WEDNESDAY, APRIL 26, 2023 10:56 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
CHAPLAIN SHAWN LEE WILL OFFER A PRAYER.
CHAPLAIN SHAWN LEE: I INVITE YOU TO JOIN ME
IN PRAYER.
ALMIGHTY GOD, YOU HAVE CREATED EACH OF US IN YOUR
OWN PRECIOUS IMAGE, AND YET WITH UNIQUE STORIES AND DIFFERENT
BACKGROUNDS. LORD, YOU GIVE EACH OF US THE PRIVILEGE OF BEING
AMERICANS AND CALLING NEW YORK HOME. SO I THANK YOU FOR THIS
LEGISLATIVE BODY. BLESS EACH OF THE 150 MEMBERS OF THE ASSEMBLY
WHO REPRESENT EACH OF THEIR DIVERSE DISTRICTS. BLESS THE STAFF WHO MADE
THIS ASSEMBLY RUN. MAY THEY BRING OUT THE VOICE OF THE PEOPLE OF THE
EMPIRE STATE FROM EACH REGION, FROM THE CITY TO THE GREAT LAKES, FROM
1
NYS ASSEMBLY APRIL 26, 2023
LONG ISLAND TO THE NORTH COUNTRY. MAY EACH ASSEMBLYMEMBER
DEBATE AND LEGISLATE WITH CHARACTER AND A PASSION TO MEET THE
CHALLENGES WHICH NEW YORK STATE WILL FACE IN THE YEARS TO COME. MAY
THE WORK OF THESE MEMBERS HELP BUILD A STATE WHERE EVERY DREAM CAN
STRIVE HIGHER AND EVER UPWARDS WHILE THEIR COMMUNITIES ALSO CONTINUE
TO CARE FOR THE LEAST OF THESE. I ALSO THANK YOU FOR NEW YORK'S HISTORIC
RELATIONSHIP WITH THE UNITED STATES MILITARY ACADEMY. MAY NEW
YORK STATE LONG CONTINUE TO PROVIDE THE NATION WITH THE CHALLENGING
AND FERTILE GROUND NEEDED TO EDUCATE, TRAIN AND INSPIRE AMERICA'S
FUTURE LEADERS.
EXCELSIOR, I PRAY. AMEN.
MEMBERS: AMEN.
ACTING SPEAKER AUBRY: VISITORS ARE INVITED
TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, APRIL 25TH.
MS. SOLAGES.
MS. SOLAGES: MR. SPEAKER, I MOVE TO DISPENSE
WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, APRIL 25TH AND THAT
THE SAME STANDS APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MS. SOLAGES.
2
NYS ASSEMBLY APRIL 26, 2023
MS. SOLAGES: WELL, THANK YOU, MR. SPEAKER. I'M
GOING TO START THE DAY OFF WITH A QUOTE FROM JONATHAN WILLIAMS, THE
FIRST SUPERINTENDENT OF THE UNITED STATES MILITARY ACADEMY AT WEST
POINT. HE SAID, SOMETIMES THE MAIN OBSTACLE TO OUR SUCCESS IS NOT THE
SIZE OF OUR OWN ABILITY, BUT OUR MENTALITY. AND SO IN ADDITION TO HIM
BEING THE FIRST SUPERINTENDENT OF WEST POINT, JONATHAN WILLIAMS IS ALSO
AN AMERICAN BUSINESSMAN, A MILITARY LEADER, A WRITER, A CHIEF OF THE
ENGINEER [SIC] OF THE ARMY CORPS OF ENGINEERS, AND ALSO A MEMBER OF
CONGRESS.
AND SO AS WE MOVE THROUGH OUR DAY, WE HAVE A LOT OF
WORK DO. AND SO I THANK MEMBERS BECAUSE ON THEIR DESK IS A MAIN
CALENDAR. AFTER ANY INTRODUCTIONS OR HOUSEKEEPING WE WILL BEGIN OUR
WORK ON THE FLOOR TODAY BY TAKING UP A RESOLUTION ON PAGE 3. AFTER
THAT WE WILL THEN TAKE UP BILLS ON CONSENT STARTING WITH CALENDAR NO.
120 ON PAGE 13. MEMBERS SHOULD BE AWARE THAT THERE WILL BE A
CONDUCTING OF OUR TRADITIONAL WEST POINT CELEBRATION TODAY AT NOON.
AFTER OUR WEST POINT DAY WE WILL BEGIN OUR EARTH DAY -- OR EXCUSE
ME, WE WILL CONTINUE OUR EARTH DAY PACKAGE ON BILLS, CALENDAR NO.
102 BY MR. RIVERA, CALENDAR NO. 139 BY MS. RAJKUMAR, AND CALENDAR
-- RULES CALENDAR -- EXCUSE ME, RULES REPORT NO. 123 BY MS. GLICK.
AS WE PROCEED I WILL MAKE ANY ANNOUNCEMENTS ABOUT ANY FURTHER
LEGISLATIVE ACTIVITY, BUT WITH THAT AS A GENERAL OUTLINE, IF THERE ARE ANY
OTHER INTRODUCTIONS OR HOUSEKEEPING NOW WOULD BE THE APPROPRIATE
TIME.
ACTING SPEAKER AUBRY: THANK YOU, MS.
3
NYS ASSEMBLY APRIL 26, 2023
SOLAGES. NO HOUSEKEEPING, BUT WE DO HAVE A INTRODUCTION BY MR.
MCGOWAN.
MR. MCGOWAN: THANK YOU, MR. SPEAKER. I RISE
TODAY TO INTRODUCE VERY SPECIAL GUESTS FROM DISTRICT 97 IN ROCKLAND
COUNTY, THE TAPPAN ZEE HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM,
WHO WON THE NEW YORK STATE CLASS A CHAMPIONSHIP THIS PAST MARCH,
AND TWO-TIME GYMNASTICS STATE CHAMPION CARLY SARDO. THESE
VICTORIES ARE A TESTAMENT TO THE DEDICATION, HARD WORK AND
PERSEVERANCE OF THESE FINE STUDENT ATHLETES, AND WE ARE PROUD TO HAVE
THEM WITH US TODAY IN THE ASSEMBLY CHAMBER. WE WISH TO
CONGRATULATE THE BOYS BASKETBALL TEAM ON THEIR HISTORIC PERFORMANCE
AND SECURING THE STATE CHAMPIONSHIP AS THE ONLY TEAM FROM SECTION 1
EVER TO WIN A CLASS A CHAMPIONSHIP. MEMBERS OF THE TEAM ARE SEAN
BERRIGAN, TOMMY LINEHAN, JACK MALONEY, ISAIAH LEVEILLE, TJ TARPEY,
BILLY ALEXIOU, NICK LANGE, XAVIER LEVEILLE, PAT LINEHAN, JACK
PICCIONE, PATRICK STAKER, DREW DILLON, NOLAN COOK. AND THIS VICTORY
WOULD NOT BE POSSIBLE WITHOUT THE TREMENDOUS WORK OF THE COACHING
STAFF, OFFERING THEIR KNOWLEDGE, GUIDANCE AND INSTRUCTION THROUGHOUT
THE SEASON, LED BY HEAD COACH GEORGE GAINE, ASSISTANT COACHES CHRIS
RASTELLI, BRIAN MCLAUGHLIN, RYAN ADAMS AND DAN MCGANN. AND WE
HAVE WITH US TZ'S ATHLETIC DIRECTOR BILL PILLA.
WE ARE ALSO PROUD TO HAVE CARLY SARDO, WHO IS A TWO-
TIMES STATE GYMNASTICS CHAMPION. MS. SARDO WAS ALSO NAMED
ROCKLAND GYMNAST OF THE YEAR BY LOHUD.COM. AND WE CONGRATULATE
HER COACH, AUDREY DONAHUE FOR ALL OF HER HARD WORK IN HELPING CARLY
4
NYS ASSEMBLY APRIL 26, 2023
ACHIEVE THIS GREAT HONOR. SO TO OUR BASKETBALL TEAM, YOU HAVE SOME
CATCHING UP TO DO AS WE HOPE TO RECOGNIZE YOU NEXT YEAR AS THE REPEAT
CHAMPIONS. AND TO MISS SARDO, AS WELL AS ALL SENIORS, WE WISH YOU THE
BEST AS YOU MOVE TO COLLEGE NEXT YEAR.
I'LL LEAVE YOU WITH A QUOTE FROM THE IMMORTAL VINCE
LOMBARDI. WHILE PERFECTION IS NOT OBTAINABLE, IN OUR PURSUIT OF
PERFECTION MAY WE FIND EXCELLENCE. YOU ALL CERTAINLY FOUND EXCELLENCE
THIS YEAR, AND I'M CONFIDENT YOU WILL CONTINUE TO DO SO AND WILL
CONTINUE TO MAKE ROCKLAND COUNTY PROUD.
MR. SPEAKER, I RESPECTFULLY REQUEST THAT YOU EXTEND TO
OUR GUESTS ALL THE PRIVILEGES AND CORDIALITIES OF THE FLOOR. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: CERTAINLY, MR.
MCGOWAN. ON BEHALF OF MR. MCGOWAN, THE SPEAKER AND ALL THE
MEMBERS, WE WELCOME THESE EXTRAORDINARY ATHLETES HERE TO THE NEW
YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.
FOR BOTH BASKETBALL AND FOR GYMNASTICS, WE APPLAUD YOUR VICTORIES.
WE KNOW THAT THOSE VICTORIES ARE JUST THE BEGINNING OF A SUCCESSFUL LIFE
THAT ALL OF YOU CAN LIVE. PLEASE REMEMBER THE HARD WORK THAT TOOK YOU
TO THESE POINTS AND IT WILL HELP YOU MOVE THROUGH YOUR LIVES. CONTINUE
THAT GREAT WORK AND THANK YOU. AND TO THE COACHES, THANK YOU FOR THE
WORK THAT YOU'VE DONE WITH THESE YOUNG PEOPLE, HELPING THEM ACHIEVE
THEIR DREAMS. CONGRATULATIONS.
(APPLAUSE)
MS. LEVENBERG FOR THE PURPOSES OF A INTRODUCTION.
5
NYS ASSEMBLY APRIL 26, 2023
MS. LEVENBERG: THANK YOU SO MUCH, MR.
SPEAKER. I RISE TO INTRODUCE MY FAMILY HERE TODAY. THEY WERE NOT ABLE
TO JOIN ME ON -- DURING OUR INAUGURATION, OUR SWEARING IN, AND I'M
HAPPY THAT THEY ARE ABLE TO COME HERE TODAY AND WILL SHORTLY BE GOING
ON A TOUR OF THE BEAUTIFUL CAPITOL. MY MOTHER-IN-LAW SANDRA GORDON-
HERSH, AND MY HUSBAND'S COUSIN, AND MY COUSIN, THEREFORE, DEB
GORDON AND HER BEAUTIFUL DAUGHTER, ALLY MCNEILLY. AND I'M SO HAPPY
TO HAVE THEM ALL HERE TODAY. MY MOTHER-IN-LAW IS A FANTASTIC ARTIST AND
WRITER AND POET, AND MY -- MY COUSIN IS A DESIGNER, AND ALLY PLAYS
TRACK AND FIELD, SOFTBALL AND SOCCER.
SO PLEASE, CAN YOU EXTEND THE CORDIALITIES OF THE
HOUSE TO THEM TODAY? THANK YOU SO MUCH.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. LEVENBERG, 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, AND AS FAMILY BECAUSE YOU'RE A PART OF OUR
FAMILY YOU'LL ALWAYS HAVE PRIVILEGES TO THE FLOOR. WE'RE PLEASED THAT
YOU COULD JOIN DANA TODAY AND ENJOY THE PROCEEDINGS. TODAY IS A VERY
SPECIAL DAY HERE IN THE ASSEMBLY. HOPE THAT YOU ARE SUCCESSFUL IN
YOUR ATTEMPTS TODAY TO BE A PART OF OUR FAMILY. THANK YOU SO VERY
MUCH.
(APPLAUSE)
MS. ROZIC FOR THE PURPOSES OF A INTRODUCTION.
MS. ROZIC: THANK YOU, MR. SPEAKER AND MADAM
MAJORITY LEADER. I HAVE THE PLEASURE TODAY OF INTRODUCING JOSH
6
NYS ASSEMBLY APRIL 26, 2023
KRAMER AND MARISA BEARAK FROM AJC NEW YORK, ALONG WITH BOARD
MEMBERS FROM AJC NEW YORK AND WESTCHESTER. THE AMERICAN
JEWISH COMMITTEE IS A GLOBAL ADVOCACY ORGANIZATION REPRESENTING
MANY JEWISH COMMUNITIES AROUND THE WORLD. AJC WORKS TO COUNTER
AND COMBAT ANTI-SEMITISM, BUILD SUPPORT FOR THE STATE OF ISRAEL, AND
ADVANCE DEMOCRATIC VALUES AROUND THE GLOBE. AS ANTI-SEMITISM
REMAINS AT RECORDS HIGH, I WORK CLOSELY WITH AJC TO ENSURE THAT ALL
STUDENTS IN NEW YORK ARE PROPERLY EDUCATED ON THE HOLOCAUST AND ON
ANTI-SEMITISM AT-LARGE. AJC IS AN ORGANIZATION THAT SHOWS UP
WHENEVER AND WHEREVER THEY ARE NEEDED, ALWAYS WILLING TO DO THE
THANKLESS ADVOCACY WORK AND COMMUNITY WORK TO STAND UP FOR THE
JEWISH COMMUNITY.
IT'S MY HONOR TODAY THAT WE ASK AND WELCOME AJC TO
THE PEOPLE'S HOUSE AND EXTEND ALL OF THE CORDIALITIES TO THE FLOOR.
THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. ROZIC, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS
DISTINGUISHED GROUP HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR, APPLAUD YOU ON THE WORK THAT YOU DO TO
ENSURE THAT WE ALL REMEMBER THE HUMANITY OF ALL PEOPLE IN THIS COUNTRY
AND IN THIS WORLD. PLEASE CONTINUE THAT GREAT WORK. YOU ARE ALWAYS
WELCOME HERE.
(APPLAUSE)
PAGE 3, RESOLUTIONS, ASSEMBLY NO. 361. THE CLERK
WILL READ.
7
NYS ASSEMBLY APRIL 26, 2023
THE CLERK: ASSEMBLY RESOLUTION NO. 361, MS.
MCMAHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 2023 AS SEXUAL ASSAULT AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. MCMAHON ON THE
RESOLUTION.
MS. MCMAHON: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS IMPORTANT RESOLUTION. TODAY WE CALL
UPON GOVERNOR HOCHUL TO PROCLAIM APRIL SEXUAL ASSAULT AWARENESS
MONTH IN THE STATE OF NEW YORK IN CONJUNCTION WITH NATIONAL SEXUAL
ASSAULT AWARENESS MONTH. SEXUAL ASSAULT AWARENESS MONTH IS A
TIME TO SHINE A LIGHT ON THIS LONG-SIMMERING PROBLEM FACING OUR
COMMUNITIES. HERE ARE SOME SOBERING STATISTICS: IN THE UNITED STATES
THERE IS AN INCIDENT OF SEXUAL ASSAULT EVERY 68 SECONDS, AND EVERY NINE
MINUTES THAT VICTIM IS A CHILD. MOST CHILD VICTIMS ARE BETWEEN THE
AGES OF 12 AND 17, WHILE 34 PERCENT OF CHILD VICTIMS ARE UNDER THE AGE
OF 12. CONCERNS ABOUT SEXUAL ASSAULT ON COLLEGE CAMPUSES AND IN
COLLEGE COMMUNITIES HAVE BEEN STEADILY RISING AS WELL. THIRTEEN
PERCENT OF UNDERGRADUATE AND GRADUATE STUDENTS HAVE EXPERIENCED RAPE
OR SEXUAL ASSAULT THROUGH FORCE, VIOLENCE OR INCAPACITATION. WHILE
THESE CRIMES MOST OFTEN IMPACT WOMEN, THIS PROBLEM KNOWS NO
GENDER, AS ONE IN 33 MEN ALSO EXPERIENCE SEXUAL VIOLENCE. SEXUAL
ASSAULT IS A DISTURBING ISSUE, BUT SILENCE AND LACK OF KNOWLEDGE PLAY A
LARGE PART IN WHY THIS PROBLEM PERSISTS.
8
NYS ASSEMBLY APRIL 26, 2023
SEXUAL ASSAULT AWARENESS MONTH PRESENTS AN
OPPORTUNITY NOT JUST TO SHINE A LIGHT ON THIS PROBLEM, BUT TO EXPLORE
WAYS TO PREVENT SEXUAL ASSAULT, TO PROVIDE JUSTICE FOR THE VICTIMS OF
THESE CRIMES AND TO ENSURE SAFER SCHOOLS, WORKPLACES AND COMMUNITIES
IN THE FUTURE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. I WOULD LIKE
TO THANK THE SPONSOR FOR BRINGING THIS RESOLUTION FORWARD. THIS PAST
WEEK WE MET WITH MANY CORRECTIONS OFFICERS THAT WERE SEXUALLY
ASSAULTED, AND IT IS A LIFELONG TRAUMA TO BE SEXUALLY ASSAULTED, NO
MATTER WHERE YOU ARE. AND WE NEED TO PROTECT WOMEN. WE NEED TO
MAKE SURE THAT THEIR RIGHTS ARE PRESERVED AND THAT THEY ARE NOT BEING
SEXUALLY ASSAULTED, THAT THEY ARE BEING TREATED WITH THE UTMOST RESPECT.
SO I WANT TO AGAIN THANK THE SPONSOR FOR THIS
RESOLUTION, AND THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 362, MS.
JEAN-PIERRE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 25, 2023 AS TEACHER DIVERSITY DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. JEAN-PIERRE ON
9
NYS ASSEMBLY APRIL 26, 2023
THE RESOLUTION.
MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS IMPORTANT RESOLUTION. IT IS EVIDENT THAT
RACIAL DISPARITY EXISTS BETWEEN TEACHERS AND STUDENTS IN SCHOOLS
THROUGHOUT THE STATE. FOR EXAMPLE, ON LONG ISLAND 28 PERCENT OF
PUBLIC SCHOOLS DO NOT HAVE A SINGLE NON-WHITE TEACHER, AND 60 PERCENT
OF STUDENTS HAVE LESS THAN FIVE PERCENT OF NON-WHITE TEACHERS.
SHOCKINGLY, 212,000 STUDENTS WILL NEVER GET THE CHANCE TO SEE A BLACK
TEACHER THROUGHOUT THEIR SCHOOL CAREER. MANY STUDENTS ARE NOT LEARNING
FROM TEACHERS AND FACULTY THAT LOOK LIKE THEM. OR ME. AND THERE IS A
NEED FOR INCREASING MINORITY TEACHERS AND SUPPORT SYSTEMS THAT SEEK TO
GIVE RESOURCES AND EDUCATIONAL OPPORTUNITIES TO UNDERREPRESENTED
GROUPS. NEW YORK STATE HAS MADE SIGNIFICANT STRIDES IN PROMOTING
DIVERSITY, EQUITY AND INCLUSION IN SCHOOLS ACROSS THE STATE. FOR
EXAMPLE, THE STATE BOARD OF REGENTS HAS ENACTED POLICIES THAT SCHOOLS
SHOULD FOSTER ENVIRONMENTS IN WHICH EDUCATIONAL ENGAGEMENT AND
LEARNING IS A TOP PRIORITY. THESE INITIATIVES, FRAMEWORKS AND POLICIES
ALL SHARE THE COMMON GOAL, PROMOTING EQUITABLE SOLUTIONS TO TEACHING,
COMMUNITY ENGAGEMENT AND LEARNING SO THAT OUR STUDENTS OF COLOR CAN
HAVE THE EDUCATIONAL EXPERIENCE THEY DESERVE. BY HAVING TEACHERS
FROM DIVERSE BACKGROUNDS, STUDENTS WILL BE ABLE TO BRING THEIR OWN
UNIQUE PERSPECTIVES TO THE CLASSROOM AND ENGAGE IN MORE MEANINGFUL
AND FULFILLING LEARNING EXPERIENCES. STUDENTS HAVE SHOWN THAT IN A
MORE DIVERSE EDUCATIONAL ENVIRONMENT LEADS TO HIGHER TEST SCORES, A
DECREASE IN DROPOUT RATES AND A HIGHER LIKELIHOOD OF STUDENTS ATTENDING
10
NYS ASSEMBLY APRIL 26, 2023
COLLEGE. THESE OUTCOMES ARE JUST A SMALL PART OF HOW SUCCESSFUL
STUDENTS CAN BE WITH GIVEN PROPER SUPPORT SYSTEMS. AS A LEGISLATIVE
BODY WE UNDERSTAND THE IMPORTANCE -- IMPORTANCE OF EDUCATING OUR
YOUNG STUDENTS TO BECOME A NEW GENERATION OF LEADERS THAT WOULD
CHANGE THE WORLD. IN ORDER TO HELP IMPROVE EDUCATIONAL OUTCOMES, IT
IS IMPERATIVE THAT WE BRING AWARENESS TO THE ISSUES OF INCREASING
TEACHER DIVERSITY SO THAT STUDENTS CAN LEARN FROM EDUCATORS THAT LOOK
LIKE THE DISTRICTS THEY SERVE.
ULTIMATELY, I AM PROUD TO HAVE THE OPPORTUNITY TO
SPONSOR THIS RESOLUTION, AND I AM -- AND I THANK MY COLLEAGUES FOR
JOINING ME IN SUPPORT. OUR TEACHERS PLAY AN ESSENTIAL ROLE IN SHAPING
THE FUTURE OF OUR COMMUNITIES AND OUR SOCIETY, AND WE MUST DO
EVERYTHING IN OUR POWER TO SUPPORT THEM. GOD BLESS OUR TEACHERS AND
GOD -- AND CONTINUE TO BLESS OUR TEACHERS AND GIVE THEM THE STRENGTH
FOR THE GOOD WORK THAT THEY DO. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SAYEGH.
MR. SAYEGH: THANK YOU VERY MUCH, MR. SPEAKER.
I WANTED TO RISE TO THANK THE SPONSOR AND TO REALLY SPEAK ON THE NEED
FOR DIVERSITY IN OUR SCHOOLS AND OUR CLASSROOMS. AS AN EDUCATOR FOR
SOME 40 YEARS, I CAN TELL YOU FIRSTHAND WHEN THE FACES OF YOUR STAFF,
WHETHER ADMINISTRATORS, TEACHERS, TEACHER AIDES, REFLECT THE STUDENTS
YOU TEACH AND SERVE, IT TREMENDOUSLY IMPROVES THE ACADEMIC LEARNING
ATMOSPHERE. AND I'M IN SUPPORT AND ENCOURAGE ALL OF US TO SUPPORT
GROW YOUR OWN INITIATIVES THAT ARE PRESENTLY BEFORE THIS BODY AND
11
NYS ASSEMBLY APRIL 26, 2023
OTHERS IN LOCAL, STATE AND COUNTY TO PROMOTE MORE DIVERSITY IN HIRING,
WHETHER IN EDUCATION AND OTHER FIELDS.
THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 363, MS.
JACKSON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 27, 2023 AS TAKE OUR DAUGHTERS AND
SONS TO WORK DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. JACKSON ON THE
RESOLUTION.
MS. JACKSON: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS RESOLUTION. AS MOST OF YOU KNOW, I BRING
MY SON TO WORK WITH ME ALMOST EVERY DAY AND SURPRISINGLY HE'S
ACTUALLY NOT HERE WITH ME. BUT I REMEMBER BEING FIVE YEARS OLD AND
MY DAD WOULD TAKE ME TO HIS OFFICE AND I HAD NO CLUE WHAT HE DID, I
HAD NO CLUE WHAT HIS TITLE WAS, BUT I WAS EXCITED TO BE THERE TO SEE
PEOPLE DRESSED UP AND RUNNING AROUND MAKING DECISIONS THAT SEEMED
LIKE THEY WERE IMPORTANT. AND -- AND -- AND WHAT IT -- WHAT IT SPARKED
IN ME WAS JUST THE -- JUST TO KNOW THAT EXPOSURE MEANS EVERYTHING. SO
IT'S -- IT'S EXTREMELY IMPORTANT THAT WE CONTINUE TO BRING OUR SONS AND
BRING OUR DAUGHTERS TO WORK SO THAT THEY CAN SEE WHAT IS POSSIBLE.
YESTERDAY I HAD A YOUNG MAN FROM MY DISTRICT HERE, AND I REMEMBER
12
NYS ASSEMBLY APRIL 26, 2023
WHEN I WAS 17 I DIDN'T EVEN KNOW WHERE ALBANY WAS, WHAT
LEGISLATURES DID. BUT THIS YOUNG MAN AT 17 YEARS OLD GOT TO SEE AND
MEET LEGISLATURES [SIC] AND KNOW THAT HE CAN BE ONE OF US ONE DAY. SO
IT'S EXTREMELY IMPORTANT FOR US TO CONTINUE TO BRING OUR CHILDREN TO
WORK, LET THEM MEET OUR COLLEAGUES, EVEN THE ONES THAT WE DON'T GET
ALONG WITH, LET THEM KNOW THAT -- LET THEM KNOW THAT EVERYTHING IS
POSSIBLE. BUT WHAT'S POSSIBLE IS WHAT YOU CAN SEE. YOU MUST SEE IT
FIRST IN ORDER TO KNOW THAT YOU CAN DO IT.
SO THANK YOU, MR. SPEAKER, FOR ALLOWING ME TO SPEAK
ON THIS RESOLUTION.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 364, MR.
TAGUE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 30, 2023 AS THERAPY ANIMAL DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. TAGUE ON THE
RESOLUTION.
MR. TAGUE: THANK YOU. THANK YOU, MR. SPEAKER.
I RISE TODAY TO SPEAK ON THIS LEGISLATIVE RESOLUTION COMMEMORATING
APRIL 30, 2023 AS THERAPY ANIMAL DAY IN THE STATE OF NEW YORK IN
CONJUNCTION WITH THE NATIONAL THERAPY ANIMAL DAY. MR. SPEAKER, I
KNOW MANY OF MY COLLEAGUES, LIKE ME, HAVE PETS BACK AT HOME, AND
13
NYS ASSEMBLY APRIL 26, 2023
SOME OF MY COLLEAGUES EVEN TRAVEL BACK AND FORTH TO THE STATE CAPITOL
BRINGING THEIR PETS WITH THEM. WE CAN ALL APPRECIATE THE VALUE OF
COMPANIONSHIP, LOYALTY AND BENEFITS FROM HAVING THESE BELOVED
ANIMALS IN OUR LIVES. THIS IS A MAG -- THIS IS MAGNIFIED WHEN THAT
ANIMAL IS YOUR THERAPY ANIMAL, WHO YOU DEPEND ON NOT ONLY FOR
AFFECTION AND COMFORT, BUT FOR HEALING, THERAPY AND PERHAPS A WIDE
VARIETY OF OTHER ESSENTIAL DAILY TRAINED SKILLS. THERAPY ANIMALS AND
THEIR HANDLERS CAN BE FOUND HELPING PEOPLE OF ALL AGES IN A VARIETY OF
SETTINGS INCLUDING HOSPITALS, PEDIATRIC CARE UNITS, SCHOOLS, LIBRARIES,
NURSING HOMES AND ASSISTED LIVING FACILITIES. THERAPY ANIMALS ARE
DEDICATED TO HELPING PEOPLE WITH A WIDE VARIETY OF NEEDS FROM
THERAPEUTIC VISITATION ANIMALS TO ANIMAL-ASSISTED THERAPY. ANIMALS OF
ALL TYPES CAN HELP WITH PHYSICAL AND OCCUPATIONAL THERAPY. THERAPY
ANIMALS ALSO INCLUDE THOSE SPECIALIZED IN ALZHEIMER'S DISEASE, MENTAL
ILLNESS AND THOSE WORKING WITH WARTIME VETERANS WHO ARE TRANSITIONING
BACK INTO CIVILIAN LIFE.
THIS RESOLUTION ALSO COMMEMORATES THE THOUSANDS OF
DEDICATED HANDLERS WHO VOLUNTEER THEIR TIME AND COMPASSION TRAINING
ANIMALS, CARING FOR THEM AND HELPING DURING VISITS.
MR. SPEAKER, I ENCOURAGE MY COLLEAGUES TO VOTE YES
AND JOIN IN SHOWING OUR APPRECIATION FOR THE THERAPY ANIMALS ACROSS
OUR STATE, AND THEIR HANDLERS, AND THE REMARKABLE CONTRIBUTION THEY
HAVE MADE IN IMPROVING OUR STATE. LET'S THANK THEM FOR THEIR SERVICE
BY MAKING APRIL 30, 2023 THERAPY ANIMAL DAY IN THE STATE OF NEW
YORK. THANK YOU, MR. SPEAKER, AND TO MY COLLEAGUES, THANK YOU FOR
14
NYS ASSEMBLY APRIL 26, 2023
YOUR SUPPORT OF THIS IMPORTANT RESOLUTION.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 365, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM AUGUST 15, 2023 AS MOTHER'S EQUAL PAY
DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MR. GIBBS FOR THE PURPOSES OF A INTRODUCTION.
MR. GIBBS: THANK YOU, MR. SPEAKER. I RISE TO
INTRODUCE AN PHENOMENAL ATTORNEY, STACEY RICHMAN. I HAD THE
PLEASURE OF WORKING WITH HER AND HER DAD FOR MANY YEARS, MR. MURRAY
RICHMAN. I ASK THAT YOU PLEASE EXTEND -- IN FACT, I WOULDN'T BE HERE
TODAY IF IT WASN'T FOR STACEY RICHMOND. AS AN EMPLOYEE OF HER AND
HER DAD SHE TOOK THE LIBERTY OF FILLING OUT THE CERTIFICATE OF GOOD
CONDUCT WHICH LIFT ALL BARS OF LICENSES AND EMPLOYMENT FOR ME AND
GAVE ME BACK MY RIGHTS TO PARTICIPATE CIVICALLY AND POLITICALLY. SO
WITHOUT STACEY RICHMOND, MR. SPEAKER, I WOULDN'T BE HERE TODAY. I
ASK THAT YOU PLEASE EXTEND HER THE CORDIALITY OF THE FLOOR SO ELOQUENTLY
THE WAY YOU DO. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
15
NYS ASSEMBLY APRIL 26, 2023
OF MR. GIBBS, 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. THANK YOU FOR THE WORK THAT YOU'VE DONE ON BEHALF OF ALL OF
THE PEOPLE THAT YOU REPRESENTED, AND NOW WE KNOW WHO TO BLAME FOR
HAVING MR. GIBBS HERE.
(LAUGHTER)
THANK YOU SO VERY MUCH. CONTINUE YOUR GREAT WORK.
(APPLAUSE)
PAGE 13, CALENDAR NO. 120, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00171, CALENDAR NO.
120, PAULIN, DINOWITZ, WEPRIN, JACKSON, SILLITTI, BICHOTTE HERMELYN.
AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REQUIRING
OWNERS OF MULTIPLE-DWELLING PROPERTIES TO DEVELOP, IMPLEMENT AND
DISTRIBUTE SMOKING POLICIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00252, CALENDAR NO.
121, MAGNARELLI, COOK, STECK, PEOPLES-STOKES, LUPARDO, FAHY,
SEAWRIGHT. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO REQUIRING
THAT ALL PRINTED POLITICAL CAMPAIGN MAILING PIECES CONTAINING OR MADE
OF RECYCLABLE MATERIAL INCLUDE A MESSAGE ABOUT RECYCLING THE PRINTED
MATERIALS.
ACTING SPEAKER AUBRY: LAID ASIDE. THE BILL
IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00266-A, CALENDAR
NO. 122, BURDICK, RAGA, EPSTEIN. AN ACT TO AMEND THE STATE
16
NYS ASSEMBLY APRIL 26, 2023
TECHNOLOGY LAW, IN RELATION TO REQUIRING STATE AGENCIES TO CONFORM
ANY OF THEIR WEBSITES TO THE MOST CURRENT VERSION OF THE WEB CONTENT
ACCESSIBILITY GUIDELINES ADOPTED BY THE WORLD WIDE WEB CONSORTIUM
FOR ACCESSIBILITY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00358, CALENDAR NO.
123, BRONSON, SEAWRIGHT, OTIS. AN ACT TO AMEND THE EXECUTIVE LAW,
IN RELATION TO REQUIRING THE COLLECTION OF CERTAIN DEMOGRAPHIC
INFORMATION BY CERTAIN STATE AGENCIES, BOARDS AND COMMISSIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00507, CALENDAR NO.
124, HUNTER, MAMDANI, EPSTEIN, AUBRY, SIMON, DICKENS, KELLES. AN
ACT TO AMEND THE CRIMINAL PROCEDURE LAW AND THE PENAL LAW, IN
RELATION TO ABOLISHING CITIZEN'S ARRESTS; AND TO REPEAL CERTAIN PROVISIONS
OF THE CRIMINAL PROCEDURE LAW AND THE FAMILY COURT ACT RELATING
THERETO.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00725, CALENDAR NO.
125, HUNTER, JACOBSON, SILLITTI, WALLACE. AN ACT TO AMEND THE ELECTION
LAW, IN RELATION TO THE ORDER IN WHICH CANDIDATES APPEAR ON THE BALLOT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00856, CALENDAR NO.
126, DINOWITZ, REYES, SAYEGH, SIMON, STIRPE, STECK, GLICK,
ZEBROWSKI, WEPRIN, CRUZ, KELLES, JACKSON, L. ROSENTHAL. AN ACT TO
AMEND THE GENERAL OBLIGATIONS LAW, IN RELATION TO PROHIBITING
17
NYS ASSEMBLY APRIL 26, 2023
EMPLOYERS FROM REQUIRING CERTAIN CONDITIONS OR PRECONDITIONS OF
EMPLOYMENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01080, CALENDAR NO.
