WEDNESDAY, JUNE 9, 2021 11:34 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, JUNE 8TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY JUNE 9, 2021

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

JUNE THE 8TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION,

SO ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I'D LIKE TO TAKE A MOMENT TO WELCOME COLLEAGUES TO THE THIRD

DAY OF THE 24TH WEEK OF THE 244TH LEGISLATIVE SESSION. AND WE'D LIKE

TO ACTUALLY START WITH A QUOTE, MR. SPEAKER, THAT COMES FROM REED

MARKHAM, WHO WAS AN AUTHOR OF BOOKS SUCH AS THE EXCELLENCE IN

PUBLIC SPEAKING. HIS WORDS FOR US TODAY, SUCCESSFUL LEADERS SEE

OPPORTUNITIES IN EVERY DIFFICULTY RATHER THAN THE DIFFICULTY IN EVERY

OPPORTUNITY. AGAIN, THOSE WORDS ARE FROM REED MARKHAM.

THERE IS, MR. SPEAKER, NOTHING POWERFULLY DIFFICULT

ABOUT WHAT'S BEFORE US TODAY, BUT IT IS OUR RESPONSIBILITY AS LEADERS TO

MOVE FORWARD. COLLEAGUES DO HAVE ON THEIR DESK THE MAIN CALENDAR AS

WELL AS AN A-CALENDAR WHICH NOW, MR. SPEAKER, I WOULD LIKE TO

ADVANCE THAT A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

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

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: YOU'RE WELCOME.

MRS. PEOPLES-STOKES: AFTER ANY HOUSEKEEPING

OR INTRODUCTIONS WE'RE GOING TO START BY TAKING UP RESOLUTIONS ON PAGE 3

NYS ASSEMBLY JUNE 9, 2021

OF OUR MAIN CALENDAR. OUR PRINCIPAL WORK FOR TODAY WILL BE TO

CONTINUE DOING CONSENT ON NEW BILLS, BEGINNING WITH RULES REPORT NO.

622 ON PAGE 26 OF THE MAIN CALENDAR. AND WE WILL OTHERWISE BE

WORKING OFF THE EXISTING DEBATE LIST. AT SOME POINT THIS AFTERNOON

WE'RE GOING TO HAVE TO HAVE A RECESS. AND THERE WILL BE A CALL FOR THE

FOLLOWING COMMITTEE MEETINGS TO MEET: ELECTION LAW, CODES AND

WAYS AND MEANS. PROBABLY THERE WILL BE ADDITIONAL SCHEDULING

UPDATES THAT WILL BE ANNOUNCED LATER.

MR. SPEAKER, THAT'S THE GENERAL -- GENERAL OUTLINE OF

WHERE WE'RE GOING TO BE GOING TODAY. IF YOU HAVE ANY INTRODUCTIONS

AND/OR HOUSEKEEPING, NOW WOULD BE THE PERFECT TIME. AND I THANK YOU

VERY MUCH, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BURDICK FOR THE PURPOSES OF AN INTRODUCTION.

MR. BURDICK: THANK YOU, MR. SPEAKER. I'D LIKE TO

INTRODUCE A CONSTITUENT WHO'S JOINED ME TODAY, AND THIS IS HEATHER

LACKEY FROM THE TOWN OF LEWISBORO.

(APPLAUSE)

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BURDICK, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR. HOPE THAT YOU HAVE A GREAT VISIT HERE IN ALBANY. YOU ARE

ONE OF THE FEW THIS YEAR WHO HAS BEEN INTRODUCED, SO IT'S A PLEASURE TO

HAVE YOU. THANK YOU SO VERY MUCH, AND ENJOY.

(APPLAUSE)

NYS ASSEMBLY JUNE 9, 2021

RESOLUTIONS ON PAGE 3. THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 428, MR.

ZEBROWSKI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 2021, AS MIGRAINE AND HEADACHE

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 429, MR.

SCHMITT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 20-26, 2021, AS LIGHTNING SAFETY

AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION --

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

THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 430, MR.

GOTTFRIED.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM AUGUST 2021, AS AMBULATORY SURGERY

CENTER MONTH IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE

OBSERVANCE OF NATIONAL AMBULATORY SURGERY CENTER MONTH.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

NYS ASSEMBLY JUNE 9, 2021

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 431, MR.

HEVESI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M.

CUOMO TO PROCLAIM SEPTEMBER 2021, AS CHILDHOOD CANCER AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 432, MS.

SEAWRIGHT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM OCTOBER 26, 2021, AS INTERSEX

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. 433, MR.

SALKA.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JULY 5-9, 2021, AS HALL OF FAME

APPRECIATION WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. SALKA ON THE

RESOLUTION.

MR. SALKA: THANK YOU, MR. SPEAKER. ON THE

NYS ASSEMBLY JUNE 9, 2021

RESOLUTION. I HAVE THE HONOR OF HAVING THREE HALLS OF FAME IN MY

DISTRICT, THE 121ST. I HAVE THE BASEBALL HALL OF FAME, WHICH I HAVE A

OPPORTUNITY TO INVITE ALL THE MEMBERS TO VISIT US IN COOPERSTOWN, NEW

YORK. I ALSO HAVE THE BOXING HALL OF FAME IN CANASTOTA, NEW YORK.

AND ALSO I HAVE THE ABOLITIONIST HALL OF FAME IN PETERBORO, NEW YORK

AND THEY'RE KNOWN FOR HAVING THE CIVIL WAR REENACTMENT EVERY YEAR.

HOPEFULLY, NOW THAT THE COVID IS STARTING TO RESOLVE A BIT, WE'LL GET

THOSE BACK IN RUNNING ORDER. BUT I'M PROUD TO HAVE THREE HALLS OF FAME

IN MY DISTRICT, AND I APPRECIATE THE TIME TO BE ABLE TO -- TO SHOW MY

PRIDE.

THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON THE

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

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 434, MS.

HUNTER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M.

CUOMO TO PROCLAIM OCTOBER 2021, AS CAREERS IN CONSTRUCTION MONTH

IN THE STATE OF NEW YORK CITY IN CONJUNCTION WITH NATIONAL CAREERS IN

CONSTRUCTION MONTH.

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. 435, MS.

JEAN-PIERRE.

NYS ASSEMBLY JUNE 9, 2021

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM OCTOBER 31-NOVEMBER 6, 2021, AS

VETERANS 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.

PAGE 26, RULES REPORT NO. 622, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07716, RULES REPORT

NO. 622, CYMBROWITZ, BARRON, BURDICK. AN ACT TO AMEND THE PRIVATE

HOUSING FINANCE LAW, IN RELATION TO AUTHORIZING POWERS OF THE

HOUSING TRUST FUND CORPORATION, AND SPECIFYING THE SCOPE OF ELIGIBLE

PURCHASERS OF THE HOUSING FINANCE AGENCY AND THE NEW YORK CITY

HOUSING DEVELOPMENT CORPORATION BONDS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7149. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

FIRST VOTE OF THE DAY, MEMBERS.

NYS ASSEMBLY JUNE 9, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07719, RULES REPORT

NO. 623, BURDICK, CYMBROWITZ. AN ACT TO AMEND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO THE CONSTRUCTION OF MODULAR AND

MANUFACTURED HOUSING.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7185. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07727, RULES REPORT

NO. 624, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY

LAW, IN RELATION TO MODIFYING THE RETIREMENT PROGRAM FOR TRIBOROUGH

BRIDGE AND TUNNEL MEMBERS.

NYS ASSEMBLY JUNE 9, 2021

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 6976. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, MR. SPEAKER. THIS BILL

WOULD AMEND THE RETIREMENT AND SOCIAL SECURITY LAW TO ALLOW

MEMBERS OF THE NEW YORK CITY EMPLOYEES RETIREMENT SYSTEM THAT ARE

EMPLOYED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY TO RETIRE

AFTER 20 YEARS OF SERVICE EVEN THOUGH THEY AREN'T EVEN 50 YEARS OLD.

SO, IT ELIMINATES A REQUIREMENT THAT YOU BE AT LEAST 50 YEARS OLD TO

RETIRE. AND THAT MEANS IF YOU STARTED WORKING FOR THE BRIDGE AND

TUNNEL AUTHORITY WHEN YOU WERE 18, RIGHT OUT OF HIGH SCHOOL, YOU

COULD RETIRE WITH A FULL RETIREMENT PENSION AT AGE 38. AND UNDER OUR

STATE RETIREMENT SYSTEM, WHEN YOU ACTUALLY RETIRE YOU ARE FREE TO TAKE

ANY JOB IN THE PRIVATE SECTOR AND CONTINUE YOUR CAREER FOR THE NEXT 25

YEARS. AND WHILE I APPRECIATE THE DESIRE OF PEOPLE TO RETIRE IN THEIR LATE

30S OR EARLY 40S, GET A RETIREMENT FOR THE REST OF THEIR LIVES WHILE THEY

NYS ASSEMBLY JUNE 9, 2021

PURSUE AN ALTERNATIVE CAREER OR DIFFERENT CAREER, IT COMES AT A

CONSIDERABLE EXPENSE TO THE TAXPAYERS.

AND FOR THAT REASON, I'LL BE OPPOSING IT.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: ACTUALLY, NO, MR. SPEAKER. I'M READY

TO ANNOUNCE A COUPLE OF EXCEPTIONS, IF YOU DON'T MIND.

ACTING SPEAKER AUBRY: MS. WALSH TO GIVE US

EXCEPTIONS.

MS. WALSH: THANK YOU SO MUCH. WOULD YOU

PLEASE RECORD MR. DIPIETRO AND MR. FITZPATRICK BOTH IN THE NEGATIVE ON

THIS BILL? THANK YOU.

ACTING SPEAKER AUBRY: AND MR. FITZPATRICK

WISHES TO EXPLAIN HIS VOTE.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER. I'D

LIKE TO ECHO THE COMMENTS MADE BY OUR FLOOR LEADER A MOMENT AGO. IT

IS ABSOLUTELY OUTRAGEOUS THAT SUCH A GIVEAWAY COULD BE ALLOWED TO

COME TO THE FLOOR, GIVEN THE ECONOMIC IMPACT THIS WILL HAVE ON THE

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND THE COSTS. YOU KNOW,

THE PROBLEM WITH THESE BENEFIT ENHANCEMENTS AND PENSION SWEETENERS

IS THAT THEY SHOULD BE NEGOTIATED ITEMS AND NOT ALLOWED TO BYPASS THE

COLLECTIVE BARGAINING PROCESS AND GO DIRECTLY TO THE LEGISLATURE. IT IS

NOT UNFAIR AND IT IS NOT UNREASONABLE TO ASK FOR SOMETHING IN RETURN TO

HELP OFFSET THE COST OF THESE BENEFITS. AND ESPECIALLY THIS BILL, WHICH

NYS ASSEMBLY JUNE 9, 2021

WOULD ALLOW PEOPLE TO RETIRE AT A VERY EARLY AGE AND PUT A CONSIDERABLE

BURDEN ON THE RETIREMENT FUND, IS -- IS JUST TO ME UNCONSCIONABLE. IT

IS NOT FAIR TO THE TAXPAYER, NOT FAIR TO THE PEOPLE WHO PAY THE COST OF THE

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. BUT THIS IS JUST GOING TOO

FAR.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. FITZPATRICK, AS

ANNOUNCED, IS OPPOSED TO THIS PARTICULAR BILL.

MR. ABBATE.

MR. ABBATE: TO EXPLAIN MY VOTE. I'M LISTENING TO

MY COLLEAGUES OVER THERE -- OVER THERE. MAYBE IF YOU WOULD READ THE

BILL AND ALL, RIGHT NOW, THERE ARE 440 BRIDGE AND TOLL COLLECTORS ON THE

TRIBOROUGH BRIDGE. THERE ARE NO MORE TOLLS BEING COLLECTED THERE. NO

ONE HAS BEEN HIRED SINCE 2009. THE GOVERNOR AND THE MTA IS JUST

WAITING TO ATTRITION TO DO AWAY WITH ALL OF THEM. THIS WILL SPEED IT UP

SO ABOUT HALF OF THOSE CAN RETIRE, SAVING THE METROPOLITAN TRANSIT

AUTHORITY A HUGE AMOUNT OF MONEY SINCE THEY'RE JUST BASICALLY SITTING

AROUND NOW, THOSE 440. THIS WILL TAKE THEM OFF THEIR MTA PAYROLL AND

INTO THE PENSION SYSTEM, WHICH IS A LOT CHEAPER THAN PAYING THEM ON

THERE.

SO, AGAIN, THANK YOU.

ACTING SPEAKER AUBRY: MR. ABBATE IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY JUNE 9, 2021

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07735-A, RULES

REPORT NO. 625, JONES, STERN, QUART, ROZIC, CYMBROWITZ, DINOWITZ,

BARNWELL, GLICK, OTIS, MCMAHON. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW, IN RELATION TO AQUATIC INVASIVE SPECIES INSPECTION

STATIONS AND SPREAD PREVENTION EFFORTS; AND TO AMEND CHAPTER 330 OF

THE LAWS OF 2014, AMENDING THE ENVIRONMENTAL CONSERVATION LAW

RELATING TO AQUATIC INVASIVE SPECIES, SPREAD PREVENTION, AND PENALTIES,

IN RELATION TO MAKING SUCH PROVISIONS PERMANENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

JONES, 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 7010-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. A07738-A, RULES

REPORT NO. 626, SOLAGES. AN ACT TO AUTHORIZE THE ASSESSOR OF THE

NYS ASSEMBLY JUNE 9, 2021

TOWN OF HEMPSTEAD, COUNTY OF NASSAU, TO ACCEPT FROM MERCY

MEDICAL CENTER AN APPLICATION FOR EXEMPTION FROM REAL PROPERTY TAXES.

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 IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1208-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. A07785, RULES REPORT

NO. 627, WOERNER. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION

LAW, IN RELATION TO BIG-GAME HUNTING SEASON.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07816, RULES REPORT

NO. 628, MORINELLO. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL

LAW, IN RELATION TO ALLOWING FOR THE ISSUANCE OF A LICENSE TO SELL LIQUOR

NYS ASSEMBLY JUNE 9, 2021

AT RETAIL FOR CONSUMPTION ON CERTAIN PREMISES.

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 7816. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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 PLEASE RECORD OUR COLLEAGUE MR. BARRON IN THE NEGATIVE ON 7816.

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. A07817, RULES REPORT

NO. 629, ABBATE, COLTON, GRIFFIN. AN ACT TO AMEND THE ADMINISTRATIVE

CODE OF THE CITY OF NEW YORK, IN RELATION TO CERTAIN LUNG DISABILITIES

INCURRED BY MEMBERS OF THE NEW YORK CITY TRANSIT AUTHORITY IN

CERTAIN CASES.

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.

NYS ASSEMBLY JUNE 9, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6972. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MINORITY OR MAJORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. FITZPATRICK TO EXPLAIN HIS VOTE.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER. THIS

IS YET ANOTHER BENEFIT ENHANCEMENT BILL THAT SHOULD BE GRANTED THROUGH

-- NOT BY THE LEGISLATURE, BUT THROUGH COLLECTIVE BARGAINING. AGAIN, IT

IS NOT UNFAIR OR UNREASONABLE TO ASK THAT SOMETHING BE GIVEN IN RETURN

FOR SUCH A GENEROUS BENEFIT TO HELP OFFSET THE TREMENDOUS COST.

FOR THAT REASON, I AM OPPOSED. THANK YOU.

ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07843, RULES REPORT

NO. 630, MCDONALD, FAHY. AN ACT AUTHORIZING THE STATE OF NEW YORK

BOND BANK AGENCY TO PROVIDE MUNICIPAL RELIEF TO THE CITY OF ALBANY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

NYS ASSEMBLY JUNE 9, 2021

RECORD THE VOTE ON ASSEMBLY PRINT 7843. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07870-A, RULES

REPORT NO. 631, SANTABARBARA. AN ACT TO AMEND THE TOWN LAW, IN

RELATION TO AUTHORIZING THE INCREASE OF THE NUMBER OF TOWN JUSTICES IN

THE TOWN OF ROTTERDAM, SCHENECTADY COUNTY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 7870-A. THIS IS A FAST ROLL. ANY

MEMBER WHO WISHES TO 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. A07904, RULES REPORT

NO. 632, GANDOLFO. AN ACT TO AMEND THE TOWN LAW, IN RELATION TO THE

NYS ASSEMBLY JUNE 9, 2021

NOMINATION OF CHIEF AND ASSISTANCE CHIEFS IN THE CHERRY GROVE FIRE

DISTRICT.

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 6459. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07908-A, RULES

REPORT NO. 633, MONTESANO. AN ACT IN RELATION TO AUTHORIZING THE

TOWN OF OYSTER BAY TO GRANT SAI MANDIR USA A REAL PROPERTY TAX

EXEMPTION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY 7908-A. THIS IS A FAST ROLL CALL. ANY

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

NYS ASSEMBLY JUNE 9, 2021

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. A07924, RULES REPORT

NO. 634, PICHARDO. AN ACT TO AMEND THE FINANCIAL SERVICES LAW, IN

RELATION TO REPORTING FOR THE STATE CHARTER ADVISORY BOARD; AND TO

AMEND CHAPTER 62 OF THE LAWS OF 2011, RELATING TO CONSTITUTING

CHAPTER 18-A OF THE CONSOLIDATED LAWS RELATING TO FINANCIAL SERVICES,

IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

PICHARDO, 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 7090. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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.)

NYS ASSEMBLY JUNE 9, 2021

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07926, RULES REPORT

NO. 635, L. ROSENTHAL, MEEKS, RICHARDSON, SIMON, EPSTEIN, ZINERMAN,

GALEF, FERNANDEZ. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO

REQUIRING SEMIAUTOMATIC PISTOLS MANUFACTURED OR DELIVERED TO ANY

LICENSED DEALER IN THIS STATE TO BE CAPABLE OF MICROSTAMPING

AMMUNITION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07935, RULES REPORT

NO. 636, ABBATE. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION

TO PROVISIONAL EMPLOYEES OF CERTAIN PUBLIC EMPLOYERS; TO AMEND

CHAPTER 5 OF THE LAWS OF 2008 AMENDING THE CIVIL SERVICE LAW

RELATING TO PROVISIONAL EMPLOYEES OF CERTAIN PUBLIC EMPLOYERS, IN

RELATION TO EXTENSIONS OF CERTAIN NEGOTIATED AGREEMENTS AND EXTENDING

THE PROVISIONS OF SUCH CHAPTER; AND TO AMEND PART I OF CHAPTER 56 OF

THE LAWS OF 2008 AMENDING THE CIVIL SERVICE LAW RELATING TO EXCESS

PROVISIONAL EMPLOYEES OF A CITY HAVING A POPULATION OF ONE MILLION OR

MORE, IN RELATION TO EXTENDING THE PROVISIONS THEREOF.

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 7100. THIS IS A FAST ROLL CALL. ANY

NYS ASSEMBLY JUNE 9, 2021

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07936-A, RULES

REPORT NO. 637, NIOU. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE

CONTROL LAW, IN RELATION TO A LICENSE TO SELL LIQUOR AT RETAIL FOR

CONSUMPTION ON CERTAIN PREMISES; AND PROVIDING FOR THE REPEAL OF

CERTAIN PROVISIONS UPON THE EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6781-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.

NYS ASSEMBLY JUNE 9, 2021

THE CLERK: ASSEMBLY NO. A07942, RULES REPORT

NO. 638, WEINSTEIN. AN ACT TO AMEND THE SOCIAL SERVICES LAW AND

ABANDONED PROPERTY LAW, IN RELATION TO THE TRANSFER OF UNCLAIMED

SUPPORT COLLECTIONS AND UNIDENTIFIED PAYMENTS; AND REPEALING CERTAIN

PROVISIONS OF SUCH LAWS RELATING THERETO.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 7942. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07945, RULES REPORT

NO. 639, CLARK, BRONSON. AN ACT TO AMEND CHAPTER 371 OF THE LAWS

OF 2009 AMENDING THE PUBLIC HEALTH LAW RELATING TO THE RESIDENTIAL

CARE OFF-SITE FACILITY DEMONSTRATION PROJECT, IN RELATION TO EXTENDING

THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

READ THE LAST SECTION.

NYS ASSEMBLY JUNE 9, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7055. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07948, RULES REPORT

NO. 640, RODRIGUEZ, EPSTEIN, SIMON. AN ACT TO AMEND CHAPTER 17 OF

THE LAWS OF 2012 AMENDING THE LEGISLATIVE LAW RELATING TO

REDISTRICTING OF CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS, IN

RELATION TO THE SUBMISSION OF A PLAN FOR REDISTRICTING OF CONGRESSIONAL,

SENATE AND ASSEMBLY DISTRICTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07951, RULES REPORT

NO. 641, THIELE. AN ACT TO AMEND CHAPTER 387 OF THE LAWS OF 2013

RELATING TO INCLUDING THE TRUSTEES OF THE FREEHOLDERS AND COMMONALTY

OF THE TOWN OF SOUTHAMPTON, TRUSTEES OF THE FREEHOLDERS AND

COMMONALTY OF THE TOWN OF EAST HAMPTON AND THE TRUSTEES OF

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHOLD AS MUNICIPAL

CORPORATIONS FOR THE PURPOSES OF SECTION 72-H OF THE GENERAL

MUNICIPAL LAW, IN RELATION TO EXTENDING THE EXPIRATION OF SUCH

NYS ASSEMBLY JUNE 9, 2021

PROVISIONS.

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 ASSEMBLY -- SENATE PRINT 7119. THIS IS A FAST ROLL

CALL. ANY MEMBER WHO WISHES TO 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. A07953, RULES REPORT

NO. 642, ZEBROWSKI. AN ACT TO AUTHORIZE THE ASSESSOR OF THE TOWN OF

CLARKSTOWN, COUNTY OF ROCKLAND, TO ACCEPT FROM THE NYACK UNION

FREE SCHOOL DISTRICT AN APPLICATION FOR EXEMPTION FROM REAL PROPERTY

TAXES.

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 9, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7156. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07954, RULES REPORT

NO. 643, ZEBROWSKI. AN ACT IN RELATION TO AUTHORIZING NYSARC, INC.

ROCKLAND COUNTY CHAPTER TO FILE WITH THE TOWN OF CLARKSTOWN

ASSESSOR AN APPLICATION FOR CERTAIN REAL PROPERTY TAX EXEMPTIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7155. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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 9, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07958, RULES REPORT

NO. 644, ABBATE. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF THE

CITY OF NEW YORK, IN RELATION TO THE RATE OF INTEREST USED IN THE

ACTUARIAL VALUATION OF LIABILITIES FOR THE PURPOSE OF CALCULATING

CONTRIBUTIONS TO THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM,

THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM, THE POLICE PENSION

FUND, SUBCHAPTER TWO, THE FIRE DEPARTMENT PENSION FUND, SUBCHAPTER

TWO, AND THE BOARD OF EDUCATION RETIREMENT SYSTEM OF SUCH CITY BY

PUBLIC EMPLOYERS AND OTHER OBLIGORS REQUIRED TO MAKE EMPLOYER

CONTRIBUTIONS TO SUCH RETIREMENT SYSTEMS, THE CREDITING OF SPECIAL

INTEREST AND ADDITIONAL INTEREST TO MEMBERS OF SUCH RETIREMENT SYSTEMS,

AND THE ALLOWANCE OF SUPPLEMENTARY INTEREST ON THE FUNDS OF SUCH

RETIREMENT SYSTEMS.

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 JULY 2, 2021.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7159. THIS IS A FAST ROLL CALL. 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 9, 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. A07959, RULES REPORT

NO. 645, STIRPE. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO THE

CALCULATION OF WEEKLY EMPLOYMENT INSURANCE BENEFITS FOR CERTAIN

WORKERS; TO AMEND A CHAPTER OF THE LAWS OF 2021 AMENDING THE LABOR

LAW RELATING TO THE CALCULATION OF WEEKLY EMPLOYMENT INSURANCE

BENEFITS FOR WORKERS WHO ARE PARTIALLY UNEMPLOYED, AS PROPOSED IN

LEGISLATIVE BILLS NUMBERS S.1042-A AND A.2355-A, IN RELATION TO THE

EFFECTIVENESS THEREOF; AND TO REPEAL CERTAIN PROVISIONS OF THE LABOR

LAW RELATING THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07960-A, RULES

REPORT NO. 646, BURKE. AN ACT TO AMEND THE GENERAL BUSINESS LAW,

IN RELATION TO THE APPLICABILITY OF THE SECURITY GUARD ACT OF 1992 TO

FACILITIES OWNED BY A PUBLIC SPORTS VENUE.

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 7960-A. THIS IS A FAST ROLL CALL. ANY

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

NYS ASSEMBLY JUNE 9, 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. A07975, RULES REPORT

NO. 647, RAMOS. AN ACT PROVIDING FOR THE APPEAL AND REVIEW OF

CERTAIN REAL PROPERTY TAX EXEMPTION APPLICATIONS.

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 7975. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A08012, RULES REPORT

NO. 648, MEEKS. AN ACT MAKING AN APPROPRIATION TO PAY THE CHILDREN

OF THE LATE DAVID F. GANTT, MEMBER OF THE ASSEMBLY FROM THE 137TH

ASSEMBLY DISTRICT, THE BALANCE DUE OF HIS UNPAID ANNUAL COMPENSATION

FOR A PORTION OF THE YEAR 2020.

NYS ASSEMBLY JUNE 9, 2021

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 8012. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A08019, RULES REPORT

NO. 649, WALLACE. AN ACT TO AMEND CHAPTER 363 OF THE LAWS OF 2010

AMENDING THE JUDICIARY LAW RELATING TO GRANTING THE CHIEF

ADMINISTRATOR OF THE COURTS THE AUTHORITY TO ALLOW REFEREES TO

DETERMINE APPLICATIONS FOR ORDERS OF PROTECTION DURING THE HOURS FAMILY

COURT IS IN SESSION, IN RELATION TO THE EXPIRATION DATE THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WALLACE, 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 7103. THIS IS A FAST ROLL CALL. ANY

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

NYS ASSEMBLY JUNE 9, 2021

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER MEEKS: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08020, RULES REPORT

NO. 650, BENEDETTO. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION

TO THE GRANTING OF TENURE.

ACTING SPEAKER MEEKS: ON A MOTION BY MR.

BENEDETTO, 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 MEEKS: THE CLERK WILL RECORD

THE VOTE ON SENATE BILL 7189. THIS IS A FAST ROLL CALL. ANY MEMBER WHO

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

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU

PLEASE RECORD MR. FITZPATRICK IN THE NEGATIVE ON THIS BILL? THANK YOU.

ACTING SPEAKER MEEKS: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY JUNE 9, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08021, RULES REPORT

NO. 651, ABINANTI. AN ACT PROVIDING THAT A STUDENT ENROLLED IN AN

INDIVIDUALIZED EDUCATION PLAN DURING CERTAIN SCHOOL DISTRICT [SIC] YEARS

MAY CONTINUE TO RECEIVE EDUCATIONAL SERVICES UNTIL THE STUDENT

COMPLETES THE SERVICES PURSUANT TO THE INDIVIDUALIZED EDUCATION PLAN

OR TURNS 23 YEARS OF AGE, WHICHEVER IS SOONER; AND TO PROVIDE FOR THE

REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF.

ACTING SPEAKER MEEKS: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL 8021. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. THE

FEDERAL INDIVIDUAL -- INDIVIDUALS WITH DISABILITIES EDUCATION ACT, THE

IDEA, REQUIRES THAT SCHOOLS PROVIDE THE SERVICES SPECIFIED IN THE

INDIVIDUAL STUDENT'S INDIVIDUAL EDUCATION PLAN, THE IEP. BOTH FEDERAL

LAW AND STATE LAW REQUIRE THAT THE SCHOOLS COMPLY WITH THIS

REQUIREMENT FOR ALL STUDENTS WITH IEPS UNTIL THE AGE OF 21. IN NEW

YORK THAT'S 21, OTHER SCHOOLS -- OTHER STATES IT MIGHT BE A DIFFERENT AGE.

NYS ASSEMBLY JUNE 9, 2021

BUT THE SCHOOL CLOSINGS CAUSED BY THE PANDEMIC, THIS DEPRIVED SO MANY

STUDENTS OF -- WITH DISABILITIES OF THEIR REQUIRED AND NEEDED SERVICES.

ZOOM SCHOOL DOESN'T WORK FOR STUDENTS WHO ARE TRYING TO BE TAUGHT

HOW TO TRANSITION TO ADULT LIFE. THEY COULDN'T GET THE JOB SKILLS THEY

NEEDED. THEY COULDN'T GET THE -- THE BEHAVIORAL PATTERNS THAT THEY

NEEDED. THEY COULDN'T LEARN TO TRAVEL. AND EMPLOYERS WERE CLOSED.

AND THEY REALLY HAD A DIFFICULT TIME LEARNING THE SKILLS NECESSARY ON

ZOOM IN THEIR -- THEIR FAMILY KITCHENS. SO FEDERAL AND STATE LAW

REQUIRES THAT THOSE STUDENTS WITH DISABILITIES WHO DID NOT GET THEIR

NEEDED SERVICES MUST BE GIVEN COMPENSATORY SERVICES, EVEN IF THEY

ACHIEVE THE AGE OF 21 OR WERE GIVEN A PIECE OF PAPER CALLED A DIPLOMA.

SED IN JUNE OF LAST YEAR SAID THAT OVER 21 COMPENSATORY SERVICES ARE

APPROPRIATE EVEN IF THE STUDENT WAS 21 YEARS OF AGE AND THEY WERE,

QUOTE, "GRADUATED," THAT DID NOT AFFECT THEIR RIGHT TO COMPENSATORY

EDUCATION. BUT SOME OF OUR SCHOOLS ARE RESISTING. SOME ARE PROVIDING

SERVICES BUT OTHERS ARE MISTAKENLY INTERPRETING NEW YORK LAW AS

PROHIBITING THEM FROM GIVING THE SERVICES BECAUSE OF THE 21 LIMIT.

THIS BILL MAKES IT CLEAR 21 IS NOT THE LIMIT THEY MUST FOLLOW --

ACTING SPEAKER MEEKS: MR. ABINANTI, HOW DO

YOU VOTE?

MR. ABINANTI: THEY MUST FOLLOW THE FEDERAL AND

STATE MANDATES. THEREFORE, I ASK --

ACTING SPEAKER MEEKS: MS. WALSH TO EXPLAIN

HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. I'LL PICK UP

NYS ASSEMBLY JUNE 9, 2021

RIGHT WHERE THE SPONSOR ENDED. I AM ABSOLUTELY DELIGHTED TO SUPPORT

THIS BILL. I THINK THAT, UNFORTUNATELY, CHILDREN WITH INTELLECTUAL AND

DEVELOPMENTAL DISABILITIES HAVE BEEN COLLATERAL DAMAGED DURING THE

COVID CRISIS. AND IT'S ABSOLUTELY IMPORTANT THAT THEY DON'T FALL OFF THE

EDUCATIONAL CLIFF OF 21 WHERE THEY HAVE BEEN UNABLE TO ACCESS A FREE

AND APPROPRIATE PUBLIC EDUCATION DURING THIS COVID CRISIS OVER THE

LAST YEAR TO YEAR-AND-A-HALF. AND THE ONLY THING I THINK THAT COULD

IMPROVE THIS BILL -- BUT I UNDERSTAND THAT THERE IS A NEGOTIATION PROCESS

THAT OCCURS IN FIGURING OUT WHAT VERSION OF THE BILL GETS TO THE FLOOR -- IS

I WOULD WANT "MAY" TO BE A "MUST." THAT THE SCHOOL DISTRICTS MUST

PROVIDE ADDITIONAL SERVICES TO INTELLECTUAL AND DEVELOPMENTALLY

DISABLED AND -- AND CHALLENGED CHILDREN UNTIL THE AGE OF 23 OR UNTIL THEY

MEET ALL OF THEIR IEP GOALS, WHICH WE -- WHICH AS WE KNOW WOULD BE

INCREDIBLY DIFFICULT TO DO GIVEN THE REGRESSION THAT SO MANY OF OUR

STUDENTS HAVE EXPERIENCED DURING THIS COVID CRISIS.

SO, THIS IS A GREAT BILL. I THANK SPONSOR FOR BRINGING IT

FORWARD AND I'M DELIGHTED TO SUPPORT IT IN ITS CURRENT FORM. I DO WISH

THAT THE SCHOOL DISTRICTS WOULD BE REQUIRED TO DO THIS RATHER THAN SIMPLY

ENCOURAGED TO DO IT. THANK YOU VERY MUCH.

ACTING SPEAKER MEEKS: MS. WALSH IN THE

AFFIRMATIVE.

MS. MILLER TO EXPLAIN HER VOTE.

MS. MILLER: THANK YOU. I'LL PICK UP WHERE THE

PREVIOUS SPEAKER ALSO LEFT OFF AND I'LL DRIVE IT HOME SO THAT EVERYBODY

REALLY GETS A GREAT UNDERSTANDING. YOU ALL KNOW OLIVER. OLIVER TURNED

NYS ASSEMBLY JUNE 9, 2021

21 IN DECEMBER. OLIVER IS SLATED TO GRADUATE IN ABOUT TWO WEEKS WHEN

HE HAS NOT BEEN IN SCHOOL SINCE MARCH OF 2020. HE IS OWED

COMPENSATORY SERVICES. HIS -- HIS VIRTUAL LEARNING IS NOT SOMETHING

THAT MANY OF THESE STUDENTS LIKE OLIVER CAN BENEFIT FROM OR UTILIZE.

YOU CAN'T REALLY DO PHYSICAL THERAPY THROUGH THE COMPUTER. WE -- HE

HAS REGRESSED SIGNIFICANTLY, AS HAVE MANY OF THESE CHILDREN. AND TO --

FOR SED TO GIVE OUT GUIDANCE SAYING YOU MAY KEEP THESE STUDENTS UNTIL

THEY COMPLETE THEIR IEP GOALS IS -- IS TERRIBLE. THE -- THE DISTRICTS ARE

DECIDING NOT TO KEEP THEM. SO I ALSO WISH -- WISH THAT THIS WAS "YOU

SHALL" ALLOW THESE STUDENTS TO STAY ON SO THAT WE'RE NOT FACING FALLING

OFF A CLIFF AT 21 WITH ABSOLUTELY, YOU KNOW, NO SERVICES AND NOWHERE TO

GO BECAUSE WE WEREN'T TRANSITIONED APPROPRIATELY DUE TO COVID.

SO, I THANK THE SPONSOR FOR THIS BILL AND HOPE THAT IT

MAKES MORE DISTRICTS -- OR ENCOURAGES MORE DISTRICTS TO ALLOW THESE

STUDENTS TO STAY ON UNTIL THEY'VE COMPLETED THEIR GOALS AND HAVE

SOMEPLACE TO TRANSITION TO. THANK YOU.

ACTING SPEAKER MEEKS: MS. MILLER IN THE

AFFIRMATIVE.

MR. SANTABARBARA.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER.

I RISE TO SUPPORT THIS BILL. I WANT TO THANK THE SPONSOR. IT -- IT WAS A

VERY (INAUDIBLE) DISABILITIES UNABLE TO ADAPT ONLINE DURING THE

PANDEMIC. SOME WERE JUST UNABLE TO ENGAGE IN REMOTE LEARNING OR

ADAPT TO THE ONLINE LESSONS. MY SON -- MY SON MICHAEL, HE WAS HOME

DOING -- TRYING TO DO REMOTE LEARNING DURING THAT PERIOD. IT WAS JUST

NYS ASSEMBLY JUNE 9, 2021

NOT THE SAME. HE WAS NOT RECEIVING THE SERVICES THAT HE SHOULD HAVE

BEEN RECEIVING IN PERSON. HE LOST HIS ONE-ON-ONE SERVICES AS WELL. SO

IT REALLY SET HIM BEHIND. AND A LOT OF THESE STUDENTS ARE GOING BACK

NOW, THEY'RE TRYING TO CATCH UP. AND ALTHOUGH MOST -- MOST STUDENTS

(INAUDIBLE) WITH THE FOUR YEARS, STUDENTS WITH DISABILITIES NEED THIS

ADDITIONAL TIME TO BE SUCCESSFUL, AND THE AGE-OUT POPULATION WOULD NOT

BE ABLE TO RETURN AND MAKE UP THIS EDUCATION THAT THEY'VE LOST WITHOUT

THIS BILL.

SO, AGAIN, I WANT TO THANK THE SPONSOR FOR THIS -- FOR

PROVIDING THIS OPPORTUNITY TO RETURN RATHER THAN LOSE THAT CRITICAL FINAL

YEAR OF EDUCATION THROUGH NO FAULT OF THEIR OWN. THIS INCLUDES SO

MANY STUDENTS WITH DISABILITIES. THESE STUDENTS WERE NOT ABLE TO

RECEIVE WHAT WAS PRESCRIBED IN THEIR INDIVIDUALIZED EDUCATION PLANS

THAT THE STATE HAS AN OBLIGATION TO PROVIDE, EVEN UNDER THESE

CIRCUMSTANCES. AND I ASSURE YOU THERE ARE THOUSANDS OF PARENTS AND

TEACHERS OUT THERE THAT AGREE, THIS IS THE RIGHT THING TO DO AND I'M VERY

PLEASED TO CAST MY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER MEEKS. THANK YOU. MR.

SANTABARBARA IN THE AFFIRMATIVE.

MS. SIMON.

MS. SIMON: YES, I JUST WANT TO ADD MY SUPPORT.

THIS BILL IS DESPERATELY NEEDED. IT WILL MAKE SUCH A DIFFERENCE IN THE

LIVES OF SO MANY YOUNG PEOPLE WHO WERE WITHOUT SERVICES FOR THE LAST

YEAR-AND-A-HALF AND WHO CAN SUSTAIN THE LACK OF SERVICES LESS WELL THAN

ALMOST ANY OTHER POPULATION.

NYS ASSEMBLY JUNE 9, 2021

SO, I -- IT'S THE RIGHT BILL, IT'S THE RIGHT THING TO DO AND

I'M HAPPY TO VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

NOW GO TO THE PREVIOUSLY-ADVANCED A-CALENDAR, WE'RE GOING TO TAKE UP

RULES REPORT NO. 665. IT'S ASSEMBLY BILL 6395 BY MS. WOERNER.

ACTING SPEAKER AUBRY: PAGE 5, RULES REPORT

NO. 665, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06395-B, RULES

REPORT NO. 665, WOERNER, MCDONALD, JONES, ASHBY, TAGUE,

MCMAHON, GRIFFIN, WALSH, FAHY, WALLACE, LUPARDO, JACOBSON, STECK,

RODRIGUEZ, HYNDMAN, OTIS, GALLAGHER, QUART, L. ROSENTHAL, GALEF,

THIELE, STIRPE. AN ACT TO AMEND THE STATE FINANCE LAW, THE MENTAL

HYGIENE LAW AND THE EXECUTIVE LAW, IN RELATION TO ESTABLISHING A

OPIOID SETTLEMENT FUND.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WOERNER, 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 9, 2021

RECORD THE VOTE ON SENATE PRINT 7194. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. WOERNER TO EXPLAIN HER VOTE.

MS. WOERNER: THANK YOU, MR. SPEAKER. MICHAEL

ISRAEL, PAUL THOMPSON, DAN PROVOST, THOMAS VENTURA. JUST FOUR OF

THE HUNDREDS OF THOUSANDS OF NEW YORKERS WHO HAVE LOST THEIR LIFE DUE

TO THE SCOURGE OF OPIOID ADDICTION. TODAY WE TAKE A BOLD STEP TO

ENSURE THAT THIS STATE HAS THE RESOURCES AVAILABLE TO HELP THE FAMILIES OF

THOSE WHOSE CHILDREN HAVE BEEN AFFECTED BY ADDICTION AND THOSE

INDIVIDUALS THEMSELVES THAT STRUGGLE WITH THIS TERRIBLE DISEASE. I'D LIKE

TO THANK THE SPEAKER AND THE CHAIR OF OUR ALCOHOL AND SUBSTANCE

ABUSE COMMITTEE FOR THEIR SUPPORT IN BRINGING THIS IMPORTANT

LEGISLATION FORWARD, AND I'D LIKE TO THANK THE STAFF WHO HELPED CRAFT THIS

BILL. TODAY WE MAKE THIS BOLD STEP, BUT IT IS A STEP THAT THE ADVOCATES

HAVE PUSHED US FOR FOR A LONG TIME. AND SO I'D LIKE TO RECOGNIZE THE

RECOVERY WARRIORS THAT WORKED SO HARD ON THIS. ABEE ISRAEL, PAUL AND

JACKIE THOMPSON, MAUREEN AND KEN PROVOST, LINDA VENTURA, ASHLEY

LIVINGSTON, JUDY MOPPET, DENNIS GREG AND SUE MARTIN. THEY, TOO,

HAVE STRUGGLED WITH THEIR DEMONS. THEY HAVE -- THEY HAVE WATCHED

FRIENDS AND FAMILY MEMBERS STRUGGLE AND THEY FIGHT ON TO MAKE SURE

THAT OUR COMMUNITIES HAVE THE RESOURCES THAT THEY NEED. AND SO TODAY

WITH THIS BILL CREATING A LOCKBOX FOR THE SETTLEMENT FUNDS THAT THE

NYS ASSEMBLY JUNE 9, 2021

ATTORNEY GENERAL WILL BE SECURING FOR THIS STATE AND THE FORMATION OF A

COMMISSION MADE UP OF EXPERTS AND PEOPLE WITH LIFE EXPERIENCE TO

ADVISE US ON HOW TO ALLOCATE THIS MONEY, WE WILL BE ABLE TO ENSURE THAT

OUR COMMUNITIES HAVE THE RESOURCES THAT THEY NEED.

I THANK YOU ALL FOR THE JOINING ME IN THIS FIGHT AND FOR

CASTING YOUR VOTE TO MAKE A DIFFERENCE IN OUR COMMUNITIES IN SUCH A

PROFOUND WAY. THANK YOU SO MUCH. AND WITH THAT I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

MR. BROWN TO EXPLAIN HIS VOTE.

MR. BROWN: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO EXPLAIN MY VOTE. AND I WANT TO THANK THE BILL SPONSOR,

MS. WOERNER, FOR PUTTING IT FORTH. I -- I CAN'T UNDERSCORE THE

IMPORTANCE OF THIS BILL. I, MYSELF, HAVE BEEN TRYING TO TRACK DOWN THE

MCKINSEY SETTLEMENT MONEY FOR THE LAST COUPLE OF WEEKS, ONLY TO FIND

OUT BY THE -- FROM THE DIVISION OF BUDGET THAT THE MONEY IS STILL SITTING

IN THE GENERAL FUND OF THE STATE. IT'S UNACCEPTABLE. THIS MONEY WAS

TRANSFERRED FROM THE -- FROM THE DEFENDANTS IN THE LAWSUIT TO THE STATE

ATTORNEY GENERAL'S OFFICE AND PUT INTO THE GENERAL FUND. THIS MONEY

NEEDS TO GET OUT TO THE TREATMENT FACILITIES. AS IS -- AS EVERYBODY IN

THIS CHAMBER KNOWS, I'VE SAID IT MANY TIMES, SUFFOLK COUNTY LEADS THE

ENTIRE UNITED STATES IN HEROIN OVERDOSES. IT'S UNACCEPTABLE THAT THIS

MONEY IS STILL SITTING IN THE STATE COFFERS AND HASN'T MADE ITS WAY TO THE

TREATMENT FACILITIES.

NYS ASSEMBLY JUNE 9, 2021

SO, I APPLAUD THE SPONSOR FOR THIS. I'LL CONTINUE TO

TRACK DOWN THE SETTLEMENT MONEY. THERE'S $17 MILLION THAT'S SITTING OUT

THERE. BUT THIS LOCKBOX IS SO IMPORTANT SO THAT THE MONEY CAN GET

TRANSFERRED AS QUICKLY AS POSSIBLE AND TO HELP THE POOR PEOPLE WHO ARE

SUFFERING WITH OPIOID ADDICTION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. BROWN IN THE

AFFIRMATIVE.

MS. GALLAGHER TO EXPLAIN HER VOTE.

MS. GALLAGHER: HELLO. I'D LIKE TO THANK THE

SPONSOR AND THE DRUG AND ALCOHOL COMMITTEE FOR BRINGING THIS BILL

FORWARD. MY LIFE, AS WELL AS MOST OF MY FRIENDS' LIVES, HAVE BEEN

TOUCHED BY OPIOID OVERDOSE. AND I KNOW THAT IT IS A -- OVERDOSE IS A --

OPIOID ADDICTION IS SOMETHING THAT GRABS HOLD OF YOU AND YOU NEVER

QUITE RECOVER. THERE'S ALWAYS AN OPPORTUNITY TO BE PULLED BACK IN BY

THE DRUG AND IT IS ABSOLUTELY A -- A DISASTER FOR OUR COMMUNITIES. SO

I'M SO GRATEFUL FOR THE PLAINTIFFS THAT SUED FOR THE OPIOID SETTLEMENT, AND

IT IS ABSOLUTELY VITAL THAT THEY GET THIS MONEY AND I'M PROUD TO BE IN

SUPPORT OF THIS BILL AND TO COSPONSOR IT AND I AM VOTING YES.

ACTING SPEAKER AUBRY: MS. GALLAGHER IN THE

AFFIRMATIVE.

MS. GRIFFIN.

MS. GRIFFIN: I RISE TO EXPLAIN MY VOTE. I JUST

WANTED TO COMMEND THE SPONSOR. I THINK THIS IS SO IMPORTANT. IT'S

ESSENTIAL THAT THIS OPOID SETTLEMENT FUND BE ESTABLISHED TO SUPPORT ALL

THOSE MANY PEOPLE AND THEIR FAMILIES THAT ARE SO IN NEED OF SUPPORT.

NYS ASSEMBLY JUNE 9, 2021

MY HEART GOES OUT TO ALL OF THE LIVES THAT HAVE BEEN LOST OVER THE LAST

COUPLE OF DECADES. AND A SPECIAL -- A SPECIAL WORD OF MENTION TO A

WONDERFUL FRIEND WHO LOST BOTH OF HER CHILDREN, KATIE AND KEVIN, TO

OPIOID OVERDOSE. SO, IT IS SO IMPORTANT THAT WE GET HELP TO THE FAMILIES

AND TO THE PEOPLE THAT NEED IT.

THANK YOU VERY MUCH, AND I -- I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU SO MUCH, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO ADD MY

VOICE TO COMMENDING THE SPONSOR ON THIS PIECE OF LEGISLATION. CLEARLY,

THE IMPACT THAT OPIOIDS HAVE HAD ON THE LIVES OF SO MANY THROUGHOUT ALL

OF OUR COMMUNITIES IS -- IS SOMETHING THAT'S STILL HURTFUL IN A LOT OF

WAYS. AND TO REALIZE THAT THERE ARE RESOURCES THAT PEOPLE ARE WILLING TO

PAY FOR THEIR RESPONSIBILITY AND ALLOWING THIS PROLIFERATION OF THIS DRUG

THROUGHOUT OUR COMMUNITIES, IT'S -- IT'S IMPORTANT THAT IT GOES RIGHT

DIRECTLY TO THAT WORK. THAT NEEDS TO HAPPEN TO ASSURE THAT THIS DOESN'T

HAPPEN AGAIN. CLEARLY, (INAUDIBLE) DOLLARS GET INTO OUR GENERAL FUND.

THEY COULD GO FOR ANY OLD THING. AND NOT THAT WE DON'T NEED SOME

ROADS AND BRIDGES DONE, BUT WE NEED THIS OPIOID CRISIS TO BE FIXED AND

FIXED FOR GOOD.

AND SO I WANT TO COMMEND THE SPONSOR ON THIS ONE

AND I'M GRATEFUL TO HAVE THE OPPORTUNITY TO CAST MY VOTE IN THE

NYS ASSEMBLY JUNE 9, 2021

AFFIRMATIVE FOR SOMETHING AS PROGRESSIVE AS THIS. SO, THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: OKAY, MR. SPEAKER, AND

COLLEAGUES. WE ARE GOING TO MOVE TO OUR DEBATE CALENDAR. FOLKS DO

HAVE A COPY OF ONE ON THEIR DESKS. WE'RE GOING TO START WITH RULES

REPORT NO. 197. THAT'S ASSEMBLY BILL 6098 BY MRS. GALEF. FOLLOWED

BY RULES REPORT NO. 215, ASSEMBLY BILL 6527 BY MS. KELLES.

FOLLOWED BY RULES REPORT NO. 217, ASSEMBLY NO. 6700. THAT ONE'S

BY MS. JOYNER. AND FOR THIS MOMENT, MR. SPEAKER, 237, ASSEMBLY BILL

7353. THAT ONE IS CARRIED BY MR. BRONSON. IN THAT ORDER, MR. SPEAKER.

THANK YOU.

ACTING SPEAKER AUBRY: PAGE 7, RULES REPORT

NO. 197, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 8292-A (*CORRECT BILL

NO. S02928-A), RULES REPORT NO. 197, SENATOR ADDABBO (A06098-A,

GALEF, GOTTFRIED, GUNTHER, HYNDMAN, EPSTEIN, SIMON, GLICK, ABINANTI,

DICKENS, FALL, DARLING, RODRIGUEZ, CRUZ, RICHARDSON, STECK, NIOU,

FERNANDEZ, JACOBSON). AN ACT TO AMEND THE WORKERS' COMPENSATION

LAW, IN RELATION TO PAID FAMILY LEAVE AND SIBLINGS.

NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

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

ADVANCED.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. WALSH: SO, THIS BILL TAKES THE FAMILY AND

MEDICAL LEAVE THAT WAS CREATED A FEW YEARS AGO WHICH ALLOWS FOR PAID

LEAVE FOR COVERED EMPLOYEES -- COVERED EMPLOYERS -- EMPLOYEES THAT

COVER EMPLOYERS WHO MEET CERTAIN WORK REQUIREMENTS TO TAKE FAMILY

LEAVE, PAID FAMILY LEAVE, TO PARTICIPATE IN PROVIDING CARE, INCLUDING

PHYSICAL OR PSYCHOLOGICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE

MADE NECESSARY BY A SERIOUS HEALTH CONDITION OF THE FAMILY MEMBER.

SO RIGHT NOW UNDER EXISTING LAW, FAMILY MEMBERS -- THE TERM "FAMILY

MEMBERS" INCLUDES CHILDREN, PARENTS, GRANDPARENTS, GRANDCHILDREN, A

SPOUSE OR DOMESTIC PARTNER OF THE EMPLOYEE. THIS BILL WOULD EXPAND

THE DEFINITION OF FAMILY MEMBER TO INCLUDE SIBLINGS, WHICH WOULD

MEAN A BIOLOGICAL OR ADOPTED SIBLING, A HALF-SIBLING OR A STEP-SIBLING.

SO THE CONCERN WITH THIS BILL IS KIND OF THE WHERE DO WE STOP. YOU

KNOW, HOW BROADLY DO WE DEFINE FAMILY MEMBERS? BECAUSE WHEN YOU

EXPAND THE POOL OF INDIVIDUALS WHO COULD TAKE PAID FAMILY LEAVE, IT --

IT CREATES POTENTIALLY A PROBLEM FOR THE EMPLOYER IN TERMS OF INCREASING

OPPORTUNITIES -- WELL, IT INCREASES OPPORTUNITIES FOR EMPLOYEES TO TAKE

LEAVE AND IT COULD PLACE ADDITIONAL FISCAL STRESS AND ON NEW YORK'S

NYS ASSEMBLY JUNE 9, 2021

PAID LEAVE SYSTEM AND IT COULD MAKE IT DIFFICULT FOR EMPLOYERS TO

SCHEDULE OUT PEOPLE TO BE ABLE TO PROVIDE CARE.

SO THOSE ARE THE CONCERNS WITH THE BILL. NFIB

OPPOSES IT. WE HAVE NO PRIOR VOTE ON THE BILL. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2928-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MS. WALSH TO EXPLAIN HER VOTE. NO?

MS. WALSH: NO, RATHER TO EXPLAIN THE PARTY -- THE

-- THE CONFERENCE'S POSITION.

ACTING SPEAKER AUBRY: YES, MA'AM.

MS. WALSH: THE REPUBLICAN CONFERENCE WILL BE

GENERALLY IN THE NEGATIVE ON THIS BILL. BUT IF ANYBODY IN OUR

CONFERENCE WOULD LIKE TO BE A YES ON THIS BILL THEY SHOULD CONTACT THE

MINORITY LEADER'S OFFICE AND INDICATE THAT AND WE WILL REFLECT THEIR

VOTE ACCORDINGLY.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

MRS. PEOPLES-STOKES.

NYS ASSEMBLY JUNE 9, 2021

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL BE GENERALLY IN THE AFFIRMATIVE

ON THIS ONE. HOWEVER, THERE MAY BE A FEW COLLEAGUES THAT WOULD LIKE

TO BE AN EXCEPTION AND THEY SHOULD FEEL COMFORTABLE IN CALLING THE

MAJORITY LEADER'S OFFICE AND WE WILL RECORD YOUR VOTE PROPERLY.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

MRS. GALEF TO EXPLAIN HER VOTE.

MRS. GALEF: YES, THANK YOU, SPEAKER. I WOULD

LIKE TO EXPLAIN MY VOTE AND WHY I ACTUALLY INTRODUCED THIS ADDITION TO

THE FAMILY -- THE PAID FAMILY LEAVE ACT THAT WE DID ABOUT FOUR YEARS

AGO WITH ASSEMBLYWOMAN NOLAN BEING THE SPONSOR OF THAT BILL. I

THINK WE'VE ALL BEEN -- WE'VE BEEN THROUGH COVID THIS YEAR. YOU

KNOW, WE'VE HAD MANY, MANY FAMILIES THAT HAVE BEEN DISRUPTED. AND

NOT ALL FAMILIES HAVE A SPOUSE, NOT ALL FAMILIES HAVE CHILDREN, NOT ALL

FAMILIES HAVE CHILDREN LIVING BY THEM. THEY DON'T NECESSARILY HAVE

GRANDPARENTS THAT ARE IN THEIR STATE. AND -- AND ONE OF THE PEOPLE THAT

THEY HAVE KNOWN FOR PROBABLY THE LONGEST AMOUNT OF TIME ARE THEIR

SIBLINGS. AND THAT WAS BROUGHT TO ME BY INDIVIDUALS WITHIN MY

DISTRICT. AND WITH THE COVID SITUATION THIS YEAR, I REMEMBER A

WOMAN WHO WAS TAKING CARE OF BOTH HER BROTHER AND HER FATHER WITH

COVID. THERE ARE 13 STATES THAT HAVE PAID FAMILY LEAVE, AND OF

THOSE, EIGHT OF THEM INCLUDE SIBLINGS. AND WE HAVE INCLUDED SIBLINGS

IN OUR FAMILY SICK LEAVE ACT THAT WE DID LAST YEAR IN THE BUDGET. SO

THIS IS RATHER CONSISTENT WITH WHAT WE'VE HAD BEFORE. IN -- IN 2018, THE

NYS ASSEMBLY JUNE 9, 2021

LAST TIME THAT WE LOOKED -- THAT WE HAD THE NUMBERS AVAILABLE, ONLY

39,000 PEOPLE HAD PARTICIPATED IN THE FAMILY LEAVE AND THEY DIDN'T

TAKE 12 WEEKS. THE AVERAGE WAS 21 DAYS. SO, YOU KNOW, I DON'T THINK

IT'S A PROBLEM. I THINK IT'S GOOD TO HAVE HAPPY EMPLOYEES THAT ARE

TAKING CARE OF THEIR FAMILY MEMBERS AS WE GO FORWARD.

SO I WOULD ENCOURAGE MY COLLEAGUES TO BE SUPPORTIVE

OF THIS LEGISLATION. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

GALEF. MRS. GALEF IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: SENATE S02928-A, RULES REPORT NO.

197 -- OH, I'M SORRY.

ACTING SPEAKER AUBRY: PAGE 8, RULES REPORT

NO. 215, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A2527-A (*CORRECT BILL

NO. A06527-A), RULES REPORT NO. 215, KELLES, DINOWITZ, CRUZ,

SEPTIMO, LAVINE, SEAWRIGHT, GONZ�LEZ-ROJAS, MITAYNES, SILLITTI,

JACKSON, OTIS. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO

PROHIBITING SCHOOLS OR SCHOOL DISTRICTS FROM FILING A LAWSUIT AGAINST A

STUDENT'S PARENT OR GUARDIAN FOR UNPAID MEAL FEES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

NYS ASSEMBLY JUNE 9, 2021

MS. WALSH -- MS. KELLES AN EXPLANATION HAS BEEN

REQUESTED.

MS. KELLES: ABSOLUTELY. THIS BILL WOULD SIMPLY

STRENGTHEN OUR EXISTING LAW THAT WAS PUT IN PLACE IN 2019 AND WOULD

ADD A COMPONENT TO IT WHERE SCHOOL DISTRICTS -- CAN YOU HEAR ME -- ALL

RIGHT. I'LL SAY THAT AGAIN. THANK YOU SO MUCH, WAYNE. SO, THIS BILL

WOULD STRENGTHEN OUR EXISTING LAW THAT WE HAVE IN PLACE THAT WAS PUT

IN PLACE SEVERAL YEARS AGO AND WOULD MAKE IT ILLEGAL FOR SCHOOL DISTRICTS

TO SUE FAMILIES FOR CARRYING A DEBT DUE TO THE MEAL PLAN FOR THEIR

STUDENT OR THEIR CHILD.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD, PLEASE?

ACTING SPEAKER AUBRY: MS. KELLES, WILL YOU

YIELD?

MS. KELLES: ABSOLUTELY.

ACTING SPEAKER AUBRY: MS. KELLES YIELDS.

MS. WALSH: THANK YOU SO MUCH. JUST A FEW

QUESTIONS ABOUT THE BILL.

MS. KELLES: SURE.

MS. WALSH: I WAS JUST CURIOUS TO KNOW, IS THIS AN

ACTUAL PROBLEM? I MEAN, HOW MANY LAWSUITS HAVE BEEN BROUGHT BY

SCHOOL DISTRICTS AGAINST PARENTS IN NEW YORK STATE FOR FAILURE TO PAY FOR

A SCHOOL LUNCH TAB THAT THEIR KIDS HAVE RACKED UP?

MS. KELLES: ABSOLUTELY. AND -- AND THAT IS AN

NYS ASSEMBLY JUNE 9, 2021

EXCELLENT QUESTION. I'M SO GLAD YOU BROUGHT THAT UP. THE ANSWER IS

REALLY NOT A YES/NO, ALTHOUGH IT WOULD BE SIMPLE TO SAY SO. I THINK THE

RIGHT ANSWER IS A NOT YET. WHEN WE WRITE BILLS WE LOOK FOR PRECEDENT,

AND IN THIS CASE THERE IS NOT ONLY A PRECEDENT BUT THERE'S A TREND. SO,

THERE HAS BEEN CASES THAT HAVE OCCURRED IN OUR NEIGHBORING STATES

PENNSYLVANIA AND VIRGINIA - THERE'S ALSO INDIANA - THAT HAVE HAPPENED

WITHIN THE LAST 12 TO 24 MONTHS. AND SO THIS IS A PROACTIVE STEP TO SAY

THAT THIS IS UNACCEPTABLE AND WOULD CREATE TOO MUCH OF A RISK HERE IN

NEW YORK STATE.

MS. WALSH: OKAY. WELL, DO YOU KNOW OF ANY --

ANY SUITS AT ALL THAT HAVE BEEN BROUGHT IN NEW YORK SO FAR?

MS. KELLES: SO THAT WAS MY ANSWER; NOT YET.

MS. WALSH: NOT YET. OKAY. THANK YOU.

MS. KELLES: SO WHEN I -- JUST TO MENTION, AND I

THINK THAT THIS IS REALLY IMPORTANT TO NOTE THAT THE CASES THAT I'M

REFERRING TO, FOR EXAMPLE, IN -- IN PENNSYLVANIA WAS A CASE WHERE THEY

ACTUALLY SENT LETTERS, ABOUT 1,000 LETTERS, AND THESE WERE PEOPLE WHO

OWED AMOUNTS AS LOW AS $21, SAYING THAT IF THEY DIDN'T PAY IT THAT THEY

WOULD SEND CPS IN TO PUT THEIR CHILDREN IN FOSTER CARE. SO, YOU KNOW,

THESE ARE SOME PRETTY INTENSE CASES, AND I THINK THAT THE RISK IS TOO

GREAT. SO IT IS A PROACTIVE STEP, WHICH WE VERY OFTEN TAKE WITH LAWS.

MS. WALSH: OKAY. SO, NOW THIS BILL WOULD APPLY

TO ALL PRIVATE, PUBLIC AND CHARTER SCHOOLS ACROSS THE STATE, CORRECT?

MS. KELLES: CORRECT.

MS. WALSH: AND DOESN'T THE LAW IN NEW YORK

NYS ASSEMBLY JUNE 9, 2021

ALREADY SAY THAT THEY CAN'T -- A SCHOOL DISTRICT COULDN'T USE A DEBT

COLLECTOR TO GO AFTER -- IT ALREADY SAYS THAT IN OUR LAW, RIGHT?

MS. KELLES: CORRECT. AND THIS IS -- THIS IS ONE STEP

BEYOND THAT, SO IT IS ABSOLUTELY SEPARATE AND DIFFERENT FROM THAT STEP.

MS. WALSH: NOW, SO AS YOU MIGHT KNOW, I -- I

REPRESENT KIDS IN FAMILY COURT SO I HEAR A LOT ABOUT, LIKE, HOW MUCH

KIDS ARE RACKING UP AT SCHOOL. SOME KIDS GO IN, THEY GET TWO LUNCHES,

SOME KIDS -- YOU KNOW, THEY'RE RACKING UP -- THEY'RE RACKING UP SOME

SIGNIFICANT BILLS. DOES THIS BILL PROHIBIT A SCHOOL DISTRICT FROM, SAY,

SENDING HOME A LETTER TO A PARENT SAYING, HEY, YOU KNOW WHAT? LIKE,

YOUR KID -- YOU'VE REALLY EXCEEDED -- BECAUSE THEY HAVE TO UNDER, I

THINK, EXISTING LAW THEY CAN'T JUST SAY, HERE, YOU CAN'T GET THE LUNCH.

YOU'RE GOING TO GET A PEANUT BUTTER SANDWICH INSTEAD. THEY HAVE TO

LET THE KID GET THE LUNCH AND JUST KIND OF KEEP ACCRUING THEIR BILL, RIGHT?

MS. KELLES: ABSOLUTELY. AND IT ALSO -- I'M REALLY

GLAD YOU BROUGHT THAT UP. WE DO EVERYTHING THAT WE CAN RIGHT NOW IN

OUR EXISTING LAW IN NEW YORK STATE. WE CAN SEND LETTERS HOME, SCHOOL

DISTRICTS CAN. THEY WORK WITH THE FAMILIES, WORK WITH THEM TO SIGN UP

ONLINE IF THEY'RE ELIGIBLE. MULTIPLE LETTERS THAT THEY CAN SEND HOME.

AND THIS DOESN'T PRECLUDE ANY WORKING WITH FAMILIES TO HELP OUT. THAT

DOESN'T MEAN THAT ALL SCHOOL DISTRICTS DO, BUT, YOU KNOW, THAT IS THE

CURRENT ESTABLISHED LAW THAT IS IN PLACE TO ENCOURAGE THAT.

MS. WALSH: AND NEW YORK, THROUGH THE -- THE

FEDERAL PROGRAM, HAS A VERY ROBUST FREE AND REDUCED LUNCH PROGRAM,

TOO. SO THE KIDS THAT WE'RE TALKING ABOUT HERE AND THE FAMILIES, ARE

NYS ASSEMBLY JUNE 9, 2021

FAMILIES WHERE THEY -- THEY DON'T QUALIFY OR THEY HAVEN'T APPLIED FOR

FREE REDUCED LUNCH. THOSE -- THOSE KIDS ARE ALREADY BEING TAKEN CARE

OF, AND WE'RE NOT -- THIS BILL REALLY DOESN'T ADDRESS THAT SITUATION. THOSE

KIDS ARE GOING TO GET FREE AND REDUCED LUNCH ANYWAY.

MS. KELLES: WELL, SOME OF THEM DON'T APPLY AND

THAT IS ONE OF THE THINGS THAT OUR CURRENT LAW TRIES TO HELP OUT IS TO GET

THEM INTO THE SYSTEM. BUT ACTUALLY, THE CASES WHERE THIS IS AN ISSUE ARE

FOR THOSE FAMILIES, FOR EXAMPLE, THAT ARE AT ABOUT 130 PERCENT AMI.

AND THEY -- JUST AN EXAMPLE, $34,000 A YEAR FOR A FOUR-PERSON

HOUSEHOLD, 130 PERCENT, OF COURSE, WOULD NOT QUALIFY. BUT IF YOU THINK

ABOUT IT, $34,000 A YEAR, YOU HAVE TWO KIDS -- IF YOU HAVE A TWO-PERSON

HOUSEHOLD, THREE KIDS IF YOU ARE A SINGLE-PARENT HOUSEHOLD, LIKE A

SINGLE MOTHER. AND RIGHT NOW IF YOU DO THE ESTIMATE, THE AVERAGE COST

OF MEALS PER CHILD PER MONTH, THAT'S 20 DAYS, IS $100 PER CHILD. THAT

WOULD BE $300 PER MONTH ON $34,000 A YEAR. SO IT'S QUITE A SIGNIFICANT

BURDEN ON THE FAMILIES THAT ACTUALLY DON'T QUALIFY FOR THE FREE AND

REDUCED LUNCH.

MS. WALSH: VERY GOOD. THANK YOU SO MUCH FOR

YOUR ANSWERS TO MY QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. WALSH: SO, I APPRECIATE THE SPONSOR'S

CLARIFICATIONS AS FAR AS WHAT THE BILL DOES. I THINK WHAT -- WHAT

BOTHERED ME ABOUT THIS BILL THE MOST WHEN I -- WHEN I FIRST READ IT AND

HAVING -- IT CAME THROUGH THE EDUCATION COMMITTEE, WAS THAT I REALLY

NYS ASSEMBLY JUNE 9, 2021

THINK THAT I WOULD PREFER TO SEE THE SCHOOLS HAVE THE DISCRETION TO KNOW

WHAT FAMILIES HAVE MEANS AND WHAT STUDENTS HAVE NEEDS AND FIGURE OUT

WHO THEY SHOULD BE TRYING TO KIND OF ENCOURAGE OR REQUIRE THE FAMILIES

TO -- TO PAY UP. BECAUSE THERE -- YOU KNOW, I DON'T KNOW. I -- THERE ARE

A LOT OF FAMILIES WITH MEANS WHO HAVE KIDS WHO RACK UP HUGE LUNCH

ACCOUNTS, AND THEY JUST DO. AND -- AND THE KIDS ARE OBLIVIOUS TO IT.

THEY RACK IT UP. AND I THINK THAT -- I'M NOT SAYING THAT THE SCHOOL

DISTRICTS OUGHT TO, YOU KNOW, GO RUNNING AROUND SUING FAMILIES OR

ANYTHING. BUT I AM SAYING THAT I THINK THAT THERE'S -- THE MORAL TO THE

STORY AND I THINK THE MORAL WE WANT TO GIVE OUR KIDS IS THAT, YOU KNOW,

IF YOU EAT IT YOU HAVE TO PAY FOR IT. AND I THINK THAT THIS KIND OF BILL

JUST SENDS THE WRONG MESSAGE TO SAY THAT, YOU KNOW, YOU CAN EAT AND

-- AND YOU DON'T HAVE TO PAY FOR IT AND NOBODY'S GOING TO BE ABLE TO

MAKE YOU PAY FOR IT. I THINK THAT'S A TERRIBLE MESSAGE AS FAR AS

ACCOUNTABILITY TO GIVE TO OUR KIDS. SO I THINK THAT -- I THINK THE FREE

AND REDUCED LUNCH PROGRAM IS AN IMPORTANT ONE. I UNDERSTAND WHAT THE

SPONSOR IS SAYING, I BELIEVE, ABOUT, YOU KNOW, THAT THERE COULD BE

PARENTS THAT PERHAPS ARE TOO PROUD TO APPLY FOR A FREE AND REDUCED

LUNCH AND -- OR PERHAPS JUST BARELY MISSED THE FINANCIAL CRITERIA TO GET

FREE AND REDUCED LUNCH. AND AS A MOTHER OF SIX CHILDREN, I KNOW HOW

MUCH A FOOD BILL CAN BE, SO I CAN APPRECIATE THAT. BUT I JUST THINK IT'S

BETTER TO LEAVE IT IN THE SOUND DISCRETION OF EACH INDIVIDUAL SCHOOL

DISTRICT. THEY KNOW WHO THE FAMILIES ARE THAT ARE STRUGGLING. THEY

KNOW WHO -- WHICH FAMILIES ARE MUCH MORE ABLE TO PAY, AND I WOULD

RATHER DO THAT RATHER THAN THIS BILL.

NYS ASSEMBLY JUNE 9, 2021

SO I -- I WON'T BE SUPPORTING IT, BUT I THANK THE

SPONSOR FOR HER ANSWERS TO MY QUESTIONS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD FOR A QUESTION, PLEASE?

ACTING SPEAKER AUBRY: MS. KELLES, WILL YOU

YIELD?

MS. KELLES: ABSOLUTELY.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. MANKTELOW: THANK YOU, ASSEMBLYWOMAN.

GOOD TO SEE YOU.

MS. KELLES: GOOD TO SEE YOU, TOO.

MR. MANKTELOW: ONE OF THE QUESTIONS, WHAT

HAPPENS IF A SCHOOL GETS TO A POINT WHERE THEY CAN'T GET ANY MONEY

FROM THE FAMILY? WHAT HAPPENS THEN?

MS. KELLES: SO RIGHT NOW IN NEW YORK STATE THE

FUNDS CANNOT BE ROLLED OVER, SO IT WOULD GO INTO -- OR BE PULLED FROM OR

PAID FROM THE GENERAL FUND. THERE ARE MANY, MANY SCHOOL DISTRICTS IN

THE STATE WHERE THEY ALSO CAN GET FUNDING AND DO GET FUNDING FROM

THEIR PTA. ALSO NON-PROFITS, ALSO FOUNDATIONS. SO THAT IS ACTUALLY, IF

YOU LOOK AT THE STATISTICS, THE PRIMARY WAY THAT THESE ARE PAID FOR. THE

BILL -- I WOULD NOTE I LOOKED AT THE STATISTICS IN MY DISTRICT AND THE

NYS ASSEMBLY JUNE 9, 2021

ENTIRE SOUTHERN TIER, AND THESE AMOUNTS AT THE ABSOLUTE OUTSET - AND

THIS WAS A DEFINITE OUTLIER - WAS $12,000 FOR THE PREVIOUS SCHOOL YEAR,

THE LOWEST BEING $500. SO IF YOU'RE LOOKING AT THE ENTIRE SCHOOL

DISTRICT, THESE ARE PRETTY SMALL AMOUNTS THAT THE SCHOOL DISTRICTS ARE

TRYING TO -- TO BALANCE.

MR. MANKTELOW: I KNOW IN MY DISTRICT, I KNOW

ESPECIALLY IN MY AREA WHERE I LIVE I KNOW THERE'S A LOT OF TRANSIENT

POPULATIONS WHERE FAMILIES ARE MOVING IN AND OUT OF THE AREA. WHEN

ONE OR TWO OR SEVERAL -- SEVERAL FAMILIES MOVE OUT AND THERE'S A BILL FOR

THE -- FOR THE MEALS, WHAT -- DOES THE SCHOOL STILL GO BACK TO THAT SAME

FUNDING OR WHAT HAPPENS IF THERE'S NOT ENOUGH FUNDING THERE TO COVER

THE EXPENSE?

MS. KELLES: SO THAT WOULD ALSO FOLLOW THE SAME

SUIT AS WHAT I JUST ANSWERED. I THINK THAT, YOU KNOW, THE POINT IS HERE

THAT REGARDLESS OF WHO IS TAKING CARE OF A CHILD AT THAT TIME, WHICH

SCHOOL DISTRICT, EVEN IF THEY LEAVE THE SCHOOL DISTRICT THE PRIMARY

MISSION OF BOARDS OF EDUCATION FOCUSED ON THIS, AND SCHOOL BOARDS THAT

-- THAT WE'VE SPOKEN TO IS TO SERVE THE CHILD TO THE BEST OF THEIR ABILITY

WHILE THEY'RE IN THEIR SCHOOL DISTRICT. SO WE'VE -- WE'VE SPOKEN TO

SCHOOL DISTRICTS AND NOT A SINGLE ONE OPPOSED THIS AND THE STATE -- THEIR

STATE ASSOCIATION IS IN SUPPORT. SO I THINK THAT GOES A LONG WAY TO

ANSWERING THAT.

MR. MANKTELOW: AND THIS IS THE LAST QUESTION.

DOES THE SCHOOL HAVE THE ABILITY TO -- IF THE -- IF THE BILL WAS HUGE, DOES

THE SCHOOL HAVE THE ABILITY TO LEVY THAT OUT OF SCHOOL TAXES?

NYS ASSEMBLY JUNE 9, 2021

MS. KELLES: YES.

MR. MANKTELOW: THEY DO.

MS. KELLES: YES.

MR. MANKTELOW: PERFECT. THANK YOU SO MUCH

FOR YOUR TIME.

MS. KELLES: ABSOLUTELY.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 5151-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, TO EXPLAIN MY VOTE.

YOU KNOW, THIS BILL SAYS THAT --

ACTING SPEAKER AUBRY: MR. -- MR. GOODELL,

PLEASE GIVE US YOUR PARTY'S POSITION FIRST AND THEN YOU'LL EXPLAIN YOUR

VOTE.

MR. GOODELL: THEY'LL BE CONSISTENT, AS YOU MIGHT

EXPECT. THIS WILL BE A PARTY VOTE IN THE NEGATIVE. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED. AND I'LL EXPLAIN MY VOTE IN A

MINUTE. THOSE, HOWEVER, THAT WOULD LIKE TO VOTE IN FAVOR OF THIS

NYS ASSEMBLY JUNE 9, 2021

SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN RECORD THEIR

VOTE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH,

SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS

PIECE OF LEGISLATION. HOWEVER, COLLEAGUES SHOULD FEEL FREE TO CONTACT

THE MAJORITY LEADER'S OFFICE IF THEY WANT TO BE AN EXCEPTION.

THANK YOU, MR. SPEAKER.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU SO MUCH,

MRS. PEOPLES-STOKES.

NOW MR. GOODELL.

MR. GOODELL: THANK YOU. TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: YES, SIR.

MR. GOODELL: THIS BILL STATES THAT IT DOESN'T

MATTER HOW MUCH INCOME A FAMILY HAS, IF THEY DON'T WANT TO PAY FOR

SCHOOL LUNCHES FOR THEIR KIDS THEY CAN GET A FREE RIDE. WHAT A HORRIBLE

MESSAGE TO CONVEY TO YOUR KIDS THAT YOU CAN IGNORE THE RULES AND

REGULATIONS, THAT YOU DON'T HAVE TO PAY FOR THINGS THAT YOU BUY AND THAT

YOU USE AND THAT YOU CONSUME, THAT YOU CAN JUST BLOW IT OFF. AND THAT'S

A HORRIFIC MESSAGE. AND OF COURSE EVERYONE IN THIS CHAMBER KNOWS

THERE'S NO SUCH THING AS A FREE LUNCH. SO WHAT HAPPENS WHEN A WEALTHY

NYS ASSEMBLY JUNE 9, 2021

FAMILY DOESN'T PAY FOR THEIR SCHOOL LUNCHES FOR THEIR KIDS? BECAUSE

THERE'S -- THEY'RE JUST RIPPING OFF THE SCHOOL. BUT WHO ARE THEY REALLY

RIPPING OFF ARE ALL THE SCHOOL TAXPAYERS IN THAT LOCAL DISTRICT. SO ALL

THOSE SENIOR CITIZENS AND EVERYONE ELSE, THE WORKING FAMILIES THAT ARE

STRUGGLING TO PAY THAT SCHOOL TAX BILL, THEY HAVE TO PAY HIGHER TAXES IN

ORDER TO COVER THE COST OF LUNCHES BEING PROVIDED TO FAMILIES THAT CAN

PAY BUT SIMPLY WON'T. THAT'S THE WRONG MESSAGE TO SEND TO KIDS AND

IT'S THE WRONG MESSAGE TO SEND TO PARENTS AND IT'S THE WRONG MESSAGE TO

SEND TO THE TAXPAYERS.

AND FOR THOSE REASONS I'LL BE VOTING AGAINST IT.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. SMULLEN.

MR. SMULLEN: THANK YOU VERY MUCH, MR.

SPEAKER. TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PROCEED.

MR. SMULLEN: IT'S -- IT'S BASIC ECONOMIC THEORY

THAT THERE IS NO SUCH THING AS A FREE LUNCH. AND WHILE I DO ACTUALLY

UNDERSTAND THE MOTIVE BEHIND THIS, THIS IS EXACTLY TARGETING THE WRONG

GROUP OF THOSE WHO ARE ABLE TO PAY, WHOSE BURDEN SHOULD NOT BE

SHIFTED TO THE TAXPAYERS, BUT INDEED, SHOULD TAKE PERSONAL RESPONSIBILITY

FOR THEIR -- FOR THEIR CHILDREN AND THEIR CHILDREN'S NUTRITION AT SCHOOL.

THIS IS AN UNFUNDED MANDATE. IT HAS GREAT FISCAL APPLICATIONS AND IT'S A

STEP IN THE WRONG DIRECTION TOWARDS WE -- WHERE WE WANT TO BE HEADED

IN NEW YORK STATE AS FAR AS WHO FUNDS ALL OF THE FINANCES FOR OUR

NYS ASSEMBLY JUNE 9, 2021

PUBLIC SCHOOL SYSTEM.

AND I'M VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. SMULLEN IN THE

NEGATIVE.

MS. KELLES TO EXPLAIN HER VOTE.

MS. KELLES: YES, THANK YOU. THERE ARE THREE

THINGS THAT I THINK ARE REALLY IMPORTANT TO NOTE ABOUT THIS BILL. THIS IS

NOT ABOUT TEACHING CHILDREN A LESSON. THIS IS ABOUT HOLDING THEM

HARMLESS. THIS IS NOT -- FROM THE DATA, FROM THE RESEARCH OF WHAT WE'VE

SEEN, THIS IS NOT A CASE WHERE FAMILIES WHO CAN PAY ARE ABUSING THE

SYSTEM, AS HAS BEEN PAINTED HERE TODAY. I THINK THAT THAT IS EXTREMELY

IMPORTANT THAT WE WALK AWAY TRUSTING, RESPECTING THE DATA. THE OTHER

THING THAT I THINK IS REALLY IMPORTANT TO NOTE IS THAT THIS IS ABOUT

MINIMIZING RISK. IF WE LOOK AT THE RISK THAT IS CAUSED BY A CHILD BEING

SHAMED, THE PERMANENT HARM THAT IS CAUSED, THEN IT IS OUR DUTY TO

MINIMIZE THAT HARM TO THE BEST OF OUR ABILITY. THAT IS WHAT THIS LAW

DOES, THIS BILL DOES IF IT IS PUT INTO LAW, AND THAT IS WHY I HAVE BROUGHT

THIS FORWARD. AND OF COURSE I SUPPORT IT IN THE AFFIRMATIVE.

THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: MS. KELLES IN THE

AFFIRMATIVE.

MS. REYES.

MS. REYES: THANK YOU, MR. SPEAKER. I JUST FIND IT

IRONIC THAT WE TALK ABOUT NOT PAYING FOR FOOD AND GETTING FREE STUFF

WHEN WE HAVE A LOUNGE A FEW FEET AWAY FROM HERE THAT PROVIDES US

NYS ASSEMBLY JUNE 9, 2021

WITH ENDLESS AMOUNTS OF SNACKS THAT WE DON'T HAVE TO PAY FOR. BUT WE

ARE TALKING ABOUT CHILDREN WHO SOMETIMES THE ONLY MEAL THEY GET IS IN

SCHOOL. AND BEFORE NEW YORK CITY IMPLEMENTED FREE LUNCH, I WAS A

MOM OF TWO GRADE-SCHOOL CHILDREN AND I WOULD GET THESE ASTRONOMICAL

BILLS FOR LUNCHES THAT THEY WOULDN'T EVEN EAT BECAUSE MY CHILDREN DIDN'T

LIKE THE FOOD. AND EVEN THOUGH THEY DIDN'T EAT IT AND DIDN'T TAKE THE

LUNCH AND I WOULD PACK THEM THEIR LUNCH, I WOULD STILL GET A BILL. AND

AT THE TIME, BEFORE I WAS A NURSE, IT WAS A FINANCIAL BURDEN TO PAY A

$200, $300 BILL EVERY MONTH.

SO I WOULD COMMEND THE -- THE SPONSOR FOR THIS PIECE

OF LEGISLATION. I THINK IT IS VERY NECESSARY. AND WHEN WE TALK ABOUT

CHILDREN, I THINK WE NEED TO VERY WELL MEASURE OUR WORDS WHEN WE DO

THAT. THANK YOU.

ACTING SPEAKER AUBRY: MS. REYES IN THE

AFFIRMATIVE.

MR. DINOWITZ TO EXPLAIN HIS VOTE.

MR. DINOWITZ: I WAS JUST FINISHING MY FREE LUNCH,

BY THE WAY. SO DOES ANYBODY HERE REALLY THINK THAT A WEALTHY FAMILY,

IF THEY SHOULD HAPPEN TO BE IN PUBLIC SCHOOL IN THE FIRST PLACE, IS GOING

TO NOT PAY FOR A LUNCH IF THE CHILD DOESN'T BRING LUNCH TO SCHOOL? THAT'S

ABSURD. IN NEW YORK CITY WE DO PROVIDE FREE LUNCHES FOR THE KIDS AND

WE PROVIDE IT FOR ALL THE KIDS. AND THE REASONING FOR THAT IS THAT WE

DON'T WANT -- WE DON'T WANT LUNCH SHAME. WE DON'T WANT KIDS TO FEEL

BAD BECAUSE THEY'RE GETTING FREE LUNCH AND OTHER KIDS AREN'T GETTING FREE

LUNCH. IN FACT, THERE ARE SOME WHO PROPOSED THAT THE CITY OR THE STATE

NYS ASSEMBLY JUNE 9, 2021

OR THE FEDERAL GOVERNMENT PROVIDE FREE MEALS OTHER THAN LUNCHES. I

THINK SENATOR GILLIBRAND HAS SUCH A PROPOSAL. AND THAT MAKES A LOT OF

SENSE. WE WANT KIDS TO BE WELL-FED, WE WANT KIDS TO BE HEALTHY. AND

PEOPLE IN JURISDICTIONS WHERE YOU HAVE TO PAY FOR THE LUNCH, THEY PAY

FOR THE LUNCH. AND IF THERE ARE EXCEPTIONS, THERE ARE EXCEPTIONS. BUT I

BELIEVE THE BILL SAYS THAT THE SCHOOL DISTRICT SHOULD NOT BE FILING A

LAWSUIT. THAT DOESN'T MEAN THEY CAN'T ASK THE FAMILIES TO PAY FOR THE

LUNCH IF THEY OWE THE MONEY, IT JUST SAYS NO LAWSUIT. IT'S REALLY

MEAN-SPIRITED, I THINK, TO SUGGEST THAT WE SHOULD BE TAKING FAMILIES TO

COURT BECAUSE THEY'RE TOO POOR TO PAY FOR THE LUNCHES THAT THEIR KIDS

DESPERATELY NEED. AND AS I SAID, NO ONE -- NO WEALTHY FAMILY IS NOT

PAYING FOR THE LUNCH. IT'S -- IT'S JUST RIDICULOUS TO EVEN SAY THAT.

SO, THIS IS A REALLY GREAT BILL AND I THANK THE SPONSOR

FOR PUTTING FORTH THIS BILL. I HOPE EVERYBODY VOTES FOR IT AS APPARENTLY

MOST PEOPLE ARE. THANK YOU, AND I VOTE YES.

ACTING SPEAKER AUBRY: MR. DINOWITZ IN THE

AFFIRMATIVE.

MR. JACOBSON.

MR. JACOBSON: THANK YOU, MR. SPEAKER. THERE'S

NOTHING -- THERE'S NOTHING WORSE THAN A SCHOOLCHILD BEING SHAMED

BECAUSE HE'S GETTING A FREE LUNCH AND HIS SCHOOLMATES AREN'T, OR THAT

HE'S DENIED A LUNCH BECAUSE THE BILL HADN'T BEEN PAID. LUCKILY, IN THE

THREE CITY SCHOOL DISTRICTS IN MY DISTRICT, THE CHILDREN DO NOT HAVE TO

PAY. THE PARENTS DON'T HAVE TO PAY. YOU JUST GO. SO NOBODY IS PUT IN

THAT SITUATION WHERE THEY DIDN'T HAVE ENOUGH QUARTERS IN THE MORNING OR

NYS ASSEMBLY JUNE 9, 2021

THEY'RE -- THEY CAN'T AFFORD IT OR THEY'RE GETTING A FREE LUNCH AND THEN

THEY -- THEY FEEL LIKE THEY HAVE TO SNEAK IN TO GET IT SO THAT OTHER SCHOOL

CHILDREN DO NOT KNOW THAT THEY'RE GETTING IT PAID FOR. SO THE BEST THING

WOULD BE IF ALL THE SCHOOL DISTRICTS HAD IT, THAT YOU GIVE THE LUNCH TO

EVERYBODY. THIS WAY WE DON'T SHAME SCHOOLCHILDREN AND WE DON'T PUT

AN UNDUE BURDEN ON THOSE THAT CAN'T AFFORD IT.

SO I'M VERY HAPPY FOR THE -- THAT THIS BILL IS HERE AND

FOR THE SPONSOR AND I VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. JACOBSON IN THE

AFFIRMATIVE.

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: THANK YOU, MR. SPEAKER. IT IS

PAINFULLY OBVIOUS THAT OVER THE COURSE OF THE LAST YEARS THE GAP BETWEEN

THOSE WHO HAVE THE WHEREWITHAL TO BE ABLE TO -- I SHOULDN'T SAY THE

WHEREWITHAL -- BETWEEN THOSE WHO ARE -- ENJOY ECONOMIC ADVANTAGE

AND THOSE WHO SUFFER ECONOMIC DISADVANTAGE HAS GROWN AND GROWN

WIDELY. I WORRY ABOUT LAWSUITS BEING BROUGHT AGAINST THE PARENTS OF

CHILDREN WHO ARE NOT PAYING FOR THE FOOD THAT THEIR CHILDREN, AS

SOMEONE SAID, RACKS UP IN -- IN SCHOOL. I WORRY THAT A LAWSUIT AGAINST

ANY PARENT WHO HAS THE MONEY TO PAY BUT REFUSES TO DO SO IS GOING TO

RESULT IN REPERCUSSIONS TO THE CHILD ON BEHALF OF THE PARENT. LOOK, I

HAVE NO DOUBT THERE ARE SOME PARENTS WHO CAN AFFORD AND REFUSE TO

PAY, AND I'M REMINDED OF A GREAT CHURCHILL LINE FROM MANY YEARS AGO

THAT, THERE ARE SCOUNDRELS ON BOTH EXTREMES OF THE ECONOMIC STRATA. I

DON'T THINK IT IS WORTH IT TO PURSUE THESE LAWSUITS. I DON'T THINK IT'S

NYS ASSEMBLY JUNE 9, 2021

WORTH IT TO PAY LAWYERS PAID BY THE SCHOOL DISTRICTS TO PURSUE THESE LAW

-- LAWSUITS. I THINK THIS IS A GOOD BILL, THE DESIGN OF WHICH IS TO TRY TO

PROTECT CHILDREN. AND I THINK THAT THAT'S WHAT WE'RE ALL IN THIS TO DO, TO

PROTECT CHILDREN.

I'M VERY PLEASED TO VOTE IN THE AFFIRMATIVE. THANK

YOU.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

MS. WALSH.

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

MY VOTE. THIS DEBATE OBVIOUSLY HAS OBVIOUSLY STRUCK A CHORD WITH

SOME OF MY COLLEAGUES. I JUST WANT TO JUST TALK ABOUT A COUPLE OF

THINGS THAT THIS BILL IS NOT ABOUT. THIS BILL IS NOT ABOUT SUING CHILDREN.

THIS BILL IS NOT ABOUT NOT FEEDING CHILDREN. THIS IS NOT A BILL ABOUT

PICKING ON POOR PEOPLE. THIS IS A BILL THAT SAYS THAT RICH FAMILIES CAN

RACK UP -- AND -- AND WITH ALL RESPECT TO MY COLLEAGUE WHO SAID IT DOES

NOT HAPPEN THAT RICH PEOPLE RUN UP BIG BILLS WITH THEIR KIDS AT SCHOOL

WITH LUNCHES, I AM TELLING YOU, THEY DO. THEY DO. AND IT BASICALLY

SAYS THAT THEY CAN RACK UP THESE BIG BILLS WITH IMPUNITY. BECAUSE WE

ALREADY HAVE IN OUR LAW THAT YOU CAN'T USE A DEBT COLLECTOR. YOU KNOW,

I DON'T KNOW, I GUESS YOU SEND HOME A STRONGLY-WORDED NOTE BUT YOU

PROBABLY CAN'T PUT IT IN THE KID'S BACKPACK BECAUSE THAT MIGHT BE

SHAMING. SO MAYBE YOU HAVE TO PUT A STAMP ON IT AND SEND IT HOME. I

MEAN, REALLY, COME ON. THIS IS -- THIS BILL -- WE ALREADY PASSED

LEGISLATION SAYING THAT THERE SHALL BE NO FOOD SHAMING. THIS IS AN

NYS ASSEMBLY JUNE 9, 2021

EXTENSION OF THAT. THERE HAVE BEEN ZERO LAWSUITS IN NEW YORK STATE

ABOUT THIS, AND JUST ANECDOTAL EVIDENCE ABOUT A COUPLE FROM SOME OTHER

PLACE IN THE COUNTRY. THIS IS NOT A REASON TO BE PASSING THIS BILL.

