TUESDAY, JUNE 8, 2021 12:52 P.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 MONDAY, JUNE 7TH.

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

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

NYS ASSEMBLY JUNE 8, 2021

JUNE THE 7TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION,

SO ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. COLLEAGUES, I WANT TO FIRST OF ALL SAY THAT, YOU KNOW, TODAY IS

THE SECOND SESSION OF THE 24TH WEEK OF THE 244TH LEGISLATIVE SESSION.

AND I'D LIKE TO SHARE A QUOTE ON THIS DAY THAT COMES FROM NONE OTHER

THAN SHIRLEY CHISHOLM, WHO WAS AN AMERICAN POLITICIAN AND AN

EDUCATOR. SHE ACTUALLY WAS THE FIRST BLACK WOMAN EVER ELECTED TO

CONGRESS, AND SHE'S REPRESENTING -- WAS REPRESENTING THE NEW YORK'S

12 CONGRESSIONAL DISTRICT. BY THE WAY, THREE OF OUR COLLEAGUES NOW

REPRESENT THAT DISTRICT AS ASSEMBLYMEMBERS; ASSEMBLYMEMBER

WALKER, ASSEMBLYMEMBER RICHARDSON AND ASSEMBLYMEMBER

ZINERMAN. MRS. CHISHOLM'S QUOTE FOR US TODAY -- MRS. CHISHOLM'S

QUOTE FOR US TODAY IS THAT, "WE MUST REJECT NOT ONLY THE STEREOTYPES THAT

OTHERS HOLD OF US, BUT ALSO THE STEREOTYPES THAT WE HOLD OF OURSELVES."

AGAIN, MR. SPEAKER, THE HONORABLE SHIRLEY CHISHOLM'S WORDS FOR US

TODAY.

MEMBERS DO HAVE ON THEIR DESKS A MAIN CALENDAR AS

WELL AS AN A-CALENDAR. MR. SPEAKER, I WOULD BE PLEASED IF YOU WOULD

NOW ADVANCE THAT A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES: THANK YOU, SIR.

NYS ASSEMBLY JUNE 8, 2021

AFTER HOUSEKEEPING AND INTRODUCTIONS WE'RE GOING TO

START BY TAKING UP THE TEN RESOLUTIONS THAT ARE ON PAGE 3 OF OUR MAIN

CALENDAR, OF WHICH SOME OF OUR COLLEAGUES WOULD LIKE TO SPEAK, I

BELIEVE. OUR MAJOR FOCUS OF TODAY WILL BE TO GO THROUGH OUR DEBATE LIST

IMMEDIATELY AFTER WE CONSENT THE A-CALENDAR.

THAT, MR. SPEAKER, IS THE GENERAL OUTLINE OF WHERE

WE'RE GOING TO GO TODAY. IF YOU HAVE ANY INTRODUCTIONS AND/OR

HOUSEKEEPINGS, NOW WOULD BE A GREAT TIME.

ACTING SPEAKER AUBRY: WE HAVE NEITHER,

MRS. PEOPLES-STOKES, SO WE WILL PROCEED DIRECTLY TO PAGE 3 ON THE

MAIN, ASSEMBLY NO. 412.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 412, MS.

HYNDMAN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 13-19, 2021, AS SICKLE CELL

DISEASE AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 413, MR.

DURSO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 17, 2021, AS SANITATION WORKERS

DAY IN THE STATE OF NEW YORK.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: MR. DURSO ON THE

RESOLUTION.

MR. DURSO: THANK YOU, MR. SPEAKER. THANK YOU

FOR PUTTING FORWARD THIS RESOLUTION TODAY. TODAY WE HONOR THE

SANITATION WORKERS HERE IN NEW YORK STATE. THESE MEN AND WOMEN

ARE A SPECIAL GROUP OF PEOPLE THAT I DON'T FEEL GET ENOUGH CREDIT FOR ALL

THAT THEY DO, DESPITE THE WEATHER, FREEZING RAIN, COLD DAYS, EXTREME

HEAT. THEY ANSWER THE CALL EVERY DAY TO DO THEIR JOBS AND LITERALLY KEEP

OUR STREETS CLEAN AND SAFE. IN A YEAR WHERE THE PANDEMIC SHUT DOWN SO

MANY -- MANY BUSINESSES SHUT DOWN, PEOPLE SHELTERED IN PLACE, THESE

BRAVE ESSENTIAL WORKERS CANNOT ZOOM INTO WORK EVERY DAY. THEY HAVE

TO GO TO WORK PHYSICALLY. THEY SHOWED UP EVERY DAY TO DO THEIR JOBS

AND WE DESERVE TO GIVE THEM THE RECOGNITION. UP UNTIL THIS JANUARY

WHEN I TOOK OFFICE I GOT TO SEE THESE WORKERS UP CLOSE AND FIRSTHAND.

FOR THE PAST 15 YEARS I WAS A SANITATION WORKER WITH THE TOWN OF

OYSTER BAY SANITATION. I PROUDLY REPRESENTED THESE SANITATION WORKERS

AND RECYCLING WORKERS AS THEIR SHOP STEWARD FOR A TIME, AND ALWAYS DID

WHAT I COULD TO KEEP THEM SAFE AND REPRESENT THEM AT CONTRACT TIME.

INJURIES OCCUR EVERY DAY IN THIS BUSINESS, SOME SERIOUS, SOME NOT SO

SERIOUS. BUT TO UNDERSTAND THE DANGERS THAT ARE ASSOCIATED WITH THIS

JOB, LET ME POINT OUT TO YOU TO HELP YOU UNDERSTAND WHAT IT IS THEY GO

THROUGH EACH DAY. THERE'S EVERYTHING FROM ROTATOR CUFF INJURIES, KNEE

AND BACK ISSUES, TORN MUSCLES, TORN ACHILLE'S TENDONS. AND SO THESE

ARE SOME THAT I'VE SEEN. NOT TO MENTION THE OCCASIONAL HEAT STROKE,

FINGER OR TWO MISSING, NEEDLE STICKS FROM POORLY-DISPOSED-OF NEEDLES

NYS ASSEMBLY JUNE 8, 2021

IN THE GARBAGE. PEOPLE BEING HIT BY CARS AND, YES, THE OCCASIONAL DEATH.

UNFORTUNATELY, THESE ARE SOME OF THE DANGERS OF BEING A SANITATION

WORKER HERE IN NEW YORK STATE, AND DESPITE ALL THESE OUR MEN AND

WOMEN COME TO WORK EVERY DAY TO DO THEIR JOB. I'M SO PROUD OF MY

SANITATION WORKER BROTHERS AND SISTERS, PROUD TO BRING FORWARD THIS

RESOLUTION AND PROUD TO HONOR THEM. PLEASE REMEMBER, IT'S NOT A MAGIC

TRICK WHEN YOU PUT YOUR GARBAGE OUT AT THE CURB EACH DAY. IT JUST

DOESN'T DISAPPEAR. SOMEONE COMES AND PICKS IT UP EVERY MORNING.

JUST A QUICK HELLO AND THE OCCASIONAL THANK YOU GOES A LONG WAY FOR

THESE WORKERS. AND PLEASE REMEMBER, WHEN YOU SEE A SANITATION TRUCK,

PLEASE SLOW DOWN. THERE'S PEOPLE WORKING.

THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 414, MR.

KIM.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 15, 2021, AS ELDER ABUSE

AWARENESS DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 415, MRS.

GUNTHER.

NYS ASSEMBLY JUNE 8, 2021

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 2021, AS POST-TRAUMATIC STRESS

INJURY AWARENESS MONTH, AND JUNE 27, 2021 AS POST-TRAUMATIC STRESS

INJURY AWARENESS DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 416, MS.

SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JULY, 2021, AS PLASTIC-FREE MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 417, MR.

MAGNARELLI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 27-OCTOBER 3, 2021, AS

DIAPER NEED AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 418, MR.

BYRNE.

NYS ASSEMBLY JUNE 8, 2021

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM OCTOBER 6-12, 2021, AS PHYSICIAN'S

[SIC] ASSISTANT WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 419, MS.

MILLER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM OCTOBER 2021, AS COCKAYNE SYNDROME

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. MILLER ON THE

RESOLUTION.

MS. MILLER, YOU NEED TO UNMUTE YOURSELF.

MS. MILLER: CAN YOU HEAR ME?

ACTING SPEAKER AUBRY: NOW WE CAN HEAR

YOU.

MS. MILLER: OKAY. THANK YOU FOR ALLOWING ME TO

SPEAK ON THIS RESOLUTION. COCKAYNE SYNDROME IS A NEUROLOGICAL

DISEASE THAT CAUSES RAPID AGING. IT'S AN ORPHAN DISEASE, ONE OF THOSE

THAT REALLY DOESN'T GET ENOUGH ATTENTION BECAUSE IT'S SO RARE. NOT

GETTING ATTENTION TO A RARE DISEASE MEANS THAT LITTLE TO NO FUNDING GOES

TOWARDS FINDING A CURE. FOR THE FAMILIES OF THESE CHILDREN AFFECTED

WITH COCKAYNE SYNDROME, IT DOESN'T FEEL RARE. MY DAUGHTER MELANIE

DIED FROM THIS DISEASE WHEN SHE WAS SEVEN YEARS OLD. MELANIE WAS AN

NYS ASSEMBLY JUNE 8, 2021

OLD SOUL. SHE WAS ALWAYS SMILING, HAPPY AND SO VERY BRAVE. SHE WAS

THE LIGHT OF OUR LIVES. BUT SHE SUFFERED TERRIBLY, ESPECIALLY AT THE END OF

HER LIFE. SHE DESERVED BETTER THAN WHAT THE MEDICAL COMMUNITY COULD

GIVE HER. TWENTY-PLUS YEARS LATER, THESE KIDS ARE STILL SUFFERING AT THE

END OF THEIR SHORT LIVES. I AM THANKFUL FOR THIS RESOLUTION MAKING

OCTOBER, THE MONTH THAT MELANIE WAS BORN AND THE MONTH THAT SHE

DIED, COCKAYNE SYNDROME AWARENESS MONTH BECAUSE AWARENESS CAN

BRING RESEARCH.

THANK YOU.

ACTING SPEAKER AUBRY: ALL THOSE IN FAVOR OF

THE RESOLUTION PLEASE SIGNIFY BY SAYING AYE; OPPOSED, NO. THE

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 420, MR.

BRABENEC.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM OCTOBER 2021, AS GERMAN-AMERICAN

HERITAGE MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 421, MS.

ROSENTHAL.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM NOVEMBER 2021, AS PANCREATIC --

PANCREATIC CANCER AWARENESS MONTH IN THE STATE OF NEW YORK.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: ALL THOSE IN FAVOR

SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

WE WILL GO TO THE A-CALENDAR ON CONSENT, PAGE 3,

RULES REPORT NO. 515.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00289-B, RULES

REPORT NO. 515, GOTTFRIED, PAULIN, SOLAGES, WEPRIN, ABINANTI, COOK,

GALLAGHER, GALEF, GUNTHER, JACOBSON, REYES. AN ACT TO AMEND THE

PUBLIC HEALTH LAW AND THE INSURANCE LAW, IN RELATION TO ENHANCING

COVERAGE AND CARE FOR MEDICALLY-FRAGILE CHILDREN.

ACTING SPEAKER AUBRY: ON A -- ON A MOTION

BY MR. GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL

IS ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00324-A, RULES

REPORT NO. 516, ZEBROWSKI, ENGLEBRIGHT, CRUZ, BUTTENSCHON, SAYEGH,

J. RIVERA, COLTON, SIMON, STIRPE, TAYLOR, GALEF, DICKENS, HYNDMAN,

GRIFFIN, GLICK, WALLACE, WEPRIN, STECK, FALL, FERNANDEZ, FAHY, HEVESI,

ROZIC, LAVINE, LUPARDO, JOYNER, QUART, GOTTFRIED, SEAWRIGHT,

DINOWITZ, NIOU, ABINANTI, PAULIN. AN ACT TO AMEND THE PENAL LAW, IN

RELATION TO COERCION IN THE THIRD DEGREE.

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.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY -- SENATE PRINT 2986-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.

FIRST VOTE OF THE DAY, MEMBERS.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00350-C, RULES

REPORT NO. 517 WAS PREVIOUSLY AMENDED ON THIRD READING.

ASSEMBLY NO. A00464, RULES REPORT NO. 518, ROZIC,

COLTON, ENGLEBRIGHT, SIMON, GRIFFIN, BARRON, WOERNER, LUPARDO,

FORREST. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO ENACTING

THE "NEW YORK STATE TELEWORKING EXPANSION ACT."

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00499-A, RULES

REPORT NO. 519, CARROLL, HEVESI, L. ROSENTHAL, BENEDETTO, COLTON,

CYMBROWITZ, DINOWITZ, GOTTFRIED, WEPRIN. AN ACT TO AMEND THE

ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO ENACTING

THE NEW YORK CITY DEPARTMENT OF BUILDINGS COMMUNITY

ACCOUNTABILITY ACT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00530-B, RULES

REPORT NO. 520, L. ROSENTHAL, PERRY, LUPARDO, BICHOTTE HERMELYN,

NYS ASSEMBLY JUNE 8, 2021

VANEL, GRIFFIN, COLTON, SILLITTI, BARRON, OTIS. AN ACT IN RELATION TO

DIRECTING THE URBAN DEVELOPMENT CORPORATION TO CONDUCT A STUDY

REGARDING THE ASSISTANCE NEEDED TO ENCOURAGE WOMEN AND MINORITIES TO

PURSUE TECHNOLOGY CAREERS IN SCIENCE, TECHNOLOGY, ENGINEERING AND

MATHEMATICS (STEM).

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 531-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. A00743-A, RULES

REPORT NO. 521, WALLACE. AN ACT TO AMEND THE STATE FINANCE LAW, IN

RELATION TO CERTAIN CONTRACTS INVOLVING INDUSTRIAL PAINTING AND INDUSTRIAL

COATINGS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

NYS ASSEMBLY JUNE 8, 2021

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 743-A. THIS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00754-A, RULES

REPORT NO. 522, PHEFFER AMATO. AN ACT TO AMEND THE GENERAL

BUSINESS LAW, IN RELATION TO PROHIBITING THE SALE OF WHIPPED CREAM

CHARGERS TO PERSONS UNDER THE AGE OF 21.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2819-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.

NYS ASSEMBLY JUNE 8, 2021

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00760-B, RULES

REPORT NO. 523, SEAWRIGHT, OTIS, QUART, NIOU, GOTTFRIED, GALEF,

L. ROSENTHAL, EPSTEIN, GRIFFIN, ROZIC, NOLAN, ABINANTI, BARNWELL,

DINOWITZ, THIELE, ASHBY, STERN, ANDERSON, FAHY, BARRON, JACOBSON,

MEEKS, O'DONNELL, SIMON, MAGNARELLI, RAJKUMAR. CONCURRENT

RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING AN AMENDMENT TO

SECTION 11 OF ARTICLE I OF THE CONSTITUTION, IN RELATION TO EQUAL

PROTECTION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00898-B, RULES

REPORT NO. 524, WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,

GUNTHER, JEAN-PIERRE, SIMON, GALEF, HYNDMAN, SOLAGES, DAVILA,

BUTTENSCHON, SEAWRIGHT, DICKENS, GLICK, MCMAHON, M. MILLER, NIOU,

QUART, CUSICK, ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND,

MONTESANO, J.M. GIGLIO, BLANKENBUSH, MANKTELOW, HAWLEY, GOODELL,

BYRNE, DIPIETRO, MORINELLO, ROZIC, LUPARDO, DARLING, WALKER, HEVESI,

COOK, WALLACE, WEPRIN, L. ROSENTHAL, STIRPE, CRUZ, BRAUNSTEIN. AN

ACT TO AMEND THE DOMESTIC RELATIONS LAW AND THE FAMILY COURT ACT,

IN RELATION TO ESTABLISHING A LIVING ALLOWANCE FOR ADULTS WITH

DEVELOPMENTAL DISABILITIES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 898-B. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. I AM

ABSOLUTELY DELIGHTED TO SEE THIS BILL COME TO THE FLOOR NOW FOR THE THIRD

YEAR. THE LAST TWO TIMES IT CAME TO THE FLOOR THIS BODY SUPPORTED IT

UNANIMOUSLY. THIS YEAR WE HAVE A NEW SENATE SPONSOR AND OUR HOPE

IS THAT WE'LL FINALLY HAVE THIS BILL PASS THE FINISH LINE. I WANT TO THANK

THE SPONSOR, MS. WOERNER, FOR HELPING THIS BILL TO GET TO THE FLOOR, AND

I'D LIKE TO THANK MY CHIEF-OF-STAFF SAMANTHA TORREY FOR ALL THE WORK

THAT SHE'S DONE SINCE 2018 TO TRY TO GET THIS BILL PASSED. THIS BILL WILL

GIVE JUDGES AND SUPPORT MAGISTRATES DISCRETION TO -- TO CONTINUE CHILD

SUPPORT PAYMENTS AS A LIVING ALLOWANCE FOR ADULT DEPENDENTS WITH

DEVELOPMENTAL DISABILITIES UP TO THE AGE OF 26. UNFORTUNATELY, THE

DIVORCE RATE FOR FAMILIES WHO HAVE A CHILD WITH DISABILITIES IS VERY

HIGH. AND WE KNOW THAT IT TAKES BOTH PARENTS WORKING TOGETHER

EMOTIONALLY AND FINANCIALLY TO MAKE SURE THAT THE BEST OUTCOMES ARE

REACHED FOR CHILDREN AS THEY BECOME ADULTS AND MOVE INTO MATURITY.

SO I'M SO GRATEFUL THAT THIS BILL IS MOVING FORWARD. I

WOULD APPRECIATE THE SUPPORT OF ALL OF MY COLLEAGUES ONCE AGAIN THIS

NYS ASSEMBLY JUNE 8, 2021

YEAR. I'LL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01034-B, RULES

REPORT NO. 525, BRONSON, JACOBSON, LUNSFORD. AN ACT TO AMEND THE

WORKERS' COMPENSATION LAW, IN RELATION TO ATTORNEY'S FEES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01106-B, RULES

REPORT NO. 526, BRONSON, OTIS, BURDICK, SAYEGH, JACOBSON, GALEF. AN

ACT TO AMEND THE LABOR LAW, IN RELATION TO THE PAYMENT OF PREVAILING

WAGE FOR WORK INVOLVING THE DELIVERY TO AND HAULING OF AGGREGATE

SUPPLY CONSTRUCTION MATERIALS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01121-A, RULES

REPORT NO. 527, BUTTENSCHON, GALEF, JACKSON, FALL. AN ACT TO AMEND

THE PENAL LAW, IN RELATION TO CREATING THE CERTAIN OFFENSES AND

PROVISIONS RELATED TO THE UNLAWFUL DISSEMINATION OF A PERSONAL IMAGE;

AND TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO CREATING A PRIVATE

NYS ASSEMBLY JUNE 8, 2021

RIGHT OF ACTION FOR SUCH OFFENSES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01160-C, RULES

REPORT NO. 528, BRONSON, BARRON, CLARK, COOK, CRUZ, CUSICK,

ENGLEBRIGHT, EPSTEIN, FAHY, PERRY, SEAWRIGHT, SIMON, WOERNER,

MEEKS, JENSEN, JACKSON, MITAYNES, LUNSFORD, RAMOS, RICHARDSON,

AUBRY, GONZ�LEZ-ROJAS, GOTTFRIED, ANDERSON, WALLACE, FRONTUS,

REYES, BRAUNSTEIN, DINOWITZ, MCDONALD, HUNTER, WEPRIN, JEAN-PIERRE,

DARLING, GUNTHER, SMITH, DAVILA, HEVESI, COLTON, RA, ZINERMAN. AN

ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO ESTABLISHING AN

ADVISORY COUNCIL TO EFFECTUATE A REDUCTION IN CHILD POVERTY IN THE STATE;

AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

ON A MOTION BY MR. BRONSON, THE SENATE BILL IS BEFORE

THE HOUSE. THE SENATE BILL IS ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01171-A, RULES

REPORT NO. 529, BRONSON, CLARK, LUNSFORD, MEEKS, WALLACE,

BUTTENSCHON, ROZIC, SANTABARBARA, LUPARDO, HUNTER, GUNTHER, STECK,

STIRPE, JONES, MAGNARELLI, FAHY, MCMAHON, BARRETT, WOERNER, WEPRIN,

GOTTFRIED, CRUZ, CARROLL, MCDONALD. AN ACT TO AMEND THE INSURANCE

LAW, IN RELATION TO HEALTH INSURANCE COVERAGE OF OUTPATIENT CARE

PROVIDED BY A MENTAL HEALTH PRACTITIONER AND A CLINICAL SOCIAL WORKER;

AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: ASSEMBLY NO. A01340-A, RULES

REPORT NO. 530, MAGNARELLI, COOK, STECK, PEOPLES-STOKES, LUPARDO.

AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO REQUIRING THAT ALL

PRINTED POLITICAL CAMPAIGN MAILING PIECES, CONTAINING OR MADE OF

RECYCLABLE MATERIAL, INCLUDE A MESSAGE ABOUT RECYCLING THE PRINTED

MATERIALS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01396, RULES REPORT

NO. 531, GOTTFRIED, CAHILL, DARLING, DINOWITZ, EPSTEIN, GRIFFIN, STERN,

TAGUE, TAYLOR, THIELE, ZEBROWSKI, WEPRIN, L. ROSENTHAL, CYMBROWITZ,

HUNTER, GUNTHER, GALEF, MCDONOUGH, RA, BYRNES, SEAWRIGHT,

ENGLEBRIGHT, JONES, SIMON, BARRETT, JEAN-PIERRE, NORRIS, OTIS, LUPARDO,

MORINELLO, BUTTENSCHON, WALLACE, BRONSON, STECK, MONTESANO,

ABINANTI. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

PHARMACY BENEFIT MANAGERS; TO AMEND THE INSURANCE LAW, IN RELATION

TO REGISTRATION AND LICENSING OF PHARMACY BENEFIT MANAGERS; AND TO

REPEAL CERTAIN PROVISIONS OF THE PUBLIC HEALTH LAW RELATING THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01587, RULES REPORT

NO. 532, GOTTFRIED, CARROLL, RAMOS, PAULIN, SIMON, SEAWRIGHT,

DICKENS, CAHILL, ABINANTI, BARRON, J. RIVERA, J.D. RIVERA. AN ACT TO

AMEND THE SOCIAL SERVICES LAW, IN RELATION TO SCHOOL-BASED HEALTH

CENTERS FOR PURPOSES OF MANAGED CARE PROGRAMS UNDER MEDICAID.

NYS ASSEMBLY JUNE 8, 2021

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 ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2127. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A01935, RULES REPORT

NO. 533, PERRY. AN ACT TO AMEND THE BANKING LAW, IN RELATION TO

MODIFYING DELINQUENT HOME LOANS AND SINGLE POINT OF CONTACT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

PERRY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 671. THIS IS A FAST ROLL CALL. ANY

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

NYS ASSEMBLY JUNE 8, 2021

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02111, RULES REPORT

NO. 534, SIMON, GRIFFIN. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

PROVIDING TAXPAYER GIFTS FOR GUN VIOLENCE RESEARCH; AND TO AMEND THE

STATE FINANCE LAW, IN RELATION TO ESTABLISHING THE GUN VIOLENCE

RESEARCH FUND.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 2111. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. THE PASSAGE

OF THIS GUN VIOLENCE RESEARCH INSTITUTE BILL WILL ENSURE THAT WE WILL BE

ABLE TO STUDY IN GREAT DEPTH THE PUBLIC HEALTH CRISIS THAT EXISTS WITH

REGARD TO GUN VIOLENCE. WE NEED TO KNOW SO MUCH MORE ABOUT WHY

GUN VIOLENCE OCCURS, HOW EASY IT IS TO GET A WEAPON, WHAT WE CAN DO TO

NYS ASSEMBLY JUNE 8, 2021

TREAT OUR COMMUNITIES AND SURVIVORS OF GUN VIOLENCE. ALL OF THESE

THINGS ARE THINGS THAT ARE IMPROVED BY RESEARCH. JUST AS SEAT BELTS WERE

IMPROVED BY RESEARCH. JUST AS MOTHERS AGAINST DRUNK DRIVING

SHOWED THE EFFECTS OF ALCOHOL BEHIND THE WHEEL. WE NEED THAT KIND OF

FOCUSED RESEARCH ON GUN VIOLENCE, AND I'M VERY PROUD TO BE VOTING IN

THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

NEGATIVE VOTES ON THE FLOOR, PLEASE RECORD MY COLLEAGUES MR.

BRABENEC, MR. DIPIETRO, MR. FITZPATRICK AND MR. FRIEND IN THE

NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MR. TAGUE TO EXPLAIN HIS VOTE.

MR. TAGUE: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. JUST AS MY COLLEAGUES THAT WERE JUST MENTIONED, I WILL ALSO BE

VOTING IN THE NEGATIVE ON THIS BILL. THANK YOU, SIR.

ACTING SPEAKER AUBRY: ARE THERE -- MRS.

PEOPLES-STOKES TO EXPLAIN HER VOTE.

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

WOULD LIKE FOR YOU TO PUT OUR COLLEAGUE CARRIE WOERNER IN THE NEGATIVE

ON THIS ONE.

ACTING SPEAKER AUBRY: CERTAINLY.

NYS ASSEMBLY JUNE 8, 2021

MRS. PEOPLES-STOKES: THANK YOU, SIR.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02300-C, RULES

REPORT NO. 535, JEAN-PIERRE, RAMOS, OTIS. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO ESTABLISHING A DEDICATED TELEPHONE LINE

FOR COMPLAINANTS OF HOUSING DISCRIMINATION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

JEAN-PIERRE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 3437-C. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02316-A, RULES

NYS ASSEMBLY JUNE 8, 2021

REPORT NO. 536, SIMON, FORREST. AN ACT TO AMEND THE VEHICLE AND

TRAFFIC LAW AND THE PUBLIC OFFICERS LAW, IN RELATION TO ESTABLISHING A

DEMONSTRATION PROGRAM ON INTERSTATE ROUTE 278 IN KINGS COUNTY TO

ENFORCE VEHICLE WEIGHT RESTRICTION ON SUCH INTERSTATE BY MEANS OF

MOBILE OR STATIONARY WEIGH-IN MOTION SYSTEMS; AND PROVIDING FOR THE

REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

SIMON, 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 2740-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. A02349-A, RULES

REPORT NO. 537, RODRIGUEZ, CAHILL, ROZIC, J. RIVERA. AN ACT TO AMEND

THE INSURANCE LAW, THE GENERAL BUSINESS LAW, THE TAX LAW AND THE

VEHICLE AND TRAFFIC LAW, IN RELATION TO ENACTING THE PEER-TO-PEER CAR

SHARING PROGRAM ACT.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

RODRIGUEZ, 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 6715. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A02591-A, RULES

REPORT NO. 538, CARROLL, DICKENS, RODRIGUEZ, GOTTFRIED, ABINANTI,

STIRPE, FAHY, BARRON, DAVILA, NIOU, L. ROSENTHAL, EPSTEIN, ANDERSON,

PAULIN, DINOWITZ, REYES, COLTON, DE LA ROSA, GALEF, OTIS, JACKSON,

GALLAGHER, PERRY, THIELE, GONZ�LEZ-ROJAS, STERN, ZEBROWSKI, ROZIC,

QUART. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION TO

PROVISIONS IN STATE PROCUREMENT CONTRACTS INVOLVING THE USE OF

LOW-EMBODIED CARBON CONCRETE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 2591-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. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER. ON THIS

MEASURE, WHILE THERE HAVE BEEN SOME IMPROVEMENTS SUCH AS THE

ELIMINATION OF FLY ASH IN BOTH THE PRODUCT AND IN GENERATING ENERGY FOR

THIS, THIS STILL ALLOWS FOR THE BURNING OF TIRES IN ORDER TO POWER THE

PRODUCTION AND ALLOWS FOR THE USE OF SLAG IN THE MATERIAL ITSELF. AND SO

AT THE MOMENT, UNTIL THERE'S A LITTLE BIT MORE ADJUSTMENT TO THE BILL, AT

THE MOMENT I WILL BE VOTING IN THE NEGATIVE. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02619-A, RULES

REPORT NO. 539, BARRON, PRETLOW, DICKENS, AUBRY, WALKER, WILLIAMS,

RICHARDSON, SOLAGES, PICHARDO, RODRIGUEZ, PEOPLES-STOKES, COOK,

J. RIVERA, DE LA ROSA, PERRY, VANEL, HYNDMAN, CAHILL, JEAN-PIERRE,

BICHOTTE HERMELYN, TAYLOR, DILAN, DARLING, JOYNER, BENEDETTO,

EPSTEIN, REYES, FRONTUS, SIMON, RAMOS, FERNANDEZ, CRUZ, NOLAN,

NYS ASSEMBLY JUNE 8, 2021

O'DONNELL, ZINERMAN, JACKSON, FORREST, BURGOS. AN ACT TO

ACKNOWLEDGE THE FUNDAMENTAL INJUSTICE, CRUELTY, BRUTALITY AND

INHUMANITY OF SLAVERY IN THE CITY OF NEW YORK AND THE STATE OF NEW

YORK; TO ESTABLISH THE NEW YORK STATE COMMUNITY COMMISSION ON

REPARATIONS REMEDIES, TO EXAMINE THE INSTITUTION OF SLAVERY,

SUBSEQUENTLY DE JURE AND DE FACTO RACIAL AND ECONOMIC DISCRIMINATION

AGAINST AFRICAN-AMERICANS AND THE IMPACT OF THESE FORCES ON LIVING

AFRICAN-AMERICANS AND TO MAKE DETERMINATIONS REGARDING

COMPENSATION; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02670-B, RULES

REPORT NO. 540, HYNDMAN. AN ACT TO DIRECT THE NEW YORK STATE

DEPARTMENT OF HEALTH TO CONDUCT A STUDY ON THE INCIDENCES OF ASTHMA

IN CITIES AND TOWNS HAVING A POPULATION OF MORE THAN 90,000.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 646-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.

NYS ASSEMBLY JUNE 8, 2021

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03058, RULES REPORT

NO. 541, FAHY, MCDONALD. AN ACT TO AMEND THE VEHICLE AND TRAFFIC

LAW, IN RELATION TO THE RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF

ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE

VEHICLE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL

PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING

SUCH PROVISIONS PERMANENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

FAHY, 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 ASSEMBLY PRINT 6428. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: ASSEMBLY NO. A03184, RULES REPORT

NO. 542, DINOWITZ, PEOPLES-STOKES, PAULIN, GOTTFRIED, L. ROSENTHAL,

ZEBROWSKI, WEPRIN, GALEF, CAHILL, COLTON, ABINANTI, HEVESI, COOK,

STIRPE, STECK, LUPARDO, GUNTHER, PERRY, SANTABARBARA, JEAN-PIERRE,

JOYNER, FAHY, OTIS, HUNTER, BARRETT, SEAWRIGHT, LAVINE, TAYLOR, RA,

MONTESANO, SMITH, ENGLEBRIGHT, SIMON, GRIFFIN, BENEDETTO. AN ACT TO

AMEND THE PUBLIC SERVICE LAW, IN RELATION TO CREATING THE STATE OFFICE

OF THE UTILITY CONSUMER ADVOCATE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03491-A, RULES

REPORT NO. 543, GALEF, ABINANTI, MAGNARELLI, SEAWRIGHT, J. RIVERA,

HYNDMAN, WILLIAMS, COOK, STIRPE, WALLACE. AN ACT TO AMEND THE REAL

PROPERTY TAX LAW AND THE REAL PROPERTY LAW, IN RELATION TO THE

TAXATION OF PROPERTY OWNED BY A COOPERATIVE CORPORATION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03573, RULES REPORT

NO. 544, CYMBROWITZ, STERN, LAVINE, HUNTER, SEAWRIGHT, MAGNARELLI,

ENGLEBRIGHT, SIMON, MCDONALD, ABBATE, DICKENS, ANDERSON, BURDICK,

TAYLOR, SILLITTI, GALEF, JACKSON. AN ACT TO AMEND THE INSURANCE LAW, IN

RELATION TO CERTAIN VOIDABLE TRANSFERS AFFECTING A FEDERAL HOME LOAN

BANK.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 3573. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A03946, RULES REPORT

NO. 545, M. MILLER, MCDONOUGH. AN ACT TO AMEND THE VEHICLE AND

TRAFFIC LAW, IN RELATION TO AUTHORIZING A RESIDENTIAL PARKING SYSTEM IN

CERTAIN PARTS OF THE HAMLET OF OCEANSIDE IN THE TOWN OF HEMPSTEAD.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 624. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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 PICHARDO: MRS.

NYS ASSEMBLY JUNE 8, 2021

PEOPLES-STOKES.

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

COULD RECORD OUR COLLEAGUES MS. WEINSTEIN AND MR. CAHILL IN THE

NEGATIVE ON ASSEMBLY BILL 3946.

ACTING SPEAKER PICHARDO: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04010-B, RULES

REPORT NO. 546, THIELE, BYRNES, GRIFFIN, JACOBSON, PALMESANO. AN ACT

TO AMEND THE TRANSPORTATION LAW, IN RELATION TO REQUIRING THE

DEPARTMENT OF TRANSPORTATION TO ANNUALLY PREPARE AND SUBMIT TO THE

LEGISLATURE CERTAIN HIGHWAY PAVEMENT AND BRIDGE CONDITION REPORTS.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE ON BILL 4010-B. THIS IS A FAST ROLL CALL. ANY MEMBER

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

MAJORITY OR MINORITY LEADER'S OFFICE AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: ASSEMBLY NO. A04044, RULES REPORT

NO. 547, FRIEND. AN ACT TO AMEND THE COUNTY LAW AND THE TAX LAW,

IN RELATION TO AUTHORIZING THE COUNTY OF TIOGA TO IMPOSE AN ADDITIONAL

SURCHARGE TO PAY FOR THE COSTS ASSOCIATED WITH UPDATING THE

TELECOMMUNICATION EQUIPMENT AND TELEPHONE SERVICES NEEDED TO

PROVIDE AN ENHANCED 911 EMERGENCY TELEPHONE SYSTEM TO SERVE SUCH

COUNTY; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER PICHARDO: HOME RULE

MESSAGE IS AT THE DESK.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 4044. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER'S OFFICE AT THE NUMBERS

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

NEGATIVE VOTES ON THE FLOOR, PLEASE RECORD ASSEMBLYMAN FITZPATRICK IN

THE NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER PICHARDO: SO NOTED, SIR.

MRS. PEOPLES-STOKES.

NYS ASSEMBLY JUNE 8, 2021

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES MS. WALLACE, MS.

MCMAHON, MR. ENGLEBRIGHT, MS. FAHY, MR. STIRPE, MR. BARNWELL AND

MR. SANTABARBARA AS A NEGATIVE ON 4044.

ACTING SPEAKER PICHARDO: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04277, RULES REPORT

NO. 549, WALKER. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

THE REQUIREMENTS FOR NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS

RELATING TO CERTAIN INSTRUMENTS AFFECTING REAL PROPERTY.

ACTING SPEAKER PICHARDO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A04637, RULES REPORT

NO. 550, ENGLEBRIGHT, LAVINE, GRIFFIN, COLTON. AN ACT TO AMEND THE

ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO LIMITING THE

EXCEPTIONS TO CERTAIN EFFLUENT LIMITATIONS IN NASSAU AND SUFFOLK

COUNTIES AND REQUIRING CERTAIN ELIGIBLE PROJECTS FOR STATE AID INVOLVING

WATER POLLUTION CONTROL REVOLVING FUND AGREEMENTS TO TAKE

COUNTY-WIDE OR REGIONAL WASTEWATER PLANNING INTO CONSIDERATION WHEN

DETERMINING ELIGIBILITY.

ACTING SPEAKER PICHARDO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER PICHARDO: THE CLERK WILL

RECORD THE VOTE ON A.4637. THIS IS A FAST ROLL CALL. ANY MEMBER WHO

WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER'S OFFICE AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04675, RULES REPORT

NO. 551, TAGUE. AN ACT TO AUTHORIZE THE COUNTY OF COLUMBIA TO OFFER

AN OPTIONAL 20-YEAR RETIREMENT PLAN TO THEODORE BLANK, A DEPUTY

SHERIFF EMPLOYED BY SUCH COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

TAGUE, 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 4404. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY JUNE 8, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04742-B, RULES

REPORT NO. 552, WOERNER, ENGLEBRIGHT, OTIS, MCMAHON, LUPARDO,

ABINANTI, JONES. AN ACT TO AMEND THE PARKS, RECREATION AND HISTORIC

PRESERVATION LAW, IN RELATION TO ESTABLISHING THE "NEW YORK STATE

250TH COMMEMORATION ACT"; TO AMEND THE STATE FINANCE LAW, IN

RELATION TO ESTABLISHING THE NEW YORK STATE 250TH COMMEMORATION

COMMISSION FUND; 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 IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 4742-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. A04753, RULES REPORT

NO. 553, WALCZYK. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

EXTENDING THE THOUSAND ISLANDS-SEAWAY WINE TRAIL.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2241. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A04817-A, RULES

REPORT NO. 554, RA. AN ACT AUTHORIZING THE FAMILY AND CHILDREN'S

ASSOCIATION TO RECEIVE RETROACTIVE REAL PROPERTY TAX-EXEMPTION [SIC]

STATUS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

RA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 329-A. THIS IS A FAST ROLL CALL. ANY

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

NYS ASSEMBLY JUNE 8, 2021

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04982-A, RULES

REPORT NO. 555, HEVESI, EPSTEIN, SIMON, ABINANTI, SEAWRIGHT, AUBRY,

GOTTFRIED, JACKSON, MITAYNES, FORREST, QUART, GONZ�LEZ-ROJAS, MEEKS

MAMDANI, PERRY, BURDICK, DICKENS, WALKER, BARRON, LUNSFORD. AN ACT

TO AMEND THE FAMILY COURT ACT, THE SOCIAL SERVICES LAW AND THE

EXECUTIVE LAW, IN RELATION TO RAISING THE LOWER AGE OF JUVENILE

DELINQUENCY JURISDICTION FROM AGE 7 TO AGE 12 AND TO ESTABLISH

DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER THE AGE OF 12.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05264-C, RULES

REPORT NO. 556, RICHARDSON, DE LA ROSA, JACKSON, FORREST, SIMON,

GONZ�LEZ-ROJAS, PERRY, BARRON. AN ACT TO AMEND THE CRIMINAL

PROCEDURE LAW AND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO

DETAINING PERSONS FOR LONGER THAN 24 HOURS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05339, RULES REPORT

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

NYS ASSEMBLY JUNE 8, 2021

LUPARDO, DINOWITZ, BENEDETTO, ABINANTI, BARRON, MEEKS, JENSEN,

SILLITTI, KELLES, LUNSFORD. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

RELATION TO FUNDING EARLY INTERVENTION SERVICES; AND TO REPEAL CERTAIN

PROVISIONS OF THE PUBLIC HEALTH LAW AND THE INSURANCE LAW RELATING

THERETO.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,

2022.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 5339. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. THIS IS A GREAT BILL. IT RELATES TO FUNDING FOR EARLY

INTERVENTION SERVICES WHICH ARE SO CRITICALLY IMPORTANT TO GET OUR

YOUNG, SOMETIMES INFANTS, TO VERY YOUNG CHILDREN, PRESCHOOL KIDS IN SO

THAT THEY CAN RECEIVE THE BEST SERVICES, WHETHER IT'S SPEECH, OT, PT,

ANY KIND OF SERVICE THAT THEY NEED. IT'S AT NO COST TO THE PARENTS AND THE

RESULTS ONCE THEY GET INTO SCHOOL ARE GOING TO BE SO MUCH BETTER. THIS

BILL CHANGES THE WAY THAT THESE EARLY INTERVENTION SERVICES WILL BE

FUNDED. AND SO I ALSO LOVE THIS BILL BECAUSE IT MAY RESULT IN A POTENTIAL

COST SAVINGS FOR MUNICIPALITIES WHO CURRENTLY BEAR MUCH OF THE COST OF

NYS ASSEMBLY JUNE 8, 2021

PROVIDING THESE IMPORTANT SERVICES.

SO FOR ALL OF THOSE REASONS I'LL BE SUPPORTING THIS BILL,

AS I SUSPECT MANY OF MY COLLEAGUES WILL AS WELL. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

AFFIRMATIVE.

MR. CAHILL TO EXPLAIN HIS VOTE.

MR. CAHILL: MR. SPEAKER, I WOULD LIKE TO LAY THE

BILL ASIDE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

ROLL CALL IS WITHDRAWN.

THE CLERK: ASSEMBLY NO. A05434, RULES REPORT

NO. 558 REILLY, CUSICK, FALL, TANNOUSIS. AN ACT TO AMEND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO AUTHORIZING THE DORMITORY AUTHORITY TO

PROVIDE FINANCING TO THE SANDY GROUND HISTORICAL MUSEUM.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 5991. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

NYS ASSEMBLY JUNE 8, 2021

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05461-B, RULES

REPORT NO. 559, THIELE. AN ACT IN RELATION TO AUTHORIZING THE FLANDERS,

RIVERSIDE AND NORTHAMPTON COMMUNITY ASSOCIATION, INC. TO FILE AN

APPLICATION FOR A PARTIAL EXEMPTION FROM REAL PROPERTY TAXES.

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 5461-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. A05465-D, RULES

REPORT NO. 560, O'DONNELL, BRONSON, GLICK, GONZ�LEZ-ROJAS, TAYLOR,

SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE, GOTTFRIED, LUPARDO,

FERNANDEZ, DINOWITZ, HYNDMAN, BURDICK, GALLAGHER, OTIS, HEVESI,

REYES, JACKSON, DAVILA, LUNSFORD, FORREST, CRUZ, DE LA ROSA, PERRY,

THIELE, SILLITTI, DICKENS, ZINERMAN, ENGLEBRIGHT, STECK, MAMDANI,

NYS ASSEMBLY JUNE 8, 2021

FAHY, KELLES. AN ACT TO AMEND THE CIVIL RIGHTS LAW, THE VEHICLE AND

TRAFFIC LAW AND THE PUBLIC HEALTH LAW, IN RELATION TO ENACTING THE

"GENDER RECOGNITION ACT"; AND TO REPEAL SUBDIVISION 1 OF SECTION 502

OF THE VEHICLE AND TRAFFIC LAW RELATING TO DRIVER'S LICENSES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

O'DONNELL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05489-B, RULES

REPORT NO. 561, SOLAGES, BICHOTTE HERMELYN, NOLAN, SEAWRIGHT,

SILLITTI, DINOWITZ, FERNANDEZ, BARRON, GOTTFRIED, ZINERMAN,

ENGLEBRIGHT, GLICK, DAVILA. AN ACT TO AMEND THE PUBLIC HEALTH LAW,

IN RELATION TO REQUIRING THE DEPARTMENT OF HEALTH TO DEVELOP AN

INFORMATIONAL PAMPHLET FOR PATIENTS UNDERGOING PELVIC EXAMINATIONS

AND TO MAKE THE INFORMATIONAL PAMPHLET AVAILABLE FOR USE BY MEDICAL

PRACTITIONERS PERFORMING PELVIC EXAMINATIONS AND TO REQUIRE MEDICAL

PRACTITIONERS PERFORMING PELVIC EXAMS TO DISSEMINATE SUCH PAMPHLETS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

SOLAGES, 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 100TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 210-B. THIS IS A FAST ROLL CALL. ANY

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

NYS ASSEMBLY JUNE 8, 2021

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05517-B, RULES

REPORT NO. 562, SOLAGES, GOTTFRIED, HEVESI, JACOBSON, WALLACE,

SIMON, FERNANDEZ, DESTEFANO, NOLAN, BICHOTTE HERMELYN, SEAWRIGHT,

SILLITTI, DINOWITZ, BARRON, GALEF, ZINERMAN, ENGLEBRIGHT, L. ROSENTHAL,

DAVILA. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

PROHIBITING VIRGINITY EXAMINATIONS.

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 5517-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. A05549, RULES REPORT

NO. 563, RICHARDSON, HYNDMAN, DE LA ROSA, WALKER, DAVILA,

NYS ASSEMBLY JUNE 8, 2021

FERNANDEZ, CRUZ, DICKENS, JACKSON, ZINERMAN. AN ACT TO AMEND THE

CORRECTION LAW AND THE EXECUTIVE LAW, IN RELATION TO CERTIFICATES UPON

DISCHARGE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05577, RULES REPORT

NO. 564, BYRNES. AN ACT GRANTING RETROACTIVE MEMBERSHIP OF THE NEW

YORK STATE LOCAL EMPLOYEES' RETIREMENT SYSTEM TO SHAWN COVENY.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

BYRNES, 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 3594. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A05679-A, RULES

REPORT NO. 565, DARLING, BICHOTTE HERMELYN. AN ACT TO DECLARE RACISM

A PUBLIC HEALTH CRISIS AND TO ESTABLISH A WORKING GROUP TO PROMOTE

RACIAL EQUITY THROUGHOUT THE STATE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

NYS ASSEMBLY JUNE 8, 2021

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05705-A, RULES

REPORT NO. 566, JOYNER, BURDICK, D. ROSENTHAL, DINOWITZ, ZINERMAN,

REYES, SIMON, DE LA ROSA. AN ACT TO AMEND THE CORRECTION LAW AND

THE EXECUTIVE LAW, IN RELATION TO WORK RELATED LABOR PROTESTS NOT BEING

CONSIDERED A PAROLE VIOLATION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05752, RULES REPORT

NO. 567, JOYNER. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

RELATION TO YOUTHFUL OFFENDER DETERMINATIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05823-A, RULES

REPORT NO. 568, L. ROSENTHAL, GOTTFRIED, LAVINE, MCDONALD, SIMON,

FAHY. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO MANDATING

THE REPORTING OF SUSPECTED ANIMAL CRUELTY BY VETERINARIANS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05891-B, RULES

REPORT NO. 569, JOYNER, SIMON, DICKENS, CARROLL, AUBRY, BARRON,

O'DONNELL, DINOWITZ, FORREST, JACKSON, HEVESI. AN ACT TO AMEND THE

FAMILY COURT ACT AND THE CRIMINAL PROCEDURE LAW, IN RELATION TO THE

CUSTODIAL INTERROGATION OF JUVENILES BY LAW ENFORCEMENT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: ASSEMBLY NO. A05965, RULES REPORT

NO. 570, MR. GIGLIO. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "SERGEANT

DAVID LOCKWOOD MEMORIAL BRIDGE."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

GIGLIO, 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 SENATE PRINT 1752. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A06021, RULES REPORT

NO. 571, HAWLEY, ANGELINO, SMULLEN, BYRNES, MCDONOUGH, SALKA, B.

MILLER, MONTESANO. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "SP4 C. JAY

HALL MEMORIAL BRIDGE."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6150. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A06054, RULES REPORT

NO. 572, HUNTER, MAMDANI, EPSTEIN, GALEF. AN ACT TO AMEND THE

CRIMINAL PROCEDURE LAW AND THE PENAL LAW, IN RELATION TO ABOLISHING

CITIZEN'S ARRESTS; AND TO REPEAL CERTAIN PROVISIONS OF THE CRIMINAL

PROCEDURE LAW AND THE FAMILY COURT ACT RELATING THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06121-B, RULES

REPORT NO. 573, JEAN-PIERRE, FAHY, PALMESANO, STECK, SCHMITT, B.

MILLER. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO REQUIRING

MEMBERS OF A BOARD OF TRUSTEES OF PUBLIC, FREE ASSOCIATION AND INDIAN

LIBRARIES TO COMPLETE TWO HOURS OF TRUSTEE EDUCATION ANNUALLY.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

JEAN-PIERRE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

NYS ASSEMBLY JUNE 8, 2021

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4435-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 REQUIRES

THAT VOLUNTEER MEMBERS OR THE TRUSTEES OF LOCAL LIBRARIES UNDERGO TWO

HOURS OF TRAINING EVERY YEAR. AND I AM CONCERNED THAT WE KEEP ADDING

TRAINING REQUIREMENTS AND OTHER OBLIGATIONS AND MANDATES ON

VOLUNTEERS. THE VOLUNTEERS THAT SERVE ON THESE HOSPITAL BOARDS STEP

FORWARD, THEY DON'T GET ANY COMPENSATION, THEY BRING THEIR BEST FOOT

FORWARD AND THEY DO THE BEST THEY CAN. AND WHILE I APPRECIATE THE

SPONSOR'S DESIRE TO ENSURE THAT HOS -- THAT THE LIBRARY TRUSTEES ARE WELL

EDUCATED, I WOULD POINT OUT THAT OFTENTIMES, A REALLY GOOD BOARD OF

TRUSTEES HAS PEOPLE WITH EXPERTISE IN DIFFERENT AREAS. ONE MIGHT BE ON

LIBRARY -- LIBRARY BOOK ACQUISITIONS, ONE MIGHT BE ON COMMUNITY

SERVICE, ONE MIGHT BE LEGAL ISSUES, ONE MIGHT BE INSURANCE ISSUES, ONE

MIGHT BE FINANCE ISSUES. AND FOR US AS A STATE LEGISLATURE TO MANDATE

FINANCIAL TRAINING, TWO HOURS EVERY SINGLE YEAR FOR VOLUNTEERS IS AN

OVERREACH IN MY OPINION AND THAT'S WHY I WILL BE VOTING NO. THANK

YOU, SIR.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. GOODELL.

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

COLLEAGUE, MR. DIPIETRO, IN THE NEGATIVE ALONG WITH THOSE WHO HAVE

VOTED NO ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06184, RULES REPORT

NO. 574, BROWN. AN ACT IN RELATION TO AUTHORIZING THE ASSESSOR OF THE

TOWN OF HUNTINGTON, COUNTY OF SUFFOLK, TO ACCEPT FROM THE LEAGUE FOR

ANIMAL PROTECTION OF HUNTINGTON, INC. AN APPLICATION FOR EXEMPTION

FROM REAL PROPERTY TAXES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY -- ON SENATE PRINT 1092. THIS IS A FAST

ROLL CALL. ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS

REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY JUNE 8, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

AND, MR. BROWN, CONGRATULATIONS; YOU HAVE JOINED

THE FAMILY OF THE (INAUDIBLE).

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06187, RULES REPORT

NO. 575, M. MILLER. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "PETER V.

SOBOL MEMORIAL BRIDGE."

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

MILLER, 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 4651. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER IN THE -- 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 -- ASSEMBLY NO.

NYS ASSEMBLY JUNE 8, 2021

A06213-A, RULES REPORT NO. 576, LUNSFORD. AN ACT IN RELATION TO

AUTHORIZING THE TOWN OF WEBSTER, COUNTY OF MONROE, TO ALIENATE

CERTAIN LANDS USED AS PARKLAND AND TO DEDICATE CERTAIN OTHER LANDS AS

PARKLANDS.

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 5127-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. HYNDMAN: MR. SPEAKER, PLEASE RECORD OUR

COLLEAGUES IN THE NEGATIVE ON THIS BILL: MR. ENGLEBRIGHT, MR. CAHILL,

MRS. BARRETT, MR. COLTON, MR. DILAN, MS. SIMON, MS. ROSENTHAL, MS.

WILLIAMS, MS. NIOU, AND MR. CARROLL.

ACTING SPEAKER AUBRY: SO NOTED.

MS. HYNDMAN: PLEASE ADD MS. WALKER.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06215-A, RULES

NYS ASSEMBLY JUNE 8, 2021

REPORT NO. 577, NIOU, EPSTEIN, OTIS. AN ACT TO AMEND THE STATE

TECHNOLOGY LAW, IN RELATION TO REQUIRING THE OFFICE OF INFORMATION

TECHNOLOGY SERVICES TO COOPERATE WITH ALL STATE AGENCIES IN THE

IMPLEMENTATION OF LANGUAGE TRANSLATION TECHNOLOGY.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

NIOU, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED

AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06221, RULES REPORT

NO. 578, MONTESANO. AN ACT IN RELATION TO AUTHORIZING THE NASSAU

COUNTY ASSESSOR TO ACCEPT AN APPLICATION FROM THE TOWN OF OYSTER

BAY FOR A REAL PROPERTY TAX EXEMPTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4645. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A06237-A, RULES

NYS ASSEMBLY JUNE 8, 2021

REPORT NO. 579, MS. GIGLIO. AN ACT TO AUTHORIZE THE TOWN OF

BROOKHAVEN, COUNTY OF SUFFOLK, TO ALIENATE AND DISCONTINUE THE USE OF

CERTAIN PARKLANDS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4608-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

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

COULD RECORD OUR COLLEAGUES MR. ENGLEBRIGHT, MR. CAHILL, MRS. BARRETT,

MR. COLTON, MR. DILAN, MS. SIMON, MS. LINDA ROSENTHAL, MRS.

WILLIAMS, MR. BARNWELL, AND MS. FAHY IN THE NEGATIVE ON 6237.

ACTING SPEAKER AUBRY: SO NOTED, MRS.

PEOPLES-STOKES.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. GIGLIO, PLEASE RISE AND TAKE YOUR APPLAUSE.

(APPLAUSE)

NYS ASSEMBLY JUNE 8, 2021

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06295-A, RULES

REPORT NO. 580, LUPARDO, BRONSON, ABBATE, BUTTENSCHON, CRUZ,

EPSTEIN, SIMON, TAYLOR, PALMESANO, DESTEFANO, MIKULIN, MCDONOUGH,

SALKA, SCHMITT, WALCZYK, FAHY, GALLAHAN, LAWLER, WALLACE. AN ACT TO

AMEND THE VEHICLE AND TRAFFIC LAW AND THE TRANSPORTATION LAW, IN

RELATION TO ESTABLISHING A COMMERCIAL DRIVER'S LICENSE (CDL) CLASS A

YOUNG ADULT TRAINING PROGRAM.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 6295-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. A06340, RULES REPORT

NO. 581, FRIEND. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN

RELATION TO PERMITTING THE OWEGO APALACHIN CENTRAL SCHOOL DISTRICT TO

ESTABLISH AN INSURANCE RESERVE FUND.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

NYS ASSEMBLY JUNE 8, 2021

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 5380. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A06384-A, RULES

REPORT NO. 582, ABBATE, ENGLEBRIGHT. AN ACT TO AMEND THE RETIREMENT

AND SOCIAL SECURITY LAW, IN RELATION TO INCLUDING CERTAIN EMPLOYEES

WHO WERE EMPLOYED IN PUBLIC SERVICE BUT BECAME MEMBERS OF A

RETIREMENT SYSTEM AT A LATER DATE FOR ELIGIBILITY FOR THOSE WHO

PARTICIPATED IN THE WORLD TRADE CENTER RESCUE, RECOVERY, OR CLEANUP

OPERATIONS.

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 4961-B. THIS IS A FAST ROLL CALL. ANY

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

NYS ASSEMBLY JUNE 8, 2021

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06397, RULES REPORT

NO. 583, GANDOLFO. AN ACT IN RELATION TO AUTHORIZING CHABAD OF ISLIP

TOWNSHIP INC. TO FILE AN APPLICATION FOR EXEMPTION FROM REAL PROPERTY

TAXES FOR CERTAIN ASSESSMENT ROLLS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

GANDOLFO, 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 5402. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A06506, RULES REPORT

NO. 584, GUNTHER. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN

NYS ASSEMBLY JUNE 8, 2021

RELATION TO REQUIRING MONTHLY STATUS REPORTS OF COMMUNITY INVESTMENTS

AND THE IMPACT ON INPATIENT CENSUS.

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 6506. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A06553, RULES REPORT

NO. 585, MCDONALD. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

AUTHORIZING A GIFT FOR SUBSTANCE USE DISORDER EDUCATION AND RECOVERY ON

PERSONAL INCOME TAX RETURNS; TO AMEND THE STATE FINANCE LAW, IN

RELATION TO ESTABLISHING THE SUBSTANCE USE DISORDER EDUCATION AND

RECOVERY FUND; AND TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO

PROVIDING GRANTS FOR SUBSTANCE USE DISORDER EDUCATION AND RECOVERY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

NYS ASSEMBLY JUNE 8, 2021

RECORD THE VOTE ON SENATE PRINT 4086. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06668-B, RULES

REPORT NO. 586, THIELE. AN ACT AUTHORIZING THE TOWN OF

SOUTHAMPTON, COUNTY OF SUFFOLK TO ALIENATE CERTAIN PARCELS OF LAND

USED AS PARKLAND.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE THIS -- ON SENATE PRINT 5985-B. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

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

COULD RECORD OUR COLLEAGUES MR. ENGLEBRIGHT, MR. CAHILL, MRS. BARRETT,

NYS ASSEMBLY JUNE 8, 2021

MR. COLTON, MR. DILAN, MS. SIMON, MS. LINDA ROSENTHAL, MRS.

WILLIAMS, MS. WEINSTEIN, AND MR. BARNWELL IN THE NEGATIVE ON 6668.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06670, RULES REPORT

NO. 587, GUNTHER. AN ACT GRANTING RETROACTIVE TIER IV MEMBERSHIP IN

THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM TO

DAVID GOODMAN.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

GUNTHER, 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 ASSEMBLY [SIC] PRINT 5691. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER ROZIC: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

PLEASE RECORD ASSEMBLYMAN FITZPATRICK IN THE NEGATIVE. THANK YOU,

MADAM.

ACTING SPEAKER ROZIC: THANK YOU, MR.

NYS ASSEMBLY JUNE 8, 2021

GOODELL.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06709-B, RULES

REPORT NO. 588, L. ROSENTHAL, BARRON. AN ACT TO AMEND THE SOCIAL

SERVICES LAW, IN RELATION TO EXEMPTING CERTAIN INCOME AND RESOURCES

PROVIDED TO PERSONS ENROLLED IN CERTAIN PILOT PROGRAMS WITH DIRECT CASH

TRANSFERS IN DETERMINING ELIGIBILITY FOR PUBLIC ASSISTANCE BENEFITS; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER ROZIC: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06735, RULES REPORT

NO. 589, TAGUE. AN ACT TO AUTHORIZE THE VILLAGE OF ATHENS, IN THE

COUNTY OF GREENE, TO OFFER AN OPTIONAL 20-YEAR RETIREMENT PLAN TO

POLICE OFFICER EDWARD TERCASIO, JR.

ACTING SPEAKER ROZIC: ON A MOTION BY MR.

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

ADVANCED. A HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON S-4779. 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.

NYS ASSEMBLY JUNE 8, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06740-A, RULES

REPORT NO. 590, CONRAD. AN -- AN ACT TO AMEND CHAPTER 560 OF THE

LAWS OF 1998, AMENDING THE NOT-FOR-PROFIT CORPORATION LAW AND

OTHER LAWS, RELATING TO COMBINATIONS OF CEMETERY CORPORATIONS AND

FUNERAL ENTITIES, AND THE SALE OF MONUMENTS AND MEMORIALS, IN RELATION

TO FUNERAL ENTITIES AND THE OPERATION OF ANY CREMATORY OR CREMATORIUM.

ACTING SPEAKER ROZIC: ON A MOTION BY MR.

CONRAD, 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 ROZIC: THE CLERK WILL RECORD

THE VOTE ON S-6171-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. A06762-B, RULES

REPORT NO. 591, FAHY, ANDERSON, BURDICK, DINOWITZ, SEAWRIGHT,

SILLITTI, TAYLOR, L. ROSENTHAL, CARROLL, JACOBSON, STECK, THIELE, PERRY,

DARLING, EPSTEIN, OTIS, SIMON, DAVILA, MEEKS, BARRON, HEVESI, PAULIN,

LAVINE, J. RIVERA, COLTON, DICKENS, DILAN, JEAN-PIERRE, PICHARDO, CRUZ,

NYS ASSEMBLY JUNE 8, 2021

GRIFFIN, GOTTFRIED, SOLAGES, ABINANTI, GALEF, GONZ�LEZ-ROJAS, KELLES.

AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE DANGERS

TO SAFETY AND HEALTH AND CREATION OF A PUBLIC NUISANCE CAUSED BY THE

SALE, MANUFACTURING, DISTRIBUTION, IMPORTING, AND MARKETING OF

FIREARMS.

ACTING SPEAKER ROZIC: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06866, RULES REPORT

NO. 592, JEAN-PIERRE. AN ACT TO AMEND THE REAL PROPERTY LAW AND THE

STATE FINANCE LAW, IN RELATION TO ESTABLISHING THE ANTI-DISCRIMINATION

IN HOUSING FUND AND ALLOCATING MONEYS FROM FINES THERETO.

ACTING SPEAKER ROZIC: ON A MOTION BY MS.

JEAN-PIERRE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON S-945-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, MADAM SPEAKER. I'LL

BE VOTING AGAINST THIS BILL. THE BILL HAS GOOD COMPONENTS. THE FIRST

COMPONENT ESTABLISHES A ANTI-DISCRIMINATION IN HOUSING FUND. I

CERTAINLY SUPPORT THAT CONCEPT. UNFORTUNATELY, THE BILL ALSO GOES ON TO

NYS ASSEMBLY JUNE 8, 2021

DOUBLE THE FINES THAT WOULD APPLY TO REALTORS. AND I THINK WE HAVE

ENOUGH FINES AND PENALTIES THAT APPLY TO ALL OF OUR PROFESSIONS AND NOW

IS NOT THE TIME TO DOUBLE THEM. SO FOR THAT REASON, I'LL BE VOTING

AGAINST IT, BUT IF THIS FUND WERE FUNDED IN A DIFFERENT WAY USING OUR

GENERAL FUND, IT WOULD CERTAINLY HAVE MY SUPPORT. THANK YOU,

MADAM SPEAKER.

ACTING SPEAKER ROZIC: MR. GOODELL IN THE

NEGATIVE.

MR. TAGUE.

(PAUSE)

MR. TAGUE: CAN YOU HEAR ME, MADAM SPEAKER.

ACTING SPEAKER ROZIC: WE CAN.

MR. TAGUE: OH, OKAY. THANK YOU. TO EXPLAIN MY

VOTE.

ACTING SPEAKER ROZIC: GO AHEAD, MR. TAGUE.

MR. TAGUE: MADAM SPEAKER, FOR THE SAME REASONS

THAT MY ESTEEMED COLLEAGUE JUST MENTIONED, I, TOO, WILL BE VOTING IN THE

NEGATIVE ON THIS BILL. THANK YOU VERY MUCH.

ACTING SPEAKER ROZIC: MR. TAGUE IN THE

NEGATIVE.

MR. FITZPATRICK TO EXPLAIN HIS VOTE.

MR. FITZPATRICK: THANK YOU, MADAM SPEAKER. I

FULLY SUPPORT THE -- THE GOAL OF THE LEGISLATION, BUT LIKE MY OTHER

COLLEAGUE, AND I BELIEVE NOW IS NOT THE RIGHT TIME TO DOUBLE FINES. A

THOUSAND IS MORE THAN -- MORE THAN ADEQUATE. DOUBLING IT RIGHT NOW I

NYS ASSEMBLY JUNE 8, 2021

DO NOT THINK IS A GOOD IDEA. BUT I DO SUPPORT THE -- THE OVERALL PURPOSE

OF THE BILL. THANK YOU.

ACTING SPEAKER ROZIC: MR. FITZPATRICK IN THE

NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER. IN

ADDITION TO THE NO VOTES ON THE FLOOR, PLEASE RECORD ASSEMBLYMAN

HAWLEY IN THE NEGATIVE. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER ROZIC: THANK YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER. IN

ADDITION TO THE NAMES I ANNOUNCED EARLIER, PLEASE RECORD MR.

BLANKENBUSH, MR. BRABENEC, MR. DIPIETRO, AND MR. FRIEND IN THE

NEGATIVE. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER ROZIC: THANK YOU, MR.

GOODELL.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06885, RULES REPORT

NO. 593, BARCLAY. AN ACT RELATING TO LEGALIZING, VALIDATING, RATIFYING

AND CONFIRMING A TRANSPORTATION CONTRACT OF THE FULTON CITY SCHOOL

DISTRICT.

ACTING SPEAKER ROZIC: ON A MOTION BY MR.

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

NYS ASSEMBLY JUNE 8, 2021

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON S-1867. THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES

TO 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. A06896-A, RULES

REPORT NO. 594, NIOU, KIM, DE LA ROSA, ROZIC, L. ROSENTHAL,

WEPRIN, RICHARDSON, FITZPATRICK, ENGLEBRIGHT, FRONTUS, SOLAGES,

REYES, FERNANDEZ, BRAUNSTEIN, GOTTFRIED, MITAYNES, GONZ�LEZ-ROJAS,

EPSTEIN. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO REQUIRING

THE COLLECTION OF CERTAIN DEMOGRAPHIC INFORMATION BY CERTAIN STATE

AGENCIES, BOARDS, DEPARTMENTS AND COMMISSIONS.

ACTING SPEAKER ROZIC: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06947, RULES REPORT

NO. 595, BARRETT. AN ACT TO AMEND THE TAX LAW AND THE REAL PROPERTY

TAX LAW, IN RELATION TO A TAX CREDIT AND TAX EXEMPTION FOR THE

REHABILITATION OF HISTORIC BARNS.