127, WOERNER, STIRPE, LUPARDO, CRUZ, ZINERMAN, JONES, BRABENEC,
ANGELINO, BYRNES, MILLER, SAYEGH, TAGUE, MANKTELOW, J.M. GIGLIO,
LEMONDES, COOK, GOODELL, RAGA. AN ACT TO AMEND THE EXECUTIVE
LAW, IN RELATION TO THE APPOINTMENT FOR AGRICULTURAL REPRESENTATION ON
THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01177, CALENDAR NO.
128, PAULIN, JACOBSON. AN ACT TO AMEND THE ELECTION LAW, IN RELATION
TO BALLOTS SUBMITTED IN ENVELOPES THAT ARE SEALED WITH TAPE, PASTE OR
ANY OTHER BINDING AGENT OR DEVICE AND HAVE NO INDICATION OF
TAMPERING.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01399-A, CALENDAR
NO. 129, BICHOTTE HERMELYN, COLTON, DARLING, LEVENBERG. AN ACT TO
18
NYS ASSEMBLY APRIL 26, 2023
AMEND THE PUBLIC HEALTH LAW, IN RELATION TO PROVIDING FOR THE NEW
YORK STATE OF HEALTH TO HELP VETERANS ASCERTAIN THEIR ELIGIBILITY FOR
HEALTHCARE THROUGH THE DEPARTMENT OF VETERANS AFFAIRS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01411, CALENDAR NO.
130, ROZIC, COLTON, SIMON, WOERNER, L. ROSENTHAL, LUPARDO, FORREST,
BRONSON, SANTABARBARA, MAMDANI, BORES, FALL, KELLES. AN ACT TO
AMEND THE CIVIL SERVICE LAW, IN RELATION TO ENACTING THE "NEW YORK
STATE TELEWORKING EXPANSION ACT."
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
19
NYS ASSEMBLY APRIL 26, 2023
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02888-A, CALENDAR
NO. 131, BARRETT, LUPARDO, GUNTHER, KELLES, GONZÁLEZ-ROJAS, COLTON,
SIMON. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW AND THE
EXECUTIVE LAW, IN RELATION TO AUTHORIZING THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY TO DEVELOP A CLEAN ENERGY
OUTREACH AND COMMUNITY PLANNING PROGRAM; AND PROVIDING FOR THE
REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03158-A, CALENDAR
NO. 132, BORES, GALLAGHER, LEVENBERG, PAULIN, RAGA, SHIMSKY,
ZINERMAN, BEEPHAN, STIRPE, GUNTHER, AUBRY, GIBBS, SIMON,
MCDONALD, BURGOS, TAPIA, BUTTENSCHON, SEAWRIGHT, WALLACE, EPSTEIN,
KELLES. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO CLARIFYING
THE STATUS OF CERTAIN PERSONS EXEMPT FROM OPTOMETRIST LICENSE
REQUIREMENTS.
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.)
MR. BORES TO EXPLAIN HIS VOTE.
MR. BORES: THANK YOU, MR. SPEAKER. CURRENTLY, IF
YOU ARE AN OPTOMETRY STUDENT AND YOU STUDY OUTSIDE NEW YORK STATE
YOU ARE NOT ALLOWED TO APPRENTICE WITHIN NEW YORK STATE. THIS MAKES
20
NYS ASSEMBLY APRIL 26, 2023
NO SENSE. IT DISCOURAGES OPTOMETRISTS FROM STARTING THEIR CAREER HERE
WHICH ULTIMATELY STOPS THEM FROM STAYING HERE. AND THAT'S WHY IN A
STATE OF NEARLY 20 MILLION PEOPLE, AS OF JANUARY 1ST WE ONLY HAD 3,893
OPTOMETRISTS IN THE STATE. TODAY WE FIX THIS LOOPHOLE THAT ADVOCATES
HAVE BEEN TRYING TO CHANGE SINCE 2012, AND I LOOK FORWARD TO SEEING A
UNANIMOUS VOTE.
(LAUGHTER)
THANK YOU.
ACTING SPEAKER AUBRY: MR. -- MR. BORES,
TONGUE-IN-CHEEK, YES.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03238, CALENDAR NO.
134, JONES. AN ACT TO AUTHORIZE CERTAIN HEALTHCARE PROFESSIONALS
LICENSED TO PRACTICE IN OTHER JURISDICTIONS TO PRACTICE IN THIS STATE IN
CONNECTION WITH AN EVENT SANCTIONED BY THE WORLD TRIATHLON
CORPORATION; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
21
NYS ASSEMBLY APRIL 26, 2023
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03694-A, CALENDAR
NO. 135, D. ROSENTHAL, EICHENSTEIN, BURDICK, GONZÁLEZ-ROJAS,
SEAWRIGHT, RAGA, ROZIC, EPSTEIN, SHIMSKY, DINOWITZ, COLTON, STERN,
BRAUNSTEIN, E. BROWN, BENDETT, SMULLEN, MCDONOUGH, SILLITTI, SIMON,
WEPRIN. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO HATE CRIME
REPORTING ON COLLEGE CAMPUSES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. ROSENTHAL TO EXPLAIN HIS VOTE.
MR. ROSENTHAL: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. WE HAVE SEEN A TREMENDOUS RISE OF
HATE CRIMES THROUGHOUT THIS COUNTRY AND PARTICULARLY IN NEW YORK
STATE. AND UNFORTUNATELY, OUR INSTITUTIONS OF HIGHER EDUCATION ARE NOT
EXEMPT FROM HATE CRIMES. WE HAVE SEEN CERTAIN REPORTS IN MEDIA OF
UNIVERSITY SYSTEMS WHO HAVE TRIED TO SWEEP HATE CRIMES UNDER THE RUG,
AND WE MUST MAKE SURE TO -- THAT EVERY STUDENT, NO MATTER YOUR RACE,
RELIGION OR ETHNICITY, FEELS SAFE WHILE TRYING TO LEARN IN AN INSTITUTION OF
HIGHER EDUCATION. THIS BILL WILL REQUIRE COLLEGES AND OTHER PLACES OF
HIGHER EDUCATION TO REPORT HATE CRIMES THAT OCCUR ON COLLEGE CAMPUSES
22
NYS ASSEMBLY APRIL 26, 2023
TO ADD TRANSPARENCY AND ACCOUNTABILITY TO THESE COLLEGES AND UNIVERSITY
SYSTEMS.
THIS BILL WILL ALLOW EVERY STUDENT TO KNOW THAT IF THEY
ARE SUBJECT TO HATE THAT PEOPLE WILL KNOW WHAT IS OCCURRING ON THESE
COLLEGE CAMPUSES, AND I'M PROUD TO VOTE IN THE AFFIRMATIVE AND SPONSOR
THIS LEGISLATION.
ACTING SPEAKER AUBRY: MR. ROSENTHAL IN THE
AFFIRMATIVE.
MR. SMULLEN TO EXPLAIN HIS VOTE.
MR. SMULLEN: THANK YOU, MR. SPEAKER. I RISE
TODAY TO EXPLAIN MY VOTE ON THIS VERY IMPORTANT ISSUE. THERE'S BEEN A
DISTURBING TREND OF AN INCREASE IN BIAS AND HATE CRIMES ON THE
CAMPUSES IN OUR STATE. AND I THINK IT'S VERY IMPORTANT TO BE ALERT TO
THIS, TO BE AWARE OF IT, AND THIS LEGISLATION WILL GO A LONG WAY TOWARDS
SHINING A LIGHT ON SOME OF THESE ISSUES AND INCIDENCES THAT WE'RE
HAVING. AS A MEMBER OF THE HIGHER EDUCATION COMMITTEE I STAND
FIRMLY IN SUPPORT OF -- OF THIS -- OF THIS LAW TO BE ABLE TO ADDRESS THIS
ISSUE SQUARELY, FAIRLY AND WITH EQUITY AND CONCERN FOR ALL THE STUDENTS
IN OUR STATE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU. MR.
SMULLEN IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
23
NYS ASSEMBLY APRIL 26, 2023
THE CLERK: ASSEMBLY NO. A04076-B, CALENDAR
NO. 136 WAS PREVIOUSLY AMENDED ON THIRD READING AND IS HIGH.
ASSEMBLY NO. A04349, CALENDAR NO. 137, REYES,
RAGA, ARDILA, BICHOTTE HERMELYN. AN ACT TO AMEND THE EXECUTIVE
LAW, IN RELATION TO THE DESIGNATION OF INTERNATIONAL WOMEN'S DAY AS A
DAY OF COMMEMORATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
REYES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. EXCUSE ME, NO HOME
RULE ON THAT.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04672, CALENDAR NO.
138, SHRESTHA. AN ACT TO AMEND THE AMEND THE TOWN LAW, IN RELATION
TO THE CLASSIFICATION OF THE TOWN OF ULSTER IN THE COUNTY OF ULSTER.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SHRESTHA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
24
NYS ASSEMBLY APRIL 26, 2023
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04928, CALENDAR NO.
139, RAJKUMAR, LUNSFORD. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO COVERING PUTRESCIBLE AND
NON-PUTRESCIBLE WASTE TRANSPORTED BY RAIL.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05010-A, CALENDAR
NO. 140, LAVINE, AUBRY, BURGOS, REYES, DESTEFANO, BICHOTTE
HERMELYN, DE LOS SANTOS, SAYEGH, GONZÁLEZ-ROJAS, BURDICK, EPSTEIN,
CUNNINGHAM, BORES, SIMONE, WEPRIN. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO PROHIBITING CORPORAL PUNISHMENT IN SCHOOLS.
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.
25
NYS ASSEMBLY APRIL 26, 2023
THE CLERK: ASSEMBLY NO. A05697, CALENDAR NO.
141, BARRETT, GUNTHER, SANTABARBARA, GIBBS. AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO THE DUTY TO REPORT INCIDENCES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05848-A, CALENDAR
NO. 142, PAULIN, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO REQUIRING PATIENT TRANSPORTERS TO MEET CERTAIN MINIMUM
REQUIREMENTS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05859, CALENDAR NO.
143, WOERNER. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO
LIMITED TIME ALLOWANCES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05948, CALENDAR NO.
144, SHIMSKY. AN ACT TO AMEND THE NAVIGATION LAW, IN RELATION TO
EQUIPMENT TO BE CARRIED ON VESSELS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06017, CALENDAR NO.
145, PAULIN, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO GRANTING IMMUNITY FROM LABILITY TO ORGANIZATIONS WHICH
ESTABLISH PHYSICIAN COMMITTEES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
26
NYS ASSEMBLY APRIL 26, 2023
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06032, CALENDAR NO.
146, PAULIN, SIMON, SEAWRIGHT, HEVESI, GONZÁLEZ-ROJAS, KELLES,
SAYEGH, OTIS, L. ROSENTHAL, SHIMSKY. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO THE ESTABLISHMENT, INCORPORATION,
CONSTRUCTION OR INCREASE IN CAPACITY OF FOR-PROFIT HOSPICE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06034-A, CALENDAR
147, PAULIN, BICHOTTE HERMELYN, SAYEGH. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO EXPANDING THE SCOPE OF THE TEMPORARY
OPERATOR PROGRAM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06065, CALENDAR NO.
148, DINOWITZ, PAULIN, SAYEGH. AN ACT TO AMEND THE CIVIL PRACTICE
LAW AND RULES, IN RELATION TO CHANGING REFERENCE FROM PHYSICIAN,
27
NYS ASSEMBLY APRIL 26, 2023
OSTEOPATH OR DENTIST TO HEALTH CARE PROFESSIONAL.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06101, CALENDAR NO.
149, LEVENBERG. AN ACT TO AMEND THE VILLAGE LAW, IN RELATION TO
EXEMPTING THE BUCHANAN ENGINE COMPANY NO. 1 FROM THE
REQUIREMENT THAT THE PERCENTAGE OF NON-RESIDENT FIRE DEPARTMENT
MEMBERS NOT EXCEED 45 PERCENT OF THE MEMBERSHIP.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06102, CALENDAR NO.
150, MCDONALD. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION
TO THE QUALIFICATION TO HOLD THE POSITION OF ASSISTANT DISTRICT ATTORNEY IN
THE COUNTY OF RENSSELAER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
28
NYS ASSEMBLY APRIL 26, 2023
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06107, CALENDAR NO.
151, THIELE. AN ACT TO AMEND CHAPTER 435 OF THE LAWS OF 2014
AMENDING THE ENVIRONMENTAL CONSERVATION LAW RELATING TO DEFINING
SPEARGUNS AND ALLOWING RECREATIONAL SPEARFISHING IN NEW YORK'S
MARINE AND COASTAL WATERS, IN RELATION TO EXTENDING THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06480, CALENDAR NO.
152, BURDICK, SANTABARBARA, FALL, COLTON, SIMON, EPSTEIN. AN ACT TO
AMEND THE CIVIL SERVICE LAW, IN RELATION TO ALLOWING AN INDIVIDUAL
WITH DISABILITIES OR A DISABLED VETERAN TO HOLD FULL-TIME OR PART-TIME
POSITIONS FOR PURPOSES OF ELIGIBILITY FOR RECRUITMENT FOR STATE
EMPLOYMENT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
29
NYS ASSEMBLY APRIL 26, 2023
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, AS WE WAIT
FOR THE TALENTED MEN AND WOMEN FROM WEST POINT, WOULD YOU PLEASE
PUT OUR HOUSE AT EASE?
ACTING SPEAKER AUBRY: THE HOUSE WILL STAND
AT EASE.
(WHEREUPON, THE HOUSE STOOD AT EASE.)
*****************************
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. AS WE BEGIN OUR TRADITIONAL WELCOME TO THE WEST POINT GRAD
-- GUESTS -- GRADUATES AND GUESTS AND I -- I KNOW THAT I SPEAK FOR
SEVERAL OF MY COLLEAGUES IN THE CHAMBERS NOW AND THOSE ACROSS THE
STATE AND ACROSS THE WORLD HOW TRULY HONORED WE ARE TO BE THE HOME OF
SUCH A PRESTIGIOUS AND HISTORIC INSTITUTION AS WEST POINT. WEST POINT
GRADUATES CAN BE COUNTED THROUGHOUT HISTORY AS SOME OF THE NATION'S
GREATEST LEADERS, AND I SUSPECT THAT I'M -- AND I'M CONFIDENT THAT A
NUMBER OF THOSE FUTURE LEADERS ARE IN OUR CHAMBERS TODAY, SIR. FROM
MILITARY COMMANDERS TO ELECTED OFFICIALS TO PIONEERS OF INDUSTRY, WEST
POINT GRADUATES HAVE MADE AND CONTINUE TO MAKE EXTRAORDINARY
30
NYS ASSEMBLY APRIL 26, 2023
CONTRIBUTIONS TO BOTH SOCIETY AND TO OUR NATION. THE CADETS THAT JOIN US
TODAY HAVE CHOSEN A PATH OF SERVICE. IN MY OPINION THERE'S NOTHING
MORE HONORABLE, AND NOTHING MORE NOBLER AND NOTHING MORE WORTHY OF
OUR RESPECT AND OUR ADMIRATION THAN THE OPPORTUNITY TO SERVE. I
APPLAUD THESE FINE YOUNG MEN AND WOMEN FOR THEIR SERVICE, THAT
THEY'RE PUTTING SERVICE BEFORE THEMSELVES. AND I HOPE THAT DURING THE
COURSE OF OUR DELIBERATIONS WE ARE HONORED TO HAVE THEM HERE AND WE
WOULD ENCOURAGE THEM TO CONTINUE TO LIVE THIS SELFLESS LIFE THAT THEY
HAVE CHOSEN.
WE WISH THEM GOOD HEALTH AND SAFETY AS THEY
CONTINUE IN THEIR CAREERS AND, MR. SPEAKER, I LOOK FORWARD TO HEARING
THE REMARKS OF THEIR LEADER.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
IT IS MY HONOR AND PRIVILEGE TO INTERRUPT THE
PROCEEDINGS OF THE HOUSE TO CONTINUE A SPECIAL TRADITION. MORE THAN
70 YEARS AGO THE ASSEMBLY, THROUGH THE EFFORTS OF ASSEMBLYMAN AND
WEST POINT GRADUATE JAMES T. MCNAMARA, ADOPTED ITS FIRST WEST POINT
RESOLUTION TO HONOR THE UNITED STATES MILITARY ACADEMY. I'M HONORED
ON BEHALF OF THE SPEAKER, CARL HEASTIE, AND ALL MY ASSEMBLY
COLLEAGUES TO BEGIN OUR ANNUAL RECOGNITION OF WEST POINT AND THE
CADETS WHO VISIT US TODAY.
WITH US TODAY WE HAVE LIEUTENANT GENERAL STEVE
GILLAND, 61ST SUPERINTENDENT, UNITED STATES MILITARY ACADEMY;
LIEUTENANT COLONEL MATTHEW DAWSON, EXECUTIVE OFFICER TO THE
31
NYS ASSEMBLY APRIL 26, 2023
SUPERINTENDENT OF THE UNITED STATES MILITARY ACADEMY; LIEUTENANT
COLONEL BETH SMITH, UNITED STATES MILITARY ACADEMY PUBLIC AFFAIRS
OFFICER; MAJOR SHAWN LEE, REGIMENTAL CHAPLIN, UNITED STATES CORPS
OF CADETS; CAPTAIN LAUREN DRYSDALE, FIRST CAPTAIN, UNITED STATES
CORPS OF CADETS; AND THE FINE CADETS WHO WILL SOON BE INTRODUCED BY
MEMBERS OF THE STATE ASSEMBLY.
THE HIGHLY-RESPECTED WEST POINT ACADEMY HAS STOOD
TALL AND PROUD IN NEW YORK'S BEAUTIFUL HUDSON VALLEY SINCE 1802.
THE YOUNG MEN AND WOMEN WHO ATTEND WEST POINT REPRESENT THE BEST
AND THE BRIGHTEST OF OUR COMMUNITIES. THE ACADEMY GRADUATES HAVE A
LEGACY OF LEADERSHIP AND EXCELLENCE FOR MORE THAN 200 YEARS. THE
UNITED STATES MILITARY ACADEMY AT WEST POINT HAS SERVED AS A
TESTAMENT TO THE PRINCIPLES OF HONOR, DUTY AND COUNTRY. THE LEGACY IS
TRULY UNMATCHED. IT IS THE OLDEST OF THE FIVE SERVICE ACADEMIES.
IN JUST A MOMENT WE WILL TAKE UP A RESOLUTION
HONORING THE LEGACY OF THE ACADEMY AND THE ROLE THAT IT HAS PLAYED IN
SHAPING THE HISTORY OF OUR STATE AND THE NATION. WE THANK YOU FOR
VISITING US TODAY AND FOR YOUR UNWAVERING COMMITMENT TO OUR NATION.
(APPLAUSE)
ASSEMBLY RESOLUTION NO. 360, THE CLERK WILL READ THE
TITLE OF THE RESOLUTION.
THE CLERK: ASSEMBLY NO. 360, MR. EACHUS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 26, 2023 AS WEST POINT DAY IN THE
STATE OF NEW YORK.
32
NYS ASSEMBLY APRIL 26, 2023
ACTING SPEAKER AUBRY: MS. JEAN-PIERRE ON
THE RESOLUTION.
MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER. IT IS
WITH GREAT HONOR AND PLEASURE THAT I STAND HERE AS CHAIR OF THE
VETERANS -- ASSEMBLY VETERANS' AFFAIRS COMMITTEE, PARTICIPATING IN
THIS ANNUAL EVENT DEDICATED TO THE UNITED STATES MILITARY ACADEMY AT
WEST POINT. IT IS AN ABSOLUTE PRIVILEGE TO WELCOME LIEUTENANT GENERAL
STEVEN W. GILLAND, 61ST SUPERINTENDENT UNITED STATES MILITARY
ACADEMY, OUTSTANDING CADETS AND SENIOR ARMY PERSONNEL JOINING US
FROM THE -- THIS PRESTIGIOUS AND HISTORIC INSTITUTION.
LOCATED IN THE HEART OF THE HUDSON VALLEY, THE UNITED
STATES MILITARY ACADEMY WAS ESTABLISHED IN 1802 UNDER LEGISLATION
SIGNED BY PRESIDENT THOMAS JEFFERSON, FOR THE PURPOSE OF TRAINING
OFFICERS TO LEAD OUR NATION'S ARMY. SINCE THEN, WEST POINT HAS BEEN
THE PLACE WHERE YOUNG MEN AND WOMEN ARE MODELED INTO LEADERS
THROUGH INTENSIVE MILITARY TRAINING AND RIGOROUS ACADEMIC CURRICULUM.
THE FOUNDATION OF A WEST POINT EDUCATION IS THE ACADEMY'S MOTTO THAT
CADET -- CADETS COMMIT THEMSELVES TO ON THEIR FIRST DAY: "DUTY, HONOR,
COUNTRY." THESE THREE WORDS ARE INSTILLED IN EACH CADET THROUGH LONG
HOURS SPENT DEVELOPING THEIR INTELLECTUAL AND PHYSICAL ABILITIES,
MILITARY SKILLS AND MORAL-ETHICAL PRINCIPLES. UPON SUCCESSFUL [SIC]
COMPLETING THIS DEMANDING FOUR-YEAR PROGRAM, CADETS GRADUATE AS
COMMISSIONED OFFICERS IN THE UNITED STATES ARMY, PREPARED FOR A
CAREER OF EXCELLENCE AND SERVICE TO OUR NATION.
FOR OVER 200 YEARS, WEST POINT GRADUATES HAVE
33
NYS ASSEMBLY APRIL 26, 2023
STEADILY ANSWERED THEIR COUNTRY'S CALLING, LEADING AMERICAN SOLDIERS IN
DANGEROUS MISSIONS AND CONFLICTS AROUND THE WORLD. A POPULAR
EXPRESSION AT THE ACADEMY IS THAT "MUCH OF THE HISTORY WE TEACH WAS
MADE BY THE PEOPLE WE TAUGHT." ITS ALUMNI INCLUDE 77 MEDAL OF HONOR
RECIPIENTS, TWO PRESIDENTS OF THE UNITED STATES, AS WELL AS COUNTLESS
OTHER LEADERS IN GOVERNMENT, BUSINESS -- BUSINESS, SCIENCE, ACADEMIA
AND, OF COURSE, THE MILITARY. WEST POINT GRADUATES EMBODY A RICH
HISTORY AND TRADITION OF PATRIOTIC COMMITMENT AND ACHIEVEMENT THAT WE
ARE PROUD TO HAVE IN NEW YORK STATE.
ONE CONSTANT AT WEST POINT IS THAT -- THAT ITS
CURRICULUM IS ALWAYS CHANGING TO MEET THE NEEDS OF THE NATION. WE
FACE UNCERTAIN TIMES IN THE 21ST CENTURY. CONDITIONS IN THE WORLD ARE
EVER-SHIFTING AND WE MUST STAY VILIGANT [SIC]. ALTHOUGH WE CAN NEVER
KNOW FOR CERTAIN WHAT THE FUTURE HOLDS, WE MAY TAKE COMFORT IN
KNOWING THAT YOUNG MEN AND WOMEN SUCH AS ONES HERE TODAY STAND
STRONG, PROUD AND WILL BE READY TO FACE THE CHALLENGES THAT LIE AHEAD.
WE OWE THE CADETS OUR RESPECT AND GRATITUDE. I SALUTE
THEM FOR THEIR SERVICE. ON BEHALF OF THE ENTIRE VETERANS' AFFAIRS
COMMITTEE, IT IS MY PLEASURE TO WELCOME AND CONGRATULATE ALL THE
CADETS HERE TODAY AND WELCOME THE DISTINGUISHED FACULTY AND STAFF OF
THE UNITED STATES MILITARY ACADEMY ACCOMPANYING THEM TODAY.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MANKTELOW ON THE RESOLUTION.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. IT IS
34
NYS ASSEMBLY APRIL 26, 2023
TRULY AN HONOR AND A PRIVILEGE TODAY TO HONOR THESE AND BRING THESE TO
-- THIS GROUP OF YOUNG MEN AND WOMEN TO THE FLOOR HERE OF THE
ASSEMBLY. AS I WAS LOOKING AT A LITTLE BIT OF THE HISTORY, AND
CHAIRWOMAN JEAN-PIERRE HAD ALREADY MENTIONED SOME OF THIS, AND AS
THE RANKING MEMBER FROM THE MINORITY SIDE OF THE VETERANS'
COMMITTEE, I -- I WANT TO SHARE A COUPLE OF OTHER THINGS.
GENERAL WASHINGTON RECOGNIZED THE STRATEGIC
IMPORTANCE OF WEST POINT DURING THE AMERICAN REVOLUTION, AND IN
1778 THADDEUS KOSCIUSZKO WAS HIRED TO ENGINEER, DESIGN AND TO
FORTIFY WHAT WE KNOW IS WEST POINT. AND I'M SURE YOU ALL KNOW THAT.
AND AS THE CHAIRWOMAN HAD ALSO SAID EARLIER THAT 77 GRADUATES HAVE
RECEIVED THE MEDAL OF HONOR, TWO -- GRANT AND -- EXCUSE ME, GRANT
AND EISENHOWER WERE PRESIDENTS OF THE -- OF THE -- THESE UNITED STATES,
AND MANY ARE SENIORS ARMY LEADERS TODAY.
OVER THE YEARS THE CORPS OF CADETS HAVE BECOME
MORE DIVERSE WITH WOMEN AND MINORITY CADETS ATTENDING IN RECORD
NUMBERS. WEST POINT CADETS LIVE BY THE MODEL "DUTY, HONOR AND
COUNTRY." AND WHAT THEY DEMONSTRATE THROUGH MILITARY SERVICE UPON
GRADUATION IS A TRUE BLESSING AND AN HONOR TO NEW YORK STATE.
WE ARE PROUD TO HAVE YOU HERE TODAY. WE ARE PROUD
TO HAVE YOU IN NEW YORK STATE. WE ARE PROUD TO HAVE WEST POINT IN
NEW YORK STATE. AND AS A FELLOW ARMY VETERAN I WANT TO SAY THANK
YOU FOR WHAT YOU'RE PREPARED TO DO. AND WE HAVE A GREAT COUNTRY, WE
WILL CONTINUE TO HAVE A GREAT COUNTRY BECAUSE OF THE YOUNG MEN AND
WOMEN THAT ARE SITTING BEHIND US. SO TO YOU, YOUR FAMILIES, THE MEN
35
NYS ASSEMBLY APRIL 26, 2023
THAT ARE STILL IN SERVICE, THE WOMEN THAT ARE IN SERVICE, THANK YOU TO ALL
OF YOU FOR BEING HERE, THANK YOU FOR YOUR FAMILIES FOR YOUR SUPPORT,
AND MAY GOD BLESS AND KEEP ALL OF YOU SAFE.
THANK YOU. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. HUNTER ON THE RESOLUTION.
MS. HUNTER: THANK YOU, MR. SPEAKER. ON THE
RESOLUTION. AS THE CHAIR OF THE SUBCOMMITTEE ON WOMEN VETERANS
AND A PROUD U.S. ARMY VETERAN, I'M HONORED TODAY TO WELCOME THE
ENTIRE WEST POINT COMMAND, ESPECIALLY THE MEMBERS OF THE CORPS OF
CADETS. THE FIRST CADETS GRADUATED FROM WEST POINT IN 1802. WOMEN
GRADUATED FROM WEST POINT FOR THE FIRST TIME IN 1980, NOT VERY LONG
AGO, MR. SPEAKER. TWENTY-THREE PERCENT OF THE CLASS OF 2023 ARE
WOMEN. TO EACH CADET, I WISH YOU THE VERY BEST AS YOU CONTINUE TO
LEARN THE IMPORTANT ROLE YOU PLAY IN THE WORLD TODAY.
GO ARMY, BEAT NAVY. THANK YOU, MR. SPEAKER.
(LAUGHTER)
ACTING SPEAKER AUBRY: THANK YOU.
MR. EACHUS ON THE RESOLUTION.
MR. EACHUS: THANK YOU, MR. SPEAKER. IT IS MY
DISTINCT HONOR AS THE REPRESENTATIVE OF THE 99TH DISTRICT TO SPONSOR AND
INTRODUCE THIS RESOLUTION BEFORE US TODAY TO RECOGNIZE THE HISTORIC WEST
POINT LOCATED RIGHT IN MY DISTRICT. WHILE I, MYSELF, WAS A PHYSICS
TEACHER BY TRADE, HERE'S A SHORT HISTORY LESSON FOR MY COLLEAGUES.
BY AN ACT OF CONGRESS ON MARCH 16, 1802, THE UNITED
36
NYS ASSEMBLY APRIL 26, 2023
STATES MILITARY ACADEMY AT WEST POINT WAS ESTABLISHED ON THE BANKS
OF THE HUDSON RIVER. BEFORE THEN, THE LOCATION SERVED AS A CRITICAL
STRATEGIC MILITARY STRONGHOLD DURING THE AMERICAN REVOLUTION,
BLOCKING SEVERAL BRITISH INVASION ATTEMPTS ALONG THE RIVER. TODAY,
WEST POINT STANDS STRONG AS THE OLDEST CONTINUOUSLY-OCCUPIED REGULAR
ARMY POST IN THE UNITED STATES. THE ACADEMY AT WEST POINT
ESTABLISHED TO TRAIN AND DEVELOP OFFICERS FOR THE ARMY IN THE ART AND
SCIENCE OF WARFARE PROVIDES OUR STATE AND NATION WITH DEDICATED
LEADERS WHO ARE CONSIDERED AMONGST THE BRIGHTEST MINDS OF THEIR TIME.
NOTABLE GRADUATES INCLUDE SOME NAMES YOU MAY RECOGNIZE, SOME
ALREADY MENTIONED, SUCH AS ULYSSES S. GRANT, DWIGHT D. EISENHOWER,
GEORGE PATTON, EDWIN "BUZZ" ALDRIN AND MANY MORE.
THESE YOUNG MEN AND WOMEN BEFORE US TODAY
REPRESENT THE FINEST THAT THIS ICONIC INSTITUTION HAS TO OFFER, THOSE WHO
HAVE EXCELLED AMONGST THE EXCELLENT. WHILE WE STAND IN THIS CHAMBER
TO HONOR THEM TODAY, THEY WILL LEAVE HERE TO GO FORTH AND PROTECT OUR
NATION'S FREEDOMS FROM ENEMIES BOTH FOREIGN AND DOMESTIC AND UPHOLD
THE VALUES ENSHRINED IN OUR CONSTITUTION. THEY WILL JOIN THE RANKS OF
THE U.S. MILITARY, BEING PASSED THE TORCH BY THOSE BRAVE MEN AND
WOMEN WHO HAVE SERVED BEFORE THEM, SOME HAVING GIVEN THE ULTIMATE
SACRIFICE. THERE IS NO GREATER HONOR, NO GREATER DUTY, NO GREATER
BURDEN THAN THOSE CARRIED BY THESE EXCEPTIONAL CADETS. KNOWING THAT
THEY REPRESENT THE NEXT GENERATION OF OUR MILITARY BRINGS ME CONTINUED
HOPE FOR OUR NATION'S STRENGTH AND FOR THE PROTECTION OF OUR DEMOCRATIC
WAY OF LIFE. WHO KNOWS, WE MAY HAVE A FUTURE PRESIDENT AMONGST THE
37
NYS ASSEMBLY APRIL 26, 2023
RANKS TODAY.
WEST POINT IS A JEWEL OF THE HUDSON VALLEY, AN
HISTORICAL REMINDER OF THE PRICE IT TAKES TO SECURE OUR FREEDOMS AS A
WORLD-CLASS EDUCATIONAL INSTITUTION AND AS A LOCATION BOASTING SOME OF
THE MOST INCREDIBLE VIEWS OF OUR STATE'S NATURAL LANDSCAPE. I
ENCOURAGE ALL MY COLLEAGUES, IF THEY HAVE NOT HAD THE OPPORTUNITY TO
DO SO, TO COME TO OUR DISTRICT AND SEE THIS INCREDIBLE INSTITUTION
FIRSTHAND. AND AS MENTIONED, MOST IMPORTANTLY, GO ARMY, BEAT NAVY.
ACTING SPEAKER AUBRY: MR. LEMONDES ON THE
RESOLUTION.
MR. LEMONDES: THANK YOU, MR. SPEAKER. IT IS
WITH GREAT HONOR THAT I WELCOME YOU HERE TODAY ON BEHALF OF OUR
ARMY'S HISTORY, AND AS A RETIRED SOLDIER IT GIVES MY HEART GREAT
PLEASURE, IT PUTS ME AT EASE TO SEE YOU, KNOWING WHAT YOU WILL GO
THROUGH, KNOWING WHAT MANY OF YOU HAVE DONE. MANY OF US IN HERE
HAVE BEEN -- HAVE BEEN WITH YOU, AND I JUST WANT TO SAY THAT ONE OF MY
LIFE'S GREATEST HONORS WAS IN SERVING ON MY LOCAL CONGRESSIONAL MILITARY
ACADEMY APPOINTMENT BOARD FOR 12 YEARS. TO BE ABLE TO PLANT THAT
SEED, TO SEE IT GROW AND NUTURE, AND YOU HERE SITTING TODAY IS PERHAPS A
GREATER HONOR TO ME THAN MY OWN SERVICE.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MAHER ON THE RESOLUTION.
