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

                                         50



                    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.

                                         53



                    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?

                                         56



                    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.

                                         61



                    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

                                         62



                    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

                                         63



                    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

                                         64



                    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

                                         65



                    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.

                                         66



                    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,

                                         67



                    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.

                                         68



                    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?

                                         69



                    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.

                                         70



                    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

                                         71



                    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,

                                         72



                    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

                                         73



                    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

                                         74



                    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

                                         75



                    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

                                         76



                    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

                                         77



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         78



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         79



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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,

                                         80



                    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

                                         81



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         82



                    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

                                         83



                    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.

                                         84



                    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

                                         86



                    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

                                         88



                    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

                                         89



                    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

                                         90



                    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

                                         91



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         92



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         93



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         94



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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 --

                                         95



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         96



                    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?

                                         97



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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,

                                         98



                    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

                                         99



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         100



                    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

                                         101



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         102



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         103



                    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

                                         104



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         105



                    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

                                         106



                    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.

                                         107



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         108



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         109



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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?

                                         110



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         111



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         112



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         113



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         114



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         115



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         116



                    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 --

                                         117



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         118



                    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

                                         119



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         120



                    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.

                                         121



                    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.

                                         122



                    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

                                         123



                    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

                                         124



                    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).

                                         125



                    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.

                                         126



                    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.

                                         127



                    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

                                         128



                    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?

                                         129



                    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

                                         130



                    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?

                                         131



                    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

                                         132



                    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

                                         133



                    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

                                         134



                    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.

                                         135



                    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

                                         136



                    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.

                                         137



                    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

                                         138



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         139



                    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

                                         140



                    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

                                         141



                    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

                                         142



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         143



                    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

                                         144



                    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

                                         145



                    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

                                         146



                    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

                                         147



                    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.)

                                         148



                    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.

                                         149



                    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?

                                         150



                    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.

                                         151



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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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                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         153



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         154



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         155



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         156



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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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                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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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                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         159



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         160



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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?

                                         161



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         162



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         163



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         164



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         165



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         166



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         167



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         168



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         169



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         170



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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.

                                         171



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         172



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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,

                                         173



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         174



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         175



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         176



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         177



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         178



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         179



                    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

                                         180



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         181



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         182



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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,

                                         183



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         184



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         185



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         186



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         187



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         188



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         189



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 (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.

                                         190



                    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

                                         191



                    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

                                         192



                    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

                                         193



                    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

                                         194



                    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

                                         195



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         196



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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.

                                         197



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         198



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         199



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         200



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         201



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         202



                    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.)

                                         203



                    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.

                                         204



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         205



                    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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                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         208



                    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

                                         209



                    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

                                         210



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         211



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         212



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         213



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         214



                    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

                                         215



                    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

                                         216



                    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

                                         217



                    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

                                         218



                    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'

                                         219



                    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.)

                                         220



                    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

                                         221



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         222



                    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

                                         223



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         224



                    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.

                                         225



                    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

                                         226



                    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

                                         227



                    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.

                                         228



                    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.

                                         229



                    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.

                                         230



                    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.

                                         231



                    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

                                         232



                    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.

                                         233



                    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

                                         234



                    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,

                                         235



                    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.

                                         236



                    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

                                         237



                    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.

                                         238



                    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

                                         239



                    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.

                                         240



                    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

                                         241



                    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?

                                         242



                    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?

                                         243



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         244



                    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

                                         245



                    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

                                         246



                    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

                                         247



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         248



                    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

                                         249



                    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

                                         250



                    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.

                                         251



                    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.

                                         252



                    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

                                         253



                    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,

                                         254



                    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

                                         255



                    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

                                         256



                    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

                                         257



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         258



                    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.

                                         259



                    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.

                                         260



                    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

                                         261



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         262



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         263



                    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

                                         264



                    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

                                         265



                    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

                                         266



                    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

                                         267



                    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.

                                         268



                    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.

                                         269



                    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

                                         270



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         271



                    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

                                         272



                    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.