I'M VOTING IN THE NEGATIVE. I WOULD ENCOURAGE MY

COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

MR. BARRON.

MR. BARRON: THANK YOU VERY MUCH, MR. SPEAKER.

I'LL BE VOTING IN THE AFFIRMATIVE. BUT I JUST WANTED TO MENTION THAT IT'S

INCREDIBLE WHEN WE GET INTO THESE DEBATES ABOUT SOME FUNDAMENTAL

THINGS LIKE FOOD IN SUCH A RICH SOCIETY, AND IT IS ABOUT SOME OF THE

ARGUMENTS THAT WERE MADE BY THOSE WHO ARE FOR THIS BILL. I THINK I

SUPPORT THOSE ARGUMENTS. BUT I ALSO WANTED TO JUST TAKE A MOMENT TO

LOOK BACK IN HISTORY. AND THE BLACK PANTHER PARTY, WHICH I WAS

PROUDLY A MEMBER OF, HAD FREE BREAKFAST PROGRAMS AND GAVE OUT A FREE

LUNCH AND ALSO SURVIVAL PACKAGES TO FEED PEOPLE. AND WHENEVER I HEAR

ABOUT LUNCH OR --OR BREAKFAST, THE BLACK PANTHER PARTY IN THE LATE

1960'S WHEN THEY DID FREE BREAKFAST, FREE LUNCH AND FREE FOOD SURVIVAL

PACKAGES, 22 STATES ACROSS THE COUNTRY VOTED IN AND PASSED LEGISLATION

FOR FREE BREAKFAST AND FREE LUNCH. SO I JUST WANTED TO GIVE CREDIT WHERE

CREDIT IS DUE TO THE BLACK PANTHER PARTY THAT IS DEPICTED IN SO MANY

NEGATIVE WAYS IN OUR SOCIETY, THAT THEY SHOULD GET THE CREDIT FOR THE FREE

BREAKFAST, FREE LUNCH AND THE SURVIVAL PACKAGES THAT THEY WOULD GIVE

OUT TO OUR COMMUNITIES BECAUSE A GREEDY CAPITALIST SYSTEM JUST WASN'T

NYS ASSEMBLY JUNE 9, 2021

FEEDING EVERYBODY.

SO, BILLS THAT SPEAK TO FOOD I THINK IS A GOOD THING AND

I WILL BE VOTING IN THE AFFIRMATIVE ON THIS BILL.

ACTING SPEAKER AUBRY: MR. BARRON IN THE

AFFIRMATIVE.

MR. REILLY. NO MR. REILLY. OKAY.

MS. WALSH WITH THE EXCEPTIONS.

MS. WALSH: YES, THANK YOU, MR. SPEAKER. WOULD

YOU PLEASE RECORD MS. MILLER, MR. MONTESANO, MR. MORINELLO AND MR.

NORRIS IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 8, RULES REPORT NO. 217, THE CLERK WILL READ.

THE CLERK: SENATE S00018-A, RULES REPORT -- I'M

SORRY. EXCUSE ME. I'M SORRY.

ASSEMBLY NO. A06700, RULES REPORT NO. 217,

JOYNER, MITAYNES. AN ACT TO AMEND THE FAMILY COURT ACT AND THE

SOCIAL SERVICES LAW, IN RELATION TO ESTABLISHING PROCEDURES REGARDING

ORDERS OF POST-TERMINATION VISITATION AND/OR CONTACT BETWEEN A CHILD

AND SUCH CHILD'S PARENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

NYS ASSEMBLY JUNE 9, 2021

ADVANCED.

MS. WALSH IS REQUESTING AN EXPLANATION, MS. JOYNER.

MS. JOYNER: OKAY, THANK YOU. SO THIS BILL GRANTS

FAMILY COURT JUDGES THE DISCRETION TO ORDER CONTINUED VISITATION AND/OR

CONTACT BETWEEN CHILDREN AND THEIR BIRTH PARENTS AFTER A PARENT'S RIGHT

HAS BEEN TERMINATED. THE JUDGE MAY ORDER POST -- POST-TERMINATION

CONTACT AT THE DISPOSITION HEARING AND A PARENTAL RIGHTS TERMINATION

PROCEEDING WHEN IT WOULD BE IN THE CHILD'S BEST INTEREST.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MS. JOYNER, WILL YOU

YIELD?

MS. JOYNER: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU, MS. JOYNER. WE'VE

DEBATED THIS BILL IN THE PAST. I NOTICED THAT THERE WERE SOME

AMENDMENTS MADE TO THE BILL AND I WAS WONDERING IF YOU COULD JUST

RUN THROUGH THOSE AMENDMENTS, PLEASE.

MS. JOYNER: SURE. SO A COUPLE OF THE AMENDMENTS

INCLUDE THE STANDARD INVOLVING THE JUDGE'S ANALYSIS WITH THESE CASES.

SO IT DOES ALLOW COLLABORATION BETWEEN THE PARTIES. IF THERE'S AN

AGREEMENT THE COURT CAN PROCEED ALONG WITH ALLOWING VISITATION AND/OR

CONTACT. IF THERE IS NO AGREEMENT, THE COURT HAS -- STARTS THEIR ANALYSIS

WHERE THEY CAN ORDER CONTACT IF IT'S IN THE BEST INTEREST OF THE CHILD AND

NYS ASSEMBLY JUNE 9, 2021

IF THE APPLICANT CAN SHOW THAT CONSENT IS BEING UNREASONABLY WITHHELD.

AND THEN WE ALSO SPOKE ABOUT -- JUST DELINEATED THE PROCESS A LITTLE BIT

BETTER IN TERMS OF WHEN THE APPLICATION CAN BE MADE AND, YOU KNOW,

ABOUT THE MODIFICATION -- WHEN THERE IS A MODIFICATION WHAT'S THE STEPS

FOR THAT AS WELL.

MS. WALSH: VERY GOOD. SO, ONE OF MY QUESTIONS

IS, SO LET'S SAY THAT YOU'VE GOT A CHILD WHO WAS REMOVED FROM

BIOLOGICAL PARENT AND PLACED IN FOSTER CARE, WITH A FOSTER FAMILY, AND

THE CHILD -- YOU KNOW, THERE NEEDS TO BE -- IT'S REQUIRED BY LAW THAT IF

THE CHILD HAS BEEN IN -- IN A FOSTER CARE PLACEMENT FOR I THINK IT'S 15 OUT

OF THE LAST --

MS. JOYNER: TWENTY-TWO MONTHS.

MS. WALSH: YEAH, I WAS GOING TO SAY ALMOST TWO

YEARS, THEN AT THAT POINT THE DEPARTMENT OF SOCIAL SERVICES NEEDS TO

FILE, IT'S IS REQUIRED TO FILE A TERMINATION OF PARENTAL RIGHTS PETITION. SO

-- SO THEY DO. THEY FILE A -- A TPR, A TERMINATION OF PARENTAL RIGHTS,

TPR PETITION, AND AT THAT POINT THE INDIVIDUALS WHO HAVE STANDING TO

PARTICIPATE WOULD BE THE CHILD, RIGHT, BUT THE CHILD IS GOING TO BE

APPEARING GENERALLY THROUGH AN ATTORNEY FOR THE CHILD UNLESS THEY'RE

OVER THE AGE OF 14, A -- THE FOSTER FAMILY AND THE BIOLOGICAL PARENT AND

DEPARTMENT OF SOCIAL SERVICES. DO I HAVE ALL THOSE PARTIES RIGHT?

MS. JOYNER: YES. THE BILL DELINEATES THAT AS WELL.

MS. WALSH: OKAY, GOOD. SO, NOW THAT -- THAT

FOSTER FAMILY, LET'S SAY THAT THERE'S AN ORDER THAT THE COURT MAKES THAT

WASN'T BY CONSENT, IT WAS AFTER A HEARING. AFTER A HEARING THE JUDGE

NYS ASSEMBLY JUNE 9, 2021

DETERMINES THAT THERE SHOULD BE THIS TYPE OF CONTINUED CONTACT BETWEEN

THE BIOLOGICAL PARENT AND THE CHILD. BUT THE FOSTER PARENTS, SAY -- SAY

THEY OBJECT TO IT. BUT THE COURT CAN STILL ORDER IT, RIGHT, EVEN IF THEY

DON'T AGREE?

MS. JOYNER: YES. BUT AGAIN, IT WOULD BE -- THE

BURDEN OF PROOF WOULD BE ON THE APPLICANT TO SHOW THAT THE CONSENT IS

BEING WITHHELD UNREASONABLY, AND AGAIN, THAT IT'S IN THE CHILD'S BEST

INTEREST.

MS. WALSH: OKAY. SO LET'S SAY THAT THERE'S THAT

ORDER. AFTER THAT TIME, THE FOSTER PARENTS ARE LIKE, YOU KNOW WHAT? I'M

OUT. I'M TAPPING OUT. I'M DONE WITH THIS SITUATION. BUT THERE'S ANOTHER

ADOPTIVE PARENTS THAT COMES OUT LIKE A MIRACLE AND SAY THAT THEY WANT

TO ADOPT THIS -- THIS CHILD. DO THEY HAVE TO -- ARE THEY REQUIRED TO ABIDE

BY THE ORDER THAT WAS ISSUED IN A PROCEEDING THAT THEY DIDN'T PARTICIPATE

IN?

MS. JOYNER: SO, THE BILL DOES SPEAK ABOUT PARTIES

THAT BECOME -- SUBSEQUENT PARTIES THAT BECOME INVOLVED IN THIS

PROCEEDING. SO THEY WILL ALSO HAVE THE ABILITY TO ENFORCE OR MODIFY ANY

CONTACT AGREEMENT. AND AGAIN, THE COURT WILL BEGIN THAT ANALYSIS OF IF

THERE IS AN AGREEMENT IT'S FINE, IF THERE IS NO AGREEMENT THEY WILL LOOK AT

WHETHER OR NOT CONSENT IS BEING UNREASONABLY WITHHELD AND IF IT'S IN THE

CHILD'S BEST INTEREST. SO THE WHOLE COURT ANALYSIS WILL -- WILL START

AGAIN.

MS. WALSH: SO THE WHOLE COURT ANALYSIS STARTS

AGAIN, AND THE ADOPTIVE PARENT, WHO AT THAT POINT, AT THE POINT OF

NYS ASSEMBLY JUNE 9, 2021

ADOPTION IS THE LEGAL PARENT OF THAT CHILD, THEY WOULD BE REQUIRED UNDER

THIS BILL TO -- BECAUSE THEY DON'T GET COUNSEL ASSIGNED TO THEM LIKE THE

-- LIKE THE OTHER PARTIES MIGHT. THEY HAVE TO GO OUT, THEY HAVE TO GO

FIND AN ATTORNEY, THEY HAVE TO PAY FOR THAT ATTORNEY. THEY HAVE TO GO

AND PETITION IN FAMILY COURT, THEY HAVE TO SAY THAT DESPITE THE ORDER THAT

WAS PREVIOUSLY ISSUED, THEY WISH TO MODIFY OR EXTINGUISH THOSE -- THAT

CONTINUED CONTACT. THEY HAVE TO GO THROUGH THAT WHOLE COURT PROCESS,

PROBABLY GO THROUGH ANOTHER HEARING BECAUSE IT'S UNLIKELY THAT THE

BIOLOGICAL PARENT WHO HAS BEEN GETTING THE TIME WANTS TO -- TO LOSE THAT

TIME. SO THAT -- THAT ADOPTIVE PARENT'S GOT TO JUMP THROUGH A NUMBER OF

HOOPS AND STILL RUNS THE RISK THAT THE FAMILY COURT JUDGE IS GOING TO

AGREE WITH THE BIOLOGICAL PARENT THAT IT WOULD BE IN THE BEST INTEREST TO

CONTINUE THIS CONTACT THAT THE ADOPTIVE PARENTS DON'T WISH TO HAVE, IS

THAT CORRECT?

MS. JOYNER: WELL, SO JUST TO CLARIFY. SO, SECTION

262 OF THE FAMILY COURT ACT DOES ALLOW ADOPTIVE PARENTS TO HAVE

COUNSEL IF THEY'RE FINANCIALLY ELIGIBLE. THE CHILD WILL ALSO HAVE

COUNSEL. AND AGAIN, IF THE COURT ALREADY STARTED THE ANALYSIS THAT THIS

WAS IN THE CHILD'S BEST INTEREST TO HAVE CONTACT, I WOULD ASSUME THE

SAME ANALYSIS WOULD APPLY UNLESS THERE'S BEEN A SIGNIFICANT CHANGE IN

CIRCUMSTANCES. AND AGAIN, THE ANALYSIS AT ALL TIMES FOCUSES ON WHAT'S

IN THE BEST INTEREST OF THE CHILD. AND AS YOU -- YOU KNOW -- AND, YOU

KNOW, THROUGHOUT THE STATE OF NEW YORK ADOPTIONS HAVE BECOME MORE

OPEN. AGENCIES ARE DOING A BETTER JOB OF EDUCATING PROSPECTIVE

ADOPTIVE PARENTS ABOUT THE BENEFITS OF MAINTAINING THAT CONTACT WHEN

NYS ASSEMBLY JUNE 9, 2021

IT'S IN THE BEST INTEREST OF THE CHILD. YOU KNOW, THE CONTACT BETWEEN THE

CHILD AND THE BIRTH PARENT. SO, I WOULD SAY, YOU KNOW, AGAIN, IF THE

COURT FOUND THAT IT WAS IN THE BEST INTEREST OF THE CHILD AT THAT POINT I

WOULD ASSUME THAT IT WOULD AGAIN APPLY IN THE SECOND PROCEEDING.

AND AGAIN, THE ANALYSIS STAYS ON WHAT'S IN THE BEST INTEREST OF THE CHILD.

MS. WALSH: SO, MS. JOYNER, JUST SO -- JUST SO I'M

CLEAR. ARE YOU SAYING THAT UNDER -- AND I'D LIKE TO HEAR THAT SECTION OF

THE LAW AGAIN -- IN -- IN THIS TYPE OF A PETITION THAT WE'VE BEEN TALKING

ABOUT, THE ADOPTIVE PARENTS COULD HAVE PUBLIC DEFENDER REPRESENTATION

IF THEY FINANCIALLY QUALIFIED UNDER THE LAW?

MS. JOYNER: YES. THAT'S SECTION 262 OF THE

FAMILY COURT ACT.

MS. WALSH: OKAY. THANK YOU SO MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO, I -- I APPRECIATE THAT THE SPONSOR

HAS MADE AMENDMENTS TO THE BILL. THE BILL IS LESS OBJECTIONABLE TO ME

THAN IT WAS LAST TIME, BUT I STILL DON'T LIKE THE BILL AND I'D LIKE TO -- TO TELL

YOU WHY. I'M REALLY GOING TO BE RELYING GREATLY ON A MEMO IN

OPPOSITION THAT WAS SUBMITTED BY THE ADOPTIVE AND FOSTER FAMILY

COALITION, AND I'M GOING TO BE QUOTING FROM PARTS OF IT. THIS -- THIS IS

WHAT I THINK IS REALLY WHAT THIS BILL BOILS DOWN TO. THEY SAID, THERE IS

NOTHING IN CURRENT LAW THAT EXPLICITLY PREVENTS CHILDREN AND YOUTH WHO

ARE ADOPTED FROM HAVING CONTACT UP TO AND INCLUDING VISITATION WITH

NYS ASSEMBLY JUNE 9, 2021

THEIR BIOLOGICAL PARENTS POST-ADOPTION. IN FACT, THIS ALREADY OCCURS

ROUTINELY. NOW THIS IS MY NARRATIVE. SO THAT IS TRUE. THAT -- THAT DOES

HAPPEN. THESE AGREEMENTS ARE REACHED. AND AS THE SPONSOR INDICATED,

THERE IS -- ADOPTION HAS CHANGED, AND IT WAS LIKE, YOU KNOW, DECADES

AGO. ADOPTIONS TEND TO BE MORE OPEN. BUT REMEMBER THAT IN THIS CASE

YOU'VE GOT THE TERMINATION OF THE BIOLOGICAL PARENT'S RIGHTS. THAT IS

SOMETHING THAT ONLY HAPPENS IN VERY -- THANK GOD -- IN VERY RARE

CIRCUMSTANCES. THEY ARE THE WORST CASES TO COME INTO FAMILY COURT.

THEY ARE THE MOST HEARTBREAKING CASES, BECAUSE YOU'VE GOT A PARENT, A

BIOLOGICAL PARENT, WHO HAS SUCH PROBLEMS THAT THEY -- THAT THEY ARE A

ADJUDGED TO BE -- TO -- TO LOSE THEIR PARENTAL RIGHTS. UNDER NEW YORK

LAW, PARENTS, BIOLOGICAL PARENTS HAVE THE PRIMARY RIGHT TO THEIR -- TO

THEIR OWN CHILDREN. AND TO LOSE THAT -- YOU CAN ONLY IMAGINE THE KIND

OF PARENTS THAT WE -- THAT I SEE, THAT WE SEE IN FAMILY COURT. THESE ARE

PARENTS WITH PROFOUND MENTAL ILLNESS. THEY HAVE PROFOUND SUBSTANCE

ABUSE ISSUES. AND ALL DURING THIS PROCESS, WHEN THIS CHILD IS PLACED IN

FOSTER CARE FOR 15 MONTHS OUT OF TWO YEARS -- 22 MONTHS -- PREVENTIVE

SERVICES AND SOCIAL SERVICES IS CONSTANTLY WORKING WITH THAT BIOLOGICAL

PARENT TO TRY TO GET THEM THE SERVICES THEY NEED TO BASICALLY ADDRESS THE

PROBLEMS THAT THEY HAVE AND MAKE THEM INTO THE KIND OF PARENT THAT IS

GOING TO BE ABLE TO PROVIDE A SAFE AND APPROPRIATE AND SUITABLE HOME

AND ENVIRONMENT FOR THAT CHILD. AND SO WHEN I REPRESENT KIDS, THE KIDS

WHOSE PARENTS ARE -- ARE LIKE THIS ARE -- ARE GOING THROUGH A ROLLER

COASTER. DO THEY -- DO THEY CARE ON SOME LEVEL FOR THEIR PARENTS? SURE

THEY DO. SURE THEY DO. BECAUSE IT'S WHO THEY KNOW AND THEY KNOW

NYS ASSEMBLY JUNE 9, 2021

THAT IT'S THEIR PARENT. BUT THEY ALSO KNOW THAT THEIR DRUG ADDICTION OR A

CYCLE OF DOMESTIC VIOLENCE OR -- OR ANY NUMBER OF THINGS, JUST MENTAL

ILLNESS, THAT THESE KIDS HAVE BEEN ON A ROLLER COASTER. THEY ARE BRUISED.

THEY ARE -- I DON'T MEAN PHYSICALLY BRUISED, I MEAN EMOTIONALLY THEY

ARE BRUISED. AND AFTER THEY GO INTO A FOSTER CARE PLACEMENT, OR WITH

ANY LUCK, AN ADOPTIVE PLACEMENT OR A PRE-ADOPTIVE PLACEMENT, THESE

KIDS ARE GOING THROUGH A LOT OF COUNSELING AND TREATMENT TO TRY TO REPAIR

THE DAMAGE THAT'S BEEN DONE FROM THEM BEING IN A HOME THAT HAS JUST

NOT BEEN IN THEIR BEST INTEREST IN ANY WAY. SO I WANT TO MAKE THE POINT

TO MY COLLEAGUES THAT SOCIAL SERVICES IS TRYING THROUGH THIS WHOLE 15-

MONTH PERIOD TO TRY TO HELP, TO TRY TO HELP THE SITUATION. THEY GET --

AND WE'RE DOING PERMANENCY HEARINGS EVERY SIX MONTHS TO CHECK IN, TO

CHECK IN WITH SOCIAL SERVICES. HOW'S THE CHILD DOING? HOW'S THE --

HOW'S THE BIOLOGICAL PARENT DOING? AND THE GOAL AT THE BEGINNING IS

GENERALLY RETURN TO PARENT. WE WANT TO RETURN THE CHILD TO THE PARENT IF

WE CAN CORRECT THE HOME ENVIRONMENT. BUT AFTER TIME GOES ON, AFTER A

WHILE THE -- THE GOAL CHANGES, AND THE GOAL CHANGES TO EVENTUALLY FREE

FOR ADOPTION. THE POINT THAT'S BEING MADE BY THE ADOPTIVE AND FOSTER

FAMILY COALITION IS THAT IN NEW YORK WE ARE, LIKE, 40 -- LET ME GET IT IN

FRONT OF ME -- WE ARE 48TH OUT OF 50 IN TERMS OF ADOPTIONS IN -- YEAH, IN

-- IN NEW YORK STATE. IT IS REALLY HARD TO FIND ADOPTIVE PARENTS TO STEP

FORWARD AND WANT TO TAKE ON ANY CHILD THROUGH ADOPTION, BUT

PARTICULARLY THESE KIDS WHO HAVE HAD SUCH A ROUGH ROAD AND WHO OFTEN

HAVE THEIR OWN BATTLES THAT THEY'RE FIGHTING, THEIR OWN DIFFICULTIES. SO

AS THIS MEMO SAYS - THIS IS THE PART THAT REALLY GOT ME - NOT ONLY WOULD

NYS ASSEMBLY JUNE 9, 2021

THIS BILL, IF ENACTED, BROADLY SHIFT THE FOCUS FROM THE BEST INTEREST OF THE

CHILD TO THE WISHES OF THE COURT-TERMINATED BIOLOGICAL PARENT, IT WOULD

UNFAIRLY SUBJECT ADOPTED FAMILIES TO YEARS OF ONGOING LEGAL EXPENSE

AND UNDESERVED INTERVENTION.

NOW, THE SPONSOR INDICATED THAT IF SOME -- IF AN

ADOPTIVE FAMILY DOESN'T HAVE FINANCIAL RESOURCES, SHE CITED A SECTION

AND I -- I COMPLETELY -- YOU KNOW, I HAVE NO REASON TO DOUBT HER THAT --

THAT THEY WOULD POTENTIALLY GET PUBLIC DEFENDER REPRESENTATION. IF THE

ADOPTIVE FAMILY HAS MEANS BUT DOESN'T MEET THE MEANS TEST FOR PUBLIC

DEFENDER, THEY'RE GOING TO BE PAYING FOR THIS. THEY'RE GOING TO PAYING

FOR ALL OF THESE COURT INTERVENTIONS, AND THAT ADOPTIVE FAMILIES WOULD

HAVE NO CHOICE BUT TO HIRE AND PAY FOR LEGAL REPRESENTATION FOR

THEMSELVES. THIS IS THE QUOTE I REALLY WANT YOU TO HEAR AND THINK

ABOUT: FINALLY, THE COALITION IS TROUBLED BY THE IMPLICIT MESSAGE OF

THIS PROPOSED LEGISLATION THAT ADOPTIVE PARENTS ARE LITTLE MORE THAN

BABYSITTERS WHO PARK AND HOUSE A CHILD UNTIL THEIR 18TH BIRTHDAY.

PARENTS WHO ADOPT TRAUMATIZED, NEGLECTED CHILDREN FROM FOSTER CARE

DESERVE OUR STATE'S FULL SUPPORT. WHILE THE COALITION DOES NOT BELIEVE

THIS IS THE SPONSOR'S INTENTION, ADOPTIVE PARENTS DO NOT DESERVE THE

DISRESPECT THAT THIS BILL CONVEYS. THE BEST INTEREST OF THE CHILD IS

SERVED MOST BY PERMANENCY AND FINALITY. IF THERE IS TO BE POST TPR -

TERMINATION OF PARENTAL RIGHTS - CONTACT BETWEEN THE BIOLOGICAL PARENT

AND THE FOSTER FAMILY OR THE ADOPTIVE FAMILY, LET THEM WORK IT OUT.

DON'T CREATE THIS CONSTRUCT WHERE THEY GO INTO FAMILY COURT AND THEY

HAVE TO GO BACK AND POTENTIALLY AFTER 14, THE CHILD HIM OR HERSELF GETS

NYS ASSEMBLY JUNE 9, 2021

EMBROILED AND HAS TO GO IN FOR THESE PERMANENCY HEARINGS OR FOR THESE

FOLLOW-UP PROCEEDINGS. THEY GET AN ATTORNEY, BUT THE ATTORNEY BRINGS

THEM IN. YOU'RE POTENTIALLY SUBJECTING THIS CHILD TO A CONTINUOUS CYCLE.

BECAUSE EVEN THOUGH THE BILL SAYS THAT THE -- THAT THE BIOLOGICAL PARENT

GETS ONE BITE AT THE APPLE, THEY GET ONE APPLICATION, IF THE COURT, AFTER A

HEARING OR BY AGREEMENT GRANTS A CERTAIN AMOUNT OR KIND OF VISITATION,

THAT BIOLOGICAL PARENT OR ANY OF THE PARTIES CAN GO BACK IN. THEY CAN

GO BACK IN AND MODIFY PETITION AFTER PETITION AND CHANGE THE HOURS,

CHANGE THE DAYS, CHANGE WHETHER IT'S IN A PUBLIC PLACE. WHETHER IT CAN

BE IN THE BIOLOGICAL PARENT'S HOME. ALL THE DIFFERENT VARIABLES FOR

VISITATION CAN CONTINUE TO BE LITIGATED AND LITIGATED AND LITIGATED. AND

THAT'S WHAT THAT KID'S CHILDHOOD IS GOING TO BE. AND I DON'T THINK THAT'S

FAIR TO THE CHILD. I DON'T THINK THAT'S IN THE CHILD'S BEST INTEREST. I THINK

THAT ONCE A BIOLOGICAL PARENT GOES DOWN THAT LONG, LONG, LONG ROAD AND

CANNOT GET THE SERVICES TO THE POINT WHERE THEY'RE ABLE TO REVERSE THE

THINGS THAT MAKE THEM INCAPABLE OF PROVIDING A GOOD HOME FOR THAT

CHILD, I THINK THAT THERE NEEDS TO BE FINALITY. AND IF AFTER THE TPR IS

GRANTED THE ADOPTIVE PARENTS SAY, YOU KNOW WHAT? WE WANT TO OPEN

OUR HEARTS TO HAVE THAT BIOLOGICAL PARENT CONTINUE TO HAVE SOME LEVEL

OF CONTACT WITH THIS CHILD BEFORE THEY REACH THE AGE OF 18 AND THEY CAN

MAKE UP THEIR OWN MIND, THEN THAT'S FINE. BUT IN ITS CURRENT FORM I

CANNOT SUPPORT THIS BILL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

NYS ASSEMBLY JUNE 9, 2021

MS. JOYNER.

MS. JOYNER: OKAY. THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. JOYNER: OKAY, JUST TO CLARIFY A COUPLE OF

POINTS. MODIFICATION CAN ONLY OCCUR ONCE, AND THAT'S WITH A SHOWING

OF A SUBSTANTIAL CHANGE IN CIRCUMSTANCE. SO THIS IS NOT GOING TO LEAD TO

ENDLESS LITIGATION. AND I JUST HAVE TO JUST STRESS HOW IMPORTANT THIS BILL

IS. WE'RE TALKING ABOUT SIMILARLY-SITUATED PARENTS. LET'S SAY IF THEY

VOLUNTARILY CHOOSE TO SURRENDER THEIR RIGHTS AS PARENTS, THEY ARE -- THEY

CAN HAVE THE ABILITY TO STILL HAVE CONTACT OR VISITATION WITH THEIR

CHILDREN. BUT IF THEY GO -- IF THEY WANT TO ASSERT THEIR RIGHTS AND, YOU

KNOW, FIGHT AGAINST ANY ALLEGATIONS AND THEY WANT TO PROCEED TO TRIAL

AND LOSE, THEY RISK LOSING EVERYTHING. AND THIS BILL IS GOING TO CREATE

PARITY SO THAT PARENTS DON'T HAVE TO, YOU KNOW, BE IN AN UNFAIR

BARGAINING POSITION WHERE YOU EITHER HAVE THE OPTION TO SURRENDER YOUR

RIGHTS NOW OR IF YOU LOSE THAT CHILD YOU LOSE EVERYTHING. SO THIS BILL IS

GOING TO ALLOW PARENTS THE ABILITY TO ASSERT THEIR RIGHTS IF THEY CHOOSE OR

DO NOT CHOOSE TO. AND I KNOW THERE WAS ARGUMENTS ABOUT 15 MONTHS

AND, YOU KNOW, I JUST WANT TO SAY SOMETHING SIMPLE AS BEING UNABLE TO

FIND HOUSING WITHIN THAT 15 MONTHS CAN AUTOMATICALLY THEN TRIGGER THIS

TPR PROCEEDING. SO WE ARE LEVELING THE PLAYING FIELD FOR ALL OF THE

PARENTS. WE KNOW -- RESEARCH SHOWS THAT IT -- IT MAY BE IN THE BEST

INTEREST TO MAINTAIN THESE BONDS IF IT HELPS WITH THE CHILD'S CURIOSITY,

ACCESS TO FAMILY RECORDS AND MEDICAL HEALTH INFORMATION, HELPING KIDS

NYS ASSEMBLY JUNE 9, 2021

DEVELOP THEIR SENSE OF IDENTITY, HELPING CHILDREN DEAL WITH THE

TRANSITIONING. AND I WANT TO ALSO STRESS THAT POST-TERMINATION CONTACT IS

NOT NEW. NEW YORK STATE JUDGES WERE ALLOWING THIS AT ONE POINT BUT

THE COURT OF APPEALS SAID THAT THE LEGISLATURE NEEDED TO ACT, WHICH IS

WHAT WE WILL BE DOING TODAY. SECOND AND FOURTH DEPARTMENTS WERE

ALLOWING THIS TO ALREADY HAPPEN. THIS -- IT'S HAPPENING IN OTHER STATES.

AND WE'RE TALKING ABOUT SITUATIONS WHERE THERE ARE SIGNIFICANT TIES

BETWEEN THE PARENT AND THE CHILD. SO THERE'S AN ALREADY ONGOING

PREEXISTING RELATIONSHIP WHERE THE CHILD KNOWS WHO THE BIOLOGICAL

PARENT IS. AND WE CAN'T ERASE HISTORY OR THE EXISTENCE OF THESE -- THESE

PARENTAL BONDS. AND, YOU KNOW, PARENTS MAY NOT BE ABLE TO PARENT

FULL-TIME, BUT STILL, THERE COULD BE A BENEFICIAL CONTACT WITH THEIR

CHILDREN THAT COULD BE BENEFICIAL TO BOTH PARTIES. ESPECIALLY IF, YOU

KNOW, THE CHILD IS NOT -- IF THE PARENT IS NOT A THREAT. AND AGAIN,

CONTACT CAN BE AS SIMPLE AS AN E-MAIL, A PICTURE, TELEPHONE CALL, LETTER,

SUPERVISED OR UNSUPERVISED VISITS. AND AT ALL TIMES THE COURT WOULD BE

ABLE TO HAVE DISCRETION TO DETERMINE WHAT NATURE AND THE FORM OF

COMMUNICATION THAT WOULD BE APPROPRIATE. AND IF THE CHILD IS OVER 14,

IF THEY DO NOT WANT TO CONSENT TO THIS ARRANGEMENT, THAT -- IT WILL NOT

HAPPEN.

SO, I JUST WANT TO STRESS HOW IMPORTANT THIS BILL IS.

I'VE SPOKEN TO SO MANY FAMILIES WHO HAVE LOST CONTACT WITH THEIR KIDS

BECAUSE THEY DECIDED TO ASSERT THEIR RIGHTS AND -- AND STAND UP TO

ALLEGATIONS THAT WERE MADE AGAINST THEM. SO I WHOLEHEARTEDLY SUPPORT

THIS BILL AND URGE MY COLLEAGUES TO ALSO VOTE IN THE AFFIRMATIVE. THANK

NYS ASSEMBLY JUNE 9, 2021

YOU SO MUCH.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE ON THE 180TH DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6357. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. THIS

CONFERENCE WILL BE RECORDING THIS AS A NO VOTE. IF ANYBODY WISHES TO

BE RECORDED AS A YES THEY'RE ENCOURAGED TO CONTACT THE MINORITY

LEADER'S OFFICE SO WE CAN RECORD YOUR VOTE APPROPRIATELY. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

MS. HYNDMAN.

MS. HYNDMAN: THANK YOU, MR. SPEAKER. I

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

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

MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE

NUMBER PREVIOUSLY PROVIDED AND THEIR NAMES WILL BE ANNOUNCED

ACCORDINGLY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

HYNDMAN.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER GALLAGHER: MRS.

NYS ASSEMBLY JUNE 9, 2021

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, COULD

YOU PLEASE RECORD OUR COLLEAGUE MS. WALLACE IN THE NEGATIVE ON THIS

ONE?

ACTING SPEAKER GALLAGHER: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 8, RULES REPORT NO. 237, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00018-A, RULES REPORT

NO. 237, SENATOR MAYER (A07353, BRONSON, MCDONALD, ABBATE,

GALEF, JACOBSON, SIMON). AN ACT TO AMEND THE LABOR LAW, IN RELATION

TO REQUIRING THE DEPARTMENT OF LABOR TO PROVIDE INFORMATION TO

EMPLOYERS ABOUT SHARED WORK PROGRAM ELIGIBILITY AND BENEFITS.

ACTING SPEAKER GALLAGHER: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

ON THE BILL.

ACTING SPEAKER GALLAGHER: ON THE BILL,

SIR.

MR. GOODELL: THIS BILL REQUIRES THE

COMMISSIONER OF LABOR TO SEND MATERIALS TO EVERY SINGLE EMPLOYER IN

THE STATE OF NEW YORK EVERY SINGLE YEAR, PROVIDING THEM WITH

INFORMATION REGARDING THE SHARED WORK PROGRAM. I LIKE THE SHARED

WORK PROGRAM, AND IT IS VERY VALUABLE, PARTICULARLY IN THE

MANUFACTURING SEGMENT. AND IN THE MANUFACTURING AREA IF THERE'S A

NYS ASSEMBLY JUNE 9, 2021

DROP IN ORDERS AND THEY NEED TO CUT BACK ON STAFF, WHAT THE SHARED

WORK PROGRAM DOES IS IT ALLOWS THE STAFF TO WORK PART-TIME AND STILL

COLLECT UNEMPLOYMENT PART-TIME. THE UNEMPLOYMENT BENEFIT IS

REDUCED BY THE INCOME THAT THEY RECEIVE, AND AT THE SAME TOKEN THE

EMPLOYEES COME OUT AHEAD BECAUSE THEY GET A SALARY THAT IS ALWAYS

HIGHER THAN UNEMPLOYMENT. SO THE SHARED WORK PROGRAM HAS BEEN

REALLY VALUABLE TO A LOT OF OUR MANUFACTURERS. THE SHARED WORK

PROGRAM, THOUGH, IS COMPLETELY INAPPLICABLE TO MANY SMALL EMPLOYERS,

PARTICULARLY THOSE WHO HAVE A RETAIL STORE OR SOMETHING LIKE THAT WHERE

THEY HAVE MINIMUM STAFFING. AND SO WHILE IT'S A GREAT, GREAT PROGRAM

FOR A LOT OF OUR MANUFACTURERS, IT DOESN'T REALLY HAVE APPLICABILITY TO

VERY SMALL EMPLOYERS OR CERTAIN OTHER EMPLOYERS WHERE MINIMUM

STAFFING APPLIES.

AND SO WHILE I WILL BE VOTING FOR THE BILL, I WOULD

RECOMMEND THAT THE SPONSOR CONSIDER A CHAPTER AMENDMENT REDUCING

THE REPORTING REQUIREMENTS SO THAT THE DEPARTMENT OF LABOR DOESN'T

HAVE TO SEND OUT INFORMATION TO EMPLOYERS THAT WOULD NEVER BE ABLE TO

USE THIS PROGRAM, EVERY SINGLE YEAR. AND SO WE JUST NEED TO NARROW

THE NOTICE REQUIREMENTS TO MAKE THEM MORE REASONABLE, AND I HOPE WE

CAN SEE THAT IN THE FUTURE IN A CHAPTER AMENDMENT. OTHERWISE, I'LL BE

SUPPORTING THE BILL. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER GALLAGHER: THANK YOU,

MR. GOODELL.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER GALLAGHER: THE CLERK WILL

RECORD THE VOTE ON SENATE -- SENATE PRINT 18-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, MADAM SPEAKER.

PLEASE RECORD MY COLLEAGUE MR. DIPIETRO IN THE NEGATIVE ON THIS

LEGISLATION. THANK YOU, MADAM.

ACTING SPEAKER GALLAGHER: 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: MADAM SPEAKER,

MEMBERS, WE HAVE -- WANT TO GO INTO A BRIEF RECESS. THOSE WHO ARE

JOINING US REMOTELY SHOULD REMAIN IN YOUR ZOOM. IF YOU ARE A MEMBER

OF THE ELECTION LAW, THE CODES OR THE WAYS AND MEANS COMMITTEES,

YOU WILL BE PUT INTO THE RESPECTIVE WAITING ROOMS FOR THOSE COMMITTEE

MEETINGS. HOWEVER, I BELIEVE THEY'RE GOING TO BE CALLED IN ORDER,

MADAM SPEAKER, SO IF YOU'RE IN THE CHAMBERS AND YOU'RE ON ELECTION

LAW YOU CAN ACTUALLY USE THE SPEAKER'S CONFERENCE ROOM AS OPPOSED

TO RUNNING TO YOUR OFFICE TO SET YOURSELF UP ON ZOOM. SO, AGAIN, WE'RE

GOING TO GO INTO A RECESS. WE'RE GOING TO HOLD THESE RESPECTIVE

NYS ASSEMBLY JUNE 9, 2021

COMMITTEES, ELECTION LAW, CODES AND WAYS AND MEANS. OUR VERY

CAPABLE STAFF HERE WILL PUT -- THEY KNOW WHAT MEMBERS GO ON WHAT

COMMITTEES, THEY'LL PUT YOU IN THE RIGHT BREAKOUT ROOM AND YOUR

COMMITTEE WILL BEGIN SOON. WE WILL RECONVENE AT THE COMPLETION OF

THE COMMITTEE PROCESS, MADAM SPEAKER.

ACTING SPEAKER GALLAGHER: THE HOUSE

STANDS IN RECESS.

(WHEREUPON, AT 2:08 P.M., THE HOUSE STOOD IN RECESS.)

ACTING SPEAKER VANEL: THE HOUSE WILL COME

TO ORDER.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, MEMBERS

HAVE ON THEIR DESKS FOR CONFIRMATION BY THIS HOUSE THE GOVERNOR'S

NOMINATION TO FILL THE VACANT POSITION OF CHIEF ENFORCEMENT COUNSEL OF

THE STATE BOARD OF ELECTIONS. I ASK THAT WE TAKE UP THIS CONFIRMATION AT

THIS TIME AND THAT YOU RECOGNIZE MS. WALKER, CHAIR OF THE ELECTIONS

COMMITTEE, FOR THAT PURPOSE.

ACTING SPEAKER VANEL: ON THE NOMINATION,

MS. WALKER.

MS. WALKER: THANK YOU, MR. SPEAKER. TODAY IS A

HISTORIC DAY. ONLY TWO TIMES, THOUGH IS THE SECOND TIME, IN THE HISTORY

OF THE STATE OF NEW YORK THAT WE HAVE AN OPPORTUNITY TO MAKE THIS A

NOMINATION AND THEN CONFIRMATION. TODAY THE ELECTION LAW

COMMITTEE MET WITH MICHAEL L. JOHNSON WHO HAS BEEN NOMINATED BY

THE GOVERNOR TO BE THE CHIEF ENFORCEMENT COUNSEL AT THE NEW YORK

NYS ASSEMBLY JUNE 9, 2021

STATE BOARD OF ELECTIONS. ELECTION LAW SECTION 3-100 REQUIRES THAT

UPON THE GOVERNOR'S NOMINATION, THE NOMINEE MUST BE CONFIRMED BY

EACH HOUSE OF THE LEGISLATURE SEPARATELY BY A MAJORITY VOTE. OUR JOB

TODAY IS TO VOTE ON WHETHER TO CONFIRM HIM TO BE THE CHIEF

ENFORCEMENT COUNSEL POSITION TO FILL THE REMINDER OF A FIVE-YEAR TERM

CONCLUDING ON AUGUST 31, 2024.

MICHAEL JOHNSON SERVES AS THE DIRECTOR OF THE

DORMITORY AUTHORITY FOR THE STATE OF NEW YORK'S OFFICE OF DIVERSITY

AND INCLUSION, AND ITS AFFIRMATIVE ACTION OFFICER. PRIOR TO HIS CURRENT

POST, HE WAS ASSISTANT GENERAL COUNSEL AT DASNY. BEFORE HE WAS

COUNSEL -- BEFORE THAT, HE WAS COUNSEL TO THE ASSEMBLY WAYS AND

MEANS COMMITTEE FOR A DECADE, WORKING CLOSELY WITH FORMER

ASSEMBLYMAN DENNY FARRELL, CHAIR OF THE WAYS AND MEANS

COMMITTEE. MR. JOHNSON WAS THE ENFORCEMENT COUNSEL AT THE STATE

BOARD OF ELECTIONS PRIOR TO THAT, AND STARTED HIS LEGAL CAREER AS A

LEGISLATIVE COUNSEL FOR THE ASSEMBLY. HE GRADUATED FROM SETON HALL

UNIVERSITY WITH A BACHELOR OF ARTS IN PSYCHOLOGY, AND RECEIVED HIS

LAW DEGREE FROM RUTGERS UNIVERSITY SCHOOL OF LAW IN NEWARK, NEW

JERSEY.

AT THIS TIME, MR. SPEAKER, I ASK THAT THE ASSEMBLY

VOTE TO CONFIRM MICHAEL L. JOHNSON AS THE CHIEF ENFORCEMENT COUNSEL

TO THE NEW YORK STATE BOARD OF ELECTIONS TO FILL THE REMAINDER OF A

FIVE-YEAR TERM CONCLUDING ON AUGUST 31, 2024. THANK YOU.

ACTING SPEAKER VANEL: ON THE NOMINATION,

THE CLERK WILL RECORD THE VOTE. THIS IS A FAST ROLL CALL. ANY MEMBER

NYS ASSEMBLY JUNE 9, 2021

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 NOMINATION IS CONFIRMED.

(PAUSE)

MRS. PEOPLES-STOKES.

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

COULD NOW RETURN OUR ATTENTION BACK TO OUR DEBATE SCHEDULE, AND WE'RE

GOING TO BEGIN WITH RULES REPORT NO. 539, IT'S ASSEMBLY BILL NO.

2619 BY MR. BARRON; FOLLOWED BY RULES REPORT NO. 261, ASSEMBLY

BILL NO. 7541, THAT ONE'S BY MR. OTIS; FOLLOWED BY NO. 267, ASSEMBLY

BILL NO. 7595, THAT ONE IS ALSO BY MR. OTIS. AND THEN, MR. SPEAKER, IF

WE COULD TAKE UP NO. 273, IT'S ASSEMBLY BILL NO. 7696, THAT ONE IS BY

MRS. BARRETT; FOLLOWED BY NO. 278, ASSEMBLY BILL NO. 7726, THAT ONE

IS BY MS. ROSENTHAL. AND THEN FOR THE TIME BEING, WE'RE GOING TO END,

MR. SPEAKER, WITH RULES REPORT NO. 295, ASSEMBLY BILL NO. 1921, AND

THAT ONE IS BY MS. PAULIN. IN THAT ORDER, MR. SPEAKER, THANK YOU.

ACTING SPEAKER VANEL: PAGE 22, RULES

REPORT NO. 539, THE CLERK WILL READ.

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,

NYS ASSEMBLY JUNE 9, 2021

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

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

O'DONNELL, ZINERMAN, JACKSON, FORREST, BURGOS, ANDERSON. 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 VANEL: MR. BARRON ON THE

BILL.

MR. BARRON: THANK YOU VERY MUCH, MR. SPEAKER.

THIS IS INDEED A MOST MEMORABLE AND HONORABLE MOMENT FOR OUR

COMMUNITY, PARTICULARLY THOSE PEOPLE OF AFRICAN ANCESTRY WHO HAVE

SUFFERED SO MUCH IN THIS COUNTRY, SO I AM HONORED TODAY TO SAY THAT

WE'RE GOING TO BE TALKING ABOUT REPARATIONS NOW. THEY STOLE US, THEY

SOLD US, THEY WORKED US, THEY OWE US. OUR PEOPLE HAVE BEEN INJURED,

COMPENSATION IS DUE.

I WANT TO THANK SPEAKER CARL HEASTIE FOR THIS DAY, FOR

USHERING AND GUIDING US THROUGH THIS PROCESS TO SEE TO IT THAT WE HAVE

THIS MOMENT. I ALSO WANT TO THANK THE WAYS AND MEANS COMMITTEE FOR

VOTING IT OUT OF COMMITTEE AND THE STAFF, PARTICULARLY BLAKE

NYS ASSEMBLY JUNE 9, 2021

WASHINGTON, FOR GOING THROUGH WHAT WE NEEDED TO GO THROUGH TO MAKE

IT AMENABLE FOR EVERYBODY THAT'S INVOLVED AND CONCERNED. I WANT TO

GIVE SPECIAL THANKS TO ALSO THE BLACK -- BLACK, PUERTO RICAN AND

HISPANIC AND ASIAN CAUCUS FOR SUPPORTING US OVER THE YEARS WITH THIS

BILL, AND FOR THE GOVERNMENT OPERATIONS COMMITTEE, THREE TIMES IT

CAME OUT OF THE COMMITTEE AND I WANT TO BE THANKFUL TO THE SPIRIT OF

DENNY FARRELL -- FARRELL, WHO WAS THE HEAD OF THE WAYS AND MEANS

COMMITTEE WHO SUPPORTED IT WAY BACK THEN. I ESPECIALLY WANT TO

THANK MY STAFF, MY CHIEF-OF-STAFF, VIOLA PLUMMER, AND I WANT TO THANK

MY DIRECTOR UP HERE IN ALBANY, VALERIA WHITE, FOR ALL OF THE TECHNICAL

ASSISTANCE AROUND THIS BILL, FOR JUAN BRAVO IN EAST NEW YORK WHO

FOUGHT FOR THIS DAY TO COME, AND FOR MELVIN FAULKNER, MAY HE REST IN

PEACE, WHO MADE HIS TRANSITION; MELVIN IS SMILING ON US ON THIS DAY.

THIS BILL IS A CRITICALLY IMPORTANT BILL THAT'S GOING TO BE

PASSED TODAY IN THE ASSEMBLY, AND THIS BILL CALLS FOR THE SETTING UP OF A

COMMUNITY COMMISSION ON REPARATIONS REMEDIES. AND FOR THIS, WE ARE

GRATEFUL. IT IS CALLING FOR THIS COMMISSION TO BE CHARGED WITH

DETERMINING THE AMOUNT, TO DETERMINE THE FORM, AND TO DETERMINE WHO

SHALL RECEIVE IT. FOR THAT, WE ARE GRATEFUL. AND WE SAY TO THE SENATE,

COME ON, GET ON BOARD. THIS IS A HISTORIC MOMENT, DO THE RIGHT THING.

AND TO THE GOVERNOR, DO THE RIGHT THING.

BUT THIS DAY IS FOR, MOST IMPORTANTLY, OUR ANCESTORS

WHO WERE STOLEN FROM AFRICA AND MANY DIED DURING THE INLAND BATTLE

WHO DIDN'T WANT TO BE ENSLAVED. MANY DIED IN THE SLAVE DUNGEONS

BEFORE THE SLAVE SHIPS CAME, AND MILLIONS DIED DURING THE MIDDLE

NYS ASSEMBLY JUNE 9, 2021

PASSAGE. SOME OF OUR ANCESTORS HAD THEIR CHILDREN IN THEIR ARMS AND

SAID BEFORE I BE A SLAVE, I BE BURIED IN MY GRAVE, AND THEY JUMPED

OVERBOARD. AND MANY OF THE BONES OF OUR ANCESTORS ARE IN THE ATLANTIC

OCEAN ON THE FLOOR OF THE ATLANTIC OCEAN. AND THEN AFTER WE GOT HERE,

MILLIONS OF US DIED ON THE PLANTATIONS IN BRAZIL, ON THE PLANTATIONS IN

THE WEST INDIES, THE CARIBBEAN, AND ON THE PLANTATIONS HERE IN

AMERICA. MILLIONS DIED AS THEY BUILT THE FOUNDATION OF THIS CAPITALIST

SYSTEM BY UNCOMPENSATED LABOR CALLED SLAVERY. THIS DAY IS FOR YOU.

THIS DAY IS FOR ALL OF THOSE WHO FOUGHT, RESISTED THIS, 1526, AT THE PEE

DEE RIVER IN SOUTH CAROLINA. THE FIRST ENSLAVED AFRICANS WERE

BROUGHT FROM THE ISLAND OF HISPANIOLA BY THE SPANIARDS, 120 AFRICANS,

AND GUEST WHAT? THEY UNITED WITH THE INDIGENOUS PEOPLE, SO-CALLED

INDIANS, AND THEY FOUGHT TOGETHER TO DESTABILIZE THAT COLONY, THE FIRST

COLONY, THE FIRST SUCCESSFUL RESISTANCE, THEY WON AND THE INDIGENOUS

PEOPLE WHO THIS LAND WAS STOLEN FROM JOINED WITH THE AFRICAN PEOPLE

AND LIVED IN PEACE AND HARMONY. THIS DAY IS FOR YOU.

THIS DAY IS FOR GASPAR YANGA IN 1609 IN VERACRUZ,

MEXICO, ROSE UP, A DIGNIFIED AFRICAN SAID, I WILL NO LONGER BE ENSLAVED

AND HE WON AND WENT UP IN THE MOUNTAINS TO BE FREE. THIS DAY IS FOR

NANNY OF THE MAROONS IN JAMAICA WHO SET THE EXAMPLE, THEIR HARRIET

TUBMAN, NANNY OF THE MAROONS WENT TO THE BLUE MOUNTAINS NOT TO BE

CONQUERED, AND HER BROTHER, CUDJOE, WORKED -- THIS DAY IS FOR THOSE

AFRICANS IN 1712 RIGHT HERE IN NEW YORK CITY, RIGHT HERE IN NEW YORK

CITY. IN 1712, AFRICAN PEOPLE ROSE UP, 1796 RIGHT HERE IN NEW YORK,

THEY ROSE UP AGAIN, AND AGAIN, AND AGAIN, UNTIL NEW YORK ABOLISHED

NYS ASSEMBLY JUNE 9, 2021

SLAVERY IN 1827. BUT NOT BEFORE DAMAGE WAS DONE AND RIGHT UP HERE IN

ALBANY, RENSSELAER, ONE OF THE BIGGEST SLAVE-HOLDING FAMILIES EVERY

TIME I GET OFF THAT STOP, RENSSELAER, THAT'S A SLAVE-HOLDING FAMILY. WE

BUILT THE FOUNDATION OF NEW YORK CITY. THERE WERE REBELLIONS IN THE

SOUTH, THE STONO REBELLION, THE RISING UP OF AFRICAN PEOPLE IN THE

SOUTH RIGHT AFTER THE HAITIAN REVOLUTION, AND THE REASON WE LEARNED SO

MUCH FROM IN 1804, IN 1811 THEY ROSE UP IN LOUISIANA TRYING TO MAKE

NEW ORLEANS A BLACK STATE JUST LIKE HAITI.

WE HAVE THIS DAY FOR NAT TURNER, FOR HARRIET TUBMAN,

FOR DENMARK VESEY, FROM GABRIEL PROSSER, AND FOR CALLIE HOUSE.

MANY OF YOU DON'T KNOW IN 1898, CALLIE HOUSE, A STRONG, BLACK

WOMAN SAID, IF YOU DON'T PAY ME MY SALARY FOR SLAVERY, AT LEAST PAY ME

A PENSION, AND SHE STARTED THE EX-SLAVE PENSION MOVEMENT AS SHE

CALLED IT. THIS DAY, WE HONOR QUEEN MOTHER AUDLEY MOORE. IN 1963,

EVERY TIME I MET QUEEN MOTHER, I WAS HONORED TO HAVE MET HER IN

HARLEM, SHE SAID, PAY ME MY REPARATIONS. PAY ME MY REPARATIONS.

SHE GOT A MILLION SIGNATURES ON A PETITION IN 1963, GAVE IT TO PRESIDENT,

THEN, JOHN F. KENNEDY. THIS DAY IS FOR REVEREND MARTIN LUTHER KING

AND MINISTER MALCOLM X WHO FOUGHT FOR REPARATIONS. THIS DAY IS FOR

JOHN CONYERS WHOSE BILL RIGHT NOW, H.R. 40, REST IN PEACE JOHN; H.R.

40 IS IN THE CONGRESS NOW BEING DEBATED. THIS DAY IS FOR FANNIE LOU

HAMER WHO FOUGHT FOR REPARATIONS. AND THIS DAY IS FOR MARCUS GARVEY

WHO CAME FROM JAMAICA AND SAID, UP, YOU MIGHTY RACE, YOU CAN

ACCOMPLISH WHAT YOU WILL. AFRICA FOR THE AFRICANS, THOSE AT HOME AND

THOSE ABROAD, HE WAS A SHINING EXAMPLE FOR US. THIS DAY IS FOR YOU,

NYS ASSEMBLY JUNE 9, 2021

MARCUS GARVEY. THIS DAY IS FOR THE BLACK PANTHER PARTY WHO FOUGHT

HARD FOR REPARATIONS AND JUSTICE AND LIBERATION. THIS DAY IS FOR OMALI

YESHITELA AND THE AFRICAN PEOPLE'S SOCIALIST PARTY WHO CAME TO

BROOKLYN, NEW YORK IN 1982 AND ROSE UP A PEOPLE AND SAID, THIS IS

HOW MUCH YOU OWE US AND HAD A HEARING THAT LAID OUT WHAT WE OWED

FROM REPARATIONS. THIS DAY IS FOR N'COBRA, THE NATIONAL COALITION OF

BLACKS FOR REPARATION IN AMERICA WHO IS A PART OF THIS BILL. THIS DAY IS

FOR THE DECEMBER 12TH MOVEMENT, VIOLA PLUMMER AND THE DECEMBER

12TH MOVEMENT WAS A PART OF THIS BILL. THIS DAY IS FOR DR. RON DANIELS

AND THE INSTITUTE OF BLACK WORLD, ALL WHO ARE A PART OF THIS BILL AND THIS

MOVEMENT, THIS DAY IS FOR YOU.

SO AS WE HONOR ALL OF YOU ON THIS DAY AND AS I GO BACK

TO MY BELOVED EAST NEW YORK AND I SEE AN AFRICAN BURIAL GROUND IN

EAST NEW YORK, AND MY BELOVED EAST NEW YORK AND WE MADE THEM

STOP THE EXCAVATION AND RESERVE THE SPOT SO WE CAN HAVE A MEMORIAL

FOR THE AFRICANS WHO BUILT EAST NEW YORK, BUILT BROOKLYN. AFRICAN

PEOPLE, ONLY TO BE BURIED IN THEIR GRAVES AND TREATED WITH THE MOST EVIL,

INHUMANE CRUELTY THAT THE HUMAN MIND COULD CONJURE UP. THIS DAY IS

FOR YOU. THIS IS A DAY FOR THE AFRICAN BURIAL GROUND DOWN ON THE

LOWER EAST -- LOWER MANHATTAN WHERE WE WORKED HARD TO GET THOSE

REMAINS PRESERVED, AND THEY BUILT NEW YORK CITY. WE BUILT NEW YORK

CITY. WE BUILT NEW YORK STATE. WE BUILT THE -- WHEN IT WAS

AGRICULTURE, WE TAUGHT THE ENGLISH AND WE TAUGHT THE DUTCH HOW TO

AGRICULT THEIR LAND, THE INDIAN'S LAND THAT THEY STOLE. WE DID THAT. THEY

WERE FUR TRADERS. WE BUILT THE AGRICULTURAL ECONOMY OF NEW YORK.

NYS ASSEMBLY JUNE 9, 2021

NEW YORK WAS THE SECOND LARGEST SLAVE-HOLDING CITY IN THE NATION, ONLY

SECOND TO SOUTH CAROLINA; CHARLESTON, SOUTH CAROLINA. NEW YORK,

YOUR NEW YORK AND MY BELOVED EAST NEW YORK, VAN SICLEN AVENUE,

SCHENCK AVENUE, SLAVE HOLDERS. NAMED AFTER SLAVE HOLDERS, ISN'T THAT

AN INSULT? THIS DAY IS FOR YOU, MY PEOPLE.

SO ON THIS DAY AS I APPLAUD THIS ASSEMBLY FOR PASSING

THE FIRST AND ONLY REPARATIONS BILL THAT FOCUSES ON A COMMUNITY

COMMISSION FOR REMEDIES, CALIFORNIA PASSED ONE BUT IT'S MORE STATE

HEAVY AND THEY'RE FIGHTING TO PASS ONE IN THE CONGRESS, H.R. 40. BUT

ON THIS DAY, I WANT TO THANK YOU, MY COLLEAGUES, FOR UNITING WITH US AS

A PEOPLE TO SAY THAT OUR PEOPLE HAVE BEEN STOLEN, OUR PEOPLE HAVE BEEN

WORKED, OUR PEOPLE HAVE BEEN SOLD, OUR PEOPLE HAVE BEEN INJURED AND

COMPENSATION IS DUE. REPARATIONS NOW. I THANK YOU, AND I CERTAINLY

WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER VANEL: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER VANEL: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 2619-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS REPARATIONS COMMISSION, BUT

THOSE WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO

NYS ASSEMBLY JUNE 9, 2021

WE CAN RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER VANEL: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN SUPPORT

OF THIS SORT OF RESEARCH AND -- HOWEVER, THERE MAY BE SOME COLLEAGUES

WHO WOULD DESIRE TO BE AN EXCEPTION, THEY SHOULD FEEL FREE TO CONTACT

THE MAJORITY LEADER'S OFFICE AND WE WILL MAKE SURE THAT THEIR VOTE IS

PROPERLY RECORDED. AGAIN, THE MAJORITY IS GOING TO BE IN THE

AFFIRMATIVE ON THIS ONE. THANK YOU, MR. SPEAKER.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER VANEL: MS. JACKSON TO

EXPLAIN HER VOTE.

MS. JACKSON: THANK YOU, MR. SPEAKER. I WOULD

LOVE TO THANK THE SPONSOR OF THIS BILL. I'M A PROUD, PROUD SPONSOR OF

THIS BILL. I NEVER THOUGHT THIS DAY WOULD COME AND I HAVE SAID THIS SO

MANY TIMES THIS SESSION, SO I'M GRATEFUL FOR OUR SPEAKER FOR ALLOWING

SUCH GREAT LEGISLATION TO HIT THE FLOOR. AS A FRESH -- AS A FRESHMAN, I'VE

WITNESSED SO MANY HISTORICAL BILLS THIS YEAR BE SIGNED INTO LAW AND I

JUST WANT US TO REMEMBER THAT IT WASN'T UNTIL MARCH 31, 1817 THAT THE

NEW YORK LEGISLATURE ENDED SLAVERY WITHIN THE BORDERS, SETTING JULY 4,

1827 AS THE DATE OF FINAL EMANCIPATION AND MAKING NEW YORK THE FIRST

STATE TO PASS A LAW FOR THE TOTAL ABOLITION OF LEGAL SLAVERY. AND WE

WATCHED THIS COUNTRY GIVE REPARATIONS TO A NUMBER OF GROUPS, A NUMBER

OF GROUPS, BUT WE ARE STILL FIGHTING HARD FOR WHAT WE KNOW IS OWED TO

NYS ASSEMBLY JUNE 9, 2021

US. AND THIS BILL WILL HELP US DECIDE FINANCIALLY WHAT THIS STATE OWES

US AND WHO IS INCLUDED IN THE US.

SO AS I -- I -- AS I EXPLAIN MY VOTE, I JUST WANT TO SAY

THANK YOU AGAIN TO OUR SPEAKER, THANK YOU AGAIN TO THE SPONSOR, AND

I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER VANEL: MS. JACKSON IN THE

AFFIRMATIVE.

MR. KIM TO EXPLAIN HIS VOTE.

MR. KIM: THANK YOU, MR. SPEAKER. I, TOO, WANT TO

ACKNOWLEDGE THE -- THE SPONSOR AND HIS HARD WORK ON THIS PIECE OF

LEGISLATION -- THIS PIECE OF LEGISLATION, AS I ALSO ACKNOWLEDGE THAT THIS

MIGHT BE ONE OF HIS LAST BILLS, POSSIBLY THE LAST BILL THAT HE WOULD BE

PUTTING FORWARD AS HE MAY BE GOING BACK TO THE -- TO SERVE THE CITY OF

NEW YORK AFTER THIS, AFTER MANY YEARS OF SERVICE IN ALBANY. SO TO THE

SPONSOR, THANK YOU FOR ALL THAT YOU'VE DONE, ALL THE -- THE SPEECHES AND

EDUCATION THAT YOU PROVIDED FOR SO MANY OF US AND MY -- OUR

COLLEAGUES IN THIS CHAMBER. AND I DO WANT TO ALSO ACKNOWLEDGE OUR

PREVIOUS SPEAKER IN -- IN -- IN, YOU KNOW, RECOGNIZING THAT OTHER RACIAL

GROUPS SUCH AS JAPANESE-AMERICANS HAVE RECEIVED REPARATIONS FOR THE

INJUSTICE THAT THEY SUFFERED IN THIS COUNTRY. SO I ALSO FULLY SUPPORT THIS

COMMISSION AND OUR ABILITY TO PROVIDE REPARATION FOR THE

AFRICAN-AMERICAN COMMUNITY. AGAIN, THANK YOU TO THE SPONSOR AND

WE WILL HOPE TO SEE YOU SOON.

ACTING SPEAKER VANEL: MR. KIM IN THE

AFFIRMATIVE.

NYS ASSEMBLY JUNE 9, 2021

MS. ZINERMAN TO EXPLAIN HER VOTE.

MS. ZINERMAN: I, TOO, WANT TO THANK THE SPONSOR

FOR HIS STEADFAST SUPPORT OF REPARATIONS FOR AFRICAN-DESCENDED PEOPLE.

I WANT TO COMMEND THE SPEAKER AND ALL OF THE COSPONSORS OF THIS

LEGISLATION. AS WE ALL KNOW, BLACK AFRICAN-AMERICANS HAVE NEVER

RECEIVED THE FULL RESPECT AND HONOR DESERVED FOR THE GREAT GIFTS THEIR

ENSLAVED ANCESTORS PROVIDED AMERICA DURING THEIR 246 YEARS OF FREE

FORCE LABOR, WHICH WE CALL SLAVERY, NOR HAS THE BACK-BREAKING LABOR,

SCIENTIFIC APPLICATION AND AGRICULTURAL KNOWLEDGE OF THEIR DESCENDANTS

BEEN FULLY APPRECIATED. THE ENSLAVED AND UNPAID LABOR TRANSFORMED

OUR YOUNG NATION INTO A NUMBER ONE WORLD FINANCIAL POWER. AND AS

WAS STATED, THE UNITED STATES GOVERNMENT AND VARIOUS STATES HAVE SEEN

FIT TO TAKE REPARATIVE STEPS FOR WOUNDS CAUSED TO OTHERS AND HAVE

AWARDED HUGE SUMS OF MONEY, $20,000 TO JAPANESE-AMERICANS, $32

MILLION TO THE OTTAWA TRIBES OF MICHIGAN, AND OTHERS.

SO TODAY AND ALL OVER THE YEARS OF THE MULTI-MILLIONS

IN ASSISTANCE AND LOANS HAS BEEN PROVIDED TO VARIOUS NATIONS

THROUGHOUT THE WORLD, WE RECOGNIZE THAT NOW IT IS TIME TO ENSURE THAT

THOSE WHO HAVE WORKED TO CREATE THIS COUNTRY ARE ALSO COMPENSATED.

AND SO THIS TODAY IS A STEP IN THE RIGHT DIRECTION, AND IT IS DIFFICULT TO

ME, AS I THINK ABOUT THE OPPOSITION, TO BELIEVE THAT ANY CARING

AMERICAN WOULD HAVE RELUCTANCE WITH THE IDEA OF ISSUING AN APOLOGY

AND ISSUING SUPPORT FOR SOMETHING THAT WE ALL KNOW TO BE A HORRIFIC

PERIOD IN OUR COUNTRY'S HISTORY. SO AGAIN, I WANT TO THANK CHARLES

BARRON AND I WANT THANK --

NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER VANEL: MS. ZINERMAN, HOW

DO YOU VOTE?

MS. ZINERMAN: -- AND I PROUDLY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER VANEL: MS. ZINERMAN IN THE

AFFIRMATIVE.

MS. WALKER TO EXPLAIN HER VOTE.

MS. WALKER: THANK YOU, MR. -- THANK YOU, MR.

SPEAKER. IT IS A PROUD MOMENT TODAY, IT WAS A HISTORY-MAKING MOMENT

TO STAND HERE IN THE ASSEMBLY JUST, QUITE FRANKLY, BEING HERE AS A LITTLE

BLACK GIRL WHO IS A DESCENDANT OF CAM MCMILLAN WHO WAS BROUGHT TO

THIS COUNTRY AS A SLAVE, AND NOT IN HIS WILDEST DREAM -- AND I BELIEVE SO

MANY OF US ARE AS WELL. AND SO I WANT TO COMMEND MR. BARRON FOR

PUSHING THIS BILL PRETTY MUCH SINCE HE'S BEEN A MEMBER OF THE

ASSEMBLY AND GETTING IT TO THE FLOOR FOR A VOTE TODAY. WE SAW IN THE

1619 PROJECT THAT WAS DONE BY THE NEW YORK TIMES AND NIKOLE

HANNAH -- I FORGET HER LAST NAME, BUT I KNOW HER NAME'S NIKOLE, SHE

INTRODUCES THIS CONCEPT OF CRITICAL RACE THEORY WHICH TALKS ABOUT THE

FACT THAT THERE'S SOMETHING CALLED INSTITUTIONAL RACISM THAT HAS BEEN THE

KNEE ON OUR NECK SINCE 1619, AND IT IS ABOUT TIME THAT AMERICA

ACKNOWLEDGES THAT THINGS DON'T HAVE TO NECESSARILY BE EQUAL, AS WELL

LONG AS THEY ARE EQUITABLE. SOME PEOPLE IN THIS SOCIETY MAY NOT

NECESSARILY NEED TO BE GIVEN THE SAME THING AT THE SAME TIME FOR ALL

REASONS, BUT WE HAVE TO MEET INDIVIDUALS WHERE THEY ARE. THIS IS ABOUT

LIBERATION, THIS IS ABOUT PROSPERITY AND, QUITE FRANKLY, MOST OF WHAT WE

NYS ASSEMBLY JUNE 9, 2021

DO HERE IN THE NEW YORK STATE ASSEMBLY, AS A MEMBER OF THE BLACK,

PUERTO RICAN, HISPANIC AND ASIAN LEGISLATIVE CAUCUS IS ABOUT

REPARATIONS.

AND SO JUST AS REVEREND DR. MARTIN LUTHER KING SAID

THAT HE WENT TO WASHINGTON, D.C. TO CASH A CHECK, I BELIEVE THAT TODAY

IN PASSING THIS BILL, WE ARE SAYING THE SAME THING TO AMERICA, TO PAY US

WHAT YOU OWE US. THANK YOU. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER VANEL: MS. WALKER IN THE

AFFIRMATIVE.

MS. SOLAGES TO EXPLAIN HER VOTE.

MS. SOLAGES: THANK YOU, MR. SPEAKER. I'D LIKE TO

FIRST THANK THE SPEAKER FOR ALLOWING US TO PUT THIS BILL ON THE FLOOR AND

ALSO TO THE SPONSOR WHO HAVE WORKED VERY DILIGENTLY TO ENSURE THAT A

COMMUNITY COMMISSION, A COMMISSION OF PEOPLE, CITIZENS, ARE REALLY

HAVING THIS CONVERSATION. AND ON BEHALF OF THE BLACK, HISPANIC,

PUERTO RICAN AND ASIAN CAUCUS, WE THANK ALL THE MEMBERSHIPS FOR

PUSHING THIS LEGISLATION THAT'S ONE COMPONENT OF THE BLACK AGENDA, TO

ENSURE THAT WE, AS A COMMUNITY, ARE GIVEN AND -- AND BEING MADE

WHOLE. AND I ALSO WANT TO TAKE THE TIME TO THANK THE SPONSOR OF THIS

BILL, MY SEATMATE, CHARLES BARRON. I HAVE TO SAY AT FIRST, I DIDN'T WANT

TO SIT NEXT TO CHARLES BARRON. I TOLD THE PRIOR ADMINISTRATOR, PLEASE DO

NOT PUT ME NEXT TO THE SPONSOR OF THIS BILL AND LO AND BEHOLD, HE SAT

NEXT TO ME, BUT IT HAS BEEN A WONDERFUL TIME SITTING NEXT TO HIM. HE

HAS ENCOURAGED ME, AS I HAVE ENCOURAGED HIM, AND HE REALLY -- I

WOULDN'T BE WHO I AM TODAY IF IT WASN'T FOR HIM BECAUSE HE HAS GIVEN

NYS ASSEMBLY JUNE 9, 2021

ME A LOT OF STRENGTH THROUGH THE PROCESS. SO CHARLES, YOU WILL BE

MISSED. I THANK YOU FOR ALWAYS PUSHING THIS BILL AND HOPEFULLY, THE

SENATE WILL TAKE CHARGE AND -- AND PASS THIS LEGISLATION THIS LEGISLATIVE

SESSION BECAUSE WE NEED TO MAKE HISTORY, WE NEED TO CORRECT THE

WRONGS THAT HAVE BEEN HAPPENING SYSTEMATICALLY FOR SO MANY YEARS,

AND WE NEED TO MAKE SURE THAT THE BLACK COMMUNITY IS MADE WHOLE.

SO THANK YOU, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER VANEL: MS. SOLAGES IN THE

AFFIRMATIVE.

MS. DARLING TO EXPLAIN HER VOTE.

MS. DARLING: I AM SO ELATED TO SPEAK TODAY.

EXCUSE ME GUYS, I'M HAVING LIKE TECHNICAL DIFFICULTIES. I'M SO ELATED TO

SPEAK TODAY ON THIS BILL. I AM SO PROUD OF THE SPONSOR OF THIS BILL. I AM

PROUD TO BE A SPONSOR OF THIS BILL BECAUSE WE LIVE IN A STATE CURRENTLY

WHERE PEOPLE DO NOT BELIEVE THAT THERE WERE SLAVES IN NEW YORK STATE.

I'VE LITERALLY HAD HISTORIANS QUESTION THAT VERY, VERY TOPIC. SO WE KNOW

THAT WE NEED THAT AWARENESS. WE ARE IN THIS GREAT STATE, WE ARE IN THE

EMPIRE, AND THE FACT THAT WE'RE FINALLY GOING TO BE ABLE TO APPRECIATE

AND RECOGNIZE OR FIND A WAY TO APPRECIATE AND RECOGNIZE THE MEN AND

WOMEN WHO HAVE RISKED THEIR LIVES, OUR LEGACIES, THE DEHUMANIZATION

THAT WE'VE EXPERIENCED. I AM JUST, I CAN BARELY SPEAK RIGHT NOW I'M

JUST SO ELATED. ASSEMBLYMEMBER BARRON, I AM REALLY, REALLY PROUD OF

YOU AND I'M SO HAPPY TO BE ABLE TO VOTE IN THE AFFIRMATIVE TODAY TO BE

ABLE TO SAY THAT WE CAN TAKE THE TIME TO FIGURE IT OUT. WE ARE OWED AT

LEAST THAT. NO MORE EXCUSES, LET'S FIGURE THIS OUT AND LET'S FIGURE OUT

NYS ASSEMBLY JUNE 9, 2021

HOW WE CAN RIGHT SOME WRONGS. THANK YOU AND I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. DARLING IN THE

AFFIRMATIVE.

MR. GOTTFRIED.

MR. GOTTFRIED: THANK YOU, MR. SPEAKER.

ORIGINALLY, I WOULDN'T HAVE PLANNED ON TALKING ON THIS -- ON THIS BILL

EXCEPT IF -- IF THIS IS BECOMING AN OPPORTUNITY TO TALK ABOUT OUR

COLLEAGUE, CHARLES BARRON, AND THIS POSSIBLY BEING HIS LAST BILL ON THE

FLOOR IF HE'S ELECTED TO THE CITY COUNCIL. AND I GUESS I WISH HIM WELL

IN THAT RACE, BUT -- IF THAT'S WHAT HE WANTS TO DO, BUT I'M REALLY --

CHARLES, I'M REALLY GOING TO MISS YOU HERE. IN THE YEARS THAT YOU'VE

BEEN HERE, YOU HAVE BEEN, IN MY VIEW, ONE OF OUR MOST SERIOUS AND

THOUGHTFUL MEMBERS, AND HAVING YOU AS A COLLEAGUE HAS JUST BEEN A

DELIGHT. AND AS I SAID, I GUESS I WISH YOU WELL IF RUNNING FOR THE CITY

COUNCIL IS WHAT YOU INSIST ON DOING, BUT I'M GOING TO MISS YOU. THANK

YOU.

ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE

AFFIRMATIVE.

MS. SIMON.

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

MY VOTE. I FIRST WANT TO SAY THAT I'M A PROUD COSPONSOR OF THIS BILL. I'M

VERY PLEASED THAT WE ARE ACTUALLY TAKING THIS VERY, VERY IMPORTANT STEP,

AND I WANT TO COMMEND THE SPONSOR FOR HIS VISION AND HIS DEDICATION TO

THIS EFFORT AND TO GETTING A BILL THAT IS -- WE COULD BRING TO THE FLOOR AND

NYS ASSEMBLY JUNE 9, 2021

VOTE ON TODAY. SO I'M -- WILL BE VOTING IN THE AFFIRMATIVE AND I ALSO

WANT TO SAY THAT I HAVE VERY MUCH ENJOYED WORKING WITH MR. BARRON

THROUGHOUT HIS TENURE IN THE ASSEMBLY AND I LOOK FORWARD TO SEEING

HIM IN BROOKLYN. THANK YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. AS FOLKS CAN SEE AND

PROBABLY KNOW FROM MY EXPERIENCE IN THIS COUNTRY THAT I AM ACTUALLY A

DESCENDANT OF THE PEOPLE WHO MADE IT THROUGH THE MIDDLE PASSAGE,

AND THEIR STRUGGLE HAS HELPED TO GROW AND BUILD AN AMERICA THAT I AM

VERY, VERY PROUD OF. AND SO I HAVE NO FEAR ABOUT DOING AN IN-DEPTH

STUDY TO DETERMINE EXACTLY HOW WE WERE ABLE TO CREATE THIS HISTORY OF

THE GREATEST COUNTRY IN THE WORLD. AND IF, IN FACT, THERE ARE REPARATIONS

THAT ARE DUE, HOW WE FIND ACCESS TO GET THAT DONE. SO YES, I AM VERY

PROUD OF MR. BARRON, AS WELL. I'M PROUD OF HIS LEADERSHIP ON THIS

ISSUE, AND I THINK THAT BY TAKING THIS STEP TODAY WE ARE MOVING NOT JUST

NEW YORK STATE FORWARD, WE ARE MOVING THE UNITED STATES OF AMERICA

FORWARD ON AN ISSUE THAT IS LONG OVERDUE. WITH THAT, I REMOVE MY

REQUEST AND VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MR. GOODELL.

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

NYS ASSEMBLY JUNE 9, 2021

COLLEAGUE, MR. MORINELLO, IN THE AFFIRMATIVE ON THIS BILL. 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 9, RULES REPORT NO. 261, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07541, RULES REPORT

NO. 261, OTIS, ABINANTI, BURDICK, GALEF, PAULIN, ROZIC, SAYEGH,

SEAWRIGHT, THIELE, ZEBROWSKI, SIMON. AN ACT TO AMEND THE PUBLIC

SERVICE LAW, IN RELATION TO THE CONTENTS OF EMERGENCY RESPONSE PLANS

REQUIRED TO BE SUBMITTED TO THE PUBLIC SERVICE COMMISSION BY ELECTRIC

CORPORATIONS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. OTIS.

MR. OTIS: THANK YOU, MR. SPEAKER. THIS

LEGISLATION AMENDS THE SECTION IN THE PUBLIC SERVICE LAW THAT RELATES TO

EMERGENCY RESPONSE PLANS FOR ELECTRIC UTILITIES. THAT SECTION OF LAW

ALREADY PROVIDES THAT UTILITIES ARE TO REASONABLY -- BE REASONABLY

PROMPT IN RESTORING ELECTRICAL SERVICE. WHAT THIS LEGISLATION DOES IS IT

BUILDS UPON THE EXPERIENCE OF HURRICANE SANDY, THE MORELAND

COMMISSION REPORT THAT CAME OUT AFTER THAT, STORMS REILLY AND QUINN

FROM 2018 WHERE THE PUBLIC SERVICE COMMISSION ISSUED SOME REPORTS

ABOUT POOR PERFORMANCE BY UTILITIES AROUND THE STATE, AND ALSO ACTIONS

TAKEN LAST YEAR AFTER STORMS WITH ISAIAS.

NYS ASSEMBLY JUNE 9, 2021

AND WHAT THIS BILL DOES IS THIS BILL CREATES IN THE

PLANNING PROCESS THE MISSING ELEMENT, WHICH IS A TIME RESTORATION

BENCHMARK THAT THE PUBLIC SERVICE COMMISSION WILL PROMULGATE SO

THAT IN ADDITION TO HAVING TO ARRANGE FOR STAFFING, MUTUAL AID, OUTSIDE

CONTRACTORS, EQUIPMENT, THAT ALL OF THAT ACTIVITY IS MORE TIED TO SOME

PERFORMANCE STANDARDS, A BENCHMARK FOR RESTORING SERVICE. AND

HAVING FOLLOWED STORMS IN OUR STATE FOR A FEW DECADES, THIS IS REALLY

THE NEXT STEP TOWARDS BUILDING ON WHAT WE'VE DONE AS A LEGISLATURE,

BUILDING ON WHAT THE PUBLIC SERVICE COMMISSION HAS DONE WITH SOME

OF THEIR ACTIONS, BUT REALLY SENDING A -- A MESSAGE TO UTILITIES THAT WE

WANT THE PLANNING PROCESS AND THE STAFFING AND RESOURCE PROCESS TO BE

TIED TOWARDS REAL GOALS OF RESTORING SERVICE. THE EXPERIENCE ON TOO

MANY STORMS OVER TOO MANY YEARS HAS BEEN EXTENSIVE DELAYS AND

PEOPLE, BUSINESSES, AND FAMILIES, OUT OF SERVICE FOR LONGER THAN MAY BE

NECESSARY.

I SHOULD ALSO NOTE THAT DURING THE COURSE OF THESE

YEARS, MANY UTILITIES HAVE UPPED THEIR GAME, UPPED THEIR STAFFING,

UPPED THEIR MOBILIZATION AND HAVE IMPROVED IN VARIOUS STORMS AND --

AND THE PUBLIC SERVICE COMMISSION HAS BEEN TRACKING THAT. BUT I SHARE

WITH YOU SOMETHING THAT I THINK IS OF BENEFIT TO EVERY PART OF THE STATE,

TO PUT A LITTLE MORE RIGOR INTO THIS PLANNING PROCESS BY THE LANGUAGE THAT

YOU SEE HERE. THIS KIND OF APPROACH IS USED IN OTHER STATES IN DIFFERENT

WAYS, AND PUTTING A LITTLE TIME PRESSURE AND SOME -- SOME METRICS TO

HELP ACHIEVE THAT I THINK IS GOING TO BE VERY HELPFUL. SO I LOOK FORWARD

TO BROAD SUPPORT FOR THIS PIECE OF LEGISLATION. THANK YOU.

NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER AUBRY: MR. PALMESANO.

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

WILL THE SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: SIR, WILL YOU YIELD?

MR. OTIS: I CERTAINLY WILL.

ACTING SPEAKER AUBRY: MR. OTIS YIELDS.

MR. PALMESANO: THANK YOU, MR. OTIS. I

UNDERSTAND THE INTENTIONS BEHIND THIS LEGISLATION. IT REALLY -- THIS

PARTICULAR -- THE LANGUAGE I WANT TO ZERO IN ON IS ISSUE OF TIME-BASED

RESTORATION TARGETS, IF I COULD. ISN'T IT TRUE THAT EACH EVENT THAT CAUSES A

WIDESPREAD OUTAGE IS REALLY UNIQUE AND DIFFERENT, AND THAT ESTABLISHING

SO-CALLED TIME-BASED TARGETS WOULD REALLY BE A GENERIC, ARBITRARY, AND

KIND OF AN EXACT RESULT?

MR. OTIS: ACTUALLY QUITE TO THE CONTRARY. THE

LANGUAGE OF THE BILL SPECIFICALLY SAYS AMONG BUT NOT -- NOT LIMITED TO

CONSIDERATIONS TO THE PUBLIC SERVICE COMMISSION WOULD USE IN

DEVELOPING THIS KIND OF METRIC SYSTEM IS CONSIDERATION OF DIFFERENT

KINDS OF STORMS. AND SO I WOULD JUST SAY AT THE OUTSET AND -- AND

CERTAINLY WE CAN ENGAGE IN THIS, BUT THE LEGISLATION IS CRAFTED TO GIVE THE

PUBLIC SERVICE COMMISSION THE DISCRETION TO PROVIDE A -- A SENSITIVE

AND FLEXIBLE SYSTEM TO PROVIDE TIME-BASED GOALS, BUT WITH THE

FLEXIBILITY THAT IS RESPONSIVE TO THE REALITIES OF DIFFERENT KINDS OF STORMS

AND RESPONSIVE TO CONCERNS OF -- OF ELECTRIC UTILITIES. BUT I'LL ALSO ADD

THAT THERE'S BEEN A LOT OF FRUSTRATION ON PARTS OF RESIDENTS AROUND THE

STATE WHERE UTILITIES AND, QUITE FRANKLY, THIS IS AN ISSUE ALL AROUND THE

NYS ASSEMBLY JUNE 9, 2021

COUNTRY, WHERE UTILITY HAVE GONE TO OVERLY RELY ON MUTUAL AID FROM

FARAWAY PLACES. AND SO THAT IF YOU HAVE A SITUATION WHERE THE REAL

STORM RESTORATION BEGINS THREE OR FOUR DAYS AFTER THE STORM HAS ENDED,

THAT'S NOT ACCEPTABLE. UTILITIES HAVE TO STRIKE A BALANCE BETWEEN THE

STAFF THAT THEY HAVE ON HAND, STAFF THAT THEY BRING IN THROUGH MORE

LOCALLY AVAILABLE OUTSIDE CONTRACTORS AND, YES, MUTUAL AID FROM FARTHER

AWAY PLACES, BUT IT CAN'T BE --

MR. PALMESANO: THANK YOU, MR. OTIS. I

APPRECIATE THAT, AND I GET WHAT YOU'RE SAYING, I JUST HAVE SOME

QUESTIONS BECAUSE I ONLY HAVE 15 MINUTES NOW, I DON'T WANT TO LOSE IT

ALL JUST LISTENING TO THE LONG ANSWER. SO RIGHT NOW THE PSC, THIS WOULD

BE -- THE PSC WOULD HAVE TO ESTABLISH THIS TARGET FOR EACH OUTAGE EVENT

FOR A STORM AS IT HAPPENS AND, AS WE KNOW, EACH EVENT IS DIFFERENT AS

WE WERE TALKING ABOUT. YOU COULD HAVE A SITUATION WHERE THERE'S A

STORM WHERE YOU HAVE HEAVY SNOWFALL IN ONE AREA OR FLOODING IN

ANOTHER AREA, TAKE INTO ACCOUNT THE NUMBER OF POLES AND LINES DOWN

WHICH ACTUALLY -- ABSOLUTELY IMPACTS THE -- AND DICTATES THE TIME

RESTORATION PROCESS. SO ALL THAT WOULD HAVE TO BE TAKEN INTO ACCOUNT

RIGHT AT THE BEGINNING OF THE STORM AND THE PSC IS GOING TO SET THESE

BENCHMARKS AND WORK WITH UTILITIES AT THAT POINT IN TIME WHEN THE

STORM HAPPENS, OR IS IT SUPPOSED TO BE IN PLACE AHEAD OF TIME?

MR. OTIS: I THINK THE SYSTEM OF METRICS WOULD BE

ESTABLISHED AHEAD OF TIME, AND THERE WOULD BE FLEXIBILITY IN TERMS OF IF

YOU HAVE A STORM FOR WHICH THERE IS A -- A MASSIVE AMOUNT OF OUTAGES

AND -- AND ESPECIALLY, YOU KNOW, DIFFERENTIATE TWO KINDS OF STORMS, A

NYS ASSEMBLY JUNE 9, 2021

STORM THAT HITS THE WHOLE NORTHEAST AND IT'S HARDER, EVERYONE IS

COMPETING FOR THE SAME MUTUAL AID FOLKS, AND A STORM THAT IS MAYBE

MORE -- MORE LOCAL. WE HAVE AN EXPECTATION THAT THEY'RE GOING TO

MOVE QUICKLY TO GET OUTSIDE RESOURCES AND LOCAL RESOURCES IN QUICKLY.

SO THE METRIC SYSTEM WOULD BE CREATED IN ADVANCE, NOT -- NOT AT THE

BEGINNING OF EACH STORM, BE CREATED IN ADVANCE FOR DIFFERENT KINDS OF

STORMS.

MR. PALMESANO: RIGHT, AND I CAN UNDERSTAND

THAT BECAUSE THEY HAVE THESE PLANS IN PLACE. I GUESS IT REALLY GOES BACK

TO THE TIME-BASED RESTORATION ASPECT OF IT. SO WILL THE BILL -- THIS BILL

REQUIRE TO ESTABLISH THE BENCHMARKS WITH EMERGENCY RESPONSE PLAN WILL

INVOLVE A PROCEEDING THAT TAKES INTO INCORPORATION CUSTOMERS AND --

AND THE UTILITIES WORKING WITH THE PSC TO PUT A PLAN TOGETHER, OR JUST

THE PSC PUTTING THIS PLAN TOGETHER?

MR. OTIS: WELL, THE PUBLIC SERVICE COMMISSION

CAN CREATE THESE KINDS OF PLANNED STRUCTURES ON THEIR OWN, THEY'VE DONE

THAT IN THE PAST, AND I SHOULD NOTE THAT THE EXISTING EMERGENCY

MANAGEMENT PLAN REQUIREMENT IN THE STATUTE HAS A TREMENDOUS AMOUNT

OF DETAIL THAT IS ALREADY REQUIRED, AND THIS IS REALLY SORT OF THE -- THE

MISSING LINK AND TO REALLY, WE WANT TO TELL THE UTILITIES THAT IT'S

IMPORTANT THAT THEY MOVE EXPEDITIOUSLY REALLY TO MEET THE LANGUAGE

THAT IS ALREADY IN THE STATUTE THE -- TO RESTORE POWER IN A REASONABLY

PROMPT TIME PERIOD.

MR. PALMESANO: SO IF A UTILITY FAILS TO MEET ONE

OF THESE GENERIC-BASED RESTORATION TARGETS THAT MAY OR MAY NOT BE

NYS ASSEMBLY JUNE 9, 2021

APPROPRIATE BASED ON THE OUTAGE LEVEL AND THE STORM, WOULD THEY BE

SUBJECT TO PENALTIES?

MR. OTIS: AS IT EXISTS NOW, THE PUBLIC SERVICE

COMMISSION HAS THE RIGHT TO IMPOSE PENALTIES AND THEY ALREADY IMPOSE

THOSE PENALTIES BASED UPON A JUDGMENT OF SOME OF THESE SAME FACTORS

OF WHAT'S REASONABLE, WHAT'S NOT, HOW WELL DID A UTILITY PERFORM. SO

THIS DOES NOT CHANGE THE PENALTY PROVISIONS IN ANY WAY, NOR DOES IT

REQUIRE THAT IF YOU DON'T MEET A METRIC, A SPECIFIC METRIC SET UP BY THE

PUBLIC SERVICE COMMISSION THAT WITHOUT ANY KIND OF ANALYSIS

AUTOMATICALLY THEY'RE GOING TO BE PENALIZED, IT WOULD BE A TOOL. AND

THE PUBLIC SERVICE COMMISSION WOULD BE LOOKING AT UNDER THE

CIRCUMSTANCES OF A SPECIFIC STORM, THE METRICS THAT WERE ESTABLISHED IN

ADVANCE, FINES WOULD BE BASED UPON WHAT IS REASONABLE AND FAIR, AS

THEY ARE NOW.

MR. PALMESANO: ALL RIGHT. AND THEN WE PASSED

LEGISLATION EARLIER IN THIS SESSION, I THINK IT'S BEING AMENDED AND KIND

OF JOINED WITH SOME OTHER LEGISLATION, THAT WOULD BASICALLY REQUIRE $25

PER DAY AFTER A CERTAIN PERIOD OF TIME WITH NO RESTORATION, AND $250 FOR

MEDICINE AND FOOD -- AND FOOD. WOULD THAT -- WILL THESE PENALTIES BE

IN ADDITION TO THAT, OR WOULD THIS BE SOMETHING THAT WAS LOOKED AT TO TRY

TO AVOID THOSE PENALTIES? HOW WOULD THAT WORK WITH THAT EXISTING

LEGISLATION? IT WOULD BE A PENALTY ABOVE AND BEYOND IF THE PSC

DETERMINES IT IF THEY DON'T MEET THESE SO-CALLED TIME-BASED

RESTORATIONS?

