBLY JUNE 3, 2022
INJURED WORKERS ACT.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
JOYNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. GOODELL.
MR. GOODELL: PARTY VOTE, PLEASE.
ACTING SPEAKER AUBRY: PARTY VOTE, SIR? OH,
GOOD.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9149. 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 FOR THE REASONS I HOPE TO
EXPLAIN IN A MOMENT.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: THANK YOU. I'D LIKE TO REMIND MY
COLLEAGUES THAT IS A PARTY VOTE. MAJORITY MEMBERS WILL BE VOTING IN
THE AFFIRMATIVE. IF THERE IS A MAJORITY MEMBER THAT WISHES TO BE AN
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NYS ASSEMBLY JUNE 3, 2022
EXCEPTION WE ENCOURAGE YOU TO CALL THE MAJORITY LEADER'S OFFICE AND
WE WILL RECORD THEM AS A NEGATIVE.
ACTING SPEAKER AUBRY: CERTAINLY. THANK
YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THERE'S A
LONGSTANDING PRINCIPLE IN JUDICIAL PROCEEDINGS CALLED COLLATERAL
ESTOPPEL. AND IN ENGLISH WHAT THAT MEANS IS YOU GET ONE BITE AT THE
APPLE TO PROVE YOUR CASE. AND SO IF YOU APPEAR IN COURT OR YOU APPEAR
IN AN ADMINISTRATIVE HEARING WHERE YOU HAVE A FULL AND FAIR OPPORTUNITY
TO PRESENT YOUR CASE AND AN INDEPENDENT HEARING OFFICER MAKES A
DETERMINATION, THAT DETERMINATION IS BINDING ON BOTH PARTIES IN ANY
SUBSEQUENT ACTION INVOLVING THE SAME FACTS. AND, INDEED, THAT'S THE
WAY IT WORKS IN MANY SITUATIONS. SO WHAT THIS BILL DOES IS SAY THAT IF
YOU HAVE A HEARING IN FRONT OF THE WORKERS' COMP BOARD AND IT'S A FAIR
AND AN INDEPENDENT HEARING AND EVERYONE HAS AN OPPORTUNITY TO
PRESENT ALL THE FACTS AND WITNESSES AND EVERYTHING ELSE THEY WANT,
UNDER CURRENT LAW THE DECISION BY THE WORKERS' COMP ADMINISTRATIVE
LAW JUDGE IS BINDING ON THE PARTIES NOT ONLY IN THAT PROCEEDING, BUT IN
ANY PROCEEDING INVOLVING THE SAME FACTS. AND WHAT THIS SAYS, IF WE
ADOPT IT, IS THAT EVEN THOUGH ALL THE PARTIES HAD A FULL AND FAIR
OPPORTUNITY TO PRESENT ALL THE FACTS, THAT DECISION IS NOT BINDING ON THE
PARTIES IN OTHER LITIGATION. WHICH MEANS IF THIS PASSES AND BECOMES
LAW WE'LL HAVE MULTIPLE TRIALS ON THE EXACT SAME ISSUES, WHICH IS VERY
EXPENSIVE FOR BOTH PARTIES. NOW, AS MUCH AS I LOVE ALL MY BRETHREN IN
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NYS ASSEMBLY JUNE 3, 2022
THE LAW FIELD, I AM ALSO VERY SENSITIVE TO THE NEEDS OF MY CLIENTS. AND
SO LIKE ALL MY OTHER ATTORNEYS, IF WE CAN SAVE OUR CLIENTS MONEY BY
ONLY TRYING A CASE ONCE, EVERYONE COMES AHEAD. AND THIS BILL SAYS YOU
DON'T TRY A CASE ONCE, YOU TRY IT TWICE BECAUSE THE FIRST TRIAL ISN'T
BINDING ON ANYTHING ELSE.
AND SO FOR THAT REASON I WOULD RECOMMEND AGAINST IT
AND I AND MANY OF MY COLLEAGUES WILL VOTE AGAINST IT AS WELL. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. TO DOVETAIL ON MY COLLEAGUE'S COMMENTS JUST NOW,
AS YOU KNOW, WORKERS' COMP CASES ARE VERY, VERY COMPLEX. THE
WORKERS' COMP LAW ADMINISTRATIVE JUDGES ARE VERY WELL-TRAINED IN THE
AREA THEY -- THEY PRACTICE -- YOU KNOW, THEY HEAR CASES IN, AND THE
LAWYERS THAT APPEAR BEFORE THEM ARE SPECIALIZED IN THAT CRAFT. AND THE
WORKERS' COMP JUDGE DETERMINES NOT ONLY THE LIABILITY IF THE ACCIDENT
OCCURRED DURING THE COURSE OF THE WORKDAY OR COMING WITHIN THAT HOUR
TO AND FROM WORK, BUT WHAT THE EMPLOYEE'S LIABILITY IS AND THEN HE
DETERMINES THE DAMAGES BASED ON A SET SCHEDULE THAT -- THAT AFFECTS THAT
PART OF THE BODY. SO EVERY PART OF THE BODY ON A CHART HAS AN ASSIGNED
MONETARY VALUE, AND BASED ON THE PERCENTAGE OF DAMAGE TO THAT PART OF
THE BODY A DETERMINATION IS MADE AND THEN THE AWARD IS PAID. AND ONE
OF THE THINGS TO CONSIDER IS NOT ONLY THAT WAS JUST POINTED OUT ABOUT THE
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NYS ASSEMBLY JUNE 3, 2022
COST OF HAVING ADDITIONAL PROCEEDINGS IN A SUPREME COURT TO TRY THE
SAME ISSUES IS THOSE JUDGES OF THE SUPREME COURT, WHILE THEY HANDLE
ACCIDENT CASES AND STUFF LIKE THAT, THEY MAY NOT FIND THE SAME
(INAUDIBLE) WORKERS' COMP -- COMPENSATION JUDGE FINDS AND THE
EXPENSES WILL -- WILL BE JUST -- AGAIN, YOU KNOW, WHAT YOU'RE GOING TO
PAY. SO, THEREFORE, WORKERS' COMP PREMIUMS FOR THE EMPLOYERS WILL
GO UP CONTINUALLY. THEY'RE VERY HIGH TO BEGIN WITH NOW, DEPENDING ON
THE TYPE OF BUSINESS YOU RUN. WHETHER IT BE YOU'RE A ROOFER, YOU'RE A
PAINTER, YOU'RE A CONSTRUCTION WORKER, YOU (INAUDIBLE) ADDITIONAL
CHARGES ONTO THAT, THESE BUSINESSES WILL NOT BE ABLE TO PAY FOR THAT
COVERAGE. AND THE COMP SYSTEM WAS ESTABLISHED TO GIVE EMPLOYEES
AN AVENUE TO GET REDRESS AT MINIMUM COST BECAUSE THE LAWYERS' FEES
ARE USUALLY FIXED AT 15 PERCENT, TO BE EXPEDITED IN THE PROCEEDING AND
TO -- AND TO GUARANTEE THEM CONTINUED MEDICAL CARE THROUGHOUT THAT
PROCEEDING, AND IF NECESSARY, POST-PROCEEDING AND SOME CASES FOR THE
REST OF THEIR LIVES. SO I THINK THIS WILL DO AN INJUSTICE TO THE EMPLOYEES
AND CERTAINLY CAUSE A VERY SERIOUS FINANCIAL SETBACK FOR BUSINESSES
THROUGH THE WORKERS' COMP RATES.
FOR THAT REASON I'LL BE VOTING IN THE NEGATIVE. THANK
YOU.
ACTING SPEAKER AUBRY: MS. SOLAGES. NO, I'M
SORRY. MS. -- MS. JOYNER.
MS. JOYNER: THANK YOU, MR. SPEAKER. JUST
WANTED TO CLEAR UP -- CLARIFY A COUPLE OF STATEMENTS THAT WERE MADE
EARLIER AND I'LL BE BRIEF. SO BASICALLY, THIS IS JUST CODIFYING THE COURT OF
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NYS ASSEMBLY JUNE 3, 2022
APPEALS' DECISION THAT ALREADY BARS COLLATERAL ESTOPPEL AND WORKERS' --
TO WORKERS' COMP PROCEEDINGS. IT WILL NOT DO ANYTHING TO RAISE
PREMIUMS. WORKERS' COMP ALREADY HAS TO LOOK AT WHETHER AN INJURY --
IF IT WAS A WORK-RELATED INJURY WHAT THE -- THE DEGREE OF THE DISABILITY,
AND IT FOCUSES ONLY ON THE LOSS OF WORK DURING THAT TIME PERIOD. THIS
LEAVES MANY INJURED WORKERS WITH NO OPPORTUNITY TO GO INTO A SEPARATE
COURT PROCEEDING AND TO GO AFTER PAIN AND SUFFERING, LOSS OF FUTURE
EARNINGS, LOSS OF ENJOYMENT IN LIFE, FUTURE MEDICAL COSTS. AND, YOU
KNOW, NEGLIGENCE ACTIONS, THEY FOCUS ON DETERMINING FAULT. WORKERS'
COMP BOARD PROCEEDINGS DO NOT LOOK AT FAULT. AND WHY WE'RE
CODIFYING THIS DECISION TODAY WHICH A COURT OF APPEALS ALREADY RULED
ON IS BECAUSE LOWER COURTS WERE MAKING DECISIONS THAT WERE CHIPPING
AWAY AT THIS CURRENT WAY. SO THIS -- WE'RE JUST CODIFYING LAW RIGHT NOW
AND WE'RE -- WE'RE ENSURING THAT THERE'S DIFFERENT FORUMS WITH DIFFERENT
JURISDICTIONAL PURVIEW AND WE ARE ENSURING THAT INJURED WORKERS HAVE
THE ABILITY TO GO OUT TO THIRD-PARTY WRONGDOERS IN A SEPARATE
PROCEEDING, AND THAT'S THE PURPOSE OF THIS BILL.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. LUNSFORD TO EXPLAIN HER VOTE.
MS. LUNSFORD: THANK YOU, MR. SPEAKER. THE
SPONSOR OF THE BILL JUST DID A VERY NICE JOB SUMMING UP WHAT I WAS
GOING TO SAY. AS SOMEONE WHO ACTUALLY PRACTICED THIS EXACT AREA OF
LAW WHERE I HANDLED WORKERS' COMPENSATION AND PERSONAL INJURY
CASES, I CAN TELL YOU THAT THE STANDARDS APPLIED IN THE WORKERS'
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NYS ASSEMBLY JUNE 3, 2022
COMPENSATION BOARD AND THE ADMINISTRATIVE PROCEEDING ARE DIFFERENT
THAN ARE APPLIED IN A CIVIL PROCEEDING. YOU CAN'T SUE YOUR EMPLOYER IN
NEW YORK, SO THIS HAS ABSOLUTELY NOTHING TO DO WITH WORKERS'
COMPENSATION ACTION. IT MERELY APPLIES TO WHENEVER A CIVIL ACTION
MAY ARISE IN SAY A LABOR LAW OR -- OR A MOTOR VEHICLE SITUATION. I
THINK THIS IS CLARIFYING WHAT HAD BEEN LONGSTANDING CONFUSION IN THE
APPELLATE DIVISIONS AND CODIFYING, AS THE SPONSOR SAID, WHAT HAPPENED
IN THE 2013 CASE IN THE COURT OF APPEALS.
SO I COMMEND THE SPONSOR, I THANK HER VERY MUCH
AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. JACOBSON.
MR. JACOBSON: TO EXPLAIN MY VOTE. I WANT TO
THANK THE SPONSOR BECAUSE I PRACTICED WORKERS' COMPENSATION LAW FOR
OVER 20 YEARS, I WAS A COMP JUDGE. AND A LOT OF TIMES WHAT HAPPENS
IS THAT YOU HAVE A TRUNCATED PROCEEDING. COLLATERAL ISSUES ARE NOT FULLY
DEVELOPED, NEGOTIATIONS ARE MADE TO SETTLE THE COMP CASE AS FAR AS
OUTSTANDING ISSUES, AND YOU HAVE THESE OTHER THINGS THAT WERE SAID ON
THE RECORD AND NOT -- AND NOT FULLY ADJUDICATED. AND SO THAT'S WRONG TO
TRY THEN TO HAVE DECISIONS BASED ON SOMETHING THAT WAS NOT TRULY
ADJUDICATED.
SO THIS IS A VERY -- THIS IS A VERY IMPORTANT BILL AND I
COMMEND THE SPONSOR AND I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY JUNE 3, 2022
THE BILL IS PASSED.
MS. SOLAGES.
MS. SOLAGES: WELL, WE'RE GOING TO CALL OUR
COLLEAGUES TO THE COMMITTEE MEETING, WAYS AND MEANS. THOSE
MEMBERS WHO ALREADY CAN, THEY GO TO ROOM 354 AND IF THEY'RE ON
ZOOM YOU CAN JUST LOG ON TO -- OR THEY CAN BE MOVED INTO THE CORRECT
ROOM. AND THEN AFTER THAT WE ARE GOING TO DO RULES, AND THEN ON THE
FLOOR WE'RE GOING TO CONTINUE WITH THE BILLS THAT WE HAVE. WE'RE GOING
TO CONTINUE WITH RULES REPORT NO. 676, MR. SANTABARBARA.
ACTING SPEAKER AUBRY: COMMITTEE ON WAYS
AND MEANS FOLLOWED BY THE COMMITTEE ON RULES. WAYS AND MEANS,
RULES IN 345 FOR THOSE OF YOU WHO ARE HERE. OTHERS WHO ARE ON ZOOM,
YOU'LL BE SWITCHED INTO THE WAYS AND MEANS, I PRESUME.
AND, MS. SOLAGES, I DIDN'T GET THE BILL THAT YOU WANTED
TO BRING UP. I -- THERE WAS SOME DISCREPANCY BETWEEN US AND YOU.
MS. SOLAGES: NO PROBLEM. I'M GOING TO READ THE
LIST OF THE THREE BILLS THAT WE HAVE ON THE DOCKET. RULES REPORT NO.
676 BY MR. SANTABARBARA, RULES REPORT NO. 749 BY MS. NIOU AND
RULES REPORT NO. 518 BY MR. PRETLOW.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH,
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: PAGE 4, RULES REPORT
NO. 676, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02499-A, RULES
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REPORT NO. 676, SANTABARBARA. AN ACT TO AMEND THE PUBLIC SERVICE
LAW, IN RELATION TO INFORMATION CABLE TELEVISION COMPANIES MUST
PROVIDE TO SUBSCRIBERS REGARDING AVAILABILITY OF REQUIRED EQUIPMENT AT
RETAIL.
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 2499-A. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS I HOPE TO EXPLAIN
SHORTLY.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: THIS IS A PARTY VOTE?
ACTING SPEAKER AUBRY: YES, IT IS.
MS. SOLAGES: THIS IS A PARTY VOTE, SO MAJORITY
MEMBERS WHO WANT TO - LONG DAY, COLLEAGUES - PARTY MEMBERS WHO
WANT TO -- MAJORITY MEMBERS WILL BE VOTING IN THE AFFIRMATIVE. THOSE
WHO WOULD WISH TO VOTE IN THE EXCEPTION, CALL THE MAJORITY LEADER'S
OFFICE AND WE'LL ANNOUNCE YOUR NAME ACCORDINGLY.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: THANK YOU, MS.
SOLAGES. IF THIS IS A PARTY IT'S FEELING A LOT LIKE TORTURE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED FOR SOME VERY PRACTICAL REASONS. THIS
BILL REQUIRES CABLE TELEVISION COMPANIES TO PROVIDE ALL OF THEIR
SUBSCRIBERS WITH INFORMATION ON HOW AND WHERE THE SUBSCRIBER CAN
PURCHASE EQUIPMENT AT RETAIL THAT'S NOT SOLD BY THE CABLE COMPANY.
THE PROBLEM IS CABLE COMPANIES, WHICH ARE OFTEN VERY LARGE
COMPANIES, REALLY DON'T HAVE THE KNOWLEDGE OF WHERE OR HOW YOU
MIGHT -- THEIR CUSTOMERS MIGHT BUY THEIR COMPETITORS' EQUIPMENT AND
THEIR LOCALITY. THAT'S NOT A DATABASE THAT COMPANIES GENERALLY KEEP.
AND SO THIS IS KIND OF A FUNNY BILL WHERE WE SAY TO THE CABLE COMPANY,
HEY, YOU HAVE TO TELL YOUR SUBSCRIBERS WHERE AND HOW TO BUY YOUR
COMPETITORS' EQUIPMENT IN EACH LOCALITY. IT'S -- THEY JUST DON'T HAVE THE
DATA OR THAT KNOWLEDGE. AND I MIGHT SAY THEY'RE NOT REALLY EXCITED
ABOUT LEARNING IT. THE SECOND THING IT DOES IS IT REQUIRES INFORMATION
REGARDING WHAT RETAIL EQUIPMENT IS COMPATIBLE WITH THE CABLE
TELEVISION COMPANY SYSTEM. AND, YOU KNOW, FIVE OR SIX YEARS AGO
WHEN TECHNOLOGY WAS DIFFERENT, THAT WAS A STRAIGHTFORWARD QUESTION.
BUT NOWADAYS, AS YOU KNOW AND WE KNOW, THERE ARE SO MANY DIFFERENT
TYPES OF EQUIPMENT THAT YOU CAN USE TO ACCESS YOUR CABLE NETWORK,
EQUIPMENT THAT DIDN'T EVEN EXIST FIVE YEARS AGO. AND SO IT'S IMPOSSIBLE
FOR A CABLE -- A CABLE COMPANY TO TELL YOU WHAT TYPE OF EQUIPMENT THAT
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YOU MIGHT HAVE THAT MIGHT WORK ON THEIR SYSTEM THAT'S NOT THEIRS.
AND SO FOR THOSE VERY PRACTICAL REASONS THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS STATUTORY MANDATE.
THANK YOU, SIR.
ACTING SPEAKER JONES: MR. SANTABARBARA TO
EXPLAIN HIS VOTE.
MR. SANTABARBARA: THANK YOU, MR. SPEAKER.
THIS IS A PRO-CONSUMER BILL. IT REQUIRES CABLE COMPANIES TO PROVIDE
INFORMATION ON WHAT EQUIPMENT THEY WOULD NEED TO LEASE, AND MOST
PEOPLE LEASE THEIR EQUIPMENT FROM THEIR CABLE COMPANY AND THEY END
UP PAYING A FEE EVERY MONTH THAT ACTUALLY AT SOME POINT COSTS MORE
THAN ACTUALLY GOING OUT AND BUYING THAT SAME EQUIPMENT OR COMPATIBLE
EQUIPMENT. AND SOME PEOPLE HAVE HAD THE SAME CABLE COMPANY FOR
YEARS AND YEARS, SOME PEOPLE EVEN UP TO TEN YEARS, AND END UP PAYING
FOR THROUGH THE LEASING FEES MUCH, MUCH MORE THAN THEY COULD -- THEY
COULD ACTUALLY GO OUT AND BUY NEW EQUIPMENT. SO THE CABLE COMPANY
WOULD HAVE TO PROVIDE THIS EITHER IN THE BILL OR IN THE CONTRACT OR
SOMETIMES THOSE LITTLE PAMPHLETS THAT COME IN THE -- IN THE MAIL WHEN
THEY SEND YOU THE BILL. I JUST STARTED DOING THIS MYSELF NOT TOO LONG
AGO. I ENDED UP BUYING A ROKU BOX OR SOMETHING THAT WORKED WITH MY
CABLE COMPANY AND IT REDUCED MY -- MY OVERALL COST OF MY CABLE. I
THINK THIS, AGAIN, IS A PRO-CONSUMER BILL. THE CABLE COMPANY WOULD
HAVE HAPPIER CUSTOMERS BECAUSE THEY WOULD SAVE A LITTLE MORE OR AT
LEAST REALIZE THEY COULD IF THEY DECIDED TO BUY THEIR OWN EQUIPMENT,
AND I THINK THE CONSUMERS WOULD BE HAPPIER BECAUSE THEY COULD SAVE A
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NYS ASSEMBLY JUNE 3, 2022
LITTLE MONEY ON THEIR CABLE BILL.
SO WITH THAT, I ENCOURAGE MY COLLEAGUES TO VOTE IN THE
AFFIRMATIVE AND I CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU. MR.
SPEAKER.
ACTING SPEAKER JONES: MR. SANTABARBARA IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
A-CALENDAR, PAGE 18, RULES REPORT NO. 749, THE
CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10371-A, RULES
REPORT NO. 749, COMMITTEE ON RULES, NIOU, FALL. AN ACT TO AMEND THE
PUBLIC AUTHORITIES LAW, IN RELATION TO THE APPOINTMENT OF MEMBERS OF
THE BATTERY PARK CITY AUTHORITY.
ACTING SPEAKER JONES: 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 JONES: THE CLERK WILL RECORD
THE VOTE ON SENATE BILL 9031. THIS IS A PARTY VOTE. ANY MEMBER WHO
WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
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NYS ASSEMBLY JUNE 3, 2022
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS I HOPE TO EXPLAIN
SHORTLY.
THANK YOU, SIR.
ACTING SPEAKER JONES: MS. SOLAGES.
MS. SOLAGES: THE MAJORITY WILL BE IN THE
AFFIRMATIVE. ANYONE THAT WISHES TO VOTE IN THE NEGATIVE SHOULD CALL THE
MAJORITY LEADER'S OFFICE AND WE WILL ANNOUNCE THEIR NAME
ACCORDINGLY.
ACTING SPEAKER JONES: THANK YOU.
MR. GOODELL TO EXPLAIN HIS VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL: THANK YOU, SIR. THIS LEGISLATION
WOULD CHANGE THE BOARD OF DIRECTORS OF THE BATTERY PARK CITY
AUTHORITY BY INCREASING THE BOARD MEMBERSHIP AND PROVIDING THAT THE
MAJORITY OF THE BOARD WOULD BE TENANTS OF THE CITY AUTHORITY. THE
BATTERY PARK CITY AUTHORITY HAS A SEVEN-MEMBER BOARD AND WAS
CREATED BACK IN 1968, SO ABOUT 50-SOME YEARS AGO. AND IT IS CHARGED
WITH THE RESPONSIBILITIES OF A PUBLIC BENEFIT AUTHORITY TO DEVELOP AND
MAINTAIN A BALANCED COMMUNITY OF COMMERCIAL, RESIDENTIAL, RETAIL AND
PARK SPACE WITH ITS DESIGNATED 92-ACRE SITE ON THE LOWER WEST SIDE OF
MANHATTAN. THE SITE'S WORTH PROBABLY UPWARDS OF THREE-QUARTERS OF A
BILLION DOLLARS. SO THIS SEVEN-MEMBER BOARD HAS BEEN DOING AN
ADMIRABLE JOB BY ALL ACCOUNTS OVER THE LAST NEARLY 50 YEARS, AND HAVE
MAINTAINED THEIR MISSION OF PROVIDING HIGH-QUALITY OPPORTUNITIES FOR
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NYS ASSEMBLY JUNE 3, 2022
THE RESIDENTS IN THAT AREA WHILE ALSO PRODUCING FAIRLY SUBSTANTIAL
REVENUES TO THE CITY AND THE STATE OF NEW YORK. AND THERE'S A
CONCERN THAT IF THE BOARD OF DIRECTORS IS CHANGED SO THAT THE MAJORITY
OF THE MEMBERS HAVE A CONFLICT OF INTEREST BECAUSE THEY DIRECTLY
BENEFIT, THAT YOU WOULD SEE A CHANGE IN THE WAY THE REVENUES ARE
ALLOCATED IN A WAY THAT WOULD BE DETRIMENTAL TO THE CITY AND THE STATE
AND ULTIMATELY TO THEIR OVERALL MISSION. AND FOR THOSE REASONS,
CERTAINLY, THE - NO SURPRISE - THE EXISTING AUTHORITY IS OPPOSED TO THIS
CHANGE AND RECOMMEND THAT WE FOLLOW WHAT HAS BEEN A SUCCESSFUL
MODEL FOR THE LAST 50 YEARS.
THANK YOU, SIR.
ACTING SPEAKER JONES: THANK YOU.
MS. NIOU TO EXPLAIN HER VOTE.
MS. NIOU: THANK YOU SO MUCH, MR. SPEAKER, FOR
GIVING ME A MOMENT TO BE ABLE TO EXPLAIN MY VOTE. THIS MAY OR MAY
NOT ACTUALLY BE MY VERY LAST SPEAKING MOMENT IN THIS BODY, AND IT IS
OBVIOUSLY VERY APPROPRIATE BECAUSE THIS IS A BILL THAT IS ABOUT
REPRESENTATION, ACCESS AND TRANSPARENCY FOR MY CONSTITUENTS. SO I
WANTED TO CLARIFY THAT, YOU KNOW, ACTUALLY -- WE HAD ACTUALLY MY VERY
FIRST YEAR HERE IN 2017 CHANGED THE AMOUNT OF REPRESENTATION FROM
TENANTS ON THE BOARD. SO ACTUALLY, THAT WAS A CHANGE THAT WE ALL
PASSED. THIS BILL WOULD AFFECT ONLY A SPECIFIC STATE AUTHORITY THAT IS
RESPONSIBLE SOLELY FOR THE MANAGEMENT OF BATTERY PARK CITY, A
NEIGHBORHOOD IN MY DISTRICT. THIS BILL WOULD ESTABLISH RESIDENCY AS A
REQUIREMENT FOR A MAJORITY OF MEMBERS APPOINTED TO THE BOARD OF
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NYS ASSEMBLY JUNE 3, 2022
DIRECTORS OF THE BATTERY PARK CITY AUTHORITY AND PROVIDE FOR THE
EXPEDITIOUS APPOINTMENT OF REPLACEMENT BOARD MEMBERS, BOTH UPON
VACANCY WITHIN AN UNEXPIRED TERM AND UPON A TERM'S EXPIRATION.
THE BATTERY PARK CITY AUTHORITY WAS DESIGNED TO
FACILITATE THE DEVELOPMENT OF THE SITE; HOWEVER, NOW THAT THE SITE IS
FULLY DEVELOPED IT IS NECESSARY THAT THE AUTHORITY BE MODIFIED TO BEST
MAINTAIN AND PROTECT THE LAND AND SUPPORT THE ESTABLISHED COMMUNITY.
NO ONE IS BETTER SUITED TO UNDERSTAND AND ADDRESS THE DIVERSE NEEDS OF
-- AND ISSUES EXPERIENCED BY THE BATTERY PARK CITY COMMUNITY THAN THE
RESIDENTS THEMSELVES, AND IT IS THEREFORE NECESSARY THAT AS THE BOARD
ADAPTS TO THE AUTHORITY'S NEW ROLE, IT FEATURE A GREATER NUMBER OF
COMMUNITY VOICES. AND FOR THIS REASON, THE BILL WOULD INCREASE THE
NUMBER OF RESIDENTS ON THE BOARD FROM THE CURRENTLY-REQUIRED TWO OUT
OF SEVEN TO A MAJORITY. COMMUNITIES ARE BEST SERVED WHEN THEY HAVE A
SAY IN THEIR GOVERNANCE. IT IS WITH THAT DEMOCRATIC MAXIM IN MIND THAT
THIS BILL WAS DRAFTED. THIS IS A HYPER-LOCAL ISSUE OF SIGNIFICANT
IMPORTANCE TO CONCERNED COMMUNITY MEMBERS WHO EAGERLY AWAIT A
GREATER VOICE.
I WANT TO ALSO SAY THANK YOU, BECAUSE IT HAS BEEN AN
INCREDIBLE HONOR SERVING WITH ALL OF YOU. THE HONOR OF MY LIFE,
ACTUALLY. AND I WOULD LIKE TO THANK MY SPEAKER AND MY LEADER AND
ALL OF MY COLLEAGUES AND ESPECIALLY MY CONSTITUENTS FOR ALLOWING ME TO
SERVE YOU.
THANK YOU. AND I WOULD LIKE TO VOTE IN THE
AFFIRMATIVE.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER JONES: MS. NIOU IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
ON THE MAIN CALENDAR, PAGE 13, RULES REPORT NO.
518, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01773-C, RULES
REPORT NO. 518, PRETLOW. AN ACT TO AMEND THE RACING, PARI-MUTUEL
WAGERING AND BREEDING LAW, IN RELATION TO STATE GAMING COMMISSION
OCCUPATIONAL LICENSES.
ACTING SPEAKER JONES: ON A MOTION BY MR.
PRETLOW, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JONES: THE CLERK WILL RECORD
THE VOTE ON SENATE BILL 1443. 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: THANK YOU SO MUCH, MR. SPEAKER.
WILL YOU PLEASE RECORD THE FOLLOWING MEMBERS IN THE NEGATIVE ON THIS
BILL: MS. GIGLIO, MR. MIKULIN, MR. MICHAEL REILLY, MR. DOUG SMITH.
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NYS ASSEMBLY JUNE 3, 2022
THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MS. SOLAGES.
MS. SOLAGES: CAN YOU PLEASE RECORD OUR
COLLEAGUE MR. BARNWELL AS A NEGATIVE?
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MS. SOLAGES.
MS. SOLAGES: WILL YOU PLEASE ADVANCE -- ADVANCE
THE B-CALENDAR?
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SOLAGES, THE B-CALENDAR IS ADVANCED.
MA'AM.
MS. SOLAGES: THANK YOU, MR. SPEAKER. WE'RE
GOING TO CONTINUE OUR WORK WITH THE FOLLOWING BILLS: RULES REPORT NO.
415 BY MR. CARROLL, RULES REPORT NO. 539 BY MR. CARROLL, RULES
REPORT NO. 687 BY MS. JOYNER, RULES REPORT NO. 692 BY MS. JOYNER,
RULES REPORT NO. 400 BY MS. SOLAGES, RULES REPORT NO. 591 BY MS.
BICHOTTE [SIC], AND RULES REPORT NO. 600 BY MS. REYES.
ACTING SPEAKER AUBRY: THANK YOU.
PAGE 9, RULES REPORT NO. 415, THE CLERK WILL READ.
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NYS ASSEMBLY JUNE 3, 2022
THE CLERK: ASSEMBLY NO. A08858-A, RULES
REPORT NO. 415, CARROLL, ENGLEBRIGHT, DICKENS, GOTTFRIED, ZEBROWSKI,
HEVESI, SIMON, PAULIN, CRUZ, EPSTEIN, DINOWITZ. AN ACT TO AMEND THE
ELECTION LAW, IN RELATION TO VOTER REGISTRATION.
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
BRINGS THE VOTER REGISTRATION DEADLINE TO THE CONSTITUTIONAL MINIMUM OF
TEN DAYS.
ACTING SPEAKER AUBRY: MR. NORRIS.
MR. NORRIS: WILL THE SPONSOR YIELD FOR A COUPLE OF
QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MR. CARROLL, WILL YOU
YIELD, SIR?
MR. CARROLL: I DO, MR. SPEAKER.
MR. NORRIS: THANK YOU, MR. CARROLL. IF WE REDUCE
THE PERIOD OF TIME FROM 25 TO 15 DAYS THEN THE RECEIPT FROM 20 TO 10,
WOULD THAT ALLOW THE BOARD OF ELECTIONS ENOUGH TIME FOR THE
REGISTRATION ROLES TO BE PREPARED, PARTICULARLY CONSIDERING WE ARE DOING
EARLY VOTING NOW TEN DAYS PRIOR TO ELECTION DAY?
MR. CARROLL: I -- I BELIEVE SO. OTHER STATES HAVE
SHORTER TIME PERIODS AND THEY'RE ABLE TO EFFECTUATE AND PROPERLY RUN
THEIR ELECTIONS AND EARLY VOTING.
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NYS ASSEMBLY JUNE 3, 2022
MR. NORRIS: SO IF IT'S RECEIVED, THOUGH, AT THE TENTH
DAY PRIOR TO THE POLL BOOKS NEED TO BE STILL PREPARED, AT LEAST ELECTRONIC
DATA NEEDS TO GO INTO THOSE POLLING BOOKS, IT'S A VERY TIGHT TIME FRAME
FOR A BOARD OF ELECTIONS TO PREPARE IT, PARTICULARLY FOR EARLY VOTING. IT --
PRACTICALLY WITH LESS THAN 24 HOURS.
MR. CARROLL: YOU'RE RIGHT, MR. NORRIS. FIRST, THAT
VOTER WILL OF COURSE BE ABLE TO VOTE VIA AN AFFIDAVIT BALLOT AND HE OR SHE
WHEN THEY VOTE BY THAT AFFIDAVIT BALLOT, WHEN THAT BALLOT IS OPENED THEY
WILL SEE THAT THEY HAD PROPERLY REGISTERED TO VOTE WITHIN THE TIME
PERIOD AND THAT VOTE WILL COUNT. BUT ALSO THERE ARE TECHNOLOGICAL
ADVANCES THAT I BELIEVE WILL ALLOW FOR THE BOARD OF ELECTIONS TO MAKE
SURE THAT THEY'RE ABLE TO UPDATE THOSE ELECTRONIC VOTING -- THOSE
ELECTRONIC POLL VOTES AS QUICKLY AS POSSIBLE.
MR. NORRIS: ALL RIGHT. THANK YOU VERY MUCH, MR.
CARROLL.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
NORRIS.
MR. NORRIS: THANK YOU, MR. SPEAKER. THIS IS A --
THE LANGUAGE IS VERY SIMPLE. IT'S REDUCING THE PERIOD OF TIME FROM 25
DAYS PRIOR TO AN ELECTION DAY TO 15 TO BE POSTMARKED AND THEN
RECEIVED BY THE BOARD 20 UNDER CURRENT LAW TO 10. I BELIEVE THE CURRENT
LAW IS STILL THE APPROPRIATE MECHANISM TO ALLOW OUR BOARD OF ELECTIONS
PROPER TIME TO ENSURE THAT THE VOTER ROLLS ARE READY TO GO FOR THAT
PARTICULAR ELECTION. THIS WOULD BE, I BELIEVE, A BURDEN ON OUR BOARD OF
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NYS ASSEMBLY JUNE 3, 2022
ELECTIONS AND WOULD NOT PERMIT ENOUGH TIME FOR THEM TO RUN THE
CHECKS VERSUS THE ENTIRE STATEWIDE DATABASE TO ENSURE THAT THERE'S NOT
PEOPLE WHO ARE DOUBLE-REGISTERED IN THE STATE OF NEW YORK.
AND SO FOR THOSE REASONS I WILL BE OPPOSING THIS BILL
AND I ENCOURAGE MY COLLEAGUES DO THE SAME. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION -- THE CLERK WILL RECORD THE VOTE
ON SENATE PRINT 2951. 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 FOR THE REASONS MENTIONED BY MY
COLLEAGUE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THE
MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION.
HOWEVER, THERE MAY BE SOME OF US WHO WOULD DESIRE TO BE AN
EXCEPTION. THEY SHOULD FEEL FREE TO CALL THE MAJORITY LEADER'S OFFICE IF
THEY'RE NOT IN THE CHAMBERS. IF THEY'RE IN THE CHAMBERS THEY CAN PRESS
THEIR VOTE THEMSELVES. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU BOTH.
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NYS ASSEMBLY JUNE 3, 2022
(THE CLERK RECORDED THE VOTE.)
MR. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. LAST YEAR
THIS CHAMBER TRIED TO PASS A CONSTITUTIONAL AMENDMENT AND HAD IT
ADOPTED BY THE PUBLIC TO ALLOW FOR SAME-DAY REGISTRATION. THE VOTERS
ACROSS THE STATE OF NEW YORK REJECTED THAT. WHAT IS CONCERNING ABOUT
THIS BILL AND THE PUSH TO REDUCE THE TIME FRAME IS THAT I CAN GIVE YOU A
VERY REAL EXAMPLE FROM THIS YEAR. IN MY DISTRICT, PETITIONS WERE FILED
FOR A CANDIDATE WHO WAS REGISTERED TO VOTE IN THE STATE OF NEW YORK
BUT HAPPENED TO LIVE IN THE STATE OF NEW JERSEY AND ALSO REGISTERED TO
VOTE IN THE STATE OF NEW JERSEY, AND IN FACT WHEN LOOKING AT VOTER
RECORDS VOTED IN TWO STATES IN THE SAME GENERAL ELECTION ON THE SAME
DATES. THE BOARD OF ELECTIONS NEEDS THE OPPORTUNITY TO REVIEW
APPLICATIONS AND CONFIRM SOMEONE'S ELIGIBILITY. THERE'S NO REASON TO
REDUCE THAT TIME FRAME, AND IN FACT THE VOTERS OF THE STATE OF NEW YORK
LAST YEAR, IN THEIR WISDOM, REJECTED SAME-DAY VOTER REGISTRATION FOR A
REASON. ALL THAT SHOULD BE DONE IS TO SEEK TO ENSURE THAT PEOPLE WHO
ARE TRULY ELIGIBLE TO VOTE IN THE STATE OF NEW YORK FILE AN APPLICATION
AND THAT APPLICATION IS REVIEWED AND APPROVED. THAT'S NOT ASKING TOO
MUCH. AND I THINK GIVEN THE TIME FRAMES, GIVEN THE COMPLEXITIES, IT IS
IMPERATIVE THAT THE BOARD OF ELECTIONS HAVE AN OPPORTUNITY TO REVIEW
EVERY APPLICATION AND VERIFY WHETHER OR NOT SOMEBODY --
(BUZZER SOUNDS)
-- IS ELIGIBLE TO VOTE.
SO I VOTE IN THE NEGATIVE AND I ENCOURAGE EVERYBODY
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NYS ASSEMBLY JUNE 3, 2022
TO VOTE IN THE NEGATIVE AND RESPECT THE WILL OF THE PEOPLE OF THE STATE OF
NEW YORK WHO SPOKE CLEARLY ON THIS LAST YEAR.
ACTING SPEAKER AUBRY: MR. -- MR. LAWLER IN
THE NEGATIVE.
MS. SIMON TO EXPLAIN HER VOTE.
MS. SIMON: THANK YOU, MR. SPEAKER. I WOULD JUST
LIKE TO EXPLAIN MY VOTE BY SAYING THAT THIS IS A BILL THAT IS AN IMPORTANT
BILL THAT WILL INCREASE THE ABILITY FOR PEOPLE TO VOTE IN NEW YORK STATE.
WHAT WE WANT TO DO, OF COURSE, IS TO HAVE MORE PEOPLE VOTE. THAT IS
THE QUINTESSENTIAL AMERICAN FRANCHISE. EXAMPLES OF PEOPLE WHO MAY
HAVE COMMITTED ELECTION FRAUD OR A BOARD OF ELECTIONS THAT DIDN'T
CATCH SOMEBODY UNDER THE CURRENT RULES MEANS THAT IN FACT THE TIME
FRAME IS COMPLETELY IRRELEVANT. IF THE BOARD OF ELECTIONS IS DOING WHAT
THE BOARD OF ELECTIONS SHOULD BE DOING, THEY SHOULD BE CATCHING THOSE
THINGS AND THAT IS A DIFFERENT ISSUE AND I WILL BE VOTING 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 14, RULES REPORT NO. 539, THE CLERK WILL READ.
THE CLERK: SENATE NO. S05472-A, RULES REPORT
NO. 539, SENATOR HOYLMAN (A07876-A, CARROLL, WALKER, GALLAGHER,
BARNWELL, JONES, ANDERSON, STERN, ROZIC, QUART, PAULIN, CYMBROWITZ,
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NYS ASSEMBLY JUNE 3, 2022
GOTTFRIED, DINOWITZ, GRIFFIN, NOLAN, ABINANTI, SANTABARBARA,
L. ROSENTHAL, MCDONALD, LAVINE, THIELE, OTIS, HEVESI, DAVILA,
SEAWRIGHT, D. ROSENTHAL, LUPARDO, JACOBSON, FERNANDEZ, O'DONNELL,
CUSICK, KELLES, BURDICK, FAHY, GALEF, STECK, MAGNARELLI, WOERNER,
BARRETT, STIRPE, SIMON, HUNTER, DURSO, GANDOLFO, NIOU, CRUZ, MIKULIN,
MONTESANO, ENGLEBRIGHT, GIBBS, COLTON. AN ACT TO AMEND THE REAL
PROPERTY TAX LAW, IN RELATION TO REQUIRING DISCLOSURE OF INFORMATION
CONCERNING FLOOD INSURANCE ON RESIDENTIAL LEASES.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THIS WILL BE A PARTY VOTE, SIR.
ACTING SPEAKER AUBRY: NO PROBLEM.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5472-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. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED FOR THE REASONS I HOPE TO EXPLAIN
IN A MOMENT, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY JUNE 3, 2022
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY SUPPORT THIS
LEGISLATION. HOWEVER, THERE MAY BE OTHERS WHO DECIDE TO BE AN
EXCEPTION. THEY CAN CALL THE MAJORITY LEADER'S OFFICE AND WE WILL
MAKE SURE THEIR VOTE IS RECORDED.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THIS LEGISLATION
WOULD REQUIRE THAT EVERY SINGLE RESIDENTIAL LEASE IN THE STATE OF NEW
YORK PROVIDE NOTICE OF INFORMATION RELATED TO THE FLOOD HISTORY AND THE
CURRENT FLOOD RISK OF A LEASED PREMISES, INCLUDING AN EVALUATION OF
WHETHER THE PROPERTY IS WITHIN A DESIGNATED FLOOD ZONE, ALONG WITH
INFORMATION ABOUT THE IMPORTANCE FOR TENANTS TO HAVE FLOOD INSURANCE.
THIS IS A GREAT IDEA FOR PROPERTY THAT IS ACTUALLY IN A FLOOD ZONE, AND
CONFUSING TO CONSUMERS AND A SUBSTANTIAL ADDITIONAL EXPENSE FOR ALL
THOSE PROPERTIES THAT ARE NOT IN THE FLOOD ZONE. AND THANKFULLY, THE
VERY VAST MAJORITY OF RESIDENTIAL PROPERTY IN THE STATE OF NEW YORK IS
NOT IN A FLOOD ZONE. IN FACT, IN MY COUNTY, WHICH IS HILLY, VERY, VERY
LITTLE, THANKFULLY, IS IN A FLOOD ZONE. IF YOU LIVE ABOVE THE FIRST FLOOR,
PRESUMABLY THE FIRST FLOOR MIGHT BE IN A FLOOD ZONE. PROBABLY THE TOP
FLOOR IS OUTSIDE OF IT. THE COST, HOWEVER, OF GETTING A CERTIFICATION THAT
YOUR PROPERTY IS NOT IN A FLOOD ZONE EVEN IF IT'S ON TOP OF A HILLTOP IS
SIGNIFICANT BECAUSE THEY HAVE TO PULL OUT ALL THE OFFICIAL RECORDS AND DO
THE ANALYSIS AND TYPE UP THE REPORT AND GIVE IT TO YOU. SO THIS IS A GREAT
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NYS ASSEMBLY JUNE 3, 2022
IDEA FOR ALL THOSE AREAS THAT ARE PRONE TO FLOODING, AND A SUBSTANTIAL AND
UNNECESSARY EXPENSE FOR EVERYONE ELSE.
ONE OTHER THING TO POINT OUT. IF THE PROPERTY IS NOT IN
A FLOOD ZONE THE TENANT CANNOT BUY FLOOD INSURANCE. THE FLOOD
INSURANCE IS SUBSIDIZED BY THE FEDERAL GOVERNMENT. IT IS ONLY AVAILABLE
IF YOUR PROPERTY IS IN A FLOOD ZONE. AND SO IF YOU'RE TELLING EVERY
TENANT IN THE STATE OF NEW YORK ABOUT THE IMPORTANCE OF BUYING FLOOD
INSURANCE IT'S GOING TO CREATE A LOT OF CONFUSION THAT'S UNNECESSARY.
AND SO BECAUSE OF THE -- THIS BILL IS STATEWIDE TO EVERY
SINGLE RESIDENTIAL LEASE AS OPPOSED TO BEING TAILORED TO THOSE THAT NEED
IT, I'M RECOMMENDING AGAINST IT TO MY COLLEAGUES. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. CARROLL TO EXPLAIN HIS VOTE.
MR. CARROLL: THANK YOU, MR. SPEAKER. THIS IS A
SIMPLE PIECE OF LEGISLATION THAT GIVES RENTERS THE RIGHT TO KNOW ABOUT
WHETHER THE APARTMENT THAT THEY ARE GOING TO LEASE IS IN A FLOOD ZONE OR
IS PRONE TO FLOODING. UNFORTUNATELY, MANY OF YOU ARE AWARE THAT LAST
YEAR IN QUEENS AND OTHER PLACES IN NEW YORK STATE, MANY, MANY
TENANTS LOST THEIR LIVES WHEN THERE WERE FLASH FLOODS IN NEW YORK CITY.
THIS LEGISLATION IS BASED OFF OF LEGISLATION THAT HAS BEEN ADOPTED IN
MANY, MANY STATES, AND MANY OF THOSE STATES ARE GULF STATES OR STATES
CONTROLLED BY REPUBLICAN LEGISLATURES AND THEY'VE IMPLEMENTED THESE
TYPES OF LAWS. IT MAKES SENSE FOR NEW YORK TO IMPLEMENT THESE TYPES
OF LAWS BECAUSE TENANTS HAVE A RIGHT TO KNOW IF THERE'S A FLOOD RISK.
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NYS ASSEMBLY JUNE 3, 2022
WE MADE SURE THAT WHEN SOMEONE PURCHASES A HOME, THEY HAVE A RIGHT
TO KNOW ABOUT A FLOOD RISK. TENANTS DESERVE THAT SIMILAR RIGHT TO
KNOW, AND I WILL BE VOTING IN THE AFFIRMATIVE, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. CARROLL IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. REILLY IN THE AFFIRMATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 6, RULES REPORT NO. 687, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07178-A, RULES
REPORT NO. 687, JOYNER. AN ACT TO AMEND THE WORKERS' COMPENSATION
LAW, IN RELATION TO SCHEDULE IN CASE OF DISABILITY.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
JOYNER, 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 8271-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
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NYS ASSEMBLY JUNE 3, 2022
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS I'LL EXPLAIN IN A
MOMENT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THE
DEMOCRATIC CONFERENCE IS GOING TO BE IN FAVOR OF THIS LEGISLATION;
HOWEVER, THERE MAY BE SOME THAT WOULD LIKE TO CHOSE AN EXCEPTION.
THEY CAN DO THAT BY CALLING THE OFFICE OR PRESSING THE BUTTON. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, BOTH.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THIS BILL MODIFIES
THE WORKERS' COMPENSATION LAW TO INCREASE THE MINIMUM AMOUNT OF
COMPENSATION THAT'S PAID FOR A TEMPORARY OR A PERMANENT OR A PARTIAL
DISABILITY. THE REASON WE HAVE A CONCERN OVER THIS IS BECAUSE THE
INCREASE WILL BE ABOUT 225 PERCENT OVER THE CURRENT LEVEL; MORE THAN
DOUBLE THE CURRENT LEVEL. RIGHT NOW, UNFORTUNATELY, WORKERS' COMP
COSTS ARE A HUGE BURDEN ON ALL OF OUR EMPLOYERS THAT ARE STRUGGLING TO
RECOVER FROM COVID AND THE GOVERNMENT IMPOSED SHUTDOWN. IN MY
COUNTY, MY EMPLOYERS ARE COMPETING DIRECTLY WITH COMPANIES IN
PENNSYLVANIA AND OHIO, AND THEIR WORKERS' COMP COSTS ARE JUST A
FRACTION OF OURS.
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NYS ASSEMBLY JUNE 3, 2022
SO THIS HAS A VERY SERIOUS IMPACT BECAUSE AS WE
DRAMATICALLY INCREASE THE COST OF WORKERS' COMP ON NEW YORK
EMPLOYERS, MANY OF THEM REDUCE THE NUMBER OF EMPLOYEES. AND SO IN
ORDER TO MAXIMIZE THE NUMBER OF EMPLOYEES WORKING IN NEW YORK
STATE, WE MAXIMIZE THE LIKELIHOOD THAT OUR EMPLOYERS WILL SURVIVE THE
CURRENT PROBLEMS THEY'RE FACING, I WOULD RECOMMEND THAT WE NOT
DOUBLE -- MORE THAN DOUBLE THE MINIMUM AMOUNT PAID. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 7, RULES REPORT NO. 692, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07570-C, RULES
REPORT NO. 692, JOYNER, REYES, GOTTFRIED, SEPTIMO, GALLAGHER,
DINOWITZ, SEAWRIGHT, MCDONALD, NIOU, BURGOS, DAVILA, EPSTEIN,
SIMON, CRUZ, BARNWELL, MITAYNES, FORREST, CARROLL, FAHY,
GONZÁLEZ-ROJAS, MAMDANI, BURDICK, FERNANDEZ, HUNTER, MEEKS,
SOLAGES, JACKSON, PAULIN, ABINANTI, OTIS, AUBRY, PRETLOW, BICHOTTE
HERMELYN, KELLES, CUNNINGHAM, QUART, J. RIVERA, ZINERMAN, TAPIA,
WALKER, BRONSON, O'DONNELL, CLARK, GLICK, ANDERSON, BENEDETTO,
WOERNER, TAYLOR, COOK. AN ACT TO AMEND THE EXECUTIVE LAW, THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW AND THE REAL PROPERTY LAW, IN
RELATION TO ESTABLISHING THE NEW YORK STATE OFFICE OF CIVIL
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NYS ASSEMBLY JUNE 3, 2022
REPRESENTATION TO PROVIDE ACCESS TO LEGAL SERVICES IN EVICTION
PROCEEDINGS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: WOULD THE SPONSOR YIELD FOR
QUESTIONS?
ACTING SPEAKER AUBRY: MS. JOYNER, WILL YOU
YIELD?
MS. JOYNER: YES.
ACTING SPEAKER AUBRY: MS. JOYNER YIELDS.
MR. GOODELL: THANK YOU, MS. JOYNER. I
UNDERSTAND THAT THE PURPOSE OF THIS LEGISLATION IS TO CREATE THE NEW
YORK STATE OFFICE OF CIVIL REPRESENTATION; IS THAT CORRECT?
MS. JOYNER: YEP, THAT'S THE --
MR. GOODELL: AND THE PURPOSE OF THIS OFFICE OF
CIVIL REPRESENTATION IS NOT TO REPRESENT POOR LANDLORDS WHO ARE
STRUGGLING TO KEEP THEIR APARTMENTS OPEN, CORRECT?
MS. JOYNER: IT'S IN -- IT WILL BE TO HELP TENANTS
HAVE ACCESS TO ATTORNEYS.
MR. GOODELL: SO THEY WILL NOT REPRESENT THE
LANDLORDS, FOR EXAMPLE, MOM AND POPS WHO ARE FACING BANKRUPTCIES
FROM TENANTS THAT AREN'T PAYING?
MS. JOYNER: NO. INDIVIDUALS WHO ARE AT THE RISK
OF LOSING THEIR HOUSING.
MR. GOODELL: I SEE. AND IS THERE AN INCOME
THRESHOLD FOR THE REPRESENTATION THAT'S PROVIDED BY THIS OFFICE?
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NYS ASSEMBLY JUNE 3, 2022
MS. JOYNER: INCOME THAT IS AT OR BELOW 80 PERCENT
OF THE AREA MEDIAN INCOME.
MR. GOODELL: AND WHAT IS THE NEW YORK STATE
MEDIAN INCOME NOW?
MS. JOYNER: IT VARIES BY REGION.
MR. GOODELL: I'M SORRY?
MS. JOYNER: IT VARIES BY REGION.
MR. GOODELL: OKAY. SO WELL -- WE'RE NOT TALKING
ABOUT BASED ON POVERTY LEVEL OR ANYTHING OF THAT NATURE?
MS. JOYNER: NO.
MR. GOODELL: AND ACCORDING TO THIS, AM I CORRECT
THAT THE ATTORNEYS, THIS -- THE PURPOSE OF THIS PROGRAM IS TO PROVIDE
ATTORNEYS TO THESE TENANTS?
MS. JOYNER: CORRECT.
MR. GOODELL: AND AM I CORRECT THESE ATTORNEYS
CAN ACTUALLY INITIATE LAWSUITS AGAINST LANDLORDS?
MS. JOYNER: NO. THIS IS IN RESPONSE TO A LANDLORD
WHO INITIATES A PROCEEDING.
MR. GOODELL: BUT I SEE ON PAGE 4, LINE 13 THERE'S
A REFERENCE TO ENFORCING WARRANTS OF HABITABILITY, RIGHT? THAT'S -- THAT
CAN BE A DEFENSE, BUT IT CAN BE ALSO ITS OWN CAUSE OF ACTION, CORRECT?
MS. JOYNER: THAT'S CORRECT; YOU'RE RIGHT.
MR. GOODELL: AND SO AM I CORRECT THEN THAT WHAT
THIS WOULD DO IS HAVE TAXPAYER MONEY BEING USED TO PAY AN ATTORNEY TO
SUE LANDLORDS?
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MS. JOYNER: IF THEY ARE VIOLATING THE WARRANT OF
HABITABILITY, YES, THAT'S CORRECT.
MR. GOODELL: AND IS THE EXPENSE OF THE ATTORNEY
DEPENDENT ON THE SUCCESS OF THE LAWSUIT? I MEAN, A LOT OF TIMES WE
HAVE LAWS THAT SAY THE SUCCESSFUL PARTY WILL HAVE THEIR LEGAL FEES PAID
FOR; IS THAT THE CASE HERE?
MS. JOYNER: NO.
MR. GOODELL: SO WE PAY FOR IT EVEN IF THEY LOSE.
THE TAXPAYERS WOULD PAY FOR THE LAWYER EVEN IF THE LAWYER LOSES, THE
CASE IS LOST, IS THAT --
MS. JOYNER: CORRECT.
MR. GOODELL: -- CORRECT? NOW, DON'T WE ALREADY
HAVE A LEGAL SERVICES PROGRAM DESIGNED SPECIFICALLY TO HELP LITIGANTS,
INCLUDING TENANTS THAT ARE BELOW CERTAIN INCOME THRESHOLDS.
MS. JOYNER: THAT IS CORRECT, BUT THERE'S NO
REQUIREMENT UNDER LAW RIGHT NOW THAT TENANTS ARE ADVISED OF A RIGHT TO
AN ATTORNEY IF THEY'RE ELIGIBLE FOR ONE. SO THIS WILL ALLOW -- CREATE THAT,
AND THERE IS A RIGHT TO AN ATTORNEY BUT NOT IN ALL CIVIL CASES, SO WE ARE
EXTENDING THAT FOR HOUSING COURT PROCEEDINGS.
MR. GOODELL: WELL, UNDER THE TENANT PROTECTION
AND SECURITY ACT OF 2019, ISN'T IT AN AFFIRMATIVE OBLIGATION THAT ANY
PROCEEDINGS FOR AN EVICTION INCLUDE A NOTICE THAT THE TENANT MAY HAVE
LEGAL REPRESENTATION?
MS. JOYNER: YEAH. SO THIS IS GOING TO CREATE A
STATEWIDE UNIFIED PROGRAM, NOT AD HOC. SO IT -- THERE WILL BE DEDICATED
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NYS ASSEMBLY JUNE 3, 2022
FUNDING, AGAIN, SUBJECTED -- SUBJECT TO APPROPRIATION FOR THESE
PROCEEDINGS.
MR. GOODELL: BUT WE ALREADY HAVE FUNDING IN THE
CURRENT BUDGET, CORRECT, FOR THE --
MS. JOYNER: THERE IS -- THERE ARE OTHER FUNDING
STREAMS, YES.
MR. GOODELL: YES. AND WE ALREADY REQUIRE BY
LAW THAT LANDLORDS TELL TENANTS THEY CAN BE REPRESENTED, CORRECT?
MS. JOYNER: THAT -- I'M NOT SURE IF THAT'S UNIFORM
ACROSS THE BOARD --
MR. GOODELL: I SEE, AND --
MS. JOYNER: -- THAT THERE'S A REQUIREMENT FOR
LANDLORDS.
MR. GOODELL: -- I'M CORRECT UNDER THE TENANT
SECURITY ACT THAT TENANTS ARE AUTOMATICALLY GRANTED A TWO-WEEK
EXTENSION WHENEVER THEY SHOW UP FOR AN EVICTION, PRESUMABLY TO
OBTAIN LEGAL COUNSEL, CORRECT?
MS. JOYNER: UNDER THIS BILL YES, 14 DAYS.
MR. GOODELL: AND IT'S ALSO THE CURRENT LAW,
CORRECT?
MS. JOYNER: YES.
MR. GOODELL: OKAY. NOW, WHAT DO YOU
ANTICIPATE THE EXPENSE IS OF PROVIDING FREE LEGAL SERVICES TO ALL THE
TENANTS WHO ARE BELOW 85 PERCENT OF MEDIAN INCOME?
MS. JOYNER: AGAIN, IT WILL BE SUBJECT TO
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NYS ASSEMBLY JUNE 3, 2022
APPROPRIATION. THIS YEAR WE INCLUDED $35 MILLION FOR THIS.
MR. GOODELL: AND WHAT IS YOUR ESTIMATE FOR THE
COST?
MS. JOYNER: I WOULD SAY AT LEAST 100 MILLION.
MR. GOODELL: AT LEAST 100 MILLION?
MS. JOYNER: YES.
MR. GOODELL: I SEE. SO WE'RE GOING TO SPEND 100
MILLION OF TAXPAYER MONEY TO PAY LAWYERS TO REPRESENT TENANTS TO SUE
LANDLORDS WHO HAVEN'T BEEN ABLE TO MAINTAIN THEIR PROPERTY BECAUSE WE
TOLD THEM THAT THE TENANTS DIDN'T HAVE TO PAY FOR TWO YEARS, IS THAT
ABOUT --
MS. JOYNER: THIS IS TO HELP TENANTS WHO ARE AT THE
RISK OF LOSING THEIR HOUSING WHICH IS, OF COURSE, YOU KNOW, WHERE --
WE'RE HAVING SAVINGS FROM PEOPLE GOING INTO THE HOMELESS SHELTER
SYSTEM. THIS IS AN OVERALL LONG-TERM INVESTMENT IN -- IN -- IN -- IN
FOLKS THAT WE NEED TO HELP.
MR. GOODELL: I SEE. AND HOW IS THIS DIFFERENT
THAN THE CURRENT LAW THAT REQUIRES, OR MAKES AVAILABLE THROUGH THE
CURRENT APPROPRIATION SERVICES THROUGH LEGAL AID?
MS. JOYNER: SO THIS IS GOING TO SET UP A STATE
AGENCY THAT WILL BE WORKING IN CONJUNCTION WITH OCA IN TERMS OF
PROVIDING NOTICE, AND THEN THE STATE AGENCY WILL ALSO BE RESPONSIBLE
FOR SUBMITTING ANNUAL REPORTS AT -- REQUESTING AN ANNUAL BUDGET,
WORKING WITH COMMUNITY PARTNERS AND LEGAL REPRESENTATION
ORGANIZATIONS TO HELP DEVELOP A UNIFIED PROGRAM THAT WE CAN
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NYS ASSEMBLY JUNE 3, 2022
ADEQUATELY SEE THE NEED AND WHERE -- WHERE -- WHERE -- WHERE IN OUR
STATE TENANTS ARE SUFFERING THE MOST.
MR. GOODELL: I SEE. I THINK YOU TOUCHED BASE ON
THIS, BUT I JUST WANT TO MAKE SURE, IN ORDER TO BE ELIGIBLE THE TENANT HAS
TO BE AT OR BELOW 85 PERCENT OF THE MEDIAN INCOME, CORRECT?
MS. JOYNER: YES.
MR. GOODELL: BUT AS YOU KNOW, A LOT OF OUR
SMALLER LANDLORDS, THEIR NET INCOME IS ALSO 85 PERCENT OR MORE BELOW
THE MEDIAN INCOME. IF A LANDLORD WHOSE MEDIAN INCOME, NET, IS BELOW
85 PERCENT, WILL THEY BE ABLE TO OBTAIN REIMBURSEMENT FROM THE STATE IF
THEY ARE SUCCESSFUL IN EVICTING THE TENANT OR DEFENDING AGAINST AN
ACTION BROUGHT BY THE TENANT?
MS. JOYNER: RIGHT. THAT'S OUTSIDE OF THE SCOPE OF
THE BILL. A GREAT IDEA THAT MAYBE SOMEONE ELSE SHOULD TAKE UP, BUT IT'S
NOT ADDRESSED IN THIS BILL, NO.
MR. GOODELL: OKAY. THANK YOU VERY MUCH. I
APPRECIATE YOUR COMMENTS IN CLARIFYING THIS BILL.
MS. JOYNER: THANK YOU.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. GOODELL: YOU KNOW, NEW YORK HAS JUST
DEALT A DEVASTATING BLOW TO OUR LANDLORDS ALL ACROSS THE STATE. WE
IMPLEMENTED AN ALMOST UNRESTRICTED MORATORIUM ON RENT FOR UPWARDS
OF TWO YEARS. IF YOU NOW WANT TO GO INTO COURT REPRESENTING A LANDLORD,
I BROUGHT AN EVICTION ACTION IN OCTOBER AND THE COURTS WERE SO BACKED
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UP THEY TOLD ME THAT EVEN THOUGH THE TENANT HADN'T PAID IN MONTHS, THE
EARLIEST THEY COULD SEE OR HEAR THE CASE WAS IN JANUARY OF THE FOLLOWING
YEAR. AND WHEN WE SHOW UP IN JANUARY, THE FIRST THING THE TENANT DID
WAS ASK FOR A TWO WEEK ADJOURNMENT, ENTITLED TO IT, GOT IT
AUTOMATICALLY. TWO WEEKS LATER, THE TENANT SHOWS UP WITH A NEW
LAWYER FROM THE LEGAL AID PAID FOR BY THE STATE OF NEW YORK AND THEY
ASK FOR ANOTHER TWO WEEKS ADJOURNMENT SO THEY CAN REVIEW THE CASE.
AFTER I THINK SIX OR SEVEN ADJOURNMENTS, WE FINALLY HAD THE CASE HEARD
AND THERE WAS NO DEFENSE. I MEAN, THERE JUST WASN'T ANY DEFENSE.
SO WE TAKE ALL THE INCOME STREAM FROM ALL THESE SMALL
LANDLORDS, IN MY DISTRICT MOST OF THEM WILL HAVE ONE OR TWO OR MAYBE
THREE OR FOUR APARTMENTS, WE TAKE ALL THEIR INCOME FOR MONTHS ON END
AND THEN THE STATE OF NEW YORK, HAVING DEPRIVED THEM OF INCOME FOR
MONTHS, HIRES LAWYERS TO REPRESENT THE TENANTS TO SUE THE LANDLORD
BECAUSE THE LANDLORD HASN'T BEEN ABLE TO MAINTAIN THE PROPERTY BECAUSE
HE HASN'T BEEN PAID IN A YEAR-AND-A-HALF. AND IF THE LANDLORD WINS, TOO
BAD, HE PAYS HIS OWN LAWYER. AND IF THE TENANT LOSES, IT DOESN'T MATTER,
THE STATE OF NEW YORK AND ALL ITS TAXPAYERS PAY LAWYERS TO SUE
LANDLORDS ON BEHALF OF TENANTS.
WE HAVE A HUGE AND LOOMING HOUSING CRISIS BECAUSE
IT APPEARS AS THOUGH THE STATE OF NEW YORK IS DETERMINED TO DRIVE OUT
OF BUSINESS THE LANDLORDS, ESPECIALLY THE SMALL LANDLORDS WHO PUT THEIR
LIFE SAVINGS INTO PROVIDING HOUSING FOR THE WORKING-CLASS POOR. I
MEAN, HONEST TO GOODNESS, YOU COULDN'T DESIGN A SYSTEM BETTER TO DRIVE
PEOPLE OUT OF THE BUSINESS. AND IF YOU LOOK AT THE NUMBERS, YOU SEE
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NYS ASSEMBLY JUNE 3, 2022
THAT FOR THE FIRST TIME IN DECADES THE NUMBER OF NEW APARTMENTS BEING
BUILT IN NEW YORK CITY ARE LESS THAN THE NUMBER OF APARTMENTS THAT ARE
LEGAL.
MY FRIENDS, LET'S TREAT BOTH LANDLORDS AND TENANTS
FAIRLY. LET'S TREAT THEM BOTH FAIRLY. LET'S PROVIDE THAT IF THE TENANT
NEEDS HELP, AS WE DO NOW, BY THE WAY -- UNDER THE CURRENT SYSTEM IF A
TENANT NEEDS LEGAL HELP, WE DO PROVIDE IT FOR THEM. BUT WHAT WE DON'T
DO AND WHAT THIS BILL WOULD DO IS PAY LAWYERS TO SUE TENANTS -- I'M
SORRY, PAY LAWYERS TO REPRESENT TENANTS BRINGING A LAWSUIT AGAINST
LANDLORDS, INCLUDING OUR SMALL MOM AND POP LANDLORDS. IT'S JUST NOT A
FAIR BILL. IT'S JUST NOT THE RIGHT MESSAGE AND IT'S GOING TO EXACERBATE OUR
HOUSING CRISIS BY FORCING MANY SMALL LANDLORDS OUT OF THE BUSINESS.
FOR THAT REASON, I WOULD RECOMMEND AGAINST IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7570-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
NUMBER PREVIOUSLY PROVIDED.
AND MR. GOODELL, WOULD YOU LIKE TO TELL US THE
POSITION YOU'RE GOING TO TAKE ON THIS BILL?
MR. GOODELL: THANK YOU, SIR. FOR THOSE WHO
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NYS ASSEMBLY JUNE 3, 2022
DIDN'T UNDERSTAND MY EARLIER COMMENTS, BUT JUST TO MAKE IT CLEAR, THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY IN FAVOR OF THIS
LEGISLATION.
ACTING SPEAKER AUBRY: THANK YOU, BOTH.
(THE CLERK RECORDED THE VOTE.)
MR. WALCZYK TO EXPLAIN HIS VOTE.
MR. WALCZYK: THANK YOU, MR. SPEAKER. THIS --
THIS BILL HOPEFULLY, YOU KNOW, REPEAT THIS A LOT BECAUSE I KNOW THERE'S A
LOT OF LEGISLATION COMING, THIS DID NOT PASS THE SENATE. I JUST WANTED
MY COLLEAGUES TO KNOW. THANK YOU.
ACTING SPEAKER AUBRY: MR. WALCZYK IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 9, RULES REPORT NO. 400, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05115-E, RULES
REPORT NO. 400, SOLAGES, MAGNARELLI, AUBRY, CRUZ, TAYLOR, GIBBS,
CUNNINGHAM, SIMON, MONTESANO, GOTTFRIED, STIRPE, BUTTENSCHON,
FAHY. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO ENACTING THE
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NYS ASSEMBLY JUNE 3, 2022
"NEW YORK COLLEGIATE ATHLETIC PARTICIPATION COMPENSATION ACT."
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SOLAGES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. THE NEW
YORK STATE COLLEGIATE ATHLETIC PARTICIPATION COMPENSATION ACT
PREVENTS ANY COLLEGE OR ATHLETIC ASSOCIATION FROM PREVENTING AN ATHLETE
FROM EARNING COMPENSATION FOR THE USE OF THEIR NAME, IMAGE, AND
LIKENESS - AND MOVING FORWARD, WE'LL CALL IT AN NIL.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
MS. SOLAGES: YES.
ACTING SPEAKER AUBRY: MS. SOLAGES YIELDS,
SIR.
MR. RA: THANK YOU, MS. SOLAGES. SO LET'S, IF WE
CAN JUST QUICKLY GO THROUGH WHERE WE ARE RIGHT NOW FOR MY COLLEAGUES,
I THINK MANY MAY BE AWARE, THERE WAS A U.S. SUPREME COURT DECISION
LAST YEAR WHICH CLEARED THE WAY, REALLY, FOR THE NCAAS HAVE TO PERMIT
THIS, BUT RIGHT NOW LIKE MANY STATES, OUR STATE LAWS ARE SILENT AS TO HOW
THIS WOULD WORK. SO YOU KNOW, WHEN I ORIGINALLY READ THE BILL, WHICH
I THINK I TOLD YOU, I WAS WONDERING WHY WE NEEDED TO DO THIS BECAUSE
IF OUR LAW IS SILENT, YOU'D BE ABLE TO DO IT. BUT I THINK YOU, VERY
IMPORTANTLY, POINTED OUT THAT RIGHT NOW WE HAVE NO LAWS ON THE BOOKS.
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NYS ASSEMBLY JUNE 3, 2022
SO WHAT ARE WE TRYING TO ACCOMPLISH TO ALLOW THIS TO MOVE FORWARD
WITH THIS BILL?
MS. SOLAGES: AND MY COLLEAGUE IS CORRECT, IT'S
VERY IMPORTANT THAT WE BUILD A FRAMEWORK. AS WE KNOW, MANY OF
THESE STUDENT ATHLETES WORK VERY HARD NOT ONLY ON THE FIELD, BUT ALSO IN
THE CLASSROOM. AND SO, YOU KNOW, THERE WAS A COURT CASE, NCAA V.
ALSTON IN WHICH THE SUPREME COURT RULED THAT STUDENT ATHLETES WERE
ABLE TO GET COMPENSATION BECAUSE WE SAW, AND THIS IS A QUOTE,
"CONSPIRING WITH COMPETITORS AGREEING WITH COMPETITION TO PAY NO
SALARIES TO WORKERS FOR MAKING THE SCHOOL BILLIONS OF DOLLARS ON THE
THEORY THAT CONSUMERS WANT THE SCHOOL TO PAY THE WORKERS NOTHING,"
AND ADDING THAT "IT SEEMED CIRCULAR AND EVEN SOMEWHAT DISTURBING,"
AND THAT'S A QUOTE FROM SUPREME COURT JUSTICE BRETT KAVANAUGH.
SO THIS A BILL THAT ENSURES THAT STUDENT ATHLETES HAVE
THE ABILITY TO PROFIT OFF OF THEIR NAME, THEIR IMAGE AND LIKENESS. AND
WITHIN THIS BILL, WE ALSO MAKE SURE THAT WE PUT SOME PARAMETERS IN TO
PROTECT THE STUDENT ATHLETES, ESPECIALLY WHEN WE TALK ABOUT OUR D1
ATHLETES, OUR MOST COMPETITIVE ATHLETES. WE WANT TO MAKE SURE THAT
THEY'RE GETTING, YOU KNOW, OTHER, YOU KNOW, OTHER BENEFITS SUCH AS
FINANCIAL LITERACY, BECAUSE MANY OF THESE ATHLETES ARE PARTICULARLY
GOING TO BE GETTING CASH COMPENSATIONS AND OTHER DEALS AND SO WE
WANT TO MAKE SURE THAT THEY KNOW HOW TO USE THAT MONEY TO HELP, YOU
KNOW, HELP A FUND. THERE'S DIFFERENT INITIATIVES WITHIN THE BILL, SO WE
WANT TO MAKE SURE THAT THEY'RE JUST, YOU KNOW, BEING SMART ABOUT THE
NAME, IMAGE AND LIKENESS.
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NYS ASSEMBLY JUNE 3, 2022
MR. RA: ALL RIGHT, THANK YOU. SO I MEAN WHAT WE'RE
ESSENTIALLY TALKING ABOUT WITH NAME, IMAGE AND LIKENESS IS, I MEAN,
MAYBE MORE EXPANSIVE THAN THAT, BUT, YOU KNOW, ENDORSEMENT TYPE
DEALS THAT WE -- WE SEE FROM OUR PROFESSIONAL ATHLETES OFTEN GET.
MS. SOLAGES: YEAH, IT'S -- IT'S A GAUNTLET OF THINGS.
IT'S A, YOU KNOW, THE -- THE DEALS. SO YOU KNOW, IT'S THE PRESS DEAL,
BRANDING DEALS, BUT IT'S ALSO THE ABILITY FOR THE ATHLETE TO USE THEIR NAME,
IMAGE AND LIKENESS IN OTHER FACETS. SO IF THEY ARE, YOU KNOW, A GUITAR
PLAYER, AN AUTHOR, A MOTIVATIONAL SPEAKER, THEY'RE ALLOWED TO DO THAT
AND -- AND BE ABLE TO GET COMPENSATION. AND TO NOTE, MANY OF THESE
ATHLETES COME FROM MARGINALIZED COMMUNITIES, SO THEY MIGHT NOT HAVE
THE MEANS TO REALLY BE, YOU KNOW, PAY FOR BOOKS OR FOR HOUSING. I
KNOW MANY OF THEM GET SCHOLARSHIPS, BUT THAT DOESN'T COVER THE OTHER
COSTS ASSOCIATED WITH GOING TO SCHOOL. AND SO BEING ABLE TO HAVE AN
NIL, THEY CAN USE THAT COMPENSATION TO BE ABLE TO, YOU KNOW, FUND
THEIR LIFESTYLE.
MR. RA: THANK YOU. AND -- AND THEN I -- I WANTED
TO JUST ASK IN TERMS OF THERE'S SOMETHING THAT MANY UNIVERSITIES WITH --
WITH ATHLETIC PROGRAMS HAVE SET UP FOR CALLED COLLECTIVES WHICH,
ESSENTIALLY, YOU KNOW, A LOT OF WAYS RAISE MONEY, SOMETIMES MAYBE
FROM ALUMNI AND PEOPLE WHO ARE SUPPORTIVE OF THEIR PROGRAMS, AND
THEY UTILIZE THAT FOR THE STUDENT ATHLETES AND -- AND ESSENTIALLY, YOU
KNOW, RATHER THAN I GUESS IN THIS TYPE OF SITUATION RATHER THAN SAY, YOU
KNOW, A CLOTHING BRAND OR A SHOE BRAND OR SOME OTHER PERSON THAT
WANTS TO, YOU KNOW, HIRE THE -- THE ATHLETE OR -- OR HAVE THEM MAKE AN
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NYS ASSEMBLY JUNE 3, 2022
APPEARANCE OR WHATEVER, IT'S ACTUALLY, I GUESS THE SCHOOL ITSELF THAT IS,
YOU KNOW, HAVING THEIR -- THEIR ATHLETES MAKE THOSE TYPE OF
APPEARANCES. SO DOES THIS SPEAK, IN PARTICULAR, TO THOSE TYPES OF
THINGS, THE COLLECTIVES?
MS. SOLAGES: YES, DEFINITELY. THIS BILL ADDRESSES
COLLECTIVES AND EVEN GOES EVEN FARTHER. IT PUTS PROTECTIONS SO, YOU
KNOW, THERE'S NO IMPROPRIETY. IT'S STRICTLY A CONVERSATION BETWEEN THE
STUDENT ATHLETE AND THERE'S NO PAY-TO-PLAY. WE'VE -- WE ACTUALLY BAN
COLLECTIVES WITHIN THIS LEGISLATION SO THAT'S NOT GOING TO BE A WORRY SO --
AND THEN IN ADDITION, JUST FOR THE RECORD, THE NCAA ACTUALLY CAME OUT
WITH A RULING ABOUT TWO WEEKS, GUIDANCE THAT SAYS THAT, YOU KNOW,
COLLECTIVES ARE CONSIDERED PAY-TO-PLAY AND THAT IS A VIOLATION OF THE
NCAA. SO NOT ONLY ARE WE GOING TO BE PUTTING THAT IN STATUTE, BUT
THAT'S ALSO WITHIN THE BYLAWS OF THE NCAA.
MR. RA: GREAT. THANK YOU VERY MUCH, MS. SOLAGES.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.
MR. RA: THANK YOU. I APPRECIATE THE ANSWERS TO THE
QUESTIONS, YOU KNOW, BECAUSE I DID HAVE SOME CONCERNS WITH THIS BILL
AND -- AND THE COLLECTIVES, IN PARTICULAR, IN SOME WAYS ARE -- ARE
SOMEWHAT CONCERNING AS A, YOU KNOW, I'M -- I'M A COLLEGE SPORTS FAN. I
HAVE HEARD, I HAVE TO DO FOR THE RECORD, DO HAVE TO SAY THIS, YOU KNOW,
I HAVE HEARD SOME SAY THAT WE HAVE ONE, LIKE, REAL BIG TIME SPORTS
PROGRAM IN NEW YORK STATE, AND THAT BEING SYRACUSE, BUT AS A
GRADUATE OF A FELLOW, YOU KNOW, LONG TIME BIG EAST SCHOOL, ST. JOHNS,
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NYS ASSEMBLY JUNE 3, 2022
I -- I THINK OUR BASKETBALL PROGRAM IS JUST AS GOOD AND -- AND CAN
COMPETE. SO THIS IS OBVIOUSLY SOMETHING AS MY COLLEAGUE NEXT TO ME I
KNOW IS A, HE JUST SAID ST. BONAVENTURE, I KNOW HE'S -- HE'S A BIG FAN;
OUR WESTERN NEW YORK MEMBERS APPRECIATE THAT.
BUT, YOU KNOW, THIS IS REALLY A SEAT CHANGE IN AMATEUR
SPORTS, AND IT'S AN OPPORTUNITY FOR THESE STUDENT ATHLETES TO PROFIT OFF
THEIR NAME, IMAGE AND LIKENESS, YOU KNOW, GET COMPENSATION THAT UP
UNTIL THIS POINT, IT'S A BIG INDUSTRY AND THE STUDENTS THEMSELVES WERE NOT
REALLY ABLE WITHOUT OBVIOUSLY VIOLATING THE RULES AND -- AND CAUSING
TROUBLE FOR THEMSELVES IN TERMS OF THEIR OWN ELIGIBILITY TO -- TO PROFIT
OFF OF THAT. SO I -- I DO NOW GET THE IMPORTANCE OF US HAVING SOME
REGULATORY STRUCTURE SO THAT WITHIN THE CONFINES OF WHAT THIS COURT
DECISION SAID AND WHAT THE NCAA ALLOWS, WE HAVE SOME PROTECTIONS
IN OUR LAWS TO -- TO HELP LET THIS SITUATION DEVELOP, MAKE SURE ALSO THAT
THESE STUDENT ATHLETES ARE BEING PROVIDED WITH SERVICES THAT WILL HELP
THEM, YOU KNOW, DEVELOP BOTH, YOU KNOW, FROM A FINANCIAL STANDPOINT
AND -- AND BE PROVIDED OTHER RESOURCES.
SO I THINK BY AND LARGE, WE'RE TRYING TO STRIKE A
BALANCE HERE AND -- AND I THINK -- I THINK WE'RE DOING THAT. SO 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 5891-F. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO IS TO CONTACT
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NYS ASSEMBLY JUNE 3, 2022
THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. KEITH BROWN IN THE NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 17, RULES REPORT NO. 491, THE CLERK WILL -- 591,
THE CLERK WILL READ.
THE CLERK: SENATE NO. S09351, RULES REPORT NO.
591, SENATOR SANDERS (COMMITTEE ON RULES--BICHOTTE
HERMELYN--A10459). AN ACT TO AMEND THE NEW YORK CITY CHARTER, IN
RELATION TO OPPORTUNITIES FOR BUSINESSES OWNED BY WOMEN AND
MINORITIES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. BICHOTTE HERMELYN. ON ZOOM.
MS. BICHOTTE HERMELYN: AN EXPLANATION.
THIS BILL AUTHORIZES THE CITY OF NEW YORK TO INCREASE THE CONTRACT
AMOUNT FOR AWARDS, BUSINESSES CERTIFIED AS MINORITY- OR
WOMEN-OWNED BUSINESSES, ALSO KNOWN AS MWBES, FROM 500,000 TO
$1 MILLION AND ADJUST THE REPORT REQUIREMENT ACCORDINGLY. THIS BILL IS
A NEW YORK SPECIFIC BILL. THE ORIGINAL FIRST INCREASE IN THRESHOLD FOR
MWBE CONTRACTS WAS ESTABLISHED IN 2017. IT WENT FROM 25,000 TO
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NYS ASSEMBLY JUNE 3, 2022
150,000. THAT THRESHOLD WAS THEN RAISED TO 500,000 IN 2019. THE
EXISTING REPORT REQUIREMENT FOR DISCRETIONARY PURCHASES HAVE REMAINED
AT 150,000 DESPITE THE DOLLAR THRESHOLD INCREASES. AND ACCORDING TO
THE 2018 CITY OF NEW YORK DISPARITY STUDY, THE EQUAL PROTECTION
CLAUSE OF THE 14TH AMENDMENT OF THE UNITED STATES CONSTITUTION HAS
BEEN INTERPRETED TO REQUIRE THAT THE CREATION OF THE STATE OR LOCAL
RACE-BASED CLASSIFICATION MUST BE NARROWLY TAILORED IN A FURTHER
COMPELLED INTEREST. THIS WAS CITED IN THE RICHMOND V. CROSON CASE
AND IT FOUND THAT THE LOCAL GOVERNMENTS HAD A COMPELLING INTEREST IN
ASSURING THAT PUBLIC DOLLARS DRAWN FROM THE TAX CONTRIBUTIONS OF ALL
CITIZENS DO NOT SERVE TO FINANCE THE EVIL OF PRIVATE PREJUDICE.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: MR. SPEAKER, WILL THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. --
MS. BICHOTTE HERMELYN: YES.
ACTING SPEAKER AUBRY: -- BICHOTTE, WILL YOU
YIELD?
MS. BICHOTTE HERMELYN: YES, I WILL YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RA: THANK YOU. SO YOU KNOW, YOU MENTIONED
THAT JUST A COUPLE OF YEARS AGO WE INCREASED THIS THRESHOLD, YOU KNOW,
BY A SOMEWHAT SIZEABLE AMOUNT. SO REALLY, MY -- MY MAIN QUESTION IS
WHY ARE WE DOING SUCH ANOTHER LARGE INCREASE, $1 MILLION, AND REALLY
WHAT -- WHAT MY PROBLEM WITH THIS BILL IS $1 MILLION IS A VERY LARGE
SUM TO HAVE -- BE ABLE TO BE AWARDED WITHOUT ANY TYPE OF COMPETITIVE
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BIDDING.
MS. BICHOTTE HERMELYN: WELL, FIRST OF ALL, $1
MILLION IS NOT A LOT, OKAY. THE MTA CURRENTLY HAS A $1.5 MILLION
DISCRETIONARY THRESHOLD THAT WE ALL PASSED IN THE BUDGET THIS YEAR. AND
YOU HAVE TO THINK OF THE DECADES AND DECADES OF RACISM,
DISCRIMINATION, EXCLUSION, PEOPLE OF COLOR, WOMEN HAVE BEEN RAPED
AND STRIPPED FROM THEIR ECONOMIC FAIR SHARE OF RESOURCES. THEY ARE
TAXPAYING CITIZENS, AS WELL. AND IT'S BEEN A SLOW CATCHUP. THE 25,000,
THE 150,000, THE 500,000 IS STILL NOT ENOUGH. IT ALSO SHOWED THAT IN THE
COVID-19 IT REVEALED THAT MANY OF THE BUSINESSES OWNED BY MINORITY
WOMEN WERE SHUT DOWN, OKAY, THERE WERE ABOUT 41 PERCENT OF
BLACK-OWNED BUSINESSES, 32 PERCENT OF LATINO-OWNED BUSINESSES, 26
PERCENT OF ASIAN-AMERICAN BUSINESSES WERE TEMPORARILY AND
PERMANENTLY SHUT DOWN. WHITE-OWNED BUSINESSES, YOU KNOW WAS NOT
AS AFFECTED, 17 PERCENT.
SO THIS THRESHOLD, AGAIN, THIS INCREASE IS JUST A SMALL
STEP. IF IT WAS UP TO ME, I WOULD INCREASE IT BY 10 MILLION AND
PROBABLY EVEN MORE AND -- AND THAT'S TO REFLECT THE NUMBER OF PEOPLE
WHO ARE PAYING TAX DOLLARS AND STILL NOT GETTING THEIR FAIR SHARE. SO THE
INCREASE IS TO, AGAIN, HELP THESE MWBES GET A FAIR SHARE OF THEIR
ECONOMIC PIE.
MR. RA: THANK YOU. AND I MEAN, I CERTAINLY
APPRECIATE THAT AND, YOU KNOW, THE REASON WE DO SOME OF THESE TYPES
OF PROVISIONS ARE OBVIOUSLY TO HELP, YOU KNOW, ENCOURAGE THESE --
THESE TYPES OF BUSINESSES TO, YOU KNOW, MAKE -- MAKE BIDS AND DO
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NYS ASSEMBLY JUNE 3, 2022
BUSINESS WITH -- WITH OUR GOVERNMENTS, WHETHER IT'S, YOU KNOW, A
PUBLIC AUTHORITY OR AGENCY OR -- OR THE CITY OF NEW YORK IN THIS
INSTANCE. BUT I, AGAIN, I THINK $1 MILLION IS -- IS A HIGH NUMBER.
NOW, YOU SAID WITH THE PREVIOUS INCREASE THERE WAS A
JUMP IN THE AVERAGE AWARD, AND THAT MAKES SENSE OBVIOUSLY, THEY --
THEY CAN, YOU KNOW, DO DIFFERENT TYPES OF CONTRACTS WITH A LARGER
AMOUNT OF MONEY. SO IS THERE ANYTHING LIKE, YOU KNOW, GENERAL IDEA
YOU HAVE OF THE TYPES OF CONTRACTS WITH FIRMS THAT THE CITY OF NEW
YORK GIVES OUT THAT RIGHT NOW BECAUSE OF THE $500,000 NUMBER, YOU
KNOW, AN MWBE WOULDN'T BE ABLE TO ACCESS, BUT THEY WILL WITH $1
MILLION?
