TUESDAY, JUNE 6, 2023 11:10 A.M.
ACTING SPEAKER AUBRY: The House will come
to order.
In the absence of clergy, let us pause for a moment of
silence.
(Whereupon, a moment of silence was observed.)
Visitors are invited to join members in the Pledge of
Allegiance.
(Whereupon, Acting Speaker Aubry led visitors and
members in the Pledge of Allegiance.)
A quorum being present, the Clerk will read the
Journal of Monday, June the 5th.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, I move
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NYS ASSEMBLY JUNE 6, 2023
that we dispense with the further reading of the Journal of Monday,
June the 5th and that the same stand approved.
ACTING SPEAKER AUBRY: Without objection, so
ordered.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, sir.
Colleagues and guests that are in our Chambers today, I would like to
share a quote for today on -- from Eleanor Roosevelt. Many of you
know Eleanor was an infamous political figure, First Lady from 1933
until 1945. Her words for us today, "The future belongs to those who
believe in the beauty of their dreams." Again, these words from
Eleanor Roosevelt.
Members have on their desks a main Calendar, Mr.
Speaker, and a debate list. After housekeeping and introductions
we're going to be calling for the Ways and Means Committee and the
Rules Committee. These committees are going to produce an
A-Calendar of which we're going to take up today on consent. We're
going to continue our consent work from yesterday of new bills on the
main Calendar where we left off. We're going to begin with Rules
Report No. 560 on page 21 and go straight through until Rules Report
No. 566. We're also going to work off of the debate list, beginning
with Rules Report No. 242 by Mr. Bores; Rules Report No. 277 by
Mr. Simone; Rules Report No. 384 by Mr. McDonald; Rules Report
No. 478 by Ms. Darling; Rules Report No. 480 by Mr. Thiele; Rules
Report No. 530 and 531 by Mr. Magnarelli; Calendar No. 2 and
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NYS ASSEMBLY JUNE 6, 2023
Calendar No. 16, Calendar No. 37 by Ms. Paulin; and Calendar No.
196 by Mr. Rosenthal. Members should also be reminded that we're
going to take up resolutions again today at the end of our schedule,
and if there's any other floor activity needed for today, Mr. Speaker, I
will announce at that time. There may be a need for a Majority
Conference, and as always we'll give consideration to our colleagues
on the other side of the aisle to determine what their needs may be.
That's a general outline, Mr. Speaker. If you have
any housekeeping or introductions, now would be a great time. Thank
you, sir.
ACTING SPEAKER AUBRY: Thank you, Mrs.
Peoples-Stokes. No housekeeping at the moment, however, we do
have introductions.
Ms. Lunsford for the purposes of a introduction.
MS. LUNSFORD: Thank you, Mr. Speaker. I rise
today on behalf of myself, Assemblymember Steve Hawley and
Assemblymember Latoya Joyner to welcome Jim and Kathy Barber
from LeRoy, New York. They are here on behalf of their son Tim
Barber, who tragically passed away at the age of 35 on his second day
at work on a construction site from heat exhaustion. Tim is a
cautionary tale that has been cited by OSHA and other advocates for
stronger regulations around heat exhaustion because of the very
serious health risks this poses.
I want to thank the Barbers for their continued
advocacy on behalf of their son, and I ask you to please give them the
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NYS ASSEMBLY JUNE 6, 2023
cordialities of the floor. Thank you very much.
ACTING SPEAKER AUBRY: Thank you. On
behalf of Ms. Lunsford, the Speaker and all the members, we welcome
you here to the New York State Assembly, extend to you the
privileges of the floor. Thank you for the work that you're doing to
help others even in the tragedy of your own loss. Nothing could
commend you higher to us than that you have devoted yourself to
making other people safe. Thank you so very much. Continue the
great work.
(Applause)
Mr. Beephan for the purposes of a introduction.
MR. BEEPHAN: Thank you, Mr. Speaker. Good
morning, my fellow colleagues. Earlier last month we actually
declared September 15, 2023 as Lymphoma Awareness Day in the
State of New York. I thank you for your support in that unanimous
resolution. As you know, with -- with situations like this we're all
impacted, someone in our lives struggling with -- with these diseases.
But for us it's Miss Cristal Hammond who's with us here today. She is
the mother of one of our staffers that's currently battling
non-Hodgkin's lymphoma. So, one, I thank you for that resolution,
but I welcome Cristal and her family. She has with her her sons Paul,
Sean. Sean's girlfriend Amanda is here; Nina, the sister of Cristal, as
well as their friend Gina, who is also a County Legislator in the
County of Ulster.
So, Mr. Speaker, I ask that you extend the cordialities
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NYS ASSEMBLY JUNE 6, 2023
of the House, and may we all remember those struggling with these --
these diseases. Thank you all.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Beephan, the Speaker and all the members, we welcome you
here to the New York State Assembly. We extend to you the
privileges of the floor. Our really admiration for this family effort that
you have, that you're being supportive. We hope that all will be well
and that you will enjoy your time with us. Thank you so very much,
and be healthy and be safe. Thank you very much.
(Applause)
Mr. Pirozzolo.
MR. PIROZZOLO: Thank you, Mr. -- thank you,
Mr. Speaker. With me today I have Mayor Ekrem Kastrati. He is the
Mayor of Malisheva, a municipality in the Republic of Kosovo. The
Mayor has a very generous and patriotic family, and his activity has
been committed to cooperative support between the initiatives of the
American community and the Albanian community. Mr. -- Mayor
Kastrati has been appointed the Secretary at the General Ministry of
Education, Science and Technology, and after that he took on other
responsibilities at the Republican of Kosovo after being appointed
Chief Inspector of the Labor Inspectorate in Kosovo. After that he
turned his sights to public service, and now he is the Mayor of his
municipality.
So would you please offer the cordialities of the
floor?
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NYS ASSEMBLY JUNE 6, 2023
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Pirozzolo, the Speaker and all the members, we welcome you
here, Mr. Mayor. We appreciate that you've taken the time and the
effort to come and share with us. You have the privileges of the floor,
and really, our congratulations on an excellent career in public service
that you've had, and we look forward to your future work as a public
servant. Thank you so very much.
(Applause)
Mr. Brook-Krasny.
MR. BROOK-KRASNY: Thank you, Mr. Speaker,
for the opportunity to make this introduction. We have here today
Natalia Travilinia, founder of TraNa Relief National Association,
which stands for Temporary Relief Assistance by National
Association. Natalia and her team of volunteers provide assistance,
resources, comfort and support to immigrants that have just arrived to
the United States and those in need here already. As someone who
immigrated to the United States many years ago, people like Natalia
and their organizations they lead are indispensable in helping first-
generation immigrants and refugees restart their lives and build a
future through comfort, support, guidance and love. Many who seek
asylum or refuge travel thousands of miles by air, land and sea in
hopes of finding a better life and prosperity on our shores. Natalia and
her organization have been instrumental in welcoming Ukrainian
refugees here to the United States since the Russia invaded their
homeland. In fact, in 2022 she established her own highly-respected
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NYS ASSEMBLY JUNE 6, 2023
and widely-used telegram channel that is well-known in the Ukrainian
and Russian community and a source of assistance in coming to
America. Natalia is proudly dedicated to helping others enter the
United States to achieve a better life, and has grown her organization
into a well-respected and sought-after non-profit, and I thank her and
brave refugees from Ukraine here today for joining us. With us today,
Viktor Smirnov, who is no less than two-time World Boxing
Champion; Robert Kural (phonetic); Victoria Vyanakova (phonetic),
the honoree -- the singer, the honoree artist of Ukraine; Ala Buchanka
(phonetic) and Natalia Travilinia herself.
Would you please welcome Natalia and her friends to
Albany, Mr. Speaker, and award them with the cordialities --
cordialities of the House? Thank you very much.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Brook-Krasny, the Speaker and all the members, we welcome
this distinguished group here to the New York State Assembly. We
extend to you the privileges of the floor. Our congratulations and
thanks for the work that you're doing, helping individuals who come
here to our country seeking the American Dream. We hope that you
will continue that work and applaud you for that effort. Thank you so
very much.
(Applause)
Ms. Walsh for the purposes of a introduction.
MS. WALSH: Thank you very much, Mr. Speaker.
Good morning -- or -- yeah, it's still morning -- to my friends and
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NYS ASSEMBLY JUNE 6, 2023
colleagues here today as we -- as we work our long hours here in this
last week of Session, it's really nice to be able to welcome some young
face to the People's House. Today I'm joined by a group of fourth
graders from Shatekon Elementary School, which is in the
Shenendehowa School District, part of my district. And I'd like to --
oh, they are all standing up -- they're -- I just met with them and spoke
with them briefly. They're very interested in this beautiful building,
I'm so glad that they're here to tour it, and I -- I wanted them to come
and see the People's House.
So would you please, Mr. Speaker, extend to them a
welcome and offer them the cordialities of the House? Thank you
very much.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Walsh, the Speaker and all the members, we welcome this
fourth grade class here to the New York State Assembly, to the
People's House. We also welcome those parents and supervisors and
teachers who have come with you. We hope you have a great day
here. This is a remarkable building, and believe me, it's a great place
to come to work. One day we hope you aspire to come here and take
your place here in the New York State Assembly. One in two, three
of you, however many. Thank you so very much. We appreciate you
being here.
(Applause)
Ms. Zinerman for the purposes of a introduction
MS. ZINERMAN: Thank you, Mr. Speaker. Good
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NYS ASSEMBLY JUNE 6, 2023
morning, everyone, good morning. I, too, am excited today to
introduce you to a group of young people from Brooklyn, New York.
So today we are joined by the Civics Team from Clara Barton High
School for Health Professions in Crown Heights, Brooklyn. This is a
full-circle moment for me because a number of years ago, I won't say
how many, I used to have an Explorer troop with the American Red
Cross when I worked as the Director of Volunteers, and Clara Barton
had stellar students that were a part of that troop. And so today we are
joined by three young people who are doing wonderful things in their
school. But let me tell you a little bit about Clara Barton. They've
been serving our community for over 80 years and continues to
produce certified dental and dental lab assistants, licensed practical
nurses, vision technologists, nursing and medical assistants and EMTs.
Today's group consist of -- well, it did -- two juniors and three
seniors, all of which are participants in the Civic Seal of Readiness
Program. So inviting them here today in the People's House is right
up their alley. The young ladies have a commitment to their
communities and a desire to be global citizens. Their compassion to
their causes is evident in the various discussions we've had during
their civic meetings throughout the term. As a condition for the
program, the students are required to complete a mini action project.
These young ladies have chosen to focus on the growing youth
incarceration rates and how they can curtail it -- curtail those numbers
in their district. They are accompanied today by Monique Antoine,
who is one of my constituents and a member of the Youth and
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NYS ASSEMBLY JUNE 6, 2023
Education Committee of Community Board 3, Assistant Principal of
Humanities. Also, the Special Education teacher, Dwayne Smart; and
the Vision Tech teacher, Miss Ciera Watford.
So I ask that you extend the cordialities of the House
for each and every one of them, but I want to give a special shout-out
to Laury, to Carlene and to Ruth for their presence here today. So,
Mr. Speaker, if you would offer them the cordialities of the House, we
would appreciate your wonderful welcomes that you always give to
our young people. Thank you.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Zinerman, the Speaker and all the members, we welcome you
here to the New York State Assembly, extend to you the privileges of
the floor. Hope that your trip to Albany has been beneficial,
appreciate the work that you're doing and investing in the future of our
communities and reducing some of the statistics that unfortunately we
have become used to. And of course, a great school you come from,
one that is around even when I was in high school, so that's -- that's
some tradition that you've continued. Thank goodness that you've
continued that tradition, and know that you are always welcome here.
Thank you.
(Applause)
Ms. Giglio for the purpose of an introduction.
MS. GIGLIO: Thank you, Mr. Speaker. I'm excited
to have my daughter and her best friend from kindergarten, as well as
our family dogs Tilly and Pumpkin, who have also been best friends
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NYS ASSEMBLY JUNE 6, 2023
forever. So they are here in the Chamber today. She is probably
going -- I'm going to be in a lot of trouble for introducing her because
she's very shy and did not want to be introduced, but if you would
please extend the cordialities of the House to my daughter, her best
friend and my dog Tilly and Tilly's best friend Pumpkin. And we
missed Animal Advocacy Day because they were in college, but we're
having our own, kind of, here today. So thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Giglio, the Speaker and all the members, as family you're
always welcome here and you always will have privileges of the floor.
Thank you for bringing your best friend. Thank you also for sharing
those really adorable dogs with us. We appreciate the fact that they've
been quiet today. Thank you so very much. Please know that you're
always welcome. Thank you.
(Applause)
Mrs. Peoples-Stokes for the purposes of a
announcement.
MRS. PEOPLES-STOKES: Mr. Speaker, would you
please call the Ways and Means Committee to the Speaker's
Conference Room?
ACTING SPEAKER AUBRY: Certainly. Ways and
Means Committee, Speaker's Conference Room immediately, please.
Page 21, Rules Report No. 560, the Clerk will read.
THE CLERK: Assembly No. A07639, Rules Report
No. 560, Thiele. An act to amend Chapter 581 of the Laws of 2005
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NYS ASSEMBLY JUNE 6, 2023
amending the Local Finance Law relating to statutory installment
bonds, in relation to extending the effectiveness thereof.
ACTING SPEAKER AUBRY: On a motion by Mr.
Thiele, 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, which will be the first vote of the day.
(The Clerk recorded the vote.)
ACTING SPEAKER ZACCARO: Are there any
other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07640, Rules Report
No. 561, Glick, Ardila, Simon, Bores, Steck, L. Rosenthal. An act to
amend the Environmental Conservation Law, in relation to enacting
the Birds and Bees Protection Act.
ACTING SPEAKER ZACCARO: The bill is laid
aside.
THE CLERK: Assembly No. A07641, Rules Report
No. 562, Glick. An act to amend Chapter 550 of the Laws of 2013
amending the Environmental Conservation Law relating to
establishing the Mercury Thermostat Collection Act, in relation to the
effectiveness thereof.
ACTING SPEAKER ZACCARO: The bill is laid
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NYS ASSEMBLY JUNE 6, 2023
aside.
THE CLERK: Assembly No. A07644, Rules Report
No. 563, Pheffer Amato. An act to amend the Administrative Code of
the City of New York, in relation to the rate of interest used in the
actuarial valuation of liabilities for the purpose of calculating
contributions to the New York City Employees' Retirement System,
the New York City Teachers' Retirement System, the Police Pension
Fund, subchapter two; the Fire Department Pension Fund, subchapter
two; and the board of Education Retirement System of such city by
public employers and other obligors required to make employer
contributions to such retirement systems, the crediting of special
interest and additional interest to members of such retirement systems,
and the allowance of supplementary interest on the funds of such
retirement systems.
ACTING SPEAKER ZACCARO: On a motion by
Ms. Pheffer Amato, the Senate bill is before the House. The Senate
bill is advanced. Read the last section.
THE CLERK: This act shall take effect July 1, 2023.
ACTING SPEAKER ZACCARO: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07660, Rules Report
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NYS ASSEMBLY JUNE 6, 2023
No. 564, Zebrowski. An act to amend the New York State Medical
Care Facilities Finance Agency Act, in relation to the ability to issue
certain bonds and notes.
ACTING SPEAKER ZACCARO: On a motion by
Mr. Zebrowski, the Senate bill is before the House. The Senate bill is
advanced. The Clerk will read -- read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER ZACCARO: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07661, Rules Report
No. 565, Wallace. An act to amend Chapter 363 of the Laws of 2010,
amending the Judiciary Law relating to granting the Chief
Administrator of the Courts the authority to allow referees to
determine applications for Orders of Protection during the hours
family court is in session, in relation to the expiration thereof.
ACTING SPEAKER ZACCARO: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER ZACCARO: The Clerk will
record the vote.
(The Clerk recorded the vote.)
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NYS ASSEMBLY JUNE 6, 2023
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07665, Rules Report
No. 566, Taylor. An act to amend the Real Property Tax Law, in
relation to income requirements for certain real property tax
exemptions in a city with a population of one million or more.
ACTING SPEAKER ZACCARO: The bill is laid
aside.
(Pause)
Page 10, Rules Report No. 242, the Clerk will read.
THE CLERK: Assembly No. A05295, Rules Report
No. 242, Bores, Aubry, Hyndman, Darling, Dinowitz, Glick,
McDonald, Simone, Simon, Hevesi, Tapia, Jacobson, Reyes, Alvarez,
D. Rosenthal, Gibbs, Cruz, Steck, Zinerman, Rozic, Taylor, Bronson,
Sillitti, Burgos, Colton, Lucas, Brabenec, Carroll, Lee. An act to
amend the Labor Law, in relation to inventions made by employees.
ACTING SPEAKER ZACCARO: 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 ZACCARO: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Bores to explain his vote.
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NYS ASSEMBLY JUNE 6, 2023
MR. BORES: Thank you, Mr. Speaker. A long time
ago in a law firm office far, far away, an enterprising attorney
designed what became the standard contract -- employment contract
in the tech industry, and it said anything that an employee invented
while working at a company belongs to the company. And though I
wasn't in the room, I'd like to assume that another lawyer turned to the
first and said, Are we really going to go after people who write novels
on the weekend or do something not related to the company, and the
first probably said, No, but it's safer for us, let's write it this way. And
while very well-intentioned, what that ended up doing was having a
chilling effect on employees exploring new ideas and eventually
building the next businesses. And so we've seen a number of states
build protections into their law. California did this in 2011. If
anything, it actually encouraged innovation in the tech industry, so
we've now had eight states in addition adopt similar protection for
employees. So if you do something in your spare time, you have the
right for that, go ahead and keep it.
I'm proud that this bill has support from both industry
and from labor unions, from Democrats and from Republicans, and
I'm most proud to finally bring this overdue protection to all 20
million New Yorkers. I vote yes.
ACTING SPEAKER ZACCARO: Mr. Bores in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
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NYS ASSEMBLY JUNE 6, 2023
The bill has passed.
Mrs. Peoples-Stokes for the purpose of an
announcement.
MRS. PEOPLES-STOKES: Mr. Speaker, will you
please call the Rules Committee to the Speaker's Conference Room?
ACTING SPEAKER ZACCARO: Rules Committee
to the Speaker's Conference Room.
Page 11, Rules Report No. 277, the Clerk will read.
THE CLERK: Assembly No. A06940, Rules Report
No. 277, Simone, Zebrowski, Bores, Seawright, Lee, González-Rojas,
Cunningham, Lucas, Levenberg, Pheffer Amato, Gibbs, Shimsky,
Simon, D. Rosenthal, Tapia, Rozic, Zinerman. An act to amend the
Not-for-Profit Corporation Law, in relation to authorizing non-
membership not-for-profit corporations to classify board of directors
in the by-laws.
ACTING SPEAKER ZACCARO: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER ZACCARO: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 14, Rules Report No. 384, the Clerk will read.
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NYS ASSEMBLY JUNE 6, 2023
THE CLERK: Assembly No. A06568-B, Rules
Report No. 384, McDonald, Buttenschon, Thiele, Zaccaro, Gunther,
Benedetto, Zebrowski, Otis, Rozic, Fahy, McDonough, DeStefano,
McGowan, K. Brown, Joyner, Wallace, Sayegh, Colton, Slater,
Angelino, Davila, Woerner, Flood, Gallahan, Bores. An act in
relation to establishing the New York State Organized Retail Crime
Task Force; and providing for the repeal of such provisions upon
expiration thereof.
ACTING SPEAKER ZACCARO: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER ZACCARO: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. McDonald to explain his vote.
MR. MCDONALD: Thank you, Mr. Speaker. And I
want to thank all my colleagues for their across-the-board support for
the establishment of this New York State Organized Retail Theft [sic]
Task Force. Retail theft is happening at an organized level throughout
this country. Any day you can pick up a newspaper and read about it
in Florida, in Texas, sadly, here in New York and across the country
in California and, therefore, it involves a comprehensive approach.
This is why I appreciate the opportunity to move this legislation
forward. It's moving forward as well in the Senate from what I
understand, and hopefully the Governor will find a positive
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NYS ASSEMBLY JUNE 6, 2023
consideration because at the end of the day, yes, it's about supporting
our businesses, but also just as importantly, those individuals who are
working on the front lines in many of these retail establishments and
those consumers who shop there as well. It's about making sure they,
too, are protected in this process.
So I obviously support this legislation and thank my
colleagues for their support as well.
ACTING SPEAKER ZACCARO: Mr. McDonald in
the affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 19, Rules Report No. 480, the Clerk will read.
THE CLERK: Assembly No. A07558-A, Rules
Report No. 480, Thiele, Pheffer Amato, Smith, Solages. An act to
amend the Legislative Law, in relation to the Legislative Commission
on the Future of the Long Island Power Authority.
ACTING SPEAKER ZACCARO: On a motion by
Mr. Thiele, 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 ZACCARO: The Clerk will
record the vote.
(The Clerk recorded the vote.)
ACTING SPEAKER AUBRY: Are there any other
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NYS ASSEMBLY JUNE 6, 2023
votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 20, Rules Report No. 530, the Clerk will read.
THE CLERK: Assembly No. A06686, Rules Report
No. 530, Magnarelli, Hunter. An act to amend the Vehicle and Traffic
Law and the Public Officers Law, in relation to owner liability for
failure of operator to comply with traffic control indications in the
City of Syracuse; and providing for the repeal of such provisions upon
expiration thereof.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect in 30 days.
ACTING SPEAKER AUBRY: A Party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. The Republican
Conference will be generally opposed to this bill for reasons I will
explain shortly. Of course, those who support it are encouraged to
vote yes here on the floor. Thank you, sir.
ACTING SPEAKER AUBRY: Mrs. Peoples-
Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. The Majority Conference is going to be in favor of this piece
of legislation; however, there may be a few that would desire to be an
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NYS ASSEMBLY JUNE 6, 2023
exception. They do have that as an option.
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. Over the last
several years we've had a number of local bills that have authorized
cities to impose or put up speed cameras, and throughout that time
period we've recognized and brought to the attention various concerns
about the process and how it's run. And just as an example, with this
bill as an example, it's clear that it doesn't matter who's driving the
car, the owner is responsible. The photography system used on the
speed camera specifically cannot take a picture of the driver, which
makes it almost impossible for the owner to establish that somebody
else was driving. This imposes liability on the owner even if the car
was stolen, unless the owner reported the car as being stolen before it
ran the speed zone. So if someone steals your car and they're driving
it at a high rate of speed away from the police and you haven't had a
chance to report it as stolen yet, it's adding salt to the wound because
you'll be facing strict liability for -- for the stolen car going through a
speed zone. This bill requires that if the car is leased from a leasing
company, the leasing company can avoid liability but only upon
providing an actual copy of the lease for the municipality. There --
this requires a report, an annual report on this demonstration program,
but the report is only sent to the Majority, even though as -- as I
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NYS ASSEMBLY JUNE 6, 2023
mentioned, the Minority has raised concerns in the past. The last
speed camera bill that we approved was Minority in the negative. It
was adopted by the local municipality after it passed here. There was
such outrage in the community that the city council actually went in
and revoked the authorization and shut down the program. So there's
a lot of concerns. We have proposed language to address the due
process issues, but that language has not been advanced in this bill and
for that reason I will be opposing it.
Thank you, sir.
ACTING SPEAKER AUBRY: Mr. Goodell in the
negative.
Ms. Glick to explain her vote.
MS. GLICK: Thank you, Mr. Speaker, briefly to
explain my vote. I'm very much in support of the use of speed
cameras. We cannot have police officers everywhere. We know
speeding kills people, and the driver is in control of whether or not the
vehicle is speeding or not. And as far as the cameras only capturing
the license plate and the owner of the car being liable, that is the same
thing as every parking ticket people have ever been given. They are
based on the owner of the car. And it's important if, in fact, you're the
owner of the car and it turns out that at the time you had given the car
to a friend, a neighbor or your child, you have the ability to go back
and explain to them exactly why you're never giving them use of the
car again. Or, it's an opportunity to discuss proper use of the vehicle.
So I think this is an important measure for safety for
22
NYS ASSEMBLY JUNE 6, 2023
pedestrians and other people who are driving. So I withdraw my
request and urge a yes vote and vote in the affirmative.
ACTING SPEAKER AUBRY: Ms. Glick in the
affirmative.
Mr. Reilly to explain his vote.
MR. REILLY: Thank you, Mr. Speaker, to explain
my vote. We've seen this demonstration program enacted in New
York City. Back in 2014 it was enacted with 20 cameras. Before the
pilot program actually came to a completion, the cameras were
increased to 120 and then to 140 zones. All before the demonstration
program was completed. Fast forward to today, we're looking at 2,500
cameras across New York City. And the transparency is not there.
We've seen these cameras issue tickets and they're flawed. But
because they're treated like a parking summons then they're sent to the
registered owner. There really is no way of fighting those
summonses, those notice of violations. And the cameras that are
currently used, they have a calibration. It's done once a year by an
individual, and then every day self-calibrating. That is where the issue
becomes, because you don't have somebody attesting to whether the
camera was operational correctly. Just as if you had a New York City
Police Officer or a State Trooper, they would give testimony saying
that the camera was operational before and after the notice of
violation was issued for the summons in an actual stop. Therefore,
we're looking at this happening with this program, going down the
same path as New York City and, unfortunately, it has become a
23
NYS ASSEMBLY JUNE 6, 2023
revenue generator.
Therefore, I am in the negative. Thank you, Mr.
Speaker.
ACTING SPEAKER AUBRY: Mr. Reilly in the
negative.
Mrs. Peoples-Stokes to explain her vote.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. You know, as a person who was trained to drive by my
parents years ago, one of the things I was taught about driving is when
you start pulling up to a yellow light, once you get to it you should
stop. I don't know if that's still in the driving books now, but I do
know that I very often sit at my light and it's green. I should be going
across the intersection but I can't because cars are still going through.
Now, I don't want to imagine why that happens. People are in a rush.
I -- I don't know, people just learned how to drive, people don't follow
the same rules as they used to follow. But one thing I do know is that
it has increased the number of accidents because everybody's not as
cautious as I would be. I don't know if your cousin may be riding
down the street through a red light, but it happens all too often, Mr.
Speaker. In every neighborhood in my Western New York
community, I see that on a regular basis. And so if it's happening
there it's happening in other places. And I know some people who
head up local governments, they don't like this. They feel like
somehow it's a municipal money grab, and all these things that are
absolutely wrong. If you just follow the rules, when you get close to a
24
NYS ASSEMBLY JUNE 6, 2023
yellow light before it turns red, stop. You don't have to worry about
the camera, it's not going to take your picture. But until that happens
I'm going to have to support this because the number of accidents I see
are on the rise. The number of new drivers, not just younger drivers,
but new Americans that are driving, we need to make sure that our
roads are safe, and I guarantee you if you are way too often going
through that red light, you'll receive one of these tickets in the mail on
a regular basis. Whether you can afford to pay it or not, you will stop
because it's unaffordable to do something that you know is not right.
Again, Mr. Speaker, I know it's challenging, it's
difficult for people to handle, but sometimes you have to do difficult
things in order to get people to react in the right way. So I'm glad to
be supporting this legislation and I thank the sponsor for introducing
it.