ACTING SPEAKER ROZIC: ON A MOTION BY MRS.

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

ADVANCED. READ THE LAST SECTION.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON S-6042. THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES

TO 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. A06953-A, RULES

REPORT NO. 596, KELLES. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

AUTHORIZING THE COUNTY OF CORTLAND TO IMPOSE A TAX ON REAL ESTATE

TRANSFERS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER ROZIC: HOME RULE MESSAGE IS

AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON A-6953-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, MADAM SPEAKER.

NYS ASSEMBLY JUNE 8, 2021

SOME OF MY COLLEAGUES WILL BE CONCERNED WITH THIS BILL BECAUSE IT'S AN

ACTUAL INCREASE IN LOCAL TAXES. IT'S AN INCREASE OF $2 PER $1,000 ON REAL

ESTATE TRANSFER TAXES. THAT $2 PER $1,000 APPLIES TO THE PURCHASE PRICE

IN CORTLAND COUNTY. I KNOW SOME OF MY COLLEAGUES ARE OPPOSED TO TAX

INCREASES, I'LL BE SUPPORTING IT BECAUSE IT'S A LOCAL BILL. THANK YOU.

ACTING SPEAKER ROZIC: MR. GOODELL.

AND CAN WE HAVE QUIET IN THE CHAMBER, PLEASE?

MR. GOODELL: THANK YOU, MADAM SPEAKER.

PLEASE RECORD IN THE NEGATIVE THE FOLLOWING COLLEAGUES: MR. DIPIETRO,

MR. FITZPATRICK, MR. MIKULIN, MR. NORRIS, IN ADDITION TO THOSE WHO

HAVE VOTED NO ON THE FLOOR. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER ROZIC: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, IF YOU

COULD RECORD OUR COLLEAGUES MR. CAHILL, MR. BARNWELL, MR. STIRPE, AND

MS. MCMAHON IN THE NEGATIVE ON 6953. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER ROZIC: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, IF YOU

COULD PLEASE ADD OUR COLLEAGUE, MR. SANTABARBARA, TO THAT LIST OF NOES.

THANK YOU.

ACTING SPEAKER ROZIC: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: ASSEMBLY NO. A07025-A, RULES

REPORT NO. 597, DURSO, B. MILLER. AN ACT RELATING TO LEGALIZING,

VALIDATING, RATIFYING, AND CONFIRMING A CERTAIN CONTRACT OF THE WEST

ISLIP UNION FREE SCHOOL DISTRICT.

ACTING SPEAKER ROZIC: ON A MOTION BY MR.

DURSO, 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 ROZIC: THE CLERK WILL RECORD

THE VOTE ON S-6188-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. A07031, RULES REPORT

NO. 598, BYRNES. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "CHIEF

WARRANT OFFICER 4 CHRISTIAN J. KOCH MEMORIAL HIGHWAY."

ACTING SPEAKER ROZIC: ON A MOTION BY MS.

BYRNES, 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 ROZIC: THE CLERK WILL RECORD

NYS ASSEMBLY JUNE 8, 2021

THE VOTE ON S-5399. THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES

TO 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. A07088-A, RULES

REPORT NO. 599, KELLES. AN ACT TO AMEND THE REAL PROPERTY TAX LAW,

IN RELATION TO ESTABLISHING A CONSERVATION EASEMENT AGREEMENT

EXEMPTION IN A TOWN HAVING A CERTAIN POPULATION.

ACTING SPEAKER ROZIC: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON A-7088-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. A07183, RULES REPORT

NO. 600, PEOPLES-STOKES. AN ACT TO AMEND CHAPTER 108 OF THE LAWS

OF 2016, AMENDING THE VEHICLE AND TRAFFIC LAW RELATING TO AUTHORIZING

A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF BUFFALO, IN

NYS ASSEMBLY JUNE 8, 2021

RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER ROZIC: ON A MOTION BY MRS.

PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. A HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON S-6410. THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES

TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES MS. WEINSTEIN AND MR.

CAHILL IN THE NEGATIVE ON A-7183.

ACTING SPEAKER ROZIC: INDEED. THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07243, RULES REPORT

NO. 601, RICHARDSON, SIMON, GALEF, ENGLEBRIGHT, JACOBSON,

MCMAHON. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

REQUIRING THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE DIVISION OF

STATE POLICE TO PUBLISH QUARTERLY REPORTS PROVIDING INFORMATION RELATED

TO FIREARMS, RIFLES AND SHOTGUNS USED IN THE COMMISSION OF CRIMES IN

THE STATE OF NEW YORK.

NYS ASSEMBLY JUNE 8, 2021

MS. ROZIC: ON -- ON A MOTION BY MS. RICHARDSON,

THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED AND

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07259, RULES REPORT

NO. 602, TANNOUSIS, CUSICK, REILLY, FALL. AN ACT TO AMEND CHAPTER

759 OF THE LAWS OF 1973 RELATING TO THE TRANSFER OF LANDS TO THE UNITED

STATES FOR THE ESTABLISHMENT OF THE GATEWAY NATIONAL RECREATION AREA,

IN RELATION TO THE TIME PERIOD IN WHICH LANDS MAY BE CONVEYED.

ACTING SPEAKER ROZIC: ON A MOTION BY MR.

TANNOUSIS, 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 ROZIC: THE CLERK WILL RECORD

THE VOTE S-6054. THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO

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.

AND CONGRATULATIONS, MR. TANNOUSIS, ON YOUR FIRST

BILL.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07286, RULES REPORT

NYS ASSEMBLY JUNE 8, 2021

NO. 603, RODRIGUEZ. AN ACT TO AMEND THE WORKERS' COMPENSATION

LAW, IN RELATION TO ELIMINATING UNCONSTITUTIONAL LANGUAGE RELATING TO

THE PRE-AUDIT OF EXPENDITURES FROM THE STATE INSURANCE FUND BY THE

STATE COMPTROLLER.

ACTING SPEAKER ROZIC: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON A-7286. THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES

TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

AND IF WE CAN HAVE SOME QUIET IN THE CHAMBER.

WITHDRAW THE ROLL CALL.

ON A MOTION BY MR. RODRIGUEZ, 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 ROZIC: THE CLERK WILL RECORD

THE VOTE ON S-7177. THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES

TO 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. A07292, RULES REPORT

NYS ASSEMBLY JUNE 8, 2021

NO. 604, DARLING. AN ACT IN RELATION TO AUTHORIZING THE COUNTY OF

NASSAU TO TRANSFER OWNERSHIP OF CERTAIN PARKLAND TO THE VILLAGE OF

FREEPORT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

DARLING, 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 1372. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU WILL

PLEASE RECORD OUR COLLEAGUES MR. ENGLEBRIGHT, MR. CAHILL, MRS. BARRETT,

MR. COLTON, MR. DILAN, MS. SIMON, MS. LINDA ROSENTHAL, MRS.

WILLIAMS, MS. NIOU, MR. CARROLL, AND MS. WALKER IN THE NEGATIVE ON

7292.

ACTING SPEAKER AUBRY: SO, NOTED. THANK

YOU, MA'AM.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07302, RULES REPORT

NYS ASSEMBLY JUNE 8, 2021

NO. 605, SIMON, ZINERMAN, RICHARDSON, EPSTEIN, MEEKS, ANDERSON,

GONZ�LEZ-ROJAS, BURGOS. AN ACT TO AMEND THE EDUCATION LAW AND THE

STATE FINANCE LAW, IN RELATION TO CREATING A FIREARM VIOLENCE RESEARCH

INSTITUTE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. 6 -- A07362-B, RULES

REPORT NO. 606, THIELE. AN ACT TO AMEND PART B OF CHAPTER 173 OF THE

LAWS OF 2013 RELATING TO THE ISSUANCE OF SECURITIZED RESTRUCTURING

BONDS TO REFINANCE THE OUTSTANDING DEBT OF THE LONG ISLAND POWER

AUTHORITY, IN RELATION TO THE UTILITY DEBT SECURITIZATION AUTHORITY; AND IN

RELATION TO PERMITTING THE ISSUANCE OF SECURITIZED RESTRUCTURING BONDS TO

FINANCE SYSTEM RESILIENCY COSTS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6455-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.

NYS ASSEMBLY JUNE 8, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07419-A. RULES

REPORT NO. 607, JACKSON, GONZ�LEZ-ROJAS, ZINERMAN, ENGLEBRIGHT,

STECK, BURDICK, REYES, SEPTIMO, ASHBY. AN ACT TO AMEND THE MENTAL

HYGIENE LAW, IN RELATION TO OPERATING COSTS FOR SUBSTANCE ABUSE

PROVIDERS RECEIVING FEDERAL AID.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

JACKSON, 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 5066-A. 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. A07463, RULES REPORT

NO. 608, STECK. AN ACT TO AUTHORIZE AND LEGALIZE CERTAIN ACTS AND

PROCEEDINGS OF ALBANY COUNTY RELATING TO THE ISSUANCE OF OBLIGATIONS

FOR THE ADVANCE REFUNDING OF CERTAIN SERIAL BONDS PREVIOUSLY ISSUED BY

ALBANY COUNTY.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

STECK, 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 6798. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07509, RULES REPORT

NO. 609, PRETLOW. AN ACT TO AMEND CHAPTER 62 OF THE LAWS OF 2015

AMENDING THE TAX LAW RELATING TO THE IMPOSITION OF AN OCCUPANCY TAX

IN THE CITY OF YONKERS, IN RELATION TO EXTENDING THE EFFECTIVENESS

THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6531. THIS IS A FAST ROLL CALL. ANY

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

NYS ASSEMBLY JUNE 8, 2021

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

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

ADDITION TO THE NO VOTES ON THE FLOOR, PLEASE RECORD MR. SCHMITT IN THE

NEGATIVE ON THIS LEGISLATION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES MR. ENGLEBRIGHT, MR.

BARNWELL, MR. SANTABARBARA, AND MR. STIRPE IN THE NEGATIVE ON 7509.

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.

THE CLERK: ASSEMBLY NO. A07509, RULES REPORT

NO. 609, PRETLOW. AN ACT TO AMEND CHAPTER 62 OF THE LAWS OF 2015.

(PAUSE)

I'LL READ THAT AGAIN.

ASSEMBLY NO. A07547-A, RULES REPORT NO. 610,

THIELE, GRIFFIN, BUTTENSCHON. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW, IN RELATION TO PERMITTING KELP CULTIVATION IN

NYS ASSEMBLY JUNE 8, 2021

UNDERWATER LANDS AT GARDINER'S AND PECONIC BAYS AND COMMERCIAL

FISHING LICENSES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE SENATE PRINT 6532-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. A07567-A, RULES

REPORT NO. 611, MCMAHON, LUPARDO, STIRPE, ZINERMAN, SIMON. AN

ACT TO AMEND THE AGRICULTURE AND MARKETS LAW, IN RELATION TO

ALTERNATIVE FUEL STANDARDS AND SPECIFICATIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 7567. THIS IS A FAST ROLL CALL. ANY

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

NYS ASSEMBLY JUNE 8, 2021

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07578-A, RULES

REPORT NO. 612, PAULIN. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW,

IN RELATION TO AUTHORIZING THE METROPOLITAN TRANSPORTATION AUTHORITY

AND ITS SUBSIDIARIES TO FINGERPRINT APPLICANTS FOR EMPLOYMENT AND TO

OBTAIN CRIMINAL HISTORIES OF SUCH APPLICANTS.

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 7578-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. A07594, RULES REPORT

NO. 613, PRETLOW. AN ACT TO AMEND THE TAX LAW AND CHAPTER 535 OF

THE LAWS OF 1987, AMENDING THE TAX LAW RELATING TO THE CITY OF

NYS ASSEMBLY JUNE 8, 2021

YONKERS PERSONAL INCOME TAX SURCHARGE, IN RELATION TO EXTENDING THE

EXPIRATION DATE OF THE PERSONAL INCOME TAX SURCHARGE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6797. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO MY

COLLEAGUES WHO ARE VOTING NO ON THE FLOOR, PLEASE RECORD THE FOLLOWING

COLLEAGUES IN THE NEGATIVE: MR. DIPIETRO, MR. NORRIS, AND MR.

SCHMITT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU CAN

RECORD OUR COLLEAGUES MR. BARNWELL, MR. SANTABARBARA, MS.

BUTTENSCHON, AND MR. STIRPE IN THE NEGATIVE ON 7594.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES, SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY JUNE 8, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07616, RULES REPORT

NO. 614, ANGELINO. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "SP4

RICHARD F. WALTON, JR. MEMORIAL HIGHWAY."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6799. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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.)

AND THE BILL IS PASSED.

MR. ANGELINO, I HEAR A RUMOR THIS IS YOUR FIRST BILL.

CONGRATULATIONS.

(APPLAUSE)

GOOD LUCK, MR. ANGELINO.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07640, RULES REPORT

NYS ASSEMBLY JUNE 8, 2021

NO. 615, ABBATE, CUSICK, GRIFFIN, COLTON. AN ACT TO AMEND THE

RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO DETERMINATION OF

SALARY BASE FOR MEMBERS OF THE CITY OF NEW YORK FIRE DEPARTMENT

PENSION FUND.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6405. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07644-A, RULES

REPORT NO. 616, LUNSFORD, WALLACE. AN ACT TO AMEND THE REAL

PROPERTY TAX LAW, IN RELATION TO PROVIDING A TAX EXEMPTION ON REAL

PROPERTY OWNED BY MEMBERS OF VOLUNTEER FIRE COMPANIES OR VOLUNTARY

AMBULANCE SERVICES IN A CERTAIN COUNTY.

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.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT ON JANUARY

1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6676. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07645, RULES REPORT

NO. 617, MCMAHON. AN ACT TO INCORPORATE THE EAST AMHERST FIRE --

FIRE DEPARTMENT BENEVOLENT ASSOCIATION, AND PROVIDING FOR ITS POWERS

AND DUTIES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

MCMAHON, 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 6702. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY JUNE 8, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07649, RULES REPORT

NO. 618, DAVILA, HEVESI. AN ACT TO AMEND THE FAMILY COURT ACT, IN

RELATION TO EXPIRATION DATES OF ORDERS OF PROTECTION AND THE DURATION OF

TEMPORARY ORDERS OF PROTECTION IN JUVENILE DELINQUENCY CASES.

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 7649. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07654, RULES REPORT

NO. 619, LAVINE. AN ACT TO AMEND PUBLIC AUTHORITIES LAW AND THE

GENERAL MUNICIPAL LAW, IN RELATION TO ESTABLISHING THE NORTH SHORE

WATER AUTHORITY.

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.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6707. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. MONTESANO TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. I JUST WANT TO THANK THE SPONSOR FOR SHIFTING THIS BILL

THROUGH, IT'S BEEN LONG AWAITED IN THE DISTRICTS FOR MYSELF AND MY OTHER

COLLEAGUE FROM NASSAU. THIS HAS BEEN A DIRE SITUATION FOR THE PEOPLE

IN THE -- IN NASSAU COUNTY, ESPECIALLY IN THE 15TH ASSEMBLY DISTRICT

AND ADJOINING DISTRICTS. IT'S BEEN A FINANCIAL HARDSHIP ON MANY, MANY

PEOPLE, SO THIS BILL WILL GO A LONG WAY TO REMEDY THAT SITUATION. SO I'M

THANKFUL FOR THAT -- FOR THE SPEAKER FOR GETTING THIS FORWARD, FOR THE

SPONSOR FOR GETTING THIS THROUGH, AND I'M PROUD TO BE A COSPONSOR OF

THIS BILL. SO I'LL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. MONTESANO IN

THE AFFIRMATIVE.

MR. RA TO EXPLAIN HIS VOTE.

MR. RA: THANK YOU, MR. SPEAKER. I ALSO WANT TO

THANK THE SPONSOR, THANK MY COLLEAGUES BOTH HERE IN THE ASSEMBLY AND

SENATOR GAUGHRAN DOWN THE HALL FOR THEIR WORK ON THIS. THIS IS A LONG

TIME COMING TO FINALLY SET THESE RESIDENTS ON A PATH TO HAVING PUBLIC

NYS ASSEMBLY JUNE 8, 2021

WATER. THEY'VE BEEN UNDER THE THUMB OF NEW YORK AMERICAN WATER

FOR TOO LONG, THEY'VE PAID EXORBITANT RATES FOR WHAT IS AN ESSENTIAL

NATURAL RESOURCE, AND THIS IS GOING TO FINALLY PUT US ON THE RIGHT PATH,

BUT IT DEFINITELY TOOK A LOT OF WORK TO GET THERE, A LOT COMING TOGETHER

AND IRONING OUT DIFFERENCES. SO -- SO KUDOS TO -- TO THE SPONSOR. I AM

VERY PROUD AND HAPPY TO CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. RA IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07684, RULES REPORT

NO. 620, GUNTHER. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

PROVIDING LICENSED FACILITIES A SUMMARY OF FINAL SUBSTANTIATED REPORTS

OF CATEGORY 2 CONDUCT OF AN EMPLOYEE OR VOLUNTEER.

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 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7108. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

NYS ASSEMBLY JUNE 8, 2021

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07685, RULES REPORT

NO. 621, BARRETT, MCDONALD, JONES, BUTTENSCHON, GRIFFIN, SILLITTI,

FAHY, ABBATE, GOTTFRIED, LAVINE, STERN, DAVILA. AN ACT TO AMEND THE

EDUCATION LAW, IN RELATION TO MILITARY ENHANCED RECOGNITION, INCENTIVE

AND TRIBUTE ("MERIT") SCHOLARSHIPS.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 5543-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MRS. BARRETT TO EXPLAIN HER VOTE.

MRS. BARRETT: THANK YOU, MR. SPEAKER. I WOULD

LIKE TO EXPLAIN MY VOTE. I WOULD LIKE TO THANK THE SPEAKER AND THE

CHAIRS OF BOTH HIGHER ED AND WAYS AND MEANS FOR MOVING THIS

NYS ASSEMBLY JUNE 8, 2021

SIGNIFICANT LEGISLATION FORWARD. SINCE 2006, LEGISLATORS IN THIS HOUSE

HAVE BEEN TRYING TO PASS BILLS TO EXPAND ELIGIBILITY FOR THE DEPENDENTS

OF MORE DISABLED VETERANS, FOR GOLD STAR FAMILIES AND FOR THOSE

MISSING IN ACTION TO ALLOW THEM TO FOLLOW THEIR EDUCATIONAL DREAMS.

THIS BILL WILL MAKE A REAL DIFFERENCE FOR THOSE MILITARY FAMILIES IN MY

DISTRICT AND IN ALL OF YOURS WHO'VE ALREADY PAID A VERY STEEP PRICE.

I'M PROUD TO VOTE IN THE AFFIRMATIVE. MR. SPEAKER,

THANK YOU.

ACTING SPEAKER AUBRY: MRS. BARRETT IN THE

AFFIRMATIVE.

MR. HAWLEY TO EXPLAIN HIS VOTE.

MR. HAWLEY: WELL, THANK YOU, MR. SPEAKER. AND

THANK YOU, MRS. BARRETT, FOR REVIVING THE BILL THAT I'VE HAD FOR 11 YEARS.

OUR GOLD STAR FAMILIES CERTAINLY DESERVE TO BE TREATED AND RESPECTED

AND ADMIRED AND THANKED FOR THEIR LOVED ONES' SERVICE TO OUR COUNTRY,

THOSE THAT HAVE PAID THE ULTIMATE SACRIFICE OR THOSE THAT HAVE BEEN

PERMANENTLY AND SEVERELY DISABLED WHILE SERVING OUR GREAT COUNTRY.

I'M GLAD TO SEE THIS BILL BECOME A LAW, AS OPPOSED TO THE GOVERNOR JUST

MOVING MONEY FROM ONE PART OF THE BUDGET TO ANOTHER. I COMMEND

YOU FOR THAT AND THANK YOU AS WELL.

GOD BLESS OUR VETERANS AND GOD BLESS THIS COUNTRY.

THANK YOU.

ACTING SPEAKER AUBRY: MR. HAWLEY IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY JUNE 8, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07716, RULES REPORT

NO --

ACTING SPEAKER AUBRY: ONE MINUTE, PLEASE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE COULD SWITCH GEARS JUST A LITTLE BIT. I DO HEAR A LITTLE

THUNDER OUTSIDE. IT LOOKS A LITTLE DARK BUT IT'S LIGHT HERE, WE'RE STILL

WORKING. SO IF WE CAN TURN OUR ATTENTION TO OUR DEBATE LIST AND WE'RE

GOING TO START WITH RULES REPORT NO. 89. IT'S ASSEMBLY BILL 3807 AND

IT IS CARRIED BY MR. CYMBROWITZ. FOLLOWED BY RULES REPORT NO. 193,

ASSEMBLY NO. 5854 AND IT'S CARRIED BY MS. JOYNER. AND RULES REPORT

NO. 194, ASSEMBLY BILL 5915 AND IT IS CARRIED BY MS. ZINERMAN.

FOLLOWED BY RULES REPORT NO. 239, ASSEMBLY BILL 7386. THAT ONE IS

CARRIED BY MS. WILLIAMS. RULES REPORT NO. 250, ASSEMBLY BILL 7488

IS CARRIED BY MR. JONATHAN RIVERA. AND FINALLY ON THIS LIST, MR.

SPEAKER, IF WE COULD GO TO RULES REPORT NO. 281. THAT ONE IS

ASSEMBLY BILL 229-C, AND THAT ONE IS CARRIED BY MS. PAULIN. IF WE

COULD GO IN THAT ORDER, MR. SPEAKER, WE WILL ADD ADDITIONAL ONES UPON

COMPLETION.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

PAGE 5, RULES REPORT NO. 89, THE CLERK WILL READ.

NYS ASSEMBLY JUNE 8, 2021

THE CLERK: ASSEMBLY NO. A03807-A, RULES

REPORT NO. 89, CYMBROWITZ, OTIS, RODRIGUEZ, SIMON, HYNDMAN. AN

ACT TO AMEND THE PUBLIC HOUSING LAW, IN RELATION TO AN AFFORDABLE

HOUSING FIVE-YEAR CAPITAL PLAN.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

ONE MINUTE FIRST. FIRST, WE ARE ON DEBATE. WE WOULD

APPRECIATE IF THERE WAS SOME QUIET. STAFF SHOULD NOT BE IN THE AISLES

WHILE WE ARE ON DEBATE. MEMBERS IN THEIR SEATS.

WE'RE NOT THERE YET, MR. GOODELL. WE'RE WORKING ON

IT. THANK YOU.

ONE MINUTE, MR. GOODELL. WE HAVE A SUB -- WE HAVE

A SUB FOR THIS.

ON A MOTION BY MR. CYMBROWITZ, THE SENATE BILL IS

BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS LEGISLATION REQUIRES THE

GOVERNOR TO SUBMIT TO THE LEGISLATURE ON A FIVE-YEAR PERIOD A

STATEWIDE CAPITAL PLAN TO SUPPORT THE DEVELOPMENT AND PRESERVATION OF

NYS ASSEMBLY JUNE 8, 2021

AFFORDABLE HOUSING. AND THE LEGISLATION GOES ON TO LIST A NUMBER OF

TOPICS THAT NEED TO BE INCLUDED IN THE PLAN, INCLUDING ASPECTS RELATING

TO SENIOR CITIZENS, THE PROMOTION OF HOMEOWNERSHIP, REPAIR OF

MANUFACTURED HOUSING AND OTHER ITEMS. AND IN GENERAL, I THINK THE

LEGISLATION IS A GREAT IDEA TO HAVE A FIVE-YEAR CAPITAL PLAN FOCUSING ON

AFFORDABLE HOUSING. BUT I WOULD POINT OUT TO MY COLLEAGUES THAT AT THE

BEGINNING OF THIS SESSION WE SWORE AN OATH TO UPHOLD THE NEW YORK

STATE CONSTITUTION, AND THE NEW YORK STATE CONSTITUTION GIVES THE

GOVERNOR EXCLUSIVE AUTHORITY IN SETTING UP THE EXECUTIVE BUDGET. AND

SO WHILE I THINK THIS IS A GREAT IDEA AND I WOULD CERTAINLY RECOMMEND

THIS LEGISLATION FOR THE GOVERNOR, IT IS UP TO THE GOVERNOR, NOT THE

LEGISLATURE, TO DECIDE WHAT'S IN THE EXECUTIVE PLAN UNDER THE STATE

CONSTITUTION AND TO FOLLOW THROUGH WITH IT.

I'D ALSO NOTE THAT UNDER OUR CONSTITUTIONAL FRAME OF

GOVERNMENT IT'S VERY CLEAR THAT ONE LEGISLATURE AND ONE GOVERNOR

CANNOT FIND FUTURE GOVERNORS OR FUTURE LEGISLATURES, WITH A FEW

EXCEPTIONS THAT DON'T APPLY IN THIS CASE. SO BECAUSE OF THE

CONSTITUTIONAL ISSUES I'M COMPELLED TO VOTE AGAINST IT, BUT I WOULD

CERTAINLY RECOMMEND THAT THE GOVERNOR CAREFULLY CONSIDER THE

RECOMMENDATIONS AS CONTAINED IN THIS LEGISLATION.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2193-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

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

DIPIETRO AS THE ONLY OTHER ASSEMBLYMAN CONCERNED ABOUT THE

CONSTITUTION AND VOTING NO. 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 7, RULES REPORT NO. 193, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05854-A, RULES

REPORT NO. 193, JOYNER, COOK, AUBRY, LAVINE, RODRIGUEZ, SIMON,

STECK, GALEF, GOTTFRIED, GRIFFIN. AN ACT TO AMEND THE INSURANCE LAW,

IN RELATION TO THE PURCHASE OF PRESCRIPTION DRUGS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

AND MS. JOYNER, AN EXPLANATION HAS BEEN REQUESTED.

MS. JOYNER: YES. THIS BILL WOULD CLARIFY AND

STRENGTHEN PROVISIONS IN THE CURRENT LAW TO ENSURE THAT CONSUMERS HAVE

NYS ASSEMBLY JUNE 8, 2021

THE OPTION TO ACCESS EVERY COVERED MEDICATION FROM A LOCAL NETWORK

PARTICIPATING PHARMACY AND NOT BE FORCED INTO MANDATORY MAIL ORDER.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD FOR QUESTIONS?

ACTING SPEAKER AUBRY: MS. JOYNER, WILL YOU

YIELD?

MS. JOYNER: YES.

ACTING SPEAKER AUBRY: MS. JOYNER YIELDS,

SIR.

MR. RA: THANK YOU VERY MUCH. SO AS -- AS MANY OF

US ARE AWARE - AND I RECALL THIS VERY WELL BECAUSE IT WAS MY FIRST YEAR

HERE IN THE LEGISLATURE - BACK IN 2011 THERE WAS A LOT OF PUSH FROM

MANY OF OUR LOCAL PHARMACIES TELLING US ABOUT THIS ISSUE, HOW THEY HAD

PATIENTS THAT WERE BEING, YOU KNOW, MANDATED TO GET DRUGS BY MAIL

ORDER AND THIS BILL WAS PASSED TO ALLOW LOCAL PHARMACIES TO FILL THAT AND

-- AND NOT -- NOT MAKE IT POSSIBLE FOR THE -- THOSE PATIENTS BE FORCED TO

GET THESE DRUGS THROUGH MAIL ORDER. AND AT THAT TIME, AFTER THAT BILL

WAS PASSED, THE GOVERNOR SIGNED THE BILL INTO LAW BUT REQUESTED, AS HE

OFTEN DOES, A CHAPTER AMENDMENT. AND AT -- AT THAT TIME WHAT HE ASKED

FOR AND WAS ULTIMATELY PASSED INTO LAW WAS LANGUAGE -- HE -- HE SAID

THAT A CHAPTER AMENDMENT REQUIRED THAT THE RETAIL PHARMACY MUST AGREE

IN ADVANCE TO ACCEPT THE SAME REIMBURSEMENT RATE AND APPLICABLE TERMS

AND CONDITIONS ESTABLISHED FOR MAIL ORDER PHARMACIES.

NOW, MS. JOYNER, AM I CORRECT, WHAT THIS BILL DOES IS

NYS ASSEMBLY JUNE 8, 2021

IT TAKES OUT SOME OF THAT LANGUAGE, CORRECT?

MS. JOYNER: YES.

MR. RA: OKAY. NOW SO IN DOING THAT, IS THERE A

CONCERN THAT THIS WILL NOW NO LONGER MEET, YOU KNOW, THE PURPOSES OR

-- OR THE DESIGN THAT THE GOVERNOR HAD IN ASKING FOR THAT AMENDMENT

THAT WAS PASSED BACK IN 2012?

MS. JOYNER: WELL, IN 2011 THERE WAS REQUESTED

LANGUAGE ABOUT ADDRESSING THE REIMBURSEMENT RATE.

(AUDIO CUTS OUT.)

ACTING SPEAKER AUBRY: HOLD ON ONE MINUTE,

MS. JOYNER. MS. JOYNER, CAN YOU HEAR US?

MR. RA, IF YOU COULD READ LIPS YOU'RE GOING TO GET YOUR

ANSWER.

MR. RA: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: SOMEBODY LET MS.

JOYNER KNOW THAT THE SOUND WAS KNOCKED OFF SO WE CAN GO BACK TO HER

AGAIN.

(PAUSE)

I THINK MS. JOYNER THINKS IT'S HER. TELL HER IT'S US.

MR. RA: IT'S -- IT'S -- IT'S US THAT HAS THE PROBLEM, MS.

JOYNER, IF YOU CAN HEAR ME.

(PAUSE)

ACTING SPEAKER AUBRY: WE ARE GOING TO

RECYCLE THE SOUND SYSTEM AND IT WILL TAKE A MOMENT, SO EVERYBODY JUST

RELAX. AS IF YOU'RE NOT.

NYS ASSEMBLY JUNE 8, 2021

(PAUSE)

LET'S TRY IT AGAIN, MR. RA. WHY DON'T YOU START FROM

THE BEGINNING. MS. JOYNER, YOU HAVE BEEN ASKED TO YIELD.

MS. JOYNER: OKAY, YES.

ACTING SPEAKER AUBRY: THERE YOU GO. LET'S

TRY IT AGAIN.

MR. RA: ALL RIGHT. THAT WAS -- THAT WAS INTERESTING.

I GUESS LIGHTENING STRUCK LITERALLY HERE.

SO, WHAT WE WERE TALKING ABOUT WAS THE -- THE CHAPTER

AMENDMENT THE GOVERNOR HAD ASKED FOR AND JUST WHETHER THIS CHANGE

IN LANGUAGE WILL ALLOW THIS SYSTEM TO CONTINUE TO FUNCTION AS DESIGNED.

AND YOU WERE GIVING WHAT I'M SURE WAS A GREAT EXPLANATION AND THE

SOUND CUT OUT AND WE COULDN'T HEAR IT. SO IF YOU WANT TO PICK UP THERE,

AND THEN I JUST HAVE ONE OTHER QUESTION FOR YOU.

MS. JOYNER: OKAY, SURE. SO, THIS BILL INCLUDES THE

CHAPTER AMENDMENT OF THE 2011 LANGUAGE WHICH IS ABOUT

REIMBURSEMENT RATES BEING THE SAME FOR LOCAL PHARMACIES AND MAIL

ORDERS, AND THEN THE 2012 LANGUAGE REGARDING TERMS AND CONDITIONS. IT

CREATED A LOOPHOLE THAT BASICALLY INTERRUPTED AND INTERFERED WITH PATIENT

CHOICE AND ALSO NEGATIVELY IMPACTED THE LOCAL PHARMACIES. SO THAT --

THAT LANGUAGE HAS BEEN ADDRESSED AND -- WITH THIS BILL, AND I BELIEVE AT

THIS POINT IT SHOULD BE READY TO BE SIGNED INTO LAW.

MR. RA: OKAY. THANK YOU. THE -- THE OTHER ISSUE

THAT SEEMS TO BE -- BE ADDED BY THIS, THERE IS SOME LANGUAGE, I GUESS,

REGARDING COLLECTIVE -- COLLECTIVE BARGAINING AND EXEMPTION. AM I

NYS ASSEMBLY JUNE 8, 2021

CORRECT THAT THAT IS DESIGNED TO DEAL WITH ANY PREEMPTION UNDER --

UNDER ERISA THAT WE WOULD HAVE UNDER THOSE TYPES OF PLANS?

MS. JOYNER: YES. AND WE DIDN'T WANT TO FORCE

ANY UNIONS TO UNILATERALLY CHANGE THEIR -- THEIR -- BASICALLY, THEIR

BENEFITS UNTIL THE EXPIRATION OF ANY CBA.

MR. RA: THANK YOU VERY MUCH, MS. JOYNER.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

LADIES AND GENTLEMEN, SHH.

MR. RA: I THANK MY COLLEAGUE. IT'S CERTAINLY BEEN AN

-- AN INTERESTING YEAR FOR ALL OF US. I THINK NOW THAT I -- I HAD ONE TIME

THIS YEAR THAT I HAD TO REPEAT A DEBATE BECAUSE THE STREAM WASN'T GOING

UP, AND THEN -- AND THEN THAT INCIDENT. SO, INTERESTING. BUT I JUST WANT

TO QUICKLY TALK A LITTLE BIT ABOUT SOME OF THE CONCERNS THAT HAVE BEEN

RAISED WITH THIS BILL. LIKE I SAID, WHEN THIS ISSUE FIRST CAME UP MY FIRST

YEAR I HAD AN OPPORTUNITY TO SPEAK TO MANY OF MY LOCAL PHARMACISTS,

AND WHAT THEY WERE LOOKING TO DO WAS ALLOW THEIR PATIENTS TO CHOOSE TO

GET THE DRUGS, THEIR PRESCRIPTION DRUGS AT THEIR LOCAL PHARMACY INSTEAD

OF IN -- IN MANY CASES BEING MANDATED TO GET THEM BY MAIL ORDER. BUT

OBVIOUSLY, WHEN THERE'S A CHANGE IN THE LAW LIKE THAT, AND -- AND I THINK

THAT WAS A VERY BROADLY-SUPPORTED BILL BY INDIVIDUALS, BUT WHEN THERE'S

A CHANGE WITH REGARD TO SOMETHING THAT IS DEALING WITH THE HEALTH PLAN,

OBVIOUSLY, THERE BECOMES A QUESTION OF -- OF COST. AND -- AND IS -- IF

YOU'RE FILLING SOMETHING WITH ONE ENTITY OR ANOTHER, DO THEY HAVE TO

TAKE THE SAME RATES AND ALL OF THAT, AND CERTAINLY THAT GETS INTO THINGS

NYS ASSEMBLY JUNE 8, 2021

LIKE HEALTHCARE NETWORKS AND -- AND DEALING WITH THE COST SIDE OF THINGS

BECAUSE OBVIOUSLY FOR MANY OF THE PLANS THEY FELT UTILIZING MAIL ORDER

WAS A COST SAVINGS. AND AS I SAID, THE GOVERNOR ASKED FOR SOME

LANGUAGE WHEN HE SIGNED THIS BILL AND A CHAPTER AMENDMENT THAT

REQUIRED THE SAME REIMBURSEMENT RATE TO BE ACCEPTED AS WELL AS

APPLICABLE TERMS AND CONDITIONS FOR MAIL ORDER PHARMACIES, AND THIS

DOES TAKE OUT SOME OF THAT LANGUAGE. NOW -- NOW IT WILL READ -- RATHER

THAN IN ADVANCE, IT WILL JUST SAY NON-MAIL ORDER RETAIL AGREES TO THE

SAME REIMBURSEMENT AMOUNT AND TAKES OUT THAT LANGUAGE ABOUT THE

TERMS AND CONDITIONS. SO THAT DOES RAISE SOME CONCERNS FROM THE

PROVIDER SIDE IN TERMS OF WHAT THE RATES ARE GOING TO BE AND -- AND NOT

HAVING THE CERTAINTY OF DEALING WITH -- WITH THE LOCAL PHARMACIES.

OVERALL, I AM GOING TO SUPPORT THE BILL. BUT LIKE I

SAID, IT DOES TAKE AWAY SOME OF THAT LANGUAGE THAT THE GOVERNOR

INSISTED UPON. I GUESS WE WILL SEE IF THIS IS PASSED IN BOTH HOUSES

WHETHER -- WHETHER THE GOVERNOR FEELS THAT THIS FRUSTRATES THE PURPOSE

-- OF THAT CHAPTER AMENDMENT. BUT -- BUT I THINK GOING FORWARD WE

NEED TO DO WHAT WE CAN BOTH WITH REGARD TO THIS BILL AND -- AND SO

MANY OTHER PIECES OF LEGISLATION PENDING BEFORE THIS HOUSE TO STRIKE

THAT BALANCE WITH PATIENT CHOICE, CONTROLLING COSTS. YOU KNOW, WE'VE

SAID IT MANY TIMES ON DIFFERENT BILLS THAT PRESCRIPTION DRUGS ARE ONE OF

THE BIG COST DRIVERS AND INDIVIDUALS ARE -- ARE REALLY CONCERNED ABOUT

BEING ABLE TO AFFORD THEIR PRESCRIPTION DRUGS, BUT ALSO MAKE SURE THAT

THEY HAVE THE RIGHT CONSUMER EXPERIENCE.

ONE OF THE OTHER CONCERNS THAT HAS BEEN RAISED IS

NYS ASSEMBLY JUNE 8, 2021

WHETHER THE LOCAL PHARMACY, BECAUSE IT DOESN'T TALK ABOUT TERMS AND

CONDITIONS AND -- AND THAT PIECE OF IT, WHETHER THEY WILL HAVE TO ABIDE

BY THE SAME TYPES OF THINGS AS, YOU KNOW, MAIL ORDER PHARMACIES IN

TERMS OF HAVING ACCESS FOR THE PATIENT TO, YOU KNOW, CALL A 24/7 HOTLINE

AND GET A CONSULTATION AND ALL OF THAT. SO LIKE I SAID, I'M GOING TO BE

CASTING MY VOTE IN THE AFFIRMATIVE, BUT -- BUT I DO HAVE SOME CONCERNS

THAT WE MAKE SURE THAT WE PROTECT PATIENT CHOICE AS WELL AS KEEP THESE

DRUGS AFFORDABLE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR. RA.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 3566. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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 7, RULES REPORT NO. 194, THE CLERK WILL READ.

THE CLERK: SENATE NO. S01566-A, RULES REPORT

NO. 194, SENATOR SANDERS (A05915-A, ZINERMAN, PICHARDO, ABINANTI,

LAVINE, DURSO, SILLITTI, TAYLOR, NOLAN, DICKENS, JACKSON, GOTTFRIED,

NYS ASSEMBLY JUNE 8, 2021

GALEF, FERNANDEZ). AN ACT TO AMEND THE BANKING LAW, IN RELATION TO

REQUIRING BANKS TO PROVIDE WRITTEN NOTIFICATION THAT ACCEPTING AN

ALTERNATIVE LOAN PAYMENT SCHEDULE MAY HAVE A NEGATIVE IMPACT ON

CREDIT SCORES.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO, THIS BILL WOULD REQUIRE THAT BANKS

-- STATE-CHARTERED BANKS AND TRUST COMPANIES PROVIDE WRITTEN

DISCLOSURE TO ANY CUSTOMER THAT'S OFFERED AN ALTERNATIVE PAYMENT

SCHEDULE, LETTING THEM KNOW IN WRITING THAT ACCEPTANCE OF THIS

ALTERNATIVE PAYMENT SCHEDULE COULD NEGATIVELY IMPACT THE BORROWER'S

CREDIT SCORE. SO I WANTED TO JUST POINT OUT A COUPLE THINGS ABOUT THIS

BILL THAT I THINK YOU MIGHT WANT TO KNOW. THE FIRST IS THAT WHEN IT SAYS

"WRITTEN NOTIFICATION TO THE CONSUMER," YOU SHOULD KNOW THAT THIS IS

THREE SEPARATE WRITTEN NOTIFICATIONS THAT THE CONSUMER GETS THAT THE --

THAT THE STATE-CHARTED BANK OR TRUST COMPANY MUST PROVIDE. THE FIRST --

WHEN -- THE FIRST AT THE TIME THAT THE LOAN APPLICATION IS MADE. THE

SECOND AT THE TIME THAT THE LOAN IS GRANTED. AND THEN A THIRD TIME AT THE

TIME THAT THE CUSTOMER REQUESTS AN ALTERNATIVE PAYMENT SCHEDULE. SO

THAT'S THREE DIFFERENT NOTICES THAT HAVE TO BE MADE. THIS IS IN ADDITION

TO ALL OF THE RULES AND REGULATIONS THAT ARE -- THAT THEY HAVE TO FOLLOW

THROUGH THE FEDERAL LOAN DISCLOSURE, WHICH IF ANY OF YOU HAVE BEEN

NYS ASSEMBLY JUNE 8, 2021

THROUGH, YOU KNOW, LOAN PAPERWORK YOU KNOW HOW EXTENSIVE THAT

DISCLOSURE CAN BE. YOU KNOW, THESE STATE-CHARTERED BANKS ARE SMALL.

THEY'RE SMALL IN NUMBER AND THEY'RE SMALL IN SIZE. THERE ARE PROBABLY

JUST OVER 2,000 OF THEM SPREAD ACROSS OUR STATE. THEY TEND TO BE THE

SMALLER COMMUNITY BANKS. AND I JUST THINK THAT WHEN WE LOOK TO

IMPOSE ANOTHER RULE OR REGULATION ON A STATE-CHARTERED BANK, THINK

ABOUT IT. BECAUSE, YOU KNOW, IT'S ALMOST LIKE THE DEATH BY A THOUSAND

CUTS FOR SOME OF THESE. IT -- THEY'RE DWINDLING. THERE -- I THINK WITHIN

THE DATA I LOOKED AT SHOWED THAT THERE ARE A COUPLE HUNDRED LESS THAN

THERE WERE THE LAST TIME I LOOKED. SO WE HAVE TO BE CAREFUL. WE'RE

GOING TO DRIVE THESE PLACES, YOU KNOW, INTO JUST MORE AND MORE

ADMINISTRATIVE BURDEN. SO THAT -- THAT'S THE PRIMARY CONCERNS WITH THIS

PIECE OF LEGISLATION.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 90 DAYS.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1566-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

NYS ASSEMBLY JUNE 8, 2021

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO WANT

TO BE AN EXCEPTION TO THE CONFERENCE POSITION ARE ENCOURAGED TO CALL

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

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS

PIECE OF LEGISLATION. HOWEVER, SHOULD THERE BE COLLEAGUES THAT DESIRE

TO BE AN EXCEPTION THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY

LEADER'S OFFICE AND THEIR VOTE WILL BE PROPERLY RECORDED.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

MS. ZINERMAN TO EXPLAIN HER VOTE.

MS. ZINERMAN: THANK YOU, MR. SPEAKER. THIS IS

A SIMPLE, STRAIGHTFORWARD CONSUMER PROTECTION BILL. WE JUST WANT TO

MAKE SURE THAT PEOPLE ARE FULLY AWARE OF WHAT MIGHT IMPACT THEIR CREDIT

IF THEY ACCEPT AN ALTERNATIVE LOAN PAYMENT. SPECIFICALLY, WE WANT TO

MAKE SURE THAT PEOPLE ARE NOT IMPACTED, THEIR CREDIT ISN'T IMPACTED. WE

KNOW THAT PEOPLE END UP PAYING MORE FOR LOANS IN THE -- IN THE FUTURE IF

THEY HAVE A BAD -- BAD CREDIT SCORE. SOMETIMES THE INSURANCE

PREMIUMS WILL GO UP, AND THEY COULD ALSO IMPACT JUST ONE BUILDING

WITH REGARD TO THEIR PROPERTY OWNERSHIP AND HOMEOWNERSHIP. SO

NOTIFICATIONS OF SIMPLY SAYING THAT, YOUR CREDIT MIGHT BE IMPACTED -

NYS ASSEMBLY JUNE 8, 2021

AND WE COULD DO THAT THROUGH E-MAIL - IS NOT GOING TO BE OVERLY

BURDENSOME TO THESE FINANCIAL INSTITUTIONS WHEN COMMUNICATING WITH

OUR CONSUMERS IN NEW YORK STATE.

SO I VOTE IN THE AFFIRMATIVE ON THIS BILL AND ENCOURAGE

MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MS. ZINERMAN IN THE

AFFIRMATIVE.

ACTING SPEAKER KELLES: MR. GOODELL.

MR. GOODELL: WE HAVE NO EXCEPTIONS TO REPORT.

THANK YOU, MADAM SPEAKER.

ACTING SPEAKER KELLES: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 9, RULES REPORT NO. 239, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07386, RULES REPORT

NO. 239, WILLIAMS, ZEBROWSKI. AN ACT TO AMEND THE EXECUTIVE LAW,

IN RELATION TO PROVIDING THAT THERE IS NO EXEMPTION FROM THE

REQUIREMENT OF NONDISCRIMINATION IN ADVERTISEMENTS AND INQUIRIES FOR

THE RENTAL OF AN APARTMENT IN AN OWNER-OCCUPIED TWO-UNIT DWELLING, OR

FOR THE RENTAL OF ROOMS IN AN OWNER-OCCUPIED DWELLING, AND THAT

ENGAGING IN DISCRIMINATORY ADVERTISING OR INQUIRIES WILL CAUSE THE

PROPERTY TO NO LONGER BE EXEMPT FROM FULL COVERAGE BY THE

NONDISCRIMINATION PROVISIONS OF THE HUMAN RIGHTS LAW.

ACTING SPEAKER KELLES: ON A MOTION BY MRS.

NYS ASSEMBLY JUNE 8, 2021

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

ADVANCED.

AN EXPLANATION HAS BEEN REQUESTED.

MRS. WILLIAMS: THANK YOU, MR. [SIC] SPEAKER.

THE PURPOSE OF THIS BILL IS TO CLARIFY THAT THE LAW NO LONGER EXEMPTS

RENTAL PROPERTIES FROM THE REQUIREMENT OF NONDISCRIMINATION IN

ADVERTISEMENTS AND INQUIRIES IN AN OWNER-OCCUPIED TWO-UNIT DWELLING.

ACTING SPEAKER KELLES: MR. MORINELLO.

MR. MORINELLO: WILL THE SPONSOR YIELD FOR A

COUPLE OF QUESTIONS?

ACTING SPEAKER KELLES: WILL THE SPONSOR

YIELD?

MRS. WILLIAMS: YES.

MR. MORINELLO: THANK YOU. AS I READ THIS, IT

APPEARS THAT THERE ARE TWO CUT-OUTS; ONE BEING A PUBLICATION, THE

SUMMATION OF INFORMATION, ADVERTISING, CIRCULATES OR CAUSE TO BE

PRINTED. AM I CORRECT?

MRS. WILLIAMS: YES.

MR. MORINELLO: OKAY. AND THE HOPE -- THE

FUNCTION AND PURPOSE IS TO AVOID ANY DISCRIMINATION IN RENTALS. THAT'S

HOW I READ IT. AM I CORRECT?

MRS. WILLIAMS: YES.

MR. MORINELLO: BUT NOW THERE'S A SECOND --

THERE'S ONE WORD IN THERE THAT IS THE TROUBLING PART. IT HAS NOTHING TO DO

WITH TRYING TO AVOID DISCRIMINATION OR ELIMINATE DISCRIMINATION, BUT THE

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NYS ASSEMBLY JUNE 8, 2021

WORD IS "INQUIRY." NOW, AN INQUIRY IS A VERBAL COMMUNICATION.

WOULD I NOT BE CORRECT?

MRS. WILLIAMS: YES, THAT'S CORRECT.

MR. MORINELLO: OKAY. SO AM I TO UNDERSTAND

THAT WHAT THIS BILL DOES IS, IF THERE'S AN OWNER-OCCUPIED TWO-FAMILY

HOME AND THEY JUST PUT OUT A FOR RENT SIGN, IF SOMEONE COMES, THEY DO

NOT HAVE THE ABILITY TO INQUIRE WHETHER OR NOT THEY HAVE CHILDREN,

WHETHER OR NOT THEY HAVE FAMILIES OR WHO IS GOING TO BE RESIDING THERE?

AM I CORRECT?

MRS. WILLIAMS: (INAUDIBLE)

MR. MORINELLO: I'M SORRY, I COULDN'T HEAR YOUR

REPLY.

MRS. WILLIAMS: OH, I'M SORRY. I SAID IF IT'S AN

OWNER-OCCUPIED TWO-UNIT DWELLING, THEN THE ANSWER IS YES.

MR. MORINELLO: OKAY. SO, IF I HAVE AN ELDERLY

INDIVIDUAL THAT WANTS TO RENT EITHER ONE ROOM OR PART OF THE RESIDENCE,

THEY CANNOT INQUIRE IF THERE'S CHILDREN THERE. THAT WOULD BE A VIOLATION

UNDER THIS LAW, CORRECT?

MRS. WILLIAMS: ARE YOU SPEAKING ABOUT A

MULTI-UNIT DWELLING?

MR. MORINELLO: NO, I'M TALKING ABOUT A

TWO-FAMILY, OWNER-OCCUPIED. TWO UNITS. AND THAT'S WHAT THIS

ADDRESSES, IS A TWO-UNIT. I'M NOT TALKING ABOUT A MULTIPLE-UNIT

BUILDING, I'M NOT TALKING ABOUT A FOUR-PLEX. I'M TALKING ABOUT AN

OWNER-OCCUPIED TWO-UNIT RENTAL.

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NYS ASSEMBLY JUNE 8, 2021

MRS. WILLIAMS: YES. THE ANSWER IS YES.

MR. MORINELLO: ALL RIGHT. SO BASICALLY WHAT THIS

BILL DOES IS IT ELIMINATES ANY EXEMPTION FOR AN OWNER, IN THEIR OWN

HOME, IF THEY HAVE EVEN JUST ONE OTHER UNIT TO RENT, CORRECT?

MRS. WILLIAMS: I MEAN, BASICALLY, THE LAW -- YOU

KNOW, THE PROVISION IN THIS IS JUST FOR THE HUMAN RIGHTS LAW THAT'S

RELATED TO ADVERTISEMENT, THAT THE DISCRIMINATION WILL NOW APPLY TO

OWNER-OCCUPIED TWO-UNIT DWELLINGS. SO IT'S REALLY JUST BRINGING THE

LAW -- BRINGING IT UP TO SPEED WITH THE HUMAN RIGHTS LAW.

MR. MORINELLO: ALL RIGHT. SO WHAT YOU'VE DONE

IS YOU'VE TAKEN AWAY THE ABILITY FOR AN OWNER-OCCUPIED TWO-FAMILY TO

HAVE ANY ABILITY TO ENJOY THEIR PREMISES. RIGHT NOW THIS IS AN

EXEMPTION, AND THE QUESTION AND THE FOCUS HAS NOTHING TO DO WITH

ADVERTISING. IT HAS NOTHING TO DO WITH DISSEMINATING INFORMATION THAT

WOULD BE NEGATIVE THAT WOULD BE A VIOLATION. THIS IS -- THE ONLY AREA OF

CONCERN IS THE WORD "INQUIRY", WHICH IS NORMALLY CONSIDERED A

FACE-TO-FACE QUESTIONING.

ON THE BILL.

ACTING SPEAKER KELLES: ON THE BILL.

MR. MORINELLO: OWNER-OCCUPIED TWO-FAMILY

RESIDENCES HAVE FOREVER BEEN PROTECTED FROM THE FEDERAL AND STATE

REGULATIONS BECAUSE THEY HAVE CERTAIN RIGHTS TO ENJOY THEIR PREMISES.

NO ONE HAS A RIGHT TO DISCRIMINATE. NO ONE ARGUES THE FACT YOU CANNOT

PUT SOMETHING OUT IN AN ADVERTISEMENT. HOWEVER, TO TAKE AWAY THE

ABILITY FOR SOMEONE WHO IS RENTING A ROOM, FOR SOMEONE WHO HAS ONE

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NYS ASSEMBLY JUNE 8, 2021

SPOUSE OR PARTY THAT WORKS NIGHTS THAT WANTS PEACE AND QUIET DURING THE

DAY WHILE THEY SLEEP, THIS BILL TAKES THAT AWAY FROM THEM. THE WORD

"INQUIRY" IS THE TROUBLING WORD THAT I WOULD SUGGEST BE TAKEN OUT OF

THIS BILL. THIS -- MY -- MY CONCERNS ARE NOT TO TRY AND AVOID ANY

NONDISCRIMINATION, BUT JUST TO PROTECT A HOMEOWNER IN THEIR OWN HOME

WHO MAY HAVE A TWO-FAMILY UNIT THAT THEY NEED SOME RESTRICTIONS.

THANK YOU VERY MUCH.

ACTING SPEAKER KELLES: MS. GIGLIO.

MS. GIGLIO: THANK YOU, MADAM SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER KELLES: WILL THE SPONSOR

YIELD?

MRS. WILLIAMS: YES, I YIELD.

MS. GIGLIO: SO, IF SOMEONE COMES TO YOUR HOME

AND THEY WANT TO RENT A ROOM OR THEY WANT TO RENT A FLOOR, CAN YOU ASK

THEM HOW MANY PEOPLE WOULD BE OCCUPYING THAT SPACE?

MRS. WILLIAMS: YES, YOU CAN.

MS. GIGLIO: YOU CAN.

MRS. WILLIAMS: YES.

MS. GIGLIO: OKAY. THANK YOU.

ACTING SPEAKER KELLES: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER KELLES: THIS WILL BE A PARTY

VOTE. THE CLERK WILL RECORD THE VOTE ON SENATE PRINT 6886. ANY

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NYS ASSEMBLY JUNE 8, 2021

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER. THE

REPUBLICAN CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION.

THOSE WHO WISH TO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S

OFFICE.

THANK YOU, SIR -- THANK YOU, MADAM SPEAKER.

ACTING SPEAKER KELLES: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER?

ACTING SPEAKER KELLES: YES.

MRS. PEOPLES-STOKES: WE DON'T HAVE

EXCEPTIONS IF THAT'S WHAT YOU'RE ASKING FOR. YOU WANT OUR NEXT BILL,

OR...

ACTING SPEAKER KELLES: WHAT IS THE PARTY

POSITION?

MRS. PEOPLES-STOKES: COLLEAGUES, THIS IS A

PARTY VOTE. THE MAJORITY OF OUR CONFERENCE WILL BE VOTING IN FAVOR OF

THIS PIECE OF LEGISLATION AS WE HAVE DONE IN THE PAST. HOWEVER, SHOULD

COLLEAGUES DESIRE TO BE AN EXCEPTION THEY SHOULD FEEL FREE TO CONTACT

THE MAJORITY LEADER'S OFFICE AND WE WILL SO PROPERLY RECORD YOUR VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER KELLES: THANK YOU, MRS.

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NYS ASSEMBLY JUNE 8, 2021

PEOPLES-STOKES.

MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

PLEASE RECORD MY COLLEAGUES MS. MILLER AND MR. RA IN THE AFFIRMATIVE

ON THIS LEGISLATION.

THANK YOU, MADAM SPEAKER.

ACTING SPEAKER KELLES: SO NOTED, MR.

GOODELL.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

WE WILL NOW GO TO PAGE 5 [SIC], RULES REPORT NO.

250.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07488, RULES REPORT

NO. 250, J.D. RIVERA, DINOWITZ, HEVESI, RODRIGUEZ, MEEKS, MAMDANI,

SEAWRIGHT, JACKSON, GALEF, GOTTFRIED, FAHY, MCMAHON, CLARK, SALKA,

SIMON. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO PROHIBITING

THE EXCLUSION OF COVERAGE FOR LOSSES OR DAMAGES CAUSED BY EXPOSURE TO

LEAD-BASED PAINT.

ACTING SPEAKER KELLES: AN EXPLANATION HAS

BEEN REQUESTED, MR. RIVERA.

MR. J.D. RIVERA: THANK YOU. THIS BILL WOULD

PROHIBIT A LEAD POISONING EXCLUSION THAT'S CURRENTLY FOUND IN MOST

GENERAL LIABILITY INSURANCE POLICIES.

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NYS ASSEMBLY JUNE 8, 2021

ACTING SPEAKER KELLES: CAN YOU REPEAT THAT,

MR. RIVERA?

MR. J.D. RIVERA: SURE. THIS BILL WOULD PROHIBIT A

LEAD POISONING EXCLUSION THAT'S CURRENTLY FOUND IN MOST GENERAL

LIABILITY INSURANCE POLICIES.

ACTING SPEAKER KELLES: MR. HAWLEY.

MR. HAWLEY: THANK YOU, MADAM SPEAKER. AND

JUST TO REITERATE WHAT MR. RIVERA, THE SPONSOR, INDICATED, THIS BILL WOULD

PROHIBIT INSURANCE COMPANIES FROM EXCLUDING COVERAGE IN RENTAL

INSURANCE LIABILITY POLICIES FOR LOSSES CAUSED BY EXPOSURE TO LEAD-BASED

PAINT. THERE ARE OBVIOUSLY VERY SERIOUS CONCERNS WITH THIS LEGISLATION

FROM A VARIETY OF STANDPOINTS AND VIEWPOINTS. IT CAN CERTAINLY HAVE A --

A NEGATIVE EFFECT ON CONSUMERS AND CAN HAVE A CHILLING EFFECT ON THE

RENTAL INDUSTRY OVERALL IN OUR STATE OF NEW YORK. TO BE CLEAR, WHILE I

SHARE CONCERNS, AND WE ALL DO, ABOUT THE HEALTH IMPACTS ASSOCIATED WITH

EXPOSURE TO LEAD PAINT, I DO NOT BELIEVE THAT THIS LEGISLATURE OR THIS

LEGISLATION WOULD SOLVE THE PROBLEM AND, IN FACT, COULD LEAD TO

UNINTENDED CONSEQUENCES. REQUIRING INSURERS TO COVER ALL LOSSES

ASSOCIATED WITH EXPOSURE TO LEAD PAINT COULD HAVE A DRAMATIC IMPACT

ON THE AFFORDABILITY, AND JUST AS IMPORTANT, THE AVAILABILITY OF LIABILITY

POLICIES FOR RENTAL POLICIES FOR PROPERTY OWNERS. ULTIMATELY, THESE

POTENTIALLY ADVERSE CONSEQUENCES WOULD NOT ONLY IMPACT SAID PROPERTY

OWNERS, BUT ALSO FOR CONSUMERS WHO COULD SEE AN IMPACT ON THEIR

RENTAL COSTS AS A RESULT. THIS IS PARTICULARLY CONCERNING AS IT WOULD

DISPROPORTIONATELY AFFECT LOWER-INCOME INDIVIDUALS WHO ARE LEAST ABLE

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NYS ASSEMBLY JUNE 8, 2021

TO ABSORB THESE ADDITIONAL RENTAL COSTS. THIS BILL WILL SIGNIFICANTLY

INCREASE PREMIUMS, AS I SAID, AND IT WILL REDUCE AVAILABILITY OF

HABITATIONAL COVERAGE FOR ONE- TO FOUR-FAMILY RENTAL PROPERTIES. LEAD

EXPOSURE EXCLUSIONS ARE WIDELY USED BECAUSE THE HIGH EXPECTED LOSSES

ASSOCIATED WITH SUCH COVERAGE AND THE DIFFICULTY TO CONCLUSIVELY

IDENTIFY THE SOURCE OF EXPOSURE THAT WOULD NECESSITATE EVEN HIGHER

PREMIUMS. IF INSURERS ARE FORCED TO COVER LEAD EXPOSURE CLAIMS, MANY

CARRIERS ARE LIKELY TO CONCLUDE THAT THE RISKS ARE TOO GREAT AND WILL ELECT

NOT TO OFFER HABITATIONAL COVERAGE. ULTIMATELY, THE IMPACTS OF HIGHER

INSURANCE PREMIUMS AND LESS AVAILABILITY WILL BE PASSED DOWN TO

RENTERS WHO CAN LEAST AFFORD IT. ABATEMENT AND REMOVAL OF LEAD PAINT

MUST BE THE -- MUST BE A PRIORITY FOR ALL OF US, AND THE FEDERAL

ASSISTANCE MAY SOON BE FORTHCOMING. SENATOR KIRSTEN GILLIBRAND ON

MAY 5TH, JUST ONE MONTH AGO, INTRODUCED THE HOME LEAD SAFETY TAX

CREDIT ACT OF 2021. THIS WOULD CREATE FLEXIBLE TAX CREDITS WORTH UP TO

$4,000 TO COVER THE COST OF ABATING LEAD HAZARDS IN PAINT, PIPES OR SOIL.

FURTHERMORE, THE BIDEN ADMINISTRATION HAS PROPOSED THE COMPLETE

ELIMINATION OF LEAD WATER PIPES AND LEAD PAINT ABATEMENT PROGRAMS

MAY BE PART OF THE FORTHCOMING INFRASTRUCTURE PACKAGE. IN LIGHT OF THIS,

NEW YORK SHOULD ABSOLUTELY NOT RUSH TO ADOPT SUCH A SIGNIFICANT AND

DESTABILIZING CHANGE TO THE INSURANCE MARKETPLACE. JUST TO REITERATE,

REQUIRING INSURANCE CARRIERS TO PROVIDE COVERAGE FOR THESE POTENTIAL

DAMAGES WILL DO ABSOLUTELY NOTHING TO ADDRESS THE ONGOING ISSUES

RELATED TO LEAD-BASED PAINT WHILE CAUSING MASSIVE INSURANCE

MARKETPLACE DISRUPTION THAT WOULD DISPROPORTIONATELY HARM THE POOREST

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NYS ASSEMBLY JUNE 8, 2021

NEIGHBORHOODS IN NEW YORK. INSURANCE COMPANIES WOULD NOT NEED TO

PROVIDE COVERAGE FOR NEIGHBORHOODS WITH LEAD-BASED PAINT RISKS, AND

THEY WOULD ALMOST CERTAINLY WITHDRAW FROM THOSE AREAS IF THIS

LEGISLATION PASSES. THE POTENTIAL COST TO PROVIDING THESE COVERAGES

WOULD DRIVE UP PREMIUM COSTS, AS I REFERRED TO BEFORE, MAKING --

MAKING HOUSING MORE EXPENSIVE FOR PEOPLE LIVING WITH THESE RISKS.

INSURANCE COMPANIES BEING MANDATED TO COVER DAMAGES CAUSED BY

LEAD-BASED PAINT EXPOSURE WOULD SIMPLY DRIVE UP THE COSTS OF HOUSING

WITHOUT FIXING THE ISSUE OF LEAD-BASED PAINT IN THESE STRUCTURES.

ALTHOUGH LEAD-BASED PAINT CONTINUES TO POSE A RISK FOR MANY NEW

YORKERS, THIS LEGISLATION FAILS TO ADDRESS THE ISSUE AND WOULD GREATLY

HARM THOSE EXPOSED TO LEAD-BASED PAINT THROUGHOUT OUR STATE.

FOR THESE REASONS AND MANY OTHERS, I OPPOSE THIS

LEGISLATION AND I WOULD ENCOURAGE ALL OF MY COLLEAGUES TO OPPOSE IT AS

WELL. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER KELLES: ABSOLUTELY.

MR. BLANKENBUSH.

MR. BLANKENBUSH: THANK YOU, MADAM

SPEAKER. MY COLLEAGUE SORT OF COVERED THE WHOLE NEGATIVE PART -- PARTS

OF THIS BILL THAT I WAS GOING TO SPEAK ABOUT. THE ONE THING I KNOW IS

THAT MOST OF MY ADULT LIFE - I CAN'T EVEN TELL YOU THE YEAR THAT I WAS

LICENSED - I RAN AN INDEPENDENT INSURANCE COMPANY. AND IN THAT

COMPANY, IN MY COMPANY, I HAVE THE BIG -- SOME OF THE BIG BOYS IN THE

INSURANCE WORLD. BUT I ALSO HAVE SEVERAL CO-OP COMPANIES. CO-OP

COMPANIES ARE SMALLER. THEY DON'T HAVE THE ASSETS THAT THE BIG BOYS

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NYS ASSEMBLY JUNE 8, 2021

HAVE. BUT EACH OF THOSE CO-OP COMPANIES HAVE AN NICHED MARKET THAT

THEY'RE GOOD IN, AND ONE OF THEM IS RENTAL UNITS. THOSE CO-OPS ARE

GOING TO HAVE TO TAKE A REAL HARD LOOK AT WHETHER THEY WANT TO GET OUT

OF THE MARKET. MY OPINION IS AFTER WORKING WITH THEM ALL MY LIFE, ALL

MY ADULT LIFE, IS THEY'RE GOING TO TAKE A REAL CLOSE LOOK AT THE LOSS LEADER

AND MAKE -- MAKE A DECISION OF PULLING THOSE FROM THEIR PORTFOLIO,

ESPECIALLY ONE TO FOUR UNITS. IT'S -- IT'S SOMETHING THAT I COULD GUARANTEE

THIS BODY THAT'S GOING TO HAPPEN. DRASTIC INCREASE IN PREMIUMS, AS MY

-- AS MY FRIEND WHO IS ALSO IN THE INSURANCE BUSINESS JUST SPOKE ABOUT

-- I CALLED SEVERAL OF MY COMPANIES ASKING THEM, IS THIS GOING TO

INCREASE PREMIUMS $100? IS IT GOING TO INCREASE PREMIUMS $1,000?