MR. OTIS: AS IT EXISTS NOW, THOSE -- THOSE PENALTIES

NYS ASSEMBLY JUNE 9, 2021

ARE SEPARATE, A SEPARATE MATTER IF YOU'RE TALKING ABOUT THE PENALTIES FOR

REIMBURSEMENT FOR SPOILED FOOD AND THOSE SORTS OF THINGS, I THINK THAT'S

THE LEGISLATION YOU'RE TALKING ABOUT; I'M A COSPONSOR OF THAT BILL. BUT

THIS LEGISLATION IS -- IS COMPLEMENTARY TO THAT, BUT WE'RE DEALING WITH

DIFFERENT ISSUES COMPLETELY. AND SO EVEN THAT OTHER BILL THAT YOU

DISCUSSED, THE EXISTING FINE STRUCTURE IN THE PUBLIC SERVICE LAW, THEY

BOTH WERE GOING TO EXIST AT THE SAME TIME WHETHER OR NOT THIS BILL

PASSES OR NOT.

MR. PALMESANO: YES, THANK YOU, MR. OTIS. SO

WHEN THE UTILITY COMPANIES, WHEN THEY SEEK TO RESTORE SERVICE AS SOON

AS POSSIBLE, AND I BELIEVE THAT THEY'RE COMMITTED, THOSE WORKERS ARE

DEDICATED AND COMMITTED WITH THOSE STORMS THAT HAPPENED. I

REMEMBER GOVERNOR CUOMO SAYING THE DAY AFTER A STORM, BASICALLY

ATTACKING THE COMPANY AND THOSE WORKERS. I REMEMBER TALKING TO A

UNION EMPLOYEE, IT REALLY DID DEMORALIZE THEIR MORALE. THEIR GOAL WAS

TO MAKE -- FIRST WORK AROUND THE CLOCK IN AN OFTEN STRESSFUL AND

DANGEROUS ENVIRONMENT TO MAKE THE SITUATION SAFE FOR THE PUBLIC AND

FOR THEMSELVES, OBVIOUSLY WHILE THEY'RE WORKING. ISN'T IT -- BY PUTTING

THESE TIME-BASED GENERIC REQUIREMENTS IN IT, IS THAT ALSO SENDING A

MESSAGE THAT MAYBE WE'RE NOT FOCUSED ON THE SAFETY ASPECT OF THE

RESTORATION AND JUST FOCUSING MORE ON THE TIME OF IT?

MR. OTIS: THANK YOU. ABSOLUTELY NOT, AND THE

EXISTING STATUTE HAS IN THE EMERGENCY MANAGEMENT PLAN A NUMBER OF

OTHER PROVISIONS THAT RELATE TO SAFETY, BUT THERE IS ABSOLUTELY NO

CRITICISM OF WORKERS IN THIS BILL. QUITE FRANKLY, WE HAVE TO MAKE SURE

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NYS ASSEMBLY JUNE 9, 2021

THAT UTILITIES PROVIDE ENOUGH STAFFING, WHETHER PERMANENT STAFFING,

AGAIN LOCAL, OUTSIDE CONTRACTORS OR MUTUAL AID FROM OTHER UTILITIES, WHAT

LEAVES WORKERS AT RISK IS IF UTILITIES HAVE NOT PREPARED ADEQUATELY

ENOUGH. AND I WILL ADD THAT AFTER THE 2018 STORMS, THE PUBLIC SERVICE

COMMISSION SPECIFICALLY ORDERED A NUMBER OF OUR UTILITIES TO ADD

STAFFING BACK TO STAFFING LEVELS OF 2008 TO BETTER RESPOND TO STORMS.

NYSEG, FOR INSTANCE, DID A VERY GOOD JOB OF --

MR. PALMESANO: THANK YOU.

MR. OTIS: -- RESPONDING AND THEY PERFORMED A LOT

BETTER IN 2020 THAN THEY DID IN 2018. I WANT TO COMPLIMENT THEM FOR

THEIR RESPONDING TO PUBLIC SERVICE COMMISSION DIRECTLY.

MR. PALMESANO: THANK YOU, MR. OTIS. SO IT IS

YOUR CONTENTION, THIS LEGISLATION WITH THE TIME-BASED RESTORATION TARGETS

WILL ALLOW AND TAKE INTO CONSIDERATION THE SEVERITY OF A STORM,

INDIVIDUAL STORM, WHETHER YOU'RE DEALING WITH A FLOODING AND POWER

OUTAGES OR FLOODING AND EQUIPMENT PROBLEMS AND GETTING -- BEING ABLE

TO GET EQUIPMENT THERE, REGIONAL IMPACT OR A WIDESPREAD IMPACT, ALL OF

THAT WILL BE TAKEN INTO CONSIDERATION AND LOOKING AT THE CLASSIFICATION

OF THE STORM AND DEALING WITH THIS PROCESS ON A CASE BY CASE BASIS, IS

THAT YOUR DETERMINATION IN WHAT YOU THINK THIS BILL DOES, BECAUSE I

DON'T READ IT THAT WAY.

MR. OTIS: WELL, THE ANSWER IS IT ABSOLUTELY DOES AND

THESE ARE THE TOOLS THAT THE PUBLIC SERVICE COMMISSION USES NOW WHEN

THEY MAKE THE KINDS OF POST-STORM JUDGMENTS AND ISSUE OF SANCTIONS.

THEY DON'T JUST DO IT AUTOMATICALLY AND THEY WON'T EVEN, WITH A

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NYS ASSEMBLY JUNE 9, 2021

TIME-BASED SYSTEM, THEY WILL JUDGE ALL THE FACTS AND CIRCUMSTANCES.

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

I APPRECIATE YOUR TIME AND YOUR PATIENCE.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: CERTAINLY, MR. SPEAKER, AND MY

COLLEAGUES, I APPRECIATE THE INTENTIONS OF THE SPONSOR. YOU KNOW, WE

HAVE SEEN A SERIES OF BILLS COME THROUGH THE COMMITTEE AND THE HOUSE

FOR THE STORMS LAST YEAR. WE HAD A 15-AND-A-HALF HOUR HEARING ON IT. I

PROBABLY -- MAYBE ONE OF THE BEST BILLS THAT WE'VE SEEN COME THROUGH

HERE WHICH IS GOING TO MAKE THE BIGGEST IMPACT IS BY OUR COLLEAGUE

FROM WESTCHESTER WHO -- ON STORM RESILIENCY AND (INAUDIBLE) -- I'M NOT

ALLOWED TO MENTION HER NAME, BUT I THINK THAT PLAN, THAT BILL WAS THE

RIGHT THING TO DO BECAUSE THAT'S IMPROVING OUR INFRASTRUCTURE, IT'S

MAKING IMPROVEMENTS TO OUR POLES, OUR LINES, OUR TRANSMISSION, OUR

TRANSFORMERS. AND I THINK THOSE TYPES OF ACTIONS AND ALONG WITH

DEALING WITH DANGER TREES AND THE VEGETATION AND WORKING ON MUTUAL

AID CREWS, THOSE ARE THE TYPES OF THINGS THAT HELP WITH THOSE STORMS.

I THINK THIS BILL, I BELIEVE IS WELL-INTENDED, I DON'T -- AT

THE END OF THE DAY, THIS BILL IS NOT GOING TO HELP US RESTORE POWER ANY

QUICKER. I THINK IT'S JUST REALLY ANOTHER WAY TO TRY TO CUT MORE FINES, IN

ADDITION TO THE FACT THAT WE PASSED LEGISLATION ALREADY THAT FOR EVERY

DAY OF AN OUTAGE, THERE SHOULD BE $25 FOR A CUSTOMER, WHICH IS GOING

TO BE A SIGNIFICANT COST, OR $250 FOR MEDICAL. I JUST THINK SETTING

GENERIC AND ARBITRARY INEXACT TIME-BASED RESTORATION SCHEDULE IS NOT

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NYS ASSEMBLY JUNE 9, 2021

REALLY THE APPROPRIATE WAY TO GO. I THINK IT'S NOT THE SAME FOR EVERY

STORM, EACH STORM IS DIFFERENT. THE DEGREE OF OUTAGE IS DIFFERENT. I

THINK, AGAIN, YOU CAN HAVE A SITUATION WHERE THERE'S SNOWFALL, REQUIRING

ADDITIONAL SNOW -- SNOW REMOVAL EQUIPMENT, OR FLOODING THAT TAKES OUT

ROADS AND NOT BEING ABLE TO GET TO A REGIONAL EVENT VERSUS A WIDESPREAD

EVENT, ALL OF THAT IS A CASE-BY-CASE BASIS. AND I THINK I'M CONCERNED

ABOUT HOW THIS LEGISLATION MOVES FROM THAT PERSPECTIVE FROM DEALING

WITH THE SPECIFIC TIME-BASED RESTORATION. LET THIS -- LET THEM WORK

WITHIN THE PSC. IT DOESN'T TAKE I DON'T THINK INTO ACCOUNT THE

CLASSIFICATION OF THE STORM. IT DOESN'T PROVIDE ANY GUIDANCE TO PSC TO

SET THIS UP. I THINK IT REALLY DOESN'T NECESSARILY FACTOR INTO ACCOUNT THE

POLES THAT ARE DOWN, THE LINES THAT ARE DOWN, THE TRANSFORMERS THAT ARE

DOWN, WHICH ALL DICTATES THE TIME NEEDED FOR A RESTORATION FIRST AND

FOREMOST. OUR FIRST PRIORITY WHEN THESE STORMS HAPPEN ARE ALWAYS FOR

OUR CREWS, OUR DEDICATED UTILITY CREWS, WORKERS, OUR UNION WORKERS THAT

ARE OUT THERE TRYING TO MAKE IT SAFE, MAKE IT SAFE FOR THE PUBLIC AND

MAKE IT SAFE FOR THE WORKERS WHILE THEIR WORKING IN THAT DANGEROUS AND

-- AND CHALLENGING ENVIRONMENT.

I THINK WE NEED TO LOOK AT THE, YOU KNOW, THE OTHER

CONCERNS I HAVE RELATIVE TO THIS, IS SOMETIMES I JUST THINK IT MIGHT BE

PUTTING A FOCUS, BECAUSE IF YOU'RE TALKING ABOUT THE PRIORITIES TO BE

FOCUSING ON SAFE RESTORATION, AND IT SEEMS LIKE WE'RE PUTTING THIS AS A

TIME-BASED. AND OUR WORKERS ARE WORKING DILIGENTLY. IF YOU TALK TO

THEM, THEY WORK DILIGENTLY TO RESTORE THE POWER AS QUICKLY AS POSSIBLE.

I JUST -- I DON'T WANT TO SEND A MESSAGE THAT TIME IS OF THE ESSENCE AND

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NYS ASSEMBLY JUNE 9, 2021

THE SAFETY, THEY WORK HAND-AND-HAND AND I'M JUST CONCERNED BECAUSE IT

SEEMS LIKE THIS LEGISLATION FOCUSES ON TIME. I BELIEVE THIS BILL IS NOT

REALLY NECESSARY FOR WHAT WE'RE TRYING TO DO. I THINK THERE'S DIFFERENT

FACTORS THAT COME INTO PLAY. WE TALKED ABOUT THE -- THE CHALLENGE AND

THE DEGREE OF THE STORM, THE WEATHER, THE TIME OF DAY, THE AVAILABILITY OF

CREWS, THE COMPLEXITY OF THE RESTORATION JOBS. WE HAD TO DEAL WITH THE

PANDEMIC LAST YEAR, AS WELL.

AGAIN, THE BEST WAY TO APPROACH THIS IS THROUGH STORM

HARDENING AND RESILIENCY PLANS WHICH WE'RE HOPING WE -- FORWARD ON,

LOOKING TO TRY TO DEAL WITH THE VEGETATION ISSUES, THE DANGER TREES,

MAKING SURE WE HAVE PLANS. AND THE -- AND THE CURRENT LAW DOES

REQUIRE PLANS, BUT I THINK REALLY, I THINK WHEN WE GET INTO THESE

ARBITRARY TIME RESTORATION TARGETS, I JUST THINK WE GET OFF THE TRACK A

LITTLE BIT. I THINK THERE'S A BETTER WAY TO DO IT, ESPECIALLY I REALLY THINK

THIS IS JUST GOING TO SET UP ANOTHER WAY TO CREATE MORE FINES ON THE

UTILITY COMPANIES AND OTHER COMPANIES THAT ARE TRYING TO DO THIS WORK

AND WORKING HARD, AND ULTIMATELY THAT'S GOING TO BE BORN -- THOSE COSTS

ARE GOING TO BORN BY SOMEONE, WHETHER IT'S THE RATEPAYER OR WHOEVER,

AND I JUST THINK THAT'S SOMETHING WE NEED TO BE REALLY COGNIZANT OF AS

WE MOVE FORWARD. I THINK THE LEGISLATION IS WELL-INTENDED, I JUST THINK

IT MISSES THE MARK AND THERE'S A BETTER WAY TO GO ABOUT THIS. I THINK FOR

SURE WE SHOULD BE HAVING A LOT MORE COLLABORATION, BECAUSE I DON'T SEE

ANY DISCUSSION OF COLLABORATION IN HERE WITH THOSE CREWS AND UTILITIES

AND THE CUSTOMERS AS WE MOVE FORWARD. LET'S HAVE A COLLABORATION

PLAN BETWEEN THE UTILITIES AND THE PSC INSTEAD OF JUST SAYING YOU HAVE

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NYS ASSEMBLY JUNE 9, 2021

TO DO THIS BY THEN WITH SOME ARBITRARY, GENERIC AND NOT AN EXACT

NUMBER ON TIME-BASED RESTORATION.

SO I JUST THINK WE CAN DO THIS BETTER. I JUST THINK THIS

LEGISLATION, AS WELL-INTENDED AS IT IS, WILL CREATE SOME ISSUES AND

PRIORITIES THAT WE REALLY DON'T NEED. IT'S NOT REALLY GOING TO HELP US

ADDRESS THE ISSUE OF RESTORATION ANY QUICKER AND I THINK WE CAN DO

BETTER AND I HOPE AS WE MOVE FORWARD WITH THIS, AND I HOPE WITH THE

PSC, IF THIS IS WHERE IT GOES, ADDRESSES THIS. I HOPE THEY TAKE INTO

ACCOUNT ALL THESE OTHER FACTORS WE TALKED ABOUT, THE STORMS, THE DEGREE,

THE UNIQUENESS OF EACH ONE, SIGNIFICANCE AND WIDESPREAD, ALL OF THOSE

THINGS SHOULD BE CONSIDERED AND I JUST -- THIS LEGISLATION DOESN'T MARK

ALL -- MENTION ANY OF THAT AND I THINK THAT'S WHERE I'M CONCERNED ABOUT

WHERE THIS IS HEADING AND I'D RATHER HAVE IT BE A COLLABORATIVE APPROACH

RATHER THAN POSSIBLY SET THEM UP FOR MORE PENALTIES, WHICH REALLY

DOESN'T HELP US GET TO THE GOAL WE WANT, WHICH IS TO RESTORE POWER AS

SAFELY AND QUICKLY AS POSSIBLE. FOR THOSE REASONS, MR. SPEAKER, I'LL BE

VOTING IN THE NEGATIVE.

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 7541. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

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NYS ASSEMBLY JUNE 9, 2021

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

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

WILL PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HYNDMAN.

MS. HYNDMAN: I WOULD LIKE TO REMIND MY

COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE

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

MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER

PREVIOUSLY PROVIDED AND YOUR NAMES WILL BE ANNOUNCED ACCORDINGLY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

HYNDMAN.

(THE CLERK RECORDED THE VOTE.)

MR. OTIS TO EXPLAIN HIS VOTE.

MR. OTIS: THANK YOU, MR. SPEAKER. OVER THE PAST

DECADE AND IN RECENT YEARS, WE'VE HAD EXTENDED OUTAGES IN NEW YORK

CITY, ON LONG ISLAND, IN THE HUDSON VALLEY AND IN ALL CORNERS OF

UPSTATE NEW YORK. WHAT THIS BILL WILL DO IS FURTHER ENERGIZE, IF I CAN

USE THAT PHRASE, THE PLANNING PROCESS, THE EMERGENCY PLANNING PROCESS

TO MAKE SURE THAT THERE ARE STAFFING AND RESOURCES AVAILABLE TO DO

RESTORATION IN A REASONABLY PROMPT AMOUNT OF TIME. AND THE LEGISLATION

HAS BEEN INFORMED BY DISCUSSIONS WITH FOLKS, INCLUDING UTILITIES ALL

AROUND THE STATE, AND IN -- IN WESTCHESTER LAST YEAR WE HAD SOME

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MEETINGS WITH LOCAL OFFICIALS AT UTILITIES TO SORT OF GO OVER A VARIETY OF

ISSUES. I AM CONFIDENT FROM LOOKING AT WHAT'S GOING ON AROUND THE

COUNTRY THAT THIS WILL BE A BENEFICIAL PIECE OF LEGISLATION AND SOMETHING

THAT WE NEED HERE IN NEW YORK IN OUR PUBLIC SERVICE LAW AND OUR

EMERGENCY MANAGEMENT PLANS. AND SO I RECOMMEND THE VOTE THAT I'LL

BE CASTING, WHICH IS AYE.

ACTING SPEAKER AUBRY: MR. OTIS IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. TO EXPLAIN MY

VOTE. I ALWAYS FIND IT INTERESTING THAT AT THE SAME TIME OUR CONSTITUENTS

ARE CALLING US AND COMPLAINING ABOUT HIGHER AND HIGHER ELECTRIC AND

UTILITY BILLS AND, INDEED, THEY ARE CORRECT BECAUSE UTILITY BILLS IN NEW

YORK STATE ARE AMONGST THE HIGHEST IN THE NATION, WE ARE BUSY HERE

ALMOST EVERY DAY IMPOSING NEW AND MORE MANDATES ON UTILITIES THAT

OBVIOUSLY INCREASE THEIR COSTS AND INCREASE THE COSTS TO OUR CUSTOMERS.

AND SO AT SOME POINT WE HAVE TO RECOGNIZE THAT AS WE ADD MORE AND

MORE MANDATES ON UTILITIES AND MORE AND MORE REQUIREMENTS AND MORE

AND MORE REGULATIONS, IT ONLY DRIVES THOSE PRICES UP EVEN HIGHER. FOR

THAT REASON, I'LL BE OPPOSING IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. GOODELL.

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

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

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MIKULIN AND MS. MILLER IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

RULES REPORT 9 -- PAGE 9, RULES REPORT NO. 267 -- I'M

TRANSPOSING.

THE CLERK: ASSEMBLY NO. A07595, RULES REPORT

NO. 267, OTIS, JACOBSON. AN ACT TO AMEND THE LABOR LAW, IN RELATION

TO REQUIRING COPIES OF CERTAIN DOCUMENTS PHYSICALLY POSTED IN A

WORKPLACE TO BE MADE AVAILABLE TO EMPLOYEES ELECTRONICALLY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. OTIS.

MR. OTIS: MR. SPEAKER, THIS COMMONSENSE PIECE OF

LEGISLATION DEALS WITH SOMETHING THAT, IN A SENSE, WE ALL EXPERIENCE IF

WE WALK BY A WORK SITE OR IF WE VISIT AN OFFICE, UNDER THE LABOR LAW

AND OSHA AND OTHER KINDS OF REQUIREMENTS THERE ARE REQUIRED

WORKPLACE POSTINGS SO THAT EMPLOYEES, WORKERS, ARE APPRISED OF THEIR

VARIOUS RIGHTS UNDER -- UNDER ESPECIALLY THE LABOR LAW AND OTHER LAWS.

IN AN INDOOR LOCATION, MAYBE PLASTERED ON A -- ON A BULLETIN BOARD

SOMEWHERE, SMALL TYPE, SOMEWHAT ACCESSIBLE. BUT CERTAINLY IN AN

OUTDOOR LOCATION AT A CONSTRUCTION SITE, WORK SITE, THESE ARE OFTEN

POSTED ON A WALL OR A FENCE IN AN OUTDOOR SETTING, WEATHER-BEATEN AND

OFTEN DETERIORATING. BUT IN EITHER CASE, FOR THE FINE PRINT OF A WORKERS'

RIGHTS TO BE FULLY ACCESSIBLE TO THAT WORKER, WE NEED TO PROVIDE A BETTER

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WAY FOR THEM TO ACCESS INFORMATION WHEN THEY NEED IT.

SO WHAT THIS BILL DOES IS IT -- IT REQUIRES THAT EMPLOYERS

MAKE THOSE SAME REQUIRED NOTICES AVAILABLE DIGITALLY, ELECTRONICALLY TO

EMPLOYEES WHICH CAN BE DONE EITHER IF THERE IS A COMPANY WEBSITE OR

BY E-MAIL. IN ADDITION TO THE ABILITY OF BEING ABLE TO GET THAT KIND OF

ACCESS, SOMEONE WOULD THEN BE ABLE TO DOWNLOAD IT, BLOW IT UP, GET THE

FINE PRINT IN A MORE READABLE FORMAT. BUT THESE WOULD BE GOOD

IMPROVEMENTS UNDER ANY CIRCUMSTANCES, BUT ESPECIALLY AFTER THE YEAR

THAT WE'VE HAD OF COVID, WE UNDERSTAND THAT MANY PEOPLE ARE

WORKING SPORADIC SCHEDULES, OFTEN FULLY REMOTE, PARTIALLY REMOTE, AND

THEIR ABILITY TO ACCESS THESE DOCUMENTS IF AN ISSUE COMES UP IS EVEN

MORE LIMITED. SO I REALLY THINK THIS IS A COMMONSENSE LEGISLATION THAT

WOULD BE HELPFUL TO WORKERS AND -- AND GET KNOWLEDGE OF THEIR RIGHTS

IN THEIR HANDS IN A CLEAR, EXPEDITIOUS WAY, AND SO I ASK FOR YOUR SUPPORT

OF THIS LEGISLATION.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: AND I THANK MR. OTIS FOR THAT EXPLANATION

AND, YOU KNOW, FOR -- FOR DESCRIBING WHAT HE'S TRYING TO ACHIEVE WITH

THIS BILL. YOU KNOW, THE -- THE CONCERN THAT MANY OF US HAVE WITH

REGARD TO THIS, AND WE'VE SEEN LEGISLATION OVER THE YEARS THAT HAVE

ADDED NOTICES THAT HAVE TO BE PROVIDED TO EMPLOYEES BY EMPLOYERS AND

THEY'RE POSTED, THE DEPARTMENT OF LABOR ALONE NOW REQUIRES EMPLOYERS

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NYS ASSEMBLY JUNE 9, 2021

HANG OVER 20 POSTERS REGARDING EMPLOYEES' RIGHTS AND -- AND THE

EMPLOYER OBLIGATIONS. THAT DOESN'T INCLUDE ONES THAT MAY COME FROM

OTHER STATE AGENCIES, NOTICES THAT MAY COME FROM OSHA. SO AN

EMPLOYER, YOU KNOW, BASICALLY HAS SO MUCH INFORMATION THEY HAVE TO

POST THAT IT -- IT ALMOST MAKES -- MAKES IT VERY DIFFICULT FOR -- FOR THE

EMPLOYEE TO FIND REALLY INFORMATION RELATIVE TO THEM. NOW, THIS WOULD

REQUIRE DIGITAL COPIES OF THESE POSTERS BE MADE AVAILABLE AND POSTED ON

THE WEBSITE.

NOW, THERE'S A COUPLE OF CONCERNS I HAVE WITH THAT.

NUMBER ONE, I DON'T KNOW IF ALL OF THESE POSTERS ARE AVAILABLE

ELECTRONICALLY. I GUESS IF THIS WAS ENACTED, I WOULD HOPE THAT WE'D

HAVE TO PUSH THE DEPARTMENT OF LABOR TO DO SO AND MAKE THEM

AVAILABLE ON THEIR WEBSITE, BUT ALSO, ALL BUSINESSES DON'T NECESSARILY

HAVE A WEB PAGE. A LOT I WOULD THINK IN THIS DAY AND AGE MAY DO MORE

THINGS ON, YOU KNOW, SOCIAL MEDIA OUTLETS AND -- AND NOT HAVE A

TRADITIONAL WEB PAGE, AND I THINK IT'S A LITTLE VAGUE WHAT REQUIREMENTS

THEY MAY HAVE ON THEM IF THEY DO NOT HAVE A WEB PAGE. AND -- AND I

THINK THE LAST ONE IS JUST, AGAIN, THAT GENERAL CONCERN OF ANOTHER

MANDATE ON OUR SMALL BUSINESSES. LIKE I SAID, YOU KNOW, THIS STARTED

YEARS AGO AND INFORMATION WOULD HAVE TO BE PROVIDED AND, YOU KNOW,

WHETHER IT WAS A BULLETIN BOARD THAT EVERY EMPLOYEE PASSED EVERY DAY

OR, YOU KNOW, IN A BREAK ROOM, IN A LOOKER ROOM, WHEREVER. WHEN YOU

GET TO THE POINT WHERE THERE'S 20-PLUS NOTICES, I THINK THAT WORDING THAT

YOU READ EVERY DAY THAT YOU'RE AWARE OF, RIGHTS YOU HAVE SUDDENLY

BECOMES REALLY A MESS OF DIFFERENT INFORMATION. AND IT DOES BECOME

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NYS ASSEMBLY JUNE 9, 2021

VERY DIFFICULT ON THE EMPLOYER. I MEAN, YOU CAN HAVE ONE OR TWO

EMPLOYEES AND YOU'RE COVERING AN ENTIRE WALL WITH THESE POSTERS, AND

NOW -- NOW IT'S AN ADDITIONAL COST AND ADDITIONAL EXPECTATION THAT

YOU'RE GOING TO PROVIDE THIS INFORMATION DIGITALLY. AND, AGAIN, NOT SURE

WHETHER THESE ARE ALL AVAILABLE IN THAT FORMAT.

SO I JUST THINK THAT, YOU KNOW, IF WE ARE LOOKING -- MY

COLLEAGUE DID MENTION THE FACT THAT WITH COVID, A LOT MORE PEOPLE

HAVE WORKED FROM HOME. I THINK FOR A LOT OF PEOPLE THAT IS GOING TO

BECOME, YOU KNOW, A PERMANENT THING THAT MAYBE THEY'RE IN THEIR

OFFICE A COUPLE DAYS, BUT THEY'RE WORKING FROM HOME A LOT. BUT MAYBE

THAT'S AN OPPORTUNITY TO MODERNIZE THESE REQUIREMENTS. MAYBE IT'S AN

OPPORTUNITY TO SAY HEY, PROVIDE THESE DIGITALLY WHEN SOMEBODY, YOU

KNOW, COMES ON BOARD WITH YOUR COMPANY, OR TELL THEM WHERE THEY

CAN FIND A COPY OF THEIR RIGHTS OR PUT IT IN A HANDBOOK OR WHATEVER, BUT

THAT YOU'RE NOT GOING TO HAVE THIS WHOLE WALL OF THINGS THAT YOU HAVE TO

PRINT SO THAT ONE OR TWO EMPLOYEES MIGHT HAVE TO DIG THROUGH TO FIND

INFORMATION THAT MIGHT BE RELATIVE TO A SITUATION THEY'RE FACING.

SO AGAIN, LIKE EACH AND EVERY ONE OF THESE POSTERS,

THERE'S A REALLY, I THINK, IMPORTANT OBJECTIVE TO THEM, MAKING SURE

EMPLOYEES KNOW THEIR RIGHTS, KNOW ABOUT WORKPLACE SAFETY INITIATIVES

IS AN IMPORTANT THING, BUT I THINK THAT THE MORE WE PILE ON THESE

MANDATES, A, WE MUDDY THE WATERS ON -- ON THEM REALLY SEEING THE

INFORMATION THEY NEED TO SEE, BUT, B, WE JUST PUT YET ANOTHER BURDEN ON

THE SMALL BUSINESSES OF OUR STATE, AND I KNOW THAT'S WHY MANY OF MY

COLLEAGUES WILL BE VOTING NEGATIVE ON THIS BILL. THANK YOU.

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NYS ASSEMBLY JUNE 9, 2021

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 ASSEMBLY PRINT 7595. 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. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH.

MS. HYNDMAN.

MS. HYNDMAN: MAJORITY MEMBERS ARE GENERALLY

IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION. IF THERE ARE ANY

EXCEPTIONS, PLEASE, I ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY

LEADER'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED AND THEIR NAMES

WILL BE ANNOUNCED ACCORDINGLY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH,

MS. HYNDMAN.

(THE CLERK RECORDED THE VOTE.)

AND MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. TO EXPLAIN MY

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NYS ASSEMBLY JUNE 9, 2021

VOTE. AS MY COLLEAGUE MENTIONED, THERE ARE ALREADY UPWARDS OF 20

POSTERS THAT EMPLOYERS HAVE TO POST IN A QUOTE, "PROMINENT LOCATION."

IN MY LAW FIRM, I HAVE, LIKE, A DOZEN SQUARE FEET WITH JUST POSTERS THAT

HAVE BEEN UP FOREVER. RATHER THAN REQUIRING EVERY EMPLOYER TO

SOMEHOW TRACK DOWN OR MAKE A DIGITAL COPY AND MAKE IT AVAILABLE TO

THEIR EMPLOYEES, A MUCH SIMPLER APPROACH, WHICH WOULD NOT BURDEN

OUR EMPLOYERS IN ORDER TO ACCOMPLISH THE SAME OBJECTIVE, IS FOR THE

DEPARTMENT OF LABOR TO PUT ALL THOSE POSTERS ON ITS WEB PAGE AND

INSTEAD OF EMPLOYERS HAVING A WHOLE WALL WITH POSTERS, JUST GIVE US THE

LINK AND WE CAN PUT THE LINK UP PROMINENTLY, WE CAN PUT IT UP IN MORE

THAN ONE ROOM. ANY EMPLOYEE WHO IS INTERESTED COULD JUST CLICK IT ON

IT. WE'D SAVE EMPLOYERS ACROSS THE STATE OF NEW YORK HUNDREDS OF

THOUSANDS OF DOLLARS THAT THEY CURRENTLY SPEND ON POSTING AND PAPERING

ENTIRE ROOMS WITH POSTERS THAT NOBODY READS. LET'S MOVE FORWARD IN

THE DIGITAL AGE IN A WAY THAT DOESN'T IMPOSE MORE COSTS ON OUR

EMPLOYERS, BUT ACCOMPLISHES THE OBJECTIVE. AND GIVING US A LINK TO ALL

THE POSTERS IN THE DEPARTMENT OF LABOR WEB PAGE WOULD ACCOMPLISH

THAT PURPOSE. FOR THAT REASON, I'M OPPOSED TO THIS LEGISLATION.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. OTIS TO EXPLAIN HIS VOTE.

MR. OTIS: THANK YOU, MR. SPEAKER, AND I THANK MR.

RA AND MR. GOODELL FOR THEIR COMMENTS. AND I ACTUALLY THINK WE'RE

MORE ON THE SAME PAGE THAN -- THAN IT WOULD APPEAR. I, TOO, THINK IT'S --

THERE ARE A LOT OF POSTERS AND SIGNS, AND I THINK THAT GETTING THEM TO

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WORKERS IN DIGITAL FORM IS THE FIRST STEP TO SIMPLIFYING THIS PROCESS. BUT

THE DEPARTMENT OF LABOR DOES HAVE THESE FORMS AVAILABLE DIGITALLY AND

THEY PROVIDE THEM TO EMPLOYERS. TO HAVE -- TO MAKE THE WORKER GO

AND FIGURE IT OUT IN THE DEPARTMENT OF LABOR WEBSITE IS A DIFFERENT

MATTER BECAUSE NOT ALL FORMS ARE EXACTLY APPROPRIATE FOR EACH WORK

LOCATION OR -- OR EACH -- EACH SITUATION. SO THAT'S SORT OF THE EMPLOYER'S

RESPONSIBILITY TO MAKE SURE THAT THEY'RE POSTING THE RIGHT FORMS FOR THEIR

SITUATION.

AS TO THE ISSUE OF A COMPANY NOT HAVING A WEBSITE,

THE WAY THE BILL IS DRAFTED IT IS EMPLOYER'S WEBSITE OR BY MAIL. MANY

EMPLOYERS DO NOT HAVE WEBSITES; THE BILL LANGUAGE CLEARLY ACCOUNTS FOR

THAT. I THINK THIS IS SOMETHING THAT WOULD HELP WORKERS AND EMPLOYERS

ALL OVER THE STATE BY SIMPLIFYING THE PROCESS, AND SO I'LL BE VOTING AYE

AND I THANK EVERYONE FOR THEIR CONSIDERATION OF THIS LEGISLATION.

ACTING SPEAKER AUBRY: MR. OTIS IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 9, RULES REPORT NO. 273, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07696, RULES REPORT

273, BARRETT, BARRON, CUSICK. AN ACT TO AMEND THE PUBLIC AUTHORITIES

LAW, IN RELATION TO PROHIBITING DEVELOPMENT OF BUILD-READY SITES ON

VIABLE AGRICULTURAL LAND.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

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REQUESTED, MRS. BARRETT.

MRS. BARRETT: THANK YOU, MR. SPEAKER. THIS

BILL IS INTENDED TO PROHIBIT NYSERDA FROM FAST-TRACKING VIABLE

AGRICULTURAL LAND, FARMLAND, FOR THE DEVELOPMENT OF RENEWABLE ENERGY

PROJECTS AS PART OF THEIR BUILD-READY PROGRAM. WHILE I CONTINUE TO

SUPPORT CLIMATE GOALS, VIABLE FARMLAND IS FINITE, AND FRESH LOCAL FOOD --

THE DEMAND FOR FRESH LOCAL FOOD CONTINUES TO GROW AS WE SAW WITH THE

NOURISH NEW YORK PROGRAM. AND SO WE WANT TO BE SURE TO PROTECT

THIS IMPORTANT FARMLAND IN THIS PROCESS.

ACTING SPEAKER AUBRY: MR. TAGUE.

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

SPONSOR YIELD FOR SOME QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MRS. BARRETT, WILL

YOU YIELD?

MRS. BARRETT: CERTAINLY. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MRS. BARRETT YIELDS,

SIR.

MR. TAGUE: THANK YOU. AND FIRST OFF, I JUST WANT

TO SAY I REALLY APPRECIATE YOU BRINGING THIS BILL TO THE FLOOR. I PROBABLY

WILL OPPOSE THIS BILL TODAY, BUT -- FOR SOME REASONS. BUT THE IDEA

BEHIND THIS BILL IS SOMETHING THAT I -- THAT I THINK YOU AND I AGREE ON.

WE -- WE'VE HAD A CONVERSATION REGARDING THIS BILL PREVIOUSLY IN THE

LAST COUPLE OF WEEKS. BUT ANYWAYS, CAN YOU EXPLAIN TO ME EXACTLY

WHAT THE WORD "VIABLE FARMLAND" MEANS?

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MRS. BARRETT: YES, I CAN. VIABLE FARMLAND IS IN

THE AG AND MARKETS LAW AND IT REFERS TO LAND THAT'S HIGHLY SUITABLE FOR

A FARM OPERATION, LIKE SOILS THAT ARE MOST SUITABLE FOR GROWING CROPS,

IT'S FREE OF ROCKS AND BOULDERS, HAS AN APPROPRIATE RATE PH BALANCE AND

A RICH SUPPLY OF NUTRIENTS.

MR. TAGUE: OKAY. USUALLY WHAT WE WOULD CALL

THAT IN THE AGRICULTURAL WORLD IS TILLABLE PRODUCTIVE FARMLAND.

BUT MY NEXT QUESTION IS, DOES THIS BILL OFFER ANY

COMPENSATION TO THE FARMER FOR KEEPING THE PROPERTY IN WHAT I WOULD

CALL TILLABLE PRODUCTIVE FARMLAND INSTEAD OF SELLING OR LEASING FOR

RENEWABLE ENERGY SO IT'S --

ACTING SPEAKER AUBRY: ONE MINUTE, MR.

TAGUE.

GENTLEMEN, WE DON'T HAVE THE LOUDEST VOICES THAT ARE

TALKING RIGHT NOW, SO IT'S HARD TO HEAR OVER YOU -- THOSE OF YOU

GENTLEMEN AND LADIES WHO ARE TALKING. THANK YOU.

PROCEED.

MR. TAGUE: THANK YOU. I'LL REPEAT THE QUESTION,

MRS. BARRETT. DOES THIS BILL OFFER ANY COMPENSATION TO THE FARMER FOR

KEEPING THE PROPERTY IN TILLABLE PRODUCTIVE FARMLAND INSTEAD OF SELLING

OR LEASING FOR RENEWABLE ENERGY FACILITIES?

MRS. BARRETT: NO. THIS IS FOCUSED ON

NYSERDA. THE -- THE AIM OF THIS -- THIS BILL IS TO ENSURE THAT

NYSERDA'S BUILD-READY PROGRAM DOES WHAT IT SAYS THAT IT'S GOING TO

DO, WHICH IS TO PRIORITIZE THE DEVELOPMENT OF EXISTING OR ABANDONED

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NYS ASSEMBLY JUNE 9, 2021

COMMERCIAL SITES, BROWNFIELDS, LANDFILLS, FORMER INDUSTRIAL SITES AND

OTHER ABANDONED OR UNDERUTILIZED SITES. AND WE WANT TO BE SURE THAT

VIABLE AGRICULTURE IS NOT INCLUDE AS AN ABANDONED OR UNDERUTILIZED SITE.

MR. TAGUE: OKAY. NOW, THE OTHER QUESTION I HAVE

HERE, WOULD THIS BILL 100 PERCENT GIVE AUTHORITY BACK TO LOCAL HOME

RULE, LOCAL ZONING AND PLANNING?

MRS. BARRETT: IT REALLY -- IT ONLY -- IT'S MUCH

SIMPLER THAN YOU'RE TRYING TO MAKE IT, SIR. IT REALLY JUST TAKES FARMLAND

OFF OF THE FAST-TRACK BUILD-READY PROGRAM. IF A FARMER IN THE END

DECIDES THAT THEY DON'T WANT THEIR VIABLE FARMLAND USED FOR AGRICULTURE

ANYMORE, AND THEN I WOULD ARGUE THAT THEY'RE NO LONGER INTERESTED IN

BEING A FARMER, BUT THEY CAN DO WHAT THEY CHOOSE WITH THE LAND.

MR. TAGUE: OKAY. WELL, YOU KNOW, AGAIN, AND I --

I'LL POSE THIS QUESTION TO YOU AS WELL. DO YOU THINK THAT, YOU KNOW,

WHEN WE PASSED THE PUBLIC AUTHORITIES LAW NO. 9 THAT BETTER PLANNING

SHOULD HAVE BEEN DONE WITH REGARDS TO 9B? YOU KNOW, MOST OF OUR

RURAL UPSTATE COMMUNITIES, ESPECIALLY THOSE IN -- IN AGRICULTURE, THEY

HAVE WHAT WE CALL FARM -- FARMLAND PROTECTION DISTRICTS. AND THOSE

FARMLAND PROTECTION DISTRICTS PROTECT TILLABLE FARMLAND. SO, YOU KNOW,

WE GAVE THIS AUTHORITY TO NYSERDA IN THE BUDGET AND NO PLAN WAS

PUT IN PLACE. IF THIS HAD BEEN PLANNED OUT PROPERLY -- AND I'M -- I'M

GOING TO ASK YOU IF YOU AGREE WITH ME OR NOT -- WE COULD HAVE WENT

THROUGH THE STATE OF NEW YORK AND PICKED OUT WHAT YOU CALL VIABLE

AGRICULTURAL LANDS, WHAT I CALL PRODUCTIVE TILLABLE FARMLAND, AND MAKE

SURE THAT THOSE AREAS COULDN'T BE DEVELOPED FOR ANYTHING OTHER THAN

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AGRICULTURAL PRODUCTS. DO YOU AGREE WITH ME?

MRS. BARRETT: I -- I'M -- I'M NOT EXACTLY

FOLLOWING YOU, BUT I THINK WE BOTH SHARE THE COMMITMENT TO

SUPPORTING FARMERS AND AGRICULTURE IN OUR UPSTATE REGION AND

THROUGHOUT THE STATE. AND SO, YOU KNOW, I THINK THE ISSUE HERE IS TO

MAKE SURE THAT WE KEEP ENOUGH VIABLE FARMLAND THAT, YOU KNOW, THAT

FARMERS CAN KEEP FARMING. AND, YOU KNOW, I -- I -- I GUESS I -- YOU

KNOW, I'M NOT SURE EXACTLY WHERE YOU'RE GOING HERE, BUT THIS IS PRETTY

SIMPLE AND STRAIGHTFORWARD. AND, YOU KNOW, I -- I HOPE THAT YOU WILL

JOIN ME SINCE YOU AND I BOTH ASKED EXACTLY THE SAME QUESTIONS AT A

NUMBER OF DIFFERENT HEARINGS AND OUR CONCERN FOR HOW MUCH FARMLAND

BECAUSE IT'S FLAT, BECAUSE IT'S EASY, IS BEING TAKEN OVER BY SOLAR FARMS IN

PARTICULAR.

MR. TAGUE: AND I'M GOING TO ASK YOU KIND OF A --

ANOTHER QUESTION AND YOU DON'T HAVE TO ANSWER IT IF YOU WANT TO

BECAUSE I'M GOING TO SPEAK ON THE BILL RIGHT AFTERWARDS. BUT DO YOU

THINK THAT THE GOVERNOR WILL VETO THIS BILL IF IT PASSES TODAY?

MRS. BARRETT: THERE IS ALWAYS THAT CHANCE, BUT I

THINK THAT WE SHOULD PASS IT AND -- AND -- AND KEEP FIGHTING FOR OUR

FARMLAND. THAT'S MY GOAL.

MR. TAGUE: MR. SPEAKER, ON THE BILL, IF I MAY.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. TAGUE: THANK YOU. FIRST OF ALL, I WANT TO

THANK THE SPONSOR. AGAIN, THERE ARE A COUPLE OF THINGS IN THIS BILL THAT'S

NOT GOING TO ALLOW ME TO SUPPORT IT TODAY. HOWEVER, IF THERE WERE

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NYS ASSEMBLY JUNE 9, 2021

SOME AMENDMENTS, NOT ONLY WOULD I BE A SUPPORTER OF THIS BILL, I

WOULD PROBABLY BE A COSPONSOR. THE GOOD PARTS OF THIS BILL IS THAT IT

ACTUALLY SLOWS DOWN THE PROCESS. IT ACTUALLY SLOWS DOWN THE MISTAKE

THAT SOME OF US IN THIS BODY MADE BACK IN 2020 IN THE BUDGET, GIVING

THE SITING COMMISSION AND THE GOVERNOR THE POWER TO OVERRIDE HOME

RULE AND TO DEVELOP RENEWABLE ENERGY FACILITIES WITHOUT THE REGARD FOR

FOOD INSECURITY AND OUR VERY TILLABLE PRODUCTIVE FARMLAND IN RURAL

UPSTATE NEW YORK. OVER 350,000 ACRES OF PRODUCTIVE FARMLAND HAS

BEEN LOST TO RENEWABLE FACILITY LEASES OR DEVELOPMENT. THE BAD NEWS,

AND THE REASON WHY I CAN'T VOTE FOR THIS BILL TODAY, IS THAT ONCE AGAIN

THESE BILLS PUT OUR FARMERS AT A DISADVANTAGE. IT TELLS THEM WHAT THEY

CAN OR WHAT THEY CAN'T DO WITH THEIR LAND. WE TELL THEM HOW MUCH THEY

CAN GROW, HOW MUCH THEY CAN CHARGE. AND BY THE WAY, WE REGULATE

EVERY ASPECT OF THEIR BUSINESS. NOW WE ARE TELLING THEM WHETHER THEY

CAN SELL THEIR PROPERTY FOR DEVELOPMENT OR NOT.

WHILE I AGREE WITH THE SPONSOR THAT HAVING TILLABLE

FARMLAND IS MUCH MORE IMPORTANT, I CANNOT SUPPORT SOMETHING THAT

WOULD RESTRICT THE DEVELOPMENT OF AGRICULTURAL LANDS WITHOUT SOME SORT

OF COMPENSATION FOR THE FARMER TO INCENTIVIZE THEM TO KEEP THE LAND IN

TILLABLE PRODUCTIVE FARMLAND. THIS TILLABLE PRODUCTIVE FARMLAND KEEPS

FEEDING NEW YORKERS AND AMERICANS ACROSS OUR COUNTRY. THIS BILL, TO

ME, IS A GOOD BEGINNING BUT IT NEEDS WORK. I'D BE HAPPY TO WORK WITH

THE SPONSOR. BUT AS IT'S WRITTEN TODAY, UNFORTUNATELY I AM GOING TO HAVE

TO VOTE IN THE NEGATIVE AND RECOMMEND MY COLLEAGUES TO DO THE SAME.

IF WE COULD FIND A WAY TO COMPENSATE OUR FARMERS TO KEEP THIS

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PRODUCTIVE FARMLAND IN -- IN -- IN PRODUCTION, I WOULD BE HAPPY TO

SUPPORT THIS BILL.

FOR THOSE REASONS, AGAIN, MR. SPEAKER, I WILL BE

VOTING IN THE NEGATIVE. BUT AGAIN, THANK YOU TO THE SPONSOR FOR HER

ANSWERS AND FOR HER EXPLANATION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD JUST FOR A COUPLE OF QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MRS. BARRETT, WILL

YOU YIELD?

MRS. BARRETT: YES, SIR, I WILL.

ACTING SPEAKER AUBRY: MRS. BARRETT YIELDS.

MR. MANKTELOW: THANK YOU, MRS. BARRETT. AND

FIRST OF ALL I WANT TO SAY THANK YOU FOR BRINGING THIS BILL FORWARD. I

THINK THE INTENTIONS OF THIS BILL ARE GREAT. I APPLAUD YOU FOR BRINGING IT

TO THE FLOOR. I THINK THE -- THE PRIMARY GOAL OF THIS IS A -- IS A GREAT BILL.

I JUST HAVE A COUPLE OF QUESTIONS ON THIS. AND WE HAVE BEEN IN CONTACT

WITH NEW YORK FARM BUREAU WHO OPPOSES THIS BILL, NOT -- NOT TOTALLY

BECAUSE IT'S A BAD BILL. BUT THERE'S JUST A COUPLE OF QUESTIONS I WANT TO

-- I WANT TO ASK AND MAYBE CLEAR UP MY MIND ON THIS. SO WHEN WE'RE

TALKING ABOUT VIABLE AGRICULTURAL LAND, CAN YOU EXPLAIN TO ME AGAIN

WHAT THAT IS?

MRS. BARRETT: CERTAINLY, MR. MANKTELOW. BUT I

AM TAKING THIS EXACTLY HOW IT'S USED IN AG AND MARKETS LAW, IT'S NOT

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MY DEFINITION. AND THAT IS, REFERS TO LAND THAT'S HIGHLY SUITABLE FOR A

FARM OPERATION AND HAS SOILS MOST SUITABLE FOR GROWING CROPS, IT'S FREE

OF ROCKS AND BOULDERS AND IT HAS THE APPROPRIATE PH BALANCE AND A RICH

SUPPLY OF NUTRIENTS. WE HAVE SOME OUTSTANDING WORLD-CLASS FARMLANDS

HERE IN NEW YORK STATE.

MR. MANKTELOW: YES, ABSOLUTELY. AND I'VE HAD

THE -- THE GOOD FORTUNE OVER MANY YEARS TO -- TO HAVE SOME OF THOSE

TYPES OF SOILS ON MY FARMS. I WISH I HAD MANY MORE.

ONE OF MY -- ONE OF MY QUESTIONS HERE IS, OR MY

CONCERNS IS, AS WE GET UP IN THE NORTH COUNTRY WHERE WE DON'T HAVE

THE HIGHLY TILLABLE LAND BUT WE DO HAVE GOOD VIABLE LAND, GOOD VIABLE

FARMLAND FOR -- FOR GRAZING FOR -- FOR DAIRY FARMS FOR CATTLE, WOULD THESE

FARMERS BE ABLE TO HAVE THE POSSIBILITY OF -- OF WORKING WITH SOMEBODY

TO PUT RENEWABLE ENERGIES ON THOSE TYPES OF PROPERTIES?

MRS. BARRETT: THIS BILL ONLY FOCUSES ON THE

BUILD-READY PROGRAM, WHICH IS THE FAST-TRACKING PROGRAM. SO IN ANY

-- ALL OF THESE FARMERS IN -- IN YOU KNOW, AND -- AND ALSO IN RESPONSE TO

OUR COLLEAGUE'S COMMENTS -- ALL OF THESE FARMERS ARE PERFECTLY ABLE TO

CONVERT THEIR LAND TO RENEWABLES OR DECIDE LATER TO DO THAT. THIS IS JUST

ONE PROGRAM THAT'S A FAST-TRACKING PROGRAM THAT WE DON'T WANT

FARMLAND TO, YOU KNOW, TO -- TO BASICALLY BE RAILROADED INTO -- INTO

THESE PURPOSES WITHOUT REALLY CONSIDERATION OF THE NEED FOR FOOD

PRODUCTION OR OTHER THINGS. SO, YOU KNOW, I -- I REALLY -- I DON'T THINK

IT'S A PROBLEM AT ALL GOING FORWARD. AND I DON'T UNDERSTAND THE FARM

BUREAU'S ISSUES ON THIS, EITHER.

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MR. MANKTELOW: I THINK THE -- I THINK THEIR ISSUE

AS WELL AS MY CONCERN IS THAT VIABLE AGRICULTURAL LAND COULD BE LOOKED

AT MANY DIFFERENT WAYS. AND I REALLY WISH THERE WAS A -- A LITTLE BETTER

DETERMINATION THAN JUST WHAT AG AND MARKETS SAYS BECAUSE WHAT THEY

SEE AS VIABLE LAND, VIABLE AGRICULTURAL LAND -- AND -- AND I AGREE WITH

THEIR DEFINITION, BUT THERE'S MORE TO IT THAN JUST THAT. IF WE -- IF WE

COULD DO AN AMENDMENT TO THIS BILL TO CHANGE THE WORDAGE OF THE VIABLE

AGRICULTURE LAND TO SOMETHING THAT FITS ALL OF NEW YORK STATE, BECAUSE

A LOT OF THAT DEPENDS ON WHERE YOU ARE IN NEW YORK AND WHERE YOU

ARE, WHETHER IN THE NORTH COUNTRY, CENTRAL NEW YORK, YOU KNOW,

LONG ISLAND. VIABLE LAND IN ALL THOSE AREAS CAN BE VIEWED AS DIFFERENT.

AND I WOULD JUST REALLY LIKE A DETERMINATION -- A DETERMINATION ON HOW

WE'RE GOING TO CATEGORIZE THAT MOVING FORWARD WITH THIS BILL.

I'M GOING TO LEAN -- AGAIN, I APPLAUD YOU FOR THE BILL. I

THINK YOU DID A GREAT JOB BRINGING IT FORWARD. I -- I HOPE -- I WILL BE

VOTING NEGATIVE AGAINST IT JUST BECAUSE OF THIS AND JUST BECAUSE OF THE

POSITION WITH FARM BUREAU, BUT I DO TRULY WANT TO SUPPORT THAT, AND

AGAIN, THANK YOU SO MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: MR. SPEAKER, THIS IS REALLY A

GOOD BILL. AND AGAIN, I APPLAUD THE SPONSOR FOR BRINGING IT FORWARD

AND HER INTENTION. THERE'S JUST A FEW GRAY AREAS THAT I THINK REALLY NEED

TO BE CLEANED UP BEFORE WE BRING THIS -- THIS BILL TO LAW. AND UNTIL

THOSE ARE CLEANED UP, I REALLY WANT TO SUPPORT IT BUT I CAN'T RIGHT NOW.

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AND I JUST WANT TO MAKE SURE THAT WE'RE LOOKING AT ALL OF NEW YORK

AND THE DIFFERENT VIABLE FARM OR AGRICULTURAL LAND THROUGHOUT NEW

YORK. IT'S DIFFERENT DEPENDING ON THE REGION THAT YOU'RE IN AND

DEPENDING ON WHAT YOU GROW AND DO WITH IT.

SO I HATE TO SAY THIS, I'LL BE -- I WILL BE VOTING IN THE

NEGATIVE. AGAIN, IF WE COULD CLEAR THAT PIECE OF LANGUAGE UP AND,

AGAIN, ADD AN AMENDMENT TO THIS BILL, I'LL BE MORE THAN WILLING TO

SUPPORT IT. SO, AT THIS POINT I WILL BE A NO. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. GIGLIO: SO, I APPRECIATE THE INTENT OF THIS BILL

ALSO, AND I'M TORN BECAUSE I'M A BIG PROPONENT OF PROPERTY RIGHTS. AND

THE FARMERS SHOULD BE ABLE TO FARM, IF THEY HAVE VIABLE FARMLAND AND

THE SOIL IS GOOD. THE LAWS THAT WE CREATE IN ALBANY WITH THE PESTICIDES

AND THE HERBICIDES MAKE IT HARDER FOR FARMERS TO FARM. ALL THE

LEGISLATION WITH THE, YOU KNOW, VEHICLES THAT HAVE TO BE ELECTRIC

POWERED, IT ALL REALLY PUTS A BURDEN ON THE FARMERS IN MY DISTRICT,

WHICH IS A VERY HEAVILY FARMED DISTRICT. I THINK WE NEED TO LOOK AT THE

GOVERNOR'S SITING LAW FOR SOLAR PANELS, BECAUSE THE SITING BOARD CAN

DETERMINE ANYWHERE WHERE SOLAR PANELS CAN GO, AND IT CAN GO ON VIABLE

FARMLAND. AND THE FARMERS WITH THE RESTRICTIONS GETTING HARDER AND

HARDER FOR THEM TO BE ABLE TO FARM IS -- IT'S REALLY VERY -- THEY'RE LOOKING

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AT SELLING THEIR FARMS FOR SITE DEVELOPMENT AND FOR SOLAR BECAUSE IT'S

PROFITABLE. SO I -- I DON'T KNOW IF -- I REALLY THINK THAT IT SHOULD BE LEFT

UP TO LOCAL GOVERNMENTS. THIS -- WE NEED TO LOOK AT SATURATION RATES

FOR SOLAR ARRAYS AND WE NEED TO LOOK AT MAKING THE FARMERS PROFITABLE

AND MAKING FARMING VIABLE IN NEW YORK STATE SO THAT WE DON'T HAVE TO

WORRY ABOUT THESE SITES BEING BUILT ON. SO, AS I SAID, YOU KNOW, WE

NEED TO LEAVE IT UP TO LOCAL GOVERNMENT. I AM A PROPONENT OF PROPERTY

RIGHTS AND THAT INCLUDES THE FARMERS. SO I WILL BE VOTING NEGATIVE ON

THE BILL.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

MR. LEMONDES.

MR. LEMONDES: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. LEMONDES: THANK YOU VERY MUCH. I REALLY

APPRECIATE IT. (INAUDIBLE) RESTRICTIONS ON PROPERTY OWNERS' RIGHTS AND

LACK OF CONSIDERATION FOR FINANCIAL INCENTIVIZATION TO THEM. I HAVE TO

VOTE IN CONGRUENCE WITH NEW YORK FARM BUREAU AND WILL VOTE IN THE

NEGATIVE ON THIS BILL.

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

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NYS ASSEMBLY JUNE 9, 2021

RECORD THE VOTE ON ASSEMBLY PRINT 7696. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE AND WE'LL

PROPERLY RECORD YOUR VOTE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU. SO

NOTED.

MS. HYNDMAN.

MS. HYNDMAN: MAJORITY MEMBERS ARE GENERALLY

IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION. IF THERE ARE ANY

EXCEPTIONS I ASK MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT

THE NUMBER PREVIOUSLY PROVIDED AND YOUR VOTE WILL BE RECORDED --

ANNOUNCED ACCORDINGLY.

THANK YOU.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU, MS.

HYNDMAN.

MRS. BARRETT TO EXPLAIN HER VOTE.

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

REALLY WANT TO REITERATE THAT THIS IS ABOUT FAST-TRACKING IN THE

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BUILD-READY PROGRAM. AND THE -- YOU KNOW, WHEN -- WHEN THE

BUILD-READY PROGRAM WAS AUTHORIZED IN 2020 AS PART OF THE RENEWABLE

ENERGY SITING PROCESS, IT AUTHORIZED NYSERDA TO ACQUIRE THE RIGHTS

AND DEVELOPMENT INTEREST FOR THE SITING OF THESE PROJECTS ON

HARD-TO-DEVELOP PARCELS OF LAND. AND THAT INCLUDES ABANDONED

COMMERCIAL SITES, BROWNFIELDS, LAND -- LANDFILLS, INDUSTRIAL SITES. WE --

WE'VE ALL PASSED A -- YOU KNOW, THE HIGHWAY GARAGES ON THE -- YOU

KNOW, ON THE THRUWAY AND OTHER PLACES THAT HAVE NO SOLAR PANELS ON

THEM, HAVE -- YOU KNOW, ARE -- ARE NOT ENGAGED IN THIS RENEWABLE

PROCESS AT ALL. AND I THINK IT'S REALLY IMPORTANT THAT IF WE VALUE OUR

FARMLAND AND WE VALUE THE SOILS THAT FEED ALL OF US AND OUR FAMILIES AND

ALL OF OUR CONSTITUENTS' FAMILIES THAT -- THAT WE DO SOMETHING ABOUT

PROTECTING THEM IN -- AS MUCH AS WE CAN IN THE PROCESS OF ENGAGING IN

OUR CLIMATE GOALS AND TRYING TO REACH THOSE GOALS.

SO, I AM PROUD TO VOTE IN THE AFFIRMATIVE FOR THOSE

REASONS.

ACTING SPEAKER AUBRY: MRS. BARRETT IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 10, RULES REPORT NO. 278, THE CLERK WILL READ.

THE CLERK: SENATE NO. S07007, RULES REPORT NO.

278, SENATOR PERSAUD (A07726, L. ROSENTHAL). AN ACT TO AMEND THE

SOCIAL SERVICES LAW, IN RELATION TO ALLOWING PERSONS APPLYING FOR OR

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RECEIVING PUBLIC ASSISTANCE TO BE INTERVIEWED BY PHONE OR OTHER DIGITAL

MEANS; AND TO AMEND A CHAPTER OF THE LAWS OF 2021 AMENDING THE

SOCIAL SERVICES LAW RELATING TO ALLOWING PERSONS APPLYING FOR OR

RECEIVING PUBLIC ASSISTANCE TO BE INTERVIEWED BY PHONE, AS PROPOSED IN

LEGISLATIVE BILLS NUMBERS S.3223-A AND A.5414, IN RELATION TO THE

EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: OKAY. THIS -- THIS BILL ALLOWS

PERSONS APPLYING FOR OR RECEIVING PUBLIC ASSISTANCE TO BE INTERVIEWED

BY PHONE OR OTHER DIGITAL MEANS.

ACTING SPEAKER AUBRY: MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER. I'D LIKE TO

SPEAK ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SIMPSON: OKAY. THE CURRENT LAW AS IT SITS

RIGHT NOW ALLOWS FOR LOCAL A SOCIAL SERVICES DISTRICT TO DECIDE HOW THEY

COMMUNICATE WITH THEIR CLIENTS. THIS CHAPTER AMENDMENT WILL CHANGE

THAT AND GIVE THAT DISCRETION TO THE APPLICANT, THE PERSON THAT IS

RECEIVING THOSE BENEFITS OR REQUESTING THEM. I DON'T KNOW HOW THIS CAN

BE ACCOMPLISHED ON THE TELEPHONE. HOW DO YOU VERIFY THE IDENTITY OF

WHO YOU'RE SPEAKING WITH? HOW DO YOU DEVELOP A RELATIONSHIP AND

SEE EXPRESSIONS OF THE PERSON THAT IS ACTUALLY ASSISTING -- ASKING FOR

ASSISTANCE WITH BENEFITS? I THINK THERE'S A LOT OF POTENTIAL FOR FRAUD. I

THINK WE NEED TO MAINTAIN SUPPORT OF OUR LOCAL SOCIAL SERVICE DISTRICTS

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TO MAKE THAT DECISION OF WHEN THEY CAN COMMUNICATE DIGITALLY OR OVER

THE TELEPHONE. IT'S IMPOSSIBLE TO VERIFY THE IDENTITIES OF THESE PEOPLE.

SO, WITH THAT BEING SAID, I AM OPPOSED TO THIS BILL AND

I WILL BE VOTING IN THE NEGATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 7007. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS. THOSE WHO WISH TO VOTE IN

FAVOR OF IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE AND WE'LL

PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, MAJORITY MEMBERS

ARE GENERALLY IN FAVOR OF THIS PIECE OF LEGISLATION. I REMIND COLLEAGUES

THAT IF THERE ARE ANY EXCEPTIONS TO PLEASE CONTACT THE MAJORITY LEADER'S

OFFICE AT THE NUMBER PREVIOUSLY PROVIDED AND THEIR VOTES WILL BE

ANNOUNCED ACCORDINGLY.

THANK YOU, MR. SPEAKER.

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ACTING SPEAKER AUBRY: THANK YOU, MS.

HYNDMAN.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ACTING SPEAKER AUBRY: RULES -- PAGE 10,

RULES REPORT NO. 295, THE CLERK WILL READ.

THE CLERK: SENATE NO. S01519, RULES REPORT NO.

295, SENATOR BAILEY (A01921, PAULIN, COOK, CYMBROWITZ, ABINANTI,

GUNTHER, WEPRIN, HEVESI, STIRPE, DIPIETRO, BRABENEC, FAHY, COLTON,

NORRIS, BARRETT, PHEFFER AMATO, DINOWITZ, LALOR, ZEBROWSKI, STECK,

HUNTER, BRONSON, SOLAGES, PEOPLES-STOKES, DE LA ROSA, B. MILLER,

MORINELLO, FITZPATRICK, DICKENS, MAGNARELLI, PICHARDO, SANTABARBARA,

J.M. GIGLIO, D. ROSENTHAL, KIM, RODRIGUEZ, ABBATE, JONES, VANEL,

MCDONOUGH, AUBRY, L. ROSENTHAL, ENGLEBRIGHT, LAVINE, JOYNER,

SEAWRIGHT, M. MILLER, FERNANDEZ, FALL, REILLY, REYES, SALKA, WALLACE,

JACOBSON, JEAN-PIERRE, MANKTELOW, TAYLOR, BENEDETTO, STERN, GRIFFIN,

BUTTENSCHON, EICHENSTEIN, LUPARDO, WOERNER, ANGELINO, MCDONALD,

LEMONDES, JENSEN, LAWLER). AN ACT TO AMEND THE EDUCATION LAW, IN

RELATION TO THE USE OF ORAL MEDICATIONS BY OPTOMETRISTS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. PAULIN.

BUT WE WILL ASK MEMBERS, WE'RE ON DEBATE. WE'D LIKE

YOU TO SETTLE DOWN, KEEP YOUR CONVERSATIONS TO A MINIMUM. THE

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SERGEANT-AT-ARMS IS ADVISED THAT HE SHOULD REMOVE ANYBODY FROM THE

CHAMBER WHO IS NOT FOLLOWING THE RULES.

MS. PAULIN, AN EXPLANATION IS REQUESTED. PROCEED.

(PAUSE)

TAKE YOUR TIME, MS. PAULIN. WE'VE GOT ALL NIGHT.

AN EXPLANATION HAS BEEN REQUESTED, MS. PAULIN, BY

MR. RA.

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

SPEAKER. THIS BILL WOULD AUTHORIZE LICENSED OPTOMETRISTS WHO HAVE

RECEIVED CERTIFICATION TO PRESCRIBE CERTAIN ORAL MEDICATIONS.

ACTING SPEAKER AUBRY: MR. RA.

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

YIELD?

ACTING SPEAKER AUBRY: MS. PAULIN --

MS. PAULIN: YES, I WILL.

ACTING SPEAKER AUBRY: SHE YIELDS.

MR. RA: THANK YOU, MS. PAULIN. AND SORRY ABOUT

THAT, THAT YOU WERE OFF THE FLOOR FOR A MINUTE. BUT I KNOW YOU KNOW

THIS ISSUE WELL, SO YOU'RE ABLE TO JUMP RIGHT INTO IT. WE BASICALLY HAD

THE SAME CONVERSATION REGARDING THIS LAST YEAR, SO --

MS. PAULIN: DO I?

MR. RA: AND -- AND AS I SAID LAST YEAR, ANY OF OUR

COLLEAGUES, IN PARTICULAR IF YOU'VE EVER BEEN A HIGHER EDUCATION

COMMITTEE MEMBER, AT SOME POINT HAVE DEALT WITH THIS ISSUE, HAVE MET

WITH BOTH SIDES OF THIS ISSUE, BECAUSE -- BECAUSE IT'S ONE THAT'S BEEN

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AROUND FOR A WHILE. AND WHAT THIS DOES, MY UNDERSTANDING, AND I JUST

WANT TO CONFIRM WITH -- WITH SOME OF MY QUESTIONS, BUT CURRENTLY IN

NEW YORK STATE, AN OPTOMETRIST VERSUS AN OPHTHALMOLOGIST -- EVERY

NOW AND AGAIN I CAN SAY THAT, RIGHT, WITHOUT -- WITHOUT IT SCREWING UP --

AN OPTOMETRIST HAS THE ABILITY TO PRESCRIBE TOPICAL MEDICATION, BUT NOT

ORAL MEDICATION CURRENTLY, CORRECT?

MS. PAULIN: CORRECT.

MR. RA: SO WHAT THIS WOULD DO WOULD BE TO EXPAND

THE ABILITY -- OR EXPAND THAT ABILITY TO PRESCRIBE OPTOMETRISTS TO ORAL

MEDICATION.

MS. PAULIN: YES.

MR. RA: OKAY. AND ONE OF THINGS THAT WE'VE TALKED

ABOUT IN THE PAST WITH REGARD TO THAT IS, YOU KNOW, WHAT TYPE OF ORAL

MEDICATIONS THEY MIGHT BE PERMITTED TO PRESCRIBE. SO IF YOU CAN YOU

JUST GO THROUGH -- I ALREADY KNOW IT'S NOT UNLIMITED, THERE IS -- ARE

SPECIFIC TYPES OF MEDICATIONS OR MEDICATIONS TO TREAT CERTAIN AILMENTS

THAT THEY COULD PRESCRIBE UNDER THIS?

MS. PAULIN: YES. YOU WANT ME TO ACTUALLY LIST

THAT? BECAUSE IT'S RIGHT IN THE BILL. YOU KNOW -- YOU KNOW, IT'S VERY

LIMITED. AND I'M JUST TRYING TO FIND A CHART THAT WOULD ALLOW ME TO

RECITE IT WITHOUT HAVING TO LOOK IN THE ACTUAL BILL. BUT UM... GIVE ME

ONE MINUTE. HERE WE GO. SO, THE -- THERE'S TEN SPECIFIC -- THERE'S, YOU

KNOW, TEN -- TEN SPECIFIC DRUGS THAT ARE ACTUALLY LISTED. THEY'RE LISTED

GENERICALLY.

MR. RA: YES. AND THOSE SPECIFIC DRUGS -- IF I HAVE

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TROUBLE SAYING OPHTHALMOLOGIST, I CERTAINLY AM NOT GOING TO TRY TO

PRONOUNCE THOSE --

MS. PAULIN: I DON'T EITHER. I'M NOT GOING TO TRY --

MR. RA: -- THE NAMES OF THOSE MEDICATIONS.

MS. PAULIN: BUT IF ANYBODY WANTS THEM, I HAVE IT

AND YOU CAN LOOK RIGHT IN THE BILL.

MR. RA: I'M SURE -- I'M SURE OUR COLLEAGUE FROM --

FROM THE ALBANY AREA HERE WILL -- COULD TELL US HOW TO PRONOUNCE THEM.

MS. PAULIN: I KNOW HE'D BE VERY HAPPY TO.

MR. RA: SO ONE OF THE THINGS THAT OBVIOUSLY WE

ALWAYS TALK ABOUT WITH REALLY ANY SCOPE OF PRACTICE ISSUE, BUT CERTAINLY

WHEN IT COMES INTO PRESCRIBING DRUGS IS -- AND ONE OF THE OBJECTIONS

CERTAINLY THE OPHTHALMOLOGISTS HAVE IS THEIR LEVEL OF EDUCATION AND

TRAINING VERSUS THAT OF AN OPTOMETRIST. I KNOW THAT THERE'S BEEN

DIFFERENT ITERATIONS OF THE BILL, BUT CAN YOU JUST DESCRIBE WHAT LEVEL OF

TRAINING WOULD BE REQUIRED FOR AN OPTOMETRIST TO BE ABLE TO PRESCRIBE

THESE DRUGS?

MS. PAULIN: SURE. AND I COULD TALK ABOUT THE

CONTRAST AS WELL. SO WHEN YOU GO TO MEDICAL SCHOOL, YOU LEARN ABOUT

PHARMACOLOGY OR DRUGS, YOU KNOW, MAYBE A CLASS OR TWO.

OPTOMETRISTS HAVE OFTEN THE EXACT SAME PROFESSORS, IN FACT, THEY DO

HAVE THE SAME PROFESSORS IN NEW YORK CITY LEARNING EXACTLY THE SAME

MATERIAL. SO THEN YOU GET OUT YOU AND THEN WHAT DO YOU KNOW? YOU

KNOW VERY LITTLE, ESPECIALLY IF YOU'RE A DOCTOR WHOSE HAD TO TAKE SO

MUCH TRAINING IN SO MANY OTHER AREAS. SO DOCTORS PRIMARILY LEARN FROM

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A -- A DRUG COMPANY'S CONDUITS. THAT'S HOW THEY LEARN ABOUT DRUGS,

THAT'S FOR THE MOST PART. THEY'RE NOT REQUIRED TO TAKE ANY CONTINUING

EDUCATION SPECIFICALLY ON -- ON DRUGS. OR THEY MAY HAVE LEARNED FROM

A PHARMACIST LIKE JOHN. OPTOMETRISTS, ON THE OTHER HAND, BECAUSE OF

THIS BILL ARE GOING TO BE REQUIRED TO TAKE 18 DEVOTED CONTINUING

EDUCATION HOURS SOLELY ON LEARNING ABOUT THE -- THE FEW DRUGS

COMPARED TO THE UNLIMITED AMOUNT OF DRUGS THAT A DOCTOR WOULD BE

ABLE TO PRESCRIBE. THEY WILL HAVE TO TAKE 18 HOURS CONTINUING ED SOLELY

ON THOSE DRUGS. SO THEY WILL BE ENORMOUSLY PREPARED JUST ON THOSE

VERY FEW ORAL MEDICATIONS THAT THEY ARE ALLOWED TO PRESCRIBE.

MR. RA: AND SO THAT TRAINING, THAT 18 HOURS, IS THAT

ADDITIONAL CONTINUING EDUCATION OR IS THAT WITHIN THEIR CURRENT HOURS --

MS. PAULIN: IT'S ADDITIONAL. CURRENTLY THEY HAVE

36 HOURS OF CONTINUING ED AND THIS WILL ADD IT AND MAKE IT 54, WHICH --

WHICH IS THE SECOND-LARGEST -- OR SECOND MOST AMOUNT OF CONTINUING ED

IN NEW YORK STATE, THE HIGHEST BEING A DENTIST. AND IT'S THE MOST OF

ANY OPTOMETRIST ACROSS THE COUNTRY.

MR. RA: THANK YOU. AND THEN AFTER THE COMPLETION

OF THIS CONTINUING EDUCATION THERE'S A CERTIFICATION PROCESS OR EXAM THAT

WOULD BE REQUIRED?

MS. PAULIN: YES, WHICH IS SIMILAR TO OTHER

PROFESSIONS THAT SED ADMINISTERS.

MR. RA: OKAY. NOW, ONE OF THE OBJECTIONS THAT HAS

BEEN RAISED WAS THAT IN CONVERSATIONS -- AND I'M NOT SURE -- I BELIEVE AT

ONE POINT THE BILL MAY HAVE REFLECTED THIS, AND THAT WAS THAT IF A -- YOU

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KNOW, SOMEBODY -- AN OPTOMETRIST WERE TO GO THROUGH TRAINING, TAKE

THE TEST AND FAIL IT A CERTAIN NUMBER OF TIMES, I BELIEVE IT WAS THREE, THEY

WOULD HAVE TO RE-TAKE THE -- THE TRAINING COURSE. CAN YOU JUST DESCRIBE

WHY THAT'S NOT CURRENTLY IN THIS VERSION?

MS. PAULIN: OBVIOUSLY, THE TRAINING COURSE DID

VERY LITTLE TO PREPARE THEM AND WE ARE -- THEY ARE AWARE THAT THEY FAILED.

THEY MAY NEED INDIVIDUAL TUTORING, THEY MAY NEED TO STUDY IN A CERTAIN

WAY, DIFFERENTLY. WE DON'T REQUIRE A TRAINING COURSE FOR ANYONE ELSE

THAT'S FAILED ANY OTHER EXAM IN NEW YORK STATE. SO IT SEEMED TO BE

MUCH MORE PRUDENT TO ALLOW SOMEONE WHO FAILED TO LEARN IN A WAY THAT

MAKES SENSE FOR THEM, WHETHER IT'S TAKING THE TRAINING COURSE OR NOT.

THEY OBVIOUSLY WANT TO PASS THE TEST.

MR. RA: OKAY. AND THEN THE -- THE LAST PIECE THAT,

YOU KNOW, THAT WAS IN A PREVIOUS VERSION AND IS NO LONGER HERE. THERE

WAS THIS OVERSIGHT COMMITTEE THAT WOULD HAVE BEEN HOUSED WITHIN THE

STATE EDUCATION DEPARTMENT. THAT IS NOT IN THIS VERSION OF THE BILL,

CORRECT?

MS. PAULIN: THAT'S CORRECT. THAT WAS AN

AGREEMENT THAT WE WERE HAPPY TO ENTERTAIN. THE TWO PROFESSIONS HAD

AGREED. HOWEVER, THE STATE EDUCATION DEPARTMENT STRONGLY OBJECTED

TO THAT PROVISION, SAYING IT WAS TOO EXPENSIVE, UNNECESSARY AND THAT

THEY WERE VERY CAPABLE OF THE OVERSIGHT AND -- AND, IN FACT, THAT

OVERSIGHT WAS MORE WORK FOR SED AND NOT GOING TO PROVIDE ANY

ADDITIONAL INFORMATION, SO WE TOOK IT OUT.

MR. RA: OKAY. NOW, JUST TO THAT POINT, WITH --

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WITHOUT THAT, WHAT IS THE OVERSIGHT HERE WITH REGARD TO -- YOU KNOW,

THIS IS SOMETHING I KNOW MANY STATES DO ALLOW -- MOST STATES, IN FACT,

DO ALLOW AN OPTOMETRIST TO PRESCRIBE SOME ORAL MEDICATIONS. BUT WHAT

WILL BE THE KIND OF OVERSIGHT OR REVIEW AS WE'RE IMPLEMENTING THIS TO

ENSURE THE ADEQUACY OF -- OF THIS TRAINING COURSE AND CERTIFICATION THAT

HAPPENS?

MS. PAULIN: SO, SED HAS AN AUDIT PROCESS THAT

THEY USE FOR THESE KINDS OF THINGS AND THEY WOULD BE DOING IT HERE AS

WELL. AND, IN FACT, NEW YORK IS THE ONLY STATE NOW THAT DOESN'T ALLOW

OPTOMETRISTS TO PRESCRIBE AND ADMINISTER -- NOT PRESCRIBE -- YES,

PRESCRIBE, YOU KNOW, MEDICATION. YES, PRESCRIBE. SO -- SO THAT WE ARE

NOW -- WE WOULD BE IN LINE WITH ALL OF THE OTHER STATES IN THE UNITED

STATES ALLOWING THIS IF THIS BILL WAS PASSED.

MR. RA: OKAY. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

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

MR. RA: THANK YOU, SIR. THANK YOU TO THE SPONSOR

FOR ANSWERING THOSE QUESTIONS. LIKE I SAID, THIS IS A TOPIC THAT WE'VE

DISCUSSED BEFORE, YOU KNOW, AND WE'VE SEEN THROUGH THE COMMITTEE

PROCESS BEFORE, AND I -- I WOULD SAY CERTAINLY HAS BEEN AN EDUCATION FOR

ALL OF US ON -- YOU KNOW, ON THESE PROFESSIONS AND TRAINING LEVELS AND

EVERYTHING THAT THEY GO THROUGH. BUT I DO WANT TO JUST REITERATE THREE

QUICK POINTS, AND THESE ARE THE OBJECTIONS REALLY THAT HAVE BEEN RAISED

BY THE NEW YORK STATE OPHTHALMOLOGICAL SOCIETY AS WELL AS MANY

MEDICAL SOCIETIES THROUGHOUT NEW YORK STATE. AND ANY OF US WHO

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HAVE BEEN AROUND FOR A WHILE, LIKE I SAID, PARTICULARLY ON THE HIGHER

EDUCATION COMMITTEE, KNOWS THAT WHEN YOU DEAL WITH A SCOPE OF

PRACTICE BILL THERE'S ALWAYS GOING TO BE ONE SIDE AND ANOTHER; ONE THAT

FEELS LIKE THEY HAVE ADEQUATE TRAINING TO GET THIS ADDITIONAL AUTHORITY OR

THIS ADDITIONAL AREA WHICH THEY CAN PRACTICE IN, ANOTHER WHICH FEELS

THEY DON'T. ANOTHER WHICH FEELS THAT MAYBE THAT THIS OTHER PROFESSION

OR THIS OTHER LICENSE, YOU KNOW, ENTITY IS -- IS COMING INTO THEIR KIND OF

TURF, FOR LACK OF A BETTER WORD. AND -- AND THIS IS NO DIFFERENT. SO, OVER

THE YEARS I KNOW -- AND IT WAS ALMOST HARD TO KEEP UP WITH WHERE THE

TWO SIDES WERE ON THIS BECAUSE I KNOW THERE WERE EFFORTS TO GET THEM

TOGETHER AND FIND -- FIND A COMPROMISE. AND THE -- THE OBJECTIONS THAT

HAVE BEEN RAISED AS A RESULT BECAUSE THEY FELT THIS WAS THE PROPER

COMPROMISE, WAS NUMBER ONE, THE -- THE LEVEL OF TRAINING. THERE WAS A

REQUIREMENT OF ABOUT 39 HOURS OF TRAINING WHICH IS DOWN TO 18 IN THIS

BILL FOR THE TRIANNUAL TRAINING. THE SECOND WAS THAT REQUIREMENT WHICH

WE JUST MENTIONED THAT WOULD HAVE REQUIRED OPTOMETRISTS TO TAKE THE

CERTIFICATION COURSE AND FINAL -- FINAL EXAMINATION. IF THEY FAIL IT THREE

TIMES THEY'D HAVE TO RE -- RETAKE THE FINAL EXAMINATION. AND THEN THE

THIRD WAS KIND OF THOSE OVERSIGHT PROVISIONS. THERE WAS A -- AN ENTITY

THAT WOULD HAVE BEEN HOUSED WITHIN THE STATE EDUCATION DEPARTMENT

WHICH WOULD HAVE, YOU KNOW, REVIEWED SOME OF THESE ISSUES AS -- AS

THEY'RE IMPLEMENTING THIS. IT WOULD HAVE LASTED FOR FIVE YEARS. SO

THOSE ARE SOME OBJECTIONS THAT HAVE BEEN RAISED. BUT -- BUT I JUST WANT

TO AGAIN SAY IN MAYBE SOMEWHAT MORE GENERAL TERMS, YEAH, PERHAPS THE

TRAINING THAT WILL COME FROM THIS WILL BE, YOU KNOW, VERY SPECIFIC,

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OBVIOUSLY, TO THIS ISSUE AND THESE TYPES OF MEDICATIONS AND THAT'S GREAT.

BUT STILL, WHEN WE'RE TALKING ABOUT OPHTHALMOLOGISTS, WE'RE TALKING

ABOUT PHYSICIANS. WE'RE TALKING ABOUT DOCTORS WHO HAVE GONE THROUGH

A VERY WIDE BREADTH OF -- OF TRAINING AS THEY'VE GONE THROUGH SCHOOL

AND CAN DEAL WITH -- YES, IT'S THE PRESCRIBING TO TREAT A PARTICULAR

AILMENT, BUT I THINK I -- MAYBE I SHOULDN'T EVEN BE THE ONE TO SAY

BECAUSE I DON'T HAVE ANY MEDICAL TRAINING, BUT THEY SPEND A VERY LONG

TIME THROUGH THEIR EDUCATION LEARNING ABOUT SO MANY DIFFERENT THINGS

THAT YOU HAVE TO BE AWARE OF WHEN YOU'RE PRESCRIBING MEDICATIONS.

AND CERTAINLY WE ALL KNOW THAT ISSUES CAN COME UP IF A -- IF A

MEDICATION IS -- IS A MIS-PRESCRIBED, WHETHER IT'S MIXED WITH SOMETHING

ELSE OR -- OR WHETHER SOMEBODY HAS SOME AILMENT THAT -- THAT IT MAY

EXACERBATE. SO, I -- I THINK, YOU KNOW, DESPITE EFFORTS TO -- TO GET THESE

TWO ON THE SAME PAGE, WE'RE UNFORTUNATELY LEFT HERE WITH A BILL THAT THE,

YOU KNOW, MEDICAL SOCIETIES THROUGHOUT NEW YORK STATE REMAIN

OPPOSED TO, THAT THE NEW YORK STATE OPHTHALMOLOGICAL SOCIETY

REMAINS OPPOSED TO, AND AS A RESULT I'M GOING TO BE CASTING MY -- MY

VOTE IN THE NEGATIVE. BUT I CERTAINLY THANK THE SPONSOR FOR THE

DISCUSSION OF THE ISSUE AND -- AND FOR, YOU KNOW, HER CONTINUED WORK

TO TRY TO HELP ENSURE THAT PATIENTS THROUGHOUT THE STATE -- NO SECRET

HERE, I CERTAINLY HAVE EYEGLASSES AND I'VE BEEN SEEING EYE DOCTORS FOR A

VERY LONG TIME. SO, TRYING TO MAKE SURE PEOPLE HAVE ACCESS TO NOT JUST

THOSE TYPES OF SERVICES, BUT CERTAINLY ILLNESSES THAT CAN ARISE THROUGH

THE EYES AND SPREAD TO OTHER PARTS OF THE BODY.

THANK YOU, MR. SPEAKER.

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ACTING SPEAKER AUBRY: MR. MONTESANO.

MR. MONTESANO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MONTESANO: THANK YOU. YOU KNOW, I -- I

WAS JUST TAKEN ABACK A LITTLE WHILE AGO BY LISTENING TO THE SPONSOR'S

EXPLANATION ABOUT TRAINING. AND THERE IS NO COMPARISON OF TRAINING

BETWEEN THE OPTOMETRIST AND AN OPHTHALMOLOGIST. YOU KNOW, AN

OPTOMETRIST GOES TO SCHOOL FOR THAT BASIC TRAINING TO BE AN OPTOMETRIST,

AND YES, THEY GET SOME SCHOOLING ABOUT THE PRESCRIBING OF MEDICATIONS.

EYE DROPS THAT THEY'RE ALLOWED TO GIVE OUT AND STUFF LIKE THAT. BUT

WHEN WE TALK ABOUT AN OPHTHALMOLOGIST, WE'RE TALKING ABOUT, FIRST,

SOMEONE THAT COMPLETES FOUR YEARS OF MEDICAL SCHOOL AND DID

ANYWHERE FROM THREE TO FIVE YEARS OF RESIDENCY IN THE SPECIALTY OF THE

EYES TO BE AN OPHTHALMOLOGIST. AND THEN IF THEY GO INTO A SUBSPECIALTY

OF BEING A RETINAL SPECIALIST OR ANY OF THE TYPE OF SPECIALISTS, YOU KNOW,

CORNEAL SPECIALIST, THAT'S EVEN SEVERAL MORE YEARS ON TOP OF THAT. AND

ONE OF THE BIGGEST OBJECTIONS THAT I FIND AND THE OPHTHALMOLOGISTS FIND

IS THAT OPTOMETRISTS WHO WANT TO START DISPENSING THESE ORAL

MEDICATIONS FOR CERTAIN PATIENTS THAT HAVE DISEASES OF THE EYES ARE NOT

TRAINED TO RECOGNIZE THOSE DISEASES OR TREAT THEM. THEY SHOULDN'T BE

TREATING THESE PATIENTS TO BEGIN WITH. THESE PATIENTS SHOULD BE TREATED

BY AN OPHTHALMOLOGIST. BECAUSE OF THE SEVERITY OF THOSE DISEASES OF

THE EYES THAT ARE GOING TO REQUIRE THESE TYPES OF ORAL MEDICATIONS, THEY

SHOULD BE UNDER THE CARE OF A MEDICAL DOCTOR SPECIALIZING IN EYE

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DISEASES. SO, YOU KNOW, I WAS QUITE SURPRISED THE EMPHASIS WAS PUT

ON TRAINING ABOUT THE DISPENSING OF MEDICATION. AND SO YEAH, THE MDS

CAN MAYBE GET TWO HOURS OR SEVERAL DAYS OF THE TRAINING, OPTOMETRISTS

GET SEVERAL DAYS OF THE TRAINING. THAT'S, YOU KNOW, MINIMIZING WHAT

THE TRAINING IS TO RECOGNIZE THE ILLNESSES AND TREAT THE ILLNESSES. WE

COULD SIT ANYBODY IN A CLASSROOM AND GIVE THEM SOME INSTRUCTION ON --

ON DISPENSING ORAL MEDICATIONS. IT'S KNOWING HOW TO RECOGNIZE THE

UNDERLYING DISEASES THAT YOU'RE TREATING, HOW TO TREAT THEM. NOW,

LOOKING FOR A -- A SCOPE OF PRACTICE. NOW FIRST OF ALL, THE

OPHTHALMOLOGIST, LIKE ANY OTHER DOCTOR, HAS TO TAKE CONTINUING MEDICAL

EDUCATION COURSES. AND IN THOSE COURSES IT'S DICTATED WHAT'S NEW IN THE

AREA, NEW TECHNOLOGY, NEW MEDICATIONS, NEW TECHNIQUES IN TREATING THE

DISEASES OF THE EYES, SURGICAL PROCEDURES AND THINGS OF THAT NATURE.

ALSO ABOUT THE PHARMACOLOGY TRAINING. AND THE PREVIOUS SPEAKER

TOUCHED ON IT, ABOUT WHAT UNDERLYING ILLNESSES DO PEOPLE HAVE IN

ADDITION TO THE EYE PROBLEMS THAT YOU HAVE TO CONSIDER IN THE -- IN

DISPENSING ORAL MEDICATIONS. SO THERE'S A LOT INVOLVED HERE. AND, YOU

KNOW, IT'S NOT A TRIVIAL ISSUE TO EXPAND THIS SCOPE OF PRACTICE. IF THEY

WANT -- IF THEY WANT TO BE AN OPHTHALMOLOGIST, IF THEY WANT TO DISPENSE

THOSE KIND OF MEDICATIONS, THEN I SUGGEST THE OPTOMETRIST GOES BACK TO

MEDICAL SCHOOL AND GETS TRAINED IN THAT SPECIFIC AREA, BECOMES AN MD

FIRST AND THEN UNDERGOES THE TRAINING TO BE AN OPHTHALMOLOGIST. BUT

THEY PICKED OR CHOOSE THE PROFESSION THAT THEY WANTED TO GO INTO. IT'S

-- YOU KNOW, IT'S THE SAME WAY -- YOU KNOW, OPTOMETRISTS CAN PRESCRIBE

-- CAN DISPENSE EYEGLASSES. NOT ONLY WRITE THE PRESCRIPTION, BUT

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DISPENSE IT, AND OPHTHALMOLOGISTS DO NOT. EVERY -- SO THEY'LL WRITE

PRESCRIPTIONS FOR EYEGLASSES BUT NOT DISPENSE THEM. SO EVERYBODY HAS

THEIR PARTICULAR AREA OF TRAINING AND THEIR EXPERTISE. AND TO TRY AND SAY

ONE IS EQUAL TO THE OTHER JUST BECAUSE WE CAN SEND THEM TO SCHOOL FOR

18 HOURS TO LET THEM LEARN SOMETHING ABOUT ALL THE MEDICATIONS, THAT --

THAT'S NOT EVEN A THIRD OF WHAT THAT TRAINING HAS TO BE. AND I THINK, YOU

KNOW, WE CONTINUALLY MOVE ALONG WITH ADMITTING OTHER PROFESSIONS

AND TRAINED PERSONNEL INTO THE EXPANSION OF THE MEDICAL PROFESSION OR

INTO THE DOCTOR'S ROLE ITSELF, AND WE'RE KIND OF REDUCING THE DOCTOR TO NO

ONE. LIKE ANYONE CAN -- CAN BE A DOCTOR. ANYBODY CAN DO THE DOCTOR'S

JOB IF YOU SEND THEM TO SCHOOL FOR A FEW ADDITIONAL HOURS OR ANOTHER

YEAR OR TWO OF TRAINING. IN ORDER TO DO WHAT THESE DOCTORS DO AS

OPHTHALMOLOGISTS, RETINAL SPECIALISTS, CORNEAL SPECIALISTS, WE HAVE

PEDIATRIC SPECIALTIES, WE HAVE THOSE THAT CAN HANDLE THE DISABLED WITH

CERTAIN ILLNESSES THAT THEY HAVE. TREATING THE PEOPLE THAT ARE BLIND OR

HAVE DEGENERATIVE DISEASES THAT LEAD TO BLINDNESS FROM CHILDHOOD, THEY

INHERIT PROBLEMS AND THEY EVENTUALLY GO -- GO BLIND. AND -- AND THIS

I'VE BEEN EDUCATED ABOUT FROM THE HELEN KELLER ORGANIZATION, AND I

VISITED WITH MANY CHILDREN THAT ARE BORN WITH GENETIC PROBLEMS AND AS

THEY GET OLDER THEY -- THEY CONTINUALLY LOSE THEIR EYESIGHT. THESE ARE ALL

SPECIALTY-TYPE OF AREAS, AND THESE PEOPLE CANNOT BE TREATED BY AN

OPTOMETRIST. THEY HAVE TO HAVE AN OPHTHALMOLOGIST. SO WHEN WE START

TALKING ABOUT EXPANDING THE SCOPE OF PRACTICE, WE'VE GOT TO THINK REAL

HARD. AND EVERY TIME WE GO THROUGH THIS WE HAVE TO HEAR, WELL, IF WE

DO THIS WE MAKE MEDICAL CARE MORE AVAILABLE FOR A LOT OF OTHER PEOPLE.

