WEDNESDAY, JUNE 7, 2023 11:22 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 THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, JUNE THE 6TH.

MRS. PEOPLES-STOKES.

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

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, JUNE THE

NYS ASSEMBLY JUNE 7, 2023

6TH AND THAT THE SAME STAND APPROVED, SIR.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU. GOOD

MORNING, COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBERS. I WANT TO

START TODAY'S QUOTE, THIS ONE IS FROM PRINCE, WE'VE HEARD FROM HIM

BEFORE. HE'S A PROLIFIC AMERICAN SONGWRITER. HIS WORDS FOR US TODAY,

THE MOST BEAUTIFUL THINGS IN THE WORLD CANNOT BE SEEN OR TOUCHED, THEY

ARE FELT IN THE HEART. AGAIN, THESE WORDS FROM THE LATE, GREAT PRINCE.

MR. SPEAKER, MEMBERS HAVE ON THEIR DESKS A MAIN

CALENDAR AND THEY ALSO HAVE A DEBATE LIST. AND AFTER HOUSEKEEPING AND

INTRODUCTIONS, WE'RE GOING TO BE CALLING FOR THE FOLLOWING COMMITTEES -

WE ALREADY KNOW WHAT THEY ARE PRETTY MUCH - WAYS AND MEANS AND

RULES. THESE COMMITTEES ARE GOING TO PRODUCE AN A-CALENDAR, WHICH

WE WILL TAKE UP TODAY ON CONSENT. WE'RE ALSO GOING TO WORK OFF THE

DEBATE LIST, BEGINNING WITH RULES REPORT NO. 317 BY MR. OTIS;

FOLLOWED BY CALENDAR NO. 131 BY MS. BARRETT; AND CALENDAR NO. 127

BY MS. WOERNER. MEMBERS SHOULD ALSO NOTE THAT WE ARE GOING TO TAKE

UP OUR CALENDAR RESOLUTIONS AT THE END OF TODAY. WE'LL UPDATE

MEMBERS AS WE PROCEED AS TO WHEN AND IF THERE'S A CONFERENCE LATER

TODAY OR DURING THE DAY. AS ALWAYS, I WILL CONSULT WITH THE MINORITY TO

DETERMINE WHAT THEIR NEEDS WILL BE, MR. SPEAKER.

THAT IS A GENERAL OUTLINE OF WHERE WE ARE ON THE THIRD

DAY OF THE LAST WEEK OF OUR SESSION. IF YOU HAVE ANY ADDITIONAL

NYS ASSEMBLY JUNE 7, 2023

HOUSEKEEPING OR INTRODUCTIONS, NOW WOULD BE THE PERFECT TIME. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES. WE DO NOT HAVE ANY HOUSEKEEPING, BUT WE DO HAVE

AN INTRODUCTION BY MR. SANTABARBARA.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER.

TODAY, I RISE TO INTRODUCE MEMBERS OF THE 1954 SCHENECTADY LITTLE

LEAGUE WORLD SERIES CHAMPIONSHIP TEAM. I'M PLEASED TO WELCOME

MR. JACK SCIROCCO AND MR. CHARLES "CHUCK" CAPUTO, TWO REMARKABLE

INDIVIDUALS WHO PLAYED A PIVOTAL ROLE IN THE HISTORY OF THE SCHENECTADY

LITTLE LEAGUE IN MY ASSEMBLY DISTRICT. IN 1954, THEY AND THEIR TEAM --

TEAMMATES ACHIEVED AN EXTRAORDINARY FEAT BY BECOMING THE LITTLE

LEAGUE WORLD SERIES CHAMPIONS. THEIR HARD WORK, DETERMINATION AND

UNWAVERING SPIRIT PROPELLED THEM TO VICTORY BRINGING PRIDE AND GLORY

TO THE CITY OF SCHENECTADY. THEIR TRIUMPH NOT ONLY LEFT AN INDELIBLE

MARK ON THE HISTORY OF LITTLE LEAGUE BASEBALL, BUT ALSO SERVED AS AN

INSPIRATION FOR GENERATIONS TO COME.

SO THIS MORNING WE PAY TRIBUTE TO MR. CAPUTO AND

MR. SCIROCCO AND THEIR EXCEPTIONAL ACHIEVEMENT, AND THEIR TEAM'S

ENDURING LEGACY. THEIR DEDICATION, SPORTSMANSHIP AND LEADERSHIP ON

AND OFF THE FIELD SERVES AS AN EXAMPLE FOR YOUNG ATHLETES AND INSTILLS A

SENSE OF PRIDE WITHIN OUR SCHENECTADY COMMUNITY. THEIR ROLES IN THE

CHAMPIONSHIP TEAM SERVE AS A TESTAMENT TO THE POWER OF TEAMWORK,

RESILIENCE AND THE PURSUIT OF EXCELLENCE. THE TEAM APPEARED ON

NATIONAL TV SHOWS 20 YEARS LATER, AND WHILE IN THEIR THIRTIES, CHUCK

NYS ASSEMBLY JUNE 7, 2023

AND JACK AND THEIR TEAMMATES WERE THE SUBJECT OF A BOOK, ENTITLED

DESTINY'S DARLINGS.

MAY THEIR STORY CONTINUE TO INSPIRE GENERATIONS OF

YOUNG ATHLETES, REMINDING THEM THE POWER OF DREAMS AND THE HEIGHTS

THEY CAN REACH THROUGH HARD WORK AND PERSEVERANCE. THEIR TEAM'S

ACCOMPLISHMENTS WAS A REMARKABLE MOMENT IN SPORTS HISTORY FOR THE

CITY OF SCHENECTADY AND IN MY ASSEMBLY DISTRICT. MR. SPEAKER, I'M

VERY PLEASED TO HAVE THEM JOINING US HERE TODAY. WE HAVE A DISTINCT

HONOR OF CELEBRATING TWO CHAMPIONS AMONG US. IF YOU WOULD WELCOME

THEM TO THE ASSEMBLY CHAMBER AND EXTEND TO THEM ALL THE CORDIALITIES

OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. SANTABARBARA, THE SPEAKER AND ALL THE MEMBERS, GENTLEMEN, WE

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

PRIVILEGES OF THE FLOOR. OUR THANKS FOR COMING AND SHARING WITH US THIS

DAY, AND ALSO FOR THE EXAMPLE THAT YOU SET ALL THE WAY BACK IN 1954 FOR

YOUNG PEOPLE THROUGH THE GENERATIONS ABOUT WHAT IT MEANS TO BE A

TEAM, WHAT IT MEANS TO BE SUCCESSFUL, AND WHAT IT MEANS TO PROVIDE THE

SERVICES THAT YOU HAVE ALL THESE DAYS. THANK YOU AGAIN SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY JUNE 7, 2023

MEANS, SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00366-A, RULES

REPORT NO. 317, OTIS, WALLACE, BURKE, MCMAHON, HUNTER, THIELE,

BURDICK, CRUZ, SHIMSKY, DINOWITZ, CUNNINGHAM, LEVENBERG, SAYEGH,

GONZÁLEZ-ROJAS. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION

TO REQUIRING CAMPS AND YOUTH SPORTS PROGRAMS TO ESTABLISH AN

AUTOMATED EXTERNAL DEFIBRILLATOR IMPLEMENTATION PLAN.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

OTIS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

AN EXPLANATION IS REQUESTED, MR. OTIS.

MR. OTIS: THANK YOU. IN JANUARY OF THIS YEAR, WE

ALL WITNESSED, AND IN FACT THE WORLD WITNESSED THE VERY SCARY INCIDENT,

THE SUDDEN CARDIAC ARREST OF BUFFALO BILL DAMAR HAMLIN. AND WE --

WE PRAYED AND HOPED AND SAW TRAINED TECHNICIANS SAVE HIS LIFE ON THE

FIELD IN CINCINNATI. AND IT REVEALED MORE BROADLY THE PROBLEM OF

SUDDEN CARDIAC ARREST, ESPECIALLY IN SPORTS SETTING -- SETTINGS, AND

ESPECIALLY IN YOUTH SPORTS. IN 2002, THE LEGISLATURE PASSED A LAW TO

PROVIDE THAT AED EQUIPMENT TO BE IN SCHOOL BUILDINGS. IN 2021, THE

LEGISLATURE PASSED A LAW TO GIVE MORE MEAT TO SCHOOL SETTINGS AND

RULES RELATED TO THAT. BUT THERE'S A HUGE GAP IN YOUTH SPORTS PROGRAMS

AROUND THE STATE AND AROUND THE COUNTRY, AND CAMPS WHERE AED

EQUIPMENT IS NOT NECESSARILY IN -- IN PLACE.

AND SO ACROSS THE COUNTRY, IT'S ESTIMATED MAYBE AS

MANY AS 14,000 SUDDEN CARDIAC ARRESTS OCCUR AMONG YOUTHS; 39

NYS ASSEMBLY JUNE 7, 2023

PERCENT OF THEM ARE IN SPORTS SETTINGS, AND UNFORTUNATELY ONLY ABOUT

TEN PERCENT OF THOSE INCIDENTS -- THOSE INDIVIDUALS SURVIVE. SO THERE'S

SOMETHING THAT WE CAN DO, AND WHAT THIS BILL DOES IS THIS BILL SETS UP A

PROCESS BY WHICH CAMPS AND YOUTH SPORTS PROGRAMS WOULD COME UP

WITH THEIR OWN PLAN, THEIR OWN TIMETABLE, ON HOW THEY WOULD MAKE

SURE THAT THEY HAVE AED EQUIPMENT AND A TRAINED PERSON AT EVERY

GAME AND PRACTICE. AND THIS WILL SAVE LIVES. THE ESTIMATE AROUND THE

COUNTRY IS MAYBE AS MANY AS 14,000 SUDDEN CARDIAC ARRESTS OCCUR FOR

KIDS UNDER 18 AND WE CAN SAVE SOME LIVES.

AND SO EVEN IN NEW YORK, WE HAVE LOST SOME KIDS.

A NUMBER OF YEARS AGO, 2004, A CORNELL LACROSSE PLAYER DIED ON THE

FIELD IN ITHACA, COULD NOT BE SAVED. WE HAD A 12-YEAR-OLD IN

ROCHESTER, A LACROSSE PLAYER THAT DIED. WE HAD A GOOD STORY AT THE

ARGYLE CENTRAL SCHOOL DISTRICT IN FEBRUARY OF THIS YEAR WHERE A

64-YEAR-OLD REFEREE HAD A SUDDEN CARDIAC ARREST AND BECAUSE THE AED

EQUIPMENT WAS THERE, HIS LIFE WAS SAVED.

SO THIS IS AN IMPORTANT STEP THAT WE CAN TAKE TO GET

EVERYONE GOING IN THE RIGHT DIRECTION, THE RIGHT SORT OF PROTOCOLS THAT

SHOULD BE STANDARD OPERATING PROCEDURES, PROCEDURE FOR ALL YOUTH

SPORTS ACTIVITIES AND IN ALL SCHOOLS. WE HAVE A STATUTE RELATED TO

SCHOOLS, THAT ACTUALLY NEEDS TO BE IMPROVED BUT THAT'S A SUBJECT FOR

ANOTHER DAY. SO I -- I PROVIDE THAT -- I'LL SHARE ONE OTHER THING WHILE I

HAVE THE FLOOR, WHICH IS THIS ISSUE WAS BROUGHT TO ME A COUPLE OF YEARS

AGO BY A COUPLE OF MOTHERS IN MY DISTRICT, ALICE SCHOEN AND DANA

COLASANTE. ALICE'S SON, 17-YEAR-OLD SON AT A BASKETBALL GAME HAD A

NYS ASSEMBLY JUNE 7, 2023

SUDDEN CARDIAC ARREST AND HIS LIFE WAS SAVED BECAUSE SOMEBODY

HAPPENED TO BE THERE AND HAD THE EQUIPMENT IN THEIR CAR TO SAVE THAT

LIFE. DANA'S HUSBAND WAS AT A DAUGHTER'S SOCCER GAME AND HE HAD A

SUDDEN CARDIAC ARREST, HIS LIFE WAS SAVED. BUT MOST OF THE STORIES DON'T

END WELL. WE ARE IN A POSITION WHERE WE CAN IMPROVE THAT SITUATION.

THANK YOU.

ACTING SPEAKER LUNSFORD: MS. WALSH.

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

SPONSOR YIELD FOR SOME QUESTIONS?

MR. OTIS: OF COURSE.

ACTING SPEAKER LUNSFORD: WILL THE SPONSOR

YIELD?

MS. WALSH: THANK YOU VERY MUCH.

ACTING SPEAKER LUNSFORD: THE SPONSOR

YIELDS.

MS. WALSH: SO A COUPLE OF QUESTIONS ABOUT THIS,

ALTHOUGH YOU DID GIVE A LOT IN YOUR EXPLANATION THERE. THE BREADTH OF

THE PROPOSED BILL AS FAR AS THE -- THE DIFFERENT ORGANIZATIONS THAT ARE

INCLUDED IN THAT. SO YOU MENTIONED THAT PUBLIC SCHOOLS ARE ALREADY

SUBJECT TO SEPARATE RULES THAT THEY HAVE AEDS WITHIN THE SCHOOL,

CORRECT?

MR. OTIS: SECTION 917 OF THE EDUCATION LAW.

MS. WALSH: RIGHT. SO -- BUT YOU MENTIONED THERE

WAS A SIZEABLE GAP AND THAT'S WHAT THIS BILL IS HOPING TO FILL. SO THIS

INCLUDES READING FROM THE BILL, CAMPS, MEANING CHILDREN'S OVERNIGHT

NYS ASSEMBLY JUNE 7, 2023

CAMP, SUMMER DAY CAMP, TRAVELING SUMMER DAY CAMP, AS WELL AS

YOUTH SPORTS PROGRAMS MEANING ANY LEAGUE OR RECREATION PROGRAM

ORGANIZED TO PROVIDE GROUP ATHLETIC ACTIVITY FOR HIGH SCHOOL STUDENTS

REGARDLESS OF THE AGE OF PARTICIPATION OF SUCH PROGRAMS, OR INDIVIDUALS

UNDER 17 YEARS. SO HAVE I GOT THAT RIGHT? IT INCLUDES A PRETTY BROAD

RANGE OF DIFFERENT SPORTS.

MR. OTIS: AND IT SHOULD, AND I WOULD SAY THE CAMPS

ARE ACTUALLY CURRENTLY SITUATED IN A BETTER PLACE THAN THE INDEPENDENT

YOUTH SPORTS PROGRAMS. WHAT WE'RE REALLY TALKING IN THIS BILL ABOUT

NON-SCHOOL YOUTH SPORTS PROGRAMS. THE SCHOOLS ARE DOING THINGS AS

THOUGH THEY COULD BE IMPROVED, BUT THIS BILL DOES NOT DEAL WITH

SCHOOLS, BUT CAMPS. I THINK MOST CAMPS ARE ON TOP OF THE AED

SITUATION. MAYBE THERE'S MORE AWARENESS TO MAKE SURE THE EQUIPMENT

IS IN PROXIMITY TO WHERE THESE INCIDENTS OCCUR. ONE OF THE THINGS THAT'S

IN THE BILL IS THE BILL ALSO ASKS THAT EVERYBODY SHOULD HAVE A SUDDEN

CARDIAC ARREST PROTOCOL SO WHEN ONE HAPPENS, PEOPLE AREN'T WONDERING,

WHERE'S THE EQUIPMENT, WHAT DO WE DO? IT'S FIGURED OUT IN ADVANCE.

THIS IS WHAT THE NFL DOES. THE NFL HAS A MEETING BEFORE EVERY

GAME TO GO OVER WHO'S DOING WHAT WHERE WHEN AN INCIDENT HAPPENS.

CAMPS AND SCHOOLS NEED TO DO THAT AND IMPROVE THAT SPACE.

BUT THE INDEPENDENT, LIKE, YOUTH SOCCER PROGRAM,

YOUTH LACROSSE PROGRAM, LITTLE LEAGUE, THEY'RE REALLY NOT ON TOP OF THIS

SITUATION THE WAY THEY WOULD WANT TO BE WITH A LITTLE MORE AWARENESS.

SO ONE OF THE THINGS THAT THE BILL WILL DO IS MAKE THEM LOOK AT THEIR

OWN PROGRAMS AND SEE HOW THEY COULD IMPROVE THEIR SITUATION. YOU

NYS ASSEMBLY JUNE 7, 2023

KNOW, PEOPLE THINK ABOUT CPR; CPR IS A PART OF THIS. YOU IDEALLY ARE

DOING CPR AND AN AED IN COMBINATION. BUT THE AED IS AN IMPORTANT

LIFE-SAVING COMPONENT NEEDS TO BE SORT OF STANDARD OPERATING

PROCEDURE IN ALL SITUATIONS. AND SO YES. FOR THE YOUTH SPORTS PROGRAM,

THEY MAY BE AT AN AWAY GAME, THEY MAY BE AT A HOME PRACTICE, THEY

MAY NOT BE AT A SCHOOL FACILITY WHERE THERE'S EQUIPMENT. WE WANT TO

MAKE SURE THAT IN ALL THESE CIRCUMSTANCES THEY'RE COVERED, AND THAT'S

HOW WE'RE GOING TO SAVE LIVES.

MS. WALSH: OKAY, GREAT. BUT GETTING BACK TO MY

QUESTION ABOUT THE -- WHO IS UNDER THIS BILL, WHO IS TO FOLLOW THIS BILL

UNDER CAMPS. SO FOR EXAMPLE, IN SUMMER CAMP, NOT ALL -- NOT ALL

SUMMER CAMPS ARE SPORTS-RELATED CAMPS, SO THEY COULD BE VACATION

BIBLE SCHOOL, COULD BE, YOU KNOW, JUST A REGULAR SUMMER DAYCARE SORT

OF JUST CAMP PROGRAM. ARE THEY ALL -- ARE THEY ALL REQUIRED TO COMPLY

WITH THIS, OR ONLY SPORTS CAMPS?

MR. OTIS: WELL, CAMPS, HONESTLY, CAMPS, THE WAY

THE BILL IS WRITTEN IT WOULD BE ALL CAMPS.

MS. WALSH: OKAY --

MR. OTIS: AND I WOULD SAY THIS, THAT ONLY 39

PERCENT OF SUDDEN CARDIAC ARRESTS AMONG CHILDREN ARE SPORTS-RELATED.

SO JUST AS WE HAVE IT IN SCHOOLS, WE DON'T HAVE IT IN SCHOOLS JUST FOR THE

SPORTS SITUATION. IN FACT, IF YOU GO TO THE LOB, YOU MAY NOT HAVE

NOTICED THIS, IN THE LOB ON SOME FLOORS THERE'S AN AED EQUIPMENT.

WE ALL WALK BY IT AND PEOPLE MAYBE DO NOT NOTICE THEM. SO THE BILL,

AS WRITTEN, MAKES SENSE THE SAME WAY WE DO IT IN SCHOOLS, THE SCHOOL

NYS ASSEMBLY JUNE 7, 2023

ORIGINAL THING WAS NOT RELATED TO SPORTS PARTICULARLY.

MS. WALSH: OKAY. SO ALL CAMPS, WHETHER THEY'RE

SPORTS CAMPS OR NOT, ALL CLUB SPORTS, LEAGUE SPORTS, TRAVEL SPORTS. SO FOR

EXAMPLE, MY DAUGHTER PLAYS CLUB SOCCER, TRAVEL SOCCER, SO IT WOULD

APPLY TO HER, SHE'S A HIGH SCHOOL STUDENT. VOLLEYBALL, HOCKEY, LACROSSE,

GYMNASTICS, I'M ASSUMING, FOOTBALL, SWIMMING, ANYTHING, ANY KIND OF

SPORT AS LONG AS IT'S LEAGUE, TRAVEL, OR CLUB PROGRAM.

MR. OTIS: GROUP SPORTS PROGRAMS, BUT ALSO I WOULD

SAY IT SAYS "PROGRAMS," SO NOT JUST LEAGUES, YOUR RECREATION DEPARTMENT

THAT IS DOING GAMES, THEY SHOULD BE ON TOP OF THIS, TOO. MAYBE IF

THEY'RE AT ONE FACILITY THEY'RE GOING TO HAVE THE EQUIPMENT RIGHT THERE.

YOU KNOW, TIME MAKES A DIFFERENCE SO IT'S NOT SOMETHING WHERE WE

CAN DEPEND UPON THE AMBULANCE OR THE POLICE TO ARRIVE BECAUSE IF YOU

DON'T REALLY DO THIS WITHIN THREE MINUTES, THE CHANCES OF SURVIVAL GO

DOWN RATHER RAPIDLY.

MS. WALSH: OKAY. SO DOES EACH CLUB, LEAGUE OR

GROUP NEED THEIR OWN PORTABLE AED? OR, FOR EXAMPLE, IF YOU HAVE A

BASEBALL LEAGUE, A SOCCER LEAGUE AND SOMEBODY ELSE ALL USING THE SAME

PARK AND THE PARK HAS AN AED AVAILABLE, WOULD THAT BE SUFFICIENT

UNDER THIS?

MR. OTIS: SO THE -- THE BILL HAS -- HAS GROUPS COME

UP WITH A PLAN. AND SO CONTEMPLATED IN THAT IS EXACTLY THAT SORT OF

CIRCUMSTANCE. IF YOU'RE KNOWING YOU'RE PLAYING PRIMARILY AT A LOCATION

WHERE THERE'S AN AED DEVICE THAT MAY SUFFICE. BUT THERE ARE TRAVEL

GAMES AND SO IT MAY BE THE CIRCUMSTANCE THAT YOU -- YOU PREPARE FOR

NYS ASSEMBLY JUNE 7, 2023

EVERY POSSIBILITY OF SITUATIONS WHERE THERE'S EQUIPMENT ON SITE,

SITUATIONS WHERE THERE'S NOT EQUIPMENT ON SITE. THE SCHOOL DISTRICT THAT

I LIVE IN, THE SUPERINTENDENT IS TAKING A VERY PROACTIVE STEP BEYOND

WHAT IS REQUIRED IN STATE LAW. HE IS MAKING SURE THAT EVERY PRACTICE

AND GAME HAS AN AED DEVICE THERE, AND THEY'RE MAKING SURE THAT ALL

THEIR TRAINERS AND ALSO ALL THEIR COACHES ARE TRAINED TO USE AED. HE

DOESN'T HAVE TO DO THAT, BUT HE KNOWS IT'S THE RIGHT THING TO DO.

IN TERMS OF THE YOUTH SPORTS WORLD, THIS IS SORT OF A -- A

LEARNING MOMENT TO UNDERSTAND WHAT WE SAW WITH -- WITH DAMAR

HAMLIN BEING SAVED THAT EVERY GROUP SHOULD WANT TO GET IN THE

POSITION WHERE THEY HAVE THE EQUIPMENT, THEY HAVE THEIR COACHES

TRAINED, THEY HAVE PEOPLE THAT ARE ABLE TO RESPOND AND SAVE THESE LIVES.

THESE ARE TRAGEDIES THAT DO NOT NEED TO HAPPEN IN MANY CIRCUMSTANCES

AND THESE ARE THE TOOLS. AND I WOULD SAY THERE ARE GROUPS, NOT JUST IN

NEW YORK STATE, BUT AROUND THE COUNTRY THAT ARE ADVOCATING FOR THIS IN

ALL 50 STATES. DANA AND ALICE WHO I MENTIONED, FORMED A GROUP IN MY

AREA CALLED SAVING ACTIVE HEARTS AND SO THEY, THROUGH THEIR

EXPERIENCE, ARE TRYING TO SAVE OTHER LIVES AND GIVE THESE -- GIVE THESE

PROTOCOLS TO OTHERS. THERE'S ANOTHER GROUP, A NATIONAL GROUP CALLED

PROJECT ADAM THAT IS SENDING THE SAME SORT OF MESSAGING AROUND THE

COUNTRY. VERY, VERY POSITIVE IN TRYING TO MAKE SURE THAT WE DON'T HAVE

UNNECESSARY TRAGEDIES.

MS. WALSH: AND I APPRECIATE THAT ADVOCACY OF

THOSE GROUPS. AND YOU MENTIONED ONE SCHOOL SUPERINTENDENT, I

BELIEVE THAT YOU SAID WAS DOING THE RIGHT THING, BUT THIS IS A MANDATE

NYS ASSEMBLY JUNE 7, 2023

FOR EVERYBODY SO THAT'S WHAT I'D REALLY LIKE TO GIVE BACK TO THE LANGUAGE

OF -- OF THIS, AS WELL. AS FAR AS -- YOU MENTION AT LINE 27 OF THE BILL THAT

THERE NEEDS TO BE A SUFFICIENT NUMBER OF AEDS AVAILABLE. WHAT --

WHAT -- ARE THERE ANY GUIDELINES FOR DETERMINING WHAT IS A SUFFICIENT

NUMBER OF --

MR. OTIS: YOU SHOULD HAVE ONE AT EVERY GAME AND

EVERY PRACTICE. SO YOU SHOULD -- AND HAVE A TRAINED PERSON THERE. I

MEAN, THAT'S SORT OF LIKE HOW THIS WORKS. AND SO YOU HAD MENTIONED

YOU MAY HAVE A YOUTH SOCCER, YOUTH FOOTBALL --

MS. WALSH: YOU MIGHT BE USING A PARK AT THE SAME

TIME.

MR. OTIS: RIGHT. SO IF THEY'RE USING IT -- WELL, EVERY

-- THERE ARE AWAY GAMES SO YOU CAN'T DEPEND UPON THAT, SO IDEALLY A

PROGRAM IS NOT GOING TO JUST BUY ONE DEVICE, BECAUSE THEY MAY HAVE

MULTIPLE GAMES GOING ON AT DIFFERENT LOCATIONS AT THE SAME TIME. BUT

THIS IS WHAT THE PLAN -- THAT THEY'RE GOING TO COME UP WITH THEIR OWN

PLAN, THEY'RE GOING TO READ THE LITERATURE THAT'S AVAILABLE ONLINE AND

FIGURE OUT HOW TO BEST PROTECT THE CHILDREN THAT ARE PLAYING IN THEIR

PROGRAMS.

MS. WALSH: AND WHO IS GOING TO BE REVIEWING

THESE PLANS AND DETERMINING IF THEY'RE ADEQUATE?

MR. OTIS: THE BILL HAS THE PLANS BEING SUBMITTED TO

THE STATE DEPARTMENT OF HEALTH.

MS. WALSH: OKAY.

MR. OTIS: AND THERE ARE EXISTING PROVISIONS

NYS ASSEMBLY JUNE 7, 2023

REGARDING AED ADVICE -- DEVICES IN THE PUBLIC HEALTH LAW AND, IN

FACT, SOME OF THE LANGUAGE IN THE BILL TRACKS THAT SAME LANGUAGE, WHICH

IS -- WHICH IS STANDARD IN TERMS OF -- OF THE TRAINING AND WHO YOU GO TO

FOR -- FOR THE TRAINING. BUT TRAINING IS READILY AVAILABLE THROUGH --

THROUGH RED CROSS, THROUGH SOME FIRE DEPARTMENTS. AND THIS IS NOT --

IT'S ACTUALLY NOT A COMPLICATED THING TO DO. YOU DON'T NEED TO BE A

MEDICAL PROFESSIONAL TO DO THIS. ANY OF US COULD LEARN THIS TRAINING.

AND THE DEVICE ITSELF GIVES INSTRUCTIONS, THE DEVICE ITSELF WILL BE ABLE

TO INDICATE WHETHER OR NOT AN AED SHOULD BE USED AT ALL. IF AN AED,

GIVEN WHAT'S GOING ON IN SOMEBODY'S EVENT, THE DEVICE WOULD ONLY BE

USED WHEN THE DEVICE SAYS, THIS IS WHEN WE USE IT.

MS. WALSH: ARE THESE CAMPS AND SPORTS ALREADY

REQUIRED TO HAVE ANYBODY CERTIFIED IN CPR OR ABLE TO PROVIDE CPR?

YOU MENTIONED BEFORE, SOMETIMES CPR AND AN AED ARE USED IN

TANDEM, BUT --

MR. OTIS: SO IN THE PUBLIC HEALTH LAW THERE ARE

MANY REGULATIONS RELATED TO CAMPS AND CPR. THE AED PIECE

PROBABLY NEEDS TO BE ENHANCED. BUT, AGAIN, THE CAMPS ARE AHEAD OF

THE YOUTH SPORTS PROGRAMS IN THIS. REALLY ON THEIR OWN THEY REALIZED

THIS IS PART OF A GENERAL FIRST AID RESPONSIBILITY AND COVERAGE FROM A

PUBLIC HEALTH SAFETY AND LIABILITY PERSPECTIVE.

MS. WALSH: WELL, WHY NOT JUST MAKE SURE THAT THE

YOUTH SPORTS HAVE THE CPR TRAINING RATHER THAN HAVE TO HAVE THEM

PURCHASE --

MR. OTIS: CPR IS NOT ENOUGH. CPR IS NOT ENOUGH.

NYS ASSEMBLY JUNE 7, 2023

MS. WALSH: CPR IS NOT ENOUGH.

MR. OTIS: YOU -- YOU -- YOU -- GENERALLY IN THESE

INCIDENTS THEY'RE DONE IN COMBINATION AND THE AED IS A VERY IMPORTANT

PART OF SAVING THESE LIVES.

MS. WALSH: OKAY. HOW MUCH -- HOW MUCH DOES

AN AVERAGE PORTABLE AED COST?

MR. OTIS: ABOUT $1,500.

MS. WALSH: OKAY.

MR. OTIS: SO THEY'RE NOT FOR FREE, BUT THAT'S TO SAVE

LIVES.

MS. WALSH: YEAH. AND HOW OFTEN DO THEY NEED TO

BE REPLACED?

MR. OTIS: IT'S A GOOD QUESTION, I DON'T KNOW. WE

WILL FIND OUT.

MS. WALSH: MY RESEARCH SHOWED ABOUT EVERY

EIGHT YEARS IT WOULD NEED TO BE REPLACED, AND THE AED REPLACEMENT

PADS NEED TO BE REPLACED TWO YEARS OR SO. SO THERE ARE CONTINUING

COSTS THAT WOULD BE -- WOULD BE IMPLICATED. SO LET'S SEE. IS THERE ANY

PENALTY OR FINE ASSOCIATED WITH -- WITH THIS BILL?

MR. OTIS: NO.

MS. WALSH: LIKE IF THEY DON'T DO A PLAN, THEN WHAT

-- IS THERE ANY --

MR. OTIS: THERE IS NOT. THERE IS NOT.

MS. WALSH: OKAY. ALL RIGHT. AND IF -- OKAY. AND

YOU MENTIONED EARLIER SOME REALLY TRAGIC INSTANCES WITH -- WITH YOUTH

NYS ASSEMBLY JUNE 7, 2023

HAVING SUDDEN CARDIAC INCIDENCES. BUT WAS THAT -- WAS THAT THE

IMPETUS FOR, YOU KNOW, CREATING THE BILL? WAS THAT WHAT'S BEHIND THE

BILL OR IS IT SPECTATORS, OR JUST EVERYBODY WHOSE HAD ANY PRACTICE

ANYWHERE --

MR. OTIS: WELL, CERTAINLY, THERE ARE INCIDENCES

WHERE SPECTATORS HAVE THESE EVENTS AND SO THEY CAN HAPPEN AT ANY AGE,

BUT THERE IS -- THIS IS ACTUALLY THE LEADING CAUSE OF DEATH IN YOUTH --

YOUTH SPORTS. A STUDY BY THE MAYO CLINIC INDICATED THAT THIS IS THE

NUMBER ONE RISK. SO THIS IS CERTAINLY A PLACE WHERE WE COULD DEVOTE

SOME ATTENTION TO SAVE THESE LIVES.

MS. WALSH: OKAY. AND ONCE A PLAN IS -- THEY HAVE

HOW LONG TO DEVELOP A PLAN? OR THE ACT SHALL TAKE EFFECT IMMEDIATELY,

HOW LONG DO THEY HAVE TO CREATE A PLAN?

MR. OTIS: I THINK WE HAD IN HERE 180 DAYS.

MS. WALSH: SO SIX MONTHS, OKAY.

MR. OTIS: YEAH.

MS. WALSH: OKAY, OKAY. AND WHAT ABOUT IF THEIR

PLAN THAT THEY COME UP WITH SAYS THAT, YOU KNOW, THEY'RE -- THEY'RE

PRETTY BROKE RIGHT NOW, THIS PARTICULAR SPORT, THEY CAN'T RAISE THE MONEY

RIGHT NOW, THEY'RE GOING TO NEED A COUPLE YEARS TO DO THAT. IS THAT

SOMETHING THAT --

MR. OTIS: THERE'S NO TIME LIMIT -- THERE'S NO TIME

LIMIT ON IMPLEMENTATION TO GIVE PEOPLE THE TIME TO MOVE INTO THIS

SPACE, BUT IF I'M RUNNING A YOUTHS SPORTS PROGRAM, IF I'M A PARENT, I

WOULD SAY WE SHOULD GET ON TOP OF THIS THING BEFORE WE HAVE AN

NYS ASSEMBLY JUNE 7, 2023

INCIDENT. SO I THINK THERE'S A BUILT IN INCENTIVE THERE. BUT THE DEADLINE

RELATES TO COMING UP WITH A PLAN, AND I THINK THAT THAT WILL OFFER

RATIONAL INTROSPECTION AND -- AND -- AND PLANNING AND AWARENESS, SO I

THINK THAT WE'RE GOOD THAT WAY, WE'RE DOING THIS WITH CARROTS RATHER

THAN STICKS.

MS. WALSH: OKAY. WELL, THANK YOU VERY MUCH,

MR. OTIS.

MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER LUNSFORD: ON THE BILL.

MS. WALSH: THANK YOU. SO THE LAST COMMENT

MADE BY THE SPONSOR IS THE ONE THING I WOULD KIND OF DISAGREE WITH,

WHICH IS THIS ISN'T BEING DONE AS A CARROT, THIS IS BEING DONE AS A

MANDATE, AS A COMPLETE UNFUNDED MANDATE IN THE INTEREST OF SAFETY,

WHICH I CAN COMPLETELY APPRECIATE. I UNDERSTAND THAT THERE WAS SOME

DATA, YOU KNOW, FEDERALLY OF 14,000. I MEAN, THAT'S TERRIBLE, THAT

DEGREE OF LOSS OVER I DON'T KNOW HOW LONG OF A PERIOD, BUT WE DON'T

REALLY KNOW EXACTLY EXCEPT ANECDOTALLY HOW MANY UNFORTUNATE LOSSES

OF LIFE WE'VE HAD IN NEW YORK STATE.

ALL I WOULD SAY IS THIS, THAT IS IT A GOOD IDEA FOR THERE

TO BE AEDS AVAILABLE AT PRACTICES AND CAMPS? YEAH, IT IS. AND IS THAT

SOMETHING THAT SHOULD BE ENCOURAGED? YES. I JUST, YOU KNOW, THE

MANDATE, A LOT OF THESE CAMPS, NOT SO MUCH THE CAMPS, BUT A LOT OF

THE --

(BUZZER GOING OFF)

I'M JUST GOING TO NEED TO GO AHEAD, THANKS.

NYS ASSEMBLY JUNE 7, 2023

A LOT OF THESE ORGANIZED SPORTS, THE TRAVEL SOCCER, THE

TRAVEL WHATEVER, THE CLUB SOCCER, YOU KNOW, THEY'RE -- THEY'RE ALREADY

DOING A LOT OF FUNDRAISING, THEY'RE ALREADY DOING -- A LOT OF THEM ARE

OPERATING REALLY ON SHOESTRING AND I DON'T KNOW, I THINK THAT AS LONG AS

THE -- THE SPORTS GROUPS HAVE ENOUGH TIME TO BE ABLE TO IMPLEMENT A

PLAN AND CAN PLAN FOR THE EXPENSE AND THE REOCCURRING EXPENSIVE OF

HAVING TO REPLACE THESE EVERY SO OFTEN, YOU KNOW, I DO THINK IT'S

PROBABLY A GOOD IDEA MOVING FORWARD TO HAVE AEDS AVAILABLE. I JUST,

YOU KNOW, I THINK THAT CPR IS AWFULLY GOOD TOO, AND I DON'T KNOW, I

COULDN'T REALLY TELL EXACTLY WHAT WAS BEING REQUIRED OF YOUTH SPORTS

RIGHT NOW, BUT IN THE INTERIM, I THINK THAT THAT WOULD BE ANOTHER GOOD

THING TO ENCOURAGE. MY -- MY ISSUE IS WITH THE MANDATE, BUT I DO

UNDERSTAND THAT IT'S IN THE INTEREST OF SAFETY AND I -- I DON'T QUESTION THAT

THE SPONSOR HAS VERY GOOD INTENTIONS WITH THIS BILL. SO THANK YOU.

ACTING SPEAKER LUNSFORD: THANK YOU, MS.

WALSH.

MR. TAGUE.

MR. TAGUE: THANK YOU, MADAM SPEAKER. WOULD

THE SPONSOR YIELD FOR A COUPLE QUICK QUESTIONS, PLEASE?

ACTING SPEAKER LUNSFORD: WILL THE SPONSOR

YIELD?

MR. OTIS: OF COURSE.

ACTING SPEAKER LUNSFORD: THE SPONSOR

YIELDS.

MR. TAGUE: JUST QUICKLY, DOES THIS BILL OFFER ANY

NYS ASSEMBLY JUNE 7, 2023

FUNDING FOR SOME OF THOSE ORGANIZATIONS THAT WERE DISCUSSED BETWEEN

MS. WALSH AND YOU?

MR. OTIS: THE BILL DOES NOT, BUT I ACTUALLY HAVE

TRIED IN THE PAST TO SET UP A PROGRAM WHERE WE OFFER GRANTS, AND MAYBE

WHEN THIS BECOMES LAW, I WOULD LIKE THIS IN NEXT YEAR'S BUDGET TO OFFER

GRANTS TO HELP DEFRAY SOME OF THE COSTS HERE. THERE IS AN EXISTING TAX

CREDIT THAT INDIVIDUALS CAN TAKE BENEFIT OF THAT WAS ENACTED IN 2001, SO

ONE COULD BUY ONE OF THESE UNITS, DONATE IT TO -- TO YOUR YOUTH SPORTS

GROUP AND GET AN EXISTING NEW YORK STATE TAX CREDIT BASED UPON IT.

BUT I -- I AGREE WITH THE PREMISE OF YOUR QUESTION, WHICH IS WE SHOULD

PROVIDE FUNDING TO ASSIST WITH THE COST OF THIS, AND WHEN THIS BECOMES

LAW THAT WOULD BE THE NEXT STOP AND I HOPE WE ALL CAN WORK TOGETHER

ON.

MR. TAGUE: WELL, I THINK -- I THINK THIS WHOLE

THING IS A GREAT IDEA, I'LL START OFF WITH THAT. MY ONLY CONCERN IS THE

SAME AS MY COLLEAGUE, UNFUNDED MANDATES. SO I WOULD SUGGEST MAYBE

THE DEPARTMENT OF HEALTH, DEPARTMENT OF EDUCATION, MAYBE SUNY

GET TOGETHER AND CREATE SOME SORT OF GRANTS THAT WILL ALLOW FOR FUNDING,

BECAUSE MY -- ONE OF MY OTHER CONCERNS IS IS THAT WHEN YOU -- WITH THE

DIFFERENT TYPES OF ACTIVITIES THAT YOU DISCUSSED, I THINK THAT BOY SCOUTS,

GIRL SCOUTS, ALL THOSE DIFFERENT TYPES OF ORGANIZATIONS WOULD FALL UNDER

THAT CRITERIA. NOW, THEY MAY NOT HOLD SPORTING EVENTS, BUT THESE ARE

KIDS THAT GO ON CAMPING TRIPS AND THEY DO HIKING AND SWIMMING AND

DIFFERENT TYPE OF ACTIVITIES THAT COULD CREATE A HEALTH SCARE OR A HEALTH

ISSUE. SO I AM GOING TO SUPPORT YOUR BILL TODAY. I -- I -- AGAIN, I DO

NYS ASSEMBLY JUNE 7, 2023

HAVE A CONCERN WITH AN UNFUNDED MANDATE, BUT I'M HOPING THAT WE WILL

ALL WORK TOGETHER AND MOVE FORWARD WITH SOME SORT OF GRANT FUNDING TO

HELP OUT THESE ORGANIZATIONS, BUT THANK YOU FOR THE CONCERN AND

BRINGING THIS BILL TO THE FLOOR. THANK YOU, MADAM SPEAKER.

MR. OTIS: THANK YOU FOR THOSE COMMENTS, AND

THANK YOU FOR MENTIONING SCOUTING, BECAUSE I THINK WE PROBABLY ALL GO

TO A LOT OF EAGLE SCOUT CEREMONIES. AND IN THE SCOUTING CIRCUMSTANCE,

THEY ARE OFTEN IN REMOTE LOCATIONS WHERE NO ONE, YOU KNOW, NO EMT IS

GOING TO GET THERE IN TIME. SO -- BUT I THINK PART OF THIS IS PUBLIC

EDUCATION THAT THERE IS AN AWARENESS THAT WOULD REGARDLESS OF A

REQUIREMENT OF THE STATE OR ANYTHING, IF YOU'RE RUNNING A GROUP OR

RUNNING A SCOUT PROGRAM, YOU'D SAY THIS SHOULD BE IN OUR FIRST AID KIT,

WE SHOULD MAKE SURE A SCOUTMASTER IS -- IS TRAINED. SO IT'S -- IT'S -- THE

LOGIC OF IT SPEAKS FOR ITSELF. THANK YOU FOR YOUR COMMENTS.

ACTING SPEAKER LUNSFORD: THANK YOU, MR.

TAGUE.

MR. MILLER.

MR. MILLER: THANK YOU, MADAM SPEAKER. WOULD

THE SPONSOR YIELD FOR A COUPLE QUESTIONS?

ACTING SPEAKER LUNSFORD: WILL THE SPONSOR

YIELD?

MR. OTIS: SURELY.

ACTING SPEAKER LUNSFORD: THE SPONSOR

YIELDS.

MR. MILLER: MR. OTIS, JUST FOR CLARIFICATION, SO MY

NYS ASSEMBLY JUNE 7, 2023

SON PLAYED TRAVEL BASEBALL AND WE TRAVELED ALL OVER THE EAST COAST.

AND THERE WAS TOURNAMENTS HERE, THERE WAS, YOU KNOW, IN NEW YORK

STATE, THERE WAS TOURNAMENTS IN PENNSYLVANIA, GEORGIA, YOU NAME IT.

SO DURING THE TOURNAMENTS, WOULD THE ORGANIZATION WHO'S RUNNING A

TOURNAMENT HAVE TO COME UP WITH AN AED PLAN FOR -- FOR THAT ENTIRE

TOURNAMENT THAT TEAMS FROM NON-NEW YORK STATE TEAMS WOULD BE HERE

IN DIFFERENT LOCATIONS AND NEED DIFFERENT AEDS AND ALL THAT?

MR. OTIS: I -- I THINK THE LOGIC OF THIS IS WHAT WE

REALLY WANT IS VERY SIMPLY TO MAKE SURE THAT THERE'S AN AED DEVICE AND

A TRAINED PERSON AT EVERY GAME AND PRACTICE. SO IF YOU'RE GOING TO A

BASEBALL TOURNAMENT WHERE YOU CAN CALL AHEAD AND SAY, DOES YOUR

STADIUM HAVE -- YOUR FIELD HAVE AN AED DEVICE THERE, AND MAYBE YOU

HAVE YOUR OWN COACHES THAT HAVE THE TRAINING ANYWAY, THEN YOU SORT OF

KNOW YOU'RE COVERED. IF YOU'RE UNCERTAIN, YOU BRING THE EQUIPMENT

WITH YOURSELF. BUT THAT'S THE BEAUTY OF THE BILL, IS PEOPLE ARE GOING TO

COME UP WITH A PLAN THAT IS GOING TO ANTICIPATE ALL THOSE VARIOUS

SITUATIONS. IT'S A GOOD QUESTION, AND THERE -- AS LONG AS YOU KNOW THE

EQUIPMENT IS THERE AND THE PERSONNEL IS THERE, IT CAN BE DONE IN A

VARIETY OF WAYS.

MR. MILLER: OKAY. AND I UNDERSTAND THE NEED FOR

IT AND I UNDERSTAND WHAT WE'RE TRYING TO DO HERE BUT I THINK THIS -- THIS

PLAN AND THIS REQUIREMENT FOR AEDS IS IT'S GOING TO BE SITE-SPECIFIC,

THAT'S THE WAY I SEE IT, IN THE SPORTS WORLD. AND WITH LIKE, MY

COLLEAGUE WAS TALKING ABOUT BOY SCOUTS, ON HIKES AND WHATEVER, A

WHOLE DIFFERENT THING. SO I THINK THIS -- THIS -- THIS BILL IS -- COME UP

NYS ASSEMBLY JUNE 7, 2023

WITH A PLAN IS VERY WELL-INTENDED, BUT I THINK WE'RE REALLY -- THIS THING

IS GOING TO GET EXTREMELY LARGE AT THE END OF THE DAY.

MR. OTIS: WELL, AGAIN, I AGREE WITH YOUR COMMENT

ABOUT THE SITE-SPECIFIC NATURE OF THIS, AND SO SOMETIMES YOUTH SPORTS

TEAMS GO TO PLACES THAT ARE -- AND THEY HAVE A SCHOOL BUILDING THERE,

MORE LIKELY TO HAVE EQUIPMENT AND STUFF. BUT A LOT OF SPORTS TEAMS GO

TO REMOTE LOCATIONS. THERE MAY BE NO BUILDINGS, IT'S JUST A FIELD AND

THAT'S WHERE THEY PRACTICE. SO THE PLAN SHOULD ANTICIPATE -- SOMEONE

RUNNING A PROGRAM IS GOING TO ANTICIPATE WHAT ARE THE KINDS OF PLACES

WE PLAY, WHERE ARE OUR TRAVEL GAMES, WHERE ARE PRACTICES, AND -- AND

THEN THEY WILL PLAN FOR THAT ACCORDINGLY. SO I THINK THE LOGIC OF IT

ACTUALLY CAN WORK OUT WITH NOT US DECIDING WHAT THEIR PLAN LOOKS LIKE,

BUT THEY'RE DOING A PLAN TO MAKE SURE THAT THEY'RE COVERED IN THE RIGHT

WAY.

MR. MILLER: OKAY. THANK YOU FOR YOUR ANSWERS.

MR. OTIS: THANK YOU FOR YOU QUESTIONS.

MR. MILLER: THANK YOU, MR. [SIC] SPEAKER.

ACTING SPEAKER LUNSFORD: MR. DURSO.

MR. DURSO: THANK YOU, MADAM SPEAKER. WOULD

THE SPONSOR YIELD FOR A COUPLE QUESTIONS?

ACTING SPEAKER LUNSFORD: WILL THE SPONSOR

YIELD?

MR. OTIS: SURELY.

ACTING SPEAKER LUNSFORD: THE SPONSOR

YIELDS.

NYS ASSEMBLY JUNE 7, 2023

MR. DURSO: I'M SORRY. I'M TALKING BEHIND YOUR

BACK.

MR. OTIS: RARELY HAPPENS, BUT...

MR. DURSO: SO I JUST WANTED TO ASK A COUPLE

QUESTIONS, AND OBVIOUSLY SOME HAVE BEEN ASKED ALREADY, SO I DO

APOLOGIZE IF I ASK A QUESTION THAT YOU'VE ALREADY ANSWERED. BUT JUST IN

REGARDS TO, AS MR. MILLER WAS SAYING, SITE-SPECIFIC. SO NOT SO MUCH A

CAMP, BUT WHEN YOU HAVE SPORTS LEAGUES, LET'S SAY IT'S A YOUTH FOOTBALL

TEAM, OR YOUTH BASEBALL TEAM AND THEY CAN HAVE UPWARDS OF 20, 30

TEAMS POSSIBLY FOR A SPECIFIC LEAGUE TO TRAVEL TOWN TO TOWN. IS THERE

SPECIFIC LANGUAGE IN THE BILL TO SAY WHO IS RESPONSIBLE. LET'S SAY MY

TEAM FROM MASSAPEQUA TRAVELS TO WEST ISLIP. IS THERE ANY TYPE OF

SPECIFICS TO WHO IS RESPONSIBLE FOR HAVING THE AED ON SITE IF AND WHEN

YOU'RE TRAVELING WITH THE TEAM?

MR. OTIS: EACH PROGRAM HAS TO MAKE SURE THAT

THEY'RE GOING TO BE COVERED WHEREVER THEY GO. SO IDEALLY, THERE MAY

BE SOME COMMUNICATION BETWEEN PROGRAMS, BUT THE BILL DOESN'T DICTATE

WHO, BUT IF I'M RUNNING A PROGRAM, IF I'M RUNNING A PROGRAM, I'M GOING

TO MAKE SURE THAT MY TEAM HAS EQUIPMENT AND A TRAINED PERSON

WHEREVER THEY GO, I'M NOT GOING TO DEPEND ON ANYONE ELSE. I THINK

THAT'S THE SAFEST WAY TO PROCEED. BUT INDIVIDUAL GROUPS WILL COME UP

WITH THEIR OWN PLANS.

MR. DURSO: OKAY. AND AGAIN, LET ME REITERATE BY

SAYING I ACTUALLY -- I THINK THE BILL'S A GREAT IDEA AND I DO THINK SAFETY,

ESPECIALLY FOR OUR YOUNG KIDS IS PARAMOUNT AS SOMEONE WHO IS AED

NYS ASSEMBLY JUNE 7, 2023

AND CPR CERTIFIED FIRST RESPONDER, AND I'VE USED THEM BEFORE, I DO

THINK IT'S IMPORTANT. BUT MY CONCERN IS IF AND WHEN YOU HAVE MULTIPLE

TEAMS IN A GROUP, IN A SPORTS LEAGUE, IS IT SAFE TO SAY THEM BEING

ROUGHLY ABOUT $1,500 EACH, THAT EACH INDIVIDUAL LEAGUE MAY HAVE TO

HAVE MULTIPLE OF THESE DEVICES. IT COULD BE UPWARDS OF 10, 15, 20 OF

THEM.

MR. OTIS: WELL, IT WOULD DEPEND ON HOW MANY

GAMES OR PRACTICES MIGHT OCCUR SIMULTANEOUSLY. SO YES, EACH

INDIVIDUAL PROGRAM IS GOING TO LIKELY HAVE TO PURCHASE MORE THAN ONE,

BUT THEY WILL FIGURE IT OUT AND IT CERTAINLY -- HOPEFULLY WE'LL HAVE SOME

STATE MONEY TO HELP AT SOME POINT, BUT IT'S CERTAINLY SOMETHING THAT I

ALSO THINK WOULD BE A --A THING THAT WOULD BE A POPULAR THING TO

FUNDRAISE AROUND BECAUSE PEOPLE -- PARENTS AND THE PUBLIC WOULD --

WOULD UNDERSTAND THAT THIS IS AN IMPORTANT SAFETY DEVICE TO HAVE

AVAILABLE.

MR. DURSO: I AGREE. SO I BELIEVE I SAW IN HERE THAT

IT JUST HAS TO HAVE A QUALIFIED INDIVIDUAL ON SITE, CORRECT? IT DOESN'T -- IT

DOESN'T HAVE TO SPECIFICALLY BE A COACH, SOMEONE THAT'S RUNNING THE

LEAGUE. SO ME, AS A PARENT, RIGHT, WHO IS A QUALIFIED INDIVIDUAL TO -- TO

OPERATE AN AED, OR AUTOMATIC DEFIBRILLATOR, OR GIVE CPR, TECHNICALLY I

COULD BE ON SITE, CORRECT?

MR. OTIS: CORRECT, EXCEPT IN THE PUBLIC HEALTH

LAW, THERE IS -- THERE IS SOME DETAIL ABOUT WHAT PROPER TRAINING IS. SO

AS LONG AS YOU HAVE PEOPLE THAT HAVE THE PROPER TRAINING, IT DOES NOT

HAVE TO BE THE COACH, IT COULD BE A PARENT, YOU COULD ALWAYS JUST MAKE

NYS ASSEMBLY JUNE 7, 2023

SURE YOU HAVE SOMEONE THERE. IDEALLY, YOU WOULD HAVE MULTIPLE

PEOPLE THAT KNOW HOW TO DO THIS.

MR. DURSO: OKAY. AND IS THERE ANY TYPE OF -- WHO

-- WHO'S REALLY GOING TO ENFORCE THIS? IN OTHER WORDS, I'M A PARENT, I

HAVE MY OWN AED LET'S JUST SAY, AND I GO TO EACH INDIVIDUAL ONE OF MY

DAUGHTER'S SOFTBALL GAMES. THEY ARE NOW COVERED WITH THAT, OR DOES IT

HAVE TO BE SPECIFICALLY OWNED AND REGULATED BY THE LEAGUE ITSELF?

MEANING THE AED DEVICES.

MR. OTIS: THE PROGRAM -- THE PLANS ARE GOING TO

DICTATE WHO'S GOING TO OWN AND -- AND DO THIS, SO THAT -- THAT WOULD BE

LEFT TO THE INDIVIDUAL PLANS.

MR. DURSO: OKAY. AND WHO -- NOW THE PLAN GETS

PUT FORTH BY THE LEAGUE, INDIVIDUAL CAMP LEAGUE, YOUTH SPORTS PROGRAM,

WHO WILL BE CHECKING INTO THAT TO MAKE SURE THAT THEY HAVE A PLAN IN

PLACE?

MR. OTIS: WELL, WE'RE -- WE'RE HAVING THE PLANS

SUBMITTED TO THE DEPARTMENT OF HEALTH. I DON'T KNOW THAT WE'RE ASKING

THE DEPARTMENT OF HEALTH AT THIS POINT TO -- TO SCRUTINIZE COMPLIANCE

BUT THERE IS A -- IN THE BILL, THERE IS A REQUIREMENT FOR MAINTAINING

RECORDS ABOUT YOUR DEVICES AND THAT YOU HAVE TO TRAIN INDIVIDUALS. SO

THERE'S GOING TO BE SELF-ENFORCEMENT BUT THERE'S ALSO GOING TO BE A

RESPONSIBILITY FOR RECORDKEEPING TO MAKE SURE THAT GROUPS ARE TRUE TO

THEMSELVES IN PROTECTING THE KIDS.

MR. DURSO: OKAY. SO AGAIN, SO IT'S GOING TO BE

ESSENTIALLY REGULATED BY THE DOH, CORRECT, THAT THE PLANS HAVE TO BE

NYS ASSEMBLY JUNE 7, 2023

SUBMITTED TO THEM AND THEN THE DOH WILL DECIDE WHETHER OR NOT THE

PLAN IS SUFFICIENT?

MR. OTIS: WELL, I DON'T KNOW THAT WE'VE GONE --

WE'RE HAVING IT SUBMITTED TO DOH, MAYBE WE'LL WORK OUT WHAT DOH --

HOW DOH IS GOING TO PROCESS THAT. BUT HONESTLY, THE BIGGEST OVERSIGHT

IS GOING TO BE THE PARENTS AT HOME, THE PARENTS IN EACH COMMUNITY ARE

GOING TO START TO ASK THE QUESTION, ARE THESE PROGRAMS PROPERLY

PROTECTING OUR KIDS IN THE CASE OF A SUDDEN CARDIAC ARREST.

MR. DURSO: OKAY, GREAT. AND THEN OBVIOUSLY, AS

MY COLLEAGUES HAVE SAID, I REALLY DO -- AGAIN, COMPLETELY AGREE WITH IT,

BUT IS THERE ANY WAY GOING FORWARD, MAYBE THROUGH AMENDMENTS,

MAYBE NOW, OR NEXT YEAR'S BUDGET, HAVING SPECIFIC FUNDING FOR THESE

YOUTH PROGRAMS AND CAMPS BECAUSE, AGAIN, THIS IS ABSOLUTELY SO

IMPORTANT AND IT IS NEEDED, BUT IT IS GOING TO GET QUITE COSTLY. SO AGAIN,

I DON'T WANT TO SAY THAT IT'S NOT IMPORTANT TO HAVE THEM, OBVIOUSLY THEY

ARE AND I HAPPEN TO AGREE WITH IT, BUT WE DON'T WANT TO DO IT ALSO AT THE

DETRIMENT OF THESE LEAGUES AND CAMPS. AGAIN, I THINK CAMP IS REALLY A

LITTLE DIFFERENT SITE SPECIFIC, YOU CAN HAVE IT ON THE CAMP GROUNDS AND

BE ABLE TO GET TO IT IN TIME. MY MORE CONCERN IS THE ENFORCEMENT OF IT

AND HOW IT'S GOING TO BE WITH SOME OF THESE TRAVEL LEAGUES.

MR. OTIS: I AGREE.

MR. DURSO: OKAY, BUT THANK YOU, MR. OTIS, FOR

YOUR TIME. I APPRECIATE IT. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER LUNSFORD: THANK YOU, MR.

DURSO.

NYS ASSEMBLY JUNE 7, 2023

MRS. PEOPLES-STOKES FOR THE PURPOSES OF AN

ANNOUNCEMENT.

MRS. PEOPLES-STOKES: MADAM SPEAKER, WOULD

YOU PLEASE CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE

ROOM?

ACTING SPEAKER LUNSFORD: RULES

COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM.

MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER LUNSFORD: WILL THE SPONSOR

YIELD?

MR. OTIS: YES.

ACTING SPEAKER LUNSFORD: SPONSOR YIELDS.

MR. OTIS: NICE TO SEE YOU.

MR. GOODELL: THANK YOU, MR. OTIS. JUST WANT TO

MAKE SURE I UNDERSTOOD WHAT YOU SAID. THE COST OF THESE

DEFIBRILLATORS, WHAT'S THE COST?

MR. OTIS: GENERALLY ABOUT $1,500.

MR. GOODELL: ABOUT $1,500. AND THE PENALTY IF

YOU DON'T HAVE ONE FOR EVERY SINGLE PRACTICE?

MR. OTIS: THERE'S NO PENALTY IN THE BILL.

MR. GOODELL: OH, THIS IS UNDER THE PUBLIC HEALTH

LAW, RIGHT?

MR. OTIS: RIGHT.

NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: AND A VIOLATION OF THE PUBLIC

HEALTH LAW IS $2,000 PER INCIDENT?

MR. OTIS: WHATEVER THE GENERAL -- WHATEVER THE

GENERAL PENALTIES IN THE PUBLIC HEALTH LAW APPLY, WE ADD NO NEW

PENALTIES IN THIS BILL.

