TUESDAY, MAY 16, 2023 2:46 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF MONDAY, MAY 15TH.

MS. SOLAGES.

MS. SOLAGES: MR. SPEAKER, I MOVE TO DISPENSE

WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, MAY 15TH AND THAT

NYS ASSEMBLY MAY 16, 2023

THE SAME STANDS APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MS. SOLAGES.

MS. SOLAGES: WELL THANK YOU, MR. SPEAKER. AS

ALWAYS, WE'RE GOING TO BEGIN THE DAY WITH A WONDERFUL QUOTE FROM A

PROUD NEW YORKER, ELEANOR ROOSEVELT. SHE SAID THAT "THE FUTURE

BELONGED TO THOSE WHO BELIEVE IN THE BEAUTY OF THEIR DREAMS." AND SO

ELEANOR ROOSEVELT WAS AN AMERICAN PUBLIC FIGURE, A DIPLOMAT, A

PACIFIST AND AN ACTIVIST, AND SHE WAS THE FIRST LADY OF THE UNITED STATES

FROM 1933 TO 1945.

SO WITH THAT, MR. SPEAKER, IF I COULD HAVE THE

MEMBERS' ATTENTION SO THAT WE COULD ANNOUNCE THE SCHEDULE FOR THE

DAY. MEMBERS HAVE ON THEIR DESK A MAIN CALENDAR. WE ALSO HAVE A

DEBATE LIST. AND AFTER ANY HOUSEKEEPING AND INTRODUCTIONS WE WILL CALL

FOR THE FOLLOWING COMMITTEES TO MEET, WHICH IS CORPORATIONS AND

WAYS AND MEANS. WE WILL BEGIN OUR FLOOR WORK BY TAKING UP A

RESOLUTION ON PAGE 3, AND WE WILL CONTINUE WITH WHERE WE LEFT OFF

YESTERDAY WITH CONSENT STARTING WITH CALENDER 208 ON PAGE 20, THROUGH

CALENDER 218. WE WILL THEN WORK OFF THE DEBATE LIST AS FOLLOWS:

CALENDAR NO. 38 BY MR. ZEBROWSKI; CALENDAR NO. 79 BY MR. GIBBS;

CALENDAR NO. 144 BY MS. SHIMSKY; AND CALENDAR NO. 159 BY MR.

COLTON. I WILL ANNOUNCE ANY FURTHER FLOOR ACTIVITY AS WE PROCEED.

THERE WILL BE A NEED FOR MAJORITY CONFERENCE IN THE HEARING ROOM C

AND AT THE CONCLUSION OF OUR WORK FROM THE FLOOR. AS ALWAYS, I WILL

NYS ASSEMBLY MAY 16, 2023

CONSULT WITH THE MINORITY REGARDING THEIR CONFERENCE NEEDS.

SO WITH THAT AS A GENERAL OUTLINE, MR. SPEAKER, IF

THERE'S ANY HOUSEKEEPING AND INTRODUCTIONS, NOW WOULD BE THE

APPROPRIATE TIME.

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

MS. HYNDMAN [SIC]. HOWEVER, WE DO HAVE INTRODUCTIONS.

MS. HYNDMAN FOR THE PURPOSES OF A INTRODUCTION.

MS. HYNDMAN: THANK YOU, MR. SPEAKER. SO

TODAY I'D LIKE TO INTRODUCE TO THE NEW YORK STATE ASSEMBLY, ABOUT 30

SCHOOLS FROM SCHOOL DISTRICT 29 ON THEIR CIVICS DAY IN OUR CAPITOL.

SO WE HAVE SCHOOLS, AND I'M GOING TO TRY TO GET THEM ALL TOGETHER: PS

38, 109, 134, 195, 15, 147, 37, 52, 270, 131, 208, 35, 116, 289, 118,

156, 355, 251, 36, 132, 59, 192, 176, PS 95, 181, 136 AND 135

EXCELSIOR PREP HIGH SCHOOL AND EAGLE ACADEMY. THESE SCHOOLS ARE

ALL IN DISTRICT 29, THE SCHOOL DISTRICT, NOT THE ASSEMBLY DISTRICT, AND WE

WANTED TO MAKE SURE THEY UNDERSTAND HOW IMPORTANT STATE GOVERNMENT

IS. SO THEY'VE BEEN ABLE TO VISIT SEVERAL OFFICES, SENATE OFFICES, AND

ASSEMBLY OFFICES, AND I HAVE TO THANK OUR SUPERINTENDENT, DR. BONDS,

WHO IS HERE WHO MADE THIS ALL HAPPEN, THE PRINCIPALS WHO WERE ABLE TO

JOIN US, THE SOCIAL WORKERS, THE PARENT CHAPERONS, BUT MOST OF ALL THESE

CHILDREN BECAUSE THEY ARE OUR FUTURE AND AS A GRADUATE OF PS 34 AND IS

109, I STRONGLY RECOMMEND THAT WE ENCOURAGE OUR PUBLIC SCHOOL

STUDENTS TO BE INVOLVED IN CIVIC EDUCATION. SO THEY'VE GOTTEN A DOSE OF

WHAT IT'S LIKE TO BE HERE FOR THE DAY. SO, MR. SPEAKER, IF YOU WOULD

AFFORD THEM ALL THE CORDIALITIES OF THE HOUSE, AND I'M SURE WHEN THEY

NYS ASSEMBLY MAY 16, 2023

GO BACK TO THE DISTRICT THEY'LL MAKE SURE THEY UNDERSTAND HOW

IMPORTANT STATE GOVERNMENT IS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. HYNDMAN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

STUDENTS FROM THE DISTRICT HERE TO THE NEW YORK STATE ASSEMBLY. WE

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE THANK AND CONGRATULATE

BOTH THE PRINCIPAL AND TEACHERS, AND EVERYONE WHO CAME AND ASSISTED

THESE STUDENTS. WE HOPE YOUR TRIP HERE TO ALBANY HAS BEEN BENEFICIAL,

THAT YOU WILL SPEND A LITTLE TIME WITH US AND WATCH US AS WE LEGISLATE,

BUT ALSO THAT YOU WILL GET THE SENSE OF QUITE FRANKLY THE MAJESTY OF THE

BUILDING THAT WE DO OUR WORK IN. THANK YOU SO VERY MUCH, WE'RE SO

HAPPY THAT YOU CAME.

(APPLAUSE)

MS. REYES FOR THE PURPOSES OF A INTRODUCTION.

MS. REYES: THANK YOU, MR. SPEAKER. WE HAVE

WITHIN US TODAY SOME DISTINGUISHED GUESTS FROM THE BRONX. THE

GARIFUNA COALITION USA, IS A NON-PROFIT 501(C)3 TAX-EXEMPT

ORGANIZATION HEADQUARTERED IN THE SOUTH BRONX. IT WAS FOUNDED ON

MAY 9TH, 1998, AND INCORPORATED MAY 28TH, 1999. THE MISSION OF THE

GARIFUNA COALITION USA INC. IS TO ADVOCATE FOR THE RIGHTS OF GARIFUNA

IMMIGRANTS AND STRENGTHEN CIVIC PARTICIPATION WITHIN THE COMMUNITY

BY NURTURING LOCAL LEADERSHIP THROUGH EDUCATIONAL AND CULTURAL

PROGRAMS THAT BRING TOGETHER COMMUNITY MEMBERS ACROSS RACIAL AND

ETHNIC LINES. IT SEEKS TO IMPROVE THE SOCIAL, ECONOMIC, CIVIC AND

CULTURAL CONDITIONS OF NEW YORK'S GARIFUNA COMMUNITY, AND AMONG

NYS ASSEMBLY MAY 16, 2023

THEM, WE HAVE TWO OF MY CONSTITUENTS, JOSÉ FRANCISCO ÁVILA, WHO IS

THE FOUNDER OF THE GARIFUNA COALITION USA AND MS. ROSEMARY

ORDONEZ-JENKINS, WHO IS ALSO A LEADER WITHIN THE ORGANIZATION. PLEASE,

MR. SPEAKER, WELCOME THEM AND EXTEND THE CORDIALITIES OF THE FLOOR,

THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. REYES, MR. BURGOS, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. THE GARIFUNA COMMUNITY IS WELL-KNOWN HERE

IN ALBANY AND WE'RE ALWAYS PLEASED TO SEE YOU EVERY YEAR THAT YOU JOIN

US. CONTINUE THAT GREAT WORK, WE HOPE TO SEE YOU AGAIN NEXT YEAR AT

THIS TIME AND FOR A SIMILAR CELEBRATION. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. KIM FOR THE PURPOSES OF AN INTRODUCTION.

MR. KIM: THANK YOU, MR. SPEAKER, FOR ALLOWING ME

TO INTERRUPT THE PROCEDURES FOR AN INTRODUCTION OF A SPECIAL GUEST IN THE

CHAMBER TODAY. WE ARE JOINED BY AMBASSADOR MIKIO MORI, CONSUL

GENERAL TO JAPAN IN NEW YORK, AS WELL AS COMMUNITY LEADERS AND

BUSINESS LEADERS FROM THE JAPANESE COMMUNITY THAT'S STANDING BEHIND

US WHO HAVE JOINED US; THANK YOU SO MUCH FOR TAKING THE TIME TO VISIT.

THEY WERE HERE TODAY TO BE AT THE GOVERNOR'S EXECUTIVE CHAMBER FOR

THE AAPI HERITAGE MONTH CELEBRATION, BUT THEY ALSO DECIDED TO COME

AND SEND THEIR GREETINGS ON THE FLOOR WITH US TODAY. AMBASSADOR MORI

IS VERY FOCUSED ON CONTINUING TO BUILD BETTER RELATIONS BETWEEN THE

JAPANESE AND ASIAN AND NEW YORK COMMUNITIES. HE RECENTLY

NYS ASSEMBLY MAY 16, 2023

PUBLISHED AN OP-ED IN THE NEW YORK DAILY NEWS. YOU CAN LOOK IT UP,

NYC AND JAPAN GO WAY BACK. THE DEEP TIES BETWEEN AMERICA'S HONOR

CITY AND EAST ASIA'S HONORED NATION, WHERE HE TALKS ABOUT THE ONGOING

RELATIONSHIP, NOT JUST, YOU KNOW, ENJOYING THE JAPANESE CULTURE, BUT

ENJOYING JAPANESE BASEBALL PLAYERS BUT REALLY, YOU KNOW, TAKING THE

NEXT STEP OF MAKING ASIANS AND JAPANESE-AMERICANS FEELING LIKE THEY

TRULY BELONG IN THIS COUNTRY AND NOT JUST ALWAYS BEING PITTED AGAINST

OTHER COMMUNITIES TO COMPETE TO TRY TO FIT IN. AND IT IS A BEAUTIFUL

SOLIDARITY-BUILDING MESSAGE THAT HE IS PROMOTING AND WE'RE ALL HERE FOR

HIM AND HIS LEADERS AS THEY COME UP TO VISIT US IN ALBANY. I HOPE THAT

YOU CAN EXTEND THE CORDIALITIES OF THE FLOOR TO THE AMBASSADOR AND

JAPANESE LEADERS.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. KIM, THE SPEAKER AND ALL THE MEMBERS, AMBASSADOR, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, TO YOUR

DELEGATION, AS WELL. WE APPRECIATE THAT YOU'VE TAKEN TIME ENOUGH TO

COME HERE TO ALBANY AND SHARE THIS DAY WITH US. WE KNOW THAT YOUR

MISSION IS ABOUT PEACEFULNESS AND COLLABORATION BETWEEN OUR GREAT

COUNTRIES, WE BELIEVE IN THAT. WE WILL CONTINUE TO WORK WITH THAT WITH

YOU. THANK YOU SO VERY MUCH FOR BEING HERE.

(APPLAUSE)

MR. GOODELL FOR THE PURPOSES OF A INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. IT IS MY GREAT PLEASURE TO INTRODUCE JUDGE STEPHEN CASS, THE

CHAUTAUQUA COUNTY SURROGATE COURT JUDGE. AND IN CHAUTAUQUA

NYS ASSEMBLY MAY 16, 2023

COUNTY, JUDGE CASS IS AS SYNONYMOUS WITH SURROGATE COURT. HIS

FATHER - ALSO JUDGE CASS, WILLARD CASS - SERVED FOR 28 YEARS, AND WHEN

HE RETIRED, JUDGE STEPHEN CASS WAS APPOINTED TO FILL THE VACANCY, AND

HE HAS ALREADY SERVED ANOTHER 25 YEARS SO MORE THAN A HALF-CENTURY OF

SURROGATE COURT PRACTICE IN CHAUTAUQUA COUNTY. MR. CASS, IT'S SUCH A

PLEASURE TO HAVE HIM HERE AND AS OUR SURROGATE COURT JUDGE, BECAUSE

HE COMBINES THE UNIQUE CHARACTERISTICS OF BEING FRIENDLY, PRACTICAL,

COMPASSIONATE AND KNOWLEDGEABLE. HE GRADUATED FROM ALLEGHENY

COLLEGE AND THEN CAME UP TO ALBANY LAW SCHOOL. HE'S DOING A

PHENOMENAL JOB HERE IN CHAUTAUQUA COUNTY. AND JUST A SIDE NOTE, I

AM SO THANKFUL HE HAS ALSO HIRED VERY FRIENDLY, HELPFUL STAFF WHO

CORRECT ALL MY PAPERS EVERY TIME I FILE THEM. BUT IF YOU WOULD EXTEND

THE COURTESIES OF JUDGE CASS AND EXPRESS OUR APPRECIATION OF

CHAUTAUQUA COUNTY AND WELCOME HIM TO THE CHAMBER, I WOULD

APPRECIATE IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, YOUR HONOR, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. THANK YOU FOR TAKING THIS LIFETIME OF WORK IN

TAKING CARE OF THE PEOPLE IN CHAUTAUQUA COUNTY, AND AS WELL LIVING

BOND, THE HERITAGE THAT YOUR FATHER LEFT YOU. CONTINUE THE GREAT WORK,

AND WE HOPE TO SEE YOU AGAIN IN ALBANY VERY SOON. THANK YOU.

(APPLAUSE)

MR. MAHER FOR THE PURPOSES OF A INTRODUCTION.

MR. MAHER: THANK YOU, MR. SPEAKER. I RISE TODAY

NYS ASSEMBLY MAY 16, 2023

TO INTRODUCE TWO AMAZING INDIVIDUALS FROM ORANGE COUNTY, BOTH OF

THEM OPERATE IN THE TOWN OF MONTGOMERY WHERE I WAS BORN AND

RAISED. THE FIRST IS HEATHER BELL WHO IS THE PRESIDENT AND CEO OF THE

ORANGE COUNTY CHAMBER OF COMMERCE. HEATHER AND HER TEAM HAVE

REALLY REINVIGORATED THE LOCAL BUSINESS COMMUNITY IN ORANGE COUNTY.

SHE HAS SO MUCH PASSION AND WITH HER ABILITY TO REALLY BRING PEOPLE

TOGETHER, SHE REALLY HAS MAXIMIZED THE WAY THAT OUR BUSINESS

COMMUNITY OPERATES AND ENSURED THAT DISPOSABLE INCOME IS BROUGHT TO

THE PEOPLE THAT NEED TO REALLY BENEFIT FROM IT THE MOST. THE SECOND

GUEST IS SHARON TONEY-FINCH WHO IS THE FOUNDER AND CHAIR OF THE YIT

FOUNDATION. YIT IS NAMED AFTER HER PREMIE BABY, YERIK ISRAEL TONEY.

YERIK WAS BORN AT ONE POUND, AND HE FOUGHT FOR HIS LIFE FOR SEVEN

MONTHS BEFORE HE PASSED AWAY, AND SHARON CREATED THIS FOUNDATION TO

HELP OTHER PREMIE BABIES AND THEIR FAMILIES WITH COST, TRANSPORTATION TO

HOSPITALS, AND SO MANY OTHER THINGS THAT SHE JUST DIDN'T HAVE THE

SUPPORT FOR WHEN SHE WAS IN THE MILITARY. SHE HAS CREATED THIS

FOUNDATION WHICH ALSO NOW CREATES OPPORTUNITIES FOR HOMELESS

VETERANS AND THOSE THAT ARE IN NEED WHO HAVE SERVED OUR COUNTRY.

SHARON HERSELF DID TWO COMBAT TOURS IN THE ARMY, IN IRAQ, AND IS A

PURPLE HEART RECIPIENT. PLEASE EXTEND THE CORDIALITIES OF THE FLOOR, MR.

SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. MAHER, THE SPEAKER AND ALL THE MEMBERS, HEATHER AND SHARON,

WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU

THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE WORK THAT YOU'RE DOING

NYS ASSEMBLY MAY 16, 2023

IN YOUR RESPECTIVE COMMUNITIES AND THAT YOU HAVE TURNED IN SOME

CASES TRAGEDY INTO HELPING OTHERS. WE APPRECIATE THAT. WE SALUTE YOU

AND APPLAUD YOU FOR THAT. PLEASE KNOW YOU ALWAYS HAVE A FRIEND HERE

IN ALBANY. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. CURRAN FOR THE PURPOSES OF A INTRODUCTION.

MR. CURRAN: THANK YOU, MR. SPEAKER. IT IS MY

PLEASURE TO INTRODUCE TO THIS HOUSE JUDGE MARGARET REILLY, WHO IS THE

NASSAU COUNTY SURROGATE. JUDGE REILLY STARTED HER JUDICIAL CAREER ON

THE DISTRICT COURT IN NASSAU COUNTY IN 1998. SHE MOVED TO THE

SUPREME COURT IN 2012 AND SHE WAS THEN ELECTED TO THE SURROGATES

COURT IN 2016, MR. SPEAKER. SHE IS A WONDERFUL SURROGATE ON BEHALF OF

THE RESIDENTS OF NASSAU COUNTY. AND IF I ALSO MIGHT NOTE, HER FATHER,

JOSEPH REILLY, WAS A MEMBER OF THIS HOUSE IN 1966 TO 1982. AND

WHEN I WAS TALKING TO THE JUDGE EARLIER TODAY, IT'S BEEN SO LONG SINCE

SHE'S BEEN UP HERE, THE LAST TIME SHE WAS UP HERE, MY SIDE OF THE AISLE

WAS IN THE MAJORITY. AND THAT'S A LONG TIME, MR. SPEAKER. SO I'M

GOING TO ASK YOU TO PLEASE WELCOME JUDGE REILLY TO THE CHAMBER AND

EXTEND ALL THE CORDIALITIES.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. CURRAN, THE SPEAKER AND ALL THE MEMBERS, JUDGE, WE WELCOME

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

PRIVILEGES OF THE FLOOR. AND AS A PART OF THIS HOUSE, YOU'RE A PART OF

OUR FAMILY BECAUSE OF YOUR FATHER. WE EXTEND THE PRIVILEGES THAT YOU

ALWAYS WILL HAVE WHENEVER YOU COME VISIT US, KNOW THAT WE WELCOME

NYS ASSEMBLY MAY 16, 2023

YOU AND THANK YOU FOR THE WORK THAT YOU'RE DOING IN YOUR COUNTY.

THANK YOU.

(APPLAUSE)

MR. NORRIS FOR THE PURPOSES OF A INTRODUCTION.

MR. NORRIS: THANK YOU, MR. SPEAKER. IT IS TRULY

MY HONOR TO INTRODUCE TO THIS HOUSE A VERY GOOD FRIEND OF MINE WHO

WAS ELECTED IN 2021 NIAGARA COUNTY'S COURT JUDGE AND SURROGATE,

JOHN OTTAVIANO. AND I MUST SAY THAT WHEN YOU LOOK OVER YOUR CAREER

IN LIFE THERE ARE INDIVIDUALS THAT HELP YOU ALONG THE WAY. SO A REAL

QUICK STORY. WHEN I WAS AN INTERN IN THE LOCKPORT MAYOR'S OFFICE

BACK IN 1993 AS A HIGH SCHOOL STUDENT AND THEN IN 1994, JOHN

OTTAVIANO ENDED UP BEING THE CORPORATION COUNSEL. AND JOHN

ENCOURAGED ME TO GO INTO PUBLIC SERVICE AND PURSUE THE LAW. I

CONSIDER HIM A DEAR FRIEND, A MENTOR, AND I APPRECIATE EVERYTHING HE'S

DONE FOR ME AND HE'S DOING A TREMENDOUS JOB AS OUR COUNTY COURT

JUDGE AND SURROGATE AFTER SERVING 25 YEARS AS A CORPORATION COUNSEL

IN THE CITY OF LOCKPORT. AND, MR. SPEAKER, IF I COULD JUST SHARE ONE

IRONIC STORY. ONE OF MY PREDECESSORS IN THIS HOUSE, THE GREAT MATT

MURPHY WAS AN ASSEMBLYMEMBER HERE FOR 18 YEARS, LATE '70S THROUGH

1992, AND HIS SON, THE COUNTY COURT JUDGE, THE LATE MATTHEW MURPHY -

HIS SON, JUDGE MURPHY, HE SERVED AS A COUNTY COURT JUDGE FOR A LONG

TIME, AND JOHN OTTAVIANO IS A SUCCESSOR TO ASSEMBLYMEMBER MURPHY'S

SON, JUDGE MATT MURPHY ON THE BENCH. SO IT JUST BRINGS IT ALL TOGETHER

AND IT WOULD JUST REALLY MEAN SO MUCH TO ME IF YOU COULD EXTEND THE

COURTESIES OF THE HOUSE TO MY GOOD FRIEND, JUDGE JOHN OTTAVIANO FROM

NYS ASSEMBLY MAY 16, 2023

LOCKPORT, NEW YORK.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

HERE, YOUR HONOR, TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. AND COINCIDENTLY, WHEN I FIRST CAME TO

THE NEW YORK STATE ASSEMBLY, I SAT NEXT TO MATT MURPHY, WE HAD A

CREW OF IRISHMEN AND ME, AND SO I GOT TO KNOW HIM VERY WELL, HE WAS

VERY KIND AND TOOK GOOD CARE OF A ROOKIE IN THOSE DAYS. THANK YOU SO

VERY MUCH FOR THE SERVICE THAT YOU CONTINUE TO PROVIDE YOUR COUNTY.

THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. ROSENTHAL FOR THE PURPOSES OF A INTRODUCTION.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER. I

WANTED TO INTRODUCE TO YOU A GROUP OF MIDDLE SCHOOL STUDENTS AND THEIR

TEACHER, GABRIEL KAPLAN WHO ARE VISITING ALBANY TODAY FROM THE

ABRAHAM JOSHUA HESCHEL SCHOOL IN MY DISTRICT ON THE UPPER WEST

SIDE. THEY MAKE THE TRIP EACH YEAR TO SEE THE STATE CAPITOL, VISIT THE

NEW YORK STATE MUSEUM AND LEARN ABOUT STATE GOVERNMENT. THEY'RE

A GREAT GROUP OF SEVENTH GRADE STUDENTS AND THEY'RE VERY EAGER TO LEARN

ABOUT THE WORK THAT WE DO HERE IN THIS CHAMBER. I HOPE THEY'VE

ENJOYED THEIR TIME HERE AND I LOOK FORWARD TO SEEING THEM COME BACK

ANOTHER TIME. I'M NOT ACTUALLY SURE THEY'RE IN THE CHAMBER. I DON'T

THINK THEY'RE IN THE CHAMBER. CAN I PEACE OUT 'TIL THEY COME IN?

THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

NYS ASSEMBLY MAY 16, 2023

OF MS. ROSENTHAL, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

STUDENTS HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. HOPE YOU HAVE ENJOYED YOUR TRIP TO ALBANY

AND WE LOOK FORWARD TO YOU RETURNING TO US NEXT YEAR AS EIGHTH

GRADERS, I BELIEVE. THANK YOU SO VERY MUCH.

(APPLAUSE)

WE'RE GOING TO WAIT A MINUTE UNTIL WE CLEAR THAT DOOR

IN THE BACK, PLEASE.

(PAUSE)

MR. EPSTEIN FOR THE PURPOSES OF A INTRODUCTION.

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

AN INTRODUCTION. WE'RE HONORED TO HAVE SURROGATE COURT JUDGES HERE

FROM AROUND THE STATE WHO HAVE JOINED US IN THE BACK, AND I WANT TO

SPECIFICALLY CALL OUT MY SURROGATE, RITA MELLA, WHO HAS BEEN A LONG

TIME FRIEND AND LUCKILY WE WENT TO THE SAME LAW SCHOOL TOGETHER AND

WHEN I WAS SWORN IN, SHE SWORE ME IN AND I'M REALLY PRIVILEGED TO

HAVE THEM HERE AND I ASK YOU TO OFFER THEM THE CORDIALITIES OF THE

HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

DISTINGUISHED BODY HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. HOPE THAT YOU'VE HAD A BENEFICIAL TIME

HERE IN ALBANY. CONTINUE THE GREAT WORK THAT ALL OF YOU DO. PLEASE

KNOW THAT YOU'RE ALWAYS WELCOME HERE IN OUR PARTICULAR CHAMBER.

