TUESDAY, JANUARY 31, 2023 2:41 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN MEMBERS IN THE PLEDGE OF

ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF MONDAY, JANUARY 30TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY JANUARY 31, 2023

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, JANUARY

30TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

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

AND COLLEAGUES, AS WELL AS GUESTS THAT ARE IN THE CHAMBER. I WOULD LIKE

TO START TODAY WITH A QUOTE. AGAIN, WE ARE STILL IN THE MONTH THAT WE

CELEBRATE MARTIN LUTHER KING, EVEN THOUGH THEY SAY IT SHOULD ONLY BE

ON THAT ONE MONDAY, WE HAVE BEEN CELEBRATING HIM ALL MONTH, SIR, AND

JUST TODAY WE'RE GOING TO USE A QUOTE FROM HIS WIFE, CORETTA SCOTT

KING. AND HER WORDS FOR US TODAY IS, IT DOESN'T MATTER HOW STRONG

YOUR OPINIONS ARE. IF YOU DON'T USE YOUR POWER FOR POSITIVE CHANGE,

YOU ARE, INDEED, A PART OF THE PROBLEM. AGAIN, THOSE WORDS FROM

CORETTA SCOTT KING. MR. SPEAKER AND COLLEAGUES, YOU HAVE ON -- OUR

COLLEAGUES HAVE ON THEIR DESK A MAIN CALENDAR, AND AFTER YOU HAVE

DONE ANY INTRODUCTIONS AND/OR HOUSEKEEPING, SIR, WE WILL CALL FOR THE

WAYS AND MEANS COMMITTEE TO MEET OFF THE FLOOR IN THE SPEAKER'S

CONFERENCE ROOM, IMMEDIATELY FOLLOWED BY THE RULES COMMITTEE.

THESE COMMITTEES WILL PRODUCE AN A-CALENDAR, WHICH WE WILL TAKE UP

TODAY -- TODAY ON CONSENT. WHILE THE COMMITTEES ARE MEETING, WE WILL

BEGIN OUR WORK ON THE FLOOR BY FIRST TAKING UP RESOLUTIONS ON PAGE 3. I

BELIEVE SOME OF OUR COLLEAGUES WOULD LIKE TO SPEAK ON THESE

RESOLUTIONS, AND THEN WE'RE GOING TO START ON PAGE 4 WITH TAKING UP THE

FOLLOWING BILLS ON DEBATE: RULES REPORT BY MR. ZEBROWSKI, IT'S NO. 28;

NYS ASSEMBLY JANUARY 31, 2023

RULES REPORT NO. 32 BY MR. DINOWITZ; AND RULES REPORT NO. 41 BY

MR. MCDONALD. IF THERE IS A NEED TO ADVANCE FURTHER FLOOR ACTIVITY, MR.

SPEAKER, I WILL DO SO AT THAT TIME.

THAT'S A GENERAL OUTLINE OF WHERE WE'RE GOING TODAY,

SIR. IF YOU HAVE INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE A GREAT

TIME.

ACTING SPEAKER AUBRY: WE'LL GO DIRECTLY TO

INTRODUCTIONS, MRS. PEOPLES-STOKES.

AND FOR THE PURPOSES OF AN INTRODUCTION, MS. REYES.

MS. REYES: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME AN OPPORTUNITY FOR AN INTRODUCTION.

TODAY, WE WELCOME THE BRONX GARIFUNA DELEGATION TO

ALBANY. THE GARIFUNA PEOPLE ARE AFRO-INDIGENOUS CENTRAL AMERICANS

FROM HONDURAS, GUATEMALA, NICARAGUA AND BELIZE. NEW YORK IS

HOME TO MORE THAN 300,000 GARIFUNA PEOPLE, WITH ITS LARGEST

CONCENTRATION IN MY HOME BOROUGH OF THE BRONX. WITH US TODAY IS.

HONDUREÑOS CONTRA EL SIDA, (HONDURANS AGAINST AIDS) AND ITS

FOUNDER, MS. MIRTHA COLON. HONDUREÑOS CONTRA EL SIDA IS AN

ORGANIZATION OPERATING WITH A DEDICATED CORE OF VOLUNTEERS AND A BOARD

OF DIRECTORS COMPRISED OF LEADERS FROM THE NEW YORK CITY GARIFUNA

COMMUNITY. THEIR WORK RANGES FROM HIV/AIDS PREVENTION AND

EDUCATION AROUND ISSUES OF SUBSTANCE ABUSE, ALCOHOLISM, CHILD ABUSE

AND NEGLECT, AS WELL AS ADVOCACY ON TRANSNATIONAL PUBLIC POLICY AND

ADVOCACY FOR MORE HUMANE AND JUST IMMIGRATION POLICIES.

WITH THEM IS BRONX-BASED COMMUNITY CENTER, CASA YURUMEIN. CASA

NYS ASSEMBLY JANUARY 31, 2023

YURUMEIN IN GARIFUNA MEANS HOMELAND, AND THEIR CENTER IS HOME TO

MANY SMALLER GARIFUNA COMMUNITY GROUPS WHOSE MISSION IS TO ELEVATE

THE QUALITY OF LIFE OF AFRICAN DESCENDANTS, CENTRAL AMERICAN

IMMIGRANTS THROUGH CULTURALLY RELATIVE PROGRAMS AND CIVIC

ENGAGEMENT. LASTLY, WITH THEM IS ALSO ALIANZA AMERICAS. ALIANA

AMERICAS IS A NETWORK OF IMMIGRANT-LED ORGANIZATIONS WORKING IN THE

UNITED STATES AND TRANSNATIONALLY TO CREATE AN INCLUSIVE, EQUITABLE AND

SUSTAINABLE WAY OF LIFE FOR COMMUNITIES ACROSS NORTH, CENTRAL, AND

SOUTH AMERICA. TO THEM, I SAY BUITI ACHÜLURUNI, WHICH MEANS

WELCOME IN GARIFUNA. MR. SPEAKER, PLEASE HELP ME IN WELCOMING THIS

DISTINGUISHED GROUP OF COMMUNITY MEMBERS AND EXTEND TO THEM THE

CORDIALITIES OF THE FLOOR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. REYES, THE SPEAKER AND ALL THE MEMBERS, WE WISH -- WISH THIS

GROUP FROM THE GARIFUNA COMMUNITY FROM THE BRONX. WE EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. WE THANK YOU FOR THIS ANNUAL TRIP THAT

YOU HAVE MADE OVER THE YEARS. WE HOPE YOU WILL CONTINUE TO DO THAT

AND THAT YOUR EFFORTS TO IMPROVE YOUR COMMUNITY'S LIFE WILL CONTINUE.

THANK YOU SO VERY MUCH TO ALL OF YOU.

(APPLAUSE)

MR. BURDICK FOR AN INTRODUCTION.

MR. BURDICK: THANK YOU, MR. SPEAKER. I RISE FOR

THE PURPOSE OF MAKING AN INTRODUCTION. IT IS MY HONOR AND PLEASURE TO

WELCOME TO THE NEW YORK STATE ASSEMBLY THE BOYS AND GIRLS CLUB OF

NORTHERN WESTCHESTER, AND I WOULD ASK THAT THEY STAND UP, ALL OF OUR

NYS ASSEMBLY JANUARY 31, 2023

VISITORS - AND THERE THEY ARE. TODAY, WE HAVE LEADERSHIP OF THE CLUB

TOGETHER WITH MANY OF THE YOUNG PEOPLE WHO PARTICIPATE IN THE CLUB'S

PROGRAMS. ALL THREE OF MY CHILDREN HAD THE GOOD FORTUNE TO GROW AND

LEARN AT THE CLUB. SO I REALLY CAN STATE FROM FIRSTHAND KNOWLEDGE THAT

PARTICIPATING IN THE CLUB CAN BE A FOUNDATIONAL AND LIFE-ALTERING

EXPERIENCE FOR MANY YOUTH. I THEREFORE RESPECTFULLY ASK THAT THE FULL

COURTESIES OF THE HOUSE BE EXTENDED TO THESE WONDERFUL VISITORS.

THANK YOU, MR. SPEAKER.

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. WE EXTEND TO YOU THE

PRIVILEGES OF THE HOUSE AND OF THE FLOOR. WE HOPE THAT YOUR TRIP WILL

BE BENEFICIAL, THAT YOU WILL UNDERSTAND AND APPRECIATE SOME OF WHAT

YOU WATCH TODAY HERE ON THE ASSEMBLY FLOOR, AND THAT YOU ARE ALWAYS

WELCOME HERE AND PLEASE KNOW THAT YOU CAN RETURN. THANK YOU SO

VERY MUCH.

(APPLAUSE)

AND PURPOSES OF AN ANNOUNCEMENT: WAYS AND MEANS

IN THE SPEAKER'S CONFERENCE ROOM, IMMEDIATELY, PLEASE.

(PAUSE)

ACTING SPEAKER RIVERA: RESOLUTIONS ON PAGE

3, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 62, MS.

BICHOTTE-HERMELYN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

NYS ASSEMBLY JANUARY 31, 2023

KATHY HOCHUL TO PROCLAIM JANUARY 29TH - FEBRUARY 4TH, 2023, AS

PHYSICIAN ANESTHESIOLOGISTS WEEK IN THE STATE OF NEW YORK.

MS. BICHOTTE-HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS IMPORTANT RESOLUTION. THIS

YEAR MARKS THE 9TH ANNUAL NATIONAL PHYSICIAN ANESTHESIOLOGIST WEEK,

WHICH TAKES FROM -- WHICH TAKES PLACE FROM JANUARY 29TH TO FEBRUARY

4TH. WHETHER DURING A SURGICAL CRISIS, PROVIDING PAIN MANAGEMENT OR

PROTECTING SAFE ANESTHESIA CARE FOR VETERANS, PHYSICIAN

ANESTHESIOLOGISTS ARE HEALTH CARE CHAMPIONS THAT NAVIGATE LIFE AND

DEATH MOMENTS TO KEEP PATIENTS SAFE IN THE STATE AND OUR COMMUNITY.

THE VITAL PHYSICIAN ANESTHESIOLOGISTS WEEK IS A PIVOTAL EVENT OF

ADVOCACY AND PUBLIC OUTREACH TO EDUCATE KEY AUDIENCES THAT

ANESTHESIOLOGISTS ARE UNIQUELY QUALIFIED TO LEAD PATIENT CARE.

PHYSICIAN ANESTHESIOLOGISTS UNDERGO 12 TO 14 YEARS OF

EDUCATION, AND 12,000 TO 16,000 HOURS OF TRAINING, AND THEY ARE

RECOGNIZED LEADERS WHO ARE COMMITTED TO PRO -- TO PROVIDING UNIVERSAL

ACCESS TO HIGH QUALITY AND SAFE PATIENT CARE. EVERY PERSON IN NEW

YORK IS ENTITLED TO AND SHOULD HAVE UNIVERSAL ACCESS TO THE HIGHEST

LEVEL OF ANESTHESIA CARE, REGARDLESS OF SOCIO-ECONOMIC STATUS. WE ALL

DESERVE A PHYSICIAN ANESTHESIOLOGIST LEADING OUR CARE, ADVOCATING FOR

US AND SAFEGUARDING US WHEN WE ARE UNDER ANESTHESIA.

IT IS ALSO VITAL TO RECOGNIZE THE EXPERTISE AND EFFORTS OF

PHYSICIAN ANESTHESIOLOGISTS IN COMBATING HIGH MATERNAL MORTALITY

RATES. IN THE U.S., MATERNAL MORTALITY CONSISTENTLY RANKS AMONG THE TOP

CAUSES OF DEATH AMONG WOMEN AGES 20 TO 44 YEARS. AND IN THE CITY OF

NYS ASSEMBLY JANUARY 31, 2023

NEW YORK, AVERAGE MATERNAL MORTALITY RATE AMONG BLACK PREGNANT

PEOPLE MORE THAN NINE TIMES THE RATE OF WHITE PREGNANT PEOPLE. I WAS

ONE OF THESE SURVIVORS AND VICTIMS. THE LOWEST CARE OF MAT -- MATERNAL

MORTALITY IS UNDER 1 PERCENT FOR ANESTHESIA-RELATED COMPLICATIONS, AND

THE EXPERTISE OF ANESTHESIOLOGISTS HAS GARNERED NATIONAL ATTENTION FOR

IMPROVING MATERNAL HEALTH. PUBLISHED RECOMMENDATIONS INCLUDE

ANESTHESIOLOGIST EXPERTISE TO REVIEW QUALITY AND SAFETY MEASURES,

OPTIMIZE CARE AND IDENTIFY THE CAUSES OF MATERNAL MORTALITY. THIS

WEEK HIGHLIGHTS THE IMPORTANCE OF PATIENT-CENTERED PHYSICIAN-LED

ANESTHESIA CARE, AND IS A MONUMENTAL CHANCE TO RAISE AWARENESS OF

HOW ANESTHESIOLOGISTS ARE MADE FOR CRITICAL MOMENTS IN HEALTH CARE.