ACTING SPEAKER AUBRY: Mrs. Peoples-Stokes
in the affirmative.
Mr. Novakhov.
MR. NOVAKHOV: Thank you, Mr. Speaker. Well,
while red light -- right light cameras really make sense often, the
speeding cameras are moneymaking machines and we all know that.
It's another legalized ripping off. People of New York suffer enough
financially, so I think it's a shame to have so many speed cameras
working 24/7 in our cities.
Thank you, Mr. Speaker. I'm against this bill. Thank
you.
25
NYS ASSEMBLY JUNE 6, 2023
ACTING SPEAKER AUBRY: Mr. Novakhov in the
negative.
Mr. Pirozzolo to explain his vote.
MR. PIROZZOLO: Thank you, Mr. Speaker. I, too,
being a member from Staten Island, would have to be opposed to
voting for any sort of legislation allowing speed cameras anywhere in
New York. When these speed cameras were first sold to us on Staten
Island they were told, you know, they would only -- we were told they
would only be in school districts, next to schools and they would only
be operational for school time. Well, now they're farther and farther
away from schools, they're 24/7, and they really don't have anything
do with safety but they have an awful lot to do with revenue. So I
would caution the City of Syracuse or at least the residents who live
there that your taxes just went up because you are going to paying
these fines. And I don't care what the new law says as far as where
they're going to be placed, that is going to do nothing but expand and I
speak from personal history.
So I can never vote in favor of speed cameras. I think
it's a bad idea, there has to be another way. I just think it's a way of
picking the pockets of citizens. Thank you, sir. I'll be 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.
26
NYS ASSEMBLY JUNE 6, 2023
Page 21, Rules Report No. 531, the Clerk will read.
THE CLERK: Senate No. S06632, Rules Report No.
531, Senator May (A06687-A, Magnarelli, Hunter). Act to amend the
Vehicle and Traffic Law and the Public Officers Law, in relation to
authorizing the City of Syracuse to establish a demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with posted maximum speed limits in a
school speed zone; and providing for the repeal of such provisions
upon expiration thereof.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect in 30 days.
ACTING SPEAKER AUBRY: A Party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. The Republican
Conference will be generally opposed to this legislation for reasons I
hope to explain in a moment. Those who support it are certainly
encouraged to vote yes on the floor. Thank you, sir.
ACTING SPEAKER AUBRY: Thank you.
Mr. Fall.
MR. FALL: Thank you, Mr. Speaker. The Majority
Conference will be in the affirmative on this piece of legislation.
Those would like to vote in the negative would have to come to their
seat to vote in the negative. Thank you.
27
NYS ASSEMBLY JUNE 6, 2023
ACTING SPEAKER AUBRY: Thank you, sir.
The Clerk will record the vote.
(The Clerk recorded the vote.)
Mr. Goodell.
MR. GOODELL: Thank you, sir. This is another
speed camera bill that applies just to school zones, and in addition to
all the concerns that I expressed earlier on the prior speed camera bill,
this one has some unique characteristics. As one of my colleagues
mentioned, speeding kills and it's particularly dangerous in school
zones. And the problem with this bill is that the fine for blowing
through a school zone is only $50, a maximum of $25 surcharge. It's
not nearly enough to have an impact. Second, this camera only takes
your picture if you're going more than ten miles above the speed limit
in a school zone. Most school zones are normally ten miles or less,
which means you can just blow right through a school zone without
slowing down at all, and this system doesn't even issue a ticket. The
next problem, though, is for innocent drivers who may not realize that
the cameras are on a half-an-hour before and a half-an-hour after any
school event. Who has a calendar of school events, after-school
activities? You have to know when the school play is in order to
know when the cameras are on? It's completely impossible to
evaluate. As noted before and one of my colleagues mentioned, it's
the driver in control that you want to go after. So if you have a police
officer, they give a ticket to the driver, the driver gets points on their
license, they pay a fine. But under this one, the ticket goes to the
28
NYS ASSEMBLY JUNE 6, 2023
owner of the car, not the driver. So it doesn't have the deterrent
impact that we would hope. Now, we've been told this is the same as
a parking ticket, but I've got news for you. Very few school kids are
killed or hurt by parked cars. We're talking about speeding cars. The
best way to protect our kids in a school zone is to have an officer there
who's giving the tickets to the driver who's responsible, who is
exceeding the speed limit that's posted and is putting points on their
license, as they should. Sadly, this bill doesn't accomplish that.
Thank you, sir.
ACTING SPEAKER AUBRY: Mr. Goodell in the
negative.
Mr. Reilly to explain his vote.
MR. REILLY: Thank you, Mr. Speaker. So as I
mentioned earlier, we had a demonstration program like this in New
York City. Ironically, it started the same way, it started a half-hour
before, an hour after school. At first it was only on the block where a
school was, the camera could be located a quarter-mile on that street.
Today it's up to a quarter-mile in circumference from the location of a
school, which has expanded to preschools, which has expanded to
daycare centers where there's no adequate -- adequate signage. They
have these little signs that only black and white speed limit signs that
say "photo enforced" underneath. If you really want to deter speeding,
then increase those signage to include yellow signs, maybe flashing
lights, to warn drivers that they're coming. But once again, this started
in 2014 in New York City under this same guise. And now it has
29
NYS ASSEMBLY JUNE 6, 2023
expanded to 2,500 schools up to a quarter-mile in circumference from
those schools I just mentioned and those daycare and childcare
facilities. And to add insult to injury, New York City reduced the
speed limit from 30 miles an hour to 25 miles an hour, and currently
there's legislation to try and lower it to 20 miles an hour. Does
anybody see a pattern there? I see it. Cameras increase, speed limits
decrease, fines go up and all that money goes into the New York City
General Fund. How about having a special fund to improve --
improve safety around schools where that money would go to? I have
a bill that says that; New York City won't do it. Why? Because it
makes money and it makes millions that they could spend in other
areas. So it is a tax and they're spending it, and it's going to happen
with this.
So I am a negative, Mr. Speaker.
ACTING SPEAKER AUBRY: Mr. Reilly in the
negative.
Mr. Novakhov to explain his vote.
MR. NOVAKHOV: Thank you, Mr. Speaker. Well,
while I agree with my colleagues I just want to remind everyone in
this House that I don't know about you, but I haven't seen a single
student in the 3 a.m. in the morning near the school. Not in 2 a.m., 1
a.m. or 12 a.m. or 4 a.m. or even 5 a.m. Not a single student. So
why? Just question yourself why these cameras should be active in 3
a.m. in the morning near the school. Again, because it's a
money-making machine.
30
NYS ASSEMBLY JUNE 6, 2023
Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Mr. Novakhov in the
negative.
Mr. Pirozzolo.
MR. PIROZZOLO: So thank you again, Mr.
Speaker. You know, I have to agree with my colleagues from the
City. Let me just point this out one more time. This is a resolution
about putting speed cameras near school zones. During COVID when
schools were closed, these cameras were on. Please do not fool
yourselves. This program is going to expand and expand and expand
until we have no money left. I don't even believe there has been a
study that has shown that the safety around schools, accidents or
deaths have decreased because of these cameras. But I will tell you
that my constituents have been mentioning or complaining, actually
not even mine, anywhere across the City, that their wallets are getting
thinner, their pockets are getting lighter and there's no safety
improvements at all. This is a speed trap for the City, for the State, to
take our money. These zones will expand and it's just going to get
worse.
I am going to be voting no again.
ACTING SPEAKER AUBRY: Mr. Pirozzolo in the
negative.
Mr. Brown, Mr. Ari Brown.
MR. A. BROWN: Thank you, Mr. Speaker. We're
being told by my colleagues that these bills are being put in simply for
31
NYS ASSEMBLY JUNE 6, 2023
safety measures and concerns of -- of the like. If that's the case, why
is it, then, when I and my colleagues try to put in bills that will limit --
will limit the speed in certain locations it doesn't even make it out of
committee? For example, I had a bill that would create a consistent
speed limit in a certain location from 20 to 15 to be consistent with
adjacent areas and I can't get it out of committee. If we are concerned
about health and safety and welfare, let's put up or shut up. Let's be
consistent in the legislation that we allow to come to the floor.
And for that reason, Mr. Speaker, I vote in the
negative.
ACTING SPEAKER AUBRY: Mr. Brown in the
negative.
Ms. Simon to explain her vote.
MS. SIMON: Thank you, Mr. Speaker. I realize that
people do not want to get caught speeding, and the answer to that is to
not speed. We all know that vehicular crashes are more dangerous the
faster people are driving. This is a measure to deter people from
speeding. So you don't want to pay the fine, don't speed.
I think this is a very good bill and I'm happy to vote
in the affirmative. Thank you.
ACTING SPEAKER AUBRY: Ms. Simon in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
32
NYS ASSEMBLY JUNE 6, 2023
Page 23, Calendar No. 2, the Clerk will read.
THE CLERK: Assembly No. A00117-A, Calendar
No. 2, Paulin, Sillitti, Sayegh, Epstein. An act to amend the Public
Health Law, in relation to factors for consideration for applications for
a license to operate a bank or storage facility.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the 90th
day.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 24, Calendar No. 16, the Clerk will read.
THE CLERK: Assembly No. A03596-A, Calendar
No. 16, Paulin, Dinowitz, Seawright, Dickens, Gunther, Jackson,
Simon, Steck, Zinerman, McDonough, Sillitti, Septimo, Kelles. An
act to amend the Penal Law and the Civil Rights Law, in relation to
unlawful dissemination or publication of intimate images created by
digitization and of sexually-explicit depictions of an individual; and to
repeal certain provisions of the Penal Law relating thereto.
ACTING SPEAKER AUBRY: On a motion by Ms.
Paulin, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
33
NYS ASSEMBLY JUNE 6, 2023
THE CLERK: This act shall take effect on the 60th
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 26, Calendar No. 37, the Clerk will read.
THE CLERK: Assembly No. A03245-D, Calendar
No. 37, Paulin, Sayegh. An act to amend the General Business Law,
in relation to requiring businesses to notify consumers of an upcoming
automatic renewal or continuous service charge 45 days prior to such
charge.
ACTING SPEAKER AUBRY: 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 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 34, Calendar No. 196, the Clerk will read.
34
NYS ASSEMBLY JUNE 6, 2023
THE CLERK: Assembly No. A01707-A, Rules
Report [sic] No. 196, D. Rosenthal, Dickens, Colton, Williams,
Seawright, Cook, Simon, Jacobson, Hunter, Dinowitz, Zinerman,
Weprin, Meeks, Shimsky, L. Rosenthal, Buttenschon, Ramos,
Lupardo, Levenberg, Stirpe, González-Rojas, Sillitti, Jean-Pierre,
McDonald, Simone. An act to amend the Insurance Law, in relation
to requiring certain manufacturers of prescription drugs to notify the
superintendent of any proposed increase of the wholesale acquisition
cost of such prescription drugs.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the 180th
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.
Mr. Goodell.
MR. GOODELL: Thank you, Mr. Speaker. As we
wrap up our last week of Session it is great to see a whole bunch of
energetic, happy, enthusiastic visitors to our Chamber. And so on
behalf of our colleague Steve Hawley and the rest of us, I hope you
can welcome Mrs. Gretchen Pietrzykowski's and Mrs. Jenna Browne's
fourth grade class from Elba Elementary School. Now, Mrs.
35
NYS ASSEMBLY JUNE 6, 2023
Pietrzykowski has been teaching 19 years, so some of her fourth
graders have now graduated and gone on to college, no doubt. We
have with us Zeric Amaro, Logan Benzon, Nathan Buczek, Nathaniel
[sic] Cwiklinski, Noah English, Levi Fischer, Luke Gaylord, Nora
Gildner, Layla Halsey, Jaemus Kennedy, Zane Mackee, Joseph
Mudrzynski, Zachary Perry, Brock Reigle, Aidan Shanley, Brea
Schultz, Jaxon Smith, Violete Smith, Ryder Thompson, Ja'nelynn
Woods, Brody Yark-Pratt and Gia Zuber as students. And keeping
this enthusiastic group focused, which as you know as the Leader here
or as Speaker is sometimes a challenge, we have as chaperones Mr.
Bezon, Mr. Mudrzynski, Mr. Kennedy, Mr. Tesch, Mr. Mackee, Mrs.
Zuber, Mrs. Cordez, Ms. Shanley, Mrs. Thompson, Mrs. Buczek and
Mr. Reigle.
If you could welcome this great group of fourth
graders to our Chamber I would appreciate it. Thank you, sir.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Hawley, the Speaker and all the members, we welcome you
here to the New York State Assembly, we extend to you the privileges
of the floor. Happy that you've taken time from your fourth grade
activities to share with us here in Albany. You are always welcome
here. Thank you to both teachers and parents who have accompanied
you today. They make the world for you a little bit easier. Thank you
for the work all of you are doing. Thank you so much.
(Applause)
Mr. Fall.
36
NYS ASSEMBLY JUNE 6, 2023
MR. FALL: Members have on their desks the
A-Calendar. Mr. Speaker, I now move to advance the A-Calendar.
ACTING SPEAKER AUBRY: On Mr. Fall's motion,
the A-Calendar is advanced.
Page 3 on the A-Calendar, Rules Report No. 567, the
Clerk will read.
THE CLERK: Assembly No. A00048-B, Rules
Report No. 567, L. Rosenthal, Dinowitz, Glick, Simon, Epstein,
McMahon, Colton, Weprin, Taylor. An act to amend the Multiple
Dwelling Law and the Multiple Residence Law, in relation to the use
of smart access systems and the information that may be gathered
from such systems.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A00268, Rules Report
No. 568, Walker, Bronson, Carroll, Colton, Cook, Dickens, Glick,
Hunter, Hyndman, Jean-Pierre, Lupardo, Paulin, Pretlow, L.
Rosenthal, Simon, Steck, Weprin, Zebrowski, Zinerman, Mamdani.
An act to amend the Election Law, in relation to mandatory training
curriculum for poll workers.
ACTING SPEAKER AUBRY: On a motion by Ms.
Walker, the Senate bill is before the House. The Senate bill is
advanced and the bill is laid aside.
THE CLERK: Assembly No. A01447, Rules Report
No. 569, Bichotte Hermelyn, Epstein, Colton, Walker, Gibbs. An act
to direct the Empire State Development Corporation to conduct a
37
NYS ASSEMBLY JUNE 6, 2023
study on the feasibility of a minority- and women-owned business
enterprise capacity mentorship program.
ACTING SPEAKER AUBRY: On a motion by Ms.
Bichotte Hermelyn, 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. A01565-A, Rules
Report No. 570, Simon, Weprin, Dickens, Thiele, Steck, DeStefano,
Davila, Stirpe, Ardila, Dinowitz, McDonald, Novakhov. An act to
amend the Election Law, in relation to establishing a deadline for
changing the location of a polling place for an early voting period.
ACTING SPEAKER AUBRY: On a motion by Ms.
Simon, the Senate bill is before the House. The Senate bill is
advanced. The bill is laid aside.
THE CLERK: Assembly No. A01709-B, Rules
Report No. 571, Reyes, Paulin, Otis, Dinowitz, Burgos, Raga,
Shrestha, Forrest, Dickens, O'Donnell, Levenberg, Simon, Ardila,
González-Rojas, Kelles, McDonald, Cunningham, Carroll, Seawright,
Fahy, Shimsky, Glick, Gibbs, L. Rosenthal, Burdick, Cruz, De Los
38
NYS ASSEMBLY JUNE 6, 2023
Santos, Bores, Hevesi, McMahon, Epstein, Wallace, Lavine, Thiele,
Sillitti, Aubry, Weprin, Clark, Septimo, Simone, Jacobson. An act to
amend the Criminal Procedure Law, the Executive Law, the Civil
Practice Law and Rules, the Insurance Law and the Education Law, in
relation to legally-protected health activity providers.
ACTING SPEAKER AUBRY: On a motion by Ms.
Reyes, the Senate bill is before the House. The Senate bill is
advanced and the bill is laid aside.
THE CLERK: Assembly No. A03313, Rules Report
No. 572, DiPietro. An act to repeal Section 925-t of the General
Municipal Law, relating to the Town of Concord Industrial
Development Agency.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A04038, Rules Report
No. 573, Eachus. An act to amend the Tax Law, in relation to
authorizing the Town of Cornwall to impose a hotel and motel tax;
and providing for the repeal of such provisions upon expiration
39
NYS ASSEMBLY JUNE 6, 2023
thereof.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05035, Rules Report
No. 574, J. M. Giglio. An act to amend Chapter 672 of the Laws of
1993, amending the Public Authorities Law relating to the
construction and financing of facilities for certain public libraries, in
relation to including the Olean Public Library.
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. A05036, Rules Report
No. 575, Eichenstein. An act to authorize the City of New York to
40
NYS ASSEMBLY JUNE 6, 2023
reduce the interest accrued on certain charges assessed on real
property located at 1690 60th Street in Brooklyn.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05223-C, Rules
Report No. 576, Beephan. An act to amend the Highway Law, in
relation to designating a portion of the State highway system as the
"Zone Sergeant James G. Sweeney 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.)
Mr. Beephan to explain his vote.
MR. BEEPHAN: Thank you, Mr. Speaker. I just
wanted to highlight the life of Zone Sergeant James Sweeney. While
we can go on and on about his 30 years of service to Dutchess County
and the surrounding area, as a former firefighter I have to highlight the
41
NYS ASSEMBLY JUNE 6, 2023
fact that he ultimately succumbed to his injuries working on the piles
of 9/11 down at Ground Zero. So I thank Mr. Sweeney for his service
to our community as we posthumously award him this bridge. I thank
his family who -- who remembers him to this day and I thank you all
for your support.
ACTING SPEAKER AUBRY: Mr. Beephan in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
And Mr. Beephan, you have passed your first bill and
an appropriate one at that. Congratulations.
(Applause)
As I always say, the last time that will happen.
The Clerk will read.
THE CLERK: Assembly No. A05333-A, Rules
Report No. 577, Palmesano. An act to amend the Tax Law, in relation
to extending the authorization of the County of Schuyler to impose an
additional 1 percent of sales and compensating use taxes.
ACTING SPEAKER AUBRY: On a motion by Mr.
Palmesano, the Senate bill is before the House. The Senate bill is
advanced. Home Rule message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
42
NYS ASSEMBLY JUNE 6, 2023
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05346-A, Rules
Report No. 578, Santabarbara, Steck. An act providing for a taxpayer
assistance authorization for households in the County of Schenectady.
ACTING SPEAKER AUBRY: On a motion by Mr.
Santabarbara, the Senate bill is before the House. The Senate bill is
advanced. Home Rule message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05347, Rules Report
No. 579, L. Rosenthal. An act to amend the Executive Law, in
relation to the provision of informational materials on economic
abuse.
ACTING SPEAKER AUBRY: On a motion by Ms.
L. Rosenthal, 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 90th
43
NYS ASSEMBLY JUNE 6, 2023
day.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05639, Rules Report
No. 580, Magnarelli, Wallace, Conrad. An act to amend the Railroad
Law, in relation to requiring certain trains and locomotives to have a
crew size of not less than two persons; and providing for the repeal of
such provisions upon expiration thereof.
ACTING SPEAKER AUBRY: On a motion by Mr.
Magnarelli, the Senate bill is before the House. The Senate bill is
advanced and the bill is laid aside.
THE CLERK: Assembly No. A05768-A, Rules
Report No. 581, Byrnes. An act to amend the Tax Law, in relation to
authorizing the County of Livingston to impose an additional 1
percent sales tax.
ACTING SPEAKER AUBRY: On a motion by Ms.
Byrnes, the Senate bill is before the House. The Senate bill is
advanced. Home Rule message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
44
NYS ASSEMBLY JUNE 6, 2023
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05776-A, Rules
Report No. 582, J.M. Giglio. An act to amend the Tax Law, in
relation to extending the expiration of the provisions authorizing the
County of Allegany to impose an additional 1.5 percent sales and
compensating use taxes.
ACTING SPEAKER AUBRY: On a motion by Ms.
Giglio -- Mr. Giglio, the Senate bill is before the House. The Senate
bill is advanced. Home Rule message is at the desk. Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05777-A, Rules
Report No. 583, Tague. An act to amend the Tax Law, in relation to
extending the authorization for imposition of additional sales and
compensating use taxes in Greene County.
ACTING SPEAKER AUBRY: On a motion by Mr.
45
NYS ASSEMBLY JUNE 6, 2023
Tague, the Senate bill is before the House. The Senate bill is
advanced. Home Rule message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05808, Rules Report
No. 584, DeStefano. An act to amend Chapter 47 of the Laws of 1963
relating to incorporating the Bellport Volunteer Firemen's Benevolent
Association, and providing for its powers and duties, in relation to the
name and the management and control of the Association and the
usage of moneys received from foreign fire insurance companies by
the Association.
ACTING SPEAKER AUBRY: On a motion by Mr.
DeStefano, 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.)
46
NYS ASSEMBLY JUNE 6, 2023
The bill is passed.
THE CLERK: Assembly No. A05837-A, Rules
Report No. 585, Brabenec, Maher. An act to amend the Tax Law, in
relation to authorizing the Town of Goshen to impose a hotel and
motel tax; and providing for the repeal of such provisions upon
expiration thereof.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05902, Rules Report
No. 586, Kelles, Levenberg, Aubry, Kim, Woerner, Epstein, Gibbs.
An act to amend the Correction Law, in relation to establishing a
uniform electronic medical records system for correctional facilities.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A06095-A, Rules
Report No. 587, DiPietro. An act to amend the Executive Law, in
relation to including Silver Lake Outlet within the definition of
"inland waterways" for the purposes of waterfront revitalization.
ACTING SPEAKER AUBRY: Read the last section.
47
NYS ASSEMBLY JUNE 6, 2023
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06156, Rules Report
No. 588, Pheffer Amato. An act to amend the Retirement and Social
Security Law, in relation to participation in certain retirement plans by
active and retired members and staff of the New York City Council.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06165, Rules Report
No. 589, Miller. An act to amend the Tax Law, in relation to
extending the authority of the County of Madison to impose an
additional rate of sales and compensating use taxes.
ACTING SPEAKER AUBRY: On a motion by Mr.
48
NYS ASSEMBLY JUNE 6, 2023
Miller, the Senate bill is before the House. The Senate bill is
advanced. Home Rule message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
ACTING SPEAKER BARRETT: Are there any
other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06180-A, Rules
Report No. 590, Braunstein. An act to amend the Public Health Law,
in relation to death certificates.
ACTING SPEAKER BARRETT: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you, Madam Speaker. This
bill authorizes domestic partners, cousins, nephews, nieces and almost
anybody else in the world to get a copy of a death certificate. And the
reason I say anyone else in the world is even though the bill talks
about grandparents, aunts, uncles, cousins, nieces and nephews of the
49
NYS ASSEMBLY JUNE 6, 2023
decedent, there's no real practical way to establish that you're a
nephew, niece or cousin of the decedent. And so what this bill
basically is saying is that death certificates are now going to be, for all
practical purposes, publicly available. Well, that raises in my mind
some interesting privacy issues because the death certificate not only
reports the cause of death, but the addresses of the decedent and where
they were at the time of death and various other information that many
people may consider very confidential. And so if someone's spouse
dies they may not want their home address readily available to anyone
who wants a death certificate. And for those privacy reasons I will be
voting against this. Thank you, sir -- ma'am. Thank you, ma'am.
ACTING SPEAKER BARRETT: Mr. Goodell in the
negative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06258-A, Rules
Report No. 591, Eachus. An act to amend the Tax Law, in relation to
the imposition of a hotel and motel tax in the Village of Woodbury;
and providing for the repeal of such provisions upon expiration
thereof.
ACTING SPEAKER BARRETT: Home Rule
message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: The Clerk will
50
NYS ASSEMBLY JUNE 6, 2023
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. A06316-A, Rules
Report No. 592, Bendett. An act to amend the Tax Law, in relation to
extending the authorization of the County of Rensselaer to impose an
additional one percent of sales and compensating use taxes.
ACTING SPEAKER BARRETT: On a motion by
Mr. Bendett, the Senate bill is before the House. The Senate bill is
advanced. Home Rule message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: 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. A06555, Rules Report
No. 593, Jacobson. An act to amend the Tax Law, in relation to
authorizing the City of Poughkeepsie to impose a hotel and motel tax;
and providing for the repeal of such provisions upon expiration
thereof.
ACTING SPEAKER BARRETT: Home Rule
51
NYS ASSEMBLY JUNE 6, 2023
message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: 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 for an introduction.
MRS. PEOPLES-STOKES: Thank you, Madam
Speaker, for the opportunity to introduce some guests of -- of our
colleague, Mr. Phil Ramos. He has with him today Marita Landaveri,
she's the Ambassador and the General Consul of Peru in New York.
He has Vicky and William Diaz, founders of Sumaq Peruvian Food
Festival, and Misolino Silva, President of the Peruvian Long Island
Chamber of Commerce, and other distinguished guests from the
Peruvian community, and a host of Peruvian Food Festival, including
the Chef of the Year, Diego Sánchez. So would you please, Madam
Speaker, on behalf of our colleague, Mr. Ramos, welcome these
outstanding guests to our Chambers and give them the cordialities of
our floor.
ACTING SPEAKER BARRETT: Thank you. On
behalf of the Majority Leader, our colleague Mr. Ramos, the Speaker
and all of the members, we welcome this distinguished group to our
Chamber. Anything to do with food is popular amongst this group, so
52
NYS ASSEMBLY JUNE 6, 2023
we're very happy to have you here, and extend the privileges of the
floor to you and hope that you enjoy your visit here today and the
proceedings. Thank you so much. Thanks for joining us.
(Applause)
The Clerk will read.
THE CLERK: Assembly No. A06556, Rules Report
No. 594, Jacobson. An act to amend the Tax Law, in relation to
authorizing the City of Beacon to impose a hotel and motel tax; and
providing for the repeal of such provisions upon expiration thereof.
ACTING SPEAKER BARRETT: Home Rule
message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: 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. A06571, Rules Report
No. 595, Pheffer Amato. An act to amend the Retirement and Social
Security Law, in relation to modifying the retirement program for
Triborough bridge and tunnel members; to amend the Criminal
Procedure Law, in relation to clarifying the statutory peace officer
designation of certain employees of the Triborough bridge and tunnel
authority; and providing for the repeal of certain provisions.
53
NYS ASSEMBLY JUNE 6, 2023
ACTING SPEAKER BARRETT: Home Rule
message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Fitzpatrick to explain his vote.
MR. FITZPATRICK: Thank you, Madam Speaker.
This is another example of a pension sweetener that should be
negotiated. In fact, in the Governor's veto message she said what I've
been saying for the last couple of days that these benefit enhancements
should be won at the negotiating table. It is not unfair, nor is it
unreasonable to ask for the other side to put something on the table to
help offset the cost. No provision for the cost of this enhanced benefit
was provided, which means it falls heavily on the taxpayer and for this
reason I will be voting no and I urge everyone else to heed the
Governor's advice and let's do this at the negotiating table and not
through the back door. Thank you.