MR. MAHER: THANK YOU, MR. SPEAKER. I RISE TODAY
IN SUPPORT OF THIS LEGISLATIVE RESOLUTION. AS SOMEONE WHO WAS BORN
38
NYS ASSEMBLY APRIL 26, 2023
AND RAISED IN ORANGE COUNTY, I'VE BEEN AROUND WEST POINT MY ENTIRE
LIFE, AND I PROUDLY IDENTIFY AS A WEST POINT FAMILY. MY OLDEST SISTER
SHERRY MARRIED A WEST POINT GRADUATE, LIEUTENANT COLONEL RETIRED
STEVEN RESCH (PHONETIC) IN 1999. AND LIKE SO MANY INDIVIDUALS WHO
GRADUATED FROM WEST POINT, ABOUT TWO DAYS LATER THEY'D TAKE UP THE
LOCAL CHURCH ON WEST POINT AND THEY GET MARRIED. AND ONE THING THAT I
JUST WANTED TO IMPRESS UPON EVERYONE IN THIS LEGISLATURE AND THOSE
THAT WILL EVENTUALLY GRADUATE FROM WEST POINT THAT ARE BEHIND ME IS
JUST THE SACRIFICE THAT IT TAKES ON THE ENTIRE FAMILY FOR THOSE THAT MAKE IT
A CAREER. THE AMOUNT OF TRAVEL ALL OVER THE WORLD AND THE SACRIFICE THAT
THOSE CHILDREN OF THOSE FAMILIES TAKE IN TERMS OF BEING ABLE TO MOVE
AROUND AND ADAPT. THE CORE VALUES OF WEST POINT AND ITS MISSION IS
THE U.S. MILITARY ACADEMY AT WEST POINT IS TO EDUCATE, TRAIN AND
INSPIRE THE CORPS OF CADETS SO THAT EACH GRADUATE IS A COMMISSIONED
LEADER OF CHARACTER, COMMITTED TO THE VALUES OF "DUTY, HONOR,
COUNTRY," AND PREPARED FOR A CAREER OF PROFESSIONAL EXCELLENCE AND
SERVICE TO THE NATION AS AN OFFICER IN THE UNITED STATES ARMY. THESE
FOLKS ARE GOING TO GO FAR BEYOND THAT, AND THE IMPACT OF WEST POINT
GOES FAR BEYOND THAT SPECIFIC MISSION. IT HAS SUCH AN AMAZING IMPACT
ON COUNTLESS LIVES, AND IT IS NOT ONE OF THE HIGHEST TOURISM ATTRACTIONS
IN THE STATE FOR NO REASON. THE BEAUTIFUL ICONIC VIEWS AND THE HISTORY
DRAW PEOPLE FROM ALL OVER THE WORLD, AND I'M CERTAINLY PROUD TO BE
ABLE TO BE HERE TODAY LIKE MY MENTOR, SENATOR BILL LARKIN ALWAYS DID.
WEST POINT DAY WAS ALWAYS HIS FAVORITE DAY, AND THIS IS SOMETHING
WHERE HE ALWAYS ADDED ONE WORD: DUTY, HONOR, COUNTRY, AND THE
39
NYS ASSEMBLY APRIL 26, 2023
FOURTH WORD COLONEL LARKIN WOULD ALWAYS SAY IS RESPECT. THE RESPECT
THAT YOU SHOW US WITH YOUR SERVICE AND SACRIFICE AND THE RESPECT THAT
WE SHOW YOU HERE TODAY. THANK YOU FOR YOUR SERVICE TO OUR COUNTRY.
GOD BLESS.
ACTING SPEAKER AUBRY: THANK YOU.
MR. JACOBSON ON THE RESOLUTION.
MR. JACOBSON: THANK YOU, MR. SPEAKER. I RISE TO
SALUTE, AS WE ALL DO, THE CADETS THAT ARE HERE TODAY. I'M FROM
NEWBURGH, WHICH IS JUST 15 MILES NORTH OF WEST POINT. SO GROWING UP
IT WAS COMMON TO GO THERE, OUR FOOTBALL TEAM WOULD GO THERE AND TELL
US WHAT TO DO AND COME BACK DOING INCREDIBLY HARD DRILLS BECAUSE THEY
SAID YOU HAD TO BE LIKE THE WEST POINT CADETS.
I WANT TO REALLY THANK YOU FOR WHAT YOU'RE DOING.
YOU'RE MAKING A -- YOU MAKE A COMMITMENT TO THE COUNTRY. YOU DON'T
MAKE THE DECISIONS WHERE TO GO, BUT YOU'VE MADE IT ONCE YOU LEAVE
WEST POINT. WHICH YOU'VE MADE A COMMITMENT BY GOING TO WEST
POINT TO SERVE THE COUNTRY. YOU HAVE INSTILLED IN YOURSELVES SOMETHING
THAT REALLY WE SHOULD ADOPT HERE INDIVIDUALLY AND THROUGHOUT THE
COUNTRY OF DUTY, HONOR, COUNTRY. YOU ALSO HAVE A CODE OF ETHICS
THAT'S SECOND-TO-NONE, AND THAT'S PROBABLY THE TOUGHEST THING YOU HAVE
TO GO THROUGH OTHER THAN BEAST WEEK AND THE -- THE ORIGINAL TIME YOU
HAVE AS YOU START YOUR CAREER AT WEST POINT.
SO I WANT TO THANK YOU FOR WHAT YOU'RE DOING AND
WHAT YOU'RE GOING TO BE DOING. I WANT TO THANK YOUR LEADERS, AND ON
WHAT WEST POINT MEANS AS AN ECONOMIC ENGINE IN THE HUDSON VALLEY.
40
NYS ASSEMBLY APRIL 26, 2023
AND GROWING UP THERE YOU LEARNED ONE THING THAT'S VERY IMPORTANT: GO
ARMY, BEAT NAVY. THANK YOU.
ACTING SPEAKER AUBRY: MR. CHANG ON THE
RESOLUTION.
MR. CHANG: THANK YOU, MR. SPEAKER. AS A NAVY
-- RETIRED NAVY WITH 24 YEARS --
(LAUGHTER)
-- DURING MY COURSE OF TIME I'VE MET MANY -- MANY
NAVY -- NOT NAVY, ARMY CADETS, GRADUATES, SERVING OFFICER. IN
PARTICULAR DURING MY TIME IN AFGHANISTAN I MET MANY OF MY COLLEAGUES
IN A JOINT COMMAND ARE WEST POINT GRADUATE OFFICERS, THEY ARE DIFFERENT
FROM THE REGULAR ARMY. VERY, VERY DIFFERENT. AND -- AND THAT'S ONE
BIG THING THAT STANDS OUT, ESPECIALLY IN MILITARY INTELLIGENCE I'VE
WORKED. THEY'RE VERY, VERY DIFFERENT. AND ALL I CAN SAY IS I RESPECTED
THEM, THEIR DEMEANOR, THEIR INTELLIGENCE AND THEIR DUTY. NO QUESTION
ABOUT THAT. AND -- AND MY HAT'S TO YOU, ESPECIALLY YOU -- YOU YOUNG
CADETS. YOUR CAREER IS JUST ABOUT TO LAUNCH, AND I HOPE YOU ENJOY THE
TIME OF SERVICE. I KNOW IT'S HARD ON YOU RIGHT NOW IN -- IN THE
ENVIRONMENT THAT YOU'RE IN, BUT ONCE YOU'RE OUT I HOPE YOU ENJOY THE
RIDE AS I DID FOR 24 YEARS IN THE NAVY.
AND ONE LAST MOMENT, GO NAVY, BEAT ARMY.
(LAUGHTER)
THANK YOU.
ACTING SPEAKER AUBRY: I WAS ABOUT TO
FORGIVE YOU, BUT NO MORE.
41
NYS ASSEMBLY APRIL 26, 2023
(LAUGHTER)
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NAY. THE RESOLUTION IS ADOPTED.
IT IS NOW MY --
(APPLAUSE)
IT IS NOW MY PRIVILEGE TO CALL UPON LIEUTENANT
GENERAL STEVE GILLAND, 61ST SUPERINTENDENT OF THE UNITED STATES
MILITARY ACADEMY TO JOIN ME HERE ON THE ROSTRUM TO ACCEPT THIS
RESOLUTION AND TO ADDRESS THIS BODY.
(APPLAUSE)
LIEUTENANT GENERAL STEVE GILLAND:
LADIES AND GENTLEMEN, IT'S AN ABSOLUTE HONOR TO JOIN YOU HERE TODAY.
AND I WANT TO SAY THANKS TO ALL OF OUR VETERANS, REGARDLESS OF SERVICE OR
I -- WHO ARE PRESENT AND ALL OF THOSE WHO SUPPORT OUR VETERANS ACROSS
OUR NATION. SPEAKER HEASTIE, LEADER BARCLAY, MEMBERS OF THIS
DISTINGUISHED ASSEMBLY, GOOD AFTERNOON AND THANK YOU SO MUCH FOR
HAVING US HERE TODAY. THANK YOU FOR YOUR SERVICE TO THE STATE OF NEW
YORK. AND ON BEHALF OF OUR AMAZING TEAM AT THE UNITED STATES
MILITARY ACADEMY OF WHICH THIS IS JUST A SAMPLING, WE THANK YOU FOR
THIS RECOGNITION TODAY ON THE 26TH OF APRIL. MR. SPEAKER, SIR, THANK
YOU FOR THE OPPORTUNITY TO ADDRESS THE ASSEMBLY THIS AFTERNOON.
ASSEMBLYMAN EACHUS, SIR, THANK YOU. THANK YOU FOR YOUR HOSTING US
TODAY. AND TO ASSEMBLYMEMBER JEAN-PIERRE, MA'AM, THANK YOU AND
YOUR COMMITTEE FOR ALL THAT YOU DO FOR OUR VETERANS IN THIS GREAT STATE.
I'D LIKE TO TAKE A MOMENT -- AND I WAS LOOKING AROUND,
42
NYS ASSEMBLY APRIL 26, 2023
BUT I TAKE A MOMENT AND ACKNOWLEDGE A VERY SPECIAL GROUP THAT IS HERE
IN THE CAPITOL TODAY, AND THIS DISTINGUISHED GROUP ARE VETERANS OF THE
KOREAN WAR. THIS YEAR MARKS THE 70 -- 70 YEARS SINCE THE SIGNING OF
THE ARMISTICE THAT BROUGHT THAT WAR TO AN END. AND AS WE DO, IT'S A
HUMBLE PRIVILEGE TO RECOGNIZE THAT INCREDIBLE GROUP OF -- OF PEOPLE FOR
THEIR SERVICE AND SACRIFICE, AS WELL AS ALL THE MEN AND WOMEN WHO SO --
WHO BRAVELY FOUGHT THERE AND TO ALL OF THOSE WHO MADE THE ULTIMATE
SACRIFICE. DECADES BEFORE TOM BROKAW'S FAMOUS BOOK THE GREATEST
GENERATION, GENERAL JAMES VAN FLEET, A WEST POINT GRADUATE,
COMMAND -- WHO COMMANDED THE 8TH ARMY IN THE KOREAN WAR
REFERRED TO THOSE SOLDIERS WHO FOUGHT IN KOREA AS THE GREATEST
GENERATION OF AMERICANS WE HAVE EVER PRODUCED. AND I KNOW ALL OF
US HERE WOULD WHOLEHEARTEDLY AGREE WITH THAT STATEMENT. OUR MISSION
AT THE UNITED STATES MILITARY ACADEMY IS TO EDUCATE, TRAIN AND INSPIRE
THE FUTURE LEADERS OF CHARACTER FOR OUR ARMY AND OUR NATION, AND I
CANNOT THINK OF ANYTHING MORE INSPIRING FOR US THAN TO BE IN THE
PRESENCE OF THOSE AMAZING AMERICANS, THOSE KOREAN WAR VETERANS THAT
ARE HERE IN THE CAPITOL TODAY.
SINCE THAT COLD JANUARY DAY IN 1778 WHEN GENERAL
SAMUEL PARSONS AND HIS BRIGADE CROSSED THE FROZEN HUDSON RIVER TO
THE WEST BANKS TO ESTABLISH A STRATEGIC DEFENSIVE POSITION AGAINST THE
BRITISH, WEST POINT HAS BEEN AN IMPORTANT THREAD IN THE FABRIC OF NEW
YORK AND, INDEED, OUR NATION. SO, TOO, HAVE -- HAVE NEW YORKERS BEEN
AN IMPORTANT THREAD IN THE FABRIC OF WEST POINT, THE UNITED STATES
MILITARY ACADEMY AND THE UNITED STATES ARMY. FROM JOHN
43
NYS ASSEMBLY APRIL 26, 2023
LIVINGSTON, NEW YORK'S FIRST GRADUATE IN THE ACADEMY'S SECOND CLASS
IN 1803, OUR CADETS JOINING ME HERE TODAY, MEN AND WOMEN WHO CALL
THE EMPIRE STATE HOME, HAVE BEEN AN IMPORTANT PART OF THE CORPS OF
CADETS AND THE LONG GRAY LINE, HONORING -- HONORABLY SERVING OUR
NATION AS LEADERS OF CHARACTER NOT ONLY IN THE ARMY, BUT IN
GOVERNMENT, BUSINESS, ACADEMIA AND SO MUCH MORE. AND THAT'S -- AND
THAT'S TO SAY NOTHING OF THE COUNTLESS NEW YORKERS SERVING AS SOLDIERS
IN THE UNITED STATES ARMY, THE CITIZEN SOLDIERS OF THE NATIONAL GUARD
AND THE ARMY RESERVE. AND OF COURSE OUR ARMY VETERANS AND RETIREES,
OUR SOLDIERS FOR LIFE WHO CONTINUE TO SERVE IN VARIOUS WAYS LONG AFTER
HANGING UP THEIR UNIFORM FOR THE LAST TIME.
AS I MENTIONED A FEW MOMENTS AGO, THE MISSION OF
THE UNITED STATES MILITARY ACADEMY IS TO EDUCATE, TRAIN AND INSPIRE
LEADERS OF CHARACTER FOR OUR ARMY AND OUR NATION. THROUGH THAT
MISSION, WE DELIVER HIGHLY-TRAINED, DISCIPLINED AND FIT LEADERS OF
TREMENDOUS CHARACTER PREPARED TO SUPPORT AND DEFEND THE CONSTITUTION
AND TO SERVE AND PROTECT THE UNITED STATES OF AMERICA. AS THE
CHIEF-OF-STAFF OF THE UNITED STATES ARMY, GENERAL JAMES MCCONVILLE
SAYS, HE SAYS, WEST POINT IS THE GOLD STANDARD. WHEN AMERICA LOOKS TO
WHAT RIGHT LOOKS LIKE, THEY LOOK TO THE UNITED STATES MILITARY ACADEMY
AT WEST POINT. I, WE, HAVE AN OBLIGATION TO DELIVER THAT GOLD STANDARD
TO YOU AS CITIZENS OF OUR NATION. OUR MISSION WOULD NOT BE POSSIBLE
WITHOUT THE TREMENDOUS SUPPORT OF OUR STATE LEADERS HERE IN ALBANY AS
WELL AS FROM OUR NEIGHBORS THROUGHOUT NEW YORK, ORANGE COUNTY AND
THE HUDSON VALLEY REGION. ON BEHALF OF THE WEST POINT COMMUNITY,
44
NYS ASSEMBLY APRIL 26, 2023
WE GREATLY APPRECIATE THAT SUPPORT. AT WEST POINT WE SAY IT TAKES A
VILLAGE TO DEVELOP LEADERS. WELL, LADIES AND GENTLEMEN, YOU ARE PART OF
THAT VILLAGE, AND WE GREAT -- GREATLY APPRECIATE THE SUPPORT THAT YOU
PROVIDE US. LIKEWISE, WE ARE COMMITTED TO BEING GOOD NEIGHBORS, NOT
ONLY WITH LOCAL COMMUNITIES BUT STATEWIDE. AND WE'RE ALWAYS LOOKING
FOR WAYS TO CONNECT, BUILD RELATIONSHIPS AND WORK TOGETHER ON
OPPORTUNITIES THAT WILL NOT ONLY ENHANCE THE LEADER DEVELOPMENT
EXPERIENCE, BUT ALSO BENEFIT THE COMMUNITY. AND ON BEHALF OF THE
UNITED STATES ARMY, WE THANK YOU FOR YOUR CONTINUED HELP AND
SUPPORT AND INSPIRING A RENEWED CALL FOR SERVICE IN OUR YOUNG PEOPLE;
TO HELP OUR YOUNG PEOPLE SEE THE ARMY AS A PLACE OF OPPORTUNITY AND
POSSIBILITIES. WHERE THEY CAN BE ALL THEY CAN BE.
THANK YOU FOR YOUR CONTINUED SUPPORT AND HONORING
US TODAY. GO ARMY.
(APPLAUSE)
ACTING SPEAKER AUBRY: THANK YOU,
LIEUTENANT GENERAL.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, SEVERAL OF
OUR COLLEAGUES REPRESENT THE DISTRICTS WHERE THESE OUTSTANDING MEN AND
WOMEN COME FROM. I THINK NOW IS AN APPROPRIATE TIME TO ALLOW
MEMBERS TO INTRODUCE CADETS WHO LIVE IN THEIR DISTRICTS.
ACTING SPEAKER AUBRY: MS. DARLING FOR
PURPOSES OF A INTRODUCTION.
MS. DARLING: THANK YOU, MR. SPEAKER. I'M SO
45
NYS ASSEMBLY APRIL 26, 2023
EXCITED TO INTRODUCE CADET MOSES GREEN. HE IS FROM UNIONDALE, NEW
YORK. HIS INTENDED BRANCH IS AIR DEFENSE ARTILLERY AND HIS MAJOR IS
SOCIOLOGY. HE'S ALSO A MEMBER OF THE NATIONAL SOCIETY OF BLACK
ENGINEERS. HE GAVE ME A VERY SHORT BIO, AND IT GOES LIKE THIS: I'M
FROM LONG ISLAND, NICKNAMED THE "STRONG ISLAND." ATTENDED HIGH
SCHOOL OVERSEAS IN CHINA AND HE SPEAKS MANDARIN FLUENTLY. HIS PLANS
FOR THE FUTURE: UPON GRADUATING FROM WEST POINT I INTEND ON SERVING
MY REQUIRED FIVE YEARS AND THEN I WILL DECIDE WHAT I WANT TO DO AFTER
THAT.
I WELCOME HIM HERE TO OUR CHAMBER AND I'M SO PROUD
OF YOU, MOSES, AND I KNOW YOU'RE GOING TO DO INCREDIBLE THINGS FOR THE
STATE OF NEW YORK AND OUR COUNTRY. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. WELCOME,
AND THANK YOU FOR JOINING US HERE TODAY.
(APPLAUSE)
MR. BLANKENBUSH.
MR. BLANKENBUSH: THANK YOU, MR. SPEAKER.
IT'S MY HONOR TODAY TO INTRODUCE KENNEDY DUNCAN. KENNEDY LIVES IN
LOWVILLE, NEW YORK, WHICH IS IN LEWIS COUNTY. AND WE TALKED A
LITTLE BIT ABOUT THAT AND WHEN I SAID, WHERE DO YOU REALLY LIVE, WELL, HE
LIVES IN A LITTLE VILLAGE OUTSIDE LOWVILLE AND HE SAID, NOBODY KNOWS
WHERE THAT IS. WELL, I DO BECAUSE IT'S IN MY DISTRICT. SO I WANT TO
WELCOME HIM HERE TODAY. HE'S A MEMBER OF THE FOX 2 COMPANY,
ENGINEER AND INFANTRY IS HIS INTENDED BRANCH. HE'S MAJORING IN
ECONOMICS, AND HE'S AN AVID LACROSSE PLAYER. HE -- HE'S IN -- RIGHT NOW
46
NYS ASSEMBLY APRIL 26, 2023
ACTIVELY IN THE HUDSON HELLFIRE LACROSSE CLUB. HIS UPCOMING TRAINING
WILL BE IN AIR ASSAULT. KENNEDY WAS BORN IN FORT POLK, LOUISIANA. HE
CAME TO THE NORTH COUNTRY AT ABOUT THE AGE OF FOUR. HIS FATHER WAS
STATIONED AT FORT DRUM AND RECENTLY HAS RETIRED. SO AT AGE FOUR WHEN
YOU MOVE TO THE NORTH COUNTRY HE'S CONSIDERED NORTH COUNTRY. SO WE
ALL WELCOME -- WE ALL WELCOME THE MEMBERS OF OUR FORT DRUM
COMMUNITY IN -- IN -- IN OUR NEIGHBORHOOD. WHILE ATTENDING -- OH,
EXCUSE ME. WHILE ATTENDING LOWVILLE ACADEMY HE GRADUATED IN 2022.
HE WAS THE TEAM CAPTAIN ON THE VARSITY FOOTBALL TEAM AND THE TEAM
CAPTAIN ON HIS LACROSSE TEAM. SO I GUESS LEADERSHIP IS SORT OF BUILT IN
WITH HIM NOW. AS THE TEAM CAPTAIN IT CERTAINLY FITS THAT HE'S -- HE'S
GOING TO BE A GREAT MILITARY OFFICER. HIS FUTURE PLANS IS -- WHEN AFTER
GRADUATION AND COMMISSIONING HE HOPES TO BRANCH EITHER IN THE
ENGINEERS OR INFANTRY AND ATTEND SNAP -- SAPPER/RANGER SCHOOL. HE'S
CONSIDERING -- HE IS ALREADY CONSIDERING A CAREER IN THE ARMY;
HOWEVER, IF HE EXITS THE ARMY BEFORE HIS 20 YEARS IS UP HE CONSIDERS --
HE WILL BE CONSIDERING ATTENDING BUSINESS SCHOOL AND GETTING HIS MBA.
SO, MR. SPEAKER AND OUR MEMBERS, PLEASE WELCOME A
NORTH COUNTRY KENNEDY DUNCAN, CADET. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. WELCOME,
AND THANK YOU FOR JOINING US HERE TODAY, KENNEDY.
(APPLAUSE)
MS. HUNTER FOR THE PURPOSES OF A INTRODUCTION.
MS. HUNTER: YES, THANK YOU, MR. SPEAKER. I HAVE
THE PRIVILEGE TO INTRODUCE HAS'ZAHN GRIMES. AND IT'S IMPORTANT TO NOTE
47
NYS ASSEMBLY APRIL 26, 2023
THAT I ACTUALLY HAVE MET THIS CADET BEFORE. IN 2019 I HAD THE HONOR OF
PRESENTING CADET GRIMES WITH THE CNY LEADERS OF TOMORROW AWARD.
AND IN THE CLASSROOM HE WAS THE SENIOR CLASS PRESIDENT. HE GRADUATED
FROM NOTTINGHAM HIGH SCHOOL IN MY DISTRICT. HE WAS THE VARSITY
FOOTBALL CAPTAIN AND A DEDICATED COMMUNITY VOLUNTEER AND MEMBER OF
THE NATIONAL HONOR SOCIETY. THANKS TO HIS HARD WORK AND
DETERMINATION THEN, HE HAD ACHIEVED HIS LIFELONG DREAM AND WAS
APPOINTED TO THE MILITARY ACADEMY AT WEST POINT. SO HERE HE IS TODAY,
A CADET, HAS'ZAHN GRIMES. HE WAS BORN AND RAISED IN SYRACUSE. HE IS
A LOVER OF READING, LIFTING WEIGHTS AND FOLLOWING THE GREEN BAY
PACKERS. HE IS COMMITTED TO IMPROVING HIS LEADERSHIP ABILITIES BEFORE
JOINING THE ARMY, AND THIS YEAR SOME OF HIS GOALS INCLUDE GETTING
BETTER AT DEVELOPING HIS SUBORDINATES, WONDERFUL, BECOMING A MENTOR
TO UNDERCLASS CADETS AND MAXING THE ARMY COMBAT FITNESS TEST. LAST
YEAR CADET GRIMES WAS A COMPANY FIRST SERGEANT. THIS YEAR HE IS THE
BATTALION COMMAND SERGEANT MAJOR. CONGRATULATIONS TO YOU FOR THAT.
HE IS INTERESTED IN PURSUING A CAREER IN THE INFANTRY, AND AFTER
GRADUATION HE WOULD LIKE TO SERVE IN THE 82ND AIRBORNE DIVISION,
BEING OFFERED AN OPPORTUNITY TO LEAD THE 75TH RANGER REGIMENT. AND
AFTER HIS RETIREMENT, AFTER ALL THIS WORK, HE WOULD LIKE TO JOIN THE FBI.
IF YOU COULD EXTEND CONGRATULATIONS TO CADET GRIMES,
MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. CADET
GRIMES, WELCOME AND THANK YOU VERY MUCH FOR BEING HERE.
(APPLAUSE)
48
NYS ASSEMBLY APRIL 26, 2023
MR. DURSO FOR THE PURPOSES OF A INTRODUCTION.
MR. DURSO: THANK YOU, MR. SPEAKER. I HAVE THE
HONOR TODAY OF INTRODUCING WEST POINT CADET MATTHEW STUEBER.
PLEASE STAND. MATTHEW IS A RESIDENT OF WEST ISLIP ON LONG ISLAND, AND
AT WEST POINT HE IS A MEMBER OF COMPANY F3. HIS INTENDED BRANCH
WILL BE AVIATION, AND HIS CURRENT MAJOR IS MECHANICAL ENGINEERING.
GROWING UP, MATTHEW'S CALL TO SERVICE WAS INSPIRED BY HIS GRANDFATHER,
WHO IS A VIETNAM VETERAN. AT WEST POINT MATTHEW IS A MEMBER OF THE
SPRINT FOOTBALL TEAM, THE AVIATION CLUB AND THE INTERNATIONAL AFFAIRS
FORUM. UPON GRADUATION, MATTHEW PLANS TO BECOME AN AH-64
APACHE PILOT AND POTENTIALLY PURSUE A CAREER IN THE 160TH SOAR,
WHICH IS A SPECIAL OPERATIONS AVIATION REGIMENT. MATTHEW IS
CURRENTLY TRYING TO OBTAIN HIS PRIVATE PILOT LICENSE THIS SUMMER IN ORDER
TO JOIN THE WEST POINT FLYING TEAM.
MR. SPEAKER, PLEASE WELCOME MATTHEW STUEBER TO THE
CHAMBER TODAY AS WE THANK HIM FOR HIS SERVICE AND HIS CONTINUED
SERVICE TO THIS COUNTRY.
ACTING SPEAKER AUBRY: CERTAINLY. MATTHEW,
WE WELCOME YOU HERE. THANK YOU FOR JOINING US HERE TODAY.
(APPLAUSE)
MR. LAVINE FOR THE PURPOSES OF AN INTRODUCTION.
MR. LAVINE: THANKS SO MUCH, MR. SPEAKER. IT IS
TRULY WITH A UNIQUE SENSE OF PRIVILEGE AND PRIDE THAT I AM NOW ABLE TO
INTRODUCE CADET GREGORY KIES. AND GREG IS A RESIDENT -- OR GREW UP IN
PLAINVIEW, WHICH I HAVE BEEN SO HONORED TO REPRESENT OVER THE YEARS.
49
NYS ASSEMBLY APRIL 26, 2023
GREG IS A MEMBER OF COMPANY D-2-GO DRAGONS, AND HIS INTENDED
BRANCH IS FIELD ARTILLERY/ARMOR. HIS MAJOR IS GEOSPATIAL INFORMATION
SCIENCE, WHICH I'M SURE NONE OF US HERE HAVE ANY BASIC
COMPREHENSION OF, THOSE OF US WHO ARE ELECTED. AT ANY RATE, IT'S GOOD
YOU AND YOUR COLLEAGUES DO. GREG HAS BEEN COMMITTED TO OUR
COMMUNITY FROM THE TIME HE WAS A LITTLE KID. HE WAS CLASS PRESIDENT
AT PLAINVIEW-OLD BETHPAGE JFK HIGH SCHOOL, A NATIONAL MERIT
SCHOLAR. HE DEVELOPED A PROGRAM CALLED SUPPLIES FOR SOLDIERS TO
MAKE SURE THAT THOSE SERVING HAD THE SUPPLIES THAT THEY NEEDED. AND
IN THE WORDS OF MY DEAR FRIEND DR. LORNA LEWIS, WHO WAS
SUPERINTENDENT OF THE PLAINVIEW-OLD BETHPAGE SCHOOL DISTRICT, HIS
COMMITMENT IS INSPIRING. AND THAT IS NO SURPRISE BECAUSE HE IS THE
CHILD OF A FAMILY THAT HAS BEEN DEDICATED TO PUBLIC SERVICE. AND HIS
COMMITMENT IS ENTIRELY CONSISTENT, AS IS THE COMMITMENT OF EACH OF
THESE YOUNG MEN AND WOMEN, WITH THE OBSERVATION OF COLONEL
DEBORAH MCDONALD, WEST POINT'S DIRECTOR OF ADMISSIONS, AND THESE
ARE HER COMMENTS. THESE YOUNG MEN AND WOMEN ARE COMING HERE TO
DEVOTE THEMSELVES TO BECOMING GUARDIANS OF NOT JUST DUTY, NOT JUST
HONOR, NOT JUST COUNTRY, BUT OF THE AMERICAN CONSTITUTION. THEY
REPRESENT OUR PROMISE FOR THE FUTURE.
IT'S WITH GREAT JOY THAT I RESPECTFULLY REQUEST THAT
CADET KIES BE WELCOMED TO THIS CHAMBER. AND THANK YOU, CADET, AND
THANK YOU (INAUDIBLE).
ACTING SPEAKER AUBRY: CERTAINLY. WELCOME,
FRED [SIC] TO THE NEW YORK STATE ASSEMBLY. WE CONGRATULATE YOU ON
50
NYS ASSEMBLY APRIL 26, 2023
YOUR ACCOMPLISHMENTS AND YOU'RE ALWAYS WELCOME HERE. THANK YOU
SO VERY MUCH.
(APPLAUSE)
MR. DURSO FOR THE PURPOSES OF A INTRODUCTION.
MR. DURSO: THANK YOU, MR. SPEAKER. PLEASE HELP
ME IN WELCOMING WEST POINT CADET LUCAS VILLANTI. LUCAS RESIDES IN
WEST ISLIP ON LONG ISLAND. OBVIOUSLY, AS YOU CAN TELL, WEST ISLIP IS A
SPECIAL PLACE WITH TWO OF OUR CADETS HERE TODAY. LUCAS IS A CURRENT
MEMBER OF COMPANY G4, AND HIS INTENDED BRANCH WILL BE ADA,
WHICH STANDS FOR AIR DEFENSE ARTILLERY. LUCAS IS CURRENTLY MAJORING IN
APPLIED STATISTICS AND DATA SCIENCE. LUCAS DECIDED TO ATTEND WEST
POINT NOT ONLY TO CHALLENGE HIMSELF, BUT TO SERVE HIS COUNTRY. LUCAS
HAS A PASSION FOR SPORTS, VISITING OTHER COUNTRIES, AND HIS RESEARCH
WHICH IS FOCUSED ON SABERMETRICS. LAST SUMMER LUCAS SERVED AS THE
CFT SUPPLY SERGEANT, AND THIS SUMMER WILL BE TRAVELING TO MOROCCO
AS THE SOS -- WITH THE SOH DEPARTMENT. FOLLOWING GRADUATION, LUCAS
HOPES TO BE COMMISSIONED AS AN AIR DEFENSE ARTILLERY OFFICER AND NOT
ONLY SERVE HIS COUNTRY, BUT EXPERIENCE MANY DIFFERENT CULTURES AS HE
TRAVELS THROUGHOUT OTHER COUNTRIES.
MR. SPEAKER, IF YOU COULD HELP ME IN WELCOMING
LUCAS TO THE CHAMBER TODAY AND THANKING HIM FOR HIS SERVICE AND HIS
FUTURE SERVICE TO THIS COUNTRY.
ACTING SPEAKER AUBRY: CERTAINLY. WELCOME,
LUCAS, AND THANK YOU FOR JOINING US TODAY. THANK YOU SO MUCH.
(APPLAUSE)
51
NYS ASSEMBLY APRIL 26, 2023
MS. MITAYNES FOR THE PURPOSES OF AN INTRODUCTION.
MS. MITAYNES: THANK YOU. I HAVE THE HONOR
TODAY OF INTRODUCING CADET XINGYU CHEN FROM BROOKLYN AND
COMPANY F3, WITH THE INTENDED BRANCH OF FIELD ARTILLERY AND A MAJOR
IN GEOSPATIAL INFORMATION SCIENCE AND A MEMBER OF THE PAINTBALL
TEAM, WITH MILITARY TRAINING FOR CADET FIELD TRAINING SQUAD LEADER.
CADET CHEN GRADUATED HIGH SCHOOL IN 2018 AND ENLISTED IN THE U.S.
ARMY AS A DENTAL SPECIALIST, SERVED THREE YEARS AND HAD AN OPPORTUNITY
TO APPLY TO WEST POINT WITH THE HELP OF HER COMMANDER AND
NON-COMMISSIONED OFFICER. CADET CHEN HAD THE OPPORTUNITY TO TRAVEL
DURING HER ENLISTMENT, INCLUDING VISITING OTHER POSTS AND MEETING
PEOPLE WITH DIFFERENT GOALS. UPON GRADUATION FROM WEST POINT, CADET
CHEN PLANS ON ENTERING THE U.S. ARMY BRANCH KNOWN AS FIELD ARTILLERY
AND CONTINUE HER MILITARY CAREER.
IT IS MY HONOR TO INTRODUCE CADET CHEN, AND I ASK THE
SPEAKER WITH RESPECT TO WELCOME -- WELCOME HER TO THE CHAMBERS.
ACTING SPEAKER AUBRY: CERTAINLY. CADET
CHEN, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY AND
THANK YOU FOR JOINING US TODAY AND WISH YOU WELL IN YOUR CAREER.
THANK YOU.
(APPLAUSE)
MR. STECK FOR THE PURPOSES OF A INTRODUCTION.
