MONDAY, JUNE 3, 2024 1:14 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
REVEREND DONNA ELIA WILL OFFER A PRAYER.
REVEREND ELIA: LET US PRAY. HOLY AND LOVING
GOD, YOU POUR OUT ABUNDANT BLESSING, AND WE ARE GRATEFUL. FILL THE
BODY WITH WISDOM AND LOVE, AND EMPOWER ALL WHO ARE GATHERED TO BE
COMPASSIONATE, TO WORK FOR JUSTICE, AND SHOW LOVING KINDNESS.
STRENGTHEN ANY WHO FEEL WEAK OR FAINT-HEARTED, AND THANK YOU FOR THE
MANTLE OF PUBLIC SERVICE THAT THEY ARE TAKEN ON, BOTH ELECTED OFFICIALS
AND STAFF. ABUNDANTLY BLESS THE WORK THEY DO. GIVE ALL THE WISDOM
THAT THEY NEED TO MAKE SOUND AND JUST DECISIONS.
ON THIS DAY, WE ARE FILLED WITH GRATITUDE FOR THE WORK
OF SPEAKER PRO TEM, THE HONORABLE JEFF AUBRY. THANK YOU FOR ALL THE
WAYS THAT HE HAS WALKED IN INTEGRITY AND BROUGHT LOVE, WISDOM, AND
1
NYS ASSEMBLY JUNE 3, 2024
EQUANIMITY TO THE LONG HOURS OF RUNNING MEETINGS. WE ARE GRATEFUL FOR
HIS GRACE UNDER PRESSURE, AND HIS COURAGE TO STAND FOR WHAT IS JUST AND
FAIR. THANK YOU FOR HIS COLLEGIAL SPIRIT AND HIS KINDNESS. AND WHEN
THE TIME COMES EVEN THOUGH WE WILL MISS HIM, WE REJOICE THAT HE
ENTERS A NEW SEASON OF RETIREMENT AT THE END OF THE YEAR. MAY IT BE A
LONG AND JOYFUL, AND FILLED WITH GOOD HEALTH AND TIME FOR MANY, MANY
YEARS TO COME.
HELP ALL OF US IN OUR OWN LIVES TO WORK TO BUILD A
WORLD OF PEACE AND JUSTICE.
IN YOUR HOLY NAME WE PRAY, AMEN.
MEMBERS: AMEN.
REVEREND ELIA: I ASKED, ACTUALLY, FOR A MOMENT
OF PERSONAL PRIVILEGE AND THE SPEAKER VERY KINDLY GRANTED ME THAT
OPPORTUNITY. SO IN THE DISTRICT OF ASSEMBLYWOMAN DIDI BARRETT THERE
IS A FINE PORCELAIN ARTIST AND I ASKED -- COMMISSIONED FOR HER TO MAKE A
PLATE FOR HIM, AND WHAT CAME TO MY MIND WAS THAT PHRASE FROM THE
PSALMS, "I WALK IN MY INTEGRITY." AND YOU CERTAINLY --
(APPLAUSE)
-- DO WALK IN YOUR INTEGRITY.
(APPLAUSE)
ACTING SPEAKER AUBRY: THANK YOU.
REVEREND DONNA ELIA: GOD BLESS YOU.
ACTING SPEAKER AUBRY: VISITORS ARE INVITED
TO JOIN THE MEMBERS --
(LAUGHTER)
2
NYS ASSEMBLY JUNE 3, 2024
-- IN THE PLEDGE OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
(APPLAUSE)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF SUNDAY, JUNE THE 2ND.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, JUNE THE
2ND, AND THAT THE SAME SHOULD STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. TO OUR
COLLEAGUES AND GUESTS THAT ARE IN CHAMBERS TODAY, MY QUOTE FOR TODAY
IS TRUE HEROISM IS REMARKABLY SOBER, VERY UNDRAMATIC. IT IS NOT TO
URGE TO SURPASS ALL OTHERS AT WHATEVER COST, BUT IT'S THE URGE TO SERVE
OTHERS AT WHATEVER COST. THESE WORDS, MR. SPEAKER, ARE FROM ARTHUR
ASHE. HE IS NONE OTHER THAN THE LEGENDARY AMERICAN PROFESSIONAL
TENNIS PLAYER WHO WAS THE ONLY BLACK MAN TO EVER WIN MEN'S SINGLE
TITLES AT BOTH WIMBLEDON AND THE U.S. OPEN. MR. SPEAKER, HIS WORDS
FOR US TODAY.
COLLEAGUES HAVE ON THEIR DESKS A MAIN CALENDAR AND A
DEBATE LIST. WE'RE GOING TO BE CALLING FOR THE FOLLOWING COMMITTEES
OFF THE FLOOR TODAY: WAYS AND MEANS AND RULES. THESE COMMITTEES
3
NYS ASSEMBLY JUNE 3, 2024
ARE GOING TO PRODUCE A CALENDAR, AN A-CALENDAR, WHICH WE WILL TAKE
UP TODAY. AFTER ANY HOUSEKEEPING AND/OR INTRODUCTIONS WE ARE GOING
TO TAKE UP THE FOLLOWING BILLS ON CONSENT: RULES REPORT NO. 92 BY MR.
THIELE; RULE REPORT NO. 93 BY MR. THIELE; RULES REPORT NO. 179 BY
MR. BRONSON; CALENDAR NO. 13 BY MS. PAULIN; AND CALENDAR NO. 90 BY
MS. PAULIN; CALENDAR NO. 332 [SIC] BY MR. LAVINE; CALENDAR NO. 430
BY MR. BORES; AND CALENDAR NO. 463 BY MR. CUNNINGHAM. WE ARE
THEN GOING TO CONTINUE CONSENTING OFF THE MAIN CALENDAR WHERE WE LEFT
OFF LAST WEEK BEGINNING WITH RULES REPORT NO. 290, AND WE'RE GOING TO
GO ALL THE WAY THROUGH TO RULES REPORT NO. 297. THERE IS QUITE
POSSIBLY A NEED FOR FURTHER FLOOR ACTIVITY AS WE PROCEED. IF SO I WILL
PROVIDE THAT INFORMATION WHEN APPROPRIATE.
HOWEVER, MR. SPEAKER, THAT'S A GENERAL OUTLINE OF
WHERE WE ARE GOING TODAY. IF YOU HAVE HOUSEKEEPING, NOW WOULD BE A
GREAT TIME.
ACTING SPEAKER AUBRY: CERTAINLY. WE DO
HAVE HOUSEKEEPING, MRS. PEOPLES-STOKES.
ON A MOTION BY MR. WEPRIN, PAGE 12, RULES REPORT
NO. 166, BILL NO. A06489-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. CUNNINGHAM, PAGE 18, RULES
REPORT NO. 250, BILL NO. A08016-B, THE BILL IS AMENDED AND RESTORED
TO ITS ORIGINAL NUMBER ORDER -- PREVIOUS NUMBER, A08816-A.
ON A MOTION BY MR. BRONSON, PAGE 19, RULES REPORT
NO. 260, BILL NO. A08939-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
MRS. PEOPLES-STOKES FOR THE PURPOSES OF A
4
NYS ASSEMBLY JUNE 3, 2024
ANNOUNCEMENT.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF YOU WOULD PLEASE CALL THE WAYS AND MEANS COMMITTEE TO
THE SPEAKER'S CONFERENCE ROOM IMMEDIATELY.
ACTING SPEAKER AUBRY: CERTAINLY. WAYS AND
MEANS, SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.
FOR THE PURPOSES OF A INTRODUCTION, MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. IT IS MY
GREAT PLEASURE TO INTRODUCE THREE DISTINGUISHED GUESTS THAT HAVE DRIVEN
ALL THE WAY TO ALBANY FROM MY DISTRICT, A TRIP THAT IS SIGNIFICANT BY ANY
MEANS. WITH US ARE TOM RANKIN, ELIZABETH RANKIN AND WALLACE
RANKIN. AND TOM IS A MARATHON RUNNER AND HE CAME UP THIS WEEKEND
AND RAN A HALF MARATHON IN VERMONT WHICH HE TOLD ME WAS ONLY HALF AS
HARD AS A REGULAR MARATHON. I TOOK HIS WORD AT IT. TOM WORKS FOR OUR
COUNTY LAW DEPARTMENT, DOES A LOT OF WORK WITH OUR CHILDREN, AND A LOT
OF WORK WITH FAMILIES THAT ARE GOING THROUGH SOME TOUGH TIMES. HE
ALSO HAS A DISTINCTION OF BEING THE ATTORNEY THAT TOOK A CASE ALL THE WAY
TO OUR COURT OF APPEALS AND EXPANDED THE RIGHTS OF SAME-SEX PARENTS
TO CHALLENGE CUSTODY AND VISITATION. AND IT REVERSED DECADES OF PRIOR
PRECEDENT AND OPENED THE DOOR SO THAT EVERYONE IN A SAME-SEX
RELATIONSHIP HAS THE SAME RIGHTS TOWARD CUSTODY AND VISITATION. IT WAS
A MIND -- OR A LARGE CHANGE IN NEW YORK LAW. ELIZABETH HAS BEEN
VERY ACTIVE AS A FORMER COUNTY LEGISLATOR FOR MANY YEARS, WORKED FOR
ONE OF OUR COLLEGES AND DOES A PHENOMENAL JOB. WALLACE, WHOSE HAIR
COLOR I ENVY, GREAT YOUNG MAN, NOW WORKING FOR ONE OF OUR FINEST
5
NYS ASSEMBLY JUNE 3, 2024
HOTELS IN OUR COUNTY.
SO IF YOU WOULD WELCOME THESE THREE DISTINGUISHED
GUESTS TO OUR CHAMBERS, I WOULD APPRECIATE IT. THANK YOU VERY MUCH,
MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THE
RANKIN FAMILY HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU
THE PRIVILEGES OF THE FLOOR. CONGRATULATIONS ON THE GREAT WORK THAT
YOU'VE BEEN DOING, SIR AND FOR HAVING SUCH A TREMENDOUS FAMILY AND
TAKING THE TIME TO COME TO ALBANY, FOR ANY REASON. THANK YOU SO VERY
MUCH. WE ARE SO PLEASED TO HAVE YOU, SIR.
(APPLAUSE)
ACTING SPEAKER EACHUS: MR. EPSTEIN FOR THE
PURPOSES OF AN INTRODUCTION.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
INTRODUCE DR. JEREMY BOAL, WHO IS A CONSTITUENT OF MINE WHO'S UP HERE
FOR THE DAY. DR. BOAL IS AN INTERNIST. IN HIS EARLIEST CAREER HE FOUNDED
A PROGRAM FOR HOMEBOUND PEOPLE IN NEW YORK CITY WITH A SERIOUS
ILLNESS LIKE ALS AND LATE-STAGE CANCER AND DEMENTIA. OVER THE NEARLY
THREE DECADES OF HIS DISTINGUISHED CAREER, DR. BOAL HAS HELD MANY
LEADERSHIP POSITIONS, SERVED AS A SPECIAL CONSULTANT TO THE TASK FORCE
AND THE CARE OF END OF LIFE, THE AMERICAN BOARD OF INTERNAL MEDICINE.
HE'S HELD A SEAT ON THE BOARD OF DIRECTORS FOR THE AMERICAN ACADEMY
OF HOME CARE PHYSICIANS. HE SERVED AS A MEDICAL DIRECTOR AT THE
LONG ISLAND JEWISH MEDICAL CENTER IN NEW HYDE PARK, SENIOR VICE
6
NYS ASSEMBLY JUNE 3, 2024
PRESIDENT AND CHIEF MEDICAL OFFICER AT NORTH SHORE LIJ HOSPITAL
SYSTEM. AND IT WAS (INAUDIBLE) ENDOWMENT ASSOCIATE PROFESSOR OF
MEDICINE AT HOFSTRA ON THE NORTH SHORE. HE'S BEEN A PUBLISHED AUTHOR
ON -- IN THE JOURNAL OF AMERICAN GERIATRIC SOCIETY, AMERICAN MEDICAL
SOCIETY, AND ANNALS OF INTERNAL MEDICINE. HE'S RECEIVED NUMEROUS
AWARDS IN HIS CAREER, HUMANISM AND MEDICINE AWARD, THE RICHARD
AND HINDA ROSENTHAL FOUNDATION AWARD, THE ALEXANDER RICHMAN
COMMEMORATIVE AWARD FOR HUMANITARIANISM AND ETHICS IN MEDICINE.
AND DR. BOAL UNFORTUNATELY IN LATE 2013 STEPPED DOWN IN HIS ROLE AS
THE CHIEF CLINICAL OFFICER AT MOUNT SINAI HEALTH CARE SYSTEM WHEN HE
WAS DIAGNOSED WITH ALS HIMSELF. HE HAS BEEN REALLY AN INSPIRATION TO
PEOPLE THAT HE SERVED, AND HE'S UP HERE TALKING ABOUT HIS ISSUES AND HIS
HEALTH AND THE CARE THAT HE DESERVES, BUT ALSO REALLY TO KIND OF BE IN THE
PEOPLE'S HOUSE AND I REALLY WISH YOU TO PROVIDE THE CORDIALITIES OF THE
FLOOR TO DR. BOAL ON OUR BEHALF.
ACTING SPEAKER EACHUS: CERTAINLY. ON
BEHALF OF MR. EPSTEIN, THE SPEAKER AND ALL THE MEMBERS OF THE HOUSE,
WE WELCOME YOU HERE TO THE ASSEMBLY. YOUR BIO SPEAKS FOR ITSELF, I
CAN'T DO ANY BETTER THAN THAT. THANK YOU FOR ALL THE GREAT WORK YOU'VE
DONE AND ALL THE AWARDS THAT YOU CERTAINLY HAVE RECEIVED, AND MAY I
ASK THAT YOU JUST KEEP UP THAT GREAT WORK BECAUSE I KNOW YOU'RE
SOLVING MANY PROBLEMS FOR US HERE IN NEW YORK STATE. THANK YOU FOR
JOINING US TODAY.
(APPLAUSE)
PAGE 8, RULES REPORT NO. 92, THE CLERK WILL READ.
7
NYS ASSEMBLY JUNE 3, 2024
THE CLERK: ASSEMBLY NO. A01353-A, RULES
REPORT NO. 92, THIELE. AN ACT IN RELATION TO THE ELIGIBILITY OF ENROLLED
MEMBERS OF SOUTHAMPTON VILLAGE OCEAN RESCUE FOR A TAX EXEMPTION
ON REAL PROPERTY.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 8, RULES REPORT NO. 93, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01640-A, RULES
REPORT NO. 93, THIELE. AN ACT IN RELATION TO THE ELIGIBILITY OF ENROLLED
MEMBERS OF THE EAST HAMPTON VOLUNTEER OCEAN RESCUE AND AUXILIARY
SQUAD FOR A TAX EXEMPTION ON REAL PROPERTY.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
8
NYS ASSEMBLY JUNE 3, 2024
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 13, RULES REPORT NO. 179, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08934-A, RULES
REPORT NO. 179, BRONSON, SHIMSKY, LUNSFORD, RAGA, STECK,
SANTABARBARA, SIMON, ARDILA, ZINERMAN, GLICK, DAVILA, PHEFFER AMATO,
REYES, ALVAREZ, JENSEN, L. ROSENTHAL, LUCAS, JACOBSON, TAYLOR. AN
ACT TO AMEND THE LABOR LAW, IN RELATION TO REQUIRING TRAINING TO REDUCE
ABUSIVE CONDUCT AND BULLYING IN THE WORKPLACE.
ACTING SPEAKER EACHUS: ON A MOTION BY MR.
BRONSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL HAS PASSED.
PAGE 24, CALENDAR NO. 13, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00175-A, CALENDAR
NO. 13, PAULIN, OTIS, SAYEGH. AN ACT TO AMEND CHAPTER 154 OF THE
LAWS OF 1921 RELATING TO THE PORT AUTHORITY OF NEW YORK AND NEW
9
NYS ASSEMBLY JUNE 3, 2024
JERSEY, IN RELATION TO PORT AUTHORITY ORGANIZATION, APPEARANCE AND
NOTICE.
ACTING SPEAKER EACHUS: ON A MOTION BY MS.
PAULIN, 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 EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 30, CALENDAR NO. 90, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03241-A, CALENDAR
NO. 90, PAULIN, GUNTHER, L. ROSENTHAL, WOERNER, FAHY, TAYLOR,
CARROLL, JACOBSON, SIMON, SEAWRIGHT, SAYEGH, BURDICK, JEAN-PIERRE,
GONZÁLEZ-ROJAS, FORREST, WEPRIN, LEVENBERG, BICHOTTE HERMELYN. AN
ACT TO AMEND THE PUBLIC HEALTH LAW AND THE INSURANCE LAW, IN RELATION
TO PREMIUM REDUCTION FOR OBSTETRIC PRACTITIONERS WHO COMPLETE A RISK
MANAGEMENT STRATEGIES COURSE.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH
DAY.
10
NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 40, CALENDAR NO. 322, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09166-B, CALENDAR
NO. 322, LAVINE. AN ACT TO AMEND CHAPTER 455 OF THE LAWS OF 1997,
AMENDING THE NEW YORK CITY CIVIL COURT ACT AND THE CIVIL PRACTICE
LAW AND RULES RELATING TO AUTHORIZING NEW YORK CITY MARSHALS TO
EXERCISE THE SAME FUNCTIONS, POWERS AND DUTIES AS SHERIFFS WITH RESPECT
TO THE EXECUTION OF MONEY JUDGMENTS OF THE SUPREME AND FAMILY
COURTS OF THE CITY OF NEW YORK AND DEFINING THE TERM "THE SHERIFF" AS
USED THEREIN, IN RELATION TO THE EFFECTIVENESS THEREOF; AND TO AMEND THE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO NOTICE OF
EVICTION BY NEW YORK CITY MARSHALS AND ELECTRONIC FILING; AND
PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
11
NYS ASSEMBLY JUNE 3, 2024
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 45, CALENDER NO. 430, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08081-B, CALENDAR
NO. 430, BORES, LEE, BURDICK, SILLITTI, WEPRIN. AN ACT TO AMEND THE
CIVIL PRACTICE LAW AND RULES, IN RELATION TO REQUIRING PROOF OF SERVICE
TO INCLUDE THE SERVER'S PERCEPTION OF VARIOUS CHARACTERISTICS OF THE
RECIPIENT IN THE DESCRIPTION OF THE PERSON TO WHOM PERSONAL SERVICE OF
A SUMMONS WAS DELIVERED.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. BORES TO EXPLAIN YOUR VOTE.
MR. BORES: THANK YOU, MR. SPEAKER. OVER 1
MILLION NEW CIVIL ACTIONS ARE FILED EVERY YEAR IN NEW YORK TRIAL COURTS.
UNLESS A DEFENDANT WAIVES SERVICE, EACH PLAINTIFF MUST EFFECTUATE
SERVICE AND PROCESS FOR EACH DEFENDANT; IN OTHER WORDS, MUST TELL
SOMEONE THEY'RE BEING SUED. OUR LAWS REQUIRE THAT THE PROCESS SERVER
WRITE A PHYSICAL DESCRIPTION OF THE PERSON THEY SERVE, APPROXIMATE
HEIGHT, WEIGHT, ET CETERA. AND FOR DECADES, THAT'S INCLUDED THE PHRASE
"COLOR OF SKIN"; HOWEVER, FOR CERTAIN RACES THAT MEANS WRITING A TERM
THAT MANY PEOPLE CONSIDER OFFENSIVE IN THE YEAR 2024. WITH THIS BILL,
12
NYS ASSEMBLY JUNE 3, 2024
WE PREVENT OFFICIAL LEGAL DOCUMENTS IN NEW YORK STATE BEING LABELED
BY COLOR OF SKIN FOR ASIAN AMERICANS, NATIVE AMERICANS, OR ANY OTHER
PERSON THAT WANTS TO AVOID THAT. I WANT TO THANK THE NEW YORK STATE
PROFESSIONAL PROCESS SERVERS ASSOCIATION FOR THEIR SUPPORT AND
COLLABORATION ON THIS BILL, AS WELL AS MY COLLEAGUE FROM LOWER
MANHATTAN THAT IS THE CO-CHAIR OF THE AAPI TASK FORCE, THE FIRST
COSPONSOR OF THIS BILL, AS WELL AS THE AAPI TASK FORCE AS A WHOLE. I
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER EACHUS: MR. BORES IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES FOR AN ANNOUNCEMENT.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
WOULD PLEASE CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE
ROOM IMMEDIATELY.
ACTING SPEAKER EACHUS: RULES COMMITTEE TO
THE SPEAKER'S CONFERENCE ROOM IMMEDIATELY.
PAGE 47, CALENDAR NO. 463, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07939-B, CALENDAR
NO. 463, CUNNINGHAM. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO REQUIRING TELEMARKETERS TO PROVIDE CERTAIN INFORMATION NO
LATER THAN 30 SECONDS FROM THE COMMENCEMENT OF A CALL AND REQUIRING
TELEMARKETERS TO DISCLOSE THEIR ADDRESS ONLINE AND IN WRITTEN
13
NYS ASSEMBLY JUNE 3, 2024
COMMUNICATION TO CUSTOMERS.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
ON CONSENT, PAGE 21, RULES REPORT NO. 290, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A10199, RULES REPORT
NO. 290, COMMITTEE ON RULES (LUPARDO). AN ACT TO AMEND THE
AGRICULTURE AND MARKETS LAW, THE ALCOHOLIC BEVERAGE CONTROL LAW,
AND THE TAX LAW, IN RELATION TO CROP LOSS DETERMINATIONS FOR APPLES
USED IN THE PRODUCTION OF NEW YORK STATE LABELED CIDER.
ACTING SPEAKER EACHUS: ON A MOTION BY MS.
LUPARDO, 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 EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
14
NYS ASSEMBLY JUNE 3, 2024
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MS. WALSH FOR THE PURPOSES OF AN INTRODUCTION.
MS. WALSH: THANK YOU VERY MUCH, MR. SPEAKER.
SO TODAY WE'RE JOINED BY MIA COLLINS, WHO'S RIGHT IN THE BACK THERE.
MIA IS A JUNIOR AT BALLSTON SPA HIGH SCHOOL. SHE'S JOINED TODAY BY HER
FAMILY, HER FATHER, TODD; HER GRANDPA, JEFF; AND HER GRANDMA, BARBARA.
AND THIS IS -- LOOK AT THE -- LOOK AT THE SIZE OF HER, CAN YOU BELIEVE THAT
SHE'S A FANTASTIC WRESTLER. SHE CAPTURED THE 2024 NEW YORK STATE PS
-- PHSAA GIRL'S WRESTING CHAMPIONSHIP TITLE IN THE 132-POUND
DIVISION, ON JANUARY 26TH, 2024. SHE POSSESSED AN UNDEFEATED RECORD
OF 10-0 THIS PAST SEASON. SHE IS THE FIRST NEW YORK STATE GIRLS
WRESTLING CHAMPION FROM BALLSTON SPA. SHE HAS ALSO CAPTURED THE
EASTERN STATE'S CLASSIC TITLE. SHE IS A SCHOLAR ATHLETE. SHE EXCELS IN
BOTH HER ACADEMICS AND SPORTS, AND WITH HER RECENT ACCOMPLISHMENTS,
MIA HAS GARNERED A NATIONAL RANKING OF 8TH IN HER WEIGHT CLASS. SHE
FINISHED THIRD AT THE FARGO NATIONALS IN NORTH DAKOTA. JUST A FANTASTIC
SCHOLAR ATHLETE, I'M VERY HAPPY TO WELCOME HER AND HER FAMILY TO THE
NEW YORK STATE ASSEMBLY AND, MR. SPEAKER, I'M HOPING THAT YOU CAN
ALSO WELCOME HERE AND AFFORD HER ALL THE CORDIALITIES OF THE HOUSE.
ACTING SPEAKER EACHUS: CERTAINLY. ON
BEHALF OF MS. WALSH WE WOULD LIKE TO WELCOME YOU HERE, AND THE
SPEAKER AND ALL THE MEMBERS OF THE ASSEMBLY. YOU ARE ALREADY
AMAZING IN YOUR ACCOMPLISHMENTS. I DO TRULY KNOW HOW DIFFICULT IT IS
15
NYS ASSEMBLY JUNE 3, 2024
TO HAVE CAPTURED A CHAMPIONSHIP, ESPECIALLY AT THE HIGH SCHOOL LEVEL. I
HOPE YOU CONTINUE WITH YOUR SUCCESS AND I HOPE THAT ALL THE PRACTICE
AND ALL HELPS YOU IN YOUR FUTURE ENDEAVORS. THANK YOU FOR JOINING US
HERE TODAY.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10209, RULES REPORT
NO. 291, COMMITTEE ON RULES (MCDONALD, BURDICK, LEVENBERG,
SHIMSKY, DICKENS, CHANG, J.A. GIGLIO, DESTEFANO, REYES, SAYEGH,
O'DONNELL, HYNDMAN, BURGOS, GALLAHAN, BENDETT.) AN ACT TO AMEND
THE EDUCATION LAW, IN RELATION TO THE NEW YORK STATE COLLEGE CHOICE
TUITION SAVINGS PROGRAM.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. MCDONALD TO EXPLAIN HIS VOTE.
MR. MCDONALD: THANK YOU, MR. SPEAKER, AND
THANK YOU TO MY COLLEAGUES FOR SUPPORTING THIS LEGISLATION. YOU KNOW,
WE SPEND AN AWFUL LOT OF TIME AND APPROPRIATELY SO FOCUSING ON
PROVIDING A PATH FOR INDIVIDUALS TO ACCESS HIGHER EDUCATION. AS YOU
KNOW, FOR THE SECOND YEAR IN A ROW WE INCREASED A SIGNIFICANT AMOUNT
OF FUNDING FOR INDIVIDUALS ATTENDING OUR SUNY AND CUNY CAMPUSES.
16
NYS ASSEMBLY JUNE 3, 2024
AND IN THAT SAME TOKEN, A LOT OF PARENTS, WHEN THEIR CHILD IS FIRST BORN
OR EARLY ON IN LIFE, THEY START TO FOCUS ON PUTTING MONEY AWAY IN A 529
PROGRAM WITH THE HOPE THAT THIS WILL HELP AFFORD HIGHER EDUCATION FOR
STUDENTS. SOMETIMES, THIS DOESN'T HAPPEN OFTEN, BUT ACTUALLY YOU
KNOW, SOMETIMES THE STUDENT GETS A SCHOLARSHIP, WHATEVER IT MAY BE,
AND WHAT PEOPLE EARNESTLY SAVED FOR, THEY END UP HAVING A LITTLE BIT OF
MONEY LEFT OVER WHEN THE CHILD GRADUATES. AND WHEREAS IT COULD BE
USED FOR MASTER DEGREES, WHATEVER IT MAY BE, IT MAY BE THAT THAT'S NOT
THE DECISION THAT THE FAMILY WANTS TO GO. THIS LAW, AND THIS IS
SOMETHING THAT WE WORKED WITH THE STATE COMPTROLLER ON. I WANT TO
THANK OUR WAYS AND MEANS CHAIR, HELENE WEINSTEIN ON THIS AND OUR
HIGHER ED CHAIR, AS WELL AS PAT FAHY. THIS ALLOWS US TO ADOPT WHAT
THE FEDERAL GOVERNMENT ADOPTED SEVERAL YEARS AGO THAT THEY COULD JUST
AS EASILY OPEN UP A ROTH IRA TO ALLOW THAT FUNDING TO GO THERE AND NOT
HAVE A TAX CONSEQUENCE.
SO I THANK MY COLLEAGUES FOR THE SUPPORT. THIS IS A
GOOD COMMON SENSE LEGISLATION THAT MAKES PERFECT SENSE. THANK YOU.
ACTING SPEAKER EACHUS: MR. MCDONALD IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10215-A, RULES
REPORT NO. 292, COMMITTEE ON RULES (BORES, GIBBS, GALLAGHER,
FORREST, LEE, BEEPHAN, ROZIC, WOERNER). AN ACT TO AMEND THE GENERAL
17
NYS ASSEMBLY JUNE 3, 2024
BUSINESS LAW, IN RELATION TO PROHIBITING THIRD-PARTY RESTAURANT
RESERVATION SERVICES FROM ARRANGING UNAUTHORIZED RESTAURANT
RESERVATIONS WITH FOOD SERVICE ESTABLISHMENTS.
ACTING SPEAKER EACHUS: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. BORES TO EXPLAIN YOUR VOTE.
MR. BORES: THANK YOU, MR. SPEAKER. CURRENTLY
IT'S NEARLY IMPOSSIBLE TO GET A RESERVATION IN ANY HIP RESTAURANT IN NEW
YORK CITY, AND WHILE THAT'S PARTIALLY BECAUSE PEOPLE ARE GOING BACK TO
RESTAURANTS AND WE LOVE THAT, IT'S ALSO BECAUSE YOU HAVE IN-STATE AND
OUT-OF-STATE BASICALLY TICKET SCALPERS WHO ARE STARTING TO MAKE
RESERVATIONS SOLELY FOR THE PURPOSE OF RESELLING THEM AND MAKING AN
EXTRA BUCK. AND WHILE THAT MARKET MAY HAVE ALREADY EXISTED, THERE'S
NOW THESE BLACK MARKET, THIRD-PARTY PLAYERS THAT ARE CREATING AN AREA
WHERE YOU CAN SELL THESE RESERVATIONS AND ENCOURAGING PEOPLE TO MAKE
THEM. AND WHAT THAT MEANS IS THAT FAMILIES CAN'T GO OUT TO CELEBRATE
THEIR GRADUATION OR ANNIVERSARY WITHOUT PAYING 500 OR $1,000 JUST TO
GET THE TABLE. IT MEANS RESTAURANTS HAVE MORE CANCELATIONS, WHICH
HURTS THEIR BUSINESS, AND IT MEANS WORKERS ARE LOSING OUT ON TIPS.
AND SO THIS BILL SIMPLY SAYS THAT IF YOU'RE GOING TO SELL
18
NYS ASSEMBLY JUNE 3, 2024
A RESTAURANT'S RESERVATIONS YOU NEED TO HAVE AN AGREEMENT WITH THAT
RESTAURANT. YOU CAN'T COME IN ON TOP AS A MIDDLEMAN AND JUST TAKE
MONEY OUT OF OUR ECONOMY AND MAKE IT HARDER FOR EVERYONE.
SO I'M REALLY PROUD TO BE BRINGING THIS BIPARTISAN
LEGISLATION FORWARD, AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER EACHUS: MR. BORES IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10270, RULES REPORT
NO. 293, COMMITTEE ON RULES (LAVINE). AN ACT TO AMEND THE REAL
PROPERTY TAX LAW, IN RELATION TO BASE PROPORTIONS IN ASSESSING UNITS IN
NASSAU AND SUFFOLK COUNTIES.
ACTING SPEAKER EACHUS: ON A MOTION BY MR.
LAVINE, 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 EACHUS: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
19
NYS ASSEMBLY JUNE 3, 2024
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. 10270, RULES REPORT --
OH NO, WE'RE ON THE NEXT ONE. OKAY, I'M SORRY.
ASSEMBLY NO. A10273, RULES REPORT NO. 294,
COMMITTEE ON RULES (BURDICK). AN ACT TO AMEND CHAPTER 260 OF THE
LAWS OF 1954 RELATING TO THE VOLUNTEER AND EXEMPT FIREMEN'S
BENEVOLENT ASSOCIATION OF MOUNT KISCO, WESTCHESTER COUNTY, NEW
YORK, INC., IN RELATION TO THE PURPOSES AND DUTIES OF SUCH CORPORATION
AND THE USE OF FOREIGN FIRE INSURANCE PREMIUM TAXES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BURDICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(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. A10282, RULES REPORT
NO. 295, COMMITTEE ON RULES (SANTABARBARA). AN ACT TO AMEND THE
LOCAL FINANCE LAW AND CHAPTER 419 OF THE LAWS OF 1991, AMENDING
THE LOCAL FINANCE LAW AND OTHER LAWS RELATING TO PROVIDING RELIEF TO
LOCAL GOVERNMENTS FOR CERTAIN MANDATED PROGRAMS AND SERVICES, IN
20
NYS ASSEMBLY JUNE 3, 2024
RELATION TO LOCAL GOVERNMENT BORROWING PRACTICES MANDATE RELIEF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
SANTABARBARA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10334, RULES REPORT
NO. 296, COMMITTEE ON RULES (PHEFFER AMATO). AN ACT TO AMEND
CHAPTER 756 OF THE LAWS OF 2021, RELATING TO CREATING A TEMPORARY
"COMMISSION TO PREVENT CHILDHOOD DROWNING" TO IMPROVE WATER
SAFETY IN NEW YORK STATE, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. NORRIS TO EXPLAIN HIS VOTE.
MR. NORRIS: THANK YOU, MR. SPEAKER. I WANT TO
JUST TAKE THIS OPPORTUNITY TO AGAIN JUST EXPLAIN HOW IMPORTANT IT IS THAT
21
NYS ASSEMBLY JUNE 3, 2024
WE PROVIDE CHILDREN AND PEOPLE OF ALL AGE -- AGES PROPER SWIMMING
LESSONS, AND PARTICULARLY FROM AN EARLY AGE. AND THIS COMMISSION
CONTINUES TO DO ITS WORK. IT NEEDS TO BE EXTENDED UNTIL DECEMBER OF
2025, AND I WOULD LIKE TO JUST THANK THE SPONSOR OF THIS RESOLUTION -- OR
THIS BILL, ASSEMBLYWOMAN STACEY PHEFFER AMATO FOR HER CONTINUED
BIPARTISAN WORK ON MAKING SURE THAT WE BRING AWARENESS AND ATTENTION
TO THE NEED FOR SWIMMING LESSONS FOR OUR CHILDREN AND PEOPLE OF ALL
AGES THROUGHOUT THE STATE.
AND AS I HAVE MENTIONED BEFORE, SINCE 2013 THERE HAS
BEEN OVER 1,000 DEATHS DUE TO DROWNINGS IN THE STATE OF NEW YORK,
AND SINCE COVID, BELIEVE IT OR NOT, DROWNINGS CONTINUE TO RISE AT A
HIGHER PERCENTAGE THAN BEFORE. SO IT'S VERY IMPORTANT THAT WE CONTINUE
TO PUT AN EMPHASIS ON THIS PARTICULAR AWARENESS CAMPAIGN, AND ALSO I
WANT TO TAKE A MOMENT TO COMMEND THE GOVERNOR AND THE MAJORITIES
FOR THEIR WORK IN THE STATE BUDGET WHERE WE WERE ABLE TO ALLOCATE
$150 MILLION FOR OUR SWIMMING POOLS AND OUR INFRASTRUCTURE, AND ALSO
TO PROMOTE THE RENTENTION AND RECRUITMENT OF LIFEGUARDS THROUGHOUT THE
STATE. SO IN COLLABORATION OF WORKING WITH THE MAJORITIES AND THE
GOVERNORS, THIS -- AND THE GOVERNOR, THIS IS VERY IMPORTANT TO CONTINUE
TO EMPHASIZE A NEED TO BRING ATTENTION TO MAKING SURE OUR CHILDREN
RECEIVE PROPER SWIM LESSONS IN THE LONG-TERM AND I CAN GUARANTEE YOU
THIS WILL SAVE LIVES. SO THANK YOU VERY MUCH, MR. SPEAKER, FOR BEING
HEARD ON THIS BILL.
ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.
NORRIS IN THE AFFIRMATIVE.
22
NYS ASSEMBLY JUNE 3, 2024
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10341, RULES REPORT
NO. 297, COMMITTEE ON RULES (SLATER). AN ACT TO AMEND THE PUBLIC
OFFICERS LAW, IN RELATION TO WAIVING THE RESIDENCY REQUIREMENT FOR THE
COMMISSIONER OF HEALTH AND PUBLIC HEALTH DIRECTOR FOR PUTNAM
COUNTY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, MEMBERS
HAVE AT THEIR DESK AN A-CALENDAR, I WOULD LIKE TO ADVANCE -- MOVE TO
ADVANCE THAT A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
WE WILL TAKE UP THE A-CALENDAR, PAGE 3, RULES
REPORT NO. 298, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00362-A, RULES
23
NYS ASSEMBLY JUNE 3, 2024
REPORT NO. 298, BRONSON. AN ACT TO AMEND THE CRIMINAL PROCEDURE
LAW, IN RELATION TO GRANTING PEACE OFFICER STATUS TO CERTAIN SECURITY
OFFICERS EMPLOYED BY ROCHESTER REGIONAL HEALTH.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00901-A, RULES
REPORT NO. 299, MCDONALD, STECK, STIRPE, SANTABARBARA, THIELE,
HEVESI, BURDICK, BEEPHAN, NORRIS, K. BROWN, COLTON, BENDETT,
GUNTHER, PAULIN, SEAWRIGHT, LEVENBERG, LAVINE, LUNSFORD, ARDILA,
COOK, REYES, MEEKS, SAYEGH, JACOBSON, SIMPSON, DAVILA, LUPARDO,
SIMON, GALLAHAN, RAGA, WEPRIN. AN ACT TO AMEND THE INSURANCE LAW
AND THE PUBLIC HEALTH LAW, IN RELATION TO REQUIRING A UTILIZATION REVIEW
AGENT TO FOLLOW CERTAIN RULES WHEN ESTABLISHING A STEP THERAPY PROTOCOL.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MCDONALD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
24
NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECALL THE
VOTE AND LAY THIS BILL ASIDE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THE VOTE IS RECALLED,
THE BILL IS -- WE'VE WITHDRAWN THE ROLL CALL AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01194-A, RULES
REPORT NO. 300, BRAUNSTEIN, WOERNER, STECK, PAULIN, BRABENEC, STIRPE.
AN ACT TO AMEND THE STATE FINANCE LAW AND THE GENERAL MUNICIPAL
LAW, IN RELATION TO REQUIRING FULL PAYMENT FOR DELIVERED AND ACCEPTED
MATERIALS PERTAINING TO PUBLIC WORK PROJECTS; AND TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO PROHIBITING THE RETENTION OF ANY PAYMENT
DUE AND OWING A MATERIAL SUPPLIER FOR A CONSTRUCTION PROJECT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR, TO EXPLAIN MY VOTE.
ON ITS FACE, THIS APPEARS TO BE A REASONABLE REQUIREMENT TO ELIMINATE
RETAINAGE ON MATERIALS THAT ARE DELIVERED AND ACCEPTED. THE PROBLEM
25
NYS ASSEMBLY JUNE 3, 2024
IS THAT WHEN WE BY STATUTE ELIMINATE RETAINAGE MATERIALS, WE NEED TO
RECOGNIZE THAT NOT ALL MATERIALS ARE THE SAME. SOME MATERIALS, LIKE
CONCRETE BLOCKS AND LUMBER, CAN STAY OUT IN WEATHER WITHOUT ANY
PROBLEM UNTIL THEY'RE NEEDED. OTHER MATERIALS ARE VERY, VERY SENSITIVE
TO WEATHER AND IT'S VERY, VERY IMPORTANT THAT THEY'RE DELIVERED ONLY
WHEN NEEDED. FOR EXAMPLE, DRY WALL OR CONCRETE OR MORTAR MIX AND
BAGS. AND SO THE CONCERN THAT YOU HAVE IS WHEN YOU SAY THERE IS NO
RETAINAGE ON ANY MATERIALS AS IT PROVIDES A FINANCIAL INCENTIVE FOR
SUPPLIERS TO DELIVER SOME MATERIALS TOO SOON KNOWING THAT THEY GET
PAID RIGHT AWAY.
AND SO IN THE PAST WHEN THIS LAST CAME UP IN 2015,
THERE WERE 37 NO-VOTES BECAUSE WE WANTED TO GIVE LOCAL MUNICIPALITIES
THE AUTHORITY TO DECIDE FOR THEMSELVES ON WHAT MATERIALS TO HAVE A
RETAINAGE AND WHAT MATERIALS SHOULD BE PAID FOR IMMEDIATELY. I WILL BE
VOTING NO BECAUSE I THINK THAT IS STILL THE RESPONSIBILITY AND, AND
APPROPRIATELY SO, FOR A MUNICIPALITY ENGAGING IN THE CONSTRUCTION
PROJECT TO DECIDE WHEN AND WHERE THEY NEED RETAINAGE, AND WHEN AND
WHERE THEY CAN WAIVE IT, AND WE SHOULDN'T, BY LAW, OVERRIDE ANY LOCAL
GOVERNMENT'S DECISION.
SO FOR THAT REASON, I'LL BE VOTING AGAINST IT. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: MR. BROWN TO
EXPLAIN HIS VOTE.
MR. A. BROWN: THANK YOU, MR. SPEAKER. THERE
SEEMS TO BE SOME CONFUSION ON THE BOARD --
26
NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER AUBRY: ONE MINUTE, MR.
BROWN. GENTLEMEN, LADIES; THANK YOU.
MR. A. BROWN: THERE SEEMS TO BE SOME CONFUSION
ON THE BOARD AND MY ESTEEMED COLLEAGUE'S GOING TO RESEARCH AND FIGURE
OUT WHY IT SAYS PRIVATE, BECAUSE THE WHOLE BILL SPEAKS ONLY TO PUBLIC,
BUT EITHER WAY I'VE BEEN IN THE CONSTRUCTION BUSINESS FOR FIVE DECADES,
SEEMS LIKE EVERY SINGLE ENTITY THAT HAS ANYTHING TO DO WITH THE
CONSTRUCTION INDUSTRY IS AGAINST THIS. I THINK IT'S WHAT WE DO EVERY
SINGLE DAY, YOU HAVE TO HAVE RETAINAGE. JUST LIKE MR. GOODELL SAID,
THERE'S AN ISSUE WHERE YOU JUST CAN'T ACCEPT ALL MATERIALS AND THIS
WOULD BE SO DETRIMENTAL TO THE ENTIRE CONSTRUCTION INDUSTRY THAT'S WHY
EVERYBODY'S AGAINST IT.
SO FOR THAT REASON, I'LL BE VOTING IN THE NEGATIVE -- I
VOTE IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. BROWN IN THE
NEGATIVE.
MR. BRAUNSTEIN TO EXPLAIN HIS VOTE.
MR. BRAUNSTEIN: THANK YOU, MR. SPEAKER. THIS
BILL IS PRETTY SIMPLE. IT DEALS WITH MATERIAL SUPPLIERS. IF A MATERIAL
SUPPLIER DROPS OFF THEIR GOODS, WHICH UNDER THE BILL HAVE TO BE COVERED
BY WARRANTY OR GRADED, THEY ARE REQUIRED TO BE PAID IN FULL. SO
SOMEONE GETS TO A CONSTRUCTION SITE, THEY'RE DELIVERING MATERIALS,
SUPPLIES, THEY'RE COVERED UNDER WARRANTY OR GRADED, THE BUILDER HAS THE
OPPORTUNITY TO INSPECT THE GOODS. IF THEY'RE CONFORMING AND THEY'RE
ACCEPTED, THEY'RE REQUIRED TO PAY IN FULL. RIGHT NOW, MATERIAL SUPPLIERS
27
NYS ASSEMBLY JUNE 3, 2024
DROP OFF, LET'S SAY LUMBER, AND THEY GET PAID 90 TO 95 PERCENT OF THE
COST OF THE GOODS, AND THEN THEY HAVE TO WAIT SOMETIMES SEVERAL YEARS
BEFORE THEY GET PAID THE OTHER 5 TO 10 PERCENT. A LOT OF TIMES, THAT'S
THEIR MARGIN. AND ALL THE WHILE THEY'VE SIMPLY DELIVERED THE GOODS AS
REQUIRED, THEY WERE CONFORMING, AND IT'S ONLY APPROPRIATE THAT THEY'RE
PAID IN FULL ONCE THEIR PART OF THE BARGAIN IS COMPLETED. SO I URGE MY
COLLEAGUES TO VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. BRAUNSTEIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01619-A, RULES
REPORT NO. 301, L. ROSENTHAL, SIMON, BRONSON, DILAN. AN ACT TO
AMEND THE INSURANCE LAW, IN RELATION TO PROHIBITING INSURERS FROM
RESTRICTING OR IMPOSING DELAYS IN THE DISTRIBUTION OF ANTIRETROVIRAL
PRESCRIPTION DRUGS TO CERTAIN PERSONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01696-C, RULES
REPORT NO. 302, HUNTER, RAGA, WEPRIN, CRUZ, SHIMSKY. AN ACT TO
AMEND THE INSURANCE LAW, IN RELATION TO REQUIRING CERTAIN INSURANCE
POLICIES ALLOW PATIENTS ADDITIONAL SCREENINGS FOR BREAST CANCER WHEN
THE PROVIDER DEEMS SUCH SCREENING IS NECESSARY UNDER NATIONALLY
28
NYS ASSEMBLY JUNE 3, 2024
RECOGNIZED CLINICAL PRACTICE GUIDELINES; AND TO REPEAL CERTAIN
PROVISIONS OF SUCH LAW RELATING THERETO.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2026.
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. A02740-B, RULES
REPORT NO. 303, PAULIN, WALLACE, SIMONE, SIMON, LAVINE, RAGA,
HEVESI, LEVENBERG, SAYEGH, BURDICK, SHIMSKY, OTIS, BURGOS, GIBBS,
TAYLOR, ZACCARO, DAVILA, MCDONALD. AN ACT TO AMEND THE STATE
FINANCE LAW, IN RELATION TO STATE AGENCY CONTRACTS WITH NOT-FOR-PROFIT
CORPORATIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
29
NYS ASSEMBLY JUNE 3, 2024
THE CLERK: ASSEMBLY NO. A02987, RULES REPORT
NO. 304, ZEBROWSKI. AN ACT TO AMEND THE TAX LAW AND THE CIVIL
PRACTICE LAW AND RULES, IN RELATION TO PERMITTING CONSENT FOR SERVICE
IN THE FORM OF MAGNETIC TAPE OR THROUGH ELECTRONIC MEANS FOR CERTAIN
COLLECTION PROCEDURES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03119-A, RULES
REPORT NO. 305, JONES. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION
TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "SAMUEL
TROMBLEY MEMORIAL BRIDGE."
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
30
NYS ASSEMBLY JUNE 3, 2024
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES,
IF YOU COULD TURN OUR ATTENTION TO OUR DEBATE CALENDAR, AND WE'RE GOING
TO START WITH CALENDAR NO. 82 BY MR. DINOWITZ, FOLLOWED BY CALENDAR
NO. 361 BY MR. EPSTEIN.
ACTING SPEAKER AUBRY: PAGE 29, CALENDAR
NO. 82, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02882, CALENDAR NO.
82, DINOWITZ, TAPIA, WEPRIN, KELLES, FORREST, RAGA, EPSTEIN. AN ACT
TO AMEND THE PENAL LAW, IN RELATION TO WARNINGS TO BE POSTED AND
PROVIDED BY FIREARMS DEALERS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND AN EXPLANATION IS REQUESTED, SIR.
MR. DINOWITZ: OKAY. THE PURPOSE OF THIS BILL IS
TO PROVIDE INDIVIDUALS SEEKING A LICENSE FOR OR THE PURCHASE OF A
FIREARM OR WEAPON OF THE DANGERS OF OWNERSHIP, INCLUDING THE
INCREASED RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND THE
UNINTENTIONAL DEATH TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS, AND OF
THE AVAILABILITY OF THE 9-8-8 NATIONAL SUICIDE PREVENTION HOTLINE.
ACTING SPEAKER AUBRY: MR. MORINELLO.
MR. MORINELLO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL
YOU YIELD?
31
NYS ASSEMBLY JUNE 3, 2024
MR. DINOWITZ: OF COURSE I'LL YIELD, CERTAINLY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. MORINELLO: THANK YOU. AS I READ THIS, THIS
IS AN AMENDMENT TO THE PENAL LAW; AM I NOT CORRECT?
MR. DINOWITZ: YES.