ACTING SPEAKER BARRETT: 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. A06604, Rules Report
No. 596, Reyes, Dinowitz, Ramos, L. Rosenthal, Joyner, Jean-Pierre,
54
NYS ASSEMBLY JUNE 6, 2023
Simon, Aubry, Stirpe, Weprin, Williams, Taylor, Santabarbara, Steck,
Paulin, Glick, Cruz, Lavine, Stern, Seawright, Rivera, Jacobson,
DeStefano, Dickens, Epstein, McMahon, Burgos, Carroll, Forrest. An
act to amend the Labor Law, in relation to protecting employee
freedom of speech and conscience.
ACTING SPEAKER BARRETT: The bill is laid
aside.
THE CLERK: Assembly No. A06667, Rules Report
No. 597, Walker. An act to amend Chapter 548 of the Laws of 2022
relating to authorizing the City of New York to discontinue the use as
parkland a portion of real property in the Borough of Brooklyn and to
transfer such lands to the Metropolitan Transportation Authority, to
enable the New York City Transit Authority to construct in such areas
new permanent at-grade station improvements and pedestrian bridges,
in relation to making technical amendments thereto.
ACTING SPEAKER BARRETT: Home Rule
message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: 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. A06693, Rules Report
55
NYS ASSEMBLY JUNE 6, 2023
No. 598, Shimsky. An act to authorize the assessor of Mount Pleasant
to accept an application for exemption from real property taxes from
Spectrum Designs Foundation, Ltd. for a certain parcel in the Village
of Pleasantville in the Town of Mount Pleasant.
ACTING SPEAKER BARRETT: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: 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. A06781-A, Rules
Report No. 599, Tague. An act to amend Chapter 672 of the Laws of
1993, amending the Public Authorities Law relating to the
construction and financing of facilities for certain public libraries, in
relation to including the Community Library in Cobleskill.
ACTING SPEAKER BARRETT: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? Please read the results.
56
NYS ASSEMBLY JUNE 6, 2023
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06833, Rules Report
No. 600, Jean-Pierre. An act to amend the Executive Law, in relation
to human rights violations by a real estate appraiser.
ACTING SPEAKER BARRETT: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: 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 carried -- passed.
THE CLERK: Assembly No. A06903, Rules Report
No. 601, Stern. An act to amend the State Finance Law, in relation to
making technical corrections to a definition for purposes of the
Excelsior Linked Deposit Program.
ACTING SPEAKER BARRETT: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
57
NYS ASSEMBLY JUNE 6, 2023
(The Clerk announced the results.)
The bill is passed.
Mrs. Peoples-Stokes for an introduction.
MRS. PEOPLES-STOKES: Thank you, Madam
Speaker, for allowing me to disturb our proceedings to introduce a
guest of Mr. Santabarbara. We are pleased to welcome Reverend
Dustin Longmire, Pastor of Messiah Lutheran Church in Rotterdam,
New York to the Chamber today. Mr. Dustin has been instrumental in
making the Town of Rotterdam and the church community more
inclusive and a more welcomed society. Madam Speaker, if you will
please welcome Reverend Dustin Longmire and extend to him the
cordialities of the House, both Member Santabarbara and I will be
very appreciative. Thank you, ma'am.
ACTING SPEAKER BARRETT: Thank you. On
behalf of the Majority Leader, the Speaker, our colleague Mr.
Santabarbara, Reverend, we welcome you to our House and to the
proceedings, and hope you enjoy them. Thank you for the important
work that you do in our region and the community here in the Capital
District, and please enjoy the cordialities of the House. Thank you for
joining us.
(Applause)
The Clerk will read.
THE CLERK: Assembly No. A07007-A, Rules
Report No. 602, Bichotte Hermelyn. An act to amend the Public
Authorities Law, in relation to modernizing the Metropolitan
58
NYS ASSEMBLY JUNE 6, 2023
Transportation Authority's small business mentoring program.
ACTING SPEAKER BARRETT: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you, Madam Speaker. It
almost seems like an oxymoron to ask the MTA, one of the largest
governmental entities in the State of New York, to provide mentoring
on a small business program. I'm supporting this even though it's the
MTA, which is a very large organization which doesn't have a great
reputation for efficiency, apparently now helping small businesses
with mentoring. I wish them the best of luck. I hope the small
businesses can help mentor the MTA and improve their operations.
Thank you.
ACTING SPEAKER BARRETT: Mr. Goodell in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07043-A, Rules
Report No. 603, Fahy. An act to amend the Vehicle and Traffic Law
and the Public Officers Law, in relation to establishing a school speed
59
NYS ASSEMBLY JUNE 6, 2023
zone camera demonstration program in the City of Albany; and
providing for the repeal of such provisions upon expiration thereof.
ACTING SPEAKER BARRETT: Home Rule
message is at the desk. Read the last section.
THE CLERK: This act shall take effect on the 30th
day.
ACTING SPEAKER BARRETT: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you, Madam Speaker. This
is the third speed camera bill we've had today. As with the first two, it
imposes liability on the owner of the car, not the driver. It's designed
to take pictures of only the car and not the driver, so the -- the owner
cannot prove that he wasn't driving. It imposes liability on the owner
even if the car was stolen, unless the owner had the good fortune of
reporting the theft before the speed camera occurred. It doesn't give
the owner the right to due process, can't examine the camera. The
camera is only calibrated once a year. The fine for blowing through a
speed zone is only $50, with the possibility of 75 if you're a multiple
violator. The speed that you can blow through a school zone is ten
miles an hour above the base speed limit, which means after doing the
regular speed limit, you don't have to slow down at all and you can
still blow through the speed zone. And for all those reasons and the
ones that have been mentioned by my colleague earlier, which I hope
60
NYS ASSEMBLY JUNE 6, 2023
they don't feel the necessity to repeat, I will be voting no. Thank you.
ACTING SPEAKER BARRETT: Mr. Goodell in the
negative.
Ms. Fahy to explain her vote.
MS. FAHY: Thank you, Madam Speaker. I rise to
explain my vote on this legislation. This legislation was brought to
me at the request of the City of Albany, particularly because of a
recent study that showed a rather stunning number of problems in
front of the Albany -- the host of Albany school zones. We have
about 47 schools in the City of Albany between public and private. In
a four-year study by the Chicago -- by the Albany Police Department,
as well as the Capital Region Crime Analysis Center, they reported
issuing 1,700 speeding tickets -- or speeding incidences, as well as
11,000 reported vehicular accidents in the school zones in just that
four-year period. It resulted in 2,100 injuries and 11 fatalities, five of
which were pedestrians, five pedestrian fatalities just in front of
school zones.
So these have been alarming numbers. We know
since the pandemic, speed, speeding drivers and the roads have
become just more dangerous and we know that from data throughout
the State. So I was happy to work with the City of Albany in doing
this, and we also know that speed cameras in front of school zones
work. We have seen a -- the CDC, the Center for Disease Control, of
all places, have done a study and shown that there's been a 72 percent
drop in the average speed and an eight percent drop in the number of
61
NYS ASSEMBLY JUNE 6, 2023
injuries when we have these speed cameras in front of schools. So
with that, I vote in the affirmative and I thank you, Madam Speaker.
ACTING SPEAKER BARRETT: Ms. Fahy in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A04793, Rules Report
No. 206, McGowan. An act to amend the Highway Law, in relation to
designating a portion of the State highway system as the "Doc Schelin
Memorial Highway"
(Pause)
ACTING SPEAKER BARRETT: The Clerk will
read.
THE CLERK: Assembly No. A07200, Rules Report
No. 604, Shrestha. An act to amend the Tax Law, in relation to hotel
and motel taxes in Ulster County.
ACTING SPEAKER BARRETT: The Home Rule
message is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
62
NYS ASSEMBLY JUNE 6, 2023
The bill is passed.
THE CLERK: Assembly No. A07209, Rules Report
No. 605, L. Rosenthal. An act to amend Chapter 514 of the Laws of
1983 amending the Private Housing Finance Law and the Real
Property Tax Law relating to the powers of the New York State
Housing Finance Agency and the New York City Housing
Development Corporation to finance certain multi-family housing, in
relation to the effectiveness thereof; to amend Chapter 396 of the
Laws of 1984 amending the Private Housing Finance Law and the
Real Property Tax Law relating to the powers of the New York State
Housing Finance Agency to finance certain multi-family housing, in
relation to the effectiveness thereof; to amend Chapter 915 of the
Laws of 1982 amending the Public Authorities Law relating to the
powers of the State of New York mortgage agency, in relation to the
effectiveness thereof; to amend the Public Authorities Law, in relation
to the powers of the State of New York mortgage agency; to amend
Chapter 555 of the Laws of 1989 amending the Public Authorities
Law and other laws relating to establishing a New York State
infrastructure trust fund, in relation to the effectiveness thereof; to
amend Chapter 172 of the Laws of 2002, amending the Public
Authorities Law relating to the powers of the State of New York
mortgage agency, in relation to the effectiveness thereof; to amend
Chapter 208 of the Laws of 2010 amending the Public Authorities
Law relating to the powers of the State of New York mortgage
agency, in relation to the effectiveness thereof; and to amend the
63
NYS ASSEMBLY JUNE 6, 2023
Chapter of 246 of the Laws of 2010 amending the Public Authorities
Law relating to the powers of the State of New York mortgage
agency, in relation to the effectiveness thereof.
ACTING SPEAKER BARRETT: 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. A07293, Rules Report
No. 606, Bronson, Lupardo, Kelles. An act to amend the Alcoholic
Beverage Control Law, in relation to authorizing the manufacture of
beer, spirits, cider, wine and mead at the community college in
Broome County and Cornell University acting on behalf of the New
York State College of Agriculture and Life Sciences and the New
York State Agricultural Experiment Station.
ACTING SPEAKER BARRETT: On a motion by
Mr. Bronson, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER BARRETT: 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.)
The bill is passed.
THE CLERK: Assembly No. A07295-A, Rules
64
NYS ASSEMBLY JUNE 6, 2023
Report No. 607, Bichotte Hermelyn. An act to amend the Executive
Law, in relation to the maximum number of employees that a
Minority- and Women-Owned Business Enterprise may have during a
declared State disaster emergency or other emergency or critical need.
ACTING SPEAKER AUBRY: On a motion by Ms.
Bichotte Hermelyn, 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. A07365, Rules Report
No. 608, Paulin. An act to amend the Public Health Law, in relation
to licensure requirements and reimbursements for certain home health
services.
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.)
65
NYS ASSEMBLY JUNE 6, 2023
The bill is passed.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. On behalf of our colleague, Mr. Zebrowski, I'd like to
introduce Patricia Zippilli, just retired after 20 years of service as the
Commissioner of Jurors in Rockland County. She was a vital part of
the legal community expertly running the jury department so that trials
could be held fairly and efficiently. She's also served on the Board of
the YMCA and the Family Court Children's Advisory Committee.
She is joined by her daughter, Cindy, her son-in-law Angelo, and her
granddaughter, Julia. Mr. Speaker, on behalf of our colleague, Mr.
Zebrowski, would you please welcome this retiring young lady and
her family to our Chambers.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Zebrowski, the Speaker and all the members, we welcome you
here to the New York State Assembly, extend to you the privileges of
the floor. Our thanks and congratulations for the years of public
service that you provided. Know that you are always welcome here
and always appreciated, both in Rockland County and in this place of
government here in Albany. Thank you so very much.
(Applause)
The Clerk will read.
THE CLERK: Assembly No. A07366, Rules Report
No. 609, Hevesi. An act to amend the Social Services Law, in relation
to updating the mandated reporter training to include how to identify
66
NYS ASSEMBLY JUNE 6, 2023
an abused or maltreated child with an intellectual or developmental
disability.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the 365th
day.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07425, Rules Report
No. 610, Reyes. An act to amend Chapter 2 of the Laws of 1998,
amending the Public Health Law and other laws relating to expanding
the Child Health Insurance Plan, in relation to the effectiveness
thereof.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07478-A, Rules
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Report No. 611, Levenberg. An act to amend the Public Officers Law
and the Village Law, in relation to residency requirements for the
Village Clerk/Treasurer and the Deputy Clerk for the Village of Cold
Spring.
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. A07669, Rules Report
No. 612, Bores, Buttenschon, Lavine, Burdick. An act to amend the
Judiciary Law, the Family Court Act, the New York City Criminal
Court Act and the New York City Civil Court Act, in relation to
increasing the number of judges in courts.
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. Goodell.
MR. GOODELL: Thank you, sir, to explain my vote.
I am supporting the increase in the number of judges in certain
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judicial districts of this bill. They are undoubtedly needed based on
all the bills that we pass every year that make New York more and
more complicated, and the need for more judges. And I would hope,
in particular, that this will enable more judges to be assigned to
housing court to assist with the current backlog, which is very
substantial, and to deal with other housing issues that could be of
benefit to both landlords and tenants, such as the ERAP Program, the
LRAP Program and other programs that benefit both parties. So I am
certainly supporting this, although I'm not surprised that we're adding
judges based on the number of bills we pass, and I hope those will be
appropriately assigned to help clear up some of this backlog. Thank
you, sir.
ACTING SPEAKER AUBRY: Thank you. Mr.
Goodell in the affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. If colleagues could bring their attention to our debate
calendar, we're going to start on page 2 with Rules Report No. 478 by
Ms. Darling; then we're going to Rules Report No. 411 by Mr. Taylor;
back to page 1, we're going to go to Rules Report No. 196 by Ms.
Paulin -- I'm sorry, Ms. Glick; followed by No. 246, Ms. Paulin; Rules
Report No. 255, Mr. Lavine; and then we're going to go to Rules
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NYS ASSEMBLY JUNE 6, 2023
Report No. 264 by Ms. Rajkumar. In that order, Mr. Speaker. Thank
you.
ACTING SPEAKER AUBRY: Thank you, Mrs.
Peoples-Stokes.
Page 19, Rules Report No. 478, the Clerk will read.
THE CLERK: Assembly No. A07393, Rules Report
No. 478, Darling. An act to amend Part FFF of Chapter 59 of the
Laws of 2018, amending the Public Health Law relating to authorizing
the Commissioner of Health to redeploy excess reserves of certain
not-for-profit managed care organizations, in relation to the
effectiveness thereof.
ACTING SPEAKER AUBRY: An explanation is
requested, Ms. Darling.
MS. DARLING: Thank you, Mr. Speaker. This bill
would extend Section 4416 of the Public Health Law which deals with
the reserves of health maintenance organizations in the event of a sale,
conversion, or transfer.
ACTING SPEAKER AUBRY: Mr. Jensen.
MR. JENSEN: Thank you, Mr. Speaker. Will the
sponsor yield for some questions?
ACTING SPEAKER AUBRY: Ms. Darling, will you
yield?
MS. DARLING: I'll yield.
ACTING SPEAKER AUBRY: Ms. Darling yields,
sir.
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MR. JENSEN: Thank you, Ms. Darling. What is the
justification for extending the sunset date of 2023 to 2025?
MS. DARLING: Though the Department of Health
is not aware of transactions that would -- that would apply under this
law, giving DOH the authority to review HMO transfers and ensure
adequate reinvestments into the health care community in the event of
a conversion remains important. If a sale must move quickly or the
sale happens outside of the purview of the budget where an agreement
can be negotiated during that time, say the summer when we are not in
Session, this allows the Department of Health to see the financial
records of these large, billion dollar entities and be time-sensitive and
remain critical to the State.
MR. JENSEN: Did the Commissioner or the
Department of Health request an extension of the sunset date?
MS. DARLING: Yes, they did.
MR. JENSEN: They did. Well, it's -- it's interesting
that they would extend -- they would ask for that extension because
from my understanding that this original provision was included in the
2018 budget for a very specific purpose, and that was in connection
with the sale of Fidelis Care to Centene and was focused specifically
on that individual transaction. As part of that transaction, the State
had allocated a significant portion of the proceeds from the sale to be
deposited into a newly-established health care transportation fund,
which was subsequently followed in a new sub-part of that budget
language. An additional sub-part proposed that (inaudible) the
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authority of DOH to ensure that the transaction went smoothly, and
that the members were migrated from one plan to the other. The
transaction happened in July after that budget of 2018. Because
everything went according to plan, there were no problems, DOH
never implemented any of the rules or regulations provided in the
subsequent sub-part. So my question is because the original budget
language was for a one-off event, why are we extending a sunset date
for something that does not affect the same situation presently?
MS. DARLING: As long as the fund exists, this
extender or this bill should exist, as well, to ensure that if another
conversion or transfer happens, that the State is able to reinvest in our
community.
MR. JENSEN: Okay. But the original budget
language doesn't say "all" not-for-profit plans, it says "certain." It was
specifically drafted for a one-off event. So with your explanation that
we're applying it to any potential merger, that's inconsistent with the
original authorizing language that the Legislature approved in 2018
through the budget.
(Pause)
MS. DARLING: So this is not for every transaction
that may happen, but if one did happen in the future, the DOH is
authorized to be able to look at the finances and determine how they'd
want to proceed.
MR. JENSEN: Doesn't DOH already have that
power, or DFS have that power to assess the viability of insurance
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plans in the State? Wouldn't that already be covered through another
section of State law?
MS. DARLING: Not when it comes to taking
proceeds and depositing it into the specific fund.
MR. JENSEN: So within the next two years, is there
an expectation from DOH that there's going to be another --
MS. DARLING: Not necessarily, but if one occurs
this extender would allow DOH to intervene.
MR. JENSEN: Okay. Thank you very much, Ms.
Darling.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, Mr.
Jensen.
MR. JENSEN: Certainly, I respect the sponsor's
want to be proactive in the event something may happen in the future,
the language that we're extending today was specifically drafted for a
one-off event, and it is seemingly not needed at this time to extend the
sunset date for something that was completed in July of 2018. And
for that reason, I will not be supportive of this legislation. Thank you,
Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you, sir.
Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: A Party vote has
been requested.
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Mr. Goodell.
MR. GOODELL: Thank you, Mr. Speaker. The
Republican Conference is generally opposed to such legislation.
Those who support it can certainly vote in favor here 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 going to be in favor of this piece
of legislation.
ACTING SPEAKER AUBRY: Thank you.
The Clerk will record the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 15, Rules Report No. 411, the Clerk will read.
THE CLERK: Senate No. S07157, Rules Report No.
411, Senator Breslin (Taylor--A07357). An act to amend Chapter 490
of the Laws of 2017 amending the Insurance Law relating to limits on
certain supplementary insurance, in relation to the effectiveness
thereof.
ACTING SPEAKER AUBRY: An explanation is
requested, Mr. Taylor.
MR. TAYLOR: Thank you, Mr. Speaker. This bill
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extends until June 30th, 2026 provisions of the Insurance Law that
allow for the sale of supplemental uninsured and underinsured
motorist insurance in an amount equal to the bodily injury liability
limits of an insured's auto policy.
ACTING SPEAKER AUBRY: Mr. Blankenbush.
MR. BLANKENBUSH: Thank you, Mr. Speaker.
On the bill.
ACTING SPEAKER AUBRY: On the bill, sir.
MR. BLANKENBUSH: Just briefly for those who
are not familiar with uninsurance -- underinsurance or underinsurance
or uninsurance. In the State of New York you're required to -- to carry
25,000 to 50,000 and $10,000 of property damage on your automobile
insurance. You're also required under uninsurance and
underinsurance that that same amount of 25,050. That protection
comes into play if you're involved in an accident and the person who
hit you or is involved in that accident has no insurance or has low
limits of coverage, your policy will pick up the difference.
Now, we in the insurance industry or -- that I've done
all my life, we've always recommended that you cover as much
uninsured -- underinsured coverage as you do in your whole liability
package for someone else. So it's a good idea, it's a great idea and
we've always encouraged that. The problem that -- what this bill does,
it takes it out of the hands of the consumer. So even when we sit
down with people and recommend that they do the coverages, it's up
to them if they want to pay the extra premium for that coverage. So
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again, it's a great idea.
The concern I have with this is, for example, with
online coverages, people sitting down on their computer, putting in
coverage to buy insurance, they will automatically put the higher
limits on the coverage of their policy, whether they want it or whether
they don't want it. Also, if you call the 800-numbers, you're sitting in
your office and you dial an 800-number, you want to buy insurance
over the phone or you want to buy insurance over the computer, the
coverage will automatically be the higher limits. Again, I recommend
higher limits. But the problem is we're taking it out of the hands of
the consumer. The consumer is the one purchasing the insurance, he's
the one, or she's the one, that should be making the decision if she
wants -- he or she wants that higher coverage. It's a great idea, I'm not
against increasing limits. We've tried to -- I've tried to do that all my
life, sitting down with clients. But I still think that the problem is
we're taking it out of the hands of the consumer.
So I believe that with this policy, with this increase,
the increasing of the limits, this should be an opt-in and not an opt-out
so that it gives the consumer the right to do one or the other. If you
increase the limits, the consumers are going to have to realize that
their premiums are going to go up, and it's not really that much, but
they will increase their premiums, but they're the ones that should be
making the decision, Mr. Speaker, that's why I will not be supporting
it. It's a great concept, but I would rather have it an opt-in rather than
an opt-out. Thank you, Mr. Speaker.
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ACTING SPEAKER AUBRY: Thank you, sir.
Mr. Blumencranz.
MR. BLUMENCRANZ: Thank you, Mr. Speaker.
Will the sponsor yield?
ACTING SPEAKER AUBRY: Mr. Taylor, will you
yield?
MR. TAYLOR: Yes, I will. Thank you.
ACTING SPEAKER AUBRY: Mr. Taylor yields,
sir.
MR. BLUMENCRANZ: Mr. Taylor, so how would
the process go about for new policy holders to opt out of the
uninsured/underinsured?
MR. TAYLOR: That would require them to sign a
written waiver.
MR. BLUMENCRANZ: And it would be up to say,
their broker or, let's say they buy a click-through policy, like a
GEICO, it would be like a page they would click through?
MR. TAYLOR: Yes. The insurance would do the
providing.
MR. BLUMENCRANZ: Okay. All right.
On the bill.
MR. TAYLOR: Thank you.
MR. BLUMENCRANZ: Thank you.
Personally, like many people here in New York, I
have experience an auto accident. I was unfortunately t-boned myself
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at an intersection in my district on Long Island. The person who did
so had no insurance. Luckily I did have uninsured/underinsured. I
think a lot of people who purchase insurance today don't know that
this is a very important coverage; yet, I'm not sure whether or not it is
the job of our government versus our consumers and their brokers
who they should entrust in purchasing these policies to make that
decision for them. And for that reason, I will be in the negative.
Thank you very much.
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. Goodell to explain his vote.
MR. GOODELL: Thank you, sir. If this bill does not
pass, any consumer who wants to buy more insurance can most
assuredly do so. And I can assure you, as my colleagues have
mentioned, that their brokers will do their very best to sell you more
insurance. That's their business, that's how they make money, and I
have never found an insurance broker who recommended I carry less.
They'll always recommend you carry more. But what this bill does, it
says that you automatically buy more unless you take the effort to opt
out. And so if you want consumers to have more control over their
cost and let them decide what level they want and opt in, if you want
them to be able to opt in, you'll opt out of this bill. But if you don't
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want them to have to opt out, then you'll support this bill. Thanks to
my colleagues and thanks to my insurance back row here that helps in
-- and my colleague, Mr. Blumencranz, to help explain this to me. For
the reasons I mentioned, I think it's better to let the agents convince
you you need more insurance than for you to figure out on your own
that you don't need to pay the extra premium. And so in an effort to
help my consumers keep their costs lower, I'll be voting no. Thank
you, sir.
ACTING SPEAKER AUBRY: Thank you, Mr.
Goodell.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 7, Rules Report No. 196, the Clerk will read.
THE CLERK: Senate No. S01725-A, Rules Report
No. 196, Senator Harckham (Glick, Kelles, L. Rosenthal, Simone,
Steck, Reyes, Simon, Jacobson, Levenberg--A04601A). An act to
amend the Environmental Conservation Law, in relation to the
protection of certain streams.
ACTING SPEAKER AUBRY: An explanation is
requested, Ms. Glick.
MS. GLICK: Thank you, Mr. Speaker. The bill
would reclassify Class C waterways as streams for the purpose of
requiring certain permitting, as we do with Class A and Class B
streams. It further provides that the soil and water conservation
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districts that currently have a memorandum of understanding with the
Department establishing their plan of operation are not required to
pursue the permits in the same way. Let me further state that I think
that the most recent decision by the Supreme Court that limited the
Federal oversight of certain waterways makes this all the more
important for the State to take action. One of the liberal justices,
Justice Kavanaugh, indicated that he dissented from that opinion in
part because of the concern for undermining water quality, particularly
drinking water quality. It's important for these streams to be protected
because they reduce flooding, they filter water and recharge our
drinking water. So it is important that they receive the same level of
protection as A and B streams.
ACTING SPEAKER AUBRY: Mr. Palmesano.
MR. PALMESANO: Yes, Mr. Speaker. Will the
sponsor yield for some questions?
ACTING SPEAKER AUBRY: Ms. Glick, will you
yield?
MS. GLICK: Certainly.
MR. PALMESANO: Thank you, Ms. Glick. Last
year the Governor vetoed this legislation citing several concerns that
I'll mention here. One, it would be a tremendous fiscal impact for
State and local governments. Two, it would double DEC's existing
planning and oversight role. Three, it would add approximately
40,000 miles of Class C streams over and above the current 36 miles
of A and B streams which support -- are subject to DEC permitting.
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Four, it would require significant addition of DEC staff without
funding, and five, it also would result in lengthy permitting delays and
jeopardizing thorough review and important delays in (inaudible)
projects. Does your bill address any of those concerns that the
Governor laid out in her veto message least year?
MS. GLICK: Well, that was last year and this year in
the budget, the DEC has received, I believe the number is an
additional 243 lines for new personnel. So I think that addresses the
concern of not having sufficient personnel. I think that the -- allowing
our soil and water conservation districts to operate just through an
MOU with the Department reduces a lot of the concern about the
additional work related to permitting and any possible delays, because
I think they work very closely with most of our highway departments
and localities.
In addition, I would say that while there is some cost
to ensuring that these streams, which are vital to our fisheries and
recreation, and the recharging of our drinking water and ground water,
that it is also one of the values is that they slow down the velocity of
water and reduce flooding, as well as filtering pollutants. So I think
that it is very important, considering that we had faced substantial
flooding that's very costly to all of the localities, that we are actually
potentially saving resources.
MR. PALMESANO: Sure, I can understand. Now,
in your sponsor's memo it says there's no fiscal implications to the
State. Are you still adhering to that this has no fiscal implications to
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the State?
MS. GLICK: Well, I believe that we've already
addressed that by adding substantial, in the budget, adding substantial
personnel to DEC.
MR. PALMESANO: And right now, if the DEC
chose, if they wanted to upgrade Class C streams and require this
permit process, they have the ability to do so through the evaluation if
they thought it was necessary under their expertise and guidance, they
could do that right now if they so choose, correct?
MS. GLICK: Well, there are -- yes, they -- they
could do that if they so chose. We think that it's important for us to
take a step, particularly in view of the Supreme Court action that has
undermined the Federal oversight of similar waterways. So I think
that in our State where we've seen this substantial flooding, we should
be doing this.