TODAY, LET'S RESOLVE TO RAISE AWARENESS FOR PHYSICIANS

ANESTHESIOLOGISTS SERVING AS GUARDIANS OF OUR PATIENT SAFETY AND HEALTH

CARE, AND KEEP SUPPORTING AND ADVOCATING THEIR VITAL WORK. I AM A

PROUD -- I AM PROUD TO SPONSOR THIS RESOLUTION AS AN IMPORTANT STEP TO

DO SO AND THANK EVERYONE WHO HAS COSPONSORED THIS RESOLUTION TO

EQUITABLY IMPROVE THE NEW YORK -- THE HEALTH OF NEW YORKERS WHILE

RECOGNIZING THE DEDICATED PROFESSIONALS BEHIND THE SCENE. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER RIVERA: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 63, MR.

CUNNINGHAM.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

NYS ASSEMBLY JANUARY 31, 2023

KATHY HOCHUL TO PROCLAIM FEBRUARY 3RD, 2022, AS FOUR CHAPLAINS DAY

IN THE STATE OF NEW YORK.

ACTING SPEAKER RIVERA: ON THE RESOLUTION,

ALL THOSE IN FAVOR -- MR. EACHUS ON THE RESOLUTION.

MR. EACHUS: THANK YOU, MR. SPEAKER. I WOULD

LIKE TO, ALTHOUGH I DID NOT BRING THIS FORWARD, I WANT TO THANK THE

SPONSOR FOR IT. THE STORY OF THE FOUR CHAPLAINS IS A LONG-HELD STORY

FROM WORLD WAR II. THE FOUR CHAPLAINS, ALSO REFERRED TO AS THE

IMMORTAL CHAPLAINS OR THE DORCHESTER CHAPLAINS, AS THAT WAS THE SHIP

THAT THEY WENT DOWN WITH, GAVE THE LIFEJACKETS RIGHT OFF THEIR BACKS

AND, THEREFORE, THEIR LIVES, AS THE TROOP SHIP WAS SINKING. THIS

OCCURRED ON FEBRUARY 3RD, 1943. THE CHAPLAINS, ONE JEWISH, ONE

CATHOLIC, ONE METHODIST AND ONE REFORMED CHURCH IN AMERICA, LINKED

ARMS, SAID PRAYERS TOGETHER AND SANG HYMNS AS THEY WENT DOWN WITH

THE SHIP. WE DON'T KNOW HOW MANY FOLKS THEY SAVED, BUT WE DO KNOW

THAT THEY TELL US, A VERY, VERY DIFFERENT -- TELL US A VERY TRUE STORY.

THREE OUT OF FOUR THESE WERE LEADERS IN THE BOY SCOUTS OF AMERICA,

AND THEY WERE ALL PROFOUND LEADERS WITHIN THEIR COMMUNITIES. I

PROUDLY WEAR MY BOY SCOUT OF AMERICAN PIN UNDERNEATH MY

ASSEMBLY PIN IN RESPECT TO WHAT THESE MEN HAVE DONE, AND DID DO. IT

IS MY HOPE THAT WE RECOGNIZE THIS DAY, FEBRUARY 3RD, EVERY YEAR, AND

RECOGNIZE HOW MEN OF DIFFERENT RELIGIONS CAN COME TOGETHER TO HELP

OTHERS, AND THAT IS MY WISH HERE ON THE FLOOR, ALSO. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER RIVERA: THANK YOU.

NYS ASSEMBLY JANUARY 31, 2023

MR. STECK.

MR. STECK: VERY BRIEFLY, AND THANK YOU, MR.

SPEAKER. I JUST WANTED TO POINT OUT THAT ONE OF THE FOUR CHAPLAINS WAS

THE MINISTER AT THE FIRST REFORMED CHURCH IN THE CITY OF SCHENECTADY.

THANK YOU.

ACTING SPEAKER RIVERA: ON THE RESOLUTION,

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

ADOPTED.

PAGE 4, RULES REPORT 28, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00624, RULES REPORT

NO. 28, ZEBROWSKI. AN ACT TO AMEND THE STATE FINANCE LAW AND THE

EDUCATION LAW, IN RELATION TO THE OVERSIGHT OF CERTAIN CONTRACTS BY THE

COMPTROLLER.

ACTING SPEAKER RIVERA: AN EXPLANATION HAS

BEEN REQUESTED.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. SURE.

THIS IS A CHAPTER AMENDMENT TO CHAPTER 839 OF THE LAWS OF 2022.

WHAT THAT CHAPTER DID WAS REESTABLISH OVERSIGHT FOR THE COMPTROLLER

OVER A BUNCH OF DIFFERENT CONTRACTS IN THE STATE, BOTH SUNY, CUNY,

OGS. THIS CHAPTER AMENDMENT MAKES SOME SLIGHT CHANGES TO THAT

BILL WE PASSED LAST YEAR.

ACTING SPEAKER RIVERA: MR. GOODELL.

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

THE SPONSOR YIELD?

MR. ZEBROWSKI: YES, I'LL YIELD.

NYS ASSEMBLY JANUARY 31, 2023

MR. GOODELL: THANK YOU, MR. ZEBROWSKI. AND

JUST SO WE'RE ON THE SAME PAGE, YOU DRAFTED THE ORIGINAL BILL, OR

INTRODUCED THE ORIGINAL BILL TO RESTORE BY STATUTE THE COMPTROLLER'S

OVERSIGHT OVER VARIOUS CONTRACTS AND THE NUMBERS THAT YOU HAD, AS I

UNDERSTAND IT IN YOUR ORIGINAL BILL, ARE ALL BEING INCREASED IN TERMS OF

THE THRESHOLD; IS THAT CORRECT?

MR. ZEBROWSKI: THERE'S A VARIETY OF THEM BEING

INCREASED.

MR. GOODELL: SO FOR EXAMPLE, SUNY, CUNY,

THAT GOES -- THE THRESHOLD GOES FROM 50,000 TO 75,000?

MR. ZEBROWSKI: CORRECT.

MR. GOODELL: AND OGS, CENTRALIZED CONTRACTS,

THAT GOES FROM 85,000 TO 125,000?

MR. ZEBROWSKI: CORRECT.

MR. GOODELL: AND THEN SUNY HEALTH GOES FROM

75,000 TO 150,000?

MR. ZEBROWSKI: CORRECT.

MR. GOODELL: SO THE NET EFFECT OF THE CHAPTER

AMENDMENT IS TO REDUCE THE COMPTROLLER'S OVERSIGHT OVER CONTRACTS

THAT FALL BELOW THE NEW PROPOSED AMOUNTS, CORRECT?

MR. ZEBROWSKI: IT'S A BUNCH OF DIFFERENT THINGS

THAT HAPPEN. SOME OF THE DAYS WERE CHANGED, AS WELL. WHEN WE

PASSED THE BILL, WE KNEW IT WAS ONE THAT EXECUTIVES PROBABLY WOULDN'T

LIKE, RIGHT, NOT SPECIFIC TO THIS EXECUTIVE, BUT IN GENERAL THEY DON'T

PARTICULARLY LOVE HAVING TO GO FOR PRE-APPROVALS FOR PURCHASING AND

NYS ASSEMBLY JANUARY 31, 2023

OTHER THINGS BY THE COMPTROLLER. BUT WE ALSO KNOW THAT THAT'S BETTER

GOVERNMENT. THIS BILL HAD A LOT OF SUPPORT FROM GOOD GOVERNMENT

GROUPS, AROUND THE STATE, AND SIGNIFICANT, STRONG SUPPORT FROM OUR

COMPTROLLER, TOM DINAPOLI.

SO I, QUITE FRANKLY, MR. GOODELL, ALWAYS WORRY THAT IT

WAS GOING TO MEET THE VETO PEN, BUT I WAS -- I WAS PLEASANTLY SURPRISED

THAT THIS GOVERNOR DID ENGAGE IN NEGOTIATIONS. THEY HAD SOME

ARGUMENTS ABOUT EFFICIENCIES, CERTAINLY IT CREATES A BIT OF WORK FOR

THESE AGENCIES. AND ALSO THROUGHOUT THIS PROCESS, I PROBABLY GOT SOME

OF THE MOST PUSHBACK FROM SUNY AND CUNY CAMPUSES WHO DON'T

LIKE ENGAGING IN THIS SORT OF REVIEW. CERTAIN MEMBERS TALKED TO ME

ABOUT THAT, HAD BEEN REACHED OUT TO BY THEIR SUNY CAMPUSES.

SO AT THE END OF THE DAY, WE DID MAKE SOME

ADJUSTMENTS IN THOSE NEGOTIATIONS, AND MOST OF THOSE DID INCREASE, AS

WE JUST WENT THROUGH THE CONTRACTED AMOUNTS. SO THE COMPTROLLER

WON'T HAVE REVIEW UNDER THOSE AMOUNTS, BUT WE DO STILL THINK THAT IT'S A

SIGNIFICANT IMPROVEMENT OVER THE CURRENT STATE OF THE LAW AND, IN SOME

CASES, IT'S ACTUALLY AN IMPROVEMENT OVER THE OLD STATUTE. FOR EXISTENCE

-- FOR EXAMPLE, LIKE UNDER SUNY AND CUNY CONSTRUCTION, THERE WAS

NO PRE-AUDIT EVEN UNDER THE OLD STATUTE, BUT NOW ANY PROCUREMENTS

OVER THE $75,000 WOULD HAVE A PRE-AUDIT.

MR. GOODELL: THERE IS ONE AREA, THOUGH, THAT I

THOUGHT WAS INTERESTING WHERE THE MEMORANDUM OF UNDERSTANDING THAT

WAS NEGOTIATED BY GOVERNOR CUOMO WITH THE COMPTROLLER IN TERMS OF

RESTORING HIS OVERSIGHT AUTHORITY WAS ACTUALLY LOWER THAN THE PROPOSED

NYS ASSEMBLY JANUARY 31, 2023

CHAPTER AMENDMENT. AS -- IT'S MY UNDERSTANDING THAT OGS

CENTRALIZED CONTRACTS HAD A THRESHOLD OF 85,000. UNDER THE

MEMORANDUM OF UNDERSTANDING WITH THE PRIOR GOVERNOR, THAT $85,000

THRESHOLD WAS CONTAINED IN YOUR ORIGINAL LEGISLATION AND NOW THE NEW

GOVERNOR -- GOVERNOR IS INSISTING THAT IT GO UP TO 125-?

MR. ZEBROWSKI: UH, YES. I THINK THAT'S THE ONLY

AREA WHERE THE MOU HAD A LOWER AMOUNT. I THINK WHEN WE ENTERED

INTO THESE NEGOTIATIONS, TRIED TO TAKE INTO CONSIDERATION INFLATION, THE

INCREASED WORK AND IN GENERAL I WOULD SAY, THE BILL AND THIS CHAPTER

AMENDMENT IS A VAST IMPROVEMENT TO THE MOU. I THINK YOU DO POINT

OUT ONE AREA, AND THAT'S FAIR, BUT FOR INSTANCE LIKE IN PURCHASE ORDERS,

THEY WERE TOTALLY EXEMPT FROM ANY TYPE OF PRE-AUDIT, AND NOW THEY'LL

BE PRE-AUDITED GOING FORWARD. SO ON A WHOLE, WE THINK IT'S MUCH

STRONGER THAN THE MOU.

MR. GOODELL: AND I APPRECIATE THAT. WOULD ANY

OF THESE PRE-AUDIT REQUIREMENTS APPLY IN A STATE OF EMERGENCY?

MR. ZEBROWSKI: WELL, IN A STATE OF EMERGENCY

THE GOVERNOR WOULD RETAIN THEIR ORIGINAL POWERS, NOT TO REENTER A

DEBATE FROM LAST YEAR OR TWO YEARS AGO, BUT THESE ARE NOT ANY OF

AUGMENTED POWERS THAT WERE -- HAPPENED DURING COVID AND THEN

WERE RESCINDED. SO UNDER THE GOVERNOR'S ORIGINAL EXECUTIVE POWERS,

THEY HAD THE ABILITY TO SUSPEND CERTAIN LAWS IN STATES OF EMERGENCY.

THOSE ARE ALL LAWS, AND CERTAINLY THIS IS COULD BE SOMETHING THAT WOULD

BE SUBJECT TO THOSE EXECUTIVE POWERS.

MR. GOODELL: AS YOU KNOW, THERE'S BEEN A LOT OF

NYS ASSEMBLY JANUARY 31, 2023

CONTROVERSY LATELY OF -- OVER AN AWARD OF A CONTRACT FOR SEVERAL

HUNDRED THOUSAND DOLLARS FOR TEST KITS WHERE THE PRICE PAID UNDER THAT

EMERGENCY PURCHASE WAS ALLEGEDLY DOUBLE WHAT YOU COULD BUY THE

SAME TEST KITS FOR ON RETAIL VALUE. AM I CORRECT THAT THIS LEGISLATION

WOULD NOT AFFECT THAT?