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AND, YOU KNOW, THAT MIGHT BE IN A SUPER SPECIALTY. THIS IS NOT THAT

CASE. PEOPLE -- I'VE NEVER HEARD OF ANYBODY COMPLAIN THAT THEY CAN'T

GET SEEN OR RECEIVE SERVICES FROM AN OPHTHALMOLOGIST. IT'S -- IT'S JUST --

IT'S JUST A POOR EXCUSE. SO I THINK IF WE WANT TO PROTECT OUR PEOPLE AND

WE WANT TO DO WHAT'S RIGHT, WE DON'T DO THIS TYPE OF EXPANSION SCOPE OF

PRACTICE. AND IF I MAY JUST ADD, BECAUSE WE HEAR THIS A LOT WITH A LOT OF

THE BILLS THAT WE DEBATE AND WE COMPARE OURSELVES TO OTHER STATES. YOU

KNOW, NEW YORK IS KIND OF UNIQUE IN A LOT OF THINGS THAT IT DOES.

ESPECIALLY IN THE -- IN THE SCOPE OF MEDICAL CARE THAT -- THAT -- THAT'S

AVAILABLE HERE. YOU KNOW, WE TALK TO PEOPLE, THEY MOVE TO DIFFERENT

STATES OR THEY WANT TO MOVE TO A DIFFERENT STATE. ONE OF THE FIRST THINGS

I TALK ABOUT IS WHAT'S THE AVAILABILITY OF MEDICAL CARE? WHAT KIND OF

HOSPITALS DO WE HAVE? WHAT KIND OF TEACHING AND RESEARCH HOSPITALS

DO WE HAVE IN THESE PLACES? NO ONE COULD HOLD A CANDLE TO -- TO NEW

YORK WHEN IT COMES TO WHAT WE HAVE AVAILABLE HERE IN -- IN TRAINED

PERSONNEL AND MEDICAL FACILITIES AND -- AND RESEARCH FACILITIES. SO THE

OTHER STATES DO A LOT OF THINGS. IT DOESN'T ALWAYS MEAN THEY'RE RIGHT

WHEN THEY DO IT. SO WE DON'T HAVE TO JUMP AND FOLLOW THEM FOR

EVERYTHING WE DO. AND I KNOW IN THE PAST WE'VE BEEN -- YOU KNOW, THE

HIGHER EDUCATION COMMITTEE AND STATE ED, THEY'VE ALWAYS BEEN VERY

CAREFUL IN HANDLING THESE TYPES OF MATTERS AND I THINK WE NEED TO KEEP

ON BEING CAREFUL AND DILIGENT. OTHER STATES MAY ALLOW OPTOMETRISTS TO

DO CERTAIN THINGS WITH ORAL MEDICATIONS, BUT WE DON'T KNOW THE SCOPE

OF, FIRST, THE TRAINING THAT THEY RECEIVE. WE DON'T KNOW THE SCOPE OF

WHAT ORAL MEDICATIONS THEY DO LET THEM GIVE OUT AND -- AND WHAT TYPES

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OF DISEASES THEY ALLOW THEM TO TREAT OTHER THAN THOSE THAT HAVE TO GO TO

AN OPHTHALMOLOGIST.

FOR THOSE REASONS I'LL BE VOTING IN THE NEGATIVE. AND

I'M GOING TO ASK ALL OF MY COLLEAGUES TO REALLY GIVE THIS ONE SOME

SERIOUS CONSIDERATION AND -- AND THINK ABOUT IT AND TO VOTE IN THE

NEGATIVE ALSO. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SALKA.

MR. SALKA: MR. SPEAKER, WILL THE SPONSOR YIELD

FOR A QUESTION?

MS. PAULIN: I WOULD BE HAPPY TO.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. SALKA: THANK YOU, MS. PAULIN. COULD YOU

TELL ME IF THERE HAS BEEN ANY TYPE OF STUDY DONE ON THE AVAILABILITY OF

BOTH THESE PROFESSIONS AS OPPOSED TO -- YOU KNOW, WHAT -- WHAT ARE THE

NUMBERS? ARE THERE -- IS THERE A SHORTAGE OF OPHTHALMOLOGISTS IN -- IN

NEW YORK STATE OR -- OR LESS OPHTHALMOLOGISTS THAN OPTOMETRISTS?

MS. PAULIN: I HAVE A MAP HERE, I'D BE HAPPY TO

SHARE, WHICH SHOWS THAT IN 15 COUNTIES -- 15 COUNTIES IN NEW YORK

STATE THERE ARE ABSOLUTELY NOT ONE OPHTHALMOLOGIST. THERE ARE

OPTOMETRISTS IN THOSE COUNTIES, BUT NOT ONE OPHTHALMOLOGIST. SO, IF YOU

HAVE GLAUCOMA AND YOU NEED A MEDICATION RIGHT AWAY IN ORDER TO

SUPPRESS THE PRESSURE, YOU HAVE TO GO TO LONG ISLAND. YOU KNOW, YOU

HAVE TO GO TO LOWER WESTCHESTER, YOU HAVE TO GO SOMEWHERE WHERE

THERE MIGHT BE AN OPHTHALMOLOGIST. AND THEN YOU HAVE TO FIRST GET AN

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APPOINTMENT AND GET IT WITHIN THE 24 HOURS THAT WOULD BE NECESSARY TO

TAKE THAT PRESSURE OFF YOUR EYE WITHOUT DOING DAMAGE TO IT. SO THERE'S

REALLY A DEARTH OF OPHTHALMOLOGISTS AROUND THIS STATE IN MANY OF THE

RURAL AREAS IN PARTICULAR. BUT 15 COUNTIES -- SOME YOU'D EVEN BE

SURPRISED ABOUT -- HAVE ABSOLUTELY NOT ONE OPHTHALMOLOGIST.

MR. SALKA: YEAH, I'D VENTURE TO SAY THAT A LOT OF

THOSE COUNTIES MIGHT BE RURAL COUNTIES BECAUSE WE'VE ALWAYS HAD RURAL

COUNTIES -- PROBLEMS WITH FINDING SPECIALISTS IN JUST ABOUT ANY KIND OF

FIELD, FOR THAT MATTER.

MS. PAULIN: YEAH. I MEAN, I -- HERKIMER, LEWIS,

HAMILTON, ESSEX, WASHINGTON, MADISON, YATES, LIVINGSTON, SULLIVAN,

DELAWARE, RIGHT NEAR HERE, YOU KNOW, GREENE, SCHOHARIE DO NOT HAVE

OPHTHALMOLOGISTS.

MR. SALKA: RIGHT. RIGHT. SO THOSE -- I -- I -- I'M

PRETTY SURE THOSE ARE -- ARE PRETTY RURAL COUNTIES. I KNOW THAT MY

COUNTY -- MY HOME COUNTY OF MADISON COUNTY, IT'S A VERY RURAL COUNTY

AND I -- I THINK WE MAYBE HAVE ONE OR TWO OPHTHALMOLOGISTS AT -- AT THE

MOST. SO, BUT -- SO THERE'S NO DOUBT THAT OPTOMETRISTS FILL A DEFINITE

NEED AND WE CAN SAY IN PARTICULAR IN A RURAL COUNTY.

MS. PAULIN: THEY PROVIDE THE ACCESS TO -- TO ALLOW

SOMEONE TO KEEP THEIR EYESIGHT OFTEN. THEY ARE DOCTORS. THEY ARE

CONSIDERED A DOCTOR OF OPTOMETRY AFTER FOUR ADDITIONAL YEARS POST-

GRADUATE EDUCATION, AND THEY ARE EXPERTS IN EYE CARE. NOT JUST GIVING

OUT GLASSES, THEY -- WE HAVE ONE OF THE MOST PRESTIGIOUS SCHOOLS IN

NEW YORK CITY AND THEY ARE NOT ALLOWED TO DO THEIR FULL SCOPE OF

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PRACTICE AND WE'RE THE ONLY STATE THAT DOESN'T ALLOW THEM.

MR. SALKA: RIGHT. AND -- AND WE ALL KNOW THAT

AMERICAN MEDICAL EDUCATION IS PROBABLY SOME OF THE FINEST QUALITY

EDUCATION IN THE WORLD, REGARDLESS OF WHAT YOU'RE STUDYING; M.D.,

O.D., CHIROPRACTOR. WE HAVE SOME OF THE HIGHEST STANDARDS IN THE

WORLD AND SOME OF THE HIGHEST REQUIREMENTS.

MS. PAULIN: NO QUESTION.

MR. SALKA: SO, THE COMPETENCY OF THESE

PROFESSIONS IS USUALLY NOT CALLED INTO QUESTION UNLESS THEY DID

SOMETHING REALLY NEGLIGENT.

MS. PAULIN: AND -- AND THESE SAME PROFESSIONALS

ARE USING THESE SKILLS ELSEWHERE AND THEY CAN'T DO IT IN NEW YORK.

MR. SALKA: OKAY. THANK YOU. THANK YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SALKA: MR. SPEAKER, I'M GLAD TO BE A SPONSOR

ON THIS BILL. I TALKED TO SEVERAL DOCTORS OR OPTOMETRISTS, AND ONE STORY

THAT WAS RELATED TO ME WAS THAT A OPTOMETRIST SAW A PATIENT ON A FRIDAY,

LATE ON A FRIDAY, AND IT WAS APPARENT THAT THIS PATIENT NEEDED

MEDICATION AND HAD TO SEND THAT PATIENT TO THE EMERGENCY DEPARTMENT

JUST TO BE PRESCRIBED THAT MEDICINE. IT'S NOT ONLY PRACTICAL, BUT FROM A

CLINICAL STANDPOINT IT COULD PROBABLY BE SOMETHING THAT COULD BE

DELETERIOUS TO THEIR, YOU KNOW, TO THEIR -- TO THEIR HEALTH.

SO, I -- AGAIN, I'M GLAD TO BE A SPONSOR ON THIS BILL. I

SEE THAT IT FULFILLS A DEFINITE NEED IN -- IN CLINICAL CARE THAT WE NEED IN

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RURAL AREAS, AND I'LL BE VOTING IN THE AFFIRMATIVE ON THIS AND I THANK THE

SPONSOR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. MCDONALD.

MR. MCDONALD: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MCDONALD: SO -- AND I'VE BEEN HERE NINE

YEARS, I HAVE TO ADMIT THE FIRST COUPLE OF YEARS WHEN THIS BILL WAS

PRESENTED I WASN'T REALLY TOO KEEN ON IT. I ACTUALLY HAD RESERVATIONS.

AND OVER THE YEARS, TO THE CREDIT OF THE SPONSOR, SHE'S BEEN NARROWING

IT DOWN A LITTLE BIT, NARROWING IT DOWN WITH SOME OF THE CATEGORIES OF

MEDICATIONS AND ITEMS LIKE THAT. SO THIS IS WHY I DID GET ON THE BILL AND

SUPPORT THE BILL. AND AT THE SAME TOKEN -- AND IT'S NO DISPARAGING

COMMENT TO THE OPHTHALMOLOGISTS. I MEAN, IN ALL FAIRNESS I -- YOU

KNOW, I -- I GET THE WHOLE SCOPE OF PRACTICE THING. THE POOR HIGHER ED

CHAIR HEARS FROM ME QUITE REGULARLY ON A LOT OF DIFFERENT AREAS. AND

THIS IS KIND OF ONE OF THOSE PUSH-PULL TYPE SITUATIONS. BUT IN MY

EXPERIENCE AS A HEALTH CARE PROFESSIONAL, THE MAJORITY OF OPTOMETRISTS

HAVE WORKING RELATIONSHIPS WITH OPHTHALMOLOGISTS ALREADY IN PLACE.

AS A MATTER OF FACT, MY OPTOMETRIST WAS ACTUALLY ENCOURAGED BY THE

OPHTHALMOLOGIST TO GO ON AND GET ADVANCED DEGREES BECAUSE THE REALITY

IS, EVEN HERE IN THE CAPITAL REGION WHERE THERE'S NOT A LOT OF

OPHTHALMOLOGISTS, THEY HAVE MUCH MORE EXPANSIVE THINGS TO BE

WORKING ON. IT DOESN'T MEAN THAT THESE AREN'T IMPORTANT, BUT THE REALITY

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IS MANY TIMES WHEN PEOPLE GO IN FOR A REGULAR OPTOMETRIST

APPOINTMENT, THE OPTOMETRIST CAN ADDRESS CERTAIN THINGS. YOU KNOW, IN

-- IF YOU READ THE LEGISLATION, I WILL ADMIT IF SOMEBODY SEES THE WORD

"IMMUNOSUPPRESSANT", THEY GET A LITTLE MORE EXCITED ABOUT IT. WELL,

IMMUNOSUPPRESSANTS ARE USED FOR SOMETHING CALLED DRY EYES. I THINK

WE KNOW WHAT DRY EYES ARE, AND WE KNOW AS WE GET OLDER THAT

BECOMES MORE PREDOMINANT. IT'S APPROPRIATE THAT THAT'S INCLUDED IN THIS

LEGISLATION. I THINK IT'S ALSO IMPORTANT TO KNOW THAT, YOU KNOW, THE

EDUCATION DEPARTMENT WILL BE CHARGED WITH THE RESPONSIBILITY OF

APPROVING THE PROGRAMS. NOT APPROVING EACH INDIVIDUAL, BUT

APPROVING THE PROGRAMS. AND I THINK THAT'S AN IMPORTANT ASPECT.

THERE ARE MANY PROGRAMS ESTABLISHED NATIONALLY THAT SED CAN REVIEW

AND SAY THIS MAKES SENSE. AND I THINK IT'S IMPORTANT TO KNOW THAT THIS

ISN'T A FLY-BY-NIGHT COURSE BY ANY STRETCH OF THE IMAGINATION. THEY ARE

INTENSIVE. I'VE GONE THROUGH IT MYSELF, DEALING WITH THE IMMUNIZATION

COMPONENT OVER -- OVER 15 YEARS AGO. AND I ALSO WANT TO STRESS THAT

IT'S NOT FOR EVERY PROVIDER. JUST BECAUSE THIS PRIVILEGE MAY BE EXTENDED

THROUGH THIS LEGISLATION DOES NOT MEAN EVERY OPTOMETRIST IS GOING TO DO

IT. SO, IT SHOULDN'T BE LOOKED AS -- WITH RESPECT TO THE OPHTHALMOLOGIST,

IT SHOULD BE LOOKED AT AS THIS IS A WAY TO HAVE A COMPANION OUT THERE IN

THE COMMUNITY. I CAN TELL YOU FROM MY OWN EXPERIENCE IN PHARMACY,

MANY A WEEKENDS, MANY A NIGHTS WE GET THE PHONE CALLS, I WANT TO

PRESCRIBE -- I'D LIKE TO PRESCRIBE THIS BECAUSE THE PATIENT HAS SHINGLES,

I'VE GONE THROUGH ALL THE CRITERIA. I'VE HAD SITUATIONS WHERE A PERSON

HAD SOMETHING SIMPLE LIKE CONJUNCTIVITIS, WHICH REALLY SHOULD NOT HAVE

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TO RESORT IN A VISIT TO THE ER THAT CAN RACK UP $4- OR $500 TO THE HEALTH

CARE SYSTEM. IT'S SOMETHING THAT COULD BE EASILY ADDRESSED WITH AN

OPTOMETRIST WHO WILL BE MAKING THAT REFERRAL TO THE OPHTHALMOLOGIST IN

SHORT ORDER.

SO, I DO SUPPORT THE LEGISLATION. I THANK THE SPONSOR

FOR HER PERSISTENCE. THIS HAS BEEN SOMETHING THAT EVERY YEAR FOR THE

NINE YEARS I'VE BEEN HERE WE'VE BEEN HEARING ABOUT, AND HOPEFULLY MY

COLLEAGUES WILL TAKE SOME OF THOSE COMMENTS TO HEART. THANK YOU.

ACTING SPEAKER AUBRY: MR. SMULLEN.

MR. SMULLEN: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SMULLEN: YEAH, I JUST WANTED TO SPEAK OUT IN

FAVOR OF THIS BILL. TWO OF THE COUNTIES THAT WERE RECITED ARE ACTUALLY

COUNTIES THAT I REPRESENT, WHICH IS THE LARGEST ASSEMBLY DISTRICT IN

NEW YORK STATE. AND -- AND THAT'S VERY IMPORTANT BECAUSE I THINK

RURAL EQUITY SHOULD BE ABSOLUTELY CONSIDERED WHEN WE MAKE THESE

LEGISLATIVE DECISIONS LIKE WE'RE GOING TO MAKE TONIGHT ON A BILL SUCH AS

THIS. IT ONLY MAKES COMMON SENSE WHEN IT'S SOMETHING THAT YOU HAVE

TO PHYSICALLY BE SEEN BY A MEDICAL PROFESSIONAL, SUCH AS AN EYE

PROBLEM, WHERE YOU HAVE A CHOICE IN THE MATTER. IT DOESN'T FIT EVERY

SITUATION WHERE THE SCOPE OF PRACTICE FOR AN OPTOMETRIST AND AN

OPHTHALMOLOGIST WOULD BE IDENTICAL. BUT AT LEAST YOU'RE GETTING TO A

PROFESSIONAL WHO'S A DOCTOR AND WHO THEN CAN NOW ACCESS THE HEALTH

CARE SYSTEM AND PRESCRIBE, AND USING TELEMEDICINE IN THE MODERN

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PHARMACY SYSTEM TO BE ABLE TO GET THE RIGHT PRESCRIPTION TO THAT PERSON

AS QUICKLY AS POSSIBLE OR REFER THEM TO MORE SPECIALIZED CARE WHICH ARE

MORE TYPICALLY FOUND IN DENSE URBAN AREAS.

SO I'M VERY MUCH IN FAVOR OF THIS BILL, APPRECIATE THE

DEBATE AND -- AND THANK THE SPONSOR FOR BRINGING IT FORWARD. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 540TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE SENATE PRINT 1519. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. AS EVIDENCED BY

THE THOUGHTFUL COMMENTS TODAY, THERE ARE TWO SCHOOLS OF THOUGHT. ONE

SCHOOL IS THAT ONLY OPHTHALMOLOGISTS SHOULD BE ALLOWED TO PRESCRIBE

ORAL MEDICATION, AND THE OTHER IS THAT OPTOMETRISTS OUGHT TO BE ABLE TO

PRESCRIBE AT LEAST SOME ORAL MEDICATIONS. I WILL BE SUPPORTING THIS

BECAUSE OPHTHALMOLOGISTS ALREADY CAN PRESCRIBE TOPICAL TREATMENTS,

DROPS, EYE DROPS, FOR EXAMPLE. AND AS MENTIONED BY ONE OF MY

COLLEAGUES, OFTENTIMES THERE'S A -- A TIMELINESS ISSUE THAT'S INVOLVED.

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AND SO IF THE OPHTHALMOLOGIST SEES A PROBLEM, IT'S OFTEN VERY IMPORTANT

FOR THE HEALTH OF THE EYE THAT THE PATIENT RECEIVE IMMEDIATE TREATMENT

RATHER THAN TRYING TO EITHER GO THROUGH AN EMERGENCY ROOM OR ARRANGE

AN APPOINTMENT WITH ANOTHER PROFESSIONAL. AS MENTIONED BY MY

COLLEAGUES, OF COURSE, PATIENTS AT LEAST ALWAYS HAVE THE CHOICE OF GOING

TO AN OPHTHALMOLOGIST OR AN OPTOMETRIST, AND THAT'S THEIR CHOICE. AND

CERTAINLY EACH PROFESSION HAS ITS ADVANTAGES. LAST YEAR WE HAD SIX --

16 OR 18 NO VOTES, BUT THE MAJORITY OF MY CONFERENCE WAS IN FAVOR OF IT

AND I WILL BE VOTING IN FAVOR.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

MR. MCDONOUGH TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. I AM VERY FORTUNATE IN THAT MY WHOLE FAMILY FOR OVER

THREE YEARS HAS BEEN TREATED BY A WORLD-RENOWNED OPHTHALMOLOGIST

WHO TRAVELED ALL OVER THE WORLD LECTURING. AND HE'S DISCOVERED THINGS

THAT -- THAT OTHER MEDICAL CONDITIONS IN MY FAMILY. AND THE

OPHTHALMOLOGIST IS AN M.D., A FULL DOCTOR. AND HE HAS PRESCRIBED AND

HAS BEEN VERY SUCCESSFUL. AND SO MAINLY FROM MY EXPERIENCE I AM

VOTING -- I WILL BE DOWN ON THIS BILL SO I'LL BEEN VOTING IN THE NEGATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU. MR.

MCDONOUGH ON THE NEGATIVE.

MR. GOODELL.

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

NEGATIVE VOTES ON THE FLOOR, PLEASE RECORD THE FOLLOWING COLLEAGUES IN

THE NEGATIVE: MR. DIPIETRO, MR. MCDONOUGH, MS. MILLER, MR.

MONTESANO AND MR. SMITH.

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.

MS. HYNDMAN.

MS. HYNDMAN: THANK YOU, MR. SPEAKER. WE WILL

NOW GO TO THE FOLLOWING THREE BILLS ON DEBATE: RULES REPORT NO. 640

BY MR. RODRIGUEZ, RULES REPORT NO. 301 BY MR. EPSTEIN AND RULES

REPORT NO. 320 BY MS. JEAN-PIERRE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

HYNDMAN.

PAGE 30, RULES REPORT NO. 640, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07948, RULES REPORT

NO. 640, RODRIGUEZ, EPSTEIN, SIMON. AN ACT TO AMEND CHAPTER 17 OF

THE LAWS OF 2012 AMENDING THE LEGISLATIVE LAW RELATING TO

REDISTRICTING OF CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS, IN

RELATION TO THE SUBMISSION OF A PLAN FOR REDISTRICTING OF CONGRESSIONAL,

SENATE AND ASSEMBLY DISTRICTS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

AN EXPLANATION IS REQUESTED, MR. RODRIGUEZ.

MR. RODRIGUEZ: THANK YOU, MR. SPEAKER. THIS

PIECE OF LEGISLATION IS TO CLARIFY THAT IN THE EVENT THAT THE REDISTRICTING

COMMISSION FAILS TO VOTE ON ANY REDISTRICTING PLAN OR PLANS BY THE DATE

THAT'S REQUIRED FOR SUBMISSION, THEN ALL THE PLANS IN THE POSSESSION OF

THE COMMISSION AND ANY UNDERLYING DATA AND WORK PRODUCT THAT THE

PLANS HAVE ARE BASED ON SHALL BE SUBMITTED TO THE LEGISLATURE FOR THE

PURPOSE OF CRAFTING AND IMPLEMENTING LEGISLATION.

ACTING SPEAKER ROZIC: MR. NORRIS.

MR. NORRIS: THANK YOU, MADAM SPEAKER. WILL

THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

MR. RODRIGUEZ: YES, I WILL.

ACTING SPEAKER ROZIC: WILL YOU YIELD, MR.

RODRIGUEZ?

MR. RODRIGUEZ: I DO.

ACTING SPEAKER ROZIC: THE SPONSOR YIELDS.

MR. NORRIS: THANK YOU, MADAM SPEAKER. MY

FIRST QUESTION IS -- IS, CURRENTLY, WHAT DOES THE CONSTITUTION REQUIRE AS IT

IS RIGHT NOW IN TERMS OF THE INDEPENDENT REDISTRICTING COMMISSION?

HOW MANY VOTES DOES THE COMMISSION HAVE TO VOTE -- YOU KNOW, TO

PUT FORTH A PLAN TO THE LEGISLATURE FOR APPROVAL?

MR. RODRIGUEZ: WELL, THAT -- THAT'S NOT ADDRESSED

SPECIFICALLY IN THIS LEGISLATION. THIS BILL IS SPECIFIC TO THE WORK PRODUCT

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OF THE COMMISSION AND -- AND THAT UNDERLYING NEED OF BEING SUBMITTED.

BUT WE HAVE AFFIRMED IN PREVIOUS CONSTITUTIONAL AMENDMENTS THAT

PROCESS FOR WHICH THE COMMISSION PROVIDES THEIR VOTES AND THE

NUMBER OF VOTES THAT ARE REQUIRED.

MR. NORRIS: OKAY. AND THERE'S ALSO A PENDING

AMENDMENT WHICH WE PASSED OVER TWO LEGISLATURES AND IT'LL BE ON THE

BALLOT THIS YEAR FOR ADJUSTMENTS TO THE INDEPENDENT REDISTRICTING

COMMISSION?

MR. RODRIGUEZ: CORRECT. CORRECT. WE PASSED

THE CONSTITUTIONAL AMENDMENT THROUGH SECOND PASSAGE THAT WILL BE

PRESENTED TO THE VOTERS.

MR. NORRIS: OKAY. NOW, WHY DO WE NEED TO HAVE

THIS AMENDMENT RIGHT NOW WHEN WE HAVE THAT PENDING CONSTITUTIONAL

AMENDMENT COMING UP FOR A VOTE FOR RATIFICATION BY THE VOTERS?

MR. RODRIGUEZ: YEAH, I THINK WHAT'S IMPORTANT

IS THAT THIS AMENDMENT HAS PASSED OUR HOUSE ON TWO PREVIOUS

INSTANCES, AND THE INTENT OF THE LEGISLATION IS TO HAVE THOSE RULES THAT WE

HAVE CODIFIED IN THAT CONSTITUTIONAL AMENDMENT GOVERN THAT PROCESS.

BUT THIS MAKES CLEAR THE -- THE INTENT BEHIND THE LEGISLATURE'S ACTIONS

AROUND THE COMMISSION PROVIDING THIS INFORMATION.

MR. NORRIS: DO YOU KNOW WHAT IS REQUIRED OF THE

COMMISSION RIGHT NOW IN TERMS OF SUBMITTING MAPS TO THE LEGISLATURE

UNDER THE CURRENT CONSTITUTION RIGHT NOW OR THEN AS AMENDED AS WELL IF

THE VOTES RATIFY?

MR. RODRIGUEZ: SURE. SO, TO -- TO RECAP -- AND

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THE REASON WHY THIS LEGISLATION IS IMPORTANT IS THAT UPON APPROVAL OF A

PLAN BY THE COMMISSION, THE PLAN AND IMPLEMENTING LEGISLATION ARE TO

BE SUBMITTED TO THE LEGISLATURE TO BE ACTED UPON. BUT THERE ARE NOT --

THERE ARE PROVISIONS THAT EXIST TO GUIDE THE PROCESS IN THE EVENT EITHER

THE HOUSE -- EITHER -- EITHER HOUSE IS NOT APPROVING OF THE LEGISLATION

OR A CASE -- IN THE CASE OF A VETO, BUT THERE ARE NOT PROVISIONS IN PLACE

IN THE CURRENT LAW TO GUIDE THE PROCESS IF THE COMMISSION DOES NOT

VOTE ON ANY PLAN. SO THIS LEGISLATION WOULD UPDATE THE LAW TO REFLECT

THE SAME PROCEDURE THAT IS IN THAT CONSTITUTIONAL AMENDMENT THAT

RECEIVED SECOND PASSAGE IN THIS BODY AND IS IN THE PROCESS OF BEING

PRESENTED TO THE VOTERS.

MR. NORRIS: AND WHAT IF IT DOESN'T PASS? WHAT

DOES THE CURRENT CONSTITUTION REQUIRE?

MR. RODRIGUEZ: I -- I THINK THAT'S THE -- THAT'S THE

ISSUE. IF IT DOESN'T PASS, THERE IS NOT DIRECTION ON WHAT HAPPENS IF THE --

IF THE BODY IS UNABLE TO TAKE A VOTE. ARE YOU -- IS THE QUESTION IF -- CAN

YOU REPEAT THAT?

MR. NORRIS: LET ME REPHRASE THE QUESTION. IN

TERMS OF WHICH MAPS DO THEY HAVE TO PRESENT TO THE LEGISLATURE? DO

THEY HAVE TO PRESENT ALL OF THE MAPS, JUST THE MAPS WITH THE MOST

VOTES? DO YOU KNOW WHICH MAP HAS TO GO TO THE LEGISLATURE UNDER THE

CURRENT CONSTITUTION?

(PAUSE)

MR. RODRIGUEZ: SO, THERE ISN'T ANY PROVISION FOR

-- IF THERE'S NO VOTE OF THE COMMISSION. AND IT -- SO CERTAINLY NOT ANY

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SPECIFICITY ON WHICH MAPS SPECIFICALLY WOULD -- WOULD BE PASSED AND

SENT ALONG. AND THOSE WOULD BE BOUND BY THE -- THE -- THE VOTE OF THE

COMMISSION. SO THIS LEGISLATION AIMS TO PROVIDE CLARITY TO THE --

COMMISSION ON WHAT THEY HAVE TO PROVIDE AND WHEN THEY HAVE TO

PROVIDE IT BY IN THE EVENT THAT THERE'S NO VOTE.

MR. NORRIS: SO WHAT IF THERE'S A FIVE-FIVE VOTE OF

THE COMMISSION AND WE APPROVE THIS? THEN WE GET ALL THE MAPS OR DO

WE JUST GET THE FIRST MAP OR WHAT?

(PAUSE)

MR. RODRIGUEZ: SO, IT'S NOT ADDRESSED -- THAT'S

ADDRESSED IN A DIFFERENT PIECE OF LEGISLATION. HOWEVER, IF THERE'S A VOTE

AND IT'S LESS THAN SEVEN THEN THOSE PLANS WOULD BE PRESENTED TO THE

LEGISLATURE.

MR. NORRIS: AND JUST -- I'M GOING TO ASK ONE MORE

TIME. WHY DO WE HAVE TO PASS THIS LEGISLATION RIGHT NOW WHEN THERE'S

A PENDING CONSTITUTIONAL AMENDMENT ON THE VOTE -- UP FOR A VOTE IN

NOVEMBER BY THE VOTERS?

MR. RODRIGUEZ: WELL, I -- I WOULD SAY THAT IN

ORDER FOR THE LEGISLATURE TO CARRY OUT ITS REDISTRICTING DUTIES, WE WANT TO

MAKE SURE THAT THE INFORMATION THAT THE COMMISSION HAD IS TRANSMITTED

TO THE LEGISLATURE IN THE TIME FRAMES THAT ARE MANDATED BY -- BY THE --

THE CONSTITUTIONAL PROVISION. SO I THINK IT'S IMPORTANT FOR US TO BE --

YOU KNOW, TAKE A BOOTS -- YOU KNOW, A BELT-TO-SUSPENDER APPROACH AND

MAKE SURE THAT IT'S CLEAR IN TERMS OF INTENT AND ACTION AND PRACTICE THAT

IF THERE'S NO VOTE, THAT INFORMATION MUST COME TO -- COME TO US TO BE

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ABLE TO MAKE A DELIBERATIVE DECISION.

MR. NORRIS: SO, IT'S MY UNDERSTANDING THAT THE

CURRENT MAKEUP OF THE COMMISSION HAS TWO LEADERS FROM EACH PARTY.

THEY ALSO HAVE TWO OTHER INDIVIDUALS THAT THEY'VE APPOINTED JOINTLY, SO

THERE'S TEN PEOPLE ALTOGETHER. NOW, THE LEGISLATURE LEADERSHIP HAS

APPOINTED EIGHT OF THOSE MEMBERS. SO IN THEORY, IF -- IF THERE'S A TIE,

FIVE-FIVE, THERE'S NO VOTE, THEY CAN'T COME TO A RESOLUTION, WHICH IS

CONTROLLED BY THE PARTY LEADERSHIP OR AT LEAST THESE APPOINTEES WERE

APPOINTED BY THEM, THIS COULD JUST GO ON AND ON AND ON. THEN WE'LL GET

ALL OF THE MAPS AND THE LEGISLATURE WOULD THEN DECIDE HOW

REDISTRICTING ACTUALLY TAKES PLACE.

MR. RODRIGUEZ: WELL, I THINK WE -- WE BELIEVE

THAT THIS BODY THAT THE VOTERS HAVE APPROVED PREVIOUSLY WILL BE ABLE TO

COME TO A -- A BIPARTISAN PRODUCT THAT PROVIDES FOR WHAT WE ALL ENVISION

IN TERMS OF AN INDEPENDENT REDISTRICTING COMMISSION. SO, YOU KNOW,

IT'S OUR BELIEF THAT THEY'RE GOING TO BE ABLE TO HOPEFULLY GET TO

SOMETHING THAT -- THAT WE CAN WORK WITH EITHER ON THE FIRST ATTEMPT OR

ON THE SECOND ATTEMPT. BUT IN THE EVENT THAT THEY DON'T GET THERE, THEY

SHOULD, AND THIS LEGISLATION WILL MAKE SURE, THAT THEY PROVIDE THAT WORK

PRODUCT, YOU KNOW, SO THAT LINES CAN BE DRAWN.

MR. NORRIS: THANK YOU VERY MUCH FOR ANSWERING

MY QUESTIONS. I APPRECIATE THAT.

MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER ROZIC: ON THE BILL.

MR. NORRIS: THIS SEEMS LIKE A VERY SIMPLE

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AMENDMENT TO THE STATUTE. IN THE EVENT THAT THEY DON'T PROVIDE, YOU

DON'T HAVE A VOTE, THEY CANNOT GET A MAJORITY TO DO THIS THEN WE GET ALL

THE MAPS. THE THING IS IS THIS: IS THAT THIS IS SUPPOSED TO BE AN

INDEPENDENT REDISTRICTING COMMISSION WHERE INDIVIDUALS WHO ARE

INDEPENDENT ACTUALLY DETERMINE WHO AND HOW THESE DISTRICTS ARE DONE.

THE VOTERS RATIFIED THAT BACK I BELIEVE IN 2014. EARLIER THIS YEAR WHAT

TOOK PLACE WAS A CHIPPING AWAY AT THAT WHEN WE PUT FORTH THIS

CONSTITUTIONAL AMENDMENT THIS YEAR. WE REDUCED IT EVEN FURTHER AND IT

TOOK AWAY THE VETO POWER OF THE MINORITY MEMBERS, FOR EXAMPLE, AND

SO MANY OTHER THINGS. WE LITIGATED THIS EARLIER IN THE YEAR. THE VOTERS

WILL DECIDE ON THAT, BUT THE THING IS IS THIS IS ANOTHER EXAMPLE OF THIS

LEGISLATURE TRYING TO REACH IN AND TAKE CONTROL OF THE INDEPENDENT

REDISTRICTING PROCESS, AND THAT'S MY PROBLEM WITH THIS BILL. IT'S JUST

ANOTHER CHIP AWAY AT MAKING SURE THAT THESE DISTRICTS ARE DRAWN IN A

FAIR AND OPEN AND A TRANSPARENT WAY BY THE COMMISSION, NOT BY

POLITICAL PARTISAN PEOPLE.

SO WITH THAT, MY POINT ABOUT THIS IS, AND LIKE THE

BUFFALO NEWS CALLED IT, THE FIRST PROPOSAL THAT WENT FORTH, A CON JOB.

THIS JUST CONTINUES TO WATER THIS DOWN AND MAKE IT LESS INDEPENDENT

EVERY STEP OF THE WAY AND FOR THOSE REASONS, I AM OPPOSED TO THIS BILL

AND I ENCOURAGE ALL OF MY COLLEAGUES TO OPPOSE IT AS WELL. THANK YOU,

MADAM SPEAKER.

ACTING SPEAKER ROZIC: MR. NORRIS IN THE

NEGATIVE.

MR. RA.

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

SPONSOR YIELD?

ACTING SPEAKER ROZIC: WILL YOU YIELD, MR.

RODRIGUEZ?

MR. RODRIGUEZ: YES, I WILL.

ACTING SPEAKER ROZIC: THE SPONSOR YIELDS.

MR. RA: THANK YOU, SIR. SO I JUST HAVE SOME FURTHER

QUESTIONS REGARDING THIS. SO, YOU KNOW, AS WE KNOW, THERE'S THE

CONSTITUTIONAL PROVISION THAT WAS -- THAT WAS ENACTED, OR PASSED BY OUR

VOTERS AND RATIFIED BY OUR VOTERS I GUESS WOULD BE THE PROPER WAY OF

PUTTING IT, I THINK BACK IN 2014. THERE IS THIS PENDING AMENDMENT, BUT

THERE'S ALSO, YOU KNOW, SOME LANGUAGE WITHIN STATUTE REGARDING THIS.

AND THIS INDEPENDENT REDISTRICTING COMMISSION, WHICH WE ALL KNOW IS,

YOU KNOW, HAD SOME STARTS AND STOPS HERE TRYING TO GET IT GOING AND IT

SEEMS TO FINALLY BE MOVING FORWARD, AND WE, YOU KNOW, FUNDED IT

WITHIN THE BUDGET THIS YEAR, AND WOULD YOU SAY THAT THE MAIN POWER OF

THIS REDISTRICTING COMMISSION IS TO COME UP WITH MAPS FOR THE

LEGISLATURE TO CONSIDER?

MR. RODRIGUEZ: YEAH, I WOULD SAY THE -- THE

LEGISLATIVE INTENT AROUND THE ENTIRE INDEPENDENT REDISTRICTING

COMMISSION IS THAT THIS BODY WOULD DELIBERATE AND PROVIDE

REDISTRICTING INFORMATION SO THIS LEGISLATURE -- AND MAKE IT A MORE, A

MORE PROCESS WITH RESPECT TO THE PUBLIC AND DOING THE OUTREACH

NECESSARY TO PROVIDE A WORK PRODUCT THAT INCORPORATES A SIGNIFICANT

AMOUNT OF INFORMATION FROM DIFFERENT STAKEHOLDERS.

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MR. RA: OKAY. SO MY CONCERN THEN IS THIS, I WOULD

-- I MEAN, I THINK THERE ARE PROVISIONS THAT DEAL WITH, LIKE YOURSELF AND

MR. NORRIS DISCUSSED, THE IDEA OF A VOTE THAT DOESN'T GET A MAJORITY OF

THE VOTES, WHAT HAPPENS IF, SAY, YOU HAVE A FIVE-FIVE VOTE THAT, YOU

KNOW, IF THERE'S MULTIPLE PLANS THAT HAVE GOTTEN THAT VOTE, THEY'RE

SUPPOSED TO SEND THEM OVER TO US, BUT I'M CONCERNED THAT THIS, ON ITS

FACE, VIOLATES THE PROVISIONS THAT WERE PUT INTO THE CONSTITUTION RATIFIED

BY THE VOTERS, I'M JUST GOING TO READ TO YOU FROM THE END OF SUBSECTION

F, IT SAYS, NO EXERCISE OF ANY POWER OF THE INDEPENDENT REDISTRICTING

COMMISSION SHALL OCCUR WITHOUT THE AFFIRMATIVE VOTE OF AT LEAST THE

MAJORITY OF THE MEMBERS. SO HOW CAN THEY SEND US, UNDER THIS, WHICH

THIS SAYS THEY CAN JUST NOT HAVE A VOTE AND THEN SEND US A PLAN WITHOUT

HAVING A VOTE AND THOSE TWO -- THIS PROVISION WHICH WILL BE PUT IN

STATUTE SEEMS TO BE -- TO BE IN CONFLICT WITH THAT CONSTITUTIONAL

PROVISION.

MR. RODRIGUEZ: WELL, I WOULD SAY IF THEY WERE

NOT PROVIDING THE PLANS BY THE DATES THAT ARE MANDATED IN THE

CONSTITUTION THAT THEY'RE NOT MEETING THAT RESPONSIBILITY ANYWAY. SO I

WOULD SAY THAT'S IN CONFLICT WITH, YOU KNOW, WHAT'S PUT FORTH IN THE

CONSTITUTION. AND IF WE GET TO THOSE DATES AND A VOTE IS NOT TAKEN, YOU

KNOW, CLEARLY SOME OTHER ACTION NEEDS TO HAPPEN AND I THINK THIS

PROVIDES THE GUIDANCE THAT -- THAT INFORMATION NEEDS TO -- TO BE -- TO BE

FORTHSET FOR -- FOR -- FOR ACTION, CERTAINLY IF NOT BY THE FIRST ATTEMPT AND

THE FIRST DEADLINE, THEN, AGAIN, YOU HAVE A SECOND DEADLINE THAT NEEDS TO

BE MET. SO I THINK THESE ARE ACTIONS THAT ARE PUT FORWARD IN THE

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CONSTITUTION AND THIS JUST CLARIFIES THE INTENT THAT IN ORDER FOR THE

LEGISLATURE TO MEETS ITS DUTY AND RESPONSIBILITY THAT WE HAVE TO MAKE

SURE THAT THE INFORMATION FROM THE COMMISSION IS RECEIVED.

MR. RA: THANK YOU FOR THAT. THE OTHER QUESTION I

HAVE IS IF YOU LOOK AT THE -- THE LANGUAGE OF THE STATUTE YOU'RE

AMENDING, AT THE TOP OF 4-A IT SAYS THAT THE COMMISSION SHALL SUBMIT TO

THE LEGISLATURE SUCH PLAN AND THE IMPLEMENTING LEGISLATION THEREFORE

ON OR BEFORE JANUARY 1ST, AND THEN IT TALKS ABOUT NO LATER THAN JANUARY

15TH, BUT THEN THE LANGUAGE BEING ADDED HERE SAYS, IF THE COMMISSION

DOES NOT VOTE ON ANY REDISTRICTING PLAN OR PLANS FOR ANY REASON BY THE

DATE REQUIRED, THE COMMISSION SHALL SUBMIT TO THE LEGISLATURE ALL PLANS

IN ITS POSSESSION. IT DOESN'T TALK ABOUT IMPLEMENTING LEGISLATION, LIKE

THE TOP PART OF THE SECTION IS. SO WOULD YOU CONTEMPLATE THAT THEY --

THEY WOULD BE REQUIRED TO HAVE, LIKE, A FULL PACKAGE SOMETHING THAT WE

ACTUALLY COULD VOTE ON, OR REALLY IT'S JUST GOING TO BE WHATEVER THEY

HAVE IN THEIR POSSESSION AT THAT POINT?

MR. RODRIGUEZ: I THINK IT DEPENDS ON HOW FAR

THEY GET IN THEIR WORK AND IN WHAT THEY'RE ABLE TO PRESENT IN TERMS OF A

VOTE. I MEAN, I THINK WHEN WE CONTEMPLATED THE LEGISLATION, IT

CERTAINLY, TO GET AS CLOSE TO A FINISHED PRODUCT AS POSSIBLE, INCLUDING

PLANS AND LEGISLATION, I THINK WHAT WE'RE SAYING IS WE DON'T KNOW

WHAT'S GOING TO HAPPEN, BUT THE INTENT IS THAT ANY INFORMATION,

INCLUDING PLANS AND LEGISLATION AND SUPPORTING DATA SHOULD BE PROVIDED

TO THE LEGISLATURE IF NO VOTE OCCURS.

MR. RA: OKAY. AND THEN MY LAST QUESTION IS WHAT

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DO WE MEAN BY THE LEGISLATURE? WILL IT BE PROVIDED TO EACH AND EVERY

ONE OF US THAT SERVE IN THE ASSEMBLY AND THE SENATE? WILL IT JUST BE

PROVIDED TO THE LEADERSHIP? IN TERMS OF THE TRANSPARENCY IN THIS, I

THINK IF ANY ENTITY OF THE LEGISLATURE IS GOING TO GET A FULL WORK PRODUCT

OF WHAT'S COME FROM THIS REDISTRICTING COMMISSION, WE SHOULD ALL BE

ABLE TO SEE WHAT THEY'RE -- WHAT THEY'RE SENDING OVER TO US.

MR. RODRIGUEZ: YEAH. I THINK THERE ISN'T ANY

FURTHER CLARIFICATION BEYOND LEGISLATURE. I THINK THAT CERTAINLY

REPRESENTS THE SENATE AND THE ASSEMBLY AND ITS RESPECTIVE LEADERSHIPS.

MR. RA: ALL RIGHT, THANK YOU.

MADAM SPEAKER ON THE BILL.

ACTING SPEAKER ROZIC: ON THE BILL.

MR. RA: THANK YOU. SO YOU KNOW, AS MY COLLEAGUE

SAID, WE HAVE THIS PENDING CONSTITUTIONAL AMENDMENT THAT, YOU KNOW,

IT WAS -- IT WAS EXPLAINED WHY IT WAS NECESSARY AND ALL THESE THINGS,

BUT I THINK WE ALL KNOW IT WAS DESIGNED TO -- TO TAKE A SITUATION THAT WE

FELT WE WERE UNDER AT THE TIME WHERE THERE WAS A SUPERMAJORITY IN ONE

HOUSE AND NOT THE OTHER AND ENSURE THAT WE COULD GET MAPS OUT TO THE

LEGISLATURE, BECAUSE THERE WAS A LIKELIHOOD OF PROBABLY A DEADLOCK

BECAUSE YOU NEEDED A REPRESENTATIVE OF EACH DIFFERENT ENTITY TO VOTE --

TO VOTE FOR THE PLAN. SO THAT ONE MADE IT EASIER TO GET MAPS OUT OF THAT

INDEPENDENT ENTITY, CERTAINLY FOR -- FOR A PARTY THAT SHARES THE MAJORITY

IN BOTH HOUSES OF THAT LEGISLATURE.

AND THIS, TO ME, DOES FURTHER WATER THIS PROCESS DOWN

BECAUSE NOW WE'RE CONTEMPLATING A SITUATION WHERE THIS ENTITY WE

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FUNDED, WE APPOINTED ALL THESE COMMISSIONERS TO, THEY'RE DOING THIS

WORK, THEY'RE GOING TO GO AROUND THE STATE, THEY'RE GOING TO HAVE

HEARINGS AND THEN WE'RE TELLING THEM BASICALLY AT THE END OF ALL THIS

WORK, YOU TOOK ALL THE DATA, YOU TOOK ALL THE TESTIMONY FROM PEOPLE,

YOU DREW MAPS, SPENT ALL THIS MONEY ON SOFTWARE AND COMING OUT WITH

MAPS, NOW IT'S OKAY IF YOU JUST NEVER HAVE TO PUT YOURSELVES ON THE

RECORD AS SUPPORTING A PLAN OR NOT SUPPORTING A PLAN? THAT MAKES ZERO

SENSE TO ME. IT'S AN INDEPENDENT COMMISSION THAT'S SUPPOSED TO BE ONE

THAT WILL SEND US AN INDEPENDENT SET OF REDISTRICTING MAPS.

TO ME, THIS MAKES IT VERY EASY TO AVOID EVER HAVING A

VOTE. NOW IT'S ONE THING IF THEY HAVE A VOTE AND THERE'S PROVISIONS

WITHIN THE CONSTITUTIONAL LANGUAGE IF THEY HAVE A VOTE AND THEY CAN'T

GET A MAJORITY, THEY HAVE TO -- THEY HAVE TO SEND THE PLAN HERE AND THE

LEGISLATION HERE. AND THEN WE CAN CONSIDER IT AND DELIBERATE IT AND I'M

NOT NA�VE, I KNOW HOW MANY OF US THERE ARE ON THIS SIDE OF THE AISLE

AND I KNOW HOW MANY THERE ARE ON THE OTHER SIDE OF THE AISLE, SO I

KNOW WHAT THE RESULT'S GOING TO BE. BUT AT LEAST WE WILL HAVE KNOWN,

EVEN IF -- EVEN IF IN THE MOST PARTISAN FASHION WE END UP WITH A

REPUBLICAN PLAN AND A DEMOCRATIC PLAN THAT COMES OUT OF THIS

COMMISSION AND THEY HAVE A VOTE AND YOU GET FIVE FOR ONE PLAN, YOU

GET FIVE FOR THE OTHER, NOBODY HAS A MAJORITY, AT LEAST THEY SEND

EVERYTHING AND THERE'S SOME LEVEL OF TRANSPARENCY THERE. I THINK WE'RE

LOSING THAT HERE BY ALLOWING THEM TO NEVER EVEN TAKE A VOTE.

SO YEAH, THE CURRENT LANGUAGE DOESN'T CONTEMPLATE

WHAT HAPPENS IF THERE IS NO VOTE, BECAUSE THAT SHOULD NOT EVEN BE A

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POSSIBILITY. AND IF WE'RE GOING TO PASS LEGISLATION TO DEAL WITH THAT,

THEN HERE'S WHAT IT SHOULD SAY: THEY HAVE TO TAKE A VOTE AND THEN SEND

US THE MAPS, AND THEN WE CAN CONSIDER THEM ON THE FLOOR HERE AND THE

PUBLIC CAN KNOW WHAT IS REFLECTIVE OF THOSE MAPS AND KNOW THAT THEY

DIDN'T WASTE THEIR TIME WHEN THEY SHOWED UP AT A HEARING THAT

HAPPENED IN THEIR PART OF THE STATE TO -- TO TALK ABOUT WHY THEIR LOCAL

VILLAGE NEEDED TO BE KEPT TOGETHER OR THEIR SCHOOL DISTRICT NEEDED TO BE

KEPT TOGETHER, OR THEIR TOWN NEEDED TO BE KEPT TOGETHER WHEN IN SO

MANY INSTANCES IN THE PAST, AND I'M NOT PLAYING ONE SIDE OR THE OTHER

BECAUSE WE ALL KNOW THE SAME THING HAS HAPPENED CERTAINLY ON THE

REPUBLICAN SIDE OF THE AISLE IN THE SENATE FOR YEARS. BUT THIS IS

SUPPOSED TO BE AN INDEPENDENT REDISTRICTING COMMISSION AND HERE IS

OUR FIRST -- AND, BY THE WAY, WE ALL KNOW IT WAS FAR FROM PERFECT, BUT IT

WAS BETTER THAN WHAT WE HAD. AND INSTEAD OF FOR THE VERY FIRST TIME

ACTUALLY GOING THROUGH THAT PROCESS THAT THE VOTERS APPROVED, WE HAVE

A CONSTITUTIONAL AMENDMENT GOING OUT TO THEM THIS FALL WHICH IS RIGHT

SMACK IN THE MIDDLE OF WHAT'S SUPPOSED TO BE THE TIMELINE OF ACTUALLY

IMPLEMENTING THIS AND NOW WE HAVE A STATUTORY CHANGE WHICH WILL --

WHICH WILL BASICALLY SAY DON'T EVEN BOTHER TAKING A VOTE, SEND US WHAT

YOU HAVE, AND I'M PRETTY CONFIDENT I KNOW WHOSE PLAN IS GOING TO END

UP ON THE FLOOR IN BOTH HOUSES OF THE LEGISLATURE.

SO I'M GOING TO CAST MY VOTE IN THE NEGATIVE AND I

URGE ANY OF US WHO WANT A TRUE, INDEPENDENT REDISTRICTING PROCESS TO DO

THE SAME. THANK YOU.

ACTING SPEAKER ROZIC: MR. RA IN THE

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NEGATIVE.

MR. LAWLER.

MR. LAWLER: THANK YOU, MADAM SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER ROZIC: MR. RODRIGUEZ, WILL

YOU YIELD?

MR. RODRIGUEZ: YES, I WILL.

ACTING SPEAKER ROZIC: THE SPONSOR YIELDS.

MR. LAWLER: THANK YOU. I JUST WANT TO GET A LITTLE

CLARITY. SO CURRENTLY THIS COMMISSION, WHICH JUST RECENTLY GOT ITS

FUNDING TO GET OPERATIONAL, WHEN ARE THEY SUPPOSED TO TURN OVER MAPS

TO THE LEGISLATURE?

MR. RODRIGUEZ: SO ACCORDING TO THE LEGISLATION,

THE FIRST DEADLINE IS BETWEEN THE 1ST AND NO LATER THAN THE 15TH OF YEARS

ENDING IN 2 -- '22, (INAUDIBLE) OF '22.

MR. LAWLER: SO UNDER THE CURRENT LAW THEY HAVE

TO HAVE A VOTE BETWEEN JANUARY 1ST AND JANUARY 15TH OF 2022, IS THAT

CORRECT?

MR. RODRIGUEZ: CORRECT, THEY HAVE TO PRESENT

THAT INFORMATION TO THE LEGISLATURE.

MR. LAWLER: SO THEY HAVE TO HAVE A VOTE AND IF

THEY -- AND IF THEY PASS A VOTE WITH THE MAJORITY, WHAT HAPPENS?

(PAUSE)

MR. RODRIGUEZ: SO -- WELL, NOT ADDRESSED

SPECIFIC TO THIS LEGISLATION, BUT JUST WE'RE GIVING PEOPLE OF A REFRESHER

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ON WHAT WAS PASSED IN THE PREVIOUS AMENDMENT IS IF THEY VOTE ON IT

AND -- AND IT PASSES WITH MORE THAN SEVEN VOTES, THEN IT COMES TO THE

LEGISLATURE, THE PLANS AND THE IMPLEMENTING LEGISLATION.

MR. LAWLER: AND THEN THE LEGISLATURE WOULD VOTE

ON THAT APPROVED MAP?

MR. RODRIGUEZ: CORRECT.

MR. LAWLER: THE LEGISLATURE WOULD NOT BE ABLE

TO AMEND THAT MAP, THEY COULD JUST VOTE YEA OR NAY?

MR. RODRIGUEZ: AGAIN, THAT'S NOT PART OF THIS

LEGISLATION --

MR. LAWLER: WELL, IT'S RELEVANT TO THE DISCUSSION

BECAUSE OF WHAT THIS LEGISLATION WILL ACTUALLY DO. SO I'M JUST TRYING TO

GET CLARITY. IF -- IF THE INDEPENDENT REDISTRICTING COMMISSION APPROVES

A MAP WITH SEVEN VOTES, IT COMES TO THE LEGISLATURE, WHAT IS THIS BODY

ALLOWED TO DO? ARE THEY JUST VOTING YES OR NO ON THE MAP OR DO THEY

HAVE THE ABILITY TO AMEND THE MAP THAT WAS PASSED BY THE INDEPENDENT

REDISTRICTING COMMISSION?

MR. RODRIGUEZ: SO IT'S -- IT'S VOTING YES OR NO,

BUT THAT'S NOT PART OF THIS LEGISLATION. WHAT'S OUTLINED IN THE -- IN THE

CURRENT STATUTE IS -- IS THE PRESENTATION OF THE -- OF THE INFORMATION BY

THE COMMISSION, YOU KNOW, SHOULD SOME ACTION NOT OCCUR.

MR. LAWLER: OKAY. SO THEY CAN ONLY VOTE YES OR

NO IF A MAP IS PASSED BY THE INDEPENDENT REDISTRICTING COMMISSION, AND

I'LL GET TO MY -- THE RELEVANCE OF THIS BILL AND WHY IT MATTERS. BUT -- SO

IF THEY VOTE -- IF THE LEGISLATURE REJECTS THE MAP THAT IS PASSED BY THE

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INDEPENDENT REDISTRICTING COMMISSION, THEN WHAT HAPPENS?

MR. RODRIGUEZ: AGAIN, THAT'S NOT PART OF THIS

LEGISLATION, THAT'S PART OF THE LEGISLATION THAT WAS PASSED PREVIOUSLY, BUT

THEY --

MR. LAWLER: WELL, WE'RE SEEKING TO AMEND THAT

LEGISLATION, SO I'M JUST TRYING TO GET CLARITY --

MR. RODRIGUEZ: WE'RE SEEKING TO CLARIFY, YOU

KNOW, WHAT HAPPENS IF A -- IF AN ACTION OR AN INACTION OCCURS.

MR. LAWLER: RIGHT.

MR. RODRIGUEZ: SO THEY WOULD HAVE ANOTHER

OPPORTUNITY TO MAKE REVISIONS AND SUBMIT THEIR PLAN TO THE LEGISLATURE.

MR. LAWLER: AND THEN RESUBMIT IT TO THE

LEGISLATURE, AND ROUND AND ROUND WE GO.

MR. RODRIGUEZ: NO, THAT'S THE POINT, IT'S NOT A

ROUND AND ROUND WE GO, THEY GET TWO OPPORTUNITIES AND THEN --

MR. LAWLER: AND THEN AFTER THE SECOND

OPPORTUNITY, THE LEGISLATURE GETS TO DRAW THE MAP IF THEY REJECT BOTH?

MR. RODRIGUEZ: CORRECT, BECAUSE THIS IS A

TIME-SENSITIVE PROCESS.

MR. LAWLER: RIGHT. SO WHAT YOUR BILL SEEKS TO DO

IS SAY IF BY JANUARY 10TH, CORRECT?

MR. RODRIGUEZ: NO LATER THAN THE 15TH FOR THE

FIRST SUBMISSION.

MR. LAWLER: OKAY. SO NO LATER THAN THE 15TH, BUT

NOT -- OKAY. SO IF THEY DON'T HAVE -- OKAY. SO BY JANUARY 15TH, THEY

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NYS ASSEMBLY JUNE 9, 2021

HAVE NO VOTE. ON THAT DATE, THEY HAVE TO THEN SUBMIT ALL OF THE MAPS TO

THE LEGISLATURE.

MR. RODRIGUEZ: CORRECT.

MR. LAWLER: OKAY. AND JUST TO CLARIFY, I KNOW IT

WAS ASKED, WHO IS THE LEGISLATURE, IS THAT THE SPEAKER AND THE

TEMPORARY PRESIDENT, OR IS IT ALL OF THE LEGISLATIVE LEADERS OR IS IT THE

ENTIRE BODY?

MR. RODRIGUEZ: YEAH, IT SAYS -- I WOULD -- IT

SAYS THE LEGISLATURE, SO THE LEGISLATIVE BODY. THERE'S NO SPECIFICITY

WITH RESPECT TO INDIVIDUALS.

MR. LAWLER: SO JUST SO WE'RE CLEAR FOR LEGISLATIVE

INTENT, YOU BELIEVE THAT EVERYBODY IN THE LEGISLATURE SHOULD RECEIVE A

COPY OF ALL THE MAPS?

MR. RODRIGUEZ: I THINK CERTAINLY BOTH THE SENATE

AND THE ASSEMBLY SHOULD RECEIVE COPIES AS DEFINED AS THE LEGISLATURE.

MR. LAWLER: SO EVERY MEMBER IS PART OF THE

LEGISLATURE, ARE WE ALL GOING TO RECEIVE A COPY?

MR. RODRIGUEZ: I THINK THE INFORMATION THAT'S

PROVIDED BY THE INDEPENDENT REDISTRICTING COMMISSION SHOULD BE

AVAILABLE TO THE LEGISLATURE AS DEFINED IN THE STATUTE.

MR. LAWLER: BUT IT'S NOT DEFINED, IT'S JUST THE

LEGISLATURE. SO WHAT IS YOUR INTENT, IS IT EVERY MEMBER OR JUST THE

SPEAKER?

MR. RODRIGUEZ: SO IT WOULD BE THE HOUSES OF

THE LEGISLATURE, THE ASSEMBLY AND THE SENATE.

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MR. LAWLER: OKAY. ONCE THE LEGISLATURE

RECEIVES ALL OF THIS DATA, WHO IS DRAWING THE MAPS? IS IT LATFOR, IS IT

THE LEGISLATIVE LEADERS, IS IT STAFF; WHO IS DRAWING THE MAPS?

(PAUSE)

MR. RODRIGUEZ: SO UNDER THE CONSTITUTION, THE

LEGISLATURE VOTES ON THE BILL -- ON THE -- THAT'S PRODUCED AND I THINK

LATFOR SEEMS TO BE THE VEHICLE THAT EXISTS FOR THAT PURPOSE SHOULD

ALL OTHER EFFORTS FAIL.

MR. LAWLER: SO TO YOUR KNOWLEDGE, IS LATFOR

CURRENTLY FUNDED AND STAFFED?

MR. RODRIGUEZ: AS FAR AS I KNOW, YES.

MR. LAWLER: TO YOUR KNOWLEDGE, IS LATFOR

CURRENTLY DRAWING MAPS?

(PAUSE)

MR. RODRIGUEZ: NOT TO MY KNOWLEDGE, BUT THAT'S

NOT ADDRESSED BY THIS LEGISLATION, THAT'S NOT WHAT THIS LEGISLATION IS -- IS

SPECIFICALLY ADDRESSING. SO THAT'S KIND OF NOT GERMANE TO WHAT WE'RE --

WHAT WE'RE DISCUSSING.

MR. LAWLER: WELL, IT'S GERMANE INSOFAR AS WE'RE

BASICALLY SAYING IF THE INDEPENDENT REDISTRICTING COMMISSION CAN'T

COME UP WITH MAPS, THIS BODY IS GOING TO -- AND OUR COLLEAGUES ACROSS

THE HALL ARE GOING TO TAKE CONTROL OF THE PROCESS. I'M JUST TRYING TO

UNDERSTAND WHO EXACTLY IS GOING TO BE IN CONTROL OF THE PROCESS.

CURRENTLY THERE ARE TEN MEMBERS AND STAFF THAT ARE IN CONTROL OF THE

PROCESS IN THE INDEPENDENT REDISTRICTING COMMISSION. WHO IS GOING TO

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BE DRAWING THE MAPS? SOMEBODY HAS TO DRAW THEM.

MR. RODRIGUEZ: I THINK THAT -- THAT IT'S THE SAME

WHAT WE'RE TALKING ABOUT IS THE PROCESS THAT EXISTED WHEN IT FIRST PASSED

IN TERMS OF A CONSTITUTIONAL AMENDMENT. SO NOTHING THAT WE HAVE IN

THIS LEGISLATION CHANGES, YOU KNOW, I THINK WHAT YOU'RE ASKING, SO...

MR. LAWLER: SO YOU SAID THAT THE OBJECTIVE IS TO

GET BIPARTISAN MAPS, CORRECT? YOU HAD SAID THAT EARLIER WHEN MY

COLLEAGUE --

MR. RODRIGUEZ: I THINK WE BELIEVE THAT THE

INDEPENDENT REDISTRICTING COMMISSION EXISTS AND HAS, YOU KNOW,

RECEIVED THE APPROVAL OF THE LEGISLATURE FOR THE PURPOSE OF PROVIDING

MAPS.

MR. LAWLER: SO THE CURRENT MAKEUP OF THE

COMMISSION IS FOUR REPUBLICANS, THEORETICALLY FOUR DEMOCRATS AND TWO

INDEPENDENT PEOPLE, ALL RIGHT, SO IT'S INTENDED TO BE INDEPENDENT AND

BIPARTISAN. THE CURRENT MAKEUP OF THE LEGISLATURE IS 107 DEMOCRATS IN

THE ASSEMBLY, 43 REPUBLICANS IN THE ASSEMBLY; 43 DEMOCRATS IN THE

SENATE, 20 REPUBLICANS IN THE SENATE. SO WHAT WILL BE INDEPENDENT

ABOUT THE LEGISLATURE TAKING OVER THE DRAWING OF THESE MAPS?

MR. RODRIGUEZ: I THINK WE FULLY BELIEVE THAT THE

INDEPENDENT REDISTRICTING COMMISSION HAS BEEN CREATED AND STAFFED AND

FUNDED BY THIS LEGISLATURE FOR THE PURPOSE OF DOING THEIR JOB AND -- AND

-- AND PROVIDING THIS INFORMATION TO THE LEGISLATURE. SO YOU KNOW,

THAT'S THE OBJECTIVE. AND THIS LEGISLATION DOESN'T SPEAK TO ANY OF THE

THINGS THAT WE'RE TALKING ABOUT WITH RESPECT TO THAT PROCESS OTHER THAN

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SAYING IF THEY ARE UNABLE TO COME TO A VOTE OR A CONCLUSION THAT WE

HAVE INFORMATION TO BE ABLE TO TAKE ACTION SHOULD IT BE NECESSARY.

MR. LAWLER: BUT IT TRIES TO CIRCUMVENT AND

SHORTCUT THE PROCESS BY IMMEDIATELY TAKING OVER POSSESSION OF THOSE

MAPS IF THERE'S NO VOTE BY THE 15TH.

MR. RODRIGUEZ: I CERTAINLY DON'T BELIEVE IT'S A

CIRCUMVENTION OF THE PROCESS. THEY HAVE A STATED RESPONSIBILITY TO

PROVIDE US INFORMATION BY THAT DATE AND IF THAT'S NOT HAPPENING, WE STILL

HAVE TO BE ABLE TO MOVE FORWARD WITH THIS PROCESS.

MR. LAWLER: IS THERE ANYTHING IN YOUR BILL THAT

FORCES THE INDEPENDENT REDISTRICTING COMMISSION TO HAVE A VOTE BY THE

15TH?

MR. RODRIGUEZ: THAT'S NOT ADDRESSED IN THIS

LEGISLATION, BUT I THINK WHAT WE ARE ASKING FOR THEM IS TO PERFORM THEIR

DUTIES BY THE 15TH.

MR. LAWLER: OKAY. ON THE BILL.

ACTING SPEAKER ROZIC: ON THE BILL.

MR. LAWLER: WHAT'S ABUNDANTLY CLEAR FROM THIS

PIECE OF LEGISLATION COUPLED WITH THE PREVIOUS PIECE OF LEGISLATION IS

THAT THIS BODY AND THE MAJORITY IS TRYING TO CIRCUMVENT THE INDEPENDENT

REDISTRICTING PROCESS THAT WAS ESTABLISHED NEARLY A DECADE AGO. WE

HAVE NOT EVEN GONE THROUGH THE PROCESS, THE FUNDING FOR THIS

COMMISSION JUST CAME AVAILABLE. THE CENSUS NUMBERS ARE JUST COMING

ONLINE. THE COMMISSION HAS NOT EVEN BEEN ABLE TO BEGIN THE PROCESS

OF HEARINGS AND, YET, THIS BODY HAS TRIED ON NUMEROUS OCCASIONS NOW

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TO ALTER AND LIMIT THE INDEPENDENCE OF THIS COMMISSION.

FOR WHAT PURPOSE? THE PURPOSE IS CLEAR. THE

PURPOSE IS TO ENSURE GERRYMANDERED AND PARTISAN REDISTRICTING. THERE'S

NO REASON TO TRY AND LIMIT THE INDEPENDENCE OF A BIPARTISAN COMMISSION

THAT HAS FOUR REPUBLICANS, FOUR DEMOCRATS AND TWO INDEPENDENT

MEMBERS, VERSUS A LEGISLATURE THAT HAS 107 DEMOCRATS TO 43

REPUBLICANS IN THE ASSEMBLY AND 43 DEMOCRATS TO 20 REPUBLICANS IN

THE SENATE. IT'S OBVIOUS. SO THE IDEA THAT THIS IS SOMEHOW GOOD

GOVERNMENT, OR WE'RE TRYING TO ADDRESS SOMETHING THAT WAS NOT SPOKEN

FOR IN THE ORIGINAL LEGISLATION IS A JOKE.

AT THE END OF THE DAY, WE SHOULD ALLOW THE

INDEPENDENT REDISTRICTING COMMISSION TO DO ITS JOB TO PRODUCE FAIR

MAPS AND, FRANKLY, THEY SHOULD FOLLOW THE GUIDELINES THAT WE VOTED ON

YESTERDAY FOR LOCAL REDISTRICTING. SINCE WE THINK IT IS SO GOOD FOR THE

LOCALS TO FOLLOW THOSE RULES AND LEGISLATION WE PASSED YESTERDAY, WE

SHOULD BE ENCOURAGING THE INDEPENDENT REDISTRICTING COMMISSION TO DO

THAT. INSTEAD, WHAT WE'RE TRYING TO DO HERE IS EXPEDITE THE ABILITY OF THE

LEGISLATURE TO DRAW THE MAPS. THERE IS NOTHING THAT WILL FORCE THE

COMMISSION TO HAVE A VOTE AND, IN FACT, I WOULD SUBMIT, I'M SURE THE

MEMBERS IN THE MAJORITY APPOINTEES WILL PROBABLY ENSURE THAT THERE'S

NOT A VOTE SO THAT THE LEGISLATURE COULD TAKE BACK CONTROL OF

REDISTRICTING. IT'S WRONG. AND FOR THAT REASON, I CANNOT SUPPORT THIS

LEGISLATION.

ACTING SPEAKER ROZIC: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER ROZIC: THE CLERK WILL RECORD

THE VOTE ON S-7150. THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES TO

BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER. THE

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT

THOSE WHO SUPPORT IT SHOULD CERTAINLY CALL THE MINORITY LEADER'S OFFICE.

THANK YOU.

ACTING SPEAKER ROZIC: MS. HYNDMAN.

MS. HYNDMAN: THANK YOU, MADAM SPEAKER. THE

MAJORITY MEMBERS ARE IN THE AFFIRMATIVE -- ARE GENERALLY IN THE

AFFIRMATIVE ON THIS PIECE OF LEGISLATION. IF THERE ARE ANY EXCEPTIONS, I

ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE

NUMBER PREVIOUSLY PROVIDED AND THEIR NAMES WILL BE ANNOUNCED

ACCORDINGLY. THANK YOU, MADAM SPEAKER.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK WILL READ.

PAGE 11, RULES REPORT NO. 301.

THE CLERK: ASSEMBLY NO. A03136-A, RULES

REPORT NO. 301, EPSTEIN, GALLAGHER, STECK, JACKSON, DINOWITZ,

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NYS ASSEMBLY JUNE 9, 2021

GOTTFRIED, SIMON. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO

PREVENTING INSTITUTIONS FROM IMPLEMENTING CONTINGENCIES ON THE RECEIPT

OF STATE FUNDING.

ACTING SPEAKER ROZIC: AN EXPLANATION IS

REQUESTED.

MR. EPSTEIN: YEAH. THIS BILL WILL REQUIRE THAT

ANYONE WHO TAKES FUNDING FROM THE STATE OF NEW YORK THROUGH

TUITION ASSISTANCE PROGRAMS NOT HAVE ARBITRATION REVISIONS IN THOSE

AGREEMENTS WITH ANY OF THE STUDENTS THAT ATTEND THOSE INSTITUTIONS.

ACTING SPEAKER ROZIC: ON A MOTION BY MR.

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

ADVANCED.

MR. WALCZYK.

MR. WALCZYK: THANK YOU FOR THAT EXPLANATION.

MADAM SPEAKER, WOULD THE SPONSOR YIELD?

ACTING SPEAKER ROZIC: MR. EPSTEIN, WILL YOU

YIELD?

MR. EPSTEIN: YES, I WILL.

ACTING SPEAKER ROZIC: THE SPONSOR YIELDS.

MR. WALCZYK: THANKS, APPRECIATE IT AND LAUDABLE

INTENT HERE. I JUST WANTED TO COVER A COUPLE OF THINGS THAT THIS -- THIS

BILL MAY -- AND CLEAR UP SOME THINGS. THIS WOULD APPLY TO ALL STUDENT

LOANS, TUITION ASSISTANCE PROGRAM, FEDERAL PELL GRANTS, IS THAT CORRECT?

MR. EPSTEIN: IT APPLIES TO ANY STATE MONEY THAT --

ANY MONEY THAT THE STATE HAS ACCESS OR CONTROL OVER. WE CAN'T TELL THE

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FEDERAL GOVERNMENT WHAT TO DO.

MR. WALCZYK: OKAY. SO THROUGH YOU, MADAM

SPEAKER, THIS WOULD NOT APPLY TO FEDERAL PELL, THEN?

MR. EPSTEIN: IF THE FEDERAL PELL -- THE FEDERAL

GRANTS ARE COMING THROUGH THE STATE OF NEW YORK AND THERE'S -- AND

THEY'RE TRYING TO GET STATE MONEY, WE CAN SAY, YOU CAN'T COLLECT THE

STATE MONEY FROM THAT STUDENT AND HAVE THESE ARBITRATION PROVISIONS.

THE SITUATION IS YOU'LL SEE THAT PEOPLE GET FEDERAL MONEY AND STATE

MONEY. IF THEY'RE COMBINING THOSE, THEY CAN'T COLLECT THE STATE MONEY

FROM STUDENTS IF THEY (INAUDIBLE) ARBITRATION PROVISIONS. SO IN SENSE,

WE'RE NOT LIMITING THE FEDERAL DOLLARS, BUT WE'RE SAYING YOU CAN'T

COLLECT THE STATE DOLLARS.

MR. WALCZYK: UNDERSTOOD. THANK YOU FOR -- FOR

CLEARING THAT UP. ARE THERE ANY HIGHER EDUCATION INSTITUTIONS IN THE

STATE OF NEW YORK THAT ARE -- THAT HAVE THESE CURRENTLY?

MR. EPSTEIN: THAT'S BEEN REPRESENTED TO ME THAT

THERE ARE INSTITUTIONS IN NEW YORK THAT HAVE THESE AND, YOU KNOW, I

HAVEN'T RECENTLY SEEN AN AGREEMENT, BUT WE'VE HEARD FROM STUDENTS.

THEY HAVE RAISED THIS AS A CONCERN.

MR. WALCZYK: OKAY. SO THIS IS A PROACTIVE

MEASURE THAT YOU'RE TAKING TO DETER ANY HIGHER EDUCATION INSTITUTIONS --

MR. EPSTEIN: I MEAN, I CAN TELL YOU THAT WHEN, YOU

KNOW, WHEN WE INTRODUCED THE BILL, WE HAD SPOKEN TO STUDENTS ABOUT IT

AND THEY HAD SAID THIS HAD HAPPENED TO THEM. WE KNOW THAT IN OUR --

OUR PUBLIC SCHOOLS IT DOES NOT HAPPEN, BUT WE HAVEN'T CANVASSED EVERY

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SCHOOL IN THE STATE OF NEW YORK.

MR. WALCZYK: OKAY. AND THROUGH YOU, MADAM

SPEAKER, I'M WONDERING IF YOU HEARD FROM STUDENTS THAT HAD THE

OPPOSITE CONCERN, THAT MAY LIKE THE PROTECTIONS THAT AN UMBRELLA OF

STUDENT-ON-STUDENT CONFLICT AND MEDIATION AND ARBITRATION MAY BE

PROVIDED HERE BY SOME INSTITUTIONS.

MR. EPSTEIN: WHEN YOU SAY STUDENT-ON-STUDENT

CONFLICT, THIS IS ABOUT FINANCIAL AID AND OUR STATE DOLLARS. WE'RE NOT

TALKING ABOUT YOU ARE FIGHTING WITH YOUR ROOMMATE AND YOU NEED

ARBITRATION. THAT'S NOT WHAT THIS BILL COVERS.

MR. WALCZYK: OKAY. SO THIS BILL ONLY IMPACTS

ANY ARBITRATION WHEN IT COMES TO FINANCIAL AID?

MR. EPSTEIN: ANY OF THE STATE DOLLARS THAT WE'VE

PUT IN TO THAT STUDENT OR THAT INSTITUTION.

MR. WALCZYK: THE -- DOES THIS BILL PROVIDE FOR

COURTS TO AWARD ATTORNEYS FEES IF, YOU KNOW, IN THE INSTANCE THE -- DOES

IT ALLOW FOR ATTORNEYS FEES TO BE COLLECTED?

MR. EPSTEIN: THIS ONLY SAYS YOU CAN'T USE

ARBITRATION PROVISIONS. SO IF THERE WAS AN ARBITRATION PROVISION, YOU

COULDN'T COLLECT THE -- THE TAP AWARD. THE ATTORNEYS FEES WOULD BE A

DIFFERENT PROVISION, AND THIS BILL DOESN'T COVER THE ISSUE WHETHER

ATTORNEYS FEES OR NOT ARE COVERED ON THE LOAN AGREEMENT.

MR. WALCZYK: OKAY, UNDERSTOOD. AND BASED ON

YOUR QUESTIONS EARLIER, I THINK IT WOULD BE DIFFICULT TO JUDGE THE BURDEN

THAT THIS WOULD PLACE ON OUR COURT SYSTEM, BECAUSE WE DON'T REALLY

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KNOW HOW MANY OF THESE, IF THERE ARE ANY AT ALL, IN PLACE.

MR. EPSTEIN: RIGHT. SO YOU'RE -- THE QUESTION

YOU'RE SAYING IS WILL WE SEE AN INCREASE OF CASES GOING INTO OUR COURT

SYSTEM BECAUSE OF THIS, AND THAT'S REALLY HARD TO KNOW. AND WE DON'T --

AND THAT WOULD ONLY BE THE CASES WHERE SOMEONE WAS ACTUALLY

DEFAULTING ON A LOAN AND THEY WERE CURRENTLY (INAUDIBLE) TO ARBITRATION

AND THEY WERE NOT LONGER DOING THAT, SO IT'S HARD TO REALLY TELL WHAT THE

NUMBERS MIGHT BE.

MR. WALCZYK: OKAY, THANK YOU.

MADAM SPEAKER, ON THE -- ON THE BILL.

ACTING SPEAKER ROZIC: ON THE BILL.

MR. WALCZYK: SO STUDENTS ARE -- STUDENTS ARE

LEARNING ABOUT COMPLAINT PROCESSES WHEN THEY GO INTO A HIGHER

EDUCATION INSTITUTION. MY ONE, YOU KNOW, SORT OF NEED FOR PAUSE HERE

IS I WOULDN'T WANT TO DETER OPPORTUNITY FOR STUDENTS WHO DO UTILIZE

TAP OR, YOU KNOW, STUDENT LOANS OR MANY OF THE PROGRAMS THAT WE TAKE

ADVANTAGE OF HERE IN NEW YORK TO GIVE THEM ALL OF THE OPTIONS THAT

THERE ARE FOR HIGHER EDUCATION INSTITUTIONS. HAVING THESE NOT BE IN

PLACE RIGHT NOW AND THIS BE A PROACTIVE MEASURE, I CAN'T SAY THAT ANYONE

WOULD BE PARTICULARLY HURT ABOUT IT, BUT I JUST WANTED TO SHARE THAT AND

APPRECIATE THE SPONSOR ANSWERING THE QUESTIONS AND TAKING THE TIME.

THANK YOU, MADAM SPEAKER.

(PAUSE)

ACTING SPEAKER WALLACE: READ THE LAST

SECTION.

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NYS ASSEMBLY JUNE 9, 2021

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

DAY.

ACTING SPEAKER WALLACE: THE CLERK WILL

RECORD THE VOTE ON A-3136-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. EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MADAM SPEAKER. I RISE

TO EXPLAIN MY VOTE. THIS IS A PROVISION THAT SAYS -- IS A BILL THAT SAYS IN

TAP AWARDS WHERE THERE'S AN AGREEMENT BETWEEN THE INSTITUTION AND

THE STUDENT, WE DON'T WANT TO FORCE STUDENTS INTO BINDING ARBITRATION

AGREEMENTS. WE WANT STUDENTS TO BE ABLE TO GO TO COURT IF THEY NEED TO,

HOPEFULLY THEY WILL NEVER DEFAULT ON THEIR LOANS, BUT IT'S A REALLY

IMPORTANT MEASURE. YOU'VE SEEN THIS THROUGHOUT CONTRACTS AND OTHER

ISSUES, BUT WE DON'T WANT TO PUSH PEOPLE INTO ARBITRATION THAT DOES NOT

WORK FOR THEM. THIS JUST SAYS IF YOU'RE GOING TO TAKE OUR STATE DOLLARS,

YOU CAN'T MANDATE ARBITRATION. I ENCOURAGE MY COLLEAGUES TO VOTE IN

FAVOR OF THIS BILL. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER WALLACE: MR. EPSTEIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 11, RULES REPORT NO. 320, THE CLERK WILL READ.

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NYS ASSEMBLY JUNE 9, 2021

THE CLERK: SENATE NO. S02133-A, RULES REPORT

NO. 320, SENATOR SKOUFIS (JEAN-PIERRE, WALSH--A05363). AN ACT TO

AMEND THE REAL PROPERTY LAW, IN RELATION TO ADDING A SURCHARGE TO THE

FEE PAID FOR ISSUING OR REISSUING A REAL ESTATE BROKER OR SALESMAN

LICENSE.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THIS BILL INCREASES THE LICENSING FEE

FOR REAL ESTATE BROKERS BY ADDING AN ADDITIONAL $30 SURCHARGE FOR REAL

ESTATE AGENTS -- FOR BROKERS, RATHER, AND AN ADDITIONAL $10 CHARGE FOR

REAL ESTATE AGENTS. IT REMINDS ME OF OUR STATE'S MOTTO, EXCELSIOR, WHICH

ALL OF YOU KNOW MEANS EVER UPWARD. AND IT SEEMS THAT'S THE MOTTO

THAT WE HAVE WHEN IT COMES TO FEES AND EXPENSES, WHICH I THINK IS A

LITTLE DIFFERENT THAN WHEN THAT MOTTO WAS FIRST SELECTED AND WE WERE

TALKING ABOUT EVER UPWARD IN TERMS OF ECONOMIC OPPORTUNITY AND

PROGRESS. IT MAY BE A SMALL AMOUNT, BUT IT'S ONE MORE FEE AND INCREASE

THAT WE IMPOSE ON THIS BELEAGUERED INDUSTRY AND FOR THAT REASON, I'LL BE

OPPOSING IT AND RECOMMEND THE SAME TO MY COLLEAGUES. THANK YOU,

MADAM SPEAKER.

ACTING SPEAKER WALLACE: THANK YOU, MR.

GOODELL.

MS. JEAN-PIERRE.

MS. JEAN-PIERRE: THANK YOU, MS. SPEAKER. TWO

YEARS AGO NEWSDAY PUBLISHED THE DISTURBING RESULTS OF A THREE-YEAR

INVESTIGATION WHICH REVEALED WIDESPREAD SEPARATE AND UNEQUAL LEGAL

TREATMENT OF MINORITY POTENTIAL HOME BUYERS TO MINORITY COMMUNITIES

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NYS ASSEMBLY JUNE 9, 2021

ON LONG ISLAND. THIS INVESTIGATION CONFIRMED WHAT MANY OF US ALREADY

KNOW TO BE TRUE THAT THERE ARE CERTAIN BAD ACTORS IN THE REAL ESTATE

AGENCY WHO DISCRIMINATE AGAINST PEOPLE OF COLOR AND STEER CERTAIN

INDIVIDUALS TO CERTAIN COMMUNITIES BASED ON COLOR OF THEIR SKIN, AN

EXORBITANT PRACTICE THAT HAS NO PLACE IN OUR SOCIETY. THIS INCREASE WILL

ALLOW US TO DO MORE FAIR TESTINGS THROUGHOUT OUR COMMUNITIES IN THE

STATE OF NEW YORK. WHEN WE LOOK AT HOW OUR SCHOOL DISTRICTS AND OUR

COMMUNITIES ARE SEGREGATED, THIS IS A PART OF WHY SCHOOL DISTRICTS IN

LOW-INCOME COMMUNITIES CAN'T RECEIVE THE RESOURCES THAT THEY FAIRLY

DESERVE IS BECAUSE WE HAVE HAD RESULTS OF LIKE THIS THAT HAVE STEERED

PEOPLE LIVING IN ONE COMMUNITY OVER ANOTHER COMMUNITY BECAUSE OF

THE COLOR OF THEIR SKIN AND BECAUSE OF THEIR FINANCIAL HISTORY.

SO THIS WILL ALLOW US TO HAVE A -- TO EARMARK A SPECIFIC

FUND, AND IT'S NOT TO INCREASE ANY TAXES, BUT IT WILL EARMARK A SPECIFIC

FUND THROUGH THE ATTORNEY GENERAL'S OFFICE TO DO MORE FAIR TESTING

THROUGHOUT OUR GREAT STATE OF NEW YORK SO PEOPLE OF COLOR CAN LIVE

ANYWHERE THEY WANT AND DON'T HAVE TO FEAR THAT THERE IS GOING TO BE A

BAD ACTOR AND IF THERE ARE, THEY WILL BE PENALIZED. SO AGAIN, THIS IS

ABOUT MAKING SURE THAT OUR GREAT STATE OF NEW YORK, THAT WE ARE --

HAVE FAIR TESTING, AND THE REAL ESTATE INDUSTRY HAS WORKED WITH US ON

THIS LEGISLATION AND SUPPORTS THIS PIECE OF LEGISLATION. AND I'LL BE

VOTING IN THE AFFIRMATIVE AND I HOPE MY COLLEAGUES ON BOTH SIDES OF THE

AISLE WILL BE SUPPORTING ME. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2133-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO

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

AND WE'LL PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE

OF LEGISLATION; HOWEVER, THERE MAY BE A FEW OF OUR COLLEAGUES THAT WILL

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 AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. IN ADDITION

TO THOSE MEMBERS OF THE REPUBLICAN CONFERENCE THAT VOTED YES HERE IN

THE CHAMBER, WOULD YOU PLEASE ADD THE FOLLOWING MEMBERS AS YES

VOTES ON THIS -- ON THIS PIECE OF LEGISLATION: MR. MILLER, BRIAN MILLER,

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MS. BYRNES, AND MR. FITZPATRICK. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH.

MR. GOODELL.

MR. GOODELL: MR. SPEAKER, ALSO PLEASE RECORD MY

COLLEAGUES MR. RA AND MR. GANDOLFO IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

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

ONE OF OUR COLLEAGUES, MR. SANTABARBARA, WHO WOULD LIKE TO BE A

NEGATIVE ON 5363.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU, MRS. PEOPLES-STOKES.

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

COULD PROCEED ON OUR DEBATE LIST, WE'RE GOING TO GO TO RULES REPORT

NO. 408, ASSEMBLY BILL NO. 485 BY MR. MAGNARELLI.

ACTING SPEAKER AUBRY: ONE MINUTE. WE

HAVEN'T CALLED THIS VOTE YET. ARE WE READY TO CALL THIS VOTE? THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

SPEAKER. WE'RE GOING TO PROCEED ON OUR DEBATE LIST AND WE'RE GOING TO

GO WITH MR. MAGNARELLI, HIS RULES REPORT NO. 408, ASSEMBLY BILL NO.

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NYS ASSEMBLY JUNE 9, 2021

485-B, THEN FOLLOW THAT BY MR. BRONSON, WHICH IS RULES REPORT NO. 35

AND IT'S ASSEMBLY BILL NO. 6323. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: PAGE 14, RULES

REPORT NO. 408, THE CLERK WILL READ.

THE CLERK: SENATE NO. S04682-B, RULES REPORT

NO. 408, SENATOR KENNEDY (MAGNARELLI, BRONSON, JACOBSON, THIELE,

SIMON, LUPARDO, REYES, COOK, TAYLOR, GRIFFIN, JEAN-PIERRE, BARRON,

DINOWITZ, STECK, BRAUNSTEIN, STIRPE, CYMBROWITZ, GLICK, CARROLL,

WILLIAMS, NIOU, EPSTEIN, L. ROSENTHAL, LAVINE, MCMAHON, GOTTFRIED,

RODRIGUEZ, CRUZ, OTIS, ABINANTI, PERRY, BUTTENSCHON, SEAWRIGHT,

WALLACE, FAHY, DICKENS, HUNTER, AUBRY, DAVILA, ROZIC, PAULIN, GALEF,

BARNWELL, SILLITTI, MCDONALD, CLARK, MEEKS, BARRETT, LUNSFORD,

BURDICK--A00485-B). AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW

AND THE GENERAL MUNICIPAL LAW, IN RELATION TO CERTAIN NOTICES OF

LIABILITY; TO REPEAL CERTAIN PROVISIONS OF THE VEHICLE AND TRAFFIC LAW

RELATING THERETO; TO AMEND THE VEHICLE AND TRAFFIC LAW AND THE PUBLIC

OFFICERS LAW, IN RELATION TO ESTABLISHING A DEMONSTRATION PROGRAM

IMPLEMENTING SPEED VIOLATION MONITORING SYSTEMS IN WORK ZONES BY

MEANS OF PHOTO DEVICES; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: MR. MAGNARELLI, AN

EXPLANATION HAS BEEN REQUESTED.

MR. MAGNARELLI: YES. MR. SPEAKER, THE BILL

WOULD AUTHORIZE THE DEPARTMENT OF TRANSPORTATION AND THE THRUWAY

AUTHORITY TO IMPLEMENT A FIVE-YEAR DEMONSTRATION PROGRAM USING

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SPEED CAMERA SYSTEMS IN HIGHWAY WORK ZONES. THE DOT COULD

OPERATE UP TO 20 SPEED CAMERA SYSTEMS IN DOT WORK ZONES ON

INTERSTATES, FREEWAYS AND EXPRESSWAYS UNDER ITS JURISDICTIONS, AND THE

THRUWAY AUTHORITY UP TO TEN IN WORK ZONES ON THE THRUWAY.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

FIRST, THANKS TO THE MAJORITY LEADER FOR GIVING ME AN EXPLANATION OF

WHAT WE WERE GOING TO DO NEXT. AND IF THE SPONSOR WOULD YIELD, I'D

APPRECIATE THAT SO HE CAN GIVE ME AN EXPLANATION ON THE BILL WE'RE ON.

ACTING SPEAKER AUBRY: MR. MAGNARELLI, WILL

YOU YIELD?

MR. MAGNARELLI: YES.

ACTING SPEAKER AUBRY: MR. MAGNARELLI WILL

YIELD, MR. GOODELL.

MR. GOODELL: THANK YOU, MR. MAGNARELLI. JUST

WANTED TO WALK THROUGH THIS A LITTLE BIT. THIS BILL ENVISIONS A SPEED

CAMERA SYSTEM IN WORK ZONES UNDER THE INSIGHTS DESIGNATED BY THE

THRUWAY AUTHORITY AND THE STATE DOT, IS THAT CORRECT?

MR. MAGNARELLI: THAT'S CORRECT.

MR. GOODELL: AND THIS PROVIDES THAT IF THERE'S A

NOTICE THAT'S SENT OUT OF A VIOLATION, AND THAT NOTICE WOULD COME FROM

THE CITY OR MUNICIPALITY WHERE THE SPEED ZONE WAS LOCATED, CORRECT?

MR. MAGNARELLI: THAT'S CORRECT.

MR. GOODELL: AND IF THE OWNER FAILED TO RESPOND

QUICKLY -- WELL, FAILED TO RESPOND AT ALL, THIS PARKING VIOLATION COULD

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RESULT IN A SUSPENSION OF THEIR OWNER'S REGISTRATION, CORRECT?