MR. PALMESANO: Relative to that Federal
lawsuit, that Federal lawsuit did not assert any jurisdiction over Class
C streams, correct?
MS. GLICK: Well, what it did was it had to do with
wetlands and said that they had to be contiguous - I believe the word
was contiguous - to -- or continuous to existing waterways. And in
many instances, a lot of our Class C streams are, in fact, near if not
continuous to C streams.
MR. PALMESANO: So on that point, though, it's
contiguous to a navigable water, not a stream which is unnavigable.
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MS. GLICK: Well, these streams allow for
recreation, including boating.
MR. PALMESANO: Okay, all right. On that
question, too, you mentioned about soil and water conservation
districts. I mean, right now they provide significant benefits in
oversight of these streams right now. Is it your contentious [sic] now
that any work that soil and water conservations do, they will not
require a permit process for a Class C stream?
MS. GLICK: As long as they have an existing MOU
with the Department, that -- that is, in fact the case. So we think that
the cost is dramatically reduced by allowing them not to go through.
MR. PALMESANO: Was this a change in the
legislation from last year?
MS. GLICK: Yes.
MR. PALMESANO: Yes? Okay. And right now,
what's the average time frame for an Article 15 permit?
MS. GLICK: Well, I suppose that it depends on a
few things. One, where the stream is located and what the proposed
work that is involved. I suppose it could be fairly short, but if it is an
extensive amount of work being engaged in, then it could take a
longer period of time.
MR. PALMESANO: Right. So this really -- your
bill with actually adding 40,000 miles of streams would basically
increase the volume of permits needed by about 40 to 50 times as far
as the number of applications under this process, wouldn't it? And
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that could delay it up to another 33 months?
MS. GLICK: Well, not if half of those are work that
would be done in conjunction with our soil and water conservation
districts. So I think that it's maybe a little bit hard to predict but I
think that by making that change, we've made a dramatic reduction in
the amount of time and money that's involved.
MR. PALMESANO: Yeah, I was -- last I knew
relative to this legislation that the soil and water conservation districts
(inaudible), I had a number of other entities that had some concerns
which I'll bring up to you in a minute. Have you discussed this
legislation -- I mean obviously I would assume you have discussed
this legislation with our soil and water conservation districts?
MS. GLICK: Well, we heard their concerns and we
made a change to the legislation based on the concerns that they raised
and what they felt would work for them, so yes.
MR. PALMESANO: What about our -- our highway,
county and town highway superintendents? Have they -- (inaudible)
over a number of Class C streams in their building out of culverts.
What about a conversation with them --
MS. GLICK: No.
MR. PALMESANO: -- because they've expressed
opposition to this legislation as well.
MS. GLICK: I don't believe that we've had -- I don't
believe we've had a direct conversation with them, although in many
instances a lot of that, as I said before, is in conjunction with the soil
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and water conservation district.
MR. PALMESANO: What about our -- what about
like the Farm Bureau or the agriculture community, they have
opposition to this legislation because they're very concerned about,
you know, being able to, you know, clear out the -- the waterways and
protect their crops in case of situations. What about the Farm Bureau
because I know -- our agriculture community have expressed
continued opposition to this bill over the past several years as well.
MS. GLICK: Well, you know, I'm a little surprised
because currently, farmers do enjoy special dispensation that's
codified in law when it relates to reclassifications and exemptions,
that are, you know, the soil and water conservation districts do work
with them if they are putting things over steams in order to have
livestock not enter streams and the like. So I think they may not have
looked at this as closely and just assumed it was the same bill as last
year.
MR. PALMESANO: All right. What about our --
what about the utilities? I mean utilities are required sometimes to do
work, especially emergency work but also now with obviously
CLCPA and changes being made in requirements on that force. What
about any conversations with the utilities on how this would impact
their operations?
MS. GLICK: No, but I think that --
MR. PALMESANO: -- that's fine -- hold on. I'm
sorry. I didn't want to interrupt you. So you said -- I understand.
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What about the Empire State Forest Products Association who have
concerns about managing their forest and being able to be responsible
for timber harvest who also have expressed opposition to this
legislation and the concerns and the impact for them and their
operations?
MS. GLICK: Well, I think they work frequently with
private landowners and they already have the ability to make minor
modifications so I'm not really sure. I haven't seen the memo, if there
is one, so I can't speak directly to what their concerns could be, but I --
I don't think that that is a substantial impact on the work that they do.
MR. PALMESANO: Okay. Thank you, Ms. Glick.
I appreciate it.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, sir.
MR. PALMESANO: Yes. This bill has been vetoed
several times by the Governor. I have some concerns from a number
of issues, obviously if you want to talk about certainly the impact it
had on a number of important organizations and agencies. Number
one, our local town and county highway superintendents, the potential
cost impacts for doing work over culverts I think is very concerning as
far as delays. You know, they cited -- there was one example cited
that you turn a $90,000 culvert project into $1 million project because
of the permits that would be required and the challenges that would be
needed on that point. And we know our highway superintendents
already have costly burdens already. We know this year they're --
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they're dealing with inflationary costs of over 20 percent, you know,
their steel products are up 113 percent, diesel is up over 50 percent,
plastic is up over 35 percent. There are highway superintendents
which are basically our local property taxes face that. I know we talk
about the soil and water conservation districts. Last I know the soil
and water conservation districts had strong reservations about this
legislation as far as how they might be impacted by this permit
process as far as delays and work they have to do so I definitely need
to hear more from that perspective as well, so I still have concerns
there. Certainly our farmers and their ability to quickly clear the
waterways and deal with their crops I think is important. You know
they don't really have the extra time to wait around to protect their
crops from nature's elements. They have to be able to work and get in
there in a quick and timely manner. This Body we already know has
put a tremendous burden on our agricultural community already with
issues like the Farm Labor Bill and also the CLCPA, so I don't think
we need to put more challenges and restrictions on our farmers and
their ability to take care of the work they need to do. I mentioned the
utilities. I know a lot of the time we talk about the utilities on this
floor, we talk about energy prices. But I think given the work that our
utilities need to do to get into certain areas, they have to do those
quickly to ensure resiliency and reliability of the grid for their
customers and also to protect our ratepayers. And I think, you know,
especially when there's power outages that can come up especially in
our rural areas. And on top of it with the CLCPA, they're going to
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have to do with those challenges as well. And again, on the Empire
State Forest Products, you know, they have to be able to get the
opportunity. We don't want them to hinder their ability to manage
reports and get responsible timber harvest. Certainly it's number six,
the DEC which has expressed through the Governor their opposition
and concern about this with the veto, I believe. You know, we're
talking about more staff, more resources, costly delays on important
projects. And certainly the taxpayers of the State who are going to
have to foot the bill on this. So those are seven organizations, that's
work that they do I believe and our side believes it would negatively
be impacted by this expansive, time-consuming and burden [sic] and
costly bill, and it's not really necessary. So I would definitely urge my
colleagues to -- to look at this a little closer before voting yes for it
because there's too much at stake. And I guess what I'll end with is
comments from the Governor. And I don't believe and I don't agree
with the Governor on much, but I agree with her comments on this
legislation so... and she said while well-intentioned, this bill would
have a tremendous fiscal impact on State and local government, it
would add more than double DEC's existing planning and oversight
role adding approximately 40,000 miles of Class C streams over and
above the 36,000 miles of streams Class A and B subject to DEC
permitting authority currently. The workload on DEC alone
associated with reviewing, issuing and enforcing permits associated
with the disturbance of these resources cannot be accomplished
without adding significant numbers of full-time staff. Moving forward
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with such a significant expansion of the DEC's water program without
addressing the funding needs will lead to lengthy permitting delays
and jeopardizing and the thorough and necessary review of all
projects. I'll go on to say - and I think -- I think that sums it up pretty
good. This is too costly, it's not necessary, it's burdensome, it's
overregulation, it's not needed. Let our soil and water conservation do
the jobs they can do. And I think just having more and more
restrictions on them and doubling -- increasing our streams in the
State by 40,000 streams is a significant impact, a significant growth, a
significant overstretch and overreach by this Body to pass this
legislation. The Governor vetoed this bill -- vetoed by the Governor
the last several years and it's my hope that if this bill passes and goes
to the Governor that she'll veto again to protect our taxpayers, our
property taxpayers and our local highway superintendents and all of
those organizations that do such important work in this State. So for
that reason, Mr. Speaker, I will be voting no and urge my colleagues
to do the same. Thank you.
ACTING SPEAKER AUBRY: Thank you.
Mr. Simpson.
MR. SIMPSON: Thank you, Mr. Speaker. Would
the sponsor yield?
ACTING SPEAKER AUBRY: Ms. Glick, will you
yield?
MS. GLICK: Certainly.
ACTING SPEAKER AUBRY: Ms. Glick yields, sir.
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MR. SIMPSON: Thank you. In your prior
discussion you mentioned the 240 FTEs that were included within the
budget to the DEC. Do you know how many of them are actually
allocated to regulatory enforcement of this regulation?
MS. GLICK: No. We did try to minimize that by
including the soil and water conservation districts, limiting their time
it might take for them to apply for a permit. As long as they have
established a memorandum of understanding with the Department,
they would not have to go through that so we think that a lot of the
different organizations that say they're impacted work locally and
would be working with the soil and water conservation folks. And so
we think it is reduced dramatically from what the Governor
understood last year. So reading last year's veto message is all well
and good, but not filtering that through the fact that today this bill is
different is I think disingenuous. But I would say that since we do,
Class E streams feed into Class A and B streams which are under
current protection. We might be spending less dollars there if we are
in fact making the proper protections on the Class C streams.
MR. SIMPSON: Well, one of the reasons I brought
that up is because I can remember in the budget testimony that the
reason why we needed those FTEs, those 240 FTEs, whatever it was,
is because of the Bond Act that was passed and implementing that --
that program and the projects. I don't ever recall anything about, you
know, additional staff to lessen the burden that's already on the staff
now. A lot of these permits take as long as a year or more, eight
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months to a year to apply for. Now if you introduced 40,000 miles of
streams, you're impacting the ability of a landowner that owns a small
lot that wants to log their property, that currently they can consult with
our soil and water districts for advice on how to do that. There's
already a process for stream crossings. I mean this is going to really
further impact, you know, an industry that's already been negatively
impacted by a lot of other factors. But, I don't see this as reducing the
time to acquire a permit or to comply. I see this as just another layer
that's going to make it even more difficult for property owners and
people that live in areas that are -- that are abundant with these
streams such as in the Adirondack Park.
MS. GLICK: Well, I -- I -- I just disagree. I think
that having the protection over some of the smaller streams actually --
you know, water is -- if you look what's gone on around the country
and what's impacted us in terms of climate change, I -- I would say
that the number of people who have been added to the DEC was not
strictly for the Bond Act but also for CLCPA, some of which -- some
of which envisioned making certain that our water resources were
protected. And this is in fact a part of ensuring that we protect water
sources. These smaller streams impact groundwater, reduce the
velocity of water in flooding situations that may in fact save dollars
because we're not seeing roads washed out in some areas. So I see
this as continuing to ensure that the work that we want to do to
preserve our water resources, protect the environment, ensure that --
you know, look. Some of these are trout streams but they're not the
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only species that relies on them. So I think that this is about water
resources, but other natural resources as well.
MR. SIMPSON: So I don't disagree with you on how
important it is to protect our waterways, but what I'm talking about is
the highway department that experiences a major weather event,
they're trained in dealing with these waterways, they know how to
deal with the issue but now they're going to be saddled with the extra
burden of this is a permanent waterway -- and I can tell you in the
Adirondack Park -- hold on, please, in the Adirondack Park it's a
complicated situation. You not only have DEC, you've got APA regs,
you've got -- I mean there's such a heightened, heightened awareness
of the regulations and the -- and the -- the issues that we have to deal
with, that area, to add this in there I can predict that we're going to
have more complications and longer permitting times than we already
currently have.
MS. GLICK: Mr. Simpson, to that point I would say
to you that we've seen floods that have effected - and I've been here
long enough to remember 2006 - flood that effected 17 counties. And
what the State did was emergency declaration completely obviated all
permitting requirements and immediately permitted bulldozers to go
into streams and so forth in order to repair culverts, repair bridges that
were lost. So in those extreme weather circumstances I believe that
the responsible thing that has been done and will continue to be done
would be to provide an emergency declaration that permits the
operation of emergency repairs without going through a specific
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permitting process.
MR. SIMPSON: So do you envision smaller events,
not, you know, major flooding that you talked about, but, you know,
some of the storms that frequent, you know, the region that I
represent, some of them aren't even noticeable by other towns. You
could have a five inch rainstorm which we've had, five inch rainstorm
that inundates our dam, you know, on a -- on a lake within our town,
are we going to be able to, as a town, be expected to call a state of
emergency so that they can act and maybe supersede these regs or are
they going to have to contact DEC and say hey, we asked the
Governor to give us authorization? I mean...
MS. GLICK: I believe that this will -- if -- if these
streams are protected, I actually believe that the ability to absorb and
slow down the velocity of water in those circumstances may be the
positive impact of ensuring that we protect these waterways.
MR. SIMPSON: But that doesn't speak to the permit,
the regulatory part of that. You know, you're changing the -- this
particular change in law is going to require a permit to do anything to
disturb that stream. So if there's a weather event, five inches of rain
and there's damage that has changed that stream in some way, you
know, is there going to be an expedited permitting process or authority
given to communities --
MS. GLICK: We can certainly talk to DEC about
that.
MR. SIMPSON: Okay. Thank you.
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MS. GLICK: Thank you.
MR. SIMPSON: Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you, sir.
Mr. Manktelow.
MR. MANKTELOW: Thank -- thank you, Mr.
Speaker. Would the sponsor yield for a question?
ACTING SPEAKER AUBRY: Ms. Glick, will you
yield?
MS. GLICK: Sure.
ACTING SPEAKER AUBRY: Sponsor yields.
MR. MANKTELOW: Thank you, Madam Glick. I
want to look at this from the practicality part of this. If I'm a farmer
and I want to clean one of my -- my small ditches, creeks, whatever
you want to call it, tell me how that process would work once this
passes.
MS. GLICK: Well --
(Pause)
-- obviously it would depend on the size of that
stream. Class C streams are streams that are already -- a Class C
stream is large enough for fishing and fisheries themselves and
non-contact activities like boating. So I suppose it would depend on
how large the stream is. A lot of places have rather small streams.
You know, is it a stream? Is it a brook? And how large is the stream.
If it's a large enough stream and there's been some regular
modification that has existed in the past, they -- those -- those
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modifications that have existed would not be effected. If they need to
do some additional modification they might need to get a permit but it
depends on the size of the stream. A lot of people have water on their
property but it doesn't qualify as a Class C stream.
MR. MANKTELOW: So who would determine that
size, whatever that size is, and how long would it take a farmer -- let's
say I want to do something in the stream tomorrow. How long will it
take me to get an -- an answer from DEC to -- to give me that
classification or size?
MS. GLICK: Well, it's my understanding that they
have an online tool that provides information as to -- there's an online
tool that includes a map of what is a Class A, a Class B, a Class C and
I think there is a Class D stream as well. So you can go on line and
see what the level is on the map as to whether it's -- would fall into --
and I guess you would know if there's actually trouts spawning in the
-- in the -- in the stream because that's kind of the size.
MR. MANKTELOW: So that service already exists
through DEC now?
MS. GLICK: Yes.
MR. MANKTELOW: So let's say I look on line and
the stream that I have or I'll call it a creek or a creek, is determined to
be a Class C stream. How long will it take me to get a permit as a
farmer to work on that stream?
MS. GLICK: Well, I would first contact the folks at
the soil and water conservation district and ask for their advice. They
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-- they may be able to assist and if they are working with an MOU
with the Department, there may not even be a need for a -- a full
permit.
MR. MANKTELOW: Okay. So our local water and
soil conversation offices have the ability to already have a preexisting
MOU with DEC?
MS. GLICK: Yes.
MR. MANKTELOW: Is there any --
MS. GLICK: But that was the change that was made
from last year.
MR. MANKTELOW: So on some of our larger
farms, I know how busy our -- our local water and soil conservation
offices are. You know, they're -- they're underfunded, under --
undermanned, they're under FTEs, they don't have enough. Is there a
possible way where a farmer could have an MOU with DEC?
MS. GLICK: Um, I doubt that.
MR. MANKTELOW: But why not?
MS. GLICK: Well, you know, individual -- I think
that becomes an issue of being able to have -- you know, I don't think
the Department would be able to have a memorandum of
understanding with every farm in the State of New York. I think it
would -- they would operate with the soil and water conservation
districts that with whom they are already working.
MR. MANKTELOW: So then as I talk about --
MS. GLICK: I'm sorry?
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MR. MANKTELOW: As I talked about real life and
practical -- and practical ways on the farm in today's world. So let's
say we have a rainy -- a rainy spell back home on the farm for three
weeks. I have my employees here ready to go, we want to do some
tiling [sic] and some ditch cleaning and now we're going to have to
contact DEC or the water and soil conservation office to get the
go-ahead to allow us to do that. Is that my understanding?
MS. GLICK: Well, I -- I think the first thing that
people should do is understand whether they have a Class C stream or
not. They can identify that on the map. And if that's the case, if -- if it
were my property and I learned I had a Class C stream on my
property, I would have a conversation with the soil and water
conservation district folks well in advance of there being any issue and
find out from them what they think might be a way in which you
could move forward working with them. But I don't -- I don't know.
I'll probably take the opportunity after this debate to go on line and
take a look at that map. I don't know that it is a -- whether that affects
a large number of -- of our farms. We do have a lot of big farms, a lot
of big area and obviously having access to water is increasingly
important. But I would suggest that that would be an important thing
for people who actually have a Class C stream on their property to be
aware of in advance.
MR. MANKTELOW: So -- so I'm looking at some
of the supporters of this legislation; Riverkeeper, Environmental
Advocates of New York, Sierra Club Atlantic Chapter. How many of
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those individuals actually have a Class C stream on their property?
MS. GLICK: Well, I don't know. But I think that
Riverkeeper pays attention to all of the waterways that feed into our
rivers. They are concerned about water quality, they are concerned
about the ability to support fish life and as you know, there's been a
whole issue in the Eastern Catskills over the turbidity that has been
developed from releases from some of the reservoirs, which is
effecting fish in streams. So I do think that some of these
organizations don't necessarily themselves own property, but pay
attention to and maybe there's some of them who are on the boards do
own property, I -- I can't speak to that. But I do think that they are
concerned about water quality, reduced pollution, recharging of
groundwater and the availability of quality water resources for
wildlife. So I think that they would take a holistic approach.
MR. MANKTELOW: Yeah, and I -- I believe -- I
know that the majority of our farmers, a majority of our agricultural
producers already do this in their own ways back home on the farm,
because we do care about not putting nutrients into the stream, we do
care about a clean water source for the animals, for the -- for any fish
that do come up, that's -- that's kind of small in our area, maybe a few
but that would be a Class B, not a Class C. And I know we're already
doing that. Again, I just don't want to hinder our agricultural
communities only because dealing with Mother Nature and the way
the weather is it is absolutely paramount that we have the ability to act
now within two hours, not two days, not two weeks, not two months.
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And has there ever been any consideration in this bill that we could do
a carve-out for Ag?
MS. GLICK: I'm sorry. A carve-out...
MR. MANKTELOW: A carve-out for agricultural
producers, farmers.
MS. GLICK: No. Not -- not -- not -- not in this
print. No.
MR. MANKTELOW: Is that something that we
could look at as a possible amendment --
MS. GLICK: Well, not an amendment to this bill but
it is something that we can, of course, discuss after we take a look and
see what -- what farms are actually impacted by Class C streams. I
suspect it's not a large number.
MR. MANKTELOW: I didn't hear the last thing you
said, I'm sorry.
MS. GLICK: We can take a look at it, but not for this
bill. This bill is the bill on the floor and we're not amending the bill as
it is currently before us.
MR. MANKTELOW: I -- I understand that. And do
you know how many Class C streams are in my district by any
chance?
MS. GLICK: No. Do you?
MR. MANKTELOW: No, I do not.
MS. GLICK: Okay.
MR. MANKTELOW: But --
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MS. GLICK: We're on the same footing.
MR. MANKTELOW: I'm sorry?
MS. GLICK: We're on the same footing.
MR. MANKTELOW: Absolutely. How about where
you live? Do you know how many Class C streams are there?
MS. GLICK: Well, I assume that where I have my
district and where I have lived for most of my adult life is the Hudson
River. I think that qualifies as more than a Class C stream and where I
spend too little time in the Catskills, the closest water body is the west
branch of the Delaware. Again, that I think as a river probably
qualifies as more than a Class C stream. And I don't think there's --
there's ponds around but I don't think that the runoff from those
classify as a stream.
MR. MANKTELOW: I think one of the disconnects
here -- you know, when we debate a bill - and you and I have debated
bills before - my objective is not to debate the bill to show you all the
negative points for my district. My -- my point is that you and I need
to come together, some place in the middle. You know, you've got --
you have a good bill here, you have a bill that doesn't work well for
my district. How do you and I come into the middle of this bill so it
works for all of us across the State? And if you want to come up and
see some streams and some ditches and creeks and creeks that I'm
talking about, I would love for you to come up and see what our
farmers are really up against, see where those rivers and creeks and
streams go so you have a better understanding of what we're doing and
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I welcome you to come up. I will spend days with you to show you
some of those and --
MS. GLICK: With all do respect, Mr. Manktelow, I
do travel around the State and I have seen -- I've gone on farm tours
and I've gone on tours through the Adirondacks and through parts of
the Catskills and for many years. And you know, when I used to be
willing to sleep on the ground I did a lot of camping in the
Adirondacks. I'm not so willing to do that anymore. But I will just
say to you that I -- I am happy to take a look at the online tool. I'm
happy to have these conversations. Since the last iteration of this bill
we made an adjustment so that our water and soil conservation
districts are essentially given -- the MOU is essentially a permit, so
we've made that adjustment. If there needs to be some other change
we can perhaps take that up at another time, but we feel that we've
made a major step forward and that in this past budget the additional
personnel for the department is sufficient.
MR. MANKTELOW: Okay. Assemblywoman
Glick, I thank you for your time and answering my questions in a
professional way like you always do, so thank you.
MS. GLICK: Well, thank you, Mr. Manktelow.
MR. MANKTELOW: Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill.
MR. MANKTELOW: As I said, I only have a few
seconds left here. My concern, Mr. Speaker, is again without
involving the agricultural community, having a look across the State
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of what everybody is up against, we really need to again slow the
process down, see if we can come to a little better understanding in
the middle especially for agriculture, especially for some of our
highway guys in our area that actually help our agriculture
communities. So I'd love to support this bill, I think there's some --
some merits to it, but I can't right now until we clarify those issues.
So thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you, sir.
Mr. Lemondes.
MR. LEMONDES: Thank you, Mr. Speaker. Will
the sponsor yield?
ACTING SPEAKER AUBRY: Ms. Glick, will you
yield?
MS. GLICK: Yes.
ACTING SPEAKER AUBRY: Sponsor continues to
yield.
MR. LEMONDES: Thank you. I just want to take
one or two questions a little further. I didn't understand the answer to
my colleague. I just want to make sure that you said there was no
agricultural exemption, correct? The intent was for no agriculture
exemption in this bill.
MS. GLICK: No. I would say that in current law
that this does not change --
(Pause)
Okay. No permit under this section shall be required
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for certain agricultural activities of persons or corporations actively
cultivating land devoted to agriculture whether or not the same be
along a stream or watercourse as described in subdivision 2 providing
that these agricultural activities consist only of crossing and recrossing
of such streams or watercourses by livestock or wheeled farm
equipment normally used for traditional agricultural purposes. But I
would say that some of the Class C streams you might not want to
take a tractor through.
MR. LEMONDES: So again my question, there is no
agricultural exemption recognizing that Farm Bureau does not support
this bill.
MS. GLICK: Well, I can't speak to why the Farm
Bureau chooses to oppose this but I just read to you that a permit is
not used -- needed, for certain activities. Now that might not be
everything that the Farm Bureau is envisioning, though I don't know
what that was, but the crossing and recrossing of the stream or the
need to use a farm equipment through a stream is -- will not require a
permit.
MR. LEMONDES: Thank you. You had mentioned
the soil and water conservation districts with respect to an MOU.
Some of them, for example, in my county would not be in favor of an
MOU with the DEC to enforce this. Are you aware of -- of that?
MS. GLICK: Well, what we heard was concern from
soil and water conservation districts asking for a need to not have to
do individual permitting and this bill was to address the concerns of I
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guess the majority, maybe not every single one, but this allows soil
and water conservation districts to have an MOU. We -- it doesn't
require them to but I would think in most instances it is to their
advantage, but maybe there are some that have some desire not to
interact with a government agency, I can't speak to that.
MR. LEMONDES: Thank you, Assemblymember
Glick.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, sir.
MR. LEMONDES: Thank you. Due to the
unanticipated impacts on agricultural operations, food production and
security and other detrimental impacts to agriculture at-large that this
bill would cause with -- with its inability to enforce by the DEC,
decrease in productivity that could result from it, increase in prices for
food and feed that could also result from it, I have to vote in the
negative and would ask all colleagues to consider those points when
doing so. In light of the fact that our very own New York Farm
Bureau opposes this for multiple very good reasons. Thank you very
much.
ACTING SPEAKER AUBRY: Thank you, sir.
Mr. Smullen.
MR. SMULLEN: Thank you, Mr. Speaker. Would
the sponsor yield for a few questions?
ACTING SPEAKER AUBRY: Ms. Glick, will you
yield?
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MS. GLICK: Of course, Mr. Smullen.
ACTING SPEAKER AUBRY: Ms. Glick yields, sir.
MR. SMULLEN: Thank you, Chair. One area that
we haven't discussed in detail where the devil is always in the details
of course, is how this would -- this bill would change the relationship
of municipalities doing stream restoration work in their towns relating
to both public entities but also private entities doing work in streams.
How would this new permitting scheme work for a municipality to do
work in streams around their towns?
(Pause)
MS. GLICK: It's my understanding that again, no
local public corporation which has entered into a memorandum of
understanding with the Department is required to have a permit. So
carrying out projects or work affecting watercourses so as to afford
proper protection to the public using the watercourses. So I -- I read
this to say that our local highway departments could work with the
Department to have an MOU and it would reduce any delays in any
permitting.
MR. SMULLEN: So a local town or a county, would
they have to go to the soil and water conservation district to
coordinate the open permit or could they go directly to DEC to get
permits?
MS. GLICK: They -- they -- they could go to DEC to
establish an MOU.
MR. SMULLEN: They -- they could go 'cause
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currently it's very difficult for those municipalities to go to DEC. DEC
typically does not allow them to do it. Soil and water conservation
districts are -- are capable of having open permits now to be able to do
water work in certain areas. And if it's coordinated, then towns,
municipalities can work with soil and water districts with these open
permits to be able to do this work now. What I'm concerned with is
how this new law would change that process.
MS. GLICK: I don't think it changes the process. It
just -- that exists for A and B streams, this adds C. So it would just --
the same operations could be undertaken by local government. It
would just add the C streams to the A and B. So --
MR. SMULLEN: Now -- now therein lies the rub.