MR. STECK: THANK YOU VERY MUCH, MR. SPEAKER. I
AM HERE TO RECOGNIZE CADET AVANEESH BENKI, WHO IS FROM THE TOWN OF
NISKAYUNA WHERE INCIDENTALLY, THE SUPERVISOR OF THAT TOWN, JAIME
52
NYS ASSEMBLY APRIL 26, 2023
PUCCIONI, ALSO HAS A SON WHO IS A CADET AT WEST POINT. I CERTAINLY
CONGRATULATE CADET BENKI ON HIS APPOINTMENT TO THE UNITED STATES
MILITARY ACADEMY AND THANK HIM FOR HIS SERVICE. CADET BENKI IS A
MAJOR IN APPLIED STATISTICS AND DATA SCIENCE. HE HAS A PASSION FOR
BOXING, HE IS INVOLVED IN THAT CLUB SPORT. HE SAYS, QUOTE, "THE REASON
I DECIDED TO ATTEND WEST POINT WAS TO CHALLENGE MYSELF AND FOR THE
GREAT EDUCATION", CLOSED QUOTE. HE RAN TRACK AND PLAYED TENNIS IN HIGH
SCHOOL, ENJOYS SPENDING TIME WITH FRIENDS AND LEARNING GUITAR. HIS
PLANS FOR THE FUTURE INCLUDE CONTINUE BOXING AT A HIGH LEVEL WHILE AT
WEST POINT, AND TAKING ADVANTAGE OF GOING TO SPECIALITY SCHOOLS
INCLUDING HOPEFULLY COMPLETING A SEMESTER ABROAD. HE PLANS TO ENTER
THE MILITARY INTELLIGENCE OR INFANTRY BRANCH AND PURSUE A HIGHER
DEGREE.
AGAIN, IT IS MY GREAT HONOR TO WELCOME CADET
AVANEESH BENKI TO THE CHAMBER.
(APPLAUSE)
ACTING SPEAKER AUBRY: CERTAINLY. WELCOME,
CADET AND THANK YOU FOR JOINING US.
MR. STIRPE FOR THE PURPOSES OF A INTRODUCTION.
MR. STIRPE: THANK YOU, MR. SPEAKER. I'D LIKE TO
INTRODUCE CADET AMY [SIC] BRANCATO, A PROUD 2020 GRADUATE OF
LIVERPOOL HIGH SCHOOL IN THE 127TH ASSEMBLY DISTRICT, AND A FORMER
ALL-CONFERENCE SOCCER PLAYER WHO IS CURRENTLY MAJORING IN
ENGINEERING MANAGEMENT. IF YOU TALK TO THE PEOPLE THAT KNOW AMY
[SIC] BEST, THEY DESCRIBE HER THIS WAY: SHE'S A HARD WORKER,
53
NYS ASSEMBLY APRIL 26, 2023
SELF-MOTIVATED, WISE BEYOND HER YEARS. SHE WAS THE ONE YOU CAN
DEPEND ON, AND ONE WHO TAKES DISAPPOINTMENT IN STRIDE AND
PERSEVERES. I DON'T KNOW ABOUT ANYONE ELSE, BUT TO ME THIS SOUNDS LIKE
THE DEFINITION OF A LEADER. SOMEONE YOU WOULD WANT TO PUT IN CHARGE
OF A COMPANY, A COMMUNITY OR A NATION.
I JUST WANT TO CONGRATULATE AMY [SIC] ON HER GREAT
WORK AT THE ACADEMY, AND I WANT TO OFFER MY APPRECIATION FOR THE
SACRIFICES SHE IS MAKING IN SERVICE TO OUR NATION. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. THANK
YOU SO VERY MUCH (AUDIO CUTS OUT). CONGRATULATIONS.
(APPLAUSE)
MR. VANEL FOR THE PURPOSES OF A INTRODUCTION.
MR. VANEL: THANK YOU, MR. SPEAKER. FIRST OF ALL,
I AM PROUD TO INTRODUCE CADET ARBIN HOQUE. ARBIN IS FROM QUEENS
VILLAGE, NEW YORK. HE WAS BORN IN BANGLADESH. HE LIVED IN THE
VILLAGES OF DHAKA UNTIL THE AGE OF SIX. HE SAID THAT ONCE HIS FATHER
BOUGHT A LOTTERY VISA TICKET, THEY HAD GREAT LUCK AND ASPIRATIONS AND HE
WON THE LOTTERY. IT ALLOWED HIM TO IMMIGRATE FROM THE VILLAGES IN
BANGLADESH TO NEW YORK CITY. HE SAID THAT HE FOUND HIS CALLING TO
SERVE THROUGH HIS FATHER AND HIS GRANDFATHER. BOTH -- BOTH MEN HAVE
LIVED THEIR LIVES FIGHTING AND UPHOLDING FOR THINGS THAT THEY BELIEVED
IN, AND THEY INSTILLED WITHIN HIM TO PROTECT THOSE THAT HE LOVES. HE
PLANS UPON GRADUATING, HE'S A -- HE'S A RANGER PLATOON LEADER IN THE
INFANTRY. HE'D LIKE TO ATTEND GRADUATE SCHOOL AND SHIFT INTO -- INTO
54
NYS ASSEMBLY APRIL 26, 2023
INTERNATIONAL RELATIONS AND SERVE IN AN AMBASSADOR ROLE.
WE'RE VERY PROUD OF ARBIN. PLEASE WELCOME ARBIN TO
THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ARBIN,
WELCOME HERE TO THE NEW YORK STATE ASSEMBLY. WE WISH YOU WELL ON
YOUR TERM HERE AT WEST POINT AND FOR YOUR FUTURE. THANK YOU SO VERY
MUCH FOR BEING HERE.
(APPLAUSE)
MR. EACHUS FOR THE PURPOSES OF A INTRODUCTION.
MR. EACHUS: THANK YOU, MR. SPEAKER. I HAVE THE
PRIVILEGE OF INTRODUCING CADET CARLEY AMBER WOELFEL. SHE AND I
WITHIN A FEW MINUTES WERE ABLE TO HAVE A CONNECTION, AS SHE CURRENTLY
LIVES WITH HER FAMILY IN WANTAGH, WHICH IS NEXT-DOOR TO SEAFORD WHERE
I GREW UP. AND AS YOU WILL FIND AS I GO THROUGH HER -- HER WISHES FOR
THE FUTURE, IT GOES RIGHT IN LINE WITH MY 40 YEARS OF TEACHING AP
PHYSICS. CADET CARLEY IS IN CHARLIE 2 COMPANY. HER INTENDED BRANCH
IS THE ENGINEERS. SHE IS CURRENTLY MAJORING IN MECHANICAL ENGINEERING.
SHE DOES PARTICIPATE IN SOME CLUBS, THE SANDHURST CLUB AND CORBIN
FORUM. AND HER MILITARY TRAINING IS THE FALL SANDHURST, CADET LEADER
DEVELOPMENT TRAINING EXECUTIVE OFFICER. SHE IS VERY ENERGETIC, SHE'S
AUTHENTIC, KIND AND AN INQUISITIVE YOUNG LADY, PASSIONATE ABOUT SERVING
OUR COUNTRY AND DOING ENGINEERING AND JUST LOVING LIFE. FIERCE
COMPETITOR AND AN ENGINEER WHO WANTS TO BUILD STEEL BRIDGES IN
COMPETITIONS AND PERHAPS IN THE REST OF HER LIFE, AND AN AVID READER.
THE PLANS FOR THE FUTURE FOR CARLEY ARE AS AN ENGINEER AT FORT LEWIS
55
NYS ASSEMBLY APRIL 26, 2023
GRADUATE SCHOOL FOR ENGINEERING, WORK IN THE CIVILIAN SECTOR AS A
BRIDGE ENGINEER, TEACH AT THE HIGH SCHOOL LEVEL -- BING -- AND BE A
NATIONAL PARK RANGER. SO I HOPE SHE CAN FULFILL ALL THESE THINGS.
MR. SPEAKER, PLEASE WELCOME CARLEY TO THE
ASSEMBLY. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. CARLEY,
WELCOME HERE TO THE NEW YORK STATE ASSEMBLY. WE CONGRATULATE YOU
ON WHAT YOU'VE DONE SO FAR, LOOK FORWARD TO YOUR BRIGHT AND BRILLIANT
FUTURE. THANK YOU SO MUCH FOR BEING HERE.
(APPLAUSE)
MS. JEAN-PIERRE.
MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER. I
HAVE THE PLEASURE AND HONOR TO INTRODUCE FIRST CAPTAIN LAUREN
DRYSDALE. HER HOMETOWN IS IRVINE, CALIFORNIA. HER LEADERSHIP, HER
FIRST CAPTAIN OF THE U.S. MILITARY ACADEMY CORPSE [SIC] OF CADETS, THE
HIGHEST POSITION IN THE CADET CHAIN OF COMMAND. HER MAJOR IS
BUSINESS MANAGEMENT. SHE'S A TEAM CAPTAIN FOR THE WOMEN'S SOCCER
TEAM. HER MILITARY TRAINING INCLUDES CADET FIELD TRAINING PLATOON
SERGEANT, CADET LEADER DEVELOPMENT TRAINING, CADET BASIC TRAINING
AND COMMAND SERGEANT MAJOR. AS FIRST CAPTAIN -- AS FIRST CAPTAIN,
DRYSDALE IS RESPONSIBLE FOR OVERALL PERFORMANCE OF APPROXIMATELY
4,400-MEMBER CORPSE [SIC] OF CADETS. HER DUTIES INCLUDE
IMPLEMENTING A CLASS AGENDA AND ACTING AS A LIAISON BETWEEN THE
CORPSE [SIC] AND ADMINISTRATION. IN THE PRESS RELEASE MAKING THE
ANNOUNCEMENT OF HER APPOINTMENT, DRYSDAY -- DRYSDALE STATED, WHEN
56
NYS ASSEMBLY APRIL 26, 2023
AN INDIVIDUAL HAS THE DRIVE AND WILLINGNESS TO ACHIEVE EXCELLENCE, GO
THE EXTRA MILE, ADHERE TO THE STANDARDS AND STAY FOCUSED ON THE
COLLECTIVE GOAL, WHICH IS TO SERVE OUR NATION -- TO SERVE OUR NATION, THE
STRONGER -- THE STRONGER THE CORPSE [SIC] WILL BE.
DRYSDALE'S CADETSHIP INCLUDED A VARIETY OF
ACCOMPLISHMENTS AND ACTIVITIES SUCH AS RECEIVING THE SUPERINTENDENT'S
AWARD FOR EXCELLENCE FOR BEING IN THE TOP FIVE PERCENT OF THE CLASS
ACADEMICALLY, MILITARILY AND PHYSICALLY; DISTINGUISHED CADET AWARD;
PATRIOT LEAGUE ALL-AMERICAN HONOR ROLL; AND THE FIRST TEAM ALL-
PATRIOT LEAGUE.
DRYSDALE STATES, I HOPE TO COMMISSION AS AN ENGINEER
OFFICER AND BECOME A SAPPER PLATOON LEADER. I WOULD ALSO LIKE TO
PURSUE AN MBA AND COME BACK TO TEACH AT WEST POINT IN THE BS&L,
BEHAVIORAL SCIENCE AND LEADERSHIP DEPARTMENT. I'D LOVE TO HAVE A
FAMILY AND CONTINUE TO SERVE OTHERS IN ANY MANNER THAT I CAN.
WELCOME.
ACTING SPEAKER AUBRY: CERTAINLY. FIRST
CAPTAIN, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, AND
TO ALL OF YOU WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. KNOW THAT
YOU ALWAYS ARE WELCOME HERE, ALWAYS HAVE FRIENDS HERE, AND WILL GO
WITH OUR BLESSINGS AND PRAYERS. THANK YOU SO VERY MUCH.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THANK YOU
SO MUCH. IT IS MY HONOR TO INTRODUCE TO THE BODY GENERAL STEVEN
57
NYS ASSEMBLY APRIL 26, 2023
GILLAND. BY THE WAY, WE DID HEAR FROM THE GENERAL. WE HEARD THOSE
POWERFUL WORDS FROM HIM. BUT WE HAVE NOT HEARD OF HIS STELLAR CAREER,
THE CAREER IN WHICH HE CHOOSES TO USE TO BRING FORTH THESE NEW STUDENTS
AND FUTURE LEADERS OF THE WORLD. LIEUTENANT GENERAL GILLAND WAS
COMMISSIONED TO THE UNITED STATES ARMY UPON GRADUATION FROM THE
UNITED STATES MILITARY ACADEMY IN 1990. AS AN INFANTRY OFFICER HE
SERVED IN A VARIETY OF TECHNICAL ASSIGNMENTS IN AIR ASSAULT, ARMOR,
INFANTRY, RANGER AND SPECIAL OPERATIONS UNIT. HE HAS SERVED THE 24TH
INFANT -- INFANTRY DIVISION, THE 2ND INFANTRY DIVISION, THE 57TH, 75TH
RANGER REGIMENT, THE UNITED STATES ARMY OF SPECIAL OPERATIONS
COMMAND, THE 1ST CALVARY DIVISION, THE 101ST AIRBORNE DIVISION, THE
2ND INFANTRY DIVISION, COMBINED DIVISION, THE 3RD ARMORED CORPSE
[SIC] AND THE UNITED STATES MILITARY. LIEUTENANT GENERAL HAS
COMMANDED AT MULTIPLE LEVELS THROUGHOUT HIS CAREER, MOST RECENTLY AS
COMMANDING GENERAL OF THE 2ND COMBINED DIVISION IN KOREA. HE
HAS PARTICIPATED IN NUMEROUS OPERATIONAL DEPLOYMENTS TO THE MIDDLE
EAST, AFRICA AND AFGHANISTAN. PRIOR TO ASSUMING HIS DUTIES AS THE
U.S.M.A'S 61ST SUPERINTENDENT AT WEST POINT, HE SERVED AS THE DEPUTY
COMMANDING GENERAL OF THE 3RD ARMORED CORPSE [SIC] IN FORT HOOD,
TEXAS. LIEUTENANT GENERAL HOLDS A MASTER'S DEGREE IN MILITARY
OPERATIONS, ART OF SCIENCE DEGREE IN -- FROM THE AIR FORCE AND AIR
FORCE COMMAND AND STAFF COLLEGE. HIS AWARDS ARE NUMEROUS, AND I'M
JUST GOING TO MENTION A FEW OF THEM, MR. SPEAKER. THEY INCLUDE THE
DISTINGUISHED SERVICE MEDAL WITH TWO OAK LEAF CLUSTERS, DEFENSE
SUPERIOR SERVICE MEDAL, LEGION OF MERIT WITH TWO OAK LEAF CLUSTERS,
58
NYS ASSEMBLY APRIL 26, 2023
AND THE BRONZE STAR MEDAL WITH THREE OAK LEAF CLUSTERS.
LIEUTENANT GENERAL HAS BEEN HAPPILY MARRIED TO HIS
WEST POINT CLASSMATE, BETSY, FOR MORE THAN 32 YEARS. THE TEAM OF
GILLAND ARE THE PROUD PARENTS OF THREE CHILDREN. WE'RE VERY PROUD TO
HAVE THE GENERAL HERE WITH US TODAY AND WE WANT TO THANK HIM FOR
JOINING US AS WELL.
THANK YOU, SIR.
MR. SPEAKER, WE ARE ALSO JOINED BY A -- BY THE WAY, I
THINK WE SHOULD APPLAUD HIS STELLAR CAREER BECAUSE THERE IS NOT
ANYBODY IN THE STATE WHO HAS A CAREER LIKE HE HAS.
(APPLAUSE)
MR. SPEAKER, WE ARE ALSO JOINED BY A NUMBER OF WEST
POINT SUPPORT PERSONNEL, INCLUDING SERGEANT FIRST CLASS JOHN DESERIO;
MR. JIM FOX, PUBLIC AFFAIRS OFFICER; MR. MATTHEW HINTZ, PUBLIC
AFFAIRS OF COMMUNITY RELATION -- COMMUNITY ENGAGEMENT OFFICER;
SERGEANT FIRST CLASS LUISTO BROOKS, PUBLIC AFFAIRS OFFICER,
NON-COMMISSIONED; SERGEANT FIRST CLASS RYAN WEISS,
NON-COMMISSIONED OFFICER IN CHARGE OF -- TO THE SUPERINTENDENT; AND
MICHAEL BRESLIN, CLASS OF 1961 WEST POINT AND FORMER COUNTY --
ALBANY COUNTY EXECUTIVE.
IF YOU WOULD WELCOME THEM, PLEASE, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE MEMBERS, WE
WELCOME THESE INDIVIDUALS HERE TO THE NEW YORK STATE ASSEMBLY.
THANK YOU FOR BEING A PART OF WEST POINT DAY, AND HOPE THAT YOU WILL
59
NYS ASSEMBLY APRIL 26, 2023
KNOW THAT YOU ARE ALWAYS WELCOME HERE AND WILL RETURN WHENEVER
YOU'D LIKE. THANK YOU SO VERY MUCH.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THAT
CONCLUDES OUR OPPORTUNITY TO HONOR THESE FINE MEN AND WOMEN AND
OFFICERS. I DO WANT TO JUST MENTION THAT I RECALL WITH GREAT FONDNESS THE
FIRST TIME I HAD THE EXPERIENCE TO WITNESS WEST POINT DAY IN OUR
CHAMBERS. AND HONESTLY, IT HAS -- IT HAS ALWAYS BEEN AN INSPIRATION TO
ME. IT LET'S ME KNOW WHY OTHER PEOPLE LOVE OUR COUNTRY SO MUCH, AND
IT MAKES ME SOMETIMES QUESTION WHY THOSE OF US WHO ARE HERE DON'T
LOVE IT AS MUCH. SO WE WANT TO THANK THEM FOR THEIR PRESENCE HERE AND
HONOR THEIR COURAGE AND THANK THEM FOR THEIR SELFLESS SERVICE. AND AS
WE TAKE A FEW MINUTES TO ALLOW THEM TO MOVE ON TO THEIR NEXT STOP, WE
AGAIN WANT TO APPRECIATE THEM BEING HERE.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH.
(APPLAUSE)
(PAUSE)
LADIES AND GENTLEMEN, WE ARE ABOUT TO RESUME. SHH.
SHH. PAGE 13, CALENDAR NO. 102, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01687, CALENDAR NO.
102, RIVERA, CLARK, CRUZ, DE LOS SANTOS, DINOWITZ, FAHY, HEVESI,
LAVINE, MAMDANI, MCMAHON, MEEKS, PEOPLES-STOKES, L. ROSENTHAL,
SAYEGH, SEAWRIGHT, TAYLOR, ZINERMAN, JACKSON, SIMON, LUNSFORD,
60
NYS ASSEMBLY APRIL 26, 2023
JACOBSON, EPSTEIN, WEPRIN, KELLES, THIELE, STIRPE, GLICK. AN ACT TO
AMEND THE INSURANCE LAW, IN RELATION TO PROHIBITING THE EXCLUSION OF
COVERAGE FOR LOSSES OR DAMAGES CAUSED BY EXPOSURE TO LEAD-BASED
PAINT.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. RIVERA.
MR. RIVERA: THANK YOU, MR. SPEAKER. THE BILL
BEFORE US WOULD PROHIBIT THE PRACTICE CALLED THE LEAD POISONING
EXCLUSION. IT'S CURRENTLY FOUND IN MOST GENERAL LIABILITY INSURANCE
POLICIES. CURRENTLY, THE DEPARTMENT OF FINANCIAL SERVICES ALLOWS
INSURANCE COMPANIES TO WRITE GENERAL LIABILITY POLICIES THAT SPECIFICALLY
EXCLUDE LEAD POISONING CLAIMS FROM THEIR COVERAGE. THIS WOULD SEEK
TO UNDO THAT EXCLUSION.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. RIVERA, WILL YOU
YIELD?
MR. RIVERA: I DO.
MR. GOODELL: THANK YOU VERY MUCH, MR. RIVERA.
I -- I NOTE THAT THE AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION
ALONG WITH THE BIG I, THE PROFESSIONAL INSURANCE AGENTS, THE NEW YORK
CENTRAL MUTUAL, AMERICAN INTERNATIONAL GROUP, THE NEW YORK
INSURANCE ASSOCIATION, THE NATIONAL ASSOCIATION OF INSURANCE
COMPANIES ALL STATE THAT ELIMINATING THIS EXEMPTION WOULD, QUOTE,
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NYS ASSEMBLY APRIL 26, 2023
"HAVE A DRAMATIC IMPACT ON THE AFFORDABILITY OF INSURANCE." IS THAT
CONSISTENT WITH YOUR UNDERSTANDING AS WELL?
MR. RIVERA: IT'S A GOOD AND FAIR QUESTION. SO, I
GUESS I HAVE TWO RESPONSES TO THAT. ONE WOULD BE, YOU KNOW, AFTER
MANY CONVERSATIONS ON MY END WITH STAKEHOLDERS AND AMONG THOSE
ORGANIZATIONS I HAVE NOT BEEN ABLE TO HAVE CLEAR FEEDBACK ON WHAT THIS
INCREASE IN PRICES WOULD BE. AND TRUTHFULLY, WHERE I FEEL IT'S A BIT
DISINGENUOUS IS THAT, YOU KNOW, PRIOR TO THE EARLY '90S WHEN THIS
EXEMPTION WAS INCLUDED MOST POLICIES ALREADY HAD THIS. YOU WERE
ABLE TO FILE THIS SORT OF CLAIM. AT THE TIME, THE GOVERNOR OF THE DAY, BY
EXECUTIVE ORDER, MADE IT SO THAT THIS EXCLUSION WAS EFFECTUATED.
WHEN THE INSURANCE COMPANIES REALIZED THAT POLICIES WOULD NO LONGER
HAVE TO CARRY SUCH WORDING, THEY DIDN'T DECREASE ALL OF OUR PREMIUMS.
WE DIDN'T START PAYING LESS BECAUSE THEY WE'RE GOING TO COVER LESS. BUT
HERE WE ARE, LOOKING TO REVERSE SOMETHING THAT WAS CLEARLY DONE AS A
POOR POLICY, IN MY OPINION, AND -- AND NOW WE HAVE CERTAIN
INDIVIDUALS OR CERTAIN COMPANIES STATING THAT THERE'S GOING TO BE AN
INCREASE IN PREMIUMS WITHOUT ANY EVIDENCE ON THEIR PART TO SAY ANY
SORT OF SPECIFICS OF WHAT THAT WOULD LOOK LIKE.
MR. GOODELL: WHEN YOU MENTIONED THAT THIS
POLICY KICKED IN IN 1990, AS YOU KNOW, BACK IN 1990 AS MUCH AS 75
PERCENT OF CLAIMS AGAINST INSURANCE COMPANIES RELATED TO THIS
PARTICULAR ISSUE, AND AT THAT TIME THE REASON THE EXEMPTION WAS PUT INTO
PLACE IS BECAUSE IT WAS ACTUALLY THREATENING THE SOLVENCY OF INSURANCE
COMPANIES IN NEW YORK STATE. DO YOU HAVE ANY REASON TO BELIEVE THAT
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NYS ASSEMBLY APRIL 26, 2023
THE SITUATION NOW IS SUBSTANTIALLY OR SIGNIFICANTLY DIFFERENT THAN BACK
THEN?
MR. RIVERA: I'D SAY IT'S HARD TO IMAGINE THAT THIS
ONE ACT WOULD BRING INSURANCE COMPANIES TO INSOLVENCY, BUT I WOULD
SAY THAT WE'RE GIVING THEM ADEQUATE TIME AS PART OF THIS, YOU KNOW, BILL
TO -- TO COME UP TO WHERE -- WHERE WE THINK THEY SHOULD BE. AND
TRUTHFULLY, I THINK AS LONG AS INDIVIDUALS ARE GOING TO BE LIVING IN
HOMES WHERE THEY ARE CLEARLY BEING EXPOSED TO LEAD, I -- I THINK AS
LONG AS WE'RE OKAY NOT ALLOWING THEM THE AVENUE BY WHICH THEY COULD
SEEK ANY SORT OF DAMAGES WE'RE GOING TO CONTINUE TO SEE THE
AFTEREFFECTS OF WHAT LEAD POISONING CAN DO TO CHILDREN.
MR. GOODELL: NOW, AS I MENTIONED, EVERY
LEADING INSURANCE GROUP AND AGENCY AND EVEN COMPANIES IN NEW YORK
STATE HAD SAID THAT THIS BILL WOULD CAUSE A, QUOTE, "DRAMATIC INCREASE."
HAVE YOU HEARD OF ANY QUANTIFYING NUMBERS THAT ARE DIFFERENT? HAVE
ANY INSURANCE COMPANIES SAID IT WOULD BE ONLY A MODEST INCREASE OR A
SMALL INCREASE?
MR. RIVERA: I HAVEN'T HEARD FROM A SINGLE
INSURANCE COMPANY GIVING ME A DEFINITIVE NUMBER OF WHAT INCREASES
WOULD LOOK LIKE, WHETHER THEY WERE SEVERE OR MINIMAL. IT'S STILL ZERO.
MR. GOODELL: SO FROM YOUR PERSPECTIVE, YOU
DON'T KNOW THE COST INCREASE THAT WOULD LIKELY OCCUR, BUT YOU DON'T
HAVE ANY EVIDENCE TO INDICATE IT WOULD BE OTHER THAN WHAT WE HAVE
BEEN ADVISED IN WRITING WHICH WOULD BE A DRAMATIC INCREASE?
MR. RIVERA: I WOULDN'T SAY THAT ON MY END I
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NYS ASSEMBLY APRIL 26, 2023
WOULDN'T KNOW THE NUMBER, I'D SAY ON THE PART OF INSURANCE COMPANIES
THEY DON'T KNOW THE NUMBER.
MR. GOODELL: I SEE. OF COURSE WE ALL KNOW THAT
IN -- IN EVERY BUSINESS CONTEXT WHEN THERE'S A SUBSTANTIAL INCREASE OF
COST, THAT COST INCREASE IS PASSED ON TO THE CONSUMERS. THAT WOULD
LIKELY INCUR -- OCCUR AS WELL IN THIS SITUATION, RIGHT? I MEAN, THE
LANDLORDS, IF THEY SEE A SUBSTANTIAL INCREASE IN THEIR INSURANCE THEY
HAVE NO CHOICE IF THEY'RE GOING TO STAY IN BUSINESS BUT TO PASS IT ON TO
THE TENANTS, CORRECT?
MR. RIVERA: I THINK THE PREMISE THAT YOU'RE GOING
DOWN IS SORT OF ASSUMING THAT THERE'S GOING TO BE A STEEP INCREASE. I
TEND TO THINK THAT THAT'S NOT GOING TO BE THE CASE. LIKE I SAID BEFORE,
INSURANCE COMPANIES COVERED THIS FOR MANY, MANY, MANY, MANY YEARS.
THEY NO LONGER DO. WHEN THEY STOPPED COVERING IT FOR HOMEOWNERS
THAT ALREADY HAD POLICIES THEY DIDN'T DECREASE THEIR PREMIUMS. SO TO
SORT OF CRY THAT THE SKY IS FALLING IF WE DO THIS IS SORT OF, YOU KNOW, A
BIT ONE-SIDED, BUT IF THAT'S THE CASE THAT THEY WANT TO MAKE.
MR. GOODELL: NOW, THIS -- THIS BILL REQUIRES EVERY
INSURANCE POLICY TO HAVE THAT COVERAGE, CORRECT? IT WOULD MAKE IT
ILLEGAL FOR ANYONE TO BUY INSURANCE THAT DIDN'T HAVE THE COVERAGE; IS
THAT CORRECT?
MR. RIVERA: IT REMOVES THE INSURANCE COMPANIES
FROM HAVING THAT EXEMPTION, SO --
MR. GOODELL: SO IF A LANDLORD, FOR EXAMPLE, SPENT
THOUSANDS OF DOLLARS TO COMPLETELY REMEDIATE HIS APARTMENT, HE'D STILL
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NYS ASSEMBLY APRIL 26, 2023
HAVE TO BUY THE EXCEPTION -- OR STILL HAVE TO BUY AND PAY FOR AN
INSURANCE POLICY THAT COVERED LEAD?
MR. RIVERA: WHAT IT SAYS IS THAT THE EXEMPTION
WOULD BE WITHDRAWN. SO, I MEAN, IT DOESN'T MEAN THAT EVERY POLICY
WOULD HAVE IT, IT JUST MEANS THAT NO INSURANCE COMPANY COULD -- COULD
BASE THEIR -- THEIR -- THEIR POLICIES ON THE EXEMPTION. SO WE WOULD NO
LONGER (INAUDIBLE) --
MR. GOODELL: BUT THIS BILL DOESN'T PROVIDE AN
EXCEPTION, IF YOU WILL, IF YOU -- IF YOUR BUILDING TESTS CLEAN OR IT'S BUILT
AFTER 1972 OR IT NEVER, EVER HAD LEAD IN IT? YOU'D STILL, IF YOU BOUGHT
THE POLICY, WOULD HAVE -- THAT POLICY WOULD HAVE COVERAGE FOR LEAD AND
YOU'D BE PAYING FOR IT, CORRECT?
MR. RIVERA: CORRECT.
MR. GOODELL: CAN YOU EXPLAIN HOW THIS WOULD
WORK IN PRACTICE? IF EVERY INSURANCE POLICY HAS TO COVER LEAD AND A
TENANT, SAY, IS IN HALF-A-DOZEN DIFFERENT APARTMENT BUILDINGS AND THEN
CLAIMS DAMAGES, HOW WOULD THOSE DAMAGES BE APPORTIONED?
MR. RIVERA: I SUPPOSE THE INSURANCE COMPANY
WOULD HAVE TO GO THROUGH THEIR STANDARD UNDERWRITING PROCESS FOR
EVERY CLAIM THAT'S SUBMITTED, AND THAT'S SORT OF (INAUDIBLE) ON THEIR END.
MR. GOODELL: BUT AS OF TODAY THAT COVERAGE IS NOT
AVAILABLE. SO ARE YOU SAYING THAT THERE WOULD BE RETROACTIVE LIABILITY
OR LIABILITY ON PRIOR LANDLORDS WHO DIDN'T HAVE INSURANCE COMPANY --
INSURANCE COVERAGE?
MR. RIVERA: THIS ONLY SPEAKS TO LANDLORDS THAT
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NYS ASSEMBLY APRIL 26, 2023
HAVE INSURANCE ON THEIR PROPERTY. SO IT --
MR. GOODELL: I UNDERSTAND, BUT I MEAN, LET'S SAY A
CLAIM IS MADE AFTER THIS GOES INTO EFFECT. PRESUMABLY, THE INSURANCE
COMPANY IS ONLY GOING TO COVER DAMAGES THAT OCCUR AFTER A COVERAGE
OCCURS, RIGHT? THEY DON'T PROVIDE RETROACTIVE COVERAGE. AND SO THEN
WHAT? ONLY PART OF THE DAMAGES WOULD BE COVERED AND THE REST THAT
MIGHT BE ATTRIBUTABLE TO A PRIOR OCCUPANCY IS -- STILL REMAIN UNCOVERED?
MR. RIVERA: I SUPPOSE IT WOULD DEPEND A BIT ON
WHEN A CHILD IS DIAGNOSED WITH LEAD POISONING AND WHETHER THEY
SIMPLY LIVED IN THAT UNIT WHEN THE DIAGNOSIS TOOK PLACE. AFTER THAT I
SUPPOSE IT'S BETWEEN THE INSURANCE COMPANY AND THE TENANT.
MR. GOODELL: NOW, OF COURSE WE'VE SEEN, AND
THANKFULLY, A DRAMATIC REDUCTION IN POSITIVE LEAD TESTING. THERE WAS AN
84 PERCENT DROP FROM '98 TO 2004, AND MORE RECENTLY FROM 2018 TO '19
THERE WAS A 21 PERCENT DROP. THAT IS VERY POSITIVE, OF COURSE,
SOMETHING WE ALL WELCOME AND CELEBRATE. WHAT IS THE LEVEL OF LEAD
POISONING NOW COMPARED TO, SAY, 1990?
MR. RIVERA: OH, IT SUBSTANTIALLY DECREASED. WHAT
I WOULD SAY, THOUGH, AT THE SAME TIME THAT MAKES NEW YORK UNIQUE IN
IT ALL IS THAT NEW YORK HAS THE GREATEST NUMBER OF HOUSING UNITS,
HIGHEST PERCENTAGE OF PRE-1950 HOUSING AND THE OLDEST HOUSING
INVENTORY IN ALL 50 STATES. AND BECAUSE THESE HOUSES CONTINUE TO BE ON
THE MARKET AND THESE UNITS CONTINUE TO BE ON THE MARKET THEN THIS IS AN
ILLNESS THAT WILL CONTINUE TO HAPPEN.
MR. GOODELL: NOW, AS YOU KNOW, NEW YORK
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NYS ASSEMBLY APRIL 26, 2023
STATE HAS A LEAD POISON PREVENTION ACT THAT WE PASSED, AND AS PART OF
THAT WE HAVE A NEW YORK STATE ADVISORY COUNCIL ON LEAD POISONING.
DOES THAT ADVISORY COUNCIL ENDORSE THIS BILL?
MR. RIVERA: COULDN'T TELL YOU.
MR. GOODELL: OKAY. THANK YOU VERY MUCH.
ON THE BILL, SIR.
ACTING SPEAKER BRAUNSTEIN: ON THE BILL,
MR. GOODELL.
MR. GOODELL: I SHARE MY COLLEAGUE'S CONCERN
ABOUT LEAD POISONING, BUT I THINK MANDATING INSURANCE COVERAGE WITH
NO EXCEPTIONS IS THE WRONG APPROACH. AND HERE'S WHY: FIRST OF ALL, IF
YOU ARE A LANDLORD AND YOU SPEND THE MONEY TO REMEDIATE YOUR
BUILDING, YOU SHOULDN'T HAVE TO PAY FOR INSURANCE COVERAGE AFTER
PAYING THOUSANDS OF DOLLARS TO ABATE ANY LEAD. AND THIS LEGISLATION HAS
NO EXCEPTION, WHICH MEANS IF YOU ARE A HORRIFIC LANDLORD AND YOU DO
NOTHING ABOUT LEAD, YOUR INSURANCE BILL IS THE SAME AS THE ABSOLUTE BEST
LANDLORD WHO PUTS ALL THE MONEY INTO HIS APARTMENT TO ABATE LEAD.