MR. GOODELL: OKAY. AND IF YOU HAD MULTIPLE

TEAMS PLAYING IN MULTIPLE LOCATIONS, I MEAN, YOU HAVE A BASEBALL TEAM,

YOU HAVE A GOLF TEAM, OBVIOUSLY THEY'RE GOLFING AT A GOLF COURSE, YOU

HAVE A CROSS-COUNTRY TEAM THAT'S RUNNING SOMEWHERE ACROSS THE

COUNTRY. YOU HAVE TO HAVE A SEPARATE DEFIBRILLATOR FOR EACH TEAM THAT'S

IN A DIFFERENT LOCATION?

MR. OTIS: IDEALLY, THAT IS WHAT -- WHERE WE NEED TO

GO IF WE'RE LOOKING TO SAVE LIVES.

MR. GOODELL: BUT THAT'S WHAT THIS REQUIRES,

RIGHT --

MR. OTIS: ABSOLUTELY.

MR. GOODELL: -- FOR EVERY PRACTICE?

MR. OTIS: YES.

MR. GOODELL: AND WE HAVE A LOT OF -- CERTAINLY IN

MY COMMUNITY, I'M SURE IN YOUR COMMUNITY AS WELL, WE HAVE A LOT OF

VOLUNTEER-RUN SPORTS LEAGUES, LITTLE LEAGUE, SOCCER LEAGUES, ALL

VOLUNTEERS, COACHES, EVERYONE VOLUNTEERING. YOU'D HAVE TO A

DEFIBRILLATOR AND A TRAINED STAFF PERSON AT EVERY LITTLE LEAGUE GAME,

EVERY SOCCER PRACTICE?

MR. OTIS: WELL, SOME OF THOSE PROGRAMS TODAY

NYS ASSEMBLY JUNE 7, 2023

ACTUALLY, EVEN THOUGH THEY'RE VOLUNTEER, TAKE -- HAVE FIRST AID PEOPLE

THERE AND --

MR. GOODELL: NO, I UNDERSTAND THAT, BUT THIS BILL

WOULD REQUIRE A DEFIBRILLATOR AT EACH ONE OF THOSE IF IT'S A VOLUNTEER

LITTLE LEAGUE GAME, RIGHT?

MR. OTIS: WELL, THE BILL ACTUALLY REQUIRES THAT THEY

COME UP WITH A PLAN. SO --

MR. GOODELL: BUT THE PLAN IS FOR THE

IMPLEMENTATION?

MR. OTIS: YES, YES.

MR. GOODELL: SO ASSUMING THAT THEY ACTUALLY

FOLLOW THROUGH ON THE PLAN, THEY WOULD REQUIRE A SEPARATE DEFIBRILLATOR

FOR EVERY LITTLE LEAGUE GAME, LITTLE LEAGUE PRACTICE, SOFTBALL PRACTICE,

SOCCER TEAM PRACTICE; IS THAT CORRECT?

MR. OTIS: YES. AND THAT IS THE WAY WE SAVE LIVES.

MR. GOODELL: AND IF ONE OF THESE TEAMS SHOWED

UP FOR PRACTICE AND THEY DIDN'T HAVE A VOLUNTEER WHO HAD BEEN TRAINED

IN THE LAST TWO YEARS, WHAT WOULD THEY DO? JUST CANCEL THE PRACTICE

THEN?

MR. OTIS: WELL, THERE IS ACTUALLY -- WHILE THE BILL

REQUIRES THEY COME UP WITH A PLAN TO DO THIS, THERE IS NO TIMETABLE IN

THE BILL, IN TERMS OF THE IMPLEMENTATION PHASE-IN FOR THIS, SO --

MR. GOODELL: WELL, IT SAYS 18 MONTHS, RIGHT?

THEY HAVE TO COME UP --

MR. OTIS: EIGHTEEN MONTHS TO COME UP WITH A PLAN.

NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: WELL, IT SAYS 18 MONTHS TO COME UP

WITH A PLAN FOR THE IMPLEMENTATION.

MR. OTIS: CORRECT.

MR. GOODELL: SO THE COST MAY BE DELAYED, BUT

LET'S ASSUME THAT THIS IS IMPLEMENTED, I MEAN THAT'S YOUR WHOLE INTENT

OF COURSE, WHAT HAPPENS, GETTING BACK TO MY QUESTION, WHAT HAPPENS IF

YOU HAVE A SOFTBALL PRACTICE AND YOU HAVE 25 LITTLE KIDS UNDER THE AGE

OF 12, AND YOU DON'T HAVE A VOLUNTEER WHO HAS BEEN TRAINED WITHIN THE

LAST TWO YEARS. IS YOUR ONLY OPTION THEN TO CANCEL THE PRACTICE?

MR. OTIS: YOU KNOW, I THINK THE OPTION I WANT TO

SEE IS THAT THEY HAVE SOMEBODY THERE.

MR. GOODELL: I UNDERSTAND THAT, I MEAN, YOU

KNOW, THE BEST LAID PLANS AND ALL THAT GOOD STUFF, WHAT DO YOU DO, YOU

CANCEL THE PRACTICE OR YOU VIOLATE THE LAW?

MR. OTIS: YOU KNOW, I THINK WE COULD LOOK INTO

THOSE SCENARIOS, BUT I THINK THE BOTTOM LINE IS IF I'M A PARENT AND WITH

GREATER AWARENESS OF THE PREVALENCE OF SUDDEN CARDIAC ARREST, I'M

GOING TO WANT MY PROGRAM TO HAVE A TRAINED PERSON AND THE EQUIPMENT

THERE.

MR. GOODELL: WELL, ACTUALLY --

MR. OTIS: AND I THINK THE MANDATE IS ACTUALLY NOT

GOING TO BE COMING FROM US, THE MANDATE IS GOING TO BE COMING FROM

PARENTS CONCERNED ABOUT THE SAFETY OF THEIR CHILDREN AND THE GENERAL

SENSE THAT THIS IS SOMETHING THAT CAN BE PREVENTED, THESE TRAGEDIES CAN

BE PREVENTED WITH A SIMPLE PROTOCOL.

NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: BUT THIS IS NOT A VOLUNTARY

PROGRAM, RIGHT? THIS IS A MANDATED PROGRAM, THEY MUST DO THIS.

MR. OTIS: EVENTUALLY, IN A PHASED-IN WAY

EVENTUALLY. AND THAT'S A GOOD THING, BUT --

MR. GOODELL: -- OKAY, AND IT'S A MANDATORY

PROGRAM THAT'S BACKED BY $2,000 FINES --

MR. OTIS: BUT -- BUT -- BUT -- SHOW ME THE PROGRAMS

-- SHOW ME THE PARENTS THAT WANT TO SAY, DON'T BOTHER DOING WITH THIS

AND LEAVE THAT RISK OUT THERE.

MR. GOODELL: WELL, YOU KNOW, PARENTS ARE -- I'M

A PARENT, I'M WITH YOU, I'D LIKE TO HAVE ALL THE SAFETY FEATURES THERE, OF

COURSE. I'M JUST LOOKING AT THE PRACTICAL ASPECTS. YOU HAVE A VOLUNTEER

SMALL LITTLE LEAGUE PROGRAM, YOU HAVE 25 KIDS THAT SHOW UP. FOR

SOME REASON THE TRAINED VOLUNTEER THAT KNOWS HOW TO OPERATE THIS IS

SICK THAT DAY. DO YOU CALL THE PARENTS AND SAY COME PICK UP YOUR KIDS,

WE'RE CANCELING TODAY?

MR. OTIS: YOU KNOW, WE WILL LOOK INTO THOSE KINDS

OF SCENARIOS. THE BEST SOLUTION IS, HONESTLY, TO WHAT MY -- THE SCHOOL

DISTRICT WHERE I LIVE IS DOING, EVERY COACH THEY'RE REQUIRING TO GET THAT

SIMPLE TRAINING. AND SO IF YOU HAVE ALL THOSE PARENTS THAT ARE

VOLUNTEERS IN THE LITTLE LEAGUE PROGRAM, THIS ISN'T A HARD THING. THIS IS

NOT -- THIS IS NOT A COMPLICATED TRAINING PROTOCOL, IT'S PRETTY EASY. THE

MACHINES TELL YOU WHAT TO DO. SO I DON'T THINK THE BURDEN IS THAT HIGH

TO REMOVE AN ELEMENT OF RISK FOR -- FOR THE NUMBER OF KIDS THAT SUFFER

THESE EVENTS DURING THE COURSE OF A YEAR.

NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: THANK YOU VERY MUCH, MR. OTIS.

MR. OTIS: I'M GOING TO ADD ONE OTHER THING, THOUGH.

I'D SAY SINCE WE DID THE 2001 LAW IN THE SCHOOLS, IT'S BEEN ESTIMATED

THAT THERE BEEN 110 LIVES AT LEAST SAVED IN NEW YORK STATE SCHOOLS

BECAUSE WE REQUIRED AED DEVICES IN ALL THE SCHOOLS. AND I REMEMBER

WHEN THAT WAS PASSED, AND PEOPLE THEN COMPLAINED ABOUT, OH, WELL THIS

IS A MANDATE FOR THE SCHOOLS, THE COST OR WHATEVER, BUT THERE ARE 110

CHILDREN THAT ARE ALIVE TODAY BECAUSE WE DID THAT IN 2002.

MR. GOODELL: AND AS YOU MENTIONED, TO ONE OF

MY COLLEAGUES, THERE'S NO FUNDING ASSOCIATED WITH THIS, CORRECT?

MR. OTIS: NOT YET.

MR. GOODELL: OKAY. I MEAN, I HOPE WE CAN

ADDRESS THAT. THANK YOU, MR. OTIS.

MR. OTIS: THANK YOU.

MR. GOODELL: MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER LUNSFORD: ON THE BILL.

MR. GOODELL: LIKE MY COLLEAGUES, I COMMEND

THE SPONSOR FOR HIS CONCERN ON MAXIMIZING THE HEALTH OF ALL THE KIDS

THAT ARE PARTICIPATING IN SPORTS. AND I THINK EVERYONE HERE WANTS TO

HAVE OUR KIDS PARTICIPATING IN SPORTS AND HAVE THE HIGHEST LEVEL OF

SAFETY THAT WE CAN AFFORD. THE PROBLEM IS THOUGH THAT IN RURAL

COMMUNITIES, WE HAVE VERY ACTIVE AND VIBRANT VOLUNTEER SPORTS

PROGRAMS: LITTLE LEAGUE, SOFTBALL, SOCCER, SWIMMING, AND A LOT OF

THESE, GOLF, FOR EXAMPLE, A LOT OF THESE ARE ALL VOLUNTEER. AND I AM

THANKFUL THAT IN MY COMMUNITY WE HAVE LITERALLY DOZENS AND DOZENS OF

NYS ASSEMBLY JUNE 7, 2023

VOLUNTEERS AND VOLUNTEER TEAMS WITH AN ACTIVE LITTLE LEAGUE, SOFTBALL,

SOCCER TOURNAMENTS. AND THIS BILL IMPOSES A COST ESTIMATED BY THE

SPONSOR AT $1,500 FOR EVERY ONE OF THOSE VOLUNTEER TEAMS. SO YOU GO

BACK TO YOUR COMMUNITY AND SAY, I'M GLAD YOU ALL VOLUNTEER TO HELP

YOUR KIDS LEARN HOW TO PLAY SOFTBALL, YOU FACE A $2,000 A DAY FINE

UNLESS YOU COME UP WITH A $1,500 DEFIBRILLATOR, AND MAKE SURE THAT AT

LEAST ONE OF YOUR VOLUNTEERS IS TRAINED. AND WHAT HAPPENS IF YOU HAVE

A SOFTBALL PRACTICE, AND SOMEONE FORGETS TO BRING THE DEFIBRILLATOR, OR

THAT PERSON IS SICK. WHAT, ARE YOU GOING TO CANCEL IT? YOU HAVE 20

KIDS THAT ARE 12 YEARS OLD, YOU'RE GOING TO BE ON THE PHONE WAITING FOR

ALL THEIR PARENTS TO PICK IT UP? AND YOU HAVE SIX SPORTS TEAMS THAT ARE

PRACTICING ALL AT THE SAME, YOU'VE GOT A GOLF TEAM PLAYING GOLF, YOU'VE

GOT A SWIMMING TEAM IN THE SWIMMING AREA, YOU'VE GOT A CROSS-

COUNTRY TEAM THAT'S RUNNING CROSS -- WHAT, YOU'RE GOING TO HAVE

SOMEBODY FOLLOWING THE CROSS-COUNTRY TEAM IN A GOLF CART OR AN ATV

WITH A DEFIBRILLATOR?

I -- I APPRECIATE THE DESIRE TO BE AS SAFE AS POSSIBLE,

BUT THIS IS $15 [SIC] FOR EVERY SINGLE VOLUNTEER TEAM IN YOUR COUNTY, FOR

EVERY ONE OF THEM. AND ZERO FUNDING IN THIS BILL, AND A $2,000 PER DAY

FINE IF YOU DON'T HAVE IT. AND BY REQUIRING IT, BY THE WAY, IF ONE OF

YOUR KIDS UNFORTUNATELY HAS THIS INCIDENT, IT'S GOING TO BE ALMOST STRICT

LIABILITY AND YOUR VOLUNTEER TEAMS WITHOUT LIABILITY INSURANCE ARE GOING

TO BE FACING A LAWSUIT WITH ALMOST UNLIMITED DAMAGES. SO IF YOU WANT

TO DESTROY VOLUNTEER SPORTS TEAMS, AND SOCCER TEAMS, AND LITTLE LEAGUE

TEAMS, THIS IS A GREAT WAY TO DO IT. AND WE CAN DESTROY ALL THOSE

NYS ASSEMBLY JUNE 7, 2023

VOLUNTEER TEAMS IN THE NAME OF SAFETY BECAUSE WE ALL KNOW THAT IF ALL

OF OUR KIDS STAY HOME ALL DAY LONG IN FRONT OF A VIDEO TEAM -- VIDEO

SCREEN, THEY'LL GROW UP TO BE MUCH BETTER AND HAPPIER AND PRODUCTIVE

KIDS. LIFE IS DANGEROUS. MORE KIDS ARE KILLED IN CAR ACCIDENTS GOING TO

THE PRACTICE THAN WHILE THEY'RE AT PRACTICE, AND WE ALL KNOW THAT.

SO I ABSOLUTELY COMMEND THE SPONSOR FOR HIS PASSION

AND COMMITMENT TO YOUTH SAFETY, I'M WITH YOU. AND IF THIS PROGRAM

WERE VOLUNTARY AND ACCOMPANIED BY FUNDING SO THAT WE COULD MAKE IT

HAPPEN WITHOUT SHUTTING DOWN THE YOUTH SOCCER TEAMS AND BASEBALL

TEAMS ACROSS OUR STATE, I WOULD BE A COSPONSOR. I LOOK FORWARD THAT TO

LEGISLATION. IN THE MEANTIME, I'M NOT WILLING TO SHUT DOWN ALL OF OUR

VOLUNTEER SPORTS TEAMS THROUGHOUT MY DISTRICT WHEN THEY CAN'T COME UP

WITH $1,500 FOR EVERY SINGLE TEAM AND EVERY SINGLE PRACTICE. FOR THAT

REASON, WHILE I SUPPORT THE INITIATIVE, I CAN'T SUPPORT THIS BILL. THANK

YOU.

ACTING SPEAKER LUNSFORD: MR. OTIS.

MR. OTIS: MAYBE I COULD GET -- ANDY, MAYBE YOU'D

BE WILLING, I CAN BRING A YELLOW SLIP OVER, ON THE FINE ISSUE JUST UNDER

THE PUBLIC HEALTH LAW --

ACTING SPEAKER LUNSFORD: ON THE BILL, MR.

OTIS.

MR. OTIS: PARDON ME?

ACTING SPEAKER LUNSFORD: ON THE BILL.

MR. OTIS: ON THE FINE ISSUE, THE PUBLIC HEALTH

DEPARTMENT, THE PUBLIC HEALTH DEPARTMENT HAS THE ABILITY TO WAIVE

NYS ASSEMBLY JUNE 7, 2023

FINES OR TO LOWER THAT AMOUNT, SO THE $2,000 NUMBER IS -- IS NOT

NECESSARILY WHAT IS INVOLVED.

MR. GOODELL: WOULD THE SPONSOR YIELD FOR A

FOLLOW UP? I'M ASSUMING HE WAS SPEAKING ON THE BILL.

ACTING SPEAKER LUNSFORD: MR. OTIS, ARE YOU

FINISHED ON THE BILL?

MR. OTIS: YES, I AM.

MR. GOODELL: MR. OTIS, IT IS SUCH A PLEASURE

DISCUSSING --

ACTING SPEAKER LUNSFORD: MR. GOODELL --

MR. GOODELL: -- WITH YOU.

ACTING SPEAKER LUNSFORD: MR. OTIS IS

FINISHED. WHAT WOULD YOU LIKE?

MR. GOODELL: WOULD YOU YIELD SOME OF YOUR

TIME FOR A QUESTION, SIR?

ACTING SPEAKER LUNSFORD: MR. GOODELL,

YOUR TIME IS UP, YOU SAT DOWN. YOUR TURN IS OVER.

MR. OTIS: I THINK I'M -- I THINK WE'RE DONE. I THINK

IT'S ALL GOOD.

(LAUGHTER)

MR. GOODELL: THANK YOU, MR. OTIS.

ACTING SPEAKER LUNSFORD: MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MADAM SPEAKER.

WILL THE SPONSOR YIELD FOR A QUESTION?

I DIDN'T HEAR YOU, YES?

NYS ASSEMBLY JUNE 7, 2023

MR. OTIS: YEAH.

MR. MANKTELOW: THANK YOU.

ACTING SPEAKER LUNSFORD: THE SPONSOR

YIELDS.

MR. MANKTELOW: THANK YOU, MADAM SPEAKER.

IN OUR COMMUNITIES, WE HAVE A LOT OF AMISH KIDS, AMISH SCHOOLS THAT

DO SPORTS PROGRAMS FOR THE -- FOR THE AMISH. HOW DO THEY HANDLE THIS?

MR. OTIS: I DON'T KNOW. WE'LL HAVE TO LOOK INTO

THAT MORE. IT'S -- THEY -- THE AMISH DO NOT USE DEFIBRILLATORS, IS THAT

WHAT YOU'RE INDICATING?

MR. MANKTELOW: I'M SORRY?

MR. OTIS: YOU'LL HAVE TO -- WE CAN SHARE OFFLINE, DO

THE AMISH NOT USE DEFIBRILLATORS, NOT USE AEDS?

MR. MANKTELOW: WELL, THE AMISH DON'T USE

ELECTRICITY.

MR. OTIS: WELL, SO --

MR. MANKTELOW: SO HOW ARE THEY GOING TO

CHARGE, KEEP THIS CHARGED? HOW ARE THEY GOING TO BE ABLE TO

IMPLEMENT THEM -- (INAUDIBLE) IN THEIR GAMES?

MR. OTIS: IT'S A BATTERY-OPERATED DEVICE.

MR. MANKTELOW: BUT YOU STILL HAVE TO CHARGE IT

AT SOME POINT, CORRECT?

MR. OTIS: WELL, YOU CHANGE THE BATTERIES.

MR. MANKTELOW: ALL OF THEM?

MR. OTIS: WELL --

NYS ASSEMBLY JUNE 7, 2023

MR. MANKTELOW: OKAY.

MR. OTIS: WE, YOU KNOW, I ASSUME THAT WE CAN

DELVE INTO THE ISSUE OF RELIGIOUS EXEMPTIONS --

MR. MANKTELOW: I'M NOT SURE THIS IS A RELIGIOUS

EXEMPTION, BUT I JUST WANTED TO THINK ABOUT THE PRACTICALITY OF THIS,

THAT'S WHY I ASKED THE QUESTION BECAUSE THEY DO --

MR. OTIS: WE'LL DELVE INTO IT. GOOD QUESTION. AND

-- AND I WOULD SAY THE AMISH WHO MANY HAVE COME FROM

PENNSYLVANIA TO RESTART FARMLAND IN NEW YORK STATE, IT'S A GREAT THING.

MR. MANKTELOW: THANK YOU. THANK YOU,

MADAM SPEAKER.

ACTING SPEAKER LUNSFORD: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LUNSFORD: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. WALLACE TO EXPLAIN HER VOTE.

MS. WALLACE: THANK YOU, MADAM SPEAKER, FOR

GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. FIRST, I WANT TO THANK

THE SPONSOR FOR THIS TERRIFIC BILL. LOOK, AT THE END OF THE DAY WE KNOW

AEDS SAVE LIVES. WE ALL SAW THAT FIRSTHAND WITH THE MIRACULOUS

RECOVERY OF BUFFALO BILLS PLAYER DAMAR HAMLIN WHO BUT FOR THE AED

DEVICE BEING ON THE FIELD, HE MIGHT NOT BE WITH US TODAY. LAST YEAR,

THIS LEGISLATIVE BODY PASSED MY BILL TO REQUIRE AED DEVICES IN GYMS

NYS ASSEMBLY JUNE 7, 2023

WITH BIPARTISAN SUPPORT, BECAUSE THIS LEGISLATURE RECOGNIZED HOW

IMPORTANT IT IS TO HAVE THOSE DEVICES AVAILABLE, ESPECIALLY IN PLACES

WHERE INDIVIDUALS ARE WORKING OUT, BECAUSE THE CHANCES OF HAVING A

CARDIAC EVENT IN THAT SITUATION INCREASE EXPONENTIALLY. THE COST FOR

THESE DEVICES IS ACTUALLY MINIMAL, IN MY OPINION. THE SPONSOR

MENTIONED $1,500 IS THE AVERAGE COST. SOME OF THEM ARE AS LOW AS

$1,000 AND THERE IS A NEW YORK STATE CREDIT OF $500.

WITHOUT AEDS THE CHANCE OF SURVIVAL IS NINE PERCENT,

WHEREAS WITH AN AED DEVICE, THAT CHANCE OF SURVIVAL INCREASES TO 93

PERCENT. AND EVERY MINUTE MATTERS. THE LIVES OF OUR CHILDREN ARE

WORTH THE SMALL COST TO PAY FOR THESE DEVICES. SO THEREFORE, I PROUDLY

VOTE IN FAVOR OF THIS LEGISLATION AND THANK THE SPONSOR.

ACTING SPEAKER LUNSFORD: MS. WALLACE IN

THE AFFIRMATIVE.

MR. KEITH BROWN.

MR. K. BROWN: THANK YOU, MADAM SPEAKER. I

WANTED TO SPEAK A LITTLE BIT ABOUT THIS BILL BECAUSE THE ORIGIN COMES

DIRECTLY FROM MY DISTRICT. THE ORIGINAL BILL THAT REQUIRES THE AEDS

COMES FROM LOUIS' LAW, WHICH IS NAMED AFTER LOUIS ACOMPORA WHO

DIED ON MARCH 25TH OF 2000 FROM A CONDITION KNOWN AS COMMOTIO

CORDIS, WHILE PLAYING LACROSSE DURING A GAME AT OUR HIGH SCHOOL. HE

WAS ONLY 14 YEARS OLD. HE WAS A GOALIE AND HE WAS WEARING THE

REQUIRED CHEST PROTECTOR AND BLOCKED A ROUTINE SHOT WITH HIS BODY THAT

RESULTED IN A LACROSSE BALL STRIKING HIS CHEST DIRECTLY OVER HIS HEART.

AND IN A MILLISECOND, HIS HEART WAS THROWN INTO AN ABNORMAL HEART

NYS ASSEMBLY JUNE 7, 2023

RHYTHM CALLED VENTRICULAR FIBRILLATION. SO PRECISELY AT THE SAME

MOMENT THAT THE LACROSSE BALL HIT HIS CHEST, HIS HEARTBEAT HAD CAUSED AN

ARRHYTHMIA.

SO THAT LAW WAS PASSED BACK IN 2002, AND THE

ACOMPORA FOUNDATION HAS BEEN TRAINING PEOPLE AND LOBBYING FOR

ADDITIONAL REGULATIONS TO MAKE SURE THAT ALL HIGH SCHOOL STUDENTS ARE

FULLY TRAINED WITH THE PROPER USE OF AN AED, SOMETHING THAT I SUPPORT.

AS A FORMER LITTLE LEAGUE COACH AND SOCCER COACH, I'VE HAD TO BEEN

TRAINED BY THE ACOMPORAS, BOTH OF OUR YOUTH SPORTS LEAGUES HAS

REQUIRED IT. SO I DO AGREE THAT THIS IS A WONDERFUL BILL. I THINK THAT I

AM -- I JOIN MY COLLEAGUES IN CONCERN ABOUT THE IMPLEMENTATION, BUT

WHERE I'M FROM DOWN ON LONG ISLAND, MOST YOUTH SPORTS FACILITIES HAVE

AEDS AVAILABLE. THEY REQUIRE YOUTH SPORTS PROGRAMS TO SUBMIT -- THIS

BILL REQUIRES YOUTH SPORTS PROGRAMS TO SUBMIT TO THE DOH AN

IMPLEMENTATION PLAN, AND I HOPE THAT THE DEPARTMENT OF HEALTH MAKES

ACCOMMODATIONS FOR YOUTH SPORTS LEAGUES THAT DON'T HAVE THE ABILITY TO

PROVIDE THIS FOR EVERY SINGLE GAME AND PRACTICE AND WILL TAKE THAT INTO

CONSIDERATION, BECAUSE AS WE KNOW, THE NUMBER OF YOUTHS THAT

PARTICIPATE IN YOUTH SPORTS THESE DAYS IS DECLINING AT A RAPID PACE. SO

FOR THIS REASON, I'M VOTING IN FAVOR OF THIS BILL. THANK YOU FOR YOUR

TIME.

ACTING SPEAKER LUNSFORD: MR. BROWN IN

THE AFFIRMATIVE.

MR. SANTABARBARA.

MR. SANTABARBARA: THANK YOU, MR. [SIC]

NYS ASSEMBLY JUNE 7, 2023

SPEAKER, IN EXPLAINING MY VOTE. FIRST OF ALL, I WANT TO COMMEND THE

SPONSOR AND THANK HIM FOR BRINGING THIS BILL FORWARD. IN THE WAKE OF

THE INCIDENT WHERE BUFFALO BILL SAFETY DAMAR HAMLIN WENT INTO

CARDIAC ARREST DURING THE GAME, EXPERTS HAVE SAID THAT THE IMMEDIATE,

ON-THE-FIELD MEDICAL ATTENTION WITH WHICH WAS CRUCIAL IN SAVING HIS LIFE

AND FUTURE HEALTH. BUT THE TRUTH IS, WHILE THE INCIDENT BROUGHT ATTENTION

TO THE POTENTIAL DANGERS OF SUDDEN IMPACTS TO THE CHEST OF FOOTBALL,

THESE INJURIES CAN ALSO TAKE PLACE IN COMMON YOUTH SPORTS SUCH AS

BASEBALL, SOFTBALL, BASKETBALL, HOCKEY AND LACROSSE. BY MAKING THESE

DEVICES AVAILABLE, WE CAN SAVE LIVES DURING PRACTICES AND GAMES IF AN

EMERGENCY TAKES PLACE. THEY CAN HELP US SAVE LIVES IN THOSE MOMENTS

WHERE EVERY SECOND COUNTS. WITH THAT, MR. SPEAKER, I'M VERY PLEASED

TO CAST MY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SANTABARBARA IN

THE AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO APPRECIATE

THE THOUGHT PROCESS OF THE SPONSOR OF THIS LEGISLATION. AND I ALSO WANT

TO APPRECIATE SOME OF THE DEBATE BECAUSE, YOU KNOW, I DO UNDERSTAND

THAT IN MOST COMMUNITIES THERE ARE MULTIPLE VOLUNTEER ORGANIZATIONS

AND PARENT GROUPS THAT PUT TOGETHER ATHLETIC OPPORTUNITIES FOR THEIR

CHILDREN. AND THEY PROBABLY ARE NOT THINKING ABOUT THE FACT THAT THERE

SHOULD BE A DEFIBRILLATOR ON SITE, EVEN THOUGH WE HAVE SEEN NOT JUST IN

NEW YORK BUT ACROSS THE WORLD, ADULTS AND CHILDREN DIE WHILE PLAYING

NYS ASSEMBLY JUNE 7, 2023

SPORTS.

NOT MORE THAN A YEAR AGO OR TWO, A YOUNG MAN FROM

(INAUDIBLE) WAS PLAYING BASKETBALL WITH HIS HIGH SCHOOL TEAM AT AN

OUTDOOR COURT, FELL AND DIED. BUT, YOU KNOW, WE KNOW THAT IF THERE

WAS A DEFIBRILLATOR THERE, HE WOULD HAVE SURVIVED. AND SO OUR

PREVIOUS WORK AROUND THIS ISSUE IS IMPACTFUL, AND I BELIEVE THAT THIS

ONE IS GOING TO BE IMPACTFUL AS WELL BECAUSE AS DIFFICULT AS IT MAY BE

FOR SOME PEOPLE TO THINK IT'S UNAFFORDABLE, IT'S ALWAYS AFFORDABLE TO TRY

TO SAVE THE LIFE OF A CHILD. WE FIGURE OUT WAYS TO BUY EVERYTHING ELSE

WE WANT, INCLUDING MANY AND SOME OF US IN HERE DON'T EVEN MIND THE

FACT THAT PEOPLE CAN AFFORD TO GO OFF AND BUY AK 41S OR 50 OR WHATEVER

YOU CALL THOSE MILITARY-STYLE WEAPONS THAT ROLL UP IN THE SCHOOLS AND

KILL AS MANY CHILDREN AS THEY CAN. I THINK THERE IS NO COST THAT'S TOO

MUCH TO PROTECT THE LIFE OF A CHILD. NO MATTER WHAT THEY'RE DOING,

WHETHER THEY'RE PLAYING ATHLETICS OR THEY'RE IN SCHOOL SITTING DOING THEIR

MATH WORK. WE NEED TO BE -- HAVE TO BE PREPARED TO HAVE WHATEVER

THEY NEED TO PROTECT THEM AND WE SHOULD HAVE THAT ON SITE.

SO I WANT TO COMMEND THE SPONSOR. AND IT IS AN

HONOR AND A PLEASURE TO VOTE IN FAVOR OF THIS PIECE OF LEGISLATION. I

HAVE A LOT OF ATHLETIC TEAMS IN MY DISTRICT. IF THEY FIND THAT THEY'RE

HAVING A PROBLEM, THEN WE'LL HAVE TO FIGURE OUT A WAY TO HELP THEM GET

WHAT THEY NEED TO NOT ONLY TRAIN THESE YOUNG PEOPLE HOW TO BE

ATHLETES, BUT PROTECT THEM WHILE THEY'RE PLAYING. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLE-STOKES

IN THE AFFIRMATIVE.

NYS ASSEMBLY JUNE 7, 2023

MR. CONRAD TO EXPLAIN HIS VOTE.

MR. CONRAD: THANK YOU, MR. SPEAKER. IN A

PREVIOUS LIFE, I HAD THE OPPORTUNITY OF BEGINNING A YOUTH RUGBY

PROGRAM ACROSS THE STATE OF NEW YORK. AND WE USED TO SAY WE'RE ONE

FOOT IN THE GRAVE, ONE FOOT ON THE BANANA PEEL WITH A CONTACT SPORT LIKE

THAT. AND RIGHT AWAY ONE OF THE FIRST THINGS WE DID WAS IMPLEMENT AND

MAKE SURE THAT EVERY ONE OF OUR COACHES, ASSISTANT COACHES AND

VOLUNTEERS TOOK NOT ONLY CPR BUT ALSO HAD AN EXTERNAL DEFIBRILLATOR

AVAILABLE AT SITES OF GAMES AND SO ON. I DO AGREE WITH MY COLLEAGUES,

THERE ARE SOME CONCERNS OF COSTS, ESPECIALLY AMONG RURAL AREAS AND

PRACTICES, AND THE FINES. AND I HOPE WE CAN MAKE SOME AMENDMENTS

IN THE FUTURE ON THAT IN FUNDING. I THINK THAT'S RELATIVELY REASONABLE TO

ASK FROM OUR STATE. BUT I WILL SAY AS A PARENT, I HAVE BEEN TO FIELDS,

AND I'VE BEEN TO PRACTICES WHERE THERE ISN'T SOMETHING AVAILABLE AND

I'VE ACTUALLY SEEN PARENTS GO INTO CARDIAC ARREST. AND IF IT WASN'T FOR

THE QUICK WIT OF SOME OF THE KIDS IN THAT SPACE, THAT PERSON WOULDN'T

HAVE BEEN RESCUED WITHOUT CONTACTING 9-1-1. SO I WANT TO COMMEND

THE SPONSOR AND I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MR. CONRAD IN THE

AFFIRMATIVE.

MR. NORRIS TO EXPLAIN HIS VOTE.

MR. NORRIS: THANK YOU, MR. SPEAKER. A FEW

YEARS BACK, I SPOKE ON A SIMILAR BILL WHERE THEY REQUIRE DEFIBRILLATORS

IN HEALTH CLUBS. AND THAT'S BECAUSE MY NEXT DOOR NEIGHBOR WAS AT A

NYS ASSEMBLY JUNE 7, 2023

HEALTH CLUB, AND HE'S ONLY ALIVE TODAY BECAUSE THEY HAD THAT

DEFIBRILLATOR. AND I WOULD LIKE TO JUST SAY, I'M OFTEN CRITICAL IN THIS

HOUSE ABOUT THE SPENDING AND MANDATES AND ALL OF THOSE TYPES OF

THINGS, BUT I'D ASK MY COLLEAGUES, THIS IS A BILL WHERE YOU JUST NEED TO

DO THE RIGHT THING AND SUPPORT THIS BILL BECAUSE THIS WILL HAVE A GREAT

IMPACT ON SAVING LIVES OF CHILDREN ON OUR SPORTS FIELDS AND OUR DAY

CAMPS AND SUMMER CAMPS, AND OVERNIGHT CAMPS GOING FORWARD IN THE

LONG TERM. AND ALSO, MAYBE ADULTS THAT ARE THERE AS WELL. SO IT IS WITH

GREAT PRIDE THAT I SUPPORT THIS BILL IN HONOR OF MY NEXT DOOR NEIGHBOR, I

USED TO LIVE NEXT TO HIM FOR 14 YEARS, WHO IS STILL ALIVE TODAY BECAUSE

THERE WAS A DEFIBRILLATOR AT THAT HEALTH CLUB, AND I KNOW THIS EXPANSION

WILL SAVE LIVES IN OUR STATE, AND I ENCOURAGE ALL OF MY COLLEAGUES TO

PLEASE VOTE FOR THIS VERY IMPORTANT AND LIFE-SAVING MEASURE. THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU. MR.

NORRIS IN THE AFFIRMATIVE.

MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE.

ACTING SPEAKER AUBRY: PLEASE, SIR.

MR. TAGUE: AS I EARLIER SAID DURING THE DEBATE, I

AM GOING TO SUPPORT THIS BILL. HOWEVER, I DO BELIEVE THAT THERE'S MORE

WORK TO DO TO GET THIS BILL RIGHT. AND PART OF THAT IS FINDING FUNDING

THROUGH, SOMEWHERE THROUGH THE SYSTEM, FOR ORGANIZATIONS LIKE LITTLE

LEAGUES, THE BOY SCOUTS, THE GIRL SCOUTS. SOME OF THESE

NYS ASSEMBLY JUNE 7, 2023

ORGANIZATIONS THAT ARE RUNNING A VERY TIGHT BUDGET. TO PUT THIS

MANDATE ON THEM WITHOUT THE FUNDING I THINK IS A PROBLEM. AND I

NORMALLY WOULD NOT SUPPORT THIS, BUT SOMEONE THAT HAS BEEN INVOLVED

IN ATHLETICS MY WHOLE LIFE, BELIEVE IT OR NOT, I THINK IT'S VERY IMPORTANT.

AND EVEN WORKING IN THE CONSTRUCTION INDUSTRY. THROUGH THE MINE

SAFETY AND HEALTH ADMINISTRATION, WE WERE REQUIRED TO HAVE THESE

DEVICES AND OUR PEOPLE TRAINED EVERY SHIFT. AND I THINK IT'S VERY

IMPORTANT. I JUST AS A MATTER OF FACT GAVE A CITATION OUT LAST FALL AT

PECKHAM MATERIALS OVER IN ATHENS WHERE A TRUCK DRIVER STOPPED -- HIS

HEART STOPPED BEATING. AND BECAUSE TWO EMPLOYEES THERE WERE TRAINED

ON HOW TO USE AN AED SYSTEM, WERE TRAINED IN FIRST AID AND CPR, THEY

BROUGHT THE MAN BACK TO LIFE. SO I CAN'T IN GOOD CONSCIOUS NOT SUPPORT

THIS BILL, BUT I DO THINK WE HAVE SOME WORK TO DO. SO MR. SPEAKER AND

THE SPONSOR, I WILL BE A YES, THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. MR.

TAGUE IN THE AFFIRMATIVE.

MR. RA TO EXPLAIN HIS VOTE.

MR. RA: THANK -- THANK YOU, MR. SPEAKER. AND NOT

TO BELABOR THE POINT BECAUSE SO MANY OF MY COLLEAGUES HAVE TALKED

ABOUT DIFFERENT STORIES AND I APPRECIATE, YOU KNOW, THE COST CONCERNS

AND ALL THAT, AND I THINK WE SHOULD DO EVERYTHING WE CAN TO, YOU KNOW,

MITIGATE THAT. BUT JUST IN DECEMBER, MY HIGH SCHOOL ALMA MATER,

CHAMINADE HIGH SCHOOL, THE BASKETBALL TEAM WAS PRACTICING, ONE OF

THE CENTERS, YOU KNOW, WENT DOWN DURING A DRILL AND THANKFULLY THE

ATHLETIC TRAINER AND THE COACHES RECOGNIZED WHAT WAS GOING ON QUICKLY

NYS ASSEMBLY JUNE 7, 2023

AND WERE ABLE TO GO GET THE AED THEY HAD ON SITE AND REVIVE THE YOUNG

MAN. SO THAT -- THERE'S NO QUESTION THERE IN A SITUATION LIKE THAT, THEIR

QUICK ACTION AND THEIR KNOWLEDGE OF HOW TO USE THAT PIECE OF

EQUIPMENT SAVED THIS YOUNG MAN'S LIFE. SO I'M SUPPORTING THIS BILL AND

I HOPE WE CAN CONTINUE TO DO THINGS AND MAKE SURE THAT WE'RE HELPING

ANY OF THESE FACILITIES, YOUTH LEAGUES, TO MAKE SURE THEY CAN PURCHASE

THIS PIECE OF EQUIPMENT BECAUSE IT IS LIVE SAVING. THANK YOU.

ACTING SPEAKER AUBRY: MR. RA IN THE

AFFIRMATIVE. THANK YOU, SIR.

MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. YOU KNOW, FIVE OF US ARE VOTING NO HERE, BUT I FEEL

CONFIDENT IN SAYING THAT ALL FIVE OF US BELIEVE VERY STRONGLY THAT

DEFIBRILLATORS ARE A VERY GOOD IDEA. AND EVERY CAMP, EVERY SPORTS

TEAM, EVERY ORGANIZATION SHOULD HAVE THEM AND IN THE PAST, WE'VE

MANDATED THEM IN SCHOOLS. BUT ALL OF THESE LEAGUES AND THESE CAMPS

ARE RUN BY RESPONSIBLE ADULTS, AND THE CHILDREN WHO ATTEND THESE CAMPS

AND PLAY IN THESE LEAGUES HAVE PARENTS WHO CARE VERY MUCH FOR THEM

AND WHO ARE RESPONSIBLE FOR THEIR WELL-BEING. I DON'T BELIEVE IT IS

GOVERNMENT'S ROLE TO FORCE ANYONE TO DO SOMETHING LIKE THIS. THE

PARENTS ARE SMART ENOUGH, THE ORGANIZATIONS ARE SMART ENOUGH. IF A

PARENT BELIEVES A CAMP OR A LEAGUE SHOULD HAVE A DEFIBRILLATOR, LET

THEM ASK THE LEADERSHIP AND MAYBE ORGANIZE A GROUP TO FUND ONE. BUT

TO HAVE GOVERNMENT FORCE THESE ORGANIZATIONS TO DO THIS, THESE

ORGANIZATIONS ALREADY KNOW IT'S A GOOD IDEA TO HAVE ONE, I THINK

NYS ASSEMBLY JUNE 7, 2023

EVERYBODY KNOWS AUTOMATIC ELECTRONIC DEFIBRILLATORS ARE GOOD. BUT

GOVERNMENT DOES NOT HAVE A ROLE IN FORCING COMPLIANCE OR FORCING

ORGANIZATIONS TO PURCHASE THESE. LET THE PARENTS PUT THE PRESSURE ON

THE ORGANIZATIONS TO PURCHASE THEM AND PROVIDE THEM. IT SHOULD NOT BE

GOVERNMENT'S RESPONSIBILITY TO DO THAT. AND FOR THAT REASON, I OPPOSE

IT. THOUGH I DO THINK AUTOMATIC DEFIBRILLATORS ARE A VERY GOOD IDEA, BUT

GOVERNMENT SHOULD NOT FORCE PEOPLE TO BUY THEM.

ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE

NEGATIVE.

ARE THERE --

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I THINK EVERYONE

HAS BEEN PRETTY CLEAR THAT DEFIBRILLATORS ARE HELPFUL AND THEY CAN BE

LIFE-SAVING, AND SOME OF US HAVE PERSONAL EXPERIENCE IN THAT AND I

AGREE. WE ALSO ALL AGREE THAT THEY'RE NOT CHEAP. AND I HOPE WE ALL

AGREE THAT IF WE MANDATE SOMETHING, WE OUGHT TO HELP PAY FOR IT. I

DON'T START FROM THE PREMISE THAT PARENTS IN MY COMMUNITY ARE STUPID

OR UNCARING, OR ANYTHING ELSE. I START FROM THE PREMISE THAT THEY'RE

SMART, THOUGHTFUL AND COMPASSIONATE AND THEY HAVE THE BEST INTEREST OF

THEIR CHILDREN IN MIND. AND SO I HOPE AS WE MOVE FORWARD, WE EXTEND

A HELPING HAND TO HELP ALL THESE SOCCER LEAGUES AND LITTLE LEAGUES AND

ALL THESE VOLUNTEERS INCREASE THE LEVEL OF SAFETY AND AFFORD -- AND CAN

AFFORD THIS TYPE OF EQUIPMENT. AND SO I DON'T OPPOSE DEFIBRILLATORS, OF

COURSE NOT. I JUST OPPOSE THE PROCESS OF HAVING A HUGE, UNFUNDED

MANDATE FORCED ON VOLUNTEERS WHEN WE CERTAINLY HERE IN THIS CHAMBER

NYS ASSEMBLY JUNE 7, 2023

AND IN THIS STATE HAVE THE ABILITY TO TAKE A POSITIVE, SUPPORTIVE ROLE BY

PROVIDING THE FUNDING TO ACHIEVE OUR OBJECTIVES. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 29, CALENDAR NO. 131, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02888-A, CALENDAR

NO. 131, BARRETT, LUPARDO, GUNTHER, KELLES, GONZÁLEZ-ROJAS, COLTON,

SIMON, REYES, DICKENS, ARDILA. AN ACT TO AMEND THE PUBLIC

AUTHORITIES LAW AND THE EXECUTIVE LAW, IN RELATION TO AUTHORIZING THE

NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO

DEVELOP A CLEAN ENERGY OUTREACH AND COMMUNITY PLANNING PROGRAM;

AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

BARRETT, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

AN EXPLANATION IS REQUESTED, MS. BARRETT.

MS. BARRETT: THANK YOU, MR. SPEAKER. THIS BILL

WOULD DIRECT NYSERDA TO DEVELOP A COMMUNITY OUTREACH AND

EDUCATION PROGRAM WHICH SHALL INCLUDE COMMUNICATION AND OUTREACH,

EDUCATION AND OUTREACH TO LOCAL GOVERNMENTS, AND FACILITATING REGIONAL

DISCUSSION FORUMS FOR COMMUNITIES. IT WOULD ALSO DIRECT NYSERDA

NYS ASSEMBLY JUNE 7, 2023

TO ESTABLISH A PUBLICALLY-AVAILABLE CLEAN ENERGY MAPPING TOOL TO HELP

MUNICIPALITIES AND COMMUNITIES MAKE RENEWABLE ENERGY PROJECTS

CITING DECISIONS, AND SHALL INCLUDE AGRICULTURAL, ENVIRONMENTAL,

INFRASTRUCTURE AND OTHER RELEVANT INFORMATION. IT WOULD DIRECT

NYSERDA TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO LOCAL

GOVERNMENTS AND STAKEHOLDERS ON THE USE OF THE CLEAN ENERGY MAPPING

TOOL, AND IT WOULD REQUIRE RENEWABLE ENERGY DEVELOPERS TO COVER THE

FEES OF RECOVERING -- SORRY, THE FEES INCURRED BY NYSERDA IN THE

ADMINISTRATION OF THIS PROGRAM.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. BARRETT, WILL YOU

YIELD?

MS. BARRETT: YES, I WILL.

ACTING SPEAKER AUBRY: SPONSOR YIELDS, SIR.

MR. PALMESANO: THANK YOU, DIDI. I KNOW WE

TALKED ABOUT THIS A LITTLE BIT IN COMMITTEE, AND I -- I UNDERSTAND THE

INTENTIONS BEHIND THIS LEGISLATION AND WHY YOU'RE PUTTING IT FORWARD,

BUT I DO HAVE SOME QUESTIONS. IF I COULD WALK THROUGH THE LEGISLATION

WITH YOU A LITTLE BIT. YOU MENTIONED COST. I KNOW ON PAGE 4, I THINK

YOU SAID THAT, NUMBER ONE, WHEN IT TALKS ABOUT THE FUNDING, YOU SAID

THE DEVELOPERS WOULD PAY FOR THAT THROUGH THE FEES THEY PAY; IS THAT

CORRECT?

MS. BARRETT: THE DEVELOPERS WOULD PAY FOR THAT,

NYS ASSEMBLY JUNE 7, 2023

YES.

MR. PALMESANO: AND THEN MY OTHER QUESTION, A

LITTLE FURTHER DOWN ON THE PAGE IT TALKS ABOUT IN ADDITION TO THE FEES

ESTABLISHED, IT BASICALLY SAYS THERE MAY BE FEE ASSESSED FOR THE PURPOSE

OF RECOVERING COSTS TO NYSERDA. WOULD THE DEVELOPERS BE PAYING

THOSE FEES, OR DOES THAT COME FROM NYSERDA FUNDING?

MS. BARRETT: ALL OF THE FEES ARE -- ARE COVERED BY

THE DEVELOPERS.

MR. PALMESANO: OKAY. NOW, ALSO ONE QUESTION.

THIS ALSO INCLUDES -- WE TALKED A LOT ABOUT WIND AND SOLAR. THIS WILL

INCLUDE BATTERY STORAGE, CORRECT?

MS. BARRETT: YES.

MR. PALMESANO: OKAY. ON PAGE 2, IT TALKS ABOUT

WAYS TO SUPPORT THE APPROPRIATE -- TO SUPPORT THE ACCEPTANCE --

APPROPRIATE CITING AND ACCEPTANCE OF RENEWABLE ENERGY SOURCES. IS THAT

BASICALLY TO SAY THE LOCAL GOVERNMENTS -- WHEN YOU SAY "ACCEPTED"

THEY NEED TO ACCEPT THIS, THAT THEY HAVE, YOU KNOW, JUST TO GIVE THEM

INFORMATION ON IT, BECAUSE I THINK WHEN I LOOK AT THAT, IT SOUNDS LIKE

THEY WANT TO PUT THE PRESSURE ON THEM TO SAY, HEY, YOU NEED TO BE

ACCEPTING THIS BECAUSE THIS IS WHERE WE'RE GOING.

MS. BARRETT: THE -- THE POINT OF THIS IS TO GIVE

THE MUNICIPALITIES, LOCAL GOVERNMENTS, THE TOOLS AND EMPOWER THEM TO

BE ABLE TO GET THE INFORMATION THEY NEED FOR THESE DECISIONS. IT DOESN'T

CHANGE THE CITING.

MR. PALMESANO: RIGHT. AND I KNOW, LIKE, EVEN

NYS ASSEMBLY JUNE 7, 2023

IN YOUR SPONSOR'S MEMO YOU SAID THAT MANY COMMUNITIES ARE

CONCERNED ABOUT THE RIGHTS AND PROTECTIONS AS HOST COMMUNITIES, BOTH

ON SMALL AND LARGE SCALE RENEWABLE PROJECTS AND FEEL THAT THE SCALES

HAVE BEEN TIPPED TO THE BENEFIT OF DEVELOPERS, MANY OF WHICH AREN'T

BASED IN NEW YORK, INCLUDING THOSE THAT ARE TEND TO SELL THEIR SOLAR

SITES, LEAVING LOCAL COMMUNITIES WITH NO VOICE AT ALL. SO HOW DOES

YOUR BILL ADDRESS THESE CONCERNS RELATIVE TO DEVELOPERS? I MEAN,

NUMBER ONE, ESPECIALLY FOR CITING, BECAUSE DID WE NOT PASS LEGISLATION

IN THIS HOUSE, WE BASICALLY TOOK AWAY ALL LOCAL CONTROL FROM LOCAL

COMMUNITIES AS FAR AS THE CITING OF RENEWABLE PROJECTS, WHETHER IT'S

WIND, SOLAR AND NOW EVEN ENERGY STORAGE?

MS. BARRETT: THIS BILL IS -- THAT'S THE -- THE -- THE

POINT HERE IS TO EMPOWER LOCAL GOVERNMENTS AND MUNICIPALITIES WITH

THE KNOWLEDGE AND THE TOOLS AND MAKE THEM PART OF THE DECISION-

MAKING PROCESS TO THE EXTENT THAT WE CAN.

MR. PALMESANO: RIGHT.

MS. BARRETT: AND I WOULD THINK THIS WOULD BE

SOMETHING THAT YOU WOULD --

MR. PALMESANO: RIGHT.

MS. BARRETT: -- THINK POSITIVELY ABOUT --

MR. PALMESANO: I AM.

MS. BARRETT: -- BECAUSE LOTS OF OTHER COLLEAGUES

HAVE BEEN VERY HAPPY WITH THIS.

MR. PALMESANO: YES, AND AGAIN, LIKE I SAID, I

DON'T WANT TO -- I DON'T WANT TO -- I UNDERSTAND THE INTENT OF THE

NYS ASSEMBLY JUNE 7, 2023

LEGISLATION. I THINK A LOT OF MY PROBLEMS WITH THESE ISSUES IS A BIGGER,

BROADER PERSPECTIVE, WHICH I'LL GET INTO.

ON PAGE 3, IT SAYS, IS TO PROVIDE OBJECTIVE

INFORMATION. NOW, OBJECTIVE INFORMATION OBVIOUSLY IS IN THE EYES OF

THE BEHOLDER, IS IT? LIKE, ARE WE GOING TO BE TALKING ABOUT, YOU KNOW,

ONE, NUMBER ONE, REAFFIRMING TO LOCAL COMMUNITIES THAT OBVIOUSLY THEY

HAVE NO INPUT REALLY IN -- IN THE CITING OR APPROVAL OF PROJECTS, WIND,

SOLAR OR ENERGY STORAGE IN THEIR LOCAL COMMUNITIES? ARE WE GOING TO

BE SHARING THAT INFORMATION OR DO WE JUST ASSUME THAT THEY KNOW ABOUT

IT ALREADY?

MS. BARRETT: THIS IS A MAPPING TOOL. THAT'S NOT

WHAT THIS BILL IS ABOUT. THIS IS A MAPPING TOOL THAT WILL PROVIDE

OBJECTIVE INFORMATION BECAUSE IT'S GOING TO SHOW LITERALLY WHAT PEOPLE

SEE AND WHAT THEY WANT AND, YOU KNOW, WILL ALLOWING THEM TO BE ABLE

TO PUT THOSE FORWARD AS THE AREAS THAT THEY FEEL ARE MOST APPROPRIATE FOR

CITING THINGS.

MR. PALMESANO: WHAT ABOUT -- I KNOW YOU

TALKED ABOUT -- TALKING ABOUT -- I BELIEVE IT WAS ON PAGE 2, TALKING

ABOUT SHOWING ON THE IMPACTS OF REDUCED GREENHOUSE GAS EMISSIONS.

HOW DOES THAT COINCIDE WHEN OBVIOUSLY THE AMOUNT -- IS THAT GOING TO

BE EXPLAINED TO THEM ON GREENHOUSE GAS EMISSIONS WHAT NEW YORK'S

TOTAL CONTRIBUTION IS IN RELATION TO GREENHOUSE GAS EMISSIONS COMPARED

TO OTHER STATES AND THE WORLD FROM THAT PERSPECTIVE TO SHOW HOW IT'S

GOING TO BE BENEFICIAL FROM THAT PERSPECTIVE ABOUT WHAT WE DO HERE IN

NEW YORK? ARE THEY SUPPOSED TO SHARE THAT INFORMATION AS WELL?

NYS ASSEMBLY JUNE 7, 2023

MS. BARRETT: THAT -- THE -- THE FACT THAT -- THAT

GETTING RID OF GREENHOUSE GASES IS A GOOD THING, IS THAT -- I MEAN, I

THINK THAT'S --

MR. PALMESANO: RIGHT.

MS. BARRETT: -- KIND OF OUT THERE ALREADY. BUT

THIS IS, YOU KNOW, AGAIN, THIS -- THIS IS A TOOL TO HELP --

MR. PALMESANO: I UNDERSTAND.

MS. BARRETT: -- OUR COMMUNITIES UNDERSTAND. I'M

-- I'M NOT SURE WHAT YOU'RE -- WHAT YOU'RE GETTING AT HERE, BUT --

MR. PALMESANO: NO, I UNDERSTAND.

MS. BARRETT: -- IT SEEMS LIKE YOU'RE GOING OUTSIDE

OF THE INTENTION OF THE BILL AND -- AND THE GOALS OF THE BILL IN YOUR -- IN

YOUR QUESTIONING.

MR. PALMESANO: WELL, I'LL -- I'LL TELL YOU WHAT. I

WON'T GO BACK AND FORTH MUCH MORE. I'LL JUST -- I'LL GO ON THE BILL.

THANK YOU.

MS. BARRETT: THANK YOU.

MR. PALMESANO: THANK YOU.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: LISTEN, MR. SPEAKER, AND MY

COLLEAGUES, I UNDERSTAND WHAT THE SPONSOR IS TRYING TO DO HERE. I KNOW

THERE WILL BE SUPPORT FOR THIS LEGISLATION. I THINK IN GENERAL, THOUGH, I

THINK THIS BILL REALLY KIND OF FRUSTRATES ME. I UNDERSTAND IT'S A TOOL, BY I

LOOK AT IT FROM A BROADER PERSPECTIVE. I MEAN, IT'S ALMOST LIKE SAYING

NYS ASSEMBLY JUNE 7, 2023

THAT LOCALITIES ARE -- YOU KNOW, WE'RE GOING TO GIVE TOOLS TO LOCALITIES,

AND THE INFORMATION THEY NEED TO ACCEPT IT, BUT -- AND IT'S TALKING ABOUT

ACCEPTING IT AND MAKING SURE THEY'RE ACCEPTING THIS, THE CITING OF THESE

RENEWABLE PROJECTS, BUT THE FACT OF THE MATTER IS MANY LOCAL

COMMUNITIES DON'T WANT THESE PROJECTS, DON'T WANT WIND AND SOLAR IN

THEIR COMMUNITIES, BUT YET, THIS HOUSE, ON THEIR OWN, TOOK AWAY THE

ABILITY OF HAVING LOCAL INPUT, A LOCAL REPRESENTATIVE ON THE CITING BOARD,

EVEN, TO MAKE THE DECISION ON THE CITING OF THIS PROJECTS. THAT'S WHAT

THIS HOUSE DID.

WHAT THIS HOUSE ALSO DID IS WE TOOK AWAY THE

ASSESSMENT MODEL, TO REDUCE THE ASSESSMENT MODELS OF FORMULA SO

BASICALLY IT WILL REDUCE THE ASSESSMENT IN FAVOR OF DEVELOPERS, WHICH I

KNOW IN THE SPONSOR'S MEMO SAYS, YOU KNOW, PEOPLE AND LOCAL

GOVERNMENTS ARE CONCERNED ABOUT HOW THIS TIPS THE HAND IN FAVOR OF

THE DEVELOPERS. WELL, THE BILL WE PASSED IN LAST YEAR'S BUDGET AND

REAFFIRMED THIS YEAR BASICALLY TIPS THE HAND TO THE DEVELOPERS. SO NOW

WE'RE GOING TO SEE ASSESSMENTS, NOT AS HIGH AS THEY SHOULD BE FOR THE

LOCAL PROPERTY TAXPAYER, BECAUSE THIS HOUSE PASSED THAT. THIS BILL DOES

NOTHING TO ADDRESS THIS. THIS BILL DOES NOTHING TO ADDRESS LOCAL CONTROL

ON THESE PROJECTS. I THINK THAT'S VERY CONCERNING. AND TO KEEP THIS IN

MIND, THE CLIMATE ACTION COUNCIL PLAN CALLS FOR 60 GIGAWATTS OF

ADDITIONAL SOLAR. LET'S KEEP THAT IN MIND. ONE GIGAWATT REPRESENTS

750,000 HOMES. OUR CURRENT GENERATING CAPACITY IN THE STATE IS 41

GIGAWATTS; THAT'S WIND, SOLAR, HYDRO, NATURAL GAS, NUCLEAR. BUT WE'RE

GOING TO HAVE TO PUT 60 GIGAWATTS OF SOLAR, ACCORDING TO THE CLIMATE

NYS ASSEMBLY JUNE 7, 2023

ACTION COUNCIL PLAN, AND IT TAKES EIGHT ACRES FOR EACH MEGAWATT.

THAT'S THE EQUIVALENT OF 480,000 ACRES. WHERE IS THAT LAND -- WHERE'S

THAT GOING TO COME FROM? THAT'S GOING TO COME UP FROM UPSTATE

LANDS, IT'S GOING TO COME FROM UPSTATE FARMERS. AND WHO CAN BLAME

THE FARMERS FOR WANTING TO SELL THEIR LAND, TO GET SOME KIND OF PROFIT,

BECAUSE THIS HOUSE HAS ALSO HAD AN OUTRIGHT ASSAULT ON OUR FARMERS

WITH PASSES OF LEGISLATION, ESPECIALLY THE FARM LABOR ACT. SO WHO CAN

BLAME THE FARMERS FOR WANTING TO GET SOME BENEFIT OUT OF THEIR

PROPERTY?