MR. MORINELLO: OKAY. IS THERE A CERTAIN
CATEGORY THAT THIS WILL BE CLASSIFIED VIOLATION, MISDEMEANOR OR FELONY,
AND WHAT DEGREE?
MR. DINOWITZ: I BELIEVE WE'RE TALKING ABOUT A --
THAT WOULD BE A MISDEMEANOR -- OH, IT'S A VIOLATION. IT SAYS A VIOLATION;
YEAH, A VIOLATION.
MR. MORINELLO: A VIOLATION. NOW, ACCORDING TO
THIS, A VIOLATION WOULD BE 15 DAYS OF INCARCERATION AND $1,000 FINE; AM
I CORRECT?
MR. DINOWITZ: YES.
MR. MORINELLO: NOW, CURRENTLY IN A VIOLATION,
ISN'T THAT THE MAXIMUM AMOUNT OF FINE, $250?
MR. DINOWITZ: WELL, ON THIS VIOLATION IT WOULD BE
UP TO $1,000.
MR. MORINELLO: OKAY. SO THIS WOULD -- MY
UNDERSTANDING THEN, THIS WOULD BE THE ONLY VIOLATION THAT THE FINE
WOULD BE $1,000, MORE THAN THE --
MR. DINOWITZ: I'M NOT -- I'M NOT SURE. I DON'T
KNOW ABOUT OTHER VIOLATIONS.
32
NYS ASSEMBLY JUNE 3, 2024
MR. MORINELLO: ALL RIGHT. THANK YOU. NOW,
THIS SAYS THAT A LICENSING OFFICER HAS THAT OBLIGATION EVERY TIME THEY
ISSUE A LICENSE OR AN AMENDMENT ON A PERMIT; AM I CORRECT ON THAT?
MR. DINOWITZ: MM-HMM.
MR. MORINELLO: I'M SORRY?
MR. DINOWITZ: YES.
MR. MORINELLO: OKAY. NOW, THERE'S A SECTION IN
THE BILL, AND I'M GOING TO GO TO LINE 17, 18, 19 AND 20, BUT BASICALLY, NO
LICENSING OFFICER SHALL BE, OR AN EMPLOYEE THEREOF SHALL BE LIABLE TO ANY
PERSON ET CETERA, ET CETERA IN CONNECTION WITH THE IMPLEMENTATION OR
ENFORCEMENT OF THIS SUBDIVISION. SO AM I TO UNDERSTAND THAT IF A
LICENSING OFFICER ADDS A PISTOL TO A LAWFULLY-ISSUED PISTOL PERMIT AND
THEY DO NOT, THAT THEY'RE SUBJECT TO THIS PENALTY AND THEY'RE SUBJECT TO
THE CRIMINAL CHARGE, ALSO?
(PAUSE)
MR. DINOWITZ: YES, YES.
MR. MORINELLO: OH, OKAY. THANK YOU.
MR. MORINELLO: THANK YOU. NOW, THERE'S
ANOTHER PART THAT BASICALLY SAYS THEY HAVE TO BE PLACED IN TWO LOCATIONS
IN RETAIL STORES OR THOSE THAT SELL GUNS; ONE AT THE ENTRANCE AND THEN ONE
AT ANOTHER CONSPICUOUS PLACE; AM I CORRECT?
MR. DINOWITZ: YES.
MR. MORINELLO: NOW, WHEN YOU GET STORES LIKE
BASS PRO, CABELA'S AND DICK'S, WHICH MAY HAVE MULTIPLE ENTRANCES,
OKAY, IS THERE A SPECIFIC ENTRANCE THAT THIS HERE IS DIRECTED TO OR CAN
33
NYS ASSEMBLY JUNE 3, 2024
THEY BE AT ONE ENTRANCE, SOMEBODY ENTERS ANOTHER ENTRANCE, DOESN'T SEE
IT AND THEN THEY BRING A CLAIM OF A VIOLATION.
MR. DINOWITZ: IT SAYS THE ENTRANCE, SO --
MR. MORINELLO: WELL, IF THERE'S MULTIPLE
ENTRANCES --
MR. DINOWITZ: WELL, I UNDERSTAND BUT IT -- IT SAYS
THE ENTRANCE, IT SAYS TWO PLACES. SO THE SECOND PLACE COULD BE THE
OTHER ENTRANCE.
MR. MORINELLO: OKAY. WELL, THIS SAYS IN
ANOTHER CONSPICUOUS PLACE WHERE THEIR TRANSACTIONS ARE BEING TAKING
PLACE. SO I JUST WANT TO KNOW, WHAT WOULD THEY DO IN -- IN A LOCATION
THAT HAS MULTIPLE ENTRANCES? WHAT'S THEIR OBLIGATIONS?
MR. DINOWITZ: ACCORDING TO THE BILL IT SAYS "THE
ENTRANCE", SO THAT WOULD BE ONE ENTRANCE.
MR. MORINELLO: ONE ENTRANCE. ALL RIGHT. SO IF
THEY -- IF THEY HAVE MULTIPLE ENTRANCES LIKE SOME OF THE MALLS DO WHERE
YOU HAVE AN OUTSIDE ENTRANCE INTO A FACILITY AND THEN ONE FROM THE
INSIDE. IF THEY PLACE IT ON THE INSIDE, SOMEONE ENTERS FROM THE OUTSIDE,
THAT IS NOT A VIOLATION, THEN; AM I CORRECT?
MR. DINOWITZ: NO, BUT IT -- IT'S GOTTEN ME TO
THINKING THAT MAYBE I SHOULD INTRODUCE ANOTHER BILL SAYING THAT IT
SHOULD BE AT EVERY ENTRANCE --
MR. MORINELLO: WELL, I'M JUST ASKING --
MR. DINOWITZ: -- BUT THAT WILL BE NEXT TIME.
MR. MORINELLO: -- ON THIS BILL. THAT'S WHAT I'M
34
NYS ASSEMBLY JUNE 3, 2024
-- I'VE --
MR. DINOWITZ: THIS BILL JUST SAYS THE ENTRANCE --
MR. MORINELLO: OKAY.
MR. DINOWITZ: -- IN THE SINGULAR.
MR. MORINELLO: NOW, IS A WEBSITE POSTING OR A
ELECTRONIC POSTING SUFFICIENT IN THE PREMISES?
MR. DINOWITZ: IT DOESN'T SAY THAT.
MR. MORINELLO: OKAY. WELL, I'M JUST ASKING. SO
IT DOESN'T SAY IT BUT IT DOESN'T SAY IT ISN'T, EITHER, CORRECT?
MR. DINOWITZ: YOU'RE NOT -- YOU'RE NOT PROHIBITED
FROM POSTING SOMETHING ON THE WEBSITE --
MR. MORINELLO: ALL RIGHT.
MR. DINOWITZ: -- BUT THIS SPECIFICALLY SAYS THAT
YOU HAVE TO POST AT THE ENTRANCE AND AT ANOTHER LOCATION THAT'S
CONSPICUOUS.
MR. MORINELLO: NOW, IN READ -- IN READING THIS
WARNING IT TALKS ABOUT SUICIDE. NOW, ARE THERE OTHER INSTRUMENTS THAT
CAN BE UTILIZED TO COMMIT SUICIDE?
MR. DINOWITZ: YES.
MR. MORINELLO: OKAY. SO ROPE IS ONE FOR
HANGING, CORRECT?
MR. DINOWITZ: ROPE IS A -- IT COULD BE AN
INSTRUMENT OF SUICIDE.
MR. MORINELLO: SO DO HOME -- HOME REPAIR,
HOME -- SOMETHING LIKE HOME DEPOT, DO THEY HAVE TO POST A WARNING
35
NYS ASSEMBLY JUNE 3, 2024
NEAR THEIR ROPE THAT IT COULD BE USED AND THEY SHOULD CALL THE CRISIS
HOTLINE?
MR. DINOWITZ: THERE ARE MANY THINGS THAT COULD
BE USED FOR SUICIDE. A ROPE, A POCKET KNIFE, A SWITCHBLADE, A HUNTING
KNIFE, A STEAK KNIFE, A BOTTLE OF PILLS. A WINDOW IF YOU'RE ON A HIGH
FLOOR. THERE ARE -- THERE ARE MANY DIFFERENT THINGS. WHAT
DISTINGUISHES FIREARMS FROM EVERYTHING ELSE IS THAT A VERY HIGH
PERCENTAGE OF SUICIDES IN THIS COUNTRY ARE DONE THROUGH FIREARMS, NOT
THROUGH ROPE.
MR. MORINELLO: OKAY. NOW, THERE'S ANOTHER
SECTION THAT SAYS "DANGER TO CHILDREN", OKAY, AND KNIVES ARE VERY
DANGEROUS. IS THERE ANY REQUIREMENT THAT THIS BE POSTED IN A KITCHEN
SUPPLY STORE THAT HAS KNIVES THAT CHILDREN CAN ACCESS?
MR. DINOWITZ: NOT IN THIS BILL.
MR. MORINELLO: OKAY. AND AM I TO UNDERSTAND
IN ORDER TO PURCHASE A WEAPON YOU HAVE TO BE A LICENSED PERMIT HOLDER,
CORRECT?
MR. DINOWITZ: YOU HAVE TO HAVE A LICENSE, THAT'S
CORRECT.
MR. MORINELLO: YOU HAVE TO HAVE A LICENSE.
AND UNDER NEW YORK STATE LAW, DON'T YOU HAVE TO GO THROUGH
EXTENSIVE TRAINING INCLUDING SHOOTING TRAINING BEFORE YOU'RE ISSUED THAT
LICENSE?
MR. DINOWITZ: WELL, SHOOTING TRAINING, I DON'T
KNOW THAT HAS -- THAT HAS A DIRECT CONNECTION ON WHETHER OR NOT --
36
NYS ASSEMBLY JUNE 3, 2024
MR. MORINELLO: OH, IT DOESN'T. I'M JUST TALKING
--
MR. DINOWITZ: -- SOMEBODY -- SOMEBODY SHOULD
BE MADE AWARE --
MR. MORINELLO: -- ABOUT GENERAL --
MR. DINOWITZ: -- OF THE POTENTIAL FOR SUICIDE.
MR. MORINELLO: I'M SORRY, YOU WERE SPEAKING. I
APOLOGIZE.
MR. DINOWITZ: THAT'S QUITE OKAY.
MR. MORINELLO: BUT MY QUESTION GOES TO MORE
THE TRAINING THAT SOMEONE HAS A PISTOL PERMIT IS SO EXTENSIVE UNDER THE
RULES THAT OUR GOVERNOR HAS PUT IN THAT IT SEEMS DISINGENUOUS TO HAVE
TO REPEAT THIS EVERY SINGLE TIME THAT PERSON ADDS ANOTHER WEAPON TO
THEIR PERMIT. BUT BE WHAT IT MAY.
NOW, IS THERE ANY MONETARY ASSISTANCE TO THE LOCAL
POLICE FORCES? BECAUSE THIS PUTS THAT BURDEN ON THEM, OKAY, AND IT
WOULD SEEM THAT THAT BURDEN WOULD HAVE TO BE THAT THEY WOULD
ACTUALLY HAVE TO MAYBE GO IN INCOGNITO TO SEE WHETHER THEY'RE
COMPLYING OR NOT. SO IS THERE ANY MONETARY?
MR. DINOWITZ: THE COST OF -- OF IMPLEMENTING
THIS OF COURSE WOULD VARY, BUT WE'RE TALKING ABOUT PRINTING SOMETHING.
YOU GO INTO A XEROX PLACE AND MAYBE IT'S A QUARTER, 25 CENTS. SOME
PLACE MIGHT EVEN BE CHEAPER. THERE -- THERE'S REALLY VERY LITTLE EXPENSE
HERE IN TERMS OF -- IN TERMS OF LAW ENFORCEMENT. I MEAN, I WOULD HOPE
LAW ENFORCEMENT WOULD PAY AN OCCASIONAL VISIT TO STORES SUCH AS THESE
37
NYS ASSEMBLY JUNE 3, 2024
THAT SELL WEAPONS WHICH CAN BE USED FOR SUICIDE IN SO MANY CASES. SO
-- SO THIS BILL, WE'RE NOT TRYING TO REALLY PUT A BIG BURDEN. I MEAN, SO
WE TYPED THIS UP. THIS IS AN 8.5X11 PIECE OF PAPER AT 26-POINT TYPE,
AND THE BILL SAYS THE WARNING HAS TO BE ON -- ON SOMETHING AT LEAST
8.5X11, SO IT CAN BE BIGGER THAN THIS BUT THIS IS THE SMALLEST. AND IT
COULD BE A LARGER FONT THAN THIS. I DON'T REALLY THINK THAT TAKE -- TYPING
THIS UP AND PASTING IT ON THE ENTRANCE TO YOUR STORE IS SUCH A BIG
BURDEN, ESPECIALLY WHEN WE'RE TALKING ABOUT THE NUMBER OF SUICIDES
FROM FIREARMS THAT TAKE PLACE IN THIS COUNTRY. IN 2020, JUST AS ONE
EXAMPLE, THE CENTERS FOR DISEASE CONTROL RELEASED DATA SHOWING THAT
24,292 SUICIDES OCCURRED THROUGH THE USE OF GUNS; 50 -- OVER 50
PERCENT OF ALL GUN-RELATED DEATHS. SO A LOT OF PEOPLE DIE FROM GUNS, BUT
MOST PEOPLE ASSUME IT'S FROM, YOU KNOW, BAD GUYS MURDERING PEOPLE,
WHICH IS A HORRIBLE THING, OBVIOUSLY. BUT, IN FACT, THE MAJORITY COMES
FROM SUICIDE. SO IF WE COULD JUST DO THIS LITTLE TEENY THING OF PASTING
THIS 8.5X11 PIECE OF PAPER, IT WILL BE A GOOD THING.
MR. MORINELLO: MR. SPONSOR, I THINK YOU
MISUNDERSTOOD MY QUESTION. THE ENFORCEMENT PART, IN ORDER FOR A
POLICE DEPARTMENT -- THEY MAY HAVE TO EMPLOY OR UTILIZE THEIR
DETECTIVES TO MAYBE DO SOME INCOGNITO CHECKING WHETHER THE STORES
ARE COMPLYING. I WASN'T TALKING ABOUT THE PRINTING OF THE ACTUAL
WARNING. I WAS MORE TALKING ABOUT --
MR. DINOWITZ: WELL, I FIGURED I'D THROW THAT IN.
MR. MORINELLO: -- ENFORCEMENT, OKAY? AND
THEN WOULD -- WOULD IT BE -- THIS BEING A VIOLATION, WHO WOULD YOU
38
NYS ASSEMBLY JUNE 3, 2024
ANTICIPATE WOULD BE THE ONE PROSECUTING THIS, THE TOWN ATTORNEY,
DISTRICT ATTORNEY'S OFFICE?
MR. DINOWITZ: AS -- AS OPPOSED TO WHO ELSE?
WHO ELSE WOULD?
MR. MORINELLO: WELL, I DON'T KNOW. WHO WOULD
-- WHO WOULD YOU ANTICIPATE WOULD BE PROSECUTING A VIOLATION OF THIS?
MR. DINOWITZ: WELL, IT COULD BE THE DISTRICT
ATTORNEY FOR SURE, AND IN TERMS OF THE POLICE, I DON'T THINK THE POLICE
WOULD HAVE TO GO INTO A STORE INCOGNITO, THEY COULD JUST WALK IN.
EITHER THE SIGN IS SOMEWHERE OR IT'S NOT SOMEWHERE.
MR. MORINELLO: BUT THERE ALSO IS THE OBLIGATION
AT THE PURCHASE TO HAND THAT AGAIN, CORRECT? SO...
MR. DINOWITZ: WELL, MY HOPE WOULD BE THAT THE
PEOPLE WHO SELL THESE GUNS WOULD JUST OBEY THE LAW. I MEAN, WE HAVE
A LOT OF LAWS WHERE WE DON'T NECESSARILY HAVE SOMEBODY STANDING THERE
WAITING EACH TIME TO CATCH SOMEBODY NOT DOING IT, BUT RATHER THE MERE
EXISTENCE OF THE LAW WOULD RESULT IN PEOPLE DOING WHAT THEY'RE
SUPPOSED TO DO. I MEAN, YOU KNOW, WE HAVE LAWS THAT SAY YOU CAN'T
MURDER PEOPLE, WE DON'T HAVE A COP ON EVERY -- EVERY CORNER WATCHING
FOR THAT. MOST PEOPLE OBEY THESE LAWS, AND THAT -- AND IF WE PASS THIS
AND MAKE IT INTO A LAW, I WOULD IMAGINE THAT MOST OF THESE FIREARMS
DEALERS, BEING THAT THEY'RE LAW-ABIDING CITIZENS, WOULD JUST DO THE RIGHT
THING AND OBEY THE LAW.
MR. MORINELLO: THANK YOU. IS THERE ANY
PROVISIONS FOR ILLEGAL GUN OWNERS?
39
NYS ASSEMBLY JUNE 3, 2024
MR. DINOWITZ: ILLEGAL -- WE ALREADY HAVE
PROVISIONS FOR ILLEGAL GUNS.
MR. MORINELLO: FOR THE SIGNAGE TO WARN THEM
THAT THAT COULD BE FOR SUICIDE.
MR. DINOWITZ: WELL, I DON'T THINK YOU'RE GOING
INTO A GUN STORE TO BUY AN ILLEGAL GUN, YOU DO THAT IN OTHER WAYS, I
SUPPOSE.
MR. MORINELLO: SO THOSE WITH ILLEGAL GUNS OR
GUNS ON THE IRON PIPELINE, THEY WOULD BE -- THEY WOULD HAVE NO
KNOWLEDGE OF THIS, THEY'RE NOT OBLIGATED. SO THIS IS REALLY DIRECTED TO
LICENSED, LEGAL GUN PURCHASERS, CORRECT?
MR. DINOWITZ: YES.
MR. MORINELLO: OKAY. THANK YOU. THANK YOU.
ON THE BILL.
MR. DINOWITZ: YOU'RE WELCOME.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MORINELLO: IT JUST SEEMS THAT THE FOCUS IS TO
BE AN IMPEDIMENT TO LAWFUL GUN OWNERSHIP. MOST PEOPLE KNOW WHAT
THESE -- WHAT THE DANGERS ARE. MOST PEOPLE WHO HAVE A GUN OR A
WEAPON HAVE ALREADY GONE THROUGH THE COURSE. THEY'VE ALREADY TAKEN
EXTENSIVE TRAINING AND -- BEFORE THEY'RE ALLOWED THEIR LICENSE. SO I
BELIEVE THAT -- I -- I JUST WANT TO PROPOSE THIS, THIS MAY BE JUST AN
ADDITIONAL BURDEN OR JUST AN ADDITIONAL ATTEMPT TO IMPLEMENT GUN
CONTROL IN THE STATE OF NEW YORK.
THANK YOU VERY MUCH.
40
NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER AUBRY: 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: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO WISH
TO SUPPORT IT SHOULD VOTE YES ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GONNA BE IN FAVOR OF
THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD
DESIRE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I SOMETIMES THINK
THAT SOMETIMES WE OVER-LEGALIZE ISSUES OR WE OVERSATURATE ISSUES, BUT
IN THIS CASE I DON'T THINK SO MUCH SO. AND I'M SAYING THAT FROM THE
PERSPECTIVE OF A PERSON WHO ACTUALLY HAS A PERMIT TO CARRY A LEGAL
41
NYS ASSEMBLY JUNE 3, 2024
WEAPON, AND MANY OF THE ISSUES THAT ARE RAISED IN THIS PIECE OF
LEGISLATION WERE NOT RAISED TO ME AT THAT MOMENT. NOW, BY THE WAY, I
AND MYSELF AND OTHERS LIKE ME HAVE EDUCATED OURSELVES ABOUT PROPER
USE, PROPER STORAGE AND WHERE HELP -- WHERE YOU CAN GET HELP AT, BUT IT
DOESN'T MEAN THAT EVERY ONE DOES THAT. AND AS LONG AS I THINK IT'S OKAY
FOR US TO LEGALLY ALLOW SOMEONE TO CARRY A WEAPON, THEN THEY SHOULD
NOT BE -- TAKE EXCEPTION TO BEING INFORMED. THE BEST CONSUMER WE CAN
EVER HAVE IS ONE THAT'S EDUCATED, AND I THINK THIS LEGISLATION DOES THAT
AND I REALLY DO WANT TO HONOR THE SPONSOR FOR INTRODUCING IT.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MRS. GUNTHER TO EXPLAIN HER VOTE.
MRS. GUNTHER: YOU KNOW, I -- I WAS THINKING
ABOUT, YOU KNOW, YOU KNOW THAT WHERE I LIVE AND I HAVE -- I OWN A
HUNTING CAMP, ET CETERA, BUT I REALLY THINK THAT THERE'S NO REASON WHY
WE CAN'T DO WARNINGS TO BE POSTED. I THINK IT'S HEALTHY AND I THINK IT'S
GOOD AND IT REMINDS PEOPLE. IT'S JUST LIKE WHEN YOU GO TO THE BATHROOM
IT SAYS WASH YOUR HANDS AND -- SO THAT YOU DON'T GET A DISEASE OR CARRY A
DISEASE. I -- I THINK THIS IS REALLY A GOOD THING TO DO, TO POST SOMETHING
LIKE THIS.
SO I'LL BE IN THE AFFIRMATIVE. I'M A GUN OWNER, I OWN A
HUNTING CAMP, BUT I'M IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MRS. GUNTHER IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
42
NYS ASSEMBLY JUNE 3, 2024
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 42, CALENDAR NO. 361, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00494-B, CALENDAR
NO. 361, EPSTEIN, ROZIC, DAVILA, CLARK, CRUZ, KELLES, REYES,
CUNNINGHAM, GONZÁLEZ-ROJAS, ARDILA. AN ACT TO AMEND THE ELECTION
LAW, IN RELATION TO NOTIFYING CANDIDATES OF DESIGNATION FOR CERTAIN
COUNTY COMMITTEES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
EPSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MR. EPSTEIN. BUT WE'RE
GONNA WAIT A MINUTE BECAUSE WE HAVE LOTS OF ACTION AND A LOT OF
CONVERSATIONS IN YOUR AREA. LADIES AND GENTLEMEN, WE ARE ON DEBATE.
EVERYBODY IN THE AREA BACK OVER THERE, WOULD YOU PLEASE TAKE YOUR
SEATS OR TAKE THE CONVERSATION OUT OF THE ROOM?
(PAUSE)
OKAY, MR. EPSTEIN. I THINK WE'VE GOTTEN IT AS QUIET AS
IT'S GONNA GET.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. THIS BILL
AMENDS SECTION 6-134 OF THE ELECTION LAW, ADDING A NEW SUBDIVISION
TO REQUIRE THE BOARD OF ELECTIONS TO NOTIFY EACH CANDIDATE RUNNING FOR
A COUNTY COMMITTEE IN THEIR DESIGNATED PARTY POSITION, AND THE NOTICE
SHALL INFORM PEOPLE WHO ARE RUNNING FOR THESE POSITIONS THE
OPPORTUNITY TO DECLINE SUCH DESIGNATION.
43
NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER AUBRY: MR. NORRIS.
MR. NORRIS: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MR. EPSTEIN?
MR. EPSTEIN: I'M HAPPY TO YIELD.
ACTING SPEAKER AUBRY: MR. EPSTEIN YIELDS,
SIR.
MR. NORRIS: THANK YOU, MR. EPSTEIN. MY FIRST
QUESTION FOR YOU IS WHAT IS THE PURPOSE OF THIS LEGISLATION? WHY ARE
YOU BRINGING IT FORWARD?
MR. EPSTEIN: THE PURPOSE OF THE BILL IS, YOU KNOW,
WE'VE HAD A HISTORY IN NEW YORK OF PEOPLE RUNNING FOR A COUNTY
COMMITTEE THAT THEY DIDN'T EVEN KNOW THEY WERE ON THE BALLOT. THIS
JUST REQUIRES THE BOARD OF ELECTIONS TO NOTIFY EVERYONE RUNNING FOR THE
COUNTY COMMITTEE THAT THEY'RE RUNNING, AND THE OPPORTUNITY TO --TO
DECLINE SUCH DESIGNATION IF THEY DON'T WANT TO CONTINUE TO RUN.
MR. NORRIS: OKAY. HAS THE BILL BEEN AMENDED
SINCE ITS ORIGINAL FORM?
MR. EPSTEIN: THIS BILL HAS BEEN AMENDED
NUMEROUS TIMES.
MR. NORRIS: IS THERE A TIME FRAME LONGER THAN THE
TRADITIONAL DECLINATION OR ACCEPTANCE PERIOD?
MR. EPSTEIN: IT IS NOT.
MR. NORRIS: OKAY. AND WHEN DOES THE BOARD OF
ELECTIONS HAVE TO MAIL THE NOTICE UPON THE FILING OF THE COUNTY
44
NYS ASSEMBLY JUNE 3, 2024
COMMITTEE PETITION?
MR. EPSTEIN: THEY -- THEY HAVE TO MAIL THE NOTICE
IN THE REGULAR COURSE OF THEIR BUSINESS, AS THEY MAIL OTHER NOTICES OUT TO
CANDIDATES.
MR. NORRIS: OKAY. AND DO YOU KNOW WHAT THE
ESTIMATED COST IS TO DO THE MAILING IN NEW YORK CITY?
MR. EPSTEIN: I DON'T, BUT, YOU KNOW, A STAMP TIMES
HOW MANY PEOPLE ON COUNTY COMMITTEE. IT'S A FORM THAT THEY GENERATE
FOR OTHER POSITIONS LIKE IF WE RUN FOR POSITIONS AND THEY NOTIFY US THAT
WE'RE RUNNING, WE HAVE THE OPPORTUNITY TO DESIGNATE -- IT'S HARD TO
KNOW HOW MANY PEOPLE THEY'RE GONNA BE MAILING TO, BUT MY GUESS IS,
YOU KNOW, A FEW HUNDRED UP TO MAYBE A FEW THOUSAND. BUT THAT'S
REALLY IT, JUST THE MAILING COST.
MR. NORRIS: OKAY. BECAUSE TYPICALLY THERE'S, LIKE,
TWO TO FOUR COMMITTEE PEOPLE PER ELECTION DISTRICT, DEPENDING ON
WHERE THEY ARE.
MR. EPSTEIN: YEAH, YOU KNOW, IN MY DISTRICT
THERE'S, YOU KNOW, ABOUT 150 TO 200 PEOPLE WHO RUN FOR COUNTY
COMMITTEE. THERE ARE PERIODICALLY A LOT OF VACANCIES ON A LOT OF
COUNTY COMMITTEES, SO THERE MIGHT BE -- YOU KNOW, EVEN THOUGH THERE
MIGHT BE 100 POSITIONS AVAILABLE, YOU MIGHT ONLY HAVE 30 PEOPLE
RUNNING AT THE TIME OF ELECTION.
MR. NORRIS: OKAY. AND THEN IN TERMS OF THE
BOARD OF ELECTIONS, HAVE YOU DISCUSSED IT WITH THE CITY BOARD OF
ELECTIONS, THE BURDEN THAT'S BEING PLACED ON THE EMPLOYEES?
45
NYS ASSEMBLY JUNE 3, 2024
MR. EPSTEIN: YEAH, WE'VE HAD NUMEROUS
CONVERSATIONS WITH THEM, AND THEY -- WE'VE SHARED LANGUAGE WITH THEM
AND IT IS MY UNDERSTANDING THAT THEY ARE OKAY WITH THE LANGUAGE THAT
WE'RE MOVING FORWARD ON TODAY.
MR. NORRIS: OKAY. THANK YOU VERY MUCH, MR.
EPSTEIN. I APPRECIATE YOU ANSWERING MY QUESTIONS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
NORRIS.
MR. NORRIS: THANK YOU, MR. SPEAKER. I AM
PLEASED THAT THE DECLINATION PERIOD REMAINS THE SAME IN THE
AMENDMENT OF THE BILL; HOWEVER, I STILL DO HAVE CONCERNS, BEING A
FORMER ELECTIONS COMMISSIONER, ON THE BURDEN OF THE BOARD OF
ELECTIONS TO MAIL OUT THESE NOTICES TO EACH AND EVERY PERSON WHO IS
NOMINATED FOR THE COUNTY COMMITTEE. THERE'S AT LEAST FOUR MAJOR
PARTIES -- TWO MAJOR PARTIES, TWO MINOR PARTIES IN THE STATE OF NEW
YORK THAT HAVE PARTY STATUS RIGHT NOW. WHEN YOU MULTIPLY THAT OUT BY
TWO OR FOUR ELECTIONS IT ADDS UP. AND IT'S JUST NOT THE STAMP, IT'S THE
ACTUAL PROCESSING OF THAT INFORMATION TO GET OUT IN THAT VERY TIGHT TIME
FRAME DURING THAT DECLINATION PERIOD SO THAT THE PERSON WILL RECEIVE IT
IN TIME.
SO BASED UPON THE COST AND THE BURDEN PLACED ON THE
BOARD OF ELECTIONS FOR -- FOR THIS PARTICULAR PARTY POSITION, I DON'T FEEL
IT IS WARRANTED AND, THEREFORE, I WILL BE VOTING IN THE NEGATIVE AND I
ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU VERY MUCH, MR.
46
NYS ASSEMBLY JUNE 3, 2024
CHAIR -- MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. GOODELL.
(PAUSE)
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS
MENTIONED BY MY COLLEAGUE. THOSE WHO SUPPORT IT SHOULD VOTE YES ON
THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION. THERE MAY BE A FEW THAT WOULD DESIRE TO BE
AN EXCEPTION, THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS, SIR. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU BOTH.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. THIS IS A VERY SIMPLE FIX TO A PROBLEM THAT WE'VE
47
NYS ASSEMBLY JUNE 3, 2024
SEEN HAPPEN PERIODICALLY IN NEW YORK CITY WHERE PEOPLE WHO DON'T
EVEN KNOW THAT THEY'RE RUNNING FOR COUNTY COMMITTEE, AND WHEN
SPECIAL ELECTIONS HAPPEN OR OTHER OPPORTUNITIES HAPPEN, THEY END UP
EITHER BEING ON A COUNTY COMMITTEE OR, UNFORTUNATELY, PEOPLE WHO ARE
ON THE COUNTY COMMITTEE WHO ARE NO LONGER WITH US. THIS JUST REQUIRES
THE BOARD OF ELECTIONS TO NOTIFY PEOPLE THAT THEY'RE RUNNING AND GIVES
THEM THE OPPORTUNITY TO DECLINE. IT'S REALLY LIKE EVERY OTHER RACE WHERE
YOU'RE RUNNING FOR OFFICE, IT'S JUST A REALLY IMPORTANT TRANSPARENCY
PIECE.
I'LL BE VOTING IN FAVOR OF THIS BILL AND I ENCOURAGE MY
COLLEAGUES TO DO THE SAME.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, AND THANKS COLLEAGUES THAT ARE IN AND AROUND THE CHAMBERS.
LET US COMPLETE OUR WORK OR AT LEAST KEEP GOING ON OUR WORK OF
DEBATES. WE'RE GONNA GO RIGHT TO RULES REPORT NO. 87 BY MS.
ROSENTHAL, FOLLOWED BY RULES REPORT NO. 225 BY MS. WALKER, THEN
RULES REPORT NO. 229 BY MR. JACOBSON, 248 BY MS. FAHY, AND 253 BY
MR. BURDICK. IN THAT ORDER, MR. SPEAKER. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
48
NYS ASSEMBLY JUNE 3, 2024
RULES REPORT NO. 87, BILL NO. 28-C, THE CLERK WILL
READ.
THE CLERK: ASSEMBLY NO. A00028-C, RULES
REPORT NO. 87, L. ROSENTHAL. AN ACT TO AMEND THE ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK, IN RELATION TO REQUIRING INTERNET-BASED
FOOD DELIVERY SERVICE PROVIDERS T POST THE HYPERLINK TO THE CITY OF NEW
YORK'S HEALTH DEPARTMENT FOOD LOOKUP TOOL TO VIEW RECENT SANITARY
INSPECTIONS; AND TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION TO
REQUIRING INTERNET-BASED FOOD DELIVERY SERVICE PROVIDERS TO POST THE
HYPERLINK TO THE MUNICIPAL OR STATE HEALTH DEPARTMENT FOOD SERVICE
ESTABLISHMENT INSPECTION DATA TO VIEW RECENT SANITARY INSPECTIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND AN EXPLANATION IS REQUESTED, MS. ROSENTHAL.
MS. ROSENTHAL: THIS BILL WOULD REQUIRE WEBSITES
AND MOBILE APPS THAT OFFER FOOD DELIVERY SERVICES TO POST A LINK TO THE
ONLINE DATABASE OF SANITARY INSPECTION GRADES.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MS. ROSENTHAL. AM I
49
NYS ASSEMBLY JUNE 3, 2024
CORRECT THAT THIS HYPERLINK IS TO THE MUNICIPALITY'S DATABASE?
MS. ROSENTHAL: YES.
MR. GOODELL: SO IT DOESN'T LINK TO A RESTAURANT'S
WEB PAGE, FOR EXAMPLE, WHERE THE RESTAURANT IS SUPPOSED TO POST IT. IT
LINKS DIRECTLY TO THE MUNICIPALITY?
MS. ROSENTHAL: WELL, IT WOULD -- IT WOULD HAVE
TO -- YES, THE -- THE RESTAURANT WOULD HAVE TO POST THE HYPERLINK AS WELL,
BUT IT GOES TO THE MUNICIPALITY'S HEALTH GRADES.
MR. GOODELL: WELL, FOR A FOOD DELIVERY SERVICE
THEY DON'T POST A RESTAURANT'S LINK, THEY POST A HYPERLINK TO THE
DATABASE, CORRECT?
MS. ROSENTHAL: CORRECT.
MR. GOODELL: AND HOW OFTEN IS THE DATABASE
MAINTAINED BY THE MUNICIPALITY UPDATED?
MS. ROSENTHAL: I THINK EVERY TIME THERE'S AN
INSPECTION, THAT RESTAURANT'S GRADE IS UPDATED.
MR. GOODELL: NOW, THIS BILL DOESN'T IN ANY WAY
REQUIRE A MUNICIPALITY TO UPDATE THEIR INSPECTION REPORTS ON ANY
TIMEFRAME, CORRECT?
MS. ROSENTHAL: NO, NO.
MR. GOODELL: THAT'S SOLELY UP TO THE
MUNICIPALITY?
MS. ROSENTHAL: CORRECT.
MR. GOODELL: DO YOU KNOW HOW LONG IT TAKES
NEW YORK CITY TO UPDATE ITS WEB PAGE AFTER A SUBSEQUENT INSPECTION?
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NYS ASSEMBLY JUNE 3, 2024
MS. ROSENTHAL: I DON'T KNOW, BUT I THINK IT'S
PRETTY RAPIDLY.
MR. GOODELL: NOW, THIS APPLIES NOT ONLY TO NEW
YORK CITY BUT OTHER MUNICIPALITIES AS WELL, CORRECT?
MS. ROSENTHAL: OTHER MUNICIPALITIES, YES.
MR. GOODELL: WHAT OTHER MUNICIPALITIES WOULD
FALL WITHIN THE SCOPE OF THIS LAW?
MS. ROSENTHAL: WELL, ALBANY FOR ONE, AND --
AND THERE MIGHT BE A HANDFUL OF OTHERS ACROSS THE STATE.
MR. GOODELL: BUT AS FAR AS YOU KNOW --
MS. ROSENTHAL: AND -- AND OTHERS. AND ALSO, IF
THEY ADOPT SUCH A -- A LAW IN THE FUTURE IN TERMS OF POSTING HEALTH
GRADES, THEN THEY WOULD BE SUBJECT TO THIS AS WELL.
MR. GOODELL: NOW, THIS MAY BE LESS OF AN ISSUE
IN NEW YORK CITY THAN IT IS UPSTATE, BUT IT'S ENTIRELY POSSIBLE THAT THESE
FOOD DELIVERY SERVICE PROVIDERS MAY COVER MULTIPLE COUNTIES, RIGHT?
YOU MIGHT HAVE SOMEONE THAT COVERS, AS AN EXAMPLE, ALBANY,
SCHENECTADY. WOULD THEY -- WOULD A UBER EATS OR A GRUBHUB OR
ANYTHING LIKE THAT HAVE TO THEN POST MULTIPLE LINKS?
MS. ROSENTHAL: WELL, IN ORDER TO ABIDE BY THE
PROVISIONS IN THE BILL, IF THEY HAVE TO THEN THEY WOULD HAVE TO.
MR. GOODELL: I SEE.
MS. ROSENTHAL: SO LONG AS THE CUSTOMER CAN USE
THE HYPERLINK TO GET TO THE MUNICIPALITY'S LISTING OF GRADES.
MR. GOODELL: AND THEN WE ASSUME THAT THE
51
NYS ASSEMBLY JUNE 3, 2024
CUSTOMER KNOWS WHICH COUNTY THE RESTAURANT IS THAT THEY'RE GOING TO,
CORRECT?
MS. ROSENTHAL: WELL, IT'S REALLY NOT ON THE
CUSTOMER TO KNOW. IT IS ON THE MOBILE APP TO KNOW, THE PEOPLE WHO
RUN THE MOBILE APP.
MR. GOODELL: NOW, THIS HYPERLINK IS NOT LINKED
TO ANY PARTICULAR RESTAURANT, CORRECT? SO --
MS. ROSENTHAL: NO.
MR. GOODELL: CORRECT?
MS. ROSENTHAL: CORRECT.
MR. GOODELL: OKAY. THANK YOU VERY MUCH.
MS. ROSENTHAL: SURE.
MR. GOODELL: THERE WERE QUESTIONS, BY THE WAY,
RAISED WHETHER OR NOT THIS WOULD IMPOSE A BURDEN ON UBER EATS OR
GRUBHUB OR ANY OF THOSE OTHERS, AND ONE OF THE CONCERNS THEY RAISED IS
WHETHER OR NOT RESTAURANTS WOULD COMPLY IN POSTING. BUT THIS DOESN'T
REALLY INVOLVE THE RESTAURANTS, CORRECT?
MS. ROSENTHAL: YEP.
MR. GOODELL: THAT IS TO SAY THE HYPERLINK GOES TO
A MUNICIPAL WEB PAGE, NOT TO THE RESTAURANT.
MS. ROSENTHAL: YES. YES, OF COURSE.
MR. GOODELL: OKAY. THANK YOU VERY MUCH. I
APPRECIATE YOUR COMMENTS.
MS. ROSENTHAL: THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
52
NYS ASSEMBLY JUNE 3, 2024
THE CLERK: THIS ACT SHALL TAKE -- THIS ACT SHALL TAKE
EFFECT ON THE 120TH DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 15, RULES REPORT NO. 225, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10357, RULES REPORT
NO. 225, COMMITTEE ON RULES (WALKER). AN ACT TO AMEND THE ELECTION
LAW, IN RELATION TO VOTING RIGHTS; TO AMEND CHAPTER 226 OF THE LAWS OF
2022 AMENDING THE ELECTION LAW RELATING TO ESTABLISHING THE JOHN R.
LEWIS VOTING RIGHTS ACT OF NEW YORK, ESTABLISHING RIGHTS OF ACTION
FOR DENYING OR ABRIDGING OF THE RIGHT OF ANY MEMBER OF A PROTECTED
CLASS TO VOTE, PROVIDING ASSISTANCE TO LANGUAGE-MINORITY ROUPS,
REQUIRING CERTAIN POLITICAL SUBDIVISIONS TO RECEIVE PRECLEARANCE FOR
POTENTIAL VIOLATIONS OF THE NYVRA, AND CREATING CIVIL LIABILITY FOR
VOTER INTIMIDATION, IN RELATION TO MAKING TECHNICAL CHANGES; AND TO
REPEAL CERTAIN PROVISIONS OF THE ELECTION LAW RELATING TO VOTING RIGHTS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WALKER.
MS. WALKER: THANK YOU, MR. SPEAKER. THIS BILL
IS AN ACT TO AMEND THE ELECTION LAW IN RELATION TO VOTING RIGHTS. IT
AMENDS CHAPTER 226 OF THE LAWS THAT WE CHANGED IN 2022. THERE
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NYS ASSEMBLY JUNE 3, 2024
BASICALLY -- CREATES A CIVIL LIABILITY FOR VOTER INTIMIDATION IN RELATION TO
MAKING TECHNICAL CHANGES, AND TO REPEAL CERTAIN PROVISIONS OF THE
ELECTION LAW RELATED TO VOTING RIGHTS.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. WALKER, WILL YOU
YIELD?
MS. WALKER: YES, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. RA: THANK YOU. I THINK IT WOULDN'T BE A JUNE
END OF SESSION IF WE DIDN'T HAVE THE OPPORTUNITY TO DISCUSS THIS BILL IN
SOME FORM, THREE YEARS RUNNING NOW.
MS. WALKER: WELL, I'D RATHER DEBATE THIS THAN --
THAN BAIL REFORM.
MR. RA: WE COULD DO THAT, TOO.
MS. WALKER: WE CAN DO THAT NEXT. YOU KNOW,
I'M -- I'M HERE, I'M HERE ALL WEEK.
(LAUGHTER)
MR. RA: I THINK -- I THINK WE ALL WILL BE. SO I -- I
JUST WANT TO GET INTO -- I KNOW AS YOU MENTIONED THERE ARE A NUMBER OF
DIFFERENT PIECES OF THIS STATUTE WHICH -- WHICH WE ORIGINALLY PASSED TWO
YEARS AGO, AND WE I THINK LAST YEAR MADE A TECHNICAL CHANGE WITH THE
EFFECTIVE DATE. BUT THESE CHANGES IMPACT A NUMBER OF DIFFERENT PLACES,
54
NYS ASSEMBLY JUNE 3, 2024
SO I JUST WANT TO GO THROUGH THEM AND I HAVE A FEW QUESTIONS ABOUT
THAT. SO LET ME START WITH THE -- THE FIRST PART, WHICH IS THE CHANGE IN
THE DEFINITION OF PROTECTED CLASS. THIS BILL, I BELIEVE, REMOVES THE TERM
"ELIGIBLE VOTERS" AND REPLACES IT WITH "INDIVIDUALS", AND THEN ADDS ON
"INCLUDING INDIVIDUALS WHO ARE MEMBERS OF A MINIMUM REPORTING
CATEGORY THAT HAS EVER BEEN OFFICIALLY RECOGNIZED BY THE UNITED STATES
CENSUS BUREAU." SO I ASSUME THIS EXPANDS THE GROUP OF INDIVIDUALS
WHO WOULD BE INCLUDED IN A PROTECTED CLASS UNDER THIS LAW, CORRECT?
MS. WALKER: THAT IS CORRECT.
MR. RA: OKAY. AND WHAT IS THE REASON FOR THAT
PROPOSED CHANGE?
MS. WALKER: SO, IT PROVIDES MEMBERS OF A
PROTECTED CLASS TO ENCOMPASS ALL INDIVIDUALS, NOT NECESSARILY JUST
ELIGIBLE VOTERS WHICH, QUITE FRANKLY, COULD BE A TERM OF ART OR MAY BE,
YOU KNOW, A LEGAL DETERMINATION AS TO WHOM -- WHICH VOTERS ARE
ELIGIBLE OR NOT. IT REQUIRES THAT MEMBERS OF A PROTECTED CLASS BE
ELIGIBLE VOTERS -- REQUIRING THAT MEMBERS OF A PROTECTED CLASS BE
ELIGIBLE VOTERS MAKES THE STATUTE MORE DIFFICULT TO ADMINISTER IN CERTAIN
AREAS. BECAUSE D -- DJCS [SIC] DATA, WHICH WE ARE REQUIRED TO USE TO
ANALYZE PRECLEARANCE COVERAGE, UNDER THIS SECTION DOES NOT DISTINGUISH
BETWEEN ELIGIBLE AND NONELIGIBLE VOTERS; FOR EXAMPLE, CITIZENS AND
NONCITIZENS. IT ALSO PROVIDES THAT PROTECTED CLASS INCLUDES MEMBERS OF
A MINIMUM REPORTING CATEGORY THAT HAS EVER BEEN OFFICIALLY RECOGNIZED
BY THE UNITED STATES CENSUS BUREAU, WHICH INCLUDES MEMBERS OF ANY
RACE, COLOR OR LANGUAGE MINORITY GROUP.
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NYS ASSEMBLY JUNE 3, 2024
MR. RA: OKAY. NOW, ONE OF THE KIND OF PIECES OF
THIS PROCESS WHEN SOMEBODY'S TRYING TO ENFORCE THE PROVISIONS OF THIS
LAW IS THE NOTIFICATION LETTER. SO, THERE'S A CHANGE HERE, THERE'S SOME
ADDITIONAL LANGUAGE I GUESS I WOULD SAY, YOU KNOW, THE -- THE PRIOR
ENACTMENT OF THIS STATUTE TALKED ABOUT HAVING TO FILE AND SEND THIS
NOTIFICATION LETTER TO THE POLITICAL SUBDIVISION PRIOR TO COMMENCING A
JUDICIAL ACTION. NOW THIS DETAILS A LITTLE BIT MORE WHAT SHOULD BE
SPECIFIED IN THAT NOTIFICATION LETTER, CORRECT?
MS. WALKER: CORRECT.
MR. RA: AND WHICH INCLUDES POTENTIAL VIOLATION OR
VIOLATIONS OF ALLEGED AND SHALL CONTAIN A STATEMENT OF FACTS TO SUPPORT
SUCH ALLEGATION. SO THIS IS TO ALLOW THE POLITICAL SUBDIVISION TO KNOW
WHAT VIOLATION OF THE JOHN R. LEWIS NEW YORK VOTING RIGHTS ACT THEY
MAY BE VIOLATING, THAT THE PROTECTED CLASS OF PEOPLE ARE ALLEGING MAY
BE VIOLATED, CORRECT?
MS. WALKER: CORRECT.
MR. RA: BUT THE WAY THE LANGUAGE HERE IS IT ALSO
SAYS THAT THE FAILURE TO SPECIFY WON'T BE A BASIS FOR DISMISSAL --
DISMISSAL OF THE JUDICIAL ACTION. SO CAN YOU JUST, I GUESS, EXPLAIN THAT?
DOES IT MEAN -- YOU STILL HAVE TO DO THE LETTER, CORRECT?
MS. WALKER: YOU STILL HAVE TO DO THE LETTER.
MR. RA: BUT IF IT'S NOT DETAILED, IT IS NOT AN
IMPEDIMENT TO A JUDICIAL ACTION GOING FORWARD.
MS. WALKER: SO BASICALLY, IN THE EVENT THAT ONE
BELIEVES THAT THE NOTICE DOES NOT HAVE ENOUGH SPECIFICITY, INSTEAD OF
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NYS ASSEMBLY JUNE 3, 2024
GOING BACK AND FORTH WITH COSTLY AND TIME-CONSUMING MOTION PRACTICE
AS TO THE SUFFICIENCY OF THE NOTICE, IT ALLOWS FOR ALL PARTIES, QUITE
FRANKLY, TO BE MORE IN COMPLIANCE. SO WE'RE LOOKING TO INCENTIVIZE
COMPLIANCE AND TO DISCOURAGE FRIVOLOUS CLAIMS. AND AS WELL, OF
COURSE, WE'RE ALSO CONCERNED ABOUT THE COST OF LITIGATION THAT MIGHT BE
INVOLVED IF THERE ARE UNNECESSARY MOTION PRACTICES THAT ARE GOING BACK
AND FORTH BASED ON THE SUFFICIENCY OR INSUFFICIENCY OF THE NOTIFICATION
LETTER.
MR. RA: SO -- SO NOW WHEN THAT NOTIFICATION LETTER,
THOUGH, IS RECEIVED, ONE OF THE THINGS -- AND WE'LL GO THROUGH THAT IN A
MOMENT -- THERE'S A NUMBER OF CHANGES HERE, SOME OF WHICH I THINK ARE
GOOD IN TERMS OF TIME FRAME FOR THE POLITICAL SUBDIVISION TO RESPOND.