THAT'S WRONG. THIS BILL ALSO REQUIRES EVERY LANDLORD WHO HAS A NEWER
HOME THAT NEVER, EVER HAD LEAD TO BUY COVERAGE THAT THEY DON'T NEED
AND DON'T WANT. SO IN THE PROCESS WHAT WE DO IS WE ELIMINATE ALL THE
FINANCIAL INCENTIVES FOR LANDLORDS TO CORRECT THE PROBLEM. BECAUSE IF
YOU CAN BUY INSURANCE AND YOU HAVE EVERYONE WHO HAS NO CLAIMS
PAYING FOR IT, YOU HAVE NO FINANCIAL INCENTIVE TO FIX THE PROBLEM. ON
THE OTHER HAND, IF YOU CAN'T GET THE INSURANCE COVERAGE AND YOU HAVE
PERSONAL LIABILITY, YOU HAVE A VERY STRONG INCENTIVE TO CORRECT THE
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NYS ASSEMBLY APRIL 26, 2023
PROBLEM. AND AS THE LEGISLATURE, AS A MATTER OF PUBLIC POLICY DON'T WE
WANT TO ENCOURAGE LANDLORDS TO FIX THE PROBLEM? DON'T WE WANT
LANDLORDS TO HAVE PERSONAL LIABILITY IF THEY MISBEHAVE? DON'T WE WANT
TO REWARD THE GOOD LANDLORDS BY LETTING THEM KNOW THAT IF THEY MAKE
THAT INVESTMENT THEY DON'T HAVE TO PAY FOR THE INSURANCE AND THEY DON'T
HAVE PERSONAL LIABILITY? THIS SENDS ALL THE WRONG FINANCIAL MESSAGES
TO THE LANDLORDS. AND HERE'S THE PROBLEM, THE SECOND PROBLEM. IT
FORCES A SUBSTANTIAL INCREASE IN COST TO THE LANDLORDS WHICH WILL BE
PASSED ON TO THE TENANTS. TENANTS WHO ARE LEAST ABLE TO AFFORD IT. NOW
THE LANDLORD WHO HAS TO PAY THE HIGHER PREMIUM NO LONGER HAS THE
SAME AMOUNT OF MONEY AVAILABLE FOR REMEDIATION BECAUSE THE LANDLORD
IS FORCED BY THIS LAW TO PAY THE HIGHER PREMIUM. NOW, EVERY
INSURANCE AGENCY, EVERY INSURANCE ORGANIZATION AND ASSOCIATION HAS
TOLD US THAT THIS LEGISLATION WILL CAUSE A SUBSTANTIAL INCREASE IN
PREMIUMS, WHICH MEANS THEY'LL BE A SUBSTANTIAL INCREASE IN COSTS
PASSED ON TO OUR TENANTS. FROM MY PERSPECTIVE, WE, AS THE LEGISLATURE,
SHOULD DO EVERYTHING WE CAN TO ENCOURAGE LANDLORDS TO REMEDIATE THE
SITUATION. AND WE SHOULDN'T FORCE GOOD LANDLORDS TO PAY HIGHER
INSURANCE TO COVER THE LEAD LIABILITY OF BAD LANDLORDS. THAT DOESN'T
MAKE SENSE. THAT FALLS INTO THE SAME CATEGORY AS SAYING EVERY GOOD
DEED SHOULD BE PUNISHED. THAT'S NOT OUR ROLE, IS IT? WE WANT TO
ENCOURAGE LANDLORDS TO BE RESPONSIBLE. WE WANT TO DO WHAT WE CAN TO
KEEP THE RENT ON LOWER-INCOME FAMILIES AS LOW AS POSSIBLE. WE WANT A
SAFER NEW YORK, AND WE GET A SAFER NEW YORK BY HAVING PERSONAL
LIABILITY ON LANDLORDS WHO DON'T DO WHAT'S RIGHT. WE HAVE A NEW YORK
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NYS ASSEMBLY APRIL 26, 2023
STATE ADVISORY COUNCIL ON LEAD POISONING. THEY ARE EXPERTS
APPOINTED TO ADDRESS THIS VERY ISSUE AND THEY DO NOT RECOMMEND THIS
APPROACH.
SO MY FRIENDS, LET'S NOT ADOPT LEGISLATION THAT REMOVES
THE FINANCIAL INCENTIVE FOR LANDLORDS TO MAKE THEIR APARTMENTS SAFER.
LET'S NOT FORCE LANDLORDS TO RAISE THE RENT ON TENANTS WHO ARE STRUGGLING
NOW. LET'S FOCUS ON POLICIES THAT REDUCE EXPOSURE, INCREASE SAFETY AND
KEEP COSTS AS LOW AS POSSIBLE FOR OUR GOOD LANDLORDS AND THE TENANTS
THAT LIVE THERE. THANK YOU.
ACTING SPEAKER BRAUNSTEIN: THANK YOU,
MR. GOODELL.
MR. BLUMENCRANZ.
MR. BLUMENCRANZ: THANK YOU. I -- I THINK I'M
JUST GOING TO SPEAK ON THE BILL.
ACTING SPEAKER BRAUNSTEIN: ON THE BILL.
MR. BLUMENCRANZ: I HAD A LOT OF QUESTIONS. I
FEEL LIKE THIS BILL HAS COME UP QUITE A FEW TIMES AND A LOT OF IT'S BEEN
ASKED AND ANSWERED. I FIND THIS BILL INCREDIBLY -- INCREDIBLY DAMAGING
AND INCREDIBLY DANGEROUS TO THE HOUSING ECOSYSTEM IN NEW YORK.
WHEN YOU LOOK AT NEW YORK CITY, HOW MANY EMPTY UNITS SIT BECAUSE
OF IRRESPONSIBLE LEGISLATION WE'VE SEEN HERE? SOMETHING LIKE THIS
WHICH WOULD ESSENTIALLY CAUSE INSURERS TO LEAVE THE MARKET, THEY WON'T
-- THEY COULD JUST RAISE THE RATES ON EVERYBODY, WHICH WILL RAISE THE
RENTS ON EVERYBODY, BUT THEY -- A LOT OF THEM WILL JUST LEAVE THE NEW
YORK MARKET WHICH WILL AGAIN LEAD TO HIGHER PRICES. AND IT'S JUST
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NYS ASSEMBLY APRIL 26, 2023
INCREDIBLY FRUSTRATING TO SEE SOMETHING LIKE THIS SHOW UP OVER AND OVER
AGAIN AND NOT TO TAKE INTO CONSIDERATION THE FACT THAT THE INSURANCE
COMPANIES DO NOT PURCHASE THE BUILDINGS. AND IF THESE LANDLORDS
WANTED BUILDINGS THAT ASSUMED THIS RISK IT'S NOW GOING TO MAKE
EVERYONE IN THE CITY ASSUME THE SAME RISK.
SO I JUST -- I AM DEFINITELY IN THE NEGATIVE AND I
STRONGLY URGE MY COLLEAGUES WHO ARE CONCERNED ABOUT THE HOUSING
CRISIS AND THE AFFORDABILITY CRISIS IN NEW YORK TO DO THE SAME. THANK
YOU.
ACTING SPEAKER BRAUNSTEIN: THANK YOU.
THE CLERK WILL READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER BRAUNSTEIN: A PARTY VOTE
HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. CERTAINLY,
MEMBERS WHO SUPPORT IT CAN VOTE IN FAVOR HERE ON THE FLOOR OF THE
ASSEMBLY.
THANK YOU, SIR.
ACTING SPEAKER BRAUNSTEIN: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION. HOWEVER, THERE MAY BE A FEW THAT WOULD
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NYS ASSEMBLY APRIL 26, 2023
DESIRE TO BE AN EXCEPTION. THEY'RE CERTAINLY WILLING TO DO THAT FROM THE
FLOOR.
THANK YOU, SIR.
ACTING SPEAKER BRAUNSTEIN: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I -- TO EXPLAIN MY VOTE. I, FIRST OF ALL, APPRECIATE THE SPONSOR
OF THIS LEGISLATION FOR UNDERSTANDING THAT AT SOME POINT, EVEN THOUGH
WE LIVE IN A SOCIETY AND A DEMOCRACY THAT IS LITERALLY A PARTNERSHIP
BETWEEN THE PUBLIC AND BUSINESS, WE NEED BUSINESS TO SURVIVE. BUT
WHEN BUSINESS CREATES ERRORS LIKE PUTTING LEAD IN PAINT THAT WE KNEW
SHOULDN'T HAVE HAPPENED BACK IN 1940, AS A SOCIETY, BUT WE ALLOWED IT
TO HAPPEN. MULTIPLE COUNTRIES ACROSS THE WORLD DID NOT BECAUSE THEY
KNEW THE RAMIFICATIONS OF IT. BUT AT THE END OF THE DAY, BUSINESS DIDN'T
PAY FOR THAT MISTAKE. IT'S BEEN GOVERNMENT THAT'S BEEN PAYING FOR IT.
WE PAY FOR IT CONSISTENTLY ON A REGULAR BASIS THROUGH HEALTHCARE. THE
COST OF HEALTHCARE CONTINUES TO GO UP. WE PAY THROUGH IT THROUGH
EDUCATION. THE COST OF EDUCATION CONTINUES TO GO UP. IT'S NOT
GOVERNMENT THAT CREATED THE PROBLEM, BUT WE'RE THE ONES WHO WERE
RESPONSIBLE FOR TRYING TO PAY FOR THE DAMAGES THAT IT'S CREATED. I THINK
IT'S TIME FOR BUSINESS TO PAY FOR DAMAGES THAT THEY CREATED. I'M NOT
SURE WHY WHEN PREVIOUS YEARS YOU COULD SUE INSURANCE COMPANIES FOR
SOMEONE HAVING LEAD IN THEIR APARTMENT OR IN THEIR HOME THAT DAMAGED
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NYS ASSEMBLY APRIL 26, 2023
YOUR CHILD'S ABILITY THEN YOU WERE ALLOWED TO (INAUDIBLE) ENTIRE SYSTEM
DAMAGED YOUR CHILD'S ABILITY TO BE PROPERLY EDUCATED. THAT WAS IN
PLACE. SOMEBODY INTENTIONALLY TOOK THAT OUT TO AGAIN PROTECT BUSINESS.
AND I'M NOT ADVERSE TO BUSINESS. I'M FROM A FAMILY OF BUSINESS
PEOPLE. WE SUPPOSED TO BE IN A PARTNERSHIP HERE. BUT YOU CAN'T
ALWAYS EXPECT GOVERNMENT TO BE THE ONE TO TAKE CARE OF PROBLEMS THAT
BUSINESSES CREATE AND THEN COMPLAIN ABOUT THE COST OF GOVERNMENT. AT
SOME POINT BUSINESSES HAVE TO STAND UP TO THE PLATE AND ACCEPT
RESPONSIBILITY FOR WHAT THEY'VE DONE. IF YOU WANT TO BE IN THE
INSURANCE INDUSTRY, IT SHOULD BE OKAY WITH YOU TO SAY THAT PEOPLE WHO
GET YOUR POLICIES, LISTEN, YOU HAVE TO HAVE -- YOU CANNOT BE POISONING
PEOPLE IN YOUR PROPERTY IF YOU WANT ME TO INSURE YOU. AND THEN
PEOPLE WILL STOP POISONING FOLKS IN THEIR PROPERTY. SO AT SOME POINT
WE HAVE TO STAND UP. WE HAVE TO STAND UP AS CITIZENS, WE HAVE TO
STAND UP AS GOVERNMENT, WE HAVE TO STAND UP FOR THE PEOPLE WHO HAVE
BEEN DAMAGED, LITERALLY DAMAGED BY LEAD PAINT THAT DIDN'T HAVE TO BE IN
OUR SOCIETY. IT WASN'T A CHOICE OF GOVERNMENT, IT WAS A CHOICE OF
BUSINESS AND THEY SHOULD BE THE ONES RESPONSIBLE FOR PAYING FOR IT.
ACTING SPEAKER BRAUNSTEIN: MRS. PEOPLES-
STOKES IN THE AFFIRMATIVE.
MR. ZACCARO TO EXPLAIN HIS VOTE.
MR. ZACCARO: THANK YOU, MR. SPEAKER. I JUST
WANT TO ECHO THE SENTIMENTS OF THE MAJORITY LEADER. AND, YOU KNOW, I
RISE TODAY BECAUSE I THINK IT'S IMPORTANT FOR FOLKS AND INDIVIDUALS TO
UNDERSTAND AS A BROTHER WHO WATCHED HIS SISTER SUFFER FROM LEAD
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NYS ASSEMBLY APRIL 26, 2023
POISONING AS A CHILD AND SOMEONE WHO HAD TO GROW UP WITH
DEVELOPMENTAL DISABILITIES AND -- AND LEARNING DISABILITIES. I THINK IT'S
AN IMPORTANT FACT TODAY THAT WE SHOULD ALL UNDERSTAND THAT ALMOST ONE
MILLION PEOPLE DIE EVERY YEAR DUE TO LEAD POISONING, AND MANY -- AND
MORE MILLIONS OF CHILDREN SUFFER FROM LONG-TERM HEALTH EFFECTS AS A
RESULT OF LEAD POISONING. AND SO I THINK IT'S CRUCIAL THAT WE LOOK AT
THOSE FACTS AND LOOK AT THAT POINT AND SIT HERE AND MAKING SURE THAT WE
DO EVERYTHING WE CAN TO SUPPORT AND PROTECT NEW YORKERS INSTEAD OF
SUPPORTING INSURANCE COMPANIES.
SO I WANT TO THANK THE SPONSOR FOR THIS BILL AND I VOTE
IN THE AFFIRMATIVE.
ACTING SPEAKER BRAUNSTEIN: MR. ZACCARO
IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 16, CALENDAR NO. 139, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04928, CALENDAR NO.
139, RAJKUMAR, LUNSFORD. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO COVERING PUTRESCIBLE AND
NON-PUTRESCIBLE WASTE TRANSPORTED BY RAIL.
ACTING SPEAKER BRAUNSTEIN: AN
EXPLANATION IS REQUESTED.
MS. RAJKUMAR: CERTAINLY, MR. SPEAKER. I AM
PLEASED TO PROVIDE AN EXPLANATION. THIS BILL ENSURES THAT WASTE
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NYS ASSEMBLY APRIL 26, 2023
TRANSPORTED BY RAIL IN NEW YORK IS PROPERLY CONTAINED TO PREVENT
LEAKAGE, SPILLAGE AND LITTER. WASTE TRANSPORT BY RAIL HAS INCREASED
RAPIDLY AS THE TRUCKING OF GARBAGE CONTINUES TO BE PHASED OUT AND
REPLACED BY RAIL TRANSPORT. REMARKABLY, THE SHIPPING OF SOLID WASTE BY
RAIL HAS INCREASED 35 PERCENT EVERY SINGLE YEAR SINCE 2020, AND THE
WASTE BY RAIL INDUSTRY IS BOOMING. THE PROBLEM IS THAT SOLID WASTE
SHIPPED BY RAIL TRAVELS LONG DISTANCES TO LANDFILLS, AND THIS LONG
DISTANCE TRAVEL CREATES GREAT OPPORTUNITY FOR LEAKAGE AND SPILLS.
LEAKAGE, SPILLS AND NOXIOUS FUMES FROM THIS WASTE HARMS THE
SURROUNDING COMMUNITIES, POSING SEVERE HEALTH HAZARDS AND ALSO
ENVIRONMENTAL HAZARDS. MY BILL FIXES THE PROBLEM BY REQUIRING
PUTRESCIBLE WASTE TRANSPORTED BY RAIL TO BE COVERED WITH SEALING HARD
LIDS, AND NON-PUTRESCIBLE WASTE TO BE COVERED WITH HARD TARPING. AND
IF YOU'RE WONDERING WHAT PUTRESCIBLE MEANS, IT MEANS WASTE THAT IS
LIKELY TO DECAY. REQUIRING THE PROPER COVERAGE OF WASTE TRANSPORTED
BY RAIL IS A SIMPLE AND COST-EFFECTIVE FIX THAT WILL HELP PEOPLE STAY
HEALTHY AND PROTECT OUR ENVIRONMENT.
ACTING SPEAKER BRAUNSTEIN: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER BRAUNSTEIN: WILL THE
SPONSOR YIELD?
MS. RAJKUMAR: CERTAINLY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
MR. GOODELL.
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NYS ASSEMBLY APRIL 26, 2023
MR. GOODELL: THANK YOU VERY MUCH. ALL OF US, I
THINK, IN THIS ROOM SUPPORT THE OBJECTIVE OF THIS BILL, WHICH IS TO ENSURE
THAT WASTE THAT'S TRANSPORTED BY RAIL IS PROPERLY COVERED AND IS NOT
LITTERING EITHER THE RAIL LINE OR THE NEIGHBORING COMMUNITIES. JUST -- I
HAD A COUPLE OF QUESTIONS TO MAKE SURE THAT WE'RE CLEAR ON THE
LEGISLATIVE HISTORY ON HOW THIS WOULD BE APPLIED. AM I CORRECT THAT THE
INTENT OF THIS BILL IS TO FOCUS ON REQUIRING THOSE WHO ARE SHIPPING THE
WASTE TO HAVE IT PROPERLY COVERED?
MS. RAJKUMAR: YES, THAT IS CORRECT.
MR. GOODELL: AND AS YOU KNOW, A RAILROAD
DOESN'T PUT TOGETHER THE -- THE CARS AT ALL, THEY JUST HOOK UP AND
TRANSPORT THEM. SO THE RAILROAD HAS NO DIRECT CONTROL OVER HOW THOSE
CARS ARE PACKED. THIS IS NOT REALLY AIMED AT THE RAILROAD, IS IT? IT'S
MORE AIMED AT THOSE WHO LOAD THE WASTE AND ARE RESPONSIBLE FOR
PROPERLY COVERING IT?
MS. RAJKUMAR: YES. THE ONUS IS NOT JUST ON THE
RAILWAY, IT'S ON EVERYONE THAT'S INVOLVED IN TRANSPORTING THIS WASTE,
WHICH AS YOU CORRECTLY NOTE INCLUDES THE SHIPPERS, WASTE MANAGEMENT
COMPANIES AND MUNICIPALITIES.
MR. GOODELL: WELL, I WANT TO GO BACK A LITTLE BIT
TO WHAT YOU SAID. IF THE RAILROAD IS IN FULL COMPLIANCE WITH FEDERAL
STANDARDS, WOULD THE RAILROAD HAVE ANY LIABILITY IF A SHIPPER VIOLATED
THESE STANDARDS?
MS. RAJKUMAR: THE -- THE ONUS WOULD BE ON THE
SHIPPER BECAUSE THE SHIPPER IN YOUR SCENARIO HAS VIOLATED THE STANDARD.
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NYS ASSEMBLY APRIL 26, 2023
MR. GOODELL: THANK YOU VERY MUCH FOR THAT
CLARIFICATION.
ON THE BILL, SIR.
ACTING SPEAKER BRAUNSTEIN: ON THE BILL,
MR. GOODELL.
MR. GOODELL: OF COURSE WE WANT TO MAKE --
MAKE IT CLEAR WHERE THE LIABILITY LIES, AND I APPRECIATE THE SPONSOR'S
CLARIFICATION AND UNEQUIVOCAL STATEMENT THAT THE RESPONSIBILITY LIES ON
THE SHIPPER TO MAKE SURE THAT THE RAILCAR IS PROPERLY SECURED. THAT IS
WHERE THE LIABILITY SHOULD APPLY, BECAUSE THE RAILROAD JUST COMES IN,
PICKS UP THE CARS AND TRANSPORTS THEM. AND OBVIOUSLY, A RAILROAD
CANNOT HAVE, YOU KNOW, 49 SEPARATE STANDARDS THAT APPLY TO THE TRAIN AS
IT'S CROSSING THE COUNTRY. AND SO I -- I APPRECIATE THE SPONSOR'S
CLARIFICATION. THIS APPLIES TO THE SHIPPER TO ENSURE THAT THEIR CONTAINERS
ARE PROPERLY SECURE. AND AS LONG AS THE RAILROAD IS COMPLYING WITH ALL
THE FEDERAL REQUIREMENTS, THE RAILROAD WOULD NOT HAVE LIABILITY. AND
THAT AVOIDS THE FEDERAL PREEMPTION ISSUE THAT WAS A CONCERN FOR SOME
RAILROADS. IT ALSO AVOIDS A PROBLEM WITH INTERSTATE TRANSPORT BECAUSE IT
KEEPS THE LIABILITY ON THE LOCAL LEVEL OR THE SHIPPER WHO LOADS THE CAR.
WITH THAT CLARIFICATION I WILL BE SUPPORTING THE BILL.
THANK YOU, SIR.
ACTING SPEAKER BRAUNSTEIN: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
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NYS ASSEMBLY APRIL 26, 2023
ACTING SPEAKER BRAUNSTEIN: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. RAJKUMAR TO EXPLAIN HER VOTE.
MS. RAJKUMAR: THANK YOU SO MUCH, MR.
SPEAKER. TODAY THROUGH THE PASSING OF MY LEGISLATION, WE ARE TAKING A
MAJOR STEP TOWARDS OVERSEEING THE WASTE BY RAIL INDUSTRY WHICH HAS
EXPANDED FOR 15 YEARS WITHOUT STANDARDS AND WITHOUT A PUBLIC PLAN OR
MITIGATION FOR HARMS CAUSED. AS THE WASTE BY RAIL INDUSTRY BOOMS,
EXPANDING REMARKABLY BY 35 PERCENT EVERY SINGLE YEAR, IT IS TIME TO
TAKE ACTION TO PROTECT THE HEALTH OF THE PEOPLE OF NEW YORK AND OUR
PRECIOUS ENVIRONMENT. IT IS TIME TO PUT A LID ON IT, QUITE LITERALLY. I
INTRODUCED THIS BILL FOR THE SAKE OF MY CONSTITUENTS WHO HAVE BEEN
HARMED BY WASTE BY TRANSPORT BY RAIL. STUDENTS AT A SCHOOL NEAR MY
DISTRICT REPORTED BREATHING IN NOXIOUS FUMES THAT GAVE THEM HEADACHES
AND PREVENTED THEM FROM CONCENTRATING. IN THE WORDS OF ONE
CONSTITUENT, THE SMELL IS BEYOND DISGUSTING. EVEN MORE SERIOUSLY, ONE
OF MY NEIGHBORS LIVING NEAR THE WASTE BY RAIL TRACKS GOT LUNG CANCER.
MINE IS A COMMONSENSE BILL THAT WILL PREVENT THESE HARMS. BY SIMPLY
COVERING RAIL CARS TRANSPORTING WASTE, WE CAN PREVENT NOXIOUS FUMES
AND HAZARDOUS SPILLS FROM ENDANGERING THE PEOPLE. ALL WE HAVE TO DO
IS PUT A LID ON IT. WE NEED TO PUT A LID ON IT. IT'S TIME TO PUT A LID ON
THE GARBAGE, TO PUT A LID ON THE NOXIOUS FUMES, TO PUT A LID ON THE
HAZARDOUS WASTE. IT'S TIME TO PUT A LID ON THE DESTRUCTION OF OUR HEALTH,
TO PUT A LID ON EVERYTHING DESTROYING OUR ENVIRONMENT. JUST PUT A LID
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NYS ASSEMBLY APRIL 26, 2023
ON IT. IT IS COMMON SENSE. WE WILL SAVE LIVES AND COMMUNITIES WITH
THIS SIMPLE BILL.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER BRAUNSTEIN: MS. RAJKUMAR
IN THE AFFIRMATIVE.
MS. LUNSFORD TO EXPLAIN HER VOTE.
MS. LUNSFORD: THANK YOU, MR. SPEAKER. AND
THANK YOU SO MUCH TO THE SPONSOR OF THIS BILL. MUCH OF THAT INCREASE IN
WASTE BY RAIL ENDS UP IN MY DISTRICT AT HIGH ACRES LANDFILL, WHICH IS
THE SECOND-LARGEST LANDFILL IN THE STATE OF NEW YORK. THE NOXIOUS
FUMES CAUSED BY THESE TRASH TRAINS TRAVELING THROUGH MY COMMUNITY
ARE THE NUMBER ONE COMPLAINT MY OFFICE RECEIVES. WE GET UPWARDS OF
50 TO 70 A WEEK. I CANNOT TELL YOU HOW GRATEFUL THE PEOPLE OF THE
135TH DISTRICT WILL BE TO HEAR OF THE PASSAGE OF THIS BILL. IT'S
ENORMOUSLY IMPORTANT AND LONG OVERDUE.
I VOTE IN THE AFFIRMATIVE. THANK YOU VERY MUCH.
ACTING SPEAKER BRAUNSTEIN: MS. LUNSFORD
IN THE AFFIRMATIVE.
MR. HEVESI TO EXPLAIN HIS VOTE.
MR. HEVESI: THANK YOU, MR. SPEAKER. I RISE TO
COMMEND THE SPONSOR. WE SHARE THE SAME COMMUNITIES, AND THIS HAS
BEEN AN ONGOING ISSUE FOR -- FOR MANY, MANY YEARS, INCLUDING THAT WE
-- RECENTLY THIS BODY LED GETTING THE ACTUAL TRAINS, THE ENGINES -- WE PUT
IN MONEY EVERY YEAR FOR THE LAST SEVEN OR EIGHT YEARS, ABOUT $3 MILLION
EACH, TO GET THE ENGINES THAT CARRY THIS WASTE TO NOT BE PART OF THE TYRE
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NYS ASSEMBLY APRIL 26, 2023
POLLUTING ENGINES, BUT TO BE THE CLEANER ENGINES. SO THAT WAS THE FIRST
STEP. BUT NOW THIS IS ALSO GOING TO DEAL WITH ONE OF THE BIGGEST ISSUES
THAT OUR -- OUR CONSTITUENTS COMPLAIN ABOUT. AND JUST FOR CONTEXT, THIS
IS NOT JUST ABOUT TRAINS PASSING THROUGH. IN OUR SHARED COMMUNITIES,
THE TRAINS STOP FOR DAYS AND HOURS IN THE HOT SUN AND THERE ARE -- ON
EITHER SIDE OF THESE RAILROADS THERE ARE HOUSES AND THEY'RE OUR
CONSTITUENTS. THIS HAS BEEN AN ONGOING PROBLEM. I AM SO GRATEFUL TO
THE SPONSOR FOR HER LEADERSHIP ON THIS. THIS IS A GREAT DAY FOR OUR
COMMUNITIES. SO THANK YOU AGAIN FOR ALL OF YOUR WORK.
THANK YOU.
ACTING SPEAKER BRAUNSTEIN: MR. HEVESI IN
THE AFFIRMATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I, TOO, RISE TO COMMEND THE SPONSOR OF THIS LEGISLATION.
THERE ARE NOT MANY COMMUNITIES IN THE STATE OF NEW YORK THAT DON'T
HAVE COMMERCE TRAINS TRAVELING BACK AND FORTH BETWEEN THEIR
COMMUNITIES. AND AS WAS STATED, SOME OF THEM ARE PASSING IN
RESIDENTIAL NEIGHBORHOODS, SOME OF THEM ARE PASSING COMMERCIAL
BUSINESSES. SOME OF THEM ARE JUST SIMPLY YOU HAVE TO DRIVE YOUR CAR
OVER THE RAILROAD TRACKS IN ORDER TO GET TO THE OTHER SIDE IN YOUR
COMMUNITY. AND SO IT'S JUST IMPORTANT THAT, YOU KNOW, BUSINESSES
ASKED TO TAKE THIS RESPONSIBILITY AND PROTECTING US ALL BECAUSE YOU
DON'T KNOW WHERE PEOPLE LIVE AND YOU DON'T KNOW HOW THE RESULTS OF
WHAT'S STREAMING OFF OF THEIR TRAINS AND HOW IT WILL IMPACT PEOPLE'S
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NYS ASSEMBLY APRIL 26, 2023
LIVES. THIS IS A CRITICALLY IMPORTANT PIECE OF LEGISLATION ASKING PEOPLE
TO TAKE THE RESPONSIBILITY TO PROTECT US WHILE THEY RUN THEIR BUSINESS.
SO I THANK THE SPONSOR AND I'M PLEASED TO VOTE YES.
ACTING SPEAKER BRAUNSTEIN: MRS. PEOPLES-
STOKES IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, RULES REPORT NO. 123, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02084-A, RULES
REPORT NO. 123, GLICK, L. ROSENTHAL, FAHY, COLTON, JACOBSON, STECK,
PAULIN, BURDICK, KELLES, EPSTEIN, SEAWRIGHT, SIMON, SIMONE. AN ACT
TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO
PROHIBITING THE USE OF LEAD AMMUNITION IN THE TAKING OF WILDLIFE ON
STATE-OWNED LAND AND LAND CONTRIBUTING SURFACE WATER TO THE NEW YORK
CITY WATER SUPPLY.
ACTING SPEAKER BRAUNSTEIN: AN
EXPLANATION IS REQUESTED.
MS. GLICK: CERTAINLY, MR. SPEAKER. THE BILL HAS
BEEN AROUND A LITTLE BIT AND IT BASICALLY INDICATES THAT WILDLIFE SHOULD
NOT BE TAKEN BY THE USE OF LEAD AMMUNITION ON STATE-OWNED PROPERTIES
AND IN AND AROUND THOSE NEW YORK CITY RESERVOIR AND THE LANDS
CONTRIBUTING TO THE SURFACE WATER.
ACTING SPEAKER BRAUNSTEIN: MR. SIMPSON.
MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD
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NYS ASSEMBLY APRIL 26, 2023
THE SPONSOR YIELD?
ACTING SPEAKER BRAUNSTEIN: MS. GLICK,
WILL YOU YIELD?
MS. GLICK: CERTAINLY.
ACTING SPEAKER BRAUNSTEIN: THE SPONSOR
YIELDS.
MR. SIMPSON: THANK YOU. SO AS YOU SAID, YOU
SAID THE STATE LANDS AND THE WATERS CONTRIBUTING TO THE NEW YORK CITY
WATERSHED. SO -- SO IT'S ONLY A STATE LAND IN THE ADIRONDACK AND
CATSKILL PARK, ALL OF THE STATE LANDS THROUGHOUT THE STATE --
MS. GLICK: I'LL READ FROM THE BILL. THE WILDLIFE
MANAGEMENT AREAS, STATE FORESTS, FOREST PRESERVES, STATE PARKS AND
OTHER STATE-OWNED LAND THAT IS OPEN FOR HUNTING, WHICH COMPRISES
ABOUT 15 PERCENT OF THE STATE LAND. AND I HAVE -- THERE IS A ANNUAL
ACCESS TO HUNTING BROCHURE THAT IS PROVIDED TO HUNTERS WHICH HAS AND
WILL CLEARLY, SHOULD THIS BE SIGNED INTO LAW, BE AMENDED TO CLARIFY
EXACTLY WHAT ADDITIONAL RESTRICTIONS THERE MIGHT BE. IT ALSO ALLOWS FOR
THE SYLLABUS THAT IS PROVIDED TO BE UPDATED.
MR. SIMPSON: WELL, THAT -- YOU'RE CORRECT. THE
ENTIRE STATE, THOUGH, IS BROKEN UP INTO WILDLIFE MANAGEMENT UNITS. SO,
YOU KNOW, WITHOUT A MAP OR SOME KIND OF, YOU KNOW, DETAILS, WE'RE
LEFT TO QUESTION WHAT IS EXACTLY ENCOMPASSED WITHIN THE REGION THAT
YOU ARE PROHIBITED USING LEAD AMMO.
MS. GLICK: WELL, I AM INFORMED THAT DEC PROVIDES
AN ONLINE, UPDATED MAP ANNUALLY. I'M LOOKING AT A FEW PAGES FROM THE
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NYS ASSEMBLY APRIL 26, 2023
ACCESS TO HUNTING AREAS THAT IS PART OF THE NEW YORK HUNTING AND
TRAPPING GUIDE AND IT PROVIDES INFORMATION. THERE ARE SOME PARKS
WHERE HUNTING IS PERMITTED AND I BELIEVE IN ONE OF THE LAST
CONVERSATIONS AND AGREEMENTS WITH NEW YORK CITY, THE CITY OPENED
SOME OF THE LANDS AROUND THE RESERVOIRS TO HUNTING. SO IN THOSE
INSTANCES, PEOPLE CAN STILL HUNT.
MR. SIMPSON: CORRECT.
MS. GLICK: THIS DOESN'T CHANGE SOMEONE'S ABILITY
TO HUNT. IT JUST CHANGES THE AMMUNITION THAT THEY WOULD BE USING IN
SOME OF THESE LOCATIONS.
MR. SIMPSON: AM I CORRECT THAT IT'S NOT ONLY STATE
LAND IN THE WATERSHED, THAT IT'S ALSO PRIVATE PROPERTIES IN THE WATERSHED,
NEW YORK CITY WATERSHED?
MS. GLICK: WITHIN THE -- WITHIN THE WATERSHED --
MR. SIMPSON: THAT'S A YES, THOUGH, RIGHT? PRIVATE
PROPERTIES IN THE NEW YORK CITY WATERSHED.
MS. GLICK: YES.
MR. SIMPSON: THANK YOU. HOW DID WE COME
ABOUT DEFINING THIS AREA, THIS AREA OF FOCUS, WHAT IS SUCH A SMALL
REPRESENTATION OF THE HUNTING OPPORTUNITIES IN NEW YORK?
MS. GLICK: WELL --
MR. SIMPSON: I MEAN -- NO, I'LL LET YOU ANSWER.
GO AHEAD, SORRY.