See in the huge district in the Mohawk Valley in the Adirondacks
where I represent, A and B streams are significant, they're
recognizable. C streams are a little bit more of a gray area where it's
much more difficult for people to -- whether you're a private
landowner, a public entity or a soil and water conservation district as
to what actually constitutes a Class C stream in this regard. Who
would be the arbitrator of what constitutes a Class C stream? Is it -- is
it DEC solely would have that authority?
MS. GLICK: Well --
MR. SMULLEN: Water division?
MS. GLICK: Apparently there is an on line tool, a
map that provides that delineation.
MR. SMULLEN: So it would be water division of
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DEC would have that authority.
MS. GLICK: DEC, generally. I don't -- I haven't
looked, frankly to be honest with you, Mr. Smullen, I haven't looked
at the online tool to see on the website if it is in one division or
another.
MR. SMULLEN: Sure. And thank you. So we're --
we're talking about New York State at large here. How -- what is the
approximate milage of Class C streams and how many acres do they
cover?
MS. GLICK: Well, I -- I believe it's in miles? It's
about 40,000 miles.
MR. SMULLEN: Forty thousand miles. And what
we're essentially doing here is enlisting the soil and water
conservation districts to be part of the regulatory scheme for these
new Class C streams that will then be under the authority of DEC to
be regulated to a greater level than they are today?
MS. GLICK: Well, I suspect that a great many of the
40,000 miles are in areas where people are not actually planning to do
any activity.
MR. SMULLEN: Now how would -- not farmers,
not municipalities, how would private citizens get a permit to do work
in a Class C stream on their property? There are lots of landowners
that -- that have Class C streams that they would like to clean them
out to prevent erosion or flooding concerns.
MS. GLICK: Again, that would be a permitting
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process. But as I suggested earlier, if people want to be certain as to
whether or not the watercourse on their property qualifies, could be a
D, in which case it's irrelevant, if it's a C, they should probably get in
touch with and work with their local water and soil district. But I
suspect that a substantial amount of the Class C streams are not -- not
directly going to be impacted by human activity.
MR. SMULLEN: Well, I -- I respectfully disagree.
You know, there's private property as people like to do what they will
with private property whether it's to recreate or to use it for agriculture
or elsewise. So just to make sure I'm hearing this correctly. This bill
will not affect a private landowner's ability to do work in a -- in a
Class C stream with an open permit from a soil and water
conservation district or will it?
MS. GLICK: Presumably if that MOU envisions
that, then they would not need an individual permit.
MR. SMULLEN: So a -- a soil and water
conservation district, a county level entity, could provide an open
permit for a private landowner to do work in a Class C stream on
private property.
MS. GLICK: Assuming that - and let me not
misrepresent anything to you - this is which is why I would suggest
people get in touch with -- check out whether they have a Class C
stream and talk to their oil and -- oil and -- soil and water conservation
folks because the MOU is a memorandum of understanding
establishing the plan of operations. So if they are going to have an
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MOU that envisions working with local farmers or local property
owners, then I believe that that would be covered.
MR. SMULLEN: Thank you very much. I
appreciate it.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, sir.
MR. SMULLEN: So this is a, you know, a retread of
a bill from last year where we voted that Class C streams should be
regulated with the same authority that DEC has on Class A and Class
B streams. That first of all, that's a bad idea. The interesting idea in
this bill, though, is that soil and water conservation districts could be
given a sort of coordinating authority to be able to do work in streams
to the benefit of whether it is the public entities, the towns and the
municipalities in an area or a -- a farmer -- a farmer who has land that
he's trying to improve the ability to raise crops on, or even a private
landowner who might have land where it would be of great benefit to
not only themselves but downstream owners to clean things up. And
that's -- that's really important see, because in 2019 in my district,
there were two five inch rain bombs, one in Herkimer County, one in
Hamilton County, which caused great havoc in the streams that fed
larger ones and the flood control area that's both the Hudson River and
the Black River. And I know a little bit about those having run the
Hudson River-Black River Regulating District from a flood control
perspective. And what's important here is that we get this right as far
as how we actually allow private landowners, whether they're -- they
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own property or whether they're a farmer raising crops. Public entities
- who actually on behalf of the public maintain town and county roads
- that we get it just right, because if we do so we'll have a
phenomenon where an ounce of prevention is worth a pound of cure.
If we had went into these streams ahead of times and pulled out some
of the things that would cause them to clog and to flood and to cause
damage to roadways, we would have saved tens of millions of dollars
across the State. And we would do it periodically on a year by year
basis if we included the entire State. So I think the idea that there's a
coordinating authority working with the regulator DEC to be able to
do this is a good thing and that would be part of a stream restoration
initiative which would take some of the -- the fear and stigma of
working with DEC on these things and that -- that's a good thing.
However, I don't see how this bill -- I -- I need to understand the
language much more thoroughly and offer some amendments going
forward in the future to be able to do so, because regulating Class C
streams as such ends up being a huge regulatory burden on the
average citizen, on the municipalities, primarily in the Upstate region.
It's essentially -- it will cost a lot more to do the routine operations
that they do. For that reason I'm voting against the bill but I do want
to emphasize looking forward to sharing the ideas of the stream
restoration initiative to be able to make them come to fruition in
coming bills. Thank you very much, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you, sir.
Read the last section.
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THE CLERK: This act shall take effect in 90 days.
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
support it are certainly welcome to vote in favor here on the floor.
Thank you, sir.
ACTING SPEAKER AUBRY: Thank you.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. Much like in the past, the Majority Conference is going to
be in favor of this environmentally-friendly piece of legislation.
Thank you, sir.
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. Right now getting
a permit to cross a Class A or B stream takes months, if not up to a
year. Unfortunately if we extend -- extend that permitting process to
double the number of streams and the number of miles without
doubling or tripling the DEC staff we can anticipate the delays will be
even longer. I have absolutely no doubt as to the positive intent of the
bill sponsor in terms of her environmental objectives. However, when
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you're dealing with a smaller stream like a Class C or D stream, you
need to act quickly following an unusual storm or you end up with
much greater environmental damage. And so if you have a small but
intense cloud burst, that little stream will clear the banks and all the
debris that's accumulated, the branches and the small trees that have
fallen over time, all then clog the culverts and create real issues for
farmers in terms of erosion. And you can't wait a year with a clogged
culvert. It needs to be addressed right away. Our farmers rely on
having useable fields. They rely on it. They install Statewide millions
and millions of dollars worth of flood control and water management
at their own expense. To watch your field wash away because there's
a logjam in a field is just a horrific environmental problem. So while I
certainly appreciate my colleague's desire to increase permitting, we
need to recognize that we can't increase it more than double the
amount of permits without more than doubling the DEC capacity or
we create more environmental damage than we intended to fix in the
first place. For that reason I will not be supporting it. Thank you, sir.
ACTING SPEAKER AUBRY: Mr. Goodell in the
negative.
Mr. Slater to explain his vote.
MR. SLATER: Thank you, Mr. Speaker. I just want
to take a moment to explain my vote. I want to also acknowledge the
intent of the sponsor on this piece of legislation but I think there are
some practical issues that have been discussed here today that I -- I
think raise some concerns. First off, we kept hearing about a -- a
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website that would tell us about the status of a stream. Now, I'd like
to think I'm pretty good on computers, not as good as my
seven-year-old but not bad. But I have my computer and I still can't
find the portal that was being discussed or identify any of the streams
within my district that it would impact. So I have significant concerns
about relying on that type of platform to help not just elected officials
or members of DEC or highway departments but as we heard today
some of our farmers. Secondly, speaking with some of my highway
superintendents about this, and as my colleagues in local government
and county government formally have already described, you do find
yourselves in situations, especially from a storm response standpoint,
where you need to take very quick and decisive action. I have Lake
Osceola in my district in the northern side of Yorktown and every
time we have a significant rainfall all of their -- all the property
owners get flooded out. And when you try to figure out the issue of it,
it comes down to a drainage problem through one of the streams there.
So we have taken - and we've had very significant rainfall where
we've had to take instances and action and to sit there and play the
regulatory game with DEC to get the necessary permit is going to take
time away from those residents from restoring their property back to a
functional status. And so for those reasons, Mr. Speaker, I'll be voting
against this piece of legislation. Again, I do understand and -- and
recognize the intent but I do think there are some significant practical
concerns that need to be addressed. Thank you, sir.
ACTING SPEAKER AUBRY: Mr. Slater in the
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negative.
Ms. Glick to explain her vote.
MS. GLICK: Thank you, Mr. Speaker, to explain my
vote. A -- a great dealing of the conversation seemed to have focused
on the prior version of the bill and not the current version and to rely
on a veto message that preceded some of the changes that have
occurred, including the -- the dramatic increase in the number of
personnel available to the DEC. I believe that we understand that
when there have been major flooding and storm issues, the State has
acted promptly to ensure that whatever work needs to be
accomplished can be done. And certainly in some of the storms that
have affected a wide number of counties, not only did the State
obviate the need for permits, but the State paid for all of the recovery.
So ensuring that we have maintained a proper basis for the integrity of
C streams is really important to ensuring that we slow down the
velocity of water and that we ensure the quality of the groundwater
that is adjacent to it. So I -- I hear my colleagues' concerns. We
addressed part of that by expanding the MOU ability for water and
soil conservation districts and we will, you know, continue to have
conversations about some other entities, but I think that the concerns
have largely been addressed in this print but we're always open to
conversation. I withdraw my request and vote in the affirmative.
ACTING SPEAKER AUBRY: Ms. Glick in the
affirmative.
Are there any other votes? Announce the results.
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(The Clerk announced the results.)
The bill is passed.
Page 10, Rules Report No. 246, the Clerk will read.
THE CLERK: Assembly No. A05370, Rules Report
No. 246, Paulin, Thiele, Seawright, Lupardo, Dinowitz, Jackson,
Meeks, Hevesi, Bronson, Magnarelli, Brabenec, McDonough,
Lunsford, Kelles, Zebrowski, Steck, Anderson, Simon, Glick, Vanel,
L. Rosenthal, Williams, Bichotte Hermelyn, Walker, Otis, Sayegh,
Stirpe, Woerner, Stern, Sillitti, Jacobson, Cook, Carroll, Gallagher,
Colton, Fall, Aubry, Forrest, Cruz, Clark, Santabarbara, Hunter, Fahy,
Jones, Zinerman, Buttenschon, De Los Santos. An act to amend the
Public Health Law, in relation to creating the health emergency
response data system.
ACTING SPEAKER AUBRY: Explanation is
requested, Ms. Paulin.
MS. PAULIN: Absolutely. The bill creates in statute
the health emergency response system - better known as HERDS - and
brings transparency to information gathered during public health
emergencies.
ACTING SPEAKER AUBRY: Mr. Jensen.
MR. JENSEN: Thank you, Mr. Speaker. Would the
sponsor yield for some questions?
ACTING SPEAKER AUBRY: Ms. Paulin, will you
yield?
MS. PAULIN: Absolutely.
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ACTING SPEAKER AUBRY: Sponsor yields, sir.
MR. JENSEN: Thank you. First off, how many
streams and creeks will this legislation effect?
MS. PAULIN: How many what?
MR. JENSEN: So this legislation, like you said in
your explanation, creates the health emergency response data system
which will oversee the HERDS system which is the health electronic
response data system, correct?
MS. PAULIN: Yes.
MR. JENSEN: Okay.
MS. PAULIN: (Inaudible)
MR. JENSEN: First of all, because I'm feeling
punchy, was there any thought about giving a different name so it's not
HERDS managing HERDS?
MS. PAULIN: I think it's kind of catchy.
MR. JENSEN: Okay. So with this new oversight
over the HERDS data collection, would it only be applicable during
public health emergencies?
MS. PAULIN: That's the intent.
MR. JENSEN: That's the intent. So currently the
COVID-19 public health emergency order has been rescinded. Yet,
health care providers are still under a mandate from Department of
Health to collect the HERDS information. How would this legislation
adjust that mandate that they're currently under at present?
MS. PAULIN: But we still have an emergency order
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that's going on, and the health department collects data all the time
from lots of the agencies that they license, they collect data all the
time. This is really intended so that's there's transparency when there's
God forbid another pandemic or health emergency that rises to the
level where the public is even interested. It creates the ability for the
public to find out what the real situation is so that we don't have to
watch on television data that potentially isn't accurate, every day
mesmerized, but instead have an ability to see the actual data and
question the real information that is out there.
MR. JENSEN: So when a facility would submit the
HERDS data to the HERDS system, how long would DOH have to put
that information into a publicly-accessible portal?
MS. PAULIN: Seven days.
MR. JENSEN: Seven days, okay. So I know and
understand that the information that's submitted is based on a broad
sense, it does go down into a geographic area as well as by facility.
So would a seven-day process, is that enough time for DOH to
de-identify the information to ensure that there's no potential HIPPA
violations, especially when you have more rural settings where it's
maybe a limited amount of beds in the facility so some information
would be easily identifiable to somebody looking at a violation of that
confidentiality.
MS. PAULIN: I think that seven days is a long time
in the life of a pandemic or an emergency. And during that
emergency we had many, many more people who were brought in to
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work on ensuring that we had fewer problems and deaths and that
everything was working well. So I would argue that if the health
department couldn't do this, we were in deep trouble.
MR. JENSEN: Okay. Who -- what entity within
DOH currently manages the HERDS data collection?
MS. PAULIN: I imagine it's the HERDS staff. I
don't know. I'm not sure.
MR. JENSEN: So I know -- the reason I ask the
question --
MS. PAULIN: Wait, wait. There's a health
information system department.
MR. JENSEN: Okay. So in the current process that's
in place, there's a set time frame deadline every day when a facility
has to provide this information, I believe it's at noon. If at 12:01 they
submit the information, they're subject to a fine, even though they
provided that information. Would this new HERDS oversight office,
would they be the ones tasked with leveling those fines or would they
make recommendations to the Commissioner to allow that individuals
--
MS. PAULIN: We're not -- we're not changing that
part of the system.
MR. JENSEN: Okay. Is there anything that provides
for an evolution of the type of questions that are included on the
HERDS survey? Right now --
MS. PAULIN: We leave it very, very vague partly
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because or mostly, primarily because we don't know what kind of
emergency there's going to be and what kind of data, we don't know
what they're going to need to collect. Times change, sophistication
changes, data points needed to evaluate a situation change, so we
leave it very loose as it is now.
MR. JENSEN: Well, and -- and I think that's
important because as you mentioned in a public health emergency it's
a constantly evolving situation as more information becomes
available, but I think there is some merit to including the ability to
adapt, because on the current HERDS survey, presently it's over 90
questions, many of which are no longer applicable to the current
health care situation within facilities. You know, assisted living,
providers, nursing homes, they're still having to exhaust a lot of
critical care staff hours in complying with these 90- plus questions.
And even answering questions that ask, you know, what is the current
impact in loss of staff due to the COVID-19 vaccine mandate. So
certainly having some set of evolution in the questions that are
required to be asked is meritorious based on evolving situations.
MS. PAULIN: Absolutely.
MR. JENSEN: Well, thank you for your agreement.
I appreciate that. Is there any differentiation between the type of
facility and what questions they have, what the survey would say for
them. Would a hospital have a different HERDS survey than a
nursing home versus an assisted living facility?
MS. PAULIN: I would imagine they would and I
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would -- we're also leaving it up the Commissioner to make those
decisions at the -- through regs and through the timeliness and the
importance of that information.
MR. JENSEN: Okay. But there's no set time frame
on either how to develop whether or not there's separate questions or
going back to that seven-day period between data being posted.
There's nothing about providing a little bit more time to ensure that
things are reviewed and given the proper time to assess.
MS. PAULIN: I think that for most of us who lived
through the pandemic with our constituents, we -- we saw that the
questions evolved and changed. And, you know, sometimes they were
about schools and masks and other times they were about sports
games and masks and, you know, many other types of questions, you
know, where and how far apart kids had to sit in the classroom. It
evolved. And so leaving it loose, you know, again, we hope that we'll
never see another pandemic in our lifetime, but -- but we need to leave
it loose because the change to the -- to the situation changed every
day.
MR. JENSEN: Right. In which I understand but I
think there has to be some level of strict scrutiny to ensure that the
questions are really based on the needs at the time. And having some
set of -- some type of guardrails, if you will, to ensure that it's only
collecting the data that is applicable and not generalizing data that
may not be relevant to the ongoing public health emergency is
important.
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MS. PAULIN: And that's why there's a seven-day
window or a seven-day requirement as well because, you know,
questions come out, you want the data in a timely way. And trying
not to stress the Department out so much, we thought seven days was
a reasonable amount of time for us to yet have the data available and
at the same time have the Department be able to put the data forth.
MR. JENSEN: Would there -- in determining or
crafting the final regulations, would DOH have the ability to not
disclose some information if they believe that they cannot de-identify
it based on facility identification or geographic location?
MS. PAULIN: The requirement is to de-identify. So
information that could not be done, could not be posted.
MR. JENSEN: Okay. Thank you very much, Ms.
Paulin. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Mr. Ra.
MR. RA: Thank you, Mr. Speaker. Will the sponsor
yield?
MS. PAULIN: Absolutely.
ACTING SPEAKER AUBRY: Ms. Paulin yields.
MR. RA: Thank you. So I -- I share many of the
concerns my colleague has raised with this, but just with regard to the
information we think that's going to be included. One of the -- one of
the concerns that has been raised is that well, you know, it's not going
-- it's going to take out, you know, identifying data that there may be
some data sets that are fairly easy to figure out and match to, you
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know, to a certain facility or -- or what have you. So are -- are you
contemplating how that would work? Is there any exceptions to -- to
help protect the identity of -- of both individuals and the -- and the
facilities?
MS. PAULIN: So I think that geography is a big
piece of how you could identify in this situation, but if you grow the
geography, then the data is more camouflaged. So we would leave it
up to the Department to be able to provide data to the public but at the
same time not to identify a certain person or a certain facility that
potentially could -- could be a problem for that family or for that
group of families that are at a facility.
MR. RA: Okay. And just -- I -- I believe this is
somewhat silent with relation to this but I know my colleague brought
up the, you know, the seven-day timeline and the concerns maybe
that, you know, some data needs to be corrected, you know, obviously
it's going to be published. But would there still be an opportunity if
something's incorrect for -- for it to be corrected even after it's been
published?
MS. PAULIN: I would imagine that, you know, if it's
publicly available the public would be asking those questions. I
remember those press conferences and the press was always there
asking lots of questions about the data that was being presented,
although the data we have no idea whether it was accurate because it
was just one person spouting out what we, you know, what we've
heard. So -- so yes, I would imagine that there's going to be a great
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deal of scrutiny on data and to ensure that it is correct as the process
and as the potential new emergency evolved.
MR. RA: I mean as you said earlier, you know, we
think about especially those early days of COVID and how rapidly
things were changing and how, you know, I mean, you know, it was a
four-alarm fire and these types of facilities that are filling out, you
know, this information on a daily basis so to make sure -- I think it's
easy that somebody could make an error while they're trying to, you
know, it's all hands on deck trying to deal with patients and trying to
deal with something that is evolving so -- so rapidly.
My -- my other just general question. So is this
specific -- I know you said your intention is that this would only be
during a -- a declared state of emergency, but is it specific that the
Department would only require this during that or -- or would it still
allow for the situation we're under right now where the emergency has
lapsed and we still have facilities that are filling out a fairly lengthy
report on a daily basis.
MS. PAULIN: I -- I think it is during an emergency
that this would be reported on a seven-day time frame. We are still in
the state of an emergency so I would think that during this time until
the State declares us out of it, which could happen, I think it's June 8th
is the end of the Executive Order, that there would still be somewhat
of a requirement. Whether or not the Department continues to ask for
information or requires agencies and healthcare facilities to submit
data, they have that ability so -- and they do it all the time. So it's just
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that we have the added -- they would have the added burden of
making the data public and transparent during the course of an
emergency.
MR. RA: Thank you. Mr. Speaker, thank you.
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 but those who support it
can certainly vote in favor here on the floor. Thank you, sir.
ACTING SPEAKER AUBRY: Thank you, sir.
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 desks. Thank
you, sir.
ACTING SPEAKER AUBRY: Thank you, ma'am.
The Clerk will record the vote.
(The Clerk recorded the vote.)
Mr. Jensen to explain his he vote.
MR. JENSEN: Thank you, Mr. Speaker, just to
briefly explain my vote. While I understand the -- the desire of the
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sponsor on this piece of legislation, as we see in the present moment
as the COVID-19 emergency is almost wound down, healthcare
facilities are still being mandated to fulfill a HERDS collection
mandate every day. Taking up critical staff time could be devoted to
actually providing care to people, they incur heavy fines if they're
merely a second late in providing that data. And I believe that this
legislation needs some guardrails to ensure that only the data that is
truly necessary in reacting to any future emergency is collected and
without overburdening healthcare facilities as they're trying to fulfill
their overarching goal of actually providing care to the people under
their care. For that reason I will be in the negative. Thank you, Mr.
Speaker.
ACTING SPEAKER AUBRY: Thank you, Mr.
Jensen.
Mrs. Peoples-Stokes to explain her vote.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker, for the opportunity to explain my vote. I was in support of
this piece of legislation the last time it was brought to the floor by our
former colleague, Mr. Gottfried. I think it's always important to keep
-- gather and keep data. And in fact as we are in -- experiencing right
now horrific smoke that's coming from Canada. We should have been
informed as citizens that that's happening and what impact it could
have on our health. And I don't know if there's systems like this that
we need to make that happen, but I know that it impacted all of
Western New York on yesterday and it's quiet frankly impacting
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Albany as we speak. Hopefully it's raining soon and it will be clear,
but there was a horrible fire in Canada. And as you know, air travels
and it will have an impact on people's health because whatever that
was that was burning probably wasn't healthy, won't be healthy when
it gets into people's lungs. So I think at some point we always need to
be mindful of what impacts -- what in our environment, what is
happening to people that could impact their health and how will we
inform them of it, quickly and show them how to protect themselves.
So I support any kind of legislation that is interested in collecting data.
Thank you, sir.
ACTING SPEAKER AUBRY: Thank you. Mrs.
Peoples-Stokes in the affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker, for the opportunity to interrupt our proceedings for the
purposes of an introduction. Our colleague from -- from the Senate
Ms. Cordell is in our Chamber, she has brought with her the family of
the late Bill Perkins. Many of us probably do remember Senator
Perkins when he served here in Albany. Some of us remember him
from walking the streets of Harlem because I have seen him there and
he can't walk past people, everybody knew him there. So on behalf of
our colleagues Mr. Taylor, Ms. Dinkens -- Dickens, as well as Mr.
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Gibbs, would you please welcome, not just the Senator, but the family
of the Honorable Bill Perkins, who after 25 years of service both as a
Senator and a city council member transitioned last year. The Senator
has with her his wife Pamela Green Perkins and his daughter Kiva
Perkins, as well as a niece Michele Green. Also joining the Senator
today is the African-American Parade Committee. Jasmine Robinson
is the granddaughter who actually -- of the man who actually started
the African-American Day Parade Yusuf Hasan, the Chair of the
African-American Parade and Melvin Muhammad who is a member
of the African-American Parade Committee as well as Thomas
Walker. If you could welcome these -- I'm sorry -- passed last month
in instead of last year, sir. If you would make that correction in your
records, please.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mrs. Peoples-Stokes --
MRS. PEOPLES-STOKES: If you could welcome
these fine citizens from the great Harlem USA to our Chambers, and
also honor the life of a stellar of a senator Bill Perkins, it would be the
pleasure of not just the members who live and represent that area but
myself as well. Thank you, sir.
ACTING SPEAKER AUBRY: Thank you. On
behalf of Mrs. Peoples-Stokes, the Speaker and all the members, we
welcome you here to the New York State Assembly. We extend the
privileges of the floor to all of you. To you Senator Cleare, always a
visitor here, always welcome here. To the family of Bill Perkins, I
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served with him, remember him, revere his work, thank you for
sharing with us today and allowing us to remember the greatness that
it was him. To the African-American Day Parade members, thank
you again for the work that you do to ensure that we,
African-Americans in the State of New York and the City of New
York, have an opportunity to celebrate our history and our ancestors.
To all of you, you are so welcome here. You will always have friends
in the New York State Assembly. Thank you so very much.
(Applause)
Page 10, Rules Report No. 255, the Clerk will read.
THE CLERK: Assembly No. S03436, Rules Report
No. 255, Skoufis (Lavine, Colton, Sillitti, Aubry, Simon -- A05835).
An act to amend the Civil Practice Law and Rules, in relation to
exempting applications for an extreme risk protection order from
requiring an index number fee.
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. Goodell to explain his vote.
MR. GOODELL: Thank you, sir. Just a little bit of
background. In 2019 we in this legislative Chamber passed the
legislation of creating an extreme risk protection order, and there was
a lot of concern at the time because that legislation didn't actually
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require that a demonstration of extreme risk be shown. It was an
allegation that somebody had a gun and there was probable cause,
which is the lowest legal standard you can have to believe that they
were likely to engage in some inappropriate conduct that might injure
themselves or others. And based on that allegation, the police had
come and seized all the person's weapons without a hearing and only
scheduled a hearing later. And then in 2022 we expanded that to
provide that the seizure of all these -- any guns could occur even
without a sworn affidavit if -- if the information was based on a claim
from a police officer or a DA that could, according to the law, be
based on hearsay evidence. And so there's a lot of concern on both
due process issues and on hearing issues and on 2nd Amendment
issues because you had a law that authorized the seizure of private
property from an individual who might not have committed a single
crime. And it was seizing their property without a hearing. And it
was seizing their property in some cases without even a sworn
affidavit and on hearsay. And as a result, back in 2019, there were 37
no votes and in 2022 there were 30 no votes. And this bill takes it one
step further by saying somebody wants to file that action doesn't even
have to pay the index fee to do so. And for that reason I will not be
supporting it. Thank you, sir.
ACTING SPEAKER ZACCARO: Mr. Goodell in
the negative.
Mr. Lavine to explain his vote.
MR. LAVINE: This bill simply allows people to go
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to court to take out an extreme risk protection order without having to
pay the $210 filing fee. These extreme risk protection orders save
lives. I wrote the first extreme risk protection order years ago
following a lengthy conversation with Mark Barden whose son Daniel
was one of the little angels murdered at Sandy Hook. That was a very
difficult conversation for me, it was a much more difficult
conservation for Mark Barden. This year alone there have been more
than 2,700 requests for extreme risk protection orders. Yes, there is
no immediate hearing but there's a hearing that is scheduled between
three and ten days. These vehicles save lives and I am certainly
voting in the affirmative. New York is not the only state that has
adopted this system. There are 19 states to date that have adopted this
system. We will either save the lives of our children and our families
or we will sacrifice them. I am not prepared to engage in that type of
sacrifice but apparently some are. I'm voting in the affirmative.
ACTING SPEAKER ZACCARO: Mr. Lavine in the
affirmative.
Mr. Flood to explain his vote.