BUT ONE OF THE THINGS, ONE -- ONE OF THE REASONS FOR THIS NOTIFICATION
LETTER IS SO THAT THE POLITICAL SUBDIVISION HAS THE OPPORTUNITY TO TAKE
ACTION BEFORE A JUDICIAL, YOU KNOW, A JUDICIAL ACTION IS ACTUALLY
COMMENCED AGAINST THEM. SO HOW IS THE POLITICAL SUBDIVISION TO TAKE
SUCH ACTION? IT -- IT CONTEMPLATES THEM BASICALLY PASSING A RESOLUTION
SAYING THEY'RE GONNA TAKE SUCH ACTION. IF THEY ARE NOT GIVEN SPECIFICITY
AS TO WHAT THE ALLEGED VIOLATION IS, HOW ARE THEY SUPPOSED TO TAKE THAT
ACTION PRIOR TO ENDING UP IN A JUDICIAL ACTION?
MS. WALKER: WELL, I GUESS -- WELL, BASICALLY,
ENDING UP IN THE JUDICIAL -- JUDICIAL ACTION WOULD COME INTO PLAY WITH
THE FACT THAT THE INITIAL COMPLAINT MAY NOW BE, YOU KNOW, DETERMINED
TO BE NULL AND VOID. AND SO EITHER WAY YOU WILL WIND UP WITH SOME
LEVEL OF JUDICIAL ACTION IN THE EVENT THAT THE SPECIFICITY -- SPECIFICITY IS
57
NYS ASSEMBLY JUNE 3, 2024
NOT SORT OF ADHERED TO IN THE ONSET. SO IT ALLOWS FOR ATTORNEYS TO HAVE A
FREE FLOW OF CONVERSATION TO BE ABLE TO SAY IF YOU'RE A COVERED
JURISDICTION, LOOK, I'M NOT SURE EXACTLY WHAT IT IS IS BEING ALLEGED THAT
I'VE DONE HERE. CAN YOU EXPLAIN TO ME FURTHER WHAT THE ALLEGATIONS
ARE? BECAUSE I AM ACTING IN GOOD FAITH. I WANT TO ENSURE THAT ANY
ALLEGATIONS OF VOTER INTIMIDATION, WHICH ARE SERIOUS, SERIOUS
ALLEGATIONS ARE ADHERED TO, AND SO HERE I AM AT THE TABLE TO BE ABLE TO
SAY LET'S FIGURE THIS OUT AND GET IT ADDRESSED.
MR. RA: SO WOULD YOU -- WOULD YOU ANTICIPATE THAT
UNDER THE LANGUAGE OF THIS STATUTE WITH THE CHANGES, THAT WOULD TAKE
PLACE IN A SOMEWHAT INFORMAL NONJUDICIAL SETTING OR -- OR WOULD THAT BE
PERHAPS -- YOU KNOW, IF -- IF THERE'S NO DETAILS IN THAT -- IN THAT
NOTIFICATION LETTER, COULD THE POLITICAL SUBDIVISION PASS THAT RESOLUTION
THAT IS REQUIRED AND SAY, HEY, WE WANT TO WORK WITH THE -- THE
COMPLAINING ENTITY, BUT ALSO NOT HAVE A LEVEL OF DETAIL AND THEN GO INTO
SOME DIALOGUE. IS THAT (INAUDIBLE/CROSSTALK).
MS. WALKER: WELL, THAT'S -- HOPEFULLY IT WILL
INCENTIVIZE THAT, RIGHT? AND SO THIS IS THE REASON WHY WE BELIEVE THAT
THIS SAFE HARBOR PERIOD IS REALLY THE CRUX OF IT BECAUSE AT THE END OF THE
DAY, THE IDEA IS NOT TO BE A GOTCHA MOMENT. IT COULD BE UTILIZED AS A
LEARNING EXPERIENCE THAT, YOU KNOW, WE ALL COULD, YOU KNOW, LEARN TO
LIVE BY IN TERMS OF MAKING SURE THAT VOTING IS EFFICIENT, IT'S SAFE, IT'S
AVAILABLE EQUALLY TO ALL INDIVIDUALS.
MR. RA: OKAY. SO LET'S -- IF I CAN GIVE YOU, LIKE, A
HYPOTHETICAL SITUATION, RIGHT, AND THIS IS SOMETHING WE'RE FAMILIAR WITH
58
NYS ASSEMBLY JUNE 3, 2024
AT THE STATE LEVEL. WE JUST WENT THROUGH, OVER THE COURSE OF SEVERAL
YEARS, MORE THAN I THINK WE EXPECTED WHEN WE STARTED
REAPPORTIONMENT. AND I KNOW OUR LOCAL GOVERNMENTS JUST WENT
THROUGH THAT OVER THE LAST FEW YEARS AS WELL. SO SUPPOSE A LOCAL
TOWNSHIP GOES THROUGH THAT THAT HAS DISTRICTS FOR THEIR TOWN BOARD
MEMBERS AND THERE IS AN ALLEGATION OF A VIOLATION OF THIS STATUTE THAT IS
BROUGHT TO THEIR ATTENTION BUT IT SAYS -- BASICALLY, THE NOTIFICATION LETTER
SAYS, IN YOUR REAPPORTIONMENT, BUT DOESN'T SAY, WE THINK, YOU KNOW,
CERTAIN VOTERS WERE PUT INTO DISTRICT 2, IT'S DILUTING, YOU KNOW, THE --
THE VOICE OF A CERTAIN PROTECTED CLASS OF VOTERS. IF IT DOESN'T RISE TO THAT
LEVEL OF SPECIFICITY, HOW DOES THE POLITICAL SUBDIVISION RESPOND IF IT'S
JUST GENERAL, HEY, WE THINK YOUR REDISTRICTING VIOLATES THE -- THE ACT?
MS. WALKER: WELL, I WILL SAY, YOU KNOW, ONE OF
THE THINGS THAT THE BILL DOES SPECIFY IS THAT ANY ALLEGED VIOLATION SHALL
CONTAIN A STATEMENT OF FACTS TO SUPPORT SUCH ALLEGATION. AND SO THE
REQUIREMENT IS THAT YOU PUT IN THE INFORMATION THAT WOULD LEAD TO THE
BASIS OF YOUR CLAIM. NOW, IT CAN BE SAID THAT, LOOK, I DON'T HAVE
ENOUGH INFORMATION HERE. AGAIN, THE SAFE HARBOR PERIOD IS THE PERIOD
BY WHICH THERE IS A FREE FLOW OF IDEAS AND EXCHANGE AND COLLEGIALITY
BETWEEN ATTORNEYS AND BETWEEN PARTIES IN ORDER TO GET TO THE RESULT
WHICH WE ARE LOOKING FOR. AND SO I BELIEVE, AGAIN, THAT THIS IS NOT
SOMETHING THAT WOULD HARM THE POLITICAL SUBDIVISION; INSTEAD, IT WOULD
TAKE CARE OF UNNECESSARY LITIGATION AND EXTENSIVE COSTS THAT WE KNOW
MANY OF OUR POLITICAL SUBDIVISIONS ARE ALWAYS UNDER AN EXTREME
PRESSURE WITH RESPECT TO THEIR BUDGETS. AND SO, YOU KNOW, IT'S A -- IT'S A
59
NYS ASSEMBLY JUNE 3, 2024
HUGE REQUIREMENT, IT'S A HUGE UNDERTAKING, BUT I BELIEVE THAT IT SHOULD
BE HANDLED WITH A LEVEL OF CARE AND COMRADERY THAT IT DESERVES.
MR. RA: OKAY. NOW, LASTLY WITH REGARD TO THE
NOTIFICATION LETTER. SO, I KNOW ONE OF THE PIECES OF THIS AND -- AND
THERE IS LANGUAGE IN THIS NEW -- IN THIS NEW TEXT THAT TALKS ABOUT THE
FAILURE TO DO SO, AS WE SAID, DOESN'T -- ISN'T A BASIS FOR DISMISSAL OF THE
JUDICIAL ACTION, BUT CAN AFFECT THE REIMBURSEMENT THAT -- THAT IS
PROVIDED UNDER -- UNDER THE STATUTE. SO BASICALLY, IF -- IF THERE WAS,
YOU KNOW, THAT LEVEL OF SPECIFICITY HERE, THE ENTITY THAT IS -- IS BRINGING
THE CHALLENGE WHO IS -- WHO IS SENDING THIS LETTER TO THE POLITICAL
SUBDIVISION CAN BE ELIGIBLE DOWN -- DOWN THE LINE IN THIS PROCEEDING
FOR SOME REIMBURSEMENT BECAUSE PRESUMABLY SOME WORK, RESEARCH,
WHATEVER, WENT INTO DRAFTING THE LETTER. SO BASICALLY WHAT THIS SAYS IF
THEY DON'T HAVE THAT -- THAT LEVEL OF SPECIFICITY, THEY CAN'T SEEK
REIMBURSEMENT FOR, WELL, WORK PRODUCT THAT ESSENTIALLY DOESN'T EXIST.
MS. WALKER: RIGHT. SO AGAIN, IT IS -- IT'S
ENCOURAGING AND INCENTIVIZES ALL PARTIES TO BE ABLE TO ACT IN GOOD FAITH
THAT IF THERE IS A -- AN ALLEGING PARTY, THAT THAT INDIVIDUAL OR INDIVIDUALS
DO NOT, YOU KNOW, COME UP WITH A FRIVOLOUS CLAIM BECAUSE IF AT THE
END OF THE DAY THAT IS THE CASE, IF THERE IS ANY JUDGMENT IN THIS REGARD
THERE WOULD BE A DOWNWARD MODIFICATION, IF YOU WILL, OF THE
CALCULATIONS OF ATTORNEY FEES.
MR. RA: OKAY. AND NOW IN THAT CIRCUMSTANCE
WOULD THEY BE ENTITLED TO POTENTIALLY REIMBURSEMENT FROM THAT POINT
FORWARD AS THEY'RE BEGINNING THOSE CONVERSATIONS IN -- IN HASHING OUT
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NYS ASSEMBLY JUNE 3, 2024
WHAT REALLY THE VIOLATIONS ARE?
MS. WALKER: I BELIEVE THOSE SHOULD BE HANDLED ON
A CASE-BY-CASE BASIS, AND IT SHOULD BE AT THE DISCRETION OF THE JUDGE OR
OF THE GOVERNING -- THE GOVERNING ENTITY.
MR. RA: OKAY. NOW, I WANT TO GET INTO NOW WHAT
HAPPENS NEXT. SO THERE'S A CHANGE WITH REGARD TO THE ACTION THAT IS
TAKEN. I THINK IT -- FIRST IT ADDS WITHIN SEVEN DAYS OF PASSING THE
RESOLUTION, THE POLITICAL SUBDIVISION SHALL SEND BY FIRST-CLASS MAIL OR
E-MAIL A COPY TO THE CIVIL RIGHTS BUREAU. I THINK WE DIDN'T HAVE, YOU
KNOW, SPECIFICITY OF WHAT HAPPENS PRIOR TO ANY TIME FRAME IN TERMS OF
PROVIDING THAT, SO THIS ADDS THAT, CORRECT? THAT IT HAS TO BE SENT TO THE
CIVIL RIGHTS BUREAU WITHIN SEVEN DAYS. AND THEN I BELIEVE IT ALSO HAS
-- GIVES A LITTLE BIT MORE DETAIL AS TO THE TIME TO SUBMIT THE ACTUAL
REMEDY, CORRECT, ON THAT NEXT -- IN SECTION 6, THE GOVERNOR AND BODY
MAY APPROVE A PROPOSED REMEDY AND SUBMIT IT TO THE CIVIL RIGHTS
BUREAU NO LATER THAN 120 DAYS AFTER THE PASSAGE OF THAT RESOLUTION.
AND THEN I THINK LASTLY, IN THE -- IN THE NEXT PIECE IT -- IT GIVES A LITTLE
BIT OF A LONGER TIME FRAME FROM 45 TO 60 DAYS FOR THE CIVIL RIGHTS
BUREAU TO GRANT OR DENY APPROVAL OF THE PROPOSAL THAT HAS BEEN
PROVIDED, CORRECT? I'M LOOKING AT THE BOTTOM OF -- OF PAGE 2 IN SECTION
7.
MS. WALKER: I'M FOLLOWING YOU. YOU'RE DOING A
-- YOU'RE DOING A GREAT -- YOU'RE SUCH A GOOD READER.
MR. RA: THANK YOU.
(LAUGHTER)
61
NYS ASSEMBLY JUNE 3, 2024
SO, NOW THAT LAST PIECE IN TERMS OF THE CIVIL RIGHTS
BUREAU, THIS IS AN EXTENSION THAT THEY ARE ABLE TO EVOKE ON THEIR SIDE,
CORRECT? IT'S NOT AN EXTENSION THAT IS BEING ASKED FOR BY -- BY A
POLITICAL SUBDIVISION, THEY MAY JUST NEED MORE TIME TO REVIEW THE
PROPOSED REMEDY FOR SOME REASON. SO THAT -- THAT EXTENSION AT THE
BOTTOM OF PAGE 2, 54 AND 55, IS FOR THE CIVIL RIGHTS BUREAU TO HAVE
ADDITIONAL TIME TO REVIEW A PROPOSED REMEDY.
MS. WALKER: I BELIEVE YOU'RE CORRECT ON THAT.
MR. RA: OKAY.
NOW, GOING ON TO THE NEXT PROVISION IN SECTION 8
HERE, YOU KNOW, AND I KNOW WE SPOKE EARLIER AND -- AND I'M NOT GONNA
GET INTO IT NOW, BUT OBVIOUSLY WE HAD EXTENSIVE DIALOGUE THE LAST
COUPLE YEARS ABOUT MY CONCERNS WITH REGARD TO SCHOOL BOARDS AND
SCHOOL DISTRICTS WITH REGARD TO THIS, BUT THAT'S NOT REALLY THE SUBJECT OF
THESE AMENDMENTS SO I'M NOT GONNA REALLY GET INTO THAT RIGHT NOW. BUT
THIS SECTION DOES TALK ABOUT THE APPROVAL AS IT IS GRANTED BY THE CIVIL
RIGHTS BUREAU. NOW AS WE TALKED ABOUT EARLIER, MY CONCERN WITH
REGARD TO THE LEVEL OF DETAIL AND SPECIFICITY IN THE LETTER, THIS ADDS
LANGUAGE THAT SAYS AMONGST THE CRITERIA FOR THE CIVIL RIGHTS BUREAU TO
GRANT APPROVAL IT TALKS ABOUT THAT THE PROPOSAL WOULD REMEDY ANY
POTENTIAL VIOLATION OF THIS TITLE CITED IN THE NOTIFICATION LETTER AND WOULD
NOT GIVE RISE TO ANY OTHER VIOLATION. SO AGAIN, WE'RE REFERENCING THE
NOTIFICATION LETTER BUT THERE MAY NOT BE A VIOLATION THAT IS CITED IN THAT
LETTER. SO HOW IS THAT CRITERIA TO BE USED BY THE CIVIL RIGHTS BUREAU IN
THE EVENT THAT THE ORIGINAL LETTER DOES NOT HAVE THAT, IS NOT CITING A
62
NYS ASSEMBLY JUNE 3, 2024
SPECIFIC VIOLATION?
(PAUSE)
MS. WALKER: WELL, I WOULD IMAGINE, I GUESS, IN
LIKE ANY OTHER COMPLAINT, IF IT DOES NOT -- IF IT'S NOT INCLUDED IN THE
NOTIFICATION THEN IT WOULDN'T APPLY. SO, I MEAN, I'M TRYING TO
UNDERSTAND WHAT YOUR QUESTION IS.
MR. RA: WELL, MY QUESTION IS THE -- I MEAN, THIS IS
IN SECTION 8, IT ACTUALLY SAYS THE CIVIL RIGHTS BUREAU -- SOME OF THIS IS
IN THE CURRENT LAW -- THE CIVIL RIGHTS BUREAU SHALL ONLY GRANT APPROVAL
TO THE NEW YORK VOTING RIGHTS ACT PROPOSAL IF IT CONCLUDES THAT, AND
IT GOES THROUGH THE CRITERIA AND THIS -- THESE AMENDMENTS ADD LANGUAGE
THAT SAYS "CITED IN THE NEW YORK VOTING RIGHTS ACT NOTIFICATION
LETTER." BUT WE -- WE'VE, YOU KNOW, ESTABLISHED IN THAT PRIOR SECTION
THAT WE'RE --WE'RE NOT REALLY HOLDING THE -- THE PARTY THAT IS COMING
FORWARD WITH HAVING TO HAVE A VIOLATION CITED IN THEIR LETTER.
MS. WALKER: RIGHT.
MR. RA: SO HOW IS THE CIVIL RIGHTS BUREAU
SUPPOSED TO DETERMINE WHETHER TO GRANT APPROVAL IF THAT IS THE CASE?
MS. WALKER: SO I GUESS WE HAVEN'T FINISHED --
YOU HAVEN'T REALLY SET THE STAGE FOR "A" YET, RIGHT, SO YOU DON'T GET TO
"B" ABOUT UNTIL YOU HAVE QUALIFIED UNDER "A", THE POLITICAL SUBDIVISION
MAY BE IN VIOLATION OF THIS TITLE.
MR. RA: YES.
MS. WALKER: AND SO...
MR. RA: BUT, WELL --
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NYS ASSEMBLY JUNE 3, 2024
MS. WALKER: YOU KNOW, IT'S NOT AN "OR."
MR. RA: YES, BUT IF WE'RE -- IF WE'RE TALKING ABOUT,
SAY, THE SITUATION YOU --YOU DETAILED EARLIER THAT SOME CONVERSATION
EXISTS. THIS DOESN'T SAY, YOU KNOW, OR IN A -- A VIOLATION THAT WAS
UNCOVERED OR DETAILED DURING, YOU KNOW, DISCUSSIONS BETWEEN THE
PARTIES. IT SPECIFICALLY TALKS ABOUT THE NOTIFICATION LETTER, WHICH MAY OR
MAY NOT HAVE THAT LEVEL OF DETAIL IN IT FOR THE CIVIL RIGHTS BUREAU TO
EVALUATE THE REMEDY AND WHETHER IT'S SATISFACTORY TO ADDRESS THE
VIOLATION.
MS. WALKER: I STILL DON'T SEE THAT "A" IS SATISFIED.
AND I THINK MAYBE PERHAPS IN YOUR READING IT'S THAT "A" DOESN'T HAVE
TO BE -- LIKE, YOU CAN JUMP TO "B" AND/OR "C", BUT YOU CAN'T GET PAST
"A" TO GET TO "B". SO --
MR. RA: WELL, I -- I THINK "A" SAID -- "A" IS JUST THE
POLITICAL -- THE POLITICAL SUBDIVISION MAY BE IN VIOLATION OF THE TITLE. I
THINK -- I MEAN, IT SAYS MAY BE IN A VIOLATION OF THE TITLE. I THINK IT'S --
MS. WALKER: MM-HMM.
MR. RA: -- EASY TO FIND UNDER ANY CIRCUMSTANCES
THAT A POLITICAL SUBDIVISION MAY BE IN VIOLATION OF SOMETHING UNLESS
YOU CAN COMPLETELY RULE IT OUT. BUT AGAIN, THE GENERAL QUESTION OF
MIGHT THEY BE IN VIOLATION IS DIFFERENT THAN THE SPECIFIC OF WHAT IS THE
VIOLATION AND DOES THIS REMEDY FIX IT.
MS. WALKER: I'M HAVING SOME TROUBLE FOLLOWING.
MR. RA: WELL, AGAIN, WHAT I'M SAYING IS, SO --
MS. WALKER: START FROM -- START FROM THE TOP OF
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NYS ASSEMBLY JUNE 3, 2024
YOUR QUESTION, PLEASE, SIR.
MR. RA: OKAY. SO, I'M LOOKING AT LINE 4, RIGHT, ON
THE TOP OF PAGE 3. THE CIVIL RIGHTS BUREAU SHALL ONLY GRANT APPROVAL
TO THE NEW YORK VOTING RIGHT ACT PROPOSAL, RIGHT, THE PROPOSAL IS
SOMETHING THAT HAS BEEN SUBMITTED TO THE CIVIL RIGHTS BUREAU FROM THE
POLITICAL SUBDIVISION, CORRECT, WITH ME THERE?
MS. WALKER: MM-HMM.
MR. RA: SO --
MS. WALKER: IF IT CONCLUDES THAT --
MR. RA: -- IF IT CONCLUDES THAT THE POLITICAL
SUBDIVISION MAY BE IN VIOLATION OF THIS TITLE, OKAY. I -- I -- I THINK THAT
-- I MEAN, THAT'S LANGUAGE IN THE STATUTE BUT I DON'T THINK WE'VE GOTTEN
TO THIS POINT IF THAT WASN'T THE CASE, AND I -- AND I DON'T THINK IF EVEN THE
MUNICIPALITY PERHAPS THINKS -- THOUGHT THEY MIGHT NOT BE IN VIOLATION,
THEY -- THEY WOULDN'T HAVE EVEN GOTTEN TO THIS POINT, THEY'VE SUBMITTED
THIS. AND IN THE SECOND PART WHAT I'M SAYING IS "B" SAYS IT WOULD
REMEDY ANY POTENTIAL VIOLATIONS OF THIS TITLE CITED IN THE NEW YORK
VOTING RIGHTS NOTIFICATION LETTER.
MS. WALKER: CORRECT.
MR. RA: AND WE'VE ALREADY -- BUT MY -- MY
QUESTION OR MY -- MY ISSUE WITH THIS LANGUAGE IS WE'VE ALREADY
ESTABLISHED THAT THE NOTIFICATION LETTER UNDER THIS CHANGE MIGHT NOT
HAVE CITED THE VIOLATIONS.
MS. WALKER: I DON'T AGREE WITH YOU, SIR. I BELIEVE
WHAT WE DISCUSSED IN THE PAST IS BASICALLY THAT THE FAILURE TO SPECIFY
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NYS ASSEMBLY JUNE 3, 2024
SHALL NOT BE A BASIS FOR A DISMISSAL OF THE ACTION. HOWEVER, IT DOES NOT
NEGATE THE FACT THAT THE LETTER SHALL SPECIFY THE POTENTIAL VIOLATION OR
VIOLATIONS ALLEGED AND SHALL CONTAIN A STATEMENT OF FACTS TO SUPPORT
SUCH ALLEGATION. AND SO IF YOU'RE SAYING THAT THE -- THE NOTIFICATION
LETTER DOES NOT MEET THE SUFFICIENCY REQUIREMENT, AGAIN, WE DISCUSSED
THAT THERE IS AN OPPORTUNITY FOR COUNSEL AND THE PARTIES TO BE ABLE TO
DELIBERATE IN GOOD FAITH, AND THAT EVERYONE CAN COME TO A CONCLUSION
AS TO WHAT THE ALLEGATIONS PRESENTED HERE ARE CONCERNING. AND SO
AGAIN, WHENEVER IT IS THAT WE GET TO SECTION 8 OF -- OF THE BILL, THE
POLITICAL SUBDIVISION WILL HAVE TO HAVE BEEN DETERMINED THAT THEY MAY
BE IN VIOLATION OF THIS TITLE, AND THE PROPOSAL WOULD REMEDY ANY
POTENTIAL VIOLATION OF THIS TITLE AS CITED BY THE NEW YORK VOTING RIGHTS
ACT NOTIFICATION LETTER. AGAIN, IT'S ABOUT BEING ABLE TO GET TO A POINT
WHERE WE ARE REMEDYING THE WRONGS THAT ARE BEING ALLEGED HERE AS
OPPOSED TO IT BEING A GOTCHA MOMENT FOR ANY PARTICULAR INDIVIDUAL WHO
IS INVOLVED. AND FURTHERMORE, IT PROTECTS BOTH THE POLITICAL SUBDIVISION
AS WELL AS ANY OF THE COMPLAINING MEMBERS OF -- OF THE COMMUNITY, IF
YOU WILL, BECAUSE IN THE EVENT THAT IT'S FOUND THAT ACTIONS MAY BE
FRIVOLOUS, THERE ARE SANCTIONS AS IT RELATES TO THE DOWNGRADE OF
ATTORNEYS FEES.
MR. RA: OKAY. SO I -- I STILL DO HAVE CONCERNS WITH
THAT LANGUAGE, BUT IN THE INTEREST OF TIME, WHICH I AM RUNNING LOW ON, I
-- I WANT TO ASK ABOUT ONE OTHER PIECE OF THIS AND THAT'S THE CHANGES IN I
BELIEVE IT'S SECTION 12 AND THE CHANGE IN LANGUAGE WITH REGARD TO
DECEPTIVE -- THE PERSON KNOWINGLY USES ANY DECEPTIVE OR FRAUDULENT
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NYS ASSEMBLY JUNE 3, 2024
DEVICE, CONTRIVANCE OR COMMUNICATION. MY UNDERSTANDING OF THIS
CHANGE IS UNDER THE CURRENT LANGUAGE, ONE OF THE PIECES THAT WOULD
VIOLATE THIS OR ONE OF -- OR THE TYPE OF STATEMENT OR ACTION THAT WOULD
VIOLATE THIS WAS REQUIRED TO BE FALSE, A FALSE STATEMENT. UNDER THIS, MY
UNDERSTANDING IS THE STANDARD IS JUST DECEPTIVE OR FRAUDULENT; IS THAT
CORRECT?
MS. WALKER: YES, YOU'RE CORRECT.
MR. RA: SO WOULD -- WOULD YOU CONTEMPLATE THAT
THAT WOULD INCLUDE, YOU KNOW, SOMETHING THAT COULD BE TRUE BUT MIGHT,
FOR WHATEVER REASON, HAVE A TENDENCY TO MAKE SOMEBODY -- TURN
SOMEBODY OFF FROM -- FROM VOTING, YOU KNOW, IN -- IN A PARTICULAR
ELECTION?
MS. WALKER: I DON'T THINK THAT, YOU KNOW, IT
WOULD -- IT WOULD GET TO THAT POINT. BUT WHAT I WILL SAY, THOUGH, IS THAT
WE'RE CONCERNED THAT IT'S JUST ABOUT STATEMENTS AND THE FALSITY OF THE
STATEMENTS AS OPPOSED TO THE COMMUNICATION ITSELF. AND WITH THE
ADVENT OF ARTIFICIAL INTELLIGENCE, DEEPFAKES, YOU KNOW, THE -- WE HAD TO
MODIFY THE LANGUAGE TO BROADEN IT AND EXPAND IT IN ORDER TO TAKE INTO
CONSIDERATION ALL OF THESE OTHER DECEPTIVE AND FRAUDULENT PRACTICES THAT
ARE BEING PLAYED OUT WITHIN OUR ELECTORAL PROCESS. AND SO WE HAD TO
BRING THE BILL SORT OF UP-TO-DATE WITH THE, YOU KNOW, NEW LEVELS OF
COMPLAINTS THAT WE HAVE SEEN FILED AROUND THE COUNTRY.
MR. RA: OKAY. WELL, I -- I APPRECIATE THAT -- THAT
CLARIFICATION BECAUSE I -- I -- I AGREE 100 PERCENT WHEN WE LOOK AT THIS
TYPE OF TECHNOLOGY, I THINK IT'S SOMETHING WE NEED TO BE VERY
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NYS ASSEMBLY JUNE 3, 2024
CONCERNED WITH AS IT PERTAINS TO OUR ELECTIONS AND I THINK THAT'S -- THAT'S
A HELPFUL EXPLANATION AS TO WHY THE LANGUAGE THAT IS BEING UTILIZED HERE
IS BEING USED. SO -- SO WITH REGARD -- WITH REGARD TO THAT, I -- I DO
AGREE. WE HAVE -- WE NEED TO -- I MEAN, YOU KNOW, WE'VE -- WE'VE
SEEN ANY NUMBER OF THING -- THESE THINGS OUT THERE, HOW SOPHISTICATED
THEY ARE AND HOW REALISTIC THEY -- THEY ARE MADE, AND -- AND IT'S
CERTAINLY SOMETHING I THINK WE SHOULD ALL BE CONCERNED WITH AS IT
RELATES TO OUR -- OUR ELECTIONS. SO -- SO THANK YOU FOR THAT.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER ZACCARO: ON THE BILL, MR.
RA.
MR. RA: THANK YOU. SO, I -- I JUST WANTED TO GO
THROUGH AGAIN. THERE -- THERE ARE A NUMBER OF CHANGES BEING MADE
HERE. WE'VE BEEN THROUGH, YOU KNOW, A FEW DIFFERENT CHANGES WITH
REGARD TO THIS STATUTE. I STILL DO HAVE A COUPLE OF ISSUES WITH -- WITH THE
LANGUAGE, WITH THE NEW LANGUAGE AND WITH THE EXISTING STATUTE. AS I'VE
SAID THE LAST COUPLE OF YEARS, THERE STILL IS A CONCERN THAT THERE ARE
REMEDIES THAT MIGHT BE RECOMMENDED OR EVEN NECESSARY TO REMEDY A
VIOLATION THAT CERTAIN ENTITIES MAY NOT HAVE THE LEGAL AUTHORITY TO DO.
THEY MAY ACTUALLY HAVE TO COME TO US, THE LEGISLATURE, TO DO SO, IN
PARTICULAR, IN A -- IN A SCHOOL BOARD SETTING, SAY, IF THE REMEDY WAS
SWITCHING TO AN AWARD SYSTEM, THEY CANNOT DO THAT ON THEIR OWN. SO I
CONTINUE TO BE CONCERNED WITH THAT. BUT I'M ALSO -- I AM ALSO
CONCERNED WITH THIS CHANGE. I THINK IT'S GREAT THAT WE'RE SPECIFICALLY
SAYING THAT THE NEW YORK VOTING RIGHTS ACT NOTIFICATION LETTER SHOULD
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NYS ASSEMBLY JUNE 3, 2024
HAVE -- SPECIFY THE POTENTIAL VIOLATION OR VIOLATIONS AND CONTAIN A
STATEMENT OF FACTS TO SUPPORT THE ALLEGATION. THAT'S IMPORTANT. I THINK
THAT THE PURPOSE OF THIS PROCESS IS TO GIVE THE OPPORTUNITY FOR THIS TO BE
RECTIFIED BEFORE IT ENDS UP IN COURT. BUT THEN WHEN IN THE NEXT
SENTENCE YOU'RE SAYING, HEY, IF YOU -- IF IT -- THIS DOESN'T HAPPEN THIS
WAY, THAT'S IN NO WAY AN IMPEDIMENT TO IT GETTING INTO COURT, I THINK
TAKES AWAY WHAT IS OTHERWISE A STRONG PROVISION TO -- TO GIVE THE
OPPORTUNITY FOR THAT DIALOGUE AND DISCUSSION TO HAPPEN, TO HOPEFULLY
COME TO AN UNDERSTANDING AND REMEDY A POTENTIAL VIOLATION BEFORE WE
END UP IN COURT.
SO WHILE I THINK THAT THOSE CONVERSATIONS WILL TAKE
PLACE BETWEEN THE PARTIES, I THINK THEN YOU MOVE TO THE NEXT STAGE OF IT
AND EVENTUALLY WE HAVE, AGAIN, THE CIVIL RIGHTS BUREAU, AS I
MENTIONED, LOOKING AT THAT LETTER WHICH MAY OR MAY NOT HAVE THAT LEVEL
OF -- OF DETAIL. SO -- SO I DO THINK WE NEED TO TIGHTEN UP THIS LANGUAGE
TO MAKE SURE THAT WHEN IT GETS THROUGH EACH STAGE OF THIS PROCESS IT IS
VERY CLEAR WHAT THE ALLEGED VIOLATION IS SO THAT THE POLITICAL SUBDIVISION
IN GOOD FAITH CAN SEEK TO REMEDY IT. NOW, THERE'S GONNA BE SITUATIONS
WHERE THEY'RE GONNA DISAGREE THAT THEY'RE VIOLATING IT, AND CERTAINLY
THAT IS WHAT OUR COURTS ARE FOR, TO HAVE THAT DISPUTE HEARD AND HAVE IT
DECIDED ON THE FACTS AND ON THE LAW. BUT I THINK MAKING THAT, YOU
KNOW, NOTIFICATION LETTER NOT NECESSARILY HAVE TO HAVE THAT LEVEL OF
DETAIL BEFORE GOING INTO COURT I THINK HURTS THE ABILITY OF THESE DISPUTES
TO BE TAKEN CARE OF BEFORE WE END UP IN A COURT ACTION.
THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER ZACCARO: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZACCARO: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THESE AMENDMENTS. THOSE WHO
SUPPORT IT SHOULD VOTE YES ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER ZACCARO: MRS. PEOPLES-
STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY IN FAVOR OF THIS PIECE
OF VOTING RIGHTS-FRIENDLY LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT
WOULD DESIRE TO BE AN EXCEPTION, THEY SHOULD FEEL FREE TO DO SO AT THEIR
SEATS. THANK YOU, SIR.
ACTING SPEAKER ZACCARO: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU. I APPRECIATE MY
COLLEAGUE'S DESIRE TO AMEND THIS LAW YET AGAIN, AND I THINK THE
AMENDMENTS ARE HEADING IN THE RIGHT DIRECTION. IT'S -- UNFORTUNATELY,
WE JUST DON'T QUITE GET THERE. AND SO THIS AMENDMENT SAYS THE
NOTIFICATION LETTER SHALL SPECIFY THE POTENTIAL VIOLATIONS AND SHALL
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NYS ASSEMBLY JUNE 3, 2024
CONTAIN A STATEMENT OF FACTS TO SUPPORT SUCH ALLEGATION. THAT'S A
POSITIVE MOVE. AND THEN IN THE SAME SENTENCE IT GOES ON TO SAY,
"PROVIDED, HOWEVER, THE FAILURE TO SO SPECIFY SHALL NOT BE A BASIS FOR
DISMISSAL OF THE JUDICIAL ACTION." WELL, THAT'S A -- THAT'S A STRANGE
COMBINATION, ISN'T IT? ON ONE HAND WE SAY YOU GOT TO PROVIDE
SPECIFICITY, AND ON THE OTHER HAND WE SAY BUT IT DOESN'T MATTER IF YOU
DON'T. WE'RE STARTING TO HEAD IN THE RIGHT DIRECTION. AS MY COLLEAGUE
POINTED OUT, WE NEED SPECIFICITY. AS A PRACTICING ATTORNEY, I WILL TELL
YOU THAT IF YOU SUBMIT A SUMMONS AND COMPLAINT TO THE COURT ON ANY
CIVIL ACTION AND YOU DON'T SPECIFY ENOUGH FACTS TO JUSTIFY IT ON ANY
OTHER CIVIL ACTION, THE CASE IS DISMISSED. IF YOU FILE A NOTICE OF CLAIM
WITH A MUNICIPALITY UNDER THE GENERAL MUNICIPAL LAW WHERE YOU HAVE
TO FILE A NOTICE OF CLAIM, IF YOU DON'T SPECIFY THE FACTS THAT JUSTIFY A
RELIEF, THE NOTICE OF CLAIM IS INVALID IN EVERY OTHER SITUATION. LET'S JUST
APPLY THE SAME STANDARD HERE THAT WE APPLY IN EVERY OTHER SITUATION.
THE NOTICE OF CLAIM SHOULD PROVIDE THE FACTS, AND IF THEY DON'T THE
NOTICE OF CLAIM SHOULD BE DEEMED INVALID.
FOR THAT REASON I CAN'T SUPPORT THAT EXCEPTION THAT
UNDER -- UNDERMINES THE ENTIRE FIRST HALF OF THAT SENTENCE AND FOR THAT
REASON I WILL BE VOTING NO. THANK YOU.
ACTING SPEAKER ZACCARO: MR. GOODELL IN
THE NEGATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I SIMPLY WANT TO RISE TO COMMEND THE SPONSOR OF THIS
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NYS ASSEMBLY JUNE 3, 2024
LEGISLATION AND, HONESTLY, THE THOUGHTFUL MANNER IN WHICH SHE HAS
DELIVERED THIS DEBATE ON THIS PIECE OF LEGISLATION FOR THE LAST COUPLE OF
YEARS, ACTUALLY. I'M GLAD THAT IT IS NOW IN ITS FINAL STAGES. AND IT'S
ALMOST DISHEARTENING THAT WE WOULD BE IN 2024, STILL TRYING TO FIGURE
HOW TO PROTECT PEOPLE'S RIGHTS TO VOTE WHEN WE'RE ALL SUPPOSED TO HAVE
THAT RIGHT AS CITIZENS. BUT I DO WANT TO COMMEND THE SPONSOR FOR HER
EFFORTS ON THIS LEGISLATION AND I'M VERY PROUD TO BE VOTING FOR IT.
ACTING SPEAKER ZACCARO: MRS. PEOPLES-
STOKES IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES FOR THE PURPOSE OF AN
INTRODUCTION.
MRS. PEOPLES-STOKES: THANK YOU, SIR. IT IS MY
PLEASURE TO, ON BEHALF OF OUR COLLEAGUE MR. BRAUNSTEIN, TO INTRODUCE
THE FACT THAT WE HAVE BEEN JOINED IN OUR CHAMBERS BY THE BISHOP OF
THE MARTAMAMA [SIC] -- MALANKARA MAR THOMA CHURCH DIOCESE, DR.
ABRAHAM MAR PAULOS EPISCOPA AND MEMBERS OF NEW YORK'S
MALAYALEE COMMUNITY. THEY ARE HERE TODAY TO CELEBRATE MALAYALEE
HERITAGE IN THE CAPITOL.
MR. SPEAKER, IF YOU COULD PLEASE OFFER THEM THE
CORDIALITIES OF OUR FLOOR, WELCOME THEM TO OUR CHAMBERS, IT WOULD BE
BOTH MY PLEASURE AS WELL AS MR. BRAUNSTEIN'S.
ACTING SPEAKER ZACCARO: CERTAINLY. ON
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NYS ASSEMBLY JUNE 3, 2024
BEHALF OF ASSEMBLYMEMBER BRAUNSTEIN, THE SPEAKER AND ALL THE
MEMBERS, WE WELCOME YOU TODAY TO THE NEW YORK STATE ASSEMBLY.
WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE HOPE THAT YOU WILL
ENJOY TODAY'S PROCEEDINGS, AND WE LOOK FORWARD TO WELCOME YOU --
WELCOME YOU BACK IN THE FUTURE. THANK YOU SO MUCH FOR JOINING US.
(APPLAUSE)
PAGE 16, RULES REPORT NO. 229, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01244-D, RULES
REPORT NO. 229, JACOBSON, EACHUS, GUNTHER, MCDONALD, GIBBS,
ARDILA, SIMON, DAVILA, SIMONE. AN ACT TO AMEND THE ELECTION LAW, IN
RELATION TO PROHIBITING CONFLICTS OF INTEREST AMONG BOARD OF ELECTIONS
EMPLOYEES.
ACTING SPEAKER ZACCARO: AN EXPLANATION
HAS BEEN REQUESTED, MR. JACOBSON.
MR. JACOBSON: YES, THANK YOU, MR. SPEAKER.
WHAT THIS BILL DOES, IT CREATES A NEW SECTION OF THE ELECTION LAW AND
PROHIBITS CONFLICTS OF INTEREST AT THE BOARD OF ELECTIONS. NO EMPLOYEE
OF THE BOARD OF ELECTIONS WOULD BE ABLE TO HAVE AN INTEREST IN OR WORK
FOR A VENDOR THAT SELLS EQUIPMENT TO THE BOARD OF ELECTIONS. NO BOARD
OF ELECTIONS EMPLOYEE WOULD BE ABLE TO HAVE AN INTEREST IN OR WORK FOR
AN ENTITY THAT IS SUPPLYING SERVICES TO A CANDIDATE WHOSE ELECTION IS
OVERSEEN BY THAT BOARD OF ELECTIONS. IT ALSO PROHIBITS CANDIDATES --
EXCUSE ME, CANDIDATES WHO ARE EMPLOYEES OF THE BOARD OF ELECTIONS
FROM STAYING ON THE PAYROLL WHEN THEY ARE RUNNING. SO IF YOU'RE IN A
PRIMARY, YOU HAVE TO GET OUT. IF YOU DON'T HAVE A PRIMARY, YOU HAVE TO
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NYS ASSEMBLY JUNE 3, 2024
GET OUT WITHIN 90 DAYS OF THE ELECTION. THEY'RE THE MAIN PROVISIONS OF
THIS, AND THANK YOU.
ACTING SPEAKER ZACCARO: MR. NORRIS.
MR. NORRIS: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER ZACCARO: MR. JACOBSON,
WILL YOU YIELD?
MR. JACOBSON: YES.
ACTING SPEAKER ZACCARO: THE SPONSOR
YIELDS.
MR. NORRIS: MY -- MY FIRST QUESTION IS DOES THIS
APPLY TO ALL OF THE BOARD OF ELECTIONS ACROSS THE STATE?
MR. JACOBSON: EXCUSE ME?
MR. NORRIS: DOES THIS APPLY TO ALL THE BOARD OF
ELECTIONS ACROSS THE STATE?
MR. JACOBSON: YES.
MR. NORRIS: DOES IT APPLY TO EVERY EMPLOYEE FROM
COMMISSIONER DOWN TO PART-TIME CLERK?
MR. JACOBSON: YES, IT DOES.
MR. NORRIS: OKAY. DO THESE BOARD EMPLOYEES
HAVE TO FILE IN THEIR JURISDICTIONS CONFLICT OF INTEREST FORMS?
MR. JACOBSON: USUALLY THE COUNTIES REQUIRE IT;
HOWEVER, MANY TIMES THE FORMS ARE VERY VAGUE. BUT IN THIS CASE WHAT
WE'RE DOING IS WE'RE GETTING VERY SPECIFIC TO -- ON CONFLICTS AT THE
BOARD.
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NYS ASSEMBLY JUNE 3, 2024
MR. NORRIS: DO YOU KNOW OF SITUATIONS WHERE THIS
HAS BEEN A PROBLEM?
MR. JACOBSON: I KNOW OF SITUATIONS WHERE THERE
ARE CONFLICTS. I DON'T KNOW ABOUT THE COUNTIES ENFORCING SUCH
PROHIBITIONS AGAINST CONFLICTS, BUT I CERTAINLY KNOW THAT THERE ARE
EMPLOYEES OF THE BOARD WHO OWN, SAY, A MAIL HOUSE OR A PRINTING SHOP
OR THESE THINGS THAT ARE USED BY CANDIDATES THAT ARE RUNNING IN THAT
COUNTY. NOW, IF THIS EMPLOYEE WANTS TO CONTINUE AND HAVE THIS
BUSINESS THEY CAN GO TO A NEIGHBORING COUNTY OR ANY OTHER COUNTY, OR
THEY CAN GO TO ANOTHER STATE. THE WHOLE IDEA IS TO MAKE SURE THAT THEY
ARE -- THEY DON'T HAVE THIS CONFLICT, BECAUSE YOU WOULD HAVE PEOPLE,
PARTICULARLY AS YOU MOVE UP THE FOOD CHAIN, MAKING DECISIONS THAT
WOULD IMPACT WHETHER THE CANDIDATE MIGHT EVEN BE ON THE BALLOT. AND
SO THAT WOULD -- SO THERE WOULD BE A CONFLICT RIGHT THERE BECAUSE THAT
PERSON WOULD HAVE A FINANCIAL INTEREST IN SEEING THAT THAT CANDIDATE
THAT HIS -- HIS OR HER COMPANY IS HELPING IS ON THE BALLOT.
MR. NORRIS: DO YOU -- DO YOU KNOW OF A SPECIFIC
EXAMPLE WHERE THAT'S CAUSED A PROBLEM, WHERE THERE'S ACTUALLY BEEN A
SITUATION WHERE SOMEONE ACTED IN SELF-INTEREST AGAINST THE DEMOCRACY?
MR. JACOBSON: WELL, I DO NOT KNOW OF WHETHER OR
NOT, FOR EXAMPLE, IF SOMEONE HAD A MAIL HOUSE, RIGHT, AND -- AND
MAYBE THEN THEY -- AND THEY'RE -- AND SOME CANDIDATE IN THAT COUNTY'S
JURISDICTION OR SOMEONE RUNNING IN THAT COUNTY IS A -- IS USING THAT MAIL
HOUSE, THAT'S AN INHERENT CONFLICT. NOW, WHETHER YOU CAN POINT TO
SOMETHING THAT WAS DONE THAT PERHAPS SHOULDN'T HAVE BEEN DONE, I
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NYS ASSEMBLY JUNE 3, 2024
DON'T KNOW. BUT YOU SEE, THE REASON THAT THIS BILL IS SO IMPORTANT IS
BECAUSE OUR ELECTORAL SYSTEM IS BEING ATTACKED EVERY DAY. EVERY DAY.
AND A LOT OF TIMES WITHOUT -- AND MOST TIMES WITHOUT LITTLE BASIS AND
FACT, AND BASED ON CONSPIRACY THEORIES. SO WHAT THIS WILL HELP DO IS
HELP TO RESTORE FAITH IN OUR ELECTORAL SYSTEM SO THAT PEOPLE KNOW THAT
WHEN THERE ARE ELECTIONS OR WHEN THERE'S PURCHASES BY THE BOARD OF
ELECTIONS, THERE WILL NOT BE A CONFLICT.
MR. NORRIS: OKAY. SO, MR. JACOBSON, IF THERE'S A
PART-TIME EMPLOYEE OF THE BOARD OF ELECTIONS AND THEY WORK FOR A
PRINTING COMPANY ON THE SIDE, IS THIS TRULY A PROBLEM IN OUR
DEMOCRACY?
MR. JACOBSON: WELL, IF THIS PERSON WORKS FOR A
PRINTING COMPANY AND THE PRINTING COMPANY IS DOING WORK FOR A
CANDIDATE, THEN THERE'S A CONFLICT THERE. YOU KNOW, THERE'S OTHER
PART-TIME JOBS THAT THIS PERSON CAN GET. AND SO I THINK THAT'S IMPORTANT
FOR THE -- FOR THE PUBLIC, FOR THEIR FAITH IN OUR PROCESS -- OF OUR ELECTORAL
PROCESS, THAT WE HAVE THESE CURBS.
MR. NORRIS: DON'T YOU THINK IT WOULD BE MORE
APPROPRIATE BASED UPON THEIR JURISDICTION THAT THEY REVIEW OR ENSURE
THAT THERE IS A DISCLOSURE FORM OF ANY POTENTIAL CONFLICTS OF INTEREST, AND
THEN THE COMMISSIONERS WEIGH THAT POTENTIAL CONFLICT AND POTENTIALLY
ASSIGN THE INDIVIDUALS NOT ON THAT PARTICULAR RACE OR TO ANOTHER RACE?
MR. JACOBSON: WELL, IN THEORY THAT WOULD BE
GREAT. BUT AS WAS MENTIONED, WHEN I STARTED LAW SCHOOL, IN FAMILY LAW
THEY SAID WHERE THERE'S LOVE THERE'S NO NEED FOR LAW. AND IN THIS CASE
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NYS ASSEMBLY JUNE 3, 2024
WHERE SOMEONE IS DOING THEIR JOB THEY WOULD SAY, HEY, YOU SHOULD NOT
BE HERE BECAUSE THAT'S A CONFLICT. BUT THAT ISN'T ALWAYS DONE BECAUSE
AS YOU KNOW, IN -- IN BOARDS OF ELECTIONS THEY'RE RUN BY EACH PARTY, THE
TWO MAJOR PARTIES, AND YOU GENERALLY HAVE FRIENDS OF YOURS OR PEOPLE
THAT ARE -- THAT ARE ACTIVE IN THE PARTY WITH EACH PARTY. SO THIS WAY IT'S
VERY SPECIFIC WHAT WE NEED TO DO TO ENSURE THAT THERE ARE NOT CONFLICTS.