MS. BICHOTTE HERMELYN: I THINK THE
CONSTRUCTION INDUSTRY IS A PLACE THAT'S BEEN VERY CHALLENGING AND
BURDENSOME, SPECIFICALLY BECAUSE THERE IS A HIGHER WORKING CAPITAL
THAT'S NEEDED, AND INSURANCE AND JUST A NUMBER OF HIGH LIABILITY. SO I
THINK THAT PLAYS INTO THAT. BUT THERE ARE OTHER OPPORTUNITIES THAT
MINORITY AND WOMEN BUSINESS ENTERPRISE DO WELL IN. IT'S NOT ONLY --
IT'S NOT ONLY A FOCUS ON THE CONSTRUCTION INDUSTRY, BUT THERE'S THE
PROFESSIONAL SERVICES. THERE'S THE EDUCATION SERVICES, WHICH WE'VE HAD
-- HAD A CHALLENGE. THE DOE, DEPARTMENT OF EDUCATION, HAS ONE OF
THE LARGEST PROCUREMENT BUDGET IN NEW YORK CITY, BUT HAVE FOUND THAT
THE AMOUNT OF PROCUREMENT GIVEN TO MWBES, AWARDED TO MWBES HAS
BEEN SIGNIFICANT -- SIGNIFICANTLY LOW. AND SO I THINK THAT'S ALSO AN AREA
WHERE MWBES CAN THRIVE THROUGH EDUCATION, PROFESSIONAL SERVICES
AND SO FORTH.
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NYS ASSEMBLY JUNE 3, 2022
SO THE OPPORTUNITIES FOR MINORITY WOMEN BUSINESS
ENTERPRISE TO PERFORM CUTS ACROSS ALL DIFFERENT INDUSTRIES. ITS SERVICE
INDUSTRIES, ITS PROFESSIONAL SERVICES, ITS CONSTRUCTION, ENGINEERING,
TECHNICAL, NON-TECHNICAL. AND I CAN SAY THAT THE PROGRAM HAS -- HAVE
HELPED ALREADY INCREASE IN THRESHOLD. IN FISCAL YEAR '21, ONLY HALF OF
THE 100 PRIME CONTRACTORS HAD -- WERE VALUED BETWEEN 500K AND 1
MILLION, ABOUT 37 MILLION COULD HAVE BEEN AWARDED TO MWBES. THEY
HAVE SEEN A JUMP IN TERMS OF MORE MINORITY AND WOMEN BUSINESS
ENTERPRISE GETTING ACCESS TO AWARDS. AND AGAIN, THAT'S BECAUSE THE
PROCESS IS ALREADY CONVOLUTED. IT STILL CONTINUES DISCRIMINATION. THE
DISPARITY STUDY HAVE SHOWN VERIFIABLE, QUANTIFIABLE DATA WHICH IS
CERTAINLY NEEDED TO PROVE A COMPELLING INTEREST, AND IT'S AT ITS HIGHEST
STRICT SCRUTINY UNDER THE 14TH AMENDMENT ANALYSIS. SO IT'S NEEDED.
THAT'S WHY WE HAVE THE PROGRAM. WE STILL HAVE A LOT OF BARRIERS TO
BREAK.
MR. RA: ALL RIGHT. THANK -- THANK YOU VERY MUCH.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.
MR. RA: SO QUICKLY, AGAIN, I -- I THINK $1 MILLION IS
A LARGE SUM WITHOUT A FORMAL COMPETITIVE PROCESS, REGARDLESS OF
WHETHER WE'VE DONE IT FOR OTHER ENTITIES OR NOT; I DON'T NECESSARILY
AGREE WITH DOING IT FOR ANY OTHER ENTITY EITHER. YOU KNOW, WE HAVE
COMPETITIVE BIDDING PROCESSES WHEN IT COMES TO ALL KINDS OF PUBLIC
ENTITIES FOR A REASON. IT'S SO THAT THERE IS A TRANSPARENT PROCESS AND IT'S
SO THAT THE ENTITY THAT IS SPENDING TAXPAYER DOLLARS GETS THE BEST PRICE.
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NYS ASSEMBLY JUNE 3, 2022
SO WE -- WE HAVE OBVIOUSLY TRIED IN NUMEROUS WAYS OVER THE YEARS TO
HELP DIFFERENT TYPES OF BUSINESSES, MWBES, VETERAN-OWNED
BUSINESSES, WITH DIFFERENT INITIATIVES.
SO SOMETHING LIKE A NON-COMPETITIVE BID, YOU KNOW,
THRESHOLD IS ONE SUCH EXAMPLE. MAYBE SOME TYPE OF SET ASIDE THAT
SOME PERCENTAGE OF CONTRACTS ARE GOING TO BE AWARDED TO A CERTAIN TYPE
OF ENTITY IS ANOTHER EXAMPLE. BUT $1 MILLION WITHOUT A FORMAL
COMPETITIVE PROCESS IS -- IS A LOT OF MONEY. IT MAY NOT BE RELATIVE TO
THE SIZE OF, YOU KNOW, NEW YORK CITY'S BUDGET OR THE STATE BUDGET, BUT
-- BUT IT IS A LARGE SUM OF MONEY AND -- AND FOR THAT REASON, I'M NOT
COMFORTABLE WITH DOING ANOTHER SIZEABLE JUMP IN THIS JUST A COUPLE OF
YEARS AFTER -- AFTER WE JUST INCREASED TO $500,000. THANK YOU, MR.
SPEAKER.
MS. BICHOTTE HERMELYN: MR. SPEAKER, ON THE
BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
BICHOTTE HERMELYN.
MS. BICHOTTE HERMELYN: ALL RIGHT. THANK
YOU. MR. SPEAKER, THIS BILL AMENDS SECTION 311 OF THE NEW YORK CITY
CHARTER AND THE PURPOSE IS TO INCREASE THE DISCRETIONARY MWBE
THRESHOLD FROM 500,000 TO 1 MILLION. THE CITY'S MWBE PROGRAM
CONTINUES TO BE A THRIVING PROGRAM THAT WILL CONTINUE TO HELP BREAK THE
ECONOMIC BARRIERS AMONG MINORITIES AND WOMEN BUSINESS OWNERS. IT
HAS PROVEN AGAIN AND AGAIN WITH QUALIFIED DATA THROUGH THE DISPARITY
STUDIES THAT DISCRIMINATION IN PROCUREMENT, GOVERNMENT PROCUREMENT
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CONTINUES TO AFFECT MWBES IN GETTING THEIR ECONOMIC FAIR SHARE, AND
THAT THE DISCRIMINATION WAS EXACERBATED BY THE ECONOMIC EFFECTS OF
COVID-19 PANDEMIC. AS MENTIONED THERE WAS A NATIONAL ANALYSIS
THAT REVEALED THAT AS A RESULT TO THE PANDEMIC, A LARGE MAJORITY OF THESE
MWBES WERE PERMANENTLY SHUT DOWN.
I'D LIKE TO SAY THAT SINCE THE -- SINCE MARCH OF 2018,
THE MAYORAL AGENCIES HAVE UTILIZED A DISCRETIONARY METHOD TO DIRECTLY
AWARD 3,500 CONTRACTS WORTH OVER $32 MILLION TO MWBES, AND AFTER
THE STATE LEGISLATURE RAISED THE CITY'S DISCRETIONARY CAP FROM 150K TO
500K IN 2019, THE AVERAGE SIZE OF A CONTRACT AWARDED TO MWBES ROSE
BY 20 PERCENT.
AS MENTIONED, IF I COULD RAISE THE THRESHOLD TO
TENFOLD, $10 MILLION, THAT STILL WOULD NOT BE ENOUGH BECAUSE IT'S BEEN
YEARS AND DECADES OF ECONOMIC RESOURCES STRIPPED FROM MINORITIES AND
WOMEN DUE TO AND BASED ON, WITH EVIDENCE, OF DISCRIMINATION. MY
COLLEAGUE MENTIONED THAT $1 MILLION IS -- IS TOO HIGH TO NOT PARTICIPATE
IN THE COMPETITIVE PROCESS, BUT FOR ALL THESE YEARS, MINORITY WOMEN
HAVE BEEN FACING DISCRIMINATION WHERE THEIR FRIENDS, YOU KNOW, THESE
WHITE BUSINESSES HAVE BEEN SELECTED, SOLE PLAYERS, NOT HAVING TO GO
THROUGH A COMPETITIVE PROCESS FOR -- WITH -- WITH A CONTRACT OF 20
MILLION, 30 MILLION, 40 MILLION. SO HOW COULD ONE PERSON ARGUE THAT 1
MILLION IS TOO MUCH? ONE MILLION IS NOT ENOUGH IF YOU WERE TO ASK ALL
OF US.
THE STATE AND THE CITY OF NEW YORK MINORITY AND
WOMEN MAKES UP MORE THAN 60 PERCENT. THAT MEANS THAT MORE THAN
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60 PERCENT OF THE TAX POOL THAT FUNDS ALL OF THESE WHITE, MALE OWNED
BUSINESSES ARE COMING FROM THE BACK OFF OF MINORITY AND WOMEN IN THE
STATE AND IN THE CITY OF NEW YORK.
SO I GO BACK TO SAYING THAT I THINK IT'S TIME THAT WE
RAISE IT TO 1 MILLION. I HOPE NEXT YEAR WE COULD RAISE IT TO 2 MILLION AND
SO FORTH. THIS BILL WOULD ALLOW THE CITY TO PROCURE A BROADER RANGE OF
CONTRACTS FROM MWBES AND BUILD ON THE CITY'S PREVIOUS SUCCESSES
USING THESE METHODS. I WANT TO THANK YOU, MR. SPEAKER, FOR -- AND THE
ASSEMBLY STAFF FOR GIVING US AN OPPORTUNITY TO MOVE THIS FORWARD. I
WANT TO THANK MAYOR ERIC ADAMS AND THE STAFF AND THE MAYOR OFFICE
OF MWBES. I ALSO WANT TO THANK MY COLLEAGUES IN CONTINUING IN THIS
JOURNEY FOR ECONOMIC JUSTICE. AND I ENCOURAGE ALL MY COLLEAGUES HERE
TO VOTE IN THE AFFIRMATIVE. I WILL BE VOTING IN THE AFFIRMATIVE. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9351. 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 UNFORTUNATELY
GAVE THE WRONG MESSAGE TO THE CHAIR. THIS SHOULD BE A PARTY VOTE FOR
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NYS ASSEMBLY JUNE 3, 2022
THE REASONS MENTIONED BY MY COLLEAGUE, MR. RA.
ACTING SPEAKER AUBRY: WE WILL WITHDRAW
THE ROLL CALL.
MR. GOODELL: PLEASE.
ACTING SPEAKER AUBRY: TRY IT ALL OVER AGAIN.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9351. THIS IS A PARTY VOTE. ANY MEMBER
WISHING 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: THANK YOU, SIR, FOR --
ACTING SPEAKER AUBRY: MR. --
MR. GOODELL: -- FOR ALLOWING US TO CORRECT THAT
OVERSIGHT ON MY PART. I APOLOGIZE TO MY COLLEAGUES. THE REPUBLICAN
CONFERENCE IS GENERALLY IN THE NEGATIVE AND FOR THE REASONS MENTIONED
BY MR. RA AND FOR REASONS I HOPE TO ELABORATE ON SHORTLY. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. OUR CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF THIS
PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME WHO WOULD LIKE TO BE
AN EXCEPTION. THEY'RE PERFECTLY ABLE TO CALL THE MAJORITY LEADER'S
OFFICE IF THEY'RE NOT IN THE CHAMBERS. IF THEY'RE IN THE CHAMBERS, THEY
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NYS ASSEMBLY JUNE 3, 2022
CAN MAKE THEIR SELECTION ON THEIR BUTTON. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. AS MENTIONED BY
MY COLLEAGUE, THIS BILL WOULD ALLOW BID CONTRACTS TO BE AWARDED UP TO
$1 MILLION WITH NO COMPETITIVE BIDDING AT ALL, NONE AT ALL. AND TO PUT
THAT IN PERSPECTIVE, THAT'S SEVERAL TIMES MORE THAN WE ALLOW FOR ANY
OTHER PUBLIC WORKS. SO IT'S AN OPPORTUNITY UNFORTUNATELY TO HAVE
FAVORITISM OR PRICES THAT ARE SIGNIFICANTLY HIGHER THAN YOU WOULD GET IF
IT WERE COMPETITIVELY BID. NOW, RIGHT NOW WE ALLOW THRESHOLD OF
500,000 SPECIFICALLY TO HELP MWBES. THIS WOULD RAISE IT TO $1
MILLION. I WOULD ALSO POINT OUT THAT UNFORTUNATELY, ONE OF THE MOST
DIFFICULT THINGS YOU CAN DO IN THE STATE OF NEW YORK IS TO SUCCESSFULLY
OBTAIN CERTIFICATION AS AN MWBE. AND I WILL TELL YOU THAT CERTAINLY IN
MY COUNTY, I HAVE MORE CASES INVOLVING PEOPLE SPENDING MONTHS, IF
NOT YEARS, TO BE CERTIFIED AS MWBES, INCLUDING COMPANIES THAT WERE
RUN BY THE WOMAN'S MOTHER AND SHE WAS THE VICE PRESIDENT, SHE TAKES
OVER AS PRESIDENT AND IT'S JUST AN ABSOLUTE SHAME. AND AS A RESULT,
WHEN YOU ELIMINATE COMPETITIVE BIDDING THERE AREN'T THE NUMBER OF
MWBES THAT WE WOULD HOPE TO HAVE OUT THERE BIDDING AND TRYING TO
GET THIS BUSINESS.
SO INSTEAD OF IGNORING OUR COMPETITIVE BIDDING LAWS
ON CONTRACTS UNDER $1 MILLION, WHICH IS A LOT OF MONEY IN MY -- MY
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NYS ASSEMBLY JUNE 3, 2022
DISTRICT, LET'S FOCUS ON GETTING MORE COMPANIES CERTIFIED IN A TIMELY
MANNER SO WE CAN MOVE THIS PROGRAM FORWARD EFFECTIVELY. THANK YOU,
SIR.
(PAUSE)
ACTING SPEAKER JACOBSON: MR. AUBRY TO
EXPLAIN HIS VOTE.
MR. AUBRY: WELL, I'VE TRIED SO VERY HARD TO STAY ON
THE ROSTRUM, IT JUST, BUT YOU KNOW, THE MAGNETISM OF THE FLOOR JUST
PULLED ME BACK IN. I AM SUPPORTIVE OF THIS FOR A NUMBER OF REASONS. I
WAS THE DIRECTOR OF ECONOMIC DEVELOPMENT FOR THE COUNTY OF QUEENS
FOR SOME SIX, SEVEN YEARS. AND DURING THAT PERIOD OF TIME, I WATCHED
THE PROCESS OF WHICH THE CITY OF NEW YORK SPENT MONEY AND WHO
CAME TO THE TABLE FOR THAT DOLLAR. DURING THE TIMES THAT THE MAYOR OF
THE CITY OF NEW YORK WAS OF THE MAJORITY, WE NEVER SAW MINORITIES
COMING TO THE TABLE FOR MAJOR CONTRACTS. WHEN THE MAYOR BECAME
DAVID DINKINS, ALL OF A SUDDEN COMPANIES SHOWED UP WITH ANY NUMBER
OF PEOPLE OF COLOR ON THEIR STAFF. SAME COMPANIES, BUT WE ONLY FOUND
THEM WHEN THAT -- WHEN THE MAYOR CHANGED THE COLOR OF THE CITY.
THE DISENFRANCHISEMENT OF WOMEN AND MINORITIES IN
THE CITY OF NEW YORK AND THE COUNTRY HAS -- WE DON'T NEED TO DISCUSS
THAT BECAUSE WE'VE TALKED ABOUT THAT, AND YOU UNDERSTAND THE HISTORY OF
THAT SO I'M NOT GOING TO GO BACK THERE. THE FACT THAT WE NEED TO
CORRECT THAT AND USE THE TOOLS OF PUBLIC DOLLARS TO DO THAT I THINK IS
UNREFUTABLE. THE IDEA THAT WE MIGHT THINK THAT UNWORTHY PEOPLE WILL
GET TOO MUCH MONEY. SO $1 MILLION CONTRACT, HOW MUCH DO YOU THINK
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NYS ASSEMBLY JUNE 3, 2022
YOU MAKE OFF OF $1 MILLION CONTRACT? TEN PERCENT MAYBE IF YOU'RE
DOING A BID RIGHT, RIGHT? MAYBE TEN PERCENT, WHICH MEANS THAT MAYBE
YOU MAKE $100,000 ON A JOB. I DON'T THINK THEY'RE GOING TO RUN AWAY
AND BUY PARIS WITH THAT KIND OF MONEY, BUT I DO THINK THAT YOU NEED TO
BE ABLE TO CREATE AND CAUSE INDIVIDUALS, WOMEN AND MINORITIES, TO
KNOW THAT THEY CAN HAVE AN OPPORTUNITY TO COMPETE IN THE WORLD OF
BUSINESS. YOU CANNOT LOCK THEM OUT IN A COUNTRY THAT IS CHANGING ITS
CHARACTERISTICS OVER THE PERIOD OF TIME THAT WE'VE SEEN. THEY NEED TO
BE A PART OF BUSINESS. MUCH OF THE SOCIAL DISCUSSIONS THAT WE HAVE
ABOUT POVERTY AND WHAT WE GIVE AWAY TO PEOPLE BECAUSE THEY CAN'T DO
IS TIED TO THE FACT THEY DON'T GET AN OPPORTUNITY TO PARTICIPATE IN THE
BUSINESS OF BUSINESS. IN AMERICA, THAT'S WHAT WE DO. IN ORDER TO RAISE
OUR FAMILIES, TO BUILD OUR COMMUNITIES, TO RESTORE THE LOSSES THAT
PEOPLE HAVE TAKEN IN THEIR LIVES, BUSINESS IS HOW THAT GETS HAPPENED. I
BELIEVE THAT.
I'M NOT UNABASHEDLY A PERSON WHO BELIEVES IN
CAPITALISM, HOW ABOUT THAT? BECAUSE WHEN IT'S APPLIED FAIRLY, IT LIFTS
ALL VOTES. BUT IF WE DECIDE THAT WE DON'T WANT THOSE WHO'VE BEEN HELD
BACK TO CATCH UP TO US, THEN WE'RE NOT RIGHT BECAUSE THEN YOU'RE SAYING,
I JUST WANT IT TO STAY THE WAY IT IS AND DON'T LET THEM BECOME
COMPETITIVE TO US. I DON'T BELIEVE THIS BODY SHOULD BELIEVE THAT, I DON'T
BELIEVE THIS BODY SHOULD THINK THAT WE CAN ALLOW THAT TO CONTINUE IN
THE UNITED STATES OF AMERICA, IN THE GREAT STATE OF NEW YORK,
ANYWHERE IN THE WORLD. THAT'S NOT WHO WE ARE. FREE OPPORTUNITY, BUT
RECOGNIZING THAT I CAN'T RUN THE RACE WITH YOU IF I'VE GOT A SHACKLE ON
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NYS ASSEMBLY JUNE 3, 2022
MY LEG. IF YOU'VE BEEN RUNNING FREE FOR 300 YEARS AND I AM FOR 200
YEARS HAD A BALL AND CHAIN ON MINE, I'M NOT GOING TO CATCH YOU. AND
THIS IS ABOUT ALLOWING THOSE WHO HAVE BEEN SHACKLED, WOMEN, RIGHT?
NOT A PART OF THE CONSTITUTION AND NOT IN ORDER TO VOTE, SLAVES NOT A
PART OF THAT, BROWN PEOPLE, NOT A PART OF THAT. IF YOU WANT THIS TO
HAPPEN, IF YOU WANT EQUITY TO HAPPEN, THEN THIS IS WHERE IT HAPPENS.
THOSE OF YOU WHO BELIEVE IN CAPITALISM SHOULD RECOGNIZE THAT.
SHOULD SAY, YEAH, MAN, THIS IS HOW WE DO IT. I DON'T WANT TO GIVE AWAY
MONEY TO SOMEBODY. I WANT THEM TO COME AND EARN IT. I WANT TO -- TO
GIVE THEM THEIR GOD-GIVEN RIGHT TO WORK AND DEVELOP AND BUILD THEIR
OWN COMMUNITIES. A MILLION DOLLARS TODAY, ONE STREET, HALF A STREET IN
THE CITY OF NEW YORK IF YOU TRIED TO REPAVE IT, IT'S $1 MILLION. IT'S $1
MILLION, NEVER MIND THE MTA. YOU CAN'T EVEN BUILD A STAIRCASE ON THE
MTA TRAINS FOR $1 MILLION. I THINK WE OUGHT TO THINK ABOUT MAYBE
WHAT YOU THINK IT SOUNDS LIKE AND THEN WHAT THE REALITY IS. I VOTE IN THE
AFFIRMATIVE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR, AND THANK YOU FOR
YOUR COMMENTS. PLEASE RECORD MY COLLEAGUE MR. REILLY IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. REILLY IN THE
AFFIRMATIVE, SO NOTED.
MR. GOODELL: AND YOU'RE ALWAYS WELCOME TO JOIN
US. YOU ARE ALWAYS TO JOIN US DOWN BELOW HERE ON THE FLOOR.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: IT BECOMES MORE AND
MORE ATTRACTIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
TH BILL IS PASSED.
PAGE 17, RULES REPORT NO. 600, THE CLERK WILL READ.
THE CLERK: SENATE NO. S06373-B, RULES REPORT
NO. 600, SENATOR SAVINO (REYES, ABBATE, DINOWITZ, EPSTEIN,
DESTEFANO, JEAN PIERRE, CRUZ, SIMON, DE LA ROSA, GOTTFRIED, COLTON,
DARLING--ASSEMBLY NO. A02020-A). AN ACT TO AMEND THE WORKERS'
COMPENSATION LAW, IN RELATION TO CLAIMS FOR MENTAL INJURY PREMISED
UPON EXTRAORDINARY WORK-RELATED STRESS.
ACTING SPEAKER AUBRY: ON A -- READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6373-B. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THIS WILL BE A
PARTY VOTE. THE REPUBLICAN PARTY WILL GENERALLY BE IN THE NEGATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
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NYS ASSEMBLY JUNE 3, 2022
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN SUPPORT
OF THIS LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD CHOOSE NOT
TO. THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE
AND/OR PRESS THEIR OWN BUTTON. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR, TO EXPLAIN MY VOTE.
SINCE 2017, WE HAVE HAD THE CURRENT LAW WHICH PROVIDES THAT POLICE
OFFICERS, FIREFIGHTERS, CERTAIN EMTS AND OTHERS THAT DEAL IN A VERY HIGH
STRESS ENVIRONMENT COULD COLLECT WORKERS' COMP BENEFITS WITHOUT
HAVING TO SHOW THAT THE STRESS WAS GREATER THAN WHAT THEY WOULD
NORMALLY EXPECT FOR THAT TYPE OF JOB. FOR OTHER INDIVIDUALS, YOU CAN
ONLY COLLECT WORKERS' COMP BASED ON THE STRESS CLAIM IF THE STRESS WAS
GREATER THAN WHAT WAS NORMAL FOR THE JOB. SO IF YOU HAD EXTRAORDINARY
STRESS AND EXTRAORDINARY STRESS THAT WAS MORE THAN WHAT WAS NORMAL,
THEN YOU COULD COLLECT, BUT IF YOU WERE IN A HIGH STRESS JOB AND YOU
SUFFERED FROM STRESS THAT WAS CONSIDERED PART OF WHAT YOU SIGNED UP
FOR, IF YOU WILL.
WHAT THIS DOES IS ELIMINATE ANY REFERENCE TO POLICE
OFFICERS, FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, PARAMEDICS OR
OTHER INDIVIDUALS AND OUR FIRST RESPONDERS, AND IT EXTENDS THE PROVISION
FOR WORKERS' COMP BASED ON STRESS WITHOUT ANY FINDING THAT THE STRESS
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WAS UNUSUAL FOR THAT JOB. AND SO IT'S A VERY SUBSTANTIAL INCREASE, OR A
POTENTIALLY SUBSTANTIALLY INCREASE IN WORKERS' COMPENSATION AT A TIME
WHEN OUR WORKERS' COMPENSATION COSTS IN THE STATE OF NEW YORK ARE
AMONGST THE HIGHEST IN THE NATION AND OUR EMPLOYERS ARE STRUGGLING TO
KEEP EMPLOYEES EMPLOYED AND STAYING IN BUSINESS. FOR THAT REASON,
WE THINK THIS IS THE WRONG TIME TO ADD A NEW MANDATED COVERAGE AND
EXPENSE ON OUR EMPLOYERS. THANK YOU, SIR.
AND, SIR, I HOPE YOU'RE NOT IN A HIGH STRESS POSITION UP
THERE.
ACTING SPEAKER AUBRY: I'M WELL BEYOND THAT.
I'M SORRY. MR. LAWLER, ARE YOU EXPLAINING YOUR VOTE,
IS THAT WHAT --
MR. LAWLER: YES.
ACTING SPEAKER AUBRY: I'M SO HAPPY TO HEAR
YOU COME ON.
MR. LAWLER: I'M NOT GOING TO BE ABLE TO DO IT
MUCH LONGER, SO SAVOR IT WHILE YOU CAN. THE BILL TITLE SAYS IT RELATES TO
CLAIM FOR MENTAL INJURY PREMISED UPON EXTRAORDINARY WORK RELATED
STRESS INCURRED AT WORK. I THINK AFTER THE LAST THREE DAYS, ALL OF US CAN
FILE A CLAIM IF THIS BILL PASSES.
I WILL, HOWEVER, BE VOTING NO.
ACTING SPEAKER AUBRY: MR. LAWLER IN THE
NEGATIVE.
MS. REYES ON ZOOM TO EXPLAIN HER VOTE.
MS. REYES: THANK YOU, MR. SPEAKER. I HAVE TO, FOR
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NYS ASSEMBLY JUNE 3, 2022
A MOMENT, AGREE WITH MR. LAWLER, BUT THIS BILL (AUDIO INTERRUPTION)
ORDINARY CIRCUMSTANCES FOR WORKERS TO FILE WORK RELATED STRESS, AND NOT
YOUR TYPICAL WORK RELATED STRESS BECAUSE ALL WORK HAS SOME STRESS
(AUDIO INTERRUPTION) BUT THIS REALLY (AUDIO INTERRUPTION) OTHER TYPES OF
PHYSICAL INJURIES AND I HIGHLIGHT SOME EXAMPLES OF THAT. FOR EXAMPLE,
IF YOU HAVE A WORKER CAN -- THAT HAS AN INJURY RELATED TO OPERATING A
(AUDIO INTERRUPTION) AND THEN HAS ANXIETY AND EVERY TIME THEY GO THAT
WILL IMPACT THEIR WORK PERFORMANCE. WE HAVE WORKERS WHO GO INTO
WORKPLACES, AND WE HAVE SEEN THIS IN OUR COUNTRY MORE RECENTLY WITH
ALL THESE MASS SHOOTINGS, I'M SURE THAT THE CASHIERS IN BUFFALO WERE NOT
EXPECTING TO WITNESS AND EXPERIENCE A MASS SHOOTING WHEN THEY WENT
INTO WORK AT A SUPERMARKET. I'M SURE THAT THE HOSPITAL WORKERS IN TULSA
WERE NOT EXPECTING TO EXPERIENCE THE TRAUMA WHEN A GUNMAN OPENED
FIRE ON A DOCTOR, AND I'M SURE THAT -- I'M SURE THAT THE SCHOOL TEACHERS
(AUDIO INTERRUPTION) WERE NOT EXPECTING TO EXPERIENCE THAT KIND OF
TRAUMA AT WORK WITH THE -- WITH THE UNFORTUNATE SHOOTING IN A SCHOOL.
SO FOR THOSE REASONS, I THINK THAT IT IS IMPORTANT TO EXPAND THIS
DEFINITION TO OTHER WORKERS AND I WILL BE GLADLY VOTING IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. REYES IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I JUST WANT TO TAKE THIS OPPORTUNITY TO CONGRATULATE THE
SPONSOR OF THIS LEGISLATION BECAUSE SOMETIMES WE DON'T REALIZE HOW
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NYS ASSEMBLY JUNE 3, 2022
STRESSED PEOPLE CAN BE ON THEIR JOB. AND CLEARLY FOR THE LAST COUPLE
DAYS HAVE BEEN A BIT OF STRESS AROUND HERE, BUT I CAN ASSURE YOU THAT IT
IS NOTHING, NOTHING LIKE THE STRESS THAT 50 OR SO ASSOCIATES FROM TOPS
MARKET WENT THROUGH TWO WEEKS AGO, THOSE THAT SURVIVED, AND THESE
ARE PART-TIME WORKERS. SOME OF THEM WORK OTHER JOBS IN ORDER TO
MAKE THEIR INCOMES MEET. THEY DON'T HAVE ACCESS TO THE KIND OF
INSURANCE THAT WE HAVE THAT WILL GET THEM THE KIND OF MENTAL HEALTH
SERVICES THAT THEY NEED. SO I'M HOPEFUL THAT THE LEGISLATION THAT'S
OFFERED BY THE SPONSOR COULD BE A POSSIBLE REPRIEVE FOR SOME OF THEM
WHO ARE STILL LOOKING FOR OPPORTUNITIES TO GET COUNSELING SO THEY CAN
GET BACK TO A NORMAL LIFE.
NOW, I'M NOT SAYING THAT TOPS IS NOT PROVIDING
COUNSELING FOR THEM, THEY ARE, BUT THEY'RE PROVIDING IT ON A GROUP BASIS
AND SOMETIMES THIS KIND OF TRAUMATIC COUNSELING NEEDS AN INDIVIDUAL
ONE-ON-ONE ON A MUCH LONGER BASIS THAN THEIR MEAGER INSURANCE WILL
ALLOW THEM TO HAVE. AND SO WE NEVER KNOW WHAT KIND OF STRESS MIGHT
BE BROUGHT TO US ON OUR JOB, WHETHER IT'S SOMETHING WE DO DAY-TO-DAY
OR SOMETHING THAT MY CONSTITUENTS HAD TO SUFFER A FEW WEEKS AGO. SO I
WANT TO HONOR THE SPONSOR, AGAIN, FOR THIS LEGISLATION AND VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 3, 2022
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER AND
COLLEAGUES, JUST A LITTLE BIT MORE WORK, STRESS, HOWEVER YOU WANT TO CALL
IT, BUT WE'RE GOING TO GO TO RULES REPORT NO. 598 FROM MR. BRONSON;
RULES REPORT NO. 526 BY MR. MCDONALD; CALENDAR NO. 219, MR.
EICHENSTEIN; RULES REPORT NO. 491, MR. GOTTFRIED; RULES REPORT NO. 4
-- 643, MS. GLICK; RULES REPORT NO. 653, MS. JOYNER; RULES REPORT
NO. 661, MS. REYES; AND CALENDAR NO. 181, MR. SCHMITT.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
PAGE 17, RULES REPORT NO. 598, THE CLERK WILL READ.
THE CLERK: SENATE NO. S00768, RULES REPORT NO.
598, SENATOR GOUNARDES (BRONSON, REYES--A01118). AN ACT TO AMEND
THE WORKERS' COMPENSATION LAW, IN RELATION TO DEFINING TEMPORARY
TOTAL DISABILITY.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MR. BRONSON, WILL
YOU YIELD, SIR?
MR. BRONSON: YES, I WILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MR. BRONSON. THIS
BILL, AS YOU KNOW, CHANGES THE DEFINITION FOR A TEMPORARY TOTAL
DISABILITY. WHAT IS THE CURRENT DEFINITION?
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NYS ASSEMBLY JUNE 3, 2022
MR. BRONSON: I'M SORRY, I CAN'T HEAR YOU, MR.
GOODELL. COULD YOU SPEAK UP, PLEASE?
MR. GOODELL: THIS BILL CHANGES THE DEFINITION FOR
TEMPORARY TOTAL DISABILITY FOR THE WORKERS' COMPENSATION LAW. WHAT
IS THE CURRENT DEFINITION?
MR. BRONSON: WELL, THE CURRENT -- THERE'S NOT A
CURRENT STATUTORY DEFINITION. CURRENTLY WHAT HAPPENS IS THAT A PERSON
WHO IS DETERMINED TO BE DISABLED, THEY HAVE TO PROVE THAT THEY CANNOT
PERFORM NOT ONLY THE PRE-INJURY JOB, BUT ANY JOB IN ORDER TO CONTINUE TO
HAVE THE TEMPORARY TOTAL DISABILITY.
MR. GOODELL: AND THIS CHANGES IT BY SAYING THAT
A DETERMINATION OF TEMPORARY TOTAL DISABILITY WOULD APPLY IF THEY CAN'T
PERFORM THEIR CURRENT JOB OR A MODIFIED JOB WITH THE SAME EMPLOYER; IS
THAT CORRECT?
MR. BRONSON: YES. PRE-INJURY EMPLOYMENT
DUTIES OR ANY MODIFIED EMPLOYMENT OFFERED BY THE EMPLOYER
CONSISTENT WITH THE EMPLOYEE'S DISABILITY.
MR. GOODELL: THANK YOU FOR THAT CLARIFICATION.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: AS MY COLLEAGUE MENTIONED, UNDER
CURRENT DISABILITY LAW, YOU ARE CLASSIFIED AS TEMPORARY -- HAVING
TEMPORARY TOTAL DISABILITY IF AN INJURY PREVENTS YOU FROM WORKING AT
ALL, AND THAT WOULD BE FOR OTHER EMPLOYERS AS WELL. SO SOMETIMES
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NYS ASSEMBLY JUNE 3, 2022
WHAT HAPPENS IS A PERSON IS INJURED ON THE JOB AND THEY MAY HAVE A
RECOVERY PERIOD WHERE THEY ARE CAPABLE OF DOING LIGHT DUTY, IF YOU WILL,
BUT CAN'T DO THEIR ORIGINAL JOB. AND SO IF YOU'RE A LARGER EMPLOYER, AND
MOST OF OUR LARGER EMPLOYERS DO THIS, THEY DO THEIR BEST TO ARRANGE FOR
LIGHT DUTY WHILE YOU RECOVER. THE PROBLEM IS IF YOU'RE A SMALL
EMPLOYER, THERE'S OFTEN NO OPPORTUNITY FOR LIGHT DUTY. IF YOU ONLY HAVE
A FEW EMPLOYEES OR THE NATURE OF YOUR BUSINESS IS THAT ALL YOUR
EMPLOYMENT IS PRETTY MUCH THE SAME TYPE OF WORK, THERE'S JUST NO
OPPORTUNITY FOR LIGHT DUTY WITH THE SAME EMPLOYER, EVEN THOUGH THAT
EMPLOYEE COULD VERY WELL DO LIGHT DUTY WORK ELSEWHERE.
SO BY TYING TEMPORARY TOTAL DISABILITY TO THE ABILITY OF
THE SAME EMPLOYER TO PROVIDE LIGHT DUTY, WE REALLY DISCRIMINATE
AGAINST SMALL EMPLOYERS WHO HAVE NO ABILITY OR NO FLEXIBILITY TO
PROVIDE THAT LIGHT DUTY EMPLOYMENT WITHIN THE SAME -- SAME COMPANY.
AND THAT IS WHY ORGANIZATIONS THAT REPRESENT SMALL BUSINESSES, LIKE THE
NFIB OR THE BUSINESS COUNCIL, POINT OUT THAT THIS WOULD DRAMATICALLY
INCREASE THE COST TO SMALL BUSINESSES THAT CAN'T COMPLY WITH THIS
NARROWER DEFINITION AT A TIME WHEN THOSE EMPLOYEES COULD GET PARTIAL
DISABILITY IF THEY TOOK A PART-TIME JOB WITH A COMPANY THAT COULD OFFER
THEM LIGHT DUTY.
AND FOR THAT REASON, I AND MANY OF MY COLLEAGUES WILL
BE OPPOSED TO THIS BECAUSE WE WANT TO SEE AS MANY SMALL BUSINESSES
AS POSSIBLE RECOVER, AND WE ENCOURAGE ALL EMPLOYEES TO TAKE LIGHT
DUTY, BECAUSE THE DATA SHOWS THAT THOSE WHO GO INTO LIGHT DUTY NOT
ONLY DO BETTER FINANCIALLY, BUT RECOVER FASTER AND REENTER THE WAGE
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BOARDS FASTER. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 768. 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 THE REASONS I
MENTIONED, MOST OF THE REPUBLICAN CONFERENCE WILL BE VOTING AGAINST
THIS LEGISLATION, BUT CERTAINLY THOSE WHO WANT TO VOTE IN FAVOR CAN DO SO
HERE ON THE FLOOR. 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
LEGISLATION THAT SUPPORTS THOSE WITH DISABILITIES; HOWEVER, SHOULD A
COLLEAGUE BE -- DESIRES TO BE AN EXCEPTION, THEY SHOULD FEEL FREE TO
CONTACT THE MAJORITY LEADER'S OFFICE. WE'LL MAKE SURE THEIR VOTE IS
PROPERLY RECORDED. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY JUNE 3, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 13, RULES REPORT NO. 526, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05337-A, RULES
REPORT NO. 526, MCDONALD, JONES, SANTABARBARA, LUPARDO, MORINELLO,
J. M. GIGLIO, ASHBY, DARLING, FAHY, JACOBSON. AN ACT TO AMEND THE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO AUTHORIZING
SPECIAL PROCEEDINGS TO CONVEY TITLE TO ABANDONED COMMERCIAL AND
INDUSTRIAL REAL PROPERTY TO A CITY, TOWN, OR VILLAGE; AND PROVIDING FOR
THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MCDONALD, 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, MR.
GOODELL.
MR. GOODELL: THIS IS AN INTERESTING BILL BECAUSE
IT AUTHORIZES MUNICIPALITIES TO OBTAIN TITLE TO VACANT COMMERCIAL OR
INDUSTRIAL REAL PROPERTY WITH NO APPARENT OBLIGATION TO PAY FOR IT, WHICH
UNLESS IT'S COVERED BY SOME OTHER PROVISION OF LAW WOULD BE AN
OBVIOUS VIOLATION OF DUE PROCESS AND IT'S CONSIDERED CONFISCATORY. BUT
EVEN IF THEY WERE OBLIGATED TO PAY FOR IT, THE PROCESS IS REMARKABLY
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NYS ASSEMBLY JUNE 3, 2022
ABSENT OF DUE PROCESS.
FIRST OF ALL, WHAT IT WOULD DO IS SAY THAT A MUNICIPALITY
COULD START AN ACTION TO -- TO ACQUIRE THIS TITLE AND IT SAYS, OF VACANT
COMMERCIAL OR INDUSTRIAL REAL ESTATE, UPON A FINDING THAT, FOR EXAMPLE,
THE TAX ON THE PROPERTY WAS ONE YEAR IN ARREARS. WELL, IF YOU'RE A
COMMERCIAL LANDLORD AND YOU'VE JUST COME OUT OF COVID,
UNFORTUNATELY THAT'S PRETTY COMMON OR, FOR EXAMPLE, THAT THE PROPERTY
MIGHT HAVE ZONING VIOLA -- CODE VIOLATIONS. AND AGAIN, IF YOU'VE GONE
THROUGH TWO YEARS WITHOUT INCOME FROM TENANTS, THEN YOU MIGHT HAVE
SOME CODE VIOLATIONS THAT YOU HOPE TO CORRECT AS QUICKLY AS POSSIBLE.
OR PERHAPS IT WOULD BE TRIGGERED BY THE FACT THAT THE PLACE SITS VACANT
FOR THREE MONTHS. WELL, THE CHALLENGE YOU HAVE IF YOU HAVE
COMMERCIAL PROPERTY, PARTICULARLY IF IT'S LARGER, IS THERE'S NOT A LINE OF
TENANTS WAITING TO RENT COMMERCIAL PROPERTY, YOU OFTEN HAVE TO MARKET
IT.
NOW, IF THE MUNICIPALITY FINDS THAT IT'S ABANDONED,
THEY CAN START THIS PROCEEDING WITHOUT ACTUALLY GIVING YOU NOTICE. YOU
MIGHT SAY HOW CAN THAT BE? WELL, THIS SAYS THAT THEY CAN POST THE
NOTICE ON THE DOOR AND SEND IT TO YOU AT YOUR LAST KNOWN ADDRESS BY
REGULAR OR CERTIFIED MAIL. WELL, THOSE OF US WHO ARE LAWYERS KNOW THAT
SUBSTITUTE SERVICE, NAIL AND MAIL, IS ONLY ALLOWED AFTER YOU HAVE
DILIGENTLY PURSUED ALL OTHER METHODS. BECAUSE, YOU KNOW, IF IT'S A
COMMERCIAL PROPERTY, IT'S NOT LIKE THE LANDLORD IS LIVING THERE AND HE
MIGHT NOT EVER SEE THE NOTICE. AND THEN FOLLOWING AN EXPEDITED
PROCEDURE, THE MUNICIPALITY IS ENTITLED TO RECORD A DEED. NO
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OBLIGATION, BY THE WAY, FOR ANY APPRAISAL OR ANY PAYMENT WHATSOEVER.
AND WHEN THEY ACQUIRE THE DEED, THIS STATUTORY PROVISION SAYS THEY
ACQUIRE AN ESTATE IN FEE SIMPLE ABSOLUTE, AND ALL PERSONS INCLUDING, BY
THE WAY, THE STATE OF NEW YORK, INFANTS, INCOMPETENTS, ABSENTEES,
NON-RESIDENTS WHO MAY HAVE HAD A RIGHT TITLE OR INTEREST IN THE
PROPERTY, THOSE WHO HAVE LIENS ON THE PROPERTY OR HAVE AN EQUITY OF
REDEMPTION ARE BARRED AND FOREVER FORECLOSED OF ANY RIGHT, TITLE,
INTEREST, CLAIM, LIEN, OR EQUITY OF REDEMPTION.
THAT, MY FRIENDS, IS JUST AN ABSOLUTELY ASTOUNDING
CONCLUSION. IMAGINE, THE OWNER PASSES AWAY. HE HAS SOME
BENEFICIARIES THAT ARE INFANTS. AND SO THERE'S A SURROGATE COURT
PROCEEDING TO APPOINT AN ADMINISTRATOR AND AN ATTORNEY FOR THE
CHILDREN. AND AFTER JUST THREE MONTHS THEY COULD LOSE THEIR ENTIRE
INHERITANCE WITHOUT ACTUALLY HAVING ANY NOTICE. OR IMAGINE THAT THE
COMMERCIAL OWNER BEGAN THE PROCESS OF FIXING THE CODE VIOLATIONS,
EXACTLY WHAT WE HOPE HE WOULD DO, AND HE HIRES SOME CONTRACTORS.
AND UNTIL THEY'RE PAID, THEY PUT ON A MECHANICS LIEN TO MAKE SURE
THEY'RE PAID. UNDER THIS LAW, THEIR MECHANICS LIEN IS WIPED CLEAN. OR
MAYBE THE MUNICIPALITY, REMEMBER, THE ONE THAT'S OWED AT LEAST ONE
YEAR OF TAXES, THAT COULD BE YOUR SCHOOL DISTRICT OR FIRE DISTRICT OR
LIBRARY DISTRICT. THEIR TAX LIEN IS WIPED CLEAN.
SO IN ADDITION TO REALLY OBVIOUS, I THINK, TO MOST OF
US, DUE PROCESS ISSUES, COMPENSATION ISSUES, LACK OF JURISDICTION,
IMPOSITION ON THE SURROGATE COURT'S AUTHORITY OVER INFANTS, NOT
PROTECTING MECHANIC LIENHOLDERS WHO ARE WORKING ON THE PROPERTY, AND
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NYS ASSEMBLY JUNE 3, 2022
AN EXTRAORDINARILY SHORT TIME FRAME, JUST THREE MONTHS TO START THIS
PROCESS THAT CAN RESULT IN THE ENTIRE LOSS OF A COMMERCIAL BUILDING.
SO MY FRIENDS, IF A MUNICIPALITY UNDER CURRENT LAW
WANTS TO ACQUIRE AN ABANDONED BUILDING SO THAT THEY CAN REDEVELOP IT,
THEY HAVE MANY EXISTING TOOLS, INCLUDING EMINENT DOMAIN, AND WHEN
THEY UTILIZE EMINENT DOMAIN, THERE'S A PROCESS. THEY REQUIRE AN
APPRAISAL, THEY MUST ACTUALLY NOTIFY THE OWNER, THE OWNER CAN ACCEPT
THE APPRAISED VALUE OR CONTEST IT. THE DUE PROCESS PROVISIONS ARE ALL
LAID OUT THERE UNDER CURRENT LAW. ANY MUNICIPALITY THAT WANTS TO
ACQUIRE ABANDONED PROPERTY CAN DO SO UPON PAYING THE FAIR MARKET
VALUE. WE CAN'T SIMPLY ELIMINATE ALL DUE PROCESS RIGHTS, ALL RIGHTS FOR
AN APPRAISAL, ALL THE PROVISIONS DEALING WITH EMINENT DOMAIN SIMPLY
BECAUSE THE PROPERTY HAS BEEN EMPTY FOR THREE MONTHS WHILE THE
OWNER, WHO IS BEHIND ON HIS TAXES, IS SEEKING TO RE-RENT IT. AND FOR
THAT REASON, I CAN'T SUPPORT IT AND I WOULD RECOMMEND MY COLLEAGUES
ALSO VOTE AGAINST IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO I THINK THAT MANY OF US ARE VERY
FAMILIAR WITH THE TERM ZOMBIE PROPERTY AND WE KNOW THE WORK THAT HAS
BEEN DONE THROUGH THE LEGISLATURE TO ADDRESS RESIDENTIAL ZOMBIE
PROPERTIES. AND I THINK THAT WE ALSO KNOW, ESPECIALLY THOSE OF US WHO
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NYS ASSEMBLY JUNE 3, 2022
-- WELL, I DON'T, BUT THOSE OF US WHO REPRESENT CITIES, OLD CITIES LIKE
ALBANY WHERE WE ARE NOW, ARE VERY FAMILIAR WITH EXAMPLES OF OLD,
BLIGHTED EYESORE PROPERTIES. WE DRIVE PAST SOME OF THEM ON OUR WAY
TO -- TO THIS VERY CHAMBER.
SO I ABSOLUTELY UNDERSTAND THE -- THE DESIRE TO CREATE A
MECHANISM THAT MAYBE IS A LITTLE BIT MORE STREAMLINED OR MAYBE A LITTLE
BIT EASIER THAN THE EMINENT DOMAIN PROCEDURE THAT THE PREVIOUS
SPEAKER ALLUDED TO, BUT I THINK THAT MY ISSUE WITH THE BILL, WHICH I'VE
EXPRESSED TO THE SPONSOR, IS THAT WHEN YOU -- WHEN YOU LIFT LANGUAGE
FROM THE RESIDENTIAL ZOMBIE PROPERTY STATUTE AND YOU IMPORT THAT INTO A
STATUTE THAT'S GOING TO DEAL WITH COMMERCIAL AND INDUSTRIAL PROPERTY, IT
DOESN'T ALWAYS MAKE SENSE. IT DOESN'T ALWAYS JIVE. AND I THINK THAT'S
THE PROBLEM THAT I HAVE WITH THIS BILL.
I THINK THAT THE OVERALL DESIRE OR OBJECTIVE IS A GOOD
ONE, I JUST DON'T THINK THAT THE LANGUAGE WORKS. AND I THINK MY
RECOMMENDATION WOULD BE THAT RATHER THAN FORCE IT THIS YEAR, I THINK
THAT IT WOULD BE BETTER TO TAKE A CLOSER LOOK AT THE LANGUAGE AND
DEVELOP A BILL THAT WOULD MAKE SENSE FOR COMMERCIAL AND INDUSTRIAL
PROPERTIES RATHER THAN JUST, AS I SAID, LIFTING AND APPLYING RESIDENTIAL
LANGUAGE TO A VERY DIFFERENT SITUATION. I THINK WE WOULD ELIMINATE
SOME PROBLEMS FROM THE BEGINNING RATHER THAN HAVE TO MAYBE FIX THEM
LATER.
SO I WON'T BE ABLE TO SUPPORT THIS BILL, ALTHOUGH I
SUPPORT THE CONCEPT, BUT I WON'T BE ABLE TO SUPPORT IT IN ITS CURRENT
FORM. AND I WOULD URGE MY COLLEAGUES TO THINK ABOUT THAT AND TO ALSO
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NYS ASSEMBLY JUNE 3, 2022
VOTE IN THE NEGATIVE AT THIS TIME. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
MR. MCDONALD.
MR. MCDONALD: THANK YOU, MR. SPEAKER, AND I
WANT TO THANK MY COLLEAGUES FOR THEIR COMMENTS. I'D LIKE TO ADD A LITTLE
BIT OF COMMENTARY TO IT. THE LEGISLATION AMENDS THE REAL PROPERTY AND
PROCEEDINGS LAW BY ADDING A NEW ARTICLE, ARTICLE 19-B, AS IN BOY.
CURRENTLY, AND ACTUALLY FOR THE LAST 40 YEARS, WE'VE HAD ARTICLE 19-A
WHICH, AS MY COLLEAGUE REFERENCED, ESTABLISHES A PROCEDURE TO CONVEY
TITLE, ABANDONED PROPERTIES TO CITIES, TOWNS OR VILLAGES FOR RESIDENTIAL
PROPERTIES. THIS HAS CURRENTLY BEEN THE LAW OF THE LAND OF THE STATE OF
NEW YORK FOR OVER 40 YEARS FOR RESIDENTIAL PROPERTIES, ABSENT ONE OR
TWO FAMILY OWNER-OCCUPIED PROPERTIES.
ALL WE ARE DOING IN THIS LEGISLATION AND, TO BE CLEAR,
WE ACTUALLY TRIED TO JUST INSERT COMMERCIAL RESIDENTIAL IN THE ARTICLE
19-A, BUT IT GOT A LITTLE BIT CLUMSY, SO WE CREATED ARTICLE 19-B. AND,
AS MY COLLEAGUE POINTED OUT, WE BASICALLY MODELED IT, LIFTED, COPIED,
PASTED, WHATEVER IT MAY BE, BUT BASICALLY FOLLOWED THE SAME PATH.
BECAUSE, AT THE END OF THE DAY, BLIGHT IS BLIGHT WHETHER IT'S RESIDENTIAL,
COMMERCIAL, INDUSTRIAL, IT'S BLIGHT. PEOPLE SAY, WELL, WHAT DOES THIS
LOOK LIKE? ALL OF YOU COME TO ALBANY FROM THE SOUTH, THE WEST, THE
NORTH, YOU DRIVE BY THIS SEVERAL HUNDRED THOUSAND SQUARE-FOOT EMPTY
BUILDING CALLED THE CENTRAL WAREHOUSE BUILDING WHICH YOU CAN'T SEE
RIGHT NOW, BUT AT THE RATE WE'RE GOING, YOU'LL BE ABLE TO SEE IT WHEN
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NYS ASSEMBLY JUNE 3, 2022
YOU'RE LEAVING TOMORROW MORNING, IS THIS BIG CLUNKER OF A BUILDING THAT
HAS BEEN VACANT FOR OVER 50 YEARS. IT IS UGLY, IT IS UNAPPEALING, IT IS
BLIGHTFUL, AND IT HAS BEEN A CHALLENGE BECAUSE THAT TOOL THAT ONE OF MY
COLLEAGUES MENTIONED, AND THERE ARE MANY TOOLS, THAT TOOL HASN'T BEEN
THERE FOR COMMERCIAL AND INDUSTRIAL PROPERTIES, WHICH THAT FITS.
THIS IS WHAT THIS BILL IS DOING, QUITE SIMPLY, THAT'S
WHAT IT'S DOING. IT HAS A VERY ELABORATE, EXTENSIVE, LONG-SOUGHT OUT
PROCESS. THIS IS LEGISLATION BROUGHT TO ME BY THE NEW YORK STATE
CONFERENCE OF MAYORS WHICH, AS YOU KNOW, REPRESENTS ALL THE VILLAGES
AND CITIES THROUGHOUT THE STATE OF NEW YORK. AND IT WAS BROUGHT TO
ME WITH THE REALIZATION THAT THIS JUST ISN'T GOING TO BE DONE WILLY-NILLY.
THIS IS GOING TO BE DONE WHEN THE COMMUNITY IS STRUGGLING WITH A
LONG-TERM BLIGHT WHERE YOU HAVE A PROPERTY OWNER WHO HAS REFUSED TO
RESPOND TO ANY NOTICES. AND STILL AFTER MANY NOTICE PROVISIONS IN THIS
BILL, THERE'S A LENGTHY PROCESS. SO IT'S NOT SOMETHING THAT IS GOING TO BE
USED QUITE REGULARLY. I THINK IT'S GOING TO BE USED ONLY WHEN IT'S REALLY
GOING TO BE EFFECTIVE, WHICH IS TO REMOVE BLIGHT IN OUR COMMUNITIES TO
BRING SOME SANITY BACK TO SOME OF THESE NEIGHBORHOODS, TO BRING
PROPERTIES BACK ON THE TAX ROLL, PARTICULARLY IN OUR CITIES, ESPECIALLY IN
UPSTATE NEW YORK, AND ALSO PREVENT DEMOLITION BY NEGLECT, WHICH
SADLY HAPPENS FAR TOO OFTEN HERE IN THE STATE OF NEW YORK, PARTICULARLY
IN OUR WELL-ESTABLISHED COMMUNITIES WITH SUCH BEAUTIFUL HISTORIC
STRUCTURES.
SO MR. SPEAKER, I WANT TO THANK YOU. I WANT TO THANK
OUR JUDICIARY COMMITTEE AND THE PROGRAM AND COUNSEL STAFF WHO
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NYS ASSEMBLY JUNE 3, 2022
WORKED VERY DILIGENTLY ON THIS LEGISLATION. AND I STRONGLY RECOMMEND
TO MY COLLEAGUES TO CONSIDER JOINING ME IN PASSING THIS BILL. THANK
YOU.
ACTING SPEAKER JACKSON: MR. LAWLER.
MR. LAWLER: YES. WILL THE SPONSOR YIELD FOR A
QUICK QUESTION?
ACTING SPEAKER JACKSON: SPONSOR, WILL YOU
YIELD?
MR. MCDONALD: THE SPONSOR WILL YIELD.
ACTING SPEAKER JACKSON: THE SPONSOR
YIELDS.
MR. LAWLER: OKAY. SO WITH THIS -- THIS WOULD
ULTIMATELY BE IN LIEU OF EMINENT DOMAIN PROCEEDINGS? OR IT WOULD
CREATE KIND OF A --
MR. MCDONALD: AS ONE OF OUR COLLEAGUES SAID,
WE HAVE MANY TOOLS. EMINENT DOMAIN IS A TOOL, THIS IS ANOTHER OPTION.
MR. LAWLER: BUT IS IT -- IS IT SIMILAR, OR WHAT IS
THE -- WHAT'S THE OBJECTIVE HERE? BECAUSE YOU SAID THERE WOULD BE
SOMEWHAT OF A LENGTHY PROCESS. WHAT WOULD BE THE OBJECTIVE HERE AS
OPPOSED TO GOING THROUGH EMINENT DOMAIN?
MR. MCDONALD: THE OBJECTIVE HERE IS TO GIVE
LOCAL GOVERNMENTS A DIFFERENT OPTION THAT THEY CAN CHOOSE. RIGHT NOW
THEY HAVE FAMILIARITY DEALING WITH RESIDENTIAL PROPERTIES. THIS IS JUST
EXPANDING TO COMMERCIAL/INDUSTRIAL. SOME COMMUNITIES, I DON'T THINK
-- I'M NOT GOING TO TRY TO ANTICIPATE YOUR QUESTION, I LEARNED A LONG TIME
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AGO JUST ANSWER THE QUESTION, SO GO AHEAD AND FINISH YOUR QUESTION.
MR. LAWLER: OKAY. SO I ACTUALLY HAVE A POTENTIAL
EXAMPLE OF THIS. SO PRIOR TO COVID, THERE WAS A PROPERTY IN MY
COMMUNITY THAT WAS OPERATING AS A HOTEL AND CONFERENCE CENTER. IT
WAS OWNED BY A FOREIGN COMPANY. THE FOREIGN COMPANY BASICALLY,
ONCE COVID HIT, THE OPERATIONS OF THE FACILITY CLOSED DUE TO THE
RESTRICTIONS. THE COMPANY ENDED UP GOING INTO BANKRUPTCY
PROCEEDINGS IN THE FOREIGN COUNTRY. AND SINCE THAT TIME, THE PROPERTY
HAS BASICALLY BEEN ABANDONED. EMINENT DOMAIN HAS COME UP AS PART
OF THE DISCUSSION. WHAT WOULD THIS BILL ALLOW THE MUNICIPALITY TO DO
THAT EMINENT DOMAIN WOULD NOT, OR HOW WOULD IT EXPEDITE THE PROCESS
OF DEALING WITH THIS PROPERTY THAT IS SEEMINGLY VACANT? IT'S A
COMMERCIAL PROPERTY.
MR. MCDONALD: IT'S A COMMERCIAL PROPERTY. IT
WOULD ALLOW THEM TO PROCEED WITH ACQUIRING THIS PARCEL. AND AT THE
END OF THE DAY, YOU KNOW, WITH EMINENT DOMAIN OBVIOUSLY THERE'S A
PROCESS IN PLACE WHERE THERE'S AN APPRAISAL DONE. IN THIS SITUATION IF
THE PROPERTY OWNER OR ANY OF THE INTERESTS, AND THIS LEGISLATION GOES
INTO GREAT DEPTH AND DETAIL ABOUT NOTICE PROVISIONS. I KNOW IT WAS KIND
OF CASUALLY MENTIONED THAT IT COULD BE SOMETHING LIKE A NOTICE POSTED
TO THE DOOR. THERE'S A LOT MORE TO BE DONE BEFORE WE GET TO THAT ASPECT,
TO BE VERY CLEAR.
MR. LAWLER: RIGHT.
MR. MCDONALD: SO YOU KNOW, IT BASICALLY GIVES
A PROCESS FULL NOTICE, HEY, WE NEED YOU TO PAY ATTENTION TO THIS
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PROPERTY. THAT'S ALL WE'RE ASKING TO DO. NOW, THE REALITY AT SOME POINT
IF THE COMMUNITY FEELS THEY WANT TO GO AND REDEVELOP THIS PROPERTY
AND THEY CHOOSE NOT TO TAKE THE ROUTE OF EMINENT DEMAIN AND CHOOSE
THIS ROUTE, THEY MAY WANT TO DO THAT. BECAUSE THE SAD PART IS AND, AS
YOU MIGHT KNOW, I SERVED AS THE MAYOR OF AN OLD, INDUSTRIAL MILL TOWN
FOR 13 YEARS. WE CALL IT A MILL TOWN, ALTHOUGH IT'S A CITY, BUT THAT'S
BESIDE THE POINT. AND I CAN TELL YOU THAT, YOU KNOW, I DEALT WITH A
PLACE CALLED HARMONY MILLS, 700,000 SQUARE FEET OF OLD MILL SPACE THAT
WAS LEFT VACANT AND WAS STARTING TO BECOME NEGLECTED. WATER WOULD
GET IN TO THE ROOF AND TO THE GUTTERS, YOU STARTED TO SEE BRICKS GOING
AWAY. AND THE COMMUNITY WAS LIKE, WELL, WE CAN -- WANT IT TO BE
FIXED, BUT IT'S GOING TO COST US A QUARTER OF A MILLION DOLLARS. AND
THAT'S NOT FAIR TO THE TAXPAYERS, TO BE HONEST WITH YOU.
SO THIS IS THE TOOL, ANOTHER TOOL THAT THEY CAN CHOOSE.
YOU KNOW, I KNOW THERE'S THE INFERENCE THAT THEY MAY BE ABLE TO TAKE A
PROPERTY FOR FREE. NOTHING'S FREE IN THIS WORLD ANYMORE BECAUSE, QUITE
FRANKLY, FOR A LOCAL GOVERNMENT TO GO DOWN THIS ROAD AND TO GO AFTER --
TO GO AFTER TRYING TO GET THIS PROPERTY INTO RESPONSIBLE HANDS, THERE'S THE
RISK AND EXPOSURE OF SPENDING SEVERAL HUNDRED THOUSANDS OF DOLLARS TO
THAT LOCAL GOVERNMENT. SO ALTHOUGH THERE IS A REFERENCE THAT THERE
MIGHT BE A TAKING OF A PROPERTY, THE REALITY IS, AND I CAN SAY THIS AS A
FORMER MAYOR, I CAN EITHER SIT ON MY HANDS AND DO NOTHING AND NOTHING
WILL EVER CHANGE, OR I CAN TAKE A SHOT AND TRY TO GET SOMETHING DONE.
MR. LAWLER: SO -- AND JUST SO I'M CLEAR, YES, THERE
MAY BE OBVIOUSLY LEGAL COSTS AND OTHER COSTS ASSOCIATED WITH THE TOWN,
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BUT THROUGH AN EMINENT DOMAIN PROCEEDING THERE WOULD BE AN
APPRAISAL, THERE WOULD BE ULTIMATELY A PAYMENT OF FAIR MARKET VALUE. IF
THE TOWN OR MUNICIPALITY OPTED TO GO DOWN THIS ROAD, THEY WOULD BE
ABLE TO ULTIMATELY, AT THE CONCLUSION OF THAT PROCEEDING --
MR. MCDONALD: TAKE TITLE TO THE PROPERTY.
MR. LAWLER: -- TAKE TITLE TO THE PROPERTY WITHOUT
PAYING FAIR MARKET VALUE?
MR. MCDONALD: POSSIBLY, YES. YOU KNOW, I
THINK PART OF THE MISSING LINK HERE, AND THIS HAS BEEN THE PROBLEM WITH
BLIGHT THROUGHOUT OUR STATE. IF THE RESPONSIBLE PARTY ENGAGES, A LOT CAN
BE DONE.
MR. LAWLER: RIGHT.
MR. MCDONALD: AND THIS IS A TOOL TO GET THEM TO
ENGAGE. SO THIS IMAGE OF PROPERTY BEING TAKEN IS REALLY, I THINK, UNFAIR
UNLESS THEY HAVE LOST ALL INTEREST IN THE PROPERTY AND WANT NOTHING TO
DO WITH THIS. AND THEN, LISTEN, I CAN TELL YOU AS A MAYOR, I HAVE MANY
PROPERTY OWNERS COME IN, TAKE THE KEYS AND SAY, HERE, HERE'S THE
PROPERTY, HAVE AT IT; I DON'T WANT A PENNY FOR IT. THIS IS THE PROBLEM
WE DEAL IN LOCAL GOVERNMENTS WITH ABANDONED PROPERTY. SO IF THAT IS
WHAT HAPPENS, THEY TAKE IT AT NO COST, THAT'S WHAT HAPPENS. BUT THERE
ARE SEVERAL MONTHS, IF NOT YEARS, OF TIME IMBEDDED INTO THIS PROCESS.
MR. LAWLER: THANK YOU.
ON THE BILL.
ACTING SPEAKER JACKSON: ON THE BILL, SIR.
MR. LAWLER: THANK YOU. I DO WANT TO COMMEND
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THE SPONSOR. I THINK, YOU KNOW, I SERVED AS DEPUTY TOWN SUPERVISOR IN
MY TOWN AND THE EXAMPLE THAT I PRESENTED TO YOU IS A REAL LIFE EXAMPLE
THAT THE TOWN IS CURRENTLY DEALING WITH. AND THIS CERTAINLY SEEMS LIKE A
TOOL THAT WOULD APPLY FOR THIS PARTICULAR SITUATION, BUT I THINK IT'S A TOOL
THAT MANY MUNICIPALITIES WOULD AGREE IS NECESSARY BECAUSE YOU DO
HAVE THESE COMMERCIAL PROPERTIES AT A TIME WHERE THEY ARE ABANDONED,
WHERE THEY ARE NOT BEING USED. AND EMINENT DOMAIN IS CERTAINLY A
PROCEDURE THAT CAN BE USED. YOU CAN ALSO USE, YOU KNOW, KIND OF A
REQUEST FOR PROPOSAL, YOU KNOW, PROCESS TO GET POTENTIAL BUYERS
ENGAGED AND TRY AND GET THE PROPERTY OWNER TO THE TABLE TO -- TO MAKE A
SALE.
BUT THIS SEEMS LIKE ANOTHER VEHICLE TO HELP EXPEDITE
THAT PROCESS, WHICH I THINK IS NEEDED AT TIMES THROUGHOUT THE STATE OF
NEW YORK, IN MUNICIPALITIES DOWNSTATE AND UPSTATE. I DO HEAR MY
COLLEAGUES' CONCERNS WITH RESPECT TO THE POTENTIAL TAKING PROPERTY
WITHOUT PAYING FAIR MARKET VALUE, BUT I THINK TO YOUR -- YOUR POINT,
ULTIMATELY THIS IS A VEHICLE TO KIND OF FORCE THE LANDOWNER, PROPERTY
OWNER, TO THE TABLE. AND THEY MAY DECIDE THEY JUST WANT TO TURN OVER
THE KEYS AND BE DONE WITH IT FOR WHATEVER THE REASON.
SO CERTAINLY, I THINK THIS IS A GOOD TOOL TO EXPEDITE
THAT PROCESS IF THAT ULTIMATELY IS WHERE IT -- WHERE IT NEEDS TO GO. SO I
THANK THE SPONSOR AND WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER JACKSON: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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ACTING SPEAKER JACKSON: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 9470. 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, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS, ALTHOUGH I'M SURE
I'LL HAVE AT LEAST ONE MEMBER VOTING FOR IT, MAYBE OTHERS, AND THEY CAN
DO SO BY VOTING HERE ON THE FLOOR OR BY CONTACTING THE MINORITY
LEADER'S OFFICE. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER JACKSON: MS. HYNDMAN.
MS. HYNDMAN: MADAM SPEAKER, THE MAJORITY
CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS BILL. IF THERE ARE ANY
MEMBERS THAT CHOOSE TO VOTE IN THE NEGATIVE, THEY CAN CONTACT THE
MAJORITY LEADER'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED. THANK
YOU.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER JACKSON: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 40, RULES REPORT NO. 219, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06576-B, CALENDAR
NO. 219, EICHENSTEIN, CARROLL, PHEFFER AMATO, WEINSTEIN, COLTON. AN
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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 JACKSON: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2022.
ACTING SPEAKER JACKSON: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT A657 -- 6576-B. THIS IS A FAST ROLL
CALL. ANY MEMBERS WHO WISH -- 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. WALCZYK.
MR. WALCZYK: THANK YOU, MADAM SPEAKER. THIS
-- THIS IS ANOTHER BILL THAT DID NOT PASS IN THE UPPER HOUSE, AND THEY'VE
ADJOURNED THIS SESSION. SO I JUST WANTED -- FOR THE GOOD OF THE GROUP.
ACTING SPEAKER JACKSON: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 12, RULES REPORT NO. 491, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10034-A, RULES --
RULES REPORT NO. 491, GOTTFRIED. AN ACT TO AMEND THE TAX LAW, IN
RELATION TO THE EMPIRE STATE FILM PRODUCTION CREDIT.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER JACKSON: ON A MOTION BY
GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. RA.
MR. RA: MADAM SPEAKER, WILL THE SPONSOR YIELD FOR
A COUPLE QUICK QUESTIONS?
ACTING SPEAKER JACKSON: WILL YOU YIELD?
MR. GOTTFRIED: YES.
ACTING SPEAKER JACKSON: THE SPONSOR
YIELDS.
MR. RA: THANK YOU. SO MY UNDERSTANDING OF THIS
BILL IS IT WOULD ALLOW CERTAIN SHOWS TO STILL QUALIFY FOR THE TAX CREDIT.
NOW, A COUPLE OF YEARS AGO WE CHANGED SOME OF THE TYPES OF SHOWS
THAT COULD QUALIFY FOR THIS TAX CREDIT, BUT WE ALLOWED ONES THAT WERE IN
PRODUCTION PRIOR TO CONTINUE TO QUALIFY. SO MY UNDERSTANDING IS THIS IS
A LIMITED, REALLY, PROVISION THAT WILL ALLOW A SHOW THAT REMAINS IN
PRODUCTION WITH, I GUESS, THE BACK END STAFF, BUT CHANGES PERHAPS
NAMES AND ON AIR TALENT; IS THAT CORRECT?
MR. GOTTFRIED: YES.
MR. RA: OKAY. AND DO YOU KNOW HOW MANY SHOWS
THIS MIGHT IMPACT?
MR. GOTTFRIED: I'M AWARE OF ONE.
MR. RA: AND THEN AT THAT POINT, ANY OTHER SHOW, YOU
KNOW, IF THERE WAS ANOTHER SIMILARLY SITUATED SHOW, I GUESS, PRIOR TO
MARCH 31ST OF NEXT YEAR THEY WOULD ALSO PRESUMABLY BE ABLE TO
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CONTINUE TO RECEIVE THE TAX CREDIT; IS THAT CORRECT?
MR. GOTTFRIED: YEAH. IF THERE IS ANOTHER SHOW
THAT COMPLIES WITH ALL OF THE HALF A DOZEN OR SO DETAILED PROVISIONS OF
THIS BILL THEY, TOO, WOULD BE COVERED BY THE BILL.
MR. RA: OKAY. THANK YOU VERY MUCH, MR.
GOTTFRIED.
MR. GOTTFRIED: YOU'RE WELCOME.
MR. RA: MADAM SPEAKER, ON THE BILL QUICKLY. SO
FOR MY COLLEAGUES, WHAT THIS ESSENTIALLY DOES WE, LIKE I SAID, PRIOR TO
APRIL 1ST, 2020 IF YOU WERE QUALIFIED FOR THIS TAX CREDIT, VARIETY SHOWS,
SKETCH SHOWS OR ANY TALK PROGRAMS, YOU ARE STILL ABLE TO QUALIFY. NOW,
THIS IN PARTICULAR RELATES TO WHAT IS NOW THE WENDY WILLIAMS SHOW
WHICH IS CHANGING HOSTS AND RE-BRANDING AS THE SHERRI SHEPHERD
SHOW. AND THE NAME IS CHANGING AND, AS A RESULT, THEY WOULD NO
LONGER QUALIFY FOR THIS TAX CREDIT. THIS DOES HAVE SOME PROVISIONS
WHICH I THINK ARE GOOD IN THAT, YOU KNOW, I THINK THE POINT OF THIS TAX
CREDIT DESPITE, YOU KNOW, MANY OF OUR PROBLEMS THAT MANY OF US DO
HAVE WITH THE TAX CREDIT, BUT THE POINT OF IT IS REALLY THE BACK END, THE
STAFF THAT WORK ON THESE SHOWS AND PUTTING THEM TO WORK IN OUR STATE.
AND IT REQUIRES THAT I BELIEVE 80 PERCENT OF THE STAFF FROM THE PRIOR
SEASON REMAIN EVEN THOUGH THE NAME OF THE SHOW HAS CHANGED.
SO I DO THINK THAT, YOU KNOW, IF YOU LOOK AT IT FROM
THE PERSPECTIVE, WE HAVE FRANCHISES OUT THERE THAT ARE SHOWS THAT THE
HOST COULD CHANGE, BUT BECAUSE THEY'RE FRANCHISES, THE NAME REMAINS
THE SAME. THIS BECAUSE THE NAMES CHANGE AND THEY WOULD LOSE THE
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ELIGIBILITY. AND MY UNDERSTANDING IS THIS PARTICULAR SHOW HAS -- MAY
ACTUALLY LEAVE IF THEY WEREN'T ABLE TO -- TO DO THIS WITH THE STATE. LIKE I
SAID, I HAVE HAD PLENTY OF OBJECTIONS TO THIS TAX CREDIT OVER THE YEARS,
BUT I APPRECIATE, YOU KNOW, THE SPONSOR'S ATTEMPT HERE TO PRESERVE THE
JOBS OF THOSE INDIVIDUALS WHO WORK ON THE SHOW. THANK YOU.
ACTING SPEAKER JACKSON: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER JACKSON: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY NUM -- SENATE PRINT 8829-A. THIS IS A
PARTY VOTE. ANY MEMBER WHO WISHES TO BE RECORDED AS AN EXEMPTION
TO THE CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR
MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS. OF COURSE, THOSE
WHO SUPPORT IT CAN VOTE YES ON THE FLOOR OR BY CONTACTING THE MINORITY
LEADER'S OFFICE. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER JACKSON: MS. HYNDMAN.
MS. HYNDMAN: MADAM SPEAKER, THE MAJORITY
CONFERENCE WILL BE UP ON THIS PIECE OF LEGISLATION. SHOULD THERE BY
ANY MEMBERS THAT WISH TO VOTE IN THE NEGATIVE, THEY SHOULD CONTACT THE
MAJORITY LEADER'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED. THANK
YOU.
(THE CLERK RECORDED THE VOTE.)
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ACTING SPEAKER JACKSON: MR. GOODELL TO
EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU. AS ALL OF US KNOW, THE
REPUBLICAN CONFERENCE HAS EXPRESSED A GREAT DEAL OF CONCERN ABOUT A
BUDGET BILL THAT GOES THROUGH EVERY YEAR THAT SUBSIDIZES
MULTI-MILLIONAIRE HOLLYWOOD PRODUCERS AND TELEVISION ACTORS AND
WHATNOT, AND WE GIVE THEM A SUBSIDY THAT'S ROUGHLY $420 MILLION EVERY
SINGLE YEAR. NOW, WE'RE NOT SUBSIDIZING OUR AGRICULTURAL COMMUNITY
BY 420 MILLION, WE'RE NOT -- WE'RE NOT PUTTING ANYTHING, I MEAN ZERO
DOLLARS, TO OFFSET THE HUGE DEBT THAT WAS INCURRED ON THE WORKERS'
COMP PROGRAM, BUT IF YOU'RE ONE OF THE RICH AND FAMOUS AND YOU COME
TO NEW YORK, WE WILL SUBSIDIZE YOU TO THE TUNE OF $420 MILLION EVERY
YEAR. THE ONLY THING WE ASK IS THAT YOU STAY HERE, AND WHAT THIS BILL
SAYS IS UNLESS, OF COURSE, YOU DON'T WANT TO AND THEN WE'LL JUST PASS
ANOTHER LAW AND CONTINUE THE SUBSIDY.
AND I CAN'T SUPPORT THE ORIGINAL SUBSIDY, AND I CAN'T
SUPPORT BREAKING THE RULES OF ENGAGEMENT, THE COMMITMENT THAT WE
EXPECTED WHEN WE GAVE IT IN THE FIRST PLACE. FOR THAT REASON, I WILL BE
VOTING NO AND RECOMMEND THE SAME TO MY COLLEAGUES. THANK YOU,
MADAM SPEAKER. AND I DOUBT, BY THE WAY, THAT ANY OF THOSE
MULTI-MILLIONAIRE HOLLYWOOD STARS ARE GOING TO CALL ME UP AND THANK
ME TONIGHT, BUT THAT'S OKAY. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER JACKSON: MR. GOODELL IN THE
NEGATIVE.
MR. GOODELL.
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NYS ASSEMBLY JUNE 3, 2022
MR. GOODELL: THANK YOU, MADAM SPEAKER.
PLEASE RECORD MY COLLEAGUE MR. DESTEFANO IN THE AFFIRMATIVE. THANK
YOU, MADAM SPEAKER.
ACTING SPEAKER JACKSON: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL HAS PASSED.
PAGE 21, RULES REPORT NO. 643, THE CLERK WILL READ.
THE CLERK: SENATE NO. S08994-A, SENATOR
STAVISKY (COMMITTEE ON RULES--GLICK--A10426). AN ACT TO AMEND THE
EDUCATION LAW, IN RELATION TO CERTIFICATES OF RESIDENCE REQUIRED OF
COMMUNITY COLLEGE ENROLLEES.
ACTING SPEAKER JACKSON: MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
ON THE BILL.
ACTING SPEAKER JACKSON: ON THE BILL, SIR.
MR. GOODELL: THIS BILL -- THIS BILL IS FAIRLY
STRAIGHTFORWARD. WHAT IT DOES IS IT AMENDS THE EDUCATION LAW TO ALLOW
STUDENTS WHO ARE ENROLLING IN COMMUNITY COLLEGE TO APPLY FOR
CERTIFICATES OF RESIDENCY ELECTRONICALLY AS WELL AS IN PERSON. AND WHEN
THEY DO SO, THIS BILL WOULD PROHIBIT THE COUNTY FROM REQUIRING
NON-RESIDENT STUDENTS ENROLLING IN COMMUNITY COLLEGES TO DISCLOSE OR
FURNISH THEIR SOCIAL SECURITY NUMBER. THE CONCERN THAT SOME OF THE
COUNTIES HAVE IS THAT IT APPEARS THAT THIS WOULD MAKE IT MORE DIFFICULT
FOR THE COUNTIES TO VERIFY RESIDENCE. ALTHOUGH A LOT OF APPLICATIONS ARE
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NYS ASSEMBLY JUNE 3, 2022
NOW DONE ONLINE AND WE'RE MOVING IN THAT DIRECTION, HOPEFULLY THAT IN
IMPLEMENTING THIS PROCESS THAT THE COUNTIES CAN STILL REQUIRE SUFFICIENT
DOCUMENTATION TO ESTABLISH RESIDENCY.
THE SECOND ASPECT IS THAT IT BARS COUNTIES FROM ASKING
NON-RESIDENT STUDENTS FOR A SOCIAL SECURITY NUMBER. I THINK THAT'S
REALLY DESIGNED TO MAKE IT EASIER FOR NON-RESIDENTS WHO ARE HERE
WITHOUT DOCUMENTATION TO SIGN UP FOR COMMUNITY COLLEGES. IT'S NOT AN
ISSUE IN TERMS OF THE OPERATION OF THE COMMUNITY COLLEGE UNLESS, OF
COURSE, THE COMMUNITY COLLEGE HAPPENS TO WANT TO HELP THE STUDENT
WITH PART-TIME EMPLOYMENT OR GRANTS OR AIDS, ALL OF WHICH TYPICALLY
REQUIRE SOCIAL SECURITY NUMBERS. SO WITHOUT THAT SOCIAL SECURITY
NUMBER, THOSE STUDENTS WON'T BE ABLE TO BE HELPED, BUT IF THEY DON'T
HAVE A SOCIAL SECURITY NUMBER, THEY WOULDN'T BE ELIGIBLE ANYWAY.
SO I APPRECIATE IT. I SUSPECT MY CAUCUS WILL BE SPLIT
ON THIS. WE HAD A NUMBER OF NO VOTES IN COMMITTEES, AND A NUMBER
OF YES VOTES. SO IT'S ONE OF THOSE INTERESTING DILEMMAS WHERE NO
MATTER HOW I CALL IT, I SUSPECT A NUMBER OF MY CAUCUS WILL BE
DISAGREEING. I DON'T HAVE ANY PARTICULAR ISSUE WITH IT SO WE'LL GO WITH A
FAST VOTE, AND I'LL TELL YOU IN A FEW MINUTES WHETHER I CALLED IT RIGHT.
ACTING SPEAKER JACKSON: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1ST,
2023.
ACTING SPEAKER JACKSON: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 8994-A. THIS IS A FAST ROLL CALL. ANY
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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, MADAM SPEAKER.
PLEASE RECORD THE FOLLOWING COLLEAGUES OF MINE IN THE NEGATIVE: MR.
KEITH BROWN, MR. MONTESANO, AND MR. WALCZYK. THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER JACKSON: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL HAS PASSED.
PAGE 23, RULES REPORT NO. 653, THE CLERK WILL READ.
THE CLERK: SENATE NO. S09427-A, SENATOR RAMOS
(COMMITTEE ON RULES--JOYNER--A10477). AN ACT TO AMEND THE LABOR
LAW, IN RELATION TO REQUIRING EMPLOYERS TO DISCLOSE COMPENSATION OR
RANGE OF COMPENSATION TO APPLICANTS AND EMPLOYEES.
ACTING SPEAKER JACKSON: MR. GOODELL.
MR. GOODELL: THIS WILL BE A PARTY VOTE, MADAM
CHAIR, FOR THE REASONS I WILL EXPLAIN AFTER YOU CALL THE VOTE.
ACTING SPEAKER JACKSON: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 270 DAYS.
ACTING SPEAKER JACKSON: THE CLERK WILL
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NYS ASSEMBLY JUNE 3, 2022
RECORD THE VOTE ON SENATE PRINT 9427-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, MADAM CHAIR. AS I
MENTIONED A MOMENT AGO, THE REPUBLICAN CONFERENCE IS GENERALLY
OPPOSED TO THIS FOR THE REASONS I'LL MENTION IN A MOMENT. THANK YOU,
SIR -- MA'AM. THANK YOU, MA'AM.
ACTING SPEAKER JACKSON: MS. HYNDMAN.
MS. HYNDMAN: THANK YOU, MADAM SPEAKER.
THIS WILL BE A MAJORITY VOTE IN THE AFFIRMATIVE. ANY MEMBERS
CHOOSING TO VOTE NEGATIVELY WILL BE RECORDED AS SOON AS -- OR THEY CAN
CALL THE MAJORITY LEADER'S OFFICE. THANK YOU. IT'S LATE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER JACKSON: MR. GOODELL TO
EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MADAM SPEAKER. THIS
BILL WOULD REQUIRE ALL EMPLOYERS IN THE STATE OF NEW YORK THAT
ADVERTISE A JOB OPENING OR A PROMOTION OR TRANSFER OPPORTUNITY TO
PUBLISH THE RANGE OF COMPENSATION AND A JOB DESCRIPTION, IF SUCH A
DESCRIPTION EXISTS.
THE PROBLEM WITH THIS IS MULTI-FACETED. FIRST,
ESPECIALLY WITH SMALL BUSINESSES, THE ACTUAL COMPENSATION IS A MATTER
THAT'S NEGOTIATED BETWEEN THE EMPLOYER AND THE EMPLOYEE, AND
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TYPICALLY REFLECTS THE EXTENT OF EXPERIENCE THAT THE EMPLOYEE HAS. SO IN
A SMALL BUSINESS, THE ACTUAL NATURE OF YOUR JOB AND HOW MUCH YOU'RE
PAID AND HOW MUCH YOU DO OFTEN DEPENDS ON YOUR BACKGROUND AND
EXPERIENCE. AND SO YOU MAY HAVE AN OPENING, FOR EXAMPLE, I WAS A
MANAGING PARTNER FOR MANY YEARS OF A LAW FIRM. I MIGHT HAVE AN
OPENING FOR A PARALEGAL. SOME PARALEGALS WERE GREAT AT ANSWERING THE
PHONE AND COPYING DOCUMENTS, OTHERS COULD DO A COMPLETE REAL ESTATE
CLOSING. AND SO THE RANGE IS MEANINGLESS WHEN YOU HAVE THAT AMOUNT
OF RANGE.
THE SECOND PROBLEM WITH IT IS IT REQUIRES THAT THE JOB
DESCRIPTION BE POSTED. WITH A LARGER COMPANY, THAT'S NOT AN ISSUE
BECAUSE THEY HAVE A PERSONNEL DEPARTMENT AND THEY HAVE ACCURATE JOB
DESCRIPTIONS. FOR SMALLER BUSINESSES, THEY DON'T HAVE A PERSONNEL
DEPARTMENT AND IT'S SOMETIMES DIFFICULT OR IMPOSSIBLE TO FULLY DESCRIBE
THE JOB.
THE THIRD PROBLEM IS THAT MANY EMPLOYERS DON'T WANT
TO HAVE TO ADVERTISE WHAT THEY'RE PAYING EMPLOYEES BECAUSE THEY'RE IN
COMPETITION WITH OTHERS. AND SO THEY OBVIOUSLY ARE VERY MUCH
FOCUSED ON GETTING THE BEST EMPLOYEES THAT THEY CAN AFFORD, BUT THEY
DON'T WANT ALL THEIR COMPETITORS TO KNOW ALL THEIR INSIDE INFORMATION
AND WHAT THE PERSONNEL STATUS IS AND WHO IS DOING WHAT AND WHAT
THEY'RE PAYING.
AND SO FOR ALL OF THOSE REASONS, BUT PRIMARILY TO
PROTECT SMALLER EMPLOYERS AND PROVIDE FLEXIBILITY FOR EMPLOYEES WHO
HAVE THOSE EXTRA AND UNIQUE TALENTS TO NEGOTIATE A BETTER RANGE OR A
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BETTER SALARY FOR THEMSELVES, I WILL BE OPPOSING THIS AND RECOMMEND
MY COLLEAGUES DO THE SAME.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 24, RULES REPORT NO. 661, THE CLERK WILL READ.
THE CLERK: SENATE NO. S09450, SENATOR GIANARIS
(COMMITTEE ON RULES--REYES--A10492). AN ACT TO AMEND THE LABOR
LAW, IN RELATION TO EMPLOYER VIOLATIONS OF CERTAIN PROVISIONS ALLOWING
FOR WORKPLACE SAFETY COMMITTEES.
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 9450. 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 FOR THE REASONS I HOPE TO EXPLAIN.
ACTING SPEAKER AUBRY: MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, THE DEMOCRATIC
CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS VOTE. SHOULD ANY
MEMBERS WISH TO VOTE IN THE NEGATIVE, THEY CAN CALL THE MAJORITY
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NYS ASSEMBLY JUNE 3, 2022
LEADER'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
HYNDMAN.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. A FEW YEARS AGO,
WE - WELL, LAST YEAR TO BE PRECISE - LAST YEAR WE CREATED A STATUTORY
MANDATE ON ALL EMPLOYERS IN THE STATE OF NEW YORK TO CREATE A
EMPLOYEE LABOR MANAGEMENT COMMITTEE TO FOCUS ON WORKPLACE SAFETY.
AND THAT COMMITTEE WAS AUTHORIZED TO MEET AT ITS EMPLOYER'S EXPENSE
AND ON EMPLOYER TIME ONCE FOR AT LEAST UP TO TWO HOURS. SO THAT'S
WHERE WE START WITH THE CURRENT LAW.