THANK YOU SO VERY MUCH.

NYS ASSEMBLY MAY 16, 2023

(APPLAUSE)

MR. CONRAD FOR THE PURPOSES OF A INTRODUCTION.

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

LIKE TO PIGGYBACK ON THE INTRODUCTION MR. EPSTEIN GAVE TO OUR

SURROGATE JUDGES. I'D LIKE TO ALSO RECOGNIZE THE HONORABLE ACEA

MOSEY AND AS WELL AS A FORMER MEMBER, MATT TITONE, WHO HAS JOINED

US HERE TODAY AS PART OF THE SURROGATES. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. CONRAD, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME BOTH

THE -- THE -- YOUR HONOR HERE, AS WELL AS OUR FORMER MEMBER WHO

NEEDS NO INTRODUCTION, ALSO ALWAYS HAS THE PRIVILEGES OF THE FLOOR AS A

PAST MEMBER AND A PART OF OUR FAMILY. PLEASE CONTINUE THE GREAT WORK

ALL OF YOU ARE DOING. WE DO APPRECIATE IT AND ALWAYS PLEASED TO SEE

YOU BACK. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. PRETLOW FOR THE PURPOSES OF AN INTRODUCTION.

MR. PRETLOW: THANK YOU, MR. SPEAKER. I'D LIKE

TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSES OF AN INTRODUCTION. IT

SEEMS THAT TODAY IS SURROGATE'S DAY IN NEW YORK, AND A LOT OF OUR

COLLEAGUES ARE TALKING NICE THINGS ABOUT THEIR SURROGATES, I GUESS

BECAUSE THEY'RE AFRAID IF THEY SHOULD GO INTESTATE THAT THESE GUYS AND

WOMEN WILL TAKE CARE OF THEIR -- THEIR LIFE'S WORK. BUT I'D LIKE TO

INTRODUCE TODAY MY SURROGATE FROM WESTCHESTER COUNTY WHO ACTUALLY

HAILS FROM MOUNT VERNON, THE HONORABLE BRANDON SAUL, SURROGATE OF

WESTCHESTER COUNTY. THANK YOU.

NYS ASSEMBLY MAY 16, 2023

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. PRETLOW, THE SPEAKER AND ALL THE MEMBERS, YOUR HONOR, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. HAPPY THAT YOU CAME AND SHARED THIS

DAY WITH US, HOPE THE TRIP TO ALBANY HAS BEEN BENEFICIAL AND YOU WILL

KNOW YOU'RE ALWAYS WELCOME BACK. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. SAYEGH FOR THE PURPOSES OF A INTRODUCTION.

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

I RISE AS WE HAVE A CONFERENCE OF BIG 5 SCHOOL DISTRICTS. YONKERS,

NEW YORK, THIRD LARGEST CITY IN THIS STATE, HAS NEARLY 27,000 CHILDREN.

AND TODAY, I'M GLAD TO WELCOME TO THE CHAMBERS TWO VERY OUTSTANDING

STUDENTS AND THEIR TEACHERS FROM THE GORTON HIGH SCHOOL OF YONKERS,

AMEILA CANCEL, A 12TH GRADER, AND ISSA NABER, A 12TH GRADER, WHO IS

ALSO THE HIGH SCHOOL VALEDICTORIAN. ALONG WITH TEACHER, TERENCE

FOLEY. IT'S REALLY TREMENDOUS TO HAVE ALL THE STUDENTS REPRESENTING

URBAN SCHOOL DISTRICTS, DISPLAYING OUTSTANDING SUCCESS. WE CAN EXTEND

THE COURTESY OF THE CHAMBER, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. SAYEGH, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

STUDENTS, FINE STUDENTS, HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND

TO YOU THE PRIVILEGE OF THE FLOOR. HOPE YOU HAVE ENJOYED YOUR TRIP

HERE TO ALBANY AND WE WILL LOOK FORWARD TO SEEING YOU AGAIN.

AND MS. ROSENTHAL FOR THE PURPOSES OF AN

INTRODUCTION.

NYS ASSEMBLY MAY 16, 2023

MS. ROSENTHAL: THANK YOU, MR. SPEAKER. I

WANT TO INTRODUCE A GROUP OF MIDDLE SCHOOL STUDENTS, AND THEIR TEACHER,

GABRIEL KAPLAN, WHO ARE VISITING ALBANY TODAY FROM THE ABRAHAM

JOSHUA HESCHEL SCHOOL IN MY DISTRICT ON THE UPPER WEST SIDE. THEY

MAKE THE TRIP EACH YEAR TO SEE THE STATE CAPITOL, TO VISIT THE STATE

MUSEUM, AND TO LEARN ABOUT OUR STATE GOVERNMENT. THEY'RE A GREAT

GROUP OF 7TH GRADE STUDENTS AND THEY'RE VERY EAGER TO LEARN ABOUT THE

WORK THAT WE DO HERE. I HOPE THEY'VE ENJOYED THEIR TIME AND I LOOK

FORWARD TO SEEING THEM BACK IN THE DISTRICT AND BACK HERE NEXT YEAR.

SO MR. SPEAKER, IF YOU COULD PLEASE GIVE THEM A WARM WELCOME AND

OFFER THEM THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: SOUNDS LIKE DÉJŔ VU

TO ME, BUT IN ANY EVENT, WE'LL -- ON BEHALF OF MS. ROSENTHAL, THE

SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE GREAT STUDENTS HERE TO

THE NEW YORK STATE ASSEMBLY, AND TO YOUR TEACHER, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. GLAD THAT YOU ARE HERE, HOPE THAT YOU WILL

COME BACK NEXT YEAR. PLEASE ENJOY YOUR TRIP TODAY AND RETURN HOME

SAFELY. THANK YOU.

(APPLAUSE)

MS. SOLAGES FOR THE PURPOSES OF A ANNOUNCEMENT.

MS. SOLAGES: IF I COULD HAVE MEMBERS' ATTENTION.

CAN THE CORPORATION [SIC] COMMITTEE GO TO THE SPEAKER'S CONFERENCE

ROOM, THERE IS A COMMITTEE MEETING. SO MEMBERS OF THE CORPORATION

[SIC] COMMITTEE PLEASE GO TO THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: CORPORATIONS TO THE

NYS ASSEMBLY MAY 16, 2023

SPEAKER'S CONFERENCE ROOM IMMEDIATELY, THANK YOU VERY MUCH.

WE WILL GO TO PAGE 3, RESOLUTIONS. ASSEMBLY NO.

469, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 469, MS. SEAWRIGHT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM APRIL 2023, AS AUTISM AND

NEURODIVERGENCE AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. SEAWRIGHT ON THE

RESOLUTION.

MS. SEAWRIGHT: THANK YOU, MR. SPEAKER. AS

CHAIR OF THE PEOPLE WITH DISABILITIES COMMITTEE, I RISE IN SUPPORT OF

THIS IMPORTANT RESOLUTION TO PROCLAIM AUTISM AND NEURODIVERGENCE

AWARENESS MONTH IN THE STATE OF NEW YORK. NEURODIVERSITY

AWARENESS MONTH IS A TIME TO CHALLENGE STEREOTYPES AND

MISCONCEPTIONS ABOUT OUR NEUROLOGICAL DIFFERENCES. ALL OF US PROBABLY

KNOW AND LOVE SOMEONE WITH AUTISM OR WHO IS NEURODIVERGENT. ABOUT

ONE IN 36 CHILDREN HAS BEEN IDENTIFIED WITH AUTISM SPECTRUM

DISORDER, KNOWN AS ASD. THIRTY-ONE PERCENT OF CHILDREN WITH ASD

HAVE AN INTELLECTUAL DISABILITY. FIFTEEN TO 20 PERCENT OF THE POPULATION

IS NEURODIVERSE. SEVERAL RECOGNIZED TYPES OF NEURODIVERGENCE INCLUDE

AUTISM, ASPERGER'S SYNDROME, DYSLEXIA, HYPERLEXIA, OBSESSIVE

COMPULSIVE DISORDER KNOWN AS OCD, AND TOURETTE SYNDROME.

AUTISM IS A DISEASE WITH SIGNIFICANT UNMET PATIENT NEEDS AND IT IS A

COMPLEX DEVELOPMENTAL DISABILITY THAT TYPICALLY APPEARS DURING THE

FIRST THREE YEARS OF LIFE, AND AFFECTS A PERSON'S ABILITY TO COMMUNICATE

NYS ASSEMBLY MAY 16, 2023

AND INTERACT WITH OTHERS. IT IS IMPORTANT TO RECOGNIZE AND WORK TO

RESPOND TO THE NEEDS OF THIS VIBRANT POPULATION. INDIVIDUALS WITH

AUTISM AND WHO ARE NEURODIVERSE OFTEN HAVE UNIQUE PERSPECTIVES IN

WAYS OF THINKING THAT CAN LEAD TO BREAKTHROUGHS IN SCIENCE, TECHNOLOGY

AND OTHER FIELDS. I PROUDLY CAST MY VOTE IN THE AFFIRMATIVE ON THIS VERY

IMPORTANT RESOLUTION. THANK YOU.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 470, MS. SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 4-10, 2023, AS LATE ONSET HEARING

LOSS AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 471, MR. BURDICK.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 14-20, 2023, AS FOOD ALLERGY

AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. BURDICK ON THE

RESOLUTION.

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

OPPORTUNITY TO SPEAK TO THIS RESOLUTION WHICH ACTUALLY CAME FROM A

VERY BRIGHT AND PERSISTENT 14-YEAR-OLD RESIDENT OF MY DISTRICT, JARED

NYS ASSEMBLY MAY 16, 2023

SAIONTZ WHO LAST YEAR CAME TO ME AND EXPLAINED HOW HE SUFFERS FROM

26 LIFE-THREATENING FOOD ALLERGIES, AND ASKED IF I WOULD INTRODUCE THE

RESOLUTION LAST YEAR, WHICH I DID, AND WHICH THIS CHAMBER OF COURSE

UNANIMOUSLY APPROVED. AND HE BROUGHT TO MY ATTENTION THE FACT THAT

SOME 32 MILLION AMERICANS SUFFER FROM FOOD ALLERGIES, AND EACH YEAR

SOME 50,000 TO 125,000 END UP IN THE EMERGENCY ROOM. THESE

LIFE-THREATENING FOOD ALLERGIES ARE SYMPTOMS THAT REALLY NEED TO BE

KNOWN MORE WIDELY, AND THE PURPOSE OF THIS RESOLUTION IS TO INCREASE

AWARENESS. AND SO I THANK MY COLLEAGUES FOR THE SUPPORT, AND THAT

SUPPORT HAS BEEN ON BOTH SIDES OF THE AISLE FOR WHICH I'M VERY GRATEFUL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. DARLING ON THE RESOLUTION.

MS. DARLING: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SPEAK ON THIS RESOLUTION, AND THANK YOU TO THE SPONSOR

FOR INTRODUCING THIS IMPORTANT RESOLUTION. RESEARCHERS ESTIMATE THAT 32

MILLION AMERICANS HAVE FOOD ALLERGIES, INCLUDING 5.6 MILLION CHILDREN

UNDER THE AGE OF 18. ABOUT 40 PERCENT OF CHILDREN WITH FOOD ALLERGIES

ARE ALLERGIC TO MORE THAN ONE FOOD. PROTECTING OUR NEW YORKERS MUST

REMAIN OUR TOP PRIORITY AND ALLERGIES CAN BE LIFE-THREATENING FOR MANY

PEOPLE, WHICH IS WHY HAVING ACCESS TO EPINEPHRINE CAN BE THE

DIFFERENCE BETWEEN LIFE AND DEATH FOR SOMEONE THAT IS SUFFERING FROM

AN ALLERGIC REACTION. HUNDREDS OF PEOPLE DIE FROM ANAPHYLAXIS EVERY

YEAR WITH MANY OF THE DEATHS BEING PREVENTABLE HAD THE INDIVIDUAL HAD

IMMEDIATE ACCESS TO EPINEPHRINE. THIS IS WHY I'VE INTRODUCED THE EPI

NYS ASSEMBLY MAY 16, 2023

ACT, WHICH WILL TAKE A BOLD STEP TOWARD SAVING LIVES TO ENSURE GREATER

ACCESSIBILITY TO EPINEPHRINE FOR NEW YORKERS LIVING WITH

LIFE-THREATENING ALLERGIES, AND WE WILL FIGHT TO PASS THIS ACT HERE IN

NEW YORK STATE. THANK YOU.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 472, MRS. GUNTHER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2023, AS MENTAL HEALTH AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. ZACCARO ON THE

RESOLUTION.

MR. ZACCARO: THANK YOU, MR. SPEAKER. I RISE TO

SPEAK TODAY -- ON TODAY'S RESOLUTION BECAUSE MENTAL HEALTH IS ONE OF

THE MOST PRESSING PUBLIC HEALTH CHALLENGES OF OUR TIME. AND WE MUST

TREAT THE MENTAL HEALTH CRISIS AS NOTHING LESS THAN A GREAT THREAT TO OUR

COLLECTIVE FUTURE. MANY NEW YORKERS ARE HURTING. COMING OUT OF A

WORLD-ALTERING PANDEMIC, LAYERED ON TOP OF LONGSTANDING AND SOCIAL

AND ECONOMIC INEQUALITIES THAT HAVE MADE LIFE TOO HARD FOR TOO MANY.

AND I'M PROUD THAT I JOINED THIS BODY JUST A COUPLE OF WEEKS AGO IN

VOTING FOR A STATE BUDGET THAT PRIORITIZED A $1 BILLION APPROPRIATION

THAT REPRESENTS THE MOST SIGNIFICANT COMMITMENT TO MENTAL HEALTH IN

THIS STATE'S HISTORY. AND I ENCOURAGE MY COLLEAGUES TODAY TO JOIN ME

IN DOING ALL THAT WE CAN DO TO TRANSFORM OUR APPROACH AND CONTINUE TO

NYS ASSEMBLY MAY 16, 2023

LAY THE GROUNDWORK FOR A HEALTHY, HAPPIER AND MORE RESILIENT NEW

YORK. THANK YOU, MR. SPEAKER, TODAY FOR ALLOWING ME TO INTERRUPT

TODAY'S PROCEEDINGS TO SPEAK ON SUCH AN IMPORTANT RESOLUTION.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GANDOLFO.

MR. GANDOLFO: THANK YOU, MR. SPEAKER. I RISE

TODAY TO COMMEND THE SPONSOR OF THIS RESOLUTION, THE CHAIRMAN OF OUR

MENTAL HEALTH COMMITTEE. AS THE RANKER OF THE MENTAL HEALTH

COMMITTEE I ALWAYS APPRECIATE THE FACT THAT MOST OF THE BILLS THAT COME

THROUGH PASS WITH UNANIMOUS CONSENT BECAUSE WE ALL RECOGNIZE THAT

WE HAVE TO DO MORE TO ADDRESS THE MENTAL HEALTH CRISIS WE'RE FACING,

ESPECIALLY AMONG SCHOOL-AGED CHILDREN. WE'VE EXPERIENCED,

ESPECIALLY IN MY DISTRICT, A DISTURBINGLY HIGH NUMBER OF TEEN SUICIDES

AMONG HIGH SCHOOL CHILDREN. SO ALTHOUGH I DID HAVE ISSUES WITH MANY

PORTIONS OF THE BUDGET THIS YEAR, I WAS VERY HAPPY TO SEE AN INVESTMENT

MADE IN MENTAL HEALTH. I THINK IT IS GOING TO DO -- GO A LONG WAY, BUT

WE CAN STILL DO MORE TO INVEST IN THIS. OVER THE RECENT YEARS WE HAVE

DONE BETTER AS A STATE, AND I THINK AS A COUNTRY WITH OUR -- WITH OUR

ATTITUDE TOWARDS TREATING MENTAL HEALTH AS PART OF YOUR OVERALL PHYSICAL

HEALTH. SO AGAIN, I'M THANKFUL TO THE SPONSOR FOR BRINGING THIS

RESOLUTION AND I'M PROUD TO SUPPORT IT.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY NO. 473, MR. DESTEFANO.

NYS ASSEMBLY MAY 16, 2023

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JULY 2023, AS CULINARY ARTS MONTH IN THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 474, MR. CUNNINGHAM.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM AUGUST 31, 2023, AS TRINIDAD AND TOBAGO

FLAG DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 475, MR. MILLER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM DECEMBER 12, 2023, AS POINSETTIA DAY IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED. THE RESOLUTION IS

ADOPTED.

PAGE 20, CALENDAR NO. 208, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04946-A, CALENDAR

NO. 208, TAGUE. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

EXTENDING THE AUTHORIZATION FOR OTSEGO COUNTY TO IMPOSE ADDITIONAL

RATES OF SALES AND COMPENSATING USE TAXES.

NYS ASSEMBLY MAY 16, 2023

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(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. A04976-A, CALENDAR

NO. 209, SIMPSON. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

EXTENDING THE AUTHORIZATION GRANTED TO THE COUNTY OF ESSEX TO IMPOSE

AN ADDITIONAL ONE PERCENT OF SALES AND COMPENSATING USE TAXES.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(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. A05339-A, CALENDAR

NO. 210, JONES. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

EXTENDING THE AUTHORIZATION GRANTED TO THE COUNTY OF FRANKLIN TO

NYS ASSEMBLY MAY 16, 2023

IMPOSE AN ADDITIONAL ONE PERCENT OF SALES AND COMPENSATING USE TAXES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

HOME RULE MESSAGE IS AT THE DESK. READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(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. A05340-A, CALENDAR

NO. 211, JONES. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

EXTENDING THE AUTHORIZATION GRANTED TO THE COUNTY OF CLINTON TO

IMPOSE AN ADDITIONAL ONE PERCENT OF SALES AND COMPENSATING USE TAXES.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

NYS ASSEMBLY MAY 16, 2023

MS. SOLAGES: MR. SPEAKER, WILL YOU PLEASE CALL

THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM?

ACTING SPEAKER AUBRY: CERTAINLY. WAYS AND

MEANS, SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06322, CALENDAR NO.

213, LUPARDO, FRIEND. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

EXTENDING THE AUTHORIZATION OF THE COUNTY OF BROOME TO IMPOSE AN

ADDITIONAL ONE PERCENT OF SALES AND COMPENSATING USE TAXES.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER ZACCARO: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06358-A, CALENDAR

NO. 214, WEPRIN, DE LOS SANTOS. AN ACT TO AMEND THE BANKING LAW

AND THE REAL PROPERTY LAW, IN RELATION TO CREDIT LINE MORTGAGES.

ACTING SPEAKER ZACCARO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A06547, CALENDAR NO.

NYS ASSEMBLY MAY 16, 2023

217, GUNTHER. AN ACT TO AMEND CHAPTER 373 OF THE LAWS OF 1998,

AMENDING THE PUBLIC AUTHORITIES LAW RELATING TO THE POWERS OF

NYSARC, INC., IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZACCARO: 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. A06592, CALENDAR NO.

218, BRAUNSTEIN. AN ACT TO AMEND THE LOCAL FINANCE LAW, IN RELATION

TO THE SALE OF BONDS AND NOTES OF THE CITY OF NEW YORK, THE ISSUANCE OF

BONDS OR NOTES WITH VARIABLE RATES OF INTEREST, INTEREST RATE EXCHANGE

AGREEMENTS OF THE CITY OF NEW YORK, THE SELLING OF BONDS AT PRIVATE

SALE, THE REFUNDING OF BONDS, AND THE DOWN PAYMENT FOR PROJECTS

FINANCED BY BONDS; TO AMEND THE NEW YORK STATE FINANCIAL

EMERGENCY ACT FOR THE CITY OF NEW YORK, IN RELATION TO A PLEDGE AND

AGREEMENT OF THE STATE; AND TO AMEND CHAPTER 142 OF THE LAWS OF

2004, AMENDING THE LOCAL FINANCE LAW RELATING TO INTEREST RATE

EXCHANGE AGREEMENTS OF THE CITY OF NEW YORK AND REFUNDING BONDS OF

SUCH CITY, IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER ZACCARO: READ THE LAST

NYS ASSEMBLY MAY 16, 2023

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. THIS BILL EXTENDS

-- EXTENDS THE AUTHORIZATION FOR THE CITY OF NEW YORK TO SELL ITS BONDS

THAT ARE PRIVATE SALE WITHOUT HAVING TO GO THROUGH COMPETITIVE BIDDING.

THIS IS AN EXTENSION OF A TEMPORARY BILL THAT WAS FIRST ENACTED 45 YEARS

AGO, PUTS A WHOLE NEW MEANING TO TEMPORARY, AND IT'S BEEN EXTENDED

EVER SINCE. THERE ARE THREE REASONS WHY I WILL BE VOTING NO ON THIS

BILL. FIRST, COMPETITIVE BIDDING HAS BEEN PROVEN OVER HISTORY TO GIVE

US THE BEST PRICE. THAT'S WHY IT'S REQUIRED BY LAW FOR ALL OTHER

MUNICIPALITIES WITH A COUPLE OF EXCEPTIONS. AND IN THIS CASE,

COMPETITIVE BIDDING IS USED BY EVERY OTHER MUNICIPALITY INCLUDING

SUFFOLK, NASSAU, WESTCHESTER, AND ALL THE OTHER COUNTIES ACROSS THE

STATE WITH JUST A COUPLE OF EXCEPTIONS TO GET THE BEST PRICE ON THE BOND.

SECOND, COMPETITIVE BIDDING ENSURES THAT EVERYONE HAS A FAIR AND

EQUAL OPPORTUNITY TO BID ON IT. THERE AREN'T WINNERS -- THERE AREN'T

WINNERS AND LOSERS, THERE'S NOT THOSE WHO ARE IN FAVOR WITH THE

ADMINISTRATION AND THOSE WHO ARE OPPOSED. OPEN COMPETITIVE BIDDING

GIVES EVERYONE AN EQUAL OPPORTUNITY. THIRD, COMPETITIVE BIDDING

AVOIDS THE RISK OF COLLUSION OR CORRUPTION.

NEW YORK CITY HAS 125 BILLION IN DEBT. THAT MEANS

NYS ASSEMBLY MAY 16, 2023

AN EXTRAORDINARY SMALL DIFFERENCE IN THE INTEREST RATE HAS HUGE FINANCIAL

RAMIFICATIONS. YOU KNOW, A TEN PERCENT DIFFERENCE IN THE INTEREST RATE,

ONE-TENTH OF ONE PERCENT, YOU CAN RUN THE NUMBERS 1.2 BILLION. SO

THERE'S ABSOLUTELY NO JUSTIFICATION TO CONTINUING THIS TEMPORARY

AUTHORIZATION. IT SHOULD EXPIRE, IT'S GOOD GOVERNMENT TO REQUIRE OPEN

COMPETITIVE BIDDING, IT'S GOOD GOVERNMENT TO GIVE EVERYONE A FAIR AND

EQUAL CHANCE, AND IT'S GOOD GOVERNMENT TO HAVE AN OPEN TRANSPARENT

PROCESS RATHER THAN AN ADMINISTRATION SELECTING WHO ARE THE WINNERS

AND WHO ARE THE LOSERS WHEN DEALING WITH 125 BILLION IN DEBT ISSUANCE.

FOR THAT REASON I'LL OPPOSE IT. THANK YOU, SIR.

ACTING SPEAKER ZACCARO: MR. GOODELL IN

THE NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES FOR THE PURPOSE OF AN INTRODUCTION.

MS. SOLAGES: ON BEHALF OF MS. BUTTENSCHON, I'D

LIKE TO WELCOME THREE DISTINGUISHED GUESTS FROM THE PROCTOR HIGH

SCHOOL IN ONEIDA COUNTY. WE HAVE SUMMER WOO A STUDENT, KIMANI

THOMAS ANOTHER STUDENT, AND WE HAVE THEIR TEACHER LYDIA MULLEN WHO

ARE HERE VISITING THE CHAMBER. SO IF YOU COULD EXTEND THE CORDIALITIES

OF THE HOUSE TO THESE FINE GUESTS WE'D MUCH APPRECIATE IT.

ACTING SPEAKER ZACCARO: CERTAINLY. ON

BEHALF OF THE SPEAKER AND MEMBER BUTTENSCHON AND THE MEMBERS HERE

IN THE STATE ASSEMBLY, WE WELCOME THESE DISTINGUISHED GUESTS TO THE

NYS ASSEMBLY MAY 16, 2023

CHAMBER. WE EXTEND THE PRIVILEGES OF THE FLOOR AND WE HOPE THAT YOU

ENJOY TODAY'S PROCEEDINGS. THANK YOU.

(APPLAUSE)

PAGE 9, CALENDAR NO. 38, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03683, CALENDER 38,

ZEBROWSKI, OTIS, COLTON, JACOBSON. AN ACT TO AMEND THE PUBLIC

SERVICE LAW, IN RELATION TO COMPLAINT PROCEDURES AND RETAINING BILLING

RECORDS FOR A CERTAIN PERIOD OF TIME.

