TUESDAY, MARCH 28, 2023 1:35 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, AS WE PAUSE FOR A MOMENT OF

SILENCE, LET'S KEEP IN OUR MINDS AND THOUGHTS EVELYN, HALLIE, WILLIAM,

CYNTHIA, KATHERINE AND MIKE, VICTIMS OF THE NASHVILLE SHOOTING, AND

THEIR FAMILIES AND ALL THOSE WHO GRIEVE FOR THEM.

(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.)

VISITORS ARE INVITED -- EXCUSE ME -- A QUORUM BEING

PRESENT, THE CLERK WILL READ THE JOURNAL OF MONDAY, MARCH 27TH.

NYS ASSEMBLY MARCH 28, 2023

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

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

27TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR.

COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBERS, I WOULD LIKE TO BEGIN

OUR WORK TODAY WITH A QUOTE. THIS ONE IS FROM AMANDA GORMAN.

SHE'S AN AMERICAN POET AND ACTIVIST. HER WORK FOCUSES ON ISSUES OF

OPPRESSION, RACE AND MARGINALIZATION OF PEOPLE. MS. GORMAN WAS THE

FIRST PERSON TO BE -- YOUNG PERSON TO BE NAMED NATIONAL YOUTH POET

LAUREATE. HER WORDS FOR US TODAY, MR. SPEAKER AND COLLEAGUES, IS

THERE IS ALWAYS LIGHT. IF ONLY WE'RE BRAVE ENOUGH TO SEE IT. IF ONLY

WE'RE BRAVE ENOUGH TO BE IT. AGAIN, THOSE WORDS FROM AMANDA

GORMAN.

MR. SPEAKER AND COLLEAGUES HAVE ON THEIR DESK A MAIN

CALENDAR, AND AFTER YOU HAVE DONE ANY HOUSEKEEPING AND/OR

INTRODUCTIONS WE'LL BE CALLING FOR COMMITTEES TO MEET ON WAYS AND

MEANS AND RULES. THESE COMMITTEES ARE GOING TO PRODUCE AN

A-CALENDAR WHICH WE ARE GOING TO TAKE UP TODAY. WE WILL START OUR

WORK ON THE FLOOR TODAY BY TAKING UP RESOLUTIONS ON PAGE 3. WE WILL

THEN PICK UP ON CONSENT WHERE WE LEFT OFF ON YESTERDAY BEGINNING WITH

CALENDAR NO. 92, IT'S ON PAGE 13. COLLEAGUES, TODAY WILL ALSO BEGIN

THE PROCESS OF PASSING THE STATE'S BUDGET BEGINNING WITH THE DEBT

NYS ASSEMBLY MARCH 28, 2023

SERVICE BILL WHICH WILL BE ON THE A-CALENDAR. SO I'M GOING TO ASK FOR

MEMBERS' PATIENCE AND COOPERATION AS WE HAVE A BUSY AND VERY

IMPORTANT WEEK AHEAD OF US. MEMBERS SHOULD ALSO BE AWARE THAT AFTER

WE TAKE UP THE A-CALENDAR, WE WILL TAKE UP THE FOLLOWING BILLS FROM

THE MAIN CALENDAR ON DEBATE: RULES REPORT NO. 110 ON PAGE 4 BY MS.

PAULIN, RULES REPORT NO. 112 ON PAGE 4 BY MR. ZEBROWSKI AND RULES

REPORT NO. 113 ON PAGE 5 BY MRS. -- MS. HUNTER. THERE MAY BE A

NEED FOR FURTHER FLOOR ACTIVITY AS THE DAY PROCEEDS, MR. SPEAKER. WHEN

THAT TIME ARISES I WILL MAKE EVERYONE AWARE OF IT. THE MAJORITY SHOULD

ALSO BE AWARE THAT THERE WILL BE A NEED FOR A CONFERENCE AT THE

CONCLUSION OF OUR FLOOR WORK. AND AS ALWAYS WE'LL CONSULT WITH OUR

COLLEAGUES ON THE OTHER SIDE OF THE AISLE TO DETERMINE WHAT THEIR NEEDS

MIGHT BE. MR. SPEAKER, THAT'S THE GENERAL OUTLINE. IF YOU HAVE ANY

INTRODUCTIONS OR HOUSEKEEPING NOW WILL BE A PERFECT TIME.

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

MRS. PEOPLES-STOKES, BUT WE DO HAVE INTRODUCTIONS STARTING WITH

YOURSELF.

MRS. PEOPLES-STOKES: THANK YOU, SIR. THANK

YOU VERY MUCH. IT GIVES ME A LOT OF HONOR AND PLEASURE TO INTRODUCE

DR. LLYASAH SHABAZZ, AN AWARD-WINNING AUTHOR, EDUCATOR AND PRODUCER.

SHE HAS AUTHORED FIVE HISTORICAL NOVELS, HAS SERVED AS THE PROJECT

ADVISOR FOR PBS AWARD-WINNING FILM PRINCE AMONG SLAVES

DOCUMENTARY AND IS CURRENTLY PRODUCING A TELEVISION SERIES BASED ON

HER LATEST TWO PUBLICATIONS, X: A NOVEL AND THE AWAKENING OF

MALCOLM X WITH SONY PICTURES TELEVISION TRISTAR. SHE IS THE

NYS ASSEMBLY MARCH 28, 2023

CHAIRPERSON OF THE MALCOLM X AND BETTY SHABAZZ MEMORIAL AND

EDUCATIONAL CENTER, THE SHABAZZ CENTER. IN HER WORK TO PRESERVE THE

LEGACY OF HER PARENTS, SHE HAS DEDICATED HERSELF TO THE INSTITUTE --

INSTITUTION BUILDING AND INTERGENERATIONAL LEADERSHIP DEVELOPMENT WITH

TEAMS OF DIVERSITY, EQUITY AND INCLUSION. DR. SHABAZZ HAS FURTHERED

HER COMMUNITY IMPACT WITH THE CITY UNIVERSITY OF NEW YORK, OFFICE

OF ACADEMIC AFFAIRS WHERE SHE CREATED CURRICULUM TO ENCOURAGE

HIGHER EDUCATION IN UNDERSERVED INNER-CITIES HIGH SCHOOL DROPOUTS.

SHE WORKED WITH THE OFFICE OF THE MAYOR OF MT. VERNON AS THE

DIRECTOR OF PUBLIC RELATIONS AND SPECIAL EVENTS. SHE FOUNDED AND

PRODUCED A YOUNG ADULT DEVELOPMENT PROGRAM TO PROVIDE HISTORICAL

CONTEXT TO SOCIAL JUSTICE. ENCOURAGING PERSONAL EMPOWERMENT AND

COMMUNITY SERVICE IS A WAY OF LIFE. AS PRESIDENT AND FOUNDER DR.

SHABAZZ ENTERPRISES, SHE PRODUCES A VARIETY OF FORMS DEDICATED TO

POWER, POSSIBILITIES AND SOVEREIGNTY. DR. SHABAZZ HOLDS A MASTER'S

DEGREE IN SCIENCE, IN EDUCATION AND HUMAN RESOURCE DEVELOPMENT

FROM FORDHAM UNIVERSITY, A BACHELOR OF SCIENCE IN BIOLOGY FROM

SUNY NEW PALTZ AND CURRENTLY SHE IS AN ADJUNCT PROFESSOR AT JOHN JAY

COLLEGE OF CRIMINAL JUSTICE IN NEW YORK CITY WHERE SHE TEACHES

PERSPECTIVE ON JUSTICE IN THE AFRICAN WORLD. GROUNDED IN HER

COMMITMENTS TO HER PARENTS, DR. SHABAZZ EMPHASIS EMPOWERMENT AND

INCLUSION IN HER TEACHING AND HER SCHOLARSHIP. PLEASE MR. SPEAKER, ON

BEHALF OF ALL OF US WOULD YOU WELCOME DR. SHABAZZ TO OUR CHAMBERS

AND OFFER HER THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. DR.

NYS ASSEMBLY MARCH 28, 2023

SHABAZZ, ON BEHALF OF MRS. PEOPLES-STOKES, 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. OUR CONGRATULATIONS ON

EXTRAORDINARY WORK THAT YOU ARE DOING AND DOING NOW AND HAVE DONE

IN THE PAST. KNOW THAT YOU ARE ALWAYS WELCOME HERE. KNOW THAT WE

WILL ALWAYS ADMIRE YOU. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. MEEKS.

MR. MEEKS: THANK YOU, MR. SPEAKER. I RISE ON

BEHALF OF MYSELF, MEMBERS BRONSON, BYRNES, CLARK, HAWLEY, JENSEN

AND LUNSFORD TO RECOGNIZE OUR LABOR BROTHER DAN DICLEMENTE FOR HIS

MANY YEARS OF SERVICE TO THE ROCHESTER CITY SCHOOL DISTRICT AND THE

ROCHESTER COMMUNITY. AS THE PRESIDENT OF BENTE LOCAL 2419, DAN

CONTINUES TO EXEMPLIFY HIS UNWAVERING COMMITMENT TO FIGHTING FOR

BETTER PAY, SAFER JOBS, SAFER WORK CONDITIONS AND STANDING UP FOR THE

MEMBERS IN A WIDE RANGE OF INDUSTRIES AND SECTORS. DAN IS AN ACTIVE

MEMBER OF THE ROCHESTER AREA LABOR COUNCIL EXECUTIVE BOARD AS

WELL AS THE PRESIDENT OF AFSCME COUNCIL 66 SINCE 2017. AND HE IS A

CURRENT INTERNATIONAL VICE-PRESIDENT OF AFSCME. MR. SPEAKER, I ASK

THAT YOU WELCOME MR. DAN DICLEMENTE AND EXTEND ALL THE CORDIALITIES

OF THE FLOOR. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. MEEKS, MR. BROWN, MRS. BYRNE, MR. [SIC] CLARK, MR. HAWLEY,

MR. JENSEN, MS. LUNSFORD, WE WELCOME YOU HERE, SIR, TO THE NEW YORK

STATE ASSEMBLY AND YOUR CROWD. ON BEHALF OF THE SPEAKER AND ALL THE

NYS ASSEMBLY MARCH 28, 2023

MEMBERS, WE THANK YOU AGAIN FOR BEING WITH US WORKING TO IMPROVE

THEIR COMMUNITY AND CONTINUING THE GREAT WORK THAT YOU'VE DONE IN THE

PAST. KNOW THAT YOU ARE ALWAYS WELCOME HERE. THANK YOU, SIR.

(APPLAUSE)

MR. RAMOS FOR THE PURPOSES OF A INTRODUCTION.

MR. RAMOS: MR. SPEAKER, I RISE FOR AN

INTRODUCTION. IN DEDICATION TO WOMEN'S HISTORY MONTH, TODAY I HAVE A

GROUP OF WOMEN WHO'VE COME FROM LONG ISLAND, PLEASE STAND -- WHO

HAVE COME FROM LONG ISLAND. THESE WOMEN HERE ARE LEADERS IN ALL

DIFFERENT AREAS IN OUR COMMUNITY. WE HAVE PEOPLE HERE WHO HAVE

BROKEN BARRIERS. WE HAVE THE FIRST AFRICAN-AMERICAN WOMAN TO BE

COUNTY EXECUTIVE -- DEPUTY COUNTY EXECUTIVE. WE HAVE THE FIRST

LATINA DEPUTY MAYOR HERE AMONGST THE CROWD. TOO MANY OF THEM FOR

ME TO MENTION BUT EACH AND EVERY PERSON HERE HAS ADVOCATED, HAS

BROKEN BARRIERS, HAVE CREATED NEW LAWS AND HAVE DEVELOPED

MILESTONES ON LONG ISLAND. FOR THAT REASON WE BROUGHT THEM UP TO

CELEBRATE THE WOMEN IN MY COMMUNITY, THE CONTRIBUTION THAT THEY'VE

MADE, THE COMMUNITIES THAT HAVE BEEN FAR TOO LONG HAD DISPARITIES IN

THEM AND THESE ARE THE CHAMPIONS WHO HAVE REALLY FOUGHT TO HELP WITH

THOSE DISPARITIES AND BRING A BETTER COMMUNITY. SO MR. SPEAKER, I ASK

THAT YOU EXTEND TO THEM ALL THE PRIVILEGES OF THE HOUSE AND PLEASE GIVE

THEM A WARM WELCOME.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. RAMOS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

GROUP OF EXTRAORDINARY WOMEN HERE TO THE NEW YORK STATE ASSEMBLY.

NYS ASSEMBLY MARCH 28, 2023

WE RECOGNIZE THAT YOU ALSO HAVE MET SOME OF THE FELLOWS IN YOUR

CROWD. WE APPRECIATE THE DIVERSITY THAT YOU PROVIDED. I'M SURE

SOMETIMES THAT DIVERSITY WASN'T PROVIDED TO YOU. SO WE'RE HAPPY TO

HAVE YOU. WE EXTEND THE PRIVILEGES OF THE FLOOR. CONTINUE THE GREAT

WORK AND KNOW THAT YOU ARE VERY WELL-REPRESENTED HERE IN THE NEW

YORK STATE ASSEMBLY, THE PEOPLE'S HOUSE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES FOR THE PURPOSES OF A

ANNOUNCEMENT.

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

PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM?

ACTING SPEAKER AUBRY: CERTAINLY. WAYS

COMMITTEE -- WAYS AND MEANS COMMITTEE, SPEAKER'S CONFERENCE

ROOM IMMEDIATELY, THANK YOU.

ACTING SPEAKER EACHUS: RESOLUTIONS PAGE 3,

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 238, MS. LUPARDO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 2023, AS BRAIN INJURY AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER EACHUS: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 239, MS. WALSH.

NYS ASSEMBLY MARCH 28, 2023

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM APRIL 9-15, 2023, AS PUBLIC SAFETY

TELECOMMUNICATORS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER EACHUS: MR. DESTEFANO ON

THE RESOLUTION.

MR. DESTEFANO: WE'RE BACK TO THAT AGAIN, HUH?

IT'S DESTEFANO. THANK YOU, MR. SPEAKER, FOR THE OPPORTUNITY TO ALLOW

ME TO SPEAK ON THIS VERY PERSONAL RESOLUTION. AND I WANT TO THANK THE

SPONSOR MARY BETH WALSH OR ALWAYS REMEMBERING THOSE THAT WORK

EVERY DAY KEEPING OUR COMMUNITIES SAFE BY ALWAYS BEING READY TO

ANSWER THE CALL OF DUTY. AS SOME OF YOU MAY KNOW, THE SECOND WEEK

OF APRIL IS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK. DURING

THIS WEEK WE PAY TRIBUTE TO THE MEN AND WOMEN WHO WE CALL WHEN WE

NEED HELP, WHETHER IT'S REPORTING A HOUSE FIRE, ALERTING THE POLICE TO A

CRIME BEING COMMITTED OR AN INDIVIDUAL WHO IS HAVING A MEDICAL

EMERGENCY IT'S THE PEOPLE ON THE OTHER SIDE OF THE PHONE WHO WORK TO

MAKE SURE THAT THE FIRE TRUCKS, POLICE CARS AND AMBULANCES GET TO GO TO

WHERE THEY NEED TO BE. THE HISTORY OF NATIONAL PUBLIC SAFETY

TELECOMMUNICATIONS WEEK DATES BACK TO 1981 AT THE CONTRA COSTA

SHERIFF'S OFFICE. THE SHERIFF, RICHARD RAINEY, DECIDED TO TREAT HIS

ADMINISTRATION STAFF TO LUNCH FOR ALL OF THEIR HARD WORK THEY DID

THROUGHOUT THE YEAR. BEFORE GOING TO LUNCH THE ADMINISTRATIVE STAFF

FORWARDED ALL OF THEIR CALLS TO DISPATCH AND LEFT. DISPATCH WAS FLOODED

WITH CALLS RELATING TO ADMIN PROBLEMS AND CALLS FOR HELP. WHEN THE

ADMINISTRATION STAFF CAME BACK, MRS. PATRICIA ANDERSON WHO WAS A

NYS ASSEMBLY MARCH 28, 2023

DISPATCHER WENT TO THE SHERIFF AND GAVE HIM A PIECE OF HER MIND. THE

SHERIFF APOLOGIZED LATER THAT DAY AND THE SHERIFF AND UNDERSHERIFF WENT

TO THE DISPATCHERS WITH A CAKE AND SAID HAPPY DISPATCHERS WEEK. THE

SHERIFF AND UNDERSHERIFF WOULD GO TO THERE EVERY APRIL TO THANK THE

DISPATCHERS FOR THE HARD WORK THEY DID EVERY DAY FOR THE PEOPLE IN THEIR

DISTRICT. IN 1991, PRESIDENT CLINTON SIGNED INTO LAW RECOGNIZING

NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK EVERY SECOND WEEK

OF APRIL. I SERVED, AS MANY OF YOU KNOW, IN THE SUFFOLK COUNTY

SHERIFF'S OFFICE FOR 27 YEARS. AND WHILE I RECEIVED MANY CALLS ASKING

FOR HELP, THE TREMENDOUS AMOUNT OF CALLS AT TIMES WERE OVERWHELMING.

I ANSWERED CALLS FOR MANY CAR ACCIDENTS THAT WERE VERY SERIOUS IN

NATURE, KIDNAPPINGS, CPR IN PROGRESS, CHILDBIRTHS, SUICIDES AND

HOMICIDES. IN 2021 GOVERNOR HOCHUL SIGNED INTO LAW A BILL THAT I HAD

DRAFTED TO RECOGNIZE AN ACT DEFINING THE TERM FIRST RESPONDERS IN

COMMUNICATION. WHAT THAT DOES IS OFFER MANY VALUABLE TOOLS TO OUR

TELECOMMUNICATION WORKERS WITH MORE OPPORTUNITIES TO BE RECOGNIZED

FOR THE IMPORTANT WORK THAT THEY PERFORM IN EACH AND EVERY ONE OF OUR

COMMUNITIES.

SO, MR. SPEAKER, IN CONCLUSION I ASK MY COLLEAGUES TO

JOIN ME IN RECOGNIZING THE HARDWORKING DEDICATION OF OUR

TELECOMMUNICATORS AS WE CELEBRATE NATIONAL PUBLIC SAFETY

TELECOMMUNICATIONS WEEK. THANK YOU.

ACTING SPEAKER EACHUS: ON THE RESOLUTION,

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

ADOPTED.

NYS ASSEMBLY MARCH 28, 2023

THE CLERK: ASSEMBLY NO. 240, MS. BARRETT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM APRIL 2023, AS LYME DISEASE AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER EACHUS: MS. BARRETT ON THE

RESOLUTION.

MS. BARRETT: THANK YOU, MR. SPEAKER. ON THE

RESOLUTION. WHEN I FIRST TOOK OFFICE 11 YEARS AGO, LYME AND TICKBORNE

DISEASE AWARENESS MONTH WAS ACTUALLY HELD IN MAY AND LYME DISEASE

WAS GENERALLY CONSIDERED A PROBLEM LIMITED TO THE HUDSON VALLEY,

LYME, CONNECTICUT AND MAYBE A FEW OTHER PLACES. RIGHT NOW PRETTY

MUCH EVERY MONTH IS LYME AND TICKBORNE MONTH BECAUSE TICKS ARE

ACTIVE WHENEVER THE TEMPERATURE IS ABOVE 45 DEGREES, SOME WOULD SAY

FREEZING. CLIMATE CHANGE HAS EXPANDED THE GEOGRAPHIC RANGE OF THESE

TICKS AS WELL WITH LYME DISEASE REPORTED IN EVERY STATE IN OUR COUNTRY.

FURTHER, THERE ARE MORE THAN A DOZEN TICK- BORNE ILLNESSES IN THE UNITED

STATES AND ONE TICK MAY CARRY MORE -- MANY MORE DISEASES RESULTING IN

COINFECTION FROM JUST ONE SINGLE TICK BITE. ACCORDING TO THE CDC THERE

ARE 476,000 NEW CASES OF LYME DISEASE IN THE U.S. EVERY YEAR. A

NUMBER THAT'S ACTUALLY THOUGHT TO BE LOW BECAUSE MANY PEOPLE HAVE NO

RECOLLECTION OF A TICK BITE, THERE ARE PEOPLE WHO GET FALSE-NEGATIVES AND

-- AND MANY SUFFER CHRONIC LYME DISEASE FOR A LONG TIME AFTER

EXPERIENCING SYSTEMS WELL AFTER. LYME IS ACTUALLY KNOWN AS THE GREAT

IMITATOR. ITS COINFECTIONS AND OTHER TICK-BORNE DISEASES GENERALLY ARE

HARDER TO DIAGNOSE BECAUSE THE SYMPTOMS OFTEN MIMIC EVERYTHING

NYS ASSEMBLY MARCH 28, 2023

FROM FLU-LIKE SYMPTOMS TO MENTAL HEALTH TO ALZHEIMER'S. LYME AND

TICK-BORNE DISEASES HAVE NOT GOTTEN THE INVESTMENT THEY DESERVE AT THE

NATIONAL OR STATE LEVEL WHICH IS WHY IT'S IMPORTANT EVERY YEAR THAT WE

REMEMBER AND HAVE THIS AWARENESS RESOLUTION. LAST YEAR THE NATIONAL

INSTITUTES OF HEALTH FUNDING -- FUNDING FOR LYME WAS ABOUT $63 PER

PATIENT AND YOU CONTRAST THAT WITH WEST NILE DISEASE OR MALARIA WHICH

RESPECTIVELY RECEIVED 13,600 PER PATIENT FOR WEST NILE AND 118,00 AND

CHANGE FOR MALARIA. AND I THINK MANY MORE OF US KNOW PEOPLE WHO

ARE SUFFERING AND STRUGGLING WITH LYME AND TICK-BORNE DISEASE. HERE IN

OUR STATE WE HAVE TWO CUTTING-EDGE CENTERS WORKING ON THIS LYME AND

TICK-BORNE DISEASE RESEARCH AND DIAGNOSIS. ONE IS AT UPSTATE MEDICAL

CENTER IN SYRACUSE WHICH HAS AN INCREDIBLE CLINIC BROUGHT HERE FROM

TEXAS AND THE OTHER IS COLUMBIA UNIVERSITY IN NEW YORK CITY, AND

MOST OF THESE ARE FUNDED WITH PRIVATE DOLLARS. SO, WE MUST DO MORE

HERE IN NEW YORK STATE TO INCREASE AWARENESS AND INVESTMENT IN THE

RESEARCH AND IN THE TREATMENT OF LYME AND TICK-BORNE DISEASES. SO

HERE'S A STARTLING FIGURE TO BRING THIS CRISIS HOME. TWO HUNDRED

CHILDREN GET LYME DISEASE EVERY SINGLE DAY. THAT'S FOUR SCHOOL BUSES

OF CHILDREN IN A SINGLE DAY. SO I ASK YOU ALL, COLLEAGUES, TO PLEASE JOIN

ME AND AS OUR OFFICE SAYS "# GETTICKEDOFF" AND SUPPORT THIS

RESOLUTION. THANK YOU VERY MUCH. THANK YOU, MR. SPEAKER.

ACTING SPEAKER EACHUS: THANK YOU, MS.

BARRETT AND I'M SORRY ABOUT THE NOISE. A VERY IMPORTANT RESOLUTION,

THOUGH.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

NYS ASSEMBLY MARCH 28, 2023

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

PAGE 12, CALENDAR NO. 92, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04927, CALENDAR NO.

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

DUTY TO INFORM MATERNITY PATIENTS ABOUT THE RISKS ASSOCIATED WITH

CESAREAN SECTION FOR PATIENTS UNDERGOING A PRIMARY CESAREAN SECTION

AND TO INFORM MATERNITY PATIENTS ABOUT THE REASON FOR PERFORMING

PRIMARY CESAREAN SECTION DELIVERY.

ACTING SPEAKER EACHUS: READ THE LAST

SECTION.

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

DAY.

ACTING SPEAKER EACHUS: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. MANKTELOW TO EXPLAIN HIS VOTE.

MR. MANKTELOW: THANK YOU, MR. SPEAKER. AS I

LOOKED OVER THIS BILL AND I DID A LITTLE BIT OF RESEARCH, I WAS REALLY GLAD

TO HEAR AND -- AND SEE THAT ACOG, THE AMERICAN COLLEGE OF

OBSTETRICIANS AND GYNECOLOGISTS, OF WOMEN HEALTHCARE PHYSICIANS

CAME OUT WITH AN ABSTRACT OF THIS. AND WHAT I LIKED ABOUT IT WAS IN

2011 ONE OF THREE WOMEN GAVE BIRTH IN THE UNITED STATES THAT DID SO

THROUGH CESAREAN DELIVERY. THAT BIRTH CAN BE LIFESAVING TO THE FETUS, TO

THE MOTHER AND BOTH IN CERTAIN CASES. I JUST WANT TO MAKE NOTE OF THAT

BECAUSE AS I READ THROUGH THAT, IT WAS REALLY GREAT TO SEE THESE

NYS ASSEMBLY MARCH 28, 2023

PHYSICIANS COME OUT AND TALK ABOUT LIFE, AND IT WAS SO GREAT TO SEE THAT

THEY CONSIDER THE FETUS LIFE. SO I JUST WANTED THAT TO BE SAID HERE ON

THE FLOOR. I'M REALLY THANKFUL FOR WHAT THEY DID AND WHAT THEY STOOD FOR

AND WHAT THEY CAME OUT WITH. SO THANK YOU FOR ALLOWING ME TO SPEAK.

ACTING SPEAKER EACHUS: MR. MANKTELOW IN

THE AFFIRMATIVE.

MR. GOODELL TO EXPLAIN YOUR VOTE.

MR. GOODELL: THANK YOU, MR. SPEAKER. I'M ALSO

SUPPORTING THIS LEGISLATION BECAUSE I THINK IT'S IMPORTANT THAT HEALTH

CARE PATIENTS IN NEW YORK STATE HAVE FULL KNOWLEDGE AND FULL CONSENT.

AND AS YOU CAN TELL THERE'S A WHOLE BUNCH OF PEOPLE BEHIND ME THAT

APPARENTLY AGREE, AT LEAST I THINK THEY'RE AGREEING, IT'S HARD TO TELL,

THEY'RE JUST SCREAMING. I THINK WE SHOULD TAKE THIS CONCEPT, THOUGH,

AND APPLY IT IN OTHER SITUATIONS. SO I THINK WE SHOULD BE VERY CLEAR THAT

IF YOU BUY A GORE-TEX COAT, YOUR HEALTH RISK IS SO SMALL WE HAVEN'T

YET FIGURED IT OUT, ALTHOUGH WE ARE BANNING GORE-TEX EVENTUALLY.

AND I THINK WE SHOULD SAY THAT IF YOU'RE TAKING THE ABORTION MEDICAT --

DRUGS THAT TERMINATE ABORTION, THAT RISK OF SIDE EFFECTS IS ACTUALLY QUITE

HIGH. AND THERE'S A RECENT STUDY THAT WAS PUT OUT THAT WAS COSPONSORED

BY THE PLANNED PARENTHOOD OF CENTRAL NEW YORK -- CENTRAL U.S. THAT

POINT OUT THAT OUT OF 2,400 ABORTIONS BY THE ABORTION MEDICATION, 125

REQUIRED MEDICAL FOLLOW-UP, EIGHT REQUIRED TRANSFUSIONS. AND THE

LIKELIHOOD OF EXTRAORDINARILY SERIOUS CONSEQUENCES IS SOMEWHERE

BETWEEN ONE HALF OF ONE PERCENT. SO I'D LIKE THE IDEA OF NOTIFYING

PEOPLE OF RISK, BUT LET'S NOTIFY PEOPLE OF ALL THE RISKS, NOT JUST SOME SO

NYS ASSEMBLY MARCH 28, 2023

THAT PEOPLE CAN MAKE A THOUGHTFUL, INFORMED CHOICE THAT MAXIMIZE

THEIR HEALTH AND THE HEALTH OF THEIR UNBORN CHILD. THANK YOU, SIR.