MR. FLOOD: Thank you, Speaker. I rise and this is
a bill I support, but I'm just here to point out some hypocrisy. As my
colleague just said we have bills that can help save lives. If that was
truly the intent of this Body, you guys wouldn't have killed my bill
two weeks ago which was Gabby's Law, and with the -- with the --
with the rationale that we have too many alert systems. So -- so my
bill actually would set up an alert, a (inaudible) alert system similar to
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that of the amber alert or the silver alert when someone goes missing.
In this case it was brought on by the missing departure of a -- and
eventual murder of Gabby Petito out in Long Island. If this Body truly
cared about saving lives and passing good legislation, you guys
wouldn't kill bills because it says R next to it. So if we're really
looking for the intent to, you know, you know, save people's lives and
pass good legislation, maybe the Majority needs to look into
themselves a little bit. This is a good piece of legislation which I am
voting for, but when we have a good piece of legislation, maybe we
look past the party affiliation and let some good bills get out of
committee. Thank you.
ACTING SPEAKER AUBRY: Are there any other
votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 11, Rules Report No. 264, the Clerk will read.
THE CLERK: Assembly No. A06549, Rules Report
No. 264, Rajkumar, Weprin, Sayegh. An act to amend the General
Business Law, in relation to requiring motor vehicle dealers to search
for recalls and make certain repairs prior to selling a used motor
vehicle.
ACTING SPEAKER AUBRY: An explanation is
requested, Ms. Rajkumar.
MS. RAJKUMAR: Thank you, Mr. Speaker. This is
a simple bill. It requires dealers of used motor vehicles to determine
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whether there are any recalls on a motor vehicle before selling it to a
consumer. If the used motor vehicle dealer determines that there is in
fact a manufacturer's recall on the vehicle, the dealer must put into
motion the process of repairing the vehicle such that the recall is
satisfied. The purpose of this bill is to protect consumers and the
general public by ensuring that cars that could endanger drivers are off
the road. This would protect all New Yorkers from dangerous
accidents on the roads and save lives.
ACTING SPEAKER AUBRY: Ms. Walsh.
MS. WALSH: Thank you, Mr. Speaker. Would the
sponsor yield, please?
ACTING SPEAKER AUBRY: Ms. Rajkumar, will
you yield?
MS. RAJKUMAR: Of course.
ACTING SPEAKER AUBRY: Ms. Rajkumar yields.
MS. WALSH: Thank you so much. So this bill
actually predates both of us by a considerable number of years. I
think the first year that it was considered was in 2013. So I do have a
few questions for those of us who have been in the Chamber for a few
years, you probably heard some of these questions before, but for the
benefit of some our newer members, let's just go through what the bill
does and doesn't do. What size dealerships does this apply to?
MS. RAJKUMAR: So the General Business Law
actually defines "dealership" as being if you have sold at least three
cars in the past 12 months.
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MS. WALSH: Okay. So it would be fair to say that
it could apply to very large dealerships, like we all have in our
districts, and it could also apply to a smaller one that has, you know, a
dozen or so cars on the lot as long as they've sold three in a year.
MS. RAJKUMAR: Correct.
MS. WALSH: Okay, very good. What about auction
houses? Because I know that sometimes a dealer might take a car and
trade that's pretty old, like my car, and they're not going to put it out
on their lot, they'll send it to the auction house. Does the auction
house have to -- have to comply with this -- this law?
MS. RAJKUMAR: No. So long as in the
advertisement at the auction it says this car is sold as is. If it's
advertised like that, the law does not apply.
MS. WALSH: Very good, okay. So in the bill it
talks about a good faith effort to learn of the recall of the vehicle. So
can you describe what will satisfy that requirement of a good faith
effort?
MS. RAJKUMAR: Yes. A good faith effort is very
simple. All the dealer has to do is type the VIN number of the vehicle
into the Federal Government website that tracks all active recalls.
That's safecar.gov [sic]. So they can go to safecar.gov [sic], types in
the VIN number and it defies the active recall. And then that's
basically it. The additional step is the dealer just has to initiate the
process of repairing the car, and that could be as simple as making an
appointment for the car to be repaired.
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MS. WALSH: Well, I'd like to talk about that a little
bit. But as far as the good faith effort, that putting in the VIN,
checking that website and seeing what recalls are out there satisfies at
least the first part of the requirements of this bill in terms of the -- the
effort to see if they are any recalls that are out there.
MS. RAJKUMAR: Correct.
MS. WALSH: So let's talk about, does -- does this
legislation require that any recall that is issued is dealt with by the --
by the dealer? In other words, there's no like de minimis standard. So
if there's -- if there's a recall for a little gasket, that's -- that's going to
be treated the same way as a recall for an airbag or an engine problem
or something that would be considered in my view to be major.
MS. RAJKUMAR: Yes, correct, because recalls are
issued to protect New Yorkers, to protect people on the road. So all of
these recalls have to do with safety issues. So that's why this law
would require the dealer to notify a consumer of any recall.
MS. WALSH: Okay. So what about any -- so you
mentioned during your explanation and again just a moment ago about
having to kind of get the ball rolling or start the process of satisfying
this recall and doing the repair. Can you -- can you explain what you
mean about that? In other words, are you saying that the dealer
themselves they do not need to be the ones actually doing the repair
on the vehicle.
MS. RAJKUMAR: That's correct. The dealer just
has to initiate the process of making that repair. That could be as
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simple as making an appointment with the manufacturer's franchise to
-- to initiate that process.
MS. WALSH: Okay. So in terms when the vehicle
can actually be sold, though, is that -- are you saying that it could be
sold prior to that repair being done? Because it didn't seem like that
when I read the bill.
MS. RAJKUMAR: The vehicle can be sold even if
the repair is not done. It can be sold as soon as the dealer has satisfied
their requirements, which is just initiating the process of the repair.
MS. WALSH: Okay.
MS. RAJKUMAR: After the dealer initiates the
process of the repair, then the car can be sold.
MS. WALSH: Okay. So I'm looking at the bill right
now and specifically line 16, it says that the dealer or his or her agent
must make or cause repairs to be made pursuant to the manufacturer's
or such administration's recall such that the recall is satisfied.
MS. RAJKUMAR: Yes.
MS. WALSH: So how do you get from that the idea
that it can be sold so long as an appointment has been made? It
doesn't say that in the bill, right?
MS. RAJKUMAR: It says a dealer or his or her
agent must make or cause repairs to be made. So the language of
"cause repairs to be made" is where the flexibility lies.
MS. WALSH: Well, I -- I can understand from that
the idea that the dealer themselves -- they -- or itself does not need to
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be the one to do the repair, but I'm not seeing anything in terms of the
timing as far as being able to sell the vehicle without the repair having
been made. I -- I don't see that in the language at all. You do, though.
MS. RAJKUMAR: Yes. The bill text doesn't require
that the repair be made before the car is sold. I don't see that
anywhere in the -- in the text.
MS. WALSH: So if the -- if the dealer guesses wrong
and transfers a vehicle without the repair having been made where
there's only an appointment having been made, they are subject to a
possible penalty of $5,000 for every violation, correct?
MS. RAJKUMAR: If the dealer makes an
appointment, that means that they have caused the repairs to be made,
they're initiating the process. So therefore they would not be liable for
$5,000. There'd be no offense.
MS. WALSH: Well, I'm glad -- I'm glad that you're
representing that as part of the legislative record as far as the intent of
the legislation, but again, I -- I don't see that in here at all.
MS. RAJKUMAR: Well, my reading of the text is
just as I said, so long as the dealer causes repairs to be made and
initiates that process, the requirements are satisfied. I should also add
significantly that the manufacturer bears the burden of all the costs
here, which I think you already know.
MS. WALSH: Right, right. No, I don't question that.
But -- so, for example, we know that over the last few years there have
been incredible supply chain issues with motor vehicles just generally
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and parts. And there had been problems with supply chain and many
other industries, too, but where there is a part that's -- that's missing,
that's part of a recall it can sometimes take months and months and
months before that part actually arrives or that repair can actually be
done. So -- and then even when that part has finally been received
there can be a real backlog in terms of being able to get the vehicle in
and make the change and satisfy the recall. So -- but are you saying
that that's all okay? I mean you're saying that this is a safety measure
for the consumer, but you're also saying that the dealer can sell the
vehicle and say okay, I've made you an appointment, they don't have
the part right now, they can't get you on their list right now. Are you
saying that they can still sell that vehicle with all of those --
MS. RAJKUMAR: Yes.
MS. WALSH: -- questions hanging out there?
MS. RAJKUMAR: That is exactly what I'm saying
because this is all about the dealer notifying the consumer, letting the
consumer know that there could be an issue with your car. The point
is letting the consumer know that so that the consumer doesn't just
think that they have a --a perfectly functioning car. This is just all
about putting the consumer on notice. That's the point of the bill.
MS. WALSH: Okay. So let's say it's -- let's just -- as
a hypothetical, let's just say it's an airbag that is on the driver's side
that is -- is malfunctioning in a number of these vehicles, there's been
a recall. The dealer can sell that vehicle and say when an airbag
comes in they're going to let you know from the manufacturer or from
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whoever is going to be doing this repair, and as long as the consumer
knows, hey, my airbag doesn't work, then they just have a choice as to
whether or not they want to buy the vehicle.
MS. RAJKUMAR: That's -- that's correct.
MS. WALSH: And that satisfies the dealer's
responsibility --
MS. RAJKUMAR: Yes.
MS. WALSH: -- and they will not be subject to --
MS. RAJKUMAR: Yes.
MS. WALSH: -- the penalty.
MS. RAJKUMAR: According to the text that's
exactly right, because the point here is that the dealer notified the
consumer, you have a faulty airbag. Now the consumer knows and
can protect themselves.
MS. WALSH: Okay, all right. So thank you very
much for your answers.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, Ms.
Walsh.
MS. WALSH: You know, I appreciate the -- the
answers from the sponsor. However, I've got some real concerns as to
whether that's really the case, I generally do. As I'm reading the text
of this bill, it says that the dealer or his agent or her agent must make
or cause repairs to be made pursuant to the manufacture's or such
administration's recall such that the recall is satisfied. I -- I don't see
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anything in that bill that would give me any comfort if -- if I were a
dealer that I could go ahead and sell this vehicle until the recall was
satisfied. There's no language in here -- perhaps if that is the sponsor's
intention that the bill should be in my opinion modified or amended to
-- to clarify that, because especially when there's a penalty of up to
$5,000 for each and every violation, I -- I don't know about that. I
don't -- that's not the way that I read the bill at all.
I think that the -- the concept of taking care of these
recalls and making these repairs is -- is a good idea and I like the idea
of the -- of the consumer being informed that there is an issue, but I
find it very hard to believe, under the -- the language of this bill, that
if you've got a significant backlog or a parts -- a problem getting parts
in that you're going to be able to sell this vehicle without penalty and
at some future date the car is maybe going to -- is going to get fixed. I
think that potentially if it does hold up a sale, as I believe it would, I
think that there's a potential for a dealer to be less likely to want to
take certain cars in for trade, you know. There is a significant degree
of opposition to this bill as there has been in the past, I just want to
run through that for everyone's benefit. The Greater New York Auto
Dealers [sic], the New York State Auto Dealers Association [sic], the
New York Association of Service Stations & Repair Shops, the United
Automobile Insurance Company, Advocates for Highway and Auto
Safety, Center For Auto Safety and Carvana all oppose this bill.
There are some supporters of the bill as well, but this is a bill that has
had significant opposition in this House for years. And as I said it's
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been around for ten years. I think there's a reason for that. For those
reasons I'm going to be voting in the negative and I would encourage
my colleagues to do the same. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you, Ms.
Walsh.
Mr. Chang.
MR. CHANG: Yes, thank you very much, Mr.
Speaker. I appreciate the sponsor trying to do this. For me as a
consumer, for 40 years I've been buying used cars in various forms
from either auctions, private -- private sales, used car dealers. And as
a consumer I always try to check any recall features on it. And this is
one step that the dealership should make sure that the car itself is -- is
having any recall issues and satisfy that. But I suggest that this bill
should be amended a little bit further is to -- to have dealers to make
sure all recalls are satisfied before being sold because it makes sense
for car dealers to make sure that a car is completely -- completely all
satisfied, safety features and all, especially airbag, airbags and safety
features. And it's prudent for any car dealers that would like to sell
their car as immaculate as possible and not to be subject to lemon
laws. But I appreciate the sponsor for this bill. I know it's trying to do
some -- to do to protect the consumer itself. Thank you very much,
Mr. Speaker. Thank you.
ACTING SPEAKER AUBRY: Thank you, sir.
Ms. Byrnes.
MS. BYRNES: Thank you, Mr. Speaker. Will the
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sponsor yield?
ACTING SPEAKER AUBRY: Ms. Rajkumar, will
you yield?
MS. RAJKUMAR: Yes, of course.
ACTING SPEAKER AUBRY: Ms. Rajkumar yields.
MS. BYRNES: Thank you, ma'am. I'm a little bit
confused so I'm going to run down some of the scenarios. I
understand the concept of having automobile dealers, they're up and
down all the streets we drive on all the time selling new and used.
And you're indicating that has to be anyone who sells more than three
in a year would constitute a dealer under the statute, correct?
MS. RAJKUMAR: Correct.
MS. BYRNES: All right. And then when you were
asked about auction houses and if a dealer taking in old beat up cars,
they don't want them, they sell them to an auction house, but you said
then the auction house can sell then to a consumer as long as they sell
them as is, correct?
MS. RAJKUMAR: Correct.
MS. BYRNES: Why can't the dealer then sell them
to the consumer as is?
MS. RAJKUMAR: Well, I mean that would -- there's
lots of dealerships and auctions are just a narrow exception. That
would be demanding. That would significantly expand the exception,
which would defeat the purpose of protecting consumers.
MS. BYRNES: Well, but an auction -- a lot of
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auction houses do sell to consumers, people who are going to actually
drive the vehicle on the road and they are selling way more than three
cars, they're selling usually hundreds at a time but they're not
considered a dealer.
MS. RAJKUMAR: Correct.
MS. BYRNES: Okay. Then the follow-up question
is a lot of these auction houses sell to salvage yards. And the salvage
yards when they get in vehicles that can be repaired repair them and
sell them to people like me. I'm probably one of the few people here
who actually buys vehicles with salvaged titles. So I buy a car from a
basically your traditional junkyard that's been fixed up, they're going
to sell probably more than three during the course of the year. Does
the junkyard, does the salvage yard qualify as a dealer when the
auction house that they bought it from didn't, or does that
non-dealership continue to follow the (inaudible) --
MS. RAJKUMAR: Yes. That salvage yard would
qualify as a dealer and therefore be subject to the requirements of this
bill.
MS. BYRNES: So the auction house can sell the car
to a consumer as is, but if they sell it to a salvage yard who fixes up
the car to make it operable on the road, now all of a sudden it reverts
back and they have to become a dealer and follow through all this
stuff. Does this make sense to you?
MS. RAJKUMAR: That's correct, because there's an
exception for public auction that doesn't apply to the yard so yes, that's
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correct.
MS. BYRNES: Does that strike you as being at all
illogical that the person in between is exempt, doesn't have to do
anything and can pass it on either to another entity or to a consumer
and they're absolved of all responsibility for the vehicle, yet the next
person down the line after the auction house was absolved under this
law and made exempt, all of a sudden they become responsible. How
-- how does that work logically? I understand the bill. How does that
work logically or is this an issue?
MS. RAJKUMAR: Well, I will say is what's good is
that it's very, a very narrow exception, public auction. I will also say
that your logic is very interesting because it also -- it also explains
why I think this -- this bill is so important, which is to cover the
middleman. The middleman here is also the dealerships, right? And
right now they're not required to protect the safety of consumers. So
we really do have to address the issue of the middleman, because right
now the manufacturer, if there's an active recall on a car, a
manufacturer has to -- is required to contact every registered owner of
a vehicle that is sold, vehicles do and let them know of the recall. But
the middleman, the dealers are exempt from this. So this -- this bill
takes care of that loophole.
MS. BYRNES: Well, but it creates a different one
because then you make the person at the bottom of the -- the
spectrum, the -- the junkyard, the salvage yard, do you all of a sudden
put back in them the responsibility that began at the beginning but that
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was lost in the middle?
(Pause).
All right. No answer -- no answer to that one.
MS. RAJKUMAR: No, I've -- I've heard your point
several times and you heard my point so...
MS. BYRNES: And you do agree with it.
MS. RAJKUMAR: I agree --
MS. BYRNES: I mean I understand it's not covered
by this bill but you understand the inconsistency and the issue.
MS. RAJKUMAR: I agree with the facts that you
have laid out and I believe you've heard my response.
MS. BYRNES: All right. Thank you.
If I could be heard on the bill.
ACTING SPEAKER AUBRY: On the bill, Ms.
Byrnes.
MS. BYRNES: You know, I agree with a lot of the
comments that were made by Ms. Walsh that, you know, even going
back to the original dealer who may purchase it, a vehicle as a trade-in
that is older, it might be more delipidated, a lot of parts are not really
available anymore on older vehicles which is why people trade them
in as -- or give them away to a --a kidney car. They do all sorts of
things with vehicles that are older and are questionable as to they'll
ever be on the road again. So I'm guessing by this that once a car
becomes a kidney car, that if they want to sell it, they -- more than two
or three a year that they will become a dealer under the conditions of
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this law. You, know, it's just illogical. Again, the thought process is
good, we want safe cars on the road. I believe we have safe cars on
the road. They have to undergo all of the different inspections yearly
and it's just illogical, though, to draw a bizarre line in the middle
where an auction house can sell it as is but yet the next people that
may touch it down the line all of a sudden become responsible. So I
will be voting no. I do hope that next year after the inconsistency
issues start to play out in real life, this happens frequently with the
bills in this Chamber, that we'll probably be back here for
amendments and changes. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you, Ms.
Byrnes.
Mr. Novakahov.
MR. NOVAKHOV: Thank you, Mr. Speaker.
Would the sponsor yield?
ACTING SPEAKER AUBRY: Ms. Rajkumar, will
you yield?
MS. RAJKUMAR: Yes, I will.
ACTING SPEAKER AUBRY: Ms. Rajkumar yields.
MR. NOVAKHOV: I'm just trying to clarify, maybe
I missed something. So does the used car dealer need to perform the
repairs at their own cost or they will need to bring the car to the
manufacturer's official dealership for the repairs?
MS. RAJKUMAR: The dealer does not bear the cost
of the repair.
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MR. NOVAKHOV: They just --
MS. RAJKUMAR: The manufacturer bears the cost
of the repair. All the dealer has to do is cause the repairs to be made.
Basically initiate the process of the repairs.
MR. NOVAKHOV: Okay. So let's say the used car
dealer has a 100 cars on their -- their lot and a third of these cars have
recalls, right? So how the dealer -- the used car dealer will be able to
bring 35 cars to the manufacturer's official dealership. I mean they
don't even have staff for that because I'm familiar a bit with this
business. It's usually like one or two persons, people, you know, own
the lot, they're just selling the cars. So how do you see this?
MS. RAJKUMAR: I see the process as much
simpler. The dealer just has to scan the VIN numbers --
MR. NOVAKHOV: Okay.
MS. RAJKUMAR: -- of the vehicles, check with the
Federal directory --
MR. NOVAKHOV: Mm-hmm.
MS. RAJKUMAR: -- and identify any active recalls.
MR. NOVAKHOV: Okay.
MS. RAJKUMAR: That's mainly what the dealer has
to do. And then the dealer has to initiate the process of repairs. It
could be as simple as making an appointment.
MR. NOVAKHOV: Right, but -- have you been
through the process of making an appointment for the recall and going
to the dealership and -- it could take a day for one car, really, one day
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for one car, sometimes more, sometimes you have to leave the car
overnight and over week. I just don't -- I'm trying to see -- I
understand the good intentions of the bill, don't get me wrong, but I'm
just trying to see in the real world how it's going to work in the real
world because, you know, when -- when this is -- when -- when this
needs to be performed by a regular customer it's just one car, right?
When this needs to be performed by a used car dealer, it can be tens of
cars, it can be hundreds of cars. They -- they're just not capable of
taking care of so many cars, unfortunately. I mean I would be happy
for them to -- to take care of those but I -- I just don't -- don't -- don't
see that. How do you see that? I mean I --
MS. RAJKUMAR: How I see it is we have to do a
cost-benefit analysis.
MR. NOVAKHOV: Mm-hmm.
MS. RAJKUMAR: So it's the cost of people being
killed or injured on the road because they didn't know the car was
dangerous.
MR. NOVAKHOV: Correct.
MS. RAJKUMAR: Versus the small burden that
we're placing on the dealer. So when I do that cost-benefit analysis, I
think it weighs very clearly in favor of this bill.
MR. NOVAKHOV: I agree but it's -- it's not a small
burden, and let me just share an example with you. So a few years
ago I bought a used Audi, unfortunately. And I was bombarded with
the notification from the manufacturer that this car needs to be
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brought to the dealership in order to check the -- the airbag, right? So
the -- the person who buys the used car, doesn't matter if he buys it
from a third-party, from a used car dealer, there's already a law that
requires the manufacturer to send a notification to this used car owner
to notify him that there's a problem with the car, and he needs to bring
it to -- to the dealership. I mean I would understand if we would
require from the used car dealer to notify like I'm coming to the
dealership, used car dealership. They say know what? Yeah, you like
this car but we -- we need to tell you that you will have to take this car
to the dealership, to the official manufacturer dealership to, you know,
to do this repairs. And, you know, that would be fair that the burden
is on the car owner that has just one car, but when we're talking about
the used car dealership that has hundreds of cars - and I just don't see
them -- I just don't see -- like they have to hire an additional staff in
order to bring those cars to the official car dealership for the repairs.
That's -- that's -- that's an issue, that's -- that's -- that's a big problem.
MS. RAJKUMAR: I don't know if they would have
to hire additional staff. You know, there are now scanners where you
can actually scan --
MR. NOVAKHOV: I know but you have physically
--
MS. RAJKUMAR: -- (inaudible) to find out very
clearly --
MR. NOVAKHOV: You have to physically --
MS. RAJKUMAR: -- if there's an active recall.
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MR. NOVAKHOV: You have to physically bring the
car to the official dealership manufacturer.
MS. RAJKUMAR: No, you don't have to do that.
The bill does not require --
ACTING SPEAKER AUBRY: Excuse me.
MS. RAJKUMAR: -- the dealer to --
ACTING SPEAKER AUBRY: Let's ask a question
and then answer.
MR. NOVAKHOV: Okay.
ACTING SPEAKER AUBRY: Let's not cross each
other up, okay? I mean --
MR. NOVAKHOV: Okay. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: -- this is a debate, not
an argument on the corner.
MR. NOVAKHOV: Thank you for the reminder.
MS. RAJKUMAR: Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: And please talk into
the mic. I know it's polite to look at it but everybody wants to hear
this, right? Thank you.
MS. RAJKUMAR: So this bill does not require the
dealer to go to the manufacturer, physically, so no extra staff would be
needed I would contend.
MR. NOVAKHOV: But how --
MS. RAJKUMAR: So instead of -- yes. The bill
says that the dealer is required to cause repairs to be made. In other
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words to initiate the process of repairs. That's very different than
having the dealer actually go to the manufacturer. That's not what the
bill requires. So therefore I would argue that we are not placing an
undue burden on car dealers through this bill. I think we are making a
very simple request that will protect drivers and consumers and
ultimately save us a lot of money.
ACTING SPEAKER AUBRY: Okay. Now you can
ask a question, Mr. Novakahov.
MR. NOVAKHOV: Thank you very much, Mr.
Speaker.
ACTING SPEAKER AUBRY: Or you can go on the
bill if you have a statement to make.
MR. NOVAKHOV: Well, I'm -- I'm -- I'm just trying
to understand like how what we'll initiate is -- what's the meaning of
initiate if the -- if the used car dealership scans the VIN code,
whatever it is, and says there was a recall for the airbag replacement,
right? How he initiates. He needs to call the official dealership, make
an appointment, bring the car to an official -- official dealership is not
going to come to pick up this car to deal with the repairs and return
the car. If that would be the case, you know, that would be fantastic,
but unfortunately it's not the case. So there should be -- and the car is
not drivable by itself. So there should be a person who sits in the car,
drive to the -- to the dealership, right? Waits there until the car is
done or just drops it and picks up the other day, you know. That's
how things are done in the -- you know, in the repair world, the car
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repair world. So I just don't understand it. If the used car dealership
has 30, 40, 50 cars, they will need to hire additional staff in order to
bring those cars to the official dealership for the repairs. Otherwise --
maybe you have another idea. If you do, please share.
MS. RAJKUMAR: I -- I appreciate that, but I don't
think that you are reading the bill correctly. The bill says that the
dealer just has to cause repairs to be made, which could be as simple
as giving the information of the manufacturer franchisee to the
consumer. That alone would be enough to satisfy the requirements of
-- of this bill.
MR. NOVAKHOV: I'm very sorry but this is what
I'm reading on the board, relates to a prior motor vehicle dealer to
search for recalls and make certain repairs. So my first question was
should -- should the used car dealer make the certain repairs? You
said no, right, which is great, right?
MS. RAJKUMAR: I think you have correctly read
the board, but if you correctly read the bill, you will see that it also
says cause to make repairs, which is a lot different than making
repairs.
MR. NOVAKHOV: So what is on the board and on
the bill are different things?
MS. RAJKUMAR: Yes. The bill has additional
language --
MR. NOVAKHOV: That's interesting.
MS. RAJKUMAR: -- which answers your concerns.
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MR. NOVAKHOV: All right. Thank you. I don't
have anything else to say, I guess.
ACTING SPEAKER AUBRY: Thank you, Mr.
Novakhov.
MR. NOVAKHOV: Thank you. We need to fix the
board, Mr. Speaker. Thank you.
ACTING SPEAKER AUBRY: Thank you, sir.
Mr. Beephan.
MR. BEEPHAN: Will the sponsor yield for one
question?
ACTING SPEAKER AUBRY: Ms. Rajkumar, will
you yield for a question?
MS. RAJKUMAR: Of course.
MR. BEEPHAN: So for a point of clarification for
one of my residents, oftentimes when recalls are announced they don't
always have a certified way to repair that recall. So how would that
work during that period of time when a recall is announced, there's no
certified repair, would they be able to sell those vehicles or are they
required to hold it in their inventory until that repair is announced?
MS. RAJKUMAR: What would have to happen is
the car dealer first has to identify that there's an active recall on the
car.
MR. BEEPHAN: Right.
MS. RAJKUMAR: And then take reasonable
measures to initiate the process of repairs. So if there's no way yet to
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make that repair, the dealer's not required to do that. The dealer's
required to just take reasonable steps.
MR. BEEPHAN: So if they identify that there's a
recall, they relay that information to the consumer, the end purchaser
and they say, you know, you could bring your car back at X date once
that repair is confirmed. That is permissible enough for them to sell
the car.
MS. RAJKUMAR: Yes.
MR. BEEPHAN: Okay, thank you.
ACTING SPEAKER AUBRY: Thank you.
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 as written. Those
who support it should vote in favor of it 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 again this year going to be in
support of this consumer-friendly piece of legislation. However, there
may be some that would choose to be an exception and they can do so
by voting at their seat. Thank you.