WHAT -- WHAT ARE -- THE ONLY THING THEY COULD SAY -- AND EACH ONE OF

THEM TOLD ME THIS, THAT THIS IS GOING TO BE A DRASTIC CHANGE. IT'S GOING

TO BE A DRASTIC PREMIUM CHANGE, NOT A LITTLE. SO THE BIGGER COMPANIES

WHO ARE GOING TO PROBABLY STAY IN THE MARKET ARE GOING INCREASE THESE

PREMIUMS TO A POINT WHERE THE LANDLORDS ARE NOW GOING TO HAVE TO DO

WHAT? THEY'RE GOING TO HAVE TO PASS THAT PREMIUM INCREASE DOWN TO

THE RENTERS. AND IT'S GOING -- IT'S GOING TO HAVE AN EFFECT ALL ACROSS OUR

BIGGER CITIES AND OUR INNER CITIES WHERE THE OLDER HOMES THAT HAVE BEEN

TURNED OVER TO AS RENTAL UNITS. THE ONES THAT ARE IN THE INNER CITIES THAT

ARE THE OLDER ESTABLISHED HOMES WHERE THE LEAD -- LEAD PAINT IS COMMON

IN. THIS LEGISLATION ISN'T GOING TO HELP REMOVE LEAD PAINT. BUT WHAT IT

IS GOING TO DO AND THE CONSEQUENCES OF THIS IS GOING TO HURT EVERY ONE

OF YOUR -- YOUR PEOPLE THAT YOU REPRESENT IN THIS HOUSE. EVERYONE

ACROSS THE STATE OF NEW YORK. AND I -- I WOULD ASSUME EVEN -- MAYBE

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NYS ASSEMBLY JUNE 8, 2021

EVEN MORE IN NEW YORK CITY. SO BEFORE WE PASS THIS BILL, JUST REALIZE

WHAT YOU'RE GOING TO BE DOING TO YOUR PEOPLE IN YOUR DISTRICTS WHO ARE

RENTING HOMES, THAT MAY BE RENTING HOMES THAT ARE OLDER. THIS IS NOT

GOING TO BE GOOD, AND IT'S NOT GOING TO TAKE CARE OF THE LEAD PAINT

PROBLEM. BUT IT IS GOING TO INCREASE PREMIUMS, CHASE INSURANCE

COMPANIES OUT AND NOT EVEN ISSUE THEM. AND BY THE WAY, IF THE

COMPANIES PULL OUT OF THAT MARKET, I COULD EXPLAIN IT JUST -- IT'S GOING TO

GO TO A THIRD MARKET. NOW, THAT MARKET IS LIKE IF YOU UNDERSTAND

AUTOMOBILE INSURANCE AND THE ASSIGNED RISK POLICIES, THEY'RE GOING TO

GO TO A HOMEOWNERS INSURANCE COMPANY THAT'S AN ASSIGNED RISK

HOMEOWNERS. DRASTIC INCREASE IN PREMIUMS. PEOPLE ARE NOT GOING TO

BE ABLE TO AFFORD IT WITHOUT PASSING THOSE PREMIUMS DOWN TO THE

RENTERS.

SO I AM, AGAIN, TOTALLY AGAINST THIS BILL. I -- I HOPE

THAT WE DON'T PASS IT BECAUSE IN A FEW YEARS I'LL BE STANDING RIGHT HERE

TELLING EACH ONE OF YOU THAT YOU PUT IT TO YOUR PEOPLE, THE RENTERS IN

YOUR DISTRICT. YOU'RE THE ONES THAT DID IT. SO I'M -- I'M TOTALLY AGAINST

THIS AND I HOPE OUR PEOPLE REALLY THINK ABOUT WHAT THEY'RE DOING WITH

THIS BILL. THANK YOU.

ACTING SPEAKER KELLES: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER KELLES: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 7488. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

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NYS ASSEMBLY JUNE 8, 2021

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 LEGISLATION. THOSE

WHO SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE AND

WE WILL PROPERLY RECORD YOUR VOTE.

THANK YOU.

ACTING SPEAKER KELLES: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS

PIECE OF LEGISLATION. HOWEVER, SHOULD COLLEAGUES DESIRE TO BE AN

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

AND YOUR VOTE WILL BE PROPERLY RECORDED.

ACTING SPEAKER KELLES: THANK YOU.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, MADAM SPEAKER. AS

YOU KNOW, AND AS ALL OF US KNOW, LEAD PAINT HAS BEEN BANNED IN HOUSES

SINCE THE 1970'S. AND WITH VERY FEW EXCEPTIONS, ALL HOUSES THAT ARE

CURRENTLY ON THE MARKET HAVE BEEN REPAINTED SEVERAL TIMES, AND AS A

RESULT, WITH THE EXCEPTION OF THOSE HOUSES THAT ARE IN BAD CONDITION,

LEAD EXPOSURE HAS DROPPED DRAMATICALLY. AND IN FACT, FROM 1988 TO

2004 THERE WAS AN 84 PERCENT REDUCTION IN LEAD EXPOSURE BEING

MEASURED IN CHILDREN. SO IN SOME RESPECTS THIS IS LEGISLATION THAT'S

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LOOKING FOR A PROBLEM. BUT IT WOULD, AS MY COLLEAGUES WHO HAVE SPENT

THEIR ENTIRE LIVES IN THE INSURANCE INDUSTRY NOTED, CREATE LARGE PROBLEMS.

THE COUNCIL OF INSURANCE BROKERS, FOR EXAMPLE, IN NEW YORK STATE

SAID, WE EXPECT TO SEE A LARGE INCREASE IN NON-RENEWAL OF POLICIES FROM

(INAUDIBLE). AND OTHER INDUSTRY EXPERTS PREDICT A SUBSTANTIAL INCREASE

IN PREMIUMS RATES, WHICH OF COURSE WOULD BE PASSED ON TO THE RENTERS

OR WOULD RESULT IN LANDLORDS SIMPLY CANCELING THE POLICIES. AND

UNFORTUNATELY, FOR THOSE LANDLORDS THAT RENT LOW-INCOME HOUSES, THEY

OFTEN PUT THEM IN AN LLC, A SEPARATE CORPORATION, AND THIS IS ONE MORE

REASON WE'RE GOING TO SEE THESE HOUSES WITHOUT ADEQUATE INSURANCE

COVERAGE, CREATING OTHER PROBLEMS THROUGHOUT THE COMMUNITY.

SO FOR THOSE REASONS I'LL BE VOTING AGAINST IT AND

RECOMMEND THAT MY COLLEAGUES DO THE SAME. THANK YOU, MADAM

SPEAKER.

ACTING SPEAKER KELLES: MR. GOODELL IN THE

NEGATIVE.

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. LET ME FIRST START BY

COMMENDING MY COLLEAGUE FOR INTRODUCING THIS PIECE OF LEGISLATION,

AND REMINDING SOME OF MY OTHER COLLEAGUES THAT AT SOMEWHERE AROUND

1925 AND 1947 AMERICA COULD HAVE MADE A DECISION NOT TO ALLOW LEAD

PAINT TO BE -- LEAD TO BE USED IN PAINT. A LOT OF OTHER COUNTRIES DID,

INCLUDING CUBA. BUT FOR BUSINESS PURPOSES AND EXPEDIENCY, WE DID

ALLOW THAT. AND SINCE THEN IT HAS BEEN DISCOVERED - AND WE KNOW THIS

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FOR A FACT - THAT CHILDREN WHO ARE NEGATIVELY IMPACTED BY LEAD BETWEEN

THE AGES OF 1 OR ZERO AND 3 IMPACTS THEIR NEUROLOGICAL SYSTEM, THEREBY

IMPACTING THEIR ABILITY TO DO WELL IN SCHOOL, THEREBY IMPACTING OUR TAX

BASE TO PAY MORE FOR EDUCATION IN SCHOOL. AND SO NOBODY WANTS TO BE

RESPONSIBLE. NOBODY WANTS TO BE RESPONSIBLE. THE INSURANCE INDUSTRY,

NOT THE BUSINESS INDUSTRY, NOT THE LANDLORDS, NOT ANYONE. SOMEBODY

NEED TO BE RESPONSIBLE.

I THINK IT'S TIME AND I REALLY DO COMMEND MY

COLLEAGUE AND I'M LOOKING FORWARD TO VOTING YES ON THIS PIECE OF

LEGISLATION.

ACTING SPEAKER KELLES: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MR. JONATHAN RIVERA TO EXPLAIN HIS VOTE.

MR. J.D. RIVERA: THANK YOU. I WANT TO THANK ALL

MY COLLEAGUES THAT ARE SUPPORTIVE OF THIS -- OF THIS ITEM, AND JUST WANT

TO SAY A FEW POINTS ON IT. NUMBER ONE, THIS EXEMPTION YEARS AGO DIDN'T

EVEN EXIST. IN MY LIFETIME THIS EXEMPTION DIDN'T EXIST. SO THE IDEA THAT

INSURANCE POLICIES AND PREMIUMS ARE GOING TO SUDDENLY SKYROCKET IS

IRONIC CONSIDERING THAT WHEN WE TOOK AWAY THE ABILITY TO -- TO PURSUE

THIS, PREMIUMS DIDN'T SUDDENLY GO DOWN. SO THE IDEA THAT WE'RE

SUDDENLY GOING TO START PAYING SO MUCH MORE IS -- IS ODD WHEN YOU

THINK ABOUT, WELL, WE'RE ALREADY PAYING SO MUCH BECAUSE WE PAID FOR

THIS COVERAGE BEFORE IT WAS TAKEN AWAY. I ALSO KNOW THAT AT THE END OF

THE DAY THE COST OF LEAD POISONING IS NOT GOING TO BE REFLECTED IN

PREMIUMS AND OUR INSURANCE POLICIES, IT'S GOING TO BE REFLECTED IN HOW

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MUCH OUR SCHOOL SYSTEMS HAVE TO PREPARE PROGRAMS FOR CHILDREN THAT

ARE SUFFERING FROM LEAD POISONING. IT HAS TO DO WITH EVERY OTHER EFFORT

THAT WE HAVE TO PURSUE AS GOVERNMENT TO TAKE CARE OF THIS DILEMMA THAT

IS ABSOLUTELY AVOIDABLE AND CAN COME TO AN END IN OUR LIFETIME.

SO THANK YOU VERY MUCH AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER KELLES: MR. RIVERA IN THE

AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: NO, ACTUALLY, I'M NOT HERE TO EXPLAIN

MY VOTE, I'M HERE TO, MADAM SPEAKER, RECORD OUR COLLEAGUE MR.

SCHMITT IN THE AFFIRMATIVE ON THIS BILL. THANK YOU SO MUCH.

ACTING SPEAKER KELLES: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, IF YOU

WOULD RECORD OUR COLLEAGUE MR. CYMBROWITZ AS A NEGATIVE ON THIS ONE.

THANK YOU.

ACTING SPEAKER KELLES: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

WE WILL NOW MOVE TO PAGE 11, RULES REPORT NO. 281.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00229-C, RULES

REPORT NO. 281, PAULIN, HUNTER, JACOBSON. AN ACT TO AMEND THE

MUNICIPAL HOME RULE LAW, IN RELATION TO THE DIVISION OF A COUNTY INTO

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DISTRICTS FOR THE APPORTIONMENT OF MEMBERS OF ITS LOCAL LEGISLATIVE

BODY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. PAULIN.

MS. PAULIN: BE HAPPY TO. THIS BILL UPDATES THE

STANDARDS FOR REDISTRICTING FOUND IN MUNICIPAL HOME RULE LAW 10 --

SECTION 10 WHICH APPLIES TO NON-CHARTERED COUNTIES AND MUNICIPALITIES,

AND THEN ADDS THE IDENTICAL PROVISIONS TO SECTION 34 WHICH APPLIES TO

CHARTERED COUNTIES.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

MS. PAULIN: I WOULD BE VERY HAPPY TO.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MS. PAULIN. AND I

WOULD BE REMISS -- I WOULD BE REMISS IF I DIDN'T SAY THAT I, IN GENERAL,

SUPPORT THE GUIDELINES THAT YOU'VE RECOMMENDED IN TERMS OF BEING FAIR

AND EQUITABLE AND CONCISE BOUNDARIES AND NOT BENEFITTING ONE PARTY OR

THE OTHER OR HELPING OR HURTING ANY INCUMBENT. AND I CERTAINLY HOPE TO

THE EXTENT THAT YOU OR ANY OF US HAVE AN INFLUENCE ON THAT, THAT WE

RECOMMEND THAT THE INDEPENDENT REDISTRICTING COMMISSION THAT'S

LOOKING AT OUR DISTRICTS FOLLOW THESE SAME GUIDELINES. IS THAT YOUR

UNDERSTANDING THAT THEY SHOULD BE?

MS. PAULIN: MY UNDERSTANDING IS THAT FAIR

REDISTRICTING LEADS TO FAIR LINES WHICH IS FOR THE BENEFIT OF ALL PEOPLE.

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MR. GOODELL: THAT WOULD BE SWEET. IT WOULD BE

UNUSUAL, BUT IT WOULD BE GREAT. AREN'T THERE FEDERAL GUIDELINES THAT

APPLY NOT ONLY TO THE STATE GOVERNMENT BUT EVERY LOCAL GOVERNMENT IN

TERMS OF REDISTRICTING TO ENSURE ONE PERSON, ONE VOTE AND TO PREVENT

ANY RACIAL OR OTHER INAPPROPRIATE BIAS?

MS. PAULIN: I'M SORRY. I DIDN'T HEAR THE VERY FIRST

PART OF YOUR QUESTION. YOU SAID AREN'T THERE --

MR. GOODELL: FEDERAL --

MS. PAULIN: OH, FEDERAL.

MR. GOODELL: -- GUIDELINES THAT APPLY

IRRESPECTIVE OF WHETHER YOU'RE A LOCAL GOVERNMENT OR A CHARTER

GOVERNMENT OR EVEN THE STATE ITSELF, RIGHT?

MS. PAULIN: SO THERE WERE COURT CASES, YOU KNOW,

THAT HAD -- THAT REALLY DEFINED THAT. YOU KNOW, ONE PERSON, ONE VOTE

CLEARLY IS THE FIRST AND MOST IMPORTANT, WHICH IS WHAT WE ALSO IDENTIFY

HERE. AND THEN THE FEDERAL CASES HAVE ALSO INDICATED THAT RACIAL

DISPARITIES AND THAT THAT SHOULD BE TAKEN INTO CONSIDERATION ALMOST AS A

SECOND WHICH IS, AGAIN, WHAT WE HAVE IN THIS BILL. AND THEN IF YOU GO

THROUGH THE COURT CASES, YOU KNOW, COMMUNITIES OF INTEREST WHICH,

AGAIN, YOU KNOW, IS A LOWER PRIORITY BUT AN IMPORTANT ONE SO WE

IDENTIFY HERE. SO WE TRIED TO TAKE WHAT WE HAVE SEEN AS A COMBINATION

OF WHAT WE HAD IN THE LAW BEFORE, UPDATING THAT TO REFLECT FEDERAL COURT

CASES, AND TO LIST THAT IN THAT SAME ORDER SO THAT IT'S VERY CLEAR WHEN

COUNTIES DO THEIR REDISTRICTING THIS TIME.

MR. GOODELL: IS THERE ANYTHING IN THE LIST THAT'S

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CONTAINED IN THIS STATUTORY LANGUAGE THAT IS NOT COVERED BY EXISTING

FEDERAL REQUIREMENTS?

MS. PAULIN: I THINK THAT THERE'S NO SUCH THING AS

FEDERAL REQUIREMENTS. YOU KNOW, WE HAVE STATE REQUIREMENTS THAT

WE'VE HAD IN THE LAW FOR (INAUDIBLE). BUT THE -- THE FEDERAL STATUTE --

THERE'S NO FEDERAL STATUTE. THERE'S -- THERE'S CERTAINLY THE NEW YORK

STATE CONSTITUTION. THE ONLY GUIDANCE THAT COUNTIES WOULD HAVE ARE

COURT CASES WHICH, YOU KNOW, SOME OF THEM MIGHT NOT BE AS

SOPHISTICATED AS OTHERS IN INTERPRETING THOSE, SO I THINK THAT WHAT WE'VE

TRIED TO DO HERE IS TO LAY IT OUT VERY CONCRETELY SO THAT IT'S VERY CLEAR AND

CONSISTENT WITH THOSE FEDERAL CASES TO MAKE IT EASIER FOR COUNTIES.

AND, YOU KNOW, THE MUNICIPAL RULE LAW SECTION 10 ALREADY DOES THAT,

BUT IT DOES IT WITH -- FOR NON-CHARTERED COUNTIES. AND, YOU KNOW, WHAT

WE'VE SEEN IS WE HAVE COUNTIES IN THIS STATE THAT HAVE VIOLATED THE LAW

BECAUSE OF THE IMPRACTICALITY OF SOME OF THE STANDARDS THAT WE HAVE IN

THE CURRENT LAW. SO AT LEAST FOR THOSE NON-CHARTERED COUNTIES, WE HAVE

TO UPDATE OUR PROVISIONS SO THAT THEY'RE NOT OUT OF COMPLIANCE BECAUSE

THEY CAN'T PRACTICALLY BE IN COMPLIANCE. AND THAT'S THE ONE THAT HAS TO

DO WITH 110 PERCENT KEEPING MUNICIPAL LINES. AND I CAN IDENTIFY SOME

OF THE COUNTIES, PRIMARILY IN THE UPSTATE AREA THAT, YOU KNOW, HAVE

VIOLATED THE LAW BECAUSE IT'S NOT PRACTICAL. IN THE -- IN THE NEW BILL WE

ACTUALLY ADD THE WORDS -- WE MAKE THE STANDARD A LITTLE LESS SEVERE SO

WE CAN ABIDE BY THE ONE PERSON, ONE VOTE RULE A LITTLE MORE

SUBSTANTIALLY AND WE GIVE SOME FLEXIBILITY TO THOSE COUNTIES THAT HAVE

NONE OR HAD NONE IN THE -- IN THE CURRENT LAW.

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MR. GOODELL: YOU MENTIONED THAT YOU THOUGHT

THERE WERE SOME COUNTIES THAT VIOLATED THE LAW. I ASSUME THAT'S -- YOUR

OPINION IS BASED UPON COURT CASES THAT SO RULED?

MS. PAULIN: WHAT IT -- WHAT IT IS IT'S BASED ON IS

THAT THE LAW IS VERY CLEAR AND IT SAYS IT HAS TO BE 110 PERCENT AND THEN

THERE ARE COUNTIES THAT HAVE SPLIT MUNICIPALITIES. SO IT'S MY

INTERPRETATION BASED ON LOOKING AT, YOU KNOW, WHAT -- WHERE THEY'VE

SPLIT, KNOWING THEY'VE SPLIT THOSE MUNICIPALITIES -- OR TOWNS INTO -- INTO

SMALLER UNITS THAN ABIDING BY THAT 110 PERCENT. SO IT'S MY

INTERPRETATION. I DON'T THINK ANYONE'S CHALLENGED THEM THAT I KNOW OF.

MR. GOODELL: THANK YOU VERY MUCH, MS. PAULIN.

I APPRECIATE YOUR COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: SO, MAYBE I'M SHOWING MY AGE BUT

TEN YEARS AGO I WENT THROUGH A REAPPORTIONMENT PROCESS FOR THE STATE

LEGISLATURE, AND BACK THEN OUR GOVERNOR WAS TAKING THE HIGH ROAD AND

SAYING ALL THE THINGS THAT YOU HAD HOPED THAT A GOVERNOR WOULD SAY.

HE SAID, YOU KNOW, DURING THE REAPPORTIONMENT THERE OUGHT TO BE

COMPACT DISTRICTS. THEY OUGHT TO BE FAIR, THEY OUGHT TO BE EQUITABLE.

THEY OUGHT TO MAKE GEOGRAPHIC AND POLITICAL SENSE. AND HE WAS QUITE

ELOQUENT, TO BE HONEST. AND THEN WE CAME OUT WITH A PLAN THAT WE

ADOPTED, AND ONE OF MY COLLEAGUE'S DISTRICT IS ONE TOWN WIDE AND RUNS

FOR SEVEN COUNTIES. IT STARTS IN CENTRAL NEW YORK AND RUNS ALL THE WAY

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DOWN ALMOST TO NEW YORK CITY. YOU NEED A GYROCOPTER TO TRAVEL THAT

DISTRICT. AND I HAD AN INTERN, SO I GAVE HER A FUN LITTLE TASK. I SAID,

COME UP WITH PICTURES THAT ACCURATELY REFLECT THE REAPPORTIONMENT

PLAN THAT WE WERE ADOPTING. AND SO OVER BY SYRACUSE -- AND IT USED TO

BE SAM ROBERTS' DISTRICT -- IT WAS GREAT. IT LOOKS JUST LIKE A SCORPION.

YOU KNOW, YOU'VE GOT THIS BIG BLOCK AND THEN YOU'VE GOT THIS LITTLE LINE

THAT COMES UP AND AROUND AND PICKS UP SOME DOWNTOWN SYRACUSE TO

MAKE SURE IT'S A DEMOCRATIC DISTRICT. AND THEN WE HAD A DISTRICT OVER

IN BUFFALO, YOU KNOW, THAT WENT FOR ABOUT THREE MILES THROUGH AN

ABANDONED INDUSTRIAL AREA JUST TO PICK UP ANOTHER REPUBLICAN'S DISTRICT

AND TIE IT INTO DOWNTOWN BUFFALO. AND THE PICTURES THAT CAME OUT

WERE GREAT. WE HAD ONE LOOKED LIKE CATDOG. YOU KNOW, ANOTHER ONE

LOOKED LIKE A MUSKRAT. I MENTIONED THE SCORPION. AND SO I TOOK ALL

THESE PICTURES AND I WROTE A LETTER TO THE GOVERNOR AND I SAID,

GOVERNOR, YOU OBVIOUSLY DON'T KNOW HOW REDISTRICTING IS DONE. HERE

IS A REDISTRICTING GUIDE FOR THE ASSEMBLY. AND I HAD ALL OF THOSE

HILARIOUS CARTOONS AND MAPS AND I LAID IT OUT TO HIM. AND I DELIVERED IT

TO ONE OF THE GOVERNOR'S STAFF PERSONS SINCE SHE READ THE COVER LETTER

AND SHE THOUGHT I WAS SERIOUS AND SHE SAID, ARE YOU SURE YOU WANT TO

SEND THIS TO THE GOVERNOR?

SO I REALLY DO APPRECIATE ALL OF THESE GREAT LOFTY GOALS

THAT WE WANT TO IMPOSE ON OTHER GOVERNMENTS THAT ARE ALREADY IN THE

MIDDLE OF A REDISTRICTING PROCESS. BUT IRONICALLY, MOST OF THOSE

GOVERNMENTS DO A HECK OF A LOT BETTER JOB THAN WE DO IN COMING UP

WITH APPROPRIATE DISTRICTS. AND THAT'S WHY THERE WAS CONSIDERABLE

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OPPOSITION IN MY CONFERENCE. NOT BECAUSE WE DON'T LIKE THESE GOALS,

BUT BECAUSE WE THINK THE LOCAL GOVERNMENTS ARE ALREADY DOING THEM.

AND IT'S JUST A LITTLE HYPOCRITICAL FOR US, AS THE STATE LEGISLATURE, THAT

ROUTINELY IGNORES AND VIOLATES THESE STANDARDS, TO MANDATE HOW OTHER

GOVERNMENTS OUGHT TO OPERATE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT A.2289-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.)

MS. PAULIN TO EXPLAIN HER VOTE.

MS. PAULIN: THANK YOU, MR. SPEAKER. WHEN I

CAME TO THE LEGISLATURE (INAUDIBLE) A VERY LONG TIME AGO, THIS WAS THE

VERY, VERY FIRST BILL THAT I HAD THE IDEA OF. I WOULDN'T SAY I INTRODUCED IT

RIGHT AWAY BECAUSE IT WAS COMPLICATED TO FIGURE OUT, BUT IT WAS THE

VERY, VERY FIRST BILL IDEA THAT I HAD AND IT'S TAKEN ME 20 YEARS. IT CAME

OUT OF A LAWSUIT WHERE I WAS PRESIDENT OF THE LEAGUE OF WOMEN VOTERS

BACK IN '92 I BELIEVE, AND WE SUED BECAUSE THEY SPLIT MY TOWN OF

SCARSDALE INTO THREE PARTS WHEN THEY DID REDISTRICTING. AND SO WE WENT

TO COURT, WE LOST. IT WENT ALL THE WAY UP TO THE COURT OF APPEALS. AND

WHEN I CAME TO THE LEGISLATURE I SAID, I'M GOING TO FIX THAT.

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AND SO I AM VERY, VERY PROUD TODAY THAT THIS BILL IS

PASSING THIS HOUSE WHICH WILL MAKE FAIR REDISTRICTING THROUGHOUT THE

STATE FOR ALL -- ALL COUNTIES AND ALL OF THE PEOPLE. IT'S A GOOD

GOVERNMENT BILL AND I AM VERY PROUD TO FINALLY GET IT DONE. THANK YOU.

WITH THAT I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. PAULIN IN THE

AFFIRMATIVE.

MR. LAWLER TO EXPLAIN HIS VOTE.

MR. LAWLER: THANK YOU, MR. SPEAKER. AND I

THANK THE SPONSOR FOR THIS BILL. I DO THINK IT'S A GOOD GOVERNMENT BILL

AND I DO THINK THE INTENTION IS RIGHT. AS MY COLLEAGUE FROM WESTERN

NEW YORK POINTED OUT, THOUGH, IT'S ANOTHER ONE OF THESE BILLS WHERE WE

PASS AND WE MANDATE DOWN ONTO OTHERS WHAT THEY SHOULD BE DOING

WHILE WE OURSELVES NEVER DO THAT. AND I -- I CERTAINLY HOPE AS WE

MOVE FORWARD WITH REDISTRICTING -- AND ON GOVERNMENT OPERATIONS THIS

MORNING WE HAD A -- A BILL THAT WOULD BASICALLY GIVE THE LEGISLATURE

AUTHORITY TO -- TO DRAW THE LINES AGAIN IF THE INDEPENDENT REDISTRICTING

COMMISSION DOES NOT PRODUCE MAPS IN A VOTE WITHIN TEN DAYS. SO

OBVIOUSLY, THE INTENTION SEEMS TO BE FOR THE LEGISLATURE TO DRAW THE

MAPS ONCE AGAIN. BUT I CERTAINLY HOPE THAT THE LEGISLATURE USES THESE

STANDARDS OUTLINED BY THE SPONSOR IN DRAWING THE MAPS MOVING

FORWARD. AND -- BECAUSE WE KNOW THAT'S EXACTLY WHAT'S GOING TO

HAPPEN. SO IT WILL BE VERY INTERESTING TO SEE HOW THESE MAPS TURN OUT,

AND HOPEFULLY THIS BILL IS APPLIED TO US IN THE FUTURE.

THANK YOU.

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ACTING SPEAKER AUBRY: MR. ABINANTI TO

EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I'M VERY

PLEASED TO SUPPORT THIS LEGISLATION, ALTHOUGH IT'S COME ABOUT 30 YEARS

LATE. IT WAS MY ELECTION TO THE WESTCHESTER COUNTY BOARD OF

LEGISLATORS IN 1991 THAT CAUSED THIS LAWSUIT IN THE COURT OF APPEALS,

AND THEN IT CAUSED ASSEMBLYWOMAN PAULIN TO -- TO BRING THIS

LEGISLATION. BUT AS THEY SAY, BETTER LATE THAN NEVER.

SO I'M VERY PLEASED TO SUPPORT THIS LEGISLATION.

HOPEFULLY IT WILL BENEFIT OTHERS IN THE FUTURE AND MAKE THINGS FAIRER IN

THE LOCAL ELECTIONS.

ACTING SPEAKER AUBRY: MR. ABINANTI IN THE

AFFIRMATIVE.

MR. GOODELL.

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

COLLEAGUE MR. SCHMITT IN THE NEGATIVE.

ACTING SPEAKER AUBRY: SO NOTED, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU WOULD RECORD OUR COLLEAGUE MR. STECK IN THE NEGATIVE

ON THIS ONE.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

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PAGE -- MRS. PEOPLES-STOKES. EXCUSE ME.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. AND LET ME THANK OUR COLLEAGUES FOR THUS FAR ALL THE DUE

DILIGENCE WE'VE BEEN PUTTING IN TODAY ON THE FLOOR. THERE'S A LITTLE BIT

MORE TO GO. I'M GOING TO GIVE OFF A LIST OF THOSE, MR. SPEAKER. IF WE

CAN START WITH ASSEMBLY BILL 613 BY MS. ROSENTHAL. IT'S RULES REPORT

NO. 409. AND THEN WE'RE GOING TO GO TO ASSEMBLY BILL 2666 BY MR.

LAVINE. IT'S RULES REPORT NO. 423. FOLLOWED BY ASSEMBLY BILL 6522

BY MR. STERN. THAT ONE IS RULES REPORT NO. 454. FOLLOWED BY

ASSEMBLY BILL 6762 BY MS. FAHY. THAT ONE IS RULES REPORT NO. 591.

AND THEN WE'RE GOING TO GO TO ASSEMBLY BILL 6198 BY MS. PAULIN.

THAT ONE IS CALENDAR NO. 370. AND THEN BACKWARDS TO RULES REPORT

NO. 601. THAT'S ASSEMBLY BILL 7243 BY MS. RICHARDSON. FOLLOWED BY

ASSEMBLY BILL 7957 BY MS. RICHARDSON. THAT ONE IS RULES REPORT NO.

652. AND LASTLY, BUT CERTAINLY NOT LEAST, MR. SPEAKER, WE'RE GOING TO GO

TO RULES REPORT NO. 605. IT IS ASSEMBLY BILL 7302. THAT ONE IS BY

MS. SIMON. IN THAT ORDER, MR. SPEAKER, AND THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

ON THE MAIN CALENDAR, PAGE 16, RULES REPORT NO.

409, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00014-A, RULES REPORT

NO. 409, SENATOR HOYLMAN (A00613-A, L. ROSENTHAL, DINOWITZ, STERN,

SIMON, GRIFFIN, PAULIN, OTIS, JACOBSON, SEAWRIGHT, BURDICK, SILLITTI,

GALEF, ZEBROWSKI, JEAN-PIERRE, THIELE, CARROLL, PERRY, EPSTEIN,

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RICHARDSON, ZINERMAN). AN ACT TO AMEND THE PENAL LAW, IN RELATION TO

ENACTING THE JOSE WEBSTER UNTRACEABLE FIREARMS ACT.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: THIS BILL WOULD AMEND THE PENAL

LAW TO ENACT THE JOSE WEBSTER UNTRACEABLE FIREARMS ACT TO PROHIBIT

THE POSSESSION AND THE SALE OF GHOST GUNS IN NEW YORK STATE.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

MS. ROSENTHAL: YES.

ACTING SPEAKER AUBRY: MS. ROSENTHAL

YIELDS.

MR. GOODELL: THANK YOU, MS. ROSENTHAL. I JUST

WANTED TO WALK THROUGH A BILL A LITTLE BIT SO WE ALL UNDERSTAND WHAT THE

BILL DOES OR DOESN'T DO. AS I UNDERSTAND IT, IT REQUIRES THAT ALL GUNS

MANUFACTURED AFTER 1968 BE SERIALIZED; THAT IS TO HAVE A SERIAL NUMBER,

CORRECT?

MS. ROSENTHAL: EXCUSE ME. WAIT ONE SECOND.

YES.

MR. GOODELL: AND IN LOOKING AT THE ACTUAL

LANGUAGE OF THE BILL ON PAGE 1, IT DEFINES SERIALIZED AS BEING -- BEARING

A VISIBLE IDENTIFICATION NUMBER OR SYMBOL IN ACCORDANCE WITH THE

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REQUIREMENTS IMPOSE ON LICENSED IMPORTERS AND LICENSED MANUFACTURERS

UNDER TITLE 18 OF THE U.S. CODE, CORRECT?

MS. ROSENTHAL: CORRECT.

MR. GOODELL: SO, THIS LAW BY ITS VERY NATURE ONLY

APPLIES TO GUNS THAT HAVE TO BE SERIALIZED UNDER FEDERAL LAW, CORRECT?

MS. ROSENTHAL: SORRY, THIS WOULD APPLY TO

WHAT? SAY IT AGAIN.

MR. GOODELL: THIS BILL BY ITS VERY LANGUAGE ONLY

APPLIES TO GUNS THAT HAVE TO HAVE A SERIAL NUMBER UNDER FEDERAL LAW,

CORRECT?

MS. ROSENTHAL: WELL, WE ARE MAKING IT UNDER

STATE LAW.

MR. GOODELL: BUT IT -- IT ONLY APPLIES TO THOSE

GUNS THAT HAVE TO BE -- HAVE A SERIAL NUMBER UNDER FEDERAL LAW, RIGHT?

I MEAN, THAT'S THE OPENING STATEMENT AND THE DEFINITION OF SERIALIZED,

CORRECT?

MS. ROSENTHAL: THIS BILL WOULD REQUIRE ALL GHOST

GUNS IN NEW YORK STATE TO BE SERIALIZED.

MR. GOODELL: AND ARE THERE ANY GUNS IN NEW

YORK STATE WITHOUT A SERIAL NUMBER THAT WERE MANUFACTURED AFTER 1968

THAT AREN'T ALREADY REQUIRED TO HAVE A SERIAL NUMBER UNDER FEDERAL LAW?

MS. ROSENTHAL: THIS BILL IS REALLY ABOUT GHOST

GUNS, THE ONES THAT ARE UNSERIALIZED RIGHT NOW.

MR. GOODELL: RIGHT. AND MY QUESTION IS, ARE

THERE ANY GHOST GUNS IN NEW YORK STATE MANUFACTURED AFTER 1968 THAT

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AREN'T REQUIRED TO HAVE A SERIAL NUMBER UNDER FEDERAL LAW? I MEAN, CAN

YOU LEGALLY HAVE A GHOST GUN IN NEW YORK STATE UNDER CURRENT LAW?

MS. ROSENTHAL: NO. UNDER -- IN NEW YORK

STATE, YES YOU CAN.

MR. GOODELL: CONSISTENT WITH FEDERAL LAW?

MS. ROSENTHAL: FEDERAL LAW -- FEDERAL LAW IS

BEING CHANGED ABOUT THAT.

MR. GOODELL: OKAY. AND I SEE THAT ONE OF THE

REMEDIES IF YOU HAVE A GUN THAT IS NOT -- DOESN'T HAVE A SERIAL NUMBER IS

THAT YOU CAN TURN IT IN, RIGHT? TURN IT IN TO THE POLICE.

MS. ROSENTHAL: CORRECT.

MR. GOODELL: AND YOU HAVE A CERTAIN TIME FRAME,

SIX MONTHS, I THINK, TO DO SO?

MS. ROSENTHAL: YES.

MR. GOODELL: AND IF YOU TURN IT INTO THE POLICE,

ARE YOU COMPENSATED FOR THE FAIR MARKET VALUE OF THAT GUN?

MS. ROSENTHAL: I DON'T BELIEVE SO, NO.

MR. GOODELL: SO HOW IS THAT CONSISTENT WITH THE

DUE PROCESS CLAUSE OF THE CONSTITUTION THAT REQUIRES GOVERNMENT TO PAY

FAIR COMPENSATION IF THEY CONFISCATE PRIVATE PROPERTY?

MS. ROSENTHAL: IT IS ILLEGAL TO HAVE A GHOST GUN

IN THE FIRST PLACE, SO YOU'RE NOT GOING TO BE COMPENSATED FOR HAVING

SOMETHING THAT'S ILLEGAL.

MR. GOODELL: I SEE. I THOUGHT THAT WAS THE CASE.

I THOUGHT IT WAS ILLEGAL TO HAVE A GHOST GUN IN THE FIRST PLACE, AND THAT

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NYS ASSEMBLY JUNE 8, 2021

CERTAINLY WOULD ADDRESS THE CONSTITUTIONAL DUE PROCESS ISSUE. I NOTE

THAT THE NEW YORK STATE CONSTITUTION IN TALKING ABOUT OUR STATUTORY

AUTHORITY SPECIFICALLY PRECLUDES US FROM INCORPORATING OTHER LAWS BY

REFERENCE. AND I'M REFERRING TO ARTICLE III, SECTION 16 THAT SAYS NO ACT

SHALL BE PASSED WHICH SHALL PROVIDE THAT ANY EXISTING LAW SHALL BE

MADE OR DEEMED TO BE MADE PART OF SUCH ACT EXCEPT BY INSERTING IT.

BUT THIS BILL IS BASED ENTIRELY ON WHAT FEDERAL LAW SAYS, CORRECT?

MS. ROSENTHAL: NO, IT'S NOT.

MR. GOODELL: BUT UNDER THE DEFINITION OF

SERIALIZED IS AS DEFINED BY THE FEDERAL CODE.

MS. ROSENTHAL: YES.

MR. GOODELL: ISN'T THAT AN UNCONSTITUTIONAL

CROSS-REFERENCE OR AN INCORPORATION BY REFERENCE?

MS. ROSENTHAL: NO.

MR. GOODELL: AND WHY NOT?

MS. ROSENTHAL: BECAUSE WE -- WE IN THE STATE

ARE ALLOWED TO MAKE LAWS LIKE THIS.

MR. GOODELL: I -- I CERTAINLY AGREE WE'RE ALLOWED

TO MAKE LAWS, BUT WE HAVE TO DO IT IN ACCORDANCE WITH THE NEW YORK

STATE CONSTITUTION, WOULDN'T YOU AGREE?

MS. ROSENTHAL: THIS ONE DOES -- IS ACCORDING TO

THE NEW YORK STATE CONSTITUTION. IT IS ALLOWED.

MR. GOODELL: OKAY. I GUESS WE'LL JUST HAVE TO

AGREE TO DISAGREE.

AS YOU KNOW, THOSE THAT ARE ENGAGED IN THE SPORT OF

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COMPETITIVE SHOOTING OFTEN BUY PARTS THAT THEY THEN ASSEMBLE THEIR GUN

WITH. AND THEY TAKE GREAT CARE AND IT'S VERY, VERY HIGHLY TECHNICAL IN

PUTTING THOSE GUNS TOGETHER TO OBTAIN A GUN THAT'S NOT ONLY CUSTOM

MADE, BUT EXTRAORDINARILY ACCURATE. SOME OF THOSE CHANGES WOULD

REQUIRE GETTING AN UNFINISHED FRAME OR RECEIVER.

MS. ROSENTHAL: MM-HMM.

MR. GOODELL: IS THAT -- DOES THIS BILL THEN BAR ALL

OF THOSE COMPETITIVE SPORTS SHOOTERS FROM BEING ABLE TO GET AN

UNFINISHED FRAME OR RECEIVER -- OR UNFINISHED FRAME OR RECEIVER THAT

THEY MIGHT ACTUALLY HAVE TO DO MORE MILLING OR DRILLING OR -- OR SHAPING

IN ORDER TO GET IT INTO A FINAL PRODUCT?

MS. ROSENTHAL: WELL, THERE IS A COMPANION BILL

THAT WE WILL BE DISCUSSING LATER ON THE FLOOR. HOWEVER, IF SOMEBODY

PUTS TOGETHER A GUN WHERE THE RECEIVER IS UNSERIALIZED, THAT WILL BE

ILLEGAL AND THEY HAVE TO GET IT SERIALIZED BY A GUNSMITH.

MR. GOODELL: AND THIS BILL ITSELF, THOUGH, TALKS

ABOUT A FINISHED FRAME OR RECEIVER OR AN UNFINISHED FRAME OR RECEIVER.

I'M REFERRING TO PAGE 2, LINES 32 AND 33, CORRECT?

MS. ROSENTHAL: YES.

MR. GOODELL: AND SO WHAT IS THE PUBLIC POLICY

FOR PROHIBITING SPORTSMEN THAT ENGAGE IN COMPETITIVE SHOOTING FROM

BEING ABLE TO PURCHASE AND FINISH TO THEIR EXACTING STANDARDS AN

UNFINISHED FRAME OR RECEIVER? ESPECIALLY IF THE GUN THAT THEY START WITH

IS SERIALIZED. IS THERE ANY REASON WHY THEY SHOULDN'T BE ABLE TO DO THAT

IF THEIR GUN IS SERIALIZED?

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MS. ROSENTHAL: I MEAN, IF THEIR -- IF THEIR GUN IS

SERIALIZED AND -- AND IT IS REGISTERED, THEN THEY'RE ALLOWED TO HAVE IT AS

LONG AS THEY GO THROUGH A BACKGROUND CHECK AND -- AND GET A PERMIT.

MR. GOODELL: THANK YOU, MS. ROSENTHAL. I

APPRECIATE YOUR CLARIFICATION ON THIS BILL.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: AS -- AS IS CLEAR FROM THE LANGUAGE

OF THIS BILL, THIS BILL JUST PIGGYBACKS ON EXISTING FEDERAL LAW. SO

EXISTING FEDERAL LAW AS SET FORTH IN TITLE 18 OF THE U.S. CODE REQUIRES

ALL GUNS TO BE SERIALIZED IF THEY WERE MANUFACTURED AFTER 1968. AND OF

COURSE IT DOESN'T APPLY TO EARLIER GUNS OR ANTIQUE GUNS. AND SINCE WE

ALREADY HAVE IT ALREADY COVERED UNDER FEDERAL LAW, I REALLY SEE VERY

LITTLE REASON TO DUPLICATE FEDERAL LAW, ESPECIALLY BY REFERENCING FEDERAL

LAW BY INCORPORATION, WHICH IS AN UNCONSTITUTIONAL WAY UNDER OUR STATE

CONSTITUTION TO EVEN DRAFT LEGISLATION. AND THEN WE PUT ON THERE AN

OBLIGATION FOR PEOPLE TO TURN IN THEIR GUNS WITHOUT COMPENSATION. AND

CERTAINLY THE GOVERNMENT HAS THE POWER TO CONFISCATE PRIVATE PROPERTY,

BUT WHEN THEY DO SO THEY NEED TO PAY A FAIR MARKET VALUE. AND LAST,

THIS LEGISLATION, IN MY OPINION, FAILS TO REFLECT THE FACT THAT WE HAVE A

NUMBER OF VERY COMPETITIVE, HIGHLY-SKILLED SPORTSMEN THAT WORK WITH

UNFINISHED FRAMES AND UNFINISHED RECEIVERS AND THEY ACTUALLY MILL THEM

AND DRILL THEM AND SHAPE THEM TO BE AN EXTRAORDINARY CUSTOMIZED GUN

WHICH THEY USE IN COMPETITIVE TARGET SHOOTING. THAT'S NOT EXCLUDED

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UNDER THIS BILL AND IT CERTAINLY SHOULD.

AND FOR THOSE REASONS I WOULD RECOMMEND AGAINST

THIS LEGISLATION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL, THANK

YOU.

READ THE LAST SECTION.

ONE MORE MINUTE, I'M SORRY.

MR. SMULLEN.

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

WOULD THE SPONSOR FROM THE 67TH ASSEMBLY DISTRICT ALLOW ME TO ASK A

FEW QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: WILL YOU YIELD?

MS. ROSENTHAL: YES.

MR. SMULLEN: THANK YOU VERY MUCH. I THINK MY

-- MY COLLEAGUE HAS -- HAS COVERED A LOT OF THE QUESTIONS HERE, BUT I JUST

-- I HAVE A BIT OF A -- WANT TO MAKE SURE THAT I HEARD EVERYTHING

CORRECTLY. ARE HISTORICAL FIREARMS EXEMPTED FROM THE PROVISIONS OF THIS

LAW?

MS. ROSENTHAL: IF -- IF A PERSON IS UNAWARE THAT

THE -- THEY ARE -- HAVE A REQUIREMENT TO SERIALIZE THEM, THEN -- I THINK

ACTUALLY -- SAY IT AGAIN. THE HISTORICAL -- SAY IT AGAIN, I'M SORRY.

MR. SMULLEN: ARE HISTORICAL FIREARMS EXEMPTED

FROM THE PROVISIONS OF THIS LAW?

MS. ROSENTHAL: YES. YES, THEY ARE.

MR. SMULLEN: AND DOES THAT INCLUDE ALL THE

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ATTACHMENTS AND EVERYTHING THAT GOES ALONG WITH, LIKE, MILITARY HISTORY

COLLECTORS THAT I'M VERY FAMILIAR WITH.

MS. ROSENTHAL: YES.

MR. SMULLEN: OKAY. SO IF YOU HAD AN -- AN

ANTIQUE RIFLE, THE BAYONET WITH IT WOULD BE EXEMPTED FROM HAVING TO BE

SERIALIZED, THUS RUINING ITS, YOU KNOW, HISTORICAL VALUE TO -- TO

COLLECTION.

MS. ROSENTHAL: THIS BILL IS NOT ABOUT -- IS ABOUT

GUNS THAT ARE CURRENTLY USED, NOT ONES THAT ARE IN POSSESSION TO DISPLAY

FOR HISTORICAL PURPOSES.

MR. SMULLEN: AND -- AND YOU MENTIONED -- AND

THIS APPLIES TO ALL RIFLES, PISTOLS, SHOTGUNS, WHATEVER -- WHATEVER CLASS

OF FIREARMS THERE ARE. THERE'S NO OTHER EXCEPTIONS OTHER THAN HISTORICAL

FIREARMS.

MS. ROSENTHAL: CORRECT.

MR. SMULLEN: AND WHEN -- WHEN THAT HAPPENS, IF

THERE ARE DIFFERENT PIECES OR PARTS OR DIFFERENT COMPONENTS OF A FIREARM,

AN UPPER RECEIVER OR A LOWER RECEIVER, I THINK WE'RE GOING TO DISCUSS

THIS IN SUBSEQUENT LEGISLATION BUT I THINK IT'S IMPORTANT TO CLARIFY HERE.

SERIALIZATION BY A GUNSMITH WOULD THEN MAKE IT OKAY TO POSSESS THE

VARIOUS PARTS OF CURRENT FIREARMS THAT ARE LEGALLY POSSESSED BY CITIZENS?

MS. ROSENTHAL: WELL, THIS PERTAINS TO GUNS THAT

ARE ASSEMBLED BY THE OWNER AND ARE NOT SERIALIZED. THIS DOESN'T

PERTAIN -- THIS DOESN'T TOUCH ON ILLEGAL GUNS OR -- YEAH.

MR. SMULLEN: I THINK IT DOES. I THINK IT -- IT

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TOUCHES ON THE VARIOUS COMPONENTS OF FIREARMS. IF -- IF YOU LOOK AT THE

VARIOUS CLASSES OF RIFLES, PISTOLS AND SHOTGUNS, THEY'RE MADE OF VERY,

VERY DIFFERENT PIECES AND PARTS. AND IS YOUR INTENTION IS WHAT THIS BILL

IS SAYING IS THAT EVERY PIECE AND EVERY PART HAS TO HAVE A SERIAL NUMBER

IF IT'S SOLD SEPARATELY FROM A GUN MANUFACTURER?

MS. ROSENTHAL: NO, I'M SAYING THAT ONCE IT'S

ASSEMBLED IT HAS TO BE SERIALIZED.

MR. SMULLEN: ONE IT'S ASSEMBLED.

MS. ROSENTHAL: CORRECT.

MR. SMULLEN: AND DOES THAT INCLUDE JUST ONE

SERIAL NUMBER FOR THE ASSEMBLED FIREARM?

MS. ROSENTHAL: YES. I MEAN, WHATEVER --

WHATEVER IS ACCORDING TO LAW, YES.

MR. SMULLEN: ACCORDING TO CURRENT FEDERAL LAW.

IS THAT WHAT YOU'RE SAYING?

MS. ROSENTHAL: YES.

MR. SMULLEN: SO BUT AREN'T FIREARMS ALREADY

REQUIRED TO BE SERIALIZED UNDER FEDERAL LAW?

(PAUSE)

THE BILL MENTIONS FEDERAL LAW SEVERAL TIMES.

MS. ROSENTHAL: WE ARE NOT -- WE ARE NOT -- THE

FEDERAL LAW DOESN'T -- DOESN'T ADDRESS GHOST GUNS, WHICH IS WHY THERE'S

NOW A REGULATION THAT THE GOVERNMENT -- THE FEDERAL GOVERNMENT IS

PUTTING FORTH ABOUT GHOST GUN SERIALIZATION.

MR. SMULLEN: SO WHY DO YOU MENTION FEDERAL

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LAW IN YOUR SPONSOR'S MEMO THEN?

MS. ROSENTHAL: FEDERAL LAW, YES, REQUIRES THE

SERIALIZATION. SERIALIZATION -- WE'RE ADDRESSING GUNS THAT ARE ASSEMBLED

BY SOMEONE WHO PURCHASES A KIT. WE'RE NOT TALKING ABOUT GUNS THAT

YOU BUY FINISHED.

MR. SMULLEN: RIGHT. IN THAT CONTEXT, THEN, IT'S --

IT'S -- THAT'S ALREADY COVERED UNDER FEDERAL LAW WHERE IT REQUIRES THAT A

FIREARM HAS TO BE SERIALIZED UNDER FEDERAL LAW. SO I GUESS -- ISN'T IT

ALREADY REQUIRED?

MS. ROSENTHAL: THERE -- THERE -- ON ONE THAT'S

ALREADY ASSEMBLED. WE'RE TALKING ABOUT UNSERIALIZED PARTS THAT A

PERSON IS PUTTING TOGETHER.

MR. SMULLEN: AND DOES THIS LAW ADDRESS WHICH

PART NEEDS TO BE SERIALIZED TO MAKE IT A FIREARM?

MS. ROSENTHAL: YES, IT TALKS ABOUT EITHER THE

FRAME ON A HANDGUN OR A RECEIVER ON A LONG GUN.

MR. SMULLEN: SO ARE -- BUT ARE WE GOING TO TALK

IN MORE DETAIL ABOUT THAT IN THE NEXT BILL? IS THAT YOUR INTENTION, THAT

THESE TWO BILLS ARE --

MS. ROSENTHAL: YES, THE NEXT BILL DELVES INTO THE

FRAME OR RECEIVER PART OF THIS PACKAGE.

MR. SMULLEN: SO -- SO THESE TWO BILLS ARE ACTUALLY

LINKED BUT THEY'RE SEPARATE PIECES OF LEGISLATION.

MS. ROSENTHAL: YES, CORRECT.

MR. SMULLEN: OKAY. LAST QUESTION, WHAT DOES

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VOLUNTARILY SURRENDER MEAN TO A CITIZEN?

MS. ROSENTHAL: WELL, I THINK IT -- IT MEANS THE

SAME TO ANYBODY. YOU -- YOU HAVE SIX MONTHS IN WHICH TO RELINQUISH

YOUR ILLEGAL GUN, SELF-ASSEMBLED, UNSERIALIZED, UNREGISTERED GUN TO LAW

ENFORCEMENT.

MR. SMULLEN: OKAY. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SMULLEN: THIS IS A VERY CONFUSING LAW IN

MANY WAYS. I -- I UNDERSTAND THE INTENTION BEHIND IT, BUT IT'S IN

DIRECTION CONTRAVENTION TO MANY ASPECTS OF OUR EXISTING STATE LAWS AND

EXISTING FEDERAL LAWS WHICH ARE ALREADY VERY STRICT. NEW YORK ALREADY

HAS SOME OF THE TOUGHEST GUN CONTROL LAWS IN THE UNITED STATES, AND

THIS -- THIS LAW IN PARTICULAR IS DESIGNED TO CONFUSE AND TO MAKE AN

ALREADY CHAOTIC SITUATION FOR LAW-ABIDING CITIZENS EVEN MORE CHAOTIC.

I'LL TALK A LITTLE BIT MORE ON THE NEXT BILL THAT WE'RE TALKING ABOUT, BUT ALL

THESE BILLS ARE INDEED LINKED. SINCE THE SAFE ACT IN THE 2012-'13 ERA

MOVING FORWARD, ALL THESE BILLS ARE LINKED TOGETHER AND THE INTENTION IS

TO RESTRICT LAW-ABIDING CITIZENS' RIGHT TO KEEP AND BEAR ARMS AND I THINK

THAT'S SIMPLY WRONG.

I THINK THIS BILL IS UNNECESSARY AND I URGE ALL MY

COLLEAGUES, IN A BIPARTISAN MANNER, TO MAKE SURE THAT AS YOU VOTE AND

AS YOU THINK ABOUT THESE THINGS, WHAT DO YOUR CONSTITUENTS REALLY THINK

AND KNOW AND FEEL ABOUT THESE -- ABOUT THESE LAWS? BECAUSE WHEN YOU

PUT IT ALL TOGETHER IT'S -- IT'S A VIOLATION OF THE -- THE SECOND AMENDMENT

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RIGHTS OF OUR CITIZENS IN NEW YORK STATE. MR. SPEAKER, THANK YOU VERY

MUCH.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SALKA.

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

SPONSOR YIELD FOR A QUESTION OR TWO?

ACTING SPEAKER AUBRY: SPONSOR, WILL YOU

YIELD?

MS. ROSENTHAL: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. SALKA: THANK YOU, MR. SPEAKER. LET'S TALK A

LITTLE BIT ABOUT NUMBERS. DO -- AND ULTIMATELY WHAT THIS WHOLE PACKAGE

OF GUN CONTROL BILLS IS ABOUT IS TO DECREASE GUN VIOLENCE, WHICH EVERY

GUN OWNER, EVERY SELF-RESPECTING CITIZEN WANTS TO MAKE SURE THAT WE

MINIMIZE THE AMOUNT OF GUN VIOLENCE THAT PLAGUES OUR COMMUNITIES, IN

PARTICULAR OUR COMMUNITIES OF COLOR. AND OF COURSE THE ROOT OF THE

PROBLEM IS MUCH MORE COMPLICATED THAN JUST GUN CONTROL. BUT DO YOU

HAVE ANY IDEA -- AND WE KEEP VERY CLOSE RECORDS, FBI KEEPS CLOSE

RECORDS, JUSTICE KEEPS CLOSE RECORDS, DO YOU HAVE ANY IDEA HOW MANY

GUNS, GHOST GUNS WHICH WE'RE TALKING ABOUT, ARE ACTUALLY USED IN

CRIMES?

MS. ROSENTHAL: LET ME JUST GET THAT INFORMATION

FOR YOU.

(PAUSE)

IN APRIL 2020 THE ROCKEFELLER INSTITUTE OF

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GOVERNMENT REPORTED THAT NEW YORK STATE RECOVERED 220 GHOST GUNS.

IN 2019 THERE WERE 72. IN 2018 THERE WERE 38, WHICH SHOWS THAT WE'VE

SEEN A 479 PERCENT INCREASE IN THE PROLIFERATION OF GHOST GUNS. AND

THIS IS A TREND THAT IS ALSO BEING SEEN IN OTHER STATES BECAUSE THE PEOPLE

WHO SEND AWAY FOR KITS AND ASSEMBLE THEIR OWN GUNS ARE MAINLY

INDIVIDUALS WHO COULD NOT PASS A BACKGROUND CHECK TO LEGALLY OBTAIN A

GUN.

MR. SALKA: SO -- SO THOSE WERE THE NUMBER OF

GUNS THAT WERE RECOVERED, NOT NECESSARILY THE NUMBER OF GUNS THAT

WERE USED IN AN ACTUAL CRIME.

MS. ROSENTHAL: WELL, YES. AND THERE'S THAT'S --

THAT'S THE CRUX OF THE ISSUE, IS THAT GUNS THAT ARE NOT SERIALIZED ARE ALSO

UNTRACEABLE AND ARE ALSO -- YOU CAN'T -- YOU CAN'T SEE WHO THEY BELONG

TO. AND, YOU KNOW, IN FURTHER TO YOUR EARLIER QUESTION, IN 20 -- IN

MARCH, NEW YORK STATE POLICE ARRESTED AN ULSTER COUNTY MAN FOR

ROBBERY WITH A GHOST GUN. IN JUNE OF THIS MONTH, SCHENECTADY POLICE

FOUND A MAN IN POSSESSION OF A GHOST GUN AND A STOLEN GUN. SO THIS IS

AN ISSUE THAT IS RISING TO THE FORE, ESPECIALLY DURING THIS PAST YEAR OF

LOCKDOWN THE REQUESTS FOR GHOST GUN KITS HAVE BEEN OFF THE CHARTS.

MR. SALKA: OKAY. ALL RIGHT. THANK YOU FOR

ANSWERING THOSE QUESTIONS.

MS. ROSENTHAL: SURE.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD FOR JUST A COUPLE OF QUESTIONS?

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ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

MS. ROSENTHAL: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. MANKTELOW: THANK YOU, MADAM. JUST --

JUST A COUPLE OF QUICK QUESTIONS. YOU JUST STATED THAT THE REQUESTS FOR

GHOST GUN KITS OR -- OR GUN KITS HAVE GONE UP IN THE PAST YEAR OR SO

BECAUSE OF THE PANDEMIC, IS THAT CORRECT?

MS. ROSENTHAL: I SAID DURING THE PANDEMIC, I

DIDN'T SAY BECAUSE OF THE PANDEMIC.

MR. MANKTELOW: OKAY, I -- I APOLOGIZE. DURING

THE PANDEMIC. ISN'T THAT ABOUT THE SAME TIME WHEN BAIL REFORM CAME

INTO PLAY, DEFUNDING OUR POLICE OFFICERS? ISN'T THAT ALL ABOUT THE SAME

TIME?

MS. ROSENTHAL: SIR, YOU ARE CONFLATING TWO

SEPARATE ISSUES.

MR. MANKTELOW: PARDON ME?

MS. ROSENTHAL: YOU ARE CONFLATING TWO SEPARATE

ISSUES. AND PLEASE DO THAT ON SOMEONE ELSE'S BILL BECAUSE THAT HAS

NOTHING TO DO WITH THE EARLIER LAWS WE PASSED.

MR. MANKTELOW: WELL, WITH ALL DUE RESPECT,

MA'AM, THIS IS PART OF THIS BILL BECAUSE I AM A LAW-ABIDING CITIZEN AND I

HAVE THIS RIGHT TO PUT A GUN TOGETHER. WHAT IS YOUR ULTIMATE GOAL WITH

-- WITH YOUR BILL?

MS. ROSENTHAL: WELL, LAW ENFORCEMENT HAS

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CONVEYED THAT THEY NEED ALL GUNS TO BE TRACEABLE AND SERIALIZED. WHEN

PEOPLE BUILD GHOST GUNS FROM KITS AT HOME, THEY CREATE A FIREARM THAT

CANNOT BE TRACED IF THEY DO NOT BRING IT TO A GUNSMITH TO BE SERIALIZED.

SO THIS IS A TOOL THAT LAW ENFORCEMENT WANTS TO HELP IN THEIR

ENFORCEMENT.

MR. MANKTELOW: WHAT LAW ENFORCEMENT

AGENCIES REACHED OUT TO YOU TO TELL YOU THAT?

MS. ROSENTHAL: VARIOUS.

MR. MANKTELOW: CAN YOU JUST GIVE ME ONE?

MS. ROSENTHAL: NO.

MR. MANKTELOW: NO? OKAY, NO PROBLEM. SO I

-- I'M A LAW-ABIDING CITIZEN, AS I SAID --

MS. ROSENTHAL: LAW ENFORCEMENT ACROSS THE

STATE.

MR. MANKTELOW: EXCUSE ME?

MS. ROSENTHAL: LAW ENFORCEMENT ACROSS THE

STATE.

MR. MANKTELOW: OKAY. SO, I'M A -- I'M A

LAW-ABIDING CITIZEN. IF I PUT A GUN TOGETHER I WOULD ABSOLUTELY GO AND

HAVE IT SERIALIZED. WHAT WILL THIS BILL DO TO AN INDIVIDUAL WHO WOULD

NOT DO THAT?

MS. ROSENTHAL: IT DEPENDS. IF THAT PERSON

KNOWS OR SHOULD KNOW THAT THIS GUN NEEDS TO BE SERIALIZED, THEN THERE

ARE VARIOUS PENALTIES. IF, FOR EXAMPLE, YOU GO INTO YOUR ATTIC OR

BASEMENT AND YOU'RE NOT A LAWMAKER SO YOU DON'T KNOW OR YOU JUST

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DON'T KNOW ABOUT THIS LAW WHEN IT GETS SIGNED -- THIS BILL WHEN IT GETS

SIGNED INTO LAW THEN, YOU KNOW, YOU GET A PASS.

MR. MANKTELOW: SO DO YOU -- DO YOU BELIEVE

THAT SOMEBODY THAT WANTS TO COMMIT A CRIME AND CANNOT GET A -- A

FIREARM LEGALLY, DO YOU FEEL THIS BILL WILL HELP LOWER THOSE NUMBERS OF

GUN-RELATED ISSUES?

MS. ROSENTHAL: YEAH, ABSOLUTELY.

MR. MANKTELOW: HOW DO YOU -- HOW DO YOU

PLAN ON TELLING THE PERSON THAT'S GOING TO COMMIT THE CRIME WHO DOESN'T

FOLLOW THESE LAWS ANYWAY, HOW ARE YOU GOING TO GET THAT MESSAGE TO

THEM?

MS. ROSENTHAL: WELL, I MEAN, THEY'RE ALREADY

WOULD BE -- THERE -- THERE ARE MANY WAYS, AS YOU KNOW, OF INFORMING

THE PUBLIC ABOUT NEWLY-ENACTED LAWS. THERE ARE NEWSPAPER ARTICLES,

THERE'S A LOT OF SOCIAL MEDIA. THERE'S NEWSLETTERS. THERE ARE MANY

WAYS THAT WE ENSURE THAT THE PUBLIC IS AWARE OF BILLS THAT WE -- THAT WE

PASS INTO LAW.

MR. MANKTELOW: OKAY. AND I SAID -- AS I SAID

EARLIER, MADAM, THAT AS A LAW-ABIDING CITIZEN I WILL ABIDE BY THOSE

LAWS.

MS. ROSENTHAL: THAT'S GOOD.

MR. MANKTELOW: BUT AN INDIVIDUAL THAT DOESN'T

REALLY CARE WILL NOT DO ANYTHING. WE'LL CONTINUE TO MOVE IN THE

DIRECTION THEY WANT TO GO.

MS. ROSENTHAL: I SUPPOSE, THEN, THEY'LL HAVE

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ADDITIONAL PENALTIES TO CONTEND WITH.

MR. MANKTELOW: I'M SORRY, I COULDN'T HEAR YOU.

MS. ROSENTHAL: I SAID I IMAGINE THEY'LL HAVE

DIFFERENT PENALTIES TO CONTEND WITH, THEN. ADDITIONAL PENALTIES.

MR. MANKTELOW: BUT IF -- IF WE KNOW -- IF WE

DON'T KNOW THAT THEY HAVE THESE GUNS, HOW ARE WE GOING TO GO AFTER

THEM?

MS. ROSENTHAL: I SUGGEST YOU ASK LAW

ENFORCEMENT. THEY HAVE A VERY ROBUST SYSTEM OF GOING AFTER PEOPLE

WHO USE GUNS, PEOPLE WHO -- YES, WE DO HAVE A ROBUST SYSTEM. I'M

GOING TO TURN OFF MY VIDEO BECAUSE MY -- MY INTERNET IS -- MY VIDEO IS

-- IS LAGGING BEHIND MY VOICE. SO, YOU KNOW, LAW ENFORCEMENT'S JOB IS

TO FIND FIREARMS, WHETHER THEY'RE -- AND WHEN THEY'RE USED TO TRY TO

TRACE THEM BACK TO THE PERPETRATOR. AND SO LAW ENFORCEMENT WILL HAVE

TASKED TO THEM FINDING THESE GUNS.

MR. MANKTELOW: OKAY. ONE OF MY COLLEAGUES

JUST A WEEK OR SO AGO SPOKE ON -- HE WAS A FORMER POLICE OFFICER, AND

THE DEFUNDING OF THEIR DEPARTMENT DOES NOT ALLOW THEIR CRIME UNIT TO

GO OUT AND LOOK FOR THOSE GUNS NOW. AGAIN, WHAT WE'RE PUTTING A TASK

ON A POLICE OFFICER OR A POLICE DEPARTMENT OR THE STATE POLICE OR

WHOEVER WITHOUT ANY DIRECTION, AND WE'RE IN THE MINDSET OF -- OF THIS

COUNTRY AND THIS -- PARTIALLY IN THIS STATE OF DEFUNDING THESE POLICE

OFFICERS, AND I JUST DON'T SEE HOW THIS IS GOING TO MAKE A DIFFERENCE.

SO I THANK YOU FOR YOUR TIME. I -- I -- THANK YOU.

MS. ROSENTHAL: I'LL EXPLAIN IT TO YOU, BUT THIS HAS

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NOTHING TO DO WITH FUNDING OR DEFUNDING POLICE.

MR. MANKTELOW: BUT -- BUT MADAM --

ASSEMBLYMEMBER ROSENTHAL, YOU JUST SAID WE'RE GOING TO HAVE THE

POLICE OFFICERS GO OUT AND DO THIS JOB. HOW ARE THEY GOING TO DO THAT

WITHOUT FUNDING AND WITHOUT HAVING ENOUGH POLICE OFFICERS IN PLACE?