MS. GLICK: THE BILL IS ARRIVED AFTER A DISCUSSION
WITH FOLKS WHO WERE WORKING BOTH WITH DEP, WHICH IS THE NEW YORK
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NYS ASSEMBLY APRIL 26, 2023
CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND DEC, PEOPLE WHO
WERE WORKING ON AN EAGLE PROJECT. AND IT HAD TO DO WITH THE FACT THAT
THE EAGLES THAT HAVE REBOUNDED, AND WE ARE ALWAYS VERY EXCITED TO SEE
THEM WHEN THEY ARE FLYING OVER EITHER THE HUDSON OR THE DELAWARE OR
WHAT HAVE YOU, VERY EXCITING, BUT THEY WERE FINDING THAT THE EAGLES
WHICH ARE IN MANY INSTANCES SCAVENGERS, AS WELL AS OTHER RAPTORS, WERE
DYING OF LEAD POISONING. AND SO THIS CONCERN CAME TO ME FROM THOSE
FOLKS WHO WERE WORKING IN THIS AREA AND SAID THAT IT WOULD BE MORE
APPROPRIATE IF THERE WERE NON-LEAD AMMUNITION USED TO DO THAT. AND I
WILL JUST TAKE TWO MORE SECONDS TO SAY THAT AS I DID MORE RESEARCH, I
THOUGHT THERE ARE A LOT OF PEOPLE WHO HUNT TO AUGMENT THEIR FAMILY'S
FOOD SUPPLY, I TOTALLY RESPECT THAT, AND THEY SHOULD PROBABLY NOT BE
EATING VENISON THAT HAS BEEN TAKEN WITH LEAD AMMUNITION.
MR. SIMPSON: OKAY. SO YOU'RE AWARE OF THE
WORKING GROUP THAT INCLUDES THE DEC --
MS. GLICK: MM-HMM.
MR. SIMPSON: -- CONSERVATION GROUPS, AND THEY
HAVE A PROGRESS REPORT FROM APRIL 2023. YOU SAID YOU -- DEC
SUGGESTED THE IDEA OF THE --
MS. GLICK: I DIDN'T SAY DEC SUGGESTED THE IDEA, I
SAID THERE WERE INDIVIDUALS WORKING ON A, ON AN EAGLE PROJECT, A RAPTOR
PROJECT, SOME OF WHOM WORKED FOR DEC, SOME OF WHOM WORKED FOR
DEP AND WERE OBSERVING THIS MORTALITY IN EAGLES AND SOME OTHER
RAPTORS.
MR. SIMPSON: THE EAGLES ARE ALL OVER THE UNITED
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NYS ASSEMBLY APRIL 26, 2023
STATES, I DON'T THINK THEY'RE ONLY CONCENTRATED IN THE AREA --
MS. GLICK: WELL, WE CAN ONLY DEAL WITH NEW YORK.
IF I WAS IN A POSITION TO --
MR. SIMPSON: CORRECT.
MS. GLICK: -- ENCOURAGE PEOPLE.
MR. SIMPSON: BUT, FROM YOUR NUMBERS, THIS
REPRESENTS 15 PERCENT OF NEW YORK STATE. SO I'M TRYING TO ASCERTAIN IS
IT A PROBLEM THROUGHOUT NEW YORK STATE WITH BALD EAGLES OR IS IT ONLY
A PROBLEM WITH BALD EAGLES WITHIN THIS 15 PERCENT THAT YOUR BILL
INCORPORATES?
MS. GLICK: I WILL SAY TO YOU THAT WE ARE -- POLITICS
IS, IN PART, THE ART OF THE POSSIBLE. AND I WILL SAY TO YOU THAT CLEARLY,
SPORTSMEN DON'T LIKE TO BE TOLD ANYTHING ABOUT WHAT THEY CAN AND
CANNOT DO. AS IT IS, THERE ARE CERTAIN PLACES THEY CAN HUNT AND THERE IS
CERTAIN -- YOU ASKED ME A QUESTION, MR. SIMPSON--
MR. SIMPSON: I KNOW, I KNOW.
MS. GLICK: -- SO I'M GOING TO ANSWER IT. AND I
RESPECT THAT, BUT I DO BELIEVE THAT ON THE STATE LAND AND THOSE AREAS THAT
ARE AROUND THE RESERVOIRS, IT IS AN APPROPRIATE MINOR -- MINOR
ADJUSTMENT IN PEOPLE'S BEHAVIOR TO HUNT WITH NON-LEAD AMMUNITION.
WE DON'T DRINK GAS, BUT WE TOOK THE LEAD OUT OF GASOLINE. WE DON'T EAT
PAINT, BUT WE TOOK THE LEAD OUT OF PAINT EVEN THOUGH SOMETIMES
CHILDREN WILL, IN FACT, EAT PAINT CHIPS. BUT PEOPLE ACTUALLY DO EAT THE
MEAT FROM ANIMALS THAT HAVE BEEN TAKEN WITH LEAD AMMUNITION. AND
THAT, I THINK, IS A PROBLEM. SO IF I COULD PASS A BILL THAT WOULD JUST SAY,
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NYS ASSEMBLY APRIL 26, 2023
LOOK, IF YOU'RE HUNTING IN NEW YORK STATE, DO YOURSELF A FAVOR, THE
STATE'S GOING TO HELP YOU MAKE THAT CHOICE AND JUST USE NON-LEAD
AMMUNITION IF YOU'RE GOING TO BE HUNTING AND EATING THE RESULT OF THAT
HUNT. BUT WE'RE NOT DOING THAT. WE'RE TAKING A SMALL STEP AND SAYING
AT LEAST ON STATE LAND WE'RE NOT GOING TO HAVE LEAD AMMUNITION LEFT IN
GUT PILES WHERE RAPTORS AND OTHER MAMMALS THAT SCAVENGE CAN, IN FACT,
EAT IT.
MR. SIMPSON: SO DO WE HAVE ANY STUDIES THAT --
WE KNOW WE HAVE STUDIES ON BALD EAGLES AND RAPTORS AND HOW LEAD
AFFECTS THAT AS WELL AS LOONS, THAT'S WHY WE HAVE A BAN ON SINKERS IN,
YOU KNOW, FRESHWATER STREAMS. DO YOU WE HAVE ANY DATA, THOUGH, THAT
GAMING HAS CONTRIBUTED TO ANY LEAD CONTAMINATION WITH ANY HUMAN?
MS. GLICK: WELL --
MR. SIMPSON: OR ARE WE JUST ASSUMING?
MS. GLICK: I WILL SAY THAT THERE HAS BEEN STUDIES IN
OTHER PLACES THAT HAVE TO DO WITH -- THERE WAS A STUDY IN NORTH DAKOTA,
NOT EXACTLY THE MOST PROGRESSIVE STATE IN THE UNION, BUT THEY DID A
STUDY THERE. THEY LOOKED AT --
MR. SIMPSON: CONSUMPTION?
MS. GLICK: -- ONE HUNDRED PACKS -- PACKAGES OF
VENISON THAT WAS GIVEN TO FOOD PANTRIES AND THEY EXAMINED THEM AND
59 OF THEM CONTAINED LEAD FRAGMENTS. AND SO THE DIFFERENCE IS, AND I
WILL SAY THAT EVEN OUR OWN DEC MAKES RECOMMENDATIONS THAT THERE
ARE THINGS THAT ONE CAN DO THAT MAKE SENSE, YOU KNOW, BUT NOT
EVERYBODY CAN LEAD A HORSE TO WATER BUT YOU CAN'T ALWAYS MAKE THEM
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NYS ASSEMBLY APRIL 26, 2023
DRINK, BUT OUR OWN DEC HAS A INFORMATION SHEET THAT SAYS CHOOSE
NON-LEAD AMMUNITION. THE BENEFITS OF NON-LEAD AMMUNITION, LESS
PRONE TO FRAGMENTING, ELIMINATES BULLET FRAGMENTS IN THE WOUND
CHANNEL AS IT FORMS A MUSHROOM, IT'S STILL VERY POWERFUL, AND YIELDS
MORE HIGH QUALITY MEAT AS -- AS IT RETAINS 95 TO 100 PERCENT OF THE
ORIGINAL BULLET WEIGHT, AND I ASSUME THAT MEANS THAT THE WOUND
CHANNEL WOULD BE SMALLER. SO -- AND YOU REDUCE THE RISK OF HARMING
OTHER WILDLIFE, PARTICULARLY EAGLES, FROM GETTING SICK AND DYING FROM
LEAD CONSUMPTION. SO THAT IS THE POSITION OF OUR DEC. IT DOESN'T
PROHIBIT IT, THAT'S WHAT WE'RE DOING, BUT THEY DO RECOMMEND THAT IF
YOU'RE GOING TO HUNT, THAT YOU DO SO WITH NON-LEAD AMMUNITION FOR
YOUR OWN GOOD, THE GOOD OF YOUR FRIENDS AND FAMILY, AND FOR THE
WILDLIFE THAT MIGHT SCAVENGE.
MR. SIMPSON: SO YOU TALK ABOUT SOME OF THE GOOD
THINGS ABOUT COPPER AMMO, BUT YOU DIDN'T SPEAK ABOUT SOME OF THE
NEGATIVES OF USING COPPER AMMO, ACCURACY. THERE'S STUDIES THAT HAVE
ACTUALLY SAID THAT IT'S INHUMANE TO USE COPPER BULLETS BECAUSE THEY
DON'T HAVE THE SAME PROPERTIES OF LEAD WHERE THEY MUSHROOM AND
CREATE A HUMANE TAKING OF AN ANIMAL. THEY'RE HARDER -- THEY'RE HARDER
TO PASS THROUGH THE ANIMAL, THERE'S ALSO THE AVAILABILITY. I KNOW IN MY
LOCAL SHOP, THEY GOT ONE BOX. NOW, I KNOW IN SOMEWHERE I READ IN
YOUR BILL OR MAYBE SOME OF THE INFORMATION THAT YOU'RE COMPARING IT TO
THE COST OF HIGH PERFORMANCE AMMO OR PREMIUM AMMO. BUT THE
DIFFERENCE BETWEEN THE AMMO THAT MOST NEW YORKERS BUY, WHICH IS
THE MASS-PRODUCED REMINGTON, WINCHESTER OR OTHER, IS A DIFFERENCE OF
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NYS ASSEMBLY APRIL 26, 2023
$10 A BOX VERSUS 50 OR MORE FOR PREMIUM AMMO.
MS. GLICK: WELL --
MR. SIMPSON: BUT, IT'S NOT JUST ONE SHOT THAT -- THAT
LEADS UP TO THAT ON THAT HUNTING DAY, THAT DAY YOU DECIDE TO TAKE
(INAUDIBLE). YOU'RE TARGET PRACTICING, YOU'RE BECOMING PROFICIENT WITH
YOUR FIREARM, YOU'RE SHOOTING AMMO. BUT YOU'RE SHOOTING AMMO THAT'S
-- THAT'S BEING MANDATED THAT THERE IS ANOTHER SIDE OF THE STORY THAT TALKS
ABOUT THE PROBLEMS WITH THE AMMO AND THE AVAILABILITY IS NOT THERE.
WE'VE ALREADY PASSED LAWS THAT PROHIBIT MAIL ORDER, ORDERING AMMO
FROM OUT OF NEW YORK STATE FROM ANOTHER STATE. IT'S NOT AVAILABLE HERE
IN QUANTITIES THAT ARE GOING TO MEET THE NEEDS OF OUR HUNTERS.
MS. GLICK: WELL, I HAVE A FEW THINGS TO SAY
ABOUT -- ABOUT THAT. THERE -- THERE WAS THE EFFICACY OF NON-LEAD
AMMUNITION FOR CULLING ELK AT THE THEODORE ROOSEVELT NATIONAL PARK.
SO PARKS, PARK SERVICE, STAFF AND SOME PUBLIC VOLUNTEERS CALLED 983
ELK. NOW, ELK, ARE SUBSTANTIALLY BIGGER THAN OUR DEER. THEY'RE LIKE THE
FIFTH LARGEST LAND MAMMAL HERE BEHIND BISON, MOOSE, POLAR BEARS,
WHICH WE DON'T HAVE ALTHOUGH MAYBE SOON, AND KODIAK BEAR. SO THE
ELK ARE PRETTY BIG ANIMALS AND THEY -- THEY FOUND THAT NON-LEAD
AMMUNITION PROVIDED THE NECESSARY PROVISION -- PRECISION FOR ACCURATE
SHOT PLACEMENT, AND THESE BULLETS TYPICALLY ACCOMPLISH INSTANTANEOUS
OR NEAR INSTANTANEOUS INCAPACITATION OF ELK.
AND SO I WILL SAY TO YOU THAT I UNDERSTAND THAT THE
AMMUNITION IS NOT NECESSARILY IMMEDIATELY AVAILABLE, AND IT'S, YOU
KNOW, A MARKETPLACE. SO IF YOU HAVE MORE PEOPLE USING SOMETHING, IT
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NYS ASSEMBLY APRIL 26, 2023
WILL BE MORE AVAILABLE AND THE PRICE WILL GO DOWN. AND THE BILL DOES
NOT TAKE EFFECT FOR TWO YEARS. SO PEOPLE CAN USE ALL OF THE LEAD
AMMUNITION THAT THEY HAVE STOCKPILED OVER THE MANY YEARS, YOU CAN'T
-- I DON'T BELIEVE THAT THE STATE PARKS AND STATE LAND ARE OPEN FOR TARGET
PRACTICE, I THINK YOU CAN DO THAT AT HOME. YOU CAN'T DO TARGET PRACTICE
-- YOU CAN'T TARGET PRACTICE ON STATE LAND RIGHT NOW ANYWAYS SO ALL OF
THE TARGET PRACTICING HAS TO BE DONE AT A RANGE OR IN YOUR BACKYARD AND,
YOU KNOW, WE ALLOW YOU TO DO THAT. BUT I WILL ALSO SAY THAT THE
MILITARY HAS GONE AWAY FROM THAT AMMUNITION BECAUSE THEY'RE TRYING TO
CLEAN UP THEIR BASES. AND THEY HAVE BEEN DOING THIS FOR THE LAST
DECADE OR MORE, AND HAVE USED THE NON-LEAD AMMUNITION IN FEARS OF
WAR. SO I -- I -- I HEAR WHAT YOU'RE SAYING, BUT, YOU KNOW, YOU TAKE THE
FIRST STEP AND WE'RE JUST TELLING PEOPLE AND WE WILL BE WARNING PEOPLE
THAT IN A COUPLE OF YEARS YOU SHOULD BE LOOKING AT THIS AND THE PRICE
WILL GO DOWN. NOW, I DON'T KNOW, I THINK THAT -- I'VE TALKED TO A COUPLE
OF GUYS WHO'VE HUNTED AND THEY SAY THEY GENERALLY DON'T USE UP MORE
THAN A BOX IN HUNTING SEASON BECAUSE YOU'RE NOT ALLOWED TO TAKE MORE
THAN A CERTAIN AMOUNT WITH THEIR BAG LIMITS, AND SO THERE ARE SOME
LIMITATIONS. AND PRESUMABLY THE -- THE POINT IS NOT TO SHOOT
INDISCRIMINATELY, BUT TO, YOU KNOW, STALK AND CAREFULLY TAKE THE SHOT.
NOW, IT MAY NOT -- YOU MAY HAVE TO TAKE MORE THAN ONE SHOT, I GET
THAT, BUT I DON'T THINK THAT PEOPLE ARE USING THE SAME QUANTITY OF
AMMUNITION WHEN THEY'RE HUNTING -- WELCOME TO SPRING, EXCUSE ME --
BUT RATHER WHEN THEY'RE TARGET PRACTICING, WHERE THEY ARE OBVIOUSLY
GOING TO USE A LOT OF AMMUNITION BECAUSE THAT'S SOME OF THE FUN AND
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NYS ASSEMBLY APRIL 26, 2023
SOME OF THE SPORT.
MR. SIMPSON: SO THIS BILL SAYS HUNTING, AND YOU
BRING UP A GREAT POINT. TARGET SHOOTING ON PRIVATE PROPERTY WITHIN THE
NEW YORK CITY WATERSHED. IS THAT BANNED, IS THAT INCLUDED IN THIS
BILL?
MS. GLICK: NO. THE BILL ACTUALLY RELATES
SPECIFICALLY ON LINE 4, "WILDLIFE SHALL NOT BE TAKEN WITH THE USE OF LEAD
AMMUNITION." SO...
MR. SIMPSON: SO THAT SEEMS TO CONTRADICT IF YOU
REALLY WANT TO ADDRESS A PROBLEM THAT, YOU KNOW, IN MY OPINION YOU'RE
MAKING A LEAP TO CONNECT SHOOTING LEAD AMMO TO LEAD CONTAMINATION
FROM INGESTION. WHEN YOU'RE TARGET PRACTICING, YOU CAN SHOOT -- I CAN
TELL YOU FROM MY OWN EXPERIENCE, I USE TO SHOOT 5,000 ROUNDS EVERY
SEASON BECAUSE I SHOT COMPETITIVELY. THAT'S A LOT OF LEAD, AND I
RELOADED. I DIDN'T HUNT WITH THAT AMMO, I HUNTED WITH MORE EXPENSIVE
STORE-BOUGHT COMMERCIALLY (INAUDIBLE). BUT IF YOU'RE -- IF YOU'RE TRULY,
IF WE'RE REALLY FOCUSED ON ADDRESSING A PROBLEM, WOULDN'T YOU GO AFTER
THE LARGEST EXPOSURE TO LEAD?
MS. GLICK: WELL, I WOULD LIKE TO, BUT, YOU KNOW, I
UNDERSTAND THE DYNAMICS AND THE OPPOSITION FROM YOUR SIDE OF THE
AISLE AND FROM SPORTSMEN'S GROUPS, SO WE'RE TRYING TO DO SOMETHING
THAT AT LEAST MINIMIZES THE DAMAGE TO WILDLIFE AND TO RAPTORS AND TO
EAGLES. BUT YEAH, I THINK, YOU KNOW, WE GOT IT OUT OF GAS -- WE GOT IT
OUT OF -- I THINK WE SHOULD GET IT OUT OF, YOU KNOW, OUT OF AMMUNITION,
BUT THAT'S NOT WHERE WE ARE SO I'M A REALIST AND SO I'M TRYING TO MEET
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NYS ASSEMBLY APRIL 26, 2023
Y'ALL HALFWAY.
MR. SIMPSON: OKAY, THANK YOU.
MS. GLICK: THANK YOU.
MR. SIMPSON: ON THE BILL, SIR.
ACTING SPEAKER BRAUNSTEIN: ON THE BILL.
MR. SIMPSON: AS -- AS YOU JUST LISTENED TO THE
DEBATE, THIS BILL IS, I'VE HEARD THIS EXPRESSION AND I THINK THIS REALLY FITS
IT, IT'S LEGISLATION SEARCHING FOR A PROBLEM. THERE ISN'T A PROBLEM THAT'S
ACTUALLY IDENTIFIED, IT'S SOMETHING THAT IS PERCEIVED BECAUSE WE KNOW
LEAD IS HARMFUL, HARMFUL TO OUR RAPTORS, HARMFUL TO OUR -- OUR HUMAN
BEINGS THAT CONSUME IT. WE'VE GOT HUGE CHALLENGES. WE'VE GOT HOMES
THAT ARE STILL NOT LEAD-FREE. WE'VE GOT SCHOOLS THAT HAVE ELEVATED LEAD
LEVELS THAT ARE -- HAVE BEEN BUILT AS RECENTLY AS 25 YEARS AGO AND
MAYBE EVEN YOUNGER THAN THAT, SOONER THAN THAT. THOSE ARE THE
PROBLEMS THAT WE REALLY SHOULD BE ADDRESSING, NOT MAKING IT MORE
DIFFICULT FOR A SMALL SEGMENT OF THE POPULATION TO -- TO KIND OF BE THE
SCAPEGOAT FOR A BIGGER PROBLEM. THEY'RE NOT THE PROBLEM, THE HUNTERS
THAT MAY SHOOT ONE OR TWO BULLETS A YEAR, AND IT'S ONLY CONFINED TO 15
PERCENT OF NEW YORK STATE'S ENTIRE LANDMASS. THIS DOESN'T MAKE SENSE
TO ME, IT'S NOT ADDRESSING THE REAL PROBLEMS WITH LEAD IN OUR -- IN OUR
SOCIETY AND I'M GOING TO URGE ALL MY COLLEAGUES TO VOTE NO. THANK
YOU.
ACTING SPEAKER BRAUNSTEIN: THANK YOU.
MR. LEMONDES.
MR. LEMONDES: THANK YOU, MR. SPEAKER. WILL
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NYS ASSEMBLY APRIL 26, 2023
THE SPONSOR YIELD?
ACTING SPEAKER BRAUNSTEIN: MS. GLICK,
WILL YOU YIELD?
MS. GLICK: SURE.
ACTING SPEAKER BRAUNSTEIN: THE SPONSOR
YIELDS.
MR. LEMONDES: THANK YOU, CHAIR -- MADAM
CHAIR. THE RAPTOR ISSUE THAT YOU HAD ADDRESSED PREVIOUSLY, I'D LIKE TO
ASK A FEW QUESTIONS ABOUT THAT. ARE YOU AWARE OF THE DEC LETTER DATED
JUNE 30TH, '22 ON EAGLE MORTALITY IN NEW YORK STATE?
MS. GLICK: NO.
MR. LEMONDES: LET ME CITE A FEW FACTS FROM THAT
LETTER AS WE TALK ABOUT THE HEALTH AND ENDANGERMENT OF LEAD WITH
RESPECT TO EAGLE MORTALITY. FORTY-FOUR PERCENT MORTALITY OF EAGLES IN
NEW YORK STATE AS A RESULT OF COLLISION WITH VEHICLES, TRAINS, POWER
LINES AND WINDMILLS; 15 PERCENT UNKNOWN SOURCES OF TRAUMA; 8 PERCENT
OTHER EAGLES, INDICATING HOLDING CAPACITY HAS BEEN ACHIEVED. THESE
FACTS ALONE DON'T NEGATE THE FACT THAT WE DO HAVE SOME EVIDENCE OF
EAGLE MORTALITY AS A RESULT OF LEAD, BUT THERE ARE MANY SOURCES OF LEAD
IN OUR ENVIRONMENT. AND THE NOTION THAT A BULLET FIRED IN PLATTSBURGH
OR BUFFALO OR BINGHAMTON OR SYRACUSE IS SOMEHOW GOING TO ENDANGER
THE NEW YORK CITY WATERSHED IS JUST FARCICAL. SO THE NUMBER IS ABOUT
12 PERCENT OF 632 EAGLES EXAMINED OVER 15 YEARS HAD SOME EVIDENCE
OF LEAD. I'D LIKE TO GO TO THE NEW YORK CITY WATERSHED, LEAD
SPECIFICALLY. ARE YOU AWARE OF LEAD CONTAMINATION DIRECTLY FROM
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NYS ASSEMBLY APRIL 26, 2023
HUNTING IN ANY OTHER PART OF THE STATE?
MS. GLICK: THE CONCERN IS NOT THAT THE WATER
SUPPLY WILL BE IMMEDIATELY DAMAGED, BUT LEAD IS A POISONOUS TOXIN FOR
WHICH THERE IS NO SAFE LEVEL, AND THIS IS ABOUT BANNING IT FOR THE POINT
OF -- FOR THE PURPOSE OF HUNTING, AT LEAST IN PART BECAUSE IT HAS DAMAGED
WILDLIFE, BUT IT IS ALSO A PERSONAL CONCERN THAT PEOPLE ARE HUNTING WITH
LEAD, AND THEN IN MANY INSTANCES, EATING THE RESULT OF THEIR HUNTING.
I'M SORT OF SURPRISED, I MEAN PERHAPS THE LAST SPEAKER WILL JOIN ME ON A
STATEWIDE BAN. CLEARLY IT'S ONE OF THOSE THINGS THAT WE SHOULD GET THE
LEAD OUT OF AMMUNITION ENTIRELY BUT THAT'S NOT WHAT THE BILL DOES. I AM
AT A LOSS TO UNDERSTAND WHY THIS LIMITATION IS SO CONCERNING WHEN IT IS
ABOUT TAKING THE LEAD OUT OF AMMUNITION THAT IS USED TO KILL WILDLIFE,
SOME OF THAT WILDLIFE IS EATEN BY OTHER CRITTERS BUT ALSO BY PEOPLE. SO
I'M -- I'M JUST SORT OF MYSTIFIED.
MR. LEMONDES: I'LL HELP YOU WITH THAT. IT'S
40,000 TIMES A YEAR OVER 500 AND THERE ARE 500,000 HUNTERS IN NEW
YORK STATE. SO 500,000 HUNTERS PROVIDE 40,000 TONS TO THE VENISON
DONATION PROGRAM, AND THAT FEEDS A LOT OF PEOPLE. ADDITIONALLY, FOR
HUNTING, PEOPLE HAVE BEEN HUNTING WITH LEAD FOR A LONG TIME. WE
KNOW HOW TO CUT OUT WOUND CHANNELS. PEOPLE DON'T INGEST LEAD
INTENTIONALLY. BULLETS DON'T EXPLODE AND GO THROUGH THE ENTIRE ANIMAL.
I REFUTE THE DATA THAT YOU CITED ABOUT 59 PACKAGES OUT OF 100 HAVING
LEAD CONTAMINATION IN IT FROM BULLETS THEMSELVES. THAT LEAD
CONTAMINATION COULD HAVE COME FROM DRINKING WATER IN AREAS WHERE
LEAD, WHICH IS KNOWN TO BE A NATURAL RISK OF RUNOFF IN SOME PLACES,
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NYS ASSEMBLY APRIL 26, 2023
COULD HAVE BEEN INGESTED BY THE ANIMAL DIFFERENTLY. LET ME MOVE ON.
ARE YOU AWARE OF THE NEW YORK CITY DRINKING WATER SUPPLY AND
QUALITY REPORT FROM 2022?
MS. GLICK: YES.
MR. LEMONDES: IN THAT, THERE'S A LOT OF DATA, IT'S
VERY INTERESTING. SPECIFICALLY, FOR LEAD, AS A NEW YORK CITY WATERSHED
CONTAMINANT, IT IS NOT A DOCUMENTED SOURCE. ADDITIONALLY, THE
RELATIONSHIP OF HUNTERS TO DENSITY THROUGHOUT THE REST OF THE STATE
DOESN'T CONTRIBUTE TO WATERSHED CONTAMINATION. AT THIS POINT, MR.
SPEAKER, I'D LIKE TO GO ON THE BILL WITH MY REMAINING TIME.
ACTING SPEAKER BRAUNSTEIN: ON THE BILL,
MR. LEMONDES.
MR. LEMONDES: THANK YOU VERY MUCH. THERE'S A
LOT TO THIS, I'M GOING TO CITE A FEW -- A FEW MORE FACTS FOR ALL OF MY
COLLEAGUES TO THINK ABOUT BEFORE YOU VOTE ON THIS. AGAIN, I'M CITING
THE NEW YORK CITY DRINKING WATER SUPPLY AND QUALITY REPORT FROM
2022. THE LIKELIHOOD OF AN ENVIRONMENTAL CONTAMINATION OR INGESTION
IS NEARLY NON-EXISTENT. GOING BACK TO THE DEC REPORT THAT I PREVIOUSLY
CITED FROM 2022. THE DEC FURTHER STATES THAT THEY'RE NOT AWARE OF ANY
EVIDENCE TO SUGGEST SPENT LEAD SHOT IS EVENLY DISTRIBUTED ON STATE LANDS
VERSUS PRIVATE LANDS, SO THERE'S NO RELATIONSHIP. AND I WANT TO AGAIN
BRING NOTICE TO THE AMOUNT OF PEOPLE IN NEW YORK STATE FED THROUGH
THE VENISON DONATION PROGRAM COURTESY OF NEW YORK STATE'S HUNTERS.
WITH RESPECT TO THE NEW YORK CITY WATERSHED, ONE BILLION GALLONS
DAILY TO 8.8 MILLION RESIDENTS, PLUS 100 MILLION GALLONS PER DAY TO 70
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NYS ASSEMBLY APRIL 26, 2023
COMMUNITIES AND INSTITUTIONS OUTSIDE OF THE CITY. 376,700 TESTS WERE
DONE ON 32,300 SAMPLES IN 2022. THE WATER QUALITY SAMPLING STATIONS
THROUGHOUT NEW YORK CITY CONTRIBUTED THAT DATA. HOWEVER, WHERE
THERE IS LEAD, IT'S OFTENTIMES THE SERVICE LINES TO THE HOUSE OR THE
BUILDING ITSELF. THAT HAS ABSOLUTELY NO RELATIONSHIP TO HUNTING UPSTATE
AND THE REST OF THE STATE ANYWHERE. NEW YORK CITY'S AWARD-WINNING
TAP WATER IS DELIVERED VIRTUALLY LEAD-FREE THROUGH 7,000 MILES OF
AQUEDUCTS, TUNNELS AND WATER MAINS. HOMES BUILT PRIOR TO 1951 - AND
THIS IS KEY - MAY HAVE LEAD SERVICE LINES PLUS PLUMBING AND INTERNAL
FIXTURES PERHAPS BOUGHT AND INSTALLED BY THE HOMEOWNER THEMSELVES.
SO THERE IS RESPONSIBILITY AND CULPABILITY ON US AS CITIZENS WITH RESPECT
TO WHAT WE PUT INTO OUR HOME. NEW YORK CITY 2022 DRINKING WATER
QUALITY TEST RESULTS, THE HIGHEST ALLOWABLE ACTION LEVEL FOR LEAD IS 15
MICROGRAMS PER LITER. THREE HUNDRED AND EIGHT SAMPLES, THE RANGE WAS
NONDETECTABLE TO SIX. NEVER EVEN GOT TO THE ACTION LEVEL, THIS IS IN NEW
YORK CITY. LIKELY SOURCES OF LEAD THAT WAS FOUND WHERE IT WAS
DETECTABLE WAS EROSION FROM NATURAL DEPOSITS. AGAIN, I EMPHASIZE AS
YOU ALL KNOW LEAD IS A NATURALLY OCCURRING ELEMENT AND AGAIN, THIS
CORROBORATES THE FACT THAT THERE IS ABSOLUTELY NO RELATIONSHIP
WHATSOEVER BETWEEN LEAD IN NEW YORK CITY DRINKING WATER AND
HUNTERS IN BINGHAMTON, PLATTSBURGH, SYRACUSE, ET CETERA, THROUGHOUT
THE STATE. THE LEAD IN COPPER RULE, AGAIN ALLOWABLE 15 MICROGRAMS PER
LITER OR LESS, OVER 90 PERCENT OF THE SAMPLES SHOWED NOTHING. SO WITH
TAKING ALL OF THAT INTO CONSIDERATION PLUS THE DISCUSSION WE HAD ON
RAPTORS AND THE FACT THAT THERE IS VERY LITTLE IF ANY RELATIONSHIP TO
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NYS ASSEMBLY APRIL 26, 2023
HUNTING AND RAPTOR DEATH, THIS BILL IS ANTI-SECOND AMENDMENT, IT'S ANTI-
HUNTING, IT HAS AN ECONOMIC CROWDING OUT PRINCIPLE ASSOCIATED WITH IT
WITH RESPECT TO COST OF OTHER TYPES OF AMMUNITION THAT ARE OFTENTIMES
NOT EVEN AVAILABLE. AND AGAIN, I GO BACK TO IN MY LAST POINT THE NEW
YORK CITY WATER TESTING PROTOCOLS ITSELF PROVE THAT THIS IS ABSOLUTELY
UNNECESSARY. THERE IS NO PROBLEM, THERE IS NO LINKAGE, THERE IS NO
EVIDENCE, AND THERE ARE NO CASES OF HUMAN INGESTION THAT COME FROM
FIRING LEAD OUT OF WEAPONS OF ANY TYPE IN THE REST OF NEW YORK STATE. I
REFERENCE THE TWO REPORTS FROM WHICH I TOOK MY DATA, THEY'RE BOTH NEW
YORK STATE REPORTS FROM NEW YORK STATE AGENCIES, AND I WOULD ASK
YOU TO CONSIDER THE SCIENCE AND THE FACTS BEFORE YOU MAKE A DECISION
ON SOMETHING THAT IMPACTS SEVERAL MILLION PEOPLE THAT LIVE IN THE REST
OF THE STATE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER BRAUNSTEIN: THANK YOU.
MS. BYRNES.
MS. BYRNES: THANK YOU. WILL THE SPONSOR YIELD?
ACTING SPEAKER BRAUNSTEIN: MS. GLICK,
WILL YOU YIELD?
MS. GLICK: YES.
ACTING SPEAKER BRAUNSTEIN: THE SPONSOR
YIELDS.
MS. BYRNES: THANK YOU. I ACTUALLY SPENT SOME
TIME THIS MORNING READING THE NEW YORK STATE DEC WEBSITE AND I
BELIEVE I READ IT CORRECTLY, I WROTE DOWN NOTES. BUT, ISN'T IT TRUE THAT IN
2020 THE STATE OF NEW YORK DID ESTABLISH A WORKING GROUP WHICH DID
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NYS ASSEMBLY APRIL 26, 2023
INCLUDE THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE NEW YORK
STATE DEC, ALONG WITH OTHER ORGANIZATIONS IN ORDER TO INVESTIGATE AND
CREATE A REPORT ON THE EFFECTS OF LEAD AMMUNITION ON WILDLIFE?
I CAN HELP YOU. THE ANSWER IS YES.
MS. GLICK: NO, NO, NO. I WAS JUST CHECKING HOW
BROADLY THE TASK FORCE WAS CREATED AND I CERTAINLY UNDERSTAND THAT IT
WAS -- - WE TALKED TO DEC ABOUT IT. WE URGED THEM AND PERHAPS THAT'S
WHY WHILE THEY'RE --
MS. BYRNES: YOU ARE AWARE THAT THERE WAS -- THAT
THEY ISSUED A -- THEY WERE INSTITUTED IN 2020 AND THEY ISSUED A REPORT IN
2022, CORRECT, MA'AM?