ACTING SPEAKER ZACCARO: AN EXPLANATION

HAS BEEN REQUESTED, MR. ZEBROWSKI.

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

BILL WOULD REQUIRE THE PSC TO RESPOND TO RATE-RELATED COMPLAINTS

WITHIN 90 DAYS. IT ALSO REQUIRES UTILITY CORPORATIONS TO MAINTAIN

CUSTOMER BILLING RECORDS FOR EIGHT YEARS.

ACTING SPEAKER ZACCARO: MR. LEMONDES.

MR. LEMONDES: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER ZACCARO: THE SPONSOR

YIELD?

MR. ZEBROWSKI: YES, I'LL YIELD.

ACTING SPEAKER ZACCARO: THE SPONSOR

YIELDS.

MR. LEMONDES: THANK YOU, MR. ZEBROWSKI.

COULD YOU COMMENT ON THE ABILITY OF THIS BILL, IF ITS -- IF ITS CHANGES ARE

RECOMMENDED TO RAISE ADMINISTRATIVE COSTS; WOULD IT DO SO?

NYS ASSEMBLY MAY 16, 2023

MR. ZEBROWSKI: I DON'T THINK IT WOULD. ARE YOU

TALKING ABOUT FOR THE UTILITY CORPORATION OR PSC?

MR. LEMONDES: EITHER. WOULD IT RAISE

ADMINISTRATIVE BURDEN?

MR. ZEBROWSKI: WELL, SO FOR THE PSC, CURRENTLY

THEY HAVE TO RESPOND TO COMPLAINTS, BUT THERE ISN'T A TIME FRAME. AND

WE'VE RECEIVED COMPLAINTS FROM CONSTITUENTS SAYING THAT THEY'VE FILED

COMPLAINTS AND THEY DON'T GET A RESPONSE IN A TIMELY MANNER, OR DON'T

GET A WRITTEN RESPONSE. SO THIS WOULD CODIFY THAT AND IT SHOULD BE

DONE WITHIN 90 DAYS AND THAT IT BE WRITTEN. SO GIVEN THAT, THIS ISN'T A

BRAND-NEW PROCESS. IT'S JUST CODIFYING SOME SPECIFIC TIME FRAMES AND

THE PROCESS I DON'T THINK THAT IT -- IT WOULD RESULT IN, YOU KNOW, AN

INCREASE IN COSTS.

AS FOR THE UTILITY CORPORATIONS, THIS ALIGNS THE LAW

WITH WHAT IS CURRENT PRACTICE, WHILE ALSO RECOGNIZING THAT -- LET ME --

LET ME EXPLAIN IT THIS WAY. CURRENT PRACTICE IS FOR WHEN YOU HAVE A -- A

COMPLAINT FOR THE REVIEW PERIOD ON BILLS TO BE SIX YEARS, BUT CUSTOMERS

HAVE TWO YEARS TO FILE THAT COMPLAINT. SO IF THE CUSTOMERS WAIT ABOUT

TWO YEARS AND FILE THE COMPLAINT, AND THE UTILITY COMPANIES AREN'T

KEEPING EIGHT YEARS OF DATA, THEN THEY WON'T HAVE THE SIX YEARS TO LOOK

AT. SO THIS MAKES SURE THAT THE UTILITY COMPANIES HAVE THE DATA

NECESSARY IF A CUSTOMER AVAILS THEMSELVES OF THAT TWO-YEAR ABILITY TO

FILE A COMPLAINT SO THAT THEY CAN THEN GO BACK AND LOOK AT THE SIX YEARS

OF DATA. SO, ONCE AGAIN, I DON'T THINK THIS IS REALLY REINVENTING THE

WHEEL, IF YOU WILL. IT'S I THINK CLEANING UP THE STATUTE TO MAKE SURE THAT

NYS ASSEMBLY MAY 16, 2023

THE RIGHT DATA IS THERE FOR WHEN CUSTOMERS FILE THEIR COMPLAINTS.

MR. LEMONDES: THANK YOU. ONE QUESTION ON

THAT. IT SEEMS AS IF SIX YEARS IS -- IS PERFECTLY FINE. WHAT PRECISELY IS

INADEQUATE ABOUT THAT? I MEAN, WHAT'S THE NUMBER OF CASES WHERE

PEOPLE COME THAT FAR AFTER TO DISPUTE A BILL?

MR. ZEBROWSKI: SIX YEARS IS -- IS FINE IF SOMEONE

FILES THE COMPLAINT FOUR YEARS OR EARLIER. IF THEY FILE THE COMPLAINT

ALMOST IMMEDIATELY. BUT THEY HAVE ABOUT TWO YEARS TO FILE THE

COMPLAINT. SO IF THEY AVAIL THEMSELVES, SO SAY THEY FILE THEIR

COMPLAINT ONE YEAR AFTER THE COMPLAINED UPON PERIOD, AND THEY'RE ONLY

KEEPING SIX YEARS OF DATA, THEY WOULD ONLY HAVE FIVE YEARS BACK FROM

THAT COMPLAINT PERIOD, NOT THE SIX. IF THEY GO -- IF THEY WAIT TWO YEARS,

AND FILE THE COMPLAINT, AND THEY'RE ONLY KEEPING SIX YEARS OF DATA IN THE

COMPLAINT PERIOD, THEY'LL ONLY HAVE FOUR YEARS BACK OF THE PERIOD. SO

THIS SEEKS TO ALIGN THE DATA RECORDKEEPING PART OF THE STATUTE TO WHAT IS

ACCEPTED PRACTICE FOR REVIEWING A CUSTOMER'S BILLING DATA AT SIX YEARS IF

THEY WAIT THAT YEAR OR TWO AFTER OR BEFORE THEY REALIZE THERE WAS A

COMPLAINT, THERE WAS A PROBLEM AND FILE THAT COMPLAINT.

MR. LEMONDES: UNDERSTOOD. HOWEVER, DON'T YOU

THINK THAT THE ADDITIONAL RECORDKEEPING BURDEN WOULD BE TRANSFERRED

ONTO RATEPAYERS?

MR. ZEBROWSKI: I MEAN IN THIS DAY AND AGE OF

CLOUD COMPUTING AND DATA, I'M NOT SURE THAT THE EXTRA TWO YEARS IS

GOING TO COST A LOT OF ADDITIONAL MONEY. I MEAN I'M SURE THESE

COMPANIES HAVE PRETTY EXPANSIVE RECORDKEEPING AND CLOUD COMPUTING,

NYS ASSEMBLY MAY 16, 2023

OR A BACKUP SERVER COMPUTING CAPACITY THAT GETS YOU (INAUDIBLE) -- AND

SOME MIGHT BE DOING IT RIGHT NOW ANYWAY BECAUSE THEY ALREADY HAVE

TO GO BACK SIX YEARS AND -- AND THEY MAY HAVE ALREADY RUN INTO THIS

PROBLEM AND ARE KEEPING THE EIGHT YEARS. SO I DON'T REALLY SEE IT AS A

MAJOR COST (INAUDIBLE).

MR. LEMONDES: OKAY, THANK YOU. I APPRECIATE

YOUR RESPONSES.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ZACCARO: MR. LEMONDES ON

THE BILL.

MR. LEMONDES: THANK YOU. I THINK THE -- THE

BOTTOM LINE HERE IS I'LL BE VOTING IN THE NEGATIVE. THE -- THE

PRECAUTIONS ARE ALREADY IN PLACE; HOWEVER, ADDING ADDITIONAL

ADMINISTRATIVE BURDEN WILL EVENTUALLY NO MATTER WHAT TRANSFER TO

RATEPAYERS AND HIGHER RATES. SO AGAIN, FOR THOSE REASONS, I -- I WILL BE

VOTING IN THE NEGATIVE AND URGE ALL MY COLLEAGUES TO DO THE SAME.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZACCARO: MR. LEMONDES IN

THE NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER ZACCARO: WILL THE SPONSOR

YIELD?

MR. ZEBROWSKI: YES, I'LL YIELD.

NYS ASSEMBLY MAY 16, 2023

ACTING SPEAKER ZACCARO: THE SPONSOR

YIELDS.

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

MY COLLEAGUE NOTED, THERE'S A CURRENT SIX YEAR STATUTE OF LIMITATIONS FOR

RECORDKEEPING. THIS BILL MAKES IT EIGHT YEARS. THIS BILL IS EFFECTIVE

IMMEDIATELY UPON ADOPTION. DOES THAT MEAN THAT ALL THESE UTILITY

COMPANIES WILL IMMEDIATELY BE OUT OF COMPLIANCE?

(PAUSE)

MR. ZEBROWSKI: SO WE'RE STATUTORILY ESTABLISHING

THE EIGHT YEARS, BUT I DON'T BELIEVE IT'S STATUTORILY AT SIX YEARS RIGHT NOW,

I THINK IT'S COMMON PRACTICE TO BE SIX YEARS. SO THEY'RE GOING TO HAVE

TO COME INTO COMPLIANCE. IF THEY DON'T HAVE ANY OF THE DATA, THEY'RE

NOT GOING TO BE ABLE TO -- TO PRODUCE IT SO THEY'LL HAVE TO START GOING

FORWARD FOR EIGHT YEARS.

MR. GOODELL: SO IS THERE A PENALTY IF A UTILITY

DOESN'T MAINTAIN RECORDS CURRENTLY FOR EIGHT YEARS?

(PAUSE)

MR. ZEBROWSKI: SO THE BILL DOESN'T ESTABLISH ANY

ADDITIONAL PENALTIES. IT WOULD DEFAULT TO THE PUBLIC SERVICE

COMMISSION'S ENFORCEMENT AUTHORITY AND ANY BROAD PENALTIES THEY

CAN ASSESS, I WOULD ASSUME THE PUBLIC SERVICE COMMISSION WOULD

TAKE INTO ACCOUNT THAT THE -- IF THE BILL PASSES AND IS SIGNED INTO LAW

THIS YEAR SOMETIME THAT THAT'S WHEN IT WAS ESTABLISHED. SO I -- I

WOULDN'T SEE A PENALTY FOR NOT COMPLYING WITH A STATUTE THAT DIDN'T EXIST

BEFORE TODAY BUT WE DIDN'T SET UP THE PENALTY.

NYS ASSEMBLY MAY 16, 2023

MR. GOODELL: I SEE. AND AM I CORRECT THAT THE

CURRENT STATUTE OF LIMITATIONS FOR THIS TYPE OF ACTION WOULD BE A BREACH

OF CONTRACT PRESUMABLY IS SIX YEARS?

(PAUSE)

MR. ZEBROWSKI: UM, I'M NOT SURE. SINCE IT'S A --

SO YOU'RE ASSUMING THEY AVAIL THEMSELVES OF THE PUBLIC SERVICE

COMMISSION PROCESS AND THEN GO TO COURT?

MR. GOODELL: EITHER WAY.

MR. ZEBROWSKI: BECAUSE I'M NOT CHANGING A

STATUTE OF LIMITATIONS HERE. I'M REQUIRING A RECORDKEEPING PRACTICE OF

THE UTILITY SO --

MR. GOODELL: SO THEN MY QUESTION IS, WHAT IS THE

TIME REQUIREMENT FOR A CONSUMER TO FILE A COMPLAINT WITH THE PSC?

MR. ZEBROWSKI: SO REMEMBER, WE'RE NOT TALKING

ABOUT STATUTE OF LIMITATIONS SO I THINK THEY HAVE TWO YEARS AFTER. SO

THEN IT -- IT WOULD BE WITHIN THAT FIVE YEARS. THEY HAVE TWO YEARS AFTER

TO FILE THE COMPLAINT. WHAT THIS DOES IS EXTENDS -- WELL, IT DOESN'T

EXTEND. IT ESTABLISHES THE TIME PERIOD THAT THE UTILITY HAS TO KEEP THE

RECORDS TO EIGHT YEARS. AND AS I'VE TRIED TO EXPLAIN BEFORE, YOU NEED

THE EIGHT YEARS IN ORDER TO COMPLY WITH THE SIX-YEAR LOOKBACK

REQUIREMENT, BECAUSE IF THE CUSTOMER AVAILS THEMSELVES OF THE FULL --

THE FULL TWO-YEAR COMPLAINT TIME PERIOD THEY HAVE, THEN YOU'LL HAVE TO

LOOK BACK SIX YEARS FROM THE TIME. LET ME -- LET ME TAKE A PAUSE AND

TRY TO EXPLAIN THIS TO YOU BETTER.

MR. GOODELL: NO, NO. I -- I THINK YOU'VE DONE A

NYS ASSEMBLY MAY 16, 2023

GREAT JOB.

SO A CONSUMER CAN FILE A COMPLAINT, IF I -- IF I

UNDERSTAND YOU.

MR. ZEBROWSKI: YEAH.

MR. GOODELL: AND -- AND THAT COMPLAINT CAN

RELATE BACK EIGHT YEARS. THEY HAVE TWO YEARS TO FILE IT AFTER THEY NO

LONGER GET THE SERVICE AND THEY CAN GO BACK EIGHT YEARS TO RELOOK.

MR. ZEBROWSKI: THAT'S NOT HOW I UNDERSTAND IT.

MAYBE IT WOULD BE HELPFUL FOR THE DEBATE IF WE -- IF I GAVE YOU A

HYPOTHETICAL?

MR. GOODELL: SURE.

MR. ZEBROWSKI: SO WE'RE IN 2023 TODAY, RIGHT?

SO IF THERE WAS A GREAT RELATED COMPLAINT THAT'S HAPPENING RIGHT NOW,

THE CUSTOMER WOULD HAVE UNTIL 2025 TO FILE THAT COMPLAINT. AND THEN

IN ORDER TO LOOK BACK AND TO RESOLVE THAT COMPLAINT, TO LOOK BACK SIX

YEARS, IT WOULD NEED TO BE EIGHT YEARS IF THEY FILED THE COMPLAINT IN

2025 BECAUSE YOU'D NEED TO GO SIX YEARS BACK FROM TODAY. BUT IT'S NOT

EXTENDING IT EIGHT YEARS BY WHICH TO FILE THE COMPLAINT, YOU STILL HAVE

TO FILE THAT COMPLAINT WITHIN THE TWO YEARS OF PRACTICE. THIS IS JUST THE

RECORDKEEPING REQUIREMENT.

MR. GOODELL: AND THEN THIS BILL REQUIRES THE PSC

TO REVIEW THOSE EIGHT YEARS OF RECORDS AND RENDER A RECOMMENDATION OR

A DECISION WITHIN 90 DAYS?

MR. ZEBROWSKI: I THINK IT'S SIX YEARS IS THE

PRACTICE BY WHICH, YOU KNOW, TO REVIEW. SO IF THERE WAS A --

NYS ASSEMBLY MAY 16, 2023

(PAUSE)

-- IF THE UTILITY -- SO IF THE UTILITY HAS DONE WHAT'S KNOWN AS A DEMAND

CHARGE AND IT USES A RETROACTIVE SORT OF BILLING PROCESS, IN ORDER TO

DETERMINE WHETHER OR NOT THAT BILLING PRACTICE WAS CORRECT, IT WOULD BE

BASED UPON HISTORICAL -- HISTORICAL USAGE DATA. AND I BELIEVE THE

ACCEPTED PRACTICE IS TO LOOK AT SIX YEARS IN ORDER TO GET THAT HISTORICAL

AVERAGE USAGE DATA.

MR. GOODELL: I SEE. I THINK I -- I THINK I

UNDERSTAND IT. THANK YOU, MR. ZEBROWSKI.

ON THE BILL, SIR.

MR. ZEBROWSKI: THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I APPRECIATE MY COLLEAGUE'S DESIRE

TO GET TO A FAST RESOLUTION FROM THE PSC, BUT IT IS A LITTLE AMAZING, ISN'T

IT, THAT WE SAY A CONSUMER CAN WAIT TWO YEARS, FILE A COMPLAINT, EXPECT

A UTILITY COMPANY TO PRODUCE EIGHT YEARS OF RECORDS, EXPECT THE PSC TO

REVIEW PRESUMABLY ALL EIGHT YEARS OF RECORDS AND RENDER A DECISION IN

90 DAYS. YOU HAVE TO WONDER, WHERE'S THE CONSUMER BEEN FOR THE LAST

EIGHT YEARS? AND AS MY COLLEAGUE NOTED, THIS BILL IMPOSES A NEW

RECORDKEEPING REQUIREMENT OF EIGHT YEARS ON UTILITIES WHICH IS NOT IN

EXISTENCE NOW AND THERE'S NO PHASE-IN. SO ON DAY ONE, WHETHER A

UTILITY COMPANY IS IN COMPLIANCE OR NOT, IT'S PROBLEMATIC SINCE THIS BILL

IMPOSES THEY RETROACTIVE EIGHT-YEAR RECORDKEEPING.

SO I APPRECIATE MY COLLEAGUE'S DESIRE TO HAVE QUICK

DECISIONS FROM THE PSC. I THINK A BETTER WAY TO GET QUICK DECISIONS IS

NYS ASSEMBLY MAY 16, 2023

TO REQUIRE QUICK COMPLAINTS. A FAST COMPLAINT FROM THE CONSUMER, IF

THE CONSUMER MAKES A TIMELY COMPLAINT, IT'S REASONABLE TO EXPECT THE

PUBLIC SERVICE COMMISSION TO MAKE A TIMELY RESPONSE, BUT ALLOWING

THE CONSUMER TO MAKE A COMPLAINT AND GO BACK EIGHT YEARS AND EXPECT

A RESPONSE FROM THE PSC IN 90 DAYS IS UNREASONABLE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS BILL. THOSE WHO SUPPORT ARE

CERTAINLY ENCOURAGED TO VOTE YES HERE ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: THANK YOU, MR. SPEAKER. THE

MAJORITY CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU.

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.

NYS ASSEMBLY MAY 16, 2023

PAGE 11, CALENDAR NO. 79, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04009, CALENDAR NO.

79, GIBBS, EPSTEIN, LEVENBERG, KELLES, HYNDMAN, DE LOS SANTOS,

SIMONE, TAYLOR, FALL, ZACCARO, WEPRIN, BURDICK, BICHOTTE HERMELYN,

BORES, LEE, REYES, HEVESI, PRETLOW, CUNNINGHAM, JEAN-PIERRE, HUNTER,

LUCAS, TAPIA, CHANDLER-WATERMAN, ARDILA, COLTON, WALLACE, SIMON,

DICKENS. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO

PROVIDING NOTICE OF VOTING RIGHTS TO PERSONS RELEASED FROM LOCAL JAILS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED?

MR. GOODELL.

MR. GOODELL: NO, JUST ON THE BILL, SIR.

ACTING SPEAKER AUBRY: OH! ON THE BILL.

MR. GOODELL: THANK YOU, SIR. THIS BILL REQUIRES

THAT INCARCERATED INDIVIDUALS WHO ARE BEING RELEASED FROM LOCAL JAILS BE

PROVIDED INFORMATION REMINDING THEM THAT THEY ARE ELIGIBLE TO VOTE AND

IF THEY HAVEN'T ALREADY REGISTERED, GIVING THEM A COPY OF A VOTER

REGISTRATION FORM. I WANT TO REMIND MY COLLEAGUES THAT IF YOU HAVE

BEEN -- IF YOU'RE INCARCERATED IN A LOCAL JAIL, IT'S BECAUSE YOU'VE BEEN

ARRESTED FOR A MISDEMEANOR. AND NO ONE IN NEW YORK STATE LOSES

THEIR RIGHT UPON BEING ARRESTED FOR A MISDEMEANOR. YOUR RIGHTS TO VOTE

ARE ONLY SUSPENDED WHEN YOU ARE ARRESTED AND CONVICTED OF A FELONY.

SO THERE'S REALLY NO NEED FOR THIS. THE INDIVIDUALS WHO GO INTO A LOCAL

JAIL DON'T LOSE THEIR VOTING RIGHTS. WHEN THEY COME BACK OUT, THEY HAVE

THE EXACT SAME VOTING RIGHTS THAT THEY HAD WHEN THEY WENT IN. AND SO

NYS ASSEMBLY MAY 16, 2023

THERE'S NO REALLY NEED TO NOTIFY THEM OF ANY OF THIS.

I WOULD ALSO POINT OUT THAT WHAT IS UNIQUE ABOUT THIS

BILL IS IT ONLY EXPLAINS VOTING RIGHTS TO THOSE WHO HAVE BEEN ARRESTED

AND CONVICTED OF A MISDEMEANOR BUT DOESN'T PROVIDE FOR ANY VOTING

NOTIFICATION OR RIGHTS TO THOSE WHO BUY A NEW HOME AND RELOCATE, AND

THOSE LAW-ABIDING TAXPAYING RESIDENTS HAVE TO REREGISTER BECAUSE THEY

HAVE A NEW RESIDENCE AND IT DOESN'T REQUIRE A NOTIFICATION OF YOUR RIGHT

TO VOTE WHEN YOU FILE YOUR INCOME TAXES OR APPLY FOR A PERMIT OR

ENGAGE IN THE BUSINESS ACTIVITY, BUT ONLY FOR THOSE WHO ARE BEING

RELEASED HAVING BEEN CONVICTED OF A MISDEMEANOR. AND SO I DON'T

THINK IT'S NECESSARY, BUT I CERTAINLY APPRECIATE THE GENERAL PERSPECTIVE

OF ENCOURAGING VOTING BY EVERYBODY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GIBBS.

MR. GIBBS: THANK YOU, MR. SPEAKER. AND I AGREE

WITH MEMBER GOODELL, BUT UNDER THOSE CIRCUMSTANCES, PEOPLE

WOULDN'T BELIEVE THEY DIDN'T HAVE THE RIGHT TO VOTE. MANY PEOPLE,

INCLUDING STATE AND LOCAL OFFICIALS, ARE CONFUSED TO WHETHER A PERSON

HAS BEEN THROUGH THE CRIMINAL JUSTICE SYSTEM HAS LOST THE RIGHT TO VOTE,

AND IF SO WHEN HE OR SHE REGAINS VOTING RIGHTS. SIMPLY PUT, ANYONE

WHO IS NOT INCARCERATED FOR A FELONY CONVICTION OR ON PAROLE FOR A

FELONY CONVICTION RETAIN THE RIGHT TO VOTE. PEOPLE ARRESTED HAVE NOT

LOST THE RIGHT TO VOTE. PERSONS DETAINED IN JAILS PRE-TRIAL HAVE NOT LOST

THE RIGHT TO VOTE AND EVEN CAN VOTE BY ABSENTEE BALLOT WHILE THEY ARE IN

JAIL. PERSONS CONVICTED OF MISDEMEANORS NEVER LOSE THEIR RIGHT TO VOTE

NYS ASSEMBLY MAY 16, 2023

WHETHER THEY'RE IN JAIL, ON PROBATION OR HAVE COMPLETED THEIR

SUPERVISION. IN FACT, ANYONE ON PROBATION IS ELIGIBLE TO VOTE, EVEN

FELONS WHO HAVE COMPLETED THEIR PAROL SUPERVISIONS ARE ELIGIBLE TO

VOTE. IT'S ONLY PERSONS INCARCERATED FOR A FELONY OR ON PAROLE FOR THE

CONVICTION OF A FELONY WHO HAVE LOST THEIR RIGHT TO VOTE.

SO THIS BILL WOULD REQUIRE THE LOCAL CORRECTION

FACILITIES TO PROVIDE NOTICE OF VOTING RIGHTS TO PERSONS BEING RELEASED SO

THAT SUCH PERSONS WILL KNOW WHETHER AND WHEN THEY ARE ELIGIBLE TO

VOTE, HOW TO REGISTER TO VOTE AND HAVE INFORMATION ABOUT THE

MECHANICS AND THE IMPORTANCE OF VOTING. IN ADDITION, IN 2021, NEW

YORK PASSED LEGISLATION TO RESTORE THE RIGHTS TO VOTE TO THE PEOPLE WITH

FELONY CONVICTIONS AUTOMATICALLY UPON RELEASE FROM PRISON. THE STATE

LEGISLATURE RECOGNIZED THAT FACILITATING REENTRANCE IN THE VOTING

PROCESS SHOULD BE AN ESSENTIAL COMPONENT. AND I'LL SAY IT AGAIN

SLOWLY. IT SHOULD BE AN ESSENTIAL COMPONENT OF REHABILITATION AND

REINTEGRATION. SO WHEN YOU TELL AN INCARCERATED INDIVIDUAL WHETHER IT'S

A FEMALE OR MALE, ONCE THEY'RE RELEASED "HEY, YOU HAVE THE RIGHT TO

VOTE" YOU ESSENTIALLY GIVING THAT PERSON A SENSE OF BEING, A SENSE OF

BELONGING. YOU'RE HUMANIZING THAT PERSON AGAIN. YOU'RE GIVING THAT

PERSON A RIGHT TO PARTICIPATE POLITICALLY. SO I THANK THE FORMER SPONSOR

OF THE BILL, ROZIC FOR IT AND I THANK GOODELL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GIBBS.

MR. ANGELINO.