ACTING SPEAKER EACHUS: THANK YOU, MR.

GOODELL. MR. GOODELL IN THE AFFIRMATIVE.

MR. LAVINE.

MR. LAVINE: I WILL BE VOTING IN FAVOR OF THIS. BOTH

MY CHILDREN WERE BORN WITH CESAREAN SURGERIES. AND IT'S ONLY RIGHT

THAT MOTHERS-TO-BE BE INFORMED OF DANGERS. BUT A FACT. THE RISK OF

PREGNANCY IS INFINITELY GREATER THAN ANY RISKS ASSOCIATED WITH ABORTION.

AND TO ME TO TAKE A BILL LIKE THIS AND TO MANIPULATE IT TO TORTURE THE

LANGUAGE TO JUSTIFY ANTI-ABORTION IS AN EXERCISE IN CYNICISM BUT WE ALL

KNOW THAT. BUT I WILL BE VOTING IN FAVOR OF THIS BILL.

ACTING SPEAKER EACHUS: MR. LAVINE IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU WOULD PLEASE CALL THE RULES COMMITTEE TO THE

SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER EACHUS: RULES COMMITTEE TO

THE SPEAKER'S CONFERENCE ROOM.

PAGE 13, CALENDAR NO. 93, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05073, CALENDAR NO.

NYS ASSEMBLY MARCH 28, 2023

93, HUNTER, STECK, WALLACE, BUTTENSCHON, HAWLEY. AN ACT TO AMEND

THE REAL PROPERTY TAX LAW, IN RELATION TO PROHIBITING MORTGAGEES FROM

REQUIRING MORTGAGORS OF CERTAIN REAL PROPERTY TO PURCHASE FLOOD

INSURANCE EXCEEDING CERTAIN LIMITS.

ACTING SPEAKER EACHUS: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER EACHUS: 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 AND MR. ANDERSON.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS TO INTRODUCE

GUESTS OF OUR COLLEAGUE KHALEEL ANDERSON. THESE ARE SOME REALLY

IMPORTANT GUESTS, MR. SPEAKER, BECAUSE THEY ARE THE LEADERS OF TENANT

COUNCILS OF NYCHA IN QUEENS. WE HAVE MIGUEL HERNANDEZ FROM

OCEAN BAY HOUSES [SIC], WE HAVE EDITH SPINELLI OF CARLETON MANOR

HOMES, WE HAVE DORIS MCLAUGHLIN OF CARLETON MANOR HOMES AS

WELL, KIMBERLY COMES FROM REDFERN HOUSES AND MARGARETH MASSIAC

OF OCEAN SIDE [SIC] APARTMENTS. MR. SPEAKER, IF YOU WOULD PLEASE

WELCOME OUR GUESTS TO THE CHAMBERS AND OFFER THEM THE CORDIALITIES OF

THE FLOOR.

NYS ASSEMBLY MARCH 28, 2023

ACTING SPEAKER EACHUS: ON BEHALF OF MRS.

PEOPLES-STOKES AND MR. ANDERSON, I'D LIKE TO -- AND THE SPEAKER AND

ALL THE MEMBERS HERE OF THE ASSEMBLY, I'D LIKE TO WELCOME YOU TO THE

PEOPLE'S HOUSE AT THIS POINT AND EXTEND THE PRIVILEGES OF THE FLOOR AND

HOPE THAT YOU ENJOY THE PROCEEDINGS THAT YOU HAVE SEEN. I WANT TO

THANK YOU VERY MUCH FOR EVERYTHING THAT YOU HAVE DONE AND PLEASE

THANK YOU AGAIN AND MAY YOUR WORK CONTINUE TO GROW.

(APPLAUSE)

PAGE 13, CALENDAR NO. 94, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05375, CALENDAR NO.

94, PAULIN, L. ROSENTHAL, COLTON, SAYEGH. AN ACT TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO HOSPITAL ESTABLISHMENT.

ACTING SPEAKER EACHUS: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A05396, CALENDAR NO.

95, GUNTHER, WEPRIN, BURDICK, COLTON. AN ACT TO AMEND THE

CORRECTION LAW, IN RELATION TO PROVIDING INFORMATION REGARDING

MEDICARE PART B COVERAGE TO CERTAIN INDIVIDUALS.

ACTING SPEAKER EACHUS: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER EACHUS: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

NYS ASSEMBLY MARCH 28, 2023

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05516, CALENDAR NO.

96, HUNTER, WEPRIN, BURDICK. AN ACT TO AMEND THE BANKING LAW, IN

RELATION TO CRITERIA FOR THE ESTABLISHMENT OF BANKING DEVELOPMENT

DISTRICTS.

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: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO AGAIN INTERRUPT OUR PROCEEDINGS FOR THE

PURPOSES OF AN INTRODUCTION. YOU ALL MAY RECALL THE EXPERIENCES THAT

WE HAVE HAD IN THE GREAT CITY OF BUFFALO DURING YEAR 2022, PARTICULARLY

THE MASSACRE OF OUR PEOPLE, BUT I CAN TELL YOU THAT THERE'S NO WAY WE'VE

GOTTEN THROUGH ALL OF THIS WITHOUT THE THREE GENTLEMEN AND MANY OTHERS

LIKE THEM IN THE CITY OF BUFFALO. THEY ARE PASTORS MARK BLUE WHO IS

THE PRESIDENT -- ALSO THE PRESIDENT OF THE NAACP AND THE SECOND

BAPTIST CHURCH IN LACKAWANNA. WE HAVE PASTOR KINZER POINTER WHO

NYS ASSEMBLY MARCH 28, 2023

IS THE PASTOR OF AGAPE FELLOWSHIP BAPTIST CHURCH IN THE GREAT CITY OF

BUFFALO AND PASTOR DENNIS LEE WHO IS THE PASTOR OF HOPEWELL BAPTIST

IN THE GREAT CITY OF BUFFALO. AND I CAN'T REINSTATE ENOUGH, MR.

SPEAKER, THE VALUE OF HAVING REALLY STRONG CLERGY IN YOUR COMMUNITY

WHEN YOU GO THROUGH THE CHALLENGES THAT WE'VE BEEN THROUGH IN THE

GREAT CITY OF BUFFALO. SO IF YOU WOULD WELCOME THESE GENTLEMEN TO

OUR CHAMBERS AND OFFER THEM THE CORDIALITIES OF THE HOUSE, I WOULD

GREATLY APPRECIATE IT.

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. COMBINED

CLERGY, WE'RE CERTAINLY PLEASED THAT YOU COULD JOIN US. APPRECIATE THE

SPIRITUAL STRENGTH THAT YOU PROVIDED BUFFALO IN THESE TRYING TIMES.

CONTINUE TO DO THAT WORK. KNOW THAT YOU ARE ALWAYS WELCOME HERE.

THANK YOU SO VERY MUCH TO EVERYONE.

(APPLAUSE)

THE CLERK: ASSEMBLY NO. A05604, CALENDER NO.

97, MAGNARELLI, FAHY. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW,

IN RELATION TO THE DISPLAY OF GREEN LIGHTS ON THE VEHICLES OF MEMBERS OF

MOBILE CRISIS TEAMS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05609, CALENDAR NO.

98, ROZIC, JACOBSON. AN ACT TO AMEND THE WORKERS' COMPENSATION

LAW, IN RELATION TO PROVIDING LANGUAGE ACCESS SERVICES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

NYS ASSEMBLY MARCH 28, 2023

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. MEMBERS NOW HAVE ON THEIR DESK AN A-CALENDAR AND I NOW

MOVE TO ADVANCE THAT CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

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

MRS. PEOPLES-STOKES.

PAGE 3, RULES REPORT NO. 114, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03002, RULES REPORT

NO. 114, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE LEGAL

REQUIREMENTS OF THE STATE DEBT SERVICE AND LEASE PURCHASE PAYMENTS

AND OTHER SPECIAL CONTRACTUAL OBLIGATIONS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: YES, THANK YOU, MR. SPEAKER.

TODAY THE STATE IS ASSEMBLY IS CONSIDERING PASSING ITS FIRST BUDGET BILL

FOR FISCAL YEAR '23-'24. THE DEBT SERVICE BILL APPROPRIATES 15.6 BILLION

FOR THIS COMING FISCAL YEAR. THE DEBT SERVICE BILL MAKES

APPROPRIATIONS FOR THE PAYMENTS OF PRINCIPAL AND INTEREST AND RELATED

EXPENSES ON FIXED AND VARIABLE RATE BONDS FOR THE STATE'S GENERAL

OBLIGATION BONDS, PERSONAL INCOME TAX REVENUE BONDS, SALES TAX

REVENUE BONDS, LEASE PURCHASE PAYMENTS AND OTHER SPECIAL CONTRACTUAL

OBLIGATIONS TO PUBLIC AUTHORITIES. THE DEBT SERVICE WILL ALSO INCLUDE

AN APPROPRIATION. THIS DEBT SERVICE INCLUDES AN APPROPRIATION OF 500

MILLION FROM THE DEBT REDUCTION RESERVE FUND THAT WOULD PROVIDE THE

NYS ASSEMBLY MARCH 28, 2023

STATE WITH THE FLEXIBILITY TO PAY OFF HIGH-COST DEBT AND PAY HARD DOLLAR

FOR CAPITAL PROJECTS THAT WOULD OTHERWISE BE FINANCED THROUGH ISSUING

BONDS. AND MR. SPEAKER, I ASK OUR COLLEAGUES TO SUPPORT THIS BILL SO

WE CAN MAINTAIN FAVORABLE CREDIT RATINGS WITH THE RATING AGENCIES FOR

BONDS THAT WE HAVE ALREADY ISSUED. AND WITH THAT I'M HAPPY TO

RESPOND TO OTHER QUESTIONS.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WEINSTEIN.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WOULD THE CHAIR

YIELD FOR QUESTIONS?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. RA: THANK YOU. SO IT'S GOOD TO BE STARTING THIS

PROCESS. I THINK WE'VE CALLED IT THE BEGINNING OF THE BEGINNING IN THE --

IN THE PAST. AND WE'RE DOING IT IN THE LIGHT OF DAY AND A BILL THAT

ACTUALLY HAS AGED FOR THREE DAYS WHICH I HOPE IS MAYBE A GOOD SIGN FOR

THINGS TO COME. BUT I JUST WANT TO START WITH -- AND I THINK I KNOW WHAT

THE ANSWER IS, BUT OBVIOUSLY WHEN WE LOOK AT THE EXECUTIVE BUDGET OR

WE LOOK AT THE ONE-HOUSE'S WE HAVE A COMPLETE PICTURE OF WHAT'S

GOING ON. THIS BEING OUR FIRST BUDGET BILL, DO WE HAVE ANY SENSE OF

WHERE THINGS ARE, WHAT THE OVERALL SPENDING NUMBERS ARE GOING TO END

UP BEING IN THIS BUDGET?

MS. WEINSTEIN: AT THIS TIME NEGOTIATIONS ARE STILL

CONTINUING SO WE DO NOT HAVE A FINAL NUMBER.

NYS ASSEMBLY MARCH 28, 2023

MR. RA: OKAY. DO WE HAVE ANY IDEA REGARDING

WHETHER THERE WILL BE TAX INCREASES LIKE THERE WAS INCLUDED IN THE

ONE-HOUSE BUDGET?

MS. WEINSTEIN: AS I SAID, THE DISCUSSIONS ARE

CONTINUING AND THAT ISSUE HAS NOT BEEN RESOLVED.

MR. RA: OKAY. ONE PIECE OF DEBT IT'S DIFFERENT THAN

THE STATE DEBT IN THIS BILL BUT THAT WAS ADDRESSED IN -- IN THE ONE-HOUSE

BUDGET WAS THE UNEMPLOYMENT INSURANCE DEBT. IS THERE ANYTHING GOING

ON WITH REGARD TO THAT AND YOUR PROPOSAL THAT WOULD HAVE BONDED SOME

MONEY TO PAY DOWN THAT DEBT?

MS. WEINSTEIN: NO. THAT'S STILL SUBJECT TO

ONGOING DISCUSSION.

MR. RA: OKAY. AND ARE WE STILL OPERATING AT THIS

POINT ON THE GOVERNOR'S PROJECTIONS FOR THE TOTAL DEBT BEING $66.7

BILLION FOR THIS FISCAL YEAR, THIS COMING FISCAL YEAR?

MS. WEINSTEIN: YES.

MR. RA: OKAY. SO IN TERMS OF THIS BILL ITSELF, HOW

MUCH DOES THIS DEBT SERVICE BILL APPROPRIATE?

MS. WEINSTEIN: THE -- DEBT SERVICE APPROPRIATION

IS 15.6 BILLION. ANTICIPATING YOUR NEXT QUESTION, THE DEBT SERVICE

SPENDING IS 3.5 BILLION WHICH IS A DECREASE OF 5 BILLION FROM THIS

CURRENT FISCAL YEAR.

MR. RA: OKAY. AND SO 3.5 BILLION. SO, IS THAT WHAT

WE BELIEVE WILL BE IN THE FINANCIAL PLAN IN THE ENACTED FINANCIAL PLAN?

MS. WEINSTEIN: IT IS UNCLEAR SINCE NEGOTIATIONS

NYS ASSEMBLY MARCH 28, 2023

ARE CONTINUING.

MR. RA: OKAY. NOW, AS YOU KNOW THE GOVERNOR

HAS PROPOSED A FOURTH ROUND OF SHORT-TERM LIQUIDITY FINANCING TOTALING

5 BILLION AND THE DEBT SERVICE BILL BEFORE US TODAY HAS APPROPRIATION

AUTHORITY TO COVER THE COST IF THIS SHORT-TERM OPTION IS USED. DO WE

ANTICIPATE ACTUALLY HAVING THAT IN THE ENACTED BUDGET?

MS. WEINSTEIN: IT -- RIGHT NOW IT IS IN -- IT'S AN

ARTICLE VII PROPOSAL SO THAT IS STILL PART OF DISCUSSIONS.

MR. RA: OKAY. THANK YOU.

MS. WEINSTEIN: I -- I WOULD JUST SAY THAT WE -- WE

-- WE -- WE HAVEN'T USED IT RECENTLY, EVEN THOUGH WE HAD AUTHORIZED IT

SO IT'S UNCLEAR WHERE WE WILL END UP. BUT AS I SAID WE'RE STILL HAVING

NEGOTIATIONS.

MR. RA: OKAY. ARE THERE ANY PLANS THAT YOU'RE

AWARE OF TO ISSUE SHORT-TERM, MORE SHORT-TERM DEBT?

MS. WEINSTEIN: I'M NOT AWARE OF ANY PLANS.

MR. RA: OKAY. IN TERMS OF OUR DEBT CAP, HOW MUCH

ROOM IS UNDER THE DEBT SERVICE CAP FOR 2024 FISCAL YEAR?

MS. WEINSTEIN: SO FOR 2024 THERE IS

14,415,000,000.

MR. RA: NOW AS -- AS YOU KNOW, WHAT WE HAVE

ROOM UNDER THE CAP, THE COMPTROLLER'S PROJECTED THAT THE DEBT SERVICE

IS GOING TO CONSUME AN INCREASING SHARE OF STATE OPERATING FUNDS

SPENDING OVER THE NEXT FIVE YEARS GROWING FROM 5.4 PERCENT TO 5.9

PERCENT. AND WITH CASH DEBT SERVICE PAYMENTS PROJECTING TO INCREASE

NYS ASSEMBLY MARCH 28, 2023

OVER 42 PERCENT WITHIN THE SAME TIME FRAME, THIS IS GOING TO LEAVE

FEWER CASH RESOURCES AVAILABLE FOR OTHER SPENDING. SO HOW'S THE STATE

PLANNING FOR INCREASED DEPENDENCY ON FUTURE DEBT ISSUANCES AND

INCREASING DEBT SERVICE PAYMENTS?

MS. WEINSTEIN: WE -- AS WE DISCUSSED DURING OUR

DEBATE ON THE ONE-HOUSE, WE BELIEVE THAT THERE IS ENOUGH INCOME

REVENUE TO THE STATE TO ACCOUNT FOR ANY -- ANY -- THIS DEBT SERVICE AND

ANY ADDITIONAL DEBT SERVICE THAT MAY COME OUT OF THE NEGOTIATIONS ON

THE FINAL BUDGET.

MR. RA: OKAY. AND ASSUMING WE'RE STILL FACING THIS

ON THE 30-DAY FINANCIAL PLAN, IN WHAT YEAR DOES THE DEBT OUTSTANDING

CAP REACH ITS LOWEST CAPACITY AND HOW MUCH IS THAT?

MS. WEINSTEIN: IN FISCAL YEAR '28 IT'S PREDICTED

THAT THE DEBT CAP WILL BE $171 MILLION.

MR. RA: AND ONE OF THE OTHER THINGS THAT CAME UP IN

THE COMPTROLLER'S REPORT WAS I THINK ABOUT $20 BILLION THAT WAS

EXCLUDED FROM THE DEBT OUTSTANDING CAP DURING THE PANDEMIC. SO, IF

THAT HAD BEEN COUNTED, WE -- AM I CORRECT THAT WE WOULD BE ABOVE THE

DEBT CAP AT THIS POINT?

MS. WEINSTEIN: YES, OR RIGHT ABOUT IT, YES.

MR. RA: JUST IN TERMS OF OUR GENERAL DEBT. YOU

KNOW, NEW YORK STATE RELIES PRIMARILY ON PERSONAL INCOME TAX

RECEIPTS AND SALES TAX RECEIPTS TO BACK OUR BONDS. DO YOU BELIEVE THAT

WITH OUR POPULATION DECLINING AND THE IMPACT OF INFLATION AND INTEREST

RATE INCREASES THAT WE ARE TOO RELIANT ON THOSE TWO REVENUE BACK BOND

NYS ASSEMBLY MARCH 28, 2023

STRUCTURES?

MS. WEINSTEIN: NO, I DO NOT.

MR. RA: AND IN TERMS OF THE CURRENT, YOU KNOW,

FEDERAL ACTIONS THAT HAVE BEEN ONGOING, YOU KNOW, THE FEDERAL

RESERVE HAVING NOW INCREASED RATES NINE TIMES TO COMBAT INFLATION, DO

WE KNOW HOW THAT HAS IMPACTED OUR COST OF ISSUING DEBT AS A STATE?

MS. WEINSTEIN: WELL, IT -- IT HAS DEFINITELY HAD

SOME INCREASE IN OUR COST OF THE INTEREST RATE THAT WE ARE HAVING ON --

ON DEBT. AND WHEN WE TALKED ABOUT THE DEBT SERVICE SPENDING AND I

MENTIONED THE DECREASE OF THE 5 BILLION, SOME OF THAT HAS TO DO WITH

OUR PREPAYMENT OF -- OF DEBT AND THAT GIVES US A BIT OF A CUSHION.

MR. RA: OKAY. BUT YOU DON'T KNOW OF ANY, YOU

KNOW, ANALYSIS OF HAVING BEEN DONE IN TERMS OF HOW MUCH THESE

INCREASES IN -- IN THE RATES ARE GOING TO IMPACT OUR DEBT SERVICE COSTS

OVER THE NEXT COUPLE OF YEARS?

MS. WEINSTEIN: NO, WE DO NOT HAVE THAT

INFORMATION.

MR. RA: OKAY. WE WERE LOOKING AT THE STATE'S

CREDIT RATINGS AND THERE SEEMED TO BE A DISCREPANCY BETWEEN WHAT'S

LISTED ON THE DIVISION OF BUDGET WEBSITE THAT SAYS OUR GENERAL

OBLIGATION BOND RATE IS AA1 BUT THERE WAS A MEMO FROM, YOU KNOW,

THE ASSEMBLY WAYS AND MEANS DEPARTMENT SAYING THAT IT WAS AA2.

DO YOU KNOW WHAT THE STATE'S CREDIT RATINGS CURRENTLY ARE?

MS. WEINSTEIN: SO I'LL GO THROUGH A COUPLE OF THE

RATING AGENCIES. STANDARD & POOR'S IS AA+, FITCH IS AA+, MOODY'S IS

NYS ASSEMBLY MARCH 28, 2023

AA2 FOR -- AND THAT HAS TO DO WITH THE -- THE PERSONAL AND FOR THE PIT

BONDS. IN TERMS OF THE SALES TAX BONDS STANDARD & POOR'S ALSO IS A

AA+. FITCH IS AA+. MOODY'S IS AA2. AND IT'S SIMILAR FOR THE GENERAL

OBLIGATION BOND, SO ALL THREE ARE SIMILAR. I HAD THE SAME RATING,

OBVIOUSLY THERE'S A SLIGHT DISCREPANCY BETWEEN STANDARD & POOR'S,

FITCH AND MOODY'S.

MR. RA: OKAY. AND THE COMPTROLLER ALSO STATED

THAT DEBT OUTSTANDING WILL GROW BY 42 PERCENT OR 88 BILLION IN FISCAL

YEAR 2027 WHICH EQUATES TO 7.3 PERCENT ANNUAL GROWTH. IF YOU

COMPARE THAT TO THE PREVIOUS 20 YEARS, DEBT OUTSTANDING INCREASED BY

ONLY 2.5 PERCENT ANNUALLY. MOODY'S RANKS NEW YORK AS HAVING THE

SECOND- LARGEST DEBT BURDEN IN THE NATION BEHIND CALIFORNIA AND IN A

REVIEW DONE BY STANDARD & POOR'S, NEW YORK'S MODERATELY HIGH AND

GROWING DEBT LEVELS IS ONE FACTOR FROM PREVENTING IT FROM ACHIEVING A

HIGHER CREDIT RATING. SO DO YOU ANTICIPATE ANYTHING IN THIS BUDGET THAT

IS GOING TO HELP DEAL WITH THIS PROBLEM GOING FORWARD?

MS. WEINSTEIN: AS -- AS I SAID, WE FEEL THAT WE

HAVE THE REVENUES TO SUPPORT THE DEBT AND IN TERMS OF THE BUDGET GOING

FORWARD WE STILL ARE HAVING NEGOTIATIONS SO I COULDN'T REALLY SPEAK TO

HOW OUR FINAL DEBT PICTURE WILL -- WILL LOOK.

MR. RA: THANK YOU. IN TERMS OF THE STATE'S OVERALL

DEBT, WE HAVE WHAT'S ACCOUNTED FOR AS STATE DEBT AND THEN WE HAVE

WHAT WE'RE ALL FAMILIAR WITH, YOU KNOW, THAT PEOPLE DESCRIBE AS

BACKDOOR BORROWING THROUGH A LOT OF THE -- THE AUTHORITIES. BUT STATE

DEBT THAT'S ISSUED ON BEHALF OF THE STATE CONSTITUTIONALLY IS -- IS

NYS ASSEMBLY MARCH 28, 2023

SUPPOSED TO BE TAXPAYER APPROVED. SO DO YOU KNOW HOW MUCH OF OUR

CURRENT DEBT IS -- WAS ACTUALLY APPROVED BY THE VOTERS OF NEW YORK

STATE?

MS. WEINSTEIN: I BELIEVE $2.6 BILLION.

MR. RA: $2.6 BILLION, THANK YOU. THAT'S ALL I HAVE

RIGHT NOW.

MS. WEINSTEIN: THAT'S -- THAT'S THE OUT --

OUTSTANDING DEBT --

MR. RA: THE OUTSTANDING DEBT.

MS. WEINSTEIN: -- THAT'S BEEN APPROVED.

MR. RA: THAT'S TAXPAYER-APPROVED. SO THAT LEAVES

HOW MUCH DEBT IS IT?

MS. WEINSTEIN: 224 BILLION, PLUS I BELIEVE 48

BILLION OF THE MTA.

MR. RA: OKAY. THANK YOU.

MR. SPEAKER, ON THE BILL.

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

MR. RA: THANK YOU. SO, YOU KNOW, AS I SAID THIS IS

-- THIS IS AN IMPORTANT PART OF THE PROCESS. IT'S OBVIOUSLY IMPORTANT THAT

THE STATE, YOU KNOW, MADE ITS OBLIGATIONS AND -- AND THAT'S WHY I THINK

THIS IS ALWAYS THE FIRST BILL WE'RE TAKING UP TO KIND OF SEND A MESSAGE AT

LEAST THAT WE'RE MEETING OUR OBLIGATIONS EVEN AS WE'RE WAITING FOR A

FINAL BUDGET TO BE DONE. BUT AS I MENTIONED, NUMBER ONE, WE'RE TAKING

UP A BUDGET BILL NOT KNOWING WHAT THE COMPLETE PICTURE IS GOING TO BE

AND SOME OF THE ISSUES WITH REGARD TO DEBT ARE IMPACTED BY THAT. IF WE

NYS ASSEMBLY MARCH 28, 2023

HAVE -- IF WE SEE PERSONAL INCOME TAX INCREASES IN THIS ENACTED BUDGET,

THAT AFFECTS OUR DEBT CAP. IF WE SEE SPENDING THAT MANY OF US HAVE

THOUGHT TO BE PUSHING TO REALLY HIGH AND UNSUSTAINABLE LEVELS IN THE

LAST FEW YEARS, THAT COULD HAVE A, IMPACT GOING FORWARD ON -- ON OUR

STATE. AND I -- I WANT TO POINT OUT AGAIN, YOU KNOW, WE HAVE THE

SECOND HIGHEST DEBT IN THE COUNTRY BEHIND CALIFORNIA. AND YOU KNOW,

WE'VE STARTED TO COMPARE OURSELVES TO CALIFORNIA A LOT BECAUSE OUR

BUDGET NUMBERS OVERALL ARE INCREASING THEIRS DESPITE THEM HAVING

NEARLY DOUBLE THE POPULATION. SO I DON'T THINK THAT'S -- WHETHER IT'S IN

THE OVERALL BUDGET SPENDING OR IN OUR DEBT THAT SOMEBODY WE WANT TO

BE COMPETING FOR THAT DUBIOUS DISTINCTION WITH. A COUPLE OF THINGS

THAT I THINK THIS STATE REALLY NEEDS TO BE THINKING ABOUT WITH REGARD TO

OUR DEBT. YOU KNOW, DURING THE PANDEMIC THERE WAS A LOT OF

UNCERTAINTY, WE DIDN'T KNOW THAT THE FEDERAL GOVERNMENT WAS GOING TO

COME IN WITH THE MONEY THAT THEY ENDED UP COMING IN WITH, AND THE

PREVIOUS GOVERNOR DECIDED TO HAVE DEBT THAT YEAR COMPLETELY

EXEMPTED FROM OUR DEBT CAP. WE DID THAT TWO YEARS IN A ROW AND AS I

SAID, IT'S ALMOST $20 BILLION THAT DOESN'T COUNT AS THE DEBT CAP. WE

WOULD BE OVER OUR DEBT CAP AT THIS POINT IF NOT FOR THOSE ACTIONS HAVING

TAKEN PLACE. NOW IT'S GREAT THAT WE HAVE ROOM UNDER THE DEBT CAP BUT

THAT DOESN'T CHANGE THE FACT THAT THAT IS DEBT THAT OUR STATE WILL HAVE TO

REPAY AT SOME POINT. SO ONE THING THAT I -- THAT I THINK WE SHOULD BE

THINKING ABOUT IS MAKING THE DEBT CAP A CONSTITUTIONAL PROVISION RATHER

THAN A STATUTORY PROVISION THAT SUBJECTS IT TO, YOU KNOW, THE WHIMS OF

THE LEGISLATURE TO SAY HEY, WE'RE NOT GOING TO COUNT THIS -- THIS DEBT

NYS ASSEMBLY MARCH 28, 2023

THIS YEAR. AS I SAID, THE STATE-SUPPORTED DEBT IS PROJECTED TO INCREASE

FROM 6 -- 61.9 BILLION TO 88 BILLION IN '26-'27, WHICH IS AN INCREASE OF

26 BILLION OR 42 PERCENT. AND AS I MENTIONED PREVIOUSLY, ANNUAL

GROWTH IS 7.3 PERCENT COMPARED TO THE PREVIOUS 20 YEARS WHICH WAS

ONLY A 2.5 PERCENT ANNUAL INCREASE. AND APPROXIMATELY 97 PERCENT OF

STATE-SUPPORTED DEBT OUTSTANDING IS FROM PUBLIC AUTHORITIES THROUGH

PERSONAL INCOME TAX AND SALES TAX REVENUE BONDS ISSUED BY THE STATE.