WHAT THIS BILL DOES, IT SAYS THAT THE EMPLOYER MUST
RECOGNIZE WITHIN FIVE BUSINESS DAYS THE CREATION OF THAT COMMITTEE OR
FACE A FINE OF $50 A DAY. WELL, I THINK THE TIME FRAME IS VERY TIGHT, AND
MUCH TIGHTER THAN NECESSARY, ESPECIALLY FOR A SMALL BUSINESS. SO
IMAGINE THIS: YOU'RE THE SOLE PROPRIETOR, YOU HAVE A SMALL BUSINESS,
MAYBE A DOZEN EMPLOYEES. THEY DECIDE THEY WANT TO HAVE A LABOR
MANAGEMENT SAFETY COMMITTEE AND THEY FORM IT WHILE YOU'RE ON
VACATION. AND YOU COME BACK AND FIND OUT THAT YOU'VE BEEN FINED $50
A DAY BECAUSE YOU DIDN'T MEET WITH THEM WITHIN THE FIRST FIVE DAYS.
A MORE APPROPRIATE TIME FRAME I WOULD SUGGEST, MR.
SPEAKER, IS WITHIN THE FIRST QUARTER SINCE THE COMMITTEE ITSELF ONLY HAS
TO MEET ONCE EVERY THREE MONTHS. THE COMMITTEE ONLY HAS TO MEET
ONCE EVERY THREE MONTHS, IT'S SEEM UNREASONABLE TO START IMPOSING A
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SIGNIFICANT FINE ON THE EMPLOYER AFTER JUST FIVE DAYS. AND FOR THAT
REASON, I WON'T SUPPORT THIS LEGISLATION, BUT I WOULD SUPPORT LEGISLATION
THAT REQUIRES IT TO MEET WITHIN 90 DAYS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
MS. REYES TO EXPLAIN HER VOTE ON ZOOM.
MS. REYES: THANK YOU, MR. SPEAKER. I JUST WANTED
TO CLARIFY THE RECORD. MY COLLEAGUE DID MENTION THAT THIS WAS AN
EMPLOYEE LABOR MANAGEMENT COMMITTEE. THE NEW YORK HERO ACT
THAT WE PASSED IN 2021 CREATED AN AIRBORNE INFECTIOUS DISEASE STANDARD,
AND IT ALSO CREATED A MECHANISM FOR (AUDIO INTERRUPTION) -- WORKPLACE
HEALTH AND SAFETY COMMITTEES, NOT LABOR MANAGEMENT COMMITTEES.
THESE ARE TWO VERY DIFFERENT THINGS. AND WHAT WE'VE SEEN IS THAT
EMPLOYEES HAVE BEEN TRYING TO FORM THESE COMMITTEES AND EMPLOYERS
ARE REFUSING TO RECOGNIZE THEM.
SO THIS IS A PIECE -- THIS IS A PART OF THE NEW YORK
HERO ACT THAT WAS CARVED OUT IN OUR INITIAL NEGOTIATIONS, AND WE
REALIZED THAT WE NEEDED TO ADD A MECHANISM FOR ENFORCEMENT SO THE
DOL IS ABLE TO ENFORCE AND HOLD TO ACCOUNT THOSE EMPLOYERS WHO ARE
UNWILLING TO RECOGNIZE THE HEALTH AND SAFETY, THE COMMITTEES THAT WERE
CREATED IN STATUTE UNDER THE NEW YORK HERO ACT. I WILL BE VOTING IN
THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. REYES IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 3, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 38, CALENDAR NO. 181, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05585-A, CALENDAR
NO. 181, 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 AUBRY: 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 AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 1810-A. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. IT'S A PLEASURE FOR
ME TO VOTE IN FAVOR OF THIS COMMUNITY PRESERVATION FUND FOR THE TOWN
OF CHESTER, AND IN MY BUCKET LIST IS TO VISIT THE TOWN OF CHESTER AND
APPRECIATE THIS COMMUNITY PRESERVATION FUND BENEFIT. IT'S NOT YET AT THE
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NYS ASSEMBLY JUNE 3, 2022
TOP, IT'S STILL A LITTLE BIT BELOW PARIS, BUT IT'S IN THE BUCKET. BUT I ALSO
WANTED TO ACKNOWLEDGE THAT THIS IS PROBABLY THE LAST BILL THAT MR.
SCHMITT WILL HAVE WITH US HERE IN THE ASSEMBLY. HE'S MOVING ON TO
RUN IN CONGRESS. HE'S BEEN A GREAT ASSET TO MY CAUCUS AND TO ALL OF US
HERE ON THE ASSEMBLY, ESPECIALLY APPRECIATE HIS WISDOM AND THOUGHTS
ON ISSUES THAT ARE IMPORTANT, INCLUDING HUNTING, VETERANS, ECONOMIC
DEVELOPMENT, AND THOSE TYPES OF ISSUES.
SO JUST A GREAT APPRECIATION FOR HIS SERVICE AND AS YOU
ALWAYS SAY WHEN WE INTRODUCE A FORMER MEMBER, ONCE A MEMBER,
ALWAYS A MEMBER. GREAT TO HAVE THIS MEMBER AS PART OF OUR FAMILY
AND WISH HIM THE VERY BEST ON HIS NEW ENDEAVOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
(APPLAUSE)
SEEMS TO BE A LOT OF CONGRESS GOING ON IN THAT ROW.
(LAUGHTER)
VOICE: NO, THERE'S NOT.
ACTING SPEAKER AUBRY: YOU NEVER KNOW.
(LAUGHTER)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. APPARENTLY NOT IN
HIS BUCKET LIST IS THE TOWN OF CHESTER FOR MY COLLEAGUE MR. TANNOUSIS.
SO APPARENTLY YOU CAN RECORD HIM AS BEING NO ON THIS
PARTICULAR BILL.
ACTING SPEAKER AUBRY: SO NOTED.
MR. SCHMITT TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY JUNE 3, 2022
MR. SCHMITT: THANK YOU, MR. SPEAKER. THIS
LEGISLATION HAS BEEN SUPPORTED BY THE GREATER CHESTER COMMUNITY FOR
MANY YEARS, VERY PROUD TO BRING IT TO A VOTE HERE THIS EVENING AND HAVE
OVERWHELMING SUPPORT AND SEND IT TO THE GOVERNOR'S OFFICE FOR
APPROVAL. THIS CRITICAL LEGISLATION WILL HELP THE LOCAL COMMUNITY HELP
CHART ITS COURSE TO PROTECT LOCAL LAND, PROTECT LOCAL WATER RESOURCES,
OTHER NATURAL RESOURCES AND HISTORIC LANDMARKS. IT IS WIDELY SUPPORTED
BY THE COMMUNITY AND IT'S BEEN AN HONOR TO WORK THROUGH THIS PROCESS
WITH LOCAL AND STATE COLLEAGUES TO ENSURE ITS PASSAGE HERE THIS EVENING.
VERY PROUD TO CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. SCHMITT IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. ALSO PLEASE RECORD
MY COLLEAGUE MR. GALLAHAN IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, WE ARE NOW GOING TO
GO -- GOING TO GO TO THE FOLLOWING BILLS: RULES REPORT NO. 766 BY MR.
DINOWITZ; 767 BY MS. GRIFFIN; 437 BY MR. CAHILL; 285 BY MR.
DINOWITZ; 289 BY MS. BUTTENSCHON; 443 BY MR. DINOWITZ AGAIN; AND
454 BY MR. EPSTEIN. THANK YOU.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
PAGE 22, RULES REPORT NO. 766, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10522, RULES REPORT
NO. 766, COMMITTEE ON RULES, DINOWITZ. AN ACT TO AMEND THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO THE DEFINITION OF
HEIRS PROPERTY FOR THE PURPOSES OF PARTITION.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9230. 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. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS FOR THE REASONS I WILL MENTION
SHORTLY.
ACTING SPEAKER AUBRY: WE'LL TAKE THAT OVER
AGAIN.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY [SIC] 9230. THIS IS A PARTY VOTE. ANY MEMBER
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NYS ASSEMBLY JUNE 3, 2022
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: CONSISTENT WITH CALLING THIS IS A
PARTY VOTE, I THINK IT'S APPROPRIATE TO MENTION THAT WE NOW HAVE ICE
CREAM, WITH SPRINKLES. AND SO AFTER THE REPUBLICAN CAUCUS GENERALLY
VOTES NO, THEY CAN CONTINUE THE PARTY OFF THE FLOOR, BUT IF THEY WANT TO
VOTE YES, THEY HAVE TO STAY ON THE FLOOR AND VOTE ACCORDINGLY. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY.
MS. HYNDMAN.
MS. HYNDMAN: THE MAJORITY CONFERENCE WILL BE
IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION. IF ANY MEMBER CHOOSES
TO VOTE IN THE NEGATIVE ON THIS BILL, PLEASE CONTACT THE MAJORITY
LEADER'S OFFICE AT THE NUMBERS PREVIOUSLY PROVIDED. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, BOTH.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU. AND IN THE SPIRIT OF
FLEXIBILITY AND COMPROMISE AND ALL THOSE GREAT THINGS, THIS IS AN
AMENDMENT TO A BILL THAT WE PASSED IN 2019 THAT IMPOSED A NUMBER OF
VERY SIGNIFICANT CHANGES ON PARTITION ACTIONS AS IT MIGHT RELATE TO
RELATIVES WHO INHERIT PROPERTY. AND BACK IN 2019, THE VOTE WAS 103 IN
FAVOR AND 38 NOS, MOSTLY REPUBLICANS WHO THOUGHT THAT THE CURRENT
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NYS ASSEMBLY JUNE 3, 2022
PROCESS WORKED QUITE WELL AND THERE WAS NO NEED TO COME UP WITH AN
ENTIRELY NEW PROCESS.
THIS IS AN AMENDMENT THAT MAKES IT CLEAR THAT THE
2019 LEGISLATION WAS ONLY INTENDED TO RELATE TO COMMERCIAL OR, I'M
SORRY, RESIDENTIAL OR AGRICULTURAL PROPERTIES. AND SO FOR THOSE OF US
WHO WERE UPSET OR CONCERNED OR DIDN'T SUPPORT THE INITIAL LEGISLATION,
THIS LEGISLATION NARROWS THE FIRST, AND SO PEOPLE MIGHT VOTE YES ON THIS
EVEN THOUGH THEY VOTED NO ON THE ORIGINAL BECAUSE THIS MAKES THE
ORIGINAL NARROWER.
FOR ME, I WILL BE VOTING NO BECAUSE WHAT IT DOES IS IT
SETS UP TWO ENTIRELY DIFFERENT PROCESSES FOR PARTITIONING PROPERTY
INVOLVING THE EXACT SAME PEOPLE. SO IF YOU'RE AN HEIR AND YOUR PARENTS
PERHAPS PASS AWAY AND THEY OWN BOTH RESIDENTIAL AND COMMERCIAL
PROPERTY AND YOU WANTED TO DO A PARTITION ACTION, YOU WOULD NOW HAVE
TO USE TWO ENTIRELY DIFFERENT PROCEDURES TO DEAL WITH BOTH PROPERTIES.
AND SO I ALWAYS LIKED THE SIMPLE PROCEDURE THAT WAS IN THE LAW FOR
DECADES, AND I STILL RECOMMEND THAT WE USE THAT SAME PROCEDURE AND
HOPE THAT AT SOME POINT WE CAN RETURN TO THE SIMPLE PROCEDURES THAT
APPLY TO ALL PROPERTIES RATHER THAN HAVING DIFFERENT PROCEDURES FOR
DIFFERENT PROPERTIES DEPENDING ON THEIR CLASSIFICATION. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 3, 2022
PAGE 22, RULES REPORT NO. 767, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10524, RULES REPORT
NO. 767, COMMITTEE ON RULES, GRIFFIN. AN ACT EXTENDING THE TIME
WITHIN WHICH CERTAIN APPOINTED OFFICERS MAY TAKE OR FILE THEIR OATHS OF
OFFICE OR OFFICIAL UNDERTAKINGS.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
GRIFFIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MRS. GRIFFIN.
MRS. GRIFFIN: THIS BILL PERMITS CERTAIN OFFICERS
APPOINTED TO A COUNTY POSITION WHO FAIL TO TAKE OR FILE THEIR OATH OF
OFFICE, OR OFFICIAL HONOR TAKING WITHIN THE PRESCRIBED PERIOD TO
CONTINUE TO SERVE IF THEY TAKE OR FILE THE REQUIRED OATH OR HONOR TAKING
WITHIN 30 DAYS.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MRS. GRIFFIN, WILL YOU
YIELD?
MRS. GRIFFIN: SURE.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RA: THANK YOU, MRS. GRIFFIN. SO YOU KNOW, I
KNOW WE HAVE HAD BILLS BEFORE THIS BODY BEFORE INVOLVING ELECTED
OFFICIALS WHEN AN OATH WASN'T FILED -- FILED, BUT THEY'VE BEEN IN
CIRCUMSTANCES THAT, YOU KNOW, SAID EXACTLY WHAT THE SITUATION WAS THEY
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WERE TRYING TO DEAL WITH, THE NAME OF THE MUNICIPALITY AND ALL THAT. SO
CAN YOU ENLIGHTEN ME AS TO WHETHER THIS IS FOR A SPECIFIC SITUATION? IT'S
BROAD LANGUAGE, BUT THE, YOU KNOW, THE DATES AND ALL OF THAT SEEM VERY
SPECIFIC AND NARROW.
MRS. GRIFFIN: WELL, I THINK IT COULD BE APPLIED TO
DIFFERENT SITUATIONS. SO IN THE TIME THAT WE, YOU KNOW, DIFFERENT
PEOPLE MIGHT NEED TO, YOU KNOW, ARE GOING TO TAKE AN OATH FORMALLY
BUT MAYBE THEY HAVE A SICKNESS, MAYBE THEY HAD COVID, AND THAT'S
GONE ON IN MANY CASES FOR THE PAST TWO YEARS. SO -- ON SOME
OCCASIONS, PEOPLE MAY MISS TAKING THEIR OATH. AND, YOU KNOW, IN
NASSAU COUNTY THERE ARE PEOPLE IN THIS SITUATION WHY THEY -- WHY WE
HAVE THIS BILL AND THERE COULD BE OTHER INSTANCES ACROSS OUR STATE SO
THAT'S WHY IT'S GENERAL TO ANYONE THAT MAY HAVE MISSED THEIR OATH
DURING THIS PERIOD THAT THEY NOW HAVE 30 DAYS TO TAKE THAT OATH.
MR. RA: OKAY, SO --
ACTING SPEAKER AUBRY: MR. RA, I DON'T WANT
TO INTERRUPT, BUT WHY DON'T WE LET MRS. GRIFFIN'S STAFF GET TO HER SO SHE
HAS AVAILABLE.
MR. RA: SURE, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
(PAUSE)
YOU GUYS READY? GOOD.
MRS. GRIFFIN: YEAH.
ACTING SPEAKER AUBRY: MR. RA PROCEED.
MR. RA: THANK YOU, MR. SPEAKER. SO -- OKAY. I
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NYS ASSEMBLY JUNE 3, 2022
WANT TO LOOK AT SOME OF THE LANGUAGE OF THIS BILL BECAUSE AS WE KNOW,
BOTH FOR US AS ELECTED OFFICIALS AND FOR APPOINTED OFFICIALS IN THIS STATE,
SUBMITTING, SIGNING, FILING AN OATH OF AN OFFICE IS A PRECONDITION OF YOU
TAKING THAT OFFICE. SO LET'S GO THROUGH THEN WHAT THIS MEANS. SO
COUNTY POSITION IS THE TERM THAT'S USED, ANY OFFICER APPOINTED TO A
COUNTY POSITION. IS THAT TERM DEFINED IN EXISTING LAW SOMEWHERE?
BECAUSE I KNOW IT'S NOT DEFINED IN THIS BILL. IS THAT TERM DEFINED
SOMEWHERE?
MRS. GRIFFIN: WHAT'S THE TERM THAT YOU WOULD LIKE
DEFINED?
MR. RA: IT SAYS SOMEBODY APPOINTED TO A "COUNTY
POSITION."
MRS. GRIFFIN: RIGHT. I THINK A -- I DON'T KNOW IF
IT'S -- I DON'T BELIEVE IT'S DEFINED HERE, BUT SOMEONE THAT'S APPOINTED TO
A COUNTY POSITION, OF COURSE, OR STATE IT COULD BE VARIOUS POSITIONS. I
DON'T KNOW EVERY POSITION. BOARDS OF DIFFERENT AREAS, LIKE THERE'S ALL
DIFFERENT -- ALL DIFFERENT -- EVERY COUNTY COULD HAVE NUMEROUS POSITIONS
THAT ARE APPOINTED.
MR. RA: OKAY. SO SINCE WE'RE PASSING A LAW HERE
AND WE DON'T HAVE A DEFINITION, CAN YOU ELABORATE WITH REGARD TO THAT
FOR THE RECORD SO THAT IT'S THERE, YOU KNOW, IN THE FUTURE WHAT'S MEANT
BY THIS? DO YOU HAVE ANY EXAMPLES OF WHO WOULD BE SOMEBODY THAT'S
APPOINTED TO A COUNTY POSITION?
MRS. GRIFFIN: WELL, THIS IS INTENTIONALLY GENERIC
BECAUSE IT COULD FIT DIFFERENT PEOPLE, DIFFERENT OCCASIONS. A BILL
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SIMILAR TO THIS, I DON'T HAVE THE NUMBER, WAS DONE FOR THE CITY. SO IT'S
-- IT'S A GENERIC, YOU KNOW, IF IT WAS REALLY SPECIFIC THEN MAYBE OTHER
PEOPLE COULDN'T, WOULD NOT BE ABLE TO APPLY THIS TO THEM. SO IT'S
GENERIC, PURPOSEFULLY GENERIC SO PEOPLE ACROSS THE STATE WHO MAY HAVE
BEEN APPOINTED TO A COUNTY POSITION MAY HAVE MISSED THE TIMELINE FOR
THEIR OATH CAN NOW HAVE 30 DAYS TO DO JUST THAT.
MR. RA: COULD IT -- WOULD IT BE SOMEBODY THAT IS
APPOINTED BY THE GOVERNING BODY OF A COUNTY, WHETHER IT WAS A COUNTY
LEGISLATURE OR A BOARD OF SUPERVISORS? WOULD IT BE SOMEBODY THAT'S
APPOINTED BY THE COUNTY GOVERNMENT OR LEGISLATIVE BODY?
MRS. GRIFFIN: YES, IT COULD BE SOMEONE FOR SURE,
THAT'S APPOINTED BY --
MR. RA: COULD BE, OR IT WOULD HAVE TO BE SOMEBODY
WHO IS APPOINTED IN THAT MANNER, OR ALSO BY AN EXECUTIVE.
MRS. GRIFFIN: I MEAN, I CAN'T THINK OF A SCENARIO OF
WHO ELSE WOULD BE APPOINTING THEM.
MR. RA: OKAY. AND SO NOW YOU'RE SAYING THIS IS
GENERIC --
MRS. GRIFFIN: IF YOU CAN -- IF YOU CAN HOLD FOR A
SECOND, I'M JUST GOING TO REVIEW THAT.
(PAUSE)
YEAH, SO IN THIS BILL I DON'T HAVE THAT IT'S AN ELECTED
PERSON, BUT IT LIKELY WOULD BE. BUT WE'VE USED THIS LANGUAGE BEFORE
WHERE IT'S ANY OFFICER APPOINTED TO A COUNTY POSITION. SO TYPICALLY IT
WOULD BE LIKELY THAT AN ELECTED OFFICIAL WOULD BE THE ONE THAT DID THE
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NYS ASSEMBLY JUNE 3, 2022
APPOINTING, BUT THERE COULD BE SCENARIOS WHERE THAT WOULDN'T BE THE
CASE.
MR. RA: OKAY. SO -- NOW, YOU SAID THIS IS GENERIC
AND I WOULD AGREE THAT IT'S VERY GENERIC, GENERAL LANGUAGE, AND WE
DON'T EVEN -- YOU KNOW, WE DON'T HAVE A DEFINITION EXACTLY OF WHAT IT
IS, BUT THEN IT GOES INTO A WINDOW OF DATES AND IT'S A VERY, VERY SPECIFIC
WINDOW OF DATES OF DECEMBER 15TH, 2021 TO JANUARY 31ST, 2022. SO IF
WE THINK THIS MAY BE APPLICABLE TO ANY KINDS OF DIFFERENT SITUATIONS, IS
THERE SOME SPECIFIC THING THAT WAS GOING ON IN THAT MONTH-AND-A-HALF
THAT HAPPENED THAT WE THINK WE NEED TO MAKE SURE WE CAN ENCOMPASS
FOR MANY DIFFERENT PEOPLE WHO MAY BE IMPACTED BY HAVING NOT FILED AN
OATH?
(PAUSE)
MRS. GRIFFIN: IN THIS CASE, IT MADE SENSE. I MEAN,
IF YOU -- YOU DON'T WANT THIS TO, YOU KNOW, GO ON FOR A YEAR WHERE
SOMEONE MAY HAVE MISSED THEIR OATH AND THEN THEY HAVE A COUPLE OF
MONTHS TO TAKE THEIR OATH. SO THE TIMELINE WAS A BIT PURPOSELY TO HAVE
A WINDOW WHERE, OKAY, HERE'S THE WINDOW. YOU MAY HAVE, THIS YEAR,
YOU MAY HAVE GOTTEN APPOINTED, NOW YOU HAVE 30 MORE DAYS TO DO IT.
THAT JUST MADE SENSE FOR THE BILL THAT WAS BEING DRAFTED.
MR. RA: BUT REALLY, IT'S THE WINDOW WITHIN WHICH
THE PERSON WAS APPOINTED, CORRECT? IT'S NOT THE WINDOW IN WHICH THEY
WERE SUPPOSED TO SUBMIT THE OATH, BECAUSE THE OATH HAS TO BE FILED
WITHIN 30 DAYS OF THE APPOINTMENT.
(PAUSE)
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NYS ASSEMBLY JUNE 3, 2022
MRS. GRIFFIN: YEAH, SO IT'S THE WINDOW IN WHICH
THEY WERE APPOINTED AND THEN THEY HAVE 30 DAYS AFTER THAT.
MR. RA: SO NOW UNDER -- UNDER THIS BILL IF IT WERE TO
BE PASSED HERE AND SIGNED BY THE GOVERNOR, A PERSON WHO WAS
APPOINTED DURING THAT WINDOW, RIGHT, WOULD NOW HAVE, WHAT, A NEW 30
DAY PERIOD FROM THIS BEING SIGNED INTO LAW WITHIN WHICH TO FILE THAT
OATH, OR IS IT RETROACTIVELY ACCEPTING A LATE OATH? WHAT IS THIS -- WHAT IS
THE FUNCTION OF THIS ONCE IT'S ENACTED INTO LAW?
MRS. GRIFFIN: ONCE IT'S SIGNED INTO LAW, IT WILL BE
WITHIN 30 DAYS.
MR. RA: SO I GUESS MY -- MY REMAINING QUESTIONS
ARE ABOUT THIS. SO WE SAID IT'S GENERIC, BUT IT'S A VERY NARROW WINDOW
OF TIME AND YOU'RE SAYING THIS IS NOT FOR A SPECIFIC SITUATION, THIS IS FOR
ANY -- THIS IS MADE TO BE FOR ANYBODY WITHIN THIS WINDOW OF TIME WHO
WOULD'VE BEEN APPOINTED BY ANY COUNTY IN NEW YORK STATE AND FAILED
TO FILE AN OATH OF OFFICE.
MRS. GRIFFIN: YES.
MR. RA: SO ARE YOU FAMILIAR WITH THE LITIGATION THAT'S
CURRENTLY ENSUING REGARDING THE NASSAU UNIVERSITY MEDICAL CENTER?
MRS. GRIFFIN: I'M VAGUELY FAMILIAR, AS IN I KNOW
THAT THERE IS LITIGATION. I HAVEN'T REALLY FOLLOWED THE -- BEEN REALLY TOO
BUSY TO DIVE INTO THAT -- INTO THAT ISSUE.
MR. RA: OKAY. ARE YOU AWARE THAT THERE IS A
CHALLENGE REGARDING SOMEBODY WHO WAS APPOINTED BY THE OUTGOING
COUNTY EXECUTIVE WITH REGARD TO THEM FILING AN OATH OF OFFICE CARD?
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MRS. GRIFFIN: LIKE I SAID, I REALLY -- I HAVE BEEN
BUSY HERE SO I REALLY HAVEN'T ENGAGED IN WHAT'S HAPPENING WITH NASSAU
COUNTY IN -- IN THAT RESPECT. BUT SINCE YOU BROUGHT IT UP, I WOULD SAY
THAT IF THE OUTGOING COUNTY EXECUTIVE THAT WAS ELECTED BY THE PEOPLE OF
NASSAU, IF SHE -- IF THAT'S -- IF THAT'S PART OF THIS LITIGATION, BECAUSE I
HONESTLY DON'T KNOW, I WOULD SAY YES, THAT'S PART OF THE REASON FOR THIS
BILL IF IN THAT TIME WHEN THERE'S OUTGOING NASSAU COUNTY EXEC AND
THERE'S AN INCOMING NASSAU COUNTY EXEC, THE PEOPLE ELECTED OUR
NASSAU COUNTY EXECUTIVE FOR FOUR YEARS, HER TERM WAS UP I GUESS IT
WAS JANUARY 4TH OR 7TH. SO YES, ANYONE SHE APPOINTED SHOULD BE TAKEN
IN BECAUSE THE PEOPLE OF NASSAU VOTED HER IN. NOW WE HAVE A NEW
NASSAU COUNTY EXECUTIVE. SO ANYONE THAT HE PUTS IN WHEN THERE'S A
SPOT OPEN FOR THEM, THEN HE HAS THAT -- HE HAS THAT OPPORTUNITY BECAUSE
THE PEOPLE ELECTED THAT -- THE NEW COUNTY -- NASSAU COUNTY EXECUTIVE.
MR. RA: SO I GUESS MY LAST QUESTION WITH REGARD TO
THE SPECIFICITY OF IT IS DO YOU KNOW IF THIS THEN WOULD CURE THAT FAILURE
OF THAT INDIVIDUAL TO FILE THEIR OATH OF OFFICE CARD?
MRS. GRIFFIN: I EXPECT THAT THIS BILL -- THIS BILL
WILL -- IF THERE'S SOMEONE THERE THAT THIS FITS THEIR SITUATION, YES, IT WILL
HELP THEM, AS WELL AS HELP ANYONE ELSE THAT IN A SHORT TIME PERIOD THIS
YEAR HAS MISSED TAKING THEIR OATH OF OFFICE.
MR. RA: OKAY. THANK YOU, MRS. GRIFFIN.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: SO AGAIN, I HAVE TROUBLE BELIEVING THAT THIS
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ISN'T DESIGNED FOR A VERY SPECIFIC SITUATION BECAUSE YOU HAVE GENERIC
LANGUAGE AND THEN A VERY SPECIFIC WINDOW OF TIME THAT IT PRESCRIBES.
NOW, AS I SAID, WE HAVE DONE THIS IN THE PAST FOR MAYBE AN ELECTED
OFFICIAL, I THINK WE DID ONE EARLIER THIS YEAR FOR A JUDGE, WE'VE DONE
ONE -- WE DID ONE A FEW YEARS AGO FOR A TOWN SUPERVISOR. THE BILL
SPECIFICALLY SAID WHAT IT WAS DESIGNED TO DO. IT NAMED THE
MUNICIPALITY, IT -- IT WAS VERY TRANSPARENT. THIS IS NOT TRANSPARENT AT
ALL.
SO HERE'S WHAT I SEE HERE, AND WE'VE DONE THIS A
COUPLE TIMES THIS SESSION. BACK IN THE BUDGET THERE WAS A WHOLE
BUNCH OF THINGS THAT WERE DONE BECAUSE I THINK ONE PARTY THAT CONTROLS
OUR STATE GOVERNMENT SUDDENLY DIDN'T LIKE THE PARTY THAT WAS
CONTROLLING THE COUNTY THAT I REPRESENT. AND THERE IS NO SECRET TO ANY
OF US IN NASSAU COUNTY, THINGS GOING ON WITH REGARD TO CONTROL OF OUR
HOSPITAL BOARD. THERE HAVE BEEN NUMEROUS ATTEMPTS TO TRY TO FIND
WAYS TO RETAIN CONTROL FROM THE OUTGOING PARTY. THERE WAS A BILL
PASSED DOWN THE HALL THAT WOULD HAVE CHANGED SOME OF THE
APPOINTMENTS AND THINGS OF THAT NATURE, IT DOESN'T LOOK LIKE WE'RE GOING
TO SEE THAT HERE, THANKFULLY. BUT THERE'S LITIGATION THAT'S ONGOING RIGHT
NOW AND WAS ARGUED. AND THERE'S A DECISION THAT WE'RE WAITING FOR.
AND WHAT I'M CONCERNED WITH AND WHAT I THINK IS GOING ON HERE IS THAT,
I DON'T KNOW, MAYBE THOSE ARGUMENTS DIDN'T GO TOO WELL IN COURT, BUT IT
CERTAINLY SEEMS TO ME LIKE WE'RE TRYING TO DECIDE THAT CASE IN THE STATE
LEGISLATURE BECAUSE THE RIGHT PARTY CONTROLS OUR STATE LEGISLATURE AND
OUR STATE GOVERNMENT TO MAKE SURE THAT THE OUTCOME THAT THEY'RE
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LOOKING FOR IN THAT LAWSUIT IS ACHIEVED.
I THINK THAT'S WRONG. WE KEEP SEEING THIS IN THIS BODY
THAT BECAUSE ONE PARTY CONTROLS, WE WANT TO STACK THE DECK IN A CERTAIN
WAY. WE'VE SEEN IT ON ELECTION BILLS, WHEN WE HAVE LIEUTENANT
GOVERNOR WHO SUDDENLY NEEDS TO BE REPLACED ON THE BALLOT. WELL, THE
RIGHT PEOPLE ARE THERE TO -- TO CORRECT THIS FOR HIM, SO GREAT. AND HERE
WE ARE AGAIN DOING THIS, AND -- AND SAYING THAT IT'S GENERIC, SAYING THAT
IT COULD APPLY TO -- YEAH, IT COULD APPLY TO ANYBODY WHO HAPPENED TO
BE APPOINTED BETWEEN DECEMBER 15TH, 2021 AND JANUARY 31ST, 2022.
NOW, IT'S INCUMBENT ON A PERSON WHEN THEY'RE APPOINTED TO AN OFFICE,
JUST LIKE ANY OF US WHEN WE'RE ELECTED, WE HAVE TO SIGN AN OATH OF
OFFICE. AND, YOU KNOW, WHEN IT'S AN ELECTED OFFICIAL AND PEOPLE HAVE
COME TO THE STATE LEGISLATURE AND LIKE I SAID, DONE IN A TRANSPARENT
MANNER, YEAH, YOU DON'T WANT TO UNDO THE RESULTS OF AN ELECTION. SO IT
MAKES SENSE THAT WE ALLOW THAT PERSON TO CORRECT THAT, BUT WE DO HAVE
LAWS FOR A REASON, AND THAT AN INDIVIDUAL GETS APPOINTED BY SOMEBODY
IN THE WANING DAYS IN OFFICE, AND I WANTED TO MENTION TO EVERYBODY,
PART OF THE HISTORY OF THIS WHOLE ISSUE WAS THAT A PRIOR COUNTY EXECUTIVE
HAD APPOINTED SOMEBODY AND THERE WAS THE SAME ISSUE WITH THE OATH
OF OFFICE CARD. AND I DIDN'T SEE ANY ATTEMPT TO FIX THAT COMING --
COMING FROM THIS LEGISLATURE. SO WE'RE DOING IT FOR ONE AND NOT FOR THE
OTHER.
I THINK THIS IS SOMETHING THAT IS BENEATH THIS BODY TO
BE DOING ON THE LAST DAY OF SESSION WITH ALL THE WORK THAT WE NEED TO
BE DOING. AND WE'RE ONLY DOING IT BECAUSE THE RIGHT POLITICAL PARTY
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LETTER IS NEXT TO THE NAME RUNNING THIS GOVERNMENT. SO I WOULD URGE
ALL OF MY COLLEAGUES TO VOTE IN THE NEGATIVE. OUR COUNTY ISN'T ASKING
FOR THIS, THIS IS BEING DONE, AGAIN, IN A NON-TRANSPARENT MANNER. THIS
BILL, WE'RE DOING A SENATE SUB, BUT THIS BILL WAS JUST INTRODUCED THE
OTHER DAY IN THIS HOUSE, IT WAS RUSHED THROUGH THE WAYS AND MEANS
COMMITTEE BECAUSE THE OTHER COMMITTEES WERE SHUT DOWN, AND IT'S
BENEATH THIS HOUSE TO BE DOING THIS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. GRIFFIN, WILL YOU
YIELD?
MRS. GRIFFIN: YES, I WILL.
ACTING SPEAKER AUBRY: MS. GRIFFIN YIELDS.
MR. MONTESANO: SO, MS. GRIFFIN, YOU -- YOU
ALLUDED TO THE FACT BEFORE AFTER MR. RA ASKED YOU A QUESTION THAT THIS IS
PERTAINING TO A PARTICULAR EMPLOYEE OR APPOINTEE AT NASSAU COUNTY
MEDICAL CENTER; AM I CORRECT?
MRS. GRIFFIN: WELL, IT -- IT SEEMED -- LIKE I SAID, I
AM REALLY NOT VERY WELL ENGAGED IN THE POLITICS OF NASSAU COUNTY.
MR. MONTESANO: OKAY.
MRS. GRIFFIN: WHAT I CAN SAY IS IF ANYONE WHO
WAS OUR NASSAU COUNTY EXECUTIVE IN DECEMBER AND THEY MADE AN
APPOINTMENT, THEY WERE ELECTED BY THE PEOPLE OF NASSAU COUNTY.
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MR. MONTESANO: RIGHT.
MRS. GRIFFIN: IF THEY MADE AN APPOINTMENT -- I --
I'M NOT REALLY -- I DON'T --
MR. MONTESANO: OKAY. I UNDERSTAND THAT PART --
MRS. GRIFFIN: I'M NOT EVEN INVOLVED IN THE
LITIGATION OF -- OF THAT. BUT I THINK WHOEVER MADE THE APPOINTMENT,
WHO WAS EVER IN OFFICE, THAT APPOINTMENT SHOULD GO THROUGH. AND WE
HAVE A NEW COUNTY EXECUTIVE THAT HE CAN MAKE APPOINTMENTS AS OF THE
DAY HE TOOK OFFICE.
MR. MONTESANO: RIGHT.
MRS. GRIFFIN: SO WHOEVER WAS IN FOR -- IN
DECEMBER, IT'S NOT ABOUT THEIR PARTY AT THAT TIME. THAT'S THE PERSON
WHO WAS OUR COUNTY EXECUTIVE FOR FOUR YEARS. SO THAT'S AS FAR AS I
REALLY AM INVOLVED IN --
MR. MONTESANO: WELL, I UNDERSTAND YOUR VIEW
THAT BECAUSE THE OUTGOING COUNTY EXECUTIVE MADE THE APPOINTMENT, THE
PERSON SHOULD SERVE. HOWEVER, THE APPOINTEE FAILED TO EXECUTE AN OATH
OF OFFICE AND, THEREFORE, VACATED THAT POSITION ON THEIR OWN. SO THE
NEW INCOMING COUNTY EXECUTIVE HAS THE RIGHT TO FILL THAT POSITION AGAIN.
SO MY QUESTION TO YOU WOULD BE, IF I MAY, SINCE YOU JUST INTRODUCED
THIS BILL, AT WHOSE REQUEST DID YOU INTRODUCE THIS BILL?
MRS. GRIFFIN: I WAS ASKED BY SENATOR THOMAS' --
SENATOR THOMAS' OFFICE.
MR. MONTESANO: OKAY. AND DID HE INDICATE TO
YOU WHO THE EMPLOYEE IS?
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MRS. GRIFFIN: NO.
MR. MONTESANO: OKAY. THANK YOU.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MONTESANO: THANK YOU. MR. SPEAKER,
WE'VE DEALT WITH THIS SITUATION A FEW TIMES IN MY TENURE HERE, WHICH IS
12 YEARS, WHERE WE'VE HAD SOME PUBLIC OFFICIALS ELECTED TO OFFICE FAIL
TO EXECUTE AN OATH OF OFFICE AND THEY WERE DEEMED TO HAVE VACATED
THEIR SEAT AND -- AND A BILL WAS BROUGHT BEFORE THIS HOUSE AND THE
SENATE TO CORRECT THAT PROBLEM. BUT IF MY RECOLLECTION IS CORRECT, THE
BILL DISCLOSES WHO THE INDIVIDUAL IS, WHAT POSITION THEY'RE SERVING IN
AND WHY THEY FAILED TO EXECUTE THE OATH OF OFFICE. THERE HAS TO BE
SOME REASON WHY THEY FORGOT TO DO SOMETHING OR FAILED TO DO
SOMETHING THAT THEY'RE ASKING US TO CORRECT. THIS BILL HAS NOTHING IN IT
EXCEPT A WINDOW OF TIME, AND IT'S TRYING TO GENERALIZE THAT IT'S MULTIPLE
PEOPLE INVOLVED AND IT ISN'T. AND I THINK, YOU KNOW, THERE'S -- NONE OF
THESE HAVE NO TRANSPARENCY. I THINK THAT THIS BODY IS BEING MISLED, YOU
KNOW, BY THE SPONSOR OF THIS BILL TO ACCOMPLISH A GOAL, YOU KNOW, FOR
POLITICAL REASON AND NOT, YOU KNOW, TO -- FOR JUSTICE AND FAIRNESS FOR A
PERSON THAT GOT A POSITION. BECAUSE WE'VE HAD JUDGES THAT HAVE FAILED
TO EXECUTE AN OATH OF OFFICE, AND IF THEY DIDN'T GET CORRECTED THEY'RE OUT.
WE HAVE PEOPLE IN THIS BODY THAT HAVE BEEN -- GENTLEMEN, PLEASE?
THAT WE HAVE PEOPLE ELECTED TO THIS BODY THAT IF THEY CAN'T -- IF THEY
DON'T EXECUTE THEIR OATH OF OFFICE THEY'RE OUT, THE JOB IS VACATED. SO I
DON'T SEE WHY WE SHOULD BE DOING THIS CORRECTION WHEN THE
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INFORMATION IS NOT BEING STRAIGHTFORWARD. WE HAVE NO IDEA WHY THIS
PERSON DIDN'T EXECUTE THEIR OATH OF OFFICE. WERE THEY SICK? WERE THEY
OUT OF THE COUNTRY? WERE THEY PREVENTED FROM DOING IT? DID THEY DO
IT AND SOMEBODY THREW IT IN THE GARBAGE? WE'D LIKE TO KNOW WHO THE
PERSON IS, WHAT POSITION THEY'RE SERVING IN. SO I WOULD THINK FOR ALL OF
THESE REASONS THAT THIS DOESN'T DESERVE, YOU KNOW, TO PASS IN THIS
HOUSE, THAT WE SHOULDN'T BE TAKING PART IN SOME, YOU KNOW, POLITICALLY-
MOTIVATED TYPE OF SITUATION THAT DEPRIVE THE CURRENT COUNTY EXECUTIVE
FROM MAKING THE APPOINTMENTS HE'S ENTITLED TO MAKE. THIS -- THIS
APPOINTEE THAT WAS APPOINTED BY THE PRIOR ADMINISTRATION BEFORE THEY
VACATED OFFICE BY HER OWN HAND, THEIR OWN HAND, VACATED THEIR POSITION
BY NOT EXECUTING AN OATH OF OFFICE WHICH IS THE SIMPLEST THING TO DO
WHEN YOU WALK IN ON THE FIRST DAY. THEY GIVE YOU THE OATH CARD, LIKE
WE GET IT, YOU SIGN IT, THEY NOTARIZE IT, YOU SUBMIT IT, IT'S DONE.
SO THIS IS DUE TO THE OWN PERSON'S -- THIS PERSON'S
FAILURE THAT CANNOT BE EXPLAINED TO US, AND I THINK FOR THOSE REASONS I
WILL ASK MY COLLEAGUES TO VOTE IN THE NEGATIVE AND WITH ME TO PUT A
STOP TO THIS TYPE OF ACTIVITY THAT GOES ON. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. DURSO.
MR. DURSO: THANK YOU, MR. SPEAKER -- THANK YOU,
MR. SPEAKER. WOULD THE SPONSOR YIELD FOR SOME QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MRS. GRIFFIN, WILL YOU
YIELD?
MRS. GRIFFIN: YES.
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MR. DURSO: THANK YOU, MS. GRIFFIN. I JUST HAVE A
COUPLE OF QUESTIONS, BECAUSE OBVIOUSLY I'M JUST FINISHING MY FIRST TERM.
I HAVEN'T HAD TO DEAL WITH MANY OF THESE WHICH EXTEND THE TIME FOR
SOMEONE WHO DID NOT FILL OUT THEIR OATH OF OFFICE IN TIME. IN THE PAST
HAVE BILLS -- AND YOU -- YOU'VE BEEN HERE, YOU'VE DONE SOME OF THESE,
I'M ASSUMING. YOU -- YOU HAD SAID TO MY COLLEAGUE BEFORE THAT WE
PASSED THESE BEFORE. ARE THEY USUALLY THIS BIG OR ARE THEY SPECIFIC?
MRS. GRIFFIN: I PERSONALLY HAVE NOT -- THIS IS THE
FIRST TIME I HAVE INTRODUCED A BILL LIKE THIS. BUT I -- I'M ONLY IN A TERM
BEFORE YOU SO, I DON'T HAVE A BIG TENURE HERE. BUT IN MY TENURE HERE I
AM AWARE AND OTHER PEOPLE HAVE TOLD ME THAT VARIOUS BILLS LIKE THIS
HAVE BEEN HERE -- HAVE BEEN INTRODUCED BEFORE AND HAVE PASSED. YOU
KNOW, AND I DON'T -- I DON'T KNOW OFFHAND WHICH ONES THEY WERE AND
WHAT YEAR AND WHAT -- THAT I KNOW IS TRUE THAT BILLS LIKE THIS -- THIS ISN'T
-- THIS ISN'T THE FIRST TIME THAT A BILL LIKE THIS IS BEING INTRODUCED. AND
AS IT'S BEEN EXPLAINED BY MEMBER RA AND MEMBER MONTESANO THAT,
YOU KNOW, I'M NOT EVEN AS -- AS PRIVY TO ALL THE INFORMATION IN NASSAU
COUNTY THAT THEY SEEM TO BE. BUT IF THE PERSON, ON A TECHNICALITY FOR
WHATEVER THE REASON BECAUSE I DON'T KNOW WHAT THE REASON IS, IF THEY
DIDN'T FILL OUT THEIR OATH IT SEEMS LIKE IT'S A TECHNICALITY. SO IF THAT'S
WHAT THE WHOLE LAWSUIT IN NASSAU COUNTY IS ABOUT, IT SEEMS -- I DON'T
KNOW, IT SEEMS LIKE IF THIS WAS THE PERSON THAT THE PEOPLE WHO ELECTED
LAURA -- LAURA CURRAN AS THE NASSAU COUNTY EXECUTIVE AT THE TIME SHE
WAS, SHE'S ENTITLED BASED ON BEHALF OF THE PEOPLE OF NASSAU COUNTY TO
SELECT SOMEONE. AND FOR WHATEVER THE REASON WAS, IT WAS A
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TECHNICALITY THAT THEY DIDN'T PERFORM THEIR OATH OF OFFICE. AND SO I -- I
DON'T FEEL THAT THIS IS SOME -- SOMETHING THAT'S NOT TRANSPARENT. THIS IS
SOMETHING THAT ANYONE IN THE COUNTY THAT IN THIS TIME PERIOD -- MAYBE
THEY'LL BE ANOTHER TIME WHEN THEY HAVE TO HAVE ANOTHER BILL LIKE THIS,
BUT THIS BILL IS FOR A SHORTER TIME PERIOD FOR ANYONE THAT MIGHT HAVE
FALLEN INTO THIS SITUATION.
MR. DURSO: SO JUST -- JUST JUMPING OFF OF WHAT YOU
JUST SAID, THOUGH, SO THEN -- SO THIS -- THIS BILL IS SPECIFIC TO NASSAU
COUNTY?
MRS. GRIFFIN: NO, I'M NOT SAYING IT'S SPECIFIC TO
NASSAU COUNTY, BUT I'M SAYING THERE ARE -- THIS -- IF --
MR. DURSO: IF -- IF SOMEONE IN NASSAU COUNTY
FALLS INTO THIS SUBJECT THEY WOULD FIT.
MRS. GRIFFIN: THEY -- THEY FALL IN AND THERE COULD
BE OTHER PEOPLE THAT FALL IN. THERE COULD -- BUT THIS TYPE OF -- THIS IS
SOMETHING THAT WOULDN'T MAKE SENSE TO JUST KEEP OPEN, SO IT HAS A
BEGINNING AND AN END. SO MAYBE IN TWO YEARS THERE'LL BE ANOTHER
SCENARIO AND THEN SOMEONE ELSE WOULD INTRODUCE THIS LEGISLATION AND --
MR. DURSO: BUT --
MRS. GRIFFIN: AND I WOULD KEEP THIS OPEN.
MR. DURSO: -- IN THAT -- IN THAT SAME VEIN, SO
WOULDN'T -- BUT WOULDN'T THAT BE A SPECIFIC SCENARIO, THEN? I MEAN, THIS
-- AND -- AND THE REASON WHY I ASK IS BECAUSE THIS IS VERY GENERAL, AND
AS MY COLLEAGUE HAD STATED THE DATES OF JANUARY 1ST, 2022 THROUGH
MARCH 31ST, 2022 ARE OBVIOUSLY VERY SPECIFIC DATES. SO WITH THE
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GENERALITY OF THE LANGUAGE IN THIS BILL, IF THERE'S ANYBODY ELSE
THROUGHOUT THE STATE OF NEW YORK THAT DID NOT FILE THEIR OATH OF OFFICE
IN TIME AND FITS WITHIN THIS DATE, IT DOESN'T MATTER WHERE IN THE STATE OF
NEW YORK THEY ARE BECAUSE THE LANGUAGE OF THIS BILL IS SO, YOU KNOW,
SO BROAD, WOULD THEY ALL FIT INTO THIS CATEGORY?
M.
MRS. GRIFFIN: I WOULDN'T KNOW THE ANSWER TO THAT,
BUT WHAT -- WHAT -- WHAT I'VE BEEN TOLD IS THIS HAS BEEN DONE BEFORE
WITH A -- A SMALL WINDOW, A SPECIFIC TIMELINE JUST BECAUSE THAT MAKES
MORE SENSE FOR LEGISLATION LIKE THIS. SO IF THERE ARE PEOPLE AND THERE
ARE OTHER PEOPLE ACROSS THE STATE THAT FIT INTO THIS TIMELINE, THE -- THEN
THEY CAN -- THEY CAN TAKE ADVANTAGE OF THIS AS WELL.
MR. DURSO: SO THAT -- SO -- SO THIS IS, LIKE I SAID,
IT'S A BROAD BILL -- BILL SO THAT IF ANYBODY FALLS WITHIN THIS TIME PERIOD
THROUGHOUT NEW YORK STATE BECAUSE THIS BILL THAT YOURSELF AND -- AND
SENATOR THOMAS CARRY, THEY FALL INTO THAT CATEGORY, THEY CAN
AUTOMATICALLY THEN BE INCLUDED WITHIN THIS LANGUAGE?
MRS. GRIFFIN: YES.
MR. DURSO: OKAY. SO AND AGAIN, JUST FOR THE
LEGISLATIVE RECORD, THIS BILL AS FAR AS YOU KNOW AND YOU'RE INTRODUCING IT
HERE IN THE ASSEMBLY, IT'S NOT SPECIFIC TO A COUNTY POSITION WITHIN
NASSAU COUNTY?
MRS. GRIFFIN: IT'S NOT SPECIFIC TO ANY ONE SCENARIO.
BUT DIFFERENT PEOPLE -- YOU KNOW, THAT --
MR. DURSO: WELL, I --
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MRS. GRIFFIN: -- JOB IS GENERIC. ANYONE IN NEW
YORK STATE COULD -- THIS COULD -- THEY COULD FALL INTO THIS.
MR. DURSO: RIGHT.
MRS. GRIFFIN: THIS DATE TIME FRAME.
MR. DURSO: THE -- THERE'S A REASON WHY I ASK YOU,
IT'S JUST OBVIOUSLY WE GET CALLS TO OUR OFFICE ALL THE TIME, EVERYBODY IN
HERE. IT GIVES US IDEAS FOR BILLS. RIGHT? SO THAT'S WHERE THE GENESIS OF
A BILL COMES FROM. THIS SEEMS TO KIND OF POP OUT OF THIN AIR. I MEAN,
THERE'S -- THERE'S NO SPECIFIC PERSON, COUNTY, POSITION OR ANYTHING
WITHIN THIS BILL. IT'S LITERALLY JUST LANGUAGE OF THIS DATE TIMELINE.
ANYBODY THROUGHOUT NEW YORK STATE THAT FALLS IN THIS TIMELINE THAT
JUST DECIDED, HEY, I DIDN'T WANT TO FILL OUT MY OATH OF OFFICE, AS MY
COLLEAGUE SAID THEY WEREN'T SICK, THEY WEREN'T IN THE HOSPITAL, THERE
WASN'T A -- AN EXTENUATING CIRCUMSTANCE, WE'RE JUST LEAVING IT UP FOR
GRABS FOR EVERYBODY. AND -- AND AGAIN, LIKE I SAID, SO THERE'S NO
GENESIS OF THIS BILL TO YOUR UNDERSTANDING. YOU -- YOU WERE NOT
CONTACTED AND SAY, HEY, I NEED THIS BILL PUT THROUGH.
MRS. GRIFFIN: EXCUSE ME. THIS -- YOU KNOW,
SOMETIMES YOU HAVE A BILL -- I HAD BILLS THAT I REALLY WANTED TO GET TO
THE FLOOR IF THEY WERE BILLS THAT WERE MY IDEA. THIS BILL WAS A SAME-AS,
WHICH SOMETIMES THAT HAPPENS. A SENATOR SAYS, HEY, DO YOU WANT TO
TAKE THIS BILL? HE'S LOOKING FOR ANOTHER NASSAU COUNTY MEMBER
BECAUSE HE KNOWS ME. I, YOU KNOW, I -- I DEAL -- DO A LOT OF BILLS WITH
NASSAU COUNTY SENATORS SO, YOU KNOW, IT MAKES SOME -- THEY OFTEN
COME TO ME WHEN THEY --
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MR. DURSO: SO THE SENATOR BROUGHT IT TO YOU,
YOU'RE CARRYING IT IN THE ASSEMBLY --
MRS. GRIFFIN: YEAH, YEAH.
MR. DURSO: IS WHAT YOU'RE SAYING.
MRS. GRIFFIN: YEAH. SO I -- I WASN'T INVOLVED IN
THE GENESIS OF THIS BILL.
MR. DURSO: OKAY. SO IT -- SO -- SO THIS IS FOR AN
ELECTED POSITION, THIS SPECIFIC BILL?
MRS. GRIFFIN: THIS IS -- THIS IS FOR AN ELECTED
OFFICIAL WHO MAKES AN APPOINTMENT.
MR. DURSO: OKAY. SO -- BUT THE BILL SPECIFICALLY
STATES TO SOMEONE NOT FILLING OUT THE OATH OF OFFICE, CORRECT?
MRS. GRIFFIN: RIGHT, RIGHT.
MR. DURSO: SO DO WE KNOW WHO SPECIFICALLY? IS
IT AN ELECTED OFFICIAL OR IS IT AN APPOINTED OFFICIAL, SPECIFICALLY FOR THIS
BILL?
MRS. GRIFFIN: WELL, IN ONE SCENARIO THAT HAS BEEN
MENTIONED HERE TONIGHT IT -- IT IS A SCENARIO OF A NASSAU COUNTY
EXECUTIVE, THE PRIOR NASSAU COUNTY EXECUTIVE WHO -- AND THE PERSON
THAT SHE SELECTED. AND I DON'T KNOW, THAT'S ONE SCENARIO AND THAT
PERSON, I HAVE NO IDEA IF THAT -- WHAT THE REASON IS -- IF THEY -- FOR THEM
NOT TAKING THE OATH OF OFFICE. BUT THEY WERE SOME -- SOMEONE THAT
CLEARLY -- IF THEY'RE CLEARLY APPOINTED BY AN ELECTED OFFICIAL, AND I DON'T
-- I DON'T KNOW THE ANSWER TO WHY THEY DIDN'T TAKE THE OATH OF OFFICE,
BUT NOW THIS IS -- THIS BILL GIVES THEM AN OPPORTUNITY. AND ONE OF THE
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THINGS I DO KNOW IS THAT THIS ISN'T THE FIRST TIME WE HAD A BILL LIKE THIS.
THERE'S -- THERE'S BEEN OTHER BILLS LIKE THIS FOR OTHER -- OTHER TIMES,
OTHER PLACES, OTHER SITUATIONS.
MR. DURSO: AND I COMPLETELY UNDERSTAND THAT.
AND LIKE YOU HAVE SAID AND OTHER OF MY COLLEAGUES HAVE SAID, WE'VE
DONE THESE BILLS BEFORE BUT THEY'RE USUALLY SPECIFIC TO A COUNTY OFFICIAL,
A -- A ELECTED -- YOU KNOW, A -- AN APPOINTED POSITION IN A VILLAGE OR
SOMEWHERE OUT THROUGHOUT THE STATE. AGAIN, NOBODY'S NAMED IN THIS,
NOT A COUNTY, NOT A TOWN, NOT A VILLAGE. NOTHING. SO AGAIN, IT'S JUST
VERY GENERAL. SO JUST ONE QUICK QUESTION ABOUT THE GENESIS OF THE BILL
SINCE YOU SAID IT WASN'T BROUGHT TO YOUR ATTENTION FROM ANYBODY ELSE
OTHER THAN IT BEING THE SAME-AS AND THE SENATOR CARRYING IT. SO WHEN
YOU SPOKE TO SENATOR THOMAS, DID HE HAPPEN TO SAY WHAT THIS BILL WAS
ABOUT OR HE JUST ASKED YOU IF YOU COULD CARRY IT IN THE ASSEMBLY?
MRS. GRIFFIN: YEAH. I MEAN, HE -- HIS OFFICE
ACTUALLY CALLED MY OFFICE AND SAID, DOES -- YOU KNOW, DOES JUDY WANT
TO CARRY --
MR. DURSO: JUST CARRY THIS.
MRS. GRIFFIN: -- CARRY THE BILL? YEAH.
MR. DURSO: RIGHT.
MRS. GRIFFIN: AND SO I SAID YES.
MR. DURSO: OKAY. LET ME JUST CHECK WHILE I HAVE
-- FOR ONE MORE SECOND. I DO APOLOGIZE.
MRS. GRIFFIN: NO PROBLEM.
MR. DURSO: JUST LET ME SEE IF I HAVE ANY OTHER
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NYS ASSEMBLY JUNE 3, 2022
QUESTIONS. NO, MS. GRIFFIN, I APPRECIATE YOUR TIME ANSWERING MY
QUESTIONS.
MRS. GRIFFIN: OKAY.
MR. DURSO: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. DURSO: SO AGAIN, LIKE I HAD SAID TO MY
COLLEAGUE HERE, AND AGAIN THANK YOU FOR TAKING MY QUESTIONS, I'VE --
THIS IS JUST MY FIRST TERM SO I HAVEN'T SEEN A LOT OF THESE BILLS. BUT JUST
LOOKING THROUGH BILLS THAT WE LOOK AT EVERY DAY AND LOOKING AT THIS ONE,
I MEAN, THIS IS VERY BROAD. I MEAN, THERE'S -- THERE'S LITERALLY -- WE'RE
DOING A STATEWIDE BILL HERE THAT IS FOR EVERYBODY THAT DECIDED NOT TO DO
WHAT THEY WERE SUPPOSED TO DO. THIS IS NOT SPECIFIC TO ANY TOWN,
COUNTY, VILLAGE. I MEAN, LISTEN, WE'VE ALL HEARD THE DEBATE SO FAR. WE
ALL KNOW WHAT THIS IS ABOUT. I MEAN, I'M SURPRISED THAT I DIDN'T GET AN
ACCIDENTAL E-MAIL ASKING ME IF I THOUGHT THIS WAS A GOOD IDEA.
SO, I MEAN, ONCE AGAIN, WE'RE SUPPOSED TO BE
TRANSPARENT IN THIS CHAMBER. WE'VE TALKED ABOUT IT A HUNDRED TIMES IN
HERE. WE'RE SUPPOSED TO BE WORKING TOGETHER AND DOING THINGS FOR THE
RIGHT REASONS, AND TRANSPARENCY IS ONE OF THEM. I'VE ACTUALLY HEARD THE
GOVERNOR HERSELF SAY THAT SHE'S GOING TO BE THE MOST TRANSPARENT
GOVERNOR. WELL, IF SHE SIGNED THIS, I MEAN, SHE MIGHT AS WELL DO IT IN
THE DARK OF THE NIGHT, KIND OF LIKE WE'RE AT NOW, ALMOST 12:00 O'CLOCK AT
NIGHT WHEN WE'RE TRYING TO PASS THIS BILL THAT HAS NOBODY NAMED
SPECIFICALLY IN IT, NO POSITION NAMED IN IT. THE SPONSOR DOESN'T KNOW
WHY SHE'S CARRYING IT. THE SENATOR DIDN'T SPEAK TO HER ABOUT IT. AND I,
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NYS ASSEMBLY JUNE 3, 2022
AGAIN, DIDN'T GET ANY E-MAILS FROM PARTY BOSSES ASKING ME IF I THOUGHT
THIS WAS A GOOD IDEA.
SO I'M GOING TO VOTE NO. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MIKULIN.
MR. MIKULIN: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. GRIFFIN?
MRS. GRIFFIN: SURE.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. MIKULIN: LET'S JUST GO BACK WITH -- BECAUSE,
YOU KNOW, IT'S KIND OF HARD TO UNDERSTAND HERE. WHY HAVE YOU
PROPOSED THIS PIECE OF LEGISLATION?
MRS. GRIFFIN: CAN YOU REPEAT THAT? I CAN'T HEAR
YOU.
MR. MIKULIN: WHY HAVE YOU PROPOSED THIS PIECE
OF LEGISLATION?
MRS. GRIFFIN: YOU KNOW, IT'S INTERESTING THAT
THERE'S SO MUCH, IT'S NOT TRANSPARENT, THERE MUST BE SOME BIG MYSTERY
TO THIS. THIS IS SOMETHING THAT HAPPENED. THERE -- THERE HAVE BEEN
BILLS HERE THAT ARE GENERIC BILLS THAT COVER ANYONE IN A SITUATION. THEN
THERE ARE OTHER BILLS THAT ARE SPECIFIC SOMETIMES THAT COME ACROSS
WHERE IT'S SPECIFIC TO A CERTAIN TOWN OR A CERTAIN CITY, JUST A CERTAIN ONE
COUNTY. SO THESE -- THIS HAS BEEN DONE BEFORE. THE TIMELINE OF THREE
MONTHS IS ALSO PRETTY ROUTINE. SO THERE'S ROUTINE MATTERS THAT -- YOU
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KNOW, THIS IS SOMETHING THAT -- I -- I WASN'T THE ONE THAT DRAFTED THIS
BILL, BUT THERE ARE CERTAIN PROTOCOLS THAT TAKE PLACE. SO IF YOU WERE
INVOLVED IN BILL DRAFTING AND HAVING BILLS HERE YOU WOULD LEARN THAT --
SOMETIMES I HAVE A BILL, I THINK IT'S A GREAT IDEA AND THEN I'M TOLD, OH,
IT HAS TO BE DONE THIS WAY OR IT HAS TO BE DONE THAT WAY BECAUSE THERE'S
A CERTAIN WAY THINGS ARE DONE. SO THE THREE-MONTH WINDOW IS JUST A
GENERAL TIME FRAME. THREE MONTHS. IT'S NOT LIKE OH, IT -- THERE'S SOME
OTHER MYSTERY AND SOMETHING ELSE MUST BE GOING ON. IN THIS CASE IT'S
GENERAL BECAUSE THERE ARE --
MR. MIKULIN: ALL RIGHT.
MRS. GRIFFIN: -- DIFFERENT PEOPLE ACROSS THE STATE
THAT COULD BE INVOLVED.
MR. MIKULIN: ALL RIGHT.
MRS. GRIFFIN: SO, THAT'S MY ANSWER TO THAT.
MR. MIKULIN: IN THE BEGINNING OF THIS, THOUGH,
YOU DID MENTION WHEN ONE OF MY COLLEAGUES ASKED, YOU DID MENTION
WHY ARE WE DOING THIS AND YOU SAID THAT THERE WAS SOME SPECIFIC
SITUATIONS ACROSS THE STATE AND YOU DID MENTION EVEN BEFORE IT WAS
MENTIONED TO YOU, ONE IN NASSAU COUNTY. AND THEN YOU SAID THAT YOU
DIDN'T REALLY KNOW ABOUT IT. SO CAN YOU JUST CLARIFY THAT FOR US?
MRS. GRIFFIN: WELL, I -- THIS IS -- UM, THERE -- THERE
-- IT COULD BE SPECIFIC TO NASSAU COUNTY, IT COULD BE THROUGHOUT THE
STATE. SO THIS BILL, SENATOR THOMAS ASKED ME TO CARRY IT, SO LIKELY, YOU
KNOW, FOR HIM IT -- SOMEONE FROM NASSAU COUNTY ASKED HIM, BUT I
DON'T KNOW THAT FOR A FACT, BUT THAT WOULD MAKE SENSE.
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MR. MIKULIN: BUT WHEN YOU --
MRS. GRIFFIN: BUT WHY THIS BILL IS DONE -- DONE
LIKE THIS IS IT COULD BE SOMEONE FROM NASSAU COUNTY, BUT THERE ALSO
COULD BE SOMEONE THAT WAS APPOINTED THROUGH, IN THIS CASE, FOR THIS
BILL, A DECISION WAS MADE TO MAKE --
MR. MIKULIN: SO WHEN --
MRS. GRIFFIN: -- A GENERIC BILL TO INCLUDE ANYONE
THAT MIGHT HAVE FALLEN INTO THIS SITUATION --
MR. MIKULIN: SO WHEN --
MRS. GRIFFIN: -- OF BEING APPOINTED TO OFFICE BUT
NOT TAKING THEIR OATH OF OFFICE FOR WHATEVER REASON.
MR. MIKULIN: SO WHEN YOU PROPOSED THIS PIECE OF
LEGISLATION, THEN, YOU HAD -- WHAT IDEA DID -- DID YOU HAVE BECAUSE
THERE WAS A SPECIFIC DATE INCLUDED WITH IT.
MRS. GRIFFIN: LIKE I SAID, I DIDN'T DRAFT THIS.
SOMETIMES, YOU KNOW, IF YOU -- YOU KNOW, YOUR -- YOUR SIDE OF THE
AISLE ISN'T VERY INVOLVED IN THIS PART OF THE LEGISLATION HERE. SO
SOMETIMES THE LEGISLATION IS YOUR VERY OWN IDEA, YOU WORK WITH PEOPLE
IN THE ASSEMBLY STAFF AND YOU DRAFT A BILL AND YOU HAVE THE IDEA. IN
THIS CASE IT DIDN'T COME FROM ME. THAT'S WHAT SENATOR THOMAS AND HIS
STAFF DID. SO THERE WAS NO -- I, JUDY GRIFFIN, DID NOT HAVE AN IDEA AND
-- AND THEN BROUGHT THIS UP. THIS WAS SOMETHING THAT I AGREED TO CARRY
BECAUSE SENATOR THOMAS ASKED ME.
MR. MIKULIN: SO -- SO YOU'RE SAYING THAT YOU --
YOU DIDN'T HAVE THE IDEA, BUT THEN WHY DID YOU BRING IT UP? YOU'RE
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SAYING THAT --
MRS. GRIFFIN: YOU'RE TALKING VERY LOW. IF YOU
COULD SPEAK A LITTLE LOUDER.
MR. MIKULIN: YOU ARE SAYING THAT YOU DID NOT
HAVE AN IDEA OF WHAT THIS PIECE OF LEGISLATION --
MRS. GRIFFIN: NO, I --
MR. MIKULIN: -- STATED OR -- OR YOU DIDN'T HAVE AN
IDEA ABOUT IT. SO THEN --
MRS. GRIFFIN: NO, I --
MR. MIKULIN: -- WHY DID YOU PROPOSE IT?
MRS. GRIFFIN: I THINK YOU MISUNDERSTOOD. I MEANT
THIS -- THIS LEGISLATION I'M DOING A SAME-AS. SO I DIDN'T GENERATE THIS --
THIS LEGISLATION.
MR. MIKULIN: BUT WHETHER OR NOT YOU'RE DOING A
SAME-AS OR NOT, I MEAN I -- I WOULD EXPECT THAT YOU WOULD KNOW WHAT'S
IN THE BILL AND WHY IT IS YOU'RE PROPOSING THAT PIECE OF LEGISLATION.
MRS. GRIFFIN: YEAH, I HAVE A -- A GENERAL IDEA
WHY THIS WAS BEING PROPOSED.
MR. MIKULIN: AND -- AND --
MRS. GRIFFIN: I DON'T KNOW ALL THE --
MR. MIKULIN: -- WHAT WAS THAT GENERAL IDEA?
MRS. GRIFFIN: YEAH, I HAVE A GENERAL IDEA. WHICH
IS -- IS WHAT I ALREADY SAID. AND THE OTHER MEMBERS THAT HAVE SPOKEN
TONIGHT SEEM TO KNOW --
MR. MIKULIN: AND THAT -- AND THAT --
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MRS. GRIFFIN: -- MUCH MORE ABOUT NASSAU COUNTY
POLITICS.
MR. MIKULIN: OKAY.
MRS. GRIFFIN: I'M -- I DON'T.
MR. MIKULIN: SO THAT GENERAL IDEA HAD NOTHING TO
DO WITH NUMC AND -- AND WHAT HAPPENED WITH -- WITH THAT BOARD?
MRS. GRIFFIN: IT -- IT VERY WELL COULD HAVE. YOU
KNOW, IT VERY WELL COULD HAVE. YOU KNOW, I ALREADY SAID THAT. I
ALREADY -- I ALREADY STATED THAT I DON'T -- I HAVEN'T TAKEN A DEEP -- DEEP
DIVE --
MR. MIKULIN: SO -- SO THEN --
MRS. GRIFFIN: -- INTO WHAT'S GOING ON IN NASSAU
COUNTY.
MR. MIKULIN: SO THEN WHY IS IT -- THIS HAPPENED IN
NASSAU COUNTY ON THE NUMC BOARD IN THE SPECIFIC TIME FOR WHICH THIS
BILL STATES. SO THEN WHY WOULDN'T WE PUT THE ACTUAL PERSON, THEIR
POSITION AND WHAT HAD HAPPENED AND WHY THAT PERSON FAILED TO FILE THE
OATH OF OFFICE?
MRS. GRIFFIN: THAT SEEMS LIKE AN AWFUL LOT OF
INFORMATION FOR LEGISLATION THAT ISN'T BEING DONE FOR ONE SITUATION. THIS
LEGISLATION WAS PURPOSELY MADE GENERIC FOR -- TO BE ABLE TO INCLUDE
OTHER PEOPLE THAT MAY FIT INTO THIS PROFILE. AS I SAID, THIS IS THE FIRST
TIME I'M CARRYING LEGISLATION LIKE THIS. BUT WHAT I'M TOLD IS THEY -- WE
HAVE HAD OTHER LEGISLATION LIKE THIS. I DON'T EVER KNOW IF THEY
SPECIFICALLY IN THIS SITUATION NAMED --
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MR. MIKULIN: ALL RIGHT -- I -- I THINK THAT'S FROM
OUR OTHER COLLEAGUES THAT HAVE --
MRS. GRIFFIN: -- A PERSON. AND NAMED THE --
MR. MIKULIN: -- STATED THAT IT -- IT HAS IN THE PAST
AND IT JUST SEEMS TO BE SUCH A LOCAL ISSUE THAT THIS SHOULD HAVE BEEN
MADE EVEN A LOCAL BILL BECAUSE IT'S QUITE SPECIFIC TO THE SAME SITUATION
IN A COUNTY YOU AND I BOTH REPRESENT.
MRS. GRIFFIN: YEAH. THIS --
MR. MIKULIN: WHEREAS -- DO WE HAVE ANY OTHER
KNOWLEDGE OF ANYWHERE ELSE IN THE STATE WHERE THIS APPLIES?
MRS. GRIFFIN: YEAH. YEAH. I -- I FEEL LIKE -- IT'S A
LITTLE HARD TO HEAR YOU, SO MAYBE IF YOU GET CLOSER TO YOUR MICROPHONE.
BUT OTHER THAN THAT IT SEEMS LIKE YOU'RE ASKING THE SAME QUESTIONS THAT
THE OTHER MEMBERS HAVE ASKED.
MR. MIKULIN: OKAY.
MRS. GRIFFIN: AND I ANSWERED THEM.
MR. MIKULIN: WELL, IT -- IT JUST SEEMS LIKE TO ME
YOU HAVEN'T ANSWERED THEM BECAUSE WE DON'T HAVE ANY CLARITY TO
ACTUALLY JUST (INAUDIBLE) FOR WHY IT WAS PROPOSED.
MRS. GRIFFIN: YEAH, I DON'T HAVE THE SPECIFICS ON
WHY IT WAS PROPOSED AND THAT -- I ALREADY -- I ALREADY STATED THAT.
MR. MIKULIN: BUT IF YOU DON'T HAVE THE SPECIFICS
THEN WHY ARE YOU PROPOSING IT?
MRS. GRIFFIN: I ANSWERED THAT ALREADY. SO IT'S THE
SAME ANSWER THAT I SAID ABOUT FOUR TIMES ALREADY.
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MR. MIKULIN: THANK YOU.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MIKULIN: THIS IS QUITE OBVIOUS. AND IF YOU
ARE LISTENING HERE IN THE CHAMBER WE KNOW THAT THIS IS A LOCAL ISSUE
THAT IS COMING UNAMBIGUOUSLY INTO THIS HOUSE SIMPLY FOR A POLITICAL
REASON. WE IN THIS BODY, JUST BECAUSE ONE SIDE DOES NOT LIKE THE
RESULTS OF AN ELECTION SHOULDN'T MEAN THAT THEY CONTINUALLY TRY TO TAKE
CONTROL OF WHAT IT IS THAT THEY HAD LOST. THIS IS A SPECIFIC SITUATION
REGARDING NUMC, REGARDING THE BOARD, AND YET WE'RE HERE AND NOBODY
IS ADMITTING -- OR THE SPONSOR IS NOT ADMITTING WHAT IT ACTUALLY IS. SHE
CLAIMS THAT SHE DOESN'T KNOW. WELL IF YOU DON'T KNOW WHAT IT IS, WHY
ARE YOU PROPOSING THE LEGISLATION TO BEGIN WITH?
SO WITH ALL DUE RESPECT I ASK MY COLLEAGUES TO VOTE IN
THE -- THE NEGATIVE BECAUSE THIS IS NOT TRANSPARENT AND THIS IS NOT WHAT
GOOD GOVERNMENT DOES. THANK YOU SO VERY MUCH. I VOTE IN THE
NEGATIVE.
ACTING SPEAKER AUBRY: MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR PLEASE YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MS. GRIFFIN, WILL YOU
YIELD?
MRS. GRIFFIN: YES. YES.
ACTING SPEAKER AUBRY: MS. GRIFFIN, THAT IS A
QUESTION.
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MRS. GRIFFIN: YES, I WILL.
ACTING SPEAKER AUBRY: OKAY.
MR. GANDOLFO: OKAY. THANK YOU. SO JUST SO I'M
CLEAR, THIS -- THIS IS A STATEWIDE BILL, CORRECT, IT'S NOT A LOCAL BILL?
MRS. GRIFFIN: YES.
MR. GANDOLFO: OKAY. AND YOU'VE MENTIONED
BEFORE THAT IT'S A GENERIC BILL, BUT I'M -- I'M READING IT AND SEEMS BOTH
GENERIC AND ODDLY SPECIFIC. DO YOU -- IT WOULD ALLOW ANY OFFICER
APPOINTED TO A COUNTY POSITION IN THE STATE OF NEW YORK AS OF
DECEMBER 15TH, 2021 THROUGH JANUARY 31ST, 2022 IF THEY FAILED TO FILE
THEIR OATH OF OFFICE TO CONTINUE SERVING WHEN THEY FILE IT. DO YOU KNOW
HOW MANY COUNTY OFFICERS WERE APPOINTED DURING THAT TIME PERIOD
THROUGHOUT THE STATE?
MRS. GRIFFIN: NO.
MR. GANDOLFO: OKAY. ARE YOU AWARE OF ANY THAT
WERE APPOINTED DURING THAT TIME PERIOD?
MRS. GRIFFIN: NO.
MR. GANDOLFO: YOU'RE --
MRS. GRIFFIN: I MEAN, I'M -- OF COURSE PEOPLE
WERE APPOINTED TO OFFICE BUT I DON'T HAVE A NUMBER.
MR. GANDOLFO: OKAY. SO SOME PEOPLE. YOU --
YOU'RE JUST NOT SURE OF ANY SPECIFIC PEOPLE WHO MIGHT HAVE BEEN
APPOINTED TO COUNTY OFFICE DURING THROUGH DECEMBER 15TH, 2021
THROUGH JANUARY 31ST, 2022? OKAY. ALL RIGHT. NOT AWARE OF ANYONE.
SO IF IT'S A STATEWIDE BILL, I MEAN, IF IT'S A SPECIFIC TIME PERIOD I'M JUST
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NOT UNDERSTANDING THE PURPOSE OF IT. DO YOU KNOW IF THE SENATOR JUST
WOKE UP AND THOUGHT, JUST IN CASE SOMEONE THROUGHOUT THE STATE OF
NEW YORK DID NOT FILE THIS OATH MAYBE WE SHOULD JUST OPEN UP THIS VERY
SHORT SPECIFIC WINDOW AND APPLY IT STATEWIDE?
MRS. GRIFFIN: YEAH, AS -- AS I SAID BEFORE, THIS IS
TYPICAL OF LEGISLATION FOR SITUATIONS OF -- OF -- THEY HAVE HAD THESE
BEFORE AND THIS IS TYPICAL THAT IT WOULD BE A WINDOW, A TIMELINE THAT IS
A SHORT WINDOW.
MR. GANDOLFO: YEAH, I -- I KNOW WE'VE DONE
LEGISLATION LIKE THIS BEFORE, ACTUALLY THIS YEAR FOR THE NEW YORK CITY
COMPTROLLER, BUT THAT BILL WAS MUCH MORE TRANSPARENT. WE KNEW WE
WERE DOING IT FOR THE NEW YORK CITY COMPTROLLER, I BELIEVE IT WAS
REFERENCED EITHER IN THE BILL TEXT OR THE BILL MEMO. SO I'M JUST CURIOUS,
WHY IS NO SPECIFIC PERSON MENTIONED HERE?
MRS. GRIFFIN: WHAT WAS THAT QUESTION?
MR. GANDOLFO: WHEN WE DID THIS BILL FOR THE
NEW YORK CITY COMPTROLLER EARLIER IN THE YEAR IT WAS VERY SPECIFIC TO
THAT POSITION AND TO THAT INDIVIDUAL. SO YOU REFERENCED THAT WE'VE DONE
THIS BEFORE, BUT WHEN WE'VE DONE IT THEY'VE BEEN MUCH MORE TARGETED
AND SPECIFIC, WHERE THIS APPLIES TO REALLY, ACCORDING TO YOU BECAUSE
YOU DON'T KNOW OF ANYONE WHO WAS APPOINTED, IT APPLIES TO NO ONE. SO
WHY DO WE DO -- AND I'M JUST -- BECAUSE I'M A SUFFOLK COUNTY PERSON, I
DON'T KNOW OF ANYONE IN SUFFOLK COUNTY THIS WOULD APPLY TO SO I -- I'M
JUST TRYING TO GET A BETTER IDEA OF WHAT EXACTLY I'M VOTING ON.
MRS. GRIFFIN: WELL, FOR ONE THE -- THE CITY BILL DID
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NOT -- IT MIGHT BE ANOTHER CITY BILL YOU'RE SPEAKING ABOUT THAT NAMED A
PERSON. BUT THE CITY ONE WASN'T SPECIFIC TO ONE PERSON.
MR. GANDOLFO: OKAY. SO I THOUGHT MAYBE THE
SPONSOR WAS JUST A LITTLE MORE FORTHCOMING.
MRS. GRIFFIN: YES.
MR. GANDOLFO: MR. SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GANDOLFO: WE HAVE HERE POSSIBLY ONE OF THE
MOST GENERIC BUT ALSO STRANGELY SPECIFIC BILLS I THINK ANYONE'S EVER
SEEN. I THINK EVERYONE KIND OF KNOWS WHAT'S GOING ON HERE. THERE
WAS AN APPOINTMENT MADE IN NASSAU COUNTY. THE SPONSOR SEEMS TO
BE PLEADING THE FIFTH ON THAT OR KNOWING THAT PERSON EVEN EXISTS.
SOMETHING'S JUST EXTREMELY FISHY WITH THIS BILL. I DON'T THINK THE
SPONSOR WANTS TO ADMIT IT. MAYBE SOME OF HER OTHER NASSAU
COLLEAGUES COULD SHINE A LIGHT ON IT, BUT I JUST HAVE NO IDEA WHAT'S
GOING ON HERE WITH THIS. I'M GOING TO HAVE TO VOTE IN THE NEGATIVE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. LAWLER.
MR. LAWLER: YES. THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
MRS. GRIFFIN: YES.
MR. LAWLER: THANK YOU. SO, EARLIER THIS YEAR
SPEAKER HEASTIE INTRODUCED A BILL THAT WAS TO ADDRESS WHAT WAS WIDELY
REPORTED AS A SITUATION WITH THE NEW YORK CITY COMPTROLLER AND HIS
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FAILURE TO FILE CERTAIN OATHS OF OFFICE IN THE CITY OF NEW YORK WITH THE
CITY CLERK. AND I -- I JUST WANT TO READ THE LANGUAGE WITHIN THAT BILL
AND THEN WE'LL GET TO YOUR BILL. SO, UNDER THAT BILL --
MRS. GRIFFIN: THAT'S ON THE BILL THEN? SO --
MR. LAWLER: NO.
MRS. GRIFFIN: I'LL SIT BACK DOWN.
MR. LAWLER: YOU CAN SIT, THAT'S FINE. I'LL JUST READ
IT FOR THIS PURPOSE. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE
CONTRARY, ANY DULY-ELECTED OR APPOINTED OFFICER OR OFFICERS WITHIN ANY
CITY IN THE STATE OF NEW YORK AS OF JANUARY 1ST, 2022 THROUGH MARCH
31ST, 2022 WHO FAILED TO TAKE OR FILE THEIR OATH OF OFFICE OR OFFICIAL
UNDERTAKING WITHIN THE STATUTORY PROSCRIBED PERIOD SHALL BE PERMITTED
TO CONTINUE TO SERVE IN SUCH CAPACITY FOR THE DURATION OF THEIR TERM
UPON THE TAKING AND FILING OF THEIR REQUIRED OATH OF OFFICE OR OFFICIAL
UNDERTAKING CONSISTENT WITH SECTIONS 10 AND 11 OF THE PUBLIC OFFICER'S
LAW WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ACT. SUCH ELECTED AND
APPOINTED OFFICERS WHO HAVE TAKEN AND FILED THEIR OATH OF OFFICE OR
OFFICIAL UNDERTAKING SHALL BE DEEMED TO HAVE BEEN CONTINUOUSLY
SERVING IN OFFICE AS OF JANUARY 1ST, 2022 OR THE DATE PROSCRIBED BY
THEIR ELECTION THROUGH MARCH 31ST, 2022. THIS ACT SHALL TAKE EFFECT
IMMEDIATELY. I BELIEVE WE PASSED THIS ROUGHLY ON MARCH 28TH. IT WAS
WIDELY REPORTED WHAT THAT WAS ABOUT BECAUSE THE NEW YORK CITY
COMPTROLLER REQUESTED THIS BODY TO ACT, SO THE SPEAKER AND THE SENATE
MAJORITY LEADER INTRODUCED THAT. YOUR BILL IS A LITTLE DIFFERENT. YOUR
BILL SAYS, NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY
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NYS ASSEMBLY JUNE 3, 2022
ANY OFFICER APPOINTED TO A COUNTY POSITION IN THE STATE OF NEW YORK AS
OF DECEMBER 15TH, 2021 THROUGH JANUARY 31ST, 2022 WHO FAILED TO
TAKE OR FILE THEIR OATH OF OFFICE OR OFFICIAL UNDERTAKING WITHIN THE
STATUTORY PROSCRIBED PERIOD SHALL BE PERMITTED TO CONTINUE TO SERVE IN
SUCH CAPACITY FOR THE DURATION OF THEIR TERM UPON THE TAKING AND FILING
OF THEIR REQUIRED OATH OF OFFICE OR OFFICIAL UNDERTAKING CONSISTENT WITH
SECTIONS 10 AND 11 OF THE PUBLIC OFFICER'S LAW WITHIN 30 DAYS OF THE
EFFECTIVE DATE OF THIS ACT. IT GOES ON BUT YOU GET THE POINT. THERE'S --
THERE'S A DISCREPANCY HERE. SO THE BILL THAT WAS INTRODUCED BY THE
SPEAKER WAS FOR ANY ELECTED OR APPOINTED OFFICER WITHIN ANY CITY IN THE
STATE OF NEW YORK FROM -- WHO WAS SUPPOSED TO BE TAKING OFFICE
JANUARY 1ST THROUGH MARCH 31ST. TO MY COLLEAGUE'S POINT, YOUR -- YOUR
BILL IS ODDLY SPECIFIC IN TALKING ABOUT WHEN SOMEBODY MAY HAVE BEEN
APPOINTED. AND I THINK AS HAS BEEN DISCUSSED IT IS SPECIFIC TO NASSAU
COUNTY. SO EVEN THOUGH YOU'RE SAYING THIS IS NOT A LOCAL BILL, IT'S A
STATEWIDE BILL, IT REALLY IS SPECIFIC TO WHAT OCCURRED IN NASSAU COUNTY.
SO MY QUESTION TO YOU IS, GIVEN THE FACT THAT THERE ARE NO OTHER
EXAMPLES THAT YOU CAN CITE OUTSIDE OF NASSAU COUNTY THAT WE'RE ALL
AWARE OF, DID ANYONE FROM NASSAU COUNTY IN COUNTY GOVERNMENT -- DID
ANYONE IN COUNTY GOVERNMENT ASK YOU TO INTRODUCE THIS BILL?
MRS. GRIFFIN: FIRST, I JUST WANTED TO CORRECT, THE
NEW YORK CITY BILL DID APPLY -- APPLY TO APPOINTED OFFICES. SO WERE
YOU SAYING --
MR. LAWLER: I - YEAH, NO, NO, NO. I SAID -- I SAID
THE NEW YORK CITY BILL APPLIED TO ELECTED AND APPOINTED. I SAID YOURS
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NYS ASSEMBLY JUNE 3, 2022
ONLY APPLIED TO APPOINTED IN A VERY SPECIFIC TIME FRAME.
MRS. GRIFFIN: OKAY. WHAT WAS YOUR OTHER
QUESTION?
MR. LAWLER: CONSIDERING THAT THERE ARE NO OTHER
EXAMPLES THAT ANYONE CAN CITE AND CONSIDERING THAT BASED ON THIS
DISCUSSION IT'S VERY CLEAR THAT THIS IS ABOUT THE NASSAU COUNTY
APPOINTMENT THAT WAS MADE BY THE FORMER COUNTY EXECUTIVE DURING
THE TIME PERIOD OF DECEMBER 15TH, 2021 AND HER EXPIRATION OF HER
TERM, DID ANYONE FROM NASSAU COUNTY GOVERNMENT - COUNTY
GOVERNMENT, NOT THE SENATE - DID ANYONE FROM NASSAU COUNTY REACH
OUT TO YOU AND ASK YOU TO INTRODUCE THIS SEEMINGLY LOCAL BILL?
MRS. GRIFFIN: NO, THEY DIDN'T. AND ALSO, THIS BILL
-- I -- THERE'S MANY EXAMPLES BUT I -- I'M NOT GOING TO CARRY A NOTEBOOK
AROUND WITH THE VARIOUS BILLS THAT ARE SIMILAR TO THIS THAT WE MAY HAVE
PASSED IN THE LAST TEN YEARS. THAT -- THAT'S NOT SOMETHING THAT WE NEED
TO HAVE HERE. IT'S NOT REALLY GERMANE TO WHAT WE HAVE THAT, YOU KNOW,
MIGHT HAVE BEEN THIS TIME OR THIS BILL THAT DID SOMETHING SIMILAR. SO --
MR. LAWLER: WELL --
MRS. GRIFFIN: YOU -- YOU'RE STATING THAT BUT THAT'S
NOT REALLY A FACT.
MR. LAWLER: NO, BUT USUALLY -- I -- I THINK YOU
WOULD AGREE, USUALLY THE MEMBER WHO IS INTRODUCING THIS TYPE OF BILL
HAS A SPECIFIC REASON FOR DOING SO. WE DON'T JUST BROADLY INTRODUCE A
BILL AND SAY ANY POSSIBLE PERSON IN THE STATE WHO FAILED TO FILE THEIR
OATH SHOULD BE ABLE TO RECTIFY THAT PROBLEM. USUALLY IT'S BECAUSE THE
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NYS ASSEMBLY JUNE 3, 2022
LOCAL MUNICIPALITY HAS ASKED FOR ASSISTANCE FROM THE STATE TO NOT
WITHSTAND PUBLIC OFFICER'S LAW SECTION 10. SO --
ACTING SPEAKER AUBRY: MR. --
MR. LAWLER: THAT IS USUALLY WHY --
ACTING SPEAKER AUBRY: MR. LAWLER, ASKED
AND ANSWERED. HOW MANY TIMES ARE YOU GOING TO ASK HER THE SAME
QUESTION?