MR. ANGELINO: THANK YOU, MR. SPEAKER. I HAVE

NYS ASSEMBLY MAY 16, 2023

TWO WORDS: UNFUNDED MANDATE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MR.

ANGELINO.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: FOLLOWING THE LEAD OF MY

COLLEAGUE, I HAVE TWO WORDS: PARTY VOTE.

(LAUGHTER)

THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED, BUT

CERTAINLY THOSE WHO SUPPORT IT ARE ENCOURAGED TO VOTE YES ON THE FLOOR.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR..

MR. VANEL: THIS IS A PARTY VOTE. THE MAJORITY

WILL BE IN THE AFFIRMATIVE. IF YOU'D LIKE TO VOTE OPPOSITE OF THAT, YOU

MUST COME INTO THE HOUSE.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY MAY 16, 2023

I HAVE TWO WORDS: IT PASSED.

(LAUGHTER)

MR. GOODELL FOR THE PURPOSES OF A INTRODUCTION.

MR. GOODELL: THANK YOU, SIR. ON BEHALF OF OUR

COLLEAGUES ASSEMBLYMEMBERS REILLY, TANNOUSIS, FALL AND PIROZZOLO, I

WOULD LIKE TO INTRODUCE SOME WELL-RESPECTED AND VERY ACTIVE

INDIVIDUALS FROM STATEN ISLAND; CAROL BOLLOCH WHO IS THE EXECUTIVE

DIRECTOR OF THE STATEN ISLAND PRIDE CENTER; LISA SLOAN WHO IS THE

DEPUTY DIRECTOR AND JENNIFER SAMMARTINO WHO IS THE EXECUTIVE

DIRECTOR OF THE STATEN ISLAND COMMUNITY TELEVISION, AS WELL AS CARA

LIANDER. IF YOU WOULD EXTEND THE PRIVILEGES AND THE CORDIALITIES OF THE

HOUSE TO THESE DISTINGUISHED GUESTS I WOULD APPRECIATE IT ON BEHALF OF

OUR COLLEAGUES. THANK YOU, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF THE ENTIRE STATEN ISLAND DELEGATION, 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 JOINING US

HERE IN ALBANY ON THIS BEAUTIFUL DAY, AND WE HOPE THAT YOUR TRIP WILL

BE BOTH INFORMATIVE AND ENJOYABLE AND THAT YOU'LL TRAVEL HOME SAFE.

THANK YOU SO MUCH FOR BEING WITH US.

(APPLAUSE)

PAGE 14, CALENDAR NO. 144, THE CLERK WILL READ.

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.

NYS ASSEMBLY MAY 16, 2023

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. SHIMSKY.

MS. SHIMSKY: THANK YOU, MR. CHAIRMAN. THIS

BILL WOULD AMEND THE STATE NAVIGATION LAW TO CREATE PARITY WITH THE

UNITED STATES COAST GUARD FEDERAL REGULATIONS ENACTED ON APRIL 20TH,

2022, WITH REGARD TO RECREATIONAL VESSEL SAFETY EQUIPMENT. WE AGREED

TO DO THIS PURSUANT TO THE FEDERAL STATE RECREATIONAL BOATING SAFETY

COOPERATIVE AGREEMENT, ALSO OF THE YEAR 2020. TO WIT, THIS WOULD

REQUIRE EVERY ROWBOAT, CANOE, AND KAYAK TO BE EQUIPPED WITH AN

EFFICIENT WHISTLE. IT CHANGES THE REGULATIONS FOR VARIOUS TYPES OF FIRE

EXTINGUISHERS, REQUIRES THAT FIRE EXTINGUISHERS -- DISPOSABLE FIRE

EXTINGUISHERS WITHIN AFTER -- AFTER 12 YEARS OF USE BE DISCONTINUED AND

REPLACED, AND IT ALSO MAKES CERTAIN REQUIREMENTS FOR USING THE ENGINE

CUTOFF SWITCH ON BOATS SMALLER THAN 26 FEET.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. SHIMSKY, WILL

YOU YIELD?

MS. SHIMSKY: ABSOLUTELY.

ACTING SPEAKER AUBRY: MS. SHIMSKY YIELDS,

SIR.

MR. GOODELL: THANK YOU, MS. SHIMSKY. I HAVE A

COPY OF THE MEMORANDUM AGREEMENT. WHERE IN THIS MEMORANDUM OF

AGREEMENT DOES IT TALK ABOUT THE NEED FOR WHISTLES FOR KAYAKS,

NYS ASSEMBLY MAY 16, 2023

ROWBOATS AND CANOES?

MS. SHIMSKY: IN -- IN SECTION 4(F), WHICH IS AT THE

BOTTOM OF PAGE ONE, SPECIFIES THAT THE STATE SHALL, TO THE FULLEST EXTENT

PRACTICABLE AND EVER TO CONFORM ITS LAWS, RULES AND REGULATIONS TO

FEDERAL LAW.

MR. GOODELL: AND WHERE IN THE FEDERAL LAW IS

THERE ANY REQUIREMENT THAT ROWBOATS, CANOES AND KAYAKS HAVE A

WHISTLE?

MS. SHIMSKY: OKAY. TITLE 33, NAVIGATION AND

NAVIGABLE WATERS, CHAPTER I, DEPARTMENT OF HOMELAND SECURITY,

SUBCHAPTER E, INLAND NAVIGATION AND RULES, § 86.01 WHISTLES.

MR. GOODELL: AND WHAT'S IT STATE?

MS. SHIMSKY: WOULD YOU LIKE ME TO READ THE

WHOLE THING, SIR?

MR. GOODELL: NO, JUST THE SECTION DEALING WITH

WHISTLES AS IT RELATES TO KAYAKS, CANOES AND ROWBOATS.

MS. SHIMSKY: OKAY. IT PROVIDES -- JUST TO

SUMMARIZE -- IT PROVIDES WHISTLE REQUIREMENTS FOR VESSELS GREATER AND

LESSER THAN 20 METERS IN LENGTH. AND OBVIOUSLY A KAYAK IS A VESSEL,

WHICH IS EITHER GREATER OR LESSER THAN 20 METERS IN LENGTH.

MR. GOODELL: WELL, IN FACT EVERY SINGLE BOAT IN

THE WORLD IS EITHER GREATER OR LESSER THAN 20 METERS

(INAUDIBLE/CROSS-TALK) --

MS. SHIMSKY: THAT'S CORRECT WHICH IS -- THAT IS

CORRECT, WHICH IS WHY OUR LAW SPECIFIES WHAT IT DOES.

NYS ASSEMBLY MAY 16, 2023

MR. GOODELL: I SEE. AND WHAT DOES IT STATE ABOUT

-- DOES IT HAVE ANY LANGUAGE AT ALL SPECIFICALLY ABOUT WHISTLES ON

ROWBOATS, KAYAKS OR CANOES?

MS. SHIMSKY: THIS PARTICULAR SUBSECTION DOES NOT.

THERE MAY BE ANOTHER SECTION SOMEWHERE IN THE CFR DEALING WITH

HOW ONE DEFINES A VESSEL BUT I THINK EVERYONE CAN AGREE THAT A KAYAK IS

A VESSEL.

MR. GOODELL: I SEE. I WAS -- I WAS SURPRISED TO

SEE THAT WHEN I LOOKED AT THE DEPARTMENT OF PARKS, RECREATION AND

HISTORIC PRESERVATION MARINE DIVISION REGULATIONS, AND THEY ALSO

PUBLISHED A GUIDE, YOU KNOW, ON MOTOR SAFETY. THEY ARE VERY CLEAR

THAT THEY'RE RECOMMENDING EVERYBODY HAVE THE SAME TYPE OF FIRE

EXTINGUISHERS, WHICH I UNDERSTAND IS REALLY A NOMENCLATURE CHANGE

RATHER THAN A SUBSTANTIATIVE CHANGE, BUT THEY'RE ENTIRELY SILENT ABOUT THE

NEED FOR WHISTLES ON ROWBOATS, KAYAKS OR CANOES. IS THERE ANY

EXPLANATION FROM PARKS, RECREATION AND HISTORIC PRESERVATION ABOUT

WHY THEY MAKE ABSOLUTELY NO MENTION OF THAT?

MS. SHIMSKY: OBVIOUSLY IT IS UP TO PARKS TO POST

THAT INFORMATION, BUT PARKS LOOKED AT THE WISDOM OF MAKING OUR STATE

LAWS COMPORT WITH THE COAST GUARD REGULATIONS, AND THEY ENTERED AN

AGREEMENT WHICH REQUIRED THEM TO DO SO.

MR. GOODELL: WELL, OUR RESEARCH STAFF ACTUALLY

REACHED OUT TO THE OFFICE OF PARKS, RECREATION AND HISTORIC

PRESERVATION AND ASKED THEM OF THEIR OPINION OF THIS BILL. WAS THIS IS A

PROGRAM BILL AT THEIR REQUEST, BECAUSE WE DIDN'T GET ANY RESPONSE BACK

NYS ASSEMBLY MAY 16, 2023

FROM THEM.

MS. SHIMSKY: THIS WAS ORIGINALLY PUT INTO THE

BUDGET BY THE GOVERNOR'S OFFICE.

MR. GOODELL: I SEE. AND IT WAS TAKEN OUT OF THE

BUDGET?

MS. SHIMSKY: IT WAS TAKEN OUT OF BUDGET TO HANDLE

AS A NORMAL BILL.

MR. GOODELL: I SEE. AND OF COURSE YOU'RE --

YOU'RE FAMILIAR THAT IN ORDER TO OPERATE A CANOE, KAYAK OR ROWBOAT IT

TAKES BOTH HANDS, RIGHT?

MS. SHIMSKY: YES.

MR. GOODELL: UNLESS YOU'RE PLANNING ON GOING IN

CIRCLES. SO IF IT TAKES BOTH HANDS IN ORDER TO POWER A ROWBOAT, KAYAK

AND CANOE, HOW ARE YOU SUPPOSED TO USE A WHISTLE? YOU'RE NOT TALKING

ABOUT A FOOT OPERATOR.

MS. SHIMSKY: WELL, SOMETIMES IN AN IMPERFECT

SITUATION, MR. GOODELL, YOU HAVE TO -- YOU HAVE TO PICK YOUR MOMENT,

AND IF YOU ARE IN SERIOUS DISTRESS, IF YOUR KAYAK IS STARTING TO SINK FOR

EXAMPLE, YOU'RE FEELING CHEST PAINS, SOMETHING, YOU WILL GRAB YOUR LAST

BEST CHANCE AT CALLING ATTENTION TO YOURSELF WHICH WOULD BE THE

WHISTLE.

MR. GOODELL: I SEE. AND AS YOU KNOW UNLIKE A

CAR HORN, WHICH I FOUND IN NEW YORK CITY ACTUALLY MEANS SEVERAL

DIFFERENT THINGS DEPENDING ON HOW LONG IT'S BLOWN AT YOU, BUT UNLIKE A

CAR HORN, A MARINE WHISTLE HAS VERY CLEAR MEANING. IT'S A MEANS OF

NYS ASSEMBLY MAY 16, 2023

COMMUNICATION. SO USING YOUR EXAMPLE OF SOMEBODY IS FEELING A

CHEST PAIN AND WANTS TO DRAW ATTENTION, HOW MANY BLASTS OF THE WHISTLE

SHOULD THEY USE?

MS. SHIMSKY: I THINK THEY BETTER BLOW OUT

WHATEVER THEY CAN AND I SUSPECT THAT IN THE CONTEXT OF THIS SITUATION

PEOPLE WILL LOOK OVER AND BE ABLE TO ASSESS THE SITUATION. NOW THE

UNITED STATES COAST GUARD PROMULGATED THESE REGULATIONS THREE YEARS

AGO. THEY CERTAINLY ARE PROBABLY THE LEADING EXPERTS IN THE ENTIRE

COUNTRY ON NAVIGATION. THEY FEEL THAT THIS IS THE BEST SAFETY MEASURE IN

WHAT MAY ADMITTEDLY BE AN IMPERFECT SITUATION AND I AGREE WITH THEM.

MR. GOODELL: I SEE. AND NOW THIS BILL DOESN'T

REQUIRE ANY SAFETY CERTIFICATE OR TRAINING OF THOSE WHO OPERATE A

ROWBOAT, KAYAK OR CANOE, RIGHT? SO THERE'S NO REQUIREMENT THAT THEY

ACTUALLY KNOW WHAT THEY ARE CONVEYING TO THE OTHER OPERATORS WHEN

THEY'RE BLOWING THE WHISTLE; IS THAT CORRECT? THERE'S NO -- THERE'S NO

TRAINING REQUIREMENT IN THIS, RIGHT?

MS. SHIMSKY: THAT IS CORRECT.

MR. GOODELL: AND THERE'S NO LICENSING

REQUIREMENT YET IN NEW YORK STATE TO USE A CANOE, KAYAK OR ROWBOAT.

DOES THIS ALSO APPLY TO SHELLS?

MS. SHIMSKY: I BELIEVE IT'S -- LET'S SEE -- LET'S SEE

THE EXACT LANGUAGE.

(PAUSE)

EVERY VESSEL AND EVERY ROWBOAT, CANOE AND KAYAK. I

THINK IT WOULD -- I THINK IT WOULD INCLUDE SHELLS.

NYS ASSEMBLY MAY 16, 2023

MR. GOODELL: OKAY. I MEAN MOST PEOPLE WHO

CREW WOULD -- WOULD POINT OUT THERE'S A LOT OF DIFFERENCE BETWEEN A

SHELL AND A ROWBOAT BUT IT'S YOUR INTENT, AT LEAST, THAT IT APPLIES TO BOTH?

MS. SHIMSKY: WELL, IT DOES SAY EVERY VESSEL.

MR. GOODELL: NOW ARE THERE ANY EXCEPTIONS FOR

LIKE WHITEWATER CANOEING OR KAYAKING OR -- WELL, YOU WOULDN'T TAKE A

ROWBOAT IN WHITEWATER UNLESS YOU'RE INSANE, BUT IS THERE ANY EXCEPTION

FOR WHITEWATER KAYAKING OR CANOEING?

MS. SHIMSKY: THERE IS NOT.

MR. GOODELL: I SEE. IS THERE ANY REQUIREMENT THAT

A RAFT HAVE A WHISTLE?

MS. SHIMSKY: WELL, A RAFT IS A VESSEL. OF COURSE IF

YOU TIE TOGETHER LOGS TO MAKE A RAFT TO GET OFF OF A DESERT ISLAND I

ASSUME THAT YOU HAVE BIGGER PROBLEMS THAN THIS LAW.

MR. GOODELL: NO DOUBT. WHAT ABOUT

PADDLEBOARDS?

MS. SHIMSKY: I THINK A PADDLEBOAT WOULD BE A

VESSEL UNDER THIS LAW, YES.

MR. GOODELL: YOU WOULD CHARACTERIZE IT AS A

ROWBOAT? I MEAN IT'S NOT REALLY A CANOE OR A KAYAK, RIGHT?

MS. SHIMSKY: WELL, SECTION 2 SAYS EVERY VESSEL.

AND WE DO SPECIFY ROWBOAT, CANOE AND KAYAK BUT I SHOULD THINK A

VESSEL IS A VESSEL.

MR. GOODELL: OKAY. WELL, AGAIN, I APPRECIATE

YOUR THOUGHTS.

NYS ASSEMBLY MAY 16, 2023

ON THE BILL, SIR. AGAIN, THANK YOU FOR YOUR COMMENTS.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: NOW SOME OF THESE QUESTIONS ARE

JUST A LITTLE BIT LIGHTHEARTED, BECAUSE I CANNOT IMAGINE ANYONE IN A

KAYAK WHITEWATERING IN THE STATE OF NEW YORK DROPPING THEIR PADDLE

OR STOPPING THE PADDLE IN ORDER TO USE A WHISTLE, YOU JUST WOULDN'T DO

IT. AND IN FACT IF YOU'RE IN A KAYAK OR A CANOE OR A PADDLEBOARD, YOU

CANNOT USE A WHISTLE UNLESS YOU PUT DOWN YOUR PADDLE. PADDLING TAKES

TWO HANDS, ROWING TAKES TWO HANDS. NOW YOU MIGHT SAY WHY DO WE

CARE? WELL, THERE'S TWO REASONS I WOULD SUGGEST THAT THIS BILL IS

ILL-ADVISED. FIRST, NEW YORK RELIES ON LITERALLY MILLIONS AND MILLIONS OF

TOURISM DOLLARS. AND THESE ARE PEOPLE THAT COME FROM OTHER STATES

WHERE WE DON'T REGULATE WHAT YOU HAVE TO CARRY WHEN YOU'RE IN A

KAYAK. AND THE LAST THING WE WANT TO DO IN THIS MULTI-MILLION DOLLAR

BUSINESS IS TO START ARRESTING PEOPLE BECAUSE THEY'RE KAYAKING

SOMEWHERE IN THE STATE ON A LITTLE RIVER OR MAYBE THEY'RE

WHITEWATERING KAYAKING AND THEY DON'T HAVE A WHISTLE. I THINK WE ARE

BETTER OFF, AS A MATTER OF PUBLIC POLICY, WELCOMING RESIDENTS FROM

OTHER STATES AND ENCOURAGING THEM TO COME HERE RATHER THAN ARRESTING

THEM UPON ARRIVAL WITH THEIR KAYAK, CANOE OR ROWBOAT.

THE SECOND REASON I THINK IT'S ILL-INFORMED IS I DON'T

THINK THERE'S REALLY ANY NEED FOR IT. THE DEPARTMENT OF PARKS,

RECREATION AND HISTORIC VESSELS PUBLISHES AN ANNUAL REPORT ON BOATING

ACCIDENTS. SO IN 2021, YOU WANT TO KNOW HOW MANY ACCIDENTS THERE

NYS ASSEMBLY MAY 16, 2023

WERE INVOLVING CANOES? TWO PEOPLE. ONE FELL OVERBOARD AND THE

OTHER WAS EJECTED. NOW, I ASSUME THAT MEANS THE CANOE TIPPED OVER.

NEITHER OF WHICH WOULD HAVE BEEN HELPED WITH A WHISTLE. NOW

KAYAKING IS A LITTLE BIT MORE DIFFICULT, I DO KAYAKING WITH MY WIFE.

AND FIVE PEOPLE FELL -- TIPPED OVER AND ONE FELL OVERBOARD, I'M NOT

QUITE SURE HOW YOU FALL OVERBOARD ON A KAYAK BECAUSE YOU'RE NEXT TO

THE WATER ANYWAY BUT NONE OF THOSE SIX PEOPLE WOULD HAVE BEEN

BENEFITED BY A WHISTLE. NOW THE GOOD NEWS, BY THE WAY, IS WE'VE SEEN

A DRAMATIC REDUCTION IN THE LAST 20 YEARS IN THE NUMBER OF BOATING

ACCIDENTS OF ALL KIND -- ALL KINDS BUT I DON'T THINK WE HAVE TO REGULATE

THIS RELATIVELY SAFE RECREATIONAL ACTIVITY, WHICH LEADS ME TO THE NEXT

QUESTION. WHO IS GOING TO ENFORCE THIS? ARE WE GOING TO HAVE STATE

POLICE KAYAK INSPECTORS? ARE WE EXPECTING THE COAST GUARD, PULL

OVER, DO YOU HAVE A WHISTLE? AND LAST I WOULD REMIND YOU THAT WHEN

YOU BLOW A WHISTLE IT MEANS SOMETHING DIFFERENT THAN HELLO, I'M HERE.

I KNOW THAT'S -- IN NEW YORK CITY YOU GET A LITTLE TAP AND THE CAR NEXT

TO YOU TAPS THE HORN JUST FOR A MINUTE, RIGHT? BEEP. IT MEANS HELLO.

AND HERE I TOLD MY WIFE DON'T PANIC, THEY'RE JUST LETTING YOU KNOW THAT,

YOU KNOW, WE HAVE FOUR LANES OF TRAFFIC IN THESE THREE MARKED LANES,

THAT'S ALL. BUT, ON CANOEING -- OR ON MOTOR -- ON MARINES, YOU KNOW,

ONE SHORT BLAST MEANS YOU'RE PASSING PORT TO PORT - FOR THOSE WHO AREN'T

FAMILIAR WITH PORT AND STARBOARD - AND THAT MEANS YOU'RE GOING TO THE

RIGHT OF THE OTHER VEHICLE. AND TWO SHORT BLASTS MEANS YOU'RE GOING TO

THE LEFT AND THREE MEANS YOU'RE GOING IN REVERSE. HEY, WHAT DO YOU

THINK FOUR SHORT BLASTS MEANS WITH A HORN OR A WHISTLE ON THE WATER?

NYS ASSEMBLY MAY 16, 2023

HEY, TRICK QUESTION. IT DOESN'T MEAN ANYTHING. FIVE SHORT BLASTS MEANS

YOU'RE IN DISTRESS. AND SO, YOU KNOW, WE SET UP A SYSTEM WHERE WE

REGULATE WHERE WE DON'T NEED TO REGULATE, WE'RE INHOSPITABLE TO OUR

TOURISM WHICH IS A MULTI, MULTI-MILLION DOLLAR BUSINESS. WE REQUIRE

PEOPLE TO CARRY WHISTLES BUT DON'T TELL THEM WHAT IT MEANS WHEN THEY

BLOW THEM. MY FRIENDS, WE JUST DON'T NEED THIS LAW. AND FOR THAT

REASON I WON'T BE SUPPORTING IT. BUT AGAIN, THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER AUBRY: MISS BYRNES.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. SHIMSKY, WILL

YOU YIELD?

MS. SHIMSKY: YES.

ACTING SPEAKER AUBRY: MS. SHIMSKY YIELDS,

MA'AM.

MS. BYRNES: MY APOLOGIES FOR KEEPING MY BACK TO

YOU BUT I KNOW THAT WE'RE REQUIRED TO, BUT NO OFFENSE. WHAT IS --

WHAT'S THE PURPOSE IN A KAYAK IN HAVING A FIRE EXTINGUISHER?

MS. SHIMSKY: I DO NOT BELIEVE THAT KAYAKS ARE

COVERED UNDER THE CLASSES OF VEHICLES THAT REQUIRE A FIRE EXTINGUISHER. I

MEAN GRANTED A FIRE EXTINGUISHER WOULD -- WOULD BE A PROBLEM ON A

KAYAK, BUT THEY'RE NOT REQUIRED ON KAYAKS.

MS. BYRNES: ALL RIGHT. I -- I THOUGHT THAT IT WAS A

WHISTLE AND A FIRE EXTINGUISHER THAT WERE REQUIRED IN KAYAKS.

MS. SHIMSKY: IT'S MECHANICALLY-PROPELLED VESSELS

NYS ASSEMBLY MAY 16, 2023

THAT REQUIRE THE FIRE EXTINGUISHER PRESUMABLY BECAUSE THEY'RE AT AN

INCREASED RISK OF FIRES.

MS. BYRNES: ALL RIGHT. SO -- SO ANY FORM OF KAYAK

OR FOR THAT MATTER ROWBOATS ARE -- THERE'S NO REQUIREMENT OF A FIRE

EXTINGUISHER.

MS. SHIMSKY: THAT'S CORRECT.

MS. BYRNES: OKAY. THANK YOU.

MS. SHIMSKY: SURE.

ACTING SPEAKER AUBRY: THANK YOU.

MR. PIROZZOLO.

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

THE SPONSOR YIELD, PLEASE?

ACTING SPEAKER AUBRY: MS. SHIMSKY, WILL

YOU YIELD?

MS. SHIMSKY: YES.

MR. PIROZZOLO: SO I -- I FAIL TO GET, WHAT WAS THE

REASON FOR THIS LEGISLATION? WHAT ARE WE TRYING TO SOLVE?

MS. SHIMSKY: WE ARE TRYING TO ALIGN OUR BOATING

SAFETY REGULATIONS WITH THOSE OF THE UNITED STATES COAST GUARD THAT'S

IMPORTANT IN LIGHT OF OUR COOPERATIVE AGREEMENT WITH THE FEDERAL

GOVERNMENT ON PATROLLING WATERS WHERE WE HAVE CONCURRENT

JURISDICTION WHICH INCLUDES THE HUDSON RIVER, THE AREAS AROUND LONG

ISLAND AND NEW YORK CITY, PRESUMABLY LAKES ERIE AND ONTARIO, FOR

EXAMPLE -- OH, AND THE ST. LAWRENCE RIVER PROBABLY, TOO.

MR. PIROZZOLO: OKAY. SO NOWHERE IN THERE DID I

NYS ASSEMBLY MAY 16, 2023

HEAR YOU SAY TO HELP SAVE A PERSON'S LIFE. IT'S NOT LIKE WE'VE HAD A

TRAGEDY WHERE FOR THE LOSS OF A WHISTLE SOMEONE WOULD STILL BE ALIVE.

MS. SHIMSKY: WELL, NOT EVERY FEDERAL LAW

NECESSARILY SPECIFIES WHAT ITS LIFESAVING POTENTIAL ARE BUT THAT'S THE

POINT OF HAVING SAFETY EQUIPMENT ON -- ON A BOAT.