BY THAT '26-'27 YEAR, DEBT SERVICE IS PROJECTED TO TAKE UP 5.9 PERCENT OF

STATE OPERATING FUNDS SPENDING WHICH WILL CUT INTO CRUCIAL SPENDING

NEEDED TO SUPPORT OUR STATE AND ALL OF THE PROGRAMS THAT WE HAVE BEEN

ADOPTING AND TRYING TO SUPPORT THE LAST FEW YEARS. I -- I THINK THIS IS

OBVIOUSLY A ISSUE THAT MAYBE IS A LITTLE DRY, ONE THAT NOT EVERYBODY

THINKS ABOUT ON A DAY-TO-DAY BASIS BUT REALLY THINKING ABOUT HOW WE

ISSUE DEBT IN THE STATE AND HOW WE DEAL WITH OUR DEBT GOING FORWARD IS

-- IS IMPORTANT.

ONE OF THE OTHER THINGS THAT I WANT TO REITERATE, NOT

ONLY DO WE HAVE THIS DEBT THAT WE HAVE EXEMPTED FROM THE CAP BUT WE

ALSO HAVE THE SITUATION THAT I TALKED ABOUT EARLIER, THE BACKDOOR

BORROWING. WE HAVE A CONSTITUTIONAL PROVISION THAT REQUIRES THE VOTERS

TO APPROVE DEBT, YET ONLY A MINISCULE AMOUNT OF OUR OUTSTANDING DEBT

IS ACTUALLY TAXPAYER-APPROVED. I'M TALKING ABOUT THINGS LIKE, YOU

KNOW, LAST YEAR GREAT. WE WENT OUT TO THE VOTERS. WE HAD THE

ENVIRONMENTAL BOND ACT. THE VOTERS APPROVED OF THAT DEBT. THAT'S

HOW IT'S SUPPOSED TO WORK SO THAT THE TAXPAYERS CAN HAVE A SAY IN THE

DEBT THAT THIS STATE IS TAKING ON. SO I -- I HOPE THAT AS WE GO FORWARD

NYS ASSEMBLY MARCH 28, 2023

THERE IS A CONVERSATION ABOUT LOOKING AT THE REFORMS THAT WE HAD DONE

BACK IN THE EARLY 2000S REGARDING DEBT AND MAKING SURE THAT WE'RE

TAKING ACTION GOING FORWARD TO PROPERLY REFLECT THE NEEDS OF THIS STATE.

YOU KNOW, WE -- WE ARE -- WE'RE TAKING ON DEBT FOR REALLY IMPORTANT

THINGS; INFRASTRUCTURE, WHETHER IT'S WATER, WHETHER IT'S OUR ROADS,

IMPORTANT THINGS THAT WE NEED FOR THIS STATE TO MOVE FORWARD, BUT WE

DO HAVE TO KEEP AN EYE ON THE FACT THAT OUR DEBT IS ONE OF THE BIGGEST

BURDENS ON THIS STATE AND COMPARED TO OTHER STATES WE ARE NOT DOING SO

WELL IN THAT REGARD. SO THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR. RA.

MR. SMULLEN.

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

THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. SMULLEN: THANK YOU VERY MUCH, CHAIR. JUST

SO I MAKE SURE, YOU KNOW THIS IS THE FIRST OF OUR MANY BUDGET BILLS AND

I JUST WANT TO MAKE SURE WE FRAME THE DISCUSSION GOING FORWARD HERE

REGARDING DEBT SERVICE. THIS IS THE BILL THAT'S GOING TO ALLOW NEW YORK

TO PROPERLY PAY ITS OBLIGATIONS THAT HAVE BEEN AGREED TO, AND IF WE

DIDN'T PASS THIS BILL WE WOULD ESSENTIALLY NOT MEET THOSE OBLIGATIONS.

IS THAT A FAIR ESTIMATE?

MS. WEINSTEIN: YES.

MR. SMULLEN: I -- I APPRECIATE THAT. LOOKING AT

NYS ASSEMBLY MARCH 28, 2023

WHERE WE WERE LAST YEAR TO WHERE WE ARE TODAY, I HAVE IT DOWN

SOMEWHERE IN THE -- IN THE NEIGHBORHOOD OF NEW YORK HAVING ABOUT

$58 BILLION OF DEBT. IS THAT THE CURRENT FIGURE?

MS. WEINSTEIN: OUTSTANDING DEBT.

MR. SMULLEN: RIGHT. AND THEN GOING THIS YEAR

WE'LL HAVE SOMEWHERE IN THE -- IN THE NATURE OF 67 -- ALMOST $67 BILLION

OF DEBT.

MS. WEINSTEIN: 66.7 BILLION, CORRECT.

MR. SMULLEN: THANK YOU. THAT'S AN $8.2 BILLION

INCREASE FROM LAST YEAR OR 14.1 PERCENT. WHERE DOES THE LION'S SHARE OF

THAT INCREASE THAT OBLIGATION? WHERE IS THAT OBLIGATED TOWARDS? IS IT

THE ENVIRONMENTAL BOND ACT OR IS IT SOME OTHER PROGRAM?

MS. WEINSTEIN: IT'S -- IT'S NOT ONE PARTICULAR ITEM.

SOME OF THE CAPITAL APPROPRIATIONS ARE TRANSPORTATION, TRANSIT IS THE

LARGEST ONE AT 8.59 BILLION AND HEALTH AND MENTAL HEALTH AT 3.68,

EDUCATION AND HIGHER EDUCATION 2.2 BILLION AND SO ON FOR ECONOMIC

DEVELOPMENT, GENERAL GOVERNMENT, PUBLIC PROTECTION, PARKS AND

ENVIRONMENT, SOCIAL WELFARE, HOUSING AND AN ASSORTMENT OF OTHER

CAPITAL APPROPRIATIONS THAT ADD UP TO 2.3 BILLION.

MR. SMULLEN: SO -- SO IF I HEARD YOU CORRECTLY,

MOST OF IT'S TRANSPORTATION FOR THE MTA AND THE REST IS ACROSS THE

PROGRAMS THROUGHOUT THE BUDGET?

MS. WEINSTEIN: I WOULD SAY TRANSPORTATION AND

EDUCATION MAKE UP THE BULK OF IT.

MR. SMULLEN: VERY GOOD. THANK -- THANK YOU

NYS ASSEMBLY MARCH 28, 2023

VERY MUCH FOR THAT. I'M JUST TRYING TO GET A SENSE. AND AS MY -- AS MY

COLLEAGUE (INAUDIBLE) TO YOU, WE'RE NOT TALKING ABOUT THE $8 BILLION THAT

WE BORROWED FROM THE FEDERAL GOVERNMENT FOR OUR UNEMPLOYMENT

INSURANCE REQUIREMENTS THAT WE MET DURING THE PANDEMIC, THOSE

REMAIN OUTSTANDING BUT THEY ARE NOT IN THIS BILL.

MS. WEINSTEIN: YES, CORRECT.

MR. SMULLEN: OKAY. SO WHEN WE'RE -- WHEN

WE'RE TALKING ABOUT AGGREGATE DEBT LOAD, THAT $8 BILLION, WHICH I THINK

IS GOING TO BE PAID BACK BY AN INCREASED UNEMPLOYMENT INSURANCE TAX,

I'M SURE WE'LL TALK ABOUT THAT LATER IN THE BUDGET, WE DIDN'T -- WE DIDN'T

TAKE ANY OF OUR FEDERAL COVID MONEY AND PAY OFF THAT DEBT TO THE

FEDERAL GOVERNMENT LIKE 33 OTHER STATES DID.

MS. WEINSTEIN: NO.

MR. SMULLEN: AND SO WE'RE GOING TO HAVE OUR

BUSINESSES PAY THAT BACK SPREAD ACROSS THE THREE YEARS?

MS. WEINSTEIN: THAT IS SUBJECT OF THE

UNEMPLOYMENT INSURANCE FUND AND ITS DEFICIT IS THE SUBJECT OF ONGOING

NEGOTIATIONS.

MR. SMULLEN: RIGHT. AND I NOTICED -- I NOTICED

FROM THE COMPTROLLER HE HAD ESTIMATED WE LOST ABOUT $11 BILLION IN --

IN LOST CLAIMS, THE LABOR COMMISSIONER SAYS IT'S ABOUT 4 BILLION. SO

SOMEWHERE BETWEEN 4 AND 11 BILLION OF LOST CLAIMS, 8 BILLION THAT

WE'RE OUT -- OUTSTANDING, 6 BILLION IN WHICH OUR -- OUR BUSINESSES ARE

GOING TO PAY BACK GOING FORWARD, NOT INCLUDED IN THE DEBT SERVICE FOR

NEW YORK STATE.

NYS ASSEMBLY MARCH 28, 2023

MS. WEINSTEIN: NOT INCLUDED IN THIS PROPOSAL,

YES.

MR. SMULLEN: THANK YOU -- THANK YOU VERY MUCH

FOR THAT. AND JUST TO -- JUST TO CLARIFY AND QUANTIFY. THE $329 BILLION

OF STATE-SUPPORTED DEBT THROUGH THE PUBLIC AUTHORITIES, THAT'S ABOUT 97

PERCENT OF STATE-SUPPORTED DEBT OVERALL AT THIS POINT.

MS. WEINSTEIN: I -- I DON'T HAVE MY CALCULATOR

HANDY BUT I'LL ACCEPT YOUR PERCENTAGE.

MR. SMULLEN: THEREABOUTS SORT OF THING. A

BILLION HERE, A BILLION THERE ALL HAS TO BE PAID BACK BY THE TAXPAYERS OF

NEW YORK.

MR. SPEAKER, COULD I GO ON THE BILL?

ACTING SPEAKER AUBRY: YOU MOST CERTAINLY

GO ON THE BILL, SIR.

MR. SMULLEN: THANK YOU VERY MUCH, CHAIR. I -- I

APPRECIATE YOUR COMMENTS. THE REASON I -- I TALK ABOUT THIS TODAY IS

BECAUSE I THINK THIS NEW YORK STATE DEBT IS JUST THE TIP OF THE ICEBERG

FOR NEW YORK STATE TAXPAYERS. AND I THINK IT'S REALLY IMPORTANT TO TALK

ABOUT AS WE START THIS BUDGET DISCUSSION OF WHICH WE'RE GOING TO HAVE

200-AND-SOME BILLION DOLLARS WORTH OF SPENDING THAT WE'RE GOING --

THAT WE'RE GOING TO VOTE ON IN THE COMING DAYS. THE REASON I SAY THAT

IS IS RIGHT NOW THE CURRENT FEDERAL DEBT IS $31.46 TRILLION. YOU WOULD

SAY WELL, WE'RE TALKING ABOUT NEW YORK DEBT IN THIS ASSEMBLY AND

THAT'S TRUE, AND WE'RE TALKING ABOUT NEW YORK'S BUDGET DURING THIS

BUDGET WEEK, BUT IT'S IN CONTEXT OF MASSIVE FEDERAL SPENDING THAT'S OUT

NYS ASSEMBLY MARCH 28, 2023

THERE. THE DATA SO FAR SAYS THAT IT'S $93,950 PER PERSON FOR THE -- FOR

THE FEDERAL DEBT THAT'S OUTSTANDING. FOR THE 19.8 MILLION NEW YORKERS,

THAT EQUATES TO ABOUT $1.86 TRILLION AS NEW YORKERS' TAXPAYER SHARE OF

THAT DEBT. SO WE HAVE FEDERAL DEBT, WE HAVE STATE DEBT, WE HAVE

PUBLIC AUTHORITIES DEBT AND THEN WE HAVE SPENDING THAT WE'RE GOING TO

TALK ABOUT IN THE -- IN THE COMING WEEKS OR SO. AND LIKE I SAID, I THINK

THAT'S JUST THE TIP OF THE ICEBERG. THIS -- THIS BILL IS THE TIP OF THE

ICEBERG FROM A PROCESS STANDPOINT, THAT FISCAL RESPONSIBILITY REQUIRES

RESTRAINT AND THAT INCLUDES IN HOW WE SERVICE OUR DEBT. MANY OTHER

STATES, 30 OR SO BY MY COUNT, HAVE ACTUALLY TAKEN SOME OF THEIR FEDERAL

COVID FUNDS AND PAID OFF PARTS OF THE DEBT THAT THEY OWE GOING

FORWARD, BECAUSE NOW THEY WON'T HAVE TO BORROW MONEY AT HIGHER

INTEREST RATES GOING FORWARD, BECAUSE IT'S -- IT'S BEEN THE

OVER-BORROWING AT THE FEDERAL LEVEL WHICH HAS CAUSED THE INFLATION

WHICH IS NOW HITTING ALL 19 MILLION OF ALL OF OUR TAXPAYERS. AND I THINK

THAT'S AN INSIDIOUS WAY TO PUNISH SOME OF THE CITIZENS WHO ARE LEAST

ABLE TO BEAR THOSE COSTS BY TAKING ON MORE DEBT, LAYERING IT ON OTHER

FORMS OF DEBT OVER WHICH WE, AS A BODY, DO HAVE CONTROL AND WE

SHOULD TAKE ACTION. SO FOR THOSE REASONS, FROM A PROCESS STANDPOINT, I

THINK THIS IS A BIG FOUL. AND I THINK ALL OF MY COLLEAGUES ON BOTH SIDES

OF THE AISLE OUGHT TO SERIOUSLY CONSIDER A HARD LOOK ABOUT HOW WE

SERVICE OUR DEBT IN NEW YORK STATE AND MAKE A STAND, MAKE A

STATEMENT AND VOTE NO ON THIS BILL THAT WE HAVE BEFORE US TODAY. THANK

YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

NYS ASSEMBLY MARCH 28, 2023

SMULLEN.

MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. GOODELL: THANK YOU, MS. WEINSTEIN. I JUST

WANT TO MAKE SURE I WAS CLEAR ON A COUPLE OF NUMBERS. SO AS I

UNDERSTAND IT, THERE'S ABOUT 66.7 BILLION IN OUTSTANDING STATE DEBT?

MS. WEINSTEIN: CORRECT.

MR. GOODELL: AND IS ALL THAT 67 -- 66.7 BILLION,

WAS THAT DEBT ALL INCURRED BY OR ON BEHALF OF THE STATE OF NEW YORK?

MS. WEINSTEIN: WELL, 2.7 BILLION OF THAT IS VOTER-

APPROVED DEBT.

MR. GOODELL: AND SO THE OTHER 64 BILLION WAS NOT

INCURRED BY OR ON BEHALF OF THE STATE?

MS. WEINSTEIN: IT WAS NOT APPROVED BY VOTERS. IT

WAS APPROVED CONTRACTUALLY THROUGH THE BUDGET PROCESS.

MR. GOODELL: AND THAT BUDGET PROCESS, WAS THAT

THEN THAT WAS INCURRED THROUGH THE BUDGET PROCESS INCURRED BY OR ON

BEHALF OF THE STATE?

MS. WEINSTEIN: THE DEBT -- NOT THE DEBT ITSELF.

NYS ASSEMBLY MARCH 28, 2023

THE PAYMENT OF THE SERVICING OF THE DEBT IS INCURRED BY THE STATE OF

NEW YORK.

MR. GOODELL: I SEE. SO WE HAVE 64 BILLION OF

DEBT THAT WAS NOT INCURRED BY OR ON BEHALF OF THE STATE BUT THE STATE IS

OBLIGATED TO PAY THE DEBT ON IT?

MS. WEINSTEIN: IT IS THROUGH CONTRACTUAL

AGREEMENTS THAT THE STATE IS OBLIGATED TO PAY THE DEBT ON THE FACE OF THE

BONDS. IT -- IT CLEARLY STATES THAT THERE -- THAT THE STATE IS NOT LIABLE AND

DOES NOT GUARANTEE THE -- THE BOND.

MR. GOODELL: SO IF WE'RE NOT LIABLE FOR 64 BILLION

IN DEBT, WHY ARE WE ASKING THE TAXPAYERS TO ANTE UP ALL OF THESE FUNDS

TO PAY THE DEBT SERVICE?

MS. WEINSTEIN: BECAUSE WE HAVE VOTED FOR THESE

EXPENDITURES, THIS AUTHORIZATION FOR THE PUBLIC AUTHORITIES IN THE

CAPITAL BUDGET.

MR. GOODELL: OKAY. SO WE'RE ASKING THE

TAXPAYERS TO SPEND WHAT? I THINK THIS HAD $3.5 BILLION IN DEBT SERVICE

FOR DEBT THEY DID NOT APPROVE THAT THE STATE IS NOT LEGALLY OBLIGATED TO

PAY; IS THAT CORRECT?

MS. WEINSTEIN: CORRECT.

MR. GOODELL: AND OF COURSE THE 3.5 BILLION, THAT'S

ALMOST $1 BILLION MORE THAN THE ENTIRE AMOUNT OF OUTSTANDING VOTER-

APPROVED DEBT, RIGHT?

MS. WEINSTEIN: IT -- IT --

MR. GOODELL: I THINK YOU SAID THERE WAS $2.6

NYS ASSEMBLY MARCH 28, 2023

BILLION --

MS. WEINSTEIN: IT WAS 2.6.

MR. GOODELL: -- OF VOTER-APPROVED DEBT AND 3.5

BILLION IN DEBT PAYMENTS. SO WE COULD PAY OFF ALL THE VOTER-APPROVED

DEBT COMPLETELY AND STILL HAVE ALMOST 1 BILLION LEFT, RIGHT?

MS. WEINSTEIN: IF YOU DO THE MATH YOU COME --

COME TO THAT CONCLUSION.

MR. GOODELL: NOW I SAW THE ONE-HOUSE BUDGET

INCLUDED AN ADDITIONAL 2 BILLION OF RECOMMENDED BORROWING TO PAY

PART OF THE UNEMPLOYMENT DEBT THAT MY COLLEAGUE WAS TALKING ABOUT.

MS. WEINSTEIN: CORRECT.

MR. GOODELL: DOES THIS -- ARE WE ENVISIONING

THEN THAT THIS 66.7 BILLION INCLUDES THAT 2 BILLION?

MS. WEINSTEIN: IT DOES NOT -- IT DOES NOT AT THIS

TIME. THAT IS STILL SUBJECT -- SUBJECT TO NEGOTIATION.

MR. GOODELL: AND SO IF THE ONE-HOUSE BUDGET

PROPOSAL IS ACCEPTED, ARE WE ANTICIPATING THEN INCREASING OUR DEBT

FROM 66.7 BILLION TO 68 BILLION?

MS. WEINSTEIN: RIGHT. NO.

MR. GOODELL: AN ADDITIONAL 2 BILLION?

MS. WEINSTEIN: NOT -- NOT AT THIS TIME.

MR. GOODELL: SO WHAT'S HAPPENING TO THE 2

BILLION THAT WAS --

MS. WEINSTEIN: THAT DEBT -- THAT DEBT -- THAT

BOND, THE WAY WE PROPOSED IT IN OUR ONE-HOUSE WOULD BE REPAID BY

NYS ASSEMBLY MARCH 28, 2023

THE BUSINESSES THAT BENEFIT FROM HAVING THAT, THE UNEMPLOYMENT FUND

RESTORED TO LIQUIDITY.

MR. GOODELL: I SEE. SO EVEN THOUGH WE TALKED

ABOUT BORROWING 2 BILLION TO MAKE A PAYMENT TO THE FEDS, THAT 2

BILLION WOULD BE ADDED TO THE REMAINING 6 BILLION SO THAT BUSINESSES

WOULD STILL OWE 8 BILLION?

MS. WEINSTEIN: THAT WAS WHAT WAS IN OUR

ONE-HOUSE -- THE SUBJECT -- THE SUBJECT OF THE UNEMPLOYMENT INSURANCE

DEFICIT IS PART OF THE ONGOING BUDGET NEGOTIATIONS.

MR. GOODELL: OKAY. I WAS ALWAYS A LITTLE

CONFUSED BY THAT BECAUSE IT LOOKED LIKE WE WERE BORROWING ON ONE

CREDIT CARD, IF YOU WILL, TO PAY -- MAKE A PAYMENT ON THE OTHER CREDIT

CARD WITHOUT CHANGING OUR OVERALL DEBT AND THAT'S STILL IN ESSENCE YOUR

UNDERSTANDING.

MS. WEINSTEIN: YES. IF YOU WANT TO PUT IN THOSE

KIND OF TERMS, YES.

MR. GOODELL: THANK YOU VERY MUCH FOR

CLARIFYING THOSE NUMBERS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: MY COLLEAGUE, I VERY MUCH

APPRECIATE HER INSIGHTS AND INFORMATION AS I CERTAINLY APPRECIATE MR.

RA AND HIS STAFF AS WELL FOR DOING A PHENOMENAL JOB ON A COMPLEX

AREA. AND THE REASON WHY I KEPT SAYING IS -- IS THIS DEBT INCURRED BY OR

NYS ASSEMBLY MARCH 28, 2023

ON BEHALF OF THE STATE OF NEW YORK IS BECAUSE OUR CONSTITUTION

PROVIDES THAT QUOTE, "NO DEBT SHALL BE INCURRED' -- I'M SORRY -- "NO DEBT

SHALL HEREAFTER BE CONTRACTED BY OR ON BEHALF OF THE STATE UNLESS THAT

DEBT HAS BEEN APPROVED BY THE VOTERS." CONTRACTED BY OR ON BEHALF OF

THE STATE." AND WE JUST HEARD THAT OF THE 66.7 BILLION ONLY 2.7 BILLION

HAS BEEN APPROVED BY THE VOTERS. AND AS A RESULT, THE OTHER 64 BILLION

LEGALLY HAS NOT BEEN INCURRED OR CONTRACTED FOR BY OR ON BEHALF OF THE

STATE, BUT WE'RE ASKING ALL THOSE VOTERS WHO NEVER HAVE VOTED TO

APPROVE THAT DEBT TO PAY FOR IT. NOW THE STATE CONSTITUTION HAS THIS

LANGUAGE BECAUSE THAT LANGUAGE WAS ADDED WAY BACK IN THE 1800S,

1894, IT WAS A LITTLE BIT BEFORE MY TIME, BUT IT WAS ADDED TO THE STATE

BUDGET BECAUSE OUR FOREFATHERS AND OTHERS WERE PAINFULLY AWARE OF

WHAT HAPPENS WHEN A CURRENT LEGISLATURE BORROWS MONEY, SPENDS

MONEY, TAKES THE POLITICAL CREDIT AND SENDS THE BILL TO THE FUTURE

GENERATIONS TO PAY. THAT LANGUAGE IS IN THERE VERY CLEARLY AND VERY

EXPLICITLY TO PREVENT THE VERY THING WE ARE ASKED TO APPROVE TODAY.

AND THE NUMBERS ARE STARK, RIGHT? WE HAVE 2.6 BILLION THAT'S BEEN

APPROVED BY THE VOTERS. THEN WE'RE ASKING THE VOTERS TO PAY 3.5

BILLION, $1 BILLION MORE FOR OTHER DEBT. WE COULD PAY OFF ALL THE VOTER-

APPROVED DEBT AND HAVE ALMOST $1 BILLION. SO I UNDERSTAND THAT THERE'S

THIS LEGAL LOOPHOLE THAT WE KEEP TRYING TO USE WHERE WE AUTHORIZE SO-

CALLED BACKDOOR BORROWING, WHICH AS MY COLLEAGUE MENTIONED NOW

TOTALS 272 BILLION. NOW THINK ABOUT THAT, 2.6 -- 2.6 APPROVED BY THE

VOTERS, 272 BILLION OUTSTANDING. OUR DEBT BETWEEN THE STATE AND THE

AGENCIES THAT THIS LEGISLATURE OVER TIME HAS APPROVED IS 100 TIMES

NYS ASSEMBLY MARCH 28, 2023

HIGHER THAN WHAT THE VOTERS HAVE APPROVED. A HUNDRED TIMES HIGHER.

THIS IS NOT THE WAY THE CONSTITUTION WAS INTENDED TO BE APPLIED, IT'S

NOT GOOD FISCAL MANAGEMENT AND WE, AS A LEGISLATURE, SHOULD FINALLY

GET THE STRENGTH, THE POLITICAL STRENGTH TO SAY WE'RE GOING TO FUND

PROJECTS AS WE GO, WE'RE GOING TO ASK THE VOTERS FOR APPROVAL IF WE

NEED TO BORROW AND WE'RE NOT GOING TO AUTHORIZE RAMPANT BORROWING

THROUGH THE BACK DOOR WITHOUT VOTER APPROVAL AS WE MOVE FORWARD.

THANK YOU, MR. SPEAKER, AND AGAIN, THANK YOU TO MY COLLEAGUES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED. NOW CERTAINLY THOSE WHO SUPPORT IT

CAN VOTE IN FAVOR HERE ON THE FLOOR OF THE ASSEMBLY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE

OF LEGISLATION. HOWEVER, THERE MAY BE SOME THAT CHOOSE TO BE AN

EXCEPTION. IF THEY'RE IN THE CHAMBER YOU'LL HAVE TO PRESS YOUR BUTTONS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

NYS ASSEMBLY MARCH 28, 2023

(THE CLERK RECORDED THE VOTE.)

MR. SLATER TO EXPLAIN HIS VOTE.

MR. SLATER: THANK YOU, MR. SPEAKER. I WILL BE

SUPPORTING THIS PARTICULAR BUDGET BILL BECAUSE I THINK IT'S IMPORTANT THAT

WE AS A STATE PAY OUR OBLIGATION TO PROTECT OUR -- OUR CREDIT RATING BUT I

THINK AS IT WAS ARTICULATED EARLIER BY MY COLLEAGUES, I THINK WE HAVE TO

PAUSE AND RECOGNIZE THE STAGGERING NUMBERS THAT WE'RE FACING WHEN IT

COMES TO DEBT AS A STATE. OBVIOUSLY THE STATE COMPTROLLER RANKS NEW

YORK STATE AS THE SECOND-MOST INDEBTED ONLY BEHIND CALIFORNIA AND

WHEN LOOKING AT THE PROJECTIONS THEY ARE QUITE STAGGERING. AND SO I

HOPE MOVING FORWARD WE'RE ABLE TO RECOGNIZE THE -- THE POTENTIAL

POSITION WE'RE PUTTING FUTURE GENERATIONS IN WHEN IT COMES TO

SPENDING. I HOPE WE ALSO RECOGNIZE OBVIOUSLY THE IMPACT THAT INFLATION

IS HAVING, AND SO WHEN WE'RE GOING THROUGH THE REST OF THIS BUDGET

PROCESS BEING MORE PRUDENT WITH WHAT WE SADDLE FUTURE GENERATIONS OF

NEW YORKERS WITH SHOULD BE A PRIORITY FOR THIS BODY. THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: MR. SLATER IN THE

AFFIRMATIVE. THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 3, RULES REPORT NO. 115, CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05057-B, RULES

REPORT NO. 115, BORES, WALKER, DINOWITZ, CHANDLER-WATERMAN,

NYS ASSEMBLY MARCH 28, 2023

EICHENSTEIN, GIBBS, GONZ�LEZ-ROJAS, HEVESI, LAVINE, LEE, PAULIN,

PHEFFER AMATO, RAGA, D. ROSENTHAL, ROZIC, SEAWRIGHT, SEPTIMO,

SIMONE, ZACCARO, RA, BRAUNSTEIN, KELLES, BICHOTTE HERMELYN, WEPRIN,

STERN, LEVENBERG, GLICK, SILLITTI. AN ACT TO AMEND THE ELECTION LAW, IN

RELATION TO THE DATES TO FILE A DESIGNATING PETITION; AND PROVIDING FOR

THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. BORES.