MR. NORRIS: SO BASED UPON YOUR LEGISLATION, NO
BOARD EMPLOYEE FROM COMMISSIONER DOWN TO CLERK, TO THE DEPUTY
COMMISSIONER, TO A SUPERVISOR OF THE POLL BOOKS OR TO THE POLLING
PLACES, TO THE PART-TIME CLERK CAN HAVE ANY INTEREST WHATSOEVER IN ANY
BUSINESS ASSOCIATED WITH ELECTIONS?
MR. JACOBSON: THAT'S TRUE. THAT'S ABSOLUTELY
TRUE. AND THAT PERSON CANNOT HAVE ANY INTEREST OR WORK FOR A VENDOR
THAT'S GONNA SELL POLL BOOKS AND PRINTERS AND MACHINES THAT COUNT
BALLOTS. THAT'S VERY IMPORTANT, I THINK.
MR. NORRIS: I -- I'M NOT DISPUTING THAT CONFLICTS OF
INTEREST SHOULDN'T BE GIVEN DUE DILIGENCE AND WEIGHED, BECAUSE I -- I
THINK THAT THERE ARE CONFLICTS ALL OVER THE PLACE AND, QUITE FRANKLY, THERE
SHOULD BE A MECHANISM FOR THEM TO BE WEIGHED. AND MY SUGGESTION
TO YOU WOULD BE A MORE APPROPRIATE WAY OF DOING IT INSTEAD OF A
BLANKET BAN ACROSS THE ENTIRE STATE, IS TO REQUIRE EVERY BOARD OF
ELECTIONS EMPLOYEE IN THEIR JURISDICTION TO FILE A DISCLOSURE FORM. JUST
LIKE THE NEW YORK STATE LEGISLATURE DOES, AND YOU CAN SEE IT. AND JUST
LIKE I KNOW IN MY COUNTY, YOU CAN SEE IT UPON REQUEST, I BELIEVE, IN OUR
COUNTY. BUT THEY -- BUT THEY CAN WEIGH THAT IF THERE'S ANY SITUATION. I
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NYS ASSEMBLY JUNE 3, 2024
THINK THAT WOULD BE THE MORE APPROPRIATE REMEDY IN THIS SITUATION
BECAUSE THEN THE HEAD OF THE JURISDICTION CAN DETERMINE WHETHER OR NOT
THERE IS A TRUE CONFLICT AND POTENTIALLY TAKE STEPS TO REMEDY IT WHERE
THERE IS ABSOLUTELY NO CONFLICT. AND I WILL GIVE YOU AN EXAMPLE. IF
SOMEBODY IS RUNNING IN MY COUNTY, FOR EXAMPLE, IN ONE PARTICULAR
WARD FOR A WARD OFFICE OR FOR A TOWN OFFICE OR MAY BE INVOLVED WITH A
PARTICULAR BUSINESS WITH THAT AREA, THE COMMISSIONERS SIMPLY DO NOT
ASSIGN THEM TO THAT AREA, AND THEY CAN BE -- HAVE OTHER CLERKS OR OTHER
INDIVIDUALS DO THAT. IF THEY'RE RUNNING FOR PUBLIC OFFICE, FOR EXAMPLE,
THE SAME THING. NO, YOU CANNOT GO AND COUNT THOSE BALLOTS IN THAT
AREA, YOU HAVE NO JURISDICTION OVER REVIEWING THE PETITIONS IN THAT AREA.
SO I THINK THAT IT'S IMPORTANT, OBVIOUSLY, THAT CONFLICTS ARE VETTED AND
THEY'RE -- AND THEY ARE DISCLOSED AND THEY'RE REVIEWED. BUT JUST
BECAUSE THERE MAY BE A CONFLICT IN ONE PARTICULAR SITUATION DOES NOT
MEAN IT EXTENDS TO THE ENTIRE STATE AND EVERY EMPLOYEE OF THE BOARD.
MR. JACOBSON: WELL, I'M HAPPY -- I'M HAPPY TO
HEAR THAT YOU DO NOT HAVE ANY CONFLICTS IN YOUR -- AT YOUR BOARD OF
ELECTIONS, BUT I DON'T --
MR. NORRIS: NOT THAT I'M AWARE OF.
MR. JACOBSON: -- HAVE THAT CONFIDENCE IN A LOT OF
BOARD OF ELECTIONS. I DON'T HAVE THAT CONFIDENCE IF A -- IF A
COMMISSIONER OWNS A PRINTING HOUSE, YOU KNOW, AND THEN YOU HAVE
CANDIDATES THAT ARE USING THAT PRINTING HOUSE. I -- I DON'T HAVE THAT
CONFIDENCE. SO THIS WAY, WHAT THIS BILL WILL DO, IT WILL HAVE SPECIFIC
RULES SO THAT WE KNOW TO ELIMINATE CONFLICTS BOTH ON A FINANCIAL BASIS
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NYS ASSEMBLY JUNE 3, 2024
BOTH FROM SELLING PRODUCTS AND FOR HELPING CANDIDATES WHO ARE -- WHO
ARE UNDER THE JURISDICTION OF THAT BOARD OF ELECTIONS.
MR. NORRIS: WOULD A POLL WORKER BE SUBJECT TO
THESE RULES AND REGULATIONS, OF THE STATUTE?
MR. JACOBSON: YES.
MR. NORRIS: A POLL WORKER.
MR. JACOBSON: YES.
MR. NORRIS: SO THEY WORK MAYBE TWO, THREE, FOUR
TIMES A YEAR, THEY -- THEY CANNOT VOLUNTEER IN ANY JURISDICTION WHERE IT
DOESN'T IMPACT THEM?
MR. JACOBSON: WELL, IF THEY OWN -- IF THEY'RE
INVOLVED WITH A BUSINESS THAT IS HELPING A CANDIDATE, WELL, LET'S -- YOU
KNOW, WHAT WE'RE TRYING TO DO HERE IS NOT ONLY PREVENT CONFLICTS, BUT
PREVENT THE APPEARANCE OF CONFLICTS. AND IF SOMEONE KNOWS THAT, HEY,
THIS PERSON IS -- HAS -- HAS A MAIL HOUSE OR SOMETHING SUCH AS
TELEPHONE SERVICES FOR A CANDIDATE AND ALL OF A SUDDEN THE OPPONENT
SEES THIS PERSON SITTING AT THE POLL SITE ON ELECTION DAY OR MAYBE EVEN
FOR THE WHOLE TIME OF EARLY VOTING, THAT DOES NOT REALLY RENDER
CONFIDENCE IN THE SYSTEM.
MR. NORRIS: I UNDERSTAND THAT, MR. JACOBSON. BUT
MY POINT IS IF THAT POLL WORKER, FOR EXAMPLE, IS WORKING FOR A CANDIDATE
IN A PARTICULAR JURISDICTION YET IT DOESN'T TAKE IN ANOTHER PART, WHY CAN'T
THEY GO WORK THERE? THAT'S WHY I JUST THINK THAT THIS LEGISLATION IS WAY
TOO BROAD AND THAT WE COULD EXAMINE TO MAKE SURE THAT WE -- WE DON'T
HAVE CONFLICTS. I DON'T WANT TO HAVE ANY CONFLICTS, I DON'T WANT THE
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NYS ASSEMBLY JUNE 3, 2024
IMPROPRIETY TO HAVE ANY CONFLICTS. BUT I WANT TO MAKE SURE THAT WE --
THAT THOSE ARE ALSO WEIGHED. I MEAN, WHEN WE HAVE A SITUATION HERE
WHERE WE HAVE A QUESTION, WE CAN REACH OUT TO THE LEGISLATIVE ETHICS
COMMITTEE AND THEY CAN GIVE US AN OPINION. AND I THINK THAT THE --
THIS CURRENT PIECE OF LEGISLATION IS JUST FAR TOO BROAD BECAUSE IT DOES --
IT'S A BLANKET, IT'S COMPLETELY BLANKET THROUGHOUT THE ENTIRE STATE, AND IT
DOESN'T SAY, WELL, LET'S DISCLOSE THE CONFLICT, LET'S SEE WHAT IT IS. LET'S
HAVE AN INDEPENDENT BODY OR THE COMMISSIONERS REVIEW THAT CONFLICT,
THEN WE WOULD DETERMINE WHETHER OR NOT THERE IS A TRUE CONFLICT AND
WHETHER OR NOT WE SHOULD TAKE REMEDY TO CORRECT IT. THAT'S MY POINT,
BECAUSE --
MR. JACOBSON: I UNDER -- I UNDERSTAND YOUR POINT.
BUT IF THE EXISTING FRAMEWORK WE HAVE NOW WAS SO GOOD, THEN THESE
CONFLICTS WOULD BE KNOWN ALREADY. SO THIS WAY, I THINK -- I -- I
UNDERSTAND YOUR POINT, YOU THINK IT'S TOO BROAD. I'M TRYING TO RESTORE
CONFIDENCE OF THE PUBLIC IN OUR ELECTORAL SYSTEM.
MR. NORRIS: SO HOW DO YOU SQUARE UP PARTY
LEADERSHIP WITH BOARD EMPLOYEES, THEN? BECAUSE OBVIOUSLY THEY'RE
ADVOCATES, THEY'RE ADVOCATING FOR THEIR CANDIDATE. THAT'S HOW OUR
SYSTEM IS SET UP. WHAT IS THE DIFFERENCE?
MR. JACOBSON: WELL, I HAVE A PROVISION THERE
WHERE COMMITTEE PEOPLE AND OTHER -- THOSE THAT HOLD PARTY POSITIONS
MAY ENDORSE OR SUPPORT A CANDIDATE, AND IT WOULD NOT HAVING IT BE
CONSIDERED A CONFLICT.
MR. NORRIS: SO LET ME ASK YOU THIS QUESTION: SO IF
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NYS ASSEMBLY JUNE 3, 2024
A TOWN CHAIRMAN WHO HAPPENS TO WORK FOR THE BOARD OF ELECTIONS AS A
CLERK ENDORSES CANDIDATE A, THAT'S OKAY THEN?
MR. JACOBSON: YES. THE REASON THAT THAT WAS IN
THERE IS THAT AS YOU KNOW, MOST OF THE WORKERS AT THE BOARD OF
ELECTIONS ARE ON COMMITTEES, ON THE COUNTY COMMITTEE OF THE PARTY.
AND SO WE -- WE DIDN'T WANT TO HAVE IT SO THAT THE BOARD OF ELECTIONS
THEN SAYS, WELL, WE CAN'T GET ANY WORKERS, AND I TOOK INTO
CONSIDERATION OF THE -- OF THE NEEDS OF THE COMMISSIONERS AND I SPOKE
TO THEM BEFORE FINALIZING THIS BILL. SO I WANTED TO HAVE IT SO THAT IT
COULD BE THE NORMAL SUPPORTING AND -- AND HAVING PEOPLE SUPPORT OR
ENDORSE.
MR. NORRIS: SO THEY CAN SERVE IN A PARTY POSITION,
THEY CAN BE POTENTIALLY OF AUTHORITY, MAYBE OVERSEEING A PARTICULAR
TABLE WHERE THE VOTES ARE BEING CAST, MAYBE RULING ON PETITIONS,
DEPENDING UPON THEIR POSITION, THAT'S OKAY BECAUSE -- BECAUSE THEY'RE A
PARTY LEADER THAT'S OKAY, THERE'S NO CONFLICT THERE WHATSOEVER.
MR. JACOBSON: THAT'S -- THAT'S WHAT THE -- THIS BILL
SAYS. AND YOU HAVE TO REMEMBER THAT THIS IS -- THIS IS DIFFERENT
BECAUSE I WOULD ASSUME THAT EVERYBODY THAT WORKS AT THE BOARD
SUPPORTS CANDIDATES. I ASSUME THAT, I WOULD HOPE SO. I WOULD HOPE
EVERYBODY HERE SUPPORTS THE CANDIDATES. BUT, I WOULD SAY BUT WHEN
YOU HAVE A SITUATION WHERE YOU HAVE A FINANCIAL INTEREST, THAT'S
DIFFERENT. AND WE DON'T WANT TO SEE PEOPLE GETTING UNDUE ADVANTAGE
WHEN WE SELL EQUIPMENT TO THE BOARD OF ELECTIONS AND WE DON'T WANT
TO SEE PEOPLE GETTING AN UN -- HAVING A CONFLICT FINANCIALLY.
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NYS ASSEMBLY JUNE 3, 2024
MR. NORRIS: OKAY. DOES IT APPLY -- APPLY TO
SPOUSES?
MR. JACOBSON: WHAT'S THAT?
MR. NORRIS: DOES IT APPLY TO SPOUSES? IF A SPOUSE
HAS A -- HAS A COMPANY, DOES IT GO THAT FAR?
MR. JACOBSON: NO, IT WOULD NOT APPLY TO A
SPOUSE.
MR. NORRIS: IT DOESN'T. SO THEY CAN JUST SET UP AN
LLC THROUGH A SPOUSE AND DO IT THAT WAY?
MR. JACOBSON: YEAH, BUT THEN -- BUT THEN, AS YOU
SAID BEFORE, YOU WOULD HAVE A -- YOU WOULD HAVE THE COUNTY HAVE THEIR
DISCLOSURE STATEMENT, AND I'M SURE THAT YOUR COMMISSIONER THAT -- THAT'S
WIPING OUT CONFLICTS WOULD THEN SAY NO, THAT'S NOT RIGHT.
MR. NORRIS: OKAY. SO I -- I ASSUME THAT SPOUSES
AREN'T INCLUDED. CHILDREN AREN'T INCLUDED, EITHER, THEN, OF THE
EMPLOYEE?
MR. JACOBSON: NO.
MR. NORRIS: OKAY. THANK YOU VERY MUCH, MR.
JACOBSON, FOR ANSWERING MY QUESTIONS.
MR. JACOBSON: THANK YOU, SIR.
MR. NORRIS: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
NORRIS.
MR. NORRIS: THANK YOU, MR. JACOBSON, FOR
ANSWERING MY QUESTIONS. I WANT TO MAKE IT PERFECTLY CLEAR, I THINK IT'S
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NYS ASSEMBLY JUNE 3, 2024
IMPORTANT THAT CONFLICTS OF INTEREST ARE DISCLOSED AND THAT THEY ARE
WEIGHED BECAUSE IT DOES PROTECT OUR DEMOCRACY TO ENSURE THAT THERE
ARE NO CONFLICTS OF INTEREST. BUT THIS BILL IS A BLANKET BILL ALL THE WAY
ACROSS THE STATE FOR EVERY POSITION AT THE BOARD OF ELECTIONS, FROM
COMMISSIONER RIGHT DOWN TO POLL WORKER, WE FOUND OUT TODAY. THAT IS
FAR TOO BROAD. AND I THINK IT WOULD BE A -- A MORE APPROPRIATE REMEDY
TO ENSURE THAT WE HAVE ETHICS AND TRANSPARENCY AND OPENNESS AND
ACCOUNTABILITY IS TO MAKE SURE THAT THE BOARD OF ELECTIONS EMPLOYEES
COMPLETE THE REQUIRED ETHICS FORMS FOR THEIR JURISDICTION IF IT'S SO
REQUIRED, OR EXAMINE OF MAYBE DOING ONE AS PART OF THE COURSE OF
ACTION. AND THEN IF THERE WAS A COMPLAINT FILED, THAT COULD BE THEN
REVIEWED AND WEIGHED BY THE PROPER JURISDICTION, WHETHER IT BE THE
COMMISSIONERS OR A BOARD OF ETHICS OR WHATEVER THE CASE MAY BE. AND
I JUST FEEL THAT, AGAIN, THIS IS WAY TOO BROAD. IT APPLIES TO EVERY
PARTICULAR EMPLOYEE OF THE BOARD WHEN, IN FACT, WE DON'T KNOW, EVEN
FROM WHAT THE SPONSOR TOLD ME, OF ANY SPECIFIC INSTANCES OF WHERE A
CONFLICT IS. SO I JUST THINK IT'S IN DUE COURSE AND PROPER REMEDY TO HAVE
THESE CONFLICT FORMS FILLED OUT, REVIEWED AND THEN PROCEEDED TO ENSURE
THAT THERE IS NO CONFLICT OR EVEN THE APPEARANCE OF A CONFLICT, AND THAT
WOULD BE THE APPROPRIATE REMEDY COMPARED TO THIS BLANKET PROHIBITION
ACROSS THE ENTIRE STATE OF ANY BOARD OF ELECTIONS EMPLOYEE DOING ANY
SENSE OF BUSINESS IN CONNECTION WITH A CAMPAIGN OR IN ESSENCE MAYBE
A CONFLICT DOES NOT EVEN EXIST. THAT'S WHY IT SHOULD BE REVIEWED ON A
CASE-BY-CASE BASIS AND DONE THAT WAY.
SO AGAIN, MR. SPEAKER, FOR THOSE REASONS I WILL BE
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NYS ASSEMBLY JUNE 3, 2024
OPPOSING THIS BILL. I HOPE THAT THE SPONSOR TAKES MY COMMENTS INTO
CONSIDERATION IN FUTURE AMENDMENTS OR WHEN THE GOVERNOR REVIEWS THE
BILL, AND I WOULD ASK MY COLLEAGUES TO JOIN WITH ME IN OPPOSING THIS
LEGISLATION IN ITS -- IN ITS CURRENT FORM. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
BEFORE WE PROCEED WITH MR. FLOOD, WE'RE GOING TO
AMEND -- ON A MOTION BY MR. JACOBSON, THE SENATE BILL IS BEFORE THE
HOUSE. THE SENATE BILL IS ADVANCED.
MR. FLOOD.
MR. FLOOD: THANK YOU, SPONSOR [SIC]. WOULD THE
SPONSOR YIELD FOR JUST A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MR. JACOBSON, WILL
YOU YIELD, SIR?
MR. JACOBSON: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. FLOOD: THANK YOU. JUST TO CLARIFY, INSIDE THIS
BILL IT SAYS FINANCIAL INTEREST. IS IT DEFINED AS EITHER, YOU KNOW, STOCK
OWNERSHIP OR A PARTIAL OWNERSHIP OF A BUSINESS, OR DOES IT EXTEND TO
JUST AN EMPLOYEE OF A BUSINESS?
MR. JACOBSON: WELL, AS YOU KNOW FROM READING
THE BILL, IT SAYS VERY SPECIFICALLY THAT IF SOMEONE EITHER IS AN EMPLOYEE
OR HAS A FINANCIAL INTEREST IN A COMPANY THAT'S PROVIDING SERVICES TO
CANDIDATES OR A COMPANY THAT IS SELLING TO THE BOARD OF ELECTIONS, THAT'S
A CONFLICT.
MR. FLOOD: OKAY. SO YOU SAID SPECIFICALLY, AND
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NYS ASSEMBLY JUNE 3, 2024
YOU KNOW, I WAS IN LAW SCHOOL, TOO, MY DEFINITION OF SPECIFIC MIGHT BE
SOMETHING SLIGHTLY DIFFERENT TO YOU WHEN YOU USE SUCH WORDS AS --
WHERE IS IT -- "INCLUDES BUT IS NOT LIMITED TO", MEANING THAT IT'S PRETTY
BROAD. SO LET ME ASK YOU THIS: IF I'M AN EMPLOYEE OF THE BOARD AND I
WORK PART-TIME AS A BARTENDER ON THE WEEKENDS AT A RESTAURANT AND NOW
A CANDIDATE THEN CONTRACTS TO USE THAT BAR OR RESTAURANT FOR A FUNDRAISER,
IS THAT NOT A CONFLICT?
MR. JACOBSON: SO SAY -- YOU'RE SAYING AN
EMPLOYEE THAT --
MR. FLOOD: SO, AN EMPLOYEE OF THE BOARD HAS A
PART-TIME JOB AS A BARTENDER. NOW A CANDIDATE FROM A LOCAL PARTY RENTS
THAT BAR OR RESTAURANT OUT FOR THE EVENING FOR A FUNDRAISER, A POLITICAL
FUNDRAISER, IS THAT NOW A CONFLICT?
MR. JACOBSON: I DON'T THINK THAT THE EMPLOYEE
THERE OR THE BAR IS -- IS PROVIDING SERVICES TO A CANDIDATE, PER SE, IN THAT
THERE'S A CONFLICT THERE, AND I THINK THAT THAT WOULD NOT BE CONSIDERED A
CONFLICT.
MR. FLOOD: WELL, BUT YOU'D SAID WE -- WE WERE
HAVING VERY SPECIFIC TERMS HERE, AND AN "I DON'T THINK SO" IS EXACTLY
SOMETHING THAT SHOULD BE GOING WHEN WE'RE DOING LEGISLATION. LET ME
-- LET ME GIVE YOU A DIFFERENT EXAMPLE. SAY AN EMPLOYEE OF THE BOARD
MAYBE WORKS PART-TIME ON THE WEEKENDS AT, SAY, A UPS STORE OR A
FEDEX STORE.
MR. JACOBSON: AT WHERE?
MR. FLOOD: UPS OR FEDEX, THE FEDEX STORES. YOU
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NYS ASSEMBLY JUNE 3, 2024
KNOW, THEY COMMONLY SHIP WHATEVER. NOW, AS A SMALL PORTION OF
THOSE BUSINESSES, SOME OF THEM DO HAVE PRINTING JOBS. THEY CAN NEVER
HAVE A POLITICAL ASPECT WHATSOEVER AND THEN SOMEONE RUNNING FOR
OFFICE MAY JUST SAY, HEY, THEY GOT A GREAT RATE, LET ME GO THERE. IS THAT
NOW A CONFLICT?
MR. JACOBSON: I -- I THINK THAT IF WE START GETTING
INTO EVERY CASE-BY-CASE BASIS WE WOULD HAVE TO EXTEND OUR -- THE
SESSION FOR ANOTHER WEEK. THE WHOLE IDEA IS TO AVOID THE APPEARANCE
OF CONFLICTS, AND TO -- THAT'S WHY WHEN IT'S MENTIONED WHAT THE INTERESTS
ARE, AND I KNOW IT SAYS "BUT NOT LIMITED TO", IT GIVES THE TYPE OF
BUSINESSES THAT WOULD BE INVOLVED AND, THEREFORE, IT EXPLAINS THAT. BUT
IT SHOULD -- WE HAVE NOT LISTED A CERTAIN BUSINESS, THEN IT WOULD BE
COVERED.
MR. FLOOD: OKAY, BUT THAT DOESN'T ACTUALLY ANSWER
MY QUESTION. SO WHAT HAPPENS WHEN SOMEONE, YOU KNOW, WORKS
OUTSIDE AND ONLY A SMALL PORTION OF THAT BUSINESS IS DEFINED UNDER THIS,
BECAUSE THAT'S -- THAT'S BEING LEFT OPEN FOR INTERPRETATION AND YOU'RE
SAYING WE'RE DEALING WITH VERY SPECIFIC NARROWS. SO WHAT WOULD
HAPPEN IF, SAY, SOMEONE WORKED AT A UPS STORE FOR YEARS, NO ONE EVER
CAME IN FOR A PRINTING JOB FOR A POLITICAL CANDIDATE, BUT THEN SOMEONE
DOES NOW, AND UNDER THIS, AS A PRINTING BUSINESS, THAT'S NOW A CONFLICT?
SO DOES THAT EMPLOYEE OF THE BOARD HAVE TO QUIT THEIR PART-TIME JOB
BECAUSE NOW THERE'S A CANDIDATE THAT CAME IN AND USED THEIR SERVICES
FOR PRINTING IN A VERY SMALL CAPACITY.
(PAUSE)
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NYS ASSEMBLY JUNE 3, 2024
MR. JACOBSON: I THINK IT'S SIMPLE THAT IF THE OTHER
JOB AND THE -- AND WHAT IS GOING ON WITH THAT OTHER COMPANY RISES TO A
-- A CONFLICT, THEN THAT THAT PERSON WOULD HAVE TO QUIT THE JOB OR QUIT
THE BOARD OF ELECTIONS.
MR. FLOOD: OKAY. BUT WHAT -- WHAT'S BECOMING
MORE AND MORE UNCLEAR IS WHAT EXACTLY IS A CONFLICT, BECAUSE THIS
STATUTE, IT SEEMS TO BE OVERLY BROAD.
I'M SORRY. SPEAKER, CAN WE GO ON THE BILL, PLEASE?
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. FLOOD: SO THOSE ARE JUST A COUPLE EXAMPLES OF
ISSUES THAT COULD COME UP. NOTHING UNDER THE STATUTE MAKES ANYTHING
ABOUT THIS CLEAR. THIS IS AN OVERLY BROAD STATUTE THAT'S OPEN FOR
INTERPRETATION BY ANY SET OF (INAUDIBLE). I KNOW WE HAVE A LOT OF
ATTORNEYS IN THIS BUILDING. I'M SURE A LOT OF US LOOK AT THIS BILL AND CAN
INTERPRET IT DIFFERENT WAYS. THIS TYPE OF BILL IS GOING TO OPEN UP
LITIGATION THROUGHOUT THE STATE FOR ALLEGED VIOLATIONS AND NOT. I DON'T
BELIEVE THIS BILL DOES ANYTHING TO HELP THE, YOU KNOW, ELECTION
INTEGRITY. I -- I DO COMMEND THE SPONSOR IN TERMS OF TRYING TO MAKE
THE PUBLIC MORE, YOU KNOW, MORE CONFIDENT IN OUR ELECTION SYSTEM
BECAUSE I BELIEVE HE IS CORRECT THAT THERE IS, YOU KNOW, SOME DISTRUST IN
THE ELECTION PROCESS GOING ON IN THE STATE AND THE COUNTRY RIGHT NOW.
BUT JUST PUTTING OUT LEGISLATION TRYING TO PASS IT TO FIX AN ISSUE THAT
UNFORTUNATELY WE DON'T KNOW ANY SPECIFIC ISSUES IN THE STATE THAT THIS
HAS EVER HAPPENED, I THINK IT'S UNWISE.
SO I WILL BE IN THE NEGATIVE AND I -- I ASK MY
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NYS ASSEMBLY JUNE 3, 2024
COLLEAGUES TO DO THE SAME. THERE'S JUST TOO MUCH THAT CAN GO WRONG
WITH THIS TYPE OF OPEN-ENDED LEGISLATION. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MR. JACOBSON, WILL
YOU YIELD?
MR. JACOBSON: YES.
ACTING SPEAKER AUBRY: MR. JACOBSON YIELDS.
MR. GOODELL: THANK YOU, MR. JACOBSON. ONE OF
THE PROVISIONS OF THIS BILL WOULD REQUIRE ANY BOARD OF ELECTIONS
EMPLOYEE WHO IS IN AN ELECTION THAT MIGHT BE SUPERVISED BY THE BOARD
OF ELECTIONS TO TAKE A LEAVE OF ABSENCE WHILE THAT ELECTION IS PENDING,
CORRECT?
MR. JACOBSON: IF THE PERSON IS RUNNING FOR OFFICE.
MR. GOODELL: AND THAT WOULD -- THEY WOULD HAVE
TO TAKE THE LEAVE OF ABSENCE PRESUMABLY THE DAY THE PETITIONS WERE
FILED TO PUT THEM ON THE BALLOT?
MR. JACOBSON: IF THERE IS NO PRIMARY, THEN THE
PERSON WOULD HAVE TO TAKE A LEAVE OF ABSENCE 90 DAYS PRIOR TO THE
ELECTION.
MR. GOODELL: I SEE. AND THAT WOULD APPLY TO ANY
ELECTION OR -- THAT'S SUPERVISED BY THE BOARD OF ELECTIONS, CORRECT?
MR. JACOBSON: THAT'S CORRECT.
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NYS ASSEMBLY JUNE 3, 2024
MR. GOODELL: SO THAT WOULD APPLY TO SCHOOL
BOARD ELECTIONS?
MR. JACOBSON: YES, IF -- IF THEY ARE -- MOST
SCHOOL BOARD ELECTIONS ARE NOT SUPERVISED BY THE BOARD OF ELECTIONS,
BUT SOME PLACES THEY ARE.
MR. GOODELL: LIKEWISE, FIRE DISTRICT ELECTIONS?
MR. JACOBSON: WHAT KIND?
MR. GOODELL: FIRE DISTRICTS.
MR. JACOBSON: YES, IF -- IF THEY'RE SUPERVISED BY
THE BOARD OF ELECTIONS.
MR. GOODELL: CERTAINLY, VILLAGE TRUSTEES, CITY
TRUSTEES, A PARTY --
MR. JACOBSON: WHAT'S THAT?
MR. GOODELL: -- PARTY (INAUDIBLE). I MEAN, I'VE
BEEN INVOLVED IN SITUATIONS WHERE THERE WERE CONTESTS BETWEEN PARTY
MEMBERS FOR POSITIONS IN THE PARTY. THOSE ARE SUPERVISED BY THE BOARD
OF ELECTIONS AS WELL, RIGHT?
MR. JACOBSON: YES. WE -- WE MADE AN
EXCEPTION ONLY IF THE PARTY POSITION IS PAID FOR. ONLY IF THE PARTY
POSITION IS PAID FOR. YOU'RE TALKING ABOUT A -- A PRIMARY FOR A
COMMITTEE PERSON, YOU MEAN?
MR. GOODELL: YES.
MR. JACOBSON: IT WOULD -- IT WOULD NOT BE -- WE
-- WE TOOK THAT OUT AND SAID ONLY IF THE POSITION IS PAID FOR.
MR. GOODELL: I SEE. AND YOU MENTIONED EARLIER
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NYS ASSEMBLY JUNE 3, 2024
THIS BILL WOULDN'T ALLOW FOR WHAT WE IN THE LAW FIELD MIGHT CALL A
CHINESE WALL WHERE YOU SEPARATE A PERSON FROM ANYTHING THAT MIGHT
CREATE A CONFLICT, CORRECT? IT'S AN ABSOLUTE BAR, THERE'S NO INTERNAL
MECHANISMS THAT COULD BE UTILIZED TO KEEP THE PERSON EMPLOYED,
CORRECT?
MR. JACOBSON: COULD YOU STATE THAT AGAIN? I
DIDN'T QUITE CATCH THAT.
MR. GOODELL: IN LAW FIRMS, AS YOU KNOW,
SOMETIMES WHEN THERE'S A CONFLICT THE LAW FIRMS HAVE WHAT THEY CALL A
CHINESE WALL AND THEY BASICALLY SAY THE PERSON WHO'S CONFLICTED OUT
CAN'T HAVE ANY CONTACT OR BE INVOLVED IN ANY WAY IN A SITUATION THAT'S A
CONFLICT. THAT CONCEPT HAS NO PLACE IN THIS BILL.
MR. JACOBSON: YOU MEAN IF THE -- IF THE LAWYER IS
HIRED BY THE BOARD, YOU MEAN?
MR. GOODELL: YES.
MR. JACOBSON: YEAH, THAT WOULD BE A CONFLICT. I
THINK IN THAT SITUATION IT WOULD BE -- THE PERSON'S GOT TO DECIDE.
MR. GOODELL: I APOLOGIZE.
MR. JACOBSON: OKAY.
MR. GOODELL: YEAH, I -- I WASN'T LOOKING ON THE
FINANCIAL SIDE, I WAS LOOKING MORE ON THE ELECTION SIDE. IN OTHER
WORDS, IF YOU HAD A CONTESTED RACE FOR VILLAGE TRUSTEE, THIS BILL WOULD
NOT ALLOW THE BOARD OF ELECTIONS TO ALLOW THE EMPLOYEE TO REMAIN
EMPLOYED, BUT SIMPLY NOT HAVE ANYTHING TO DO WITH THAT VILLAGE
ELECTION, CORRECT? THEY WOULD HAVE TO STEP DOWN.
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NYS ASSEMBLY JUNE 3, 2024
MR. JACOBSON: IF THE VILLAGE ELECTION IS OVERSEEN
BY THE BOARD --
MR. GOODELL: YES.
MR. JACOBSON: -- THEN THE RULES WOULD APPLY. IF
IT'S OVERSEEN BY THE VILLAGE BOARD IT WOULDN'T.
MR. GOODELL: THANK YOU. AND I APPRECIATE YOUR
COMMENTS WHICH ARE ALWAYS DIRECT AND HELPFUL. THANK YOU, SIR.
MR. JACOBSON: THANK YOU, MR. GOODELL.
MR. GOODELL: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: AS MY COLLEAGUE MENTIONED, THIS
WOULD APPLY TO ANY BOARD OF ELECTIONS EMPLOYEES INCLUDING POLL
WORKERS. AND IT WOULD APPLY TO ANY ELECTION INVOLVING THE BOARD OF
ELECTIONS, WHICH MEANS THAT IF ANY OF YOUR POLL WORKERS WERE RUNNING
FOR A VILLAGE TRUSTEE OR CITY COUNCIL OR TOWN BOARD MEMBER, MAYBE
EVEN SCHOOL BOARD MEMBER, YOU WOULDN'T BE ABLE TO HIRE THEM AS A POLL
WATCHER, WHICH IS AMAZING. YOU WOULDN'T EVEN BE ALLOW -- ALLOW THEM
TO WORK AS A POLL WATCHER IN A DISTRICT THAT HAD NOTHING WHATSOEVER TO
DO WITH THEIR OWN ELECTION. SO IN MY COUNTY IF YOU'RE RUNNING TO BE ON
THE BOARD OF TRUSTEES FOR A TOWN IN THE SOUTH END OF THE COUNTY, THIS BILL
WOULD SAY YOU WOULDN'T BE ALLOWED TO BE A POLL WORKER, AND THE OTHER
END OF MY COUNTY WHICH IS A 45-MINUTE DRIVE WHICH IS 30 MILES AWAY.
IT'S JUST TOO BROAD. AND THEN WE PUT ON THERE THAT IF YOU ARE AN
EMPLOYEE, INCLUDING EVEN A PART-TIME EMPLOYEE OR A POLL WORKER, YOU
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NYS ASSEMBLY JUNE 3, 2024
HAVE TO RESIGN AND TAKE A LEAVE OF ABSENCE FOR 90 DAYS IF YOU HAVE THE
TENACITY TO RUN FOR A VILLAGE TRUSTEE OR A TOWN CLERK OR A HIGHWAY
SUPERINTENDENT, OR GOD FORBID, AT A VOLUNTEER FIRE DISTRICT.
AS MY COLLEAGUES MENTIONED, WE CAN ADDRESS
CONFLICTS OF INTEREST WITHOUT GOING OVERBOARD. I FULLY SUPPORT ALL THE
LOCAL EFFORTS TO AVOID CONFLICTS OF INTEREST AND I THINK THEY CAN DO IT IN A
MUCH MORE EFFECTIVE WAY WITHOUT FORCING PEOPLE TO RESIGN FOR 90 DAYS
FOR HAVING THE TENACITY TO SERVE THEIR COMMUNITY IN AN ELECTION --
ELECTED POSITION. AND FOR THAT REASON I WON'T BE SUPPORTING IT. AGAIN,
THANK YOU TO MY COLLEAGUE WHO ALWAYS GIVES US DIRECT, STRAIGHTFORWARD
ANSWERS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED. THOSE WHO SUPPORT IT SHOULD VOTE
YES ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, IF SOMEONE DESIRES TO BE AN EXCEPTION THEY
SHOULD FEEL FREE TO VOTE AT THEIR SEATS.
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NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. JACOBSON TO EXPLAIN HIS VOTE.
MR. JACOBSON: THANK YOU, MR. SPEAKER. OUR
DEMOCRACY IS UNDER ATTACK. THE ELECTORAL SYSTEM IS QUESTIONED ON A
REGULAR, IF NOT DAILY, BASIS. A LOT OF THIS QUESTIONING IS NOT -- DOES NOT
HAVE A BASIS IN FACT BUT MERELY CONSPIRACY THEORIES. AND THESE ATTACKS
HAVE UNDERMINED THE PUBLIC'S CONFIDENCE IN OUR -- IN THE SYSTEM AND
OUR BOARDS OF ELECTIONS AND THE BASIC WORK THAT THEY DO. FOR A
DEMOCRATIC PROCESS TO WORK, THE PUBLIC MUST HAVE FAITH THAT THE BOARDS
OF ELECTIONS ARE ACTING IN THE BEST INTERESTS OF THE PUBLIC AND NOT
THEMSELVES, THAT THEY ARE FAIRLY ADMINISTERING ELECTIONS. THIS BILL WILL
HAVE SPECIFIC GUIDELINES AND -- AND RULES, I SHOULD SAY, MORE THAN
GUIDELINES OF THE LAW, WHAT IS A CONFLICT AND WILL BE STATEWIDE. IF THERE
WAS NO (INAUDIBLE) OF CONFLICTS THAT EXIST THERE WOULD NOT BE A NEED FOR
THIS LAW. AND SO I THINK THAT WHAT'S NEEDED IS FOR US TO DO WHAT WE CAN
TO SET THE RULES SO THAT THERE ARE LESS CONFLICTS AT THE BOARD OF ELECTIONS
AND ALL OF GOVERNMENT.
SO WITH THAT, I PROUDLY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. JACOBSON IN THE
AFFIRMATIVE.
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MR. SPEAKER. I'LL BE BRIEF.
I -- OF COURSE WE WANT TO TRY TO PREVENT CONFLICTS OF INTEREST. IT'S ALWAYS
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INTERESTING AS WE DO OUR WORK WHEN WE LOOK AND SEE THE TITLES OF
THINGS BECAUSE WE THINK WELL, THAT SOUNDS LIKE AN EXCELLENT IDEA, AND
THEN WHEN YOU ACTUALLY READ THE BILL AND YOU ACTUALLY ENGAGE IN
MEANINGFUL DEBATE LIKE WE JUST HAD, YOU START TO UNPACK AND REALIZE
WHAT THIS BILL IS REALLY DOING. YOU KNOW, WE HAVE A HARD ENOUGH TIME
GETTING PEOPLE TO SERVE AT THE LOCAL LEVEL, AT THE VILLAGE LEVEL, AT THE
TOWN LEVEL ON SO -- IN SO MANY OF THESE CAPACITIES. YOU KNOW, TO
BASICALLY TELL A BOARD OF ELECTIONS EMPLOYEE, A PART-TIME ONE, I'M
SORRY, YOU'RE GONNA NEED TO TAKE AN UNPAID LEAVE OF ABSENCE FOR THREE
MONTHS FOR THE PRIVILEGE OF RUNNING FOR A VILLAGE SEAT SOMEPLACE.
WE'RE NEVER GONNA GET ANYBODY TO RUN FOR THESE OFFICES. I -- I JUST
THINK THAT WHILE, AS IS OFTEN THE CASE, THERE'S A GRAIN OF GOODNESS IN THIS
BILL IN THE IDEA OF LIMITING CONFLICTS OF INTEREST. THIS BILL GOES WAY TOO
FAR. I CAN'T SUPPORT IT IN ITS PRESENT FORM AND I'LL BE IN THE NEGATIVE.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
NEGATIVE.
MR. LAVINE TO EXPLAIN HIS VOTE.
MR. LAVINE: SO, JUST A QUICK NOTE. DURING THE
DEBATE, A REFERENCE WAS MADE TO A CERTAIN TYPE OF WALL AND I THINK THAT
THE LANGUAGE THAT WE SHOULD BE USING INSTEAD OF THAT PARTICULAR PHRASE
SHOULD BE SIMPLY SCREEN, FIREWALL OR ETHICAL WALL. I WILL BE VOTING FOR
THIS BILL.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY JUNE 3, 2024
THE BILL IS PASSED.
PAGE 18, RULES REPORT NO. 248, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07555-A, RULES
REPORT NO. 248, FAHY. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO THE DANGER TO SAFETY AND HEALTH AND THE CREATION OF A PUBLIC
NUISANCE CAUSED BY THE SALE, MANUFACTURING, DISTRIBUTION, IMPORTING
AND MARKETING OF FIREARMS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. FAHY.
MS. FAHY: THANK YOU, MR. SPEAKER. THIS BILL
MAKES A MINOR TECHNICAL CHANGE TO THE CHAPTER 237 OF THE LAWS OF
2021 WHICH RECOGNIZED THAT GUN VIOLENCE IN NEW YORK CONSTITUTES A
PUBLIC NUISANCE, AND IT REQUIRES THE FIREARM INDUSTRY TO IMPLEMENT
REASONABLE CONTROLS AND PROCEDURES IN RESPONSE.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE BILL
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD?
MS. FAHY: YES, HAPPY TO.
ACTING SPEAKER AUBRY: MS. FAHY WILL YIELD,
SIR.
MR. GOODELL: THANK YOU, MS. FAHY. WHAT IS THAT
TECHNICAL AMENDMENT?
MS. FAHY: THE TECHNICAL AMENDMENT IS A CLARIFYING
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NYS ASSEMBLY JUNE 3, 2024
-- A CLARIFICATION ON THE DEFINITION OF QUALIFIED PRODUCT IN SECTION
898-A OF THE GENERAL BUSINESS LAW TO INCLUDE FIREARMS AND
AMMUNITION PRODUCED AND SOLD WHOLLY WITHIN NEW YORK STATE'S
BORDERS.
MR. GOODELL: THE ORIGINAL BILL WHEN IT WAS
PRESENTED A FEW YEARS AGO, THE EXPLANATION WAS THAT WE WANT TO
ADDRESS THE IRON PIPELINE, WHICH IS A REFERENCE TO THE IMPORTATION OF
ILLEGAL GUNS INTO NEW YORK STATE, CORRECT?
MS. FAHY: YES.
MR. GOODELL: AND THE ORIGINAL DEFINITIONS
REFERENCED 15 U.S.C. 7903, SUBPARAGRAPH 4, WHICH SPECIFICALLY TALKED
ABOUT FIREARMS THAT ARE SHIPPED OR TRANSPORTED IN INTERSTATE OR FOREIGN
COMMERCE, CORRECT?
MS. FAHY: YES.
MR. GOODELL: AND SO THE ORIGINAL BILL WAS
FOCUSED ON INTERSTATE IMPORTATION OF ILLEGAL GUNS. THIS SO-CALLED
TECHNICAL AMENDMENT NOW MAKES IT APPLY TO EVERY GUN, CORRECT?
MS. FAHY: IT IS STILL -- THIS DOESN'T REALLY CHANGE THE
INTENT OF CHAPTER THE -- THE LAWS OF 2021, BUT THIS -- IT NARROWS IT TO
NEW YORK, THE DEFINITION.
MR. GOODELL: WELL, IT EXPANDS IT TO INCLUDE
INTRASTATE, RIGHT? IT DOES NOT EXCLUDE INTERSTATE, SO NOW IT COVERS BOTH
INTERSTATE, FOREIGN AND INTRASTATE, WITHIN NEW YORK STATE, CORRECT?
THAT'S WHAT THIS AMENDMENT DOES.
MS. FAHY: IT JUST REMOVES A REFERENCE BUT IT DOESN'T
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ADD ANYTHING IN TERMS OF THE --
MR. GOODELL: ALONG THOSE LINES, THE REFERENCE
THAT'S BEING REMOVED IS THE REFERENCE TO 15 U.S. CODE 7903,
SUBPARAGRAPH 4. WHAT DOES THAT SECTION SAY? WHAT DOES --
(INAUDIBLE/CROSSTALK)
MS. FAHY: IT TALKED ABOUT HOW -- IT TALKED ABOUT THE
COMPONENT PARTS OF FIREARMS OR AMMUNITION THAT HAVE BEEN SHIPPED OR
TRANSPORTED INTERSTATE OR FOREIGN COMMERCE, AND THAT PHRASE IS NOW
CHANGED.
MR. GOODELL: RIGHT, SO --
MS. FAHY: AND REMOVED.
MR. GOODELL: -- WE'RE REMOVING ANY REFERENCE TO
THAT DEFINITION --
MS. FAHY: YES.
MR. GOODELL: -- WHICH WAS LIMITED TO INTERSTATE
OR FOREIGN COMMERCE, CORRECT?
MS. FAHY: AND THE REFERENCE TO TRANSPORTATION IS
REMOVED.
MR. GOODELL: NOW, I SEE THIS ALSO REFERENCES 18
U.S.C. SECTION 921, SUBPARAGRAPH (A)(3). WHAT DOES THAT SAY?
MS. FAHY: ONE MOMENT.
(PAUSE)
IT CHANGES -- AGAIN, IT CHANGES THE DEFINITION OF
QUALIFIED PRODUCT, WHICH DEFINES FIREARMS, ANTIQUE FIREARMS,
AMMUNITION AND GENERAL -- AND A GENERAL WEAPON DESIGNATION BY THE
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ATTORNEY GENERAL.
MR. GOODELL: NO, I UNDERSTAND THAT BUT THE
LEGISLATION WE'RE BEING ASKED TO VOTE ON TODAY SPECIFICALLY DEFINES
QUALIFIED PRODUCT WITH REFERENCE TO 18 U.S.C. SECTION 929(A)(3), AND I
THINK IT'S IMPORTANT THAT ALL OF US HERE ON THE FLOOR KNOW EXACTLY WHAT
THAT FEDERAL STATUTE SAYS. WHAT DOES THAT STATUTE SAY?
(PAUSE)
MS. FAHY: SO, WE ARE CHANCING A REFERENCE AND
ADDING IN OR KEEPING -- EXPANDING ON THE TERM "QUALIFIED PRODUCT",
WHICH MEANS A FIREARM AS REFERENCED BY, AS YOU JUST MENTIONED,
SECTION 921(A) OF TITLE 18, 921(A)(3), TO INCLUDE A FIREARM, ANTIQUE
FIREARM AS DEFINED BY SUCH TITLE, AMMUNITION OR COMPONENT PART OF
FIREARM OR AMMUNITION, BUT DELETING THE PHRASE "THAT HAS BEEN SHIPPED
OR TRANSPORTED IN INTERSTATE OR FOREIGN COMMERCE."
MR. GOODELL: I UNDERSTAND. SO HERE'S MY --
MS. FAHY: SO IT'S CHANGING THE REFERENCE AND
DELETING A PHRASE.
MR. GOODELL: HERE'S MY QUESTION. THE NEW LAW
PURPORTS TO DEFINE A QUALIFIED PRODUCT BY INCORPORATING THE LANGUAGE OF
18 U.S.C. 921(A)(3). BEFORE WE VOTE ON CHANGING THE DEFINITION TO
INCORPORATE THAT FEDERAL LANGUAGE, MY QUESTION TO YOU IS WHAT EXACTLY
IS THAT LANGUAGE THAT WE ARE INCORPORATING BY REFERENCE?
MS. FAHY: THE LANGUAGE IS A CHANGE IN THE
REFERENCE TO DEFINE --
MR. GOODELL: NO, NO, I -- I APOLOGIZE. I
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UNDERSTAND THE LANGUAGE OF YOUR BILL. MY QUESTION IS WE'RE
INCORPORATING A FEDERAL LAW. WHAT DOES THE FEDERAL LAW SAY? WHAT IS
THE LANGUAGE OF THE FEDERAL LAW, NOT THE LANGUAGE OF THIS BILL. WHAT'S
LANGUAGE OF THE FEDERAL LAW?
MS. FAHY: THE LANGUAGE THAT WE ARE REFERENCING IS
THE TERM "FIREARM", WHICH MEANS, A, ANY WEAPON INCLUDING A STARTER
GUN WHICH WILL OR IS DESIGNED TO OR MAY BE READILY CONVERTED TO EXPEL
A PROJECTILE BY AN ACTION OF AN EXPLOSIVE; OR B, CURRENT LANGUAGE, THE
FRAME OR RECEIVER OF ANY SUCH WEAPON; C, ANY FIREARM MUFFLER OR A
FIREARM SILENCER; OR D, ANY DESTRUCTIVE DEVICE.
MR. GOODELL: SO BY THIS BILL WE'RE OUTLAWING --
OUTLAWING, MAKING IT ILLEGAL, STARTER GUNS?
MS. FAHY: NO.