MR. PIROZZOLO: SO I MEAN I COULD WHISTLE RIGHT

NOW, I COULD USE MY FINGERS TO WHISTLE. SO WOULD THAT CONTRIBUTE TO

BEING A WHISTLE? I MEAN IS THERE SPECIAL REGULATION THAT A WHISTLE HAS

TO BE THERE, BECAUSE I'M SURE THAT SOME OF US WITH OUR OWN FINGERS

COULD WHISTLE JUST AS LOUDLY.

MS. SHIMSKY: WELL, UNFORTUNATELY SOME OF US ARE

NOT THAT TALENTED. THE -- THE REGULATION DOES REQUIRE A TECHNOLOGICAL

WHISTLE.

MR. PIROZZOLO: DO THESE WHISTLES WORK WHEN

WET?

MS. SHIMSKY: YES.

MR. PIROZZOLO: OKAY. SO IF A ROWBOAT IS

SUPPOSED TO HAVE A WHISTLE, IN MY DISTRICT THERE'S CLOVE LAKES PARK.

THERE IS A CONCESSION THAT RENTS ROWBOATS. WHO'S SUPPOSED TO SUPPLY

THE WHISTLE? THE PERSON RENTING THE BOAT OR THE CONCESSION WHO'S

GOING TO RENT THE BOAT TO THE CONSUMER?

MS. SHIMSKY: PRESUMABLY IT WOULD BE THE OWNER

OF THE BOAT.

MR. PIROZZOLO: WELL -- SO I DON'T LIKE THE BOAT ON

A PRESUMPTION, I'D LIKE TO KNOW THE ANSWER. DO WE HAVE AN ANSWER?

NYS ASSEMBLY MAY 16, 2023

BECAUSE, YOU KNOW, MAYBE I DON'T KNOW IS NOT AN ANSWER.

MS. SHIMSKY: YEAH. THERE ARE -- THERE ARE OTHER

SITUATIONS LIKE THIS, FOR EXAMPLE, LIFE VESTS. AND THOSE ARE NOT -- THAT'S

NOT AN ONUS THAT'S PUT ON THE PAID PASSENGER, THAT IS AN ONUS THAT'S PUT

ON THE OWNER OF THE BOAT. I HAVE NO REASON TO BELIEVE IT WOULD BE

OTHERWISE IN THIS CASE.

MR. PIROZZOLO: WELL, SO AGAIN, I MEAN I DON'T

WANT TO BELABOR THE ISSUE BUT THAT REALLY WASN'T AN ANSWER, THAT WAS

TALKING ABOUT LIFE VESTS. SO IF I WERE TO GO INTO CLOVE LAKES PARK AND

RENT A ROWBOAT OR ANY OF THE OTHER LAKES AND MAYBE RENT A DUCKY OR A

PADDLE BOAT OR WHATEVER IT IS, THE PERSON AT THE RENTAL COUNTER SHOULD

SAY HERE YOU GO, SIR, HERE'S YOUR WHISTLE.

MS. SHIMSKY: OR I KNOW ON KAYAKS, FOR EXAMPLE,

THERE ARE BUNGEE CORDS EVERYWHERE. YOU COULD JUST TIE ONE ON A

BUNGEE CORD AND THAT WAY PEOPLE HAVE IT.

MR. PIROZZOLO: OKAY, BUT AGAIN, THAT'S NOT WHAT I

ASKED. THE PERSON RENTING FROM THE ESTABLISHMENT WILL SAY HERE YOU

GO, SIR, HERE'S YOUR WHISTLE.

MS. SHIMSKY: I SUPPOSE THAT'S RIGHT.

MR. PIROZZOLO: OKAY. SO AGAIN --

MS. SHIMSKY: EITHER THEY WOULD GIVE IT OR IT

WOULD BE TIED TO THE BOAT ALREADY.

MR. PIROZZOLO: I DON'T KNOW, THAT'S WHAT I'M

ASKING. THAT'S WHAT I'M TRYING TO FIND OUT.

MS. SHIMSKY: WELL, WE -- WE DO ALLOW, YOU KNOW,

NYS ASSEMBLY MAY 16, 2023

A CERTAIN AMOUNT OF DISCRETION IN THESE THINGS WITH -- WITH OWNERS OF

PROPERTY. I THINK PEOPLE CAN DECIDE WHAT'S BEST.

MR. PIROZZOLO: SO COULD WE NOT USE THAT

DISCRETION TO LET PEOPLE DECIDE WHAT'S BEST AS TO WHETHER OR NOT THIS

ASSEMBLY SHOULD BE WRITING A LAW FOR A WHISTLE THAT WE DON'T KNOW --

SO IF I RENT THE BOAT THEY SAY HERE IS YOUR LIFE PRESERVER.

MS. SHIMSKY: WELL, NUMBER ONE, THIS IS

POTENTIALLY LIFESAVING, NUMBER TWO IT ALIGNS US WITH COAST GUARD

REGULATIONS WITH THE SENIOR PARTNER WITH WHOM WE HAVE JOINT

ENFORCEMENT RESPONSIBILITIES IN OUR MULTI-JURISDICTIONAL WATERWAYS.

MR. PIROZZOLO: BUT WE DON'T KNOW IF ANY LIVES

HAVE BEEN LOST FOR THE LACK OF A WHISTLE. AND SO (INAUDIBLE/CROSS-TALK)

MS. SHIMSKY: I CAN'T NAME YOU FIVE NAMES, NO.

MR. PIROZZOLO: OKAY. SO I MEAN MY CONCERN

WOULD REALLY BE FOR THE INDIVIDUALS. SO NOW, WHAT'S THE FINE TO BE

ASSESSED TO A BUSINESS, A MUNICIPALITY? IS THERE ANY EXEMPTION IF IT'S

THE MUNICIPALITY THAT RENTS OUT THE WHISTLE, WHAT IF IT'S A GOVERNMENT

BOAT LAUNCH WHERE YOU CAN RENT A DUCKY AND NOT GET A WHISTLE? IS

THERE A PENALTY?

MS. SHIMSKY: THERE IS A FINE NOT LESS THAN $25,

NOT MORE THAN $100. THE WHISTLE ITSELF COSTS -- IF YOU GO ON AMAZON, I

TRIED IT LAST MONTH, IT COSTS TEN.

MR. PIROZZOLO: OKAY. AND SO GETTING BACK

BEFORE I SAID, YOU KNOW, IF YOU USE YOUR FINGERS YOU CAN WHISTLE. IS

NYS ASSEMBLY MAY 16, 2023

THERE A DECIBEL RATING FOR THESE WHISTLES?

MS. SHIMSKY: THERE ARE DECIBEL RATINGS FOR THE

WHISTLES, YES.

MR. PIROZZOLO: SO IF AN INDIVIDUAL COULD PROVE

THAT THEY COULD USE THEIR FINGERS TO CREATE THAT SAME DECIBEL, WOULD

THEY BE EXCLUDED FROM THIS?

MS. SHIMSKY: THE ANSWER TO YOUR QUESTION IS NO,

THEY NEED THE WHISTLE.

MR. PIROZZOLO: SO THANK YOU VERY MUCH. I

APPRECIATE YOU GOING THROUGH ALL OF THAT.

IF I MAY ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PIROZZOLO: SO I THINK WITH THAT CONVERSATION

WE HAVE JUST LEARNED THAT THERE'S REALLY NO USEFULNESS TO THIS OTHER THAN

IT ALIGNS TO SOMEBODY ELSE'S POSSIBLE REGULATIONS. THERE'S NO LIFESAVING

BENEFIT THAT WE KNOW OF, NO LIVES HAVE BEEN LOST, BUT THIS IS JUST MORE

PAPER AND MORE SOMETHING TO PUT INTO THE -- TO THE SYSTEM OF WHY WE

NEED TO HAVE A WHISTLE. NOT ONE GOOD VALID REASON WAS GIVEN AS FAR AS

SAVING A PERSON'S LIFE. WE DON'T KNOW, THERE'S SUPPOSED ISSUES AS TO

WHETHER SOMEONE WILL SAY HERE SIR, HERE MA'AM, HERE'S YOUR WHISTLE

JUST LIKE THEY SAY HERE'S YOUR LIFE PRESERVER, I DON'T SEE ANY POSSIBLE

REASON FOR THIS BILL TO MAKE SENSE OTHER THAN JUST BECAUSE, ONCE AGAIN,

WE ARE DOING WHAT WE SO FAMOUSLY DO AND THAT'S CREATE RED TAPE. I AM

OPPOSED TO THIS AND I WOULD ASK EVERYBODY TO PLEASE BE OPPOSED TO

THIS, HOW COULD YOU BE FOR IT?

NYS ASSEMBLY MAY 16, 2023

ACTING SPEAKER AUBRY: THANK YOU.

MR. NOVAKHOV.

MR. NOVAKHOV: THANK YOU, MR. SPEAKER. JUST A

COUPLE OF QUESTIONS, WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. SHIMSKY, WILL

YOU YIELD?

MS. SHIMSKY: YES.

ACTING SPEAKER AUBRY: MS. SHIMSKY YIELDS.

MR. NOVAKHOV: THANK YOU VERY MUCH. FIRST OF

ALL THANK YOU VERY MUCH FOR TRYING TO MAKE THE BOATER'S LIFE SAFER, I'M A

BOATER MYSELF AND I UNDERSTAND HOW IMPORTANT IT IS. JUST A FEW

QUESTIONS. SO ARE INFLATABLE FLOATERS CONSIDERED TO BE VESSELS AND ARE

THEY REQUIRED TO HAVE THE WHISTLE?

MS. SHIMSKY: YOU MEAN DINGHIES?

MR. NOVAKHOV: INFLATABLE... THEY'RE --

MS. SHIMSKY: WELL, YOU'VE GOT DINGHIES, YOU'VE

GOT WATER WINGS. I ASSUME YOU MEAN DINGHIES; AM I CORRECT?

MR. NOVAKHOV: THERE'S -- THERE'S SOME LIKE

INFLATABLE -- I DON'T KNOW HOW TO CALL THEM. THERE'S MANY, MANY TYPES

OF INFLATABLES ON THE WATER. SO HOW DO YOU UNDERSTAND IF THEY NEED A

WHISTLE OR NOT?

MS. SHIMSKY: OKAY. IT'S OUR UNDERSTANDING THAT

THAT WOULD NOT BE INCLUDED.

MR. NOVAKHOV: SO INFLATABLES ARE EXCLUDED IN

THIS.

NYS ASSEMBLY MAY 16, 2023

MS. SHIMSKY: YES.

MR. NOVAKHOV: OKAY. EVEN IF IT'S AN INFLATABLE

ROW -- ROWBOAT.

MS. SHIMSKY: YOU MEAN LIKE A DINGHY?

MR. NOVAKHOV: YEAH, LIKE INFLATABLE BOAT, YEAH.

MS. SHIMSKY: OKAY. IT'S -- BECAUSE IT'S INFLATABLE

IT'S A DIFFERENT SITUATION SO IT --

MR. NOVAKHOV: SO --

MS. SHIMSKY: -- AS FAR AS WE COULD TELL IT WOULD NOT

APPLY.

MR. NOVAKHOV: SO ALL INFLATABLES, REGARDLESS OF

THEIR SIZE, ARE EXCLUDED.

MS. SHIMSKY: RIGHT. I MEAN OBVIOUSLY IF

SOMEONE COMES UP WITH A QUEEN MARY SIZE INFLATABLE ONE DAY WE MAY

HAVE TO REVISIT.

MR. NOVAKHOV: OKAY, THANK YOU. AND ONE

MORE QUESTION IS WHEN THE VESSEL IS RENTED --

MS. SHIMSKY: MM-HMM.

MR. NOVAKHOV: -- WHO WILL PAY THE FINE? THE

ACTUAL BOATER OR THE OWNER OF THE BOAT?

MS. SHIMSKY: I BELIEVE THAT FINES RUN WITH THE

OWNER OF THE BOAT BUT WE'RE GOING TO CHECK AND SEE.

MR. NOVAKHOV: OKAY, THANK YOU.

(PAUSE)

MS. SHIMSKY: OKAY. WE ARE NOT SURE.

NYS ASSEMBLY MAY 16, 2023

MR. NOVAKHOV: ALL RIGHT.

MS. SHIMSKY: BUT PRESUMABLY ANY ENFORCEMENT

AGENT, WHETHER IT WAS THE STATE POLICE OR THE COAST GUARD OR SO ON,

WOULD KNOW WHAT THE RULES ARE AND WOULD SIDE ACCORDINGLY BECAUSE

THIS ISN'T THE ONLY SAFETY REGULATION THERE IS.

MR. NOVAKHOV: OKAY. THANK YOU VERY MUCH. I

DON'T HAVE ANY OTHER QUESTIONS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

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

2024.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION BUT THOSE WHO

SUPPORT IT ARE CERTAINLY WELCOME AND ENCOURAGED TO VOTE YES HERE ON

THE FLOOR OF THE ASSEMBLY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU. MS.

SOLAGES.

MS. SOLAGES: THE MAJORITY CONFERENCE WILL BE

VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU. THE

CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY MAY 16, 2023

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. WHEN I WAS YOUNG

I HAD A WOODEN WHISTLE AND IT WOULDN'T WHISTLE. SO I GOT A STEEL

WHISTLE AND IT STILL WOULDN'T WHISTLE. AND FINALLY I GOT A TIN WHISTLE AND

NOW OF COURSE I CAN WHISTLE. APOLOGIES TO OUR STENOGRAPHERS. I -- I'VE

BEEN A LICENSED MARINE PILOT ENGINEER FOR ABOUT 30 YEARS AND ONE OF

THE AMAZING THINGS WHEN YOU GO THROUGH THAT PROCESS AND YOU BECOME

LICENSED IS YOU REALIZE HOW LITTLE ANYONE KNOWS ABOUT THE RULES OF THE

ROAD WHEN IT COMES TO THE WATERWAYS, AND IT CAN CREATE PROBLEMS. I

WAS ACTUALLY INVOLVED IN A LAWSUIT ONCE WHERE THERE WAS A COLLISION

AND ONE OF THE PEOPLE SAID WELL, I BLEW MY WHISTLE AND I SAID WELL,

WHAT DID YOU BLOW? AND HE SAID WELL UM, UM, UM, IT WAS THREE SHORT

BLASTS. I SAID OKAY. YOU REALIZE YOU INDICATED YOU WERE GOING IN

REVERSE, NO WONDER YOU HAD AN ACCIDENT. SO IT'S WELL-MEANING AND

JUST TO BE CLEAR FOR EVERYONE HERE, I RECOMMEND THAT IF YOU'RE OUT ON

THE GREAT LAKES OR IN THE HUDSON IN THE MIDDLE OF NEW YORK HARBOR

OR YOU'RE OUT WHERE THERE'S A LOT OF BOAT TRAFFIC, IT'S A GOOD IDEA TO HAVE

A WHISTLE. I JUST DON'T THINK IT'S A GOOD IDEA THAT WE MANDATE IT AND

MAKE IT SUBJECT TO A $25 TO $100 FINE AND IMPOSE THAT MUCH MORE ON

OUR TOURISM AND HOSPITALITY INDUSTRY. I -- I JUST DON'T THINK IT'S REALLY

NECESSARY, BUT CERTAINLY THERE'S A LOT OF THINGS THAT WE DON'T HAVE TO

LEGISLATE THAT WE CERTAINLY THINK ARE A GOOD IDEA. AND IF YOU'RE IN A

LARGE OPEN BODY, WHETHER OR NOT YOU KNOW WHAT THE HELL YOU'RE SAYING

WHEN USING THE WHISTLE, IT'S PROBABLY A GOOD IDEA TO HAVE IT. THANK

YOU, SIR. I'M VOTING NO BECAUSE I DON'T THINK WE NEED TO LEGISLATE ON

NYS ASSEMBLY MAY 16, 2023

THIS LEVEL. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. MORINELLO.

MR. MORINELLO: THANK YOU. I RACED SAILBOATS FOR

OVER 35 YEARS AND I KNOW OF NO SAILOR THAT DOES NOT HAVE A NAUTICAL

WHISTLE ATTACHED TO THEIR LIFE EQUIPMENT. I ALSO HAVE A COTTAGE ON LAKE

ONTARIO AND A WHISTLE AND A KAYAK OR A ROWBOAT OR A REGULAR BOAT CAN

BE LIFESAVING. NAUTICAL WHISTLES WILL CARRY THE SOUND MAYBE A MILE,

MAYBE TWO MILES. AND WHEN YOU'RE OUT THERE AND YOU'RE IN TROUBLE

YOU NEED TO GET SOMEBODY'S ATTENTION. I DON'T APPROVE OF THE FINE PART

OF IT, BUT I CAN TELL YOU THIS, WHISTLES ARE LIFESAVERS WHEN YOU'RE ON THE

WATER. THANK YOU, AND I VOTE YES.

ACTING SPEAKER AUBRY: MR. MORINELLO IN THE

AFFIRMATIVE.

MS. SHIMSKY TO EXPLAIN HER VOTE.

MS. SHIMSKY: THANK YOU, MR. CHAIRMAN. WE

ENFORCE OUR WATERS OF MULTI-JURISDICTION WITH THE FEDERAL GOVERNMENT

THROUGH THE UNITED STATES COAST GUARD. THEY HAVE ASKED, PURSUANT TO

OUR REGULATIONS, THAT WE UPDATE OUR BOATING SAFETY REGULATIONS. AS WE

KNOW, BOATING SAFETY EQUIPMENT CAN SAVE LIVES. THERE HASN'T BEEN

MUCH IN THE WAY OF DISCUSSION ABOUT THE FIRE EXTINGUISHERS AND THE USE

OF THE CUTOFF SWITCHES, BUT IN TERMS OF THE WHISTLES IF YOU HAVE A

PROBLEM, YOU ARE IN DISTRESS, EVEN IF YOU DON'T SPEAK THE LANGUAGE,

GETTING SOMEONE'S ATTENTION CAN VERY EASILY BE A LIFESAVER. THAT'S THE

NYS ASSEMBLY MAY 16, 2023

POINT OF THIS LEGISLATION. THAT'S WHY THE COAST GUARD HAS IT AS A MATTER

OF FEDERAL LAW. THAT'S WHY WE SHOULD HAVE IT AS A MATTER OF STATE LAW,

NOT TO MENTION THAT THE FEDERAL GOVERNMENT HELPS US PATROL THESE

WATERS AND THEY HELP FUND THE PATROL OF THESE WATERS. SO WHEN THEY

ASKED US TO THE FULLEST EXTENT POSSIBLE ENDEAVOR TO CONFORM OUR LAWS,

RULES AND REGULATIONS WITH THEIRS, I THINK WE SHOULD DO IT, ESPECIALLY

WHEN IT'S SOMETHING AS SELF-EVIDENTLY COMMONSENSICAL. SO I WILL BE

VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SHIMSKY IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 16, CALENDAR NO. 159, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02570, CALENDAR NO.

159, COLTON, L. ROSENTHAL, WALKER, COOK, SEAWRIGHT, DICKENS, TAYLOR,

GLICK, WILLIAMS, RIVERA, DARLING. AN ACT TO AMEND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO PROVIDING NOTIFICATION TO CUSTOMERS OF

BED BUG INFESTATIONS ON MTA SUBWAYS, TRAINS AND BUSES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. COLTON.

MR. COLTON: YES, SURELY, THANK YOU, MR. SPEAKER.

THIS BILL REQUIRES THE MTA TO PROVIDE NOTICE OF BEDBUG INFESTATION ON

MTA SUBWAYS, TRAINS OR BUSES AS A MEASURE OF PUBLIC SAFETY AND

PUBLIC HEALTH WITHIN 24 HOURS AFTER THE INFESTATION HAS BEEN DISCOVERED.

NYS ASSEMBLY MAY 16, 2023

SUCH NOTIFICATION MAY INCLUDE NOTIFICATION THROUGH THE MTA'S WEB

PAGE OR BY E-MAIL OR TEXT MESSAGE, WHICH THE MTA IS REGULARLY

MAINTAINING.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I -- I WOULD ASK

THE SPONSOR TO YIELD FOR SOME QUESTIONS.

ACTING SPEAKER AUBRY: MR. COLTON, WILL YOU

YIELD?

MR. COLTON: MR. GOODELL, SURELY I WILL YIELD.

ACTING SPEAKER AUBRY: MR. COLTON YIELDS.

MR. GOODELL: THANK YOU MR. COLTON. WE DON'T

HAVE THE MTA IN UPSTATE, YOU KNOW, IT'S A NEW YORK CITY

PHENOMENON. ARE THERE ANY BEDS ON THE MTA?

MR. COLTON: I HAVE NOT HEARD OF ANY DEATHS FROM

BEDBUGS --

MR. GOODELL: NO --

MR. COLTON: -- HOWEVER, BEDBUGS CAUSE A

TREMENDOUS FINANCIAL EXPENSE TO ANYONE WHO IS UNFORTUNATE ENOUGH TO

HAVE THE INFESTATION IN THEIR HOME. AND THEY CAN BE CARRIED ON

CLOTHING OF RIDERS OR ON EVEN THE SHOES OF RIDERS AND YOU WOULDN'T

BELIEVE HOW MANY CONSTITUENTS IN MY DISTRICT HAVE COMPLAINED TO ME

WHEN THEY HEAR OF BEDBUGS IN THE SUBWAYS OR BUSES.

MR. GOODELL: I SEE. SO EVEN THOUGH THERE'S NO

BEDS IN THE SUBWAY, THE SUBWAYS ARE EXPOSED TO BEDBUGS; IS THAT

CORRECT?

NYS ASSEMBLY MAY 16, 2023

MR. COLTON: THE SUBWAYS ARE -- HAVE HAD

NUMEROUS INCIDENTS OF BEDBUG INFESTATION AND THAT BEDBUG CAN BE

CARRIED ON SOMEONE'S CLOTHING WHEN THEY SIT DOWN. THE -- THE BEDBUGS

MAY CRAWL OFF OR JUMP OFF, AND AS A RESULT WHEN ANOTHER RIDER COMES

AND SITS IN THAT SEAT AND THEY MAY ALSO, YOU KNOW, CARRY THAT BEDBUG TO

THEIR HOME AND IT COSTS THOUSANDS OF DOLLARS TO UNDUE A BEDBUG

INFESTATION.

MR. GOODELL: CERTAINLY. NOW ACCORDING TO THE

DEPARTMENT OF HEALTH, ROUGHLY FIVE PERCENT OF THE APARTMENTS IN NEW

YORK CITY SUFFER FROM BEDBUG INFESTATIONS, WHICH MEANS THERE'S ABOUT

827,000 APARTMENTS AFFECTED. AND APPLYING THAT NUMBER TO THE 5.2

MILLION PEOPLE THAT RIDE ON THE SUBWAY, THAT MEANS THERE'S ROUGHLY

125,000 RIDERS ON THE MTA EVERY SINGLE DAY THAT COME FROM BEDBUG-

INFESTED APARTMENTS. WOULDN'T IT JUST BE EASIER TO PUT A SIGN AT EVERY

SUBWAY ENTRANCE SAYING WARNING - 125,000 OF YOUR PASSENGERS --

FELLOW PASSENGERS COME FROM BEDBUG-INFESTED APARTMENTS.

MR. COLTON: I THINK THAT WHEN YOU PUT A SIGN IN

EVERY STATION, IN EFFECT IT HAS THE SAME EFFECTIVENESS AS IF YOU PUT A SIGN

IN NO STATIONS. THE PROBLEM HERE IS THAT MOST PEOPLE, EVEN IN BED BUG-

INFESTED HOMES, DO NOT CARRY THE BEDBUGS AROUND WITH THEM. BUT IT IS

CONSIDERABLY POSSIBLE THAT THEY COULD DO SO AND WHEN IT HAPPENS IT

CREATES A LOT OF UPSET AND CONFUSION. AND AS A MATTER OF TRANSPARENCY

WHEN BEDBUGS ARE DISCOVERED ON A PARTICULAR BUS OR TRAIN, IT REALLY IS A

MATTER OF GIVING ALERT, A NOTICE TO PEOPLE, SO THEY MAY DECIDE IF THEY

DON'T WANT TO TAKE THE CHANCE THEY COULD CHOOSE ANOTHER LINE OR

NYS ASSEMBLY MAY 16, 2023

ANOTHER WAY OF TRANSPORTATION FOR THAT PARTICULAR DAY. BEDBUGS HAVE

BEEN KNOWN - AND THESE ARE INCIDENCES THAT HAVE HAPPENED - WHERE A

CONDUCTOR CLAIMS HE WAS BITTEN BY A BEDBUG AND IT CAUSED A FOUR HOUR

DELAY IN THE LINE BECAUSE PEOPLE WERE PANICKED. THERE'S BEEN

INSTANCES WHERE BEDBUG INFESTATION HAS BEEN FOUND ON A PARTICULAR

TRAIN IN THE QUEENS, WHICH AGAIN TOTALLY DISRUPTED SERVICE. SO GIVING

THE RIDERS A NOTICE, WHICH CAN BE DONE VERY EFFICIENTLY AND VERY -- WITH

NO BURDENSOME COST TO THE MTA, JUST LIKE IF A TRAIN BREAKS DOWN, THEY

HAVE A SYSTEM SET UP WHERE THEY CAN PROVIDE A NOTICE ON THEIR WEBSITE

OR ON VARIOUS E-MAIL OR TEXT ALERTS THAT PEOPLE HAVE ASKED TO RECEIVE

AND THEY CAN EASILY PROVIDE THAT NOTICE AND PEOPLE COULD DECIDE

WHETHER OR NOT THEY WANT TO USE THAT PARTICULAR LINE THAT DAY. SO I

THINK IT'S A MATTER OF, YOU KNOW, TRANSPARENCY TO RIDERS, WHICH IN MANY

WAYS WILL -- WHICH IF IT'S DONE, WILL ENCOURAGE PEOPLE NOT TO PANIC IF

THEY SEE A BEDBUG OR AT LEAST TO BE MORE CAUTIOUS WHEN THEY SIT DOWN.