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

SHIFTS THE FINAL DAY FOR FILING PETITIONS WHEN YOU'RE RUNNING FOR OFFICE

FROM APRIL 6TH OF THIS YEAR, WHICH IS THE FIRST DAY OF PASSOVER TO APRIL

10TH. IT EXPIRES AT THE END OF THE YEAR AND IT ONLY MAKES A CHANGE TO

PETITIONING THIS YEAR.

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. BORES, WILL YOU

YIELD, SIR?

MR. BORES: I'LL YIELD.

ACTING SPEAKER AUBRY: MR. BORES YIELDS.

MR. NORRIS: I JUST WANT TO ASK A COUPLE CLARIFYING

QUESTIONS ABOUT THE LEGISLATION. FIRST, THE DEADLINE FOR THE ACTUAL

SIGNATURES BEING ON THE PETITION WILL REMAIN THURSDAY, APRIL 6TH; IS

THAT CORRECT?

MR. BORES: THAT'S CORRECT.

NYS ASSEMBLY MARCH 28, 2023

MR. NORRIS: AND THE FILING PERIOD WILL ONLY BE

EXTENDED TO MONDAY, APRIL 10TH; IS THAT CORRECT?

MR. BORES: CORRECT.

MR. NORRIS: VERY GOOD. I JUST HAVE ONE FOLLOW-UP

QUESTION. I JUST WANT TO VERIFY FOR THE LEGISLATIVE RECORD IN CASE THE

COURTS LOOK AT THIS ONE DAY. AS YOU KNOW SOMETIMES THERE ARE A LOT OF

FILINGS AND COURT CHALLENGES. JUST WANT TO VERIFY THAT THE FOLLOWING

CERTIFICATES WILL ALSO BE EXTENDED BY THE OPERATION OF LAW WHICH WOULD

INCLUDE ACCEPTANCE OR DECLINATIONS, AUTHORIZATIONS, WILSON PAKULUS

(PHONETIC) WHICH IS ALSO KNOWN AS WILSON PAKULA SUBSTITUTIONS, AND

ALSO THE DATE FOR -- THE FINAL DATE FOR INSTITUTING JUDICIAL PROCEEDINGS

UNDER ARTICLE 16. ALL OF THEM WILL BE EXTENDED APPROPRIATELY BY THE

OPERATION OF LAW; IS THAT CORRECT?

MR. BORES: CORRECT. IN STATUE THEY ARE ALL TIED TO

THE DAY OF FILING PETITIONS. BECAUSE THIS MOVES THAT DATE, THEY ALL MOVE

AS WELL.

MR. NORRIS: THEY JUST ALL MOVE BY THE OPERATION

OF LAW.

MR. BORES: CORRECT.

MR. NORRIS: THANK YOU VERY MUCH. I APPRECIATE

YOU ANSWERING MY QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. NORRIS: MR. SPEAKER, I AM PLEASED TO SUPPORT

THIS LEGISLATION, PARTICULARLY DUE TO THE PASSOVER PERIOD AND I THINK IT IS

NYS ASSEMBLY MARCH 28, 2023

APPROPRIATE AND I URGE ALL MY COLLEAGUES TO PLEASE VOTE FOR IT. THANK

YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BORES TO EXPLAIN HIS VOTE.

MR. BORES: THANK YOU, MR. SPEAKER. BY A QUIRK

OF THE -- OF THE CALENDAR THIS YEAR, JEWISH CANDIDATES WOULD HAVE ONE

LESS DAY TO FILE PETITIONS. BUT MORE TO THE POINT, JEWISH STAFF OR

VOLUNTEERS OR CONSULTANTS MIGHT BE FORCED TO WORK ON A DAY WHEN THEY

SHOULD BE CELEBRATING A SEDER WITH THEIR FAMILY. AND SO THIS BILL,

WHICH I'M PROUD HAS BIPARTISAN SUPPORT, SIMPLY MOVES THE DATE FOR

FILING PETITIONS THAT HAVE ALREADY BEEN COLLECTED TO WEEKDAYS TO

MONDAY APRIL 10TH SO THAT EVERYONE CAN CELEBRATE A HOLIDAY WITH THEIR

FAMILY WITH THE PERHAPS LONE EXCEPTION OF LEGISLATORS STILL SORTING OUT

THE BUDGET. I APPRECIATE THE BIPARTISAN SUPPORT AND I LOOK FORWARD TO

PASSING THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MR. BORES IN THE

AFFIRMATIVE. DON'T JINX US, MR. BORES.

(LAUGHTER)

ACTING SPEAKER HUNTER: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY MARCH 28, 2023

ACTING SPEAKER HUNTER: THE BILL IS PASSED.

PAGE 4, RULES REPORT NO. 110, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01060-A, RULES

REPORT NO. 110, PAULIN, THIELE, COOK, RIVERA, SEAWRIGHT, DINOWITZ,

BICHOTTE HERMELYN, BARRETT, KELLES, HEVESI, GONZ�LEZ-ROJAS, SILLITTI,

DICKENS, REYES, MAMDANI, ROZIC, EPSTEIN, JACKSON, STECK, L.

ROSENTHAL, CARROLL, BURDICK, SIMON, BURGOS, LUNSFORD, GALLAGHER,

LAVINE, CLARK, GLICK, OTIS, MCDONALD, RAGA, MCMAHON, WALLACE. AN

ACT TO AMEND THE EDUCATION LAW AND THE PUBLIC HEALTH LAW, IN

RELATION TO THE DISPENSING OF SELF-ADMINISTERED HORMONAL

CONTRACEPTIVES.

ACTING SPEAKER HUNTER: AN EXPLANATION HAS

BEEN REQUESTED, MS. PAULIN.

MS. PAULIN: YES, OF COURSE. THE BILL WOULD ALLOW

A LICENSED PHARMACIST TO DISPENSE A NON-PATIENT SPECIFIC ORDER OF SELF-

ADMINISTERED HORMONAL CONTRACEPTIVES WHEN PRESCRIBED BY A

PHYSICIAN, NURSE PRACTITIONER OR THE COMMISSIONER OF HEALTH.

ACTING SPEAKER HUNTER: MS. WALSH.

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

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER HUNTER: WILL THE SPONSOR

YIELD?

MS. PAULIN: ABSOLUTELY.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

MS. WALSH: GREAT, THANK YOU VERY MUCH. SO THIS

NYS ASSEMBLY MARCH 28, 2023

BILL WAS TAKEN UP LAST YEAR LIKE AT 3:00 IN THE MORNING RIGHT AT THE VERY,

VERY END OF SESSION. WE DIDN'T REALLY HAVE A FULL DEBATE SO THIS WILL BE

OUR OPPORTUNITY TO REALLY DO THAT FOR THE FIRST TIME AND REALLY KIND OF

WALK THROUGH THE BILL AND SEE WHAT -- SEE WHAT IT DOES, SEE WHAT IT

DOES. THERE IS A SENATE COMPANION NOW, CORRECT?

MS. PAULIN: YES.

MS. WALSH: THERE IS A -- OKAY, YEP. THAT'S WHAT I

THOUGHT. I WASN'T QUITE SURE WHEN I WAS GOING THROUGH BUT IT LOOKS LIKE

THERE IS. SO THIS BILL ALLOWS LICENSED PHARMACISTS TO DISPENSE SELF-

ADMINISTERED HORMONAL CONTRACEPTIVES LIKE THE PILL, FOR EXAMPLE, LIKE

THE PILL --

MS. PAULIN: RIGHT.

MS. WALSH: THE VAGINAL RING OR THE PATCH; IS THAT

CORRECT?

MS. PAULIN: THAT'S CORRECT.

MS. WALSH: ARE THOSE THE ONLY THREE TYPES OF

SELF-ADMINISTERED CONTRACEPTION THAT'S COVERED BY THE BILL?

MS. PAULIN: I'M AFRAID I'M TOO OLD TO KNOW.

MS. WALSH: WELL, I HAVE A DAUGHTER SO LET ME TELL

YOU WHAT I KNOW.

(LAUGHTER)

FOR EXAMPLE, THERE'S -- THERE'S AN IMPLANT THAT YOU CAN

GET IN YOUR ARM THAT THIS BILL DOESN'T SPEAK TO THAT.

MS. PAULIN: NO. RIGHT.

MS. WALSH: THERE'S A - THERE'S A SHOT, A

NYS ASSEMBLY MARCH 28, 2023

DEPO-PROVERA SHOT. AND OBVIOUSLY AN IUD IS NOT SOMETHING THAT A

PHARMACIST IS GOING TO BE FITTING --

MS. PAULIN: RIGHT.

MS. WALSH: -- THANKFULLY. OKAY. SO NOW, IT

MENTIONS IN THE BILL, IT TALKS ABOUT A NON-PATIENT SPECIFIC ORDER. WHAT

IS THAT? WHAT DOES THAT MEAN?

MS. PAULIN: SURE. SO SOMEONE WHO HAS THE -- THE

ABILITY TO PRESCRIBE UNDER NEW YORK STATE LAW WOULD WRITE A SCRIPT OR

WRITE A -- YOU KNOW, AN INDIVIDUAL SCRIPT WOULD BE IF I WAS THE

PHYSICIAN I WOULD WRITE ONE FOR YOU. A GENERAL NON-PATIENT SPECIFIC

ONE IS I WRITE IT AND GIVE IT TO THE PHARMACIST AND SAY ANYBODY OF THIS

AGE OR THIS -- THIS GENDER OR WHAT HAVE YOU THAT COMES THROUGH YOUR

DOOR I'M WRITING A SCRIPT ON THEIR BEHALF. SO IT'S A GENERAL NON-PATIENT

SPECIFIC SCRIPT.

MS. WALSH: OKAY. SO, AGAIN, JUST FOR THE BENEFIT

OF OUR COLLEAGUES, SO THAT MEANS THAT THE -- THE WOMAN, THE WOMAN

DOES NOT HAVE TO ACTUALLY SEE A NURSE PRACTITIONER OR DOCTOR AND CAN

PHYSICALLY GET A SCRIPT OR HAVE ONE SENT OVER TO THE PHARMACY. THIS

WILL ALLOW A WOMAN OR GIRL TO GO INTO THE PHARMACY AND GET AN ORAL

CONTRACEPTION PATCH OR VAGINAL RING DIRECTLY FROM THAT PHARMACIST; IS

THAT CORRECT?

MS. PAULIN: THAT'S CORRECT.

MS. WALSH: OKAY. SO IN AN EXAMPLE THAT I WAS

THINKING OF IS IT'S KIND OF LIKE THE COVID BOOSTERS, FOR EXAMPLE. YOU

KNOW, WE DIDN'T HAVE TO ACTUALLY GET A SCRIPT FROM OUR DOCTOR, WE COULD

NYS ASSEMBLY MARCH 28, 2023

GO RIGHT IN TO CVS OR WALGREENS OR ANY OF THOSE PLACES AND FILL OUT A

QUESTIONNAIRE, YOU KNOW, ALL THAT STUFF AND RECEIVE COUNSELING, BUT

THEN WE WERE ABLE TO GET IT DIRECTLY AT THE PHARMACY.

MS. PAULIN: THAT'S EXACTLY THE SAME.

MS. WALSH: OKAY, VERY GOOD. SO -- SO IS THERE ANY

AGE REQUIREMENT DISCUSSED IN THE BILL ITSELF?

MS. PAULIN: NO. THAT WOULD BE UP TO THE

PRESCRIBER WHO IS WRITING THE SCRIPT.

MS. WALSH: OKAY, ALL RIGHT. IS THERE ANY

LEGISLATIVE INTENT ABOUT A FLOOR OR IS IT JUST ANY SEXUALLY ACTIVE WOMAN

OR GIRL CAN COME IN AND GET THE ORAL CONTRACEPTION?

MS. PAULIN: AGAIN, IT WOULD BE UP TO THE

PRESCRIBER TO WRITE THE SCRIPT ABOUT WHAT -- THEY COULD WRITE A SCRIPT

THAT SAID ONLY 21 AND OVER. THEY COULD WRITE A SCRIPT THAT SAYS ANY

SEXUALLY ACTIVE AT THE -- AT THE ADMISSION OF THE PERSON COMING IN.

THEY -- THEY -- IT WOULD BE UP TO THEM JUST LIKE THEY WOULD BE WRITING

A SCRIPT, ME THE PHYSICIAN TO YOU.

MS. WALSH: I SAW IN THE BILL THAT THERE ARE -- THE

DEPARTMENT OF HEALTH IS GOING TO GET INVOLVED IN PUTTING FORWARD A

QUESTIONNAIRE AND SOME FACT SHEETS AND THINGS LIKE THAT. IS THERE AN

INTENTION THAT THE DEPARTMENT OF HEALTH COMMISSIONER WILL GET

INVOLVED IN PROVIDING ANY KIND OF GUIDANCE TO THE PHYSICIAN OR THE

NURSE PRACTITIONER THAT WILL BE WRITING THIS NON-PATIENT SPECIFIC ORDER?

MS. PAULIN: IF THEY ALREADY HAVE THE AUTHORITY IN

THE LAW TO WRITE THE ORDER, THEN I WOULD IMAGINE THAT THE

NYS ASSEMBLY MARCH 28, 2023

COMMISSIONER WOULD NOT BE INVOLVED. THERE IS A REQUIREMENT IN THE

BILL FOR THE PHARMACIST TO GO THROUGH AN EDUCATION PROCESS IN ORDER TO

ADMINISTER (INAUDIBLE).

MS. WALSH: I GUESS WHAT I DON'T UNDERSTAND IS -- SO

WHO ARE THESE DOCTORS AND NURSE PRACTITIONERS? IS IT -- DOES CVS OR

WALGREENS CONTRACT OUT WITH A DOCTOR TO DO THAT TO WRITE THAT

NON-PATIENT SPECIFIC ORDER OR WHERE -- YOU KNOW, WHO ARE THEY? WHO

ARE THEY EXACTLY?

MS. PAULIN: SO WE'VE DONE SIMILAR THINGS. WE,

YOU KNOW, UNDER THE LAW FOR NON-PATIENT SPECIFIC AND OFTEN IT DOES FALL

BACK ON THE HEALTH COMMISSIONER WHICH IS WHY THAT'S IN THE CURRENT

BILL TO COVER THOSE PHARMACISTS WHO MAY WANT TO DISPENSE. AND YET,

THEY DON'T KNOW HOW OR THEY DON'T HAVE -- THEY WEREN'T ABLE TO SECURE A

-- A PRESCRIBER. SO THERE IS THAT BACKUP OF THE HEALTH COMMISSIONER

WHO MAY WRITE A GENERAL SCRIPT. AND IF THAT'S NOT BEING DONE, THEIR --

MOST PHARMACISTS HAVE ACTIVE RELATIONSHIPS WITH SO MANY PRESCRIBERS

THAT I -- I CAN'T IMAGINE THAT IT WOULD BE THAT DIFFICULT.

MS. WALSH: OKAY. BUT THE PRESCRIBER AGAIN DOES

NOT NEED TO HAVE A -- A PHYSICIAN/PATIENT RELATIONSHIP WITH THAT -- OOPS,

SORRY -- WOMAN OR GIRL THAT'S WALKING IN TO GET THE OVER-THE-COUNTER

BIRTH CONTROL.

MS. PAULIN: THAT'S CORRECT.

MS. WALSH: OKAY. SO INTERESTING TO ME THAT THE

BILL KEPT REFERRING TO THE PATIENT, BUT WHOSE PATIENT IS SHE? YOU KNOW,

WHEN I GO TO MY CVS AND -- AND GET THINGS IN THERE I'M A CUSTOMER.

NYS ASSEMBLY MARCH 28, 2023

I'M GETTING -- I'M GETTING ITEMS AT -- AT THE PHARMACY AND I DON'T

CONSIDER MYSELF TO HAVE -- ARE WE CREATING A -- A PHARMACIST/PATIENT

RELATIONSHIP? IS THAT THE -- IS THAT THE PATIENT?

MS. PAULIN: I THINK WE WERE SAYING A NON-PATIENT

SPECIFIC SCRIPT BECAUSE A SCRIPT IS USUALLY -- I MEAN IT STILL IS A PATIENT

TO THE PRESCRIBER. YOU KNOW, THAT'S THE RELATIONSHIP. YOU KNOW, THE

PRESCRIBERS ACTUALLY SAYING YOU WHO ARE COMING IN ARE MY PATIENT.

AND I THOUGH DON'T NEED TO SEE YOU AS YOU SAY, BUT I WANT TO ALLOW YOU

TO YOU GET THIS MEDICATION.

MS. WALSH: SO IT'S LIKE THIS ANONYMOUS NURSE

PRACTITIONER OR PHYSICIAN THAT'S DOING THIS, THOUGH, BUT DOESN'T KNOW

THE NUMBER OF WOMEN OR THE HISTORIES OF THESE WOMEN OR ANYTHING

ABOUT THESE WOMEN, IT'S JUST A BLANKET. IT'S ALMOST LIKE IT'S COVERING THE

-- THE PHARMACISTS WITHIN THE -- THE PHARMACY THAT ARE DOING THE

DISPENSING IT SEEMS TO ME, BECAUSE THERE'S NOTHING IN THE BILL THAT

REQUIRES AT ANY TIME THAT THE GIRL OR WOMAN GO BACK TO OR GET A SCRIPT

LATER FROM A PHYSICIAN OR EVER SEE A PHYSICIAN ON THIS ISSUE, RIGHT? SHE

COULD -- SHE COULD JUST KEEP COMING BACK OVER-THE-COUNTER AND JUST

CONTINUING TO GET A SUPPLY OF WHATEVER BIRTH CONTROL SHE'S GETTING AND A

DOCTOR NEVER HAS TO SEE HER; ISN'T THAT RIGHT?

MS. PAULIN: SO THAT -- THAT'S CORRECT. AND THAT WAS

AT THE STRONG ADVOCACY OF ACOG, WHICH ARE THE PHYSICIANS THAT WE'RE

TALKING ABOUT HERE. YOU KNOW, THE AMERICAN COLLEGE OF OBSTETRICIANS

AND -- AND GYNECOLOGISTS. AND THEY BELIEVE STRONGLY THAT THE RISK OF

PREGNANCY IS SO MUCH FAR GREATER THAN THE RISK OF ANY BIRTH CONTROL

NYS ASSEMBLY MARCH 28, 2023

METHOD THAT WE'RE ALLOWING THAT THEY BELIEVE THAT THIS WILL SAVE LIVES.

SO THAT'S WHY WE -- AT THEIR STRONG ADVOCACY, WE ORGANIZED IT THIS WAY.

MS. WALSH: OKAY, VERY GOOD. NOW THERE'S A

NOTIFICATION PROCESS. COULD YOU JUST -- THAT THE BILL REQUIRES AS FAR AS

THE GIRL OR WOMAN AND IF SHE HAS A PHYSICIAN OR NURSE PRACTITIONER OR

FAMILY PRACTICE OR WHATEVER, THERE'S A NOTIFICATION REQUIREMENT. COULD

YOU JUST RUN THROUGH THAT AS FAR AS WHAT THE BILL REQUIRES IN TERMS OF

NOTIFICATION?

MS. PAULIN: SO I HAVE TO REMEMBER.

MS. WALSH: OKAY.

MS. PAULIN: CAN YOU JUST POINT ME THE SENTENCES,

YOU KNOW.

MS. WALSH: I'M SORRY?

MS. PAULIN: I SEE. A PHARMACIST SHALL NOTIFY THE

PATIENT'S PRIMARY HEALTH CARE PRACTITIONER UNLESS THE PATIENT OPTS OUT OF

SUCH NOTIFICATION. SO -- SO I THINK THAT ON ITS FACE IS, YOU KNOW, WHAT

WE LANDED ON. AGAIN, THAT WAS AT THE STRONG ADVOCACY OF THE -- OF THE

DOCTORS INVOLVED OR THE DOCTORS THAT WERE ADVOCATING FOR THIS. THEY

ACTUALLY BELIEVE IT SHOULD BE OVER-THE-COUNTER. THIS IS ONE STEP FROM

THAT. AND THEIR -- AGAIN, THEIR BELIEF COMES DOWN TO THE FACT THAT THESE

-- THESE METHODS OF BIRTH CONTROL ARE -- HAVE MINIMUS RISK AND

THEREFORE WE SHOULD BE ALLOWING FOR THAT RELATIONSHIP. SO THE -- THE

THOUGHT WAS THAT, YOU KNOW, IF -- IF SOMEBODY COMES IN AND IT'S

CONVENIENT, IT'S EASIER FOR THAT PERSON TO HAVE THE PHARMACIST NOTIFIED,

BUT IF SOMEONE DOESN'T WANT THAT NOTIFICATION TO TAKE PLACE. LIKE, FOR

NYS ASSEMBLY MARCH 28, 2023

EXAMPLE, IN A SITUATION OF DOMESTIC VIOLENCE --

MS. WALSH: MM-HMM.

MS. PAULIN: -- OR A SITUATION WHERE YOU ARE

INTIMIDATED BY YOUR PARENTS OR YOUR -- YOUR BOYFRIEND. YOU -- YOU

WOULDN'T HAVE TO BE SENDING THAT NOTICE BECAUSE THERE WOULD BE A

CONCERN THAT THAT INFORMATION WOULD BE REVEALED.

MS. WALSH: YEP. OKAY. I WANT TO GO BACK A

MINUTE TO THE IDEA OF THESE SCRIPTS THAT ARE GOING TO BE ISSUED. ARE

THEY -- CAN THEY VARY BY REGION THEN, BECAUSE YOU'RE GOING TO HAVE

DIFFERENT DOCTORS AND NPS, NURSE PRACTITIONERS AROUND THE STATE, WE LIVE

IN A BIG STATE. COULD THEY VARY BY REGION?

MS. PAULIN: THEY COULD, AND THAT'S WHY WE HAVE

AS THE BACKUP THE HEALTH COMMISSIONER, BECAUSE THIS WAY THEY COULD

HAVE A UNIFORMITY THAT WAS DONE AT THAT LEVEL. YOU KNOW, IF WE SEE

EITHER AREAS THAT DON'T HAVE THE ABILITY FOR WOMEN TO HAVE THIS ACCESS OR

WE SEE THAT INCONSISTENCY, THE HEALTH COMMISSIONER COULD WRITE A

SCRIPT TO GIVE THAT UNIFORMITY.

MS. WALSH: OKAY, ALL RIGHT. AND HOW WOULD WE

FIND THAT OUT? THERE'S GOING TO BE DATA COLLECTED ABOUT --

MS. PAULIN: I IMAGINE THAT THIS WILL BE SOMETHING

THAT PROVIDERS AND THE -- THE COMMUNITY THAT'S OF MOST INTEREST, WHICH

ARE THE WOMEN, ARE GOING TO BE DIVULGING THIS INFORMATION SO IF THAT --

THERE'S AN INCONSISTENCY, I BET YOU EVERYONE HERE WILL KNOW THAT.

MS. WALSH: OKAY, OKAY. SO ONE REGION THEN

AROUND THE STATE COULD HAVE A SCRIPT OR SCRIPTS THAT ARE COMPLETELY

NYS ASSEMBLY MARCH 28, 2023

SILENT AS TO AGE.

MS. PAULIN: THEY COULD.

MS. WALSH: THEY COULD, OKAY. VERY GOOD. SO --

SO YOU TALKED A LITTLE BIT ABOUT THE OPTING OUT PROCESS AND I -- I CAN

APPRECIATE THAT IN THAT CIRCUMSTANCE. WE -- THAT -- WE HAVEN'T HAD --

WE DIDN'T HAVE THAT, FOR EXAMPLE, FOR LIKE THE COVID VACCINE. THERE

WAS NOTIFICATION BACK TO YOUR PHYSICIAN. THERE WAS NO -- THERE WAS NO

OPT-OUT PROCESS ABOUT THAT, BUT I APPRECIATE YOUR EXPLANATION AS TO WHY

THAT MIGHT BE. SO IT SAYS IN THE BILL THAT THE PHARMACISTS CAN REFUSE TO

DISPENSE IF IN HIS OR HER PROFESSIONAL JUDGMENT BELIEVES ADVERSE --

POTENTIAL ADVERSE EFFECTS DUE TO INTERACTIONS WITH OTHER THERAPEUTIC

COMPLICATIONS COULD ENDANGER THE HEALTH OF THE PATIENT. MY QUESTION

IS HOW -- HOW EVER WOULD THE PHARMACIST KNOW THAT? I MEAN LIKE FOR

EXAMPLE, LIKE A CLOTTING DISORDER OR IF THE PATIENT HAS A HISTORY OF

FIBROIDS. I MEAN YOU'RE -- YOU'RE NOT -- THE PHARMACIST IS NOT GOING TO

HAVE A -- A PORTAL TO GET THAT PATIENT'S FULL RECORD, RIGHT? THIS IS BASED

SOLELY ON SELF-REPORTING OF THE WOMAN WHEN SHE WALKS IN. SHE'S GOING

TO SAY WHAT HER HEALTH HISTORY IS AND THERE'S NO VERIFICATION THAT'S --

THAT'S BEING REQUIRED OF THE PHARMACIST, RIGHT?

MS. PAULIN: SO I WOULD SUGGEST THAT, YOU KNOW,

PHARMACISTS UNLIKE ANY OTHER HEALTH PROFESSIONAL HAS MORE BACKGROUND

IN TRAINING ON DRUGS AND HOW THEY -- HOW THEY REACT TO ONE ANOTHER.

AND OFTEN FRANKLY ARE THE INFORMATION PORTAL FOR, YOU KNOW, FOR

PRESCRIBERS. PRESCRIBERS OFTEN RELY ON PHARMACISTS TO GIVE THEM THE

VERY INFORMATION THAT THESE WOMEN WOULD HAVE ACCESS TO ON A VERY

NYS ASSEMBLY MARCH 28, 2023

IMMEDIATE LEVEL. SO I DON'T -- I DON'T -- I THINK THAT THEY'RE ACTUALLY IN

THE BEST HANDS WHEN A PHARMACIST IS DISPENSING THIS DRUG BECAUSE THE

PHARMACIST IS SO KNOWLEDGEABLE ABOUT HOW DRUGS REACT TO ONE ANOTHER.

MS. WALSH: SURE. AS FAR AS DRUG REACTIONS, FINE,

BUT THERE'S NO REQUIREMENT HERE THAT THE GIRL OR THE WOMAN GO TO HER

REGULAR PHARMACY. SHE CAN GO TO ANY PHARMACY, RIGHT? I MEAN SHE

CAN GO --

MS. PAULIN: YES.