MR. GOODELL: BUT YOU JUST TOLD ME THAT THE TERM
"FIREARM" IS DEFINED BY THE FEDERAL STATUTE THAT'S REFERENCED HERE
INCLUDES STARTER GUNS. WHY WOULD WE WANT TO MAKE IT ILLEGAL TO HAVE A
STARTER GUN IN THE STATE OF NEW YORK?
(PAUSE)
OR TO BE MORE ACCURATE, WHY DO WE WANT TO REGULATE
STARTER GUNS?
MS. FAHY: JUST TO BE CLEAR, WHAT I JUST READ IS THE
CURRENT DEFINITION. OUR AMENDMENT JUST LITERALLY TAKES OUT THE PHRASE
OF -- SO IT ALREADY INCLUDES THAT -- IT ALREADY INCLUDES THAT LANGUAGE AND
AGAIN, TAKES OUT THE PHRASE -- WHERE IS THAT OTHER PHRASE -- TAKES OUT THE
PHRASE "THAT HAS BEEN SHIPPED OR TRANSPORTED IN INTERSTATE OR FOREIGN
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COMMERCE." SO WHAT I READ TO YOU WAS THE REFERENCE THAT YOU ASKED
FOR, WHICH ALREADY IS IN THE STATUTE.
MR. GOODELL: I SEE.
MS. FAHY: AND CLIPS OFF -- CLIPS OFF THAT LAST PHRASE.
MR. GOODELL: THANK YOU, MS. FAHY. I APPRECIATE
YOUR COMMENTS.
MS. FAHY: THANK YOU.
MR. GOODELL: SIR, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: SO OTHER THAN MS. FAHY AND I, I
WOULD BE SURPRISED IF ANYONE HAS ACTUALLY READ 18 U.S.C. SECTION
91(A)(16) OR FEDERAL STATUTE 18 U.S.C. SECTION 921(A)(3)(A) [SIC]. OR
EVEN 15 U.S.C. 97903, SUBPARAGRAPH 4. NOW THE REASON I SAY THAT IS
BECAUSE WE'RE BEING ASKED TO VOTE ON A BILL THAT DEFINES GUNS THAT ARE
BEING REGULATED BASED ON A STATUTE THAT ALMOST NO ONE IN THIS ROOM HAS
READ OR SEEN. AND, IN FACT, EVEN THOUGH WE HAVE A DATABASE RIGHT IN
FRONT OF US WITH ALL OF THE NEW YORK STATUTES IN, IT DOES NOT INCLUDE ANY
OF THE FEDERAL STATUTES. SO WE'RE ASKED TO VOTE ON A BILL THAT NO ONE IN
THIS ROOM, WITHOUT USING A COMPUTER THAT'S INDEPENDENT OF OUR OWN,
HAS ANY IDEA WHAT IT SAYS. SO WE'RE BEING ASKED TO VOTE ON SOMETHING
WE DON'T KNOW ABOUT.
NOW, IT SHOULD BE NO SURPRISE TO ANY OF YOU WHEN I
PICK UP THIS YELLOW BINDER THAT THERE IS A CONSTITUTIONAL ISSUE. AND,
INDEED, ARTICLE 3 OF THE NEW YORK STATE CONSTITUTION, SECTION 16,
WHICH WE ALL UPHELD OUR HANDS AND SAID WE SOLEMNLY SWEAR WE WOULD
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NYS ASSEMBLY JUNE 3, 2024
UPHOLD, SAID, NO ACT SHALL BE PASSED WHICH SHALL PROVIDE THAT ANY
EXISTING LAW OR ANY PART THEREOF SHALL BE MADE OR DEEMED PART OF THE
LAW WHICH SHALL ENACT THAT ANY OTHER LAW SHALL BE APPLICABLE UNLESS
YOU INCLUDE THE LANGUAGE OF THE OTHER LAW. AND THE REASON FOR THAT IS
REALLY SIMPLE: WE OUGHT TO KNOW WHAT WE'RE VOTING ON. BUT THERE'S A
SECOND CONSTITUTIONAL PROBLEM. ARTICLE 3, SECTION 1, THE VERY FIRST
SECTION DEALING WITH THE LEGISLATURE SAYS, THE LEGISLATIVE POWER OF THE
STATE OF NEW YORK SHALL BE VESTED IN THE SENATE AND THE ASSEMBLY. SO
WHAT HAPPENS WHEN WE REFERENCE A FEDERAL LAW? WHEN WE SAY WE ARE
PUTTING IN PLACE REGULATIONS THAT RELATE TO SOME PRODUCT DEFINED BY
FEDERAL LAW, HERE'S WHAT HAPPENS: IF CONGRESS CHANGES THE LAW, GUESS
WHAT? THEY JUST CHANGED THE SCOPE OF OUR LAW WITHOUT YOUR VOTE AND
WITHOUT THE GOVERNOR HAVING THE OPPORTUNITY TO REVIEW IT AND EITHER
SIGN IT OR VETO IT. WE CANNOT CONSTITUTIONALLY DELEGATE OUR LEGISLATIVE
POWER TO CONGRESS TO DECIDE WHAT WE'RE REGULATING. WHICH IS WHY THIS
VIOLATES THE CONSTITUTION IN MORE THAN ONE WAY. ON A SUBSTANTIATIVE
LEVEL, WHAT'S THE DIFFERENCE? SINCE I TOOK THE EFFORT TO HAVE OUR LEGAL
STAFF FIND THOSE FEDERAL LAWS FOR ME, GOD BLESS THEIR EXPERTISE, THE
DIFFERENCE IS THIS -- AND YOU WOULD NEVER FIND IT JUST READING THE
LANGUAGE -- THE DIFFERENCE IS THIS: THE ORIGINAL STATUTE REGULATED
FIREARMS THAT HAVE BEEN SHIPPED OR TRANSPORTED IN INTERSTATE OR FOREIGN
COMMERCE, AND THIS EXPANDS -- THIS TECHNICAL AMENDMENT EXPANDS IT TO
INCLUDE EVERY FIREARM EVEN THOUGH IT WAS NEVER SHIPPED IN INTERSTATE
COMMERCE AND WAS NEVER INVOLVED IN FOREIGN COMMERCE. AND WHILE
THE ORIGINAL BILL WAS FOCUSED ON STOPPING THE IRON PIPELINE, THIS BILL
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EXTENDS IT TO EVERYTHING. NOW, I WOULD POINT OUT THAT THE ORIGINAL BILL
HAD 55 NO VOTES AND THE ORIGINAL BILL WAS NARROWER THAN THIS BILL. AND
SO I'D RECOMMEND MY COLLEAGUES, ALL OF THEM WHO VOTED AGAINST THE
ORIGINAL BILL AS BEING TOO BROAD, RECOGNIZE THAT THIS TECHNICAL
AMENDMENT DRAMATICALLY EXPANDS IT EVEN FURTHER, IN A WAY THAT
VIOLATES MULTIPLE SECTIONS OF OUR STATE CONSTITUTION.
FOR THAT REASON I WOULD RECOMMEND AGAINST IT. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WILL THE SPONSOR YIELD FOR A QUESTION OR TWO?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD?
MS. FAHY: YES, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. FAHY YIELDS.
MRS. PEOPLES-STOKES: THANK YOU. SO IN YOUR
DESCRIPTION OF WHAT THIS BILL IS PURPOSED TO DO TODAY, DID IT MAKE ANY
REFERENCE TO THE PREVIOUS BILL THAT WAS PASSED, WHAT, TWO YEARS AGO?
MS. FAHY: YES, THIS IS A TECHNICAL CHANGE TO THAT
PREVIOUS BILL FROM THREE YEARS AGO.
MRS. PEOPLES-STOKES: AND SO THE PREVIOUS TWO
YEARS AGO IN -- IN SOME SMALL MEASURE, MAYBE EVEN A LARGE MEASURE,
WAS IN SOME RESPONSE TO THE FACT THAT PEOPLE DO HAVE ACCESS TO
WEAPONS THAT THEY'RE USING TO KILL A LOT OF PEOPLE AT THE SAME TIME, THAT
THEY ACTUALLY ADDRESSED IT THEMSELVES; IS THAT CORRECT?
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NYS ASSEMBLY JUNE 3, 2024
MS. FAHY: YES.
MRS. PEOPLES-STOKES: AND SO YOUR TECHNICAL
AMENDMENT STILL HAS A DESIRE TO DEAL WITH THAT POSITION THAT PEOPLE
SHOULD NOT HAVE ACCESS TO WEAPONS, PARTICULARLY IN THE STATE OF NEW
YORK, UNLESS THEY ARE SO PERMITTED TO DO SO, THAT THEY CAN MODIFY AND
CHANGE THAT WILL KILL A LOT OF PEOPLE AT THE SAME TIME. DOES THIS BILL
STILL TAKE CARE OF THAT?
MS. FAHY: YES.
MRS. PEOPLES-STOKES: THANK YOU.
ON THE BILL, MR. SPEAKER. I ALWAYS LISTEN INTENTLY TO
MOST OF THE DEBATE BUT, YOU KNOW, I GET A LITTLE FRUSTRATED SOMETIMES
WHEN WE'RE TRYING TO FIX THINGS THAT SAVE PEOPLE'S LIVES. AND THEN
WE'RE CALLED INTO QUESTION ON THE CONSTITUTION. AND YET WE GOT, YOU
KNOW, PEOPLE WHO ARE LITERALLY RUNNING FOR OFFICE IN OUR COUNTRY THAT
CREATED AN INSURRECTION ON OUR GOVERNMENT AND NOBODY'S QUESTIONING
THAT BUT PEOPLE ON THIS SIDE OF THE AISLE. SO I'M CHALLENGED TO BE
QUESTIONED ABOUT WHY WE WANT TO TRY TO SAVE PEOPLE'S LIVES LIKE THOSE
TEN PEOPLE THAT WERE KILLED IN THE CITY OF BUFFALO A FEW YEARS AGO,
WHILE WE WANT TO ALLOW OTHER PEOPLE TO BREAK EVERY LAW THAT'S POSSIBLE
AND STILL BE ABLE TO RUN TO BE PRESIDENT, WHO ACTUALLY TELL YOU HE CAN
KILL AS MANY PEOPLE AS HE WANTED TO ON 5TH AVENUE AND NOTHING
HAPPENED TO HIM. WELL, GUESS WHAT? SOME PEOPLE HAVE THOSE
WEAPONS INTEND TO KILL OTHER PEOPLE WHO DO NOT LOOK LIKE THEM OR WHO
THEY HATE FOR WHATEVER REASON. SOMEBODY HAS TO BE RESPONSIBLE AND
WANT TO STOP THAT. THIS IS A BODY THAT DOES THAT. THIS IS THE BODY THAT
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DOES THAT. AND WHETHER THE FEDERAL GOVERNMENT WANTS TO DO IT OR NOT,
NEW YORKERS DO.
AND SO I WANT TO COMMEND THE SPONSOR FOR THIS
TECHNICAL AMENDMENT, AND IF WE NEED ANOTHER TECHNICAL AMENDMENT
NEXT YEAR TO TELL PEOPLE THAT YOU CAN'T DO THAT IN NEW YORK THEN LET'S DO
IT. THANK YOU, MR. SPEAKER, AND THANK YOU, SPONSOR.
ACTING SPEAKER AUBRY: MS. FAHY ON THE BILL?
MS. FAHY: YES.
ACTING SPEAKER AUBRY: MS. FAHY ON THE BILL.
MS. FAHY: YES, THANK YOU, MR. SPEAKER, AND THANK
YOU TO THE MAJORITY LEADER. AND IN RESPONSE TO SOME OF THE QUESTIONS
THAT HAD COME UP EARLIER, THIS BILL OR THESE -- THESE TECHNICAL
AMENDMENTS ON THEIR FACE DO NOT ELIMINATE APPLICABILITY TO
MANUFACTURERS OUTSIDE OF NEW YORK THAT -- THAT HARM -- THAT MAY HARM
NEW YORKERS. THIS -- THERE -- THERE HAVE BEEN ARGUMENTS OF THE
CURRENT DEFINITION AS WAS PASSED A NUMBER OF -- A FEW YEARS AGO THAT ON
ITS FACE MAY BE AGAINST INTERSTATE COMMERCE, BUT THIS LAW ONLY APPLIES
TO QUALIFIED PRODUCTS THAT HAVE BEEN SHIPPED OR TRANSPORTED IN
INTERSTATE AND FOREIGN COMMERCE, BUT NOT APPLY TO PRODUCTS
MANUFACTURED SOLELY AND WHOLLY IN NEW YORK ITSELF. SO THIS IS
CHANGING THAT TO MAKE SURE THAT THIS ALSO WOULD APPLY TO THOSE THAT ARE
MANUFACTURED HERE OR SOLD RIGHT IN NEW YORK AND NOT TRANSPORTED
ACROSS STATE LINES.
AND WITH REGARD TO THE REFERENCE OR THE
CONSTITUTIONALITY OF THE REFERENCE, EXISTING LAW ALREADY REFERENCES A
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NYS ASSEMBLY JUNE 3, 2024
FEDERAL DEFINITION. AND MANY OTHER EXISTING LAWS ENACTED IN NEW
YORK STATE HAVE ALSO USED REFERENCES OR CROSS -- CROSS-REFERENCES TO
FEDERAL DEFINITIONS. THIS IS NOT AN UNCOMMON PRACTICE, NOR IS IT AN
UNCONSTITUTIONAL PRACTICE. SO I JUST WANTED TO CLARIFY THAT. AGAIN,
THESE ARE CONSIDERED TECHNICAL CHANGES TO RECOGNIZE OR -- OR TO AMEND
WHAT WE DID IN 2021, AND -- AND WE BELIEVE THAT THIS WILL NOT AFFECT THE
INTENT OF WHAT WE DID IN 2021, BUT -- BUT CLARIFY HOW WE DEFINE A
QUALIFIED PRODUCT.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD?
MS. FAHY: YES, HAPPY TO.
MR. REILLY: THANK YOU, MS. FAHY. SO READING THE
-- WHAT IT SAYS, IT RELATES TO THE DANGERS TO SAFETY AND HEALTH AND THE
CREATION OF PUBLIC NUISANCE CAUSED BY THE SALE AND MANUFACTURE,
DISTRIBUTION, IMPORTING AND MARKETING OF FIREARMS AND THINGS THAT ARE
ALIGNED WITH FIREARMS. I KNOW THAT DURING THIS DEBATE I KEPT HEARING
THAT THEY WERE TECHNICAL AMENDMENTS. ARE THERE ANY -- ARE THERE ANY
OTHER TECHNICAL AMENDMENTS INCLUDED IN THIS THAT MAY HELP TO FIGHT THAT
PUBLIC NUISANCE? MAYBE A TECHNICAL AMENDMENT TO RAISE THE AGE OR
TECHNICAL AMENDMENTS TO BAIL REFORM?
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NYS ASSEMBLY JUNE 3, 2024
MS. FAHY: NO, NOT -- NO, NOT ADDRESSING THAT AND
NOT GERMANE TO THIS.
MR. REILLY: OKAY.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
REILLY.
MR. REILLY: SO, MR. SPEAKER, THE REASON WHY I
ASKED THOSE QUESTIONS IS BECAUSE WE'RE -- WE'RE SEEING THAT THERE'S --
GUN VIOLENCE IS CONSIDERED A PUBLIC NUISANCE WHEN WE'RE TALKING ABOUT
THE SALES OR THE SALE OR MANUFACTURE OR DISTRIBUTION AND IMPORTING OR
MARKETING OF FIREARMS, BUT THE PUBLIC NUISANCE IS DUE TO MANY OF THE
LAWS THAT HAVE PASSED IN THIS BODY AND NEXT DOOR AND SIGNED BY THE
GOVERNOR. AND PART OF HEARING ABOUT THAT WE'RE MAKING TECHNICAL
CHANGES TO A LAW THAT WAS PASSED IN 2021, THERE WERE LAWS THAT WERE
PASSED WAY BACK IN 2013 BEFORE I WAS IN THIS CHAMBER, AND THEN I WAS
IN HERE IN 2019 THAT NEED SOME TECHNICAL AMENDMENTS. AND SOME OF
THOSE TECHNICAL AMENDMENTS AND THE REASON WHY I RAISED RAISE THE
AGE WAS BECAUSE WE HAVE THOSE WHO ARE COMMITTING FIREARM CRIMES,
CRIMES WITH FIREARMS, SHOOTINGS, WHO ARE 16 AND 17 YEARS OLD, WHO ARE
THOSE IN POSSESSION, I SHOULD SAY, OF A FIREARM, NOT USING IT AND
SHOOTING IT, BUT JUST IN THE MERE POSSESSION AND THERE'S A CHANCE THAT
THERE IS A DANGER, THAT AUTOMATICALLY GOES TO FAMILY COURT. SO THAT'S THE
TYPE OF TECHNICAL CHANGES THAT WE NEED TO TAKE HERE, SO THESE ARE THE
POINTS THAT I WANTED TO RAISE AND HOW WE CAN DO SOME REAL TECHNICAL
CHANGES TO IMPROVE SAFETY IN NEW YORK STATE.
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NYS ASSEMBLY JUNE 3, 2024
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS BILL. THOSE WHO SUPPORT IT
SHOULD CERTAINLY VOTE YES ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN
EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: THANK YOU BOTH.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. LAVINE TO EXPLAIN HIS VOTE.
MR. LAVINE: THIS BILL WILL HELP SAVE PEOPLE'S LIVES.
I WAS A PUBLIC DEFENDER IN 1972 IN MANHATTAN. THE FIRST CASE I WAS
ASSIGNED TO WAS POSSESSION OF SOMETHING THAT MANY PEOPLE DON'T EVEN
KNOW EXISTED. IT WAS CALLED A ZIP GUN. IT WAS A HOMEMADE PISTOL
CAPABLE OF CAUSING DEATH. THAT WAS 1972. WHAT A DIFFERENT WORLD IT IS
TODAY. IN FACT, EVEN BY THE LATE 1970S, SATURDAY NIGHT SPECIALS WERE ALL
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NYS ASSEMBLY JUNE 3, 2024
OVER THE PLACE. OUR CULTURE HAS BECOME OUR AMERICAN CULTURE, THE
CULTURE OF THE GUN. AND UNLESS AND UNTIL THE DAY COMES WHEN WE STAND
STRONGLY FOR THE PROPOSITION THAT IT IS OUR SOLEMN OBLIGATION AS
MEMBERS OF LEGISLATURES, NOT ONLY IN NEW YORK BUT THROUGHOUT THE
UNITED STATES AND ESPECIALLY IN WASHINGTON, D.C., OUR SOLEMN
OBLIGATION IS TO TAKE THE STEPS NECESSARY TO CHANGE THAT CULTURE.
I'M VERY PLEASED TO VOTE IN FAVOR OF THIS.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MS. FAHY TO EXPLAIN HER VOTE.
MS. FAHY: MR. SPEAKER, THREE YEARS AGO WE PASSED
RATHER MOMENTOUS LEGISLATION, IN SOME WAYS WHAT WAS CONSIDERED
SOME OF THE FIRST IN THE NATION TO ADDRESS SOME OF THE TRANSPORT OF
ILLEGAL GUNS IN THE STATE AND INTO THE STATE. TODAY WE REALLY CLARIFIED
THAT BOTH WOULD BE APPLICABLE HERE, AND REALLY GOING AFTER THIS ISSUE OF
PROHIBITING THE GUN INDUSTRY FROM ACTING IN A MANNER THAT IS CONSIDERED
UNLAWFUL OR UNREASONABLE, TO KNOWINGLY OR RECKLESSLY CREATE, MAINTAIN
OR CONTRIBUTE TO THE GUN VIOLENCE, THE SCOURGE OF GUN VIOLENCE THAT WE
HAVE SEEN IN THIS COUNTRY. TODAY, WHILE THERE WAS SOME CONFUSION
OVER THIS TECHNICAL CHANGE, IT REALLY IS MAKING SURE THAT IT'S NOT JUST
ADDRESSING THE INTERSTATE, BUT ALSO THE INTRASTATE MOVEMENT OF GUNS IN A
RECKLESS MANNER OR IN ANY FORM OF ILLEGAL MANNER. AND I'M HOPING
TODAY THAT THIS WILL CLARIFY SOME OF WHAT HAS BEEN ARGUED BY SOME TO
BE TRIPPING UP THE ORIGINAL LEGISLATION IN 2021.
THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER BRAUNSTEIN: MR. AUBRY.
MR. AUBRY: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. THIS MORNING -- ON MY WAY TO ALBANY THIS MORNING, EARLIER I
GOT A CALL FROM MY DISTRICT. TWO OFFICERS WERE SHOT LAST NIGHT BY A
YOUNG MAN WHO HAD NO RECORD, WAS -- THEY WERE PURSUING HIM AND HE
HAD A 9 MILLIMETER GUN ON HIM. NO RECORD, NO HISTORY. THE QUESTION
FOR US ISN'T, TO ME, THE ISSUE OF THE CONSTITUTIONAL STRUGGLE THAT WE HAVE
OVER THE RIGHT TO BEAR ARMS, THERE ARE TOO MANY GUNS IN COMMUNITIES
LIKE MINE. AND THOSE GUNS ARE BEING USED IN MANY DIFFERENT WAYS.
SOMETIMES IT'S OTHER CITIZENS, SOMETIMES IT'S LAW OFFICERS. YOU CAN'T
TELL ME THAT OUR PURPOSE HERE IS TO ALLOW THIS KIND OF FLOW OF GUNS IN
OUR SOCIETY SO THOSE WHO ARE THERE TO PROTECT US ARE IN DANGER IN THEIR
LIFE. MY CHILDREN ARE IN DANGER IN THE PARK. WE CANNOT CONTINUE ON
THIS ROAD TO DEFEND THIS THEORY, THIS COWBOY THEORY THAT EVERYBODY
GOTTA HAVE A GUN AND IT'S THEIR ABSOLUTE RIGHT TO DO SO. AND WHILE I
UNDERSTAND WHAT THE CONSTITUTION SAYS, IT WAS WRITTEN AT A CERTAIN TIME.
WE'VE AMENDED THE CONSTITUTION. WE NEED TO GO BACK AND THINK ABOUT
WHAT WE'RE CONTINUING TO SAY IN THE FACE OF THE USE OF GUNS AGAINST
CITIZENS OF ALL KINDS, ALL WALKS, ALL TYPES, WHETHER THEY'RE BLACK, WHITE,
GREEN OR ORANGE, THEY'RE BEING MURDERED IN OUR STREETS, IN OUR SCHOOLS.
AND IF WE DON'T TAKE THE WEAPONS OUT, I DON'T THINK WE'VE DONE THE JOB
THAT WE SWORE ON THE BIBLE TO DO, WHICH IS TO PROTECT AND SERVE.
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER BRAUNSTEIN: MR. AUBRY IN
THE AFFIRMATIVE.
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NYS ASSEMBLY JUNE 3, 2024
MS. WALKER TO EXPLAIN HER VOTE.
MS. WALKER: THANK YOU, MR. SPEAKER. I, TOO,
RECEIVED NOTIFICATION YESTERDAY OF AN INCIDENT IN MY DISTRICT WHERE A
12-YEAR-OLD CHILD ALLEGEDLY SHOT AND KILLED A 14-YEAR-OLD CHILD. AND
SOMEONE IS TO BLAME HERE. SOMEONE WAS VERY WRONG IN THIS SCENARIO.
WHETHER OR NOT THE FAULT SHOULD FALL ON A 12-YEAR-OLD CHILD IS THE
SUBJECT OF MUCH DEBATE. BUT ONE THING THAT CANNOT BE DEBATED IS THE
FACT THAT WE JUST LOST TWO AMAZING LIVES THAT HAVE NOT EVEN BEGUN TO
EXPERIENCE LIFE ITSELF. NOT ONLY IS THE PERSON WHO SUCCUMBED TO HIS
GUNSHOT AND LIFE THAT IS LOST, BUT ALSO POTENTIALLY THIS OTHER CHILD WHO,
QUITE FRANKLY, THEY WERE SITTING AROUND THE HOUSE AND PLAYING. GUNS
ARE DANGEROUS, GUNS KILL. AND PARTICULARLY WHENEVER IT IS THAT IT IS IN
AN UNREGULATED SCENARIO. EVEN WITHIN THIS BODY WE ARE DESIGNATING
PEOPLE AS PEACE OFFICERS, GIVING THEM THE ABILITY TO CARRY GUNS, PUTTING
MORE GUNS INTO OUR COMMUNITY.
SO I WANT TO COMMEND THE SPONSOR BECAUSE WHILE,
YOU KNOW, DEPENDING ON, YOU KNOW, WHERE YOU'RE FROM AND WHAT YOUR
-- THE WAY YOU SEE THE -- THE WORLD IS, YOU CAN HAVE A DIFFERENT VIEW ON
WHO SHOULD CARRY GUNS OR WHETHER OR NOT GUNS SHOULD BE CARRIED. BUT I
KNOW THAT WHEN THEY END UP IN THE WRONG HANDS IT IS DEVASTATING TO A
COMMUNITY, IT IS DEVASTATING TO FAMILIES, IT IS DEVASTATING TO LIFE, LIBERTY
AND THE PURSUIT OF HAPPINESS IN TERMS OF ALL OF THE GREAT THINGS THAT THE
CONSTITUTION PROVIDES. SO SECTION -- THE 2ND AMENDMENT SHOULD NOT
BE MORE IMPORTANT THAN THE BILL OF RIGHTS.
THANK YOU, YOUR HONOR. I -- I MEAN, THANK YOU, MR.
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NYS ASSEMBLY JUNE 3, 2024
SPEAKER, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WALKER IN THE
AFFIRMATIVE.
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE AND TO -- TO THANK THE SPONSOR FOR TAKING THIS UP. I
KNOW THAT IT IS A VERY CHARGED CONVERSATION WHENEVER WE TALK ABOUT
GUNS AND THE RIGHT TO HAVE THEM, WHERE PEOPLE HAVE THE MOST GUNS OR
WHERE WE HAVE THE MOST SUICIDES. SO MAYBE IT'S NOT EVEN ABOUT CRIMES
AGAINST OTHERS, BUT THE INABILITY TO RESIST THE IMPULSE THAT ONE MIGHT
THINK BETTER OF IF GIVEN A CHANCE. BUT I AM ENTERTAINED BY THE
DISCUSSIONS AT THE SUPREME COURT ABOUT THE ORIGINALISTS WHO ARE
COMMITTED TO THE NOTION THAT THE CONSTITUTION IS STATIC AND STOP WHEN IT
WAS WRITTEN, AND THAT EVERYTHING THEREAFTER IS A PROBLEM. SO IF THAT'S
THE CASE, THEN I THINK EVERYBODY IS ENTITLED TO A MUSKET AND -- AND A
LONG GUN FOR HUNTING. SO I THINK WE NEED TO BALANCE. THINGS ARE OUT
OF BALANCE AND WE NEED TO BALANCE THIS SO THAT WE DON'T LOSE LIVES.
AND IT'S NOT JUST ME, IT'S WHAT EMERGENCY ROOM DOCTORS SAY ABOUT THE
CURRENT STATUS OF WEAPONS AND WHAT IT DOES TO A HUMAN BODY AND THE
INABILITY TO SAVE LIVES IF THEY GET TO A HOSPITAL. AND WE REALLY HAVE TO
THINK ABOUT WHOSE RIGHTS ARE WE PROTECTING.
SO I WITHDRAW MY REQUEST, VOTE IN THE AFFIRMATIVE AND
AGAIN THANK THE SPONSOR.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
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NYS ASSEMBLY JUNE 3, 2024
MR. STECK TO EXPLAIN HIS VOTE.
MR. STECK: THANK YOU, MR. SPEAKER. I WANT TO
QUOTE FROM WARREN BURGER, CHIEF JUSTICE OF THE SUPREME COURT OF THE
UNITED STATES FROM 1969 TO 1986, WHO WAS APPOINTED DURING THE
PRESIDENCY OF RICHARD NIXON. QUOTE, "THE GUN LOBBY'S INTERPRETATION
OF THE SECOND AMENDMENT IS ONE OF THE GREATEST PIECES OF FRAUD, I
REPEAT THE WORD FRAUD, ON THE AMERICAN PEOPLE BY SPECIAL INTEREST
GROUPS THAT I HAVE SEEN IN MY LIFETIME. THE REAL PURPOSE OF THE
SECOND AMENDMENT WAS TO ENSURE THAT STATE ARMIES, THE MILITIA, WOULD
BE MAINTAINED FOR THE DEFENSE OF THE STATE. THE VERY LANGUAGE OF THE
SECOND AMENDMENT REFUTES ANY ARGUMENT THAT IT WAS INTENDED TO
GUARANTEE EVERY CITIZEN AN UNFETTERED RIGHT TO ANY KIND OF WEAPON HE
OR SHE DESIRES."
THE SECOND AMENDMENT SAYS A WELL-REGULATED
MILITIA. IT IS OUR JOB TO REGULATE WEAPONS IN THIS STATE, AND I WILL BE
SUPPORTING THIS LEGISLATION AND VOTING IN FAVOR IT -- OF IT BECAUSE IT DOES
EXACTLY THAT. THANK YOU.
ACTING SPEAKER AUBRY: MR. STECK IN THE
AFFIRMATIVE.
MR. BURDICK.
MR. BURDICK: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. THE PROLIFERATION AND ACCESS TO GUNS ACROSS OUR STATE IS
UNFATHOMABLE, AND IT HAS BEEN RESULTING IN TRAGIC AND UNNECESSARY
DEATHS AND INJURIES. THIS BILL IS SIMPLY COMMONSENSE. IT'S A
COMMONSENSE MEASURE ESSENTIAL TO PROVIDING A MODICUM OF SAFETY TO
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NYS ASSEMBLY JUNE 3, 2024
OUR CITIZENS. THE SECOND AMENDMENT IS NOT UNFETTERED. REASONABLE
RESTRICTIONS CAN AND SHOULD BE IMPOSED. I VOTE IN THE AFFIRMATIVE.
THANK YOU.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
MR. PIROZZOLO.
MR. PIROZZOLO: THANK YOU, MR. SPEAKER. IT WAS
NOT MY INTENT TO SPEAK ON THIS BILL TODAY, BUT AFTER HEARING SOME OF THE
COMMENTS FROM MY COLLEAGUES I REALLY FEEL I HAVE TO. I CERTAINLY AGREE
THAT THE LOSS OF LIFE, WHETHER IT BE A 12-YEAR-OLD, A YOUNGER PERSON OR
AN OLDER PERSON, IS VERY MUCH TRAGIC. AND WE TALK ABOUT HAVING TO
REGULATE GUNS. AND I WOULD AGREE THAT ILLEGAL GUNS ARE REALLY WHAT THE
PROBLEM IS HERE. AND WE SEEM TO BE ATTACKING THE SECOND
AMENDMENT, IN MY OPINION, ABOUT GUNS BUT WE DON'T MAKE A
SPECIFICATION OVER WHAT A LEGAL GUN IS AND WHAT AN ILLEGAL GUN IS. AND
I THINK THAT THAT'S REALLY WHERE WE NEED TO CONCENTRATE. IT'S NOT
ATTACKING THE SECOND AMENDMENT, OR WE SHOULD NOT BE ATTACKING THE
SECOND AMENDMENT JUST BECAUSE SOMEONE HAS A WEAPON. THEY DON'T
HAND THEM OUT IN CANDY STORES, BUT I WOULD NOT DENY THE FACT THAT YOU
PROBABLY COULD BUY THEM IN CANDY STORES, AND THAT'S THE PROBLEM. THE
PROBLEM IS NOT NECESSARILY THE PEOPLE WHO APPLY FOR A LICENSE, GO
THROUGH BACKGROUND CHECKS, GO THROUGH TRAINING AND THEN ARE FINALLY
GIVEN A LICENSE BY THE POLICE DEPARTMENT OR WHATEVER REGULATING BODY
IT IS. THE PROBLEM IS THE PROLIFERATION OF ILLEGAL GUNS, AND WHEN WE
HAVE PEOPLE WHO COMMIT CRIMES WITH GUNS WHICH DO NOT NECESSARILY
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LEAD UP TO MURDER, THEY ARE RELEASED BACK OUT ON TO THE STREETS.
SO IF YOU WANT TO FIGHT CRIME WITH GUNS, HOW ABOUT
FIGHTING CRIMES WITH ILLEGAL GUNS BEFORE WE START TALKING ABOUT
CONSTITUTIONAL AMENDMENTS TO THE SECOND -- SECOND AMENDMENT OF
THE UNITED STATES CONSTITUTION? THAT'S REALLY WHAT WE SHOULD BE
WORKING ON, IS FIGHTING THE PROLIFERATION OF ILLEGAL GUNS AND THEIR USE.
THANK YOU, SIR. I'M VOTING NO.
ACTING SPEAKER AUBRY: MR. PIROZZOLO IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 18, RULES REPORT NO. 253, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08241-B, RULES
REPORT NO. 253, BURDICK, LEVENBERG, SEAWRIGHT, EPSTEIN,
GONZÁLEZ-ROJAS, GLICK, L. ROSENTHAL. AN ACT TO AMEND THE CIVIL
RIGHTS LAW, IN RELATION TO REQUIRING ALL MUNICIPALITIES TO UPDATE ALL
APPLICABLE FORMS AND DATA SYSTEMS TO INCLUDE A GENDER "X" OPTION.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. BURDICK.
MR. BURDICK: THANK YOU. THE PURPOSE OF THIS
BILL IS SIMPLY TO REQUIRE THROUGH AN EXPANSION OF THE CIVIL RIGHTS
GENDER X PROVISIONS TO INCLUDE ALL MUNICIPALITIES, AND TO REQUIRE THAT
ALL MUNICIPALITIES WHICH REQUIRE A DESIGNATION OF DEMOGRAPHICS ON
GENDER OR SEX INCLUDE WITHIN THAT AN OPTION TO MARK THEIR GENDER OR SEX
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AS X.
ACTING SPEAKER AUBRY: MR. DURSO
MR. DURSO: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR SOME QUICK QUESTIONS?
ACTING SPEAKER AUBRY: MR. BURDICK, WILL
YOU YIELD?
MR. BURDICK: YES, CERTAINLY.
ACTING SPEAKER AUBRY: MR. BURDICK YIELDS.
MR. DURSO: THANK YOU, MR. BURDICK. SO I'M JUST
TRYING TO GET SOME CLARITY ON A COUPLE OF QUESTIONS THAT WE DIDN'T HAVE
A CHANCE TO GO OVER IN COMMITTEE, SO I JUST WANTED TO GET YOUR TAKE ON
IT. YOU'RE SAYING IT REQUIRES ALL MUNICIPALITIES TO UPDATE ALL APPLICABLE
FORMS AND DATA SYSTEMS TO INCLUDE A GENDER X OPTION, CORRECT?
MR. BURDICK: THAT'S CORRECT.
MR. DURSO: SO NOW IF A MUNICIPALITY HAS ALREADY
-- HAS PAPERWORK FILED, DO THEY HAVE TO GO BACK INTO THEIR COMPUTER
SYSTEMS -- IF YOU HAVE EMPLOYEES, DO THEY THEN HAVE TO BE BROUGHT UP
TO SPEED ON THE OPTION TO HAVE AN X ON THEIR PAPERWORK? SO IN OTHER
WORDS, IF YOU HAVE EMPLOYEES WORK FOR THAT MUNICIPALITY, DO THEY HAVE
TO THEN GO BACK AND RE-FILE PAPERWORK IF THEY HAVE THAT OPTION
AVAILABLE?
MR. BURDICK: THAT'S NOT WHAT THIS BILL DOES.
THERE'S NO REQUIREMENT TO GO BACK.
MR. DURSO: SO IT'S ONLY GOING FORWARD, CORRECT?
MR. BURDICK: THAT IS CORRECT.
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NYS ASSEMBLY JUNE 3, 2024
MR. DURSO: AND IT'S FOR ALL MUNICIPALITIES?
MR. BURDICK: THAT IS CORRECT, UNDER THE DEFINITION
OF MUNICIPALITIES IN THE GENERAL CONSTRUCTION LAW.
MR. DURSO: OKAY. AND NOW WOULD THAT APPLY TO
NEW YORK STATE ITSELF?
MR. BURDICK: NO.
MR. DURSO: SO WE WANT THE MUNICIPALITIES TO DO
THIS, BUT WE DON'T WANT NEW YORK STATE TO DO THIS; WHY IS THAT?
MR. BURDICK: NEW YORK STATE ALREADY --
MR. DURSO: WE ALREADY HAVE THAT IN LAW?
MR. BURDICK: CORRECT.
MR. DURSO: OKAY. NOW, A QUESTION, SO -- AND I'M
NOT SURE AND MAYBE YOU CAN ANSWER IT FOR ME, SO WHEN IT COMES TO
THESE NEW MUNICIPALITIES THAT HAVE TO DO THIS, OR WITH NEW YORK STATE,
WHEN IT COMES TO APPLYING FOR AN MWBE LOAN OR GRANT, HOW DOES THAT
CHANGE THE ELIGIBILITY AT ALL?
MR. BURDICK: I DON'T SEE HOW IT HAS ANY IMPACT
ON DMV LICENSE APPLICATIONS.
MR. DURSO: NOT THE DMV, AN MWBE.
MR. BURDICK: THIS WOULD NOT HAVE AN IMPACT ON
THAT.
MR. DURSO: IT WILL NOT. SO BY CHECKING GENDER X
OR JUST A X OPTION, EXCUSE ME, IT WILL NOT AFFECT THAT AT ALL. SO HOW --
HOW ARE THEY -- HOW WILL THE STATE OR THE MUNICIPALITY DECIPHER WHO
CAN GET THOSE?
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MR. BURDICK: SO LET'S TRY TO GET A FIRMER
UNDERSTANDING AS TO WHAT THIS BILL DOES --
MR. DURSO: PLEASE.
MR. BURDICK: -- AND WHAT IT DOESN'T DO.
WHAT IT DOES IS SIMPLY TO PROVIDE TO AN INDIVIDUAL
WHO IS REQUESTED TO COMPLETE ANY KIND OF FORM, WHETHER IT BE A PRINTED
FORM OR ONLINE, THAT IF THE MUNICIPALITY IS REQUESTING DEMOGRAPHIC DATA
THAT INCLUDES GENDER OR SEX, THEN THAT INDIVIDUAL IS GIVEN THE OPTION TO
MARK X. HOW THE MUNICIPALITY DEALS WITH IT, THAT'S AT THE DISCRETION OF
THE MUNICIPALITY. HOW OTHERS DEAL WITH IT IS AT THE DISCRETION OF THE
MUNICIPALITY. THAT IS NOT WHAT THE -- WHAT THE MUNICIPALITY DOES WITH
IT IS NOT A SUBJECT OF THIS BILL.
MR. DURSO: SO IT DOESN'T MATTER HOW THEY DEAL
WITH THAT PERSON THAT PUTS THE X ON THE APPLICATION OR ANYTHING, IT'S NOT
TELLING THE MUNICIPALITIES HOW TO DO IT, IT'S JUST SAYING THAT IT HAS TO
HAVE AN OPTION ON THERE, CORRECT?
MR. BURDICK: THAT IS CORRECT. AND, YOU KNOW,
ONE WOULD EXPECT THAT THE MUNICIPALITY WOULD FOLLOW APPLICABLE LAW IN
TERMS OF HOW THEY HANDLE THE COMPLETED FORM ITSELF; HOWEVER, THIS BILL
DOES NOT ADDRESS THAT.
MR. DURSO: OKAY. I'M JUST WONDERING WHEN IT
CAME TO -- AND, AGAIN, YOU'VE ANSWERED THE QUESTION, BUT IF YOU HAVE A
TOWN SPORTS LEAGUE, A COUNTY SPORTS LEAGUE AND THEY'RE TRYING TO PUT
PEOPLE AND CHILDREN AND/OR ADULTS IN THE PROPER LEAGUE, IT'S REALLY UP TO
THE MUNICIPALITY HOW THEY'RE GOING TO HANDLE IF THEY'RE FILLING OUT
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PAPERWORK FOR THIS, CORRECT?
MR. BURDICK: THAT IS CORRECT.
MR. DURSO: OKAY. WHAT ABOUT WHEN IT COMES TO,
LIKE, MANDATORY REPORTING FOR EXTREME RISK PROTECTION ORDERS?
MR. BURDICK: AGAIN, THAT'S A MATTER OF THE
MUNICIPALITY CARRYING OUT ITS OBLIGATIONS UNDER LAW. THIS ONLY DEALS
WITH ANY KIND OF FORM OR APPLICATION OR -- OR ONLINE REQUEST FOR
INFORMATION REGARDING GENDER OR SEX.
MR. DURSO: OKAY. SO IT'S JUST -- IT'S GIVING THE
PERSON FILLING OUT THE APPLICATION A OPTION.
MR. BURDICK: THAT IS CORRECT.
MR. DURSO: OKAY.
MR. BURDICK: THAT'S ALL IT DOES.
MR. DURSO: SO AGAIN, IN -- IN REGARDS TO A BILL THAT
WE VOTED ON EARLIER TODAY WHEN IT CAME TO PROCESS SERVERS AND WE'RE
TAKING THE COLOR OF SKIN OFF THE APPLICATION, WHICH I AGREE WITH. THIS
NOW -- BUT NOW ON A PROCESS SERVER'S PAPERWORK, WOULD IT THEN HAVE
THE OPTION FOR X ON THAT PAPERWORK?
MR. BURDICK: WELL, YOU KNOW, I DON'T KNOW
WHETHER THAT'S A FORM WHICH A MUNICIPALITY WOULD BE PUTTING OUT THERE.
MR. DURSO: WELL, WHO -- WHO RECEIVES THE
PAPERWORK FROM THE PROCESS SERVER? I DON'T KNOW, I'M ASKING.
MR. BURDICK: I THINK THAT'S -- THAT'S A COURT
DOCUMENT.
MR. DURSO: OKAY, SO --
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NYS ASSEMBLY JUNE 3, 2024
MR. BURDICK: WE'RE TALKING ABOUT MUNICIPALITIES
--
MR. DURSO: -- IN A COUNTY COURT?
MR. BURDICK: -- COUNTIES, VILLAGES, TOWNS.
MR. DURSO: SO IT DOESN'T AFFECT THE COUNTY COURT
SYSTEM AT ALL?
MR. BURDICK: NO.
MR. DURSO: OKAY. AND THEN MY LAST QUESTION FOR
YOU IS IF YOU HAVE A TOWN, OR COUNTY, OR VILLAGE POLICE DEPARTMENT AND,
AGAIN, THEY'RE FILLING OUT PAPERWORK WHEN IT COMES TO AN ARREST OR ANY
OTHER TYPE OF COMPLAINTS, WILL THE GENDER X OPTION HAVE TO BE ON THAT
PAPERWORK?
MR. BURDICK: IF THE FORM IS REQUESTING THE GENDER
OR SEX IDENTIFICATION, THEN THE GENDER -- THEN THE X OPTION SHOULD BE
PROVIDED.
MR. DURSO: OKAY. AND THEN IF A ARRESTING OFFICER,
PER SE, IS FILLING THAT PAPERWORK OUT, DO THEY THEN HAVE TO ASK THE
PERSON --
MR. BURDICK: BUT WE'RE NOT TALKING ABOUT WHAT IT
--
MR. DURSO: THAT'S WHY I'M JUST TRYING TO GET
CLARIFICATION.
MR. BURDICK: OKAY, SO WE'RE NOT TALKING ABOUT
WHAT THE EMPLOYEE OF THE MUNICIPALITY DOES. THIS IS WHAT IS PRESENTED
TO A RESIDENT OR ANY THIRD-PARTY THAT IS BEING ASKED TO COMPLETE A FORM
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NYS ASSEMBLY JUNE 3, 2024
WHICH THE MUNICIPALITY PRESENTS TO THEM.
MR. DURSO: THANK YOU.
MR. BURDICK: WE'RE NOT TALKING ABOUT WHAT THE
EMPLOYEE IS DOING.
MR. DURSO: IT'S FOR THE RESIDENT TO FILL OUT, CORRECT,
JUST AN OPTION FOR THEM?
MR. BURDICK: RESIDENT OR ANYBODY ELSE, IT COULD
BE, THE APPLICATION FOR A BUILDING PERMIT, THAT MAY NOT BE SOMETHING
THAT A RESIDENT COMPLETES, BUT A CONTRACTOR THAT COULD BE OUT-OF-STATE
COMPLETES, IT DOESN'T MATTER. IF WHATEVER IT IS IS REQUESTING AN
IDENTIFICATION OF GENDER OR SEX, THE X OPTION MUST BE PROVIDED.
MR. DURSO: GREAT. THANK YOU, SIR; I APPRECIATE IT.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MR. BURDICK, WILL
YOU YIELD?
MR. BURDICK: I'D BE DELIGHTED.
ACTING SPEAKER AUBRY: SPONSOR YIELDS.
MR. GOODELL: MY QUESTION IS, WHY DO WE ALLOW
MUNICIPALITIES TO EVEN ASK WHAT YOUR SEX IS? I MEAN, WHAT BUSINESS IS
IT OF THEIRS WHETHER YOU'RE A MALE, FEMALE, DON'T KNOW, DON'T CARE,
YOU'RE ONE TRYING TO BE A DIFFERENT ONE, WHY DO WE EVEN ALLOW THEM TO
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NYS ASSEMBLY JUNE 3, 2024
ASK THAT QUESTION?
MR. BURDICK: IT'S A GREAT PHILOSOPHICAL QUESTION,
BUT NOT GERMANE TO THIS BILL.
MR. GOODELL: BUT IT IS GERMANE BECAUSE IF YOU
ALLOW ANYONE WHO WANTS TO MARK X, IT'S ANOTHER WAY OF SAYING NONE OF
YOUR BUSINESS, RIGHT?
MR. BURDICK: YOU KNOW, THE -- THE X OPTION IS
SOMETHING THAT'S BEING USED NOW BY STATE AGENCIES. IT'S BEING USED BY
THE COUNTY OF WESTCHESTER, BEING USED BY MANY MUNICIPALITIES ACROSS
THE STATE. THIS IS TO TRY TO PROVIDE SOME UNIFORMITY TO IT, AND IT SEEMS
TO BE A VERY WIDELY ACCEPTED WAY OF BEING ABLE TO SAY, IN YOUR TERMS,
BUT YOU DON'T NECESSARILY HAVE TO VIEW IT THAT WAY, THAT IT'S NONE OF
YOUR BUSINESS.
MR. GOODELL: SO THEN MY QUESTION IS, WHY IS IT
ANYONE'S BUSINESS? ARE THERE LEGITIMATE REASONS TO ASK WHAT A PERSON'S
SEX IS? ARE THERE ANY LEGITIMATE REASONS TO ASK THAT QUESTION AT ALL?
MR. BURDICK: WELL, IT MAY OR MAY NOT BE, BUT THE
PURPOSE OF THIS BILL IS SIMPLY TO PROVIDE THAT IF THAT QUESTION IS ASKED --
MR. GOODELL: NO, I UNDERSTAND IT. SO MY
QUESTION IS, CAN YOU GIVE ME EXAMPLES WHERE THAT QUESTION IS RELEVANT,
ANY EXAMPLES?
MR. BURDICK: I DON'T -- I ACTUALLY DON'T THINK IT'S
RELEVANT TO ASK THAT QUESTION BECAUSE WE ARE -- I DON'T WANT TO TRY TO GET
INTO THE PERCEPTIONS OR THE DESIRES ON THE PART OF A MUNICIPALITY ON
WHAT THEY DECIDE TO ASK THAT QUESTION ABOUT. BUT IF THEY DO, IT IS TO
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NYS ASSEMBLY JUNE 3, 2024
PROVIDE, VERY SIMPLY, AN X OPTION. THAT'S SOMETHING THAT YOU MIGHT,
YOU KNOW, DISCUSS WITH SOME OF YOUR TOWNS OR VILLAGES THAT ISSUE
FORMS, AND YOU MAY FEEL MAYBE IT'S INAPPROPRIATE TO EVEN ASK IT, BUT
I'M NOT ASKING THAT QUESTION, THIS BILL IS NOT ASKING THAT QUESTION.