MR. GOODELL: I -- I APPRECIATE THAT CONCERN.

ACCORDING TO THE CDC, APPROXIMATELY TWO TO 300,000 CHILDREN IN NEW

YORK CITY SUFFER FROM HEAD LICE. AND APPLYING THAT TO THE NEW YORK

CITY SUBWAY, THAT MEANS ROUGHLY 45,000 PEOPLE EVERY SINGLE DAY ARE

ON THE NEW YORK CITY SUBWAYS WITH HEAD LICE. SHOULD WE ALSO SEND

OUT A PUBLIC SERVICE ANNOUNCEMENT WARNING PASSENGERS ABOUT HEAD LICE

OR COMMUNICABLE DISEASES OR OTHER HEALTH RISKS FOR RIDING ON THE

SUBWAY?

MR. COLTON: I'M NOT AN EXPERT IN HEAD LICE.

HOWEVER, I DO NOT BELIEVE THE PROBLEM IS THE SAME AS IT IS WITH

NYS ASSEMBLY MAY 16, 2023

BEDBUGS. IN A -- IN A CITY WITH MILLIONS OF PEOPLE IF -- AND BEDBUGS

GENERALLY DO NOT GET CARRIED AROUND ON PEOPLE, HEAD LICE BASICALLY

DOESN'T JUMP OFF A PERSON AND JUMP ONTO ANOTHER. BEDBUGS MIGHT, BUT

IN A CITY OF MILLIONS OF PEOPLE, BEDBUGS ON -- INFESTING ON A -- IN AN

OFFICE OR IN A SCHOOL OR IN A TRAIN -- TRANSIT TRAIN, ARE A REAL FEAR THAT

MAKE PEOPLE PANIC. AND I THINK IT'S NOT ANY GREAT EFFORT THAT HAS TO BE

MADE IN PROVIDING THE NOTICE BECAUSE THE MTA ALREADY HAS A SYSTEM

IN PLACE WHICH PROVIDES A NOTICE WHEN A TRAIN BREAKS DOWN OR WHEN

THERE'S A DELAY. SO THIS IS JUST A SLIGHT EXTENSION OF UPDATING THAT NOTICE

AND -- AND GIVING CONSUMERS, YOU KNOW, SOME ALERT AS TO THAT THERE

MAY BE A PROBLEM ON THIS LINE AT THIS TIME.

MR. GOODELL: SURE. SO ASSUMING HYPOTHETICALLY

-- HYPOTHETICALLY, OF COURSE, THAT THE MTA BECOMES AWARE THAT ONE OF

THEIR LINES HAS BEEN INFESTED BY BUG BEDS FROM ONE OF THE 125,000

PEOPLE WHO CAME RIDING IT DAILY FROM BEDBUG-INFESTED APARTMENTS, AND

THEY THEN SEND OUT THIS ALERT, WARNING - WE FOUND A BEDBUG ON THE

A-LINE. WHAT DO YOU ENVISION THAT THE PASSENGERS THAT WOULD NORMALLY

RELY ON THAT A-LINE, AS AN EXAMPLE, TO GET TO AND FROM WORK WILL DO? I

MEAN IT'S NOT LIKE THEY'RE GOING TO WALK TO WORK, RIGHT?

MR. COLTON: THERE ARE ALTERNATIVES. AND ONE OF

THEIR ALTERNATIVES IS TO MAKE SURE THEY LOOK BEFORE THEY SIT.

MR. GOODELL: AGREED.

MR. COLTON: IF YOU SEE A BEDBUG, YOU'RE NOT GOING

TO JUST SIT ON IT BECAUSE IT MAY VERY WELL JUMP ON YOU AND GET IN YOUR

CLOTHING AND COST YOU THOUSANDS OF DOLLARS IN DAMAGE IF IT THEN GETS

NYS ASSEMBLY MAY 16, 2023

CARRIED TO YOUR HOUSE OR WHEREVER YOU HAPPEN TO BE GOING.

MR. GOODELL: YOU ENVISION A PUBLIC CAMPAIGN

ON THE MTA KIND OF LIKE THE HOMELAND SECURITY DOES, YOU KNOW, IF

YOU SEE IT, REPORT IT.

MR. COLTON: I THINK THAT IT'S CERTAINLY -- YOU

KNOW, THE DEGREE OF, YOU KNOW, URGENCY IS NOT THE SAME AS IF YOU

WOULD SEE CERTAIN OTHER THINGS ON THE SUBWAY. BUT I THINK THAT THIS IS A

CASE OF MAKING THE REPORT WITH THE LITTLE EFFORT THAT IS NEEDED TO MAKE,

IT IS CERTAINLY WORTHY OF REQUIRING THAT THAT REPORT BE MADE. IT HAS

CAUSED PANIC SOMETIMES WHEN THERE'S NO REPORT AND ALL OF A SUDDEN

PEOPLE SEE BEDBUGS OR A CONDUCTOR IN ONE CASE WAS BITTEN BY A BEDBUG,

BECAUSE THEY DO BITE AND IT SET OFF HOURS OF DELAY DURING A RUSH HOUR

BECAUSE THERE WAS NO PRIOR REPORT ALERTING PEOPLE TO THE POSSIBILITY.

MR. GOODELL: NOW WOULD YOU ENVISION THAT THIS

REPORT WOULD SAY, YOU KNOW, A BEDBUG WAS REPORTED ON THE L-LINE LAST

NIGHT BUT WE CLEANED IT UP SO YOU'RE OKAY TO RIDE TODAY?

MR. COLTON: I DON'T THINK THEY NEED TO DO TO SAY

THAT THEY CLEANED IT UP. I THINK THAT IT'S CLEAR THAT THEY OBVIOUSLY WILL

CLEAN IT UP. ALTHOUGH, I WILL SAY ONE STATE ACTUALLY - NOT NEW YORK -

ONE STATE ACTUALLY REQUIRED THEM TO REMOVE IT, TO CLEAN IT UP IF ANY

INFESTATION WAS FOUND. I DON'T THINK THAT'S NECESSARY,

MR. GOODELL: WELL, WHAT COULD BE A BETTER

(INAUDIBLE/CROSS-TALK) --

MR. COLTON: -- BUT I THINK WHEN WE SAY -- THE

RIDERS AND THEIR PIECE OF MIND, THEY KNOW THAT THERE'S A SYSTEM IN

NYS ASSEMBLY MAY 16, 2023

PLACE. AND BY THE WAY, I DON'T KNOW THAT SEEING ONE BEDBUG IS GOING

TO, YOU KNOW, SET OFF, YOU KNOW, AN INFESTATION. THE WORDING IS USED

IF THERE'S AN INFESTATION, WHICH PROBABLY WOULD BE MORE THAN JUST ONE

ISOLATED BEDBUG, BUT THAT I DON'T THINK WE HAVE TO LEGISLATE ON. I THINK

WE HAVE TO USE COMMON SENSE ON THAT.

MR. GOODELL: I WOULD AGREE, ABSOLUTELY. THANK

YOU, MR. COLTON. I APPRECIATE YOUR INSIGHTS AND COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I CERTAINLY APPRECIATE MY

COLLEAGUE'S CONCERN ABOUT THE HEALTH AND SAFETY OF OTHER PASSENGERS ON

THE MTA. AND I'M SURE THAT'S A CONCERN THAT EXTENDS FOR ALL OF US, NOT

JUST THOSE ON THE MTA BUT THE OTHER EIGHT MILLION RESIDENTS IN THE CITY

OF NEW YORK, OR MAYBE THERE'S MORE. I'VE LOST COUNT. BUT, WHEN

YOU'RE TRANSPORTING 5.2 MILLION PEOPLE DAILY, THE STATISTICS ARE THAT

SOMEWHERE BETWEEN AN EIGHTH OF A MILLION AND A QUARTER OF A MILLION

OF THOSE RIDERS ARE COMING FROM A HOUSEHOLD THAT HAS BUG BITES. EVERY

SINGLE DAY THERE'S 125,000 TO 200,000 PEOPLE WHO ARE RIDING THE MTA

WHO COME FROM BEDBUG-INFESTED APARTMENTS. AND THERE'S ABOUT 40- TO

45,000 WHO LIKELY HAVE HEAD LICE. AND THERE'S TENS OF THOUSANDS OF

SUBWAY RIDERS DAILY ON THE MTA THAT HAVE VARIOUS OTHER SERIOUS

COMMUNICABLE DISEASES, AND THAT DOESN'T COUNT ALL THE PEOPLE WHO GET

SICK ON THE MTA. RIDING THE MTA IS DANGEROUS TO YOUR HEALTH. BUT I

DON'T THINK PUTTING A WARNING SIGN OR HAVING IT ON THE SCROLL OR HAVING

THE CONDUCTOR MAKE THOSE ANNOUNCEMENTS REALLY HELPS US, BECAUSE

NYS ASSEMBLY MAY 16, 2023

MOST OF THE 5.2 MILLION PEOPLE WHO ARE RIDING ON THE SUBWAY AREN'T

GOING TO BE ABLE TO SAY YOU KNOW WHAT, YESTERDAY THERE WERE 125,000

PEOPLE ON THE SUBWAY SYSTEM WITH BEDBUGS, I'M GOING TO WALK TO WORK

TODAY. OR THERE ARE 45,000 PEOPLE WITH HEAD LICE, I'M GOING TO WALK TO

WORK TODAY. I MEAN IT'S JUST ONE OF THOSE THINGS WE HAVE TO TAKE INTO

ACCOUNT. SO I APPRECIATE MY COLLEAGUE'S CONCERN FOR THE HEALTH AND

WELFARE OF EVERYONE, IT'S A CONCERN I SHARE. I JUST DON'T THINK PUTTING

WARNINGS ON ALL THE MTA TRAINS AND BUSES WARNING PEOPLE OF HOW

MANY TENS OF THOUSANDS OF PEOPLE WHO ARE INFECTED OF CONTAGIOUS

DISEASES OR OTHER PROBLEMS ARE RIDING DAILY. I THINK THAT WOULD HURT

RIDERSHIP WITHOUT A NOTICEABLE AND APPRECIABLE BENEFIT TO PUBLIC HEALTH

OR TO THE SUSTAINABILITY OF THE MTA. THANK YOU, SIR. AND AGAIN, THANK

YOU TO MY COLLEAGUE.

ACTING SPEAKER AUBRY: MR. PIROZZOLO.

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

THE SPONSOR YIELD, PLEASE?

MR. COLTON: YES, I WILL YIELD.

ACTING SPEAKER AUBRY: MR. COLTON YIELDS.

MR. PIROZZOLO: SO BEING A PERSON WHO IS USING

MTA SERVICES, THANK YOU, YOU KNOW, I CERTAINLY APPRECIATE IT. THE

QUESTIONS I ASK ARE REALLY SO THAT I COULD SPEAK TO MY CONSTITUENCY A

LITTLE BIT MORE INTELLIGENTLY. IT SAYS INFESTATION. DO WE HAVE A

DETERMINATION AS WHAT INFESTATION IS?

MR. COLTON: I THINK THAT THE COMMONSENSE

INTERPRETATION IS WHAT WOULD APPLY HERE. WHEN YOU SEE A NUMBER OF

NYS ASSEMBLY MAY 16, 2023

THEM IN EITHER IN A STATION OR A SUBWAY CAR OR A TRAIN, THEN IT'S AN

INFESTATION. IF IT'S JUST ONE ALONE, I DON'T THINK YOU MAY NOT EVEN, YOU

KNOW, NOTICE IT, BUT IF SOMEBODY NOTICES IT AND THE -- FIRST OF ALL, THE

TRAIN PROBABLY HAS TO BE TAKEN OUT OF SERVICE AND SECONDLY, PEOPLE

SHOULD BE GIVEN A NOTICE OF IT. THERE'S NOT HUGE AMOUNTS OF NOTICE

BEING GIVEN OUT.

MR. PIROZZOLO: NO, AGAIN, I'M NOT OPPOSING. I

JUST, YOU KNOW, WANT TO TALK ABOUT IT. SO WHAT THE INFESTATION IS WOULD

BE A GOOD QUESTION, WHO DETERMINES IF IT'S AN INFESTATION. AND THEN

LIKE YOU JUST SAID, IF THE SUBWAY IS BEING PULLED OUT OF SERVICE WHEN

THAT DETERMINATION IS MADE, YOU KNOW, I WOULD WANT THE NOTIFICATION TO

BE SOONER THAN 24 HOURS, BUT IF THAT BUS OR THAT VEHICLE IS TAKEN OUT OF

SERVICE, THEN ANY NOTICE IS PRETTY MUCH GOING TO BE TOO LATE BECAUSE IT'S

ALREADY BEING TAKEN CARE OF.

MR. COLTON: WELL, THE ISSUE IS THAT WHERE -- IF

THERE'S AN INFESTATION - AND THAT MEANS MORE THAN JUST ONE, YOU'D HAVE

MULTIPLE BEDBUGS - THE -- BASICALLY THE MTA WOULD MAKE A JUDGMENT

AS TO, YOU KNOW, WHETHER THERE WAS AN INFESTATION.

MR. PIROZZOLO: RIGHT. THEN THAT CAR GETS PULLED

OUT OF SERVICE IMMEDIATELY.

MR. COLTON: AND I -- I WOULD THINK THAT'S WHAT

THEY WOULD DO. I MEAN AS I SAID, IN ANOTHER STATE THEY ACTUALLY REQUIRED

THE RAILROAD AUTHORITY TO PULL THOSE CARS OUT OF SERVICE AND TREAT THEM

IMMEDIATELY. I DON'T THINK THAT'S NECESSARY HERE.

MR. PIROZZOLO: DO WE REQUIRE IT?

NYS ASSEMBLY MAY 16, 2023

MR. COLTON: WE DON'T REQUIRE IT BUT THE MTA

DOES IT FOR BUSINESS -- GOOD BUSINESS REASONS.

MR. PIROZZOLO: WELL, I APPRECIATE IT, BUT THEN

AGAIN -- AND I WILL BE VOTING IN FAVOR, OKAY? BUT THE THING IS IF THAT --

IF AN INFESTATION IS DISCOVERED AND FOUND AND THE VEHICLE REMOVED, THEN

I DON'T KNOW THE BENEFIT, YOU KNOW, NECESSARILY OF THE NOTICE 24 HOURS

LATER AFTER THE PROBLEM IS FIXED, BUT I CERTAINLY LIKE THE INTENT. I DO

HAVE THOSE QUESTIONS ON HOW I COULD EXPLAIN TO MY CONSTITUENCY ON

WHAT AN INFESTATION IS AND WHO'S THE BOARD THAT MAKES THAT

DETERMINATION SO IF THAT INFORMATION COULD BE GETTING TO ME EVENTUALLY

I WOULD BE APPRECIATIVE.

MR. COLTON: AND AS I -- AS I, YOU KNOW, SAID, MY

OFFICE HAS RECEIVED MANY, MANY COMPLAINTS OF PEOPLE BEING AFRAID,

YOU KNOW, OF SUCH AN INFESTATION. AND THE REASON WHY THEY HAVE SO

MUCH FEAR IN A -- IN A CITY LIKE NEW YORK CITY, IF YOU IN FACT END UP

WITH A BEDBUG INFESTATION IT MEANS WASHING ALL YOUR CLOTHES,

IMMEDIATELY PUTTING ALL BEDDING IN A SEALED PLASTIC BAG, WASHING IT AT

VERY HIGH TEMPERATURES, IT MEANS PROBABLY GETTING RID OF YOUR MATTRESS,

IT PROBABLY MEANS GETTING RID OF RUGS IN THAT ROOM, SO IT EASILY COULD

AMOUNT TO THOUSANDS OF DOLLARS. SO PEOPLE DO NOT WANT TO HAVE

BEDBUGS IN THEIR HOUSE. IT'S A VERY BIG PROBLEM. AND THEIR MIND IS PUT

AT REST IF THEY KNOW AT LEAST THAT IF THE MTA DISCOVERS BEDBUG

INFESTATION, THAT THEY AT LEAST WILL NOTIFY THEM AND THAT MAY MAKE THEM

BE ABLE TO TAKE CERTAIN PRECAUTIONS SO THEY DON'T END UP WITH THAT KIND

OF AN EXPENSIVE PROBLEM.

NYS ASSEMBLY MAY 16, 2023

MR. PIROZZOLO: IT MAKES ME FEEL A LITTLE BIT

BETTER. SO WHAT I THINK YOU'RE SAYING IS THAT THE NOTIFICATION WOULD BE

THAT THERE WAS AN INFESTATION ON THE Q-LINE YESTERDAY AND IF YOU WERE

ON THAT YESTERDAY YOU SHOULD LOOK INTO MAKING SURE THAT YOU'RE SAFE.

NOT -- NOT YOU SHOULDN'T TAKE IT TODAY BECAUSE THAT VEHICLE'S ALREADY

BEEN REMOVED FROM SERVICE.

MR. COLTON: YEAH. WELL, I WOULD ACTUALLY, YOU

KNOW, SAY THAT THE NOTIFICATION THAT WE SEND WITHIN 24 HOURS TO GIVE A

TIME PERIOD AND THAT WILL ACCOMPLISH WHAT YOU VERY WISELY SUGGESTED,

BUT IT ALSO COULD BE SOONER THAN 24 HOURS. THE MTA COULD DO THAT AND

IT IS POSSIBLE THAT SOMEBODY WAS GOING TO TAKE THE A TRAIN BUT THEY

COULD TAKE A BUS INSTEAD. IT'S -- IT'S POSSIBLE THAT SOMEBODY MIGHT GO TO

A DIFFERENT STATION. THEY COULD WALK TO THE NEXT STATION RATHER THAN

TAKE THE STATION THAT THE INFESTATION HAD BEEN REPORTED ON. SO THERE IS,

YOU KNOW, A TRANSPARENCY, A RIGHT THAT RIDERS HAVE TO KNOW IF THERE WAS

A PROBLEM AND THEN THEY MAKE THEIR DECISION HOW THEY CAN BEST PROTECT

THEMSELVES FROM THAT PROBLEM.

MR. PIROZZOLO: I APPRECIATE IT, THANK YOU.

ON THE BILL IF I MAY.

MR. COLTON: THANK YOU.

MR. PIROZZOLO: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

PIROZZOLO.

MR. PIROZZOLO: SO I CERTAINLY APPRECIATE IT AND

AS I SAID, I WOULD SUPPORT THE LEGISLATION BUT I DO HAVE THE CONCERN OF

NYS ASSEMBLY MAY 16, 2023

THAT IF AN INFESTATION HAS BEEN DETERMINED AND WE'RE PULLING THE

VEHICLE, SOMEONE'S NOT GOING TO WALK TO A DIFFERENT STATION BECAUSE THE

VEHICLE'S ALREADY BEEN PULLED. SO TO ME IT SEEMS OF MORE THE

NOTIFICATION IS FOR LETTING RIDERSHIP KNOW THAT A SUBWAY OR A VEHICLE

YOU USED PRIOR YESTERDAY, THE DAY BEFORE, HAD THAT INFESTATION, YOU

MIGHT WANT TO TAKE A LOOK. SO A LITTLE BIT OF CLARITY. I DON'T THINK WE'RE

GOING TO BE PREVENTING ANYTHING BUT MAYBE MORE OF MAINTENANCE FOR

PEOPLE TO CHECK IF THEY WERE ON THAT INFECTED LINE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: PARTY VOTE HAS BEEN

REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED, BUT I SUSPECT THAT WE HAVE MEMBERS

THAT WILL BE SUPPORTING THIS LEGISLATION AND IF SO THEY ARE CERTAINLY

ENCOURAGED TO VOTE YES ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: THE MAJORITY CONFERENCE WILL BE

VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. THE

CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY MAY 16, 2023

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

MS. SOLAGES: THANK YOU, MR. SPEAKER. WE'LL

CONTINUE OUR WORK TODAY WITH THREE MORE BILLS. CALENDAR NO. 175 BY

MS. REYES; CALENDAR NO. 65 BY MR. ALVAREZ AND CALENDAR NO. 160 BY

PHEFFER -- BY MRS. PHEFFER AMATO.

ACTING SPEAKER AUBRY: THANK YOU. PAGE 18,

CALENDAR NO. 175, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05653-B, CALENDAR

NO. 175, REYES, WILLIAMS, OTIS, WALSH. AN ACT TO AMEND THE GENERAL

BUSINESS LAW, IN RELATION TO THE PRICE GOUGING OF MEDICINE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. REYES TO EXPLAIN HER VOTE.

MS. REYES: THANK YOU, MR. SPEAKER. PRICE

GOUGING OF MEDICINE IS A WELL-DOCUMENTED AND SIGNIFICANT ISSUE THAT

INTERFERES WITH THE ABILITY OF MANY PEOPLE TO ACCESS NECESSARY

MEDICATION AND CONTRIBUTES TO SOARING PROFITS OF SOME PHARMACEUTICAL

NYS ASSEMBLY MAY 16, 2023

CORPORATIONS. PRICE GOUGING OF MEDICATIONS HAS A RACIALLY DISPARATE

IMPACT ON PEOPLE IN COMMUNITIES OF COLOR. LESS AFFLUENT COMMUNITIES

IN GENERAL ARE DISPROPORTIONATELY IMPACTED AS WELL BY PRICE GOUGING

THE MEDICINE. UNDER CURRENT LAW, PRICE GOUGING IS ILLEGAL ONLY DURING

AN ABNORMAL DISRUPTION OF MARKETS CAUSED BY A DECLARED STATE OF

EMERGENCY IN THIS STATE. THIS BILL WOULD SPECIFICALLY ADD DRUG

SHORTAGE TO THE LIST OF REASONS FOR DECLARING A STATE OF EMERGENCY.

THEREFORE, IF A DRUG SHORTAGE REACHES A DEGREE TO WHICH A STATE OF

EMERGENCY IS DECLARED, THE ATTORNEY GENERAL IS AUTHORIZED TO

DETERMINE, BY THE SAME SECTION OF THE LAW, WHETHER CONSUMERS ARE

BEING SUBJECT TO PRICE GOUGING OF ANY MEDICINES AND WILL BE ABLE TO

TAKE ACTION AGAINST SUCH PRACTICES. THIS IS A STEP IN A NUMBER OF

MEASURES WE CAN TAKE TO PROTECT CONSUMERS IN OUR STATE, AND I WILL BE

VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. REYES IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 10, CALENDAR NO. 65, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04620, CALENDAR NO.

65, ALVAREZ. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION

TO AVAILABILITY FOR SALE OF ADVERTISED MERCHANDISE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ALVAREZ.

NYS ASSEMBLY MAY 16, 2023

MR. ALVAREZ: THIS LAW WILL ENABLE NEW YORK

STATE TO ENFORCE LONGSTANDING FEDERAL TRADE COMMISSION REGULATION

AND POLICY. COURT ORDERS IN 1972 NEW YORK CITY REGULATIONS ON BAIT

ADVERTISING. BAIT ADVERTISING IS THE PRACTICE OF MAKING AN (INAUDIBLE)

OFFER TO SELL A PRODUCT WHICH THE ADVERTISER DOES NOT INTEND OR WHEN TO

SELL TO (INAUDIBLE) A CONSUMER INTO ESTABLISHMENT WHERE IT'S SUSPECTED

OTHER PURCHASE -- OTHER PURCHASE WILL BE MADE. IN ADDITION, MANY

RETAILERS CURRENTLY HAVE POLICIES REGARDING THE ENTRANCE OF RAIN CHECK

SO IT IS NOT CURRENTLY MANDATED BY THE LAW. THIS BILL PUTS INTO A STATUTE

ENSURING THAT BUSINESS HAVE RAIN CHECK POLICY IN PLACE.

ACTING SPEAKER AUBRY: MR. MIKULIN.

MR. MIKULIN: MR. SPEAKER, WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ALVAREZ, WILL YOU

YIELD, SIR?

MR. ALVAREZ: YES, SIR.

ACTING SPEAKER AUBRY: MR. ALVAREZ YIELDS.