MS. ROSENTHAL: THAT'S ALREADY -- THAT'S ALREADY

THEIR JOB. IT'S ALREADY THEIR JOB.

MR. MANKTELOW: OKAY. I -- I THANK YOU FOR

YOUR TIME, MADAM.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: AS I STATED, MR. SPEAKER, THIS

BILL IS GREAT FOR LAW-ABIDING CITIZENS BECAUSE A LAW-ABIDING CITIZEN LIKE

MANY, MANY GUN OWNERS WILL ABSOLUTELY DO THE RIGHT THING. THIS BILL

DOES NOT ADDRESS ANYBODY THAT DOES THE WRONG THING. AND WE CAN SEE

THAT THROUGHOUT OUR COUNTRY. WE LOOK AT CHICAGO WHERE THERE ARE NO

GUNS ALLOWED IN CHICAGO, AND ABSOLUTELY ONE OF THE WORST MURDER RATES

IN OUR COUNTRY. WE'RE NOT ADDRESSING THE ISSUE. AGAIN, WE'RE BLAMING

THE GUN. IT'S NOT THE GUN, IT'S THE SOCIAL DISFUNCTION OVER PEOPLE THAT

WANT TO SHOOT PEOPLE. AND I'M SORRY, I CANNOT SUPPORT THIS BILL. IT'S

GOING TO TAKE AGAIN ANOTHER ONE OF MY SECOND AMENDMENT RIGHTS

AWAY FROM ME BECAUSE IT'S GOING TO BE SO DIFFICULT.

SO I WILL URGE MY COLLEAGUES ON THIS FLOOR TO REALLY

CONSIDER THIS. THIS IS ABOUT -- YOU KNOW, WE TALK ABOUT OUR SECOND

AMENDMENT RIGHTS HERE ON THIS FLOOR, AND LOTS OF TIMES WE GET LAUGHED

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AT, WE GET, YOU KNOW, PEOPLE SAY NOT SO NICE THINGS TO US. JUST THINK

ABOUT THIS. IF THIS COUNTRY DIDN'T HAVE GUNS WHEN WE BECAME A

COUNTRY, WE WOULD NOT BE A COUNTRY TODAY. REALLY THINK ABOUT THAT.

AND THIS MORNING ON THE NEWS 100,000 INDIVIDUALS CAME ACROSS THE

BORDER IN MEXICO. HOW MANY OF THOSE INDIVIDUALS ARE TERRORISTS?

HOW MANY OF THOSE INDIVIDUALS WANT TO HURT AMERICA? I HOPE NONE OF

THEM, BUT THE POSSIBILITY IS THERE. WE NEED TO BE ABLE TO DEFEND

OURSELVES. WE NEED -- WE NEED TO BE ABLE TO DEFEND THIS COUNTRY. SO

AGAIN, I JUST ASK, PLEASE CONSIDER THAT THIS DOESN'T FIX THE PROBLEM.

WE'RE JUST TRYING TO -- THIS WILL TAKE -- LEGAL GUN OWNERS, IT WILL TAKE

SOME OF THEIR GUNS AWAY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. DIPIETRO.

MR. DIPIETRO: OKAY. CAN YOU HEAR ME?

ACTING SPEAKER AUBRY: YES, WE CAN.

MR. DIPIETRO: OKAY, THANK YOU. WOULD THE

SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD? YOU NEED TO TURN UP YOUR SOUND OR SOMEBODY NEEDS TO

ACCELERATE YOUR SOUND, PLEASE.

MR. DIPIETRO: I AM ALL THE WAY UP.

ACTING SPEAKER AUBRY: OKAY. WE'LL SEE

WHAT WE CAN DO.

MR. DIPIETRO: YES. I AM ALL THE WAY UP. CAN YOU

HEAR ME?

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ACTING SPEAKER AUBRY: YES.

MS. ROSENTHAL, WILL YOU YIELD?

MS. ROSENTHAL: YES, I WILL.

ACTING SPEAKER AUBRY: MS. ROSENTHAL

YIELDS.

MR. DIPIETRO: THANK YOU, MRS. ROSENTHAL. I'M

HAPPY TO HEAR THAT --

MS. ROSENTHAL: MS. -- MS. ROSENTHAL.

MR. DIPIETRO: SORRY, MS. ROSENTHAL. I'M HAPPY TO

HEAR THAT HISTORICAL FIREARMS ARE EXEMPT IN THIS BILL. THAT WOULD CAUSE

A LOT OF PROBLEMS. A COUPLE THINGS THAT YOU MENTIONED. YOU

MENTIONED THAT MOST PEOPLE THAT GET THESE GUNS CAN'T PASS A NICS

CHECK. DO YOU HAVE ANY FACTS THAT CAN BACK UP THAT STATEMENT?

MS. ROSENTHAL: WHAT I SAID WAS A -- WAS A FACT.

THAT IS WHY THEY ARE NOT OBTAINING A GUN THROUGH NORMAL MEANS,

NORMAL LEGAL MEANS. THEY ARE CONSTRUCTING GUNS THAT CAN'T BE TRACED TO

THEM BECAUSE THEY COULD NOT PASS A BACKGROUND CHECK.

MR. DIPIETRO: BUT DO YOU HAVE FACTS THAT PEOPLE

THAT HAVE BEEN, SAY, ARRESTED WITH THOSE COULD NOT PASS A BACKGROUND

CHECK?

MS. ROSENTHAL: I CAN GET THAT FOR YOU.

MR. DIPIETRO: I WOULD LOVE IT. I WOULD LOVE IT.

BECAUSE I DID SOME RESEARCH MYSELF ON THAT.

ANOTHER QUESTION. WE ALWAYS TALK ABOUT ASSAULT

RIFLES, ARS. THE TERM AR, JUST OFF CHANCE, DO YOU KNOW WHAT AR

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STANDS FOR?

MS. ROSENTHAL: ASSAULT RIFLE.

MR. DIPIETRO: INCORRECT. BUT THAT'S OKAY.

NINETY-NINE PERCENT OF PEOPLE WHO HEAR THE TERM AR, THAT'S EXACTLY --

THEY SAY ASSAULT RIFLE OR AUTOMATIC RIFLE. THE FACT IS IT STANDS FOR

ARMALITE RIFLE, WHICH IS THE NAME OF THE COMPANY BACK IN THE '40S --

OR LATE '30S OR '40S THAT ACTUALLY PRODUCED THE RIFLE. SO IT'S -- IT'S

REPRESENTATIVE OF THE COMPANY ARMALITE THAT MAKES THE RIFLE. BUT

THAT'S 99 PERCENT OF THE PEOPLE THINK IT STANDS FOR ASSAULT RIFLE OR

AUTOMATIC RIFLE, SO... I APPRECIATE THAT.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

DIPIETRO.

MR. DIPIETRO: THIS IS JUST ANOTHER BLATANT ATTACK

ON OUR SECOND AMENDMENT RIGHTS, SIR. I FEEL THAT IT'S A DEATH OF A

THOUSAND CUTS AS WE KEEP GOING AFTER THE SECOND AMENDMENT. YET I

LOOK AT PLACES LIKE CHICAGO AND NEW YORK CITY WHERE WE'VE CUT AND

DEFUNDED POLICE, WE'VE TAKEN AWAY THE RIGHTS OF OUR OFFICERS, OF THOSE

WHO TRY TO PROTECT US, AND ESPECIALLY IN NEW YORK STATE WE ARE

CONTINUALLY GIVING THE RIGHTS BACK TO THE -- NOT THE VICTIMS, BUT TO THE

PEOPLE WHO WILL ASSAULT US AND CAUSE US HARM INSTEAD OF LOCKING THEM

UP, WHERE I FEEL THEY SHOULD BE. NEW YORK CITY HAS AN INCREDIBLE

AMOUNT OF -- OF VIOLENCE RIGHT NOW AND WE'RE NOT ATTACKING THE CAUSE.

BECAUSE YOU'RE NOT ALLOWED PISTOLS IN NEW YORK CITY, THESE WEAPONS

IN WESTERN NEW YORK. I CAN'T TELL YOU HOW MANY MURDERS ARE NOT DONE

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WITH LEGAL GUNS YET WE'RE TRYING TO TELL PEOPLE THAT IT'S THE LEGAL GUN

OWNER, AGAIN, WHO'S ALWAYS TO BLAME WHEN IT'S NOT. IT'S BAD PEOPLE DO

BAD THINGS.

ALSO, ON THIS BILL I TALKED TO A NUMBER OF GUN GROUPS

OVER THE LAST COUPLE OF MONTHS WITH THIS BILL. NO ONE'S BEEN CONTACTED.

THERE WAS NO GROUPS THAT WERE ABLE TO WEIGH IN ON THE PROCESS, ON THE

BILL ITSELF. EVEN THE SPONSOR HERSELF COULDN'T ANSWER SOME OF THE

QUESTIONS. AND I THINK IT'S NOT HER FAULT. I THINK THERE'S A BASIC

MISUNDERSTANDING BETWEEN PEOPLE WHO ARE LEGITIMATE GUN OWNERS LIKE

MYSELF AND PEOPLE WHO JUST BLAME THE GUN FOR EVERYTHING. UNTIL YOU

GET DOWN TO THE REAL MILLIONS AND MILLIONS AND MILLIONS OF GUN OWNERS

ARE TOTALLY LEGAL AND HAVE NEVER DONE A THING. BUT WHEN YOU GET TO BAD

PEOPLE, THAT'S WHERE WE SHOULD BE CONCENTRATING OUR EFFORTS AT. AND

AGAIN, AS I SAID, MOST PEOPLE, 99 PERCENT OF THE PEOPLE THINK AN AR

STANDS FOR AN AUTOMATIC RIFLE AND IT DOESN'T. IT'S ACTUALLY THE NAME OF

THE COMPANY THAT PRODUCED THE RIFLE AND DESIGNED IT. AND THAT'S -- I

THINK THAT GOES RIGHT BACK TO THE BASIC IGNORANCE OF FIREARMS. AND TRUST

ME, AS I GO AROUND THE STATE AND HAVE BEEN SINCE I WAS ELECTED AND

ACTUALLY BEFORE I WAS ELECTED AS AN ADVOCATE FOR THE SECOND

AMENDMENT, I HAVE DEBATED THOUSANDS OF PEOPLE ON THIS ISSUE AND ON

FIREARMS AND IT'S JUST -- IT'S SAD BECAUSE A LOT OF PEOPLE JUST DON'T

UNDERSTAND WHAT THE REAL ISSUE IS. WE HAVE -- MOST PEOPLE, I CAN TELL

YOU WHEN -- WHEN IT'S SAID THAT THESE PEOPLE CANNOT PASS NICS CHECKS

OR BACKGROUND CHECKS, THAT'S A BLATANT LIE BECAUSE I KNOW PEOPLE WHO

HAVE THESE. A, YOU'VE GOT A LOT OF SPORTSMEN WHO ARE VERY

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COMPETITIVE, WHO ACTUALLY WILL MANUFACTURE THEIR OWN PROCESSES TO

MAKE THEIR FIREARM A LITTLE BIT BETTER. AND YOU ALSO JUST HAVE THOSE WHO

ARE SO -- ESPECIALLY IN NEW YORK WHO ARE SO SICK AND TIRED OF THE

GOVERNMENT. THEY DON'T WANT TO BE TRACED ON ANYTHING. THEY CAN PASS

A NICS CHECK. THEY WOULD PREFER NOT TO DO SOMETHING THROUGH THE

GOVERNMENT BECAUSE ONCE THEY DO, THE GOVERNMENT HAS THE ABILITY TO

COME AND TRACK THEM. AND WE'VE SEEN THAT OVER AND OVER AND OVER

AGAIN. SO, VOLUNTARY SURRENDER, I JUST DON'T UNDERSTAND WHERE THAT EVEN

COMES -- COMES INTO PLAY ON THIS BECAUSE IF YOU CAN'T TRACE BACK THESE

PARTS TO THE DIFFERENT GUN OWNERS WHO -- WHO USE THEM, THAT'S

RIDICULOUS. THE -- WHAT ELSE DID WE HAVE HERE? WHEN WE LOOK AT THE

NUMBER OF MURDERS IN NEW YORK STATE, NEW YORK CITY ESPECIALLY, WE

HAVE FOUND OUT THAT GHOST GUNS ARE NOT THE PROBLEM. NAME ME HOW

MANY MURDERS WERE COMMITTED WITH GHOST GUNS BECAUSE I DON'T THINK

THERE'S HARDLY ANY. ILLEGAL GUNS, YES. AND THAT'S PROBABLY WHERE WE

NEED TO START, AND THAT'S GETTING ILLEGAL GUNS OUT OF THE HANDS OF PEOPLE

AND FINDING OUT HOW THEY'RE GETTING ILLEGAL GUNS. BUT NOT AT THE

EXPENSE OF THE LEGAL GUN OWNER. WE ALWAYS TALK ABOUT RIGHTS IN NEW

YORK STATE. BUT YET WHEN IT COMES TO THE SECOND AMENDMENT RIGHTS,

ALL OF A SUDDEN OUR COUNTERPARTS TURN A BLIND AND DEAF EYE -- A DEAF EAR

TO ANY OF OUR RIGHTS WHEN IT COMES TO THE SECOND AMENDMENT. AND

THAT'S VERY DISTURBING ALSO BECAUSE IT'S VERY HYPOCRITICAL.

WE'VE GOT -- I JUST WANT TO SAY THAT THIS IS A BAD BILL. I

DON'T THINK IT HOLDS ANY MERIT. IF YOU WANTED TO GET RID OF THESE TYPES

OF FIREARMS THERE ARE OTHER WAYS YOU COULD HAVE DONE IT. AND TO ME,

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NYS ASSEMBLY JUNE 8, 2021

THIS BILL IS JUST ANOTHER BLATANT ATTACK ON OUR SECOND AMENDMENT

RIGHTS. I WILL NOT BE SUPPORTING IT. THERE'S -- IT'S LIKE SWISS CHEESE. IT'S

FULL OF HOLES AND THERE'S NOTHING BEHIND IT. AND I WILL BE URGING ALL OF

MY COLLEAGUES ON BOTH SIDES OF THE AISLE TO RETHINK THE ENTIRE PROCESS

ABOUT LEGAL GUN OWNERS AND THE SECOND AMENDMENT AND WHAT IT

ACTUALLY STANDS FOR IN OUR COUNTRY. LIKE I SAID, THE NUMBER ONE

PROBLEM IS IGNORANCE, AND IT'S JUST -- PEOPLE ARE NOT EDUCATED ENOUGH TO

REALIZE THAT IT STARTS WITH -- WHEN I JUST ASKED PEOPLE WHAT DOES AR --

AN AR-15, WHAT DOES THAT STAND FOR. AND AGAIN, THAT'S A VERY BASIC

QUESTION BUT PEOPLE DON'T UNDERSTAND IT AND CAN'T ANSWER THAT QUESTION.

I'M GLAD TO AT LEAST BE ABLE TO TELL PEOPLE THAT WHEN THEY HEAR THE TERM

AR IT STANDS FOR ARMALITE. IT'S THE COMPANY, IT'S NOT AN ASSAULT RIFLE.

AND ALSO MOST EVERYTHING ON -- ON AN AR-15 THAT WE BUY HAS NOTHING

TO DO WITH ASSAULT RIFLES OR A LEGAL DEFINITION OF A MILITARY-GRADE STYLE

WEAPON.

SO I WISH -- I WISH MY COLLEAGUES WOULD VOTE THIS

DOWN AND PUT A MESSAGE AND GO BACK TO THE DRAWING BOARD. THANK

YOU, MR. SPEAKER.

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 SENATE 14-A. THIS IS A PARTY VOTE. ANY MEMBER

WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION

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NYS ASSEMBLY JUNE 8, 2021

IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO WOULD

LIKE TO VOTE IN FAVOR OF IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE

AND WE'LL MAKE SURE YOUR VOTE IS PROPERLY RECORDED. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. MAJORITY CONFERENCE WILL GENERALLY BE IN SUPPORT OF THIS

ITEM; HOWEVER, SHOULD COLLEAGUES DESIRE TO BE AN EXCEPTION THEY

SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL

PROPERLY RECORD YOUR VOTE.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

(THE CLERK RECORDED THE VOTE.)

MS. ROSENTHAL TO EXPLAIN HER VOTE.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER. I RISE

TO EXPLAIN MY VOTE. JOSE WEBSTER IS NOT HERE TO TELL YOU ABOUT THE

NIGHT HE WAS MURDERED, SO I WILL. JOSE WAS A 16-YEAR-OLD LIVING IN THE

BRONX WITH HIS MOTHER WHEN HE WAS SHOT 15 TIMES WHILE HE WALKED HIS

GIRLFRIEND HOME. IT DIDN'T MATTER THAT IT WASN'T EVEN 9:00 P.M. AND THAT

THE WALK WAS ONE HE HAD TAKEN SEVERAL TIMES BEFORE. HE WAS SHOT BY

TWO MEN WHO WERE EACH ARMED WITH A GUN. I WOULD LOVE TO SAY THAT

JOSE WAS AN ANOMALY, THAT CHILDREN ARE SAFE FROM GUN VIOLENCE, BUT WE

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KNOW THAT IS NOT TRUE. EVEN IN A GLOBAL PANDEMIC, THERE WERE 19,379

GUN VIOLENCE DEATHS IN THIS COUNTRY. THIS YEAR, NINE FRESHMEN AT

MARJORY STONEMAN DOUGLAS WHO WERE MURDERED IN SCHOOL WOULD HAVE

JOINED THEIR CLASSMATES TODAY TO GRADUATE FROM HIGH SCHOOL. INSTEAD,

THEIR -- THEIR FAMILIES ARE MOURNING THEIR DEATH ONCE AGAIN.

IN NEW YORK STATE, WE HAVE A DUTY AND A

RESPONSIBILITY TO ENSURE THAT ALL GUNS ARE SERIALIZED AND TRACEABLE, THAT

PEOPLE CANNOT HARBOR ASSEMBLED GUNS THAT THEY WILL USE TO COMMIT

CRIMES AND THAT LAW ENFORCEMENT CANNOT TRACE. THIS IS NOT ABOUT WHO'S

CROSSING THE BORDER AND THIS IS NOT ABOUT THE SECOND AMENDMENT. THIS

IS ABOUT KEEPING NEW YORKERS SAFE FROM GUN VIOLENCE. I HAVE

CONFERRED DEEPLY WITH A LOT OF GROUPS AND I WOULD LIKE TO THANK NEW

YORKERS AGAINST GUN VIOLENCE, EVERYTOWN FOR GUN SAFETY, BRADY

UNITED, GIFFORDS, AND MOMS DEMAND ACTION FOR GUN SENSE IN

AMERICA, AS WELL AS UNITED NEIGHBORHOOD HOUSES FOR INVESTING THEIR

TIME, ENERGY, AND INTELLECT IN TRYING TO RID US OF THE SCOURGE OF GUN

VIOLENCE. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE.

MR. DIPIETRO TO EXPLAIN HIS VOTE.

MR. DIPIETRO: THANK YOU, SIR. ON THE -- TO

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: YES, SIR.

MR. DIPIETRO: I WOULD JUST LIKE TO SAY THAT ALL THE

GROUPS THAT I HAVE SPOKEN WITH FROM THE NRA TO A NUMBER OF LOCAL

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GUN GROUPS, TO THE NEW GROUP IN ROCHESTER THAT'S COMING TO NEW YORK

STATE FROM AROUND THE COUNTRY THAT THEY ARE ALL OPPOSED TO THIS, AND I

WOULD JUST LIKE TO REFERENCE THAT THE -- THE GROUPS THAT WERE JUST

MENTIONED, EVERY SINGLE ONE OF THEM IS AN ANTI-GUN GROUP. NEW

YORKERS AGAINST GUN VIOLENCE IS AN EXTREMELY LEFTIST LIBERAL ANTI-GUN

GROUP. I'VE HAD THEM IN MY OFFICE, I'VE SPOKEN WITH THEM. THEY

WOULD NEVER -- THEY WOULD NEVER SUPPORT ANY PRO-GUN INITIATIVE.

SO I'D JUST LIKE TO SAY THAT AGAIN, WHEN THERE'S ONLY 30

TO 70 TO WHATEVER THERE WERE, GHOST GUNS IN NEW YORK STATE OR AROUND

THE COUNTRY, THOSE ARE NOT THE PROBLEM. THERE'S OTHER ISSUES, AND I

WOULD JUST LIKE OUR MEMBERS TO VOTE NO AGAINST THIS. AS I REITERATED

EARLIER, THIS IS A HORRIBLE BILL AND IT IS A DEFINITE, DEFINITE, DEFINITE ATTACK

ON OUR SECOND AMENDMENT RIGHTS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MS. WALSH TO EXPLAIN

HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. BY THE

DEFINITION PROVIDED IN THE BILL, A GHOST GUN IS IDENTIFIED AS AN

UNSERIALIZED FIREARM. IT IS ALREADY ILLEGAL TO POSSESS AN UNREGISTERED

FIREARM UNDER THE PENAL LAW AS A CLASS E FELONY. AS A GHOST GUN HAS

NO SERIAL NUMBER, IT WOULD NOT BE ABLE TO BE REGISTERED, THUS ANYONE IN

POSSESSION OF A GHOST GUN UNDER THIS BILL'S OWN DEFINITION WOULD

ALREADY BE IN VIOLATION OF A CLASS E FELONY OFFENSE. IT IS UNCLEAR WHAT

THIS BILL ACCOMPLISHES THAT THE CURRENT LAW DOES NOT. I'LL BE VOTING IN

THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

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NEGATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU WOULD PLEASE RECORD OUR COLLEAGUES MR. SANTABARBARA

AND MRS. BARRETT IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: CERTAINLY. THANK

YOU, MA'AM.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

AFFIRMATIVE VOTES ON THE FLOOR, PLEASE RECORD MR. RA AND MR. SMITH 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 17, RULES REPORT NO. 423, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00013-A, RULES REPORT

NO. 423, SENATOR KAPLAN (LAVINE, STERN, STECK, GRIFFIN, PAULIN, SIMON,

RAMOS, DINOWITZ, BENEDETTO, HEVESI, CYMBROWITZ, GALEF, NOLAN,

JACOBSON, SEAWRIGHT, BURDICK, THIELE, SILLITTI, GOTTFRIED, ENGLEBRIGHT,

ZEBROWSKI, L. ROSENTHAL, CARROLL, JEAN-PIERRE, OTIS, EPSTEIN, PERRY,

FAHY, ABINANTI, ZINERMAN, RICHARDSON--A02666A). AN ACT TO AMEND

THE PENAL LAW, IN RELATION TO ENACTING THE "SCOTT J. BEIGEL UNFINISHED

RECEIVER ACT" IN RELATION TO UNFINISHED FRAMES OR RECEIVERS.

ACTING SPEAKER AUBRY: MR. -- EXPLANATION IS

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REQUESTED, MR. LAVINE.

MR. LAVINE: CERTAINLY. THANK YOU. THANK YOU

VERY MUCH. SO TRADITIONAL FIREARMS ARE MADE BY LICENSED COMPANIES

AND THEY ARE THEN PURCHASED FROM LICENSED GUN DEALERS. ALL GUNS

MANUFACTURED IN THE UNITED STATES OF AMERICA AND EVERY FIREARM THAT'S

IMPORTED IS -- ARE LEGALLY REQUIRED, THEY ARE LEGALLY REQUIRED TO HAVE TO

SERIAL NUMBERS AFFIXED TO THEM. IN CONTRAST, A GHOST GUN IS

MANUFACTURED IN PARTS AND CAN BE ASSEMBLED AT THE HOME OF AN

UNLICENSED BUYER. THERE IS NO NEED TO PASS A BACKGROUND CHECK TO

OBTAIN THE COMPONENTS OF A GHOST GUN. THEY ARE SOLD ONLINE IN

DO-IT-YOURSELF KITS. THE KEY SELLING POINT FOR MANY PURCHASERS IS THAT

GHOST GUNS DON'T HAVE SERIAL NUMBERS, THE CRITICAL PIECE OF INFORMATION

THAT LAW ENFORCEMENT AGENCIES USE TO TRACE THE GUN FROM THE

MANUFACTURER TO THE DEALER TO THE ORIGINAL PURCHASERS. GHOST GUNS ARE

UNTRACEABLE AND BECAUSE OF HOW THEY ARE SOLD AS PARTS THAT NEED TO BE

ASSEMBLED, UNDER CURRENT RULES THE BUREAU OF ALCOHOL, TOBACCO,

FIREARMS AND EXPLOSIVES DOES NOT, I REPEAT, DOES NOT TREAT THEM AS IT

WOULD TRADITIONAL FIREARMS. THESE ARE EASY TO ASSEMBLE AND THEY ARE

CHEAP. AN AR-15 BUILD KIT CAN COST AS LITTLE AS $345. INTERESTINGLY

ENOUGH, THE TOP FIVE INSTRUCTIONAL VIDEOS ON YOUTUBE FOR BUILDING A

GHOST GUN HAVE DRAWN MORE FOR THREE MILLION VIEWERS.

MANY GHOST GUNS -- WELL, LET ME SAY THIS: BACK IN

FEBRUARY OF THIS YEAR WHEN WE HAD OUR BUDGET HEARING WITH THE STATE

SENATE, IT WAS ON FEBRUARY THE 10TH, THE DIRECTOR -- THE SUPERINTENDENT,

RATHER, OF THE NEW YORK STATE DIVISION OF POLICE, KEVIN BRUEN, SAID

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THAT IF THIS WAS YEARS AGO, HE WOULDN'T BE CONCERNED ABOUT GHOST GUNS.

BUT HE'S VERY CONCERNED TODAY ABOUT GHOST GUNS. AS OF YESTERDAY

AFTERNOON, 256 MASS SHOOTINGS HAD OCCURRED IN OUR COUNTRY THIS YEAR,

LEAVING 291 DEAD AND 1,055 WOUNDED, INCLUDING A TEN-YEAR-OLD ON A --

IN HIS HOME IN FAR ROCKAWAY IN QUEENS. WE CAN SEE THE WRITING ON

THE WALL. THE WRITING IS THERE, AND THE WRITING IS NOT PLEASANT. BUT THE

WRITING PRESENTS A CLEAR AND A PRESENT AND AN IMMINENT DANGER TO

EVERYONE IN OUR NATION, AND THAT'S WHY THIS BILL HAS BEEN INTRODUCED.

THE SPECIFICS OF THE BILL ARE THAT IT'S CALLED THE SCOTT J.

BEIGEL UNFINISHED RECEIVER ACT. IT ADDS A NEW SUBDIVISION TO THE

PENAL LAW DEFINING AN UNFINISHED FRAME OR RECEIVER. IT MAKES IT

ILLEGAL, IT MAKES IT A MISDEMEANOR TO HAVE ONE OF THESE THINGS UNLESS

SOMEONE'S A LICENSED GUNSMITH, AND IT ALSO MAKES IT ILLEGAL TO SELL

THEM. SO ANYONE WHO SELLS UP TO NINE OF THEM IS GOING TO BE CONVICTED

OF AN E FELONY, PUNISHABLE BY UP TO FOUR YEARS IN JAIL, AND ANYONE WHO

SELLS TEN OR MORE IS GOING TO BE CONVICTED OF A CLASS D FELONY,

PUNISHABLE BY UP TO SEVEN YEARS IN JAIL.

SO I THINK THAT, IN SUM AND SUBSTANCE, DESCRIBES OUR

PRESENT PLIGHT, AND IT IS A TRAGEDY THAT IS OCCURRING IN THE UNITED STATES

OF AMERICA, AND IT DESCRIBES THE PORTIONS AND SECTIONS OF THIS PARTICULAR

BILL. ANY QUESTIONS?

ACTING SPEAKER AUBRY: MR. GALLAHAN.

MR. GALLAHAN: THANK YOU, MR. SPEAKER. WILL

MR. LAVINE YIELD?

MR. LAVINE: OF COURSE.

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ACTING SPEAKER AUBRY: MR. LAVINE, WILL YOU

YIELD?

MR. LAVINE: OF COURSE.

MR. GALLAHAN: THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE YIELDS,

SIR.

MR. GALLAHAN: THANK YOU, SIR. READING THIS,

I'M CONFUSED.

MR. LAVINE: WELL, LET ME DO WHAT I CAN TO EASE

YOUR --

MR. GALLAHAN: IT'S ABOUT -- YEAH, IT'S ABOUT AS

CLEAR AS MUD. I HAVE SOME QUESTIONS THAT YOU CAN HOPEFULLY CLARIFY FOR

ME.

MR. LAVINE: I THINK SO.

MR. GALLAHAN: IF I WANT TO BUY CURRENTLY ON THE

BLACK MARKET OR WHEREVER, A GHOST RECEIVER, HOW DO I GO ABOUT DOING

THAT?

MR. LAVINE: YOU CAN DO IT ONLINE.

MR. GALLAHAN: SO I CAN HAVE A GHOST RECEIVER

MAILED TO ME ORDERING ONLINE?

MR. LAVINE: IT'S EASY TO ASSEMBLE. THEY COME IN

KITS, THEN SOMETIMES THEY COME WITH --

MR. GALLAHAN: I UNDERSTAND THAT, I UNDERSTAND

THAT. I JUST WANT TO KNOW --

MR. LAVINE: I'M SORRY, SIR. I'M SORRY. MAY I FINISH

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ANSWER THE QUESTION -- ANSWERING THE QUESTION?

THEY ARE CHEAP, THEY COME IN KITS, THEY COME WITH

JIGS THAT YOU CAN USE TO ASSIST YOU TO DRAW THE -- TO DRILL THE HOLES IN THE

RIGHT POSITIONS. IT'S VERY EASY --

MR. GALLAHAN: I UNDERSTAND ALL THAT.

MR. LAVINE: THE COMPANY --

MR. GALLAHAN: I UNDERSTAND ALL THAT.

MR. LAVINE: THE COMPANIES ADVERTISE -- THE

COMPANIES ADVERTISE ONLINE YOU CAN DO THIS IN 15 MINUTES --

MR. GALLAHAN: I UNDERSTAND ALL THAT --

MR. LAVINE: -- DO YOU THINK IT'S A GOOD IDEA?

MR. GALLAHAN: I UNDER -- I UNDERSTAND THAT

COMPLETELY. I DON'T KNOW, I PERSONALLY, BEING A LAW-ABIDING CITIZEN, I

DON'T KNOW WHERE TO GET A GHOST RECEIVER. BUT I DO KNOW WHERE I CAN

GET A RECEIVER, OBTAIN A RECEIVER, PUT A FIREARM TOGETHER MYSELF, A

RECEIVER THAT'S GOT A SERIAL NUMBER ON IT THROUGH AN FFL. DO YOU KNOW

WHAT FFL IS?

MR. LAVINE: I'M -- I'M SORRY. CAN YOU SPEAK UP?

YOU'RE TALKING ABOUT A FEDERAL FIREARMS LICENSE?

MR. GALLAHAN: YES, SIR. SO YOU CAN --

MR. LAVINE: YES, I AM.

MR. GALLAHAN: SO YOU CAN RECEIVE -- YOU BUY A

LOWER -- YOU BUY A LOWER FROM A FEDERAL FIREARMS DEALER. THE LOWER --

THE LOWER IS -- IS NOT FINISHED. THE REASON IT'S NOT FINISHED IS BECAUSE

THE -- THE SHOOTER, AND I'M GOING TO TALK ABOUT A SHOOTER THAT IS

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COMPETITION SHOOTING. HE'S GOT A 6.5 MILLIMETER CREEDMOOR AND HE'S

SHOOTING 1,000 YARDS IN A COMPETITION. HE NEEDS THAT GUN AS ACCURATE

AS HE CAN GET IT. SO HE ORDERS THE LOWER THROUGH HIS FFL. IT'S NOT

FINISHED. THE LOWER IS NOT FINISHED. HE'S GOING TO FINISH THE LOWER OR

SHE'S GOING TO FINISH THE LOWER HERSELF. BUT THE LOWER HAS ACTUALLY GOT A

SERIAL NUMBER ON IT. IS THAT CONSIDERED, UNDER THIS BILL, PART OF A GHOST

GUN KIT?

MR. LAVINE: YOU KNOW THAT'S -- THAT'S A QUESTION

THAT EVENTUALLY IS GOING TO HAVE TO BE, I SUPPOSE, ANSWERED BY A -- BY A

JUDGE. AND I DON'T WANT TO PREJUDGE WHAT A -- WHAT A JUDGE IS GOING TO

DO. I THINK THE IMPORTANT THRUST OF WHAT WE ARE TRYING TO ACCOMPLISH

HERE, IN ADDITION TO SAVING LIVES, IS TO MAKE SURE THAT FIREARMS ARE

SERIALIZED. AND I THINK YOU'D AGREE WITH ME THAT THAT'S A GOOD IDEA,

WOULDN'T YOU?

MR. GALLAHAN: ALL MY FIREARMS ARE SERIALIZED,

EVERY ONE OF THEM, EVERY FIREARM I OWN.

MR. LAVINE: WELL, I'M NOT TALKING ABOUT ALL YOUR --

YOUR FIREARMS, BECAUSE I DON'T KNOW THAT I HAVE TO WORRY ABOUT YOU.

BUT THERE ARE PLENTY OF PEOPLE WE HAVE TO WORRY ABOUT.

MR. GALLAHAN: SO I -- I --

MR. LAVINE: YOU AND I --

MR. GALLAHAN: I HAVE A FEW MORE QUESTIONS --

MR. LAVINE: YOU AND I -- YOU AND I SHARE THAT

OPINION.

MR. GALLAHAN: A FEW MORE QUESTIONS I HAVE.

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THE NEXT QUESTION I HAVE IS, SO I OBTAIN THAT LOWER AND I ORDER MY

TRIGGER KIT, AND I DUST UP MY TRIGGER KIT TO MAKE SURE IT'S GOT A ONE --

ONE-AND-A-HALF POUND PULL ON IT. AND I HAVE TO ASSEMBLE THAT INTO THE

ASSEMBLY THAT I ORDERED WHICH, BY THE WAY, HAS A SERIAL NUMBER ON IT.

SO I HAVE TO MODIFY THAT. SO THAT -- THAT -- THAT LOWER COMES AND I HAVE

TO MODIFY IT TO GET MY TRIGGER KIT INTO THAT LOWER. AND THEN I HAVE TO

PUT A FIRING PIN IN IT. AND YOU CAN OWN A MULTITUDE OF DIFFERENT FIRING

PINS, WITH COATING ON THEM SO THAT THEY DON'T DETERIORATE AS QUICKLY AS A

STANDARD FIRING PIN, BECAUSE IN COMPETITION YOU'RE SHOOTING TENS OF

THOUSANDS OF ROUNDS. SO WHEN I ORDER THESE COMPONENT PARTS, ARE

THESE COMPONENT PARTS GOING TO BE CONSIDERED ILLEGAL TO PUT INTO MY

RECEIVER THAT I HAVE TO MODIFY TO PUT THESE COMPONENT PARTS INTO?

MR. LAVINE: WELL, THAT MIGHT DEPEND ON YOUR --

ON THE PARTICULAR INTENT OF ANY PARTICULAR INDIVIDUAL. BUT I WOULD TEND

TO THINK THAT THE THRUST, AS I HAVE DISCUSSED WITH YOU JUST MOMENTS AGO,

OF THIS BILL IS TO MAKE SURE THAT FIREARMS ARE SERIALIZED. AND YOU AGREE

WITH ME ON THAT, DO YOU NOT? I'M SURE YOU DO.

MR. GALLAHAN: MY NEXT QUESTION WOULD BE, I GO

FROM A 6.5 CREEDMOOR TO A .22 LONG RIFLE COMPETITION WITH THE SAME

FRAME AND I COULD CHANGE -- INTERCHANGE THAT LOWER WITH THE SAME

FRAME TO SHOOT THE .22 WHICH I'M GOING TO BUY AND PUT INTO THAT LOWER.

ARE THOSE PARTS ALSO GOING TO BE CONSIDERED ILLEGAL?

MR. LAVINE: I THINK IF YOU READ THE BILL YOU'LL

COME TO YOUR OWN CONCLUSION, WHICH MIGHT ACTUALLY GIVE YOU SOME

MEASURE OF -- OF COMFORT.

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MR. GALLAHAN: I READ THE BILL. THE BILL TO ME IS

CLEAR AS MUD, SO IT DIDN'T DO ME ANY GOOD. IT -- IT CERTAINLY MAKES IT

DIFFICULT FOR A SHOOTER TO GAIN A COMPETITIVE EDGE IF HE CAN'T GET HIS

COMPONENTS LEGALLY. THAT'S -- THAT IS A HUGE INDUSTRY THAT'S OUT THERE.

THERE'S TENS OF THOUSANDS OF SHOOTERS ACROSS THIS COUNTRY. THERE'S

THOUSANDS AND THOUSANDS OF THEM RIGHT HERE IN NEW YORK WITH GUN

RANGES -- RANGING FROM BUFFALO TO -- TO WESTCHESTER. SO IT -- IT DIDN'T

REALLY MAKE ANY -- ANY SENSE TO ME. THIS -- THIS -- IT WOULD PREVENT

COMPETITIVE SHOOTERS FROM MODIFYING THEIR FIREARMS THE WAY I LOOK AT

IT. AND -- AND I'M -- I'M ALSO WONDERING, HAVE YOU -- HAVE YOU SPOKE

TO ANY MEMBERS OR ANY OFFICIALS FROM S.C.O.P.E. ABOUT -- ABOUT THIS?

MR. LAVINE: YOU KNOW, I AM NOT SURE BECAUSE I'VE

SPOKEN TO MANY PEOPLE ABOUT THIS PARTICULAR BILL AND MANY ARE -- AND

HAVE BEEN MEMBERS OF THE NATIONAL RIFLE ASSOCIATION, AND ALMOST

EVERYONE I'VE SPOKEN WITH FAVORS THIS PARTICULAR BILL. BUT LET ME RETURN

JUST FOR A MOMENT TO YOUR OBSERVATION THAT YOU HAD READ THE BILL AND IT'S

AS CLEAR AS MUD AND THEN YOU WERE CONCERNED AROUND REPLACING FIRING

PINS AND USE A -- GOING FROM A .22 LONG FROM SOME OTHER FIREARM. I'D

SIMPLY SUGGEST, MY FRIEND, THAT YOU READ THE BILL AGAIN. AND YOU MAY

WANT TO REST EASY BECAUSE I DON'T THINK THE BILL INTERFERES WITH YOUR

SECOND AMENDMENT RIGHT OR ANYONE ELSE'S SECOND AMENDMENT RIGHT.

MR. GALLAHAN: I -- I THINK THE BILL IS -- IS OVERLY

VAGUE AND -- AND I -- I DON'T THINK IT'S A GOOD BILL AT ALL. HAVE YOU --

YOU DID -- YOU SAY -- YOU MENTIONED YOU HAD SPOKE WITH -- WITH THE

NRA. CAN -- DO YOU KNOW -- DO YOU KNOW WHO YOU SPOKE WITH?

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NYS ASSEMBLY JUNE 8, 2021

MR. LAVINE: I HAVE SPOKEN TO MANY -- MANY

MEMBERS OF THE NRA WHO ARE CERTAINLY NOT IN FAVOR OF THE NRA'S

POSITIONS, AND I'M SURE YOU HAVE AS WELL, HAVE YOU NOT?

MR. GALLAHAN: I -- I AM A -- I'M ACTUALLY ON THE

BOARD OF DIRECTORS FOR S.C.O.P.E. AND EVERY SINGLE PERSON THAT I'VE

SPOKEN TO FROM S.C.O.P.E. IS AGAINST THIS LEGISLATION.

MR. LAVINE: SO --

MR. GALLAHAN: I'M A LIFE MEMBER OF THE NRA

AND MANY MEMBERS THAT I TALK TO ON A REGULAR BASIS, THE E-MAILS THAT I'M

GETTING IN MY DISTRICT OFFICE, I HAVE NOT HAD ONE IN FAVOR OF THIS

LEGISLATION. I'M ALSO A MEMBER OF THE NEW YORK STATE PISTOL AND RIFLE

ASSOCIATION. I'M WONDERING IF YOU HAVE -- MAY HAVE TALKED TO THOSE

FOLKS?

MR. LAVINE: WELL, THAT'S THE -- THE NRA'S

WHOLLY-OWNED NEW YORK STATE SUBSIDIARY.

MR. GALLAHAN: YEAH --

MR. LAVINE: WHAT'S THE DIFFERENCE?

MR. GALLAHAN: HAVE YOU SPOKEN WITH THEM?

MR. LAVINE: WHAT'S THE DIFFERENCE? I HAVE -- I AM

SURE I HAVE SPOKEN --

MR. GALLAHAN: THERE'S A BIG DIFFERENCE. THEY'RE

LOCATED RIGHT HERE IN NEW YORK STATE --

MR. LAVINE: YEAH -- YES. YES.

MR. GALLAHAN: THEY REPRESENT PEOPLE FROM NEW

YORK STATE, THAT'S WHY THEY CALL IT THE NEW YORK STATE PISTOL AND RIFLE

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ASSOCIATION.

MR. LAVINE: BUT YOUR PHILOSOPHY, WHICH IS THE

PHILOSOPHY THAT ADVANCES THE NRA'S NO COMPROMISE POSITION IS THE

PHILOSOPHY THAT IS KILLING THOUSANDS OF NEW YORKERS AND THOUSANDS OF

-- EXCUSE ME, THOUSANDS OF AMERICANS. IS THIS YOUR ANSWER -- IS THIS

YOUR ANSWER TO THIS CRISIS THAT WE FACE? MORE GUNS? HOW LONG IS IT

GOING TO TAKE US TO LEARN THE LESSON THAT THERE ARE TOO MANY GUNS? TOO

MANY GUNS. AND WHEN YOU HAVE TOO MANY GUNS, TOO MANY ARE GOING

TO FALL INTO THE HANDS OF PEOPLE WHO SHOULD NEVER BE NEAR A GUN IN THE

FIRST PLACE. NEVER NEAR A FIREARM. SO WHAT'S YOUR ANSWER TO THIS

DILEMMA? MORE GUNS?

MR. GALLAHAN: WHAT'S -- WHAT'S YOUR ANSWER TO

MORE GUNS? HOW DO YOU -- HOW -- WHAT'S YOUR ANSWER TO JUST STOPPING

MORE GUNS? WHAT'S YOUR ANSWER TO THAT?

MR. LAVINE: I DON'T -- I DON'T UNDER --

MR. GALLAHAN: THIS BILL? THIS BILL? THIS BILL?

MR. LAVINE: THIS BILL WILL MAKE IT MUCH MORE

DIFFICULT FOR PEOPLE TO ASSEMBLE THESE DO-IT-YOURSELF FIREARMS AT HOME.

THE IDEA IS THAT -- OBVIOUSLY, YOU AGREE WITH THIS, WE WANT TO MAKE

SURE THAT FIREARMS ARE SERIALIZED. YOU KNOW, A PREVIOUS SPEAKER HAD

SPOKEN AND -- AND I DIDN'T HEAR YOU OR ANYONE ELSE TAKE ISSUE WITH HIM

WITH RESPECT TO PEOPLE HATING THE GOVERNMENT. AND THE -- THAT THEY --

THEY DON'T WANT THE GOVERNMENT TO KNOW HOW MANY GUNS THEY'VE GOT.

YOU KNOW, I COULD USE THE OLD GROUCHO MARX LINE HERE, I REST MY CASE.

THERE'S A CRISIS IN THIS COUNTRY. WHAT IS YOUR SOLUTION?

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MR. GALLAHAN: I DON'T BELIEVE THAT THERE IS A

CRISIS --

MR. LAVINE: YOU HAVE NONE. YOU HAVE NONE.

MR. GALLAHAN: -- IN THIS COUNTRY. THE CRISIS IN

THIS COUNTRY IS NOT GUNS. THE CRISIS IN THIS COUNTRY IS EDUCATION. AND

-- AND PLAIN AND SIMPLE, IF IN NEW YORK STATE, FOR EXAMPLE, IF WE HAD

MANDATORY FIREARMS TRAINING EDUCATION IN EVERY SCHOOL, YOU WOULD SEE

THIS -- THIS CRISIS THAT YOU'RE REFERRING TO DIMINISH GREATLY. IT WOULD

DIMINISH GREATLY. EDUCATION IS -- IS THE -- IS THE ANSWER TO MOST OF THE

PROBLEMS THAT WE FACE AND IF WE COULD EDUCATE OUR YOUNG CHILDREN AND

OUR -- AND OUR MIDDLE-AGED FOLKS THAT ARE OUT THERE WITH GUNS BEFORE

THEY -- BEFORE THEY GO OUT AND -- AND COME TO THE RANGE, WHEN THEY

COME TO THE RANGE THEY HAVE TO BE EDUCATED. THEY HAVE TO GO THROUGH

TRAINING. TRAINING AND EDUCATION IS PARAMOUNT IN SOLVING THIS PROBLEM.

THANK YOU FOR ANSWERING THE QUESTIONS.

MR. SPEAKER, ON THE BILL.

MR. LAVINE: WELL --

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GALLAHAN: THANK YOU. I -- I THINK THAT THIS

BILL IS -- IS WAY TOO VAGUE. IT WILL MAKE A CRIMINAL -- THE WAY I READ IT,

IT'LL MAKE A CRIMINAL OUT OF ME, JUST TRYING TO PUT TOGETHER WHAT I --

WHAT I CURRENTLY HAVE AND MAINTAIN WHAT I CURRENTLY HAVE IN ORDER TO

COMPETITIVELY SHOOT. I -- I DON'T UNDERSTAND HOW THIS IS -- ON A LOWER

THAT I BUY FROM AN FFL THAT'S GOT A SERIAL NUMBER ON IT BUT IS NOT

FINISHED MAKES ME A CRIMINAL. AND THERE'S -- THERE'S TOO MANY

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LOOPHOLES THAT I SEE IN THIS BILL AND I CERTAINLY CAN'T SUPPORT IT AND I

WOULD ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SMULLEN.

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

THE ASSEMBLYMAN FROM THE 13TH ASSEMBLY DISTRICT FROM NASSAU

COUNTY YIELD FOR A FEW QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MR. LAVINE, WILL YOU

YIELD?

MR. LAVINE: THE ASSEMBLYMEMBER FROM THE 13TH

ASSEMBLY DISTRICT IN NASSAU COUNTY WHO GREW UP HUNTING AND

SHOOTING IN THE UPPER PENINSULA OF MICHIGAN, SIR, WILL BE HAPPY TO

ANSWER YOUR QUESTIONS.

MR. SMULLEN: WELL, I'M -- I'M SURE THOSE LAWS IN

MICHIGAN ARE A BIT DIFFERENT THAN WE HAVE IN NEW YORK STATE AND --

MR. LAVINE: WELL, EVERY STATE -- EVERY STATE --

MR. SMULLEN: AND THAT -- THAT LIGHT OF A -- THAT

TIME HAS LAPSED SINCE YOUR CHILDHOOD, I'M SURE.

MR. LAVINE: AS YOU KNOW, THE FIREARMS LAWS IN

EVERY STATE ARE -- ARE DIFFERENT.

MR. SMULLEN: INDEED. WELL, THANK YOU VERY

MUCH FOR ALLOWING ME TO ASK A FEW QUESTIONS. I WANT TO SPECIFICALLY

DIG INTO SOME OF THE TECHNICAL DETAILS OF THE BILL, BECAUSE THIS IS

ACTUALLY QUITE A TECHNICAL BILL, IF YOU WILL.

MR. LAVINE: YES, IT IS.

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MR. SMULLEN: NOW, YOU JUST MENTIONED GROWING

UP IN MICHIGAN, BUT WHERE DID YOU GET YOUR EXPERTISE IN FIREARMS

NOMENCLATURE IN ORDER TO CRAFT THIS BILL?

MR. LAVINE: WELL, LET ME SHARE THIS WITH YOU, MY

FRIENDS. I -- I WAS HUNTING MANY TIMES AS A YOUNGER PERSON, BUT NOW

THAT THE STATUTE OF LIMITATIONS HAS RUN, NEVER LEGALLY. AS A MATTER OF

FACT -- WELL, I'LL SAVE THOSE STORIES FOR ANOTHER TIME.

MR. SMULLEN: WELL, THANK YOU. I'D CERTAINLY

INVITE YOU TO THE ADIRONDACKS ON A HUNTING TRIP IF YOU'D LIKE TO TAKE UP

THE PASTIMES OF YOUR YOUTH --

MR. LAVINE: NO, I'VE BEEN AT BEAR CAMPS, I GET IT.

MR. SMULLEN: IT'D BE VERY -- IT'D BE VERY

BENEFICIAL.

MR. LAVINE: I GET IT.

MR. SMULLEN: AND THE REASON I SAY THAT IS IS THAT

I -- I HAVE SOME -- SOME REAL CONCERNS ABOUT THIS IS, IN YOUR MIND WHAT

IS A RECEIVER UNDER THIS BILL?

MR. LAVINE: IF YOU READ THE BILL --

MR. SMULLEN: I -- I'VE READ IT TEN TIMES. I -- I

WANT YOU TO SAY IN PUBLIC WHAT A RECEIVER IS, SIR.

MR. LAVINE: THEN I THINK WHAT YOU WANT TO DO IS

YOU WANT TO READ LINES 5 TO 12 OF THE BILL AND I THINK THAT YOU'LL BE ABLE

TO READILY UNDERSTAND WHAT A RECEIVER IS. I SUSPECT YOU KNOW WHAT A

RECEIVER IS; AM I CORRECT?

MR. SMULLEN: I AM, IN FACT I -- I DO HAVE A LITTLE

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BIT OF EXPERIENCE WITH -- WITH WEAPONS AND WEAPONS SYSTEMS BECAUSE

MR. LAVINE: WELL, WE'RE -- WE'RE TALKING -- TALKING

ABOUT FIREARMS HERE. VERY OFTEN WHEN I USE THAT WORD WEAPONS IN A

DISCUSSION WITH A -- A GUN -- GUN ADVOCATES, I'M CORRECTED. SO I WANT

TO MAKE SURE THAT -- ARE YOU TALKING ABOUT FIREARMS OR WEAPONS OR

BOTH?

MR. SMULLEN: UNDER NEW YORK STATE LAW I'M

SPEAKING OF FIREARMS.

MR. LAVINE: GOOD.

MR. SMULLEN: HOW -- NOW, HOW DO YOU ALSO NET

THIS -- NEST THIS UNDER FEDERAL LAW, BECAUSE YOU ACTUALLY DO MENTION

FEDERAL LAW IN YOUR BILL.

MR. LAVINE: YOU KNOW, THAT'S AN INTERESTING POINT.

AND IT'S NOT AS IF WE HAVE NOT DONE THAT BEFORE ANY NUMBER OF TIMES IN

LEGISLATION IN THE STATE OF NEW YORK. AND I'D DIRECT YOUR ATTENTION,

ALTHOUGH I HAVEN'T HAD A CHANCE TO FULLY RESEARCH THIS, BUT JUST, MY

FRIEND, OFF THE TOP OF MY HEAD, WHEN WE DEFINE DRUG OFFENSES, WE ALSO

REFER TO FEDERAL... SCHEDULES OF -- OF CONTROLLED SUBSTANCES. THAT'S

CORRECT, ISN'T IT?

MR. SMULLEN: SO IF WE'RE GOING TO FOLLOW FEDERAL

LAW IN TERMS OF HOW WE DESCRIBE OFFENSES AND HOW WE ARE GOING TO

LOOK AT THESE -- THESE ACTUAL -- THESE FIREARMS, WHY DON'T WE JUST FOLLOW

THE EXISTING FEDERAL AND STATE LAW? WOULDN'T THAT SUFFICE IN THIS CASE?

MR. LAVINE: WELL, YOU KNOW VERY WELL THAT THE

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ATF, NOW IT'S THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

EXPLOSIVES, DOES NOT VIEW THESE GHOST -- GHOST GUN KITS AS BEING

ILLEGAL, AND THEY'RE NOT ILLEGAL IN NEW YORK STATE --

MR. SMULLEN: RIGHT.

MR. LAVINE: ARE THEY? I MEAN, I HEARD FROM ONE

OF YOUR COLLEAGUES THAT THEY WERE ILLEGAL AND THEN I HEARD FROM ANOTHER

OF YOUR COLLEAGUES THAT THEY WEREN'T ILLEGAL. SO PERHAPS I'M CONFUSED.

MR. SMULLEN: WELL, CERTAINLY FIREARMS WITHOUT

SERIAL NUMBERS ARE NOT LEGAL IN NEW YORK STATE. THAT'S -- THAT'S A FACT.

THAT'S WHAT -- WHAT ACTUALLY EXISTS TODAY. NOW, YOU'D MENTIONED 256

MASS SHOOTINGS. HOW MANY OF THOSE WERE BY -- WERE DONE WITH GHOST

GUNS?

MR. LAVINE: YOU KNOW, IT'S INTERESTING THAT YOU

ASKED THAT QUESTION, AND I DO HAVE TO SAY THAT I BELIEVE YOU ASKED THAT

QUESTION EARLIER. SO I DON'T REALLY HAVE AT MY DISPOSAL THE ANSWER TO

THAT -- TO THAT QUESTION --

MR. SMULLEN: THANK YOU.

MR. LAVINE: BUT IN TERMS OF --

MR. SMULLEN: -- THAT'S FINE.

MR. LAVINE: BUT I -- I THINK YOU'RE DRIVING AT HOW

MANY TIMES HAVE PEOPLE BEEN KILLED WITH GHOST GUNS?

MR. SMULLEN: NO, NOT -- NOT AT ALL.

MR. LAVINE: YES.

MR. SMULLEN: YOU MENTIONED A STATISTIC -- A

NATIONAL STATISTIC, BUT YOU FAILED TO BACK IT UP WITH EMPIRICAL EVIDENCE

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AS TO WHAT --

MR. LAVINE: WELL --

MR. SMULLEN: -- GHOST GUNS WERE USED AT THE

NATIONAL LEVEL. SO WE'RE TALKING ABOUT NEW YORK HERE --

MR. LAVINE: THEN LET ME GIVE YOU SOME --

MR. SMULLEN: I'D LIKE TO CONTINUE TO QUESTION YOU

ON THE SERIALIZATION OF --

ACTING SPEAKER AUBRY: GENTLEMEN,

GENTLEMEN. YOU ASK A QUESTION, YOU LET IT ANSWER. YOU ASK A QUESTION.

THIS CONSTANT TALKING OVER EACH OTHER IS NOT PART OF WHAT WE DO IN THIS

HOUSE, OKAY? NO MATTER HOW CONTENTIOUS THE ISSUE. THANK YOU.

MR. SMULLEN: THERE'S CERTAINLY NOTHING

CONTENTIOUS GOING ON HERE, MR. SPEAKER, I JUST HAVE LIMITED TIME

BECAUSE OUR DEBATE IS LIMITED TO 15 MINUTES. MAY I HAVE 30?

ACTING SPEAKER AUBRY: WELL, YOU STILL CAN'T

BREAK THE RULES BECAUSE THE TIME IS 15 MINUTES, ALL RIGHT? THANK YOU.

PROCEED.

MR. SMULLEN: I'M OFFERING HIM THE OPPORTUNITY TO

-- TO ANSWER IF HE WOULD CHOOSE.

MR. LAVINE: WHAT IS THE QUESTION?

MR. SMULLEN: LET ME MOVE ON THEN IF THAT'S OKAY.

MR. LAVINE: OH. I CAN -- I THINK THAT I CAN GIVE

YOU THE INFORMATION THAT YOU WANT IN TERMS OF SHOOTINGS WITH GHOST

GUNS. BUT BEAR WITH ME. AND IT'S A FAIRLY EXHAUSTIVE SCHEDULE. AND IF

AT SOME POINT YOU GET A LITTLE BIT BORED WITH WHAT I'M SAYING, JUST GIVE

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ME A SIGN. SO LET'S GO BACK TO JUNE 7TH, 2013. JOHN ZAWAHRI CARRIED

OUT A SHOOTING SPREE --

MR. SMULLEN: MR. SPEAKER.

MR. LAVINE: -- KILLED FOUR PEOPLE INCLUDING HIS --

MR. SMULLEN: MAY I ASK THAT THE -- THE SPONSOR

AGAIN YIELD SO I CAN QUESTION HIM AS OPPOSED TO USING MY TIME UP

INEFFICIENTLY?

ACTING SPEAKER AUBRY: YOU'RE ASKING FOR...

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

ACTING SPEAKER AUBRY: OKAY. ON THE BILL.

MAYBE THAT'S THE BEST WAY TO PROCEED.

MR. SMULLEN: I DO APPRECIATE IT. I'VE GOT LOT OF

QUESTIONS AND I DO HAVE LIMITED TIME --

ACTING SPEAKER AUBRY: RIGHT, GO AHEAD.

MR. SMULLEN: -- BECAUSE OF THE CURRENT RULES OF

THE HOUSE. I'VE GOT A LOT OF CONCERNS ABOUT THIS BILL AND SPECIFICALLY,

THE TECHNICAL ASPECTS OF IT, WHICH I DON'T THINK ARE -- ARE FACTORED INTO.

THIS BILL IS GOING TO VERY DEFINITELY HURT COMPETITION SHOOTERS IN NEW

YORK STATE. THESE ARE LAW-ABIDING CITIZENS WHO HAVE A HOBBY AND A

SPORT THAT THEY'RE VERY PASSIONATE ABOUT. AND WHAT THEY DO IS THEY

HAVE A LOT OF PIECES AND PARTS TO VARIOUS FIREARMS WHICH ARE LEGALLY

REGISTERED, WHICH THEY OWN AND WHICH THEY USE IN A SAFE MANNER ON

SHOOTING RANGES AND FOR HUNTING AND FOR THE VARIOUS OTHER LEGAL

PURPOSES IN NEW YORK STATE. THIS -- THIS BILL SPECIFICALLY IS GOING HURT

THEM BECAUSE IT HAS TO DO WITH THE SERIALIZATION OF PARTS, WHETHER

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THEY'RE FRAMES OR THEY'RE RECEIVERS OR THEY'RE BARRELS OR THEY'RE VARIOUS

ATTACHMENTS THAT GO ON TO THIS. I THINK THE INTENTION BEHIND THIS BILL IS

TO REQUIRE THE SERIALIZATION OF ALMOST EVERY PART IN A WEAPON, A FIREARM,

IN A SYSTEM THAT -- THAT WORKS TOGETHER IN FUNCTIONS AS DESIGNED. AND

-- AND I THINK THAT'S A BAD THING BECAUSE WHAT IT DOES IS IT PUNISHES

LAW-ABIDING CITIZENS FOR THE CRIMES OF THOSE PEOPLE WHO ARE ALREADY

EVADING THE LAW THAT THEY COMMIT WITH GHOST GUNS. AND I'M -- I'M

AGAINST UNSERIALIZED FIREARMS IN NEW YORK STATE, BUT I THINK IT'S

ALREADY ADEQUATELY COVERED UNDER NEW YORK STATE LAW.

TECHNOLOGY IS AN EVER-EVOLVING AND AN EVER-CHANGING

SORT OF ENDEAVOR; IN FACT, THERE ARE 3D PRINTERS NOW THAT ALLOW PEOPLE

TO PRINT VARIOUS THINGS AT HOME WHICH, AGAIN, WOULDN'T BE -- WOULDN'T

BE SERIALIZED. BUT WHAT THIS IS DOING IS THIS IS ESSENTIALLY SWITCHING ALL

OF THE RESPONSIBILITY ON TO THE GUNSMITHS IN NEW YORK STATE AND THE

FEDERAL FIREARMS LICENSEES THAT SELL FIREARMS IN NEW YORK STATE. AND

I -- I DON'T THINK THAT THAT'S A -- A VERY GOOD PROPOSITION WHEN IN REALITY

WE'RE TRYING TO TARGET CRIMINALS, PEOPLE THAT COMMIT CRIMES WITH GUNS,

PEOPLE THAT WOULD GO AHEAD AND UNSCRUPULOUSLY BUY A GHOST GUN AND

THEN USE IT TO COMMIT A CRIME. THOSE ARE THE PEOPLE THAT WE SHOULD BE

AFTER THAT, NOT THE LAW-ABIDING CITIZENS. BECAUSE AS I EXPLAINED IN OUR

PREVIOUS BILL AND -- AND I WILL CONTINUE TO DO SO IN THE BILLS THAT ARE

COMING UP, IS THIS -- THIS STRATEGY OF A DEATH BY A THOUSAND CUTS CAUSES

CHAOS IN THE LEGAL GUN OWNING COMMUNITY IN NEW YORK STATE, WHICH

IT'S THEIR RIGHT TO DO SO UNDER THE SECOND AMENDMENT, THAT THE RIGHT

KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.

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SO INDEED THIS, TO ME, IS AN INFRINGEMENT AND IT MUST

BE RECOGNIZED AS SUCH. FOR THE LAST TEN YEARS, NEW YOUR STATE HAS

CONTINUED TO LEGISLATE TO RESTRICT GUN OWNERS' RIGHTS, TO EXERCISE THEIR

CONSTITUTIONAL LIBERTY UNDER THE CONSTITUTION. IT'S NOTHING MORE THAN

THAT. AND IT'S A -- IT'S A -- IT'S A CONCERTED EFFORT TO DO SO AND I THINK IT'S

FUNDAMENTALLY WRONG TO THE BELIEFS THAT WE HAVE IN THE CONSTITUTION. IF

WE WANT TO GO AFTER CRIMINALS, WHICH I THINK WE SHOULD, THEN LET'S DO

SO. BUT LET'S DON'T DO IT AT THE EXPENSE OF LAW-ABIDING GUN OWNERS AND

SPECIFICALLY IN THIS BILL, COMPETITION SHOOTERS WHO WILL HAVE THE -- THE

CHANCE THAT THEIR ACTIVITIES ARE CRIMINALIZED FOR NO OTHER REASON THAN

THEY -- THE GOALPOST HAS BEEN MOVED TO THEM IN THEIR RIGHTS UNDER THE

SECOND AMENDMENT UNDER THE CONSTITUTION.

MR. SPEAKER, THANK YOU VERY MUCH AND I DO

APPRECIATE THE -- THE EXCHANGE BACK AND FORTH WITH THE SPONSOR, BUT

WANT TO MAKE SURE THAT I HAVE OPPORTUNITY TO EXPRESS MY FIRST

AMENDMENT RIGHTS ON BEHALF OF THE CITIZENS OF MY DISTRICT. THANK YOU.

ACTING SPEAKER THIELE: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER THIELE: THE CLERK WILL RECORD

THE VOTE ON SENATE BILL 13-A. THIS IS A PARTY VOTE. ANY MEMBER WHO

WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS

REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE

WHO WOULD LIKE TO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S

OFFICE AND WE'LL RECORD YOUR VOTE ACCORDINGLY. THANK YOU, SIR.

ACTING SPEAKER THIELE: MS. HYNDMAN.

MS. HYNDMAN: THIS IS A PARTY VOTE. MAJORITY

MEMBERS WILL BE RECORD IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS,

WE ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT

THE NUMBER PREVIOUSLY PROVIDED AND THEIR NAMES WILL BE ANNOUNCED

ACCORDINGLY.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER THIELE: MR. LAVINE TO

EXPLAIN HIS VOTE.

MR. LAVINE: THANK YOU. THIS BILL IS NAMED FOR

SCOTT BEIGEL. SCOTT BEIGEL WAS AND IS AN AMERICAN HERO. HE DIED AT

MARJORY STONEMAN DOUGLAS HIGH SCHOOL IN PARKLAND, FLORIDA,

SHIELDING HIS STUDENTS FROM -- FROM A MURDERER. HE GAVE HIS LIFE DOING

THAT. IT IS FITTING THAT THIS LEGISLATION IS NAMED IN HIS MEMORY AND THAT IT

IS NAMED IN HIS HONOR, BECAUSE ONCE ENACTED, THIS LEGISLATION WILL ALSO

SAVE LIVES. NOW IS THE TIME FOR AMERICANS OF GOOD FAITH TO BE INSPIRED

BY SCOTT'S LIFE. BY THE WAY, SCOTT'S PARENTS ARE VERY DEAR FRIENDS. NOW

IS THE TIME FOR US TO BE INSPIRED BY THEIR SON'S LIFE. LET US UNITE TO

PROTECT OUR FAMILIES, OUR COMMUNITIES, AND THE SOUL OF OUR NATION FROM

THE CLEAR, PRESENT, AND IMMINENT DANGER PRESENTED BY FAR TOO EASY

ACCESS TO FIREARMS, INCLUDING FAR TOO EASY ACCESS TO HOME MANUFACTURED

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WEAPONS. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

MR. WALCZYK.

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

EXPLAIN MY VOTE. SO WE -- OVER THE LAST COUPLE OF YEARS WE'VE DONE A

LOT OF WORK IN -- IN THIS CHAMBER. I UNDERSTAND THE INTENT OF IT, BUT

WE'RE NOW SEEING THE RESULT OF WHAT WE FEARED. WE TOOK DISCRETION

AWAY FROM JUDGES, MR. SPEAKER. WE RELEASED FELONS EARLY. WE

ELIMINATED CASH BAIL, WE CLOSED PRISONS, WE PUT DISTRICT ATTORNEYS AT A

DISADVANTAGE, WE PUT OUR THUMBS ON THE SCALE OF JUSTICE FOR CRIMINALS.