MR. GOODELL: WELL, JUST AS AN EXAMPLE, WE'VE
HAD LEGISLATION HERE ON THE FLOOR THAT WOULD SAY THAT YOU TO HAVE
GENDER EQUALITY ON A LOCAL BOARD, RIGHT? THAT PASSED THE DEMO -- THE
MAJORITY HOUSE. DO YOU QUALIFY FOR GENDER EQUALITY IF YOU MARK X?
MR. BURDICK: I'M NOT SURE I --
MR. GOODELL: I MEAN, WE PASSED THAT BILL AND WE
SAID YOU HAVE TO HAVE GENDER EQUALITY ON A IDA BOARD OR A SEWER
TREATMENT PLANT BOARD. DO YOU MEET THAT REQUIREMENT IF YOU MARK X,
OR IS THAT NOW A THIRD CATEGORY, MALE, FEMALE, WE DON'T KNOW.
MR. BURDICK: THIS IS CREATING SIMPLY ONE
ADDITIONAL CATEGORY, WHICH IS --
MR. GOODELL: NO, I UNDERSTAND.
MR. BURDICK: -- THE X OPTION. NOW, IF YOU FEEL,
YOU KNOW -- YOU'RE NOT GOING TO BE JOINING US NEXT YEAR, BUT IF ANY OF
YOUR COLLEAGUES FEEL THAT THERE SHOULD BE AN ADDITIONAL OPTION, THOUGH I
DON'T THINK IT'S NECESSARY, THAT'S CERTAINLY WITHIN YOUR DISCRETION AND
JUDGMENT.
MR. GOODELL: WOULD THIS BILL APPLY TO OUR STATE
UNIVERSITY SYSTEM, SUNY?
MR. BURDICK: NO.
MR. GOODELL: IT WOULD APPLY, THOUGH FOR ALL OF
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NYS ASSEMBLY JUNE 3, 2024
OUR SCHOOL DISTRICTS, RIGHT?
MR. BURDICK: CORRECT, BUT SED HAS ALREADY
ISSUED REGULATIONS, SO THEY'RE ALREADY IN COMPLIANCE.
MR. GOODELL: AND SO IF A SCHOOL DISTRICT GETS AN
APPLICATION FROM A CHILD TO PLAY ON A GIRLS SOFTBALL TEAM, AND THE
APPLICATION IS MARKED X, WHAT DO THEY DO?
MR. BURDICK: YOU KNOW, THAT -- THAT'S REALLY A
MATTER OF WHAT THE SCHOOL DISTRICT WISHES TO DO WITH IT. AGAIN, AS I
STATED EARLIER, I WOULD CERTAINLY HOPE THAT THE SCHOOL DISTRICT DOES
COMPLY WITH APPLICABLE FEDERAL AND STATE LAW WITH RESPECT OF THE
TREATMENT OF THAT DATA.
MR. GOODELL: I SEE. AND IF SOMEONE APPLIES FOR
THE SPECIAL BENEFITS THAT WE GIVE ONLY TO MINORITY- AND WOMEN-OWNED
BUSINESSES, LET'S SAY YOU WANT TO PARTICIPATE IN THAT 30 PERCENT SET
ASIDE, FOR EXAMPLE, OR YOU WANT TO BE ABLE TO SUBMIT A BID THAT'S 5 OR
10 PERCENT HIGHER THAN THE NEXT RESPONSIBLE BID AND STILL WIN, ARE YOU
GOING TO BE ELIGIBLE IF YOU MARK X?
MR. BURDICK: YOU KNOW, AGAIN, I -- I THINK THAT
YOU'RE LOOKING AT THIS TOTALLY SUBJECTIVELY FROM THE STANDPOINT OF THE
MUNICIPALITY THAT'S REQUESTING THE FORM. RATHER WHAT THIS SHOULD BE
LOOKED AT IS FROM THE STANDPOINT OF THE INDIVIDUAL THAT IS BEING ASKED TO
COMPLETE A FORM. AND SO HOW THE MUNICIPALITY HANDLES IT IS REALLY A
MATTER FOR THE MUNICIPALITY AND ITS COUNSEL AND THEIR STAFF TO DETERMINE.
MR. GOODELL: THANK YOU VERY MUCH, MR.
BURDICK; I ALWAYS APPRECIATE YOUR COMMENTS.
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ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: SO IF WE WANT TO TREAT EVERYONE
EQUALLY, THEN WHY DO WE ASK? I MEAN, WHY DO WE CARE IF YOU'RE A MAN
OR WOMAN IF YOU CAN PLAY ON ANY SPORTS TEAM YOU WANT, IF YOU'RE A
WOMAN AND WANT TO PLAY ON A MAN'S TEAM, COOL; IF YOU'RE A MAN AND
YOU WANT TO PLAY ON A WOMEN'S TEAM, THAT'S OKAY. I MEAN, FOR SOME
PEOPLE IT IS, RIGHT? NOT FOR ME, BUT FOR SOME. AND THE ANSWER IS WE
DON'T TREAT THE SEXES THE SAME, DO WE? IF YOU HAPPEN TO BE A WOMAN
AND YOU OWN A BUSINESS, OH GREAT, YOU CAN SUBMIT A BID THAT'S 5 TO 10
PERCENT HIGHER THAN THE LOWEST RESPONSIBLE BIDDER AND YOU WIN JUST
BECAUSE YOU'RE A WOMAN AND YOU OWN A BUSINESS. OR MAYBE YOU DON'T
WANT TO SUBMIT A BID AT ALL. WELL, IF IT'S A WOMAN-OWNED BUSINESS YOU
CAN GET TO BID UP TO WHAT, 3 MILLION IN NEW YORK CITY WITHOUT ANY BID
AT ALL JUST BECAUSE YOU HAPPEN TO BE A WOMAN. MAYBE WE SHOULDN'T
DISCRIMINATE, WHAT A NOVEL CONCEPT. MAYBE WE OUGHT TO TREAT
EVERYBODY THE SAME WHETHER YOU'RE A MAN OR A WOMAN, WHETHER YOU'RE
BLACK OR WHITE. MAYBE WE SHOULDN'T SET UP SYSTEMS THAT INHERENTLY
DISCRIMINATE AND FAVOR ONE GROUP AGAINST ANOTHER GROUP. I DON'T KNOW.
SO IT COMES RIGHT DOWN TO A BASIC QUESTION, WHY DO
WE EVEN ASK? IF IT DOESN'T MAKE ANY DIFFERENCE, WE SHOULDN'T ASK, AND
THIS BILL SAYS IT DOESN'T MATTER IF YOU ASK BECAUSE THE PERSON WHO'S
FILLING IT OUT CAN MARK X AND LEAVE IT UP TO YOUR IMAGINATION WHETHER
THEY'RE A MAN, OR A WOMAN, OR THEY'RE NOT SURE WHICH THEY ARE. MAYBE
WE SHOULD JUST SIMPLIFY LIFE A LITTLE BIT, REMOVE THE QUESTION ALTOGETHER,
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TREAT EVERYBODY AS CHILDREN OF GOD AND LET IT GO AT THAT. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR ONE QUESTION?
ACTING SPEAKER AUBRY: MR. BURDICK, WILL
YOU YIELD?
MR. BURDICK: CERTAINLY.
MR. MANKTELOW: THANK YOU, MR. BURDICK.
WHEN A CITIZEN OF A TOWN OR VILLAGE COMES IN TO GET A NEW YORK STATE
FISHING LICENSE, IS THERE A GENDER X OR X ON THE FISHING LICENSE?
MR. BURDICK: I DON'T KNOW. IT DEPENDS WHAT THE
-- PRESUMABLY, WHATEVER IS BEING REQUESTED IS GOING TO BE PURSUANT TO
STATE LAW ON FISHING LICENSES, BUT THAT WOULD BE A MATTER FOR THE STATE
ITSELF. AND I'LL BE HONEST WITH YOU, I DON'T KNOW WHETHER THAT'S
PROVIDED ON THE FORM IN WHICH TOWN CLERKS WILL ROUTINELY COLLECT THAT
INFORMATION REALLY ON BEHALF OF THE STATE, IF I'M NOT MISTAKEN.
MR. MANKTELOW: SO IN THIS BILL, MR. BURDICK, IF
A CITIZEN COMES INTO MY TOWN AND WANTS A FISHING LICENSE, THIS BILL IS
GOING TO REQUIRE THAT TOWN TO HAVE THAT X SPOT ON THAT PIECE OF PAPER,
CORRECT?
MR. BURDICK: IF IT'S A MUNICIPAL FORM AND IF IT
ALREADY REQUIRES THE COLLECTION OF DEMOGRAPHIC DATA ABOUT A PERSON'S
GENDER OR SEX, THEN THE X OPTION IS TO BE MADE AVAILABLE. BUT ARE YOU
SPEAKING ABOUT A STATE FORM, OR ARE YOU TALKING ABOUT A MUNICIPAL
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NYS ASSEMBLY JUNE 3, 2024
FORM?
MR. MANKTELOW: I'M TALKING ABOUT A STATE FORM
THAT A MUNICIPALITY DOES BACK AT HOME, HOW DO THEY --
MR. BURDICK: IN THAT INSTANCE, I WOULD DEFER TO
THE STATE BECAUSE IT'S A STATE FORM RATHER THAN A MUNICIPAL FORM.
MR. MANKTELOW: SO IF THAT STATE FORM DOESN'T
HAVE THAT OPTION IN THERE, IT'S OKAY?
MR. BURDICK: THAT'S A MATTER OF WHETHER THE STATE
IS COMPLYING WITH REGULATIONS ALREADY IN PLACE WITH RESPECTIVE
PROVIDING FOR THE GENDER X, BUT AGAIN, THIS IS NOT TO MAKE ANY
COMMENTS ABOUT OR MAKE ANY DETERMINATION AS TO WHETHER THAT STATE
FORM IS COMPLIANT. THIS IS ONLY DEALING WITH A MUNICIPAL FORM.
MR. MANKTELOW: NO, I COMPLETELY UNDERSTAND
THAT AND I KNOW WHAT YOU'RE DOING. I'M JUST THINKING ABOUT THE TOWN
CLERKS BACK HOME, THAT THE VILLAGE CLERKS, THE ONES THAT ARE ACTUALLY
GOING TO DEAL WITH THE PUBLIC FACE TO FACE AND THEY FIND OUT THAT THIS
HAS BEEN PASSED IF IT GETS SIGNED INTO LAW, HOW DO THEY HANDLE THAT?
AGAIN, BIG GOVERNMENTS TELLING LITTLE GOVERNMENT WHAT TO DO. I THINK
WE NEED TO GIVE THEM AN ANSWER.
MR. BURDICK: I THINK IT'S A FAIR QUESTION, AND I
DON'T THINK THAT THE TOWN CLERK SHOULD BE EXPECTED TO MODIFY A STATE
FORM.
MR. MANKTELOW: OKAY. SO EVERY OTHER FORM
THAT THE TOWN HAS, AS LONG AS IT'S NOT A STATE FORM, THEY DON'T HAVE TO
PROVIDE THIS?
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NYS ASSEMBLY JUNE 3, 2024
MR. BURDICK: IF IT'S A -- IF IT'S A FORM THAT'S ISSUED
BY THE MUNICIPALITY. IF IT'S NOT ISSUED BY THE MUNICIPALITY THEN YOU
WOULD LOOK TO THE AGENCY OR ENTITY THAT'S ISSUING IT, BUT THE TOWN CLERK
WOULD NOT HAVE AN OBLIGATION TO MODIFY IT.
MR. MANKTELOW: OKAY. THANK YOU FOR
ANSWERING MY QUESTIONS, MR. BURDICK.
MR. BURDICK: YOU'RE VERY WELCOME.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANKS, MR. SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED, ALTHOUGH I SUSPECT I'LL
HAVE SOME MEMBERS WHO SUPPORT IT IN WHICH CASE THEY SHOULD PUSH
THE BUTTON THAT'S MARKED X FOR YES ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION. THERE MAY BE A COUPLE OF US THAT WOULD
DESIRE TO BE AN EXCEPTION, WE SHOULD FEEL FREE TO DO SO AT OUR SEATS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
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NYS ASSEMBLY JUNE 3, 2024
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER. THIS BILL
REALLY IS ABOUT VOLUNTARILY -- VOLUNTARY SELF-IDENTIFYING A GENDER
IDENTITY NOT CORRESPONDING WITH M OR F. THIS DOES NOT CHANGE OR
AFFECT THE LAW UNDERLYING OTHER MATTERS PERTAINING TO AN ISSUANCE OF A
FORM, AND WE'RE SIMPLY TRYING TO PROVIDE A UNIFORMITY AND A RESPECTING
OF THE -- OF THE VIEWS AND THE ISSUES OF THOSE WHO ARE BEING ASKED TO
COMPLETE THESE FORMS. OFFERING X GENDER MARKERS IS IMPORTANT. IT LETS
MANY NEW YORKERS KNOW THAT THEIR GOVERNMENT SEES THEM AND HONORS
WHO THEY ARE. IT STREAMLINES PARTICIPATION IN SOCIETY BECAUSE IDENTITY
DOCUMENTS ARE REQUIRED, WHETHER TO RENT AN APARTMENT, ACCESS PUBLIC
BENEFITS, OPEN A BANK ACCOUNT, AND SO FORTH. I WISH TO THANK THE
SPEAKER FOR ALLOWING THIS BILL TO COME TO THE FLOOR, AND I URGE MY
COLLEAGUES TO VOTE IN THE AFFIRMATIVE, AND I VOTE IN THE AFFIRMATIVE
MYSELF. THANK YOU.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
MS. LEVENBERG TO EXPLAIN HER VOTE.
MS. LEVENBERG: THANK YOU, MR. SPEAKER, I RISE
TO EXPLAIN MY VOTE. I WILL BE VOTING IN THE AFFIRMATIVE BECAUSE -- AND I
WANT TO THANK THE SPONSOR SO MUCH FOR THIS BILL BECAUSE I THINK IT IS
IMPORTANT THAT WE HAVE CHOICES. AND WHILE I AGREE WITH MY
COLLEAGUES ON THE OTHER SIDE OF THE AISLE THAT IT SHOULDN'T MATTER AND WE
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NYS ASSEMBLY JUNE 3, 2024
SHOULD HAVE MAYBE NO BOXES AT SOME POINT, IF WE DO HAVE BOXES AND
WE DO HAVE TO MAKE A CHOICE BETWEEN ONE OR THE OTHER, WE SHOULD
HAVE ONE OR THE OTHER, OR THE OTHER. SO THAT MEANS THREE CHOICES AND
RIGHT NOW, THAT WOULD ACCOUNT FOR A LOT OF PEOPLE, AND IT WOULD
CERTAINLY HELP PEOPLE WHO DON'T NECESSARILY FIT INTO EITHER BOX, FEMALE
OR MALE. AND MORE AND MORE THESE DAYS, THERE ARE CERTAIN PEOPLE WHO
WOULD LIKE TO CHECK THAT GENDER X AND HAVE THAT AS AN OPTION, AND THEY
SHOULD HAVE THE ABILITY TO DO SO. SO AGAIN, THANK YOU SO MUCH TO THE
SPONSOR FOR THIS VERY THOUGHTFUL BILL, AND AS A MUNICIPAL OFFICIAL WHO
KNOWS THAT MANY OF THESE -- THAT THESE FORMS ARE NOW ONLINE, I KNOW
THAT IT CERTAINLY ISN'T VERY DIFFICULT TO MAKE SORT OF CHANGES. THANK
YOU.
ACTING SPEAKER AUBRY: MS. LEVENBERG IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU WILL
PLEASE HAVE OUR HOUSE STAND AT EASE AND THAT WE WILL RECONVENE AT
8:30.
ACTING SPEAKER AUBRY: THE HOUSE WILL STAND
AT EASE AND CONVENE AGAIN AT 8:30.
(WHEREUPON, AT 6:08 P.M., THE HOUSE STOOD AT EASE.)
* * * * *
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NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER ZEBROWSKI: THE HOUSE WILL
COME BACK TO ORDER.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR, AND
WELCOME BACK, COLLEAGUES. WE ARE GOING TO CONTINUE OUR WORK WITH
CALENDAR NO. 209 BY MS. HUNTER; FOLLOWED BY CALENDAR NO. 468 BY
MS. REYES. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: PAGE 38,
CALENDAR NO. 209, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07428-A, CALENDAR
NO. 209, HUNTER. AN ACT TO AMEND THE BANKING LAW, IN RELATION TO
REMOVAL AND PROHIBITION OF DIRECTORS, TRUSTEES, OFFICERS, MEMBERS OR
PARTNERS OF CERTAIN ENTITIES; AND TO REPEAL CERTAIN PROVISIONS OF SUCH
LAW RELATED THERETO.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. HUNTER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MS. HUNTER, AN EXPLANATION HAS BEEN REQUESTED.
MS. HUNTER: YES, THANK YOU, MR. SPEAKER. THIS
BILL AUTHORIZES THE SUPERINTENDENT OF DFS TO REMOVE OR SUSPEND
AUTHORITY FIGURES AT FINANCIAL INSTITUTIONS OR COVERED INDIVIDUALS IF THEY
ENGAGE IN MISCONDUCT OR UNSAFE PRACTICES.
ACTING SPEAKER ZEBROWSKI: MS. WALSH.
MS. WALSH: THANK YOU MR. SPEAKER. WILL THE
SPONSOR YIELD?
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NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER ZEBROWSKI: WILL THE
SPONSOR YIELD?
MS. HUNTER: YES.
ACTING SPEAKER ZEBROWSKI: SPONSOR YIELDS.
MS. WALSH: THANK YOU. MS. HUNTER, HOW DOES
THIS BILL CHANGE WHAT HAS CURRENTLY BEEN THE PROCESS FOR THE REMOVAL OF
-- OR SUSPENSION OF OFFICERS, DIRECTORS AND TRUSTEES OF BANKING
ORGANIZATIONS?
MS. HUNTER: THIS BILL MODERNIZES THE ANTIQUATED
REMOVAL PROCESS UNDER EXISTING LAW, UNDER THE EXISTING SECTION 41, THE
OFFICER REMOVAL PROCESS INVOLVES A BANKING BOARD WHICH WAS DISSOLVED
WHEN DFS WAS CREATED IN 2011. THIS UPDATED LANGUAGE GIVES
JURISDICTION TO THE SUPERINTENDENT OF DFS.
MS. WALSH: SO I'M CURIOUS, WHAT -- SINCE THE
BANKING BOARD HADN'T REALLY BEEN ACTIVE OR, I GUESS, SINCE 2011, WHAT
HAD BEEN THE PROCESS THAT WAS BEING FOLLOWED IN REALTIME BETWEEN
2011 AND -- AND NOW?
MS. HUNTER: WELL, THE SUPERINTENDENT HAS ALWAYS
HAD OVERSIGHT OF LICENSE AND REGULATED ENTITIES IN NEW YORK. WE JUST
WANT TO MAKE SURE WE ARE CODIFYING A PROCESS FOR THE SUPERINTENDENT IN
LIGHT OF RECENT BANK FAILURES, LIKE THE SILICONE VALLEY BANK AND
SIGNATURE BANK.
MS. WALSH: I UNDERSTAND. SO IN WHAT WAY, IF ANY,
DOES THIS LEGISLATION EXPAND THE GROUNDS FOR REMOVAL?
MS. HUNTER: IT DOESN'T NECESSARILY EXPAND IT. IT
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NYS ASSEMBLY JUNE 3, 2024
JUST CODIFIES, AS I SAID, AND APPLIES SOLELY TO NEW YORK STATE CHARTERED
FINANCIAL INSTITUTIONS AND THOSE FOREIGN FINANCIAL INSTITUTIONS THAT HAVE
LICENSES IN NEW YORK BY THE SUPERINTENDENT.
MS. WALSH: OKAY. SO IT SPECIFICALLY TALKS ABOUT
THAT SUSPENSION, COULD BE GROUNDS FOR AN ENFORCEMENT ACTION IF THEY
HAD BEEN FOUND TO HAVE ENGAGED OR PARTICIPATED IN ANY UNSAFE OR
UNSOUND PRACTICE IN CONNECTION WITH ANY COVERED ENTITY. COULD YOU
GIVE ANY EXAMPLES OF WHAT THAT MIGHT BE?
MS. HUNTER: WELL, UNSAFE OR UNSOUND PRACTICES
AND WILLFUL MATERIAL ACTS ARE WELL-ESTABLISHED CONCEPTS IN BANKING
REGULATION AND COMMONLY USED BY THE DEPARTMENT OF FINANCIAL
SERVICES. SO THIS BILL PROVIDES CLEAR CRITERIA FOR DETERMINING WHEN
THESE GROUNDS FOR REMOVAL APPLY AND WHEN -- ENSURE CONSISTENT
ENFORCEMENT. BAD ACTORS, WE WANT TO MAKE SURE THAT THE PEOPLE WHO
RESIDE IN THE STATE OF NEW YORK AND THEY BANK AT STATE-CHARTERED
BANKS OR FOREIGN FINANCIAL INSTITUTIONS ARE COVERED FOR FOLKS WHO ARE
BAD ACTORS. AND IT'S PRETTY WELL SET OUT THAT THERE'S PLENTY OF DUE
PROCESS INCLUDED IN THIS BILL, SO IF SOMEONE FEELS THAT THEY SHOULDN'T BE
PENALIZED, THAT THEY HAVE DUE PROCESS IN ORDER TO -- TO GO THROUGH.
MS. WALSH: WELL, SOME HAVE SAID THAT THIS
LEGISLATION REPRESENTS A SUBSTANTIAL CHANGE TO THE PROCESS FOR REMOVING
AND SUSPENDING OFFICERS AND EMPLOYEES OF BANKING INSTITUTIONS. HOW
WOULD YOU RESPOND TO THAT?
MS. HUNTER: I WOULD SAY THIS IS NOT AN OVERREACH,
THAT WE'RE CODIFYING A PROCESS, THAT THERE WAS AN ANTIQUATED PROCESS
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NYS ASSEMBLY JUNE 3, 2024
WITH THIS BANKING BOARD THAT HAS NOT BEEN IN EXISTENCE SINCE 2011, AND
WE WANT TO MAKE SURE THAT NEW YORKERS ARE PROTECTED. AND WE PUT
LOTS OF GUARDRAILS IN PLACE WITH THE HUNDRED AND -- 180 DAYS WITH THE
SUSPENSION THAT THE PEOPLE COULD APPEAL IT, YOU KNOW, THAT THERE'S ALSO
JUDICIAL REVIEW UNDER CPLR IF THEY WANT. SO THIS REALLY ISN'T -- FOR
THOSE WHO ARE CONCERNED THAT THIS IS A -- A BROAD REACH, I WOULD ASK
WHO ARE "THEY" AND WHAT IS THEIR CONCERN?
MS. WALSH: IS IT TRUE THAT THIS LEGISLATION MORE
CLOSELY ALIGNS FEDERAL LAWS AND REGULATIONS TO THE PROCESS THAT'S GOING
TO BE FOLLOWED IN NEW YORK? IS IT KIND OF, LIKE, IMPORTING ANYTHING
FROM THE FEDERAL LAW OR FEDERAL REGULATION INTO OUR PROCESS HERE IN THE
STATE?
MS. HUNTER: NO, NOT THAT WE'RE AWARE OF.
MS. WALSH: OKAY. ALL RIGHT. WELL, THANK YOU
VERY MUCH, MS. HUNTER --
MS. HUNTER: THANK YOU.
MS. WALSH: -- I APPRECIATE IT.
ACTING SPEAKER ZEBROWSKI: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER ZEBROWSKI: DOES THE
SPONSOR YIELD? THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU. AS YOU KNOW, OF
COURSE, THE SAFER THE BANKING PRACTICES IN TERMS OF LOANS, THE LESS LIKELY
THESE PROVISIONS WOULD BE IMPLICATED, RIGHT?
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NYS ASSEMBLY JUNE 3, 2024
MS. HUNTER: UM, I GUESS I'M NOT UNDERSTANDING
YOUR QUESTION, THE SAFER THE BANKING PRACTICES, PRESUMABLY YES, BUT WE
SAW IN SILICONE VALLEY BANK WHERE THEY OVEREXTENDED THEMSELVES
WITH CRYPTO CURRENCY INVESTMENTS AND THEY WEREN'T ABLE TO COVER IF
THERE WAS A BANK RUN. AND SO, WE WANT TO MAKE SURE, IN LIGHT OF
BRAND-NEW TECHNOLOGY THAT WE HAVE, THAT CONSUMERS ARE PROTECTED.
MR. GOODELL: NOW, CERTAINLY IN THAT SITUATION IN
SILICONE VALLEY, THE BANK FAILURE WAS A RESULT OF IMPRUDENT
INVESTMENTS BY THE BANK IN ITS CAPITAL RESERVES, AND WHEN THAT CRYPTO
CURRENCY DROPPED IN VALUE, THEIR RESERVES DROPPED. THAT TRIGGERED
FEDERAL AND STATE REGULATIONS THAT REQUIRE A CERTAIN PERCENTAGE TO
RESERVE. BUT A LOT OF THE BANK LOSSES OCCUR ON THE FLIP SIDE IN MAKING
IMPROVIDENT LOANS, RIGHT, LOANS THAT ARE NOT, AS YOU MIGHT SAY, ARE
UNSAFE OR UNSOUND, CORRECT?
MS. HUNTER: RIGHT, BUT ARE YOU WILLFULLY
PARTICIPATING AND MAKING UNSAFE AND UNSOUND PRACTICES. I MEAN, WE
SEE WITH THE COMMERCIAL REAL ESTATE ALL THE TIME WHERE MANY OF OUR
STATE-CHARTERED BANKS HAVE A HEFTY INVESTMENT PORTFOLIO IN COMMERCIAL
REAL ESTATE. AS WE SEE NOW, THAT'S WHAT WE'RE TRACKING RIGHT NOW, WE'RE
VERY CONCERNED BECAUSE OF LOW OCCUPANCY, LOW TENANCY. AND SO THAT'S
SOMETHING THAT WE'RE MONITORING BECAUSE BACK WHEN THEY GAVE A LOAN,
IT WAS SAFE, SOUND, A GOOD INVESTMENT; COVID HAPPENED, IT'S NOT SO
MUCH A GOOD INVESTMENT RIGHT NOW. THAT'S NOT SAYING THAT THEY WERE
BAD ACTORS, BUT WE NEED TO JUST MAKE SURE FOR THOSE WHO ARE BAD ACTORS
THAT OUR CONSTITUENTS, THE RESIDENTS IN THE STATE OF NEW YORK ARE
134
NYS ASSEMBLY JUNE 3, 2024
PROTECTED.
MR. GOODELL: SO THE CONCERN I HAVE, AND PERHAPS
YOU CAN ADDRESS IT, IS THAT IF WE MAKE IT EASIER TO REMOVE BANK OFFICERS
FOR WHAT, IN RETROSPECT, APPEARS TO BE UNSAFE OR UNSOUND PRACTICES,
WON'T THAT RESULT IN BANKS MAKING LESS RISKIER LOANS TO, FOR EXAMPLE,
INDIVIDUALS WITH LOWER CREDIT RATINGS, OR MAKING LOANS THAT REQUIRE A
HIGHER DEBT TO EQUITY RATIO, OR MAKING LOANS FOR A MUCH LOWER
PERCENTAGE OF A PURCHASE PRICE OF A HOUSE?
MS. HUNTER: WELL, UNFORTUNATELY MANY OF THOSE
LOANS AREN'T BEING MADE NOW, ESPECIALLY IN LIGHT OF EVERYTHING THAT
HAPPENED WITH COVID, BUT I WOULD JUST OFFER THAT WE HAVE EXAMINERS,
WE HAVE THE DFS WHO OVERSEES AND REGULATES ALL OF THESE BANKS. WE
HAVE TO MAKE SURE, YOU KNOW, THE FEDS INCREASE CAPITAL RESERVES TO
MAKE SURE THAT NEW YORKERS ARE COVERED MORE FULLY. BUT IF YOU'RE A
BAD ACTOR, NO, YOU SHOULDN'T BE WILLFULLY, YOU KNOW, PARTICIPATING IN
UNSAFE OR UNSOUND PRACTICES. AND, AGAIN, THAT THERE IS LENGTHY DUE
PROCESS THAT ONE CAN GO THROUGH IF THEY FEEL LIKE THAT THEY ARE
MISCHARACTERIZED AS DOING SOMETHING THAT THEY WERE NOT SUPPOSED TO
BE DOING.
MR. GOODELL: OF COURSE AS YOU KNOW, ONE OF THE
FACTORS THAT LED TO THE 2008 RECESSION WAS THE HOUSING CRISIS, RIGHT,
WHERE BANKS MADE LOANS AND THEN HOUSING VALUES DROPPED, PEOPLE
DEFAULTED, THE BANKS COULDN'T RECOVER, AND IT ACTUALLY CAUSED A FAILURE
OF A COUPLE OF BANKS, RIGHT? AND IN NEW YORK, WE HAD A BANK FAILURE,
OR NEAR FAILURE, I CAN'T REMEMBER, WAS IT --
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NYS ASSEMBLY JUNE 3, 2024
MS. HUNTER: IT WAS A FAILURE.
MR. GOODELL: -- WAS IT CITIZENS BANK?
MS. HUNTER: SIGNATURE BANK.
MR. GOODELL: CITIZENS BANK [SIC], AND THE REASON
IT FAILED WAS BECAUSE IT HAD A LOT OF MONEY INVESTED IN
MORTGAGE-BACKED SECURITIES, RIGHT?
MS. HUNTER: CORRECT.
MR. GOODELL: NOW, WOULD YOU THINK THAT THESE
PROVISIONS WOULD BE TRIGGERED BY THE POTENTIAL FAILURE OR THE FAILURE OF
CITIZENS BANK THAT HAD MORTGAGE-BACKED SECURITIES?
MS. HUNTER: SIGNATURE BANK, AND NO --
MR. GOODELL: SIGNATURE BANK, THANK YOU FOR
CORRECTING THAT.
MS. HUNTER: -- I MEAN, IF -- IF THEY WERE WILLFULLY
PARTICIPATING IN THESE UNSAFE PRACTICES, BUT AGAIN, THE SUPERINTENDENT
CAN INVESTIGATE. THERE'S INFORMATION THAT THESE FOLKS WHO ARE BOARD
MEMBERS CAN PUT FORWARD SHOWING THAT THEY DID NOTHING MALICIOUS OR
NOTHING CRIMINAL, NOTHING THAT WOULD WARRANT THEM BEING -- BEING
REMOVED.
MR. GOODELL: OF COURSE, THIS IS NOT TRIGGERED BY
MALICIOUS OR WILLFUL, IT'S TRIGGERED BY, QUOTE, UNSAFE OR UNSOUND, RIGHT?
MS. HUNTER: CORRECT.
MR. GOODELL: OKAY. THANK YOU VERY MUCH. I
APPRECIATE YOUR COMMENTS.
MS. HUNTER: THANK YOU.
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NYS ASSEMBLY JUNE 3, 2024
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MR. GOODELL: ON ITS FACE, THIS SOUNDS LIKE A GREAT
BILL THAT ENABLES THE STATE TO REMOVE OFFICERS OF ANY BANK THAT HAVE
ENGAGED OR PARTICIPATED IN ANY UNSAFE OR UNSOUND PRACTICE. THE
PROBLEM IN PRACTICE IS THAT TYPICALLY THESE BANKS ARE EXAMINED AFTER THE
FACT. AND WHEN WE PUT IN STATUTORY PROVISIONS THAT HAVE A VERY, VERY
BROAD CATEGORY, UNSAFE OR UNSOUND, THE DANGER THAT YOU HAVE IS THAT THE
BANKS WILL REACT TO MINIMIZE THE RISK THAT THEIR OFFICERS WILL BE
REMOVED.
AND SO WHAT'S THAT MEAN? WE HAVE A HOUSING CRISIS,
PEOPLE ARE DESPERATE TO BUILD NEW HOUSING, THEY'RE GOING TO BANKS FOR
MORTGAGES. WE TELL BANK OFFICERS IF YOU SCREW UP ON THE MORTGAGE YOU
MIGHT BE REMOVED. THEY INCREASE THE DEBT-TO-EQUITY RATIO, THEY
INCREASE THE CREDIT SCORE, THEY INCREASE THE AMOUNT YOU NEED FOR A
DOWN PAYMENT. ALL THOSE ARE WELL-RECOGNIZED PROCEDURES TO PROTECT
THE BANK FROM LOSS, TO PROTECT THE BANK FROM BEING SECOND-GUESSED IF
THE HOUSING MARKET GOES DOWN. WE SAW SIGNATURE BANK FACING FORE --
GOING OUT OF BUSINESS, THEY MADE MORTGAGE-BACKED SECURITIES, THAT'S
WHAT THEY INVESTED IN, MORTGAGE-BACKED SECURITIES. WHAT'S THAT MEAN?
THEY INVESTED IN THE HOUSING MARKET, AND WHEN THE HOUSING MARKET
PRICES CAME DOWN, THEY SAW THEIR INVESTMENT DROP. IT THREATENED THE
VERY EXISTENCE OF THEIR BANK. SO DO WE AS A LEGISLATURE IN THE MIDDLE
OF A HOUSING CRISIS WANT TO MAKE IT MORE DIFFICULT FOR NEW YORK
CHARTERED BANKS TO MAKE LOANS, TO MAKE LOANS BACKED BY MORTGAGES?
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NYS ASSEMBLY JUNE 3, 2024
DO WE AS A LEGISLATURE WANT TO PUNISH OFFICERS OF BANKS WHO LEND TO
THE POOR, WHO LEND HIGHER PERCENTAGES ON A HOME PURCHASE? AND
THAT'S THE DANGER WITH THIS BILL. AND WE SEE IT IN REALITY WITH SIGNATURE
BANK. SIGNATURE BANK WAS INVESTED IN MORTGAGE-BACKED SECURITIES,
THAT'S WHAT WE NORMALLY WANT PEOPLE TO DO. THEY WERE INVESTING IN THE
HOUSING MARKET. AND THIS BILL WILL CHILL THE HOUSING MARKET AT THE VERY
TIME WE WANT BANKS TO BE OUR PARTNER IN MAKING MORE HOUSING
AVAILABLE AT AFFORDABLE RATES FOR THOSE WHO STRUGGLE TO BUY A HOME.
AND SO WHILE I APPRECIATE THE DESIRE OF THE SPONSOR, IT
HAS SERIOUS RAMIFICATIONS TO OUR HOUSING MARKET THAT WE SHOULD BE
AWARE OF BEFORE WE MOVE FORWARD. THANK YOU, MR. SPEAKER, AND
THANK YOU TO MY COLLEAGUE.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: A PARTY VOTE
HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. FOR THE REASONS
MENTIONED, THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED. THOSE
WHO SUPPORT IT SHOULD CERTAINLY VOTE YES HERE ON THE FLOOR. THANK YOU,
SIR.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
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NYS ASSEMBLY JUNE 3, 2024
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WILL DESIRE TO BE AN
EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS. THANK YOU,
SIR.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. HUNTER TO EXPLAIN HER VOTE.
MS. HUNTER: YES, THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. THIS IS A VERY SIMPLE BILL. IT AUTHORIZES THE
SUPERINTENDENT OF DFS TO REMOVE OR SUSPEND AUTHORITY FIGURES AT
FINANCIAL INSTITUTIONS OR COVERED INDIVIDUALS IF THEY HAVE ENGAGED IN
MISCONDUCT OR UNSAFE PRACTICES. IF YOU'RE A BAD ACTOR, THE
SUPERINTENDENT IS GOING TO BE LOOKING FOR YOU. THE SUPERINTENDENT
DOES NOT LOOK AT INDIVIDUAL LOANS IN THE PORTFOLIO AT EVERY SINGLE BANK,
THEY LOOK AT THE OVERALL INVESTMENT. WHAT HAPPENED AT SILICONE VALLEY
BANK WAS HORRIBLE BASED ON THE CAPITALIZATION OF THE CRYPTO CURRENCY,
THEY WERE OVERINVESTED IN THAT MARKET. BUT BECAUSE WE SAW WHAT WAS
HAPPENING WITH SIGNATURE BANK, WE WERE ABLE TO STEP IN AND COVER ALL
OF THE ACCOUNT HOLDERS. WELL, THAT WASN'T THE CASE IN SILICONE VALLEY
BANK, THAT THEY HAD TO SELL IT OFF AND THE FEDERAL GOVERNMENT HAD TO
STEP IN.
SO MR. SPEAKER, REALLY WE'RE TRYING TO MAKE SURE THAT
NEW YORK IS PROTECTED, WE DON'T WANT BANK RUNS. AND IF YOU'RE A BAD
ACTOR, YOU HAVE DUE PROCESS TO EXPLAIN TO THE SUPERINTENDENT WHY YOU
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NYS ASSEMBLY JUNE 3, 2024
FEEL THAT YOU DID WHAT YOU DID, BUT THIS IS NOT GOING TO CRUSH THE
HOUSING MARKET. IF ANYTHING, IF YOU'RE A BAD ACTOR YOU SHOULD TAKE
NOTICE THAT NOW YOU'RE NOT GOING TO BE ABLE TO JUST KEEP DOING BAD
THINGS AND THAT THERE IS ACCOUNTABILITY FOR WHAT'S HAPPENING IN THE
BANKING SYSTEM AND WE'RE CODIFYING THAT IN THE STATE OF NEW YORK.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER ZEBROWSKI: MS. HUNTER IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 47, CALENDAR NO. 468, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08947-C, CALENDAR
NO. 468, REYES, SHRESTHA, LEVENBERG, ZINERMAN, SIMONE, ARDILA, OTIS,
FORREST, GIBBS, STECK, HEVESI, GALLAGHER, CARROLL, GONZÁLEZ-ROJAS,
MAMDANI, BURDICK, BURGOS, BORES, JACOBSON, CRUZ, TAYLOR, DARLING,
CLARK, KIM, COLTON, CUNNINGHAM, SIMON, TAPIA, PHEFFER AMATO,
EPSTEIN, RAGA, LAVINE, SHIMSKY, JEAN-PIERRE, KELLES, L. ROSENTHAL,
WEPRIN, SOLAGES. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
REQUIRING RETAIL WORKER EMPLOYERS TO DEVELOP AND IMPLEMENT PROGRAMS
TO PREVENT WORKPLACE VIOLENCE.
ACTING SPEAKER ZEBROWSKI: MS. REYES, AN
EXPLANATION IS REQUESTED.
MS. REYES: THIS BILL WOULD REQUIRE THE DEPARTMENT
OF LABOR TO PRODUCE A MODEL WORKPLACE VIOLENCE PREVENTION TRAINING
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NYS ASSEMBLY JUNE 3, 2024
PROGRAM AND POLICY TO BE UTILIZED BY EMPLOYERS. EMPLOYERS WOULD BE
REQUIRED TO PROVIDE TRAINING ON WORKPLACE VIOLENCE PREVENTION AND
DISTRIBUTE A PREVENTION POLICY AT THE TIME OF EMPLOYEES' HIRING AND
ANNUALLY.
ACTING SPEAKER ZEBROWSKI: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER ZEBROWSKI: WILL THE
SPONSOR YIELD?
MS. REYES: YES.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
YIELDS.
MR. GOODELL: THANK YOU. NOW, THIS BILL WOULD
APPLY TO EVERY EMPLOYER IN NEW YORK STATE THAT HAS TEN OR MORE
EMPLOYEES?
MS. REYES: TEN OR MORE EMPLOYEES, CORRECT.
MR. GOODELL: AND THIS FALLS ON THE DEPARTMENT
OF LABOR TO COME UP WITH A STANDARD POLICY?
MS. REYES: YES.
MR. GOODELL: NOW, WE HAVE, WHAT, TENS OF
THOUSANDS OF SMALL RETAILERS ACROSS THE STATE AND WE ENVISION THE
DEPARTMENT OF LABOR WILL COME UP WITH A ONE-SIZE-FITS-ALL POLICY?
MS. REYES: WELL, I THINK THAT THE POLICY IS GENERIC
IN THE SENSE THAT IT WOULD SPEAK TO THE DE-ESCALATION PROCEDURES,
VIOLENCE PREVENTION, AND A FEW OTHER THINGS THAT AN EMPLOYER CAN TAILOR
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NYS ASSEMBLY JUNE 3, 2024
TO THEIR INDIVIDUAL WORKPLACE IF THEY WISH, OR THEY CAN USE THE
PRE-DISPOSE -- THE PRE-CREATED POLICY BY THE DOL.
MR. GOODELL: DOES THIS REQUIRE RETAILERS TO INSTALL
PANIC BUTTONS?
MS. REYES: IF THEY HAVE 500 EMPLOYEES OR MORE.
MR. GOODELL: NOW, HAVE YOU DISCUSSED THE
CONCEPT OF PANIC BUTTONS WITH ANY LAW ENFORCEMENT?
MS. REYES: NO. AND WE KNOW THAT THEY'VE ALREADY
OFFERED SOME INSIGHT INTO PANIC BUTTONS, AND WE KNOW THAT IN THE
MEMO OF OPPOSITION THEY'VE SAID THAT THEY BELIEVE PANIC BUTTONS AREN'T
AS USEFUL AS CELL PHONES AND THEY'RE NOT AS PREVALENT NOW AS CELL
PHONES, BUT THAT'S IN THE LANGUAGE OF THE BILL, AS WELL. AN EMPLOYER
CAN CHOOSE TO USE CELL PHONE-BASED PANIC BUTTONS OR WEARABLE PANIC
BUTTONS DEPENDING ON THE FACILITY.
MR. GOODELL: NOW, WHEN I WAS, BELIEVE IT OR NOT,
WHEN I WAS IN GRADE SCHOOL, WE USED TO HAVE FALLOUT NUCLEAR ATTACK
DRILLS.
MS. REYES: YEAH.
MR. GOODELL: AND WE'D HAVE TO ALL CRAWL
UNDERNEATH OUR DESK AND COVER OUR HEAD AND HOPE THAT THE WORLD
WASN'T ENDING. I SEE THIS REQUIRES ACTIVE SHOOTER DRILLS.
MS. REYES: YEAH.
MR. GOODELL: IS THAT THE SAME CONCEPT?
MS. REYES: WELL, ACTIVE SHOOTER DRILLS AND ACTIVE
SHOOTER TRAINING IS SOMETHING THAT'S BECOMING MORE PREVALENT GIVEN
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THE CURRENT STATE OF AFFAIRS. AND YOU JUST HAVE TO LOOK AT BUFFALO, AT THE
TOPS SUPERMARKET MASS SHOOTING THAT HAPPENED THERE, OR YOU CAN
POINT TO MANY MASS SHOOTINGS THAT HAPPENED ACROSS THE COUNTRY. AND
NOW NOT JUST WORKPLACES AND PLACES OF RETAIL, BUT SCHOOLS ARE
INSTITUTING SHOOTER -- ACTIVE SHOOTER DRILLS.
MR. GOODELL: AND HOW MANY ACTIVE SHOOTER
DRILLS WOULD YOU ENVISION THAT A RETAILER WOULD NEED TO PROVIDE?
MS. REYES: IT DOESN'T DELINEATE, BUT IT SAYS THAT AN
EMPLOYEE WOULD NEED TO RECEIVE TRAINING AND NOTICE AT TIME OF HIRE,
AND ANNUALLY, SO PERHAPS ONCE A YEAR.
MR. GOODELL: NOW, THIS ALSO REQUIRES EMPLOYERS
TO TEACH RETAIL EMPLOYEES, DE-ESCALATION TACTICS CORRECT?
MS. REYES: CORRECT.
MR. GOODELL: AND DOES -- A LOT OF EMPLOYERS, BY
THE WAY, TELL THEIR EMPLOYEES DON'T TRY TO DE-ESCALATE, JUST BACK AWAY.
DOES THIS PROVIDE ANY LIABILITY PROTECTION TO EMPLOYERS THAT TEACH
DE-ESCALATION TACTICS?
MS. REYES: DE-ESCALATION TACTICS IS A BROAD TERM
USED IN DIFFERENT CIRCUMSTANCES. DE-ESCALATION IS ALSO THE TYPES OF
LANGUAGE YOU CHOOSE TO USE WITH A CUSTOMER THAT'S IRATE, RIGHT? AND
WHEN YOU WORK IN RETAIL, OR WHEN YOU WORK WITH THE PUBLIC OR IN
CUSTOMER SERVICE, OFTENTIMES YOUR CHOICE OF LANGUAGE WITH A CUSTOMER
CAN HELP EITHER ESCALATE OR DE-ESCALATE A SITUATION. AND GIVING
EMPLOYEES THOSE TOOLS I BELIEVE, AND WE BELIEVE, IS -- IS HELPFUL IN
TERMS OF DE-ESCALATING AND PREVENTING WORKPLACE VIOLENCE.
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NYS ASSEMBLY JUNE 3, 2024
MR. GOODELL: DOES THIS BILL REQUIRE A RETAIL OUTLET
UNDER ANY CIRCUMSTANCES TO HAVE TO HIRE SECURITY GUARDS?
MS. REYES: NO. WE REMOVED THAT IN THE
AMENDMENTS.
MR. GOODELL: I SEE. THAT WAS A GOOD AMENDMENT
BECAUSE IT CAUSED QUITE A BIT OF CONSTERNATION.
MS. REYES: I'M GLAD IT PLEASES YOU.
MR. GOODELL: DOES THIS BILL ADDRESS THE ISSUE OF
RETAIL THEFT?
MS. REYES: NO.
MR. GOODELL: AND IS IT TRUE THAT MUCH OF THE
RETAIL VIOLENCE IS RELATED TO RETAIL THEFT?
MS. REYES: NOT NECESSARILY, NO. ACTUALLY, WE'VE
SEEN AN INCREASE IN VIOLENCE IN THE RETAIL SETTING, AND A LOT OF THAT IS --
YOU CAN ATTRIBUTE IT TO SOME OF THE MEASURES THAT EMPLOYERS HAVE PUT IN
PLACE TO PROTECT THE MERCHANDISE. THAT MAY BE PUTTING EVERYTHING
BEHIND LOCK AND KEY AND HAVING CUSTOMERS WAIT AND WAIT AND WAIT TO
GET DEODORANT OR SHAMPOO, AND THEN THEY TAKE THAT OUT ON THE EMPLOYER
-- THE EMPLOYEES THAT ARE THERE THAT ARE JUST TRYING TO DO THEIR JOB.
WE'VE SEEN VIOLENCE AND -- AND AGGRESSIVE INTERACTIONS INCREASE WITH
THE USE OF SELF-CHECKOUT AND THE FRUSTRATION THAT HAPPENS WITH FOLKS
WHEN THERE IS NOBODY ON STAFF TO ATTEND TO CUSTOMERS' NEEDS. THEY
HAVE DONE -- THEY HAVE IMPLEMENTED THESE MEASURES FOR THE SAKE OF
PROFIT, AND MANY OF THEM I SHOULD SAY, ARE ROLLING SOME OF THAT BACK.
SO WE ARE FOCUSED ON THE SAFETY OF THE WORKERS IN THIS LANGUAGE. THERE
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NYS ASSEMBLY JUNE 3, 2024
HAVE BEEN OTHER BILLS AND OTHER MEASURES IN THE BUDGET THAT ADDRESS
RETAIL THEFT. WE ARE CONCERNED WITH THE SAFETY OF WORKERS. AND I
WOULD ALSO ADD THAT VIOLENCE DOESN'T JUST HAPPEN WITH INTERACTIONS OF
CUSTOMERS. OFTENTIMES IT HAPPENS WITH INTERACTIONS WITH EMPLOYEES,
AS WELL, AND DE-ESCALATION TRAINING CAN BE HELPFUL IN THE INTERPERSONAL
COMMUNICATION WITH -- BETWEEN EMPLOYEES.