MR. LAWLER: WELL, IT --
ACTING SPEAKER AUBRY: THE SPONSOR -- IF YOU
DON'T LIKE THE ANSWER I UNDERSTAND THAT. BUT SHE ANSWERED THE QUESTION
THAT YOU ASKED, SO --
MR. LAWLER: BUT -- BUT --
ACTING SPEAKER AUBRY: WE'RE GETTING TO THE
POINT WHERE WE'RE GOING TO BEAT HER UP BECAUSE SHE -- YOU DON'T LIKE
THE ANSWER?
MR. LAWLER: IT'S NOT A QUESTION OF BEATING UP. IT
IS, RESPECTFULLY, EVERY TIME A BILL LIKE THIS HAS BEEN INTRODUCED THERE IS
A SPECIFIC REASON IT'S BEEN INTRODUCED. IT IS NOT A BROAD BILL TO JUST
INTRODUCE AND NOTWITHSTAND A SECTION OF THE PUBLIC OFFICER'S LAW.
ACTING SPEAKER AUBRY: THE -- THE SPONSOR
SAID WHERE SHE GOT IT FROM.
MR. LAWLER: RIGHT. BUT NOBODY LOCALLY
REQUESTED IT, CORRECT?
ACTING SPEAKER AUBRY: AND -- AND THAT POINT
HAS BEEN MADE.
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NYS ASSEMBLY JUNE 3, 2022
MR. LAWLER: OKAY. IN GENERAL, DO YOU BELIEVE
THAT A COUNTY EXECUTIVE HAS THE AUTHORITY TO APPOINT SOMEONE TO A
COUNTY POSITION?
MRS. GRIFFIN: YES.
MR. LAWLER: OKAY.
MRS. GRIFFIN: WHEN -- WHEN THEY'RE IN OFFICE.
WHILE THEY'RE IN OFFICE THEY HAVE THAT --
MR. LAWLER: RIGHT.
MRS. GRIFFIN: OF COURSE THEY DO.
MR. LAWLER: DO YOU BELIEVE THAT IF A VACANCY
OCCURS, THE COUNTY EXECUTIVE THAT IS CURRENTLY IN THAT OFFICE HAS THE
AUTHORITY TO FILL SUCH VACANCY?
MRS. GRIFFIN: WHO -- THE PERSON THAT'S IN OFFICE
HAS THE AUTHORITY TO APPOINT SOMEONE WHEN THEY'RE IN OFFICE.
MR. LAWLER: SO IN -- IN THIS PARTICULAR INSTANCE, IF
SOMEONE -- PUTTING ASIDE THIS LAW, WOULD YOU AGREE THE ONLY REASON
THAT WE WOULD POTENTIALLY NEED TO DO THIS LAW IS BECAUSE SOMEBODY
FAILED TO FILE THEIR OATH AND THEREFORE A VACANCY OCCURRED AS A RESULT OF
THE FAILURE TO FILE OATH?
MRS. GRIFFIN: YEAH, I CAN'T SAY THAT BECAUSE I
DON'T KNOW THE -- THE SPECIFICS OF THIS CASE, BUT CERTAINLY --
MR. LAWLER: IN THE BROAD -- IN THE BROAD ASPECTS
OF THE LAW IF SOMEONE FAILS TO FILE THEIR OATH, DOES A VACANT -- DOES IT
TRIGGER A VACANCY?
MRS. GRIFFIN: YES.
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NYS ASSEMBLY JUNE 3, 2022
MR. LAWLER: OKAY. SO IF A VACANCY OCCURRED, THE
CURRENT COUNTY EXECUTIVE WOULD HAVE THE AUTHORITY TO FILL THAT VACANCY,
CORRECT?
MRS. GRIFFIN: THAT'S WHY THIS LEGISLATION IS HERE
BECAUSE ONE -- ONE OF THE MOST IMPORTANT THINGS IS WHILE SOMEONE IS A
COUNTY EXECUTIVE, NASSAU COUNTY, AND SHE WAS ELECTED AND SHE SERVED
FOUR YEARS. SO SHE WAS APPOINTED TO SOMEONE WHEN SHE WAS STILL IN
OFFICE. SHE WAS ELECTED BY THE PEOPLE OF NASSAU COUNTY. SO WHILE
SHE'S IN OFFICE THAT -- THAT PERSON SHOULD -- IF SHE -- SHE --
MR. LAWLER: SHE --
MRS. GRIFFIN: -- SELECTED SOMEONE THEY SHOULD BE
THE PERSON THAT -- THAT GETS THE POSITION.
MR. LAWLER: OKAY. SO -- SO WE AGREE ON THE
EXAMPLE. SO THE FORMER COUNTY EXECUTIVE APPOINTED -- THE INDIVIDUAL
THAT SHE APPOINTED WAS REQUIRED LEGALLY UNDER PUBLIC OFFICER'S LAW
SECTION 10 TO FILE AN OATH OF OFFICE. THAT INDIVIDUAL DID NOT FILE AN
OATH OF OFFICE. JUST A MOMENT AGO YOU AGREED IF SOMEBODY DOESN'T FILE
AN OATH OF OFFICE, A VACANCY OCCURS, STATUTORILY. WHEN THAT VACANCY
OCCURRED, WHO IS THE COUNTY EXECUTIVE? IS IT THE FORMER COUNTY
EXECUTIVE OR THE CURRENT COUNTY EXECUTIVE?
MRS. GRIFFIN: THE BILL'S TRUTHFULLY ABOUT FILING THE
OATH. IT'S NOT ABOUT WHAT THE COUNTY DID, DIDN'T DO, IT'S ABOUT FILING THE
OATH.
MR. ABINANTI: MR. SPEAKER --
ACTING SPEAKER AUBRY: MR. ABINANTI --
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NYS ASSEMBLY JUNE 3, 2022
MR. ABINANTI: (INAUDIBLE)
ACTING SPEAKER AUBRY: MR. ABINANTI, YOU'RE
GOING TO HAVE TO ASK SOMEBODY TO YIELD. YOU JUST CAN'T STAND UP AND --
MR. LAWLER: YES, YEAH -- -
ACTING SPEAKER AUBRY: -- AND INJECT YOURSELF
INTO THE CONVERSATION.
MR. LAWLER: YEAH, I -- I'M NOT YIELDING MY TIME,
SO THANK YOU --
MR. ABINANTI: I HAVE A POINT OF ORDER, MR.
SPEAKER.
ACTING SPEAKER AUBRY: AND YOUR POINT OF
ORDER IS?
MR. ABINANTI: IS THAT WE'RE SUPPOSED TO BE
TALKING ABOUT A PARTICULAR BILL, NOT ABOUT THEORETICAL OTHER
CIRCUMSTANCES THAT ARE NOT MENTIONED IN THE BILL.
ACTING SPEAKER AUBRY: AND YOUR POINT OF
ORDER IS WELL TAKEN. THANK YOU.
MR. LAWLER: SO, WE ACKNOWLEDGE THAT A VACANCY
OCCURS WHEN SOMEONE FAILS TO FILE THE OATH OF OFFICE. IS SOMEBODY WHO
IS NO LONG -- WHEN -- WHEN A VACANCY OCCURS, IS SOMEBODY WHO IS NO
LONGER IN OFFICE EMPOWERED TO DO ANYTHING ABOUT THAT VACANCY? BY
LAW.
MRS. GRIFFIN: YEAH, CAN YOU REPEAT THAT QUESTION?
MR. LAWLER: YES. IF A VACANCY OCCURS IN THE YEAR
2022, IS SOMEBODY WHO WAS PREVIOUSLY IN OFFICE IN 2021 EMPOWERED
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NYS ASSEMBLY JUNE 3, 2022
BY LAW TO DO ANYTHING ABOUT THAT VACANCY?
MRS. GRIFFIN: YEAH, THAT -- YOU'RE ASKING A LOT OF
QUESTIONS BUT THEY'RE REALLY NOT PERTAINING TO THE LEGISLATION THAT WE ARE
DEBATING.
MR. EPSTEIN: MR. SPEAKER?
ACTING SPEAKER AUBRY: MR. --
MR. EPSTEIN: YEAH, I -- I --
ACTING SPEAKER AUBRY: WHY DO YOU RISE?
MR. EPSTEIN: A POINT OF ORDER. THIS IS NOT
GERMANE TO THIS BILL AT ALL AND I WANT TO RAISE THAT BACK TO THE SPEAKER'S
ATTENTION.
MR. LAWLER: IT IS GERMANE.
ACTING SPEAKER AUBRY: I'M ALLOWING THE
CONVERSATION TO PROCEED BECAUSE I'M RULING IT GERMANE TO THE BILL.
THANK YOU.
MR. EPSTEIN: THANK YOU.
MR. LAWLER: THANK YOU, MR. SPEAKER. I'LL PUT A
FINE POINT ON IT. THE VACANCY LEGALLY OCCURRED IN 2022. THE CURRENT
COUNTY EXECUTIVE IS LEGALLY EMPOWERED TO FILL SAID VACANCY IN 2022.
AND SO IN THE EXAMPLE THAT WE ALL KNOW, THE CURRENT COUNTY EXECUTIVE
DID ACT AND FILL THAT VACANCY. SO I'M -- I'M NOT REALLY SURE WHY THIS BILL
IS NECESSARY.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LAWLER: THANK YOU. I APPRECIATE THE SPONSOR
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HAVING TO STAND THERE AND -- AND TAKE THE BARRAGE OF QUESTIONS. I -- I
KNOW IT'S NOT EASY AND SHE -- I UNDERSTAND WHY THE BILL WAS INTRODUCED
ON HER END OF IT. BUT AT THE END OF THE DAY, SOMEONE FAILED TO TAKE THEIR
OATH OF OFFICE, A VACANCY OCCURRED. LEGALLY SPEAKING THERE WAS ONLY
ONE PERSON CAPABLE OF FILLING THE VACANCY, THAT PERSON FILLED THE
VACANCY SO I DON'T KNOW WHY WE WOULD TRY TO UNDERMINE THAT STATUTORY
AUTHORITY TO FILL A VACANCY THAT OCCURRED IN THE YEAR 2022. I CAN ONLY
SURMISE THAT THIS IS POLITICAL IN ITS NATURE OR WE WOULD NOT EVEN BE
DEALING WITH THIS BILL. ANY TIME THIS TYPE OF BILL HAS BEEN INTRODUCED
THERE HAS BEEN A -- A EXAMPLE CITED BY THE BILL'S SPONSOR AS TO WHY THIS
WAS NECESSARY, AND IT IS USUALLY AT THE REQUEST OF THE COUNTY OR
MUNICIPALITY FOR THE ELECTED OFFICIAL THAT WOULD BE INVOLVED IN IT. THAT
DOES NOT SEEM TO HAVE OCCURRED HERE, AND IT JUST DOESN'T SEEM TO -- TO
NEED TO BE PASSED AT THIS TIME.
SO I WOULD ENCOURAGE EVERYONE TO VOTE NO.
ACTING SPEAKER AUBRY: MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. GIGLIO: MY APOLOGIES TO MY COLLEAGUE OVER
THERE WHO WAS PUT ON THE SPOT BY ASKING TO CARRY THIS BILL FOR OBVIOUS
REASONS; A MISTAKE THAT WAS MADE. AND WE CAN ALL ADMIT WE'RE HUMAN
AND WE MAKE MISTAKES. SO, UNDER U.S. SENATE TYPE OF LEGISLATION
UNDER THE FEDERAL RULES AND PROCEDURES THIS IS A PRIVATE BILL PROVIDING
BENEFITS TO ONE INDIVIDUAL. IT'S NOT SPECIFIC, IT'S ONE INDIVIDUAL. A
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NYS ASSEMBLY JUNE 3, 2022
MISTAKE WAS MADE. MISTAKES ARE MADE. WE SHOULD ADMIT THAT. WE'RE
HUMAN. THIS -- YOU KNOW, GROWING UP I WAS TAUGHT HONESTY IS THE BEST
POLICY, AND TO BE HONEST AND SAYING THAT AN APPOINTMENT WAS MADE,
THEY DIDN'T SIGN THE OATH OF OFFICE OR WHATEVER IT IS, ANYBODY THAT TRIES
TO REMOVE THAT PERSON FROM OFFICE BECAUSE THEY FAILED TO SIGN THE OATH
OF OFFICE WOULD BE SHAMED BECAUSE THAT PERSON IS EITHER GOOD FOR THAT
POSITION OR THEY'RE NOT GOOD FOR THAT POSITION. AND IT'S UP TO THE PERSON
WHO IS PUTTING THIS BILL BEFORE THIS HOUSE, TURNING THIS CHAMBER INTO
THIS EMBARRASSMENT. SHOULD SAY, LISTEN, I'M -- I'M HERE TO FILL THIS
POSITION, AND IF YOU'RE SAYING THAT I'M NOT CAPABLE OF DOING IT THEN I
SHOULDN'T BE HERE. BUT THAT SHOULD BE PROVEN BY AN OLD COUNTY
EXECUTIVE, NEW COUNTY EXECUTIVE. IT'S -- I MEAN, TO LISTEN TO THIS FOR THE
LAST HOUR-AND-A-HALF OR HOWEVER LONG IT'S BEEN, WHEN HONESTY IS THE
BEST POLICY A MISTAKE WAS MADE, AND MISTAKES HAVE BEEN MADE IN THE
PAST WHEN IT CAME TO PICKING A LIEUTENANT GOVERNOR OR IT CAME TO A
DISTRICT ATTORNEY NOT SIGNING AN OATH OF OFFICE. I MEAN, IT'S -- IT
HAPPENS. RESPECT SHOULD BE GIVEN ACROSS THE AISLE. AND I'M SORRY THAT
YOU WERE ASKED TO CARRY THIS WITHOUT JUST AN HONEST DISCUSSION. A
MISTAKE WAS MADE.
SO I THINK THAT I DON'T HAVE ANY PROBLEM WITH THIS BILL.
IF THE NEW COUNTY EXECUTIVE HAS A PROBLEM WITH THE PERSON THAT WAS
APPOINTED BY THE FORMER COUNTY EXECUTIVE HAS A PROBLEM WITH THIS
PERSON THEN THEY SHOULD EXPRESS THAT. I'M SORRY THAT THIS WAS PUT IN
YOUR LAP. REALLY, I AM. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
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NYS ASSEMBLY JUNE 3, 2022
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9162-A. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS PARTICULAR BILL. THOSE WHO
WISH TO SUPPORT IT ARE CERTAINLY WELCOME TO VOTE IN FAVOR IF YOU'RE ON
THE FLOOR OF THE LEGISLATURE OR BY CALLING THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE DEMOCRATIC CONFERENCE IS GENERALLY IN FAVOR OF THIS
PIECE OF LEGISLATION. THOSE WHO DESIRE TO BE AN EXCEPTION COULD CALL
THE OFFICE AND WE'LL BE HAPPY TO RECORD -- PROPERLY RECORD THEIR VOTE
AND WHILE THEY'RE IN CHAMBERS. THIS IS A PARTY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: THANK YOU BOTH.
MR. GOODELL, ARE YOU EXPLAINING YOUR VOTE?
MR. GOODELL: NO, THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 11, RULES REPORT NO. 437, THE CLERK WILL READ.
THE CLERK: SENATE NO. S03034-A, RULES REPORT
NO. 437, SENATOR PARKER (A00873-A, CAHILL, L. ROSENTHAL, THIELE,
SIMON, COLTON, ENGLEBRIGHT, OTIS, SOLAGES, LUPARDO). AN ACT TO
AMEND THE PUBLIC SERVICE LAW, IN RELATION TO UTILITY INTERVENOR
REIMBURSEMENT; AND TO AMEND THE STATE FINANCE LAW, IN RELATION TO
ESTABLISHING THE UTILITY INTERVENOR ACCOUNT.
ACTING SPEAKER AUBRY: MR. PALMESANO.
MR. PALMESANO: AN EXPLANATION, PLEASE.
ACTING SPEAKER AUBRY: MR. CAHILL, AN
EXPLANATION HAS BEEN REQUESTED.
MR. CAHILL: THANK YOU, MR. SPEAKER. THIS
LEGISLATION AMENDS THE PUBLIC SERVICE LAW TO PROVIDE A MECHANISM FOR
THE REIMBURSEMENT OF EXPENSES FOR INTERVENORS IN UTILITY PROCEEDINGS
AND ESTABLISHES A UTILITY INTERVENOR ACCOUNT.
MR. PALMESANO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR A FEW QUESTIONS?
MR. CAHILL: ABSOLUTELY. HAPPY TO.
MR. PALMESANO: THANK YOU, MR. CAHILL. GOOD
MORNING.
MR. CAHILL: USE THE ONES I GAVE YOU, THOUGH.
MR. PALMESANO: I KNOW WE TALKED A LITTLE BIT
ABOUT THIS BEFORE, I JUST WANTED TO JUST ASK A FEW QUESTIONS ON THIS
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NYS ASSEMBLY JUNE 3, 2022
ISSUE WITH YOU, IF I MAY. RIGHT NOW, BEFORE THIS BILL WOULD BECOME
LAW, ASSUMING IT BECOMES LAW (INAUDIBLE), WOULDN'T THESE
NON-FOR-PROFITS OR GROUP OF INDIVIDUALS (INAUDIBLE) -- RIGHT NOW --
ACTING SPEAKER AUBRY: SO, WE NEED A LITTLE
QUIET BACK THERE, PLEASE. MEMBERS? THANK YOU.
MR. PALMESANO: SO RIGHT NOW WE'RE -- YOU'RE
TRYING TO (INAUDIBLE) INTERVENOR ACCOUNT, RIGHT NOW THESE GROUPS AND
INDIVIDUALS OR NON-FOR-PROFITS, RIGHT NOW THEY HAVE THE ABILITY TO
PETITION AND WEIGH IN ON A PROCEEDING, WHETHER IT'S A RATE PROCEEDING
OR A REGULATORY PROCEEDING. RIGHT NOW THEY HAVE THE ABILITY TO -- TO DO
THAT, CORRECT?
MR. CAHILL: YES, THEY HAVE THE ABILITY TO DO THAT,
CORRECT.
MR. PALMESANO: BUT THIS BILL WOULD BASICALLY SET
UP A MECHANISM NOW WHERE THE UTILITIES OR OTHER COMPANIES WOULD
HAVE TO PROVIDE FUNDING FOR THESE GROUPS TO COME IN AND GET FUNDING
SO THEY COULD MAKE THEIR ADVOCACY BEFORE THE PSC FOR WHETHER IT'S A
RATE CASE OR REGULATORY CASE, CORRECT?
MR. CAHILL: THEY WOULD BE SUBJECTED TO THE
POSSIBILITY OF FUNDING INTERVENORS WHO APPLIED SUCCESSFULLY AND WENT
THROUGH THE VETTING PROCESS BY THE PUBLIC SERVICE DEPARTMENT IN
ACCORDANCE WITH VERY STRICT RULES THAT ARE LISTED IN THIS STATUTE. IF ALL
THOSE THINGS HAPPEN THEN THE ANSWER TO YOUR QUESTION IS YES.
MR. PALMESANO: OKAY. SO IS THERE -- FROM A
DOLLAR PERSPECTIVE, IS THERE ANY TYPE OF CAP OR JUST -- CAN IT BE ANY
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AMOUNT OF MONEY? IS THAT -- IS THAT ALL BASICALLY DETERMINED BY THE
PUBLIC SERVICE COMMISSION?
MR. CAHILL: NO, IN FACT -- IN FACT, THE -- THE BILL
PUSHES THE AMOUNTS DOWN. IT SAYS THEY HAVE TO BE -- THEY HAVE TO BE
SUBSTANTIALLY RELATED TO THE DECISION. THEY HAVE TO BE AT MARKET RATE.
THEY HAVE TO BE NO GREATER THAN WOULD HAVE BEEN THE EXPENSES THAT
ANY OTHER PARTY, INCLUDING THE DEPARTMENT OR THE UTILITY WOULD HAVE
INCURRED. SO IF ANYTHING THIS PUSHES IT DOWN, NOT UP.
MR. PALMESANO: OKAY. RIGHT NOW THERE ARE A
NUMBER OF GROUPS AND ORGANIZATIONS THAT WE TALKED ABOUT JUST IN
COMMITTEE. THERE'S A PUBLIC SERVICE OFFICE OF CONSUMER SERVICES,
THERE'S A UTILITY -- UTILITY INTERVENTION AT THE DEPARTMENT OF STATE.
THERE'S ALSO -- THE ATTORNEY GENERAL'S OFFICE HAS A DEPARTMENT. AREN'T
THESE ORGANIZATIONS, THESE STATE AGENCIES WHICH ARE PAID FOR WITH
TAXPAYER DOLLARS, AREN'T THESE AVAILABLE TO -- TO ADVOCATE ON BEHALF OF
THE RATEPAYER AND DON'T THEY HAVE THE ABILITY TO DO THAT AND DON'T THEY
DO THAT RIGHT NOW?
MR. CAHILL: PHIL, IT'S 20 MINUTES AFTER 12 SO I'M
GOING TO GIVE YOU THE SHORT VERSION. NO.
MR. PALMESANO: OKAY.
MR. CAHILL: THEY PROVIDE SOME SERVICES BUT THEY
DON'T PROVIDE THE -- THE RANGE OF SERVICES THAT ARE NECESSARY TO
REPRESENT CONSUMERS WITHOUT COMPROMISE. ONE, LET ME GIVE YOU A
COUPLE OF QUICK EXAMPLES, AND I -- I WILL KEEP IT QUICK. THE UTILITY
INTERVENTION UNIT, WHICH WAS ROBUST RIGHT ON THROUGH THE EARLY PARTS OF
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THE CUOMO ADMINISTRATION, IN FACT, THEY HAD THE AUTHORITY TO TAKE THE
PUBLIC SERVICE COMMISSION TO COURT. GOVERNOR ANDREW CUOMO
STRIPPED THEIR POWERS AWAY AND TOOK AWAY ABOUT 80 PERCENT OF THEIR
FUNDING. THE FORMER ABILITY OF INDEPENDENT ADVOCATES TO SOLICIT FUNDS
IN A BILL BY SIMPLY PUTTING A PIECE OF PAPER IN THE -- IN THE BILLS WE
USED TO GET IN THE MAIL, OR NOW WOULD BE A BANNER ON THE WEBSITE, WAS
ELIMINATED BY GOVERNOR PATAKI. THAT RAISED MILLIONS OF VOLUNTARY
DOLLARS ACROSS THE STATE OVER THE YEARS FOR PEOPLE WHO SAID, WE WANT
THIS REPRESENTATION THERE. THE -- LET'S TALK ABOUT THE LATEST ONE. THE
LATEST ONE WAS THE OFFICE OF -- I'M TRYING TO FIND THIS ONE HERE -- THE
SPECIAL COUNCIL OF RATEPAYERS PROTECTION. A FORMER COLLEAGUE OF OURS,
RORY LANCMAN, WAS THE FIRST PERSON TO SERVE IN THAT OFFICE AND HE WAS
ALSO THE LAST PERSON TO SERVE IN THAT OFFICE AND HE STEPPED DOWN. THE
WEBSITE IS GONE, THE OFFICE, FOR ALL INTENTS AND PURPOSES HAS NOT BEEN
FILLED. THAT DOESN'T EXIST ANYMORE. THE OFFICE OF CONSUMER
PROTECTION -- CONSUMER SERVICES WITHIN THE PUBLIC SERVICE
DEPARTMENT, THEIR JOB IS TO MEDIATE INDIVIDUAL DISPUTES BETWEEN
RATEPAYERS AND THEIR UTILITY, NOT TO REPRESENT -- IN FACT, SPECIFICALLY NOT
TO REPRESENT RATEPAYERS. SO I COULD GO ON, BUT I THINK I'M MAKING THE
POINT THAT NOBODY'S DOING WHAT THIS BILL WOULD PROVIDE FOR.
MR. PALMESANO: ALL RIGHT, KEVIN. NOW, WHAT
ABOUT NON-FOR-PROFITS? IF THEY'RE RECEIVING FUNDING FROM THE STATE,
WOULD THEY BE ELIGIBLE LIKE -- LIKE, IN THE BUDGET WE HAD $800,000 THAT
WAS PUT IN FOR THE PUBLIC UTILITY LAW PROJECT. WOULD THEY STILL BE
ELIGIBLE TO APPLY FOR FUNDS THROUGH THE INTERVENOR UNIT?
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NYS ASSEMBLY JUNE 3, 2022
MR. CAHILL: I'LL TAKE -- I'LL DO YOU ONE -- I'LL TAKE
THAT AND I'LL RAISE YOU ONE. A MUNICIPALITY THAT WE GIVE MONEY TO
COULD GET MONEY FROM THIS FUND. ANOTHER GROUP OF PEOPLE THAT WE
GIVE MONEY TO COULD GET MONEY FROM THIS FUND. A LOT OF PEOPLE COULD
GET MONEY FROM THIS FUND, BUT NOBODY GETS A NICKEL FROM THIS FUND
UNLESS THE DEPARTMENT OF PUBLIC SERVICE SAYS THAT THEY'VE MET ALL OF
THOSE VERY STRICT CRITERIA I LAID OUT BEFORE, AND NOBODY CAN GET
DUPLICATE MONEY. NOBODY CAN GET THE SAME MONEY TWICE.
MR. PALMESANO: ALL RIGHT. SO BUT -- SO HERE'S
ANOTHER QUESTION FOR YOU, THEN. SO THIS -- ALL THIS MONEY IS GOING TO BE
PAID FOR -- ULTIMATELY, IT'S THE UTILITIES PAYING FOR IT AND THEN ULTIMATELY
BORNE BY THE RATEPAYERS?
MR. CAHILL: WRONG.
MR. PALMESANO: HOW -- HOW -- HOW IS THAT
WRONG?
MR. CAHILL: WELL (INAUDIBLE) --
MR. PALMESANO: AND THE UTILITIES HAVE TO GO AND
PETITION WHEN THEY GO FOR THE RATE INCREASES, THEY -- THEY -- THESE THINGS
ALL GET PAID THROUGH THE RATES INCREASES, SO (INAUDIBLE).
MR. CAHILL: HERE'S THE INTERESTING POINT THERE, PHIL
AND MR. SPEAKER. I'M SORRY I'M TALKING DIRECTLY TO YOU, BREACHING
PROTOCOL. BUT YOU'RE MY FRIEND AND I LIKE YOU --
MR. PALMESANO: OF COURSE.
MR. CAHILL: -- AND I LIKE THE WAY WE TALK TO EACH
OTHER.
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NYS ASSEMBLY JUNE 3, 2022
MR. PALMESANO: ABSOLUTELY.
MR. CAHILL: HERE'S THE INTERESTING THING. RIGHT
NOW EVERY SINGLE PERSON IN THIS ROOM IS PAYING, AND A LOT OF MONEY, FOR
THEIR UTILITIES TO GO INTO THOSE RATE HEARINGS TO GET YOUR BILLS RAISED.
THAT'S WHAT OUR BILL -- THAT'S WHAT OUR BILLS ARE PAYING FOR NOW. WHAT
THIS BILL WOULD DO IS SAY, HEY, PUBLIC SERVICE COMMISSION, PUBLIC
SERVICE DEPARTMENT, TAKE A LOOK AT THE BIG PICTURE. WE'RE GOING TO
BRING IN THIS EXPERT THAT'S GOING TO DEMONSTRATE TO YOU THAT OUR RATES
SHOULD BE LOWER. OR -- AND THIS IS THE OTHER PART THAT THE UTILITIES DIDN'T
PUT IN ANY OF THEIR MEMOS -- THAT IT SHOULDN'T BE PUT ON THE RATEPAYER'S
SHOULDER. THAT MAYBE ONCE IN A WHILE, ONCE IN A WHILE WE SHOULD TAKE
SOME OF THAT GUARANTEED TEN PERCENT PROFIT AWAY FROM UTILITIES AND CUT
THE RETURN TO THE SHAREHOLDERS. HOW WOULD THAT BE FOR A CHANGE?
INSTEAD OF RAISING OUR RATES BY TEN PERCENT EVERY YEAR WE TELL THE
SHAREHOLDERS THEY'VE GOT TO TAKE A ONE PERCENT CHANGE THIS YEAR.
MR. PALMESANO: ALL RIGHT, MR. CAHILL. NOW, I
UNDER -- I CAN UNDERSTAND EVEN THOUGH I MAY DISAGREE WITH THE
APPROACH YOU'RE TAKING HERE, HOW THIS MIGHT BE APPLIED TO (INAUDIBLE)
OPERATING UNDER THE TRADITIONAL RATE OF RETURN REGULATION. WHY IS THIS
BEING APPLIED TO CABLE AND INTERNET PROVIDERS WHO REALLY OPERATE IN AN
OPEN AND COMPETITIVE MARKETPLACE? HOW DOES THAT WORK AND WHY
WOULD THEY (INAUDIBLE).
MR. CAHILL: YOU ARE A BRILLIANT MAN AND YOU DO
YOUR RESEARCH AND I WANT TO TAKE THAT QUESTION. YOU KNOW, PHIL, THE --
THE RATES THAT -- THE PROCEEDINGS THAT WE HAVE BEFORE THE PUBLIC SERVICE
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NYS ASSEMBLY JUNE 3, 2022
COMMISSION -- AND BY THE WAY, THERE ARE STRICT LIMITS HERE THAT TALK
ABOUT ELECTRICITY, WATER -- ELECTRICITY, WATER, GAS AND STEAM, BUT FOR
SOME PROCEEDINGS -- YOU'RE ABSOLUTELY RIGHT. FOR SOME PROCEEDINGS THE
-- THIS COULD BE USED IN THE CASE OF OUR TELECOMMUNICATION UTILITIES
WHO CLAIM TO BE OPERATING IN A COMPETITIVE ENVIRONMENT. WELL, WE
ONLY HAVE ONE BROADBAND SUPPLIER IN OUR TOWN. HOW ABOUT YOU?
YOU'VE GOT MULTIPLE BROADBAND SUPPLIERS IN YOUR TOWN?
MR. PALMESANO: THERE'S A COUPLE.
MR. CAHILL: YEAH, THERE MIGHT BE A COUPLE. YOU
LIVE IN A RICH AREA, I DON'T.
MR. PALMESANO: YEAH.
MR. CAHILL: SO -- SO IN A LOT OF PLACES THERE'S ONLY
ONE INTERNET PROVIDER, AND IN A LOT OF PLACES THAT I REPRESENT IT'S NOT
BROADBAND, IT'S NARROWBAND. AND THAT MAY BE WHY YOU WANT TO GO
HAVE A RATE HEARING. SO -- OR -- OR GO TO A PROCEEDING. YOU MAY WANT
TO GET THOSE SERVICES TO YOUR COMMUNITIES. OR HOW ABOUT THIS ONE?
HOW ABOUT THE FACT THAT ONE OF OUR UTILITIES - I WON'T NAME NAMES, BUT
IT STARTS -- RHYMES WITH VERIZON -- PUTS UP POLES ALL OVER THE PLACE, IT
PUTS UP LINES ALL OVER THE PLACE AND THEN DOESN'T REPLACE THOSE LINES LIKE
THEY SHOULD. SO WHEN ONE OF MY PEOPLE WHO WORKS ON MY CAMPAIGN
CALLS ME AND THEY SAY, HELLO, KEVIN, THIS IS (MAKING INAUDIBLE SOUND), I
DON'T KNOW WHO IT IS BECAUSE I CAN'T HEAR. AND I SAID, WHY DON'T YOU
FIX YOUR PHONE, AND SHE SAID, I DID, IT'S THE LINE A QUARTER OF A MILE
DOWN THE ROAD AND THE PHONE COMPANY WON'T COME AND FIX THE LINE.
DO YOU THINK THAT WE SHOULDN'T HAVE CONSUMERS BE ABLE TO GO THERE,
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HAVE THE EXPERTISE TO GET THAT LINE FIXED? I THINK THEY SHOULD.
MR. PALMESANO: I DO WANT TO ASK YOU ANOTHER
QUESTION. I KNOW YOU KEEP SAYING IT WON'T (INAUDIBLE) ON THE INVESTOR,
IT WILL COME OUT OF THE PROFIT, BUT ULTIMATELY IT COULD COME FROM THE
RATEPAYER. SO NOW IF WE -- WE WANT THE -- THE BROADBAND COMPANIES TO
INVEST IN BROADBAND AND PUT MORE RESEARCH OUT THERE. WE WANT THE
ENERGY COMPANIES TO INVEST IN MORE ENERGY EFFICIENCY.
MR. CAHILL: YES.
MR. PALMESANO: SO IF THEY'RE SPENDING MONEY
FOR THESE INTERVENOR ACCOUNTS TO -- TO GIVE TO NON-FOR-PROFITS WHO ARE
PETITIONED -- WHO HAVE PETITIONED BEFORE US AND NOW THEY'RE GETTING
MONEY FROM THE UTILITIES WHICH ULTIMATELY, I BELIEVE, COMES FROM THE
RATEPAYER, AREN'T WE JUST -- AREN'T WE JUST TAKING AWAY THE TRACKING FROM
THE BROADBAND INVESTMENT OR THE ENERGY EFFICIENCY INVESTMENT, WHICH
WE ALL WANT TO SEE HAPPEN FROM -- FROM AN OPERATIONAL PERSPECTIVE?
(INAUDIBLE)
MR. CAHILL: I DON'T WANT TO ANSWER A QUESTION
WITH A QUESTION AND I DON'T WANT TO TURN THIS AROUND ON YOU, BUT HAVE
YOU EVER GONE TO A RATE HEARING? HAVE YOU EVER ASKED THE PUBLIC
SERVICE COMMISSION TO DO SOMETHING ABOUT A UTILITY PERSONALLY? HAVE
YOU EVER DONE THAT?
MR. PALMESANO: I HAVE NOT PERSONALLY.
MR. CAHILL: I HAVE. AND WHEN -- SOME OF THOSE
TIMES WHEN I WENT I SAID TO THE PUBLIC SERVICE COMMISSION, MAKE
THEM SPEND MORE MONEY. MAKE THEM SPEND MORE MONEY CLEARING
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NYS ASSEMBLY JUNE 3, 2022
TREES. MAKE THEM SPEND MORE MONEY HAVING CREWS IN OUR COMMUNITY.
MAKE THEM SPEND MORE MONEY TO UPGRADE OUR FACILITIES. IT'S NOT
ALWAYS ABOUT TELLING THEM TO CUT BACK. SOMETIMES WE HAVE TO GO THERE
TO MAKE THEM SPEND THE MONEY THAT THEY SAY THEY WANT TO SPEND.
MR. PALMESANO: AND -- AND -- AND I'M GLAD YOU
MENTIONED THAT. I KNOW THERE WAS LEGISLATION ON THE FLOOR LAST YEAR
(INAUDIBLE) STORM (INAUDIBLE) AND RESILIENCY WHICH IT NEEDS FOR THOSE
INVESTMENTS TO IMPROVE OUR LINES, ESPECIALLY AS THERE'S GOING TO BE
MORE AND MORE DEMANDS ON IT.
MR. CAHILL: YUP.
MR. PALMESANO: MR. CAHILL, I REALLY APPRECIATE
YOUR TIME. I'LL JUST -- I'LL JUST FINISH UP ON THE BILL (INAUDIBLE).
MR. CAHILL: ONE LAST THING.
MR. PALMESANO: SURE.
MR. CAHILL: NO CHILDREN WERE HARMED IN THE
MAKING OF THIS BILL.
(LAUGHTER)
MR. PALMESANO: WELL, IT'S STILL EARLY, KEVIN.
THANK YOU, MR. SPEAKER. ON THE BILL.
ACTING SPEAKER STERN: ON THE BILL, MR.
PALMESANO.
MR. PALMESANO: I WASN'T GOING TO GO THERE. I -- I
WASN'T GOING TO MENTION THE CONGO, BUT HE JUST SAID IT, SO, SORRY.
LISTEN, I -- I CAN APPRECIATE THE INTENT OF THE LEGISLATION. I KNOW WHERE
IT'S COMING FROM, BUT I DEFINITELY DISAGREE. I THINK THE APPROACH -- I
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NYS ASSEMBLY JUNE 3, 2022
MEAN, I KNOW WE NEED SEVERAL STATE AGENCIES THAT ARE SUPPOSED TO BE
OPERATING TO PROTECT THE RATEPAYER. THERE'S -- YOU KNOW, THEY'RE PAID
FOR WITH TAXPAYER DOLLARS. IF THEY'RE NOT DOING THAT THEN SOMETHING
NEEDS TO BE LOOKED TO ADDRESS THAT. I THINK THIS IS NOT THE RIGHT
APPROACH. I THINK IT'S ULTIMATELY WE'RE ASKING -- IT ALMOST SEEMS LIKE TO
ME WE'RE GOING TO PUT THIS BURDEN -- BECAUSE IF THIS MONEY IS COMING
FROM THE UTILITIES, IF IT'S COMING FROM THE TELECOMMUNICATION
COMPANIES, IT'S GOING TO INCREASE THE RATES ON THE CUSTOMER. SO IT'S
ALMOST LIKE WE'RE INCREASING RATES ON THE RATEPAYERS TO PAY THESE
INTERVENORS TO ADVOCATE NOT TO INCREASE THE RATES AND IT DOESN'T REALLY
MAKE SENSE TO ME. IT'S LIKE WE'RE ASKING -- WE WANT THE PRIVATE SECTOR
TO INVEST IN BROADBAND BUT AT THE SAME TIME WE'RE GOING TO ASK THEM TO
PAY FOR NOT-FOR-PROFITS TO ADVOCATE AS WELL. AND I THINK IT JUST DOESN'T
MAKE SENSE TO ME, ESPECIALLY WHEN YOU'RE TALKING ABOUT -- EVEN WHEN
YOU GET INTO LIKE WE WERE TALKING ABOUT, THE -- THE -- THE BROADBAND AND
THE INTERNET COMPANIES, YOU KNOW, THEY'RE NOT -- THEY'RE NOT THE
TRADITIONAL RATE OF RETURN MODEL. THEY COMPETE IN AN OPEN
MARKETPLACE. HOW DOES THAT HAPPEN AND WHY DOES THAT SEEMS
CONTRADICTORY. AND IT SEEMS LIKE IF THAT MONEY IS NOT GOING FOR
BROADBAND DEVELOPMENT AND ENERGY SUFFICIENCY, IF IT'S GOING TO PAY
NOT-FOR-PROFITS TO -- TO BE ABLE TO COMPETE AND, IF WE GOT THE -- AGAIN,
LIKE I KNOW THE PUBLIC UTILITY LAW PROJECT JUST GOT $800,000 IN THE
STATE BUDGET WHICH IS SUPPOSED TO BE USED THAT MONEY TO ADVOCATE FOR
THE UTILITIES. WHY SHOULD THEY BE ABLE TO COME BACK AND GET MORE
MONEY FROM THE RATEPAYERS TO DO MORE ADVOCATING TO -- WHICH IS GOING
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TO INCREASE RATES, WHILE THEY'LL ADVOCATE NOT TO INCREASE RATES. I JUST
THINK IT'S KIND OF CONTRADICTORY. I -- I KNOW THE SPONSOR, I KNOW WHAT
HIS INTENTION MEANS -- IS -- IS IN THE RIGHT PLACE BUT I JUST THINK THIS BILL
IS HEADED IN THE WRONG DIRECTION. I THINK WE HAVE THESE AGENCIES IN
PLACE THAT COULD BE OPERATING IF THESE POSITIONS AREN'T FILLED. I MEAN,
LIKE, I KNOW YOU -- WELL, HE MENTIONED THE OFFICE OF THE SPECIAL
COUNCIL OF RATEPAYER PROTECTION, WHICH IS REALLY CHARGED WITH LOOKING
OUT FOR THE INTERESTS OF RESIDENTIAL AND COMMERCIAL CUSTOMERS. WHY IT'S
NOT WORKING THAT WAY, THEN LET'S DO SOMETHING ABOUT IT. THERE'S JUST
DOLLARS BEING PAID FOR THESE THINGS. THAT HAS A RESPONSIBILITY BACK TO
THE TAXPAYER. BUT I THINK WE HAVE SOME OF THE HIGHEST UTILITY RATES IN
THE COUNTRY AND THIS IS JUST GOING TO INCREASE THOSE RATES MORE, FROM
MY PERSPECTIVE. CERTAINLY, THEY'RE GOING TO BE EVALUATING THIS FURTHER.
SO I JUST THINK THIS BILL IS A STEP IN THE WRONG
DIRECTION. THAT'S WHY I'M GOING TO BE OPPOSING IT AND I'M GOING TO
URGE MY COLLEAGUES TO DO THE SAME -- DO THE SAME. BUT I JUST WANT TO
THANK THE SPONSOR WHO I KNOW WHERE HIS HEART IS ON THIS, BUT THAT WE
JUST RESPECTFULLY DISAGREE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER STERN: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER STERN: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 3034-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
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NYS ASSEMBLY JUNE 3, 2022
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION FOR THE
REASONS MENTIONED BY MY COLLEAGUE, BUT THOSE WHO'D LIKE TO VOTE FOR IT
CAN CERTAINLY DO SO HERE ON THE FLOOR OF THE ASSEMBLY OR BY CONTACTING
THE MINORITY LEADER'S OFFICE.
THANK YOU.
ACTING SPEAKER STERN: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE DEMOCRATIC CONFERENCE IS GENERALLY GOING TO BE IN FAVOR
OF THIS PIECE OF LEGISLATION. HOWEVER, COLLEAGUES WHO DECIDE TO BE AN
EXCEPTION SHOULD THEY LIKE, THEY CAN CALL THE MAJORITY LEADER'S OFFICE,
WE'LL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.
THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER STERN: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 6, RULES REPORT NO. 285, THE CLERK WILL READ.
THE CLERK: SENATE NO. S02012-A, RULES REPORT
NO. 285, SENATOR JACKSON (A00992-A, DINOWITZ, GOTTFRIED, L.
ROSENTHAL, COOK, BENEDETTO). AN ACT TO AMEND THE ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK, THE EMERGENCY TENANT PROTECTION ACT
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NYS ASSEMBLY JUNE 3, 2022
OF 1974 AND THE EMERGENCY HOUSING RENT CONTROL LAW, IN RELATION TO
PROHIBITING SURCHARGES FOR THE INSTALLATION OR USE OF AIR CONDITIONER
UNITS IN HOUSING ACCOMMODATIONS SUBJECT TO RENT REGULATION.
ACTING SPEAKER STERN: AN EXPLANATION HAS
BEEN REQUESTED, MR. DINOWITZ.
MR. DINOWITZ: I WILL BE HAPPY TO GIVE YOU AN
EXPLANATION. SO, THIS BILL WOULD PROHIBIT, PROHIBIT A LANDLORD FROM
IMPOSING A SURCHARGE ON A TENANT FOR THE USE OF A TENANT-INSTALLED AIR
CONDITIONER IF THE TENANT PAYS FOR THE ELECTRIC UTILITY SERVICE. THIS
APPLIES TO RENT-REGULATED APARTMENTS IN NEW YORK CITY.
ACTING SPEAKER STERN: MR. FITZPATRICK.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER STERN: WILL THE SPONSOR
YIELD?
MR. DINOWITZ: I WILL.
ACTING SPEAKER STERN: THE SPONSOR YIELDS.
MR. FITZPATRICK: SO, UNDER CURRENT LAW IF THE
TENANT INSTALLS AN AIR CONDITIONER, WASHING MACHINE, REFRIGERATOR OR ANY
APPLIANCE, UNDER THE LAW THERE -- A $5 PER MONTH SURCHARGE IS
PERMITTED; IS THAT CORRECT? CURRENTLY.
MR. DINOWITZ: I -- I WOULD SAY MORE LIKE UNDER
DHCR REGULATIONS THE SURCHARGE IS PERMITTED.
MR. FITZPATRICK: OKAY. AND -- AND WHY ARE
THEY ALLOWED TO LEVY THAT SURCHARGE WHEN A TENANT INSTALLS THEIR OWN?
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NYS ASSEMBLY JUNE 3, 2022
MR. DINOWITZ: WELL, PRETTY MUCH BECAUSE THEY'VE
ALLOWED TENANTS TO GET RIPPED OFF. NOW, THINK ABOUT THIS. THINK ABOUT
THIS FOR A MINUTE. SO, IT'S THE END OF JUNE, IT'S GETTING REALLY HOT. SO
SOMEBODY DECIDES, I'M GOING TO GO BUY ME AN AIR CONDITIONER. SO
THEY GO TO THE STORE, THEY SPEND $3-, $4-, $5-, $600 ON AN AIR
CONDITIONER. THEY SCHLEP IT HOME, THEY PAY MORE MONEY TO HAVE
SOMEBODY INSTALL IT. THEY PLUG IT IN, TURN IT ON AND THEN AT SOME POINT
A FEW WEEKS LATER THEY GET AN ELECTRIC BILL AND THEY PAY THE ELECTRIC BILL.
NOW WHILE ALL THIS IS HAPPENING, WHAT'S THE LANDLORD DOING? THE -- THE
LANDLORD IS SITTING ON HIS BUTT DOING NOTHING EXCEPT COLLECTING EXTRA
MONEY WHICH I WOULD CALL A WINDFALL PROFIT. I DON'T HAVE A PROBLEM
WITH A LANDLORD MAKING THE PROFIT IF THEY EARN THE PROFIT, BUT THEY DID
NOTHING WHATSOEVER TO EARN THAT EXTRA PROFIT. NOTHING. THE TENANT
BOUGHT THE AIR CONDITIONER, THEY PAID TO GET IT INSTALLED AND IT PAYS THE
ELECTRIC BILL. THERE IS NO COST WHATSOEVER TO THE LANDLORD, THERE IS NO
DAMAGE TO THE LANDLORD'S PROPERTY. THERE'S NOTHING. SO WHY SHOULD
THE LANDLORD IN THIS PARTICULAR CASE GET ANYTHING FROM THE TENANT?
MR. FITZPATRICK: WELL, LET ME -- LET ME -- LET ME
OFFER THIS, BECAUSE THE -- THE LANDLORD IS ASSUMING THE RESPONSIBILITY OR
THE LIABILITY, RATHER, FOR PERHAPS AN ERRONEOUS OR A POOR INSTALLATION. IF
THERE IS A MALFUNCTION AND THERE IS DAMAGE DONE TO THE OWNER'S
PROPERTY, WHICH IS THE BUILDING, DOES THE TENANT STEP UP AND SAY, IT'S MY
FAULT, I'LL OFFER TO PAY THE DAMAGES?
MR. DINOWITZ: WHAT DAMAGES? WHAT ARE YOU
TALKING ABOUT?
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MR. FITZPATRICK: MAYBE DAMAGE FROM A POOR
INSTALLATION. IT MAY BE BAD WIRING, YOU COULD HAVE A FIRE, YOU COULD
HAVE, YOU KNOW, WATER DAMAGE OR FLUID LEAKAGE FROM A
POORLY-INSTALLED MACHINE OR A DEFECTIVE AIR CONDITIONER OR APPLIANCE
AND DAMAGE IS DONE TO, YOU KNOW, THE INTERIOR OF THE BUILDING OR THE
EXTERIOR. SO THE TENANT IS NOT GOING TO STEP UP AND SAY, GEE, SORRY, YOU
KNOW, MY FAULT. I'LL PAY FOR THE DAMAGE. THAT'S NOT GOING TO HAPPEN,
AND THAT'S WHY THE CHARGE IS LEVIED TO COVER THAT ADDITIONAL LIABILITY. IF
THERE'S POOR OR INADEQUATE --
MR. DINOWITZ: WELL, I DON'T THINK THAT'S --
MR. FITZPATRICK: -- INSTALLATION, THE -- THE
PROPERTY OWNER IS ON THE HOOK FOR THAT LIABILITY AND THAT'S WHY THAT
CHARGE IS ALLOWED TO BE LEVIED. THE DHCR UNDERSTANDS THAT.
MR. DINOWITZ: WELL, I DON'T KNOW IF DHCR
UNDERSTANDS OR DOESN'T UNDERSTAND, BUT I DON'T REMEMBER SEEING
ANYTHING IN THEIR REGULATIONS WHICH INDICATE THAT THAT'S THE REASON WHY
THEY ALLOW THAT CHARGE TO BE LEVIED. NOW, THE LOGICAL EXTENSION OF
WHAT YOU'RE SAYING IS THAT, WELL, MAYBE THE LANDLORD WOULD'VE MAYBE
CHARGED $5 IF HE INSTALLED A TELEVISION, BECAUSE AFTER ALL THESE DAYS, YOU
KNOW, YOU PUT THE TELEVISION ON THE WALL AND MAYBE THE BUILDING WILL
COLLAPSE IF THEY PUT THE NAIL IN THE WRONG SPOT. MAYBE THE LANDLORD
WILL BE ABLE TO CHARGE $5 A MONTH FOR SOME OTHER KIND OF INSTALLATION.
THE POINT BEING, THE LANDLORD IS ENTITLED TO MAKE MONEY ON HIS
BUILDING OR HER BUILDING. THE LANDLORD GETS THE AMOUNT OF MONEY THAT
IS ALLOWABLE UNDER THE LAW, AND THIS JUST A WINDFALL PROFIT FOR WHAT IS
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NYS ASSEMBLY JUNE 3, 2022
THESE DAYS NOT A LUXURY, BUT A NECESSITY. GIVEN ALL THE GLOBAL WARMING
THAT SOME OF YOUR FRIENDS OVER THERE ARE CAUSING AROUND HERE IN THE
CLIMATE, YOU NEED AN AIR CONDITIONER. LET'S BE HONEST, YOU NEED AN AIR
CONDITIONER. THIS IS NOT A LUXURY. AND WHY SHOULD ANYBODY PAY $5 A
MONTH YEAR ROUND, BY THE WAY, FOR THE PRIVILEGE OF HAVING AN AIR
CONDITIONER SO THEY DON'T SUFFOCATE DURING THE SUMMER?
MR. FITZPATRICK: WELL, LET ME EXPLAIN. OKAY,
THAT'S -- THAT'S ENOUGH HOT AIR FOR NOW. THANK YOU, JEFF.
ON THE BILL, MR. SPEAKER.
I -- I ALWAYS ENJOY MY CONVERSATIONS WITH -- WITH MR.
DINOWITZ. WE -- WE -- WE FIND IT HARD TO AGREE WHEN IT COMES TO
HOUSING ISSUES. BUT THE REASON THERE IS A -- THE LANDLORD IS ALREADY NOT
RECEIVING A FAIR RENT TO PAY -- TO COVER THEIR EXPENSES UNDER THE RENT
STABILIZATION LAWS NOW. THAT HAS BEEN EXACERBATED BY THE PANDEMIC
WITH PEOPLE UNABLE TO PAY THEIR RENT, FOR FAILING TO PAY THEIR RENT. TO
DESCRIBE A $5 SURCHARGE TO COVER THE LIABILITY AND THE POTENTIAL COST OF
REPAIR DUE TO POTENTIAL DAMAGE FROM A POOR INSTALLATION OR -- OR A
DEFECTIVE MACHINE IS -- I WOULD NOT DESCRIBE AS A WINDFALL PROFIT. THAT
IS MONEY THAT IS GOING INTO THE REPAIR AND UPKEEP OF THE BUILDING THAT IS
ALREADY VERY DIFFICULT FOR THAT LANDLORD TO UNDERTAKE BECAUSE OF RENT
STABILIZATION. SO IT'S NOT A WINDFALL AT ALL. IT'S -- IT'S JUST ANOTHER -- IT'S A
SOURCE OF REVENUE TO HELP OFFSET THE EVER-INCREASING COST OF RUNNING A
BUILDING; THE COST OF ELECTRICITY, THE COST OF WATER, THE COST OF WASTE --
SOLID WASTE REMOVAL, AMONG OTHER THINGS. SO DHCR, THIS IS WHY
DHCR ALLOWS FOR A $5 SURCHARGE WHEN -- WHEN A TENANT INSTALLS THEIR
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OWN APPLIANCE TO COVER THE ADDITIONAL COST OF THAT -- OF THAT LIABILITY
AND ANY -- AND ANY OTHER COSTS. SO A WINDFALL I WOULD NOT DESCRIBE IT AT
ALL, BUT JUST A LITTLE EXTRA TO TRY AND OFFSET BECAUSE THE LANDLORD CANNOT
COVER THEIR COST OR ARE FINDING IT -- ESPECIALLY SMALLER LANDLORDS ARE
FINDING IT VERY DIFFICULT TO COVER THEIR COSTS DUE TO RENT STABILIZATION
AND THE ADDITIONAL BURDENS PLACED UPON THEM BY THE PROBLEMS CAUSED
BY THE PANDEMIC.
SO FOR THAT REASON I WOULD ASK MY COLLEAGUES TO
CONSIDER VOTING AGAINST THIS. IT'S, I KNOW, WELL-INTENTIONED. I KNOW
HOW PASSIONATE THE SPONSOR IS ABOUT TENANTS. WE ALL LIKE TENANTS. AND
I DON'T THINK LANDLORDS ARE BAD PEOPLE AT ALL. THEY PROVIDE A QUALITY
PRODUCT AT A REASONABLE COST WHICH IS BECOMING INCREASINGLY MORE
DIFFICULT TO PROVIDE, GIVEN THE RESTRICTIONS PLACED UPON THEM BY RENT
STABILIZATION. AND SO I WOULD ASK MY COLLEAGUES TO PLEASE CONSIDER
MAYBE VOTING AGAINST THIS LEGISLATION AND I WOULD ASK THE SPONSOR TO
GO -- YOU KNOW, KIND OF BE A, YOU KNOW, DON'T BE SO MEAN TO THE
LANDLORDS. THEY'RE GOOD PEOPLE. THANK YOU.
ACTING SPEAKER STERN: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER STERN: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 2012-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.
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NYS ASSEMBLY JUNE 3, 2022
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO
SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE YES ON THE FLOOR OR BY
CONTACTING THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER STERN: AND MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU -- THANK YOU,
MR. SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS
PIECE OF LEGISLATION, ALTHOUGH THERE COULD BE A FEW OF OUR MEMBERS THAT
WOULD LIKE TO BE AN EXCEPTION. THEY SHOULD CALL THE MAJORITY LEADER'S
OFFICE, WE'LL BE HAPPY TO RECORD THEIR VOTE.
THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER STERN: MR. GOODELL TO
EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU. MANY OF US HERE HAVE
NEVER BEEN A LANDLORD. I HAVE. I OPERATE A BUILDING WHERE I HAD
CENTRAL HEAT, I PROVIDE CENTRAL HEAT TO MY TENANTS AND I ALSO HAD
WINDOW AIR CONDITIONING UNITS. AND WHAT I DISCOVERED IS WHEN I PUT IN
WINDOW AIR CONDITIONING UNITS, I HAD TO ALSO UPGRADE THE BASIC
ELECTRICAL INFRASTRUCTURE. I HAD TO UPGRADE THE CIRCUIT BOX, THE CAPACITY
OF THE BUILDING BECAUSE AIR CONDITIONERS USE A LOT OF ELECTRICITY. WHAT I
ALSO DISCOVERED IS THAT DURING THE WINTER THE HEATING BILL WENT UP
UNLESS I PERSONALLY WENT AROUND AND REMOVED THE AIR CONDITIONERS,
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NYS ASSEMBLY JUNE 3, 2022
BECAUSE IF YOU DON'T REMOVE THE AIR CONDITIONERS IN THE FALL THERE'S A LOT
OF AIR LEAKAGE AROUND IT WHICH DROVE UP MY UTILITY BILL. AND SO
UNFORTUNATELY, EVEN WHEN A TENANT BUYS THE AIR CONDITIONER AND PUTS IT
IN THE WINDOW, THE LANDLORD INCURS COSTS IN MAINTAINING THE BUILDING,
UPGRADING THE ELECTRICAL INFRASTRUCTURE AND ADDRESSING THE DIFFERENT
UTILITY ISSUES THAT RELATE TO HEATING AND THE BUILDING. SO A SMALL
MONTHLY CHARGE OFFSETS THOSE COSTS. AND THAT'S WHY I'M NOT WILLING TO
FORCE MORES COST ON THE LANDLORD WITHOUT ANY COMPENSATION.
THANK YOU, SIR.
ACTING SPEAKER STERN: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01940-E, RULES
REPORT NO. 289, BUTTENSCHON, GALEF, WILLIAMS, ABINANTI, CONRAD,
STIRPE, ABBATE, ZEBROWSKI, SILLITTI, SOLAGES, MAGNARELLI, WOERNER,
JACKSON, GUNTHER, JONES, BRAUNSTEIN, GIBBS, SAYEGH, LAVINE, GRIFFIN,
CRUZ, DARLING. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO THE MAINTENANCE OF RECORDS OF CATALYTIC CONVERTERS.
ACTING SPEAKER STERN: ON A MOTION BY MS.
BUTTENSCHON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
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NYS ASSEMBLY JUNE 3, 2022
THE SPONSOR YIELD?
ACTING SPEAKER STERN: WILL THE SPONSOR
YIELD?
MS. BUTTENSCHON: YES.
ACTING SPEAKER STERN: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MS. BUTTENSCHON. IT'S
MY UNDERSTANDING THAT THE PURPOSE OF THIS LEGISLATION IS TO TIGHTEN, IF
YOU WILL, CONTROLS ON THE RECYCLING OF CATALYTIC CONVERTERS. AS WE ALL
KNOW, CATALYTIC CONVERTERS ARE VERY EXPENSIVE. THEY CONTAIN SOME
VERY VALUABLE METALS, AND WE WANT TO REDUCE THE EASE IN WHICH THIEVES
COULD FENCE CATALYTIC CONVERTERS, RIGHT, AND THAT'S REALLY WHAT YOUR
AIMING AT?
MS. BUTTENSCHON: CORRECT.
MR. GOODELL: AND SO YOU HAVE RESTRICTIONS ON
HOW THEY CAN BE RECYCLED, WHO CAN RECYCLE THEM AND, IN PARTICULAR,
YOUR OBJECTIVE, AS I UNDERSTAND IT, IS TO REQUIRE THAT THESE BE RECYCLED
THROUGH LICENSED RECYCLING COMPANIES, RIGHT? RECYCLING --
MS. BUTTENSCHON: WELL, BASICALLY THERE IS
DISMANTLERS AND THEN THERE IS THE SCRAP PROCESSORS. SO THIS BILL WOULD
PROVIDE THAT THEY WOULD HAVE TO DOCUMENT. NOTHING NEW FOR THE SCRAP
PROCESSOR AT THIS POINT. THIS IS A PROCESS THAT THEY UTILIZE AT THIS POINT.
THE DIFFERENCE WOULD BE WITH THE DISMANTLERS, AS THEY WOULD HAVE TO
KEEP RECORDS OF THE CATALYTIC CONVERTERS AS THEY COME IN AND REPORT THAT
EVERY 60 DAYS TO THE DEPARTMENT OF MOTOR VEHICLES.
MR. GOODELL: AND OF COURSE YOUR BILL DEFINES A
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NYS ASSEMBLY JUNE 3, 2022
CATALYTIC CONVERTER AS A, QUOTE, "MAJOR COMPONENT PART OF A VEHICLE."
AND SOME OF THE CATALYTIC CONVERTER -- I -- I'M SORRY, SOME OF THE
CERTIFIED SCRAP PROCESSORS POINT OUT THAT WITH THAT DEFINITION IT TRIGGERS
A DIFFERENT SECTION OF THE LAW THAT REQUIRES THEM TO SEEK IDENTIFICATION
AND A VIN IN ORDER TO RECYCLE A, QUOTE, "MAJOR COMPONENT PART." HOW
WOULD YOU ADDRESS THAT CONCERN? IN OTHER WORDS, AS A SCRAP -- THE
CERTIFIED SCRAP PROCESSORS ARE SAYING, WE LIKE YOUR BILL. I THINK IT'S A
GREAT IDEA. BUT WE HAVE THIS PROBLEM BECAUSE A DIFFERENT SECTION OF
THE LAW APPEARS TO IMPOSE RESTRICTIONS ON THIS. HOW WOULD YOU
RESPOND TO THAT CONCERN?
MS. BUTTENSCHON: CURRENTLY THIS IS WHAT THEY
ARE DOING. THEY ARE COLLECTING THIS INFORMATION AS ANYONE WOULD BRING
A PRODUCT IN. SO THIS IS NOT ANYTHING NEW. I BELIEVE YOU'RE REFERRING TO
THE COMMENT REGARDING THE CERTIFICATE. IT'S ACTUALLY CALLED THE
CERTIFICATE OF TITLE, BUT A CERTIFICATE OF TITLE IS ATTACHED TO A WHOLE
VEHICLE, IT'S NOT ATTACHED TO A PART. SO THOSE CLEARLY ARE WHAT AN
INDIVIDUAL WOULD BE BRINGING A VEHICLE IN IS WHERE THE CERTIFICATE OF
TITLE IS. BUT WE'RE TALKING ABOUT A CATALYTIC CONVERTER IS A PART OF A CAR,
SO THAT IS WHY IT'S IDENTIFIED AS A MAJOR COMPONENT PART AT THIS POINT,
AGAIN, WHERE THE DISMANTLER WOULD BE COLLECTING INFORMATION TO BE
REPORTED TO THE DEPARTMENT OF MOTOR VEHICLES ON A 60-DAY CYCLE
VERSUS THE SCRAP PROCESSOR. THIS IS SOMETHING THAT THEY WOULD BE
DOING. FOR EXAMPLE, YOU'RE CLEANING A BARN OUT, AND AS YOU CLEAN THE
BARN OUT MAYBE THERE'S A COUPLE CATALYTIC CONVERTERS THERE. THOSE
PRODUCTS WOULD BE COMING IN, IT WOULD BE NOTHING DIFFERENT.
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NYS ASSEMBLY JUNE 3, 2022
MR. GOODELL: SO IT'S -- THE SECTION I'M LOOKING AT
IS THE VEHICLE AND TRAFFIC LAW SECTION 415(A), SUBPARAGRAPH 14, AND IT
SAYS RESTRICTIONS ON SCRAP PROCESSORS, AND A CERTIFIED SCRAP PROCESSOR
SHALL NOT PURCHASE ANY MATERIAL WHICH MAY HAVE BEEN IN -- WHICH MAY
HAVE BEEN A VEHICLE -- SADLY, THAT DESCRIBES MINE -- OR A MAJOR
COMPONENT OTHER THAN FROM A DEALER OR THE GOVERNMENT OR AN INSURANCE
COMPANY OR -- AND THIS IS THE TRIGGER -- A PERSON IN WHOSE NAME A
CERTIFICATE OF TITLE OR OTHER OWNERSHIP DOCUMENT HAS BEEN ISSUED FOR
SUCH VEHICLE. AND SO THE SCRAP DEALERS ARE SAYING, DO WE NEED TO SEE
A CERTIFICATE OF TITLE FOR THE ENTIRE VEHICLE IN ORDER TO ACCEPT THIS
MAJOR COMPONENT, AND YOUR BELIEF IS WITH THIS LEGISLATION THAT WOULD
NOT BE NECESSARY?
MS. BUTTENSCHON: NO, THEY WOULD BE HOLDING
THE SAME PROCESS, AGAIN, AS -- THE POSSIBILITY OF -- OF A FEW CONVERTERS
BEING IN THAT SCRAP PILE. I DO HAVE THE FORTUNATY OF -- OF TALKING TO A
LOCAL ONE WITHIN MY DISTRICT THAT IDENTIFIED EVERY SINGLE ONE OF THESE
STEPS THEY ARE HANDLING AT THIS POINT.
MR. GOODELL: THANK YOU VERY MUCH, MS.
BUTTENSCHON. I APPRECIATE YOUR COMMENTS.
SIR, ON THE BILL.
ACTING SPEAKER STERN: ON THE BILL.
MR. GOODELL: IT'S ALWAYS AMAZING WHEN WE -- WE
DRAFT LEGISLATION HOW -- HOW ONE PIECE OF LAW CAN AFFECT OTHERS, AND SO
-- AND THE BILL THAT WE'RE LOOKING AT HERE, IT DESCRIBES A CATALYTIC
CONVERTER AS A, QUOTE, "MAJOR COMPONENT OF A VEHICLE", AND THAT THEN
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NYS ASSEMBLY JUNE 3, 2022
TRIGGERS A WHOLE DIFFERENT SECTION IN THE VEHICLE AND TRAFFIC LAW
WHICH SAYS THAT A CERTIFIED SCRAP DEALER, WHEN RECEIVING A MAJOR
COMPONENT FROM AN INDIVIDUAL, HAS TO LOOK AT THE CERTIFICATE OF TITLE.
AND OF COURSE THERE IS NO CERTIFICATE OF TITLE FOR A CATALYTIC CONVERTER,
AND IF YOUR VEHICLE DOESN'T HAVE ONE YOU'RE NOT ALLOWED TO DRIVE IT TO
THE SCRAP DEALER ANYWAY. SO THERE'S A LITTLE BIT OF A DILEMMA. AND I
THINK -- AND I APPRECIATE THE SPONSOR'S COMMENTS. WE MAY NEED TO
COME BACK AND CLARIFY THIS IN A CHAPTER AMENDMENT, BUT I THINK THE --
THE FACT THAT WE ARE CLEAR ON THIS LAW THAT WE ANTICIPATE THAT CERTIFIED
SCRAP DEALERS WILL BE HANDLING THIS PARTICULAR COMPONENT AND WE ALL
KNOW THERE'S NO CERTIFICATE OF TITLE, THAT THE FACT THAT WE'RE LOOKING AT
PASSING THIS TONIGHT MEANS WE ARE AWARE OF THE ISSUE AND WE WANT THIS
NEW LAW TO GOVERN WITHOUT OBVIOUSLY HAVING NO IMPACT OVER ANY OTHER
AMBIGUOUS REFERENCES IN OTHER SECTIONS.
SO WITH THAT CLEAR UNDERSTANDING, I APPRECIATE THE
SPONSOR'S POSITION AND WILL SUPPORT HER EFFORTS ON THIS BILL. THANK YOU
TO THE SPONSOR; THANK YOU, MR. SPEAKER.
ACTING SPEAKER STERN: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER STERN: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9428. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY JUNE 3, 2022
MS. BUTTENSCHON TO EXPLAIN HER VOTE.
MS. BUTTENSCHON: THANK YOU, MR. SPEAKER.
SINCE 2021, A 400 PERCENT INCREASE IN THE THEFT OF CATALYTIC CONVERTERS
HAS OCCURRED. THIS IS A VERY SIGNIFICANT ISSUE THAT WE ARE FACING. THIS
LEGISLATION'S PURPOSE IS TO LOOK AT ENSURING THAT IT IS SUPPLY, AND THUS
THE DEMAND WILL COME DOWN. SO WITH THE REPORTING OF CATALYTIC
CONVERTERS THAT COME IN TO OUR SCRAPERS AS WELL AS OUR DISMANTLERS IN
THE STATE OF NEW YORK, IT IS THE ATTEMPT TO ENSURE, AGAIN, THAT THESE
PARTS WHICH ARE NOW IDENTIFIED AS PARTS THAT ARE PRIORITY WITHIN THE
SENSE OF THE DEPARTMENT OF MOTOR VEHICLES.
I DO WANT TO THANK THE LEADERSHIP AS WELL AS THE STAFF.
AS -- AS YOU CAN SEE THAT THIS WAS A -- A DIFFICULT PROCESS AND ONE THAT
NEEDED TO BE ADDRESSED THIS SESSION, AS WELL AS AN INDIVIDUAL WITHIN
MY DISTRICT, MR. MASTRANGELO, THAT FACED AS A SMALL BUSINESS OWNER
NUMEROUS THEFTS OF CATALYTIC CONVERTERS ON VEHICLES THAT HE WAS
WORKING ON.
SO THANK YOU, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. BUTTENSCHON IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 11, RULES REPORT NO. 443, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03166-A, RULES
REPORT NO. 443, DINOWITZ, ENGLEBRIGHT, SIMON, DICKENS, SAYEGH,
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NYS ASSEMBLY JUNE 3, 2022
GOTTFRIED, OTIS. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION
TO REQUIRING THE REGISTRATION OF ENERGY BROKERS AND ENERGY CONSULTANTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION HAS BEEN REQUESTED, MR. DINOWITZ.
MR. DINOWITZ: I'M GLAD YOU ASKED. SO, THIS BILL
RELATES TO ENERGY BROKERS. ENERGY BROKERS AND ENERGY CONSULTANTS SELL
ENERGY TO END-USE CUSTOMERS ON BEHALF OF ESCOS; THAT'S ENERGY SERVICE
COMPANIES. BUT DUE TO THE LACK OF REGULATION OF THESE BROKERS AND
CONSULTANTS THERE HAVE BEEN CASES OF BAD ACTORS TAKING ADVANTAGE OF
CUSTOMERS. FOR EXAMPLE, BROKERS OR CONSULTANTS DISHONESTLY
REPRESENTING THE PRICE THAT A CUSTOMER WILL PAY FOR THE ENERGY OR THE
BROKER OF CONSULTANT BEING UNDERQUALIFIED. AND THERE HAVE BEEN EVEN
CASES OF A BROKER OR CONSULTANT TAKING KICKBACKS FROM LANDLORDS AT THE
EXPENSE OF THE TENANTS. THIS LEGISLATION WOULD REMEDY THIS SITUATION
BY REQUIRING ENERGY BROKERS AND CONSULTANTS TO REGISTER WITH THE PUBLIC
SERVICE COMMISSION TO SELL ENERGY ON BEHALF OF ESCOS AND TO HOLD
THEM ACCOUNTABLE IN THEIR DEALINGS WITH CUSTOMERS.
ACTING SPEAKER AUBRY: MR. PALMESANO.
MR. PALMESANO: WILL THE SPONSOR YIELD JUST FOR A
COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL
YOU YIELD?
MR. DINOWITZ: SURE.
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NYS ASSEMBLY JUNE 3, 2022
MR. PALMESANO: THANK YOU, MR. DINOWITZ.
ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS.
MR. PALMESANO: I KNOW WE TRIED TO TALK ABOUT
THIS A LITTLE BIT BEFORE. I --
MR. DINOWITZ: BEFORE YOU GO --
MR. PALMESANO: SURE, GO AHEAD.
MR. DINOWITZ: -- IF YOU WOULDN'T MIND PROJECTING
--
MR. PALMESANO: SURE.
MR. DINOWITZ: -- AND SPEAKING SLIGHTLY MORE
SLOWLY SO THAT I CAN ACTUALLY UNDERSTAND YOU.
MR. PALMESANO: ABSOLUTELY. I WILL DO THAT. I
KNOW WE -- I APPRECIATE IT. I KNOW WE SPOKE A LITTLE BIT ABOUT THIS THE
OTHER DAY, AND I -- I GENERALLY LIKE YOUR BILL. I JUST HAD SOME QUESTIONS
AND, YOU KNOW, THEY WERE BROUGHT TO MY ATTENTION. I JUST WANTED TO
MAKE SURE I UNDERSTAND THE INTENTION BEHIND IT BECAUSE YOU -- YOU
KNOW, THE BAD ACTORS ARE OUT THERE AND I KNOW THAT'S THE WHOLE PURPOSE
OF THE LEGISLATION. I JUST -- IT WAS BROUGHT TO MY ATTENTION THAT THERE
MIGHT BE SOME CONCERNS THAT THIS MIGHT ACTUALLY LUMP IN ESCOS WITH
THE BROKERS, AND SO I KIND OF WANTED TO CLARIFY IT JUST A LITTLE BIT ABOUT
THAT. SO, I KNOW YOU MENTIONED IF THERE'S A BROKER OR A CONSULTANT
THAT'S OUT THERE INDEPENDENTLY, ACTING TO PROMOTE AND SELL PEOPLE TO GET
TO AN ESCO THAT'S -- THAT'S -- THAT WOULD BE INCLUDED IN THAT -- THAT AREA,
CORRECT?
MR. DINOWITZ: WELL, YES. THE BILL DEALS WITH
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NYS ASSEMBLY JUNE 3, 2022
BROKERS AND CONSULTANTS -- BY THE WAY, IT'S A LITTLE NOISY -- BROKERS AND
CONSULTANTS, SO THE ESCOS AREN'T THE OBJECT OF THIS BILL.
MR. PALMESANO: RIGHT. AND SO THE -- THE OTHER
QUESTION I HAD IS BECAUSE I KNOW LIKE IN THE LANGUAGE WHERE IT TALKS
ABOUT IF THEY'RE -- IF THEY'RE DOING -- DOING CONTRACTUAL AND, YOU KNOW,
FOR THE SELLING OF THE SERVICE, HOW ABOUT, LIKE, TELE -- TELESALES AGENTS
AND WHOSE WHO HAVE WORKED FOR AN ESCO? BECAUSE I KNOW THE
ESCOS ARE REGULATED BY THE PUBLIC SERVICE COMMISSION AND FOLLOW
THE UNIFORM BUSINESS PRACTICE CODE. WOULD THOSE TELESERVICE AGENTS
THAT WORK FOR THE ESCO, IF THEY'RE TALKING TO CUSTOMERS, YOU KNOW, ON
-- ON THE PHONE, WORKING ACTUALLY FOR THE ESCO AND NOT INDEPENDENT,
WOULD THEY HAVE TO REGISTER WITH THE PUBLIC SERVICE COMMISSION AND
DISCLOSE THEIR COMPENSATION AS WELL?
MR. DINOWITZ: IF -- IF YOU LOOK AT THE BILL, IF THEY
FALL WITHIN THE DEFINITION, AS INDICATED IN THE BILL, OF A -- OF A CONSULTANT
OR A BROKER THEN THE ANSWER WOULD BE YES. BUT OTHERWISE, NO.
MR. PALMESANO: OKAY. SO JUST TO CLARIFY -- SO
JUST TO CLARIFY, SO IF THEY'RE WORKING FOR THE COMPANY AS AN ACTUAL
EMPLOYEE DOING THE TELE -- TELESALES, THEY WOULD NOT HAVE TO REGISTER AS
A BROKER OR THEY WOULD HAVE TO REGISTER AS A BROKER, IN THIS CASE THEIR
COMPENSATION?
MR. DINOWITZ: IF THEY WORK FOR THE COMPANY AND
THEY'RE DOING THE TYPE OF ACTIVITY THAT IS DEFINED IN HERE AS A BROKER OR A
CONSULTANT, THEN THEY WOULD. BUT IF THEY WORKED FOR THE COMPANY
THEY'RE NOT DOING WHAT'S DEFINED IN HERE AS A BROKER OR CONSULTANT THEN
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NYS ASSEMBLY JUNE 3, 2022
THEY WOULD NOT.
MR. PALMESANO: ALL RIGHT. SO TECHNICALLY, THERE
WOULD BE SOME EMPLOYEES THAT WOULD HAVE TO REGISTER AS A BROKER AND
DISCLOSE THEIR COMPENSATION IF THEY WORK FOR THE ESCO THEN, CORRECT?
MR. DINOWITZ: I'M HAVING A LITTLE TROUBLE
UNDERSTANDING BECAUSE OF THE NOISE ON THAT SIDE OF THE AISLE.
MR. PALMESANO: THAT'S OKAY. THAT'S -- THAT'S ALL
RIGHT. I THINK IT -- SO BASICALLY, TECHNICALLY, IF THERE ARE SOME
EMPLOYEES, IF THEY WORK FOR THE ESCO, THAT ARE DOING THE WORK AND
TRYING TO SELL, TELESALES AGENTS TRYING TO SELL THEM -- TO SIGN UP WITH AN
ESCO AS AN OPTION, THOSE INDIVIDUALS WOULD HAVE TO REGISTER BUT OTHER
ONES WOULDN'T -- MIGHT NOT HAVE TO. AND -- AND WHEN THEY REGISTER
THEY WOULD HAVE TO DISCLOSE COMPENSATION THAT THEY'RE MAKING AS WELL,
CORRECT?
MR. DINOWITZ: CORRECT.
MR. PALMESANO: AND AS -- THEY WOULD REGISTER
THAT INFORMATION THAT WOULD BE PUBLIC WITH THE PUBLIC SERVICE
COMMISSION, CORRECT?
MR. DINOWITZ: THEY HAVE TO DISCLOSE THAT TO THE
CUSTOMER. IT'S THE CUSTOMER WHO NEEDS TO HAVE THAT INFORMATION.
MR. PALMESANO: ALL RIGHT. THANK -- THANK YOU,
MR. DINOWITZ. I REALLY APPRECIATE YOUR TIME.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
PALMESANO.
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NYS ASSEMBLY JUNE 3, 2022
MR. PALMESANO: YES, MR. SPEAKER. I REALLY
APPRECIATE THE SPONSOR'S TIME. I JUST WANT -- YOU KNOW, THERE'S NOTHING
-- THIS IS NOT A BAD BILL. I -- I UNDERSTAND THE INTENTION BEHIND THE BILL,
TRYING TO, YOU KNOW, OBVIOUSLY GET PEOPLE TO REGISTER AND TO MAKE --
YOU KNOW, MAKE SURE THERE'S NO UNSCRUPULOUS DEALINGS GOING ON
BECAUSE THERE'S DEFINITELY BEEN DOCUMENTATION OF THAT. I THINK THE
QUESTION NOW IS TRYING TO BRING OUT IS THERE ARE SOME CONCERNS ABOUT
LUMPING ESCOS INTO THIS TO GET EMPLOYEES THAT ARE WORKING FOR A
COMPANY AND THEY'RE COVERED UNDER THE, YOU KNOW, PUBLIC SERVICE
LAW AND REGULATED BY THE PUBLIC SERVICE COMMISSION AND ARE
FOLLOWING UNIFORM BUSINESS PRACTICE, I THINK THAT'S WHERE SOME
CONCERNS MIGHT HAVE COME INTO PLAY. YOU KNOW, ESCOS BEING
LUMPED INTO THE DEFINITION OF THIS. I THINK THAT'S WHERE SOME OF THE
CONCERNS I WAS HEARING AS FAR AS HOW THAT MIGHT WORK. BUT I WOULD
EXPECT A NUMBER OF MEMBERS ON OUR SIDE OF THE AISLE TO NOT VOTE FOR
THIS BILL. BUT I THINK THOSE ARE SOME OF THE CONCERNS THAT I WAS HEARING
THAT I JUST KIND OF WANTED TO GET ON THE RECORD FOR THE DISCUSSION. BUT I
REALLY THE SPONSOR'S TIME AND HIS INTENTIONS WITH THIS LEGISLATION
BECAUSE I THINK THERE ARE -- ARE BAD ACTORS OUT THERE THAT NEED TO BE
ADDRESSED AND I THINK THAT'S WHAT HE'S TRYING TO DO WITH THE LEGISLATION.
I JUST WANTED TO CLARIFY A FEW OF THOSE POINTS FOR THE RECORD, SO I THANK
YOU, MR. DINOWITZ, FOR YOUR TIME AND CERTAINLY EXPLAINING THE BILL.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. DIPIETRO.
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NYS ASSEMBLY JUNE 3, 2022
MR. DIPIETRO: THANK YOU, MR. SPEAKER.
ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. DIPIETRO: I SAW -- I WAS AN ESCO AGENT FOR A
COMPANY FOR A NUMBER OF YEARS AND I CAN TELL YOU THAT THIS ISN'T TRUE.
THERE'S NOT A LOT OF UNSCRUPULOUS JUNK GOING ON WITH THESE PEOPLE.
MOST OF THEM ARE MOM-AND-POP PEOPLE, THEY SELL IT. IN ORDER -- THERE'S
ABOUT 55 ESCO COMPANIES IN NEW YORK STATE. IN ORDER TO SELL THAT
ENERGY TO A HOME OR A BUSINESS, THEY HAVE TO HAVE IT IN WRITING EXACTLY
WHAT THEY'RE GOING TO DO FOR THE LENGTH OF TIME. IT'S NOT WHERE THEY CAN
JUST SAY, OH, I'LL GIVE YOU UP TO FOUR KILOWATTS AN -- KILOWATTS AN HOUR,
FOUR CENTS OR WHATEVER. THAT'S NOT TRUE. THEY HAVE TO TELL YOU IN
WRITING EXACTLY WHAT IT IS AND FOR THE LENGTH OF TIME. THAT'S THE LAW.
SO IF SOMEBODY -- IF ONE PERSON MISREPRESENTED AND THAT'S WHY WE'RE
DOING THIS BILL, IT'S GARBAGE - NO OFFENSE - BECAUSE THIS ISN'T HAPPENING.
AND I'VE DEALT WITH A LOT OF ESCO COMPANIES IN MY BUSINESS. SO
WHEN IT COMES DOWN TO WHAT THE PRICE IS, WHAT THE KILOWATT HOURS IS,
WHAT THE WATTAGE IS IT'S GOT TO BE IN WRITING AND THEN THEY HAVE TO GIVE
YOU AN UPDATE AT LEAST YEARLY AND TELL YOU WHAT YOU SPENT, WHAT YOUR
SAVINGS WERE OR IF YOU DIDN'T. AND WHEN THE RATES GO UP THEY HAVE TO
NOTIFY YOU ABOUT THAT ALSO BECAUSE ENERGY COSTS FLUCTUATE. AND
DEPENDING ON WHAT GRID YOU'RE IN IN YOUR COMMUNITY, I COULD -- I
REMEMBER ONE TIME I WAS PAYING 4.2 CENTS A KILOWATT WHILE THREE MILES
DOWN THE ROAD THEY WERE PAYING SEVEN CENTS A KILOWATT FOR ELECTRIC. SO
WHEN THEY -- WHEN IT WAS FROM THE FOUR CENTS THE COMPANY HAS TO TELL
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NYS ASSEMBLY JUNE 3, 2022
YOU, WELL, WE'RE JUST -- WE'RE SELLING IT AT FIVE CENTS. SO WHEN YOU WERE
PAYING FOUR YOU WOULDN'T TAKE IT, BUT IF YOU'RE PAYING SEVEN YOU'RE
GOING TO GET A SAVINGS. SO I DON'T KNOW WHY WE'RE DOING THIS BILL
BECAUSE MOST OF THESE PEOPLE ARE MOM-AND-POPS, TRYING TO MAKE A FEW
EXTRA DOLLARS, AND NOW WE'RE GOING TO TELL THEM THEY'VE GOT TO GO AND
REGISTER WITH THE -- WITH THE DEC OR WHOEVER. THAT'S WAY OVERKILL. IT'S
OVERKILL. IT'S USELESS. IT DOESN'T DO ANYTHING EXCEPT MAKE THESE PEOPLE
-- PUT THEM IN A HARDSHIP. I DON'T KNOW IF THIS BILL IS GOING TO MAKE
THEM HAVE TO PAY A FEE NOW TO BE REGISTERED AS BROKERS, GO THROUGH
TRAINING, MAYBE TAKE A TEST. FOR WHAT? IT'S ALL -- IT'S RIDICULOUS.
I'M URGING A STRONG NO VOTE. AT 10 AFTER 1 IN THE
MORNING WE SHOULD NOT BE DOING THIS BILL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9414. 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 HAVE THE GREAT
PLEASURE OF BEING THE FLOOR LEADER OF A CONFERENCE THAT HAS A LOT OF
EXPERIENCE AND EXPERTISE AND DIFFERENT IDEAS. AS ONE OF MY COLLEAGUES
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NYS ASSEMBLY JUNE 3, 2022
MENTIONED, THIS IS A BILL THAT HE SUPPORTS BECAUSE IT REQUIRES ENERGY
BROKERS AND ENERGY CONSULTANTS TO BE REGISTERED WITH THE PUBLIC
SERVICE COMMISSION AND HAVE THAT TYPE OF OVERSIGHT THAT HAS BEEN
HELPFUL IN SO MANY OTHER AREAS. ANOTHER ONE OF MY COLLEAGUES NOTED
THAT THIS IS ANOTHER WAY THAT THE STATE OF NEW YORK EXTRACTS MONEY
FROM PEOPLE, INCLUDING SMALL BUSINESS PEOPLE, BECAUSE IT HAS A $500
REGISTRATION FEE AND HE KNOWS THAT THESE ENERGY CONSULTANTS ARE ALREADY
REGULATED AND ALREADY PROVIDE A GREAT DEAL OF INFORMATION. I'VE -- I'VE
ASKED FOR A FAST VOTE BECAUSE THE VOTE IN THE COMMITTEES WERE
GENERALLY IN FAVOR OF THIS, BUT I THINK BOTH MY COLLEAGUES MAKE GREAT
ARGUMENTS AND I LOOK FORWARD TO SEEING HOW MY CAUCUS ENDS UP ON
THIS BILL.
THANK YOU SO MUCH, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR. ALL
HAIL DEMOCRACY.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 12, RULES REPORT NO. 454, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07770-C, RULES
REPORT NO. 454, EPSTEIN, TAYLOR, QUART, SEAWRIGHT, KELLES, GONZÁLEZ-
ROJAS, CRUZ, FORREST, GOTTFRIED, SIMON, REYES, BURGOS, JACKSON,
MEEKS, STECK, TAPIA, RAMOS, FERNANDEZ, AUBRY, GIBBS, SOLAGES,
WEPRIN, FAHY, NIOU, J.D. RIVERA, L. ROSENTHAL, THIELE. AN ACT TO
AMEND THE INSURANCE LAW, IN RELATION TO AN IMMIGRATION BAIL BUSINESS.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. GOODELL: I APPRECIATE THE SPONSOR'S DESIRE TO
INCREASE THE AVAILABILITY OF BAIL BONDS FOR IMMIGRATE -- IMMIGRATION
RECIPIENTS OR PEOPLE WHO ARE FACING DEPORTATION AND TO REDUCE THE COST.