WE HAVE A LACK OF SUPPORT FOR LAW ENFORCEMENT AND WE HAVE

UNEMPLOYMENT THAT IS CAUSED BY GOVERNMENT LOCKDOWN WHICH HAS

RESULTED IN WHAT YOU KNOW, THE NEW YORK CITY MAYOR'S RACE RIGHT

NOW, THE TOP ISSUE IN THAT RACE IS, WHAT ARE YOU GOING TO DO ABOUT THE

CRIME WAVE? AND THIS IS THE SOLUTION. I DON'T KNOW HOW THIS SELLS

BACK TO NEW YORK CITY RESIDENTS. GOOD LUCK. WE'RE GOING TO PUT

SERIALS ON -- ON THE LOWER RECEIVERS, THAT'S THE SOLUTION.

I GOT -- I GOT A DIFFERENT SOLUTION, MR. SPEAKER. I'M

GOING TO VOTE NO ON THIS PIECE OF LEGISLATION, BUT I WOULD SAY GIVE

DISCRETION BACK TO JUDGES, PUT THE FELONS BACK IN PRISON, STOP CLOSING

PRISONS, PUT CASH BAIL BACK IN PLACE, LET DISTRICT ATTORNEYS AND LAW

ENFORCEMENT OFFICERS DO THEIR JOBS WITH YOUR SUPPORT. THAT SELLS A LOT

BETTER BECAUSE IT ACTUALLY WORKS AND WAS WORKING IN THE STATE. SO WITH

THAT, MR. SPEAKER, I VOTE NO ON THIS BILL THAT IS GOING TO DO ABSOLUTELY

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NYS ASSEMBLY JUNE 8, 2021

NOTHING TO ADDRESS THE PROBLEM THAT EXISTS IN NEW YORK CITY RIGHT

NOW.

ACTING SPEAKER AUBRY: MR. WALCZYK VOTES

NO.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

FLOOR VOTE, PLEASE ADD MR. DESTEFANO AND MR. SMITH IN SUPPORT OF THIS

LEGISLATION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.

MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, PLEASE RECORD OUR

COLLEAGUE, MR. SANTABARBARA, IN THE NEGATIVE.

ACTING SPEAKER AUBRY: THANK YOU, MS.

HYNDMAN.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 19, RULES REPORT NO. 454, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06522, RULES REPORT

NO. 454, STERN, GRIFFIN, SIMON, EPSTEIN. AN ACT TO AMEND TO THE PENAL

LAW, IN RELATION TO REDEFINING THE TERM "DISGUISED GUN" TO INCLUDE ANY

RIFLE, PISTOL, SHOTGUN OR MACHINE-GUN RESEMBLING A TOY GUN AND

PROHIBITING THE POSSESSION, MANUFACTURE OR DESIGN THEREOF.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. STERN.

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MR. STERN: YES, THANK YOU, MR. SPEAKER. IN A

VERY DISTURBING TREND ALL ACROSS OUR COUNTRY, IT'S GETTING TOUGHER THESE

DAYS TO TELL THE REAL GUNS FROM TOYS. REAL GUNS THAT ARE INTENTIONALLY

DISGUISED AS TOYS PUT ALL OF US AT RISK, ESPECIALLY OUR LAW ENFORCEMENT

WHEN FACED WITH A DIFFICULT AND POTENTIALLY DEADLY CHOICE TO MAKE. SO

THIS LEGISLATION, MR. SPEAKER, WOULD PROHIBIT THE DESIGN, MANUFACTURE

AND POSSESSION OF DISGUISED GUNS IN NEW YORK STATE.

ACTING SPEAKER AUBRY: MR. REILLY.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. STERN, WILL YOU

YIELD?

MR. STERN: YES, I WILL.

ACTING SPEAKER AUBRY: MR. STERN YIELDS.

MR. REILLY: THANK YOU, MR. STERN. SO JUST FOR

CLARIFICATION PURPOSES, ON LINE 7 AND 8 OF THE BILL, IT SAYS, INCLUDE BUT

NOT BE LIMITED TO ANY RIFLE, PISTOL, SHOTGUN, OR MACHINE GUN DISPLAYING

A COLOR FINISH OTHER THAN THE ORIGINAL MANUFACTURED COLOR. THE REASON

WHY I READ THAT IS I WAS LOOKING FOR A CLARIFICATION BECAUSE I DIDN'T SEE

IT IN THE BILL, LAW ENFORCEMENT DURING TRAINING EXERCISES USE RED BARREL

FIREARMS. WHAT THAT INDICATES IS TO LET THE -- THE OFFICERS WHO ARE BEING

TRAINED KNOW THAT THAT IS A NON-OPERABLE FIREARM. IS THERE ANYTHING THAT

WILL CLARIFY AND ENSURE THAT THOSE FIREARMS USED IN TRAINING EXERCISES

WOULD NOT BE ILLEGAL UNDER THIS LEGISLATION?

MR. STERN: SURE. WELL, FIRST OF ALL, I'M VERY PROUD

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OF THE FACT THAT THIS LEGISLATION HAS THE SUPPORT OF LOCAL LAW

ENFORCEMENT, AS WELL AS THE NEW YORK STATE PBA. AND THE REASON

WHY IS, AND IT GOES TO YOUR QUESTION, WHEN YOU READ THE NEW LANGUAGE

IN THE TOTALITY, IT IS -- THERE HAS TO BE AN INTENT THAT WITH THESE CHANGES

USED AS EXAMPLES, THERE HAS TO BE AN INTENT THAT THE GUN PRESENTS AS A

TOY GUN. SO GOING TO YOUR EXAMPLE, IN THE CASE WHERE THERE IS AN

INOPERABLE GUN THAT'S UTILIZED BY LAW ENFORCEMENT CERTAINLY NOT

INTENDED TO PRESENT AS A TOY GUN, I DON'T BELIEVE WOULD COME UNDER THIS

LEGISLATION.

MR. REILLY: THANK YOU, MR. STERN. TOUCHING ON

THAT AGAIN, IF YOU HAVE A -- I KNOW THAT IN THE LEGISLATION FOR HUNTING

THERE WAS -- IF IT'S PAINTED CAMOUFLAGE THERE -- THERE'S AN EXEMPTION.

MR. STERN: YEAH.

MR. REILLY: IF THERE'S -- IS THERE ANYTHING IN HERE

ABOUT EXEMPTIONS FOR THE SPORT SHOOTER WHERE MAYBE THERE'S A FIREARM

THAT IS A RIFLE THAT MAY BE PAINTED WITH LIKE AN AMERICAN FLAG OR

DECORATION LIKE THAT.

MR. STERN: WELL, AGAIN, THE -- THE LANGUAGE OF THE

BILL STATES PRETTY CLEARLY THAT THERE HAS TO BE, NUMBER ONE, AN INTENT, AND

THAT DUE TO THE ALTERATION, WHETHER IT'S COLOR OR DESIGN, THAT IT'S INTENDED

TO PRESENT AS A TOY GUN. OF COURSE THE REASON FOR THAT AND WHAT WE'RE

SEEING ALL ACROSS THE COUNTRY IN ALARMING NUMBERS THESE DAYS IS THAT

CRIMINALS ARE TAKING THEIR GUNS AND THEY ARE MAKING THEM APPEAR AS TOY

GUNS, AND WHETHER THEY'RE ACTUALLY USING THEM FOR CRIMINAL ACTIVITY OR

WHEN FACED WITH AN OFFICER BY DESIGN, BECAUSE IT PRESENTS AS A TOY GUN,

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AUTOMATICALLY IT'S GOING TO -- THE INTENT THERE IS TO GET THE POLICE OFFICER

IN A CONFRONTATION TO PAUSE. AND YOU KNOW VERY WELL, WE KNOW, THAT IF

YOU ARE NOT GOING TO GET SHOT FIRST, THEN YOU ARE THAT MUCH MORE LIKELY

TO TAKE THE FIRST SHOT AND THAT'S WHAT THIS LEGISLATION SEEKS TO PREVENT.

MR. REILLY: MR. STERN, ONE LAST QUESTION. THE --

POSSESSING A FIREARM LIKE THIS, WOULD IT -- WOULD IT BE A CLASS D

FELONY?

MR. STERN: POSSESSION AT 2 -- PENAL LAW 265

SPEAKS TO THE DEFINITION -- CRIMINAL POSSESSION IS -- IS DEALT WITH UNDER

265.02. THIS WOULD BE A THIRD DEGREE CRIMINAL POSSESSION OF -- OF A

WEAPON. SUB 6 OF 265.02 GOES TO POSSESSION OF A DISGUISED GUN, THAT

IS A CLASS D FELONY.

MR. REILLY: D AS IN DAVID. THANK YOU. THANK

YOU, MR. STERN.

MS. -- MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER HUNTER: ON THE BILL, SIR.

MR. REILLY: SO I -- I LIKE THE INTENT OF THE BILL. AS

A FORMER NEW YORK CITY POLICE OFFICER, I'VE DEALT FIRST HAND WITH

FIREARMS THAT WERE DISGUISED TO LOOK LIKE TOY GUNS. AND FOR OFFICERS'

SAFETY, I CAN TELL YOU THAT EXPLANATION THAT MR. STERN GAVE US WHERE IT'S

-- THAT HESITATION CAN COST AN OFFICER OR A CIVILIAN THAT'S NOT INVOLVED IN

THE INCIDENT THEIR LIVES IN A SPLIT SECOND. I WAS FORTUNATE ENOUGH THAT I

NEVER FIRED MY WEAPON IN THE LINE OF DUTY EXCEPT FOR TRAINING, BUT I

CAME VERY CLOSE. AND I RELIVE THOSE NIGHTS IN MY DREAMS BECAUSE IT'S

NOT AN EASY DECISION WHEN YOU HAVE THAT LAST CHANCE TO WHETHER YOU'RE

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GOING TO PROTECT YOUR OWN LIFE AND THE CIVILIANS AROUND YOU OR IF YOU'RE

GOING TO SHOOT SOMEONE AND BE SECOND-GUESSED BECAUSE IT MIGHT BE A

TOY. THERE WERE MANY INCIDENTS WHERE I WAS INVOLVED IN INVESTIGATING

ROBBERIES ON THE STREET THAT WERE DONE WITH FAKE FIREARMS TO LOOK LIKE

TOYS AND BUT FOR THE GRACE OF GOD, NOTHING HAPPENED WHEN I WAS

INVOLVED IN IT.

SO HAVING CLARIFIED THAT TRAINING FIREARMS USED BY LAW

ENFORCEMENT TO SHOW THAT THEY'RE INOPERABLE, I THINK THAT'S A GOOD THING

THAT WE DEFINED HERE ON DEBATE. I THINK THAT SETS THE PRECEDENT OF THE

RECORD THAT WE NEED IN REGARDS TO THIS LEGISLATION BECAUSE AS I'VE

SPOKEN ABOUT SEVERAL TIMES ON THE FLOOR, MANY TIMES WE PUT LANGUAGE

IN LEGISLATION THAT DOES NOT TRANSITION TO THE STREET THE WAY IT WAS

INTENDED. SO I THANK THE SPONSOR FOR CLARIFYING THAT AND I THANK ALL THE

EFFORTS TO ENSURE THAT WE PROTECT LAW ENFORCEMENT WHEN THEY'RE TRYING

TO COMBAT THE ILLEGAL FIREARMS. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER HUNTER: MR. SALKA.

MR. SALKA: THANK YOU, MADAM SPEAKER. WOULD

THE SPONSOR YIELD FOR A QUESTION OR TWO?

THANK YOU, SIR.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

MR. SALKA: YOU LOOK THROUGH DIFFERENT MAGAZINES

THAT SELL FIREARMS, YOU KNOW, LIST FIREARMS, DESCRIBE FIREARMS, DO TESTING

ON FIREARMS. A LOT OF MANUFACTURERS OFFER FROM THE MANUFACTURER

DIFFERENT COLORED GUNS; SOME WOMEN SHOOTERS LIKE TO HAVE BLUE OR PINK

GUNS. WOULD THIS, IN FACT, PROHIBIT THE SALE OF THOSE GUNS IN NEW YORK

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AND IF IT WOULD, WILL THE GUNS THAT ARE IN CIRCULATION AT THIS POINT BE

GRANDFATHERED IN?

MR. STERN: SO THE ANSWER TO THE FIRST QUESTION IS IT

CERTAINLY COULD; YET, I GO BACK TO THE DEFINITION IN THIS LEGISLATION THAT

THIS KIND OF ALTERATION, WHETHER IT BE COLOR OR IN SUBSTANCE OR BY DESIGN,

IF IT IS INTENDED THAT IT RESULT IN LOOKING LIKE A TOY GUN, THAT WOULD COME

UNDER THIS BILL. THE EFFECTIVE DATE RIGHT NOW IS I BELIEVE NEXT

NOVEMBER, IF ENACTED NOW. THERE IS NO GRANDFATHERING CLAUSE. THIS IS

A -- A POSSESSION, OR AT LEAST IN PART, A POSSESSION OFFENSE. AND SO --

AND THAT'S THE IDEA IS IF THERE IS A FIREARM THAT HAS INTENTIONALLY BEEN

ALTERED TO MAKE IT LOOK LIKE A TOY GUN, THEN POSSESSION OF IT, OF COURSE,

MANUFACTURER AND DESIGN AND SALE COMES UNDER THIS LEGISLATION AS WELL.

BUT THE INTENT IS THAT THESE TYPES OF FIREARMS THAT BECAUSE OF THE

POTENTIAL SITUATION THAT WE'VE BEEN DISCUSSING TODAY CAN BE INHERENTLY

DANGEROUS PARTICULARLY TO OUR LAW ENFORCEMENT, WOULD COME UNDER THIS

LEGISLATION.

MR. SALKA: SO MOST GUNS THAT ARE SOLD ARE EITHER

BLACK OR A METALLIC COLOR, OKAY, DIFFERENT -- ALUMINUM OR STEEL, STAINLESS

STEEL, WHATEVER, BUT AGAIN, THOSE GUNS THAT ARE MANUFACTURED BY -- BY

THAT -- BY THAT PARTICULAR MANUFACTURER OF A COLOR THAT ISN'T BLACK OR ISN'T

SILVER OR STAINLESS STEEL, THOSE WILL, IN FACT, BE ILLEGAL IN NEW YORK

STATE.

MR. STERN: THAT COULD BE IF UNDER THE FACTS AND

CIRCUMSTANCES THAT MANUFACTURER BY DESIGN INTENTIONALLY MANUFACTURED

OR DESIGNED THAT FIREARM TO LOOK LIKE A TOY GUN.

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MR. SALKA: SO I'M JUST A LITTLE CONCERNED THAT THE

INTENTION. A -- A GUN MANUFACTURER ISN'T GOING TO INTENTIONALLY DISGUISE

A GUN TO LOOK LIKE A TOY, AT LEAST IN THAT RESPECT THAT, YOU KNOW, FROM

THE UTILITY STANDPOINT. I JUST AM A LITTLE WORRIED AND A LITTLE NERVOUS

ABOUT THE FACT THAT THERE'S A GUN OF A VERY POPULAR COLOR, LIKE I SAID,

THEY HAVE PINK, THEY HAVE DIFFERENT COLORS, THAT THOSE ARE, IN FACT, GOING

TO BE -- NOT ALLOWED TO BE SOLD IN NEW YORK STATE. SO THAT'S GOING TO

ELIMINATE THE MARKET FOR ANY COLOR -- COLORED WEAPON THAT'S NOT

STANDARD COLOR, IF THERE'S -- EVEN BE CLASSIFIED AS A STANDARD COLOR OF

BLACK OR SILVER OR STAINLESS STEEL.

MR. STERN: THE -- THE INTENT OF THIS LEGISLATION IS

THAT A GUN SHOULD LOOK LIKE A GUN --

MR. SALKA: AND THEY DO.

MR. STERN: AND THAT'S -- THAT'S WHAT PARTICULARLY

IMPORTANT AND AGAIN, I'LL -- I'LL REFER TO OUR LOCAL LAW ENFORCEMENT, NEW

YORK STATE PBA AS WELL --

MR. SALKA: SURE.

MR. STERN: -- THAT THEY BELIEVE BY SUPPORTING

LEGISLATIVE INITIATIVE, THAT BY HAVING THIS LAW IN NEW YORK STATE THAT WE

WOULD BE TAKING INHERENTLY DANGEROUS FIREARMS OFF THE STREETS AND

PUTTING THEM AT A DISADVANTAGE.

MR. SALKA: OKAY. THANK YOU, SIR.

ACTING SPEAKER HUNTER: MR. GOODELL.

MR. GOODELL: WOULD THE SPONSOR YIELD?

ACTING SPEAKER HUNTER: WILL THE SPONSOR

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YIELD?

MR. STERN: YES, I WILL.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. STERN. AS YOU

KNOW, GUNS ARE PROTECTED BY THE SECOND AMENDMENT TO THE U.S.

CONSTITUTION, BUT TOYS ARE NOT. AND TOYS HAVE NO

CONSTITUTIONALLY-PROTECTED STATUS IN THE UNITED STATES. WHY NOT BAN

TOYS THAT LOOK LIKE GUNS INSTEAD OF BANNING GUNS THAT LOOK LIKE TOYS?

MR. STERN: WELL, THAT IS, IN FACT, ALREADY THE CASE.

THERE IS FEDERAL LAW THAT SPEAKS TO THAT. THERE IS STATE LAW AND -- AND

ADDITIONAL STATE LAW THAT'S BEING PROPOSED TO GO TO THAT. THIS IS THE

INVERSE OF THAT ARGUMENT. BUT THAT IS AN IMPORTANT CASE TO MAKE AS

WELL. THAT'S NOT THIS ONE, BUT -- BUT I WOULD AGREE, THE FEDERAL LAW

WOULD AGREE, NEW YORK STATE LAW WOULD AGREE THAT THAT IS -- THAT IS --

THAT'S AN IMPORTANT ISSUE AND ALSO INHERENTLY DANGEROUS AS WELL.

MR. GOODELL: AND SO ARE YOU SAYING NEW YORK

STATE CURRENTLY BANS TOYS THAT LOOK LIKE GUNS?

MR. STERN: THERE IS A -- THERE IS -- THERE'S INTENT, I

BELIEVE THAT THERE IS PROPOSED LEGISLATION TO DO -- TO DO THAT AS WELL.

MR. GOODELL: BUT NOT EXISTING LEGISLATION.

MR. STERN: CORRECT.

MR. GOODELL: AND YOU AND I WOULD BOTH AGREE IF

YOU BAN TOYS THAT LOOK LIKE GUNS, THERE'S NO CONSTITUTIONAL SECOND

AMENDMENT RIGHTS ISSUES, RIGHT?

MR. STERN: TO BAN THE TOYS THAT ARE MADE TO LOOK

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LIKE GUNS, IS THAT A SECOND AMENDMENT VIOLATION? I WOULD GUESS NOT.

MR. GOODELL: I WOULD -- I WOULD AGREE WITH YOU.

THE ATTORNEY GENERAL -- NEW YORK STATE ATTORNEY GENERAL DID A

DETAILED STUDY CALLED TARGET ON TRAFFICKING, A NEW YORK CRIME GUN

ANALYSIS. AND THEY INDICATED THAT THERE WERE 52,915 GUNS RECOVERED

BETWEEN 2010 AND 2015. HOW MANY OF THOSE 52,915 GUNS LOOK LIKE

TOYS?

MR. STERN: THAT I -- THAT I DON'T HAVE STATISTICS ON.

BUT WHAT I CAN TELL YOU IS THAT RARELY NOW IF YOU DO A SEARCH NOT JUST

ABOUT THIS ISSUE IN NEW YORK STATE, BUT ALL ACROSS THE COUNTRY, YOU WILL

COME UP WITH -- WITH DOZENS OF NEW STORIES THAT SHOW THESE GUNS THAT

WERE INTENDED TO LOOK LIKE TOYS, AND THEY'RE PRETTY CREATIVE, THERE ARE

THE NERF SUPER SOAKERS AND -- AND THE OTHERS THAT NORMALLY SHOOT THE --

THE FOAM ROCKETS THAT NOW ENCASE THESE GUNS. GUNS THAT ARE PAINTED UP

TO LOOK LIKE THE NINTENDO TOY GUNS THAT YOU USE IN VIDEO GAMES. AND

THAT'S WHAT THIS LEGISLATION GOES TO BECAUSE THOSE GUNS I WOULD

CHARACTERIZE AS FIRST STRIKE WEAPONS ON OUR STREETS. THEY ARE

INTENTIONALLY MADE TO LOOK LIKE TOYS WITH THE IDEA THAT IF FACED IN A

DANGEROUS CONFRONTATION WITH LAW ENFORCEMENT, THEN THE COP ON THE

STREET IS GOING TO HESITATE NOT WANTING TO TAKE A SHOT, AND NOT WANTING

TO RISK THE FACT THAT IT'S A TOY AND THEN PUT HIM OR HERSELF IN AN

INHERENTLY DANGEROUS SITUATION.

MR. GOODELL: I -- I APPRECIATE THAT LONG ANSWER,

BUT MY QUESTION WAS REALLY VERY SPECIFIC. RATHER THAN A HALF A DOZEN

ARTICLES FROM AROUND THE ENTIRE NATION GIVING EXAMPLES, DO WE HAVE ANY

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DATA IN NEW YORK STATE ON HOW MANY CRIME GUNS HAVE BEEN RECOVERED

THAT LOOK LIKE TOYS?

MR. STERN: I AM NOT AWARE OF THAT.

MR. GOODELL: I SEE. AND -- AND I DIDN'T SEE

ANYTHING IN THE ATTORNEY GENERAL'S REPORT, BY THE WAY, BUT I -- TO BE

HONEST WITH YOU, I -- I DIDN'T READ IT REALLY CAREFULLY, I JUST LOOKED AT THE

HIGHLIGHTS.

MR. STERN: I'M NOT AWARE OF THOSE NUMBERS, BUT I

AM AWARE OF THE CONVERSATIONS I'VE HAD WITH LOCAL LAW ENFORCEMENT

AND -- AND NEW YORK STATE PBA THAT ARE VERY CONCERNED ABOUT THIS

ISSUE.

MR. GOODELL: AND JUST SO I UNDERSTAND, WE'RE NOT

BANNING TOYS THAT LOOK LIKE GUNS, WHICH WE ALL AGREE WOULD BE

CONSTITUTIONAL, WE DON'T HAVE ANY DATA THAT ANY GUNS THAT LOOKED LIKE

TOYS WERE ACTUALLY INVOLVED IN CRIMES, ALTHOUGH THERE ARE ANECDOTAL

STORIES FROM ACROSS THE NATION, OF COURSE. AM I RIGHT WHEN I READ THIS

BILL THAT MY SECOND AMENDMENT RIGHTS WOULD DEPEND ON WHETHER OR

NOT I SPRAY PAINT MY GUN A DIFFERENT COLOR?

MR. STERN: I SUPPOSE I WOULD ANSWER IT WITH --

WITH A QUESTION AND I GUESS THE QUESTION IS WHETHER OR NOT REASONABLE

REGULATION TO ENSURE THE SAFETY OF OUR PUBLIC AND OUR LAW ENFORCEMENT

THAT'S CONCERNED ABOUT THIS POTENTIALLY DANGEROUS ISSUE BY DEFINITION

IMPEDES ON ONE'S SECOND AMENDMENT RIGHTS. HERE, THIS LEGISLATION

DOESN'T GO TO ANYONE'S RIGHT TO BEAR ARMS IN ANY WAY. IT IS A REASONABLE

REGULATION ON WHAT THAT ARM -- WHAT THAT FIREARM APPEARS LIKE SO THAT IN

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A CONFRONTATION WITH LAW ENFORCEMENT, OUR COPS ARE NOT PUT AT A

DANGEROUS DISADVANTAGE.

MR. GOODELL: THANK YOU, MR. STERN. I APPRECIATE

YOUR COMMENTS.

ON THE BILL, SIR -- MA'AM.

ACTING SPEAKER HUNTER: ON THE BILL.

MR. GOODELL: THANK YOU, MADAM SPEAKER. AS I

MENTIONED, THE NEW YORK STATE ATTORNEY GENERAL DID A COMPREHENSIVE

STUDY OF GUNS RECOVERED AT CRIME SCENES, AND THEY FOUND THAT 52,915

GUNS WERE RECOVERED AT CRIME SCENES OVER A FIVE YEAR PERIOD FROM 2010

TO '15. OF THAT, 86 PERCENT OF THEM ORIGINATED OUTSIDE OF NEW YORK

STATE. ONLY 6 PERCENT, BY THE WAY, WERE ACTUALLY PURCHASED BY THE

PERSON THAT HAD THE GUN. NONE OF THEM WERE IDENTIFIED AS APPEARING TO

BE TOYS.

NOT EVERYONE AGREES WITH THE SECOND AMENDMENT TO

THE UNITED STATES CONSTITUTION THAT GIVES US THE RIGHT TO BEAR ARMS.

CURRENTLY, THE SUPREME COURT AGREES WITH THAT. AND THIS BILL TAKES A

UNIQUE APPROACH AND SAYS IF I SPRAY PAINT A GUN, I LOSE MY SECOND

AMENDMENT RIGHTS. NOW, THINK ABOUT THAT. DID OUR FRAMERS OF OUR

CONSTITUTION SAY YOU HAVE A RIGHT TO BEAR ARMS UNLESS YOUR GUN IS A

DIFFERENT COLOR? NOW, WE CAN CERTAINLY PASS LEGISLATION TO MAKE IT

CLEAR THAT TOY GUNS CANNOT LOOK LIKE REAL GUNS, RIGHT? WE CAN DO THAT.

WE COULD PROBABLY EVEN BAN TOY GUNS. BUT WHAT WE CAN'T DO IS SAY

YOUR CONSTITUTIONAL RIGHTS DEPEND ON THE COLOR OF YOUR GUN, AND THAT'S

WHAT THIS BILL DOES. AND, THEREFORE, I CANNOT SUPPORT IT. THANK YOU,

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MADAM SPEAKER. AND AGAIN, THANK YOU TO MY COLLEAGUE FOR -- FOR YOUR

ANSWERS.

ACTING SPEAKER HUNTER: MS. BYRNES.

MS. BYRNES: THANK YOU, MADAM SPEAKER. WOULD

THE SPONSOR YIELD, PLEASE?

ACTING SPEAKER HUNTER: WILL THE SPONSOR

YIELD?

MR. STERN: SURE.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

MS. BYRNES: THANK YOU KINDLY, SIR. I JUST WANT TO

GO BACK BECAUSE I THOUGHT I UNDERSTOOD THE -- AN ARGUMENT AND THEN I

WAS CONFUSED BY SOME OF THE RESPONSES TO QUESTIONS. GOING BACK TO

THE CONCEPT OF ALTERATION, BECAUSE YOU HAD INDICATED ONE OF THE PRIMARY

ELEMENTS OF IT BECOMING A "TOY," QUOTE/UNQUOTE, OR LOOKING LIKE A TOY IS

THAT IT HAD TO HAVE BEEN ALTERED. BUT, YET, THEN THERE WAS DISCUSSION

THAT COMING FROM A MANUFACTURER THAT MIGHT BE CONSIDERED ALTERED. I

WOULD THINK THAT ALTERED WOULD BE A POST-MANUFACTURING CHANGE LIKE

WAS TALKED ABOUT; MAYBE YOU SPRAY PAINT A GUN YOURSELF TO BE A COLOR.

BUT MY QUESTION IS WHEN A GUN COMES FROM A MANUFACTURER IN A

SPECIFIC PRE-DESIGNED, PRE-TESTED, PRE-APPROVED COLOR, IS THAT AN

ALTERATION? I -- I DON'T UNDERSTAND THE CONCEPT OF IT BEING ALTERED WHEN

THAT'S HOW IT WAS MADE TO BEGIN WITH AND DESIGNED.

MR. STERN: THIS LEGISLATION GOES TO NOT JUST

POSSESSION BUT -- BUT DESIGN AND MANUFACTURE. WHEN I REFER TO

ALTERATION, WHAT I'M SAYING HERE IS A COLOR THAT IS DIFFERENT THAN WHAT IS

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TRADITIONALLY UTILIZED TO MAKE A GUN. AND WE ALL KNOW WHAT -- WHAT

THAT MEANS. AND SO THIS GOES TO, IF YOU USE THE TERM ALTERATION, TAKING

WHAT HAD BEEN MANUFACTURED AS A FIREARM AND COLORING IT, DESIGNING IT,

ALTERING IT IN SOME WAY TO LOOK LIKE A TOY. BUT TO BE CLEAR, IF YOU WERE

GOING TO CREATE A FIREARM FROM SCRATCH AND THE ORIGINAL DESIGN THAT YOU

CREATE IS IN A COLOR OR DESIGN THAT BY DEFINITION IS GOING TO MAKE IT LOOK

LIKE A TOY GUN, THEN THAT WOULD BE COVERED UNDER THIS BILL.

MS. BYRNES: THERE'S AN ASIDE ON THAT, SIR. YOU DO

INDICATE THAT CAMOUFLAGE OR I BELIEVE THAT CAMOUFLAGE PATTERNS ON

HUNTING RIFLES OR SHOTGUNS IS NOT A VIOLATION OF THE PROVISION. WHAT

ABOUT CAMOUFLAGE PATTERNS ON HANDGUNS? THEY'RE ALSO PREVALENT ON

HANDGUNS AS WELL. WOULD THAT ALSO BE A EXCEPTION TO THIS RULE?

MR. STERN: YES. THE -- THE IDEA ON THE

CAMOUFLAGE WAS TO PROTECT OUR HUNTING COMMUNITY. AND SO -- SO WHAT

IT -- IT DISCUSSES CAMOUFLAGE, YES, BUT -- BUT THAT GOES TO A SPECIFIC

UTILIZATION BY OUR -- BY OUR FRIENDS THAT -- THAT ARE HUNTERS. IN YOUR

EXAMPLE, IF IT IS SIMPLY A HANDGUN THAT IS CAMOUFLAGED BUT NOT UTILIZED

FOR HUNTING, THEN THAT WOULD NOT HAVE THE SAME EXEMPTION.

MS. BYRNES: ALL RIGHT. IF THE CAMO ON THE GUNS --

RIFLES OR SHOTGUNS IS PINK, BECAUSE WE DO HAVE PINK CAMO AND IT'S VERY

POPULAR AMONG WOMEN HUNTERS AND WILL THAT -- THE CAMO, DOES IT ONLY

HAVE TO BE GREEN OR BROWN OR BEIGE IN TRADITIONAL OR -- I MEAN, LIKE AT

THIS POINT EVERY -- ALMOST ALL THE LADIES I KNOW WEAR PINK CAMO. I

MEAN, THAT IS A FASHION STATEMENT. IT'S A STYLE.

MR. STERN: SO I'M SORRY TO MY COLLEAGUE BUT -- I --

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I UNDERSTAND THE POINT, BUT I -- I DON'T KNOW IF I HEARD THE QUESTION.

MS. BYRNES: WELL, WHEN IT COMES TO YOU ALLOW

CAMO ON HUNTING RIFLES AND SHOTGUNS, DOES THAT ALSO INCLUDE PINK

CAMO?

MR. STERN: I -- I -- LOOK, THE -- THE BILL DOESN'T GO

TO SPECIFIC COLOR ARRANGEMENT, BUT -- AND -- BUT I'M GOING TO TAKE A

GUESS THAT PINK CAMO IS PROBABLY NOT THE BEST TO -- TO USE ON A SHOTGUN

OR A RIFLE FOR HUNTING PURPOSES, YOU KNOW, OUT -- OUT IN THE FOREST. BUT

THE -- THE BILL DOES NOT GO TO SPECIFIC COLOR. AGAIN, THE INTENT HERE --

MS. BYRNES: ALL RIGHT, BUT YOU TALK --

MR. STERN: AGAIN, THE INTENT HERE --

MS. BYRNES: TALK ABOUT COLORS --

MR. STERN: THE INTENT HERE -- THE INTENT IS TO MAKE

-- IF IT IS THE INTENT IS THAT THE -- THE INTENT TO MAKE IT LOOK LIKE A TOY.

AND SO THIS IS A FACTS AND CIRCUMSTANCES CONSIDERATION.

MS. BYRNES: THERE ARE MANY WOMEN THAT SHOOT

BOTH HUNTING SHOTGUNS, HANDGUNS, WHERE THIS ISN'T TO MAKE IT LOOK LIKE

A TOY. IT IS A STYLISTIC, FOR WHATEVER REASON, IT'S NOT -- PINK IS NOT MY

COLOR, BUT IT IS A VERY STYLISTIC THING ON THE PART OF WOMEN WHO MAKE UP

ALMOST 50 PERCENT OF THE SHOOTERS AND HANDGUN PURCHASERS. AND SO

WHILE COLOR IS IRRELEVANT ON A SHOTGUN, BUT PINK CAMO -- BUT IF PINK

CAMO ON A COLOR BECOMES RELEVANT WHEN IT'S ON A HANDGUN, DON'T YOU

THINK THAT THAT'S A -- AN INCONSISTENCY, SIR, THAT IS PROBLEMATIC TO A

WHOLE SEGMENT OF OUR SOCIETY WHO JUST PREFERS THINGS TO BE IN ONE

COLOR RATHER THAN ANOTHER? I MEAN, HOW ARE YOU TO DICTATE WHAT'S THE

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RIGHT COLOR THAT A GIRL SHOULD WEAR WITH HER GUN?

MR. STERN: I AM NOT, AND THAT'S WHY THIS IS A FACTS

AND CIRCUMSTANCES AND INTENT-BASED TEST. THE QUESTION IS -- IS THE

FIREARM MANUFACTURED, DESIGNED, OR ALTERED IN A WAY TO PRESENT AS A TOY

GUN WITH THE IDEA THAT OUT ON OUR STREETS WHETHER THEY ARE AVAILABLE TO

YOUNG CHILDREN TO PICK UP BECAUSE IT IS ATTRACTIVE TO THEM, OR TO BE USED

AS AN OFFENSIVE FIRST STRIKE WEAPON IN A CONFRONTATION WITH OUR LAW

ENFORCEMENT, WHERE EVERY SECOND COUNTS IN MAKING A SPLIT-SECOND

DECISION WHICH CAN RESULT IN LIFE OR DEATH IN A MOMENT. THAT IS WHAT

THIS LEGISLATION GOES TO. NOBODY IS PICKING A COLOR. NOBODY IS

INTENDING TO -- TO DECIDE WHAT IS AN APPROPRIATE COLOR OR NOT. THE IDEA

HERE IS THAT A FIREARM THAT IS INTENTIONALLY DESIGNED OR ALTERED TO LOOK

LIKE A TOY IS AN INHERENTLY DANGEROUS FIREARM TO HAVE OUT ON OUR STREETS.

MS. BYRNES: AND SINCE THEY CAN BE DIFFERENT

COLORS RIGHT NOW MANUFACTURED, ISN'T THAT VERY ARBITRARY AND CAPRICIOUS

IN ORDER TO EVEN TRY TO INDICATE THAT COLORS CAN MAKE A DIFFERENCE WHEN

YOU'RE NOT EVEN DEFINING WHAT THE COLOR IS, LEAVING IT TOTALLY UP TO THE

COURTS SO THAT SOMEBODY WOULD HAVE TO BE ARRESTED AND THEN HAVE TO

DEFEND THEMSELVES IN A COURT OF LAW BEFORE THIS COULD BE DEFINED. THAT

DOES SEEM VERY ARBITRARY, SIR.

MR. STERN: I DON'T KNOW IF I WOULD SUGGEST THAT,

THAT IT'S ARBITRARY FOR OUR POLICY TO BE THAT A GUN -- A REAL FIREARM SHOULD

LOOK LIKE A REAL FIREARM.

MS. BYRNES: HAVE YOU SEEN A PINK GUN, OR A BLUE

ONE OR OTHER COLORS?

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MR. STERN: I HAVE.

MS. BYRNES: THEY LOOK LIKE --

MR. STERN: I'VE SEEN THEM -- I'VE SEEN THEM MANY

TIMES AND I CAN ALSO TELL YOU THAT WHETHER THEY ARE A DIFFERENT COLOR,

THEY ARE A DIFFERENT PATTERN, WHETHER THEY ARE PACKAGED IN PLASTIC,

WHETHER THEY ARE MADE TO LOOK LIKE CHILDREN'S TOYS, IT IS A REAL CONCERN,

PARTICULARLY ON THE PART OF OUR LAW ENFORCEMENT THAT THEY NOT BE PUT IN A

DISADVANTAGE, THAT THEY NOT BE PLACED IN AN INHERENTLY DANGEROUS

SITUATION, TO HAVE TO MAKE A SPLIT-SECOND DECISION AND DECIDE WHETHER

OR NOT THEY'RE TAKING A SHOT AT SOMEONE WHO IS JUST WIELDING AROUND A

TOY, OR A REAL FIREARM AND ALLOWING THEM TO GET THE FIRST SHOT OF THEM.

MS. BYRNES: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER HUNTER: ON THE BILL, MA'AM.

MS. BYRNES: I ABSOLUTELY UNDERSTAND WHERE THE

SPONSOR IS COMING FROM. I'M VERY DEVOTED TO OUR LAW ENFORCEMENT. I

SHARE CONCERNS ABOUT TRYING TO KEEP THEM AND ANYBODY ELSE, ANY

LAW-ABIDING CITIZENS AS SAFE AS HUMANLY POSSIBLE THROUGHOUT THIS STATE

AND OUR ENTIRE COUNTRY. BUT I DO BELIEVE THIS BILL IS TOO -- IS JUST -- IT'S

VAGUE. YOU ARE POTENTIALLY TAKING FIREARMS, LEGALLY MANUFACTURED,

LEGALLY SOLD, THAT LOOK LIKE FIREARMS, THAT ARE KNOWN TO BE FIREARMS AND

POTENTIALLY ARBITRARILY MAKING THEM INTO AND SOUND LIKE SOMETHING THAT

IS -- IS AND SHOULD BE ILLEGAL. I JUST AM A LITTLE BIT OFFENDED THAT THIS

COULD POTENTIALLY BE INTERPRETED IN A WAY THAT WOULD HINDER LEGAL AND

VALID LADIES OR GUYS WHO CHOOSE FOR WHATEVER STYLISTIC OR PREFERENCE

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REASONS TO HAVE AND OWN A GUN OTHER THAN STRICT GUNMETAL GRAY OR

BLACK. I THINK THAT WE'VE LIVED IN A WORLD RIGHT NOW WHERE WE ALWAYS

TALK ABOUT DIVERSITY, THE IMPORTANCE OF DIVERSITY AND THE IMPORTANCES OF

HAVING ALL DIFFERENT ASPECTS OF OUR LIVES IN EVERY WAY CELEBRATED AND

CARED ABOUT. WELL, THE FACT THAT THE GUN COMMUNITY MAY HAVE OTHER

PREFERENCES FOR WHAT THEIR FIREARMS SHOULD LOOK LIKE THAT DON'T LOOK LIKE

TOYS, I THINK THAT THAT'S VERY HARMFUL TO THE SECOND AMENDMENT RIGHTS

AND I WILL BE OPPOSING THIS LEGISLATION. THANK YOU VERY MUCH, AND I DO

THANK THE SPONSOR. I UNDERSTAND AND AGREE WITH THE INTENT, I JUST THINK

IT'S TOO VAGUE. THANK YOU, SIR [SIC].

ACTING SPEAKER HUNTER: THANK YOU.

MR. ANGELINO.

MR. ANGELINO: THANK YOU, MADAM SPEAKER.

WILL THE SPONSOR YIELD?

ACTING SPEAKER HUNTER: WILL THE SPONSOR

YIELD?

MR. STERN: YES, SIR.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

MR. ANGELINO: THANK YOU, SIR. I'VE HAD MY LIGHT

ON AND OFF AND EVERY TIME I'M LISTENING TO THE CONVERSATION, MY

QUESTION GETS ANSWERED BUT THEN A NEW ONE COMES UP. EARLIER YOU SAID

THEY SHOULD LOOK LIKE A TRADITIONAL FIREARM COLOR. WHAT'S A TRADITIONAL

FIREARM COLOR TO YOU?

MR. STERN: I CAN TELL YOU, I DON'T NECESSARILY

BELIEVE THAT IT MATTERS WHAT IS TRADITIONAL TO ME, BUT I WILL SHARE WITH

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YOU IN MY CONVERSATIONS WITH LOCAL LAW ENFORCEMENT AND THOSE

PROFESSIONALS AT THE STATE LEVEL, THEY WILL SAY WHAT COMES TO MIND IS

PROBABLY WHAT COMES TO MIND FOR MOST OF US, WHETHER IT'S BLACK OR

METALLIC, ET CETERA, I'M SURE THAT WE ALL HAVE AN IDEA AS TO WHAT

TRADITIONAL FIREARM IS PROBABLY MANUFACTURED ORIGINALLY TO LOOK LIKE.

MR. ANGELINO: THE -- AND THE REASON I ASK IS WE

THINK OF GUNMETAL GRAY, BLACK, BUT THE FIRST HANDGUN I EVER PURCHASED

WAS NICKEL, WHICH LOOKS LIKE CHROME BUT DON'T CALL IT CHROME, IT WAS

NICKEL. BUT IT WAS VERY SHINY AND GLOSSY AND THAT WAS MANUFACTURED BY

COLT IN 1960. HAVE YOU EVER SEEN A TAN COLORED HANDGUN?

MR. STERN: I HAVE.

MR. ANGELINO: YEAH, THOSE ARE VERY POPULAR,

AFTER DESERT STORM AND OUR INCURSIONS IN THE MID EAST.

MR. STERN: YES.

MR. ANGELINO: THOSE TURN OUT TO BE A VERY

POPULAR COLOR, THEY WERE -- THEY CAMOUFLAGE. SO THERE'S TAN. AND ONE

OF THE MORE POPULAR TRADITIONAL HANDGUN COLORS IS KNOWN AS BLUE AND

I'M SORRY TO THE STENOGRAPHER, I'LL USE THE QUOTE MARKS "BLUE" BECAUSE

IT'S THAT GRAYISH BLUE COLOR, SO THAT'S A TRADITIONAL COLOR, BUT YOU CAN

ALSO BUY BLUE, PINK, WE'VE HEARD ABOUT THAT. SO IN YOUR -- IN THE

WORDING IT SAYS, ALTERING OR CONCEALING THE ORIGINAL COLOR. SO THAT

MEANS THOSE PINKS AND LIME GREEN, THOSE ARE GOING TO BE ILLEGAL?

MR. STERN: YOU'D HAVE TO -- YOU'D HAVE TO READ --

FIRST OF ALL, READ THE LEGISLATION IN ITS TOTALITY, OKAY. AND SO IT STARTS OFF

BY SAYING WITH THE INTENT TO MAKE IT LOOK LIKE A TOY.

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MR. ANGELINO: OKAY.

MR. STERN: SO TO GO TO YOUR QUESTION WHETHER WE

TALK ABOUT TAN OR BLUE OR PINK OR ANY OTHER, AND THE LEGISLATION DOESN'T

GO TO ANY PARTICULAR COLOR OR LACK THEREOF. IT IS A FACTS AND

CIRCUMSTANCES BASED TEST WITH THE INTENT TO MAKE IT LOOK LIKE A TOY.

MR. ANGELINO: OKAY. SO EXISTING GUNS OUT THERE

THAT SOMEBODY HAD ALREADY PURCHASED, THE LADY GLOCK THAT IS PINK, NOT

MY CUP OF TEA, BUT THEY'RE OUT THERE, THAT'S NOT INTENDED TO BE DISGUISED.

I'M AWARE THAT PINK HANDGUNS EXIST, SO THAT'S NOT A PROBLEM?

MR. STERN: I'M NOT GOING TO SAY YES OR NO.

MR. ANGELINO: OKAY.

MR. STERN: I THINK, AGAIN, I WOULD GO BACK TO MY

-- MY-- MY STATEMENT EARLIER WHICH IS IT'S GOING TO BE BASED ON FACTS

AND CIRCUMSTANCES AND WHETHER THE INTENT WAS TO MAKE THE FIREARM

LOOK LIKE A TOY GUN.

MR. ANGELINO: THANK YOU, SIR.

MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER HUNTER: ON THE BILL, SIR.

MR. ANGELINO: MA'AM, I -- I WANT THE OFFICERS TO

BE AS SAFE AS POSSIBLE AND I TOTALLY GET THE HESITATION AND I THINK THE

INTENT OF THIS A FEW YEARS AGO WAS A DISGUISED HANDGUN AND THAT WAS

FINE. THAT WAS BACK WHEN THE FEDERAL LAW SAID ANY TOY GUN HAS TO

HAVE AN ORANGE TIP. AND I HAVE ENCOUNTERED GUNS ON THE STREET THAT

WERE REAL AND HAD THE MUZZLE PAINTED ORANGE, AND THAT IS DEFINITELY

DISGUISED TO LOOK LIKE A TOY AND TO GIVE THAT OFFICER HESITATION. AND IT

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WAS TERRIFYING TO SEE THAT HANDGUN AND REALIZE THAT THE OFFICER GOT IT

BEFORE IT WAS IN ANYBODY'S HANDS BECAUSE IT WOULD HAVE BEEN TRAGIC FOR

BOTH SIDES.

BUT I'M JUST CONCERNED THAT WE ENACT THIS AND WE TELL

LAW ENFORCEMENT OFFICERS ALL OVER THE STATE THAT NOW WE HAVE A CRIME

OF CONCEALING A FIREARM AND IT'S GOING TO CAUSE THEM TO HESITATE FURTHER.

THEY'RE GOING TO BE LOOKING AT AND SPENDING TIME IN THEIR BRAIN, EVEN IF

IT'S ONLY, YOU KNOW, A NANOSECOND OF HESITATION. WHILE THERE'S A LAW

AGAINST THAT, SO THAT'S GOT TO BE A TOY DISGUISED, OR IT HAS TO BE A REAL

GUN DISGUISED AS A TOY OR A -- THERE'S JUST CONFUSION OUT THERE. I -- I GET

IT, BUT WHEN THE SPONSOR WAS ASK -- ANSWERING QUESTIONS, THERE IS NO

SPECIFIC COLOR. IT'S LEFT UP TO CHARGES TO BE -- CHARGES TO BE BROUGHT AND

A JUDGE TO DECIDE. AND, YOU KNOW, IT'S THE SITUATION, IT'S THE TOTALITY,

AND IF I WERE EXPLAINING MY VOTE I'D PROBABLY VOTE YES ON THIS ONLY

BECAUSE I -- THE INTENT IS TO HELP LAW ENFORCEMENT, BUT I THINK IT'S -- IT'S

A LITTLE MORE CONFUSING AND I'M NOT EXACTLY SURE WHAT I'M GOING TO DO.

HOPEFULLY THERE'S MORE DEBATE SO I CAN LISTEN.

THANK YOU, MADAM SPEAKER.

ACTING SPEAKER HUNTER: THANK YOU.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MADAM SPEAKER.

COULD I ASK THE SPONSOR FOR YIELD FOR A COUPLE QUESTIONS?

ACTING SPEAKER HUNTER: WILL THE SPONSOR

YIELD?

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MR. STERN: YES, OF COURSE.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

MR. MANKTELOW: THANK YOU, MR. STERN. JUST A

QUESTION. A LOT OF OUR MUSEUMS AROUND THE STATE -- I'M SORRY. A LOT OF

OUR MUSEUMS AROUND THE STATE, THEY HAVE REPLICAS, REPLICA GUNS. HOW

DOES THIS FALL -- FALL TO THEM?

MR. STERN: I'M SORRY, I DIDN'T HEAR THE BEGINNING.

MR. MANKTELOW: REPLICA GUNS. AROUND THE

STATE, WE HAVE MANY MUSEUMS AND WE USE REPLICA GUNS, FIREARMS IN

DIFFERENT WAYS. HOW IS THIS GOING TO PLAY INTO THIS?

MR. STERN: IF IT'S A REPLICA GUN, THEN I'M ASSUMING

THAT BY DEFINITION IT'S NOT A REAL GUN, AND THIS LEGISLATION ONLY GOES TO --

TO ACTUAL REAL FIREARMS THAT ARE MADE TO LOOK LIKE TOY GUNS.

MR. MANKTELOW: OKAY. SO JUST -- I JUST WANTED

CLARIFICATION. SO A REPLICA GUN THAT REALLY LOOKS LIKE A REAL FIREARM,

THAT'S OKAY?

MR. STERN: THAT'S NOT COVERED UNDER THIS BILL.

MR. MANKTELOW: ALL RIGHT. THANK YOU, SIR.

MR. STERN: YUP.

MR. MANKTELOW: THANK YOU, MADAM SPEAKER.

ACTING SPEAKER HUNTER: MR. SMULLEN.

MR. SMULLEN: THANK YOU, MADAM SPEAKER.

WOULD THE GENTLEMAN FROM THE 10TH ASSEMBLY DISTRICT FROM SUFFOLK

COUNTY YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER HUNTER: WILL THE SPONSOR

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YIELD?

MR. STERN: I WILL.

MR. SMULLEN: THANK YOU VERY MUCH. A LOT OF THE

DEBATE HERE HAS BROUGHT UP SOME -- SOME FAIRLY SPECIFIC QUESTIONS THAT

I'VE GOT HAVING TO DO WITH THE ACTUAL LANGUAGE IN THE BILL. AS SOME OF

MY COLLEAGUES POINT OUT, IT'S NOT THE INTENT BEHIND THE LEGISLATION, IT'S

ACTUALLY THE LANGUAGE WHICH THEN GETS IMPLEMENTED. AND I DID NOTICE

IN THE -- IN THE BILL THAT YOU SPECIFICALLY CALL OUT RIFLES, PISTOLS, SHOTGUNS

AND MACHINE GUNS; WHY DID YOU DO THAT? PURSUANT TO OUR PREVIOUS

DEBATE, THE QUESTION UNDER FEDERAL LAW, ARE THEY FIREARMS THAT YOU'RE

TRYING TO LEGISLATE HERE, YOU'RE TRYING TO LEGISLATE TOY FIREARMS.

MR. STERN: WE ARE -- THIS BILL GOES TO REAL FIREARMS

THAT ARE DISGUISED TO LOOK LIKE TOYS.

MR. SMULLEN: OKAY. SO FOR INSTANCE, AND WE'RE

TALKING ABOUT LANGUAGE HERE, YOU SPECIFICALLY SAY MACHINE GUNS. DON'T

YOU HAVE TO HAVE A FEDERAL FIREARMS LICENSE TO OWN A MACHINE GUN?

MR. STERN: I MEAN BY DEFINITION, MACHINE GUNS ARE

-- ARE -- ARE PROHIBITED.

MR. SMULLEN: FOR A CERTAIN CLASS OF OWNERSHIP

THAT IS SPECIFICALLY VETTED AND HAS BACKGROUND DONE FOR THAT PARTICULAR

THING, BECAUSE THEY'RE -- A LOT OF THEM ARE HISTORICAL FIREARMS. SO WE

WERE TALKING A BIT EARLIER ABOUT THE DIFFERENCE IN THE VARIOUS

CAMOUFLAGE COLORS AND WHATNOT. DO YOU KNOW WHY BLAZE ORANGE IS

USED BY HUNTERS IN THE WOODS?

MR. STERN: I'M SORRY, THE --

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MR. SMULLEN: DO YOU KNOW WHY BLAZE ORANGE IS

USED BY HUNTERS IN THE WOODS? SO OTHER HUNTERS CAN SEE THEM, BUT THE

ANIMALS CANNOT --

MR. STERN: OF COURSE.

MR. SMULLEN: -- BECAUSE OF COLOR BLINDNESS.

MR. STERN: YES.

MR. SMULLEN: IT'S ACTUALLY -- IT'S -- PEOPLE,

HUNTERS WITH BLAZE ORANGE STICK OUT IN THE WOODS. THE SAME THING

WHY PINK CAMOUFLAGE IS PERFECTLY ACCEPTABLE IN HUNTING APPLICATIONS.

YOU KNOW, A PINK CAMOUFLAGE PATTERN, THE DEER CAN'T SEE IT BUT OTHER

PEOPLE CAN SEE IT BECAUSE IT STICKS OUT FROM THE -- THE NATURAL COLORS OF

THE FOREST.

MR. STERN: YES.

MR. SMULLEN: AND I DID NOTICE THAT YOU, IN THE

BILL, AND THIS IS A GOOD PART OF THE BILL, THAT IT SAYS HUNTING CAMOUFLAGE

IS SPECIFICALLY CARVED OUT IN THIS. SO IF YOU HAVE -- IF YOU'RE A TURKEY

HUNTER AND YOU HAVE YOUR -- YOUR WEAPON THAT'S A -- SHOTGUN HAS

DIFFERENT PATTERNS ON IT, THAT'S PERFECTLY LEGAL UNDER THIS BILL, IS THAT

CORRECT?

MR. STERN: THAT IS CORRECT.

MR. SMULLEN: OKAY. I DO APPRECIATE THAT. SO ONE

OF THE THINGS THAT'S MENTIONED IS ARTICLE 11 UNDER THE ENVIRONMENTAL

CONSERVATION LAW IN YOUR BILL. DOES -- DOES THIS BILL, IS THERE GOING TO

BE FURTHER LEGISLATION THAT'S ACTUALLY GOING TO ALTER ARTICLE 11 OF THE

ENVIRONMENTAL CONSERVATION LAW HAVING TO DO WITH CAMOUFLAGE?

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MR. STERN: NO, NO.

MR. SMULLEN: SO THIS IS -- THIS IS SPECIFICALLY TOY

GUNS FOR YOU'RE COUCHING IT, MY WORDS, BUT TOWARDS POLICE APPLICATIONS

ON THE STREET OF ESCALATION OF FORCE SITUATIONS WHERE THE -- THE POLICE

OFFICER HAS TO MAKE A SPLIT-SECOND DECISION AT WHAT LEVEL OF FORCE TO USE

IN A -- IN A, YOU KNOW, SOME SORT OF TIME COMPRESSED SITUATION.

MR. STERN: THAT IS CORRECT. AND WHILE THE --

CERTAINLY THE ATTEMPT TO MAKE THAT CLEAR IS HERE IN THE STATUTE, I

APPRECIATE YOUR CLARIFICATION ON THE FLOOR HERE BECAUSE THAT IS CERTAINLY

THE INTENT.

MR. SMULLEN: I'M SORRY, I COULDN'T HEAR YOU. I

HAVE TROUBLE HEARING.

MR. STERN: I'M AGREEING WITH YOU.

MR. SMULLEN: THANK YOU. NOW THE APPLICATION

OF THIS LAW, THIS WILL BE ACROSS NEW YORK STATE IF -- IF WE PASS IT AND

IT'S SIGNED BY THE GOVERNOR, IS THAT CORRECT?

MR. STERN: THAT IS CORRECT.

MR. SMULLEN: ISN'T THIS ALREADY THE LAW IN NEW

YORK CITY? IS THIS NOT ALREADY THE LAW IN NEW YORK CITY?

MR. STERN: THE INTENT HERE IS TO HAVE STATEWIDE

APPLICABILITY.

MR. SMULLEN: SO IF WE'RE LOOKING AT THE -- THE

AMOUNT OF POPULATION IN NEW YORK STATE, SOME, SAY, 20 MILLION

PEOPLE, IN NEW YORK CITY WHERE THE BULK OF THESE SITUATIONS WOULD

OCCUR, ARE ALREADY COVERED UNDER NEW YORK CITY LAW.

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MR. STERN: I DON'T KNOW IF I WOULD MAKE THE

ASSUMPTION THAT THIS IS WHERE THE BULK OF EITHER THESE CASES HAVE

OCCURRED OR WILL OCCUR IN THE FUTURE, BUT CERTAINLY THE GOAL HERE IS TO

HAVE STATEWIDE APPLICABILITY.

MR. SMULLEN: AND WHY DO WE NEED STATEWIDE

APPLICATION FOR THAT IF THE BULK OF THE SITUATIONS WHERE IT'S ALREADY

HAPPENING IN THE CITY, IT'S ALREADY THE LAW, WHY DO WE NEED IT IN

HAMILTON COUNTY, NEW YORK?

MR. STERN: WELL, LOOK. IF IT WAS -- IF IT WAS ONLY A

CITY ISSUE, I PROBABLY WOULD HAVE ONLY HEARD FROM NYPD. IF IT WAS

ONLY A LONG ISLAND ISSUE, I MIGHT HAVE ONLY HEARD FROM MY FRIENDS IN

THE NASSAU OR SUFFOLK COUNTY POLICE DEPARTMENTS. THE FACT IS I HAVE

HEARD FROM LAW ENFORCEMENT FROM ALL OVER THE STATE. AS I HAD

MENTIONED EARLIER, NEW YORK STATE PBA HAS NOT ONLY WEIGHED IN ON

THIS ISSUE, WAS NOT ONLY VERY HELPFUL IN UNDERSTANDING THIS ISSUE AND

DEVELOPING THIS AS AN INITIATIVE, BUT ALSO CAME OUT IN WRITTEN SUPPORT OF

THIS INITIATIVE. AND SO I'M GOING TO SAY -- I'M GOING TO SUGGEST,

ANYWAY, THAT THE NEW YORK STATE PBA COMING OUT IN -- IN WRITTEN

SUPPORT OF THIS INITIATIVE BELIEVES THAT THIS IS A STATEWIDE ISSUE.

MR. SMULLEN: IT -- IT -- IT VERY WELL COULD BE. SO

HOW MANY INSTANCES OF THIS HAPPENED IN NEW YORK STATE?

MR. STERN: I DON'T HAVE THOSE STATISTICS.

MR. SMULLEN: SO WITHOUT EVIDENCE, IT'S NONE TO

YOUR KNOWLEDGE.

MR. STERN: I'M GOING TO SUGGEST THAT IF THIS IS AN

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ISSUE THAT IS THAT IMPORTANT, THAT IS DEEMED TO BE THAT URGENT TO OUR LOCAL

LAW ENFORCEMENT, THEN THIS -- THAT THIS IS AN IMPORTANT POLICY INITIATIVE

FOR OUR STATE.

MR. SMULLEN: AND HOW MANY INCIDENTS OF

SWATTING HAVE HAPPENED IN NEW YORK -- YOU KNOW WHAT SWATTING IS,

WHERE SOMEONE GETS THE POLICE TO ENGAGE THEM BECAUSE THEY HAVE A,

YOU KNOW, THEY WANT TO END THEIR OWN LIFE. HOW MANY INCIDENTS OF

SWATTING HAVE HAPPENED IN NEW YORK STATE?

MR. STERN: I DON'T KNOW.

MR. SMULLEN: I DON'T EITHER. I MEAN, THIS IS AN

ESCALATION OF FORCE SCENARIO THAT WE'RE TRYING TO DO THE REVERSE OF

SWATTING BUT WITHOUT ANY -- I CAN'T SEE ANY EVIDENCE THAT IT'S -- THAT IT'S

HAPPENING. HOW MANY INSTANCES OF WHERE SOMETIMES CHILDREN, THEY

HAVE TOY GUNS THAT ARE IN -- THRUST INTO THESE SITUATIONS WHERE THEY'VE

HAD A TOY GUN, AN ACTUAL TOY GUN AND THEN HAVE BEEN -- THE FORCE HAS

BEEN ESCALATED AGAINST THEM WHERE THEY'VE EITHER BEEN SHOT OR KILLED?

MR. STERN: I DON'T HAVE THE STATISTICS, BUT WE KNOW

THAT THAT HAS BEEN A MAJOR PROBLEM NOT JUST LOCALLY IN NEW YORK STATE,

BUT ALL ACROSS THE COUNTRY. WE'RE VERY CONCERNED ABOUT THAT. AND THIS

IS THE INVERSE OF THAT AND, BY THE WAY, IF THE NEXT QUESTION IS, YOU

KNOW, HAS -- HAS THERE BEEN AN INSTANCE OF A CASE WHERE THERE'S BEEN A

REAL GUN DISGUISED AS A TOY THAT'S BEEN AN ATTRACTIVE, YOU KNOW, TO A

YOUNG CHILD, I CAN CITE AN INSTANCE JUST A COUPLE OF BLOCKS FROM OUR

CAPITOL JUST A COUPLE OF MONTHS AGO THAT WAS ALL OVER THE ALBANY PRESS.

THANK GOD NOBODY WAS KILLED, BUT IT HAPPENED JUST A FEW BLOCKS AWAY.

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MR. SMULLEN: CERTAINLY. AND I REALLY APPRECIATE

YOUR ANSWERS.

MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER HUNTER: ON THE BILL, SIR.

MR. SMULLEN: I DO APPRECIATE THE SPONSOR'S INTENT

BEHIND IT AND THE DESIRE OF THE LAW ENFORCEMENT COMMUNITY TO HAVE US

LEGISLATE WHAT SHOULD BE, YOU KNOW, I THINK ALREADY COMMON SENSE AND

IN THE LAW. WHAT I DON'T GET IS THE -- THE ACTUAL LANGUAGE OF THE LAW AND

ITS APPLICATION TO MANY AREAS OF UPSTATE NEW YORK THAT HAVE DIFFERENT

POLICING ARRANGEMENTS THAN SOME OF THE DENSE URBAN AREAS. SO I WOULD

BE GLAD TO WORK WITH THE SPONSOR TO TRY TO IRON OUT THE LANGUAGE, TO

AMEND IT. CERTAINLY I BELIEVE IT WILL PROBABLY PASS HERE AS PART OF THIS

PACKAGE OF GUN CONTROL BILLS, BUT I WOULD BE HAPPY TO WORK WITH THE

SPONSOR TO -- TO IRON OUT ALL OF THE SPECIFICS, INCLUDING THE

ENVIRONMENTAL CONSERVATION LAW, THE ARTICLE 11 APPLICATION SO WE

CAN GET THIS RIGHT FOR THE ENTIRE STATE. SO -- BECAUSE WHAT I SEE HERE IS

WE'RE TAKING A -- WE HAVE A PROBLEM AND WE'RE FLIPPING IT ON THE ENTIRE

STATE WITHOUT REGARD FOR THE CONCERNS OF SOME OF THE VARIOUS

COMMUNITIES IN THOSE PARTS OF THE STATE.

SO FOR THAT REASON, I WON'T BE SUPPORTING THIS BILL BUT

WOULD BE GLAD TO WORK WITH THE SPONSOR TO CORRECT WHAT I SEE ARE THE

DEFICIENCIES. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER HUNTER: THANK YOU.

MR. DIPIETRO.

MR. DIPIETRO: THANK YOU, MADAM SPEAKER.

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WOULD THE SPONSOR YIELD, PLEASE?

ACTING SPEAKER HUNTER: WILL THE SPONSOR

YIELD?

MR. STERN: YES.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

MR. DIPIETRO: THANK YOU, SIR. THE ONE PART I'M

TRYING TO WRAP MY HEAD AROUND IS I UNDERSTAND THE INTENT. WHO -- SO

TWO THINGS: WHO MAKES THE DETERMINATION THAT IT LOOKS LIKE A TOY GUN

IF THERE'S AN INCIDENT?

MR. STERN: I WOULD SUGGEST THAT INITIALLY THAT

DETERMINATION WOULD BE MADE BY LAW ENFORCEMENT, WHETHER IT'S FOUND

TO BE IN SOMEONE'S POSSESSION, WHETHER IT'S BEING USED IN THE

COMMISSION OF -- OF A CRIME. THAT'S GOING TO BE THE -- THE ARRESTING

OFFICER IS GOING TO MAKE THAT INITIAL DETERMINATION.

MR. DIPIETRO: RIGHT, IN THE INCIDENT ITSELF, BUT

THEN IT'LL GO TO THE COURT. WILL THE JUDGE -- THEN THE JUDGE WILL HAVE TO

DECIDE IF THAT WAS SOUND JUDGMENT OR NOT?

MR. STERN: I ASSUME THAT WOULD BE THE CASE.

MR. DIPIETRO: OKAY, BECAUSE -- ALL RIGHT. THEN

NEXT QUESTION. SO THE MAIN POINT I'M SEEING IS TO MAKE SURE YOU DON'T

ALTER A GUN TO MAKE IT LOOK LIKE A TOY, BUT I HAVEN'T HEARD WHAT DOES --

WHAT ARE SOME OF THE THINGS -- WHAT DOES A TOY GUN LOOK LIKE? WHAT

ARE WE TRYING TO STOP EXACTLY THESE REGULAR GUNS TO LOOK LIKE, BECAUSE I

HAVE A TOY PISTOL, A LUGER THAT'S ACTUALLY A CIGARETTE LIGHTER. I'VE GOT A

NUMBER OF THOSE LITTLE, LIKE, THINGS AND THEY LOOK SORT OF REAL, BUT WHAT

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DOES A TOY GUN LOOK LIKE VERSUS A REGULAR ONE, THAT'S MY...