MS. WALSH: SHE CAN BE VISITING IN ANOTHER PART OF

THE STATE AND GO INTO A PHARMACY AND BE ABLE TO GET -- WHERE THE

PHARMACIST THAT DOESN'T EVEN KNOW HER NAME, DOESN'T KNOW HER AT ALL,

DOESN'T KNOW HER HISTORY OR HAVE ANY RECORD IN THE -- IN THE -- IN THEIR

OWN DATABASE OF OTHER MEDICATIONS THAT SHE MIGHT BE TAKING OR ANY

CONTRAINDICATIONS. THE PHARMACIST REALLY I -- I BELIEVE IS -- IS KIND OF

OPERATING KIND OF BLIND HERE - AND I HAVE EVERY RESPECT FOR PHARMACISTS

AND THEIR ABILITY TO ASK REALLY IMPORTANT QUESTIONS AND PERTINENT

QUESTIONS, BUT IT'S -- IT'S ONLY AS GOOD AS THE INFORMATION THAT THE

PHARMACIST IS GOING TO BE GETTING FROM -- FROM THE WOMAN THAT WANTS

THE BIRTH CONTROL.

MS. PAULIN: SO I'M -- I'M -- I'M HEARING YOUR

POINT. I THINK THOUGH, HOWEVER, THE PHARMACIST BECAUSE THEY ARE GOING

TO BE REQUIRED TO TAKE A COURSE IN THIS BEFORE THEY ARE ALLOWED TO BE

PART OF THIS PROGRAM WOULD GET THAT EDUCATION ABOUT THOSE SPECIFIC

THINGS THAT THEY SHOULD BE LOOKING FOR. THE -- THE PHYSICIANS THAT ARE --

HELPED ADVANCED THIS IDEA DIDN'T THINK THERE WERE ANY OR THAT THERE

NYS ASSEMBLY MARCH 28, 2023

WERE ANY, IF ANY, KINDS OF SITUATIONS. SO -- SO -- SO I WOULD IMAGINE,

THOUGH, IF THERE ARE ANY, THE PHARMACIST WOULD LEARN ABOUT THEM AND

THEN BE ABLE TO ASK THOSE DIRECT QUESTIONS, JUST LIKE IF THE YOUNG

WOMAN OR OTHER MORE SENIOR WOMEN WENT TO A PLANNED PARENTHOOD OR

ANOTHER PROVIDER THAT WAS ALSO UNFAMILIAR WITH THEIR HEALTH

BACKGROUND. SO I DON'T KNOW THAT THERE'S REALLY A DIFFERENCE HERE AS

LONG AS WE EDUCATE THE PHARMACISTS ABOUT WHAT THOSE QUESTIONS SHOULD

BE AND -- AND THESE WOMEN ARE THEN GOING TO SELF-REPORT AS THEY WOULD

TO ANOTHER MORE ANONYMOUS SITUATION LIKE A PLANNED PARENTHOOD

PROVIDER, WHICH IS NO ONE'S QUESTIONING THEIR ABILITY TO GIVE THESE OUT.

MS. WALSH: OKAY. I THINK MY FIRST TIME HAS

ELAPSED. I THINK I'M GOING TO GO AHEAD AND TAKE THE SECOND, PLEASE.

THANK YOU.

SO YOU SAID EARLIER SOMETHING INTERESTING, YOU SAID

THAT THIS -- THAT A LOT OF THE DOCTORS FELT THAT THIS SHOULD JUST BE SIMPLY

OVER-THE-COUNTER, BUT THAT THIS IS LIKE ONE STEP AWAY FROM THAT. ISN'T IT

REALLY? ARE WE REALLY? THIS IS ESSENTIALLY OVER-THE-COUNTER, RIGHT,

BECAUSE THERE'S NO -- WHAT'S THE DIFFERENCE BETWEEN -- IT SEEMS LIKE IF

THERE IS A STEP IT'S AN EXTREMELY SMALL STEP AWAY FROM OVER-THE-COUNTER.

MS. PAULIN: OUT-PATIENT SPECIFIC SCRIPTS WOULD BE

BEHIND THE COUNTER SO THAT'S THE ONLY DIFFERENCE. BUT THE ACCESS WOULD

BE HOPEFULLY THE SAME UNLESS SOMEONE WAS INTIMIDATED BY ACTUALLY

REQUESTING IT AT THE DESK OF THE PHARMACIST.

MS. WALSH: ALL RIGHT, VERY GOOD. THANK YOU SO

MUCH TO THE SPONSOR.

NYS ASSEMBLY MARCH 28, 2023

MADAM SPEAKER ON THE BILL.

ACTING SPEAKER HUNTER: ON THE BILL.

MS. WALSH: THANK YOU. SO, FIRST OF ALL, YOU KNOW,

LET ME SAY THAT I AGREE WITH THE -- THE OVERALL GOAL OF TRYING TO REDUCE

THE NUMBER OF UNWANTED PREGNANCIES, RIGHT? I MEAN I AGREE WITH THAT

BECAUSE I THINK THAT THE FEWER UNWANTED PREGNANCIES WE HAVE, THE

FEWER ABORTIONS WE'RE GOING TO BE REQUIRING OR NEEDING IN THE STATE AND

-- AND -- AND I'M OPPOSED TO ABORTION. I THINK -- I WORRY ABOUT THIS BILL

FOR A COUPLE OF REASONS, AND I THINK THAT HOPEFULLY MY QUESTIONING KIND

OF TOLD YOU WHAT THEY WERE BUT LET ME GO OVER THEM AGAIN. I THINK THAT

I'M OKAY WITH THE PHARMACIST GIVING ME A FLU SHOT, I AM. I'M OKAY

WITH A PHARMACIST GIVING ME A COVID BOOSTER, BUT WHEN WE GET INTO

SOMETHING LIKE CONTRACEPTION, THERE -- THERE ARE A LOT OF VARIABLES THAT

NEED TO BE CONSIDERED. I COMPLETELY APPRECIATE WHAT THE SPONSOR IS

SAYING ABOUT -- AND I TALKED -- I SPOKE WITH MY SISTER WHO'S A NURSE

PRACTITIONER, RIGHT, AND THERE IS A BODY OF THOUGHT IN THE MEDICAL WORLD

THAT SAYS IF A -- IF A YOUNG GIRL IS SEXUALLY ACTIVE AND IS -- AND IS

PRESENTING HERSELF WITH A DESIRE TO -- TO PREVENT AN UNWANTED

PREGNANCY, YOU GET THAT GIRL SOME CONTRACEPTION, I TOTALLY UNDERSTAND

THAT. BUT WHEN WE'RE TALKING ABOUT A RISK VERSUS A BENEFIT, I THINK THAT

THERE ARE OTHER WAYS THAT THIS BILL COULD HAVE BEEN CRAFTED WHICH

WOULD'VE PROBABLY YIELDED A FEW MORE YES VOTES OVER ON MY SIDE OF

THE AISLE AND I'D JUST LIKE TO KIND OF PUT THESE OUT THERE FOR SOME

THOUGHT. I THINK THAT WHEN A YOUNG WOMAN BECOMES SEXUALLY ACTIVE, I

THINK THAT'S A REAL TOUCH-POINT IN HER -- IN HER -- KIND OF HER HEALTH

NYS ASSEMBLY MARCH 28, 2023

JOURNEY. I THINK THAT THAT IS, GENERALLY SPEAKING, I KNOW IT WAS TRUE IN

-- IN MY FAMILY AND WITH MY CHILDREN, THAT'S -- THAT'S THE TIME THAT YOU

SCHEDULE THAT FIRST APPOINTMENT TO GO SEE A -- A FAMILY PRACTITIONER

WHETHER IT'S A NURSE PRACTITIONER, WHETHER IT'S A DOCTOR AND GET THAT

INITIAL WORKUP, YOU KNOW, GET THAT INITIAL WORKUP, HAVE A DISCUSSION

ABOUT STDS, HAVE A DISCUSSION ABOUT WHAT SAFE SEX LOOKS LIKE, TAKE A

FULL HISTORY OF THAT GIRL, DO -- DO AN EXAM, IF APPROPRIATE. I THINK THAT I

WOULD BE MORE SUPPORTIVE OF A BILL THAT WAS -- WOULD HAVE THE YOUNG

PERSON GO TO A -- A HEALTH PRACTITIONER FIRST, AND THEN IF THEY NEEDED

REFILLS AT -- YOU KNOW, OR REFILLS HAD EXPIRED, GIVE THE PERMISSION TO GET

THAT EXTRA SIX MONTHS OR THREE MONTHS UNTIL THEY COULD GO BACK TO THEIR

DOCTOR. OKAY. I GET THAT. YOU DON'T WANT TO -- YOU DON'T WANT TO

DISRUPT BIRTH CONTROL AS IT'S BEING TAKEN. I THINK THAT -- I THINK A WOMAN

OF CHILDBEARING YEARS SHOULD BE SEEN AT LEAST ONCE A YEAR BY A DOCTOR

AND I THINK WHAT -- WHAT TROUBLES ME ABOUT THIS BILL AND I AM -- I AM

HONESTLY ASTOUNDED THAT THE MEDICAL SOCIETY HAS TAKEN NO POSITION ON IT

AND THAT THE OBGYNS ARE IN FAVOR OF IT. I MEAN I GUESS THEY'RE SEEING

THE RISK BENEFIT DIFFERENTLY THAN I DO CERTAINLY, BUT THERE ARE A LOT OF

GAPS AND HOLES IN THE WAY THAT THIS BILL HAS BEEN CREATED. YOU KNOW,

FORTHCOMING RULES AND REGULATIONS PROVIDE LITTLE ASSURANCES ABOUT

WHETHER THE BILL'S INTENT WILL BE CARRIED OUT SAFELY AND ETHICALLY AND IN

A MEDICALLY-APPROPRIATE MANNER. AND I'M VERY TROUBLED BY THE FACT

THAT WE COULD HAVE DISCREPANCIES ACROSS THE STATE OF AN AGE

REQUIREMENT. AND THERE'S NO PARENTAL CONSENT, OH, MY GOODNESS,

THERE'S NO PARENTAL CONSENT AT ALL THAT'S REQUIRED IN THIS BILL. AND I

NYS ASSEMBLY MARCH 28, 2023

THINK THAT THERE ARE A LOT OF PARENTS THAT ARE GOING TO BE UNHAPPY ABOUT

THAT. YOU KNOW, WE HAD -- WE HAD 42 NO VOTES LAST YEAR WHEN WE TOOK

THIS UP IN THE DEAD OF THE NIGHT. IT WAS PROBABLY A PARTY VOTE, I WOULD

IMAGINE. THE CONSERVATIVE PARTY DOES OPPOSE IT AND -- AS WELL AS THE

CATHOLIC CONFERENCE. I THINK THAT THIS BILL COULD -- THERE'S -- THERE'S A

GRAIN OF REAL TRUTH IN THIS BILL. I THINK THAT I CAN APPRECIATE IT BUT I THINK

THE WAY THAT IT'S WORDED RIGHT NOW I CAN'T -- I CAN'T SUPPORT IT IN THE

CURRENT FORMAT. I THINK THERE ARE MORE REASONABLE GUARDRAILS THAT COULD

BE PUT ON IT THAT WILL -- THAT WOULD BE A LOT -- A LOT MORE SAFE. SO, FOR

THOSE REASONS I'M NOT GOING TO BE ABLE TO SUPPORT IT IN ITS CURRENT FORM

BUT I THANK THE SPONSOR FOR HER ANSWERS TO MY QUESTIONS.

ACTING SPEAKER HUNTER: MR. ANGELINO.

MR. ANGELINO: THANK YOU, MADAM SPEAKER.

WILL THE SPONSOR FROM THE 88TH DISTRICT YIELD?

ACTING SPEAKER HUNTER: MS. PAULIN, WILL

YOU YIELD?

MS. PAULIN: YES.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

MR. ANGELINO: THANK YOU, MA'AM. YOU WOULD

THINK AFTER I SAT HERE LISTENING INTENTLY TO MY LEARNED COLLEAGUE ASKING

ALL THESE QUESTIONS AND I FEEL LIKE AN INTERLOPER NOW JOINING IN BUT AS

THE DEBATE WAS GOING BACK AND FORTH IT RAISED SOME OTHER QUESTIONS.

FIRST OFF, PROBABLY A PRETTY EASY ONE. THIS IS EDUCATION LAW ONLY

BECAUSE OF THE LICENSING, THE (INAUDIBLE) AGENCY?

MS. PAULIN: YEAH.

NYS ASSEMBLY MARCH 28, 2023

MR. ANGELINO: OKAY. BECAUSE I WAS CONFUSED

EASILY BY YOU BEING HEALTH CHAIR.

MS. PAULIN: YES.

MR. ANGELINO: THANK YOU. SO WHAT PREVENTS A

YOUNG WOMAN FROM GETTING THIS SCRIPT OVER-THE-COUNTER AND THEN GOING

TO ANOTHER PHARMACY AND GETTING ANOTHER OVER-THE-COUNTER AND GIVING

IT TO SOMEONE ELSE?

MS. PAULIN: NOTHING.

MR. ANGELINO: OKAY, BECAUSE WE WENT THROUGH

THIS ONCE BEFORE AND WE PUT INTO PLACE THE -- THE OPIOID REGISTRY FOR

PHARMACIES. IS THAT SOMETHING THAT WE SHOULD WORRY ABOUT WITH THIS OR

IS THIS...

MS. PAULIN: I HAVEN'T HEARD THAT TAKING MORE OF

THESE PILLS HELPS YOU PREVENT A PREGNANCY MORE THAN TAKING ONE OF

THESE PILLS. IF SOMEONE WENT IN AND WANTED TO GET IT FOR A FRIEND OR A

RELATIVE, I THINK THAT JUST AS IF IT WAS OVER-THE-COUNTER AS ACOG

SUPPORTS, THAT WOULD BE A POSSIBILITY AND PROBABLY WOULD BE ONE THAT

EVERYBODY WHO DOES SUPPORT THE BILL WOULD CHEER.

MR. ANGELINO: SO HOW MUCH WOULD THIS COST AT

AN AVERAGE PHARMACY? I -- I DON'T KNOW AND THAT'S WHY --

MS. PAULIN: WOULD COST?

MR. ANGELINO: YEAH. IS THERE A COST INVOLVED IN

THIS? SOMEBODY'S GOING TO HAVE TO GIVE THE PHARMACY MONEY?

MS. PAULIN: SO I KNOW THAT IN THE GOVERNOR'S BILL

THERE IS A PROVISION THAT WOULD ALLOW THE PHARMACIST TO ACTUALLY

NYS ASSEMBLY MARCH 28, 2023

PRESCRIBE, WHICH IS NOT SOMETHING THAT IN NEW YORK WE HAVE DONE YET.

SO UNDER THAT SCENARIO THERE WAS A FEE THAT WAS ATTACHED AND THE -- AND

THE PHARMACIST WOULD BE REIMBURSED, BUT WE HAVEN'T INCLUDED THAT IN

THE BILL.

MR. ANGELINO: OKAY. AND AS I WAS LISTENING

BACK AND FORTH THERE WAS DISCUSSION ABOUT THE PRESCRIPTION. EXPLAIN

THIS TO ME LIKE I'M FIVE YEARS OLD. THIS IS AN OPEN PRESCRIPTION. SO

SOME DOCTOR -- IS IT A ONE-FOR-ONE? ONE DOCTOR PER PRESCRIPTION OR

DOES ONE DOCTOR OR NURSE PRACTITIONER WRITE A SCRIPT TO THE DRUGSTORE

THAT THEY CAN GIVE IT OUT UNLIMITED.

MS. PAULIN: SO WE HAVE A LOT OF MODELS FOR THIS

ALREADY. YOU KNOW, FOR EXAMPLE, NURSES DON'T PRESCRIBE. SO WHEN YOU

WANT A -- AND YOU HAVE A PUBLIC HEALTH CRISIS LIKE WE JUST RECENTLY HAD

AND YOU WANT MORE PEOPLE TO ACTUALLY ADMINISTER OR DISPENSE THE

DRUGS, THE PRESCRIBER DOES A SCRIPT THAT WOULD AUTHORIZE THAT ROUTE. SO,

FOR EXAMPLE, IF IT WAS A CLINIC, THE PHYSICIAN COULD WRITE A SCRIPT AND

SAY EVERY NURSE, YOU KNOW, IN THE CLINIC CAN GIVE THE COVID SHOT.

EVERY NURSE IN THE CLINIC COULD DISPENSE BIRTH CONTROL PILLS. SO, YOU

KNOW, IT'S -- IT'S SPECIFIC TO WHATEVER THE PRESCRIBER WRITES, BUT -- BUT IT

COULD BE AS GENERAL AS EVERYONE WHO WALKS IN THE DOOR OF THE

PHARMACY CAN GET THIS -- CAN GET THIS MEDICATION OR DRUG.

MR. ANGELINO: OKAY, THANK YOU SO MUCH.

MADAM SPEAKER, MAY I GO ON THE BILL, PLEASE.

ACTING SPEAKER HUNTER: ON THE BILL, SIR.

MR. ANGELINO: WELL, THANK YOU VERY MUCH TO THE

NYS ASSEMBLY MARCH 28, 2023

-- TO THE SPONSOR OF THIS FOR ANSWERING THESE QUESTIONS AND BEING

PATIENT WITH ME. IT BOTHERS ME THAT THERE IS NO AGE LIMITATION ON THIS.

BUT IF THERE IS A YOUNG LADY 13, 14, 15 YEARS OLD THAT'S BOLD ENOUGH TO

GO TO A DRUGSTORE ASKING FOR A CONTRACEPTIVE, THERE'S PROBABLY GOOD

REASON AND THAT -- THAT PERSON PROBABLY NEEDS IT. THERE IS THE OPT-OUT

PROVISION THAT I DON'T KNOW IF THAT'S GOING TO HELP A PARENT BE ALERTED TO

THIS, BUT PARENTAL RIGHTS IN THIS REALLY NEEDS TO BE CONSIDERED. OVERALL

THERE IS A CRISIS GOING ON AND THE CRISIS IS THERE'S MORE PEOPLE, MORE

CHILDREN BEING ABORTED IN NEW YORK CITY THAN ARE BEING BORN AND

THAT'S THE CRISIS THAT NEEDS TO BE CHANGED. AND IF WE COULD PREVENT THE

PREGNANCY TO BEGIN WITH BY CONTRACEPTIVE NO MATTER WHAT THE AGE, I

URGE MY COLLEAGUES TO THINK ABOUT THIS. IF YOU'RE REALLY THAT MUCH PRO

LIFE, MAYBE WE SHOULD START RIGHT WHERE IT STARTS. AND I'M DEBATING IN

MY OWN MIND HOW I AM GOING TO VOTE ON THIS BUT I AM PRO LIFE AND THIS

WILL END A LOT OF NEEDLESS ABORTIONS. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER HUNTER: THANK YOU.

MS. GLICK.

MS. GLICK: THANK YOU, MADAM SPEAKER. BRIEFLY,

THE ISSUE IS WHETHER OR NOT YOU PREVENT AN UNINTENDED PREGNANCY OR

SOMEBODY HAS AN INTENDED PREGNANCY WITH FOR MANY PEOPLE MANY

MORE COMPLICATIONS. SO THIS IS WHY THE HEALTH CARE PROFESSIONALS WHO

ARE OBSTETRICIANS AND GYNECOLOGISTS FULLY SUPPORT THIS BECAUSE THEY

UNDERSTAND THAT AN UNINTENDED PREGNANCY IS MORE DANGEROUS THAN ANY

OF THE CONTRACEPTIVES THAT ARE ON THE MARKET. WE ALSO ALLOW FOR SOME

ADDITIONAL TRAINING TO A PHARMACIST, BUT WE -- WE ALLOW PHARMACISTS

NYS ASSEMBLY MARCH 28, 2023

NON-PATIENT SPECIFIC PRESCRIPTIONS FOR A LOT OF THINGS LIKE A SHINGLES

VACCINE, WHICH CAN HAVE ALL SORTS OF SIDE EFFECTS, THE SECOND SHOT IN

PARTICULAR. BUT, GENERALLY SPEAKING, YOU CAN GO TO ANY PHARMACY AND

GET A VACCINATION AND THEY DO BECAUSE THEY ARE PROFESSIONALS THAT HAVE

A LICENSE AND TRAINING, THEY DO ASK YOU VARIOUS QUESTIONS EVEN THOUGH

THEY NEVER CLAPPED AN EYE ON YOU BEFORE. SO THE NOTION THAT SOMEHOW

A YOUNG PERSON OR AN OLDER PERSON GOES IN AND GETS CONTRACEPTIVES IS

SOMEHOW DIFFERENT FROM WHAT WE'VE BEEN DOING AND IN SOME WAY IS

DANGEROUS IS JUST A MISGUIDED NOTION. PHARMACISTS ARE LICENSED

PROFESSIONALS. THEY KNOW WHAT THEY ARE DOING. THEY ARE CAPABLE OF

PROVIDING THE MEDICATION ALMOST OVER-THE-COUNTER WITH THE QUESTIONS

THAT THEY WILL ASK BECAUSE THAT'S PART OF THE TRAINING. SO, THIS IS AN

OVERDUE MEASURE. IT'S WHAT HAPPENS IN COUNTRIES ALL OVER THE PLACE.

THE NOTION THAT AGAIN, LEGISLATORS, WE MAY BE HAVING MORE ABORTIONS IN

THIS STATE BECAUSE THERE ARE LEGISLATORS IN OTHER STATES WHO'VE DECIDED

THAT THEY'RE GOING TO INTERFERE WITH THE ACCESS TO MEDICAL ATTENTION FOR

PEOPLE IN THEIR OWN STATES AND SO PEOPLE ARE FORCED TO COME HERE. SO I

THINK THIS IS A LONG OVERDUE STEP AND ONE THAT WILL BE POSITIVE FOR SOME

MEMBERS OF OUR STATE AND WILL IN FACT REDUCE OTHER NECESSARY MEDICAL

TREATMENT OF -- THAT COULD BE MORE COMPLICATED FOR PEOPLE, ESPECIALLY

YOUNG PEOPLE AND WE KNOW THAT PEOPLE ARE SEXUALLY ACTIVE. THEIR

PARENTS MAY NOT LIKE IT BUT SOME OF THEIR PARENTS ARE PARENTS BECAUSE

THEY WERE SEXUALLY ACTIVE BEFORE THEY WERE MARRIED. SO SOMEHOW

THERE'S A LITTLE BIT OF -- OF FORGETTING WHO WE WERE WHEN WE WERE

YOUNG. SO I THINK IT'S A GREAT BILL AND LOOK FORWARD TO ITS PASSAGE.

NYS ASSEMBLY MARCH 28, 2023

THANK YOU.

ACTING SPEAKER HUNTER: MR. MCDONALD.

MR. MCDONALD: ON THE BILL.

ACTING SPEAKER HUNTER: ON THE BILL.

MR. MCDONALD: WELL, FIRST OF ALL, I WANT TO THANK

MY COLLEAGUE FOR SPONSORING THIS LEGISLATION AND I THINK SHE DID A

REMARKABLE JOB ANSWERING THE QUESTIONS THAT MY OTHER COLLEAGUES HAVE

ASKED WHICH ARE GOOD QUESTIONS ASKED AND I DON'T DEBATE THAT BY ANY

STRETCH. BEING ACTUALLY ONE OF THE FEW PHARMACISTS, I THOUGHT MAYBE I

CAN BUILD UPON SOME OF MEMBER PAULIN'S COMMENTS. FIRST OF ALL, FOR

THE LAST 18 YEARS EVERY PHARMACIST WHO GRADUATED THROUGHOUT THE STATE

OF NEW YORK IS GRADUATING WITH A PHARMD, A DOCTOR OF PHARMACY,

EXTRA YEAR OF COLLEGE, EXTRA YEAR OF EXPERIENCE AND IN MANY OTHER STATES

THEY DO A LOT MORE IN THEIR PROFESSION. I'M A BS, BACHELOR'S OF SCIENCE

BY THE WAY, DON'T INTERPRET IT A DIFFERENT WAY.

(LAUGHTER)

SO I DIDN'T HAVE THAT LUXURY, BUT EVERY PHARMACY

STUDENT COMING OUT OF COLLEGE HAS BEEN GETTING TRAINED FOR YEARS ON

HOW TO DO A COVID TEST, HOW TO ADMINISTER A VACCINE, HOW TO WORK

WITH A PATIENT AND DETERMINING WHAT THE ORAL CONTRACEPTIVE THEY SHOULD

BE TAKING IS. THIS IS PART OF WHAT THEY DO. FOUR YEARS PARTICULARLY OF

EDUCATION ON THE MEDICATION. MOST DOCTORS WILL TELL YOU, MOST NURSE

PRACTITIONERS WILL TELL YOU AND PAS WILL TELL YOU THEY WISH THEY HAD THAT

MANY YEARS OF EDUCATION ON MEDICATION, THEY DO AN EXCELLENT JOB OF

DIAGNOSING. LIKE USUALLY PHARMACOLOGY IS ABOUT SIX MONTHS OF THEIR

NYS ASSEMBLY MARCH 28, 2023

EDUCATION, AND OBVIOUSLY THEIR LEARNING EXPERIENCE AS THEY GO FORWARD.

SO I'M NOT TOOTING MY HORN BUT I'M TOOTING THE PROFESSION'S HORN. THEY

ARE THE EXPERTS WHEN IT COMES TO MEDICATION, PLAIN AND SIMPLE. I WILL

SAY I WAS SADDENED BUT I DON'T BLAME YOU FOR ONE OF YOUR COMMENTS

THAT YOU MENTIONED ABOUT THE FACT THAT WHEN I GO INTO THE PHARMACY

I'M A CUSTOMER. YOU'RE NOT A CUSTOMER. A CUSTOMER BUYS MOTOR OIL,

HAND CREAM, PAPER TOWELS. YOU ARE A PATIENT. MEMBER PAULIN AND I

HAD THIS CONVERSATION DURING WORKING ON THIS BILL THAT PEOPLE TEND TO

FORGET THAT PHARMACISTS ARE HEALTH CARE PROFESSIONALS, THEY ARE. THEY'RE

IN THE OFFICE OF PROFESSIONS IN THE EDUCATION DEPARTMENT. THEY ARE

PROFESSIONALS AND THEREFORE ALTHOUGH WE MAY LOOK SMART, WE ACTUALLY

ARE MUCH SMARTER THAN WE LOOK. WE ACTUALLY DO HAVE SOME GREAT

KNOWLEDGE. AND THERE WAS SOME VERY GOOD QUESTIONS ABOUT HOW DO

THEY KNOW THE PATIENT, BECAUSE YOU'RE RIGHT. IT'S A NON-PATIENT SPECIFIC

ORDER, BASICALLY ANY PATIENT COME IN ON ANY GIVEN DAY RIGHT NOW AND

GET A COVID SHOT, CAN GET A NOSE SWAB TO GET A COVID TEST, WHATEVER

IT MAY BE. THEY CAN GET NARCAN, TOO, BY THE WAY. WITH A PATIENT'S

PERMISSION AND FUNDED BY THIS BODY, BY THE WAY, FOR THE LAST SEVERAL

YEARS, PHARMACISTS JUST LIKE DOCTORS AND NURSE PRACTITIONERS HAVE ACCESS

TO THE -- IN THE CAPITAL REGION IT'S CALLED HIE, THE HEALTH INFORMATION

EXCHANGE. IF AJ SAID TO ME I WANT YOU TO LOOK AT MY RECORDS, I HAVE A

QUESTION. I HAVE HIS PERMISSION. I CAN GO IN AND LOOK AT THE PATIENT'S

INFORMATION AND EVERYTHING THAT -- THE DOCTOR'S NOTES ARE ACTUALLY

POSTED AND UPLOADED AND WE ARE ACTUALLY TRAINED ON HOW TO READ THEM.