MR. MAGNARELLI: YES. YOU HAVE TO HAVE THREE

THAT YOU DON'T RESPOND TO WITHIN 18 MONTHS.

MR. GOODELL: AND THE NOTICE ACTUALLY GOES OUT

AND IT SAYS IF YOU DON'T RESPOND, YOU MAY FACE NONRENEWAL OR

SUSPENSION OF YOUR LICENSE?

MR. MAGNARELLI: I -- I BELIEVE SO, YES.

MR. GOODELL: MM-HMM. AND IF YOU DON'T

RESPOND WITH A CERTAIN NUMBER OF DAYS, THERE'S A MANDATORY SURCHARGE

OF $15, CORRECT?

MR. MAGNARELLI: I THOUGHT IT WAS $25, BUT...

MR. GOODELL: WELL, THERE'S ANOTHER ONE. THERE'S

MORE THAN ONE. THERE'S AN INITIAL ONE IT LOOKS LIKE OF $15...

MR. MAGNARELLI: NO. THE ONLY PENALTY IS A $25

PENALTY CAN BE IMPOSED FOR FAILURE TO RESPOND TO A NOTICE OF LIABILITY

WITHIN THE PRESCRIBED TIME.

MR. GOODELL: OKAY. AND -- NOW, THIS PROVIDES IF

THE OWNER WANTS, THEY CAN HAVE A HEARING, CORRECT?

MR. MAGNARELLI: I BELIEVE THAT'S CORRECT.

MR. GOODELL: AND AT THAT HEARING, THE HEARING

EXAMINER CAN LOOK BACK AND SEE WHETHER OR NOT THE OWNER HAD ANY

OTHER SPEED CAMERA VIOLATIONS, CORRECT?

MR. MAGNARELLI: I WOULD ASSUME SO.

MR. GOODELL: WELL, I'M LOOKING AT PAGE 10, LINE

13 THROUGH 18 --

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MR. MAGNARELLI: OKAY.

MR. GOODELL: -- AND IT LOOKS PRETTY CLEAR THAT THE

TRAFFIC VIOLATIONS BUREAU CAN LOOK BACK AT PRIOR HISTORY.

MR. MAGNARELLI: OKAY.

MR. GOODELL: AND THEN THEY CAN USE THAT TO

ASSESS THE FINES. SO IT CAN BE A HIGHER FINE IF IT'S NOT THE FIRST TIME,

CORRECT?

MR. MAGNARELLI: CORRECT. NO --

MR. GOODELL: NOW, THIS IS VERY CLEAR THAT --

MR. MAGNARELLI: EXCUSE ME. EXCUSE ME, I'M

SORRY. IF IT'S A REPEAT OFFENSE OF -- FOR A VIOLATION OF THE SPEED ZONE

CAMERAS.

MR. GOODELL: YES. NOW, THIS BILL IS VERY CLEAR

THAT THE SPEED CAMERAS ARE NOT TO TAKE A PICTURE OF THE DRIVER, CORRECT?

MR. MAGNARELLI: THAT'S CORRECT.

MR. GOODELL: WHICH THEN RAISES THE SECOND

ISSUE, THE DRIVER CAN'T OBJECT TO THE TICKET ON THE GROUNDS THAT HE WASN'T

DRIVING THE CAR, AM I CORRECT, UNLESS THE CAR -- YOU CAN ESTABLISH THAT THE

CAR WAS STOLEN --

MR. MAGNARELLI: RIGHT.

MR. GOODELL: -- OR -- WELL, BASICALLY STOLEN,

RIGHT?

MR. MAGNARELLI: RIGHT, THAT'S CORRECT.

MR. GOODELL: WELL, WHY DON'T WE HAVE A PICTURE

OF THE DRIVER WITH A SPEED CAMERA SO THAT WE CAN VERIFY THAT THE PERSON

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WHO IS BEING FINED ACTUALLY WAS DRIVING THE VEHICLE?

MR. MAGNARELLI: I THINK WE'RE TRYING TO PROTECT

THE PRIVACY OF THE PEOPLE IN THE CAR, THE DRIVER AND ANY PASSENGERS IN

THE CAR.

MR. GOODELL: SO WE PROTECT THEIR PRIVACY AND

ELIMINATE THE RIGHT TO DEFEND THEMSELVES.

MR. MAGNARELLI: WHAT WE'RE TRYING TO DO HERE

IS SIMILAR TO A PARKING TICKET. IT'S NOT A MOVING VIOLATION THAT RESULTS IN

POINTS OR WILL -- AND IT WILL NOT AFFECT YOUR INSURANCE. SO BASICALLY IT'S

THE SAME TYPE OF THING AS A PARKING TICKET.

MR. GOODELL: OF COURSE THIS IMPOSES LIABILITY ON

THE OWNER EVEN IF, FOR EXAMPLE, THE OWNER WAS IN FLORIDA AT THE TIME

AND MAYBE ONE OF THEIR KIDS OR A FRIEND HAD BORROWED THEIR CAR, RIGHT?

MR. MAGNARELLI: THAT'S CORRECT.

MR. GOODELL: IT'S THE OWNER'S LIABILITY.

MR. MAGNARELLI: THAT'S CORRECT.

MR. GOODELL: AND THE FINE IS $50 FOR THE FIRST

VIOLATION, $75 FOR THE SECOND VIOLATION IF IT WAS WITHIN 18 MONTHS, AND

$100 FOR THE THIRD AND SUBSEQUENT VIOLATIONS, CORRECT?

MR. MAGNARELLI: THAT'S CORRECT.

MR. GOODELL: NOW, IF THE OWNER'S CAR WAS STOLEN,

LET'S SAY IT WAS STOLEN WHILE THEY'RE IN FLORIDA --

MR. MAGNARELLI: MM-HMM.

MR. GOODELL: -- AND -- AND USED AS A GETAWAY CAR

SPEEDING THROUGH A SPEED ZONE, FOR EXAMPLE --

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MR. MAGNARELLI: MM-HMM.

MR. GOODELL: -- THE OWNER WOULD HAVE NO

DEFENSE, AM I CORRECT, UNLESS HE REPORTED THE CAR STOLEN BEFORE IT WAS

CAPTURED ON THE SPEED CAMERA?

MR. MAGNARELLI: I -- I DON'T THINK THAT'S TRUE. I

THINK HE'D HAVE TO BE ABLE TO PROVE THAT IT WAS STOLEN BY THE TIME HE

GOES INTO -- IF HE WANTS TO HAVE THE HEARING.

MR. GOODELL: I'M LOOKING AT PAGE 27, LINE 15 --

OR 16 AND 17, IT SAYS IT'S A DEFENSE IF THE OWNER REPORTS THAT THE VEHICLE

OR THE LICENSE PLATE HAD BEEN, QUOTE, "REPORTED TO THE POLICE AS STOLEN

PRIOR TO THE TIME OF THE VIOLATION." SO IF THE OWNER DOESN'T REALIZE IT

WAS STOLEN PRIOR TO THE VIOLATION DATE, THEN THE OWNER'S LIABLE, RIGHT?

MR. MAGNARELLI: I DON'T BELIEVE THAT'S THE CASE.

I THINK IT'S THE CASE THAT IT WOULD BE SUFFICIENT FOR THAT TICKET, BUT ON THE

OTHER HAND, THERE ARE OTHER WAYS THAT YOU CAN GO ABOUT TO PROVE THAT

THE CAR WAS STOLEN AT THE TIME OF YOUR HEARING.

MR. GOODELL: NOW, HOW MANY DEMONSTRATION

PROGRAMS ARE AUTHORIZED BY THIS BILL, WAS IT 20?

MR. MAGNARELLI: THIRTY.

MR. GOODELL: THIRTY.

MR. MAGNARELLI: TEN -- TEN IN THE THRUWAY AND

20 WITH THE DEPARTMENT OF TRANSPORTATION.

MR. GOODELL: NOW, IF THE OWNER OF THE VEHICLE IS

LEASING IT TO SOMEBODY ELSE, THEY AVOID LIABILITY, CORRECT, AS LONG AS

THEY PROVIDE A WRITTEN COPY OF THE RENTAL, LEASE OR OTHER CONTRACT

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DOCUMENT COVERING THE VEHICLE ON THE DATE OF THE VIOLATION WITH THE

NAME AND ADDRESS OF THE LESSEE AND THEY'RE SUPPOSED TO -- AREN'T THEY

SUPPOSED TO PROVIDE THAT TO THE JURISDICTION BEFORE THE SPEED CAMERA

VIOLATION?

MR. MAGNARELLI: I DON'T UNDERSTAND, SIR, WHAT

YOU'RE ASKING THERE. THEY HAVE TO PROVIDE THAT BEFORE THEY GET THE

TICKET? I -- I DON'T UNDERSTAND.

MR. GOODELL: SO THEY GET THE TICKET AND THEY THEN

HAVE TO SEND IN THE COPY OF THE LEASE AND SAY, I'M NOT THE OWNER, I'M

JUST -- I'M THE OWNER, BUT I WASN'T --

MR. MAGNARELLI: YEAH, I THINK THERE'S A CERTAIN

AMOUNT OF TIME IN THE BILL IN WHICH THEY HAVE TO SEND IN THAT

DOCUMENTATION TO SHOW THAT THEY WERE LEASING THE VEHICLE.

MR. GOODELL: NOW, ONE OF THE DEFENSES, AND I

APPRECIATE THIS, IS THAT THE DEFENDANT, THE OWNER, CAN CLAIM THAT THE

SYSTEM WAS MALFUNCTIONING, CORRECT?

MR. MAGNARELLI: OKAY.

MR. GOODELL: BUT THIS BILL DOESN'T GIVE THE OWNER

ANY RIGHT TO ACTUALLY INSPECT THE CAMERA OR HAVE IT INSPECTED BY A THIRD

PARTY, CORRECT?

MR. MAGNARELLI: I -- I THINK IF THERE WAS A

HEARING, YOU WOULD HAVE TO SHOW THAT THE CAMERA WAS BEING OPERATED

PROPERLY AND THAT IT HAD BEEN LOOKED AT THE DAY OF OPERATION AND HAD

ITS, WHATEVER, ANNUAL INSPECTION OR WHATEVER THEY DO.

MR. GOODELL: I SEE. AND THESE CAMERAS WOULD

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BE ON 24/7?

MR. MAGNARELLI: NO. THEY WOULD BE ON WHILE

THE WORK WAS BEING DONE IN A WORK ZONE.

MR. GOODELL: SO IF THE WORKERS ARE JUST WORKING

THERE, SAY, DURING THE DAYLIGHT, WHICH IS OFTEN THE CASE, FOR EXAMPLE, IF

THEY'RE REPAINTING A BRIDGE THEY DON'T NORMALLY WORK AT NIGHT, IS THE

CAMERA TURNED OFF WHEN THE WORKERS LEAVE AND TURNED BACK --

MR. MAGNARELLI: YES.

MR. GOODELL: -- ON WHEN THEY COME, OR IS IT ON

24/7?

MR. MAGNARELLI: YES, THE CAMERAS ARE

SUPPOSED TO BE TURNED OFF WHEN THE WORK STOPS.

MR. GOODELL: AND IS THERE ANY LANGUAGE IN THE

BILL THAT ADDRESSES THAT?

MR. MAGNARELLI: I BELIEVE THERE IS. I CAN'T POINT

TO IT RIGHT NOW, BUT I BELIEVE THERE IS.

MR. GOODELL: OKAY. THANK YOU VERY MUCH, MR.

MAGNARELLI. I APPRECIATE YOU WALKING US THROUGH THAT BILL.

MR. MAGNARELLI: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: WE HAVE HAD SEVERAL SPEED CAMERA

BILLS PRESENTED TO THE LEGISLATURE FOR DEMONSTRATION PROGRAMS. WE HAD

-- THE FIRST ONE WAS IN NEW YORK CITY AND THEY WERE REQUIRED TO

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PROVIDE US WITH A REPORT ON A REGULAR BASIS OUTLINING HOW THE SYSTEM

WORKED AND EVERY, LIKE, FOUR, FIVE YEARS WE'D RENEW IT AND EVERY TIME

WE RENEWED IT WE POINTED OUT THAT WE NEVER GOT ANY OF THOSE REPORTS.

AND THIS BILL, LIKEWISE, CALLS FOR THE DOT OR THE THRUWAY AUTHORITY TO

GIVE US A REPORT, BUT HAS NO CONSEQUENCES IF THEY DON'T. IF THEY JUST

BLOW IT OFF JUST LIKE THE CITY OF NEW YORK DID, IT DOESN'T MATTER.

BUT WHAT'S PARTICULARLY TROUBLING IS THE LACK OF DUE

PROCESS. AN OWNER WHO IS NOT DRIVING CANNOT RAISE THIS AS A DEFENSE.

THEY CAN'T SAY, HEY, HERE'S MY TICKET TO FLORIDA, HERE'S A PICTURE OF ME

ON FACEBOOK, I WAS IN FLORIDA, I WASN'T DRIVING, DOESN'T MATTER; STRICT

LIABILITY ON THE OWNER. THE ONLY WAY THEY CAN ESTABLISH A DEFENSE IS IF

THEY SAY THE CAR WAS STOLEN. NOW, THEY MAY EVEN HAVE SOMEBODY WHO

SAYS, YEAH, IT WAS ME, DOESN'T MATTER; OWNER GETS THE TICKET, OWNER GETS

THE FINE. AND I APPRECIATE MY COLLEAGUE'S COMMENT THAT THE CAMERAS

ARE ONLY GOING TO BE ON WHILE WORKERS ARE THERE, BECAUSE WE'VE ALL

COME ACROSS WORK ZONES AND IT'S OBVIOUS NOBODY'S WORKING THERE. AND

SOMETIMES PEOPLE DON'T SLOW DOWN WHEN IT'S OBVIOUS THERE'S NO ONE

THERE, BUT THERE'S NOTHING IN THE LANGUAGE THAT LIMITS THE APPLICABILITY TO

WHEN THERE ARE WORKERS. AND WHILE IT SAYS THAT THEY'RE SUPPOSED TO DO

A SELF-VERIFICATION OF THE CAMERA, THERE'S NO RIGHT UNDER THIS LANGUAGE

FOR THE OWNER TO ACTUALLY HAVE THE CAMERA INDEPENDENTLY INSPECTED.

HOPEFULLY THERE'LL BE WARNING SIGNS. AND THEN THE LAST THING THAT'S KIND

OF INTERESTING ABOUT THIS, IT SAYS THAT THE SPEED CAMERA HAS TO BE SET AT

TEN MILES-AN-HOUR ABOVE THE SPEED ZONE. SO THINK ABOUT THAT, YOU'RE

DRIVING AT 65, THERE'S A SPEED ZONE AT 55, YOU DON'T HAVE TO SLOW DOWN

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AT ALL UNDER THIS BILL. AND SO IT SEEMS KIND OF COUNTERINTUITIVE.

NOW IRONICALLY, THESE ISSUES, PARTICULARLY THE DUE

PROCESS ISSUES, AND THE HOURS OF OPERATION, AND THE STRICT LIABILITY HAS

CAUSED A HUGE OUTCRY IN THE CITY OF BUFFALO RESULTING IN PEOPLE COMING

TO THE CITY COUNCIL AND RESULTING IN THE CITY COUNCIL ACTUALLY PASSING A

RESOLUTION BANNING THE PROGRAM. AND IN ADDITION, THERE'S A LAWSUIT

BROUGHT AGAINST THE CITY OF BUFFALO POINTING OUT THAT THE SPEED CAMERA

DEMONSTRATION BILL, AS WRITTEN, VIOLATES THE CONSTITUTION AND DUE

PROCESS AND -- AND THOSE ISSUES. SO WHEN WE HAVE A SITUATION WHERE

WE SEE A DEMONSTRATION PROGRAM, WHICH IS SUPPOSED TO GIVE US

GUIDANCE ON HOW TO MOVE FORWARD, WE SEE A DEMONSTRATION PROGRAM

THAT TURNS OUT TO BE EXTRAORDINARILY CONTROVERSIAL AND THE SUBJECT OF A

LAWSUIT, IT SEEMS THAT WE OUGHT TO PAUSE AND REDESIGN THE

DEMONSTRATION PROGRAM TO ADDRESS THE ISSUES THAT WERE RAISED. AND

INSTEAD, THIS LEGISLATION USES THE EXACT SAME LANGUAGE THAT IS CURRENTLY

BEING CHALLENGED IN COURT IN BUFFALO THAT RESULTED IN THE BUFFALO CITY

COUNCIL TERMINATING THE WHOLE PROGRAM BECAUSE OF THE OUTRAGE IN THE

PUBLIC OVER HOW IT WAS OPERATED. AND WE SHOULD LEARN ON

DEMONSTRATION PROGRAMS AND IMPROVE, AND IT'S A SIMPLE THING TO DO.

IT'S A SIMPLE THING TO SAY THE OWNER CAN AVOID LIABILITY BY ESTABLISHING

THEY WEREN'T DRIVING. IT'S A SIMPLE THING TO DO TO SAY THE OWNER HAS

BASIC DUE PROCESS. IT'S A SIMPLE THING TO DO TO SAY IF THE OWNER WANTS

TO HAVE A CAMERA INSPECTED AT THEIR EXPENSE TO SEE IF IT'S ACCURATE BY A

THIRD PARTY, THEY OUGHT TO HAVE THAT RIGHT. IT'S A VERY SIMPLE THING TO

INCLUDE IN THE BILL THAT THE SPEED CAMERAS WILL ONLY BE OPERATING WHILE

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PEOPLE ARE THERE.

AND, UNFORTUNATELY, THOSE CHANGES HAVEN'T BEEN MADE

AND ACCORDINGLY, I WOULD RECOMMEND MY COLLEAGUES THAT WE CHANGE

THE DEMONSTRATION PROGRAM TO LEARN FROM PRIOR DEMONSTRATION

PROGRAMS SO WE DON'T REPEAT THE SAME PROBLEMS. FOR THAT REASON, I'LL

BE VOTING AGAINST IT AND RECOMMEND THE SAME TO MY COLLEAGUES. THANK

YOU, MR. SPEAKER, AND AGAIN, THANK YOU, TO MY COLLEAGUE FOR HIS

PATIENCE IN WALKING ME THROUGH THIS LONG BILL. THANK YOU.

ACTING SPEAKER AUBRY: MR. MONTESANO.

MR. MONTESANO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MONTESANO: THANK YOU. SO THERE ARE

SEVERAL DIFFERENT ISSUES WITH THIS, AND JUST TO PICK UP A MOMENT WHERE

THE LAST SPEAKER ADDRESSED SOME ISSUES. A NUMBER OF YEARS AGO, IF MY

RECOLLECTION IS CORRECT, THE VEHICLE AND TRAFFIC LAW WAS AMENDED

DEALING WITH CONSTRUCTION SPEED ZONES THAT THE SPEED LIMIT, THE REDUCED

SPEED LIMIT AT A WORK ZONE IS IN EFFECT 24/7 EVEN THOUGH THERE'S NO

WORKERS WORKING AT THE WORK ZONE. NOW PRIOR TO THAT, YOU NEEDED AN

ACTIVE WORK ZONE TO GIVE SOMEONE A SUMMONS. SO THIS LANGUAGE BEING

ABSENT FROM THE BILL IS CONCERNING BECAUSE IT WOULD DEFAULT TO THE

CURRENT VEHICLE AND TRAFFIC LAW.

BUT MY BIG ISSUE IS THIS, YOU KNOW, WE'RE DOING THIS,

AND I APPLAUD THE SPONSOR FOR HIS THOUGHTFULNESS IN TRYING TO PROTECT

ROAD WORKERS, YOU KNOW, FROM ALL DIFFERENT WALKS OF LIFE WHETHER

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THEY'RE, YOU KNOW, PAVING THE ROADS, THEY'RE PAINTING BRIDGES OR

WHATEVER. BUT MY CONCERN IS THIS, RIGHT NOW SOMEONE SPEEDS IN A

SPEED ZONE, THE FINE IS DOUBLED AND THE POINTS ARE VERY HIGH, RIGHT, AND

BECAUSE THE TICKET IS ISSUED BY A POLICE OFFICER WHO MADE THE

OBSERVATION AND THEN WHO TESTED THE SPEED WITH RADAR. SO NOW WE'RE

GOING TO A SYSTEM WHERE A CAMERA'S GOING TO TAKE THE PICTURE OF THE

SPEED, WHICH THEY'RE NOT VERY ACCURATE AT, AND THEN YOU MAIL A NOTICE OF

VIOLATION TO THE REGISTERED OWNER OF THE VEHICLE AND HE PAYS WHATEVER

FINE IT IS, $50, $100, $200. THE POINT IS THERE'S NO POINTS, THERE'S NO

ENTRY ON THE OPERATOR'S LICENSE. AND SO WHAT'S THE DETERRENT? WHAT'S

THE DETERRENT FROM PEOPLE SLOWING DOWN IN A WORK ZONE WHEN ALL THEY

HAVE TO DO IS PUT THEIR CREDIT CARD ONLINE AND PAY A FINE? AND NOT ONLY

DO YOU GET POINTS IF YOU GET THE TICKET PERSONALLY BY A POLICE OFFICER, IT

HAS SERIOUS CONSEQUENCES ON YOUR CAR INSURANCE BECAUSE WHEN YOUR

INSURANCE COMPANY LOOKS AT YOUR TRANSCRIPT AND THE AMOUNT OF POINTS

YOU HAVE, THEY ALSO LOOK AT THE ORIGIN OF THE POINTS, WHAT WAS THE

NATURE OF THE VIOLATION. SO IF YOU HAVE POINTS BECAUSE YOU PASSED A

STOPPED SCHOOL BUS, YOU EXCEEDED THE SPEED LIMIT IN A WORK ZONE, ANY

OF THOSE DANGEROUS TYPES OF ACTIVITIES, THEY'RE MORE SEVERE WITH YOU ON

A SURCHARGE ON YOUR INSURANCE POLICY THAN IT IS IF YOU GOT A TICKET FOR

FAILING YOUR SIGNAL AND YOU GOT TWO POINTS FOR THAT.

SO WE'RE REALLY NOT HELPING THESE CONSTRUCTION

WORKERS. YOU KNOW, IN OTHER STATES, IN OTHER STATES WHEN THERE'S AN

ACTIVE CONSTRUCTION JOB ON THE HIGHWAYS, ESPECIALLY IN CONNECTICUT,

THEY ASSIGN A STATE POLICE CAR TO THAT CONSTRUCTION SITE, AND THEY'RE THERE

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TO MONITOR THE SPEED OF THE COMING TRAFFIC, AND THEY DEAL WITH THE

SPEEDERS WHEN THEY COME THROUGH. AND THE LAWS IN CONNECTICUT ARE

VERY SEVERE FOR VIOLATING THE SPEED ZONE ON A CONSTRUCTION PROJECT. SO

WE'RE REALLY NOT DOING ANYTHING HERE BUT FILLING THE COFFERS OF THE STATE

OR THE MUNICIPALITY WHERE THE CONSTRUCTION SITE IS LOCATED, HOWEVER

THEY'RE GOING TO DIVVY UP THE MONEY, AND THE CONSTRUCTION WORKERS ARE

STILL GOING TO BE IN DANGER. IT'S A FALSE SENSE OF SECURITY TO MAKE THEM

THINK BECAUSE WE'RE PUTTING A CAMERA UP THAT PEOPLE ARE REALLY GOING TO

SLOW DOWN AND PAY ATTENTION TO THEM. THE ONLY WAY YOU GET THE

ATTENTION OF PEOPLE IS WHEN THE PENALTY IS SEVERE, THE PUNISHMENT IS

SEVERE. AND WHEN SOMEONE HAS TO GO TO A TRAFFIC COURT, A VILLAGE TOWN

COURT -- A VILLAGE COURT, A TOWN COURT, CITY COURT, WHEREVER IT MAY BE

AND ANSWER THAT TYPE OF TICKET. AND YOU COULD ALSO AMEND THE LAW THAT

SAYS, YOU KNOW, THIS IS WHEN THE POLICE OFFICER ISSUES THE TICKET, THAT IT

REQUIRES A PERSONAL APPEARANCE, BECAUSE ANYTHING OVER 20, 25

MILES-AN-HOUR NORMALLY REQUIRES A PERSONAL APPEARANCE IN TRAFFIC COURT,

YOU JUST CAN'T MAIL IT IN. SO YOU CAN DO THE SAME THING WITH THIS TYPE OF

TICKET. BUT GIVING THEM JUST A TICKET IN THE MAIL AND TELLING THEM TO PAY

UP WITH NO POINTS, NO INSURANCE CONSEQUENCE, AND NO RISK OF BEING

INCARCERATED, BECAUSE I WILL TELL YOU, HAVING BEEN A VILLAGE JUDGE FOR A

NUMBER OF YEARS AND, YOU KNOW, WE HAVE, IN THE PAST, JUDGES THAT ARE

ON OUR, YOU KNOW, ARE IN OUR HOUSE, WILL TELL YOU THAT WHEN YOU HAVE

SOMEONE WITH A BAD ENOUGH TRAFFIC RECORD AND THEY -- AND THEY COMMIT

AND ARE CONVICTED OF A VERY SERIOUS TRAFFIC OFFENSE, YOU CAN GIVE THEM

NOT ONLY THE FINE, BUT AN ALTERNATIVE PERIOD IN JAIL, 15 TO 30 DAYS

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NYS ASSEMBLY JUNE 9, 2021

DEPENDING ON THE VIOLATION.

SO YOU HAVE TO HAVE SOME REASON TO MAKE THESE

PEOPLE UNDERSTAND THAT THIS CONDUCT IS NOT ACCEPTABLE. AND BY JUST

GIVING THEM A FINE IN THE MAIL, AND I'LL JUST SAY IT ONE MORE TIME,

WITHOUT THE CONSEQUENCES OF POINTS, INSURANCE SURCHARGES OR ANYTHING

ELSE, THIS IS -- THIS IS OF NO USE. IT GIVES THEM A FALSE SENSE OF SECURITY.

AGAIN, I KNOW WE WANT TO HELP THEM, BUT THERE'S MANY OTHER WAYS FOR

US TO ADDRESS THIS ISSUE WITHOUT RESORTING TO THIS. YOU KNOW, A NUMBER

OF YEARS AGO, THE NEW YORK STATE COURT OF APPEALS RULED THAT A

SPEEDING TICKET COULD ONLY BE GIVEN TO A DRIVER, TO AN OPERATOR OF A

VEHICLE, UPON THE PERSONAL OBSERVATION AND ESTIMATE OF SPEED BY A

POLICE OFFICER, WHICH HE COULD VERIFY BY USING A LASER GUN OR A RADAR

DEVICE. AND THAT HAPPENED BECAUSE THEY TRIED TO PUT SPEED CAMERAS ON

THE NEW YORK STATE THRUWAY, AND/OR USE THE E-ZPASS TO MEASURE.

YOU KNOW, YOU WENT FROM ONE EXIT TO THE NEXT EXIT, X-AMOUNT OF TIME,

THAT MEANS YOU EXCEEDED THE SPEED LIMIT. AND THE COURT THREW THAT OUT

AND SAID YOU CAN'T DO THAT. BUT THE COURT -- THIS SYSTEM THAT YOU'RE

USING NOW THAT'S -- THAT THIS BILL PROPOSES DOESN'T RUN

(INAUDIBLE/TECHNICAL DIFFICULTIES) APPEALS DECISION BECAUSE YOU'RE NOT

PUTTING THE VIOLATION ON THE PERSON'S DRIVING LICENSE, IT'S ONLY GOING TO

THE REGISTERED OWNER OF THE VEHICLE. IT'S THE SAME CONCEPT BEING USED

FOR THE RED LIGHT CAMERAS IN NASSAU AND SUFFOLK. IT NEVER GOES TO THE

DRIVER, IT GOES TO THE VEHICLE OPERATOR, SO MANY TIMES YOU HAVE MAYBE

YOUR CHILD OR YOUR SPOUSE OPERATING YOUR VEHICLE, THEY GO THROUGH THE

RED LIGHT, YOU GET THE NOTICE, IT'S IN YOUR NAME AND YOU HAVE TO FIGURE

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OUT WHO'S PAYING FOR IT. IT'S THE SAME THING WITH THE SPEED CAMERAS

BEING UTILIZED IN THE CITY OF NEW YORK IN THE SCHOOL ZONES. AGAIN, SO

PEOPLE SPEED THROUGH A SCHOOL ZONE, THEY GET A TICKET IN THE MAIL AND

THEY PAY FOR IT, THERE'S NO OTHER CONSEQUENCES.

SO WHEN WE'RE GOING TO DO THINGS LIKE THIS AND WE'RE

REALLY SERIOUS ABOUT PROTECTING OUR CONSTRUCTION WORKERS, OUR ROAD

CREWS, LET'S BE SERIOUS ABOUT IT AND LET'S BE REALLY SEVERE WITH THE

VIOLATORS OF THESE LAWS SO THESE PEOPLE ARE REALLY PROTECTED. AND FOR

THOSE REASONS, I'LL BE VOTING IN THE NEGATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. BYRNES.

MS. BYRNES: THANK YOU. WILL THE SPEAKER YIELD --

OR THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: THE SPONSOR WILL

YIELD, MR. MAGNARELLI?

MR. MAGNARELLI: YES, MR. SPEAKER.

MS. BYRNES: SORRY, IT'S A LONG DAY AND IT'S GOING TO

GET LONGER. I DO HAVE A COUPLE OF QUESTIONS. SIR, WHAT IS THE

ADMINISTRATIVE ERROR RATE ON SENDING VIOLATION NOTICES TO THE WRONG

PERSON?

MR. MAGNARELLI: I DON'T KNOW.

MS. BYRNES: IF -- WHAT DUE PROCESS RIGHTS ARE THERE

IF A PERSON IS FALSELY ACCUSED, AND NOT ONLY WERE THEY NOT THE DRIVER, IT

WASN'T EVEN THEIR VEHICLE BUT THEY GET A FALSE AND INCORRECT NOTICE

BECAUSE THE COMPUTERS MISREAD THE LICENSE PLATE, OR I HAD ONE

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CONSTITUENT WHO HAD A MOTORCYCLE IN THE 1970S AND HE WAS ACCUSED OF

GOING THROUGH A RED LIGHT IN NEW YORK CITY AND THE PICTURE WAS A NEW

YORK CITY TAXI CAB THAT DECADES LATER HAD THAT LICENSE REISSUED WHO

SPENT HOURS ON THE PHONE TRYING TO EXPLAIN IT WASN'T HIM, IT WAS A NEW

YORK CITY TAXI CAB. I MEAN, WHAT RECOURSE DO THESE PEOPLE HAVE WHO

ARE FALSELY ACCUSED BY COMPUTERS?

MR. MAGNARELLI: THEY HAVE -- THEY HAVE THE

ABILITY TO HAVE A HEARING AND TO PRODUCE EVIDENCE THAT SHOWS THAT IT

WASN'T THEIR VEHICLE.

MS. BYRNES: AND THAT'S IN THE AREA WHERE IT

ALLEGEDLY OCCURRED. SO IF I'M IN -- SOMEBODY'S IN ALBANY BUT THEY LIVE

IN ROCHESTER AND THEY'RE EXPECTED TO GO ALL THE WAY TO ALBANY OR

WHEREVER THE ALLEGATION IS IN ORDER TO HAVE TO DEFEND THEMSELVES, WHO

COULD INVOLVE TAKING A DAY OR TWO OFF OF WORK, IF THEY CAN EVEN GET THE

TIME OFF OF WORK, POTENTIALLY HIRING AN ATTORNEY, JUST TO CORRECT AN ERROR

ON THE PART OF THE COMPUTER SYSTEM. I MEAN, IS THAT -- YOU KNOW, I

UNDERSTAND TOTALLY THE PURPOSE OF THIS BILL, TOTALLY. I'VE GOTTEN A LOT OF

CONSTITUENT CALLS, I'M JUST CONCERNED ABOUT DUE PROCESS FOR THE PEOPLE

FALSELY ACCUSED, SIR.

MR. MAGNARELLI: I THINK YOU'RE ANSWERING YOUR

OWN QUESTION IN THE SENSE THAT IF YOU HAVE TO DEFEND YOURSELF, YOU HAVE

THE ABILITY TO HAVE A HEARING AND TO PRODUCE THE EVIDENCE THAT SHOWS IT

WASN'T YOUR VEHICLE.

MS. BYRNES: BUT THAT COULD INVOLVE A DAY OR TWO

OF A PERSON'S TIME --

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MR. MAGNARELLI: IT COULD.

MS. BYRNES: -- THEY HAVE NO RECOURSE IF IT'S SHOWN

THAT DMV MADE THE ERROR. WHAT CAN THEY GET BACK? CAN THEY GET THEIR

EXPENSES BACK, OR THEY'RE SOL?

MR. MAGNARELLI: NO. AGAIN, I THINK YOU'RE

ANSWERING YOUR OWN QUESTION. IT WOULD BE LIKE ANY OTHER OFFENSE THAT

YOU WOULD HAVE TO DEFEND YOURSELF AGAINST.

MS. BYRNES: AND YOU HAVE NO IDEA WHAT THE ERROR

RATE IS, SIR, YOU INDICATED THAT --

MR. MAGNARELLI: NO, I DON'T. AND, YOU KNOW,

FROM PERSONAL EXPERIENCE, I CAN SAY THAT I'VE RECEIVED A TICKET IN THE

MAIL SAYING THAT I WAS IN NEW YORK CITY ON A CERTAIN DATE DRIVING A CAR

THAT I NEVER OWNED, AND I HAD TO DEAL WITH IT. BUT I THINK THOSE

EXPERIENCES ARE FEW AND FAR BETWEEN. I CAN'T GIVE YOU THE EXACT

PERCENTAGES, BUT I DON'T BELIEVE IT'S A VERY BIG ONE.

MS. BYRNES: WELL, I CAN LET YOU KNOW, SIR, THAT

I'VE HAD TEN CALLS FROM CONSTITUENTS IN THE LAST TWO YEARS ABOUT

FALSELY-READ, GOING THROUGH TOLL BOOTHS OR LIGHTS IN NEW YORK CITY OR

ALONG THE THRUWAY FROM PEOPLE WHO HAD NEVER BEEN THERE.

MR. MAGNARELLI: MM-HMM.

MS. BYRNES: SO I CAN TELL YOU THAT THERE'S TEN

PEOPLE IN MY -- MY JURISDICTION THAT I KNOW OF. I THINK A LOT OF PEOPLE

-- OH, EXCUSE ME. THANK YOU, SIR. CAN I GO ON THE BILL, SIR?

ACTING SPEAKER AUBRY: ON THE BILL.

MS. BYRNES: THANK YOU. THANK YOU, GENTLEMEN.

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THAT'S MY CONCERN, IS THAT WHEN WE TURN TO VESTING

EVERYTHING WE HAVE IN AUTOMATION, AND WE ALREADY KNOW, AS THE

SPONSOR SAID, HE HIMSELF WAS A VICTIM OF AN ERROR. I KNOW MULTIPLE

PEOPLE WHO HAVE -- AND INCLUDING MY OTHER -- SIGNIFICANT OTHER WHO

HAD A SIMILAR PROBLEM WITH ALLEGEDLY GOING THROUGH A RED LIGHT IN

TEXAS TO A STATE HE'S NEVER BEEN TO, WITH THE SAME TYPE OF SETUP,

THOUGH, THAT IT JUST SEEMS THAT BEFORE WE INVEST MORE IN TECHNOLOGY

WHICH IS ALREADY PROVEN ITSELF TO BE INACCURATE, AND TO PUT TREMENDOUS

BURDENS ON PEOPLE THAT CAN BE FALSELY ACCUSED VIA ELECTRONICS, THAT

BEFORE WE DO THAT, WE SHOULD FIRST MAKE SURE THAT OUR ABILITY TO BE ABLE

TO EVEN READ LICENSES, FORGET WHO'S DRIVING THE CAR, TO EVEN HAVE THE

RIGHT VEHICLE, THE RIGHT MOTORCYCLE, THE RIGHT TRUCK, THE RIGHT CAR, IS -- IS

CERTAINLY AT A HIGHER RATE OF ACCURACY THAN HAS BEEN DEMONSTRATED.

SO WITH THE DEEPEST OF RESPECT TO ALL OF OUR

CONSTRUCTION WORKERS AND ALL THE CALLS THAT I HAVE GOTTEN, I'LL BE VOTING

NO ON THIS BILL. I JUST DON'T THINK THAT THE TECHNOLOGY IS ADVANCED

ENOUGH YET TO BE ABLE TO ACCURATELY BE ABLE TO ASSESS THESE VIOLATIONS.

THANK YOU VERY MUCH, MR. SPEAKER, AND ALSO TO THE BILL SPONSOR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. REILLY.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. MAGNARELLI, WILL

YOU YIELD?

MR. MAGNARELLI: YES, SIR, I WILL.

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ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. REILLY: THANK YOU, MR. MAGNARELLI. IN

REGARDS TO THIS DEMONSTRATION PROGRAM, WILL -- DOES THE BILL SPECIFICALLY

STATE SIGNAGE THAT HAS TO BE PLACED FOR PHOTO AND WHAT TYPE OF SIGNAGE

THAT IS?

MR. MAGNARELLI: YES. IT'S GOT TO COMPLY WITH

ENGINEERING SPECIFICATIONS ON THE ROADS THAT THEY'RE BEING PLACED. BUT

THEY HAVE TO HAVE SIGNAGE, YES.

MR. REILLY: SO IN NEW YORK CITY, THEY USE THE

SPEED LIMIT SIGN, THE BLACK AND WHITE SIGN, WITH JUST PHOTO ENFORCED

UNDERNEATH IT. WOULD THAT BE THE TYPE OF SIGNAGE THAT WOULD BE

INCLUDED IN THIS, OR IT WOULD BE MORE PROMINENT?

MR. MAGNARELLI: I WOULD THINK IT WOULD BE

SOMETHING SIMILAR.

MR. REILLY: ALL RIGHT. BECAUSE IN -- BECAUSE IN --

I KNOW IN THE STATE OF MARYLAND THEY ACTUALLY USE A LARGE SIGN WITH A

BIG ORANGE WORK ZONE AND IT SAYS PHOTO ENFORCED IN HUGE FIVE-BY --

FIVE-BY-SIX SIGN; IS THAT SOMETHING THAT YOU THINK WOULD WORK HERE?

MR. MAGNARELLI: IT MAY, BUT I LEAVE THAT UP TO

THE ENGINEERS AND THE PEOPLE WHO KNOW WHAT TO DO ON INTERSTATE

HIGHWAYS, ET CETERA. I DON'T THINK IT'S A BAD IDEA, THAT'S FOR SURE.

MR. REILLY: OKAY. SO IN REGARDS TO THE NOTICE OF

VIOLATIONS THAT ARE ISSUED, WHEN THEY ARE ISSUED, WILL THE CERTIFICATE OF

CALIBRATION BE ISSUED WITH THAT NOTICE OF VIOLATION FROM THE

MUNICIPALITY?

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MR. MAGNARELLI: I DON'T BELIEVE SO, NO.

MR. REILLY: WILL THE CERTIFICATE OF CALIBRATION BE

AVAILABLE FOR THE REGISTERED OWNER TO VIEW?

MR. MAGNARELLI: I THINK IF THEY ASK FOR A

HEARING IT WOULD BE.

MR. REILLY: SO UNTIL THE DAY THAT THEY HAVE -- IS

THERE ANYTHING IN THE BILL THAT WOULD REQUIRE THE MUNICIPALITY TO

PROVIDE THAT CERTIFICATE OF CALIBRATION TO THE REGISTERED OWNER BEFORE THE

HEARING?

(PAUSE)

MR. MAGNARELLI: THEY -- THEY HAVE TO RETAIN THE

LOG OF THE CALIBRATION AND WHAT THEY HAVE DONE WITH THE THING UNTIL --

THE CAMERA UNTIL THE TIME THAT THIS IS RESOLVED. SO I DON'T SEE ANYTHING

THAT SAYS THEY HAVE TO SEND IT BEFORE THE HEARING, BUT THEY CAN ASK FOR IT

AT THE HEARING.

MR. REILLY: SO THE -- SO THE REGISTERED OWNER OF

THE VEHICLE THAT IS ALLEGED TO HAVE BEEN SPEEDING IN THE WORK ZONE, IF

THEY DECIDE TO CONTEST THE NOTICE OF VIOLATION, THEY WOULDN'T HAVE AN

OPPORTUNITY TO LOOK AT THE CALIBRATION SHEET TO SEE WHEN THAT MACHINE

WAS ACTUALLY CALIBRATED BEFORE THE HEARING ACTUALLY TAKES PLACE?

MR. MAGNARELLI: I DON'T BELIEVE SO.

MR. REILLY: OKAY.

MR. MAGNARELLI: IT'S NOT REQUIRED. I'M NOT

SAYING IT WON'T HAPPEN, I'M SAYING IT'S NOT REQUIRED.

MR. REILLY: WELL IS IT -- I MEAN, I KNOW -- I KNOW

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WE'RE NOT GOING TO BE ABLE TO AMEND IT NOW BECAUSE WE'RE DEBATING THE

BILL BEFORE IT GETS VOTED ON, BUT I WOULD HOPE THAT WE WOULD REVISIT

THAT. DO YOU THINK THAT'S A POSSIBILITY?

MR. MAGNARELLI: ANYTHING'S A POSSIBILITY.

MR. REILLY: OKAY. SO THE CERTIFICATE OF

CALIBRATION, THESE ACTUAL SPEED CAMERAS, HOW WILL THEY BE -- DO YOU

KNOW HOW THEY ARE CALIBRATED?

MR. MAGNARELLI: ME PERSONALLY?

MR. REILLY: YES.

MR. MAGNARELLI: NO.

MR. REILLY: ALL RIGHT. DO YOU KNOW HOW OFTEN

THEY ARE CALIBRATED BY A --

MR. MAGNARELLI: I KNOW THAT THEY HAVE TO LOOK

AT THEM EACH DAY AND THEY HAVE TO BE CHECKED ON AN ANNUAL BASIS,

THAT'S WHAT THE BILL SAYS, BY AN INDEPENDENT FIRM THAT WOULD CALIBRATE

THEM.

MR. REILLY: SO THE -- AM I -- AM I MISTAKEN, DID

YOU JUST SAY THAT THEY WOULD HAVE TO BE INSPECTED VISUALLY EACH DAY BY

AN INDIVIDUAL?

MR. MAGNARELLI: THEY -- THEY HAVE TO PASS A

SELF-TEST EACH DAY.

MR. REILLY: SO A SELF-TEST EACH DAY.

MR. MAGNARELLI: YES.

MR. REILLY: OKAY. AND THEN THEY JUST HAVE TO BE

MANUALLY INSPECTED AND CALIBRATED ONCE A YEAR.

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MR. MAGNARELLI: BY AN INDEPENDENT --

MR. REILLY: BY THE -- THE OPERATOR OF THE -- THE

MANUFACTURER OR WHOEVER THE COMPANY IS?

MR. MAGNARELLI: AN INDEPENDENT CALIBRATION

LABORATORY WILL DO THE CALIBRATION ONCE A YEAR.

MR. REILLY: SO IS THAT -- SO THE PERSON WHO'S DOING

THE CALIBRATION ONCE A YEAR, WOULD THAT BE SOMEONE WHO'S EMPLOYED BY

THE CONTRACTOR WHO HAS THE CAMERA'S CONTRACT?

MR. MAGNARELLI: SOMEBODY EMPLOYED BY THE

STATE I WOULD THINK ON A CONTRACT BASIS TO DO IT, INDEPENDENT.

MR. REILLY: SO THE -- SO THE CONTRACTOR WHO IS NOW

EMPLOYED BY THE STATE WITH THIS CONTRACT WOULD BE THE --

MR. MAGNARELLI: WELL, I DON'T KNOW -- WHAT

CONTRACTOR ARE YOU TALKING ABOUT, THE CONSTRUCTION PEOPLE?

MR. REILLY: NO, THE SPEED CAMERAS ARE ACTUALLY

OPERATED BY A PRIVATE -- A PRIVATE CORPORATION BECAUSE THEY OPERATE THE

RED LIGHT AND THE SPEED CAMERAS IN NEW YORK CITY.

MR. MAGNARELLI: I WOULD THINK THIS HAS TO BE AN

INDEPENDENT AGENCY THAT DOES IT, AN INDEPENDENT ENTITY, NOT ONE THAT'S

HIRED BY THE CONTRACTOR OR THE STATE.

MR. REILLY: SO IT WOULD HAVE TO BE A STATE AGENCY

THAT DOES THE INSPECTION?

MR. MAGNARELLI: NO, THEY WOULD CONTRACT AN

INDEPENDENT LABORATORY TO DO IT.

MR. REILLY: OKAY.

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MR. MAGNARELLI: OKAY.

MR. REILLY: BUT THE ONLY -- THE REASON WHY I ASKED

IS BECAUSE RIGHT NOW THE -- THE ANNUAL CALIBRATION OF SPEED CAMERAS AND

RED LIGHT CAMERAS IN NEW YORK CITY ARE DONE BY THE ACTUAL COMPANY

THAT HAS THE CONTRACT TO OPERATE THOSE CAMERAS. SO WOULD THAT BE THE

SAME AS...

MR. MAGNARELLI: I DON'T BELIEVE SO BECAUSE IN

THIS BILL WE'RE LOOKING FOR INDEPENDENT VERIFICATION.

MR. REILLY: OKAY. ONE LAST QUESTION.

MR. MAGNARELLI: YEAH.

MR. REILLY: LAST WEEK WE -- WE ACTUALLY TOOK UP A

BILL HERE AND IT PASSED, THE CAR SHARE PROGRAM. WOULD THE CAR SHARE

PROGRAM BE EQUAL TO A LEASE PROGRAM THAT'S MENTIONED IN THIS BILL AS...

MR. MAGNARELLI: I'M SORRY, I'M JUST NOT FAMILIAR

WITH THAT PROGRAM.

MR. REILLY: SO THAT -- THAT -- I MEAN DO YOU THINK

THAT MAY CAUSE AN ISSUE IF WE'RE HAVING A CAR SHARE PROGRAM AND A

VEHICLE GETS ISSUED A VIOLATION THEN THE OWNER, THE REGISTERED OWNER OF

THAT VEHICLE WILL GET THE VIOLATION.

MR. MAGNARELLI: THAT'S RIGHT.

MR. REILLY: BUT THE CAR SHARE RENTER OR WHOEVER IT

IS, IN REGARDS TO THAT PROGRAM, BECAUSE I'M NOT FULLY...

MR. MAGNARELLI: WELL, I WOULD IMAGINE THAT THE

OWNER OF THE VEHICLE IS GOING TO TAKE PRECAUTIONS TO MAKE SURE THAT

THEY CAN GO AFTER WHOEVER HAD THAT CAR ON THAT DAY. I CAN TELL YOU, I

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NYS ASSEMBLY JUNE 9, 2021

GUESS AS AN EXAMPLE, MY CAR WAS REAR ENDED JUST LAST YEAR. I HAD TO

BRING IT IN TO A DEALER TO HAVE IT FIXED AND WHEN I DID THAT, THEY GAVE

ME A RENTAL. AND I SIGNED AN AGREEMENT THAT I WAS RESPONSIBLE IF

SOMETHING HAPPENED WITH THAT CAR. I CAN'T SEE WHY THAT CAN'T BE DONE

BY ANY KIND OF A CAR SHARE PROGRAM, AS WELL. SO YOU'RE STILL LIABLE, THE

PERSON WHO IS DRIVING THE CAR CAN STILL BE FOUND AND ASKED TO PAY THE

FINE.

MR. REILLY: SO IF THAT -- IF THAT -- IF THEY DO DO THAT

WITH THE CAR SHARE, SAY THEY HAVE THAT PROGRAM.

MR. MAGNARELLI: THERE YOU GO.

MR. REILLY: NO, NO, I'M SAYING SAY THEY DO.

MR. MAGNARELLI: OKAY.

MR. REILLY: SO WE'LL ASSUME THAT MAYBE THAT

HAPPENS, RIGHT.

MR. MAGNARELLI: YUP.

MR. REILLY: AND IN THIS CAR SHARE PROGRAM, THE

PERSON WHO OWNS THE VEHICLE HAS THE OPERATOR SIGN IT.

MR. MAGNARELLI: YUP.

MR. REILLY: BUT NOW THEY DON'T -- THEY DON'T PAY

VOLUNTARILY TO -- FOR, RIGHT, TO CLEAR UP THE VIOLATION --

MR. MAGNARELLI: RIGHT -- I'M SORRY.

MR. REILLY: -- AND IT'S LATE AND NOW YOU GET

ANOTHER NOTICE, IT'S LATE. YOU GET ANOTHER NOTICE, IT'S LATE. THEY'RE --

STILL, THE REGISTERED OWNER IS NOW GOING TO BE RESPONSIBLE FOR THOSE LATE

FEES AND THE POTENTIAL OF THEIR REGISTRATION BEING SUSPENDED IN NEW

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NYS ASSEMBLY JUNE 9, 2021

YORK STATE BY THE DMV, CORRECT?

MR. MAGNARELLI: MM-HMM. WELL, THEY HAVE TO

HAVE, WHAT, THREE OF THEM IN 18 MONTHS, I MEAN, FOR IT TO BE REVOCATION

OF THE REGISTRATION. IT HAS TO BE HAPPEN OFTEN ON THE SAME CAR.

MR. REILLY: OKAY. SO THERE'S A -- WITH THE CAR

SHARE PROGRAM, THERE'S A POTENTIAL THAT IT COULD HAPPEN. SO IS THERE ANY

WAY TO REMEDY THAT --

MR. MAGNARELLI: THERE -- THERE IS, BECAUSE IT

MAY NOT BE WHAT YOU WANT TO HEAR, SIR, BUT THE BOTTOM LINE IS THAT AN

OWNER HAS AN ACTION OF INDEMNIFICATION FROM THE PERSON WHO IS DRIVING

THE CAR, AND THAT'S EXACTLY WHAT I EXPLAINED TO YOU HAPPENED WHEN I

HAD THE RENTAL VEHICLE WHILE MY CAR WAS BEING FIXED. IT'S THE SAME

THING. BUT, THE OWNER OF THE VEHICLE IS RESPONSIBLE TO PAY THE FINE. IF

YOU DON'T PAY THE FINE, YOU'RE NOT GOING TO HAVE YOUR REGISTRATION.

MR. REILLY: OKAY. THANK YOU, MR. MAGNARELLI.

MR. MAGNARELLI: YOU'RE WELCOME, SIR.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

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

THE SPONSOR YIELD JUST FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: MR. MAGNARELLI, WILL

YOU YIELD?

MR. MAGNARELLI: YES, SIR.

ACTING SPEAKER AUBRY: MR. MAGNARELLI

YIELDS.

MR. MANKTELOW: THANK YOU, SIR. THANK YOU,

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NYS ASSEMBLY JUNE 9, 2021

MR. SPEAKER. THANK YOU. JUST -- JUST ONE QUICK QUESTION. I THINK YOU

HAD SAID EARLIER ON THE DEBATE THAT WE WILL NOT BE TAKING PICTURES OF THE

DRIVERS, IS THAT CORRECT?

MR. MAGNARELLI: CORRECT.

MR. MANKTELOW: WHY IS THAT?

MR. MAGNARELLI: PRIVACY.

MR. MANKTELOW: SO -- SO -- SO THIS IS WHERE I'M

PUZZLED. SO IF YOU BREAK THE LAW AND YOU'RE SPEEDING THROUGH A WORK

ZONE, YOU HAVE THE RIGHT FOR PRIVACY THEN?

MR. MAGNARELLI: I BELIEVE SO. THIS IS THE WAY

WE'RE TRYING TO IMPLEMENT THESE CAMERA PIECES OF LEGISLATION.

MR. MANKTELOW: OKAY.

MR. MAGNARELLI: IT'S ALSO IF YOU'RE TAKING A

PICTURE OF THE DRIVER, YOU'RE TAKING A PICTURE OF EVERYBODY ELSE IN THE

CAR AS WELL. SO TO PROTECT THE PRIVACY OF THE PEOPLE IN THE CAR, THAT'S NOT

WHAT WE'RE LOOKING FOR. WE'RE LOOKING FOR WHAT IS THE MAKE, MODEL,

COLOR OF THE CAR, AND THE LICENSE PLATE. THAT'S WHAT WE'RE LOOKING FOR.

MR. MANKTELOW: OKAY. AND JUST ONE SECOND --

ONE OTHER QUESTION. SO IF SOMEONE STEALS MY CAR, OKAY, THEY TAKE OFF

DOWN THE THRUWAY WITH MY CAR - THIS IS HYPOTHETICAL, BUT THIS COULD

HAPPEN - AND THEY'RE FLYING DOWN THE THRUWAY, THEY FLY THROUGH A

WORK ZONE, I GET THE TICKET. NOW, HOW WOULD I DEFEND MYSELF IN THAT

SITUATION?

MR. MAGNARELLI: YOU WOULD REPORT THE VEHICLE

AS STOLEN AND YOU WOULD ASK FOR A HEARING OR TELL THE DMV THAT THIS IS

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WHAT HAPPENED -- OR THE COURT THAT YOU'RE IN FRONT OF WHERE YOU GOT THE

NOTICE FROM AND YOU WOULD TELL THEM THE CAR WAS STOLEN AND I REPORTED

IT, HERE IT IS, THAT'S THE END OF THAT STORY.

MR. MANKTELOW: OKAY. SO IN THAT SITUATION, I'LL

HAVE TO TAKE TIME OFF OF WORK TO DO THIS, THAT'S FINE. HOW DO WE PUNISH

THE PERSON THAT STOLE IT? HOW ARE WE GOING TO HELP THE POLICE OFFICERS,

THE INVESTIGATORS, FIND OUT WHO STOLE MY VEHICLE?

MR. MAGNARELLI: I -- I HAVE NO IDEA. I MEAN,

THAT WOULD BE UP TO THE POLICING AUTHORITIES TO FIGURE THAT OUT.

MR. MANKTELOW: IF WE ANGLED THAT CAMERA JUST

TO LOOK AT THE DRIVER, THE TECHNOLOGY'S THERE, WHY WOULD WE NOT DO THAT

TO HELP IN THESE SITUATIONS?

MR. MAGNARELLI: WELL, I'VE ALREADY GIVEN THE

ANSWER TO THAT AND, YOU KNOW, THE BOTTOM LINE IS A PRIVACY ISSUE AND,

YOU KNOW, WE'LL TAKE A LOOK AT OTHER THINGS AS WE GO ALONG. YOU

KNOW, THE ONE THING I'D LIKE TO SAY WITH SOME OF THESE QUESTIONS IS

SIMPLY THAT THIS IS A PILOT PROGRAM AND WE'RE ONLY TALKING ABOUT 30

CAMERAS, TEN ON THE ENTIRE THRUWAY AT ANY ONE POINT IN TIME, 20 ON ALL

THE OTHER EXPRESSWAYS AND HIGHWAYS IN NEW YORK STATE AT ANY POINT IN

TIME WITH THE IDEA THAT WE WILL TAKE THE INFORMATION THAT'S GLEANED FROM

THESE 30 CAMERAS AND MAYBE COME UP WITH SOME BETTER SOLUTIONS AS WE

GO ALONG. SO IT'S A PILOT PROGRAM, 30 CAMERAS AT MOST AND MANY OF

THESE THINGS THAT WE'RE TALKING ABOUT TODAY MIGHT BE SOLVED AS WE LOOK

THROUGH THE PROGRAM IN THE COMING YEARS.

MR. MANKTELOW: SO -- SO DURING THE PILOT

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NYS ASSEMBLY JUNE 9, 2021

PROGRAM, WILL THE OWNER OF THE CAR GET A TICKET, THEN, DURING THE PILOT

PROCESS?

MR. MAGNARELLI: IF YOU GO THROUGH A -- IF YOU'RE

CAUGHT BY A SPEED CAMERA IN A WORK ZONE VIOLATING THE LAW, THIS LAW,

OKAY, YOU WILL GET A TICKET, YES.

MR. MANKTELOW: OKAY. I APPRECIATE YOUR

ANSWERS.

MR. MAGNARELLI: OKAY.

MR. MANKTELOW: THANK YOU, SIR. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. ANGELINO.

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

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. ANGELINO: SO FOR THE REASONS THAT PEOPLE

WERE TALKING ABOUT WITH THE -- THE MISREADING OF LICENSE PLATES,

EVERYBODY IN HERE HAS PROBABLY GOT CONSTITUENT COMPLAINT ABOUT THEIR

MISREAD LICENSE PLATE. WE ALL KNOW THAT, SO LET'S MOVE ON TO THE REAL

THING HERE, AND THAT'S WORK ZONE SAFETY. I KNOW A THING OR TWO ABOUT

THESE SPEED CAMERAS, RED LIGHT CAMERAS. THEY LOOK LIKE A PIECE OF

EQUIPMENT. THE ISSUE IS IT'S GOING TO BE IN THE SPEED ZONE, SO IT'S GOING

TO CATCH SOMEBODY THAT HAS ALREADY ENDANGERED THE WORKERS IN THE

SPEED ZONE. WE NEED TO STICK WITH THE TRIED-AND-TRUE METHOD OF

HAVING A MARKED PATROL CAR, STATE TROOPER, DEPUTY SHERIFF, CITY OR

TOWN COP PARKED PRIOR TO THE SPEED ZONE -- OR THE CONSTRUCTION AREA

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BECAUSE THAT'S A GUARANTEED TRIED-AND-TRUE, THE BRAKE LIGHTS ARE GOING TO

COME ON, SLOW DOWN, AND THE CAR IS GOING TO GO PAST THE CONSTRUCTION

WORKERS AT A SLOWER SPEED. A -- A RADAR CAMERA IN THE SPEED ZONE ONLY

CATCHES THEM AFTER THE FACT, AFTER THE PERSON HAS ALREADY GONE SPEEDING

PAST AND ENDANGERED THE WORKERS. AND FOR THAT REASON, I ENCOURAGE

EVERYBODY TO VOTE NO ON THIS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. WILL THE SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. MAGNARELLI, WILL

YOU YIELD?

MR. MAGNARELLI: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MAGNARELLI

YIELDS.

MRS. PEOPLES-STOKES: THANK YOU, MR.

MAGNARELLI. YOU PROBABLY SAID THIS ALREADY, BUT CAN YOU TELL ME WHERE

THE DEMONSTRATION PROJECT WILL ACTUALLY HAPPEN AT?

MR. MAGNARELLI: WHERE THERE'S GOING TO BE

ONE? I'M SORRY.

MRS. PEOPLES-STOKES: I'M SORRY.

MR. MAGNARELLI: I DIDN'T UNDERSTAND THE

QUESTION.

MRS. PEOPLES-STOKES: I WAS ASKING WHERE THE

DEMONSTRATION WILL ACTUALLY HAPPEN AT, WHAT LOCATION WILL BE SELECTED

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TO THE DEMONSTRATION?

MR. MAGNARELLI: THE -- THAT WILL BE DETERMINED

BY THE THRUWAY AUTHORITY AND BY THE DEPARTMENT OF TRANSPORTATION AS

THEY PUT OUT WORK, I GUESS, OVER THE NEXT FIVE YEARS. SO THERE IS -- THERE

IS NO DESIGNATED PLACE WHERE IT WILL BE. THEY CAN PUT IT ON ANY WORK

ZONE THAT THEY HAVE, AND MY UNDERSTANDING WOULD BE THAT THE WORK

ZONES WOULD CHANGE. ONCE A PIECE OF WORK IS FINISHED, THEY CAN MOVE

THE CAMERA TO ANOTHER SITE.

MRS. PEOPLES-STOKES: OKAY. SO YOU SAID

EITHER THE DEPARTMENT OF TRANSPORTATION OR THE THRUWAY AUTHORITY --

MR. MAGNARELLI: CORRECT.

MRS. PEOPLES-STOKES: -- THEY WOULD PICK ANY

WORK ZONE THAT THEY WOULD LIKE TO SELECT FOR THE DEMONSTRATION?

MR. MAGNARELLI: IT'S -- IT'S GOT TO BE ON THE

THRUWAY OR, AND I THINK THE WORDING IS, YEAH, CONTROLLED ACCESS

HIGHWAYS, AN INTERSTATE, AN EXPRESSWAY; NOT JUST ANY STATE ROAD, BUT A

HIGHWAY - WHAT WE IN COMMON PARLANCE WOULD CALL A HIGHWAY.

MRS. PEOPLES-STOKES: OKAY. SO WILL THE

DEMONSTRATION HAPPEN THE ENTIRE TIME FRAME OF A CONSTRUCTION PROCESS

OR WILL IT BE SHORTER AND GET MOVED TO ANOTHER AREA?

MR. MAGNARELLI: AGAIN, MADAM MAJORITY

LEADER, I -- I DO NOT BELIEVE THAT THAT'S DETERMINED. THAT'S UP TO THE

DEPARTMENT OF TRANSPORTATION OR THE THRUWAY TO DETERMINE HOW THEY

WANT TO MOVE THE CAMERAS AROUND.

MRS. PEOPLES-STOKES: OKAY. DOES THE

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LEGISLATION SPEAK TO HOW MANY DEMONSTRATION PROJECTS, OR IS IT MORE

THAN ONE?

MR. MAGNARELLI: AGAIN -- I DIDN'T HEAR THE FIRST

PART OF THAT, I'M SORRY.

MRS. PEOPLES-STOKES: DOES YOUR LEGISLATION

SPEAK TO HOW MANY DEMONSTRATIONS WILL HAPPEN SIMULTANEOUSLY, OR IS

THERE JUST ONE AT A TIME?

MR. MAGNARELLI: NO. THE MAXIMUM IS TEN ON

THE THRUWAY AT ANY POINT IN TIME AND 20 BY THE DOT ACROSS NEW YORK

STATE AT ANY POINT IN TIME. SO YOU COULD HAVE 30 OF THESE

DEMONSTRATIONS GOING ON AT ONE TIME, BUT THAT'S THE MAX.

MRS. PEOPLES-STOKES: OKAY. I GUESS THE OTHER

QUESTION THAT I HAVE IS AS IT RELATES TO HOW THE CAMERAS WILL BE

CALIBRATED. WILL -- WILL THEY TAKE A PICTURE AUTOMATICALLY OF ANYBODY

THAT GOES OVER, SAY, IF THE SPEED LIMIT IS 45, OR WILL THEY TAKE THE PICTURE

IF SOMEBODY GOES 48 OR SOMEBODY GOES 50? IS IT GOING TO BE

CALIBRATED SO THAT THERE'S A CLEAR DEMONSTRATION THAT THERE'S A SPEEDER

HERE?

MR. MAGNARELLI: MY UNDERSTANDING IS THAT IT

HAS TO BE MORE THAN TEN MILES-AN-HOUR OVER THE POSTED LIMIT.

MRS. PEOPLES-STOKES: MORE THAN TEN MILES OF

THE CURRENT POSTED SPEED LIMIT?

MR. MAGNARELLI: CORRECT.

MRS. PEOPLES-STOKES: SO THAT IS KIND OF

CALIBRATED TO DEMONSTRATE THAT IT REALLY IS A SPEEDER AND NOT JUST

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SOMEBODY WHO HAPPENS TO BE --

MR. MAGNARELLI: CORRECT.

MRS. PEOPLES-STOKES: -- JUST NOW SEEING THE

SIGN THAT SAYS I SHOULD SLOW DOWN.

MR. MAGNARELLI: THAT'S CORRECT.

MRS. PEOPLES-STOKES: THANK YOU VERY MUCH --

MR. MAGNARELLI: YOU'RE WELCOME.

MRS. PEOPLES-STOKES: -- FOR YOUR RESPONSES. I

THINK IT'S IMPORTANT TO NOTE THAT EVEN THOUGH A LOT OF PEOPLE DON'T

NECESSARILY LIKE THE IDEA THAT THIS CONTEST -- CONTACTLESS LAW

ENFORCEMENT IS THE WAY WE'RE GOING IN THE FUTURE, BUT IT IS CONTACTLESS

LAW ENFORCEMENT. THERE IS NOT A LAW ENFORCEMENT OFFICIAL THERE, BUT IF

YOU'RE DOING SOMETHING ILLEGAL, YOU CAN BE IDENTIFIED. AND YOU ARE

DOING SOMETHING ILLEGAL IF PEOPLE ARE OUT THERE WORKING AND IT'S A CLEAR

RESPONSE TO JUST ASK YOU TO GO 45 WHILE YOU'RE IN THE AREA WHERE THEY'RE

WORKING, AND YOU REFUSE TO DO THAT FOR WHATEVER REASON, YOU'RE GOING

65, YOU SHOULD GET A TICKET FOR THAT. YOU ARE PUTTING PEOPLE'S LIVES IN

DANGER, NOT JUST THE PEOPLE WHO ARE WORKING BUT, QUITE FRANKLY, YOUR

OWN BECAUSE IT'S HAZARDOUS TO BE SPEEDING THROUGH A WORK ZONE.

I WISH I COULD FEEL COMFORTABLE WITH THE FACT THAT, YOU

KNOW, FOLKS JUST DON'T LIKE TICKETS. I MEAN I KNOW I DON'T LIKE TICKETS

AND SO I TRY TO DO EVERYTHING POSSIBLE TO KEEP FROM GETTING ONE. AND I

THINK WHEN FOLKS UNDERSTAND THAT, YOU KNOW, THIS RULE IS IN PLACE THAT

YOU HAVE TO FOLLOW AND IT MEANS YOU EVEN THOUGH YOU DON'T SEE A LAW

ENFORCEMENT PERSON. MOST OF OUR LIFE AND EVERYTHING WE DO, YOU GO TO

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THE STORE NOW, EVERYTHING IS CONTACTLESS. WELL, HOW ABOUT THIS IS LAW

ENFORCEMENT THAT IS CONTACTLESS, BUT IT'S STILL AN IMPORTANT LAW TO BE

ENFORCED BECAUSE THERE'S PEOPLE'S LIVES OUT THERE PREPARING TO FIX THE

ROADS SO THAT WE CAN DRIVE ON THEM. WE SHOULD WANT TO PROTECT THEM.

WE SHOULD WANT TO MAKE THEM SAFE.

AND SO FOR THAT REASON, YOU KNOW, I THINK THAT WE

SHOULD LOOK FORWARD TO DOING THIS DEMONSTRATION PROJECT AND SEE WHAT

HAPPENS. IT COULD BE THAT IT GETS IMPLEMENTED AND 100 OR SO PEOPLE

RIDE THROUGH AND GET A TICKET IN THE MAIL AND THEY NEVER RIDE THROUGH

THAT AREA AGAIN. OR WHEN THEY SEE THAT SIGN, THEY'LL SLOW DOWN LIKE

THEY SHOULD. I KNOW WE HAVE A DEMONSTRATION PROJECT NOW IN BUFFALO

AND THERE ARE SOME PEOPLE WHO WANT TO SEE IT ELIMINATED, AND I KNOW

THE CITY COUNCIL IS ACTUALLY TALKING ABOUT DOING THAT, BUT IN THE AREAS

WHERE THEY HAD THE MOST INFRACTIONS IS NOW WHERE THEY HAVE THE BEST

COMPLIANCE. AND WHY DON'T YOU WANT PEOPLE COMPLYING WITH

SPEEDING REGULATIONS? IT MAKES FOR SAFETY -- A SAFER COMMUNITY. IT'S

MAKES FOR A BETTER COMMUNITY.

AND SO AGAIN, YOU KNOW, I APPLAUD THE SPONSOR OF THIS

LEGISLATION BECAUSE THIS IS A TOUGH ONE TO DO. NO ONE WANTS TO GET A

TICKET IN THE MAIL BECAUSE THEY WERE CAUGHT SPEEDING EVEN THOUGH THEY

DIDN'T SEE A LAW ENFORCEMENT OR A POLICE OFFICER WATCHING THEM SPEED.

THE CAMERA SAW YOU AND THE CAMERA'S NOT GOING TO PICK YOU UP UNTIL

YOU GO TEN MILES PAST WHAT YOU'VE BEEN ENCOURAGED TO DRIVE, THEN YOU

SHOULD BE GETTING THAT PICTURE IN THE MAIL WITH THAT DOLLAR AMOUNT

ATTACHED TO IT THAT SAYS THAT YOU OWE BECAUSE YOU VIOLATED THE LAW.

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THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

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 4682-B. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE AND WE WILL

RECORD YOUR VOTE ACCORDINGLY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. OUR COLLEAGUES IN THE MAJORITY WILL GENERALLY BE IN FAVOR OF

AN OPPORTUNITY TO ENFORCE THE PROPER LAWS; HOWEVER, THERE COULD BE

SOME OF OUR COLLEAGUES THAT WOULD LIKE TO BE AN EXCEPTION. THEY

SHOULD FEEL COMFORTABLE IN CONTACTING THE MAJORITY LEADER'S OFFICE AND

EXPRESSING SO AND WE WILL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

(THE CLERK RECORDED THE VOTE.)

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NYS ASSEMBLY JUNE 9, 2021

MS. LUNSFORD TO EXPLAIN HER VOTE.

MS. LUNSFORD: THANK YOU, MR. SPEAKER. WHILE

GENERALLY I AM NOT A FAN OF SPEED CAMERAS FOR MANY OF THE REASONS

CITED BY MY COLLEAGUES, I WILL BE IN THE AFFIRMATIVE ON THIS BILL BECAUSE

OF THE EXTRAORDINARY DANGER POSED TO THOSE WORKING ON HIGHWAY WORK

SITES, AND ALSO THE LIMITED NATURE OF THIS DEMONSTRATION PROJECT. THANK

YOU.

ACTING SPEAKER AUBRY: MS. LUNSFORD IN THE

AFFIRMATIVE.

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER, FOR GIVING ME

THE OPPORTUNITY TO EXPLAIN MY VOTE. I HAVE ACTUALLY CARRIED BILLS

SIMILAR TO THIS FOR NEW YORK CITY. THE RECIDIVISM RATE IS EXTREMELY

LOW. YOU DO GET A PICTURE SO THAT YOU ACTUALLY CAN SAY, HEY, NOT MY

CAR. BUT FOR THOSE OF YOU WHO LIKE TO SPEED, YOU'RE ACTUALLY BETTER OFF

BEING TAGGED BY A CAMERA THAN BY LAW ENFORCEMENT BECAUSE WITH THE

CAMERA, YOU JUST PAY THE FINE, YOU DON'T GET POINTS ON YOUR LICENSE

BECAUSE IT DOES NOT IDENTIFY THE INDIVIDUAL WHO IS DRIVING. PLUS, WE

CANNOT HAVE POLICE ALL OVER. AND THIS IS ABOUT SAVING THE LIVES OF

PEOPLE WHO ARE WORKING IN CONSTRUCTION ZONES ALONG THE HIGHWAY.

AND IT ACTUALLY GIVES YOU SOME LEEWAY THAT YOU COULD BE GOING FASTER

THAN THE SPEED LIMIT WHICH IS, IN MY OPINION, TERRIBLE, BUT AT LEAST THIS IS

SOME MEASURE OF TRYING TO ENSURE THAT PEOPLE WHO ARE WORKING ON OUR

BEHALF ARE MINIMALLY SAFER IN THESE WORK ZONES. I WITHDRAW MY REQUEST

AND VOTE IN THE AFFIRMATIVE.

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ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MR. GOODELL.

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

FOLLOWING COLLEAGUES IN THE AFFIRMATIVE IN ADDITION TO THOSE ON THE

FLOOR: MR. GANDOLFO, MR. GIGLIO, MR. JENSEN, MR. NORRIS, MR.

SMULLEN, MS. MILLER, MR. BRABENEC, AND MR. RA. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. MAGNARELLI TO EXPLAIN HIS VOTE, AND WE'LL GET TO

THE OTHER PARTY POSITION IN A MINUTE.

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

JUST WANT TO SAY THIS: THE STATISTICS SHOW THAT IN -- SINCE 2018 ALONE,

THERE WERE 701 CRASHES IN WORK ZONES ON STATE ROADS AND BRIDGES,

RESULTING IN 13 MOTORIST FATALITIES, 329 INJURIES TO MOTORISTS, CONTRACTOR

EMPLOYEES, AND NEW YORK STATE DOT STAFF. THIS PILOT PROGRAM IS

SIMPLY INTENDED TO IMPROVE EVERYONE'S SAFETY IN WORK ZONES. THANK

YOU VERY MUCH, MR. SPEAKER. I URGE EVERYONE TO VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. MAGNARELLI IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES.

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

WOULD PLEASE RECORD OUR COLLEAGUE, MR. DILAN, IN THE NEGATIVE ON THIS

ONE. THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED. THANK

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YOU, MRS. PEOPLES-STOKES.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 13, RULES REPORT NO. 345, THE CLERK WILL READ.

THE CLERK: SENATE NO. S06575, RULES REPORT NO.

345, SENATOR SAVINO (A06323, BRONSON, MEEKS, BARRON,

GONZ�LEZ-ROJAS, BICHOTTE HERMELYN. AN ACT TO AMEND THE SOCIAL

SERVICES LAW, IN RELATION TO MAKING CARE AND SERVICES PROVIDED BY

LICENSED MENTAL HEALTH PRACTITIONERS ELIGIBLE FOR COVERAGE UNDER THE

MEDICAID PROGRAM.

ACTING SPEAKER AUBRY: MR. BYRNE.

MR. BYRNE: AN EXPLANATION, PLEASE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. BRONSON.

MR. BRONSON: YES, MR. SPEAKER. THIS BILL WOULD

ENSURE THAT MENTAL HEALTH PRACTITIONERS WOULD RECEIVE A MEDICAID

BILLING NUMBER, AND IN SO WOULD BE ABLE TO RECEIVE DIRECT

REIMBURSEMENT FROM MEDICAID.

ACTING SPEAKER AUBRY: MR. BYRNE.

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

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MR. BRONSON, WILL

YOU YIELD, SIR?

MR. BRONSON: YES, I WILL, MR. SPEAKER.

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ACTING SPEAKER AUBRY: MR. BRONSON YIELDS.

MR. BYRNE: THANK YOU FOR THAT EXPLANATION. THIS

WOULD ALLOW MORE PROVIDERS OF MENTAL HEALTH SERVICES TO BE

REIMBURSED BY MEDICAID DIRECTLY, CORRECT, BASED ON YOUR JUSTIFICATION.

MR. BRONSON: YES. CURRENTLY THEY'RE -- THEY

RECEIVE REIMBURSEMENT BUT THEY MUST RECEIVE IT THROUGH A CLINIC. SO

WHAT THIS BILL WOULD DO WOULD ALLOW THOSE WHO DON'T WORK DIRECTLY IN A

CLINIC SETTING OR WORK IN A CLINIC SETTING BUT ALSO HAVE ANOTHER POSITION

WHERE THEY'RE WORKING PRIVATELY THAT WOULD ALLOW THEM TO BILL

MEDICAID WHEN THEY'RE PROVIDING MENTAL HEALTH AND BEHAVIORAL HEALTH

SERVICES IN THE PRIVATE SETTING.

MR. BYRNE: THANK YOU. AND IT'S MY

UNDERSTANDING THAT -- IT SEEMS THAT PART OF THE IDEA BEHIND THIS BILL IS TO

MAKE THAT PROCESS EASIER FOR PERHAPS LOW-INCOME PEOPLE SEEKING THESE

SERVICES TO OBTAIN THEM THROUGH THE STATE'S MEDICAID PROGRAM, IS THAT

CORRECT? AND DO YOU HAVE ESTIMATION OF WHAT THAT -- THE FISCAL IMPACT

TO THE STATE WOULD BE, WHAT THE -- WHAT THE COST OF THIS CHANGE MAY BE

TO THE STATE?

MR. BRONSON: YEAH, THE -- THE -- IT'S NOT TO MAKE

IT EASIER, IT IS TO MAKE THOSE PEOPLE WHO ARE ON MEDICAID, INCLUDING THE

ROUGHLY 50 PERCENT OF ALL CHILDREN IN THE CITY OF ROCHESTER, TO HAVE

ACCESS TO MENTAL HEALTH SERVICES. AND INDEED, WE KNOW THAT THE

DEMAND FOR MENTAL HEALTH SERVICES HAS GONE UP. COMPARED WITH 2019,

THE PROPORTION OF MENTAL HEALTH-RELATED VISITS FOR CHILDREN AGE FIVE TO

AGE 11 INCREASED BY 24 PERCENT, AND FOR 12- TO 17-YEAR-OLDS INCREASED

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31 PERCENT IN 2020, LARGELY DUE TO COVID-19. THE CDC DATA RELEASED

RECENTLY SHOWS A 27 PERCENT INCREASE IN DEATHS LINKED TO DRUG OVERDOSE

IN 2020 COMPARED TO LAST YEAR. CDC ALSO HAS DATA THAT SHOWS THAT ONE

IN FOUR TEENS CONTEMPLATED SUICIDE LAST YEAR. UNDER THE CURRENT SYSTEM,

IT'S A TWO-TIER SYSTEM. IF YOU HAVE MONEY TO PAY FOR MENTAL HEALTH

SERVICES, YOU CAN GET IT. IF YOU DON'T, YOU CAN'T. THIS BILL WOULD RECTIFY

THAT SITUATION.

MR. BYRNE: NOW, I'M NOT SURE IF I HEARD AN ANSWER

BEFORE YOU ANSWERED PART OF MY -- MY QUESTION. THE SPONSOR -- THIS

BILL HAS BEEN AROUND FOR A -- A NUMBER YEARS, CORRECT? AND I THINK IT'S

IDENTICAL TO THE VERSION THAT WAS PASSED IN THE LAST LEGISLATIVE SESSION

UNLESS I'M MISTAKEN. HAS THERE BEEN ANY AMENDMENTS TO THIS BILL?

MR. BRONSON: THERE HAS NOT BEEN ANY

AMENDMENTS TO THE BILL SINCE IT WAS LAST PASSED IN 2019, AND THE

GOVERNOR, I BELIEVE, INCORRECTLY VETOED THE BILL.

MR. BYRNE: WELL, THAT WOULD BE ONE OF MY

QUESTIONS. I KNOW -- I DO KNOW THE GOVERNOR VETOED THE BILL AND TO SEE

IF THERE WAS ANY CHANGES TO ADDRESS THE GOVERNOR'S CONCERNS. JUST TO

KIND OF GO BACK TO SOMETHING I TRIED TO ASK EARLIER, I KNOW THE SPONSOR

MEMO STILL SAYS FISCAL IMPACT TO BE DETERMINED. A LOT OF THE MEMOS

THAT WE SEE IN THE LEGISLATURE HAVE SIMILAR LANGUAGE WITH NOT A WHOLE

LOT OF DETAILS. BUT DO WE KNOW WHAT THE CHANGE IN COST COULD BE TO THE

STATE WITH THIS TYPE OF CHANGE?

MR. BRONSON: WELL, ACTUALLY, THE COST COULD GO

DOWN OR IT COULD GO UP. RIGHT NOW, UNDER THE CURRENT SYSTEM, A

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PSYCHOLOGIST AND PSYCHIATRIST ARE ABLE TO DIRECT -- GET DIRECT

REIMBURSEMENT. THEY ARE BILLED IN MEDICAID AT A HIGHER RATE. SOME OF

THEIR SERVICES, NOT ALL, BUT SOME OF THEIR SERVICES WITHIN THE SCOPE OF

THE PRACTICE OF THESE MENTAL HEALTH PRACTITIONERS COULD BE PROVIDED BY

THE MENTAL HEALTH PRACTITIONERS, INDEED, AT A LOWER COST IN MEDICAID.

BUT IT REALLY IS A NUMBERS SITUATION. SO I CAN'T TELL YOU, GIVEN THOSE

EXTRAORDINARY INCREASES IN THE DEMAND AND THE NEED FOR MENTAL HEALTH

SERVICES, HOW THAT'S GOING TO IMPACT THE REDUCTION THAT WOULD OCCUR IF,

INDEED, A LOWER-RATE PROFESSIONAL WERE TO PROVIDE THE SERVICES.

MR. BYRNE: NOW, I -- I NOTE THAT BECAUSE IN THE

GOVERNOR'S VETO MENTIONED A COUPLE OF THINGS. ONE WAS FUNDING FOR

THIS EXPANSION WAS NOT INCLUDED IN THE BUDGET. IT WAS -- WAS IT

INCLUDED IN OUR RECENT BUDGET? I MEAN, WE HAD A PRETTY SIGNIFICANT

BUDGET, ONE OF THE LARGEST STATE BUDGETS IN THE NATION WITH A VERY LARGE

MEDICAID PORTION. WAS ADDITIONAL FUNDING INCLUDED FOR -- FOR THIS TYPE

OF LEGISLATION?

MR. BRONSON: THERE WAS NOT SPECIFIC ADDITIONAL

FUNDING INCLUDED IN -- IN THE -- THE LAST BUDGET THAT WAS PASSED. AS YOU

KNOW, WE ALWAYS TRY TO BALANCE THAT. BUT ONCE AGAIN, I WOULD REMIND

YOU AND ALL MY COLLEAGUES THAT, YOU KNOW, WE JUST WENT THROUGH AN

EXTRAORDINARY CRISIS AND ARE CONTINUING TO GO THROUGH IT WITH

COVID-19. THAT'S ONE OF THE REASONS I'M HOPEFUL THE GOVERNOR WILL

RECONSIDER HIS DECISION IN 2019. THE -- THE NEED FOR MENTAL HEALTH

SERVICES IS TREMENDOUS, AND WE SHOULD NOT HAVE A SCENARIO IN THE GREAT

STATE OF NEW YORK WHERE YOU ONLY HAVE ACCESS TO MENTAL HEALTH

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SERVICES IF YOU CAN AFFORD THEM.

MR. BYRNE: ANOTHER QUESTION FOR THE SPONSOR.

THERE'S A COUPLE OF ORGANIZATIONS THAT EXPRESSED CONCERNS ABOUT THE

BILLS OVER THE YEARS. THE NATIONAL ASSOCIATION OF SOCIAL WORKERS

PROVIDED A MEMO IN PART ECHOING THE GOVERNOR'S MESSAGE, STATING THAT

INADEQUATELY THAT -- THE BILL INADEQUATELY DESCRIBES THE SPECIFIC SERVICES

TO BE COVERED. I KNOW THIS BILL IS IDENTICAL TO PREVIOUS BILLS. CAN YOU

HELP ADDRESS THOSE CONCERNS? AND WHILE WE'RE AT IT, THE NEW YORK

STATE PSYCHIATRIC ASSOCIATION OPPOSED IT BECAUSE THEY REFERENCED THAT

IT WOULD REMOVE SAFEGUARDS AND OVERSIGHT THAT IS REQUIRED IN A HOSPITAL

OR CLINICAL SETTING. WOULD YOU MIND RESPONDING TO SOME OF THOSE

CONCERNS THAT HAVE BEEN -- THAT HAVE BEEN RAISED?

MR. BRONSON: YEAH, ABSOLUTELY. I WILL RESPOND.

THE BILL SPECIFICALLY SAYS THAT THE SERVICES WILL ONLY BE THOSE SERVICES

WITHIN THE SCOPE OF PRACTICE OF THOSE INDIVIDUALS LICENSED PURSUANT TO

EDUCATION LAW ARTICLE 163. AND IT WOULD NOT INCLUDE ANY OTHER

SERVICES. SO, THE BILL DOESN'T NEED TO DEFINE WHAT THE SERVICES ARE. WE

HAVE TWO THINGS: WE HAVE A SCOPE OF PRACTICE WHICH SAYS WHAT MENTAL

HEALTH PRACTITIONERS CAN AND CAN'T DO. AND THEN WE ALSO HAVE WHAT

MEDICAID IS ALREADY AUTHORIZED TO PROVIDE. SO THERE'S NO STATUTORILY --

NO STATUTORY REASON FOR US TO GO INTO THAT AREA.

MR. BYRNE: OKAY. THANK YOU, MR. BRONSON, FOR

YOUR TIME. AND THANK YOU, MR. SPEAKER.

ON THE BILL.

MR. BRONSON: THANK YOU.

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ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BYRNE: I WANT TO THANK THE SPONSOR FOR TAKING

THE TIME TO ANSWER SOME OF MY QUESTIONS. THERE'S SOME SIMILAR

LEGISLATION THAT WE MAY BE DEBATING LATER. I DON'T LOOK AT THIS BILL AS A

-- A VOTE ON THE SERVICES, PER SE. IT WAS ACTUALLY MENTIONED THAT THERE

ARE MENTAL HEALTH SERVICES AVAILABLE. I LOOK AT THIS MORE AS HOW SOME

PROVIDERS SPECIFICALLY ARE GOING TO BE ABLE TO BE ELIGIBLE FOR

REIMBURSEMENT FOR MEDICAID. THE GOAL OF TRYING TO MAKE IT MORE

ACCESSIBLE FOR PEOPLE SEEKING HELP I THINK IS A VERY LAUDABLE ONE. BUT

AGAIN, I THINK WE ALSO HAVE TO BE MINDFUL OF THE FISCAL IMPACT CHANGES

LIKE THIS WOULD HAVE ON ALL NEW YORKERS AND ALL -- ALL NEW YORK'S

TAXPAYERS. WE ALREADY HAVE ONE OF THE LARGEST MEDICAID BUDGETS IN THE

NATION WITH ONE OF THE LARGEST STATE BUDGETS IN THE NATION. THIS PAST

YEAR, $212 BILLION. THIS WAS NOT INCLUDED IN THAT MASSIVE BUDGET. IT

COMES AT A COST, AND TAXPAYERS CAN ONLY AFFORD SO MUCH.

SO, MR. SPEAKER, WITH THAT I WILL BE VOTING IN THE

NEGATIVE. THANK YOU -- THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MONTESANO.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

BRONSON?

MR. BRONSON: YES, I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

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MR. MONTESANO: THANK YOU. MR. BRONSON, JUST

SO I COULD CLARIFY SOMETHING. THE TYPES OF SERVICES CURRENTLY THAT ARE

DELIVERED IN THE SETTING THAT YOU WERE SPEAKING ABOUT BEFORE, DOES THAT

INCLUDE MARRIAGE AND FAMILY THERAPISTS, CREATIVE ARTS THERAPISTS OR

PSYCHOANALYSTS?

MR. BRONSON: YES. ARTICLE 163 OF THE EDUCATION

LAW SETS FORTH THE EDUCATIONAL AND CLINICAL TRAINING REQUIREMENTS AS

WELL OTHER REGULATIONS PROMULGATED UNDER THAT SECTION OF WHAT WOULD

BE REQUIRED. AND THE STATE HAS MADE AN AFFIRMATIVE STATEMENT THAT

WITH THAT EDUCATION AND WITH THAT CLINICAL TRAINING THAT THESE

INDIVIDUALS ARE AUTHORIZED AND MEET THE REQUISITE TO PROVIDE VARIOUS

SERVICES WITHIN, AGAIN, THEIR SCOPE OF PRACTICE.

MR. MONTESANO: ALL RIGHT. BUT MY -- BUT I

GUESS WHAT I WANT TO FIND OUT IS CURRENTLY, UNDER -- RIGHT NOW, ARE THESE

PEOPLE PROVIDING SERVICES IN A CLINICAL SETTING?

MR. BRONSON: YES, THEY ARE.

MR. MONTESANO: OKAY. FINE. SO NOW THE --

WHEN THEY PROVIDE THESE SERVICES IN A CLINICAL SETTING, ARE THEY WORKING

UNDER THE DIRECTION OF A PSYCHIATRIST OR A PSYCHOLOGIST?

MR. BRONSON: NOT IN ALL SITUATIONS, AND THERE'S NO

REQUIREMENT THAT THEY DO SO UNDER THE LAW.

MR. MONTESANO: OKAY. ALL RIGHT. SO THIS IS

STRICTLY ABOUT -- IF THEY'RE ALREADY PROVIDING THESE SERVICES BUT THEY

HAVE TO BILL THROUGH THE CLINIC, AM I CORRECT?

MR. BRONSON: THIS IS ABOUT A CHILD IN -- THAT GOES

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TO THE ROCHESTER CITY SCHOOL DISTRICT AND RECEIVES SERVICES, MENTAL

HEALTH AND BEHAVIORAL SERVICES THROUGH THE SCHOOL DISTRICT.

MR. MONTESANO: NOW, I -- I --

MR. BRONSON: LET ME -- PLEASE, ALLOW ME TO

ANSWER YOUR QUESTION. THE ANSWER IS, SO IN THAT SETTING, THE CHILD IS

GETTING SERVICES THAT'S PAID FOR SOMETIMES THROUGH MEDICAID,

SOMETIMES THROUGH THE DISTRICT'S GENERAL FUND. BUT THE SERVICES AREN'T

SUFFICIENT AND THERE NEEDS TO BE ADDITIONAL SERVICES PROVIDED FOR THIS

CHILD OUT IN THE COMMUNITY. SOMETIMES THEY CAN GET THAT THROUGH

ORGANIZATIONS IN MY AREA CALLED HILLSIDE, SOMETIMES THEY CAN'T. THIS

BILL WOULD ALLOW AN OPPORTUNITY FOR A YOUNG PERSON - AND I GAVE YOU

THE DATA EARLIER - A YOUNG PERSON WHO'S LIVING IN POVERTY, WHOSE FAMILY

IS A RECIPIENT OF MEDICAID, THAT YOUNG PERSON TO CONTINUE TO RECEIVE THE

ONGOING TREATMENT AND MENTAL HEALTH SERVICES THAT THEY NEED IN ORDER TO

DEAL WITH THE ISSUES THAT THEY'RE FACING.

MR. MONTESANO: THANK YOU. ALL I WAS TRYING TO

ESTABLISH WAS SINCE THERE SEEMS TO BE A CONCERN ABOUT ADDITIONAL COST,

THE POINT I WAS TRYING TO GET OUT WAS IF THEY'RE ALREADY RECEIVING THESE

SERVICES IN A CLINICAL SETTING AND WE'RE MERELY SHIFTING HOW THE

PROVIDER IS PAID SO HE'S NOT GETTING HIS FEE THROUGH THE CLINIC, HE CAN

BILL DIRECTLY, IN SOME OF THE CASES, THERE SHOULDN'T BE AN INCREASE IN THE

MEDICAID EXPENDITURE, AM I CORRECT?