AND ON TOP OF THAT, 90 PERCENT OF OUR GENERATION

UPSTATE RIGHT NOW IS EMISSION FREE, WITH THE WIND, WITH SOLAR, WITH

HYDRO AND NUCLEAR, 90 PERCENT, BUT DOWNSTATE, 87 PERCENT OF ITS FOSSIL

FUEL IT WAS LIKE 75 PERCENT OF THEM THEY DECIDED TO CLOSE DOWN INDIAN

POINT. SO THAT'S A TREMENDOUS, YOU KNOW, FRUSTRATION FOR A LOT OF US IN

UPSTATE NEW YORK WHEN WE SEE OUR -- OUR LANDS BEING CLEARED FOR

MORE WIND AND SOLAR TO PROVIDE THE POWER TO NEW YORK CITY. HOW --

HOW COME THERE'S NOT MORE BEING DONE IN NEW YORK CITY? THIS IS

GOING TO PUT A TREMENDOUS AMOUNT OF STRESS ON THE GRID. IT WAS

MENTIONED THAT JUST FOR EVERY GIGAWATT OF DISPATCHABLE, RELIABLE, 24/7

POWER, LIKE NUCLEAR, LIKE NATURAL GAS, HAS TO BE REPLACED BY THREE

GIGAWATTS OF SOLAR, WHICH TELLS YOU WHY WE'RE GOING TO HAVE LIKE 60

GIGAWATTS OF SOLAR.

ON TOP OF IT, IT'S AN AFFORDABILITY ISSUE. WE TALKED

ABOUT -- THIS BILL MENTIONS ABOUT HOW WE'RE GOING TO SHOW HOW WE'RE

GOING TO REDUCE AND LOWER ENERGY COSTS. I DON'T SEE HOW THIS BILL

NYS ASSEMBLY JUNE 7, 2023

LOWERS ENERGY COSTS. THIS BILL AND ITS PLAN THAT WE'RE MOVING FORWARD

WITH THE CLCPA IS GOING TO INCREASE ENERGY COSTS. I KNOW THIS BILL HAS

ALREADY TALKED ABOUT THE TRANSPARENCY AND THINGS OF THAT NATURE. THE

FACT OF THE MATTER IS NATIONAL GRID RELEASED A REPORT RECENTLY AND SAID

THEIR -- THEIR RATES ARE GOING TO GO UP BY 17 PERCENT TO COMPLY WITH THE

MANDATES THAT ARE REPLACED ON THEM TO MEET THE CLCPA AND THE GREEN

NEW DEAL FOR NEW YORK. ON TOP OF THAT, NYSERDA ISSUED A REPORT

RECENTLY, OR ABOUT TWO MONTHS AGO BEFORE THE BUDGET, THAT SAID IF WE DO

NOT ACT - AND THERE'S WAYS WE CAN CHANGE THIS IF WE ACT, IF WE DO THE

RIGHT THING. IF WE DO NOT ACT TO MAKE THESE CHANGES, GAS PRICES AT THE

PUMP FOR ALL OF OUR CONSTITUENTS, PEOPLE IN YOUR HOMETOWNS, IT'S GOING

TO INCREASE BY $0.63, $0.63. NATURAL GAS PRICES ARE GOING TO INCREASE

BY 80 PERCENT. HOW MANY OF YOUR CONSTITUENTS AND PEOPLE IN YOUR

COMMUNITIES CAN AFFORD THAT? HOW MANY OF YOUR BUSINESSES CAN

AFFORD THAT?

THEN LET'S TALK ABOUT THE RELIABILITY OF THE GRID. THE

NYISO WHICH IS TASKED WITH MAKING SURE THE LIGHTS STAY ON, THE HEAT

STAYS ON, THE POWER STAYS ON IS -- MONITORS THIS. THEY'VE SAID BY 2040

WE NEED 27 TO 45 GIGAWATTS OF DISPATCHABLE EMISSION-FREE RESOURCES TO

MEET OUR GOALS. WHAT IS DISPATCHABLE? DISPATCHABLE MEANS 24/7.

NUCLEAR IS 24/7. NATURAL GAS IS 24/7. HYDRO IS 24/7. WIND AND SOLAR

IS NOT 24/7, THAT'S NOT DISPATCHABLE. SO THAT 27 TO 45 GIGAWATTS, WHERE'S

THE TECHNOLOGY? IT DOES NOT EXIST YET. THERE'S NO TECHNOLOGY OUT THERE

RIGHT NOW IN PLACE THAT CAN MEET THIS GUIDELINE AND THIS REQUIREMENT

THAT WE HAVE. THAT NEEDS TO BE A FOCUS. BUT, YET, THAT'S PROBLEMATIC,

NYS ASSEMBLY JUNE 7, 2023

THAT'S GOING TO CHANGE, THAT'S GOING TO CHALLENGE THE RELIABILITY OF THE

GRID, AND NYISO'S GOING TO BE COMING OUT WITH A REPORT IN THE NEAR

FUTURE TALKING ABOUT THE THINNESS OF THE MARGIN OF THE GRID. THAT'S

PROBLEMATIC. SO THAT'S THE RELIABILITY.

NOW LET'S TALK ABOUT THE MASSIVE BUILD-OUT OF THE GRID.

NOT ONLY DO WE NEED 27 TO 45 GIGAWATTS OF DISPATCHABLE EMISSION-FREE

RESOURCES, IN OUR CURRENT GRID -- OUR CURRENT GENERATION RIGHT NOW IS 41

GIGAWATTS. BASED ON THE NYISO'S ESTIMATION AND THE CLCPA, WE

HAVE TO TRIPLE OUR CAPACITY. WE HAVE TO GO UP TO ABOUT 120 GIGAWATTS

OF GENERATING CAPACITY, AND MOST OF THAT HAS TO BE WIND AND SOLAR

BECAUSE WE'RE GOING TO HAVE TO TRIPLE THAT CAPACITY. THIS IS -- THIS IS A

DANGEROUS PREMISE WHEN WE TALK ABOUT RELIABILITY. THIS IS GOING TO BE

MASSIVELY EXPENSIVE. SO WE CAN -- WE CAN PROVIDE TOOLS AND RESOURCES

TO OUR LOCAL GOVERNMENTS TO SAY HOW THEY SHOULD ACCEPT THIS, IT'S NOT

GOING TO DO ANYTHING TO LOWER THEIR COST. THE FACT OF THE MATTER THEIR

COSTS ARE GOING TO CONTINUE TO RISE, THEY'RE GOING TO CONTINUE TO

SKYROCKET. WE TALK ABOUT UTILITY COSTS. WE TALK ABOUT THE CONVERSION

COSTS. ESTIMATES THAT JUST A CONVERSION AND RETROFIT YOUR HOMES TO

SWITCH OUT THE ELECTRIC GEOTHERMAL HEAT PUMPS AND AIR SOURCE HEAT

PUMPS AND NOT JUST THAT BEING ABLE TO SHOW YOUR PROPERTY AND YOUR

ELECTRIC UPGRADES, COSTS AN AVERAGE HOMEOWNER OVER $35,000 TO

CONVERT THEIR HOMES. MASSIVE COSTS, RELIABILITY PROBLEMS, MASSIVE

BUILD-OUT.

AND LET'S -- LET'S BE SERIOUS ABOUT EMISSIONS WE'RE

TALKING ABOUT. WE SAY WE'RE GOING TO REDUCE EMISSIONS, GREENHOUSE

NYS ASSEMBLY JUNE 7, 2023

GAS EMISSIONS, WE'RE NOT. THE FACT OF THE MATTER IS NEW YORK HAS

ALREADY DONE A GOOD JOB OF LEADING ON THAT FRONT, BUT NEW YORK ONLY

CONTRIBUTES 0.4 PERCENT OF THE TOTAL GLOBAL EMISSIONS, 0.4. CHINA

CONTRIBUTES 29 PERCENT, HAS 1,000 COAL PLANTS AND BUILDING MORE. IN

FACT, THEY ANNOUNCED EARLIER THIS YEAR THEY'RE GOING TO EXPAND THEIR

COAL CAPACITY BY 70 GIGAWATTS OVER THE NEXT YEAR. THEN IF YOU TRY

THROWING INDIA WHICH USES COAL, AND RUSSIA, THOSE THREE COUNTRIES

EQUATE FOR 40 PERCENT OF OUR GLOBAL EMISSIONS, WHILE NEW YORK IS

0.4 PERCENT. WE CAN DO ALL WE WANT HERE, IT'S NOT GOING TO MAKE ONE

DIFFERENCE. ALL YOU'RE GOING TO DO IS HAVE CARBON LEAKAGE, HAVE PLANTS

SHUT DOWN HERE AND THEN THEY'RE GOING TO GO TO OTHER STATES THAT DON'T

HAVE THESE STRINGENT REQUIREMENTS.

AND LET'S NOT FORGET. WE TALK ABOUT CLEAN AND GREEN,

THIS IS NOT AND GREEN POLICY. WE'VE TALKED ABOUT IT BEFORE, I TALKED

ABOUT IT YESTERDAY, I'LL TALK ABOUT IT AGAIN NOW. THERE IS A BIG PROBLEM

WITH THE -- THE PROCESS TO GET SOME OF THESE ELEMENTS THAT WE USE TO

PRODUCE ELECTRIC VEHICLES, BECAUSE, YOU KNOW, WE'RE MOVING DOWN THE

ROAD WHERE ENERGY -- CONSUMERS DON'T HAVE A CHOICE ON HOW THEY HEAT

THEIR HOMES, HOW THEY POWER THEIR BUILDINGS, COOK THEIR FOOD, OR THE

CARS THEY DRIVE. CHILD LABOR IN THE CONGO, DEMOCRATIC REPUBLIC OF THE

CONGO, 70 PERCENT OF THE COBALT IS EXTRACTED IN THE DEMOCRATIC

REPUBLIC OF CONGO THAT IS NEEDED TO PRODUCE LITHIUM ION BATTERIES FOR

THE CARS AND FOR THE ENERGY STORAGE THIS BILL WANTS TO ENCOURAGE PEOPLE

ON. ARE WE GOING TO SHARE WITH THE PUBLIC THAT, YOU KNOW, THESE --

THESE BATTERIES IN YOUR FIELDS ARE GOING TO BE USED IN CHILDREN TO MAKE

NYS ASSEMBLY JUNE 7, 2023

IT? WE DON'T WANT TO TALK ABOUT THAT. AND ALSO, WATER POLLUTION.

STREAMS AND RIVERS. I MEAN YES, WE HAD A BILL IN THIS HOUSE TRYING TO

PROTECT CLASS C STREAMS, BUT IT SEEMS LIKE WE DON'T CARE ABOUT WHAT

HAPPENED -- AT LEAST IN SOME OF THE POLICIES THAT WE'RE ADVANCING, WHAT

HAPPENS IN STREAMS AND WATER, BECAUSE THERE ARE POLLUTION PROBLEMS

WITH THE EXTRACTION OF THESE MATERIALS.

AND I TALKED ABOUT LAND USE, 60 GIGAWATTS OF NEW

SOLAR THAT'S NEEDED, THAT'S 480,000 ACRES. THAT IS A TREMENDOUS AMOUNT

OF LAND USE, AND THAT'S GOING TO BE ALL IN UPSTATE NEW YORK. WE CAN

TALK ABOUT THE PROPERTY TAXES. OUR GENERATORS PAY $1.7 BILLION

ANNUALLY IN PROPERTY TAXES. UTILITIES PAY PROPERTY TAXES ON THE GAS THAT

GOES THROUGH THEIR PIPES. IF THERE'S NO GAS GOING THROUGH THEIR PIPES,

THEY DON'T PAY THE PROPERTY TAXES, BUT THAT GET'S PASSED OFF TO EVERY

OTHER TAXPAYER. AND ON -- AND ON -- ON THE PROPERTY TAX ISSUE, AGAIN, I

WILL REAFFIRM THAT THIS HOUSE PASSED IN THIS YEAR'S BUDGET TO REAFFIRM

WHAT WAS PASSED IN LAST YEAR'S BUDGET, THAT SAYS WE'RE GOING TO CHANGE

THE ASSESSMENT MODEL. SO OUR LOCAL GOVERNMENTS ARE GOING TO HAVE NO

INPUT ON SOLAR, WIND AND ENERGY STORED GOING INTO THEIR COMMUNITIES,

AND YET THEY'RE NOT GOING TO GET THE PROPERTY TAX REVENUE BECAUSE WE

PASSED LEGISLATION TO MAKE IT EASIER THAT FAVORS THE DEVELOPER OVER THE

PROPERTY TAXPAYER. AND THAT'S UNFORTUNATE.

AND THE FINAL POINT THAT I TALK ABOUT IN THIS ISSUE IS

ENERGY SECURITY. EIGHTY PERCENT OF THE SOLAR IS MANUFACTURED AND MADE

IN CHINA, 80 PERCENT OF IT. SO WE'RE SENDING THAT MONEY TO CHINA.

AND THEN THE ELEMENTS, THE -- THE RARE EARTH MATERIALS, LIKE THE LITHIUM,

NYS ASSEMBLY JUNE 7, 2023

THE COBALT, THE NICKEL, CADMIUM. THE COBALT MIGHT BE PROCESSED --

EXTRACTED IN THE CONGO, BUT IT'S PROCESSED IN CHINA. AND HOW DO THEY

PROCESS IT? THEY USE COAL ENERGY. SO WE'RE NOT MAKING AN IMPACT. SO

WE CAN FEEL GOOD ABOUT WHAT WE'RE TRYING TO DO ABOUT SAVING THE EARTH

AND GREENHOUSE GAS EMISSIONS, BUT WHAT WE'RE DOING HERE IS NOT GOING

TO MAKE ONE DIFFERENCE BECAUSE OTHER COUNTRIES LIKE CHINA, INDIA AND

RUSSIA ARE NOT GOING TO HELP US, BUT IN THE MEANTIME WE'RE GOING TO

BANKRUPT OUR FAMILIES, OUR FARMERS, OUR SMALL BUSINESSES, OUR

MANUFACTURERS AND FOR THAT REASON, MR. SPEAKER, ALTHOUGH I APPRECIATE

THE INTENT OF THE SPONSOR AND WHAT SHE'S TRYING TO DO, I'M GOING TO BE

VOTING NO ON THIS POLICY BECAUSE I THINK THIS IS A BAD POLICY FOR THE

STATE OVERALL. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. ARI BROWN.

MR. A. BROWN: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. BARRETT, WILL YOU

YIELD?

MS. BARRETT: YES.

ACTING SPEAKER AUBRY: MS. BARRETT YIELDS.

MR. A. BROWN: THANK YOU, MADAM SPONSOR. I'M

CERTAINLY INTERESTED IN THIS BILL. I SERVED MY VILLAGE FOR A QUARTER OF A

CENTURY ALREADY AND STILL DO, AND I ALWAYS OPPOSE ANY TYPE OF

LEGISLATION OR ANY TYPE OF PROGRAM THAT COMES INTO A SMALL COMMUNITY

AND TRIES TO IMPOSE THEIR WILL. SO WITH THIS PIECE OF LEGISLATION THAT HAS

NYS ASSEMBLY JUNE 7, 2023

AN OUTREACH TO YOUR LOCAL COMMUNITY IS VERY IMPORTANT TO ME, AND I --

AND I THANK YOU FOR THAT. WOULD YOU AGREE, AND WOULD YOU OPPOSE ANY

PIECE OF LEGISLATION AND ENCOURAGE YOUR COMMITTEE TO OPPOSE ANY

LEGISLATION THAT SPECIFICALLY TARGETS A SPECIFIC COMMUNITY, AND I'LL

PREFACE THAT BY SIMPLY SAYING, I UNDERSTAND SOMETIMES WE PASS A BILL

THAT AFFECTS THE STATE, AND IT'S GOOD FOR SOME AND NOT GOOD FOR THE

OTHERS. BUT IF THERE WERE A BILL, WAS A BILL, THAT SPECIFICALLY TARGETS AN

INDIVIDUAL SMALL COMMUNITY, A COMMUNITY THAT -- THAT SAYS THEY DON'T

WANT A PARTICULAR PROJECT, WOULD YOU, WHO CREATED THIS BEAUTIFUL PIECE

OF LEGISLATION, OPPOSE SUCH A BILL BECAUSE, AFTER ALL, THAT'S WHAT THIS BILL

SAYS.

MS. BARRETT: I DON'T THINK THAT'S RELEVANT TO THE

BILL.

MR. A. BROWN: OKAY. IS THIS NOT, AM I NOT

UNDERSTANDING THIS BILL, MS. SPONSOR? DOES THIS BILL NOT INCLUDE --

MS. BARRETT: IT DOES, IT DOES, BUT YOU'RE ASKING

ME ABOUT A SPECIFIC -- A GENERAL QUESTION THAT HAS OTHER RAMIFICATIONS,

AND I BELIEVE I KNOW EXACTLY WHAT YOU'RE ASKING ME ABOUT, AND I DON'T

THINK THAT'S RELEVANT TO THIS BILL.

MR. A. BROWN: I APPRECIATE YOUR ANSWER. SO I'M

JUST TRYING TO UNDERSTAND THE BILL A LITTLE BIT BETTER.

MS. BARRETT: OKAY. HAPPY TO HELP YOU DO THAT.

MR. A. BROWN: THANK YOU. WE WANT TO HAVE

SOME OUTREACH TO A -- TO A LOCAL COMMUNITY BECAUSE WE WANT THEIR

INVOLVEMENT.

NYS ASSEMBLY JUNE 7, 2023

MS. BARRETT: MM-HMM.

MR. A. BROWN: WE WANT TO KNOW IF THEY LIKE A

PARTICULAR ASPECT OF A PROGRAM, WHETHER IT'S CLEAN ENERGY OR ANYTHING

FOR THAT MATTER. IF WE KNOW THE PEOPLE THAT ARE VOTING ON A SPECIFIC

THING, THAT THIS SPECIFIC COMMUNITY DOES NOT WANT A PARTICULAR PROJECT,

ADAMANT ABOUT IT, WOULD NOT THIS BILL ADD SOME MEASURE OF PROTECTION

TO THEM -- FOR THEM?

MS. BARRETT: THE BILL WILL NOT ADD PROTECTION. IT

WILL GIVE THEM THE TOOLS TO SHOW WHERE, PERHAPS, THEY WOULD RATHER SEE

SOMETHING LOCATED, OR TO EXPRESS -- IT'S A MAPPING TOOL, AND HOW THEY

WOULD EXPRESS WHAT THEY WOULD LIKE TO SEE, YOU KNOW, OR NOT SEE. I

MEAN, THAT'S -- DEFINITELY GIVES THEM THE CAPACITY TO DO THAT. IT DOESN'T

GIVE THEM SOME MAGIC POWER TO BE ABLE TO STOP SOMETHING.

MR. A. BROWN: AND I THANK YOU FOR THAT. WOULD

THIS NEW KNOWLEDGE AND NEW ABILITY TO DO A CERTAIN OUTREACH BY THE

COMMUNITY, GIVE THEM -- GIVE THEM ANY MORE SAY IN THE OUTCOME OF A

PROPOSED BILL THAT MAY COME TO THEIR FOOTSTEPS? IS IT JUST A TOOL TO

MAKE THEMSELVES FEEL GOOD, OR WOULD THERE BE ANY RESULT IN THEIR NEW

SENSE OF EMPOWERMENT WITH THIS NEW PIECE OF KNOWLEDGE AND

LEGISLATION?

MS. BARRETT: IF YOU, FOR EXAMPLE, WERE A

MUNICIPALITY THAT SAY, HAD SOME WIND INFRASTRUCTURE THAT WAS COMING

TO YOUR COMMUNITY, JUST FOR EXAMPLE, AND YOU SAID, THIS IS NOT WHERE

WE WANT TO SEE THIS, YOU COULD SAY, THIS IS WHERE WE DO WANT TO SEE IT

BECAUSE YOU HAVE A MAPPING TOOL THAT WILL SHOW FUTURE DEVELOPERS

NYS ASSEMBLY JUNE 7, 2023

WHERE THEY COULD PUT SOMETHING. AND THAT'S EXACTLY WHAT THIS DOES.

MR. A. BROWN: AND -- AND I THANK YOU, MADAM

SPONSOR, FOR THAT, AND I WILL COUNT ON YOU TO EXPRESS THAT SHOULD SUCH A

SCENARIO COME UP IN THE VERY NEAR FUTURE, AND I THANK YOU FOR THIS

PIECE OF LEGISLATION.

MS. BARRETT: SURE.

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. ON ONE HAND, THIS

BILL IS VERY HELPFUL BECAUSE ITS INTENT IS TO HELP COMMUNITIES WITH

INFORMATION ON HOW TO MOVE FORWARD ON GREEN ENERGY, OUTREACH AND

DEVELOPMENT. AND ITS INTENT IS CLEAR, THOUGH, IN ONE SIDE OF THAT

EQUATION. SO, FOR EXAMPLE, IT TALKS ABOUT HELPING COMMUNITIES BUILD A

CONSENSUS ON THE BENEFITS OF LOCATING GREEN ENERGY IN THEIR COMMUNITY

OR TO PROMOTE APPROPRIATE AND SUCCESSFUL SITES, OR THAT SUPPORT THE

DEVELOPMENT. AND AS NOTED BY MY COLLEAGUE, THERE'S NOTHING IN HERE

THAT EVEN PURPORTS TO PROVIDE COMMUNITIES WITH THE REST OF THE STORY ON

WHAT THE NEGATIVE IMPLICATIONS MIGHT BE, WHETHER IT'S THE LOSS OF

AGRICULTURAL PROPERTY, (INAUDIBLE), NEED FOR SCREENING, RECYCLING

OBLIGATIONS, ALL THOSE OTHER ASPECTS. AND I THINK WE, AS THE STATE,

SHOULD CERTAINLY SUPPORT HELPING COMMUNITIES WITH INFORMATION. I

NYS ASSEMBLY JUNE 7, 2023

THINK WE'D BE EVEN MORE HELPFUL IF WE SPOKE ABOUT BOTH THE PROS AND

THE CONS AND HELPED COMMUNITIES MAKE A BALANCED DECISION. I WILL BE

SUPPORTING THIS LEGISLATION, BUT I HOPE IN THE FUTURE THAT WE HELP

COMMUNITIES BY PRESENTING BOTH SIDES OF THE STORY SO THAT THEY HAVE ALL

THE RELEVANT INFORMATION TO MAKE A THOUGHTFUL DECISION. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. SO, THE -- THE INTENT IS GOOD, AND WE ALL WANT A GREENER,

CLEANER EARTH. WE ALL WANT OUR CHILDREN TO BE AROUND 100 YEARS FROM

NOW AND BE ABLE TO HAVE CLEAN WATER AND A CLEAN, HEALTHY ENVIRONMENT.

BUT I DON'T KNOW IF OVERSATURATION IS GOING TO BE LOOKED AT IN THIS. I

COME FROM A COMMUNITY WHERE WE HAVE THOUSANDS OF ACRES IN SOLAR

ARRAYS. AND WE ARE SERVING OTHER COMMUNITIES, AND THE BENEFITS TO THE

COMMUNITY TO WHERE THESE SOLAR PANELS ARE ARE NOT GETTING ANY

REDUCTION IN THEIR UTILITY RATES. AS A MATTER OF FACT, THEIR UTILITY RATES

ARE GOING UP. SO NYSERDA IS GOING TO BE VERY BUSY WITH THE BILL

THAT WE ADOPTED YESTERDAY ASKING FOR HOW MUCH MONEY IS BEING SPENT

IN THESE CLIMATE POLICIES. AND I'M JUST HOPING THAT WHEN THESE AREAS

ARE MAPPED OUT, IT'S ALSO MAPPED OUT WHAT IS ALREADY IN SOLAR

PRODUCTION AND THAT THERE IS A SATURATION RATE THAT IS CONSIDERED BY

NYSERDA WHEN A COMMUNITY IS BEARING ALL OF THE COSTS AND

EVERYTHING ELSE ASSOCIATED WITH HAVING SOLAR AND HAVING WIND IN THEIR

NYS ASSEMBLY JUNE 7, 2023

COMMUNITIES THAT IS SERVING OTHER COMMUNITIES AND NOT BENEFITING THE

RESIDENTS DIRECTLY WITHIN THAT COMMUNITY.

THANK YOU, MR. SPEAKER. I'LL BE VOTING IN THE

AFFIRMATIVE BUT I'M HOPING THAT THAT WILL BE TAKEN INTO CONSIDERATION.

THANK YOU.

ACTING SPEAKER AUBRY: MS. GIGLIO IN THE

AFFIRMATIVE.

MS. SHIMSKY TO EXPLAIN HER VOTE.

MS. SHIMSKY: THANK YOU, MR. SPEAKER. LOVELY

WEATHER WE'RE HAVING TODAY. THAT'S WHY I'M VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SHIMSKY IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 28, CALENDAR NO. 127, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01080-A, 1 -- 1 --

CALENDAR NO. 127, WOERNER, STIRPE, LUPARDO, CRUZ, ZINERMAN, JONES,

BRABENEC, ANGELINO, BYRNES, MILLER, SAYEGH, TAGUE, MANKTELOW, J.M.

GIGLIO, LEMONDES, COOK, GOODELL, RAGA. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO THE APPOINTMENT FOR AGRICULTURAL

REPRESENTATION ON THE STATE FIRE PREVENTION AND BUILDING CODE

COUNCIL.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. MEMBERS HAVE ON THEIR DESKS AN A-CALENDAR. I WOULD LIKE

TO MOVE TO ADVANCE THAT A-CALENDAR.

ACTING SPEAKER AUBRY: CERTAINLY. ON MRS.

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

WE WILL START ON CONSENT, PAGE 3, RULES REPORT NO.

613, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00345-C, RULES

REPORT NO. 613 IS HIGH.

ASSEMBLY NO. A00888-B, RULES REPORT NO. 614,

JACOBSON, SHRESTHA, SANTABARBARA, EACHUS, SHIMSKY. AN ACT TO AMEND

THE PUBLIC SERVICE LAW, IN RELATION TO PERMITTING THE RENDERING OF AN

ESTIMATED BILL FROM A UTILITY CORPORATION OR MUNICIPALITY UNDER CERTAIN

CIRCUMSTANCES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

ON A MOTION BY MR. JACOBSON, THE SENATE BILL IS BEFORE THE HOUSE.

THE SENATE BILL IS ADVANCED, THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01120, RULES REPORT

NYS ASSEMBLY JUNE 7, 2023

NO. 615, JOYNER, WILLIAMS, ARDILA, REYES, SAYEGH, TAYLOR, GIBBS,

WALKER, SIMONE, FAHY, BRONSON, LUCAS. AN ACT TO AMEND THE LABOR

LAW, IN RELATION TO DEVELOPING AND IMPLEMENTING PROGRAMS TO PREVENT

WORKPLACE VIOLENCE IN PUBLIC SCHOOLS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. SO, THIS BILL

DIRECTS PUBLIC SCHOOLS TO DEVELOP AND IMPLEMENT PROGRAMS TO PREVENT

WORKPLACE VIOLENCE, AND I THINK WE ALL SUPPORT THAT. AND I KNOW THAT

OUR CONFERENCE WITHIN THE LAST YEAR DID A SCHOOL SAFETY TASK FORCE

THAT WENT ALL OVER THE STATE TO GET RECOMMENDATIONS ON HOW WE CAN

MAKE SCHOOLS SAFER, SO IT'S SOMETHING I KNOW THAT WE ALL AGREE WITH.

MY ISSUE WITH THIS BILL IS REALLY THAT THE REQUIREMENT HERE, THE NEW

REQUIREMENT, WOULD SUBJECT PUBLIC SCHOOLS TO TWO OVERLAPPING

VIOLENCE PREVENTION SCHEMES, CREATE DUPLICATIVE WORK AND BE AN

UNFUNDED MANDATE ON THE SCHOOLS. THE CURRENT LEGISLATION HASN'T BEEN

AMENDED TO ADDRESS ANY OF THOSE CONCERNS, AND THIS IS OPPOSED BY THE

NEW YORK STATE SCHOOL BOARDS ASSOCIATION, BOCES OF NEW YORK

STATE, THE COUNCIL OF SCHOOL SUPERINTENDENTS.

SO WHILE I REALLY DO AGREE WITH THE CONCEPT AND I -- I

NYS ASSEMBLY JUNE 7, 2023

ABSOLUTELY DO AGREE THAT WE NEED PLANS TO TRY TO CREATE PLANS TO PREVENT

WORKPLACE VIOLENCE, I -- I WILL NOT BE ABLE TO SUPPORT THIS BILL. THANK

YOU VERY MUCH.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01347, RULES REPORT

NO. 616, BUTTENSCHON, JACKSON. AN ACT TO AMEND THE LEGISLATIVE LAW,

IN RELATION TO ESTABLISHING A VETERANS INTERNSHIP PROGRAM (V.I.P. NY).

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

BUTTENSCHON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. BUTTENSCHON TO EXPLAIN HER VOTE.

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

JUST APPRECIATE THE OPPORTUNITY TO TALK ABOUT A INTERNSHIP PROGRAM THAT

WE DO HAVE WITH THE ASSEMBLY, AND THIS WOULD JUST FURTHER EXPAND IT TO

OUR VETERANS. I KNOW THAT THE PROGRAM WE HAVE IS OUTSTANDING AND THIS

IS JUST ONE OPPORTUNITY TO INCLUDE VETERANS.

SO, THANK YOU.

NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: MS. BUTTENSCHON IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01567, RULES REPORT

NO. 617, MCDONALD, THIELE, LAVINE, MCDONOUGH, ANGELINO, KELLES,

RAGA, JONES, STIRPE, LEVENBERG, J. A. GIGLIO, LUNSFORD, OTIS. AN ACT TO

AMEND THE GENERAL MUNICIPAL LAW AND THE EDUCATION LAW, IN RELATION

TO PAYMENTS IN LIEU OF TAXES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02034-A, RULES

REPORT NO. 618, JOYNER, ALVAREZ, DICKENS, SEAWRIGHT, FORREST. AN ACT

TO AMEND THE WORKERS' COMPENSATION LAW, IN RELATION TO SCHEDULE IN

CASE OF DISABILITY.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03715-A, RULES

NYS ASSEMBLY JUNE 7, 2023

REPORT NO. 619, PAULIN, OTIS, FAHY, JACOBSON. AN ACT TO AMEND THE

NOT-FOR-PROFIT CORPORATION LAW AND THE PUBLIC AUTHORITIES LAW, IN

RELATION TO THE APPLICABILITY OF OPEN MEETINGS AND FREEDOM OF

INFORMATION LAWS TO CERTAIN NOT-FOR-PROFIT CORPORATIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03748-A, RULES

REPORT NO. 620, PHEFFER AMATO, BRONSON, GUNTHER, COLTON, BRABENEC.

AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO HEARING

PROCEDURES FOR CERTAIN PUBLIC EMPLOYEES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03798, RULES REPORT

NO. 621, L. ROSENTHAL, WEPRIN. AN ACT TO AMEND THE PUBLIC HEALTH

LAW AND THE EDUCATION LAW, IN RELATION TO AUTHORIZING EMERGENCY

MEDICAL SERVICE PERSONNEL TO PROVIDE BASIC FIRST AID TO CATS AND DOGS

UNDER CERTAIN CIRCUMSTANCES.

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.)

NYS ASSEMBLY JUNE 7, 2023

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04039, RULES REPORT

NO. 622, ANGELINO. AN ACT TO AMEND THE VILLAGE LAW, IN RELATION TO

EXEMPTING FIRE DEPARTMENT OFFICERS OF THE VILLAGE OF HANCOCK FIRE

DEPARTMENT FROM A NEW YORK STATE RESIDENCY REQUIREMENT.

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. A04089, RULES REPORT

NO. 623, MAHER, EACHUS, E. BROWN, JACOBSON, DESTEFANO, LEMONDES,

BRABENEC, MCDONOUGH, ANGELINO. AN ACT TO AMEND THE HIGHWAY

LAW, IN RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM

AS THE "STEVE NICOLI MEMORIAL HIGHWAY."

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.)

NYS ASSEMBLY JUNE 7, 2023

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04201-B, RULES

REPORT NO. 624, STERN, SIMPSON, EACHUS, RAGA, RAJKUMAR,

SANTABARBARA, NOVAKHOV, CHANG. AN ACT TO AMEND THE VETERANS'

SERVICES LAW, IN RELATION TO VETERANS HEALTH CARE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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.

THE CLERK: ASSEMBLY NO. A04243, RULES REPORT

NO. 4 -- 625, CARROLL, SIMONE, L. ROSENTHAL, ARDILA, SHIMSKY, KELLES,

SIMON, COLTON, STECK, SEAWRIGHT, LEVENBERG, JACOBSON, GUNTHER, OTIS,

REYES, EPSTEIN, THIELE, GLICK, DURSO, GANDOLFO, NOVAKHOV. AN ACT TO

AMEND THE "NEW YORK WILDLIFE CROSSING ACT"; TO DIRECT THE

DEPARTMENT OF TRANSPORTATION TO IDENTIFY SITES ALONG ALL HIGHWAYS,

THRUWAYS AND PARKWAYS IN THE STATE WHERE WILDLIFE CROSSINGS ARE MOST

NEEDED TO INCREASE PUBLIC SAFETY AND IMPROVE HABITAT CONNECTIVITY; AND

TO CREATE A PRIORITY LIST OF WILDLIFE CROSSING OPPORTUNITY AREAS WHERE

FEDERAL GRANT MONIES MAY BE AVAILABLE TO IMPLEMENT THE TOP FIVE

PROJECTS IDENTIFIED.

NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

CARROLL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A04755-B, RULES

REPORT NO. 626, LUPARDO. AN ACT TO AMEND THE VEHICLE AND TRAFFIC

LAW, IN RELATION TO PAYING DRUG-IMPAIRED DRIVING SURCHARGES TO

COUNTIES TO REDUCE DRUG-IMPAIRED DRIVING INCIDENCES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

LUPARDO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

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

2024.

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. A05261-A, RULES

REPORT NO. 627, BEEPHAN. AN ACT TO AMEND THE HIGHWAY LAW, IN

RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE

"SERGEANT ELIJAH A. BRIGGS MEMORIAL HIGHWAY."

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY JUNE 7, 2023

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS FOR THE

PURPOSES OF AN INTRODUCTION. I LITERALLY WAS JUST WALKING BY THIS

AMAZING GROUP OF YOUNG PEOPLE WHO LOOKED SO PROFESSIONAL, AND I

KNEW THEY HAD TO BE HIGH SCHOOL STUDENTS BUT I HAD NO IDEA THAT THEY

HAVE JUST COMPLETED A ROBOTICS COMPETITION AND THEY CAME IN SECOND

PLACE. SO ON BEHALF OF MR. THIELE AND ALL OF US IN THE ASSEMBLY, WE

WOULD LIKE TO WELCOME THESE YOUNG PEOPLE FROM SOUTHOLD HIGH

SCHOOL ROBOTICS TEAM. THEY WENT TO THEIR FIRST WORLDWIDE ROBOTICS

COMPETITION AND THEY FINISHED SECOND, AND THEY'RE FROM NEW YORK IN

MR. THIELE'S DISTRICT.

SO IF YOU COULD PLEASE WELCOME THESE PROFESSIONALS TO

OUR CHAMBERS, OFFER THEM THE CORDIALITIES OF THE FLOOR AND REMIND THEM

HOW MUCH WE LOOK FORWARD TO THEM IN THE FUTURE BECAUSE WE KNOW

OUR FUTURE LOOKS BRIGHTER BECAUSE OF THEM.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

MRS. PEOPLES-STOKES, MR. THIELE, THE SPEAKER AND ALL THE MEMBERS, WE

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

THE PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON YOUR SUCCESSFUL

NYS ASSEMBLY JUNE 7, 2023

COMPETITION AND ACHIEVEMENTS, AND WE HOPE THAT THAT ACHIEVEMENT

WILL LEAD US TO A BETTER AND BRIGHTER FUTURE, AND WE HAVE A LOT OF FAITH IN

YOU THAT THAT WILL COME TRUE. THANK YOU SO MUCH AND CONTINUE YOUR

GREAT WORK.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05266, RULES REPORT

NO. 628, LEVENBERG, SLATER. AN ACT TO AMEND THE EDUCATION LAW, IN

RELATION TO SETTING THE NUMBER OF PETITIONERS NECESSARY TO CALL FOR A VOTE

ON INCREASING THE AMOUNT OF FUNDING OF THE ANNUAL CONTRIBUTION FOR THE

OPERATING BUDGET OF A REGISTERED PUBLIC OR FREE ASSOCIATION LIBRARY.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

LEVENBERG, 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.)

MR. SLATER TO EXPLAIN HIS VOTE.

MR. SLATER: THANK YOU, MR. SPEAKER. I JUST

WANTED TO RISE, AND I WAS HOPING TO RISE AFTER MY COLLEAGUE

ASSEMBLYWOMAN LEVENBERG TO THANK HER FOR HER LEADERSHIP ON THIS

IMPORTANT ISSUE. I'VE HEARD FROM MANY OF MY LOCAL LIBRARIES ABOUT THE

STRUGGLES THEY HAVE WITH THE PETITIONING PROCESS AND, FRANKLY, TO HOLD

THEM TO A HIGHER STANDARD TO OUR OWN MEMBERS I THINK POSES SEVERAL

NYS ASSEMBLY JUNE 7, 2023

SIGNIFICANT ISSUES AND HOPEFULLY THIS PIECE OF LEGISLATION WILL RECTIFY

THAT. AND I AGAIN WANT TO THANK MY COLLEAGUE AND MY COLLEAGUE FROM

WESTCHESTER AND PUTNAM COUNTY, DANA LEVENBERG, FOR HER LEADERSHIP

ON THIS AND I'LL BE VOTING IN THE AFFIRMATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. SLATER IN THE

AFFIRMATIVE.

MS. LEVENBERG TO EXPLAIN HER VOTE.

MS. LEVENBERG: THANK YOU, MR. SPEAKER. AND

THANK YOU TO MY COLLEAGUE FROM ACROSS THE COUNTY OR NEXT DOOR IN THE

COUNTY. SO YEAH, THIS BILL IS REALLY A COMMONSENSE BILL. MANY OF THE

LIBRARIES THROUGHOUT OUR STATE ARE EITHER SCHOOL DISTRICT LIBRARIES OR

MUNICIPAL LIBRARIES AND DO NOT REQUIRE ANY MINIMUMS TO GET THEIR

BUDGETS ON THE BALLOT. SO THIS LEGISLATION, AGAIN, IS JUST COMMON SENSE,

MAKING IT EASIER FOR OUR COMMUNITIES TO SUPPORT OUR LIBRARIES AS WE

LIKE TO DO WITH OUR STATE FUNDS, BUT ALSO LOCAL FUNDS. SO AGAIN, I'M

GRATEFUL FOR THE SUPPORT FOR THIS BILL. IT IS ONE OF THE TOP PRIORITIES OF

THE NEW YORK LIBRARY ASSOCIATION THIS YEAR AND I'M HAPPY TO BE ABLE

TO DELIVER THIS GOOD NEWS AS THIS HAS ALSO ALREADY PASSED IN THE SENATE.

SO I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. LEVENBERG IN THE

AFFIRMATIVE.

MS. BUTTENSCHON: ARE THERE ANY OTHER VOTES?

ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY JUNE 7, 2023

THE CLERK: ASSEMBLY NO. A05608, RULES REPORT

NO. 629, REYES, DINOWITZ, COLTON, CARROLL, CRUZ, DICKENS, EPSTEIN,

DURSO, GALLAGHER, GUNTHER, BURDICK, BRONSON, MCMAHON, LAVINE,

JOYNER, WALLACE, SEAWRIGHT, SIMON, DESTEFANO, OTIS, L. ROSENTHAL,

SILLITTI, STECK, STERN, BRABENEC, JACOBSON, JEAN-PIERRE, THIELE, FORREST,

GANDOLFO, BRAUNSTEIN, MAMDANI, MAGNARELLI, SEPTIMO, JACKSON,

RIVERA, ZINERMAN, DARLING, KELLES, MIKULIN, BENDETT, SLATER,

GONZÁLEZ-ROJAS, SHIMSKY, SANTABARBARA, CONRAD, TAPIA, AUBRY,

SOLAGES, RAGA. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

ENACTING THE "ROADWAY EXCAVATION QUALITY ASSURANCE ACT."

ACTING SPEAKER BUTTENSCHON: LAY ASIDE.

ON A MOTION BY -- THE SENATE BILL -- MS. REYES, THE SENATE BILL IS

BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED AND THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A05695, RULES REPORT

NO. 630, TANNOUSIS. AN ACT TO AMEND CHAPTER 759 OF THE LAWS OF

1973 RELATING TO THE TRANSFER OF LANDS TO THE UNITED STATES FOR THE

ESTABLISHMENT OF THE GATEWAY NATIONAL RECREATION AREA, IN RELATION TO

THE TIME PERIOD IN WHICH LANDS MAY BE CONVEYED.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MR. TANNOUSIS, 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 BUTTENSCHON: THE CLERK

WILL RECORD THE VOTE.

NYS ASSEMBLY JUNE 7, 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. A05764-A, RULES

REPORT NO. 631, SLATER. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

EXTENDING THE 1 PERCENT INCREASED COUNTY SALES TAX FOR PUTNAM COUNTY.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MR. SLATER, 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 BUTTENSCHON: 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. A05815-A, RULES

REPORT NO. 632, EPSTEIN, COLTON, REYES, TAYLOR, SHIMSKY, BURDICK,

WOERNER, SANTABARBARA. AN ACT TO AMEND THE STATE FINANCE LAW, IN

RELATION TO PARTICIPATION BY INDIVIDUALS WITH DISABILITIES WITH RESPECT TO

STATE EMPLOYMENT AND STATE CONTRACTS.

ACTING SPEAKER BUTTENSCHON: READ THE

LAST SECTION.

NYS ASSEMBLY JUNE 7, 2023

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

ACTING SPEAKER BUTTENSCHON: THE CLERK

WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. THIS IS AN IMPORTANT PIECE OF INFORMATION WE NEED TO

HAVE. UNFORTUNATELY, IN THE STATE OF NEW YORK ALMOST 70 PERCENT OF

PEOPLE WITH DISABILITIES ARE UNEMPLOYED. WE NEED TO FIGURE OUT WHY

THAT'S HAPPENING. IN OUR STATE CONTRACTS, OUR STATE PROCUREMENT WE

HAVE AN OPPORTUNITY TO COLLECT DATA TO FIGURE OUT IF WE'RE DOING A GOOD

JOB HIRING PEOPLE WITH DISABILITIES AND IF WE ARE, FIGURING OUT WHERE

OUR BEST METHODS ARE. THIS REPORT WILL HELP US GET THAT INFORMATION, BE

ABLE TO DO GOOD POLICY TO ENSURE MORE PEOPLE WITH DISABILITIES GET

HIRED THROUGHOUT THE STATE.

I ENCOURAGE MY COLLEAGUES TO SUPPORT THE BILL, AND IT'S

AN IMPORTANT PIECE OF LEGISLATION FOR OUR DISABILITY COMMUNITY. THANK

YOU.

ACTING SPEAKER BUTTENSCHON: MR. EPSTEIN

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05831-A, RULES

REPORT NO. 633, TAGUE. AN ACT TO AMEND CHAPTER 218 OF THE LAWS OF

NYS ASSEMBLY JUNE 7, 2023

2009 AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF

GREENE TO IMPOSE AN ADDITIONAL MORTGAGE RECORDING TAX, IN RELATION TO

EXTENDING THE EFFECTIVENESS THEREOF.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MR. TAGUE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED. HOME RULE MESSAGE IS AT THE DESK. THE CLERK WILL --

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BUTTENSCHON: 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. A05849-A, RULES

REPORT NO. 634, GALLAHAN. AN ACT TO AMEND THE TAX LAW, IN RELATION

TO AUTHORIZING THE COUNTY OF CHENANGO TO IMPOSE AN ADDITIONAL

MORTGAGE RECORDING TAX; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER BUTTENSCHON: HOME RULE

MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER BUTTENSCHON: THE CLERK

WILL RECORD THE VOTE.

NYS ASSEMBLY JUNE 7, 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. A05994-B, RULES

REPORT NO. 635, DARLING. AN ACT TO AMEND THE GENERAL BUSINESS LAW,

IN RELATION TO RESEARCH RELATING TO ELECTRONIC CIGARETTES; AND TO AMEND

THE PUBLIC HEALTH LAW, IN RELATION TO RESTRICTING CERTAIN ADVERTISEMENT

AND PROMOTION OF ELECTRONIC CIGARETTES.

ACTING SPEAKER BUTTENSCHON: READ THE

LAST SECTION.

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

ACTING SPEAKER BUTTENSCHON: 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. A06021-A, RULES

REPORT NO. 636, PAULIN, GUNTHER. AN ACT TO AMEND THE SOCIAL SERVICES

LAW AND THE PUBLIC HEALTH LAW, IN RELATION TO ESTABLISHING A QUALITY

INCENTIVE PROGRAM FOR MANAGED CARE PROVIDERS.

ACTING SPEAKER BUTTENSCHON: READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER BUTTENSCHON: 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. A06087, RULES REPORT

NO. 637, J. M. GIGLIO. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

EXTENDING THE EXPIRATION OF THE PROVISIONS AUTHORIZING THE COUNTY OF

CATTARAUGUS TO IMPOSE AN ADDITIONAL 1 PERCENT SALES AND COMPENSATING

USE TAXES.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY 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 BUTTENSCHON: 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. A06202-A, RULES

REPORT NO. 638, MAHER, BRABENEC, MCDONOUGH. AN ACT TO AMEND THE

TAX LAW, IN RELATION TO AUTHORIZING THE VILLAGE OF GOSHEN TO IMPOSE A

NYS ASSEMBLY JUNE 7, 2023

HOTEL AND MOTEL TAX; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS

UPON EXPIRATION THEREOF.

ACTING SPEAKER BUTTENSCHON: HOME RULE

MESSAGE IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BUTTENSCHON: 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. A06222-A, RULES

REPORT NO. 639, ANDERSON. AN ACT TO AMEND THE BANKING LAW, IN

RELATION TO CREATING A BANKING DEVELOPMENT DISTRICT WORKING GROUP; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER BUTTENSCHON: READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BUTTENSCHON: 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. A06253, RULES REPORT

NYS ASSEMBLY JUNE 7, 2023

NO. 640, BARRETT, SEAWRIGHT, CONRAD, MCDONALD, STERN, MAGNARELLI,

ZEBROWSKI, SMULLEN, SANTABARBARA. AN ACT TO AMEND THE PUBLIC

SERVICE LAW AND THE ENERGY LAW, IN RELATION TO ESTABLISHING THE NEW

YORK STATE GRID MODERNIZATION COMMISSION.

ACTING SPEAKER BUTTENSCHON: THE BILL IS

LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06307-A, RULES

REPORT NO. 641, TAGUE. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

EXTENDING THE AUTHORIZATION OF THE COUNTY OF DELAWARE TO IMPOSE AN

ADDITIONAL 1 PERCENT OF SALES AND COMPENSATING USE TAXES.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MR. 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 BUTTENSCHON: 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. A06384-A, RULES

REPORT NO. 642, GANDOLFO. AN ACT TO AMEND CHAPTER 493 OF THE LAWS

OF 1987 CREATING THE OCEAN BEACH VOLUNTEER AND EXEMPT FIREFIGHTERS'

BENEVOLENT ASSOCIATION, INCORPORATED, AND PROVIDING FOR ITS POWERS

NYS ASSEMBLY JUNE 7, 2023

AND DUTIES, IN RELATION TO ITS PURPOSE AND THE USE OF FOREIGN FIRE

INSURANCE PREMIUM TAXES.

ACTING SPEAKER BUTTENSCHON: READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BUTTENSCHON: 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. A06488, RULES REPORT

NO. 643, WEPRIN, WALKER, EPSTEIN, REYES, CRUZ, AUBRY, HUNTER,

TAYLOR, BURDICK, BURGOS, GONZÁLEZ-ROJAS, JACKSON, BARRETT, GIBBS,

DAVILA, KELLES, SIMONE, ARDILA, SEPTIMO, TAPIA, BURKE, CUNNINGHAM,

CLARK, MEEKS, SHIMSKY, HEVESI, DINOWITZ, MAMDANI, JEAN-PIERRE,

SIMON, ZACCARO, ANDERSON, BICHOTTE HERMELYN, LEVENBERG, BORES.

AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO THE ESTABLISHMENT

OF A VISITING PROGRAM FOR INCARCERATED PEOPLE.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY THE SENATE BILL -- EXCUSE ME, ON A MOTION BY MR. WEPRIN,

THE SENATE BILL IS BEFORE THE HOUSE, THE SENATE BILL IS ADVANCED. THE

BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06554-A, RULES

REPORT NO. 644, E. BROWN. AN ACT TO AMEND CHAPTER 676 OF THE LAWS

NYS ASSEMBLY JUNE 7, 2023

OF 1978, AMENDING THE TOWN LAW RELATING TO PAYMENT IN LIEU OF TAXES

FOR CERTAIN PROPERTY IN THE TOWN OF HEMPSTEAD, IN RELATION TO

EXTENDING THE EXPIRATION THEREOF.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MR. BROWN, 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 BUTTENSCHON: 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. A06580, RULES REPORT

NO. 645, MILLER, SMULLEN. AN ACT TO AMEND CHAPTER 549 OF THE LAWS

OF 2005 AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF

HERKIMER TO IMPOSE A COUNTY RECORDING TAX ON OBLIGATION SECURED BY A

MORTGAGE ON REAL PROPERTY, IN RELATION TO EXTENDING THE EFFECTIVENESS

THEREOF.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MR. MILLER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED. HOME RULE MESSAGE AT THE DESK. READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BUTTENSCHON: THE CLERK

NYS ASSEMBLY JUNE 7, 2023

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. A06582, RULES REPORT

NO. 646, MILLER, SMULLEN. AN ACT TO AMEND THE TAX LAW, IN RELATION

TO EXTENDING THE PERIOD DURING WHICH THE COUNTY OF HERKIMER IS

AUTHORIZED TO IMPOSE ADDITIONAL SALES AND COMPENSATING USE TAXES.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MR. MILLER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED. HOME RULE MESSAGE AT THE DESK. READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BUTTENSCHON: 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. A06629, RULES REPORT

NO. 647, PEOPLES-STOKES. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

THE IMPOSITION OF ADDITIONAL RATES OF SALES AND COMPENSATING USE TAXES

BY ERIE COUNTY.

ACTING SPEAKER BUTTENSCHON: ON A

NYS ASSEMBLY JUNE 7, 2023

MOTION BY MRS. PEOPLES-STOKES, THE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED. HOME RULE MESSAGE AT THE DESK. READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BUTTENSCHON: 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. A06630, REPORT NO.

648, BEEPHAN. AN ACT TO AMEND THE TAX LAW, IN RELATION TO SALES AND

COMPENSATING USE TAX IN DUTCHESS COUNTY.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MR. BEEPHAN, 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 BUTTENSCHON: 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. A06683-B, RULES

NYS ASSEMBLY JUNE 7, 2023

REPORT NO. 649 IS HIGH.

ASSEMBLY NO. A06694, RULES REPORT NO. 650,

SMULLEN. AN ACT TO AMEND THE TAX LAW, IN RELATION TO EXTENDING

AUTHORIZATION FOR THE COUNTY OF FULTON TO IMPOSE AN ADDITIONAL 1

PERCENT OF SALES AND COMPENSATING USE TAXES.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MR. SMULLEN, 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 BUTTENSCHON: 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. A06697-B, RULES

REPORT NO. 651 IS HIGH.

ASSEMBLY NO. A06716-A, RULES REPORT NO. 652,

HUNTER. AN ACT TO AMEND THE BANKING LAW AND THE NEW YORK STATE

URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO THE CAPITAL ACCESS

PROGRAM.

ACTING SPEAKER BUTTENSCHON: ON A

MOTION BY MS. HUNTER, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED. READ THE LAST SECTION.

NYS ASSEMBLY JUNE 7, 2023

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER BUTTENSCHON: 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. A06798, RULES REPORT

NO. 653, LEE, GLICK, AUBRY, SHIMSKY, SEAWRIGHT. AN ACT TO AMEND THE

GENERAL BUSINESS LAW, IN RELATION TO PROHIBITING THE SALE OF SODIUM

NITRATE AND SODIUM NITRITE TO ANY PERSON UNDER THE AGE OF 21.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

LEE, 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 30TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. LEE TO EXPLAIN HER VOTE.

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

RECENTLY SEEN A FRIGHTENING RISE IN SUICIDE RATES, ESPECIALLY AMONG

YOUNG PEOPLE. PART OF THIS CAN BE ATTRIBUTED TO EASILY-ACCESSIBLE

NYS ASSEMBLY JUNE 7, 2023

COMMON HOUSEHOLD CHEMICAL PRODUCTS BEING PROMOTED TO KIDS AS TOOLS

FOR SELF HARM AND SUICIDE. TWO OF THESE CHEMICALS ARE SODIUM NITRITE

AND SODIUM NITRATE, WHICH ARE COMMONLY USED TO CURE MEATS AND

POULTRY, BUT CAN ALSO BE A FATAL POISON. IN THE PAST FEW YEARS WE HAVE

SEEN SODIUM NITRITE AND SODIUM NITRATE SOLD TO KIDS ON UNDER-REGULATED

MARKETS. ALTHOUGH VENDORS SELL THESE PRODUCTS AS FOOD PRESERVATIVES,

THEY ARE OFTEN SOLD AT HIGHLY-DEADLY CONCENTRATION. FOR EXAMPLE, ACTOR

MATTHEW MINDLER USED SODIUM NITRATE -- NITRITE BOUGHT FOR $15 ON

AMAZON TO COMMIT SUICIDE. MANY OF THE SUICIDE ATTEMPTS USING

SODIUM NITRITE IN THE PAST FEW YEARS HAVE BEEN AMONG TEENS. THIS BILL

WILL PROHIBIT THE SALE OF SODIUM NITRITE AND SODIUM NITRATE TO THOSE

UNDER 21, AND IT WILL REQUIRE ID CHECKS FOR ANYONE THAT APPEARS TO BE

UNDER THE AGE OF 30.

AS A MOTHER OF THREE YOUNG CHILDREN, IT GIVES ME GREAT

PRIDE TO SPONSOR THIS LEGISLATION AND TO PROTECT ALL OUR CHILDREN IN NEW

YORK STATE. THANK YOU, MR. SPEAKER, FOR ALLOWING US TO VOTE ON THIS

CRITICAL LEGISLATION. THANK YOU.

ACTING SPEAKER AUBRY: MS. LEE IN THE

AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. WITH ALL

RESPECT TO THE SPONSOR, WHO I KNOW IS COMING FROM A PLACE OF WANTING

TO HELP PREVENT YOUTH SUICIDE, I JUST DON'T BELIEVE THAT THIS BILL IS THE

ANSWER TO THAT. I THINK THAT, UNFORTUNATELY, AND I -- I THINK WE PROBABLY

ALL HAVE EXAMPLES FROM OUR OWN LIVES, IF -- IF SOMEBODY IS REALLY INTENT

NYS ASSEMBLY JUNE 7, 2023

UPON HARMING THEMSELVES THERE ARE PLENTY, PLENTY OF WAYS TO DO IT,

WHETHER IT'S AN OVERDOSE OF ASPIRIN OR OTHER OVER-THE-COUNTER

MEDICATIONS. I -- I DON'T EVEN WANT TO TALK ABOUT THE OTHER WAYS THAT IT

CAN BE DONE BECAUSE I JUST DON'T EVEN WANT THAT TO BE PART OF THE

RECORD. THERE ARE MANY, MANY WAYS THROUGH VERY ACCESSIBLE THINGS. I

-- I DON'T THINK THAT -- THAT AGE TESTING OR, YOU KNOW, IS -- IS THE SOLUTION

IN THIS CASE. I'M GOING TO VOTE IN THE NEGATIVE. I DO BELIEVE THAT

SUICIDE IS -- IS A REAL PROBLEM AND I THINK THAT THIS CHAMBER AND THIS

HOUSE HAS TRIED TO TAKE A LOT OF STEPS TO TRY TO ADDRESS IT. I -- I JUST

DON'T BELIEVE THAT THIS BILL IS THE ANSWER AND I'LL BE IN THE NEGATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06927-A, RULES

REPORT NO. 654, SOLAGES, JEAN-PIERRE, DARLING, REYES. AN ACT TO

AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE SUBSTANCE OF

TRAINING AND TESTING REQUIREMENTS FOR COSMETOLOGISTS OR NATURAL HAIR

STYLISTS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

SOLAGES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

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

NYS ASSEMBLY JUNE 7, 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. A07085, RULES REPORT

NO. 655, PAULIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION

TO REQUIRING NURSING HOMES TO DESIGNATE DEDICATED STORAGE SPACES FOR

THE STORAGE OF THE BODIES OF DECEASED PERSONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07097, RULES REPORT

NO. 656, BENDETT. AN ACT TO AMEND CHAPTER 556 OF THE LAWS OF 2007

AMENDING THE TAX LAW RELATING TO IMPOSING AN ADDITIONAL REAL ESTATE

TRANSFER TAX WITHIN THE COUNTY OF COLUMBIA, IN RELATION TO THE

EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: 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 AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY JUNE 7, 2023

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07118, RULES REPORT

NO. 657, SMULLEN. AN ACT TO AMEND CHAPTER 489 OF THE LAWS OF 2004

AMENDING THE TAX LAW RELATING TO THE MORTGAGE RECORDING TAX IN THE

COUNTY OF FULTON, IN RELATION TO THE EFFECTIVENESS OF SUCH CHAPTER.

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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS FOR THE

PURPOSES OF INTRODUCING A GUEST IN OUR CHAMBERS OF MR. ZACCARO, OUR

COLLEAGUE. SANDRA PABON WAS A SUBSTANCE ABUSE COUNSELOR, A CHAPLAIN,

A DISTRICT LEADER AND A LONG-TIME RESIDENT OF THE BRONX. SHE WAS A

PROUD FIRST-GENERATION PUERTO RICAN, A CHAMPION FOR FOOD INSECURITY

AND SENIORS. SHE HAS TRANSITIONED THIS WORLD JUST A FEW DAYS AGO. SHE

IS SURVIVED BY HER ONLY DAUGHTER, ALEXANDRA, AND HER THREE

GRANDCHILDREN WHO PROUDLY CARRY ON SANDRA'S LEGACY AND HER SERVICE TO

NYS ASSEMBLY JUNE 7, 2023

THIS STATE.