MR. ZEBROWSKI: WELL, THAT WAS -- THE FACT PATTERN

YOU'RE PRESENTING WAS DURING THE STATE OF EMERGENCY, SO I'M NOT SURE

WHAT THE HYPOTHETICAL WOULD BE. SO YES, IT WOULD AFFECT A CONTRACT LIKE

THAT UNDER THE CURRENT STATE OF AFFAIRS. WE'RE NOT UNDER A STATE OF

EMERGENCY ANYMORE. BUT IF THE HYPOTHETICAL IS IN A FUTURE STATE OF

EMERGENCY FOR WHICH THE GOVERNOR SUSPENDED THAT LAW, THEN THAT

WOULD BE STILL UNDER THOSE EXECUTIVE POWERS.

MR. GOODELL: THANK YOU FOR THAT CLARIFICATION.

LAST QUESTION, I HOPE. I NOTE THAT THE STATUTE GIVES THE STATE

COMPTROLLER 75 DAYS TO REVIEW A PROPOSED CONTRACT AND THEY CAN ASK

FOR AN ADDITIONAL 15 DAYS, TAKING IT OUT TO 90 DAYS. IS THERE ANY -- OF

COURSE, YOU KNOW, IF YOU'RE DESPERATE FOR SUPPLIES OR MATERIALS, OR

YOU'RE ENTERING INTO A CONSTRUCTION CONTRACT, A 90-DAY DELAY IN CONTRACT

REVIEW AND APPROVAL CAN TAKE YOU RIGHT OUTSIDE OF YOUR CONSTRUCTION

SEASON OR CREATE MASSIVE CHALLENGES IN OPERATIONS. WAS THERE ANY

DISCUSSION ABOUT REDUCING THE LENGTH OF TIME THE COMPTROLLER HAD TO

REVIEW AND APPROVE THESE -- THESE CONTRACTS?

MR. ZEBROWSKI: THAT WAS, YOU KNOW, ONE OF THE

MAIN POINTS OF THE EXECUTIVE BRANCH AND AGENCIES AND SUNY AND

CUNY DURING THESE NEGOTIATIONS, A WORRY ABOUT THE TIME. I THINK THE

NYS ASSEMBLY JANUARY 31, 2023

EXISTING LAW HAD 90 DAYS PLUS 15 DAYS, SO NOW IT'S 75 PLUS 15 SO IT DOES

REDUCE IT BY 15. BUT I THINK THE COMPTROLLER WAS HEAVILY INVOLVED IN

THESE TALKS AND NEGOTIATIONS, AND I THINK THE COMPTROLLER'S OFFICE GAVE

ASSURANCES THAT THEY WILL ATTEMPT TO DO THESE AS QUICKLY AS POSSIBLE AND

TAKE INTO CONSIDERATION ANY OF THOSE CIRCUMSTANCES. AND I THINK THE

PARTIES THAT WERE INVOLVED TOOK THE COMPTROLLER AT HIS WORD AND THE

AGENCY AT THEIR WORD AND WERE COMFORTABLE WITH THAT.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE YOUR COMMENTS CLARIFYING THIS.

ON THE BILL, SIR.

ACTING SPEAKER RIVERA: ON THE BILL.

MR. GOODELL: THANK YOU. I APPRECIATE THE EFFORTS

BY MY COLLEAGUE TO REINSTATE BY STATUTE THE COMPTROLLER'S OVERSIGHT

VIEW OF STATE CONTRACTS. THIS IS THE SECOND TIME IN LESS THAN A WEEK

THAT I'M HERE TELLING YOU I LIKED HIS EARLIER VERSION THAT HE DRAFTED

HIMSELF BETTER THAN THE ONE THAT HE'S BEEN FORCED TO DEFEND TODAY.

SORRY, MR. ZEBROWSKI, BUT I STILL AM A FAN OF YOUR EARLIER WORK, YOU

KNOW. AND AS -- AS THE SPONSOR NOTED, EVEN WITH THE AMENDMENTS IT'S

BETTER THAN WHERE IT WAS WHERE WE STARTED WITH THE EXCEPTION OF OGS

CENTRALIZED CONTRACTS, WHERE THE THRESHOLD GOES FROM 85,000 TO

125,000 UP FROM WHERE IT WAS EVEN BEFORE WE ACTED. SO I APPRECIATE

THE DILEMMA THAT MY COLLEAGUE IS FACING. I -- I PERSONALLY SUPPORT THE

LOWER THRESHOLDS. I ACTUALLY LIKE HIS EARLIER BILL BETTER, AND

COMPLIMENTS TO HIM, BUT I UNDERSTAND THE DILEMMA HE IS WRESTLING

WITH ON THIS CHAPTER AMENDMENT.

NYS ASSEMBLY JANUARY 31, 2023

THERE IS ONE OTHER AREA, THOUGH, THAT I THINK WE AS A

LEGISLATURE REALLY NEED TO LOOK AT, AND THAT IS THE STATUTE GIVES THE

COMPTROLLER UP TO 90 DAYS TO REVIEW A CONTRACT. THREE MONTHS. LOOK,

I THINK IT'S GREAT WE HAVE A COMPTROLLER KEEPING AN EYE ON WHAT'S

HAPPENING IN THE STATE, THAT'S GREAT. AND THE CHECKS AND BALANCES THAT

THE COMPTROLLER BRINGS TO THE TABLE HELP US OPERATE MORE EFFICIENTLY

AND WITH MUCH MORE HONESTLY AND LESS OPPORTUNITY FOR CORRUPTION OR

FRAUD. BUT WAITING 90 DAYS TO HAVE A CONTRACT APPROVED? I MEAN, NO

ONE IN THE PRIVATE SECTOR WOULD EVER PUT UP WITH A REVIEW PROCESS THAT

TAKES THREE MONTHS FOR A CONTRACT. I MEAN, IT'S MIND-BOGGLING TO THINK

THAT YOU WOULD HAVE TO WAIT THREE MONTHS FOR A CONTRACT. AND WHEN

YOU ADD IN INFLATION AND COST INCREASES AND SUPPLY CHAIN ISSUES AND

LOGISTICS, THREE MONTHS IN THIS ECONOMY CAN BE AN ETERNITY.

SO I APPRECIATE MY -- MY COLLEAGUE'S EFFORTS TO GET HIS

BILL THROUGH WITHOUT A VETO. I'M VOTING AGAINST THE AMENDMENT AS A

STATEMENT OF CONFIDENCE AND SUPPORT FOR YOUR ORIGINAL LEGISLATION, SIR,

AND I ENCOURAGE YOUR CONTINUED EFFORTS AND THE EFFORTS OF THE

LEGISLATURE TO LOOK AT INCREASING THE EFFICIENCY OF THE COMPTROLLER'S

REVIEW SO WE DON'T TAKE AN ENTIRE CONSTRUCTION SEASON TO APPROVE A

CONSTRUCTION CONTRACT. THANK YOU VERY MUCH, SIR, AND AGAIN, THANK YOU

TO MY COLLEAGUE.

ACTING SPEAKER RIVERA: MRS. PEOPLES-STOKES

FOR AN ANNOUNCEMENT.

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

FOR ALLOWING ME TO INTERRUPT THIS DEBATE FOR THE PURPOSES OF AN

NYS ASSEMBLY JANUARY 31, 2023

ANNOUNCEMENT. THE RULES COMMITTEE IS NOW BEING HELD IN THE

SPEAKER'S CONFERENCE ROOM, SO THE COLLEAGUES WHO ARE MEMBERS OF

RULES, PLEASE MAKE YOUR WAY IN THAT DIRECTION.

ACTING SPEAKER RIVERA: RULES COMMITTEE IN

THE SPEAKER'S CONFERENCE ROOM.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER RIVERA: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MEMBERS, THIS IS THE FIRST VOTE OF THE DAY.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF I COULD

TAKE THIS OPPORTUNITY TO REMIND COLLEAGUES THAT THIS IS OUR FIRST VOTE OF

THE DAY. IF YOU ARE SOMEWHERE IN AND AROUND THE CHAMBERS, PLEASE

MAKE YOUR WAY THIS DIRECTION SO THAT YOU MIGHT BE ABLE TO CAST YOUR

VOTE. THANK YOU, SIR.

ACTING SPEAKER RIVERA: MR. KIM TO EXPLAIN

HIS VOTE.

MR. KIM: THANK YOU, MR. SPEAKER, TO EXPLAIN MY

VOTE. I WANT TO FIRST APPLAUD THE SPONSOR FOR CHAMPIONING THIS

LEGISLATION TO RESTORE THE OVERSIGHT ROLE OF THE COMPTROLLER'S OFFICE,

WHICH WAS SO NECESSARY FOR THE LAST FEW YEARS, BUT NOW WE FINALLY HAVE

IT BACK. I ALSO WANT TO JUST, YOU KNOW, ASK MY COLLEAGUES TO SUPPORT

THIS MEASURE TO MAKE SURE WE HAVE ACCOUNTABILITY.

BUT ALSO, I WANT TO POINT OUT THE FACT THAT THE

NYS ASSEMBLY JANUARY 31, 2023

COMPTROLLER, THAT OFFICE ITSELF IS ALSO IN THE BUSINESS OF CONTRACTING OUT

MANY OF THEIR DUTIES, INCLUDING THE MANAGEMENT OF PUBLIC PENSION

FUNDS AND PUBLIC RETIREMENT MONEY THAT LACKS TRANSPARENCY AND

ACCOUNTABILITY. WHEN WE HAVE GENERAL PARTNER AND LIMITED PARTNER

CONTRACTS, THERE'S SO MUCH IN THERE THAT THESE HEDGE FUNDS, PRIVATE

EQUITY ESTABLISHMENTS, THEY'RE CHARGING 2 PERCENT ASSET MANAGEMENT

FEES WITHOUT PERFORMING AND WITHOUT ACTUALLY DELIVERING ON THE RETURNS

THAT THEY'RE REQUIRED TO DO. AND IF WE HAVE A LITTLE BIT OF TRANSPARENCY

IN THOSE CONTRACTS, I THINK THESE, WE CAN HOLD THAT INDUSTRY MORE

ACCOUNTABLE.

SO MOVING FORWARD IN ADDITION TO GIVING THE

COMPTROLLER THE -- THE AUTHORITY TO AUDIT AND PRE-AUDIT STATE CONTRACTS,

WE SHOULD ALSO DEMAND THAT HE HIMSELF IS ALSO HELD ACCOUNTABLE FOR THE

CONTRACTS THAT HE'S GIVING OUT TO WALL STREET. THANK YOU.

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER RIVERA: IN THE AFFIRMATIVE.

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: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO INTERRUPT OUR PROCEEDINGS FOR THE PURPOSES

OF AN ANNOUNCEMENT. OUR COLLEAGUE, MR. DESMOND MEEKS, FROM THE

137TH ASSEMBLY DISTRICT, HAS GUESTS IN FROM THE BOYS AND GIRLS CLUB

NYS ASSEMBLY JANUARY 31, 2023

OF ROCHESTER, NEW YORK. THE CLUB HAS SERVED THE CHILDREN AND

FAMILIES OF ROCHESTER FOR OVER 50 YEARS, MR. SPEAKER. TODAY, THEY ARE

JOINED BY THE DIRECTOR, MR. DWAYNE MAHONEY, AND STAFF. THERE ARE

SEVERAL AWESOME SCHOLARS AMONGST THE STUDENT POPULATION, INCLUDING

JASMYNE FLOYD, WHO WAS RECENTLY NOMINATED FOR THE U.S. PRESIDENTIAL

SCHOLARS PROGRAM, ONE OF THE NATION'S HIGHEST HONORS. SHE'S A STUDENT

IN HIGH SCHOOL -- A SENIOR IN HIGH SCHOOL RIGHT NOW, MR. SPEAKER. SO IF

YOU COULD PLEASE WELCOME THESE YOUNG FOLKS TO OUR CHAMBERS AND

GIVE THEM THE CORDIALITIES OF THE HOUSE, MR. MEEKS AND I BOTH WOULD

APPRECIATE IT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF ASSEMBLYMEMBER PEOPLES-STOKES, ASSEMBLYMEMBER MEEKS, THE

SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE TO THE NEW YORK

STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE

CONGRATULATE YOU ON THE GREAT WORK YOU'RE DOING WITH YOUNG PEOPLE IN

YOUR COMMUNITY AND FOR YOU, YOUNG LADY, CONGRATULATIONS ON THAT HIGH

HONOR THAT YOU ARE ABOUT TO RECEIVE. THANK YOU SO VERY MUCH, AND

PLEASE KNOW THAT YOU'RE ALWAYS WELCOME. I GATHER ALL OF THE BUFFALO

AREA AND ROCHESTER AREA ARE HERE TO WELCOME YOU.

MRS. PEOPLES-STOKES: IT'S CLOSE.

(APPLAUSE)

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

FOR ANOTHER INTRODUCTION.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I APPRECIATE THE OPPORTUNITY TO AGAIN INTERRUPT OUR

NYS ASSEMBLY JANUARY 31, 2023

PROCEEDINGS FOR THE PURPOSE OF INTRODUCING SOME PEOPLE WHO ARE

ACTUALLY FROM BUFFALO. WE HAVE WITH US TODAY DR. CANDACE JOHNSON.