MR. BRONSON: TRUE. THAT -- I MEAN, THAT -- THAT'S

POSSIBLE. I MEAN, THERE -- THERE'S SO MANY COMPLEX FACTORS IN

DETERMINING WHETHER OR NOT THERE'S GOING TO BE AN INCREASE. I WENT

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THROUGH ONE EARLIER BECAUSE THERE ARE NOW SERVICES BEING PROVIDED BY

PSYCHOLOGISTS AND PSYCHIATRISTS WHO CHARGE A HIGHER RATE AND --

MR. MONTESANO: RIGHT.

MR. BRONSON: -- GET PAID AND REIMBURSED AT A

HIGHER RATE. SO THAT'S ONE EXAMPLE. ANOTHER EXAMPLE IS, IF THESE

INDIVIDUALS, YOUNG PEOPLE OR OTHERS, ADULTS, AREN'T RECEIVING THE HELP

THEY NEED, MENTAL HEALTH SERVICES, SUBSTANCE USE SERVICES, WHERE DO

THEY END UP? THE EMERGENCY ROOM.

MR. MONTESANO: RIGHT.

MR. BRONSON: WHERE'S THAT COST? THAT COST IS

JUST AS HIGH. AND SO, YOU KNOW, IT'S A BALANCING SITUATION HERE WHEN

YOU START TALKING ABOUT -- ABOUT COST. THE OTHER THING I WOULD POINT

OUT, LOCALLY THERE'S A -- A CLINIC THAT'S PROVIDES THESE TYPES OF SERVICES

WHO TESTIFIED AT A JOINT PUBLIC HEARING THAT OUR GOOD CHAIR OF THE

MENTAL HEALTH CONDUCTED WITH THE CHAIR OF MENTAL HEALTH IN THE

SENATE, AND TESTIFIED THAT HIS CLINIC IS CURRENTLY FACING A WAITING LIST OF

1,000 PEOPLE. SO, EVEN THOUGH WE USE CLINIC SETTING, IT'S NOT SUFFICIENT

TO MEET THE DEMAND AND THE NEED. SO PASSING THIS BILL WOULD HELP US

MEET THE DEMAND.

MR. MONTESANO: THANK YOU.

MR. SPEAKER, ON THE BILL.

MR. BRONSON: THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

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

KNOW, I'M GOING TO SUPPORT THIS PIECE OF LEGISLATION FOR THE SIMPLE

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REASON IS WE'VE BEEN TALKING THIS WHOLE PAST YEAR SINCE WE'VE BEEN

BACK IN SESSION ABOUT ADDRESSING THE ISSUES CONCERNING ALL PEOPLE,

YOUNG PEOPLE, OLDER PEOPLE, ABOUT THE EFFECTS THAT COVID-19 HAS HAD

ON THEIR MENTAL HEALTH, ADDING THAT ON TOP OF WHAT WE ALREADY HAVE

PEOPLE WITH MENTAL HEALTH PROBLEMS AND CONDITIONS THAT NEED TO BE

TREATED ON AN OUTPATIENT BASIS. SINCE WE'VE HAD SUBSTANTIAL CLOSURES OF

HOSPITAL SETTINGS AND THERE'S NO MORE ROOM IN THE RESIDENTIAL HOME

SETTINGS, THESE PEOPLE ARE IN DIRE NEED OF TREATMENT. AND WHILE I'M NOT

A BIG FAN OF INCREASING THE MEDICAID BUDGET OR EXPENSES, THIS IS

NECESSARY TREATMENT THAT'S NEEDED. I HAVE MANY CONSTITUENTS IN MY

DISTRICT THAT COMPLAIN THAT THERE'S NO AVAILABILITY FOR THEM TO GO

ANYWHERE FOR TREATMENT. AND ONE OF THE THINGS I'D LIKE TO SEE DOWN THE

LINE IS, YOU KNOW, COMPELLING THE PSYCHOLOGISTS AND PSYCHIATRISTS THAT

THEY HAVE TO TAKE MEDICAID BECAUSE A LOT OF THEM DON'T. THEY WANT TO

BE PAID THEIR FEES, OR AT LEAST $350 AN HOUR, AND NO ONE HAS THAT KIND OF

MONEY. I DON'T CARE WHAT YOUR INSURANCE COVERAGE IS. SO, I MEAN,

THERE ARE PEOPLE THAT DO PAY IT, BUT THAT'S ANOTHER STORY. SO I THINK IF

WE'RE GOING TO BE SERIOUS ABOUT ADDRESSING THE MENTAL HEALTH ISSUES IN

OUR SOCIETY, THE PROBLEM IT'S CAUSING THE CHILDREN IN THEIR YOUNG AGE,

BUT ALSO THE ADULTS THAT ARE SUFFERING FROM THESE PROBLEMS AND THEY'RE

NOT BEING TREATED. AND WE SEE THIS PLAYED OUT IN -- IN VIOLENT BEHAVIOR

ON THE CITY STREETS, ON THE CITY SUBWAY SYSTEM AND AMONGST THEMSELVES

AND THEIR FAMILIES.

SO, I WILL BE VOTING IN THE AFFIRMATIVE TO SUPPORT THIS

PIECE OF LEGISLATION AND I WOULD ASK MY COLLEAGUES TO CONSIDER DOING

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THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MR.

MONTESANO.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. I AGREE

WITH MY COLLEAGUES THAT IT'S IMPORTANT TO HAVE MENTAL HEALTH SERVICES

AVAILABLE TO THOSE WHO ARE ON MEDICAID, AND INDEED WE DO. UNDER

CURRENT LAW, MEDICAID COVERS PSYCHIATRISTS, IT COVERS PSYCHOLOGISTS. IT

COVERS MENTAL HEALTH COUNSELORS WHO ARE WORKING THROUGH A CLINIC.

THOSE SERVICES ARE ALREADY PROVIDED. SO, WHAT DOES THIS BILL DO? THIS

BILL EXPANDS MEDICAID COVERAGE TO INCLUDE MARRIAGE COUNSELING,

FAMILY THERAPISTS, CREATIVE ARTS THERAPISTS OR PSYCHOANALYSTS. AND WHILE

THOSE SERVICES MIGHT BE HELPFUL TO SOME PEOPLE, I WOULD ARGUE THAT

THEY ARE NOT ESSENTIAL CORE MENTAL HEALTH SERVICES OR THE TYPE OF

SERVICES THAT WE WOULD NORMALLY EXPECT TO BE COVERED UNDER A HEALTH

INSURANCE PROGRAM. THERE ARE LOTS OF VALUABLE SERVICES THAT ARE

AVAILABLE. AS I MENTIONED, THERE'S A BROAD RANGE OF MENTAL HEALTH

SERVICES THAT ARE ALREADY COVERED BY MEDICAID. BUT WE NEED TO BE

MINDFUL THAT EVERY TIME WE EXPAND THE MEDICAID PROGRAM IT INCREASES

ITS COST. AND RIGHT NOW WE SPEND MORE ON MEDICAID IN NEW YORK

THAN TEXAS AND FLORIDA COMBINED, COMBINED. WE DON'T HAVE A

COVERAGE PROBLEM, WE HAVE A SPENDING PROBLEM THAT REFLECTS THE FACT

THAT ALMOST EVERYTHING WE SEE IS COVERED. AND IF WE WANT TO EXERCISE

FISCAL RESTRAINT, WE NEED TO START SOMEWHERE. AND PERHAPS NOT

EXPANDING IT TO INCLUDE CREATIVE ART THERAPISTS, MARRIAGE AND FAMILY

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THERAPISTS OR PSYCHOANALYSTS WHO ARE OPERATING OUTSIDE THE SUPERVISION

OF A PSYCHIATRIST OR A PSYCHOLOGIST MIGHT BE A FIRST STEP IN CURBING THE

GROWTH.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER J.D. RIVERA: THE CLERK WILL

RECORD THE VOTE ASSEMBLY BILL A.6323. 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: THE REPUBLICAN CONFERENCE IS

GENERALLY OPPOSED. SOME OF MY MEMBERS HAVE CERTAINLY SUPPORTED

THIS AND I WOULD ENCOURAGE THOSE WHO SUPPORT IT TO MAKE SURE THAT WE

KNOW HOW YOU FEEL BY CONTACTING THE MINORITY LEADER'S OFFICE.

THANK YOU, SIR.

ACTING SPEAKER J.D. RIVERA: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY COLLEAGUES WILL GENERALLY BE IN FAVOR OF THIS

PIECE OF LEGISLATION. HOWEVER, SHOULD FOLKS DECIDE TO BE AN EXCEPTION

THEY SHOULD CONTACT THE MAJORITY LEADER'S OFFICE AND THEIR VOTE WILL BE

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PROPERLY RECORDED.

THANK YOU, SIR.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER J.D. RIVERA: THANK YOU.

AND MR. BRONSON TO EXPLAIN HIS VOTE.

MR. BRONSON: THANK YOU, MR. SPEAKER. I WANT

TO CORRECT THE RECORD. IT WAS JUST STATED THAT UNDER -- CURRENTLY THAT

PSYCHOLOGISTS AND PSYCHIATRISTS RECEIVE THIS REIMBURSEMENT DIRECTLY

FROM MEDICAID, AND THEN IT WAS INDICATED THAT MENTAL HEALTH THERAPISTS

ALSO RECEIVE IT IN THE CLINIC. AND THEN THERE WAS SOME SUGGESTION OR A

DISTINCTION WITH -- WITH THE ART THERAPY. LET'S BE CLEAR. ALL OF THE 163

ARTICLE PROFESSIONS GET REIMBURSED IN THE CLINICAL SETTING. SO, YOU'RE

INCLUDING IN THAT MENTAL HEALTH COUNSELORS, AS WAS MENTIONED, BUT

YOU'RE ALSO INCLUDING MARRIAGE AND FAMILY THERAPISTS, YOU'RE INCLUDING

CREATIVE ART THERAPY AND PSYCHOANALYSTS. THE QUESTION HERE IS, CAN THEY

OR SHOULD THEY ALSO BE ABLE TO GET REIMBURSED IN A PRIVATE SETTING. THE

OTHER THING I WOULD SUGGEST, YOU KNOW, WITH THE CREATIVE ART THERAPY,

THESE ARE FOLKS WHO HELP INDIVIDUALS, IN PARTICULAR CHILDREN, WHO HAVE

DEVELOPMENTAL AND INTELLECTUAL DISABILITIES. THESE ARE FOLKS WHO HELP

SOMEONE WHO IS NONVERBAL LEARN TO BE VERBAL THROUGH MUSIC. I'VE SEEN

IT AT HILLSIDE -- OR AT MARY CARIOLA, RATHER. CHILDREN WITH DISABILITIES

OFTENTIMES CAN LEARN THROUGH THE CREATIVE ARTS. SO, AGAIN, THIS IS A

TWO-TIER SYSTEM THAT WE SHOULD NOT ALLOW TO KEEP GOING ON. IF YOU

HAVE MONEY AND YOU HAVE A LARGE BANK ACCOUNT, YOU CAN PAY FOR

MENTAL HEALTH SERVICES PRIVATELY. BUT IF YOU'RE POOR, YOU DON'T HAVE

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ACCESS TO IT. THIS BILL WILL CHANGE THAT DISPARITY.

I ENCOURAGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.

WITH THAT, I WITHDRAW MY REQUEST AND VOTE YES.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

MR. LAWLER TO EXPLAIN HIS VOTE.

MR. LAWLER: THANK YOU, MR. SPEAKER. WE DO

HAVE THE MOST EXPANSIVE MEDICAID PROGRAM IN THE COUNTRY. WE PAY 49

PERCENT MORE IN BENEFITS THAN THE AVERAGE OF THE OTHER 49 STATES. IT'S

ONE OF THE LARGEST DRIVERS OF OUR PROPERTY TAXES IN THIS STATE. YOU ONLY

NEED TO BE HERE 30 DAYS TO QUALIFY. BUT -- AND WHILE I DO THINK WE

NEED TO DO MORE TO REIN IN THE EXCESSIVE COSTS OF MEDICAID IN OUR STATE,

I DO THINK WHEN WE TALK ABOUT SOME OF THE ISSUES THAT HAVE BEEN RAISED

IN THIS BODY, WHETHER IT'S GUN VIOLENCE, HOMELESSNESS, SUBSTANCE USE

DISORDERS, A LOT OF IT IS CENTERED AROUND MENTAL HEALTH. AND WE DO HAVE

A MENTAL HEALTH CRISIS IN THIS STATE. AND SO FOR THAT REASON I DO THINK

IT'S IMPORTANT THAT PEOPLE DO HAVE ACCESS TO MENTAL HEALTH SERVICES

REGARDLESS OF THEIR INCOME, REGARDLESS OF THEIR WEALTH. AND SO I WILL

VOTE IN FAVOR OF THIS BILL BECAUSE I DO THINK IT IS SOMETHING THAT'S VITAL

TO TRY AND ADDRESS A VERY REAL CRISIS THAT PLAYS INTO MANY OF THE OTHER

ISSUES THAT WE HAVE IN OUR STATE.

AND SO I SUPPORT THIS LEGISLATION AND THANK THE

SPONSOR FOR PUTTING IT FORWARD.

ACTING SPEAKER J.D. RIVERA: MR. GOODELL FOR

EXCEPTIONS.

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

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COLLEAGUES MS. BYRNES, MR. GANDOLFO, MR. RA AND MR. SMITH AND MR.

DESTEFANO IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER J.D. RIVERA: 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

COLLEAGUES COULD GO TO PAGE 2 [SIC] ON OUR DEBATE LIST AND WE'RE NOW

GOING TO TAKE UP RULES REPORT NO. 346. IT'S ASSEMBLY BILL 6355 BY

MS. SOLAGES. AND FOLLOWED BY RULES REPORT NO. 406, ASSEMBLY BILL

362.A, AND IT IS SPONSORED BY MR. ZEBROWSKI. IN THAT ORDER, MR.

SPEAKER.

THANK YOU.

ACTING SPEAKER J.D. RIVERA: PAGE 13, RULES

REPORT NO. 346, THE CLERK WILL READ.

THE CLERK: SENATE S02157-A, RULES REPORT NO.

346, SENATOR THOMAS (A06355, SOLAGES, EPSTEIN, GRIFFIN, GOTTFRIED,

THIELE, DICKENS, ANDERSON, SILLITTI, ZINERMAN, SIMON). AN ACT TO

AMEND THE REAL PROPERTY LAW, IN RELATION TO ASSOCIATE REAL ESTATE

BROKERS ACTING AS OFFICE MANAGERS.

ACTING SPEAKER J.D. RIVERA: EXPLANATION,

PLEASE.

MS. SOLAGES: THIS BILL WOULD HAVE AN ASSOCIATE

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BROKER WHO IS ACTING AS AN OFFICE MANAGER, THEY MUST BE ACTIVE FOR -- IN

THE INDUSTRY FOR TWO OF THE FOUR YEARS THAT THEY'VE BEEN AN ASSOCIATE

BROKER BEFORE THEY ARE APPOINTED OFFICE MANAGER. IN ADDITION, THE

OFFICE MANAGER HAS THE SAME DUTY TO SUPERVISE AGENTS AND ASSOCIATE

BROKERS WHO ARE REAL ESTATE LICENCE -- WHO ARE LICENSED REAL ESTATE

BROKERS.

ACTING SPEAKER J.D. RIVERA: MR. MONTESANO.

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

THE SPONSOR YIELD?

ACTING SPEAKER J.D. RIVERA: DOES THE

SPONSOR YIELD?

MS. SOLAGES: YES.

MR. MONTESANO: ALL RIGHT, THANK YOU. MS.

SOLAGES, RIGHT NOW CURRENTLY WHEN WE HAVE -- I UNDERSTAND UNDER

CURRENT LAW THAT AN OFFICE MANAGER IN A REAL ESTATE BROKERAGE ALREADY

HAS TO BE A LICENSED SALESPERSON, AM I CORRECT?

MS. SOLAGES: THAT IS CORRECT.

MR. MONTESANO: OKAY. AND WHAT IS THE ROLE

THAT THEY PLAY? YOU KNOW, WHAT'S THEIR DUTIES AND THEIR OBLIGATIONS

UNDER THE CURRENT LAW?

MS. SOLAGES: SO, CURRENTLY UNDER THE LAW,

OBVIOUSLY THEY ARE A FACILITATOR OF -- OF, YOU KNOW, REAL ESTATE

TRANSACTIONS. THEY HELP ASSIST IN THE OFFICE, WHETHER IT'S, YOU KNOW, THE

BUDGET OF -- OF THE OFFICE, THEY SERVE AS A FACILITATOR. IT -- IT'S BASICALLY

AN OFFICE MANAGER POSITION ASIDE FROM THE ALSO DUTIES OF -- OF

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FACILITATING, YOU KNOW, REAL ESTATE TRANSACTIONS.

MR. MONTESANO: OKAY. SO THEY SUPERVISE THE

SALESPERSONS?

MS. SOLAGES: CORRECT. AND JUST TO -- TO GO BACK

FOR -- FOR CLARITY. IN NEW YORK, REAL ESTATE BROKERS ARE REQUIRED TO

MAINTAIN AND SUPERVISE AT A PRINCIPAL PLACE. SO IN ADDITION, BROKERS

HAVE NUMEROUS OFFICES, SO THEY CAN APPOINT AN OFFICE MANAGER TO

OVERSEE THE OFFICE BRANCH. SO BASICALLY THIS BILL SAYS THAT, YOU KNOW,

THE OFFICE MANAGER -- SORRY, THE BILL HOLDS ASSOCIATE BROKERS ACTING AS

OFFICE MANAGERS TO THE SAME DUTY AS A SUPERVISED LICENSED BROKER. AND

THE ASSOCIATE BANKER HAS THE SAME LEVEL OF TRAINING AS A LICENSED BROKER

AND THE EXPERTISE TO SUPERVISE SALESPEOPLE WITHIN THE DESIGNATED OFFICE.

MR. MONTESANO: ALL RIGHT. OKAY. SO NOW THIS

LEVEL OF EXPERIENCE THAT'S COMING INTO THIS POSITION TO BE AN OFFICE

MANAGER, WHAT KIND OF EXPERIENCE IS IT THAT'S NECESSARY? IS IT RUNNING

AN OFFICE OR IS IT HOW MANY SALES THEY MADE AS A SALESPERSON? WHAT

KIND OF EXPERIENCE ARE WE LOOKING FOR?

MS. SOLAGES: SO THE BILL ONLY SPEAKS TO THE

TIMELINE. IT SAYS TWO TO -- TWO TO -- SORRY. OUT OF THE FOUR YEARS, TWO

YEARS THEY -- THEY HAVE TO HAVE THAT EXPERIENCE.

MR. MONTESANO: OF WORKING AS AN OFFICE

MANAGER?

MS. SOLAGES: CORRECT.

MR. MONTESANO: OKAY. NOW IF THE BROKERAGE,

YOU KNOW, THE BROKER HIMSELF DOES NOT COMPLY WITH THIS REQUIREMENT,

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WHAT'S THE SANCTION OR THE PENALTY THAT CAN BE IMPOSED?

MS. SOLAGES: YOU KNOW, THIS BILL DOESN'T REALLY

HAVE A -- HOLD ON, LET ME JUST -- ONE SECOND. YOU KNOW, THERE'S NO

REALLY PENALTIES FOR FAILURE TO SUPERVISE, SO THE BILL IS SILENT ON

PENALTIES. YOU KNOW, WE'RE HOPING THAT INDIVIDUALS, YOU KNOW, ARE --

ARE WILLING TO, YOU KNOW, STEP UP THE STANDARD OF -- OF THEIR INDUSTRY.

AND THE PURPOSE OF THIS BILL WAS BECAUSE, YOU KNOW, AN INVESTIGATION

HAPPENED WHERE, YOU KNOW, THERE WAS A LOT OF DISCRIMINATION AGAINST

PEOPLE OF COLOR AND, YOU KNOW, IT -- IT WAS SEEN THAT THERE WAS JUST

WIDESPREAD TREATMENT OF POTENTIAL HOME BUYERS --

MR. MONTESANO: OKAY.

MS. SOLAGES: -- AND SEGREGATION AND ALL THAT.

MR. MONTESANO: SO NOW LET ME ASK, UNDER THE

CURRENT LAW, IF A BROKER HAS JUST SAY THREE LOCATIONS, IS HE REQUIRED

UNDER THE CURRENT LAW TO HAVE AN OFFICE MANAGER IN EACH LOCATION?

MS. SOLAGES: I DON'T BELIEVE SO.

MR. MONTESANO: OKAY.

MS. SOLAGES: BUT I'M -- I'M NOT TOTALLY 100

PERCENT --

MR. MONTESANO: OKAY.

MS. SOLAGES: -- KNOWLEDGEABLE ABOUT THAT. BUT

ACCORDING TO THE RESEARCH I HAVE MADE, THEY DON'T HAVE TO. THEY CAN DO

IT THEMSELVES.

MR. MONTESANO: OKAY. AND SO IF HE PUTS

SOMEONE ELSE IN ONE OF THESE SATELLITE OFFICES CALLED A SECRETARY, SAY

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WE'LL USE THAT TITLE, A SECRETARY OR A BOOKKEEPER, HE COULD -- HE OR SHE

COULD ACTUALLY CIRCUMVENT THIS PARTICULAR LAW, AM I CORRECT?

MS. SOLAGES: YOU KNOW, WE'RE TRYING TO ENSURE

THAT OFFICE MANAGERS WHO ARE ALL ALSO FACILITATING REAL ESTATE

TRANSACTIONS ARE -- ARE HELD TO THIS NEW STANDARD. SO, IF THE BOOKKEEPER

IS JUST DOING BOOKKEEPING AND THE SECRETARY IS JUST ANSWERING THE

PHONES, I DON'T THINK THAT THEY -- THEY FALL UNDER THIS. BUT, YOU KNOW,

WE WANT TO GO AFTER THE PEOPLE WHO ARE, YOU KNOW, TALKING TO

INDIVIDUALS AND HELPING FACILITATE THOSE REAL ESTATE TRANSACTIONS.

MR. MONTESANO: OKAY. THANK YOU VERY MUCH.

ACTING SPEAKER J.D. RIVERA: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER J.D. RIVERA: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL A.6355. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE THAT

WOULD LIKE TO VOTE IN FAVOR OF IT SHOULD CONTACT THE MINORITY LEADER'S

OFFICE AND WE'LL RECORD YOUR VOTE PROPERLY.

THANK YOU, SIR.

ACTING SPEAKER J.D. RIVERA: MRS.

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PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE WILL BE IN FAVOR OF THIS LEGISLATION. HOWEVER,

THERE MAY BE A FEW OF OUR COLLEAGUES THAT WOULD DESIRE TO BE AN

EXCEPTION. THEY SHOULD CONTACT THE MAJORITY LEADER'S OFFICE AND THEIR

VOTE WILL BE PROPERLY RECORDED.

THANK YOU, SIR.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER J.D. RIVERA: MR. GOODELL TO

EXPLAIN YOUR VOTE.

MR. GOODELL: THANK YOU, SIR. THIS BILL CONTINUES

NEW YORK STATE'S EFFORT TO MICROMANAGE EVERY BUSINESS IN THE STATE BY

REQUIRING ASSOCIATE REAL ESTATE BROKERS TO HAVE AT LEAST TWO YEARS OF

EXPERIENCE OUT OF THE LAST FOUR. NOW THAT MIGHT SOUND LIKE A -- A

PRACTICAL THING, BUT LET'S SAY YOU'RE REAL ESTATE ASSOCIATE REAL ESTATE

BROKER, YOU'VE BEEN IN THE BUSINESS FOR TEN OR 15 YEARS. YOU DECIDE TO

TEMPORARILY STEP AWAY, PERHAPS YOU'RE RAISING CHILDREN, AND THREE YEARS

LATER YOU WANT TO REJOIN THE REAL ESTATE BUSINESS. YOU'VE BEEN AN

ASSOCIATE BROKER IN ACTIVE PRACTICE FOR TEN OR 15 YEARS, YOU CAN'T BE AN

OFFICE MANAGER BECAUSE YOU TOOK SOME TIME OFF TO RAISE SOME KIDS.

HOW RIDICULOUS IS THAT? BUT IF YOU ARE COMING BACK AND MAYBE YOU

MEET THE TWO OUT OF FOUR YEARS, THEN YOU ARE REQUIRED UNDER THIS BILL TO

EXERCISE THE SAME DUTY AS SUPERVISION OVER SALESMEN AS A BROKER. BUT

WHAT IF THE BROKER WHO'S IN CHARGE OF THE OPERATION JUST WANTS YOU TO

BE A SECRETARY? WELL, THAT'S OKAY. WHAT IF HE WANTS YOU TO DO

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ANYTHING THAT'S IN VIOLATION OF THIS LAW? THAT'S OKAY, YOU JUST CAN'T BE

CALLED OFFICE MANAGER. IT'S TIME THAT NEW YORK STATE STOP

MICROMANAGING BUSINESSES. LET BUSINESS OWNERS HIRE THE PERSON THEY

THINK IS THE BEST QUALIFIED TO SERVE AS OFFICE MANAGER. LET THEM RUN

THEIR OWN BUSINESS. WE DON'T NEED TO TELL THEM HOW TO RUN THEIR

BUSINESS BY LEGISLATION.

AND FOR THAT REASON I'LL BE OPPOSED TO IT AND I WOULD

RECOMMEND MY COLLEAGUES ALSO OPPOSE IT. THANK YOU, SIR.

ACTING SPEAKER J.D. RIVERA: MR. GOODELL IN

THE NEGATIVE.

MS. SOLAGES TO EXPLAIN HER VOTE.

MS. SOLAGES: TO EXPLAIN MY VOTE. IN ONE OF THE

MOST CONCENTRATED INVESTIGATION OF DISCRIMINATION BY REAL ESTATE AGENTS

IN HALF A CENTURY SINCE THE ENACTMENT OF AMERICAN -- AMERICA'S LAW --

LANDMARK FAIR HOUSING LAW, A PUBLICATION IN NEWSDAY FOUND EVIDENCE

THAT THERE WAS WIDESPREAD SEPARATE AND UNEQUAL TREATMENT OF PEOPLE OF

COLOR WHO WERE TRYING TO BUY HOMES. AND THEY WERE STEERING THEM

TOWARDS MINORITY AREAS AND NOT ALLOWING THEM TO BUY HOMES IN CERTAIN

ZIP CODES. AS WE KNOW, LONG ISLAND IS ONE OF THE MOST SEGREGATED

METROPOLITAN AREAS IN THE COUNTRY, AND THAT GOES FOR MANY AREAS ACROSS

NEW YORK STATE. AND THIS IS UNFAIR. SO THIS BILL AND OTHER PIECES OF

LEGISLATION ARE TACKLING AT THIS INDUSTRY AT ITS CORE. WE SEE THAT THERE'S

SOMETHING WRONG. THERE'S SEGREGATION AND WE NEED TO STOP THAT AND

WE NEED TO WORK TOGETHER TO ENSURE THAT REGARDLESS OF WHO YOU ARE, YOU

SHOULD BE ABLE TO HAVE A PATHWAY TO HOMES -- A PATHWAY TO

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HOMEOWNERSHIP.

AND SO I ENCOURAGE ALL MY COLLEAGUES TO VOTE IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER J.D. RIVERA: MS. SOLAGES IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 14, RULES REPORT NO. 406, THE CLERK WILL READ.

THE CLERK: SENATE S02884-A, RULES REPORT NO.

406, SENATOR MAY (A00362-A, ZEBROWSKI, BARRON). AN ACT TO AMEND

THE EXECUTIVE LAW, IN RELATION TO PENALTIES FOR CODE VIOLATIONS.

ACTING SPEAKER J.D. RIVERA: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER J.D. RIVERA: ON THE BILL.

MR. GOODELL: THIS BILL PROVIDES FOR INCREASED

PENALTIES FOR VIOLATION OF THE NEW YORK STATE BUILDING AND FIRE CODE

IF THE VIOLATION PERSISTS BEHIND -- BEYOND 180 DAYS. IN PARTICULAR, IT

IMPOSES A MINIMUM FINE OF $25 A DAY, NOT TO EXCEED $1,000 PER DAY,

AND IMPRISONMENT UP TO A YEAR OR BOTH. AND IF THE VIOLATION REMAINS

UNCORRECTED AFTER AN ADDITIONAL 180 DAYS, THE FINE IS DOUBLED TO $50 PER

DAY. THE PROBLEM THAT WE ARE FACING IS THAT THE STATE GOVERNOR, THEN

THE OFFICE FOR THE COURT ADMINISTRATION AND THEN THIS LEGISLATURE

IMPOSED EVICTION MORATORIUMS THAT AFFECTED ALMOST EVERY LANDLORD ALL

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ACROSS THIS GREAT STATE. AND THAT EVICTION MORATORIUM HAS GONE ON NOW

FOR OVER A YEAR-AND-A HALF. WE STILL HAVE AN EVICTION MORATORIUM, AS A

PRACTICAL MANNER, FOR MOST LANDLORDS EVEN THOUGH, WITH THE EXCEPTION

OF THOSE OF US ON THE FLOOR OF THE LEGISLATURE, MOST PEOPLE NO LONGER

WEAR MASKS AND VIRTUALLY EVERY BUSINESS IS OPEN. BUT WHEN YOU GO FOR

A YEAR-AND-A-HALF WITHOUT INCOME FROM MANY OF YOUR TENANTS AND YOU

ARE UNABLE TO GET THEM OUT OF THE APARTMENT AND GET SOMEBODY ELSE IN,

IT CREATES HORRIFIC CASH FLOW PROBLEMS. AND SO LANDLORDS FACING THOSE

HUGE CASH FLOW PROBLEMS DON'T HAVE THE MONEY TO MAKE REPAIRS THAT

THEY'D LIKE TO MAKE. THEY DON'T HAVE MONEY TO MAKE PAYMENTS ON

THEIR MORTGAGE SOMETIMES, OR -- OR PAYING THE TAXES. AND MANY OF OUR

SMALLER LANDLORDS ARE SEEING THEIR ENTIRE LIFE SAVINGS EVAPORATE IN FRONT

OF THEM. AND THEN TO COMPOUND MATTERS, IF THEY EVENTUALLY DO GET OUT

A NON-PAYING TENANT AND GET A TENANT IN THAT'S PAYING, WE HAVE SEEN A

SHORTAGE OF CONSTRUCTION MATERIALS AND SKYROCKETING PRICES ALL ACROSS

NEW YORK STATE. THEN WHEN IT COMES TO MAKING REPAIRS, SOME REPAIRS

REQUIRE COOPERATIVE WEATHER. YOU CAN'T MAKE PERMANENT ROOF REPAIRS

DURING A SNOWSTORM OR A RAINSTORM, YOU HAVE TO HAVE COOPERATING

WEATHER. SO I'M VERY CONCERNED THAT HERE IN THE LEGISLATURE, AFTER

WE'VE IMPOSED AN EVICTION MORATORIUM THAT'S GONE ON FOR A

YEAR-AND-A-HALF, WE THEN TURN AROUND AND SAY TO THE LANDLORDS, HEY, IF

YOU'RE NOT KEEPING YOUR PLACE FULLY REPAIRED AND MAINTAINED WE'RE

GOING TO REQUIRE -- REQUIRE -- NO OPTION. WE'RE GOING TO REQUIRE A

MINIMUM FINE. JUDGE, YOU DON'T HAVE ANY DISCRETION UNDER THIS LAW,

YOU MUST IMPOSE A MINIMUM FINE. IT DOESN'T MATTER WHAT THE EXCUSE

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NYS ASSEMBLY JUNE 9, 2021

WAS, IT DOESN'T MATTER WHAT THE EXPLANATION WAS, IT DOESN'T MATTER WHAT

THE WEATHER WAS. A MINIMUM FINE ON OUR LANDLORDS. MY FRIENDS, LET'S

HELP LANDLORDS RECOVER FROM THE HORRIFIC FINANCIAL DAMAGE WE'VE DONE

TO THEM RATHER THAN IMPOSE MINIMUM MANDATORY FINES.

FOR THAT REASON I'LL OPPOSE IT AND RECOMMEND MY

COLLEAGUES DO AS WELL. THANK YOU.

ACTING SPEAKER J.D. RIVERA: READ THE LAST

SECTION.

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

DAY.

ACTING SPEAKER J.D. RIVERA: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL A.362-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

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE.

THANK YOU, SIR.

ACTING SPEAKER J.D. RIVERA: MRS.

PEOPLES-STOKES.

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

THE MAJORITY CONFERENCE IS GOING TO BE IN SUPPORT OF THIS PIECE OF

LEGISLATION. HOWEVER, THERE MAY BE A FEW OF US WHO WOULD LIKE TO BE

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NYS ASSEMBLY JUNE 9, 2021

AN EXCEPTION. THEY'RE ADVISED TO CONTACT THE MAJORITY LEADER'S OFFICE

SO THAT THEIR VOTE CAN BE PROPERLY RECORDED.

THANK YOU.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. PLEASE RECORD OUR COLLEAGUE CARRIE WOERNER IN THE NEGATIVE

ON THIS ONE.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

ARE THERE ANY OTHER VOTES?

MR. GOODELL.

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

FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. GANDOLFO, MS. MILLER AND

MR. RA.

THANK YOU, SIR.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

MR. GOODELL.

MR. GOODELL: AND ALSO PLEASE ADD MR.

DESTEFANO.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES,

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NYS ASSEMBLY JUNE 9, 2021

IF WE COULD -- MR. SPEAKER, IF YOU COULD PUT OUR HOUSE IN RECESS FOR A

MOMENT, WE NEED TO DO A QUICK RULES COMMITTEE MEETING. COLLEAGUES

IN THE CHAMBERS THAT ARE MEMBERS OF RULES NEED NOT MOVE, YOU CAN

MOVE DOWN TO THE SPEAKER'S CONFERENCE ROOM. IF YOU'RE IN YOUR

OFFICE ON ZOOM, YOU SHOULD REMAIN THERE IF YOU ARE ON RULES AND YOU

WILL BE PULLED INTO THE COMMITTEE MEETING BY THESE VERY CAPABLE

TECHNICIANS WE HAVE SITTING HERE ON THE FLOOR IN FRONT OF US ON THE FLOOR.

MR. SPEAKER, PLEASE PUT US IN RECESS.

ACTING SPEAKER J.D. RIVERA: THE HOUSE

STANDS IN RECESS.

(WHEREUPON, AT 8:39 P.M., THE HOUSE STOOD IN RECESS.)

****AFTER THE RECESS 9:07 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD ADVANCE THE B-CALENDAR, PLEASE.

ACTING SPEAKER AUBRY: ON MRS.

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

MRS. PEOPLES-STOKES: THANK YOU. COLLEAGUES,

AND WE WILL GO RIGHT TO RULES REPORT NO. 2 -- I'M SORRY, RULES REPORT

NO. 721 ON CONSENT BY MS. REYES. FOLLOWING THAT WE WILL RETURN TO

OUR DEBATE CALENDAR, AND WE'RE GOING TO START ON THAT DEBATE CALENDAR

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NYS ASSEMBLY JUNE 9, 2021

WITH RULES REPORT NO. 343. IT'S ASSEMBLY BILL 6247 BY

PEOPLES-STOKES. FOLLOWED BY RULES REPORT NO. 421, ASSEMBLY BILL

2543 BY MS. WEINSTEIN. RULES REPORT NO. 424, ASSEMBLY BILL 3186

BY MR. HEVESI. RULES REPORT NO. 425, ASSEMBLY BILL 3241 BY MR.

MCDONALD. FOLLOWED BY RULES REPORT NO. 437, ASSEMBLY BILL 5402.

THAT ONE'S BY MS. SOLAGES. AND FOR THE MOMENT, THE LAST ONE, MR.

SPEAKER, WILL BE 4 -- RULES REPORT NO. 442. THAT'S ASSEMBLY BILL

5698-B AND THAT ONE'S BY MS. ROZIC. IN THAT ORDER, AND THANK YOU VERY

MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: RULES REPORT NO.

721 ON THE B-CALENDAR, THE CLERK WILL READ.

THE CLERK: ASSEMBLY A06593-B, RULES REPORT

NO. 721, REYES, MITAYNES, MAMDANI, JACKSON, BARRON, PICHARDO,

EPSTEIN, KELLES, BARNWELL, HEVESI, L. ROSENTHAL, MEEKS, DE LA ROSA,

OTIS, GONZ�LEZ-ROJAS, CLARK, CARROLL, FORREST, SIMON, NIOU, FRONTUS,

GALLAGHER, CRUZ, ZINERMAN. AN ACT TO AMEND THE PRIVATE HOUSING

FINANCE LAW, IN RELATION TO ENACTING THE "HOUSING OUR NEIGHBORS

WITH DIGNITY ACT."

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 5257-C. THIS IS A FAST ROLL CALL. ANY

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NYS ASSEMBLY JUNE 9, 2021

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ON THE MAIN CALENDAR, RULES -- PAGE 12, RULES REPORT

NO. 343, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06247-A, RULES

REPORT NO. 343, PEOPLES-STOKES, PERRY. AN ACT TO AMEND THE BANKING

LAW, IN RELATION TO THE ASSESSMENT OF THE RECORD OF PERFORMANCE OF

MORTGAGE BANKERS IN HELPING TO MEET THE CREDIT NEEDS OF LOCAL

COMMUNITIES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IN FEBRUARY OF THIS YEAR, 2021, THE FINANCIAL SERVICES

AGENCY OF THE STATE OF NEW YORK ACTUALLY RELEASED A REPORT, AND IT

DEMONSTRATED THE REDLINING THAT HAS BEEN GOING ON WITHIN THE CITY OF

BUFFALO AND I WOULD SUSPECT IN OTHER PLACES THROUGHOUT THE STATE AS

WELL, FROM NOT NECESSARILY BANKS WHO ARE ALREADY COVERED UNDER THE

COMMUNITY REINVESTMENT ACT, BUT FOR NON-LENDING -- NON-BANKING

INSTITUTIONS THAT PROVIDE MORTGAGES. AND SO WHAT THIS BILL WOULD DO,

MR. SPEAKER, WOULD BE TO ADD THOSE TYPE LENDERS, NON-DEPOSITORY

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NYS ASSEMBLY JUNE 9, 2021

LENDERS, TO THE CRA REQUIREMENTS THAT WE HAVE EXISTING IN THE STATE OF

NEW YORK. IT IS HOPEFUL BY THE DEPARTMENT OF FINANCIAL SERVICES AS

WELL AS MYSELF IS THAT THIS TYPE OF OVERSIGHT AND REQUIREMENT OF THE

SAME GUIDELINES AS A REGULAR BANKING INSTITUTION WOULD PERHAPS

PROHIBIT WITH THESE NON-DEPOSITORY MORTGAGE INSTITUTIONS FROM

REDLINING AND DISCRIMINATING AGAINST COMMUNITIES LOW-INCOME AND

COMMUNITIES OF COLOR. NOT JUST IN THE GREAT CITY OF BUFFALO, BUT

THROUGHOUT THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. LALOR.

MR. LALOR: WILL THE SPONSOR YIELD FOR A FEW

QUESTIONS?

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,

DO YOU YIELD?

MRS. PEOPLES-STOKES: YES, OF COURSE, MR.

SPEAKER. ALTHOUGH I DIDN'T HEAR THE GENTLEMAN CLEARLY SO HE'S GOING TO

HAVE TO SPEAK A LITTLE MORE DISTINCTLY INTO THE MICROPHONE.

ACTING SPEAKER AUBRY: MR. LALOR, WE'LL HAVE

TO RAISE YOUR MIC ON YOUR --

MR. LALOR: OR PROJECT TO -- OR PROJECT. IS THAT

BETTER?

ACTING SPEAKER AUBRY: THAT'S BETTER.

MRS. PEOPLES-STOKES: NO.

ACTING SPEAKER AUBRY: NO.

MRS. PEOPLES-STOKES: I'M SORRY, I DIDN'T -- I

DIDN'T UNDERSTAND HIM.

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NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER AUBRY: SHE CAN'T HEAR YOU.

SO SEE WHAT YOU COULD DO TO CLEAR THAT UP. CAN WE HELP HIM?

MR. LALOR: IF YOU CAN HEAR ME, COULD THE SPONSOR

EXPLAIN SPECIFICALLY HOW THE ELEMENTS OF THIS BILL WILL FIX THE PROBLEM

OF REDLINING?

MRS. PEOPLES-STOKES: I BELIEVE YOU SAID CAN

THE SPONSOR EXPLAIN SPECIFICALLY HOW THIS BILL WOULD IMPACT

NON-LENDING INSTITUTIONS?

ACTING SPEAKER AUBRY: HOW --

MR. LALOR: NO.

ACTING SPEAKER AUBRY: HOW IT WOULD FIX

REDLINING I BELIEVE IS THE QUESTION.

MR. LALOR: YES.

MRS. PEOPLES-STOKES: WELL, THE BILL WOULD

CREATE GUIDELINES FOR ACCESSING SUCH LENDER'S RECORDS OF PERFORMANCE

THROUGH FACTORS SIMILAR TO THE ONES THAT ARE EVALUATED IN REGULAR

BANKING INSTITUTIONS, INCLUDING ACTIVITIES CONDUCTED BY CERTAIN CREDIT

NEEDS WITHIN COMMUNITIES. THE EXTENT TO WHICH MARKETING AND

PROMOTIONS MAKE THE COMMUNITY AWARE OF SUCH SERVICES THAT THEY

OFFER. THE EXTENT OF PARTICIPATION BY THE MORTGAGE BANKERS LEADERSHIP

BODIES AND FORMULATING POLICIES AND REVIEWING PERFORMANCE.

PARTICIPATION IN COMMUNITY OUTREACH DEVELOPMENT, REDEVELOPMENT AND

EDUCATIONAL PROGRAMS. ANY PRACTICES EXTENDED TO DISCOURAGE

APPLICANTS FOR TYPES OF CREDIT. GEOGRAPHICAL DISTRIBUTION OF CREDIT

OFFICERS -- OFFERS, WHICH HAPPENS QUITE OFTEN. EVIDENCE OF PROHIBITED

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DISCRIMINATORY OR OTHER ILLEGAL CREDIT PRACTICES, AND A RECORD OF OPENING

AND CLOSING OFFICES. THERE ARE SOME EXISTING DEPOSITORY --

NON-DEPOSITORY ORGANIZATIONS WHO WILL BE WORKING IN COLLABORATION

WITH THE DEPARTMENT OF FINANCIAL SERVICES AND IMPLEMENTING THE

STRATEGY IN THE STATE OF NEW YORK.

MR. LALOR: THANK YOU FOR THAT. WILL THIS

LEGISLATION ADD TO THE COST OF BORROWING BY CONSUMERS?

MRS. PEOPLES-STOKES: WILL THIS ADD TO THE

COST? I WOULD SUSPECT THAT IT WOULD ADD A SIMILAR COST THAT EXISTING

BANKS HAVE AS IT RELATES TO ADHERING TO THE RULES AND REGULATIONS OF THE

COMMUNITY REINVESTMENT ACT.

MR. LALOR: SO IS IT CORRECT TO SAY THAT THESE

REGULATIONS WILL ADD TO THE COST OF BORROWING FOR WEALTHY BORROWERS,

MODERATE-INCOME BORROWERS AND LOWER-INCOME BORROWERS?

MRS. PEOPLES-STOKES: WELL, WHAT -- WHAT WE

WOULD HOPE THAT IT WOULD DO IS THE SIMILAR THING THAT IT HAS BEEN

SUCCESSFUL IN DOING WITH REGULAR LENDING MORTGAGE LENDERS IS THAT, YOU

KNOW, THEY KNOW THAT THEY'RE GOING TO BE MONITORED IN HOW THEY ASSESS

OR DEAL WITH CLIENTS, WHETHER THEY BE LOW-INCOME, FARMERS, PEOPLE OF

COLOR, OR LIVE IN DISTRESSED COMMUNITIES. AND THAT SORT OF MONITORING

GENERALLY, YOU KNOW, PUTS PEOPLE INTO AN AREA WHERE THEY WILL STOP

REDLINING BASED ON SOMEONE'S ZIP CODE OR COMMUNITY THAT THEY RESIDE

IN.

MR. LALOR: DOES THIS LEGISLATION GIVE MORE

REGULATORY AUTHORITY TO THE DEPARTMENT OF FINANCIAL SERVICES?

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NYS ASSEMBLY JUNE 9, 2021

MRS. PEOPLES-STOKES: YES.

MR. LALOR: WHAT WILL DFS BE ABLE TO DO SHOULD

THIS BILL BECOME LAW THAT THEY CANNOT DO NOW?

MRS. PEOPLES-STOKES: CAN YOU REPEAT THAT?

ACTING SPEAKER AUBRY: WHAT WILL THE

DEPARTMENT BE ABLE TO DO WITH PASSAGE OF THIS LAW THAT THEY CANNOT DO

NOW?

MRS. PEOPLES-STOKES: WELL, RIGHT NOW, THE

DEPARTMENT OF FINANCIAL SERVICES DOES NOT HAVE THE AUTHORITY TO

ENFORCE COMMUNITY REINVESTMENT ACT RULES AND REGULATIONS ON

NON-DEPOSITORY ORGANIZATIONS. THEY ONLY HAVE THAT AUTHORITY AS IT

RELATES TO THE TRADITIONAL BANKING COMMUNITY. THIS LEGISLATION WOULD

GIVE THEM THAT AUTHORITY FOR NON-DEPOSITORY ORGANIZATIONS.

MR. LALOR: THANK YOU. AND IN PARAGRAPH 4, LINE

42 IT SAYS THAT THIS LEGISLATION APPLIES TO MORTGAGE BANKERS THAT

ORIGINATE A MINIMUM NUMBER OF LOANS ANNUALLY. BUT IT DOESN'T SPECIFY

HOW MANY LOANS ANNUALLY A LENDING INSTITUTION WOULD HAVE TO MAKE TO

BE COVERED BY THIS LEGISLATION. WHAT IS THAT NUMBER?

MRS. PEOPLES-STOKES: SO YOU'RE READING FROM

THE BILL, LINE 22, SECTION G?

MR. LALOR: LINE 42 --

MRS. PEOPLES-STOKES: 42 --

MR. LALOR: -- SECTION 44.

MRS. PEOPLES-STOKES: NOTWITHSTANDING ANY

OTHER PROVISION OF THIS CHAPTER OR OTHER LAW TO THE CONTRARY, THE TERM

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NYS ASSEMBLY JUNE 9, 2021

"MORTGAGE BANKER" WHEN USED IN THIS SECTION SHALL MEAN AND INCLUDE

MORTGAGE BANKERS LICENSED PURSUANT TO SECTION 591 OF THIS CHAPTER THAT

ORIGINATED FROM A MINIMUM NUMBER OF LOANS ANNUALLY. SUCH NUMBER

IS SET TO BE REGULATED AND PROMULGATED BY THE SUPERINTENDENT. YOUR

QUESTION ABOUT THAT IS THAT THERE ARE SOME NON-DEPOSITORY MORTGAGE

ORGANIZATIONS THAT HAVE OPERATED WITHIN THE STATE OF NEW YORK THAT

HAVE VIOLATED THE STATE'S REDLINING LAWS AS IT RELATES TO COMMUNITY

REINVESTMENT ACTS [SIC]. BECAUSE THEY'RE NOT NECESSARILY REGULATED

UNDER THE COMMUNITY REINVESTMENT ACT, THE DEPARTMENT OF FINANCIAL

SERVICES IS RECOMMENDING THAT THEY BE SO, AND I QUITE OBVIOUSLY

CONCUR.

MR. LALOR: BUT WILL ONE OF THOSE MORTGAGE

BANKERS WHO MAKES ONE LOAN A YEAR BE COVERED BY THIS NEW

LEGISLATION?

MRS. PEOPLES-STOKES: TO ORIGINATE A MINIMUM

NUMBER OF LOANS ANNUALLY, SUCH A NUMBER IS TO BE SET BY THE REGULATION

PROMULGATED BY THE SUPERINTENDENT. SO, SIR, ACCORDING TO THE LANGUAGE

IN THIS LEGISLATION AND I'M COMPLETELY CONFIDENT AND FEEL COMFORTABLE

THAT THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES WILL

MAKE THE RIGHT RECOMMENDATION ON THE NUMBER OF LOANS THAT ONE GIVES

-- PROVIDES IN OUR STATE. I DOUBT THAT THEY WOULD HAVE FOUND -- BEEN

FOUND GUILTY OF SOMETHING IF THEY ONLY PROVIDED ONE LOAN. THERE'S

SOME CONSISTENCY IN DEMONSTRATING THAT THE LOANS THAT THEY HAVE

PROVIDED HAVE BEEN REDLINING COMMUNITIES, AND OUR GOAL HERE IS TO

PROHIBIT THAT.

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MR. LALOR: BUT WHY ARE WE, AS THE ELECTED

REPRESENTATIVES OF THE PEOPLE OF NEW YORK, LEAVING THE KEY DECISION

RELATING TO THE SCOPE OF THIS BILL, WHO'S COVERED BY THIS BILL? WHY

AREN'T WE SPECIFYING THAT AND WHY ARE WE LEAVING IT UP TO AN UNELECTED

BUREAUCRAT WHOSE NAME MOST PEOPLE DON'T EVEN KNOW IN THE STATE?

MRS. PEOPLES-STOKES: WELL, I'M NOT SURE --

MR. LALOR: SHOULDN'T WE BE -- SHOULDN'T WE BE

DECIDING THE SCOPE OF THIS BILL?

MRS. PEOPLES-STOKES: I HEAR LIKE A LITTLE HUM

BEHIND HIM OR SOMETHING --

ACTING SPEAKER AUBRY: WOULD YOU TRY AND

REPEAT THAT, MR. LALOR? JUST...

MR. LALOR: YES. WE'RE LEAVING THE KEY

DETERMINATION OF WHICH MORTGAGE BROKERS ARE COVERED BY THIS LAW, OR

THIS BILL, UP TO THE SUPERINTENDENT. WHY AREN'T WE MAKING THAT

DECISION AS ELECTED REPRESENTATIVES? WHY ARE WE LETTING AN UNELECTED

PERSON MAKE THAT DECISION?

MRS. PEOPLES-STOKES: WE ALLOWED AN

UNELECTED PERSON TO DO THE RESEARCH AND FIND THE VIOLATORS. I DON'T

KNOW IF YOU'VE DONE THE RESEARCH IN YOUR COMMUNITY. DO YOU KNOW

WHO'S VIOLATING REDLINE LAWS, WHO'S EXCLUDING COMMUNITIES BASED ON

THEIR ZIP CODE AS OPPOSED TO THEIR CAPACITY TO PAY? OUR DEPARTMENT OF

FINANCIAL SERVICES HAS DONE THAT RESEARCH AND THEY'VE CONCLUDED THAT

THIS IS A PROBLEM IN THE CITY OF BUFFALO. AND PERHAPS, YOU KNOW, NOT A

PROBLEM IN YOUR COMMUNITY AND I HOPE YOU'RE GRATEFUL FOR THAT BECAUSE

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I CERTAINLY AM. I DON'T THINK IT SHOULD HAPPEN IN ANYBODY'S COMMUNITY.

AND BY THE WAY, I -- I APPRECIATE THE RESEARCH AND THE DETAIL WITH

WHICH THE DEPARTMENT OF FINANCIAL SERVICES LOOKED INTO THE CONSISTENT

MANNER IN WHICH NON-DEPOSITORY ORGANIZATIONS WERE REDLINING AND

DISCRIMINATING PEOPLE IN MY DISTRICT AND OTHER DISTRICTS THROUGHOUT

WESTERN NEW YORK AND MORE SPECIFICALLY THROUGHOUT BUFFALO.

MR. LALOR: I DON'T THINK WE HAVE ANY

DISAGREEMENT ON THE PERNICIOUS PRACTICE OF REDLINING. MY POINT JUST

WAS THE -- THE -- THE MORTGAGE LENDERS WHO ARE COVERED BY THIS, THE

FREQUENCY WITH WHICH THEY MAKE THESE LOANS IS GOING TO DETERMINE IF

THEY'RE COVERED OR NOT AND WE'RE NOT SETTING THAT NUMBER. BUT -- BUT I'LL

MOVE ON TO ANOTHER QUESTION.

MRS. PEOPLES-STOKES: SURE.

MR. LALOR: ARE YOU CONCERNED THAT THIS LEGISLATION

WILL EITHER EXPLICITLY OR IMPLICITLY PRESSURE LENDERS TO MAKE RISKIER

LOANS THE SAME WAY THAT THE -- IT WAS -- IT WAS LEARNED TOO LATE THAT THE

FEDERAL COMMUNITY REINVESTMENT ACT --

MRS. PEOPLES-STOKES: I AM NOT.

MR. LALOR: -- PUSHED LENDERS TO MAKE LOANS THAT

WEREN'T PAID BACK?

MRS. PEOPLES-STOKES: I AM NOT. I BELIEVE THAT

MOST PEOPLE WHO ARE IN BUSINESS ARE IN BUSINESS FOR A RETURN ON THEIR

INVESTMENT. AND SO NO, I DON'T THINK THIS WOULD PRESSURE THEM INTO

MAKING RISKY LOANS.

MR. LALOR: THANK YOU. AND EARLY ON IN THE BILL IN

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NYS ASSEMBLY JUNE 9, 2021

-- IN THE FIRST COUPLE OF LINES, LINE 6, IT TALKS ABOUT WHEN A CHANGE IN

CONTROL OF THE MORTGAGE BANKER IS SOUGHT AND IF -- FOR EXAMPLE, IF WE

HAD A BAD ACTOR, IF WE HAD A MORTGAGE BANKER WHO WAS REDLINING AND

HE WANTED TO CHANGE CONTROL OF THE INSTITUTION, GET SOMEBODY ELSE IN

THERE TO RUN IT, THIS BILL ACTUALLY SLOWS DOWN THE PROCESS OF CHANGING

CONTROL OF THE INSTITUTION POTENTIALLY FROM THE BAD ACTOR TO POTENTIALLY A

GOOD ACTOR. IS THAT A CONCERN?

MRS. PEOPLES-STOKES: THIS BILL IS LOOKING

FORWARD TO ENSURING THAT ALL MORTGAGE LENDERS IN THE STATE OF NEW YORK

ARE GOOD ACTORS.

MR. LALOR: CORRECT. BUT MOST OF THESE PROVISIONS

COME UP WHEN A MORTGAGE BANKING INSTITUTION IS SEEKING TO CHANGE

CONTROL OF THAT INSTITUTION. SO WHEN WE'RE TRYING TO GET RID OF A BAD

ACTOR, ALL OF THESE HURDLES COME UP. AND THEY'RE HURDLES THAT WILL MAKE

IT MORE DIFFICULT TO GET RID OF AND REMOVE A BAD ACTOR. THAT'S --

MRS. PEOPLES-STOKES: THEN THAT'S IN YOUR

ESTIMATION, THAT IS NOT IN THE ESTIMATION OF THE SUPERINTENDENT OF THE

DEPARTMENT OF FINANCIAL SERVICES, NOR IN THE MULTIPLE HOUSING

ORGANIZATIONS THAT OPERATE WITHIN THE CITY OF BUFFALO WHO HAVE, AGAIN,

DID THE RESEARCH AND FOUND THAT THERE ARE SOME OF THESE INSTITUTIONS THAT

ARE BAD ACTORS. AND IF THEY DO NOT WANT TO COMPLY WITH THE

COMMUNITY REINVESTMENT ACT RULES AND REGULATIONS THAT APPLY TO THE

STATE OF NEW YORK, THEN PERHAPS THEY SHOULD TAKE THEIR BAD ACTING

SOMEWHERE ELSE.

MR. LALOR: DO MORTGAGE BANKERS WHO DON'T HOLD

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NYS ASSEMBLY JUNE 9, 2021

DEPOSITS LEND MONEY TO MODERATE- AND LOW-INCOME BORROWERS NOW?

MRS. PEOPLES-STOKES: DO MORTGAGE LENDERS

AND TRADITIONAL BANKS LEND MONEY? YEAH, THEY DO.

MR. LALOR: NO. DO -- DO MORTGAGE BANKERS --

MRS. PEOPLES-STOKES: DO NON-DEPOSITORY

ORGANIZATIONS LEND MONEY? YEAH, THEY DO.

MR. LALOR: DO THEY LEND IT TO MODERATE- AND LOW-

INCOME PEOPLE NOW?

MRS. PEOPLES-STOKES: THEY HAVE BEEN FOUND

GUILTY OF REDLINING IN THE CITY OF BUFFALO.

MR. LALOR: OKAY. BUT DO THEY -- DO THEY LEND --

MRS. PEOPLES-STOKES: SIR, THEY HAVE BEEN

FOUND GUILTY OF REDLINING IN THE CITY OF BUFFALO. I HOPE YOU UNDERSTAND

THE TERMINOLOGY REDLINING. THAT DOESN'T MEAN THERE'S --

MR. LALOR: I CERTAINLY DO -- I CERTAINLY DO --

MRS. PEOPLES-STOKES: THAT MEANS THERE'S A

CERTAIN POPULATION --

ACTING SPEAKER AUBRY: WHOA, WHOA --

MRS. PEOPLES-STOKES: -- CERTAIN POPULATION OF

INCOME WHO ARE NOT ABLE TO GET ACCESS TO LOANS THROUGH THEIR BANKS.

WELL, NOT THEIR BANKS, BUT THEIR MORTGAGE INTERESTS. AND THAT'S NOT A

DECISION BASED ON THE PEOPLE -- WHETHER OR NOT THE PEOPLE CAN PAY,

THAT'S A DECISION BASED ON THE ORGANIZATION DECIDING WHO THEY'RE GOING

TO LOAN TO AND WHO THEY'RE NOT GOING TO LOAN TO.

MR. LALOR: I DON'T THINK WE HAVE ANY

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DISAGREEMENT ON THE PRACTICES OF REDLINING, THE PRACTICE OF REDLINING. I

THINK WE'RE IN AGREEMENT THAT THAT IS WRONG AND WE SHOULD TRY TO CURB

IT.

JUST TWO MORE QUESTIONS. THE COMMUNITY

REINVESTMENT ACT CAME ABOUT BECAUSE THERE WAS THE BELIEF THAT THE

PROFITS OFF OF THE DEPOSITS IN A BANK SHOULD BE REINVESTED BACK INTO THAT

COMMUNITY. BUT HERE WE HAVE MORTGAGE LENDERS WHO DON'T TAKE

DEPOSITS, SO THAT MOTIVATION FOR THE COMMUNITY REINVESTMENT ACT

DOESN'T EXIST. IS IT FAIR TO MAKE THEM FOLLOW THESE RULES IF THEY'RE NOT

PROFITING OFF OF THE LOCAL DEPOSITS?

MRS. PEOPLES-STOKES: WELL, IT'S NOT FAIR TO ASK

TO REINVEST IN A COMMUNITY, BUT IT IS FAIR TO ASK THEM TO INVEST IN A

COMMUNITY AND THAT'S ALL WE'RE ASKING THEM TO DO, IS TO BE CONSIDERATE

IN YOUR INVESTMENT STRATEGIES AND NOT REDLINE BASED ON PEOPLE'S

ETHNICITY OR THEIR ZIP CODE.

MR. LALOR: THANK YOU. NO FURTHER QUESTIONS.

MRS. PEOPLES-STOKES: YOU'RE VERY WELCOME.

THANK YOU.

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

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. LALOR: MY CONCERN IS THAT THIS BILL, WHILE VERY

WELL-INTENTIONED AND WITH A VERY NOBLE GOAL IN MIND, COULD HAVE

UNINTENDED CONSEQUENCES AND COULD MAKE IT MORE DIFFICULT TO GET A

LOAN. IT COULD MAKE IT MORE EXPENSIVE TO GET A LOAN FOR A PERSON WHO'S

EITHER WEALTHY OR OF MODERATE INCOME OR A LOWER-INCOME PERSON WILL

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NYS ASSEMBLY JUNE 9, 2021

HAVE A HARDER TIME GETTING A LOAN BECAUSE IT'LL BE MORE EXPENSIVE. AND

ON THE FLIP SIDE YOU COULD HAVE LENDERS, WHICH WE'VE SEEN IN THE PAST,

LENDING TO PEOPLE BECAUSE OF PRESSURE FROM THIS LEGISLATION TO PEOPLE

WHO MIGHT NOT BE CREDITWORTHY AND MIGHT NOT BE ABLE TO PAY THE LOAN

BACK WHICH CAUSES PROBLEMS FOR THE ENTIRE BANKING SYSTEM AND AS WE

LEARNED 12 OR 13 YEARS AGO, FOR THE ENTIRE ECONOMY.

SO, FOR THOSE REASONS AND OTHERS, I'LL BE VOTING AGAINST

THIS BILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,

WILL YOU YIELD?

MRS. PEOPLES-STOKES: OF COURSE I WILL, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

YIELDS, SIR.

MR. GOODELL: THANK YOU, MAJORITY LEADER.

LOOKING AT THIS LANGUAGE IT SAYS WHEN TAKING ANY ACTION ON AN

APPLICATION BY A MORTGAGE BANKER FOR A CHANGE IN CONTROL, THE -- THE

HEAD OF FINANCIAL SERVICES HAS TO CONSIDER HOW MUCH THEY'VE INVESTED

AND WHETHER THEY'VE INVESTED IN DIFFERENT COMMUNITIES AND ALL THE

FACTORS THAT YOU MENTIONED. AM I CORRECT, THEN, THAT THIS BILL IS ONLY

TRIGGERED BY AN APPLICATION FOR A CHANGE IN CONTROL?

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NYS ASSEMBLY JUNE 9, 2021

MRS. PEOPLES-STOKES: IT -- IT'S ACTUALLY

TRIGGERED BY A PERSON WHO APPLIES BASED ON SOME MARKETING STRATEGY

THAT THEY HEARD AND IT WAS -- THEY GOT DENIED BECAUSE OF WHERE THEY

LIVE, NOT BECAUSE THEY COULDN'T AFFORD TO --

MR. GOODELL: I'M LOOKING AT THE LANGUAGE ON THE

FIRST PAGE. IT SEEMS TO SAY THAT WHEN CONSIDERING APPROVING A CHANGE

IN CONTROL OF A MORTGAGE BANKER, THE SUPERINTENDENT OF FINANCIAL

SERVICES HAS TO CONSIDER ALL THESE FACTORS. LOOKING AT LINES 3 THROUGH

6. SO THIS SOUNDS LIKE WHEN THE -- WHEN THE FINANCIAL SERVICES

DIRECTOR GETS AN APPLICATION FOR A CHANGE IN CONTROL, BEFORE HE

APPROVES THAT CHANGE IN CONTROL HE HAS TO LOOK AT ALL THESE FACTORS. AND

THEN ON THE NEXT PAGE IT SAYS, FOR EXAMPLE, IN PARAGRAPH 3 ON LINE 39,

AN ASSESSMENT OF A MORTGAGE BANKER'S RECORD OF PERFORMANCE MAY BE A

BASIS FOR DENYING AN APPLICATION UNDER THIS SECTION WHICH WOULD BE AN

APPLICATION UNDER CHANGE OF CONTROL. SO AM I CORRECT THAT UNTIL THERE'S

AN APPLICATION FOR A CHANGE IN CONTROL, THERE'S NO ROLE FOR THE

SUPERINTENDENT OF FINANCIAL SERVICES?

MRS. PEOPLES-STOKES: NO, I -- I THINK YOU'RE

NOT EXACTLY CORRECT, BUT THIS IS A MULTIPLE-FACETED PIECE OF LEGISLATION

HERE. AND I DO THINK IT MAKES SENSE FOR THE SUPERINTENDENT TO LOOK AT

SOMEBODY'S RECORD TO DECIDE IF THEY SHOULD STILL HAVE THE ABILITY TO

OFFER MORTGAGES IN THE STATE OF NEW YORK. AND I THINK THIS IS WHAT

THIS OFFERS HIM AN OPPORTUNITY TO DO.

MR. GOODELL: SO, AGAIN, IT'S ALL WRITTEN ABOUT

WHEN TAKING ANY ACTION ON AN APPLICATION FOR A CHANGE IN CONTROL, THEY

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HAVE TO TAKE INTO ACCOUNT ALL THOSE FACTORS. AND SO IF YOU HAD A

MORTGAGE BROKER THAT IS A BAD ACTOR AND THERE'S AN APPLICATION FOR A

CHANGE IN CONTROL, WOULDN'T WE WANT TO ENCOURAGE A CHANGE IN CONTROL

WITH THE HOPES OF GETTING A BETTER ACTOR?

MRS. PEOPLES-STOKES: THAT'S DEBATABLE. I THINK

THAT'S SOMETHING THAT THE SUPERINTENDENT CAN TAKE A LOOK AT. YOU ARE

NOT JUST SURELY JUST LOOKING AT THEIR -- HOW THEY ACT BAD IN THE STATE OF

NEW YORK. HOW ARE THEY ACTING IN OTHER STATES THAT THEY WORK -- LIVE

AND WORK IN? SO I THINK IT'S INCUMBENT UPON THE SUPERINTENDENT,

AGAIN, TO DO THE RESEARCH TO FIND OUT IF THESE ACTORS ARE BAD ENOUGH TO

BE EXCLUDED FROM WORKING IN NEW YORK STATE OR IF THEY'RE -- SHOULD BE

CONSIDERED TO DO WORK IN THE STATE OF NEW YORK BUT THEY SHOULD BE

USED UNDER THE COMMUNITY REINVESTMENT GUIDELINES. THEY SHOULD BE

-- THEY SHOULD HAVE TO FOLLOW THE SAME FORMAT, WITH THE EXCEPTION OF

REINVESTING. BECAUSE AS IT WAS MENTIONED BY YOUR OTHER COLLEAGUE,

THEY MAY NOT HAVE THE RESOURCES TO REINVEST. BUT THEY COULD HAVE AN

OPPORTUNITY TO INVEST AND HELP BUILD COMMUNITIES.

MR. GOODELL: NOW, IF A MORTGAGE BROKER IS NOT

MAKING LOANS TO A CERTAIN CATEGORY OF HOMES, PERHAPS HOMES BELOW A

CERTAIN VALUE OR HAS CERTAIN UNDERWRITING STANDARDS, IF THOSE

UNDERWRITING STANDARDS APPLY WITHOUT DISCRIMINATION, IN OTHER WORDS,

YOU HAVE TO HAVE A CERTAIN CREDIT SCORE, FOR EXAMPLE, IS THAT A -- A

DEFENSE TO A CLAIM OR OBJECTION UNDER THIS? IN OTHER WORDS, IF A

MORTGAGE BROKER SAYS, WE ONLY LEND TO PEOPLE THAT HAVE A CREDIT SCORE

OVER -- YOU PICK A NUMBER -- 600, IS THAT OKAY EVEN IF AS A RESULT OF

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THAT --

MRS. PEOPLES-STOKES: YES, THAT IS ABSOLUTELY

FINE AS LONG AS HE DOESN'T DECIDE THAT, IF YOU HAVE A 600 IN 14208, I'M

NOT GOING TO LEND TO YOU.

MR. GOODELL: OKAY.

MRS. PEOPLES-STOKES: IF YOU HAVE A 600 IN

14222, I WILL LEND TO YOU. THAT'S REDLINING.

MR. GOODELL: AND --

MRS. PEOPLES-STOKES: AND THAT'S NOT

ACCEPTABLE.

MR. GOODELL: AND LIKEWISE, CAN A MORTGAGE

BROKER SAY, WE ONLY LEND TO HOUSES OVER A CERTAIN VALUE? MAYBE, YOU

KNOW, WE ONLY LEND TO BORROWERS WHO ARE BORROWING OVER $100,000,

FOR EXAMPLE. IS THAT ACCEPTABLE?

MRS. PEOPLES-STOKES: WELL, IT DEPENDS ON --

YEAH, I WOULD THINK THAT WOULD BE ACCEPTABLE, BUT THEN AGAIN I THINK

THAT IS A DECISION THAT THE SUPERINTENDENT CAN MAKE BASED ON THAT

MORTGAGE LENDER'S PERFORMANCE HERE IN THE STATE OF NEW YORK AND IN

OTHER PLACES AS WELL.

MR. GOODELL: OKAY. THANK YOU VERY MUCH,

MAJORITY LEADER.

MRS. PEOPLES-STOKES: YOU'RE VERY WELCOME.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

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MR. GOODELL: I -- I SHARE THE CONCERN OF THE

MAJORITY LEADER ABOUT THE REDLINING. AND IN ITS TRADITIONAL SENSE

REDLINING INVOLVES, AS THE MAJORITY LEADER MENTIONED, REFUSING TO

MAKE LOANS IN A CERTAIN GEOGRAPHIC AREA. AND TYPICALLY IT MIGHT BE

IDENTIFIED BY A ZIP CODE OR -- OR BY BLOCKS, AND IT WAS USED IN THE PAST

TO EXCLUDE LENDING TO BLACK AND MINORITY COMMUNITIES, AS AN EXAMPLE.

AND -- AND THAT'S BEEN OUTLAWED VERY CLEARLY IN BOTH STATE LAW AND

FEDERAL LAW AS A FORM OF IMPLICIT DISCRIMINATION. SOMETIMES EXPLICIT

DISCRIMINATION. BUT THERE'S ANOTHER MORE INSIDIOUS ASPECT OF MORTGAGE

LENDING, AND THAT IS A MORTGAGE BROKER CAN TAKE WHAT APPEARS TO BE AN

ENTIRELY OBJECTIVE STANDARD AND APPLY IT TO THEIR UNDERWRITING. SO THEY

CAN SAY, FOR EXAMPLE, YOU HAVE TO HAVE A CREDIT SCORE OVER 600 OR 650

OR 700. WELL, THEN THEY CAN SAY, AND WE ONLY LEND TO HOUSES THAT ARE

VALUED OVER $100,000 OR OVER A QUARTER-OF-A-MILLION OR SOME NUMBER.

AND THERE ARE LEGITIMATE BUSINESS REASONS, OF COURSE, THAT THE MORTGAGE

BROKERS LOOK TO. THEY SAY, HEY, WE KNOW IN NEW YORK STATE THAT IT

TAKES THREE YEARS TO DO A MORTGAGE FORECLOSURE. WE KNOW THAT DURING

THE PROCESS OF THAT THREE-YEAR PERIOD WE'RE GOING TO HAVE TO MAINTAIN

THE PROPERTY. WE KNOW THAT WE INCUR ALL THESE EXPENSES IN THE EVENT OF

A FORECLOSURE, AND SO WE'RE ONLY GOING TO LEND TO PEOPLE WITH HIGH

CREDIT SCORES BECAUSE WE CAN'T AFFORD A THREE-YEAR FORECLOSURE PROCESS

AND ALL THE EXPENSES THAT ARE INVOLVED IN NEW YORK STATE. THE

PROBLEM IS WHEN THEY SET THE CREDIT SCORE AT 650 OR 700, IT EXCLUDES A

WHOLE BUNCH OF PEOPLE. AND THEN THE MORTGAGE BROKER SAYS, WELL, WE

HAVE A LOT OF TRANSACTION COSTS INVOLVED IN MAKING A MORTGAGE, AND WE

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HAVE RUN A TITLE SEARCH AND WE HAVE OUR LAWYERS LOOK AT IT, WE HAVE TO

PREPARE ALL THE PAPERWORK AND ALL THIS OVERHEAD. AND WE DON'T CHARGE

FEES UP FRONT BECAUSE THAT'S PART OF OUR MARKETING PLAN. YOU KNOW, IF

YOU LOOK AT ALL THESE INTERNET MORTGAGE COMPANIES -- ROCKET MORTGAGE

OR WHATEVER, QUICKEN LOANS -- YOU KNOW, IT'S LIKE, HEY, WE'LL TELL YOU

WITHIN A DAY. BUT IN ORDER TO COVER ALL THAT OVERHEAD THEY CAN SAY,

WELL, WE ONLY LEND TO HOUSES THAT ARE OVER A CERTAIN VALUE, $100,000 A

QUARTER MILLION, WHATEVER. AND THE EFFECT OF THAT IS TO EXCLUDE WHOLE

SECTIONS OF A CITY WHERE THE AVERAGE HOUSE VALUE IS BELOW THAT LEVEL OR

WHERE THE AVERAGE CREDIT RATING IS BELOW THAT LEVEL. SO IT'S A VERY

DIFFICULT ISSUE TO GET AT. THERE'S LEGITIMATE BUSINESS REASONS THAT WE ALL

UNDERSTAND, AND YET IT CAN HAVE A VERY INSIDIOUS IMPACT ON A

COMMUNITY. AND I THINK THAT'S EXACTLY WHAT THE MAJORITY LEADER IS

HOPING TO ELIMINATE OR ADDRESS. NOW WITH REGULAR COMMUNITY BANKS

WE HAD THE COMMUNITY REINVESTMENT ACT, AND AS MY COLLEAGUE

MENTIONED, HIS THOUGHT WAS IF YOU'RE GETTING DEPOSITS FROM THAT

COMMUNITY YOU'VE GOT TO REINVESTMENT IN THAT COMMUNITY. BUT

MORTGAGE BROKERS DON'T GET DEPOSITS FROM THE COMMUNITY. THEY RAISE

THEIR MONEY ELSEWHERE, WHETHER IT'S A HEDGE FUND OR WHETHER IT'S

INVESTORS. THEY DON'T GET IT FROM THE COMMUNITY, SO THEY DON'T HAVE

THAT SAME KIND OF CONNECTION. THIS BILL, BY ITS TERMS, KICKS IN WHEN A

MORTGAGE BROKER APPLIES FOR A CHANGE IN CONTROL. AND THAT PUTS THIS IN

KIND OF A STRANGE DILEMMA BECAUSE IF YOU HAVE A BAD ACTOR, YOU MIGHT

BE HOPING FOR A CHANGE IN CONTROL. AND YOU'RE HOPING THAT THE NEW

OWNER WILL BE MORE COMMUNITY-MINDED, WILL HAVE MORE GENEROUS

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CREDIT STANDARDS OR A LOWER LENDING LIMIT.

SO WHILE I CERTAINLY APPRECIATE THE EFFORT TO AVOID

REDLINING -- AND OF COURSE ANY EXPLICIT REDLINING ALREADY VIOLATES STATE

AND FEDERAL LAW -- WE HAVE CONCERNS OVER THIS LANGUAGE BECAUSE IT'S

TRIGGERED BY AN APPLICATION FOR A CHANGE IN CONTROL. AND I'D LOVE TO

WORK WITH THE MAJORITY LEADER TO SEE IF WE CAN'T -- MIGHT -- MIGHT HAVE

A BROADER APPLICATION THAT APPLIES WHEN YOU'RE APPLYING FOR A LICENSE OR

A LICENSE RENEWAL WITHOUT A CHANGE IN CONTROL.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 6247-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.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 6247-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

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NYS ASSEMBLY JUNE 9, 2021

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WHILE THE

REPUBLICAN CONFERENCE CERTAINLY SHARES CONCERNS ABOUT REDLINING, WE

ALSO HAVE CONCERNS IN THE LANGUAGE OF THIS BILL AND, THEREFORE, WE WILL

GENERALLY BE OPPOSED, BUT THOSE WHO SUPPORT IT SHOULD CERTAINLY CALL

THE MINORITY LEADER'S OFFICE AND ADVISE THEM SO WE CAN PROPERLY

RECORD THEIR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF A

PIECE OF LEGISLATION LIKE THIS; HOWEVER, SHOULD THERE BE COLLEAGUES WHO

DESIRE TO BE AN EXCEPTION, THEY SHOULD FEEL FREE TO CONTACT THE MINORITY

-- MAJORITY LEADER'S OFFICE AND WE WILL BE HAPPY TO RECORD THEIR VOTE.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. SOMETIMES WE

SEEM TO HAVE A DISCONNECT BETWEEN WHAT WE DO ONE DAY AND WHAT WE

DO THE NEXT DAY. SO WHEN WE PASS LEGISLATION THAT GRANTS AN EXEMPTION

TO ANY MORTGAGE FORECLOSURES FOR A YEAR-AND-A-HALF, IT DRAMATICALLY

INCREASES THE COST TO BANKS THAT ARE FACING BORROWERS WHO AREN'T

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PAYING. AND WHEN WE TURN AROUND AND SAY IT TAKES THREE YEARS UNDER

NORMAL CIRCUMSTANCES TO DO FORECLOSURES, THAT INCREASES THE COST TO

BANKS TO MAKE LOANS TO PEOPLE WHO MIGHT NOT PAY. AND WHEN WE SAY

THAT DURING THAT THREE-YEAR PERIOD, YOU HAVE TO, YOU, THE BANK, HAVE TO

MAINTAIN SOMEBODY ELSE'S PROPERTY EVEN BEFORE YOU OWN IT, THAT

DRAMATICALLY INCREASES THE COST TO THE BANK OF A FORECLOSURE.

AND SO EVERY TIME WE INCREASE THE COST TO BANKS IN

THE EVENT OF A FORECLOSURE, THE BANKS TIGHTEN THEIR CREDIT RATINGS, AND

THEY TIGHTEN THEIR UNDERWRITING STANDARDS. AND THEY DO THEIR ABSOLUTE

BEST TO MAKE SURE THEY'RE NOT LENDING TO SOMEBODY WHO MIGHT GO ON TO

FORECLOSURE, BECAUSE THEY LOSE THEIR SHIRT WHEN SOMEBODY GOES INTO

FORECLOSURE BECAUSE THE LAWS AND RULES THAT WE HERE IN THIS LEGISLATURE

HAVE IMPLEMENTED. WHEN I FIRST STARTED PRACTICING, MORTGAGE

FORECLOSURE WOULD TAKE A FEW MONTHS, AND AT THE END OF THE FORECLOSURE

SALE, IF THE BID ON THE PROPERTY EXCEEDED WHAT WAS OWED THE BANK, THE

OWNERS GOT A CHECK, THEY GOT THE EXCESS. BUT AFTER THREE YEARS OF

DEFAULTS WITH ALL THE LATE FEES AND CHARGES AND MAINTENANCE, THERE'S NO

OWNERS IN THIS STATE THAT HAVE ANY EQUITY LEFT, IT'S ALL CHEWED UP.

WE NEED TO TAKE A FRESH LOOK, AND WHEN WE DO, WE

WILL OPEN UP AND WE WILL FREE BANKS TO MAKE MORE LOANS TO LOWER

INCOME PEOPLE TO ADDRESS THE UNDERLYING PROBLEM. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I REALLY WANT TO HONOR

MY COLLEAGUES FOR THEIR INSIGHTFUL QUESTIONS AS IT RELATES TO THE VALUE OF

WHY YOU WANT TO ELIMINATE REDLINING, AND I RESPECT THEIR THOUGHT

PROCESS THAT REDLINING SHOULD BE ELIMINATED. BUT THE FACT OF THE MATTER

OF IS IS THAT THE DEPARTMENT OF FINANCIAL SERVICES LITERALLY FOUND NOT

ONE, NOT TWO, BUT THREE NON-DEPOSITING INSTITUTIONS WORKING IN AND

AROUND THE AREA OF BUFFALO, NEW YORK WHERE THEY WOULD NOT LEND, THEY

WOULD NOT EVEN TALK TO MINORITY AND LOW-INCOME COMMUNITIES WHERE

PEOPLE CAN'T AFFORD TO BUY HOMES.

AND SO THIS IS AN ISSUE THAT IS REAL. PEOPLE LIVE IT

EVERY DAY. AND IF WE HAVE AN AGENCY WITHIN OUR STATE WHO IS OFFERING

AN OPPORTUNITY TO TRY TO REMEDY THAT, I SUGGEST WE LET THEM AND THAT WE

WORK WITH THEM. AND SO YOU KNOW, WHILE I APPRECIATE THE

CONVERSATION, AT SOME POINT WE NEED TO GET TO A REAL SOLUTION AND I

THINK THIS IS A START TOWARDS WORKING TOWARDS THAT. AND I WANT TO ASK

EVERYONE TO RECONSIDER THEIR VOTE AND PLEASE VOTE IN THE AFFIRMATIVE --

AN AFFIRMATION ON SOMETHING THAT WILL MAKE A DIFFERENCE IN PEOPLE'S

LIVES. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 15, RULES REPORT NO. 421, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02543, RULES REPORT

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NYS ASSEMBLY JUNE 9, 2021

NO. 421, WEINSTEIN. AN ACT TO AMEND THE STATE FINANCE LAW, IN

RELATION TO THE LIABILITY OF A PERSON WHO PRESENTS FALSE CLAIMS FOR

MONEY OR PROPERTY TO THE STATE OR A LOCAL GOVERNMENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. AN EXPLANATION IS REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: YES. THIS IS ACTUALLY A VERY

SIMPLE BILL. THE FALSE CLAIMS ACT ON THE FEDERAL LEVEL HAS BEEN

EXTRAORDINARILY SUCCESSFUL IN RETURNING MONIES TO THE FEDERAL TREASURY.

SO THIS MOTIVATED NEW YORK STATE TO ENACT SIMILAR LEGISLATION JUST OVER

TEN YEARS AGO, BUT WE DID THE FEDERAL STATUTE ONE -- ONE BETTER, WE

ADDED A PROVISION FOR FALSE TAX CLAIMS OVER CERTAIN DOLLAR THRESHOLDS,

$1 MILLION IN INCOME AND $350,000 OF DEFRAUDING THE STATE OF TAX

DOLLARS. BUT THERE WAS A LOOPHOLE WHICH WE COULD NOT AVOID BECAUSE

IN NEGOTIATIONS, AND IT'S BEEN EXPLOITED OVER THESE YEARS. SO BECAUSE OF

THIS LOOPHOLE, INDIVIDUALS IN BUSINESSES ARE LIABLE UNDER THE NEW YORK

FALSE CLAIMS ACT FOR KNOWINGLY FILING FALSE TAX RETURNS, BUT TAX CHEATS

ARE NOT LIABLE FOR KNOWING AND ILLEGALLY FAILING TO FILE ANY TAX RETURNS AT

ALL. AND OUR EXISTING -- DESPITE THIS LOOPHOLE OVER THESE PAST TEN YEARS,

WE -- NEW YORK STATE HAS COLLECTED UNDER THE FALSE CLAIMS ACT, $582

MILLION OF MONEY THAT WE WERE DEFRAUDED IN TAXES. JUST TWO MONTHS

AGO, THE ATTORNEY GENERAL COLLECTED $105 MILLION IN TAXES THAT WE HAD

BEEN DEFRAUDED OF AND BY ADOPTING THIS PROVISION AND CLOSING THE

LOOPHOLE, WE WILL BE ABLE TO GO AFTER -- THE ATTORNEY GENERAL WILL BE

ABLE TO GO AFTER CORPORATIONS NOT -- WHO ARE NOT DOMICILE HERE IN NEW

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NYS ASSEMBLY JUNE 9, 2021

YORK STATE WHO FAILED TO FILE A TAX RETURN DESPITE DOING MILLIONS OF

DOLLARS OF BUSINESS HERE, OR WEALTHY INDIVIDUALS WHO EARN MONEY IN

NEW YORK AND CLAIM THAT THEY'VE EARNED IT SOMEWHERE ELSE AND DON'T

FILE A NEW YORK STATE TAX RETURN.

WITH THAT, MR. RA, I'LL BE HAPPY TO ANSWER ANY

QUESTIONS.

ACTING SPEAKER AUBRY: MR. RA.

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

YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS. MS. WEINSTEIN YIELDS.

MR. RA: THANK YOU VERY MUCH. I COULDN'T, YOU

KNOW, LET THE YEAR GO OUT, CHAIR WEINSTEIN, WITH HAVING ONE LAST

DISCUSSION WITH YOU ON THE FLOOR.

MS. WEINSTEIN: THERE MAY BE OPPORTUNITIES

TOMORROW, LET'S SEE.

MR. RA: YES, THERE MAY BE. OKAY. WELL -- SO I JUST

HAVE A COUPLE OF QUESTIONS AND REALLY, IN PARTICULAR, WITH SOME OF THE

ISSUES THAT WERE RAISED AND YOU MIGHT BE FAMILIAR WITH THE OPPOSITION

MEMO THAT WAS PUT FORTH BY THE NEW YORK CITY BAR. AND, YOU KNOW,

ONE OF THE THINGS THEY TALKED ABOUT WAS HOW -- HOW THIS WOULD RELATE

TO, YOU KNOW, USING THIS FAIR [SIC] CLAIMS ACT IN TAX MATTERS AND

POTENTIAL CONFLICT WITH THE POSITIONS AND -- AND ENFORCEMENT ACTIONS

TAKEN WITHIN THE TAX DEPARTMENT WHO, YOU KNOW, WHO ARE WORKING TO

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RESOLVE THOSE MATTERS. CAN YOU ADDRESS THAT -- THAT CRITICISM OR HOW

YOU FEEL THIS -- THIS BILL WOULD NOT CAUSE CONFLICT?

MS. WEINSTEIN: WELL, IT HASN'T CAUSED CONFLICT IN

BETWEEN -- UP 'TIL NOW. THE ATTORNEY GENERAL DOES WORK WITH OUR TAX

DEPARTMENT CURRENTLY IN EXAMINING FALSE CLAIMS, AND THERE HAVE NOT --

IN THE TEN YEARS THE STATUTE HAS EXISTED, THERE HAVE NOT BEEN ANY

PROBLEMS ALREADY. SO WE DON'T ANTICIPATE, BY CLOSING THIS LOOPHOLE,

WILL ADD ANY -- ANY ADDITIONAL PROBLEMS.

MR. RA: OKAY. AND YOU MENTIONED, YOU KNOW, THE

KNOWING, YOU KNOW, FILING OF A TAX CLAIM. AND MY UNDERSTANDING IS

THIS DOES REMOVE SOME OF THE REQUIREMENT THAT SOMETHING BE

KNOWINGLY BE ABLE TO BE PURSUED UNDER THE FAIR [SIC] CLAIMS ACT?

MS. WEINSTEIN: I DON'T BELIEVE IT -- I DON'T BELIEVE

IT DOES. I BELIEVE YOU STILL HAVE TO --

MR. RA: OKAY. AND I'M SORRY, YOU KNOW WHAT? I'M

CORRECT, I'M READING THE PART OF THE MEMO THAT TALKS ABOUT A DIFFERENT

BILL, I BELIEVE. SO I GUESS MY LAST QUESTION - SO SORRY ABOUT THAT - MY

LAST QUESTION THEN IS JUST IN TERMS OF, YOU KNOW, WE KNOW WITH REGARD

TO TAX MATTERS, SOMETIMES, YOU KNOW, THERE'S AN HONEST ERROR MADE AND

I KNOW THEY KNOWINGLY (INAUDIBLE) TAKES CARE OF THAT, YOU KNOW, SO IT'S

NOT ALWAYS SUCH A BLACK AND WHITE ISSUE AS TO WHETHER SOMEBODY HAS

VIOLATED THINGS, BUT WE DO HAVE, YOU KNOW, FAIRLY STRINGENT PENALTIES

FOR LATE FILINGS, LATE PAYMENT OF TAXES TO THE DEPARTMENT, I BELIEVE IT'S 5

PERCENT FOR MONTH -- PER MONTH UP TO 25 PERCENT FOR LATE FILINGS, LATE

PAYMENT; AS WELL, IT CAN BE UP TO -- UP TO 25 PERCENT. BUT THIS ALLOWS

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NYS ASSEMBLY JUNE 9, 2021

FOR, I BELIEVE, TREBLE DAMAGES, CORRECT?

MS. WEINSTEIN: YES, BECAUSE IT'S UNDER THE FALSE

CLAIM ACT AND OFTEN, WE -- THE STATE, THE ATTORNEY, THE TAX

DEPARTMENT, THE ATTORNEY GENERAL ARE NOT ABLE ON THEIR OWN TO UNCOVER

THE FRAUD AND WE RELY ON, VERY OFTEN, THE FALSE CLAIMS ACT BOTH HERE

AND NATIONALLY RELIES ON WHISTLEBLOWERS TO BRING -- WHO ARE INSIDERS

WHO CAN SEE WHAT FRAUD IS -- WHAT FRAUD IS HAPPENING AND KNOW ABOUT

IT AND BRING IT TO THE ATTENTION. SO THERE -- THERE IS THAT ADDED -- THERE IS

THAT ADDED PENALTY, CORRECT, FOR KNOWINGLY DEFRAUDING THE -- THE STATE.

MR. RA: OKAY. THANK YOU VERY MUCH, CHAIR

WEINSTEIN.

MS. WEINSTEIN: SURE.

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

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

MR. RA: YOU KNOW, JUST QUICKLY. AS THE SPONSOR

NOTED, YOU KNOW, THIS WAS EXTENDED TO TAX SITUATIONS SOME YEARS AGO.

THERE ARE SOME SITUATIONS THAT THIS IS TRYING TO ALSO BRING UNDER THE

PURVIEW OF THE FAIR [SIC] CLAIMS ACT, BUT THERE ARE ALSO, I MEAN, REALLY

STRINGENT PENALTIES THAT WE ALREADY HAVE UNDER OUR LAW WHEN OUR TAX

ENFORCEMENT AGENCIES ARE DEALING WITH ONE OF THESE SITUATIONS. AND

CERTAINLY, YOU KNOW, GETTING UP TO 25 PERCENT IN PENALTIES IS NO SMALL

THING FOR -- FOR SOMEBODY TO DEAL WITH. AND CERTAINLY, THERE ARE

SITUATIONS WHERE THERE NEEDS TO BE A, YOU KNOW, DISCUSSION AND COMING

TO AN AGREEMENT BETWEEN AN ENTITY AND THE TAX DEPARTMENT TO FIGURE

OUT SOME -- SOMEWHAT HONEST DISAGREEMENTS REGARDING TAX LAW

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WHICH, AS I SAID, IS NOT ALWAYS QUITE SO CLEAR.