MR. SPEAKER, HER DAUGHTER AND HER GRANDDAUGHTERS ARE

IN THE CHAMBERS WITH US TODAY. WOULD YOU PLEASE WELCOME THEM,

GIVE -- GIVE, OF COURSE, OUR SINCEREST CONDOLENCES AND THE CORDIALITIES

OF OUR FLOOR?

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, MR. ZACCARO, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY AND

EXTEND BOTH OUR CONDOLENCES AND OUR WELCOME TO HAVE YOU HERE.

EXTEND THE PRIVILEGES OF THE FAM -- OF THE HOUSE AND THE FLOOR TO YOU.

I'M STUMBLING BECAUSE WHEN YOUR TWO DAUGHTERS WALKED IN IT

IMMEDIATELY APPEARED TO ME IN MY MIND ONE OF THOSE SONGS I GREW UP

WITH WHICH IS, HEAVEN MUST BE MISSING ANGELS BECAUSE THEY'RE HERE

WITH US RIGHT NOW. SO WE'RE SO HAPPY TO HAVE YOU, AND WE ALWAYS

WILL HAVE FRIENDS AND ALWAYS KNOW THAT YOU'RE WELCOME HERE. THANK

YOU VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07206-B, RULES

REPORT NO. 658, PRETLOW, SAYEGH. AN ACT TO AMEND THE VEHICLE AND

TRAFFIC LAW, IN RELATION TO ADJUDICATIONS AND OWNER LIABILITY FOR A

VIOLATION OF TRAFFIC-CONTROL SIGNAL INDICATIONS IN THE COUNTY OF

WESTCHESTER; TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO

ACCESSING RECORDS; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS

UPON EXPIRATION THEREOF.

NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. THIS IS ANOTHER

SPEED CAMERA TRAP BILL -- I'M SORRY, IT'S A SPEED CAMERA BILL. MY

APOLOGIES. AND WITH THE OTHER SPEED CAMERA BILLS IT SUFFERS THE SAME

CONCERNS THAT WE'VE RAISED SEVERAL TIMES. AS YOU KNOW, THERE'S BEEN

TREMENDOUS PUBLIC BACKLASH ON THIS, EVEN TO THE POINT WHERE SOME

MUNICIPALITIES HAVE ACTUALLY WITHDRAWN THEIR AUTHORIZING LEGISLATION.

IT IMPOSES LIABILITY ON THE OWNER EVEN IF THE OWNER WASN'T DRIVING THE

CAR. IT SPECIFICALLY PROVIDES THAT THE CAMERA WILL NOT TAKE A PICTURE OF

THE DRIVER WHICH MAKES IT IMPOSSIBLE FOR THE DRIVER TO PROVE HE WASN'T

DRIVING THE CAR. IT IMPOSES LIABILITY ON THE DRIVER EVEN IF HIS CAR WAS

STOLEN UNLESS HE WAS ABLE TO NOTIFY THE POLICE BEFORE THE THIEF WENT

THROUGH A SPEED CAMERA, OTHERWISE HE'S NAILED AND HAS TO PAY THE FINE.

SO, A LOT OF CONCERNS ON THE DUE PROCESS OR LACK THEREOF, AND UNTIL

THOSE ISSUES ARE ADDRESSED I SUSPECT THAT MANY OF MY COLLEAGUES, AS IN

THE PAST, WILL OPPOSE THESE SPEED CAMERA BILLS. AND TYPICALLY -- WE

TYPICALLY HAVE 35, 40 NO VOTES ON THESE TYPES OF BILLS, AND THAT'S WHY I

WILL BE VOTING NO.

NYS ASSEMBLY JUNE 7, 2023

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07264, RULES REPORT

NO. 659, PEOPLES-STOKES, THIELE, ANDERSON, ZINERMAN, L. ROSENTHAL,

JACOBSON, LUNSFORD, SHRESTHA, SHIMSKY, GUNTHER, WEPRIN, COLTON,

RAGA, KELLES. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN

RELATION TO THE AWARDING OF CERTAIN PURCHASE CONTRACTS TO PURCHASE

FOOD.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07273, RULES REPORT

NO. 660, L. ROSENTHAL. AN ACT TO AMEND THE PUBLIC HOUSING LAW, IN

RELATION TO REQUIRING THE NEW YORK CITY HOUSING AUTHORITY TO PROVIDE

WRITTEN NOTICE TO RESIDENTS OF CERTAIN DISRUPTIONS TO WATER SERVICES AND

TO ESTABLISH CERTAIN GUIDELINES REGARDING THE EXAMINATION OF WATER

QUALITY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

NYS ASSEMBLY JUNE 7, 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. A07286-A, RULES

REPORT NO. 661, LEMONDES. AN ACT TO AMEND THE TAX LAW, IN RELATION

TO AUTHORIZING AN OCCUPANCY TAX IN THE TOWN OF SKANEATELES; 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. A07428-A, RULES

REPORT NO. 662 IS HIGH.

ASSEMBLY NO. A07477-A, RULES REPORT NO. 663,

JACOBSON. AN ACT TO AMEND CHAPTER 371 OF THE LAWS OF 2020

AMENDING THE TAX LAW RELATING TO AUTHORIZING THE TOWN OF NEWBURGH

TO IMPOSE A HOTEL AND MOTEL TAX, IN RELATION TO THE EFFECTIVENESS

THEREOF.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

NYS ASSEMBLY JUNE 7, 2023

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. A07542, RULES REPORT

NO. 664, WEPRIN. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

EXEMPTING CERTAIN PUBLIC CONSTRUCTION PROJECTS FROM CERTAIN

RESTRICTIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07658-A, RULES

REPORT NO. 665, SIMONE, KELLES, BORES. AN ACT TO AMEND THE

AGRICULTURE AND MARKETS LAW, IN RELATION TO USING THE TERM "HUMAN

FOOD GRADE" FOR CERTAIN PET FOOD.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

SIMONE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY JUNE 7, 2023

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF

COLLEAGUES COULD NOW TURN THEIR ATTENTION TO OUR -- BACK TO OUR DEBATE

LIST, WE'RE GOING TO GO TO RULES REPORT NO. 426 BY MS. ROZIC, FOLLOWED

BY RULES REPORT -- NO, CALENDAR NO. 74 BY MS. CLARK, AND THEN

CALENDAR NO. 178 BY MR. BURDICK. OKAY, SO -- THEN BACK TO RULES

REPORT NO. 271 BY MR. BURGOS, RULES REPORT NO. 436 BY MR. COLTON,

AND RULES REPORT NO. 490 BY MR. HEVESI.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

PAGE 14, RULES REPORT NO. 426, THE CLERK WILL READ.

THE CLERK: SENATE NO. S03255, RULES REPORT NO.

426, SENATOR HOYLMAN-SIGAL (A00501, ROZIC, JEAN-PIERRE). AN ACT TO

AMEND THE EXECUTIVE LAW, IN RELATION TO EXTENDING THE STATUTE OF

LIMITATIONS FOR CLAIMS RESULTING FROM UNLAWFUL DISCRIMINATORY PRACTICES

TO THREE YEARS.

ACTING SPEAKER AUBRY: AN EXPLANATION HAS

BEEN REQUESTED, MS. ROZIC.

MS. ROZIC: THIS BILL WOULD RAISE THE STATUTE OF

LIMITATIONS FOR ALL ALLEGED ADMINISTRATIVE UNLAWFUL DISCRIMINATORY

PRACTICES -- PRACTICE CLAIMS TO THREE YEARS FROM ONE. THE BILL WOULD

CREATE UNIFORMITY FOR ALL DISCRIMINATORY PRACTICE CLAIMS. I WOULD ALSO

NYS ASSEMBLY JUNE 7, 2023

NOTE THAT UNDER THE CPLR, THIS SECTION OF LAW HAS BEEN UTILIZED FOR

WORKPLACE HARASSMENT CLAIMS TO BE FILED IN SUPREME COURT WITHIN

THREE YEARS, SO IT ALSO -- THIS LEGISLATION WOULD ALSO CREATE UNIFORMITY

BETWEEN THE ADMINISTRATIVE PROCESS AND STATE CIVIL COURT STATUTE OF

LIMITATIONS.

ACTING SPEAKER AUBRY: MR. GOODELL.

AND WE NEED SOME QUIET IN THE CHAMBER, PLEASE.

EVEN IN THE BACK SO THAT THE MEMBERS CAN HEAR EACH OTHER AS WE

ENGAGE IN THIS DEBATE. THANK YOU.

MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. ROZIC YIELDS?

MS. ROZIC: SURE.

MR. GOODELL: THANK YOU, MS. ROZIC. I

APOLOGIZE, I HAD A DIFFICULT TIME HEARING YOUR EXPLANATION. YOU WERE

WALKING THROUGH THE STATUTE OF LIMITATIONS. SO CURRENTLY IT'S ONE YEAR

FOR MOST COMPLAINTS BEFORE THE HUMAN RIGHTS COMMISSION, THREE

YEARS FOR A SEXUAL HARASSMENT COMPLAINT. AFTER IT GOES TO THE HUMAN

RIGHTS COMMISSION, IF THE COMPLAINANT DOES -- DOES NOT AGREE THEY CAN

BRING A COURT ACTION, CORRECT?

MS. ROZIC: THAT'S RIGHT. IN 2019 THE LAW WAS

AMENDED TO ESTABLISH A THREE-YEAR STATUTE OF LIMITATIONS FOR FILING A

COMPLAINT WITH THE DIVISION OF HUMAN RIGHTS FOR SEXUAL HARASSMENT.

SO WE'RE JUST KEEPING IN LINE WITH THAT.

NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: AND THEN HOW LONG DOES A --

SOMEONE WHO'S COMPLAINING HAVE -- IF THEY DISAGREE WITH THE HUMAN

RIGHTS COMMISSION, HOW LONG DO THEY HAVE TO FILE A COMPLAINT WITH

THE COURT FOR REVIEW?

MS. ROZIC: THIS BILL DOES NOT SPEAK TO THAT.

MR. GOODELL: I SEE. AND AS YOU KNOW, THERE'S

BEEN SOME CONCERN IN THE PAST THAT A COMPLAINT WITH THE HUMAN RIGHTS

COMMISSION WILL SOMETIMES SIT FOR AN EXTENDED TIME PERIOD. HOW

LONG CAN IT SIT IN FRONT OF THE HUMAN RIGHTS COMMISSION BEFORE THE

COMPLAINANT CAN REQUEST THAT IT BE -- THAT THEY CAN MOVE IN FRONT OF THE

SUPREME COURT?

MS. ROZIC: I BELIEVE IT'S ALSO THREE YEARS, BUT THIS --

AGAIN, THIS BILL DOES NOT SPEAK TO THAT EITHER.

MR. GOODELL: I SEE. AND HOW DOES THIS PROPOSAL

THAT IS IN THIS BILL COMPARE WITH THE STATUTE OF LIMITATIONS FOR

COMPLAINTS BEFORE THE EQUAL -- THE EEOC, THE EQUAL OPPORTUNITY

COMMISSION [SIC]?

MS. ROZIC: UNDER THE FEDERAL EEOC, CLAIMS MUST

BE REPORTED WITHIN 45 DAYS TO PRESERVE THE RIGHT TO FILE A CLAIM. BUT

EIGHT OTHER STATES HAVE SIMILAR DEADLINES OF OVER 300 DAYS.

MR. GOODELL: SO RIGHT NOW THE FEDERAL STATUTE OF

LIMITATIONS FOR EEOC IS 45 DAYS. CURRENTLY, THE NEW YORK STATE

STATUTE OF LIMITATIONS FOR MOST CLAIMS IS 365 DAYS. FOR THOSE CLAIMS

INVOLVING SEXUAL HARASSMENT IT'S THREE YEARS, SO IT'S ABOUT 700 DAYS,

RIGHT?

100

NYS ASSEMBLY JUNE 7, 2023

MS. ROZIC: SO IT'S 45 DAYS --

MR. GOODELL: A THOUSAND DAYS -- I'M SORRY, I

SHOULD BE ABLE TO DO MATH -- OVER 1,000 DAYS CURRENTLY. THAT'S THE

CURRENT LAW, CORRECT?

MS. ROZIC: I BELIEVE SO.

MR. GOODELL: AND WHY IS IT THAT YOU THINK IT'S

GOOD POLICY TO HAVE SOMEONE WAIT UP TO 364 DAYS BEFORE FILING A

COMPLAINT?

MS. ROZIC: SO IT'S OFTENTIMES OFTEN THE CASE THAT

VICTIMS MIGHT BE HESITANT TO FILE A COMPLAINT OR UNWILLING TO COME

FORWARD UNTIL THEY'RE A LITTLE REMOVED FROM THAT SITUATION. IT ALLOWS FOR

VICTIMS OF ALL FORMS OF DISCRIMINATORY PRACTICES THAT SAME THREE-YEAR

PERIOD IN WHICH TO FILE A COMPLAINT. SO IT'S TRYING TO PRESERVE THAT FOR

ALL VICTIMS.

MR. GOODELL: AND DO YOU HAVE ANY DATA ON HOW

MANY COMPLAINTS ARE REJECTED BY THE HUMAN RIGHTS COMMISSION FOR

NOT BEING FILED TIMELY?

MS. ROZIC: I DON'T, BUT I'M HAPPY TO DIG IN AND

FOLLOW UP WITH YOU ON THAT.

MR. GOODELL: AND AM I CORRECT THAT IF THEY DON'T

FILE WITH THE HUMAN RIGHTS COMMISSION THEY CAN -- THEY DON'T HAVE TO

FILE WITH THE HUMAN RIGHTS COMMISSION, CORRECT? THEY CAN BRING AN

ACTION DIRECTLY IN SUPREME COURT; IS THAT CORRECT?

MS. ROZIC: YES, CORRECT.

MR. GOODELL: AND WHAT IS THE STATUTE OF

101

NYS ASSEMBLY JUNE 7, 2023

LIMITATIONS IF THEY WANT TO BRING AN ACTION DIRECTLY IN FRONT OF THE

SUPREME COURT?

MS. ROZIC: THREE YEARS.

MR. GOODELL: I THOUGHT IT WAS ONE YEAR FOR AN

INTENTIONAL TORT, ISN'T IT?

MS. ROZIC: I WAS TOLD THREE YEARS.

MR. GOODELL: OKAY, THREE YEARS. SO IF WE ADOPT

THIS, THE PROCESS -- A PERSON COULD WAIT THREE YEARS, FILE A COMPLAINT IN

FRONT OF THE HUMAN RIGHTS COMMISSION, AND THE HUMAN RIGHTS

COMMISSION I THINK CAN SIT ON IT FOR WHAT, 18 MONTHS AFTER WHICH THE

COMPLAINANT HAS ANOTHER THREE YEARS TO FILE A CLAIM? SO IT COULD BE

SEVEN-AND-A-HALF YEARS BEFORE THE ACTION IS COMMENCED IN SUPREME

COURT; IS THAT CORRECT?

(PAUSE)

MS. ROZIC: I'M TOLD THAT IT'S THREE YEARS FROM WHEN

THE ACTUAL ACTION HAPPENED.

MR. GOODELL: I SEE. OKAY. THANK YOU VERY

MUCH FOR EXPLAINING THE BILL.

SIR, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: IT -- IT SEEMS THAT AS -- AS A MATTER

OF POLICY WE WANT TO ENCOURAGE PEOPLE TO BRING ACTIONS FOR ANY ALLEGED

DISCRIMINATION AS QUICKLY AS POSSIBLE FOR TWO VERY IMPORTANT REASONS:

NUMBER ONE, IF THERE'S SOMEONE WHO'S DISCRIMINATING, WE WANT TO

102

NYS ASSEMBLY JUNE 7, 2023

KNOW ABOUT IT AS QUICKLY AS POSSIBLE SO THAT WE CAN TAKE APPROPRIATE

ACTION, STOP THAT DISCRIMINATION AND IMPOSE APPROPRIATE SANCTIONS ON

THE PERSON WHO IS DISCRIMINATING. I THINK THE LAST THING WE WANT TO DO

IS JUST SIT BACK AND LET THAT DISCRIMINATION CONTINUE UNABATED WITH NO

ACTION. AND SO WE SHOULD -- WE WANT, I THINK, TO ENCOURAGE PEOPLE TO

FILE DISCRIMINATION CLAIMS AS QUICKLY AS POSSIBLE. THE SECOND REASON IS

BECAUSE PEOPLE'S MEMORIES AND THE INFORMATION AND THE DETAILS FADE

QUICKLY. AND SO IF THERE'S REAL DISCRIMINATION OCCURRING, WE WANT FOR

SURE TO STOP IT. AND THE FASTER THE COMPLAINT COMES IN, THE MORE

ACCURATE THE COMPLAINT IS, THE MORE DETAILED THE COMPLAINT IS, AND THE

MORE LIKELY THAT THE COMPLAINANT WILL SUCCEED. AND OF COURSE ALL OF US

RECOGNIZE THAT MOST PEOPLE ARE CONSIDERED INNOCENT UNTIL PROVEN

GUILTY, AND SO WE WANT TO BE FAIR TO THE DEFENDANT. AND SO WE WANT TO

MAKE SURE THAT THE DEFENDANT STILL HAS ACCURATE RECORDS, ACCURATE

RECOLLECTION AND ACCURATE DETAILS, AND THAT THE WITNESSES TO ANY ACTION

MIGHT STILL REMEMBER THE ACTION IN -- IN A MANNER THAT ENABLES THEM TO

TESTIFY ACCURATELY AND CLEARLY. AS MENTIONED BY THE SPONSOR,

RECOGNIZING THE NEED TO STOP DISCRIMINATION QUICKLY, RECOGNIZING THE

NEED FOR ACCURATE RECOLLECTIONS, RECOGNIZING THE NEED FOR WITNESSES

THAT ARE CLEAR AND ACCURATE, THE FEDERAL STATUTE HAS A 45-DAY LIMIT, 45

DAYS. THEY WANT YOU TO STEP IN AND STOP IT RIGHT AWAY AND THEY WANT A

FAIR HEARING OPPORTUNITY WITH EVERYONE HAVING FRESH KNOWLEDGE. WE

ALREADY REQUIRE OR ALLOW ONE YEAR, THREE YEARS FOR SEXUAL HARASSMENT,

PLUS THE JUDICIAL PROCEEDING THAT OCCURS AFTERWARDS. QUITE FRANKLY,

WHILE I APPRECIATE THE SPONSOR'S DESIRE, WHICH I SHARE, TO ADDRESS

103

NYS ASSEMBLY JUNE 7, 2023

DISCRIMINATION ISSUES, WE WANT TO DO IT AS QUICKLY AS POSSIBLE IN A

MANNER THAT MAXIMIZES FAIRNESS TO ALL PARTIES; BOTH THE COMPLAINANT

AND THE DEFENDANT. AND FOR THAT REASON I THINK THE CURRENT STATUTE OF

LIMITATION STRIKES THE RIGHT BALANCE, EVEN THOUGH AS WE NOTED IT'S

ALMOST TEN TIMES -- NOT QUITE -- EIGHT TIMES LONGER THAN THE FEDERAL. I

THINK THE CURRENT ONE STRIKES THE RIGHT BALANCE AND SO I'D RECOMMEND

THAT WE STAY WITH THE CURRENT PROVISIONS.

FOR THAT REASON I WON'T BE SUPPORTING IT, BUT THANK YOU

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

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 180 DAYS.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED. THOSE COLLEAGUES OF MINE THAT

WOULD LIKE TO SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE YES HERE ON

THE FLOOR OF THE ASSEMBLY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MS. SOLAGES.

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

MAJORITY CONFERENCE WILL BE IN THE AFFIRMATIVE. IF A MEMBER WISHES TO

VOTE IN THE NEGATIVE, WE ASK THEM TO COME TO THE CHAMBER AND PLACE

THEIR VOTE.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

104

NYS ASSEMBLY JUNE 7, 2023

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

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

BEHALF OF ASSEMBLYWOMAN HUNTER, I WOULD LIKE TO INTRODUCE THE

TADODAHO SID HILL. THE TADODAHO IS THE SPIRITUAL LEADER OF THE

ONONDAGA NATION, AND HE IS JOINED BY HIS WIFE, BETTY LYONS, WHO IS

THE EXECUTIVE DIRECTOR OF THE AMERICAN INDIAN LAW ALLIANCE.

FROM THE LONGHOUSE TO THE PEOPLE'S HOUSE, PLEASE, IF

YOU COULD EXTEND THE CORDIALITIES OF THE HOUSE WE WOULD REALLY, REALLY

APPRECIATE IT. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. SOLAGES, MS. HUNTER, THE SPEAKER ALL THE MEMBERS, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, THE PEOPLE'S

HOUSE. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR AND ARE VERY

GRATEFUL THAT YOU HAVE COME TO SHARE A PORTION OF YOUR TIME WITH US,

AND WE DO HOPE YOU WILL COME BACK. YOU ARE ALWAYS WELCOME.

THANK YOU SO VERY MUCH.

(APPLAUSE)

PAGE 32, CALENDAR NO. 178, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05949, CALENDAR NO.

178, BURDICK, THIELE, COLTON, L. ROSENTHAL, BURKE, SIMON, SIMONE,

KELLES, CRUZ, GONZÁLEZ-ROJAS, PRETLOW, EPSTEIN, ZACCARO, FAHY,

105

NYS ASSEMBLY JUNE 7, 2023

SHIMSKY, OTIS, PAULIN, GLICK, ALVAREZ, SHRESTHA, LEVENBERG, SEPTIMO,

COOK, STECK, BORES, MCDONALD, DINOWITZ, STIRPE, HEVESI, KIM,

DICKENS, BENEDETTO, RAJKUMAR, RIVERA, WILLIAMS, CONRAD, LUNSFORD,

CARROLL, TAYLOR, TAPIA, CUNNINGHAM, FALL, DAVILA, BRONSON, GIBBS,

SOLAGES, LUCAS, JACOBSON, SILLITTI, EACHUS, SAYEGH. AN ACT TO AMEND

THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING THE

APPLICATION OF PESTICIDES TO CERTAIN LOCAL FRESHWATER WETLANDS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BURDICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

AND MR. BURDICK, AN EXPLANATION HAS BEEN REQUESTED,

SIR.

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

PURPOSE OF THIS BILL IS QUITE SIMPLE, AND THAT IS TO PROVIDE AUTHORITY TO

THOSE MUNICIPALITIES IN THE STATE OF NEW YORK WHICH HAVE ADOPTED A

FRESHWATER WETLANDS PROTECTION LAW IN ACCORDANCE WITH THE

ENVIRONMENTAL CONSERVATION LAW. AND THAT AUTHORITY WOULD BE THAT

THEY COULD ADOPT A SUBSEQUENT LAW THAT WOULD ENABLE THEM TO PROHIBIT

THE APPLICATION OF PESTICIDES WITHIN THE WETLANDS AND THEIR BORDERS, AND

THAT'S UNDER CERTAIN LIMITATIONS THAT THEY WOULD HAVE THAT ABILITY.

ACTING SPEAKER AUBRY: MR. SIMPSON.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. BURDICK, WILL

YOU YIELD, SIR?

106

NYS ASSEMBLY JUNE 7, 2023

MR. BURDICK: YES, I CERTAINLY WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. SIMPSON: THANK YOU, MR. BURDICK. SO, CAN

YOU GET -- SO YOU WANT TO DO IS YOU WANT TO CHANGE THE ENVIRONMENTAL

LAW, CONSERVATION LAW, SUBSECTION 33 0303 THAT EXPLICITLY LAYS OUT

THE POWERS AND DUTIES OF THE COMMISSIONER AND THE DEPARTMENT. IT

SAYS JURISDICTION IN ALL MATTERS PERTAINING TO THE DISTRIBUTION, SALE, USE

AND TRANSPORTATION OF PESTICIDES IS BY THIS ARTICLE VESTED EXCLUSIVELY IN

THE COMMISSIONER. YOU WANT TO -- YOU WANT TO TAKE OVER -- YOUR BILL

WOULD TAKE OVER THOSE RESPONSIBILITIES IF THE LOCAL GOVERNMENT DECIDES

MR. BURDICK: WELL, THAT'S NOT QUITE ACCURATE.

SINCE THE 1970S, THE ENVIRONMENTAL LAW HAS PROVIDED ENABLING

PROVISIONS SO THAT LOCAL GOVERNMENTS HAD BEEN GIVEN THE AUTHORITY TO

IMPLEMENT FRESH WATER WETLANDS PROTECTION LAWS. AND SO THOSE ARE

VERY LONGSTANDING, AND THERE ARE SOME 70 MUNICIPALITIES THAT HAVE

DONE SO.

MR. SIMPSON: SO YOU'RE SAYING THAT A LOCAL

MUNICIPALITY ALREADY HAS THE AUTHORITY TO BE MORE RESTRICTIVE?

MR. BURDICK: SO WHAT IT DOES IS THAT -- THAT

AUTHORITY, AS I MENTIONED, HAS EXISTED SINCE 1977 AND IT WOULD EXPAND

THAT AUTHORITY SUCH THAT THEY THEN WOULD HAVE THE ABILITY, AT THEIR

OPTION, IT'S NOT REQUIRED, TO ADOPT A LOCAL LAW PROHIBITING THE

APPLICATION OF PESTICIDES IN WETLANDS WITHIN THEIR BORDERS. SO IT'S NOT

CREATING A BRAND-NEW AUTHORITY AS -- AS YOUR QUESTION SEEMS TO SUGGEST,

107

NYS ASSEMBLY JUNE 7, 2023

RATHER, IT IS EXPANDING THAT AUTHORITY SOLELY TO THAT DEGREE.

MR. SIMPSON: WOULD THAT LOCAL DEPART -- LOCAL

GOVERNMENT ENTITY REPORT TO THE DEC, THE EPA, THE DEP AS TO --

MR. BURDICK: I'M SORRY?

MR. SIMPSON: WOULD THAT LOCAL GOVERNMENT --

BECAUSE RIGHT NOW, YOU KNOW, D -- THE REASON WHY DEC ADMINISTERS

THIS PROGRAM AND IS RESPONSIBLE AS A STATE AGENCY IS, YOU KNOW, THEY

COLLECT ALL THIS INFORMATION OF WHICH CHEMICALS, WHICH PESTICIDES,

WHO'S APPLYING IT.

MR. BURDICK: YEAH.

MR. SIMPSON: IT'S A DEC PERMIT.

MR. BURDICK: I'M SORRY.

MR. SIMPSON: IT -- IT'S A DEC PERMIT. SO WOULD --

WOULD THE LOCAL GOVERNMENT ISSUE A PERMIT TO AN APPLICATOR OR DENY A

PERMIT?

MR. BURDICK: NO. IT DOESN'T -- IT DOESN'T AFFECT

THAT AT ALL. IT DOESN'T HAVE TO DO WITH THE PERMITTING PROCESS, WHICH IS

ENTIRELY RETAINED BY THE DEC. THIS SIMPLY DEALS WITH THE APPLICATION

OF THE PESTICIDE. AND -- AND IT DOESN'T DEAL WITH LABELING, OR WITH

PACKAGING, WHICH IS HANDLED BY THE EPA, IT DOESN'T WITH WHAT

PESTICIDES ARE APPROVED OR NOT. IT ONLY HAS TO DEAL WITH THE APPLICATION

OF PESTICIDES, A VERY NARROW AREA.

MR. SIMPSON: SO AN APPLICATOR WHO HAS RECEIVED A

PERMIT FROM DEC COULD THEN BE DENIED AT THE LOCAL LEVEL TO APPLY A

PESTICIDE.

108

NYS ASSEMBLY JUNE 7, 2023

MR. BURDICK: WELL, ASSUMING THAT THAT APPLICATOR

-- IF THAT APPLICATOR HAD A PERMIT TO DO SO FROM THE DEC, YES, THERE

COULD BE INSTANCES, BUT WITH NOTABLE EXCEPTIONS WITH RESPECT TO

WHETHER OR NOT THAT LOCALITY, IF THEY TO CHOSE TO ADOPT A SUBSEQUENT

LOCAL LAW TO PROHIBIT APPLICATION AT WETLANDS, THEN THAT COULD BE

PROHIBITED. AND JUST TO BE CLEAR, AND IT'S STATED IN -- IN THE PROPOSED

LAW ITSELF, IS THAT IT -- IT -- THE -- THE -- THE LOCAL LAW CANNOT PROHIBIT

PESTICIDE APPLICATIONS FOR THE CONTROL OF INVASIVE SPECIES, PESTS,

NOXIOUS WEEDS OR FOR THE PROTECTION OF NATIVE PLANT SPECIES. SO, YOU

KNOW, THERE -- THERE'S -- THERE'S SIGNIFICANT FLEXIBILITY THAT'S BEING

PROVIDED IN THIS. AND AGAIN, JUST -- JUST TO BE CLEAR, BECAUSE IN THE PAST

IT WAS -- IT WAS KIND OF SUGGESTED THAT WE'RE TALKING ABOUT MILLIONS OF

ACRES THAT ARE INVOLVED. WE'RE ONLY TALKING ABOUT THE 70 MUNICIPALITIES

OUT OF SOME 1,600 MUNICIPALITIES STATEWIDE THAT HAVE ADOPTED

FRESHWATER WETLANDS LAWS.

MR. SIMPSON: SO I WANT TO KIND OF PRESENT A

SCENARIO. I LIVE DOWNSTREAM -- JUST HYPOTHETICALLY, I LIVE DOWNSTREAM

FROM AN AGRICULTURAL OPERATION THAT HAS, YOU KNOW, IT'S VERY COMMON TO

HAVE WETLANDS IN AN AGRICULTURAL AREA, EITHER UPSTREAM, ON THE

AGRICULTURAL LANDS OR DOWNSTREAM. AND, YOU KNOW, THERE'S A LOT OF

INFORMATION OUT THERE BEING INTERPRETED BY LAYPEOPLE AS TO HOW

DANGEROUS A PESTICIDE IS OR HOW SAFE IT IS. I DECIDE TO GO TO MY LOCAL

TOWN BOARD AND I SAY, LISTEN, I'M OPPOSED TO THIS PESTICIDE, BUT IT'S

REGULATED AND ALREADY RESEARCHED BY DEC AND DEC HAS ESTABLISHED

INSTANCES WHERE IT CAN BE USED CORRECTLY AND SAFELY. WOULD A LOCAL

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NYS ASSEMBLY JUNE 7, 2023

GOVERNMENT BE ABLE TO STOP THE APPLICATION OF THAT PESTICIDE?

MR. BURDICK: WELL, YOUR QUESTION BEGAN WITH

REFERRING TO AGRICULTURAL USES, AND THE EXISTING STATE LAW, WHICH ALSO IS

PROVIDED AT THE LOCAL LEVEL, EXEMPTS WETLANDS USED FOR FARMING FROM

ANY KIND OF REQUIREMENTS. AND I CAN TELL YOU FROM PERSONAL

EXPERIENCE, BECAUSE I CHAIRED THE WETLANDS COMMISSION IN THE TOWN

OF BEDFORD FOR SOME NINE YEARS, IS THAT THAT'S WRITTEN IN LAW AND IS

SOMETHING THAT IS SCRUPULOUSLY ADHERED TO. AND I -- I KNOW OF NO

INSTANCES OF WHICH THERE ARE ISSUES REGARDING THAT.

MR. SIMPSON: SO LET ME REPHRASE IT. IT'S PERMITTED

ON THE AGRICULTURAL LAND BUT IT AFFECTS WETLANDS DOWNSTREAM, OR I OWN

PROPERTY THAT HAS WETLANDS WHERE IT IS NOT LEGALLY PERMITTED. COULD I

INTERPRET THIS AUTHORITY THAT THIS BILL WOULD PROVIDE TO THE LOCAL

GOVERNMENT TO BE ABLE SAY IT'S UNACCEPTABLE, THIS USE THAT'S AFFECTING

MY PROPERTY?

MR. BURDICK: SO LET ME JUST SEE IF I UNDERSTAND

YOUR QUESTION. YOU'RE TALKING ABOUT DOWNSTREAM IMPACTS; IS THAT

CORRECT?

MR. SIMPSON: DOWNSTREAM IMPACTS.

MR. BURDICK: AND YOU'RE A PROPERTY OWNER

DOWNSTREAM FROM THE AGRICULTURAL USE? IS THAT WHAT YOU'RE --

MR. SIMPSON: YEAH, YOU SHARE A WETLAND, OR I

HAVE A WETLAND THAT'S OUTSIDE OF THAT AGRICULTURAL USE WHERE IT'S -- IT'S

PERMITTED.

MR. BURDICK: WELL, THAT -- THAT LOCAL REGULATORY

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NYS ASSEMBLY JUNE 7, 2023

AUTHORITY, BE IT A WETLANDS COMMISSIONER OR A TOWN BOARD, WOULD NOT

BE ABLE TO RESTRICT THAT UPSTREAM APPLICATION FOR FARMING PURPOSES.

MR. SIMPSON: I THINK -- SO WHAT -- IS THERE -- IS

THERE AN EXAMPLE OF WHY YOU WOULD WANT THIS AUTHORITY? IS THERE -- I

MEAN, IT JUST SEEMS LIKE IT COULD CREATE MANY MORE ISSUES. WE'RE

UNDERMINING OUR OWN AGENCY THAT IS RESPONSIBLE FOR THE, YOU KNOW, THE

STATEWIDE PROGRAM TO ENSURE THAT PROPER USE AND SAFETY OF THESE

PESTICIDES, AS WELL AS EVERY OTHER CHEMICAL, THEY HAVE, YOU KNOW, THE

PEOPLE THAT DO THE RESEARCH, SCIENTISTS. THEY'RE EXPERTS AT IT. WHERE, AT

THE LOCAL LEVEL, I DON'T KNOW OF VERY MANY MUNICIPALITIES THAT HAVE THAT

TECHNICAL KNOWLEDGE.

MR. BURDICK: WELL, A COUPLE THINGS. ONE IS THAT,

YOU KNOW, I DO THINK THAT YOU'RE UNDERESTIMATING THE ABILITIES OF LOCAL

GOVERNMENT. AND I CAN TELL YOU THAT FOR DECADES, THE TOWN OF

BEDFORD, JUST AS ONE EXAMPLE, AND IN TALKING WITH OTHER WETLANDS

COMMISSIONERS THROUGHOUT THE STATE AT THAT TIME, I FOUND THAT THEY

OPERATED THE SAME WAY. AND THAT WAS TO HAVE EXPERIENCED WETLANDS

SCIENTISTS TO ADVISE THEM, YOU KNOW, WHAT KIND OF IMPACT DOES A

PARTICULAR PERMIT APPLICATION, IF GRANTED, WHAT ADVERSE IMPACT WOULD IT

-- WOULD IT HAVE. AND I THINK THAT THEY, OVER THE YEARS, HAVE OPERATED

VERY WELL AND WITH SIGNIFICANT SCIENTIFIC AND PROFESSIONAL CONSULTATIONS

BEFORE DECISIONS ARE MADE.

MR. SIMPSON: ISN'T THAT WHAT WE HAVE AT DEC,

THOUGH?

MR. BURDICK: I BEG YOUR PARDON?

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NYS ASSEMBLY JUNE 7, 2023

MR. SIMPSON: ISN'T THAT WHAT WE HAVE AT OUR DEC,

OUR OWN DEPARTMENT OF --

MR. BURDICK: WELL, YOU KNOW, LOOK. I -- I THINK

THAT THE DEC DOES A VERY GOOD JOB AS FAR AS IT GOES BUT, YOU KNOW,

THEIR -- THEIR RESOURCES ARE LIMITED. I SEE THIS NOT AS PREEMPTING THEM,

BUT IT'S SUPPLEMENTING THE WORK THAT THEY DO.

MR. SIMPSON: I'M GLAD YOU SAID THAT THEIR

RESOURCES ARE LIMITED, BECAUSE IT'S US THAT DECIDE THE RESOURCES THAT GO

TO THE DEC. YESTERDAY WE -- WE DEBATED A BILL THAT INCREASED THEIR

RESPONSIBILITY AND THEIR AUTHORITIES, AND HERE AGAIN -- ACTUALLY, WE'RE

LOOKING TO TAKE AWAY AUTHORITIES BECAUSE OF THE LACK OF RESOURCES. SO,

YOU KNOW, I'M LEFT WONDERING WHAT -- WHICH SIDE OF THIS ARE WE, WHERE

ARE WE AT?

MR. BURDICK: WELL, YOU KNOW, I -- I -- I -- WITH

ALL DUE RESPECT I THINK YOU'RE MISCHARACTERIZING IT. IT DOESN'T TAKE AWAY

AUTHORITY, IT REALLY SIMPLY SUPPLEMENTS THE AUTHORITY WITH -- WITH THE

AUTHORITY AT THE LOCAL LEVEL THAT THEY COULD PROVIDE ADDITIONAL REVIEW OF

WHAT COULD BE ADVERSE IMPACTS ON -- ON A WETLAND. AND, YOU KNOW,

I'M HAPPY TO DISCUSS NEXT YEAR, AS I DID THIS YEAR, THE RESOURCES OF THE

EPA IN BUDGET DISCUSSIONS AND -- AND I -- I WOULD LIKE TO SEE THEM

HAVE MORE RESOURCES; I -- I AGREE WITH YOU ON THAT.

MR. SIMPSON: I'M GLAD YOU MENTIONED THE EPA,

BECAUSE I THINK MEANT THE DEC?

MR. BURDICK: I -- I'M SORRY, THE DEC IS WHAT I

MEANT.

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NYS ASSEMBLY JUNE 7, 2023

MR. SIMPSON: BUT THEN AGAIN, THERE'S -- THAT

REMINDS ME OF ANOTHER CONFUSING POINT OR CONTRADICTORY POINT. WE DO

HAVE THE EPA THAT OVERSEES, THAT HAS AUTHORITY, ACTUALLY THEY -- YOU

KNOW, THEY'RE PART OF THE OVERALL PROTECTION OF OUR COUNTRY'S AIR AND

WATER. AND WOULDN'T THIS CREATE A POSSIBILITY OF EPA RESCINDING

PRIVACY IF THEY DECIDE THAT OUR PROGRAM IS INADEQUATE OR DIFFERS FROM

THEIRS? (INAUDIBLE/CROSS-TALK)

MR. BURDICK: NO, I --

MR. SIMPSON: BECAUSE WE'RE CHANGING THE RULES.

MR. BURDICK: NO, I -- I DON'T THINK SO. I THINK THAT

WHAT THE EPA'S ROLE IS -- IS PRETTY CLEARLY SPELLED OUT AND HAS BEEN FOR

QUITE SOME TIME. AND, IN FACT, IF YOU WERE TO GO TO THE EPA'S WEBSITE

ON THIS, IT STATES UNDER THE FEDERAL INSECTICIDE, FUNGICIDE AND

RODENTICIDE ACT, A STATE SHALL HAVE PRIMARY ENFORCEMENT

RESPONSIBILITIES FOR PESTICIDE USE VIOLATIONS. AND -- AND SO THE ROLE,

AGAIN, AS I INDICATED BEFORE, FOR THE EPA DEALS WITH PACKAGING AND

DEALS WITH LABELING OF PESTICIDES, SOMETHING WHICH THE STATES ARE

PREEMPTED FROM HANDLING. AND -- AND OUR DEC DOES NOT DO THAT, THEY

REGULATE PESTICIDES.

MR. SIMPSON: WELL, THANK YOU, MR. BURDICK.

MR. BURDICK: THANK YOU.

MR. SIMPSON: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SIMPSON: THANK YOU, MR. SPEAKER. THE

GOVERNOR VETOED THIS BILL LAST YEAR AND -- AND I'M GOING TO READ WHAT

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NYS ASSEMBLY JUNE 7, 2023

SHE SAID. SHE BELIEVES THAT THE DECISIONS ON PESTICIDES CAN BE FAIRLY

AND CONSISTENTLY ENFORCED BY THE DEC AND EPA, AND DISCRETION SHOULD

NOT BE LEFT TO LOCALITIES. THIS BILL WOULD -- COULD LEAD TO CONFUSION,

INCONSISTENT APPLICATION OF STATE LAW AMONG THE REGULATED COMMUNITY,

LEADING TO THE POSSIBILITY OF THE EPA RESCINDING PRIME -- PRIVACY IF

THEY CONSIDER NEW YORK'S PROGRAM INADEQUATE.

I THINK WE, AS A BODY, HAVE TO SUPPORT OUR OWN

AGENCY AND -- AND THE COMMISSIONER IN HIS EFFORT TO -- TO PROTECT THE

LANDS OF WATERS IN NEW YORK. AND I THINK THIS JUST FURTHER UNDERMINES

OUR OWN AGENCY AND CREATES SO MANY INCONSISTENT LAWS AND REGS THAT

PEOPLE ARE TRYING TO DO THE BEST THEY CAN TO -- TO ABIDE BY. BUT WHEN

WE LEAVE SOME UP TO LOCAL MUNICIPALITIES, LOCAL GOVERNMENTS, WHEREAS

OTHERS ARE UNDER STATE RULE, IT'S CONFUSING FOR PLANNERS AND -- AND TOWN

LEADERS AND EVERYONE ELSE THAT HAS TO DEAL WITH THOSE INCONSISTENCIES.

SO I WOULD RECOMMEND THAT MY COLLEAGUES NOT

SUPPORT THIS BILL AND SUPPORT THE STATEWIDE PROGRAM THAT WE CURRENTLY

HAVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. RA.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. --

MR. BURDICK: YES.

MR. RA: THANK -- THANK YOU.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

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NYS ASSEMBLY JUNE 7, 2023

MR. RA: SO JUST A COUPLE OF QUICK QUESTIONS. IN

TERMS OF THE LOCAL GOVERNMENT, IF THEY'RE DOING THIS, DOES THIS ENVISION

THAT, YOU KNOW, THERE IS -- I MEAN, THAT THEY COULD DO A VERY DETAILED

LAW, CERTAIN PESTICIDES WOULD BE ALLOWED, CERTAIN NOT, OR IS THIS REALLY

KIND OF DIRECTLY THEY'RE GOING TO DO, YOU KNOW -- DO YOU ENVISION THAT

THIS LAW WOULD BASICALLY LOOK THE SAME IN ANY MUNICIPALITY THAT

ADOPTED IT, OR -- OR DOES IT GIVE THEM A LITTLE MORE LEEWAY THAN THAT?

MR. BURDICK: THE -- THE BILL ITSELF IS REALLY QUITE

SPECIFIC. AND I WOULD EXPECT THAT THOSE LAWS ARE GOING TO NEED TO BE

EXTREMELY SPECIFIC AS WELL, IN ORDER TO TRACK THE LANGUAGE IN THE BILL

ITSELF, WHICH IS SIMPLY RELATED TO APPLICATION OF PESTICIDES AND WITH --

WITH THE EXCEPTIONS THAT ARE STATED IN THE BILL ITSELF. SO I WOULD BE -- I

DON'T THINK THAT THEY WOULD BE PERMITTED TO HAVE MUCH VARIATION AT ALL

AMONG ANY SUCH LAWS THAT MIGHT BE ADOPTED. AND DO BEAR IN MIND THAT

THEY HAVE TO FOLLOW THE REQUIREMENTS UNDER NEW YORK STATE LAW WITH

RESPECT TO THE ADOPTION OF THOSE LOCAL LAWS, THEY HAVE TO FOLLOW SEQR,

THEY HAVE TO HAVE A PUBLIC HEARING. AND SO EVEN AMONG THOSE 70, I

COULDN'T HAZARD A GUESS AS TO HOW MANY MIGHT DECIDE TO EXERCISE THE

AUTHORITY THAT MIGHT BE CONFERRED.

MR. RA: OKAY. DO -- DO YOU KNOW CURRENTLY HOW

MANY HAVE, YOU KNOW, THESE LOCAL LAWS OR (INAUDIBLE) UNDER 24 0501?

MR. BURDICK: YES. AS -- AS I HAD MENTIONED

EARLIER, THERE ARE 70.

MR. RA: SEVENTY, OKAY.

MR. BURDICK: CORRECT.

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NYS ASSEMBLY JUNE 7, 2023

MR. RA: AND THEN JUST LASTLY, IN TERMS OF THE ROLE OF

THE DEPARTMENT IN TERMS OF -- OBVIOUSLY, YOU KNOW, WE KNOW THERE'S

EXPERTISE WITHIN, YOU KNOW, IN THE STATE DEPARTMENT OF ENVIRONMENTAL

CONSERVATION. I WOULD IMAGINE THERE ARE MUNICIPALITIES THAT HAVE --

THAT ARE LARGER, THAT HAVE PROBABLY MORE CAPACITY TO HAVE PEOPLE THAT

ARE WITHIN THEIR, YOU KNOW, THEIR ORGANIZATION THAT HAVE THAT LEVEL OF

EXPERTISE AND THERE MAY BE SMALLER ONES THAT -- THAT DON'T. SO WHAT DO

YOU ENVISION IN TERMS OF HOW THEY MIGHT WORK WITH THE DEPARTMENT IN

-- IN DEVELOPING A LOCAL LAW?

MR. BURDICK: WELL, YOU KNOW --

MR. RA: WOULD THE DEPARTMENT PROVIDE SOME OF

THEIR EXPERTISE TO KIND OF ADVISE A MUNICIPALITY THAT'S LOOKING TO DO

THIS?

MR. BURDICK: WELL, I WOULD, AS -- AS I WAS

INDICATING BEFORE, THE 70 MUNICIPALITIES THAT HAVE CHOSEN TO REGULATE

LOCAL FRESHWATER WETLANDS LAW HAVE DEVELOPED EXPERTISE AND HAVE --

THIS IS -- REALLY, WHEN YOU CONSIDER ALL OF THE RESPONSIBILITIES THAT THEY

MAY HAVE IN CONSIDERING PERMIT APPLICATIONS, THIS IS ONLY ONE SMALL

FACET OF WHAT THEY WOULD NEED TO CONSIDER. FOR EXAMPLE, THEY WOULD

HAVE TO CONSIDER WHAT IMPACTS A PROPOSED ADDITION OR BUILDING WOULD

HAVE. THEY HAVE CONSIDER WHAT THE HYDRIC SOILS ARE, HOW SENSITIVE THE

WETLANDS ARE. YOU KNOW, ARE WE DEALING WITH A PARTICULARLY SENSITIVE

WETLANDS OR ONE THAT ISN'T? AND THIS IS SOMETHING WHICH IS DONE

ABSOLUTELY ROUTINELY BY WETLANDS BOARDS, OR IF IT'S DONE BY A PLANNING

BOARD OR TOWN BOARD, THEY HAVE THE EXPERTISE AND THE KNOWLEDGE TO DO

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NYS ASSEMBLY JUNE 7, 2023

THIS FOR NOW OVER 40 YEARS.

MR. RA: OKAY. THANK -- THANK YOU. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

MR. BURDICK: YES, CERTAINLY.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH. AS YOU

KNOW, UNDER THE ENVIRONMENTAL CONSERVATION LAW SECTION 24 0501,

TOWNS HAVE JURISDICTION OVER WETLANDS THAT ARE WHOLLY OR PARTIALLY

WITHIN THEIR JURISDICTION.

MR. BURDICK: I'M SORRY, I MISSED THAT. SAY THAT

AGAIN, THE LAST FEW WORDS.

MR. GOODELL: CERTAINLY. AS YOU KNOW, UNDER

SECTION 24 0501 IT GIVES TOWNS JURISDICTION OVER FRESHWATER WETLANDS

THAT ARE WHOLLY OR PARTIALLY WITHIN THEIR JURISDICTION.

MR. BURDICK: MM-HMM.

MR. GOODELL: HOW WOULD YOU ENVISION THIS TO BE

APPLIED WHERE A WETLAND CROSSES MULTIPLE BOUNDARIES? WOULD YOU

ENVISION THAT PART OF THE WETLAND THAT'S IN ONE TOWN MIGHT BE SUBJECT TO

DIFFERENT STANDARDS THAN THE PART IN A DIFFERENT TOWN?

MR. BURDICK: SO, THAT -- THAT'S SIMPLY A

JURISDICTIONAL QUESTION.

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NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: INDEED.

MR. BURDICK: AND -- AND THE WETLANDS LAW WOULD

ONLY EXTEND TO THE MUNICIPAL LINE. AND SO THE REGULATORY AUTHORITY

WITHIN THE TOWN THAT HAS THE FRESHWATER WETLANDS LAW WOULD END AT THE

MUNICIPAL LINE.

MR. GOODELL: SO IF YOU HAD A FRESHWATER

WETLANDS THAT STRADDLED A TOWN BORDER, ONE TOWN MIGHT PROHIBIT

PESTICIDES THAT THE OTHER TOWN WOULD ALLOW, CORRECT?

MR. BURDICK: THAT COULD -- THAT COULD OCCUR, YES.

MR. GOODELL: AND IS THERE ANY MECHANISM TO

DECIDE HOW THAT CONFLICT WOULD BE ADDRESSED OR RESOLVED?

MR. BURDICK: WELL, I'M NOT SURE THAT THERE REALLY

WOULD BE A CONFLICT, BECAUSE IT WOULD ONLY APPLY TO THE APPLICATION OF

THE PESTICIDES UP TO THE MUNICIPAL LINE.

MR. GOODELL: I UNDERSTAND THAT.

MR. BURDICK: AND -- AND SO IF THE NEIGHBORING --

MR. GOODELL: AND SO IF THE MUNICIPAL LINE IS IN

THE CENTER OF A WETLAND, WHICH HAS WATER, ARE YOU SAYING THE WAY THIS

WOULD APPLY IS THAT A PESTICIDE COULD BE APPLIED IN HALF OF THAT WATER

BODY BUT NOT THE OTHER HALF? IS THAT THE WAY IT WOULD APPLY?

MR. BURDICK: YOU KNOW, I -- I THINK THAT -- THAT

THE ISSUE THAT YOU RAISE IS ONE THAT DOES COME UP WITH SOME FREQUENCY

WITH RESPECT TO, SAY, BUILDING ACTIVITY. AND, YOU KNOW, I THINK THAT,

AGAIN, I -- I -- AS I'M SURE YOU DO, HAVE A PRETTY HIGH REGARD FOR LOCAL

GOVERNMENTS AND THEIR ABILITY TO WORK TOGETHER AND COOPERATIVELY, AND

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I WOULD THINK THAT THEY COULD RESOLVE THIS JUST FINE.

MR. GOODELL: THANK YOU VERY MUCH FOR YOUR

COMMENTS, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THE REASON I RAISE THIS ISSUE IS

BECAUSE THERE'S A REASON WE HAVE STANDARD STATEWIDE REGULATIONS RATHER

THAN TOWN-BY-TOWN REGULATIONS, OR VILLAGE-BY-VILLAGE REGULATIONS. AND

IT'S BECAUSE THE APPLICATION OF A PESTICIDE IN A COMMON WATERWAY THAT

BOUNDS BOTH TOWNS OR MULTIPLE TOWNS SHOULD BE REGULATED IN THE SAME

WAY. IT DOESN'T MAKE ANY SENSE TO HAVE A REGULATION THAT APPLIES TO THE

NORTH HALF OF A WETLAND AND A DIFFERENT SET OF REGULATIONS THAT APPLY TO

THE SOUTH OR EAST, WEST OR WHATEVER. AND THAT'S WHY WE HAVE A

COMMON STATEWIDE APPROACH, AND THE STATEWIDE APPROACH IS BACKED

BY THE ENVIRONMENTAL EXPERTS AT OUR OWN AGENCY, THE DEC, WHO ARE IN

CONSTANT EVALUATION OF THESE PESTICIDES AND HERBICIDES, AND CLOSELY

MONITOR WHAT'S GOING ON ON THE EPA. VERY, VERY FEW TOWNS,

PARTICULARLY THE RURAL TOWNS, HAVE THAT LEVEL OF EXPERTISE. THE CURRENT

SYSTEM TAKES ADVANTAGE OF THE STATEWIDE EXPERTISE, TAKES ADVANTAGE OF

A COMMON, UNIFORM APPROACH, AVOIDS CONFLICTING JURISDICTIONAL ISSUES

AND PROVIDES FOR A THOUGHTFUL RESPONSE.

AND FOR THAT REASON, I JOIN MY COLLEAGUES IN

SUPPORTING THE STATEWIDE APPROACH THAT WE CURRENTLY ENJOY. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

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NYS ASSEMBLY JUNE 7, 2023

MS. SOLAGES.

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

PLEASE CALL WAYS AND MEANS TO THE SPEAKER'S CONFERENCE ROOM?

ACTING SPEAKER AUBRY: CERTAINLY. WAYS AND

MEANS, SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER. THROUGH

YOU, MR. SPEAKER, WOULD THE SPONSOR YIELD?

MR. BURDICK: YES, OF COURSE.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. TAGUE: THANK YOU, MR. BURDICK. I HAD JUST A

COUPLE QUICK QUESTIONS.

MR. BURDICK: CERTAINLY.

MR. TAGUE: FIRST OF ALL, WITH THIS PIECE OF

LEGISLATION, WHAT ARE YOU DEFINING AS A "WETLAND"?

MR. BURDICK: WELL, ACTUALLY, THE DEFINITION OF

WETLANDS IS ALREADY IN THE DEC ENVIRONMENTAL CONSERVATION LAW, AND

REGULATIONS THAT HAVE BEEN ISSUED PURSUANT TO THEM.

MR. TAGUE: BUT IS THERE OR ISN'T THERE ALSO A

DEFINITION OF A FEDERAL WETLAND?

MR. BURDICK: YES, OF COURSE.

MR. TAGUE: AND COULD INDIVIDUALS COME TO THE

TOWN OR THE VILLAGE PLANNING BOARD OR TOWN OR VILLAGE BOARD AND SAY

THAT THEY HAVE WETLANDS ON THEIR PROPERTY?

MR. BURDICK: NO, IT WOULD NEED TO BE THE STATE.

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NYS ASSEMBLY JUNE 7, 2023

MR. TAGUE: WHAT'S THAT?

MR. BURDICK: NO, IT WOULD BE THE ROLE OF THE STATE

TO MAKE THAT DETERMINATION. DEC, AS YOU MAY KNOW, MAPS WETLANDS,

AND -- AND SO THAT IS SOMETHING THAT HAS BEEN A PROCESS THAT'S BEEN IN

PLACE FOR QUITE SOME TIME.

MR. TAGUE: LET ME ASK YOU THIS. WHAT HAS

CHANGED IN THIS BILL SINCE LAST YEAR WHEN THE GOVERNOR VETOED IT?

MR. BURDICK: NOTHING.

MR. TAGUE: OKAY. THANK YOU.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. TAGUE: I THINK WE JUST HEARD THE ANSWER.

NOTHING HAS CHANGED IN THIS BILL SINCE THE GOVERNOR VETOED IT. OUR

DEC DOES AN EXCELLENT JOB MONITORING OUR WETLANDS THROUGHOUT THE

STATE OF NEW YORK, AND IN SOME CASES THE EPA. I WOULD JUST SAY THAT

THIS -- THIS BILL IS NOT NEEDED. IT'S A WASTE OF OUR TIME. IT'S NOT ANY

BETTER THAN IT WAS LAST YEAR. I WILL BE VOTING NO AND I URGE ALL MY

FELLOW MEMBERS TO VOTE NO AND LET'S NOT WASTE THE TIME OF OUR LOCAL

GOVERNMENTS, WASTE THE TIME OF DEC. LET THEM DO THEIR JOBS. THEY'RE

PROFESSIONALS AND THEY KNOW WHAT THEY'RE DOING. THANK YOU.

ACTING SPEAKER EPSTEIN: READ THE LAST

SECTION.

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

DAY.

ACTING SPEAKER EPSTEIN: A PARTY VOTE HAS

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NYS ASSEMBLY JUNE 7, 2023

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATIVE CHANGE. CERTAINLY,

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

YOU, SIR.

ACTING SPEAKER EPSTEIN: MS. SOLAGES.

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

MAJORITY CONFERENCE WILL BE IN THE AFFIRMATIVE. THOSE WHO WISH TO

VOTE IN THE NEGATIVE CAN COME TO THE CHAMBER AND CAST THEIR VOTE.

ACTING SPEAKER EPSTEIN: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BURDICK TO EXPLAIN YOUR VOTE.

MR. BURDICK: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. I FIRST WISH TO THANK THE CHAIR OF THE ENVIRONMENTAL

CONSERVATION COMMITTEE, DEBORAH GLICK, AS WELL AS THE SPEAKER, FOR

ALLOWING THIS BILL TO COME TO THE FLOOR. I ALSO WISH TO THANK THE 75

COSPONSORS OF THIS BILL, INCLUDING SOME FROM THE OTHER SIDE OF THE AISLE.

AND, YOU KNOW, IT WAS JUST ASKED OF ME WHAT HAS CHANGED. NO, THE

BILL ITSELF HAS NOT CHANGED, BUT I CAN SAY THAT DAY BY DAY WE HEAR MORE

AND MORE ABOUT CONTAMINANTS IN OUR DRINKING WATER, ABOUT PESTICIDES

THAT ARE LEACHING INTO OUR GROUNDWATER. WE KNOW THAT MILLIONS OF

DOLLARS ARE BEING SPENT BY LOCAL GOVERNMENTS IN ORDER TO GET PFOS AND

PFAS OUT OF THEIR PUBLIC WATER SUPPLIES, SOMETHING THAT WASN'T

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NYS ASSEMBLY JUNE 7, 2023

REQUIRED ONLY A FEW YEARS AGO. AND AS WE LEARN MORE ABOUT THE

HARMFUL EFFECTS OF THESE TOXINS IN OUR DRINKING WATER, WE SHOULD TAKE

PREVENTATIVE ACTION RATHER THAN DEALING WITH THE PROBLEM AFTERWARDS.

THIS BILL SIMPLY COMPLIES WITH THE COMMON STATEWIDE APPROACH,

WHICH SINCE 1977 HAS PROVIDED FOR LOCAL FRESHWATER WETLANDS LAWS. IT

WORKS IN HARMONY WITH THE DEC'S REGULATORY SCHEME. AND I WANT TO

COMMEND ALL OF THOSE WHO SUPPORT THIS AND I VOTE IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER EPSTEIN: MR. BURDICK IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

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

PURPOSE OF AN INTRODUCTION ON BEHALF ASSEMBLYMEMBER ANDERSON, WE

HAVE A COUPLE OF GUESTS IN THE CHAMBER. WE HAVE MAXINE ELLIOTT, WHO

IS THE SISTER OF RENOWNED MUSIC -- MUSIC ARTIST RAYQUON ELLIOTT, AKA

STACK BUNDLES. UNFORTUNATELY, THE YOUNG MAN DIED FROM GUN VIOLENCE

AND SO EVERY YEAR SHE ORGANIZES A STOP THE VIOLENCE BASKETBALL

TOURNAMENT. SHE'S ALSO JOINED BY SAVEEN ULMER (PHONETIC), JODY

ULMER (PHONETIC) AND PRINCE WILLIAMS, THEIR COUSINS.