MR. STERN: TO MY COLLEAGUE, IT'S A GOOD QUESTION

AND I -- YOU KNOW, THIS IS ONE OF THOSE INSTANCES WHERE I WISH THAT WE

COULD USE VISUALS IN THE -- IN THE CHAMBER BECAUSE I HAVE PLENTY OF

PICTURES THAT WERE PROVIDED TO ME BY MY LOCAL LAW ENFORCEMENT AND BY

NEW YORK STATE PBA AS TO SOME PRETTY COMPELLING EXAMPLES OF WHAT

IT IS WE'RE TRYING TO GET TO, BUT I'LL TELL YA, YOU COULD GO ONLINE AND YOU

COULD EASILY FIND DOZENS AND DOZENS OF EXAMPLES OF WHAT IT IS WE'RE

TRYING TO GET AT. FOR EXAMPLE, IF YOU ARE FAMILIAR WITH, YOU KNOW, THE

SUPER SOAKER, YOU KNOW, AND SOME OF THE NERF, YOU KNOW, TOY GUNS

THAT SHOOT THE, YOU KNOW, THE FOAM DARTS. THESE ARE THE KINDS OF THINGS

THAT ARE BEING UTILIZED TO DRESS UP AND DISGUISE REAL FIREARMS, SPECIAL

KINDS OF PAINT JOBS THAT MAKE REAL FIREARMS LOOK LIKE THE KIND OF GUNS

YOU USE WHEN YOU'RE PLAYING A NINTENDO VIDEO GAME. THEY -- THEY

ACTUALLY CALL IT THE GLOCKTENDO, WHICH IS ONE OF THESE DISGUISED GUNS

THAT'S MADE TO LOOK LIKE A TOY.

SO -- SO I DON'T HAVE AN EXAMPLE TO BE ABLE TO SHOW

YOU GIVEN OUR RULES, BUT IN THE BACK OF THE ROOM I HAVE PLENTY OF

EXAMPLES AND YOU CAN GO ONLINE AND, AGAIN, THERE WOULD BE DOZENS OF

EXAMPLES OF WHAT IS SUCH A SERIOUS CONCERN TO OUR PUBLIC AND, MOST

IMPORTANTLY, TO OUR LAW ENFORCEMENT.

MR. DIPIETRO: OKAY. NO, I UNDERSTAND THAT AND

I'VE SEEN SOME OF THOSE. THE ONLY ISSUE I HAD WITH THAT AND I'VE SEEN

SOME THAT ACTUALLY ARE BIZARRE LOOKING, BUT A BUNCH OF THEM ACTUALLY

LOOK LIKE REAL -- REAL HANDGUNS THAT YOU CAN GET FROM THE MANUFACTURER

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BECAUSE OF THE NEW TECHNOLOGIES. I HAPPEN TO -- I DON'T KNOW IF YOU'VE

EVER HAD A -- ACTUALLY HAD A CUSTOM FIREARM BUILT. MY DAD WENT FROM

REMINGTON ARMS BEFORE THEY MOVED AND YOU CAN GET THE STOCK IN ANY

COLOR, SAY. SO THE BARREL, YOU CAN -- THERE'S A LOT OF DIFFERENT WAYS YOU

CAN DO IT. WHAT -- IS IT THE TOTAL GUN OR IS IT -- WHAT IS PROBABLY THE

MOST PREVALENT PART THAT IS ACTUALLY ALTERED FROM YOUR EXPERIENCE WITH

PUTTING THE BILL TOGETHER? IS IT THE STOCK, IS IT THE BARREL, IS IT THE -- WHAT

-- WHAT IS IT?

MR. STERN: I -- I -- I'VE SEEN ALL KINDS AND IT REALLY

DEPENDS ON HOW THEY'RE DESIGNED, WHO DESIGNS THEM AND HOW THEY

MIGHT BE ALTERED AFTER THE ACTUAL MANUFACTURER, NOW THEY'RE OUT THERE ON

THE STREETS. BUT AGAIN, THESE -- THESE PHOTOGRAPHS WILL SHOW YOU

LITERALLY ALL OF -- ALL OF THE ABOVE. I DON'T KNOW IF I WOULD NAME ONE

PART OF THE FIREARM THAT'S MORE PREVALENT THAN THE OTHERS, IT DEPENDS ON

WHERE AND HOW AND WHO, BUT WHAT I CAN TELL YOU IS THAT IF YOU SPEND

TIME RESEARCHING THIS ISSUE, IF YOU SPEND TIME SPEAKING WITH OUR LAW

ENFORCEMENT PROFESSIONALS AND THEY SHOW YOU THE EXAMPLES, IT'S REALLY

THE ENTIRE SPECTRUM, BUT I CAN SEE IT BECAUSE THEY LOOK LIKE GUNS,

THEY'RE MADE TO LOOK LIKE GUNS AND THAT'S THE CONCERN IS THAT WITH THE

INTENTION TO MAKE IT LOOK LIKE A TOY, IT BECOMES INHERENTLY DANGEROUS TO

OUR PUBLIC AND, MOST PARTICULARLY, TO OUR LOCAL LAW ENFORCEMENT WHO

ARE IN THAT -- THAT THE POTENTIALLY DANGEROUS CONFRONTATION.

MR. DIPIETRO: OKAY. NO, I APPRECIATE THAT

BECAUSE I HAVE CONCERNS ALSO, BUT I ALSO -- I HAVE SOME RESERVATIONS ON

IT. SO I APPRECIATE YOUR COMMENTS, SIR.

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ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. DIPIETRO: YES. THERE'S A LOT IN THIS BILL, BUT I

THINK A LOT OF IT'S VAGUE. I HAVE HAD GUNS MANUFACTURED, CUSTOMIZED.

YOU CAN GET YOUR STOCK, PER SE, IN ANY COLOR. YOU'D START WITH A

YELLOW, YOU CAN GET A BRIGHT YELLOWISH, OKAY, THAT LOOKS REALLY VIBRANT

YELLOW ALL THE WAY DOWN TO AN ORANGE. THESE ARE -- THESE ARE CUSTOM

MADE RIGHT FROM REMINGTON OR ANY OTHER MANUFACTURER. LIKE THE

BARRELS CAN -- YOU CAN HAVE BLUE, YOU CAN HAVE GOLD, YOU CAN HAVE

SILVER. THERE'S A LOT OF DIFFERENT THINGS THAT CAN MAKE -- YOU CAN HAVE

THIS -- THE CAMO, THE LIME GREEN NOW THAT'S VERY PREVALENT, THE BLAZE

ORANGE IS REALLY SUPER COMMON RIGHT NOW. PINK IS VERY COMMON. MY

WIFE HAS A PINK .22, A RUGER .22; THEY'RE -- THEY'RE VERY COMMON.

NOW, SOME OF THE -- AND SOME OF THE THINGS THAT YOU PUT ON THESE,

MAYBE NOT ON A NORMAL GUN, BUT SAY A THUMBHOLE OR DIFFERENT DEVICES

THAT YOU PUT ON FOR HANDICAPPED INDIVIDUALS. THAT MIGHT -- THOSE

THINGS MIGHT MAKE IT LOOK LIKE A TOY GUN, ESPECIALLY WHEN YOU GET IT

CUSTOM MADE BECAUSE SOME OF THOSE ARE CUSTOM MADE FOR OUR

HANDICAPPED THAT ENJOY THE SPORT OF -- OF SHOOTING. SO THERE'S A LOT TO

IT.

I HAVE A PROBLEM JUST BECAUSE THE ARBITRARY PART OF

WHO MAKES THE DECISION THAT IT LOOKS LIKE A TOY GUN AND THEN THAT GOES

TO THE JUDGE WHERE WE DON'T KNOW WHAT THESE PEOPLE -- I KNOW THERE

ARE SOME THAT LOOK BIZARRE AND I'VE SEEN THEM ONLINE, BUT I THINK MOST

OF THEM ARE JUST MODIFIED THROUGH THE MANUFACTURER OR THE INDIVIDUAL.

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THE LANGUAGE IS -- IS -- IT'S VERY VAGUE. I AGREE WITH MY OTHER

ASSEMBLY PEOPLE WHO HAVE BEEN MENTIONING THAT, THAT IT'S CAPRICIOUS,

IT REALLY PUTS THE ONUS ON EVENTUALLY THE JUDGE, BUT WHAT I THINK

HAPPENS HERE IS THIS GIVES A VERY FALSE HOPE TO OUR BRAVE AND DEDICATED

OFFICERS ON THE STREET TO MAKE IT SOUND AS IF WHEN WE PASS THIS THAT ALL

OF A SUDDEN, THESE TOY GUNS, THEY'RE GOING TO HAVE A LITTLE BIT MORE

LEEWAY AND THAT THEY'RE GOING TO MAGICALLY DISAPPEAR WHEN THEY ARE

NOT. AND I THINK THIS JUST -- THERE'S JUST TOO MANY, TOO MANY

OPEN-ENDED QUESTIONS WITH THIS LEGISLATION FOR MY LIKING. AGAIN, I

WOULD HAVE RATHER SEEN SOMETHING A LITTLE BIT MORE DEFINITIVE,

ESPECIALLY ONE THAT SAYS WHAT DOES A TOY GUN LOOK LIKE, WHAT ARE WE

ACTUALLY LEGISLATING AGAINST BECAUSE WHILE THERE ARE SOME OUT THERE THAT

HAVE BEEN MODIFIED AND LOOK LIKE A NERF GUN, THE FACT IS THERE IS NO SET

DEFINITION. SO IT COULD BE AN OFFICER COULD SAY THAT SOMETHING WITH --

THAT'S BEEN MODIFIED FOR A DISABLED PERSON AND HAS BEEN PAINTED, THAT

COULD LOOK LIKE A TOY GUN TO HIM BUT COULD BE A FULLY FUNCTIONING

FIREARM FOR THE PERSON THAT LOVES IT AND IS USING IT.

SO FOR THOSE REASONS, UNFORTUNATELY I CAN'T SUPPORT THIS

AS MUCH AS I WANT TO SUPPORT OUR MEN AND WOMEN IN BLUE AND THAT

DEFEND US. THERE'S -- I DON'T WANT TO GIVE THEM THE FALSE HOPE THAT THIS

LEGISLATION IS GOING TO CLEAR UP A PROBLEM WHICH IS -- IS -- IT'S VERY

TOUGH, IT'S VERY TOUGH TO -- TOUGH TO WRAP MY HEAD AROUND IT WITH THE

LANGUAGE THAT THE BILL PRESENTS. I UNDERSTAND THE INTENT OF THE SPONSOR

AND I UNDERSTAND THE INTENT OF OUR OFFICERS BUT AT THIS POINT, I DON'T SEE

THIS BILL ACTUALLY DOING WHAT IT'S SUPPOSED TO DO. THERE'S -- IT DOESN'T

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ANSWER TOO MANY QUESTIONS. SO WITH THAT, I'LL BE URGING MY COLLEAGUES

TO VOTE IN THE NEGATIVE, AND I THANK YOU. AND I THANK THE SPONSOR OF

THE BILL FOR HIS -- FOR HIS ANSWERS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT NOVEMBER

1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 6522. 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: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS. THOSE MEMBERS WHO SUPPORT

IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN PROPERLY

RECORDED YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL BE IN FAVOR OF THIS PIECE OF

LEGISLATION. OF COURSE WE WOULD ADVISE OUR COLLEAGUES WHO LIKE TO BE

AN EXCEPTION TO PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AND WE'LL

HAVE YOUR VOTE PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH,

MA'AM.

(THE CLERK RECORDED THE VOTE.)

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NYS ASSEMBLY JUNE 8, 2021

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. AS WE'VE HEARD

EXTENSIVELY, THERE'S TWO GENERAL TRAINS OF THOUGHT THAT HAVE BEEN

ARTICULATED EXTENSIVELY. ONE DEALS WITH THE SECOND AMENDMENT AND

THAT IS FAIRLY STRAIGHTFORWARD. YOUR SECOND AMENDMENT RIGHTS DON'T

DEPEND ON WHAT COLOR YOUR GUN IS. I MEAN, THERE'S NOTHING IN THE U.S.

CONSTITUTION THAT SUGGESTS THAT IF YOU PAINT YOUR GUN, YOU LOSE YOUR

SECOND AMENDMENT RIGHTS. AND WE'VE HEARD EXTENSIVELY THAT THERE ARE

MANY PEOPLE THAT BUY DIFFERENT COLORED GUNS AND SOMETIMES PUT

STICKERS ON THEM OR WHATEVER FOR WHATEVER STYLISTIC REASONS THEY -- THEY

SO DESIRE. AND JUST BECAUSE YOU BUY A DIFFERENT COLOR GUN OR PUT A

STICKER ON IT, YOU SHOULDN'T LOSE YOUR SECOND AMENDMENT RIGHTS.

ON THE OTHER HAND, WE'VE HEARD A LOT OF LEGITIMATE

CONCERNS RAISED BY THOSE IN LAW ENFORCEMENT THAT IT'S VERY DIFFICULT

SOMETIMES TO TELL THE DIFFERENCE BETWEEN A TOY GUN AND A REAL GUN, AND

THAT THERE ARE SOME CRIMINALS THAT WILL MAKE THEIR REAL GUN LOOK LIKE A

TOY GUN. I'M NOT SURE HOW EFFECTIVE THAT IS IF YOU'RE HOLDING UP A LIQUOR

STORE IF YOUR GUN LOOKS LIKE A TOY GUN, BUT I SUPPOSE IF YOU'RE MORE

INTERESTED IN A DRIVE-BY SHOOTING OR SOMETHING LIKE THAT, IT MIGHT BE

EASIER TO DISGUISE WHAT APPEARS TO BE A TOY GUN. AND OBVIOUSLY, WE ALL

HAVE A GREAT DESIRE TO MAKE SURE THAT WE PROTECT OUR LAW ENFORCEMENT

AS MUCH AS POSSIBLE.

THE PROBLEM WITH THE LEGISLATION, HOWEVER, IS THAT, BY

AND LARGE, EXPERIENCE HAS SHOWN US THAT CRIMINALS GENERALLY DON'T

FOLLOW THE LAW. THERE'S SOMETHING INHERENTLY ABOUT THAT CONCEPT. AND

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SO WE PASS A LAW THAT SAYS YOU CAN'T HAVE A GUN THAT LOOKS LIKE A TOY,

WELL, THE LAW-ABIDING PEOPLE WILL -- WILL STOP AND THE CRIMINALS WILL

CONTINUE BECAUSE THAT'S -- THEY TEND TO IGNORE THE LAW. SO MAYBE OUR

REAL FOCUS SHOULDN'T BE TO TRY TO SHORTCHANGE OUR SECOND AMENDMENT

RIGHTS, BUT TRY TO DEAL WITH TOY GUNS THAT LOOK LIKE REAL GUNS AND BACK

OUR OFFICERS ON THE STREET SO THEY CAN BE SAFE. FOR THAT REASON, I'M

LEANING TOWARDS VOTING NO, BUT I'M CERTAINLY APPRECIATIVE OF THE

COUNTERARGUMENTS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

MAYBE NO.

MR. WALCZYK.

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

EXPLAIN MY VOTE. SO WHEN THEY WROTE THE BILL OF RIGHTS IN 1791 AND

ADDED THOSE TO OUR UNITED STATES CONSTITUTION, I'M REALLY GLAD THAT THE

FIRST AMENDMENT THEY WROTE IN A WAY THAT THE PRESS AND THE CITIZENRY

WOULD HAVE THE RIGHT TO REDRESS OF THEIR GOVERNMENT AND THAT WE WOULD

GUARANTEE THAT THEY HAVE THE RIGHT TO CRITICIZE US. AND I'M ALSO GLAD

THAT THEY WROTE THE SECOND AMENDMENT WHICH STANDS UP TO SPRAY

PAINT. SO I'LL BE VOTING NO AND I WOULD ENCOURAGE MY COLLEAGUES TO DO

SOMETHING VERY REAL ABOUT THE CRIME WAVE IN NEW YORK CITY.

SOMETHING VERY REAL WOULD LOOK LIKE STANDING BEHIND LAW

ENFORCEMENT, EMPOWERING DISTRICT ATTORNEYS, GIVING JUDGES DISCRETION

BACK THAT THIS BODY TOOK AWAY FROM THEM, AND STOP PLAYING AROUND

WITH LEGISLATION THAT SAYS LIKE, OH, A STAMP OF A FEW NUMBERS ON A -- ON

A RECEIVER OR SPRAY PAINT ON A GUN IS WHAT'S GOING TO MAKE THE HUGE

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DIFFERENCE FOR THE NEW YORK CITY CRIME WAVE HERE. WE'VE WASTED TOO

MUCH TIME. BRING US SOMETHING REAL. AND I VOTE NO, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. AS I MENTIONED DURING THE DEBATE EARLIER, I KNOW FIRSTHAND

WHAT THE DANGERS ARE ON THE STREETS IN NEW YORK CITY, ACROSS THE STATE,

AND ACROSS THE NATION OF WHAT LAW ENFORCEMENT IS DEALING WITH. THERE

IS A REAL DANGER OUT THERE WITH GUNS BEING DISGUISED, BUT LET'S NOT LOSE

THE REAL DANGER HERE. THE REAL DANGER IS THAT WE'RE NOT EMPOWERING OUR

CRIMINAL JUSTICE SYSTEM TO HOLD THOSE WHO HAVE ILLEGAL FIREARMS

BECAUSE OF THINGS THAT WE PASSED HERE LIKE BAIL REFORM. WE NEED TO

LOOK BACK AND CORRECT THAT, AND THAT WILL HELP US CURE GUN VIOLENCE IN

NEW YORK CITY AND ALL OUR URBAN CENTERS ACROSS NEW YORK STATE. FOR

THE PROTECTION OF POLICE OFFICERS, I WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. REILLY IN THE

AFFIRMATIVE.

MR. STERN TO EXPLAIN HIS VOTE.

MR. STERN: THANK YOU, MR. SPEAKER. FIRST, LET ME

THANK MY COLLEAGUES FOR -- FOR THIS DISCUSSION, MANY OF WHOM I KNOW

WELL ARE -- ARE FROM A LAW ENFORCEMENT AND MILITARY, AND I APPRECIATE

ALL OF THEIR COMMENTS. THE QUESTION THAT WAS ASKED EARLIER, YOU KNOW,

WHO DID YOU SPEAK TO ABOUT A PRIOR BILL TO MAKE THIS DETERMINATION? I

CAN TELL YOU WHO I SPOKE WITH. I SPOKE WITH MY LOCAL LAW ENFORCEMENT.

I SPOKE WITH LAW ENFORCEMENT THROUGHOUT ALL OF NEW YORK STATE. AS I

MENTIONED, THERE ARE WRITTEN MEMORANDUMS OF SUPPORT FROM LAW

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ENFORCEMENT ALL THROUGHOUT NEW YORK STATE IN FAVOR OF THIS

LEGISLATION. THEY ASKED ME TO IMAGINE THE SITUATION THAT THIS

LEGISLATION GOES TO, A DANGEROUS CONFRONTATION WITH SOMEONE WHO HAS

DISGUISED A REAL FIREARM TO LOOK LIKE A TOY GUN. THEY ASKED ME TO

IMAGINE THAT IN THAT MOMENT OF HESITATION WHERE THAT SPLIT-SECOND

DECISION NEEDS TO BE MADE, KILL OR BE KILLED, THAT THEY CAN'T AFFORD TO

SECOND-GUESS THEMSELVES. THEY SHARED WITH ME THAT THOSE WERE

EXPERIENCES THAT THEY KNOW OF, THAT THEY'VE HAD, AND THEY BELIEVE THAT

THIS IS AN IMPORTANT INITIATIVE THROUGHOUT NEW YORK STATE THAT, AGAIN,

OUR LOCAL LAW ENFORCEMENT IS LOOKING TO MAKE POLICY THROUGHOUT. I

THANK THEM FOR THEIR ASSISTANCE IN BRINGING THIS FORWARD. THIS IS

LEGISLATION THAT WILL SAVE LIVES, MR. SPEAKER. I WILL BE SUPPORTING IT. I

ASK ALL OF MY COLLEAGUES TO JOIN ME IN DOING THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: MR. STERN IN THE

AFFIRMATIVE.

MR. GOODELL.

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

ADDITION TO MY COLLEAGUES ON THE FLOOR THAT HAVE VOTED IN FAVOR OF THIS,

PLEASE RECORD MR. DESTEFANO, MR. MIKULIN, MS. MILLER, MR.

MONTESANO, MR. RA, AND MR. SMITH IN THE AFFIRMATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH, SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD PLEASE RECORD OUR COLLEAGUES MS. LUPARDO, MR.

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MAMDANI, AND MS. MITAYNES IN THE NEGATIVE ON THIS ONE. THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED, MRS.

PEOPLES-STOKES.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 19, RULES REPORT NO. 591 ON THE A-CALENDAR,

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06762-B, RULES

REPORT NO. 591, FAHY, ANDERSON, BURDICK, DINOWITZ, SEAWRIGHT,

SILLITTI, TAYLOR, L. ROSENTHAL, CARROLL, JACOBSON, STECK, THIELE, PERRY,

DARLING, EPSTEIN, OTIS, SIMON, DAVILA, MEEKS, BARRON, HEVESI, PAULIN,

LAVINE, J. RIVERA, COLTON, DICKENS, DILAN, JEAN-PIERRE, PICHARDO, CRUZ,

GRIFFIN, GOTTFRIED, SOLAGES, ABINANTI, GALEF, GONZ�LEZ-ROJAS, KELLES.

AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE DANGERS

TO SAFETY AND HEALTH AND CREATING OF A PUBLIC NUISANCE CAUSED BY THE

SALE, MANUFACTURING, DISTRIBUTION, IMPORTING AND MARKETING OF FIREARMS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

FAHY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

AND, MS. FAHY, AN EXPLANATION HAS BEEN REQUESTED.

MS. FAHY: YES, THANK YOU, MR. SPEAKER. THIS BILL

IS INTENDED TO HELP ADDRESS AND HOLD ACCOUNTABLE SOME BAD ACTORS, IF

YOU WILL, AND HELP STEM -- IDEALLY HELP STEM THE FLOW OF, PARTICULARLY,

ILLEGAL GUNS INTO -- INTO THIS STATE. WE HAVE SEEN SOME HORRIFIC RISE IN

GUN VIOLENCE, ESPECIALLY OVER THE LAST YEAR, RIGHT HERE EVEN IN MY HOME

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CITY OF ALBANY AND, YET, THROUGHOUT THE STATE, THROUGHOUT THIS COUNTRY.

AND MANY OF THESE GUNS ARE BEING BROUGHT INTO NEW YORK FROM

OUT-OF-STATE AND USED IN VIOLENT CRIMES, OTHERWISE KNOWN AS THE IRON

PIPELINE THAT WE'VE ALL HEARD ABOUT FOR DECADES. A COUPLE OF THESE

GUNS HAVE BEEN USED JUST IN THE LAST -- GUNS FROM OUT-OF-STATE HAVE

BEEN USED JUST IN THE LAST COUPLE OF MONTHS HERE, AGAIN, IN -- IN MY

HOMETOWN HERE IN -- IN ALBANY.

THE ATTORNEY GENERAL IN A PREVIOUS REPORT HAS STATED

OVER 74 PERCENT OF FIREARMS ARE OFTEN RECOVERED IN VIOLENT SHOOTINGS

WERE -- ARE BEING ILLEGALLY TRAFFICKED INTO NEW YORK. AND EVEN WHERE

THE GUN INDUSTRY MEMBERS OR ACTORS ARE SELLING FIREARMS TO -- TO STRAW

PURCHASERS OR WITH SLOPPY PRACTICES, THEY HAVE BEEN COMPLETELY

SHIELDED FROM LAWSUITS BY VICTIMS OF GUN VIOLENCE BECAUSE OF THIS

FEDERAL PROTECTION, A LAW THAT WAS PASSED IN 2005, FEDERAL PROTECTION

OF LAWFUL COMMERCE IN ARMS, OTHERWISE KNOWN AS PLCAA.

SO THIS BILL ALLOWS COURTS TO APPLY THE SAME PUBLIC

NUISANCE LAW THAT COVERS VIRTUALLY EVERY OTHER INDUSTRY AND, IN THIS

CASE, APPLY TO MANUFACTURERS AND DEALERS. THAT DOESN'T MEAN THAT EVERY

VICTIM OF GUN VIOLENCE WILL GET A SETTLEMENT OR BE ABLE TO BRING SUIT, BUT

IT DOES MEAN THAT GUN INDUSTRIES -- WHERE THE GUN INDUSTRY HAS CREATED

OR HELPED CREATE AN UNTENABLE RISK OF HARM THROUGH SLOPPY BUSINESS

PRACTICES OR -- OR OTHERWISE, THAT THEY -- VICTIMS CAN BEGIN TO HOLD THEM

ACCOUNTABLE. THANK YOU.

ACTING SPEAKER AUBRY: MR. MILLER.

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

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SPONSOR YIELD FOR QUESTIONS?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: YES.

ACTING SPEAKER AUBRY: MS. FAHY YIELDS, SIR.

MR. MILLER: THANK YOU. MS. FAHY, I HAVE SOME

QUESTIONS HERE ON THE BILL. I JUST WANT TO GO OVER THIS ONE MORE TIME

WITH YOU. IF SOMEONE LEGALLY PURCHASES A FIREARM FROM A FEDERALLY

LEGAL LICENSED MANUFACTURE THROUGH A LICENSED DEALER TO AN INDIVIDUAL

WHO USES THE FIREARM IN A CRIME, HOW IS IT -- THAT -- ALL THE LIABILITY GOES

BACK TO THE MANUFACTURER ON THIS, OR COULD GO BACK TO THE

MANUFACTURER.

MS. FAHY: IT -- IT REALLY, IN THIS CASE, IT DOES DEPEND

ON THE FACTS OF THE CASE AND IT DEPENDS ON WHAT IT -- HOW THAT WAS SOLD

AND WHETHER -- WHAT TYPE OF PRACTICE. SO IN OTHER WORDS, ONE OF THE

GOALS OF THIS LEGISLATION IS TO MAKE SURE THAT THERE'S VIDEO SURVEILLANCE

OF GUN SALES, RECORDING OF ALL SALES, TRAINING OF RETAILERS TO PREVENT ANY

TYPE OF STRAW PURCHASES WHICH CONTINUES TO BE A PROBLEM IN CERTAIN

INSTANCES, AS WELL AS BETTER RECORDKEEPING AND REGULAR MONITORING OF

SHIPMENTS AND SALES. SO THERE'S A VERY HIGH THRESHOLD HERE AND, AGAIN,

IT WOULD DEPEND ON -- ON MORE OF THE FACTS OF THE CASE. BUT NO, JUST THE

FACT THAT A GUN WAS USED IN A -- IN A HOMICIDE DOES NOT IMMEDIATELY --

WOULD NOT MAKE IT SUBJECT TO THIS PROVISION TO -- THIS PUBLIC NUISANCE

PROVISION.

MR. MILLER: BUT AREN'T ALL THOSE FACTORS TO GET THE

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FIREARM ALONG THE WAY ALREADY BEING FOLLOWED BY THE MANUFACTURERS

AND THE DEALERS?

MS. FAHY: NO. AND -- AND, QUITE FRANKLY, A NUMBER

OF THE GUN VIOLENCE ADVOCATES REALLY BELIEVE THAT IN NOT ALL -- NOT IN ALL

CASES. AND WHILE WE HAVE MADE GREAT STRIDES HERE IN THIS STATE IN

PARTICULAR, WE KNOW THAT THIS IRON PIPELINE IS COMING PRIMARILY FROM A

FEW STATES UP INTO -- INTO NEW YORK, AND THIS WOULD ALLOW, JUST AS IF --

IF THERE WAS POLLUTION, SERIOUS POLLUTION IN -- IN IOWA THAT WENT DOWN

THE MISSISSIPPI AND -- AND CAUSED SOME SERIOUS HARM IN LOUISIANA, IT'S

A -- KIND OF A SIMILAR -- A SIMILAR THRESHOLD HERE WHERE THERE WERE

SLOPPY PRACTICES, WHERE THERE WAS A RECKLESSNESS ON BEHALF OF THE

DEALER, THERE THEN COULD BE -- THE FACTS COULD ALLOW FOR -- FOR

ENFORCEMENT TO BRING A -- A NUISANCE SUIT, A PUBLIC NUISANCE SUIT. BUT IT

DOES NOT GUARANTEE A FAVORABLE JUDGMENT BY ANY -- BY ANY MEANS. IT

WOULD HAVE TO SHOW -- THIS IS, AGAIN, CIVIL LIABILITY. IT WOULD HAVE TO

SHOW RECKLESSNESS AND UNKNOWING -- UNKNOWING OF -- OF AN ILLEGAL

SALE.

MR. MILLER: OKAY. HOW MANY OTHER STATES HAVE A

SIMILAR BILL THAT YOU KNOW OF?

MS. FAHY: NO OTHER STATE AT THIS POINT. THIS WOULD

BE A FIRST IN THE COUNTRY AND, AGAIN, SOME OF THIS IS TO GO AT WHAT WAS

IMMUNITY, ESSENTIALLY, SUCH STRONG IMMUNITY, A RATHER UNPRECEDENTED

IMMUNITY THAT WAS PASSED IN 2005, AGAIN, BY FEDERAL -- FEDERAL STATUTE,

THE PLCAA, WHICH IS, AGAIN, THE PROTECTION OF LAWFUL COMMERCE AND

ARMS ACT. SO NO OTHER STATE HAS BEEN ABLE TO -- TO FIND THIS NARROW

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WINDOW, IF YOU WILL, EVEN THOUGH IT DID CONTAIN IN THAT LAW -- DID

CONTAIN A PREDICATE EXEMPTION, OR EXCEPTION, IF YOU WILL, AND WE

BELIEVE THAT THIS BILL BY USING THE PUBLIC NUISANCE LAW, THAT WE CAN

CREATE A PREDICATE STATUTE TO HELP REINSTATE SOME OF THE LIABILITY THAT HAS

BEEN LOST SINCE 2005 IN THIS STATE, LET ALONE NATIONALLY. AND I SHOULD

ADD THE BIDEN ADMIN -- THE PRESIDENT HIMSELF, PRESIDENT BIDEN, HAS

REPEATEDLY AND VERY RECENTLY TALKED ABOUT TRYING TO MAKE THESE CHANGES

AT THE FEDERAL LEVEL, BUT THERE HAS BEEN CONSIDERABLE PARALYSIS IN

CONGRESS ON THIS ISSUE.

MR. MILLER: OKAY. BACK TO THE DEALER, OR, OKAY --

THIS GOES BACK TO THE MANUFACTURERS NOW, AND YOU SAID THE DEALERS WILL

BE HELD ACCOUNTABLE IF THIS LAW IS PASSED, ALSO. SO -- SO THERE'S A -- A

FAST BUTTON HIT WHEN A CRIME'S COMMITTED THAT OF COURSE YOU HAVE THE

PERSON WHO COMMITTED THE CRIME AND EVERYBODY WHO WAS ASSOCIATED

WITH ANY PART OF THAT CRIME AND ANYTHING THAT WAS EVER USED IN THE

CRIME RIGHT BACK TO THE MANUFACTURER, CORRECT? IS THAT WHAT THIS BILL IS

TELLING ME? THIS, IN A NUTSHELL.

MS. FAHY: THIS -- AGAIN -- THIS WOULD -- AGAIN, THIS

WOULD BE FOR THE COURTS TO DECIDE AND IT WOULD NEED -- WE WOULD --

THERE WOULD NEED TO BE A DEMONSTRATION OF UNTENABLE RISK OF HARM THAT

WAS CREATED THROUGH THE BUSINESS PRACTICES, THROUGH RECKLESS TYPES OF

BUSINESS PRACTICES THAT DID LEAD TO THE -- THE DOWNSTREAM, IF YOU WILL, OR

PROBLEMS THROUGH THE SALE OF GUNS. SO WHETHER IT'S THE MANUFACTURERS

OR THE DEALERS, THIS IS A -- THE FACTS WOULD HAVE TO SPEAK FOR THE CASE

AND, QUITE FRANKLY, YOU KNOW, THIS IS A RATHER HIGH THRESHOLD. THIS IS A

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NARROW WINDOW, BUT WE DO THINK THERE IS AN EFFORT TO GO AFTER WHAT ARE

REALLY VERY FEW BAD ACTORS IN TERMS OF SELLING GUNS THAT END UP AS PART

OF THIS IRON PIPELINE AND END UP ON OUR STREETS AND -- AND, AS WE KNOW,

HAVE BEEN PROLIFERATING IN RECENT YEARS.

MR. MILLER: OKAY. CAN YOU GIVE ME AN EXAMPLE

HOW THIS WOULD GO BACK TO A MANUFACTURER?

MS. FAHY: FOR INSTANCE, IF THE STRAW -- THE STRAW

SALES THAT I MENTIONED, OR IF -- OH, THERE WAS A -- THERE WAS A CASE PRIOR

TO PLCAA BEING PASSED IN THE EARLY 2000S WHERE THE GUN INDUSTRY WAS

HELD ACCOUNTABLE AND THAT WAS -- SORRY. IT WAS AS A RESULT OF A SNIPER, A

VERY SERIOUS SNIPER SHOOTING AND BOTH SHOOTERS HAD BEEN PROHIBITED

FROM BUYING GUNS; YET, IN THIS CASE, THE MANUFACTURER, IN THIS CASE IT

WAS BUSHMASTER, CHOSE TO SELL THESE ASSAULT WEAPONS THROUGH A WHAT

WAS CONSIDERED A KNOWINGLY CORRUPT DEALER WHO HAD REPEATEDLY

VIOLATED THE LAW IN THE PAST, YET SOLD OVER 200 GUNS AND KEPT NO RECORD

OF SALE AND THE GUNS ARE PRESUMED TO HAVE BEEN SOLD OFF THE BOOKS, IF

YOU WILL. SO IN THAT CASE, THE -- THE SNIPER'S GUN HAD BEEN UNACCOUNTED

FOR. AGAIN, THEY WEREN'T JUST SLOPPY PRACTICES, IT WAS A -- IT WAS A

RECKLESS PRACTICE AND IN THIS CASE, BUSHMASTER DID SETTLE OUT OF COURT

FOR $2.5 MILLION TO THE -- TO THE VICTIMS. IN -- FAST FORWARD THOUGH,

SINCE PLCAA HAS PASSED IN 2005, GIVEN THE CURRENT STANDARD AND

GIVEN THE CURRENT IMMUNITY THAT THEY HAVE HAD AT A NATIONAL LEVEL,

BUSHMASTER UNDER -- HAD THIS BEEN BROUGHT TO COURT SINCE 2005, THEY

PROBABLY WOULD NOT HAVE BEEN HELD LIABLE, THE MANUFACTURER NOR THE

DEALER FOR THOSE TYPES OF RECKLESS PRACTICES.

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MR. MILLER: THANK YOU, MR. [SIC] FAHY.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MILLER: I'VE READ THROUGH THIS BILL, WE'VE

TALKED ABOUT IT THROUGH THE COMMUNITY WHERE I LIVE IN AND THE DISTRICT

THAT I LIVE IN. I HAVE REMINGTON ARMS, AS WE'RE TALKING ABOUT THE

BUSHMASTER HERE, I HAVE REMINGTON ARMS IN MY BACKYARD. THEY'RE

THE OLDEST, CONTINUOUS MANUFACTURER IN THE UNITED STATES, I BELIEVE

THEY'RE 206 YEARS OLD, AND THEY'RE ALSO ONE OF THE LEADING SPORTING ARM

MANUFACTURERS IN THE WORLD. SO I'M JUST VERY CONCERNED AT HOW THIS ALL

GOES BACK TO THE MANUFACTURER. YOU KNOW, A LOT OF THE -- A LOT OF THE

RESPONSES, I'M SURE THEY MADE A LOT OF SENSE TO ME, BUT THEN THEY -- BUT

THEN THEY DIDN'T. YOU KNOW, IT'S LIKE ME WALKING INTO A CELL PHONE

STORE, PICKING UP A CELL PHONE WHICH I CAN TEXT ON VERY WELL, AND MOST

OF US CAN TEXT ON -- WHILE WE'RE DRIVING AND WE'RE BREAKING THE LAW, BUT

THERE'S NOTHING THERE THAT SAYS TO -- TO THE CELL PHONE MANUFACTURER THAT

YOU CAN'T TEXT, AND SAY I'M TEXTING, I GET THE CELL PHONE, I'M ALL EXCITED,

I'M TEXTING ON THE CELL PHONE, I LOSE CONTROL OF MY CAR AND I RUN

THROUGH A BUS STOP AND I INJURE AND KILL A GROUP OF PEOPLE.

I BELIEVE WE'RE GOING DOWN A SLIPPERY SLOPE WITH THIS,

NOT JUST WITH THE GUN MANUFACTURERS, WHAT THIS BILL IS ALL ABOUT, BUT THIS

CAN GO ANYWHERE, OKAY. WE CAN LOOK AT THE CELL PHONE, WE CAN LOOK AT

THE CAR MANUFACTURER, BUT THIS JUST DOESN'T MAKE ANY SENSE. YOU KNOW,

IT ALL GOES BACK INTO WHAT POINT IN OUR SOCIETY THAT WE TAKE OUT ALL

PERSONAL RESPONSIBILITY AND JUST LOOK TO GO BACK ON -- ON A

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MANUFACTURER.

AGAIN, THANK YOU, MR. SPEAKER, AND I WANT TO THANK --

THANK THE SPONSOR FOR ALLOWING ME TO ASK QUESTIONS, AND I WILL URGE ALL

OF MY -- ALL OF MY ASSEMBLY PEOPLE THERE TO VOTE NO ON THIS BILL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. ANGELINO.

MR. ANGELINO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR MY QUESTIONS?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: SURE.

ACTING SPEAKER AUBRY: MS. FAHY YIELDS, SIR.

MR. ANGELINO: THANK YOU. THIS -- THIS BILL HAS

SOME PRETTY BROAD WORDS IN THERE. THE ONES I'M KEYING IN ON ARE

MANUFACTURING AND MARKETING. AND I HEARD YOU SAY "SLOPPY" A COUPLE

OF TIMES AND I AGREE WITH YOU. PROBABLY THE POINT OF SALE EITHER IN

NEW YORK OR ANOTHER STATE IS PROBABLY SLOPPY, AND THAT'S WHERE THE

PROBLEMS ARE OCCURRING. CAN YOU GIVE ME SOME EXAMPLES? MAYBE THE

WORST TWO OR THREE EXAMPLES OF SLOPPY MANUFACTURER OR SLOPPY

MARKETING?

MS. FAHY: THAT PROBABLY WASN'T THE BEST CHOICE OF

WORDS. IN MANY CASES WHAT WE ARE LOOKING FOR IS RECKLESSNESS. AND

THAT IS WHERE, AGAIN, THERE IS A STRAW PURCHASE OR WHERE THERE IS NOT

TIGHT SECURITY IN THE GUN DEALER'S SHOP SUCH THAT IF IT WERE BROKEN INTO

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THERE WOULD BE NO WAY TO TRACE IT. THERE'S NOT VIDEO CAMERAS TO TRACE

WHERE GUNS MAY BE STOLEN OR SALES OUT THE BACK DOOR THAT AREN'T PART OF

THE TRACING. SOME OF THE THINGS THAT WE ARE LOOKING FOR IS BETTER

PHYSICAL SECURITY MEASURES TO PREVENT THEFT OR -- OR SECURE STORAGE THAT

ARE VIDEO SURVEILLANCE AND RECORDING OF SALES. BETTER TRAINING OF RETAIL

CLERKS, WHICH WE TALKED A LOT ABOUT IN THIS BODY ABOUT, THAT ARE TRAINED

TO MAKE SURE THAT THOSE WHO SHOULDN'T BE BUYING GUNS ARE -- COULD BE

BETTER IDENTIFIED, AS WELL AS THOSE WHO ARE ATTEMPTING A STRAW PURCHASE.

AND -- OR THOSE WHO MAY BE IN CRISIS AS WELL AS A BETTER RECORDKEEPING,

MONITORING INVENTORY, THE -- THE DATA, YOU KNOW, TRYING TO GET TRACING,

THE DATA TRACING AS WELL AS REFUSING TO WORK WITH DISTRIBUTORS AND

RETAILERS. IT IS -- ONE OF THE BETTER EXAMPLES IS THE -- THE DRUGS, WHAT WE

SAW WITH THE OPIOID CRISIS AND WHERE THERE WAS -- ULTIMATELY, THERE

WERE MANUFACTURERS WHO WERE HELD ACCOUNTABLE FOR SOME RECKLESS

PRACTICES.

MR. ANGELINO: THAT'S WHERE I STARTED MY

QUESTION. I AGREE THAT THERE ARE SLOPPY SALES AND -- AT THE POINT OF --

POINT OF SALE, WHERE THE POTENTIAL PURCHASERS, STRAW PURCHASER OR

WHATEVER, VIDEO CAMERAS, THOSE ARE ALL GOOD IDEAS. PROBABLY

EXPENSIVE, BUT THAT'S ALL POINT OF SALE. I'M LOOKING AT THE BROAD WORDS

THAT GO INTO MARKETING AND MANUFACTURE. I DON'T GET HOW MARKETING

YOUR PRODUCT SOMEHOW IS A PROBLEM IN THE PIPELINE OF IRON.

MS. FAHY: JUST -- JUST AS WE SAW WITH THE OPIOID

CRISIS AND THE DRUG MANUFACTURERS, THEY HAD TO DEMONSTRATE -- THERE WAS

QUITE A THRESHOLD, AND IF YOU CAN RECALL, JUST A FEW YEARS AGO MANY OF

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US WERE SKEPTICAL THAT THEY WOULD BE EVER BE HELD ACCOUNTABLE. BUT

THERE -- THERE WAS A DEMONSTRATION THAT THEIR MARKETING LED TO RECKLESS

AND ENDANGERMENT AND ULTIMATELY IN MANY CASES TO -- TO THOUSANDS OF

OPIOID DEATHS.

MR. ANGELINO: BUT NO --

MS. FAHY: SO, AGAIN, IT'S A THRESHOLD. AND THE FACTS

WOULD HAVE TO -- YOU KNOW, WE -- WE DON'T DENY THAT THERE'S A VERY

HIGH THRESHOLD HERE, AND THE FACTS WOULD HAVE TO BE PRESENTED. IT'S THE

COURTS THAT WOULD HAVE TO DETERMINE THIS AND SHOW THAT THERE WAS AN

UNTENABLE RISK OF HARM OR KNOWINGLY AND RECKLESSLY HAVE SOLD THOSE

GUNS. SO AGAIN, THERE IS A -- THERE'S A PRETTY HIGH THRESHOLD HERE. AND

PART OF THAT, BY THE WAY, I SHOULD ADD, IS BECAUSE WE KNOW THAT IT'S --

IT'S A FEW BAD ACTORS HERE. BUT AS IN SO MANY INDUSTRIES, IT'S A FEW BAD

ACTORS. AND THE VAST MAJORITY OF -- OF GUNS COMING UP THIS IRON

PIPELINE IS -- THE BRADY -- THE BRADY CENTER FOR GUN VIOLENCE HAS --

HAS ESTIMATED THAT ROUGHLY 5 PERCENT OF GUN DEALERS, 5 PERCENT ARE

SUPPLYING OVER 90 PERCENT OF THE ILLEGAL GUNS IN NEW YORK. SO, YOU

KNOW, THIS IS NOT A TARGETING OF REMINGTON OR -- OR ANY OTHER PARTICULAR

MANUFACTURER OR DEALER, FOR THAT MATTER. THIS IS TRYING TO MAKE SURE

THAT WE ARE GOING AFTER THOSE WITH RECKLESS PRACTICES.

MR. ANGELINO: BUT WE'RE GOING AFTER THAT SMALL

PERCENTAGE BY ENACTING A LAW THAT IMPACTS EVERYONE. AND THAT -- THAT --

A LOT OF PEOPLE THINK THAT'S AN INFRINGEMENT.

MS. FAHY: THAT'S -- IT -- I -- I'M AFRAID I WOULDN'T

NECESSARILY AGREE WITH THAT BECAUSE THE -- THOSE WHO ARE... WHAT'S THE

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LINE I WAS GOING TO -- I'LL -- I'LL USE A LINE THAT THE SENATE SPONSOR HAS

USED MANY TIMES AND I THINK IT'S AN APPROPRIATE ONE: RESPONSIBLE GUN

COMPANIES, JUST LIKE RESPONSIBLE DRUG COMPANIES, IN THIS CASE THE

PHARMACEUTICAL COMPANIES, DIDN'T NEED SPECIAL PROTECTION FROM

LAWSUITS. BUT THE IRRESPONSIBLE ONES, YOU KNOW, DO NOT DESERVE IT.

AND I THINK THAT'S, AGAIN, PART OF WHAT WE ARE SEEKING HERE. THIS HAS

BECOME A PUBLIC NUISANCE IN MANY WAYS, TO PUT IT MILDLY. AND THE

OTHER PART OF THIS IS THAT SINCE 2005, BECAUSE THE GUN INDUSTRY HAS HAD

SUCH UNPRECEDENTED PROTECTIONS FROM ANY CIVIL LIABILITY, THEY HAVE --

REALLY HAD NO INCENTIVE TO INCREASE SAFETY MEASURES ON -- ON GUNS AND

-- OR WITH THEIR DEALERS AND TO -- TO WATCH THAT SUPPLY CHAIN AND TO GO

AFTER THAT SUPPLY CHAIN. AND WE'VE SEEN THIS IN ENVIRONMENTAL

LEGISLATION, WE'VE NOW SEEN IT WITH PHARMACEUTICALS. WE'VE EVEN SEEN

THIS WITH COVID MANUFACTURERS HAVING TO WATCH, YOU KNOW, WHERE

THEY'RE -- WHERE THEY'RE BUYING -- YOU KNOW, WHO IS MANUFACTURING

OVERSEAS. SO WE HAVE SEEN THIS IN OTHER INDUSTRIES, AND THIS IS THE ONLY

INDUSTRY, AS BEST WE KNOW, THAT HAS HAD SUCH COMPLETE IMMUNITY FROM

WATCHING THAT SUPPLY CHAIN.

MR. ANGELINO: DO YOU THINK THAT IMMUNITY IS

BECAUSE THIS IS ONE OF THE FEW INDUSTRIES THAT'S ENUMERATED IN OUR

CONSTITUTION?

MS. FAHY: THAT'S -- I'M SORRY, THAT'S WHAT?

MR. ANGELINO: THIS IS OF THE FEW INDUSTRIES THAT'S

ENUMERATED IN OUR CONSTITUTION.

MS. FAHY: IT IS -- THIS IS -- YEAH, THIS IS NOT -- THIS IS

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NOT A SECOND AMENDMENT ISSUE. I -- I'VE PASSED LEGISLATION HERE TO --

THAT HAS HELPED EXPAND HUNTING AND -- AND HERE IN -- IN ALBANY COUNTY

WHERE I LIVE. THIS IS -- I'M FULLY RESPECTFUL OF LEGITIMATE GUN OWNERS

AND THEY -- THEIR ABILITY TO OWN AND -- OWN AND PURCHASE GUNS AND

HUNTING PARAPHERNALIA. IT IS -- THIS IS NOT ABOUT GOING AFTER INDIVIDUAL

USERS AND IT IS NOT ABOUT -- THIS IS NOT A SECOND AMENDMENT PROPOSAL.

MR. ANGELINO: THANK YOU, MADAM.

MS. FAHY: THANK YOU.

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

ACTING SPEAKER AUBRY: MR. ANGELINO, ON THE

BILL.

MR. ANGELINO: THANK YOU, SIR. I CAN'T HELP BUT

NOTICE THAT THESE ARE -- ALL THESE GUN SAFETY BILLS OR INFRINGEMENT BILLS

ARE COMING UP AT THE SAME TIME THAT CRIME IS RUNNING RAMPANT IN ALL THE

URBAN AREAS OF NEW YORK STATE, FROM BUFFALO, ROCHESTER, SYRACUSE,

ALBANY RIGHT DOWN THE HUDSON RIVER TO NEW YORK CITY. IT SHOULD

COME AS NO SURPRISE THAT ALL THIS IS HAPPENING AFTER A FEW YEARS OF

UNDERMINING THE NEW YORK STATE CRIMINAL JUSTICE SYSTEM, THE LAST

COUPLE OF YEARS GOING RIGHT AFTER LAW ENFORCEMENT OFFICERS, MAKING

THEIR JOB ALREADY TOUGH EVEN HARDER TO DO. THIS BODY ALWAYS REACTS IN

A WAY THAT NEVER LIMITS CRIMINALS FROM POSSESSING AND USING ILLEGAL

FIREARMS, BUT ALWAYS INFRINGES UPON LAWFUL GUN OWNERS AND THEIR RIGHT

TO POSSESS FIREARMS. AND WHEN WE ENACT AND PASS THESE BILLS, WHAT WE

END UP DOING IS MAKING THE LAWFUL PEOPLE INADVERTENT CRIMINALS AND

THEY DON'T EVEN KNOW IT.

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I URGE MY COLLEAGUES TO VOTE NO ON THIS AND THAT'S

WHAT I'LL BE DOING AND I ASK THEM TO DO LIKEWISE. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SMULLEN.

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

THE SPONSOR FROM THE 109TH ASSEMBLY DISTRICT IN ALBANY CARE TO

ANSWER A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: YES.

MR. SMULLEN: THANK YOU VERY MUCH. I -- I REALLY

APPRECIATE THE OPPORTUNITY TO REALLY GET TO THE HEART OF THIS ISSUE. HOW

DID YOU ARRIVE AT THE TERM IN QUOTATION, "GUN INDUSTRY MEMBERS",

UNQUOTE, PERSON, FIRM, CORPORATIONS, COMPANY, PARTNERSHIP, SOCIETY OR

JOINT STOCK -- WHERE DID -- WHERE DID THAT COME FROM?

MS. FAHY: I THINK THAT WAS A WAY TO CAPTURE THOSE

WHO MAY BE SUBJECT TO -- TO THE PROVISIONS OF THIS BILL. AND IT WAS

TRYING TO CAPTURE AS MANY OF -- YOU KNOW, IT -- IT WAS TRYING TO CAPTURE

AS MUCH OF THE INDUSTRY AS POSSIBLE, AGAIN, TO MAKE SURE THAT WE --

THERE IS THE ABILITY TO GO AFTER THE BAD ACTORS THAT WE DISCUSSED EARLIER.

MR. SMULLEN: SO THIS INCLUDES EVERYONE IN THE

INDUSTRY, BOTH UPSTREAM, THE MANUFACTURERS, ALL THE WAY DOWN TO THE

DISTRIBUTORS, THE SALES, THE REPAIR. ANYBODY WHO TOUCHES A GUN IS

SUBJECT TO THIS LAW.

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MS. FAHY: AGAIN, THE COURTS WOULD HAVE TO DECIDE,

YOU KNOW --

MR. SMULLEN: WHAT IS YOUR INTENT?

MS. FAHY: -- DECIDE THE -- THE CASE. BUT KEEP IN

MIND THAT PLCAA, THE FEDERAL LAW THAT WAS PASSED IN 2005, GAVE

BROAD, BROAD IMMUNITY TO THE ENTIRE INDUSTRY. HENCE, WE ARE TRYING TO

GO BACK AT THAT AND DEFINE THE ENTIRE INDUSTRY AND AGAIN MAKE SURE THAT

THOSE WHO NEED TO BE HELD ACCOUNTABLE HERE CAN BE HELD ACCOUNTABLE.

AGAIN, FOR THE KNOWLEDGE OR RECKLESSNESS OF -- YOU KNOW, THERE IS THAT

THRESHOLD OF LIABILITY THAT WOULD HAVE TO BE DEMONSTRATED HERE.

MR. SMULLEN: SO, IF THE -- THE FEDERAL LAW THAT

YOU'VE DESCRIBED HAS BEEN THE LAW OF THE LAND FOR ABOUT 18 YEARS NOW,

IS THAT ABOUT RIGHT?

MS. FAHY: I'D SAY 16, BUT CLOSE ENOUGH.

MR. SMULLEN: WELL, IN -- IN --

MS. FAHY: 2005.

MR. SMULLEN: IF IT'S -- IF IT'S SUCH A BAD LAW WHY

HASN'T IT BEEN OVERTURNED OR CHALLENGED IN COURT?

MS. FAHY: IT -- IT HAS BEEN CHALLENGED. AND AS YOU

KNOW, THERE HAS BEEN A GOOD DEAL OF PARALYSIS AS WE SPOKE EARLIER, A

GOOD DEAL OF PARALYSIS IN CONGRESS. YOU HAVE JUST A COUPLE OF MONTHS

AGO HEARD PRESIDENT BIDEN SPEAK QUITE FORCEFULLY, ACTUALLY, THAT HIS

GOAL IS TO BEGIN TO OVERTURN THIS TYPE OF IMMUNITY, AGAIN, BECAUSE IT'S

SO UNPRECEDENTED. SO THERE IS THE GOAL TO OVERTURN IT, BUT IT WAS A -- IT

WAS A VERY FAR-REACHING AND BROAD LAW THAT WAS ADOPTED IN 2005. AND

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SO THIS IS ONE OF A NUMBER OF EFFORTS THAT HAVE BEEN UNDER WAY TO TRY TO

MORE NARROWLY HOLD THOSE WHO SHOULD BE HELD ACCOUNTABLE

ACCOUNTABLE. YOU KNOW, AS -- AS YOU HAVE SEEN TONIGHT, SINCE I FIRST

CAME HERE IN 2013 WE HAVE -- I'M ALSO THE SPONSOR OF THE BUMP STOCK

LEGISLATION. EVERY -- WE ARE LOOKING AT NUMEROUS AVENUES TO TRY TO

CLOSE AS MANY LOOPHOLES AS POSSIBLE AND -- AND AS LONG AS I CAN

REMEMBER, WE HAVE TALKED ABOUT AN IRON PIPELINE. SO, WE MAY HAVE

SOME OF THE STRICTEST GUN LAWS IN THE COUNTRY; HOWEVER, WE STILL HAVE A

FIERCE IRON PIPELINE THAT HAS BEEN IN PLACE, IF YOU WILL, FOR DECADES. SO

WHILE WE MAY HAVE DONE I THINK YEOMAN'S WORK IN TERMS OF CLOSING

DOWN LOOPHOLES AND -- AND WE -- WE DON'T HAVE AS MANY OF THE BAD

ACTORS THAT YOU HEARD ME REFER TO EARLIER, BUT WE KNOW THAT THERE ARE

DISTRIBUTORS AND DEALERS IN OTHER STATES THAT ARE NOT -- HAVE NOT BEEN AS

VIGILANT.

MR. SMULLEN: SO IT'S YOUR INTENT TO CIRCUMVENT

FEDERAL LAW IN THIS CASE WITH A STATE LAW.

MS. FAHY: YEAH, IT'S -- IT'S CERTAINLY NOT TO -- I

WOULDN'T CALL IT CIRCUMVENT. AT THAT TIME WHEN THE LAW WAS PASSED,

AGAIN UNDER PLCAA IN 2005, IT DID CONTAIN A NARROW PREDICATE

EXCEPTION. AND IT SAID THAT THE STATES CAN PASS A PREDICATE STATUTE TO

REINSTATE SOME LIABILITY. THAT'S EXACTLY WHAT THIS PROPOSAL DOES, TO TAKE

THE NUISANCE LAW AND -- AND WALK THAT NARROW PATH, IF YOU WILL, TO GO

AFTER WHAT IN -- WHAT WE REALLY THINK ARE VERY FEW BAD ACTORS. THIS IS

NOT A -- THIS IS NOT A BROAD-BASED BILL. AGAIN, IF THE BRADY -- THEY'VE

BEEN -- NO DOUBT WHAT SIDE OF THE FENCE THEY'RE ON, BRADY -- THE -- THE

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BRADY COALITION AND THE BRADY CENTER FOR -- AGAINST -- THE BRADY

CENTER FOR GUN VIOLENCE PREVENTION, THEY'RE THE ONES THAT HAVE

ESTIMATED IT IS ABOUT 5 PERCENT OF GUN DEALERS WHO ARE SUPPLYING ABOUT

90 PERCENT OF THE ILLEGAL GUNS COMING INTO NEW YORK. SO -- AND THAT'S,

YOU KNOW, THAT'S FROM A --A, YOU KNOW, A RECOGNIZED BIASED GROUP, IF

YOU WILL.

MR. SMULLEN: SO HOW IS THIS A PUBLIC NUISANCE?

CAN YOU EXPLAIN WHY YOUR BILL RESTS ITSELF ON -- ON PUBLIC NUISANCE

OVER SOME SORT OF CRIMINALITY?

MS. FAHY: IT'S -- IT IS -- BECAUSE THIS IS USING -- IT'S

CIVIL LIABILITY, AND THAT IS THE COMMON APPROACH THAT WE'VE SEEN TO --

WITH OTHER INDUSTRIES SUCH AS -- AS I MENTIONED EARLIER, SUCH AS WITH THE

PHARMACEUTICAL INDUSTRY AND -- AND OTHERS. IT IS THE -- THE PUBLIC

NUISANCE LAW THAT HAS BEEN APPLIED.

MR. SMULLEN: BUT -- BUT THE ULTIMATE GOAL IS TO

STOP CRIMINALS FROM USING GUNS TO KILL PEOPLE.

MS. FAHY: THAT'S ONE OF THE GOALS, AND -- AND THE

MORE WE CAN STOP THE SUPPLY -- IT'S A MULTI-PRONGED APPROACH THAT

YOU'VE HEARD, AGAIN, SO MUCH OF TONIGHT AS WELL AS OVER THE LAST FEW

YEARS. I DID THE BUMP STOCK BILL A FEW YEARS AGO. IT IS TO -- TO TRY TO

TIGHTEN UP AS MANY AVENUES AS POSSIBLE.

MR. SMULLEN: SO IN THIS CASE HOW DOES THIS

PREVENT CRIMINALS FROM ACTUALLY COMMITTING CRIMES? BECAUSE IT'S

ACTUALLY -- IT'S A PERSON THAT COMMITS A CRIME, NOT A GUN. IT'S THE PERSON

USING A GUN THAT COMMITS A CRIME.

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MS. FAHY: WELL, FIRST OF ALL, IF WE CAN STOP -- IF WE

CAN STOP THE FLOW THERE'S NOT AS EASY AN ACCESS OF -- YOU JUST HEARD IN

THE LAST DEBATE ABOUT A COMMUNITY GUN THAT WAS FOUND HERE IN THE CITY

-- IN THE CITY OF ALBANY. THE LESS GUNS THAT ARE ON THE STREETS, THE --

THE LESS OPPORTUNITY FOR WHAT ARE OFTEN CRIMES OF PASSION. SO THE --

AND -- AND WE KNOW THAT THIS COUNTRY, MORE THAN ANY OTHER COUNTRY IN

THE WORLD, HAS A PROLIFERATION OF -- OF GUNS AND WE HAVE THE HIGHEST

NUMBERS OF GUN VIOLENCE. BY THE WAY, I SHOULD ADD THAT THIS MAY HELP

WITH THE GUNS IN THE HOME IF -- IF WE HAD MORE SAFETY PROTECTIONS.

AGAIN, I MENTIONED THAT THIS MAY INCENTIVIZE OTHER SAFETY -- OTHER

SAFETY MEASURES AND THAT MAY PROTECT PEOPLE IN THEIR OWN HOME.

WE'VE -- WE'VE ALL HEARD OF INCIDENCES AND ALL HAD INCIDENCES IN OUR

COMMUNITIES WHERE CHILDREN HAVE HAD ACCESS TO GUNS AND UN --

UNKNOWINGLY OR UNINTENTIONALLY CREATED GREAT HARM TO THEMSELVES OR

OTHERS.

MR. SMULLEN: SO --

MS. FAHY: SO AGAIN, THIS IS JUST TO STEM THE FLOW OF

AND STOP THE RECKLESS PRACTICES THAT HAVE LED TO THE PROLIFERATION OF

ILLEGAL GUNS INTO OUR COMMUNITIES.

MR. SMULLEN: BUT THIS -- BUT THIS ISN'T A CRIMINAL

STATUTE. IT DOESN'T STOP PEOPLE WHO ARE -- ARE ACTUALLY COMMITTING

CRIMES FROM DOING THOSE CRIMES. IT'S -- IT'S AN ATTEMPT USING THIS -- THE

SUPPLY FUNCTION TO REDUCE THE NUMBER THAT THEY HAVE AVAILABLE. WHAT

IS YOUR GOAL? IS IT TO HAVE ZERO GUNS IN AMERICA?

MS. FAHY: NO. I'VE ACTUALLY -- FIRST OF ALL, THAT IS

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EXACTLY -- YOUR EARLIER STATEMENT IS EXACTLY THE INTENT. IT IS TO -- TO TRY TO

LIMIT THE SUPPLY, AGAIN, ESPECIALLY OF THE ILLEGAL GUNS AND TO GO AFTER

BAD ACTORS, BAD PRACTICES OR RECKLESS PRACTICES. IN TERMS OF -- SO -- SO IT

IS -- IT IS TO GO AFTER THE SUPPLY. THAT SAID, AGAIN, THIS IS PART OF -- THIS

IS ONE MEASURE TO ADDRESS A PROBLEM THAT HAS FUELED THE CRISIS, IN MY

VIEW. ESPECIALLY SINCE 2005 WHEN -- WHEN THIS INDUSTRY -- YOU KNOW,

NO OTHER INDUSTRY THAT I CAN POINT TO HAS HAD SUCH IMMUNITY. AND

AGAIN, WE -- WE ACTUALLY THOUGHT THE -- THE PHARMACEUTICAL COMPANY

WOULD HAVE MORE IMMUNITY AND EVEN THEY HAVE BEEN HELD ACCOUNTABLE

FOR SOME OF THE RECKLESS PRACTICES THAT DID HELP FUEL THE OPIOID CRISIS

THAT WE'RE STILL GRAPPLING WITH. EVEN THOUGH IT WAS NOT DIRECT, IT WAS A

MORE INDIRECT, BUT THEN IN MANY CASES THEY KNOWINGLY DEALT WITH A

SLOPPY SUPPLY CHAIN - THERE I GO WITH SLOPPY - A RECKLESS SUPPLY CHAIN.

AND IT IS, AGAIN, THE SAME CASE HERE. SO, YES, IT IS TO ADDRESS THE

SUPPLY, BUT THIS IS NOT A STANDALONE. WE HAVE MANY OTHER MEASURES

THAT WE ARE ADOPTING HERE TONIGHT AND MANY OTHER MEASURES THAT WE

HAVE ADOPTED OVER THE LAST FEW YEARS. AND WHILE WE'VE SEEN A MASSIVE

SPIKE IN CRIME AND IN GUN VIOLENCE THIS LAST YEAR, GENERALLY, THERE IS --

AND THERE'S BEEN GREAT DATA ON THIS -- GENERALLY WE HAVE ONE OF THE SAFER

STATES FOR GUN VIOLENCE BECAUSE OFTEN THE TOUGHER THE GUN LAWS --

THERE'S AN INVERSE RELATIONSHIP. THE TOUGHER THE GUN LAWS, THE LESS THE

GUN VIOLENCE. AND SO WE DO KNOW THROUGH DEMONSTRATED DATA OVER THE

LAST FEW DECADES THAT IT DOES HELP TO STEM GUN VIOLENCE WHEN WE HAVE

STRONGER GUN PROTECTIONS.

MR. SMULLEN: ALL RIGHT. I GUESS THAT'S -- THAT'S

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CERTAINLY DEBATABLE. BUT JUST TO SUMMARIZE, IN ORDER TO PREVENT

CRIMINALS FROM COMMITTING CRIMES WITH GUNS THAT ARE PRIMARILY ILLEGAL,

AND WE -- WE WENT THROUGH THE NUMBERS IN -- IN THE PREVIOUS PARTS OF

OUR BILLS AND OUR DEBATE TONIGHT -- WE'RE GOING TO GO -- WE'RE GOING TO

GO AFTER LEGAL MEMBERS OF THE ENTIRE GUN INDUSTRY TO TRY TO TARGET SOME

BAD ACTORS IN A -- IN A SMALL NUMBER TO -- TO DO THAT. SO WE'RE GOING TO

TRAMPLE ON THE RIGHTS OF MANY IN ORDER TO REDUCE THE NUMBER OF GUNS

WHEN, IN FACT, IT MAY NOT EVEN WORK AT ALL SORT OF THING.