SO I -- I THANK THE SPONSOR FOR -- FOR ANSWERING MY

QUESTIONS, BUT THERE -- THERE ARE SOME HONEST CONCERNS RAISED WHEN

WE'RE FURTHER EXPANDING FAIR [SIC] CLAIMS ACT INTO MATTERS OF TAX

ADMINISTRATION WHEN WE ALREADY HAVE THE DEPARTMENT OF TAXATION AND

FINANCE THAT HAS THAT EXISTING AUTHORITY TO ENFORCE THESE ACTIONS.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4730. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED TO THIS FOR THE REASONS

ARTICULATED BY MY COLLEAGUE. THOSE WHO WOULD LIKE TO SUPPORT IT,

PLEASE CALL THE MINORITY LEADER'S OFFICE AND WE WILL RECORD YOUR VOTE.

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, OUR

COLLEAGUES ARE GENERALLY GOING TO BE IN FAVOR OF THIS PIECE OF

LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD LIKE TO BE AN

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

OFFICE AND THEIR VOTE WILL BE PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU BOTH.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

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

VOTES ON THE FLOOR, PLEASE RECORD MY COLLEAGUES MR. MONTESANO AND

MR. MORINELLO IN THE AFFIRMATIVE ON THIS LEGISLATION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 15, RULES REPORT NO. 424, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00672, RULES REPORT NO.

424, SENATOR SANDERS (HEVESI, ENGLEBRIGHT, BARRON--A03186). AN ACT

TO AMEND THE SOCIAL SERVICES LAW AND THE CIVIL PRACTICE LAW AND

RULES, IN RELATION TO A CIVIL CAUSE OF ACTION FOR HUMAN TRAFFICKING.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS BILL DOES TWO THINGS: FIRST, IT

CREATES A CAUSE OF ACTION BY AN INDIVIDUAL WHO IS A VICTIM OF AN OFFENSE

RELATING TO COMPELLED PROSTITUTION, SEX TRAFFICKING, OR LABOR TRAFFICKING.

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AND SO THIS WOULD AUTHORIZE A PROSTITUTE, FOR EXAMPLE, TO THEN TURN

AROUND AND SUE HER PIMP OR ANYONE ELSE THAT WAS INVOLVED. AND IN

GENERAL, I THINK THAT'S A GREAT IDEA TO AUTHORIZE SUCH A LAWSUIT BECAUSE IT

DEALS DIRECTLY WITH THE FINANCIAL INCENTIVES THAT DRIVE MUCH OF THIS

INDUSTRY. AND SO THAT ASPECT OF THE BILL HAS MY FULL SUPPORT.

BUT THERE'S ANOTHER ASPECT OF THE BILL THAT'S VERY

TROUBLING, AND THAT IS IT PROVIDES A 15-YEAR STATUTE OF LIMITATIONS. AND A

LOT OF TIMES WHEN WE'RE DEALING WITH SOMETHING THAT WE FIND

REPREHENSIBLE, WE WANT TO HAVE A LONG STATUTE OF LIMITATIONS, BUT THE

PROBLEM -- THERE'S MULTIPLE PROBLEMS WITH A LONG STATUTE OF LIMITATIONS.

UNDER CURRENT LAW, WE HAVE A SHORT STATUTE OF LIMITATIONS, ONE YEAR, FOR

INTENTIONAL TORTS, THAT'D BE LIKE AN ASSAULT OR BATTERY. WE HAVE A

TWO-AND-A-HALF YEAR STATUTE OF LIMITATIONS FOR MED -- MEDICAL

MALPRACTICE. WE HAVE A THREE-YEAR STATUTE OF LIMITATIONS FOR

NEGLIGENCE. AFTER THAT, THE STATUTE OF LIMITATIONS ARE LIMITED TO

SITUATIONS WHERE THERE'S A WRITTEN DOCUMENT. SO IT'S SIX YEARS FOR A

WRITTEN CONTRACT, TEN YEARS FOR A WRITTEN MORTGAGE, OR 20 YEARS FOR A REAL

ESTATE TRANSACTION. AND THE REASON WE HAVE THOSE LONG STATUTE OF

LIMITATIONS LIMITED TO WRITTEN DOCUMENTATION IS BECAUSE WE RECOGNIZE

THAT PEOPLE'S MEMORIES CHANGE OVER TIME. THEY DON'T JUST FADE.

PSYCHOLOGISTS HAVE PUBLISHED MULTIPLE REPORTS SHOWING THAT PEOPLE'S

MEMORIES ACTUALLY CHANGE OVER TIME. AND SO IF YOU ARE ASKED RIGHT

AFTER 9/11, WHAT WERE YOU DOING WHEN YOU FIRST SAW IT, YOU WOULD BE

ABLE TO GIVE GREAT DETAIL, AND THEY DID THAT. THEY TOOK A GROUP OF

PEOPLE AND THEY ASKED THEM AND THEY WROTE IT DOWN. AND THEN THEY

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ASKED THEM AGAIN A YEAR LATER AND AGAIN THREE YEARS LATER, AND IT WAS

ASTOUNDING THE PERCENTAGE OF PEOPLE WHOSE STORIES CHANGED, NOT

BECAUSE THEY WERE LIARS OR SUFFERING FROM DEMENTIA, IT'S JUST THE WAY

OUR BRAINS WORK.

SO WHEN YOU'RE DEALING WITH AN INTENTIONAL TORT WHERE

THERE'S NO WRITTEN DOCUMENTATION, IN ORDER TO MAKE SURE THAT OUR JUSTICE

SYSTEM WORKS, WE WANT A FAIRLY SHORT STATUTE OF LIMITATIONS. AND

THERE'S A SECOND REASON WHY WE WANT A STATUTE OF LIMITATIONS THAT'S

FAIRLY SHORT, BECAUSE WE WANT TO ENCOURAGE THE PEOPLE WHO ARE THE

VICTIMS TO COME FORWARD AS QUICKLY AS POSSIBLE TO STOP THE CYCLE OF

ABUSE. SO THINK ABOUT THIS. LET'S SAY YOU'RE A VICTIM OF PROSTITUTION OR

-- OR CHILD TRAFFICKING AND YOU'RE 20 YEARS OLD. THIS BILL ALLOWS YOU TO

WAIT UNTIL YOU'RE 35 BEFORE YOU BRING THE LAWSUIT. BY THEN, THERE'S 15

YEARS OF OTHER PEOPLE WHO HAVE BEEN HURT IN THAT CYCLE. NOW, THOSE

WHO ARGUE FOR A LONGER STATUTE OF LIMITATIONS WILL POINT OUT THAT

SOMETIMES WHEN YOU'RE INVOLVED IN A TRAUMATIC INCIDENT, LIKE SEX

ABUSE, IT'S VERY HARD FOR SURVIVORS TO STEP FORWARD. BUT RATHER THAN GIVE

AN EXTENSIVE STATUTE OF LIMITATIONS, A BETTER APPROACH IS TO SUPPORT THEM

AND HELP THEM COME FORWARD SO WE CAN STOP THAT CYCLE.

AND SO I'D LOVE TO SUPPORT THIS LEGISLATION AND, INDEED,

I WOULD IF THE STATUTE OF LIMITATIONS WERE MORE IN LINE WITH WHAT

HUNDREDS OF YEARS OF EXPERIENCE HAVE INDICATED IS APPROPRIATE WHEN

WE'RE DEALING WITH PEOPLE'S MEMORIES AND NOT WRITTEN DOCUMENTATION.

AND SO FOR THAT REASON, I HOPE MY COLLEAGUE WILL CONSIDER AN

AMENDMENT IF THIS DOESN'T BECOME LAW AND ADDRESS THAT STATUTE OF

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LIMITATIONS ISSUE SO WE CAN ALL FEEL COMFORTABLE SUPPORTING IT. IN THE

MEANTIME, I WILL BE OPPOSING IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 672. 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 CERTAINLY CONTACT THE MINORITY LEADER'S OFFICE AND WE

WILL MAKE SURE WE RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. OUR MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS

LEGISLATION; HOWEVER, THERE MAY BE A FEW OF OUR COLLEAGUES WHO WOULD

LIKE TO BE AN EXCEPTION. IF SO THEY SHOULD PLEASE CONTACT THE MAJORITY

LEADER'S OFFICE AND THEIR VOTE WILL BE PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

(THE CLERK RECORDED THE VOTE.)

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ACTING SPEAKER KELLES: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

PLEASE RECORD MY COLLEAGUES MR. BYRNES [SIC], MR. GANDOLFO, MS.

MILLER, MR. MORINELLO, MR. RA, AND MR. SCHMITT IN THE AFFIRMATIVE.

ACTING SPEAKER KELLES: THANK YOU, MR.

GOODELL.

MR. GOODELL: ALSO PLEASE RECORD MR. BROWN AND

MS. GIGLIO IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER KELLES: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NOW TO PAGE 15, RULES REPORT NO. 425, THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A03241, RULES REPORT

NO. 425, MCDONALD, GOTTFRIED, THEILE, EPSTEIN, FAHY, BARRON, CRUZ.

AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN

RELATION TO SPECIAL PROCEEDINGS BY TENANTS OF DWELLINGS OUTSIDE THE CITY

OF NEW YORK AND CERTAIN COUNTIES FOR JUDGMENT DIRECTING DEPOSITS OF

RENTS AND THE USE THEREOF FOR THE PURPOSE OF REMEDYING CONDITIONS

DANGEROUS TO LIFE, HEALTH OR SAFETY.

ACTING SPEAKER KELLES: MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER KELLES: DOES THE SPONSOR

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YIELD?

MR. MCDONALD: I'D BE HAPPY TO YIELD, MADAM

SPEAKER.

ACTING SPEAKER KELLES: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. MCDONALD. JUST

SO OUR COLLEAGUES KNOW WHAT WE'RE TALKING A LITTLE BIT ABOUT, THE

FUNDAMENTAL ASPECT OF THIS BILL IS TO ALLOW TENANTS TO BRING A SPECIAL

PROCEEDING FOR THE APPOINTMENT OF A RECEIVER TO TAKE OVER AN APARTMENT

BUILDING OR AN APARTMENT COMPLEX, COLLECT THE RENTS AND USE THOSE RENTS

TO MAKE REPAIRS, CORRECT?

MR. MCDONALD: IN SUMMATION, THAT'S CORRECT. IT

DOESN'T HAVE TO JUST BE THE TENANTS THOUGH. IT COULD BE THE

MUNICIPALITY, AS WELL, BUT --

MR. GOODELL: OKAY.

MR. MCDONALD: -- YOU'RE ON THE RIGHT TRACK. AND

AS YOU KNOW, THIS BILL BASICALLY IS AN EXPANSION OF WHAT'S ALREADY BEEN

IN EXISTENCE IN LAW IN NEW YORK CITY, NASSAU, SUFFOLK, ROCKLAND AND

WESTCHESTER COUNTY IN ARTICLE 7-A. SO 7-C JUST TAKES WHAT'S BEEN IN

EXISTENCE FOR SEVERAL DECADES AND NOW PLACES IT IN ITS OWN CHAPTER OF

7-C.

MR. GOODELL: I ALWAYS AM REASSURED WHEN --

WHEN THE SPONSOR TELLS ME I'M ON THE RIGHT TRACK BECAUSE THAT MEANS

I'VE GOT THE RIGHT BILL IN FRONT OF ME.

MR. MCDONALD: WE'RE GOING IN THE RIGHT

DIRECTION, ABSOLUTELY.

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MR. GOODELL: SO IF THE TENANTS INITIATE THE SPECIAL

PROCEEDING, CAN THE LANDLORD BRING A COUNTERCLAIM AGAINST THOSE

TENANTS THAT ARE DELINQUENT IN THEIR RENT?

MR. MCDONALD: YES, THE LANDLORD CAN. THIS IS A

VERY EQUAL AND FAIR PROCESS.

MR. GOODELL: NOW, ONE OF THE GROUNDS ON WHICH

YOU COULD -- A TENANT OR A GROUP OF TENANTS COULD ASK FOR THE

APPOINTMENT OF RECEIVER IS A LACK OF HEAT, ELECTRICITY, SEWAGE; BASICALLY

A LACK OF UTILITIES. IS IT A DEFENSE BY THE LANDLORD TO SAY THE REASON WE

DON'T HAVE ALL THESE UTILITIES IS BECAUSE THE TENANTS HAVEN'T PAID THE

RENT?

MR. MCDONALD: WELL, NO, NO. THE DEFENSE

WOULD BE ALONG THE -- IF, FOR EXAMPLE, THERE'S NO RUNNING WATER --

MR. GOODELL: RIGHT, THAT'S A UTILITY.

MR. MCDONALD: THAT'S A UTILITY.

MR. GOODELL: CAN THE LANDLORD SAY THE REASON WE

DON'T HAVE PUBLIC UTILITIES IS BECAUSE THE TENANTS HAVEN'T PAID THE RENT?

MR. MCDONALD: NO. I THINK THE REALITY IS IF THE

PUBLIC UTILITIES AREN'T THERE AND THEY'RE ENDANGERING THE WELFARE OR

HEALTH OF THE INDIVIDUALS, THE LANDLORD HAS THE RESPONSIBILITY TO REMEDY

THAT.

MR. GOODELL: SO THE LANDLORD IS OBLIGATED TO PAY

THE UTILITIES EVEN IF THE TENANTS AREN'T PAYING THE RENT; IS THAT YOUR

POSITION?

MR. MCDONALD: WELL, ONCE AGAIN, IT DEPENDS ON

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THE LEASE ARRANGEMENT. I DON'T KNOW THE EXACT ARRANGEMENTS THAT YOU'RE

TALKING ABOUT. SOMETIMES HEAT AND LIGHT AND WATER AND SEWER ARE ALL

INCLUDED IN THE RENT, SOMETIMES IT'S SEPARATE AND APART. BUT I THINK

YOUR POINT IS IF IT'S THE RESPONS -- WELL, MAKE YOUR POINT, I DON'T NEED TO

MAKE IT FOR YOU.

MR. GOODELL: SO ON PAGE 4, I'M LOOKING AT

SECTION 796-G, IT'S ON LINE 43, IT STARTS LISTING DEFENSES. AND ONE OF THE

DEFENSES IS THAT THE CONDITION OR CONDITIONS HAVE BEEN CAUSED BY THE

TENANTS THEMSELVES. AND, OF COURSE, THAT COULD BE DAMAGE TO THE

BUILDING, BUT COULDN'T IT ALSO BE A CONDITION CAUSED BY THE TENANT'S LACK

OF PAYMENT? SO FOR EXAMPLE, IF THERE'S A MASTER METER AND THE TENANTS

AREN'T PAYING THE UTILITIES, THE REASON THEY DON'T -- THE UTILITIES WERE SHUT

OFF MAY BE BECAUSE THE TENANTS WEREN'T PAYING, SO THAT WOULD BE A

LEGITIMATE DEFENSE UNDER THIS BILL, RIGHT?

MR. MCDONALD: YES, YES.

MR. GOODELL: NOW ASSUMING THAT THE COURT GOES

AHEAD AND APPOINTS A RECEIVER TO COLLECT ALL THE RENTS AND THEN

AUTHORIZES THE RECEIVER TO MAKE REPAIRS. DOES THIS BILL REQUIRE THE

RECEIVER TO WORK WITH THE OWNER TO MAKE SURE THAT THE NATURE, EXTENT,

AND COST OF THOSE REPAIRS ARE CONSISTENT WITH THE OWNER'S OBJECTIVES? I

MEAN JUST FOR EXAMPLE, AS YOU KNOW, YOU CAN FIX A LEAKING FAUCET

SOMETIMES FOR LESS THAN A DOLLAR BY REPLACING THE WASHER, OR YOU CAN

PUT IN A VERY EXPENSIVE FIXTURE. SO DOES THE OWNER HAVE THE RIGHT,

UNDER THIS LEGISLATION, TO WORK DIRECTLY WITH THE ADMINISTRATOR, OR DOES

THE ADMINISTRATOR HAVE AN OBLIGATION UNDER THIS LEGISLATION TO WORK

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WITH THE LANDLORD TO MINIMIZE THE COST AND MAKE THE REPAIRS IN A

MANNER CONSISTENT WITH WHAT THE LANDLORD AND THE OWNER WANT?

MR. MCDONALD: AS YOU KNOW, IN THIS WHOLE

CHAPTER THERE'S A WHOLE PROCESS LAID OUT ON HOW THIS WOULD COME TO

BE, AND -- AND YOUR POINT IS THE ADMINISTRATOR WOULD ORDER, GIVE AN

ORDER TO THE TENANTS OR WHOEVER THE RECEIVER IS. IT DOESN'T HAVE TO BE

THE TENANTS, IT'S COULD BE A NOT-FOR-PROFIT THAT STEPS IN THIS POSITION, IT

COULD BE A LOCAL GOVERNMENT THAT STEPS INTO THIS POSITION. BUT THE

REALITY IS WHOEVER HAS GOT THAT RESPONSIBILITY, THE -- THE ADMINISTRATOR

WILL SAY, I WANT YOU TO FIX THIS TOILET, WE'LL PICK A TOILET, THAT'S AN EASY

THING, EVERYONE USES THEM, AND, YOU KNOW, THIS IS -- WE MAY NOT GET

INTO SPECIFIC BRANDS, BUT THEY'RE GOING TO SAY, THIS IS WHAT'S ESTIMATED,

YOU CAN UTILIZE THE RENTS COLLECTED TO FIX THAT AND, BY THE WAY, IF YOU'RE

DONE AND THERE'S $300 LEFT OVER, THAT GOES BACK TO THE OWNER, IT'S THE

OWNER'S MONEY. THIS IS REALLY JUST INTENDED TO FIX THE ISSUE THAT

UNFORTUNATELY, THE LANDLORD OR PROPERTY MANAGER REFUSED TO DO.

MR. GOODELL: SO USING A SIMPLE EXAMPLE, LET'S

SAY THERE'S A LEAKING ROOF, AND YOU CAN FIX THE ROOF FOR $1,000 OR YOU

CAN REPLACE THE ROOF FOR $40,000.

MR. MCDONALD: RIGHT, RIGHT.

MR. GOODELL: IF THE ADMINISTRATOR DECIDES TO

REPLACE THE ROOF FOR $40,000, CAN THE OWNER SUE THE ADMINISTRATOR

SAYING, WAIT A MINUTE, IT JUST NEEDED A PATCH.

MR. MCDONALD: WELL, ONCE AGAIN, HOPEFULLY THE

-- THE PROPERTY OWNER, LANDLORD, WHOEVER IT MAY BE, IS ENGAGED IN THE

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PROCESS. MOST ADMINISTRATORS, MOST JUDGES ARE NOT GOING TO GO TO

EXTREMES TO REPLACE A WHOLE ROOF WHEN THAT'S NOT NECESSARY. BUT, ONCE

AGAIN, IF THE PROPERTY OWNER IS ENGAGED IN THE PROCESS, THERE'S A BACK

AND FORTH PROCESS WHERE, I DON'T WANT THE WHOLE ROOF REPLACED, THIS IS

WHAT NEEDS TO BE DONE, AND YOU WOULD LIKE TO THINK REASONABLENESS

WILL PREVAIL.

MR. GOODELL: AND I ABSOLUTELY AGREE, AND I

WOULD HAVE HOPED THAT THE LANGUAGE WOULD REQUIRE THE ADMINISTRATOR TO

CONSULT WITH THE OWNER, BUT THAT LANGUAGE IS NOT IN THIS BILL, CORRECT?

MR. MCDONALD: WELL, THE PROCESS I THINK --

MR. GOODELL: EXCUSE ME. THAT LANGUAGE IS NOT

IN THIS BILL, IS IT?

MR. MCDONALD: I THINK THE PROCESS DICTATES THAT.

WHETHER IT SAYS IT SPECIFICALLY, I'M NOT SURE.

MR. GOODELL: OKAY. NOW I SEE THAT THIS BILL

GIVES THE ADMINISTRATOR THE AUTHORITY TO SIGN LEASES THAT ARE UP TO THREE

YEARS IN LENGTH, CORRECT? I'M LOOKING AT THE TOP OF PAGE 7.

MR. MCDONALD: YES.

MR. GOODELL: IS THE ADMINISTRATOR OBLIGATED TO

CHARGE THE RENT THAT THE OWNER THINKS SHOULD BE CHARGED, OR CAN THE

ADMINISTRATOR SET WHATEVER RENT THE ADMINISTRATOR THINKS IS REASONABLE?

MR. MCDONALD: COULD YOU REPEAT THE QUESTION

AGAIN?

MR. GOODELL: CERTAINLY. MUST THE ADMINISTRATOR,

IN SIGNING A LONG-TERM LEASE, CHARGE THE RENT THE OWNER THINKS HE

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SHOULD CHARGE, OR IS THE ADMINISTRATOR FREE UNDER THIS LANGUAGE TO

CHARGE WHATEVER RENT THE ADMINISTRATOR THINKS IS APPROPRIATE?

MR. MCDONALD: YOU KNOW, THE INTENTION -- ONCE

AGAIN, I THINK WE HAVE TO GO BACK TO THE INTENTION OF SOMETHING THAT'S

BEEN IN STATUTE FOR OVER SIX DECADES. THE INTENTION FOR RECEIVERSHIP,

WHICH I THINK REALLY WE SHOULD BE MINDFUL OF THE FACT SHOULD BE

SELDOMLY USED, IS TO ADDRESS AN IMMEDIATE ISSUE THAT'S A THREAT TO PUBLIC

HEALTH, SAFETY, OR WELFARE. IT'S NOT INTENTION -- IT'S NOT INTENTIONED TO

TAKE OVER AND BE THE LANDLORD FOR THE NEXT THREE YEARS.

MR. GOODELL: BUT THIS GIVES THE ADMINISTRATOR THE

AUTHORITY TO ENTER INTO LEASES THAT ARE THREE YEARS LONG, RIGHT?

MR. MCDONALD: YES, AND THE --

MR. GOODELL: AND IT DOES NOT -- IT DOES NOT --

THERE'S NO STATUTORY LANGUAGE THAT IT REQUIRES THE ADMINISTRATOR TO SET THE

RENT AT THE AMOUNT SPECIFIED BY THE OWNER, RIGHT?

MR. MCDONALD: RIGHT.

MR. GOODELL: AND -- NOR DOES THE OWNER HAVE

THE RIGHT TO SAY, HEY, WAIT A MINUTE. I DON'T WANT THAT UNIT RENTED FOR

THREE YEARS BECAUSE MY DAUGHTER'S GOING TO MOVE IN THERE NEXT YEAR,

RIGHT, SO THE -- THE OWNER CAN'T LIMIT THAT THREE YEARS, THIS IS A STATUTORY

THREE-YEAR RIGHT, CORRECT?

MR. MCDONALD: THE COURT CAN -- CAN APPROVE THE

TERMS OF THE AGREEMENT, BUT I HAVE TO GO BACK TO THE POINT THAT THIS

WHOLE PROCESS, THIS DUE PROCESS IF FAIR FOR ALL ENTITIES. IT GIVES THE

PROPERTY OWNER AN OPPORTUNITY TO BE ENGAGED. UNFORTUNATELY, LET'S

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KEEP IN MIND, THE REASON WE'RE AT THRESHOLD IS BECAUSE THEY HAVE BEEN

DISENGAGED OR UNINTERESTED THROUGHOUT THE WHOLE PROCESS.

MR. GOODELL: NO, I UNDERSTAND THAT ISSUE, I'M

JUST LOOKING TO MAKE SURE THAT, YOU KNOW, WHEN YOU TAKE SOMEBODY'S

PROPERTY THAT THEY ACTUALLY OWN --

MR. MCDONALD: WE'RE NOT TAKING --

MR. GOODELL: -- AND PUT IT UNDER CONTROL OF

SOMEBODY ELSE WHO DOESN'T OWN IT, OBVIOUSLY THE OWNER HAS A LOT OF

STAKE IN SAYING, HEY, WAIT A MINUTE. I DON'T WANT A THREE-YEAR LEASE. I

DON'T WANT TO RENT IT FOR THAT AMOUNT. I DON'T RENT MY PROPERTY TO

PEOPLE WHO HAVE PETS. I MEAN, THERE'S NOTHING IN HERE, THOUGH, TO

PROTECT THE OPENER FROM SAYING, YOU HAVE TO MEET MY UNDERWRITING

STANDARDS FOR TENANTS. I MEAN, AN OWNER MIGHT SAY, HEY, LOOK. THIS IS

AN ADULT FACILITY, WE DON'T RENT TO LARGE FAMILIES WITH KIDS. THERE'S NO

-- THERE'S NOTHING IN THIS STATUTORY LANGUAGE, IS THERE, THAT GIVES THE

OWNER ANY CONTROL OVER HIS OWN PROPERTY WHILE THE ADMINISTRATOR IS IN

CHARGE?

MR. MCDONALD: I'M GOING TO DISAGREE WITH THAT.

I MEAN, I UNDERSTAND YOU'RE PROBABLY SAYING THE LANGUAGE ISN'T CLEAR

ENOUGH BUT, ONCE AGAIN, THE PROPERTY OWNER HAS THE OPPORTUNITY NOT

ONLY TO REMEDY THE ISSUE IN THE FIRST INSTANCE, THEY HAVE THE OPPORTUNITY

TO MAKE THEIR ARGUMENT BEFORE THE ADMINISTRATOR IN A -- IN A WELL

DOCUMENTED AND NOTICED HEARING PROCESS TO NOT ONLY, FIRST OF ALL, TO

REFUTE WHATEVER THE TENANT'S COMPLAINTS ARE BECAUSE, AS YOU KNOW

SOMETIMES, YOU KNOW, NOT EVERY LANDLORD IS BAD. THERE ARE A LOT OF

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VERY GOOD LANDLORDS. AND NOT EVERY TENANT'S GREAT, THERE ARE SOME

TENANTS WHO MAKE UP THINGS, TOO. AND THERE'S A WHOLE PROCESS IN THE

BEGINNING TO ALLOW THEM TO REFUTE THAT. SO YOU KNOW, BUT -- HOWEVER,

TO YOUR POINT, IF IT GETS TO THAT STAGE, WHICH UNFORTUNATELY SOMETIMES IT

CAN BE, THEN THE COURT HAS THE ABILITY TO DEFINE TERMS AND, YES, GO

THROUGHOUT THE THREE YEARS. I WOULD HOPE THAT NEVER WOULD HAPPEN.

MR. GOODELL: NOW, THIS ALSO SAYS THAT THE COURT

WILL ONLY DISCHARGE THE ADMINISTRATOR, WHO IS COLLECTING ALL THE RENTS,

RIGHT, IF THE OWNER HAS PAID IN FULL OR ENTERED INTO A PAYMENT AGREEMENT

TO PAY IN FULL, ALL OUTSTANDING REAL PROPERTY TAXES. SO MY QUESTION IS IF

YOU HAVE AN ADMINISTRATOR THAT'S COLLECTING ALL THE RENTS, HOW IS THE

OWNER SUPPOSED TO COME UP WITH THE MONEY TO PAY THESE TAXES?

MR. MCDONALD: WELL, FIRST OF ALL, I'LL GO BACK TO

MY -- WHAT I'VE BEEN SAYING EARLIER, THE PROPERTY OWNER SHOULDN'T LET

THIS BUILDING GET TO THAT POSITION IN THE FIRST INSTANCE.

MR. GOODELL: TRUE, BUT THEN AREN'T WE SETTING UP

A SYSTEM WHERE WE SAY THE ADMINISTRATOR'S ON THERE FOREVER UNTIL THE

OWNER CAN SCRAPE UP THE MONEY TO PAY THE TAXES? AND THEN AT THE

SAME TIME, THE ADMINISTRATOR HAS 100 PERCENT CONTROL OVER ALL THE RENT,

RIGHT?

MR. MCDONALD: THE ADMINISTRATOR DOES HAVE

CONTROL OF THE RENT, THE ADMINISTRATOR CAN DEDICATE PART OF THAT RENT

TOWARDS PAYING THE TAXES. I WOULD THINK, BECAUSE THIS IS BEING HELD,

THESE HEARINGS, THESE PROCESSES ARE PLAYED OUT IN THE COMMUNITIES THAT

OBVIOUSLY THE INTEREST OF THE LOCAL GOVERNMENT ARE ALSO GOING TO BE

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SERVED, AS WELL.

MR. GOODELL: CERTAINLY. NOW, LOOKING AT THE TOP

OF PAGE 8, AM I CORRECT THAT UNDER NO CIRCUMSTANCES IS AN ADMINISTRATOR

PERSONALLY LIABLE, REGARDLESS OF WHAT THEY DO? I MEAN, THAT'S WHAT IT

SAYS, RIGHT? HE OR SHE SHALL NOT HAVE ANY LIABILITY IN HIS OR HER

PERSONAL CAPACITY. SO THE ADMINISTRATOR CAN REALLY SCREW UP AND

THERE'S NO PERSONAL LIABILITY?

MR. MCDONALD: CORRECT.

MR. GOODELL: OKAY. THANK YOU, MR. MCDONALD.

AND AS ALWAYS, I APPRECIATE YOUR THOUGHTFULNESS AND YOUR RESPONSES TO

HELP CLARIFY THIS.

MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER KELLES: ON THE BILL.

MR. GOODELL: I DIDN'T DISCUSS WITH MY COLLEAGUE,

AND I THOROUGHLY APPRECIATE HIS COMMENTS, THE LAST PART OF THIS BILL SAYS

THAT NOTHING IN THE LEASE OR ANY OTHER AGREEMENT CAN, FOR THE BENEFIT OF

A TENANT, CAN WAIVE ANY OF THESE PROVISIONS. WELL, THERE ARE A NUMBER

OF SITUATIONS WHERE OWNERS LET PEOPLE COME IN ONTO THEIR PROPERTY WITH

A LEASE WHERE THEY WAIVE ALL THESE PROVISIONS, THEY WAIVE EVERYTHING

ABOUT MAINTENANCE AND REPAIR, TYPICALLY BECAUSE A TENANT INTENDS TO

BUY THE PROPERTY. SO IF YOU HAVE A LAND CONTRACT OR A LEASE WITH AN

OPTION, FOR EXAMPLE, OR -- OR WHAT'S REALLY COMMON IS AN OWNER IS

SELLING A PROPERTY AND THE NEW BUYER WANTS EARLY POSSESSION. AND SO

IF THE OWNER LETS THE NEW BUYER IN UNDER AN EARLY POSSESSION

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AGREEMENT, IT'S WRITTEN SO IT'S A LEASE AND IT SAYS, IN BLACK AND WHITE,

YOU'RE COMING IN, EARLY POSSESSION, I DON'T HAVE TO GIVE YOU THAT RIGHT,

I'M GIVING IT TO YOU, BUT YOU WAIVE ANY, ANY CLAIM ON REPAIRS OR

MAINTENANCE. OTHERWISE, BY THE WAY, YOU WOULDN'T HAVE EARLY

POSSESSION AND IT WOULD REALLY SCREW UP THE REAL ESTATE MARKET.

SO AS MY COLLEAGUE OUTLINED, THIS BILL DOESN'T HAVE, IN

THE STATUTORY LANGUAGE, THE CHECKS AND BALANCES WE NEED. IT ALLOWS AN

ADMINISTRATOR TO COLLECT ALL THE RENT, BUT DOESN'T REQUIRE THE

ADMINISTRATOR TO GET THE REASONABLE APPROVAL FROM THE OWNER ON THE

NATURE OR EXTENT OF REPAIRS, WHETHER IT'S A REPAIR OR REPLACING THE ROOF IS

A HUGE DIFFERENCE. IT GIVES THE ADMINISTRATOR THE UNFETTERED RIGHT TO

LEASE THE BUILDING FOR UP TO THREE YEARS WITHOUT THE OWNER'S APPROVAL,

WITHOUT THE OWNER'S CONSENT ON THE RENT, WITHOUT NECESSARILY MEETING

THE OWNERS'S CRITERIA OF WHETHER IT'S WITH OR WITHOUT PETS. IT TAKES IT

OVER COMPLETELY AND IT TREATS THE OWNER AS THOUGH HE'S AN INNOCENT

BYSTANDER WHOSE ONLY JOB IS TO PAY ALL THE PROPERTY TAXES OUT OF HIS

PERSONAL PROPERTY, OUT OF HIS OWN ASSETS BECAUSE THE ADMINISTRATOR

TAKES ALL THE RENT. WHEN WE DEAL WITH THESE SITUATIONS, WE NEED TO

MAKE SURE THE STATUTORY LANGUAGE IS BALANCED AND, UNFORTUNATELY, THIS

LANGUAGE IS NOT AND, THEREFORE, I WILL NOT BE SUPPORTING IT. THANK YOU,

MADAM SPEAKER.

ACTING SPEAKER KELLES: THANK YOU.

MR. MONTESANO.

MR. MONTESANO: THANK YOU. WILL THE SPONSOR

YIELD?

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ACTING SPEAKER KELLES: WILL THE SPONSOR

YIELD?

MR. MCDONALD: YUP.

ACTING SPEAKER KELLES: THE SPONSOR YIELDS.

MR. MONTESANO: THANK YOU, MR. MCDONALD.

I'M JUST A LITTLE PERPLEXED, BECAUSE I SEE IN THE -- THAT THE BILL EXEMPTS

NEW YORK CITY, NASSAU, SUFFOLK, ROCKLAND AND WESTCHESTER COUNTY,

OR IN ANY CITIES, TOWNS OR VILLAGES BECAUSE THEY'RE ALREADY COVERED BY

THE LAW. SO IS IT YOUR POSITION THAT COUNTIES IN THE REST OF THE STATE ARE

NOT COVERED UNDER THIS REAL PROPERTY SECTION?

MR. MCDONALD: CORRECT, YES. THE ARTICLE 7-A

ACTUALLY ADDRESSES -- ARTICLE 7-A, WHICH HAS BEEN IN PLACE FOR A --

SEVERAL DECADES IN THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW

ACTUALLY INCLUDES NEW YORK CITY AND THE COUNTIES OF NASSAU, SUFFOLK,

ROCKLAND AND WESTCHESTER, AND OBVIOUSLY THE MUNICIPALITIES WITHIN

THOSE COUNTIES. THE INTENT OF THIS BILL IS QUITE SIMPLE, IT'S NOT TO REALLY

RECREATE THE WHEEL, IT'S JUST TO MAKE SURE THAT ALL MUNICIPALITIES AND

COUNTIES THROUGHOUT NEW YORK STATE HAVE THIS OPTION AVAILABLE IF NEED

BE.

MR. MONTESANO: NOW, IT PROVIDES HERE THAT A

TENANT IN A SINGLE-FAMILY RESIDENCE CAN GO IN AND COMMENCE AS

SUMMARY PROCEEDING; AM I CORRECT?

MR. MCDONALD: IT DOES IN A SINGLE-FAMILY

SITUATION, CORRECT.

MR. MONTESANO: AND WHAT -- AND WHAT COURT

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WOULD THEY GO INTO?

MR. MCDONALD: THEY WOULD GO -- WELL, THE COURT

OF JURISDICTION WOULD BE WITHIN THAT MUNICIPALITY.

MR. MONTESANO: ALL RIGHT. SO DOES IT HAVE TO BE

THE SUPREME COURT, DOES IT HAVE TO BE A CITY --

MR. MCDONALD: IT COULD BE THE CITY COURT, YUP.

MR. MONTESANO: CITY COURT. NOW, I KNOW IT

MENTIONS A RECEIVER. OKAY. SO MY UNDERSTANDING, HAVING SERVED IN

THAT CAPACITY FOR A NUMBER -- A GOOD NUMBER OF OCCASIONS, IS THOSE

APPOINTMENTS ARE MADE BY A JUDGE OF THE SUPREME COURT. IS THERE

ANYWHERE IN THE STATUTE THAT GIVES THE CITY COURT JUDGE THE AUTHORITY TO

APPOINT A RECEIVER OF REAL PROPERTY?

MR. MCDONALD: CITY COURT DOES, YES.

MR. MONTESANO: IT DOES HAVE THAT AUTHORITY?

MR. MCDONALD: YUP.

MR. MONTESANO: AND -- AND I -- I HEARD THE

OTHER SPEAKER'S COMMENTS ABOUT THERE IS NO LIABILITY TO THE RECEIVER,

ALTHOUGH I HEARD THE WORD ADMINISTRATOR USED, ALSO. DOES IT PROVIDE

FOR A RECEIVER AND AN ADMINISTRATOR?

MR. MCDONALD: WELL, THE -- THE JUDGE WOULD BE

THE ADMINISTRATOR IN THIS SITUATION --

MR. MONTESANO: OKAY.

MR. MCDONALD: -- AND THE JUDGE WOULD DIRECT

WHO THE RECEIVER WOULD BE THAT WOULD BE RESPONSIBLE FOR CARRYING OUT

THE REPAIRS THAT WERE ORDERED.

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MR. MONTESANO: OKAY. SO -- BECAUSE IN MY

EXPERIENCES, WHEN A JUDGE APPOINTS A RECEIVER TO MANAGE REAL PROPERTY,

AND IN DOING SO THEY COLLECT THE RENTS AND THEN BY COLLECTING THE RENTS,

THEY'RE RESPONSIBLE FOR COVERING THE OVERHEAD OF THE PROPERTY,

MAINTAINING THE PROPERTY, INSURANCE, AND PAYING THE REAL PROPERTY

TAXES. BUT ALSO AS A MATTER OF COURSE, THE -- THE APPOINTING JUDGE WILL

ALSO REQUIRE THAT RECEIVER TO PURCHASE A SURETY BOND, AN AMOUNT EQUAL

TO THE AMOUNT OF RENTS THAT COME IN USUALLY ON A YEARLY BASIS TO PROTECT,

YOU KNOW, THE MONIES OR SHOULD THE RECEIVER DO ANYTHING WRONG.

NOW, WITH THIS HERE IN YOUR -- IN YOUR BILL, THE RECEIVER IS ENTITLED TO

RENT THE PROPERTY; AM I CORRECT?

MR. MCDONALD: YES. YOU KNOW, ONE OF THE

INTENTIONS OF THE BILL HERE, QUITE SIMPLY, IS TO MAKE SURE THAT TENANTS

AREN'T EVACUATED FROM A BUILDING.

MR. MONTESANO: RIGHT.

MR. MCDONALD: YOU KNOW, FAR TOO OFTEN -- I'VE

BEEN A MAYOR SINCE JANUARY OF 2000 AND I'VE DEALT WITH A LOT OF THE

ISSUES WHEN IT COMES TO CODE ENFORCEMENT. AND SOMETIMES LANDLORDS

WOULD LET PROPERTIES RUN WITH THE INTENTION OF TENANTS HAVING TO LEAVE,

WHICH IS NOT RIGHT, AS YOU WOULD GUESS.

MR. MONTESANO: UNDERSTOOD. BUT IS THERE ANY

LIMITATION -- SO AGAIN, IN MY EXPERIENCES, IF I WAS RENTING THE PROPERTY

-- YOU KNOW, AN APARTMENT IN A MULTIPLE DWELLING OR A SINGLE-FAMILY

HOUSE, I WOULD HAVE THE AUTHORITY TO ENTER INTO A LEASE, BUT THAT LEASE

WAS ALWAYS SUBJECT TO THE APPROVAL OF THE APPOINTING JUDGE AND HIM

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BEING A SIGNATORY TO THAT -- TO THAT LEASE. SO IN YOUR -- IS IT YOUR

POSITION THAT THE APPOINTING JUDGE, OR ADMINISTRATOR AS YOU REFER TO HIM

AS, CAN TELL A RECEIVER, I'M ONLY GOING TO LET YOU RENT A PROPERTY FOR A

YEAR, OR YOU HAVE TO RENT IT FOR TWO YEARS?

MR. MCDONALD: YES. YES.

MR. MONTESANO: AND AT WHAT JUNCTURE WOULD

THE RECEIVER BE RELIEVED FROM THAT POSITION?

MR. MCDONALD: YEAH, IN THE LEGISLATION IT SPEAKS

TO THAT. IT SPEAKS TO THE FACT THAT THIS INTENDED TO REMEDY THE -- THE

SITUATION AT HAND. I GIVE THE SIMPLE EXAMPLE, TOILET'S NOT WORKING. IT

SOUNDS CRAZY TO GO THROUGH A PROCESS LIKE THIS, BUT AT THE END OF THE

DAY, THE TOILET'S NOT WORKING AND THEY GO THROUGH THE PROCESS. THE

RECEIVER IS SUPPOSED TO FIX THE TOILET. ONCE THE TOILET'S FIXED, WHATEVER

RESOURCES ARE LEFT OVER FROM -- COLLECTED FROM THE RENTS IS RETURNED TO

THE OWNER AND THEN THAT -- THAT PROCESS HAS -- HAS ENDED.

MR. MONTESANO: AND UNDER THIS PARTICULAR PIECE

OF LEGISLATION, WHEN WE SAY NORMALLY UNDER CURRENT LAW AN EXPERIENCE

WITH RECEIVERS IS THEIR FEES ARE FIXED BY STATUTE GENERALLY, AND IT COMES

OUT OF THE MONIES THAT THEY COLLECTED. IS THAT THE SAME IN YOUR BILL?

MR. MCDONALD: YES. YES.

MR. MONTESANO: ALL RIGHTY. THANK YOU VERY

MUCH. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

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NYS ASSEMBLY JUNE 9, 2021

RECORD THE VOTE ON ASSEMBLY PRINT 3241. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT OF

COURSE THOSE WHO SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY

LEADER'S OFFICE SO WE CAN PROPERLY RECORD THEIR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, THE MAJORITY

CONFERENCE IS GENERALLY IN FAVOR OF THIS LEGISLATION. IF THERE ARE ANY

EXCEPTIONS, I ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S

OFFICE AT THE NUMBER PREVIOUSLY PROVIDED AND THEIR NAMES WILL BE

ANNOUNCED ACCORDINGLY. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

HYNDMAN.

(THE CLERK RECORDED THE VOTE.)

MR. MCDONALD TO EXPLAIN HIS VOTE.

MR. MCDONALD: THANK YOU, MR. SPEAKER.

ADDRESSING NUISANCE REAL PROPERTY ISSUES IS FREQUENTLY A VERY DIFFICULT

TASK IN THE INSTANCE WHEN A PROPERTY OWNER AND A LANDLORD ARE

COMPLETELY UNRESPONSIVE TO ANY CRIMINAL OR CIVIL ENFORCEMENT

PROCEEDINGS. AND FREQUENTLY, UNFORTUNATELY, REMEDIATION MAY ONLY BE

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ACHIEVED BY HAVING A RECEIVER APPOINTED WHO HAS THE FULL LEGAL

AUTHORITY TO ADDRESS THE NUISANCE AND UNSAFE CONDITIONS. AS A

REMINDER, THIS BILL IS JUST AN EXPANSION STATEWIDE OF WHAT'S BEEN IN LAW

FOR SEVERAL DECADES IN NEW YORK CITY, NASSAU, SUFFOLK, WESTCHESTER,

AND ROCKLAND COUNTIES.

THE INTENTION IS SIMPLE. WE WANT TO PROTECT TENANTS.

WE WANT TO PREVENT POTENTIAL BLIGHT, AND WE ALSO WANT TO PRESERVE

MANY OF OUR HISTORIC PROPERTIES. THIS BILL ENJOYS THE SUPPORT OF THE

NEW YORK STATE CONFERENCE OF MAYORS AND THE PRESERVATION LEAGUE OF

NEW YORK, AND JUST AS IMPORTANTLY, HAS BEEN VERY WELL RECEIVED BY

MANY TENANTS' RIGHTS GROUPS. THANK YOU.

ACTING SPEAKER AUBRY: MR. MCDONALD IN THE

AFFIRMATIVE.

MR. MONTESANO TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. I KNOW RIGHT NOW THAT THIS -- THIS MAY BE DISTASTEFUL

TO A LOT OF MY COLLEAGUES BECAUSE OF THE CURRENT EVICTION MORATORIUM

THAT'S IN PLACE UNTIL THIS AUGUST OF 2021, HOPEFULLY IT GETS TO EXPIRE AND

IT DOESN'T GET EXTENDED TO COMPLICATE MATTERS ANY FURTHER FOR TENANTS.

BUT WHILE DOWNSTATE IS AFFECTED BY THIS TYPE OF PROCEEDING, IT'S ONLY

FAIR THAT TENANTS UPSTATE HAVE THE SAME PROTECTIONS AND THE SAME

REMEDIES AVAILABLE TO THEM. THE APPOINTMENT OF A RECEIVER IS NOT TAKEN

LIGHTLY BY JUDGES. THEY -- THEY CONSIDER ALL THE FACTS AND

CIRCUMSTANCES, THEY'RE NOT QUICK TO DO THIS. BUT WHEN THEY DO IT, THE

RECEIVER USUALLY GETS THE PROPERTY RIGHT BACK INTO SHAPE AND ON ITS FEET,

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MAKES IT A BETTER INCOME-PRODUCING PROPERTY AND REMEDIES ANY OF THE

CONDITIONS THAT MAY PRESENT THE WARRANTY OF HABITABILITY ISSUE TO THE

TENANTS. SO FOR THOSE REASONS, I WILL BE VOTING IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MR.

MONTESANO.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 16, RULES REPORT NO. 437, THE CLERK WILL READ.

THE CLERK: SENATE NO. S04615-A, RULES REPORT

NO. 437, SENATOR KAPLAN (SOLAGES, SILLITTI, GRIFFIN, TAYLOR, EPSTEIN,

DINOWITZ, DICKENS, GALEF, GONZ�LEZ-ROJAS, ZINERMAN, JACKSON, ROZIC,

OTIS, LAVINE--A05402-A). AN ACT TO AMEND THE GENERAL MUNICIPAL

LAW AND THE EDUCATION LAW, IN RELATION TO PROHIBITING THE SELLING OR

DISPLAYING OF SYMBOLS OF HATE.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MS. SOLAGES, WILL

YOU YIELD?

MS. SOLAGES: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. GOODELL: THANK YOU, MS. SOLAGES. I SEE THAT

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THIS BILL WOULD PROHIBIT ANY LOCAL GOVERNMENTS, FIRE DEPARTMENTS,

VOLUNTARY FIRE COMPANIES, POLICE DEPARTMENTS, LOOKS LIKE EVERYONE

EXCEPT THE STATE OF NEW YORK, TO -- TO DISPLAY ANY SYMBOLS OF HATE, IS

THAT CORRECT?

MS. SOLAGES: YUP.

MR. GOODELL: -- DISPLAY, SELL OR OTHERWISE SHOW

ANY -- SELL OR DISPLAY ANY SYMBOLS OF HATE, RIGHT?

MS. SOLAGES: YES, YOU'RE CORRECT; HOWEVER, WE

PASSED A BILL LAST SESSION THAT HAD VERY SIMILAR LANGUAGE THAT PROHIBITED

THE SALE OF CONFEDERATE FLAGS AT, YOU KNOW, ON NEW YORK STATE

PROPERTY. SO YOU KNOW, WE DID PASS SIMILAR LEGISLATION AND THAT WAS

PASSED ON JULY 23RD AND IT WAS VOTED 141-0.

MR. GOODELL: SO CAN YOU HELP ME UNDERSTAND

WHAT A SYMBOL OF HATE IS? I SEE THE STATUTE REFERS TO INCLUDING BUT NOT

LIMITED TO A CONFEDERATE FLAG OR SYMBOLS OF WHITE SUPREMACY OR

NEO-NAZI IDEOLOGY, IS THAT CORRECT?

MS. SOLAGES: YEAH, SO YOU KNOW, AS I SAID

BEFORE, IT'S IDENTICAL LANGUAGE TO THE STATUTE I MENTIONED AND, YOU

KNOW, THE SUPREME COURT OF THE UNITED STATES HAS ALSO HELD THAT THE

FIRST AMENDMENT PROVIDES NO PROTECTION FOR OBSCENE, YOU KNOW,

WORDS, PORNOGRAPHY, AND IT'S -- IT'S -- FORMERLY IT'S USUALLY KNOWN AS

FIGHTING WORDS. SO IF IT HAS A TENDENCY TO CAUSE AN ACT OF VIOLENCE BY A

PERSON WHO INDIVIDUALLY OR, YOU KNOW, THE REMARK IS ADDRESSED.

MR. GOODELL: SO IN ADDITION TO THE CONFEDERATE

FLAG, AM I CORRECT THAT THE GERMAN NAZI FLAG WOULD BE CONSIDERED A

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SYMBOL OF HATE?

MS. SOLAGES: YES. SO THE -- THE LANGUAGE IS NOT

LIMITED TO IT, IT GIVES SOME EXAMPLES, BUT IT'S NOT LIMITED TO. AND I JUST

WANT TO REMIND, MR. SPEAKER, I WANT TO REMIND THE QUESTIONER THAT THIS

IS, YOU KNOW, FOR MUNICIPALITIES AND NOT SEEN FOR INDIVIDUALS OR

CITIZENS. THIS IS -- WE'RE TALKING ABOUT GOVERNMENT PROPERTY.

MR. GOODELL: THANK YOU FOR THAT CLARIFICATION.

WOULD IT ALSO APPLY TO THE JAPANESE FLAG? YOU KNOW THE RED CIRCLE ON

A WHITE BACKGROUND? I MEAN, THAT WAS A FLAG FLOWN BY THE JAPANESE

WHEN THEY BOMBED PEARL HARBOR. DOES THAT APPLY TO THE JAPANESE FLAG

BECAUSE OF ALL THE ATROCITIES THEY COMMITTED IN CHINA AND DURING THEIR

IMPERIAL EXPANSION?

MS. SOLAGES: YOU KNOW, THERE ARE MANY SYMBOLS

OF HATE AND I DON'T WANT TO, YOU KNOW, PUT ON THE LEGISLATIVE RECORD

LIMITING OUR -- OUR OPPORTUNITIES TO DEFINE WHAT A SYMBOL OF HATE IS.

BUT THERE'S -- EXCUSE ME. IT IS PRESUMED THAT AN ENFORCEMENT AGENCY,

WHETHER THE ATTORNEY GENERAL OR APPROPRIATE AGENCY CAN MAKE THAT

DETERMINATION. AND ALSO, AN EFFORT CAN GO BEFORE THE COURT SO THAT THE

COURT CAN DETERMINE WHAT A SYMBOL OF HATE IS. AND SO FOR US TO SIT HERE

AND, YOU KNOW, COMPARE AND CONTRAST, YOU KNOW, THERE IS A PROCESS TO

DETERMINE WHAT A SYMBOL OF HATE IS.

MR. GOODELL: AND WHAT IS THAT PROCESS TO

DETERMINE THAT THE CONFEDERATE FLAG IS A SYMBOL OF HATE, BUT THE

JAPANESE FLAG, WHERE MANY MILLIONS OF PEOPLE WERE KILLED THROUGHOUT

THE ENTIRE SOUTHEAST ASIA IS NOT A SYMBOL OF HATE, OR IS IT A SYMBOL OF

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HATE, AND WHO DECIDES? IS IT A VOTE BY THE TOWN BOARD OR BY THE FIRE

DEPARTMENT? DO THEY SAY, WE'RE UP ON JAPANESE FLAG, BUT WE'RE DOWN

ON THE CONFEDERATE FLAG? OR, WE'RE UP ON THE HAMMER AND SICKLE,

EVEN THOUGH LENIN AND STALIN KILLED MILLIONS AND MILLIONS OF PEOPLE IN

RUSSIA, THAT'S NOT A HATE SYMBOL, OR IS IT A HATE SYMBOL? I DON'T KNOW.

WHO DECIDES? IS IT THE TOWN BOARD OR VILLAGE COURT, OR THE COUNTY

LEGISLATURE? WHO DECIDES WHAT'S A SYMBOL OF HATE?

MS. SOLAGES: SO YOU KNOW, I WANT TO ENSURE THAT

WE'RE TALKING ABOUT GOVERNMENT PROPERTY, YOU KNOW, WE'RE TALKING

ABOUT, YOU KNOW, FIRE DISTRICT, VOLUNTEER COMPANIES, SCHOOL DISTRICTS,

MUNICIPALITIES. SO YOU KNOW, WE'RE TALKING ABOUT GOVERNMENT

PROPERTY AND -- AND -- AND, YOU KNOW, WE'RE USING THESE SYMBOLS ON

GOVERNMENT PROPERTY. AND AS I SAID BEFORE, IT'S -- IT'S REALLY DETERMINED

BY A, YOU KNOW, ENFORCEMENT AGENCY, THE ATTORNEY GENERAL,

APPROPRIATE AGENCIES AND, YOU KNOW, INDIVIDUALS HAVE THE OPPORTUNITY

TO GO BEFORE A COURT IF THEY FEEL THAT THE FLAG OR THE SYMBOL THAT THEY

WANT TO PRESENT IS A SYMBOL OF HATE. BUT AGAIN, WE'RE TALKING ABOUT

PUTTING THESE SYMBOLS OF HATE ON GOVERNMENT PROPERTY, WHICH IS -- IS,

YOU KNOW, NOT ACCEPTABLE.

MR. GOODELL: WELL, I WAS LOOKING, I SEE ONE OF

THE THINGS THAT IT MENTIONED IS WHITE SUPREMACY AND NEO-NAZI, AND I

LOOKED IT UP ON THE -- ON THE INTERNET BECAUSE TO BE HONEST WITH YOU I

REALLY DON'T KNOW MUCH ABOUT EITHER OF THOSE -- THOSE ISSUES OR THOSE

FACTIONS, AND SOME OF THE SYMBOLS THEY USE SEEM TO BE BORROWED FROM

LIKE THE CELTIC CROSS, FOR EXAMPLE, THAT MOST OF US, WITHOUT KNOWING

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ANY BETTER, WOULD THOUGHT WAS A SYMBOL OF CHRISTIANITY AND CELTIC

HERITAGE. HOW DO YOU DISTINGUISH BETWEEN A CELTIC CROSS THAT'S

SYMBOL OF A NEO-NAZI GROUP VERSUS A CELTIC CROSS THAT'S A SYMBOL OF

CELTIC PRIDE AND -- AND CHRISTIANITY OR -- OR POSITIVE ATTRIBUTES? I MEAN,

A LOT OF THESE SYMBOLS ARE USED INTERCHANGEABLY BY DIFFERENT GROUPS.

HOW DO YOU DISTINGUISH BETWEEN WHAT'S A HATE SYMBOL AND WHAT'S A

LOVE SYMBOL?

MS. SOLAGES: YOU KNOW, AGAIN, I THINK AN

ENFORCEMENT AGENCY WOULD HAVE THE CAPABILITY TO DETERMINE WHAT IT IS

AND, IF NOT, IT CAN BE ADJUDICATED BEFORE THE COURT. AND THIS HAS -- THIS

HAS BEEN LAW. THIS IS ALSO, YOU KNOW, NEW YORK STATE LAW THAT WE'VE

PASSED IN THIS HOUSE AND SO, YOU KNOW, I'M MORE THAN CONFIDENT THAT

ANY SORT OF ISSUES CAN BE ADJUDICATED BEFORE THE COURT BUT, YOU KNOW,

THERE'S A PARTICULAR BALANCING ACT THAT NEEDS TO BE DONE, YOU KNOW, TO

ENSURE THAT WE'RE PRESERVING THE -- THE INTEREST OF GOVERNMENT --

GOVERNMENT PROPERTY. BECAUSE AGAIN, WE'RE TALKING ABOUT A SYMBOL OF

HATE BEING PUT ON GOVERNMENT PROPERTY. AND FOR EXAMPLE, YOU KNOW,

THERE WAS, OUT IN LONG ISLAND A, YOU KNOW, A FIRE DEPARTMENT THAT PUT

UP THE CONFEDERATE FLAG ON THEIR, YOU KNOW, FIRE TRUCK AND THEY WERE

DRIVING AROUND A COMMUNITY. AND, YOU KNOW, MANY PEOPLE WERE

APPALLED BY THAT. AND SO WE JUST WANT TO CLARIFY IN THE LAW THAT THAT'S

NOT ACCEPTABLE TO BE USING TAXPAYER DOLLARS FOR, YOU KNOW, THE DISPLAY

OF, YOU KNOW, HATE SYMBOLS.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE YOUR OBSERVATIONS AND INSIGHTS.

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ON THE -- ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: FOR SOME PEOPLE WHEN THEY SEE THE

CONFEDERATE FLAG, THEY ASSOCIATE IT WITH RACISM AND WITH THE CIVIL WAR,

AND ALL THE TURMOIL THAT WE WENT THROUGH DURING THAT TIME PERIOD.

OTHERS SEE THE CONFEDERATE FLAG IN AN ENTIRELY DIFFERENT WAY -- I'M NOT

ONE OF THEM, BUT SOME OF THEM SEE THE CONFEDERATE FLAG AS A SYMBOL OF

STATE RIGHTS, THAT THE UNITED STATES WAS A COMPACT OF STATES AND THAT THE

STATES HAD THE RIGHT TO LEAVE. AND SO SOME SEE IT AS A SYMBOL OF STATE

RIGHTS. MANY OF US SEE THE JAPANESE FLAG THAT'S THE SAME FLAG THAT FLEW

OVER THEIR BATTLESHIPS WHEN THEY BOMBED PEARL HARBOR. IS THAT A

SYMBOL OF HATE? OR THE SWASTIKA, YEAH, MOST OF US REALLY FIND THAT

REALLY DISTASTEFUL. BUT FREE SPEECH ISN'T DESIGNED JUST TO PROTECT

POLITICALLY CORRECT SPEECH, OR COMFORTABLE SPEECH. SO WE GO DOWN A

DANGEROUS COURSE WHEN WE OUTLAW THINGS THAT WE CAN'T AGREE EVEN IN

THIS CHAMBER, EVEN WITH THE SPONSOR SAYING, I DON'T KNOW, NOT SURE IF

THE JAPANESE FLAG IS A SYMBOL OF HATE, OR WHAT ABOUT THE RUSSIAN FLAG?

IS THAT A SYMBOL OF HATE? I MEAN, MY GOSH, THEY KILLED MILLIONS OF

PEOPLE IN THE TURN OF THE CENTURY, MILLIONS. OR WHAT ABOUT THE TURKISH

FLAG AND THE ARMENIANS AND THE MASSACRES THEY DID THERE? I MEAN

WHAT'S A -- I MEAN IN RUSSIA AND IN JAPAN, THEY KILLED TEN TIMES MORE

PEOPLE THAN WERE KILLED IN THE CIVIL WAR. SO WHERE DO WE DRAW THE

LINE?

AND SO WHEN WE START TO REGULATE SPEECH, WE GO DOWN

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A VERY SLIPPERY SLOPE. SO LIKEWISE, THIS BILL, AS THE SPONSOR NOTED, HAS

NOTHING TO DO WITH THE STATE OF NEW YORK, WITH ITS OWN PROPERTY. IT

RELATES ONLY TO ACTIONS DONE BY LOCAL OFFICIALS. YOUR LOCAL TOWN BOARD,

YOUR VILLAGE BOARD, YOUR FIRE DEPARTMENTS, MAYBE OUT OF THE RESPECT AND

DEFERENCE AND HUMILITY, WE OUGHT TO REFLECT AND RESPECT THEIR COMMON

SENSE AND URGE THEM TO EXERCISE THEIR OWN DISCRETION AND LET THEIR

VOTERS STAND UP AND SAY IF THEY HAVE A SYMBOL THAT THEY DON'T LIKE, THAT

THEY SHOULD THROW THOSE PEOPLE OUT OF OFFICE AND NOT HAVE US GO DOWN

THE SLIPPERY SLOPE WITH VAGUE DEFINITIONS THAT INFRINGE ON FIRST

AMENDMENTS AND LEAVES WIDE OPEN WHAT IS OR IS NOT HATE SPEECH AND

WHO OR WHO ISN'T GOING TO DECIDE, AND WHAT THE REMEDIES MAY OR MAY

NOT BE. FOR THOSE REASONS, WHILE I CERTAINLY SUPPORT THE DESIRE OF THE

SPONSOR AND ALL OF US TO AVOID ANY SYMBOLS OF HATE OR DISCONTENT OR

DIVISION ON ANY MUNICIPAL PROPERTIES, WE HAVE TO BE EXTREMELY CAREFUL

WHEN WE GO DOWN THIS PATH. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. ANGELINO.

MR. ANGELINO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MS. SOLAGES, WILL

YOU YIELD?

MS. SOLAGES?

MS. SOLAGES: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

MR. ANGELINO: DOES THIS BILL, IF IT BECOMES LAW,

DOES THIS ALSO INCLUDE STATE PROPERTY?

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MS. SOLAGES: SO STATE PROPERTY IS ALREADY CURRENT

LAW, SO THIS WOULD EXTEND TO, AND I'LL JUST -- I'LL REPEAT IT FOR THE RECORD,

MUNICIPALITIES, FIRE DISTRICTS, VOLUNTEER FIRE COMPANIES, POLICE

DEPARTMENTS, SCHOOL DISTRICTS.

MR. ANGELINO: SO STATE LAW IS -- STATE PROPERTY IS

ALREADY COVERED IN A LAW THAT I'M NOT AWARE OF THAT EXISTS?

MS. SOLAGES: YEAH, PUBLIC SECTION LAW, BUILDING

146 -- I'M SORRY. PUBLIC BUILDING LAW - SORRY, EXCUSE ME - 146.

MR. ANGELINO: THANK YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

ANGELINO.

MR. ANGELINO: I BRING TO EVERYBODY'S ATTENTION,

AND IT SHOULDN'T BE HARD TO VERIFY, I BRING TO YOUR ATTENTION THE SECOND

FLOOR LOBBY, EAST SIDE OF THIS BUILDING, THAT BEAUTIFUL PAINTED CEILING

INCLUDES TWO CONFEDERATE FLAGS HAND-PAINTED, AND I HOPE THAT'S EXEMPT

OTHERWISE IT WOULD BE A SHAME TO HAVE TO GO IN THERE AND PAINT OVER

THOSE, BUT THIS VERY BUILDING INCLUDES THAT. AND I THINK THIS IS JUST

GOING TO BE A TERRIBLE VIOLATION OF FIRST AMENDMENT RIGHTS THAT MANY

PEOPLE HAVE -- HAVE UPHELD OVER THE YEARS, AS DISGUSTING AS IT MIGHT BE

AT TIMES, YOU STILL HAVE TO REALIZE THAT THE FIRST AMENDMENT IS IN PLACE

FOR A REASON.

THE -- I DON'T GET THE CONFEDERATE FLAG THING, THAT WAS

A SIDE THAT LOST THE WAR AND THAT WOULD BE THE EQUIVALENT OF ME HAVING

AN IRAQI FLAG SOME PLACE THAT I PROUDLY DISPLAYED. IT DOESN'T MAKE

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SENSE TO ME, BUT IT DOES TO OTHER PEOPLE AND SOME PEOPLE THINK THAT'S A

HERITAGE OF THEIR -- THEIR -- IN THEIR FAMILY LINEAGE SOME PLACE, BUT I JUST

WANTED TO BRING EVERYBODY'S ATTENTION THAT THERE'S CONFEDERATE FLAGS

RIGHT INSIDE THIS BUILDING. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

ANGELINO.

MR. BYRNE.

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

SPONSOR YIELD FOR A COUPLE QUICK QUESTIONS?

ACTING SPEAKER AUBRY: MS. SOLAGES?

MS. SOLAGES: YES, MR. SPEAKER.

MR. BYRNE: THANK YOU. JUST A COUPLE QUICK

QUESTIONS. ONE, I WANT TO CONFIRM SOMETHING - IF WE HAVE A COUNTY

PARK, WHICH WE'RE BLESSED, ATTRACTS A LOT OF DIFFERENT PEOPLE, THIS

PROHIBITION IS APPLYING TO THE MUNICIPALITY, AS YOU SAID QUITE A FEW

TIMES. IF A VISITOR COMES IN AND THEY HAVE A BUMPER STICKER WITH AN

OFFENSIVE SIGN OR FLAG, WOULD THAT BE INCLUDED IN THIS?

MS. SOLAGES: NO. THAT IS PERSONAL PROPERTY.

THIS ONLY APPLIES TO GOVERNMENT PROPERTY. AND JUST TO CLARIFY FOR THE

RECORD, IF IT'S IN A BOOK, OR DIGITAL MEDIA, MUSEUM OR OTHERWISE SERVES

AS AN EDUCATIONAL OR HISTORIC PURPOSE, IT IS EXEMPT FROM THIS -- THIS BILL.

SO YOU KNOW, FOR EXAMPLE, THE PRIOR SPEAKER MENTIONED THAT, YOU

KNOW, IF SOMETHING WAS A HISTORICAL PAINTING, YOU DON'T HAVE TO PAINT

OVER IT. THAT'S FOR HISTORICAL PURPOSES, YOU KNOW, SOME OF THAT -- THOSE

IMAGES.

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MR. BYRNE: UNDERSTOOD.

MS. SOLAGES: SO IF IT'S A PERSONAL CAR, IT'S PRIVATE

PROPERTY AND THIS IS NOT UNDER THE PURVIEW OF THE BILL.

MR. BYRNE: THANK YOU, AND I APPRECIATE THAT

CLARIFICATION FROM OUR PREVIOUS SPEAKER, AS WELL, BECAUSE WE ALSO, AT

PARKS SOMETIMES WE HAVE CIVIL WAR REENACTORS, SO I THINK THAT WILL BE

COVERED UNDER THAT EXEMPTION THAT YOU JUST OUTLINED, WHICH IS

IMPORTANT TO NOTE. FOLKS CAN GET OFFENDED OFTEN BY DIFFERENT WORDS, BY

DIFFERENT SYMBOLS. I ALWAYS TRY TO BE RESPECTFUL AND UNDERSTAND WHERE

OTHER PEOPLE ARE COMING FROM. SOME PEOPLE HAVE BEEN VERY OFFENDED

BY THE THIN BLUE LINE FLAG. WOULD THAT BE -- COULD BE CONSIDERED AS A

HATE SYMBOL UNDER THIS BILL? I WOULD NOT --

MS. SOLAGES: THAT DOESN'T APPLY TO THIS BILL. I'M

SORRY, EXCUSE ME. CAN YOU REPEAT YOUR QUESTION? I'M SORRY.

MR. BYRNE: SO THERE'S A LOT OF DIFFERENT SYMBOLS

THAT PEOPLE CAN BE OFFENDED BY. SOME PEOPLE, I'M NOT ONE OF THEM, ARE

OFFENDED BY THE THIN BLUE LINE FLAG, THE AMERICAN FLAG WITH THE THIN

BLUE LINE TO HELP REMEMBER LIVES LOST, PARTICULARLY LAW ENFORCEMENT. IT

HAS BEEN A FLAG TO SUPPORT MEN AND WOMEN IN BLUE, BUT SOME PEOPLE

ARE OFFENDED BY IT. WOULD THAT, OR COULD THAT BE CONSIDERED A HATE

SYMBOL UNDER THIS BILL?

MS. SOLAGES: SO YOU'RE SAYING THAT THAT FLAG IS

PLACED ON GOVERNMENT PROPERTY, ON TAXPAYER DOLLAR PROPERTY?

MR. BYRNE: IF IT -- IF IT WAS, COULD THAT BE -- YES. IF

SOMEONE HAD A THIN BLUE LINE FLAG AT, YOU KNOW, AT THEIR TOWN HALL

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SUPPORTING THEIR POLICE DEPARTMENT, FOR EXAMPLE, A POLICE DEPARTMENT

HAS IT THERE, OR A LIBRARY WANTS TO PUT THEIR LOCAL POLICE DEPARTMENT AND

THEY HAVE THAT FLAG ON DISPLAY, IS THAT GOING TO BE PROHIBITED? IS THAT

CONSIDERED A HATE SYMBOL? I MEAN -- BECAUSE -- THE REASON WHY I'M

ASKING IS YOU GIVE SPECIFICS, BUT IT'S ALSO -- IT SAYS THAT IT COULD BE -- IT'S

NOT LIMITED TO, SO IT COULD BE OTHER THINGS AND I'M JUST ASKING, QUITE

CANDIDLY, WOULD THAT FLAG WHICH, QUITE FRANKLY, WE HAVE SOME OF THEM

ON OUR MEMBER'S DESKS IN THIS CHAMBER, WOULD THAT BE INCLUDED?

MS. SOLAGES: SO IF YOU DEEMED A FLAG THAT, YOU

KNOW, SIGNIFIES, YOU KNOW, HONORING POLICE OFFICERS AS OFFENSIVE, YOU

KNOW, AND A LAW ENFORCEMENT AGENCY AGREES WITH YOU AND COMES ABOUT

AND SAYS THE FLAG HAS TO BE REMOVED, THEN THERE'S A PROCESS OR AVENUE

THAT CAN BE ADJUDICATED OR, YOU KNOW, GO BEFORE THE COURTS TO

DETERMINE WHETHER THAT IS DEEMED A SYMBOL OF HATE. BUT AGAIN, I DON'T

WANT TO GET INTO THE SEMANTICS OF DETERMINING ON THIS FLOOR DEBATE WHAT

IS A SYMBOL OF HATE BECAUSE WE COULD SIT HERE ALL NIGHT TALKING ABOUT SO

MANY DIFFERENT SYMBOLS, SO MANY DIFFERENT SIGNS, SO MANY DIFFERENT

FLAGS. YOU KNOW, THIS IS NOT THIS LEGISLATIVE HOUSE'S PURPOSE, WE'RE

JUST CLARIFYING THAT OF TAXPAYER, YOU KNOW, MONIES AND A PUBLIC

BUILDING, A SYMBOL OF HATE SHOULD NOT BE PLACED ON THAT.

MR. BYRNE: THANK YOU TO THE SPONSOR.

ON THE BILL.

ACTING SPEAKER ROZIC: ON THE BILL.

MR. BYRNE: THANK YOU, SPEAKER. I APPRECIATE THE

CLARIFICATION ABOUT THE EXEMPTIONS ON THE -- FOR -- FOR HISTORY AND

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EDUCATION, THAT'S VERY IMPORTANT. I'M A LITTLE CONCERNED WITH THE ANSWER

OF HOW THE THIN BLUE LINE FLAG, I WAS HOPING I WOULD GET A VERY

SIMPLE, SHORT ANSWER, NO. THE FACT THAT THAT WAS NOT THE ANSWER IS A BIT

ALARMING TO ME THAT THIS COULD BE INTERPRETED IN OTHER WAYS. PEOPLE ARE

OFFENDED BY A LOT OF DIFFERENT THINGS AND, AGAIN, I RESPECT OTHER PEOPLE'S

OPINIONS AND BELIEFS, AND I CERTAINLY DON'T WANT ANY TOWN HALL, ANY

COUNTY PARK HAVING A SWASTIKA, HAVING A CONFEDERATE FLAG. I THINK JUST

THE THOUGHT OF IT IS DISGUSTING, BUT I DON'T WANT PEOPLE TO INTERPRET THIS

IN A DIFFERENT WAY AND ALL OF A SUDDEN GOING AFTER OUR LOCAL

MUNICIPALITIES FOR TRYING TO SUPPORT OUR MEN AND WOMEN IN LAW

ENFORCEMENT. SO AFTER THAT, I THINK I'M GOING TO BE VOTING NO.

ACTING SPEAKER ROZIC: MR. BYRNE IN THE

NEGATIVE.

MR. FITZPATRICK.

MR. FITZPATRICK: YES, THANK YOU, MADAM

SPEAKER. WOULD THE SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER ROZIC: WILL YOU YIELD?

MS. SOLAGES: YES, MR. SPEAKER -- OR MADAM

SPEAKER.

ACTING SPEAKER ROZIC: THE SPONSOR YIELDS.

MR. FITZPATRICK: THANK YOU. MICHAELLE, I -- I

JUST, YOU KNOW, WE LIVE IN INTERESTING TIMES, AT TIMES VERY STRANGE

TIMES. WHAT -- LET'S JUST RUN THROUGH A LITTLE EXERCISE HERE. LET'S SAY FOR

ARGUMENT'S SAKE, A MUNICIPALITY IN NEW YORK STATE IS, SAY, CONTROLLED

BY A GROUP THAT BELIEVES THE RED, WHITE, AND BLUE OF THE AMERICAN

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FLAG IS A SYMBOL OF HATE AND THEY DECIDE WE ARE -- YOU KNOW, THIS IS A

SYMBOL OF HATE IN OUR VIEW, WE ARE NOT GOING TO DISPLAY IT IN OUR

MUNICIPALITY. WOULD THAT BE -- WOULD THAT BE ACCEPTABLE UNDER YOUR

BILL?

MS. SOLAGES: IT'S APPALLING THAT IT WOULD BE

SUGGESTED THAT THE AMERICAN FLAG IS A SYMBOL OF HATE OR COULD BE

DEEMED A SYMBOL OF HATE --

MR. FITZPATRICK: NO, I --

MS. SOLAGES: YOU KNOW, I LIVE (INAUDIBLE) SO,

YOU KNOW...

MR. FITZPATRICK: MICHAELLE, THERE ARE PEOPLE

WHO DO BELIEVE THAT AND I'M JUST, YOU KNOW, HOW WOULD YOUR BILL

HANDLE A SITUATION LIKE THAT IF A -- IF A MUNICIPALITY -- YOU KNOW, WE

HAVE MANY MUNICIPALITIES IN THE STATE OF NEW YORK. IF -- IF ONE GROUP

DECIDED, TOOK A -- YOU KNOW, BECAME A MAJORITY AND SAID, WE ARE NOT

GOING TO DISPLAY THE AMERICAN FLAG BECAUSE WE BELIEVE IT'S A SYMBOL OF

HATE, THAT WOULD BE, OBVIOUSLY, CONTROVERSIAL, BUT IT'S NOT BEYOND THE

REALM OF POSSIBILITY THAT, YOU KNOW, THE ORGANIZATION OR WHOEVER IS

RESPONSIBLE IN ALBANY TO DETERMINE THAT, MAY AGREE WITH THEM. YOU'VE

OPENED A CAN OF WORMS WITH SOMETHING LIKE THIS, HAVE YOU NOT?

MS. SOLAGES: I JUST, YOU KNOW...

MR. FITZPATRICK: I DON'T THINK IT'S FUNNY, IT'S A

SERIOUS QUESTION.

MS. SOLAGES: YEAH, I JUST -- I GUESS MY LAUGHTER

IS JUST, IS THE THOUGHT OF THAT, YOU KNOW, OUR RED, WHITE, AND BLUE FLAG

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WOULD BE DEEMED AS A OR EVEN ASSOCIATED WITH A SYMBOL OF HATE. BUT

AGAIN, IT'S DETERMINED BY ANY ENFORCEMENT AGENCY, YOU KNOW, THE

ATTORNEY GENERAL OR AN APPROPRIATE AGENCY THAT CAN GO BEFORE A COURT,

AND THE COURT WOULD MAKE THAT DETERMINATION. SO IF THERE EVER IS AN

INSTANCE, YOU KNOW, THERE IS A PATHWAY FOR US TO PROTECT THAT RED,

WHITE, AND BLUE FLAG. BUT ONCE AGAIN, YOU KNOW, WE'RE TALKING ABOUT

FIGHTING WORDS, SO THE SUPREME COURT HAS HELD THAT, YOU KNOW, THERE'S

NO PROTECTION FOR OBSCENE -- OBSCENITIES, CHILD PORNOGRAPHY, SPEECH

THAT CONSTITUTES WIDELY AS FIGHTING WORDS. SO YOU KNOW, IF SOMEONE

DEEMS THE FLAG OF THE UNITED STATES AS FIGHTING WORDS, YOU KNOW, I JUST

-- I DON'T THINK THAT, YOU KNOW, A COURT WOULD -- WOULD RECOGNIZE THAT

FOR, REMEMBER, A GOVERNMENT BUILDING. YOU KNOW -- AND MY BELIEF IS

THAT THE GOVERNMENT BUILDING IS ALSO REQUIRED TO HAVE THE FLAG FLOWN --

THE UNITED STATES FLAG.

MR. FITZPATRICK: OKAY, VERY WELL. THANK YOU,

MICHAELLE. THANK YOU, MR. [SIC] SPEAKER.

MS. SOLAGES: THANK YOU.

ACTING SPEAKER ROZIC: MR. AUBRY.

MR. AUBRY: ON THE BILL, MADAM SPEAKER.

ACTING SPEAKER ROZIC: ON THE BILL.

MR. AUBRY: SO I JUST WANTED TO WALK DOWN

MEMORY LANE. IT WAS MENTIONED THAT THERE ARE THE CONFEDERATE FLAGS

ARE SHOWN IN THE CEILINGS OF THE BUILDING. WHEN I WAS SERVING AS CHAIR

OF THE BLACK AND PUERTO RICAN CAUCUS WITH GOVERNOR PATAKI AS THE

GOVERNOR AT THAT TIME, WE DISCOVERED THAT THE STARS AND BARS WERE

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FLYING IN THE FLAG ROOM, WHICH WAS DOWNSTAIRS. AND BETWEEN THE

GOVERNOR AND MYSELF AND THE SENATE MEMBERS, WE REMOVED THE FLAG,

RECOGNIZING WHAT IT SYMBOLIZED. JUST TO LET YOU KNOW THAT THERE'S AN

AMOUNT OF COMMON SENSE RELATIVE TO WHAT IS ABOUT -- WHAT HATE IS AND

WHAT HATE ISN'T. AND I THINK SOMEBODY SAID WHEN I MAY NOT BE ABLE TO

DESCRIBE IT TO YOU, BUT WHEN I SEE IT, I KNOW WHAT IT IS. AND SO I THINK

THAT MAKES SENSE, AND IT'S SOMETHING THAT HAS BEEN PRACTICED IN THIS

STATE FOR SOME TIME AGO.

I THINK THE BILL ITSELF IS MERELY SAYING, AS I UNDERSTAND

IT, THAT THEY'RE -- AT THE LOCAL LEVEL, WE'RE TELLING FOLKS YOU SHOULD NOT

ALLOW SYMBOLS OF HATE TO BE DISPLAYED ON PUBLIC PROPERTY, AND THAT

THERE'S A WAY IN WHICH TO DETERMINE, IF THERE'S AN ARGUMENT, TO DECIDE

WHAT IS A SYMBOL OF HATE, BECAUSE IT MAY CHANGE OVER TIME. I DON'T

THINK IT'LL EVER GO TO WHERE ONE OF MY COLLEAGUE'S SUGGESTED THAT THE

FLAG IS A SYMBOL OF HATE, BUT IT DOES ALLOW FOR LOCAL DISCUSSION, JUDGES,

THE SAME WAY WE MANAGE TO SOLVE THE DISPUTES IN THIS COUNTRY, IT

ALLOWS IT TO GO THAT WAY IF THAT IS THE CASE, AND IT WOULD ALLOW THE

CURRENT INTERPRETATION OF WHAT HATE MIGHT BE AND WHAT HATE SYMBOLS

MIGHT BE. SEEMS LOGICAL TO ME THAT THAT WOULD BE THE WAY TO HANDLE

THAT. WOULD YOU WANT AN AUTOMATIC SITUATION BANNING IT PERIOD OR ANY

GIVEN THING? I DON'T THINK YOU WOULD, AND NOR WOULD I SUPPORT IT.

SO I THINK WE SHOULD BACK UP FROM THE IDEA THAT THERE

MAY BE SOME THINGS THAT ARE CONTROVERSIAL, RECOGNIZING THAT THERE IS A

PROCESS FOR DETERMINING THAT AND THAT THE SPONSOR LEAVES IT IN A LOGICAL

PLACE FOR THAT DETERMINATION TO BE MADE. AND I WILL SUPPORT THE BILL.

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THANK YOU, MADAM SPEAKER.

ACTING SPEAKER ROZIC: THANK YOU.

MR. LAVINE.

MR. LAVINE: THANK YOU, MADAM SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER ROZIC: MS. SOLAGES, DO YOU

YIELD?

MS. SOLAGES: YES.

ACTING SPEAKER ROZIC: THE SPONSOR YIELDS.

MR. LAVINE: MS. SOLAGES, I THINK THIS IS A GREAT

BILL, BUT I COME TO THIS WITH A CERTAIN BIAS, AND I THINK YOU KNOW THAT

BIAS. BUT I DO WANT TO SPEAK TO YOU ABOUT THE WAR ROOM. I WAS QUITE

AMUSED EARLIER TO HEAR SOMEONE SPEAK ABOUT THE CONFEDERATE FLAG AS

BEING SOME SORT OF SYMBOL OF VIRTUE, BECAUSE IT'S DEPICTED IN THE WAR

ROOM IN OUR CAPITOL. SO MS. SOLAGES, IT'S DEPICTED TWO TIMES AND IN

ONE INSTANCE, IT'S BEING HELD BY A CONFEDERATE SOLDIER WHO IS BEING SHOT

TO DEATH BY A SOLDIER FROM NEW YORK. WE ARE AWARE OF THAT, ARE WE

NOT? YES.

MS. SOLAGES: YES.

MR. LAVINE: AND IN THE SECOND INCIDENT --

INSTANCE, IT'S BEING DEPICTED AS A WAR TROPHY CAPTURED BY A NEW YORK

SOLDIER WHO WAS FIGHTING AGAINST SLAVERY. STATES RIGHTS MEANT SLAVERY;

ANY QUESTION ABOUT THAT?

MS. SOLAGES: AS JUSTICE STEWART SAID, "I KNOW IT

WHEN I SEE IT."

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MR. LAVINE: AND, MS. SOLAGES, I WAS ALSO

SOMEWHAT AMUSED, AND AMUSED ISN'T THE RIGHT WORD AS SOMEONE WHOSE

ENTIRE FAMILY WAS BUTCHERED IN THE RITUAL SLAUGHTER OF A CIVILIAN JEWISH

POPULATION BY THE MOST -- BY THE MOST MODERN ARMY IN WORLD HISTORY

DURING THE SECOND WORLD WAR, BUT WE KNOW THE DIFFERENCE, DO WE NOT,

BETWEEN A NAZI FLAG AND ANOTHER FLAG?

MS. SOLAGES: YES, IT'S QUITE CLEAR AND, AS I SAID

BEFORE, THERE'S A PROCESS THAT CAN DETERMINE WHETHER THAT IS, YOU KNOW,

CONSIDERED A SYMBOL OF HATE OR THAT IS CONSIDERED ANOTHER SYMBOL THAT

MIGHT BE SACRED TO SOME INDIVIDUAL.

MR. LAVINE: AND MY FRIEND, YOU DO KNOW THAT TO

ME, THE CONFEDERATE FLAG IS THE EQUAL OF THE NAZI FLAG.

MS. SOLAGES: IT IS -- IT WAS TREASON AMONGST THE

UNITED STATES SO, YOU KNOW, I HAVE TO AGREE WITH YOU.

MR. LAVINE: AND, MY FRIEND, YOU KNOW HOW

DISGUSTED I WAS WHEN A CONFEDERATE FLAG WAS PORTRAYED BY SOME

PEOPLE INVOLVED IN THE GOVERNMENT OF LONG ISLAND SOME YEARS AGO.

MS. SOLAGES: EXACTLY. AND, YOU KNOW, WE DON'T

WANT TAXPAYER DOLLARS TO BE USED IN THAT WAY. WE DON'T WANT

GOVERNMENT PROPERTY TO BE USED IN THAT WAY AND SO, YOU KNOW, THIS BILL

ENSURES THAT WE HAVE THIS ENSHRINED IN LAW.

MR. LAVINE: AND AFTER JANUARY 6TH, AFTER THE

EVENTS OF JANUARY 6TH, WE KNOW HOW IMPORTANT IT IS TO DISTINGUISH

BETWEEN FREE SPEECH AND HATE SPEECH.

MS. SOLAGES: EXACTLY. WELL SAID.

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MR. LAVINE: I THINK I'M GOING TO VOTE FOR THIS BILL.

THANK YOU.

MS. SOLAGES: I THANK YOU.

(PAUSE)

MR. PICHARDO: I'M NOT SURE IF I WAS RECOGNIZED.

ACTING SPEAKER AUBRY: YOU ARE RECOGNIZED.

I'M SORRY, I WAS OFF, NOT YOU.

MR. PICHARDO: NO WORRIES, MR. SPEAKER. WOULD

THE SPONSOR YIELD, SIR?

ACTING SPEAKER AUBRY: MS. SOLAGES, WILL

YOU YIELD?

MS. SOLAGES: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PICHARDO: THANK YOU, MY COLLEAGUE, MR.

SPEAKER. I KNOW THE NIGHT IS LONG AND CLEARLY IT'S -- SEEMS LIKE IT'S

GETTING LONGER. I'LL BE -- I'LL BE VERY BRIEF. JUST TO MAKE SURE THAT WE'RE

ALL CLEAR HERE, TO THE SPONSOR -- MR. -- THROUGH YOU, MR. SPEAKER, IS IT

THE SPONSOR'S INTENTION TO DELINEATE EVERY SINGLE SYMBOL OF HATE IN THIS

SPECIFIC PIECE OF LEGISLATION THAT WOULD BE POTENTIALLY NOT ALLOWED TO BE

FLOWN OR DISPLAYED IN ANY MUNICIPAL BUILDING HERE IN THE STATE OF NEW

YORK?

MS. SOLAGES: NO. WE'RE JUST SAYING THAT, YOU

KNOW, WE'RE -- WE'RE FOLLOWING THE PATTERN AFTER THE GROUNDBREAKING

LEGISLATION THAT WAS SIGNED BACK IN 2020 THAT WOULD EXTEND THE

PROHIBITION ON DISPLAYS AND THE SALE OF SYMBOL OF HATES [SIC]. YOU

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KNOW, WE KNOW THAT HATE HAS NO PLACE IN NEW YORK AND SO WANT TO

ENSURE THAT GOVERNMENT, YOU KNOW, MUNICIPALITIES, GOVERNMENTS, FIRE

DEPARTMENTS, POLICE DEPARTMENTS, ARE NOT, YOU KNOW, PUTTING UP

SYMBOLS OF HATE.

MR. PICHARDO: AND JUST TO MAKE SURE, MR.

SPEAKER, THROUGH YOU, IS IT THE SPONSOR'S INTENTION TO LIMIT AN

INDIVIDUAL'S -- A PERSON'S FREEDOM OF SPEECH THROUGH THE -- THE FIRST

AMENDMENT?

MS. SOLAGES: SO THIS PIECE OF LEGISLATION DOES NOT

APPLY TO AN INDIVIDUAL AS A PRIVATE CITIZEN, IT ONLY APPLIES TO

GOVERNMENT PROPERTY, AS I MENTIONED BEFORE.

MR. PICHARDO: OKAY.

MS. SOLAGES: AND IT EXEMPTS, YOU KNOW, OF

COURSE AS I SAID BEFORE, YOU KNOW, YOU KNOW, BOOKS, DIGITAL MEDIUMS,

MUSEUMS OR OTHERWISE ITEMS THAT SERVE AS AN EDUCATIONAL OR HISTORICAL

PURPOSE. SO WE'RE JUST -- JUST SAYING THAT, YOU KNOW, SYMBOLS OF HATE,

WHITE SUPREMACY, NEO-NAZISM, YOU KNOW, THE BATTLE FLAG OF THE

CONFEDERACIES ARE JUST -- THEY'RE NOT APPROPRIATE TO HAVE ON

GOVERNMENT PROPERTY.

MR. PICHARDO: SO LAST QUESTION. SO JUST TO MAKE

SURE THAT WE'RE CLEAR, SO WHAT THIS BILL WOULD DO IS BASICALLY LIMIT A --

THE -- SOMEONE IN THEIR OFFICIAL CAPACITY OR A VOLUNTEER FIREFIGHTER OR IN

THOSE TYPE OF CAPACITIES TO FLY CONTEXTUALLY INFLAMMATORY ICONOGRAPHY.

I KNOW IT WAS -- IT WAS REFERENCED CERTAIN FLAGS DURING THE WORLD WAR

II ERA, CERTAIN REFERENCE FLAGS DURING THE CIVIL WAR ERA, AND ALSO SOME

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-- SOME MODERN CONTEXT. BUT AGAIN, JUST TO MAKE SURE THAT WE'RE CLEAR,

MADAM SPEAK -- TO THE SPONSOR, YOU'RE NOT TRYING TO DELINEATE EVERY

SINGLE INSTANCE IN WHAT SHOULD BE LIMITED, BUT RATHER CREATE THE ABILITY

AND THE OPPORTUNITY FOR THE MUNICIPALITIES TO REDRESS IF THERE WAS

SOMETHING AS EGREGIOUS AS, LET'S SAY, A NAZI FLAG FLYING BEHIND A -- A

FIRE ENGINE IN EITHER MY DISTRICT OR ANYBODY'S DISTRICT.

MS. SOLAGES: YES. TO FOLLOW YOUR -- YOUR

EXAMPLE, YOU KNOW, LET'S SAY A FIREFIGHTER ON THE JOB WERE TO PUT UP A

CONFEDERATE FLAG ON THE FIRE TRUCK WHICH IS CONSIDERED GOVERN --

GOVERNMENT PROPERTY, IT WOULD BE -- IT WOULD BE CONSIDERED A VIOLATION

-- NOT A VIOLATION OF HIS OR HER FIRST AMENDMENT RIGHTS, BUT IT WOULD

BE, YOU KNOW, A VIOLATION OF THE -- OF THIS LAW IF IT WERE SIGNED BY THE

GOVERNOR. AND, YOU KNOW, THE SUPREME COURT OF THE UNITED STATES

HAVE RULED THAT PUBLIC EMPLOYEES MAKING STATEMENTS PURSUANT TO THEIR

OFFICIAL DUTIES ARE NOT SPEAKING AS PRIVATE CITIZENS, BUT AS EMPLOYEES

WHICH DEEMED, YOU KNOW, GOVERNMENT -- GOVERNMENT AGENTS.

MR. PICHARDO: AGAIN, AS YOU SAID, IT'S -- IT'S FAIR

TO SAY THAT THESE WOULD BE REPRESENTATIVES OF GOVERNMENT EFFECTIVELY IN

SAYING THAT THE GOVERNMENT WOULD CONCEPTUALIZE AND ALLOW FOR THIS

TYPE OF SPEECH IN THIS CONTEXT WOULD NOT BE ALLOWED IN LOCAL

MUNICIPALITIES, IS THAT CORRECT?

MS. SOLAGES: THAT IS CORRECT.