MR. GOODELL: BASED ON THE DATA THAT YOU'VE
LOOKED AT, WHAT PERCENT OF RETAIL VIOLENCE RELATES TO VIOLENCE BETWEEN A
RETAIL EMPLOYEE AND A CUSTOMER, AND WHAT PERCENT OF THE VIOLENCE
RELATES TO SITUATIONS BETWEEN RETAIL EMPLOYEES?
MS. REYES: WELL, INTERESTINGLY ENOUGH, THAT DATA
ISN'T NECESSARILY COLLECTED AND EMPLOYERS ARE NOT REQUIRED TO COLLECT
THAT DATA. WE HAVE SOME ANECDOTAL DATA FROM WORKERS, LABOR UNIONS
THAT REPRESENT WORKERS, BUT UNDER THIS BILL, THEY WOULD REQUIRE TO REPORT
TO THE DOL SOMETHING THAT'S NOT REQUIRED NOW. SO IT'S VERY DIFFICULT TO
IMPLEMENT INTERVENTIONS WHEN YOU DON'T HAVE DATA.
MR. GOODELL: THANK YOU VERY MUCH FOR YOUR
COMMENTS.
SIR, ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MR. GOODELL: ALL OF US HAVE SEEN VERY ALARMING
STORIES THAT SEEM TO OCCUR WITH VERY, VERY ALARMING FREQUENCY OF STORE
EMPLOYEES WHO MIGHT TRY TO STOP SOMEBODY FROM SHOPLIFTING WHO ARE
THEN ATTACKED BY THE SHOPLIFTER. AND WE'VE SEEN STORIES OVER AND OVER
COMING OUT OF NEW YORK CITY IN PARTICULAR OF STORE OWNERS OR STORE
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EMPLOYEES WHO DEFEND THEMSELVES AGAINST A ROBBERY, OR SHOPLIFTING,
AND INSTEAD OF ARRESTING THE SHOPLIFTER, THEY ARREST THE STORE EMPLOYEE
OR THE STORE OWNER. WE'VE SEEN SITUATIONS WHERE A STORE OWNER, FOR
EXAMPLE, DEFEND THEMSELVES FROM A KNIFE ATTACK AND THE STORE OWNER
WAS ARRESTED, NOT THE GUY WHO ATTACKED HIM.
NOW, WE'VE SEEN A TREMENDOUS INCREASE IN RETAIL THEFT.
OVER THE LAST FIVE YEARS, THE DATA HAS JUST BEEN ABSOLUTELY ASTOUNDING IN
TERMS OF THE INCREASE IN RETAIL THEFT. AND IT'S PREDICTABLE. I MEAN,
WHEN YOU HAVE A DISTRICT ATTORNEY WHO ON THE DAY HE'S ELECTED AND HIS
FIRST DAY MEMO SAYS, WE ARE NOT GOING TO PROSECUTE RETAIL THEFT, WE'RE
NOT GOING TO PROSECUTE SHOPLIFTERS, IT IS OPEN SEASON FOR SHOPLIFTERS IN
MANHATTAN. I MEAN, THE DISTRICT ATTORNEY HIMSELF SAID WE'RE NOT GOING
TO PROSECUTE. AND SO OF COURSE THE POLICE OFFICERS, HAVING BEEN TOLD
THAT THE DISTRICT ATTORNEY WON'T PROSECUTE, THEY DON'T BOTHER TO ISSUE
THE ARREST. AND THAT PUTS STORES IN A HORRIFIC SITUATION WHERE THEY'RE
LOSING LITERALLY BILLIONS OF DOLLARS. ACCORDING TO CAPITAL ONE, RETAILERS
IN NEW YORK LOST 4.4 BILLION IN REVENUE TO RETAIL THEFT. AND SO HOW DO
THE STORES REACT? THEY LOCK UP EVERYTHING, RIGHT? THANK GOD THAT
HASN'T HAPPENED IN MY COMMUNITY, BUT IN SOME COMMUNITIES, YOU
WANT TO BUY TOOTHPASTE OR ANYTHING ELSE? YOU'VE GOT TO GET A STORE
CLERK TO UNLOCK THE CAGE. AND AS MY COLLEAGUE CORRECTLY NOTED, THAT
CREATES POTENTIAL FOR CUSTOMERS WHO ARE IRATE WHO TAKE THAT IRRITATION
OUT ON THE POOR STORE CLERK. BY THE WAY, RETAIL THEFT COMPLAINTS HAVE
INCREASED 77 PERCENT OVER THE LAST FIVE YEARS. SO WHAT'S THE RESPONSE
HERE? THE RESPONSE IS NOT TO SAY TO A DISTRICT ATTORNEY YOUR JOB IS TO
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NYS ASSEMBLY JUNE 3, 2024
ENFORCE THE LAW, NO, WE'RE SILENT ABOUT THAT. THIS SAYS TO THE POOR STORE
OWNERS, YOU HAVE TO SPEND MORE MONEY ON SECURITY, YOU, THE POOR
STORE OWNER WHO IS LOSING $4.4 BILLION HAS TO INVEST HUNDREDS OF
THOUSANDS OF DOLLARS IN TECHNOLOGY THAT QUITE FRANKLY IS OUTDATED, LIKE
PANIC BUTTONS. THE NEW YORK CITY POLICE DEPARTMENT ITSELF SAYS THAT
WHEN THEY TALK TO EMPLOYERS AND EMPLOYEES, THE EMPLOYEE SAID DON'T
TEACH US ABOUT DE-ESCALATION, WE DON'T WANT TO BE CONFRONTING THESE
IRATE CUSTOMERS. AND THE NEW YORK POLICE DEPARTMENT RECENTLY
TESTIFIED AT A PUBLIC HEARING THAT PANIC BUTTONS OF ANY KIND ARE NOT THE
IDEAL METHOD, IT'S BETTER TO USE A CELL PHONE BECAUSE WITH A CELL PHONE,
YOU CAN ANSWER QUESTIONS FROM THE DISPATCHER THAT ENABLES THE PLACE TO
BETTER RESPOND. SO RATHER THAN FOCUS ON INCREASING THE BURDENS ON ALL
SMALL BUSINESSES, WHICH IS WHY THE NATIONAL FEDERATION OF
INDEPENDENT BUSINESSES OPPOSES THIS, ALONG WITH THE BUSINESS COUNCIL
AND OTHERS, MAYBE WE SHOULD FOCUS ON MAKING RETAIL SALES SAFER BY
ENFORCING THE LAW AND PROSECUTING SHOPLIFTERS AND PROSECUTING THOSE
WHO ATTACK RETAIL EMPLOYEES. LET'S PUT THE FOCUS WHERE IT BELONGS ON
THE CRIMINAL AND NOT FOR OUR POOR RETAILERS TO SPEND HUNDREDS OF
THOUSANDS OF DOLLARS IN ADDITIONAL EXPENSE BECAUSE OUR PROSECUTORS ON
DAY ONE SAY THEY'RE NOT GOING TO ENFORCE THE LAWS. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: MS. WALSH.
MS. WALSH: THANK YOU MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER ZEBROWSKI: WILL THE
SPONSOR YIELD?
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NYS ASSEMBLY JUNE 3, 2024
MS. REYES: YES.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
YIELDS.
MS. WALSH: GREAT. YOU MENTIONED I THINK THAT THE
BILL TEXT TALKS ABOUT ANY TYPE OF RETAIL ESTABLISHMENT, BUT IT HAS TO HAVE
TEN OR MORE EMPLOYEES; IS THAT CORRECT?
MS. REYES: CORRECT.
MS. WALSH: DOES IS SPECIFICALLY EXEMPT FARM
OPERATIONS, FARM STORES --
MS. REYES: NO.
MS. WALSH: -- FARM STANDS?
MS. REYES: NO.
MS. WALSH: OKAY. IS THERE ANY OPT OUT THAT'S
AVAILABLE IN THE BILL FOR THOSE TYPE OF ESTABLISHMENTS?
MS. REYES: NO.
MS. WALSH: IS THERE ANY CONSIDERATION TO THE FACT
THAT FARM STANDS GENERALLY DO NOT HAVE THE TYPE OF RETAIL THEFT OR
WORKPLACE SAFETY ISSUES THAT PERHAPS A BODEGA IN NEW YORK CITY DOES?
MS. REYES: NO. BUT THE WAY THE BILL IS WRITTEN AND
HOW IT WOULD BE IMPLEMENTED, IT -- IT SHOULDN'T BE ANY MORE
BURDENSOME BECAUSE IT'S NOT -- THE BURDEN ISN'T PLACED ON THEM TO
CREATE THIS POLICY. THEY CAN -- IT WILL BE PUBLICLY AVAILABLE THROUGH THE
DOL ONCE IT'S IMPLEMENTED THAT THEY CAN VERY WELL TAKE IT AND MAKE
SURE THEIR WORKERS OR EMPLOYEES HAVE IT.
MS. WALSH: OKAY. SO THERE -- SO THERE'S THE
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NYS ASSEMBLY JUNE 3, 2024
WRITTEN COMPONENT TO HAVING THE WORKPLACE PLAN IN PLACE --
MS. REYES: CORRECT.
MS. WALSH: -- IS THERE ALSO A TRAINING COMPONENT,
AND I APOLOGIZE IF YOU'VE ALREADY BEEN ASKED THAT.
MS. REYES: THERE IS, THERE IS.
MS. WALSH: SO THEY HAVE TO NOT ONLY PROVIDE AN
ACTUAL PLAN, WHICH I KNOW THAT THERE WILL BE A MODEL PLAN THAT THEY CAN
DRAW FROM, BUT THEY WILL ALSO HAVE TO TRAIN OUR EMPLOYEES ABOUT IT,
CORRECT?
MS. REYES: YES. AND THE TRAINING ACTUALLY WOULD
INCLUDE, AND IT'S IN THE LANGUAGE, INFORMATION ON THE REQUIREMENTS OF
THIS BILL, EXAMPLES OF MEASURES EMPLOYEES CAN TAKE TO PROTECT
THEMSELVES, DE-ESCALATION TACTICS, ACTIVE SHOOTER DRILLS, EMERGENCY
PROCEDURES, AND INFORMATION ON HOW TO USE PANIC BUTTONS AND ALARMS IF
APPLICABLE.
MS. WALSH: OKAY. THANK YOU VERY MUCH, I
APPRECIATE IT.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MS. WALSH: SO THE REASON THE FARM BUREAU
DISAGREES WITH THIS PIECE OF LEGISLATION IS THAT IT FRANKLY ENCOMPASSES
THEM AND THOSE ESTABLISHMENTS WHEN IT DOESN'T NEED TO. I THINK THAT
WHEN WE'RE TAKING A LOOK AT LEGISLATION, WE NEED TO TRY TO NARROWLY
TAILOR IT TO THOSE BUSINESSES AND THOSE SITUATIONS THAT REALLY REQUIRE IT.
AND THE FARM BUREAU IS SAYING DON'T -- DON'T KEEP US -- DON'T KEEP OUR
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FARM STANDS INTO THIS. I CAN'T THINK OF A SINGLE EXAMPLE, CAN YOU, OF A
FARM STAND THAT HAS BEEN HELD UP AT GUNPOINT, OR WHERE THERE HAS BEEN
A BRAWL, OR WHERE THERE HAS BEEN, JUST, OUTRIGHT RETAIL THEFT COMING OUT
OF A FARM STAND. WHY A FARM STAND AND THAT FARM OPERATION SHOULD
HAVE TO GO THROUGH THE DEVELOPMENT OF A POLICY AND TRAINING
EMPLOYEES, HOWEVER WELL-INTENTIONED IT IS AND HOW APPLICABLE IT MAY
BE TO OTHER TYPES OF ESTABLISHMENTS IS BEYOND ME. I WOULD RESPECTFULLY
RECOMMEND THAT THERE BE AN AMENDMENT. I KNOW THAT WE'RE IN A
C-PRINT RIGHT NOW, BUT I THINK THAT THE BILL COULD USE A LITTLE BIT FURTHER
WORK AND TAKE THOSE ESTABLISHMENTS OUT, OR AT LEAST GIVE AN OPT-OUT FOR
THOSE -- FOR THOSE TYPES OF OPERATIONS. THEY -- THEY DON'T REQUIRE THIS,
AND IT'S JUST ONE MORE, ONE MORE REGULATION, ONE MORE BURDEN, AS I
SAID, NO MATTER HOW WELL-INTENTIONED IT IS, UPON OUR BUSINESSES, IN
PARTICULARLY OUR FARMS. SO FOR THAT REASON, I'LL BE OPPOSING THIS
LEGISLATION. THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER ZEBROWSKI: WILL THE
SPONSOR YIELD?
MS. REYES: YES.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
YIELDS.
MS. GIGLIO: SO AS FAR AS THE 500 EMPLOYEES, IS THAT
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FOR TRANSIENT WORKFORCE, OR IS THAT FOR CVS THROUGHOUT THE WHOLE STATE
OF NEW YORK WHERE THEY HAVE MORE THAN 500 EMPLOYEES, IS IT BASED
ON ZIP CODE WHERE THERE ARE MORE THEFTS? YOU KNOW, IN MY ZIP CODE,
11901, YOU KNOW, OUR DEODORANT AND SHAMPOO AND HYGIENE PRODUCT
ARE NOT LOCKED UP.
MS. REYES: SO THE BILL DOES NOT SPEAK ABOUT THE
CODE, IT'S JUST 500 EMPLOYEES OR MORE.
MS. GIGLIO: SO CVS ANYWHERE THROUGHOUT NEW
YORK STATE --
MS. REYES: AND IT'S NOT ABOUT RETAIL -- AND IT'S NOT
ABOUT RETAIL THEFT, THIS IS ABOUT VIOLENCE PREVENTION. AND AS I SAID
BEFORE, VIOLENCE CAN HAPPEN BETWEEN EMPLOYEES AND IT CAN HAPPEN
BETWEEN --
MS. GIGLIO: I THOUGHT IT SAID RETAIL WORKER SAFETY
ACT.
MS. REYES: RIGHT, NOT RETAIL THEFT; RETAIL WORKER
SAFETY.
MS. GIGLIO: SO WHAT DO YOU DESCRIBE RETAIL SAFETY
AS? WHAT DO THEY HAVE TO BE AFRAID OF?
MS. REYES: IRATE CUSTOMERS, ACTIVE SHOOTERS.
MS. GIGLIO: WHY WOULD -- WHY WOULD CUSTOMERS
BE IRATE?
MS. REYES: FOR A LITANY OF REASONS. MAYBE THEY
HAD A BAD DAY. WE JUST WANT TO MAKE SURE THAT WORKERS HAVE THE TOOLS
TO BE ABLE TO, IN A SITUATION, TO BE ABLE TO DE-ESCALATE THE SITUATION. I
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NYS ASSEMBLY JUNE 3, 2024
ACTUALLY GET -- WE GOT DE-ESCALATION TRAINING AS NURSES.
MS. GIGLIO: AT WHERE?
MS. REYES: AS NURSES. YOU LEARN THERAPEUTIC
COMMUNICATION, HOW TO SPEAK TO PEOPLE TO MAKE SURE THAT YOU
DE-ESCALATE CERTAIN CIRCUMSTANCES.
MS. GIGLIO: AND GOD BLESS OUR NURSES, AND GOD
BLESS YOU FOR BEING A NURSE, AND I UNDERSTAND THAT IN THE NURSING FIELD,
BUT WHEN YOU'RE GOING TO WORK AS AN 18-YEAR-OLD KID, OR A 16-YEAR-OLD
KID OR 14-YEAR-OLD KID TO A STORE, YOU'RE GOING TO SAY IN ORDER TO WORK
IN THIS STORE YOU HAVE TO HAVE THIS TRAINING?
MS. REYES: NO, ACTUALLY. AND AS A MOM OF A
TEENAGER WHO WORKS IN A RETAIL STORE, I WOULD ASK, AND I WOULD EXPECT,
THE RETAILER TO GIVE HIM THE TOOLS NECESSARY TO BE ABLE TO SPEAK TO HIS
CUSTOMERS, KNOW HOW TO RESPOND IN A SITUATION, IF THERE IS AN
EMERGENCY SITUATION FOR HIM TO AT LEAST KNOW HOW TO GET OUT OF THE
PLACE OR WHAT TO DO IN AN EMERGENCY SITUATION.
MS. GIGLIO: WOW.
MS. REYES: THAT'S THE BARE MINIMUM OF THE
REQUIREMENT --
MS. GIGLIO: THAT'S -- THAT'S VERY --
MS. REYES: -- FOR THE EMPLOYER TO GIVE THE
EMPLOYEE --
MS. GIGLIO: -- LISTEN, I HAVE A 21-YEAR-OLD AND I
HAVE --
MS. REYES: -- THE TOOLS TO DO THAT.
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ACTING SPEAKER ZEBROWSKI: COLLEAGUES.
MS. GIGLIO: THANK YOU, YOU ANSWERED THE
QUESTION.
MS. REYES: YOU'RE WELCOME.
MS. GIGLIO: SO TANGER OUTLET CENTER, OR THE OUTLET
CENTERS THAT HAVE 50 DIFFERENT STORES IN THE OUTLET CENTERS, IS EACH
INDIVIDUAL STORE --
MS. REYES: ARE YOU SILL ASKING ME TO YIELD?
MS. GIGLIO: I'M ASKING YOU --
ACTING SPEAKER ZEBROWSKI: MS. REYES, DO
YOU CONTINUE TO YIELD?
MS. REYES: SURE.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
CONTINUES TO YIELD.
MS. GIGLIO: OH, I'M SORRY, I DIDN'T THINK I STOPPED.
I SAW THAT SHE SAT DOWN, BUT I DIDN'T THINK THAT I CONTINUED --
MS. REYES: I THOUGHT YOU SAID I ANSWERED YOUR
QUESTION.
ACTING SPEAKER ZEBROWSKI: ALL RIGHT,
COLLEAGUES, THERE SEEMS TO BE A MISUNDERSTANDING. LET'S CONSIDER --
CONTINUE THE DEBATE.
MS. REYES: I CONTINUE TO YIELD.
MS. GIGLIO: WELL, THANK YOU. SO TANGER OUTLET
CENTERS ARE OUTLET CENTERS THAT HAVE --
MRS. PEOPLES-STOKES: MR. SPEAKER, IF I COULD
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NYS ASSEMBLY JUNE 3, 2024
ASK COLLEAGUES --
ACTING SPEAKER ZEBROWSKI: MS. GIGLIO.
MRS. PEOPLES-STOKES, WHY DO YOU RISE?
MRS. PEOPLES-STOKES: MR. SPEAKER, ASK OUR
COLLEAGUES TO SPEAK DIRECTLY TO YOU, THROUGH THE PERSON THAT THEY'RE
ASKING THE QUESTION OF, AND RESPONSE.
MS. GIGLIO: WOW, THAT'S PRETTY RARE IN A DEBATE,
ISN'T IT?
ACTING SPEAKER ZEBROWSKI: THANK YOU,
MRS. PEOPLES-STOKES. COLLEAGUES, TO GET THROUGH THE REST OF THE DEBATE
IF YOU COULD ASK QUESTIONS THROUGH ME.
MS. GIGLIO: OKAY. MR. SPEAKER, CAN YOU PLEASE
ASK THE SPONSOR OF THE BILL IF YOU'RE IN AN OUTLET CENTER WHERE YOU HAVE
100 DIFFERENT COMPANIES THAT ARE THERE AND THEY HAVE TO MONITOR HOW
MANY EMPLOYEES THAT THEY HAVE AT THAT OUTLET CENTER AS TO WHETHER OR
NOT THIS TRAINING WOULD BE REQUIRED --
ACTING SPEAKER ZEBROWSKI: MS. REYES?
MS. GIGLIO: -- IF -- IF THEY SHOULD HAVE TO FULFILL
THAT REQUIREMENT? AND, IF THOSE TRANSIENT EMPLOYEES, LIKE MY KIDS
WHO ARE IN COLLEGE AND THEN GOING TO WORK IN THE SUMMER, IF THEY'RE
NOT FULL-TIME EMPLOYEES, PART-TIME EMPLOYEES, DO THEY HAVE TO
COMPLETE THIS TRAINING IF THEIR PART-TIME EMPLOYEES?
ACTING SPEAKER ZEBROWSKI: MS. REYES?
MS. REYES: SO MR. SPEAKER, TO THE FIRST PART OF THE
QUESTION, AN OUTLET MALL HAS INTERNATIONAL CHAINS THAT USUALLY ARE IN
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THESE FACILITIES, THOSE ARE CONSIDERED ENTITIES WITH 500 OR MORE
EMPLOYEES. IF YOU LOOK AT THE GAP OR IF LOOK AT OLD NAVY OR WHATEVER
THE CASE MIGHT BE, THOSE ARE MULTI-MILLION DOLLAR INTERNATIONAL
COMPANIES THAT HAVE MORE THAN 500 EMPLOYEES, SO THEY, YES, UNDER THE
LANGUAGE OF THIS BILL, WOULD BE REQUIRED TO EITHER USE THE -- THE POLICY
CREATED BY THE NEW YORK STATE DOL, OR THEY CAN IMPLEMENT THEIR
OWN. THEY ARE REQUIRED TO GIVE IT TO EVERY EMPLOYEE AT TIME OF HIRE,
WHETHER FULL-TIME OR PART-TIME, AND ONCE A YEAR, YES.
ACTING SPEAKER ZEBROWSKI: MS. GIGLIO.
MS. GIGLIO: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MS. GIGLIO: THIS IS REALLY PLACING AN UNDUE BURDEN
ON KIDS THAT ARE JUST WANTING TO BE EMPLOYED. I DON'T EVEN KNOW IF
THEY'RE GETTING PAID FOR THIS TRAINING THAT THEY HAVE TO SIT THROUGH, EVEN
IF IT'S A SUMMER JOB AT MINIMUM WAGE, ARE THEY GETTING -- I DON'T KNOW,
ARE THEY GETTING PAID? ARE THE EMPLOYERS REQUIRED TO PAY THEM TO SIT
THROUGH THIS TRAINING? I'LL TELL YOU AS A NEW YORK STATE
ASSEMBLYWOMAN, I HAVE SAT THROUGH THIS TRAINING FOR SEXUAL
HARASSMENT AND OTHER THINGS WHERE I THINK IT'S A LAUDABLE CLAUSE [SIC], IT
IS REALLY DISAPPOINTING AT THE REQUIREMENTS FOR TRAINING, ESPECIALLY FOR
PART-TIME SUMMER EMPLOYEES FOR KIDS THAT ARE 14-YEARS-OLD TO TEACH
THEM ABOUT RETAIL VIOLENCE WHEN YOU KNOW WHAT? IF WE WERE DOING
OUR JOB AND NOT LETTING PEOPLE STEAL UP TO $1,000 A DAY OF GOODS EVERY
DAY, THEN MAYBE WE COULD DETER RETAIL THEFT AND NOT HAVE TO TRAIN
PEOPLE TO DEAL WITH LETTING PEOPLE STEAL GOODS FROM THE STORE THAT THEY
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ARE MAKING MINIMUM WAGE AND HAVING TO PAY THEIR SALARY TO BUY THESE
GOODS WHILE THEY'RE WATCHING PEOPLE WALK OUT WITH BAGS OF GOODS FROM
THE STORE. AND FOR THAT REASON, I WILL BE VOTING NO ON THIS BILL AND I
THINK THAT IF YOU WANT TO DEAL WITH RETAIL THEFT, YOU'VE GOT TO STOP THE
THIEVES AND YOU HAVE TO DETER THEFT, AND YOU HAVE TO PUT PEOPLE AWAY
FOR CONTINUING TO COMMIT THE SAME CRIMES. THANK YOU, MR. SPEAKER.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
MS. ZINERMAN.
MS. ZINERMAN: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MS. ZINERMAN: I WANT TO THANK MY COLLEAGUE FOR
THIS COMMON SENSE PIECE OF LEGISLATION. WE ALWAYS GATHER AFTER THERE'S
BEEN A TRAGEDY AND MOURN WHAT HAS HAPPENED WHEN WE LOSE A FELLOW
NEW YORKER. I THINK THIS IS A WONDERFUL WAY FOR US TO TELEGRAPH TO
PEOPLE THAT WE CARE ABOUT THEIR SAFETY AND WE WANT TO MAKE SURE THAT
THEY ARE SAFE AT WORK AS THEY ARE AT HOME, OR WHEN THEY'RE WALKING TO
AND FROM WORK, OR GOING ABOUT THEIR DAILY LIVES. AND SO AGAIN, I WANT
TO THANK THE SPONSOR FOR THE BILL AND I REALLY WANT US TO UNDERSTAND THAT
THESE THINGS HAPPEN MORE OFTEN THAN NOT. JUST RECENTLY, I HAD -- I SAT
DOWN WITH SOME UNION MEMBERS WHO WERE BEING BULLIED IN THE
WORKPLACE, AND NOBODY WOULD EVER THINK THAT ADULTS WOULD BE
STRUGGLING WITH THE SAME BULLYING TACTICS THAT YOUNG PEOPLE DO
NOWADAYS. BUT I THINK THAT BY PASSING THIS LEGISLATION, WE'RE LETTING
PEOPLE KNOW THAT THIS BODY IS VERY CONCERNED WITH BEING COLLEGIAL BUT
ALSO BEING SAFE AT OUR -- IN OUR WORKPLACE. AND I YIELD MY TIME AND I
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THANK, AGAIN, THE SPONSOR FOR PASSING THIS BILL.
ACTING SPEAKER ZEBROWSKI: MS. BYRNES.
MS. BYRNES: THANK YOU. I WOULD JUST LIKE TO BE
HEARD ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MS. BYRNES: AS YOU READ THIS, WHAT JUMPS OUT TO
ME IS WHEN YOU'RE LOOKING AT ANY TYPE OF BUSINESS WHICH HAS TEN OR
MORE PEOPLE, YOU KNOW, YOU COULD HAVE JUST ONE OR TWO PEOPLE
WORKING AT ANY TIME BY THE TIME YOU HAVE DIFFERENT SHIFTS, DURING THE
WEEK, EVENINGS, WEEKENDS, SO YOU'RE PUTTING SUCH AN INCREDIBLE,
INCREDIBLE BURDEN ON EVEN THE SMALLEST OF BUSINESSES WHO HAVE HARDLY
ANY EMPLOYEES. I WAS EVEN -- HEARD FROM A BUSINESS IMPROVEMENT
DISTRICT, A BID IN NEW YORK CITY TELLING ME HOW MUCH THIS WAS GOING
TO HURT NEW YORK CITY BUSINESSES. SO AS WE STAND HERE AND SIT HERE
TONIGHT LOOKING AT THE DETAILS, PROFESSING THAT WE WANT TO BRING BACK
THE BUSINESS AND BRING BACK THE ECONOMY IN THIS STATE, WE CONTINUE TO
DO THINGS THAT DO THE EXACT OPPOSITE, THAT TURN AROUND AND HURT THE
ECONOMY, HURT OUR STATE, HURT OUR EMPLOYEES, AND I TOTALLY AGREE WITH
WHAT HAD BEEN SAID. OBVIOUSLY, IF WE'RE CONCERNED ABOUT RETAIL WORKER
SAFETY, IT'S BECAUSE RETAIL WORKERS, THEIR SAFETY IS AT RISK, AND THEIR
SAFETY IS AT RISK FROM ALL OF THE INCIDENTS THAT ARE HAPPENING WITHIN
THEIR STORES, MANY OF THEM BECAUSE OF THE RETAIL THEFT ISSUES THAT ARE
GOING ON THROUGHOUT THIS STATE. THESE ISSUES ARE NOT SEPARATE AND
APART, THEY'RE INTERRELATED. THEY ARE INTERRELATED TO A POINT WHERE THEY
CANNOT BE SEPARATED FROM EACH OTHER.
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I'LL BE VOTING NO BECAUSE I THINK WE SHOULD BE
SUPPORTING BUSINESSES OF ANY SIZE AND NOT DISSUADING, HURTING AND
REGULATING OUT OF EXISTENCE, AND IT'S NOT JUST THE ONES IN UPSTATE NEW
YORK WHO DECIDE TO MOVE TO PENNSYLVANIA OR OHIO, AGAIN, NEW YORK
CITY BID IS WORRIED ABOUT THIS -- WHAT THIS WILL DO TO THEIR AREA, AND I
CAN'T BELIEVE THAT BID IS THE ONLY ONE AND THAT MANY OF YOU, I'M SURE,
HAVE HEARD FROM THEM AND JUST AREN'T GOING TO ADMIT IT ON THE FLOOR OF
THIS ASSEMBLY. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WILL THE SPONSOR YIELD FOR A QUESTION OR TWO?
ACTING SPEAKER ZEBROWSKI: WILL THE
SPONSOR YIELD?
MS. REYES: YES.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
YIELDS.
MRS. PEOPLES-STOKES: COULD YOU PLEASE SPEAK
TO EXACTLY WHAT IN YOUR BILL TALKS TO -- OR SPEAKS TO THE EMPLOYER AND/OR
BUSINESSOWNER IN DOING TRAINING TO DEAL WITH RETAIL THEFT?
MS. REYES: THE BILL DOES NOT SPEAK ABOUT RETAIL
THEFT AT ALL.
MRS. PEOPLES-STOKES: THANK YOU. I DIDN'T
THINK I HEARD THAT IN YOUR ORIGINAL PRESENTATION, BUT IT APPEARS OUR
DEBATE IS ABOUT RETAIL THEFT. AND SO -- THANK YOU.
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NYS ASSEMBLY JUNE 3, 2024
MS. REYES: THANK YOU.
MRS. PEOPLES-STOKES: I WANTED TO JUST BRING TO
OUR ATTENTION THAT A FEW MONTHS AGO IN MY DISTRICT WE HELD A DISASTER
PREPAREDNESS SESSION AT A HIGH SCHOOL. NOW, THIS IS A BIG HIGH SCHOOL,
AS A MATTER OF FACT, IT'S THE HIGH SCHOOL WHERE I GRADUATED FROM, BUT
THERE WAS NOT ENOUGH SPACE TO DEAL WITH ALL OF MY CONSTITUENTS WHO
WANTED TO COME TO THAT EVENT; WE'RE GOING TO HAVE TO SCHEDULE ANOTHER
ONE. WHY IS THAT? BECAUSE IT'S THE KIND OF TIMES THAT WE LIVE IN, THAT
PEOPLE WANT TO BE PREPARED IF SOMETHING HAPPENS. WHETHER OR NOT
THEY SEND THEIR CHILDREN TO THE MOVIES AND SOMEBODY COMES IN WITH A
GUN, THEY WANT TO KNOW HOW TO TELL THEIR CHILDREN HOW TO ACT, HOW TO
BEHAVE, HOW TO LOOK FOR THE EXIT, HOW TO PROTECT THEMSELVES, HOW TO
HIDE THEMSELVES. IF THERE HAD BEEN THIS KIND OF TRAINING AT -- ON THE JOB
FOR SOMEONE WHO WOULD COME FROM ANOTHER COMMUNITY WITH A
HIGH-POWERED RIFLE THAT THEY CONTRIVED TO BE ABLE TO KILL AS MANY
PEOPLE AS POSSIBLE, THEN PERHAPS THERE WOULD HAVE BEEN A FEW MORE
PEOPLE WHO SURVIVED THAT.
NOW, I AM NOT SATISFIED NECESSARILY WITH THE WORLD WE
HAVE TODAY, BUT I DO HAVE TO LIVE IN IT, AND BEING PREPARED IS AN
OPPORTUNITY THAT EVERY EMPLOYER SHOULD WANT TO HAVE. THERE ARE ANY
NUMBER OF STUDENTS THAT HAPPEN ACROSS THIS COUNTRY WHERE PEOPLE ARE
AT WORK, NOT JUST AT A RETAIL PLACE, BUT THEY'RE AT WORK, AND SOMEONE
COMES IN AND HARMS A LOT OF THEM. WHAT AN OPPORTUNITY WE HAVE TO
PREPARE OURSELVES. NOW, I REMEMBER AS A PRESCHOOLER AND ELEMENTARY
SCHOOL, WE HAD TO LEARN HOW TO PREPARE OURSELVES IN CASE THE RUSSIANS
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BOMBED AMERICA. WE HAD THESE, WHAT DO YOU CALL THEM, SPECIAL TIMES
WHEN WE HAD TO FIGURE OUT HOW TO GET UNDER THE DESK, HOW TO HIDE IN
THE CLOTHES CLOSET. WE DON'T HAVE TO DO THAT ANYMORE ABOUT RUSSIANS.
NOW WE HAVE TO DO THAT ABOUT OURSELVES, AS AMERICANS, WE GOT TO
FIGURE OUT HOW TO PROTECT OURSELVES.
NOW, SINCE WHAT HAPPENED AT TOPS HAPPENED, AND ALL
CREDIT TO THE PEOPLE WHO OWN TOPS SUPERMARKET, THEY ARE PROVIDING
THIS SORT OF TRAINING FOR THEIR EMPLOYEES BECAUSE THEY DON'T KNOW WHEN
IT'S GOING TO HAPPEN AGAIN, MAYBE IT WON'T BE IN BUFFALO, MAYBE IT WILL
BE A STORE IN AMHERST OR TONAWANDA, BUT PEOPLE SHOULD UNDERSTAND
THAT THEY NEED TO BE PREPARED. AND TO SUGGEST THAT THIS IS ABOUT
PROTECTING SOMEBODY WHO STEALS SOMETHING AS OPPOSED TO BEING ABOUT
PROTECTING PEOPLE THAT GO TO WORK EVERYDAY, MUCH LIKE A POLICE OFFICER
OR ANYONE ELSE, THEY WANT TO BE ABLE TO GET OFF AND GO HOME. AND IF
THERE'S A WAY FOR THEM TO DO THAT BECAUSE THEY'RE MORE EDUCATED, WHY
WOULDN'T WE WANT TO DO THAT?
AND SO I WANT TO, YOU KNOW, COMMEND MS. REYES FOR
INTRODUCING THIS LEGISLATION AND I HOPE THAT, YOU KNOW, THE BULK OF US
WE'RE NOT TRYING TO THINK ABOUT THIS AS BEING SOMETHING WRONG, BUT
LOOK AT IT AS BEING SOMETHING RIGHT. AND NOT JUST RIGHT BECAUSE -- RIGHT
BECAUSE IT'S THE TIMES THAT WE LIVE IN. THEY'RE NOT GOING TO REVERSE
BACK TO 1960S OR '70S WHERE WE DIDN'T HAVE SO MANY PEOPLE WHO ARE
HATEFUL AND HAVE MENTAL HEALTH PROBLEMS AND ALL SORT OF THINGS. PEOPLE
NEED TO KNOW HOW TO PROTECT THEMSELVES, HOW TO BE SAFE. AND SO
THANK YOU FOR OFFERING THAT OPPORTUNITY TO RETAIL WORKERS AND, IN FACT, I
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NYS ASSEMBLY JUNE 3, 2024
THINK WE SHOULD TRY TO FIGURE OUT HOW TO EXPAND THIS TO ALL WORKERS.
EVERYBODY NEEDS TO KNOW HOW TO BE SAFE ON THEIR JOB. WE'RE SAFE
WHEN WE COME IN HERE - WELL, SORT OF, KIND OF; WE'VE GOT PROTECTION,
NOT ALL NECESSARILY CARRYING, BUT WE'RE SAFE - AND EVERYBODY SHOULD BE
SAFE WHEN THEY COME TO THEIR JOB, MR. SPEAKER, NO MATTER WHETHER THEY
WORK IN RETAIL OR WHETHER IN LAW ENFORCEMENT. THANK YOU.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
MR. MCGOWAN.
MR. MCGOWAN: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER ZEBROWSKI: WILL THE
SPONSOR YIELD?
MS. REYES: YES.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
YIELDS.
MR. MCGOWAN: THANK YOU, MA'AM. I'M JUST
TRYING TO UNDERSTAND SOME OF THE RESPONSES THAT YOU PROVIDED TO SOME
OF MY COLLEAGUES, JUST SO I UNDERSTAND, DID YOU STATE THAT ONE OF THE
THINGS, PERHAPS, THAT ESCALATES, PERHAPS CONFRONTATIONS BETWEEN
CUSTOMERS AND RETAIL WORKERS ARE ITEMS BEING LOCKED UP, BEHIND LOCK
AND KEY, FOR CUSTOMERS?
MS. REYES: YEAH.
MR. MCGOWAN: AND WHAT IS THE REASON FOR THAT,
ITEMS BEING LOCKED UP?
MS. REYES: WELL, RETAIL THEFT.
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MR. MCGOWAN: OKAY. THANK YOU, MA'AM.
ON THE BILL, SIR.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MR. MCGOWAN: I'M ALL FOR SUPPORTING OUR RETAIL
WORKERS, BUT HERE'S A GREAT WAY TO DO IT ASIDE FROM THIS BILL, WE SUPPORT
LAW ENFORCEMENT, AND WE SUPPORT THE PROSECUTION OF INDIVIDUALS WHO
STEAL FROM STORES BY ENFORCING OUR PENAL LAW, ALREADY EXISTING LAWS.
THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER ZEBROWSKI: A PARTY VOTE
HAS BEEN REQUESTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO
SUPPORT IT SHOULD VOTE YES ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD
DESIRE TO BE AN EXCEPTION, THEY SHOULD FEEL FREE TO CAST THEIR VOTE AT
SEAT. THANK YOU, SIR.
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ACTING SPEAKER ZEBROWSKI: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. STECK TO EXPLAIN HIS VOTE.
MR. STECK: THANK YOU, MR. SPEAKER. IT BEARS
NOTING THAT THE ORIGINAL STUDY THAT PROMPTED ALL THIS HYSTERIA ABOUT
RETAIL THEFT FROM THE NATIONAL RETAIL FEDERATION CLAIMING THAT
50 PERCENT OF THE DISAPPEARANCE OF STORE MERCHANDISE WAS DUE TO
ORGANIZED RETAIL CRIME TURNED OUT TO BE FRAUDULENT AND HAD TO BE
WITHDRAWN. ONE OF THE THINGS THAT'S GOING ON IN LARGE, BIG-BOX RETAIL IS
THAT THEY'RE HIRING LESS AND LESS SECURITY GUARDS BECAUSE THEY'RE FACING
STIFF COMPETITION FROM INTERNET SALES. WHEN I GO INTO MY CVS, THERE IS
ONE EMPLOYEE IN THE ENTIRE STORE TO COVER THAT -- ALL THE MERCHANDISE IN
THERE. AND BY THE TIME -- IF SOMEONE WANTS TO WALK OUT WITH
SOMETHING, BY THE TIME THE POLICE ARE CALLED, THAT THIEF IS LONG GONE.
SO THESE STORES ARE TRYING TO RELY ON THE POLICE TO DO THE IMPOSSIBLE,
AND THAT'S NOT GOOD LAW ENFORCEMENT. I VOTE IN FAVOR OF THE BILL.
THANK YOU.
ACTING SPEAKER ZEBROWSKI: MR. STECK IN
THE AFFIRMATIVE.
MS. GIGLIO TO EXPLAIN HER VOTE.
MS. GIGLIO: THANK YOU, MR. SPEAKER. WITH
RESPECT TO MY COLLEAGUES, THIS BILL IS NOT ABOUT EMERGENCY
PREPAREDNESS. I REMEMBER BEING TEN YEARS OLD IN A CLASSROOM IN
CALIFORNIA AND THEM SAYING IF THERE'S AN EARTHQUAKE, CLIMB UNDER YOUR
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DESK. THAT'S A LOT DIFFERENT THAN BEING IN A RETAIL STORE THESE DAYS
WHERE MY KIDS ARE PART-TIME, AND THEY'RE BEING TOLD IF SOMEBODY STEALS
FROM THE STORE, LET THEM GO. THIS IS WHAT WE'RE TRAINING OUR KIDS TO
THINK THAT IT'S OKAY TO STEAL, AND IT'S NOT OKAY TO STEAL. IT'S FOR ME, AS A
PARENT, TO TEACH MY CHILD IF YOU WANT SOMETHING, YOU HAVE TO PAY FOR
IT, YOU DON'T STEAL IT. AND YOU KNOW WHAT? THE BOMBING AND TERRORIST
ATTACKS, YEAH, WE SHOULD DO A BETTER JOB IN OUR SCHOOLS IN TRAINING OUR
KIDS FOR THAT, 100 PERCENT; ANTI-RACISM, ANTI-SEMITISM, THAT'S WHAT WE
SHOULD BE TRAINING OUR KIDS FOR IN THE ELEMENTARY AND HIGH SCHOOL
CLASSES. WE SHOULDN'T BE FORCING OUR SMALL BUSINESSOWNERS WHO WITH
TRANSIENT WORKERS TO HAVE TO TRAIN THEIR EMPLOYEES, WHO MAY NOT BE
THERE A WEEK LATER, TO LEARN HOW TO DEAL WITH RETAIL THEFT. AND THAT'S
WHAT THIS IS ABOUT, RETAIL THEFT. IT REALLY IS. AND YOU KNOW WHAT? WE
NEED TO ARMOR UP OUR LAW ENFORCEMENT AND TELL OUR LAW ENFORCEMENT,
IT'S OKAY. YOU KNOW WHAT? OUR LAW ENFORCEMENT HAS TO GATHER
INFORMATION AND VIDEO TAPES AND NOTES AND EVERYTHING AND SUBMIT TO
THE LOCAL DISTRICT ATTORNEY'S OFFICE WITHIN 21 DAYS ALL OF THEIR FINDINGS,
AND IF THEY MISS A STEP, THAT CRIMINAL IS LET BACK OUT ON THE STREET. AND
WE NEED TO FOCUS MORE ON CRIMINALS THAT ARE STEALING.
I DON'T REMEMBER EVER SEEING A SECURITY GUARD WHEN I
WAS VISITING A CVS. I DON'T REMEMBER EVER SEEING ANYTHING LOCKED UP
IN A WALGREENS. I DON'T REMEMBER ANY STORE HAVING A SECURITY GUARD
UNLESS IT WAS BERGDOF GOODMAN WHICH I JUST WALKED IN TO LOOK AT
OVERPRICED ITEMS THAT I COULDN'T AFFORD.
YOU KNOW, THIS IS JUST --
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ACTING SPEAKER ZEBROWSKI: MS. GIGLIO,
HOW DO YOU VOTE?
MS. GIGLIO: I VOTE IN THE NEGATIVE, THANK YOU.
ACTING SPEAKER ZEBROWSKI: MS. GIGLIO IN
THE NEGATIVE.
MS. REYES TO EXPLAIN HER VOTE.
MS. REYES: THERE'S A SAYING THAT SAYS AN OUNCE OF
PREVENTION BEATS A POUND OF CURE. I THINK IT'S VERY IMPORTANT FOR US TO
MAKE SURE THAT WE GIVE OUR WORKERS THE TOOLS TO STAY SAFE. WE TRAIN
THEM WHEN WE HIRE THEM TO USE EQUIPMENT, TO USE A CASH REGISTER. WE
TRAIN THEM ON HOW WE WANT THEM TO PERFORM IN THEIR JOB. I THINK WE
SHOULD ALSO TRAIN THEM IN HOW TO STAY SAFE IN EMERGENCY SITUATIONS.
AND THERE'S BEEN A LOT OF TALK ABOUT RETAIL THEFT AND, FOR THE RECORD, THIS
BILL DOES NOT SPEAK ABOUT RETAIL THEFT, THIS IS ABOUT WORKER SAFETY, BUT IF
WE WANT TO TALK ABOUT RETAIL THEFT, THAT REQUIRES A COMPREHENSIVE
APPROACH. AND WE STARTED DOING SOME OF THAT IN OUR BUDGET. WE
CREATED A CRIME AROUND RETAIL THEFT. WE HAVE INCREASED PENALTIES
AROUND RETAIL THEFT. THIS IS ABOUT THE WORKERS, THE PEOPLE THAT EVERY
DAY SHOW UP TO GO TO WORK, THEY WERE OUR ESSENTIAL WORKERS DURING THE
PANDEMIC, THEY ARE OUR ESSENTIAL WORKERS NOW, AND WE WANT TO MAKE
SURE THAT WE PROTECT THEM, AND WE SEND THEM THE MESSAGE THAT THEY
MATTER AS WELL. THIS IS ABOUT A WORKER THAT SHOWS UP EVERYDAY TO
MAKE SURE THAT WE CAN GO TO THE GROCERY AND THERE'S SOMEBODY THERE.
OFTENTIMES, AND WHAT WE'VE SEEN LATELY IS THAT RETAILERS, ESPECIALLY
BIG-BOX RETAILERS, HAVE PUT PROFITS OVER PEOPLE, AND THEY PUT PROFITS
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NYS ASSEMBLY JUNE 3, 2024
OVER THEIR CUSTOMERS AS WELL. YOU GO IN THERE NOW, IT'S LIKE YOU'RE THE
EMPLOYEE, YOU HAVE TO RING YOURSELF, CHECK YOURSELF OUT, WAIT FOR
SOMEBODY TO OPEN UP A CASE. THE REALITY IS THAT EVERYBODY HAS TO HAVE
SOME RESPONSIBILITY AND SOME SKIN IN THE GAME, AND THIS IS WHAT THIS IS
ABOUT. THANK YOU, MR. SPEAKER, I'LL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: MS. REYES IN
THE AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. EVERYONE IN THIS
ROOM WANTS TO DO A -- WANTS TO ENSURE THAT OUR RETAIL EMPLOYEES ARE
SAFE. WE ALL SHARE THAT OBJECTIVE. THE ONLY DIFFERENCE IS HOW WE WANT
TO ACCOMPLISH THAT. FOR MANY OF US IN THIS ROOM, WE THINK OUR RETAILER
-- RETAIL WORKERS SHOULD BE A LOT SAFER IF WE ACTUALLY TALKED ABOUT RETAIL
THEFT, IF WE ACTUALLY TALKED ABOUT SUPPORTING LAW ENFORCEMENT, IF WE
ACTUALLY TALKED ABOUT IMPOSING BAIL ON MANY OF THESE CHARGES, IF WE
ACTUALLY TALKED ABOUT ELIMINATING THE LARGEST SOURCES OF DANGER TO OUR
RETAIL EMPLOYEES.
SO WHAT DOES THIS BILL NOT TALK ABOUT? IT DOESN'T TALK
ABOUT ANY OF THOSE SUBJECTS, DOESN'T TALK ABOUT SAFETY FOR CUSTOMERS,
DOESN'T TALK ABOUT SAFETY IN OUR SCHOOLS. ALL IT DOES IS IMPOSE MORE
BURDENS ON ALL OF OUR RETAILERS AS THOUGH THEY DON'T CARE ABOUT THEIR
OWN EMPLOYEES. I FIND THAT OFFENSIVE. IN MY COMMUNITY, MY RETAILERS
CARE A GREAT DEAL ABOUT THEIR EMPLOYEES AND THEY ARE EXTRAORDINARILY
FRUSTRATED THAT THEY HAVE TO LOCK SO MANY ITEMS BEHIND THE COUNTER OR
BEHIND PLEXIGLASS PLATES BECAUSE THEY ARE UNABLE TO STOP THE RETAIL THEFT
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BECAUSE WE IN THIS CHAMBER HAVE PULLED THE RUG OUT FROM UNDERNEATH
THEM. LET'S SOLVE THE PROBLEM AND STOP BLAMING OUR INNOCENT,
HARD-WORKING, CONSCIENTIOUS, COMPASSIONATE RETAILERS WHO ARE ALREADY
DOING EVERYTHING THEY CAN TO PROTECT THEIR EMPLOYEES AND NEED OUR
HELP TO REDUCE THE VIOLENCE IN THE FIRST PLACE. I VOTE NO.
ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN
THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
NOW GO BACK TO THE A-CALENDAR TO CONTINUE OUR WORK ON CONSENTING.