AND SO IF WE COULD EXTEND THE CORDIALITIES OF THE

HOUSE, I WOULD GREATLY APPRECIATE IT.

ACTING SPEAKER EPSTEIN: THANK YOU. ON

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BEHALF OF THE SPEAKER, MEMBER ANDERSON, MEMBER SOLAGES, I WANT TO

WELCOME MS. ELLIOTT (INAUDIBLE) TO THE CHAMBER. I'M SORRY FOR YOUR

LOSS, AND PLEASE ENJOY THE CORDIALITIES OF THE HOUSE AND WE WELCOME

YOU TO THE CHAMBER.

(APPLAUSE)

PAGE 26 -- PAGE 25, CALENDAR NO. 74, THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A03113-A, RULE --

CALENDAR NO. 74, CLARK, FAHY, REYES, SIMON, GLICK, GONZÁLEZ-ROJAS,

GALLAGHER, EPSTEIN, MCMAHON, SIMONE, LUNSFORD, AUBRY, DE LOS

SANTOS, DICKENS, RAGA. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

RELATION TO ENHANCING THE SCOPE OF HEALTH EQUITY IMPACT ASSESSMENTS TO

REQUIRE CONSIDERATION OF REPRODUCTIVE HEALTH SERVICES AND MATERNAL

HEALTH CARE.

ACTING SPEAKER EPSTEIN: ON A MOTION BY THE

SENATE, THE BILL IS BEFORE THE HOUSE. THE SENATE BILL ADVANCED.

MS. CLARK, AN EXPLANATION HAS BEEN REQUESTED.

MS. CLARK: HAPPY TO GIVE ONE, THANK YOU, MR.

SPEAKER. SO THIS BILL WOULD ADD ADDITIONAL PRO -- PROVISION TO THE

HEALTH EQUITY IMPACT ASSESSMENT THAT WAS CHAPTERED LAST YEAR AND

PASSED, REGARDING HOW A PROPOSED PROJECT WOULD IMPACT THE

AVAILABILITY OF REPRODUCTIVE HEALTH SERVICES AND MATERNAL HEALTHCARE FOR

HEALTHCARE FACILITIES UNDERGOING A CERTIFICATE OF NEED PROCESS.

ACTING SPEAKER EPSTEIN: MR. JENSEN.

MR. JENSEN: THANK YOU, MR. SPEAKER. WOULD THE

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SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER EPSTEIN: WILL THE SPONSOR

YIELD?

MS. CLARK: OF COURSE I WILL YIELD.

ACTING SPEAKER EPSTEIN: THE SPONSOR YIELDS.

MR. JENSEN: THANK YOU VERY MUCH. IN THE ORIGINAL

CHAPTER THAT INSTITUTED THE HEALTH EQUITY IMPACT ASSESSMENT, IS THERE

ANY OTHER -- CERTAINLY THAT -- THAT CHAPTER LISTS A LONG -- A WIDE ARRAY OF

THINGS THAT HAS TO -- HAVE TO BE CONSIDERED WITH AN ADJUSTMENT TO A

CERTIFICATE OF NEED UNDER THIS ASSESSMENT. IN THE EXISTING CHAPTER, IS

THERE ANY OTHER AREAS OF MEDICINE OR PRACTICES OF MEDICINE THAT ARE

SPECIFICALLY MENTIONED AS HAVING TO BE TAKEN INTO ACCOUNT IN THE HEALTH

EQUITY IMPACT ASSESSMENT?

MS. CLARK: NO. THIS IS, YOU KNOW, I -- I

UNDERSTAND WHAT WE WERE TRYING TO DO WITH THE HEALTH ASSESSMENT,

COMPLETELY AGREE THAT WE NEED TO REALLY LOOK AT DISPARITIES ACROSS ALL

HEALTH SERVICES AND OUR -- AND WHAT DIFFERENT CONSOLIDATIONS OR CLOSURES

WILL DO TO THAT. BUT WE DON'T CALL OUT ANY SPECIFIC IN THE ORIGINAL. THE

IMPORTANCE HERE IS THAT BETWEEN THE REPRODUCTIVE HEALTH ACT AND

HOPEFULLY WITH THE CONSTITUTIONALLY-APPROVED EQUAL RIGHTS

AMENDMENT THAT WE ARE WORKING ON HERE, REPRODUCTIVE RIGHTS ARE NOW

STATUTORILY PROTECTED IN THE STATE AND, THEREFORE, I THINK NEED TO BE PART

OF IT.

MR. JENSEN: SO, WITH THESE TWO POTENTIAL AREAS OF

PRACTICE SPECIFICALLY BEING ADDED IF THIS LEGISLATION WERE TO BE PASSED

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AND SIGNED INTO LAW BY THE GOVERNOR, WOULDN'T THE COMMISSIONER OF

HEALTH, WHEN ASSESSING THAT ASSESSMENT AS PART OF THE LARGER CERTIFICATE

OF NEED APPLICATION, WOULDN'T THEY ALREADY BE TAKING INTO ACCOUNT THE

ISSUES YOU BRING UP BASED ON THE OTHER PROVISIONS THAT ARE IN THE

CHAPTER, ESPECIALLY TALKING ABOUT ACCESS IN UNDERSERVED COMMUNITIES

AND PROTECTED CLASSES THAT WOULD MATCH UP WITH THE CONSTITUTIONAL AND

OTHER --

ACTING SPEAKER EPSTEIN: MEMBERS, WE ARE

ON DEBATE. CAN WE KEEP THE CHATTER DOWN? IF YOU WANT TO TALK, CAN

YOU GO OUTSIDE? THANK YOU.

GO AHEAD, MR. JENSEN.

MS. CLARK: I GOT YOU.

MR. JENSEN: YEAH.

MS. CLARK: I THINK OBVIOUSLY THEY COULD. I THINK

THE WHOLE POINT OF DOING THE ASSESSMENT WAS TO PUT IN STATUTE WHAT

KIND OF HEALTH DISPARITIES ARE REALLY IMPORTANT FOR US TO LOOK AT, AND WE

PUT IN A LOT ABOUT DEMOGRAPHICS, WE PUT IN A LOT ABOUT GEOGRAPHIC AND

ALL THE DIFFERENT THINGS THAT COULD BE INCLUDED IN THAT. THIS IS

PARTICULARLY IMPORTANT TO CALL OUT, GIVEN THE FACT THAT WE, AS A STATE,

HAVE PASSED THE REPRODUCTIVE HEALTH ACT, GUARANTEEING IN STATUTE VERY

SPECIFIC RIGHTS AND WILL DO THE SAME, HOPEFULLY. WE'VE PASSED IN THIS

BODY, THE -- AGAIN, THE EQUAL RIGHTS AMENDMENT, WHICH DOES LOOK AT

PREGNANCY, PREGNANCY OUTCOMES AND GENDER AS PROTECTED CLASSES AND

REALLY, THEREFORE, I THINK NEED -- IT'S A VERY SPECIFIC PIECE LOOKED AT.

WE ALSO KNOW ALREADY IN THE STATE OF NEW YORK, 1.2 MILLION NEW

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NYS ASSEMBLY JUNE 7, 2023

YORKERS OR WOMEN IN NEW YORK DON'T HAVE ACCESS, ARE IN WHAT WE

CONSIDER CONTRACEPTIVE DESERTS. SO WE ALREADY KNOW THERE'S A HUGE

IMPACT HERE. WE KNOW NOW STATUTORILY THAT THESE RIGHTS ARE GUARANTEED

TO WOMEN IN OUR STATE, AND WE NEED TO MAKE SURE THEY'RE ADDRESSED IN

-- SPECIFICALLY IN THIS NEEDS ASSESSMENT.

MR. JENSEN: BUT IF WE'RE -- IF WE'RE LOOKING TO

FULFILL THE ORIGINAL INTENT OF THE ORIGINAL CHAPTER WHERE WE'RE LOOKING AT

ENSURING THAT ANY CHANGES TO A CERTIFICATE OF NEED DO NOT NEGATIVELY

IMPACT HEALTH DISPARITIES, WOULD WE JUST AS MUCH CARE ABOUT ENSURING

NO CHANGE IN ACCESS TO EMERGENCY DEPARTMENTS, PEDIATRICS, PHARMACY

SERVICES, ONCOLOGY, NEUROLOGY, CARDIOLOGY, OCCUPATIONAL OR PHYSICAL

THERAPY? AREN'T -- ISN'T EVERY OTHER PRACTICE OF MEDICINE JUST AS

IMPORTANT IN ADDRESSING THE ORIGINAL INTENT OF THE CHAPTER THAT PUT INTO

PLACE THE HEALTH EQUITY ASSESSMENT IF WE'RE ACTUALLY CARING ABOUT

ADDRESSING HEALTH DISPARITIES IN COMMUNITIES?

MS. CLARK: OF COURSE. THIS IS JUST A TINY PIECE OF

AN OVERALL ASSESSMENT. THE REASON I THINK IT NEEDS TO HAVE A VERY

SPECIFIC -- ADDRESSED VERY SPECIFICALLY IS BECAUSE OF THE OTHER ACTIONS

WE'VE TAKEN IN THIS BODY TO ENSURE REPRODUCTIVE HEALTH ACCESS FOR

EVERYONE IN NEW YORK.

MR. JENSEN: THE EFFECTIVE DATE OF THIS LEGISLATION

HAS THE SAME EFFECTIVE DATE AS THE ORIGINAL CHAPTER, WHICH I BELIEVE IS

GOING TO BE JUNE 23RD OF THIS YEAR. WITH PROJECTS AND CERTIFICATES OF

NEED CURRENTLY BEING ASSESSED, BEING WRITTEN WITH THE DEPARTMENT OF

HEALTH'S DEVELOPMENT OF THE REGULATIONS IN PROCESS, DOESN'T ADDING THIS

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NYS ASSEMBLY JUNE 7, 2023

NEW CHANGE TO THE ORIGINAL CHAPTER THROW A LITTLE BIT INTO DISARRAY ANY

ACTIVE APPLICATIONS THAT MAY BE BEING PREPARED IN PREPARATION FOR THE

ORIGINAL EFFECTIVE DATE OF JUNE 23RD OF THE ORIGINAL CHAPTER?

MS. CLARK: I THINK IT'S GREAT NEWS THAT WE'RE

PASSING THIS, OR POTENTIALLY PASSING THIS BEFORE THOSE REGS HAVE COME

OUT SO THAT WE CAN MAKE SURE IT'S INCLUDED. I DON'T THINK, AGAIN, THAT

THIS IS GOING TO HOLD UP A PROCESS OR AFFECT ANYONE WHO'S GUESSING WHAT

THOSE REGULATIONS MIGHT LOOK LIKE ALREADY AND -- AND PUTTING SOMETHING

FORTH. WE HAVE TIME AND I LOOK FORWARD TO HAVING THIS ADDED AS -- AS

THOSE REGULATIONS COME OUT IN A FEW WEEKS.

MR. JENSEN: A ORIGINAL PROVISION IN THE ORIGINAL

CHAPTER WAS THAT A THIRD PARTY HAD TO BE THE ONE PREPARING THE HEALTH

EQUITY IMPACT ASSESSMENT. IT'S A COSTLY CONTRACT FOR A HEALTH PROVIDER,

FOR A FACILITY, FOR A SYSTEM TO ENTER INTO. AND WITH THE EFFECTIVE DATE OF

THE ORIGINAL STATUTE OF JUNE 23RD, WITH THIS PROSPECTIVE -- EFFECTIVE DATE

THE SAME BUT, YET, IF PASSED, UNKNOWING WHEN IT'S GOING TO BE SENT TO

THE GOVERNOR FOR SIGNATURE OR VETO, IS THERE AN ISSUE WHERE YOU COULD

RUN INTO SOME SORT OF CONTRACTUAL INCONSISTENCY WITH A HEALTH PROVIDER

THAT HAS CONTRACTED FOR A THIRD-PARTY ENTITY TO PREPARE THE HEALTH EQUITY

IMPACT ASSESSMENT, AND THEN -- THEN BE OUT OF COMPLIANCE WHILE IT'S

BEING REVIEWED BY THE DEPARTMENT OF HEALTH AND TWO DIFFERENT

APPLICATIONS OF THE LAW HAVING TO BE TAKEN INTO ACCOUNT

SIMULTANEOUSLY?

MS. CLARK: I MEAN, I DON'T SEE -- WE CAN ALWAYS

ADDRESS THESE THINGS IF THEY COME UP AS IT IS -- MOVES FORWARD TO

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SIGNATURE BY THE GOVERNOR, AND WHAT WE MAY OR NOT HAVE TO DO AT THAT

MOMENT, BUT AT THIS TIME I DON'T REALLY SEE -- SEE THIS AS BEING

SOMETHING THAT WOULD REALLY THROW THIS WHOLE THING INTO DISARRAY.

MR. JENSEN: IS THERE ANY CONCERN THAT ADDING THESE

TWO AREAS OF PRACTICE OF MEDICINE, IS THERE ANY CONCERN THAT THEY COULD

BE IN CONFLICT WITH ANY OTHER ASPECT OF THE HEALTH EQUITY IMPACT

ASSESSMENT AND THE REQUIREMENTS THEREIN? IS THERE -- IS THERE A LEVEL

OF IMPORTANCE ABOUT WHAT TAKES PRECEDENT OVER SOMETHING ELSE? IS

THERE ANY IMPACT ON THAT?

MS. CLARK: I -- I DON'T SEE WHY THERE'D BE ANY

IMPACT ON THAT.

MR. JENSEN: OKAY. HOW -- WOULD THIS HAVE ANY

IMPACT ON -- NOW THAT WE'RE ADDING THESE SPECIFIC CLASS OF PRACTICE,

WOULD THERE BE ANY IMPACT INTO WHAT TYPE OF THIRD PARTIES WOULD BE

ABLE TO PREPARE THE HEALTH EQUITY IMPACT ASSESSMENT FOR HEALTHCARE

PROVIDERS?

MS. CLARK: I DON'T SEE WHY THAT WOULD BE -- THERE

WOULD BE ANY IMPACT THERE EITHER.

MR. JENSEN: OKAY. SO CERTAINLY IN OUR COMMUNITY

RIGHT NOW WE -- WE ARE HOME TO TWO MAJOR HEALTHCARE SYSTEMS, ONE OF

WHICH HAS GOT AN ACTIVE PROJECT ONGOING. HAS THERE BEEN ANY FEEDBACK

THAT YOU'VE HEARD FROM THEM ABOUT HOW THIS WOULD IMPACT -- THIS NEW

REQUIREMENT WOULD IMPACT ANY ONGOING PROJECTS THAT MAY BE

HAPPENING WHETHER IN OUR COMMUNITY OR EVEN TALKING WITH PROVIDERS

FROM ACROSS THE STATE. HAVE THEY PROVIDED ANY FEEDBACK TO YOU ON

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THAT PROCESS?

MS. CLARK: YEAH, I MEAN, I THINK THERE ARE SOME

FOLKS WHO, YOU KNOW, HAD SOME GENERAL THOUGHTS ABOUT THE ENTIRETY OF

THE NEEDS ASSESSMENT, OR THE -- AND ADDING THE -- THE HEALTH EQUITY

IMPACT ASSESSMENT IN GENERAL. AND, YOU KNOW, I -- I DO KNOW THAT

THERE HAVE BEEN CONCERNS ABOUT SEEING THIS AS LEERING OR CALLING OUT

VERY SPECIFIC PIECES AND -- AND NOT WANTING THAT TO CONTINUE TO HAPPEN.

WE'VE MADE THE CASE AND CONTINUE TO MAKE THE CASE THAT THESE -- AGAIN,

WE HAVE THE REPRODUCTIVE HEALTH ACT WHICH HAS BEEN PASSED AND PUT

INTO STATUTE SOME PROTECTIONS AROUND THIS, WHICH IS WHY IT NEEDS ITS

OWN VERY SPECIFIC PIECE TO BE SURE IT'S ADDRESSED IN THIS, AND THAT'S THE

CASE WE CONTINUE TO MAKE. WE SEE REPRODUCTIVE -- YOU KNOW, AS MUCH

AS WE MAY DO IN THIS BODY TO ENSURE PEOPLE HAVE THE RIGHTS TO

REPRODUCTIVE HEALTH SERVICES AND ALL THE DIFFERENT MATERNAL HEALTH

SERVICES THAT THEY NEED, PREGNANCY, PREGNANCY OUTCOMES, ALL THOSE

DIFFERENT THINGS, IT DOESN'T MATTER IF PEOPLE CAN'T ACCESS THOSE SERVICES

AND THAT'S WHY IT NEEDS ITS OWN VERY SPECIFIC PIECE IN THIS HEALTH

ASSESSMENT, GIVEN ALL THAT WE'VE DONE IN THIS BODY TO ALREADY ENSURE

THOSE RIGHTS FOR EVERYBODY.

MR. JENSEN: BUT THERE ARE -- WE'RE GOING BACK,

THERE ARE ACTIVE PROJECTS THAT ARE BEING CONTEMPLATED UNDER THE EXISTING

FRAMEWORK. AND SO JUST GOING BACK, AND MAYBE I'M REPEATING MYSELF

OR GOING DOWN THE SAME LINE OF THOUGHT, BUT IF WE ALREADY HAVE

ONGOING CERTIFICATE OF NEED APPLICATIONS BEING PREPARED, IS THERE A

CONCERN THAT THIS TYPE OF CHANGE WHEN WE DON'T KNOW IF THIRD-PARTY

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AGREEMENTS CAN ACTUALLY FULFILL, IF WE DON'T HAVE REGULATIONS ON HOW

EXPERTISE ON MATERNAL HEALTH OR REPRODUCTIVE OB/GYN SERVICES AND

CARE ARE TAKEN INTO ACCOUNT WHEN REVIEWING MEDICAL NEED AND IMPACT

ON HEALTH DISPARITIES. IS THERE A CONCERN THAT THIS CHANGE COMING SO

LATE IN THE PROCESS COULD NEGATIVELY HARM EVEN THE -- THE BEST-INTENDED

PROJECTS THAT LOOK TO INCREASE HEALTHCARE OUTCOMES WITHIN A

COMMUNITY?

MS. CLARK: I MEAN, PROJECTS THAT ARE ALREADY

ONGOING, THE REGS HAVEN'T COME OUT YET ON THE -- THE HEALTH ASSESSMENT.

SO THERE -- THERE HASN'T BEEN THAT PROCESS DONE YET.

MR. JENSEN: BUT -- BUT WHAT I'M SAYING IS, IF I'M A

HEALTHCARE PROVIDER AND I'M LOOKING AT SUBMITTING A CHANGE IN MY

CERTIFICATE OF NEED, WHETHER IT'S BECAUSE I WANT TO CONSOLIDATE OR

SOMETHING THAT WOULD BE ELIGIBLE WOULD BE INCREASING MY CAPACITY TO

SERVE THE COMMUNITY AND I'VE ALREADY MAYBE ENTERED INTO AN

AGREEMENT BECAUSE I KNOW THAT THE FRAMEWORK AND THE REGS ARE GOING

TO SUCH AS IT IS BECAUSE WE'RE A COUPLE, THREE WEEKS AWAY FROM THE

JUNE 23RD EFFECTIVE DATE, MY QUESTION IS, DOES THIS HAVE THE POTENTIAL TO

NEGATIVELY IMPACT PROJECTS THAT HAVE MAYBE ALREADY RECEIVED FUNDING

THROUGH THE GRANT SYSTEM THAT'S AT THE GOVERNOR'S DISCRETION? IS THERE A

CONCERN THAT THIS COULD IMPACT OR KNOCK OFF KILTER ANY EXISTING PROJECTS

THAT ARE MAKING THEIR WAY DOWN THE PIPELINE THAT WOULD NEGATIVELY

NOW IMPACT ADDRESSING HEALTH DISPARITIES?

MS. CLARK: I MEAN, I DON'T -- I DON'T SEE WHY -- I

MEAN, IF WE'RE TALKING ABOUT A PROJECT THAT'S NEGATIVELY AFFECTING ACCESS

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TO REPRODUCTIVE HEALTH, MY GUESS IS, YOU KNOW, THOSE ARE THINGS, IN -- I

MEAN, IN MY OPINION, THOSE ARE THINGS THAT REALLY NEED TO BE LOOKED AT.

I DON'T THINK IT WOULD KNOCK ANYTHING OFF KILTER OR, AGAIN, I DON'T SEE

THIS AS BEING A HUGE BURDENSOME PIECE ADDED TO THE ASSESSMENT. SO --

MR. JENSEN: BUT IF I'M -- SO YOU MENTIONED EARLIER

THAT THERE ARE CERTAIN CARE DESERTS FOR CERTAIN AREAS OF PRACTICE IN

MEDICINE. AND IF I'M A PROVIDER AND I'M FILLING -- I'M GOING TO BE VERY

SHORTLY SUBMITTING A CERTIFICATE OF NEED APPLICATION TO BUILD OUT MY

EMERGENCY DEPARTMENT, MAYBE ADD BEDS, AND I'M IN ONE OF THESE --

THESE AREAS THAT WOULD -- THAT'S BEEN QUALIFIED AS A -- AS A DESERT FOR

MATERNAL CARE OR WHAT HAVE YOU. AND MY PROJECT HAS NOTHING TO DO

WITH REDUCING SERVICES, YET BECAUSE THIS LEGISLATION IS BEING ADDED INTO

THE ASSESSMENT OF THE CERTIFICATE OF NEED, COULD NOW MY PROJECT THAT

WOULD INCREASE ACUTE CARE OR CRITICAL CARE ASPECT NOW BE NOT APPROVED

BECAUSE IT DOES NOT ADDRESS THESE THINGS, EVEN THOUGH THAT WAS NEVER

THE INTENT IN THE FIRST PLACE?

MS. CLARK: IT'S -- IT'S JUST A CONSIDERATION AND THERE

IS THE ABILITY IF IT'S NOT APPLICABLE TO THE PROJECT TO -- I MEAN THAT IS

SOMETHING THAT CAN BE DONE. SO OBVIOUSLY IF IT HAS NOTHING DO WITH THE

PROJECT, IT'S NOT GOING TO BE -- WERE NOT ASKING PEOPLE, YOU KNOW,

PROACTIVELY TO ADD THIS TO THEIR PROJECT. WE'RE JUST TRYING TO GET AN

ASSESSMENT OF WHAT THE PROJECT IS. SO IT'S EITHER NOT APPLICABLE OR IT'S

JUST A CONSIDERATION, BUT WE'RE NOT TELLING PEOPLE THEY HAVE TO ADD THIS.

WE'RE JUST SAYING WE NEED TO UNDERSTAND WHAT THE PROJECT DOES IN

RELATION. SOMETIMES RELATION OR SOMETIMES NOT APPLICABLE.

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NYS ASSEMBLY JUNE 7, 2023

MR. JENSEN: SO OUTSIDE THE HEALTH EQUITY IMPACT

ASSESSMENT, AS PART OF THE CERTIFICATE OF NEED PROCESS, DOESN'T THE

COMMISSIONER -- DOESN'T THAT OFFICE ALREADY HAVE BROAD JURISDICTION TO

WEIGH THE IMPACT TO HEALTHCARE AVAILABILITY AS PART OF EITHER APPROVING

OR DENYING A CERTIFICATE OF NEED? WOULDN'T THEY ALREADY BE ABIDING

BY THE CONSTITUTIONAL IN STATUTE QUESTIONS THAT COMPELLED YOU TO

INTRODUCE THIS LEGISLATION?

MS. CLARK: THEY ARE -- I MEAN THE WHOLE POINT IS

TO PUT IN STATUTE THE THINGS THAT WE WANT.

MR. JENSEN: BUT I'M -- BUT I'M SAYING IF FOR ANY --

IF THESE THINGS -- IF ENSURING ACCESS TO THESE AREAS OF MEDICINE ARE

ALREADY BEING PUT IN STATUTE IN OTHER PLACES, WHETHER CONSTITUTIONALLY OR

STANDALONE STATUTE, DOESN'T THROUGH THE CERTIFICATE OF NEED PROCESS,

OUTSIDE OF THE ASSESSMENT BEING ADDED, DOESN'T THE COMMISSIONER OF

HEALTH ALREADY HAVE BROAD LATITUDE TO TAKE INTO ACCOUNT THE APPLICATION

OF STATE LAW AND THE ABILITY TO PROVIDE CARE WHERE CARE IS NEEDED AS

PART OF HOW THEY DETERMINE WHETHER OR NOT A CERTIFICATE OF NEED IS

APPROVED OR DENIED?

MS. CLARK: HAVING BROAD LATITUDE MEANS THEY CAN

OR CAN'T DO IT AND I'M ENSURING THAT THEY WILL.

MR. JENSEN: OKAY. THANK YOU VERY MUCH, MS.

CLARK. I APPRECIATE YOUR ANSWERS. THANK YOU VERY MUCH, MR.

SPEAKER.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

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YIELD?

MS. CLARK: OF COURSE.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. RA: THANK YOU VERY MUCH. SO I JUST HAVE SOME

QUESTIONS AS THIS PERTAINS TO FAITH-BASED HEALTHCARE SYSTEMS BECAUSE

THIS WOULD SEEM TO HAVE THE POTENTIAL TO DISPROPORTIONALLY IMPACT

FAITH-BASED SYSTEMS THAT DON'T PROVIDE SPECIFIC SERVICES AND -- AND

RATHER FOLLOW THE -- THE ETHICAL AND RELIGIOUS DIRECTIVES THAT THEY FOLLOW

AND MAY PREVENT THEM FROM FURTHER EXPANDING THEIR NETWORK. SO IS THE

INTENT TO ONLY PREVENT THE REDUCTION OF REPRODUCTIVE HEALTH SERVICES

DURING A HEALTHCARE EXPANSION THAT WOULD REQUIRE A CERTIFICATE OF

NEED?

MS. CLARK: IT'S EXPANSION, REDUCTION, MERGER,

ACQUISITION. I'M TRYING TO THINK.

MR. RA: BUT WOULD -- WOULD IT ONLY BE ONLY ONE THAT

REQUIRES A CERTIFICATE OF NEED, CORRECT?

MS. CLARK: ONE MORE TIME, SORRY.

MR. RA: ONLY IF A CERTIFICATE OF NEED IS REQUIRED FOR

THAT EXPANSION TO GO FORWARD.

MS. CLARK: YES.

MR. RA: OKAY. SO, YOU KNOW, AS I SAID OFTENTIMES

LIKE I'BR SEEN ON LONG ISLAND, CATHOLIC HEALTH SERVICES, THEY'VE

EXPANDING INTO A LOT OF UNDERSERVED AREAS TRYING TO PROVIDE, YOU KNOW,

ACCESS TO -- TO PEOPLE. SO WOULD THIS PREVENT -- IF THEY WERE TO DO AN

EXPANSION OR TRYING TO GO INTO A NEW AREA THAT REQUIRED A CERTIFICATE OF

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NEED OR -- OR MAYBE THEY'RE MERGING WITH SOME PRACTICE THAT CURRENTLY

DOES CERTAIN PROCEDURES THAT THEY WOULD NOT BE WILLING TO OFFER, WOULD

THIS PREVENT THEM FROM GOING FORWARD WITH THAT TYPE OF MERGER?

MS. CLARK: THIS IS -- THIS ISN'T ABOUT PREVENTING,

THIS IS ABOUT UNDERSTANDING AND MAKING SURE THAT IT'S VERY CLEAR AROUND

REPRODUCTIVE HEALTH AND WHAT'S HAPPENING, BUT IT DOESN'T PREVENT

ANYTHING.

MR. RA: WOULD -- WOULD THEIR CERTIFICATE OF NEED

APPLICATION, THOUGH, BE DENIED AS A RESULT OF THE FACT THAT THEY ARE A

FAITH-BASED INSTITUTION THAT DOESN'T PERFORM CERTAIN TYPES OF

PROCEDURES?

MS. CLARK: THAT WOULD BE UP TO THE

COMMISSIONER, BUT THIS IS JUST ONE OF MANY PIECES OF AN ENTIRE

ASSESSMENT. SO IF A COMMISSIONER DEEMS THAT, YOU KNOW -- I MEAN AS

THEY TAKE ALL INFORMATION ON EVERYTHING, I DON'T THINK WE SHOULD HIDE

INFORMATION FROM A COMMISSIONER.

MR. RA: SURE.

MS. CLARK: WE SHOULD BE VERY CLEAR ABOUT WHAT'S

HAPPENING, BUT IT'S STILL NOT IN AN -- IN AN ATTEMPT TO CHANGE THE PROCESS

BY WHICH THOSE APPROVALS ARE DONE.

MR. RA: WELL, I MEAN I -- I THINK IT IS -- THESE

FAITH-BASED HOSPITAL SYSTEMS I THINK ARE VERY CLEAR ON WHAT THEY'RE --

YOU KNOW, I DON'T THINK THEY'RE TRYING TO HIDE ANYTHING ABOUT WHAT

TYPES OF SERVICES THEY WILL OR -- OR WON'T OFFER. BUT THANK -- THANK YOU

FOR ANSWERING THE QUESTION.

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MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: THANK YOU, SIR. YES. SO JUST QUICKLY. I -- I

THINK THAT THIS LANGUAGE COULD -- COULD USE A VERY, YOU KNOW, JUST A

LITTLE BIT MORE CLEAR LANGUAGE. I KNOW WE'RE AT THE END OF SESSION HERE

BUT SOMETHING THAT FOR CONSIDERATION IN THE FUTURE WITH THIS IS TO MAKE

IT VERY CLEAR THAT WE'RE TALKING ABOUT SITUATIONS, YOU KNOW, THAT ONLY

REQUIRE A CERTIFICATE OF NEED BUT -- BUT ALSO JUST TO -- OUR -- OUR

FAITH-BASED HOSPITAL SYSTEMS DO A LOT OF GREAT WORK AND THEY'RE --

THEY'RE GOING INTO A LOT OF COMMUNITIES TO TRY TO MAKE SURE THAT THERE'S

ACCESS TO CARE. THERE MAY BE AREAS OF THE STATE THAT CERTAIN TYPES OF

SERVICES ARE -- ARE NOT AVAILABLE BUT -- BUT BY AND LARGE THESE TYPES OF --

THESE TYPES OF SERVICES THAT WE'RE TALKING ABOUT UNDER THIS BILL ARE

WIDELY AVAILABLE IN THIS STATE. AND I'D -- I'D HATE TO SEE SOMETHING

INHIBIT THE ABILITY OF OUR -- OF OUR FAITH-BASED HOSPITAL SYSTEMS TO GO

OUT AND -- AND EXPAND INTO -- INTO AREAS THAT ARE CURRENTLY UNDERSERVED

BECAUSE THAT IS VERY MUCH WITHIN THEIR MISSION. SO THAT IS MY CONCERN

WITH THIS BILL AND I'M GOING TO BE VOTING IN THE NEGATIVE AS A RESULT.

THANK YOU.

ACTING SPEAKER AUBRY: MR. BROWN.

MR. K. BROWN: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS?

MS. CLARK: OF COURSE.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. K. BROWN: THANK YOU. I'D JUST LIKE TO EXPAND

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UPON WHAT THE PREVIOUS MEMBER WAS ASKING IN TERMS OF FAITH-BASED.

WE HAVE FAITH-BASED HOSPITALS OPERATING ALL OVER WESTCHESTER, LONG

ISLAND. WE HAVE NOT ONLY CATHOLIC HEALTH SERVICE [SIC] BUT WE ALSO

HAVE LONG ISLAND JEWISH. MY SPECIFIC QUESTION IS, SAY YOU HAVE A

HOSPITAL SYSTEM THAT IS FAITH-BASED THAT BUYS A FACILITY THAT IS

NON-FAITH-BASED. WOULD THAT PREVENT THEM IN ANY WAY, SHAPE OR FORM

FOR ACQUIRING THAT FACILITY IF THEY WERE NOT PERFORMING THE TYPES OF

SERVICES THAT THE PREVIOUS FACILITY WAS OPERATING?

MS. CLARK: I'M PRETTY SURE FEDERAL LAW DOESN'T

ALLOW THAT. THIS ISN'T ABOUT WHETHER IT CAN OR CAN'T ACQUIRE. IT'S ABOUT

JUST BEING CLEAR ON THE INFORMATION AS THE PROCESS MOVES FORWARD.

MR. K. BROWN: SO -- SO THEY SUBMIT A CERTIFICATE

OF NEED. IT INCLUDES THE FACT THAT THEY'RE GOING TO BE TAKING OVER THIS

FACILITY. I JUST WANT TO BE CLEAR. SO THEY WOULD BE PERMITTED TO STILL

TAKE OVER THAT FACILITY AND START THEIR OPERATIONS IN ACCORDANCE WITH

THEIR MISSION STATEMENT WITHOUT ANY RUNNING AFOUL OF ANY STATE LAW AND

THIS PARTICULAR PROPOSED LAW.

MS. CLARK: IF THE COMMISSIONER APPROVES IT,

ABSOLUTELY.

MR. K. BROWN: SO WHAT STANDARDS ARE THERE FOR

THE COMMISSIONER TO DECIDE ONE WAY OR THE OTHER?

MS. CLARK: EVERYTHING IN THE HEALTH EQUITY

IMPACT ASSESSMENT THAT THERE IS HAPPENING. I THINK THEY HAVE TO TAKE

INTO ALL THE CONSIDERATIONS WHEN MAKING THEIR DECISION.

MR. K. BROWN: SO IS --

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NYS ASSEMBLY JUNE 7, 2023

MS. CLARK: THERE'S NOTHING WEIGHTED MORE OR LESS

OR ANYTHING. IT'S IN THE TOTALITY OF IT. BUT WE DO KNOW THAT IT'S REALLY

IMPORTANT TO MAKE SURE ALL THE INFORMATION IS VERY CLEAR AS THOSE

DECISIONS ARE BEING MADE.

MR. K. BROWN: WELL SIMILAR TO THE QUESTION THAT

THE RANKER ASKED BEFORE. SO LET'S SAY THE CERTIFICATE OF NEED, THEY'RE

DOING WORK THAT'S TOTALLY DIFFERENT, THEY WANT TO EXPAND. SAY THEY BUY

A FACILITY AND THEY WANT TO EXPAND THE EMERGENCY ROOM AND IT DOESN'T

HAVE ANYTHING TO DO WITH THE MATERNAL WARD AT ALL. THEY WOULD BE

PERMITTED TO DO THAT?

MS. CLARK: NOT APPLICABLE. THIS PIECE OF THAT

HEALTH EQUITY IMPACT ASSESSMENT WOULD BE NOT APPLICABLE.

MR. K. BROWN: SO, IN OTHER WORDS, THIS IS MORE OR

LESS JUST A SURVEY THEN OF WHAT SERVICES ARE BEING PROVIDED AND WILL BE

PROVIDED IN THE EVENT OF A CERTIFICATE OF NEED BEING FILED.

MS. CLARK: CORRECT.

MR. K. BROWN: OKAY. WHAT -- IS THERE ANY

ENFORCEMENT MECHANISMS? SAY -- SAY THEY DON'T FOLLOW THROUGH WITH

WHAT THEY'RE SAYING THEY'RE GOING TO DO. IS THERE ANY PENALTIES THAT THE

COMMISSIONER CAN ENFORCE?

MS. CLARK: YEAH. I MEAN IF IT'S AN INCOMPLETE OR

THEY'RE NOT -- I MEAN YOU'RE SAYING THAT THEY HAVE NOT BEEN -- THEY HAVE

NOT BEEN TRUTHFUL? WHAT ARE YOU SAYING? THAT THEY DIDN'T FILL IT OUT

OR...

MR. K. BROWN: FOR WHATEVER REASON THEY WEREN'T

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ABLE TO FULFILL, MAYBE MONETARY REASONS OR OTHERWISE OR THEY HAD A

CHANGE OF HEART.

MS. CLARK: I THINK THE COMMISSIONER -- I MEAN

THE COMMISSIONER HAS THE JURISDICTION OVER THAT TO DO, YOU KNOW,

WHATEVER -- I MEAN I THINK THOSE ARE UNDERSTANDINGS THAT -- OR THOSE ARE

THINGS UNDER THE JURISDICTION OF THE COMMISSIONER OF HEALTH TO TAKE

CARE OF AS NEEDED.

MR. K. BROWN: OKAY. AND IS THERE ANY ABILITY FOR

ANY FAITH-BASED HOSPITAL SYSTEMS TO WAIVE ANY OF THE REQUIREMENTS

UNDER THIS PROVISION?

MS. CLARK: WAIVE? I MEAN IT'S -- IT'S A PROVISION

TO FILL OUT AN ASSESSMENT OF WHAT SERVICES ARE GOING TO REMAIN, WHAT

SERVICES ARE BEING BUILT OUT. WHAT SERVICES ARE GOING TO BE REDUCED.

SO WHY WOULD THEY WAIVE -- WHY WOULD THEY WANT TO WAIVE?

MR. K. BROWN: I GUESS I'LL ASK IT A DIFFERENT WAY.

MS. CLARK: OKAY.

MR. K. BROWN: IS THERE -- THERE'S NO POSSIBLE WAY

THAT THE DEPARTMENT OF HEALTH COMMISSIONER CAN IMPOSE A FAITH-BASED

ORGANIZATION TO DO SOMETHING THAT'S NOT WITHIN ITS MISSION STATEMENT.

MS. CLARK: THIS ISN'T ABOUT IMPOSING THEM TO DO

ANYTHING. IT'S JUST AN ASSESSMENT OF WHAT THEY'RE PLANNING TO DO.

MR. K. BROWN: AND I JUST WANT -- I JUST WANT TO

CLARIFY THE BILL FOR THE RECORD.

MS. CLARK: OKAY.

MR. K. BROWN: SO THANK YOU VERY MUCH. I HAVE

139

NYS ASSEMBLY JUNE 7, 2023

NO FURTHER QUESTIONS.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. K. BROWN: SIMILAR TO THE LAST MEMBER WHO

ASKED QUESTIONS, I'M -- I'M CONCERNED ABOUT THIS BILL DIRECTLY TARGETING

AND IMPACTING FAITH-BASED HEALTHCARE SYSTEMS. WE HAVE SEVERAL THAT

OPERATE THROUGHOUT THE STATE THAT PERFORM NEEDS FOR INDIGENT PEOPLE

THROUGHOUT THE STATE. AND BASED ON THE WAY THIS BILL IS WRITTEN, I DON'T

THINK I CAN SUPPORT IT. SO I WILL BE VOTING IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE ACT ON THE 540TH

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS THAT HAVE

BEEN MENTIONED, BUT THOSE WHO SUPPORT IT CERTAINLY CAN VOTE IN FAVOR

HERE ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

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

MAJORITY CONFERENCE WILL VOTE IN THE AFFIRMATIVE. THOSE WHO WISH TO

VOTE AGAINST THE PROVISION, CAN COME TO THE CHAMBER.

ACTING SPEAKER AUBRY: THANK YOU.

140

NYS ASSEMBLY JUNE 7, 2023

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. CLARK TO EXPLAIN HER VOTE.

MS. CLARK: THANK YOU, MR. SPEAKER, AND FOR THE

OPPORTUNITY TO EXPLAIN MY VOTE. AS A MOM OF THREE, AS SOMEONE WHO

CARES DEEPLY ABOUT THE HEALTH CARE WOMEN RECEIVE IN THIS STATE, ACROSS

MY COMMUNITY AND THE MANY FACTORS THAT GO INTO IT, WE HAVE SEEN AN

ASSAULT NATIONALLY ON THE RIGHT FOR WOMEN TO MAKE CHOICES THAT THEY

WANT TO MAKE OR THAT THEY, YOU KNOW, WANT TO MAKE OVER THEIR OWN

BODIES. AND WE, IN OUR STATE, HAVE GONE TO -- WE HAVE GONE FURTHER TO

REALLY TRY TO MAKE SURE THAT WOMEN HAVE THE RIGHT -- THEIR REPRODUCTIVE

RIGHTS TO HAVE -- TO MAKE THOSE DECISIONS AND TO DO THE THINGS THAT THEY

WANT WITH THEIR OWN BODIES. AND WE'VE DONE IT STATUTORILY AND I'M

EXCITED FOR THE MOMENT WE DO IT CONSTITUTIONALLY AS WELL. GIVEN THAT,

NOT OF IT MATTERS, EXCEPT IF WE HAVE ACCESS TO THAT CARE AND, YOU KNOW,

THIS IS JUST ONE SMALL PIECE OF A LARGER HEALTH EQUITY IMPACT

ASSESSMENT. WE KNOW THERE'S DISPARITIES IN MATERNAL HEALTH AND

REPRODUCTIVE HEALTH ALL ACROSS OUR STATE AND SO MAKING SURE THAT WE

INCLUDE THAT PIECE IN HERE AROUND REPRODUCTIVE HEALTH IS REALLY, REALLY

IMPORTANT SO THAT WE KNOW THE INFORMATION. IT'S NOT -- IT'S NOT MAKING

ANYONE DO ANYTHING THAT THEY DON'T WANT TO DO. IT'S NOT A WAY TO NOT

SAY THAT THERE ARE HOSPITAL SYSTEMS THAT DO OTHER GREAT THINGS OR CARE FOR

PEOPLE, BUT WE HAVE SEEN OVER TIME THE EROSION OF CLINICS AND ACCESS TO

CARE AROUND REPRODUCTIVE HEALTH. WE HAVE TWO COUNTIES IN OUR STATE

THAT DON'T HAVE ANY ACCESS. WE HAVE EIGHT THAT ARE A TWO TO THREE HOUR

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NYS ASSEMBLY JUNE 7, 2023

DRIVE, HOSPITAL SYSTEMS ARE 70 PERCENT OF REPRODUCTIVE CARE ACCESS IN

OUR STATE. SO I JUST THINK AS WE LOOK AT HEALTH CARE AND WE LOOK AT

ACCESS TO THESE SERVICES IT'S REALLY, REALLY, REALLY IMPORTANT THAT WE HAVE

THE INFORMATION THAT WE NEED AROUND THIS WHEN IT IS APPLICABLE. SO I

JUST REALLY AM EXCITED TO SEE THIS MOVE AND VOTE IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MS. CLARK IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. BENEDETTO.

MR. BENEDETTO: MR. SPEAKER, THANK YOU SO

MUCH FOR LETTING ME INTERRUPT THE PROCEEDINGS HERE BUT WE DO HAVE A --

A SPECIAL EVENT. IT'S ALWAYS -- WE ARE BLESSED WHEN SOMEBODY IS A

GUEST IN THIS CHAMBER. AND TODAY WE ARE DOUBLY BLESSED BECAUSE IT IS

A FAMILY THAT HAS ACCOMPANIED US. AND YOU MIGHT SAY WE'RE TRIPLY

BLESSED BECAUSE OF THE THREE ZEBROWSKI CHILDREN WHO ARE ON THE FLOOR

HERE TODAY. YOU ALL ARE FAMILIAR WITH OUR COLLEAGUE, THE GOLDEN BOY

OF THE DEMOCRATIC CONFERENCE, MR. KEN ZEBROWSKI, BUT HE HAS

BROUGHT ALONG WITH HIM TODAY HIS LOVELY AND WEARY WIFE CLARE WHO

HAS JOINED US. AND WHILE THE GOLDEN BOY IS UP HERE SITTING DOWN

VOTING ON BILLS AND AT NIGHT SIPPING MINT JULEPS, SHE'S AT HOME TENDING

TO THE CHILDREN AND THE CHILDREN ARE THREE IN NUMBER. YOU HAVE THE

YOUNGEST WHO WAS BORN JUST A YEAR AGO, THE ONE-YEAR-OLD NORA WHO

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NYS ASSEMBLY JUNE 7, 2023

KEN'S HOLDING IN HIS HANDS.

(APPLAUSE)

AND -- AND THE EVER-RAMBUNCTIOUS - AND AS YOU MIGHT

GUESS - THE OUTSPOKEN KENNY, THREE YEARS OLD, WHO'S HERE LAYING DOWN

ON THE CHAIR, OKAY?

(APPLAUSE)

AND LASTLY THE VERY, VERY LOVELY AND HOW WONDERFULLY,

BEAUTIFULLY DRESSED SHE IS IN HER RAINBOW-COLORED GOWN, AND AS YOU

MIGHT SUSPECT FROM LOOKING CLOSELY AT THE GOWN, SHE IS UP HERE

CELEBRATING HER FIFTH BIRTHDAY TODAY.

(APPLAUSE/CHEERING)

SO, MR. SPEAKER, AFTER ALL OF THAT, I IMPLORE YOU,

PLEASE, WELCOME TO THE ASSEMBLY CHAMBER AND OFFER THEM THE -- OF

THE HOUSE -- THE CORDIALITIES, PLEASE.

ACTING SPEAKER AUBRY: ON BEHALF OF MR.

BENEDETTO - AND I'M NOT SO SURE WHY - THE SPEAKER AND ALL THE

MEMBERS, TO THE ZEBROWSKI FAMILY, TO ALL THREE OF THOSE BEAUTIFUL

CHILDREN, ANGELS ARE DESCENDING ON US TODAY, WE WELCOME YOU HERE,

YOU'RE FAMILY, YOU ARE ALWAYS WELCOME. PLEASE KNOW THAT YOUR

HUSBAND AND FATHER MISSES YOU WHEN HE IS HERE AND YOU ARE NOT.

TODAY HE'S HAPPY BECAUSE YOU ARE HERE AND SO IS HE. THANK YOU SO

VERY MUCH. KNOW YOU'RE ALWAYS WELCOME.

(APPLAUSE)

PAGE 10, RULES REPORT NO. 271, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. S05572, RULES REPORT

143

NYS ASSEMBLY JUNE 7, 2023

NO. 271, SENATOR GOUNARDES (BURGOS -- A06796). AN ACT TO AMEND

THE LABOR LAW, IN RELATION TO INCREASING THE EARNINGS THRESHOLD FOR THE

APPLICABILITY OF CERTAIN PROVISIONS OF LAW RELATING TO THE PAYMENT OF

WAGES.

ACTING SPEAKER AUBRY: MR. BURGOS AN

EXPLANATION IS REQUESTED, SIR.

MR. BURGOS: SURELY. SO IN 2007 WE CHANGED THE

LABOR LAW HERE IN NEW YORK STATE TO CREATE A MISDEMEANOR PENALTY

FOR EMPLOYERS WHO DID NOT PAY THEIR EMPLOYEES WITHIN 30 DAYS. WE

CREATED A THRESHOLD FOR THAT PAYMENT TO PROTECT OUR SPECIFICALLY LOWER

INCOME WORKERS, THAT THRESHOLD WAS $900 A WEEK, EQUATING TO $46,800

A WEEK [SIC]. IT'S BEEN 16 YEARS SINCE WE'VE UPDATED THAT LAW.

ACCOUNTING FOR INFLATION AND ECONOMIC FACTORS, THAT NUMBER SHOULD BE

AND HOPEFULLY WILL BE $1,300 A WEEK ACCOUNTING TO BE 6-, 7,000, $600

PER YEAR [SIC].

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. BURGOS, WILL YOU

YIELD?

MR. BURGOS: YES, SIR.

ACTING SPEAKER AUBRY: SPONSOR YIELDS, SIR.

MR. GOODELL: THANK YOU. SO THE ONLY DIFFERENCE

IS TO RAISE THE INCOME THRESHOLD; IS THAT CORRECT?

MR. BURGOS: THAT'S CORRECT.

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NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: AND DOES THAT HAVE ANY OTHER

IMPACT?

MR. BURGOS: NO OTHER IMPACT. JUST THE THRESHOLD.

MR. GOODELL: AND THAT'S ALL -- SO IT RELATES TO

DIRECTLY PAYING A DEPOSIT ON THE EMPLOYEE'S WAGE IN A BANK OR OTHER

FINANCIAL INSTITUTION?

MR. BURGOS: THAT'S CORRECT.

MR. GOODELL: THANK YOU FOR THOSE CLARIFICATIONS.

MR. BURGOS: THANK YOU FOR A -- A VERY TOUGH

DEBATE.

MR. GOODELL: WE MIGHT BE ABLE TO MAKE IT

TOUGHER. NO, THANK YOU, THOUGH. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

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.

PAGE 15, RULES REPORT NO. 436.

THE CLERK: ASSEMBLY NO. A02546, RULES REPORT

NO. 436, COLTON, RIVERA, CRUZ, AUBRY, DESTEFANO, DICKENS, HYNDMAN,

145

NYS ASSEMBLY JUNE 7, 2023

WILLIAMS, TAYLOR, JACOBSON, SEAWRIGHT, BENDETT. AN ACT TO AMEND THE

VEHICLE AND TRAFFIC LAW, IN RELATION TO PARKING INFRACTIONS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: SO CURRENTLY IF THERE IS A DEFECTIVE

PARKING TICKET THAT'S ISSUED TO SOMEBODY, THE OWNER OF THE VEHICLE CAN

APPLY TO THE COURT TO HAVE THE PARKING TICKET DISMISSED ON THE GROUNDS

OF IT'S DEFECTIVE. WHAT THIS BILL WOULD DO IS SAY THAT THE COURT MUST

DISMISS IT ON ITS OWN IF THE COURT THINKS THAT THE PARKING TICKET IS

ILLEGIBLE OR OTHERWISE DEFECTIVE. AND THE PROBLEM IS THAT THIS WOULD

PUT A NEW BURDEN ON THE COURT TO INDEPENDENTLY, ON ITS OWN WITH NO

STAFF, ASSISTANCE OR ANYTHING ELSE, REVIEW THE ADEQUACY AND LEGIBILITY OF

EVERY PARKING TICKET. AND THAT'S WHY THE OFFICE OF THE NEW YORK CITY

MAYOR SAID THIS MANDATE MAY QUICKLY BECOME DIFFICULT FOR A BUREAU TO

ENFORCE DEPENDING ON THE VOLUME OF VIOLATIONS. SO THE RESPONSIBILITY

TO ASK FOR THE DISMISSAL OUGHT TO BE ON THE PERSON WHO GETS THE PARKING

TICKET. AND WHO BETTER TO CHECK TO SEE IF THE PARKING TICKET IS LEGIBLE

OR CORRECT AND WHETHER OR NOT THE CAR WAS ILLEGALLY PARKED OR NOT THAN

THE OWNER OF THE CAR. AND SO FOR THAT SIMPLE REASON, I RECOMMEND

AGAINST THIS BILL. CERTAINLY, IF YOU GET A PARKING TICKET AND IT'S ILLEGIBLE

OR DEFECTIVE, YOU SHOULD ASK FOR IT TO BE DISMISSED. BUT IN THE

MEANTIME, YOU SHOULDN'T EXPECT THE COURT TO EXAMINE ALL YOUR TRAFFIC

TICKETS OR PARKING CITATIONS AND DISMISS IT FOR YOU ON ITS OWN. FOR THAT

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NYS ASSEMBLY JUNE 7, 2023

REASON I'LL BE OPPOSING IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: PARTY VOTE HAS BEEN

REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE RECOMMENDS AGAINST PARKING ILLEGALLY, BUT THAT'S NOT THIS

BILL. GENERALLY WE'RE OPPOSED TO THIS BILL, BUT THOSE WHO SUPPORT IT ARE

CERTAINLY ENCOURAGED TO VOTE IN FAVOR OF IT; THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME WHO DECIDE TO

BE AN EXCEPTION. THEY SHOULD FEEL FREE TO VOTE AT THEIR DESKS. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU BOTH.

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.

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NYS ASSEMBLY JUNE 7, 2023

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. ON BEHALF OF OUR MEMBER FAHY, I WOULD LIKE TO WELCOME

SOME GUESTS TO OUR CHAMBERS IF YOU WOULD, PLEASE. WE HAVE ANNA

PENG [SIC], SHE IS THE GIRLFRIEND OF THE LATE SON OF MEMBER FAHY,

BRENDAN FAHY BEQUETTE. WE HAVE MUSA KANNEH, THE FRIEND, THE BEST

FRIEND OF BRENDAN FAHY BEQUETTE, AND WAYNE BEQUETTE, HUSBAND AND

BRENDAN'S FATHER. IF YOU WOULD BE SO KIND, MR. SPEAKER, AS TO

WELCOME THESE VERY DISTINGUISHED GUESTS TO OUR CHAMBERS, OFFER THEM

THE CORDIALITIES OF THE HOUSE ON BEHALF OF MS. FAHY, AS WELL AS ALL OF

US.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, MS. FAHY, THE SPEAKER AND ALL THE MEMBERS,

WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. YOU ARE OUR

FAMILY. YOU ALWAYS HAVE PRIVILEGES OF THE FLOOR. THANK YOU FOR

COMING AND SHARING THIS DAY WITH US. THANK YOU FOR SHARING THIS TIME

WITH MS. FAHY WHO WE ALL SHARE LOVE AND AFFECTION FOR HER JUST AS YOU

DO. THANK YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

NOW CONTINUE ON OUR DEBATE LIST. WE ARE GOING TO GO TO RULES REPORT

NO. 475 BY MS. WEINSTEIN; FOLLOWED BY RULES REPORT NO. 566 BY MR.

TAYLOR AND THEN TO RULES REPORT NO. 428 BY MS. ROZIC; FOLLOWED BY

RULES REPORT NO. 332 MR. STIRPE AND RULES REPORT NO. 229 BY MR.

RIVERA. IN THAT ORDER. THANK YOU, MR. SPEAKER.

148

NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

PAGE 17, RULES REPORT NO. 475, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07351, RULES REPORT

NO. 475, WEINSTEIN, DINOWITZ, GIBBS. AN ACT TO AMEND THE CIVIL

PRACTICE LAW AND RULES, THE BUSINESS CORPORATION LAW, THE GENERAL

ASSOCIATIONS LAW, THE LIMITED LIABILITY COMPANY LAW, THE

NOT-FOR-PROFIT CORPORATION LAW AND THE PARTNERSHIP LAW, IN RELATION

TO CONSENT TO JURISDICTION BY FOREIGN BUSINESS ORGANIZATIONS AUTHORIZED

TO DO BUSINESS IN NEW YORK.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WEINSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED, AND MS. WEINSTEIN AN EXPLANATION IS REQUESTED.

MS. WEINSTEIN: WELL, FIRST LET ME JUST SAY THIS IS

NOT A BUDGET BILL, BUT IT'S ALWAYS A PLEASURE, MR. GOODELL, TO SPEAK WITH

YOU, DEBATE WITH YOU.

THIS BILL IS A LEGISLATIVE RESPONSE TO THE U.S.

SUPREME COURT'S 2014 HOLDING IN DAIMLER WHICH REPRESENTED A MAJOR

CHANGE IN HOW NEW YORK JURISDICTION IS OBTAINED OVER FOREIGN,

MEANING A NON-NEW YORK CORPORATION IN THE COURTS OF THIS STATE. IN

DAIMLER THE COURT HELD THAT A CORPORATION -- SUPREME COURT HELD THAT A

CORPORATION COULD ONLY BE SUED IN A STATE IF THEY WERE, IN QUOTES, "AT

HOME IN THAT STATE." AND PRIOR TO DAIMLER, THE U.S. SUPREME COURT

AND THE NEW YORK STATE COURT OF APPEALS HOLDINGS PERMITTED A STATE

TO ACQUIRE JURISDICTION OVER A CORPORATION IF THEY HAD ESTABLISHED

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NYS ASSEMBLY JUNE 7, 2023

CERTAIN MINIMUM CONTACTS WITH THE STATE WHICH COULD BE DEMONSTRATED

IF CORPORATIONS SYSTEMATICALLY DID BUSINESS IN THE STATE. THUS, THIS U.S.

SUPREME COURT DECISION HAS SIGNIFICANTLY RAISED THE BAR ON WHETHER A

CORPORATION BE CALLED TO ACCOUNT FOR ITS ACTIONS BEFORE THE COURTS OF THIS

STATE. AND FROM A BUSINESS PERSPECTIVE, THIS COURT DECISION IS PROVING

TO BE HIGHLY PROBLEMATIC. NEW YORK STATE BUSINESSES LIKE TO HAVE

REASONABLE EXPECTATIONS THAT WHEN THEY DO BUSINESS WITH A FOREIGN

CORPORATION, IF THINGS GO WRONG IN A BUSINESS DEAL THEY WILL NOT HAVE --

HAVE TO LITIGATE AGAINST A CORPORATION IN SOME OUT-OF-STATE VENUE WHERE

THAT CORPORATION HAS CHOSEN ITS HEADQUARTERS. INDEED, THIS MAY EVEN

PLACE DOMESTIC CORPORATIONS AT A FUNCTIONAL AND PRACTICAL DISADVANTAGE

OVER FOREIGN CORPORATIONS IF THEY CANNOT SEEK REDRESS IN NEW YORK.

AND FROM A CONSUMER'S PERSPECTIVE IT'S EVEN WORSE. FORCING A

CONSUMER TO HAVE TO CHASE DOWN A FOREIGN CORPORATION IN ANOTHER

STATE, EVEN THOUGH THAT CORPORATION SYSTEMATICALLY SELLS GOODS OR

SERVICES IN NEW YORK, IS FUNDAMENTALLY UNFAIR. SO THE BILL BEFORE YOU

SIMPLY SAYS THAT IF YOU SEEK AND OBTAIN AUTHORITY TO DO BUSINESS IN THE

STATE OF NEW YORK FROM THE SECRETARY OF STATE, YOU HAVE BEEN DEEMED

TO CONSENT TO JURISDICTION IN THE STATE OF NEW YORK. AND IT'S ONLY

LOGICAL FOR BUSINESS IF THEY'RE ABLE TO SUE IN NEW YORK STATE, THAT THEY

MUST -- AND THEY HAVE TO OBTAIN THAT AUTHORITY FROM THE SECRETARY OF

STATE TO BE ABLE TO SUE IN NEW YORK STATE THEN AS PER THE LOGIC OF THIS

BILL. IF THEY CAN SUE, THEY SHOULD BE ABLE TO BE SUED. WITH THAT, MR.

GOODELL, HAPPY TO ANSWER ANY QUESTIONS.

ACTING SPEAKER AUBRY: MR. GOODELL.

150

NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

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

MENTIONED THE DAIMLER CASE AND IT'S MY UNDERSTANDING THAT WHAT THAT

CASE SAID IS THAT IN ORDER TO SUE ANOTHER PARTY, ANOTHER CORP -- TO SUE A

CORPORATION IN A PARTICULAR STATE, THAT CORPORATION ITSELF OR THAT ACTION

HAD TO HAVE SOME NEXUS TO THE STATE WHERE THE LAWSUIT IS COMMENCED,

CORRECT?