MR. PICHARDO: THAT'S ALL I WANTED TO ASK. THANK

YOU, MR. SPEAKER, AND THANK YOU TO THE SPONSOR. I PLAN TO SUPPORT THIS

LEGISLATION. THANK YOU.

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MS. SOLAGES: THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4615. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES -- EXCUSE ME. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MAJORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU. OBVIOUSLY AS I'VE

SPOKEN EARLIER, I HAVE GREAT CONCERNS WHEN WE TRY TO LEGISLATE SPEECH, I

-- I MENTIONED THAT CONCERN. AND DURING THE COURSE OF THE DEBATE, I

HAD THE GOOD FORTUNE OF ALLOWING OR ASKING AND BENEFITTING FROM MY

COLLEAGUE, THE ASSISTANT FLOOR LEADER, TAKING OVER WHILE I WENT DOWN

TO THE WAR ROOM, AND IT'S REALLY SHOCKING. I MEAN, THE WAR ROOM IS

FILLED WITH ONE MURAL AFTER ANOTHER OF ABSOLUTE UNMITIGATED HATRED. I

MEAN, IT'S JUST SHOCKING IF YOU LOOK AT IT FROM THAT PERSPECTIVE. AND

SADLY, SYMBOLS OF HATE ARE VERY PERSONAL. THE STAR OF DAVID IS NO

DOUBT THE SYMBOL OF HATRED IN GAZA, AND UNDERSTANDABLY. SO NO ONE

SHOULD BE DISPLAYING SYMBOLS OF HATE, AND I THINK IT'S THE RESPONSIBILITY

OF ALL OF US TO BE SENSITIVE TO THAT. AND I WAS LOOKING UNSUCCESSFULLY IN

THE BIBLE FOR A QUOTE - I SHOULD HAVE ASKED CRYSTAL, SHE PROBABLY HAS IT

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MEMORIZED - WHERE I THINK IT WAS PAUL WAS SAYING, YEAH IT'S LAWFUL TO

EAT MEAT, BUT IF IT OFFENDS SOMEBODY, DON'T DO IT. AND THAT'S THE POLICY

WE SHOULD HAVE, SHOULDN'T WE, IN GOVERNMENT? WE SHOULD BE HERE AND

WE SHOULD BE OPEN AND RESPECTFUL FOR EVERYONE.

AND SO I'LL SUPPORT THIS, BUT I AM EXTRAORDINARILY

CONCERNED THAT WE BE VERY, VERY CAREFUL WHEN WE TRY TO DEAL WITH WHAT

ARE VERY SUBJECTIVE PERCEPTIONS THAT ONE PERSON SEES AS A SYMBOL OF

FAITH, LIKE THE STAR OF DAVID, AND ANOTHER PERSON SEES AS A HATE SYMBOL.

AND SO WE JUST NEED TO BE VERY SENSITIVE TO THAT. BUT AS A GENERAL RULE,

REFERRING TO OUR -- ALL OF OUR MUNICIPALITIES, WE SHOULD AVOID THOSE

TYPES OF SYMBOLS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MS. WALSH TO EXPLAIN

HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. MY FEELINGS

ARE VERY SAME SIMILAR TO THOSE EXPRESSED BY THIS -- THE PREVIOUS

SPEAKER. I REMEMBER VERY VIVIDLY LAST YEAR MEETING WITH MEMBERS OF

THE HINDU COMMUNITY THAT ARE IN MY DISTRICT, AND THEY WERE VERY

CONCERNED BECAUSE FOR THEM, THE SWASTIKA IS AN ANCIENT RELIGIOUS ICON

THAT IS USED AS A SYMBOL OF DIVINITY AND SPIRITUALITY. IT DOESN'T HAVE THE

MEANING THAT WE ASSOCIATE WITH THE SWASTIKA WHICH IS -- WHICH IS

FORMED IN A SLIGHTLY DIFFERENT WAY THAT WAS USED BY NAZI GERMANY. SO

AGAIN, I DO THINK, AS MR. GOODELL, INDICATED I -- I FEEL THE SAME WAY. I

THINK THAT NONE OF US WANT TO SEE SYMBOLS OF HATRED, BUT I THINK THAT THE

-- AND I WILL SUPPORT THE BILL, I JUST THINK THAT IT CAN BE VERY SUBJECTIVE

AND VERY PERSONAL. YOU KNOW, MY MOM USED TO TALK ABOUT THINGS

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BEING TEACHABLE MOMENTS. I THINK THAT SOMETIMES, YOU KNOW, I

CERTAINLY LEARNED A LOT FROM THE INDIVIDUALS, MY CONSTITUENTS THAT MET

WITH ME AND EDUCATED ME ABOUT SOMETHING I DIDN'T KNOW, NONE OF US

WANT TO SEE HATE SYMBOLS DISPLAYED ON GOVERNMENT PROPERTY OR,

FRANKLY, ANYWHERE ELSE. BUT WHILE I WILL SUPPORT THE BILL, IT DOES -- IT

DOES TROUBLE ME A LITTLE BIT THE WAY THAT IT'S WORDED, BUT THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO EXPLAIN MY VOTE. I -- I THINK THAT PERHAPS THE PROBLEM IS PEOPLE

AREN'T SUFFICIENTLY EDUCATED MAYBE, BUT IT'S REALLY CLEAR THAT WHILE A

SYMBOL THAT IS SEEN IN BOTH NATIVE AMERICAN AND HINDU ICONOGRAPHY

THAT IS IN THE SHAPE OF A SWASTIKA IS DRAMATICALLY DIFFERENT THAN A VERY

CLEAR SWASTIKA, BLACK ON A WHITE BORDER WITH A RED SURROUND. IT IS VERY

CLEAR WHAT THAT MESSAGE IS WHEN PEOPLE DISPLAY THAT. AND IT IS TO

INTIMIDATE, IT IS TO INFLAME, AND I THINK THAT IT'S QUITE CLEAR THAT IN AN

EDUCATED SOCIETY, WE CAN MAKE THESE DIFFERENTIATIONS. AND I WILL JUST

SAY THAT THE NOTION THAT THERE ARE THINGS THAT ARE CALLED, YOU KNOW,

POLITICAL CORRECTNESS, THAT'S WHAT MY GRANDMOTHER CALLED MANNERS. I

WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MR. LAVINE.

MR. LAVINE: THANK YOU. THE ARTISTRY DEPICTED IN

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THE WAR ROOM SHOWS THE BRUTALITY OF AMERICAN HISTORY, GOOD, BAD OR

INDIFFERENT, THAT IS THE WAY IT WAS. AND THAT IS THE HISTORY THAT MUST BE

TAUGHT TO ALL OF OUR CHILDREN. MANY OF THOSE WILL VOTE AGAINST THIS WILL

DISAGREE WITH ME SUBSTANTIALLY ON THIS PARTICULAR ISSUE, BUT IF WE DON'T

UNDERSTAND OUR HISTORY, WE CANNOT DO BETTER IN THE FUTURE. AND WE

MUST DO BETTER IN THE FUTURE. THE STAR OF DAVID AS A SYMBOL OF HATRED,

INTERESTING. IT'S A SYMBOL OF HATRED IN GAZA. IT'S A SYMBOL OF HATRED IN

KKK CONVENTIONS. IT'S NOT A SYMBOL OF HATRED IN THE UNITED STATES. I

AM SOMEWHAT APPALLED THAT THAT WAS USED AS AN EXAMPLE OF THE LACK OF

OBJECTIVITY, OF SUBJECTIVITY.

THIS IS AN IMPORTANT BILL. I AM VERY PLEASED TO VOTE

FOR IT. WE MUST GET BEYOND THE HATRED WE HAVE IN THIS NATION. THERE IS

-- THIS IS AN ISSUE THAT DIVIDES US SUBSTANTIALLY, PHILOSOPHICALLY IN OUR

POLITICAL PARTIES, AND I AM VERY PLEASED TO BE PART OF A POLITICAL PARTY

THAT DOES NOT BELIEVE IN THE DEFENSE OF HATRED. YOU CANNOT YELL FIRE IN A

CROWDED MOVIE THEATER, THERE'S NOTHING NOVEL OR UNIQUE ABOUT THAT.

WE ARE AT A CRISIS MODE. WE DAMN WELL BETTER WAKE UP. VERY PLEASED

TO VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BURKE.

MR. BURKE: I JUST WANTED TO THANK THE SPONSOR FOR

THIS BILL. AND I WANT TO MAKE IT CLEAR, SOME OF THE EXAMPLES THAT WERE

USED ON GOVERNMENT PROPERTY I FEEL AS THOUGH PEOPLE ARE -- ARE SORT OF

INTERTWINING PEOPLE'S PERSONAL VIEWS, THEIR PERSONAL RIGHT TO EXPRESS

THEMSELVES AND GOVERNMENT EMPLOYEES OR GOVERNMENT -- PEOPLE WHO

REPRESENT GOVERNMENT ENTITIES, USING THAT GOVERNMENT ENTITY THAT IS

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OURS, THAT IS THE PUBLIC'S, FOR THEIR OWN PERSONAL VALUES, TO EXPRESS THEIR

VALUES THROUGH OUR -- THROUGH -- THROUGH GOVERNMENT BUILDINGS OR

GOVERNMENTLY -- GOVERNMENT-OWNED PROPERTY WHICH IS ALWAYS

INAPPROPRIATE, WHETHER YOU -- YOU KNOW, MANY OF THESE THINGS MAY BE

SUBJECTIVE, BUT IT'S INAPPROPRIATE TO APPLY YOUR BELIEFS AND YOUR

POLITICAL BELIEFS OR SYMBOLS OF HATRED ON GOVERNMENT PROPERTY; IT'S

VERY, VERY SIMPLE AND I'M VERY HAPPY TO -- TO SUPPORT THIS BILL. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. WALCZYK.

MR. WALCZYK: YEAH, THANKS, MR. SPEAKER, JUST

WANTED TO RISE TO EXPLAIN MY VOTE. HEARD SOME GREAT DIALOGUE ABOUT

SYMBOLS OF HATE AND A LOT OF DIFFERENT OPINIONS IN THIS CHAMBER TONIGHT

ABOUT WHAT A SYMBOL OF HATE LOOKS LIKE. SO I JUST -- I'M GOING TO VOTE

NO ON THIS BILL AND IT'S NOT, YOU KNOW, I DON'T THINK IT'S APPROPRIATE FOR A

LOCAL MUNICIPALITY OR ANY GOVERNMENTAL ENTITY TO DISPLAY THE FLAG OF THE

LOSERS OF THE CIVIL WAR OR OF THE LOSERS OF WORLD WAR II OR ANY VERY

CLEAR SYMBOL OF HATE THAT WE AGREE AS AMERICANS IS NOT COOL AS A -- AS A

LOCAL GOVERNMENT OR ANY GOVERNMENTAL ENTITY TO DISPLAY, RIGHT, THOSE

ARE THE OBVIOUS ONES. BUT JUST THE DIALOGUE AROUND THIS CHAMBER

TONIGHT IS SUGGESTIVE TO ME THAT WE MIGHT BE OPENING UP OUR

MUNICIPALITIES TO LOT OF DIFFERENT TYPES OF LAWSUITS BECAUSE OF THE

VARYING OPINIONS ABOUT WHAT MIGHT BE CONSIDERED A SYMBOL OF HATE.

EVEN THE SPONSOR OF THE BILL COULD NOT SAY THE BLUE -- THE THIN BLUE

LINE FLAG, COULDN'T SAY THIS IS NOT A SYMBOL OF HATE, RIGHT? SO LEAVING

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THE DOOR OPEN FOR YOUR POLICE DEPARTMENT OR YOUR FIRE DEPARTMENT THAT

WANTS TO BE PROUD TO BE A FIREFIGHTER OR A POLICE OFFICER AND SHOW THAT

ON A FLAG, WHICH I WOULD SAY IN MY DISTRICT, NOT A SYMBOL OF HATE,

SOMEWHERE ELSE MAY CONSIDER IT, AND I JUST DON'T WANT TO OPEN THEM TO

FRIVOLOUS LAWSUITS IN THE STATE OF NEW YORK. SO I WITHDRAW MY

REQUEST AND I'LL BE VOTING NO.

ACTING SPEAKER AUBRY: MR. GANDOLFO.

MR. GANDOLFO: THANK YOU, MR. SPEAKER. AS

MUCH AS I WANT TO SUPPORT THIS BILL, I -- I JUST CAN'T DO IT. IT'S TOO

OPEN-ENDED, IT'S TOO SUBJECTIVE. THERE ARE PLENTY OF SYMBOLS IN OUR

SOCIETY THAT WE CAN UNIVERSALLY AGREE THAT THEY'RE HATEFUL. THE

SWASTIKA, FOR ONE; THE CONFEDERATE FLAG, THEY LOST THE CIVIL WAR,

MUNICIPALITIES SHOULD NOT BE FLYING THEIR FLAG. WE CAN ALL AGREE ON

THAT. BUT AS MY COLLEAGUE JUST MENTIONED, THE SPONSOR OF THE BILL COULD

NOT SAY THAT THE THIN BLUE LINE FLAG WAS NOT A SYMBOL OF HATE. NOW,

FOR MYSELF, I VIEW THAT AS A POLICE MEMORIAL FLAG, A FLAG THAT SHOWS

RESPECT AND REMEMBRANCE FOR POLICE OFFICERS WHO WERE LOST IN THE LINE

OF DUTY, BUT TO OTHERS SOME MIGHT SEE THAT AS A SYMBOL OF HATE. OVER, I

THINK IT WAS JUST YESTERDAY, A PROMINENT NEW YORK TIMES COLUMNIST

SAID SHE WAS DISTURBED SEEING DOZENS AND DOZENS OF AMERICAN FLAGS

FLYING ON LONG ISLAND BECAUSE SHE FEELS THAT THE AMERICAN FLAG HAS

BEEN COOPTED BY WHITE SUPREMACY. SO THESE ARE WILDLY SUBJECTIVE

OPINIONS AND WE'RE JUST OPENING UP MUNICIPALITIES TO A HEADACHE OF

LAWSUITS.

NOW AS MUCH AS I WANT TO -- NO ONE SHOULD BE

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DISPLAYING SYMBOLS OF HATE, I THINK WE COULD AGREE ON THAT, BUT WHAT

WE'RE NEVER GOING TO ALL AGREE ON IS WHAT EVERY SYMBOL OF HATE IS. SO I

HAVE MASSIVE CONCERNS WITH THE VAGUENESS OF THIS AND I -- I JUST CAN'T

SUPPORT THE BILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

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

TO EXPLAIN MY VOTE. YOU KNOW, WE'VE HEARD A LOT OF THINGS AROUND THE

-- THE FLOOR TONIGHT AND ONE OF THE THINGS I'M CONCERNED ABOUT, AS SOME

OF MY COLLEAGUES HAVE SAID, IS THAT WE'RE -- WE'RE GOING TO PUT OUR

MUNICIPALITIES IN A -- IN A BAD SITUATION. BEING ON A FORMER TOWN BOARD

WHERE YOU HAVE FIVE MEMBERS, IF YOU GET THREE OF THOSE MEMBERS ON

THAT TOWN BOARD THAT VIEW A CERTAIN FLAG IN THAT COMMUNITY AS A SYMBOL

OF HATE, WE'RE GOING TO CHANGE. THEY'RE GOING TO CHANGE THAT FOR THAT

TOWN, THAT COMMUNITY. MAYBE NOT THE COMMUNITIES AROUND IT, WITHOUT

-- WITHOUT REALLY FINE LINES OF WHAT SYMBOLS OF HATE ARE, WHERE WE'RE

JUST PUTTING THIS AND KICKING THIS CAN DOWN THE ROAD TO PUT IT UPON OUR

MUNICIPALITIES, OUR FIRE DISTRICTS, OUR SCHOOLS. AND IF WE COULD HAVE

THOSE FINE LINES AND A -- A COMPLETE DISTINCTION OF WHAT SYMBOLS OF HATE

ARE, IF WE'RE GOING TO MAKE THE LAW WE SHOULD GIVEN THEM THE -- THE

TOOLS TO MAKE SURE THEY DO WHAT THEY NEED TO DO. SO I -- I, TOO, CANNOT

SUPPORT THIS. I THINK IT'S A GOOD BILL, I DON'T WANT SYMBOLS OF HATE, BUT

THIS IS JUST TOO VAGUE AND TOO GRAY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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THE BILL IS PASSED.

PAGE 16, RULES REPORT NO. 442, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00133-B, RULES REPORT

NO. 442, SENATOR MAYER (ROZIC--A05698-B). AN ACT TO AMEND THE

GENERAL BUSINESS LAW, IN RELATION TO ESTABLISHING A SET GRACE PERIOD FOR

THE USE OF CREDIT CARD REWARD POINTS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT -- TAKE EFFECT

ON THE 365TH DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 133-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 THAT --

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I'LL BE SUPPORTING

THIS BILL AND RECOMMENDED THE SAME TO MY COLLEAGUE. I WANTED TO

ACKNOWLEDGE THAT THE SPONSOR MADE A COUPLE OF AMENDMENTS TO THIS

BILL TO ADDRESS CONCERNS THAT WERE RAISED BY THE INDUSTRY AND BY SO

DOING, IT NOT ONLY MADE THE BILL BETTER, BUT ADDRESSED THE CONCERNS FROM

THOSE WHO WERE WORRIED ABOUT THE LANGUAGE. AND SO MY COMPLIMENTS

TO THE COLLEAGUES WHO ARE MAKING THOSE CHANGES.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

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(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, WE'RE ACTUALLY MAKING PROGRESS HERE. OUR NEXT FEW BILLS THAT

WE'RE GOING TO TAKE UP ON DEBATE ARE RULES REPORT NO. 443, ASSEMBLY

BILL NO. 5837, THIS ONE IS BY MEMBER JEAN-PIERRE; THEN RULES REPORT

NO. 445, ASSEMBLY BILL NO. 6057, THIS ONE IS BY MR. BURKE; AND RULES

REPORT NO. 455, ASSEMBLY BILL NO. 6608, THIS ONE IS BY MR. RIVERA,

J.D. RIVERA. AND LASTLY, MR. SPEAKER, WE'RE GOING TO GO ON OUR -- STAY

ON DEBATE WITH RULES REPORT NO. 527, ASSEMBLY BILL NO. 1121, THIS

ONE IS BY MS. BUTTENSCHON. AND FOLLOWING OUR DEBATES ON THESE

PARTICULAR ITEMS, MR. SPEAKER, WE'LL BE GOING BACK TO OUR CONSENT

CALENDAR FROM CALENDAR B. AND SO I HOPE THE FOLKS WILL STAY WITH US

AS WE CONTINUE TO GET OUR WORK DONE HERE -- CALENDAR A, AS WE

CONTINUE TO GET OUR WORK DONE HERE. THOSE IS -- THAT'S THE REMAINDER OF

WHAT WE HAVE BEFORE US TONIGHT, MR. SPEAKER, AND SO IN THAT ORDER AND

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

ON PAGE 16, RULES REPORT NO. 443. THIS IS -- CLERK

WILL READ.

THE CLERK: ASSEMBLY NO. A05837-B, RULES

REPORT NO. 443, JEAN-PIERRE, LAVINE, JENSEN, MCDONALD, GRIFFIN,

BARRON, WOERNER. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN

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NYS ASSEMBLY JUNE 9, 2021

RELATION TO REQUIRING PUBLISHERS TO OFFER LICENSES FOR ELECTRONIC BOOKS TO

LIBRARIES UNDER REASONABLE TERMS.

ACTING SPEAKER AUBRY: MR. JENSEN.

MR. JENSEN: THANK YOU, MR. SPEAKER. WILL MY

COLLEAGUE FROM WHEATLEY HEIGHTS YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. JEAN-PIERRE, WILL

YOU YIELD?

MS. JEAN-PIERRE: I -- I WILL.

ACTING SPEAKER AUBRY: MS. JEAN-PIERRE

YIELDS, SIR.

MR. JENSEN: THANK YOU, MADAM CHAIR. WHEN THIS

LEGISLATION SPEAKS OF ELECTRONIC BOOKS OR E-BOOKS, WHAT TYPE OF DIGITAL

MEDIA IS THAT SPECIFICALLY REFERRING TO?

MS. JEAN-PIERRE: WELL, AN ELECTRONIC BOOK MEANS

A TEXT DOCUMENT THAT HAS BEEN CONVERTED INTO OR PUBLISHED INTO A DIGITAL

FORMAT THAT IS READ ON A COMPUTER, TABLET, SMARTPHONE OR ELECTRONIC

DEVICE.

MR. JENSEN: OKAY. SO TO CLARIFY, WHEN THE

LEGISLATION REFERENCES JOURNALS, DOES THAT INCLUDE PUBLICATIONS LIKE THE

WALL STREET JOURNAL OR OTHER NEWSPAPERS THAT ARE COMMONLY

PUBLISHED?

MS. JEAN-PIERRE: NO, IT DOES NOT INCLUDE THEM.

MR. JENSEN: OKAY. SO NO NEWSPAPERS. AND WHAT

IS MEANT BY PUBLISHERS? IS THERE A SPECIFIC TYPE OF PUBLISHERS THAT IS

YOUR INTENT TO BE COVERED WITH THE LEGISLATIVE LANGUAGE?

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MS. JEAN-PIERRE: ABSOLUTELY. SO PUBLISHER

MEANS ONE WHOSE BUSINESS IS TO MANUFACTURE, PROMULGATE, AND SELL

BOOKS, JOURNALS OR OTHER LITERACY PRODUCTIONS, INCLUDING THOSE IN DIGITAL

FORM CONSISTING OF TEXT, IMAGERY OR BOTH.

MR. JENSEN: OKAY. AND SO JUST TO CLARIFY ON THAT,

SO IT'S EXCLUDING NEWSPAPERS AS PART OF THAT DIGITAL --

MS. JEAN-PIERRE: CORRECT. IT'S YOUR NORM -- IT'S

YOUR NORMAL, YOU KNOW, BOOK THAT YOU WOULD GET ON A TABLET THAT YOU

WOULD WANT TO READ, SO IT'S A NORMAL BOOK.

MR. JENSEN: OKAY, PERFECT. IS THERE ANYTHING IN

THE LEGISLATION THAT ADDRESSES ISSUES LIKE LIMITING THE PRICE THAT A BOOK

PUBLISHER CAN CHARGE A LIBRARY FOR AN E-BOOK LICENSE?

MS. JEAN-PIERRE: NO. THE LEGISLATION HAS A GOOD

FAITH BARGAIN, SO IT WOULD JUST ENSURE THAT WHAT THEY HAVE OUT FOR THE

PUBLIC WILL NOT -- WILL NOT OVERCEDE [SIC] OR BE THREE OR FOUR TIMES MORE

EXPENSIVE TO THE -- TO THE LIBRARY ITSELF.

MR. JENSEN: OKAY. SO THE SAME UNDER THE SAME

TYPES OF TERMS THAT THEY'RE ALREADY SELLING HARD COPY BOOKS TO LIBRARIES.

MS. JEAN-PIERRE: CORRECT.

MR. JENSEN: OKAY. AND MY FINAL QUESTION, ARE

THERE ANY BOOK PUBLISHERS THAT ARE CURRENTLY NOT SELLING E-BOOKS TO

LIBRARIES?

MS. JEAN-PIERRE: CORRECT. SO THERE'S A WHOLE

LIST, BUT AMAZON IS ONE OF THEM.

MR. JENSEN: OKAY. AND SO THIS WOULD ENSURE THAT

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THEY WOULD HAVE TO PROVIDE REASONABLE TERMS FOR LIBRARIES IN THE STATE

TO PURCHASE E-BOOKS.

MS. JEAN-PIERRE: CORRECT. IT'S ALL ABOUT HAVING

LIBRARIES TO HAVE ACCESS -- SO THEIR PATRONS CAN HAVE ACCESS TO THE

LITERACY ON E-BOOKS.

MR. JENSEN: OKAY. THANK VERY MUCH, MADAM

CHAIR.

ON THE BILL, MR. SPEAKER.

I JUST WANT TO THANK MY COLLEAGUE FOR YIELDING AND FOR

THIS LEGISLATION. TODAY'S LIBRARIES ARE -- ARE EVERMORE INCREASINGLY NOT

JUST A PLACE FOR -- FOR HARD COPY BOOKS, BUT CERTAINLY MORE OF

COMMUNITY CENTERS WHERE WE HAVE PEOPLE OF ALL AGES ENJOYING MEDIA

ACROSS ALL FORUMS. AND THIS IS IMPORTANT LEGISLATION TO ENSURE THAT BOTH

OUR OLDEST LIBRARY PATRONS TO OUR YOUNGEST ARE ABLE TO ENJOY THE

PRODUCTS THAT THEY WANT TO AND THE WAY THEY WANT TO CONSUME IT, AND

MAKING SURE THAT THESE WILL BE OFFERED IN THE SAME WAY AS HARD COPY

BOOKS. SO I AM PROUD TO BE A COSPONSOR OF THIS AND WILL BE PROUD TO BE

SUPPORTING IT TODAY ON THE FLOOR. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. JEAN-PIERRE.

MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER. AS

THE MARKET FOR E-BOOKS CONTINUES TO GROW, SOME PUBLISHERS ARE

INTRODUCING PRACTICES THAT SIGNIFICANTLY INTERFERE WITH LIBRARIES' ABILITY

TO CONTINUE TO PROVIDE THEIR PATRONS WITH EQUITABLE ACCESS TO THESE

CRITICAL RESOURCES. PUBLISHERS HAVE PUT PLACE IN -- PLACED E-BOOK

EMBARGOES THAT RESTRICT THE TIMELY AVAILABILITY OF E-BOOKS TO PUBLIC

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LIBRARIES, PLACING AN UNFAIR BURDEN ON LIBRARY SYSTEMS THAT ARE FORCED TO

WAIT EIGHT WEEKS TO PURCHASE MORE THAN ONE LICENSE FOR A TITLE. THIS

PROCESS RESTRICTS ACCESS IN WAYS THAT HARM LIBRARY SYSTEMS AND THE

COMMUNITIES THEY -- THEY SERVE.

THE REASONABLE AND UNREASONABLE STANDARDS

ESTABLISHED IN THIS STATUTE WILL ENSURE THAT WIDELY ACCEPTED AND

EFFECTIVELY INDUSTRY PRACTICES REMAIN IN PLACE WHILE PROHIBITING

HARMFUL PRACTICES THAT DISCRIMINATE AGAINST LIBRARIES AND HARM LIBRARY

PATRONS. AGAIN, I WILL BE SUPPORTING THIS LEGISLATION AND I ASK MY

COLLEAGUES ON BOTH SIDES OF THE AISLES TO SUPPORT THIS LIBRARY -- THIS

PIECE OF LEGISLATION AS LIBRARIES ARE THE FUNDAMENTAL AND ROOT OF ALL OF

OUR COMMUNITIES. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 5837-B. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

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NYS ASSEMBLY JUNE 9, 2021

PAGE 16, RULES REPORT NO. 445, THE CLERK WILL READ.

THE CLERK: SENATE NO. S01783-A, RULES REPORT

NO. 445, SENATOR SKOUFIS (BURKE, COLTON, STIRPE, GRIFFIN, JACOBSON,

BUTTENSCHON, BICHOTTE HERMELYN, GALEF--A06057). AN ACT TO AMEND

THE PUBLIC HEALTH LAW, IN RELATION TO DIRECTING THE DEPARTMENT OF

HEALTH TO ESTABLISH AND IMPLEMENT AN INFECTION INSPECTION AUDIT AND

CHECKLIST ON NURSING HOMES.

ACTING SPEAKER AUBRY: MR. BYRNE.

MR. BYRNE: EXPLANATION, PLEASE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. BURKE.

MR. BURKE: SURE. GOOD EVENING, GOOD MORNING

SOON. SO THIS BILL ESTABLISHES AN ANNUAL INFECTION CONTROL COMPETENCY

AUDIT PROGRAM FOR NURSING HOMES, AND I WOULD SAY IT'S NOT JUST -- I

MEAN, IT IS OBVIOUSLY A RESPONSE TO COVID-19, BUT -- BUT REALLY, I VIEW

IT AS MORE AS BEING PROACTIVE FOR -- YOU KNOW, HOPEFULLY WE DON'T DEAL

WITH THIS IN THE FUTURE, BUT I -- I'D WANT THIS ESTABLISHED, THESE -- THESE

GUIDELINES AND PROTOCOLS ESTABLISHED SO THAT IF WE DO FACE THIS IN THE

FUTURE, OUR NURSING HOMES ARE BETTER PREPARED FOR IT.

MR. BYRNE: THANK YOU.

ACTING SPEAKER AUBRY: MR. BYRNE.

MR. BYRNE: YES. WILL THE SPONSOR YIELD FOR A

COUPLE QUESTIONS?

ACTING SPEAKER AUBRY: MR. BURKE, WILL YOU

YIELD?

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NYS ASSEMBLY JUNE 9, 2021

MR. BURKE: I'M HAPPY TO.

MR. BYRNE: THANK --

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. BYRNE: THANK YOU, SIR. JUST A COUPLE QUICK

QUESTIONS. I NOTICE IN THE -- WELL, FIRST BEFORE I ASK ABOUT THE POTENTIAL

COSTS, THERE IS GOING TO BE INSPECTIONS AND AUDITS, ADDITIONAL AUDITS THAT

WOULD BE REQUIRED BY THIS BILL. WHO WOULD BE CONDUCTING THOSE AUDITS

AND INSPECTIONS?

MR. BURKE: THIS WILL ALL BE IN THE PURVIEW OF THE

DEPARTMENT OF HEALTH.

MR. BYRNE: THAT'S -- THAT WAS THAT WAS MY

UNDERSTANDING, AS WELL. THEY'LL BE DRAWING UP THIS CHECKLIST, AS WELL.

THE SPONSOR MEMO SAYS COST -- FISCAL IMPLICATIONS, NONE TO THE STATE.

DO WE HAVE AN IDEA AS TO WHAT THAT COST TO THE STATE WOULD BE AS FAR AS

INCREASED, ADDITIONAL INSPECTIONS AND TO DRAW THIS UP? I HAVE TO THINK

IT WOULD COST SOMETHING.

MR. BURKE: YOU KNOW, SO -- SO MY HOPE

OBVIOUSLY -- SO IT COULD VARY SIGNIFICANTLY BASED ON THE QUALITY OF THE

NURSING HOMES AND IF THEY'RE IN COMPLIANCE, IT'S MY HOPE, REALLY THE

GOAL OF THIS IS THAT THEY'RE IN COMPLIANCE, RIGHT, BECAUSE THE -- THE TRUE

COST HAS BEEN THE COST OF LIFE. AND SO THAT'S REALLY WHAT WE'RE TRYING TO

PREVENT HERE.

MR. BYRNE: OKAY. SO WE DON'T KNOW WHAT THAT --

THAT COST WOULD BE TO THE STATE, BUT I DO APPRECIATE THE GOAL OBVIOUSLY.

WE WANT TO HELP PREVENT THE SPREAD OF INFECTIOUS DISEASES IN OUR

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NYS ASSEMBLY JUNE 9, 2021

NURSING HOMES.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BYRNE: THIS PROPOSAL WOULD CREATE AN

ADDITIONAL REQUIREMENT ON NURSING HOMES TO COMPLETE NEW INFECTION

CONTROL COMPETENCY AUDITS THAT ARE ESTABLISHED BY THE DEPARTMENT OF

HEALTH, AS THE SPONSOR MENTIONED. THE AUDIT WILL USE CHECKLISTS THAT

ARE CITED IN THE BILL AND WILL BE ALSO USED TO INITIATE MORE AUDITS. SO

THERE'S ACTUALLY LIKE A SCALED RATING SYSTEM IN THE BILL THAT'S OUTLINED.

AND WHILE THE BILL, LIKE MANY, SAYS THERE'S NO COST TO THE STATE, THERE

OBVIOUSLY WILL BE A COST THROUGH INSPECTIONS AND ADDITIONAL FRAMEWORK

THAT'S GOING TO BE BUILT OUT, AS WELL AS LIKELY TO SOME OF THESE FACILITIES.

AND WE CAN ARGUE THAT THOSE COSTS ARE MERITED, I WOULD ALSO NOTE THAT

THIS NEW REQUIREMENT IS IN ADDITION TO EXISTING PREVENTION SURVEYS AND

CHECKLISTS DEVELOPED BY CMS AND THE FEDERAL GOVERNMENT, THE

DEPARTMENT OF HEALTH AND STATE SURVEYS, AND CONCERNS HAVE BEEN

RAISED THAT THIS DUPLICATE MANDATE COULD INCREASE CONFUSION FOR

PROVIDERS AND STATE ENTITIES ALREADY ENGAGED IN SURVEYING THESE

FACILITIES. SO I THINK THAT'S IMPORTANT TO NOTE THAT THERE'S THIS

DUPLICATION AND THAT CONCERN FOR CONFUSION.

I THOUGHT IT INTERESTING READING THE SPONSOR'S MEMO

THAT HE CITED THE COVID-19 RESIDENTIAL HEALTH CARE AT FACILITIES

HEARINGS THAT WE HOSTED WITH THE SENATE IN AUGUST OF LAST YEAR. I WAS

ABLE TO PARTICIPATE IN BOTH OF THEM. I THINK IT RANGED CLOSE TO LIKE 18

HOURS OR SOMETHING WE LISTENED TO DOZENS AND DOZENS OF HEALTH CARE

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NYS ASSEMBLY JUNE 9, 2021

PROFESSIONALS, FACILITY EXPERTS, AS WELL AS A LOT OF PEOPLE WHO TRAGICALLY

LOST LOVED ONES IN OUR NURSING HOMES. AND I CAN APPRECIATE WHAT THE

SPONSOR'S TRYING TO DO TO TRY TO MAKE OUR FACILITIES SAFER, LISTENING TO

CONCERNS THAT WERE RAISED AT THOSE HEARINGS, BUT WHAT I WOULD SAY IS

SOME OF THE CONCERNS THAT WERE RAISED WERE ABOUT UNDER-PREPAREDNESS,

AS THE SPONSOR NOTES IN HIS MEMO, SHORTAGES IN PPE, COMMUNICATION,

TRAGIC UNNECESSARY DEATH. IT ALSO HIGHLIGHTED PART OF THE CONFUSION

BETWEEN SOME OF THESE FACILITIES, THE HEALTH CARE PROVIDERS, AND THE

STATE OF NEW YORK, PARTICULARLY ON CONTROVERSIAL MANDATES THAT WERE

INITIATED ON MARCH 25TH THAT PREVENTED NURSING HOMES FROM DENYING

COVID-19 POSITIVE PATIENTS. NOW, ADDING ON A NEW DUPLICATE LAYER OF

INSPECTIONS COULD INCREASE MORE CONFUSION.

SO WHILE I THINK IT'S A LAUDABLE EFFORT, I HAVE CONCERNS.

THOSE ADDITIONAL CONCERNS WERE RAISED BY GROUPS INCLUDING THE GREATER

NEW YORK HOSPITAL ASSOCIATION, THE HEALTH CARE ASSOCIATION OF NEW

YORK STATE. AND AGAIN, WHILE I THINK IT'S LAUDABLE, WE DON'T WANT TO DO

ANYTHING THAT'S GOING TO CONTRIBUTE TO ANY ADDITIONAL SPREAD OF INFECTION

IN OUR NURSING HOMES WITH OUR MOST VULNERABLE. I THINK THERE'S A

SYSTEM IN PLACE THAT WE COULD BOLSTER AND WORK WITH RATHER THAN

PUTTING AN ADDITIONAL REDUNDANT SYSTEM IN PLACE. AND WITH THAT, I WANT

TO THANK THE SPEAKER AND I WANT TO THANK THE SPONSOR FOR TAKING THE

TIME TO ANSWER MY QUESTIONS. I WILL BE VOTING IN THE NEGATIVE AND

SUGGEST A NO VOTE.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 9, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1783-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION BUT THOSE WHO

SUPPORT IT SHOULD CALL THE MINORITY LEADER'S OFFICE SO WE CAN RECORD

YOUR VOTE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

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

MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN SUPPORT OF THIS ITEM;

HOWEVER, THERE MAY BE A FEW OF US WHO WOULD LIKE TO BE AN EXCEPTION.

FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND YOUR VOTE WILL BE

PROPERLY RECORDED. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

MAJORITY LEADER.

(THE CLERK RECORDED THE VOTE.)

MR. BURKE TO EXPLAIN TO HIS VOTE.

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

MY VOTE. YOU KNOW, THIS PROGRAM ISN'T SOMETHING I JUST THOUGHT OF, IT'S

ACTUALLY MODELED OFF OF WHAT MASSACHUSETTS HAD DONE WITH TREMENDOUS

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SUCCESS. AND I KNOW THAT THERE WERE SOME CONCERNS ABOUT DUPLICATION

OF EFFORTS, AND I JUST DON'T SEE THAT TO BE THE CASE. WE'RE CODIFYING AND

PUTTING IN A STRUCTURE SO THAT WE AREN'T RESPONDING HAPHAZARDLY, SO WE

ARE MORE PREPARED. AND -- AND I'D SAY ONE OF THE KEY COMPONENTS THAT

MAYBE I THINK CAN PERSONALIZE IT SO MUCH IS -- WERE THE AMOUNT OF

PEOPLE WHO WERE TRYING TO COMMUNICATE WITH LOVED ONES AND WERE

GETTING NO RESPONSE FROM NURSING HOMES BECAUSE OF THAT MASS

CONFUSION. THIS CLEARS ALL OF THAT UP. SO CODIFYING THIS IN STATE LAW I

THINK IS THE -- THE BEST WAY TO CREATE A SMOOTH PROCESS GOING FORWARD

WITH OUR HEALTH DEPARTMENT. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.

BURKE IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 16, RULES REPORT NO. 455, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06608-A, RULES

REPORT NO. 445, J.D. RIVERA, CONRAD, RODRIGUEZ, BENEDETTO, GOTTFRIED,

DINOWITZ, SEPTIMO, SIMON, RICHARDSON, JACKSON, SILLITTI, MCDONOUGH,

GLICK, FRONTUS, FERNANDEZ, REYES, BRONSON, CLARK, HEVESI, SEAWRIGHT,

LUNSFORD, PEOPLES-STOKES. AN ACT TO AMEND THE REAL PROPERTY LAW, IN

RELATION TO REQUIRING THE DISCLOSURE OF LEAD-BASED PAINT TEST REPORTS IN

REAL ESTATE TRANSACTIONS.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

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ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS BILL CREATES A NEW REQUIREMENT

UNDER THE REAL PROPERTY LAW WHICH REQUIRES A LEAD TEST, EITHER A

LABORATORY ANALYSIS WITH PAINT SAMPLES WITH ALL LAYERS OF PAINT PRESENT,

OR AN X-RAY FLUORESCENCE ANALYZER. AND IT REQUIRES THIS LEAD TEST ON

ALL SALES OF A RESIDENTIAL PROPERTY, INCLUDING A LEASE WITH AN OPTION OR A

LAND CONTRACT, FOR EXAMPLE, OR INSTALLMENT SALE AGREEMENT. AND IT

REQUIRES THIS LEAD TEST ON ALL HOUSES REGARDLESS OF WHEN THEY WERE BUILT.

NOW, WE HAVE NOT USED LEAD PAINT SINCE 1978. IT WAS BANNED IN 1978.

SO IF YOU HAVE A HOUSE THAT WAS BUILT AFTER 1978, THE LIKELIHOOD THAT

YOU HAVE ANY LEAD IN THAT HOUSE IS EXTREMELY LOW. BUT THIS BILL WOULD

REQUIRE YOU TO DO THAT TEST BEFORE YOU'VE SIGNED A CONTRACT FOR A SALE.

AND YOU HAVE TO THEN SEND A COPY TO THE HEALTH DEPARTMENT AND A

COPY TO THE COUNTY CLERK. THESE TESTS COST, ON AVERAGE, BETWEEN $224

AND $418, WITH THE NATIONAL AVERAGE OF $316. SO BEFORE YOU CAN EVEN

SELL YOUR HOUSE, BEFORE YOU CAN EVEN SIGN THE CONTRACT, YOU'RE GOING TO

INCUR A COST BETWEEN $200 AND $400, AND YOU DON'T EVEN KNOW IF

YOU'VE GOT A BUYER YET OR WHAT THEY'RE GOING TO PAY. OR BEFORE YOU

SIGN A LEASE WITH AN OPTION TO PURCHASE, YOU HAVE TO SPEND $2- TO $400.

OR A LAND CONTRACT. AND YOU HAVE TO SPEND THAT MONEY EVEN THOUGH

THE HOUSE YOU HAVE WAS BUILT AFTER 1978 AND HAS NEAR ZERO PROBABILITY

OF HAVING ANY LEAD.

I APPRECIATE THE SPONSOR'S DESIRE TO TEST FOR LEAD AND IF

THIS WERE LIMITED TO HOMES BUILT BEFORE 1978, IT WOULD BE MUCH MORE

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APPROPRIATE. BUT ADDING $2- TO $400 TO EVERY REAL ESTATE CONTRACT

BEFORE IT'S EVEN SIGNED, AND TO EVERY LEASE WITH AN OPTION TO PURCHASE

AND EVERY INSTALLMENT SALE OR LAND CONTRACT JUST BURDENS EVERYONE WHO

IS SELLING A HOUSE IN NEW YORK STATE WITHOUT A JUSTIFIABLE RETURN FOR

THOSE HOMES THAT ARE BUILT AFTER 1978. FOR THAT REASON, I'LL RECOMMEND

AGAINST IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

MR. JONATHAN RIVERA.

MR. J.D. RIVERA: THANK YOU, MR. SPEAKER. JUST TO

CLARIFY A FEW POINTS. THE FIRST THING IS IF YOU REVIEW THE BILL IN FRONT OF

US, IT'S DEFINED HERE UNDER RESIDENTIAL REAL PROPERTY AS SHALL MEAN REAL

PROPERTY IMPROVED BY A RESIDENTIAL DWELLING ERECTED PRIOR TO THE YEAR

1978. SO IT DOES AFFECT HOMES SOLELY THAT WERE BUILT BEFORE 1978,

BEFORE ALL THE CHANGES WENT INTO EFFECT. AND THEN REGARDING THE COST OF

THE INSPECTION, THE BILL ALSO SPEAKS TO A -- THE ABILITY OF THE SELLER OF THE

PROPERTY TO BE ABLE TO DEDUCT $500 TOWARDS THE COST OR ABOVE THE COST

OF THE INSPECTION AND REVIEW IN THE OVERALL EXPENSE OF THE SALE. SO THE

SELLER IS ABLE TO DEDUCT THOSE COSTS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MR.

RIVERA.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT AUGUST 1ST,

2022.

ACTING SPEAKER AUBRY: THE CLERK WILL

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NYS ASSEMBLY JUNE 9, 2021

RECORD THE VOTE ON ASSEMBLY PRINT A-6608-A. THIS IS A PARTY VOTE.

(PAUSE)

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.

SIR.

MR. GOODELL: THE REPUBLICAN CONFERENCE WILL

BE GENERALLY OPPOSED TO THIS ADDITIONAL COST IN REAL ESTATE TRANSFERS, BUT

THOSE WHO SUPPORT IT SHOULD CERTAINLY CALL THE MINORITY LEADER'S OFFICE

AND WE'LL RECORD YOUR VOTE IN THE AFFIRMATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, THE MAJORITY

CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION. IF

THERE ARE ANY EXCEPTIONS, I ASK MEMBERS TO CALL THE MAJORITY LEADER'S

OFFICE AT THE NUMBER PREVIOUSLY PROVIDED AND YOUR VOTES WILL BE

ANNOUNCED ACCORDINGLY.

ACTING SPEAKER AUBRY: THANK YOU, BOTH.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. FIRST, I APPRECIATE

THE -- THE COMMENTS FROM MY COLLEAGUE CLARIFYING THE SCOPE OF THIS

LEGISLATION. I THINK THAT WAS AN IMPORTANT CLARIFICATION AND THANK YOU

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NYS ASSEMBLY JUNE 9, 2021

FOR THAT. AS MY COLLEAGUE ALSO NOTED, THAT THERE'S A DEFAULT PROVISION

AND THAT IS IT COSTS YOU $500 IF YOU DON'T DO THE TEST. AND FOR MOST OF

US WHO ARE DEALING WITH SMALL REAL ESTATES, A $500 PENALTY IS FAIRLY

SIGNIFICANT. I WOULD POINT OUT THAT UNDER CURRENT LAW AFTER A CONTRACT IS

SIGNED, BUT BEFORE CLOSING, EVERYONE IS ENTITLED TO A LEAD PAINT

DISCLOSURE FORM, IT'S A FEDERAL FORM, IT'S FILLED OUT AND ACCOMPANYING

THAT FORM IS A DETAILED BROCHURE ABOUT THE DANGERS OF LEAD PAINT AND

WHAT YOU CAN DO TO TEST. AND UNDER CURRENT LAW, ANY BUYER WHO WANTS

TO CAN PUT RIGHT IN THE CONTRACT THAT THEY HAVE THE RIGHT TO INSPECT THE

HOUSE, INCLUDING AN INSPECTION FOR LEAD. SO UNDER CURRENT LAW, YOU GET

THE NOTICE, YOU GET THE WARNINGS, YOU GET THE PAMPHLET, THE BUYER, IF

THEY WANT TO IF THEY'RE WORRIED ABOUT IT, CAN DO THE INSPECTION, PUT IT

RIGHT IN THE CONTRACT. AND WHAT THIS DOES IS IT SHIFTS IT OVER, ADDS

BETWEEN $200 AND $400 TO EVERY SELLER AND IF THEY DON'T DO IT, IT ADDS

$500 TO THE COST OF THE TRANSACTION. AND I THINK IT'S AN EXPENSE THAT WE

SHOULDN'T HAVE TO FORCE ON EVERY SELLER ON EVERY HOUSE AND THEN CLUTTER

UP THE COUNTY CLERK'S OFFICE AND THE HEALTH DEPARTMENT WITH THESE

CERTIFICATES. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK RECORDED THE VOTE.)

THE BILL IS PASSED.

PAGE 22 [SIC], RULES REPORT NO. 527, THE CLERK WILL

READ.

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NYS ASSEMBLY JUNE 9, 2021

THE CLERK: ASSEMBLY NO. A01121-A, RULES

REPORT NO. 527, BUTTENSCHON, GALEF, JACKSON, FALL, GUNTHER, ABINANTI,

SILLITTI, JONES. 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 RIGHT OF ACTION FOR SUCH OFFENSES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. BUTTENSCHON.

MS. BUTTENSCHON: THE PURPOSE OF THIS

LEGISLATION IS TO CRIMINALIZE THE SPECIFIC INTENT CRIME OF AN UNLAWFUL

DISSEMINATION OF PERSONAL IMAGES AND CREATE THE RIGHT OF PRIVACY ACTION

FOR SUCH OFFENSE FOR AN INDIVIDUAL TO DISSEMINATE IMAGES OF A CRIME

WITH THE INTENT TO GLORIFY VIOLENT ACTIONS OR HUMILIATE, DEMEAN, DEGRADE

OR ABUSE A PERSON WHO HAS BEEN A VICTIM OF A CRIME AND/OR THE FAMILY

MEMBERS. THESE IMAGES HAVE NO PLACE ON THE INTERNET OR SOCIAL MEDIA

SITES, AND INDIVIDUALS WHO SHARE GRUESOME IMAGES WITH SUCH INTENTION

SHOULD FACE CONSEQUENCES FOR THE TRAUMA THEY CAUSE.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MS. BUTTENSCHON,

WILL YOU YIELD?

MS. BUTTENSCHON: YES.

MR. GOODELL: THANK YOU VERY MUCH, MS.

BUTTENSCHON. JUST SO WE'RE CLEAR ABOUT THE SCOPE OF THIS, AM I CORRECT

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THAT THIS IS NOT INTENDED TO COVER A SITUATION WHERE SOMEONE IS DRIVING

ALONG AND THEY WITNESS A CRIME AND VIDEOTAPE IT AND THEN PUT IT UP ON

THE INTERNET. IT'S -- IT'S NOT INTENDED TO COVER JUST THIRD-PARTIES WHO

HAPPEN TO COME ACROSS OR FILM A CRIME, OR THE VICTIM OF A CRIME, IS THAT

CORRECT?

MS. BUTTENSCHON: IT HAS -- IT'S A SPECIFIC INTENT

CRIME. SO THE -- THE INTENT IS TO, AGAIN, CREATE TO GLORIFY, DEMEAN,

DEGRADE OR ABUSE THE PERSON, THE VICTIM OR THE VICTIM'S FAMILY.

MR. GOODELL: SO AS LONG AS THEY DON'T HAVE THAT

MALICIOUS INTENT, THE FACT THAT THEY MAY HAVE BEEN AN INNOCENT WITNESS,

AND WE'VE SEEN THAT WITH A LOT OF HIGH-PROFILE CASES, RIGHT, WHERE

THERE'S A LOT OF VIDEOS OF A CRIME THAT OCCURS AND THEY USE THEM AND --

THAT'S NOT IN THE INTENT OF THIS BILL, WHICH IS FOCUSED ON THE PERSON'S

INTENT TO EMBARRASS OR HARM OR INJURE A PERSON, CORRECT?

MS. BUTTENSCHON: CORRECT.

MR. GOODELL: AND THIS WOULD, LIKEWISE, NOT

COVER NEWS MEDIA THAT'S TAKING PICTURES OF A CRIME SCENE, INCLUDING A

VICTIM SOMETIMES, AND EVEN THOUGH THEY MAKE A PROFIT OFF OF THAT, I

MEAN, YOU MAY HAVE PROFESSIONAL PHOTOGRAPHERS WHO SELL THE PICTURE,

AS LONG AS IT WASN'T THERE TO DEGRADE OR HARM THE VICTIM, IT DOESN'T

COVER NEWS COVERAGE OF THAT TYPE, IS THAT CORRECT?

MS. BUTTENSCHON: CORRECT. THERE ARE SPECIFIC

EXEMPTIONS.

MR. GOODELL: SO IT'S REALLY DESIGNED IN A NARROW

WAY TO FOCUS ON THOSE PEOPLE THAT ARE TAKING A PICTURE OF A CRIME VICTIM

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NYS ASSEMBLY JUNE 9, 2021

FOR THEIR OWN ENJOYMENT, FOR PROFIT, AND WITH A SPECIFIC INTENT OF

HARMING THE VICTIM, AM I CORRECT?

MS. BUTTENSCHON: CORRECT, OR THE VICTIM'S

FAMILY.

MR. GOODELL: THANK YOU VERY MUCH FOR THOSE

CLARIFICATIONS.

AND, SIR, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: WITH THOSE CLARIFICATIONS, I AM

COMFORTABLE SUPPORTING THIS BILL AND I APPRECIATE THE SPONSOR CLARIFYING

THE NATURE AND SCOPE OF THIS LEGISLATION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

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 1121-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. BUTTENSCHON TO EXPLAIN HER VOTE.

MS. BUTTENSCHON: THANK YOU, MR. SPEAKER. IN

JULY OF 2019 A 17-YEAR-OLD, BIANCA MICHELLE DEVINS OF UTICA, NEW

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NYS ASSEMBLY JUNE 9, 2021

YORK WAS STABBED TO DEATH AFTER ATTENDING A CONCERT WITH HER ATTACKER.

AFTER COMMITTING THIS HORRENDOUS CRIME, HER ATTACKER UPLOADED

GRUESOME PHOTOS OF HER CORPSE ONTO VARIOUS SOCIAL MEDIA PLATFORMS.

THESE PHOTOS WERE WIDELY SHARED ON SOCIAL MEDIA SITES, INCLUDING

INSTAGRAM, SNAPCHAT AND TWITTER. THE RESPONSE BY SOCIAL MEDIA SITES

TO -- TO THE SPREAD OF THE PHOTOS WAS UNACCEPTABLE AS IT WAS SLOW AND

INCONSISTENT, AND HAS BEEN STRONGLY CRITICIZED. THE DEVINS FAMILY

BECAME AWARE OF HER DEATH THROUGH THE IMAGES BEING SENT TO THEM ON

THEIR SOCIAL MEDIA ACCOUNTS, AND HAVE BEEN HARASSED WITH THESE IMAGES

SINCE THEN. OVER TIME, YOUTUBE VIDEOS AND TWITTER AND THREADS HAVE

BEEN DEDICATED TO EXPLAINING THE CRIME AND THE DEVINS' HISTORY, WITH

SOME ACCOUNTS PROMISING TO POST THE DEVINS MURDER IN EXCHANGE FOR

LIKES AND FOLLOWS, AND CAPITALIZE ON HER NAME AND DEATH. THE DEVINS

FAMILY KNOWS THIS WILL NEVER BRING BACK BIANCA, BUT THEY NEVER WANT

ANOTHER FAMILY TO ENDURE WHAT THEY HAVE FACED AND CONTINUE TO FACE.

I WANT TO THANK THE FAMILY FOR THEIR ASSISTANCE AND

PATIENCE AS WE PREPARED THIS LEGISLATION AND THE SENATE SPONSOR FOR

CARRYING THIS LEGISLATION, AS WELL AS THE SUPPORT I RECEIVED FROM THE

ASSEMBLY STAFF. AND I URGE MY COLLEAGUES TO JOIN ME IN SUPPORTING

THIS BILL, THE BILL KNOWN TO ALL AS BIANCA'S BILL IN HER HONOR. MAY

BIANCA REST IN PEACE.

ACTING SPEAKER AUBRY: MS. BUTTENSCHON IN

THE AFFIRMATIVE.

MS. HYNDMAN.

MS. HYNDMAN: PLEASE ANNOUNCE OUR COLLEAGUES

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NYS ASSEMBLY JUNE 9, 2021

IN THE NEGATIVE ON THIS PIECE OF LEGISLATION: MR. MAMDANI AND MS.

MITAYNES.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ON THE A-CALENDAR, PAGE 3, BILL -- RULES REPORT NO.

653, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00160-B, RULES

REPORT NO. 653, GOTTFRIED, DINOWITZ, MAGNARELLI, SIMON, ABINANTI,

EPSTEIN, DE LA ROSA, SEAWRIGHT, THIELE, WILLIAMS, COLTON,

CYMBROWITZ, TAYLOR, ABBATE, BARRON, STECK, L. ROSENTHAL, JACOBSON,

ASHBY, MCDONOUGH, GALEF, GRIFFIN, LUPARDO, WEPRIN, ZEBROWSKI,

BRONSON, FAHY, BURDICK, CLARK, PAULIN, PERRY, HEVESI, ROZIC,

MCMAHON, BARNWELL, MCDONALD, QUART, OTIS, O'DONNELL, REYES,

STERN, GONZ�LEZ-ROJAS, STIRPE, RICHARDSON, BRAUNSTEIN, MAMDANI,

WALKER, JONES, GALLAGHER, ANDERSON. AN ACT TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO SCHOOL POTABLE WATER TESTING.

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 365TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 2122-A. THIS IS A FAST ROLL CALL. ANY

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NYS ASSEMBLY JUNE 9, 2021

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00399-B, RULES

REPORT NO. 654, ROZIC, DE LA ROSA, FAHY, SEAWRIGHT, OTIS, SIMON,

HUNTER, BUTTENSCHON, STECK, MONTESANO, MCDONALD, BICHOTTE

HERMELYN, ABINANTI, GRIFFIN, THIELE, JONES, ASHBY. AN ACT TO AMEND

THE EXECUTIVE LAW, IN RELATION TO PROVIDING FOR ELECTRONIC NOTARIZATION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1780-C. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. LAWLER TO EXPLAIN HIS VOTE.

MR. LAWLER: THANK YOU, MR. SPEAKER. WE HAD A

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NYS ASSEMBLY JUNE 9, 2021

HEARING ON THIS VERY BILL, AND I THANK MY COLLEAGUE FROM ROCKLAND,

AMONG OTHERS, FOR HOSTING THE HEARING, AND I THANK THE SPONSOR OF THE

BILL. I THINK GENERALLY SPEAKING IT'S A POSITIVE, IT'S A GOOD THING, I KNOW

SHE HAS WORKED HARD ON THIS BILL; HOWEVER, BECAUSE THE BILL DOES NOT

EXCLUDE ELECTIONS AND ELECTION LAW FROM BEING PART OF THIS, I CANNOT

SUPPORT IT. I THINK THE POSSIBILITY OF NOTARIES, GETTING SIGNATURES FOR

PETITIONS, ET CETERA, ONLINE IS NOT SOMETHING THAT I CAN SUPPORT AND I

DON'T THINK WE SHOULD BE HEADING TOWARDS A ONLINE PETITION PROCESS.

AND I THINK THE FACT THAT THIS BILL DOES NOT EXCLUDE IT LEAVES OPEN THE

POSSIBILITY THAT WE MAY, IN FACT, START HEADING DOWN THAT ROAD AND FOR

THAT REASON, I WILL BE VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. LAWLER IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00540, RULES REPORT

NO. 655, L. ROSENTHAL. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN

RELATION TO ANNUAL REPORTING ON SUBSTANCE USE DISORDER IN INCARCERATED

INDIVIDUALS.

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

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NYS ASSEMBLY JUNE 9, 2021

RECORD THE VOTE ON SENATE PRINT 2209. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADERS 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. A02085-A, RULES

REPORT NO. 656, DINOWITZ, GALEF, CUSICK, CYMBROWITZ, ZEBROWSKI,

ENGLEBRIGHT, ROZIC, MCDONALD, FAHY, GRIFFIN, SIMON. AN ACT TO

AMEND THE INSURANCE LAW, IN RELATION TO PROVIDING INSURANCE COVERAGE

FOR COLORECTAL CANCER EARLY DETECTION.

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 2085-A. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE --

(PAUSE)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY JUNE 9, 2021

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03109-A, RULES

REPORT NO. 657, DINOWITZ, GOTTFRIED. CONCURRENT RESOLUTION OF THE

SENATE AND ASSEMBLY PROPOSING AN AMENDMENT TO SECTION 15 OF

ARTICLE VI OF THE CONSTITUTION RELATING TO THE NEW YORK CITY CIVIL

COURT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 514-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04154-B, RULES

REPORT NO. 658, PRETLOW, LUPARDO, ZINERMAN, KELLES, STIRPE,

ENGLEBRIGHT, CRUZ. AN ACT TO AMEND THE AGRICULTURE AND MARKETS LAW,

IN RELATION TO THE PROHIBITION OF THE SLAUGHTER OF RACE HORSES AND RACE

HORSE BREEDING STOCK; TO AMEND THE RACING, PARI-MUTUEL WAGERING AND

BREEDING LAW, IN RELATION TO REQUIRING RACE HORSES TO BE MICROCHIPPED;

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NYS ASSEMBLY JUNE 9, 2021

AND TO AMEND THE TAX LAW, IN RELATION TO GIFTS FOR THOROUGHBRED AND

STANDARDBRED RACE HORSE AFTERCARE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1442-B. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO IS 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. A05418-B, RULES

REPORT NO. 659, ENGLEBRIGHT, EPSTEIN, GRIFFIN, SIMON, GOTTFRIED,

DICKENS, GALEF, OTIS, COLTON, THIELE, GONZ�LEZ-ROJAS, KELLES,

MCMAHON, PAULIN, JACKSON, ABINANTI, SILLITTI, SEAWRIGHT, PERRY,

BURDICK, FAHY, RICHARDSON, GLICK, GALLAGHER, DINOWITZ, FERNANDEZ,

HEVESI, FORREST, STERN, STIRPE, STECK, MCDONOUGH, L. ROSENTHAL,

JACOBSON, JONES, BARRON, ANDERSON, CRUZ, ZEBROWSKI. AN ACT TO

AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE

REGULATION OF CHEMICALS IN UPHOLSTERED FURNITURE, MATTRESSES AND

ELECTRONIC ENCLOSURES.

343

NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05683-B, RULES

REPORT NO. 660, ZEBROWSKI, DICKENS. AN ACT TO AMEND CHAPTER 89 OF

THE LAWS OF 2016 RELATING TO SUPPLEMENTARY FUNDING FOR DEDICATED

PROGRAMS FOR PUBLIC SCHOOL STUDENTS IN THE EAST RAMAPO CENTRAL

SCHOOL DISTRICT, IN RELATION TO THE POWERS AND DUTIES OF MONITORS IN THE

EAST RAMAPO CENTRAL SCHOOL DISTRICT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06059-A, RULES

REPORT NO. 661, SALKA, B. MILLER. AN ACT TO AMEND THE TAX LAW, IN

RELATION TO AUTHORIZING THE COUNTY OF OTSEGO TO IMPOSE AN ADDITIONAL

MORTGAGE RECORDING TAX; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 6059-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.

344

NYS ASSEMBLY JUNE 9, 2021

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

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

COULD RECORD OUR COLLEAGUES MS. LUNSFORD, MRS. BARRETT, MS.

MCMAHON, MR. STIRPE, MS. BUTTENSCHON, MR. DILAN, MR. BARNWELL,

MR. RAMOS, AND MR. SANTABARBARA IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: THANKS VERY MUCH,

SO NOTED.

MR. GOODELL.

(PAUSE)

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

REPORT -- RECORD MY COLLEAGUES MR. FITZPATRICK, MR. GANDOLFO, MR.

MONTESANO AND MR. RA IN THE NEGATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES

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

COULD RECORD OUR COLLEAGUES MS. LUNSFORD, MRS. BARRETT, MS.

MCMAHON, MR. STIRPE, MS. BUTTENSCHON, MR. DILAN, MR. BARNWELL,

MR. RAMOS AND MR. SANTABARBARA IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: THANKS VERY MUCH.

SO NOTED.

MR. GOODELL.

345

NYS ASSEMBLY JUNE 9, 2021

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

REPORT -- RECORD MY COLLEAGUES MR. FITZPATRICK, MR. GANDOLFO, MR.

MONTESANO AND MR. RA IN THE NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06183, RULES REPORT

NO. 662, DIPIETRO. AN ACT TO AMEND CHAPTER 185 OF THE LAWS OF 2005

AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF WYOMING

TO IMPOSE A COUNTY RECORDING TAX ON OBLIGATIONS SECURED BY A MORTGAGE

ON REAL PROPERTY, IN RELATION TO THE EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

READ THE SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4484. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

346

NYS ASSEMBLY JUNE 9, 2021

MRS. PEOPLES-STOKES.

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

PLEASE RECORD OUR COLLEAGUES IN THE NEGATIVE FOR 6183: MS. LUNSFORD,

MRS. BARRETT, MS. MCMAHON, MR. STRIPE, MR. RAMOS, MR. BARNWELL,

MS. WALLACE AND MR. SANTABARBARA.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

MR. GOODELL.

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

FOLLOWING MEMBERS IN THE NEGATIVE: MR. DIPIETRO, MR. FITZPATRICK, MR.

FRIEND --

(PAUSE)

I APOLOGIZE, SIR. MR. DIPIETRO ACTUALLY SUPPORTS HIS

OWN BILL.

I WAS -- I WAS JUST GETTING A LITTLE BIT NERVOUS. I MEAN,

THE LATE NIGHT MAY HAVE CONTRIBUTED TO THAT CONFUSION. BUT LET ME GIVE

YOU A MORE ACCURATE LIST THAT APPLIES TO THIS PARTICULAR BILL. PLEASE

RECORD THE FOLLOWING COLLEAGUES: MR. SMITH, MR. MONTESANO AND MR.

MIKULIN IN THE NEGATIVE. AND PLEASE RECORD MR. DIPIETRO IN THE

AFFIRMATIVE.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06232-C, RULES

REPORT NO. 663 WAS PREVIOUSLY AMENDED ON THIRD READING.

347

NYS ASSEMBLY JUNE 9, 2021

THE CLERK: ASSEMBLY NO. A06345, RULES REPORT

NO. 664, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO

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

SERGEANT PETER J. BLIDY MEMORIAL BRIDGE."

ACTING SPEAKER J.D. RIVERA: ON A MOTION BY

MR. DIPIETRO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL A.6345. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A06424, RULES REPORT

NO. 666, BICHOTTE HERMELYN, PICHARDO, PERRY. AN ACT TO AMEND THE

WORKERS' COMPENSATION LAW, IN RELATION TO PROVIDING A CLAIM-FILING

OPPORTUNITY FOR THE WIDOWS AND DEPENDENTS OF WORKERS WHO DIED AS A

RESULT OF CANCER CAUSED BY EXPOSURE TO DIESEL EXHAUST.

ACTING SPEAKER J.D. RIVERA: THE BILL IS LAID

ASIDE.

348

NYS ASSEMBLY JUNE 9, 2021

THE CLERK: ASSEMBLY NO. A06511, RULES REPORT

NO. 667, ABBATE, GRIFFIN. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO ESTABLISHING A DEATH BENEFIT FOR DEPUTY

SHERIFFS EMPLOYED BY NASSAU COUNTY.

ACTING SPEAKER J.D. RIVERA: 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 J.D. RIVERA: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL A.6511. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A06538-A, RULES

REPORT NO. 668, MAGNARELLI, BARRON, BARRETT, ENGLEBRIGHT, ZINERMAN,

THIELE, SIMON, LAVINE, LUPARDO, KELLES, WALLACE, SILLITTI. AN ACT TO

AMEND THE HIGHWAY LAW AND THE TRANSPORTATION CORPORATIONS LAW, IN

RELATION TO AGREEMENTS FOR FIBER OPTIC UTILITY USE AND OCCUPANCY OF STATE

RIGHT-OF-WAY.

ACTING SPEAKER J.D. RIVERA: READ THE LAST

349

NYS ASSEMBLY JUNE 9, 2021

SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL A.6538. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A06601-A, RULES

REPORT NO. 669, J.D. RIVERA, MCDONALD, SAYEGH, BURDICK,

SANTABARBARA, CLARK, GALEF, ASHBY, MONTESANO, DESTEFANO, NORRIS,

TAGUE, GALLAHAN, MANKTELOW, DAVILA, LUNSFORD, SILLITTI, JACOBSON,

SALKA, LEMONDES, SIMON, WALLACE, KELLES. AN ACT IN RELATION TO

ESTABLISHING THE NEW YORK STATE AID AND INCENTIVES FOR MUNICIPALITIES

REDESIGN TASK FORCE; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS

UPON EXPIRATION THEREOF.

ACTING SPEAKER J.D. RIVERA: ON A MOTION BY

J.D. RIVERA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER J.D. RIVERA: THE CLERK WILL

350

NYS ASSEMBLY JUNE 9, 2021

RECORD THE VOTE ON ASSEMBLY BILL A.6601 [SIC]. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: CONGRATULATIONS ON YOUR SECOND

BILL TONIGHT. OH, I'M SORRY. IT'S YOUR FIRST BILL TODAY, SINCE WE'RE NOW

PAST MIDNIGHT. CONGRATULATIONS ON BACK-TO-BACK. ONE YESTERDAY AND

ONE TODAY. I AM DISAPPOINTED, THOUGH, HOWEVER, THAT THIS TASK FORCE,

THE REDESIGN MUNICIPAL AID [SIC] DOES NOT INCLUDE A SINGLE

REPRESENTATIVE FROM EITHER THE REPUBLICAN ASSEMBLY OR THE -- OR THE

REPUBLICAN SENATE MINORITY. AND I HOPE IN THE FUTURE THAT WE LOOK TO

REPRESENT ALL NEW YORK ON THE TASK FORCE BY INCLUDING REPRESENTATIVES

FROM BOTH THE MINORITY AND THE MAJORITY PARTIES ON THESE

APPOINTMENTS.

THANK YOU, SIR.

ACTING SPEAKER J.D. RIVERA: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED. THANK YOU.

THE CLERK: ASSEMBLY NO. A06707-A, RULES

REPORT NO. 670, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN

RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE

"TEC. 5 EDWARD ENSER MEMORIAL HIGHWAY.

351

NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER J.D. RIVERA: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER J.D. RIVERA: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY BILL A.6707 [SIC]. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MR. GOODELL.

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

COLLEAGUE MR. DIPIETRO IN THE AFFIRMATIVE ON THIS. THANK YOU.

ACTING SPEAKER AUBRY: THAT MIGHT BE THE

LAST VOTE HE GETS THAT WAY.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06742, RULES REPORT

NO. 671, MONTESANO. AN ACT AUTHORIZING THE VILLAGE OF UPPER

BROOKVILLE TO RETROACTIVELY APPLY FOR REAL PROPERTY TAX EXEMPTION FOR

CERTAIN PROPERTY.

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.

352

NYS ASSEMBLY JUNE 9, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4700. THE CLERK WILL -- THIS IS A FAST

ROLL CALL. ANY MEMBER WHO WISHES TO 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. A06936, RULES REPORT

NO. 672, ABBATE, GRIFFIN. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO PROVIDING DEATH BENEFITS FOR CORRECTION

OFFICERS EMPLOYED BY NASSAU COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4440. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

353

NYS ASSEMBLY JUNE 9, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07030, RULES REPORT

NO. 673, THIELE. AN ACT TO AMEND CHAPTER 1001 OF THE LAWS OF 1966,

CONFIRMING THE AUTHORITY AND PROPRIETARY RIGHTS OF THE TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF EAST HAMPTON, IN

RELATION TO INCREASING THE TERM OF OFFICE FROM TWO YEARS TO FOUR YEARS

AND PROVIDING FOR THE STAGGERING OF SUCH TERMS OF OFFICE.

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 ON SENATE PRINT 6331. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07060-A, RULES

REPORT NO. 674, JEAN-PIERRE. AN ACT TO AMEND THE EDUCATION LAW, IN

354

NYS ASSEMBLY JUNE 9, 2021

RELATION TO INCREASING THE PERCENTAGE OF TOTAL FUNDS APPROPRIATED TO A

LIBRARY SYSTEM THAT MAY BE USED TO SUPPORT PROJECTS RECEIVING STATE AID

IN EXCESS OF 75 PERCENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 5753-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. A07241, RULES REPORT

NO. 675, GOTTFRIED, BRONSON, CRUZ, FERNANDEZ, HEVESI, MCDONALD,

SEAWRIGHT, SILLITTI, SIMON, WOERNER, GLICK, FORREST, JACKSON, BARRON,

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

COMMUNICABLE DISEASE CONTACT TRACING.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

355

NYS ASSEMBLY JUNE 9, 2021

RECORD THE VOTE ON ASSEMBLY PRINT 7241. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07326, RULES REPORT

NO. 676, GOTTFRIED, BRABENEC, CYMBROWITZ, DICKENS, ENGLEBRIGHT,

GALLAGHER, HEVESI, MCDONALD, MONTESANO, OTIS, PAULIN, SIMON,

TAYLOR, THIELE, ZINERMAN, LAVINE, DAVILA, FORREST, BARRON, FERNANDEZ,

DE LA ROSA, GONZ�LEZ-ROJAS, GOODELL, SEAWRIGHT. AN ACT TO AMEND

THE PUBLIC HEALTH LAW, IN RELATION TO PROTECTING THE CONFIDENTIALITY OF

VACCINE INFORMATION.

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.7326. THIS IS A FAST ROLL CALL.

ANY MEMBER WISHING TO 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.)

356

NYS ASSEMBLY JUNE 9, 2021

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07380-A, RULES

REPORT NO. 677, B. MILLER. AN ACT TO AMEND CHAPTER 4 OF THE LAWS OF

1977, RELATING TO INCORPORATING THE "WALLKILL HOOK LADDER AND HOSE

COMPANY FIREMEN'S BENEVOLENT ASSOCIATION", AND PROVIDING FOR ITS

POWERS AND DUTIES, IN RELATION TO THE PURPOSES THEREOF AND USE OF TAXES

THEREFOR.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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 6772-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. A07424, RULES REPORT

NO. 678, J.A. GIGLIO. AN ACT TO AUTHORIZE LONG ISLAND SCIENCE CENTER

TO FILE AN APPLICATION FOR A REAL PROPERTY TAX EXEMPTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

357

NYS ASSEMBLY JUNE 9, 2021

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 ON SENATE PRINT 6207. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07618-A, RULES

REPORT NO. 679, SALKA. AN ACT RELATING TO LEGALIZING, VALIDATING,

RATIFYING AND CONFIRMING A TRANSPORTATION CONTRACT OF THE ONEONTA CITY

SCHOOL DISTRICT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

SALKA, 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 396-A. THIS IS A FAST ROLL CALL. ANY

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

358

NYS ASSEMBLY JUNE 9, 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. A07633, RULES REPORT

NO. 680, ANGELINO. AN ACT TO AUTHORIZE THE TOWN OF BINGHAMTON,

COUNTY OF BROOME, TO ALIENATE AND DISCONTINUE THE USE OF CERTAIN

PARKLANDS FOR THE PURPOSE OF ACCOMMODATING EQUIPMENT AND SERVING AS

A TRAINING FACILITY FOR THE TOWN OF BINGHAMTON VOLUNTEER FIRE

DEPARTMENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

ANGELINO, 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 6593. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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, CAN YOU --

359

NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER AUBRY: HOLD ON, MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: -- RECORD OUR COLLEAGUES

MS. --

ARE THERE ANY OTHER VOTES?

OH, I'M SORRY, MRS. PEOPLES-STOKES. IT MUST BE LATE.

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

HAVE A FEW OF OUR COLLEAGUES THAT WOULD LIKE TO BE IN THE NEGATIVE ON

THIS ONE: MS. WEINSTEIN, MRS. BARRETT, MR. COLTON, MR. ENGLEBRIGHT,

MR. CAHILL, MS. WALKER AND MS. LINDA ROSENTHAL.

ACTING SPEAKER AUBRY: THANK YOU SO VERY

MUCH. SO NOTED.

AND NOW, ARE THERE ANY OTHER VOTES? ANNOUNCE THE

RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07634, RULES REPORT

NO. 681, CRUZ. AN ACT TO AMEND THE ELDER LAW, IN RELATION TO

ESTABLISHING AN ELDER ABUSE ENHANCED MULTIDISCIPLINARY TEAM

PROGRAM UNDER THE AUSPICES OF THE NEW YORK STATE OFFICE FOR THE

AGING.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6528. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07643-A, RULES

REPORT NO. NO. 682, J.A. GIGLIO. AN ACT TO AMEND THE HIGHWAY LAW,

IN RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE

"TROOPER THOMAS J. CONSORTE MEMORIAL BRIDGE."

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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 ON SENATE PRINT 7139. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. GIGLIO TO EXPLAIN HER VOTE.

361

NYS ASSEMBLY JUNE 9, 2021

MS. GIGLIO: THANK YOU, MR. SPEAKER. I'M TRULY

HONORED TO BE SPONSOR THIS BILL IN MEMORY OF TROOPER THOMAS J.

CONSORTE. OFFICERS OF THE LAW MUST BE HELD IN A PLACE OF HIGH ESTEEM

AND HONOR IF WE ARE TO MAINTAIN A SAFE AND PEACEFUL SOCIETY. THEY

DEVOTE THEIR LIVES TO PROTECT AND TO SERVE, AND IN THE LINE OF DUTY THEY

RISK THEIR LIVES FOR US EVERY DAY. NEW YORK STATE TROOPER THOMAS J.

CONSORTE EMBODIED THE SPIRIT OF SELFLESS DEDICATION. TROOPER CONSORTE

WAS GRADUATED FROM THE STATE POLICE ACADEMY IN 1985 AND PROUDLY

ACCEPTED SHIELD NUMBER 3592. HE WAS FIRST ASSIGNED TO TROOP K AND

THEN TRANSFERRED TO TROOP L TO BE CLOSER TO HIS WIFE AND YOUNG CHILD.

BORN MARCH 7, 1963 IN OCEANSIDE, NEW YORK, HE IS AN ALUMNUS OF

COMSEWOGUE HIGH SCHOOL IN PORT JEFF STATION. TROOPER CONSORTE'S

CAREER WAS HIGHLIGHTED IN 1986 WHEN HIS POLICE ACTIONS LED TO THE ARREST

OF AN INDIVIDUAL WHO HAD SHOT A SUFFOLK COUNTY POLICE OFFICER. ON

THE NIGHT OF NOVEMBER 23, 1987 WHILE HE WAS POLICING A MOTOR VEHICLE

ACCIDENT IN THE TOWN OF RIVERHEAD, TROOPER CONSORTE WAS STRUCK BY

ANOTHER VEHICLE AND KILLED. HE WAS 24 YEARS OLD. REFLECTIONS FOR A

MAN WHO DEVOTED HIS LIFE TO KEEPING US SAFE POURED IN. TROOPER

THOMAS J. CONSORTE WILL NEVER, EVER BE FORGOTTEN, SAID FIRST SERGEANT

THOMAS WEBB OF TROOP D. THANK YOU FOR YOUR SERVICE TO THE STATE OF

NEW YORK AND YOUR DEDICATION AND DEVOTION TO SERVING YOUR

COMMUNITY. MAY YOUR SOUL REST IN HEAVEN AND MAY GOD BLESS YOUR

FAMILY, ESPECIALLY YOUR SON ERIC.

IT'S BEEN A LONG TIME AGO THAT I HAD THE PLEASURE OF

MEETING YOU, YOU A TROOPER AND I A RIVERHEAD OFFICER, WROTE DETECTIVE

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NYS ASSEMBLY JUNE 9, 2021

RICHARD VON VOIGT. IT WAS A TERRIBLE TRAGEDY THE DAY YOU WERE TAKEN

FROM US. I'LL NEVER FORGET THE LOSS TO OUR POLICE COMMUNITY. I ALSO

REMEMBER THE ROLE YOU PLAYED IN THE APPREHENSION OF THE SHOOTER OF A

SUFFOLK COUNTY POLICE OFFICER.

AND BRAVE MESSAGE FROM HIS SON ERIC. HI, DAD. IT'S

20 YEARS TODAY AND THE TIME DEFINITELY WENT TOO QUICK. MISSING YOU

MORE AND MORE EVERY DAY, BUT I'VE JUST GOT TO BE STRONG AND EVERYTHING

WILL BE OKAY, RIGHT? WELL, I'M JUST KEEPING YOU UPDATED AND LETTING YOU

KNOW THAT I THINK ABOUT YOU EVERY DAY. REST EASY, DAD. ONE GOOD

MAN THAT I HAVE EVER HAD THE CHANCE TO MEET. LOVE YOU.

TROOPER CONSORTE WILL LIVE IN OUR HEARTS, AND TO

FURTHER HONOR HIM, I HUMBLY SPONSOR BILL 7643 TO DESIGNATE THE BRIDGE

AT STATE ROUTE 25 AND THE LONG ISLAND EXPRESSWAY IN HIS MEMORY AND

TO ERECT AND MAINTAIN THE PROPER SIGNAGE INDICATING IT SO. I URGE MY

COLLEAGUES HERE IN THE ASSEMBLY AS WELL AS IN THE SENATE TO ALSO

SUPPORT THIS MEASURE.

THANK YOU, MR. SPEAKER, FOR LETTING ME CONTINUE.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07681-A, RULES

REPORT NO. 683, FERNANDEZ. AN ACT TO AMEND THE FAMILY COURT ACT

AND THE EXECUTIVE LAW, IN RELATION TO REENTRY OF FORMER FOSTER CARE

CHILDREN INTO FOSTER CARE.

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NYS ASSEMBLY JUNE 9, 2021

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07686, RULES REPORT

NO. 684, FRONTUS. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN

RELATION TO PROVIDING CRISIS INTERVENTION TEAM TRAINING, MENTAL HEALTH

FIRST AID, IMPLICIT BIAS TRAINING AND NALOXONE TRAINING TO FIREFIGHTERS AND

EMERGENCY MEDICAL SERVICES PERSONNEL.

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 7686. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07690, RULES REPORT

NO. 685, ABINANTI. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN

RELATION TO INCLUDING CERTAIN DATA IN THE STATEWIDE COMPREHENSIVE PLAN

FOR PERSONS WITH MENTAL DISABILITIES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

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NYS ASSEMBLY JUNE 9, 2021

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 6277. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07694-A, RULES

REPORT NO. 686, LUNSFORD, MCDONALD, JACOBSON. AN ACT TO AMEND THE

GENERAL MUNICIPAL LAW, IN RELATION TO EXTENDING THE COUNTYWIDE

SHARED SERVICES INITIATIVE AND ENHANCING FLEXIBILITY WITHIN.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6445-A. THIS IS A FAST ROLL CALL. ANY

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

365

NYS ASSEMBLY JUNE 9, 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. A07755-A, RULES

REPORT NO. 687, PHEFFER AMATO, GRIFFIN, RA, ZEBROWSKI, LAVINE,

BUTTENSCHON. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO

AUTHORIZING THE RETENTION OF FEDERAL FUNDS FOR SPECIAL EDUCATION

PROGRAMS FOR PRESCHOOL CHILDREN THAT ARE SUBJECT TO TUITION RATE

RECONCILIATION.

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 7755-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. A07793, RULES REPORT

NO. 688, DESTEFANO. AN ACT IN RELATION TO GRANTING KEVIN MORIARTY

366

NYS ASSEMBLY JUNE 9, 2021

TIER IV STATUS IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6822. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07795, RULES REPORT

NO. 689, WALLACE. AN ACT TO AMEND THE FAMILY COURT ACT, IN RELATION

TO THE FILING OF OBJECTIONS IN CHILD SUPPORT CASES IN THE FAMILY COURT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07797, RULES REPORT

NO. 690, RAJKUMAR. AN ACT TO AMEND THE COURT OF CLAIMS ACT, IN

RELATION TO ALLOWING FOR DISMISSAL OF A CLAIM BASED ON CLAIMANT'S FAILURE

TO COMPLY WITH PLEADING REQUIREMENTS.

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NYS ASSEMBLY JUNE 9, 2021

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 7797. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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. A07896, RULES REPORT

NO. 691, BROWN. AN ACT IN RELATION TO PERMITTING BRENTWOOD FIRE

DISTRICT TO FILE AN APPLICATION FOR A RETROACTIVE REAL PROPERTY TAX

EXEMPTION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 7896. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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.)

368

NYS ASSEMBLY JUNE 9, 2021

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07918, RULES REPORT

NO. 692, CYMBROWITZ. AN ACT TO AMEND THE LOCAL EMERGENCY

HOUSING RENT CONTROL ACT, IN RELATION TO THE DATE IN CALENDAR YEAR 2022

WHEN THE LOCAL LEGISLATIVE BODY OF A CITY HAVING A POPULATION OF ONE

MILLION OR MORE MAY DETERMINE THE CONTINUATION OF THE EMERGENCY; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07920, RULES REPORT

NO. 693, HAWLEY. AN ACT GRANTING RETROACTIVE TIER IV MEMBERSHIP IN

THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM TO BRIAN

ZIELINSKI.

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.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 6585. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

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NYS ASSEMBLY JUNE 9, 2021

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

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

COLLEAGUE MR. FITZPATRICK IN THE NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07964, RULES REPORT

NO. 694, SIMPSON. AN ACT TO AUTHORIZE JAIME LACZKO TO ELECT TO

PARTICIPATE IN THE OPTIONAL 25-YEAR RETIREMENT PLAN FOR FOREST RANGERS IN

THE SERVICE OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

SIMPSON, 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 5544. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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.

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NYS ASSEMBLY JUNE 9, 2021

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

COLLEAGUE MR. FITZPATRICK IN THE NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08009, RULES REPORT

NO. 695, L. ROSENTHAL. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO MAKING VOUCHERS AVAILABLE UNDER THE FAMILY HOMELESSNESS

AND EVICTION PREVENTION SUPPLEMENT PROGRAM IN SOCIAL SERVICES

DISTRICTS WITH A POPULATION OF FIVE MILLION OR MORE.

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 8009. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO 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, MR. FITZPATRICK AND MR. NORRIS IN THE NEGATIVE.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU, SIR.

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NYS ASSEMBLY JUNE 9, 2021

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 WE

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE, I AM TOLD,

BOTH, MRS. PEOPLES-STOKES. FIRST, THE RESO -- THE HOUSEKEEPING.

ON A MOTION BY MR. DINOWITZ, PAGE 9, RULES REPORT

NO. 260, BILL NO. A.7536-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON BEHALF OF MR. CARROLL, ASSEMBLY BILL RECALLED FROM

THE SENATE. THE CLERK WILL READ THE TITLE OF THE BILL.

THE CLERK: AN ACT TO AMEND THE PUBLIC

AUTHORITIES LAW.

ACTING SPEAKER AUBRY: MOTION TO RECONSIDER

THE VOTE BY WHICH THE BILL PASSED THE HOUSE.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

ACTING SPEAKER J.D. RIVERA: RESOLUTION 438,

THE CLERK WILL READ THE TITLE.

THE CLERK: ASSEMBLY RESOLUTION NO. 438, MS.

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NYS ASSEMBLY JUNE 9, 2021

DICKENS.

LEGISLATIVE RESOLUTION COMMEMORATING THE

OBSERVANCE OF THE 1ST ANNUAL JUNETEENTH DAY IN THE STATE OF NEW YORK

ON JUNE 19, 2021.

ACTING SPEAKER J.D. RIVERA: MRS.

PEOPLES-STOKES ON THE RESOLUTION.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IT'S AN HONOR AND A PLEASURE TO HAVE THE OPPORTUNITY TO BRING

FORTH JUNETEENTH, EVEN THOUGH WE HOPEFULLY WILL NOT BE IN ALBANY AT

THAT TIME. THOSE OF US WHO LIVE IN AND AROUND COMMUNITIES WHERE

THERE WILL BE MASS CELEBRATIONS WILL BE DOING SO DURING THE TEENTH

WEEKEND. SOME OF US WILL BE VISITING NIAGARA FALLS, WHICH FOR THE

FIRST TIME IN HISTORY LAST YEAR WAS LIT UP IN THE COLORS OF RED, BLACK AND

GREEN IN HONOR OF JUNETEENTH. JUNETEENTH IS ALSO KNOWN AS

EMANCIPATION DAY, LIBERATION DAY, FREEDOM DAY, AND IT'S AN ANNUAL

HOLIDAY COMMEMORATING THE END OF SLAVERY IN THE UNITED STATES OF

AMERICA. IN 1865, TWO-AND-A-HALF YEARS AFTER THE EMANCIPATION

PROCLAMATION, GENERAL GORDON GRANGER, A NEW YORKER BY BIRTH, A

CAREER U.S. ARMY OFFICER AND A UNION GENERAL, JOINED THE AMERICAN

CIVIL WAR, ARRIVED IN GALVESTON, TEXAS AND ISSUED ORDER NO. 3. THE

ORDER READ -- WAS READ ALOUD TO THE PEOPLE TEXAS AND IT ESSENTIALLY

STATED, THE PEOPLE OF TEXAS ARE INFORMED THAT IN ACCORDANCE WITH A

PROCLAMATION FROM THE EXECUTIVE OF THE UNITED STATES, ALL SLAVES ARE

FREE. THIS INVOLVES AN ABSOLUTE EQUITY OF RIGHTS, RIGHTS TO PROPERTY

BETWEEN MASTERS AND FORMER SLAVES, AND THE CONNECTION THEREFORE

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NYS ASSEMBLY JUNE 9, 2021

EXISTING BETWEEN THEM BECOMES THAT BETWEEN AN EMPLOYER AND A

LABORER.

JUNETEENTH CELEBRATES AFRICAN-AMERICANS' FREEDOM,

ACHIEVEMENTS AND ALSO A TIME FOR REFLECTION ON EDUCATION,

SELF-IMPROVEMENT, CELEBRATIONS WHICH INCLUDE PARADES, PUBLIC

SPEAKING EVENTS, REENACTMENTS AND PRAYER SERVICES. THE NUMBER OF

CITIES IN THE STATE CREATING JUNETEENTH COMMITTEES CONTINUES TO INCREASE

AND SEVERAL CITIES IN THE STATE OF NEW YORK CELEBRATE JUNETEENTH

INCLUDING ALBANY, BINGHAMTON, BRONX, BROOKLYN, ROCHESTER,

SCHENECTADY, SYRACUSE AND A HOST OF OTHERS INCLUDING THE GREAT CITY OF

BUFFALO, WHICH IS LAUDED AS HAVING THE SECOND-LARGEST CELEBRATION,

SECOND ONLY TO TEXAS. THE SECOND AND THE LONGEST. IT SERVES RIGHT NOW

IN ITS 46 YEARS OF CELEBRATING JUNETEENTH IN THE GREAT CITY OF BUFFALO.

IN 1980 THE STATE OF TEXAS WAS THE FIRST STATE TO RECOGNIZE JUNETEENTH

AS AN OFFICIAL STATE HOLIDAY. AS YOU KNOW, WE HAVE JOINED THEM

BECAUSE OUR OWN COLLEAGUE AND OUR ASSISTANT MAJORITY LEADER ALICIA

HYNDMAN SPONSORED LEGISLATION LAST YEAR IN 2020 TO MAKE JUNETEENTH A

PUBLIC HOLIDAY IN THE STATE OF NEW YORK. AND SO NEXT WEEK AS WE ALL

CELEBRATE AND HONOR THE LIVES OF -- THE END OF SLAVERY AND THE LIVES OF

PEOPLE IN COLOR IN THIS GREAT STATE, I WOULD ASK YOU ALL TO JOIN US IN

CELEBRATING JUNETEENTH.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER J.D. RIVERA: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SAY AYE. ANY

OPPOSED? THE RESOLUTION IS ADOPTED.

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NYS ASSEMBLY JUNE 9, 2021

WE HAVE OTHER FINE RESOLUTIONS --

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M. THURSDAY --

ACTING SPEAKER J.D. RIVERA: THERE'S STILL --

MRS. PEOPLES-STOKES: WE HAVE MORE

RESOLUTIONS?

ACTING SPEAKER J.D. RIVERA: WE HAVE A

NUMBER OF FINE RESOLUTIONS THAT WE'LL TAKE UP IN ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SAY AYE. ALL

THOSE OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 436, 437 AND

439-444 WERE UNANIMOUSLY ADOPTED.)

NOW, MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I NOW MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00

A.M. THURSDAY, JUNE THE 10TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER J.D. RIVERA: THE ASSEMBLY

STANDS ADJOURNED.

(WHEREUPON, AT 1:06 A.M., THE HOUSE STOOD ADJOURNED

UNTIL THURSDAY, JUNE 10TH AT 10:00 A.M., THAT BEING A SESSION DAY.)

375