WE KNOW HOW TO UNDERSTAND THEM. THE OTHER THING YOU DON'T KNOW

NYS ASSEMBLY MARCH 28, 2023

THAT'S HAPPENING MORE AND MORE FREQUENTLY, NEXT TIME YOU GO TO YOUR

DOCTOR'S OFFICE ASK THEM, DO YOU HAVE ANY PHARMACISTS ON STAFF? MORE

AND MORE OFFICES NOW THAN EVER BEFORE ARE HIRING PHARMACISTS TO MAKE

THE DECISION ON WHAT MEDICATION. DOCTORS AND NURSE PRACTITIONERS,

THEY DO THE DIAGNOSING. BUT IT'S ACTUALLY THE PHARMACISTS DECIDING

WHAT'S THE PROPER MEDICATION FOR BETTER COMPLIANCE WITH THE PATIENT.

AND ALSO BY THE WAY, MATCHING UP WITH THEIR INSURANCE PLAN WHICH IS

AN ART ALL TO ITSELF THAT HAS NOTHING DO WITH ANYTHING BUT EXPERIENCE TO

BE HONEST WITH YOU. THERE WERE CONCERNS ABOUT AGE. I UNDERSTAND THE

CONVERSATION. ONCE AGAIN, THESE MEDICATIONS ARE APPROVED BY THE

FDA. THEY HAVE AGE RANGES WHEN AN INDIVIDUAL CAN BE PRESCRIBED

THESE MEDICATIONS. SO I THINK -- I KNOW SOME PEOPLE MAY NOT WANT TO

TRUST THE FDA, THAT IS A -- AN INDEPENDENT GUIDE TO TALK TO. THERE WAS A

CONCERN ABOUT WALKING FROM ONE PHARMACY TO ANOTHER TO GET

PRESCRIPTIONS. THAT WAS A GOOD QUESTION, TOO. AND THE TRUTH OF THE

MATTER IS IN MOST SITUATIONS IF A YOUNG WOMAN IS COMING INTO A

PHARMACY, MORE THAN LIKELY THEY HAVE SOME KIND OF INSURANCE PLAN.

THE PHARMACIST WILL DO THE ASSESSMENT, MAKE THE DETERMINATION, SELECT

THE PROPER MEDICATION, PROCESS THE CLAIM THROUGH THEIR INSURANCE. IF

THAT YOUNG LADY WALKS DOWN THE STREET AND TRIES TO DO THE SAME THING,

DIFFERENT PHARMACY, THEY'LL GET AN ALERT SAYING HEY, YOU JUST GOT THIS BILL

LAST WEEK, TWO HOURS AGO, A MONTH AGO, WHAT'S GOING ON? PHARMACISTS

DO THIS EVERY SINGLE DAY 8 TO 12 HOURS A DAY OF THE WEEK, OR 8 TO 12

HOURS A DAY EVERY DAY OF THE WEEK. SO THAT CONCERN INITIALLY I'M LIKE

OH, YOU'RE RIGHT. I CAN UNDERSTAND WHY YOU RAISE THAT CONCERN BUT THE

NYS ASSEMBLY MARCH 28, 2023

REALITY IS THAT SHOULD NOT BE A CONCERN THAT YOU SHOULD BE CONCERNED

ABOUT. THE OTHER SAD REALITY IS THIS. BECAUSE OF THE HEALTH CARE SYSTEM

WE HAVE WE CONTINUE TO LOSE PRIMARY CARE PROVIDERS, OBGYNS, SOME

OF THE LAWS IN THIS STATE MAKE IT VERY DIFFICULT FOR PRACTITIONERS, DOCTORS

PARTICULARLY TO PRACTICE IN THIS STATE. WE ARE SEEING MORE AND MORE

MEDICAL DESERTS POP UP IN OUR URBAN CENTERS, IN OUR RURAL CENTERS AND

YES, ACTUALLY IN THE SUBURBS AS WELL. THEREFORE, THIS LEGISLATION

ACTUALLY SPEAKS TO TRYING TO ADDRESS PART OF OUR PROBLEM IN HEALTH CARE.

WE NEED TO MAKE SURE THAT EVERY HEALTH CARE PROVIDER WHO HAS THE

PROPER TRAINING IS ON BOARD AND IS WORKING IN COLLABORATION, NOT

COMPETITION WITH OTHER PROVIDERS. IN MANY OTHER STATES COLLABORATIVE

PRACTICE AGREEMENTS ARE THE NORM. DOCTOR, PHARMACIST, PATIENT WITH

THE DOCTOR IN CHARGE MAKING THE DECISION. THIS IS A CLASSIC EXAMPLE OF

THAT. CLASSIC, CLASSIC EXAMPLE. SO I WANT TO THANK THE SPONSOR. SHE'S

DONE A REMARKABLE JOB IN MAKING SURE THIS -- THIS LEGISLATION IS SOUND

AND IS PRUDENT. THERE WAS A CONCERN ABOUT COSTS LIKE I SAID.

PHARMACISTS, ACCORDING TO HER BILL, THEY'RE NOT REIMBURSED ANYTHING

DIFFERENT FOR THIS. PHARMACISTS WILL BE COMPENSATED THE WAY THEY

NORMALLY ARE. THERE IS NOTHING FOR THEM TO BE GAINED HERE EXCEPT TO

MAKE SURE THAT A YOUNG WOMAN LOOKING FOR HEALTH SERVICES IS SERVED

PROPERLY. THANK YOU. OBVIOUSLY I'M SUPPORTING THIS LEGISLATION.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. PIROZZOLO.

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

THE SPONSOR YIELD, PLEASE.

NYS ASSEMBLY MARCH 28, 2023

MS. PAULIN: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. PIROZZOLO: JUST A COUPLE OF INFORMATIONAL

QUESTIONS IF I MIGHT. ARE YOU AWARE, DO ANY OTHER STATES DO THIS?

MS. PAULIN: YES.

MR. PIROZZOLO: OKAY. IS IT POSSIBLE, LIKE SO

MANY PHARMACIES THERE'S BASICALLY TWO TYPES OF PHARMACIES, RIGHT?

THERE ARE CHAINS AND SOME OF THEM ARE NATIONAL CHAINS AND THEN THERE'S

YOUR LOCAL PHARMACISTS. SO IS IT POSSIBLE FOR A PHARMACIST WORKING FOR

A CHAIN FROM ANOTHER STATE OR FOR A DOCTOR, I APOLOGIZE, A DOCTOR WHO

WORKS, YOU KNOW WITHIN A PHARMACY, YOU KNOW, ON THE BOARD OR

WHATEVER, WHO'S GOING TO WRITE THIS PRESCRIPTION? IS IT POSSIBLE FOR A

DOCTOR FROM ANOTHER STATE TO WRITE THIS PRESCRIPTION FOR A NEW YORK

STATE PATIENT?

MS. PAULIN: THAT'S A GOOD QUESTION. I -- WHATEVER

THE RULES ARE CURRENTLY FOR PRESCRIBERS WOULD BE THE SAME RULES AS THEY

ARE FOR THIS.

MR. PIROZZOLO: I UNDERSTAND --

MS. PAULIN: I GET --

MR. PIROZZOLO: -- YOU MAY NOT KNOW --

MS. PAULIN: YEAH.

MR. PIROZZOLO: -- BUT THAT DOESN'T FILL ME WITH,

YOU KNOW, JOY KNOWING THAT IT'S POSSIBLE A DOCTOR FROM OHIO CAN BE

WRITING A (INAUDIBLE) FOR SOMEONE IN NEW YORK JUST BECAUSE OF WHO

NYS ASSEMBLY MARCH 28, 2023

THEY WORK FOR OR BECAUSE MANY STATES HAVE THAT. SO LET'S BREAK IT DOWN

A LITTLE BIT MORE. HOW ABOUT REGIONAL? WOULD IT BE POSSIBLE FROM A

DOCTOR FROM UTICA TO WRITE A PRESCRIPTION FOR A PATIENT ON STATEN

ISLAND?

MS. PAULIN: YES.

MR. PIROZZOLO: OKAY. IS THERE GOING TO BE ANY

TRACKING THAT YOU KNOW OF LET'S SAY THERE ARE COMPLICATIONS IF A PERSON

WHO RETAKES THIS MEDICATION DOES DEVELOP A PROBLEM AND THEY GO INTO

A CLINIC OR HOSPITAL? IS THERE GOING TO BE ANY MANDATORY -- MANDATORY

MIGHT NOT BE THE RIGHT WORD, BUT IS THERE GOING TO BE ANY TRACKING SO

THAT FOR FUTURE STATISTICS WE CAN SEE IF THIS WAS A BENEFICIAL THING TO DO

OR MAY BE TWEAKED AS FAR AS PRESCRIBING?

MS. PAULIN: I WOULD TELL YOU THAT BIRTH CONTROL

PILLS ARE PROBABLY ONE OF THE MOST TRACKED MEDICATIONS THAT WE'VE EVER

HAD. SO WILL THERE BE ADDITIONAL TRACKING? NO. BUT DO WE NEED IT?

PROBABLY NOT.

MR. PIROZZOLO: WELL, I'M NOT TALKING ABOUT

TRACKING OF THE PRESCRIPTION ITSELF. I'M TALKING ABOUT TRACKING OF IF

THERE IS A PROBLEM BECAUSE WE'RE TAKING THAT PRESCRIPTION, BECAUSE

THERE WAS A CONTRAINDICATION FROM THE MEDICATION THAT THE PHARMACIST

DIDN'T KNOW ABOUT OR JUST IN GENERAL IF SOMETHING, YOU KNOW, IF

SOMETHING DOESN'T GO WELL.

MS. PAULIN: THOSE KINDS OF THINGS ARE TRACKED

NORMALLY. THERE'S NOT GOING TO BE SPECIAL TRACKING FOR THIS.

MR. PIROZZOLO: OKAY. AND THEN IN THE

NYS ASSEMBLY MARCH 28, 2023

CONVERSATION WE'VE HAD WE'RE -- WE'RE USING THE TERM GIRL AND WOMAN.

BUT IS IT POSSIBLE FOR SOMEONE OF ANY GENDER TO GO AND GET THIS

MEDICATION?

MS. PAULIN: YES, SIMILARLY TO A CONDOM. A GIRL

COULD GO IN AND BUY A CONDOM, A WOMAN COULD GO IN AND BUY A

CONDOM, AS COULD ANY YOUNG MAN OR OLDER MAN AND IT'S EXACTLY THE

SAME FOR THIS.

MR. PIROZZOLO: OKAY. SO --

MS. PAULIN: UNLESS THE SCRIPT IS WRITTEN THAT IT WAS

GENDER SPECIFIC.

MR. PIROZZOLO: SO DO WE KNOW IF THAT'S GOING TO

HAPPEN OR NOT HAPPEN?

MS. PAULIN: NO, WE DON'T.

MR. PIROZZOLO: OKAY. SO MEN WILL BE ABLE TO

GET THE SAME --

MS. PAULIN: IF -- IF THE SCRIPT SAYS THAT IF A MAN

WALKS IN AND WANTS BIRTH CONTROL PILLS, I WOULD IMAGINE WE DON'T SPEAK

TO THAT BUT IT'S HIGHLY UNLIKELY.

MR. PIROZZOLO: WELL, MY CONCERN IS REALLY FOR

THE SAFETY OF THE -- OF THE FEMALE, OKAY, BECAUSE, YOU KNOW, ABUSE OF

RELATIONSHIPS OR JUST OTHER THINGS WHERE, YOU KNOW, A MAN MAY GO IN

AND SAY YOU'RE GOING TO TAKE THIS, YOU KNOW, TAKE THIS PILL AND JUST

OPENS THE DOOR TO OTHER THINGS.

MS. PAULIN: IT'S -- IT'S ALMOST ALWAYS THE OTHER WAY

AROUND, YOU KNOW, WHERE THE WOMAN LOSES CONTROL AS -- AS YOU'RE

NYS ASSEMBLY MARCH 28, 2023

SUGGESTING. SO ALLOWING THE ANONYMITY AND -- AND FOR HER TO BE ABLE TO

GET THE PILLS IF SHE'S BEING RAPED BY HER ABUSER IS VERY, VERY

EMPOWERING.

MR. PIROZZOLO: THANK YOU. THANK YOU FOR THE

LEGISLATION.

MR. SPEAKER, I DON'T REALLY HAVE ANY OTHER QUESTIONS.

THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. JENSEN.

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

WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU

YIELD?

MS. PAULIN: ABSOLUTELY.

ACTING SPEAKER AUBRY: SPONSOR YIELDS, SIR.

MR. JENSEN: THANK YOU KINDLY. I WANT TO REVISIT A

COUPLE OF THINGS THAT OUR FIRST QUESTIONNAIRE ASKED IS REGARDING THE

EDUCATIONAL REQUIREMENTS. WOULD YOU BE ABLE TO EXPAND AT ALL ON WHAT

TYPES OF COMPONENTS WOULD BE CONTAINED IN THAT EDUCATIONAL

REQUIREMENT THAT THE PHARMACIST WOULD HAVE TO --

MS. PAULIN: IT HAS TO BE APPROVED BY THE

COMMISSIONER.

MR. JENSEN: OKAY. WHO WOULD BE -- WOULD IT BE

COMPLETELY UP TO DOH TO DETERMINE WHAT IS BEING PROFESSIONALLY

EDUCATED? AND IF IT'S OUTSIDE OF DOH, WHO WOULD BE INVOLVED IN THAT

NYS ASSEMBLY MARCH 28, 2023

DEVELOPMENT? WOULD IT BE OB-GYNS, PRIMARY CARE, WHO WOULD BE

INVOLVED IN THAT?

MS. PAULIN: SO IT'S ACTUALLY THE EDUCATION

COMMISSIONER THAT MAKES THE APPROVAL IN CONSULTATION. I BELIEVE WE

HAVE IN CONSULTATION WITH THE DOH COMMISSIONER, SO IT WOULD BE UP

TO THEM AS THEY ARE COMPETENT TO DO THAT. WE BELIEVE THAT THEY WOULD

BRING IN WHOEVER THEY WOULD NEED TO DO -- TO MAKE THAT DECISION.

MR. JENSEN: OKAY. ONE OF THE CONCERNS THAT WAS

RAISED EARLIER WAS THAT IF A PATIENT CHOOSES TO MAYBE NOT DISCLOSE ALL OF

THEIR MEDICAL HISTORY TO THE PHARMACIST AND THERE IS AN ADVERSE REACTION

TO THE PRESCRIPTION THAT'S WRITTEN. WHO WOULD BE LIABLE IF THERE IS AN

ADVERSE REACTION? WOULD IT FALL ON THE PHARMACIST, WOULD IT FALL ON THE

PATIENT THEMSELVES, WHAT'S THE LIABILITY OF THE -- OF THE ADVERSE REACTION

(INAUDIBLE)?

MS. PAULIN: WELL, I IMAGINE IF SOMEBODY THOUGHT

THAT THERE WAS AN ADVERSE REACTION TO A -- A MEDICATION AS IS NOW, THEY

USUALLY SUE THE DEEP POCKETS SO I WOULD IMAGINE THEY'RE GOING TO SUE

THE -- THE DRUG COMPANIES.

MR. JENSEN: OKAY. SO WOULDN'T -- THE LIABILITY

WOULDN'T FALL ON THE PRESCRIBER, IN THIS CASE THE PHARMACIST, BECAUSE

THEY WERE MAKING A PROFESSIONAL JUDGMENT BASED ON THE INFORMATION

THEY WERE PROVIDED BY THE PATIENT IN FRONT OF THEM.

MS. PAULIN: OF COURSE YOU CAN SUE WHOEVER YOU

WANT. THE COURT WOULD LIKELY MAKE THAT DECISION I WOULD IMAGINE.

MR. JENSEN: OKAY. THANK YOU VERY MUCH,

NYS ASSEMBLY MARCH 28, 2023

CHAIRWOMAN PAULIN.

WOULD MR. MCDONALD BE UP FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MR. MCDONALD, WILL

YOU YIELD?

MR. MCDONALD: WHY NOT?

ACTING SPEAKER AUBRY: WHY NOT HE SAID.

(LAUGHTER)

WELL, I COULD GIVE YOU A REASON BUT...

NO. MR. MCDONALD YIELDS.

MR. JENSEN: THANK YOU VERY MUCH, JOHN

MCDONALD, BS. I APPRECIATE THAT. I WANT TO GO BACK TO SOMETHING YOU

RAISED ABOUT THE PORTAL THAT ALL PHARMACISTS HAVE ACCESS TO NOW WHEN

LOOKING AT PATIENT HISTORY AND PRESCRIBING DATA. WHAT TYPE OF

INFORMATION WOULD A PHARMACIST SEE WHEN THEY'RE LOOKING AT THIS PORTAL

NEVER BEING A PHARMACIST MYSELF.

MR. MCDONALD: (INAUDIBLE/MIC OFF) ORGANIZATION

-- I CAN'T HEAR. THERE YOU GO. THAT'S BETTER. SO A PHARMACIST WHO

ACTUALLY PARTICIPATE IN THE REGIONAL HEALTH INFORMATION ORGANIZATION,

THE RHIO AS IT'S CALLED, HAVE ACCESS TO WHATEVER MEDICAL RECORDS THE

PATIENT'S PROVIDERS HAVE UPLOADED TO THE RHIO.

MR. JENSEN: SO YOU MENTIONED THAT THE CAPITAL

REGION HAS THIS -- THIS PORTAL. DOES EVERY -- ARE THESE -- IS THIS PORTAL --

IS THERE SOMETHING SIMILAR IN EVERY REGION OF THE STATE OR IS THERE --

MR. MCDONALD: YES, THERE IS. THERE IS. WE

ACTUALLY -- NEW YORK STATE HAS OVER THE PAST SEVERAL YEARS INVESTED

NYS ASSEMBLY MARCH 28, 2023

HEAVILY IN BILLING OUT THIS -- THIS OPTION. AND ONCE AGAIN, I WANT TO

CLARIFY. IT'S AN OPTION. IF PATIENTS -- WHEN YOU GO TO THE DOCTOR, YOU GO

TO THE URGENT CARE, YOU GO TO THE HOSPITAL, YOU HAVE TO SIGN OFF ON

GIVING CONSENT TO HAVE YOUR INFORMATION UPLOADED TO WHATEVER THE

RHIO IS.

MR. JENSEN: OKAY. SO -- AND THIS IS ASKING A

GENERAL QUESTION NOT NECESSARILY FOR YOUR OWN PRACTICE AS A -- AS A

PHARMACIST BUT IS THE PORTAL CONSULTED 100 PERCENT OF THE TIME BY A

PHARMACIST WHEN THEY'RE FILLING PRESCRIPTIONS AND PRESCRIBED?

MR. MCDONALD: NO. NO, IT'S NOT.

MR. JENSEN: OKAY.

MR. MCDONALD: IT -- NOW THAT BEING SAID, YOU

KNOW, GOING BACK TO MEMBER PAULIN'S -- THE EDUCATION COMPONENT

AND, YOU KNOW, JUST TO BE CLEAR, I DIDN'T KNOW HOW TO DO A

POINT-OF-CARE TEST TO DO A COVID TEST BACK IN MARCH OF 2020, RIGHT?

BUT ALL OF A SUDDEN THEY SAID PHARMACISTS, WE NEED YOU TO START DOING

NOSE -- NOSE TESTS. SO I TOOK A 20 HOUR COURSE IN A SPAN OF TWO WEEKS

TO BEST UNDERSTAND HOW TO DO IT, JUST LIKE I TOOK A 12 HOUR COURSE TO

LEARNING HOW TO TAKE A VACCINE. AND THESE PROGRAMS, THESE COURSES,

ARE NATIONALLY ACCREDITED. IT IS UP TO THE EDUCATION DEPARTMENT TO

DECIDE WHAT PROGRAMS THEY WANT TO HAVE HERE IN NEW YORK STATE.

WHAT I WILL TELL YOU IS THERE'S NOT TOO MANY OF THEM AND THEY'RE ALL VERY

CONSISTENT FROM STATE TO STATE TO STATE TO STATE. SO WHEN YOU -- YOU

KNOW, YOU TAKE THE -- I FORGET WHERE I WAS GOING WITH THIS.

MR. JENSEN: I'M TRYING TO FIND THE BREADCRUMBS TO

NYS ASSEMBLY MARCH 28, 2023

TRY TO GET YOU BACK.

MR. MCDONALD: WHAT'S THAT? SO ANYWAYS. THE

BOTTOM LINE IS WHEN THE -- WHEN THE PHARMACISTS WILL TAKE, YOU KNOW,

FOR A CONTRACEPTIVE I THINK IT'S A 12 HOUR PROGRAM THAT WE'LL TAKE -- AND

BY THE WAY, THERE'S A REAL TEST AND YOU REALLY HAVE TO PASS IT. IT'S NOT AS

IF YOU JUST TURN ON THE VIDEO AND AFTER 12 HOURS YOU'RE DONE, YOU NEED

TO PASS THE EXAM AND YOU NEED TO BE CERTIFIED. AND AS A PHARMACIST

YOU NEED TO HAVE THAT ON HAND AT ALL TIMES BECAUSE THIS IS A CHANGE TO

YOUR SCOPE OF PRACTICE. YOU WILL NOW HAVE THIS COVERED AS PART OF

YOUR LIABILITY AND THEREFORE IT'S INCUMBENT UPON YOU TO MAKE SURE YOU

HAVE THAT. YOUR EMPLOYER WILL MAKE SURE YOU HAVE THAT AS WELL.

MR. JENSEN: SO WOULD IT MAKE SENSE THAT WHEN THE

EDUCATION COMMISSIONER IS DETERMINING THAT EDUCATION -- THE

PROFESSIONAL EDUCATION COMPONENT TO BE ABLE TO PRESCRIBE THAT THERE IS

A MANDATED PROCESS ABOUT HAVING TO CHECK THE PORTAL FOR ANY SORT OF

CONTRADICTIONS ON A PATIENT'S MEDICAL RECORDS.

MR. MCDONALD: SO THAT WILL -- THAT MAY BE

RECOMMENDED IN THE -- IN THE PROGRAM. HOWEVER, I THINK WHERE THAT

OPTION IS PROBABLY BEST SERVED IS WITH THE ACTUAL ORDERING PROVIDER WHO

IS GOING TO MAKE THAT DETERMINATION. AS MEMBER PAULIN MENTIONED, IT

COULD BE THE COMMISSIONER OF HEALTH WHO IS ISSUING A NON-PATIENT

SPECIFIC ORDER. THAT REALLY HAS NOT BEEN DONE IN THIS STATE EXCEPT WITH

THE PRIOR COMMISSIONER WHO DID AN NARCAN STANDING ORDER BECAUSE OF

THE -- OF THE CRISIS WE'RE DEALING WITH. BUT IT IS POSSIBLE THAT THE NEW

COMMISSIONER COULD DO THAT, WE'LL SEE. OUR COUNTY HEALTH

NYS ASSEMBLY MARCH 28, 2023

COMMISSIONERS HAVE THE ABILITY BUT ANY COMMISSIONER -- ANY -- ANY

PROVIDER. I CAN SEE VERY CLEARLY, PARTICULARLY IN A RURAL AREA, THE TOWN

DOCTOR SAYING LISTEN, I DON'T HAVE THE ABILITY TO SEE THESE PATIENTS. HERE

IS WHAT I WANT IN THIS STANDING ORDER. AND THEY WILL PUT THAT IN THE

ORDER, AND THEY MAY VERY WELL REQUIRE THAT, BUT I -- I DON'T THINK IT HAS

TO BE MANDATED.

MR. JENSEN: OKAY. I MEAN I GUESS HOW -- SO HOW

QUICKLY DOES THE PORTAL GET UPDATED WITH MEDICAL RECORDS? HOW --

HOW QUICKLY DO THINGS GET UPLOADED IN THERE SO THAT WAY YOU COULD SEE

MR. MCDONALD: IT'S MUCH BETTER TODAY THAN IT

USED TO BE, I CAN TELL YOU BECAUSE I GO ON IT AT LEAST ONCE OR TWICE A

WEEK FOR VALID REASONS. AND, YOU KNOW, YOU JUST HIT THE REFRESH BUTTON

AND YOU'LL SEE APPOINTMENTS FROM A COUPLE DAYS BEFORE. IT'S LIKE

ANYTHING ELSE IN THIS WORLD. IF THE PROVIDER IS -- HAS A GOOD SYSTEM

WHERE THEY'RE UPDATING THEIR RECORDS ON A REGULAR BASIS, IT'S IN REAL

TIME. I MEAN TECHNICALLY, YOU KNOW, WITHIN A COUPLE OF HOURS IF YOU

WERE AT THE DOCTOR'S OFFICE I COULD BE LOOKING AT YOUR RECORDS BUT EVERY

CASE IS GOING TO BE DIFFERENT.

MR. JENSEN: SO IN THEORY A PATIENT SIGNS OFF ON

HAVING THEIR MEDICAL RECORDS SHARED WITH THE PORTAL. A PHARMACIST

WOULD BE ABLE TO SEE, AS CLOSE TO REAL TIME AS POSSIBLE, ANY SORT OF

CONTRADICTIONS THAT A BIRTH CONTROL ORDER COULD HAVE WITH ANY SORT OF

UNDERLYING MEDICAL CONDITION OR EXISTING PRESCRIPTION THAT MAY BE

ALREADY BE TAKEN OR, YOU KNOW, SOMETHING LIKE SMOKING THAT I KNOW

NYS ASSEMBLY MARCH 28, 2023

HAS SOME ADVERSE REACTIONS ON THE EFFECTIVENESS OF BIRTH CONTROL.

MR. MCDONALD: YEAH, AND BY THE WAY MOST

PHARMACIES TODAY, I DON'T THINK PEOPLE HAVE APPRECIATION FOR HOW

ROBUST THEIR -- THEIR PHARMACY SYSTEMS ARE. WE GET WARNINGS QUITE

REGULARLY WHEN WE'RE DISPENSING CONTRACEPTIVES ABOUT POTENTIAL, NOT

EXISTING, BUT POTENTIAL MEDICAL CONDITIONS, AND THAT'S SOMETHING THAT

WE DO. ONCE AGAIN, YOU DON'T SEE IT BECAUSE WE'RE NOT AT THE COUNTER

TALKING ABOUT THIS BUT THERE'S A LOT OF DIFFERENT -- THERE'S A LOT GOING ON

IN THE BACKGROUND THAT PEOPLE DON'T REALIZE.

MR. JENSEN: OKAY. SO IT WOULD STILL BE POSSIBLE,

UNDER THE PROVISION OF THIS LEGISLATION, THAT A PHARMACIST COULD

DISPENSE A MEDICATION THAT WOULD RESULT IN AN ADVERSE EFFECT DUE TO THE

LACK OF EITHER THE PATIENT OPTING OUT OF SHARING THEIR INFORMATION WITH

ANOTHER PROTECTED ENTITY UNDER HIPAA PROTECTION AS WELL AS NOT BEING

FORTHCOMING IN THE SURVEY THAT THEY WOULD HAVE TO FILL OUT AS WRITTEN AS

PART OF THIS.

MR. MCDONALD: SO WHETHER IT'S A PHARMACIST OR A

NURSE PRACTITIONER OR A DOCTOR OR A PHYSICIAN'S ASSISTANT, THERE'S ALWAYS

POTENTIAL FOR AN ADVERSE SIDE EFFECT, ALWAYS, WITH EVERY MEDICATION.