MS. WEINSTEIN: YES, BASICALLY.

MR. GOODELL: AND SO IN OTHER WORDS, USING THAT

CASE, YOU COULDN'T SUE DAIMLER IN NEW YORK UNLESS THE CAUSE OF ACTION

AROSE IN NEW YORK. IN OTHER WORDS UNLESS DAIMLER DID SOMETHING

HERE IN NEW YORK STATE, CORRECT?

MS. WEINSTEIN: OR IF THIS WAS THE -- THE STATE'S

HOME UNDER -- SO SPECIFIC JURISDICTION OF -- OF DAIMLER IF THE EVENT

TOOK PLACE IN NEW YORK STATE AND IF THEY WERE -- IF THEIR HEADQUARTERS

WAS IN NEW YORK STATE THERE'D BE GENERAL JURISDICTION, YES.

MR. GOODELL: NOW, OF COURSE, UNDER NEW YORK

STATE LAW A CORPORATION CAN'T SUE A NEW YORK RESIDENT UNLESS THEY'RE

REGISTERED TO DO BUSINESS IN NEW YORK STATE. IT'S ONE OF THE CRITERIA FOR

EVEN GETTING ACCESS TO THE COURT, CORRECT?

MS. WEINSTEIN: CORRECT.

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NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: AND SO YOU CAN HAVE SITUATIONS

WHERE SOMEONE BUYS A PRODUCT FROM A CORPORATION IN PENNSYLVANIA OR

OUTSIDE THE STATE. THEY BRING THAT PRODUCT ACROSS THE STATE LINE. THEY

DON'T PAY FOR IT OR THEY DON'T PAY COMPLETELY FOR IT OR WHATEVER. THE

FOREIGN CORPORATION IN ORDER TO SUE THE NEW YORK RESIDENT WHO BOUGHT

THE PRODUCT IN PENNSYLVANIA STILL HAS TO REGISTER IN NEW YORK IN ORDER

TO BRING THE LAWSUIT IN NEW YORK, CORRECT?

MS. WEINSTEIN: YES, THOUGH, IT'S NOT WITH -- YOU

KNOW, IT'S NOT WHAT THIS BILL IS ABOUT, BECAUSE I WOULD JUST TAKE YOUR

EXAMPLE ONE STEP FURTHER AND THAT NEW YORK RESIDENT COMES BACK TO

NEW YORK WITH THIS PRODUCT THEY BOUGHT IN A DIFFERENT STATE AND A

COMPANY THAT'S HEADQUARTERS OUT OF NEW YORK STATE AND THE PRODUCT IS

DEFECTIVE OR SOMEONE GETS INJURED. IN ORDER TO SUE THE MAKER OF THAT

PRODUCT UNDER DAIMLER, IT WOULD BE DIFFICULT. BUT UNDER THIS

LEGISLATION IT WOULD MAKE CLEAR THAT OUR STATE LAW IF THAT COMPANY WAS

REGISTERED TO BE ABLE TO SUE THAT PERSON IN NEW YORK STATE THAT THEY

ALSO CAN BE THEMSELVES SUED IN NEW YORK STATE.

MR. GOODELL: AND INDEED THAT'S EXACTLY WHAT

HAPPENED IN DAIMLER, RIGHT? I MEAN THE COMPANY SOLD A PRODUCT, THAT

PRODUCT WAS TAKEN BY THE CONSUMER ACROSS STATE LINES. THE COMPANY

ITSELF HAD NO OTHER CONNECTION WITH THAT STATE OTHER THAN THE CONSUMER

HAD TO TRAVEL THERE AND THEN THE CONSUMER SUED THE COMPANY, CORRECT?

MS. WEINSTEIN: YES, YES.

MR. GOODELL: AND THE SUPREME COURT SAID,

SORRY. UNDER THE U.S. CONSTITUTION YOU CAN'T SUE A COMPANY ANYWHERE

152

NYS ASSEMBLY JUNE 7, 2023

YOU WANT, YOU HAVE TO SUE THEM WHERE THE COMPANY HAS SOME

CONNECTION, CORRECT?

MS. WEINSTEIN: YES, THAT'S CORRECT. BUT AS RELATES

TO NEW YORK -- WELL, FIRST AND -- AND THIS LEGISLATION, THE ISSUE OF

CONSENT TO JURISDICTION WAS NOT A SUBJECT MATTER OF THE DAIMLER -- IT

WAS NOT A SUBJECT OF THE DAIMLER CASE. SO THIS ISSUE THAT WE'RE TRYING

TO ADDRESS NOW, THIS CLARIFICATION REALLY OF NEW YORK LAW IS -- WAS NOT

ADDRESSED BY DAIMLER. BUT SUBSEQUENT TO DAIMLER, WE'VE SEEN COURTS

APPLY DAIMLER TO DENY NEW YORK CITIZENS AND NEW YORK BUSINESSES

BASED HERE THE ABILITY TO SUE CORPORATIONS THAT DO BUSINESS HERE IN NEW

YORK, BUT ARE HOUSED OUT -- OUTSIDE OF NEW YORK. AND PRIOR TO

DAIMLER, THE -- IT WAS READILY ACKNOWLEDGED THAT OUR LAW BASICALLY

GRANTED CONSENT JURISDICTION BY CORPORATIONS ONCE THEY REGISTERED IN --

IN NEW YORK STATE. AND IN FACT, JUDGE WILSON, NOW CHIEF JUDGE

WILSON IN THE DISSENT IN AYBAR IN 2021, ACTUALLY SAID FOR MORE THAN A

CENTURY COURTS AND COMMENTATORS HAVE WIDELY UNDERSTOOD THAT BY

REGISTERING TO DO BUSINESS IN NEW YORK A CORPORATION CONSENTS TO

PERSONAL JURISDICTION IN OUR COURTS. SO ACTUALLY AT THE TIME THAT THIS

CASE OF AYBAR WAS BROUGHT BEFORE OUR COURT OF APPEALS, JUDGE WILSON

AGAIN, NOW CHIEF JUDGE, DIDN'T EVEN THINK THAT WE NEEDED THIS

CLARIFICATION OF -- THAT WE ARE -- WE PUT IN -- WE WILL PUT IN THE LAW BY

THE PASSAGE OF THIS BILL ONCE IT WOULD BE SIGNED INTO LAW.

MR. GOODELL: AND, OF COURSE, SADLY FOR THE CHIEF

JUDGE, IT TURNS OUT HE WAS WRONG, BECAUSE OTHERWISE WE WOULDN'T BE

HERE TALKING ABOUT THIS, BUT CAN I --

153

NYS ASSEMBLY JUNE 7, 2023

MS. WEINSTEIN: THIS ISN'T --

MR. GOODELL: -- ASK YOU ABOUT --

MS. WEINSTEIN: SURE. I'M JUST SAYING THAT THIS IS,

I BELIEVE, THE CLARIFICATION AND REASSERTION OF OUR STATE -- OF WHAT HAS

BEEN OUR STATE LAW NOW FOLLOWING THE DAIMLER DECISION, AND BAD

DECISIONS THAT HAVE FOLLOWED FOLLOWING DAIMLER.

MR. GOODELL: SO WE HAVE A -- A NUMBER OF

DECISIONS THAT RULED ON THIS PARTICULAR ISSUE. THIS ISSUE BEING, IS

MERELY FILING A REQUEST FOR AUTHORITY TO DO BUSINESS ENOUGH TO GIVE

JURISDICTION ON UNRELATED CLAIMS? THAT IS CLAIMS THAT DID NOT ARISE OF

ANY ACTION BY THE DEFENDANT IN NEW YORK. SO WE HAVE BROWN VS.

CVS SAYING A CONNECTICUT STATUTE THAT CONFERRED OUT-OF-STATE

JURISDICTION BASED ON REGISTRATION WAS UNCONSTITUTIONAL. ISN'T THAT

EXACTLY WHAT THIS TRIES TO DO?

MS. WEINSTEIN: WELL, THERE ARE -- SO FAR, YOU

KNOW, THERE ARE STATES WHERE - OR AT LEAST IN GEORGIA - WHERE THEIR

SUPREME COURT SAID TO THE CONTRARY, THAT THEY SAID REGISTRATION IN FACT

WAS CONSENT.

MR. GOODELL: WELL, I MEAN THAT'S NOT THE ONLY

CASE. WE HAVE AS ASTRAZENECA VS. MYLAN PHARMS. WE HAVE GOLF

COURSE BANK & TRUST VS. DESIGNATED [SIC] CONVEYOR. WE HAVE PEREZ

VS. AIR VS. LIQUID SYSTEMS [SIC]. I MEAN ALL OF THEM SAY THE SAME

THING, THAT MERE REGISTRATION IS INSUFFICIENT TO ESTABLISH JURISDICTION.

MS. WEINSTEIN: THAT -- THAT IS OTHER COURTS AND I

DO BELIEVE, AS I THINK YOU KNOW, THAT THIS ISSUE WILL ULTIMATELY BE

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NYS ASSEMBLY JUNE 7, 2023

DECIDED BY THE U.S. SUPREME COURT, PERHAPS SHORTLY. BUT THAT'S NOT A

REASON FOR US NOT TO REINSTATE WHAT THE LAW WAS PRIOR TO DAIMLER IN

NEW YORK STATE.

MR. GOODELL: OKAY. SO THE REASON OF COURSE THE

DAIMLER DECISION THAN A HALF DOZEN OTHER FEDERAL COURTS HAVE ALL RULED

THAT THERE'S INSUFFICIENT FOR JURISDICTION IS BECAUSE YOU CAN HAVE A

SITUATION WHERE A COMPANY SAY IN ALASKA SELLS A PRODUCT IN ALASKA, HAS

ALMOST NOTHING TO DO WITH NEW YORK STATE OTHER THAN THE FACT IT FILES

FOR AUTHORIZATION TO DO BUSINESS. THIS LEGISLATION WILL GIVE SOMEBODY

A NEW YORK RESIDENT THE RIGHT TO SUE THE ALASKAN CORPORATION IN NEW

YORK?

MS. WEINSTEIN: IF -- IF THEY REGISTER TO DO

BUSINESS IN NEW YORK AND THEY IN FACT ARE DOING BUSINESS IN NEW

YORK AND SAID WE WANT TO BE ABLE TO SUE NEW YORKERS WHO USE OUR

PRODUCT THEN THE REVERSE SHOULD BE TRUE. THAT NEW YORKERS SHOULD BE

ABLE TO SUE THE ALASKAN COMPANY WHEN THERE'S -- WHEN THEY'RE HERE.

MR. GOODELL: SO OF COURSE WHEN SOMEONE BRINGS

A LAWSUIT IN NEW YORK, THEY'RE OBVIOUSLY CONSENTING TO JURISDICTION

NOT FOR THAT LAWSUIT, I MEAN THEY'RE -- THEY'RE BRINGING A LAWSUIT. AND

SO YOU'RE SAYING THE ONLY WAY A FOREIGN CORPORATION FROM MANY OF THE

OTHER STATES - WHETHER IT'S ALASKA OR WHEREVER - CAN BRING AN ACTION

AGAINST A NEW YORK RESIDENT IS IF THEY CONSENT TO HAVING ANY NEW

YORK RESIDENT SUE THEM IN RETURN; IS THAT CORRECT? THAT'S THE WHOLE

PURPOSE OF THIS, RIGHT?

MS. WEINSTEIN: THAT ONE BASIS OF -- OF

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NYS ASSEMBLY JUNE 7, 2023

JURISDICTION. THERE OBVIOUSLY ARE OTHER BASES OF JURISDICTION AND

GENERAL JURISDICTION AND -- AND SPECIFIC JURISDICTION, BUT WHAT IF -- YOU

KNOW, AGAIN, THE CORPORATION WANTS THE ABILITY TO SUE NEW YORKERS,

NEW YORKERS SHOULD HAVE THE ABILITY TO SUE THAT CORPORATION.

MR. GOODELL: NO MATTER WHERE THAT CORPORATION

MIGHT BE AND WHETHER OR NOT IT EVER DID ANY BUSINESS AT ALL IN NEW

YORK, CORRECT?

MS. WEINSTEIN: WELL, IF IT'S REGISTERED TO -- IF THEY

REGISTERED WITH THE SECRETARY OF STATE TO DO BUSINESS IN NEW YORK,

PRESUMABLY THEY'RE LOOKING TO DO BUSINESS IN NEW YORK. WE'RE A VERY

LARGE STATE WITH LOTS OF BUSINESSES AND CONSUMERS THAT PROBABLY WANT

THAT -- THAT ALASKAN COMPANY WANTS TO SELL PRODUCTS OR SERVICES TO.

MR. GOODELL: NOW, WE'VE RECEIVED AN EXTENSIVE

LEGAL MEMORANDUM FROM THE NEW YORK CITY BAR ASSOCIATION, SINGLE

SPACED, RUNS FIVE PAGES LONG.

MS. WEINSTEIN: OH, YOU KNOW LAWYERS.

MR. GOODELL: OF COURSE. BUT WHEN THE NEW

YORK CITY BAR ASSOCIATION DOES THAT, I DON'T THINK THEY'RE PAYING

LAWYERS, I THINK IT'S VOLUNTEER. BUT IN ANY EVENT, IS IT YOUR VIEW THAT

THEIR WELL RESEARCHED AND DOCUMENTED ANALYSIS IS SIMPLY WRONG ON THE

ILLEGALITY AND UNCONSTITUTIONALLY OF THIS PROPOSED LEGISLATION?

MS. WEINSTEIN: YES. YES, I DO.

MR. GOODELL: OKAY.

MS. WEINSTEIN: AND -- AND --

MR. GOODELL: WE MIGHT AS WELL CUT TO THE

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NYS ASSEMBLY JUNE 7, 2023

CHASE --

MS. WEINSTEIN: --AND -- AND --

MR. GOODELL: -- (INAUDIBLE) ALL NEW YORK CITY

BAR ASSOCIATION PEOPLE WHO WOULD BENEFIT BY THE WAY FROM THIS BILL --

MS. WEINSTEIN: WELL, THEY WE CAN --

MR. GOODELL: -- (INAUDIBLE) WHEN THEY SAY YEAH

YEAH, WE'D LIKE TO BE ABLE --

MS. WEINSTEIN: AND WE COULD GO --

MR. GOODELL: -- TO SUE ANYONE ANYWHERE BUT WE

DON'T THINK WE CAN DO IT CONSTITUTIONALLY.

MS. WEINSTEIN: SO, MR. GOODELL, THEN WE CAN GO

BACK TO OUR DISCUSSION OF TWO YEARS AGO WHEN I SAY TO YOU THAT THE

OCA, CIVIL PRACTICE COMMITTEE, MADE UP OF 38 REALLY NATIONALLY

(INAUDIBLE) -- IN SOME CASES NATIONALLY-RENOWNED EXPERTS DISAGREE

WITH THE CITY BAR'S POSITION AND FEEL THAT THIS LEGISLATION IS NEEDED AND

CONSTITUTIONAL.

MR. GOODELL: AND INDEED THIS IS ACTUALLY AN

OCA PROGRAM BILL.

MS. WEINSTEIN: CORRECT.

MR. GOODELL: AND I WANTED TO REASSURE ALL MY

COLLEAGUES THAT YOU WEREN'T NECESSARILY THE DRAFTSMAN ON THIS BILL. AND

OCA STANDS FOR OUT OF CONTROL COURT ADMINISTRATORS?

MS. WEINSTEIN: WELL, I WOULD SAY THAT I WAS

INTERESTED IN INTRODUCING LEGISLATION IN THIS ISSUE WHEN I CHAIRED THE

JUDICIARY COMMITTEE AND THE DECISION CAME OUT. AND AT THE SAME TIME

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NYS ASSEMBLY JUNE 7, 2023

THAT WE WERE RESEARCHING OUR OWN INTRODUCTION OF LEGISLATION, THE COURT

ADMINISTRATION FORWARDED THEIR -- WE CONSULTED WITH THE CPLR

ADVISORY COMMITTEE TO THE CHIEF JUDGE AND THEY VETTED THE ISSUE

AMONGST THEIR -- THEMSELVES AND THESE LEARNED INDIVIDUALS - I'LL REFRAIN

FROM CHARACTERIZING WHAT THE OCA STANDS FOR - BUT THE MEMBERS OF THE

ADVISORY COMMITTEE OF THE OFFICE OF COURT ADMINISTRATION CAME UP

WITH THIS, I BELIEVE, WELL-REASONED APPROACH TO RESTORING SOME JUSTICE

FOR NEW YORKERS AND NEW YORK CORPORATIONS.

MR. GOODELL: THANK YOU VERY MUCH, MS.

WEINSTEIN.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I -- I POINTED OUT THAT THIS IS AN

OCA PROGRAM BILL AS A COURTESY TO MY COLLEAGUE SO THAT NONE OF MY

COMMENTS MIGHT IN ANY WAY REFLECT ADVERSELY ON HER. ALTHOUGH I WILL

SHARE WITH YOU THAT IN MY OPINION THE ABSOLUTELY WORST BILLS I HAVE

EVER SEEN IN MY ENTIRE LIFE HAVE COME FROM OCA. AND UNFORTUNATELY I

ONLY HAVE LIKE 20 MINUTES LEFT IF I TAKE AN EXTRA 15 TO JUST LIST THE

HORRIFIC BILLS WE GET FROM OCA. I MEAN THEY JUST ARE MIND-BOGGLING IN

THEIR ABSURDITY AND SOMETIMES HORRIFIC RESULTS THAT THEY ARE SUGGESTING.

BUT SEPARATE FROM MY LACK OF RESPECT FOR OCA, AND THERE'S A WHOLE LIST

OF OTHER ACRONYISMS [SIC] THAT I WOULD COME UP WITH FOR OCA OTHER

THAN OUT OF CONTROL COURT ADMINISTRATORS, THAT'S THE NICEST ONE I COULD

SAY IN POLITE COMPANY. THE FUNDAMENTAL PROBLEM WITH THIS BILL IS THAT

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NYS ASSEMBLY JUNE 7, 2023

NOT ONLY HAS THE U.S. SUPREME COURT RULED ON THIS ISSUE, BUT SEVERAL

OTHER FEDERAL COURTS HAVE RULED ON EXACTLY THIS ISSUE. NOW I HAVEN'T

TAKEN THE TIME TO SEND COPIES OF THOSE CASES TO THE OCA WITH A SIMPLE

SUMMARY IN EIGHTH GRADE ENGLISH SO THAT THEY COULD UNDERSTAND IT, BUT

THE FUNDAMENTAL PREMISE FOR ALL OF US IN THIS CHAMBER IS VERY SIMPLE.

YOU CANNOT BRING A LAWSUIT IN NEW YORK AGAINST A NEW YORK RESIDENT

IN A NEW YORK COURT UNLESS YOU'RE AUTHORIZED TO DO BUSINESS IN NEW

YORK, IT'S A SIMPLE FORM. AND THAT'S TO PROTECT NEW YORK RESIDENTS.

AND MOST ASSUREDLY IF YOU'RE A NEW YORK RESIDENT, THE NEW YORK

COURT IS GOING TO HAVE JURISDICTION OVER YOU. IF YOU LIVE IN THE STATE,

THE NEW YORK COURT IS GOING TO HAVE JURISDICTION BUT YOU HAVE TO FILE

THAT REGISTRATION DOCUMENT IF YOU'RE A FOREIGN CORPORATION TO SUE IN

NEW YORK. BUT WHAT THIS BILL SAYS IS IF YOU'RE IN NEW YORK AND A

FOREIGN CORPORATION THAT HAS DONE ABSOLUTELY NOTHING WHATSOEVER IN

NEW YORK STATE EVER SINCE THE BEGINNING OF TIME TO TODAY CAN BE SUED

IN NEW YORK FOR SOMETHING THAT HAPPENED IN SOME OTHER STATE MERELY

IF THEY FILE THAT FORM. SO LET ME TELL YOU WHAT THIS WILL MEAN AS

POINTED OUT BY THE BUSINESS COUNCIL AND THE NEW YORK BANKERS

ASSOCIATION AND THE LAWSUIT REFORM ALLIANCE AND THE NEW YORK CITY

BAR ASSOCIATION, WHAT IT MEANS IS THAT FOREIGN CORPORATIONS WON'T EVEN

FILE IN NEW YORK, AND THEY WILL BE EXTRAORDINARILY RELUCTANT TO MAKE

SALES IN NEW YORK IF IT INVOLVES EXTENSION OF ANY SIGNIFICANT CREDIT

BECAUSE OF THIS POTENTIAL FOR LIABILITY. WE ARE ALREADY RECOGNIZED

NATIONALLY AND INTERNATIONALLY FOR OUR HOSTILITY TO BUSINESSES. WE DON'T

HAVE TO MAKE IT WORK -- WORSE BY FILING THE FEDERAL COMMERCE CLAUSE

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NYS ASSEMBLY JUNE 7, 2023

AND MULTIPLE FEDERAL CASES BY EXPOSING THESE CORPORATIONS TO

UNLIMITED LAWSUITS IN NEW YORK STATE OVER TRANSACTIONS THAT HAVE

ABSOLUTELY NOTHING TO DO WITH NEW YORK STATE AT ALL. AND SO THIS WILL

UNDOUBTEDLY RESULT IN COMPANIES LEAVING NEW YORK STATE. IT WILL

ENCOURAGE OUT-OF-STATE LITIGATION. AND EVEN THOUGH IT WOULD

ENCOURAGE OUT-OF-STATE LITIGATION THAT WOULD BE BENEFICIAL TO THE NEW

YORK STATE BAR ASSOCIATION, IN A RARE MOVE OF HONESTY AND INTEGRITY,

THE NEW YORK STATE BAR ASSOCIATION ITSELF HAS SAID THAT EVEN THOUGH

WE WOULD BENEFIT FINANCIALLY FROM THIS TYPE OF LEGISLATION, IT IS

UNCONSTITUTIONAL AND SHOULD NOT BE ADOPTED. THANK YOU AGAIN TO MY

COLLEAGUE FOR YOUR GRACIOUSNESS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. SURPRISINGLY THE

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS BUT THERE MAY BE

THOSE WHO WOULD LIKE TO SUPPORT IT AND CAN DO SO BY VOTING HERE ON THE

FLOOR IN FAVOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD

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NYS ASSEMBLY JUNE 7, 2023

DESIRE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AND VOTE AT

THEIR SEAT. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER LUNSFORD: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 19, RULES REPORT NO. 566, THE CLERK WILL READ.

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 POPULATION OF ONE MILLION OR MORE.

ACTING SPEAKER LUNSFORD: ON A MOTION BY

THE SENATE -- ON A MOTION BY MR. TAYLOR, THE SENATE BILL IS BEFORE THE

HOUSE. THE SENATE BILL IS ADVANCED.

AN EXPLANATION IS REQUESTED, MR. TAYLOR.

MR. TAYLOR: THANK YOU, MADAM SPEAKER. THIS

BILL IS A CLEAN UP OF PART K OF THE BUDGET. PART K CREATED A UNIFORM

DEFINITION OF INCOME FOR THE SCRIE, DRIE, DHE, SCHE PROGRAMS TO

SIMPLIFY THE PROCESS FOR SENIORS WHEN THEY ARE APPLYING FOR THESE

PROGRAMS. IT HAS BEEN BROUGHT TO OUR ATTENTION THAT THE CHANGE IN

DEFINITION THAT WAS AGREED UPON IN PART K MAY HAVE INADVERTENTLY

CAUSED SOME CURRENT NEW YORK CITY RESIDENTS RECIPIENTS TO SEE A

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REDUCTION IN THEIR CURRENT BENEFITS. THIS BILL WILL ENSURE THAT NO NEW

YORK CITY RESIDENTS LOSES HIS OR HER BENEFIT OR SEES A REDUCTION IN THEIR

BENEFITS AS A RESULT OF THE CHANGE OF DEFINITION OF INCOME.

ACTING SPEAKER LUNSFORD: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

WOULD THE SPONSOR YIELD?

ACTING SPEAKER LUNSFORD: WILL THE SPONSOR

YIELD?

MR. TAYLOR: YES.

ACTING SPEAKER LUNSFORD: AFTER SOME

CONSIDERATION THE SPONSOR HAS DECIDED TO YIELD.

MR. GOODELL: THANK YOU, MR. TAYLOR.

MR. TAYLOR: THANK YOU.

MR. GOODELL: TO BE HONEST WITH YOU WE DON'T

NORMALLY USE THOSE PHRASES WHERE I LIVE; A SCRIE, DRIE, SCHE,

DHE.

MR. TAYLOR: OKAY.

MR. GOODELL: BUT ALL OF THESE ARE INCOME-BASED

PROGRAMS, ARE THEY NOT?

MR. TAYLOR: CORRECT.

MR. GOODELL: AND WHAT'S THE INCOME THRESHOLD

FOR THESE DIFFERENT PROGRAMS? ARE THEY BASED ON FAMILY SIZE AS WELL?

MR. TAYLOR: $50,000.

MR. GOODELL: $50,000?

MR. TAYLOR: YES.

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NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: AND SO IF YOU HAVE MORE THAN

50,000 YOU'RE NOT ELIGIBLE, YOU HAVE TO BE UNDER 50,000 TO BE ELIGIBLE.

MR. TAYLOR: 50,000 ACROSS THE BOARD, 50 OR LESS.

MR. GOODELL: NOW I SEE UNDER THIS REVISED

STATUTORY DEFINITION, IN CALCULATING THE INCOME OF AN APPLICANT THE

STATUTE THAT WE'RE DISCUSSING NOW --

MR. TAYLOR: YES.

MR. GOODELL: -- SUBTRACTS ANY DISTRIBUTIONS

RECEIVED FROM AN INDIVIDUAL RETIREMENT ACCOUNT AND AN INDIVIDUAL

RETIREMENT ANNUITY.

MR. TAYLOR: CORRECT. THAT'S CORRECT, SIR.

MR. GOODELL: AND THE STATUTORY LANGUAGE DOESN'T

PROVIDE ANY LIMITS OR GUIDELINES ON HOW MUCH THAT RETIREMENT INCOME

CAN BE SUBTRACTED, CORRECT?

MR. TAYLOR: IT'S WHATEVER THE CURRENT LAW SAYS AT

THIS POINT.

MR. GOODELL: SO MY QUESTION I GUESS IS LET'S SAY,

AS AN EXAMPLE, THAT YOU'RE GETTING $60,000 IN DISTRIBUTIONS FROM YOUR

IRA OR AND AN INDIVIDUAL RETIREMENT ANNUITY. SO THE AMOUNT YOU GET

FROM THE IRA AND THE ANNUITY IS WELL IN EXCESS OF THE $50,000

THRESHOLD. WHY ARE WE ALLOWING SOMEONE WHO MIGHT BE EARNING

DOUBLE OR TRIPLE THE INCOME THRESHOLD TO QUALIFY THESE PROGRAMS?

MR. TAYLOR: THANK YOU, MY APOLOGIES. CURRENT

LAW THAT ALREADY EXISTS, WE'RE NOT TOUCHING THAT IN THIS CONVERSATION, IT

ALREADY EXISTS.

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MR. GOODELL: WELL, I'M LOOKING AT THE NEW

LANGUAGE THAT'S CONTAINED ON PAGE 1, LINES 11 THROUGH 13 AS AN

EXAMPLE OR IT'S ALSO ON -- ON THE NEXT PAGE AS WELL. YOU'RE SAYING THAT

-- I MEAN IT LOOKS LIKE IT'S NEW LANGUAGE OR AM I MISSING SOMETHING?

MR. TAYLOR: JUST ONE SECOND, PLEASE.

(PAUSE)

SO THAT DOES EXIST AND IT EXISTED PREVIOUSLY AND WAS

JUST BEING ADDED IN THIS CONVERSATION OF THE BUDGET, CORRECT.

(PAUSE)

MR. GOODELL: SO, AS I UNDERSTAND IT, WE CURRENTLY

INCLUDE HOUSEHOLD INCOME, WE INCLUDE ALL SOCIAL SECURITY, SOCIAL

SECURITY SUPPLEMENTAL INSURANCE, SOCIAL SECURITY DISABILITY, SALARY,

PENSION, BUSINESS INCOME, PUBLIC ASSISTANCE BENEFITS, UNEMPLOYMENT

BENEFITS AND ALL OTHER SOURCES OF INCOME EXCEPT UNDER THIS BILL. ALL

IRA OR RETIREMENT ANNUITY INCOME. WHY IS IT THAT WE CONSIDER

OURSELVES SOCIAL SECURITY, SOCIAL SECURITY DISABILITY AND PUBLIC

PENSIONS AND EVERYTHING ELSE BUT HAVE A CARVEOUT FOR IRAS OR -- OR

RETIREMENT ANNUITIES? IS THERE A REASON WHY WE WANT TO CARVE OUT

THOSE WHILE WE INCLUDE EVERYTHING ELSE?

(PAUSE)

MR. TAYLOR: THANK YOU. MY APOLOGIES FOR THE

DELAY. SO MY UNDERSTANDING IS BECAUSE OF THE STAR PROGRAM THEY

WANTED TO MAKE SURE THAT THESE INCOMES WERE MIRRORING THE SAME

THING. SO THE STAR PROGRAM GIVES THEM THE CARVEOUT.

MR. GOODELL: OKAY. THANK YOU VERY MUCH, MR.

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NYS ASSEMBLY JUNE 7, 2023

TAYLOR.

MR. TAYLOR: THANK YOU.

MR. GOODELL: ON THE BILL, MADAM SPEAKER.

ACTING SPEAKER LUNSFORD: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THESE PROGRAMS FOR DISABLED

HOMEOWNERS' EXEMPTION, SENIOR CITIZEN HOMEOWNERS EXEMPTION,

SENIOR CITIZEN RENT INCREASE EXEMPTION AND THE DISABILITY RENT INCREASE

EXEMPTION ARE GREAT PROGRAMS, AND ALL THESE PROGRAMS HELP THOSE

GROUPS OF PEOPLE GET A REAL PROPERTY TAX BREAK, AND THAT'S A GREAT

PROGRAM. IT IS ALSO HOWEVER INCOME LIMITED. AND SO THE DEFINITION

STARTS OUT WITH YOUR ADJUSTED GROSS INCOME AND THAT ADJUSTED GROSS

INCOME INCLUDES WHAT YOU WOULD EXPECT ON YOUR FEDERAL TAX RETURN

WHETHER IT'S PENSION OR -- OR SALARY OR OTHER INCOME, BUT WHAT'S UNIQUE

ABOUT THIS PARTICULAR BILL IS FOR REASONS I'M -- I APOLOGIZE. I -- I CAN'T

UNDERSTAND, IT EXCLUDES ALL DISTRIBUTIONS FROM AN IRA OR FROM A

RETIREMENT ANNUITY. AND AS YOU KNOW WHEN YOU MAKE PAYMENTS INTO

AN IRA, THE WHOLE PURPOSE OF MAKING A PAYMENT INTO AN IRA IS TO

PROTECT YOU IN RETIREMENT BUT YOU DO IT WITH TAX EXEMPT MONEY. AND

SO YOU DON'T PAY INCOME TAX UNTIL YOU TAKE IT OUT FROM THE IRA. AND

SO IT SEEMS TO ME THAT IF YOU'RE TAKING MONEY OUT OF THE IRA AND FOR

THE FIRST TIME PAYING INCOME TAXES AND TREATING IT JUST LIKE INCOME, WE

OUGHT TO TREAT IT AS INCOME FOR THE PURPOSE OF THESE PROGRAMS AS WELL.

AND WHY DOES IT MAKE A DIFFERENCE? BECAUSE YOU COULD UNDER THIS

CARVEOUT BE RECEIVING WELL IN EXCESS OF THE INCOME THRESHOLD, WHICH

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NYS ASSEMBLY JUNE 7, 2023

MEANS YOU'RE GETTING AN UNDESERVED TAX BREAK. AND WHEN YOU GET AN

UNDESERVED TAX BREAK THAT MEANS SOMEBODY ELSE IS PAYING HIGHER

TAXES. SO I FULLY SUPPORT THE PROGRAM. I THINK IT'S A GREAT PROGRAM. I

FULLY SUPPORT THE INCOME LIMITATIONS, BUT I DON'T SUPPORT AN UNLIMITED

CARVEOUT FOR IRAS OR RETIREMENT ANNUITIES IN CALCULATING THE ELIGIBILITY

FOR THE PROGRAM.

THANK YOU, MADAM SPEAKER, AND AGAIN, THANK YOU TO

MY COLLEAGUE FOR TRYING TO GET ME UP TO SPEED ON THIS BILL. THANK YOU,

SIR.

ACTING SPEAKER LUNSFORD: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LUNSFORD: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

(PAUSE)

A PARTY VOTE HAS BEEN REQUESTED.

MR. GOODELL: YES, THANK YOU MADAM SPEAKER,

AND THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED. THOSE WHO

WISH TO SUPPORT IT CAN CERTAINLY VOTE YES HERE ON THE FLOOR. THANK YOU,

MADAM SPEAKER.

ACTING SPEAKER LUNSFORD: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, THE

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

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NYS ASSEMBLY JUNE 7, 2023

THERE MAY BE A FEW OF US THAT WOULD LIKE TO BE AN EXCEPTION, THEY

SHOULD FEEL FREE TO DO SO. THANK YOU.

ACTING SPEAKER LUNSFORD: 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. 428, THE CLERK WILL READ.

THE CLERK: SENATE NO. S04516, RULES REPORT NO.

428, SENATOR FERNANDEZ (ROZIC, MAMDANI, BICHOTTE HERMELYN, FAHY,

GONZÁLEZ-ROJAS, PAULIN, BURDICK, L. ROSENTHAL, KELLES, ARDILA,

EPSTEIN, SIMONE--A00581). AN ACT TO AMEND THE GENERAL OBLIGATIONS

LAW, IN RELATION TO VIOLATIONS OF NONDISCLOSURE AGREEMENTS IN CERTAIN

SETTLEMENT AGREEMENTS.

ACTING SPEAKER LUNSFORD: AN EXPLANATION

HAS BEEN REQUESTED, MS. ROZIC.

MS. ROZIC: THANK YOU, MADAM SPEAKER. THIS BILL

WOULD PROHIBIT LIQUIDATED DAMAGES, PROVISIONS IN CONFIDENTIAL

SETTLEMENTS OF HARASSMENT AND DISCRIMINATION CLAIMS. TARGETS OF

SEXUAL HARASSMENT AND DISCRIMINATION ARE OFTEN REQUIRED TO SIGN NDAS

IN ORDER TO RECEIVE COMPENSATION FOR THE HARM THEY'VE EXPERIENCED.

THESE AGREEMENTS FREQUENTLY INCLUDE PROVISIONS REQUIRING A PLAINTIFF TO

PAY LIQUIDATED DAMAGES IF THEY VIOLATE THE AGREEMENT. SO IT'S OFTEN THE

CASE THAT SURVIVORS WHO LATER CHANGE THEIR MINDS OR WERE ORIGINALLY

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NYS ASSEMBLY JUNE 7, 2023

COERCED INTO SIGNING NDAS FACE AN ENORMOUS FINANCIAL PENALTY FOR

SPEAKING OUT ABOUT WHAT HAPPENED TO THEM EVEN IF IT'S TO THEIR RELATIVE.

SO THIS LEGISLATION PROTECTS THESE SURVIVORS FROM FACING THESE FINANCIAL

SANCTIONS FOR SHARING THEIR EXPERIENCES LATER ON. IT ALSO BARS

SETTLEMENTS OF HARASSMENT AND DISCRIMINATION CLAIMS FROM INCLUDING

ANY TERMS OR CONDITIONS REQUIRING A PLAINTIFF TO PAY LIQUIDATED DAMAGES

FOR VIOLATING THE NDA.

ACTING SPEAKER LUNSFORD: THERE'S A FAIR

AMOUNT OF CHATTER, WE'RE ON DEBATE. IF WE COULD JUST HAVE SOME QUIET.

THANK YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

ON THE BILL.

ACTING SPEAKER LUNSFORD: ON THE BILL.

MR. GOODELL: SO WHAT THIS LEGISLATION ESSENTIALLY

DOES IS VIRTUALLY ELIMINATE THE ABILITY OF A EMPLOYER TO REQUIRE A

NONDISCLOSURE AGREEMENT AS PART OF A SETTLEMENT OF A CLAIM ALLEGING

SEXUAL HARASSMENT OR DISCRIMINATION. AND IT FURTHER MAKES IT CLEAR THAT

EVEN IF THE PERSON WHO'S MAKING THE CLAIM WANTS A NONDISCLOSURE

AGREEMENT, THEY CANNOT AGREE IN ADVANCE, THERE HAS TO BE AT LEAST A

SEVEN-DAY PERIOD IN WHICH THEY CAN CHANGE THEIR MIND. AND IT

ELIMINATES THE ABILITY OF AN EMPLOYER AS PART OF SETTLEMENT TO GET A

RELEASE FROM ANY FURTHER LIABILITY, AND IT PROVIDES THAT STANDARD

ENFORCEMENT PROVISIONS THAT ARE IN A NONDISCLOSURE AGREEMENT, EVEN IF

IT'S AGREED TO BY THE CLAIMANT, ARE UNENFORCEABLE, SUCH AS STOPPING

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NYS ASSEMBLY JUNE 7, 2023

PAYMENT IF IT'S A -- AN INSTALLMENT PAYMENT AGREEMENT, FOR EXAMPLE. IF

YOU VIOLATE A NONDISCLOSURE AGREEMENT, THAT PLEA THE EMPLOYER WON'T

CONTINUE TO MAKE PAYMENTS BECAUSE YOU VIOLATED THE AGREEMENT.

TYPICALLY, THE PARTIES AGREE IN ADVANCE ON LIQUIDATED DAMAGES, WHICH

MEANS THAT RATHER HAVING A LAWSUIT FOR BREECH OF CONTRACT, BOTH SIDES

KNOW WHAT THE LIABILITY IS.

NOW, AS MENTIONED BY THE SPONSOR, THERE ARE SOME

CLAIMANTS WHO LIKE THIS IDEA THAT THEY CAN SETTLE AND THEN TALK ABOUT IT,

TALK ABOUT THEIR CLAIM. AND THAT'S REALLY ATTRACTIVE PARTICULARLY IF THE

DEFENDANT IS A PUBLIC FIGURE OR A HIGH-PROFILE INDIVIDUAL OR A HIGH-

PROFILE COMPANY. AND, IN FACT, WE HAVE SITUATIONS WHERE PEOPLE HAVE

SIGNED THESE NONDISCLOSURE AGREEMENTS AND THEN WENT ON AND SOLD

THEIR STORY, IF YOU WILL, IN VIOLATION OF NONDISCLOSURE AGREEMENT.

HERE'S THE PROBLEM, THOUGH. IF WE, AS A LEGISLATURE, MAKE THESE

NONDISCLOSURE AGREEMENTS UNENFORCEABLE, OR ELIMINATE THE ABILITY FOR --

FOR THEM TO BE ENFORCED, EITHER WE VOID THEM ALL TOGETHER OR WE MAKE

IT IMPOSSIBLE TO ENFORCE THEM, WE WON'T HAVE NONDISCLOSURE

AGREEMENTS, AND YOU WON'T HAVE THE SETTLEMENTS BECAUSE A COMPANY

WHEN THEY'RE SETTLING A CLAIM SOMETIMES WILL PAY A PREMIUM JUST FOR

THAT CONFIDENTIALITY, JUST BECAUSE THEY DON'T WANT THE NEGATIVE PUBLICITY

THAT ACCOMPANIES A PUBLIC TRIAL, EVEN IF THEY WERE TO WIN THE TRIAL. AND

BELIEVE ME, IF YOU HAVE ONE OF THESE DISCRIMINATION CLAIMS BROUGHT BY

A FORMER EMPLOYEE WHO MAY NOT BE EMPLOYED AND MIGHT NOT EVEN BE

EMPLOYED ANYMORE AND THEY'RE GOING AGAINST THE BIG CORPORATION WHO

IS VERY, VERY CONCERNED ABOUT THEIR PUBLIC IMAGE, AND THAT CORPORATION

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NYS ASSEMBLY JUNE 7, 2023

CAN'T HAVE A NONDISCLOSURE AGREEMENT THAT'S ENFORCEABLE, THEY WILL

SHOW UP IN COURT WITH HIGH-POWERED ATTORNEYS AND THEY HAVE THE

MAXIMUM CHANCE OF SUCCESS WITH LITTLE OR NO CHANCE OF A SETTLEMENT.

SO OFTENTIMES IN THESE CASES, THE CLAIMANT DOES MUCH BETTER WITH A

SETTLEMENT THAN THEY WOULD EVER DO IN COURT.

THIS ALSO ELIMINATES THE ABILITY TO USE A LIQUIDATED

DAMAGE CLAUSE, WHICH MEANS THAT EVEN IF THE CLAIMANT WANTED ITS

NONDISCLOSURE AGREEMENT AND THEY COMPLIED WITH THE LAW WITH

PROVISIONS THEY THEN VIOLATED, THE COMPANY OR THE OTHER SIDE COULD SUE

THE CLAIMANT FOR UNLIMITED DAMAGES. NOW, IF YOU SERIOUSLY DAMAGE

THE REPUTATION OF PROCTER & GAMBLE, FOR EXAMPLE, AS FAR AS I KNOW A

FINE, FINE COMPANY, THOSE DAMAGES WILL BANKRUPT YOU, OR EASILY COULD

BANKRUPT YOU. AND THAT'S WHY BOTH PARTIES ARE USUALLY IN FAVOR OF A

LIQUIDATED DAMAGE CLAUSE BECAUSE IT LIMITS THOSE DAMAGES.

SO WHILE I THOROUGHLY APPRECIATE MY COLLEAGUE'S

DESIRE TO ALLOW PEOPLE TO SETTLE AND THEN TALK, THE REAL PROBLEM IS

CLAIMANTS WITH THIS LAW WILL HAVE A LOT FEWER SETTLEMENTS AND A LOT LESS

COMPENSATION AND A LOT MORE LIABILITY THAN UNDER THE CURRENT SYSTEM.

AND BECAUSE I SUPPORT THE EFFORTS OF CLAIMANTS TO GET COMPENSATION

WITHOUT HAVING TO GO THROUGH A FULL TRIAL, AND I SUPPORT THE

REASONABLENESS OF DEFENDANTS AND CORPORATIONS AND HIGH-PROFILE PEOPLE

TO PROTECT THEIR OWN INTEGRITY AND PAY A PREMIUM IF NECESSARY, I CAN'T

SUPPORT THIS. THIS IS GOING TO HURT CLAIMANTS A LOT BY REDUCING THE

AMOUNT THEY GET, BY REDUCING SETTLEMENTS, AND BY SUBJECTING THEM TO

UNLIMITED LIABILITY. FOR THAT REASON I CAN'T SUPPORT IT. THANK YOU,

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NYS ASSEMBLY JUNE 7, 2023

MADAM SPEAKER AND, AGAIN, THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER LUNSFORD: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER LUNSFORD: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER. THE

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED. THOSE WHO SUPPORT IT

ARE CERTAINLY ENCOURAGED TO VOTE YES ON THE FLOOR. THANK YOU, MADAM

SPEAKER.

ACTING SPEAKER LUNSFORD: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

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

LEGISLATION. THERE MAY BE A FEW WHO DESIRE TO BE AN EXCEPTION. THEY

SHOULD FEEL FREE TO PRESS THEIR BUTTONS AT THEIR SEAT. THANK YOU.

ACTING SPEAKER LUNSFORD: THE CLERK WILL

RECORD THE VOTES.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 12, RULES REPORT NO. 332, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02368, RULES REPORT

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NYS ASSEMBLY JUNE 7, 2023

NO. 332, STIRPE, SANTABARBARA, DINOWITZ, BUTTENSCHON. AN ACT TO

AMEND THE PUBLIC SERVICE LAW, IN RELATION TO REQUIRING A STUDY ON THE

HEIGHT OF OVERHEAD UTILITY LINES AND COMMUNICATION LINES AS SUCH RELATE

TO THE HEIGHT OF AGRICULTURAL EQUIPMENT AND OTHER HEAVY DUTY

EQUIPMENT; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER LUNSFORD: AN EXPLANATION

HAS BEEN REQUESTED, MR. STIRPE.

MR. STIRPE: THANK YOU, MADAM SPEAKER. THIS BILL

WOULD REQUIRE THE PUBLIC SERVICE COMMISSION TO EXAMINE WHETHER THE

EXISTING MINIMUM OVERHEAD UTILITY LINE HEIGHT IS SUFFICIENTLY PROTECTIVE

OF AGRICULTURAL EQUIPMENT.

ACTING SPEAKER LUNSFORD: MR. TAGUE.

MR. TAGUE: THANK YOU, MADAM SPEAKER. WOULD

THE SPONSOR PLEASE YIELD FOR A COUPLE QUICK QUESTIONS?

ACTING SPEAKER LUNSFORD: MR. STIRPE, WILL

YOU YIELD?

MR. STIRPE: YES, I WILL.

ACTING SPEAKER LUNSFORD: THE SPONSOR

YIELDS.

MR. TAGUE: THANK YOU, MR. STIRPE. IT'S MY

UNDERSTANDING AND MY EXPERIENCE THAT UTILITY COMPANIES DO CONSTANT

MONITORING AND SURVEYING OF POLE AND LINE CONDITIONS AND -- AND HEIGHT

SURVEYS; ARE YOU AWARE OF THIS?

MR. STIRPE: NO, I WASN'T.

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MR. TAGUE: OKAY. AND ARE YOU AWARE THAT THERE

ALREADY IS A HEIGHT REQUIREMENT OF 13 FEET, 6 INCHES IN HEIGHT, 8 FEET

WIDE AND 50 FEET LONG -- 55 FEET LONG. NOW, WITH AGRICULTURAL

EQUIPMENT AND CONSTRUCTION EQUIPMENT YOU CAN GET A PERMIT FROM THE

DOT, BUT A SURVEY HAS TO BE DONE TO MAKE SURE THAT IF YOU'RE OVER THE

55 FEET LONG, 13'6" HIGH OR OVER THE WIDTH OF THE REQUIREMENT, THEY

WON'T GIVE YOU THE PERMIT, THEY WON'T ALLOW YOU TO OPERATE IN THAT AREA.

SO I'M JUST WONDERING WITH REGARDS TO THIS BILL, WHAT AGRICULTURAL

EQUIPMENT HAS INCREASED IN SIZE?

MR. STIRPE: WELL, FROM WHAT I UNDERSTAND IN THE

INFORMATION GIVEN TO ME BY THE FARM BUREAU WHO'S ADVOCATING FOR THE

BILL, IN WASHINGTON COUNTY A MOWER CONTACTED UTILITY WIRES AND TOOK

DOWN SEVERAL POLES. IN ONONDAGA COUNTY, A FARMER HAD A MOWER WING

PULL DOWN A UTILITY LINE. IN CLINTON COUNTY, A FARMER HAS HAD DISCS AND

MOWERS TAKE DOWN CABLE AND INTERNET LINES. IN ONTARIO COUNTY, ONE

FARMER HAD AT LEAST ONE INCIDENT A YEAR FOR THE LAST FIVE YEARS WITH LOW

UTILITY LINES, INCLUDING ELECTRIC LINES. SO LOTS OF DIFFERENT TYPES OF

EQUIPMENT IT LOOKS LIKE.

MR. TAGUE: WELL, THAT KIND OF WAS MY NEXT

QUESTION TO YOU. MOST OF THIS EQUIPMENT HAS WHAT THEY CALL A TRANSPORT

MODE, BECAUSE THERE ARE SITUATIONS WHERE WHEN THEY GET INTO THE FIELD,

AND THEY MAY BE -- THEY MAY BE ABOVE THE HEIGHT REQUIREMENT OR THE

WIDTH REQUIREMENT, BUT WHEN THEY'RE TRAVELING DOWN THE ROAD OR WHEN

THEY GO INTO THE FIELD, THEY HAVE TO BE IN THIS TRANSPORT MODE. AND I

CAN TELL YOU, I'VE GOT OVER PROBABLY 40 YEARS OF EXPERIENCE OF OPERATING

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NYS ASSEMBLY JUNE 7, 2023

BOTH AGRICULTURAL EQUIPMENT AND HEAVY HIGHWAY CONSTRUCTION

EQUIPMENT. MOST OF THE TIMES, AND UNFORTUNATELY, WHEN AN INCIDENT

LIKE THIS HAPPENS IT'S BECAUSE THE OPERATOR DID NOT FOLLOW INSTRUCTIONS,

DID NOT PUT THE PIECE OF EQUIPMENT IN TRANSPORT MODE, OR THEY LOADED IT

UP ON A LOWBOY AND DIDN'T MEASURE IT AND MAKE SURE THAT IT WAS BELOW

THE 13'6". SO MY UNDERSTANDING IS THAT THE HEIGHT OF -- THE AVERAGE

HEIGHT OF THESE LINES ARE 15 FEET; ARE YOU IN AGREEMENT WITH THAT?

MR. STIRPE: WELL, MOST OF THEM, ALTHOUGH I DO

HAVE A PICTURE OF A FARMER REACHING HIS HAND UP AND UNLESS HE'S

12-AND-A-HALF-FEET TALL, I'D SAY THAT THAT LINE IS PROBABLY ABOUT EIGHT FEET

HIGH.

MR. TAGUE: AND -- AND I WILL AGREE WITH YOU, THERE

ARE TIMES, ESPECIALLY DURING THE HOT SUMMER WHERE THE LINES DO SAG,

AND IN THE WINTERTIME AS WELL. AND I HAVE HEARD OF -- LISTEN, THERE HAVE

BEEN INCIDENTS WHERE EVERYBODY DID WHAT THEY WERE SUPPOSED TO DO.

THE PROBLEM IS, THOUGH, IF YOU GO OUT AND DO A SURVEY, WHATEVER THOSE

LIGHTS -- THOSE POLES AND HEIGHTS AND -- AND LINE HEIGHTS ARE THE DAY

THEY DO THE SURVEY, THAT'S THE INFORMATION THAT EVERYBODY IS GOING TO

HAVE. BECAUSE IT'S KIND OF MY UNDERSTANDING -- I GUESS WHAT I'M

GETTING TO, I -- I THINK THE IDEA OF THIS BILL IS GREAT, BUT I REALLY THINK THAT

WE ALREADY DO THIS. WHEN YOU HAVE A TRUCK AND TRAILER, LET'S SAY YOU'RE

GOING TO MOVE AN EXCAVATOR IN THE STATE OF NEW YORK. ON ANY STATE

OR COUNTY-OWNED HIGHWAY, YOU HAVE TO HAVE A PERMIT IF IT'S OVER THE

WEIGHT, HEIGHT, WIDTH AND LENGTH REQUIREMENT. ALL OF THAT INFORMATION

IS IN A DATABASE AT DOT, AND IF YOU'RE OVER THE LIMIT OF WHAT THEY CAN

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NYS ASSEMBLY JUNE 7, 2023

HANDLE, DOT WILL NOT ISSUE YOU A PERMIT. SAME THING GOES WITH THE

UTILITY COMPANIES, BECAUSE THEY DO CONSTANT SURVEYING OF THEIR LINES

AND THEIR POLES, THEY ALREADY HAVE THIS INFORMATION IN THEIR SYSTEM. IF

I'M NOT MISTAKEN, THE NATIONAL ELECTRIC SAFETY CODE REQUIRES THEM TO

DO THIS.

AGAIN, I THINK THAT WE HAVE TO MAKE SURE THAT THIS

EQUIPMENT AND THE THINGS THAT WE USE ARE PUT IN THAT TRANSPORT MODE. I

-- I -- I SAW THE SAME REPORT THAT YOU DID FROM FARM BUREAU.

UNFORTUNATELY I CAN'T GO THROUGH AND SAY WHICH ONE OF THOSE -- ONE OF

THOSE ACCIDENTS HAPPENED BECAUSE OF NOT HAVING THEM IN TRANSPORT

MODE OR NOT CHECKING THE HEIGHT REQUIREMENT BEFORE GOING SO IT'S -- IT'S

KIND OF HARD TO SAY THAT. AGAIN, I -- YOUR BILL ITSELF, I THINK IS A GREAT

IDEA, I THINK THE SAFETY FOR AGRICULTURE AND CONSTRUCTION. MY CONCERN

IS, IS THAT I THINK THAT IT'S ALREADY BEING DONE. AND THE OTHER CONCERN IS,

IS WHO'S GOING TO PAY FOR THE EXTRA WORK THAT NEEDS TO BE DONE, AND IS

THIS AT THE END OF THE DAY GOING TO BE THROWN AT THE FEET OF OUR

RATEPAYERS.

MR. STIRPE: WELL, I MEAN, YOU'VE BEEN IN THE

INDUSTRY FOR 40 YEARS. HAS FARM EQUIPMENT CONTINUED TO GET BIGGER

YEAR OVER YEAR?

MR. TAGUE: WELL, HERE'S THE -- HERE'S THE THING

WITH THE FARM EQUIPMENT. YOU HAVE TO REMEMBER THAT THE ELECTRIC

CODE IS COUNTRY -- IS COUNTRYWIDE. SO ALL OUR ELECTRIC LINES AND POLES

ARE AT THAT 15 FEET HEIGHT. FARM EQUIPMENT IS COUNTRYWIDE. IF YOU BUY

A CERTAIN TYPE OF JOHN DEERE TRACTOR, OR A CERTAIN TYPE OF JOHN DEERE

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NYS ASSEMBLY JUNE 7, 2023

CHOP OR A COMBINE, THEY SELL THEM IN EVERY STATE, THEY'RE THE SAME SIZE.

NOW, MY UNDERSTANDING HAS BEEN AND MY EXPERIENCE HAS BEEN IS THAT

THEY'RE THE SAME SIZE. AND THAT WHEN YOU BUY THAT PIECE OF EQUIPMENT,

IF THERE'S A HEIGHT PROBLEM WITH IT, THE DEALER WILL TELL YOU, OKAY, WHEN

YOU GO TO TRANSPORT THIS VEHICLE, YOU NEED TO TAKE THE ROCKS OFF, OR YOU

NEED TO LOWER THE TIRES TEN POUNDS OF AIR. THAT HAS BEEN MY

EXPERIENCE. NOW, I CAN'T SAY THAT I KNOW FOR SURE THAT EVERY PIECE OF

EQUIPMENT IS UNDER THAT 15 FOOT REQUIREMENT, BUT MY GUESS IS IT'S

BECAUSE ALL THE DEALERS IN AMERICA UNDERSTAND THE ELECTRICAL CODE AND

THE HEIGHT OF THE WIRES. MY THINKING IS THAT WHEN THEY'RE -- -THEY'RE

MADE SO WHEN THEY'RE IN TRANSPORT MODE, THEY ARE UNDER THE 15, AND IN

MOST CASES I WOULD SAY THAT 13'6" BECAUSE WE HAVE BRIDGE PROBLEMS,

AS WELL. WE HAVE BRIDGE PROBLEMS. BUT THAT'S BEEN MY UNDERSTANDING.

AGAIN, THE IDEA BEHIND YOUR BILL, AL, I -- I THINK IT'S A GREAT BILL. I'M

JUST CONCERNED ARE WE DOING SOMETHING THAT'S ALREADY BEING DONE AND

ARE WE, YOU KNOW, PUTTING THE PSC AT RISK AGAINST PROFESSIONALS THAT

ARE ALREADY DOING THIS ON THE FEDERAL LEVEL AND THAT WORK WITH THE

UTILITY COMPANIES. I GUESS, YOU KNOW, THAT'S MY BIGGEST CONCERN HERE.

MR. STIRPE: YEAH. I MEAN, AS FAR AS THE COST OF THE

STUDY, THE PSC WOULD COVER THE COST OF THE STUDY. SO I DON'T THINK THAT

ITSELF WOULD AFFECT RATEPAYERS OR ANYBODY LIKE THAT. YOU KNOW, THE

NATIONAL ELECTRICAL SAFETY CODE AND THE NATIONAL SOCIETY FOR ELECTRICAL

ENGINEERS, I MEAN, THEY'RE THE ONES THAT RECOMMEND STANDARDS.

THEY'RE NOT ELECTED OFFICIALS, THEY'RE NOT A GOVERNMENT AGENCY, SO WHAT

THEY DO IS MAKE SUGGESTIONS. AND I THINK WE'RE JUST TRYING TO MAKE

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NYS ASSEMBLY JUNE 7, 2023

SURE THAT OUR FARMERS, YOU KNOW, CAN OPERATE WITHOUT THE DANGER OF

GETTING CAUGHT UP IN THESE WIRES, WHERE SOME OF THEM, IN ORDER TO

AVOID THEM, HAVE TO GO WAY AROUND IN ORDER TO GET TO THE OTHER SIDE OF

THE FIELD, WHICH IS KIND OF A PAIN. AND I'M JUST, YOU KNOW, THE FARM

BUREAU I DON'T THINK WOULD HAVE BROUGHT THIS UP IF IT WASN'T A PROBLEM

THAT WAS PROBABLY INCREASING IN OCCURRENCES. SO THAT'S WHY WE'RE

PUTTING IT OUT THERE AND HOPEFULLY WE CAN GET THIS DONE AND IN A YEAR OR

SO, WE'LL GET A REPORT AND IT WILL TELL US IF WE HAVE TO DO ANYTHING ELSE.

MR. TAGUE: WELL, I -- I APPRECIATE THAT.

AND ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. TAGUE: FIRST OF ALL, I JUST WANT TO THANK THE

SPONSOR FOR A RESPECTFUL AND GOOD DEBATE HERE BUT, SECONDLY, YOU

KNOW, I WOULD JUST SAY, REPEATING WHAT I SAID BEFORE, I JUST DON'T THINK

THIS IS NECESSARY. AND LISTEN, I AM SOMEBODY THAT TRUE AND BLUE

SUPPORTS FARM BUREAU, BUT I ACTUALLY THINK THEY'RE WRONG ON THIS ONE, I

THINK THIS SHOULD BE LEFT TO THE ELECTRICAL PROFESSIONALS. AND AGAIN, A

LOT OF THESE INCIDENTS AND ACCIDENTS THAT HAPPEN ARE DUE TO FAILURE ON

THE PART OF THE OPERATOR TO FOLLOW INSTRUCTIONS AND DIRECTIONS, AND I'M

NOT SURE THAT THERE'S ANYTHING WE CAN MANDATE OR DO TO STOP PEOPLE

FROM HUMAN BEHAVIOR.

SO WITH THAT, AGAIN, I -- LIKE I SAID, THE -- THE BILL ITSELF

I -- I THINK IT'S A GREAT IDEA. I JUST THINK THAT WE'RE -- WE'RE ALREADY

DOING IT AND I WILL BE VOTING IN THE NEGATIVE. BUT THANK YOU, MR.