AND IN FACT IF YOU WERE TO ASK SOMEONE WHO IS FACING A DEPORTATION
PROCEEDING AND HAS TO POST BOND, WHAT THEY WOULD WANT TO SEE, I THINK
THIS BILL DOES A GREAT JOB IN DESCRIBING WHAT A PERSON SEEKING A BOND
WOULD WANT. AND SO THIS BILL SAYS THE FEE CANNOT EXCEED TEN PERCENT.
AND IF YOU'RE SEEKING A BOND, OF COURSE THE LOWER THE FEE THE BETTER,
AND SOME OF THESE FEES IN THE PRIVATE SECTOR OR OUT IN THE MARKET CAN BE
AS MUCH AS 20 OR 25 PERCENT. AND THIS BILL SAYS THAT THE BAIL BONDSMAN
CAN'T REQUIRE YOU, AS A CONDITION OF ISSUING THE BOND, TO WEAR AN ANKLE
BRACELET. AND OF COURSE IF I WERE LOOKING FOR A BOND I WOULDN'T WANT
TO WEAR AN ANKLE BRACELET BECAUSE IT REALLY KIND OF INTERFERES WITH MY
OWN SENSE OF PRIVACY. THE PROBLEM, THOUGH, IS THAT THESE RESTRICTIONS
WHERE WE CUT THE INCOME FOR THESE BONDING COMPANIES SOMETIMES IN
HALF AND MAKE IT HARDER FOR THEM TO LOCATE THE DEFENDANT IF THE
DEFENDANT DOESN'T SHOW UP WILL RESULT IN A REDUCTION IN INCOME AND A
LIKELY INCREASE IN THEIR EXPENSES. A BAIL COMPANY'S EXPENSES INCLUDE
THE FACT THAT THEY LOSE THE ENTIRE AMOUNT OF THEIR BOND THAT THEY POST IF
THE DEFENDANT DOESN'T SHOW UP AND THEY CAN'T FIND THEM. AND
UNFORTUNATELY, WHEN IT COMES TO UNDOCUMENTED IMMIGRANTS THEY
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NYS ASSEMBLY JUNE 3, 2022
PRESENT SPECIAL CHALLENGES TO LOCATE. UNLIKE A U.S. CITIZEN, THEY DON'T
HAVE SOCIAL SECURITY NUMBERS AND SO YOU CAN'T TRACK THEM THAT WAY.
THEY DON'T HAVE CREDIT CARDS BECAUSE THEY CAN'T GET A CREDIT CARD
WITHOUT A SOCIAL SECURITY NUMBER. THEY DON'T HAVE A DRIVER'S LICENSE
ADDRESS THAT YOU CAN ACCESS THROUGH DMV BECAUSE THAT BY LAW IS
CONFIDENTIAL NOW. SO ALL THE TYPICAL WAYS THAT YOU WOULD USE TO TRACK
DOWN SOMEONE WHO FAILED TO SHOW UP ARE NOT AVAILABLE TO YOU. AND
BY THEIR VERY NATURE, YOU'RE DEALING WITH PEOPLE WHO ARE BEING
DEPORTED BECAUSE THEY HAVE SUCCESSFULLY TYPICALLY BEEN ABLE TO LIVE
UNDERGROUND, OFF THE GRID. SO THEY'RE NOT BEING PAID WITH TAX DOLLARS
OR MONEY THAT'S REPORTED TO THE GOVERNMENT SO YOU DON'T -- CAN'T TRACK
THEM WITH THEIR SOCIAL SECURITY NUMBER. AND SO THEY'VE BEEN
(INAUDIBLE) WITH LIVING UNDER THE RADAR, IF YOU WILL, WHICH MAKES IT
VERY DIFFICULT FOR BONDING COMPANIES. AND BY THEIR VERY NATURE, MOST
OF THEM HAVE FRIENDS OR RELATIVES FROM THEIR HOME COUNTRY AND THAT
PRESENTS A SPECIAL PROBLEM FOR A BAIL BONDSMAN BECAUSE IF THESE
IMMIGRANTS WERE HERE WITHOUT LEGAL DOCUMENTATION GO BACK HOME TO
THEIR FOREIGN COUNTRY, IT'S LIKELY THEY WILL TRAVEL THE SAME WAY THEY GOT
TO THE UNITED STATES WHICH MEANS UNDOCUMENTED. THAT PRESENTS A
PROBLEM FOR THE BAIL BONDS COMPANY BECAUSE IF THEY DON'T SHOW UP AND
THEY WENT TO THEIR HOME COUNTRY AND THEY CAN'T DOCUMENT IT, THEY CAN'T
GET THEM BACK TO SHOW UP AND THEY LOSE THE ENTIRE BOND. THE REASON
THESE BAIL COMPANIES REQUIRE AN ANKLE BRACELET, OR AT LEAST SOME OF
THEM DO, AS A CONDITION OF GETTING THE BOND IS SO THEY CAN GET THE
DEFENDANT BACK TO COURT IF THEY DON'T SHOW UP AND THEY DON'T LOSE THEIR
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NYS ASSEMBLY JUNE 3, 2022
BOND. SO THE REAL PROBLEM THAT WE HAVE WITH THIS BILL IS BY CUTTING THE
INCOME, AND SOMETIMES MORE THAN IN HALF, AND INCREASING THE RISK OF
LOSS BY BARRING THE TECHNIQUES THEY USE TO LOCATE THESE DEFENDANTS
YOU'RE GOING TO HAVE A VERY SERIOUS IMPACT ON THE AVAILABILITY OF THESE
BONDS. AND SO THE UNFORTUNATE CONSEQUENCES THAT WHAT WE'RE GOING TO
FIND IS THERE AREN'T GOING TO BE ENOUGH BONDS OUT THERE ANYMORE
BECAUSE PEOPLE ARE LOSING TOO MUCH MONEY AND THEY'LL TAKE THE MONEY
AND INVEST IT SOMEWHERE ELSE. AND SO THE SOLUTION FOR THIS SITUATION IS
TO RECOGNIZE THAT WE'RE DEALING WITH THE -- THE BASIC ECONOMICS OF
SUPPLY AND DEMAND. AND SO IF WE WANT TO REDUCE THE COST OF BONDS FOR
IMMIGRANTS WE NEED TO INCREASE THE COMPETITION AND WE NEED TO
REDUCE THEIR RISK OF LOSS SO THAT THEY CAN MAKE A REASONABLE PROFIT
WHILE CHARGING LESS. AND SO WE HAVE TO LOOK AT HOW WE CAN HELP THEM
LOCATE DEFENDANTS SO THEY DON'T LOSE THE BOND AND HOW WE CAN HELP
THEM REDUCE THEIR COSTS SO THAT THEY CAN CHARGE LESS. AND IF WE FOCUS
ON THE UNDERLYING ECONOMICS WE'LL ACCOMPLISH THE OBJECTIVE THAT THIS
BILL HOPES TO ACHIEVE. BUT UNFORTUNATELY, COMING FROM THE OTHER
DIRECTION IS SIMPLY CUTTING THE REVENUE IN HALF AND INCREASING THEIR RISK
OF LOSS IS GOING TO RESULT IN FEWER BONDS FOR THOSE WHO ARE LUCKY
ENOUGH TO GET THEM, AND THE REST OF THEM UNFORTUNATELY WILL NOT BE ABLE
TO GET A BOND AND WILL HAVE TO LANGUISH IN FEDERAL JAIL WHERE THEY STILL
HAVE BONDS.
AND SO WHILE I -- I FULLY SUPPORT THE OBJECTIVE OF THIS
LEGISLATION, I THINK THAT UNFORTUNATELY IT WILL ACTUALLY CAUSE THE OPPOSITE
RESULT. AND FOR THAT REASON I CAN'T SUPPORT IT AND WOULD RECOMMEND
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NYS ASSEMBLY JUNE 3, 2022
AGAINST IT TO MY COLLEAGUES. THANK YOU, SIR.
ACTING SPEAKER AUBRY: IN ORDER TO TAKE THIS
BILL FURTHER, ON A MOTION BY MR. EPSTEIN THE SENATE BILL IS BEFORE THE
HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7475-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. ALTHOUGH WE
SUPPORT THE OBJECTIVE WE'RE OPPOSED TO THIS APPROACH. BUT THOSE WHO
WANT TO SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE IN FAVOR HERE ON THE
FLOOR OF THE ASSEMBLY.
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
THIS PIECE OF LEGISLATION. HOWEVER, THERE MAY BE A FEW COLLEAGUES THAT
WOULD LIKE TO BE AN EXCEPTION. THEY'RE WELCOME TO CALL THE MAJORITY
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NYS ASSEMBLY JUNE 3, 2022
LEADER'S OFFICE AND WE WILL BE HAPPY TO RECORD THEIR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: ACTUALLY, TO EXPLAIN MY COMMENTS
A LITTLE BIT MORE ACCURATELY. I DIDN'T WANT ANYONE TO THINK THAT MY
KNOWLEDGE OF A BAIL BOND IS AS A RESULT OF BEING A DEFENDANT THAT WAS
FACING DEPORTATION. BUT I ACTUALLY STARTED MY CAREER IN WASHINGTON,
D.C. WORKING IN IMMIGRATION WORK FULL-TIME - NOT QUITE THE SAME
AMOUNT OF TIME EACH DAY THAT WE HAD THIS WEEK - AND I HAD THE GOOD
FORTUNE TO WORK WITH DAVE CROSLAND, WHO WAS THE HEAD OF
IMMIGRATION SERVICES UNDER PRESIDENT CARTER. AND SO WHEN HE JOINED
OUR LAW FIRM HE COULDN'T PRACTICE IN FRONT OF IMMIGRATION COURTS FOR
TWO YEARS UNDER THE ETHICS RULES. AND SO I HAD THE GOOD FORTUNE OF
BECOMING OUR LAW FIRM'S IMMIGRATION EXPERT FOR TWO YEARS - I DIDN'T
SURVIVE THE TWO YEARS - BUT DURING THAT TIME PERIOD WORKING FOR MR.
CROSLAND. BUT I'M VERY SYMPATHETIC TO THE CHALLENGES OF ADDRESSING
THE IMMIGRATION ISSUES AND -- AND I HOPE THAT WE CAN ADDRESS THIS
PROBLEM IN A WAY THAT RESULTS IN MORE BONDS BEING AVAILABLE FOR THOSE
WHO ARE FACING DEPORTATION.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. EPSTEIN TO
EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
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NYS ASSEMBLY JUNE 3, 2022
EXPLAIN MY VOTE. I MEAN, EVERY YEAR IN NEW YORK STATE THERE ARE
THOUSANDS OF IMMIGRANTS WHO COME HERE. MANY END UP IN DETENTION
CENTERS AND THEY CAN SPEND MONTHS OR YEARS BEHIND BARS. ONE WAY TO
GET THAT IS TO GET AN IMMIGRATION BOND, AND THEY END UP GOING TO BAIL
BONDS PEOPLE WHO, EVEN THOUGH IT WAS A $10,000 BOND, MAY SPEND
$40- OR $50,000 IN FEES TO PAY BACK TO THE IMMIGRATION BOND COMPANY.
THIS IS THE WAY THE -- THROUGH THE DEPARTMENT OF FINANCIAL SERVICES
THAT WE REGULATE AN UNREGULATED INDUSTRY. WE PROTECT VULNERABLE NEW
YORKERS WHO IN THE MOMENT REALLY SAY, WELL, IT'S A $10,000 BOND. I
WANT TO GET MY FAMILY MEMBER OUT WITH HIS (INAUDIBLE) MONEY,
THINKING THAT IT'S JUST $10,000 WHEN IT ENDS UP BEING WAY MORE. IN
ADDITION, WE'VE HEARD FROM COMPANIES, THE LARGE COMPANIES WHO
PRACTICE THIS. THEY WANT THESE REGULATIONS. WE BELIEVE REGULATIONS
WILL BRING MORE PEOPLE INTO THIS INDUSTRY. AND WE ALSO HAVE
NON-PROFIT PARTNERS WHO ARE CURRENTLY IN THIS SPACE WHO WOULD TAKE UP
THE SLACK ONCE THIS LEGISLATION IS PASSED.
SO THIS IS A GOOD BILL. IT'S GOOD FOR NEW YORKERS, IT'S
GOOD FOR OUR IMMIGRANTS WHO GET LOCKED UP IN DETENTION, AND IT'S GOOD
POLICY. I ENCOURAGE ALL MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.
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.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY JUNE 3, 2022
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
ASK COLLEAGUES TO CALL THEIR ATTENTION TO CALENDAR NO. 643 BY MS.
WEINSTEIN; CALENDAR NO. 573, MR. GOTTFRIED; RULES REPORT NO. 203,
MS. CLARK; RULES REPORT NO. 487, MR. THIELE; AND CALENDAR NO. 209,
MS. CLARK.
THANK YOU, SIR. IN THAT ORDER.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
PAGE 53, RULES REPORT NO. 643, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09975, CALENDAR NO.
643, WEINSTEIN. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION TO
THE LIABILITY OF A PERSON WHO PRESENTS FALSE CLAIMS FOR MONEY OR
PROPERTY TO THE STATE OR A LOCAL GOVERNMENT.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
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 8815. 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. RA.
ONE MINUTE. I THINK WE NEED TO KNOW WHAT POSITION
THE PARTY IS GOING TO TAKE AND THEN MR. RA CAN GO.
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NYS ASSEMBLY JUNE 3, 2022
MR. GOODELL: I WAS LOOKING FORWARD TO HEARING
MR. RA SO I CAN TELL YOU THAT THE REPUBLICAN CONFERENCE IS GENERALLY
OPPOSED TO THIS LEGISLATION.
ACTING SPEAKER AUBRY: I SHARE YOUR
EXCITEMENT, AND WE WILL HEAR HIM.
MR. -- MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS A PARTY VOTE. THE DEMOCRATIC PARTY IS GENERALLY
GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION. HOWEVER, COLLEAGUES
WHO WOULD LIKE TO BE AN EXCEPTION SHOULD FEEL FREE TO CONTACT THE
MAJORITY LEADER'S OFFICE, WE'LL MAKE SURE THEIR VOTE IS PROPERLY
RECORDED.
THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: WELL, LET'S -- LET'S --
IT'S A CORRECTABLE ERROR. MR. RA, ARE YOU SPEAKING ON THE BILL OR
EXPLAINING YOUR VOTE?
MR. RA: (INAUDIBLE)
ACTING SPEAKER AUBRY: YOU'RE A WONDERFUL
MAN. MR. RA ON THE BILL.
MR. RA: THANK -- THANK YOU, MR. SPEAKER. YOU'RE A
WONDERFUL MAN AS WELL. TO QUICKLY EXPLAIN MY VOTE, THIS BILL WAS
SUBJECT OF A PREVIOUS VETO. IT AMENDS THE FAIR CLAIMS ACT, BUT IT IS
VERY BROAD FOR A COUPLE OF REASONS THAT I JUST WANT TO STATE. NUMBER
ONE, IT USES THE TERM "OBLIGATIONS" IN ADDITION TO STATEMENTS WHICH IS
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NYS ASSEMBLY JUNE 3, 2022
NOT COMPLETELY DEFINED. CURRENTLY YOU COULD BE SUED FOR BASICALLY,
YOU KNOW, FILING A FALSE RETURN. THIS MIGHT INCLUDE SOMEBODY WHO
DIDN'T FILE A RETURN AND THAT'S A PIECE OF CONCERN. SECOND, THESE NEW
AMENDMENTS WOULD AUTHORIZE FAIR CLAIM ACT CLAIMS NOT ONLY AGAINST
TAXPAYERS WHO KNOWINGLY AVOID, DECREASE OR CONCEAL THEIR TAX
OBLIGATION, BUT ALSO AGAINST THIRD-PARTIES SUCH AS TAX ADVISORS OR
PREPARERS WHO ROUTINELY RELY ON THE GOOD FAITH INTERPRETATIONS OF THE
TAX LAW WHEN RENDERING ADVICE TO THEIR CLIENTS. THIRD, THERE'S A
CONCERN THAT IT MIGHT APPLY RETROACTIVELY BECAUSE IT DOES EFFECT -- TAKE
EFFECT IMMEDIATELY AND THE STATUTE OF LIMITATIONS ON THESE TYPES OF
CLAIMS IS TEN YEARS. FOURTH, IT REQUIRES CURRENTLY TO KNOWING FAILURE TO
FILE A TAX RETURN AND IT'S NOT CONSISTENT WITH THE TAX LAW PROVISIONS
WHICH REQUIRE WILLFUL FAILURE TO FILE. AND FIFTH, THE PROTECTIVE LANGUAGE
IN THE (INAUDIBLE) DOES NOT OFFER PROTECTION AGAINST UNWARRANTED
INVESTIGATIONS AND LAWSUITS. SO IT IS VERY BROAD, AND THERE'S A CONCERN
THAT IT MAY APPLY, YOU KNOW, MUCH MORE CONTEXT OF PLAYING JUST FOR
THAT REASON. AND BECAUSE THE LANGUAGE DOES NOT ADDRESS THE PREVIOUS
VETO I'M VOTING IN THE NEGATIVE.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MR. RA.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 50, RULES REPORT NO. 573, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09604, RULES REPORT
391
NYS ASSEMBLY JUNE 3, 2022
NO. 573, GOTTFRIED, SAYEGH, GONZÁLEZ-ROJAS, REYES, HEVESI, L.
ROSENTHAL, QUART. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION
TO ENABLING CERTAIN PERSONS TO CONSENT FOR CERTAIN MEDICAL, DENTAL,
HEALTH AND HOSPITAL SERVICES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, 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 AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO, THIS BILL AUTHORIZES HOMELESS AND
RUNAWAY YOUTH TO CONSENT TO MEDICAL, DENTAL, HEALTH AND HOSPITAL
SERVICES. CURRENTLY UNDER SECTION 2504 OF THE PUBLIC HEALTH LAW --
OKAY, UNDER 2504 OF THE PUBLIC HEALTH LAW STATES THAT EFFECTIVE
CONSENT FOR MEDICAL, DENTAL, HEALTH AND HOSPITAL SERVICES MAY BE GIVEN
BY ANY PERSON WHO IS 18 YEARS OF AGE OR OLDER OR IS THE PARENT OF A
CHILD OR HAS MARRIED. WE WOULD THINK OF IT IN THE -- WE'VE HEARD THE
TERM BEFORE OF, LIKE, EMANCIPATED MINOR. IT WOULD BE SOMETHING AKIN
TO THAT, ALTHOUGH NEW YORK DOESN'T, YOU KNOW, NECESSARILY DEFINE IT
THAT WAY. SO, I'M GOING TO JUST BREAK IT DOWN A LITTLE BIT MORE SO YOU
CAN UNDERSTAND WHAT THIS -- WHAT THIS BILL IS REALLY DOING, HOW OLD --
HOW YOUNG A CHILD BE TO COME UNDER THIS BILL. WELL, YOU HAVE TO TAKE A
LOOK AT THE DEFINITIONS FOR BOTH HOMELESS AND RUNAWAY YOUTH TO FIGURE
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NYS ASSEMBLY JUNE 3, 2022
THAT OUT. UNDER THE EXECUTIVE LAW, RUNAWAY YOUTH IS DEFINED AS A
PERSON UNDER THE AGE OF 18 WHO IS ABSENT FROM HIS OR HER LEGAL
RESIDENCE WITHOUT THE CONSENT OF HIS OR HER PARENT, LEGAL GUARDIAN OR
CUSTODIAN. BUT THIS STATUTORY DEFINITION DOES NOT DEFINE HOW LONG A
RUNAWAY YOUTH MUST BE ABSENT IN ORDER TO BE DEEMED A RUNAWAY YOUTH.
HOMELESS YOUTH IS DEFINED AS A PERSON UNDER THE AGE OF 18 WHO IS IN
NEED OF SERVICE AND IS WITHOUT PLACE OR SHELTER WHERE SUPERVISION AND
CARE ARE AVAILABLE. OR PERSON WHO IS UNDER THE AGE OF 21 BUT IS AT LEAST
AGE 18 AND WHO'S IN NEED OF SERVICES AND WITHOUT A PLACE OF SHELTER.
SO THIS BILL DOES NOT EXEMPT OR CARVE OUT ANY MEDICAL, DENTAL, HEALTH OR
HOSPITAL SERVICES THAT THE YOUTH COULD CONSENT TO. SO I'M GOING TO USE
THE EXAMPLE OF AN ABORTION. SO UNDER -- UNDER CURRENT LAW IN NEW
YORK, IF YOU'RE A MINOR UNDER THE AGE OF 18 YOU DO NOT NEED THE
PERMISSION OF YOUR PARENT OR GUARDIAN TO GET AN ABORTION AS LONG AS
YOU'RE ABLE TO GIVE INFORMED CONSENT. SO WHAT THIS BILL DOES IS IT ADDS
AND AUTHORIZES HOMELESS AND RUNAWAY YOUTH TO THE LIST OF THOSE YOUNG
PEOPLE WHO CAN GIVE INFORMED CONSENT TO MEDICAL, DENTAL, HEALTH AND
HOSPITAL SERVICES INCLUDING ABORTION. SO THIS BILL, THEREFORE, WOULD
GIVE CHILDREN WHO ARE OLD ENOUGH TO BECOME PREGNANT THE ABILITY TO
GIVE EFFECTIVE CONSENT TO AN ABORTION IF THEY ARE A RUNAWAY YOUTH
WITHIN THE MEANING -- OR HOMELESS YOUTH WITHIN THE MEANING OF THE
EXECUTIVE LAW.
SO THE REASON I CAN'T SUPPORT THIS BILL IS THAT IT IS AN
EXPANSION OF ABORTION SERVICES TO YOUNG PEOPLE WHO COULD, UNDER THE
WORDING OF THIS BILL, RUN AWAY AND IT DOESN'T DEFINE IN THERE HOW LONG
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NYS ASSEMBLY JUNE 3, 2022
YOU HAVE TO RUN AWAY FOR, YOU JUST HAVE TO RUN AWAY, AND IF YOU DO
THAT, EVEN IF YOU'RE THE AGE OF 14 OR 15 OR 16, IF YOU'RE OLD ENOUGH TO
GET PREGNANT, YOU CAN CONSENT -- YOU COULD GIVE EFFECTIVE CONSENT
UNDER THIS BILL TO AN ABORTION. AND SO I CAN'T -- I CAN'T SUPPORT AN
EXPANSION OF ABORTION SERVICES IN THAT WAY. NOW, THIS BILL, I'LL -- I'LL
NOTE DOESN'T EVEN MENTION THE WORD "ABORTION", BUT IT IS A HEALTH
SERVICE. IT IS A MEDICAL SERVICE. IT MIGHT REQUIRE A HOSPITAL SERVICE.
I'M FINE WITH THE CONCEPT OF THIS BILL ALLOWING A HOMELESS OR RUNAWAY
YOUTH TO GET A DENTAL CLEANING, TO GET AN EYE EXAM, TO TAKE CARE OF
ROUTINE MEDICAL THINGS. BUT HEART SURGERY, CANCER TREATMENT, ABORTION,
THESE ARE THINGS THAT ARE VERY SERIOUS THINGS. AND, YOU KNOW, IN THIS
CHAMBER OVER THE LAST FEW WEEKS PARTICULARLY, WE'VE TALKED A LOT ABOUT
WHAT YOUTH CAN AND CANNOT DO, WHAT THEIR BRAIN CAPACITY IS AND ISN'T.
WHAT THEY'RE ABLE TO -- TO UNDERSTAND AND NOT UNDERSTAND AS WE'VE
TAKEN UP SO MANY DIFFERENT BILLS. SO I WOULD SAY THAT THIS BILL, BY
ALLOWING THIS KIND OF EXPANSION OF ABORTION SERVICES AND, FRANKLY,
OTHER VERY SERIOUS MEDICAL DECISIONS TO PEOPLE THAT ARE SO YOUNG TO OUR
YOUTH SIMPLY BECAUSE THEY CHOOSE TO RUN AWAY IN ORDER TO GET THOSE
SERVICES AND BE ABLE TO HAVE THAT -- THE ABORTION OR THAT MEDICAL SERVICE
IS -- IS JUST SOMETHING THAT THIS BODY SHOULD NOT BE TAKING UP, AND
PARTICULARLY AT 1:45 IN THE MORNING IN -- IN THE COVER OF DARKNESS.
SO I -- I'M NOT GOING TO BE SUPPORTING THIS BILL AND I
WOULD ENCOURAGE MY COLLEAGUES TO THINK ABOUT WHAT THIS BILL REALLY
DOES AND TO JOIN ME IN SAYING NO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. GOTTFRIED.
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NYS ASSEMBLY JUNE 3, 2022
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. YOU
KNOW, I WOULD BE ACTUALLY PROUD TO BE THE SPONSOR OF A BILL TO GIVE
MINORS CONSENT TO AN ABORTION. THE PROBLEM WITH THAT PROPOSITION IS,
AS MS. WALSH SAID, MINORS IN NEW YORK STATE HAVE HAD THE -- THE LEGAL
AUTHORITY TO CONSENT TO THEIR ABORTIONS FOR ALMOST AS LONG AS I HAVE
BEEN IN THE ASSEMBLY. IT GOES BACK TO THE EARLY '70S. SO THIS BILL,
WHILE I'D BE DELIGHTED IF IT WAS GRANTING MINORS THE AUTHORITY TO
CONSENT TO ABORTION, IT REALLY DOES NOT DO THAT BECAUSE THAT'S BEEN THE
LAW IN THIS STATE FOR ALMOST HALF A CENTURY. BUT I -- I DO WANT TO
COMMENT A LITTLE ON THE WORD "CONSENT", BECAUSE PACKED INTO THOSE
SEVEN LITTLE LETTERS IS -- IS A LOT OF MEANING THAT I THINK NEEDS TO BE PUT
INTO THE LEGISLATIVE RECORD. JUST AS AN ADULT UNDER THE SECTION WE'RE
AMENDING HAS THE RIGHT TO CONSENT TO HEALTHCARE, THAT'S NOT A SIMPLE
WORD IN THAT CONTEXT BECAUSE THAT -- THAT ADULT NEEDS TO HAVE THE MENTAL
CAPACITY TO UNDERSTAND THE NATURE OF THE CARE AND THE ALTERNATIVES AND
-- AND TO -- TO UNDERSTAND AND GIVE INFORMED CONSENT. AND JUST AS THE
WORD "CONSENT" MEANS ALL THAT IN THIS SECTION WHEN IT REFERS TO AN ADULT
OR AN EMANCIPATED MINOR, IT ALSO HAS THE SAME MEANING WHEN IT --
WHEN IT WILL REFER, IF THE GOVERNOR SIGNS THIS BILL, TO HOMELESS YOUTH,
RUNAWAY YOUTH, ET CETERA. IN OTHER WORDS, A HOMELESS YOUTH WHO HAS --
WHO WILL BE UNDER THIS BILL HAVE THE RIGHT TO CONSENT, THAT HOMELESS
YOUTH WOULD STILL UNDER THE WORD CONSENT HAVE TO HAVE THE MENTAL
CAPACITY TO UNDERSTAND THE NATURE OF THE SERVICE, THE ALTERNATIVES AND
THE MENTAL CAPACITY TO GIVE INFORMED CONSENT. SO IT -- IT'S JUST
IMPORTANT THAT WE ALL UNDERSTAND WHAT'S PACKED INTO THE WORD
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NYS ASSEMBLY JUNE 3, 2022
"CONSENT." AND IF ANYONE'S EVER INTERESTED IN THE -- IN THE LEGISLATIVE
INTENT HERE THAT THAT BE UNDERSTOOD AS IT IS ALREADY IN THE SECTION THAT
WE'RE AMENDING. IT IS A WORD THAT HAS MORE MEANING THAN ITS SIMPLE
SEVEN LETTERS. SO, AGAIN, THE WORD "CONSENT" IS NOT A SIMPLE TERM. IT --
IT HAS PACKED INTO IT A REQUIREMENT OF THE MENTAL CAPACITY TO
UNDERSTAND THE CARE AND GIVE INFORMED CONSENT. AND NUMBER TWO, THIS
BILL DOES NOT GRANT ANYONE THE AUTHORITY TO CONSENT TO AN ABORTION.
THAT'S BEEN THE LAW IN NEW YORK FOR ALMOST 50 YEARS. AS I SAID, I'D BE
PROUD IF I WERE THE PERSON WHOSE BILL WAS GIVING THAT CONSENT, BUT
THAT'S BEEN THE LAW FOR A LONG, LONG TIME IN NEW YORK.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WILL THE SPONSOR YIELD FOR A QUESTION, PLEASE?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: YES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. I JUST
WANT TO BE CLEAR ON THE INTENT OF YOUR LEGISLATION. IT DOES OR IT DOES NOT
MENTION THE WORDS YOUNG PEOPLE WILL HAVE ACCESS TO GO AND CONSENT TO
AN ABORTION?
MR. GOTTFRIED: YOUNG PEOPLE WILL HAVE THE
CAPACITY -- THE AUTHORITY TO CONSENT TO AN ABORTION WHETHER THIS BILL
BECOMES LAW OR NOT. THIS BILL -- IF YOUNG PEOPLE DID NOT ALREADY HAVE
AUTHORITY TO CONSENT TO AN ABORTION THIS BILL WOULD GIVE IT TO THEM. BUT
THEY ALREADY HAVE THAT AUTHORITY.
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NYS ASSEMBLY JUNE 3, 2022
MRS. PEOPLES-STOKES: OKAY. I GET IT. SO -- SO
IN OTHER WORDS, THE FACT THAT IT'S BEING ALLUDED THAT THIS IS ALL ABOUT
GIVING -- INCENTIVIZING YOUNG PEOPLE FOR ABORTIONS IT'S NOT NECESSARILY
CORRECT. THEY ALREADY HAVE THAT AUTHORITY SHOULD THEY NEED IT.
MR. GOTTFRIED: ABSOLUTELY.
MRS. PEOPLES-STOKES: OKAY. THANK YOU, SIR.
AND I JUST WANTED TO MENTION ON ANOTHER NOTE, I HAD THE OPPORTUNITY TO
WORK IN A YOUTH DETENTION CENTER BEFORE, AND MOST OF THE YOUTH THAT
WERE IN THERE WERE IN THERE BECAUSE THEY WERE RUNAWAYS. AND WHAT
THEY WERE RUNNING AWAY FROM, OR WHAT THEY THOUGHT THEY WERE RUNNING
TO, IS SAFETY BECAUSE WHERE THEY LIVED, WHO THEY WERE BEING RAISED BY
OR WHO THEIR PARENTS WERE ALLOWING FOLKS TO BE AROUND THEM WAS NOT
SAFE FOR THEM. IT WAS NOT GOOD FOR THEM. AND SO SOMETIMES THEY HAVE
TO RUN TO BE SAFE. AND IF THEY DO THAT, WHILE THEY'RE OUT THERE THEY
SHOULD HAVE ACCESS TO SERVICES THAT WILL KEEP THEM HEALTHY BECAUSE AT
SOME POINT THEY'RE GOING TO BE AN ADULT. AND WHAT WE WOULD LIKE FOR
THEM TO BE IS A RESPONSIBLE CONTRIBUTING ADULT RATHER THAN ONE THAT IS
SICK, NOT HEALTHY AT ALL AND MAKING VERY POOR DECISIONS BECAUSE THEY
DON'T HAVE THE ABILITY TO TAKE CARE OF THEMSELVES FROM A HEALTH
PERSPECTIVE.
SO I ACTUALLY WOULD LIKE TO CONGRATULATE THE SPONSOR
OF THIS LEGISLATION. SUPPORTIVE SERVICES ARE IMPORTANT NO MATTER WHAT
STAGE OF YOUR LIFE AND WHETHER OR NOT YOU'RE WITH A RESPONSIBLE ADULT OR
NOT. IF YOU HAVE CONTROL OF YOUR LIFE BECAUSE YOU'VE BEEN PUSHED OUT
BECAUSE OF ABUSE, YOU NEED TO HAVE THE ABILITY TO MAKE SURE THAT YOU
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NYS ASSEMBLY JUNE 3, 2022
STAY IN A HEALTHY CONDITION. SO THANK YOU, SIR, FOR SPONSORING THIS
LEGISLATION. I LOOK FORWARD TO TAKING A VOTE ON IT AS WELL.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
MS. BYRNES.
GENTLEMEN? THANK YOU.
MS. BYRNES: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: YES.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS,
MA'AM.
MS. BYRNES: THANK YOU, MR. GOTTFRIED. PARENTS
ARE LEGALLY OBLIGATED TO PROVIDE HEALTH INSURANCE FOR THEIR CHILDREN, AND
WE ARE TALKING ABOUT UNDERAGE CHILDREN. IS THERE ANY REQUIREMENT IN
THIS BILL TO SEE IF PARENTS ARE AVAILABLE, IF PARENTS ALREADY HAVE HEALTH
INSURANCE FOR THE CHILDREN SO THAT THEY'RE ALREADY COVERED UNDER
ANOTHER POLICY, EVEN IF IT'S CHILD HEALTH PLUS, OR OTHERWISE COVERED IN
SOME FORM RATHER THAN THE STATE ASSUMING RESPONSIBILITY OF ALL THE
HEALTH CARE COSTS?
MR. GOTTFRIED: THIS BILL DOES NOT DEAL WITH THE
TOPIC OF INSURANCE. LEGALLY IF AN INSURANCE COMPANY HAS A POLICY THAT
WOULD PAY FOR THE -- FOR HEALTH CARE SERVICES FOR THE -- THE MINOR
INVOLVED HERE, THAT -- THAT CONTRACT WOULD STILL BE ENFORCEABLE. SO IF
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NYS ASSEMBLY JUNE 3, 2022
THE -- IF THE CHILD, IF THE RUNAWAY OR THE HOMELESS YOUTH HAS HEALTH
INSURANCE, THAT INSURANCE WOULD BE OBLIGATED TO PAY FOR CARE THAT THE
MINOR CONSENTS TO.
MS. BYRNES: SO IF THE PARENT'S HEALTH INSURANCE IS
GOING TO BE REQUIRED TO PAY FOR SERVICES, WHY IS THERE NO OBLIGATION TO
REACH OUT TO THE PARENTS SO YOU CAN EVEN GET AN INSURANCE CARD,
INSURANCE INFORMATION TO KNOW IF INSURANCE DOES OR DOESN'T EXIST. I
MEAN, I GUESS I'M CONFUSED, SIR, AS TO WHY -- I UNDERSTAND THAT THESE
CHILDREN ARE RUNAWAYS IN SOME WAY, SHAPE OR FORM, BUT THEY MAY VERY
WELL HAVE PARENTS THAT ARE THERE WHO CARE, WHO WANT TO BE PART OF THEIR
LIVES; WE DON'T KNOW WHAT DID OR DIDN'T LEAD THEM TO EXIT THE HOME. SO
IS THERE ANY EFFORT TO REACH OUT TO THE PARENTS BEFORE MEDICAL AND OTHER
CARE IS GIVEN TO THEIR CHILDREN THAT THEY'RE THE ONES LEGALLY OBLIGATED TO
CARE FOR?
MR. GOTTFRIED: WELL, THE BILL DOES NOT CREATE ANY
OBLIGATION TO REACH OUT TO PARENTS. PART OF THE REASON THERE'S A NEED FOR
THE BILL IS THAT IN MANY OF THESE CASES OF HOMELESS OR RUNAWAY YOUTH,
REACHING OUT TO THE PARENTS WOULD BE -- WOULD BE HIGHLY EITHER USELESS
OR -- OR -- OR HARMFUL. INTERESTINGLY IN THE EARLY STAGES IN THE LIFE OF THIS
BILL, EARLY DRAFTS OF THIS BILL WENT ON FOR PAGES AND PAGES AND PAGES
DEALING WITH A LOT OF RELATED PIECES LIKE INSURANCE COVERAGE. WE
DECIDED, "WE" BEING ME AND -- AND ADVOCATES I WAS WORKING WITH,
DECIDED TO LEAVE THOSE PIECES FOR ANOTHER TIME SO THAT WE COULD
CONCENTRATE ON THE CORE PIECE OF -- OF THE MINOR'S ABILITY TO CONSENT.
BUT, YOU KNOW, THE BOTTOM LINE HERE IS THAT IF THE CHILD HAS HEALTH
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NYS ASSEMBLY JUNE 3, 2022
COVERAGE WITH OR WITHOUT THIS BILL THAT HEALTH COVERAGE WOULD BE
OBLIGATED TO PAY UNDER THE TERMS OF A POLICY --
MS. BYRNES: IT'S MY UNDER --
MR. GOTTFRIED: -- FOR THE CARE.
MS. BYRNES: EXCUSE ME, SIR. MY APOLOGIES. IT'S
MY UNDERSTANDING THOUGH THAT IF A CHILD NEEDED, PUTTING ASIDE FOR A
SECOND RUNAWAY STATUS, IF THE CHILD'S LIVING AT HOME AND SOMETHING
HAPPENS, THEY -- THEY TWIST THEIR ANKLE PLAYING SOCCER, THEY NEED TO GO
TO THE EMERGENCY ROOM, USUALLY THE PARENT ACCOMPANIES THEM AND
MEDICAL PROCEDURES AREN'T DONE WITHOUT THE PARENTAL INFORMATION,
PARENTAL CONSENT. AND SO I'M JUST TRYING TO FIGURE OUT WHY THERE'S NOT
EVEN AN EFFORT TO REACH OUT TO THE PARENTS SO THAT THEY CAN MAKE THOSE
DECISIONS AS TO WHETHER OR NOT THEY -- THEY DO OR DON'T WANT TO CONSENT
DEPENDING ON WHAT IT IS. YOU KNOW, WE DON'T -- WE DON'T KNOW, WE'RE
SPECULATING AND THINKING PARENTS DID SOMETHING BAD AND THAT'S WHY
KIDS RUN AWAY, AND THAT'S NOT NECESSARILY THE CASE AND IT JUST SEEMS, SIR
-- EXCUSE ME, LET ME JUST GO ON THE BILL. THANK YOU, SIR.
MR. GOTTFRIED: YEAH.
MS. BYRNES: I APPRECIATE YOUR COURTESIES.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. BYRNES: WITH THE DEEPEST OF RESPECT, IT JUST
SEEMS THAT PARENTS SHOULD BE INVOLVED IN THEIR CHILDREN'S LIVES AND THAT
THEY SHOULD, WHEN IT'S POSSIBLE, TO LOCATE THEM AND TO INCORPORATE THEM
INTO DECISION-MAKING. PARENTS SHOULD BE A CENTRAL FIGURE IN
DETERMINING THE CARE FOR ANY CHILD. AND IT JUST WORRIES ME THAT THIS BILL
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NYS ASSEMBLY JUNE 3, 2022
TOTALLY EXCLUDES PARENTS, WILL MAKE PARENTS PAY FOR ANY PROCEDURES,
DENTAL, WHATEVER. WHATEVER IT IS, THE PARENTS OR THEIR INSURANCE WOULD
BE OBLIGATED TO PAY FOR IT AND IN ANY OTHER TIME, THE PARENTS WOULD
HAVE TO CONSENT, WOULD HAVE TO KNOW WHAT'S GOING ON, BUT THAT --
THROUGH THIS BILL, IF A -- A KID JUST HAD A TEMPER TANTRUM AND RAN OUT THE
DOOR BECAUSE THE PARENT TOOK AWAY THEIR IPHONE, THEY COULD ALL OF A
SUDDEN, YOU KNOW, GET ALL SORTS OF SERVICES THAT THE -- MAYBE THEY DON'T
EVEN NEED AND THE -- THE PARENT WOULD PREFER THEM NOT TO HAVE.
SO FOR THAT REASON, I THINK THAT THE REMOVAL OF PARENTS
AS AN INSTRUMENTAL PART OF THEIR CHILDREN'S LIVES IS A REASON I CAN'T
SUPPORT THIS BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. BYRNE.
MR. BYRNE: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
MR. GOTTFRIED: YES.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS,
SIR.
MR. BYRNE: THANK YOU, MR. GOTTFRIED. I DON'T
WANT TO BE REDUNDANT, BUT JUST TO CIRCLE BACK TO -- TO A POINT THAT WAS
RAISED EARLIER BY OUR ASSISTANT MINORITY LEADER PRO -- PRO TEM. THE
RUNAWAY YOUTH TYPICALLY UNDERSTOOD AS DEFINED AS UNDER THE AGE OF 18
YEARS OLD WHO IS ABSENT FROM HIS OR HER LEGAL RESIDENCE WITHOUT HIS
PARENT, HER PARENT, OR LEGAL GUARDIAN. IS THERE A MINIMUM AGE TO YOUR
KNOWLEDGE IN EXISTING LAW? SO HOW -- HOW YOUNG CAN A CHILD BE TO BE
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NYS ASSEMBLY JUNE 3, 2022
CONSIDERED A RUNAWAY?
MR. GOTTFRIED: WELL, THE ANSWER IS THERE IS NO
NUMERICAL LIMIT ON HOW YOUNG A CHILD CAN BE AND STILL BE CONSIDERED
RUNAWAY OR -- OR -- OR HOMELESS YOUTH. BUT AS I SAID EARLIER, NO MATTER
HOW -- NO MATTER THE AGE OF THE CHILD BETWEEN ZERO AND 18, UNDER THIS
BILL THE WORD "CONSENT" STILL CARRIES WITH IT THE REQUIREMENT THAT THE
CHILD HAVE THE MENTAL CAPACITY TO UNDERSTAND THE NATURE OF THE CARE AND
THE ALTERNATIVES, AND -- AND TO GIVE INFORMED CONSENT, JUST LIKE AN ADULT
WOULD HAVE TO MEET THOSE TESTS. SO CHANCES ARE IF A SEVEN-YEAR-OLD
RUNS AWAY FROM HOME, THAT SEVEN-YEAR-OLD IS NOT GOING TO BE
CONSENTING TO THEIR HEALTH CARE BECAUSE CHANCES ARE THAT SEVEN-YEAR-OLD
DOES NOT HAVE THE REQUISITE MENTAL CAPACITY TO CONSENT, JUST LIKE SOME
ADULTS DON'T HAVE THE MENTAL CAPACITY TO CONSENT. AND IN THOSE CASES,
SOMEBODY ELSE, WHETHER A FAMILY MEMBER OR A -- OR A COURT ORDERED
GUARDIAN HAS TO DO THE CONSENTING.
MR. BYRNE: THANK YOU, MR. CHAIRMAN. NOW, WE
DID DISCUSS A LITTLE BIT I THINK IN THE HEALTH COMMITTEE AND YOU JUST
ALLUDED TO IT THAT IT COULD BE SOMEBODY ELSE IF THEY LACK THAT MENTAL
CAPACITY. SO THERE'S TYPICALLY A LIST OF PEOPLE THAT COULD THEN HELP
PROVIDE THAT CONSENT. YOU DID SAY OTHER FAMILY MEMBER. SO IS IT YOUR
-- YOUR UNDERSTANDING THAT IF WE HAVE A RUNAWAY CHILD THAT IS -- IS, FOR
THIS EXAMPLE, SEVEN YEARS OLD, LACKS THE MENTAL CAPACITY BECAUSE
THEY'RE NOT MATURE ENOUGH TO OFFER THAT CONSENT, THAT STILL SOMEONE
OTHER THAN THE PARENT WILL BE HELPING PROVIDE THAT CONSENT FOR WHATEVER
ELECTIVE PROCEDURE THEY'RE LOOKING TO GET?
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NYS ASSEMBLY JUNE 3, 2022
MR. GOTTFRIED: WELL, I THINK WHAT WOULD HAVE TO
HAPPEN IN THAT CASE IS THAT SOMEBODY, SOME ADULT WOULD HAVE TO GO TO
COURT ON BEHALF OF THE SEVEN-YEAR-OLD AND GET A COURT-APPOINTED
GUARDIAN WHO WOULD THEN HAVE AUTHORITY TO -- TO MAKE DECISIONS. IN --
IN ACTUAL PRACTICE IF YOU WERE DEALING WITH A CHILD THAT YOUNG, THE
DOCTORS INVOLVED OR OTHERS WOULD ALSO, IN ALMOST ANY -- ANY CASE YOU
COULD IMAGINE, BE TRYING TO REUNITE THAT SEVEN-YEAR-OLD IN SOME WAY
WITH THE PARENT BUT, YOU KNOW, IF THAT WERE NOT PRACTICAL, YOU WOULD --
YOU WOULD BE GOING TO COURT. ALSO, IF IT WAS AN EMERGENCY AS WITH
SOMEONE OF -- OF ANY AGE, THERE ARE SPECIAL RULES GIVING HEALTH CARE
PROVIDERS THE AUTHORITY TO ACT IN AN EMERGENCY OFTEN EVEN WITHOUT
ANYBODY'S CONSENT.
MR. BYRNE: CORRECT. I WAS ACTUALLY GOING TO MAKE
THAT POINT, TOO. SO WHEN SOMEONE LOOKS AT THIS BILL AND THIS LANGUAGE
AND THEY THINK OF A CHILD WHO IS A RUNAWAY WHO NEEDS EMERGENCY CARE,
THEY COULD ALREADY GET THAT RIGHT NOW. THIS ISSUE OF CONSENT IS NOT
REALLY A BARRIER IF IT'S AN EMERGENCY AS YOU JUST STATED; IS THAT CORRECT?
MR. GOTTFRIED: THAT IS CORRECT, BUT MANY, MANY
URGENTLY NEEDED PIECES OF CARE DO NOT ELEVATE TO THE LEVEL OF
EMERGENCY AND -- AND, THEREFORE, YOU NEED LEGISLATION LIKE THIS, JUST
LIKE ADULTS NEED THE CAPACITY, NEED TO HAVE AUTHORITY TO CONSENT AND THE
LAW, OF COURSE, GIVES IT TO THEM BECAUSE ADULTS OFTEN NEED CARE THAT IS
NOT AN EMERGENCY. THE SAME IS TRUE FOR MINORS UNDER THE AGE OF 18.
MR. BYRNE: YES. THANK -- THANK YOU, MR.
CHAIRMAN.
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NYS ASSEMBLY JUNE 3, 2022
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. BYRNE: THANK YOU TO THE SPONSOR FOR
ANSWERING MY QUESTIONS AND TOWARDS THE END OF OUR EXCHANGE, ACTUALLY
MENTIONED ABOUT EMERGENCIES AND EMERGENCY CARE, AND IT'S JUST KIND OF
TIMELY BECAUSE I REMEMBER ABOUT THE PANDEMIC HOW SOME OF THESE
ELECTIVE PROCEDURES THAT AREN'T EMERGENCIES AT FIRST, THEY ACTUALLY CAN
BECOME EMERGENCIES AT -- IN TIME IF THEY'RE LEFT UNTREATED, SO THAT POINT
IS NOT LOST ON ME. BUT SOME OF THE CONCERNS THAT WERE RAISED BY MY
COLLEAGUES IN THE ASSEMBLY MINORITY ARE SOMETHING I'VE RAISED, AS
WELL. THERE'S NO MINIMUM AGE FOR WHAT WE'RE TALKING ABOUT HERE WITH
RUNAWAYS, WE'RE TALKING ABOUT VERY YOUNG CHILDREN. THERE'S ALSO NOT A
REAL -- THERE'S NO MINIMUM TIME FOR WHEN IS IT -- WHEN ARE THEY
CONSIDERED A RUNAWAY, AFTER THEY -- 24 HOURS, 48 HOURS, A WEEK, TWO
WEEKS? AND I SEE, AS SOMEONE LOOKING AT SOME OF THE POLICIES COMING
OUT OF GOVERNMENT, THAT -- AND IT'S A CONCERN THAT'S BEEN RAISED BY SOME
OF MY CONSTITUENTS AND I -- I WOULD IMAGINE BY SOME OF THE PEOPLE
ACROSS THE STATE IN OUR COLLEAGUES' DISTRICTS ABOUT REMOVING PARENTS
FROM SOME OF THESE DECISIONS. AND WE WANT PARENTS TO BE ENGAGED IN
THE UPBRINGING OF THEIR CHILDREN. I WANT PARENTS TO BE ENGAGED IN THE
DECISIONS THAT ARE THE -- THAT INVOLVE THE HEALTH OF THEIR CHILD. AND I
WANT TO MAKE SURE THAT WE DON'T RUSH AWAY A PARENT'S OBLIGATION TO BE
ENGAGED IN SOME OF THESE VERY IMPORTANT DECISIONS. THERE'S A LOT OF
DIFFERENT ELECTIVE PROCEDURES AND HEALTH DECISIONS THAT CAN BE AFFECTED
WITHOUT THE CONSENT OR INVOLVEMENT OF A PARENT, EVEN IF THE PARENT'S
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NYS ASSEMBLY JUNE 3, 2022
INSURANCE IS PAYING FOR THE CHILD'S CARE.
NOW, IF THEY'RE THE BENEFICIARY, THE SPONSOR IS RIGHT,
THEY SHOULD BE GETTING THAT CARE, BUT I THINK THE PARENT, AND THE PARENT
SHOULD ALSO BE INFORMED TO SOME EXTENT. AND IT IS IMPORTANT TO NOTE,
AS THE SPONSOR HAS ACKNOWLEDGED, THAT THE -- THE CHILD CAN GET THAT
EMERGENCY CARE NOW, TOO. SO THAT IS IMPORTANT BECAUSE I DON'T THINK
ANYBODY WOULD WANT TO IMPEDE OR PUT ANOTHER OBSTACLE FROM A CHILD
WHO NEEDS EMERGENCY THAT IS IN THEIR CARE. BUT ON THAT NOTE, MR.
SPEAKER, I WILL BE VOTING NEGATIVE FOR THE CONCERNS THAT I'VE OUTLINED,
AND MY COLLEAGUES HAVE OUTLINED ALREADY, AND I WILL BE RECOMMENDING
A NEGATIVE VOTE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. -- HI, MR. GOODELL.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. GOODELL: I THINK THERE'S BEEN A LITTLE BIT OF
CONFUSION BETWEEN THE ABILITY TO MAKE CONSENT FROM A INTELLECTUAL
CAPACITY, OR INCAPACITY, AND THE ABILITY TO MAKE LEGAL CONSENT. AND SO
IN A VERY SHORT NUTSHELL AND A VERY SIMPLE EXAMPLE, OUR LAW IS VERY
CLEAR THAT A CHILD UNDER THE AGE OF 18 CANNOT CONSENT TO HAVING SEX
WITH AN ADULT WHO IS OVER 21. BUT IT DOESN'T MATTER WHETHER THEY'RE THE
BEST STUDENT IN THE CLASS AND THEY KNOW THE OTHER PERSON AND THEY'RE
MADLY IN LOVE, WE SIMPLY SAY, YOU DON'T HAVE THE LEGAL CAPACITY TO
MAKE THAT DECISION. AND WE DO THAT TO PROTECT THE CHILDREN.
AND IN THE SAME WAY, IN THE EXACT SAME WAY, SECTION
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NYS ASSEMBLY JUNE 3, 2022
2504 OF THE PUBLIC HEALTH LAW IN THIS EXACT SAME WAY SAYS THAT UNLESS
YOU'RE 18 YEARS OR OLDER, OR MEET CERTAIN OTHER CRITERIA, YOU DON'T HAVE
THE LEGAL RIGHT OR CAPACITY TO MAKE A DECISION. NOW, LET'S NOT BE
CONFUSED. YOU COULD BE 40 YEARS OLD AND BE COMPLETELY INCOMPETENT
AND NOT HAVE THE RIGHT TO MAKE A DECISION, AS WELL, BUT THE SECTION OF
THE LAW THAT WE'RE TALKING ABOUT, SECTION 2504, MAKES IT CLEAR THAT NO
MATTER HOW SHARP YOU ARE, IF YOU ARE A CHILD UNDER THE AGE OF 18 YOU
CAN'T CONSENT TO MEDICAL PROCEDURES, WITH A FEW EXCEPTIONS.
SO WHAT'S THIS BILL DO? THIS BILL SAYS YOU CAN'T
CONSENT TO HAVE SEX WITH AN ADULT IF YOU'RE UNDER AGE 18, BUT YOU CAN
CONSENT TO MAJOR SURGERY. YOU CAN CONSENT TO AN ABORTION. YOU CAN
CONSENT TO ANY NUMBER OF OTHER MAJOR HEALTH DECISIONS WITHOUT
INVOLVING YOUR PARENTS IF YOU'RE A RUNAWAY. I HAVE THREE DAUGHTERS. I
CAN ASSURE YOU THEY WOULD CONSULT WITH ME AND I WOULD EXPECT THEM
TO CONSULT WITH ME BEFORE THEY GAVE A KIDNEY AWAY, OR BEFORE THEY HAD
OPEN HEART SURGERY, OR BEFORE THEY WENT IN FOR RADIATION THERAPY OR
CANCER TREATMENT, OR BEFORE THEY HAD AN ABORTION. AND AS THEIR PARENT,
THAT IS MY RIGHT UNDER THE LAW WHEN THEY'RE UNDER 18, AND THAT'S THE
WAY IT SHOULD BE.
SO LET'S NOT JUST SAY THAT AS LONG AS YOU RUN AWAY FROM
YOUR PARENTS, YOU CAN HAVE WHATEVER MEDICAL TREATMENT OR SERVICES
YOU WANT THE DAY AFTER YOU RUN AWAY. THAT'S NOT THE WAY WE WANT THE
LAW IN NEW YORK, THAT'S NOT SAFE FOR OUR KIDS, AND IT'S NOT THE RIGHT
POLICY. AND FOR THAT REASON, I'LL RECOMMEND AGAINST IT TO MY
COLLEAGUES. THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8937. 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 FOR THE REASONS
MENTIONED BY MY COLLEAGUES, BUT CERTAINLY THOSE WHO SUPPORT IT ARE
WELCOME TO VOTE HERE IN FAVOR ON THE FLOOR OF THE ASSEMBLY OR BY
CALLING THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLE-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE DEMOCRATIC CONFERENCE IS GENERALLY GOING TO BE IN FAVOR
OF THIS PIECE OF LEGISLATION; HOWEVER, THERE ARE SOME OF OUR COLLEAGUES
WHO MAY WANT TO BE AN EXCEPTION. THEY SHOULD CALL THE MAJORITY
LEADER'S OFFICE OR USE THE BUTTON ON THEIR DESK IN THE CHAMBERS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY JUNE 3, 2022
MR. GOTTFRIED TO EXPLAIN HIS VOTE.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. I JUST
WANT TO MAKE IS TWO QUICK POINTS: ONE, I WANT TO ACKNOWLEDGE THE
LEADERSHIP OF GOVERNOR HOCHUL ON THIS ISSUE. THIS BILL GOT DRAFTED IN
RESPONSE TO THE FACT THAT THE GOVERNOR'S BUDGET LEGISLATION SUBMITTED IN
JANUARY INCLUDED AUTHORITY FOR HOMELESS AND RUNAWAY YOUTH TO MAKE
HEALTH CARE DECISIONS. IT WAS TAKEN OUT OF THE BUDGET NOT ON THE MERITS,
BUT BECAUSE MANY PEOPLE FELT THAT IT WAS A POLICY ISSUE THAT DIDN'T HAVE
A RELATIONSHIP TO AN APPROPRIATION AND, THEREFORE, SHOULD BE TAKEN OUT
OF THE BUDGET. BUT AT THE TIME, A LOT OF US SAID YES, BUT WE'LL DO THIS BILL
RIGHT AFTER WE GET FINISHED WITH THE BUDGET, AND THAT GAVE RISE TO THIS
BILL.
SECONDLY, YOU KNOW, IN A -- IN AN IDEAL WORLD OR EVEN
IN A GOOD WORLD, PARENTS WOULD BE INVOLVED IN MAKING THE HEALTH CARE
DECISIONS FOR THEIR CHILDREN. UNFORTUNATELY, HOMELESS AND RUNAWAY
YOUTH DO NOT LIVE IN AN IDEAL WORLD OR A GOOD WORLD. THEY LIVE IN A
WORLD IN WHICH GETTING A REQUIREMENT FOR PARENTAL CONSENT FOR THEIR
CARE CAN HAVE EXTRAORDINARILY DETRIMENTAL EFFECTS ON THEIR HEALTH CARE
AND ON THEIR WELFARE. AND IT'S BECAUSE WE LIVE IN A REAL WORLD NOT AN
IDEAL WORLD THAT LEGISLATION LIKE THIS MAKES SENSE AND IS NEEDED. AND
SO I AM DELIGHTED TO SPONSOR THIS BILL AND TO VOTE IN THE AFFIRMATIVE,
AND I'M GLAD IT'S GOING TO PASS BOTH HOUSES AND GO TO THE GOVERNOR.
ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE
AFFIRMATIVE.
MS. GLICK TO EXPLAIN HER VOTE.
408
NYS ASSEMBLY JUNE 3, 2022
MS. GLICK: THANK YOU, MR. SPEAKER, TO BRIEFLY
EXPLAIN MY VOTE. I APPRECIATE WHAT THE SPONSOR HAS DONE HERE, AND I
AGREE THAT MOST YOUNGSTERS WHO RUN AWAY DO SO BECAUSE THE CONDITIONS
THAT THEY ARE LIVING IN BECOME INTOLERABLE OR PERHAPS DANGEROUS TO
THEM. AND THE NOTION THAT THEY WOULD RUN AWAY IN ORDER TO OBTAIN AN
ABORTION, PERHAPS THEY DON'T GET CONSENT FROM A PARENT WHO, IN FACT, IS
THE PERPETRATOR OF THE PREGNANCY. SO THAT -- THAT'S A REALITY.
SO I THINK THAT IT'S IMPORTANT FOR YOUNG PEOPLE WITH
THE CAPACITY TO MAKE A DECISION ABOUT HEALTH CARE, TO GET THAT HEALTH
CARE, AND KIDS WHO LIVE ON THE STREET MAY, IN FACT, HAVE BEEN ABUSED IN
SOME WAY AND MAY NEED TO GET SOME SORT OF HEALTH CARE FOR PERHAPS A
VENEREAL DISEASE THAT IS NOT NECESSARILY SOMETHING THAT THEY CONTRACTED
AS A RESULT OF, YOU KNOW, POSITIVE SEXUAL, BUT RATHER A RAPE OR
SOMETHING. SO I THINK THAT IT'S -- IT MAKES SENSE.
BUT I ALSO RISE TO JUST THANK THE SPONSOR FOR HIS YEARS
OF COMMITMENT TO THE PEOPLE OF THE STATE OF NEW YORK, FOR HIS
INTELLIGENCE AND HIS COMMITMENT TO HEALTH CARE, AND EVERYTHING THAT HE
HAS DONE HERE IN ALBANY AND THE WORK THAT HE HAS DONE BACK HOME IN
-- ON THE WEST SIDE OF MANHATTAN, FOR WHICH WE ARE ETERNALLY GRATEFUL
FOR EVERYTHING THAT HE'S DONE. AND I DON'T KNOW IF THIS IS THE LAST BILL,
BUT I DIDN'T WANT TO TAKE A CHANCE AND I JUST WANT TO THANK THE SPONSOR
FOR ALL HE'S DONE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER, TO
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NYS ASSEMBLY JUNE 3, 2022
EXPLAIN MY VOTE. I -- I JUST WANT TO ECHO THE COMMENTS OF THE LAST TWO
SPEAKERS. YOU KNOW, HAVING HAD EXPERIENCE IN LAW ENFORCEMENT AND
HAVING DEALT WITH RUNAWAYS AND THESE TYPES OF SITUATIONS, THESE
CHILDREN WHO ALREADY ARE RECEIVING SERVICES FROM LICENSED AND
AUTHORIZED PROVIDERS, YOU KNOW, FOR -- FOR RUNAWAY AND HOMELESS
YOUTH AND DIFFERENT PROGRAMS THAT THEY -- THEY'RE TAKEN IN BY TO HELP
THEM, SO IT WOULD BE LOGICAL THAT THESE PLACES ARRANGE FOR THEM TO GET
THE MEDICAL CARE AND DENTAL CARE AND THINGS THAT THEY NEED.
AND AS JUST -- WAS SPOKEN ABOUT BY THE LAST SPEAKER,
MANY OF THEM ARE RUNAWAYS BECAUSE OF PARTICULAR PROBLEMS AT HOME.
EITHER THEY'RE SEXUALLY ABUSED, PHYSICALLY ABUSED, THERE'S ALCOHOL OR
DRUGS GOING ON IN THE HOME, THEY'RE BEATEN. SOME OF THEM COME IN
FROM OUT-OF-STATE POSSIBLY THROUGH THE PORT AUTHORITY BUS TERMINAL. I
MEAN, THERE'S MANY REASONS WHY YOUNG PEOPLE WOULD RUN AWAY, BUT
THEY SHOULDN'T BE DEPRIVED ALL KINDS OF MEDICAL CARE AND SERVICES
BECAUSE OF THAT SITUATION. IT'S LIKE PUNISHING THEM, RE-VICTIMIZING THEM
ONE MORE TIME.
IF YOU LOOK AT THE RECENT PUBLICATIONS IN THE
NEWSPAPERS IN THE LAST MONTH, WE HAVE SO MANY CHILDREN THAT ARE
FOUND IN -- IN SQUALOR LIVING CONDITIONS, BEATEN, ABUSED, STARVED,
MALNOURISHED BY THEIR OWN PARENTS, BY FOSTER PARENTS, BY THE MOTHER'S
NEW BOYFRIEND AND THE MOTHER'S -- THE FATHER'S NEW GIRLFRIEND, AND IT'S
JUST A HORRENDOUS LIFESTYLE. SO FOR US TO TURN AROUND AND COMPOUND IT
AND SAY, WELL, BECAUSE YOU'RE UNDER 18, YOU'RE NOT ENTITLED TO MEDICAL
CARE, JUST SERVES NO LOGICAL POINT, YOU KNOW, IN MY MIND, YOU KNOW,
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NYS ASSEMBLY JUNE 3, 2022
WHATSOEVER. AS WAS STATED, IF THEY CAME FROM A NORMAL HOME, WE
WOULDN'T BE HAVING THIS DISCUSSION.
AND I KNOW WHAT THE PUBLIC HEALTH LAW REQUIRES, AND
THIS PARTICULAR BILL IS AMENDING THE PUBLIC HEALTH LAW TO ADD THE
SPECIFIC PROVISION IN HERE THAT THEY'RE -- THAT THEY'RE ABLE TO GIVE
CONSENT AS LONG AS THEY'RE ABLE TO DO SO AND IF NOT, THESE SERVICE
PROVIDERS THAT ARE TAKING CARE OF THEM WILL GO INTO COURT, TAKE OUT A
GUARDIANSHIP PETITION, GET AN ORDER AND THEN STEP IN THE PLACE OF THE
PARENTS TO GET THEM THE PROPER CARE THAT THEY NEED. SO I'LL BE
SUPPORTING THIS PIECE OF LEGISLATION AND VOTING IN THE AFFIRMATIVE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.
MONTESANO IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUE MR. BARNWELL IN THE NEGATIVE ON THIS PIECE
OF LEGISLATION?
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 5, RULES REPORT NO. 203, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08102-A, RULES
REPORT NO. 203, CLARK, SEAWRIGHT. AN ACT TO AMEND THE CRIMINAL
PROCEDURE LAW AND THE FAMILY COURT ACT, IN RELATION TO REQUIRING THE
COURT TO ORDER THE SEARCH FOR AND IMMEDIATE SEIZURE OF CERTAIN FIREARMS
411
NYS ASSEMBLY JUNE 3, 2022
WHEN A DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARMS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CLARK, 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 6363-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. THE REPUBLICAN
CONFERENCE, THIS SHOULD BE A PARTY VOTE, SIR.
ACTING SPEAKER AUBRY: THE --
MR. GOODELL: IF YOU WOULD --
ACTING SPEAKER AUBRY: I -- I MUST HAVE
MISTAKEN THE F FOR A P. WHICH ONE DID YOU RAISE? YOU PUT F, THAT'S
"FAST."
MR. GOODELL: YES, AND THE OTHER SIDE, WHICH IS
THE ONE I WAS LOOKING AT, WAS THE RIGHT ONE.
ACTING SPEAKER AUBRY: YEAH.
MR. GOODELL: AND I -- I COULDN'T UNDERSTAND --
ACTING SPEAKER AUBRY: I HAVE THICK GLASSES,
BUT THEY DON'T SEE THROUGH PAPER.
MR. GOODELL: AND, SIR, I COULDN'T UNDERSTAND --
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: SO WE WILL RECALL --
MR. GOODELL: -- HERE I AM LOOKING AT IT --
ACTING SPEAKER AUBRY: I UNDERSTAND.
MR. GOODELL: (INAUDIBLE) -- IN THE WRONG WAY.
ACTING SPEAKER AUBRY: AT TWO SOMETHING IN
THE MORNING, MISTAKES ARE MADE. WOULD YOU LIKE US TO WITHDRAW THAT
ROLL CALL AND GO TO A PARTY VOTE?
MR. GOODELL: THAT WOULD BE VERY NICE, SIR.
ACTING SPEAKER AUBRY: CERTAINLY.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6363-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.
AND NOW, MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. I WAS ACTUALLY
MUCH MORE EFFICIENT AT TWO IN THE AFTERNOON THAN AT TWO IN THE EVENING
-- OR IN THE MORNING. THIS IS A PARTY VOTE, THANK YOU FOR MAKING THAT
CLEAR, AND THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS
LEGISLATION FOR REASONS I WILL HOPE TO EXPLAIN IN A MOMENT. THOSE WHO
WANT TO SUPPORT IT, OF COURSE, ARE ENCOURAGED TO VOTE YES ON THE FLOOR
OR YES BY CONTACTING THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
413
NYS ASSEMBLY JUNE 3, 2022
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, THERE MAY BE SOME OF OUR COLLEAGUES WHO
WOULD LIKE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO DO SO. WE'VE
HAD A LOT OF EXPLANATIONS ABOUT THESE TOPICS FOR A LONG TIME OVER THE
YEARS, AS WELL AS OVER THE LAST COUPLE OF DAYS. I'M NOT SO SURE IF THERE
NEEDS TO ANY MORE CONVERSATION, BUT PEOPLE DO HAVE AN OPPORTUNITY TO
VOTE. I WOULD ENCOURAGE THE MAJORITY CONFERENCE TO VOTE YES. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, BOTH.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. UNDER CURRENT LAW,
IF A PERSON IS THE SUBJECT OF A ORDER OF PROTECTION OR EVEN A TEMPORARY
ORDER OF PROTECTION, THE COURT MAY, IN ITS DISCRETION, ORDER THE
IMMEDIATE SEARCH AND SEIZURE OF ANY FIREARM IN THE POSSESSION OF THE
RESPONDENT, PARTICULARLY IF THEY HAVE CERTAIN RISK FACTORS. BUT WHAT THIS
LEGISLATION DOES IS ELIMINATE THE JUDGE'S DISCRETION AND REQUIRES THE
COURT TO ORDER THE IMMEDIATE SEARCH AND SEIZURE FOR A FIREARM EVEN IN
THE CONTEXT OF A TEMPORARY ORDER OF PROTECTION. AND FOR THOSE WHO ARE
FORTUNATE ENOUGH NOT TO KNOW WHAT A TEMPORARY ORDER OF PROTECTION IS
OR HOW IT'S ISSUED, A TEMPORARY ORDER OF PROTECTION IS ISSUED BEFORE
THERE'S ANY DETERMINATION OF ANY GUILT OR INNOCENCE. AND SO IT'S
TYPICALLY ISSUED ON THE COMPLAINT OF ONE PERSON WITHOUT ANY HEARING.
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NYS ASSEMBLY JUNE 3, 2022
AND SO WHAT THIS BILL ESSENTIALLY SAYS IS JUST BASED ON
THE COMPLAINT WITHOUT ANY HEARING, WITHOUT ANY FINDING OF MERIT,
WITHOUT ANY FINDING OF GUILT, THE COURT MUST, WITHOUT CONSIDERING ANY
OTHER FACTORS, MUST ORDER THE IMMEDIATE SEARCH AND SEIZURE. AND OF
COURSE, UNFORTUNATELY, THIS VIOLATES THE SEARCH AND SEIZURE PROVISIONS OF
THE U.S. CONSTITUTION, AMONGST OTHER THINGS, AND DUE PROCESS BECAUSE
IT'S -- WOULD BE REQUIRED BEFORE THERE'S ANY HEARING. AND THAT'S JUST NOT
THE WAY WE WANT TO RESPOND IN AN APPROPRIATE MANNER DEALING WITH
THESE FUNDAMENTAL CONSTITUTIONAL RIGHTS.
SO I BELIEVE, SIR, THAT HAVING SOME LEVEL OF DISCRETION
WITH THE COURT IS THE RIGHT WAY TO BALANCE THESE ISSUES, AND THAT'S WHY I
WILL BE VOTING NO AND RECOMMEND THE SAME TO MY COLLEAGUES. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. CLARK TO EXPLAIN HER VOTE.
MS. CLARK: HELLO. THANK YOU, SPEAKER. I MEAN, I
CAN START WITH A FEW STATS: 70 WOMEN ARE KILLED EVERY MONTH IN
DOMESTIC VIOLENCE CASES BY GUNS, OVER A MILLION WOMEN HAVE BEEN
SHOT AT ONE POINT IN THEIR LIFE IN DOMESTIC VIOLENCE SITUATIONS, AND 4.5
MILLION WOMEN IN OUR COUNTRY HAVE ALREADY BEEN THREATENED BY A GUN.
WE KNOW THE OVERWHELMING DAMAGES AND WE -- THAT ARE DONE BY GUN
VIOLENCE WHEN DOMESTIC VIOLENCE IS TAKING PLACE IN THE HOME.
AN ORDER OF PROTECTION IS ISSUED BY A JUDGE BECAUSE
SOMEONE IS IN DANGER. THIS -- THIS PARTICULAR ORDER, IT'S NOT A, BY LAW,
AS CURRENT LAW AS ALREADY BEEN STATED, WHEN THIS ORDER OF PROTECTION IS
415
NYS ASSEMBLY JUNE 3, 2022
ISSUED, A DEFENDANT IS TO SUPPOSED TO SURRENDER THEIR FIREARMS. THE
ONLY TIME THIS KICKS IN IS IF THEY WILLFULLY REFUSE TO, WHICH ACTUALLY
TRIGGERS OUR NORMAL SEARCH WARRANT LAWS ANYWAY. SO IT DOESN'T GO INTO
THE CONSTITUTIONAL FOURTH AMENDMENT AS STATED BEFORE. WE KNOW THAT
THE TIME THAT AN ORDER OF PROTECTION IS ISSUED IS THE MOST RISKY TIME FOR
SOMEONE. REMOVING GUNS FROM THAT IS NOT ONLY THE LAW, BUT IS WHAT
WE NEED TO DO TO MAKE SURE PEOPLE ARE SAFE. THIS IS -- WE ARE JUST
HOURS PAST GUN VIOLENCE AWARENESS DAY, DOMESTIC VIOLENCE IS THE
NUMBER ONE WAY GUNS ARE USED TO KILL PEOPLE, EVEN IN MASS SHOOTINGS
AS WE HAVE SEEN. IN 60 PERCENT OF MASS SHOOTINGS THE FIRST VICTIM OR
ONE OF THE VICTIMS IS A DOMESTIC VIOLENCE OR INTIMATE PARTNER AND EIGHT
-- ALMOST 80 PERCENT IS A FAMILY MEMBER.
SO WE NEED TO MAKE SURE WE ARE KEEPING PEOPLE SAFE
AND WHEN SITUATIONS LIKE THIS ARISE AND THERE'S AN ORDER OF PROTECTION
ORDERED BY A JUDGE AND WE ALREADY KNOW GUNS HAVE TO BE REMOVED, WE
NEED TO MAKE SURE IT'S HAPPENING. THANK YOU. I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER BRONSON: MS. CLARK IN THE
AFFIRMATIVE.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD THE FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. DURSO, MR.
GANDOLFO, MR. MORINELLO, AND MR. RA.
ACTING SPEAKER BRONSON: SO NOTED.
MR. GOODELL: THANK YOU, SIR.
ACTING SPEAKER BRONSON: ARE THERE ANY
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NYS ASSEMBLY JUNE 3, 2022
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 12, RULES REPORT NO. 487, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09824-A, RULES
REPORT NO. 487, THIELE, LAVINE, ENGLEBRIGHT, STERN, DESTEFANO. AN
ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO THE
STATUTE OF LIMITATIONS FOR PUBLIC WATER SUPPLIERS TO COMMENCE AN
ACTION, CIVIL CLAIM, OR CAUSE OF ACTION FOR INJURY TO PROPERTY.
ACTING SPEAKER BRONSON: ON A MOTION BY
MR. THIELE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
(PAUSE)
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER BRONSON: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL 8763-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER, TO BRIEFLY
EXPLAIN MY VOTE. SO THIS BILL PROVIDES THAT IN ANY ACTION BY A PUBLIC
WATER SUPPLIER INVOLVING AN EMERGENT CONTAMINANT BARRED BECAUSE OF
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NYS ASSEMBLY JUNE 3, 2022
THE EXPIRATION OF THE STATUTE OF LIMITATIONS, IT WOULD BE REVIVED SO THAT
THE ACTION CAN BE COMMENCED WITHIN ONE YEAR AND SIX MONTHS. AND
THEN THE BILL GOES ON TO DEFINE EMERGENT CONTAMINANT AS A PHYSICAL
CHEMICAL MICROBIOLOGICAL OR RADIOLOGICAL SUBSTANCE THAT HAS EVER OR
EVER WILL BE IDENTIFIED OR IS LISTED UNDER THE PUBLIC HEALTH LAW.
SO I PERSONALLY AM GOING TO BE SUPPORTING THIS BILL,
BUT I THINK THAT I WANTED TO POINT OUT THAT THERE WILL BE POSSIBLY SOME
COLLEAGUES WHO WON'T WITH THE IDEA THAT, FIRST OF ALL, IT'S IMPORTANT TO
HAVE A STATUTE OF LIMITATIONS THAT IS DEFINED, IT'S FOR THE BENEFIT OF
EVERYBODY, INCLUDING THE BUSINESSES THAT CHOOSE TO MAKE A LARGE
INVESTMENT TO CREATE A WATER SYSTEM IN A PARTICULAR COMMUNITY, THEY
WANT TO KNOW WHAT THEIR LIABILITY IS GOING TO BE. BUT ALSO, BECAUSE --
THERE'S ALREADY UNDER THE CPLR CERTAIN TOLLING PROVISIONS AND SOME
PEOPLE ARE GOING TO FEEL LIKE MAYBE THAT'S ALREADY ADEQUATE. SO I'LL BE
SUPPORTING THE BILL, BUT OTHERS MAY NOT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER BRONSON: MS. WALSH IS IN
THE AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THE NUMBER ONE
ISSUE IN MY COUNTY, LONG-TERM FOR THE HEALTH OF MY COUNTY IS ECONOMIC
DEVELOPMENT, WHICH IS BRINGING IN AND EXPANDING BUSINESSES. MY
COUNTY HAS ABOUT DOUBLE THE MANUFACTURING PERCENTAGE THAN MOST OF
THE COUNTIES IN THE STATE OF NEW YORK. WE ALSO HAVE ONE OF THE
HIGHEST NUMBER OF FARMS IN THE STATE OF NEW YORK. AND UNFORTUNATELY
ONE OF THE SIDE EFFECTS OF MANUFACTURING IS THAT THEY USE CHEMICALS,
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NYS ASSEMBLY JUNE 3, 2022
WHETHER IT'S PAINTING THE PRODUCTS THAT WE MAKE, OR CLEANING THEM.
AND ONE OF THE SIDE EFFECTS OF FARMING IS THAT THEY ALSO USE CHEMICALS,
WHETHER IT'S PESTICIDES OR HERBICIDES OR JUST SPREADING MANURE ON THE
FIELD.
AND SO WHAT THIS BILL DOES IS IT SAYS THAT EVEN THOUGH
YOU'RE COMPLYING WITH EVERY SINGLE ENVIRONMENTAL STANDARD AT THE TIME
AND YOU MAY EVEN HAD EVERY PERMIT THAT YOU EVER NEEDED, THAT SOME
TIME IN THE FUTURE, THE STATE OF NEW YORK COULD LOOK BACK WITH NO
LIMITATION WHATSOEVER AND INITIATE A LAWSUIT AGAINST YOU FOR
CONTAMINANTS THAT YOU DIDN'T KNOW EXISTED AND WEREN'T REGULATED OR
WERE AND YOU WERE WITHIN COMPLIANCE. THAT'S WHAT AN UNLIMITED
STATUTE OF LIMITATIONS SAYS.
AND SO IF YOU'RE THINKING ABOUT MAKING A MAJOR
INVESTMENT IN THE STATE OF NEW YORK, WOULD YOU COME HERE? WOULD
YOU SPEND THAT MONEY WITH A LEGISLATURE THAT OPENS IT UP? IT'S LIKE THAT
TELEVISION STATION -- OR SHOW, PURGE. IF YOU'RE FAMILIAR WITH IT, I ONLY
SAW IT ONCE, WHERE THE GOVERNMENT SAID, GEE, FOR ONE YEAR YOU CAN DO
WHATEVER YOU WANT -- OR ONE NIGHT, I THINK IT IS. WE CAN'T DO THAT AND
HAVE LONG-TERM ECONOMIC DEVELOPMENT DECISIONS BEING MADE. AND
FOR THAT REASON, I CAN'T SUPPORT IT, BUT I DO RECOGNIZE THAT FOR THOSE WHO
ARE ON LONG ISLAND AND ARE WRESTLING WITH CONTAMINATED WATER
SUPPLIES, THIS IS AN IMPORTANT ISSUE FOR THEM. THANK YOU, SIR.
ACTING SPEAKER BRONSON: MR. GOODELL IN
THE NEGATIVE.
MS. GIGLIO TO EXPLAIN HER VOTE.
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NYS ASSEMBLY JUNE 3, 2022
MS. GIGLIO: THANK YOU, MR. SPEAKER. SO
REPRESENTING A DISTRICT THAT IS SURROUNDED BY OR HAS THE FORMER
GRUMMAN CORPORATION FACILITY WITHIN THE DISTRICT AND HAVING DWELLINGS
AND RESIDENCES AROUND THAT FACILITY THAT HAVE PRIVATE WELLS FOR DRINKING
WATER AND WHERE THESE CONTAMINANTS HAVE GONE INTO THEIR HOMES, IT'S
VERY IMPORTANT THAT YOU BE ABLE TO TAKE ACTION FOR SOMEBODY THAT HAS
CAUSED DETRIMENT TO THE ENVIRONMENT AND TO THE DRINKING WATER, AND
WHERE THE PEOPLE ARE EXPECTING TO BE CONNECTED TO PUBLIC WATER AND
THE MUNICIPALITIES MAY NOT BE ABLE TO BEAR THE COST TO EXTEND PUBLIC
WATER TO THESE RESIDENTS. SO I FULLY SUPPORT THIS BILL AND I THANK THE
SPONSOR FOR BRINGING IT FORWARD. THANK YOU, MR. SPEAKER.
ACTING SPEAKER BRONSON: MS. GIGLIO IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD MY COLLEAGUES MR. KEITH BROWN AND MR. FRIEND IN THE
NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER BRONSON: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 52, CALENDAR NO. 609, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08105-B, CALENDAR
NO. 609, CLARK. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW AND THE
FAMILY COURT ACT, IN RELATION TO ORDERS OF PROTECTION.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER BRONSON: ON A MOTION BY
MS. CLARK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER BRONSON: ON THE BILL.
MR. GOODELL: THANK YOU, SIR. WHAT THIS BILL DOES
IT REQUIRES A COURT TO INQUIRE OF A DEFENDANT AS TO THE EXISTENCE AND
LOCATION OF ANY FIREARM, RIFLE, OR SHOTGUN REASONABLY BELIEVED TO BE
OWNED OR POSSESSED BY THE DEFENDANT IN CONSIDERATION OF A TEMPORARY
ORDER OF PROTECTION. THE AMAZING THING ABOUT THIS IS AS ALL OF US KNOW,
EVERY DEFENDANT HAS A FIFTH AMENDMENT RIGHT AGAINST INCRIMINATION,
YET, THIS REQUIRES A COURT TO QUESTION THE DEFENDANT WHEN HE HAS AN
ABSOLUTE CONSTITUTIONAL RIGHT NOT TO SAY ANYTHING.
SECOND, IT DOESN'T PROVIDE ANY MIRANDA WARNINGS AT
ALL, BECAUSE APPARENTLY WHEN YOU'RE IN THIS CONTEXT YOU DON'T HAVE ANY
MIRANDA RIGHTS UNDER THIS LAW, ANYWAY. AND IT GOES ON TO SAY THAT IF
YOU DO SAY YOU HAVE ANY RIFLE, THEY ARE TO IMMEDIATELY CONFISCATE THEM
BECAUSE APPARENTLY YOU'RE NOT ENTITLED TO ANY DUE PROCESS. AND IF YOU
DON'T COOPERATE, THERE'S A PENALTY FOR YOUR NONDISCLOSURE. SO IN ONE
LAW WE MANAGE TO VIOLATE THE FIFTH AMENDMENT AGAINST
SELF-INCRIMINATION, THE FOURTH AMENDMENT AGAINST SEARCH AND SEIZURES,
THE FIRST AMENDMENT THAT PROTECTS YOUR RIGHT TO FREE SPEECH OR NOT TO
SPEAK. WE THROW OUT THE MIRANDA WARNINGS THAT THE SUPREME COURT
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NYS ASSEMBLY JUNE 3, 2022
UPHELD, AND WE DO IT ALL ON A TEMPORARY ORDER OF PROTECTION THAT
PRECEDES ANY HEARING OR ANY DETERMINATION OF ANY GUILT. NOW, I KNOW
IN THE PROCESS I ALMOST FORGOT TO MENTION THE SECOND AMENDMENT,
WHICH WE TRAMPLE ON. THE GOOD NEWS IS IT LOOKS LIKE THE THIRD
AMENDMENT AND MAYBE THE SEVENTH AND EIGHTH HAVEN'T YET BEEN
VIOLATED IN ONE SIMPLE LAW.
PLEASE, MY FRIENDS, THERE IS THIS FEDERAL CONSTITUTION
OUT THERE AND WE OUGHT TO BE AT LEAST MINDFUL OF THE FACT THAT YOU
SHOULDN'T VIOLATE MULTIPLE PROVISIONS IN ONE SIMPLE STATUTORY PROVISION
AND ACCORDINGLY, I CAN'T SUPPORT IT. THANK YOU, SIR.
ACTING SPEAKER BRONSON: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WILL THE SPONSOR YIELD FOR A QUESTION, PLEASE?
ACTING SPEAKER BRONSON: WILL THE SPONSOR
YIELD?
MS. CLARK: YES.
ACTING SPEAKER BRONSON: THE SPONSOR
YIELDS.
MRS. PEOPLES-STOKES: THANK YOU, MS. CLARK.
FOR THE LAST COUPLE OF PIECES OF LEGISLATION THAT'S BEEN IN FRONT OF US, WE
HAVE HEARD THE OPPOSITION DESCRIBE THE BILL BEFORE THE SPONSOR HAD AN
OPPORTUNITY TO TELL US WHAT THE BILL IS AND WHAT IT DOES. SO MS. CLARK,
WOULD YOU PLEASE EXPLAIN TO US WHAT YOUR BILL DOES?
MS. CLARK: I'D LOVE TO EXPLAIN WHAT THIS BILL DOES.
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NYS ASSEMBLY JUNE 3, 2022
SO BY STATUTE IF AN ORDER OF PROTECTION IS ISSUED IN A COURT, THERE ARE
SUPPOSED TO BE A SURRENDERING OF GUNS IN THE HOUSE. RIGHT NOW, THAT
WOULD BE THE ASSUMPTION, THEN, THAT THAT QUESTION WOULD BE ASKED OF A
DEFENDANT AND ALSO, POTENTIALLY, ASKED BY THAT PERSON PUSHING FOR --
WHO IS ASKING FOR THE ORDER OF PROTECTION, BUT IT DOESN'T ALWAYS HAPPEN.
AND SO WHAT WE'RE TRYING TO CLARIFY, IT IS ALREADY STATUTE THAT THE GUNS
ARE SUPPOSED TO BE SURRENDERED UNDER THE ORDER OF PROTECTION. SO
WE'RE NOT CHANGING THAT LAW, THAT LAW ALREADY EXISTS. WHAT WE'RE
SAYING IS THAT WHEN IT'S ISSUED THAT THE JUDGE ASKS THE -- IF GUNS ARE
PRESENT IN THE HOME AND WE WENT OUT OF OUR WAY IN THIS BILL TO CARVE
OUT AND MAKE SURE WE ARE PROTECTING THE PERSON WHO IS ASKING FOR THE
ORDER OF PROTECTION, THAT THEY WILL BE ASKED OUTSIDE OF THE PRESENCE OF
THE DEFENDANT THAT THEY'RE FILING THE ORDER OF PROTECTION AGAINST TO KEEP
THEMSELVES SAFE.
WE KNOW THAT JUDGES MAY OFTEN ASSUME IF THERE ARE
GUNS PRESENT, SOMEONE MAY VOLUNTEER THAT INFORMATION, BUT IT'S NOT
HAPPENING, WHETHER IT'S BECAUSE THE PERSON FILING IS AFRAID OR
INTIMIDATED, OR HAS BEEN BULLIED. WE ARE ALREADY KNOW THE DYNAMICS
OF DOMESTIC VIOLENCE SO WE'RE TRYING TO FIX THAT AND MAKE SURE THAT THIS
IS DONE AND THAT THE LAW IS FOLLOWED.