SHE'S THE PRESIDENT AND CEO OF THE ROSWELL PARK CANCER INSTITUTE, YOU

MAY HAVE HEARD OF IT. IT'S ONE OF THE MOST RENOWNED CANCER INSTITUTES

IN THE WHOLE COUNTRY. SHE'S JOINED BY SOME OF HER VERY CAPABLE STAFF,

REVEREND CRAIG PRIDGEN, WHO ALSO HAPPENS TO BE MY NEPHEW, AND

SHE'S ALSO JOINED BY JAMES KENNEDY. THESE FOLKS WORK REALLY HARD

WITH HER AND I ASK THAT YOU WOULD PLEASE GIVE THEM THE CORDIALITIES OF

OUR HOUSE AND OFFER THEM OUR GREETINGS.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, 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 ENJOY THE PROCEEDINGS THAT YOU

HAVE COME TO WATCH, AND THAT YOUR TRIP TO ALBANY WILL BE BENEFICIAL

AND IN THIS STATE, WE ARE ALL A BIG TENT WHETHER YOU'RE FROM ALBANY,

BUFFALO, QUEENS, IT DOESN'T MATTER. WE WELCOME YOU ANYWAY. THANK

YOU SO VERY MUCH.

(APPLAUSE)

PAGE 4, RULES REPORT NO. 32, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00632, RULES REPORT

NO. 32, DINOWITZ. AN ACT TO AMEND THE DOMESTIC RELATIONS LAW, IN

RELATION TO MANDATORY TRAINING OF A FORENSIC EVALUATOR IN RELATION TO

COURT ORDERED FORENSIC EVALUATIONS INVOLVING CHILD CUSTODY AND

VISITATION WHEN THE CHILD IS LIVING OUT-OF-STATE; TO AMEND THE EXECUTIVE

LAW, IN RELATION TO TRAINING IN THE PREVENTION AND INTERVENTION OF

NYS ASSEMBLY JANUARY 31, 2023

DOMESTIC VIOLENCE REQUIRED FOR FORENSIC INVESTIGATORS; AND TO AMEND A

CHAPTER OF THE LAWS OF 2022 AMENDING THE DOMESTIC RELATIONS LAW

AND THE EXECUTIVE LAW, RELATING TO COURT ORDERED FORENSIC EVALUATIONS

INVOLVING CHILD CUSTODY AND VISITATION, AS PROPOSED IN LEGISLATIVE BILLS

NUMBERS S. 6385-B AND A. 2375-C, RELATING TO THE EFFECTIVENESS

THEREOF.

ACTING SPEAKER AUBRY: EXPLANATION HAS BEEN

REQUESTED.

MR. DINOWITZ.

MR. DINOWITZ: JUST WAITING SO I CAN HEAR MYSELF.

ACTING SPEAKER AUBRY: NO PROBLEM.

MR. DINOWITZ: THIS BILL AMENDS CHAPTER 740 OF

THE LAWS OF 2022.

ACTING SPEAKER AUBRY: ONE MINUTE MORE.

SERGEANT-AT-ARMS, CAN YOU GET SOME ORDER? WE HAVE A GROUP OF

PEOPLE RIGHT IN THE MIDDLE RIGHT THERE. PLEASE ASK THEM TO TAKE THAT

CONVERSATION TO THE REAR.

MR. DINOWITZ: OR BETTER YET OUTSIDE.

ACTING SPEAKER AUBRY: MR. DINOWITZ.

MR. DINOWITZ: YES, OKAY. I WILL SAY IT AGAIN.

THE BILL AMENDS CHAPTER 740 OF THE LAWS OF 2022, AN EXCELLENT LAW

THAT WE PASSED LAST YEAR AS YOU ALL KNOW.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

NYS ASSEMBLY JANUARY 31, 2023

DINOWITZ?

MR. DINOWITZ: OF COURSE.

MS. WALSH: MR. DINOWITZ, I DO AGREE THAT LAST YEAR

THIS BODY UNANIMOUSLY SUPPORTED THE BILL-IN-CHIEF AND THAT THIS

CHAPTER AMENDMENT HAS GOT TWO PIECES TO IT. I'D LIKE TO FOCUS MY

QUESTIONING ON JUST ONE PART OF IT. THE PART OF IT THAT ADDS THE ABILITY

FOR A JUDGE TO ALLOW FOR A REMOTE VIDEO CONFERENCE FORENSIC EVALUATION

IN THE CONTEXT OF A FORENSIC CUSTODY EVALUATION DONE FOR FAMILY COURT

OR FOR STATE SUPREME COURT IN A MATRIMONIAL CASE. SO I GUESS THE FIRST

QUESTION I GOT IS PRIOR TO THIS AMENDMENT, WAS THERE ANY PROVISION IN

THE LAW THAT REGARDING VIRTUAL FORENSIC CUSTODY EVALUATIONS IN NEW

YORK OR WAS IT SILENT PREVIOUSLY; DO YOU KNOW?

MR. DINOWITZ: AS FAR AS I KNOW IT WAS SILENT. MY

BILL CERTAINLY DID NOT ALLOW FOR REMOTE EXAMINATIONS.

MS. WALSH: OKAY. YEAH. I THOUGHT -- I THOUGHT IT

WAS A NEW THING, TOO, THAT HAD JUST BEEN PUT FORWARD. DO YOU -- DO YOU

KNOW WHAT THE RATIONALE WAS FOR ADDING THIS LANGUAGE TO YOUR VERY FINE

BILL THAT WAS UNANIMOUSLY PASSED LAST YEAR?

MR. DINOWITZ: WELL, THERE WERE ACTUALLY A

NUMBER OF CHANGES THAT WERE SUGGESTED AND I DID NOT FEEL COMFORTABLE

WITH SOME OF THOSE SUGGESTIONS. THIS ONE -- I GUESS THE MAIN REASON

FOR IT IS FOR THE PROBABLY VERY RARE SITUATION WHERE YOU HAVE SOMEBODY

WHO IS A GREAT DISTANCE AWAY AND THEN IT CAME DOWN TO THE FOLLOWING.

THE CHOICE WAS TO HAVE A REMOTE EXAMINATION WITH A QUALIFIED

FORENSIC EVALUATOR THAT WAS TRAINED IN NEW YORK VERSUS HAVING

NYS ASSEMBLY JANUARY 31, 2023

SOMEBODY FROM ANOTHER JURISDICTION WHO MAY NOT HAVE BEEN TRAINED

THE WAY THAT WE TRAIN OURS. SO IT WAS A LITTLE BIT OF A TRADE-OFF BUT I

DON'T REALLY THINK IT WILL MATTER THAT MUCH IN THE SENSE THAT I THINK IN

ALMOST EVERY SINGLE CASE THIS WOULD NOT COME INTO PLAY IN THE FIRST

PLACE.

MS. WALSH: WELL, YOU'RE KIND OF ANTICIPATING MY

NEXT QUESTION WHICH IS DO YOU KNOW HOW MANY TIMES THIS DOES COME

UP ON -- ON AVERAGE ON A YEARLY BASIS IN NEW YORK STATE?

MR. DINOWITZ: I -- I DON'T KNOW BUT I'M NOT AWARE

THAT IT'S COME UP AT ALL. SO IT COULD BE -- IT COULD BE THAT THERE WAS AN

ANTICIPATION THAT THEORETICALLY, POTENTIALLY, POSSIBLY, HYPOTHETICALLY, IT

COULD HAPPEN, BUT I DON'T KNOW THAT IT HAS. SO THAT'S -- THAT'S WHY I WAS

NOT OVERLY CONCERNED ABOUT THE CHANGE, BECAUSE FRANKLY I THOUGHT THE

ORIGINAL BILL WHICH WAS PASSED WITH JUST ONE (INAUDIBLE) VOTE WAS

PERFECT THE WAY IT WAS.

MS. WALSH: I WOULD ATTEND TO -- I PERSONALLY

BELIEVE FOR THE REASONS I'LL STATE LATER THAT I -- I DO NOT BELIEVE THAT THIS

PARTICULAR PART OF THE CHAPTER IMPROVES THE BILL-IN-CHIEF. I THINK IT

ACTUALLY CREATES -- I BELIEVE IT OPENS UP A CAN OF WORMS BUT I'LL GET TO

THAT -- I'LL GET TO THAT LATER. SO ONE OF THE THINGS I WAS CURIOUS ABOUT IS I

KNOW THAT DURING THE COVID PANDEMIC A LOT OF PEOPLE IN FAMILY COURT

AND JUST IN THE COURT SYSTEM GENERALLY HAD TO FLEX AND ADAPT TO NOT

BEING ABLE TO -- TO BE FACE-TO-FACE WITH INDIVIDUALS WHEN YOU WERE

INTERVIEWING THEM OR EVEN FOR COURT APPEARANCES. I DIDN'T KNOW IF THAT

PLAYED INTO THIS AT ALL BECAUSE IT SEEMS AS THOUGH NOW WE'RE KIND OF

NYS ASSEMBLY JANUARY 31, 2023

OUT OF THE PANDEMIC AND MAYBE THE NEED FOR REMOTE TELECONFERENCING

LIKE THIS WOULD NOT BE AS NECESSARY OR APPROPRIATE EVEN.

MR. DINOWITZ: I -- I COULDN'T SAY BEFORE THE

PANDEMIC THAT THE WHOLE CONCEPT OF REMOTE ANYTHING WOULD NOT HAVE

CROSSED MY MIND. AND WHILE WE ARE HOPEFULLY SOON GETTING OUT OF THE

PANDEMIC, THINGS ARE SEEM TO BE ABATING, THERE ARE STILL THAT 30 NEW

YORKERS WHO ARE DYING EVERY DAY SO WE'RE NOT QUITE THERE YET. SO I

GUESS -- I GUESS, YOU KNOW, THE REASONING FOR IT IS -- IS POSSIBLY NOT

SOMETHING WHICH ANYBODY WOULD'VE THOUGHT OF, YOU KNOW, FOUR YEARS

AGO, BUT HERE WE ARE. AND I -- I -- I DO THINK THAT THE LAW THAT WE

PASSED WILL HAVE A VERY GOOD IMPACT AND I AM ABSOLUTELY CONVINCED

THAT IT WILL ULTIMATELY SAVE SOME LIVES. WE'LL NEVER KNOW WHOSE LIVES

ARE ACTUALLY SAVED BUT WE CAN BE CERTAIN THAT SOME LIVES WILL BE SAVED.

MS. WALSH: SO TALKING A LITTLE BIT ABOUT THE ACTUAL

OPERATION OF THE -- THIS PORTION OF THE CHAPTER AMENDMENT. IT SAYS ON

LINE 7 THAT THE COURT SHALL APPLY -- APPOINT A FORENSIC EVALUATOR WHO HAS

RECEIVED TRAINING IN NEW YORK FOLLOWING THE GUIDELINES THAT THE

BILL-IN-CHIEF LAID OUT WHEN A CHILD IS GREATER THEN 100 MILES OUTSIDE OF

NEW YORK. QUESTION, SO, DOES THIS THEN AFFECTIVELY FORECLOSE THE

APPOINTMENT OF AN OUT-OF-STATE EVALUATOR, CORRECT?

MR. DINOWITZ: YES. WE WANT SOMEBODY FROM

NEW YORK WHO RECEIVED THE TRAINING THAT THE LAW THAT WE PASSED, THAT

YOU AND I PASSED ALONG WITH EVERYBODY ELSE REQUIRED.

MS. WALSH: AND THAT'S THE CASE EVEN IF AN

OUT-OF-STATE EVALUATOR HAS EXCELLENT CREDENTIALS AND IS CLOSER TO THE

NYS ASSEMBLY JANUARY 31, 2023

CHILD?

MR. DINOWITZ: WELL, WE DON'T -- THEY MAY OR MAY

NOT HAVE EXCELLENT CREDENTIALS BUT YOU CAN'T ALWAYS QUICKLY COMPARE

THE CREDENTIALS, BUT THE ONE THING WE'LL BE CERTAIN OF IS THAT THE NEW

YORK PERSON WILL HAVE THE EXCELLENT CREDENTIALS THAT WE MANDATED.

MS. WALSH: VERY GOOD. ALL RIGHT. ARE YOU

FAMILIAR WITH THE COMPONENTS OF A FORENSIC CUSTODY EVALUATION, LIKE

HOW THEY'RE DONE?

MR. DINOWITZ: I'VE NEVER -- I'VE NEVER BEEN TO

ONE, I'VE NEVER WITNESSED IT.

MS. WALSH: OKAY. SO THE CHAPTER AMENDMENT

ALSO SAYS THAT -- THAT THE COURT WILL TAKE ALL -- THE EVALUATOR RATHER WILL

TAKE ALL STEPS REASONABLY AVAILABLE TO PROTECT THE CONFIDENTIALITY OF THE

CHILD'S DISCLOSURES. BUT ARE THERE ANY STEPS LISTED IN THE BILL ABOUT WHAT

THOSE STEPS ARE GOING TO BE?

MR. DINOWITZ: NO. IT SAYS "ALL" SO THAT COVERS

EVERYTHING.