MS. GLICK: YES. THEY DID ISSUE A REPORT AND I
THINK THEY ACTUALLY ISSUED THE REPORT IN PART BECAUSE WE PUT FORTH THE
BILL BECAUSE WE WERE TIRED OF WAITING FOR THE REPORT, AND I THINK THE --
WHAT THEY DID SUBSEQUENT TO THE REPORT, WHICH WAS TO CHANGE THEIR
WEBSITE TO ENCOURAGE INDIVIDUALS TO CHOOSE NON-LEAD AMMUNITION THAT
WAS THE -- I GUESS THEIR COMPROMISE.
MS. BYRNES: WELL, ISN'T IT TRUE THAT THE DEC AND
THE DEPARTMENT OF HEALTH, OUR STATE DEPARTMENTS IN CONJUNCTION WITH
OTHERS, HAVE A REPORT SITTING ON THE WEBSITE, STATE GOVERNMENT WEBSITE,
SPECIFICALLY INDICATING THAT THEY FOUND NO PROOF THAT LEAD AMMUNITION
IN ANY WAY CONTRIBUTED TO CONTAMINATION OF THE WATERSHED THAT YOU'RE
SEEKING TO PROTECT THROUGH THIS BILL? ISN'T IT A FACT THAT THAT IS RIGHT NOW
--
MS. GLICK: IF YOU WANT TO ASK ME A QUESTION AND
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NYS ASSEMBLY APRIL 26, 2023
GIVE ME A CHANCE TO ANSWER I WILL DO THAT, BUT I KNOW --
MS. BYRNES: OKAY.
MS. GLICK: -- YOU'VE SAT ON THE BENCH AND SO THAT
SOUNDS LIKE A VERY -- ISN'T IT A FACT -- I'M HAVING A PERRY MASON
FLASHBACK BUT --
MS. BYRNES: BUT ISN'T IT A FACT, THOUGH?
MS. GLICK: I -- I KNOW THAT THE REPORT DID NOT
SUGGEST THAT WE BANNED LEAD AMMUNITION. I KNOW THAT THEY -- AND I
WILL SAY THAT THE NEW YORK CITY SPENDS A GREAT DEAL OF MONEY BUYING
BUFFER LANDS IN ORDER TO PROTECT THE WATER SUPPLY BECAUSE THEY HAVE A
US EPA FILTRATION AVOIDANCE DECREE TO ENSURE THAT THEY DON'T HAVE TO
GO THROUGH A FILTRATION, A HUGE EXPENSE ON FILTERING THE WATER SO THEY
HAVE SPENT A LOT OF MONEY PURCHASING LAND THAT UNDER CERTAIN DECREE
AND AN AGREEMENT SO THAT THEY CAN -- THEY CAN PROTECT THAT WATER
SUPPLY.
MS. BYRNES: THEY CAN FIX A PROBLEM THAT DOESN'T
EXIST, CORRECT? LET ME ASK YOU ANOTHER QUESTION. I -- I DO AGREE WITH
YOU THAT THAT WORKING GROUP INCLUDING THE STATE AGENCIES OF THE
DEPARTMENT OF HEALTH AND THE DEC DID RECOMMEND THE USE OF
NON-LEAD AMMO. BUT ISN'T IS ALSO TRUE THAT THAT VERY SAME REPORT
SPECIFICALLY SAID THEY DID NOT WANT THIS BILL, WHICH IS THE SAME ONE THAT
WAS PASSED LAST YEAR, THAT THEY SPECIFICALLY DID NOT WANT THIS BILL TO BE
PASSED, THAT WAS NOT PART OF THE NEW YORK STATE RECOMMENDATIONS --
GOVERNMENT RECOMMENDATIONS.
MS. GLICK: WELL, I THINK THAT THE AGENCY, LIKE MANY
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NYS ASSEMBLY APRIL 26, 2023
AGENCIES, HAVE A VARIETY OF CONCERNS AND GO SLOWLY AND SO HAVE WE,
WE'RE NOT SUGGESTING THAT THE BILL TAKE EFFECT IMMEDIATELY, THE BILL
DOESN'T TAKE EFFECT UNTIL 2025. AND I THINK THAT WHAT THEY DID DO WAS
NOT JUST SUGGEST THAT YOU CHOOSE NON-LEAD AMMUNITION, THEY LISTED A
SERIES OF BENEFITS THAT INCLUDED REDUCES THE RISK OF HARMING OTHER
WILDLIFE, PARTICULARLY EAGLES FROM GETTING SICK AND DYING FROM LEAD
CONSUMPTION. SO, OBVIOUSLY SOMEWHERE IN THE CONVERSATION THEY
MADE A DETERMINATION THAT THEY WOULD NOT CALL FOR A BAN, BUT THAT THEY
WOULD IN FACT CHANGE THEIR WEBSITE TO URGE THAT HUNTERS USE THIS.
FRANKLY, THERE HAVE BEEN STUDIES IN OTHER PLACES. MINNESOTA IS A BIG
STATE, DOES A LOT OF HUNTING. I THINK THEY ACTUALLY DO HAVE MOOSE AND
THEY HAD SIMILAR EXPERIENCES AS NORTH DAKOTA WHEN THEY LOOKED AT THE
VENISON THAT HAD BEEN DONATED.
MS. BYRNES: YES, MA'AM.
MS. GLICK: AND THEY SAID, NOT THAT IT WAS FROM
SOME OTHER SOURCE, THEY INDICATED THAT THE RESULTS INDICATED ACTUAL LEAD
FRAGMENTS. AND THEY WENT FURTHER AND SAID THAT THE SAME RESULTS IN
BEEF WOULD HAVE RESULTED IN A RECALL. SO I UNDERSTAND THAT --
MS. BYRNES: STATE AGENCIES HAVE A DIFFERENT
OPINION THAN YOU.
MS. GLICK: NO. I UNDERSTAND THAT THERE IS A --
PLEASE DON'T ASSUME WHAT I'M GOING TO SAY. SOMETIMES I DON'T KNOW
WHAT I'M GOING TO SAY UNTIL IT HAPPENS.
MS. BYRNES: WELL --
MS. GLICK: BUT I WOULD JUST --
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NYS ASSEMBLY APRIL 26, 2023
MS. BYRNES: WELL, I WOULD LIKE TO BE HEARD ON THE
THE BILL AT SOME POINT HERE. SO IF YOU WANT TO WRAP HER UP, GO AHEAD,
MA'AM.
MS. GLICK: NO. THAT'S ALL RIGHT.
ACTING SPEAKER BRAUNSTEIN: ON THE BILL,
MS. BYRNES.
MS. BYRNES: THANK YOU. THANK YOU, MS. GLICK. I
REALLY DO APPRECIATE YOUR COURTESIES AS WELL AS LAST YEAR. LOOK. AS
MENTIONED, NEW YORK STATE WENT THROUGH THE EFFORT OF CREATING A
WORKING GROUP SPECIFICALLY TO LOOK INTO LEAD AMMUNITION IN HUNTING.
THE STATE DEC, THE STATE DEPARTMENT OF HEALTH ARE PART OF THAT
WORKING GROUP. THE WORKING GROUP ISSUED A COUPLE OF REPORTS, ONE OF
THEM WAS IN 2022, AND ENTITLED MINIMIZING RISKS TO WILDLIFE AND
PEOPLE FROM LEAD HUNTING AMMO. THE DEPARTMENT OF HEALTH AND
DEC RECOMMENDED OUTREACH. THEY RECOMMENDED EDUCATION. THEY
RECOMMENDED THE USE OF NON-LEAD AMMO BUT THEY DID NOT RECOMMEND
THIS LEGISLATION, QUITE THE OPPOSITE -- QUITE THE OPPOSITE. THE 2022
REPORT SPECIFICALLY SAID THAT THIS BILL - AND THEY REFERRED DIRECTLY TO MS.
GLICK'S BILL - CREATED A SIGNIFICANT RISK OF A STATE AGENCY LOSING SOCIAL
TRUST FROM THE HUNTING COMMUNITY. AND THAT THIS BILL WILL REDUCE
SUPPORT FOR FUTURE CONSERVATION EFFORTS. AND THEY DID NOT WANT THIS BILL
TO COME BEFORE US, BUT YET HERE IT IS. AND I HAVE SPOKEN TO A NUMBER
OF HUNTERS, AND WHILE I UNDERSTAND THAT THIS IS A RELATIVELY SMALL PORTION
OF THE OVERALL LANDS AVAILABLE TO HUNTING IN THIS STATE, THIS WILL HAVE A
CHILLING EFFECT ON HUNTERS, ESPECIALLY DEER HUNTERS THAT I WANT TO TALK
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NYS ASSEMBLY APRIL 26, 2023
ABOUT FOR A MOMENT. WE ACTUALLY IN THIS STATE NEED DEER HUNTERS, WE
NEED MORE DEER HUNTERS. THE CURRENT DEER POPULATION IN OUR
COMMUNITIES IS OVERWHELMING. THERE'S -- DEC ON ITS WEBSITE SAYS
THERE'S ONE MILLION, OTHERS ESTIMATE THAT THAT'S CONSERVATIVE AND THAT
THERE'S 1.5 MILLION DEER, WHITETAIL DEER, THROUGHOUT NEW YORK STATE,
MANY OF THEM IN MY AREA IN THE FINGER LAKES. PER DEC, THE DEER
POPULATION ARE NEGATIVELY AFFECTING OUR PLANT COMMUNITIES, HELLO EARTH
DAY, AND NEGATIVELY AFFECTING FARMERS AND HOMEOWNERS. PEOPLE EVEN
IN OUR VILLAGES NOW HERDS OF DEER CAMP OUT IN THEIR YARDS WITH THEM
ARE TICK AND DISEASES AND WE ARE OVERWHELMED. WE NEED AS MANY
PEOPLE AS WE CAN GET INVOLVED INTO HUNTING. OUT OF THE ONE MILLION TO
1.5 MILLION DEER, ONLY 220,000 ARE KILLED ANNUALLY. NOT ONLY DO WE
NEED DEER HUNTERS TO ATTEMPT TO DECREASE THE POPULATION, WE ALSO NEED
THEM FOR FINANCIAL REASONS, TOO. THERE ARE 70,000 ANNUAL DEER VEHICLE
COLLISIONS IN OUR STATE AND IN OUR COMMUNITY. PLUS, DEER HUNTERS
GREATLY CONTRIBUTE TO THE NEW YORK STATE ECONOMY ACCORDING TO THE
NEW YORK STATE WEBSITE. FIVE HUNDRED THOUSAND DEER HUNTERS IN THE
STATE CONTRIBUTE 1.5 BILLION TO THE STATE ECONOMY. THIRTY-FIVE MILLION
GOES DIRECTLY TO SUPPORT DEC AND ITS CONSERVATION EFFORTS. SEVENTY
THOUSAND POUNDS OF VENISON IS DONATED TO FOOD PANTRIES EVERY YEAR SO
THAT OUR POOR AND INDIGENT NEIGHBORS HAVE FOOD. WE JUST CAN'T DO
THINGS TO TELL OUR HUNTERS THAT THEY'RE NOT WELCOME, WE CAN'T DO THINGS
THAT IN ANY WAY, SHAPE OR FORM DISCOURAGE. WE NEED TO DO THINGS TO
ENCOURAGE AND SOME OF THE THINGS THAT WERE MENTIONED BY THE REPORT,
THE WORKING GROUP WHICH INCLUDES TWO STATE AGENCIES IS THE COST OF THE
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NYS ASSEMBLY APRIL 26, 2023
AMMUNITION. IT REFERENCES THE UNAVAILABILITY OF THE AMMUNITION. IT
ALSO VERY SPECIFICALLY SAYS THAT THEY BELIEVE THAT BY REACHING OUT TO THE
HUNTING COMMUNITIES, TO THE SPORTING COMMUNITIES WITH EDUCATION,
WITH INCENTIVES, THEY HAVE -- THEY WON'T NEED -- THERE WON'T BE A NEED
FOR ANY LEGISLATION. EDUCATION HAS ALWAYS BEEN A WONDERFUL THING FOR
PEOPLE TO LEARN AND TO ADAPT AND TO CHANGE. AND I AGREE WITH THAT, TOO,
IN AN IDEAL WORLD AND LET'S WORK TOWARDS IT. BUT PASSING BILLS WITH DATE
CERTAIN DEADLINES THAT OUR STATE AGENCIES DON'T EVEN WANT IS NOT THE
ANSWER AND I'LL BE VOTING NO.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SMULLEN.
MR. SMULLEN: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MS. GLICK, WILL YOU
YIELD>.
MS. GLICK: I WILL.
ACTING SPEAKER AUBRY: MS. GLICK YIELDS, SIR.
MR. SMULLEN: THANK YOU. SO MY COLLEAGUES
HAVE COVERED MANY OF THE -- THE ISSUES THAT ARE IN THIS BILL THAT WE ALSO
DEBATED LAST YEAR, IF YOU RECALL AND WE RECENTLY BROUGHT THE BILL
THROUGH COMMITTEE IN WHICH I SUGGESTED THE IDEA OF INCENTIVIZING
HUNTERS TO SWITCH AMMUNITION TYPES. IS THERE ANY COMMITMENT TO BE
ABLE TO SUBSIDIZE THE TRANSITION FROM LEAD AMMUNITION TO MORE MODERN
TYPES OF AMMUNITION WHICH ARE UP TO 40 PERCENT MORE EXPENSIVE, IT
WOULD THEN BASICALLY BRIDGE OVER THIS CULTURAL DIVIDE THAT WE'RE HAVING
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NYS ASSEMBLY APRIL 26, 2023
HERE IN THIS DEBATE TODAY?
MS. GLICK: NOT IN THE CURRENT -- NOT IN THE CURRENT
NONEXISTENT BUDGET. BUT I -- I SAID AT THE TIME THAT I WOULD TAKE IT
UNDER CONSIDERATION AND I WILL. I -- I BELIEVE, I'M NOT INTERESTED, I
AGREE WITH THE FORMER MEMBER WHO SAID THAT THERE ARE A LOT OF EXCESS
DEER, AND SO IT'S -- IT'S NOT A WRONGHEADED NOTION THAT WE WOULD IN FACT
BENEFIT IN MANY WAYS FROM CULLING THAT NUMBER OF DEER. BUT, AT THE
SAME TIME ANY DEER -- FIRST OF ALL, ANY DEER THAT HAS BEEN SHOT WITH A
NON-LEAD AMMUNITION COULD LIKEWISE BE DONATED. SO I WOULD JUST LIKE
TO BE SURE THAT WE'RE DONATING LEAD-FREE VENISON TO NEW YORKERS. SO, I
HEAR WHAT YOU'RE SAYING ABOUT THE FACT THAT IT'S HARD TO GET THE
AMMUNITION AND THAT THERE IS A PRICE DIFFERENTIAL BETWEEN LESS
EXPENSIVE AND NON-LEAD AMMUNITION. IT'S PRETTY CLOSE IF IT'S THE
PREMIUM LEAD AND -- BUT I UNDERSTAND THAT THERE IS A DIFFERENTIAL AND
WE WILL TALK TO, YOU KNOW, DEC AND THE GOVERNOR ABOUT ANY
POSSIBILITY OF PROVIDING SOME SORT OF INCENTIVE FOR HUNTERS TO USE
NON-LEAD AMMUNITION WHICH WOULD BE SAFER FOR THEM, THEIR FRIENDS AND
FAMILY.
MR. SMULLEN: WELL, CERTAINLY AS THE CO-CHAIR OF
THE SPORTS CAUCUS, YOU KNOW, I THINK IT'S VERY IMPORTANT THAT THE
DIALOGUE BE KEPT UP, BECAUSE THERE'S A CERTAIN AMOUNT OF GOOD FAITH
THAT SHOULD BE AT WORK HERE WHEN WE'RE TALKING ABOUT A BILL THAT WOULD
EFFECT UP TO 800,000 NEW YORKERS WHO HAVE TRADITIONALLY HUNTED IN --
-- IN A CERTAIN WAY OVER DECADES. BECAUSE I'D LIKE TO TURN TO ONE OF THE
MOST WORRISOME AREAS OF THIS BILL IS WHAT IS THE PENALTY FOR HUNTING
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NYS ASSEMBLY APRIL 26, 2023
WITH LEAD AMMUNITION ON STATE LANDS THAT YOU PRESCRIBE EITHER WHETHER
IT'S IN A STATE PARK OR ON LAND THAT CONTRIBUTES TO THE AREA OF THE NEW
YORK CITY WATER SUPPLY? WHAT IS THE PENALTY?
MS. GLICK: TWO HUNDRED DOLLARS.
MR. SMULLEN: A $200 FINE IS THE -- IS THE INTENT?
AND WHO WOULD BE THE ONES PRIMARILY TO ENFORCE THIS LAW?
MS. GLICK: WELL, OBVIOUSLY THIS WOULD BE
SOMETHING THAT WOULD BE HANDLED BY OUR ENVIRONMENTAL CONSERVATION
OFFICERS OF WHICH WE NEED MORE.
MR. SMULLEN: HOW MANY ARE THERE TODAY?
YOU'RE THE CHAIR OF THE ENVIRONMENTAL CONSERVATION COMMITTEE.
WHAT'S THE NUMBER?
MS. GLICK: I THINK WE HAVE 60 VACANCIES. I THINK
THERE'S WHAT, 200 AND -- 200-AND-SOME ODD.
MR. SMULLEN: I THINK IT'S A FEW MORE THAN THAT BUT
I DON'T THINK THERE'S ENOUGH.
MS. GLICK: AND I AGREE.
MR. SMULLEN: AND THE REASON I SAY THAT THERE'S
NOT ENOUGH IS BECAUSE THERE'S 800,000 HUNTERS. AND THIS TYPE OF BILL IS
GOING TO PUT MANY OF THEM INTO A VERY GRAY AREA OF WHETHER OR NOT
THEY'RE ON PRIVATE LAND, WHETHER THEY'RE ON STATE LAND, WHETHER THEY'RE
ON PRIVATE LAND THAT'S IN THE WATER SUPPLY OF NEW YORK CITY, WHETHER
THEY'RE ON LANDS THAT ARE ACTUALLY OWNED BY THE NEW YORK CITY
DEPARTMENT OF ENVIRONMENTAL PROTECTION. AND FOR ME CRIMINALIZING
OUR HUNTERS FOR SOMETHING THAT'S A -- THAT'S A NON-STARTER FROM A
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NYS ASSEMBLY APRIL 26, 2023
TECHNICAL SCIENTIFIC PERSPECTIVE. AND I WOULD LIKE TO ASK YOU: WHAT
STUDY AND WHO IS THE AUTHOR THAT HAS -- THAT HAS CREATED THIS STUDY THAT
SAYS THAT THIS WILL REDUCE THE AMOUNT OF LEAD IN THE BALD EAGLE
POPULATION?
MS. GLICK: WELL, FIRST OF ALL, LET ME JUST SAY A FEW
THINGS. WE ARE NOT CRIMINALIZING. JUST IN THE SAME WAY THAT WE DON'T
VIEW SOMEBODY WHO GETS A TRAFFIC TICKET FOR SPEEDING, WHICH COULD BE
SUBSTANTIALLY MORE THAN $200 DEPENDING ON HOW FAST YOU'RE GOING AND
IN WHAT ZONE YOU ARE, WE DON'T REFER TO THAT AS CRIMINALIZING SO I OBJECT
TO THAT CHARACTERIZATION. THIS IS A -- AN ATTEMPT TO CLEAN UP OUR
ENVIRONMENT. AND ALSO LET ME JUST SAY THAT THE ACCESS TO HUNTING AREAS
IS PART OF AN ANNUAL NEW YORK HUNTING AND TRACKING GUIDE SO I THINK
THE NOTION THAT PEOPLE AREN'T GOING TO HAVE A CLUE WHERE THEY'RE
HUNTING, THERE ARE POSTED LANDS, THERE ARE LANDS THAT ARE POSTED WITH ASK
PERMISSION BECAUSE PEOPLE ARE HAPPY TO HAVE FOLKS HUNT ON THEIR LAND.
SO I THINK THAT THAT'S AN OVERBLOWN NOTION THAT PEOPLE -- PEOPLE WHO
ARE HUNTING SHOULD HAVE A CLEAR IDEA OF WHERE THEY ARE. YOU'RE NOT
ALLOWED TO HUNT WITHIN 500 FEET OF A RESIDENCE. THAT IS, YOU KNOW, AN
ARTICLE OF FAITH AND SO PEOPLE -- WE BELIEVE THAT PEOPLE WHO ARE GIVEN A
LICENSE ARE ACTUALLY GOING TO BE RESPONSIBLE AND CAREFUL ABOUT WHERE
THEY ARE AND TO KNOW THAT THEY ARE ON LAND THAT IS APPROPRIATE FOR THEM
TO BE USING A LETHAL WEAPON IN -- IN SEEKING TO HUNT, WHICH IS FOR MANY
PEOPLE -- IT'S NOT JUST THAT PEOPLE DONATE FOOD, PEOPLE EAT THIS FOR THEIR
OWN FAMILIES. THEY ARE FEEDING THEIR OWN FAMILIES. AND SO I
APPRECIATE THE NOTION OF EDUCATING PEOPLE AND I WOULD THINK AND HOPE
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THAT THE 800,000 HUNTERS WOULD BE LOOKING AT THE WEBSITE AND SAYING I
-- I HAVE TO THINK ABOUT THIS BECAUSE I'M FEEDING IT TO MY KIDS. SO AS
FAR AS THE STUDY, THE STUDY WAS NOT A -- A -- A FORMAL --
MR. SMULLEN: SO THERE'S NO SCIENTIFIC BASIS THEN
FOR --
MS. GLICK: NO, I WOULD NOT SAY THERE IS NO
SCIENTIFIC BASIS. I DON'T -- I WOULDN'T CHARACTERIZE IT THAT WAY. I THINK
THAT THERE IS A CLEAR -- IT HAS IN VARIOUS RAPTORS BEEN FOUND BY THE US
FISH AND WILDLIFE SERVICE AND SO WE KNOW THAT IT IS IMPACTING RAPTORS.
MR. SMULLEN: AND WHAT IS THE LEADING CAUSE OF
BALD EAGLE MORTALITY IN THE UNITED STATES OR IN NEW YORK SATE?
MS. GLICK: WELL, IT'S -- IT'S INTERESTING THAT YOU
BRING THAT UP BECAUSE THE LEADING CAUSE IS COLLISIONS WITH VEHICLES BUT
THE LEADING CAUSE OF DEATH FOR CHILDREN IS GUNS. SO IT'S -- SORT OF
INTERESTING TO HAVE THAT DISCUSSION.
MR. SMULLEN: MR. SPEAKER, ON THE BILL. MR.
SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
SMULLEN.
MR. SMULLEN: WELL, THANK YOU. I -- I APPRECIATE
THE -- THE OPPORTUNITY TO SPEAK IN PUBLIC ON THIS BECAUSE THIS IS NOT A
LIGHT SUBJECT TO BE TOUCHED ON WITH HUMOR AND DERISION. THIS IS A VERY
SERIOUS ISSUE BECAUSE IT'S ONE THAT'S BEEN GOING ON NOW FOR SIX YEARS IN
THIS CHAMBER EVEN PREDATING MY TIME HERE. AND THE REASON I SAY THAT
IS IS THAT THIS IS AN EXAMPLE OF MICRO-LEGISLATION WHERE THIS BODY IS
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MUSCLING IN ON A GROUP OF NEW YORKERS, ABOUT 800,000 STRONG WITH A
DEATH BY A THOUSAND CUT STRATEGY OF MAKING SURE THAT THEY'RE NOT ABLE TO
ENJOY THEIR RIGHTS THAT WE HAVE. IT'S FRANKLY A CULTURAL ASSAULT ON
HUNTERS THAT I'VE NOTICED IN THE FIVE SEASONS THAT I'VE BEEN HERE IN THIS
BODY WHETHER IT'S A GUN CONTROL BILL OR AN ANTI-HUNTING BILL. I NOTICED IT
IN THE ENVIRONMENTAL CONSERVATION COMMITTEE IN WHICH I WAS A
RANKER AND IT'S FRANKLY -- IT'S HARASSMENT OF SECOND AMENDMENT
FREEDOMS THAT HAVE BEEN GUARANTEED UNDER THE CONSTITUTION. AND IN
FACT, THIS BODY LAST YEAR WITH THE CONCEALED TO CARRY IMPROVEMENT ACT
ACTUALLY VIOLATED THOSE CONSTITUTIONAL FREEDOMS BY COMING BACK IN A
SPECIAL SESSION IN PASSING LEGISLATION WHICH WAS SPECIFICALLY CONTRARY
TO US SUPREME COURT DECISIONS. AND PERHAPS THAT'S THE PATH THAT
NEEDS TO BE TAKEN IN THESE MATTERS IS THAT LITIGATION BE DONE IN A
FEDERAL JUDICIARY WHERE WE WOULD ACTUALLY GET A FAIR HEARING ON -- ON
THESE ISSUES BECAUSE THIS -- THIS LEGISLATION BEFORE US IS PSEUDOSCIENCE.
THE SECOND PROVISION OF IT IS THAT WE'RE GOING TO BAN LEAD IN HUNTING IN
THE AREAS OF THE NEW YORK CITY WATER SUPPLY WHEN IN FACT THE NEW
YORK CITY DEPARTMENT OF ENVIRONMENTAL CONSER -- PROTECTION
INDICATES THAT THE -- THAT THE WATER DELIVERED TO NEW YORK CITY IS
VIRTUALLY LEAD-FREE. THEY SAY "VIRTUALLY LEAD-FREE" BECAUSE LEAD IS A
NATURALLY OCCURRING SUBSTANCE. AND IF WE HAD MORE TIME, IF THE RULES
FOR DEBATE ALLOWED A PROPER AIRING OUT OF THE ISSUES HERE, WE WOULD GET
INTO PARTS PER MILLION AND PARTS PER BILLION AND BALD EAGLE POPULATIONS
FROM 1962 WHEN THE DDT THREAT TO EAGLES WAS RECOGNIZED THROUGH
TODAY WHEN THEY'RE ALMOST 320,000 BALD EAGLES. AND IN FACT THE BALD
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EAGLE IS NO LONGER ON THE FEDERAL ENDANGERED SPECIES LIST. SO DON'T
LET THIS LEGISLATION, THIS MICRO-LEGISLATION THAT'S BASED ON PSEUDOSCIENCE
CONFUSE ANYONE FOR ANYTHING BUT WHAT IT ACTUALLY IS. IT'S AN ATTEMPT BY
A MAJORITY WHO HAS THE VOTES TO TAKE AWAY THE RIGHTS OF A MINORITY IN
ANOTHER REGION OF THE STATE BECAUSE THEY CAN. AND JUST BECAUSE THE
VOTES ARE THERE DOESN'T MAKE IT RIGHT. IT DOESN'T MAKE IT FAIR TO
COMMITTEE PROCESS WHERE THERE ARE NO PUBLIC HEARINGS WHERE I WASN'T
ABLE TO QUESTION THE DEC PROGRAM MANAGERS FOR THIS ISSUE AS TO
WHETHER OR NOT THE FACTS, THE SCIENCE WITH THE US FISH AND WILDLIFE
SERVICE, WHAT THE DEC THOUGHT ABOUT ALL OF THESE ISSUES. BUT INSTEAD
WE'RE HERE ON EARTH DAY WITH A CONTENTIOUS CULTURAL ISSUE THAT'S
DIVIDING US UP AND IT DOESN'T HAVE TO BE THAT WAY. IT DOESN'T HAVE TO BE
THAT WAY IF THERE WERE EQUITY IN THE PROCESS. AND THAT'S WHY I FEEL SO
STRONGLY TO HAVE TO SPEAK OUT HERE TODAY ON THE FLOOR, OTHERWISE OUR
VOICES ARE SILENCED. THE VOICES OF PEOPLE IN UPSTATE, NEW YORK WHO
ARE LAW-ABIDING CITIZENS WHO DO NO HARM, WHO ENJOY CULTURAL
TRADITIONS THAT HAVE BEEN PASSED DOWN FROM GENERATION TO GENERATION,
FROM MY GRANDFATHER, TO MY FATHER, TO MYSELF AND TO MY SON AND TO MY
FAMILY. AND THAT'S WHY I STAND HERE BEFORE YOU TODAY TALKING ABOUT
THIS ISSUE. I READ A BOOK ONCE BY AN AUTHOR NAMED CASS SUNSTEIN WHO
WORKED IN THE OBAMA ADMINISTRATION, IT'S CALLED NUDGE. IT'S ABOUT
MICRO-LEGISLATION TO CHANGE PEOPLE'S BEHAVIOR OVER TIME. AND IN THIS
CASE IT'S SOMEWHAT INSIDIOUS BECAUSE IT'S NOT GOING FROM A NUDGE - HEY
YOU SHOULD DO THIS BECAUSE IT'S BETTER FOR YOU, BUT IT'S GOING MORE
TOWARDS A SHOVE. YOU DON'T KNOW WHAT YOU'RE DOING SO WE'LL MAKE
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YOU DO IT WHETHER YOU LIKE IT OR NOT. AND THAT'S NOT GOOD FOR OUR STATE,
THAT'S NOT GOOD FOR OUR SOCIETY. AND THAT'S WHY I ASK ALL THE MEMBERS
HERE TODAY, MANY OF WHOM ARE NOT PRESENT, MANY OF WHOM WHO SHOULD
BE HERE TO LISTEN TO THE CONVERSATION AND TO VOTE HERE IN PERSON ON
THESE ISSUES THAT SHOULD NOT DIVIDE US BUT SHOULD BRING US TOGETHER. SO
I URGE ALL PEOPLE LISTENING TO THIS CONVERSATION, INCLUDING THE GOVERNOR
AND THE MEMBERS OF THE SENATE THAT WHEN YOU THINK ABOUT THESE ISSUES,
THINK ABOUT IT IF YOU WERE ON THE OTHER END OF THIS LEGISLATION. I URGE
ALL OF MY COLLEAGUES IN A BIPARTISAN MANNER TO VOTE AGAINST THIS, TO VOTE
NO ON THIS BILL SO THE RIGHTS OF OUR HUNTERS WHO LAW-ABIDINGLY FOLLOW
THE SECOND AMENDMENT ARE NOT VIOLATED IN THIS CASE. THANK YOU VERY
MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. PIROZZOLO.
MR. PIROZZOLO: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. GLICK, WILL YOU
YIELD?
MS. GLICK: YES.
ACTING SPEAKER AUBRY: MS. GLICK YIELDS, SIR.
MR. PIROZZOLO: THANK YOU SO MUCH, MS. GLICK.
I'D LIKE TO PICK UP WHERE MY COLLEAGUE LEFT OFF WHEN WE TALK ABOUT
FINES, WHAT DID YOU SAY THE FINE WAS?
MS. GLICK: TWO HUNDRED.
MR. PIROZZOLO: IS THAT 200 EVERY TIME OR IS THERE
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AN INCREASING SCALE?
MS. GLICK: NO. IT'S -- IT DOES NOT INCREASE AS SOME
OF OUR FINES DO ON THE FIRST TIME, THE SECOND TIME -- NO, THIS IS A FLAT 200
AND WE ASSUME THAT PEOPLE LEARN FROM THEIR MISTAKES.
MR. PIROZZOLO: WELL, I WILL MAKE A COMMENT
ABOUT IT SOON, BUT IS THIS FINE ONCE PER SEASON OR CAN ONE HUNTER BE
FINED MULTIPLE TIMES IN SEASON?
MS. GLICK: WELL, WHEN PEOPLE SPEED THEY DON'T
JUST GET LIKE A MONTHLY -- YOU GET A FINE EVERY TIME YOU DO SOMETHING
THAT IS IN VIOLATION, SO I'M NOT SURE WHAT THE QUESTION IS.
MR. PIROZZOLO: I'M NOT SURE OF THE ANSWER, SO I'LL
REPEAT MYSELF AGAIN.
MS. GLICK: WELL, I THINK I GAVE THE ANSWER WHICH
IS EVERY OFFENSE IS FINEABLE.
MR. PIROZZOLO: THAT'S CERTAINLY MUCH MORE
CLEAR, THANK YOU. IT WAS NICE TO HEAR YOU ADMIT BEFORE OR SAYING IN PART
WHICH YOU'RE SPEAKING, THAT THERE ARE FAMILIES IN NEW YORK STATE WHO
USE HUNTING TO FEED THEIR FAMILIES.
MS. GLICK: YES --
MR. PIROZZOLO: OKAY.
MS. GLICK: AND I'VE KNOWN THEM.
MR. PIROZZOLO: ALL RIGHT. THANK YOU. I
APPRECIATE IT.
ON THE BILL, PLEASE, IF I MAY, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
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MR. PIROZZOLO: SO, MR. SPEAKER, I AM A LIFELONG
NEW YORKER. I'M BORN IN THE CITY AND NOW THAT I'VE BEEN SERVING HERE
IN THE ASSEMBLY I'VE COME TO LEARN THAT THE WORD "PROHIBIT" REALLY IS
JUST ANOTHER WAY OF SAYING WE FOUND A WAY TO GET SOME MONEY OUT OF
YOU, ALL RIGHT? I HAVE A PROBLEM THAT WE DON'T HAVE A PROBLEM WITH
LEAD IN OUR WATER, WE DON'T HAVE A PROBLEM WITH LEAD IN OUR ANIMALS
AND WE'RE DICTATING TO OTHER PEOPLE WHAT THEY MUST DO BASED ON
SOMETHING THAT WE DON'T KNOW ABOUT. MY CONCERN HERE IS THAT THIS IS
THE BEGINNING STEPS OF BANNING LEAD AND AMMUNITION ALL TOGETHER.