WE ARE GOING TO START ON PAGE 4 RIGHT WHERE WE FINISHED AT. WE'RE
GOING TO BEGIN WITH RULES REPORT NO. 306 BY MS. KELLES.
ACTING SPEAKER ZEBROWSKI: PAGE 4, RULES
REPORT NO. 306, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03299-E, RULES
REPORT NO. 306, KELLES, L. ROSENTHAL, THIELE, SIMONE, COLTON, OTIS,
SILLITTI, SLATER. AN ACT IN RELATION TO ENACTING THE "NEW YORK OPEN
WATER DATA ACT."
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. KELLES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03686, RULES REPORT
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NYS ASSEMBLY JUNE 3, 2024
NO. 307, ZEBROWSKI. AN ACT TO AMEND THE NOT-FOR-PROFIT CORPORATION
LAW, IN RELATION TO CEMETERY TRUST FUNDS AND THE MAINTENANCE AND
PRESERVATION OF CEMETERY GROUNDS.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. ZEBROWSKI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A03780-E, RULES
REPORT NO. 308, FAHY, JACKSON, DICKENS, THIELE, SEAWRIGHT, BURDICK,
SIMON, STECK, WOERNER, K. BROWN, CLARK, L. ROSENTHAL, OTIS, EPSTEIN,
DINOWITZ, MCDONALD, SIMONE, RAGA, PAULIN, COLTON. AN ACT TO AMEND
THE EXECUTIVE LAW, IN RELATION TO REQUIRING NEW CONSTRUCTION THAT
INCLUDES DEDICATED OFF-STREET PARKING TO PROVIDE ELECTRIC VEHICLE
CHARGING STATIONS AND ELECTRIC VEHICLE READY PARKING SPACES.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. FAHY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04219, RULES REPORT
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NYS ASSEMBLY JUNE 3, 2024
NO. 309, RIVERA, SAYEGH. AN ACT TO DIRECT THE NEW YORK STATE
DEPARTMENT OF HEALTH TO CONDUCT A STUDY ON THE INCIDENCES OF CANCER
CLUSTERS IN CITIES AND TOWNS HAVING A POPULATION OF MORE THAN 90,000.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. JENSEN TO EXPLAIN HIS VOTE.
MR. JENSEN: THANK YOU VERY KINDLY, MR. SPEAKER,
TO EXPLAIN MY VOTE. I BELIEVE THIS IS AN IMPORTANT PIECE OF LEGISLATION,
ALTHOUGH I DO HAVE CONCERNS WITH THE LIMIT OF 90,000 PEOPLE AS WHAT
TRIGGERS THE DEPARTMENT OF HEALTH TO CONDUCT A CANCER CLUSTER STUDY.
CERTAINLY, WE HAVE A LOT OF SMALL COMMUNITIES ACROSS THE STATE WHERE
MANUFACTURING WAS THE PRIMARY DRIVER OF THAT SMALL COMMUNITY'S
ECONOMY, AND THEIR POPULATION MAY BE BELOW 90,000, BUT MAY STILL
EXHIBIT MANY OF THE CHARACTERISTICS THAT WOULD TRIGGER THE STUDY IN A
LARGER COMMUNITY. AT THE SAME TIME, I ALSO HAVE CONCERNS THAT WE
COULD LOOK AT OUR COMMUNITIES ON LONG ISLAND AND -- WHERE WE MAY
HAVE LARGE TOWNS OF HUNDREDS OF THOUSANDS OF PEOPLE WHERE THERE MAY
BE SMALL VILLAGES WHERE IT IS STATISTICALLY SIGNIFICANT FOR RESEARCH, BUT
BECAUSE YOU'RE LOOKING AT IT IN THE CONTEXT OF THE LARGER MUNICIPALITY, IT
MAY NOT RISE TO THE LEVEL WHERE DOH WOULD COME IN AND CONDUCT THAT
STUDY. SO CERTAINLY WHILE I AM SUPPORTIVE OF THE LEGISLATION AND VOTING
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NYS ASSEMBLY JUNE 3, 2024
FOR IT, I THINK IT'S WORTH LOOKING AT FUTURE AMENDMENTS, EITHER A CHAPTER
AMENDMENT OR ADDITIONAL CHAPTER TO MAYBE LOOK AT THE POPULATION
THRESHOLD THAT'S CONTAINED IN THE BILL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER ZEBROWSKI: MR. JENSEN IN
THE AFFIRMATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I THINK THIS IS A, A
PERHAPS, VERY CRITICAL BILL THAT'S BEEN INTRODUCED AND SUPPORTED HERE. I
CAN ONLY RECALL A FEW YEARS AGO WHEN THE HEALTH DEPARTMENT DID DO A --
DID DO A CANCER CLUSTER STUDY AND, IN FACT, IN THAT STUDY IT WAS
DETERMINED THAT AT LEAST TWO ZIP CODES IN MY DISTRICT, AS WELL AS ONE IN
AN ADJOINING DISTRICT, CHEEKTOWAGA, WAS IN A CANCER AREA WHERE THERE
WAS A LOT OF CANCER AND THEY SPENT A LOT OF TIME TALKING TO OUR
COMMUNITY ABOUT WELLNESS ISSUES AND HOW TO CORRECT SOME OF THESE
THINGS. AND SO IF THERE'S A COMMUNITY OF THIS SIZE THAT'S BEEN
RECOMMENDED HERE THAT WAS NOT INCLUDED IN THAT STUDY, IT SHOULD BE.
AND SO I WANT TO COMMEND THE SPONSOR FOR THIS LEGISLATION, AND AM
CERTAINLY PLEASED TO VOTE IN FAVOR OF IT.
ACTING SPEAKER ZEBROWSKI: MRS.
PEOPLE-STOKES IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04983-D, RULES
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NYS ASSEMBLY JUNE 3, 2024
REPORT NO. 310, L. ROSENTHAL, CUNNINGHAM, REYES, DINOWITZ, SIMON,
TAPIA, SHIMSKY, FAHY, BICHOTTE HERMELYN, EPSTEIN, BURDICK,
MCDONALD, BRAUNSTEIN, SEAWRIGHT, LUCAS, STIRPE, AUBRY, GLICK, KIM,
DILAN, TAYLOR, SEPTIMO, GONZÁLEZ-ROJAS, LEVENBERG, MITAYNES,
ARDILA, THIELE, RAMOS, OTIS. AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO PROVIDING FOR THE PROTECTION OF HEALTH INFORMATION.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05794-C, RULES
REPORT NO. 311, MCDONOUGH. AN ACT AUTHORIZING THE SEAFORD FIRE
DISTRICT TO RECEIVE RETROACTIVE REAL PROPERTY TAX EXEMPT STATUS.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. MCDONOUGH, 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 ZEBROWSKI: 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. A06219-B, RULES
REPORT NO. 312, GONZÁLEZ-ROJAS, MAMDANI, RAGA, GALLAGHER, GLICK,
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NYS ASSEMBLY JUNE 3, 2024
SILLITTI, SIMON, BURDICK, FORREST, SEAWRIGHT, FALL, SHIMSKY, LEVENBERG,
SAYEGH, BICHOTTE HERMELYN, CLARK, SIMONE, SHRESTHA, KELLES, CARROLL,
LEE. L. ROSENTHAL, HEVESI, CRUZ. AN ACT TO AMEND THE EXECUTIVE
LAW, IN RELATION TO THE COLLECTION OF CERTAIN DEMOGRAPHIC INFORMATION
BY CERTAIN STATE AGENCIES, BOARDS, DEPARTMENTS AND COMMISSIONS.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. GONZÁLEZ-ROJAS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE
BILL IS ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06244-C, RULES
REPORT NO. 313, STERN, LAVINE. AN ACT TO AMEND THE PARKS, RECREATION
AND HISTORIC PRESERVATION LAW, IN RELATION TO ALLOWING THE PRESENCE OF
DOGS IN STATE PARKS.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER, TO EXPLAIN MY
VOTE BRIEFLY. I BELIEVE THE SPONSOR IS TRYING TO CREATE A CIRCUMSTANCE
WHERE THERE WOULD BE MORE REGULARITY THROUGHOUT THE PARK SYSTEM IN
REGARD TO WHETHER OR NOT DOGS COULD BE PRESENT OR NOT. AND IT DOES
HAVE SOME GUARDRAILS THAT ALLOW THE COMMISSIONER TO DO THAT, BUT ALSO
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NYS ASSEMBLY JUNE 3, 2024
IT SEEMS TO START OFF BY SAYING DOGS WILL BE ALLOWED IN ALL STATE PARKS
WITH THESE PROVISIONS, AND IT IS CONCERNING TO SOME OF US WHO ARE
CONCERNED ABOUT THE SAFETY OF THE ENVIRONMENT, THE UNDERBRUSH AND THE
LIKE, WHERE YOU'RE JUST NOT GOING TO HAVE A PARK PERSONNEL AVAILABLE AT
ALL TIMES. SO WHILE I APPRECIATE THE EFFORT, PERHAPS ON A COUNTY EFFORT
-- ON A COUNTY BASIS IT WORKS WELL. I'M CONCERNED ABOUT THE VASTNESS OF
THE STATE PARKS AND WILL BE WITHDRAWING MY REQUEST AND VOTING IN THE
NEGATIVE.
ACTING SPEAKER ZEBROWSKI: MS. GLICK IN
THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06310-A, RULES
REPORT NO. 314, K. BROWN, TAYLOR. AN ACT RELATING TO ESTABLISHING THE
POWER PLANT TAX ASSESSMENT CHALLENGE RESERVE FUND.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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.
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NYS ASSEMBLY JUNE 3, 2024
THE CLERK: ASSEMBLY NO. A06342-A, RULES
REPORT NO. 315, PHEFFER AMATO, ZEBROWSKI, AUBRY, JONES, BURKE,
COLTON. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN
RELATION TO THE DISABILITY RETIREMENT FOR SAFETY AND SECURITY OFFICERS.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A06494-A, RULES
REPORT NO. 316, FAHY. AN ACT TO AMEND THE STATE FINANCE LAW, IN
RELATION TO ALLOWING FOR THE DONATION OF PERSONAL PROPERTY OF THE STATE
TO CERTAIN NOT-FOR-PROFIT ORGANIZATIONS.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY JUNE 3, 2024
MR. GOODELL: THANK YOU, SIR. AS IS OFTEN THE
CASE LATE AT NIGHT WE HAVE A GREAT TITLE ALLOWING THE STATE TO DONATE
PERSONAL PROPERTY THAT THE STATE NO LONGER WANTS TO NOT-FOR-PROFIT
ORGANIZATIONS. THERE'S A COUPLE OF NAGGING ISSUES ABOUT THIS BILL.
FIRST, WHICH NOT-FOR-PROFIT GETS IT? DOES IT GO OUT RANDOMLY OR THE
FAVORS OF THE HEAD OF THE AGENCY? I MEAN WHAT IS THE PROCESS FOR
GIVING AWAY STATE PROPERTY? ON A LEGAL ISSUE, ARTICLE VIII, SECTION 1
OF THE NEW YORK STATE CONSTITUTION PROHIBITS THE STATE FROM MAKING A
GIFT OF PUBLIC PROPERTY. IT MAY NOT BE WORTH ANYTHING TO US, BUT THAT
DOESN'T MEAN WE CAN GIVE IT AWAY WHEN IT STILL HAS A MARKET VALUE. SO
WHILE I ALONG WITH EVERYBODY ELSE WANTS TO DO WHAT WE CAN TO SUPPORT
OUR NOT-FOR-PROFITS, SIMPLY SAYING THE STATE CAN GIVE AWAY STATE
PROPERTY THAT SOME BUREAUCRAT IN THE STATE NO LONGER WANTS TO SOME
UNIDENTIFIED NOT-FOR-PROFIT THAT THAT BUREAUCRAT OR DIVISION HAD OR
SOMEBODY ELSE WANTS TO GIVE AWAY, IT REALLY NEEDS TO BE TIGHTENED UP.
AND SO, YOU KNOW, THE FEDERAL GOVERNMENT, THEY HAVE A SURPLUS
PROPERTY LIST FOR MILITARY EQUIPMENT, PEOPLE APPLY, THEIR APPLICATIONS
ARE EVALUATED. THE MOST RESPONSIBLE APPLICANT CAN BUY THE PROPERTY
FOR THE FAIR MARKET VALUE, THAT'S THE PROCESS WE SHOULD APPLY AND NOT
SIMPLY GIVE IT AWAY RANDOMLY. FOR THAT REASON I CAN'T SUPPORT IT.
ALTHOUGH OUT OF MY OWN POCKET I SUPPORT A LOT OF NOT-FOR-PROFITS AND
I'M SURE IF PROPERLY STRUCTURED THIS COULD BE VERY BENEFICIAL. THANK
YOU, SIR.
ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN
THE NEGATIVE.
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NYS ASSEMBLY JUNE 3, 2024
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06821, RULES REPORT
NO. 317, LUPARDO, OTIS. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO AUTHORIZING THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION TO ENTER INTO CONTRACTS FOR MAPLE TREE
TAPPING AND SAP PRODUCTION ON STATE LANDS FOR A DURATION OF UP TO TEN
YEARS.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A07081-B, RULES
REPORT NO. 318, MAGNARELLI. AN ACT TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO THE BOARD OF DIRECTORS OF THE CENTRAL NEW YORK
REGIONAL MARKET AUTHORITY.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. MAGNARELLI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
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NYS ASSEMBLY JUNE 3, 2024
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A07369, RULES REPORT
NO. 319, MCDONALD, COLTON, SAYEGH. AN ACT TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO THE PROVISION OF SERVICES TO CERTAIN
PERSONS SUFFERING FROM TRAUMATIC BRAIN INJURIES OR QUALIFYING FOR
NURSING HOME DIVERSION AND TRANSITION SERVICES.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. MCDONALD, 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 ZEBROWSKI: 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. A07547-B, RULES
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NYS ASSEMBLY JUNE 3, 2024
REPORT NO. 320, SILLITTI, SANTABARBARA, COLTON. AN ACT TO AMEND THE
RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO AUTHORIZING CERTAIN
PERSONS IN AN OPTION TWENTY YEAR RETIREMENT PLAN TO RECEIVE CREDIT FOR
PREVIOUS SERVICE AS A STATE UNIVERSITY POLICE OFFICER, A REGIONAL STATE
PARK POLICE OFFICER OR A DETECTIVE INVESTIGATOR FOR THE OFFICE OF THE
ATTORNEY GENERAL.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. SILLITTI TO EXPLAIN HER VOTE.
MS. STILLITTI: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. STATE UNIVERSITY POLICE OFFICERS,
STATE PARK POLICE OFFICERS AND SPECIAL INVESTIGATORS OF THE ATTORNEY
GENERAL'S OFFICE GO THROUGH THE SAME AMOUNT OF LAW ENFORCEMENT
TRAINING AND PERFORM MANY OF THE SAME POLICE TASKS AS THEIR
COUNTERPART OFFICERS IN CITY, COUNTY, TOWN AND VILLAGE POLICE OFFICERS.
OFTENTIMES THEY'RE RESPONDING TO THE SAME CALLS. THE TIME THEY EARNED
IN THE RETIREMENT SYSTEM SHOULD BE RECOGNIZED AS CREDIBLE SERVICE IN
THEIR NEW POLICE PENSION PLANS IF THEY TRANSFER TO ONE OF THOSE POLICE
FORCES. THEY PERFORM A DANGEROUS JOB AND THEIR PENSION CREDITS ARE
WELL-EARNED AND SHOULD BE CREDITED. I BELIEVE THIS BILL WILL ALSO BENEFIT
POLICE DEPARTMENTS SUCH AS MY HOME COUNTY IN NASSAU FOR THEM TO
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NYS ASSEMBLY JUNE 3, 2024
RECRUIT AND RETAIN MEMBERS FROM STATE AGENCIES AND HELP TO CONTINUE
TO GROW OUR LOCAL POLICE FORCES. I VOTE IN THE AFFIRMATIVE AND I
ENCOURAGE MY COLLEAGUES TO DO THE SAME.
ACTING SPEAKER ZEBROWSKI: MS. SILLITTI IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07563-B, RULES
REPORT NO. 321, PHEFFER AMATO, SHIMSKY, SILLITTI, DURSO, JONES,
ARDILA, WEPRIN, HEVESI, COLTON, AUBRY, REILLY, DESTEFANO, SIMON,
BICHOTTE HERMELYN, KIM, BERGER, SIMONE, DAVILA, SEPTIMO, TAYLOR.
AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION
TO DEATH BENEFITS FOR ACTIVE NEW YORK CITY TRANSIT AUTHORITY MEMBERS.
ACTING SPEAKER ZEBROWSKI: HOME RULE
MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A07686-A, RULES
REPORT NO. 322, BORES, SEAWRIGHT, SIMON, GIBBS, DILAN, MCDONALD,
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NYS ASSEMBLY JUNE 3, 2024
TAPIA, EPSTEIN, DE LOS SANTOS, LEE, OTIS, BERGER, MEEKS, LEVENBERG,
CUNNINGHAM, SIMONE, BURGOS. AN ACT TO AMEND THE MILITARY LAW AND
THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION
TO AUTHORIZING THE USE OF ARMORIES BY LEGACY CADET CORPS PROGRAMS.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. BORES, 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 ZEBROWSKI: 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. A07717-B, RULES
REPORT NO. 323, WALLACE. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND
RULES, IN RELATION TO EXTREME RISK PROTECTION ORDERS.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. GIGLIO TO EXPLAIN HER VOTE.
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NYS ASSEMBLY JUNE 3, 2024
MS. GIGLIO: THANK YOU, MR. SPEAKER. AND I REALLY
WANT TO THANK THE SPONSOR FOR THIS BILL. BECAUSE YOU KNOW WHAT?
EMERGENCY RISK PROTECTION OFFICERS ARE WHAT THEY ARE, AND YOU KNOW
WHAT? STATE POLICE AND POLICE OFFICERS THAT ARE -- HAVE TO SIGN AS THE
PETITIONERS, ARE FACED WITH CIVIL ACTION SUITS, LIENS AGAINST MORTGAGES
THAT THEY'RE TRYING TO APPLY FOR AND CREDIT BILLS, EVERYTHING. IT'S A LIEN
AGAINST THEM AS PETITIONER IN THIS CIVIL ACTION. SO I REALLY WANT TO THANK
THE PETITIONER BECAUSE YOU KNOW WHAT? JUST BECAUSE LAW ENFORCEMENT
IS FORCED TO ENFORCE THESE ERPA LAWS, THEY SHOULDN'T BE SUBJECT TO
SCRUTINY IN THEIR CREDIT RATINGS AND EVERYTHING ELSE. SO THANK YOU TO
THE SPONSOR. THANK YOU, MR. SPEAKER. I'LL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: MISS GIGLIO IN
THE AFFIRMATIVE.
MS. WALLACE TO EXPLAIN HER VOTE.
MS. WALLACE: THANK YOU, MR. SPEAKER, FOR
GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. THIS LEGISLATION
PROVIDES A TECHNICAL AMENDMENT TO THE EXTREME RISK PROTECTION ORDER
LAW ALSO KNOW AS THE ERPA LAW OR THE RED FLAG LAW, TO ALLOW A
PETITION TO BE BROUGHT NOT ONLY IN THE NAME OF THE POLICE OFFICER WHICH
IS THE CASE NOW, BUT ALLOWED TO BE BROUGHT IN THE NAME OF THE POLICE
AGENCY. IT DOESN'T CHANGE ANY OF THE TECHNICAL REQUIREMENTS UNDER THE
ERPA LAW. INSTEAD, IT WAS INTRODUCED AT THE REQUEST OF THE POLICE
OFFICERS BECAUSE IN FILING THESE PETITIONS THEY'RE FINDING THAT MANY OF
THEM HAVE THEIR NAMES THEN MENTIONED IN CIVIL ACTIONS WHICH HAS AT
TIMES ADVERSELY IMPACTED THEIR CREDIT RATING. SO AGAIN, THIS IS A MINOR
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NYS ASSEMBLY JUNE 3, 2024
AMENDMENT THAT ALLOWS THE POLICE AGENCY TO BE NAMED AS THE
PETITIONER IN LIEU OF THE POLICE OFFICER. THIS BILL IS GOOD FOR POLICE
OFFICERS BECAUSE IT HELPS PROTECT THEIR CREDIT RATINGS. AND SINCE WE
KNOW THAT EXTREME RISK PROTECTION ORDERS OR RED FLAG LAWS SAVE
LIVES, THIS BILL IS ALSO -- PROTECTS THE PUBLIC.
SO THANK YOU VERY MUCH, MR. SPEAKER, AND I WILL BE
VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: MS. WALLACE IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07725, RULES REPORT
NO. 324, PAULIN, SAYEGH. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO ALLOWING PHYSICIAN ASSISTANTS TO SERVE AS PRIMARY CARE
PRACTITIONERS FOR PURPOSES OF MEDICAID MANAGED CARE PLANS.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08190-A, RULES
REPORT NO. 325, MAGNARELLI. AN ACT DIRECTING THE COMMISSIONER OF
MOTOR VEHICLES TO CONDUCT A STUDY OF OFFICIAL INSPECTION STATIONS,
SAFETY INSPECTIONS AND FEES.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
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NYS ASSEMBLY JUNE 3, 2024
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER ZEBROWSKI: 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. A08333-A, RULES
REPORT NO. 326, BORES, GLICK, EPSTEIN, SHIMSKY, LEVENBERG, PAULIN,
SIMON, GONZÁLEZ-ROJAS. AN ACT TO AMEND THE EXECUTIVE LAW, IN
RELATION TO DEFINING PERSONALIZED HANDGUNS AND REQUIRING THE DIVISION
OF CRIMINAL JUSTICE SERVICES TO CERTIFY THE TECHNOLOGICAL VIABILITY OF
PERSONALIZED HANDGUNS AND TO ESTABLISH REQUIREMENTS RELATED TO THE
SALE OF PERSONALIZED HANDGUNS.
ACTING SPEAKER ZEBROWSKI: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A08346-A, RULES
REPORT NO. 327, FAHY, TAYLOR, DICKENS, GONZÁLEZ-ROJAS, LEVENBERG,
SIMON, SAYEGH, CLARK, BUTTENSCHON, BICHOTTE, HERMELYN, WALLACE.
AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO ESTABLISHING
EXPERIENTIAL LEARNING OPPORTUNITIES IN THE STATE UNIVERSITY OF NEW
YORK AND THE CITY UNIVERSITY OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
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NYS ASSEMBLY JUNE 3, 2024
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. FAHY TO EXPLAIN HER VOTE.
MS. FAHY: THANK YOU, MR. SPEAKER. THIS IS A BILL
I'VE ACTUALLY TALKED ABOUT FOR A NUMBER OF YEARS, AND WHILE IT IS A BILL TO
REQUIRE A PLAN FROM SUNY AND CUNY ON HOW TO IMPLEMENT
EXPERIENTIAL LEARNING INTERNSHIPS AND OTHER TYPES OF OPPORTUNITIES FOR
STUDENTS BEFORE THEY GRADUATE, IN MANY WAYS THIS BILL IS INTENDED AS A
STAY-IN-NEW YORK BILL BECAUSE WE KNOW THAT 72, ROUGHLY 72 PERCENT OF
STUDENTS WHO HAVE AN INTERNSHIP ARE OFFERED A JOB AT THAT COMPANY OR A
RELATED COMPANY. SO INTERNSHIPS TRULY MATTER. IT'S ONE OF THE STRONGEST
CORRELATIONS FOR STUDENTS RECEIVING JOBS UPON GRADUATION AND USUALLY
THOSE JOBS ARE RIGHT IN A SIMILAR LOCALITY TO WHERE THEIR COLLEGE IS HERE
IN NEW YORK. SO IT'S ONE OF THE MOST EFFECTIVE JOBS TO MAKING SURE
THAT WE EDUCATE OUR STUDENTS IN OUR HIGHER EDUCATION INSTITUTIONS AND
HANG ON TO THEM. SO WHILE THIS BILL IS A PLANNING DOCUMENT THAT HAS TO
BE IN PLACE A YEAR FROM NOW IN THE NEXT ACADEMIC YEAR, IT I HOPE WILL
LEAD TO MORE SUCCESS WITH JOBS FOR OUR COLLEGE STUDENTS, AS WELL AS
MORE RETENTION OF THOSE COLLEGE STUDENTS HERE IN NEW YORK AND WITH
THAT I VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER ZEBROWSKI: MS. FAHY IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 3, 2024
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08391-A, RULES
REPORT NO. 328, ZEBROWSKI. AN ACT TO AMEND THE TAX LAW, IN RELATION
TO AUTHORIZING THE TOWN OF CLARKSTOWN TO IMPOSE A HOTEL AND MOTEL
TAX; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION
THEREOF.
ACTING SPEAKER ZEBROWSKI: HOME RULE
MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A08582-A, RULES
REPORT NO. 329 IS ON BY ERROR.
THE CLERK: ASSEMBLY NO. A08842-A, RULES
REPORT NO. 330, SHIMSKY. AN ACT TO AMEND 624 [SIC] OF THE LAWS OF
1940 INCORPORATING THE VOLUNTEER AND EXEMPT FIREMEN'S BENEVOLENT
ASSOCIATION OF VALHALLA, NEW YORK, AND PROVIDING FOR ITS POWERS AND
DUTIES, IN RELATION TO THE NAME AND PURPOSE OF SUCH ASSOCIATION AND THE
USE OF FOREIGN FIRE INSURANCE PREMIUM TAXES.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
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NYS ASSEMBLY JUNE 3, 2024
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A08846-A, RULES
REPORT NO. 331, HEVESI, CRUZ, SIMON, GUNTHER, OTIS, DARLING, MAHER,
LUNSFORD. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO
REQUIRING MAINTAINED RECORDS FOR CERTAIN CHILDREN TO INCLUDE WHETHER
THEY HAVE A DEVELOPMENTAL DISABILITY; AND CONDUCTING A STUDY ON THE
NUMBER OF CHILDREN IN FOSTER CARE WHO HAVE A DEVELOPMENTAL DISABILITY.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. HEVESI, 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 ZEBROWSKI: 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.
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NYS ASSEMBLY JUNE 3, 2024
THE CLERK: ASSEMBLY NO. A08872-A, RULES
REPORT NO. 332, SAYEGH. AN ACT TO AMEND THE GENERAL BUSINESS LAW,
IN RELATION TO NOTIFICATION OF A DATA BREACH.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. SAYEGH, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08878-A, RULES
REPORT NO. 333, HEVESI, LUNSFORD, ZINERMAN, BRONSON, ROZIC,
GONZÁLEZ-ROJAS, CURRAN, SIMON, LEVENBERG, DAVILA, CLARK, COLTON.
AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO CHILD CARE
ASSISTANCE UNDER THE CHILD CARE BLOCK GRANT.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. HEVESI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08913, RULES REPORT
NO. 334, EPSTEIN, BURDICK, WOERNER, DE LOS SANTOS, REYES. AN ACT TO
AMEND THE FINANCIAL SERVICES LAW, IN RELATION TO CREATING A PRIVATE
EDUCATION DEBT REGISTRY.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. EPSTEIN TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY JUNE 3, 2024
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. RIGHT NOW PRIVATE EDUCATION DEBT BETWEEN
INSTITUTIONS IN STUDENTS IS NOT REGULATED, SO THERE'S A LACK OF OVERSIGHT TO
MAKE SURE THAT THE STUDENTS' RIGHTS ARE PROTECTED. WE SEE THIS PRIVATE
DEBT HAPPENING IN A LOT OF SITUATIONS WHERE PEOPLE ARE IN THE MOST
NEEDED SITUATION. IT'S REALLY IMPORTANT THAT GOVERNMENT OVERSIGHT TO
THESE STUDENTS TO MAKE SURE THAT THEY'RE PROTECTED. I'LL BE VOTING IN
FAVOR OF THIS BILL AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.
ACTING SPEAKER ZEBROWSKI: MR. EPSTEIN IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08919-A, RULES
REPORT NO. 335, SOLAGES. AN ACT TO AMEND THE REAL PROPERTY TAX
LAW, IN RELATION TO REQUIRING CERTAIN DISCLOSURES AND CHARGES BY
ATTORNEYS PERFORMING SERVICES IN CONNECTION WITH A REAL PROPERTY TAX
GRIEVANCE PROCEDURE.
ACTING SPEAKER ZEBROWSKI: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A08946, RULES REPORT
NO. 336, J.M. GIGLIO. AN ACT IN RELATION TO AUTHORIZING THE CITY OF
OLEAN ASSESSOR TO ACCEPT AN APPLICATION FOR A REAL PROPERTY TAX
EXEMPTION FROM OLEAN COMMUNITY THEATRE, INC.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
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NYS ASSEMBLY JUNE 3, 2024
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A08960-B, RULES
REPORT NO. 337, SHIMSKY. AN ACT TO AMEND THE VEHICLE AND TRAFFIC
LAW, IN RELATION TO ADJUDICATIONS AND OWNER LIABILITY FOR A VIOLATION OF
TRAFFIC-CONTROL SIGNAL INDICATIONS IN THE TOWN OF GREENBURGH; TO AMEND
THE PUBLIC OFFICERS LAW, IN RELATION TO ACCESSING RECORDS; AND
PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIATION THEREOF.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. SHIMSKY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY JUNE 3, 2024
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08998-B, RULES
REPORT NO. 338, TAPIA, STIRPE, HEVESI, EPSTEIN, RAGA, MAHER, BURGOS,
SEPTIMO, SHRESTHA. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
ENACTING THE "SCHOOLS IMPACTED BY GROSS HIGHWAYS (SIGH) ACT"
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. TAPIA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09062-B, RULES
REPORT NO. 339, MAGNARELLI, GLICK, GUNTHER, LAVINE, THIELE, BURDICK,
WEPRIN, EPSTEIN, SANTABARBARA, DAVILA, LEVENBERG, STECK, BURGOS,
ARDILA. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
PROHIBITING MOTOR VEHICLE MANUFACTURERS AND DEALERS FROM CHARGING A
SUBSCRIPTION FEE FOR CERTAIN FUNCTIONS OF A MOTOR VEHICLE AFTER THE
VEHICLE IS SOLD.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER ZEBROWSKI: 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.
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NYS ASSEMBLY JUNE 3, 2024
THE CLERK: ASSEMBLY NO. A09084, RULES REPORT
NO. 340, JONES. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY
LAW, IN RELATION TO ALLOWING BENEFICIARIES OF CERTAIN DECEASED
MEMBERS TO ELECT TO RECEIVE DEATH BENEFITS IN A LUMP SUM.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A09099, RULES REPORT
NO. 341, ANDERSON, DAVILA, ARDILA, WEPRIN, BICHOTTE HERMELYN,
CHANDLER-WATERMAN, STECK, OTIS, BURDICK, SHRESTHA, HYNDMAN,
FITZPATRICK, COLTON, SEAWRIGHT, ZINERMAN, DAIS, TAYLOR. AN ACT TO
AMEND THE INSURANCE LAW, IN RELATION TO ESTABLISHING A CAPTIVE
INSURANCE PROGRAM FOR COMMUTER VANS, BLACK CARS, AMBULETTES AND
PARATRANSIT VEHICLES, AND SMALL SCHOOL BUSES.
ACTING SPEAKER ZEBROWSKI: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A09102-C, RULES
REPORT NO. 342, KELLES, MCDONALD, LUCAS, GUNTHER, HEVESI, THIELE,
BUTTENSCHON, LAVINE, CLARK, DICKENS, BURDICK, MEEKS, FAHY, EPSTEIN,
191
NYS ASSEMBLY JUNE 3, 2024
STIRPE, BARRETT, LEVENBERG, WOERNER, BURKE, JONES, MANKTELOW,
LUNSFORD, RA, SILLITTI, J.M. GIGLIO, OTIS, LUPARDO, SHIMSKY, BENDETT,
DAVILA, SAYEGH, GRAY, SEAWRIGHT, PALMESANO. AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO MEDICAID REIMBURSEMENT FOR
TREATMENT IN PLACE AND TRANSPORTATION TO ALTERNATIVE HEALTH CARE SETTINGS
BY AMBULANCE SERVICES.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. KELLES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT OCTOBER 1ST.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. KELLES TO EXPLAIN HER VOTE.
MS. KELLES: I JUST WANTED TO THANK EVERYONE FOR
SUPPORTING THIS BILL, IT'S AN INCREDIBLY IMPORTANT BILL. IT'S ONE OF THE
MOST IMPORTANT BILLS THAT WE HAVE DONE I THINK IN MANY, MANY YEARS TO
SUPPORT OUR EMS PROVIDERS. I WANTED TO POINT OUT A LITTLE BIT ABOUT
WHAT THIS DOES, BUT ONE OF THE MOST IMPORTANT PIECES IS THAT RIGHT NOW
EMS SERVICE PROVIDERS, ABOUT 40 PERCENT OF THEIR SERVICE IS TREATMENT
IN PLACE, BUT CURRENTLY THEY DO NOT GET REIMBURSED FOR ANY OF THOSE
VISITS. SO 40 PERCENT OF THE ACTIONS THAT THEY TAKE THEY DO NOT GET
REIMBURSED FOR AS ONE. THERE'S ANOTHER SITUATION WHERE THEY CAN BRING
THE PERSON TO A HOSPITAL BUT IF THE ER IS FULL, THEY WILL LITERALLY BE STUCK
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NYS ASSEMBLY JUNE 3, 2024
OUTSIDE THAT HOSPITAL WITH THAT PERSON INSIDE -- THAT PATIENT INSIDE, NOT
ABLE TO GET SERVICE FOR SOMETIMES UP TO HOURS AND THIS BILL WILL ALLOW
THEM TO BRING AN INDIVIDUAL, A PATIENT TO AN ALTERNATE DESTINATION IF THAT
IS APPROPRIATE OR DEEMED APPROPRIATE. SO AN EXTREMELY IMPORTANT BILL
BOTH FOR, YOU KNOW, HELPING CREATE AN EMS SERVICE THAT IS FULLY
FUNDED. AND SECONDLY, THAT PEOPLE GET TREATED IN A TIMELY MANNER. SO
AGAIN, I WANT TO THANK EVERYBODY FOR SUPPORTING THIS, AN EXCEPTIONALLY
IMPORTANT BILL THAT ALL EMS SERVICE PROVIDERS ACROSS THE ENTIRE STATE
HAVE SUPPORTED AND DONE OUTREACH FOR THIS BILL AND CHAMPIONED. AND
AGAIN, I SUPPORT THIS BILL AND THANK YOU EVERYONE.
ACTING SPEAKER ZEBROWSKI: MS. KELLES IN
THE AFFIRMATIVE.
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MR. SPEAKER. JUST VERY
BRIEFLY, I DO WANT TO THANK THE SPONSOR FOR THIS PIECE OF LEGISLATION, IT IS
VERY IMPORTANT AND IT'S SOMETHING THAT I KNOW THAT MANY OF US HAVE
BEEN HEARING ABOUT THIS FOR SEVERAL YEARS FROM OUR EMERGENCY SERVICES
PROFESSIONALS AND IT'S GREAT TO SEE THAT THIS IS GETTING FIXED. I KNOW THAT
THEY'RE GOING TO BE SOME VERY HAPPY PEOPLE IN MY DISTRICT BECAUSE OF IT
SO I JUST WANTED TO THANK THE SPONSOR. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: MS. WALSH IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 3, 2024
THE CLERK: ASSEMBLY NO. A09277-A, RULES
REPORT NO. 343, SIMPSON. AN ACT TO AMEND THE TAX LAW, IN RELATION
TO EXPENDITURES FOR ESSEX COUNTY CORRECTIONAL AND PUBLIC SAFETY
FACILITIES PROJECTS; AND TO AMEND CHAPTER 327 OF THE LAWS OF 2006
AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF ESSEX TO
IMPOSE AN ADDITIONAL MORTGAGE RECORDING TAX, IN RELATION TO EXTENDING
THE EFFECTIVENESS THEREOF.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. SIMPSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: 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. A09330-A, RULES
REPORT NO. 344, BURDICK, WOERNER. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO INDIVIDUAL SEWAGE DISPOSAL SYSTEM
DISCLOSURES; AND TO AMEND THE REAL PROPERTY LAW, IN RELATION TO
PROVIDING INFORMATION ON SEPTIC SYSTEM OPERATION AND MAINTENANCE ON
THE PROPERTY CONDITION DISCLOSURE STATEMENT
ACTING SPEAKER ZEBROWSKI: THE BILL IS LAID
194
NYS ASSEMBLY JUNE 3, 2024
ASIDE.
THE CLERK: ASSEMBLY NO. A09354-B, RULES
REPORT NO. 345, SIMONE, L. ROSENTHAL, GONZÁLEZ-ROJAS, SHIMSKY,
ARDILA, SEAWRIGHT, HEVESI, CUNNINGHAM, DE LOS SANTOS, GALLAGHER,
GLICK, ZACCARO, TAYLOR, O'DONNELL, LUCAS, K. BROWN, LEVENBERG,
KELLES, BURDICK, JACKSON, EPSTEIN, LEE. AN ACT TO AMEND THE PUBLIC
HOUSING LAW, IN RELATION TO REQUIRING THE COMMISSIONER OF HOUSING
AND COMMUNITY RENEWAL TO DEVELOP A COMMON APPLICATION AND WEB
PORTAL FOR CERTAIN FUNDING, TAX CREDIT LOANS, AND GRANTS FOR HOUSING
DEVELOPMENT.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. SIMONE TO EXPLAIN HIS VOTE.
MR. SIMONE: TO GET APPROVED TO BUILD AFFORDABLE
HOUSING IN NEW YORK CAN GET EXTREMELY COMPLICATED. THERE'S NO
SHORTAGE OF FORMS, APPLICATIONS, RULES AND BUREAUCRATIC HURDLES. IN
ORDER FOR DEVELOPERS TO BE APPROVED TO BUILD RESULTING IN PROLONGED
WAITS FOR TENANTS BEFORE THEY CAN MOVE IN AND FOR OUR COMMUNITIES
WHO DESPERATELY NEED NEW AFFORDABLE HOUSING. THE RED TAPE IS A
CONTRIBUTING FACTOR TO THE CURRENT VACANCY RATE OF 1.4 PERCENT IN NEW
195
NYS ASSEMBLY JUNE 3, 2024
YORK CITY, AND IT IS OUR DUTY TO DO ALL WE CAN TO RESPONSIBLY PROMOTE
THE CONSTRUCTION OF NEW HOUSING AND MAKING IT EASIER FOR FOLKS TO APPLY
TO CREATE AFFORDABLE HOUSING. CREATING A COMMON WEB PORTAL AND
COMMON APP FOR DEVELOPERS TO APPLY FOR ALL FUNDING, TAX CREDITS, GRANTS
AND LOANS THEY NEED TO BUILD HOUSING IN NEW YORK BY PASSING THIS BILL
WILL HELP US MEET THAT DUTY. NOT ONLY WILL THE PORTAL CUT DOWN ON THE
TIME DEVELOPERS SPEND FILLING OUT APPLICATIONS, SOMETIMES 19 FORMS OF
THE SAME QUESTIONS, IT WILL DECREASE THE COST OF CONSTRUCTION AS IT
REDUCED THE STAFF TIME AND RESOURCES NEEDED TO COMPLETE THESE
APPLICATIONS AND REVIEW THEM. I'M A PROUD -- I'M PROUD TO SPONSOR THIS
BILL WHICH HAS RECEIVED BIPARTISAN SUPPORT TO BRING COMMONSENSE
SOLUTIONS TO COMBAT OUR HOUSING CRISIS. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: MR. SIMONE IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09395, RULES REPORT
NO. 346, PHEFFER AMATO, COLTON, SANTABARABARA, SILLITTI. AN ACT TO
AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO
ESTABLISHING A TWENTY-FIVE YEAR RETIREMENT PLAN FOR FIREFIGHTERS
EMPLOYED BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
196
NYS ASSEMBLY JUNE 3, 2024
2025.
ACTING SPEAKER ZEBROWSKI: 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. A09441-A, RULES
REPORT NO. 347, HUNTER, BUTTENSCHON, MILLER. AN ACT TO AMEND THE
CORRECTION LAW, IN RELATION TO THE USE OF CERTAIN COUNTY JAILS; TO AMEND
THE COUNTY LAW, IN RELATION TO THE LEGISLATURE'S APPROVAL, RATIFICATION,
VALIDATION AND CONFIRMATION OF COUNTY-TRIBAL DETENTION AGREEMENTS
BETWEEN THE ONEIDA INDIAN NATION AND MADISON COUNTY AND ONEIDA
COUNTY; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MS. HUNTER, 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 ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
197
NYS ASSEMBLY JUNE 3, 2024
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09458-B, RULES
REPORT NO. 348, PRETLOW, STERN, WOERNER, SAYEGH. AN ACT TO AMEND
THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN RELATION TO
THE DISCRETIONARY SPENDING THRESHOLD FOR REGIONAL OFF-TRACK BETTING
CORPORATIONS.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. FITZPATRICK TO EXPLAIN HIS VOTE.
MR. FITZPATRICK: YEAH, THANK YOU, MR. SPEAKER.
THE -- I OPPOSE THIS BECAUSE I'M FRANKLY NOT A FAN OF OFF-TRACK BETTING
ESPECIALLY IN SUFFOLK COUNTY. OFF-TRACK BETTING WAS ESTABLISHED AS A
PUBLIC BENEFIT CORPORATION BUT THE PUBLIC SEEMS TO DERIVE NO BENEFIT
FROM THIS PUBLIC BENEFIT CORPORATION. THEY TELL US THEY RAISE MILLIONS
FOR EDUCATION AND MILLIONS FOR LOCAL GOVERNMENTS; YET, MY SCHOOL TAXES
HAVEN'T GONE DOWN AND MY PROPERTY TAXES HAVEN'T GONE DOWN. SO
WHERE IS THIS MONEY GOING? SO THE MORE THEY RAISE, THE MORE THEY
MAKE. IN FACT, SUFFOLK IS GOING TO DOUBLE THE SIZE OF THE CASINO, IT'S IN
MY DISTRICT, JAKE'S 58 WHERE THERE WAS JUST RECENTLY A SHOOTING IN THE
PARKING LOT AT THE CASINO. SO OFF-TRACK BETTING IS -- THEY DON'T NEED
MORE MONEY TO SPEND. THAT DISCRETIONARY MONEY, MAYBE THEY WANT TO
198
NYS ASSEMBLY JUNE 3, 2024
THINK ABOUT AND MAYBE WE NEED A BILL QUITE FRANKLY TO MAKE SURE THE
PUBLIC SEES A BENEFIT FROM THESE PUBLIC BENEFIT CORPORATIONS.
SO FOR THAT REASON I'M VOTING IN THE NEGATIVE.
ACTING SPEAKER ZEBROWSKI: MR. FITZPATRICK
IN THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09508, RULES REPORT
NO. 349, STECK. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
DECREASING THE ELECTRONIC DEATH REGISTRATION SYSTEM FEE FOR FUNERAL
DIRECTORS AND UNDERTAKERS.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
NOW GO TO BACK TO OUR MAIN CALENDAR AND TAKE UP RESOLUTIONS ON PAGE
3.
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NYS ASSEMBLY JUNE 3, 2024
ACTING SPEAKER ZEBROWSKI: RESOLUTIONS ON
PAGE 3, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 2344, RULES AT THE
REQUEST OF MS. RAJKUMAR.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2024, AS MALAYALEE HERITAGE MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2345, RULES AT THE
REQUEST OF MS. SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 10-16, 2024, AS INFANT MENTAL HEALTH
AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2346, RULES AT THE
REQUEST OF MRS. GUNTHER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2024, AS POST-TRAUMATIC STRESS INJURY
AWARENESS MONTH, AND JUNE 27TH, 2024, AS POST-TRAUMATIC STRESS
INJURY AWARENESS DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
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NYS ASSEMBLY JUNE 3, 2024
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; ALL THOSE OPPOSED,
NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2347, RULES AT THE
REQUEST OF MS. ROSENTHAL.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2024, AS CYTOMEGALOVIRUS AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2348, RULES AT THE
REQUEST OF MS. WILLIAMS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2024, AS CARIBBEAN HERITAGE MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2349, RULES AT THE
REQUEST OF MR. JENSEN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2024, AS SCLERODERMA AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
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NYS ASSEMBLY JUNE 3, 2024
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2350, RULES AT THE
REQUEST OF MS. REYES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2024, AS IMMIGRANT HERITAGE MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2351, RULES AT THE
REQUEST OF MS. CHANDLER-WATERMAN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2024, AS GUN VIOLENCE AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2352, RULES AT THE
REQUEST OF MR. DESTEFANO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JULY 2024, AS CULINARY ARTS MONTH IN THE
STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
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NYS ASSEMBLY JUNE 3, 2024
THE CLERK: ASSEMBLY NO. 2353, RULES AT THE
REQUEST OF MR. EACHUS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 8, 2024, AS GRANDPARENTS DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2354, RULES AT THE
REQUEST OF MR. SAYEGH.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 16, 2024, AS TEACHING
ASSISTANT'S DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2355, RULES AT THE
REQUEST OF MS. JEAN-PIERRE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 20, 2024, AS POW/MIA DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY NO. 2356, RULES AT THE
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NYS ASSEMBLY JUNE 3, 2024
REQUEST OF MS. JEAN-PIERRE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 28, 2024, AS CHUCKS-N-PEARLS DAY
IN THE STATE OF NEW YORK.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER ZEBROWSKI: WE HAVE BOTH.
ON A MOTION BY MS. WALLACE, PAGE 20, RULES REPORT
NO. 265, BILL NO. A9230-A, THE AMENDMENTS ARE RECEIVED AND
ADOPTED.
ON A MOTION BY MS. ROSENTHAL, PAGE 20, RULES
REPORT NO. 272, BILL NO. A9616-B, THE AMENDMENTS ARE RECEIVED AND
ADOPTED.
ON A MOTION BY MS. SOLAGES, PAGE NO. 24, CALENDAR
NO. 11, BILL NO. A128, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. LAVINE, PAGE NO. 27, CALENDAR
NO. 53, BILL NO. A1777, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. ROSENTHAL, PAGE 39, CALENDAR
NO. 228, BILL NO. A5990-B, THE AMENDMENTS ARE RECEIVED AND
ADOPTED.
ON A MOTION BY MR. CUNNINGHAM, PAGE 46, CALENDAR
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NYS ASSEMBLY JUNE 3, 2024
NO. 445, BILL NO. A4098-A, THE AMENDMENTS ARE RECEIVED AND
ADOPTED.
ON BEHALF OF MS. PAULIN, BILL NO. A325, THE
ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE
OF THE BILL.
THE CLERK: AN ACT TO AMEND THE GENERAL BUSINESS
LAW.
ACTING SPEAKER ZEBROWSKI: A MOTION TO
RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
WE ALSO HAVE A NUMBER OF FINE RESOLUTIONS WHICH WE
WILL TAKE UP WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 2357-2369
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: (MIC CUT OUT) LEFT IN THE
CHAMBERS TODAY, THANK YOU VERY MUCH FOR YOUR PATIENCE. WE GOT
THROUGH A LOT TODAY, BUT I ASSURE YOU THERE'S A LOT MORE TO GET THROUGH
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NYS ASSEMBLY JUNE 3, 2024
ON TOMORROW. SO I NOW MOVE THAT THE ASSEMBLY STANDS ADJOURNED AND
THAT WE RECONVENE AT 9:30 A.M., TUESDAY, JUNE THE 4TH, TOMORROW
BEING A SESSION DAY.
ACTING SPEAKER ZEBROWSKI: ON A MOTION OF
MRS. PEOPLES-STOKES THE HOUSE STANDS ADJOURNED.
(WHEREUPON, AT 11:30 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, JUNE 4TH, AT 9:30 A.M., TUESDAY BEING A
SESSION DAY.)
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