                                         273



                    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?

                                         274



                    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

                                         275



                    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

                                         276



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.)

                                         277



                    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

                                         278



                    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

                                         279



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         280



                    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

                                         281



                    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

                                         282



                    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

                                         283



                    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

                                         284



                    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

                                         285



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         286



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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,

                                         287



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         288



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         289



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         290



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         291



                    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

                                         292



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         293



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.)

                                         294



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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.

                                         295



                    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

                                         296



                    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

                                         297



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    MEMBER WHO WISHES TO 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

                                         298



                    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

                                         299



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         300



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         301



                    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

                                         302



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         303



                    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

                                         304



                    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.

                                         305



                    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.

                                         306



                    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

                                         307



                    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

                                         308



                    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.

                                         309



                    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

                                         310



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         311



                    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

                                         312



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         313



                    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)

                                         314



                    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?

                                         315



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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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                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         317



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         318



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         319



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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?

                                         320



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         321



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         322



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         323



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         324



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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 --

                                         325



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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 --

                                         326



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         327



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         328



                    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,

                                         329



                    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

                                         330



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         331



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         332



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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 --

                                         333



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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 --

                                         334



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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.

                                         335



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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.

                                         336



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         337



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         338



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         339



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         340



                    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

                                         341



                    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

                                         342



                    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.

                                         343



                    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.

                                         344



                    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 --

                                         345



                    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

                                         346



                    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

                                         347



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         348



                    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.

                                         349



                    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.

                                         350



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 (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

                                         351



                    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

                                         352



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         353



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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?

                                         354



                    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.

                                         355



                    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

                                         356



                    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,

                                         357



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         358



                    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

                                         359



                    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

                                         360



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         361



                    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

                                         362



                    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?

                                         363



                    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?

                                         364



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                                 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

                                         365



                    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

                                         366



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         367



                    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,

                                         368



                    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

                                         369



                    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

                                         370



                    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.

                                         371



                    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

                                         372



                    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.)

                                         373



                    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,

                                         374



                    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.

                                         375



                    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

                                         376



                    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

                                         377



                    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.

                                         378



                    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.

                                         379



                    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

                                         380



                    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

                                         381



                    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.

                                         382



                    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

                                         383



                    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

                                         384



                    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

                                         385



                    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

                                         386



                    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

                                         387



                    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.

                                         388



                    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.

                                         389



                    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

                                         390



                    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

                                         392



                    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

                                         393



                    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.

                                         394



                    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

                                         395



                    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.

                                         396



                    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

                                         397



                    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

                                         398



                    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

                                         399



                    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

                                         400



                    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

                                         401



                    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?

                                         402



                    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.

                                         403



                    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

                                         404



                    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

                                         405



                    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.

                                         406



                    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.)

                                         407



                    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

                                         409



                    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,

                                         410



                    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 --

                                         412



                    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.

                                         414



                    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

                                         416



                    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

                                         417



                    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,

                                         418



                    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.

                                         419



                    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.

                                         420



                    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

                                         421



                    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.

                                         422



                    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.

                                         423



                    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.

                                         428



                    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.)

                                         429



                    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.

                                         432



                    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.

                                         433



                    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

                                         434



                    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

                                         435



                    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.)

                                         436



                    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

                                         438



                    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.

                                         439



                    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?

                                         444



                    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

                                         448



                    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

                                         449



                    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,

                                         450



                    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

                                         451



                    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

                                         452



                    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

                                         455



                    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

                                         456



                    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

                                         457



                    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.

                                         458



                    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

                                         459



                    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.

                                         460



                    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,

                                         461



                    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

                                         462



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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.

                                         463



                    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

                                         464



                    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

                                         465



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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)

                                         466



                    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

                                         467



                    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

                                         468



                    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.

                                         469



                    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)

                                         470



                    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

                                         471



                    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,

                                         472



                    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

                                         473



                    NYS ASSEMBLY                                                          JUNE 3, 2022

                    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

                                         474



                    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)

                                         475



                    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.