MS. WALSH: REASONABLY AVAILABLE. DO YOU KNOW,

WILL THERE BE A TAPE OF THE EVALUATION THAT'S GOING TO BE CREATED

BETWEEN THE -- A VIDEOTAPE OF THE EVALUATOR WORKING WITH THE CHILD?

MR. DINOWITZ: I -- I DON'T KNOW SPECIFICALLY HOW

THEY DO THAT BUT I -- I ONLY IMAGINE THAT THEY WOULD, YEAH.

MS. WALSH: AND THIS CHAPTER AMENDMENT DOESN'T

SPEAK TO THE DISCOVERABILITY OF THAT TAPE IF ONE'S GENERATED. CORRECT?

MR. DINOWITZ: NO.

NYS ASSEMBLY JANUARY 31, 2023

MS. WALSH: THAT'S -- THAT'S OUT THERE, OKAY. AND

DOES THE CHAPTER AMENDMENT SPEAK AT ALL TO HOW IT WILL BE

SAFEGUARDED OR HOW IT WILL GUARD AGAINST ANY INFLUENCE DURING THE

EVALUATION BY PERHAPS AN ADULT AND WITH THE CHILD?

MR. DINOWITZ: THE -- THIS IS A TINY CHANGE. IT'S

ALMOST LIKE A CHAPTERETTE. IT DOES NOT GO INTO ALL THOSE KIND OF THINGS

THAT YOU'RE MENTIONING. IT -- IT DOES EXACTLY WHAT WE SAID AT THE

BEGINNING.

MS. WALSH: THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: I APPRECIATE THE SPONSOR'S ANSWERS. I

-- I DO HAPPEN TO REALLY DISAGREE. EVEN -- EVEN IN THE GOVERNOR'S

MESSAGE SHE DESCRIBED THIS AS BEING A MINOR CHANGE. IN MY OPINION,

AS A PRACTITIONER IN FAMILY COURT, THIS IS NOT A MINOR CHANGE. THIS IS A

PRETTY BIG CHANGE. AND I DON'T KNOW HOW OFTEN IT WILL BE UTILIZED IN --

IN NEW YORK STATE. WE DON'T HAVE -- APPEAR TO HAVE ANY DATA ON THAT

AT ALL, BUT FOR THE BENEFIT OF MY COLLEAGUES LET ME SAY THIS: THAT THE

FORENSIC CUSTODY EVALUATION IN A MATRIMONIAL OR FAMILY COURT CONTEXT IS

AN EXTREMELY IMPORTANT TOOL THAT'S UTILIZED BY THE COURT IN MAKING

DETERMINATIONS ABOUT WHO SHOULD HAVE CUSTODY AND WHO SHOULD HAVE

VISITS OR PARENTING SCHEDULE WITH THE CHILD. TYPICALLY THE COMPONENTS

OF THE FORENSIC CUSTODY EVALUATION ARE THESE: THERE'S AN INTERVIEW WITH

PARENT NUMBER ONE, THERE'S AN INTERVIEW WITH PARENT NUMBER TWO,

NYS ASSEMBLY JANUARY 31, 2023

THERE'S AN INTERVIEW WITH THE CHILD OR CHILDREN AND IF THERE ARE MULTIPLE

CHILDREN THEY'LL BE INTERVIEWED SEPARATELY AND THEY MAY BE INTERVIEWED

TOGETHER. THERE WILL THEN BE OBSERVATIONS DONE WITH PARENT ONE AND

THE CHILD OR THE CHILDREN. THERE WILL THEN BE OBSERVATIONS OF THE PARENT

TWO WITH THE CHILD OR WITH THE CHILDREN. THERE'S VERY OFTEN AN MMPI;

A PERSONALITY TEST THAT'S ADMINISTERED FOR BOTH PARENTS THAT'S CONDUCTED.

THERE ARE COLLATERAL RESOURCES. OTHER KEY INDIVIDUALS, PERHAPS

SOMEBODY THAT TAKES CARE OF THE CHILD. COULD BE GRANDPARENTS, COULD

BE CAREGIVERS, TEACHERS, NEIGHBORS, THEY WE ALL BE EVALUATED. AND NOT

SO MUCH EVALUATED BUT THEY'LL BE CONSULTED AND TALKED TO. THERE'LL BE A

REVIEW OF RELEVANT DOCUMENTS, SCHOOL RECORDS, MEDICAL RECORDS FOR THE

CHILD OR THE CHILDREN. ALL OF THIS INFORMATION GETS PULLED TOGETHER AND

A VERY, VERY COMPREHENSIVE DOCUMENT IS PREPARED WITH SPECIFIC

RECOMMENDATIONS FROM THE FORENSIC CUSTODY EVALUATOR AS FAR AS THESE

VERY IMPORTANT ISSUES OF WHERE -- WHERE WILL THE CHILD LIVE? WHERE

WILL THE CHILDREN LIVE? WILL THEY BE VISITING WITH ONE PARENT? WITH

BOTH PARENTS? WHAT SCHEDULE WOULD BE MOST BENEFICIAL? ARE THERE

SPECIAL CONSIDERATIONS IN TERMS OF THE CHILD'S AGE, DEVELOPMENTAL

INTELLECTUAL LEVEL? ARE THERE -- ARE THERE OTHER FACTORS THAT NEED TO BE

CONSIDERED? IT'S A REALLY IMPORTANT DOCUMENT. AND THESE EVALUATIONS

ARE ORDERED PRETTY FREQUENTLY IN CONTESTED MATRIMONIAL CASES, AND I

HAVE HAD THE OPPORTUNITY TO READ A FAIR NUMBER OF THEM. THAT IS WHY I

WAS SUCH A STRONG SUPPORTER OF THE BILL-IN-CHIEF WHEN IT CAME UP LAST

YEAR BECAUSE IT'S VERY, VERY IMPORTANT THAT THE EVALUATORS THAT WE

ENTRUST SUCH AN IMPORTANT TOOL WITH HAVE APPROPRIATE CREDENTIALING AND

NYS ASSEMBLY JANUARY 31, 2023

KNOW WHAT THEY'RE DOING BECAUSE WHAT THEY SAY CARRIES SO MUCH

WEIGHT WITH THE FAMILY COURT.