MRS. PEOPLES-STOKES: THANK YOU VERY MUCH.
MS. CLARK: YOU'RE WELCOME.
ACTING SPEAKER BRONSON: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER BRONSON: THE CLERK WILL
RECORD THE VOTE ON SENATE 6443-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
PARTY IS GENERALLY OPPOSED TO THIS LITIGATION. OF COURSE, WE ENCOURAGE
ANYONE WHO SUPPORTS IT TO VOTE IN FAVOR OF IT HERE ON THE FLOOR OR BY
CONTACTING THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER BRONSON: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. AND IN SPITE OF THE ILLUSION THE OPPOSITION WOULD LIKE US TO
BELIEVE ABOUT THIS PIECE OF LEGISLATION, THE DEMOCRATIC CONFERENCE IS
GOING TO BE IN SUPPORT OF IT. I WOULD ENCOURAGE COLLEAGUES WHO WOULD
LIKE TO BE AN EXCEPTION TO FEEL FREE TO CONTACT THE MAJORITY LEADER'S
OFFICE, WE WILL MAKE SURE THEIR VOTE IS PROPERLY RECORDED. THANK YOU,
SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: MR. LAVINE TO
EXPLAIN HIS VOTE. QUICKLY.
MR. LAVINE: THANK YOU. YES, VERY QUICKLY. THIS
JUST SAYS THE COURT -- THE COURT, THE JUDGE IS SUPPOSED TO INQUIRE OF THE
DEFENDANT AND THE PROSECUTOR ABOUT THE PRESENCE OF GUNS IN A HOME
424
NYS ASSEMBLY JUNE 3, 2022
WHERE THERE'S AN ORDER INVOLVED. NOW, WE HEAR IN THIS CHAMBER A LOT
OF COMMENTS BY PEOPLE FROM A LOT OF PARTS OF THE STATE, BUT FROM A LOT
OF THE RURAL AREAS, THE NONMETROPOLITAN AREAS, ABOUT THE NEED TO HAVE
GUNS. AND WE RESPECT THAT. THERE IS A SECOND AMENDMENT. BUT I
KIND OF WORRY THAT JUDGES WHO COME FROM THOSE PARTS OF THE STATE AND
MAY HAVE THAT SAME ATTITUDE THAT WE HEAR SO OFTEN IN THIS CHAMBER ARE
NOT GOING TO BE TOO INTERESTED IN TRYING TO MAKE SURE THAT SOMEONE WHO
IS SEEKING AN ORDER IS ACTUALLY PROTECTED. IT'S JUST A WORRY ON MY PART;
PERHAPS UNFOUNDED, BUT IT'S REALLY FOUNDED.
SO I THINK THIS IS REALLY A GOOD BILL. LET'S MAKE OUR
JUDGES PROTECT THE PEOPLE WHO SEEK THE PROTECTION OF THE COURTS. I'M
VERY PLEASED TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MS. CLARK TO EXPLAIN HER VOTE.
MS. CLARK: I WILL BE SUPER QUICK. I JUST WANTED TO
MAKE SURE I ADDED, AS WELL, THAT IF SOMEBODY WOULD LIKE TO CHALLENGE A
TEMPORARY ORDER OF PROTECTION IN A HEARING, THEY HAVE UP TO -- THEY
HAVE TO BE GIVEN A HEARING WITHIN 14 DAYS, UP TO 14 DAYS. SO THIS
WHOLE ARGUMENT ABOUT DUE PROCESS, IT JUST REALLY DOESN'T PERTAIN TO THIS
PARTICULARLY, AS WE KNOW, IN THE SENSITIVITY OF DOMESTIC VIOLENCE CASES.
SO THERE IS THE OPTION TO HAVE THAT HEARING THAT -- THAT EVER ELUSIVE
HEARING TO ARGUE YOUR CASE IF THIS IS NOT SOMETHING THAT SHOULD BE
HAPPENING. BUT IN THE MEANTIME, KNOWING HOW RISKY IT IS THE MOMENT
THESE ORDERS OF PROTECTIONS ARE ISSUED, WE NEED TO MAKE SURE WE'RE
425
NYS ASSEMBLY JUNE 3, 2022
PROTECTING THE VICTIMS AND THOSE WHO ARE -- THE VICTIMS OF DOMESTIC
VIOLENCE. SO I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. CLARK IN THE
AFFIRMATIVE.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. DURSO, MR. GANDOLFO,
MR. MORINELLO, AND MR. RA. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
MRS. PEOPLES-STOKES.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
NOW, MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. AND
COLLEAGUES, THIS IS A -- THE FINAL LIST OF DEBATABLE BILLS. AFTER THAT, WE'RE
GOING TO CONSENT, HOPEFULLY IT WILL GO A LITTLE FASTER. THE BILLS THAT
WE'RE GOING TO DEBATE NOW WILL BE RULES REPORT NO. 675 BY MS.
PAULIN; RULES REPORT NO. 745, MR. ZEBROWSKI; RULES REPORT NO. 436,
MR. ZEBROWSKI; CALENDAR NO. 239, MR. GOTTFRIED; AND RULES REPORT
NO. 681, MR. GOTTFRIED. IN THAT ORDER, MR. SPEAKER. THANK YOU VERY
MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
PAGE 4, RULES REPORT NO. 675, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01125-A, RULES
REPORT NO. 675, PAULIN, GOTTFRIED, THIELE, GALEF, COOK, J. RIVERA,
426
NYS ASSEMBLY JUNE 3, 2022
SEAWRIGHT, DINOWITZ, BICHOTTE HERMELYN, BARRETT, KELLES, HEVESI,
MCDONALD, GONZÁLEZ-ROJAS, SILLITTI, DICKENS, REYES, MAMDANI, ROZIC,
ENGLEBRIGHT, FORREST, EPSTEIN, JACKSON, STECK, L. ROSENTHAL, NIOU,
QUART, CARROLL, BURDICK, SIMON, BURGOS, LUNSFORD, GALLAGHER, LAVINE,
J. D. RIVERA, CLARK. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
THE DISPENSING OF SELF-ADMINISTERED HORMONAL CONTRACEPTIVES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 1125. 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 A PARTY
VOTE WITH THE REPUBLICAN CONFERENCE GENERALLY OPPOSED TO THIS
LEGISLATION FOR REASONS I WILL MENTION SHORTLY.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THE
MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS LEGISLATION. THERE
MAY BE A FEW OF US WHO WOULD LIKE TO BE AN EXCEPTION, THEY SHOULD
FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE OR IF THEY'RE IN
CHAMBERS, ACTIVATE THEIR NO BUTTON. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
427
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THIS BILL WOULD
ENABLE THE DISPENSING OF SELF-ADMINISTERED HORMONAL CONTRACEPTIVE BY
LICENSED PHARMACISTS WITHOUT THE NEED FOR A PERSON-TO-PERSON,
FACE-TO-FACE ASSESSMENT BY A LICENSED PHYSICIAN. AND THE WAY THEY DO
THAT IS THEY SAY THAT A LICENSED PHYSICIAN CAN GIVE A GENERAL ORDER THAT
CAN BE FILLED AT ANY TIME. UNFORTUNATELY, WHAT IT DOES IS IT JEOPARDIZES
THE HEALTH OF WOMEN IN THIS BLIND BRUSH TO SUPPORT ABORTION OR BIRTH
CONTROL REGARDLESS OF THE IMPACT ON INDIVIDUALS. AND WE ALL KNOW THAT
A LOT OF THESE DRUGS HAVE A SERIOUS IMPACT ON THE BODY, AND FOR SOME
WOMEN IT CAN BE VERY DANGEROUS.
AND SO FOR THOSE OF US WHO ARE REALLY CONCERNED THAT
WE DON'T AUTHORIZE THE INJECTION OF LARGE DOSES OF HORMONAL
CONTRACEPTIVES WITHOUT A PHYSICIAN'S DIRECT INVOLVEMENT, WE WILL BE
VOTING NO. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. WALCZYK.
MR. WALCZYK: MR. SPEAKER, THE SENATE GAVELLED
OUT A COUPLE DAYS AGO AND THROUGHOUT THE ENTIRE SESSION DIDN'T TAKE
THIS BILL UP. SO DESPITE IT NOT HAVING THE OPPORTUNITY TO GO TO THE
GOVERNOR AND BE SIGNED INTO LAW, I'LL BE VOTING NO AS WELL WITH THE
CONFERENCE.
ACTING SPEAKER AUBRY: MR. WALCZYK IN THE
NEGATIVE.
MS. PAULIN.
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NYS ASSEMBLY JUNE 3, 2022
MS. PAULIN: YES, THANK YOU. IN LIGHT OF THE FACT
THAT THE SUPREME COURT, WE ASSUME, IS GOING TO BE ISSUING A DECISION
THAT WILL TAKE ACCESS TO REPRODUCTIVE RIGHTS FROM MANY WOMEN IN THIS
COUNTRY, I FEEL VERY PROUD TO BE SPONSORING A BILL THAT GIVES EVEN MORE
ACCESS TO NEW YORK WOMEN. AND JUST FOR THE RECORD, IT IS THE
PHYSICIANS, THE PRESCRIBERS, WHO SUPPORT THIS BILL. THEY BELIEVE THAT AN
UNWANTED PREGNANCY IS MUCH -- OF MUCH GREATER RISK TO A WOMAN'S
HEALTH THAN BEING ABLE TO GET BIRTH CONTROL PILLS BY A LICENSED
PHARMACIST WITH A NON-PATIENT SPECIFIC SCRIPT.
I WANT TO THANK THE CHAIR AND THE SPEAKER FOR PUTTING
SO MUCH EFFORT INTO THIS BILL, AND IT'S DISAPPOINTING THAT THE SENATE DID
NOT TAKE IT UP, BUT I FEEL SURE THAT ULTIMATELY, THIS BILL WILL BECOME LAW
IN NEW YORK. THANK YOU.
ACTING SPEAKER AUBRY: MS. PAULIN IN THE
AFFIRMATIVE.
MR. FRIEND TO EXPLAIN HIS VOTE ON ZOOM.
MR. FRIEND: THANK YOU, MR. SPEAKER. I'D JUST LIKE
TO MENTION THAT MY WIFE, WHO HAS BIRTHED FOUR CHILDREN, IS A PRACTICING
ACTIVE PHYSICIAN, DOES NOT SUPPORT THIS BILL OF ALLOWING PHARMACISTS TO
ADMINISTER THIS MEDICINE. I WILL BE VOTING NO. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MR. FRIEND IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY JUNE 3, 2022
THE BILL IS PASSED.
PAGE 17, RULES REPORT NO. 745, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10261, RULES REPORT
NO. 745, COMMITTEE ON RULES, ZEBROWSKI. AN ACT TO AMEND THE STATE
FINANCE LAW, IN RELATION TO PROHIBITING STATE AGENCIES FROM ASSESSING
CERTAIN ADDITIONAL COLLECTION FEE CHARGES ON CERTAIN OUTSTANDING STUDENT
DEBTS.
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 APRIL 1ST,
2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7862-B. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED FOR THE REASON I WILL MENTION
MOMENTARILY.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS IN FAVOR OF THIS PIECE OF
LEGISLATION; HOWEVER, THERE MAY BE A FEW WHO WOULD LIKE TO BE AN
430
NYS ASSEMBLY JUNE 3, 2022
EXCEPTION. PLEASE FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE, WE
WILL MAKE SURE YOUR VOTE IS PROPERLY RECORDED, OR USE YOUR NO BUTTON IN
THE CHAMBERS. THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU. THIS BILL REQUIRES
MINIMUM TRAINING REQUIREMENTS THAT ARE FAIRLY EXTENSIVE FOR CODE
ENFORCEMENT OFFICERS, OR BUILDING SAFETY OFFICERS. AND CERTAINLY
EVERYONE IN THIS ROOM WANTS TO ENSURE THAT OUR CODE ENFORCEMENT
OFFICERS ARE WELL QUALIFIED, BUT THERE'S A COUPLE OF ZINGERS IN HERE THAT
ARE OF GREAT CONCERN, ESPECIALLY -- ESPECIALLY WHEN WE GET TO THE RIGHT
BILL.
(LAUGHTER)
AND I CAN'T UNDERSTAND WHY -- I CAN'T UNDERSTAND WHY
THIS BODY KEEPS BRINGING UP THE WRONG BILLS FOR MARY BETH AND I.
(LAUGHTER)
ACTING SPEAKER AUBRY: MR. GOODELL, WE'RE
JUST OUT OF CONTROL.
MR. GOODELL: BUT HAVING SPOKEN ON THE NEED FOR
CODE ENFORCEMENT, SOME OF WHOM MAY INCUR STUDENT DEBT, IF I MAY
TALK ABOUT THAT FOR A MOMENT, AS WELL.
THE CHALLENGE WITH THIS BILL IS IT ELIMINATES THE ABILITY
OF OUR OWN ATTORNEY GENERAL TO COLLECT THE ACTUAL, GET REIMBURSED FOR
THE ACTUAL COST OF COLLECTING ON STUDENT DEBT. AND AS YOU KNOW,
431
NYS ASSEMBLY JUNE 3, 2022
STUDENT DEBT COLLECTION HAS BEEN QUITE A POLITICAL ISSUE. AND SO YOU
CAN BE ASSURED THAT OUR ATTORNEY GENERAL WHO IS RUNNING FOR REELECTION
IS NOT GOING AFTER STUDENTS WHO CAN'T OR ARE UNABLE TO PAY BECAUSE OF
THEIR CIRCUMSTANCES.
BUT FROM TIME TO TIME, THE ATTORNEY GENERAL DOES
BRING LAWSUITS ON COLLECTION MATTERS WHERE THEY THINK -- THE ATTORNEY
GENERAL'S OFFICE THINKS THE STUDENTS CAN OR OUGHT TO PAY, OR THEY
OTHERWISE MAKE THE INTERNAL DECISION THAT A JUDGMENT WOULD BE
APPROPRIATE. SO UNDER CURRENT LAW THEY ARE AUTHORIZED UNDER SECTION 5
OF -- SUBPARAGRAPH 5 OF SECTION 17 OF THE PUBLIC FINANCE LAW TO GET
THE ACTUAL, THEIR ACTUAL COLLECTION COST, NOT TO EXCEED 22 PERCENT OF THE
LOAN.
NOW, IF THE STUDENT HAS $100,000 LOAN, THAT MEANS
THEY GET THEIR ACTUAL COST NOT TO EXCEED 22,000. IF THEY ONLY HAVE
1,000 LOAN, THEY GET THE ACTUAL COST NOT TO EXCEED, YOU KNOW, $220,
WHICH DOESN'T EVEN COVER THE FILING FEES. THIS WOULD ELIMINATE THE
ABILITY OF THE ATTORNEY GENERAL'S OFFICE TO GET REIMBURSEMENT FOR THEIR
ACTUAL EXPENSES WHEN COLLECTING STUDENT DEBT, WHICH MEANS THEN THAT
THAT EXPENSE OF COLLECTING THE STUDENT DEBT FALLS ON THE TAXPAYERS WHO
NEVER BORROWED THE MONEY IN THE FIRST PLACE. AND FOR THAT REASON, I
WOULD RECOMMEND THAT WE NOT ADOPT THIS. WE'LL TALK ABOUT CODE
OFFICERS LATER, BUT NOT ADOPT THIS AND ALLOW THE ATTORNEY GENERAL TO
COLLECT OUT-OF-POCKET REIMBURSEMENTS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 3, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 10, RULES REPORT NO. 436, THE CLERK WILL READ.
THE CLERK: SENATE NO. S00532-A, RULES REPORT
NO. 436, SENATOR PERSAUD (ZEBROWSKI, LAWLER--A00276-A). AN ACT TO
AMEND THE EXECUTIVE LAW, IN RELATION TO MINIMUM STANDARDS FOR CODE
ENFORCEMENT PERSONNEL.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 532-A. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED TO THIS BILL FOR THE REASONS I WILL
CONTINUE TO EXPLAIN, HAVING BEEN INTERRUPTED BY THAT PREVIOUS BILL.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS IN FAVOR OF THIS PIECE OF
LEGISLATION; HOWEVER, THERE MAY BE A FEW OF OUR COLLEAGUES THAT WOULD
DESIRE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE
MAJORITY LEADER'S OFFICE AND/OR PRESS THEIR NO BUTTON IN CHAMBERS.
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NYS ASSEMBLY JUNE 3, 2022
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. AS I WAS
MENTIONING, THERE ARE SOME STUDENTS THAT MAY OR MAY NOT HAVE STUDENT
DEBT, BUT THEY ARE OBLIGATED TO TAKE A FAIRLY EXTENSIVE TRAINING TO --
ACTING SPEAKER AUBRY: IT AIN'T FUNNY AT 3:10.
MR. GOODELL: I'M COVERING ALL MY BASES.
(LAUGHTER)
ACTING SPEAKER AUBRY: THE BILL ON THE BOARD,
PLEASE.
MR. GOODELL: YES, THEY MAY OR MAY NOT HAVE
STUDENT DEBT, BUT THIS BILL WOULD REQUIRE THEM TO TAKE EXTENSIVE
SCHOOLING IN CODE ENFORCEMENT. AND THE IDEA OF HAVING WELL-TRAINED
CODE ENFORCEMENT OFFICERS IS A -- IS A GREAT IDEA, AND CERTAINLY ONE THAT
ALL OF US HOPE TO ACHIEVE. THERE ARE, HOWEVER, A COUPLE ZINGERS IN THIS
BILL THAT ARE PROBLEMATIC, ESPECIALLY FOR OUR SMALLER, RURAL UPSTATE
TOWNS.
UPSTATE, BEING ABLE TO FIND A QUALIFIED CODE
ENFORCEMENT OFFICER IS SOMETIMES A CHALLENGE. AND, OF COURSE, IF YOU
HAVE ONE THAT'S BEEN WITH YOU A LONG TIME AND THEY RETIRE, YOU HAVE TO
FIND ANOTHER ONE AND IT'S NOT LIKE YOU PICK UP THE PHONE AND SAY, HEY,
I'M LOOKING FOR A CERTIFIED CODE ENFORCEMENT OFFICER THAT'S GOT ALL THEIR
TRAINING UP-TO-DATE. RATHER, WHAT TYPICALLY HAPPENS IS THEY LOOK AT A
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NYS ASSEMBLY JUNE 3, 2022
PRETTY CAPABLE CONTRACTOR AND SAY, HEY, WOULD YOU LIKE TO WORK FOR THE
TOWN, YOU KNOW WHAT YOU'RE DOING, YOU'RE FAMILIAR WITH US, YOU'RE
COMFORTABLE LOOKING AT PLUMBING, ELECTRICAL AND EVERYTHING ELSE,
WOULD YOU LIKE TO BE OUR CODE ENFORCEMENT OFFICER?
AND WHAT THIS BILL SAYS IS EVEN THOUGH YOU FIND A
QUALIFIED CONTRACTOR AND A PERSON THAT'S BEEN DOING THIS FOR DECADES
AND KNOWS THEIR WAY INSIDE AND OUT AND ACTUALLY KNOWS THE CODE
PROBABLY BETTER THAN ANY CODE OFFICERS, THEY CANNOT BEGIN TO WORK FOR
THE TOWN, CAN'T START UNTIL THEY COMPLETE THE STATE MANDATED TRAINING.
AND FOR A SMALL TOWN, THAT COULD BE AN EXTENSIVE DELAY.
AND SO WE NEED TO BE SENSITIVE, THEN, IN SMALL TOWNS.
YOU DON'T LOOK IN THE YELLOW PAGES FOR CERTIFIED CODE ENFORCEMENT
OFFICERS. YOU LOOK FOR THE PEOPLE THAT ARE THE BEST QUALIFIED IN THE
TOWN THAT HAVE THAT PRACTICAL COMMON SENSE EXPERIENCE, YOU GET THEM
ON BOARD AS SOON AS YOU CAN, YOU ARRANGE FOR THE CERTIFICATION AS SOON
AS YOU CAN TO MAKE SURE YOU COVER ALL YOUR BASES, BUT YOU REALLY NEED
TO GET THEM IN. AND THE LAST THING ANY OF US WANT TO DO IS CREATE A
SCENARIO WHERE TOWN GOVERNMENTS OR VILLAGE GOVERNMENTS DON'T HAVE
ANY CODE ENFORCEMENT OFFICER, PENDING TRAINING, WHEN YOU HAVE A
QUALIFIED PERSON THAT'S READY TO STEP IN.
SO I WOULD LIKE TO WORK WITH THE SPONSOR AND
HOPEFULLY WE CAN ADDRESS SOME OF THESE ISSUES AND HAVE ANOTHER SHOT
AT CORRECTING THIS, OR ADDRESSING THE BILL'S CONCERNS. AND AGAIN, THANK
YOU, FOR THE SPONSOR BECAUSE I KNOW YOUR HEART AND MIND'S IN THE RIGHT
PLACE, BUT I CAN'T SUPPORT THIS AS DRAFTED. THANK YOU, SIR AND THANK
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NYS ASSEMBLY JUNE 3, 2022
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. KEITH BROWN IN THE AFFIRMATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 41, CALENDAR NO. 239, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07326-A, CALENDAR
NO. 239, GOTTFRIED, BRABENEC, CYMBROWITZ, DICKENS, ENGLEBRIGHT,
GALLAGHER, HEVESI, MCDONALD, MONTESANO, OTIS, PAULIN, SIMON,
TAYLOR, THIELE, ZINERMAN, LAVINE, DAVILA, FORREST, FERNANDEZ,
GONZÁLEZ-ROJAS, GOODELL, SEAWRIGHT. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO PROTECTING THE CONFIDENTIALITY OF VACCINE
INFORMATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6541-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.)
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NYS ASSEMBLY JUNE 3, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 5, RULES REPORT NO. 681, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05613-A, RULES
REPORT NO. 681, GOTTFRIED, LAVINE, SIMON, SILLITTI, DAVILA. AN ACT TO
AMEND THE SOCIAL SERVICES LAW AND THE CIVIL PRACTICE LAW AND RULES,
IN RELATION TO RECOVERY OF OVERPAYMENT OF CERTAIN ASSISTANCE; AND TO
REPEAL CERTAIN PROVISIONS OF THE SOCIAL SERVICES LAW RELATED THERETO.
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, MR.
GOODELL.
MR. GOODELL: JUST CHECKING TO MAKE SURE I HAVE
THE RIGHT ONE. THIS BILL AMENDS THE SOCIAL SERVICES LAW TO MAKE IT
MUCH MORE DIFFICULT AND, IN SOME CASES, IMPOSSIBLE FOR THE TAXPAYERS
TO RECOVER OVERPAYMENTS THAT WERE MADE TO WELFARE RECIPIENTS THAT
WERE NOT ELIGIBLE BECAUSE THEY HAD EXCESS OF ASSETS OR INCOME. AND SO
THESE ARE THE CHANGES IT MAKES: FIRST, IT SAYS THAT PUBLIC WELFARE
OFFICIALS CANNOT BRING ANY COLLECTION ACTION IF THEY WERE THE ONES,
THROUGH SOME BUREAUCRATIC ERROR, THAT MADE THE MISTAKE. AND SO YOU
437
NYS ASSEMBLY JUNE 3, 2022
KNOW, IT'S LIKE, WELL, YOU MADE THE MISTAKE SO WE GET TO KEEP ALL THE
MONEY. SECOND AND, BY THE WAY, THERE'S NO OFFSETTING COUNTERCLAIM
THAT, YEAH, YOU KNEW IT WAS A MISTAKE AND YOU KEPT THE MONEY
ANYWAY, DOESN'T MATTER.
SECOND, UNLIKE ALMOST ANY OTHER LAWSUIT, THIS WOULD
REQUIRE A CERTIFICATION OF MERIT SIGNED BY AN ATTORNEY SETTING FORTH NOT
ONLY THE CLAIM, WHICH IS TYPICAL, BUT ALSO SUPPORTED BY ALL THE
EVIDENCE. AND AS MOST OF YOU KNOW, WHEN YOU BRING A TYPICAL
LAWSUIT, YOU DON'T FILE EVIDENCE, YOU JUST FILE THE CLAIM. FOUR, IF THE
PERSON WHO FRAUDULENTLY OBTAINED A WELFARE BENEFIT, WAS UNDER THE AGE
OF 21, GOOD NEWS FOR THEM, THEY DON'T HAVE TO PAY IT BACK AT ALL.
APPARENTLY IT'S OKAY IF YOU'RE UNDER 18 TO CONSENT TO ANY MEDICAL
PROCEDURE, BUT NOT COMPETENT TO BE RESPONSIBLE FOR ANY OLD PAYMENTS.
FIVE, INSTEAD OF A TYPICAL THREE-YEAR STATUTE OF LIMITATIONS, THIS ONE HAS
A LITTLE BIT OF A TRAP BECAUSE THIS ONE IS ONLY TWO YEARS STATUTE OF
LIMITATIONS. WELL, THE INTERESTING THING IS EVEN IF YOU GO AHEAD AND GET
A JUDGMENT HAVING SATISFIED ALL THOSE RESTRICTIONS, UNLIKE THE STATUTORY
NINE PERCENT INTEREST THAT APPLIES IN EVERY OTHER JUDGMENT IN THE STATE
OF NEW YORK, THIS ONE IS LIMITED TO THE ONE-YEAR TREASURY BILL WHICH I
THINK JUST BROKE ONE PERCENT. NOW, IF YOU CAUGHT THE PERSON CHEATING
THE GOVERNMENT AND YOU BROUGHT A COLLECTION ACTION DURING COVID
AND THEY PAID AT LEAST HALF OF IT BACK, WELL, GOOD NEWS, YOU GET A 50
PERCENT OFF AND YOU DON'T HAVE TO PAY THE OTHER HALF. AND FINALLY, IF
YOU SAY, YOU KNOW, I JUST DON'T HAVE THE MONEY TO PAY IT BACK, WELL,
THAT'S GOOD ENOUGH TO STOP THE LAWSUIT, TOO, BECAUSE IF YOU ALLEGE
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NYS ASSEMBLY JUNE 3, 2022
UNDUE FINANCIAL HARDSHIP, YOU GET A FREE RIDE.
MY FRIENDS, WHEN SOMEBODY COLLECTS MONEY FROM THE
TAXPAYERS THAT THEY'RE NOT ENTITLED TO, IT'S NOT UNREASONABLE TO SAY YOU
OUGHT TO PAY IT BACK, AND YOU OUGHT TO PAY IT BACK JUST LIKE YOU OUGHT
TO PAY BACK ANY OTHER MONEY YOU GET FROM ANY OTHER SOURCE THAT YOU'RE
NOT ENTITLED TO. AND SO THIS BILL MAKES IT EXTREMELY DIFFICULT FOR THE
TAXPAYERS TO RECOVER MONEY FROM PEOPLE WHO MAY HAVE LIED OR
CHEATED ON THEIR APPLICATION AND GOT MONEY THEY WEREN'T ENTITLED TO.
WE AREN'T FIDUCIARIES FOR THE TAXPAYER, THIS IS NOT THE TYPE OF LEGISLATION
WE SHOULD SUPPORT. FOR THAT REASON, I'LL RECOMMEND AGAINST IT TO MY
COLLEAGUES. THANK YOU, MR. SPEAKER.
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 4540-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: THE REPUBLICAN CONFERENCE IS
GENERALLY OPPOSED TO THIS BILL, BUT THOSE WHO WOULD LIKE TO SUPPORT IT
ARE CERTAINLY ENCOURAGED TO CALL OR VOTE ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
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NYS ASSEMBLY JUNE 3, 2022
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS
LEGISLATION; HOWEVER, THERE MAY BE A FEW OF US WHO WOULD LIKE TO BE
AN EXCEPTION. THEY'RE WELCOME TO CALL THE MAJORITY LEADER'S OFFICE OR
PUSH THEIR NO BUTTON IN CHAMBERS.
ACTING SPEAKER AUBRY: THANK YOU BOTH.
(THE CLERK RECORDED THE VOTE.)
MR. GOTTFRIED TO EXPLAIN HIS VOTE.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. I JUST
WANT TO MAKE ONE POINT ABOUT THE BILL. A LOT OF CONCERN, YOU KNOW, IS
RAISED IN THIS CONTEXT ABOUT PEOPLE WHO HAVE COMMITTED FRAUD OR ARE
CONSCIOUSLY CHEATING THE PUBLIC ASSISTANCE SYSTEM OR THE MEDICAID
SYSTEM. THIS BILL DOES NOT INTERFERE IN ANY WAY WITH THE MECHANISMS
THAT ARE USED FOR DEALING WITH FRAUD, WHICH IS PRIMARILY NOT HANDLED BY
SOCIAL SERVICES OFFICIALS, BUT FRAUD CASES ARE BASICALLY HANDLED BY OUR
CRIMINAL JUSTICE SYSTEM, THE LOCAL DA, ET CETERA. THIS BILL DOES NOT
TOUCH THAT WHOLE PROCESS AND, THEREFORE, I WILL BE VOTING IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I REALIZE IN MY LAST ANNOUNCEMENT OF FLOOR ACTIVITY THAT I
440
NYS ASSEMBLY JUNE 3, 2022
MENTIONED THAT WE WERE DONE WITH THE DEBATE LIST, BUT IN LIEU OF THE
FACT THAT THERE'S A GENTLEMAN WHO HAS SERVED US AND SERVED THE 75TH
ASSEMBLY DISTRICT FOR 52 YEARS, WE'RE GOING TO BE ADDING AT LEAST TWO
OTHER PIECES OF HIS LEGISLATION. I HOPE THAT FOLKS WILL BE KIND TO HIM IN
THEIR CHALLENGES OF THIS LEGISLATION. I CAN ASSURE YOU THAT IF HE
INTRODUCED IT, IT'S GOOD. HE'S PROBABLY BEEN THE MOST PROGRESSIVE
LEGISLATOR, AND I WILL SAY IN MY TERM, THE BEST AND ONLY CHAIR OF THE
HEALTH COMMITTEE WHO HAS DONE JUST A FABULOUS JOB. AND SO HE'S
LEADING OUR HEALTH ISSUES, WE NEED TO TRY TO LISTEN. SO TO HIS CREDIT, WE
WANT TO DO RULES REPORT NO. 698 BY MR. GOTTFRIED AND CALENDAR NO.
599 BY MR. GOTTFRIED. IN THAT ORDER, MR. SPEAKER.
ACTING SPEAKER AUBRY: PAGE 8, RULES REPORT
NO. 698, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08473-A, RULES
REPORT NO. 698, GOTTFRIED, SIMON, THIELE, L. ROSENTHAL, GLICK,
MAMDANI, MITAYNES. AN ACT TO AMEND THE GENERAL OBLIGATIONS LAW,
IN RELATION TO ALLOWING FOR COMPENSATION FOR NOISE POLLUTION BY
ROTORCRAFT; AND TO AMEND CHAPTER 592 OF THE LAWS OF 1998,
CONSTITUTING THE HUDSON RIVER PARK ACT, IN RELATION TO THE USE OF
CERTAIN HELIPORTS IN THE CITY OF NEW YORK.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN -- ON THE
30TH DAY.
441
NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7493-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.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PARTICULAR PIECE
OF LEGISLATION FOR THE REASONS THAT I'LL STATE IN A MOMENT. THANK YOU.
OH, IF ANYBODY WANTS TO VOTE IN THE AFFIRMATIVE THEY CAN DO SO IN THE
CHAMBER OR BY CALLING THE MINORITY LEADER'S OFFICE AND THEN WE'LL
PROPERLY RECORD YOUR VOTE.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS A YES ON THIS ONE; HOWEVER,
THERE MAY BE SOME COLLEAGUES WHO WOULD LIKE TO BE A NO. THEY CAN
PRESS YOUR BUTTON IN THE CHAMBERS OR CALL THE MAJORITY LEADER'S OFFICE
AND WE'LL BE HAPPY TO RECORD YOUR VOTE.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: TO EXPLAIN MY VOTE BRIEFLY, VERY
BRIEFLY. THIS BILL PROVIDES COMPENSATION FOR HELICOPTER NOISE POLLUTION
AND THE REASONS WHY OUR CONFERENCE IS LARGELY NOT GOING TO BE
442
NYS ASSEMBLY JUNE 3, 2022
SUPPORTING THIS PIECE OF LEGISLATION IS THAT IT -- WELL, IT'S BASICALLY -- I
FEEL LIKE AN ATTORNEY TRAITOR OR SOMETHING, BECAUSE I MEAN, THIS IS LIKE
-- THIS IS LIKE CHRISTMAS DAY FOR ATTORNEYS, I GUESS. THIS IS LIKE ONE
MORE CAUSE OF ACTION THAT COULD BE BROUGHT, YOU KNOW. THIS COULD BE
LUCRATIVE. THE BILL ALSO PROVIDES A PENALTY OF 1,000 TO $10,000 EVERY
DAY THAT THE HELICOPTER CREATES AN UNREASONABLE LEVEL OF NOISE AT
GROUND LEVEL. I DON'T KNOW WHAT THAT MEASUREMENT'S LIKE, BUT ANYWAY,
IT JUST AUTHORIZES A PRIVATE RIGHT OF ACTION FOR NOISY HELICOPTERS AND
APPARENTLY THE SPONSOR ALSO THINKS THAT HELICOPTERS ARE A THREAT TO THE
ENVIRONMENT. I DON'T SUPPORT THE BILL, I DON'T THINK MANY OF MY
COLLEAGUES WILL, AS WELL. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOTTFRIED TO EXPLAIN HIS VOTE.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER.
MOSTLY I WANT TO NOTE FOR THE RECORD AN IMPORTANT POINT ABOUT
LEGISLATIVE INTENT HERE. LIKE MOST BILLS, THIS BILL DOES NOT HAVE A
SPECIFIC SEVERABILITY CLAUSE, BUT I WANT TO MAKE CLEAR THE LEGISLATIVE
INTENT THAT -- THAT IF ANY PROVISION OF THE BILL OR THE APPLICATION OF ANY
PROVISION OF THE BILL IS HELD TO BE INVALID OR IN VIOLATION OF FEDERAL LAW,
PARTICULARLY, FOR EXAMPLE, FEDERAL AVIATION REGULATIONS, THAT THAT WOULD
NOT AFFECT THE REST OF THE BILL, AND THAT ITS PROVISIONS ARE THEREFORE TO BE
CONSIDERED SEVERABLE.
JUST TO NOTE, THE BILL DOES NOT APPLY TO ALL NOISE
CREATED BY HELICOPTERS. A, IT ONLY RELATES TO FLIGHTS OVER NEW YORK
CITY AND IT ONLY RELATES TO NOISE THAT IS CREATED BY HELICOPTERS THAT ARE
443
NYS ASSEMBLY JUNE 3, 2022
EITHER FOR SIGHTSEEING PURPOSES OR FOR, ESSENTIALLY, RECREATIONAL
PHOTOGRAPHY. SO ALL OF THE OTHER THINGS THAT HELICOPTERS ARE
LEGITIMATELY USED FOR WOULD NOT BE AFFECTED BY THE BILL, ALTHOUGH THERE
MAY BE PEOPLE WHO WISH IT DID. SO HAVING NOTED ALL OF THAT, I AM
PROUD TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 51, CALENDAR NO. 599, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06579, CALENDAR NO.
599, GOTTFRIED. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
A REVIEW AND RECOMMENDATIONS OF REIMBURSEMENT ADEQUACY AND OTHER
MATTERS RELATING TO EARLY INTERVENTION.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5676. 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. BYRNE, TO EXPLAIN YOUR VOTE?
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NYS ASSEMBLY JUNE 3, 2022
MR. BYRNE: YEAH, THANK YOU, MR. SPEAKER. FIRST, I
WANT TO MAKE IT CLEAR THAT I SUPPORT THIS PIECE OF LEGISLATION FROM THE
SPONSOR. IT IS A GOOD BILL AND I WANT TO MAKE SURE THAT PEOPLE KNOW
HOW IMPORTANT, YOU KNOW, THIS TYPE OF STUDY IS, BUT ALSO THE TRUST AND
FAITH THAT WE HAVE IN ALL OF OUR PUBLIC HEALTH INSTITUTIONS, INCLUDING OUR
STATE'S DEPARTMENT OF HEALTH. AND WHILE I EXPLAIN MY VOTE AND I
BELIEVE THIS IS A GREAT BILL, THIS IS A BILL THAT PASSED THE SENATE AND IT
WAS IMPORTANT THAT IT PASSED THIS CHAMBER. I HAD INTRODUCED A HOSTILE
AMENDMENT THAT WAS ATTACHED TO THIS SEVERAL WEEKS AGO TO MAKE THIS
GOOD BILL EVEN BETTER THAN IT IS NOW, BECAUSE I TRULY BELIEVE BY ADDING
LANGUAGE THAT WOULD HAVE PUT IN A BIPARTISAN INVESTIGATION INTO THE
NURSING HOME TRAGEDY DURING THE COVID-19 PANDEMIC WAS ABSOLUTELY
WARRANTED. OUR STATE HAS GONE THROUGH SO MUCH, SO MUCH, AND THIS
PIECE OF LEGISLATION, IT'S BIPARTISAN, THE LANGUAGE WAS ACTUALLY
INTRODUCED BY A MEMBER OF THE MAJORITY HAS FAILED TO BE GIVEN A VOTE,
AND WE'VE GONE THROUGH SO MUCH TOGETHER, WHETHER IT WAS PUBLIC
HEARINGS, INVESTIGATIONS, THE JUDICIARY COMMITTEE HAD IMPEACHMENT
INVESTIGATIONS, WE HAD ANALYSIS REVIEWED BY THE EMPIRE CENTER, THE
ATTORNEY GENERAL, THE COMPTROLLER'S REPORT. AND YES, I KNOW THAT WE
NOW HAVE THE GOVERNOR SAYING THAT SHE'S GOING TO REVIEW AN
INDEPENDENT ANALYSIS, BUT WHEN IS THE PEOPLE'S HOUSE GOING TO START
SERVING THE PEOPLE AND NOT ADVOCATE ITS RESPONSIBILITY TO THE
EXECUTIVE? I'M SORRY, I'M NOT GOING TO HOLD MY BREATH FOR GOVERNOR
HOCHUL TO DO AN INDEPENDENT ANALYSIS.
AGAIN, I DON'T WANT THAT TAKEN AWAY FROM THIS BILL. I
445
NYS ASSEMBLY JUNE 3, 2022
WASN'T GOING TO KEEP A HOSTILE AMENDMENT TO A GOOD BILL WITH A RISK
THAT IT COULD KILL IT. I'M GOING TO BE VOTING IN FAVOR OF THIS BILL, BUT I
REALLY DO SINCERELY HOPE THAT THIS BODY TAKES UP THAT PIECE OF
LEGISLATION THAT WE WERE REFERENCING EARLIER. IT'S BIPARTISAN, I BELIEVE
THAT IT HAD A STRONG AMOUNT OF SUPPORT, NOT JUST FROM THE ASSEMBLY
MINORITY CONFERENCE, BUT I'M PRETTY CONFIDENT A LOT OF DEMOCRATS
WOULD HAVE VOTED FOR IT, TOO. THANK YOU, MR. SPEAKER, I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BYRNE IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
NOW GO TO CONSENT BOTH THE A- AND THE B-CALENDAR, BUT THE B- FIRST.
ACTING SPEAKER AUBRY: ON THE B-CALENDAR,
PAGE 3, RULES REPORT NO. 769, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05413-A, RULES
REPORT NO. 769, DINOWITZ, SEAWRIGHT, HEVESI, COOK, BENEDETTO,
FERNANDEZ, BICHOTTE HERMELYN, REYES, L. ROSENTHAL, SEPTIMO, BYRNES.
AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO THE REGISTRATION OF
NONRESIDENT PHARMACIES, MANUFACTURERS, WHOLESALERS AND OUTSOURCING
FACILITIES THAT DELIVER PRESCRIPTION DRUGS TO OTHER ESTABLISHMENTS,
AUTHORIZED PRESCRIBERS AND PATIENTS RESIDING IN THIS STATE.
446
NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9448. 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. A08659-B, RULES
REPORT NO. 771, OTIS. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN
RELATION TO METROPOLITAN COMMUTER TRANSPORTATION AUTHORITY
ESTABLISHING AND IMPLEMENTING A VEGETATION MANAGEMENT POLICY.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
OTIS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9432. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
447
NYS ASSEMBLY JUNE 3, 2022
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. A10466, RULES REPORT
NO. 772, COMMITTEE ON RULES (CUSICK). AN ACT TO AMEND THE GENERAL
MUNICIPAL LAW, IN RELATION TO PROVIDING A SPECIAL ACCIDENTAL DEATH
BENEFIT TO THE PARENTS OF CERTAIN DECEASED MEMBERS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CUSICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9085. 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. CUSICK TO EXPLAIN HIS VOTE.
MR. CUSICK: I APOLOGIZE FOR SLOWING THINGS DOWN,
BUT THIS -- THIS MAY BE THE LAST TIME I CAN GET UP AND SPEAK ON ONE OF
MY BILLS. SO I JUST WANT TO URGE FOLKS TO VOTE IN FAVOR OF THIS BILL. THIS
IS A BILL THAT WOULD PROVIDE A DEATH BENEFIT TO THE PARENTS OF FALLEN
POLICE OR FIREFIGHTERS OR CITY WORKERS. PARTICULARLY THIS YEAR, WE LOST A
POLICE OFFICER AND A FIREFIGHTER WHOSE FAMILIES WILL FALL UNDER THIS BILL
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NYS ASSEMBLY JUNE 3, 2022
AND THIS IS SOMETHING THAT I THINK THIS HOUSE DOES, WE TAKE CARE OF OUR
CITIZENS, WE TAKE CARE OF THOSE WHO TAKE CARE OF US. AND IT'S A GOOD
BILL AND I URGE YOU TO JOIN ME IN VOTING YES. AND IT'S BEEN A PLEASURE
SERVING WITH ALL OF YOU. THANK YOU SO MUCH.
(APPLAUSE)
ACTING SPEAKER AUBRY: THE KID FROM STATEN
ISLAND WILL ALWAYS BE WELCOME BACK.
MR. TANNOUSIS TO EXPLAIN HIS VOTE.
MR. TANNOUSIS: THANK YOU, MR. SPEAKER. JUST TO
BE VERY BRIEF, I WANTED TO THANK THE DEAN OF OUR DELEGATION, THE
SPONSOR OF THIS BILL, FOR PUTTING THIS BILL IN FOR OUR HEROS. AND ALSO
WANT TO THANK HIM ON BEHALF OF THE DELEGATION FOR HIS 20 YEARS OF
SERVICE. YOU KNOW, IN STATEN ISLAND WE HAVE A HEALTHY TWO-PARTY
SYSTEM, BUT AS MANY PEOPLE SAY, WE ARE OUR OWN TRIBE. SO WITH THAT,
THANK YOU TO THE SPONSOR, AND WISH HIM THE BEST OF LUCK. THANK YOU
VERY MUCH.
ACTING SPEAKER AUBRY: MR. TANNOUSIS IN THE
AFFIRMATIVE. THANK YOU, SIR.
MR. REILLY.
MR. REILLY: THANK YOU. THANK YOU, MR. SPEAKER,
TO EXPLAIN MY VOTE. THIS IS A GREAT BILL AND I COMMEND THE SPONSOR FOR
PUTTING IT FORWARD, BUT MOST OF ALL I RISE BECAUSE MIKE CUSICK IS NOT
ONLY A COLLEAGUE, HE'S A LONG-TIME FRIEND. LONG BEFORE I WAS IN OFFICE,
I GOT TO KNOW MIKE AND WE WORKED ON MANY ISSUES WHEN I WAS AN
ADVOCATE. AND HIS GUIDANCE AND HIS FRIENDSHIP WILL ALWAYS BE CLOSE TO
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NYS ASSEMBLY JUNE 3, 2022
MY HEART, AND I WISH HIM THE BEST. AND THANK YOU FOR YOUR SERVICE,
MIKE.
(APPLAUSE)
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. FITZPATRICK TO
EXPLAIN HIS VOTE.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER. I
ALSO WANT TO COMMEND THE SPONSOR FOR THIS LEGISLATION AS WE PAY THE
DUE RESPECT TO OUR HEROES. BUT I ALSO WANT TO GIVE MY BEST WISHES TO
MY DEAR FRIEND MIKE CUSICK, WHO WAS A CLASSMATE OF MINE. WE CAME
IN TOGETHER, WE SERVED TOGETHER IN THE IRISH LEGISLATIVE SOCIETY SERVING
IRISH CAUSES HERE IN THE LEGISLATURE AND OVER IN NORTHERN IRELAND AND IN
IRELAND. HE IS A DEAR FRIEND, HE'S A VERY SPECIAL INDIVIDUAL AND, YOU
KNOW, WE'VE HAD A LOT OF FUN OVER IN IRELAND ON A NUMBER OF OCCASIONS
WHEN WE TRAVELED TOGETHER. HE WILL BE MISSED. THERE'S NO ONE LIKE
MIKE AND, YOU KNOW, OUR FRIENDSHIP WILL CONTINUE, BUT HE'S A VERY
SPECIAL INDIVIDUAL AND ONE OF THE BEST FRIENDS YOU COULD ASK FOR, AND A
GREAT LEGISLATOR, TOO. MICHAEL, BEST WISHES. GODSPEED.
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. SO I ALSO
THINK THAT THIS IS JUST A VERY APPROPRIATE FINAL BILL FOR THIS SPONSOR TO PUT
IN, BECAUSE HE GENERALLY IS VERY, VERY CARING FOR OUR LAW ENFORCEMENT.
AND I JUST WANT TO THANK HIM. WHEN I CAME TO ALBANY SIX YEARS AGO
WITH MY WONDERFUL CHIEF-OF-STAFF, AND I'M SPEAKING FOR HER, AS WELL,
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NYS ASSEMBLY JUNE 3, 2022
WE HAD THE GREAT GOOD FORTUNE OF BEING LOCATED ON THE 7TH FLOOR ACROSS
THE -- ACROSS THE HALL FROM MIKE AND HIS FANTASTIC STAFF, AND JUST FELT A
VERY WARM AND WELCOMING EMBRACE; FIGURATIVELY, YOU KNOW. AND --
AND IT JUST -- JUST REALLY APPRECIATE THAT. WHEN YOU FIRST COME -- WHEN
YOU FIRST COME, YOU DON'T KNOW WHAT YOU'RE DOING AND WE ALWAYS FELT
LIKE WE COULD GO ACROSS THE HALL AND FIND OUT. AND MICHAEL WAS JUST
ALWAYS SO WONDERFUL IN SHARING -- YOUR WHOLE TEAM HAS BEEN SO GREAT
TO US. SO JUST WANT TO SAY THANK YOU. WE'RE GOING TO BE SO SAD TO SEE
YOU GO BECAUSE YOU, OBVIOUSLY YOU CAN TELL FROM ALL THE BUTTONS BEING
PUSHED JUST HOW WELL LOVED YOU ARE. SO HOPEFULLY THIS IS NOT GOODBYE.
I STILL WANT THAT TRIP TO IRELAND WITH YOU GUYS, SO YOU'RE GOING TO HAVE
TO COME BACK FOR THAT. THANK YOU, MR. SPEAKER.
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. PHEFFER AMATO.
MS. PHEFFER AMATO: THANK YOU, MR. SPEAKER.
ON THE BILL. THIS BILL IS FITTING FOR MR. CUSICK'S LAST BILL AS HE'S A
PERSON WHO IS ALWAYS TAKING CARE OF OTHERS AND PUT OTHER PEOPLE BEFORE
HIMSELF. SO THIS BILL IS FITTING. BUT I WOULD LIKE TO SAY THANK YOU TO
HIM FOR BEING AN EXCELLENT FRIEND, FOR BEING A TRUE MENTOR FOR US AND
I'LL SAY AS MY COLLEAGUE, MARY BETH, AS WE GOT HERE, YOU WERE A TRUE
MENTOR TO A LOT OF US IN HELPING US KNOW THE ROPES. BUT AS THE JEWISH
MEMBER OF THE IRISH-AMERICAN LEGISLATIVE SOCIETY, I DO WANT TO THANK
YOU FOR LETTING ME BE PART OF THAT SOCIETY. IT'S BEEN A WONDERFUL
EXPERIENCE. IT WILL CONTINUE ON WITHOUT YOU, BUT IT WILL NOT BE THE
SAME. BUT I DO HAVE TO SAY THAT OVER THIS TIME WE'VE DEVELOPED A GREAT
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NYS ASSEMBLY JUNE 3, 2022
FRIENDSHIP AND I'M HAPPY TO SEE YOU GO, BECAUSE YOU HAVE A BEAUTIFUL
FAMILY THAT IS WAITING FOR YOU TO SPEND TIME, GO TO SOCCER, AND HAVE A
REALLY GREAT TIME IN STATEN ISLAND. AND TO MY COLLEAGUES FROM STATEN
ISLAND, HE'S STILL GOING TO BE THE KING OF STATEN ISLAND AND THE TOLL
MASTER AND ONLY IN HIS SHOES CAN I FOLLOW TO MAKE SURE THAT MY
BOROUGH GETS A FREE TOLL JUST LIKE STATEN ISLAND. SO I WISH YOU THE BEST,
MICHAEL.
(APPLAUSE)
ACTING SPEAKER AUBRY: WHEN I GO TO STATEN
ISLAND, I'M MCAUBRY.
(LAUGHTER)
WHEN CUSICK COMES TO QUEENS, HE'S JAZZY MIKE.
THANK YOU, MY FRIEND. IT HAS BEEN GREAT SERVING TIME
WITH YOU. PEOPLE DON'T KNOW ALL THE DEPTH THAT YOU HAVE, BUT I DO AND
I REALLY APPRECIATE IT AND THANK YOU FOR THE SERVICE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I DON'T KNOW THIS GENTLEMAN TO HAVE EVER INTRODUCED A PIECE
OF LEGISLATION THAT WASN'T WORTHY OF NOT ONLY HIS CONSTITUENTS, BUT FOR
THE CONSTITUENCY ACROSS THE STATE OF NEW YORK. AND SO IT IS KIND OF
BITTERSWEET TO SEE HIM GO. I DO KNOW HIS FAMILY, I WATCHED HIS LITTLE
GIRL RUN HIS WHOLE LIFE AT THE LAST IRISH-AMERICAN DINNER, AND I THINK IT'S
A GREAT THING THAT HE IS GOING TO GO AND DO THAT, BUT IT IS BITTERSWEET
BECAUSE WHEN I WAS SWORN IN TO THIS CHAMBERS, HE WAS SWORN IN AT THE
SAME TIME. AND SO WE HAVE SERVED TOGETHER OVER THE YEARS AND
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NYS ASSEMBLY JUNE 3, 2022
ACTUALLY STARTED OUT WITH 11 OF US, NOT MANY OF US LEFT, ALTHOUGH LEADER
BARCLAY IS STILL HERE, MR. FITZPATRICK IS STILL HERE, MR. O'DONNELL IS STILL
HERE. AND NOW MR. CUSICK IS LEAVING, SO I WILL MISS YOU. I CONSIDER
MYSELF A MEMBER OF THE IRISH-AMERICAN ASSOCIATION, TOO, BECAUSE OF
HIM AND MY SENATOR KENNEDY, BECAUSE I HAVEN'T MISSED ONE OF THOSE
DINNERS; IN FACT, I LOOK FORWARD TO TRAVELING WITH THEM TO IRELAND AT
SOME POINT THIS YEAR.
AND SO ALL I CAN SAY TO MR. CUSICK, ALSO WANT TO CALL
HIM THE PARTY GUY, BECAUSE HE'S ALWAYS GOING TO GET A PARTY GOING
AROUND HIM, ENJOY YOUR LIFE. IT'S YOUR TURN. IT'S NOT THAT YOU DIDN'T
ENJOY YOUR LIFE HERE, BUT YOU'RE GOING TO ENJOY IT EVEN MORE WITH YOUR
FAMILY. SOME OF US ARE GOING TO BE ENVIOUS AND SOME OF US ARE JUST
GOING TO RESPECT YOUR DECISION TO TAKE CARE OF YOU AND YOUR FAMILY.
GOD BLESS YOU, BROTHER; GOD BLESS YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(APPLAUSE)
THE CLERK WILL READ, 773.
THE CLERK: ASSEMBLY NO. A10520, COMMITTEE ON
RULES (CUNNINGHAM). AN ACT TO AMEND THE FACILITIES DEVELOPMENT
CORPORATION ACT, IN RELATION TO THE TRANSFER AND CONVEYANCE OF CERTAIN
PROPERTY TO A HOUSING DEVELOPMENT FUND CORPORATION.
453
NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CUNNINGHAM, 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 9349. 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 WILL READ, 770.
THE CLERK: ASSEMBLY NO. A07535-D, RULES
REPORT NO. 770, JONES, SIMPSON, ENGLEBRIGHT. CONCURRENT RESOLUTION
OF THE SENATE AND ASSEMBLY PROPOSING AN AMENDMENT TO SECTION 1 OF
ARTICLE XIV OF THE CONSTITUTION, IN RELATION TO CONVEYING LAND TO DEBAR
POND INSTITUTE, INC. IN ORDER TO FACILITATE THE PRESERVATION OF HISTORIC
BUILDINGS.
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 CONCURRENT RESOLUTION 7 -- 7535-D. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
454
NYS ASSEMBLY JUNE 3, 2022
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: I ACTUALLY JUST RISE, MR.
SPEAKER, TO CONGRATULATE THE GENTLEMAN ON THIS PIECE OF LEGISLATION. I
KNOW SOMETIMES THIS CREATES A LITTLE CONSTERNATION FOR SOME FOLKS, AT
LEAST IN MY COMMUNITY, BUT I THINK THIS IS A GOOD PIECE OF LEGISLATION
AND I'M PROUD TO SUPPORT IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE, THANK YOU.
ON THE -- OH. THE BILL IS PASSED.
ON THE A-CALENDAR, PAGE 3, THE CLERK WILL READ THE
TITLE OF THE CONCURRENT RESOLUTION, 2871.
THE CLERK: SENATE NO. S02871, SENATOR
STEWART-COUSINS (HEASTIE--A01073). CONCURRENT RESOLUTION OF THE
SENATE AND ASSEMBLY PROPOSING TO ESTABLISH THE JOINT LEGISLATIVE TASK
FORCE ON DIVERSITY, EQUITY, INCLUSION AND TOLERANCE, AND PROVIDING FOR
SUCH TASK FORCE'S POWERS AND DUTIES.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
MRS. PEOPLES-STOKES: ABSOLUTELY.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES?
MRS. PEOPLES-STOKES: YES, MR. SPEAKER, I WILL
YIELD, AND STAND IN FOR THAT FOR BOTH THE SPEAKER AND THE SENATE
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NYS ASSEMBLY JUNE 3, 2022
MAJORITY LEADER ANDREA STEWART-COUSINS.
MR. GOODELL: THANK YOU VERY MUCH, MRS.
PEOPLES-STOKES, I APPRECIATE IT. I NOTE THAT THIS CREATES A JOINT
LEGISLATIVE TASK FORCE WITH 30 MEMBERS, 15 APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE AND 15 BY THE SPEAKER OF THE
ASSEMBLY. IS THERE A REASON WHY THERE ARE NO APPOINTMENTS FROM THE
MINORITY, WHICH REPRESENTS NEARLY A THIRD OF THE STATE OF NEW YORK?
MRS. PEOPLES-STOKES: WELL, I THINK THE
ASSUMPTION IS THAT THE SPEAKER AND THE SENATE MAJORITY LEADER WILL
NOW SELECT THE MINORITY TO BE ONE OF THOSE 15 PERSPECTIVE
APPOINTMENTS THAT THEY HAVE. I WOULDN'T ASSUME THAT, I THINK THEY
WOULD INCLUDE THE MINORITY IN THAT.
MR. GOODELL: THANK YOU VERY MUCH, MADAM --
MRS. PEOPLES-STOKES: YOU'RE VERY WELCOME.
MR. GOODELL: I ALWAYS APPRECIATE THE GRACE --
GRACIOUSNESS OF OUR MAJORITY LEADER, EVEN AT FOUR IN THE MORNING.
AND SO THANK YOU FOR THAT COMMENT, AND I WILL SUPPORT THIS. AGAIN,
THANK YOU SO MUCH.
ACTING SPEAKER AUBRY: THE QUESTION IS DOES
THE -- THIS HOUSE CONCUR WITH THE SENATE ON THE RESOLUTION. ALL THOSE
IN FAVOR SIGNIFY BY SAYING SAY AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
ASSEMBLY RESOLUTION NO. 1074, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 1074, RULES
AT THE REQUEST OF MR. HEASTIE. ASSEMBLY RESOLUTION AMENDING
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NYS ASSEMBLY JUNE 3, 2022
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 2008-09 STATE
FISCAL YEAR AND IN PART QQ OF CHAPTER 57 OF THE LAWS OF 2008.
ACTING SPEAKER AUBRY: THE CLERK WILL READ
-- THE CLERK WILL RECORD THE VOTE ON ASSEMBLY RESOLUTION 1074. 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 WILL READ, RESOLUTION NO. 1075.
THE CLERK: ASSEMBLY RESOLUTION NO. 1075, RULES
AT THE REQUEST OF MR. HEASTIE. ASSEMBLY RESOLUTION ESTABLISHING A
PLAN SETTING FORTH AN ITEMIZED LIST OF GRANTEES FOR A CERTAIN
APPROPRIATION FOR THE 2022-23 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 AND MENTAL HEALTH PROGRAMS AND PROVIDERS, PUBLIC PARKS AND
RECREATIONAL PROGRAMS, VETERANS' ORGANIZATIONS SERVICES, OLDER ADULTS
PROGRAMS, VARIOUS NOT-FOR-PROFIT ENTITIES, AND EDWARD BYRNE MEMORIAL
GRANTS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY JUNE 3, 2022
THE VOTE ON ASSEMBLY RESOLUTION 1075. 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.
PAGE 4, RULES REPORT NO. 677.
THE CLERK: ASSEMBLY NO. A03403-B, RULES
REPORT NO. 677, STIRPE, ENGLEBRIGHT, MCDONALD, HEVESI, SILLITTI, GALEF,
TAYLOR, ABBATE, WOERNER, SIMON, STERN, ZINERMAN, LUPARDO,
ZEBROWSKI. AN ACT TO AMEND THE ELDER LAW, IN RELATION TO CREATING THE
OFFICE OF OLDER ADULT WORKFORCE DEVELOPMENT WITHIN THE OFFICE FOR
THE AGING.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
STIRPE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 555-C. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 3, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04139, RULES REPORT
NO. 678, ABINANTI, SMITH. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO STATE LIABILITY FOR DEFECTS IN HIGHWAYS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04386-B, RULES
REPORT NO. 679, O'DONNELL, EPSTEIN, DICKENS, COLTON, GOTTFRIED,
GLICK, THIELE, ABINANTI, LAWLER, OTIS, ZEBROWSKI, STERN, ENGLEBRIGHT,
CARROLL, LUPARDO. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION
TO REQUIRING THE CONSTRUCTION OF CERTAIN PARKING FACILITIES TO BE CAPABLE
OF SUPPORTING ELECTRONIC VEHICLE CHARGING STATIONS.
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 23-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. A04460-A, RULES
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NYS ASSEMBLY JUNE 3, 2022
REPORT NO. 680, ABBATE, ENGLEBRIGHT, DINOWITZ, PHEFFER AMATO,
DESTEFANO, COLTON, GALEF, JEAN-PIERRE. AN ACT TO AMEND THE
RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO TRANSFER OF
RETIREMENT MEMBERSHIP FOR CERTAIN EMPLOYEES OF SUNY WITHIN THE
PROFESSIONAL, SCIENTIFIC AND TECHNICAL BARGAINING UNIT.
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 8959. 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. A06300-A, RULES
REPORT NO. 682, GALEF, PAULIN, LAVINE, GOTTFRIED, L. ROSENTHAL,
HYNDMAN, SIMON, DICKENS, EPSTEIN, J. RIVERA, CRUZ, FERNANDEZ,
SILLITTI, MCDONALD, GONZÁLEZ-ROJAS, GALLAGHER, JACOBSON, BURDICK,
MAGNARELLI. AN ACT TO AMEND THE DOMESTIC RELATIONS LAW AND THE
EXECUTIVE LAW, IN RELATION TO DESIGNATING LAY INDIVIDUALS TO SOLEMNIZE
MARRIAGES.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
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NYS ASSEMBLY JUNE 3, 2022
GALEF, 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 739-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. DINOWITZ TO EXPLAIN HIS VOTE.
MR. DINOWITZ: TO EXPLAIN MY VOTE. I'M NOT -- I'M
NOT NECESSARILY A BIG FAN OF THE BILL, BUT I'M A HUGE FAN OF THE SPONSOR.
AND I THINK -- I THINK WE KNOW THAT SANDY GALEF SERVED 30 YEARS IN THE
NEW YORK STATE ASSEMBLY, AND THAT'S A PRETTY BIG ACHIEVEMENT. AND
SHE SERVED 13 YEARS, I BELIEVE, AS A COUNTY LEGISLATOR BEFORE THEN; 43
YEARS AS AN ELECTED OFFICIAL, WOW. I MEAN, IT'S NOT GOTTFRIED, BUT IT'S
PRETTY DAMN GOOD.
(LAUGHTER)
AND WHEN I CAME HERE, YOU WERE ALREADY HERE WHEN I
CAME HERE AND I JUST WANT TO SAY THAT YOU'VE BEEN TERRIFIC. I LEARNED A
LOT. AND YOU GOT A LOT OF STUFF DONE, AND YOU DIDN'T DO IT BY YELLING AND
SCREAMING, YOU DID IT WITH DIGNITY, WITH GRACE, AND YOU WERE VERY
EFFECTIVE ALL THESE YEARS. SO I THINK THAT ALL THE PEOPLE OF THE STATE OF
NEW YORK OWE YOU A TREMENDOUS DEBT OF GRATITUDE FOR YOUR GREAT
SERVICE TO THE ASSEMBLY AND TO THE PEOPLE OF NEW YORK. SO SANDY,
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NYS ASSEMBLY JUNE 3, 2022
THANK YOU SO MUCH.
(APPLAUSE)
ACTING SPEAKER AUBRY: NOT TO BE OUTDONE,
SANDY WILL NOT GIVE YOU THE LAST WORDS. SANDY GALEF.
MRS. GALEF: ANYWAY, I JUST -- FIRST OF ALL, THANK
YOU VERY MUCH ON BEHALF OF THIS BILL. AND IT STARTED IN 2006 SO FOR
THOSE OF YOU THINK THAT EVERYTHING HAPPENS HERE QUICKLY, IT DOESN'T
ALWAYS NECESSARILY HAPPEN THAT WAY. SO IT'S GREAT TO HAVE THIS AS MY
LAST BILL. BUT I JUST WANT TO THANK ALL OF YOU. IT'S, YOU KNOW, I WAS
THINKING TODAY, I'M SITTING HERE AND I'M THINKING WE LIVE IN A
DEMOCRACY, WE LIVE IN A GREAT STATE, WE LIVE IN A GREAT COUNTRY. WE
HAVE A DEBATE FOR 17 HOURS TODAY. I MEAN, IT'S INCREDIBLE. EVERYBODY
WAS BASICALLY KIND AND GENTLE TO ONE ANOTHER. I MEAN, THAT SAYS A LOT
FOR OUR LEGISLATIVE BODY.
AND ALL OF MY COLLEAGUES, YOU KNOW, I REALLY HAVE
ENJOYED AND LOVED BEING WITH ALL OF YOU. YOU ALL LEARN FROM EACH
OTHER. AND WHEN I THINK ABOUT WHEN I CAME UP HERE, I ACTUALLY DIDN'T
KNOW A LOT ABOUT NEW YORK CITY ISSUES, I DIDN'T KNOW A LOT ABOUT RURAL
ISSUES AND FARM ISSUES. I KNEW WESTCHESTER ISSUES, SO I KEPT LEARNING.
BUFFALO ISSUES. YOU KNOW, OUR WHOLE STATE IS SO FANTASTIC, AND I THINK
WE'RE HERE TO ALL LEARN FROM ONE ANOTHER. AND I THINK WE'VE LEARNED
ABOUT DIVERSITY, WHICH HAS BEEN SO IMPORTANT. WE HAVE GREAT STAFF
HERE ON ALL SIDES AND THEY HAVE HELPED US AND MADE US LOOK GOOD,
WHETHER IT'S THE PHOTOGRAPHER, WHETHER, YOU KNOW, IT'S STAFF HELPING US
WITH OUR BILLS SO WE CAN GO OUT AND TOUT ALL THE GOOD THINGS THAT WE
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DID, THE COMMUNICATION, WE'RE JUST SO FORTUNATE TO HAVE HAD THIS
EXPERIENCE.
SO I'VE ENJOYED 30 YEARS, NOT ALWAYS IN THE HOLIDAY
INN EXPRESS, OR WHATEVER, OF COURSE SLEEPING. WELL, WE'RE GOING TO
HAVE MAYBE A BED TONIGHT, I DON'T KNOW, THE BROWN COUCH OR, YOU
KNOW, A HOTEL ROOM BUT, YOU KNOW, IT'S JUST -- IT'S BEEN A PLEASURE. SO I
JUST WANT TO THANK YOU FOR YOUR FRIENDSHIP, AND MAY IT ALWAYS CONTINUE.
AND YOU'LL START WITH THE NEW PEOPLE COMING IN AND MAY THEY HAVE JUST
AS MUCH JOY AS WE HAVE ALL HAD AND EXPERIENCED IN THE ASSEMBLY. SO
THANK YOU VERY MUCH.
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER, ON THE BILL. I
THINK THERE HAVE BEEN OTHER ITERATIONS OF THIS BILL AND ATTEMPTS TO DRAG
US INTO THE DUBIOUS HONOR OF MARRYING PEOPLE, BUT I FIGURE WITH THE
DIVORCE RATE, YOU KNOW, IT'S A 50/50 CHANCE WHETHER PEOPLE ARE GOING
TO APPRECIATE IT OR NOT. SO I NEVER REALLY LIKED THE IDEA OF THE BILL, BUT
THE ONE THING I HAVE TO SAY ABOUT SANDY GALEF IS THAT SHE JUST HAS THE
MOST IRREPRESSIBLE SENSE OF ENERGY AND EBULLIENCE ABOUT ENJOYING BEING
HERE AND ENJOYING THE EXPERIENCE AND DOING THINGS WITH GREAT APLOMB.
AND IT'S BEEN A PLEASURE TO SERVE WITH YOU. I CAME IN JUST, I THINK, IN
THE CLASS AFTER ME AND YOU JUST HAVE HAD SUCH STYLE AND GRACE. IT'S BEEN
WONDERFUL TO SERVE WITH YOU AND I WISH YOU THE VERY, VERY BEST.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. CAHILL.
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NYS ASSEMBLY JUNE 3, 2022
MR. CAHILL: THANK YOU, MR. SPEAKER, ON THE BILL.
LIKE MY COLLEAGUES BEFORE ME, I DON'T LIKE THE BILL. I DO LIKE THE
SPONSOR. I'LL VOTE FOR IT ANYWAY.
(LAUGHTER)
I HAD THE HONOR IN 1992 OF GETTING ELECTED TO THIS
BODY AT THE SAME TIME AS SANDY AND, AT THE TIME, ONE OF THE LARGEST
CLASSES SINCE THE DEMOCRATS TOOK OVER THE ASSEMBLY. AND IT WAS A
GREAT CLASS, BOTH THE DEMOCRATS AND REPUBLICANS. WE ALL HAD A BOND
THROUGHOUT OUR ENTIRE TENURE, EXCEPT FOR THE FOUR YEARS THAT THE VOTERS
ASKED ME NOT TO BE HERE.
(LAUGHTER)
BUT FOR THE REST OF THAT TIME, WE WERE ALL VERY CLOSE.
AND I WILL ALWAYS REMEMBER THAT OUR CLASS HAD A PARTICULARLY UNIQUE
FASCINATION WITH THE REAL PROPERTY TAX COMMITTEE. I REMEMBER
SPEAKER SAUL WEPRIN AT THE TIME WAS JUST -- HAD A STUNNED LOOK ON HIS
FACE WHEN MORE THAN NONE OF US WENT INTO HIS OFFICE AND SAID, CAN WE
SERVE ON THE REAL PROPERTY TAX COMMITTEE. AND I ENDED UP BEING ON
IT WITH JAKE AND, ULTIMATELY, SANDY BECAME THE LEADER OF THAT
COMMITTEE FOR LIFE. I MEAN, YOU RAN THE COMMITTEE AND YOU TOOK ON
THOSE ISSUES. THOSE ARE THE ISSUES THAT MATTERED WHEN WE TOOK OFFICE.
SO FASCINATED WERE THE TWO OF US WITH THE REAL
PROPERTY TAX COMMITTEE THAT ONE -- I HAD A BILL, WE ALL HAVE A BILL, BUT
I HAD A BILL THAT SANDY LIKED A LOT AND SHE SAID, WOULD YOU COME TO MY
DISTRICT AND TALK ABOUT YOUR BILL? WE'LL GATHER SOME PEOPLE AT THE
LIBRARY. AND I SAID SURE. AND IT WAS ONE OF THOSE WINTER/SPRING NIGHTS
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NYS ASSEMBLY JUNE 3, 2022
AND WE GET DOWN TO THE -- I GET DOWN TO WESTCHESTER COUNTY AND
THERE'S AN ICE STORM. AND I FIGURED IT WAS GOING TO BE SANDY AND ME IN
THE LIBRARY FOR TWO HOURS, BUT SHE HAD A CROWD. WE HAD A CROWD THAT
WAS OVERFLOWED INTO THE NEXT ROOM. AND IT WAS -- IT WAS A TESTIMONY
TO SANDY, NOT TO THE ISSUE, BECAUSE I THINK THEY FOLLOWED YOU
EVERYWHERE, SANDY. I REMEMBER LEAVING THAT NIGHT AND THE WORDS I
USED TO DESCRIBE THE NIGHT WERE NOT GOOD. I TAKE THEM ALL BACK NOW AS
I TRIED TO CLIMB THE HILL IN THE ICE LEAVING THE LIBRARY.
BUT I WILL ALWAYS, ALWAYS REMEMBER ANOTHER ASPECT OF
SANDY GALEF'S TENURE, AND OUR COLLEAGUES ON THE REPUBLICAN SIDE MAY
NOT HAVE HAD BEEN TREATED TO THIS SO MANY TIMES, BUT IN OUR DEMOCRATIC
CONFERENCES, SANDY WAS FAMOUS FOR REVEALING TO OUR MEMBERSHIP THE
POLL THAT SHE TOOK OF HER MEMBERS -- OF HER CONSTITUENTS AND HOW HER
CONSTITUENTS FELT ABOUT AN ISSUE. AND, YOU KNOW, OH, WELL, MR.
SPEAKER, I DON'T KNOW HOW I'M GOING TO VOTE ON THE DEATH PENALTY
BECAUSE MY CONSTITUENCY IS EXACTLY EVENLY DIVIDED. I'M MAKING THAT
ONE UP, BY THE WAY. BUT EVERY DAY SANDY -- EVERY ONCE IN A WHILE
SANDY WOULD COME INTO THE CONFERENCE AND TELL US THAT MAYBE WE
SHOULD BE INFORMED BY THE VOTERS.
I REMEMBER ANOTHER COLLEAGUE WHO IS NO LONGER WITH
US WHO ONCE SAID, DON'T BE FOOLED BY WHAT PEOPLE SAY THEY ARE WHEN
THEY GET ELECTED. PEOPLE WILL TELL YOU THEY WERE ELECTED AS REFORMERS,
BUT THAT'S JUST HOW THEY WERE ELECTED. SANDY GALEF IS THE REAL THING.
SHE'S THE REAL DEAL. SHE CAME HERE AS A REFORMER AND SHE STAYED FOR
HER ENTIRE TENURE AS A REFORMER. AND COINCIDENTLY, I HAPPENED TO CATCH
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ONE OF HER POLLS RECENTLY. AND SANDY, I LOOKED AT A RECENT POLL OF YOUR
DISTRICT AND 100 PERCENT OF YOUR VOTERS ARE APPRECIATIVE OF YOUR
SERVICE, AND SO ARE 100 PERCENT OF YOUR COLLEAGUES. THANK YOU FOR
YOUR TIME.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. IN A
MOMENT, I'LL ANNOUNCE EXCEPTIONS, BUT RIGHT NOW I JUST WANTED TO TALK
ABOUT AN EXCEPTIONAL PERSON. WHEN I GOT UP HERE, YOU KNOW, THERE'S SO
MANY NEW THINGS YOU'RE SEEING AND YOU'RE IMPRESSED WITH THE
ARCHITECTURE AND WHATNOT, AND I WAS WALKING THE HALLS AND I SAW SANDY
GALEF AND I THOUGHT, WOW, HERE'S SOMEONE THAT I WANT TO BE AROUND NOT
JUST BECAUSE OF HER SMILE AND HER PERSONALITY, WHICH IS GREAT, THANK
YOU, SANDY, FOR THAT GREAT GIFT TO US, BUT SHE WAS THE PRESIDENT OF THE
NEW YORK STATE ASSOCIATION OF COUNTIES WHEN I WAS A LITTLE BIT
YOUNGER AND BEFORE SHE CAME. AND SO WHEN I SAW SANDY I THOUGHT,
WOW, THERE ARE SOME REALLY IMPORTANT PEOPLE UP HERE, WHAT AN HONOR IT
IS FOR US TO BE HERE WITH THEM, JUST TO BE WITH THEM. LATER I SAW THIS
TALL, THIN STERN GUY STANDING UP THERE ON THE PODIUM, I DIDN'T KNOW
QUITE WHO HE WAS, BUT I FOUND OUT HE WAS THE SPEAKER AND, YOU KNOW,
HE MAY HAVE BEEN THE SPEAKER, BUT HE WASN'T SANDY.
SANDY, THANK YOU FOR ALL THE BLESSINGS YOU HAVE GIVEN
US, THANKS FOR YOUR SMILE, YOUR OUTGOING PERSONALITY. IT'S BEEN A REAL
BLESSING. THANK YOU.
(APPLAUSE)
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: OH, YOU CAN SNEAK IN
AN EXCEPTION OR TWO.
MR. GOODELL: YES. AND ALL MY COLLEAGUES WHO
LOVE SANDY, NEVERTHELESS, NEED TO BE RECORDED IN THE NEGATIVE ON THIS
BILL.
(LAUGHTER)
ACTING SPEAKER AUBRY: YOU DIDN'T LEARN
MUCH.
MR. GOODELL: MR. BYRNE, MR. GANDOLFO, MR.
NORRIS, AND MR. RA WHO ALSO SEND THEIR BEST TO YOU.
ACTING SPEAKER AUBRY: SO NOTED.
MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I WILL BE
VERY BRIEF. BUT THE BREVITY OF MY REMARKS DOES REFLECT THE DEPTH OF MY
FEELINGS AND MY AFFECTION FOR SANDY GALEF. I WAS ELECTED IN NOVEMBER
OF 1991 TO THE WESTCHESTER COUNTY LEGISLATURE, SO I STARTED SERVING
JANUARY 1, 1992. AND ONE OF MY BIGGEST DISAPPOINTMENTS WAS A FEW
MONTHS LATER, SANDY GALEF WAS ELECTED TO THE ASSEMBLY AND LEFT ME AT
THE BOARD OF LEGISLATORS. AND I MISSED HER EVEN THOUGH I ONLY HAD A
CHANCE TO SERVE WITH HER FOR A VERY SHORT PERIOD OF TIME. I MISSED HER
EVERY -- FROM THEN ON. AND I KNOW I'M GOING TO MISS HER VERY MUCH
HERE. WE HAVE BECOME VERY GOOD FRIENDS OVER THE YEARS. I HAVE
WORKED WITH HER, I'VE WORKED WITH HER HUSBAND. SOME OF THE THINGS
THAT SHE ACCOMPLISHED IN WESTCHESTER AS A COUNTY LEGISLATOR AND AS AN
ASSEMBLYWOMAN REALLY MADE THE LIFE OF PEOPLE IN WESTCHESTER SO
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NYS ASSEMBLY JUNE 3, 2022
MUCH BETTER. SHE'S ONE OF THE NICEST PEOPLE I HAVE EVER MET, AND SHE'S
NEVER LOST HER LEAGUE OF WOMEN VOTERS APPROACH TO GOVERNMENT.
(LAUGHTER)
THANK YOU, SANDY, FOR EVERYTHING YOU HAVE DONE AND
POINTING ME IN THE RIGHT DIRECTION AND HELPING SO MUCH. THANK YOU.
WE'RE GOING TO MISS YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. GOTTFRIED.
MR. GOTTFRIED: MR. SPEAKER, MR. CAHILL REFERRED
TO SANDY AS A REFORMER, AND I JUST WANT TO MENTION A COUPLE OF REFORMS
IN OUR WORK HERE THAT SANDY WAS A PERSISTENT, PERSISTENT ADVOCATE FOR
AND -- AND LARGELY RESPONSIBLE FOR MAKING HAPPEN. ONE IS THE
MOVEMENT AWAY FROM PAPER BILLS TO ELECTRONIC BILLS. NOW, MOST
MEMBERS HERE NEVER REMEMBER THE FACT -- NEVER WERE HERE WHEN ON
OUR DESKS WAS A BIG, THICK LOOSE LEAF BINDER OF BILLS THAT WERE ON THE
CALENDAR. AND IF YOU LOOK UNDER OUR DESKS, YOU SEE A SHELF. WHY IS
THERE A SHELF THERE? BECAUSE THAT WAS WHERE PAPER COPIES OF BILLS
WOULD PILE UP. THEY WERE STITCHED TOGETHER WITH, LIKE, SHOELACES, BUT
THEY GOT TO BE, LIKE, TWO STACKS OF TWO FEET HIGH PILES OF BILLS BECAUSE
UNDER THE CONSTITUTION, BILLS HAD TO BE ON OUR DESKS. AND WE DON'T DO
THAT ANYMORE, AND THAT'S LARGELY THANKS TO SANDY'S PERSISTENCE.
THE OTHER IS THE FACT THAT FROM THE FIRST YEAR OF A
TWO-YEAR SESSION TO THE SECOND ONE, IF BILLS HAVE PASSED THE ASSEMBLY
BUT DIDN'T PASS THE SENATE, THEY COME BACK ON THE CALENDAR INSTEAD OF
HAVING TO GO BACK TO COMMITTEE. AND IF BILLS MOVE THROUGH THE
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NYS ASSEMBLY JUNE 3, 2022
COMMITTEE PROCESS IN THE FIRST YEAR OF THE TWO-YEAR SESSION, THEY STAY
THERE AND START THERE FRESH IN THE SECOND YEAR OF THE SESSION, WHICH HAS
MADE OUR LIVES A WHOLE LOT EASIER. THAT SET OF REFORMS IS ALSO DUE --
DUE TO SANDY GALEF'S PERSISTENT ADVOCACY.
SO SHE HAS MADE OUR WORK ENVIRONMENTALLY MORE
FRIENDLY, BUT ALSO JUST A WHOLE LOT EASIER AND MORE PRODUCTIVE THAN IT
WOULD OTHERWISE HAVE BEEN. SO THANK YOU, SANDY, FOR THAT, AND FOR SO
MUCH MORE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. FITZPATRICK.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER.
SANDY, I JUST WANT TO ADD MY THANK YOU TO YOU FOR YOUR FRIENDSHIP AND
EVERYTHING THAT YOU HAVE DONE. YOU KNOW, WHEN YOU'RE -- THOSE OF US
WHO ARE HERE A FEW YEARS, AFTER A FEW YEARS YOU REALLY, YOU KNOW, FEEL
PART OF THE INSTITUTION AND THIS INSTITUTION BECOME A PART OF YOU. AND
ONE OF THE THINGS I ENJOY IS, YOU KNOW, THE TIMES THAT I'VE BEEN PART OF
THE DINNER GROUP AND GONE OUT TO DINNER WITH YOU, THE TRAVELING THAT
WE'VE DONE, WE'VE ALWAYS HAD A GOOD TIME WITH THAT. BUT YOU'RE THE
EPITOME OF STYLE, GRACE, AND JUST KINDNESS AND I JUST WANT TO THANK YOU
FOR YOUR FRIENDSHIP, THANK YOU FOR YOUR SERVICE. WESTCHESTER AND WE IN
THE ASSEMBLY ARE LOSING A GREAT LEGISLATOR AND, YOU KNOW -- BUT WE'LL
ALWAYS BE FRIENDS. AND BUT -- AND YES, WE'RE GOING TO ITALY ONE MORE
TRIP. SO -- BUT THANK YOU VERY MUCH FOR EVERYTHING AND YOU'RE ONE OF
THE REASONS THIS IS A GREAT PLACE TO WORK AND GREAT PLACE TO COME TO
EACH WEEK. THANK YOU.
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NYS ASSEMBLY JUNE 3, 2022
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. SANDY GALEF WILL
ALWAYS HAVE A SPECIAL PLACE TO ME AND MY SERVICE HERE BECAUSE, YOU
KNOW, WHEN I GOT HERE I WAS ALWAYS SCARED TO TALK ON ANYTHING, AND
SANDY HAD THIS BILL FOR YEARS ABOUT COPYRIGHT AND THINGS IN TERMS THAT
WE WOULD GO THROUGH WITH SUNSHINE WEEK EVERY YEAR. IN THE LAST FEW
YEARS, MARY BETH WALSH HAS TAKEN OVER DEBATING IT FOR ME, BUT I HAVE
AN LLM IN INTELLECTUAL PROPERTY LAW AND SO IT WAS THE FIRST TIME, YEARS
AGO, I WAS ACTUALLY COMFORTABLE SPEAKING ON A BILL AND I'LL ALWAYS
REMEMBER SANDY FOR THAT. AND WE'VE HAD CONVERSATIONS ABOUT TRYING
TO IMPROVE THE BILL AND ALL OF THAT OVER THE YEARS, BUT MORE THAN THAT,
IT'S JUST, SANDY'S BEEN A COLLEAGUE, A FRIEND, SOMEBODY YOU CAN TALK TO.
AND CERTAINLY LIKE ALL OF MY OTHER COLLEAGUES HERE HAVE SAID, YOU
KNOW, YOU GO THROUGH YEARS AND YEARS HERE AND THEN YOU JUST -- WE GET
TO KNOW EACH OTHER, WE GET TO KNOW EACH OTHER'S FAMILIES, WE SEE
FAMILY MEMBERS VISITING, WE, YOU KNOW, LIFE MILESTONES, ALL OF IT. AND
SANDY, I JUST WISH YOU AND YOUR FAMILY WELL. JUST LIKE YEARS AGO WHEN
I FIRST STARTED WHEN I WAS MAYBE ONE OF MAYBE A HANDFUL OF NO VOTES
ON THAT COPYRIGHT BILL AND THEN SLOWLY I GOT MY WHOLE CONFERENCE ON
BOARD, I'M GOING TO BE VOTING IN THE NEGATIVE ON THIS BILL --
(LAUGHTER)
-- BUT I WISH YOU ALL THE BEST IN RETIREMENT, AND IT'S
BEEN AN HONOR AND A PRIVILEGE TO SERVE HERE WITH YOU.
(APPLAUSE)
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: MS. PAULIN.
MS. PAULIN: THANK YOU, MR. SPEAKER. IT'S VERY
DIFFICULT FOR ME TO -- TO SPEAK ABOUT SANDY LEAVING, GRADUATING,
RETIRING, BECAUSE SHE HAS -- BECAUSE SHE'S JUST MEANT SO MUCH TO ME. I
-- I FEEL LIKE THE -- YOU KNOW, WHEN I FIRST CAME, I REPLACED SOMEONE
WHO HAD BEEN SANDY'S MENTOR AND HELPED SANDY LEARN ABOUT THIS -- NOT
THIS PLACE, THEY CAME IN TOGETHER, BUT JUST LEARN ABOUT LIFE IN POLITICS.
AND I THINK THAT SHE THEN SAW ME AS SOMEONE SHE FELT OBLIGATED TO HELP
IN THE SAME WAY THAT AUDREY HAD HELPED HER. AND WHAT SHE HAS GIVEN
ME IS CONFIDENCE, SHE'S GIVEN ME LOVE AND SUPPORT. I'VE WATCHED
SOMEONE WHO HAS HAD MORE INTEGRITY IN THE WAY SHE VOTES, IN THE WAY
SHE ACTS, IN THE WAY SHE TREATS PEOPLE. AND I -- AND WHAT I AM GOING TO
TAKE FROM SANDY IS HOPEFULLY GIVING THAT TO -- TO OTHERS HERE. YOU
KNOW, I -- I LOOK AT THE NEW YOUNG WOMEN WHO HAVE COME IN AND IT'S
BECAUSE OF SANDY THAT I FEEL THAT I CAN NOW GIVE SOMETHING TO THEM
BECAUSE OF WHAT SHE'S BEEN ABLE TO GIVE TO ME.
SO I JUST WANT TO TELL HER I'M GOING TO MISS HER AND I
JUST APPRECIATE EVERYTHING THAT SHE'S BEEN TO THE ASSEMBLY AND TO ME
PERSONALLY. THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. -- MR. OTIS.
MR. OTIS: SANDY HAS BEEN AN ADVOCATE OF GOOD
GOVERNMENT WELL BEFORE SHE GOT HERE, AND THAT'S WELL KNOWN IN
WESTCHESTER. BUT I THINK THERE'S A SPECIAL GIFT THAT SHE GIVES EVERYBODY
HERE, AND YOU ALL KNOW THIS TO BE TRUE, WHICH IS SANDY ALWAYS VIEWED
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NYS ASSEMBLY JUNE 3, 2022
WHAT ANYONE SAID IN THIS CHAMBER WITH THE BEST OF MOTIVES. SHE NEVER
JUDGED WHY SOMEONE TOOK A CERTAIN POSITION. SHE SAW GOODNESS AND
EARNESTNESS AND SINCERITY IN ANYTHING THAT ANYONE SAID IN THIS CHAMBER.