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ACTING SPEAKER AUBRY: Thank you.
The Clerk will record the vote.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you, sir. I appreciate the
sponsor's desire, and as she explained it, to have dealers check to see
if there's a recall and then initiate the process. And as she noted, her
understanding of this bill, the dealer wouldn't actually have to
complete the repair as long as they began the process. And I
appreciate that interpretation. The concern I have is that the actual
language leaves a lot of room for ambiguity at best. And when we're
passing legislation we should do our best to make sure that the
language accurately reflects our intent. And what the language
actually says is that upon determining that there's a warranty recall,
the dealer, quote, "must make or cause repairs to be made such that
the recall is satisfied." That language is pretty unambiguous that the
dealer must make or cause repairs to be made in order to ensure that
the recall is satisfied, which is very clear that the dealer can't sell a car
until the warranty has been satisfied. And that's the word satisfied.
Now you might think this is a pro-consumer bill. Here's the problem.
Most of us when we buy a new car trade in the old car. And if the
dealer is forced to keep our old car on the lot until he finally makes
every single repair, we will get a much lower trade-in value for sure.
And so I would encourage my colleague to clarify that language
hopefully in another draft so we don't have to have this discussion in
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the future. Thank you, Mr. Speaker, and again thank you to my
colleague.
ACTING SPEAKER AUBRY: Mr. Goodell in the
negative.
Mr. Ra to explain his vote.
MR. RA: Just quickly, and I'm going to just go right
where my colleague just left off here. You know, I've had concerns
with this bill for a number of years and in particular because of what
was just raised, if dealers are worried about getting stuck with vehicles
that they are not able to sell they're going to be less likely to take those
trade-ins. And in particular if it's a dealer that's used to dealing with a
certain type of vehicle, you know, a certain make that they deal with
on a regular basis, they may be very aware of the type of recalls that
are out there and may be very well-equipped to have them fixed
quickly, but it takes away I think their ability and likelihood that
they're going to take other makes that they may be scared of being
stuck with for a period of time because they're going to be basically
having to wait for some other car manufacturer to make every recall
available. Many of us if you've ever dealt with a recall on your car,
especially if it's not something that is, you know, really, really, on the
safety side, sometimes there's a long wait to get parts and to get an
appointment to get a recall addressed. And that has an impact on the
consumer's ability to trade in cars and certainly on the market that will
be out there for used cars, which especially over the last couple of
years we saw how difficult that market became for -- for a period of
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time when, you know, there was a shortage of chips and new cars.
People couldn't get even used cars at that point. So, I think this is well
intended but I think it has the potential for broad ranging negative
impacts to the consumer. Thank you.
ACTING SPEAKER AUBRY: Ms. Rajkumar.
MS. RAJKUMAR: Thank you, Mr. Speaker. This is
a simple bill with an important goal to protect New York State
motorists from driving unsafe cars. It would protect people like
Michael Sharkey who purchased a 2006 Chevy Cobalt with a faulty
ignition switch. A week after purchasing it, he went on a fishing trip
and died on the road becoming one of 109 people killed in accidents
caused by faulty ignition switches, a faulty part that also injured 200
others. By requiring used car dealers to make a good faith effort to
determine if vehicles have active recalls this bill will save lives. It's
good for consumers. It's good for drivers. It's good for public safety.
I vote in the affirmative.
ACTING SPEAKER AUBRY: Ms. Rajkumar 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. Colleagues should be delighted to know that we're going to
add additional six debates to our schedule today.
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(Applause)
Yes. We're going to start number one, Mr. Speaker,
with Rules Report No. 324 by Mr. Epstein; followed by Rules Report
No. 396, Ms. Fahy; then we're going to go to Rules Report No. 432 by
Mr. Dinowitz; followed by Rules Report No. 317 by Mr. Otis; that's
going to take us to Rules Report No. 131 by Ms. Barrett -- I'm sorry,
Calendar No. 131 by Ms. Barrett and Calendar No. 127 by Ms.
Woerner. In that order, Mr. Speaker. Thank you, sir.
ACTING SPEAKER AUBRY: Thank you, Mrs.
Peoples-Stokes.
Page 13, Rules Report No. 324, the Clerk will read.
THE CLERK: Assembly No. A01191-B, Rules
Report No. 324, Epstein, Levenberg, Gibbs, Reyes, Simon, Colton,
Otis. An act to amend the Environmental Conservation Law, in
relation to requiring the Department of Environmental Conservation,
in coordination with the New York State Energy Research and
Development Authority, to submit an annual agency climate
expenditure report.
ACTING SPEAKER AUBRY: Mr. Epstein, a
explanation has been requested, sir.
MR. EPSTEIN: Thank you, Mr. Speaker. This bill
would require the Department of Environmental Conservation and
NYSERDA to do an annual summit report or climate report,
containing a comprehensive summary of all the spending by each
individual agency in the State that's related to meeting our climate
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goals, and if there's any breakdown to getting to those climate goals.
ACTING SPEAKER AUBRY: Mr. Palmesano.
MR. PALMESANO: Yes, Mr. Speaker. Will the
sponsor yield for some questions?
ACTING SPEAKER AUBRY: Mr. Epstein, will you
yield?
MR. EPSTEIN: Happy to, Mr. Speaker.
MR. PALMESANO: Thank you, Mr. Epstein. First,
I would say relative to your bill, I do think a comprehensive
assessment of State direct and State indirect spending on the
achievement of the CLCPA is really something we should really be
pursuing, but I think I have some questions regarding some of the
language and its scope here and to do that. So my first question for
you is I know reading in your account, in your bill memo, you talked
about how it's important, at the very end, for the public to be fully
aware of the expenditures; so that's your intention with this legislation,
correct, to make sure the public's aware of the expenditures?
MR. EPSTEIN: That is correct.
MR. PALMESANO: Is there any language in this
bill, because it talks about a report coming back to the leaders of the
Assembly. I mean I know you made an amendment, which we
appreciate, to include that report coming back from the Minority
Leader, but is there any language in here that reports -- that says this
report would have to be issued late -- released to the public or for
NYSERDA to put on their website, or how would that be addressed or
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will I have to FOIL it?
MR. EPSTEIN: It does get released to the public and
it gets released to all of us and then we use our bully pulpit to help
make sure that message gets out.
MR. PALMESANO: Okay.
MR. EPSTEIN: And like other reports, I presume
that they will put it on their website like they do every other report
that they release.
MR. PALMESANO: So it's your intention with this
legislation for like NYSERDA to publish this on the website for the
DEC to publish on its website.
MR. EPSTEIN: That is our belief that that's exactly
what will happen.
MR. PALMESANO: Now, I notice when you talked
about this legislation, you talked about State spending as far as the
agencies. Does this include directed State spending as far as where
the PSC orders programs like the Clean Fuel Standard or Offshore
Wind Initiative, or how they direct utilities, utilities, I mean in some
estimates before the utilities come out they said they're going to have
to spend between $4 and $6 billion in order to compile the goals. Will
that spending on those that aren't State agencies but are directed by the
State of PSC, would that have to be accounted for in this proposal?
MR. EPSTEIN: Just so I'm clear about your
question, you want to know beyond the State agencies, without State
money whether this report is going to require private authorities to
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report on private dollars?
MR. PALMESANO: Right. For example, I mean,
the PSC's spending money, the DEC, NYSERDA. We know
NYSERDA spends a lot of money when it comes to clean energy.
MR. EPSTEIN: But anything (inaudible) the agency
will be required to do a report.
MR. PALMESANO: Right, but if the PSC directs
spending on some of these programs like the Clean Fuel Standard or
the Offshore Wind Initiative, and also directing utilities, because the
utilities have a lot that they have to spend to meet with these
mandates. Would there be any accountability in reporting on those --
on those mandates because that the utilities have to pay, as far as that's
directed by the PSC to accomplish?
MR. EPSTEIN: So are you saying with public
dollars or private dollars?
MR. PALMESANO: Well, the -- whatever, I mean
there -- whatever -- well, because the State's -- the State's directing the
spending, but --
MR. EPSTEIN: But you mean the State directs the
spending of State dollars, right?
MR. PALMESANO: Well, no. I mean -- I mean --
MR. EPSTEIN: So let's say that private authorities
are spending private dollars, like -- like ratepayer dollars is different
than they're paying or they're spending our government dollars.
MR. PALMESANO: I think -- I think what I'm
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trying to get at is I'm talking about State-directed spending, the State
is directing the utilities to spend money to make these clean energy
mandates. And that like I said, the Public Service -- I mean, we know
four utilities (inaudible) is going to cost like 4- to $6 billion, so would
that spending that they're making and having to put out, they're using
ratepayer dollars, it's -- it's to meet the clean energy goals. This is
about -- talking about clean energy spending that's also being -- that's
clean energy spending but it's being paid for by the utilities which is
(inaudible) being paid by the ratepayers. Aren't we -- does this bill
account for that and require that to be part of this tabulation, or is it
just the money being spent by NYSERDA, is it just the money being
spent by the DEC?
MR. EPSTEIN: So the private utilities are already
required to do reporting. This is for reporting by government agencies
meeting the CLCPA goals.
MR. PALMESANO: But that would have to be
included in this report that's being put forward.
MR. EPSTEIN: No, because they're already required
to report.
MR. PALMESANO: All right. Does this require --
when it talks about the projects that are being funded, does it talk
about their costs and benefits in terms of like maybe dollars spent per
ton of emission reductions, the source of funds where -- where it's
coming from and any other spending mandates in State assessment
used by the payers?
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MR. EPSTEIN: Again, I just want to be clear, you're
talking about government dollars or private, ratepayer dollars?
MR. PALMESANO: Yeah, I mean obviously, you
know, I know you're not going to -- you already answered questions as
far as utilities and what they're spending, I acknowledge that's not
going to be part of this report. But as far as the State spending,
whether it's NYSERDA, does it have to detail, like dollars spent per
like ton of emission reductions, the source of the funds, both where
the program and the payers who's paying for it.
MR. EPSTEIN: I think basically the answer is yes. I
mean, we're going to require every agency to report what they did. I
mean the question about how granular the report's going to be, I can't
speak to at this point, but they're supposed to report on how we're
going to meet those goals so we can ensure that we are meeting them,
and if we're not meeting them, why we're not meeting our goals.
MR. PALMESANO: Okay. I know also in this -- in
this bill, it talks about the -- when they meet the goals are met then the
reporting has to stop. Who makes that determination if the goals are
met and when the spending stops, or reporting stops, excuse me, not
the spending.
MR. EPSTEIN: So when we passed the CLCPA, we
authorized the Climate Action Council and the Climate Action
Council released their report last year and that report, we set targets in
that report and so those -- once they meet those targets in the report,
then they'll have to stop reporting.
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MR. PALMESANO: Okay. So when the Climate
Action Council's the one who's going to make the determination when
they meet those goals?
MR. EPSTEIN: Well, collectively, we passed the
legislation that authorized the Climate Action Council --
MR. PALMESANO: Right, I understand that.
MR. EPSTEIN: So we passed the law that they then
are implementing through the Climate Action Council --
MR. PALMESANO: But as these -- as these goals
are supposedly met, does that mean -- and they don't have to report on
it, does that mean the spending is going to stop, and is the spending --
if the money still is going out the door and being spent -- is being
spent by NYSERDA, which is ratepayer money because we know it's
spent by the DEC, which is taxpayer money. I know utilities aren't
included, and they're going to be continuing to spend. If it's an
ongoing process and money is still going out the door, shouldn't there
be a reporting and accountability back to the taxpayers and the
ratepayers of the State?
MR. EPSTEIN: I have to say, if we get to the day
where we've met our Climate Action Council goals, that would be an
amazing day for us. And if we need to revisit whether they need to do
ongoing reporting, that's a conversation we can have, but that -- our
goal is to -- our job is to get to those goals and we're not anywhere
near them now. And your question is maybe they need to continue to
report after we met our goals. We may reset our goals, it's hard to
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know what that's going to be like whether it's two, five or seven years
from now, but I think getting to our goals is a critical point and that's
where we want to make sure we're getting to our goals.
MR. PALMESANO: I understand that. And on top
of what we're spending, what about, is there going to be in this report
going to be required to have like an itemized list of proposed spending
targets and projected impacts, is there going to be any talk about that
in this report?
MR. EPSTEIN: We expect to have a comprehensive
report that gives us all the details that were outlined here, and I think
when we say "comprehensive report," I think it's important to have all
those details. My expectation, we'll have a -- a real robust report.
MR. PALMESANO: Anything -- and I think I know
the answer to this question but I want to ask it for the record, anything
in this report that's going to show the impact of these clean energy
programs or green energy programs are going to cost the ratepayers in
-- in higher rates, or what it's going to cost businesses in the higher
rates, or what it's going to cost the conversion costs to, you know,
retrofit your home. Anything that's reported and identified cost in that
matter, or is it just basically on State agency spending?
MR. EPSTEIN: So this is about making sure when
we're spending our dollars we're meeting our goals, and I think what
you're asking for seems like a very -- maybe a little tangent issue than
this bill encompasses.
MR. PALMESANO: Okay. Thank you, Mr. Epstein.
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Mr. Speaker, on the bill.
ACTING SPEAKER BORES: On the bill.
MR. PALMESANO: First, you know, I -- I think as I
said, I do think, and I do think there may be some support for this but
over here but maybe not, a comprehensive assessment of State
spending and State-directed spending to what we're trying to achieve
with the CLCPA is a good thing, but I think there's problematic areas
here. I do think that I would rather see language in the bill, also, from
the perspective of making sure this is released to the public. I think
the sponsor has indicated that's the intent so that's a good thing. I do
think, and this is a case when we were talking about the utility
spending, same that they have to do it separately. I think by not
including that in this report, we're going to be missing billions of
dollars in spending that's basically going to borne on the back of
ratepayers.
You know, the fact of the matter is when we started
this whole process for the CLCPA, there was never a full -- a thorough
cost-benefit analysis that was done on this program, never done. In
fact, we asked for it, we had legislation, we -- we've talked about it.
This House ignored it. The Climate Action Council certainly ignored
it. What they put in the report was not a cost-benefit analysis. In fact,
when the Co-Chair of -- and NYSERDA President was asked in a
budget hearing a year ago and we asked what the cost of the impact of
the CLCPA would be to ratepayers, the answer was we don't know,
we have to see what the program has first. That seems like we're
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going a little bit backwards in this process. We should know what the
thorough cost-benefit analysis and the details are on individuals.
And although, again, I appreciate the intentions of the
sponsor, I do think we know this is problematic even beyond that.
NYSERDA came out with a report a little over two months ago saying
if we do nothing, if we just continue on this course of -- of continuing
to spend this so-called green dollars and renewable energy programs
for the CLCPA, gas prices at the pump for my constituents, your
constituents are going to increase $0.62 a gallon. Home heating costs
for natural gas are going to increase nearly 80 percent. I'd like to
know how many of you are telling your constituents that. I would
think not. I think the other part of this -- I mean the Climate Action
Council plan said hundreds of millions of dollars without an itemized
on the reports to ratepayers, to our businesses. Certainly we know in
the report both from the Climate Action Council, the Consumer
Energy Alliance and others who did a study said that retrofit and
conversion costs to mandate the conversion of your homes would cost
the average homeowner more than $35,000 to convert. And that
doesn't include just your heat pump or air source heat pump or
geothermal pump. You have to deal with the shell of your property,
you're talking about electric upgrades to your circuits. It's a
significant cost and not many are talking about that. They just say
we're going to keep moving forward with this but not talking about the
cost impacts, and that's very, very concerning. We can get into the
affordability on the other side of it, that's a whole other equation and
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I'll bring that up later.
But I think I'm just very concerned where we are here
on the spending. I just think -- I do commend the sponsor from the
perspective of what he's trying to accomplish with this legislation, I
think there needs to be more thoroughness, but I don't think this goes
far enough. And certainly, that non-agency directness, directed by the
PSC that's mandating spending by utilities and others to meet these --
the green clean energy goals of the Green New Deal for New York
needs to be a part of this equation, needs to be accounted for, needs to
be fully transparent. And the -- the -- the ratepayers and the public
and the taxpayers deserve to know. And I will tell you on the cost
side of things, and we can keep talking about cost. One thing I do
know for sure when you talk to businesses in this State, when you talk
to them about energy policy, they care about two things: Affordability
and reliability. And if they're not getting the affordability and
reliability in New York State, you can bet they're going to go to a state
where they can. This is the pathway we're heading down in this State
with our energy policy in New York State, taking away consumer
choice on how they heat their home, cook their food, the car they
drive, taking away freedoms. And I just think, and everyone says,
well, we're going to, you know, reduce emissions, but keeping in mind
that we're only 0.4 percent of total global emissions, 0.4, while China
is 29 percent, has 1,000 coal plants and building more. And in fact
they're expanding their coal capacity over the next year by 70
gigawatts, which is triple -- double our total generating capacity with
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our wind, with our solar, with our natural gas, with our nuclear. So
they're not going to help us meet our clean energy goals. So we're not
going to do that, we're not going to accomplish that. Alls we're going
to have is energy -- carbon leakage. We're not going to accomplish
what we want to do, but in the meantime we're going to continue to
bankrupt our families, our farmers, our small businesses and our
manufacturers with this energy policy which is not smart in my
opinion and certainly not green and clean, and we can talk about that
another time if you want to get into the -- the impacts of energy
storage and our electric vehicles with the need for cobalt which comes
from the Democratic Republic of Congo which is used in child labor
to extract that.
(Applause)
And we know it's being extracted and -- but we also
know -- and we can clap all you want, but children are dying, children
are being maimed, there's these mining collapses, and I'm glad
everyone thinks it's funny but it's not funny. We don't talk enough
about that and we should. You know, I hear people complain about
fracking wells and oil rigs, but I don't see any kids working on them.
So based on that, and again, I understand what the
sponsor's trying to do. I think we can do a better job at being more
transparent with the public on our clean energy spending to meet the
Green New Deal goals. We have to be more transparent and I think
we need to take into consideration more of the costs and affordability
of these programs and the impact and reliability of the grid, which is
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very challenged and is a big problem going forward in the future. So I
wish we'd think a little bit more about that as we move forward in the
future. But for that reason, Mr. Speaker, I'm going to be voting no on
this bill and welcome further discussion in the future. Thank you.
ACTING SPEAKER BORES: Read the last section.
THE CLERK: This act shall take effect February 1st.
ACTING SPEAKER BORES: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you, sir. I will be
supporting this bill because I think it's important that we recognize the
costs that are being incurred in the State of New York and our
agencies in implementing the Climate Action Program. I also agree
with my colleague, Mr. Palmesano, that that's only a part of the cost.
And when we look at the huge costs that are now facing this next year,
over 800,000 condo and cooperative owners in New York City who
are facing millions and millions of dollars, that's not included in this
report, and we're not looking at the billions of dollars necessary to
upgrade our infrastructure. So there's a lot of costs that aren't
included, but this certainly will help us understand a piece of the pie.
And for that reason I will be supporting it, but I certainly understand
and appreciate the comments of my colleagues that it's an important
piece, but only part of the picture. Thank you, Mr. Speaker.
ACTING SPEAKER BORES: Mr. Goodell in the
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affirmative.
Mr. Epstein to explain his vote.
MR. EPSTEIN: Thank you, Mr. Speaker. I rise to
explain my vote. So in 2019 when we passed the CLCPA, we really
set some goals out there to ensure that we can get to our -- our -- what
we needed to do for climate change in our State. And then the
Climate Action Council came with really more specific things. But
the reality is we don't know how we're going to get to those goals
unless we know how we're going to get to those goals and that's
exactly what this bill does. It creates a comprehensive report to
ensure that we step by step by step get to our climate goals. And if
we're making our goals, we can see that path along the way. And
some of our agencies aren't, we can figure out what's going on and
then rectify. Because we can't wait for five years or ten years to get
there, we have to act now and this bill helps us ensure that we get
there and I encourage all my colleagues to vote in support of this bill.
This is an important piece of legislation to support the work that we've
been doing in New York State to know that climate change is real, to
know we have to move in that direction, and to act and really expedite
ways to get that done. Thank you, Mr. Speaker.
ACTING SPEAKER BORES: Mr. Epstein in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
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Page 14, Rules Report No. 396, the Clerk will read.
THE CLERK: Assembly No. A07035-A, Rules
Report No. 396, Fahy, McDonald, Santabarbara, Walsh, Ra. An act to
amend the Public Health Law, in relation to establishing a special
needs assisted living program to serve persons with neurodegenerative
diseases.
ACTING SPEAKER BORES: An explanation has
been requested.
MS. FAHY: Thank you. This bill is in some ways
referred to as the special needs assisted living program. It would
create enhanced special needs for assisted living programs to serve
residents with neurodegenerative diseases such as dementia,
significant cognitive diseases that are coupled with behavioral
disturbances. And this can affect those with Alzheimer's, Parkinson's
Disease or Lewy Body Dementia. And again, this is to help with the
long-term services they may not be able to get or where they've been
rejected in other homes.
ACTING SPEAKER BORES: Mr. Jensen.
MR. JENSEN: Thank you, Mr. Speaker. Will the
sponsor yield for a couple questions?
ACTING SPEAKER BORES: Will the sponsor
yield?
MS. FAHY: Sure.
ACTING SPEAKER BORES: Yes.
MR. JENSEN: Thank you very much, Ms. Fahy. So
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currently, there are long-term care providers, nursing homes, assisted
living, that have licenses to provide care and have speciality memory
care units for their residents. Will this legislation affect any of the
facilities that currently have a license in New York State to provide
memory care?
MS. FAHY: No. This -- this is actually expected, or
intended to be helpful because those that have the behavioral
disturbances or behavioral issues are actually have either been rejected
in some homes or actually been asked to be removed and we are
seeing hospitals that are -- that are, you know, having to care for some
of these individuals because of the behavioral issues.
MR. JENSEN: Okay. Once this bill, if and when it's
signed into law, and DOH starts issuing new licenses for this type of
care and this type of location, will these new license requirements be
similar, the same, as the long-term care providers who are currently
providing memory care services under their existing license?
MS. FAHY: These licenses will be similar, the base,
but they will also have these enhanced type services to -- to help
address these behavioral and medical needs. So it's essentially an
enhanced license to serve this particular population, again, with these
behavioral disturbances.
MR. JENSEN: So either the same or very similar
requirements regarding staffing levels, safety regards for wandering,
the ability to control access whether from external entrance or from
somebody who may be suffering from a memory disorder from
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leaving and causing injury to themselves. That will be very similar to
what's already in place in more congregate care settings.
MS. FAHY: Absolutely.
MR. JENSEN: Okay. And the idea is to ensure that
residents who are dealing with these health issues can receive proper
care in a location that meets their acuity level, correct?
MS. FAHY: Exactly. Yes, thank you.
MR. JENSEN: Thank you very much, Ms. Fahy.
Thank you, Mr. Speaker.
MS. FAHY: Thank you.
ACTING SPEAKER BORES: On a motion by Ms.
Fahy, 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 BORES: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Ms. Fahy to explain her vote.
MS. FAHY: Thank you, Mr. Speaker. I rise to
explain my vote, and I want to start with an appreciation. This -- this
bill has been awhile in the making, and it really is to address these
advanced long-term care needs for what is a growing issue in terms of
those with severe neurodegenerative diseases such as those, again,
with Alzheimer's, Lewy Body Dementia or Parkinson's Disease where
it portrays a behavioral manifestation. These are very complex care
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needs and they require intensive staff time. These are sometimes
individuals who have either been rejected from certain assisted living
facilities or nursing homes, or who have been removed from those
facilities and often end up then in long-term care in hospitals which
has created a very serious problem, as well as a gap in the continuum
of care with -- for those with long-term care needs.
I want to do a special shout-out to those with the
Alzheimer's Association, as well as the Michael J. Fox -- the Michael
J. Fox Foundation who really helped to push and educate us about a
number of these needs. And just one statistic. At this time, we have
over 400,000 New Yorkers, 400,000 New Yorkers who are living with
Alzheimer's. That doesn't mean they all have behavioral problems, it
doesn't mean they all require this level of care by any stretch of the
imagination, but it gives us a ballpark as to just how rapidly growing
some of these needs are for or may need with long-term care. And
again, this bill is to address those who need this enhanced special
needs assisted living residences. And with that, I vote in the
affirmative. Thank you, Mr. Speaker.
ACTING SPEAKER BORES: Ms. Fahy in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 16, Rules Report No. 432, the Clerk will read.
THE CLERK: Assembly No. A02080, Rules Report
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No. 432, Dinowitz, Weprin, Williams, Colton, Seawright, Simon. An
act to amend the General Business Law, in relation to requiring
mandatory arbitration clauses in certain consumer contracts to be
printed in large font type.
ACTING SPEAKER BORES: An explanation has
been requested.
MR. DINOWITZ: The purpose of the bill is to
require that when a company issues a contract that contains a
mandatory arbitration clause to a consumer for signature that the
arbitration clause be in a large font.
ACTING SPEAKER BORES: Mr. Goodell.
MR. GOODELL: Would the sponsor yield?
ACTING SPEAKER BORES: Will the sponsor
yield?
MR. DINOWITZ: I will.
ACTING SPEAKER BORES: The sponsor yields.
MR. GOODELL: Thank you, Mr. Dinowitz. And it
seemed like a great, clear, concise explanation of this bill, so thank
you for that.
MR. DINOWITZ: You're welcome.
MR. GOODELL: And as you indicated, it applies to
contracts with consumers, correct?
MR. DINOWITZ: I believe -- I believe I said
consumer, yes, I did say that.
MR. GOODELL: Yeah, and I agree. And I'm
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looking at page 2, by the way, line 17, and it applies for goods or
services, right?
MR. DINOWITZ: Yup.
MR. GOODELL: A consumer contract for goods or
services, correct?
MR. DINOWITZ: Yes.
MR. GOODELL: And a consumer, of course, is
defined on the prior page on -- on line 5 as a natural person. So what
we're really talking about is a contract with a natural consumer,
natural person consumer for goods or services, correct?
MR. DINOWITZ: Yes.
MR. GOODELL: And those contracts under this bill
would have to be in 16-point font if it contains an arbitration clause.
MR. DINOWITZ: The arbitration clause part of the
contract, yes.
MR. GOODELL: So my question is, the existing law
says no written contracts for the sale or purchase of consumer goods
shall contain a mandatory arbitration clause, period. So if all
mandatory -- all arbitration clauses that are mandatory are already
precluded in total under the prior paragraph of the law, what other
contracts are there?
MR. DINOWITZ: All this bill does, I don't know
about your copy, but my copy has the new stuff in green and
underlined, it makes a very simple change, as you described, to the
portion of the contract that contains the arbitration clause, period.
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Large size is defined as 16-point font.
MR. GOODELL: Right. So I'm stepping back a little
bit, on page 2 of your bill --
MR. DINOWITZ: Mm-hmm.
MR. GOODELL: -- starting on line 3, it says no
written contract for the sale or purchase of consumer goods entered
into after the effective date of that clause, shall contain a mandatory
arbitration clause. So we bar all mandatory clauses 100 percent
regardless of the font on consumer good contracts currently, correct?