THE PROBLEM THAT I'VE GOT WITH THIS CHAPTER

AMENDMENT IS THAT IT INTRODUCES A COMPLETELY NEW METHOD REALLY FOR

DOING THIS EVALUATION. IMAGINE, IF YOU WILL, A CHILD OF ABOUT SAY FIVE OR

SIX YEARS OLD OR YOUNGER, COULD BE AS YOUNG AS AN INFANT. IMAGINE A

CHILD LIKE THAT AND YOU'RE TRYING TO OVER ZOOM OR SOME TYPE OF VIDEO

CONFERENCING TOOL, YOU AS AN EVALUATOR ARE SUPPOSED TO BE PICKING UP

ON THE CHILD'S NON-VERBALS, TRYING TO DEVELOP A RAPPORT WITH THAT CHILD

SO THAT IF YOU HAVE TO ASK THAT CHILD ABOUT SOME REALLY DIFFICULT THINGS

IN THAT CHILD'S LIFE - POSSIBLY ABUSE, NEGLECT, WHAT THE CHILD HAS

WITNESSED IN TERMS OF HOW THE PARENTS HAVE INTERACTED WITH EACH OTHER,

YOU WANT TO BE ABLE TO MAKE OBSERVATIONS ABOUT HOW THE PARENT IS -- IS

INTERACTING WITH THE CHILD AND YOU'RE HAVING TO DO ALL OF THAT OVER A

SCREEN. WE KNOW, IN THIS BODY, HOW HARD IT WAS TO DO OUR WORK OVER

THE LAST COUPLE OF YEARS OVER A SCREEN. HOW DIFFICULT IT WAS TO READ

EACH OTHER'S FACIAL EXPRESSIONS, JUST IMAGINE TRYING TO DO THAT WITH A

CHILD AND -- AND TO BE ABLE TO COME UP WITH REALLY A GOOD REPORT BASED

ON THAT. I AGREE WITH THE SPONSOR THAT WE DO WANT OUR FORENSIC CUSTODY

EVALUATORS TO BE WELL-TRAINED AND WELL-CREDENTIALED, BUT I'M NOT SO

CONVINCED THAT WE COULD NOT FIND -- AND THE SPONSOR SAYS RARE

CIRCUMSTANCES THAT WE WOULD NEED TO DO THIS OUTSIDE OF 100 MILES

OUTSIDE OF NEW YORK STATE THAT WE COULDN'T FIND AN EVALUATOR EITHER WE

HAVE OPTIONS. WE EITHER CHOOSE A NEW YORK-TRAINED-EVALUATOR AND

HAVE THAT PERSON TRAVEL TO WHERE THE CHILD IS AND DO THAT PORTION OF THE

NYS ASSEMBLY JANUARY 31, 2023

EVALUATION FACE-TO-FACE WITH THAT CHILD. I THINK THAT WOULD BE THE BEST

THING. THAT WOULD BE THE BEST THING. IS IT THE CHEAPEST THING? NO. IT'S

NOT THE CHEAPEST THING. BUT IF WE WANT REALLY GOOD RESULTS AND WE

WANT THAT CHILD TO BE ABLE TO OPEN UP AND TALK TO THAT EVALUATOR ABOUT

THE THINGS THAT REALLY MATTER IN THAT KID'S LIFE, THEN MAYBE THAT'S THE

PRICE THAT NEEDS TO GET PAID. THE SECOND OPTION WOULD BE TO HAVE

SOMEBODY APPOINTED WHO IS OUTSIDE OF NEW YORK STATE, OUTSIDE OF THAT

100 MILE RADIUS BUT WHO HAS REALLY GOOD QUALIFICATIONS AND CREDENTIALS.

AND I WOULD SAY THAT IF YOU TAKE A LOOK AT THE RESUME, THE CURRICULUM

VITAE, POSSIBLY TALK TO OR INTERVIEW THE -- THE INDIVIDUAL OVER THE PHONE,

YOU CAN -- YOU CAN GET A PRETTY GOOD SENSE IF THAT PERSON HAS PROPER

TRAINING AND CAN CONDUCT AT LEAST THE CHILD'S PORTION OF THE EVALUATION

OUT-OF-STATE. ONE THING THAT I'M NOT SURE ABOUT IS -- I'M ASSUMING THAT

THAT OUT-OF-STATE CHILD IS LIVING WITH ONE OF THE PARENTS PROBABLY WHO

WOULD ALSO BE PART OF THE EVALUATION SO I'M NOT SURE WHETHER THE

CHAPTER AMENDMENT ONLY THE PORTION HAVING TO DO WITH THE CHILD GETS

VIDEOTAPED AND DONE OVER VIDEO-CONFERENCING OR WHETHER THAT WHOLE

PART OF THE EVALUATION OF THE PARENT WITH THE CHILD LIVING OUT-OF-STATE

GETS DONE THAT WAY. I'M UNCLEAR ABOUT THAT. MY EXPERIENCE AS AN

ATTORNEY FOR THE CHILD DURING COVID IS THAT SOMETIMES I HAD TO, I

DIDN'T HAVE ANY CHOICE, I HAD TO FACETIME WITH MY LITTLE CLIENTS TO

PREPARE FOR A FAMILY COURT MATTER, AND IT WAS REALLY HARD. NOT JUST

BECAUSE I COULDN'T REALLY BUILD THAT KIND OF RAPPORT THAT I'D LIKE TO BUILD

WITH MY CLIENTS OVER FACETIME, BUT INEVITABLY, INEVITABLY, THERE WAS A

PARENT THAT WAS JUST OUT OF THE FRAME -- THAT WAS JUST OUT OF THE FRAME

NYS ASSEMBLY JANUARY 31, 2023

LISTENING TO WHAT THE CHILD HAD TO SAY. POSSIBLY, I'VE HAD CASES, BELIEVE

IT OR NOT, WHERE MY ADOLESCENT CLIENTS HAVE AN IWATCH OR SOMETHING

ARE GETTING LITTLE -- LITTLE TEXT NOTIFICATIONS FROM THE PARENT, REMEMBER

TO SAY THIS, REMEMBER TO SAY THAT. THERE'S REAL PROBLEMS. THESE ARE

IMPORTANT TOOLS AND BECAUSE THE PARENTS KNOW HOW IMPORTANT THEY ARE

AND HOW MUCH THE COURT'S GOING TO RELY UPON THEM, CONFIDENTIALITY IS A

HUGE, HUGE PROBLEM. AND I UNDERSTAND THAT IN THE CHAPTER

AMENDMENT IT SAYS THAT THE EVALUATOR MUST TAKE ALL STEPS REASONABLY

AVAILABLE TO PROTECT THE CONFIDENTIALITY OF THE CHILD'S DISCLOSURES. BUT

IF YOU TAKE A LOOK AT SOME OF THE GUIDELINES FOR VIRTUAL EVALUATION,

EVALUATORS ARE SUPPOSED TO FIGURE OUT, DEPENDING ON THE AGE OF THE

CHILD, WHO CAN BE NEAR THAT CHILD, TO HELP THAT CHILD NAVIGATE THE

TECHNOLOGY. WHO CAN BE AROUND THAT CHILD WHO'S GOING TO BE MAKING

SURE THAT NOBODY ELSE THAT SHOULD BE HAVING INFLUENCE ON THE CHILD OR

WHAT THE CHILD SAYS. I KNOW. WHO'S -- WHO'S GOING TO BE MANAGING

THAT? WE DON'T KNOW. WE DON'T KNOW WHAT'S GOING TO HAPPEN, IF

THERE'S A TAPE THAT'S GENERATED FROM THIS VIDEO-CONFERENCING AND IF

THAT'S GOING TO BE DISCOVERABLE, THAT'S A HUGE ISSUE. KIDS HAVE A RIGHT

TO AN ATTORNEY REPRESENTING THEM AND THEY ARE IMPORTED ALL THE SAME

RIGHTS AS ANY OTHER PARTY TO THE -- TO THE LAWSUIT. AND I THINK THAT BY

ALLOWING THESE TO BE VIDEO-CONFERENCED, YOU'RE REALLY -- YOU'RE REALLY

JUST COMPROMISING THE CHILD'S PORTION AND -- AND APPROPRIATE ROLE AS A

PARTY OF EQUAL FOOTING IN -- IN A MATTER LIKE THIS. I THINK THAT THERE'S NOT

IN THIS BILL ANY NEED FOR ANY CONSENT TO THIS TYPE OF EVALUATION FROM THE

ATTORNEY FOR THE CHILD. IT'S NOT GOOD FOR THE CHILD BECAUSE NOT ONLY ARE

NYS ASSEMBLY JANUARY 31, 2023

YOU LOSING RAPPORT OVER VIDEO -CONFERENCING BUT YOU'RE DEALING WITH

CHILDREN FROM BIRTH TO AGE 18. YOU HAVE A HUGE RANGE OF ABILITY,

ABILITY TO NAVIGATE TECHNOLOGY, ABILITY TO -- TO DEAL WITH A SCREEN. VERY

OFTEN I HAVE CLIENTS WHO HAVE ADHD, WHO ARE ON THE AUTISM

SPECTRUM, WHO HAVE DOWNS, WHO HAVE DEVELOPMENTAL DISABILITIES,

HOW ARE THOSE GOING TO BE NAVIGATED OVER A SCREEN? HOW DO YOU EVEN

KNOW THAT YOU'RE GOING TO GET A CHILD THAT'S GOING TO BE ABLE TO ATTEND

TO THIS EVALUATION TO PROVIDE THE MEANINGFUL INFORMATION THAT THE

EVALUATOR NEEDS?

SO I WOULD'VE APPRECIATED A -- A COUPLE OF THINGS HERE.

AND THIS IS THROUGH ABSOLUTELY NO FAULT OF THE SPONSOR WAS PRESENTED

WITH A KIND OF A CHOICE TO EITHER FORFEIT THE REALLY GREAT BILL-IN-CHIEF

ABOUT TRAINING, MAKING SURE OUR FORENSIC CUSTODY EVALUATORS ARE TRAINED

PROPERLY AND THIS -- THIS SO-CALLED BY THE GOVERNOR "MINOR CHANGE"

THAT'S REALLY NOT A MINOR CHANGE AT ALL. I WOULD'VE APPRECIATED IF

INSTEAD OF HOLDING THE BILL-IN-CHIEF HOSTAGE UNLESS YOU AGREE TO THIS

CHAPTER AMENDMENT, TO HAVE THIS BE A STANDALONE PIECE OF LEGISLATION

THAT WAS ACTUAL -- THAT ACTUALLY HAD THE GUARDRAILS INCORPORATED THAT

WERE GOING TO BE BENEFICIAL TO EVERYBODY INVOLVED. AND TO ANSWER

SOME OF THE QUESTIONS THAT I'VE BEEN -- I'VE BEEN RAISING AS I'VE BEEN

TRYING TO -- TO POINT OUT MY THOUGHTS AND FEELINGS ON THIS BILL. SO, I AM

NOT GOING TO BE SUPPORTING THIS CHAPTER AMENDMENT. I WOULD

ENCOURAGE MY COLLEAGUES TO ALSO NOT SUPPORT THIS CHAPTER

AMENDMENT, NOT AT ALL BECAUSE OF THE BILL-IN-CHIEF. THE BILL-IN-CHIEF I

COMPLETELY AGREE WITH, WE ALL DID. BUT I WOULD LIKE TO SEND A MESSAGE

NYS ASSEMBLY JANUARY 31, 2023

TO THE SECOND FLOOR THAT SOMETHING THAT'S THIS IMPORTANT SHOULD BE ITS

OWN BILL AND SHOULD NOT JUST BE SOMETHING THAT SLID IN AS A CHAPTER

AMENDMENT. I DON'T BELIEVE THIS IS A -- A CHAPTERETTE AMENDMENT IN

ANY WAY. I THINK THAT THIS IS A PRETTY SIGNIFICANT CHANGE AND ONE THAT

REALLY SETS THE WHOLE FIELD OF FORENSIC CUSTODY EVALUATIONS BACK AND

WILL BE A NIGHTMARE TO WORK WITH IN PRACTICAL EXPERIENCE. SO THANK

YOU, MR. SPEAKER. I'LL BE VOTING IN THE NEGATIVE.

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 COMMEND THE SPONSOR FOR TRYING

TO MAKE IT EASIER FOR PARENTS THAT DECIDE TO NOT LIVE IN THE SAME STATE.

HOWEVER, WITH THIS TYPE OF BILL AND WITH MENTAL HEALTH, IT'S REALLY HARD

TO ANALYZE ON ZOOM WHAT THE PERSON THAT THEY'RE INTERVIEWING IS

EXPERIENCING WHETHER IT'S A TOE TAPPING, WHETHER IT'S A FINGER

MOVEMENT, WHETHER SOMEBODY'S STANDING LOOKING AT THEM TO MAKE

SURE THAT THEY'RE SAYING WHAT THEY WANT THEM TO SAY, OTHERWISE THEY'LL

BE REPERCUSSIONS. SO I THINK THAT THE VIDEOING IS -- IS VERY INSTRUMENTAL

IN CERTAIN INSTANCES BUT I DON'T BELIEVE THAT THIS IS A GOOD THING BASED

ON EVERYTHING THAT MY COLLEAGUE SAID AND WITH HER EXPERIENCE IN

DEALING WITH THESE TYPES OF CASES THE PROTECTION OF THE CHILD IS VERY

IMPORTANT TO ME AND I BELIEVE THAT THEY CAN BE UNDUE -- UNDULY

INFLUENCED BY A VIDEO CAMERA MORE THAN A 100 MILES AWAY, THAT THE

NYS ASSEMBLY JANUARY 31, 2023

OTHER PARENT MAY NOT EVEN KNOW ABOUT IT. SO, FOR THE PROTECTION OF THE

CHILD AND FOR THE SPOUSE THAT IS NOT LIVING WITHIN THE SAME STATE OR

WITHIN THE 100 MILES, I REALLY RESPECTFULLY -- RESPECTFULLY TO THE SPONSOR

FOR TRYING TO MAKE IT EASIER FOR PARENTS AND TO DO THESE TYPES OF CUSTODY

SITUATIONS I WILL BE VOTING IN THE NEGATIVE. BUT BECAUSE I DON'T FEEL LIKE

VIDEO-CONFERENCING IS APPROPRIATE WHEN IT DEALS WITH A MINOR OR WHEN

IT DEALS WITH MENTAL HEALTH ISSUES. THANK YOU, MR. SPEAKER.

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.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 4, RULES REPORT NO. 41, THE CLERK WILL READ.

THE CLERK: SENATE NO. 01334, RULES REPORT NO.

41, SENATOR COONEY (MCDONALD A00967). AN ACT TO AMEND THE REAL

PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO NOTICE OF CERTAIN

PROCEEDINGS TO CONVEY TITLE TO ABANDONED COMMERCIAL AND INDUSTRIAL

REAL PROPERTY TO A CITY, TOWN, OR VILLAGE; AND TO REPEAL CERTAIN

PROVISIONS OF SUCH LAW RELATING THERETO.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. MCDONALD.

NYS ASSEMBLY JANUARY 31, 2023

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

TOO, IS A CHAPTER AMENDMENT REGARDING THE BILL WE PASSED LAST YEAR

THAT DEALT WITH CONVEYING OF COMMERCIAL INDUSTRIAL PROPERTIES TO A CITY,

TOWN OR VILLAGE. IF YOU DON'T MIND MR. GOODELL I'LL GET INTO THE ACTUAL

CHANGES IF YOU DON'T MIND. THERE WAS A LITTLE BIT OF CONCERN ABOUT THE

FACT THAT ZONING BUILDING OR PROPERTY MAINTENANCE CODE VIOLATIONS FOR A

YEAR THAT WAS TRIM -- IT WAS TONED DOWN A LITTLE BIT TO BE MORE ABOUT

ANY VIOLATION THAT HAD A POTENTIAL TO INJURE OR ENDANGER THE HEALTH AND

SAFETY OF OTHERS. WE CLARIFIED HOW SERVICE WOULD BE. SERVICE AS MANY

PEOPLE KNOW IS HOW A NOTICE WOULD BE SENT TO THE INTERESTED PARTIES OR

PARTIES WHO HAD AN INTEREST IN THE PROPERTY AND WE CLARIFIED IT WOULD BE

THROUGH CERTIFIED MAIL OR OVERNIGHT COURIER VERSUS TRADITIONAL MAIL, THAT

WAS A REQUEST OF THE FINANCE INDUSTRY. WE ALSO MADE SOME MINOR

CHANGES IN REGARDS TO THE PROCESS. BEFORE IF SOMEBODY WAS SERVED

NOTICE THEY HAD 15 DAYS TO RESPOND, WE MOVED THAT TO 45 DAYS TO GIVE

THEM MORE TIME TO RESPOND. AND ALSO AFTER THIS WHOLE PROCESS IS DONE

AND THE PROPERTY TRANSFERS OVER TO THE LOCAL MUNICIPALITY THERE'S ALWAYS

BEEN 90 DAYS FOR THE FORMER OWNER TO CHALLENGE THE PROCESS. AT THEIR

REQUEST WE EXTENDED IT TO 120 DAYS.

ACTING SPEAKER LEVENBERG: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

WOULD THE SPONSOR YIELD?

MR. MCDONALD: I WILL YIELD.

ACTING SPEAKER LEVENBERG: MR.

MCDONALD, WILL YOU YIELD,

NYS ASSEMBLY JANUARY 31, 2023

MR. MCDONALD: YES, I WILL.

MR. GOODELL: THANK YOU, MR. MCDONALD AND

THANK YOU FOR THAT AN EXPLANATION OF THESE CHAPTER AMENDMENTS. JUST

SO OUR COLLEAGUES ARE ALL ON BOARD WITH WHAT WE'RE TALKING ABOUT, THE

BILL-IN-CHIEF THAT WE PASSED LAST YEAR ENABLED THE MUNICIPALITY TO

ACQUIRE TITLE OF A PROPERTY THAT WAS ABANDONED OR ABANDONED

COMMERCIAL OR INDUSTRIAL RURAL PROPERTY, CORRECT?

MR. MCDONALD: CORRECT.

MR. GOODELL: AND SO IN ORDER FOR A MUNICIPALITY

TO IMPLEMENT THIS PROCEDURE THEY HAD TO SHOW THAT THE PROPERTY WAS

EITHER UNGUARDED OR WAS GUARDED BY SOMEBODY OTHER THAN THE OWNER.

AND ONE OF THREE OTHER FACTORS, CORRECT? AND THOSE FACTORS WERE THAT

THERE WAS A VACATE ORDER OR TAXES WERE IN ARREARS ONE YEAR OR THERE

WERE BUILDING, ZONING OR PROPERTY MAINTENANCE CODE VIOLATIONS,

CORRECT?

MR. MCDONALD: CORRECT.

MR. GOODELL: SO WHAT THIS DID IS LOOKED AT -- ONE

OF THE CHAPTER AMENDMENTS TAKES A LOOK AT THE THIRD CRITERIA WHICH

AGAIN SAYS THAT EVEN THOUGH THE BUILDING IS GUARDED AND SECURED A

MUNICIPALITY COULD TAKE TITLE TO THE PROPERTY IF IT HAD A ZONING, BUILDING

OR PROPERTY MAINTENANCE CODE THAT HAS THE POTENTIAL TO INJURE OR

ENDANGER THE HEALTH OR SAFETY OF OTHERS OR TO UNREASONABLY ANNOY

OTHERS, CORRECT? THAT'S WHAT THE CHAPTER AMENDMENT DOES.

MR. MCDONALD: THAT'S WHAT THE CHAPTER

AMENDMENT SAYS.

NYS ASSEMBLY JANUARY 31, 2023

MR. GOODELL: SO CAN YOU HELP ME? YOU CAN

HAVE THEN UNDER THIS LANGUAGE, YOU COULD HAVE A ZONING, BUILDING CODE

VIOLATION, AND WE KNOW THEY RANGE FROM EVERYTHING FROM MINOR TO

VERY SERIOUS.