SO, I REALLY APPRECIATE YOUR -- YOUR TIME IN -- IN

ANSWERING QUESTIONS HERE TONIGHT.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SMULLEN: SO, WHAT -- WHAT THE SPONSOR HAS IN

MIND IS AN INDIRECT APPROACH TO A DIRECT PROBLEM. THE PROBLEM IS

CRIMINALS COMMITTING CRIMES WITH GUNS. BUT WE'RE GOING TO GO AFTER

THE SUPPLY CHAIN IN AN INDIRECT FASHION THAT MAY OR MAY NOT HAVE ANY

CORRELATION TO RESULTS. AND I JUST -- I JUST SAY AGAIN, THIS IS AN EXAMPLE

OF A DEATH BY A THOUSAND CUTS STRATEGY ON LEGITIMATE LAW-ABIDING GUN

OWNERS WHO FOLLOW THE -- THE RULE OF LAW, WHO ARE RESPONSIBLE

MEMBERS OF THEIR COMMUNITY AND WHO OWN GUNS FOR VARIOUS PURPOSES

TO INCLUDE HUNTING, PERSONAL PROTECTION, COLLECTING, AND WE'RE GOING TO

MAKE IT HARDER AND HARDER ON THEM. IN FACT, WE'RE GOING TO MAKE IT

HARDER ON EVEN THE PEOPLE THAT MANUFACTURE AND DISTRIBUTE THOSE GUNS

LEGALLY IN NEW YORK STATE. PROBABLY SO MUCH SO THAT THEY'RE GOING TO

CHOOSE TO GO ELSEWHERE WHERE THEY'RE MORE WELCOME. AND THAT'S --

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THAT'S A REAL SHAME BECAUSE MANY OF THOSE PEOPLE HAVE BEEN MAKING

THOSE FIREARMS LEGALLY FOR -- FOR GOOD PURPOSES TO SUPPORT THE SECOND

AMENDMENT IN MY DISTRICT. AND THEY DON'T TAKE IT KINDLY OR LIGHTLY THAT

-- THAT THEIR RIGHTS WHICH ARE ACTUALLY ENSHRINED IN NOT ONLY THE

CONSTITUTION BUT IN SPECIFIC FEDERAL LAW, ARE NOW JUXTAPOSED AGAINST AN

IDEOLOGY OF GUN CONTROL THAT HAS NO BEARING WHATSOEVER ON THE VAST

MAJORITY OF THE AREAS OF NEW YORK STATE.

FOR THAT REASON AND FOR MANY OTHERS I'LL BE OPPOSING

THIS LEGISLATION AND URGE ALL OF MY COLLEAGUES TO THINK THIS THROUGH ON A

BIPARTISAN LEVEL. IF -- IF THIS WAS A LAW BEING PASSED TO TARGET YOU, WHAT

WOULD YOU THINK ABOUT IT IF IT WERE SOME OTHER ISSUE? MR. SPEAKER,

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. TAGUE.

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

SPONSOR YIELD FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. TAGUE: THANK YOU. AND THANK YOU, MS. --

MS. FAHY. JUST -- I'D LIKE YOU TO CLARIFY FOR ME AGAIN, BECAUSE I'M

HAVING TROUBLE WRAPPING MYSELF AROUND THIS. IN WHAT SCENARIO WOULD A

GUN SHOP OWNER OR A MANUFACTURER BE RESPONSIBLE?

MS. FAHY: KEEP IN MIND THAT THIS BILL DOES NOT

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GUARANTEE A FAVORABLE JUDGMENT. IT JUST -- JUST BECAUSE SOMEBODY HAS

BEEN HARMED BY A GUN. THIS IS A CIVIL LIABILITY. THIS IS OPENING UP THE

DOOR FOR CIVIL LIABILITY CASES UNDER THE NUISANCE LAW -- PUBLIC NUISANCE

LAW. CIVIL CASES ARE EXTREMELY FACT-BASED, SO ANY SUIT BROUGHT UNDER

THIS WOULD HAVE TO DEMONSTRATE A PREPONDERANCE OF EVIDENCE THAT THE

GUN INDUSTRY, OR, YOU KNOW, IN THIS CASE A PARTICULAR ACTOR CREATED AN

UNTENABLE RISK OF HARM THAT LED TO THE VIOLATION OF A PUBLIC NUISANCE SET

FORTH IN THIS BILL. SO, I -- I GAVE A COUPLE OF EXAMPLES EARLIER AND I'M

HAPPY TO -- TO REITERATE THOSE AGAIN. FOR INSTANCE, WHERE A DEALER OR

GUN STORE HAD LAXED PHYSICAL SECURITY MEASURES THAT MAY -- THAT DID NOT

PREVENT THEFTS, SUCH AS SECURE STORAGE PLACES OR ALARMS -- SERIOUS ALARM

SYSTEMS, VIDEO SURVEILLANCE OF AND A RECORDING OF THE SALES, THE TRAINING

OF RETAILERS AND EMPLOYEES TO IDENTIFY STRAW PURCHASERS OR THOSE IN

CRISIS OR IN DANGER, IF YOU WILL, AND ENSURING RECORDKEEPING OF ALL

TRANSACTIONS AS WELL AS MONITORING INVENTORY AND SHIPMENTS, AND AS

WELL AS TRACING DATA. SO, IT IS -- IT IS INTENDED TO HELP MAKE SURE THAT

THERE IS A -- A VIGILANCE WITHIN THE INDUSTRY TO -- TO MONITOR THEMSELVES

AND TO MAKE SURE THAT MANUFACTURERS OR DEALERS ARE DEALING WITH

LEGITIMATE STOREOWNERS OR OTHER DISTRIBUTORS.

MR. TAGUE: OKAY. LET ME ASK YOU THIS QUESTION.

DO YOU KNOW HOW MANY PEOPLE WERE KILLED IN THE UNITED STATES LAST

YEAR BY ILLEGAL GUNS AND HOW MANY PEOPLE WERE KILLED IN THE UNITED

STATES LAST YEAR IN AUTOMOBILE ACCIDENTS?

MS. FAHY: UM, I -- I HAD -- BY ILLEGAL GUNS, I DON'T

HAVE THE NUMBER IN FRONT OF ME, BUT IT IS -- IT'S IN THE TENS OF THOUSANDS.

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AND YES, AUTOMOBILES ARE -- ARE STILL -- IT'S STILL A HIGHER NUMBER OF

THOSE KILLED IN AUTOMOBILES.

MR. TAGUE: WELL, LISTEN, WITH ALL DUE RESPECT, I

APPRECIATE YOU ANSWERING MY QUESTIONS. I HAVE A LOT OF RESPECT FOR

YOU. I COMPLETELY DISAGREE WITH YOU ON THIS BILL, BUT WE'VE WORKED

TOGETHER ON OTHER -- ON OTHER THINGS AND I DO DISAGREE WITH YOU THAT THIS

ISN'T AN ATTACK ON THE SECOND AMENDMENT. BUT AGAIN, I APPRECIATE

YOUR TIME, THE RESPECT AND THE ANSWERS.

ON THE BILL, MR. SPEAKER.

MS. FAHY: THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

TAGUE.

MR. TAGUE: YOU KNOW, THIS REALLY BRINGS TO

QUESTION LAWSUITS ACROSS THE COUNTRY. THIS WILL SET A PRECEDENCE

REGARDLESS OF WHAT -- HOW IT'S IN THE BILL OR NOT, WHENEVER THERE'S AN

INCIDENT WE'LL NOW BE SUING MANUFACTURERS -- GUN MANUFACTURERS AND

GUN SHOP OWNERS. THIS IS -- THIS IS THE EXACT PROBLEM THAT'S RUNNING

RAMPANT IN OUR COUNTRY. SO I ASK THE QUESTION, IF YOU BUY A VEHICLE AND

YOU GO OUT AND DRIVE DRUNK AND YOU -- AND YOU END UP IN AN ACCIDENT,

ARE YOU GOING TO TURN AROUND AND SUE THE MANUFACTURER OF THE CAR?

WE'RE JUST GETTING CARRIED AWAY WITH THIS. IT'S RIDICULOUS.

FOR THOSE REASONS, I'LL BE VOTING IN THE NEGATIVE AND I

URGE MY COLLEAGUES TO DO THE SAME. LET'S PUT SOME COMMON SENSE

BEHIND THESE BILLS, NUMBER ONE. AND SECONDLY, WHAT ABOUT PERSONAL

RESPONSIBILITY? PERSONAL RESPONSIBILITY TO BE A GUN OWNER, TO DRIVE A

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VEHICLE, TO DO ALL THOSE TYPES OF THINGS TAKE PERSONAL RESPONSIBILITY.

WE CANNOT LEGISLATE COMMON SENSE AND PERSONAL RESPONSIBILITY.

AGAIN, I'LL BE VOTING IN THE NEGATIVE, URGE MY COLLEAGUES TO DO THE

SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. LEMONDES.

MR. LEMONDES: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: HAPPY TO.

ACTING SPEAKER AUBRY: MS. FAHY YIELDS.

MR. LEMONDES: THANK YOU. I HEARD SEVERAL TIMES

DURING THIS DEBATE THE WORD "BAD ACTORS" AND "RECKLESS ENDANGERMENT",

ET CETERA AS A STANDARD THAT WOULD HAVE TO BE PROVEN. THERE'S ONE WORD

OF EVERYTHING IN THE -- IN THE -- IN THE BILL THAT BOTHERS ME THE MOST, AND

THAT IS THE WORD "PERSON." WHEN YOU -- WHEN YOU WALK INTO

RESPONSIBILITY FOR THOSE WHO WOULD BE LIABLE UNDER THIS BILL DOWN TO

THE PERSON LEVEL, THAT MAKES ME THINK OF PEOPLE ON ASSEMBLY LINES

WORKING AT THEIR JOB, PERHAPS NOT WELL PAID, BUT HAVING FAMILIES.

GOOD, HARDWORKING NEW YORKERS WORKING AT A JOB THAT THEY BELIEVE IN,

WORKING IN A PLACE THAT IS -- THAT IS PART OF OUR AMERICAN HISTORY THAT

HAS -- AND IN MANY OF THEM RIGHT HERE IN NEW YORK SUPPLIED OUR

MILITARY WITH WEAPONS FOR THEIR ENTIRE EXISTENCE. SO WHEN WE USE THE

WORD -- AND I WANT TO COME BACK TO THE WORDS PERSON, FIRM,

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CORPORATION, COMPANY, PARTNERSHIP, SOCIETY, JOINT STOCK COMPANY OR

ANY OTHER ENTITY OR ASSOCIATION ENGAGED IN THE SALE, MANUFACTURING,

DISTRIBUTION, IMPORTING OR MARKETING OF FIREARMS, ET CETERA, ET CETERA, ET

CETERA. THAT SEEMS VERY ALL -- TOTALLY ENCOMPASSING TO ME THAT THE

INTENT OF THIS IS TO REACH DOWN, GO INTO THE FACTORY, AND -- AND ASSESS

RESPONSIBILITY AND LIABILITY ON INDIVIDUAL WORKERS, AS WELL AS EVERYBODY

ABOVE THEM. IS THAT THE INTENT OF THIS?

MS. FAHY: KEEP -- NO. KEEP IN MIND -- NO. KEEP

IN MIND THAT, AGAIN, IT WOULD HAVE TO BE FACT-BASED. THIS WOULD GO

BEFORE THE COURTS AND THE BILL ITSELF DOES NOT GUARANTEE A FAVORABLE

JUDGMENT. AGAIN, RESPONSIBLE GUN COMPANIES, JUST LIKE RESPONSIBLE

DRUG COMPANIES, HAVE NOT NEEDED SPECIAL PROTECTIONS. IT IS THE

IRRESPONSIBLE ONES, RIGHT? AND IN THE CASE OF A PERSON -- THAT IS IN THE

STATUTE, AS YOU POINT OUT -- IS IN THE BILL, AS YOU POINT OUT, IS -- IT IS A

PERSON WORKING IN A -- IN A DEALER OR IN A DISTRIBUTOR'S SHOP AND THAT

PERSON IS KNOWINGLY OR RECKLESSLY SELLING TO STRAW PURCHASERS OUTSIDE --

OUT THE BACK DOOR OR ON THE SIDE OR WHATEVER THE CASE MAY BE, THERE

COULD BE SOME LIABILITY THERE. AGAIN, ALL OF THIS -- THE FACTS WOULD HAVE

TO BEAR IT OUT. BUT THERE COULD BE SOME LIABILITY, ESPECIALLY IF THE

OWNERS OF THAT DEALERSHIP OR THAT DISTRIBUTOR DID NOT PUT IN THE PHYSICAL

SECURITY MEASURES, THE VIDEO SURVEILLANCE AND THE TRAINING AS WELL AS

OTHER MEASURES. THERE ARE A FEW -- IT IS -- AS IN SO MANY OTHER

INDUSTRIES, THERE ARE A FEW BAD ACTORS. WE'VE MADE GREAT STRIDES, RIGHT?

BUT WE STILL HAVE A FIERCE IRON PIPELINE. SO WE KNOW THAT THERE ARE STILL

RECKLESS PRACTICES UNDERWAY. AND WE ALSO KNOW THAT BECAUSE THE

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PLCAA THAT WAS ADOPTED IN 2005, THE INDUSTRY -- BECAUSE THE INDUSTRY

AS A WHOLE, WHICH INCLUDES THE ENTIRE LIST THAT YOU JUST NAMED, PERSONS

COMPANIES, PARTNERSHIPS, CORPORATIONS AND FIRMS, THEY WERE GRANTED

UNPRECEDENTED IMMUNITY FROM CIVIL LIABILITY. SO BECAUSE OF THAT, WE

ARE NOW TRYING TO SAY THAT WHERE THERE IS A RECKLESS -- A PRACTICE, THEY,

TOO, MAY BE HELD LIABLE. AND WE ALSO KNOW THAT BECAUSE THEY'VE HAD

THIS IMMUNITY THEY HAVE NOT HAD THE INCENTIVES TO PUT IN SERIOUS SAFETY

MEASURES.

MR. LEMONDES: THANK YOU. I -- I -- I WANT TO

UNDERSTAND YOUR PERSPECTIVE, BUT I -- I WANT TO PUT ON THE RECORD I DON'T

AGREE WITH IT ALL.

MS. FAHY: SURE.

MR. LEMONDES: AND I WANT TO POINT OUT THAT THIS,

AMONG MANY OTHER THINGS THAT WE'VE DONE IN THIS CHAMBER, RESULTS IN

CHASING PEOPLE OUT OF NEW YORK STATE. WE'VE LOST 1.5 MILLION PEOPLE

IN THE LAST TEN YEARS. THE EXPANSION OF THE ARMS MANUFACTURER IN ILION,

NEW YORK SEVERAL YEARS AGO THAT DID NOT HAPPEN, WAS ACCEPT -- WAS

TAKEN UP IN ALABAMA. THAT CONTRACT AND THAT BUSINESS WENT TO

ALABAMA. ALABAMA WELCOMED THAT BUSINESS. AND THAT PERIPHERAL

ECONOMIC VALUE OF THAT ONE EXPANSION WAS APPROXIMATELY, IF I

REMEMBER CORRECTLY, IN THE REALM OF $4 MILLION TO THAT LOCAL

COMMUNITY. AND NOT TO MENTION THE NUMBER OF JOBS THAT IT ADDED

LOCALLY. THE -- THAT -- THAT STATE WELCOMED THAT -- THAT EXPANSION.

MS. FAHY: IF I COULD ASK --

MR. LEMONDES: BUT WHEN WE -- WHEN WE COME

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BACK TO THIS AND WE TALK ABOUT BAD ACTORS AND WE TALK ABOUT HOLDING

THEM ACCOUNTABLE WHILE WE WATCHED NEW YORK GET DESTROYED BY RIOTS

OVER THE LAST YEAR, BUSINESSES DESTROYED LEFT AND RIGHT, POLICE OFFICERS

UNABLE TO DO THEIR JOBS, NOT ABLE TO DO WHAT THEY HAVE SWORN THAT THEY

WOULD, NOT ABLE TO PROTECT AND DEFEND BECAUSE PEOPLE DISEMPOWERED

THEM INTENTIONALLY. AND YET WE WANT TO GO AFTER LAW-ABIDING CITIZENS,

HARDWORKING AMERICANS, HARDWORKING NEW YORKERS RIGHT HERE IN OUR

STATE AND TELL THEM THAT THEY'RE DOING SOMETHING BAD.

MS. FAHY: I -- I'M AFRAID I DO DISAGREE ON THAT.

AND AGAIN, THE INTENT OF THIS -- WE -- THE -- THE BEST EXAMPLE -- AND I

KEEP GOING BACK TO IT IS, AGAIN, BECAUSE IT'S SO RECENT WITH THE

PHARMACEUTICAL INDUSTRY. AT ONE POINT MOST OF US WERE RATHER SKEPTICAL

THAT THEY WOULD EVER BE HELD ACCOUNTABLE FOR SOME OF THE PRACTICES.

BUT IT WAS A FEW BAD ACTORS, NOT ALL. AND IT TOOK YEARS OF LITIGATION,

AND SOME OF IT'S STILL IN THE WORKS OF COURSE. AND SO THERE IS A HIGH

STANDARD HERE, A HIGH THRESHOLD. THIS IS NOT TO GO AFTER RESPONSIBLE GUN

COMPANIES AND I THINK THOSE THAT KNOW WHO THEY'RE DEALING WITH, THOSE

THAT -- IF A -- YOU KNOW, IF A STORE IS ONLY PRODUCING OR SHOWING RECORDS

OF 10,000 SALES, YET THEY'RE SUPPLYING THEM 20,000, THERE'S GOT TO BE A

RECONCILING. AND AS I'VE SAID, THIS IS REALLY TO GET AT THAT IRON PIPELINE

THAT WE HAVE BEEN UNABLE TO GET AT FOR THE LAST FEW DECADES, DESPITE ALL

THE EFFORTS - AND THERE HAVE BEEN COUNTLESS EFFORTS HERE - THIS IS THE ONE

AREA THAT WE KNOW HAS MADE THIS MORE CHALLENGING TO GET AT THIS ILLEGAL

FLOW OF GUNS INTO NEW YORK. SO, I DON'T THINK THIS IS TO HURT JOBS IN

NEW YORK STATE. IF ANYTHING, IT IS TO GO AFTER SOME PRACTICES

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OUT-OF-STATE, ALTHOUGH I'M NOT TELLING YOU THAT -- THAT IT WOULD BE

EXCLUSIVELY OUT-OF-STATE BY ANY MEANS.

MR. LEMONDES: YES. THANK YOU. I -- I -- I

UNDERSTAND THAT. BUT WHEN WE TALK ABOUT THE FLOW OF SOMETHING INTO

NEW YORK THAT SHOULDN'T BE, IT MAKES ME THINK OF OUR SOUTHERN BORDER

WHERE THAT WAS JUST OPENED UP. WIDE OPEN FOR DRUGS TO COME THROUGH,

NARCOTICS TO COME THROUGH, WEAPONS TO COME THROUGH, ET CETERA, ET

CETERA, AS WELL AS MILLIONS OF PEOPLE.

SO I APPRECIATE YOUR RESPONSES.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. LEMONDES: DUE TO THE INVASIVE NATURE AND

DETRIMENTAL IMPACTS AND INFRINGEMENT ON THE SECOND AMENDMENT AS

WELL AS THE POTENTIAL IMPACTS TO LEGITIMATE BUSINESSES AND HARDWORKING

NEW YORKERS, I CAN ONLY URGE ALL -- ALL MEMBERS OF THE ASSEMBLY TO

PLEASE VOTE AGAINST THIS, AS I WILL, BECAUSE IT IS TARGETING THE WRONG

PEOPLE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SALKA.

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

SPONSOR YIELD FOR A QUESTION OR TWO?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: CERTAINLY.

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ACTING SPEAKER AUBRY: MS. FAHY YIELDS, SIR.

MR. SALKA: THANK YOU, MS. FAHY. DRUG DEALERS

AREN'T LEGITIMATE BUSINESSES FOR THE MOST PART. THEY -- THEY WANT TO

MAKE A LIVING, AND EACH BUSINESS HAS A PARTICULAR CLASS OF LIABILITY.

YOU NAME IT WITH BUSINESS, IT'S A BUSINESS THAT HAS TO PAY A CERTAIN

AMOUNT OF -- OF LIABILITY INSURANCE. NOW, THIS MIGHT BE SOMETHING THAT

MY COLLEAGUES IN THE INSURANCE INDUSTRY MIGHT BE ABLE TO ANSWER BETTER

THAN YOU MIGHT BE ABLE TO, BUT IT SEEMS TO ME AS WE INCREASE THE RISK

FACTORS TO THESE BUSINESSES, LIKE GUN DEALERS, NOW THAT WE ARE GOING

FORTH, HOPEFULLY IT WON'T, BUT IT LOOKS LIKE WE'RE GOING TO PASS A LAW THAT

WILL INCREASE THEIR LIABILITY BECAUSE NOW THEY'LL BE MORE SUSCEPTIBLE, IF

YOU WILL, TO LAWSUITS. THEIR PROBABILITY OF BEING SUED IS GOING TO BE

HIGHER IF BY THIS LAW WE'RE ALLOWING THAT TO HAPPEN. DO YOU THINK -- I

MEAN, GIVEN THE FACT THAT MOSTLY LIKELY THEIR LIABILITY IS GOING TO GO UP,

DO YOU THINK THAT THERE WILL BE SOME -- MAYBE SOME OF THESE

BUSINESSES ARE GOING TO HAVE TO SAY, WE JUST SIMPLY CAN'T DO BUSINESS

IN NEW YORK STATE ANYMORE BECAUSE OF LIABILITY? THAT SOME WILL, IN

FACT, PROBABLY HAVE TO CLOSE. BECAUSE A LOT OF THESE -- THESE DEALERS ARE

LIKE ANY OTHER BUSINESS, THEIR PROFITS AREN'T EXCEEDINGLY HIGH, THEY'RE

JUST TRYING TO MAKE A LIVING. SO IT SEEMS TO ME AT LEAST THAT IF YOU

INCREASE THE LIABILITY BY ALLOWING THIS TO HAPPEN, THEN SOME OF THOSE

BUSINESSES ARE PROBABLY GOING TO GO UNDER.

MS. FAHY: THIS -- THIS DOESN'T STOP AT THE NEW

YORK STATE BORDER. SO, NO, I -- I -- I DON'T THINK THIS WILL NECESSARILY

HAVE A DIRECT EFFECT ON BUSINESSES RIGHT HERE IN -- IN THIS STATE.

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MR. SALKA: SO I -- I -- I GUESS I DRAW THE ANALOGY

THAT WHEN YOU PAY A CERTAIN AMOUNT OF AUTO INSURANCE, IF YOU'VE BEEN

IN A COUPLE OF ACCIDENTS YOUR RATES ARE GOING TO GO UP, OKAY? OR

MAYBE EVEN IF LIKE FOR INSTANCE WITH YOUNGER PEOPLE, THEIR ODDS ARE

THAT THEY'RE GOING TO BE IN AN ACCIDENT -- THEY MIGHT NOT NECESSARILY

HAVE BEEN IN AN ACCIDENT, BUT THEIR ODDS ARE THEY'RE GOING TO BE IN AN

ACCIDENT SO THEY PAY HIGHER RATES. SO, NOW YOU HAVE A BUSINESS, RIGHT,

THAT SELLS FIREARMS THAT NOW HAS A HIGHER PROBABILITY OF BEING SUED,

SOMETIMES I WOULD IMAGINE THERE WILL BE FRIVOLOUS LAWSUITS WHICH THEY

WILL HAVE TO DEFEND NONETHELESS AND SPEND MONEY ON LAWYERS TO DO IT.

SO BY THAT LAW BEING PASSED, IT INCREASES THEIR LIABILITY NOW. IT MUST.

MS. FAHY: AGAIN, THERE IS A HIGH THRESHOLD HERE.

WE TALKED ABOUT HOW NARROW THIS IS GIVEN HOW BROAD THE FEDERAL

EXEMPTION -- OR HOW BROAD THE -- THE CURRENT IMMUNITY IS. SO, YOU

KNOW -- YOU KNOW, IF THAT'S THE CASE THAT MAY BE ONE SCENARIO. BUT I

DON'T THINK, AGAIN, THIS IS NOT TARGETED AT ANY PARTICULAR NEW YORK STATE

BUSINESSES. IF ANYTHING -- IF ANYTHING, WHAT WE'RE HOPING TO DO IS -- IS

GO AFTER THOSE OUT-OF-STATE BECAUSE THAT'S WHERE WE KNOW, WE KNOW

WE'VE HAD A DECADES-LONG PROBLEM WITH THAT IRON PIPELINE. SO I --

MR. SALKA: BUT --

MS. FAHY: AND AGAIN, KEEP IN MIND THE -- YOU

KNOW, I'VE USED THE PHARMACEUTICAL ANALOGY, BUT -- BUT WHEN -- YOU

KNOW, WE'VE DONE THIS WITH POLLUTION AS WELL, RIGHT? WHEN WE SEE A

COMPANY THAT HAS DUMPED SERIOUS POLLUTANTS - A COMPANY IN IOWA -

INTO THE MISSISSIPPI RIVER, THEY HAVE NOT BEEN IMMUNE JUST BECAUSE

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THE POLLUTION OR THE -- THE RAMIFICATIONS OF THAT END UP IN LOUISIANA OR

-- OR MISSISSIPPI. SO -- SO, THERE IS -- AGAIN, IN OTHER INDUSTRIES THERE IS

NOT THIS BLANKET IMMUNITY THAT WE HAVE SEEN SINCE 2005 IN THE GUN

INDUSTRY.

MR. SALKA: SO WHAT YOU'RE SAYING IS THAT DEALERS

IN NEW YORK STATE WILL NOT BE LIABLE OR WILL NOT BE HELD LIABLE IN A

LAWSUIT. IN OTHER WORDS -- AND LET'S SAY, FOR INSTANCE, YOU HAVE DEALER

A AND HE -- YOU KNOW, IT WAS NOW AN OFFENSE UNDER THIS LAW AND HE

GETS SUED FOR $10 MILLION AND THE INSURANCE COMPANY HAS TO PAY THE

$10 MILLION OR WHATEVER THEY DECIDE TO PAY. INSURANCE COMPANIES ARE

BUSINESSES. THEY'RE GOING TO HAVE TO DISTRIBUTE THOSE EXPENSES

THROUGHOUT ALL THEIR CLIENTS. SO, IT'S INEVITABLY GOING TO DRIVE -- DRIVE

UP LIABILITY RATES BECAUSE SOMEBODY'S GOING TO GET SUED. SO INEVITABLY

IT'S GOING TO DRIVE UP LIABILITY RATES FOR ALL THE DEALERS.

MS. FAHY: BUT KEEP IN MIND, AGAIN, THE BILL DOESN'T

GUARANTEE ANY TYPE OF FAVORABLE JUDGMENT. CIVIL CASES ARE -- HAVE

BEEN EXTREMELY -- THEY'RE MORE CHALLENGING, THEY ARE -- THEY ARE

DEFINITELY FACT-BASED. AGAIN, THERE WOULD HAVE TO -- THERE WOULD HAVE

TO BE A DEMONSTRATION OF A PREPONDERANCE OF EVIDENCE THAT A GUN

INDUSTRY MEMBER OR ACTOR OR ANY OF THOSE THAT YOU DESCRIBED HAD

CREATED THIS UNTENABLE RISK OF HARM THAT LED TO THE VIOLATION OF THE

PUBLIC NUISANCE LAW THAT WE HAVE SET FORTH IN THIS BILL. SO, THIS IS --

BELIEVE ME, IF I THOUGHT THAT THIS WOULD LEAD TO A PROLIFERATION OF

LAWSUITS AND PUT EVERY GUN DEALER IN NEW YORK STATE OUT OF BUSINESS, I

WOULD SAY IT, BECAUSE I -- YOU KNOW, I -- BUT THAT'S NOT THE CASE. THIS IS

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A VERY NARROW PROVISION TO GO AFTER WHAT HAS BEEN A PERSISTENT AND

SERIOUS PROBLEM FOR DECADES IN THIS STATE DESPITE, DESPITE THE YEARS OF

LEGISLATION AND -- AND DESPITE HOW AGGRESSIVE -- AND I'M QUITE PROUD TO

HAVE BEEN A PART OF THAT -- DESPITE HOW AGGRESSIVE WE HAVE BEEN TO GET

GUNS OFF THE STREETS. THIS IS ONE AREA WE HAVE NOT BEEN SUCCESSFUL ON

BECAUSE OF THIS UNPRECEDENTED IMMUNITY THAT THE GUN INDUSTRY HAS HAD.

MR. SALKA: AND -- AND ONE OTHER QUESTION OR

STATEMENT THAT I -- I FOUND SOMEWHAT PERPLEXING IS THAT YOU MADE A

STATEMENT THAT THERE'S AN INVERSE RELATIONSHIP BETWEEN GUN LAWS AND THE

NUMBER OF GUN DEATHS. NOW, IF YOU LOOK AT THE CITY OF CHICAGO, SOME

OF THE MOST RESTRICTIVE GUN LAWS IN THE COUNTRY. NEW YORK CITY, SPIKE

IN GUN DEATHS, GUN CRIME, SOME OF THE MOST RESTRICTIVE LAWS. LOS

ANGELES. SOME OF THESE CITIES THAT HAVE -- SOME OF THE -- AND STATES

THAT HAVE SOME OF THE MOST RESTRICTIVE GUN LAWS, IN FACT, HAVE HIGHER

THAN AVERAGE GUN VIOLENCE AND DEATHS. SO I -- I'M NOT SURE WHETHER OR

NOT I'M COMFORTABLE WITH -- WITH THAT STATEMENT THAT THERE WAS AN

INVERSE RELATIONSHIP HERE --

MS. FAHY: IT'S --

MR. SALKA: -- BECAUSE MORE LAWS, LESS -- LESS

VIOLENCE.

MS. FAHY: AS I -- AS I MENTIONED, THAT'S NATIONAL

DATA. AND NEW YORK STATE -- NEW YORK CITY, BY THE WAY, I -- I DON'T

HAVE THE CURRENT DATA FOR THIS YEAR, BUT PRIOR TO THIS YEAR WHEN WE HAVE

SEEN AN EXPLOSION IN GUN VIOLENCE, NEW YORK CITY ACTUALLY WAS

CONSIDERED ONE OF THE SAFER CITIES IN THIS COUNTRY WITH -- WITH GUN

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VIOLENCE, AGAIN, GIVEN ITS SIZE. AND YES, STATISTICALLY THERE HAS BEEN AN

INVERSE RELATIONSHIP WHERE THOSE STATES, AND IT'S -- IT'S STATEWIDE DATA,

BUT STATES WITH THE TOUGHEST GUN LAWS HAVE GENERALLY HAD THE LOWEST

LEVELS OF GUN VIOLENCE. AND THIS IS PARTICULARLY TRUE WITH -- IN DOMESTIC

VIOLENCE SITUATIONS. AND -- AND THAT'S -- THAT'S WHERE WE -- WE SEE A LOT

OF THIS. BUT -- BUT THAT IS NATIONAL DATA AND IT IS DONE ON A STATEWIDE

BASIS. BUT STATES, AGAIN, THAT HAVE THE HIGHEST -- THAT HAVE THE TOUGHEST

GUN LAWS OFTEN HAVE THE LOWEST GUN VIOLENCE. I -- I DON'T HAVE -- YOU

KNOW, IT'S -- AS WE KNOW, THESE LAST THREE MONTHS OR MORE HAS LED TO

EXPLOSIVE GROWTH IN GUN VIOLENCE ACROSS THE COUNTRY. I DON'T HAVE THE

MOST RECENT DATA FOR THAT, BUT I WILL SAY NEW YORK CITY HAS HAD

CERTAINLY ITS SHARE OF GUN VIOLENCE ESPECIALLY THESE LAST FEW MONTHS

WHERE THERE HAS BEEN A VERY SERIOUS UPTICK -- UPTICK IN VIOLENCE. BUT

AGAIN WE KNOW FROM OTHER STUDIES THAT THE VAST MAJORITY OF THOSE GUNS

ARE ILLEGAL GUNS COMING UP THIS PIPELINE. AND THAT'S SO -- SO AS

AGGRESSIVE AS WE HAVE BEEN, QUITE FRANKLY, IT'S BEEN FRUSTRATING TO THINK

THAT WE CAN PASS ALL THE LAWS WE WANT BUT WE'RE STILL NOT STEMMING THE

FLOW OF ILLEGAL GUNS INTO THIS STATE.

MR. SALKA: THANK YOU, MS. FAHY --

MS. FAHY: THANK YOU.

MR. SALKA: -- AND I APPRECIATE ANSWERS.

MS. FAHY: THANK YOU.

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

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SALKA: MR. SPEAKER, FOR THE PAST PROBABLY

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25-30 YEARS, WE'VE SEEN A SYSTEM -- SYSTEMATICALLY -- WE HAVE SEEN A

SYSTEMATIC DISMANTLING OF OUR SECOND AMENDMENT RIGHTS. AND I AGREE

WITH MY COLLEAGUES WHO HAVE SAID THE ANALOGY HERE IS DEATH BY A

THOUSAND CUTS. YOU DON'T OUTRIGHT THE GUN -- BAN THE GUN, BUT YOU BAN

THE AMMO. OR YOU DON'T OUTRIGHTLY TRY TO CONFISCATE WEAPONS, YOU CAN

-- YOU DO VOLUNTARY BUYBACKS, WHICH TO ME IS JUST A ROAD TO

CONFISCATION, ALL RIGHT? YOU WANT TO MAKE SURE THAT THE GUNS ARE

REGISTERED, UNIVERSAL GUN REGISTRATION SO THAT THE GOVERNMENT KNOWS

WHATEVER YOU'VE -- YOU'VE GOT. IT -- IT'S, YOU KNOW, OVER THE -- OVER THE

PAST VERY SHORT AMOUNT OF TIME, IN THIS CHAMBER WE'VE SEEN THE

SYSTEMATIC DISMANTLING OF THE JUDICIAL PROCESS, OF THE ELECTORAL PROCESS

AND NOW THE SECOND AMENDMENT RIGHTS THAT WE HAVE AS NEW YORKERS

AND AMERICAN CITIZENS.

SO, I HAVE A REAL ISSUE WITH THIS BILL. I'LL BE VOTING IN

THE NEGATIVE ON IT AND I WOULD URGE MY COLLEAGUES TO DO THE SAME.

THANK YOU.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD JUST FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: CERTAINLY.

MR. MANKTELOW: THANK YOU, MS. FAHY. I

CONTINUALLY HEAR YOU TALK ABOUT THE IRON PIPELINE. COULD YOU TELL ME

AGAIN WHAT THAT IS?

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MS. FAHY: IT IS CONSIDERED TO BE -- PARTICULARLY IN

NEW YORK IT'S -- IT'S CONSIDERED TO BE THE -- THE ILLEGAL FLOW OF GUNS

COMING IN FROM OUT-OF-STATE, PARTICULARLY STATES TO THE SOUTH OF US,

COMING UP THE I-95 OFTEN AND INTO -- INTO NEW YORK. AND THE VAST

MAJORITY OF GUNS THAT ARE USED IN -- IN HOMICIDES HAVE BEEN GUNS THAT

ARE -- WELL, THE LAST DATA THAT WE HAVE IS FROM 2015 WHERE THE ATTORNEY

GENERAL SAID OVER 74 PERCENT OF FIREARMS THAT ARE RECOVERED IN VIOLENT

SHOOTINGS OR CRIMES IN NEW YORK STATE HAVE BEEN ILLEGALLY TRAFFICKED

FROM OTHER STATES. SO THAT -- THAT IS WHAT WE ARE REFERRING TO AS THE IRON

PIPELINE.

MR. MANKTELOW: OKAY, THANK YOU. AND EARLIER

YOU HAD SAID SOMETHING ABOUT BAD DEALERS.

MS. FAHY: YES. WHO ARE RECKLESS -- YOU KNOW,

THOSE WHO -- YES, THOSE WHO KNOWINGLY ARE -- ARE RECKLESSLY, YOU

KNOW, TURN -- TURN THE OTHER WAY.

MR. MANKTELOW: OKAY. AND WHAT -- WHAT WAS

THAT PERCENTAGE? WAS IT 5 PERCENT? IS IT -- DID I REMEMBER THAT RIGHT?

MS. FAHY: THAT WAS ROUGHLY -- AGAIN, THESE ARE

ROUGH -- IT'S ROUGH DATA BECAUSE THE NUMBERS ARE -- ARE HARD TO MEASURE

HERE. BUT THE BRADY CENTER ESTIMATES THAT ROUGHLY 5 PERCENT OF GUN

DEALERS SUPPLY OVER 90 PERCENT OF THE ILLEGAL GUNS IN -- IN NEW YORK

STATE. SO THAT -- THAT IS THEIR ESTIMATE BASED ON SOME PREVIOUS NATIONAL

DATA.

MR. MANKTELOW: SO -- SO OF THOSE 5 PERCENT OF

THE DEALERS, HOW MANY OF THOSE ARE IN NEW YORK STATE?

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MS. FAHY: THEY HAVE -- THEY HAVE SAID IT IS -- THEY

THINK IT IS A -- A FEW, AND THEY THINK IT'S MOSTLY OUT-OF-STATE. AGAIN, IT'S

TO -- TO GET AT THAT -- THAT OUT OF -- THAT IRON PIPELINE. WE'VE -- WE'VE --

AS YOU KNOW THROUGH MANY MEASURES THAT HAVE BEEN PASSED ALMOST

EVERY YEAR HERE, WE HAVE SOME OF THE VERY TIGHT SECURITY MEASURES THAT

YOU HEARD ME DESCRIBE THAT ARE NOT NECESSARILY FOUND IN OTHER STATES.

SOME OF THE PHYSICAL SECURITY, THE STORAGE, THE VIDEO SURVEILLANCE, THE

TRAINING. WE PASSED A NUMBER OF THINGS ABOUT TRAINING RETAILERS AND

RETAIL EMPLOYEES. WE'VE DONE A LOT OF THAT HERE. SO, IT'S -- I'M NOT --

I'M NOT TELLING YOU THIS WOULD ONLY BE OUT-OF-STATE. I'M NOT GOING --

I'M NOT TRYING TO MISLEAD ANYBODY, BUT I AM TRYING TO SAY WHAT -- WHAT

THE -- THE GOAL IN THIS HAS BEEN FOR ME, IS TO GET AT THIS VERY MADDENING

PIPELINE.

MR. MANKTELOW: SURE, ABSOLUTELY. AND MAYBE

I DIDN'T HEAR YOU RIGHT OR MAYBE I -- I MISSED IT. SO, OF THOSE -- OF

THOSE BAD DEALERS, APPROXIMATELY, AGAIN, HOW MANY ARE IN NEW YORK?

MS. FAHY: THEY -- IT'S -- IT'S -- THEY HAVE NOT PUT A

PRECISE NUMBER ON THAT. THEY THINK IT IS A FEW, BUT HOW YOU WOULD

DEFINE FEW I'M -- I -- I HAVE NOT GOTTEN A SPECIFIC NUMBER ON THAT. BUT

-- BUT AGAIN, IT IS -- IT IS A -- THE BOTTOM LINE, IT IS A VERY SMALL

PERCENTAGE. IT -- AND THIS IS COMING FROM THE -- SOME OF THE NATIONAL

ADVOCATES, A SMALL PERCENTAGE CREATING A MONSTROUS PROBLEM.

MR. MANKTELOW: ABSOLUTELY. OF THE ONES IN

NEW YORK STATE THAT WE KNOW OF, HOW -- HOW MANY OF THOSE DEALERS

HAVE BEEN SHUT DOWN?

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MS. FAHY: IN NEW YORK STATE I HAVE -- I DON'T

KNOW OF ANY PARTICULAR DEALERS IN NEW YORK STATE THAT ARE THE TARGET OF

THIS AT THIS TIME. I'M NOT -- AGAIN, I'M NOT TRYING TO MISLEAD. I'M NOT

SAYING THERE IS ANYTHING THAT MIGHT NOT BE TIED UP IN THIS.

MR. MANKTELOW: SO --

MS. FAHY: I KNOW REMINGTON A NUMBER OF YEARS

AGO WAS SUED ON -- I THINK AFTER SANDY HOOK. BUT -- BUT I -- BUT AT THIS

POINT, NO, THERE'S NO PARTICULAR TARGET OF THIS LEGISLATION FOR ANY DEALER

IN NEW YORK AT THIS TIME. THAT DOESN'T MEAN THAT THERE WOULDN'T BE IN

THE FUTURE.

MR. MANKTELOW: OKAY. YOU -- YOU TALK ABOUT

REMINGTON BEING SUED, BUT I'M JUST TALKING ABOUT THE DEALERS.

MS. FAHY: THAT WAS A NUMBER OF YEARS AGO AND THAT

WAS AFTER SANDY HOOK.

MR. MANKTELOW: SO, RIGHT NOW IF I -- IF I'M

CORRECT, WE KNOW OF NO BAD DEALERS IN NEW YORK STATE, CORRECT?

MS. FAHY: I, AGAIN, I -- I DON'T -- THERE IS NO

PARTICULAR TARGET OF THIS LEGISLATION TO ANY PARTICULAR DEALER IN NEW

YORK STATE, BUT I -- I'M NOT HERE TO MISLEAD ANYBODY. THAT DOESN'T

MEAN -- THAT DOESN'T MEAN THAT THERE ARE -- THERE MIGHT BE A PRACTICE

THAT COULD ULTIMATELY LEAD TO A SUIT. THERE'S A -- RIGHT, AGAIN, THERE'S A

VERY HIGH THRESHOLD THAT WOULD HAVE TO BE DEMONSTRATED IN COURT.

MR. MANKTELOW: YEAH, I -- I'M MORE CONCERNED

ABOUT IF WE DO HAVE BAD APPLES HERE IN NEW YORK, LET'S GET THEM OUT,

FIRST OF ALL.

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MS. FAHY: I APPRECIATE THAT.

MR. MANKTELOW: BUT WOULD THIS PIECE OF

LEGISLATION WHERE ABOUT 90 PERCENT OF THE ILLEGAL GUNS ARE COMING FROM

OUT OF NEW YORK STATE, HOW -- HOW DOES THIS BILL ADDRESS STOPPING

THOSE ILLEGAL GUNS COMING FROM OUT-OF-STATE?

MS. FAHY: BECAUSE THEY'D BE -- THEY'D BE -- THEY

COULD POTENTIALLY BE LIABLE AND -- FOR NOT HAVING ANY OF THE SAFEGUARDS

THAT I'M HAPPY TO REITERATE AGAIN.

MR. MANKTELOW: NO --

MS. FAHY: SO, FOR INSTANCE, IF THEY'RE -- IF THEY'RE

NOT MONITORING THE PRACTICES, IF THERE IS A MANUFACTURER WHO IS SELLING

TO A DEALER WHO IS ONLY SHOWING, AGAIN, 10,000 GUNS BEING SOLD ON THE

BOOKS, YET THEY'RE DELIVERING THEM 20,000 A YEAR AND THEY'RE NOT

RECONCILING THOSE NUMBERS, THERE MAY BE STRAW PURCHASES THAT THEY'RE

NOT FOLLOWING UP ON. AND IT'S -- AGAIN, IT'S SIMILAR TO THE

PHARMACEUTICAL COMPANIES WHERE, YOU KNOW, THERE WAS A LOOKING OF

THE OTHER WAY, THERE WERE BED -- AND -- AND THERE WERE RECKLESS

PRACTICES THAT HELPED TO FUEL THE OPIOID CRISIS AND -- AND ULTIMATELY THEY

ARE BEING HELD ACCOUNTABLE FOR THAT. AND THIS THE SAME TYPE OF

ACCOUNTABILITY MEASURES -- OR A SIMILAR TYPE OF ACCOUNTABILITY MEASURES

THAT WE ARE LOOKING FOR HERE.

MR. MANKTELOW: OKAY. I -- MY ONLY CONCERN IS,

I'M NOT SURE WHAT THE MECHANICS WILL BE FOR NEW YORK STATERS OR NEW

YORK TO GO AFTER THESE BAD DEALERS OR THESE BAD PEOPLE OUTSIDE OF NEW

YORK STATE. HOW -- HOW -- ARE WE GOING TO GO TO ANOTHER STATE AND

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INDICT THEM? ARE WE GOING TO -- HOW -- HOW DOES THAT WORK?

MS. FAHY: SO, IF THERE IS A CRIME -- I MENTIONED A

COUPLE HERE JUST IN -- IN ALBANY JUST IN THE LAST FEW MONTHS WHERE THE

GUNS WERE -- ONE WAS FROM SOUTH CAROLINA, ANOTHER ONE WAS FROM

ALABAMA. WE DON'T HAVE ALL THE FACTS OF THOSE CASES. THEY'RE VERY,

VERY RECENT. BUT IF IT -- IF IT CAN BE DEMONSTRATED, AGAIN, IN A COURT OF

LAW THAT THEY WERE UNLAWFULLY BROUGHT HERE AND USED TO SHOOT AND KILL

TWO YOUNG PEOPLE HERE THAT WE -- WE KNOW WERE SHOT AND KILLED ON THE

STREETS OF ALBANY HERE, MY HOMETOWN, THEY COULD POTENTIALLY BE LIABLE.

SO AGAIN, THE INCIDENT MAY HAVE OCCURRED HERE ON THE STREETS HERE OR

ELSEWHERE IN THE STATE, BUT THERE WOULD HAVE TO BE THE -- THE FACTS AND

THE EVIDENCE BROUGHT FORWARD IN ORDER TO -- TO SHOW THAT THE -- THAT THE

GUN INDUSTRY HAD -- IN THIS CASE, YOU KNOW, IN THIS CASE A DEALER IN --

CLEARLY IN SOUTH CAROLINA OR ALABAMA, THAT THEY ACTED IN SOME TYPE OF

RECKLESS -- KNOWINGLY ACTED IN A -- IN A RECKLESS MANNER THAT HELPED A

FEW OF THOSE GUNS TO BE -- END UP ON THE STREETS HERE WITH THE DEATHS OF

A COUPLE OF A YOUNG PEOPLE, I'M AFRAID. BUT THAT -- THAT WOULD BE THE

TIE-IN. OBVIOUSLY THERE WOULD HAVE TO BE SOME -- SOME INCIDENT HERE

IN -- IN NEW YORK STATE THAT WOULD LEAD TO THE TRACING OF -- OF

PROBLEMATIC PRACTICES, EITHER BY A MANUFACTURER OR A DEALER.

MR. MANKTELOW: OKAY. BECAUSE I WOULD THINK

THAT IF I WAS GOING TO COME TO NEW YORK STATE AS A BAD PERSON AND --

AND DO A CRIME, PROBABLY THE FIRST THING I'M GOING TO DO WOULD BE TO --

TO FILE OFF THE SERIAL NUMBER SO THEY CAN'T TRACE IT BACK. AND I'M JUST

WONDERING, YOU KNOW, OF THE 90 PERCENT OF THE -- OF THE GUNS COMING

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HERE ILLEGALLY, YOU KNOW, HOW MANY OF THEM HAVE SERIAL NUMBERS?

HOW ARE -- I'M JUST -- I'M JUST NOT SURE OF THE MECHANICS. THAT'S ALL.

MS. FAHY: THAT'S -- THAT'S ANOTHER WHAT WE WOULD

HOPE WOULD BE SOMEWHAT OF AN INDIRECT GOAL OF THIS LEGISLATION, IS THAT

-- THAT IT WOULD HELP TO INCENTIVIZE MANUFACTURERS AND DEALERS TO PUT IN

MORE SAFETY MEASURES. AND AS YOU KNOW, THERE IS TECHNOLOGY THAT CAN

BE USED AND IT HAS BEEN DISCUSSED HERE ON THE FLOOR ABOUT MAKING THAT

HARDER TO SCRAPE OFF SERIAL NUMBERS OR ADDING IN MICRO -- MICRO --

THROUGH THE USE OF MICROSTAMPING OR -- OR OTHER MEASURES THAT COULD

LEAD TO BETTER TRACING AND BETTER TRACKING OF GUNS. SO, AGAIN, WE WOULD

HOPE THAT THIS WOULD LEAD TO SAFER PRECAUTIONS AND INCENTIVIZE THAT TO

PREVENT LAWSUITS. WE WANT GOOD PRACTICES. THIS IS NOT TO -- THIS IS --

THIS DOES NOT AFFECT AN INDIVIDUAL OWNER. THIS DOES NOT AFFECT AN

INDIVIDUAL'S LEGAL RIGHTS TO BUY A LAWFUL GUN. THAT IS NOT THE GOAL OF

THIS LEGISLATION AT ALL. AND AS I'VE SAID, I'VE SPONSORED MEASURES HERE

THAT HAVE EXPANDED AND -- AND AUTHORIZED HUNTING AND -- HERE IN -- IN

THE COUNTY OF ALBANY. SO THAT IS NOT THE GOAL OF THIS LEGISLATION. IT IS

-- IT IS TO HELP INCENTIVIZE BETTER PRACTICES.

MR. MANKTELOW: AND I THINK FROM THE

MANUFACTURING STANDPOINT AND THE -- THE REPUTABLE PLACES OF SALES AND

GUN DEALERS, I THINK THEY ARE DOING THE RIGHT THING. I'M JUST -- I'M JUST

AFRAID THAT SOMEHOW THE MANUFACTURER IS GOING TO BE HELD LIABLE FOR

SOMETHING THAT'S TOTALLY OUT OF -- OUT OF THEIR CONTROL. IF I SELL YOU A

GUN, I'M THE MANUFACTURER, I SELL IT TO YOU, MS. FAHY, AND FOR SOME

REASON SOMEBODY TAKES THEIR GUN AND GOES TO KILL SOMEBODY, THAT'S NOT

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YOUR FAULT, THAT'S NOT MY FAULT, THAT'S THEIR FAULT. AND THERE'S A POINT

WHERE, AS SOME OF MY COLLEAGUES HAVE SAID, THERE -- THERE'S A POINT THAT

WE NEED TO BE RESPONSIBILE. AND THOSE ARE JUST SOME OF MY POINTS. I

MEAN, I CAN JUST SEE MY CHILD COMING HOME SOMEDAY AND SAYING, HEY

DAD, I FAILED THE TEST AT SCHOOL, BUT IT WASN'T BECAUSE OF THE TEST, IT WAS

BECAUSE OF THE PENCIL. I'M JUST GIVING THAT EXAMPLE THAT SOMETIMES

THERE'S -- I JUST DON'T WANT TO SEE THIS GO THE OTHER WAY. I -- I APPLAUD

YOU FOR YOUR COMMITMENT TO THIS AND I -- I THINK SOME OF THESE POINTS

ARE -- ARE VERY WELL-TAKEN. I'M JUST CONCERNED ABOUT THE MECHANICS OF

HOW THIS WOULD WORK.

SO, THANK YOU SO MUCH FOR YOUR TIME.

MS. FAHY: THANK YOU. AND AGAIN, THAT IS -- THAT IS

NOT THE DIRECT INTENT OF THIS. THIS TRULY IS TO GO AFTER THOSE WHO ARE

FAILING TO MONITOR THAT DOWNSTREAM DISTRIBUTION. AND AGAIN, WE HAVE

SEEN THIS IN OTHER INDUSTRIES. THE GUN INDUSTRY HAS HAD THIS RATHER

UNIQUE LEVEL OF IMMUNITY AND THAT WE ARE -- WE ARE TRYING TO FORGE

AHEAD HERE TO ADDRESS WHAT HAS BEEN A PERNICIOUS, PERSISTENT PROBLEM

FOR DECADES DESPITE ALL THE OTHER MEASURES THAT WE HAVE PASSED. SO...

MR. MANKTELOW: AND MORE THAN LIKELY THIS BILL

WILL PASS ON THE FLOOR, AND IF IT IS SIGNED INTO LAW I'D BE MORE THAN

WILLING TO WORK WITH YOU DOWN THE LINE ON THE MECHANICS OF FOLLOWING

IT UP, WHERE ARE WE AT. AS I SAID, I JUST HAVE CONCERNS AND -- AND I

DON'T WANT OUR GUN RIGHTS AND I DON'T WANT PEOPLE TO BE HELD LIABLE FOR

SOMETHING THEY DIDN'T DO. SO THANK YOU AGAIN.

MS. FAHY: AGREED. AND -- AND HAPPY TO CONTINUE

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TO WORK WITH YOU ON THAT.

MR. MANKTELOW: THANK YOU SO MUCH FOR YOUR

TIME.

MR. SPEAKER, THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. LAWLER.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. FAHY YIELDS.

MR. LAWLER: THANK YOU. I HONESTLY WASN'T

INTENDING TO SPEAK ON THIS, BUT I'M A LITTLE CONFUSED BY SOME OF THE

EXCHANGES SO I JUST WANT TO TRY AND GET SOME CLARITY. WE TALKED ABOUT

CORRELATION AND YOU WERE MAKING THE POINT, AND PLEASE CORRECT ME IF

I'M MISSTATING YOUR POINT, BUT YOU WERE MAKING THE POINT THAT

GENERALLY SPEAKING WHERE THERE ARE STRICTER GUN LAWS, THERE ARE LESS

SHOOTINGS, IS THAT CORRECT?

MS. FAHY: LESS GUN VIOLENCE, ESPECIALLY -- WHERE

I'M MOST FAMILIAR WITH THE DATA IS WITH DOMESTIC VIOLENCE CASES. WHEN

A GUN IS IN A HOME, A WOMAN IS - IN THIS CASE, IT'S WOMEN - ARE MUCH

MORE -- HAVE A MUCH HIGHER PERCENTAGE OF DYING AT THE HANDS OF A GUN

THAN WHEN A GUN IS NOT IN THE HOME. SO YES, GENERALLY THERE IS AN

INVERSE RELATIONSHIP HERE, AND IT'S NATIONAL DATA.

MR. LAWLER: OKAY. SO -- BUT JUST, FOR INSTANCE, IN

THE CITY OF CHICAGO WHICH DOES HAVE VERY STRICT GUN LAWS AND, IN FACT,

SOME OF THE STRICTEST IN THE COUNTRY, THEY DON'T ALLOW FOR -- THERE'S NO

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GUN SHOP IN THE CITY OF CHICAGO. AS OF JUNE 3RD OF THIS YEAR, THEY

HAVE 1,418 SHOOTINGS, WHICH IS 166 MORE THAN ALL OF 2020. SO WHERE'S

THE CORRELATION?

MS. FAHY: THIS -- FIRST OF ALL, THIS BILL IS TO TARGET

NEW YORK, OR IS A NEW YORK BILL. IN CHICAGO, KEEP IN MIND A LOT --

YOU'RE RIGHT, CHICAGO DOES HAVE RATHER STRICT GUN LAWS AND EVEN THERE

THE ILLEGAL TRAFFICKING OF GUNS IS A CONTINUAL PROBLEM, AS WELL. THE CITY

OF CHICAGO ENDS RIGHT ON THE INDIANA BORDER AND I'M NOT HERE TO PICK

ON EITHER OF THEM, BUT THERE IS A TRAFFIC -- TRAFFICKING OF ILLEGAL GUNS

THERE, AS WELL. AND CERTAINLY CHICAGO, I HAPPEN TO HAVE BEEN BORN

THERE, IS AN ANOMALY AND HAS HAD, FOR THE LAST HALF DOZEN YEARS OR MORE,

HAS HAD VERY, VERY SERIOUS GUN VIOLENCE ACROSS THE BOARD. BUT THESE --

THE STATISTICS I WAS ALSO REFERRING TO WERE STATE -- THEY ARE STATEWIDE,

BUT EVEN CHICAGO I KNOW HAS A TRAFFICKING ISSUE.

MR. LAWLER: OKAY. SO LET'S JUST SEGUE TO NEW

YORK THEN.

MS. FAHY: SURE.

MR. LAWLER: SO 2019, THERE WERE LESS THAN 800

SHOOTINGS IN NEW YORK CITY. AS OF LAST YEAR, THERE WERE OVER 1,400

SHOOTINGS IN NEW YORK CITY. IS THERE ANY CORRELATION BETWEEN THE RISE

IN SHOOTINGS IN NEW YORK CITY AND THE STRICT GUN LAWS THAT WE HAVE

PASSED IN THIS STATE AND NEW YORK CITY CERTAINLY HAS PASSED OVER THE

YEARS?

MS. FAHY: I THINK IF YOU LOOK AT THAT DATA OVER THE

LAST, I THINK IT'S TEN TO 20 YEARS, NEW YORK CITY HAD A DRAMATIC DROP IN

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GUN VIOLENCE. YES THERE HAS BEEN AN UPTICK IN THE LAST COUPLE OF YEARS

THAT CAN BE ATTRIBUTED TO A WHOLE HOST OF MEASURES BUT, QUITE FRANKLY, I

THINK THE FACT THAT WE AS A STATE HAVE BEEN AGGRESSIVE ABOUT TRYING TO

GET GUNS OFF THE STREET, IT HAS -- GENERALLY IT HAS HELPED AND IF YOU

COMPARE NEW YORK CITY TO MOST OTHER LARGE URBAN AREAS IN THIS

COUNTRY, NOT INTERNATIONALLY, NEW YORK CITY IS CONSIDERED A MUCH SAFER

CITY AND HAS MUCH -- PROPORTIONATELY LESS, BUT I -- BUT I DON'T DISPUTE

THAT IT HAS GONE UP.

MR. LAWLER: WOULD YOU AGREE -- WOULD YOU

AGREE THAT LAW ENFORCEMENT PLAYED A SIGNIFICANT ROLE IN THAT REDUCTION

IN SHOOTINGS FROM LET'S SAY 2010 UNTIL 2019?

MS. FAHY: JUST AS THIS BILL IS ONLY ONE PART OF A

PRONG TO TRY TO GET AT GUN VIOLENCE ALONG WITH DOZENS OF OTHER

MEASURES THAT WE HAVE PASSED OVER THE LAST FEW YEARS, CERTAINLY LAW

ENFORCEMENT SHOULD BE CREDITED WITH A LOT OF THEIR EFFORTS OVER THE LAST

FEW YEARS IN THE STATE -- IN THE CITY OF NEW YORK, AS WELL, BUT IT'S -- IT'S

-- IT IS A MULTI-PRONGED EFFORT AND -- AND UP UNTIL THE LAST YEAR OR SO HAS

BEEN QUITE SUCCESSFUL.

MR. LAWLER: OKAY. MOVING TO ANOTHER POINT.

THE FIRST SENTENCE IN YOUR JUSTIFICATION MEMO SAYS, VIRTUALLY EVERY

ILLEGAL FIREARM WAS ONCE LEGAL, IS THAT CORRECT?

MS. FAHY: I'M SORRY, REPEAT -- VIRTUALLY EVERY, WHAT

WAS THAT?

MR. LAWLER: THE FIRST -- THE FIRST SENTENCE IN YOUR

JUSTIFICATION MEMO ON THE BILL SAYS, VIRTUALLY EVERY ILLEGAL FIREARM WAS

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ONCE LEGAL, IS THAT CORRECT?

MS. FAHY: YES.

MR. LAWLER: OKAY, SO...

MS. FAHY: I MEAN IT'S -- WELL, THAT PROBABLY WAS A

LITTLE BIT OF AN OVERSTATEMENT, BUT CLOSE TO IT YES, OTHER THAN YOU HEARD A

LOT OF DEBATE TONIGHT ABOUT GHOST GUNS AND THOSE THAT CAN BE

MANUFACTURED OR ASSEMBLED ILLEGALLY OR -- OR SORRY, PARTS CAN BE

PURCHASED AND THEN LEGAL -- AND THEN ASSEMBLED, SO THERE'S...

MR. LAWLER: I -- I WAS GOING TO MAKE MENTION OF

THE GHOST GUNS THAT KIND OF CONTRADICTED THAT SENTENCE, BUT --

MS. FAHY: YES, THE GHOST -- RIGHT. SO GIVEN -- YES.

MR. LAWLER: -- EVEN -- BUT EVEN STILL, IF A GUN WAS

LEGAL WHEN IT FIRST STARTED, OKAY, ONCE IT IS MANUFACTURED AND IT IS LEGAL,

HOW DOES IT BECOME ILLEGAL IN YOUR MIND? WHERE -- WHERE DOES IT GO

FROM BEING LEGAL TO ILLEGAL?

MS. FAHY: BY BEING ILLEGALLY TRAFFICKED OR ILLEGALLY

SOLD.

MR. LAWLER: SO WHEN IT'S ILLEGALLY TRAFFICKED OR

ILLEGALLY SOLD, THE MANUFACTURER IS NO LONGER LIABLE, CORRECT?

MS. FAHY: NO, THAT -- THAT WOULD REALLY DEPEND

BECAUSE OF -- AND AGAIN, WE'VE SEEN THIS IN OTHER INDUSTRIES WHERE --

WHERE THE MANUFACTURER WAS RECKLESS IN WHO THEY WERE SELLING THEIR

GUNS TO, WHAT SUPPLIERS THEY WERE DEALING WITH, THEY -- THERE IS A LEVEL

OF ACCOUNTABILITY THERE AS WELL.

MR. LAWLER: SO -- OKAY. I JUST -- LET'S TRY --

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BECAUSE THIS CONVERSATION HAS BEEN VERY BROAD AND REALLY NOT PROVIDED

MUCH SPECIFICS, SO I'M JUST TRYING TO NARROW IT DOWN A LITTLE BIT. SO IF A

MANUFACTURER CREATES A GUN AND THE GUN IS GIVEN TO A

FEDERALLY-LICENSED DEALER AND THE DEALER SELLS TO SOMEBODY WHO LEGALLY

PURCHASES THE GUN, AND THEN SOMEHOW THAT GUN ENDS UP IN THE HANDS OF

A CRIMINAL WHO USES THAT FOR ILLEGAL PURPOSES. IS THE MANUFACTURER

LIABLE FOR THAT?

MS. FAHY: IN THE WAY YOU ARE LAYING OUT THOSE

FACTS, IF THEY ARE THAT STRAIGHTFORWARD, THE FACTS JUST WOULDN'T HOLD UP IN

COURT. SO NO, THERE WOULDN'T -- I DON'T SEE WHERE THERE WOULD BE -- I'M

NOT TRYING TO PLAY JUDGE AND JURY, BUT THE FACTS WOULD HAVE TO BEAR THIS

OUT. THERE HAS TO BE, YOU KNOW, PREPONDERANCE OF EVIDENCE TO SHOW

THAT THERE WAS RECKLESS, RECKLESS INTENT HERE AND -- THAT CREATED THIS

UNTENABLE RISK OF HARM AND THE WAY YOU'VE LAID OUT THOSE FACTS, I DON'T

SEE THE LIABILITY.

MR. LAWLER: OKAY. SO THERE WOULD HAVE TO BE --

THERE WOULD HAVE TO BE INTENT?

MS. FAHY: SORRY, RECKLESS -- I SHOULDN'T HAVE SAID

INTENT. RECKLESSNESS, KNOWING -- YES, IT'S THE SAME -- IT'S THE SAME

STANDARD THAT IS APPLIED FOR OTHER PUBLIC NUISANCE LAWS. IT IS KNOWINGLY

AND RECKLESS -- SORRY, I DON'T HAVE THE WORDS RIGHT IN FRONT OF ME.

MR. LAWLER: OKAY. SO -- OKAY. SO IN OTHER

WORDS, IF SOMEONE WITHIN THE GUN INDUSTRY, AND I WON'T REHASH WHAT

THAT IS DEFINED AS, BUT IF SOMEBODY WITHIN THE GUN INDUSTRY WAS

RECKLESS, WHAT SHOULD HAPPEN TO THEM UNDER THIS BILL, OR WHAT WOULD

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YOU LIKE TO SEE HAPPEN TO THEM?

MS. FAHY: IF SOMEBODY WERE RECKLESS?

MR. LAWLER: YEAH.

MS. FAHY: TO BE HELD ACCOUNTABLE. TO BE HELD

ACCOUNTABLE IN A COURT OF LAW --

MR. LAWLER: CIVIL.

MS. FAHY: SUCH THAT IT LEADS TO MUCH, MUCH SAFER

PRACTICES INCLUDING DOWNSTREAM AND INCLUDING THROUGH THEIR

DISTRIBUTORS. AND JUST AS WE HAVE SEEN WITH POLLUTION, WE HAVE SEEN

THIS WITH CERTAINLY WITH THE CAR INDUSTRY, WE HAVE SEEN THIS WITH

PHARMACEUTICALS, WE HAVE SEEN THIS WHERE THERE IS -- WHERE THERE IS

RECKLESSNESS, THERE HAS BEEN ACCOUNTABILITY FOUND OR ACCOUNTABILITY

HELD IN OTHER INDUSTRIES AND THIS IS THE ONE INDUSTRY THAT HAS BEEN

GRANTED AN UNPRECEDENTED LEVEL OF IMMUNITY.

MR. LAWLER: SO...

MS. FAHY: KNOWINGLY AND RECKLESSLY, THAT'S THE

WORDS I WAS LOOKING FOR.

MR. LAWLER: SHOULD THERE -- WHEN -- WHEN --

BASICALLY WHAT WOULD CAUSE THIS IS IF THERE WAS GUN VIOLENCE, CORRECT?

GUN VIOLENCE WOULD BE THE CATALYST FOR A CAUSE OF ACTION --

MS. FAHY: YES.

MR. LAWLER: THERE HAS TO BE GUN VIOLENCE.

MS. FAHY: IN NEW YORK.

MR. LAWLER: IN NEW YORK STATE.

MS. FAHY: YES.

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MR. LAWLER: OKAY. SHOULD THE PERSON WHO

ACTUALLY PULLS THE TRIGGER BEAR THE ULTIMATE RESPONSIBILITY OR NO?

MS. FAHY: IN -- THAT'S A -- THAT WOULD BE A CRIMINAL

-- THERE IS CRIMINAL LIABILITY --

MR. LAWLER: LET'S SAY I WAS THE VICTIM OF GUN

VIOLENCE. SHOULD I NOT BE ABLE TO HOLD THAT INDIVIDUAL CIVILLY LIABLE?