AND SO THAT IS A GIFT OF GENEROSITY THAT I KNOW COMES FROM YOUR HEART,
AND I THINK THAT THAT'S SOMETHING THAT IS A LESSON TO EVERYBODY WHO
SERVES IN GOVERNMENT AND EVERYONE WHO JUST EXISTS IN LIFE TO LOOK AT
PEOPLE IN THE BEST LIGHT. SO THANK YOU, SANDY, AND -- BUT I'LL SEE YOU IN
WESTCHESTER, I KNOW.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. BYRNE.
MR. BYRNE: THANK YOU, MR. SPEAKER. I'VE BEEN
PRIVILEGED TO SERVE IN THIS HOUSE WITH SANDY GALEF FOR ONLY SIX YEARS,
NOT 30, BUT I CAN TELL YOU WHEN I FIRST GOT ELECTED, ONE OF THE PEOPLE
THAT REACHED OUT TO ME WAS SANDY GALEF BECAUSE OUR -- OUR TWO
DISTRICTS ARE ADJACENT TO -- TO ONE ANOTHER. WE'RE THE ONLY TWO STATE
ASSEMBLYMEMBERS TO REPRESENT PUTNAM COUNTY, AND WE ALSO REPRESENT
WESTCHESTER. BUT SHORTLY AFTER MY ELECTION, WE MET AT A DINER, I THINK
IT WAS MOHEGAN DINER IN CORTLANDT AND ASKED ABOUT WHAT COMMITTEES I
WAS GOING TO BE ON, ALWAYS AVAILABLE FOR ADVICE.
AND SOMETHING I'VE ALWAYS BEEN VERY PROUD ABOUT IS
BEING PART OF THE WESTCHESTER DELEGATION. EVEN THOUGH I'M A PUTNAM
RESIDENT, ALL THE MEMBERS OF THE WESTCHESTER DELEGATION MEET TOGETHER,
THEY BRAINSTORM THINGS, THEY MEET WITH VARIOUS GROUPS TOGETHER. I HAVE
ALWAYS BEEN INCLUDED, AND SANDY WAS A BIG PART OF THAT, MAKING THOSE
EARLY INTRODUCTIONS. WE ALSO REPRESENT SOME SCHOOL DISTRICTS TOGETHER,
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NYS ASSEMBLY JUNE 3, 2022
AND THE PREVIOUS ITERATIONS OF THE LEGISLATIVE DISTRICT I NOW HOLD USED TO
HAVE PUTNAM VALLEY IN SANDY'S DISTRICT. AND I CAN TELL YOU AS SOMEONE
WHO CAME IN AND STARTED SERVING PUTNAM VALLEY, PEOPLE STILL LOVE
SANDY GALEF THERE. THEY STILL LOVE HER IN LAKE PEEKSKILL AND ROARING
BROOK LAKE. THEY KNOW YOU, SANDY, FOR ALL THE GOOD WORK THAT YOU'VE
DONE. AND I CAN'T SAY THAT I'M GOING TO MISS YOU HERE BECAUSE I'M NOT
GOING TO BE HERE EITHER, BUT WHAT I CAN TELL YOU IS I KNOW OUR
COLLEAGUES ARE AND THE PEOPLE OF PUTNAM COUNTY ARE DEFINITELY GOING
TO MISS YOU. SO THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: THANK YOU.
MR. -- MR. LAWLER.
MR. LAWLER: I WILL BE BRIEF, BUT TO SAY THAT
SANDY'S REPUTATION ALWAYS PRECEDED HER, AND THE COMMENTS HERE TODAY
ALL RING TRUE. AND THOUGH I HAVE ONLY SERVED WITH YOU FOR A
YEAR-AND-A-HALF, HAVING SERVED IN WESTCHESTER COUNTY GOVERNMENT,
YOU ALWAYS EARNED THE RESPECT AND ADMIRATION OF REPUBLICANS AND
DEMOCRATS ALIKE. LIVING IN ROCKLAND AND, YOU KNOW, BEING IN THE
SAME MEDIA COVERAGE, YOU EARNED THE RESPECT OF REPORTERS. YOU
EARNED THE RESPECT OF THE PUBLIC. AND YOU EVEN EARNED THE RESPECT OF
TAX ASSESSORS FOR -- FOR ALL OF YOUR EFFORTS ON THE REAL PROPERTY TAX
COMMITTEE AND KEEPING EVERYBODY IN LINE AND MAKING SURE THAT THEY --
THEY HAD THEIR DOCUMENTS IN -- IN ORDER.
BUT I THINK MORE THAN ANYTHING, YOU HAVE EARNED THE
RESPECT OF NOT JUST THE MEMBERS IN THIS BODY, PAST AND PRESENT, BUT THE
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PEOPLE OF THE STATE OF NEW YORK. THEY OWE YOU A DEBT OF GRATITUDE
AND WE THANK YOU FOR YOUR SERVICE.
(APPLAUSE)
ACTING SPEAKER AUBRY: SANDY, THE FOLKS ON
THE 6TH FLOOR ARE GOING TO MISS YOU GREATLY. YOU KNOW, YOU STAYED
WITH US DOWN -- WHEN -- WHEN I THINK OF YOU, I ALWAYS THINK OF LOVE
BECAUSE I'VE SEEN YOU GIVE THAT LOVE OVER THE 30 YEARS THAT WE'VE BEEN
HERE TOGETHER. IN ALL KINDS OF WAYS, IN SMALL WAYS, MAYBE NOT THE
GRANDEST, BIG, BUT IN SMALL WAYS YOU'VE PASSED IT ON TO ALL KINDS OF
FOLKS. AND I KNOW YOU'VE DONE THAT TO YOUR COMMUNITY. AND -- BUT
MORE THAN THAT, YOU'VE DONE IT FOR US AND I APPRECIATE THAT AND ENJOY IT,
AND WE WILL MISS IT. BUT WE THINK YOU'LL STILL LOVE US EVEN WHEN YOU'RE
AWAY FROM US. THANK YOU SO VERY MUCH.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. BEFORE I LIST OUR EXCEPTIONS TO MRS. GALEF'S BILL, I WILL SAY
THAT IT'S BEEN AN HONOR TO WORK WITH HER, AS WELL. WHEN I BECAME
CHAIR OF THE GOVERNMENT OPERATIONS COMMITTEE, SHE'S PROBABLY THE
ONLY PERSON I'VE EVER BEEN AFRAID TO DEAL WITH, AND MOSTLY BECAUSE SHE
HAD SO MANY PIECES OF LEGISLATION THAT PREVIOUS CHAIRS OF THE
COMMITTEE WOULD NOT ALLOW TO GET THROUGH COMMITTEE. AND I WAS
LIKE, OKAY, SHE GONNA GET TO ME, I KNOW SHE IS. BUT SHE DIDN'T. SHE
DIDN'T.
AND WHEN I HAD THE OPPORTUNITY TO TRY AND STOP THE
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NYS ASSEMBLY JUNE 3, 2022
ENCROACHMENT ON THE PROPERTY TAXES OF MY PEOPLE WHO LIVED IN THE
FRUIT BELT DISTRICT AROUND THE MEDICAL CORRIDOR, WE WANTED TO PUT A
CAP ON PROPERTY TAXES FOR SENIORS. SHE WAS LIKE, OH, NO, WE CAN'T DO
THAT, THAT DOESN'T WORK. HER STAFF WAS TELLING ME IT WASN'T POSSIBLE.
AND SOME OF US, WE CAN HEAR NO BUT WE DON'T REALLY LIKE NO. AND SO
WE HAD TO KEEP PUSHING FOR IT AND EVENTUALLY SHE GOT IT, SHE WAS LIKE,
YEAH, I SEE WHAT YOU MEAN BECAUSE IF WE DON'T DO THAT, THESE PEOPLE
WHO HAVE LIVED HERE GENERATIONALLY WHILE A MEDICAL CAMPUS IS
GROWING AROUND THEM, WILL BE PUSHED OUT OF THEIR NEIGHBORHOOD.
WELL, THANKS TO SANDY, MY SENIORS IN THE FRUIT BELT STILL LIVE IN THE
FRUIT BELT, AND THEY'RE GOING TO BE ABLE TO PASS THAT PROPERTY ON TO THEIR
GENERATION, THE GENERATIONS THAT COME AFTER THEM.
SO I APPRECIATE YOU FOR HELPING ME UNDERSTAND HOW
THE TAX SYSTEM WORKS, WHAT YOU CAN DO AND WHAT YOU CAN'T DO, BECAUSE
THERE ARE SOME LAWS IN PLACE THAT PROHIBIT THESE THINGS FROM
HAPPENING. THANK GOD IT WAS NOT THE CASE IN THE STATE OF NEW YORK.
AND I APPRECIATE YOUR SERVICE AND THANK YOU VERY MUCH FOR HELPING
ME LEARN TO UNDERSTAND THAT YOU DON'T HAVE TO ACCEPT NO AND NOT TO BE
AFRAID AND CONCERNED ABOUT PEOPLE WHO HAVE A DIFFERENT IDEA THAN YOU
DO AND NOT BE WORRIED THAT THEY'RE GOING TO TRY TO PUSH IT ON YOU EVEN
THOUGH YOU DON'T LIKE IT. I APPRECIATE YOU. THANK YOU VERY MUCH.
(APPLAUSE)
HOWEVER, EVERYBODY LOVES YOU, BUT EVERYBODY
DOESN'T LOVE THIS BILL --
(LAUGHTER)
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NYS ASSEMBLY JUNE 3, 2022
-- SO WE'RE GOING TO HAVE MS. WEINSTEIN AS AN
EXCEPTION TO THIS ONE, MR. SPEAKER.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE GALEF BILL IS PASSED.
(APPLAUSE)
I BELIEVE WE'RE AT RULES REPORT NO. 683, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A06363-C, RULES
REPORT NO. 683, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE
"MSGT THOMAS P. MADISON 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 6551-D. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 3, 2022
THE CLERK: ASSEMBLY NO. A06368-B, RULES
REPORT NO. 684, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM IN THE
TOWN OF HOLLAND AS THE "KALINOWSKI BROTHERS 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.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6544-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. DIPIETRO.
MR. DIPIETRO: JUST REAL QUICKLY ON THE BILL, MR.
SPEAKER. THIS IS ACTUALLY FIVE BROTHERS. WE'RE HONORING ALL FIVE
BROTHERS WHO HAVE BEEN -- WHO HAVE DIED FROM WORLD WAR II TO THE
KOREAN WAR, TO THE VIETNAM WAR. SO IT'S AN HONOR -- THEY'RE VERY WELL
KNOWN AND IT'S A GREAT HONOR TO HONOR THEM WITH THIS FIVE BROTHERS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED, AND CONGRATULATIONS, MR. DIPIETRO,
AND TO THE BROTHERS.
477
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: ASSEMBLY NO. A06379-B, RULES
REPORT NO. 685, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE
"SPECIALIST PETER J. LORETTO, JR. MEMORIAL BRIDGE."
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 6379-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. DIPIETRO -- OH, MRS. PEOPLES-STOKES. SORRY.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I JUST WANTED TO RISE AND EXPLAIN WHY I WILL SUPPORT THIS
LEGISLATION. I DON'T KNOW THESE GENTLEMEN THAT ARE NAMED HERE, BUT I
DO KNOW THAT THE GENTLEMAN THAT'S THE SPONSOR OF IT HAS BEEN ON THE,
SEVERAL OCCASIONS, I WOULD SAY FAIRLY DISRESPECTFUL IN THIS HOUSE IN HIS
MANNER OF SHARING HIS OPINION ON BILLS AND OF LEGISLATION AND IDEAS AND
THOUGHT PROCESSES.
BUT HERE'S AN OPPORTUNITY FOR ME TO TREAT PEOPLE LIKE I
LIKE TO BE TREATED AND NOT LIKE THEY MAY WANT TO TREAT ME. AND SO I'M
HAPPY TO SUPPORT THESE BILLS. I HOPE THAT THESE GENTLEMEN WHO ARE
HAVING A ABILITY TO HAVE A BRIDGE OR A ROAD NAMED AFTER THEM ARE AS
HONORABLE AS THE OPPORTUNITY THEY'RE GETTING TO HAVE THEIR NAME PUT ON
478
NYS ASSEMBLY JUNE 3, 2022
IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07137, RULES REPORT
NO. 686, SMULLEN. AN ACT TO AMEND THE COUNTY LAW, IN RELATION TO THE
FULL-TIME STATUS OF THE DISTRICT ATTORNEY OF HAMILTON COUNTY.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
SMULLEN, 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 2045. 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. A07184-A, RULES
REPORT NO. 688, BURKE, COLTON, SAYEGH, JEAN-PIERRE. AN ACT TO AMEND
THE EDUCATION LAW, IN RELATION TO ALLOWING RETIREES OF THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM WHO SUSPEND THEIR RETIREMENT THE
479
NYS ASSEMBLY JUNE 3, 2022
OPTION OF A BENEFIT RECALCULATION AFTER TWO YEARS OF SERVICE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BURKE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9296. 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. A07231-B, RULES
REPORT NO. 689, DESTEFANO. AN ACT IN RELATION TO AUTHORIZING THE
ASSESSOR OF THE TOWN OF BROOKHAVEN TO ACCEPT AN APPLICATION FOR
EXEMPTION FROM REAL PROPERTY TAXES FROM AL-MUNEER FOUNDATION, INC.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DESTEFANO, 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 4778-B. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
480
NYS ASSEMBLY JUNE 3, 2022
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. A07349-B, RULES
REPORT NO. 690, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM IN THE
TOWN OF AURORA AS THE "SPECIALIST DALE SADOWSKI MEMORIAL BRIDGE."
ACTING SPEAKER AUBRY: ON --
THE CLERK WILL RECORD THE VOTE ON --
READ THE LAST SECTION, I'M SORRY. GETTING TIRED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
(LAUGHTER)
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT A7349-B. THIS 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. A07554-B, RULES
481
NYS ASSEMBLY JUNE 3, 2022
REPORT NO. 691, CAHILL, L. ROSENTHAL, THIELE, STECK. AN ACT DIRECTING
THE DEPARTMENT OF PUBLIC SERVICE TO PREPARE A WRITTEN REPORT ON THE
AFFORDABILITY OF UTILITY SERVICES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CAHILL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5451-C. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07831, RULES REPORT
NO. 693, ANDERSON. AN ACT TO AMEND THE PUBLIC HOUSING LAW, IN
RELATION TO MAKING CERTAIN COMMUNITY CENTERS ELIGIBLE FOR NONPROFIT
INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM AWARDS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ANDERSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
482
NYS ASSEMBLY JUNE 3, 2022
THE VOTE ON SENATE PRINT 3520. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. ANDERSON TO EXPLAIN HIS VOTE.
MR. ANDERSON: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. NOTHING BETTER TO DO THAN BE HERE AT 4:50 IN THE
MORNING ON A SATURDAY TO SUPPORT THIS VERY IMPORTANT PIECE OF
LEGISLATION. THE NEW YORK CITY HOUSING AUTHORITY IS IN CRISIS AND IT'S
REALLY IMPORTANT THAT OUR NON-PROFITS CAN DO WHAT THEY CAN TO STEP IN
AND SUPPORT THE INFRASTRUCTURE, UPGRADES AND CHANGES THAT ARE NEEDED
TO PUBLIC HOUSING AUTHORITY. SO THIS BILL IS A VERY SIMPLE BILL THAT
ALLOWS NON-PROFITS TO BE ABLE TO APPLY FOR THAT FUNDING TO ADDRESS THE
NEEDS OF THE DEVELOPMENT. SO I HOPE THAT MY COLLEAGUES WILL VOTE YES
ON THIS BILL, AND I WILL BE SUPPORTING IT AS WELL. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MR. ANDERSON IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07856-A, RULES
REPORT NO. 694, MANKTELOW. AN ACT TO AMEND THE TAX LAW, IN
RELATION TO AUTHORIZING AN OCCUPANCY TAX IN THE VILLAGE OF WEEDSPORT;
AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION
483
NYS ASSEMBLY JUNE 3, 2022
THEREOF.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7856-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: MR. SPEAKER, IF YOU
WOULD PLEASE RECORD OUR COLLEAGUES MR. BURKE, MR. CONRAD, MS.
MCMAHON, MR. RAMOS, MS. WALLACE, MR. BARNWELL, AND MS.
BUTTENSCHON IN THE NEGATIVE ON THIS PIECE OF LEGISLATION.
ACTING SPEAKER CUSICK: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07873-A, RULES
REPORT NO. 695, ABBATE, PHEFFER AMATO, COLTON. AN ACT TO AMEND THE
RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO AUTOMOTIVE
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM.
ACTING SPEAKER CUSICK: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
484
NYS ASSEMBLY JUNE 3, 2022
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A -- SENATE BILL 6985-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. A07934-A, RULES
REPORT NO. 696, MAMDANI, MITAYNES, FORREST, GALLAGHER, EPSTEIN,
GOTTFRIED, BURGOS, GONZÁLEZ-ROJAS, JACKSON, CRUZ, DAVILA. AN ACT TO
AMEND THE REAL PROPERTY LAW, IN RELATION TO PROHIBITING LANDLORDS,
LESSORS, SUB-LESSORS AND GRANTORS FROM DEMANDING BROKERS' FEES FROM A
TENANT.
ACTING SPEAKER CUSICK: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08025-A, RULES
REPORT NO. 697, HAWLEY. AN ACT GRANTING RETROACTIVE TIER III
MEMBERSHIP IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
SYSTEM TO STEVEN R. GRICE.
ACTING SPEAKER CUSICK: ON A MOTION BY MR.
HAWLEY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
485
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 7240-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08523, RULES REPORT
NO. 699, WALCZYK. AN ACT -- AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE
"CHIEF SAMUEL A. JOHNSON, SR. MEMORIAL BRIDGE."
ACTING SPEAKER CUSICK: ON A MOTION BY MR.
WALCZYK, 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 CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 748 -- 7497. 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'S OFFICE AT THE NUMBERS
PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
486
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08528-A, RULES
REPORT NO. 700, SAYEGH, GONZÁLEZ-ROJAS, MCDONALD, DINOWITZ,
ENGLEBRIGHT, KELLES, DICKENS, GALEF, SIMON, PAULIN, SEAWRIGHT,
GALLAGHER, JACOBSON, MAGNARELLI, SILLITTI, ZINERMAN, GOTTFRIED, DURSO,
BRABENEC, MONTESANO, LAWLER, J. M. GIGLIO, CRUZ, GRIFFIN, COLTON,
DESTEFANO, NORRIS, MCDONOUGH, BYRNE, GUNTHER, MANKTELOW, HEVESI,
ABINANTI, SEPTIMO, MORINELLO, STIRPE, J. D. RIVERA, WALLACE,
JEAN-PIERRE, MCMAHON, REYES, FERNANDEZ, SALKA, PEOPLES-STOKES,
EPSTEIN. AN ACT TO AMEND THE TAX LAW, IN RELATION TO ESTABLISHING THE
DIAPER INITIATIVE AFFORDABILITY FOR PARENTS AND ELDERLY REMEDY
(DIAPER) ACT.
ACTING SPEAKER CUSICK: ON A MOTION BY MR.
SAYEGH, 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 CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 8033-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'S OFFICE AT THE NUMBERS
PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
487
NYS ASSEMBLY JUNE 3, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08605-A, RULES
REPORT NO. 701, MORINELLO. AN ACT TO AMEND CHAPTER 19 OF THE LAWS
OF 1985 CREATING THE VOLUNTEER AND EXEMPT FIREMAN'S BENEVOLENT
ASSOCIATION OF UPPER MOUNTAIN, INC., AND PROVIDING FOR ITS POWERS AND
DUTIES, IN RELATION TO ITS PURPOSE AND THE USE OF FOREIGN FIRE INSURANCE
PREMIUM TAXES.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A8605-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'S OFFICE 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. A08607-B, RULES
REPORT NO. 702, MORINELLO. AN ACT TO AMEND CHAPTER 363 OF THE LAWS
OF 1982 RELATING TO INCORPORATION OF THE VOLUNTEER AND EXEMPT
FIREMEN'S BENEVOLENT ASSOCIATION OF LEWISTON FIRE COMPANY NO. 2,
INC., IN RELATION TO ITS PURPOSE AND THE USE OF FOREIGN FIRE INSURANCE
PREMIUM TAXES.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
488
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A8607-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'S OFFICE 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. A09142, RULES REPORT
NO. 703, O'DONNELL. AN ACT TO AMEND THE PARKS, RECREATION AND
HISTORIC PRESERVATION LAW, IN RELATION TO ESTABLISHING THE STATE PARKS
PASSPORT PROGRAM.
ACTING SPEAKER CUSICK: 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 CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 5031. 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'S OFFICE AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
489
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09162, RULES REPORT
NO. 704, SANTABARBARA. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN
RELATION TO ESTABLISHING THE STATEWIDE GROUP HOME FAMILIES WORKING
GROUP.
ACTING SPEAKER CUSICK: ON A MOTION BY MR.
SANTABARBARA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 7377. 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'S OFFICE 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. A09236-A, RULES
REPORT NO. 705, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE
"T SGT. WALTER SHEARING MEMORIAL HIGHWAY."
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
490
NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A9236-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'S OFFICE 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. A09301-A, RULES
REPORT NO. 706, FITZPATRICK. AN ACT IN RELATION TO AUTHORIZING THE
ASSESSOR OF THE TOWN OF SMITHTOWN, COUNTY OF SUFFOLK, TO ACCEPT FROM
MOTHER AND UNBORN BABY CARE OF LI, INC., AN APPLICATION FOR
EXEMPTION FROM REAL PROPERTY TAXES.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A9301-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'S OFFICE AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
WOULD PLEASE RECORD OUR COLLEAGUES MS. CRUZ, MR. MAMDANI AND MS.
491
NYS ASSEMBLY JUNE 3, 2022
FORREST IN THE NEGATIVE ON THIS ONE. THANK YOU, SIR.
ACTING SPEAKER CUSICK: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09596-A, RULES
REPORT NO. 707, PAULIN, WOERNER, ENGLEBRIGHT, GONZÁLEZ-ROJAS,
BURDICK, GRIFFIN, MCMAHON, SAYEGH, DINOWITZ, SILLITTI, GOTTFRIED,
GLICK, ABBATE, SIMON, HEVESI, LAVINE, PALMESANO, LAWLER,
MCDONOUGH, J. A. GIGLIO, WALLACE. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO IMPLEMENTING A STATEWIDE ELECTRONIC
TRACKING SYSTEM FOR EVIDENCE COLLECTION KITS USED TO COLLECT AND
PRESERVE EVIDENCE OF A SEXUAL ASSAULT OR OTHER SEX OFFENSE.
ACTING SPEAKER CUSICK: 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 CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 7867-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'S OFFICE AT THE NUMBERS
PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
492
NYS ASSEMBLY JUNE 3, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09614, RULES REPORT
NO. 708, ABBATE, BUTTENSCHON, LUPARDO, OTIS. AN ACT TO AMEND THE
CIVIL SERVICE LAW, IN RELATION TO INDEPENDENT HEARING OFFICERS FOR
CERTAIN DISCIPLINARY HEARINGS.
ACTING SPEAKER CUSICK: 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 MARCH 1ST.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 8481. 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'S OFFICE 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. A09697-A, RULES
REPORT NO. 709, GRIFFIN, REYES, EPSTEIN, BRAUNSTEIN, SILLITTI, SOLAGES,
GONZÁLEZ-ROJAS, GALLAGHER, CUNNINGHAM, DE LOS SANTOS. AN ACT TO
AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ESTABLISHING THE NIGHTLIFE
OPIOID ANTAGONIST PROGRAM.
ACTING SPEAKER CUSICK: ON A MOTION BY MRS.
GRIFFIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
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NYS ASSEMBLY JUNE 3, 2022
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 8633-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'S OFFICE AT THE NUMBERS
PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. GRIFFIN TO EXPLAIN HER VOTE.
MRS. GRIFFIN: THANK YOU, MR. SPEAKER. THIS BILL
WILL AUTHORIZE TRAINING AND PUT LIFE-SAVING TREATMENT INTO THE HANDS OF
NIGHTLIFE ESTABLISHMENT EMPLOYEES. IN ADDITION TO PROVIDING OPIOID
ANTAGONIST TRAINING FOR NIGHTLIFE WORKERS AND MAKING THESE TREATMENTS
MORE READILY AVAILABLE TO PEOPLE ACROSS THE STATE, THIS PROGRAM WILL
SUPPLEMENT EXISTING EDUCATIONAL AND AWARENESS PROGRAMS TO REDUCE
THE EVER INCREASING SENSELESS AND TRAGIC OVERDOSE DEATHS, AND CURB THE
CONSUMPTION OF DRUGS BY NEW YORK RESIDENTS. THIS IMPACTS EVERY
COMMUNITY ACROSS OUR STATE REGARDLESS OF IDENTITY, REGION, OR INCOME.
THIS PROGRAM, WHICH IS OPTIONAL, CAN AND WILL SAVE LIVES BY BRINGING
OUR EXISTING RESOURCES TOGETHER TO WORK WITH OUR BUSINESS COMMUNITY
AND HEALTH ADVOCATES.
I WANT TO THANK THE SPEAKER, CHAIR GOTTFRIED, THE
COSPONSORS IN THE ASSEMBLY, MY SENATE SPONSOR, SENATOR LEROY
COMRIE, AND THE ASSEMBLY STAFF FOR ALL OF THEIR SUPPORT IN GETTING THIS
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COMMONSENSE, BUT TRULY LIFE-SAVING BILL TO THE FLOOR THIS MORNING. I
VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER CUSICK: MRS. GRIFFIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09776-B, RULES
REPORT NO. 710, MONTESANO. AN ACT IN RELATION TO AUTHORIZING
GURUDWARA SHAHEEDAN, INC. TO FILE WITH THE COUNTY OF NASSAU ASSESSOR
AN APPLICATION FOR CERTAIN REAL PROPERTY TAX EXEMPTIONS.
ACTING SPEAKER CUSICK: ON A MOTION BY MR.
MONTESANO, 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 CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 8752-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'S OFFICE AT THE NUMBERS
PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU VERY MUCH. IT'S A REAL
PLEASURE FOR ME TO SUPPORT THIS PARTICULAR BILL, AND IT'S A SPECIAL
PLEASURE TO STAND UP AND RECOGNIZE THAT THIS IS MR. MONTESANO'S LAST
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NYS ASSEMBLY JUNE 3, 2022
BILL THAT WE ARE PASSING, SO FAR UNANIMOUSLY, IN THE NEW YORK STATE
ASSEMBLY. MR. MONTESANO IS LEAVING US. I SUSPECT HE'LL BECOME A
JUDGE, AT WHICH TIME HE WILL BE MAKING TWICE AS MUCH AS US AND
TRAVELING HALF AS MUCH, WHICH IS JUST ANOTHER SIGN OF HIS WISDOM.
MR. MONTESANO, FOR THOSE WHO DIDN'T KNOW, WORKED
ON -- IN THE NEW YORK CITY POLICE DEPARTMENT FOR MANY YEARS. HE
THEN BECAME A VERY SUCCESSFUL PRIVATE SECTOR ATTORNEY, AS WELL AS ONE
OF OUR COLLEAGUES. AS THE RANKER IN THE JUDICIARY COMMITTEE, WE
LOOKED TO HIM FOR GUIDANCE ON SO MANY ISSUES THAT COME BEFORE THAT
IMPORTANT COMMITTEE, AND IT'S BEEN A REAL HONOR AND PRIVILEGE FOR ME
TO CALL MR. MONTESANO MY FRIEND, MY COLLEAGUE, AND FOR ALL YOU DO AS A
FELLOW ASSEMBLYMAN. THANK YOU SO MUCH, MR. MONTESANO.
(APPLAUSE)
ACTING SPEAKER CUSICK: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. QUICKLY, AS WELL,
I WANT TO ACKNOWLEDGE MY NASSAU COLLEAGUE. MIKE GOT HERE ABOUT
HALF A YEAR AHEAD OF ME, BUT, YOU KNOW, I CAME IN AS A -- AS A YOUNG
MEMBER. MIKE WAS ALWAYS A, YOU KNOW, A MENTOR, A FRIEND. AND
MANY OF US KNOW HE -- HE CAN BUST YOUR CHOPS AT TIMES, BUT YOU KNOW
IT COMES OUT OF A PLACE OF JUST REALLY CARING AND LOVE. YOU KNOW, HE'S
-- HE'S A GREAT GUY. HE'S GOING TO HOPEFULLY MAKE A WONDERFUL JUDGE IN
HIS NEXT CAREER AND IT'S SOMETHING HE WANTED FOR A LONG TIME AND IS
VERY, VERY WELL-DESERVED. BUT HE WILL ALWAYS BE A SPECIAL PART OF MY
TIME IN THE NEW YORK STATE ASSEMBLY, AND -- AND I HAVE CERTAINLY
BENEFITTED FROM LEARNING FROM HIM, SPENDING TIME WITH HIM, AND -- AND
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NYS ASSEMBLY JUNE 3, 2022
WORKING WITH HIM. SO MIKE, I WISH ALL OF THE BEST TO YOU, YOUR FAMILY,
AND I HOPE YOU HAVE NOTHING BUT SUCCESS IN YOUR NEXT TENURE. BUT I
CAN'T SAY ANYTHING MORE THAN THANK YOU FOR YOUR FRIENDSHIP, FOR YOUR
MENTORSHIP, AND FOR JUST HELPING ME FROM THE TIME I GOT HERE TO -- TO
TODAY, TO BEING A BETTER MEMBER AND A BETTER PUBLIC SERVANT. SO GOD
BLESS YOU. THANK YOU.
(APPLAUSE)
ACTING SPEAKER CUSICK: MS. WALSH.
MS. WALSH: WELL, I COULDN'T LET THIS MOMENT GO BY
WITHOUT RECOGNIZING MR. MONTESANO. WE SERVED ON THE JUDICIARY
COMMITTEE LAST YEAR WHEN IT WAS A LITTLE BIT BUSY, AND SPENT THE
SUMMER WITH MR. MONTESANO AND MY COLLEAGUES IN THE JUDICIARY
COMMITTEE AS WE TOOK OUT THE IMPORTANT INVESTIGATION THAT WE WERE
DOING. AND I THINK WHAT ALWAYS HAS STRUCK ME ABOUT MIKE IS THAT HE'S
JUST AS GENUINE AS -- AS GENUINE AS YOU GET. HE JUST TELLS IT LIKE IT IS AND
HE IS REALLY, REALLY, TRULY LIKE ONE OF THE FUNNIEST PEOPLE I MET. REALLY,
VERY FUNNY. SO I KNOW HE'LL BRING HIS WISDOM AND HIS GENUINENESS AND
ALL OF HIS TALENTS TO THE BENCH AND WILL MAKE -- WILL MAKE A BIG
DIFFERENCE. SO I JUST WANT TO WISH YOU WELL, MIKE, AND THANKS FOR
SHEPHERDING THAT COMMITTEE LAST SUMMER, THAT WAS NO EASY TASK, SO I
APPRECIATE IT. THANK YOU, MR. SPEAKER.
(APPLAUSE)
ACTING SPEAKER CUSICK: MR. GIGLIO.
MR. GIGLIO: I'D LIKE TO SAY MIKE'S OKAY, BUT LET'S
NOT GO OVERBOARD. THANK YOU.
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NYS ASSEMBLY JUNE 3, 2022
(LAUGHTER)
(APPLAUSE)
ACTING SPEAKER CUSICK: MR. CAHILL.
MR. CAHILL: I WAS GOING TO SAY THAT ABOUT GIGLIO.
(LAUGHTER)
I -- I GOT TO KNOW MIKE VERY WELL IN PROBABLY THE
MOST DIFFICULT OF CIRCUMSTANCES FOR ANY OF US, AND THAT IS IN OUR SERVICE
ON THE ETHICS COMMITTEE OVER MANY, MANY YEARS DURING PROBABLY, I'M
GOING TO SAY, ONE OF THE MOST TUMULTUS TIMES FOR THE ETHICS COMMITTEE.
AND MIKE AND, JOE, TOO, OF COURSE, AND OTHERS, WE INSISTED THAT THAT
COMMITTEE UNDER OUR TENURE BE A NONPARTISAN COMMITTEE. IT WAS A
BIPARTISAN COMMITTEE, BUT WE TREATED IT AS NONPARTISAN. WE DID NOT
HAVE, IN MY TIME ON THERE, A SINGLE MAJORITY VOTE. WE ONLY HAD
UNANIMOUS VOTES, WE ONLY HAD CONSENSUS VOTES, AND THAT WAS BECAUSE
OF THE INTEGRITY OF THE MEMBERS OF THAT COMMITTEE. AND MIKE
MONTESANO HAS DEMONSTRATED HIS BIPARTISANSHIP SO MANY TIMES HERE ON
THE FLOOR, OFTENTIMES I'M SURE TO THE DISMAY OF THE VARIOUS REPUBLICAN
LEADERS, DID EXACTLY THE SAME THING IN THE COMMITTEE. AND, MIKE, YOU
TAUGHT US ALL A LOT, AND LOOKING FORWARD TO SEE -- IF I CAN THINK OF
ANYBODY THAT I'D LIKE TO SEE BECOME A JUDGE, IT'S YOU. CONGRATULATIONS
AND GOOD LUCK.
(APPLAUSE)
ACTING SPEAKER CUSICK: MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I AM --
DID NOT REALIZE THAT MR. MONTESANO WAS NOT COMING BACK AND I'M
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NYS ASSEMBLY JUNE 3, 2022
SHOCKED AND DISAPPOINTED. AND I WANT TO MAKE THE -- THE SINCERE
GOODBYE BIPARTISAN. WE DEVELOPED A GOOD WORKING RELATIONSHIP AND
IT'S -- I'M GOING TO MISS YOU, I REALLY AM. THANK YOU. THANK YOU FOR
YOUR SERVICE.
(APPLAUSE)
ACTING SPEAKER CUSICK: MS. SIMON.
MS. SIMON: THANK YOU. I ALSO DID NOT KNOW THAT
MR. MONTESANO WOULD BE LEAVING US, BUT IN MY SHORT TENURE CHAIRING
THE ETHICS COMMITTEE, I HAVE REALLY APPRECIATED HIS ABILITY TO
UNDERSTAND THE ISSUES, TO TALK ABOUT THEM, TO BE ENCOURAGING, AND TO
ALSO HAVE THIS EXPERIENCE OF REALLY HAVING, BOTH IN THE ETHICS
COMMITTEE AND THE LEGISLATIVE ETHICS COMMISSION, THOUGHT APPLIED TO
EVERY SITUATION AND THE ABILITY TO COMMUNICATE WITH EVERYBODY, WORK
VERY COLLABORATIVELY WITH EVERYBODY. AND ALSO REACH, THOSE, YOU
KNOW, UNANIMOUS VOTES SO OFTEN. AND I REALLY APPRECIATED HIS
COMMENTS AND HIS GUIDANCE AND I HAVE ENJOYED WORKING WITH YOU.
THANK YOU SO MUCH.
(APPLAUSE)
ACTING SPEAKER CUSICK: MR. FITZPATRICK.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER. I
JUST ALSO WANT TO WISH MIKE THE VERY BEST. HE IS -- HE WILL BE AN
OUTSTANDING JUDGE FOR THE SIMPLE REASON IS THAT HE'S AN OUTSTANDING GUY,
HE'S A GOOD FRIEND, AND HE IS ALWAYS LEVELHEADED, ALWAYS CALM AND
GIVES GREAT ADVICE. MICHAEL, BEST WISHES AND GODSPEED.
(APPLAUSE)
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER CUSICK: MS. WEINSTEIN.
MS. WEINSTEIN: I, TOO, DIDN'T REALIZE THAT MR.
MONTESANO WAS LEAVING -- LEAVING US HERE IN THE LEGISLATURE. AS --
WHEN I CHAIRED THE JUDICIARY COMMITTEE, HE WAS ONE OF THE MOST
ACTIVE MEMBERS. HE RAISED THE ISSUES AND THEY WEREN'T PARTISAN ISSUES,
HE'D RAISE ISSUES AND WE'D SOMETIMES PULL A BILL AND TAKE HIS COMMENTS
INTO CONSIDERATION AND WOULD COME BACK WITH A DIFFERENT VERSION --
VERSION OF THE BILL. AND LATELY, AS HE'S JOINED THE ANTI-PARK ALIENATION
GROUP OF THE WAYS AND MEANS COMMITTEE, SO HE'S SEEN THE LIGHT IN THAT
WAY. AND, YOU KNOW, MIKE, I WOULD SAY TO YOU I KNOW YOU'RE GOING
TO BE OUT -- YOU'LL BE OUT ON THE ISLAND, BUT I'LL MEET YOU HALFWAY WITH A
BOX OF HAMANTASCHEN IF YOU'D LIKE.
(APPLAUSE)
ACTING SPEAKER CUSICK: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I LITERALLY JUST ASKED JOHN A FEW MINUTES AGO, IS ANYBODY ELSE
LEAVING? AND WE DIDN'T QUITE KNOW, BUT I DO KNOW ONE THING FOR SURE
ABOUT THIS GENTLEMAN, IS THAT HE'S NOT -- HE'S NOT HYPER-PARTISAN. HE
BELIEVES IN HIS PRINCIPAL POSITION AS A REPUBLICAN, I RESPECT THAT. AND
BECAUSE HE'S NOT, I KNOW HE'S GOING TO BE A GREAT JUDGE. AND I NEVER
WANT TO BE IN FRONT OF YOU, BUT I KNOW YOU'RE GOING TO BE SUCCESSFUL.
(LAUGHTER)
GOD BLESS YOU.
(APPLAUSE)
ACTING SPEAKER CUSICK: ARE THERE ANY OTHER
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NYS ASSEMBLY JUNE 3, 2022
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(APPLAUSE)
THE CLERK: ASSEMBLY NO. A09778-A, RULES
REPORT NO. 711, MANKTELOW. AN ACT TO AMEND THE TAX LAW, IN
RELATION TO AUTHORIZING WAYNE COUNTY TO IMPOSE A HOTEL, MOTEL OR
SEASONAL RENTAL OCCUPANCY TAX; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER CUSICK: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A9778-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'S OFFICE AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUES MR. BURKE, MR. CONRAD, MS. MCMAHON,
MR. RAMOS, MR. STIRPE, MS. WALLACE, MR. BARNWELL, AND MS.
BUTTENSCHON IN THE NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES: THANK YOU, SIR.
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NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MR.
DURSO IN THE NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09779-A, RULES
REPORT NO. 712, BYRNE. AN ACT TO AMEND THE EXECUTIVE LAW, IN
RELATION TO DESIGNATING LAKE PEEKSKILL AS AN INLAND WATERWAY.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BYRNE, 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 8888-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 VERY MUCH, MR.
SPEAKER. THIS IS MR. BYRNE'S LAST BILL AS AN ASSEMBLYMEMBER. YOU
MAY NOT REALIZE THIS, BUT HE IS IRISH. AND I DISCOVERED THAT WHEN I SAW
HIM ONCE WALKING WITH WHAT I LATER IDENTIFIED AS A KILT. THE ONLY ONE
THAT I'M AWARE OF THAT'S COME TO THE FLOOR AND NOT BEEN STOPPED BY
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NYS ASSEMBLY JUNE 3, 2022
WAYNE FOR WEARING A KILT. HE ALSO PLAYED A BAGPIPE, AND WAS QUITE
PROUD AND QUITE ACCOMPLISHED.
HERE ON THE FLOOR OF THE ASSEMBLY, OF COURSE, MANY OF
US KNOW HE HAS DEVELOPED A CONSIDERABLE EXPERTISE UNDER THE TUTELAGE
OF ASSEMBLYMAN GOTTFRIED AS SERVING AS OUR RANKER ON THE HEALTH
COMMITTEE. FOR ME, IT'S A SPECIAL BLESSING BECAUSE WHEN WE'RE
LOOKING AT A DEBATE LIST THAT WE GET A FEW MINUTES BEFORE WE START, AND
WHENEVER I SEE SOMETHING THAT'S GONE THROUGH THE HEALTH COMMITTEE, I
KNOW I CAN REACH OUT TO MR. BYRNE AND RECEIVE A VERY THOUGHTFUL
DISCUSSION AND QUESTIONS. HE IS LEAVING US, HARD TO BELIEVE, TO BECOME
THE COUNTY EXECUTIVE IN PUTNAM COUNTY. AND AGAIN, ONE MORE SMART
ASSEMBLYMAN WHO IS GOING TO BE WORKING LOCALLY IN HIS OWN COUNTY
AND I'M SURE HE WILL MISS WORKING AROUND THE CLOCK, BUT PERHAPS HE'LL
HAVE THAT OPPORTUNITY AS COUNTY EXECUTIVE IN PUTNAM COUNTY.
THANK YOU VERY MUCH, MR. BYRNE, FOR ALL YOUR SERVICE
TO OUR CONFERENCE, TO OUR STATE, AND FOR ALL YOU'RE DOING IN THE FUTURE
AS COUNTY EXECUTIVE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. SO A FEW YEARS
AGO, MR. BYRNE ARRIVED IN THE NEW YORK STATE ASSEMBLY AND
UNFORTUNATELY, OR FORTUNATELY, I HOPE HE THINKS FORTUNATELY, HE WAS
ASSIGNED A MENTOR IN OUR CONFERENCE WHICH WAS ME. AND, YOU KNOW,
KEVIN CAME IN PROBABLY MUCH LIKE I DID 12 YEARS AGO AS A, YOU KNOW,
YOUNGER GUY, BUT, YOU KNOW, READY TO -- TO GET TO WORK. HE'S BECOME,
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NYS ASSEMBLY JUNE 3, 2022
YOU KNOW, A TREMENDOUS PUBLIC SERVANT AND HE'S GOING TO SERVE THE
PEOPLE OF PUTNAM COUNTY VERY WELL AS THEIR COUNTY EXECUTIVE, BUT IT'S
ALSO BEEN JUST AWESOME TO SEE HIM, YOU KNOW, GROW AS A PERSON. YOU
KNOW, HE WAS -- LAST WEEK HE HAD HIS SON, BRAEDEN, AND HIS WIFE, BREE,
UP WITH HIM AND, YOU KNOW, I'M HAPPY FOR HIM THAT HE'S GOING GET THE
OPPORTUNITY TO GO SERVE THE PEOPLE OF PUTNAM COUNTY AS THEIR COUNTY
EXECUTIVE, BUT ALSO THAT HE'S GOING HOME AND IS GOING TO BE ABLE TO
SPEND HOPEFULLY A LITTLE BIT MORE TIME. HE'S GOING TO BE PROBABLY
BUSIER THAN HE IS HERE, BUT HE'LL BE HOME TO WATCH -- TO WATCH HIS SON
GROW AND BE THERE WITH HIS WIFE, BREE. SO -- AND HE HAS JUST BEEN A
GOOD FRIEND, AS MR. GOODELL SAID, BEEN GREAT ON THE HEALTH COMMITTEE;
WE HAD A GREAT CORE GROUP OF US ON THE HEALTH COMMITTEE FOR -- FOR
YEARS. AND I'M CERTAINLY GOING TO MISS HIM, BUT I AM TREMENDOUSLY
HAPPY FOR HIM.
SO KEVIN, ALL THE BEST TO YOU AND YOUR FAMILY. DO
WELL, WE LOOK FORWARD TO SEEING YOU FOR THE BUDGET HEARING NEXT YEAR
ON LOCAL GOVERNMENTS WHEN YOU'RE BEGGING US FOR MONEY AND MANDATE
RELIEF, AND WE WILL DO OUR BEST TO PAY YOU LIP SERVICE AND THEN NOT DO
ANYTHING. SO I WISH YOU THE BEST, KEVIN. TAKE CARE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. GOTTFRIED.
MR. GOTTFRIED: THANK YOU, MR. SPEAKER. YOU
KNOW, OVER THE LAST 35 YEARS I'VE HAD I GUESS ABOUT A HALF A DOZEN
RANKING MINORITY MEMBERS ON THE HEALTH COMMITTEE, AND THEY HAVE
ALL BEEN SMART AND RESPONSIBLE AND GENUINELY COOPERATIVE AND JUST A
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NYS ASSEMBLY JUNE 3, 2022
PLEASURE TO WORK WITH. AND THAT HAS CERTAINLY BEEN TRUE OF KEVIN
BYRNE. HE IS A -- A STAR IN THAT TRADITION. IT'S BEEN GREAT WORKING WITH
YOU, KEVIN, AND I WISH YOU ALL THE BEST, AND THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. JENSEN.
MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER.
EVEN THOUGH I'VE ONLY SERVED WITH KEVIN FOR -- FOR 18 MONTHS, I WILL
BE FOREVER GRATEFUL FOR HIS FRIENDSHIP AND FOR HIS MENTORSHIP IN TAKING
ME UNDER HIS RIGHT WING AS A MEMBER OF THE HEALTH COMMITTEE. I
THINK A LOT OF TIMES WE CAN LOOK AT ISSUES IN A POLARIZING FASHION, BUT
LIKE CHAIRMAN GOTTFRIED SAID, WHEN WE'VE DISCUSSED ITEMS OF HEALTH
POLICY, IT HASN'T BEEN THROUGH A PARTISAN LENS, IT'S BEEN THROUGH A LENS OF
WHAT WE MAY BELIEVE IS IN THE BEST INTEREST OF ALL NEW YORKERS. AND
WHEN WE LOOK TO DEBATE POLICY IN THE BEST INTEREST OF THE 20 MILLION
PEOPLE WHO CALL THIS STATE HOME, IT'S IMPORTANT TO FOLLOW THE LEAD THAT
KEVIN HAS SHOWN IN HIS TIME THAT WE MAY DIFFER ON THE BEST POLICY, BUT
WORKING COLLABORATIVELY WITH RESPECT IS THE BEST WAY TO GET THINGS
DONE. AND WHILE I'M NOT A RESIDENT OF PUTNAM COUNTY, I AM THERE --
THE RESIDENTS ARE LUCKY THAT THEY WILL HAVE A COUNTY EXECUTIVE WITH A
NAME OF INTEGRITY LIKE KEVIN. SO CONGRATULATIONS, KEVIN, AND I'LL MISS
YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I ALREADY
REVEALED THAT I WAS ELECTED TO THE COUNTY LEGISLATURE IN 1991, BUT JUST
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NYS ASSEMBLY JUNE 3, 2022
BEFORE THAT I WAS SERVING ON THE GREENBURGH TOWN BOARD. AND A
YOUNG MAN WAS APPOINTED TO THE RECREATION DEPARTMENT AT THE TIME,
HE LIVED IN TARRYTOWN. AND HE STAYED WITH THE RECREATION DEPARTMENT
AND IS NOW THE HEAD OF THE RECREATION DEPARTMENT IN GREENBURGH.
AND A FEW YEARS AGO HE CALLED ME AND HE SAID, I WANT YOU TO DO ME A
FAVOR. I SAID, SURE, WHAT'S THAT? HE SAID, MY NEPHEW WAS JUST ELECTED
TO THE NEW YORK STATE ASSEMBLY AND I WANT YOU TO LOOK AFTER HIM. SO
GERRY BYRNE IS STILL THE RECREATION COMMISSIONER IN GREENBURGH AND
WE'RE WORKING TOGETHER. GERRY HAS, IN MY MIND, THE ADVANTAGE OF
BEING A DEMOCRAT --
(LAUGHTER)
BUT AS FAR AS REPUBLICAN GOES, KEVIN'S GREAT. WE
HAVE INCLUDED HIM IN ALL OF THE MEETINGS THAT WE HAVE AS THE REST OF THE
DELEGATION IN WESTCHESTER IS DEMOCRATIC. HE'S NOT PARTISAN, HE WORKS
WITH US WELL, AND I THINK HE'S GOING TO BE A GREAT COUNTY EXECUTIVE,
UNFORTUNATELY FOR US DEMOCRATS, BUT HE'S A GREAT GUY AND I DO WISH HIM
WELL AND I THINK THE PEOPLE OF PUTNAM COUNTY WILL FIND THAT THEY CHOSE
A VERY GOOD -- A GOOD COUNTY EXECUTIVE. IN FACT, THE DEMOCRATS AREN'T
EVEN RUNNING SOMEBODY AGAINST HIM, IF I UNDERSTAND, RIGHT? SO KEVIN,
GOOD LUCK.
(APPLAUSE)
ACTING SPEAKER AUBRY: KEVIN, I NOTED THAT
MR. GOODELL GAVE MUCH OF YOUR FASHION WEAR APPLAUSE, BUT FOR ME IT
WAS THE REPORTER 1940S HAT THAT YOU WOULD WEAR AND WOULD MANAGE TO
BRING IT INTO THE CHAMBER WITHOUT WAYNE COMING AND TAKING YOUR
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NYS ASSEMBLY JUNE 3, 2022
HEAD OFF. SO FOR THAT ACCOMPLISHMENT ALONE, I THINK YOU DESERVE
ANOTHER ROUND OF APPLAUSE. KEVIN BYRNE.
(APPLAUSE)
MR. ASHBY.
MR. ASHBY: IT'S BEEN A PLEASURE TO SERVE WITH --
WITH KEVIN ON THE HEALTH COMMITTEE AND A FEW YEARS AGO, I HAD THE
OPPORTUNITY TO DO A LITTLE TRAVELING WITH HIM. WE WENT TO A TAX POLICY
CONFERENCE IN MICHIGAN; NOW DOES THAT SOUND EXCITING, OR NOT, BUT ONE
THING THAT, YOU KNOW, I FOUND OUT ABOUT KEVIN EARLY ON IS THAT HE GOES
-- HE GOES THE EXTRA MILE FOR HIS -- FOR HIS CONSTITUENTS. AND, YOU
KNOW, WE DEFINITELY WENT A FEW MILES DURING THAT TRIP, AS WELL. AND,
YOU KNOW, I APPRECIATED HIM TOLERATING ME DURING THAT TRIP AND DURING
HIS TENURE HERE, AND I HAVE LEARNED -- LEARNED A LOT FROM HIM. THANK
YOU, KEVIN.
(APPLAUSE)
ACTING SPEAKER AUBRY: ON THE BILL, MR.
BYRNE.
MR. BYRNE: THANK YOU, MR. SPEAKER. I THOUGHT
WE DID THIS A DAY OR TWO AGO WHEN WE DID THE --
ACTING SPEAKER AUBRY: (INAUDIBLE).
MR. BYRNE: YEAH, SO APPARENTLY, YOU KNOW, ONE
OF MY GOALS WHEN I GOT ELECTED WAS I WANTED TO PASS A LOT OF BILLS, SO I
LEARNED HOW TO BECOME A PROLIFIC LEGISLATOR IN NAMING INLAND
WATERWAYS. SO LAKE PEEKSKILL IS THE LAST ONE, BUT ALSO A PRETTY
IMPORTANT LAKE FOR THE COMMUNITY OVER THERE. SO -- BUT I JUST WANT TO
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NYS ASSEMBLY JUNE 3, 2022
SAY THANK YOU FROM THE BOTTOM OF MY HEART TO ALL OF MY COLLEAGUES, IT'S
BEEN A TREMENDOUS HONOR. TO CHAIRMAN GOTTFRIED TO LEADER BARCLAY,
TO THE SPEAKER, REALLY, TO ALL THE COLLEAGUES HERE, EVERYONE'S BEEN A
PLEASURE TO WORK WITH AND I AM GOING TO MISS THE PEOPLE, I'M GOING TO
MISS THE WORK. IT'S VERY IMPORTANT WORK. I AM NOT GOING MISS BEING
HERE AT 5 A.M., AND AS FAR AS THE KILT GOES, THE FIRST TIME I WORE THAT
TARTAN ONTO THE FLOOR, I MADE SURE I GOT PERMISSION FROM THE
SERGEANT-AT-ARMS TO MAKE SURE THAT I WOULD NOT BE LIKE, YOU KNOW,
SENT OUT OF THE CHAMBER. BUT GOING TO MISS THAT GUY, MOST OF ALL,
WAYNE JACKSON; HE'S JUST -- HE'S AMAZING. SO THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
(APPLAUSE)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
KEVIN'S BILL IS PASSED. THANK YOU VERY MUCH.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09784, RULES REPORT
NO. 713, ASHBY, WOERNER. AN ACT TO AUTHORIZE KIMBERLY A. COONEY
OF THE VILLAGE OF CAMBRIDGE TO TAKE THE COMPETITIVE CIVIL SERVICE
EXAMINATION FOR THE POSITION OF POLICE OFFICER AND BE PLACED ON THE
ELIGIBLE LIST FOR EMPLOYMENT AS A FULL-TIME POLICE OFFICER.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ASHBY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
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NYS ASSEMBLY JUNE 3, 2022
ADVANCED. HOME RULE MESSAGE IS THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
-- SENATE PRINT 8454 -- RECORD THE VOTE ON SENATE PRINT 8454. 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 AN EFFORT TO
MAKE SURE THAT WE STAY HERE AT LEAST THROUGH THE WEEKEND --
(LAUGHTER)
-- I WANTED TO ACKNOWLEDGE THAT THIS IS MR. ASHBY'S
LAST BILL. AND MR. ASHBY, FOR THOSE OF YOU WHO AREN'T AS FAMILIAR WITH
HIM, SERVED OUR COUNTRY IN THE MILITARY, AND HE IS THE REAL DEAL ON
EVERY ASPECT. OF COURSE, THIS IS ONE INDIVIDUAL THAT I ALWAYS LOOK UP
TO --
(LAUGHTER)
-- UNLESS PERHAPS I'M GOING DOWN THE STAIRS AND I'M AT
THE TOP AND HE'S AT THE BOTTOM. SERVED OUR CONFERENCE AS THE RANKER
ON THE VETERANS' AFFAIRS COMMITTEE, REALLY PLAYED A KEY ROLE IN
MOVING THE DWYER PROGRAM, THE PEER-TO-PEER PROGRAM, FORWARD. AND
WHEN YOU COME IN AS A NEW LEGISLATOR AND YOU LEAVE HAVING PUT
TOGETHER A PROGRAM WITH THE HELP OF OTHERS HERE THAT IS ACTUALLY
AFFECTING PEOPLE'S LIVES LONG-TERM, THAT IS AN INCREDIBLE
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NYS ASSEMBLY JUNE 3, 2022
ACCOMPLISHMENT. MR. ASHBY, HOWEVER, HAS DECIDED THAT PERHAPS THAT
SMALLER CHAMBER ON THE OTHER SIDE OF THE BUILDING MIGHT BE A MORE
APPROPRIATE PLACE TO RESIDE, OR PERHAPS CONGRESS. I CAN'T KEEP UP WITH
HIM. HE'S NOT YET RUNNING FOR GOVERNOR, BUT THANK YOU, MR. ASHBY, FOR
ALL YOU'VE DONE FOR US.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. MCDONALD.
MR. MCDONALD: THANK YOU, MR. SPEAKER. AND
AS MANY OF YOU KNOW, I SHARE RENSSELAER COUNTY WITH JAKE AND IT'S
BEEN A PLEASURE WORKING WITH HIM THE LAST COUPLE YEARS. AS MR.
GOODELL DID SAY, HE IS A TRUE GENTLEMAN. I, TOO, LOOK UP TO HIM, AS
WELL; HE'S GOT A GOOD EIGHT INCHES ON ME. AND, YOU KNOW, YES, JAKE
HAS BEEN VERY MUCH THERE ON VETERANS ISSUES, BUT ANOTHER AREA THAT'S
BEEN VERY IMPORTANT TO HIS DISTRICT IS THE OPIOID CRISIS, AND HE'S BEEN A
STRONG, STRONG PARTNER THERE. SO TODAY, I CAN SAY TO HIM GOOD LUCK IN
YOUR NEXT ENDEAVOR.
(LAUGHTER)
YESTERDAY I MAY NOT HAVE SAID THAT, BUT TODAY I DO.
THANK YOU FOR YOUR SERVICE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MRS. BARRETT.
MRS. BARRETT: THANK YOU, MR. SPEAKER. I, TOO,
WANT TO THANK JAKE FOR HIS SERVICE AND FOR HIS PARTNERSHIP ON THE
VETERANS' AFFAIRS COMMITTEE AND IN SHARING COLUMBIA COUNTY, OUR
VERY BEAUTIFUL PART OF THE HUDSON VALLEY AND THE CAPITAL DISTRICT, AND
510
NYS ASSEMBLY JUNE 3, 2022
IT'S BEEN A REAL PLEASURE WORKING WITH YOU AND AN HONOR. AND I'VE
LEARNED A LOT AND I REALLY APPRECIATE THE GENTLE WAY THAT YOU SHEPHERD
IDEAS AND -- AND DIFFICULT ISSUES WHEN YOU TALK ABOUT THEM, AND I REALLY
THANK YOU FOR BEING SUCH A GREAT PARTNER. WHAT WE WERE ABLE TO
ACCOMPLISH IN THE VETERANS' AFFAIRS COMMITTEE, BUT PARTICULARLY IN THE
ESTABLISHMENT OF THE NEW DEPARTMENT. SO THANK YOU, AND GOOD LUCK IN
YOUR NEXT VENTURE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. SCHMITT.
MR. SCHMITT: THANK YOU, MR. SPEAKER. I JUST
WANTED TO RECOGNIZE MR. ASHBY FOR HIS SERVICE HERE, FOR HIS FRIENDSHIP,
FOR HIS LEADERSHIP. HIS MILITARY SERVICE CLEARLY SHINES THROUGH IN HIS
GOVERNMENTAL SERVICE. AND HE'S SOMEBODY WHO TRAVELED THE STATE
WILLING TO TALK ABOUT HIS PERSONAL STORY TO HELP LIFT UP OTHERS AND I THINK
THAT TYPE OF SELFLESS SERVICE IS NOT SOMETHING THAT CAN BE TAUGHT. IT'S
SOMETHING THAT COMES THROUGH FROM THE CORE AND IS A TRUE ASSET TO ALL
NEW YORKERS. SO THANK YOU FOR YOUR SERVICE, SIR.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. SO YOU KNOW, I
SERVED WITH MR. ASHBY FOR A FEW YEARS HERE. I SEEN HIM AS SOMEBODY
WHO -- AND WE'RE ALL IN THE BUSINESS OF POLITICS, RIGHT, BUT SOME PEOPLE
ARE ABLE TO JUST WORK ACROSS THE AISLE AND JUST BE GENUINE ABOUT WHAT
THEY'RE TRYING TO ACCOMPLISH. JAKE HAS ALWAYS BEEN THAT AND, IN
PARTICULAR, WHEN IT COMES TO SERVING OUR VETERAN POPULATIONS. BUT LAST
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NYS ASSEMBLY JUNE 3, 2022
FALL OR INTO THE SPRING, REALLY, JAKE WAS DOING A TASK FORCE AND I GOT TO
SEE HIM IN A LITTLE BIT OF A DIFFERENT LIGHT AS HE WAS -- HE CAME DOWN TO
LONG ISLAND AND HE WAS SPEAKING IN A ROOM FULL OF VETERANS AND TELLING
HIS STORY. AND YOU JUST CAN'T HAVE MORE PASSION FOR, YOU KNOW, TRYING
TO TAKE CARE OF AND SERVE YOUR OWN THAN JAKE DOES. SO I'M NOT HAPPY
WITH HIM THAT HE'S SEEKING TO -- TO GO DOWN THE HALL, I WISH HE WAS
STAYING HERE WITH US, BUT WHEREVER JAKE GOES I THINK NOT JUST THE
VETERAN POPULATION, BUT THE PEOPLE OF HIS DISTRICT AND THE PEOPLE OF THIS
ENTIRE STATE ARE BETTER SERVED BY WHATEVER BODY THAT JAKE ASHBY IS
SERVING IN. SO I WISH HIM WELL, I'M THANKFUL FOR HAVING HAD THE
OPPORTUNITY TO SERVE WITH HIM, AND I JUST HOPE THAT WHATEVER COMES,
YOU REALIZE THAT YOU HAVE MADE A TREMENDOUS, TREMENDOUS IMPACT IN
THIS CHAMBER AND ON THE PEOPLE THAT YOU'VE SERVED WITH. THANK YOU,
JAKE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER. ALL OF US
COME FROM DIFFERENT BACKGROUNDS, HAVE DIFFERENT LIFE EXPERIENCES, AND
I THINK WHAT MAKES THIS BODY AND LEGISLATURES ALL ACROSS THE COUNTRY
UNIQUE IS OBVIOUSLY WE BRING THOSE EXPERIENCES WITH US. AND I THINK IT
IS ALWAYS IMPORTANT TO HAVE THAT DIVERSITY, BUT TO HAVE PEOPLE,
ESPECIALLY FROM OUR VETERAN COMMUNITY, TO HAVE A VOICE IN THE PROCESS
AND TO LEAD BY EXAMPLE. AND JAKE ASHBY IS ONE OF THOSE PEOPLE. HE
STANDS ABOVE THE REST, LITERALLY AND FIGURATIVELY. AND HE'S JUST A
GENUINELY GOOD AND DECENT PERSON, SOMEBODY WHO HAS DEDICATED HIS
512
NYS ASSEMBLY JUNE 3, 2022
LIFE AND CAREER TO OUR COUNTRY, TO THE PEOPLE OF THIS GREAT STATE, AND TO
SERVING A CAUSE GREATER THAN HIS OWN SELF-INTEREST. AND I THINK HE WILL
CONTINUE TO DO THAT WHETHER IN THE CHAMBER NEXT DOOR OR IN OTHER WAYS
THROUGHOUT HIS -- HIS CAREER. SO I HAVE LEARNED A LOT FROM HIM AND VERY
MUCH APPRECIATE HIS PERSPECTIVE AND THE WORK THAT HE'S REALLY BEEN
ABLE TO DONE -- TO GET DONE WORKING WITH OUR COLLEAGUES ACROSS THE
AISLE TO REALLY FOCUS IN ON IMPORTANT ISSUES FOR OUR VETERANS, ESPECIALLY
THE JOSEPH P. DWYER PEER-TO-PEER PROGRAM AND ENSURING THAT IT IS FULLY
FUNDED, AS WELL AS THE CREATION OF THE NEW DEPARTMENT OF VETERANS'
AFFAIRS. SO THANK YOU TO JAKE AND HIS CONTINUED SERVICE ON BEHALF OF
THE PEOPLE OF THE STATE OF NEW YORK.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. BYRNE.
MR. BYRNE: THANK YOU, MR. SPEAKER. JUST TO
ECHO A LOT OF THE COMPLIMENTS THAT ARE WELL DESERVED FOR MY COLLEAGUE,
JAKE ASHBY, ON HIS FINAL BILL. I HOPE MS. COONEY APPRECIATES JAKE'S
WORK. I'M SURE SHE DOES, BECAUSE SHE'LL BE -- APPARENTLY BE ABLE TO TAKE
THE CIVIL SERVICE EXAM TO BECOME A POLICE OFFICER. BUT JAKE
MENTIONED EARLIER ABOUT OUR TRIP TO MICHIGAN. WHAT HE DIDN'T TELL YOU
WAS ON THE WAY HOME, AND IT WAS A LONG RIDE, THE AIR CONDITIONING IN
MY 2011 FORD ESCAPE GOT BUSTED, SO IT WAS A HOT RIDE BACK. AND IT
TAKES A SPECIAL KIND OF PERSON TO BE ABLE TO TOLERATE ME IN A LONG TRIP
LIKE THAT IN THE BLISTERING HEAT.
BUT JAKE HAS BEEN EXTREMELY ACCESSIBLE, VALUABLE TO
ME, TO OUR COLLEAGUES ON THE HEALTH COMMITTEE. IT WAS MENTIONED
513
NYS ASSEMBLY JUNE 3, 2022
EARLIER HE CRISS-CROSSED THE STATE WITH A SPECIAL TASK FORCE TO ADVOCATE
FOR VETERANS. HE CAME TO MY DISTRICT TO VISIT OUR PUTNAM RESIDENTS, WE
HAVE A VETERANS' HOME IN PUTNAM COUNTY, THE PEGASUS CENTER,
EQUESTRIAN CENTER THAT PROVIDES SERVICES TO VETERANS. I ACTUALLY HAVE A
RESIDENT AND FRIEND WHO SERVED WITH JAKE IN THE MILITARY, ANDRE, AND I
TALK TO HIM ALL THE TIME AND BASICALLY HE JUST TELLS ME, YOU KNOW, HOW
FONDLY HE THINKS OF JAKE. AND I ALSO SAW HIM ACROSS THE HUDSON RIVER
IN ORANGE COUNTY IN COLIN SCHMITT'S DISTRICT.
SO JAKE IS A WORKER AND YOU'RE GOING TO BRING A
TREMENDOUS AMOUNT OF TALENT AND SKILL AND KNOWLEDGE TO THE SENATE,
AND WE'RE ALL GOING TO BE BETTER FOR IT. SO CONGRATULATIONS, JAKE, BEST OF
LUCK.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. ASHBY.
MR. ASHBY: THANK YOU, MR. SPEAKER. I WILL BE
BRIEF. IT'S BEEN A TRUE PLEASURE TO SERVE IN THIS BODY AND THE --
WHATEVER ACCOMPLISHMENTS, YOU KNOW, I MAY HAVE IT'S BECAUSE OF THE
PARTNERSHIPS AND THE PEOPLE HERE, AND THE CONSTITUENTS THAT I SERVED.
BUT I WOULD BE REMISS IF I DIDN'T MENTION THE STAFF SERGEANT ALEX
JIMENEZ BILL AND THE RELATIONSHIP THAT I GOT TO BUILD WITH MY
COUNTERPART, CATALINA CRUZ, AND BEING ABLE TO GO DOWN TO QUEENS AND
MEET SERGEANT JIMENEZ'S FAMILY AND SPEND TIME WITH THEM. AND THAT
WOULD NOT HAVE BEEN POSSIBLE IF IT WASN'T FOR MIKE CUSICK, MY -- MY
NEIGHBOR UP ON THE 7TH FLOOR WHO I INITIALLY WENT TO WITH THAT BILL, AND
HELPED INITIALLY SHEPHERD THAT PATH. SO I'M VERY, VERY GRATEFUL FOR THE
514
NYS ASSEMBLY JUNE 3, 2022
RELATIONSHIP THAT WE WERE ABLE TO HAVE, AND GOOD LUCK TO YOU, MIKE,
AND THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. FITZPATRICK.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER.
JAKE, IT HAS BEEN AN HONOR AND A PLEASURE TO SERVE WITH YOU. YOU ARE A
HERO BECAUSE YOU WORE THE UNIFORM TO SERVE ALL OF US, AND YOU'RE
ESPECIALLY A HERO TO THOSE WHO SERVED HERE IN THE ASSEMBLY FOR
VETERANS' CAUSES. BEST WISHES AND GODSPEED. THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, REALLY QUICKLY. NOT EVERYTHING THAT IS FACED CAN BE CHANGED,
BUT NOTHING CAN BE CHANGED UNTIL IT IS FACED. THE FIRST TIME I SPOKE TO
MR. ASHBY WAS BECAUSE I MADE THAT QUOTE ON THIS FLOOR. HE CAME RIGHT
OVER HERE AND TOLD ME WHAT AN AMAZING QUOTE AND WHAT AN IMPACT IT
HAD HAD ON HIS LIFE BEFORE HE GOT HERE. I WAS REALLY GRATEFUL TO HEAR
THAT AND TO KNOW THAT THERE IS MEANING WHEN YOU SHARE THESE THINGS.
SOMEBODY HEARS IT, SOMEBODY BELIEVES IN IT, AND SOMEBODY AGREES
WITH IT. AND SO I'VE ALWAYS LOOKED UP TO HIM EVER SINCE THEN. AND
WHEN HE WALKED AROUND IN HIS CAST, I EMPATHIZED EVERY TIME I SAW HIM
WITH HIS CAST ON. AND SO WHEREVER HE GOES, THERE ARE GOING TO BE SOME
OTHER PEOPLE WHO HAVE BEEN BLESSED BECAUSE OF HIS PRESENCE. SO
CONGRATULATIONS, SIR.
(APPLAUSE)
515
NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: HEAR, HEAR.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
JAKE'S BILL IS PASSED.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09786, RULES REPORT
NO. 714, SCHMITT, BRABENEC. AN ACT TO AMEND THE EXECUTIVE LAW, IN
RELATION TO ADDING TO THE DEFINITION OF INLAND WATERWAYS FOR THE
PURPOSES OF WATERFRONT REVITALIZATION.
ACTING SPEAKER AUBRY: 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 AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9354. 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. A09790, RULES REPORT
NO. 715, BYRNES. AN ACT TO AMEND CHAPTER 373 OF THE LAWS OF 2019,
AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF
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NYS ASSEMBLY JUNE 3, 2022
LIVINGSTON TO IMPOSE AN ADDITIONAL MORTGAGE RECORDING TAX, IN RELATION
TO EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
BYRNES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS 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 8673. 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: THANK YOU, MR.
SPEAKER. COULD YOU PLEASE RECORD OUR COLLEAGUES MR. BURKE, MR.
CONRAD, MS. MCMAHON, MR. RAMOS, MS. WALLACE, MR. BARNWELL AND
MS. BUTTENSCHON IN THE NEGATIVE ON THIS PIECE OF LEGISLATION.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09792-B, RULES
REPORT NO. 716, MIKULIN. AN ACT IN RELATION TO AUTHORIZING THE COUNTY
OF NASSAU ASSESSOR TO ACCEPT AN APPLICATION FOR A REAL PROPERTY TAX
EXEMPTION FROM GURUDWAA SHAHEEDAN, INC.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
517
NYS ASSEMBLY JUNE 3, 2022
MIKULIN, 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 8689-B. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED AS 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. A09793, RULES REPORT
NO. 717, DESTEFANO. AN ACT IN RELATION TO AUTHORIZING THE RUTH AME
ZION CHURCH TO FILE WITH THE TOWN OF BROOKHAVEN ASSESSOR AN
APPLICATION FOR CERTAIN REAL PROPERTY TAX EXEMPTIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL THE
VOTE ON ASSEMBLY PRINT 9793. 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.
518
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: ASSEMBLY NO. A09795, RULES REPORT
NO. 718, FRIEND. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN
RELATION TO PERMITTING THE CANDOR CENTRAL SCHOOL DISTRICT TO ESTABLISH
AN INSURANCE RESERVE FUND.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
FRIEND, 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 8706. 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. A09798-A, RULES
REPORT NO. 719, DESTEFANO. AN ACT AUTHORIZING THE COUNTY OF SUFFOLK
TO ALIENATE CERTAIN LANDS AS USED AS PARKLANDS TO ENABLE SUNRISE WIND,
LLC TO CONSTRUCT, MAINTAIN AND OPERATE A SUBTERRANEAN CONDUIT AND
ELECTRICAL DISTRIBUTION CABLE SYSTEM, TOGETHER WITH SUBTERRANEAN
TRANSITION JOINT BAYS AND LINK BOXES, ON COUNTY OF SUFFOLK PARKLAND
LOCATED AT SOUTHAVEN COUNTY PARK, SMITH POINT COUNTY PARK AND
SMITH POINT COUNTY MARINA AND APPURTENANCES THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
519
NYS ASSEMBLY JUNE 3, 2022
DESTEFANO, 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 8750-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. HYNDMAN.
MS. HYNDMAN: THANK YOU, MR. SPEAKER. PLEASE
RECORD OUR COLLEAGUE MR. DINOWITZ IN THE NEGATIVE ON THIS BILL.
ACTING SPEAKER AUBRY: SO NOTED.
MS. HYNDMAN: THANK YOU.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09862, RULES REPORT
NO. 720, HAWLEY. AN ACT EXTENDING THE TIME CERTAIN WITHIN WHICH
CERTAIN ELECTED OFFICERS MAY FILE THEIR OATHS OF OFFICE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
HAWLEY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09863-B, RULES
REPORT NO. 721, FRIEND. AN ACT AUTHORIZING THE CITY OF ELMIRA,
520
NYS ASSEMBLY JUNE 3, 2022
COUNTY OF CHEMUNG, TO ALIENATE AND SELL PARKLANDS TO CERULEAN
HOLDINGS, INC.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
FRIEND, 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 8743-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.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUE MR. DINOWITZ 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.
THE CLERK: ASSEMBLY NO. A09892, RULES REPORT
NO. 722, BRABENEC. AN ACT TO AMEND CHAPTER 368 OF THE LAWS OF
2020, AMENDING THE TAX LAW RELATING TO ALLOWING FOR THE
ESTABLISHMENT OF AN OCCUPANCY TAX IN THE CITY OF PORT JERVIS, IN
RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BRABENEC, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
521
NYS ASSEMBLY JUNE 3, 2022
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 8860. 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. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, PLEASE RECORD OUR
COLLEAGUES IN THE NEGATIVE ON THIS BILL: MR. CONRAD, MS. MCMAHON,
MR. RAMOS, MR. STIRPE, MS. WALLACE, MR. BARNWELL AND MS.
BUTTENSCHON.
ACTING SPEAKER AUBRY: SO NOTED.
MS. HYNDMAN: THANK YOU.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09901, RULES REPORT
NO. 723, WALCZYK. AN ACT TO AMEND THE TAX LAW, IN RELATION TO THE
ALLOCATION OF NET COLLECTIONS FROM ADDITIONAL SALES AND COMPENSATING
USE TAXES IN THE COUNTY OF ST. LAWRENCE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
WALCZYK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
522
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8846. 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. SCHMITT.
MR. SCHMITT: THANK YOU, MR. SPEAKER. IT'S MY
UNDERSTANDING THAT THIS MAY BE MR. WALCZYK'S LAST BILL IN THE NEW
YORK STATE ASSEMBLY. IT'S BEEN AN HONOR TO SERVE WITH MR. WALCZYK.
WE WERE ELECTED TOGETHER, AND PRIOR TO THAT WE WERE STAFFERS IN THE
STATE SENATE NOT TOO MANY YEARS AGO, BUT WE -- WE SHARE MANY
COMMON THREADS, INCLUDING SERVICE IN A RESERVE COMPONENT OF THE
UNITED STATES ARMY. MARK IS A GREAT FRIEND, A TRUE LEADER FOR THE FRONT
YARD OF AMERICA, A GREAT PART OF THE STATE OF NEW YORK. HE HAS A
WONDERFUL WIFE, A WONDERFUL FAMILY, AND I AM JUST EXTRAORDINARILY
EXCITED TO SEE HIS FUTURE LEADERSHIP DOWN THE HALL IN THE -- IN THE STATE
SENATE. KNOW THAT HIS DEBATING SKILLS AND RHETORICAL EXCELLENCE WILL
BE MISSED IN THIS CHAMBER, BUT I AM SURE HE IS GOING TO SHAKE UP THE
STATE SENATE IN WAYS THAT ARE -- ARE DESPERATELY NEEDED THERE, AS WELL.
SO GOD BLESS MARK, AND KEEP MAKING US ALL PROUD.
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. SO WHAT --
WHAT TO SAY ABOUT MARK WALCZYK. YOU KNOW, HE -- HE ALWAYS HAS A
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NYS ASSEMBLY JUNE 3, 2022
VERY INTERESTING TAKE ON -- AND A VERY INTERESTING PERSPECTIVE THAT
COMES THROUGH IN HIS DEBATE THAT'S DIFFERENT THAN -- THAN EVERYBODY
ELSE. HE'S OBVIOUSLY A VERY WELL-READ INDIVIDUAL. HE'S ABLE TO WEAVE
IN A LOT OF OUTSIDE LITERATURE AND QUOTES AND KNOWLEDGE. HE'S -- HE'S
JUST A REALLY INTERESTING, INTERESTING MAN AND I'VE REALLY ENJOYED
WORKING WITH HIM. AND I -- I KNOW THAT HE'LL DO GREAT THINGS UP THE
HALL. BUT I, AGAIN, I'M -- I'M JUST -- I FEEL LIKE I'M GOING TO BE VERY SAD
TO NOT HAVE HIM HERE IN THE CHAMBER BECAUSE AS WE'VE SAID ABOUT A
COUPLE OF THE OTHER PEOPLE THAT ARE -- ARE LEAVING, MARK IS ONE OF THOSE
INDIVIDUALS THAT, YOU KNOW, I COULD -- I COULD REALLY RELY ON TO GO OVER
TO AND SAY, WOULD YOU -- WOULD YOU TAKE A LOOK AT THIS, YOU KNOW,
WOULD YOU TAKE A LOOK AT THIS AND SEE IF YOU WANT TO DEBATE IT. AND
INVARIABLY, HE ALWAYS SAID YES. HE ALWAYS WAS THERE TO SUPPORT THE
CONFERENCE. HE WAS ALWAYS THERE TO DO -- TO DO WHAT HE COULD AND HE
ALWAYS DOES IT WITH A BIG SMILE ON HIS FACE.
I LOVE HIS FAMILY, TOO. I ESPECIALLY LOVE HIS LITTLE ONE, I
LOVE ATTICUS SO MUCH. SO I'M -- I'M, LIKE I SAID, I'M SAD TO HAVE MARK
NOT IN THE CHAMBER HERE ANYMORE, BUT I'M SURE WE'LL BE SEEING A LOT OF
HIM ANYWAY IN ALBANY. SO MARK, BEST WISHES AS WE GO THROUGH THE
NEXT FEW MONTHS AND THANKS A LOT FOR YOUR SERVICE HERE TO OUR
CONFERENCE AND TO THE BODY. THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER, AND I'M
STARTING TO WONDER IF THERE'S GOING TO BE ANYONE LEFT IN MY CONFERENCE
524
NYS ASSEMBLY JUNE 3, 2022
AFTER --
(LAUGHTER)
ACTING SPEAKER AUBRY: IT ISN'T YOU.
(LAUGHTER)
MR. GOODELL: SOME OF YOU MAY KNOW THIS AND
SOME MAY NOT, BUT MR. WALCZYK IS ACTUALLY CAPTAIN WALCZYK, SERVES
UP IN THE ARMY, U.S. ARMY AND IS DOING A PHENOMENAL JOB WHEN HE'S
NOT HERE SERVING HIS COUNTRY, NOT JUST HIS COUNTY, NOT JUST HIS STATE.
HE'S THE RANKER ON HIGHER ED AND SO WHEN THOSE BILLS COME UP, WE
LOOK TO HIM FOR GUIDANCE. AND BUT -- BUT BEFORE THAT, HE WAS THE
RANKER ON SOCIAL SERVICES. AND I HAD A LITTLE BIT OF FUN WITH MARK.
HE CAME TO A HEARING IN BUFFALO WITH HIS WIFE, THEY HAD JUST COME
FROM A GAME IN PITTSBURGH AGAINST THE BUFFALO BILLS. THE BUFFALO BILLS
HAD WON, AND MARK WARNED ME THAT HIS WIFE WAS A GREAT FAN OF THE
STEELERS. AND SO AFTER HE INTRODUCED ME I WENT UP TO HIS WIFE, WHO'S A
VERY NICE, GRACIOUS WOMAN, AND I SAID, OH, WASN'T THAT GAME TERRIBLE,
AND SHE GOES, YES, THE STEELERS LOST. AND I GO, YAY.
(LAUGHTER)
AND MARK EVENTUALLY FORGAVE ME. BUT IT'S ALWAYS
FUN, ISN'T IT, TO HEAR A LEARNED DISSERTATION ABOUT THE SOURCE AND THE
BACKGROUND ON OUR NEW YORK STATE SEAL, OR THE SPECIAL CLOTHES THAT
REPRESENTED HIS DISTRICT, OR THE CALORIE COUNT ON ALL MY FAVORITE FOODS
THAT I EAT. MARK ALWAYS BROUGHT A LOT OF WIT, ENTHUSIASM, ENERGY AND
INTELLIGENCE TO OUR CHAMBER. MARK, THANK YOU SO MUCH FOR YOUR
SERVICE TO OUR STATE AND TO OUR COUNTRY.
525
NYS ASSEMBLY JUNE 3, 2022
(APPLAUSE)
ACTING SPEAKER AUBRY: MARK, I ALWAYS
THOUGHT THAT YOU WERE JUST ANGRY UNTIL I SAW YOU WITH YOUR FAMILY AND
THEN I SAID, NO, HE'S A SOFTIE LIKE EVERYBODY ELSE IS. CONGRATULATIONS,
SIR.
AND MR. MARK WALCZYK, PLEASE.
(APPLAUSE)
MR. WALCZYK: WELL, THANKS, MR. SPEAKER, ON THE
BILL. AND I -- I APPRECIATE IT. I WAS ABOUT TO -- ABOUT TO ASK MR.
GOODELL IF HE WOULD YIELD AND ASK ANYBODY ELSE IN THE INTEREST OF TIME
TO UNPRESS THEIR BUTTONS BECAUSE I KNOW EVERYBODY AFTER THIS LONG
SESSION IS READY TO JUST GET HOME AND -- AND PROBABLY HEARD ENOUGH
SPEECHES. BUT I'M -- I'M PLANNING ON GOING RIGHT DOWN THE HALL IF THE
VOTERS AGREE, AND I JUST -- I JUST WANTED TO THANK A FEW PEOPLE. I THANK
LEADER BARCLAY, THANK OUR FLOOR LEADERSHIP HERE, MR. GOODELL AND
MARY BETH WALSH; YOU'VE BEEN GREAT MENTORS TO ME. I'VE HAD THE
PRIVILEGE THIS SESSION IN SITTING IN THE BACK ROW OF COMMON SENSE WITH
SOME GREAT JOKERS WHO HAVE TAUGHT ME A LOT. AND MADAM MAJORITY
LEADER, FROM YOUR QUOTES AT THE BEGINNING OF SESSION TO LITTLE QUIPS IN
THE HALLWAY, I'VE APPRECIATED YOUR LEADERSHIP, AS WELL.
FOR THE GOOD OF THE BODY, THERE ARE SOME INCREDIBLY
FINE POLICYMAKERS AND LEGISLATORS THAT ARE HERE. THERE ARE ALSO SOME
THAT KIND OF STINK. I HOPE THAT THE VOTERS CAN SORT OUT THE DIFFERENCE
THIS FALL. THANK YOU, MR. SPEAKER.
(LAUGHTER)
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NYS ASSEMBLY JUNE 3, 2022
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I -- I WILL WISH MY
COLLEAGUE SUCCESS IN HIS NEW JOB, BUT I WOULD ALSO REMIND HIM THAT
SOMETIMES IN ORDER TO KNOW SOMETHING STINKS, YOU HAVE TO KNOW HOW
TO SMELL SO...
(LAUGHTER)
AND SOME OF COLLEAGUES WOULD NOT LIKE TO SUPPORT
THIS LEGISLATION, SO MR. BURKE, MR. CONRAD, MS. MCMAHON, MR.
RAMOS, MS. WALLACE, MR. BARNWELL, MR. DINOWITZ AND MS.
BUTTENSCHON ARE NO VOTES ON THIS PIECE OF LEGISLATION.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09909, RULES REPORT
NO. 724, SCHMITT. AN ACT TO AMEND CHAPTER 510 OF THE LAWS OF 2016,
AMENDING THE TAX LAW RELATING TO THE IMPOSITION OF A HOTEL AND MOTEL
TAX IN THE TOWN OF WOODBURY, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
SCHMITT, 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 8734. THIS IS A FAST ROLL CALL. ANY MEMBER
527
NYS ASSEMBLY JUNE 3, 2022
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER. I DON'T
KNOW THAT MUCH ABOUT THE HOTEL/MOTEL -- I DON'T KNOW THAT MUCH ABOUT
THE HOTEL/MOTEL TAX IN THE TOWN OF WOODBURY, BUT I KNOW THAT THE
INDIVIDUAL THAT'S CARRYING THIS PIECE OF LEGISLATION (INAUDIBLE) COLIN
SCHMITT, IS GOING TO BE AN EXCELLENT CONGRESSMAN. AND FROM THE DAY
THAT WE WERE INTERNS TOGETHER AND SHARED A CONFERENCE ROOM IN THE
STATE SENATE TO THIS VERY DAY, I'VE WATCHED THIS INDIVIDUAL GROW,
EXCITED THAT HE GOT ELECTED TO THE STATE ASSEMBLY AND HAS REPRESENTED
HIS DISTRICT VERY WELL AND I KNOW FEDERALLY HE WILL DO THE SAME FOR US.
SO WITH THAT, I VOTE TO SUPPORT THIS LEGISLATION AND WILL ALWAYS SUPPORT
COLIN SCHMITT.
ACTING SPEAKER AUBRY: MR. WALCZYK IN THE
AFFIRMATIVE.
MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, PLEASE NOTE OUR
COLLEAGUES IN THE NEGATIVE ON THIS BILL: MR. BURKE, MR. CONRAD, MS.
MCMAHON, MR. STIRPE, MR. RAMOS, MS. WALLACE, MR. BARNWELL, MR.
DINOWITZ AND MS. BUTTENSCHON.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
528
NYS ASSEMBLY JUNE 3, 2022
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECALL RULES REPORT NO. 720 BY MR. HAWLEY; IT'S GOING TO GO
STRAIGHT TO A VOTE.
ACTING SPEAKER AUBRY: CERTAINLY.
PAGE 12, RULES REPORT NO. 720, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09862, RULES REPORT
NO. 720, HAWLEY. AN ACT EXTENDING THE TIME WITHIN WHICH CERTAIN
ELECTED OFFICERS MAY FILE THEIR OATHS OF OFFICE.
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 8775. 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. A09920, RULES REPORT
NO. 725, ABINANTI, DARLING. AN ACT TO AMEND THE MENTAL HYGIENE
LAW, IN RELATION TO REQUIRING THAT APPLICATIONS SUBMITTED BY INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES FOR ELIGIBILITY DETERMINATIONS AND
SERVICE AUTHORIZATIONS BE PROCESSED IN A TIMELY MANNER.