FROM STATEN ISLAND I WILL TELL YOU THAT THEY SAID HEY, LET'S PUT A SPEED
CAMERA OVER HERE, IT'S OKAY, WE'RE NOT GOING TO EXPAND IT. BUT NOW NOT
ONLY DO WE HAVE SPEED CAMERAS SO FAR AWAY FROM SCHOOL ZONES THEY
RUN 24 HOURS A DAY, THEY'RE ALL OVER THE PLACE. I SEE THIS LEGISLATION AS A
WAY TO INFRINGE ON THE FUTURE RIGHTS OF GUN OWNERS IN NEW YORK AND I
AM SICK AND TIRED OF SITTING HERE AND HEARING WELL, WE'RE NOT GOING TO
DO THIS TODAY, WE'RE GOING TO ENACT IT IN TWO OR THREE YEARS. A BAD IDEA
IS A BAD IDEA TODAY AND IT WILL ALSO BE A BAD IDEA IN TWO OR THREE YEARS.
SO FOR THAT REASON, MR. SPEAKER, I AM VOTING NO AND I SUGGEST ALL MY
COLLEAGUES VOTE NO, ALSO. THANK YOU.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. GLICK, WILL YOU
YIELD?
MS. GLICK: OF COURSE, MR. GOODELL.
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NYS ASSEMBLY APRIL 26, 2023
ACTING SPEAKER AUBRY: MS. GLICK YIELDS, SIR.
MR. GOODELL: THANK YOU, MS. GLICK. OF COURSE
WE'VE HEARD MULTIPLE EXPLANATIONS FOR THIS LEGISLATION THROUGHOUT THE
DAY. ONE WAS THAT WE WANT DONATED VENISON TO HAVE LESS LEAD IN IT,
THAT'S A FACTOR. AND OF COURSE THIS SPECIFICALLY REFERS TO THE WATERSHED,
NEW YORK CITY WATERSHED. AND SO THERE'S SOME EXPLANATION ON
POLLUTION. WE'VE ALSO HEARD A NUMBER OF REPORTS CITED. AND SO I -- I
JUST WANT TO MAKE SURE THAT YOU HAVE FULL OPPORTUNITY TO ADDRESS SOME
OF THE REPORTS THAT HAVE BEEN CITED. SO, FOR EXAMPLE, THE 2022 NEW
YORK CITY DRINKING WATER SUPPLY QUALITY REPORT, ONE OF MY
COLLEAGUES MENTIONED A QUOTE SAYING THAT THE LEAD FROM AMMUNITION
WAS OR FOR ANY SOURCE ACTUALLY, WAS QUOTE NEARLY NON-EXISTENT. IS THAT
CONSISTENT WITH YOUR UNDERSTANDING OF WHAT WAS SAID IN THE NEW YORK
CITY DRINKING WATER SUPPLY QUALITY REPORT?
MS. GLICK: WELL, LET ME SAY THAT WHEN WE BEGAN
THE DEBATE I PERHAPS DID NOT GIVE A SUFFICIENT, DETAILED EXPLANATION OF
THE FACT THAT THE REASON THAT THAT WAS AN AREA BEING LOOKED AT IS THAT
THAT IS WHERE FOLKS WERE LOOKING AT THE EAGLE ISSUE, BECAUSE AS PEOPLE
KNOW OR MAYBE DON'T, EAGLES ARE FISHERS AND SO THEY FOLLOW THE RIVERS
BECAUSE THAT'S WHERE THEY FISH, AND THEY FREQUENTLY WIND UP NESTING IN
THE RESERVOIR AREAS BECAUSE THEY ARE LARGELY UNTENANTED. SO THAT IS WHY
THIS ISSUE AROSE WITH THOSE FOLKS WHO WERE OBSERVING EAGLES BECAUSE
THAT IS WHERE THEY ARE MOST LIKELY TO BE NESTING AND THAT IS WHERE THEY
OBSERVED THE TOXICITY THAT THEY BELIEVE CAME FROM AND OBSERVED
RAPTORS, EAGLES AND OTHER RAPTORS AT GUT PILES.
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MR. GOODELL: SO JUST TO MAKE SURE I UNDERSTAND,
YOU'RE -- YOU'RE NOT CLAIMING THAT THE NEW YORK CITY DRINKING WATER
SUPPLY QUALITY REPORT THAT SAID LEAD IS NEARLY NONEXISTENT IN THE WATER
SUPPLY AS THE RATIONALE FOR LIMITING THIS, IT'S THAT --
MS. GLICK: IT WOULD BE --
MR. GOODELL: IT'S THE CONCERN ABOUT THE EAGLES
AND MAYBE THE VENISON.
MS. GLICK: IT IS AN ANCILLARY THOUGHT THAT NEW
YORK CITY HAS A EPA DECREE THAT ALLOWS THEM TO AVOID FILTRATION AND
THAT IS ABOUT MAINTAINING A VERY HIGH QUALITY WATER SUPPLY TO AVOID
HAVING TO FILTER THEIR WATER. SO I DID NOT SPECIFICALLY THINK THAT THESE
RESERVOIRS ARE INLAND SEAS. YOU KNOW, IT IS UNLIKELY THAT A SMALL
NUMBER OF BULLETS WOULD IN FACT IMPACT THAT WATER QUALITY, ALTHOUGH
LEAD, WHILE NATURALLY OCCURRING, SHOULD NOT BE NATURALLY OCCURRING IN
YOUR DINNER.
MR. GOODELL: NOW YOU MENTION THE CONCERN
ABOUT THE EAGLES, BUT SOME OF OUR COLLEAGUES HAVE MENTIONED THAT THE
NUMBER OF EAGLES POPULATION IN NEW YORK STATE IS INCREASED
DRAMATICALLY OVER THE LAST FEW DECADES TO THE POINT WHERE EAGLES ARE NO
LONGER AN ENDANGERED SPECIES. THEY ALSO MENTIONED THAT IN CALIFORNIA,
WHEN THEY BANNED LEAD AMMUNITION ON THEORY THAT IT WOULD HELP THE
CONDORS IF THERE WAS NO DATA THAT SUPPORT ANY REDUCTION OF LEAD WITH
CONDORS. HOW WOULD YOU RESPOND TO THOSE TWO REPORTS?
MS. GLICK: WELL, I THINK THE FISH AND WILDLIFE SURGE
IS ACTUALLY -- IS VERY CLEAR ABOUT THE FACT THAT THE -- THAT THE IMPACT ON
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THE CONDOR WAS VERY DECIDEDLY ASSOCIATED WITH -- WITH LEAD.
MR. GOODELL: I SEE. NOW OF COURSE THERE'S BEEN
A LOT OF TALK WHILE WE'RE HERE TODAY ABOUT THE REPORT THAT WAS PUT
TOGETHER BY THE -- IT WAS A TASK GROUP IT LOOKS LIKE THAT INVOLVED THE
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE NEW
YORK STATE DEPARTMENT OF HEALTH, ALSO THE NEW YORK STATE
CONVERSATION COUNCIL, THE AUDUBON OF NEW YORK AND THE VENISON
DONATION COALITION, AS WELL AS CORNELL UNIVERSITY'S WILDLIFE HEALTH
PROGRAM, THE LEAD AMMUNITION WORKING GROUP WHICH ISSUED THEIR
REPORT A YEAR AGO AND AN UPDATE JUST THIS MONTH. YOU MENTIONED YOU
WERE FAMILIAR WITH THAT REPORT. THE REPORT NOT ONLY DOESN'T RECOMMEND
MOVING FORWARD, THEY ACTUALLY RECOMMEND AGAINST THIS LEGISLATION BUT
I WANTED TO GIVE YOU AN OPPORTUNITY TO ADDRESS WHY THEY
RECOMMENDED AGAINST THIS LEGISLATION AND WHY WE THINK THEIR
RECOMMENDATION IS WRONG.
MS. GLICK: WELL, I THINK THEY WERE QUITE CLEAR THAT
THEY FELT THAT IF THEY SUPPORTED THE LEGISLATION THERE WOULD BE A
BACKLASH FROM THE SPORTSMEN COMMUNITY AND THAT THAT WAS VERY MUCH
ON THEIR MIND. I WILL ALSO POINT OUT TO YOU THAT SOME SEVERAL YEARS AGO
DESPITE THE FACT THAT DEC WAS GRAVELY CONCERNED ABOUT WILD BOAR
POPULATION INCREASING IN THE STATE, THEY DID NOTHING AND IT WAS
LEGISLATION AND ULTIMATELY THE LEGISLATION FOLDED INTO A BUDGET THAT
PROHIBITED THE POSSESSION, TRANSPORTATION OF WILD BOAR IN THIS STATE
BECAUSE OF THE IMPACT ON FARMERS. THE FARM COMMUNITY -- THE FARM
BUREAU WAS OPPOSED AT FIRST AND ULTIMATELY AFTER CONVERSATIONS WITH
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NYS ASSEMBLY APRIL 26, 2023
THEM IT WAS ARE YOU HERE FOR THE HUNTING PRESERVES OR ARE YOU HERE FOR
THE FARMERS AND MANY OF MY COLLEAGUES, A FEW FROM THE OTHER SIDE WHO
REPRESENTED SOME COMMUNITIES THAT WERE NEGATIVELY IMPACTED WERE
HAPPY TO HAVE THAT PROHIBITION BECAUSE THE WILD BOARS GET QUITE BIG
AND IN SOME STATES THEY HAVE A REAL PROBLEM AND NEW YORK STATE
STOPPED HAVING A PROBLEM. BUT DEC WASN'T THE ONES THAT WERE
STEPPING UP TO DO THAT BECAUSE THEY DIDN'T WANT TO HAVE A FIGHT WITH THE
SPORTSMEN COMMUNITY AND I DON'T WANT TO HAVE A FIGHT WITH THE
SPORTSMEN COMMUNITY. I UNDERSTAND THAT PEOPLE HUNT, I UNDERSTAND
AND I WILL SAY THAT WE'VE DONE THINGS THAT EXPAND HUNTING AND NOBODY
HAS GIVEN US A GOLD STAR FOR THAT. BUT THERE IS, YOU KNOW, WE ALLOW
YOUNGER AND YOUNGER PEOPLE TO HUNT UNDER VERY, YOU KNOW, CONTROLLED
-- THEY HAVE TO HAVE AN, YOU KNOW, AN APPROPRIATE ADULT AND THEY HAVE
TO HAVE, YOU KNOW, A -- A SAFETY LESSON AND THE LIKE WHICH IS ALL
APPROPRIATE. SO I -- I JUST WANT TO ENSURE THAT ON OUR STATE LANDS WE ARE
NOT ADDING TO A -- TO THE LEAD IN THE ENVIRONMENT, AND I CERTAINLY WOULD
HOPE THAT PEOPLE WOULD SAY THAT THIS ISN'T AN ATTACK ON THE SECOND
AMENDMENT. THIS IS SIMPLY I THINK COMMONSENSE, BUT PEOPLE ARE SO
KNICKERS IN A TWIST ABOUT EVERYTHING THAT EVERYTHING IS A -- IS AN
ASSAULT. IT'S NOT. IT IS SIMPLY SAYING THAT WE HAVE LEARNED THAT THE OLD
AMMUNITION THAT EVERYBODY IS USED TO, YOU KNOW, IS A TOXIC MATERIAL
AND SHOULDN'T WIND UP IN PEOPLE'S (INAUDIBLE) SUPPLY AND AT THE VERY
LEAST WE SHOULDN'T LET IT HAPPEN ON STATE LAND.
MR. GOODELL: SO IF I UNDERSTAND YOUR -- YOUR
ARGUMENT IS YOU THOUGHT THE DEC WAS WRONG ON WILD BOARS AND YOU
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NYS ASSEMBLY APRIL 26, 2023
THINK THEY ARE LIKEWISE WRONG ON THIS AND THEY'RE REALLY BEING DRIVEN
BY A CONCERN THAT THERE'LL BE A BACKLASH FROM HUNTERS OR --
MS. GLICK: WELL, I THINK THEY SAID THAT THEY FELT
THERE WOULD BE A BREAK IN THE TRUST. SO I'M SAYING THAT DEC TRIES TO
THREAD THE NEEDLE AND I UNDERSTAND THAT. AND THEY MAY NOT THINK THAT
THIS IS THE BIGGEST - I WON'T USE THE ANALOGY, ONE COULD SAY THE BIGGEST
FISH TO FRY BUT I WON'T SAY THAT. THEY MAY THINK THAT THIS IS NOT AS
IMPORTANT AS SOME OF THE THINGS THAT THEY ARE GOING TO HAVE TO DO IN
ORDER TO CLEAN UP THE ENVIRONMENT SO THEY'RE NOT GOING TO TAKE THIS
PARTICULAR FIGHT AND THEY'RE GOING TO ENCOURAGE PEOPLE TO GET EDUCATED,
WHICH ONE OF OUR COLLEAGUES THOUGHT WAS THE MOST APPROPRIATE STEP,
AND I THINK TO SOME EXTENT PUSHING FORWARD THIS LEGISLATION DID MAKE
THEM CHANGE THEIR WEBSITE AND DID MAKE THEM PUT FRONT AND CENTER THAT
THEY'RE URGING PEOPLE WHO ARE HUNTING TO USE NON-LEAD AMMUNITION
ESPECIALLY IF IT'S GOING TO WIND UP IN SOMETHING THEY'RE GOING TO EAT.
MR. GOODELL: THANK YOU VERY MUCH, MS. GLICK.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THANK YOU. BEFORE I FORGET, I
WOULD REQUEST PERMISSION TO SUBMIT A WRITTEN STATEMENT WHICH WAS
PART OF OUR RULES. WITHOUT OBJECTION I'LL SUBMIT IT TO THE CLERK.
ACTING SPEAKER AUBRY: I UNDERSTAND WHAT
YOUR REQUEST IS. IT SEEMS APPROPRIATE.
MR. GOODELL: THANK YOU, SIR. AS THE SPONSOR
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NYS ASSEMBLY APRIL 26, 2023
MENTIONED, IT VERY WELL MAY BE, I WOULD AGREE WITH HER IT'S LIKELY IN
FACT THAT A SPECIAL LEAD AMMUNITION WORKING GROUP WAS PUT TOGETHER AS
A RESULT OF HER PRIOR EFFORTS ON THIS LEGISLATION. AND THAT LEAD
AMMUNITION WORKING GROUP INCLUDES THE DEC, THE DEPARTMENT OF
HEALTH, CORNELL UNIVERSITY'S WILDLIFE HEALTH PROGRAM, THE VENISON
DONATION COALITION, THE NEW YORK STATE CONSERVATION COUNCIL AND
AUDUBON NEW YORK. NOW THAT'S A PRETTY IMPRESSIVE AND WIDE-RANGING
GROUP OF EXPERTS. AND THEY SPECIFICALLY REVIEWED ALL THE STRATEGIES TO
REDUCE LEAD. AND WHAT WAS INTERESTING IS THEY MADE A NUMBER OF
RECOMMENDATIONS, BUT THEY ALSO WENT ON TO SAY THAT THEY EVALUATE THE
PROPOSALS THAT THEY DID NOT RECOMMEND. IT'S NOT THAT THEY SIMPLY
IGNORED THEM, AND IT'S NOT THAT THEY WERE SILENT, THEY ACTUALLY
EXPRESSIVELY RECOMMENDED AGAINST THEM. AND THAT INCLUDE
SPECIFICALLY THIS LEGISLATION. AND THEY SAID, IN THE PAST FEW YEARS THERE
HAVE BEEN BILLS IN THE NEW YORK STATE LEGISLATURE PROPOSING A BAN ON
THE USE OF LEAD AMMUNITION WHEN HUNTING ON STATE LANDS AND NEW
YORK CITY WATERSHED LANDS. THAT'S THIS BILL. AND THEY SAID WE DO NOT
RECOMMEND THAT THIS LEGISLATION BE ADOPTED AND HERE'S WHY. FIRST, THEY
WERE VERY CONCERNED THAT IF YOU REDUCE THE ABILITY OF HUNTERS TO HUNT, IT
WILL CREATE PROBLEMS WITH DEER POPULATION MANAGEMENT. NOW IT'S NOT
AN ISSUE I DON'T THINK, PERHAPS IN MANHATTAN, BUT IT IS A REAL ISSUE
UPSTATE BECAUSE THE DEER NO LONGER HAVE NATURAL PREDATORS, AND THAT
MEANS IF YOU DON'T HAVE ENOUGH HUNTERS YOU'RE GOING TO HAVE DEERS
[SIC] THAT ARE STARVING EVERY YEAR. THAT'S WHY WE ENCOURAGE
RESPONSIBLE HUNTING. THEY ALSO MENTION IT WOULD BE A SUBSTANTIAL COST
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NYS ASSEMBLY APRIL 26, 2023
TO THE DEC AND DOH, DEPARTMENT OF HEALTH, A FINANCIAL COST AND A
SOCIAL COST. THEY MENTION THE PROBLEMS WITH ENFORCEMENT. WHEN
NEW YORK STATE ELIMINATED LEAD IN BIRD SHOT AND WENT WITH STEEL, THE
DEC OFFICERS COULD READILY CHECK THAT BECAUSE THEY COULD USE A
MAGNET. BUT THE ALTERNATIVE TO A LEAD AMMUNITION FOR DEER IS COPPER,
IT'S NOT A MAGNETIC. AND WHETHER IT'S A LEAD SHELL ENCASED IN COPPER OR
A COPPER SHELL ENCASED IN COPPER YOU CAN'T TELL. AND SO THE DEC SAID
THERE WAS NO EASY FIELD CHECK. THEY ALSO MENTIONED THAT CURRENT
AMMUNITION AVAILABILITY OF ANY TYPE THAT INVOLVES NON-LEAD OPTIONS IS
VERY LIMITED AND EXPENSIVE. SO YOU HAVE SERIOUS ENVIRONMENTAL SIDE
EFFECTS, PROBLEMS WITH DEER MANAGEMENT, INABILITY TO ENFORCE IT, A LACK
OF AVAILABILITY AND COST. I TOOK A LOOK AT WHERE LEAD IS THE MOST
DOMINATE ISSUE. AND WITH SOME EXCEPTIONS, LEAD IS RECORDED AT THE
HIGHEST LEVELS IN BUFFALO, ROCHESTER, SYRACUSE, ALBANY, BINGHAMTON,
NEW YORK CITY. AND THERE ARE SOME OTHER COUNTIES AS WELL BUT THAT'S
WHERE THE HIGHEST LEAD CONCENTRATIONS ARE WITH NO HUNTING WITH LEAD.
SO WE SHOULD FOLLOW THE ADVICE OF THE EXPERTS WHO ARE RECOMMENDING
AGAINST THIS. THANK YOU, MR. SPEAKER, AND THANK YOU FOR THE
OPPORTUNITY TO SUPPLEMENT MY COMMENTS.
ACTING SPEAKER AUBRY: THANK YOU.
MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER. I APPRECIATE
THE -- THE CONCERNS OF MY COLLEAGUES AND A BELIEF THAT SOMEONE WHO
COMES FROM THE CITY, A, DOESN'T KNOW ANYTHING ABOUT UPSTATE, DOESN'T
CARE ANYTHING, BUT, YOU KNOW, THE REALITY IS THAT I SPENT SOME OF MY
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NYS ASSEMBLY APRIL 26, 2023
WEEKENDS IF WE EVER HAVE ANOTHER ONE AND SOME OF MY TIME IN THE
SUMMER IN THE CATSKILLS AND IT IS THOSE FOLKS WHO RAISE THIS CONCERN
WITH ME. THIS IS NOT SOMETHING BROUGHT TO ME BY A CONSTITUENT ON
WEST 11TH STREET BUT RATHER FOLKS WHO WERE CONCERNED ABOUT THEIR
ENVIRONMENT IN THE CATSKILLS AND THE IMPACT IN THEIR COMMUNITY AND IN
THE -- THE RAFTERS AND SMALL MAMMALS. AND -- AND I GET THAT ANY TIME
YOU ASK PEOPLE TO CHANGE ANYTHING THEY ARE RESISTANT. NOBODY LIKES TO
CHANGE. AND SO WE ARE ALWAYS UP AGAINST THIS NOTION THAT ANYTHING
THAT IS A CHANGE IS WRONG AND BAD. WE HAD IT AROUND, YOU KNOW, THE
PLASTIC BAG BAN. MEANWHILE WE NO LONGER HAVE, FOR THE MOST PART,
PLASTIC BAGS IN EVERY TREE ALONG THE ROAD. AND NOW BECAUSE THEY'RE NOT
THERE WE DON'T NOTICE IT. SO WE DON'T KNOW THAT IT WAS A BENEFIT AND
THAT IT WAS SOMETHING THAT WE HAD AN ARGUMENT OVER BUT IT TURNED OUT
TO BE OKAY AND PEOPLE ADJUSTED. I'M MINDFUL OF THE FACT THAT PEOPLE
THINK THAT IT'S AN ADDED EXPENSE. WE PUT A DATE IN THE FUTURE TO
HOPEFULLY INCREASE BOTH THE AVAILABILITY AND THE USE WHICH THEN WOULD
PERHAPS BRING THE PRICE DOWN. AND WE'RE HAPPY THAT DEC WAS
MOTIVATED PERHAPS A LITTLE BIT BY THEIR CONVERSATION, PERHAPS A LITTLE BIT
BY THE FACT THAT WE'VE HAD THE BUILD-OUT TO CHANGE THEIR WEBSITE TO
ENCOURAGE PEOPLE TO THINK ABOUT WHAT THEY'RE DOING. NOT TO STOP THEM
FROM WHAT THEY'RE DOING. NOBODY IS, YOU KNOW, STOPPING ANYONE FROM
EVEN HUNTING ON THOSE STATE LANDS THAT MIGHT BE EFFECTED BY THE BILL.
JUST THAT THEY USE A DIFFERENT METHOD OF TAKING THE DEER OF WHICH THERE
ARE MANY AND ANYBODY WHO DRIVES UPSTATE, PARTICULARLY AT DUSK, YOU
KNOW, HAS TO NOT BE PAYING ATTENTION TO THE MUSIC OR THE NEWS BUT
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REALLY FOCUSED ON WHERE THEY'RE DRIVING SO I GET ALL OF THAT. SO I
APPRECIATE THE CONCERN THAT THIS IS THE OLD NOSE OF THE CAMEL NOT IN THE
TENT, BUT THROUGH THE OTHER SIDE. NOTHING COULD BE FURTHER FROM THE
TRUTH. I DON'T THINK THAT WE SHOULD HAVE TOXIC MATERIALS IN THE
ENVIRONMENT. THIS IS ONE OF THOSE. IT'S ONE THAT PEOPLE ARE USED TO BUT
IT DOESN'T MAKE IT RIGHT. AND IT DOESN'T MAKE IT GOOD. AND IT SURE AS
HECK DOESN'T MAKE IT GOOD IF IT IS IN THE FOOD THAT ONE IS EATING. AND I
THINK THAT THESE STUDIES CAME FROM NOT NEW YORK STATE, THAT BASTION OF
LIBERALISM, BUT IT CAME FROM STATES LIKE NORTH DAKOTA AND MINNESOTA
WHERE THEY WERE REALLY CONCERNED BECAUSE THERE IS A GREAT DEAL OF
HUNTING, THEY HAVE A VERY STRONG HUNTING CULTURE AS WE DO UPSTATE AND
THEY RAISE THAT ISSUE AND HAVE TO THE EXTENT THAT THEY SAID THAT THEY FELT
THAT SOME OF THIS IF IT WERE IN BEEF THIS WOULD BE A RECALL SITUATION. SO,
YOU KNOW, I -- I JUST HOPE THAT PEOPLE UNDERSTAND THAT THIS IS JUST ABOUT
TRYING TO ENCOURAGE PEOPLE TO DO THE RIGHT THING AND TO GET ADJUSTED TO
IT AND ULTIMATELY TO AT LEAST ON OUR STATE LANDS NOT CONTINUE TO USE LEAD
AMMUNITION. IT DOESN'T SAY YOU CAN'T HUNT IF IT'S AN AREA THAT YOU'RE
ALLOWED TO HUNT IN. THERE ARE PLACES THAT ARE POSTED. BUT IF YOU'RE
ALLOWED TO HUNT AND YOU CAN HUNT ON YOUR OWN, WE'RE NOT TELLING
ANYBODY THEY CAN'T HUNT ON STATE LANDS. WE'RE JUST SAYING WHEN YOU'RE
HUNTING ON OUR SHARED PROPERTY, YOU KNOW, USE -- USE A DIFFERENT KIND
OF AMMUNITION. THANK YOU VERY MUCH. I APPRECIATE THE COURTESIES OF
MY COLLEAGUES IN THIS DISCUSSION AND HOPE THAT WE WILL HAVE A STRONG
VOTE IN FAVOR OF THIS MEASURE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
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NYS ASSEMBLY APRIL 26, 2023
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2025.
ACTING SPEAKER AUBRY: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED. CERTAINLY THOSE WHO SUPPORT IT CAN
VOTE SO HERE ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE
OF LEGISLATION. HOWEVER, THERE MAY BE A FEW WHO WOULD DESIRE TO BE
AN EXCEPTION. THEY SHOULD FEEL FREE TO VOTE SO AT THEIR DESK.
ACTING SPEAKER AUBRY: THANK YOU. THE
CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. ANGELINO TO EXPLAIN HIS VOTE.
MR. ANGELINO: I RISE TO EXPLAIN MY VOTE, MR.
SPEAKER, AND I APPRECIATE YOU ALLOWING ME TO DO SO. I DEBATED THIS BILL
LAST YEAR WITH THE SPONSOR ON SORT OF SHORT NOTICE BUT IT WAS LONG
ENOUGH NOTICE THAT I REMEMBERED THE CALIFORNIA CONDOR STUDY, I'M NOT
GOING TO GET INTO THAT IF ANYBODY REMEMBERS THAT, BUT KNOWING THAT THIS
WAS GOING TO COME BACK AGAIN THIS YEAR I DID MORE RESEARCH ON THIS
AND I READ ABOUT THE LEAD AMMO TASK FORCE OR THE LEAD AMMO WORKING
GROUP. AND WHEN THEY CAME BACK WITH NO RECOMMENDATION, IT'S JUST
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NYS ASSEMBLY APRIL 26, 2023
ANOTHER ONE OF THOSE MOMENTS OF WHY? WHY ARE WE -- WHY ARE WE
STILL DOING THIS WHEN WE FOUND OUT THAT THERE'S NO LEAD IN THE NEW
YORK CITY WATER SUPPLY, THERE'S MANY GOOD REASONS NOT TO BAN THE LEAD
AMMO THAT ALL OF MY COLLEAGUES HAVE ALREADY MENTIONED, BUT WE'RE STILL
DOING IT. AND IT LEADS ME TO SUSPECT THAT IT IS DEATH OF A THOUSAND PIN
PRICKS FOR THE SECOND AMENDMENT AND UPSTATE, NEW YORK. I
REPRESENT HALF OF DELAWARE COUNTY, THE CATSKILLS, WHICH HAPPENS TO BE
THE NEW YORK CITY WATER SUPPLY, AND I MET A LOT OF THOSE PEOPLE AND
I'VE GONE DOOR TO DOOR AND TRIED TO CONVINCE TWO DIFFERENT GUN SHOPS
NOT TO CLOSE AFTER LAST YEARS CONCEALED CARRY IMPROVEMENT ACT. SO WE
KNOW THAT NO ONE'S DYING FROM THE LEAD AND EATING THE LEAD AND
INGESTING LEAD POISON TO ANIMALS. THE EAGLES ARE ON A HUGE UPSWING
WHERE I LIVE. YOU CAN SEE THEM EVERYWHERE, IT'S AMAZING. THERE'S ONE
NEAR MY DISTRICT OFFICE THAT HAS A -- IT'S GOT A NEST THE SIZE OF A CAR HOOD.
IT'S JUST -- IT'S JUST UNFORTUNATE THAT THE PEOPLE WHO ARE UPSTATE WHO ARE
LEAVING IN DROVES AND WAITING FOR THEIR ANCHOR TO BE -- TO BE WEIGHED
UP BEFORE THEY COULD LEAVE THE STATE AND THERE'S JUST ONE MORE AND ONE
MORE AND ONE MORE AND IT'S THE DEATH OF A THOUSAND PIN PRICKS. THE
AMMO THAT WERE BANNING JUST HAPPENS TO BE THE LEAST EXPENSIVE AND
THE MOST ACCURATE. AND WHEN IT COMES TO ACCURACY THAT COUNTS
BECAUSE HUNTERS ARE SO KEEN ON HAVING WHAT'S CALLED A CLEAN KILL. THEY
WANT ONE SHOT, THEY WANT TO TAKE THE ANIMAL DOWN AND THEY WANT TO --
THEY WANT TO APPRECIATE THE SACRIFICE OF THAT. AND TO BAN THE LEAST
EXPENSIVE AND MOST ACCURATE AMMO IS NOT HELPING WHEN MORE DEER GET
TAKEN BY THE FRONT BUMPER OF A FORD THAN WITH LEAD AMMO. THANK YOU.
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NYS ASSEMBLY APRIL 26, 2023
ACTING SPEAKER AUBRY: MR. ANGELINO IN THE
NEGATIVE.
MS. KELLES TO EXPLAIN HER VOTE.
MS. KELLES: THANK YOU. I'M REALLY STRUGGLING WITH
THIS ENTIRE CONVERSATION. AS A SCIENTIST I FIND SOME OF THE DISCUSSION
DEEPLY OFFENSIVE, PARTICULARLY THE TENDENCY TO CHERRY-PICK DATA.
ANYONE WHO IS A SCIENTIST KNOWS THE THINGS THAT WE SHOULD BE LOOKING
AT ARE CAUSALITY, NOT ASSOCIATION ESPECIALLY WHEN IT IS VERY DISTANT.
META ANALYSES IS WHAT WE SHOULD BE LOOKING AT. WHEN YOU LOOK AT THE
META ANALYSES, 46 PERCENT OF BALD EAGLES SAMPLED IN 38 STATES HAD
HARMFUL LEVELS OF TOXIC LEAD FOUND IN THEIR BONES, 46 PERCENT.
TWENTY-EIGHT PERCENT IN ANOTHER STUDY, SPECIFICALLY ON, DUCKS
EXCEEDED 100 MICROGRAMS PER DECILITER. A THRESHOLD FOR CLINICAL
TOXICITY, AN 8.6 PERCENT OF BIRDS. WHEN WE TALK ABOUT THE WATER
SUPPLY, THAT WAS ALSO SOMETHING WE CAN CHERRY-PICK BECAUSE WE ALSO
HAVE TO LOOK AT THE IMPACT OF THE WATER SUPPLY ON SMALLER CREATURES
LIKE FISH AND THEN THE LARGER FISH THAT EAT THOSE SMALLER FISH AND
UPWARDS THROUGH THE FOODS -- FOOD CHAIN. AND THEN THOSE PEOPLE WHO
EAT THOSE FISH AND THEN THE LEAD THAT BUILDS UP IN THE BODY OVER TIME
BECAUSE LEAD BUILDS UP IN TISSUE IN THE BODY OVER TIME. IT STORES UP IN
TISSUE OVER TIME, THE TOXICITY BUILDS OVER TIME. WHEN WE TALK ABOUT
THE COST, WE KNOW THAT WHEN WE'RE LOOKING AT STEEL VERSUS LEAD, WE ARE
LOOKING AT SIMILAR COSTS. WHEN WE'RE TALKING ABOUT THE HIGH-QUALITY
LEAD VERSUS COPPER WE'RE LOOKING AT SIMILAR COSTS. BUT LET'S TALK ABOUT
THE COST OF LOSING SPECIES. WHY IS THE HUMAN SPECIES THE ONLY SPECIES
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NYS ASSEMBLY APRIL 26, 2023
WE CARE ABOUT? DO WE NOT DEPEND ON EVERY OTHER SPECIES EXISTING?
IT'S CALLED CO-EXISTENCE BECAUSE WE DEPEND ON THEM. WE CANNOT LIVE
ALONE IN THIS WORLD. IT IS A COST THAT IS WORTH SPENDING TO MAKE SURE
THAT OTHER SPECIES LIVE CO-EXISTING WITH US. I'M DEEPLY DISAPPOINTED IN
SOME OF THE DISCUSSIONS THAT I'VE HEARD TODAY. I STAND IN THE
AFFIRMATIVE WITH THIS LEGISLATION.
ACTING SPEAKER AUBRY: MS. KELLES IN THE
AFFIRMATIVE.
MR. TAGUE TO EXPLAIN HIS VOTE.
MR. TAGUE: THANK YOU, MR. SPEAKER. I'M SORRY
THAT MY COLLEAGUE IS DISAPPOINTED. I WAS DISAPPOINTED AS SHE IS BUT NOT
SO MUCH IN THE DISCUSSION AS THIS BUT I'M VERY DISAPPOINTED WITH THE
FACT WE DON'T HAVE A BUDGET YET. SO I WILL BE VOTING NO. THANK YOU.
ACTING SPEAKER AUBRY: MR. TAGUE IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE DO HAVE
RESOLUTIONS. WE WILL TAKE THEM UP WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
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NYS ASSEMBLY APRIL 26, 2023
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 366-369
WERE UNANIMOUSLY ADOPTED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. WOULD
YOU PLEASE CALL ON MR. JACOBSON FOR THE PURPOSES OF AN
ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MR. JACOBSON FOR THE
PURPOSES OF A ANNOUNCEMENT.
(LAUGHTER)
MR. JACOBSON: WELL, THE ANSWER TO THE AGE-OLD
QUESTION FOR THE MAJORITY ARE WE HAVING CONFERENCE TODAY, AND THE
ANSWER IS YES, AT 5:00 IN HEARING ROOM B, 5:00.
ACTING SPEAKER AUBRY: MAJORITY CONFERENCE
5:00, HEARING ROOM B.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED AND THAT WE RECONVENE AT THE
CALL OF THE SPEAKER.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 3:56 P.M. THE ASSEMBLY STOOD
ADJOURNED UNTIL THE CALL OF THE SPEAKER.)
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