SPEAKER, AND THANK YOU, MR. STIRPE.

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MR. STIRPE, WILL YOU

YIELD?

MR. STIRPE: YES, I WILL. THANK YOU.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, MR. STIRPE, I

APPRECIATE YOUR TIME ON THIS. I DON'T HAVE A LOT OF -- MANY QUESTIONS,

BUT JUST A COUPLE AREAS I WANT TO TOUCH ON. AS WE TALKED ABOUT, I KNOW

THIS IS DEALING WITH THE NATIONAL ELECTRIC SAFETY CODE, AND REALLY SINCE

THIS LEGISLATION REALLY RAISES QUESTIONS ABOUT THE NATIONAL ELECTRIC

SAFETY CODE STANDARDS, WOULDN'T IT BE MORE PROPERLY ADDRESSED

THROUGH THE CAREFUL PROCESS AND THE SYSTEMATIC PROCESS THAT'S IN PLACE

THAT'S I BELIEVE IS ALSO KNOWN AS THE INSTITUTE OF ELECTRICAL AND

ELECTRONIC ENGINEERS, THE BODY THAT REALLY PROMULGATES THE NESC, THE

NATIONAL ELECTRIC SAFETY CODE TO USE THEIR EXPERTISE TO GO THROUGH THIS

PROCESS TO ADDRESS THIS ISSUE AND TAKE THAT -- THIS ISSUE TO THEM RATHER

THAN TO ASK THE PSC TO TAKE THIS ON?

MR. STIRPE: WELL, THAT USUALLY TAKES QUITE AWHILE,

AND ALREADY THE NEW 2023 NESC STANDARDS DON'T RECOMMEND ANY

CHANGES TO UTILITY LINE HEIGHT, SO THAT'S REALLY NOT GOING TO HELP FARMERS

NOW. AND AGAIN, IF IT WASN'T SOMETHING THAT HAPPENED OVER AND OVER

AND OVER AGAIN, I DON'T THINK THE FARM BUREAU WOULD COME OUT --

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NYS ASSEMBLY JUNE 7, 2023

MR. PALMESANO: I UNDERSTAND.

MR. STIRPE: -- IN FAVOR OF IT. SO I THINK, YOU KNOW,

HAVING TO GO THROUGH THE ENTIRE PROCESS OVER A LONG PERIOD OF TIME IS

NOT THE KIND OF RELIEF THE FARM BUREAU IS LOOKING FOR.

MR. PALMESANO: NO, I UNDERSTAND THAT. NOW,

WOULD THE PSC BE TASKED WITH REALLY JUST LOOKING AT AGRICULTURAL LANDS

AND AGRICULTURAL PROPERTIES, OR THE ENTIRE GRID?

MR. STIRPE: AGRICULTURAL LAND.

MR. PALMESANO: OKAY. ANOTHER QUESTION I HAVE

FOR YOU IS, WOULD THE STUDY ALSO TAKE INTO CONSIDERATION, AND SHOULD IT

TAKE INTO CONSIDERATION, THE COST THAT MIGHT BE ASSOCIATED WITH THIS AS

FAR AS MOVING POLES, RAISING POLES, PUTTING UP NEW POLES? SHOULDN'T A

COST BE ASSOCIATED WITH IT BEING A PART OF THE EQUATION IN THIS STUDY,

OR...

MR. STIRPE: WELL, YOU KNOW, I THINK WE'LL LOOK AT

THE COST OF IT AFTER THE STUDY COMES OUT AND SHOWS US WHAT THE PROBLEM

IS. UNTIL WE KNOW THE PROBLEM, WE DON'T KNOW WHAT THE COST IS GOING

TO BE. SO I THINK IN ORDER TO ANSWER THAT QUESTION, WE HAVE TO DO THE

STUDY.

MR. PALMESANO: AND ALSO, SINCE THIS IS

OBVIOUSLY, YOU KNOW, NATIONAL STANDARDS, IS THERE ANY CONCERNS, I

MEAN, ARE OTHER STATES THAT YOU'RE AWARE OF HAVE HIGHER LINES AS FAR AS

ABOVE AND BEYOND WHAT IS IN THE NATIONAL STANDARD, NSEC?

MR. STIRPE: YEAH. OTHER STATES VARY WITH THE --

THE HEIGHTS THAT THEY REQUIRE; SOME OF THEM ARE TALLER.

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NYS ASSEMBLY JUNE 7, 2023

MR. PALMESANO: SO YOU HAVE NO CONCERNS ABOUT

HOW THIS MIGHT REFLECT ON POSSIBLE -- I KNOW SOMETIMES WE TALK ABOUT

THE ISSUES WITH NATIONAL AND STATE AS FAR AS FEDERAL PREEMPTION. SINCE

THESE GUIDELINES ARE IN PLACE AT THE LEVEL THEY ARE AND AS A NATIONAL

CODE, YOU DON'T THINK THIS IS GOING TO BE ADDRESSED THROUGH FEDERAL

PREEMPTION AT ALL, IS THAT A CONCERN? COULDN'T THAT BE A PROBLEM WITH

THIS, MOVING FORWARD WITH THIS LEGISLATION?

MR. STIRPE: I'M -- YOU KNOW, I'M NOT REALLY SURE OF

THAT, YOU KNOW, IT'S VERY HARD FOR US TO DO ANYTHING THAT WOULD ALL OF A

SUDDEN CONTROL THE SIZE OF FARM EQUIPMENT. I MEAN, WE DON'T HAVE

MUCH TO SAY OVER FARM EQUIPMENT.

MR. PALMESANO: RIGHT.

MR. STIRPE: IT'S MADE ALL OVER THE -- THE COUNTRY

AND ALL OVER THE WORLD SO THE ONLY THING WE CAN CONTROL IS THE HEIGHT OF

THE WIRES THAT ARE GOING OVER OUR FARMS.

MR. PALMESANO: RIGHT, AND I UNDERSTAND THAT.

AND I JUST THINK, YOU KNOW, IN THE STUDY, BECAUSE, YOU KNOW, THE

OUTCOME DEPENDS ON WHAT'S INVOLVED IN THE STUDY, WILL THEY CONSIDER

OTHER THINGS THAT ARE IN PLACE AS FAR AS A RECOMMENDATION? I KNOW

EVEN RURAL COOPERATIVES HAVE MADE SUGGESTIONS AND RECOMMENDATIONS

TO ADDRESS THESE ISSUES AS FAR AS TRAINING AND THINGS LIKE THAT. WOULDN'T

THAT BE BETTER TO TAKE INTO CONSIDERATION AND DOING ALONG WITH THIS

CODE?

MR. STIRPE: WELL, DEPENDING ON THE RESULTS THAT

MIGHT BE THE -- THE SOLUTION. I MEAN, THERE HAVE BEEN SOLUTIONS ALREADY

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NYS ASSEMBLY JUNE 7, 2023

IN CERTAIN CASES WHERE THE UTILITY COMPANY HAVE DECIDED TO JUST BURY

THE LINE AND RUN IT UNDER THE FARM PROPERTY. I DON'T KNOW IF THAT'S A

SOLUTION. I'M SURE, YOU KNOW, EVERYONE WILL HAVE THEIR OPINION ON

WHAT -- WHAT THE MOST COST-EFFECTIVE WAY TO DO THIS, AND THE THING THAT

PROVIDES THE MOST SAFETY FOR -- FOR FARM WORKERS.

MR. PALMESANO: YEAH, I WOULD THINK I'D BE

LOOKING TO ADOPT SAFETY STANDARDS AROUND OPERATIONS, AROUND POLES TO

MAKE SURE THAT THAT EDUCATION AND TRAINING IS OUT THERE, WHICH IS

SOMETHING THAT I THINK THE RURAL ELECTRIC COOPERATIVES HAVE

RECOMMENDED ON THIS ISSUE. AND ON TOP OF ONE MORE THING, JUST ON THE

FEDERAL SIDE OF IT, IF WE HAVE THIS ELECTRICAL STANDARD, WE TALKED ABOUT

FEDERAL PREEMPTION. IF ONE STATE'S DOING IT, IF THEY'RE ALL DOING IT UNDER

THE SAME LEVELS OF THAT MINIMUM STANDARD, ISN'T THAT SOMETHING

OBVIOUSLY TO TAKE INTO CONSIDERATION WHEN FARM WORKERS ARE COMING

FROM ONE STATE TO ANOTHER STATE, AND ALSO DEALING WITH OUR

INFRASTRUCTURE, YOU KNOW, POTENTIALLY NATIONAL SECURITY ISSUES WHEN

YOU'RE TALKING ABOUT WITH OUR WIRES AND ALONG THAT.

MR. STIRPE: I DON'T KNOW. I MEAN WHEN WORKERS

COME FROM ONE PART OF THE COUNTRY TO ANOTHER, I WOULD ASSUME THE

OWNER OF THE FARM, WHO THEY'RE WORKING FOR, WOULD REVIEW SOME THINGS

WITH THEM. AND THAT'S PROBABLY ONE OF THE SUGGESTIONS THAT MIGHT

COME OUT OF THE -- OUT OF THE STUDY THAT IT'S SIMPLY, YOU KNOW, A LACK OF

KNOWLEDGE FROM PEOPLE WHO ARE NOT LOCAL AND THEY DON'T UNDERSTAND

THAT.

MR. PALMESANO: ALL RIGHT. THANK YOU, MR.

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NYS ASSEMBLY JUNE 7, 2023

STIRPE, FOR YOUR TIME. I APPRECIATE IT.

MR. STIRPE: SURE.

MR. PALMESANO: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: I APPRECIATE THE CONVERSATION

WITH THE SPONSOR ON THIS. IT'S AN IMPORTANT ISSUE, I UNDERSTAND THAT. I

CERTAINLY WANT TO BE HELPFUL TO OUR FARMERS AND OUR AGRICULTURAL LANDS,

BUT I DO THINK THERE'S A PROCESS IN PLACE GIVEN WE'RE TALKING ABOUT

NATIONAL ELECTRIC SAFETY CODE AND, YOU KNOW, WITH THOSE QUESTIONS

BEING RAISED UP, I THINK THAT WOULD BE PROBABLY BETTER TO TAKE THAT

THROUGH THAT SYSTEM AND THAT PROCESS WITH THAT EXPERTISE TO ADDRESS THIS

ISSUE MOVING FORWARD. I ALSO, YOU KNOW, THINK THAT THE COST ASSOCIATED

WITH THIS, I MEAN IF THE PSC CAN COME OUT AND SAY EVERYONE HAS GOT TO

COME OUT AND RAISE THEIR POLES, LINES UP ACROSS THE STATE, YOU KNOW,

SEVERAL FEET, YOU KNOW, AND YOU'RE NOT LOOKING AT THE WHOLE PICTURE.

THERE'S GOT TO BE A COST IMPACT TO THIS TO THE COMMUNITY -- TO THE

BUSINESSES, BUT ALSO THE RATEPAYERS AND THE CUSTOMERS WHO ARE PART OF

THAT SITUATION. I JUST THINK THE BETTER APPROACH WOULD BE GOING INSTEAD

OF THROUGH THE PSC WITH THE STUDY -- WITH ANOTHER STUDY, I THINK JUST

WORKING THROUGH THE MECHANISM THAT WE HAVE IN PLACE WITH THE

NATIONAL EDUCATION -- EXCUSE ME, NATIONAL ELECTRIC SAFETY CODE

THROUGH THAT PROCESS OF THE INSTITUTE OF ELECTRICAL AND ELECTRONICS

ENGINEERS AND THAT PROCESS THAT THEY HAVE IN PLACE TO ADDRESS THIS

ISSUE. I BELIEVE IF WE WENT FORWARD IN THAT PROCESS, WE COULD ADDRESS

THAT ISSUE AND SO I JUST THINK THERE'S A BETTER WAY, BUT I UNDERSTAND WITH

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NYS ASSEMBLY JUNE 7, 2023

THE INTENTION OF THE SPONSOR AND WHAT HE'S TRYING TO ACCOMPLISH HERE, IN

TRYING TO HELP OUR FARMERS, AND I THINK WE SHOULD HELP OUR FARMERS. I

JUST THINK WE SHOULD TRY TO WORK WITHIN THE PROCESS THAT WE HAVE

MOVING FORWARD. 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: SORRY, BUT ON THIS ELECTRIFYING

ISSUE, THE REPUBLICAN PARTY IS GENERALLY NEGATIVE. THOSE WHO SUPPORT

IT CAN CERTAINLY SHOCK THE REST OF US BY VOTING YES.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IT'S ALWAYS GOOD TO HAVE A LITTLE LEVITY, BUT THE MAJORITY

CONFERENCE IS GENERALLY ALWAYS GOING TO BE IN FAVOR OF THIS FINE PIECE

OF LEGISLATION. THANK YOU.

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 9, RULES REPORT NO. 229, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04820, RULES REPORT

183

NYS ASSEMBLY JUNE 7, 2023

NO. 229, RIVERA, BENEDETTO, BRONSON, CLARK, COLTON, CONRAD, DE LOS

SANTOS, DINOWITZ, GLICK, GONZÁLEZ-ROJAS, HEVESI, JACKSON, JACOBSON,

LUNSFORD, MCDONOUGH, MEEKS, PEOPLES-STOKES, REYES, L. ROSENTHAL,

SEAWRIGHT, SEPTIMO, SILLITTI, SIMON, STECK, TAYLOR, THIELE, STIRPE,

STERN, ARDILA, WALKER, BUTTENSCHON, KELLES. AN ACT TO AMEND THE REAL

PROPERTY LAW, IN RELATION TO REQUIRING THE DISCLOSURE OF LEAD-BASED

PAINT TEST REPORTS IN REAL ESTATE TRANSACTIONS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. RIVERA.

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

THE BILL BEFORE US IS AN ACT TO AMEND THE REAL PROPERTY LAW IN RELATION

TO REQUIRING THE DISCLOSURE OF LEAD-BASED PAINT TEST REPORTS IN REAL ESTATE

TRANSACTIONS.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. RIVERA, WILL YOU

YIELD?

MR. RIVERA: YES, SIR.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. RIVERA. NOW, THIS

REQUIRES A LEAD-BASED -- A LEAD-BASED TEST, RIGHT, BEFORE ANY CONTRACT FOR

THE SALE OF REAL ESTATE IS SIGNED; AM I CORRECT?

MR. RIVERA: CORRECT. ANY SALE, CORRECT.

MR. GOODELL: AND AM I CORRECT THAT THESE COSTS

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ARE TYPICALLY BETWEEN $3- AND $400?

MR. RIVERA: THAT'S CORRECT.

MR. GOODELL: AND IS THERE AN EXEMPTION FROM

THIS TEST IF THE HOUSE WAS BUILT SAY, AFTER 1978 WHEN LEAD PAINT WAS NO

LONGER USED?

MR. RIVERA: YES. THE-- THE BILL SPEAKS TO THIS

ONLY HAVING TO DO WITH PROPERTIES THAT WERE CONSTRUCTED PRE-1978.

MR. GOODELL: AND IS THERE AN EXEMPTION FOR ANY

HOUSES THAT HAVE GONE THROUGH RENOVATION TO REMOVE ANY LEAD PAINT?

MR. RIVERA: NO.

MR. GOODELL: IF THIS LEAD TEST IS NOT DONE BY THE

PRIOR OWNER, AM I CORRECT THAT THERE'S A TAX CREDIT THAT'S GIVEN BY THE

CURRENT OWNER TO HELP PAY FOR THIS; IS THAT CORRECT?

MR. RIVERA: CORRECT. THE CURRENT OWNER, THE BILL

SPEAKS TO A $500 TAX CREDIT THAT COULD BE USED FOR -- AS A DEDUCTION.

WELL, MAXIMUM OF $500 TO COVER THE COST OF INSPECTION.

MR. GOODELL: AND THAT -- THAT IS A CREDIT AGAINST

THE REAL PROPERTY TRANSFER TAX, CORRECT?

MR. RIVERA: CORRECT.

MR. GOODELL: AND AM I CORRECT THAT PART OF THAT

REAL PROPERTY TRANSFER TAX GOES INTO THE MTA LOCKBOX?

MR. RIVERA: I COULDN'T SPEAK TO THAT, NOT SURE.

MR. GOODELL: AND SO IF -- IF YOU'RE A SELLER AND

YOU'RE SELLING A BUILDING IN THE NEW YORK CITY AREA AND THERE'S NO

PRIOR LEAD TEST, THEN THE MTA IS BASICALLY PAYING FOR A LEAD TEST?

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NYS ASSEMBLY JUNE 7, 2023

MR. RIVERA: I SUPPOSE I COULD LOOK AT IT THAT WAY.

I'D SAY THAT, YOU KNOW, THE AVERAGE COST TO DO ONE OF THESE IS FAIRLY

MINIMAL WHEN IT COMES TO THE AMOUNT OF DOLLARS THAT ARE INCLUDED IN A

SALE OF A PROPERTY, $3- TO $400. I'D SAY THAT, YOU KNOW, THAT'S A COST

THAT EASILY ANY SELLER SHOULD BE ABLE TO COVER IF THEY'RE ABOUT TO, YOU

KNOW, GAIN QUITE A BIT OF, YOU KNOW, MONEY FROM A SALE OF A PROPERTY.

MR. GOODELL: AND LIKEWISE, IT'S -- YOU THINK IT'S A

TAX CREDIT AT $500 A POP THAT THE MTA CAN AFFORD, PRESUMABLY,

CORRECT?

MR. RIVERA: I GUESS I DON'T INCLUDE MTA IN MY

EQUATION. I WOULD SAY THAT, YOU KNOW, FOR THE AVERAGE HOMEOWNER, FOR

ANY INDIVIDUAL WHO HAS A PROPERTY THAT'S GOING TO PAY TO HAVE THEIR

PROPERTY INSPECTED, THEY CAN DEDUCT THE COST OF THAT INSPECTION OFF THEIR

TRANSFER TAX.

MR. GOODELL: NOW, THIS BILL ALSO PROVIDES THAT

THAT INSPECTION CANNOT BE WAIVED EVEN AT THE REQUEST OF THE BUYER; IS

THAT CORRECT?

MR. RIVERA: THAT'S CORRECT.

MR. GOODELL: BUT IT ALSO SAYS LATER THAT NOTHING

IN THIS ARTICLE IS INTENDED TO PREVENT SOMEONE FROM SELLING A HOUSE AS

IS.

MR. RIVERA: THAT'S CORRECT.

MR. GOODELL: SO YOU CAN'T WAIVE THE TESTING

REQUIREMENT, BUT YOU CAN SELL THE HOUSE AS IS.

MR. RIVERA: YOU'RE NOT ABLE TO SELL AS IS, YOU HAVE

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NYS ASSEMBLY JUNE 7, 2023

TO GO THROUGH THE INSPECTION. YOU CAN'T WAIVE IT.

MR. GOODELL: NOW, ONCE THIS TEST IS DONE, AM I

CORRECT IT'S SENT TO SEVERAL DIFFERENT LOCATIONS; IS THAT CORRECT?

MR. RIVERA: THAT'S CORRECT.

MR. GOODELL: WHERE IS IT SENT TO?

MR. RIVERA: THE HEALTH DEPARTMENT AND IN THE

CASE OF MOST COUNTIES, I'D SAY THE CLERK'S OFFICE.

MR. GOODELL: AND IS THERE A FILING FEE ASSOCIATED

WITH FILING THAT WITH A COUNTY CLERK OR WITH A HEALTH DEPARTMENT?

FIRST OF ALL, IT'S FILED WITH A COUNTY CLERK, ISN'T IT --

MR. RIVERA: YEAH.

MR. GOODELL: -- AS PART OF THE REAL ESTATE

DOCUMENTS?

MR. RIVERA: YEAH.

MR. GOODELL: AND SO THE COUNTY CLERK TYPICALLY

CHARGES WHAT, $50 PLUS $5 A PAGE, SOMETHING LIKE THAT?

MR. RIVERA: WELL, THE COUNTY CLERK'S ALREADY

RECEIVING ALL THE DOCUMENTS FROM THE SALE OF THE PROPERTY ANYWAYS, THIS

IS JUST ANOTHER PART OF THAT PACKAGE OF DOCUMENTS.

MR. GOODELL: I UNDERSTAND THE COUNTY CLERK

RECEIVES ALL THE DOCUMENTS, BUT EVERYTHING THAT'S FILED, THE COUNTY

CLERK CHARGES, RIGHT?

MR. RIVERA: RIGHT.

MR. GOODELL: AND THERE'S NO PROVISION FOR THE

COUNTY CLERK TO WAIVE THE FILING FEE FOR THIS?

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NYS ASSEMBLY JUNE 7, 2023

MR. RIVERA: NO.

MR. GOODELL: AND AM I CORRECT THAT'S $5 A PAGE

PLUS I THINK IT'S 45 OR $50, SOMETHING LIKE THAT.

MR. RIVERA: YOU'D HAVE TO CONFIRM WITH THE

COUNTY CLERK.

MR. GOODELL: THANK YOU VERY MUCH. OH, AND

THERE'S CURRENTLY A FEDERAL LEAD DISCLOSURE FORM THAT'S REQUIRED BEFORE

ANY TRANSFER THAT EXISTS CURRENTLY, CORRECT?

MR. RIVERA: THERE IS CURRENTLY A DISCLOSURE THAT IS

INCLUDED IN REAL ESTATE TRANSACTIONS SIMILAR TO THE KIND THAT WE'RE

TALKING ABOUT. THAT DISCLOSURE IS A CERTIFICATION OF ACCURACY AND THAT

CERTIFICATION MORE OR LESS SAYS, SIGNED BY THE SELLER SAYING, TO THE BEST

OF MY KNOWLEDGE THERE IS NO LEAD IN THIS HOUSE. IN EVERY REAL ESTATE

TRANSACTION, YOU'LL FIND THIS ONE-PAGE FORM AND TRUTHFULLY, WE -- I

BELIEVE IT TO BE TOTALLY INADEQUATE AND DOESN'T ASSIST AT ALL WITH THE

INCOMING BUYER IN DETERMINING WHETHER THERE IS LEAD IN THE HOME OR

NOT.

MR. GOODELL: IN ADDITION TO THE DISCLOSURE THAT'S

REQUIRED BY FEDERAL LAW, FEDERAL LAW ALSO REQUIRES A DETAILED BROCHURE

OR A DOCUMENT, RIGHT, THAT DESCRIBES LEAD AND ITS DANGERS AND

EVERYTHING ELSE ASSOCIATED WITH LEAD, CORRECT?

MR. RIVERA: YES.

MR. GOODELL: AND UNDER THE FEDERAL PROVISIONS,

THE FAILURE TO COMPLY COULD SUBJECT YOU UP TO A $10,000 FINE. WHAT

WOULD BE THE FINE IF YOU FAIL TO COMPLY WITH THIS?

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NYS ASSEMBLY JUNE 7, 2023

MR. RIVERA: I BELIEVE THE FINE IS A SIMILAR AMOUNT.

MR. GOODELL: TEN THOUSAND DOLLARS?

MR. RIVERA: I BELIEVE SO.

MR. GOODELL: THANK YOU VERY MUCH. ONE OTHER

QUESTION.

MR. RIVERA: YUP.

MR. GOODELL: THIS REQUIRES THIS TEST TO BE MADE

BEFORE ANY CONTRACT IS SIGNED?

MR. RIVERA: CORRECT.

MR. GOODELL: BEFORE ANY LEASE IF THE LEASE HAS AN

OPTION TO PURCHASE?

MR. RIVERA: CORRECT.

MR. GOODELL: BEFORE ANY LAND CONTRACT IS SIGNED?

MR. RIVERA: IN THE CASE OF THE SALE OF A PROPERTY,

YES.

MR. GOODELL: YES. DO YOU GET THE $500 CREDIT

PAID COMPLIMENTS OF THE MTA IF THE SALE DOESN'T GO THROUGH, BUT THAT

ONLY APPLIES, YOU ONLY GET THE CREDIT IF THE SALE GOES THROUGH, CORRECT?

MR. RIVERA: AGAIN, THE PERSON WOULD ONLY GET THE

CREDIT -- WELL, THE PERSON WOULDN'T DO THE INSPECTION UNLESS THERE WAS A

SALE PENDING, SO...

MR. GOODELL: NOW, CURRENT LAW DOESN'T PREVENT

ANY BUYER WHO IS CONCERNED FROM DOING AN INSPECTION ON THEIR OWN,

CORRECT?

MR. RIVERA: WELL, THE PERSON THAT HAS TO DO THE

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NYS ASSEMBLY JUNE 7, 2023

INSPECTION HAS TO BE A CERTIFIED LEAD INSPECTOR. IT CAN'T BE --

MR. GOODELL: BUT I MEAN, THE BUYER CAN CERTAINLY

CONTRACT AS PART OF A HOME INSPECTION TO HAVE THIS DONE?

MR. RIVERA: IF THEY CHOOSE TO.

MR. GOODELL: WHAT IS THE TIME FRAME THAT IT TAKES

THE LABS CURRENTLY TO DO THESE KINDS OF INSPECTIONS?

MR. RIVERA: THAT'S A GOOD QUESTION. I ACTUALLY, IN

THE PROCESS OF RESEARCHING THIS BILL NOT ONLY DID I MEET WITH LEAD

INSPECTORS, BUT I ACTUALLY MET WITH LEAD -- CERTIFIED LEAD TRAINING

SPECIALISTS THAT TRAIN AND GIVE CERTIFICATION TO LEAD INSPECTORS. THE

PROCESS OF -- THE PROCESS OF INSPECTING LEAD IN A HOME REALLY JUST TAKES

A FEW HOURS. IT'S DONE WITH A -- WITH A DEVICE THAT'S SIMILAR TO LIKE A

THERMOMETER GUN. THEY DIRECT THE LASER ON THE GUN TOWARDS A WALL OR A

WINDOW SILL. THEY'RE ABLE TO DETERMINE DIGITALLY AND IMMEDIATELY

WHAT THE PERCENTAGE OF LEAD IT IS. THEY DO THAT AROUND THE HOUSE A FEW

TIMES AND THAT'S THEIR PROCESS.

MR. GOODELL: AND SO EVEN THOUGH IT ONLY TAKES

THEM A COUPLE HOURS, THEY CHARGE 400 BUCKS?

MR. RIVERA: YOU WANT TO TALK ABOUT CONTRACTOR'S

RATES, WE CAN BE HERE FOR AWHILE.

MR. GOODELL: FOR SURE. THANK YOU VERY MUCH, I

APPRECIATE YOUR COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I'VE BEEN INVOLVED IN REAL ESTATE

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LEGAL WORK FOR - I HATE TO ADMIT IT BECAUSE I'VE BEEN INVOLVED IN IT FOR

MORE THAN MANY PEOPLE ON THE FLOOR OF THE ASSEMBLY HAVE BEEN ALIVE -

AND WHAT I FIND AMAZING IS THAT WHEN PEOPLE GO TO SELL THEIR HOUSE,

THEY ARE SHOCKED BY HOW MUCH IT COSTS IN CLOSING EXPENSES. THEY

HAVE TO DO A TITLE SEARCH UPDATE, THAT CAN RUN HUNDREDS OF THOUSANDS OF

DOLLARS, THEY TYPICALLY HAVE TO PROVIDE AN UPDATED SURVEY THAT COSTS

HUNDREDS OF THOUSANDS OF DOLLARS. THEY HAVE TO PAY THEIR LAWYER, NOT

NEARLY ENOUGH, BUT THEY HAVE TO PAY THE LAWYER. WHEN THEY RECORD THE

DEED, THERE'S A CHARGE, IT'S $4 PER THOUSAND ON THE SALES PRICE. IN

ADDITION, THERE'S ADDITIONAL CHARGES ON THE TRANSFER DEPENDING ON WHERE

YOU ARE. THERE'S A REAL ESTATE TRANSFER FORM THEY PAY FOR. AND SO

PEOPLE COME IN AND THEY SAY, YOU KNOW, I'M SELLING MY HOUSE FOR,

WHATEVER, X, HOW MUCH WILL I CLEAR BECAUSE I WANT TO BUY A NEW

HOUSE. AND THEN YOU EXPLAIN TO THEM THAT WHEN THEY BUY A NEW HOUSE,

THEY HAVE TO PAY FOR THE APPRAISAL FOR THE BANK, THEY HAVE TO PAY FOR A

HOME INSPECTION, THEY HAVE TO PAY FOR THEIR ATTORNEY TO BUY THE HOUSE.

THEY HAVE TO PAY FOR TITLE INSURANCE. THEY HAVE A MORTGAGE TAX, GOD

BLESS AMERICA. YOU GET TAXED COMING AND GOING.

SO WHAT THIS DOES IS IT ADDS $4- TO $500 TO EVERY REAL

ESTATE TRANSACTION, AND IT REQUIRES THE SELLER TO SPEND $4 OR $500 BEFORE

THEY SELL THE HOUSE, BECAUSE THIS LAW SUBJECTS YOU, AS -- AS MY

COLLEAGUE MENTIONED, TO A $10,000 FINE IF YOU DON'T DO THE INSPECTION

BEFORE THE CONTRACT IS SIGNED. AND UNDER THIS LAW, YOU CAN'T EVEN PUT

IN THE CONTRACT THAT THE CONTRACT IS CONTINGENT UPON THE INSPECTION.

SADLY, WE DO NOT NEED TO MAKE REAL ESTATE TRANSFERS MORE EXPENSIVE.

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NYS ASSEMBLY JUNE 7, 2023

THERE'S NO REASON WHY WE CAN'T ALLOW THIS TEST TO BE WAIVED BY THE

BUYER, BECAUSE BELIEVE ME YOU, THE SELLER'S GOING TO RAISE THE PRICE TO

COVER THE COST OF THIS. WE OUGHT TO BE ALLOWED THE PARTIES TO DO THE

TEST AFTER THE CONTRACT IS SIGNED, NOT BEFORE. AND WE SHOULD RECOGNIZE

THAT WE ALREADY HAVE FEDERAL DISCLOSURE REQUIREMENTS AND THE

CERTIFICATION THAT'S IN PLACE.

SO I DON'T THINK WE NEED IT, BUT IT DOES ADD ADDITIONAL

TIME AND ADDITIONAL COSTS TO ANY SELLER BEFORE THEY EVEN HAVE A

CONTRACT. AND FOR THAT REASON, I WON'T BE ABLE TO SUPPORT IT. AGAIN, I

THANK MY COLLEAGUE FOR HIS CLARIFICATIONS. THANK YOU VERY MUCH, MR.

SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT AUGUST 1,

2024.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED. THOSE WHO SUPPORT IT ARE CERTAINLY

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

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY IN FAVOR OF THIS

PROGRESSIVE PIECE OF ENVIRONMENTAL-FRIENDLY LEGISLATION; HOWEVER,

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NYS ASSEMBLY JUNE 7, 2023

THERE MAY BE SOME WHO WOULD DESIRE TO BE AN EXCEPTION, THEY SHOULD

FEEL FREE TO VOTE AT THEIR SEATS.

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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I HOPE COLLEAGUES ARE EXCITED AS I AM ABOUT THE PROGRESS THAT

WE'RE MAKING TODAY ON THE THIRD DAY OF THE LAST WEEK OF OUR SESSION.

NOW WE'RE GOING TO KEEP OUR DEBATE GOING. WE'RE GOING TO GO TO

RULES REPORT NO. 562 BY MS. GLICK, FOLLOWED BY RULES REPORT NO.

158 BY MR. DINOWITZ. THEN -- I'M SORRY, CALENDAR NO. 158 BY MR.

DINOWITZ, AND CALENDAR NO. 128 BY MS. PAULIN. THAT WOULD BE

FOLLOWED BY RULES REPORT NO. 433 BY MR. WEPRIN AND RULES REPORT

NO. 437 BY MR. CARROLL, AND THEN WERE GOING TO GO TO RULES REPORT

NO. 449 BY MS. GLICK AGAIN. IN THAT ORDER, MR. SPEAKER. THANK YOU,

SIR.

(PAUSE)

OH, VERY GOOD, VERY GOOD. WE'RE GOING TO ADD

MONICA WALLACE'S BILL NO. 278 -- RULES REPORT NO. 278, MONICA

WALLACE.

ACTING SPEAKER AUBRY: THANK YOU. PAGE 18,

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NYS ASSEMBLY JUNE 7, 2023

RULES REPORT NO. 562, THE CLERK WILL READ.

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 AUBRY: ON A MOTION BY MS.

GLICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED

AND AN EXPLANATION IS REQUESTED.

MS. GLICK: THIS IS ESSENTIALLY A -- AN EXTENDER OF

AN EXISTING PROGRAM. MERCURY THERMOSTATS CANNOT BE DISPOSED OF AT

LANDFILLS OR INCINERATORS. THEY HAVE TO BE RETURNED TO -- COLLECTED BY

THE MANUFACTURERS AND PROPERLY RECYCLED AND DISPOSED OF. THE

MANUFACTURERS PAY A FEE TO COVER THE COST, AND THAT WAY WE KEEP THE

HAZARDOUS WASTE OUT OF THE ENVIRONMENT. AND IT'S JUST A -- AN EXTENDER.

THE DEPARTMENT MAY WANT TO MAKE SOME CHANGES IN THE FUTURE, BUT

RIGHT NOW WE'RE HAVING THAT CONVERSATION. BUT THE PROGRAM NEEDS TO

CONTINUE, AND THIS IS, YOU KNOW, THE THERMOSTAT RECYCLING

CORPORATION IS ANXIOUS TO CONTINUE DOING ITS WORK.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MS. GLICK, WILL YOU

YIELD?

MS. GLICK: YES.

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: MS. GLICK YIELDS.

MR. GOODELL: WE -- WE RECEIVED A MEMORANDUM

FROM THE MANUFACTURERS ASSOCIATION OF CENTRAL NEW YORK THAT SAID

THAT THE BILL IS UNNECESSARY BECAUSE THE SYSTEM IS ALREADY IMPLEMENTED

BY THE NATIONAL THERMOSTAT RECYCLING CORPORATION, AND YOU JUST

MENTIONED THEM. AREN'T -- ISN'T THE NATIONAL THERMOSTAT RECYCLING

CORPORATION DOING THIS THROUGHOUT THE NATION?

MS. GLICK: YES, THEY -- YES, THEY ARE AND WE --

DEC WOULD LIKE TO SEE THIS EXTENDED FOR A YEAR BECAUSE THEY MAY HAVE

SOME ADDITIONAL THINGS THAT THEY WOULD LIKE TO TALK TO US ABOUT GOING

FORWARD, BUT WE WANTED TO BE CERTAIN THAT NEW YORK CONTINUED TO

PARTICIPATE IN THAT NATIONAL PROGRAM.

MR. GOODELL: NOW, THIS BILL WAS ORIGINALLY

ENACTED IN 2013, CORRECT?

MS. GLICK: YES.

MR. GOODELL: AND HOW MANY TIMES HAS IT BEEN

RENEWED?

MS. GLICK: IT HASN'T BEEN RENEWED, SO WE'RE

RENEWING IT NOW.

MR. GOODELL: SO IT WAS ORIGINALLY FOR TEN YEARS?

MS. GLICK: YEP.

MR. GOODELL: AND NOW WE'RE RENEWING IT FOR

ANOTHER --

MS. GLICK: IT'S A ONE-YEAR RENEWAL.

MR. GOODELL: A ONE-YEAR RENEWAL.

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NYS ASSEMBLY JUNE 7, 2023

MS. GLICK: OH, A ONE-YEAR EXTENDER. AS I SAID,

THERE WERE SOME ISSUES THAT DEC WANTED TO DISCUSS WITH US AND SO WE

SAID IT'S LATE IN THE DAY, LET'S RENEW IT FOR A YEAR AND THEN IF THERE ARE

THINGS OF SUBSTANCE THAT NEED TO BE DISCUSSED, LET'S DO THAT IN THE OFF-

SESSION.

MR. GOODELL: NOW, YOU MENTIONED THE NATIONAL

THERMOSTAT RECYCLING CORPORATION IS NATIONWIDE, DOES THIS RECYCLING

NATIONWIDE. ARE THERE OTHER STATES THAT REQUIRE THIS OF THE

MANUFACTURERS RATHER THAN SIMPLY ENCOURAGING UTILIZATION WITH THE

NATIONAL THERMOSTAT RECYCLING CORPORATION?

MS. GLICK: APPARENTLY THERE ARE. CERTAINLY, ONE OF

OUR NEIGHBORING STATES, VERMONT, AND NEW YORK HAS OBVIOUSLY HAD A

STATUTE. SO THIS IS A ONE-YEAR EXTENDER FOR THAT PURPOSE TO KEEP OUR

HAND IN THE GAME, AND PRESUMABLY YOU AND I WILL HAVE A BRIEF

CONVERSATION NEXT YEAR IF THERE ARE ANY MINOR CHANGES THAT DEC BRINGS

TO US.

MR. GOODELL: NOW, SINCE THE BUSINESS COUNCIL

AND THE MANUFACTURERS ASSOCIATION CLAIM THAT THIS IS A, QUOTE, "MAJOR

UNFUNDED MANDATE", DO WE HAVE AN IDEA OF WHAT THE COST OF THIS BILL IS

AS IT RELATES TO OUR INDUSTRY?

MS. GLICK: I -- I DON'T THINK THERE'S ANY COST. THIS

GOES -- THERE ARE WHO KNOWS HOW MANY IN-SERVICE MERCURY

THERMOSTATS THAT WILL HAVE TO BE RETIRED OVER A PERIOD OF TIME. THESE

THINGS TEND TO LAST A WHILE. SO PERHAPS WE WILL REACH A POINT AT WHICH

THOSE MERCURY THERMOSTATS ARE NO LONGER BEING USED AND HAVE GONE

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NYS ASSEMBLY JUNE 7, 2023

THROUGH THEIR NATURAL LIFECYCLE AND BEEN FULLY RECYCLED BY THIS

CORPORATION. BUT THEY PAY -- MANUFACTURERS PAY INTO THIS AND THE COST

OF THE WORK IS ASSUMED BY THE MANUFACTURERS.

MR. GOODELL: AND HOW MUCH DOES IT COST THE

MANUFACTURERS IN NEW YORK?

MS. GLICK: NOT REALLY SURE, BUT WE'LL LOOK INTO THAT

BECAUSE WE'LL BE TALKING ABOUT IT NEXT YEAR.

MR. GOODELL: NOW, I UNDERSTAND THE OBJECTIVE IS

TO KEEP THE MERCURY OUT OF OUR LANDFILLS, BUT I'M CORRECT, AREN'T I, THAT

WITH A DOUBLE-COMPOSITE LINER THESE LANDFILLS NOW MEET HAZARDOUS

WASTE STANDARDS AND HAVE QUITE A BIT OF HAZARDOUS WASTE BECAUSE

HOUSEHOLDS KEEP THROWING BATTERIES AND A WHOLE BUNCH OF OTHER THINGS

IN THE LANDFILL, CORRECT?

MS. GLICK: WELL, ACTUALLY I -- I THINK, JUST JUDGING

FROM MY OWN EXPERIENCE, BATTERIES ARE COLLECTED AND HANDLED NOT BY

JUST TOSSING IT IN WITH THE GARBAGE. SO, NO, I -- THAT MAY BE THAT THEY

HAVE DOUBLE LINERS TO PREVENT CERTAIN LEAKAGE, BUT I DON'T THINK IT IS A

GOOD PRACTICE FOR US TO BE ASSUMING THAT MERCURY THERMOSTATS OR ANY

PRODUCT THAT HAS MERCURY IN IT, THEY DON'T -- THEY'RE NOT SOLD ANYMORE.

SO, OBVIOUSLY, THERE'S A POINT AT WHICH THOSE THAT ARE IN SERVICE HAVE TO

BE DISPOSED OF AND THIS IS THE PROPER WAY TO DO IT AND NOT TO CHUCK IT

INTO AN INCINERATOR OR TO PUT IT IN A LANDFILL.

MR. GOODELL: THANK YOU VERY MUCH, MS. GLICK.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

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NYS ASSEMBLY JUNE 7, 2023

GOODELL.

MR. GOODELL: A LOT OF TIMES THESE THERMOSTATS

ARE REPLACED BY THEIR -- BY THEMSELVES. (INAUDIBLE) MODERN, MORE

ACCURATE THERMOSTAT IS INSTALLED. TYPICALLY, YOU KNOW, THE NEWER

THERMOSTATS THAT USE AN ELECTRONIC TIMING SYSTEM ARE INSTALLED AND THE

OLD MERCURY THERMOSTATS THAT WORK JUST SIMPLY ON TEMPERATURE ARE --

ARE TOSSED. I DARE SAY THAT MOST OF THEM ARE PROBABLY TOSSED IN THE

GARBAGE BECAUSE THE NEW ONES ARE SO SIMPLE THAT EVEN A HOMEOWNER

CAN DO IT. AND THERE'S NO INSTRUCTIONS ON HOW TO GET RID OF THE OLD

THERMOSTAT, SO BOOM, IN THE GARBAGE IT GOES. THANKFULLY, OUR LANDFILLS

IN NEW YORK STATE MEET HAZARDOUS WASTE STANDARDS. THEY HAVE A

DOUBLE-COMPOSITE LINER, THE LINER IS PROBABLY SIX TO EIGHT FEET DEEP.

AND IT'S A GOOD THING BECAUSE WHEN FLASHLIGHT BATTERIES END, BOOM,

THEY GO IN THE GARBAGE, RIGHT? THOSE HEARING AID BATTERIES, INTO THE

GARBAGE. AND I WOULD NOT RECOMMEND ANYONE MAKE A HABIT OF

HANGING OUT AT THE LANDFILL ON TOP OF ANY OF THIS RUBBISH. BUT ONE THING

IS CERTAIN; THIS PROGRAM COSTS OUR MANUFACTURERS A SUBSTANTIAL AMOUNT.

AND ACCORDING TO THE MANUFACTURERS ASSOCIATION AND THE BUSINESS

COUNCIL, QUOTE, "THIS BILL CREATES A MAJOR UNFUNDED MANDATE." MAYBE

WE SHOULD THINK ABOUT REDUCING UNFUNDED MANDATES ON ALL OF OUR

BUSINESSES, AND HOPEFULLY WE COULD THEN ENCOURAGE BUSINESSES TO

SPEND THAT MONEY ON HIRING MORE STAFF AND EXPANDING OPERATIONS WITH

THE ULTIMATE HOPE OF EVENTUALLY INCREASING EMPLOYMENT OPPORTUNITIES

FOR OUR FRIENDS, NEIGHBORS AND KIDS AND REVERSING OUR POPULATION

DECLINE. IN THE MEANTIME, THIS BILL INCREASES THE COSTS TO OUR

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NYS ASSEMBLY JUNE 7, 2023

MANUFACTURERS, REDUCES THEIR OPPORTUNITY TO USE THAT MONEY FOR

EMPLOYMENT AND CONTINUES OUR REPUTATION OF BEING ONE OF THE MOST

EXPENSIVE PLACES TO DO BUSINESS.

FOR THAT REASON I'M NOT ENTHUSIASTIC ON THIS BILL, BUT I

THANK AGAIN THE SPONSOR AND I THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS --

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED. SOME OF MY COLLEAGUES MAY WANT TO

SUPPORT IT BY VOTING YES HERE ON THE FLOOR OF THE ASSEMBLY, AND THAT'S

CERTAINLY ENCOURAGED IF THAT'S THEIR DESIRE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

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

SPEAKER. THE MAJORITY CONFERENCE IS IN FAVOR OF THIS PIECE OF

LEGISLATION AND WE'LL BE VOTING SO.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: YEAH, BRIEFLY, I JUST WANTED TO SAY THAT

THIS ISN'T REALLY AN UNFOUNDED -- UNFUNDED MANDATE. THIS IS

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NYS ASSEMBLY JUNE 7, 2023

MANUFACTURERS PAY INTO A -- PAY FEES INTO A FUND AND THEY COLLECT THESE

THINGS. AN UNFUNDED MANDATE WOULD BE NOT HAVING THEM COLLECTED

AND HAVING LOCALITIES HAVING TO DEAL WITH HAZARDOUS WASTE.

SO 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.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 30, CALENDAR NO. 158, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02197, CALENDAR NO.

158, DINOWITZ, OTIS, SANTABARBARA, STECK. AN ACT TO AMEND THE

GENERAL BUSINESS LAW, IN RELATION TO REQUIRING COMPARISON OF PRICES

CHARGED BY ENERGY SERVICES COMPANIES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DINOWITZ.

MR. DINOWITZ: THIS BILL WOULD REQUIRE A SIDE-BY-

SIDE COMPARISON ON THE FIRST PAGE OF ESCO CUSTOMERS' BILLING

STATEMENTS OF THE PRICE THE ESCO CHARGED DURING THE PRIOR BILLING

PERIOD COMPARED TO THE PRICE THE CUSTOMER WOULD HAVE PAID HAD THEY

RECEIVED SERVICE FROM THEIR LOCAL UTILITY CORPORATION OR MUNICIPALITY. IT

WOULD ALSO REQUIRE ESCOS TO PROVIDE AN ITEMIZED LIST OF PRICES

CHARGED BY THE ESCO FOR ANY ENERGY-RELATED VALUATED PRODUCTS DURING

SUCH BILLING PERIOD. THE NEW -- THIS NEW SUBDIVISION 10 WOULD REQUIRE

ESCOS TO PROVIDE THEIR CUSTOMERS A YEARLY STATEMENT COMPARING THE

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PRICE THEY CHARGED FOR GOODS AND SERVICES DURING THE PRIOR YEAR WITH

THE PRODUCT -- THE PRICE OF THE CUSTOMER WOULD HAVE PAID IF THEY HAD

RECEIVED SERVICES FROM THEIR LOCAL UTILITY CORPORATION OR MUNICIPALITY.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: YES.

ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS.

MR. PALMESANO: GOOD EVENING, MR. DINOWITZ.

HOW ARE YOU TONIGHT?

MR. DINOWITZ: I'M WELL, HOW ARE YOU TODAY?

MR. PALMESANO: VERY GOOD, THANK YOU.

MR. DINOWITZ: CONGO.

MR. PALMESANO: WELL, WE DON'T HAVE TO GO DOWN

THAT ROAD ON THIS ONE, BUT I THINK WE CAN OPEN THE DOOR TO ANYTHING ON

THAT ISSUE.

MR. DINOWITZ: HAPPY TO.

MR. PALMESANO: BUT ON THIS ISSUE I JUST KIND OF

WANTED TO START OUT FIRST, IF I COULD, CURRENTLY UNDER THE GENERAL

BUSINESS LAW OUR ESCOS, THERE'S A CONSUMER BILL OF RIGHTS WITHIN

THEIR CONTRACTS AND THEY'RE REQUIRED TO CLEARLY IDENTIFY ALL VARIABLE

CHARGES, AND IF ESCOS DON'T COMPLY WITH THIS REQUIREMENT THE CONTRACT

CAN BE DEEMED VOID AND UNENFORCEABLE AND THE COMPANY MAY BE

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SUBJECT TO A CIVIL PENALTY BY THE ATTORNEY GENERAL, CORRECT, UNDER THE

CURRENT LAW?

MR. DINOWITZ: IS THAT A QUESTION OR ARE YOU

MAKING A STATEMENT?

MR. PALMESANO: YEAH, YEAH. IT WAS A QUESTION.

ISN'T THAT THE CURRENT LAW?

MR. DINOWITZ: IF YOU SAY YOU SO. YOU WERE

READING IT.

MR. PALMESANO: ALL RIGHT. ALL RIGHT.

MR. DINOWITZ: I BELIEVE YOU.

MR. PALMESANO: WELL, THANK YOU. SO -- AND THE

NEXT PART I GUESS -- SO I'LL -- I'LL SAY IT AND YOU CAN AGREE WITH ME. WE

CAN DO THIS ALL NIGHT IF YOU WANT.

MR. DINOWITZ: WELL, WE CAN DO IT --

MR. PALMESANO: I GUESS THERE'S ALSO --

MR. DINOWITZ: (INAUDIBLE) 30 MINUTES ANYWAY.

MR. PALMESANO: IN 2016 THERE WAS AN ORDER

ISSUED BY THE PUBLIC SERVICE COMMISSION THAT ESCOS ARE BANNED FROM

SELLING ELECTRICITY OR NATURAL GAS TO LOW-INCOME CUSTOMERS THROUGHOUT

NEW YORK STATE RIGHT NOW, CORRECT, UNDER LAW?

MR. DINOWITZ: OKAY.

MR. PALMESANO: OKAY, GREAT. SO MY QUESTION TO

START OUT WITH BECAUSE NOW YOU SAY THEY HAVE TO DO A SIDE-BY-SIDE

COMPARISON. WHAT IS THE SIDE-BY-SIDE COMPARISON OF? IS IT THE COST, IS

IT THE USAGE, IS IT SUPPLY, IS IT DELIVERY, IS IT ALL OF THE ABOVE?

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MR. DINOWITZ: WELL, THE THINGS I JUST MENTIONED.

MR. PALMESANO: OKAY. WELL, OKAY. COULD YOU

JUST -- MAYBE PEOPLE WEREN'T LISTENING TO YOU WHEN YOU WERE TALKING.

WOULD IT BE COSTS?

MR. DINOWITZ: LET ME REPEAT IT. I'M SURE

EVERYBODY WAS LISTENING, BUT LET ME REPEAT IT, NONETHELESS. AN

ITEMIZED LIST OF PRICES CHARGED BY THE ESCO FOR ANY ENERGY-RELATED

VALUATED PRODUCTS DURING SUCH BILLING PERIOD. IT WOULD ALSO COMPARE

THE PRICE THEY CHARGED FOR GOODS AND SERVICES DURING THE PRIOR YEAR

WITH THE PRICE THE CUSTOMER WOULD HAVE PAID IF THEY RECEIVED SERVICE

FROM THEIR LOCAL UTILITY CORPORATION OR MUNICIPALITY.

MR. PALMESANO: ON THAT, WHAT -- WHAT -- JUST --

WHAT DO YOU MEAN BY VALUATED PRODUCT?

MR. DINOWITZ: PRODUCTS, ANY PRODUCTS THAT ARE

PART OF THIS CONTRACT.

MR. PALMESANO: OKAY. SO WHEN YOU SAY A SIDE-

BY-SIDE COMPARISON, DOES IT HAVE TO LIST DOLLAR AMOUNT, HOW MUCH

THEY'RE PAYING FOR THE SUPPLY OR IS IT A CHART, DO THEY HAVE TO LIST THE

USAGE?

MR. DINOWITZ: WELL, I -- I WOULD THINK A SIDE-BY-

SIDE COMPARISON WOULD MEAN THERE WOULD BE ONE COLUMN, LET'S SAY ON

THE LEFT, AND A SECOND COLUMN PERHAPS ON THE RIGHT --

MR. PALMESANO: SURE.

MR. DINOWITZ: -- AND IT WOULD INDICATE -- ONE

COLUMN WOULD BE FOR THE ESCO AND ONE COLUMN WOULD BE FOR WHAT

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THEY WOULD HAVE PAID, AND IT WOULD COMPARE THE PRICE, YOU KNOW,

WHAT THEY'RE GETTING AND SO ON.

MR. PALMESANO: SO NOW WHO HAS TO DO THIS

REPORTING, IS IT THE UTILITY OR THE ESCO?

MR. DINOWITZ: THE ESCO.

MR. PALMESANO: OKAY. BUT NOW OUR UTILITIES

USUALLY -- DON'T UTILITIES USUALLY BILL FOR THE ESCO SO THE UTILITY BILLS

OUT AND THE ESCO PAYS TO SUPPLY IT. WE'RE REALLY, AT THE END OF THE DAY

WHEN WE'RE TALKING ESCOS WE'RE TALKING ABOUT THE SUPPLY SIDE, WHICH

IS WHAT'S ON THE MARKETPLACE. THE DELIVERY AND TRANSPORTATION IS WHAT

THE UTILITY DOES. SO ARE YOU TALKING ABOUT THE -- SO ISN'T IT REALLY GOING

TO BE -- THE ONUS IS GOING TO BE ON THE UTILITY TO BASICALLY SHOW ON THEIR

UTILITY BILL WHAT THE ESCO IS PAYING?

MR. DINOWITZ: IT WOULD BE --

MR. PALMESANO: AND THEN PUT ON WHAT THEIR

RATES ARE.

MR. DINOWITZ: IT WOULD BE ON THE ESCO

CUSTOMER'S BILLING STATEMENTS.

MR. PALMESANO: RIGHT. BUT IT WOULD -- BUT IT

WOULD -- THE RESPONSIBILITY WOULD FALL ON THE UTILITY TO PUT THAT

COMPARISON ON, CORRECT?

MR. DINOWITZ: WELL, THE ESCO WOULD BE

RESPONSIBLE FOR DISSEMINATING THAT INFORMATION.

MR. PALMESANO: BUT ULTIMATELY IT WOULD BE ON

THE UTILITY TO PUT IT ON THEIR PAPERWORK, RIGHT, BECAUSE THE BILLING COMES

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FROM THE UTILITY COMPANY.

MR. DINOWITZ: WELL EITHER WAY -- EITHER WAY WE

HAVE TO GET THE COMPARISON IN ORDER TO MAKE AN INTELLIGENT JUDGMENT AS

TO WHETHER THEY'RE GETTING A GOOD PRICE AND WHETHER THEY'RE GETTING

WHAT THEY THINK THEY'RE GETTING BECAUSE WHAT'S HAPPENED IS THAT THERE'S

BEEN MANY, MANY CASES WHERE PEOPLE WERE LED TO BELIEVE ONE THING BY

SOME ESCOS - I'M NOT SAYING THEY'RE ALL BAD OR ANYTHING - BUT, IN FACT,

THEY WEREN'T GETTING WHAT THEY THOUGHT WERE GOING TO BE GETTING OR THEY

WERE GIVEN, I DON'T WANT TO SAY A BAIT AND SWITCH, BUT, LIKE THEY'RE

GIVEN A PRICE INITIALLY --

MR. PALMESANO: RIGHT.

MR. DINOWITZ: -- AND IT'S JUST SORT OF A LURE THEM

IN THING AND THEN SUDDENLY THE PRICE CHANGES AT SOME POINT.

MR. PALMESANO: I -- AND I -- AND I WOULD AGREE

WITH THAT. I WENT THROUGH THAT MANY YEARS AGO. I -- I TOOK A -- I -- I

PARTICIPATED WITH AN ESCO AND SAW IT AFTER A PERIOD OF TIME AND I

LOOKED -- AS A CUSTOMER I EVALUATED THAT, I DID MY OWN RESEARCH AND I

SWITCHED BECAUSE I THOUGHT IT WAS THE BEST DEAL FOR ME. ON THAT POINT,

WHAT -- ISN'T THERE THE OPPORTUNITY FOR CUSTOMERS RIGHT NOW, IF THEY

WANT TO CHECK THEY CAN CALL THEIR LOCAL UTILITY AND SAY, WHAT'S YOUR RATE

COMPARED TO WHAT I'M GETTING, AND THEY COULD ALSO SEE WHAT THE UTILITY

WOULD BE ABLE TO SHOW THEM WHAT THEIR, YOU KNOW, WHAT THE ESCO'S

PAYING BECAUSE THEY HAVE TO PUT THAT ON THEIR BILL BECAUSE THEY'RE THE

ONES PAYING -- THEY'RE THE ONES PUTTING IT ON THE BILL, ON THE UTILITY BILL.

MR. DINOWITZ: PEOPLE CAN ALWAYS DO RESEARCH.

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MR. PALMESANO: SURE.

MR. DINOWITZ: SOME PEOPLE DO MORE RESEARCH

THAN OTHERS, SOME PEOPLE HAVE A GREATER ABILITY TO DO RESEARCH

COMPARED TO OTHERS.

MR. PALMESANO: SURE.

MR. DINOWITZ: BUT I DON'T BELIEVE THAT THE ONUS

SHOULD BE ON THE CUSTOMER WHEN THEY PERHAPS MAY BE GETTING RIPPED

OFF BY A BIG COMPANY. THE ONUS SHOULD BE ON THE COMPANY TO PUT

FORTH THE INFORMATION THAT PEOPLE CAN LOOK AT IF THEY SO CHOOSE, AND

THEN THEY CAN MAKE AN INTELLIGENT DECISION AS TO WHETHER THEY WANT TO

CONTINUE WITH THE ESCO OR NOT.

MR. PALMESANO: AND HOW WOULD IT -- HOW

WOULD IT RELATE IF, YOU KNOW, I MEAN, SOME -- SOME PLANS ARE FIXED

RATES, SOME RATE PLANS ARE VARIABLE RATES. HOW WOULD THAT -- HOW CAN

YOU MAKE THAT COMPARISON IF IT'S A FIXED, IF IT'S A VARIABLE ON THE BILL?

IS THE BILL GOING TO HAVE TO SAY IT'S A VARIABLE RATE OR A FIXED RATE ON THE

BILL, TOO? BECAUSE IT CAN BE ANYTHING, IT DEPENDS ON WHAT THAT CONTRACT

YOU HAVE, IS IT A FIXED RATE PLAN OR IS IT A VARIABLE RATE PLAN. HOW --

DOES THAT HAVE TO BE LISTED ON THE BILL AS WELL?

MR. DINOWITZ: THEY WOULD HAVE TO PUT DOWN A

SIDE-BY-SIDE COMPARISON.

MR. PALMESANO: RIGHT. BUT TO GET AN ACCURATE

COMPARISON YOU HAVE TO KNOW IF IT'S FIXED VERSUS FIXED OR VARIABLE

VERSUS VARIABLE OR FIXED VERSUS VARIABLE, WOULDN'T YOU?

MR. DINOWITZ: WELL, THAT INFORMATION WOULD HAVE

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TO BE LISTED THERE, WHETHER IT WAS ONE OR THE OTHER.

MR. PALMESANO: OKAY. AND NOW, OBVIOUSLY, TO

PUT THIS INFORMATION IN -- IN UTILITY BILLS, REALLY ULTIMATELY THIS -- THIS --

THIS -- THIS BILL WOULD FALL ON THE UTILITY COMPANIES BECAUSE THEY ARE

ONES THAT DO THE BILLING OF THE ESCO. THEY GET TO CHARGE, WHATEVER

THE -- THE USAGE IS BY THAT INDIVIDUAL, THEY HAVE TO SEND THAT OUT TO THE

INDIVIDUAL. SO THE UTILITY COMPANY NOW BECAUSE THE PERSON HAS AN

ESCO IS GOING TO HAVE TO DO A SIDE-BY-SIDE COMPARISON ON THE BILL FOR

THAT ESCO CUSTOMER, SO THAT BURDEN WILL BE ON THE UTILITY COMPANY

NOW, RIGHT?