529
NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABINANTI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8442. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED AS 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. A09981-A, RULES
REPORT NO. 727, RA. AN ACT IN RELATION TO AUTHORIZING THE ASSESSOR OF
THE COUNTY OF NASSAU TO ACCEPT FROM THE MINEOLA UNION FREE SCHOOL
DISTRICT AN APPLICATION FOR EXEMPTION FROM REAL PROPERTY TAXES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
RA, 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 8940-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.
530
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09997-A, RULES
REPORT NO. 728, DURSO. AN ACT IN RELATION TO AUTHORIZING THE GOOD
SAMARITAN HOSPITAL MEDICAL CENTER TO FILE AN APPLICATION FOR A REAL
PROPERTY TAX EXEMPTION.
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 9997-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 VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
(PAUSE)
OH, THE BILL IS PASSED. I'M SORRY.
THE CLERK: ASSEMBLY NO. A10018, RULES REPORT
NO. 729, ZEBROWSKI, JEAN-PIERRE, MCDONALD, FAHY, BARRETT, PHEFFER
AMATO, LAVINE, TAPIA, GRIFFIN, STIRPE, GALEF, CUSICK, WOERNER,
JACOBSON, SILLITTI, LAWLER, CONRAD, JONES, ANDERSON, MAGNARELLI, STERN,
ABINANTI. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
531
NYS ASSEMBLY JUNE 3, 2022
AUTHORIZING SCHOOL BOARDS TO INCLUDE INFORMATION REGARDING THE
INSTALLATION OF A PANIC ALARM SYSTEM IN ANY SCHOOL IN THE DISTRICT IN THE
DISTRICT-WIDE SAFETY PLAN.
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 7132-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.
MR. LAWLER: THANK YOU, MR. SPEAKER. I WANT TO
COMMEND MR. ZEBROWSKI FOR GETTING THIS BILL PASSED IN THE FINAL DAYS
OF SESSION. THE OTHER DAY WE INTRODUCED THE MOTHER OF ONE OF THE
VICTIMS OF THE PARKLAND SHOOTING, AND SHE WANTED TO SEE THIS BILL
PASSED THIS WEEK. AND IT REALLY IS FITTING THAT AS WE CLOSE OUT THIS
LEGISLATIVE SESSION, ALYSSA'S LAW WILL ULTIMATELY BECOME LAW. AND I
WANT TO THANK THE SPEAKER AND THE MAJORITY LEADER FOR HELPING
SHEPHERD THIS THROUGH. I THINK WE'VE ALL SEEN ACROSS THE COUNTRY AND
HERE IN NEW YORK STATE A LOT OF TRAGEDY IN THE LAST FEW WEEKS, AND THIS
BILL IS IMPORTANT AS WE MOVE FORWARD TO TRY AND ENSURE THAT THESE
SHOOTINGS IN OUR SCHOOLS DON'T HAPPEN AGAIN. AND SO I WANT TO THANK
MR. ZEBROWSKI FOR GETTING THIS DONE AND ALL OF MY COLLEAGUES FOR
532
NYS ASSEMBLY JUNE 3, 2022
SUPPORTING IT. THANK YOU.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10024-A, RULES
REPORT NO. 730, BLANKENBUSH, WALCZYK. AN ACT TO AMEND THE
HIGHWAY LAW, IN RELATION TO DESIGNATING A PORTION OF THE STATE
HIGHWAY SYSTEM AS THE "COLONEL MICHAEL PLUMMER MEMORIAL
HIGHWAY."
ACTING SPEAKER AUBRY: 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 AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8726-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.)
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10025-C, RULES
REPORT NO. 731, DESTEFANO. AN ACT IN RELATION TO AUTHORIZING EKKLESIA
LONG ISLAND CENTER MINISTRIES TO FILE WITH THE TOWN OF BROOKHAVEN
533
NYS ASSEMBLY JUNE 3, 2022
ASSESSOR AN APPLICATION FOR CERTAIN REAL PROPERTY TAX EXEMPTIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DESTEFANO, 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 ASSEMBLY PRINT 10 -- NO -- SENATE PRINT 8744-C. THIS IS A
FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10032, RULES REPORT
NO. 732, DESTEFANO. AN ACT IN RELATION TO AUTHORIZING THE TOWN OF
BROOKHAVEN, COUNTY OF SUFFOLK ASSESSOR TO ACCEPT AN APPLICATION FOR A
REAL PROPERTY TAX EXEMPTION FROM THE BROOKHAVEN FIRE DISTRICT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DESTEFANO, 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 8872. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
534
NYS ASSEMBLY JUNE 3, 2022
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. A10064-A, RULES
REPORT NO. 734, E. BROWN. AN ACT AUTHORIZING THE BAIS TEFILA OF
INWOOD TO RECEIVE A RETROACTIVE REAL PROPERTY TAX EXEMPTION STATUS.
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 10064-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. A10067, RULES REPORT
NO. 735, SCHMITT. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING AN OCCUPANCY TAX IN THE VILLAGE OR HIGHLAND FALLS; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
SCHMITT, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
535
NYS ASSEMBLY JUNE 3, 2022
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 SENATE PRINT 8845-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, MR. SPEAKER.
NOTWITHSTANDING EARLIER CONGRATULATIONS FOR HIS LAST BILL, THIS IS HIS LAST
BECAUSE IF ANYTHING ELSE COMES UP, I'LL LAY IT ASIDE. BUT IT'S BEEN A
GREAT PLEASURE WORKING WITH MR. SCHMITT. ANOTHER ONE OF THE GUYS
THAT I HAVE TO LOOK UP TO. HE'S GOT A SHOCKING CAREER BECAUSE HE'S THE
ONLY ONE I KNOW THAT'S ACTUALLY BEEN STRUCK BY LIGHTENING. HE SERVES AS
OUR RANKER ON I THINK LOCAL -- LOCAL GOVERNMENT, YES? PASSIONATE
VETERAN, NOW RUNNING FOR CONGRESS. HE'S DONE A GREAT JOB FOR US AND
HE WILL DO A GREAT JOB FOR US IN CONGRESS. THANK YOU SO MUCH, IT WAS
-- IT HAS BEEN A GREAT HONOR WORKING WITH YOU.
ACTING SPEAKER AUBRY: ONE LAST ONE.
(APPLAUSE)
SO MR. SCHMITT, I LIED. WHEN YOU FIRST PASSED A BILL
AND I SAID YOU COULD FORGET ABOUT THEM STANDING UP AND CLAPPING, SO
NOW WE LEARN YOU PASSED THE FIRST ONE AND THE LAST ONE AND YOU GET
CLAPS.
MR. -- MR. SCHMITT.
536
NYS ASSEMBLY JUNE 3, 2022
MR. SCHMITT: THANK YOU, MR. SPEAKER. I THINK
THIS MAY ACTUALLY BE MY LAST BILL. I APPRECIATE ALL THE KIND WORDS THAT
HAVE BEEN SPOKEN TO ME ON THE FLOOR AND PRIVATELY. BUT I WANTED TO
JUST TAKE A -- A QUICK MINUTE TO, IN PARTICULAR, THANK MY WIFE, NIKKI,
MY FAMILY, WHO HAVE BEEN AMAZINGLY SUPPORTIVE IN THE JOURNEY TO -- TO
GET ELECTED TO THE STATE ASSEMBLY AND TO SERVE. IT WOULDN'T BE
POSSIBLE, AS WE ALL KNOW, WITHOUT THE LOVE AND SUPPORT OF OUR FAMILY.
ALL OF MY COLLEAGUES AND LEADERSHIP FOR GIVING ME THE OPPORTUNITY TO
-- TO GROW PROFESSIONALLY HERE IN THE STATE ASSEMBLY, MY AMAZING STAFF
PRESENT AND WHO HAVE SERVED THROUGHOUT MY TERM, INCLUDING TAYLOR,
SEAN, ANDREW, COURTNEY AND -- AND SO MANY OTHERS WOULD HAVE SERVED
IN THAT DISTRICT WITH HONOR AND DISTINCTION. ALL MY CONSTITUENTS WHO
HAVE TRULY GIVEN ME THE HONOR OF A LIFETIME TO SERVE FOR THESE LAST TWO
TERMS TO REPRESENT PARTS OF ORANGE AND ROCKLAND COUNTIES. I WILL NOT
BE RETURNING IN A PUBLIC ROLE IN THIS CHAMBER AFTER THE ELECTION, BUT IT
WOULD BE MY PRIVILEGE TO CONTINUE TO SERVE IN ALL AVAILABLE CAPACITIES,
INCLUDING IN THE MILITARY. ONCE WE'RE DONE HERE I GET TO DRIVE RIGHT TO
DRILL, AND I APPRECIATE SERVING WITH EVERYBODY. GOD BLESS. THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ARE THERE --
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I DO HAVE A FEW OTHER VOTES FOR THE GENTLEMAN ON HIS LAST BILL.
THESE ARE VOTES -- THESE VOTES ARE NOS. YOU'LL SEE THAT WE PROBABLY
537
NYS ASSEMBLY JUNE 3, 2022
WILL SEE SOMETHING SIMILAR WHEN YOU GET TO YOUR NEXT OFFICE, BUT YOU
KNOW, WE LIKE TO TALK ABOUT NOT DOING TAXES, BUT WE ALWAYS LIKE TO
HAVE BILLS THAT CREATE THEM. THERE ARE SOME PEOPLE WHO DON'T AGREE
WITH YOU: MR. BURKE, MR. CONRAD, MS. MCMAHON, MR. RAMOS, MR.
STIRPE, MS. WALLACE, MR. DINOWITZ, MS. BUTTENSCHON, AS WELL AS MR.
BARNWELL. THEY DISAGREE WITH YOUR BILL, BUT...
ACTING SPEAKER AUBRY: SO NOTED.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU
PLEASE RECORD MR. NORRIS IN THE NEGATIVE ON THIS PIECE OF LEGISLATION?
THANK YOU.
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. A10110, RULES REPORT
NO. 736, JENSEN. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO
DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "SERGEANT
GARY BEIKIRCH MEMORIAL HIGHWAY."
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
JENSEN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9028. THIS IS A FAST ROLL CALL. ANY MEMBER
538
NYS ASSEMBLY JUNE 3, 2022
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10133, RULES REPORT
NO. 737, SMULLEN. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN
RELATION TO WAIVING THE RESIDENCY REQUIREMENT FOR THE INFORMATION
SERVICES DIRECTOR FOR HERKIMER COUNTY.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
SMULLEN, 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 8790. 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. A10172-A, RULES
REPORT NO. 738, COMMITTEE ON RULES (LAWLER). AN ACT TO AUTHORIZE
THE ASSESSOR OF THE TOWN OF RAMAPO, COUNTY OF ROCKLAND, TO ACCEPT
539
NYS ASSEMBLY JUNE 3, 2022
AN APPLICATION FOR A REAL PROPERTY TAX EXEMPTION FROM THE SPRING
VALLEY CHURCH OF THE NAZARENE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LAWLER, 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 8881-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. A10173, RULES REPORT
NO. 739, COMMITTEE ON RULES (SALKA). AN ACT TO AMEND CHAPTER 332
OF THE LAWS OF 2019, AMENDING THE TAX LAW RELATING TO AUTHORIZING
THE COUNTY OF MADISON TO IMPOSE AN ADDITIONAL MORTGAGE RECORDING
TAX, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY
SALKA, 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 8905. THIS IS A FAST ROLL CALL. ANY MEMBER
540
NYS ASSEMBLY JUNE 3, 2022
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. ALTHOUGH
HE'S NOT HERE WITH US RIGHT NOW, MR. SALKA, THIS IS HIS LAST BILL. AND I
JUST WANTED TO RECOGNIZE THAT. I KNOW, I FEEL LIKE THERE'S NOT GOING TO
BE ANYBODY LEFT, BUT I KNOW THAT WE'LL HAVE NEW PEOPLE COMING IN NEXT
YEAR, WHICH IS GOING TO BE AWESOME, TOO. BUT MR. GOODELL AND, WITH
HIS WIT, SUGGESTED THAT I START OUT BY SAYING THAT MR. SALKA, I HAVE BEEN
100 PERCENT BEHIND MR. SALKA, BUT... NO, JOHN. ACTUALLY, JOHN CAME A
COUPLE YEARS AFTER I DID AND HE'S A GREAT GUY AND A REALLY GOOD MAN. I
REALLY ENJOYED TALKING TO HIM SINCE WE'VE BEEN SO PROXIMATE OVER THE
LAST FEW YEARS. AND I WISH HIM VERY WELL WITH HIS NEXT STEPS, WHATEVER
THEY MAY BE. SO THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. WE'LL GET
AN OPPORTUNITY TO SAY GOODBYE TO MR. SALKA AT ANOTHER TIME, NO DOUBT.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, SOME OF
OUR COLLEAGUES, AGAIN, DON'T AGREE WITH THE BILL THAT'S IN FRONT OF US,
EVEN THOUGH IT IS MR. SALKA'S LAST ONE. REGRETFULLY, WE HAVE NOS:
CONRAD, MCMAHON, RAMOS, WALLACE, BARNWELL, DINOWITZ, AND
BUTTENSCHON. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
541
NYS ASSEMBLY JUNE 3, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10196, RULES REPORT
NO. 740, COMMITTEE ON RULES (J. M. GIGLIO). AN ACT TO AMEND THE
TOWN LAW AND THE PUBLIC OFFICERS LAW, IN RELATION TO AUTHORIZING THE
TOWN JUSTICE OF THE TOWN OF RUSHFORD, COUNTY OF ALLEGANY, TO BE A
NONRESIDENT OF SUCH TOWN.
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 10196. 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. A10207-A, RULES
REPORT NO. 741, COMMITTEE ON RULES (LAWLER). AN ACT TO AMEND THE
TAX LAW, IN RELATION TO AUTHORIZING THE IMPOSITION OF AN OCCUPANCY TAX
IN THE VILLAGE OF NYACK; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
542
NYS ASSEMBLY JUNE 3, 2022
LAWLER, 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 9060-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: MR. SPEAKER, IF WE COULD
RECORD OUR COLLEAGUES MR. BURKE, MR. CONRAD, MS. MCMAHON, MR.
RAMOS, MR. STIRPE, MS. WALLACE, MR. BARNWELL, MR. DINOWITZ, AS WELL
AS MS. BUTTENSCHON IN THE NEGATIVE ON THIS PIECE OF LEGISLATION.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10240, RULES REPORT
NO. 742, COMMITTEE ON RULES (B. MILLER). AN ACT TO AUTHORIZE DONALD
KANE OF THE VILLAGE OF MOHAWK TO TAKE THE COMPETITIVE CIVIL SERVICE
EXAMINATION FOR THE POSITION OF POLICE OFFICER AND BE PLACE ON THE
ELIGIBLE LIST FOR EMPLOYMENT AS A FULL-TIME POLICE OFFICER FOR THE VILLAGE
OF MOHAWK POLICE DEPARTMENT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MILLER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
543
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9112. 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. A10253-A, RULES
REPORT NO. 744, COMMITTEE ON RULES (DESTEFANO). AN ACT IN RELATION
TO AUTHORIZING THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK ASSESSOR TO
ACCEPT AN APPLICATION FOR A REAL PROPERTY TAX EXEMPTION FROM WORD OF
TRUTH CHURCH, INC.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DESTEFANO, 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 9145-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.)
544
NYS ASSEMBLY JUNE 3, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10270, RULES REPORT
NO. 746, COMMITTEE ON RULES (CAHILL). AN ACT TO AMEND CHAPTER 463
OF THE LAWS OF 2000 RELATING TO AUTHORIZING THE VILLAGE OF SAUGERTIES
TO LEASE THE WATERFRONT PARK LAND AND CONVEY A RIGHT OF WAY TO THE
HUDSON RIVER SLOOP CLEARWATER, INC., IN RELATION TO THE NUMBER AND
DESCRIPTION OF COURSES IN THE RIGHT OF WAY EASEMENT.
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 9083. 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. A10360, RULES REPORT
NO. 748, COMMITTEE ON RULES (ABBATE, CUSICK, ROZIC, BARNWELL,
NOLAN, D. ROSENTHAL, BRAUNSTEIN, HEVESI, FALL, CRUZ, HYNDMAN). AN
ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO
ALLOWING CERTAIN MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND
TO BORROW FROM CONTRIBUTIONS.
545
NYS ASSEMBLY JUNE 3, 2022
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 9327. 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. A10380, RULES REPORT
NO. 750, COMMITTEE ON RULES (LAWLER). AN ACT TO AMEND THE REAL
PROPERTY TAX LAW, IN RELATION TO EXTENDING LIMITATIONS ON THE SHIFT
BETWEEN CLASSES OF TAXABLE PROPERTY IN THE TOWN OF ORANGETOWN,
COUNTY OF ROCKLAND.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LAWLER, 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 9332. 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.
546
NYS ASSEMBLY JUNE 3, 2022
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10391, RULES REPORT
NO. 751, COMMITTEE ON RULES (LEMONDES). AN ACT TO AMEND THE
NOT-FOR-PROFIT CORPORATION LAW, IN RELATION TO EXEMPTING THE CAMILLUS
VOLUNTEER FIRE DEPARTMENT, INC. FROM THE REQUIREMENT THAT THE
PERCENTAGE OF NONRESIDENT FIRE DEPARTMENT MEMBERS NOT EXCEED 45
PERCENT OF THE MEMBERSHIP.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LEMONDES, 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 7674. 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. A10399, RULES REPORT
NO. 752, COMMITTEE ON RULES (BARCLAY). AN ACT TO AUTHORIZE DONALD
QUEHL TO TAKE THE COMPETITIVE CIVIL SERVICE EXAMINATION AND BE
547
NYS ASSEMBLY JUNE 3, 2022
PLACED ON THE ELIGIBLE LIST FOR APPOINTMENT AS A FULL-TIME POLICE OFFICER
FOR THE VILLAGE OF PULASKI, COUNTY OF OSWEGO.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BARCLAY, 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 8951. 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. A10400-B, RULES
REPORT NO. 753, COMMITTEE ON RULES (LAWLER). AN ACT TO AMEND THE
PUBLIC OFFICERS LAW THE VILLAGE LAW, IN RELATION TO RESIDENCY
REQUIREMENTS FOR VILLAGE JUSTICE OF CHESTNUT RIDGE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LAWLER, 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 9374. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
548
NYS ASSEMBLY JUNE 3, 2022
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. A10414-A, RULES
REPORT NO. 754, COMMITTEE ON RULES (NIOU, FALL). AN ACT TO AMEND
THE REAL PROPERTY TAX LAW, IN RELATION TO AUTHORIZING ELIGIBILITY FOR
SCRIE AND DRIE FOR TENANTS OF PROPERTIES LOCATED IN BATTERY PARK CITY
(PART A); TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO
AUTHORIZING ELIGIBILITY FOR THE SENIOR CITIZEN HOMEOWNERS'
EXEMPTION (SCHE) AND THE DISABLED HOMEOWNERS' EXEMPTION (DHE)
FOR PROPERTY IN BATTERY PARK CITY (PART B); AND DIRECTING THE BATTERY
PARK CITY AUTHORITY TO EXTEND ITS LEASE WITH THE CITY OF NEW YORK
(PART C).
ACTING SPEAKER AUBRY: 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 AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY -- SENATE PRINT 9032-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.)
549
NYS ASSEMBLY JUNE 3, 2022
MS. SOLAGES.
MS. SOLAGES: THIS MORNING WE'RE SAYING GOODBYE
TO A LOT OF FRIENDS, BUT I ALSO WANT TO SAY GOODBYE TO MY FRIEND,
YUH-LINE NIOU. YOU KNOW, I GOT TO KNOW YOU AS AN E-BOARD MEMBER
OF THE PUERTO RICAN -- THE BLACK, PUERTO RICAN, HISPANIC AND ASIAN
CAUCUS. YOU KNOW, THERE ARE MANY TIMES WHERE WE SAT LONG NIGHTS
WRITING BUDGET BOOKS, YOU KNOW, MEETING, WORKSHOPS, WRANGLING
MEMBERS, AND I'VE GROWN TO NOTICE THAT YOU'RE A VERY THOUGHTFUL AND
HARD-WORKING LEGISLATOR. IT'S -- I'VE GROWN TO APPRECIATE YOUR DRIVE FOR
TRUTH AND JUSTICE. THEY SAY COURAGE STARTS WITH SHOWING UP AND LETTING
OURSELVES BE SEEN, SO WHETHER IT'S FOR THE AAPI COMMUNITY, TENANTS OR
SURVIVORS, YOU HAVE ALWAYS AMPLIFIED THOSE WHO WERE MARGINALIZED.
YOU WOULD BE MISSED, GOOD LUCK ON YOUR NEXT STEPS, AND TELL SAM I
LOVE YOU, OKAY? THANK YOU AND GOOD LUCK.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT.
MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER. I
WOULD JUST LIKE TO ASSOCIATE MYSELF WITH THE COMMENTS JUST MADE BY
MEMBER SOLAGES. AS -- AS WE ARE SEEING, THERE'S A TREMENDOUS NUMBER
OF PEOPLE OF THIS INSTITUTION WHO ARE LEAVING. BUT PEOPLE DON'T LEAVE,
THEY GO SOMEWHERE. AND YUH-LINE, I KNOW YOU'RE GOING TO GO
SOMEWHERE BECAUSE YOU HAVE ALL THE RIGHT STUFF. AND WE SPOKE
YESTERDAY, YOU ASKED ME IF I WAS FEELING SAD FOR SOME REASON BECAUSE
IT WAS ON MY FACE, BUT IT WAS BECAUSE I WAS THINKING THAT YOU WERE
LEAVING AND THAT MADE ME SAD. IT'S A MELANCHOLY MOMENT TO SEE ALL OF
550
NYS ASSEMBLY JUNE 3, 2022
OUR COLLEAGUES WHO ARE MOVING ON TO NEW CHALLENGES, AND YOU ARE A
PART OF THAT PATTERN. IT'S PART OF THE RHYTHM OF OUR INSTITUTION FOR --
ESPECIALLY THAT'S THE CASE FOR TALENTED PEOPLE AND YOU HAVE GREAT
INTELLECT AND HAVE BEEN A DE FACTO MEMBER OF THE ENVIRONMENTAL
CONSERVATION COMMITTEE EVEN THOUGH YOU HAVEN'T ACTUALLY BEEN ON
THAT COMMITTEE, YOU HAVE BEEN ENGAGED WITH ALL OF THE MAJOR
ENVIRONMENTAL ISSUES AS THEY'VE COME -- COME UP, AND THE DEPTH OF
YOUR INTELLECT AND THE WAY THAT YOU HAVE ACTED AS A SOUNDING BOARD IS
SOMETHING THAT I TREASURE AND WILL ALWAYS REMEMBER. YOUR TALENT WILL
ENABLE YOU TO HAVE THE ROAD OPEN BEFORE YOU AS YOU GO TO YOUR NEXT
CHAPTER OF YOUR SERVICE. BUT I HOPE YOU STAY IN TOUCH WITH ALL OF US
AND ESPECIALLY WITH ME, IF I CAN JUST BE SELFISH. AND ALSO JUST WANT TO
POINT OUT WE DISCOVERED THAT WE HAVE SOMETHING IN COMMON; YOU LIVE
NEAR THE FRAUNCES TAVERN WHERE GEORGE WASHINGTON MADE HISTORY,
AND IN MY DISTRICT GEORGE WASHINGTON CAME - HE MUST HAVE DONE A LOT
OF DRINKING --
(LAUGHTER)
-- BUT HE CAME TO ANOTHER TAVERN, THE ROE TAVERN IN
SETAUKET. YOU'RE GOING TO CONTINUE TO MAKE HISTORY, AS WELL. THANK
YOU FOR YOUR SERVICE HERE AND THANK YOU FOR YOUR FRIENDSHIP, AND FOR
BEING THE SOUNDING BOARD ON ALL OF THE ENVIRONMENTAL ISSUES THAT WE'VE
HAD A CHANCE TO WORK ON IN THE TIME YOU HAVE BEEN HERE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. ANDERSON.
MR. ANDERSON: THANK YOU, MR. SPEAKER, TO
551
NYS ASSEMBLY JUNE 3, 2022
SPEAK ON THE BILL, WHICH IS MS. NIOU. I AM JUST -- WE HAVE BEEN UP FOR
20-PLUS HOURS AND SO MANY OF OUR COLLEAGUES ARE LEAVING, BUT I WANTED
TO JUST TAKE A MOMENT TO JUST SHARE HOW MUCH WE'RE GOING TO MISS
YUH-LINE NIOU AND HER REPRESENTATION THAT SHE BRINGS TO THIS CHAMBER.
I FIRST MET YUH-LINE WHEN I WAS AN ACTIVIST AND A
CANDIDATE IN 2019 COMING UP HERE FOR CAUCUS WEEKEND; YES, I WAS ONE
OF THOSE FOLKS KNOCKING ON ALL YOUR DOORS TRYING TO GET YOU GUYS TO GET
ON THIS BILL OR THAT BILL, AND I WAS TRYING -- I THINK I WAS TRYING TO
CONVINCE HER OR SOME OF THE OTHER LEGISLATORS ABOUT HALT SOLITAIRE OR
ONE OF THE BILLS THAT WAS IMPORTANT AT THE TIME. AND SHE WELCOMED ME
WITH OPEN ARMS, SHE WAS KIND, SHE WAS HUMBLE, SHE TOOK PHOTOS WITH
ME AND IT JUST WAS A BEAUTIFUL MOMENT FOR ME BECAUSE I'M STILL
LEARNING, I'M STILL LEARNING IN THAT SPACE, BUT IT SPEAKS TO THE CHARACTER
OF THE INDIVIDUAL, SOMEONE WHO FIGHTS WITH HER ENTIRE HEART AND FIGHTS
WITH COURAGE, AND SOMEONE WE'RE GOING TO ABSOLUTELY MISS HERE IN THE
CHAMBER, HER IMPASSIONED SPEECHES AND EVERYTHING THAT SHE
CONTRIBUTES TO THIS BODY AND EVERYTHING SHE CONTRIBUTES TO ALL OF HER
COLLEAGUES AND EVERYONE THAT SHE POURS INTO. IT'S BEEN AMAZING TO CALL
YOU A COLLEAGUE, A FRIEND, AND I WISH YOU NOTHING BUT THE BEST AND
GOOD LUCK AS YOU GO ON TO YOUR NEXT JOURNEY AND CONTINUE TO FIGHT FOR
EVERYTHING THAT YOU BELIEVE IN. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
ANDERSON.
MR. EPSTEIN.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I JUST WANT
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NYS ASSEMBLY JUNE 3, 2022
TO THANK A FIERCE WARRIOR AND AN AMAZING FRIEND. I REALLY DIDN'T FEEL
ALONE WHEN YOU WERE HERE, I FELT LIKE YOU WERE FIGHTING ALONG SIDE
WITH ME FOR WHAT WE BELIEVED IN. I WILL MISS YOU DEARLY AND MY HEART
GOES WITH YOU WHEREVER YOU GO. THANK YOU.
ACTING SPEAKER AUBRY: MS. GLICK.
MS. GLICK: YUH-LINE, YOU'VE HAVE BEEN A
COLLEAGUE, BUT YOU'VE ALSO BEEN A NEIGHBOR. OUR DISTRICTS HAVE BEEN
NEXT TO EACH OTHER, WE HAVE DONE SOME REALLY GOOD WORK TOGETHER AND
I KNOW THAT YOU'RE JUST A STONE'S THROW AWAY. SO THIS ISN'T JUST, YOU
KNOW, THIS IS GOODBYE TO THIS PLACE BUT THIS IS JUST A BRIEF FAREWELL, AND
I'M SURE THAT WE WILL CONTINUE TO CROSS PATHS AND WORK TOGETHER IN THE
FUTURE. AND OF COURSE, WE ALL WISH YOU THE VERY BEST, BUT IT'S, YOU
KNOW, PARTING IS, YOU KNOW, BITTERSWEET, BUT I DON'T THINK THAT IT WILL BE
FOR LONG. SO BEST OF LUCK.
ACTING SPEAKER AUBRY: MR. GOTTFRIED.
MR. GOTTFRIED: MR. SPEAKER, I JUST WANT TO
COMMEND YUH-LINE FOR BEING SOMEBODY WITH REAL PERSONAL COURAGE
AND PASSION AND DEEP COMMITMENT TO STRONG PROGRESSIVE PRINCIPLES. IT
HAS SERVED YOU AND THE ASSEMBLY WELL AND I THINK WE ALL WISH YOU
WELL GOING FORWARD.
ACTING SPEAKER AUBRY: LITTLE SISTER, WHO IS
GOING TO STOP AND ASK ME HOW I FEEL? GOD BLESS.
MRS. PEOPLES-STOKES -- EXCUSE ME.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO SPEAK ABOUT MS. NIOU. I REMEMBER
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NYS ASSEMBLY JUNE 3, 2022
WHEN SHE FIRST CAME HERE, ALL JUST GREAT IDEAS AND WANTING THINGS TO
HAPPEN FAST, AND JUST GETTING TO THE REALITY THAT EVEN THOUGH YOU WANT IT
TO GO THAT WAY, SOMETIMES IT ALWAYS DOESN'T. AND SO YOU JUST GOT TO
DIG IN, PICK A LANE, STAY IN IT AND KEEP GOING FOR IT. AND I HAD A CHANCE
TO SHARE MANY MEALS WITH HER, I'VE EVEN BEEN TO HER HOUSE. I
REMEMBER VIVIDLY, THOUGH, WHEN THE SPEAKER'S DAUGHTER, TAYLOR, WHO
IS NOW A TEENAGER WAS ABOUT, I WANT TO SAY SEVEN OR EIGHT, AND OUR
COLLEAGUE, SHE'S HAD HER DAUGHTER HERE AND I WANT TO SAY MR. DILAN HAD
HIS TWO CHILDREN HERE, AND SHE HAD HER SERVICE DOG. THAT POOR DOG WAS
RUNNING SO HARD FROM THOSE CHILDREN, THEY WERE RUNNING THROUGH THE
CHAMBER LIKE -- SO WE ACTUALLY HAD A BABY CAUCUS HERE BEFORE WE GOT
NEW BABIES. AND THEY HAD SUCH DELIGHT WITH YUH-LINE'S DOG. AND I
DIDN'T REALLY UNDERSTAND THE PURPOSE OF SERVICE DOGS UNTIL I UNDERSTOOD
HER AND I SAW THE RELATIONSHIP THAT SHE HAD WITH HER DOG. AND I THINK
IT'S A BEAUTIFUL THING. FOR WHATEVER REASON THE NEED IS, IT'S A BEAUTIFUL
THING THAT'S INTENDED SPECIFICALLY FOR YOU BY GOD SO THAT OTHER PEOPLE
CAN SEE THAT SURVIVAL IS POSSIBLE EVEN WITH AN ANIMAL ALONG SIDE OF YOU.
SO CONGRATULATIONS, YUH-LINE, DO WELL AND KEEP SOARING.
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. NIOU.
MS. NIOU: THANK YOU, MR. SPEAKER. I DON'T THINK I
SHOULD EVER LET STEVE TALK BEFORE ME, BUT I JUST WANT TO SAY THANK YOU
TO ALL OF YOU. I WANT TO SAY THANK YOU, ESPECIALLY TO MY SPEAKER, TO MY
MAJORITY LEADER WHO TOOK ME UNDER HER WING WHEN I FIRST CAME, MY
COLLEAGUES, ALL OF THE STAFF WHO WERE ABLE TO HELP OUT FOR ALL OF THE MOST
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NYS ASSEMBLY JUNE 3, 2022
DIFFICULT TIMES, AND ESPECIALLY I WANT TO THANK MY CONSTITUENTS FOR
ALLOWING ME TO SERVE THEM; I THINK THAT THAT'S THE MOST IMPORTANT PART.
I HAVE LEARNED SO MUCH FROM ALL OF YOU, BUT I THINK WHAT I SAW THE
MOST WAS THAT EVERY SINGLE ONE OF YOU CARE SO MUCH ABOUT YOUR
CONSTITUENCY THAT EVEN IF OUR VIEWPOINTS ARE DIFFERENT, EVEN IF WE
MIGHT DIFFER IN HOW WE SERVE, AND EVEN IF WE DIFFER IN HOW WE LEAD,
THAT YOU'RE ALL USING ALL OF THE GIFTS THAT YOU HAVE IN ORDER TO BEST SERVE
THE PEOPLE THAT YOU CARE ABOUT AND THE PLACES THAT YOU COME FROM.
I HAVE LEARNED THAT IN THIS BODY WE HAVE A
TREMENDOUS AMOUNT OF TALENT. I HAVE LEARNED THAT, YOU KNOW, ALL OF US
HAVE DIFFERENT PLACES THAT -- THAT ARE IMPORTANT TO US, AND ALL OF OUR
PERSPECTIVES ARE RIGHT. I KNOW THAT'S STRANGE, BUT IT'S HOW WE MAKE
GOOD POLICY IS WHEN WE SEE THINGS THROUGH DIFFERENT LENSES AND
DIFFERENT PERSPECTIVES. AND THAT'S HOW WE MAKE THE POLICY THAT WE DO
TO MAKE A BETTER NEW YORK. AND IT WAS AN HONOR, THE HONOR OF MY LIFE
TO BE ABLE TO SERVE WITH THIS BODY, AND I JUST AM SO GRATEFUL THAT I HAD
THE OPPORTUNITY AND I HOPE THAT I WILL ALWAYS BE ABLE TO SERVE WITH YOU.
THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
YUH-LINE'S BILL IS PASSED.
(APPLAUSE)
THE CLERK: ASSEMBLY NO. A10422, RULES REPORT
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NYS ASSEMBLY JUNE 3, 2022
NO. 755, COMMITTEE ON RULES (ABBATE). AN ACT TO AMEND THE
RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO ESTABLISHING AN
ACCIDENTAL DISABILITY RETIREMENT PENSION FOR DEPUTY SHERIFFS EMPLOYED
BY NASSAU COUNTY.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 10422. 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. A10434-A, RULES
REPORT NO. 756, COMMITTEE ON RULES (E. BROWN). AN ACT AUTHORIZING
CHABAD OF OCEANSIDE, INC., TO RECEIVE RETROACTIVE REAL PROPERTY EXEMPT
STATUS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BROWN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY JUNE 3, 2022
THE VOTE ON SENATE 7906-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. A10435, RULES REPORT
NO. 757, COMMITTEE ON RULES (WALSH, WOERNER, MCDONALD,
SIMPSON). AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION
TO PERMITTING THE ELECTRONIC APPEARANCE OF A DEFENDANT IN THE COUNTY
OF SARATOGA.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WALSH, 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 9350. 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.)
READ THE LAST -- ARE THERE ANY OTHER VOTES? ANNOUNCE
THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 3, 2022
THE CLERK: ASSEMBLY NO. A10448-A, RULES
REPORT NO. 758, COMMITTEE ON RULES (LAWLER). AN ACT TO AUTHORIZE
THE ASSESSOR OF THE TOWN OF RAMAPO, COUNTY OF ROCKLAND, TO ACCEPT
AN APPLICATION FOR A REAL PROPERTY TAX EXEMPTION FROM THE COMMUNITY
OUTREACH CENTER.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LAWLER, 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 9369-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, MR. SPEAKER. THIS IS
MR. LAWLER'S LAST BILL WITH US. IT'S HARD TO BELIEVE THAT HE CAME IN SUCH
A QUIET, UNASSUMING INDIVIDUAL, SHY EVEN. AND AS THE FLOOR LEADER ON
THE REPUBLICAN SIDE, IT TOOK ALL OF MY STRENGTH AND ABILITY TO COAX HIM
OUT OF THAT SHELL.
(LAUGHTER)
AND I'M STILL WORKING ON IT BECAUSE, AS YOU KNOW, IT'S
JUST SO HARD TO FIND OUT WHAT HE REALLY THINKS ON ANY SUBJECT.
(LAUGHTER)
BUT MR. LAWLER, HAVING LEARNED FROM THE BEST OF YOU
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NYS ASSEMBLY JUNE 3, 2022
HOW TO START TO OPEN UP A LITTLE BIT, IS NOW RUNNING FOR CONGRESS. AND
HE'S GOT HIS FEET WET HERE, HE'S OFF AND RUNNING AND I'M SURE HE'LL DO A
PHENOMENAL JOB. AND OF COURSE, IN ADDITION TO SHARING HIS THOUGHTS
WITH US, HE'S ALSO SERVED AS OUR RANKER ON GOVERNMENT AFFAIRS AND HAS
DONE A FINE JOB FOR US. MR. LAWLER, THANK YOU SO MUCH FOR ALL YOU
HAVE DONE FOR OUR CAUCUS, FOR OUR STATE AND FOR OUR COUNTRY, AND WE
LOOK FORWARD TO GREAT THINGS FROM YOU IN THE FUTURE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. I THINK NORMALLY
WE THINK OF A FRESHMAN MEMBER AND SAY, HOW DID ALL HIS LOCAL BILLS END
UP ON THE LAST RULES REPORT, BUT I THINK THAT DOESN'T EXACTLY SHOCK US
HERE. BUT I JUST WANT TO WISH MY COLLEAGUE WELL. YOU KNOW, I GO BACK
WITH MIKE IN HIS PREVIOUS CAPACITY, YOU KNOW, HAVING HAD THE
OPPORTUNITY TO SERVE WITH HIM NOW HERE IN THE ASSEMBLY FOR THIS TERM
AND AS HE MOVES FORWARD LOOKING FOR, I DON'T WANT TO SAY GREENER
PASTURES, BECAUSE -- GOOD LUCK DOWN THERE, THAT'S A WHOLE 'NOTHER
WORLD AND HOPEFULLY SOME OF OUR COLLEAGUES HERE WILL BE JOINING YOU
ON BOTH SIDES.
BUT, YOU KNOW, IT'S BEEN A PLEASURE. YOU CERTAINLY
HAVE BEEN A MEMBER OF OUR CONFERENCE THAT JUMPED RIGHT INTO THE
DEBATE AND I THINK ONE AREA WHERE WE CERTAINLY SHARE A LOT OF
FRUSTRATIONS IS -- IS SOME OF THE FUNCTIONING OF THE PLACE AND THE HOPE
TO SEE IT BETTER FOR BETTER GOVERNMENT. SO I HOPE YOU CONTINUE THAT
PASSION. I KNOW YOU WILL AS YOU TRY TO HEAD DOWN TO D.C.. I WISH YOU
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NYS ASSEMBLY JUNE 3, 2022
A GOOD SUMMER, ESPECIALLY AS I KNOW YOU HAVE A NEWBORN TO GET HOME
TO AND HOPEFULLY GET TO SPEND SOME TIME TO -- TIME WITH DESPITE BEING,
I'M SURE, VERY BUSY ON THE CAMPAIGN TRAIL. BUT I JUST WANT TO WISH YOU
WELL, AND THANK YOU FOR YOUR SERVICE HERE IN THE ASSEMBLY AND FOR
BEING A GOOD COLLEAGUE. ALL THE BEST, MIKE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. HYNDMAN.
MS. HYNDMAN: SO THIS IS A STRANGE FRIENDSHIP WE
HAVE STRUCK UP OVER THE LAST TWO YEARS, AND SO MR. GOODELL COAXED YOU
OUT OF THE BOX AND NOW WE CAN'T GET YOU BACK IN IT.
(LAUGHTER)
SO AS YOU MOVE ON DOWN TO D.C., I HOPE YOU DON'T
FORGET ABOUT ALL THAT YOU'VE LEARNED HERE IN THIS CHAMBER, AND
SOMETIMES KEEP SOME OF THOSE THINGS, YOU KNOW, IN THE BOX.
(LAUGHTER)
BUT WE WISH YOU WELL, YOU KNOW, BE -- COMING TO
KNOW YOU OVER THESE TWO YEARS, THERE'S ALSO PARTS OF YOU I THINK ARE
VERY SENSITIVE AND CARING, AND I DON'T THINK EVERYONE KNOWS THAT SIDE
BUT I THINK I'VE GOTTEN TO SEE THAT OVER THE LAST TWO YEARS. AND
CONGRATULATIONS ON BECOMING A NEW FATHER THIS TIME, A GIRL, AND YOU
KNOW WHAT THAT MEANS. SO FROM ALL OF US HERE IN THE ASSEMBLY, WHAT
OUR SPEAKER PRO TEM ALWAYS SAYS IS ONCE A MEMBER, ALWAYS A MEMBER
SO WHEN YOU GET DOWN THERE, DON'T FORGET ABOUT US BIG SHOTS UP HERE.
TAKE CARE.
(APPLAUSE)
560
NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER AUBRY: MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. THANK YOU,
MR. SPEAKER. MR. LAWLER, YOU KNOW, WE'VE BECOME FRIENDS, WE HAVE
A NICE LITTLE CREW THERE. IT'S BEEN GREAT TO GET TO KNOW YOU, BECOME
FRIENDS. I'M JUST A LITTLE ENVIOUS BECAUSE THOSE IN D.C. WILL PROBABLY
ONLY GET TO LISTEN TO YOU FOR ABOUT TWO MINUTES --
(LAUGHTER)
-- AND I THINK ALL OF US IN A BIPARTISAN FASHION HOPE
THAT THE WELL WISHES WE GIVE YOU LEAVE YOU SPEECHLESS.
(LAUGHTER)
I VOTE IN THE AFFIRMATIVE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. GANDOLFO.
MR. GANDOLFO: HAVING COME IN AS A FRESHMAN
WITH MR. LAWLER, I'VE GOTTEN TO KNOW HIM PRETTY WELL OVER THESE LAST
TWO YEARS. AND DESPITE SOME OF THE ROUGH EDGES --
(LAUGHTER)
-- HE IS A VERY CARING MAN WHO TRULY DOES AND
SINCERELY DOES CARE ABOUT HIS CONSTITUENTS AND DOES EVERYTHING HE CAN
TO REPRESENT THEM IN THE BEST WAY HE BELIEVES POSSIBLE. AND ALTHOUGH
IT'LL BE A LOT QUIETER IN HERE NEXT YEAR WITH HIM GONE, IF YOU LIVE WITHIN
HIS MEDIA MARKET, IT'S ONLY GOING TO GET WORSE FOR YOU HERE.
(LAUGHTER)
YOU'RE GOING TO HEAR MORE OF HIS VOICE AND SEE MORE
OF HIS FACE THAN YOU PROBABLY EVER HEARD BEFORE AND CAN TOLERATE IN A
561
NYS ASSEMBLY JUNE 3, 2022
HOTLY CONTESTED CONGRESSIONAL RACE, SO YOU HAVE MY CONDOLENCES FOR
THAT. BUT IN ALL SERIOUSNESS, WE'RE GOING TO MISS YOU, MIKE, AND ENJOY
SPENDING TIME WITH YOUR DAUGHTER AND YOUR WIFE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU. SO I THINK ONE OF THE
MOST MEMORABLE THINGS THAT I HAVE EVER HEARD SPOKEN IN THIS CHAMBER
IS THAT -- IS WHEN MICHAEL GOT UP AND SAID THAT HE WAS NOT ELECTED TO BE
A POTTED PLANT, HE WAS NOT GOING TO -- HE WAS NOT GOING TO COME HERE
AND JUST BE QUIET, HE WAS GOING TO BE HERE TO TRY TO MAKE THE DIFFERENCE
THAT HE WANTED TO MAKE AND TO LET US KNOW WHAT HIS THOUGHTS WERE.
AND I -- I LOVE HAVING BEEN JUST A FEW CHAIRS OVER FROM MIKE BECAUSE
HE'S WICKEDLY FUNNY AND VERY SMART, AND WHEN HE DOES DEBATE, YOU
KNOW, HE GETS RIGHT TO THE -- HE GETS RIGHT TO THE HEART OF IT. HE DOESN'T
TIPTOE AROUND, HE GETS TO THE POINT A LOT BETTER THAN A LOT OF LAWYERS DO,
BY THE WAY, AND MYSELF INCLUDED.
AND HE -- I MEAN, HIS POLITICAL CHOPS ARE REALLY
SECOND-TO-NONE, TOO, BUT I THINK WHAT REALLY HAS STRUCK ME ABOUT MIKE
THAT, YOU KNOW, I -- I DON'T KNOW, I THINK IS -- IS NOT SOMETHING THAT WE
ALL HAVE IS THAT ABILITY TO JUST GO AROUND AND TALK TO EVERYBODY. I MEAN,
HE'S GOTTEN TO KNOW PROBABLY EVERY SINGLE PERSON HERE. AT ONE TIME OR
ANOTHER, HE'S HAD A CONVERSATION WITH YOU. AND NOT EVERYBODY DOES
THAT, YOU KNOW, I DON'T KNOW WHY BUT IT DOESN'T REALLY HAPPEN. SO I
REALLY ADMIRE THAT ABOUT MIKE AND IF I HAVE LEARNED ANYTHING FROM
MIKE IT'S MAYBE TO TRY TO DO THAT A LITTLE BIT MORE. SO OBVIOUSLY I'M
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NYS ASSEMBLY JUNE 3, 2022
GOING TO BE GETTING YOUR PUSH POLLS AND YOUR TEXTS AND YOUR E-MAILS,
AND I'M NOT GOING TO BE ABLE TO GET RID OF YOU AND I DON'T REALLY WANT TO.
SO I WISH YOU THE -- I WISH YOU THE BEST. I KNOW YOU'RE GOING TO DO A
GREAT JOB.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. CAHILL.
MR. CAHILL: MR. SPEAKER, COLLEAGUES, I VOTE YES.
(LAUGHTER)
(APPLAUSE)
MR. TAYLOR.
MR. TAYLOR: MR. SPEAKER. MIKE, I HAVE COME TO
KNOW YOU AND APPRECIATE OUR EARLY MORNING DISCUSSIONS AND BIBLE
STUDY, WATCHING YOU DO THE WORK, PREPARING FOR YOUR DAUGHTER, AND THAT
PART OF YOU -- AND I THINK IT WAS JUST SAID, YOU HAVE BEEN EVERYWHERE.
YOU KNOW, SOMETIMES PEOPLE HAVE TO USHER YOU OUT, YOU'RE JUST
EVERYWHERE. I BELIEVE THAT WHAT I KNOW MOST ABOUT YOU AND I BELIEVE I
KNOW IS FROM THE HEART AND I APPRECIATE THOSE THINGS, AND I WILL SAY
CONGRATULATIONS ON YOUR DAUGHTER, CONGRATULATIONS ON YOUR CAREER
CHOICES, BUT CONTINUE TO ALLOW YOUR HEART TO LEAD YOU. AND I'LL LEAVE
YOU WITH, TO WHOM MUCH IS GIVEN, MUCH IS REQUIRED, AND DON'T BE
AFRAID TO LET YOUR HEART LEAD YOU SOMETIME, IT'S OKAY, IT'S OKAY. THEY'LL
STILL KEEP YOU IN THAT PARTY. BUT IF NOT, YOU'RE ALWAYS WELCOME ON THE
OTHER ONE. GOD BLESS YOU AND GOOD LUCK.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. TANNOUSIS.
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NYS ASSEMBLY JUNE 3, 2022
MR. TANNOUSIS: THANK YOU, MR. SPEAKER. MIKE,
WE CAME IN TOGETHER. WE HAVE COME -- BECOME VERY CLOSE OVER THE
PAST YEAR-AND-A-HALF ALTHOUGH, YOU KNOW, SOMETIMES I'LL LEAVE IT AT
THAT. BUT I HAVE LEARNED, ALL JOKING ASIDE, I'VE LEARNED A LOT FROM YOU.
YOU DEFINITELY KNOW THIS BUSINESS BETTER THAN ANYBODY I HAVE EVER
SEEN, ESPECIALLY KNOWLEDGE OF THE ISSUES, AND I WISH YOU THE BEST OF
LUCK IN YOUR ROUTE TO CONGRESS, ON YOUR ROAD TO CONGRESS. AND I JUST
WANT TO LET MY COLLEAGUES KNOW THAT THE REAL MICHAEL LAWLER GOING
AWAY PARTY WILL BE IN JANUARY ONCE WE KNOW HE'S GONE. THANK YOU.
(LAUGHTER)
(APPLAUSE)
ACTING SPEAKER AUBRY: MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. SO NOT ONLY
IS MIKE A GREAT DEBATER, BUT HE ALSO DOES HAVE A VERY BIG HEART. AND IF
ANY OF YOU HAVE SPENT ANY TIME WITH HIM OUTSIDE OF THE CHAMBER, YOU
WOULD KNOW THAT HE'S GREAT AT KARAOKE, SO I'M HOPING FOR ONE LAST NOTE,
AND HE'S GOT A HECK OF A DANCE KICK. SO IF WE COULD SEE THAT DANCE KICK
ONE MORE TIME, TOO, BEFORE YOU GO, THAT WOULD MAKE MY DAY. I KNOW
IT'S LATE, WE'RE TIRED -- OR EARLY, BUT COME ON, MIKE, ONE NOTE AND ONE
KICK, LET'S GO.
(LAUGHTER)
THANK YOU, MR. SPEAKER. YOU WILL BE MISSED, MIKE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MIKE, I SAID THIS ONCE
TO YOU. WE WERE HAVING A CONVERSATION, I SAID, DON'T WASTE YOUR
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NYS ASSEMBLY JUNE 3, 2022
TALENT; YOU COULD MAKE MUCH MORE WITH YOUR HEART THAN YOUR NOISE. I
KNEW THAT WHEN I SAW THE PICTURE OF YOU WITH YOUR NEWBORN. THOSE
ALWAYS TELL ME WHO THE PERSON IS, AND SO TAKE THAT, WALK WITH THAT.
GOOD LUCK.
(APPLAUSE)
MR. LAWLER, WHO COULD NOT --
MR. LAWLER: I CAN'T RESIST. LET ME -- LET ME SAY, IF
MY WORDS WERE EVER TOO SHARP OR BITING, FOR THAT I DO APOLOGIZE.
(APPLAUSE)
WHEN MY DAD PASSED AWAY, HIS LAST WORDS TO ME
WERE, TO WHOM MUCH IS GIVEN, MUCH IS REQUIRED, AND TO ALWAYS DO
GOD'S WORK AND TO KEEP MY MORAL COMPASS. AND, MR. SPEAKER, I DID
TAKE YOUR WORDS TO HEART. I APPRECIATE YOU, YOU ARE A MAN OF CHARACTER
AND I VALUE YOUR OPINION. AND I DON'T WANT TO WASTE MY TALENTS AND
GIFTS, I DON'T THINK ANY OF US DO. AND I'VE TRIED, HOWEVER IMPERFECT, TO
DO THAT. SO I DO APPRECIATE ALL OF YOUR COMMENTS. I THINK MOST OF YOU
DO GET ME, AND I TAKE YOUR -- I TAKE YOUR COMMENTS TO HEART.
I DO WANT TO SAY TO OUR LEADER, WILL, THANK YOU. I TOLD
YOU BEFORE AND I'LL SAY IT AGAIN, I WOULD NOT HAVE RUN IF YOU WERE NOT
LEADER, SO I DO APPRECIATE YOUR LEADERSHIP AND THE WORK THAT YOU DO ON
BEHALF OF OUR CONFERENCE. AND THAT OF OUR STAFF, ESPECIALLY AT 933. I
WANT TO THANK ANDY AND MARY BETH WHO LEAD OUR FLOOR DEBATE AND LEAD
OUR CONFERENCE ON THE FLOOR, AND THEY DO A FANTASTIC JOB ON BEHALF OF
NOT JUST THEIR OWN CONSTITUENTS, BUT ALL OF US, AND I APPRECIATE IT. I ALSO
WANT TO THANK MICHELLE PELLEGRI, WHEREVER SHE IS, BECAUSE SHE DOES A
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NYS ASSEMBLY JUNE 3, 2022
PHENOMENAL JOB FOR ALL OF US.
I WANT TO THANK EACH AND EVERY ONE OF YOU. AS
COLLEAGUES, I HAVE LEARNED FROM YOU. I APPRECIATE ALL OF YOU. I THINK
YOU ALL MAKE A DIFFERENCE IN THIS STATE. WE ALL BRING OUR OWN
EXPERIENCES, OUR OWN VIEWS, AND THAT SHAPES US. AND IT SHAPES THE
DEBATE AND IT SHAPES THE THINGS THAT WE FIGHT FOR. I ALSO WANT TO THANK
SPEAKER HEASTIE. HE HAS A TOUGH JOB AND I THINK HE HANDLES IT WITH
DIGNITY AND GRACE. AND I WANT TO THANK CRYSTAL. I'M SURE IT'S NOT EASY
AT TIMES LISTENING TO SOME OF THE DEBATE, BUT I RESPECT YOU, I THINK THE
WORLD OF YOU. AND I THINK ALL OF US COLLECTIVELY CAN DO A LOT, AND WE
CAN DO A LOT IF WE'RE WORKING TOGETHER. I WANT TO THANK, ALSO, WAYNE
JACKSON. HE IS A WONDERFUL, WONDERFUL PERSON AND HE KEEPS THIS PLACE
MOVING IN THE RIGHT DIRECTION.
LASTLY, I DO WANT TO THANK MY CONSTITUENTS FOR GIVING
ME THE OPPORTUNITY TO SERVE HERE FOR TWO YEARS, AND I WANT TO THANK MY
STAFF FOR ALL OF THEIR HARD WORK. AND LASTLY, I WANT TO THANK MY WIFE
AND MY -- AND MY DAUGHTER. SO WITH THAT, THANK YOU.
(APPLAUSE)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
I HOPE NOBODY ELSE IS LEAVING, WE'LL NEVER GET OUT OF
HERE. THIS IS ALL DAY.
THE CLERK: ASSEMBLY NO. A10456, RULES REPORT
NO. 759, COMMITTEE ON RULES (BRAUNSTEIN, KIM, ROZIC, PHEFFER
566
NYS ASSEMBLY JUNE 3, 2022
AMATO, VANEL). AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN
RELATION TO AUTHORIZING A TAX EXEMPTION AND A TAX ABATEMENT FOR
ALTERATIONS AND IMPROVEMENTS TO MULTIPLE DWELLINGS FOR PURPOSES OF
PRESERVING HABITABILITY IN AFFORDABLE HOUSING.
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 10456. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD RECORD OUR COLLEAGUES MR. MAMDANI AND MS. FORREST 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.
THE CLERK: ASSEMBLY NO. A10473, RULES REPORT
NO. 760, COMMITTEE ON RULES, (MANKTELOW). AN ACT TO AMEND THE
ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO A LICENSE TO SELL LIQUOR
AT RETAIL FOR CONSUMPTION ON CERTAIN PREMISES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MANKTELOW, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
567
NYS ASSEMBLY JUNE 3, 2022
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9069. 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. A10487, RULES REPORT
NO. 761, COMMITTEE ON RULES (WEINSTEIN). AN ACT TO AMEND THE TAX
LAW, IN RELATION TO APPLICATION OF A LIEN OR PLEDGE FOR THE BENEFIT OF
CERTAIN BONDHOLDERS TO AMOUNTS WITHHELD FROM CERTAIN TAXES, PENALTIES
AND INTEREST IMPOSED BY THE CITY OF NEW YORK.
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 10487. 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.)
568
NYS ASSEMBLY JUNE 3, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10495, RULES REPORT
NO. 762, COMMITTEE ON RULES (WEINSTEIN). AN ACT TO AMEND THE
PUBLIC AUTHORITIES LAW, IN RELATION TO BONDS ISSUED BY THE NEW YORK
CITY TRANSITIONAL FINANCE AUTHORITY.
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 10495. 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. A10507, RULES REPORT
NO. 763, COMMITTEE ON RULES (STIRPE, BRONSON, WOERNER,
BUTTENSCHON, LUNSFORD, CAHILL, CLARK, MAGNARELLI, MCDONALD, OTIS).
AN ACT TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO
ALLOWING FOR ELIGIBILITY OF GREEN CHIPS PROJECTS IN THE EXCELSIOR TAX
CREDIT PROGRAM.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
STIRPE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. GOVERNOR'S MESSAGE IS AT THE DESK, THE CLERK WILL READ.
569
NYS ASSEMBLY JUNE 3, 2022
THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,
KATHY HOCHUL, GOVERNOR.
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 9467. 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. STIRPE TO EXPLAIN HIS VOTE.
MR. STIRPE: THANK YOU, MR. SPEAKER. THE
SIGNIFICANCE OF THIS BILL CANNOT BE OVERSTATED. IT REMOVES THE FINAL
OBJECTION TO SELECTING SEVERAL SITES IN NEW YORK STATE, THE LARGEST OF
WHICH IS IN MY DISTRICT, FOR THE DEVELOPMENT OF SOME MASSIVE
SEMICONDUCTOR MANUFACTURING FACILITIES. THESE PROJECTS WOULD BRING
BILLIONS OF DOLLARS OF PRIVATE INVESTMENT, ALONG WITH THOUSANDS OF JOBS.
FOR THAT, I'D LIKE TO THANK THE GOVERNOR AND HER TEAM AT EMPIRE STATE
DEVELOPMENT FOR LISTENING TO AND ACCEPTING MANY OF THE
RECOMMENDATIONS THAT THE SPEAKER, BLAKE WASHINGTON AND HIS TEAM,
ALONG WITH THE SENATE AND THEIR FINANCE TEAM, WHO PRESENTED, YOU
KNOW, TO THEM IN ORDER TO DESIGN A PROGRAM THAT COULD BECOME A
THREE-WAY AGREEMENT. IT IS DEFINITELY A GREAT DAY FOR NEW YORK.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. STIRPE IN THE
AFFIRMATIVE.
570
NYS ASSEMBLY JUNE 3, 2022
MS. WOERNER TO EXPLAIN HER VOTE.
MS. WOERNER: I WOULD LIKE TO COMMEND THE
SPONSOR FOR BRINGING FORWARD THIS IMPORTANT PIECE OF LEGISLATION. I
HAVE THE LARGEST SEMICONDUCTOR CHIP PLANT IN NORTH AMERICA IN MY
DISTRICT, GLOBALFOUNDRIES, AND I'D LIKE TO THANK THE SPEAKER. OVER THE
YEARS, HE HAS -- HE'S COME TWICE TO VISIT GLOBALFOUNDRIES TO LEARN
ABOUT THE INDUSTRY, LAST SUMMER PUTTING ON A BUNNY SUIT AND TOURING
THE CLEAN ROOM. I'D ALSO LIKE TO THANK THE MEMBERS OF THE WAYS AND
MEANS STAFF ON BOTH THE MAJORITY AND MINORITY SIDE WHO HAVE, OVER
THE YEARS, COME TO GLOBALFOUNDRIES TO UNDERSTAND HOW IMPORTANT THE
SEMICONDUCTOR INDUSTRY IS IN -- IN -- IN THE UNITED STATES AND IN
UPSTATE NEW YORK.
AND I CAN TELL YOU, TO THOSE OF YOU WHO MAY DOUBT
THAT WE SHOULD -- WE SHOULD HAVE TAX CREDITS FOR THESE KINDS OF
BUSINESSES, THIS HAS BEEN A TRANSFORMATIVE INDUSTRY. THERE'S A REASON
WHY SARATOGA COUNTY IS THE ONLY COUNTY OUTSIDE OF NEW YORK STATE
THAT GREW OVER THE LAST -- OUTSIDE OF NEW YORK CITY THAT GREW OVER THE
LAST TEN YEARS, AND IT IS BECAUSE WE HAVE SEMICONDUCTOR MANUFACTURING
IN THE MIDST OF OUR COUNTY. IT HAS TRANSFORMED OUR ECONOMY AND IT CAN
DO THE SAME THING THROUGHOUT NEW YORK STATE. SO I'M DELIGHTED TO SEE
THIS GOING FORWARD AND IT IS A PROUD MOMENT TO CAST MY VOTE IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER MCDONALD: MS. WOERNER IN
THE AFFIRMATIVE.
MR. KIM IN THE NEGATIVE.
571
NYS ASSEMBLY JUNE 3, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10518, RULES REPORT
NO. 764, COMMITTEE ON RULES (NIOU). AN ACT TO AMEND THE ALCOHOLIC
BEVERAGE CONTROL LAW, IN RELATION TO THE SITING OF CERTAIN PREMISES
LICENSED TO SELL LIQUOR FOR CONSUMPTION ON THE PREMISES.
ACTING SPEAKER MCDONALD: 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 MCDONALD: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL S98 --9383. 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. A10521, RULES REPORT
NO. 765, COMMITTEE ON RULES (NIOU). AN ACT TO AMEND THE ALCOHOLIC
BEVERAGE CONTROL LAW, IN RELATION TO AN EXEMPTION FOR CERTAIN
PROPERTY FROM THE PROHIBITION OF ALCOHOL SALES WITHIN A CERTAIN DISTANCE
FROM A SCHOOL.
572
NYS ASSEMBLY JUNE 3, 2022
ACTING SPEAKER MCDONALD: 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 MCDONALD: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL S9385. 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. A10526, RULES REPORT
NO. 768, COMMITTEE ON RULES (ABBATE). AN ACT TO AMEND THE CIVIL
SERVICE LAW AND THE STATE FINANCE LAW, IN RELATION TO COMPENSATION
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT OF CERTAIN STATE OFFICERS
AND EMPLOYEES, TO AUTHORIZE FUNDING OF JOINT LABOR-MANAGEMENT
COMMITTEES, TO IMPLEMENT AGREEMENTS BETWEEN THE STATE AND AN
EMPLOYEE ORGANIZATION; TO AMEND CHAPTER 333 OF THE LAWS OF 1969
AMENDING THE CIVIL SERVICE LAW AND OTHER LAWS RELATING TO SALARY
INCREASES FOR CERTAIN STATE OFFICERS AND EMPLOYEES, IN RELATION TO RATES
OF PAY FOR CERTAIN STATE EMPLOYEES; TO REPEAL CERTAIN PROVISIONS OF THE
CIVIL SERVICE LAW RELATING THERETO; AND MAKING AN APPROPRIATION
FOR THE PURPOSE OF EFFECTUATING CERTAIN PROVISIONS THEREOF (PART A);
573
NYS ASSEMBLY JUNE 3, 2022
AND TO AMEND THE CIVIL SERVICE LAW AND THE CORRECTION LAW, IN
RELATION TO SALARIES OF CERTAIN STATE OFFICERS AND EMPLOYEES EXCLUDED
FROM COLLECTIVE NEGOTIATING UNITS; TO REPEAL CERTAIN PROVISIONS OF THE
CIVIL SERVICE LAW AND THE CORRECTION LAW RELATING THERETO; AND
MAKING AN APPROPRIATION FOR THE PURPOSE OF EFFECTUATING CERTAIN
PROVISIONS THEREOF (PART B).
ACTING SPEAKER MCDONALD: ON A MOTION BY
THE SENATE -- ON A MOTION BY MEMBER ABBATE, THE SENATE BILL IS BEFORE
THE HOUSE. THE SENATE BILL IS ADVANCED. GOVERNOR'S MESSAGE IS AT THE
DESK, THE CLERK WILL READ.
THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,
KATHY HOCHUL, GOVERNOR.
ACTING SPEAKER MCDONALD: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER MCDONALD: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL 9478. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
574
NYS ASSEMBLY JUNE 3, 2022
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I SHOULD BE ASKING YOU IF YOU HAVE ANY RESOLUTIONS OR
HOUSEKEEPING LEFT TO DO, BUT I'M NOT GOING TO ASK YOU THAT BECAUSE I
KNOW THAT YOU DON'T. AND IT'S TIME TO GO HOME.
(APPLAUSE)
I SHOULD HAVE SAID IT'S TIME TO GO TO SLEEP FIRST AND
THEN GO HOME BECAUSE WE'VE BEEN UP 24 HOURS.
BUT I DO WANT TO THANK ALL OF YOU FOR YOUR COOPERATION
THROUGHOUT THE COURSE OF THIS SESSION, EVEN WHEN THINGS WERE
CONTENTIOUS, IT STILL ENDED UP BEING A COOPERATIVE BODY TO WORK WITH.
AND I ALSO WANT TO HONOR SPEAKER HEASTIE, BECAUSE UNDER HIS
LEADERSHIP, I HAVE LEARNED SO MUCH AND I FEEL LIKE THROUGH WHAT I HAVE
LEARNED I HAVE SHARED. AND I THINK WHAT I HAVE SHARED IS GOING TO BE
HELPFUL FOR US TO PASS AROUND. AND I THINK EVEN THOUGH MANY OF OUR
COLLEAGUES ARE LEAVING US FOR WHATEVER REASON THEY'RE GOING, THEY'RE
GOING TO TAKE SOMETHING THAT THEY GOT FROM THE ASSEMBLY IN TERMS OF
HOW TO RELATE WITH PEOPLE AND TO GET THINGS DONE WITHOUT BEING
CONTENTIOUS. AND SO IT'S BEEN MY HONOR TO WORK WITH YOU ALL. I HOPE
EVERYBODY WILL STAY SAFE, STAY HEALTHY AND STAY BLESSED.
IT IS NOW MY PLEASURE TO INTRODUCE A GUY WHO WAS
SWORN IN AND TOOK THE OATH OF OFFICE THE SAME TIME I DID, IT WAS ALMOST
20 YEARS AGO. IT'S NONE OTHER THAN THE MIRROR ON THE OTHER SIDE OF THE
AISLE, MR. BARCLAY.
(APPLAUSE)
575
NYS ASSEMBLY JUNE 3, 2022
MR. BARCLAY: THANK YOU. THANK YOU, MR.
SPEAKER, AND THANK YOU, MAJORITY LEADER. TWENTY YEARS AGO SEEMS
LIKE A LONG TIME. WE'VE DONE -- WE'RE CLOSING ON 24 HOURS HERE, WE'RE
MATCHING ALMOST IN YEARS OF SERVICE HERE.
SO I'M GOING TO BE BRIEF. OBVIOUSLY I THINK WE ALL ARE
TIRED AND WANT TO GO HOME, BUT I DO NEED TO THANK MANY PEOPLE HERE.
FIRST I WANT TO SAY THANK YOU, MR. SPEAKER. YOU LOOK AS FRESH AS A
DAISY, YOU LOOK GREAT UP THERE.
(APPLAUSE)
BUT I APPRECIATE YOUR LEADERSHIP, YOUR FRIENDSHIP, AND
EVEN THOUGH -- AND CRYSTAL, TOO. EVEN THOUGH WE DIFFER PROBABLY
ALMOST ON ALL OF OUR POLITICS, I THINK, AT LEAST I CAN SAY FROM MY
PERSPECTIVE, I HOLD YOU BOTH IN GREAT RESPECT AND I HOPE YOU HOLD US IN
RESPECT AND I THINK THAT'S THE REASON WE CAN WORK IN ALMOST ALWAYS A
NONCONTENTIOUS MANNER, SO THANK YOU BOTH FOR THAT. I ALSO WANT THE
THANK THE CONFERENCE THAT I'M BLESSED TO LEAD, THE ASSEMBLY
REPUBLICAN CONFERENCE. THESE ARE HARD-WORKING, ENTHUSIASTIC,
TALENTED MEMBERS. IT'S NOT ALWAYS AN EASY JOB, BUT BECAUSE I LEAD SUCH
A GREAT CONFERENCE, YOU GUYS MAKE IT EASY FOR ME. SO THANK YOU VERY
MUCH FOR THAT.
ANDY GOODELL AND MARY BETH WALSH, OUR FLOOR
LEADERS HERE, YOU GUYS DO AN AMAZING JOB. YOUR DEPTH OF KNOWLEDGE
AND YOUR ARTICULATION ON THE BILLS IS REALLY IMPRESSIVE. SO PLEASE JOIN
ME IN GIVING THEM A ROUND OF APPLAUSE.
(APPLAUSE)
576
NYS ASSEMBLY JUNE 3, 2022
AND EVEN THOUGH THIS ISN'T BUDGET TIME, I DO WANT TO
RECOGNIZE OUR RANKER ON WAYS AND MEANS, ED RA, WHO IS A LEADER
DURING THE BUDGET TIME, BUT ALSO HE'S ALWAYS A LEADER OF OUR
CONFERENCE, SO PLEASE GIVE A ROUND OF APPLAUSE TO ED RA.
(APPLAUSE)
AND THIS REALLY IS A FAMILY. AGAIN, WE DIFFER
SOMETIMES POLITICALLY, BUT I THINK WE ALL CONSIDER EACH OTHER FRIENDS
AND PART OF A FAMILY. AND IT'S HARD, IT WAS HARD FOR ME TO LISTEN TO ALL
THE GOODBYES THAT WERE SAID TODAY, BUT I JUST WANT TO JUST ADD MY
GOODBYES TO ANOTHER PERSON, 20 YEARS OF SERVICE, MIKE CUSICK. SO
WE'RE LOSING ANOTHER ONE, CRYSTAL. BUT, MIKE, I HAVE ENJOYED SERVING
WITH YOU AND ALL THE DEMOCRATIC MEMBERS, SANDY GALEF, DICK
GOTTFRIED, YUH-LINE NIOU - I CAN'T SEE, MY GLASSES HERE - CATHY NOLAN,
BRIAN BARNWELL AND DAN QUART, I WISH YOU GODSPEED AND GOOD LUCK TO
YOUR FUTURE.
FOR OUR CONFERENCE, WE'RE LOSING SOME GREAT ONES --
GREAT ONES: MIKE MONTESANO, KEVIN BYRNE, MIKE LAWLER, COLIN
SCHMITT, KIERAN LALOR, JAKE ASHBY, MARK WALCZYK AND JOHN SALKA.
SO FROM THE BOTTOM OF MY HEART, I WANT TO SAY FOR THOSE WHO SERVE IN
THIS CONFERENCE, THANK YOU FOR ALL THAT YOU'VE DONE FOR THE CONFERENCE
AND FOR THE PEOPLE OF NEW YORK STATE. AND THEN --
(APPLAUSE)
AND, YOU KNOW, IT'S NOT JUST US, YOU ALL KNOW IT TAKES
A TEAM TO DO ANYTHING. AND I HAVE TO THANK THE TEAM THAT I'M SO
FORTUNATE TO HAVE, AND IF YOU'D JUST BEAR WITH ME, I JUST WANT TO GO
577
NYS ASSEMBLY JUNE 3, 2022
THROUGH AND RECOGNIZE A FEW OF THE PEOPLE THAT I'M BLESSED TO WORK
WITH: FIRST OFF, MY CHIEF-OF-STAFF JUDY SKYPE WHO DOES A GREAT JOB;
JUDY.
(APPLAUSE)
TOM KRAUS, EXECUTIVE DIRECTOR TOM KRAUS; THANK
YOU, TOM.
(APPLAUSE)
MY SENIOR ADVISOR STEPHANIE HERRICK; THANK YOU,
STEPHANIE.
(APPLAUSE)
COMMUNICATION DIRECTOR MIKE FRASER. MIKE DOES A
GREAT JOB.
(APPLAUSE)
DIRECTOR OF REGIONAL SERVICES DAN CAIRNS.
(APPLAUSE)
POLICY DIRECTOR JASON KEHOE.
(APPLAUSE)
AND THESE PEOPLE STAY UP, I DON'T KNOW HOW THEY DO
IT, THEY SEEM LIKE THEY WORK ENDLESS HOURS IN COUNSEL'S OFFICE, BUT
THEY'RE LED BY ED WICK, KEVIN ENGLE AND ADAM FUSCO. GIVE THEM A
ROUND OF APPLAUSE.
(APPLAUSE)
YOU ALL KNOW OUR GREAT FLOOR COUNSEL HERE, MICHELLE
PELLEGRI.
(APPLAUSE)
578
NYS ASSEMBLY JUNE 3, 2022
AND LAST BUT CERTAINLY NOT LEAST, I WANT TO THANK
LAUREN O'HARE WHO HEADS OUR WAYS AND MEANS STAFF. SHE DOES A
GREAT JOB, SO PLEASE GIVE HER A ROUND OF APPLAUSE.
(APPLAUSE)
SO WITH THAT, MR. SPEAKER, AS I'M FEELING VERY GROGGY,
AS I KNOW WE ALL ARE, HAVE A GREAT SUMMER AND THANKS FOR YOUR
FRIENDSHIP AND PROFESSIONALISM IN THIS BODY. THANK YOU.
(APPLAUSE)
SO IT'S MY GREAT PLEASURE TO INTRODUCE ONE OF THE
GREATS, EVEN THOUGH, AGAIN, WE'RE ON SEPARATE SIDES OF THE AISLE I HAVE
NOTHING BUT THE UTMOST RESPECT FOR THIS ASSEMBLY SPEAKER CARL
HEASTIE. THANK YOU.
(APPLAUSE)
SPEAKER HEASTIE: THANK YOU, WILL. THANK YOU.
SO FRIENDS AND COLLEAGUES, AND TO BOTH OF THE GREAT
STAFFS, THIS MAY HAVE BEEN THE TOUGHEST LEGISLATIVE SESSION THAT ANY OF
US EVER HAD AS WE CONTINUE TO TRY TO GET THIS STATE THROUGH THE
PANDEMIC AND GET USED TO THE NEW NORMAL OF LIVING WITH COVID-19.
AND I BELIEVE EVEN ON BOTH SIDES OF THE AISLE, OUR COMMITMENT TO
PUTTING FAMILIES FIRST DID NOT WAIVER. EVERY LEGISLATIVE YEAR, IT'S ALWAYS
LIKE BEING BACK IN SCHOOL AND SOME OF YOUR CLASSMATES, YOU'RE GOING TO
-- THEY'RE GOING TO MOVE ON, THEY'RE GOING TO GRADUATE AND THEY'RE
GOING TO DO OTHER THINGS.
SO I DON'T WANT TO KEEP US LONG, BUT I DO WANT TO,
BEFORE I THANK THE STAFF, JUST SAY SEE YOU NEXT TIME TO SOME FRIENDS. TO
579
NYS ASSEMBLY JUNE 3, 2022
THE ENCYCLOPEDIA DICK GOTTFRIED, WHAT A MAN. WHAT A MAN. TO GIVE
50 YEARS OF YOUR LIFE TO AN INSTITUTION IS AMAZING. AND DICK, WHOEVER
HAS THE -- I'D SAY THE PLEASURE OR DISPLEASURE OF BEING THE NEXT CHAIR OF
HEALTH IS GOING TO HAVE SOME REALLY BIG SHOES TO FILL.
TO CATHY NOLAN, THE DEPUTY SPEAKER WHO WAS AT THE
FOREFRONT OF HAVING TO -- OF MAKING SURE THAT WOMEN IN THIS CHAMBER
WERE TREATED WITH THE DIGNITY AND RESPECT AND EQUALITY THAT THEY
DESERVE.
TO SANDY GALEF, WHO -- EVEN WHEN SANDY DOESN'T
AGREE WITH YOU, I DON'T KNOW IF IN THE 20-PLUS YEARS THAT I'VE KNOWN
SANDY HAVE EVER HEARD HER YELL, EVEN WHEN SHE'S NOT HAPPY, SHE ALWAYS
STILL DOES IT WITH A SMILE ON HER FACE AND SO MUCH CLASS.
AND TO MY GOOD FRIEND MIKE CUSICK WHO WAS ELECTED
IN THE CLASS BEHIND ME, IT'S -- MIKE, I REMEMBER WE WERE THE NEW GUYS
ON THE BLOCK AND THAT NOW WE'RE THE OLD GUYS AND YOU DECIDED TO LEAVE
ME HERE, SO...
AND TO DAN QUART, WHO IS MAYBE ONE OF THE MOST
PRINCIPLED PEOPLE I THINK I HAVE EVER -- I HAVE EVER MET, AND I KNOW
HE'S GOING TO MAKE US VERY PROUD BECAUSE BOY, DO WE NEED SOME REALLY
GOOD PEOPLE ON THE BENCH. NOBODY GOT THAT BUT YOU, JOHN -- OR CHUCK.
TO BRIAN BARNWELL, ANOTHER -- ONE OF THE MOST HARDEST
WORKING ELECTED OFFICIALS THAT I HAVE EVER KNOWN. THE GUY LOVES TO
DOOR KNOCK EVEN WHEN IT WASN'T ELECTION TIME.
(LAUGHTER)
AND TO YUH-LINE WHO, YOU KNOW, A LOT OF TIMES, YOU
580
NYS ASSEMBLY JUNE 3, 2022
KNOW, YUH-LINE AND I WOULD BUMP HEADS AND SOMETIMES WE WOULD --
WE WOULD MISUNDERSTAND EACH OTHER AND I THINK DURING TEXT MESSAGES,
BUT THE ONE THING I WILL SAY THAT I ALWAYS ADMIRED ABOUT YOU, NO MATTER
WHAT THE COST, NO MATTER WHAT YOU FELT LIKE YOU MAY LOSE, YOU ALWAYS
STOOD FOR WHAT YOU BELIEVED IN.
(APPLAUSE)
I'M GOING TO GET TO THE -- LET ME GET TO THE GUYS ON THE
OTHER SIDE OF THE AISLE, BECAUSE I DO WANT TO -- I HOPE TO ALL OF YOU, TO
MR. MONTESANO, MR. BYRNE, MR. LAWLER, MR. SCHMITT, MR. LALOR, MR.
ASHBY, WALCZYK AND SALKA: AGAIN, EVEN THOUGH WE MAY DISAGREE, AS
YOUR LEADER SAID, ON JUST ABOUT EVERYTHING, BUT I THINK WE ALL DID AGREE
ON CARING ABOUT THE PEOPLE OF THE STATE OF NEW YORK. AND SO I WISH
YOU ALL WELL IN YOUR NEXT ENDEAVOR. BUT I WOULD BE REMISS IF I DIDN'T
TAKE A CHANCE TO MAKE A LITTLE DIG AT MR. LAWLER, WHO YOU COULD TELL
WAS PROBABLY MY FAVORITE. BUT WE'RE ALL WISHING HIM WELL, BUT WE
FORGET THAT HE STILL HAS 70 PETITIONS AND THAT IF HE DOESN'T WIN HIS
PRIMARY, HE'LL BE BACK. SO MY GOD I WISH YOU WELL WITH YOUR PRIMARY.
(LAUGHTER)
(APPLAUSE)
I MIGHT EVEN ENDORSE YOU, MY FRIEND.
(LAUGHTER)
BUT REALLY, I WANT TO REALLY SAY THANK YOU TO OUR
EXTRAORDINARY -- WELL, ACTUALLY BEFORE I DO THAT, I WANT TO TALK ABOUT
WILL BARCLAY. YOU KNOW, PEOPLE -- THERE SOME PEOPLE WHO WANT TO
CRITICIZE WILL AND I BECAUSE WE DON'T HATE EACH OTHER, WE DON'T FIGHT
581
NYS ASSEMBLY JUNE 3, 2022
WITH EACH OTHER, WE CONSIDER EACH OTHER FRIENDS AND WE OFTEN CHECK IN
ON EACH OTHER. RIGHT, WILL? HOW DARE US BE FRIENDS BECAUSE WE ARE IN
DIFFERENT POLITICAL PARTIES. BUT SHAME ON PEOPLE WHO WANT TO CRITICIZE
US. SO YOU ARE AN HONORABLE AND YOU'RE A GOOD MAN, AND I THANK YOU
FOR YOUR PARTNERSHIP AND YOU'RE AN INCREDIBLE LEADER FOR YOUR
CONFERENCE. THANK YOU.
(APPLAUSE)
TO MY SISTER, MY SHIELD, MY PROTECTOR, THE MAJORITY
LEADER CRYSTAL PEOPLES-STOKES. WHAT AN AMAZING PERSON. IT ALMOST
SEEMS LIKE YESTERDAY WHEN I WENT TO BUFFALO TO VISIT YOU WHEN I WASN'T
EVEN ELECTED, AND I MET THIS EXTRAORDINARY WOMAN WHO WAS IN THE
COUNTY LEGISLATURE. WHO KNEW SOME YEARS LATER THAT YOU WOULD
BECOME MY PARTNER AND, LIKE I SAID, AND MY PROTECTOR. SO AGAIN, TO OUR
AMAZING MAJORITY LEADER, CRYSTAL PEOPLES-STOKES.
(APPLAUSE)
TO THE MAN I LIKE TO CALL "THE GODFATHER," OUR SPEAKER
PRO TEM, JEFF AUBRY.
(APPLAUSE)
TO THE TEAM THAT MAKES US GO HERE IN THE CHAMBER,
DEB MILLER, MARY-ANNE DANDLES, JOHN KNIGHT AND THE LEGISLATIVE
SERVICES TEAM.
(APPLAUSE)
TO DAN SALVIN, THE BILL DRAFTING COMMISSION AND
ASSEMBLY REVISION TEAM, THANK YOU AS WELL.
(APPLAUSE)
582
NYS ASSEMBLY JUNE 3, 2022
TO THE GUY WHO PROBABLY GETS THE SECOND LOUDEST
ROUND OF APPLAUSE, BLAKE WASHINGTON AND THE WAYS AND MEANS STAFF.
EVERYBODY LIKES THE MONEY GUY.
(APPLAUSE)
AND TO THE PERSON WHO I THINK OFTEN BESIDES ME WHO
HAS THE TOUGHEST JOB, AND I REALLY DON'T THINK THAT I COULD DO A LOT THAT I
COULD DO AND, YOU KNOW, SHE TAKES A LOT OF CRAP, LOU ANN CICCONE AND
THE PROGRAM AND COUNSEL STAFF.
(APPLAUSE)
I DON'T KNOW WHY I'M SO EMOTIONAL, MAYBE I'M JUST
TIRED FROM NO SLEEP, BUT TO HOWARD VARGAS, BRIAN HAAK AND CHRISTINA
ZOLA, OUR LEGAL TEAM, TO KATIE BENDER, LAUREN KEATING AND CONFERENCE
SERVICES, AND OF COURSE TO AMY METCALFE, ED HARRIS AND THE ASSEMBLY
MAINTENANCE TEAM, THANK YOU FOR TAKING GOOD CARE OF US.
(APPLAUSE)
NOW, OF COURSE, TO THE GUY WHO USUALLY GETS THE
LOUDEST ROUND OF APPLAUSE, WAYNE JACKSON, JOHN, AND OUR CHAMBER
SERGEANTS.
(APPLAUSE)
TO MY TEAM HERE IN ALBANY, PAUL, ANITA, KIM, ISA
PUELLO AND HER TEAM, CARL AND MAYLEEN. I WANT TO THANK YOU ALL FOR
TAKING GOOD CARE OF ME.
BUT LASTLY, I WOULD -- BECAUSE THIS IS THE PEOPLE'S
HOUSE AND WE DO BELIEVE IN FAMILY SO MUCH, I ALSO HAVE TO SAY AND
GIVE A BIG SHOUT-OUT TO THE BABY CAUCUS OF THE NEW YORK STATE
583
NYS ASSEMBLY JUNE 3, 2022
ASSEMBLY.
(APPLAUSE)
ENJOY THAT TIME WHEN THEY'RE STILL LITTLE BECAUSE I JUST
REMEMBER NOT TOO LONG AGO I WAS LITERALLY HOLDING TAYLOR IN MY ARMS
WHEN YOU GUYS GAVE ME THE PRIVILEGE OF BEING SPEAKER AND IN JUST A
WEEK SHE'LL BE 13-YEARS-OLD WHICH I CANNOT EVEN BELIEVE IT.
(APPLAUSE)
WITH THAT BEING SAID, I HOPE YOU ALL GET SOME REST.
PLEASE DO NOT TRY TO DRIVE HOME NOW, I WANT EVERYONE TO HAVE A SAFE
SUMMER AND -- AND AS YOU MOVE ON TO OTHER ENDEAVORS, I JUST WANT TO
SAY TO ALL OF YOU JUST SEE YOU NEXT TIME, IT'S NEVER GOODBYE, SEE YOU
NEXT TIME.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I KNOW
YOU PROBABLY SAID THIS --
SPEAKER HEASTIE: EXCUSE ME ONE SECOND. I
ACTUALLY FORGOT A COUPLE OF PEOPLE. I ACTUALLY FORGOT MIKE AND KERRI
FROM THE COMMUNICATIONS TEAM.
(APPLAUSE)
AND OF COURSE OUR AMAZING CHAIR OF WAYS AND
MEANS, THAT HISTORY-MAKER, HELENE WEINSTEIN.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
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NYS ASSEMBLY JUNE 3, 2022
SPEAKER. I'M SURE YOU PROBABLY SAID THIS, BUT I JUST NEED TO SAY IT AGAIN
BECAUSE THIS YOUNG MAN RIGHT HERE SITTING BY ME HAS BEEN AMAZING,
JOHN KNIGHT.
(APPLAUSE)
SO I JUST WANT TO. HE STEPPED IN WHEN BRIAN COYNE
LEFT ME, HE STEPPED IN AND HE'S BEEN DOING A GREAT JOB AND I JUST WANT
TO APPRECIATE HIM OUT LOUD. I ALWAYS TELL HIM IN PRIVATE.
MR. SPEAKER, DO YOU HAVE ANY FURTHER HOUSEKEEPING
OR RESOLUTIONS?
SPEAKER HEASTIE: NO HOUSEKEEPING, BUT ONE
RESOLUTION.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE - READY TO GO, HUH - THOSE OPPOSED, NAY. THE RESOLUTION IS ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NO. 1069 WAS
UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL TOMORROW, SATURDAY, JUNE THE 4TH
BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE AT THE CALL OF THE
SPEAKER. THANK YOU, SIR.
SPEAKER HEASTIE: THANK YOU SO MUCH.
THE HOUSE STANDS ADJOURNED.
(APPLAUSE)
(WHEREUPON, AT 8:16 A.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL SATURDAY, JUNE 4TH, SATURDAY BEING A LEGISLATIVE DAY,
585
NYS ASSEMBLY JUNE 3, 2022
AND TO RECONVENE AT THE CALL OF THE SPEAKER.)
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