HAPPENS EVERY SINGLE DAY. OBVIOUSLY, IF I WAS A PHARMACIST DOING

THIS, I WOULD STRONGLY ENCOURAGE, BUT NOT MANDATE, THE INDIVIDUAL TO

ALLOW ME TO SHARE THEIR RECORDS SO I COULD MAKE SURE THAT WE DON'T

HAVE ANY UNINTENDED CONSEQUENCE.

MR. JENSEN: OKAY. THANK YOU VERY MUCH, MR.

MCDONALD AND THANK YOU TO CHAIRWOMAN PAULIN AND CHAIRMAN

NYS ASSEMBLY MARCH 28, 2023

MCDONALD FOR THEIR YIELDING AND ANSWERING MY QUESTIONS. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

JENSEN.

SO MY LEARNED COUNSEL TELLS ME THAT THAT WHOLE

DIALOGUE WE JUST WENT THROUGH ACTUALLY WAS OUT OF ORDER BECAUSE MR.

MCDONALD COULD'VE ASKED MR. JENSEN TO YIELD, BUT MR. JENSEN ASKED

MR. MCDONALD TO YIELD SINCE HE WAS NOT THE PRIME SPONSOR OF THE BILL.

HOWEVER, YOU -- YOU -- SUCH A WONDERFUL DIALOGUE, WE ALLOWED IT TO

CONTINUE FOR THE EDIFICATION OF THE BODY.

MS. LUNSFORD.

MS. LUNSFORD: THANK YOU, MR. SPEAKER. AND I

WANT TO THANK THE SPONSOR OF THIS BILL.

ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL. THAT'S --

THAT'S TOTALLY IN ORDER.

MS. LUNSFORD: THERE'S BEEN A LOT OF CONVERSATION

TODAY ABOUT THE FIRST PRESCRIPTION ABOUT THE 15-YEAR-OLD WHO GOES TO A

PHARMACIST TO ACCESS ORAL CONTRACEPTION FOR THE FIRST TIME, BUT I DON'T

THINK THAT THAT'S WHO YOU'RE GOING TO SEE UTILIZING THIS LAW. WHAT

YOU'RE GOING TO SEE PRIMARILY ARE ADULT WOMEN WHO CAN'T MAKE IT TO

THEIR OB-GYN, WHO HAVE FALLEN OFF THEIR BIRTH CONTROL BECAUSE THEIR

OB-GYN'S IN ANOTHER COUNTY OR THEY'RE WORKING FULL-TIME OR THEY HAVE

THREE KIDS AT HOME AND THEY CAN'T GET TO THE DOCTOR. THAT'S WHO

ACCESSES THIS. I WAS A 15-YEAR-OLD GIRL ON BIRTH CONTROL, I HAD

NYS ASSEMBLY MARCH 28, 2023

POLYCYSTIC OVARIAN SYNDROME. IF NOT FOR BIRTH CONTROL I PROBABLY

WOULDN'T HAVE HAD MY SON TODAY. SO I UNDERSTAND HOW IMPORTANT IT IS

TO TALK ABOUT YOUNG PEOPLE'S ACCESS. BUT WHAT WE'RE MISSING IS THAT

THIS IS A HEALTH CARE ACCESS BILL. THIS IS FOR PEOPLE OF REPRODUCTIVE AGE

WHO NEED ORAL CONTRACEPTIVES. ORAL CONTRACEPTIVES, WHICH I'D LIKE TO

POINT OUT, ARE HORMONAL. THIS IS MORE AKIN TO MELATONIN THAN IT IS AN

OPIOID. YOUR BODY PRODUCES THESE HORMONES. THEY'RE NOT INTRODUCING

A FOREIGN SUBSTANCE. TYLENOL AND BENADRYL POSE A GREATER RISK TO YOUR

HEALTH THAN ORAL CONTRACEPTIVES. AND IT'S IMPORTANT THAT WE CONSIDER

THE IMPACT ON LOW INCOME WOMEN, ON RURAL WOMEN, ON URBAN WOMEN

WHO ARE WORKING THREE JOBS, WHO HAVE TO TAKES A BUS TO A MEDICAID

CLINIC WITH THEY'RE WAITING SIX MONTHS FOR AN APPOINTMENT. MORE

UNINTENDED PREGNANCIES HAPPEN TO WOMEN WHO ALREADY HAVE CHILDREN

THAN WOMEN WHO DON'T BECAUSE THEY CAN'T ACCESS HEALTH CARE. IT IS

IMPERATIVE THAT WE SUPPORT THIS BILL. THERE'S ALSO BEEN SOME TALK ABOUT

THE MEDICAL EXPERTS. I'D LIKE TO MENTION THAT THE AMERICAN COLLEGE OF

OBSTETRICIANS AND GYNECOLOGISTS NOT ONLY SUPPORTS THIS BILL, THEY

SUPPORT MAKING ORAL CONTRACEPTIVES AVAILABLE OVER-THE-COUNTER BECAUSE

THAT'S HOW SAFE THESE ARE. I APPLAUD THE SPONSOR. I THANK YOU FOR

INDULGING ME AS I NEEDED SLIGHTLY MORE THAN TWO MINUTES TO MAKE MY

POINT AND I WILL BE IN SUPPORT OF THIS BILL. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU

NYS ASSEMBLY MARCH 28, 2023

YIELD?

MS. PAULIN: HAPPILY.

ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.

MR. GOODELL: THANK YOU, MS. PAULIN. I'LL TALK TO

MR. MCDONALD LATER.

(LAUGHTER)

AND I -- I THINK YOU ANSWERED THIS, BUT AM I CORRECT

THE HEALTH COMMISSIONER COULD BE THE ONE THAT WRITES A STATEWIDE

SCRIPT THAT COVERS ANYONE AT ANY AGE; IS THAT CORRECT?

MS. PAULIN: YES.

MR. GOODELL: WE, EARLIER TODAY, PASSED A BILL THAT

HAD MANDATORY DISCLOSURE FOR WOMEN THAT WERE CONSIDERING A

C-SECTION THAT LISTED ALL THE RISKS -- KNOWN RISK FACTORS. DOES THIS BILL

HAVE A COMPARABLE MANDATORY DISCLOSURE FOR THE KNOWN RISK FACTORS FOR

SELF-ADMINISTERED HORMONAL CONTRACEPTIVES?

MS. PAULIN: THERE AREN'T BELIEVED TO BE ANY, SO NO.

MR. GOODELL: WE ALSO TODAY, I THINK, PASSED

LEGISLATION REQUIRING A STATUTORY NOTICE BE PLACED IN LACTATION CENTERS

ABOUT THE RISK OF SEXUAL TRAFFICKING. IS THERE ANY COMPARABLE REQUIRED

NOTICE FOR PHARMACIES THAT ARE DISPENSING ORAL CONTRACEPTIVES ABOUT THE

RISK OF HUMAN TRAFFICKING?

MS. PAULIN: YOU'RE PICKING ALL MY BILLS ON

PURPOSE.

(LAUGHTER)

MR. GOODELL: I JUST WANT TO LET YOU KNOW I'VE

NYS ASSEMBLY MARCH 28, 2023

READ YOUR BILLS FOR TODAY.

MS. PAULIN: I NEVER DOUBTED THAT.

MR. GOODELL: IS THERE ANY COMPARABLE LANGUAGE

FOR PHARMACIES?

MS. PAULIN: NO.

MR. GOODELL: NOW, YOU SAID THAT WITH A

NON-SPECIFIC PRESCRIPTION, UNLESS THE PRESCRIPTION LIMITS IT TO GENDER,

ANY ONE OF ANY GENDER --

MS. PAULIN: I -- I ACTUALLY DON'T KNOW THAT, YOU

KNOW, FOR SURE. I MEAN, OBVIOUSLY IF YOU'RE A PRESCRIBER, AS ALL OF THESE

ARE, YOU KNOW, AND YOU'RE PRESCRIBING TO A PATIENT, IT -- YOU KNOW,

UNLESS THERE WOULD BE A MEDICAL REASON TO PRESCRIBE TO A -- A MALE, I --

I WOULD IMAGINE THAT COMPETENT AND PROFESSIONAL PRESCRIBERS WOULD

NOT INCLUDE MEN ON THEIR SCRIPT.

MR. GOODELL: BUT WITH MANY PRESCRIPTIONS, OF

COURSE, A HUSBAND CAN PICK UP A PRESCRIPTION FOR HIS WIFE, AND WE

CERTAINLY, AS ONE OF MY COLLEAGUES MENTIONED, WOULDN'T WANT ANYONE

TO FALL OFF WITH THEIR PRESCRIPTION. SO AM I CORRECT THAT A MALE COULD

PICK UP --

MS. PAULIN: COULD PICK IT UP.

MR. GOODELL: AND THAT'S NO -- THERE'S NOTHING IN

THIS BILL THAT WOULD REQUIRE THE MALE TO DEMONSTRATE ANY SPECIFIC

CONNECTION TO ANY PARTICULAR WOMAN, IS THERE?

MS. PAULIN: SIMILAR TO BE -- TO A CONDOM, YES.

MR. GOODELL: SO AS AN EXAMPLE -- NEVER MIND,

NYS ASSEMBLY MARCH 28, 2023

I'LL -- I'LL CONTINUE.

IS THERE ANY OBLIGATION IN THIS BILL THAT THE PHARMACY

PROVIDE ANY SPECIFIC ADVICE OR COUNSELING ABOUT THE RISK OF SEXUALLY-

TRANSMITTED DISEASES? AND, AS YOU MIGHT GUESS, THAT IS OFTEN A

DISCUSSION, AS I UNDERSTAND IT, WHEN YOUNG WOMEN OR GIRLS FIRST HAVE

THIS DISCUSSION WITH THEIR PRIMARY CARE PHYSICIAN. IS THERE ANYTHING IN

THIS LEGISLATION THAT REQUIRES THAT TYPE OF DISCUSSION?

MS. PAULIN: THE DISCUSSION IS THE SAME AS, AGAIN,

BUYING CONDOMS.

MR. GOODELL: IS THERE ANY OBLIGATION ON THE PART

OF THE PHARMACIST TO DISCUSS THE EFFECTIVENESS OF ANY PARTICULAR

CONTRACEPTIVE? FOR EXAMPLE, I THINK THE LITERATURE IS PRETTY CLEAR THAT

THE PILL IS NOT THE MOST EFFECTIVE CONTRACEPTIVE. IN FACT, OUT OF EVERY

100 UNINTENDED PREGNANCIES, ON AVERAGE ABOUT NINE OF THE 100 ARE

PEOPLE WHO WERE ON THE PILL DURING THE FIRST YEAR THAT THEY'RE ON THE

PILL, AND OF 100 PREGNANCIES OF PEOPLE WHO'VE BEEN ON THE PILL FOR

TEN YEARS, THAT RISES TO 61, 61 PERCENT OF UNINTENDED PREGNANCIES ARE

PEOPLE WHO ARE ON THE PILL FOR TEN YEARS. IS THERE ANY STATUTORY

OBLIGATION THAT THE RISK OF PREGNANCY BE DISCUSSED BY THE PHARMACY AS

IT RELATES TO DIFFERENT CONTRACEPTIVE ALTERNATIVES?

MS. PAULIN: I WOULD IMAGINE THAT THAT'S GOING TO

BE PART OF ANY TRAINING THAT THE PHARMACIST WOULD HAVE SO THAT THEY

WOULD BE ABLE, IN THEIR CONVERSATION WITH THE PATIENT THAT COMES IN, TO

HAVE THAT CONVERSATION.

MR. GOODELL: ANY OBLIGATION UNDER THIS BILL FOR

NYS ASSEMBLY MARCH 28, 2023

THE PHARMACIST TO TALK ABOUT SAFE SEX OR ABSTINENCE?

MS. PAULIN: NO, SIMILAR TO A CONDOM.

MR. GOODELL: I SEE. AND AM I CORRECT THAT THE

COMMON SIDE EFFECTS OF HORMONAL CONTRACEPTIVES, ACCORDING TO THE

AMERICAN ACADEMY OF FAMILY PHYSICIANS INCLUDE HEADACHES, IRREGULAR

PERIODS, WEIGHT GAIN, MOOD CHANGES, NAUSEA, AMONGST OTHERS?

MS. PAULIN: JUST LIKE A PHARMACIST IS OBLIGATED TO

TALK ABOUT A DRUG THAT YOU PICK UP THAT HAS ANY KIND OF COMPLICATION IN

THAT MANNER, THEY WOULD PROVIDE THOSE KINDS OF SAME DETAILS.

MR. GOODELL: I SEE. ANY OBLIGATION THAT THE

PHARMACIST MAINTAIN ANY PARTICULAR DATA AS TO AGE, BACKGROUND, FAMILY

STATUS, RELATIONSHIPS, PRIOR HEALTH EXAMINATIONS RELATING TO PREGNANCY

FOR PEOPLE THAT COME IN SEEKING THIS OVER -- NON-PATIENT-SPECIFIC

HORMONAL --

MS. PAULIN: I THINK WHEN WE WERE CRAFTING THIS

THERE WAS A GREAT DEAL OF CONCERN THAT WE DIDN'T WANT ANY WOMAN

COMING IN THE DOOR TO HAVE ANY HESITATION, AND COLLECTING DATA ABOUT

HER MIGHT HAVE DONE THAT. SO ALTHOUGH WE DIDN'T TALK ABOUT THAT

SPECIFICALLY, I WOULD IMAGINE WE WOULD HAVE REJECTED IT.

MR. GOODELL: ANY DISCUSSION IN THIS BILL OR ANY

EXISTING LEGISLATION REGARDING WHO PAYS?

MS. PAULIN: IT WOULD BE ELIGIBLE FOR INSURANCE.

WE DID -- WE DO HAVE THAT IN THE BILL; HOWEVER, IF YOU, JUST LIKE NOW,

YOU CAN ALWAYS PAY OUT OF POCKET IF YOU CHOOSE NOT TO USE YOUR

INSURANCE.

NYS ASSEMBLY MARCH 28, 2023

MR. GOODELL: THANK YOU VERY MUCH.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I -- I THINK OUR -- OUR FIRST AND

FOREMOST PRIORITY OUGHT TO ALWAYS BE THE HEALTH OF OUR YOUNG WOMEN

AND OLDER WOMEN. OUR GIRLS, OUR WOMEN. THAT -- THEIR HEALTH SHOULD

BE OUR FIRST PRIORITY. AND WHAT I'M CONCERNED ABOUT IS WHAT THIS BILL

DOES IS ELIMINATE THE NEED FOR ANY INTERACTION AT ALL BETWEEN A YOUNG

GIRL OR A WOMAN AND HER PHYSICIAN AS IT RELATES TO SOMETHING THAT'S

EXTRAORDINARILY IMPORTANT. THERE'S NO REQUIREMENT FOR DISCUSSION

ABOUT SEXUALLY-TRANSMITTED DISEASE, THERE'S NO PHYSICAL INSPECT --

EXAMINATION, NO PHYSICAL EXAMINATION. THERE'S NO REQUIRED DISCUSSION

OF THE EFFECTIVENESS, AND IT'S WELL KNOWN THAT THE PILL LOSES ITS

EFFECTIVENESS OVER TIME. THERE'S NO REQUIRED DISCUSSION ABOUT OTHER

ALTERNATIVES, WHETHER IT'S SAFE SEX OR OTHER TYPES OF BIRTH CONTROL.

THERE'S NO REAL REQUIREMENT FOR DETAILED DOCUMENTATION ACCOMPANIED

BY A PHYSICAL EXAMINATION, WHICH IS THE SAFEST WAY TO DO IT. THERE'S NO

DISCUSSION OR REQUIRED DISCUSSION ABOUT THE DANGERS OF SEXUALLY-

TRANSMITTED DISEASE AND, OBVIOUSLY, IF IT'S A YOUNG GIRL THAT'S COMING IN

WHO'S JUST BECOMING SEXUALLY ACTIVE, THAT'S A VERY, VERY IMPORTANT

DISCUSSION. AND I DON'T IMAGINE THAT DISCUSSION IS GOING TO BE

CONDUCTED BY A PHARMACIST WHILE THERE'S A LINE WAITING BEHIND THE

YOUNG WOMAN AND THE PHARMACIST IS, WHAT, GOING TO START TALKING ABOUT

SAFE SEX, OTHER ALTERNATIVES, THE RISK OF PREGNANCY? AND NO AGE

RESTRICTION, NO OBLIGATION FOR PARENTAL NOTIFICATION OR ANY INVOLVEMENT

NYS ASSEMBLY MARCH 28, 2023

IN PARENTAL -- PARENTAL NOTIFICATION. AND AS MY COLLEAGUE MENTIONED,

THIS IS A GREAT BILL IF YOU'RE ENGAGED IN HUMAN TRAFFICKING, ISN'T IT? IF

YOU'RE A PIMP, THIS IS GREAT. YOU DON'T HAVE TO HAVE ANY -- YOU CAN

PICK UP ALL YOU WANT. AND SO WHY IS IT THAT WE REQUIRE NOTICES ABOUT

HUMAN TRAFFICKING IN LACTATION ROOMS, BUT COMPLETELY IGNORE IT WHEN IT

COMES TO BIRTH CONTROL? WHY IS IT WE HAVE MANDATORY WARNINGS ABOUT

THE SIDE EFFECTS OF CESAREANS, BUT NOT ON BIRTH CONTROL? WHY DO WE

HAVE MANDATORY DISCUSSIONS ABOUT THE EFFECTIVENESS OF ALTERNATIVES, BUT

NOT WHEN IT COMES TO BIRTH CONTROL? AND THE ANSWER IS WE DON'T TREAT IT

THE SAME WAY.

THANK YOU, SIR, FOR ALLOWING ME TO EXPRESS THESE

CONCERNS.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. EPSTEIN.

MR. EPSTEIN: WOULD THE SPONSOR YIELD?

MS. PAULIN: YES, THANK YOU.

ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.

MR. EPSTEIN: MS. PAULIN, DO YOU KNOW WHAT

LIMITATIONS EXIST IN TRYING TO GET CONDOMS IN A -- IN A PHARMACY?

MS. PAULIN: I'VE NEVER BOUGHT ONE MYSELF, SO I'M

UNAWARE. BUT I DON'T THINK THEY'RE HARD TO FIND.

MR. EPSTEIN: DO YOU THINK AS A WOMAN YOU'D BE

ABLE TO BUY A CONDOM IN A PHARMACY?

MS. PAULIN: I KNOW SOME WOMEN WHO HAVE

BOUGHT CONDOMS IN PHARMACIES.

NYS ASSEMBLY MARCH 28, 2023

MR. EPSTEIN: AND DO YOU THINK THERE'S ANY

RESTRICTIONS ON DOING THAT?

MS. PAULIN: NOT THAT I'M AWARE.

MR. EPSTEIN: ABOUT, LIKE, VIAGRA? COULD YOU GO

INTO A STORE AND BUY VIAGRA?

MS. PAULIN: I'VE NEVER DONE THAT EITHER.

(LAUGHTER)

MR. EPSTEIN: DO YOU THINK THERE ARE RESTRICTIONS IN

THAT?

MS. PAULIN: I WOULD IMAGINE THAT YOU NEED A

SCRIPT, RIGHT?

MR. EPSTEIN: BUT ANYONE CAN GO PICK IT UP, RIGHT?

MS. PAULIN: YES.

MR. EPSTEIN: EVEN -- EVEN IF THEY MAY NOT BE THE

PERSON. MAYBE SOMEONE MIGHT WANT TO GET IT FOR THEIR -- THEIR WIFE OR

THEIR HUSBAND OR FOR ANYONE ELSE IN THEIR FAMILY.

MS. PAULIN: RIGHT.

MR. EPSTEIN: MAYBE THEIR -- THEIR CHILD.

MS. PAULIN: RIGHT. AND ACTUALLY THE -- THE -- THE

AGE OF -- MY CURRENT AGE WOULD -- WOULD LEND TO THAT.

(LAUGHTER)

MR. EPSTEIN: THANK YOU, MS. PAULIN.

ON THE BILL, MR. EPSTEIN.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

EPSTEIN.

NYS ASSEMBLY MARCH 28, 2023

MR. EPSTEIN: SO I WANT TO APPLAUD THE SPONSOR FOR

HER LEADERSHIP HERE. I THINK IT'S A BIT OF HUMOR HERE, BUT THE REALITY IS

PEOPLE HAVE THE RIGHT TO MAKE CHOICES OVER THEIR OWN BODIES, AND THIS

IS ABOUT REPRODUCTIVE FREEDOM. AND FOR A WHOLE HOST OF REASONS

PEOPLE HAVE TO MAKE CHOICES ABOUT THEIR OWN REPRODUCTIVE CHOICES.

AND I DON'T CARE IF YOU'RE 15 OR 50, THIS IS ABOUT YOUR CHOICE AND YOUR

BODY, AND THAT'S EXACTLY WHAT THIS BILL DOES.

SO I REALLY WANT TO THANK YOU FOR YOUR LEADERSHIP, I

WANT TO THANK YOU FOR THE TIME YOU'VE PUT INTO DOING THIS, AND I

ENCOURAGE EVERYONE HERE TO VOTE IN FAVOR OF THIS BILL.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED TO THIS, ALTHOUGH THERE MAY BE

SOME THAT WISH TO VOTE IN FAVOR OF IT ON THE FLOOR OF THE ASSEMBLY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY OF THE CONFERENCE IS GOING TO BE IN FAVOR OF

THIS PROGRESSIVE PIECE OF LEGISLATION; HOWEVER, THERE MAY BE A FEW WHO

NYS ASSEMBLY MARCH 28, 2023

WOULD CHOOSE TO DO -- BE AN EXCEPTION, THEY'RE CERTAINLY WILLING TO DO

SO, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. NOVAKHOV TO EXPLAIN HIS VOTE.

MR. NOVAKHOV: THANK YOU, MR. SPEAKER. YOU

KNOW, I WAS DEBATING WITH MYSELF ON HOW TO VOTE ON THIS, AND I REALLY

WANTED TO VOTE YES. I REALLY LIKE THE BILL, THANK YOU SO MUCH. I THINK

THE ONLY PROBLEM WITH THIS BILL IS THE AGE RESTRICTION BECAUSE WE ALL

KNOW -- I MEAN, TEENS, COME ON. SOMETIMES THEY LOOK OLDER,

SOMETIMES THEY LOOK YOUNGER, SO I -- I CAN'T IMAGINE HOW A PHARMACIST

SHALL IDENTIFY THE AGE OF -- OF A TEENAGER. AND ALSO, WE -- WE COMPARED

CONDOMS TO OTHER CONTRACEPTIVES. THAT -- THAT'S A COMPLETELY DIFFERENT

THING, BECAUSE CONDOMS PROTECT FROM SEXUALLY-TRANSMITTED DISEASES

AND OTHER CONTRACEPTIVES DON'T. AND MAKING THIS EASIER TO -- TO GET IS,

YOU KNOW, SOMETHING THAT JUST -- YOU KNOW, WE DON'T WANT YOUNG GIRLS

TO START THEIR SEXUAL LIFE EARLIER JUST BECAUSE, YOU KNOW, THEY HAVE

ACCESS TO -- IT'S GOING TO BE EASIER FOR THEM TO GET THE CONTRACEPTIVE.

AND ALSO, YOU KNOW, MEN AND BOYS WOULD THINK IT IS DEFINITELY BETTER

THAN THE CONDOMS.

SO, THIS IS THE ONLY REASON I VOTED NO. AND ALSO, YOU

KNOW, I DID A LITTLE RESEARCH ON CENSUS. WE ALWAYS DISCUSS BILLS THAT --

BILLS IN REGARDS TO ABORTIONS, REGARDS TO CONTRACEPTIVES, BUT, YOU KNOW,

NYS ASSEMBLY MARCH 28, 2023

WE NEVER DISCUSS SOMETHING THAT I THINK NEEDED TO BE PROMOTED IN THE

STATE OF NEW YORK BECAUSE WE'RE NUMBER ONE. UNFORTUNATELY, WE'RE

NUMBER ONE IN LOSING POPULATION. THE STATE OF NEW YORK LOST 180,000

-- OVER 180,000 PEOPLE FROM JULY 2021 TO JULY 2022. WE'RE NUMBER

ONE IN THE COUNTRY.

ACTING SPEAKER AUBRY: MR. NOVAKHOV, YOUR

TIME HAS ELAPSED. HOW WILL YOU VOTE?

MR. NOVAKHOV: IN THE NEGATIVE, THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. GONZ�LEZ-ROJAS.

MS. GONZ�LEZ-ROJAS: THANK YOU. I RISE IN

SUPPORT OF THIS BILL THAT ALLOWS NEW YORK STATE PHARMACISTS TO EXECUTE

A NON-PATIENT SPECIFIC ORDER FROM A LICENSED PHYSICIAN, CERTIFIED NURSE

PRACTITIONER OR THE COMMISSIONER OF HEALTH FOR THE DISPENSING OF SELF-

ADMINISTERED HORMONAL CONTRACEPTIVES. I HAVE DEDICATED MY LIFE TO

FIGHTING FOR REPRODUCTIVE HEALTH, DIGNITY AND JUSTICE FOR ALL PEOPLE, NO

MATTER THEIR ZIP CODE, HOW MUCH MONEY THEY HAVE IN THEIR POCKET, OR

THEIR SOURCE OF INSURANCE. THERE'S OVERWHELMING DATA THAT

DEMONSTRATES THAT CONTRACEPTIVES ARE SAFE AND EFFECTIVE IF TAKEN AS

PRESCRIBED, SAFER EVEN THAN ASPIRIN. HOWEVER, OFTENTIMES THE RIGHT TO

REPRODUCTIVE HEALTH CARE CANNOT BE REALIZED WITHOUT ACCESS TO THAT

RIGHT. IN FACT, MANY MEDICAL ASSOCIATIONS SUPPORT FULL OVER-THE-

COUNTER ACCESS TO CONTRACEPTIVES. THIS BILL WILL ELIMINATE A CURRENT

BARRIER TO BIRTH CONTROL FOR MANY INDIVIDUALS OF REPRODUCTIVE AGE THAT

MAY NOT HAVE ACCESS TO INSURANCE OR A REGULAR PROVIDER.

NYS ASSEMBLY MARCH 28, 2023

I COMMEND THE SPONSOR FOR HER RELENTLESS ADVOCACY

FOR THIS BILL, AND I'M VERY, VERY PROUD TO VOTE IN THE -- IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. GONZ�LEZ-ROJAS

IN THE AFFIRMATIVE.

MR. ANGELINO TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. I WILL BE VOTING IN THE AFFIRMATIVE ON THIS, AND I URGE

ANYBODY WHO MIGHT BE LISTENING, BECAUSE I FOUND OUT THERE ARE, I HAD

SOME TEXT MESSAGES AND E-MAILS COMING TO ME WHEN I EXPLAINED THAT I

WASN'T SURE HOW I WAS GOING TO VOTE ON THIS. CONSTITUENTS URGED ME TO

VOTE IN FAVOR OF THIS AND THEY SENT ME DATA EXPLAINING WHY. BUT I AM

VOTING YES AND I URGE PARENTS, NOW IS THE TIME TO HAVE THE CONVERSATION

WITH CHILDREN ABOUT THE DIFFERENCE BETWEEN LOVE AND SEX, BECAUSE THIS

IS WHERE IT'S GOING TO HAPPEN. AND I APPRECIATE THE -- THE SPONSOR FROM

THE 88TH DISTRICT BRINGING THIS FORWARD. THANK YOU, MA'AM.

ACTING SPEAKER AUBRY: MR. ANGELINO IN THE

AFFIRMATIVE.

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: SO THIS BILL IS REALLY STRAIGHTFORWARD.