MR. DINOWITZ: Well, that's not what this bill does.
MR. GOODELL: No, but I mean that's the current
law, right?
MR. DINOWITZ: Well, that's what it says, but what
this bill does, the bill that we're actually debating, it simply says that
the clause has to be in 16-point font. That's the bill, nothing less,
nothing more.
MR. GOODELL: So the clauses that are not allowed
to be in the contract in the first place have to be in 16-point font?
MR. DINOWITZ: The mandatory arbitration clause
would have to be in 16-point font.
MR. GOODELL: I see on page 1, line 4, the
reference to arbitration clause is being prohibited, the word prohibited
is struck from the title. Why is that?
MR. DINOWITZ: Because we changed the name of
the title to make sure we're not running afoul of any Federal
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preemption or court rulings or anything like that. So we took out that
one word of the title of the section.
MR. GOODELL: I think I'm starting to understand
this. So what you're saying, and I apologize --
MR. DINOWITZ: Well, I hope (inaudible) so that's
excellent news.
MR. GOODELL: Yes, I hope so. So what you're
saying is that even though Section 2 bars all mandatory arbitration
clauses in consumer contracts, there's a concern that Section 2 of the
existing law might actually be inconsistent with the Federal provisions
and be unenforceable, and if that's the case and Section 2 is no longer
effective, then these arbitration clauses should be in 16-point font; is
that the correct analysis?
MR. DINOWITZ: Although I didn't necessarily
imply that, you are certainly welcome to infer that, but what I'm
saying here is that any arbitration clause simply has to be -- mandatory
arbitration clause, simply has to be in 16-point font, that's it.
MR. GOODELL: Thank you, Mr. Dinowitz.
MR. DINOWITZ: Any time.
MR. GOODELL: On the bill, sir.
ACTING SPEAKER BORES: On the bill.
MR. GOODELL: So as my -- as my colleague noted,
this bill would require mandatory arbitration clauses on consumer
contracts to be in 16-point font, except current law already bans all
arbitration clauses in consumer contracts. So I don't -- I don't
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understand why we would require 16-point font on a clause that's
prohibited by current law, unless my colleague doesn't think current
law is valid, which may be why he took out the reference to
prohibiting these mandatory contracts. So if the current prohibition is
not valid, let's just repeal it instead of prohibiting all mandatory
arbitration clauses and then saying, but if you do have one, it has to be
16-point.
So I think the current law is already very clear, you
can't have mandatory arbitration clauses in consumer contracts. I
don't care if my colleagues want to vote to have the barred clause in
16-point, or 0-point, because it should be 0-point because it shouldn't
be in there to begin with. Thank you, Mr. Speaker.
ACTING SPEAKER BORES: Read the last section.
THE CLERK: This act shall take effect on the 180th
day.
ACTING SPEAKER BORES: A Party vote has been
requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. I think the
Republican Conference is generally opposed, but since I'm not sure,
those who are here on the floor can correct me if I'm wrong by voting
yes in favor of this language. Otherwise the rest of us will be cast as
no. Thank you, sir.
ACTING SPEAKER BORES: Thank you.
Ms. Solages.
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MS. SOLAGES: Thank you, Mr. Speaker. Majority
members will be voting in the affirmative. Those who wish to vote in
the negative, I encourage them to press their button on their desk.
Thank you.
ACTING SPEAKER BORES: Thank you.
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.)
The bill is passed.
Ms. Solages.
MS. SOLAGES: Can we please go to page 3 for
resolutions?
ACTING SPEAKER AUBRY: We certainly have
resolutions on page 3. Assembly No. 636, the Clerk will read.
THE CLERK: Assembly No. 636, Mr. Sayegh.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 21, 2023, as Telepractice Awareness
Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 637, Mr. Cunningham.
Legislative Resolution memorializing Governor
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Kathy Hochul to proclaim May 27, 2023, as Pinkster Day in the State
of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 638, Ms. Solages.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 12-18, 2023, as Infant Mental Health
Awareness Week in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 639, Mr. Maher.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 18-24, 2023, as Lightning Safety
Awareness Week in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 640, Ms. Reyes.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 2023, as Immigrant Heritage Month in
the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
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adopted.
THE CLERK: Assembly No. 641, Mr. Ramos.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim August 26-27, 2023 as Peruvian
Gastronomy Weekend in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assemby No. 642, Ms. Solages.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim August 2023, as Breastfeeding Awareness
Month in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 643, Ms. Darling.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim October 14, 2023, as Chess Day in the State
of New York.
ACTING SPEAKER AUBRY: Ms. Darling on the
resolution.
MS. DARLING: Thank you, Mr. Speaker, for
allowing me to speak on this Chess Day Resolution. The game of
chess has been around since about the 6th Century when it first
appeared in India. It's one of the oldest and most popular games to
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date, and it's a game for people of all ages bringing them enjoyment
while at the same time raising IQ scores. This resolution coincides
with National Chess Day, which was first celebrated in 1976. Chess is
a game that bars differences in race, language, religion, or castes with
several competitions taking place each year. It promotes fairness,
inclusion, and mutual respect amongst individuals, which entitles
them to high mental capabilities.
The New York State Chess Association is the oldest
continuously run chess organization in the United States, having been
formed in Auburn, New York, in 1878. It is the official New York
State affiliate of the United States Chess Federation, and its history
predates the establishment of USCF. This vital association organizes
a variety of State sanctioned championship tournaments across the
Empire State, including the annual New York State Chess
Championship, which has been held in Albany on Labor Day
Weekend every year since 2006. Renowned New York State
champions have included Bobby Fischer, Joel Benjamin, José
Capablanca and Frank Marshall, the current scholastic champion and
New York City player is player Gus Huston.
I learned the game of chess around age four. My
sister Sidney and I became nationally-ranked chess players who
practiced and competed seven days a week. I credit the game for
developing my strategic approach to problem-solving which has
served me well in every endeavorer I've embarked on. I am so
honored to be able to dedicate this resolution to my father, who was
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my chess coach, my late father, and I believe this is the first time in
New York State we've ever had this resolution. So thank you, Mr.
Speaker, for allowing me to speak on this resolution.
ACTING SPEAKER AUBRY: Thank you, Ms.
Darling.
On the resolution, all those in favor signify by saying
aye; opposed, no. The resolution is adopted. 7:53.
THE CLERK: Assembly No. 644, Ms. Sillitti.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim October 15, 2023, as Pregnancy and Infant
Loss Remembrance Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 645, Mr. Zebrowski.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim October 29, 2023, as Furniture and TV
Tip-Over Prevention Awareness Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 646, Ms. Buttenschon.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim October 2023, as Disability Employment
Awareness Month in the State of New York.
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ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 647, Ms. Rosenthal.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim November 11, 2023, as Lung Cancer
Screening Awareness Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 648, Mr. Sayegh.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim November 28, 2023, as Albanian-American
Heritage Day in the State of New York.
ACTING SPEAKER AUBRY: Mr. Sayegh on the
resolution.
MR. SAYEGH: Thank you very much, Mr. Speaker.
I rise today to celebrate Albanian-American heritage and,
independence, and Albanian-Americans are very much a fabric of
New York and USA society. Their contributions in many fields in
economics and in business, in politics, is evident in their success.
New York State has over a half a million Albanian-Americans and I'm
blessed to work very closely with the very large and viable
Albanian-American community in the City of Yonkers in my district
and I know that Albanian-Americans exist throughout New York State
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in many communities, viable hard-working and compassionate
Albanian-Americans. So today it is my pleasure to put this forth this
resolution celebrating Albanian-American independence which took
place from the Ottoman Empire November 28, 1912. And again
November 28th this year, we will celebrate with this resolution
Albanian-American heritage and independence. Thank you very
much.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 649, Ms. Wallace.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim November 2023, as Hospice and Palliative
Care Awareness Month in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. If you call on Mr. Goodell for the purposes of an
announcement.
ACTING SPEAKER AUBRY: Mr. Goodell for the
purposes of a announcement, sir.
MR. GOODELL: Thank you very much to the
Majority Leader for recognizing me for an important announcement.
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If you would please now recognize Mr. Norris, we will actually
accomplish something.
ACTING SPEAKER AUBRY: Mr. Norris for the
purposes of a announcement.
MR. NORRIS: Thank you, Mr. Speaker. I would
like to announce that tomorrow morning at 9:30 a.m. in the Parlor
there will be a Republican Conference tomorrow morning.
ACTING SPEAKER AUBRY: 9:30 a.m. in the
Parlor for the Republican Conference.
MR. NORRIS: Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you so very
much.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, if you
would now call on Mr. Jacobson for the purpose of an announcement.
ACTING SPEAKER AUBRY: Mr. Jacobson.
MR. JACOBSON: Mr. Speaker, as you could say
we're less bureaucratic on our side of the aisle, it only took one person
to recognize and so this day is continuing with our Conference to be
held for the Majority immediately following the end of Session in
Hearing Room B.
ACTING SPEAKER AUBRY: Democratic
Conference following Session today.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, colleagues.
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It's important to adhere announcements, announcements are
important. Mr. Speaker, do you have any further housekeeping or
resolutions?
ACTING SPEAKER AUBRY: We have both, Mrs.
People-Stokes.
On a motion by Mr. Carroll, page 17, Rules Report
No. 422, Bill No. A03499, amendments are received and adopted.
On behalf of Mr. Gibbs, Bill No. A04009, Assembly
bill recalled from the Senate. The Clerk will read the title of the bill.
THE CLERK: An act to amend the Correction Law.
ACTING SPEAKER AUBRY: Motion to reconsider
the vote by which the bill passed the House. 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.
Resolution No. 652, the Clerk will read.
THE CLERK: Assembly No. 652, Ms. Glick.
Legislative Resolution congratulating Dr. Alan S.
Chartock upon the occasion of his retirement after 44 years of
distinguished service as CEO and President of the WAMC Northeast
Public Radio.
ACTING SPEAKER AUBRY: Ms. Glick on the
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resolution.
MS. GLICK: Thank you, Mr. Speaker, for the
opportunity to talk about the importance to freedom of the press,
freedom of expression and the commitment that Alan Chartock has to
the institution of public radio. And people here should know that
when WAMC was a single radio station here in Albany - and I've
listened to WAMC now for 33 years and found it to be one of the best
public radio stations in the country. Alan Chartock actually was also
the founder and publisher of the Legislative Gazette. Now those of
you who were around for a while know that that used to come to our
offices and would provide information for people and Alan Chartock
was in fact the -- the person responsible for the Legislative Gazette.
He was a -- he graduated from Hunter College, so it's the old CUNY
college tie, and then he went and got a master's from the American
Public University and his PhD in Political Science from NYU. He
taught both at New Paltz and at SUNY Albany and he is still a
Professor Emeritus at SUNY Albany. He has built from a single radio
station the Northeast Public Radio Network that is not just in
enumerable communities around New York State but actually is heard
in Massachusetts and Vermont and Connecticut. Alan is just a
remarkable figure, 44 years as CEO and President and built something
that has an incredible reach. And I -- I just have to say that he has
added really unique programs because here in -- in Albany you can
listen to the Capitol Connection which focuses on us in the Capitol.
The Congressional Corner which reaches across the Northeast having
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various congressional members, I know I've been interviewed, I know
that our Majority Leader has been interviewed by Alan, the
Roundtable which is a discussion -- is one of the best political
discussion programs on radio. It can be heard from 9:15 until almost
about 11:00 o'clock and it is -- there's the Media Project discussing
freedom of the press and freedom of expression. Alan is also
responsible for creating The Linda which is a performing arts center
down on Central Avenue and it's not only for concerts but there are
lectures and film presentations, it's just a remarkable amount of work
that this -- that this-- Alan's not that much bigger than me. He may
not at this point be bigger than me. And I think that he probably was
about 5'8 when he started but all of that work, all of that grit, just over
44 years, an incredible, an incredibly dedicated, forward-thinking,
smart guy, who could have done a lot of other things but he was
committed to public radio. And he's just done an unbelievable job.
And as a lover of radio, people who come into my office know there's
one on the credenza, I've got three radios in a small apartment so I'm
never too far from and I'm very entertained by people who listen to
podcasts because essentially in my world, that's radio. So I just so
appreciate the opportunity to give kudos to Alan Chartock for his
body of work that is truly remarkable and outstanding and totally
focused on the importance of New York and then he spread out a little
bit but his focus has been government, public service and New York.
And I thank you so very much, Mr. Speaker, for giving me this
opportunity.
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ACTING SPEAKER AUBRY: Thank you.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker, for the opportunity to speak on this privileged resolution. I
do want to commend the sponsor. I think when I heard that she was
doing this, it was just fabulous. I have had many occasions to meet
Mr. Chartock, because he always called me over for interviews. And
sometimes you feel a little challenged when you're going to have an
interview with a reporter, no matter what station they come from, but
never with Alan Chartock, he was so charming, super delightful and
very direct in his questioning. And I think the thing I appreciated
more about his style of questioning and, you know, I know we're
going to lose not having him on the scene anymore is that he would
ask you a question, you know, most of the time reporters already
know what the answers they want to hear from you. If they don't hear
it, they ask you another question. He would ask you and accept the
answer that you gave him and allow that to be the answer to the
question that he asked. And I have a lot of respect for that because
sometimes, you know, when you're a reporter you have your story
already set on what you want it to be. And so you're interviewing
somebody that helps support your plan for the story, and sometimes
that plan works and sometimes it doesn't. Alan had a huge respect for
people coming to the table to speak to him when they're in their own
privileged thought. This is what they think, I'm going to accept what
they say and then I'll ask a question a different way and it would still
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come back the same way. So I appreciated his career. He did tell me
that he started the Legislative Gazette, which by the way I don't see
around here as much anymore as I used to when I first got here and so
he will definitely be missed on that radio station. I listen to it. As was
mentioned it goes a lot of places over the Northeast and because of the
way we can stream things now you can listen to it almost anywhere in
the world. He will be missed, but I'm happy for him in his retirement.
I hope that he lives a successful life when he leaves this work as he
has when he carried us on for the last four decades. Again, all the best
to Alan Chartock.
ACTING SPEAKER AUBRY: Thank you.
Mr. Keith Brown.
MR. K. BROWN: Thank you, Mr. Speaker.
(Inaudible/mic off) -- standing up and talking about resolutions at the
end of Session for this -- this very reason, but the hour's late and I just
wanted to add to the discussion about the institution that is Alan
Chartock. Alan Chartock also ran the internship program here in the
Legislature for many years. My brother Steven actually interned in
the Assembly. And then when I was at Albany, I did the internship
back in 1990 and Alan Chartock was nice enough to place me with
Senator Norman Levy. And it was that internship that made me want
to run for the Assembly some thirty years later. So I appreciate very
much what Professor Chartock has done for -- for this town, for
SUNY New Paltz, for SUNY Albany and for the legislative process
here and enlightening so many of us through the Legislative Gazette.
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So thank you Professor Chartock.
ACTING SPEAKER AUBRY: Thank you.
Ms. Barrett.
MS. BARRETT: Thank you, Mr. Speaker. I rise,
too, to congratulate Alan on his retirement and thank our colleague for
bringing forth this resolution. WAMC covers my entire district, it's
one of the important and continuing news sources and programming
for many, many people. During all of their fund drives I would always
hear my constituents calling in and making contributions, which was
helpful information to have. But I particularly appreciated his -- his
cherishing the community and the culture and the arts of the Hudson
Valley, even though he lived in Great Barrington, his relationships
with longtime Hudson Valley performers and cultural institutions like
Pete Seeger and James Taylor who was also more from the Berkshires
but also Natalie Merchant were very much part of what he cared about
as was the presidential history and the FDR Library and Tanglewood
and other really great institutions in the area. So I find and continue to
find WAMC a very special part of my district and of my life, my four
decades in the Hudson Valley and I thank Alan for being part of it and
I thank Deborah for bringing forth this important resolution. Thank
you.
ACTING SPEAKER AUBRY: Thank you.
Ms. Fahy.
MS. FAHY: Thank you, Mr. Speaker. I want to join
in this -- these accolades with a whole list of colleagues and how
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wonderful to see this. Yes, Alan Chartock was actually one of the first
people I met when I moved to this area and I first heard about him
when I was working in Washington, D.C. so that's how well-known he
was. Absolutely legendary and built quite an institution at WAMC.
Forty years is impressive in any profession, but certainly he was
known as being tireless and known for his energy. And as
Assemblymember McDonald and I would often say also known as a
character. So for those of those that have listened to him at all. I also
was about to say the Legislative Gazette I think was also something I
was also impressed with because we talked all the time about growing
young people, giving them opportunities. And those internships at the
Legislative Gazette, I was going to say lead to many future reporters.
I love to see it lead to a future member. So not just reporters but also
members and how wonderful is that that those opportunities are what
really spurred on the interest here. So, with that, I -- it truly was -- he
helped really revolutionize a political media and the attention to poke
the need for political media not just in this region but really
throughout radio, so it's a congratulations on his retirement. To those
of us that have listened to him for a couple of decades, it's still a little
bit of a shock that he is retiring and hard to imagine but we wish him
only the best and I truly want to thank the sponsor for offering and
taking the initiative on this resolution. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you.
Mr. Burdick.
MR. BURDICK: Thank you, Mr. Speaker. Well, I
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have a slightly different perspective on this. I didn't know Alan
Chartock but I certainly had listened to his programs and that was
brought to me by my wife who lived in Great Barrington for a bit, and
we had a place in Great Barrington in the late 1980s and she said you
have to listen to this. He is unbelievable and I couldn't agree more.
He was captivating, he always had a great sense of humor and really
got to the essence of things without being deprecating or insulting to
the people he interviewed. And I, too, became a devotee of his
programs. So I commend the sponsor for bringing this resolution and
join in the accolades for Alan Chartock, so well-deserved. Thank you,
Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you.
On the resolution, all those in favor signify by saying
aye; opposed, no. The resolution is adopted.
Resolution No. 656, the Clerk will read.
THE CLERK: Assembly No. 656, Ms. Jean-Pierre.
Legislative Resolution commemorating the 79th
Anniversary of the D-Day Invasion on June 6, 2023.
ACTING SPEAKER AUBRY: Mr. Manktelow on
the resolution.
MR. MANKTELOW: Thank you, Mr. Speaker.
First of all, I'd like to thank Assemblywoman Jean-Pierre for bringing
this resolution forward. Today marks the 79th Anniversary of D-Day.
On D-Day, the allied assault on Normandy, France by troops of the
United States, the United Kingdom, Canada, also known as Operation
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Overlord. The D-Day landing was the largest combined armed
amphibious assault in history including approximately 132,000
members of the allied expeditionary force including 57,000 members
of the United States Armed Forces, more than 23,000 airborne troops
supporting the seaborne landings and more than 14,000 sorties flown
by our allied aircraft. And one -- one other point. It consisted of five
infantry divisions, two American, two British and one Canadian. Also
to the beaches code named from West to East, Utah, Omaha, Gold,
Juno and Sword.
One of the highlights I'd like to talk about really
quick, a few months ago I had a chance to meet with a World War II
Veteran, and he actually came in on the second wave at Omaha
Beach. And he sat down with me for quiet a while and told me some
of the things that he had seen that day, and I really couldn't put it into
perspective until the end of our conversation. And I'll never forget
what he said. He had come in, he had seen all sorts of carnage that no
one would ever want to see in their life. He made it into the beach, up
on the shores, up on land. A few days later he was one of the many
members that finally got to liberate one of the concentration camps.
And out of respect for this individual, I won't use his name and I won't
talk about the concentration camp that he liberated. As we talk about
many things in this House each and every day, we just talked about a
gentleman and what he meant to many of you, but I want to talk about
the man that came into that shore that day. Without these men from
all over the world we may not have the freedoms that we have in this
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House today. And I just don't ever want us to forget about those
individuals that gave us the opportunity to be here as
Assemblymembers to work in this House to represent the people of
New York. That may have not happened if they didn't do what they
said they were going to do. And I want to thank the women that were
behind the scenes that helped these gentlemen, these men get prepared
for D-Day and get them to where they had to be. And I did a little
quick history. There was one woman that was actually on Omaha
Beach that day, Martha Gellhorn. She was a war correspondent and
she made it through D-Day. And I thought that was pretty remarkable
that she was there. So, Mr. Speaker, on this day, may we as a nation,
may we as New Yorkers, may we as Assemblymembers never forget
what these individuals did for us to give us our freedoms today.
Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you, sir.
Mr. Keith Brown.
(Applause)
MR. K. BROWN: Thank you, Mr. Speaker.
(Inaudible/mic off) I really want to thank Member Manktelow for
standing up and -- and talking about this. And I also want to thank
Member Jean-Pierre for bringing forth this resolution and
remembering the importance of this day in our nation's history. You
know, like many of you in this room I meet with many young people
and I dare say unfortunately most kids who are in junior high and high
school don't know the significance of June 6th, 1944. And it's
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something that I as a history buff myself, I want to make sure that the
next generation understands that. So -- and that they understand the
sacrifice for us.
So on June 6th, 1944 approximately 156,000 allied
soldiers from 13 nations stormed the beaches of Normandy dubbed
Operation Overlord. As Brian said it's the largest seaborne
amphibious assault in world history under the command of General
Dwight D. Eisenhower. Failure was not an option for the fate of
Europe and the end of World War II hung in the balance. Thousands
of brave Americans gave their lives that day for freedom over tyranny
and it was the turning point of the war. I would just like to read the
message that General Dwight Eisenhower gave to the soldiers and
sailors that morning.
To the Soldiers, Sailors, and Airmen of the Allied
Expeditionary Force. You are about to embark upon the Great
Crusade, towards [sic] which we have strived [sic] these many
months. The eyes of the world are upon you. The hopes [sic] and
prayers of liberty-loving people everywhere march with you. Your
task will not be easy [sic]. Your enemy is well trained, well equipped
and battle-hardened. The tide has turned. The free men of the world
are marching together toward [sic] Victory. I have full confidence in
your courage, devotion to duty and skill in battle. We will accept
nothing less than full Victory. Good luck! And let all of -- and let us
all beseech the blessing of Almighty God upon this great and noble
undertaking.
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It's very hard for us to sit here today and imagine
what the men in those amphibious landcrafts we're thinking about in
the moments right before they stormed the beaches. But I want to
thank you, Mr. Speaker, and the sponsor for allowing me to pause in
our deliberations to remember those brave men who died for us on
this day 79 years ago. Thank you.
ACTING SPEAKER AUBRY: Thank you, sir.
Ms. Walsh.
MS. WALSH: Thank you very much. I just want -- I
wasn't planning on speaking on this today but I just wanted to share
with you that there was one man that made it out of D-Day and I'm
very glad he did, it's my dad. My dad would have been 99 years old
this April and he served on a destroyer escort the USS Amesbury,
which is just like the Slater that's just right here -- right here in
Albany. And a couple years ago when we were cleaning out my
mom's house when she was selling her house and moving into an
apartment, my brother found just a spiral bound notepad and it was
my dad's journal from-- from the war. He graduated from Troy High
School and shortly afterwards enlisted. He was an electrician's mate
on the Amesbury. And so he was 19, I think he turned 20 right before
-- in April, right before D-Day, and so I have his -- his words and his
memories of -- of what that was like and that feeling of anticipation
and -- and hearing those words, they all gathered around the speaker
and they were -- they -- they heard those words of encouragement
before -- before the battle began. So it's really remarkable, I mean
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now, you know, there really aren't very many World War II Veterans
left. And I know my dad came home after the war and started our
family and really didn't talk about his service much at all. He
considered it to be a great opportunity for somebody that came from a
really poor area of Troy. You know, he was lucky to get the training
and ended up working his whole career for the phone company using
that elect -- that electrician's mate background and training that he had
gotten. So I just -- I just wanted to remember him and remember
everybody that served and was there on that -- on that day. I can't
imagine. As I think about my own children at the age of 19, 20 years
old doing what they did on that day so -- and he ended up serving
through the whole war and he was in the Pacific at the end of the war.
So, you know, thanks to all of them we do have the freedoms that we
have and even though there aren't very many left, if you do have a
chance to sit down with a World War II Veteran talk to them because,
you know, maybe they'll talk to you. So thanks, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you.
Ms. Shimsky.
MS. SHIMSKY: Thank you, Mr. Speaker. Our
culture used to do a much better job of commemorating great
important days like June 6th. These days a number of years ago my
husband and I bought a blu-ray of The Longest Day so we could have
our annual viewing since we could not count of any one of our 800
TV channels to show it. These -- this history is very important. They
called -- everybody referred to it as a great war fought by the greatest
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generation and indeed it was. And every D-Day my prayer is that we
do not ever again have to send large numbers of our young people to
take on a job like that to rid the world of fascism.
ACTING SPEAKER AUBRY: Thank you.
Ms. Woerner.
MS. WOERNER: Thank you, Mr. Speaker. A
number of years ago I went to Bastogne to -- to the D-Day Museum
and -- and it was the 75th Anniversary of the -- of the end of the siege
of Bastogne. And there happened to be a Band of Brothers trip
visiting there. And in the pub one night, sitting over some beers, I had
an opportunity to talk to a man who at that point was quite elderly.
And he had been part of the landing force at Utah Beach. He enlisted
at 15 years old and he was just shy of 16 on the day they landed on the
beach. And I said tell me, what was it like. And he said, well, he said
I was a mechanic and I've grown up on a farm and I knew something
about how to put equipment together. And he said I took a look at the
gun that they gave me and I said this just wasn't going to be enough.
So I took a second one and I welded them back to back so that I could
load them both and when I got off that boat I fired, I spun and I fired
again. And he said that's what got me on to the beach. And he was --
he was able to tell that story, and I think about a 15-year-old - and I
know a number of you have teenagers - a 15-year-old, the courage and
the bravery and the conviction that he had as a young man to face
down that situation. And the -- and the inventiveness that he had to be
able in the moment to think about what he was going to need to
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survive. And -- and when we talk about the "greatest generation,"
they truly were. They were the best of us. And I hope that -- that in
our lives we live lives that -- that live up to the sacrifices that they
made and to the example that they set. So I really want to thank the
sponsor for bringing this resolution forward today as we honor the
courage of the men and women who fought in the D-Day Battle.
Thank you.
ACTING SPEAKER AUBRY: Thank you, Ms.
Woerner.
Would we all please rise as we remember the greatest
generation and honor this resolution and the members of D-Day.
(Whereupon, the Assembly Body rose in favor of the
resolution.)
On the resolution, all those in favor signify by saying
aye; opposed, no. The resolution is adopted.
We have numerous other resolutions, Mrs. Peoples-
Stokes, we'll take them up with one vote.
On these resolutions, all those in favor signify by
saying aye; opposed, no. The resolutions are adopted.
(Whereupon, Assembly Resolution Nos. 650-653 and
655-657 were unanimously approved.)
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, I now
move that the Assembly stand adjourned until 10 a.m., 10 a.m.,
Wednesday, June the 7th, tomorrow being a Session day. Thank you,
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sir.
ACTING SPEAKER AUBRY: The Assembly stands
adjourned until 10 a.m.
(Whereupon, at 7:36 p.m., the Assembly stood
adjourned until Wednesday, June 7th at 10:00 a.m., Wednesday being
a Session day.)
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