MS. FAHY: OH, YOU -- YEAH, YOU MIGHT -- YEAH, YOU

MIGHT BE ABLE TO, BUT CERTAINLY, CERTAINLY THAT PERSON WOULD BE OPEN TO

CRIMINAL LIABILITY, OR SHOULD BE.

MR. LAWLER: OKAY. BUT -- AND SO YOUR BILL DOES

NOT IN ANY WAY TRY TO HOLD SOMEBODY LIKE A MANUFACTURER OR SOMEBODY

WITHIN THE GUN INDUSTRY CRIMINALLY LIABLE?

MS. FAHY: ABSOLUTELY NOT.

MR. LAWLER: OKAY.

MS. FAHY: THIS IS ONLY CIVIL LIABILITY.

MR. LAWLER: OKAY. SO I KNOW IT WAS ASKED

EARLIER, BUT THE STATS WEREN'T THERE SO I LOOKED THEM UP, ROUGHLY 38,000

PEOPLE DIE EACH YEAR IN A CAR ACCIDENT AND AS OF 2018, THE LAST NUMBER

THAT I COULD FIND, 38,390 AMERICANS DIED FROM GUNS. SO GIVEN WHAT

THIS CONSTRUCT IS THAT YOU HAVE KIND OF OUTLINED HERE, AND YOU TALKED

ABOUT THE OPIOID INDUSTRY AND -- AND OTHERS BEING HELD LIABLE, DO YOU

THINK THAT INDIVIDUALS SHOULD HAVE THE RIGHT TO BRING ACTION AGAINST THE

AUTOMOBILE INDUSTRY FOR RECKLESSNESS, OR NO?

MS. FAHY: REMEMBER, THAT RIGHT IS ALREADY THERE IF,

IF THEY CAN DEMONSTRATE THAT THERE WAS KNOWINGLY AND RECKLESSLY SOME

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TYPE OF PRACTICE. THE FAMOUS CASE THAT MAYBE YOU WOULDN'T RECALL, BUT

THE PINTO, THE FORD PINTO FROM THE -- I THINK IT WAS THE 1970S OR '80S

WHERE THEY KNOWINGLY HAD A GAS TANK THAT WAS A -- THAT THEY CONTINUED

TO USE KNOWING THAT IT WAS HIGHLY FLAMMABLE AND THEY WERE HELD

ACCOUNTABLE FOR THAT.

MR. LAWLER: OKAY. THANK YOU FOR YOUR

RESPONSES.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

LAWLER.

MR. LAWLER: THANK YOU. IN 2011, SHOOTINGS IN

NEW YORK CITY WERE ABOUT 1,500. IN 2019, SHOOTINGS IN NEW YORK

CITY WERE JUST UNDER 800. AS OF LAST YEAR, THEY WERE BACK AROUND

1,500. THE CORRELATION IS A VERY SIMPLE ONE: THIS BODY TIED THE HANDS

OF LAW ENFORCEMENT THROUGH NUMEROUS POLICY DECISIONS. WE TALK ABOUT

CORRELATION, THE CORRELATION IS VERY CLEAR. WHEN YOU ELIMINATE THE

ANTI-CRIME UNIT IN NEW YORK CITY AS THE MAYOR AND THE CITY COUNCIL

DID, WHICH'S PRIMARY FOCUS IS ON GETTING ILLEGAL GUNS OFF THE STREETS,

WHEN YOU ELIMINATE THAT, WHEN YOU DEFUND THE POLICE BY $1 BILLION,

WHEN YOU CONTINUALLY TRY TO REDUCE THE ENFORCEMENT OF PETTY CRIMES IN

THE CITY OF NEW YORK, WHEN YOU ALLOW FOR PAROLE FOR UNREPENTANT

RAPISTS AND MURDERERS, AND WHEN YOU PROVIDE CASHLESS BAIL FOR VIOLENT

OFFENDERS, NOT JUST NON-VIOLENT OFFENDERS, BUT VIOLENT OFFENDERS, THE

CORRELATION IS ABUNDANTLY CLEAR. WHAT YOU GET IS A RAPID AND DRAMATIC

RISE IN VIOLENT CRIME AND GUN VIOLENCE.

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SO WHILE I APPRECIATE VERY MUCH THE SPONSOR'S

INTENTION AND I APPRECIATE ALL OF MY COLLEAGUES ON THE OTHER SIDE FOR

THEIR SINCERITY IN WANTING TO COMBAT GUN VIOLENCE, NOBODY IN THIS

CHAMBER WANTS TO SEE ANYBODY DIE FROM GUN VIOLENCE, NOBODY. BUT

LET'S ALL BE CLEAR THAT THERE IS A CORRELATION BETWEEN THE POLICY DECISIONS

THAT HAVE BEEN MADE IN THIS BODY AND DOWN IN NEW YORK CITY AND THE

RAPID RISE IN GUN VIOLENCE THAT I KNOW IS IMPACTING EACH OF YOUR

COMMUNITIES. IT'S IMPACTING MINE. I'VE SEEN MORE GUN VIOLENCE IN THE

LAST YEAR-AND-A-HALF IN MY COMMUNITY THAN IN MY ENTIRE LIFETIME OF

LIVING IN ROCKLAND COUNTY. IT IS INSANE. IT'S HAPPENING ALL ACROSS THE

STATE, NOT JUST IN URBAN AREAS, IT'S NOT JUST IN NEW YORK CITY, IT'S

HAPPENING ALL ACROSS THE STATE AND IT IS DIRECTLY ATTRIBUTABLE TO THE

POLICIES THAT THIS BODY IS PASSING.

SO I APPRECIATE THE INTENTION, BUT THIS IS NOT WHAT'S

GOING TO SOLVE GUN VIOLENCE IN THIS STATE. WHAT'S GOING TO SOLVE GUN

VIOLENCE IS UNTYING THE HANDS OF LAW ENFORCEMENT TO DO THEIR JOBS, AND

THAT'S WHAT WE SHOULD BE DOING TO ENSURE THE HEALTH AND SAFETY OF EVERY

NEW YORKER.

ACTING SPEAKER AUBRY: MR. STIRPE.

MR. STIRPE: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. STIRPE: EVERYONE SEEMS TO BE LOOKING FOR A

CORRELATION. WELL, HERE'S A CORRELATION: GUN SALES IN 2020 WERE DOUBLE

WHAT THEY WERE IN 2019. THAT'S THE CORRELATION. MORE GUNS, MORE

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DOMESTIC VIOLENCE SHOOTINGS. MORE GUNS, MORE SUICIDES. MORE GUNS,

MORE MASS SHOOTINGS. THROW IN 15 MONTHS IN, YOU KNOW, SHUT DOWN

SOCIETY AND THAT'S WHAT YOU'VE GOT. TRYING TO IGNORE THAT MORE GUNS

CAUSED MORE PROBLEMS IS RIDICULOUS. IT'S LIKE SAYING LIGHTENING DOESN'T

CAUSE FOREST FIRES. I MEAN, LET'S BE SERIOUS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU. MR.

STIRPE.

READ THE LAST SECTION.

THE CLERK: THIS -- THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7196. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE AND WE WILL

RECORD YOUR SUPPORT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS PIECE OF

LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WANT TO BE AN EXCEPTION.

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SHOULD THAT BE THE CASE, THEY SHOULD CONTACT THE MAJORITY LEADER'S

OFFICE AND WE WILL BE HAPPY TO MAKE SURE THAT THEIR VOTE IS PROPERLY

RECORDED. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. I WILL BE OPPOSING THIS VOTE -- THIS BILL AND I ENCOURAGE MY

COLLEAGUES TO ALSO OPPOSE IT. AS HAS BEEN EXPLAINED IN GREAT DEAL BY

OUR COLLEAGUES, THERE'S A LOT OF GUNS THAT COME INTO NEW YORK STATE

FROM OTHER STATES AND, OF COURSE, A GUN DEALER WHO IS UNSCRUPULOUS IN A

DIFFERENT STATE WHO SELLS TO SOMEBODY IN A DIFFERENT STATE IS OUTSIDE THE

JURISDICTION OF NEW YORK STATE. AND IF THE PERSON THEY SELL IT TO,

WHETHER IT'S A STRAW BUYER OR A CRIMINAL OR SOMEONE ELSE THAT SHOULDN'T

HAVE IT AND THEY ILLEGALLY CROSS INTO NEW YORK STATE IN VIOLATION OF

FEDERAL LAW WHICH PREVENTS -- OR OUTLAWS THAT TYPE OF INTERSTATE

TRANSPORTATION OF GUNS, THERE'S NOTHING WE CAN DO.

SO WHEN WE PASS A BILL THAT IMPOSES CIVIL LIABILITY ON

GUN MANUFACTURES AND DEALERS, THE ONLY ONES THAT COULD POSSIBLY BE

IMPACTED ARE NEW YORK GUN DEALERS AND NEW YORK GUN DEALERS. AND

AS MY COLLEAGUE REPEATEDLY POINTED OUT, THEY'RE NOT THE PROBLEM. NOR

DOES IT PREVENT ILLEGAL ACTIVITIES, BECAUSE IT DOESN'T MAKE ANYTHING

THAT'S NOT ALREADY ILLEGAL MORE ILLEGAL, BUT IT DOES IMPOSE CIVIL LIABILITY

ON THOSE WHO ARE OTHERWISE ENGAGING IN A LAWFUL BUSINESS. AND, IN

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FACT, IT SAYS, AND I QUOTE ON PAGE 2, LINE 55, "THE EXISTENCE OF A PUBLIC

NUISANCE," WHICH GIVES RISE TO THE CIVIL LIABILITY, "SHALL NOT DEPEND ON

WHETHER THE GUN INDUSTRY MEMBER ACTED FOR THE PURPOSE OF CAUSING

HARM TO THE PUBLIC." WELL, THAT'S A PRETTY STARTLING STATEMENT. SO MAKE

NO MISTAKE ABOUT IT, THIS IS DESIGNED TO CREATE CIVIL LIABILITY ON NEW

YORK MANUFACTURERS AND NEW YORK DEALERS FOR THE INABILITY OF THIS

LEGISLATURE AND OTHERS TO PREVENT VIOLENT GUN CRIME IN OTHER PARTS OF

THE STATE. FOR THAT REASON, I'M OPPOSING IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. WALCZYK TO EXPLAIN HIS VOTE.

MR. WALCZYK: THANK YOU, MR. SPEAKER. JUST A

QUICK REMINDER: WE -- WE STOOD IN THIS CHAMBER AND SAID, I SOLEMNLY

SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES. THE

SECOND AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES SAYS, THE

RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.

INFRINGED, IN CASE ANYBODY GOT CONFUSED FROM WHEN WE SWORE THAT

OATH A FEW MONTHS AGO, IS TO ACT SO AS TO LIMIT OR UNDERMINE SOMETHING

OR ENCROACH ON IT.

I APPRECIATE THE SPONSOR BRINGING THIS BILL FORWARD

BECAUSE I KNOW THE SPONSOR HAS A CRIME WAVE RIGHT HERE IN THE CITY OF

ALBANY. A COUPLE OF WEEKS AGO, I HEADED DOWN CENTRAL AVENUE

WALKING TO ONE OF MY FAVORITE MEXICAN RESTAURANTS IN TOWN, AND SAW A

CANDLELIGHT VIGIL GOING ON WHERE A SHOP OWNER HAD BEEN MURDERED A

COUPLE OF DAYS PRIOR. SO I KNOW THAT THE FIVE HOMICIDES HERE IN THE

CITY OF ALBANY JUST IN THE MONTH OF MAY IS A REAL PROBLEM, A SERIOUS

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NYS ASSEMBLY JUNE 8, 2021

CONCERN TO THE LEGISLATOR THAT CARRIED THIS BILL BEFORE US TODAY, BUT I'M

CONCERNED, MR. SPEAKER, THAT THIS PIECE OF LEGISLATION REALLY ISN'T GOING

TO ADDRESS THE HEART OF THE ISSUE HERE IN ALBANY OR THE ISSUE GOING ON IN

NEW YORK CITY. THE CHANCE OF BEING INVOLVED IN A VIOLENT CRIME OR

PROPERTY CRIME IN ALBANY IS 1 IN 26. ALBANY HAS A CRIME CRISIS, IT HAS A

HIGHER CRIME RATE THAN 90 PERCENT OF AMERICAN CITIES. IT INCREASED 21

PERCENT AFTER WE IMPOSED BAIL REFORM. AND WHAT'S THE ANSWER? I

MEAN, WHAT'S THE ANSWER THAT THE GOVERNMENT BRINGS THE PEOPLE,

BECAUSE WE ELIMINATED CASH BAIL, WE TOOK DISCRETION FROM JUDGES, WE

CLOSED PRISONS, WE SQUEEZED DAS, WE CUT LAW ENFORCEMENT AND WE PUT

OUR THUMB ON THE SCALES OF LIBERTY IN FAVOR OF THE CRIMINALS.

BUT TODAY THE SOLUTION THAT WE BRING THEM, AND THIS IS

WHY I VOTE NO, MR. SPEAKER, IS WE LET THE LAWYERS GET RICH SUING THE

MANUFACTURERS AND THE MARKETING COMPANIES FOR GLOCK AND BERETTA?

THAT'S THE SOLUTION? NO, WE NEED A REVERSE COURSE. I VOTE NO.

ACTING SPEAKER AUBRY: THANK YOU. MR.

WALCZYK IN THE NEGATIVE.

MR. JACOBSON.

MR. JACOBSON: THANK YOU, MR. SPEAKER. FIRST,

I'D LIKE TO COMMEND THE SPONSOR FOR THIS BILL. UNFORTUNATELY IN MY

DISTRICT IN THE CITY OF POUGHKEEPSIE AND THE CITY OF NEWBURGH, WE

HAVE SHOOTINGS. BUT NOT ONE OF THE BILLS -- NOT ONE OF THE GUNS THAT ARE

USED WERE MADE IN EITHER NEWBURGH OR POUGHKEEPSIE. AND YES, THE

BEST WAY THIS COULD BE ADDRESSED WOULD BE A NATIONAL POLICY, BUT WE

DON'T HAVE A NATIONAL POLICY. SO WE TRY TO PASS LAWS IN NEW YORK

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NYS ASSEMBLY JUNE 8, 2021

STATE.

UNFORTUNATELY AS WE KNOW, THERE'S ILLEGAL GUN

TRAFFICKING AND IF GUN MANUFACTURERS, ACCORDING TO THE BILL, KNOWINGLY

AND RECKLESSLY KNOW THAT WHEN THEY SELL HUNDREDS OF GUNS IN PLACES

SUCH AS SOUTH CAROLINA AND THEN THEY GET SHIPPED UP TO NEW YORK AND

THEY KNOW THAT IT'S GOING TO HAPPEN, MAYBE THEN THEY'LL BE HELD LIABLE

AND THEN MAYBE THEY'LL TAKE ACTION. THE SAME THING HAPPENED WITH THE

CAR INDUSTRY. THEY WERE SUED FOR SAFETY REASONS. AND WHAT DO YOU

KNOW? AFTER ENOUGH LAWSUITS, THEY ENDED UP MAKING CARS MUCH SAFER.

SO MAYBE THE -- THE MANUFACTURERS WILL TAKE RESPONSIBILITY AND SEE

WHAT WE CAN DO. YES, IT'S MULTIFACETED, BUT THE ILLEGAL GUNS THAT ARE

COMING FROM OTHER STATES MUST BE ADDRESSED AND I HOPE THAT ATTORNEY

GENERAL WORKS WITH OTHER STATE ATTORNEY GENERALS UP AND DOWN ROUTE

95, INTERSTATE 95, TO END THIS ILLEGAL GUN TRAFFICKING.

SO I COMMEND THE -- THE SPONSOR FOR THIS BILL. IT'S

ANOTHER STEP THAT MAYBE WE CAN GET SOME CONTROL ON THIS AND THAT

MAYBE WE CAN GET SOME PROGRESS. THANK YOU.

ACTING SPEAKER AUBRY: MR. JACOBSON IN THE

AFFIRMATIVE.

MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE, SIR.

ACTING SPEAKER AUBRY: PROCEED.

MR. TAGUE: YES. IT WAS MENTIONED JUST A MINUTE

AGO IN THE DEBATE THAT THE INCREASE IN GUN SALES IN NEW YORK STATE IS

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MUCH HIGHER THAN PREVIOUS YEARS. WELL, THE REASON FOR THAT IS BILLS LIKE

THIS AND THE FEAR OF PEOPLE WHO -- WHO ARE SECOND AMENDMENT PEOPLE

THAT THEY WON'T HAVE AN OPPORTUNITY TO BUY GUNS ANYMORE IN NEW YORK

STATE. SO I WILL BRING -- I'LL BRING THAT ISSUE UP AND, SECONDLY, THE ALSO

-- THE ATTACK ON LAW ENFORCEMENT AND THE FEAR THAT PEOPLE HAVE AND

WANT TO BE ABLE TO PROTECT THEMSELVES. SO YOU KNOW, THE GUN IS NOT

RESPONSIBLE FOR THE KILLING. IT'S THE PERSON, AND IT'S PERSONAL

RESPONSIBILITY. I'LL BE VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. TAGUE IN THE

NEGATIVE.

MS. WALKER TO EXPLAIN HER VOTE.

MS. WALKER: THANK YOU, MR. SPEAKER. LIKE SO

MANY OF MY COLLEAGUES, I TOOK AN OATH, TOO, TO SUPPORT THE CONSTITUTION

BOTH WHEN I BECAME AN ADMITTED ATTORNEY AS WELL AS WHEN I BECAME A

MEMBER OF THIS GREAT BODY. AND HOWEVER, YOU DON'T GET AN

OPPORTUNITY TO DECIDE WHICH PORTIONS OF THE CONSTITUTION YOU SUPPORT

AND WHICH ONES YOU DON'T. AND THE EIGHTH AMENDMENT DICTATES THAT

BAIL SHOULD NOT BE CRUEL, UNUSUAL OR EXCESSIVE. BUT I ALSO RECOGNIZE

THAT EVEN WHEN YOU DO HAVE CONSTITUTIONAL RIGHTS, THOSE RIGHTS ARE NOT

UNFETTERED. THERE'S SOMETHING CALLED A PREEMPTION --

ACTING SPEAKER AUBRY: MS. WALKER, MS.

WALKER. WE'RE GOING TO STOP YOU. PLEASE, WE HAVE A RULE, YOU HAVE TO

HAVE THE MASK ON WHEN YOU'RE IN THE CHAMBER, AND WE WON'T TAKE

AWAY YOUR TIME. THANK YOU.

MS. WALKER: SORRY ABOUT THAT. THERE IS ALSO -- I

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RECLAIM MY TIME NOW.

THERE'S ALSO A RULE CALLED THE PREEMPTION DOCTRINE

WHICH DICTATES THAT WHEN A STATE HAS A SIGNIFICANT RIGHT AND AN INTEREST

TO SUPERCEDE FEDERAL LAW, INCLUDING CONSTITUTIONAL LAW, THAT THE STATE

CAN DO SO IF THEY SO CHOOSE TO. AND SO I WOULD LIKE TO THANK THE

SPONSOR FOR INTRODUCING THIS BILL. NOT ONLY WAS I PERSONALLY A VICTIM OF

GUN VIOLENCE IN LOSING MY BROTHER WHEN HE WAS 19 YEARS OLD BEING

SHOT SEVEN TIMES IN HIS TORSO, BUT JUST YESTERDAY -- JUST A FEW WEEKS

AGO, I ALSO WITNESSED A YOUNG LADY WHO WAS SHOT DOWN IN FRONT OF MY

MOM'S DOOR. AND I THINK ABOUT ALL OF THOSE VICTIMS, MANY OF THEM

WHO HAPPEN TO LIVE IN MY DISTRICT, WE NEEDED THIS MOMENT. AND

WHATEVER IT TAKES IN ORDER TO GET US TO A POINT WHERE OUR CITIES, OUR

STREETS ARE A SAFE PLACE TO LIVE, PLAY, AND RAISE A FAMILY, WHATEVER IT

TAKES TO GET US TO THAT POINT I'M WITH YOU ALL THE WAY. I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WALKER IN THE

AFFIRMATIVE.

MS. FAHY TO EXPLAIN HER VOTE.

MS. FAHY: THANK YOU, MR. SPEAKER. THIS HAS BEEN

A LONG TIME IN COMING. SOME OF YOU KNOW I SPENT MANY YEARS IN D.C.

AND I CAN REMEMBER 30 YEARS AGO CONVERSATIONS ABOUT TRYING TO HOLD

MORE OF THE INDUSTRY ACCOUNTABLE AND THEN 16 YEARS AGO, THEY WERE

GIVE UNPRECEDENTED IMMUNITY. SO THIS IS THE ABILITY OR THE -- THE EFFORT

HERE IS TO TRY AND MAKE GUNS LESS TRANSFERRABLE, THAT'S A LOT OF WHAT WE

TALKED ABOUT TONIGHT, IS TO TRY TO MAKE THEM LESS TRANSFERRABLE, TO STOP

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THE IRON PIPELINE AND TO INCENTIVIZE SAFER MEASURES, AS WELL AS SMART

TECHNOLOGY AND BETTER -- BETTER SECURITY, DATA REPORTING AND MORE.

THERE HAS BEEN -- THIS IS PART -- THIS IS ONE SMALL

MEASURE THAT IS PART OF A MULTI-PRONGED EFFORT AND WE KNOW WE HAVE A

LOT OF WORK TO DO, AS SO MANY OTHERS HAVE POINTED OUT HOW MUCH WORK

WE NEED TO DO TO MAKE OUR STREETS SAFER HERE AND -- AND THROUGHOUT THE

COUNTRY. BUT I'M INCREDIBLY PROUD OF THE WORK THAT WE HAVE DONE HERE

IN NEW YORK, AND I JUST WANT TO THANK THE SENATE SPONSOR FOR HIS

PATIENCE AND HIS -- HIS CHAMPIONING OF THIS -- THIS MEASURE IN THE

SENATE, AS WELL AS THE SPEAKER AND ALL OF HIS STAFF THAT HAVE WORKED SO

DILIGENTLY ON THIS OVER THE LAST FEW WEEKS. IN PARTICULAR, MY INCREDIBLE

TEAM THAT HAS HELPED ON THIS, AS WELL AS THE BLACK AND HISPANIC CAUCUS

WHO REALLY HELPED CHAMPION THIS IN THE LAST COUPLE OF WEEKS. AND THEN

FINALLY, ALL THE NATIONAL GROUPS WHO HAVE SPENT, AS WELL, SPENT YEARS

AND YEARS TRYING TO BRING THESE ISSUES FORWARD INCLUDING BRADY,

GIFFORDS, EVERY TOWN AND THEN THE MOMS WHO DEMAND ACTION. YES,

THIS IS ONE SMALL PIECE OF NEEDED MEASURES, BUT I DO HOPE THAT THIS WILL

BEGIN TO TURN THE TIDE, PARTICULARLY IN WHAT IS HAPPENING HERE IN NEW

YORK. THANK YOU. AND WITH THAT, MR. SPEAKER, I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. FAHY IN THE

AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. CORRELATION IS NOT CAUSATION. EVERY LAWYER, EVERY TEACHER,

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EVERY STATISTICIAN KNOWS THAT. MOVING MONEY FROM ONE PART OF THE

POLICE DEPARTMENT TO ANOTHER IS NOT ACTUALLY CUTTING THEIR FUNDING, AS

HAPPENED IN NEW YORK CITY LAST YEAR. THE SECOND AMENDMENT IS NOT

CARTE BLANCHE. IT DOES NOT GIVE ANYBODY UNFETTERED ACCESS TO WEAPONS.

JUSTICE SCALIA'S DECISION IN THE HELLER CASE STATES THAT EXPLICITLY. I

FOLLOWED THE HELLER CASE VERY CLOSELY. HE USED TO BE MY LANDLORD. MY

ROOMMATE AND I LEFT BECAUSE HE WAS TOO INFATUATED WITH HIS GUNS. TO

HIS CREDIT, HE WAS A RESPONSIBLE AND SAFE GUN OWNER. TOO MANY OTHERS,

HOWEVER, ARE NOT, AND THE GUN MANUFACTURERS DON'T CARE. THEY JUST

KEEP PUMPING OUT PRODUCT BECAUSE THEY MAKE MONEY BY SELLING THAT

PRODUCT THROUGH THE IRON PIPELINE AND OUR CITIZENS ARE SUFFERING AS A

RESULT. I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I, AS A CARD CARRYING

PERMIT OWNER, I BELIEVE THAT THE STATE OF NEW YORK HAS SOME OF THE

BEST GUN REFORM LEGISLATION IN THE COUNTRY. I'M HONORED TO BE A PART OF

THIS BODY THAT HAS CREATED SOME OF THAT, AND I DON'T THINK ANY OF THIS

DISCUSSION THAT WE'VE HAD TODAY ABOUT THIS LEGISLATION TAMPERS WITH THAT

OR TAMPERS WITH ANYBODY'S CONSTITUTIONAL RIGHTS. IN FACT, THE IRON

PIPELINE IS REAL. IT'S A BUSINESS. AND JUST LIKE EVERY BUSINESS, THEY'RE

ALWAYS SEARCHING A NEW MARKET. AND THEY UNDERSTAND THAT TO GET A

MARKET IN NEW YORK STATE, YOU CAN'T DO IT LEGALLY. YOU GOT TO BRING A

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CARLOAD OF GUNS FROM SOUTH CAROLINA OR OHIO OR PENNSYLVANIA, AND YOU

GOT TO PULL THEM UP INTO A NEIGHBORHOOD WHERE YOU KNOW PEOPLE WILL

BUY THEM, AND THAT'S WHAT HAPPENS. SOMEBODY'S GOT TO BE RESPONSIBLE

FOR THAT.

WE'VE DONE WHAT WE SHOULD DO AS NEW YORKERS IN

MAKING OUR GUN OWNERS ABLE TO GET A VERY SAFE MANNER HAVE ACCESS TO

PERMITS AND THE WEAPONS OF THEIR CHOICE, BUT WE HAVE NOT BEEN ABLE TO

STOP TRUCKLOADS AND CARLOADS OF PEOPLE PULLING WEAPONS UP IN FRONT OF

OUR HIGH SCHOOLS, SELLING THEM TO YOUNG PEOPLE AND, IN FACT, SELLING

THEM TO SOME OLDER PEOPLE WHO DON'T HAVE THE WHEREWITHAL OR THE

ABILITY TO GET A PERMIT LEGALLY IN THE STATE. IT'S A MARKET, MR. SPEAKER,

THAT NEEDS TO BE CONTROLLED. THIS IS AN OPPORTUNITY TO BEGIN THAT

PROCESS. I WANT TO APPLAUD THE SPONSOR FOR THIS LEGISLATION AND VOTE IN

THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. SO THIS,

WITH GREAT RESPECT TO THE SPONSOR WHO -- AND I KNOW THAT -- I KNOW THAT

HER HEART IS IN THE RIGHT PLACE AND I KNOW SHE HAS WORKED HARD FOR THIS

BILL, THIS BILL CREATES A PRIVATE RIGHT OF ACTION SO THAT ANY PERSON THAT'S

BEEN DAMAGED AS A RESULT OF A GUN INDUSTRY MEMBERS ACTS OR OMISSIONS

IN VIOLATION OF THIS ARTICLE SHALL BE ENTITLED TO BRING AN ACTION FOR

RECOVERY OF DAMAGES. SO THAT'S MY -- ONE OF MY PROBLEMS WITH THE

BILL.

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YOU KNOW, ALCOHOL KILLS A LOT OF PEOPLE, TOO. IF YOU

HAVE SOMEBODY WHO HAS BEEN INJURED BY ALCOHOL, THEY CAN GO BACK AND

THEY CAN, THROUGH THE DRAM SHOP LAW, GO BACK AND SUE THE BAR THAT

OVERSERVED THEM, RIGHT, BUT THEY CAN'T SUE SEAGRAMS. AND I JUST THINK

THAT, YOU KNOW, THERE HAVE BEEN EXCEPTIONS THAT HAVE BEEN CARVED OUT

FOR OPIOIDS OR FOR TOBACCO AND FOR OTHER THINGS, TO DO THAT FOR THIS,

THOUGH, I THINK REALLY MY FUNDAMENTAL PROBLEM, AND IT'S BEEN EXPRESSED

BY OTHER OF MY COLLEAGUES, IS I JUST THINK THAT THIS APPROACH MISSES THE

MARK AND DOES NOT ASSIGN RESPONSIBILITY WHERE IT EXISTS. THERE ARE SO

MANY GUNS ALREADY -- FIREARMS ALREADY OUT THERE, COMMUNITY FIREARMS

ACCESSIBLE BY PEOPLE LIVING ANYWHERE IN THE CITY OF ALBANY WHO WANTS

ONE TO COMMIT A CRIME OR ANY PLACE ELSE. WE ALREADY HAVE THE FIREARMS

OUT THERE TO CREATE THE NEXT SANDY HOOK OR THE NEXT COLUMBINE. I JUST

THINK THAT WHAT WE NEED IS TO -- TO RE-EMPOWER AND RESPECT OUR LAW

ENFORCEMENT. I THINK THAT THAT IS THE WAY THAT WE NEED TO GO HERE, NOT

-- THIS IS NOT THE DIRECTION THAT I WOULD PREFER TO GO IN. I'LL BE VOTING NO

ON THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

MRS. PEOPLES-STOKES: MR. SPEAKER.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

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

FOR RECORDING OUR COLLEAGUES MS. LUPARDO, MR. BRONSON, MRS. BARRETT,

MR. SANTABARBARA, AND MR. STIRPE IN THE NEGATIVE ON THIS ONE. THANK

YOU.

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NYS ASSEMBLY JUNE 8, 2021

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.

PAGE 40, CALENDAR NO. 370 ON THE MAIN CALENDAR, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06198-B, CALENDAR

NO. 370, PAULIN, FAHY, OTIS, GRIFFIN, ZINERMAN, SEAWRIGHT,

ENGLEBRIGHT, STECK, THIELE, GOTTFRIED, DINOWITZ, GALEF, EPSTEIN,

MEEKS, ANDERSON, RICHARDSON, SIMON, L. ROSENTHAL, LAVINE, STERN,

BURGOS, DAVILA. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO THE

PURCHASE AND DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: UNDER CURRENT LAW, IF YOU HAVE A

CERTAIN FELONY OR OTHER CRIMINAL CONVICTIONS, YOU ARE INELIGIBLE TO OWN

A GUN OR TO BUY A GUN. AND MOST OF US AGREE, I THINK, WITH THOSE

RESTRICTIONS. THIS BILL TAKES IT ONE STEP FURTHER AND SAYS YOU CANNOT BUY

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NYS ASSEMBLY JUNE 8, 2021

A GUN NOR CAN ANYONE SELL YOU A GUN IF THERE'S AN OUTSTANDING WARRANT

FOR YOUR ARREST FOR A FELONY. AND MOST OF US ARE FAMILIAR WITH THE

CONCEPT OF INNOCENT UNTIL PROVEN GUILTY AND, THEREFORE, MOST OF THE TIME

WE ONLY REMOVE CIVIL LIBERTIES AND RIGHTS UPON CONVICTION, NOT UPON THE

ISSUANCE OF AN ARREST WARRANT. AND SO MANY OF MY COLLEAGUES ARE

CONCERNED THAT WE'RE IMPAIRING SECOND AMENDMENT RIGHTS FOR

INDIVIDUALS WHO HAVE NOT HAD ANY OPPORTUNITY IN COURT TO DEFEND

THEMSELVES MERELY BECAUSE A JUDGE HAS ISSUED A WARRANT BASED ON A

VERY LOW STANDARD OF PROBABLE CAUSE AND NOT BASED ON ANY HIGHER

STANDARD SUCH AS EVEN PREPONDERANCE OF EVIDENCE OR BEYOND ANY

REASONABLE DOUBT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1, 2021.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 5000-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.

(PAUSE)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO

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

CAN RECORD YOUR SUPPORT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

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MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: OUR MAJORITY COLLEAGUES

WILL GENERALLY BE IN FAVOR OF THIS PIECE OF LEGISLATION; HOWEVER, SHOULD

ANY DECIDE TO BE AN EXCEPTION, THEY SHOULD CONTACT THE MAJORITY

LEADER'S OFFICE AND WE WILL BE HAPPY TO RECORD THEIR VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MS. PAULIN TO EXPLAIN

HER VOTE.

MS. PAULIN: I'LL MAKE ONE POINT OF CLARIFICATION.

IT'S ALREADY AGAINST -- IT'S ALREADY A FEDERAL PROHIBITOR, IT MEANS FEDERAL

LAW THAT SAYS THAT A FUGITIVE FROM JUSTICE, WHICH IS WHAT SOMEONE IS

THAT -- WHERE THERE'S AN OUTSTANDING WARRANT WHEN YOU COMMITTED A

FELONY OR SERIOUS OFFENSE, YOU CAN'T GET A GUN. SO IT'S ALREADY A FEDERAL

STATUTE. WHAT THIS BILL DOES IS IT CLEARS UP A DISPUTE BETWEEN THE FBI

AND ATF. THE FBI SAID THAT IF YOU'RE A FUGITIVE FROM JUSTICE, IF YOU --

IF YOU HAVE AN OUTSTANDING WARRANT WITHIN THE STATE OR OUTSIDE OF THE

STATE, AND THE ATF SAID NO, IT'S ONLY THE OUTSIDE OF THE STATE. AND

WHAT THAT CONFUSION DID WAS IT LED DCJS IN NEW YORK STATE AND OTHER

STATES FROM PUTTING WHAT IS ALREADY A FEDERAL PROHIBITOR INTO THE NICS

DATABASE.

SO ALL THIS BILL DOES IS IT MAKES NEW YORK STATE IN

COMPLIANCE WITH THE FEDERAL LAW WHICH ALREADY STATES THAT A FUGITIVE

FROM JUSTICE, SOMEONE WHO HAS AN OUTSTANDING WARRANT FOR HAVING BEEN

ALLEGED TO HAVE COMMITTED A FELONY OR A SERIOUS CRIME IS -- IS, INDEED,

PROHIBITED FROM GETTING A GUN. SO ALL IT DOES IS IT CLARIFIES THAT AND IT

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ALLOWS DCJS TO PROTECT NEW YORKERS FROM THOSE CRIMINALS. SO WITH

THAT, I WITHDRAW MY -- I VOTE IN THE POSITIVE, WHATEVER.

ACTING SPEAKER CUSICK: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ON THE A-CALENDAR, PAGE 21, RULES REPORT NO. 601,

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07243, RULES REPORT

NO. 601, RICHARDSON, SIMON, GALEF, ENGLEBRIGHT, JACOBSON,

MCMAHON. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

REQUIRING THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE DIVISION OF

STATE POLICE TO PUBLISH QUARTERLY REPORTS PROVIDING INFORMATION RELATED

TO FIREARMS, RIFLES AND SHOTGUNS USED IN THE COMMISSION OF CRIMES IN

THE STATE OF NEW YORK.

ACTING SPEAKER CUSICK: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER CUSICK: ON THE BILL.

MR. GOODELL: THIS BILL REQUIRES THE DIVISION OF

CRIMINAL JUSTICE SERVICES TO PUBLISH QUARTERLY REPORTS RELATED TO

FIREARMS, RIFLES AND SHOTGUNS USED IN THE COMMISSION OF CRIMES. AND

WHILE I THINK THAT DATA IS HELPFUL AND, INDEED, WE'VE HAD NUMEROUS

MEMBERS MENTION REPORTS FROM THE ATTORNEY GENERAL THAT HAD THAT DATA

AND, IN FACT, IF YOU GO ON AND LOOK, YOU CAN FIND THIS DATA. THE CURRENT

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DATA IS CORRELATED ON AN ANNUAL BASIS RATHER THAN A QUARTERLY BASIS. AND

MOST OF US THINK THAT ANNUAL REPORTS ARE PROBABLY ADEQUATE FOR US TO

MONITOR WHAT'S GOING ON AND GET A HANDLE ON IT AND THIS, WE THINK, JUST

REQUIRES MORE REPORTING THAN IS NECESSARY AND THE COROLLARY, FOUR TIMES

MORE THE COST. AND THAT'S THE ONLY REAL ISSUE WE HAD WITH THIS BILL.

THANK YOU.

ACTING SPEAKER CUSICK: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER CUSICK: THE CLERK WILL

RECORD THE VOTE ON SENATE 1251. 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 QUARTERLY REPORTING

REQUIREMENT. THOSE WHO SUPPORT IT SHOULD CERTAINLY CONTACT THE

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

YOU, SIR.

ACTING SPEAKER CUSICK: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN SUPPORT

OF MAINTAINING THIS DATA ON A QUARTERLY BASIS. SHOULD ANY COLLEAGUES

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DESIRE TO BE AN EXCEPTION, FEEL FREE TO CONTACT THE MAJORITY LEADER'S

OFFICE AND THEIR VOTE WILL BE PROPERLY RECORDED. THANK YOU, SIR.

ACTING SPEAKER CUSICK: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 31, RULES REPORT NO. 652, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07957, RULES REPORT

NO. 652, RICHARDSON, L. ROSENTHAL. AN ACT TO AMEND THE DOMESTIC

RELATIONS LAW, IN RELATION TO AUTHORIZING THE COURT TO DETERMINE THE

SEARCH AND SEIZURE ORDERS OF FIREARMS IN CONNECTION WITH ORDERS OF

PROTECTION.

ACTING SPEAKER CUSICK: AN EXPLANATION HAS

BEEN REQUESTED, MS. RICHARDSON.

MS. RICHARDSON: MR. SPEAKER, BEFORE I BEGIN, I

WOULD LIKE TO SAY GOOD EVENING TO YOU AS WELL AS MY COLLEAGUES AND TO

THE 43RD ASSEMBLY DISTRICT WHO IS PROUDLY WATCHING US DEBATE THIS BILL

IN THIS MOMENT. THIS BILL WOULD AMEND THE DOMESTIC RELATIONS LAW TO

AUTHORIZE THE STATE SUPREME COURT TO ISSUE SEARCH AND SEIZURE ORDERS

RELATED TO FIREARMS POSSESSED IN THE VIOLATION OF ORDERS OF PROTECTION

ISSUED IN MATRIMONIAL PROCEEDINGS.

ACTING SPEAKER CUSICK: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS?

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MS. RICHARDSON: ABSOLUTELY, MR. SPEAKER.

ACTING SPEAKER CUSICK: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU SO MUCH. I JUST HAVE A

COUPLE OF QUESTIONS. MY -- MY FIRST QUESTION IS IN THE LANGUAGE OF THE

BILL ITSELF, AND I'M LOOKING ON PAGE 1 AROUND LINE 20 OR SO, IT TALKS

ABOUT A WILLFUL -- WILFULLY REFUSES TO SURRENDER SUCH FIREARM, RIFLE, ET

CETERA. WHAT WOULD YOU THINK WOULD CONSTITUTE, KIND OF, WILLFUL

CONDUCT? IT'S MORE THAN FOOT DRAGGING, RIGHT, NOT DOING IT IN A TIMELY

WAY? OR WHAT DO YOU THINK WILLFULLY WOULD MEAN?

MS. RICHARDSON: IT IS UP TO THE JUDGE TO

DETERMINE WHAT WILLFULLY CONSTITUTES.

MS. WALSH: OKAY. SO YOU WOULD LEAVE THAT TO THE

DISCRETION OF THE COURT TO FIGURE THAT OUT, THAT'S VERY GOOD. NOW, IS THIS

-- IN YOUR VIEW, DOES THIS BILL REPRESENT A MODIFICATION OR AMENDMENT

OR ADDITION TO THE RED FLAG LAW THAT WE -- THAT THIS BODY PASSED A

COUPLE YEARS AGO?

MS. RICHARDSON: YES. IN 2020, WE DID PASS

WHAT IS CALLED THE RED FLAG LAW AND SO WE'VE MADE SOME ADJUSTMENTS

TO THE CRIMINAL PROCEDURE LAW AND THE FAMILY COURT ACT, BUT WE DID

NOT MAKE THE APPROPRIATE PARITY FOR SUPREME COURT IN MATRIMONIAL

PROCEEDINGS.

MS. WALSH: ALL RIGHT. SO WHAT THIS DOES IS IT TAKES

THE RED FLAG LAW AND IT JUST MAKES IT -- BRINGS IT INTO STATE SUPREME

COURT WHEN THEIR HANDLING MATRIMONIAL MATTERS INVOLVING AN ORDER OF

PROTECTION, EITHER TEMPORARY OR PERMANENT ORDER OF PROTECTION, IS THAT

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RIGHT?

MS. RICHARDSON: WELL, I'M GETTING CLARITY HERE

FROM LEGAL COUNSEL. IT'S NOT THE RED FLAG LAW. WHEN WE START

REFERRING TO ALL THESE LAWS BY NAMES, RICHARDSON GETS A BIT CONFUSED.

BUT I CAN SAY THIS TO YOU, MA'AM: IN THE 2020 BUDGET, CHAPTER 55 OF

THE LAWS IN 2020, THE LEGISLATURE AMENDED THE CRIMINAL PROCEDURE

LAW AND THE FAMILY COURT ACT WHICH AUTHORIZED COURTS TO ISSUE SEARCH

AND SEIZURE ORDERS REGARDING FIREARMS IN CONNECTIONS WITH ORDER OF

PROTECTION. SO WE DID IT IN THOSE TWO PARTICULAR AREAS, BUT WE DID NOT

BRING THE PARITY HERE TO THIS SUBSECTION OF THE LAW.

MS. WALSH: OKAY SO -- BUT THIS DOESN'T HAVE TO DO

WITH THE EXTREME RISK PROTECTION ORDERS, CORRECT?

MS. RICHARDSON: NO, IT DOES NOT.

MS. WALSH: OKAY. I JUST -- THANK YOU FOR THAT

CLARIFICATION. SO I GUESS MY QUESTION IS I WAS SPEAKING EARLIER WITH A

JUDGE THAT I KNOW VERY WELL AND WHO IS A SUPREME COURT JUDGE AND HE

SAID THAT THIS IS BEING DONE ALL THE TIME ALREADY. SO WHY DO WE NEED

THIS BILL, THEN, IF THIS IS ALREADY BEING DONE BY OUR SUPREME COURT

JUDGES?

MS. RICHARDSON: THIS MAKES IT VERY CLEAR IN THE

STATUTE THAT THE JUDGE HAVE THE INHERENT POWER. AND SO WHAT WE WANT

IS CONSISTENCY ACROSS THE STATE OF NEW YORK WITH NO CONFUSION, AND

WITH THIS PIECE OF LEGISLATION, WE PROVIDE THAT CLARITY.

MS. WALSH: VERY GOOD. THANK YOU SO MUCH FOR

YOUR ANSWERS.

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MR. SPEAKER, ON THE BILL.

ACTING SPEAKER CUSICK: ON THE BILL.

MS. WALSH: I APPRECIATE THE SPONSOR'S ANSWERS TO

MY QUESTIONS. I WILL BE SUPPORTING THIS BILL TO THE EXTENT THAT THERE IS

ANY CONFUSION ACROSS THE STATE THAT SUPREME COURT JUDGES ALREADY

HAVE AND HAD AND DID EXERCISE THIS ABILITY TO FORCE A LITIGANT THAT IS THE

SUBJECT OF A TEMPORARY ORDER OF PROTECTION OR AN ORDER OF PROTECTION IN

A MATRIMONIAL MATTER WHO IS WILLFULLY REFUSING OR WILL NOT GIVE UP THEIR

FIREARMS, RIFLES, OR SHOTGUNS, THAT THE COURT MAY ORDER THE SEIZURE OF

SUCH WEAPONS IN APPROPRIATE CIRCUMSTANCES WHEN FOUND IN THE JUDGE'S

DISCRETION TO BE AN APPROPRIATE CASE. SO I'LL BE SUPPORTING THIS BILL AND

I THANK THE SPONSOR.

ACTING SPEAKER CUSICK: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER CUSICK: THE CLERK WILL

RECORD THE VOTE ON A-7957. THIS IS A FAST ROLL CALL. ANY MEMBER WHO

WISHES TO 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. RICHARDSON TO EXPLAIN HER VOTE.

MS. RICHARDSON: MR. SPEAKER, I WANT TO SAY

THANK YOU TO YOU, TO THE LEADERSHIP OF THE NEW YORK STATE ASSEMBLY,

AS WELL AS ALL OF MY COLLEAGUES FOR US UNDERTAKING WHAT MAY HAVE BEEN

VERY DIFFICULT TO CONCEPTUALIZE AT THE BEGINNING OF THIS LEGISLATIVE

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SESSION. IT HAS BEEN STATED ACROSS THIS EVENING SO MANY TIMES THAT GUN

VIOLENCE IS ON THE RISE ACROSS THE STATE OF NEW YORK, AND WE HAVE PUT

TOGETHER THIS LEGISLATIVE PACKAGE CRAFTED WITH GREAT INTENTION TO BE

SOLUTION-ORIENTED AROUND THE ISSUE OF ILLEGAL GUNS COMING INTO THE STATE

OF NEW YORK AND BEING USED IN THE COMMISSION OF CRIMES. BUT

MOREOVER, ENSURING THAT THERE IS SAFETY INSIDE HOMES WERE NECESSARY,

ESPECIALLY WHEN ORDER OF PROTECTIONS HAVE BEEN ISSUED.

MR. SPEAKER, AGAIN, I WANT TO COMMEND MY

COLLEAGUES ON BOTH -- ON THE OTHER SIDE OF THE AISLE WHO HAVE ALSO

JOINED IN WITH ME IN SUPPORTING THIS LEGISLATION. AS WELL AS I MUST

UPLIFT IN THIS MOMENT THE BLACK, HISPANIC, PUERTO RICAN AND ASIAN

CAUCUS OF THIS GREAT STATE LEGISLATURE WHO HAS WORKED VERY TIRELESSLY

THIS ENTIRE LEGISLATIVE SESSION TO CRAFT SAID GUN PACKAGE THAT IS COMING

BEFORE US THIS EVENING. YOU KNOW, WE DO UNDERSTAND ALTHOUGH WE ARE

MEMBERS OF THE BLACK CAUCUS AND WE ARE OVER 60 STRONG, THAT IT IS

COLLECTIVELY ACROSS COUNTY, ACROSS CULTURE, AND ACROSS THE WORLD THAT WE

COME TOGETHER IN THIS BODY TO REPRESENT THE DIVERSITY OF NEW YORK

STATE. SO MY GRATITUDE IS OVERWHELMING, AS WELL TO THE STAFF FOR US

BEING IN THIS MOMENT. AND WITH THAT, I PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER CUSICK: MS. RICHARDSON IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 21, RULES REPORT NO. 605, THE CLERK WILL READ.

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NYS ASSEMBLY JUNE 8, 2021

THE CLERK: ASSEMBLY NO. A07302, RULES REPORT

NO. 605, SIMON, ZINERMAN, RICHARDSON, EPSTEIN, MEEKS, ANDERSON,

GONZ�LEZ-ROJAS, BURGOS. AN ACT TO AMEND THE EDUCATION LAW AND THE

STATE FINANCE LAW, IN RELATION TO CREATING A FIREARM VIOLENCE RESEARCH

INSTITUTE.

ACTING SPEAKER CUSICK: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER CUSICK: WILL THE SPONSOR

YIELD?

(PAUSE)

MS. SIMON: SORRY. IT WAS TELLING ME I COULDN'T

UNMUTE MYSELF. SO ANYWAY... YES, OF COURSE.

ACTING SPEAKER CUSICK: GREAT. THE SPONSOR

YIELDS.

MR. GOODELL: THANKS, MS. SIMON. I CAN ONLY

IMAGINE HOW FRUSTRATING IT IS NOT TO BE ABLE TO UNMUTE, THAT'S WHY I'M

ON THE FLOOR.

MS. SIMON: MAZEL TOV.

MR. GOODELL: BUT THANK YOU FOR WILLING TO

ANSWER QUESTIONS. I KNOW YOUR BILL CREATES A NEW YORK STATE FIREARM

VIOLENCE RESEARCH INSTITUTE WITHIN THE JURISDICTION OF SUNY THAT'S

HEADED UP BY AN EXECUTIVE COMMITTEE. AND I KNOW THAT THERE ARE TWO

AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR, TWO MEMBERS APPOINTED

BY THE TEMPORARY PRESIDENT OF THE SENATE AND TWO MEMBERS APPOINTED

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NYS ASSEMBLY JUNE 8, 2021

BY THE SPEAKER OF THE ASSEMBLY. IS THERE ANY REASON WHY THIS GUN

VIOLENCE RESEARCH INSTITUTE EXECUTIVE COMMITTEE HAS NO REPRESENTATIVES

APPOINTED FROM THE REPUBLICAN MINORITY ON EITHER THE SENATE OR THE

ASSEMBLY?

MS. SIMON: I'M SORRY. COULD YOU TELL ME WHERE

YOU'RE LOOKING, BECAUSE I'M NOT QUITE --

MR. GOODELL: CERTAINLY. IT'S ON PAGE 2, LINE 52

THROUGH 55.

(PAUSE)

MS. SIMON: SO I'M NOT SURE I FOLLOW YOUR QUESTION

THAT THERE WERE MORE REPUBLICANS ON THE COMMITTEE THAN NOT?

MR. GOODELL: THERE ARE NO APPOINTMENTS OF ANY

KIND BY THE MINORITY LEADER IN THE ASSEMBLY OR THE MINORITY LEADER

IN THE SENATE. IS THERE A REASON WHY THERE ARE NO APPOINTMENTS TO THIS

EXECUTIVE COMMITTEE FROM THE MINORITY?

MS. SIMON: I DON'T KNOW THAT THERE WAS A SPECIFIC

REASON FOR THAT, PERHAPS IT -- I DON'T BELIEVE THAT THE SPEAKER IS LIMITED

BY APPOINTING ONLY DEMOCRATS, FOR EXAMPLE; HOWEVER, YOU KNOW, I

DON'T KNOW WHAT THAT PARTICULAR REASON WAS.

MR. GOODELL: I SEE. WELL, IF WE GET AN

OPPORTUNITY TO REVISIT THIS, IT WOULD BE HELPFUL, IN MY OPINION, TO HAVE

REPRESENTATIVES FROM THE MINORITY BECAUSE THE REPUBLICAN MINORITY

REPRESENTS ABOUT 28 TO 30 PERCENT OF THE ENTIRE STATE AND SOME OF THE

ISSUES THAT WE ADDRESS, PARTICULARLY IN UPSTATE NEW YORK OR MORE RURAL

PARTS OF NEW YORK CAN BE DIFFERENT. AND SO HAVING THAT BROADER

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PERSPECTIVE CAN BE VERY HELPFUL. I NOTE THAT THIS BILL PROVIDES FOR AN

INSTITUTE DIRECTOR, PRESUMABLY A FULL-TIME EMPLOYEE; IS THAT YOUR INTENT?

MS. SIMON: YES.

MR. GOODELL: AND IT CREATES A FIREARM VIOLENCE

RESEARCH FUND, BUT THERE'S NO APPROPRIATION, IS THERE, IN THIS BILL?

MS. SIMON: THIS BILL WOULD APPROPRIATE $5 MILLION

IN THE BUDGET TO BE SPREAD OUT OVER THE NEXT FIVE YEARS.

MR. GOODELL: SO YOU ENVISION AN AMENDMENT TO

THE BUDGET, IS THAT WHAT YOU ENVISION IN THIS? OR DO YOU ENVISION THAT

THAT $5 MILLION WOULD BE ADDED NEXT YEAR?

MS. SIMON: THAT WOULD -- I WOULD ENVISION IT

BEING ADDED NEXT YEAR BECAUSE IT WOULD, YOU KNOW, BY THE TIME YOU GET

THIS ORGANIZED AND SET UP, THE MONEY WOULD BE ALLOCATED NEXT YEAR.

THERE IS SOME MINIMAL FUNDING ALREADY WITH THE GUN VIOLENCE RESEARCH

INSTITUTE, BUT IT HASN'T BEEN ESTABLISHED BECAUSE IT WASN'T ENOUGH. SO

NOW WITH THE PROMISE OF FUNDING, WE WILL BE ABLE TO ACTUALLY GET THIS --

GET THIS SHOW ON THE ROAD, SO-TO-SPEAK.

MR. GOODELL: THANK YOU, MS. SIMON.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I SUPPORT THE CREATION OF THIS

RESEARCH INSTITUTE. I THINK IT'S IMPORTANT TO UNDERSTAND THAT GUN

VIOLENCE INVOLVES A LOT MORE THAN JUST SOMEBODY HAVING A GUN, AND

THAT THERE ARE A LOT OF ISSUES THAT DEAL WITH GANG VIOLENCE, THAT DEAL WITH

A DISRESPECT FOR HUMAN LIFE, THAT DEAL WITH A CULTURE. AND YOU SEE THAT

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NYS ASSEMBLY JUNE 8, 2021

DRAMATICALLY WHEN YOU COMPARE, FOR EXAMPLE, TWO CITIES WITH VERY

SIMILAR DEMOGRAPHICS, CHICAGO THAT THE BANS ALL HANDGUNS AND DALLAS

THAT WELCOMES THEM. AND THE CRIME RATES IN THOSE TWO CITIES IS

DRAMATICALLY DIFFERENT, THE MURDER RATE IS DRAMATICALLY DIFFERENT, THE

GUN VIOLENCE RATE IS DRAMATICALLY DIFFERENT. AND SO THERE'S A LOT MORE

GOING ON THAN JUST POSSESSION OF GUNS. AND OF COURSE, GETTING AT SOME

OF THOSE OTHER SOCIOLOGICAL ISSUES, CULTURAL ISSUES, GANG ISSUES, THOSE

ARE REALLY DIFFICULT AND TOUGH ISSUES AND HAVING AN ORGANIZATION THAT'S

FOCUSED ON TRYING TO FIGURE OUT THE BEST APPROACH TO BRING DOWN GUN

VIOLENCE, ADDRESSING THE MENTAL HEALTH ASPECTS, THE PERSONAL ASPECTS,

THE PSYCHOLOGICAL ASPECTS, ALL THAT I THINK IS IMPORTANT.

AND SO I WILL BE SUPPORTING THIS, BUT I DO ENCOURAGE

THE SPONSOR TO CONSIDER BROADENING THE EXECUTIVE COMMITTEE TO INCLUDE

REPRESENTATIVES APPOINTED BY THE MINORITY BECAUSE I THINK THE MINORITY

DOES BRING A DIFFERENT PERSPECTIVE, A VALUABLE PERSPECTIVE, AND ONE THAT

CAN FURTHER THE MISSION OF THIS INSTITUTE. SO I WILL BE SUPPORTING IT, BUT

WOULD HOPE AND ENCOURAGE MY COLLEAGUES TO CONSIDER AMENDING IT IN

THE FUTURE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GIGLIO.

MS. GIGLIO: MR. SPEAKER, TO EXPLAIN MY VOTE -- OH,

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, THAT'S A

GOOD IDEA.

MS. GIGLIO: OKAY, ON THE BILL. SO I WANT TO

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REITERATE EVERYTHING THAT MY COLLEAGUE JUST SAID AND ALSO INCLUDE THAT A

LOT OF THESE CRIMES ARE PSYCHOLOGICAL OR MENTAL HEALTH, AND I DON'T SEE

ANYBODY ON THE EXECUTIVE COMMITTEE EITHER FROM LAW ENFORCEMENT THAT

ARE INVESTIGATING THESE CRIMES, OR FROM ANY SOCIAL WORKER OR

PSYCHOLOGIST THAT DEALS WITH PEOPLE THAT HAVE MENTAL ISSUES THAT CAUSE

THESE CRIMES, SO -- AS WELL AS A MEMBER FROM THE MINORITY. SO I THINK

IT'S IMPORTANT TO BRING LAW ENFORCEMENT IN AND TO BRING SOCIAL WORKERS

IN AS WE'VE BEEN TALKING ABOUT ALL YEAR.

AND I SEE IT SAYS THAT THERE WILL BE A VERY -- FROM

VARYING BACKGROUNDS WITH MEMBERS SELECTED FROM THE SCIENTIFIC

COMMUNITY, ACADEMIC COMMUNITY, FROM GOVERNMENT SERVICE, AND IT

SHALL CONSIST OF TEN MEMBERS INCLUDING THE COMMISSIONER,

COMMISSIONER OF CRIMINAL JUSTICE SERVICES, THE COMMISSIONER OF

HEALTH, THE CHANCELLOR OF THE UNIVERSITY OR THEIR DESIGNEES, TWO TO

AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR, TWO AT-LARGE MEMBERS

APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND TWO APPOINTED

BY THE SPEAKER OF THE ASSEMBLY. I THINK IT'S VERY IMPORTANT TO HAVE

SOCIAL WORKERS AND POLICE AND LAW ENFORCEMENT, AND MAYBE EVEN A

PRO-SECOND AMENDMENT PERSON ON THIS COMMISSION TO EXPLAIN THE

OTHER SIDE IN ORDER TO MAKE IT BIPARTISAN AND FAIR.

SO I'M GOING TO BE SUPPORTING THIS, AS WELL, AND WILL

BE LOOKING FOR AMENDMENTS WHEN IT COMES TO THE ASSIGNMENT OF WHO

WOULD SIT ON THIS EXECUTIVE COMMITTEE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 8, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2981. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GALLAHAN TO EXPLAIN HIS VOTE.

MR. GALLAHAN: THANK YOU, MR. SPEAKER. I HAVE

MENTIONED THIS OTHER TIMES IN THE CHAMBER AND THE REASON FOR MY NO

VOTE IS THERE ABSOLUTELY NO REPRESENTATION PLAN FROM THE MINORITY PARTY,

AND THIS IS NOT THE FIRST TIME OR THE SECOND TIME OR THE THIRD TIME I HAVE

SEEN THIS HAPPEN. AND, THEREFORE, I WILL BE VOTING IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MR. GALLAHAN IN THE

NEGATIVE.

MR. -- MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, TO EXPLAIN MY VOTE, MR.

SPEAKER. YOU KNOW, LITTLE IS KNOWN ABOUT THE FACTORS THAT GIVE RISE TO

FIREARM VIOLENCE AND ITS PREVENTION. ITS PHYSICAL AND SOCIAL IMPACTS ARE

A SIGNIFICANT PUBLIC HEALTH AND SAFETY PROBLEM, AND BECOMING MORE SO.

NEVERTHELESS, THE FUNDING FOR RESEARCH THROUGH THE CENTERS FOR DISEASE

CONTROL AND PREVENTION WAS ELIMINATED BY CONGRESS IN 1996. EFFORTS

TO RESTORE THAT FUNDING HAVE BEEN UNSUCCESSFUL BECAUSE OF ACTIVE AND

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WELL-FINANCED SPECIAL INTEREST GROUPS AND IT HAS BEEN, SO FAR, ONE -- TWO

STEPS AHEAD AND ONE STEP BACK.

UNLIKE OTHER MAJOR HEALTH AND SOCIAL CONCERNS SUCH AS

MOTOR VEHICLE ACCIDENTS AND CANCER AND HEART DISEASE, TOO LITTLE

RESEARCH HAS BEEN INVESTED IN FIREARM VIOLENCE. ESTABLISHING THIS

CENTER WILL ENSURE LONG-TERM EFFORTS TOWARDS UNDERSTANDING AND

PREVENTING FIREARM-RELATED GUN VIOLENCE AGAINST NEW YORKERS. AND

WHAT WE NEED IS NOT CONJECTURE. WE NEED NOT FAKE STATISTICS THAT FAIL TO

RECOGNIZE THAT CORRELATION IS NOT CAUSATION. CORRELATION INDICATES AN

AREA WHERE TWO VARIABLES INTERSECT AND MERIT FURTHER STUDY. AND THAT IS

WHAT THIS RESEARCH INSTITUTE WILL DO, BECAUSE THERE IS NO OTHER SIDE TO

RESEARCH.

THE EXECUTIVE COMMITTEE IS NOT SO LIMITED THAT IT

CANNOT HAVE A PSYCHOLOGIST, WHO IS A SCIENTIFIC PERSON, SITTING ON THE

EXECUTIVE COMMITTEE. BUT IT IS ABOUT RESEARCH AND ONLY RESEARCH. WE

ARE LOSING 40,000 LIVES A YEAR ANNUALLY, AND THE NUMBER IS RISING.

CHILDREN ARE BEING KILLED AND WE KNOW THAT BLACK CHILDREN ARE FOUR

TIMES LIKELY TO BE KILLED BY GUN VIOLENCE THAN WHITE CHILDREN. WE

NEED TO STUDY THIS PROBLEM AND THE GUN VIOLENCE RESEARCH INSTITUTE WILL

DO JUST THAT AND BETTER INFORM THE LEGISLATURE ABOUT POLICY IN THE

FUTURE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. MR. --

MS. SIMON IN THE AFFIRMATIVE.

MR. FITZPATRICK TO EXPLAIN HIS VOTE.

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

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NYS ASSEMBLY JUNE 8, 2021

I -- I -- WHILE THE GOAL I THINK IS -- IS NOBLE, I THINK THERE'S MORE THAN

ENOUGH SCHOLARSHIP ON THE CAUSES OF GUN VIOLENCE AND THE SOCIAL

VIOLENCE THAT IS EXPERIENCED IN THIS COUNTRY AND IN NEW YORK STATE.

THE LACK OF MINORITY MEMBERSHIP ON THIS -- IN THIS INSTITUTE IS NOT BY

ACCIDENT, IT IS INTENTIONAL AND THEREFORE, I DO NOT BELIEVE THIS IS A

SINCERE EFFORT TO STUDY THIS ISSUE FROM EVERY POSSIBLE ANGLE. THIS WILL

CONCLUDE WHAT THE USUAL NARRATIVE THAT IT'S ALL ABOUT THE GUNS AND THE

MANUFACTURERS WITHOUT LOOKING AT WHAT -- WHAT REALLY IS BEHIND THE

CAUSE OF THIS VIOLENCE. I WOULD POINT TO THE SCHOLARSHIP OF A GREAT

ECONOMIST, THOMAS SOWELL, A GREAT SOCIAL THINKER WHO HAS SOME VERY,

VERY GOOD IDEAS AND SCHOLARSHIP ON THE CAUSES OF GUN VIOLENCE AND

VIOLENCE IN SO MANY OF OUR COMMUNITIES.

SO THE LACK OF AN APPOINTMENT BY THE MINORITY -- FOR

THE MINORITY ON THIS COMMISSION, AGAIN, IS INTENTIONAL BECAUSE THE GOAL

HERE IS TO CONTINUE TO DRIVE A NARRATIVE THAT WILL IGNORE THE REAL ROOT

CAUSES OF THIS VIOLENCE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE

NEGATIVE.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU

PLEASE RECORD OUR COLLEAGUES MR. DIPIETRO, MR. FITZPATRICK, MR. FRIEND,

MR. MILLER, MR. NORRIS, AND MR. SCHMITT ALL IN THE NEGATIVE ON THIS BILL.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH, SO NOTED.

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NYS ASSEMBLY JUNE 8, 2021

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD RECORD OUR COLLEAGUE, MR. SANTABARBARA, IN THE

NEGATIVE ON THIS ONE. THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED, MRS.

PEOPLES-STOKES.

MR. TAGUE, HOWEVER, TO EXPLAIN HIS VOTE.

MR. TAGUE: THANK YOU, MR. SPEAKER. AS SO WAS

ELOQUENTLY SPOKEN BY MY COLLEAGUE, MR. FITZPATRICK, I AM A NEGATIVE

ON THIS BILL, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

TAGUE. MR. TAGUE 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

COULD GO BACK TO OUR A-CALENDAR AND TAKE UP A BILL ON CONSENT THAT

WAS INADVERTENTLY LAID ASIDE, IT IS RULES REPORT NO. 519, ASSEMBLY BILL

NO. 499-A BY MR. CARROLL.

ACTING SPEAKER AUBRY: PAGE 3, RULES REPORT

NO. 519, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00499-A, RULES

REPORT NO. 519, CARROLL, HEVESI, L. ROSENTHAL, BENEDETTO, COLTON,

CYMBROWITZ, DINOWITZ, GOTTFRIED, WEPRIN. AN ACT TO AMEND THE

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NYS ASSEMBLY JUNE 8, 2021

ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO ENACTING

THE NEW YORK CITY DEPARTMENT OF BUILDINGS COMMUNITY

ACCOUNTABILITY ACT.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT A-499-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. JOINING MR.

EICHENSTEIN IN THE NEGATIVE IS MR. DIPIETRO. THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

MRS. PEOPLES-STOKES, BUT WE DO HAVE RESOLUTIONS.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

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NYS ASSEMBLY JUNE 8, 2021

ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., WEDNESDAY, JUNE THE 9TH,

TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: WE DO HAVE

RESOLUTIONS -- I KNOW, I WANT TO GO, TOO.

ON THESE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY

SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 422-427

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES, TAKE US HOME.

MRS. PEOPLES-STOKES: CAN WE GO NOW?

ACTING SPEAKER AUBRY: YOU CAN GO NOW.

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

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., WEDNESDAY

JUNE THE 9TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 10:08 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, JUNE 9TH AT 10:00 A.M., WEDNESDAY BEING

A SESSION DAY.)

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