MR. MCDONALD: RIGHT.

MR. GOODELL: AND YOU COULD HAVE ONE THAT DOES

NOT INJURE OR ENDANGER THE HEALTH OR SAFETY OF OTHERS BUT HAS A POTENTIAL

TO ANNOY, CORRECT?

MR. MCDONALD: CORRECT.

MR. GOODELL: CAN YOU HELP ME UNDERSTAND

WHAT'S MEANT BY POTENTIAL TO ANNOY? AM I CORRECT, YOU DON'T HAVE TO

SHOW THAT IT'S ACTUALLY ANNOYING ANYONE, RIGHT?

MR. MCDONALD: RIGHT.

MR. GOODELL: IT HAS A POTENTIAL TO ANNOY

SOMEONE. SO IS THAT LIKE A SENSITIVITY-TYPE EVALUATION?

MR. MCDONALD: IT'S NOT A VISUAL -- YOU KNOW, IT'S

NOT A SENSITIVITY ISSUE. FIRST OF ALL, YOU'VE BEEN HERE FOR SEVERAL YEARS.

YOU KNOW WHAT ANNOYING IS ALL ABOUT, RIGHT?

MR. GOODELL: I -- I KNOW WHAT ANNOYANCE IS.

MR. MCDONALD: WE DEAL WITH THIS --

MR. GOODELL: YEAH, IT HAPPENS ALMOST EVERY DAY

HERE.

MR. MCDONALD: I KNOW. SO THAT'S NOT THE CASE

HERE. AS YOU KNOW MUNICIPALITIES ACTUALLY DON'T REALLY LIKE TO GO

THROUGH THIS PROCESS. IT'S ACTUALLY THE LAST THING THEY WOULD WANT TO DO.

NYS ASSEMBLY JANUARY 31, 2023

THIS HOUSE PASSED SEVERAL YEARS AGO THE ABILITY TO CONVEY TITLE TO

RESIDENTIAL PROPERTIES BECAUSE OF BLIGHT IN NEIGHBORHOODS. BUT

UNFORTUNATELY THERE HAVE BEEN SOME COMMERCIAL AND INDUSTRIAL

PROPERTIES THAT HAVE ALSO UNFORTUNATELY BEEN NEGLECTED AND HAVE

BECOME A BLIGHT TO THE COMMUNITY. CASE IN POINT, AND MANY OF YOU

KNOW THIS BECAUSE YOU WORK HERE, THIS IS YOUR SECOND HOME. IT WASN'T

A COUPLE MONTHS AGO WHEN THE CENTRAL WAREHOUSE BUILDING, AN

800,000 SQUARE FOOT GOLIATH THAT SITS ON TOP OF THE RAILROAD TRACKS THAT

CONNECTS RENSSELAER TO THE WESTERN PART OF THE STATE, PIECES OF BUILDING

STARTED TO FALL DOWN AND WE LOST RAIL SERVICE IN UPSTATE NEW YORK FOR

AT LEAST A GOOD WEEK. THAT'S ANNOYING TO ME. IT'S ANNOYING TO

EVERYBODY. SO THAT'S KIND OF THE EXAMPLE I WOULD GIVE IN THAT

CIRCUMSTANCE. IT'S NOT BECAUSE I DON'T LIKE THE COLOR CHARTREUSE, YOU

KNOW, SALMON COLOR THEY PAINTED ON THE BUILDING BY ANY STRETCH OF THE

IMAGINATION. IT'S MORE ABOUT DOES IT HAVE A POTENTIAL TO CAUSE

DISRUPTION TO INDIVIDUALS IN THE COMMUNITY? AND BEING A FORMER

MAYOR WHO WORKED VERY CLOSELY WITH OUR CODE ENFORCEMENT

DEPARTMENT, WE KNOW THAT OUR RESOURCES ARE VERY THIN. WE'RE NOT

GOING TO GO DOWN THAT ROAD UNLESS IT'S BECOME AN EXTREME NUISANCE TO

THE COMMUNITY. I DON'T KNOW IF THAT CLARIFIES IT BUT...

MR. GOODELL: YEAH. SO, JUST SO WE'RE ALL ON THE

SAME PAGE, AM I CORRECT THAT YOU COULD HAVE A COMMERCIAL BUILDING

THAT'S SEALED AND GUARDED BY SOMEBODY OTHER THAN THE OWNER AND HAS

NO VACATE ORDER AND HAS NO VIOLATIONS AND THE MUNICIPALITY COULD STILL

SEIZE THAT IF THE TAXES WERE IN ARREARS BY ONE YEAR?

NYS ASSEMBLY JANUARY 31, 2023

MR. MCDONALD: I'M SORRY. I GOT DISTRACTED.

MR. GOODELL: MADAM SPEAKER.

MR. MCDONALD: COULD YOU ASK THE CROWD TO --

MR. GOODELL: COULD YOU ASK OUR COLLEAGUES TO

KEEP IT DOWN A LITTLE BIT?

ACTING SPEAKER LEVENBERG: MR. JACKSON,

COULD YOU PLEASE ASK OUR COLLEAGUES TO QUIET DOWN? THANK YOU.

MR. MCDONALD: PLEASE REPEAT THE QUESTION.

MR. GOODELL: SO EVEN WITH THIS CHAPTER

AMENDMENT, AM I CORRECT YOU COULD HAVE A COMMERCIAL OR INDUSTRIAL

BUILDING THAT'S SEALED AND GUARDED BY SOMEONE OTHER THAN THE OWNER,

THAT HAS NO VACATE ORDER, THAT HAS NO ZONING, BUILDING OR PROPERTY

MAINTENANCE CODE VIOLATIONS WHICH HAS NO POTENTIAL TO INJURE OR HURT

ANYONE OR EVEN A POTENTIAL TO ANNOY ANYONE AND YOU COULD STILL SEIZE

THE PROPERTY IF THE TAXES WERE IN ARREARS BY A YEAR, CORRECT? EVEN WITH

THIS CHAPTER AMENDMENT.

MR. MCDONALD: IF THAT'S WHAT THE BILL HAD THAN

THAT'S THE CASE, YES.

MR. GOODELL: OKAY. AND THEN THIS BILL SAYS THAT

EVEN IF THE TAXES ARE PAID UP, EVEN IF THERE'S NO VACATE ORDER, EVEN IF

THE BUILDING IS SEALED AND GUARDED BY A THIRD-PARTY, A MUNICIPALITY

COULD SEIZE THE PROPERTY IF THERE IS A POTENTIAL THAT IT MIGHT ANNOY

SOMEONE, CORRECT?

MR. MCDONALD: THAT'S YOUR INTERPRETATION, I

UNDERSTAND WHERE YOU'RE COMING FROM. I DON'T NECESSARILY -- THAT'S NOT

NYS ASSEMBLY JANUARY 31, 2023

WHAT THE INTENTION OF THE BILL WAS. THE INTENTION OF THE BILL WAS VERY

CLEARLY THAT IF A BUILDING IS A POTENTIAL DANGER TO A COMMUNITY, IF IT'S

NEGLECTED, OUR INTENTION IS IF THE LOCAL GOVERNMENT HAS THE GUMPTION TO

EXERCISE WHAT'S BEEN ESTABLISHED IN LAW FOR A SIGNIFICANT PERIOD OF TIME

TO TAKE TITLE OF THE PROPERTY BUT IT'S IN THE BEST INTEREST OF THE

COMMUNITY.

MR. GOODELL: WELL, I UNDERSTAND YOUR INTENTION

AND I APPRECIATE IT.

MR. MCDONALD: YEAH, YEAH.

MR. GOODELL: AND BY THE WAY, I WOULD SUPPORT

THAT INTENTION BUT THE CHAPTER AMENDMENT, INSISTED UPON BY THE

GOVERNOR, WOULD ALLOW A MUNICIPALITY TO SEIZE A PROPERTY IF THERE IS A

POTENTIAL THAT IT MIGHT ANNOY SOMEONE EVEN THOUGH -- I MEAN THIS WAS

HER CHAPTER AMENDMENT.

MR. MCDONALD: IT'S NOT MINE.

MR. GOODELL: IT'S NOT YOURS FOR SURE AND NOT MINE

-- THAT YOU COULD SEIZE A PRIVATE PROPERTY AND USING THE GOVERNOR'S

LANGUAGE, IF IT HAD A POTENTIAL TO ANNOY SOMEONE EVEN THOUGH THE TAXES

WERE CURRENT, THE BUILDING HAD NO VACATE ORDER AND IT WAS SECURED AND

GUARDED BY SOMEONE OTHER THAN THE OWNER, CORRECT?

MR. MCDONALD: THAT'S WHAT YOU'VE SAID, YES.

MR. GOODELL: I'M NOT QUITE SURE WHAT

CONSTITUTIONAL CLASS OUR GOVERNOR WENT THROUGH WHEN IT CAME TO

SEIZING PRIVATE PROPERTY. DID THE ORIGINAL BILL OR THE AMENDMENT

REQUIRE THE MUNICIPALITY THEN TO PAY FAIR VALUE -- FAIR MARKET VALUE TO

NYS ASSEMBLY JANUARY 31, 2023

THE BUILDING?

MR. MCDONALD: GOOD QUESTION. I'M SORRY. I GOT

INTERRUPTED.

MR. GOODELL: DOES EITHER THE ORIGINAL BILL OR THE

CHAPTER AMENDMENT REQUIRE THE MUNICIPALITY TO PAY FAIR MARKET VALUE

FOR THE BUILDING THAT IS BEING SEIZED?

MR. MCDONALD: NO.

MR. GOODELL: I'M SORRY?

MR. MCDONALD: NO, NOT THAT I RECALL.

MR. GOODELL: NO, OKAY. AGAIN, I ALWAYS

APPRECIATE IT, MR. MCDONALD AND WHEN WE'RE DEALING WITH THESE

CHAPTER AMENDMENTS I KNOW IT'S ALWAYS CHALLENGING TO DEFEND

SOMETIMES LANGUAGE INSISTED ON BY THE GOVERNOR, BUT I CERTAINLY

APPRECIATE YOUR EFFORTS.

ON THE -- ON THE BILL, MADAM CHAIR.

ACTING SPEAKER LEVENBERG: ON THE BILL.

MR. GOODELL: YOU KNOW, A FUNDAMENTAL PREMISE

OF BOTH THE STATE AND THE FEDERAL CONSTITUTION IS PROTECTION OF PRIVATE

PROPERTY, RIGHT? GOVERNMENT CAN'T JUST COME IN AND SEIZE YOUR

PROPERTY AND SAY HEY, WE WANT IT AND WE DON'T HAVE TO PAY YOU FOR IT.

SO ANY STANDARDS THAT WOULD ALLOW A GOVERNMENT TO SEIZE PRIVATE

PROPERTY FOR THEIR OWN USE SHOULD HAVE CLEAR AND STRONG SAFEGUARDS,

BECAUSE WE ARE DEALING WITH A FUNDAMENTAL PROPERTY RIGHT ENSHRINED IN

OUR NEW YORK STATE CONSTITUTION AND IN THE FEDERAL CONSTITUTION.

AND SO LET'S LOOK AT THE CHAPTER LANGUAGE. THE CHAPTER AMENDMENT

NYS ASSEMBLY JANUARY 31, 2023

ALLOWS A MUNICIPALITY TO SEIZE PRIVATE PROPERTY WITH NO STATUTORY

OBLIGATION TO PAY FOR IT, EVEN THOUGH, AS MY COLLEAGUE NOTED, THE

PROPERTY IS SECURED AND GUARDED BY SOMEBODY OTHER THAN THE OWNER.

EVEN THOUGH THERE'S NO VACATE ORDER, EVEN THOUGH THEIR -- THE TAXES ARE

CURRENT. AND SO THE CHAPTER AMENDMENT LANGUAGE ALLOWS THE

GOVERNMENT TO SEIZE THIS PRIVATE PROPERTY IF THE PROPERTY HAS ANY

ZONING, BUILDING OR PROPERTY MAINTENANCE CODE THAT WOULD BE TRIGGERED

IF IT WEREN'T PROPERLY PAINTED, FOR EXAMPLE. THAT HAS THE POTENTIAL OF

UNREASONABLY ANNOYING SOMEONE. IS THERE ANYONE IN THIS ROOM THAT

SERIOUSLY THINKS THAT THE SEIZURE OF PRIVATE PROPERTY CAN BE MET BY A

STANDARD THAT'S BASED ON THE POTENTIAL - NOT THAT IT ACTUALLY IS, BUT THE

POTENTIAL OF ANNOYING SOMEONE. IF YOU THINK THAT'S THE STANDARD THAT

SHOULD BE USED IN PROTECTING YOUR PRIVATE PROPERTY FROM BEING SEIZED

MAKE SURE YOUR NEIGHBORS LIKE THE COLOR YOU PAINT YOUR HOUSE. I

APPRECIATE THE DILEMMA THAT MY COLLEAGUE IS IN TRYING TO DEFEND

INDEFENSIBLE LANGUAGE AND HE'S DONE AN ADMIRABLE JOB, THANK YOU VERY

MUCH, MR. MCDONALD, BUT I CANNOT SUPPORT LEGISLATION THAT WOULD

ALLOW THE GOVERNMENT TO SEIZE PROPERTY BECAUSE IT HAS A POTENTIAL TO

ANNOY SOMEONE. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER LEVENBERG: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LEVENBERG: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY JANUARY 31, 2023

MR. MCDONALD TO EXPLAIN HIS VOTE.