IT ALLOWS WOMEN TO GET REPRODUCTIVE CONTRACEPTIVES -- OR

CONTRACEPTIVES, RATHER -- EASILY, WHICH IS A GOOD THING. SO I'M LOOKING

AT THE BOARD, AND WHILE I HAVE GREAT RESPECT FOR ANYONE IN THE MINORITY

WHO'S VOTING IN FAVOR OF THIS, WITH TREMENDOUS RESPECT, EVERYBODY

VOTING AGAINST THIS SEEMS TO BE A REPUBLICAN. NOW, THIS IS

NYS ASSEMBLY MARCH 28, 2023

SYMPTOMATIC -- SYMPTOMATIC --

(BOOS/JEERING)

-- IT'S SYMPTOMATIC OF A NATIONALLY-DEBILITATING AND

DAMAGING CONDITION, AND IT'S W-R-O-P, AND THE P STANDS FOR PHOBIA.

NOW, A PHOBIA IS AN OVERWHELMING AND TERRIFYING FEAR OF AN OBJECT,

PLACE --

MR. GOODELL: MR. SPEAKER, MR. SPEAKER --

MR. LAVINE: -- SITUATION, FEELING OR ANIMAL.

MR. GOODELL: MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. GOODELL, WHY DO

YOU RISE?

MR. GOODELL: WE DO NOT ALLOW INDIVIDUALS, AS A

GENERAL RULE, COMEDY TO CALL OTHER PEOPLE NAMES, EITHER INDIVIDUALLY OR

IN A GROUP, ON THE FLOOR OF THIS ASSEMBLY. AND SO I WOULD ASK YOU TO

REMIND OUR COLLEAGUE THAT WE DON'T ENGAGE IN NAME-CALLING. THANK

YOU, SIR.

MR. LAVINE: AND -- AND -- I WON'T, I PROMISE. I

SWEAR. I -- I DON'T WANT TO OFFEND. BUT I HOPE THAT MY TIME IS RESTORED.

SO, A PHOBIA IS ALSO -- WHAT -- WHAT HAPPENS WITH A PHOBIA IS PEOPLE

DEVELOP AN EXAGGERATED OR AN UNREALISTIC SENSE OF FEAR OVER A SITUATION

OR AN OBJECT. AND I THINK THAT THE CONDITION BEING EXHIBITED BY THOSE

VOTING AGAINST THIS IS W-R-O-P. AND YOU MAY NOT BE FAMILIAR WITH IT,

BUT IT'S WOMEN'S REPRODUCTIVE ORGAN PHOBIA. AND THERE'S A TREATMENT,

AND IT'S A SELF-ADMINISTERED TREATMENT --

MR. GOODELL: MR. SPEAKER, AGAIN, I OBJECT.

NYS ASSEMBLY MARCH 28, 2023

ACTING SPEAKER AUBRY: EXCUSE ME, SIR?

MR. GOODELL: THE SPEAKER HAS NO RIGHT TO ASCRIBE

ANYTHING TO HOW OTHERS ARE VOTING OR WHY THEY ARE PERSONALLY VOTING

THIS. THIS WAS BROUGHT UP BY THE MAJORITY LEADER ONCE BEFORE WHEN

ONE OF MY COLLEAGUES --

ACTING SPEAKER AUBRY: YOUR POINT IS WELL-

TAKEN, MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

MR. --

MR. LAVINE: SO, I WILL CONCLUDE SIMPLY BY SAYING

THAT THIS PARTICULAR PHOBIA IS VERY EASILY TREATED WITH SOME

SELF-ADMINISTERED, OVER-THE-COUNTER RELIEF, A MEDICATION CONTAINING

ONLY TWO COMPONENTS; ONE IS EDUCATION AND THE SECOND IS THE RESPECT

FOR HUMAN RIGHTS, AND WOMEN'S RIGHTS ARE HUMAN RIGHTS.

THANK YOU TO THE SPONSOR, I'M VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

MS. FAHY TO EXPLAIN HER VOTE.

MS. FAHY: THANK YOU. I RISE AS THE NEW CHAIR OF

THE HIGHER ED COMMITTEE, SO THIS IS WAS ONE OF THE VERY FIRST BILLS THAT

CAME BEFORE MY COMMITTEE, SO I HAD TO GO THROUGH THIS WITH THE

SPONSOR AND I WANT TO COMMEND HER FOR HER PATIENCE IN MOVING THIS

BILL, AS WELL AS HER -- HER PERSEVERANCE IN REALLY TRYING TO ANSWER A

NUMBER OF QUESTIONS THAT ALSO CAME UP ON THE FLOOR TODAY. AND I THINK

NYS ASSEMBLY MARCH 28, 2023

IN THE END, SO MANY QUESTIONS HAVE COME UP BECAUSE WE DO HAVE SUCH

LIMITED AND -- AND INCREASINGLY SCARCE ACCESS TO HEALTH CARE. SO THIS

BECAME IMPORTANT BECAUSE ALMOST -- AN ANSWER TO EACH QUESTION

BECAME, WHAT IS THE ALTERNATIVE, WHAT IS THE ALTERNATIVE? AND OFTEN THE

ALTERNATIVE IS THAT YOUNG WOMEN, YOUNG GIRLS, DO NOT HAVE THE ACCESS,

DO NOT HAVE HEALTH HOMES, AS WE WOULD LOVE TO SEE FOR EVERY YOUNG

PERSON, LET ALONE EVERY FAMILY. AND IN TURN, THAT HEALTH PROFESSIONAL IS

THE PHARMACIST. AND AT LEAST THERE IS MORE ACCESS, EVEN THOUGH WE

LATELY ARE TALKING ABOUT MORE AND MORE PHARMACY DESERTS AS WELL. BUT

THE BOTTOM LINE IS, I THINK FOR EACH QUESTION ANSWERED TODAY, IT WAS

WHAT IS THE ALTERNATIVE. AND THE ALTERNATIVE IS OFTEN NOT HAVING ACCESS

TO HEALTH CARE, NOT HAVING ACCESS TO REPRODUCTIVE INFORMATION --

INFORMATION ON REPRODUCTIVE CHOICES, AND NOT HAVING ACCESS TO CRITICAL

CONTRACEPTIONS -- CONTRACEPTIVE MEDICATION THAT COULD PREVENT

UNWANTED PREGNANCY. SO, MANY STATES HAVE ALREADY ADOPTED THIS.

AGAIN, I COMMEND THE SPONSOR, AS WELL AS THE SPEAKER, FOR HELPING US

TO BRING THIS BILL TO THE FLOOR BECAUSE IN THE END, I THINK THIS WILL

PROVIDE BETTER HEALTH CARE, BETTER ACCESS FOR YOUNG WOMEN.

THANK YOU, AND WITH THAT I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. FAHY IN THE

AFFIRMATIVE.

MS. KELLES TO EXPLAIN HER VOTE.

MS. KELLES: THANK YOU, TO EXPLAIN MY VOTE. I JUST

WANTED -- WANTED TO ADD ONE PIECE TO THE CONVERSATION THAT -- THAT

REALLY STANDS OUT TO ME, WHICH IS THE FRUSTRATION THAT WE SEEM TO BE

NYS ASSEMBLY MARCH 28, 2023

HAVING THE SAME CONVERSATION THAT WOMEN HAVE HAD TO HAVE FOR -- FOR

DECADES AND DECADES AND DECADES. AND I HAD A CONVERSATION WITH A

COLLEAGUE JUST NOW THAT REMINDED ME OF SOMETHING I THINK THAT IS

PARTICULARLY IMPORTANT, WHICH IS WE HAVE A MISCONCEPTION THAT IF WE

KEEP PEOPLE IGNORANT OF A TOPIC, THEN THEY WON'T ENGAGE IN THAT TOPIC.

IF WE KEEP -- WE KEEP ADOLESCENTS IGNORANT OF HOW TO PROTECT

THEMSELVES, HOW TO ENGAGE IN SEXUAL ACTIVITY. WE DON'T TALK ABOUT

SEXUAL ACTIVITY AT ALL. THEY WON'T PARTICIPATE IN SEXUAL ACTIVITY AT ALL,

AND I THINK THAT THAT IS INCREDIBLY IGNORANT AND I THINK THAT IT IS

INCREDIBLY DANGEROUS. AND WE END UP WITH MANY SITUATIONS, OF COURSE,

WHERE PEOPLE AND ADOLESCENTS END UP IN SITUATIONS THAT ARE DEEPLY

UNFORTUNATE. WE KNOW THAT HAVING OPEN CONVERSATIONS, WE KNOW THAT

BUILDING TRUST WITH OUR CHILDREN IS LITERALLY THE BEST WAY THAT WE CAN BE

SUPPORTIVE. AND PARTICULARLY, AVOIDING THE CONVERSATION AND TAKING

AWAY ANY OF THE SUPPORT SYSTEMS IS LITERALLY GOING BACK INTO WHAT WE

HAVE SEEN IN THIS DISCUSSION AND HAS BEEN CALLED THE DARK AGES, AND I

REALLY HOPE THAT WE CAN MOVE ON FROM THIS CONVERSATION.

I STAND IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. KELLES IN THE

AFFIRMATIVE.

MR. DINOWITZ TO EXPLAIN HIS VOTE.

MR. DINOWITZ: SPEAKING OF NAME CALLING... SO

MAYBE I'VE HEARD WRONG, BUT JUST A FEW MINUTES AGO I THOUGHT I HEARD

SOMEBODY SAY THAT THE ONLY REASON SOMEBODY WOULD SUPPORT THIS IS IF

THEY WERE A HUMAN TRAFFICKER OR A PIMP. NOW, PERHAPS THAT WAS SAID

NYS ASSEMBLY MARCH 28, 2023

FACETIOUSLY, IT CERTAINLY WASN'T SAID WITH MUCH WISDOM, BUT THE TRUTH IS

THIS IS REALLY IMPORTANT STUFF WHEN WE'RE TALKING ABOUT THE FACT THAT

PEOPLE'S RIGHTS, WOMEN'S RIGHTS AND HEALTH CARE ARE BEING THREATENED

AROUND THE COUNTRY.

THIS IS A VERY SENSIBLE AND SIMPLE BILL THAT MAKES A

LOT OF SENSE, AND I -- I'M VERY PLEASED THAT THE SPONSOR HAS PUT THIS BILL

FORTH AND I ENTHUSIASTICALLY VOTE YES.

ACTING SPEAKER AUBRY: MR. DINOWITZ IN THE

AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. I'LL BE BRIEF.

YOU HEARD ME ON DEBATE EARLIER, BUT JUST TO MAKE IT CLEAR ABOUT WHY

I'M OPPOSED TO THIS, I THINK THAT -- THAT WHAT THE BILL SAYS IS THAT A

PRESCRIPTION CAN BE WRITTEN FOR 12 MONTHS OF A SUPPLY OF WHATEVER ORAL

CONTRACEPTION IS REQUIRED. SO ONCE A YEAR -- ONCE A YEAR, THE WOMAN OR

GIRL IS GOING TO HAVE TO GO TO THE PHARMACY AND GET ANOTHER YEAR'S

WORTH OF MEDICATION. I DON'T -- I MEAN, I -- I BELIEVE THAT THERE NEEDS --

THERE NEEDS TO BE ACCESS, I THINK THAT THERE NEEDS TO BE A LOT OF

CONVERSATIONS WITH OUR GIRLS, OUR DAUGHTERS, ABOUT SAFE SEX, STDS. I

DON'T -- I JUST DON'T WANT TO TAKE DOCTORS COMPLETELY OUT OF THE

EQUATION, AS THEY ARE HERE. I THINK DOCTORS ARE IMPORTANT. I THINK THAT

PHARMDS ARE, TOO, AND I THINK, YOU KNOW, WITH ALL RESPECT TO MY

COLLEAGUE WHO -- WHO IS A -- IS A PHARMACIST, YOU KNOW, I THINK DOCTORS

ARE IMPORTANT. AND I THINK ONE TREND I'M KIND OF SEEING WITH A LOT OF

THESE BILLS IS THE EROSION OF THE ROLE OF DOCTORS TO DEVELOP A PATIENT

NYS ASSEMBLY MARCH 28, 2023

RELATIONSHIP. I UNDERSTAND, WE'VE HAD A LOT OF TALK HERE ABOUT DESERTS

AND WOMEN HAVE A LOT TO DO, AND WOMEN CAN'T MAKE THE TIME, THEY'VE

GOT A LOT ON THEIR PLATE. WE'RE TALKING ABOUT, LIKE, ONCE A YEAR A

WOMAN'S GOT TO GO SEE HER DOCTOR, SAY, I NEED BIRTH CONTROL, AND GO GET

IT FILLED. I DON'T THINK THAT THAT'S A HEAVY BURDEN. AND I THINK IT'S MORE

PROTECTION FOR WOMEN, YOUNG AND OLD. AND, YOU KNOW, I -- I PREFER TO

NOT VOTE IN FAVOR OF THIS BILL, DESPITE THE GOOD INTENTIONS, I THINK,

BEHIND IT BECAUSE I THINK THAT DOCTORS STILL HAVE A ROLE IN OUR SOCIETY,

DESPITE SOME OF THE BILLS WE'RE SEEING COMING OUT OF OUR CHAMBER.

SO I'LL BE IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

MS. -- MS. LEVENBERG.

MS. LEVENBERG: THANK YOU, MR. SPEAKER. I JUST

WANTED TO SAY THAT, YOU KNOW, I'VE BEEN LISTENING TO THIS DEBATE FOR

SOME TIME AND I'M JUST BECOMING MORE AND MORE ENRAGED. I WANT TO

COMMEND THE SPONSOR OF THIS BILL FOR HER PATIENCE WITH THE LINE OF

QUESTIONING AND JUST POINT OUT THAT IT DOESN'T SEEM LIKE ANYONE HAS THE

CONCERN ABOUT BOYS INTERACTING WITH THEIR DOCTORS OR ANYONE ELSE

BEFORE -- TO BE EDUCATED BEFORE BECOMING SEXUALLY ACTIVE. I -- I THINK

THIS IS JUST REALLY ABOUT ACCESS AND EMPOWERING WOMEN TO HAVE CONTROL

AGAIN OVER THEIR BODIES AND OVER THEIR REPRODUCTIVE FREEDOM AND THEIR

CHOICES THAT THEY MAKE. AND I CAN'T BELIEVE THAT WE'RE STILL FIGHTING FOR

WOMEN TO HAVE THAT RIGHT TO CONTROL THEIR OWN BODIES. IT'S EXTREMELY

FRUSTRATING. AND I ALSO COMMEND MY COLLEAGUE FOR BRINGING UP THE

NYS ASSEMBLY MARCH 28, 2023

ISSUE ABOUT VIAGRA. I THINK, AGAIN, HAVING ACCESS TO CONDOMS AND

HAVING ACCESS TO BIRTH CONTROL, AGAIN, YOU DON'T HAVE TO CONSULT YOUR

DOCTOR FOR THAT AND I DON'T THINK THAT YOU SHOULD HAVE TO CONSULT YOUR

DOCTOR ABOUT CONTROLLING IT IN ANOTHER WAY THAT IS ALSO FOR YOUR OWN

BENEFIT, ESPECIALLY WHEN YOU HAVE A PHARMACIST THERE TO MAKE SURE THAT

THEY'RE PRESCRIBING IT CORRECTLY.

SO, THANK YOU AGAIN TO THE SPONSOR. I WILL BE VOTING

IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. LEVENBERG IN THE

AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I WANT TO

COMMEND THE SPONSOR FOR THIS BILL AND -- AND FOR, YOU KNOW, THIS FINE

DEBATE. I, TOO, AM CONCERNED ABOUT SOME OF THE OPINIONS THAT HAVE

BEEN EXPRESSED, OR CONCERNS THAT HAVE BEEN EXPRESSED. BUT I WANT TO

SAY SOMETHING TO MY SO MANY OF COLLEAGUES WHO'VE RAISED AGE AS AN

ISSUE, AND THAT IS THAT WE DON'T HAVE AN AGE LIMIT FOR BOYS TO GO OUT AND

BUY CONDOMS. AND WHEN PUSH COMES TO SHOVE, IT IS ALWAYS THE GIRLS

THAT END UP HOLDING THE BAG, AND WHETHER THEY ARE 16, 18, 15, 14, 13 OR

EVEN YOUNGER.

SO I AM VOTING ENTHUSIASTICALLY IN SUPPORT OF THIS BILL.

THANK YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MS. BARRETT TO EXPLAIN HER VOTE.

NYS ASSEMBLY MARCH 28, 2023

MS. BARRETT: THANK YOU, MR. SPEAKER. I, TOO,

WANT TO THANK THE SPONSOR OF THIS LEGISLATION FOR HER LEADERSHIP AND FOR

HER PATIENCE. IT'S 2023, AND THE NEW YORK STATE ASSEMBLY IS DEBATING

ACCESS TO BIRTH CONTROL. AND AS SOMEBODY WHO HAS BEEN INVOLVED IN

THE REPRODUCTIVE RIGHTS MOVEMENT SINCE I WAS A TEENAGER, I JUST FIND

THIS SO INCREDIBLY TROUBLING. THIS IS ABOUT BIRTH CONTROL ACCESS HEALTH

CARE FOR WOMEN. IT DOESN'T MATTER THE AGE IF SOMEBODY EVEN THINKS

THEY NEED BIRTH CONTROL. AND, AS MY COLLEAGUE SAID, A BOY CAN GO AND

BUY A CONDOM, BUT WE'RE PUTTING RESTRICTIONS ON GIRLS IN WAYS THAT WE

DON'T DO WITH BOYS. IT'S JUST WRONG.

SO THANK YOU TO OUR COLLEAGUE FOR LEADING THIS CHARGE,

AND THANK YOU TO ALL OF MY OTHER COLLEAGUES FOR THE THOUGHTFUL WORDS

THAT THEY SHARED. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. BARRETT IN THE

AFFIRMATIVE.

MR. BURDICK.

MR. BURDICK: THANK YOU, MR. SPEAKER. HAVING

HEARD ALL OF THE DEBATE, OR NEARLY ALL OF THE DEBATE, I -- I HAVE TO AGREE

WITH THOSE OF MY COLLEAGUES WHO SAY THAT THEY'RE REALLY ASTOUNDED AND

DISAPPOINTED THAT THERE SHOULD EVEN BE THIS KIND OF DEBATE IN 2023.

THIS JUST SHOULDN'T BE HAPPENING. THIS SHOULD BE JUST SOMETHING THAT

SAILS RIGHT THOUGH WITH ABSOLUTELY NO OPPOSITION. THIS IS A RIGHT THAT

SHOULD BE -- AS WE'RE TRYING TO ENSHRINE CERTAIN RIGHTS INTO OUR STATE

CONSTITUTION, THIS IS SOMETHING THAT SHOULD BE AN ABSOLUTE RIGHT OF ANY

WOMAN OF WHATEVER AGE. AND IT IS JUST SOMETHING THAT HAS REQUIRED SO

NYS ASSEMBLY MARCH 28, 2023

MUCH PERSEVERANCE ON THE PART OF THE SPONSOR, AND I WANT TO COMMEND

THE SPONSOR AND THE SPEAKER FOR BRINGING THIS TO THE FLOOR TODAY, AND I

ENTHUSIASTICALLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

MR. FLOOD.

MR. FLOOD: GOOD AFTERNOON. I RISE IN SUPPORT OF

THIS BILL TODAY. AS MY COLLEAGUE DID MENTION, I -- I AM PRO-LIFE, AND I

THINK WE HAVE TO DO WHAT -- WHAT WE CAN TO KEEP PEOPLE FROM HAVING

TO MAKE THESE TYPE OF DECISIONS. I'M ALSO THE FATHER OF FIVE CHILDREN,

THREE OF THEM LITTLE GIRLS. I WANT TO MAKE SURE THAT THEY HAVE THE ABILITY

TO KEEP THEMSELVES FROM HAVING TO MAKE THAT ULTIMATELY DIFFICULT

DECISION OF HAVING AN UNTIMELY PREGNANCY AND HAVING TO DECIDE

WHETHER TO KEEP THAT PREGNANCY OR TERMINATE IT. I THINK THIS BILL PUTS IN

A LARGE STEP IN ALLOWING, YOU KNOW, PEOPLE HAVING THE OPPORTUNITIES TO

NOT HAVE TO MAKE THAT DECISION, BECAUSE AS MY COLLEAGUE DID SAY, YOU

KNOW, WE'RE NOT LOOKING TO ENCOURAGE TEENAGE SEX, BUT THE PRAGMATIC

PART OF ME SAYS IT HAPPENS. AND I'D LIKE TO BE ABLE TO ENSURE THAT

EVERYONE HAS THE BASIC OPPORTUNITY TO NOT ADD MISTAKE ON TOP OF

MISTAKE.

SO I'LL BE VOTING IN THE AFFIRMATIVE. I ACTUALLY

ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: MR. FLOOD IN THE

AFFIRMATIVE. THANK YOU.

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

NYS ASSEMBLY MARCH 28, 2023

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I HAVE TO SAY, I -- I'VE LISTENED TO MOST OF THE DEBATE HERE

TODAY, AND EVERYBODY HAS AN OPINION ON THIS TOPIC, AND I ACTUALLY

BELIEVE THAT THIS IS A TOPIC THAT SHOULD BE DISCUSSED IN SOMEBODY'S

KITCHEN OR SOMEBODY'S BEDROOM, BETWEEN THE FAMILY WHO IS MAKING

THE DECISION TO USE THIS. BUT, UNFORTUNATELY, THIS IS AN ISSUE THAT DOES

COME BEFORE GOVERNMENT ON A REGULAR BASIS, AND I AM PROUD TO BE A

PART OF GOVERNMENT THAT WILL VOTE IN SUPPORT OF IT.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I LISTENED TO THE

DEBATE, THE COMMENTS. THANK YOU TO MY COLLEAGUES. WHAT I FIND

INTERESTING IS A LOT OF THE COMMENTS I DIDN'T THINK ACTUALLY RELATED TO

THIS BILL. I'M NOT AWARE OF ANYONE IN THIS CHAMBER TODAY WHO HAS

ARGUED AGAINST ALLOWING ORAL CONTRACEPTIVES, HORMONAL THERAPY, TO BE

AVAILABLE. THAT IS NOT WHAT THIS BILL DOES. THE BILL DOESN'T SAY WE'RE

GOING TO TAKE SOMETHING THAT'S ILLEGAL AND NOW MAKE IT LEGAL. WE'RE

GOING TO TAKE THE PILL AND MAKE IT NOW LEGAL. THAT'S NOT WHAT THIS BILL

DOES. THIS BILL DOES ONE THING ONLY; IT ELIMINATES ANY REQUIREMENT THAT

A GIRL OR A WOMAN GET A PRESCRIPTION FOR THESE CONTRACEPTIVES FROM A

PHYSICIAN AFTER AN EXAMINATION OR DISCUSSION WITH THE PHYSICIAN OR

WITH -- WITH A MEMBER OF THE PHYSICIAN'S OFFICE. THAT'S ALL THIS BILL

DOES. SO THERE ARE SEVERAL COLLEAGUES OF MINE WHO THINK IT'S IMPORTANT

FOR A PHYSICIAN TO BE INVOLVED IN THE PROCESS. THAT'S NOT SAYING THAT

NYS ASSEMBLY MARCH 28, 2023

MY COLLEAGUES WHO SUPPORT HAVING A PHYSICIAN INVOLVED IN THE PROCESS

ARE OPPOSED TO ALLOWING ANYONE TO HAVE CONTRACEPTIVES. THAT'S NOT

WHAT THIS BILL DOES. THAT'S NOT WHAT IT'S ABOUT. IT'S NOT ABOUT ACCESS,

IT'S ABOUT PHYSICIAN REVIEW. IT'S NOT ABOUT EMPOWERMENT, IT'S ABOUT

WHETHER A PHYSICIAN IS INVOLVED IN THE PROCESS. I AGREE WITH MY

COLLEAGUES THAT THERE SHOULDN'T BE A DEBATE OVER THE ROLE OF PHYSICIANS

IN REVIEWING THIS ISSUE WITH A PATIENT.

FOR THAT REASON, I OPPOSE IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

ASK THAT YOU WOULD PLEASE WELCOME SOME GUESTS THAT ARE -- THAT ARE IN

OUR CHAMBERS. ACTUALLY, PASTOR GREG MERRIWEATHER FROM OUR

COLLEAGUE MR. ZEBROWSKI'S DISTRICT HAS BEEN HERE WITH US FOR AWHILE.

HE IS THE PASTOR FROM CALVARY BAPTIST CHURCH IN HAVERSTRAW, NEW

YORK. AND AGAIN, MR. SPEAKER, HE IS A GUEST OF OUR COLLEAGUE MR.

ZEBROWSKI.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, MR. ZEBROWSKI -- SIR, IT'S BEEN A LONG DAY.

GLAD THAT YOU COULD BE WITH US. WE EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR. HOPE THAT YOU HAVE ENJOYED THE DEBATE AND UNDERSTAND A LITTLE

NYS ASSEMBLY MARCH 28, 2023

BIT BETTER THE LEGISLATIVE PROCESS. WE WILL CERTAINLY BE HAPPY TO HAVE

YOU AGAIN. THANK FOR YOUR PERSEVERANCE, WE APPRECIATE IT.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WE

ACTUALLY HAVE ANOTHER GUEST IN OUR CHAMBERS OF OUR COLLEAGUE, MR.

BILLY JONES. SHE IS THE MAYOR OF MALONE AND SHE'S ALSO A FRANKLIN

COUNTY -- COUNTY LEGISLATOR. HER NAME IS ANDREA DUMAS. WOULD

YOU PLEASE WELCOME HER TO OUR CHAMBERS.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES AND MR. JONES, ANDREA, WELCOME TO THE NEW

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

HOPE YOU HAVE ENJOYED THE DEBATE AS WE'VE ENGAGED TODAY. KNOW

THAT YOU ARE ALWAYS WELCOME HERE IN THE PEOPLE'S HOUSE. THANK YOU

SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

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

COULD PLEASE CALL ON OUR COLLEAGUE MR. JACOBSON FOR AN ANNOUNCEMENT.

ACTING SPEAKER AUBRY: MR. JACOBSON FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. JACOBSON: I KNOW THAT ALL OF OUR -- MY

COLLEAGUES IN THE MAJORITY HAVE BEEN WONDERING WILL WE OR WON'T WE,

AND WE WILL, HAVE CONFERENCE IMMEDIATELY AFTER THIS SESSION IN

HEARING ROOM B.

100

NYS ASSEMBLY MARCH 28, 2023

ACTING SPEAKER AUBRY: MAJORITY CONFERENCE,

HEARING ROOM B IMMEDIATELY FOLLOWING SESSION.

MRS. PEOPLES-STOKES.

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

HAVE FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: FINE RESOLUTIONS WE

HAVE HERE, MRS. PEOPLES-STOKES. WE'LL TAKE THEM UP IN ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 241-248

WERE UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. BEFORE WE ADJOURN, I WANT TO ALERT MEMBERS THAT THERE'S

GOING TO BE A TIME CHANGE FOR SESSION ON TOMORROW THAT WAS

PREVIOUSLY ANNOUNCED. AND SO NOW I WILL MOVE THAT THE ASSEMBLY

STAND ADJOURNED UNTIL 1:00 P.M., WEDNESDAY, MARCH 29TH, TOMORROW

BEING A SESSION DAY.

ACTING SPEAKER AUBRY: IT BEARS REPEATING.

SESSION TOMORROW, 1:00 P.M.

THE ASSEMBLY STANDS ADJOURNED.

(WHEREUPON, AT 4:50 P.M., THE HOUSE STOOD ADJOURNED

UNTIL WEDNESDAY, MARCH 29TH AT 1:00 P.M., THAT BEING A SESSION DAY.)

101