MR. MIKULIN: JUST A FEW QUICK QUESTIONS. THIS

BILL PERTAINS TO RAIN CHECKS. SO BASICALLY IF SOMETHING'S ON SALE, THEN

THE STORE WOULD HAVE TO PROVIDE A RAIN CHECK TO THE CUSTOMER; IS THAT

CORRECT?

MR. ALVAREZ: THAT'S CORRECT.

MR. MIKULIN: NOW ISN'T THERE ALREADY FEDERAL LAW

REGARDING THIS? SO WHY IS IT THAT WE NEED TO EXTEND THE FEDERAL LAW --

EXTEND UPON THE FEDERAL LAW WHERE THEY ALREADY SEEM TO HAVE COVERED

THIS?

NYS ASSEMBLY MAY 16, 2023

MR. ALVAREZ: IT IS, BUT THIS PUT ONUS OF PROOF ON

THE SELLER TO HONOR THE ADVERTISING INSTEAD OF ON THE CONSUMER TO PROVE

THAT THEY WERE BAIT AND SWITCH VICTIMS.

MR. MIKULIN: OKAY. WOULDN'T YOU THINK THAT THIS

PARTICULAR BILL WHEN IT COMES DOWN TO PRODUCE, THE AVAILABILITY OF THAT

PRODUCE, LET'S SAY IF THE RETAILER COULDN'T PROVIDE THAT AVAILABILITY,

WOULDN'T -- WOULDN'T YOU SAY THAT THIS BILL WOULD DISCOURAGE THEN THE

GROCERY STORE TO PROVIDE SALES?

MR. ALVAREZ: WELL, I'LL SAY NO. WHILE FOOD AND

FOOD PRODUCTS WILL BE EXEMPT UNDER THIS ENACTMENT, THEY ARE COVERED

AND HAVE BEEN FOR SEVERAL YEARS BY FEDERAL TRADE COMMISSION RULES

WHERE RETAILERS ARE SIMILARLY REQUIRED TO OFFER RAIN CHECKS FOR FOOD AND

FOR PRODUCT.

MR. MIKULIN: OKAY. BUT IF NOW I AM A -- LET'S SAY

I'M A RETAILER. WHY WOULD I PROVIDE A SALE IF I KNOW THAT NOW I HAVE TO

PROVIDE A RAIN CHECK FOR IT? MAYBE I CAN'T GET THE ITEM AGAIN OR MAYBE

I CAN'T OBTAIN THE ITEM AND I HAVE A LOT OF IT NOW, I CAN'T ENSURE THAT.

MR. ALVAREZ: WELL, THEY HAVE TO -- TO PROVE THAT

THEY TRIED TO GET IT.

MR. MIKULIN: OKAY. AND WOULDN'T NOW -- LET'S

SAY THEY, YOU KNOW, IN A NORMAL MARKET, OKAY, WE HAVE SALES.

WOULDN'T THE NORMAL MARKET COVER WHAT IT IS THAT IT IS THAT YOU'RE

SEEKING TO -- TO DO? SO NOW I HAVE A SALE, MAYBE I WANT TO SELL ALL THIS

PRODUCT BECAUSE I HAVE TOO MANY OF THEM. IF WE HAVE THE ITEMS, THEN I

CAN OF COURSE SELL THEM. BUT IF I OFFER THE SALE NOW AND THE ITEMS ARE

NYS ASSEMBLY MAY 16, 2023

GONE AND NOW THERE'S A -- THEY HAVE TO PROVIDE A RAIN CHECK, WHY

WOULD THE -- THE PERSON SELLING THE ITEMS SAY I SHOULD PROVIDE A SALE ON

THIS?

(PAUSE)

BASICALLY -- I'LL REPHRASE IT. DON'T THE NORMAL MARKET

FORCES WHAT THEY ADEQUATELY POLICE FROM AVAILABILITY?

MR. ALVAREZ: YES.

MR. MIKULIN: THANK YOU SO VERY MUCH.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MIKULIN: WHAT THIS BILL DOES IS WE TELL

PRODUCERS NOW THAT THEY MUST PROVIDE A RAIN CHECK. WHEN

GOVERNMENT COMES ON IN AND STARTS TELLING PEOPLE WHO ARE SELLING

PRODUCTS WHAT IT IS THAT THEY SHOULD DO, THEY START TO CHANGE WHAT IT IS

THAT THEY DO DO. MEANING IF THE GOVERNMENT IS GOING TO TELL A PRODUCER

NOW THAT THEY MUST PROVIDE A RAIN CHECK, THEN MOST LIKELY IF I'M SELLING

A PRODUCT I WILL NOT PUT IT ON SALE. THIS DOES NOT BENEFIT CONSUMERS

BECAUSE NOW CONSUMERS COULD POSSIBLY PURCHASE AN ITEM AT A CHEAPER

PRICE, BUT NOW SINCE THIS LAW IS GOING TO BE PUT INTO EFFECT, THE PERSON

SELLING THE ITEM SAYS I'M NOT GOING TO PUT A SALE ON -- ON THIS BECAUSE I

DON'T KNOW IF I'M GOING TO BE ABLE TO -- I DON'T KNOW IF I'M GOING TO BE

ABLE TO ACTUALLY OBTAIN THE PRODUCT INTO THE FUTURE. SO WITH THAT BEING

SAID, I'M GOING TO VOTE IN THE NEGATIVE AND I ENCOURAGE MY COLLEAGUES

TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

NYS ASSEMBLY MAY 16, 2023

MR. JENSEN.

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

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MR. ALVAREZ, WILL YOU

YIELD?

MR. ALVAREZ: YES, SIR.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. JENSEN: THANK YOU VERY MUCH, MR. ALVAREZ.

THIS LEGISLATION DEALS WITH ADVERTISEMENTS FOR MERCHANDISE FOR SALE.

WHAT ADVERTISEMENTS WOULD BE COVERED UNDER THE TEXT OF THIS

LEGISLATION? MORE SPECIFICALLY WHAT FORMS OF ADVERTISEMENT?

MR. ALVAREZ: THERE IS NO DISTINCTION AMONG THIS

TYPE OF (INAUDIBLE) FORMATS IN THE BILL.

MR. JENSEN: SO GOING BACK TO WHAT MR. MIKULIN

SAID, IF HE'S A PRODUCE RETAILER AND HE'S OFFERING PINK LADY APPLES AT A

SALE PRICE IN A CIRCULAR, SOMETHING THAT GOES IN THE SUNDAY PAPER, THIS

LEGISLATION WOULD SAY THAT THERE HAS TO BE EITHER HOW MANY OF THOSE

PINK LADY'S ARE AVAILABLE OR SOMETHING THAT SAYS ONLY 1,000 PINK LADY

APPLES ARE AVAILABLE AS PART OF THIS SALE PRICE, CORRECT?

MR. ALVAREZ: IT IS, BUT REMEMBER THAT FOOD ARE

COVERED BY THE FEDERAL GUIDELINES.

MR. JENSEN: OKAY. SO IF I AM A RETAILER WHO'S

SELLING REFRIGERATORS AND I HAVE A PRINT ADVERTISEMENT BUT I ALSO HAVE

ADVERTISEMENTS ON TELEVISION AND I'M OFFERING A SALE ON MAYTAG

REFRIGERATORS, WOULD I HAVE TO ABIDE BY THE COMPONENTS OF THIS

NYS ASSEMBLY MAY 16, 2023

LEGISLATION AND SAY THAT I ONLY HAVE 13 MAYTAG REFRIGERATORS AVAILABLE

AT X PRICE OR WOULD I HAVE TO SAY THAT COME BUY MY REFRIGERATORS, BUT

NO RAIN CHECKS FOR YOU. I'D HAVE TO PUT THAT IN MY ADVERTISEMENT ON

TELEVISION.

MR. ALVAREZ: I BELIEVE SO, YES.

MR. JENSEN: OKAY. SO IF I AM A CAR DEALER AND I'M

ADVERTISING ON DIGITAL ADVERTISEMENT ON WEBSITES, I'D HAVE TO HAVE ALL

THIS TEXT ON A SMALL GRAPHIC ADVERTISEMENT THAT MAY BE ON A SIDE PANEL

OF A WEBSITE.

(PAUSE)

MR. ALVAREZ: WE HAVE AN EXCEPTION UNDER THIS

LAW THAT IF THE ADVERTISING IS THROUGH A MAIL OR THROUGH ONLINE THEN YOU

DON'T HAVE TO.

MR. JENSEN: WHAT SECTION OF THE BILL IS THAT, SIR?

MR. ALVAREZ: IT'S THE FIRST PAGE, ITEM NUMBER TEN.

MR. JENSEN: WHERE IT SAYS THE ADVERTISEMENT IS

MADE IN RELATION TO MAIL ORDER MERCHANDISE AS REGULATED BY SECTION

396 OF THIS ARTICLE?

MR. ALVAREZ: WAS THE QUESTION THAT YOU ASKED

ABOUT --

MR. JENSEN: NO.

MR. ALVAREZ: -- ORDER ONLINE?

MR. JENSEN: NO. MY QUESTION WAS IF YOU'RE -- IF

YOU'RE HAVING VARIED SOURCES OF ADVERTISEMENT ADVERTISING A SALE PRICE

ON AN ITEM, WOULD THAT COVER EVERY TYPE OF ADVERTISEMENT THAT A

NYS ASSEMBLY MAY 16, 2023

BUSINESS MAY ADVERTISE A SALE PRICE IN, WHETHER IT'S PRINT, WHETHER IT'S

TELEVISION, WHETHER IT'S RADIO? RADIO YOU CAN'T PRINT THE COMPONENTS OF

THIS LEGISLATION. TELEVISION, WOULD YOU HAVE TO SAY IT, WOULD YOU HAVE

TO PUT IT ON THE SCREEN IN LITTLE TEXT THAT NOBODY CAN READ? IF YOU HAVE

DIGITAL ADVERTISING IT'S A SMALL GRAPHIC AS IT IS. SO MY QUESTION IS, DOES

THIS BILL SPEAK SPECIFICALLY TOWARDS PRINT ADVERTISEMENT OR IS IT EVERY

ADVERTISEMENT THAT EVERY RETAILER IN THE STATE WOULD USE TO ADVERTISE

ITEMS FOR SALE?

MR. ALVAREZ: I'M AFRAID IT'S EVERY ADVERTISEMENT

EXCEPT FOR WHAT YOU JUST DESCRIBED RIGHT NOW.

MR. JENSEN: EXCEPT FOR MAIL ORDER OR THE

EXCEPTION --

MR. ALVAREZ: CORRECT.

MR. JENSEN: -- WHICH ARE ONE OF A KIND ITEMS.

MR. ALVAREZ: CORRECT.

MR. JENSEN: OKAY. SO GOING BACK TO THE EXAMPLE

OF A RETAILER THAT SELLS HOME GOODS; STOVES, REFRIGERATORS, LAWN MOWERS

AND THEY ARE LARGE PIECES OF HOME ITEMS. THEY OFFER, THEY -- THEY ABIDE

BY THE PROVISIONS OF THIS LEGISLATION, THEY SAY THEY ONLY HAVE 15

AVAILABLE AT A CERTAIN PRICE. THEY HAVE 30 PEOPLE COME IN, 15 GET TO

PURCHASE ONE, 15 GET A RAIN CHECK. THE ONUS IS GOING TO BE ON THE

RETAILER TO MAKE SURE WHEN THEY REORDER THAT APPLIANCE IN THAT SPECIFIC

MODEL THAT THEY ORDER 15 PLUS EVERYTHING ELSE THEY ORDERED FOR THEIR

STOCK TO HAVE IN THEIR STORAGE ROOM FOR THOSE PEOPLE HOLDING A RAIN

CHECK, CORRECT?

NYS ASSEMBLY MAY 16, 2023

MR. ALVAREZ: YES.

MR. JENSEN: SO EVEN THOUGH BASED ON THE METRICS

THAT THEY USE AS A BUSINESS, THEY'D BE FORCED TO ORDER MORE THAN THEY

WOULD TYPICALLY NEED BECAUSE OF OUTSTANDING RAIN CHECKS?

MR. ALVAREZ: I MEAN YES?

MR. JENSEN: IS THERE ANY OBLIGATION ON A PERSON

HOLDING THE RAIN CHECK THAT THEY HAVE TO FOLLOW THROUGH AND ACTUALLY

PURCHASE THE THING THAT NOW THE RETAILER HAS ORDERED AND EXHAUSTED

THEIR RESOURCES ON TO FULFILL THEIR END OF THIS LEGISLATION?

MR. ALVAREZ: I MEAN PART OF THE LAW SAY THAT --

WELL, PART OF THE BILL SAY THAT THEY HAVE TO PROVE THAT THEY MADE THE

EFFORT TO GET THAT MERCHANDISE.

MR. JENSEN: NO, I UNDERSTAND THAT. BUT I'M SAYING

IF I AM A HOME GOODS RETAILER AND I ORDER EVERY QUARTER 15 MAYTAG

REFRIGERATORS BUT FOR SOME REASON THE QUARTER BEFORE THEY DIDN'T SELL,

NOW I HAVE TOO MANY, I HAVE TO OFFER THEM FOR SALE SO I CAN CLEAR OUT

VALUABLE STORAGE SPACE IN MY STOCKROOM. I OFFER THEM FOR SALE BECAUSE

I NEED TO MOVE THEM OUT, THEY'RE STILL BEING PRODUCED, THEY STILL EXIST.

BUT NOW INSTEAD OF ORDERING 15 MORE FOR THE NEXT QUARTER, NOW I HAVE

TO ORDER 30 EVEN THOUGH THE BUSINESS DATA SAYS THAT I'M NOT GOING TO BE

ABLE TO SELL 15 BECAUSE BEFORE I HAVEN'T SO YOU HAVE TO HAVE MORE ROOM

BEING TAKEN UP IN YOUR STOCKROOM FOR THINGS THAT YOU MAY NOT BE SURE

WILL SELL EVEN THOUGH YOU HAVE OUTSTANDING RAIN CHECKS. SO WHAT I'M

SAYING IS YOU'RE PUTTING A ONUS ON BUSINESSES TO SPEND MORE CAPITAL TO

POTENTIALLY MEET THE NEEDS OF OUTSTANDING RAIN CHECKS, CORRECT?

NYS ASSEMBLY MAY 16, 2023

(PAUSE)

MR. ALVAREZ: I MEAN FOLLOWING YOUR EXAMPLE,

RIGHT?

MR. JENSEN: MM-HMM.

MR. ALVAREZ: SO IT'S A BUSINESS DECISION IF THEY

WANT TO PUT ALL THE 50 ON RAIN CHECK OR JUST 15 OR 20 OF THOSE 50. IT'S

UP TO THE BUSINESS.

MR. JENSEN: IT'S NOT UP TO THE BUSINESS, THOUGH,

BECAUSE THEY STILL HAVE A BUSINESS MODEL THEY HAVE TO FOLLOW. AND IF

THEY'RE ORDERING -- THEY DON'T ORDER -- I NEVER SOLD REFRIGERATORS OR ANY

OTHER HOME GOODS ITEMS OR I'VE NEVER BEEN A RETAILER. BUT I IMAGINE

THAT THERE IS A PLANNING PROCESS ON WHEN THEY DECIDE TO ORDER THINGS.

AND MR. MIKULIN TALKED ABOUT IF THERE'S THINGS THAT AREN'T AVAILABLE, WE

JUST WENT THROUGH COVID WHERE WE HAD MASSIVE FAILINGS IN OUR

SUPPLY CHAIN. SO YOU MAY BE ORDERING ITEMS MORE THAN 120 DAYS IN

ADVANCE. SO HOW CAN YOU BE SURE -- YOU MAY SET YOUR ORDERING IDEA

UP BASED ON THE ECONOMIC REALITIES OF YOUR LINE OF BUSINESS. BUT NOW

IF YOU HAVE OUTSTANDING RAIN CHECKS, NOW YOU'VE THROWN OFF THAT ENTIRE

INTERNAL SUPPLY CHAIN AND ECONOMIC DECISION-MAKING OFF BECAUSE

YOU'RE HAVING TO SATISFY THE POTENTIAL THAT SOMEBODY COMES IN WITH A

RAIN CHECK AFTER 120 DAYS TO GET SOMETHING THAT YOU OFFERED FOR SALE

WHEN YOU'RE TRYING TO CLEAR UP STOCK.

MR. ALVAREZ: BUT AGAIN IT'S -- IT'S -- IT'S -- IT'S

BASED ON THE STRATEGY OF YOUR BUSINESS. IF YOU HAVE 100 TV, RIGHT?

MR. JENSEN: MM-HMM.

NYS ASSEMBLY MAY 16, 2023

MR. ALVAREZ: AND YOU DON'T WANT TO OFFER THE

100 TV AS A RAIN CHECK, YOU CAN SAY OUT OF THE 100 I'M JUST GOING TO

PUT 50, BUT IT'S UP TO YOU AS A BUSINESS OWNER, AND IT'S BASED ON YOUR

STRATEGY THAT -- THAT YOU WANT TO -- TO USE TO SELL YOUR -- YOUR -- YOUR

PRODUCT.

MR. JENSEN: OKAY. MR. ALVAREZ, SO I REMEMBER

WE HAD A VIGOROUS DEBATE ABOUT THIS LAST YEAR WITH THE PREVIOUS

SPONSOR OF THIS LEGISLATION. AND THE JUSTIFICATION SHE USED FOR WHY SHE

INTRODUCED THIS BILL BACK IN THE EARLY 2000S WAS THAT IN HER

WESTCHESTER COMMUNITY SHE HAD PEOPLE WHO WERE GOING IN TO BUY A

SALE ITEM AND THEN THE SALE ITEM WAS ESSENTIALLY - I THINK YOU SAID IT,

TOO, IN YOUR EXPLANATION - A BAIT AND SWITCH AND THEN PEOPLE WERE

BEING FORCED TO BUY AN ITEM OR SPEND MORE MONEY THAN THEY HAD

ORIGINALLY PLANNED ON AND IT WAS BEING THOUGHT OF, IN HER RESPECT, AS

DECEPTIVE BUSINESS PRACTICES. WOULD THAT BE YOUR ASSESSMENT AS WELL

ABOUT WHY THIS LEGISLATION IS NEEDED?

MR. ALVAREZ: I'LL TELL YOU THIS: YES FIRST, BUT I

DON'T BELIEVE THAT THIS IS JUST EXCLUSIVE FOR WESTCHESTER COUNTY.

MR. JENSEN: NO NO. I JUST --

MR. ALVAREZ: I HAVE CONSTITUENTS IN MY DISTRICT --

MR. JENSEN: NO, I UNDERSTAND.

MR. ALVAREZ: I HAVE CONSTITUENTS IN MY DISTRICT

THAT COMPLAIN ABOUT THE SAME THING.

MR. JENSEN: SO I GUESS AT WHAT POINT DO WE PUT AN

ONUS ON THE CONSUMER TO NOT SPEND MONEY THEY DON'T WANT TO SPEND?

NYS ASSEMBLY MAY 16, 2023

IF THEY KNOW THEY'RE ONLY GOING TO SPEND $2,000 ON A HOME APPLIANCE

AND THEY GET THERE AND THOSE $2,000 APPLIANCES ARE GONE BUT ALL THERE IS

IS $2,700 APPLIANCES, AT WHAT POINT DO WE PUT AN ONUS ON THE CONSUMER

AND SAY I'M NOT GOING TO SPEND THAT MONEY TODAY OR I'M GOING TO

MAYBE GO TO A DIFFERENT STORE. AT WHAT POINT DO WE TAKE AWAY THE ONUS

ON NEW YORKERS TO MAKE OUR RESPONSIBLE DECISION BASED ON THEIR OWN

DECISION-MAKING PROWESS?

MR. ALVAREZ: I -- I -- I DON'T BELIEVE THAT THIS BILL

IS GOING AGAINST AN HONEST BUSINESS. THEY ARE IN BUSINESS THAT USE THAT

TACTIC TO GET CONSUMER TO THEIR STORE AND THAT'S WHAT WE ARE (INAUDIBLE)

MR. JENSEN: BUT WHY ARE WE THINKING THAT

CONSUMERS CAN'T SEE THAT, THAT THEY CAN'T SEE THAT THEY'RE BEING BAITED

AND SWITCHED OR THAT THEY'RE BEING TAKEN ADVANTAGE OF? SHOULDN'T A

CONSUMER KNOW THAT IF THEY'RE ONLY GOING TO WANT TO SPEND A CERTAIN

AMOUNT OF MONEY THAT THEY WILL NOT SPEND MORE THAN THAT? SHOULDN'T

THERE BE AN ONUS ON THE CONSUMER TO MAKE A RESPONSIBLE DECISION ON

THEIR OWN?

MR. ALVAREZ: REMEMBER, THE CONSUMER WENT TO

YOUR STORE BECAUSE THEY SAW FALSE ADVERTISEMENT, RIGHT? AND WHEN

THEY GET TO YOUR STORE THEY FIND OUT THAT WHAT YOU ADVERTISING IS NOT THE

-- IT'S NOT THE REAL -- THE REALITY.

MR. JENSEN: BUT NOBODY'S FORCING THEM TO TURN

OVER A CREDIT CARD AND SPEND MONEY.

MR. ALVAREZ: I -- I -- I BELIEVE YOU'RE RIGHT ON

NYS ASSEMBLY MAY 16, 2023

THAT BUT ONCE I MOVE FROM MY HOUSE AFTER WHAT YOU ADVERTISE --

MR. JENSEN: MM-HMM.

MR. ALVAREZ: -- I'M EXPECTING TO SEE WHAT YOU

ADVERTISE ON YOUR STORE. AND ONCE I'M THERE IF I NEED IT, YOU KNOW, I

MAY BE TEMPT TO DO WHAT YOU INITIALLY INTEND TO DO WITH THE FALSE

ADVERTISEMENT.

MR. JENSEN: BUT ISN'T -- ISN'T THERE AN INHERENT

SENSE THAT SALE ITEMS ARE FOR SALE AND THAT YOU ARE NOT THE ONLY PERSON

WHO MAY WANT THAT ITEM AND THAT YOU MAY HAVE TO COMPETE WITH OTHER

PEOPLE BASED ON THE PASSAGE OF TIME?

(PAUSE)

I MEAN EVERY SUPERMARKET IN NEW YORK STATE SELLS AN

APPLE AT A SALE PRICE. SHOULD WE PRESUME THAT EVERY SUPERMARKET HAS

TO HAVE A COLLECTION OF 60 MILLION APPLES SO THAT EVERY NEW YORKER CAN

COME IN AND BUY THREE APPLES AT THAT SALE PRICE? I MEAN WE DO GROW A

LOT OF APPLES BUT I DON'T KNOW HOW FEASIBLE THAT IS.

MR. ALVAREZ: YEAH. SO REMEMBER, THE BUSINESS

ALWAYS HAS THE OPTION TO SAY THIS ITEM IS NOT ON REAL CHECK -- ON RAIN

CHECK.

MR. JENSEN: BUT -- BUT -- SO GOING BACK TO THE

ADVERTISEMENT QUESTION, THEY MAY NOT BECAUSE IF YOU'RE DOING A RADIO

ADVERTISEMENT, HOW DO YOU -- NOT TO CIRCLE BACK COMPLETELY, BUT IF

YOU'RE ADVERTISING A SALE PRICE ON THE RADIO, HOW DO YOU EVEN ABIDE BY

THIS? YOU CAN'T PUT ANYTHING IN PRINT ON A RADIO.

MR. ALVAREZ: SO THEY CAN ANNOUNCE IT.

NYS ASSEMBLY MAY 16, 2023

MR. JENSEN: SO THEY'RE PAYING X AMOUNT OF DOLLARS

FOR A 15 SECOND ADVERTISEMENT, YOU WANT THEM TO TAKE UP FIVE SECONDS

EXPLAINING THEIR RAIN CHECK POLICY INSTEAD OF TELLING PEOPLE WHAT ITEMS

THEY HAVE FOR SALE OR ARE SELLING AT THAT TIME? YOU THINK THAT IS AN

IMPORTANT USE OF THEIR MONEY?

MR. ALVAREZ: THIS IS NOT ABOUT WHAT I THINK.

MR. JENSEN: NO, IT IS. IT'S YOUR BILL.

MR. ALVAREZ: THIS IS -- THIS IS -- THIS IS ABOUT

WHAT THE BUSINESS STRATEGIES ARE, RIGHT? IF YOUR STRATEGY IS TO USE THE

RADIO TO ADVERTISE A PRODUCT AND PAY WHATEVER AMOUNT THEY'RE GOING TO

CHARGE YOU, THAT'S ON YOU AS A BUSINESS OWNER.

MR. JENSEN: NO, IT IS ABOUT WHAT YOU THINK, MR.