MR. MCDONALD: THANK YOU, MR. [SIC] SPEAKER

AND JUST A CLARIFICATION BECAUSE I ALWAYS LOVE THE DISCUSSIONS WITH MR.

GOODELL BUT HE SPENT A LOT OF TIME TALKING ABOUT THE WORD "ANNOYING"

TO GIVE THE PERCEPTION THAT PAINTING A COAT OF PAINT MIGHT BE ANNOYING

AND SOMEONE MAY NOT LIKE THE COLOR. SO I DO WANT TO SHARE THE

LANGUAGE PRIOR TO THIS PHRASE. THE PROPERTY HAS A ZONING, BUILDING OR

PROPERTY MAINTENANCE CODE VIOLATION. THOSE ARE VIOLATIONS OF THE LOCAL

GOVERNMENT. WHETHER IT'S THEIR OWN ZONING, WHETHER IT'S THE BUILDING

DEPARTMENT, WHETHER IT'S THE DEPARTMENT OF STATE'S BUILDING CODE

VIOLATIONS. IT DOESN'T GET INTO PAINT COLOR. IT MAY GET INTO PARTS OF THE

BUILDING MISSING, THAT'S A CODE VIOLATION. SO I JUST WANT TO BE A LITTLE

BIT CLEAR BECAUSE IT WAS GOING DOWN AN AVENUE I DON'T KNOW IF IT WAS

REALLY NECESSARY AND, ONCE AGAIN, THIS IS ANOTHER BILL BROUGHT TO US BY

THE LOCAL GOVERNMENTS, BY THE MAYORS, BY THE COUNTIES, BY THE TOWNS,

BECAUSE THE REALITY IS UNFORTUNATELY FOR A MULTITUDE OF REASONS PEOPLE

GET UPSIDEDOWN ON PROPERTIES. THESE VIOLATIONS ARE NOTICED FOR A FULL

YEAR. THEY ARE CAREFULLY DOCUMENTED AND PROPERTY OWNERS STILL REFUSE

TO ACKNOWLEDGE THOSE VIOLATIONS. THIS IS A TOOL THAT LOCAL GOVERNMENTS

CAN USE THAT IS NOT EMINENT DOMAIN THAT IS BASICALLY PREVENTING BLIGHT

AND MAKING SURE THAT MANY OF THE TREASURES THAT WE HAVE IN OUR

COMMUNITIES DO NOT BECOME TOMORROW'S TRAGEDIES. THEREFORE, I

CONTINUE TO SUPPORT THIS BILL.

ACTING SPEAKER LEVENBERG: MR. MCDONALD

IN THE AFFIRMATIVE.

NYS ASSEMBLY JANUARY 31, 2023

MR. BROWN TO EXPLAIN HIS VOTE.

MR. A. BROWN: THANK YOU, MADAM SPEAKER, TO

EXPLAIN MY VOTE. I THINK THE SPONSOR'S CORRECT. IT'S CERTAINLY NOT

EMINENT DOMAIN, IT'S ACTUALLY A LOT WORSE. EMINENT DOMAIN YOU HAVE

TO PAY NOT EVEN FULL VALUE BUT ANY POTENTIAL LOSSES OF PROFIT. THIS IS

SIMPLY JUST A LAND-GRAB WHERE PEOPLE WILL LITERALLY GO INTO THE

INNER-CITIES INTO COMMUNITIES OF HARDSHIP AND DO A LAND-GRAB BECAUSE

A DEVELOPER WANTS TO TAKE A HOME AND DO A MAJOR DEVELOPMENT. I'M

ACTUALLY SURPRISED AT MY COLLEAGUES THAT THEY DONT SEE THE BLATANT AND

OBVIOUS AFFECT THIS WILL HAVE ON OUR POOR DISADVANTAGED COMMUNITIES.

A DEVELOPER GOES TO HIS FRIEND, THE MAYOR, AND SAYS THIS IS JUST

ANNOYING ME. YOU KNOW, DO THE LAND-GRAB. YOU'RE NOT GOING TO PAY

ANYTHING FOR IT AND I'LL GIVE YOU TOP VALUE. THIS WILL HURT OUR

COMMUNITIES, OUR DISADVANTAGED COMMUNITIES FROM THE GET-GO AND

WE'LL BE HERE NEXT YEAR AND WE'RE GOING TO BE SAYING, WHAT THE HECK DID

WE DO? THIS IS SHOCKING BEYOND SHOCKING. YES, IT'S DEFINITELY NOT

EMINENT DOMAIN. IT'S FREE LAND FOR WHOEVER WANTS IT. THAT'S WHY I'M

VOTING IN THE NEGATIVE, MADAM SPEAKER.

ACTING SPEAKER LEVENBERG: MR. BROWN IN

THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. FLOOD TO EXPLAIN

HIS VOTE.

MR. FLOOD: THANK YOU, MR. SPEAKER. SO PRIOR TO

MY TIME HERE I WAS A PROSECUTOR FROM ONE OF THE LARGEST TOWNS IN THE

STATE OF NEW YORK AND IT WAS THE TOWN OF BROOKHAVEN. WE WOULD

NYS ASSEMBLY JANUARY 31, 2023

REGULARLY PROSECUTE MINOR OFFENSES SUCH AS CRACKS IN THE FENCING,

MINOR CHIPS TO WINDOWS. WE WOULD HAVE -- YOU KNOW, IF THE HOUSE

WASN'T PAINTED PROPERTY, ABSOLUTELY. SIDING OFFENSES AND THIS WAS BOTH

COMMERCIALLY AND RESIDENTIALLY. SO TO -- TO STAND UP IN HERE AND SAY --

SAY THAT IT HAS TO BE A TOWN CODE VIOLATION AND WE'RE ONLY TALKING ABOUT

MAJOR THINGS, MANY MINOR THINGS ARE ABSOLUTELY TOWN CODE VIOLATIONS

AND THIS BILL DOES NOTHING TO PROTECT AGAINST THAT SO THAT IS WHY I'M

GOING TO VOTE IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. FLOOD IN THE

NEGATIVE. THANK YOU, SIR.

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

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

FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I ACTUALLY WANT TO APPRECIATE

THE EFFORTS OF THE SPONSOR ON THIS ONE. I UNDERSTAND THE DIRECTION THAT

THIS BILL IS DESIGNED TO DEAL WITH. I LIVE IN WESTERN NEW YORK IN AND

AROUND MULTIPLE MUNICIPALITIES THAT HAVE OWNERSHIP OF PEOPLE WHO

OWN PROPERTY WHO DO NOT LIVE IN THE AREA WHERE THEY OWN THE PROPERTY

AT. IN FACT SOMETIMES THEY DON'T EVEN LIVE IN THE STATE OF NEW YORK.

AND IF THEY HAD TO FOLLOW CODE VIOLATIONS, WE WOULD NOT HAVE

ABANDONED BUILDINGS SITTING IN OUR COMMUNITIES OR ABANDONED LAND

SITTING IN OUR COMMUNITIES FOR 30 YEARS THAT PEOPLE CONSISTENTLY WILL

PAY TAXES ON AND IF THEY RECEIVE ANY VIOLATIONS THEY'LL TAKE CARE OF THAT,

TOO, BUT THEY'LL STILL KEEP THE PROPERTY VACANT AND/OR ABANDONED. AND

SO I DO THINK THAT THERE NEEDS TO BE SOME OPPORTUNITY TO PUSH THESE

FOLKS INTO COMPLIANCE. IF YOU OWN PROPERTY IN AND AROUND A

NYS ASSEMBLY JANUARY 31, 2023

MUNICIPALITY THAT IS TRYING TO BRING ITSELF UP BY ITS BOOTSTRAPS - I WON'T

NAME THE SPECIFIC MUNICIPALITY, MR. SPEAKER, BUT I CAN TELL YOU THEY DO

NEED SOME OPPORTUNITIES TO FORCE PEOPLE WHO OWN PROPERTY IN THEIR

MUNICIPALITIES TO GET THE WORK DONE OR EITHER MOVE ON. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, OUR

COLLEAGUES HAVE ON THEIR DESKS AN A-CALENDAR. I WOULD NOW LIKE TO

ADVANCE THAT A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

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

MRS. PEOPLES-STOKES.

ON THE A-CALENDAR PAGE 3, RULES REPORT NO. 56, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 00608, RULES REPORT

NO. 56, MCDONALD. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO

MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION AND

ADMINISTERED BY PHARMACISTS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY JANUARY 31, 2023

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? THE CLERK WILL ANNOUNCE

THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00629, RULES REPORT

NO. 57, BRONSON. AN ACT TO AMEND THE ELDER LAW, IN RELATION TO

CLARIFYING THE MEANING OF THE PHRASE "GREATEST SOCIAL NEED" FOR

PURPOSES OF THE ADMINISTRATION OF PROGRAMS UNDER THE FEDERAL OLDER

AMERICANS ACT OF 1965.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(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. A00630, RULES REPORT

NO. 58, CARROLL. AN ACT TO AMEND THE ELDER LAW, IN RELATION TO

INCREASES IN INCOME LIMITING ELIGIBILITY UNDER THE PROGRAM FOR ELDERLY

PHARMACEUTICAL INSURANCE COVERAGE.

NYS ASSEMBLY JANUARY 31, 2023

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE. IF YOU ARE IN YOUR SEATS IN THE CHAMBER PLEASE VOTE NOW.

(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. A01002, RULES REPORT

NO. 59, L. ROSENTHAL. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE

AGRICULTURE AND MARKETS LAW, IN RELATION TO FOOD ALLERGY AWARENESS IN

FOOD SERVICE ESTABLISHMENTS AND ONLINE FOOD ORDERING SERVICES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01007, RULES REPORT

NO. 60, MCDONOUGH. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2022

AUTHORIZING THE BELLMORE FIRE DISTRICT TO FILE AN APPLICATION FOR

EXEMPTION FROM REAL PROPERTY TAXES, AS OPPOSED IN LEGISLATIVE BILLS

NUMBERS S. 6035-A AND A. 6950-A, IN RELATION TO MAKING TECHNICAL

CORRECTIONS 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.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY JANUARY 31, 2023

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01008, RULES REPORT

NO. 61, RA. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2022, RELATING

TO AUTHORIZING THE ASSESSOR OF THE COUNTY OF NASSAU TO ACCEPT FROM THE

MINEOLA UNION FREE SCHOOL DISTRICT AN APPLICATION FOR EXEMPTION

FROM REAL PROPERTY TAXES, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS

S.8940-A AND A. 9981-A, IN RELATION TO MAKING TECHNICAL AMENDMENTS

THEREFOR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(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. A01009, RULES REPORT

NO. 62, PAULIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN

RELATION TO PROVIDING NOTICE OF POTENTIAL SCAMS WHEN SELLING GIFT CARDS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY JANUARY 31, 2023

THERE'S A VOTE ON THE BOARD, MEMBERS. IF YOU'RE IN

YOUR SEATS, PLEASE VOTE NOW.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01285, RULES REPORT

NO. 63, FAHY. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION

TO THE SALE OF DIGITAL ELECTRONIC EQUIPMENT AND PROVIDING DIAGNOSTIC

AND REPAIR INFORMATION; AND TO AMEND A CHAPTER OF THE LAWS OF 2022

AMENDING THE GENERAL BUSINESS LAW RELATING TO THE SALE OF DIGITAL

ELECTRONIC EQUIPMENT AND PROVIDING DIAGNOSTIC AND REPAIR INFORMATION,

AS PROPOSED IN LEGISLATIVE BILL NUMBERS S. 4104-A AND A. 7006-B, IN

RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

HAVE ANY FURTHER RESOLUTIONS OR HOUSEKEEPING?

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

NYS ASSEMBLY JANUARY 31, 2023

BUT WE HAVE NUMEROUS FINE RESOLUTIONS WHICH WE WILL TAKE UP WITH ONE

VOTE.

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

THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 64-81 WERE

UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES.

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

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 9:30, 9:30 A.M.,

WEDNESDAY, FEBRUARY THE 1ST, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,

WAIT A MINUTE, WE NEED SOME QUITE. SHH. THE MAJORITY LEADER SAID

9:30, EVERYBODY GOT THAT?

MRS. PEOPLES-STOKES: NINE-THIRTY, YES.

ACTING SPEAKER AUBRY: GOOD. JUST WANTED

TO -- I DIDN'T WANT YOU TO MAKE A MISTAKE, 9:30.

MRS. PEOPLES-STOKES: NINE-THIRTY A.M., A.M.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:05 P.M., THE HOUSE STOOD ADJOURNED

UNTIL WEDNESDAY FEBRUARY 1ST AT 9:30 A.M., THAT BEING A SESSION DAY.)