ALVAREZ. IT IS YOUR PIECE OF LEGISLATION. SO YOU COULD HAVE CHANGED IT

FROM THE PREVIOUS SPONSOR IN ANY WAY YOU WANT. SO IT IS REFLECTIVE OF

WHAT YOU BELIEVE THAT PEOPLE SHOULD DO. AND IF IT'S ABOUT PRINT

ADVERTISEMENT, THE CIRCULARS THAT COME IN THE SUNDAY PAPER THAT'S ONE

THING BECAUSE IT CAN BE PRINTED, YOU CAN HAVE EXCLUSIONS FOR THE ENTIRE

ADVERTISEMENT ON THE BOTTOM. SOME FORMS OF ADVERTISEMENT DON'T HAVE

THAT ABILITY.

MR. ALVAREZ: I BELIEVE I KNOW THAT. I MEAN YOU

ARE ADVERTISING YOUR PRODUCT ON THE RADIO. THERE IS NO WAY TO PRINT

ANYTHING, YOU HAVE TO -- YOU HAVE TO ANNOUNCE.

MR. JENSEN: OKAY. THANK YOU, MR. ALVAREZ. I

APPRECIATE IT.

MR. ALVAREZ: THANK YOU.

NYS ASSEMBLY MAY 16, 2023

MR. JENSEN: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GANDOLFO.

MR. GANDOLFO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR A COUPLE MORE QUESTIONS?

ACTING SPEAKER AUBRY: MR. ALVAREZ, WILL YOU

YIELD?

MR. ALVAREZ: ABSOLUTELY, SIR.

ACTING SPEAKER AUBRY: MR. ALVAREZ YIELDS.

MR. GANDOLFO: SO I HAVE A QUESTION REGARDING

THE NOTIFICATION PORTION OF THIS BILL. TO MY UNDERSTANDING IF A RAIN

CHECK IS ISSUED FOR A PRODUCT, THE HOLDER OF THAT RAIN CHECK WOULD HAVE

TO BE NOTIFIED THAT IT'S BACK IN STOCK WITHIN 15 DAYS OF IT BECOMING

BACK IN STOCK?

(PAUSE)

MR. ALVAREZ: I'M AFRAID IT'S TEN DAYS.

MR. GANDOLFO: I'M SORRY. COULD YOU REPEAT?

MR. ALVAREZ: TEN DAYS.

MR. GANDOLFO: SO THEY'D HAVE TO BE NOTIFIED

WITHIN TEN DAYS OF THE ITEM COMING BACK.

MR. ALVAREZ: YES.

MR. GANDALFO: AND THAT WOULD APPLY TO LIKE A

GROCERY ITEM LIKE CANNED GOODS, PRODUCE? ALL THE RAIN CHECK HOLDERS

WOULD HAVE TO BE NOTIFIED WITHIN THE TEN DAYS?

MR. ALVAREZ: REMEMBER SOME OF THE PRODUCTS

NYS ASSEMBLY MAY 16, 2023

ARE COVERED BY THE FEDERAL -- BY THE FEDERAL, RIGHT? FOOD.

MR. GANDOLFO: OKAY. SO WHAT WOULD CONSTITUTE

A NOTIFICATION? WOULD IT HAVE TO BE A PHONE CALL, E-MAIL, TEXT MESSAGE,

LETTER?

(PAUSE)

MR. ALVAREZ: IT'S A PHONE CALL, SORRY.

MR. GANDOLFO: IT WOULD HAVE TO BE A PHONE CALL?

MR. ALVAREZ: YES.

MR. GANDOLFO: SO I'M SPEAKING FROM MY

PERSONAL EXPERIENCE. I SPENT TIME WORKING AS A CASHIER AT SHOPRITE

AND ONCE OR TWICE A YEAR WE RAN THE -- EXCUSE ME -- THE CAN CAN SALE, IT

WAS A WEEK LONG SALE, TON OF CANNED GOODS UP FOR SALE AND RAIN CHECKS

WERE A COMMONPLACE IN THIS INSTANCE BECAUSE PEOPLE WOULD BE

WALKING OUT WITH CARTS AND CARTS FULL OF CANNED GOODS. SO YOU HAVE A

WEEK LONG SALE, SAY, YOU KNOW, 2- OR 3,000 RAIN CHECKS ARE ISSUED FOR

CANNED TOMATOES. THERE HAPPENED TO BE A RUN ON CANNED TOMATOES

THAT PARTICULAR WEEK. WOULD EVERY SINGLE HOLDER OF THAT RAIN CHECK,

WHICH COULD BE A LOT OF PEOPLE, WE ISSUED A LOT, THEY WOULD ALL HAVE TO

RECEIVE A PHONE CALL INFORMING THEM THAT THE CANNED TOMATOES WERE

BACK IN STOCK AT THE SALE PRICE.

(PAUSE)

MR. ALVAREZ: LOOK. FIRST, FOOD IS COVERED BY THE

FEDERAL GOVERNMENT, RIGHT? BUT YES, EVERYBODY NEEDS TO RECEIVE A

PHONE CALL ABOUT IT, YES.

MR. GANDOLFO: SO -- AND WHAT IS THE PENALTY IF

NYS ASSEMBLY MAY 16, 2023

SOMEONE IS NOT NOTIFIED, LIKE A SINGLE PERSON.

(PAUSE)

MR. ALVAREZ: I BELIEVE THIS BILL DOESN'T ADDRESS

PENALTY.

MR. GANDOLFO: THERE'S NO PENALTY?

MR. ALVAREZ: THERE IS ALREADY A LAW FOR UNFAIR

BUSINESS PRACTICE.

MR. GANDOLFO: OKAY. SO PRESUMABLY IF YOU

VIOLATE THIS THERE'S A FINE OF SOME SORT.

MR. ALVAREZ: YEAH.

MR. GANDALFO: SO MY -- MY CONCERN WITH THIS IS

I KNOW MR. MIKULIN TALKED ABOUT PEOPLE NOT HAVING SALES ANYMORE, BUT

I WOULD WORRY THAT PLACES LIKE SUPERMARKETS AND SALES LIKE THIS THEY

SAVE A LOT OF PEOPLE A LOT OF MONEY WHEN THEY STOCK UP ON THESE GOODS.

IF THEY WERE TO JUST NOW ADVERTISE THEY'RE NO LONGER OFFERING RAIN

CHECKS, THEY WOULD BE EXEMPT; IS THAT CORRECT?

(PAUSE)

MR. ALVAREZ: THE FEDERAL GOVERNMENT HAS

ALREADY A LAW THAT -- TO THAT.

MR. GANDOLFO: OKAY. THANK YOU, SIR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GANDOLFO: JUST BRIEFLY. ONE THING I AM

CONCERNED ABOUT WITH LEGISLATION LIKE THIS IS YOU MAKE IT SO ONEROUS FOR

STORES THAT WANT TO OFFER THE RAIN CHECK FOR THESE GOODS THAT ARE ON SALE

NYS ASSEMBLY MAY 16, 2023

TO SAVE PEOPLE MONEY, BUT THE PROCESS IS SO ONEROUS THAT THEY'LL JUST

ADVERTISE THAT THEY WILL NO LONGER OFFER THESE RAIN CHECKS. FOR EXAMPLE

THE SALE I MENTIONED, A LOT OF PEOPLE WOULD STOCK UP ON CHEAP CANNED

GOODS. AND IF THEY WEREN'T IN STOCK TYPICALLY THE STORE WOULD OFFER A

RAIN CHECK. IF YOU'RE GOING TO BE FACED WITH THE PROPOSITION OF HAVING

YOUR EMPLOYEES CONTACT POTENTIALLY AT LEAST 1,000 PEOPLE BY PHONE TO

NOTIFY THEM NOW THAT THAT ITEM IS BACK IN STOCK, WHICH COULD BE A

$1.50 CAN OF STRING BEANS OR SOMETHING, AND IF YOU FAIL TO CONTACT

SOMEONE I BELIEVE THE FINE WOULD BE SOMEWHERE AROUND $5,000 PER

INSTANCE. SO IF YOU WERE A STORE OR SOME KIND OF RETAILER, WHY WOULD

YOU EVEN BOTHER POTENTIALLY GETTING HIT WITH A $5,000 FINE OVER TRYING

TO OFFER A SALE ON $1 CAN OF BEANS OR SOMETHING? SO I WORRY THAT THIS

WILL JUST HARM THE CONSUMER IN THE END, MR. SPEAKER. THANK YOU FOR

INDULGING ME.

ACTING SPEAKER AUBRY: THANK YOU.

MR. ANGELINO.

MR. ANGELINO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD, PLEASE?

ACTING SPEAKER AUBRY: MR. ALVAREZ, WILL YOU

YIELD?

MR. ALVAREZ: CERTAINLY, YES.

ACTING SPEAKER AUBRY: YES, THE SPONSOR

YIELDS.

MR. ANGELINO: THANK YOU, MR. SPEAKER. SO SIR,

FOLLOWING UP ON MY TWO COLLEAGUES, THEIR EXAMPLES, SPECIFICALLY MY

NYS ASSEMBLY MAY 16, 2023

COLLEAGUE DIRECTLY IN FRONT WHEN HE WAS TALKING ABOUT REFRIGERATORS.

THEY'RE AN EXPENSIVE ITEM, THEY GO ON SALE, PEOPLE THINK, YOU KNOW,

NOWS THE TIME TO GET ONE, THEY SHOW UP AND MY GOSH, THE LAST ONE WAS

SOLD BUT I'LL GIVE YOU A RAIN CHECK AND WE'LL HONOR THAT PRICE. I'M GOING

TO TRY AND FIND ONE FOR YOU. THEY'RE -- THEY'RE A HARD TO FIND ITEM BUT

I'M GOING TO GET IT FOR YOU. IS THERE ANYTHING IN YOUR BILL THAT REQUIRES

THE CONSUMER TO FOLLOW THROUGH AND PURCHASE THIS ITEM?

MR. ALVAREZ: I'M AFRAID THAT THE CONSUMER

DOESN'T HAVE TO PURCHASE THE ITEM.

MR. ANGELINO: OKAY. SO A -- A RETAILER DOES HAVE

TO GO TO THE EXPENSE OF GETTING THAT HARD TO FIND ITEM AND GET IT

RESTOCKED, GET IT THERE, PREP IT AND THEN CALL AND THEY CAN SAY NO, WE

CHANGED OUR MIND.

MR. ALVAREZ: I'M AFRAID THAT -- THAT IS CORRECT.

MR. ANGELINO: THANK YOU, SIR.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

ANGELINO.

MR. ANGELINO: I'M AFRAID I WON'T BE ABLE TO

SUPPORT THIS BILL FOR THAT REASON ALONE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. NOVAKHOV.

MR. NOVAKHOV: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD?

MR. ALVAREZ: YES.

NYS ASSEMBLY MAY 16, 2023

ACTING SPEAKER AUBRY: MR. ALVAREZ, WILL YOU

YIELD.

MR. NOVAKHOV: THANK YOU, MR. ALVAREZ.

ACTING SPEAKER AUBRY: MR. ALVAREZ YIELDS.

MR. NOVAKHOV: THANK YOU VERY MUCH. WELL,

FIRST OF ALL, USUALLY ITEMS FOR SALE IS SOMETHING BUSINESSES TRYING TO GET

RID OF. AND HOW DO YOU EXPECT THE BUSINESS TO PROVIDE THE SAME ITEM

FOR THE SAME PRICE IF THEY DON'T HAVE THIS ITEM ANYMORE AND THEY

CANNOT PURCHASE IT FROM THE WHOLESALER FROM THE SAME PRICE? LIKE

THEY HAVE TO COVER THE COST FROM THEIR OWN POCKET, LIKE MAYBE I DON'T

UNDERSTAND SOMETHING.

MR. ALVAREZ: NO. THE BUSINESS DOESN'T HAVE TO

DO THAT. THEY JUST HAVE TO PROVE THAT THEY INTEND TO ACQUIRE THE

PRODUCTS.

MR. NOVAKHOV: OKAY. SO JUST THE INTENTION --

MR. ALVAREZ: YEAH. THEY HAVE TO -- THEY HAVE TO

MAKE REASONABLE EFFORT.

MR. NOVAKHOV: GOT IT. ANOTHER QUESTION IS,

HOW MUCH TIME THE BUSINESS IS ALLOWED TO HAVE IN ORDER TO REMOVE THE

ADVERTISING WHEN THE ITEMS ADVERTISED AS ON SALE ARE OUT OF STOCK?

(PAUSE)

MR. ALVAREZ: CAN YOU REPEAT THE QUESTION,

PLEASE?

MR. NOVAKHOV: SURE. HOW MUCH TIME THE

BUSINESS IS ALLOWED TO HAVE IN ORDER TO REMOVE THE ADVERTISING WHEN

NYS ASSEMBLY MAY 16, 2023

THE ITEMS ADVERTISED AS FOR -- ON SALE OR FOR SALE ARE OUT OF STOCK? SO

I'M RUNNING -- YEAH, PLEASE.

(PAUSE)

MR. ALVAREZ: I MEAN THIS -- THIS BILL DON'T ADDRESS

THAT YOU HAVE TO SPECIFY HOW MANY DAYS YOU HAVE TO KEEP THE RAIN

CHECK ON THE -- ON THE PRODUCT, RIGHT? SO TECHNICALLY YOU CAN SAY THE

SAME DAY THIS IS NOT ON -- ON RAIN CHECK -- ON RAIN CHECK ANYMORE.

MR. NOVAKHOV: SO IF I'M RUNNING ADS LET'S SAY ON

TELEVISION, RIGHT, AND IN THIS AD I'M SAYING THAT THIS FURNITURE IS FOR -- IS

ON SALE CURRENTLY AND COST $999 INSTEAD OF 2,000. NOW THE STORE IS OUT

OF STOCK OF THE SALE ITEMS. BUT THE ADVERTISING IS -- IS STILL GOING, IT IS

STILL BEEN SHOWING ON TELEVISION BECAUSE THE -- THE WAY I'VE BEEN -- I'VE

BEEN WORKING IN RADIO ADVERTISING BUSINESS AND TELEVISION ADVERTISING

BUSINESS FOR OVER 20 YEARS AND I -- YOU KNOW, I -- I KNOW HOW THINGS

WORK.

MR. ALVAREZ: MM-HMM.

MR. NOVAKHOV: SO EVERYTHING IS PROGRAMMED IN

ADVANCE. SO IT'S IMPOSSIBLE TO REMOVE THE ADVERTISEMENT THE SAME --

THE SAME DAY. LET'S SAY THE FURNITURE STORE OWNER CALLS THE ADVERTISING

DEPARTMENTS OF THE RADIO STATION OR TELEVISION STATION AND SAYS I DON'T

HAVE THESE ITEMS ANYMORE. PLEASE REMOVE THE AD. IT'S GOING TO -- IT

MAY TAKE UP TO A WEEK TO REMOVE THAT AD.

MR. ALVAREZ: WHAT WE'RE SAYING HERE IS THAT THE

RAIN CHECK -- IF YOU DON'T HAVE THE RAIN CHECK AVAILABLE FOR SUCH ARTICLE,

YOU HAVE TO NOW OFFER THE RAIN CHECK FOR WITHIN 120 MORE DAYS.

NYS ASSEMBLY MAY 16, 2023

MR. NOVAKHOV: SO IT DOESN'T SPECIFY ANYTHING ON

THE ADVERTISING PART OF IT. DO I UNDERSTAND THAT CORRECTLY?

(PAUSE)

MR. ALVAREZ: THAT IS CORRECT. THIS DOESN'T

ADDRESS HOW LONG THE SALES HAVE TO -- TO BE.

MR. NOVAKHOV: OKAY. THANK YOU.

ACTING SPEAKER ZEBROWSKI: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER ZEBROWSKI: WILL THE

SPONSOR YIELD?

MR. ALVAREZ: YES.

ACTING SPEAKER ZEBROWSKI: THE SPONSOR

YIELDS.

MR. GOODELL: I AM GOING TO DO MY ABSOLUTE BEST

NOT TO ASK A QUESTION THAT HAS ALREADY BEEN ASKED, BUT IF SO, JUST LET ME

KNOW. SO I SEE THAT ONE OF THE EXCEPTIONS IS THAT YOU CAN ADVERTISE A

SPECIFIC NUMBER OF ITEMS THAT ARE AVAILABLE FOR SALE AND IT SAYS AT THE

ONSET OF THE SALE, CORRECT?

MR. ALVAREZ: YES.

MR. GOODELL: SO LET'S SAY I HAVE 15 REFRIGERATORS

USING THAT EXAMPLE. APPARENTLY WE'RE INTO REFRIGERATORS TODAY AND I

PLACED THE ADVERTISEMENT, IT MIGHT TAKE A WEEK IN ADVANCE AND

SOMEBODY COMES TO ME DURING THAT WEEK AND I'M DOWN TO 15. NOW

YOU'RE SAYING I CAN'T SELL ANY BEFORE THE SALE BECAUSE I WOULD THEN HAVE

NYS ASSEMBLY MAY 16, 2023

LESS THAN 15 AND WOULD BE IN VIOLATION?

(PAUSE)

MR. ALVAREZ: DEFINITELY YOU CAN SELL IT, BUT

YOU'RE GOING TO -- YOU'RE GOING TO BE OBLIGATED IF SOMEONE COMES AFTER

THAT ASKING FOR THAT ADVERTISEMENT.

MR. GOODELL: I SEE. NOW ONE OF THE OTHER

EXCEPTIONS IS THAT I CAN CLEARLY AND CONSPICUOUSLY STATE THAT A RAIN

CHECK IS NOT AVAILABLE, RIGHT? AND THEN I'M OUT FROM THIS BUT THERE'S A

LITTLE BIT OF A CATCH. IF I SAY NO RAIN CHECKS, I CAN'T SELL THE SAME

PRODUCT FOR 120 DAYS; IS THAT CORRECT?

(PAUSE)

MR. ALVAREZ: YOU -- YOU CANNOT SELL IT ON THE

SAME PRICE FOR 120 DAYS.

MR. GOODELL: WELL, IT SAYS WILL NOT BE OFFERED FOR

SALE FOR AT LEAST 120 DAYS, RIGHT? I MEAN I CAN'T SELL IT, RIGHT, FOR 120

DAYS.

MR. ALVAREZ: AT THE SAME PRICE, NO.

MR. GOODELL: WHERE DOES IT SAY "SAME PRICE?"

I'M LOOKING AT PAGE 1, LINE 18. IT JUST SAYS WILL NOT BE OFFERED FOR SALE

FOR AT LEAST 120 DAYS. LOOKING AT LINES 17 AND 18. THIS EXCLUSION MAY

ONLY BE USED IF THE ARTICLE WILL NOT BE OFFERED FOR SALE FOR AT LEAST 120

DAYS FROM THE EXPIRATION DATE OF THE ADVERTISEMENT, RIGHT?

(PAUSE)

MR. ALVAREZ: THE INTENT OF THE BILL IS THAT THEY

CANNOT SELL IT FOR THE ADVERTISED -- FOR THE ADVERTISED PRICE WITHIN 120

NYS ASSEMBLY MAY 16, 2023

DAYS. MAYBE THERE IS A -- A MISTAKE -- A TECHNICAL MISTAKE IN THE

LANGUAGE.

MR. GOODELL: MAYBE WE CAN LOOK AT FIXING THAT,

BECAUSE OTHERWISE LET'S SAY I'M HAVING A SALE AT SHOPRITE WITH SOUP

AND I PUT IN THERE, YOU KNOW, I'M SELLING THIS SOUP BUT THERE'S NO RAIN

CHECK. AND THEN ONCE I SOLD IT, SOMEONE COMES IN AND ASKS FOR THAT

RAIN CHECK OR THAT SOUP AND I SAY NO SOUP FOR YOU, COME BACK IN FOUR

MONTHS. THANK YOU. THANK YOU, SIR.

MR. ALVAREZ: THANK YOU, MR. GOODELL.

MR. GOODELL: I APPRECIATE YOUR COMMENTS.

ACTING SPEAKER ZEBROWSKI: THANK YOU, MR.

GOODELL.

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER ZEBROWSKI: A PARTY VOTE

HAVE BEEN REQUESTED. MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LANGUAGE THAT IS WRITTEN BUT

THOSE WHO SUPPORT IT ARE CERTAINLY WELCOME TO VOTE IN FAVOR HERE ON THE

FLOOR. THANK YOU, SIR.

ACTING SPEAKER ZEBROWSKI: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: THE MAJORITY CONFERENCE WILL BE

VOTING IN THE AFFIRMATIVE. THANK YOU.

NYS ASSEMBLY MAY 16, 2023

ACTING SPEAKER ZEBROWSKI: THANK YOU, MS.

SOLAGES.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BLANKENBUSH TO EXPLAIN HIS VOTE.

MR. BLANKENBUSH: YES. THIS BILL WAS

INTRODUCED FIRST IN 1995. IT WAS A BAD BILL THEN AND IT'S A BAD BILL NOW.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR.

BLANKENBUSH IN THE NEGATIVE.

MR. JENSEN TO EXPLAIN HIS VOTE.

MR. JENSEN: THANK YOU, MR. SPEAKER. MY

GRANDFATHER LOVED A GOOD RAIN CHECK, JUST ASK THE PEOPLE AT THE LATTA

ROAD WEGMANS. HOWEVER, IF WE'RE CONCERNED ABOUT CONSUMERS BEING

PERPETRATED BY FRAUD OF CONSUMERS, THAT WOULD BE A GOOD REASON FOR

THEM TO UTILIZE THE CONSUMER FRAUD DIVISION OF THE ATTORNEY GENERAL'S

OFFICE. I WILL BE VOTING IN THE NEGATIVE FOR MANY OF THE REASONS THAT I

AND MY COLLEAGUES EXPRESSED ON THE FLOOR. THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZEBROWSKI: MR. JENSEN IN

THE NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES FOR AN INTRODUCTION.

MS. SOLAGES: THANK YOU. COULD YOU PLEASE HELP

NYS ASSEMBLY MAY 16, 2023

ME INTRODUCE SYDNEY EDWIN? SHE IS THE NATIONAL CONFERENCE OF STATE

LEGISLATURE STATE REP FOR NEW YORK STATE AND WE KNOW NCSL FOSTERS

COLLABORATION AND EXCHANGE AMONGST IDEAS AMONGST STATE LEGISLATORS

NATIONWIDE. SO IF YOU COULD EXTEND THE CORDIALITIES OF THE HOUSE, I

WOULD REALLY APPRECIATE IT.

ACTING SPEAKER ZEBROWSKI: SURE,

ABSOLUTELY. ON BEHALF OF MS. SOLAGES, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME YOU HERE TO THE CHAMBERS. WE THANK YOU FOR

ALL YOU'RE DOING FOR OUR HOUSE, OUR LEGISLATURE AND LEGISLATURES ACROSS

THE COUNTRY, AND WE EXTEND THE PRIVILEGES OF THE FLOOR AND HOPE YOU

ENJOY THE PROCEEDINGS TODAY. THANK YOU.

(APPLAUSE)

MS. SOLAGES.

MS. SOLAGES: CAN YOU PLEASE RECOGNIZE, MR.

JACOBSON?

ACTING SPEAKER ZEBROWSKI: MR. JACOBSON.

MR. JACOBSON: THANK YOU FOR YOUR SUPPORT. I

KNOW MANY OF YOU FELT A VOID TODAY BECAUSE WE DID NOT HAVE

CONFERENCE BUT YOU'RE IN LUCK. WE'RE GOING TO HAVE CONFERENCE FOR THE

MAJORITY RIGHT AFTER SESSION BUT IT'S GOING TO BE IN HEARING ROOM C,

NOT B, C. SO WE WILL SEE YOU --

ACTING SPEAKER ZEBROWSKI: MAJORITY

CONFERENCE, HEARING ROOM C.

MS. SOLAGES.

MS. SOLAGES: I GUESS THERE'S NO RAIN CHECK TODAY.

NYS ASSEMBLY MAY 16, 2023

SO MR. SPEAKER, DO YOU HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER ZEBROWSKI: WE DO. WE

HAVE ONE PIECE OF HOUSEKEEPING.

ON A MOTION BY MS. ROZIC, PAGE 18, CALENDAR NO.

174, BILL NO -- ASSEMBLY 5610-C, THE AMENDMENTS ARE RECEIVED AND

ADOPTED.

WE ALSO HAVE A NUMBER OF FINE RESOLUTIONS THAT WE'LL

TAKE UP WITH ONE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; ALL

THOSE OPPOSED SAY NAY; THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 476-482

WERE UNANIMOUSLY ADOPTED.)

MS. SOLAGES.

MS. SOLAGES: I NOW MOVE THAT THE ASSEMBLY

STANDS ADJOURNED AND THAT WE RECONVENE AT 11:00 A.M., MAY 17,

TOMORROW BEING A SESSION DAY.

ACTING SPEAKER ZEBROWSKI: THE HOUSE

STANDS ADJOURNED UNTIL 11:00 A.M. TOMORROW.

(WHEREUPON, AT 6:10 P.M., THE HOUSE STOOD ADJOURNED

UNTIL WEDNESDAY, MAY 17TH AT 11:00 A.M., THAT BEING A SESSION DAY.)