MR. DINOWITZ: IT WON'T BE ON THE CUSTOMER.

MR. PALMESANO: NO, I -- BUT I'M JUST SAYING, SO

IT'S THE UTILITY, NOT THE ESCO. SO -- AND OBVIOUSLY WHEN YOU TALK ABOUT

PRINTING OUT THIS BILL AND ADDING SOMETHING TO THE BILLS, I MEAN, THERE'S

MONEY INVOLVED WITH THAT. OBVIOUSLY, WOULDN'T THAT ULT -- ULTIMATELY

BE SOMETHING THAT'S GOING TO BE PASSED ALONG TO THE RATEPAYERS?

BECAUSE WHEN YOU'RE CHANGING AND ADDING MORE TO THE BILL, ADDING

MORE ON IT, THAT'S GOING TO BE SOMETHING THAT'S CHANGED AND THAT'S

EXPENSIVE. ULTIMATELY IF IT'S THE UTILITY SENDING IT OUT, NOW IT'S NOT JUST

THE ESCO BEING IMPACTED, IT'S THE RATE -- IT'S THE RATEPAYERS, EVERYONE

UNDER THAT UTILITY BOTH FOR THE TRANSPORTATION AND DELIVERY.

MR. DINOWITZ: WELL, TWO THINGS: I SUSPECT YOU'RE

MORE CONCERNED ABOUT THE COST TO THE COMPANY RATHER THAN THE

RATEPAYER. HOWEVER, I DO BELIEVE THAT IT'S NOT -- I DON'T THINK THE UTILITY

COMPANY CAN WILLY-NILLY ON THEIR OWN SIMPLY DECIDE TO PASS ON A

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TEENY-WEENY COST WITHOUT THE APPROVAL THAT WOULD BE REQUIRED.

MR. PALMESANO: WELL, I MEAN, FIRST OF ALL, I'LL --

I'LL TALK ABOUT THAT LATER. THE OTHER QUESTION, IN THE BILL I SAW THAT

THERE'S ALSO A PROVISION THAT THEY COULD ALSO DO, I THINK IT WAS ON PAGE

2, THERE'S A RIGHT OF ACTION THAT ANY PERSON WHO'S BEEN INJURED CAN FILE A

-- A SUIT AND GET MONEY BACK FROM -- FROM THAT PERSPECTIVE, AND WHAT

WOULD BE THE -- WHAT WOULD BE THE DEFINITION OF THE INJURY?

MR. DINOWITZ: WELL, WHAT LINE ARE YOU LOOKING

AT?

MR. PALMESANO: I'M ON PAGE 2, LINE 8. IT SAYS IN

ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL

PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF

ANY VIOLATION OF SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO

ENJOIN SUCH UNLAWFUL ACT OR PRACTICE IN AN ACTION TO RECOVER HIS OR HER

ACTUAL DAMAGES OF 500 OR MORE, BUT IT GOES DOWN, THEY CAN GET -- THE

COURT MAY, AT ITS DISCRETION, INCREASE THE AWARD OF DAMAGES NOT TO

EXCEED THREE TIMES, UP TO $10,000. SO THERE'S A RIGHT OF ACTION IN THIS,

TOO, AS WELL, CORRECT?

MR. DINOWITZ: WELL, FIRST OF ALL, THE ONLY CHANGE

MADE HERE IS IT'S CHANGED FROM SECTION 10 TO SECTION 12. SO THE

SECTION NUMBERS CHANGED, BUT IF YOU WILL NOTICE, THERE'S NO UNDERLINES,

THERE'S NO GREEN PRINT OR ANYTHING MEANING THAT THIS PARTICULAR BILL IS

NOT MAKING ANY CHANGES WHATSOEVER.

MR. PALMESANO: FAIR ENOUGH. AND THEN, MR.

DINOWITZ, I THINK YOU -- YOU'VE ANSWERED MY QUESTIONS. I APPRECIATE

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YOUR TIME AND I'LL GO ON THE BILL NOW.

MR. DINOWITZ: HAPPY TO BE HELPFUL.

MR. PALMESANO: THANK YOU, MR. DINOWITZ.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: YES, MR. SPEAKER. I CERTAINLY

APPRECIATE WHAT THE SPONSOR'S TRYING TO DO HERE. I UNDERSTAND WHAT HE'S

TRYING TO DO HERE, BUT I HAVE CONCERNS ABOUT IT. ULTIMATELY, THIS IS A

CHANGE THAT'S BEING MADE, IT'S OBVIOUSLY GOING TO REQUIRE NOT

NECESSARILY THE ESCO, BUT THE UTILITY CORPORATION, AND I KNOW THE

SPONSOR TRIED TO INSINUATE THAT WE DON'T CARE ABOUT THE RATEPAYER, WHICH

IS REALLY KIND OF LAUGHABLE WHEN WE TALK ABOUT SOME OF THE POLICIES

WE'RE PASSING IN THIS HOUSE. BUT I THINK OBVIOUSLY WHEN YOU -- WHEN

YOU PUT MORE TO THE BILL, MORE IS GOING TO BE ADDED ON THE BILL, YOU

CAN'T MAKE AN APPLES-TO-APPLES IF IT'S FIXED RATE VERSUS SUPPLY RATE. WE

DON'T KNOW HOW -- ALSO HOW IT IMPACTS, WHICH I DIDN'T ASK THE QUESTION

WHICH I SHOULD HAVE ASKED -- WHEN INDIVIDUALS WERE ON BUDGET PLANS.

YOU KNOW, THE BUDGET PLAN IS A FIXED AMOUNT EACH MONTH AND THEN

THAT MONEY GETS BALANCED AND SPREAD OUT OVER THE YEAR. HOW -- HOW

WOULD THAT IMPACT THAT? AND I JUST THINK THERE'S CONCERNS ABOUT THERE.

AND THE SIDE-BY-SIDE COMPARISON, AND, I MEAN, PEOPLE CAN LOOK THIS

INFORMATION AND ACTUALLY CALL THE UTILITY AND GET THAT RATE. I THINK

OBVIOUSLY ULTIMATELY WHAT YOU'RE GOING TO DO IS YOU'RE GOING TO GET A --

A BILL AND IT'S GOING TO ASK INCREASE COSTS TO THE CONSUMERS. AND I WILL

SAY, IF WE REALLY WANT TO DO STUFF TO HELP CONSUMERS, AND I KNOW MY

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NYS ASSEMBLY JUNE 7, 2023

COLLEAGUE'S LOOKING TO HELP THE RATEPAYERS, I THINK REALLY WE'VE GOT TO

LOOK AT THE BILLS. AND WHY NOT PUT ON THE BILLS -- IF WE WANT TO BE

HELPFUL WITH THE RATEPAYER, WHY NOT PUT IT ON THE BILL WHAT THEIR GREEN

ENERGY PROGRAMS ARE COSTING OUR RATEPAYERS? I MEAN, NATIONAL GRID

RECENTLY CAME OUT WITH A REPORT SAYING THAT THEY'RE GOING TO INCREASE

THEIR PRICES FOR CUSTOMERS BY 17 PERCENT TO MEET THE CLEAN ENERGY

MANDATES THAT ARE BEING PASSED ON THE STATE. NYSERDA AND THE DEC

CAME OUT WITH -- OR NYSERDA CAME OUT WITH A STUDY TWO MONTHS AGO

-- I BRING THIS UP A LOT, BUT IT SHOULD BE HEARD OVER AND OVER AGAIN, I

THINK -- THAT IF WE TAKE NO ACTION AND JUST KEEP GOING DOWN THE PATH, IF

WE DON'T MAKE ANY CHANGES, GAS PRICES AT THE PUMP FOR OUR

CONSTITUENTS ACROSS THIS STATE WILL INCREASE 63 CENTS A GALLON, AND

NATURAL GAS PRICES, HOME HEATING COSTS ARE GOING TO INCREASE 80

PERCENT. I DON'T KNOW HOW MANY OF YOUR COLLEAGUES -- CONSTITUENTS

CAN AFFORD THAT; MINE CERTAINLY CAN'T IN THE SOUTHERN TIER AND FINGER

LAKES AREA. I THINK THAT'S SOMETHING WE NEED TO BE CONSIDERATION. WE

HAVE TO LOOK AT THE CONVERSION COSTS WITH THE MANDATES TO THE GREEN

PROGRAM. THE RETROFITTING COSTS WHICH YOU TALKED ABOUT THAT COULD COST

HOMEOWNERS OVER $35,000 TO CONVERT THEIR HOMES TO THE GREEN ENERGY

MANDATE OF FULL ELECTRIFICATION.

SO WHILE I APPRECIATE WHAT THE SPONSOR'S TRYING TO DO

HERE, I THINK ULTIMATELY -- AND WHEN HE SAID -- YOU KNOW, INDICATED

THESE CHANGES WERE TEENY-WEENY CHANGES BUT THERE ARE A NUMBER OF

BILLS THAT COME THROUGH THIS HOUSE AND END UP ON THE FLOOR DEBATING

AND IT'S ALWAYS LIKE A MINIMAL COST, A MINIMAL COST HERE, A MINIMAL

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COST THERE. THOSE MINIMAL COSTS ADD UP, AND THEY'RE REAL DOLLARS TO

RATEPAYERS. THEY'RE REAL DOLLARS TO LOW-INCOME PEOPLE. THEY'RE REAL

DOLLARS TO THE SMALL BUSINESSES, FARMERS, MANUFACTURERS. SO IT CAN BE --

IT CAN BE PORTRAYED AS TEENY-WEENY COSTS, THEY'RE NOT TEENY-WEENY

COSTS. AND THE PROGRAMS THAT ARE BEING IMPLEMENTED IN THIS HOUSE

LIKE THE GREEN NEW DEAL AND THE CLCPA ARE SUBSTANTIAL COSTS THAT NO

ONE REALLY SEEMS ON THE OTHER SIDE OF THE AISLE WANTS TO TALK ABOUT OR

DEAL WITH BECAUSE, YOU KNOW, THIS ALL FOR THE GREEN -- THE GREEN ENERGY.

SO THIS BILL WILL INCREASE COSTS TO RATEPAYERS WHEN YOU

PUT MORE OF A MANDATE ON UTILITIES TO DO WORK. I'M NOT LOOKING OUT FOR

THE UTILITIES, I'M LOOKING OUT FOR THE RATEPAYERS. I UNDERSTAND THAT'S

WHAT THE SPONSOR'S TRYING DO WITH THIS BILL. ULTIMATELY, I THINK IT'S

GOING TO BE HURTING THE VERY PEOPLE HE'S TRYING TO HELP, BUT I APPRECIATE

HIS INTENTION ON THIS LEGISLATION. BUT FOR THAT REASON, MR. SPEAKER, I'M

GOING TO BE VOTING IN THE NEGATIVE ON THIS BILL AND I WOULD ENCOURAGE

MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD, SIR?

MR. DINOWITZ: SURE.

ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS.

MR. GOODELL: THANK YOU, MR. DINOWITZ. I KIND

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NYS ASSEMBLY JUNE 7, 2023

OF LIKE THIS CONCEPT OF A SIDE-BY-SIDE COMPARISON. IT MAKES IT VERY

EASY TO SEE WHETHER YOU'RE COMING AHEAD OR FALLING BEHIND WITH AN

ESCO. AND OF COURSE THE ESCOS ADVERTISE THAT THEY PROVIDE THE

ENERGY AT A LOWER COST AND THE UTILITY IS BUYING IT, RIGHT, THAT'S THEIR

SELLING POINT.

MR. DINOWITZ: WELL, THAT'S WHAT THEY SAY, IT'S NOT

NECESSARILY THE CASE. BUT A LOT -- A LOT OF COMPANIES SAY A LOT OF THINGS

WHICH MAY OR MAY NOT BE TRUE. (INAUDIBLE/CROSS-TALK) POSSIBLY NOT.

MR. GOODELL: AND THE UTILITY COMPANY, THOUGH,

ALWAYS DELIVERS THE POWER. ESCOS DON'T DELIVER, THE UTILITY COMPANY

DOES. AND SO WHEN YOU GET A BILL FOR YOUR ELECTRIC AT THE END OF THE

MONTH IF YOU HAVE AN ESCO YOU GET A BILL FROM THE UTILITY COMPANY

FOR THE DELIVERY CHARGES AND ALL THEIR EXPENSES, AND THAT'S THE SAME BILL

THAT ALSO HAS THE COST OF THE ENERGY FROM THE ESCO COMPANY, RIGHT?

IT'S ONE BILL.

MR. DINOWITZ: OKAY.

MR. GOODELL: NOW, THE UTILITY COMPANIES HAVE

MULTIPLE BILLING STRUCTURES, AND SOMETIMES IT'S A FLAT RATE, SOMETIMES

IT'S A VARIABLE RATE. SOMETIMES IT'S A VARIABLE RATE BY TIME OF DAY.

SOME UTILITIES WILL CHARGE MORE WHEN THERE'S HIGH DEMAND AND GIVE A

CUSTOMER A BREAK IF THEY WANT TO GO THAT ROUTE WITH A LOW DEMAND. SO

THE UTILITY COMPANY IS THE ONLY ONE CAN REALLY ACCURATELY CALCULATE

WHAT THE UTILITY COST WOULD BE IF THERE WERE NO ESCROW, CORRECT?

MR. DINOWITZ: WELL, THEY CAN CALCULATE WHAT THE

COST WOULD BE IF THEY WERE DELIVERING THE SERVICE.

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MR. GOODELL: AND LIKEWISE, THE ESCO

AGREEMENTS CAN ALSO VARY, RIGHT? YOU CAN HAVE A FLAT RATE, YOU CAN

HAVE A VARIABLE RATE. EVEN IF YOU HAVE A FLAT RATE, TYPICALLY THEY CAN BE

ADJUSTED FROM TIME TO TIME. SO THE ESCO RATE'S NOT A FIXED RATE FOR THE

YEAR EITHER, CORRECT?

MR. DINOWITZ: NOT NECESSARILY, YEAH.

MR. GOODELL: RIGHT. SO MY QUESTION IS, IN ORDER

TO IMPLEMENT THIS BILL - AND I APPRECIATE THE IDEA THAT YOU HAVE,

BECAUSE THAT'S -- THAT'S GREAT - AM I CORRECT, THEN, THE UTILITY COMPANY

WOULD HAVE TO CALCULATE WHAT THE CHARGE WOULD HAVE BEEN HAD A UTILITY

PROVIDED IT, AND THE ESCO WILL HAVE TO CALCULATE WHAT ITS CHARGES

WERE, AND THEN THE UTILITY COMPANY HAS TO PUT TOGETHER IN THE

SIDE-BY-SIDE BILLING THAT GOES OUT; IS THAT CORRECT?

MR. DINOWITZ: THAT SOUNDS ABOUT RIGHT.

MR. GOODELL: AND IS THERE ANY OBLIGATION UNDER

THIS BILL THAT THE UTILITY COMPANY THAT HAS A CUSTOMER THAT DOESN'T HAVE

AN ESCO PROVIDE A SIDE-BY-SIDE COMPARISON OF WHAT THAT CUSTOMER

WOULD HAVE SAVED OR COST MORE IF THEY HAD ACTUALLY GONE WITH, SAY, ANY

ONE OF THE TOP THREE OR FOUR ESCOS THAT THAT UTILITY COMPANY WORKS

WITH?

MR. DINOWITZ: NO, I THINK IT'S THE OTHER WAY

AROUND.

MR. GOODELL: WHY IS THAT WE WANT TO HAVE A COST

COMPARISON WITH AN ESCO IF THE ESCO IS PROVIDING THE POWER, BUT WE

DON'T WANT THE UTILITY COMPANY TO LET ITS CUSTOMERS KNOW WHETHER THEY

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COULD SAVE MONEY OR NOT BY SWITCHING TO AN ESCO?

MR. DINOWITZ: WELL, AS BAD AS MANY PEOPLE

MIGHT THINK SOME UTILITY COMPANIES ARE, THE FACT IS THAT THE PROBLEMS

HAVE BEEN WITH SOME ESCOS WHO HAVE BEEN MISLEADING PEOPLE IN

TERMS OF THE BENEFITS THEY WOULD GET BOTH MONEY-WISE, MAYBE IN TERMS

OF OTHER BENEFITS, YOU KNOW, GREEN STUFF. THERE'S LIKE A LAUNDRY LIST OF

THINGS THAT ESCOS MAY PROMISE. THEY DON'T ALWAYS DELIVER ON THOSE

PROMISES. SO THE PROBLEM WE'RE TRYING TO ADDRESS IS, ONE, DEALING WITH

THE ESCOS. WE MAY HAVE OTHER BILLS TO DEAL WITH UTILITY ISSUES; FOR

EXAMPLE, IT WOULD BE -- IT WOULD BE REALLY GOOD IF THE ADMINISTRATION

WOULD HAVE SIGNED LEGISLATION THAT I PASSED SEVERAL TIMES CREATING A

UTILITY CONSUMER ADVOCATE'S OFFICE, BUT THAT'S NOT FOR TODAY. WE'RE

NOT TALKING ABOUT THAT ANY MORE THAN WE WOULD TALK ABOUT ALL THE STUFF

THAT MR. -- MR. PALMESANO WAS TALKING ABOUT A FEW MINUTES AGO.

MR. GOODELL: SO THIS BILL IS ACTUALLY FAIRLY

LIMITED, RIGHT? I MEAN --

MR. DINOWITZ: IT'S -- IT'S SOMEWHAT NARROWER IN

SCOPE. THIS IS NOT REVOLUTIONARY (INAUDIBLE/CROSS-TALK) --

MR. GOODELL: SO IT DOESN'T -- IT DOESN'T REQUIRE

THE UTILITY COMPANY TO DO THE COST -- COST COMPARISON FOR UTILITY

CUSTOMERS TO LOOK AT THE FEASIBILITY OF AN ESCO. IT DOESN'T REQUIRE THE

UTILITY COMPANY TO ADVISE ITS CUSTOMERS HOW MUCH, SAY, IT WOULD SAVE

IF THEY PUT A SOLAR ARRAY ON THEIR HOUSE, RIGHT, OR REVERSE METERING. IT

DOESN'T REQUIRE THE UTILITY COMPANY TO REPORT HOW MUCH OF THAT BILL IS

BASED ON STATE TAXES OR -- OR HOW MUCH OF THE BILL IS FOR THE GREEN

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ENERGY OR THE SURCHARGE WE HAVE FOR THE MULTIBILLION-DOLLAR SURCHARGE

FOR NUCLEAR POWER PLANTS. NONE OF THAT IS COVERED BY THIS BILL, THIS IS

JUST --

MR. DINOWITZ: THIS BILL IS PRETTY NARROWLY

FOCUSED.

MR. GOODELL: GOTCHA. THANK YOU VERY MUCH,

AND I APPRECIATE THOSE CLARIFICATIONS.

MR. DINOWITZ: YOU'RE WELCOME.

MR. GOODELL: THANK YOU, SIR. AND THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL? NO?

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.

PAGE 28, CALENDAR NO. 128, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01177, CALENDAR NO.

128, PAULIN, JACOBSON, REYES. AN ACT TO AMEND THE ELECTION LAW, IN

RELATION TO BALLOTS SUBMITTED IN ENVELOPES THAT ARE SEALED WITH TAPE,

PASTE OR ANY OTHER BINDING AGENT OR DEVICE AND HAVE NO INDICATION OF

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NYS ASSEMBLY JUNE 7, 2023

TAMPERING.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. PAULIN.

MS. PAULIN: THANK YOU SO MUCH. OF COURSE. THE

BILL WOULD REQUIRE THAT ABSENTEE BALLOTS SHOULD BE CONSIDERED VALID

WHEN THE INNER ENVELOPE WHICH IS SEALED WITH TAPE, PASTE OR ANY OTHER

BINDING AGENT OR DEVICE AND THERE'S NO INDICATION OF TAMPERING.

ACTING SPEAKER AUBRY: MR. NORRIS.

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

SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU

YIELD?

MS. PAULIN: ABSOLUTELY.

ACTING SPEAKER AUBRY: MS. PAULIN YIELDS,

SIR.

MR. NORRIS: MS. PAULIN, I THINK WE'VE DEBATED THIS

BILL A COUPLE OF TIMES IN THE PAST.

MS. PAULIN: ONCE.

MR. NORRIS: ONCE? ALL RIGHT, ONE TIME. WELL, WE

WILL DO IT ONE MORE TIME.

MS. PAULIN: HOPEFULLY THE LAST ONE.

MR. NORRIS: WE'LL SEE. I GUESS MY -- MY QUESTION

IS, WHAT IS THE PURPOSE OF THIS PARTICULAR CHANGE? I MEAN, ISN'T IT

IMPORTANT TO PREVENT FRAUD, TAMPERING OF BALLOTS, AND THE CURRENT LAW

ALLOWS FOR IT TO BE SEALED?

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NYS ASSEMBLY JUNE 7, 2023

MS. PAULIN: SO THE -- I THINK YOU KNOW DURING

COVID MANY, MANY MORE PEOPLE USED ABSENTEE BALLOTS AND -- AND

CONTINUE TO DO SO. AND THE -- MANY OF THEM CAME BACK TO THE BOARD

AND THEY HAD TAPE OR THEY -- YOU KNOW, THE INNER ENVELOPE -- YOU

KNOW, THE OUTER ENVELOPE IS NOT EVEN DISCUSSED IN THE LAW -- BUT THE --

THE INNER ENVELOPE WOULD BE TAPED OR SEALED OR GLUED OR SOMETHING

BECAUSE MAYBE SOMETHING GOT UNDONE AND THEY DID THAT. SO THEY

ASKED FOR GUIDANCE FROM THE STATE BOARD OF ELECTIONS, AND THE STATE

BOARD GAVE THEM GUIDANCE THAT WE'RE CODIFYING. SO THIS BILL HAS THE

SUPPORT OF THE BOARD OF ELECTIONS, HAS THE SUPPORT OF THE ELECTION

COMMISSIONERS, BECAUSE THIS WAY IN THE LAW IT'S REAL CLEAR BECAUSE

WE'RE JUST SIMPLY CODIFYING WHAT SHOULD BE EXISTING PRACTICE.

MR. NORRIS: NOW, YOU MENTIONED TAPE, SO REGULAR

SCOTCH TAPE. I MEAN, IT IS POSSIBLE THAT SOMEONE CAN LIFT THE TAPE UP,

SLIP -- PUT IN A BRAND-NEW BALLOT AND RESEAL IT WITH NEW SCOTCH TAPE OR

THE SAME SCOTCH TAPE; WOULD THAT BE CORRECT?

MS. PAULIN: SO, IF THERE'S ANY INDICATION OF

TAMPERING -- THAT'S WHY THAT CAVEAT IS THERE, THAT'S WHY THE CAVEAT WAS

IN THE -- THE GUIDANCE THAT THE STATE BOARD HAD ISSUED TO THE LOCAL

BOARD OF ELECTIONS-- THEN THAT WOULD NOT COUNT. IT WOULD ONLY BE IF IT

WAS CLEAR THAT THE TAPE WAS PUT ON BECAUSE OF, YOU KNOW -- I OFTEN -- I

HAVE TO SAY, I OFTEN TAPE ENVELOPES, YOU KNOW, BECAUSE I JUST WANT TO

BE SURE THAT THEY'RE NOT GOING TO GET OPENED IN THE MAIL. YOU KNOW, I

DON'T TRUST THAT GLUE, I DON'T LIKE TO LICK IT THAT HARD. SO -- SO I THINK

THERE'S MANY PEOPLE IN THAT CATEGORY. AND THEY WOULDN'T KNOW

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NECESSARILY THAT BY DOING THAT, IT WOULD BE A PROBLEM. SO IT'S -- IT'S -- IF

IT LOOKS LIKE IT WAS PICKED AT OR CHANGED OR RIPPED OR SOMETHING, IT

WOULD BE IT LOOKED -- IT WOULD LIKE IT WOULD BE TEMPERED WITH AND,

THEREFORE, WOULD NOT COUNT.

MR. NORRIS: I GUESS IT WOULD BE POSSIBLE, THOUGH,

THAT SOMEONE COULD REMOVE A PIECE OF TAPE, PUT A NEW PIECE OF TAPE ON

IT, AND THERE MAY NOT BE ANY EVIDENCE OF TAMPERING UNDER THAT

SITUATION.

MS. PAULIN: I THINK IF IT LOOKED LIKE -- HONESTLY,

YOU KNOW, IF YOU TRY TO -- IF SOMETHING WAS SEALED AND YOU TRIED TO

OPEN IT CAREFULLY AND THEN TAPE IT, I THINK, YOU KNOW, COULD A REAL

MASTER DO THAT? MAYBE, BUT I -- I THINK IT -- I THINK IT WOULD LOOK

TAMPERED WITH.

MR. NORRIS: OKAY. ONE MORE QUESTION. DOES THIS

REQUIRE A CURE PERIOD? I KNOW RECENTLY WE'VE ADOPTED MANY CHANGES

WHICH REQUIRES THE VOTER TO BE NOTIFIED THAT THERE MAY NEED TO BE A

CURE. IS THERE A NOTIFICATION FOR SUCH A CURE?

MS. PAULIN: IT'S ALL -- IT'S IN THE SAME STANDARDS AS

THE OTHER THINGS THAT WE INDICATED IN THE LAW ALREADY.

MR. NORRIS: ALL RIGHT. THANK YOU, MS. PAULIN.

MS. PAULIN: SURE.

MR. NORRIS: I APPRECIATE YOU ANSWERING MY

QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ZACCARO: ON THE BILL.

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NYS ASSEMBLY JUNE 7, 2023

MR. NORRIS: THANK YOU, MR. SPEAKER. JUST

REVIEWING, AGAIN, THIS PIECE OF LEGISLATION. AS A FORMER ELECTIONS

COMMISSIONER WHO OBSERVED MANY BALLOTS BEING OPENED DURING MY

TIME, I HAVE CONCERNS THAT THE -- THE REASON IS FOR IT TO BE SEALED IS TO

PREVENT ANY TAMPERING OF THE BALLOT. YOU KNOW, THE BALLOT IS VERY

SACRED TO THE VOTER WHO MAKES SURE -- WHO WANTS TO MAKE SURE THAT

THAT BALLOT GETS COUNTED AND NOT TAMPERED WITH ALONG THE WAY. AND I

THINK BY OPENING UP THIS CAN OF WORMS, BY ADDING TAPE AND PASTE AND

OTHER THINGS, IT JUST OPENS IT UP TO POTENTIAL FRAUD, AND FOR THAT REASON I

WOULD ENCOURAGE MY COLLEAGUES TO OPPOSE THIS LEGISLATION.

THANK YOU, MR. SPEAKER, FOR HAVING THE OPPORTUNITY

TO BE HEARD ON THE BILL. THANK YOU.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZACCARO: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT CAN VOTE IN FAVOR ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER ZACCARO: MR. EICHENSTEIN.

MR. EICHENSTEIN: THANK YOU, MR. SPEAKER. THE

MAJORITY WILL BE IN THE AFFIRMATIVE ON THIS FINE PIECE OF LEGISLATION, AND

ANYONE WHO WISHES TO VOTE IN THE NEGATIVE IS WELCOME TO COME TO THE

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NYS ASSEMBLY JUNE 7, 2023

FLOOR. THANK YOU.

ACTING SPEAKER ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. JACOBSON TO EXPLAIN HIS VOTE.

MR. JACOBSON: THANK YOU, MR. SPEAKER. I WANT

TO COMMEND THE SPONSOR FOR THIS GREAT COMMONSENSE PIECE OF

LEGISLATION. SO OFTEN, A VOTER WHEN THEY'RE READY TO MAIL IN THEIR

ABSENTEE BALLOT GET AN ENVELOPE WHERE IT -- IT JUST WON'T SEAL, SO THEY

WANT TO KEEP AND WANT TO MAKE SURE THAT THE BALLOT GETS TO THE BOARD OF

ELECTIONS AND THAT NOBODY DOES ANYTHING TO THE BALLOT. SO THE

PRESUMPTION SHOULD BE, AS IN THIS BILL, THAT THE BALLOT WILL COUNT. WE

SHOULD MAKE VOTING EASY AND SIMPLE AND NOT TRY TO FIND WAYS TO

DISQUALIFY VOTERS, AND THIS ALSO APPLIES TO ABSENTEE VOTING. SO THIS IS A

GREAT COMMON SENSE BILL WHICH SHOULD HAVE PASSED YEARS AGO.

THANK YOU.

ACTING SPEAKER ZACCARO: MR. JACOBSON IN

THE AFFIRMATIVE.

MR. BURDICK TO EXPLAIN HIS VOTE.

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

ALLOWING ME TO EXPLAIN MY VOTE. I STRONGLY SUPPORT THIS MEASURE. I

THINK WE SHOULD BE DOING EVERYTHING WE CAN TO MAKE SURE THAT VOTERS

ARE NOT DISENFRANCHISED FROM THEIR VOTE. AND THIS IS PERFECTLY VALID; IT

PROVIDES FOR A MEANS TO MAKE SURE THAT FRAUD WOULD NOT BE OCCURRING.

I STRONGLY FAVOR IT AND I VOTE IN THE AFFIRMATIVE.

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NYS ASSEMBLY JUNE 7, 2023

THANK YOU, MR. SPEAKER.

ACTING SPEAKER ZACCARO: MR. BURDICK IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL HAS PASSED.

PAGE 14, RULES REPORT NO. 433, THE CLERK WILL READ.

THE CLERK: SENATE NO. S03261, RULES REPORT NO.

433, SENATOR HOYLMAN-SIGAL (A02218, WEPRIN, PAULIN, DINOWITZ,

GUNTHER). AN ACT TO REPEAL SECTION 470 OF THE JUDICIARY LAW, RELATING

TO ALLOWING ATTORNEYS HAVING OFFICES IN THE STATE TO RESIDE IN AN

ADJOINING STATE.

ACTING SPEAKER ZACCARO: AN EXPLANATION

HAS BEEN REQUESTED, MR. WEPRIN.

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

REPEALS SECTION 470 OF THE JUDICIARY LAW AND WOULD ALLOW ATTORNEYS TO

PRACTICE IN NEW YORK REGARDLESS OF WHETHER THEY HAVE AN OFFICE IN THE

STATE. SECTION 470 OF THE JUDICIARY LAW WAS ENACTED IN ITS CURRENT

FORM IN 1909, MORE THAN A CENTURY AGO, FOLLOWING PREDECESSOR STATUTES

DATING FROM 1862, AND REQUIRES NON-RESIDENT ATTORNEYS PRACTICING IN

NEW YORK WHO ARE ALREADY ADMITTED IN NEW YORK TO MAINTAIN A

PHYSICAL LAW OFFICE IN THE STATE. A CENTRAL CONCERN AT THE TIME WAS A

DIFFICULTY IN SERVING ATTORNEYS NOT LOCATED IN NEW YORK. HOWEVER,

SINCE THE ADVENT OF LONG-ARM JURISDICTION, OBTAINING JURISDICTION OVER

SUCH AN ATTORNEY IS NO LONGER PROBLEMATIC. WITH MODERN-DAY

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MECHANISMS FOR SERVING PAPERS ON ATTORNEYS NOT LOCATED IN THE STATE

SUCH AS E-MAIL, MOBILE PHONES AND EVEN FAX MACHINES, THERE IS NO

REASON TO REQUIRE A BRICK-AND-MORTAR OFFICE AS SPECIFIED IN SECTION 470.

THE CONCERNS THAT LED TO THE ADOPTION OF THIS SECTION MORE THAN A

CENTURY AGO NO LONGER EXIST, AND THE CURRENT STATUTORY PROHIBITION

SERVES NO PURPOSE IN TODAY'S GLOBAL ENVIRONMENT. ITS REPEAL WOULD NOT

CREATE ANY SIGNIFICANT DIFFICULTIES ARISING FROM THE LACK OF AN ATTORNEY'S

PHYSICAL OFFICE WITHIN THE STATE.

ACTING SPEAKER ZACCARO: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER ZACCARO: WILL THE SPONSOR

YIELD?

MR. WEPRIN: I'D BE HAPPY TO.

ACTING SPEAKER ZACCARO: THE SPONSOR

YIELDS.

MS. WALSH: THANK YOU VERY MUCH, MR. WEPRIN.

JUST A FEW QUESTIONS ABOUT THIS ONE. UNDER OUR CURRENT LAW, IS THERE

ANY REQUIREMENT THAT THERE BE OFFICE SPACE THAT'S OUTSIDE OF THE HOME?

YOU COULD HAVE A HOME OFFICE, AS I DO, AND STILL BE ABLE TO PRACTICE LAW

IN THE STATE; CORRECT?

MR. WEPRIN: THAT IS TRUE, IF THAT'S YOUR OFFICIAL

LEGAL OFFICE.

MS. WALSH: OKAY, VERY GOOD. SO, YOU MENTIONED

THAT THIS -- THE EXISTING LAW WAS FIRST, YOU KNOW, PUT INTO PLACE IN ITS

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CURRENT FORM IN THE EARLY 1900S. SINCE IT HAS BEEN SO LONG SETTLED,

WHAT'S THE JUSTIFICATION FOR CHANGING IT NOW?

MR. WEPRIN: WELL, I WAS ORIGINALLY APPROACHED BY

THE NEW YORK STATE BAR ASSOCIATION THAT STRONGLY SUPPORTS THIS

LEGISLATION. IRONICALLY, I INTRODUCED THE LEGISLATION IN THE MIDDLE OF

COVID IN 2020, SO I THINK COVID MADE IT EVEN MORE IMPORTANT TO --

TO NOT REQUIRE A PHYSICAL OFFICE BECAUSE WE ALL KNOW THAT DURING

COVID MANY ATTORNEYS NEVER MADE IT TO AN OFFICE.

MS. WALSH: AND -- AND I'LL DEFINITELY GRANT YOU

THAT DURING COVID AND DURING THE PANDEMIC THERE WERE MANY

DIFFERENT CHANGES THAT THIS LEGISLATURE MADE TO TRY TO ACCOMMODATE OR,

YOU KNOW, HELP OUT DURING THE PANDEMIC. NOW WE'RE NOT IN THE

PANDEMIC BUT STILL WE HAVE THIS BILL, SO...

MR. WEPRIN: CORRECT.

MS. WALSH: YEAH. SO, WHAT'S THE -- BEYOND THE --

THE COVID CONCERNS AND THE FACT THAT THE NEW YORK STATE BAR

ASSOCIATION APPEARS TO SUPPORT IT, WHAT -- WHAT'S THE JUSTIFICATION FOR

CHANGING SOMETHING THAT WE'VE HAD IN PLACE FOR SO LONG?

MR. WEPRIN: WELL, IT'S ARCHAIC. I MEAN, THE LAW --

YOU KNOW, CIRCUMSTANCES CHANGE. YOU KNOW, PEOPLE WOULD RIDE THEIR

HORSE AND BUGGY TO COURT BACK THEN. YOU KNOW, THINGS ARE -- ARE

DIFFERENT NOW AND IT'S -- IT'S REALLY NOT NECESSARY.

MS. WALSH: WELL, WHY WOULD WE WANT TO CREATE

UNNECESSARY COMPETITION FOR NEW YORK-BARRED ATTORNEYS THAT LIVE,

WORK AND PAY TAXES IN THE STATE OF NEW YORK?

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NYS ASSEMBLY JUNE 7, 2023

MR. WEPRIN: WELL, YOU KNOW, A LOT OF ATTORNEYS --

I DON'T THINK THIS IS GOING TO RESULT IN SIGNIFICANT COMPETITION FROM

OUT-OF-STATE ATTORNEYS.

MS. WALSH: THERE ARE A LOT OF ATTORNEYS, AS A

MATTER OF FACT WE ARE RANKED, I CHECKED, NUMBER TWO IN LAWYERS PER

CAPITA. WE HAVE OVER 187,000 LAWYERS IN NEW YORK. SO I FOUND IT

INTERESTING WHEN I WAS READING THE MEMORANDUM OF SUPPORT FOR THE

BAR ASSOCIATION BECAUSE THEY WERE TALKING ABOUT LEGAL DESERTS, AND I

FOUND THAT AMUSING WHEN YOU CONSIDER THAT WE -- WE ARE NUMBER TWO

IN THE ENTIRE NATION IN -- IN LAWYERS PER CAPITA. HOW COULD THEY

ACTUALLY ARGUE THAT WE HAVE LEGAL DESERTS?

MR. WEPRIN: WELL, THERE CLEARLY ARE PARTS OF THE

STATE THAT HAVE LESS ATTORNEYS THAN OTHERS PARTS OF THE STATE. CLEARLY,

WHEN YOU'RE DEALING WITH NEW YORK CITY THERE ARE A LOT OF ATTORNEYS,

BUT WHEN YOU'RE DEALING WITH RURAL AREAS IN NEW YORK STATE, MAYBE

WHERE MR. GOODELL LIVES, THERE ARE LESS ATTORNEYS. AND BY THE WAY,

WE'RE ONLY APPLY -- WE'RE ONLY -- THIS ONLY APPLIES TO ATTORNEYS ALREADY

ADMITTED IN NEW YORK STATE. SO WE'RE NOT LOOKING TO ALLOW ATTORNEYS

THAT AREN'T ADMITTED IN NEW YORK STATE INTO PRACTICE AND COMPETE WITH

NEW YORK LAWYERS, WE'RE JUST SAYING THAT THE ARCHAIC REQUIREMENT OF

MAINTAINING A PHYSICAL BRICK-AND-MORTAR OFFICE NO LONGER APPLY.

MS. WALSH: WELL, WHAT WE'RE SAYING IS THAT IF YOU

HAVE A -- A NEW YORK STATE ATTORNEY ADMITTED TO PRACTICE IN NEW YORK

STATE WHO WANTS TO GO LIVE IN FLORIDA AND ESTABLISH RESIDENCY THERE

BECAUSE THE TAX LAWS ARE SO MUCH BETTER, THAT HE OR SHE CAN STILL

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NYS ASSEMBLY JUNE 7, 2023

PRACTICE IN NEW YORK STATE.

MR. WEPRIN: WELL, WE'RE NOT TALKING ABOUT --

MS. WALSH: WHY WOULD WE WANT TO DO THAT?

MR. WEPRIN: WE'RE NOT TALKING ABOUT THEIR

RESIDENCY, WE'RE JUST TALKING ABOUT THE PHYSICAL OFFICE.

MS. WALSH: AND WE KNOW THAT IF AN ATTORNEY

WANTS TO COME FROM OUT-OF-STATE AND PRACTICE ON A MATTER IN NEW

YORK STATE, THAT THAT PRO HAC VICE APPLICATIONS ARE ROUTINELY GRANTED BY

THE COURTS WITH -- WITH -- I'VE NEVER -- I'VE NEVER BEEN INVOLVED IN A

CASE WHERE SOMETHING LIKE THAT WASN'T GRANTED.

MR. WEPRIN: THAT IS A VEHICLE. THAT IS ANOTHER

VEHICLE, BUT THIS IS -- THIS IS SPECIFICALLY DEALING WITH HAVING A

BRICK-AND-MORTAR OFFICE.

MS. WALSH: OKAY. SO LET'S SEE. YEAH, THAT'S RIGHT.

SO THE OTHER -- THE OTHER THING I JUST WANT TO ASK ABOUT IS UNDER THIS BILL

THERE'S NOTHING IN THIS BILL THAT WOULD PROHIBIT A LOCAL COURT FROM

HAVING A RULE THAT WOULD REQUIRE THE ATTORNEY OF RECORD TO HAVE A

PHYSICAL PRECEDENT -- PRESENCE IN NEW YORK, CORRECT?

MR. WEPRIN: NOT -- NOT SPECIFICALLY, BUT I WOULD --

WOULD -- COULDN'T IMAGINE WHY THAT WOULD HAPPEN IF WE'RE REPEALING

THE REQUIREMENT.

MS. WALSH: WELL, SOMETIMES AN AREA -- AN AREA

AROUND THE STATE MIGHT BE A LITTLE BIT PAROCHIAL AND WANT THEIR ATTORNEYS

PRACTICING IN FRONT OF THEIR LOCAL COURTS TO HAVE THAT SKIN IN THE GAME OF

HAVING A BRICK-AND-MORTAR OFFICE, YOU KNOW, NEARBY.

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NYS ASSEMBLY JUNE 7, 2023

MR. WEPRIN: IT COULD HAPPEN, BUT WE'RE -- WE'RE

DEALING WITH THE CURRENT SITUATION, AND THAT'S WHY I'M RECOMMENDING

REPEAL OF THAT STATUTE.

MS. WALSH: OKAY. ALL RIGHT, VERY GOOD. THANK

YOU, MR. WEPRIN.

MR. WEPRIN: THANK YOU.

MS. WALSH: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ZACCARO: ON THE BILL.

MS. WALSH: SO, WE ALREADY HAVE AN OUT-MIGRATION

PROBLEM IN NEW YORK STATE. NEW YORK HAS NATION-LEADING

OUT-MIGRATION. WE'VE LOST AROUND 300,000 PEOPLE TO OTHER STATES IN

OUT-MIGRATION IN THE LAST TEN YEARS ACCORDING TO THE 2020 CENSUS. AND

IN 2022, 62 PERCENT OF ALL MOVES WERE OUTBOUND, WERE -- WERE GOING

AWAY FROM US. AND I COULD DEFINITELY ENVISION A SITUATION -- WE'VE

SPOKEN MANY TIMES ABOUT THE -- THE -- THE TAXES IN NEW YORK, THE

DIFFICULTIES OF LIVING IN NEW YORK THAT HAVE RESULTED IN SOME OF THIS

OUT-MIGRATION, AND I -- I KNOW OF ANY NUMBER OF PEOPLE, ATTORNEYS AND

NON-ATTORNEYS, WHO HAVE ESTABLISHED RESIDENCY IN MORE TAX-FAVORABLE

STATES LIKE FLORIDA, FOR EX -- BUT NOT LIMITED TO FLORIDA, BUT I'M

SPECIFICALLY THINKING OF FLORIDA. AND IF YOU DON'T HAVE A PHYSICAL

OFFICE IN NEW YORK YOU MIGHT BE ABLE TO AVOID NEW YORK STATE

INCOME TAXES. AND IS THAT REALLY THE MESSAGE AND THE POLICY THAT WE

WANT TO HAVE AS PART OF -- OF OUR STATE?

SO THOSE ARE MY ISSUES WITH THE BILL. I PLAN ON VOTING

IN THE NEGATIVE AND I WOULD ENCOURAGE MY COLLEAGUES TO DO THE SAME.

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NYS ASSEMBLY JUNE 7, 2023

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER ZACCARO: MR. FLOOD.

MR. FLOOD: I APOLOGIZE, I TOOK THE BUTTON OFF. MY

COLLEAGUE HAD ASKED THE QUESTION I WAS PLANNING ON.

ACTING SPEAKER ZACCARO: MR. PIROZZOLO.

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

THE SPONSOR YIELD FOR A QUESTION OR TWO, PLEASE?

ACTING SPEAKER ZACCARO: WILL THE SPONSOR

YIELD?

MR. WEPRIN: I'D BE HAPPY TO.

ACTING SPEAKER ZACCARO: HE'D BE HAPPY TO.

MR. PIROZZOLO: SO, I'M -- I'M JUST A LITTLE BIT

CONFUSED AND WOULD APPRECIATE SOME CLARIFICATION BECAUSE I HEAR THE

TERM OF "LEGAL DESERT", AND YOU MENTIONED THIS WOULD ALLOW PEOPLE TO

BE ABLE TO HAVE A LAWYER ONLINE, BASICALLY?

MR. WEPRIN: NO, NOTHING TO DO WITH HAVING A

LAWYER ONLINE. IT HAS TO DO WITH AN ARCHAIC REQUIREMENT THAT IN ORDER

TO PRACTICE IN NEW YORK STATE YOU HAVE TO HAVE A PHYSICAL OFFICE IN THE

STATE.

MR. PIROZZOLO: OKAY. SO THAT MEANS SOMEONE

FROM OUT-OF-STATE CAN PRACTICE HERE AND THAT WOULD BASICALLY BE DONE --

ARE THEY GOING TO VISIT THEIR CLIENT OR IS THAT GOING TO BE THROUGH THE

INTERNET? IS IT GOING TO BE AN ONLINE MEETING LIKE A ZOOM MEETING?

MR. WEPRIN: I DON'T KNOW WHAT THEIR, YOU KNOW,

SITUATION WOULD BE, BUT THIS IS A 1909 LAW THAT IS -- IS OUT OF DATE AND

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NYS ASSEMBLY JUNE 7, 2023

THAT'S WHY THE LEGISLATION IS REPEALING IT.

MR. PIROZZOLO: I GET IT'S A 1909 LAW, I'M NOT

DEBATING THAT FACT AND I, YOU KNOW, REGARDLESS. JUST MY CONCERN IS THAT

IF PEOPLE OUT-OF-STATE, FROM ANOTHER STATE FAR AWAY, CALIFORNIA, YOU

KNOW, CHICAGO, WHEREVER IT MAY BE, OKLAHOMA, ARE GOING TO BE ABLE

TO DO BUSINESS IN NEW YORK, THAT BUSINESS OBVIOUSLY CAN ONLY BE DONE

ONLINE OR VIA A ZOOM MEETING; WOULDN'T THAT BE CORRECT?

MR. WEPRIN: OKAY, WELL, THIS LEGISLATION DOESN'T

CHANGE THAT. THERE -- AS OUR COLLEAGUE JUST POINTED OUT, THERE ARE MANY

ATTORNEYS COMING HERE BEING ADMITTED PRO HAC VICE AND PRACTICING.

THIS IS JUST ELIMINATING THE REQUIREMENT THAT THEY HAVE A PHYSICAL

OFFICE.

MR. PIROZZOLO: SO, I GET THAT. BUT THEN SO

WOULDN'T THOSE SAME PEOPLE IN NEW YORK BE ABLE TO CONTACT NEW YORK

ATTORNEYS WHO LIVE IN NEW YORK, SUPPORT NEW YORK, HIRE PEOPLE IN

NEW YORK, DO BUSINESS IN NEW YORK, PAY TAXES IN NEW YORK JUST AS

EASILY WOULD BE SOME GUY FROM OKLAHOMA?

MR. WEPRIN: THEY COULD DO THAT AS WELL, BUT

AGAIN, THIS IS JUST DEALING WITH THE SITUATION WHERE AN ATTORNEY THAT'S

ALREADY ADMITTED IN NEW YORK STATE WHO WANTS TO PRACTICE FOR

WHATEVER REASON, IT COULD HAVE BEEN COVID, HOW MANY PEOPLE GAVE

UP PHYSICAL OFFICES DURING COVID? I KNOW QUITE A FEW THAT HAVE DONE

EVERYTHING, YOU KNOW, ONLINE REMOTELY SINCE COVID. SO THAT'S A

PERFECT EXAMPLE, THEY SHOULD NOT HAVE TO BE REQUIRED TO HAVE A

PHYSICAL OFFICE.

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NYS ASSEMBLY JUNE 7, 2023

MR. PIROZZOLO: THANK YOU VERY MUCH.

IF I MAY, ON THE BILL, PLEASE, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PIROZZOLO: YOU KNOW, SO MY CONCERN HERE

IS REALLY THAT WE'RE GIVING AWAY NEW YORK BUSINESS TO OTHER STATES TO

ATTORNEYS FROM ALL OVER THE COUNTRY BECAUSE ONCE WE DO THIS, I MEAN,

THERE'S NOTHING TO STOP ANY ATTORNEY ANYWHERE SAYING, WELL, YOU KNOW,

I'M GOING TO ADVERTISE IN NEW YORK AND MAYBE THAT CLIENT IN NEW YORK

WILL PICK ME UP AND BECAUSE OF THE ADVENT OF ZOOM I'LL -- I'LL BE ABLE TO

DO BUSINESS IN ZOOM, AND WE ARE ONCE AGAIN, YOU KNOW, WE'RE

WEAKENING OUR BUSINESS BASE IN NEW YORK. SO I UNDERSTAND IT'S AN OLD

BILL, I DON'T REALLY CARE THAT IT'S AN OLD BILL. WHAT I DO CARE ABOUT IS THE

STRENGTH OF NEW YORK, THE STRENGTH OF OUR ECONOMY, THE STRENGTH OF

PEOPLE WHO LIVE HERE, WHO'VE GONE TO LAW SCHOOL WHO QUALIFIED TO

PRACTICE IN NEW YORK AND THEY ACTUALLY SUPPORT NEW YORK AND -- AND

ITS BUSINESS ECONOMY. I DON'T THINK WE SHOULD BE OPENING THIS UP TO --

TO LAWYERS THAT ARE STATES AWAY, THAT LIVE ACROSS THE NATION OR ANYWHERE

ELSE BUT NEW YORK.

SO I THINK I'M GOING TO VOTE NO ON THIS AND I WOULD

HOPE OUR COLLEAGUES WOULD ALSO.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. WEPRIN?

MR. WEPRIN: I'D BE HAPPY TO.

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: MR. WEPRIN YIELDS.

MR. GOODELL: THANK YOU, MR. WEPRIN. I KNOW

THAT DURING COVID WHEN GOVERNOR CUOMO SHUT DOWN NEW YORK

STATE THAT THERE WERE LITERALLY THOUSANDS AND THOUSANDS OF RESIDENTS IN

NEW JERSEY WHO WERE FORCED DURING COVID TO WORK FROM HOME, EVEN

THOUGH THEIR EMPLOYER AND THEIR OFFICE USED TO BE IN NEW YORK CITY.

AND I KNOW THAT NEW JERSEY AT THE TIME HAD GIVEN CREDIT TO NEW

JERSEY RESIDENTS WHO PAID TAXES IN NEW YORK AND OTHER STATES TO THE

TUNE OF $3.85 BILLION. AND I KNOW THAT NEW JERSEY SAID, SINCE OUR

RESIDENTS ARE NOT LEAVING OUR STATE ANYMORE AND THEY'RE ONLY WORKING

IN NEW YORK -- I'M SORRY, IN NEW JERSEY -- AND THEY'RE NOT EVEN

CROSSING THE RIVER, THEY SHOULDN'T PAY NEW YORK STATE TAXES. AND AS I

RECALL, THE AMOUNT THEY WERE TALKING ABOUT WAS $3- OR $400 MILLION.

WHAT HAPPENED TO THAT? DO YOU KNOW HOW THAT WAS RESOLVED?

MR. WEPRIN: WE CAN FIND OUT, BUT THAT'S NOT REALLY

RELEVANT TO THE -- TO THE CURRENT LEGISLATION.

MR. GOODELL: WELL, THE REASON I -- I ASK THE

QUESTION IS BECAUSE AMONGST THOSE PEOPLE WHO WERE WORKING SOLELY AT

HOME IN NEW JERSEY, WHOM NEW JERSEY CLAIMED THEY NO LONGER OWED

ANY NEW YORK TAXES, WERE A NUMBER OF NEW JERSEY RESIDENTS WHO

WERE LICENSED NEW YORK ATTORNEYS. AND SO MY QUESTION IS, IF YOU CAN

LIVE IN JERSEY AND WORK FOR A NEW YORK COMPANY ON A TRANSACTIONAL

BASIS, FOR EXAMPLE AS A CORPORATE LAWYER, DO YOU PAY NEW YORK TAXES

EVEN THOUGH YOU NEVER CROSSED THE RIVER? DON'T YOU -- AREN'T YOU

OBLIGATED TO PAY NEW JERSEY TAXES?

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NYS ASSEMBLY JUNE 7, 2023

MR. WEPRIN: WELL, I DON'T KNOW ABOUT THAT, BUT IN

THE CASE THAT YOU CITED, ANY NEW YORK STATE-ADMITTED ATTORNEY WOULD

HAVE TO PAY AND -- AND EARNING INCOME FROM NEW YORK WOULD HAVE TO

PAY NEW YORK STATE INCOME TAXES, AND OF COURSE WOULD HAVE TO PAY

NEW YORK STATE FEES BY BEING ADMITTED IN NEW YORK STATE.

MR. GOODELL: SO AT ONE TIME I WAS ADMITTED IN

NEW YORK AND THE DISTRICT OF COLUMBIA AND THE COMMONWEALTH OF

VIRGINIA. ARE YOU SAYING THAT IF I GOT A CALL FROM VIRGINIA -- MY OFFICE,

BY THE WAY, FOR A WHILE WAS IN -- WAS IN D.C. -- ARE YOU SAYING IF I GOT

A CALL FROM A CLIENT IN VIRGINIA I WAS SUPPOSED TO PAY VIRGINIA INCOME

TAXES, BUT IF THE VIRGINIA CLIENT CAME TO MY OFFICE IN D.C. I'D PAY D.C.

TAXES?

MR. WEPRIN: I'M NOT SAYING THAT.

MR. GOODELL: OKAY. SO, I MEAN, THERE WAS $3-

OR $400 MILLION IN DISPUTE AND THIS BILL SAYS IF YOU'RE A VERY WEALTHY,

HIGH-PAID LAWYER ADMITTED TO PRACTICE IN NEW YORK YOU CAN LIVE

ANYWHERE IN THE NATION, AND PRESUMABLY IF YOU NEVER, EVER CROSS THE

RIVER OR LAND IN NEW YORK YOU WOULD NEVER HAVE TO PAY NEW YORK

TAXES; ISN'T THAT CORRECT?

MR. WEPRIN: IT'S THE SAME AS THE SITUATION WHICH IS

VERY COMMON OF NEW YORK CITY ATTORNEYS THAT LIVE IN CONNECTICUT OR

-- OR NEW JERSEY OR OTHER PLACES RIGHT NOW. THEY WOULD STILL HAVE TO

PAY TAXES.

MR. GOODELL: WELL, OF COURSE RIGHT NOW THE ONLY

WAY A CONNECTICUT ATTORNEY CAN PRACTICE IN NEW YORK IS IF THEY HAVE

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NYS ASSEMBLY JUNE 7, 2023

AN OFFICE IN NEW YORK. AND SO I AGREE IT'S NOT JUST AN ISSUE WITH NEW

JERSEY, IT'S AN ISSUE WITH LAWYERS IN NEW JERSEY, HIGH-PRICED LAWYERS

WHO LIVE IN CONNECTICUT AND WOULD RATHER NEVER COME ACROSS THE

BORDER IF THEY CAN SAVE TAXES, OR PENNSYLVANIA OR OHIO OR REALLY

ANYWHERE IN THE STATE AND THE NATION, RIGHT?

MR. WEPRIN: IN THEORY, YES.

MR. GOODELL: AND WE'RE NOT REALLY ASKING

ATTORNEYS WHO ARE LICENSED IN NEW YORK AND MIGHT BE LICENSED IN

MULTIPLE STATES TO ACTUALLY DIVIDE UP THEIR INCOME BASED ON THE

RESIDENCE OF THEIR CLIENT, RIGHT? THAT'S --

MR. WEPRIN: WELL, THEY WOULD STILL BE REQUIRED TO

-- TO COME TO COURT IN NEW YORK STATE.

MR. GOODELL: BUT ONLY IF THEY DO COURT WORK. I

MEAN TO BE HONEST WITH YOU I DO TRANSACTION WORK, YOU KNOW,

BANKING, CONTRACTS, REAL ESTATE. I DON'T NORMALLY GO TO COURT. SO IF

YOU'RE A TRANSACTIONAL LAWYER - AND I DARE SAY THE HIGHEST PAID LAWYERS

IN NEW YORK STATE ARE PROBABLY TRANSACTIONAL LAWYERS, GUYS LIKE TAX

LAWYERS, WHO BY THE WAY, KNOW THE DIFFERENCE IN TAXES BETWEEN NEW

YORK AND NEW JERSEY OR FLORIDA, BUT IF YOU DON'T COME INTO NEW YORK

YOU WOULD NEVER HAVE TO PAY NEW YORK TAXES, RIGHT?

MR. WEPRIN: I DON'T THINK THAT'S TRUE. YEAH, I DON'T

THINK THAT'S TRUE. I THINK YOU'D STILL BE REQUIRED TO -- TO PAY NEW YORK

TAXES IF YOUR TRANSACTIONAL WORK IS IN NEW YORK.

MR. GOODELL: I SEE. EVEN IF YOU NEVER EVER SET

FOOT IN NEW YORK?

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NYS ASSEMBLY JUNE 7, 2023

MR. WEPRIN: I'M NOT SURE.

MR. GOODELL: BECAUSE THAT'S WHAT THIS BILL

ALLOWS. IT ALLOWS YOU TO BE OUTSIDE OF NEW YORK, NEVER STEP FOOT IN

NEW YORK, AND I SUSPECT YOU'LL NEVER SEND A CHECK FOR INCOME TAXES TO

NEW YORK EITHER.

MR. WEPRIN: WELL, YOU'RE TALKING ABOUT ONE

POSSIBLE LONE INCIDENT, BUT THE -- THE BULK OF -- OF PEOPLE THIS WOULD

NOT CHANGE, YOU KNOW, THE PAYMENT OF TAXES OR FEES TO NEW YORK

STATE.

MR. GOODELL: THANK YOU VERY MUCH, MR.

WEPRIN. I APPRECIATE YOUR COMMENTS.

SIR, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: YOU KNOW, SADLY, IN NEW YORK

CITY WE CURRENTLY HAVE A DISTINCTION OF BEING NUMBER ONE IN THE

NATION. NUMBER ONE IN THE NATION IN THE HIGHEST INCOME TAX RATE.

WE'RE EVEN HIGHER THAN CALIFORNIA. WE'RE EVEN HIGHER THAN

MASSACHUSETTS, WHICH WE USED TO JOKINGLY CALL TAXACHUSETTS, EXCEPT

THEIR DEMOCRAT GOVERNOR IS TRYING TO CUT TAXES, SHAMEFULLY, LEAVING US

IN THAT ENVIABLE POSITION OF HAVING THE HIGHEST TAX RATE IN THE NATION.

AND SO IT'S NO SURPRISE THAT THE HIGH PAID LAWYERS WHERE LICENSED IN

NEW YORK, WOULD RATHER NOT PAY OUR INCOME TAXES. AND IF YOU'RE

PAYING 15 PERCENT OF YOUR INCOME IN INCOME TAXES AND YOU WERE

MAKING $1 MILLION A YEAR, YOU MIGHT PREFER TO SAVE 150,000 BY DOING

YOUR WORK OVER THE INTERNET, OR BY E-MAIL, OR BY PHONE, BECAUSE THAT'S

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NYS ASSEMBLY JUNE 7, 2023

HOW MUCH YOU SAVE IF YOU GO TO FLORIDA. IMAGINE THAT, 150,000 A

YEAR. SO WHILE I ABSOLUTELY AGREE WITH MY COLLEAGUE THAT IN TODAY'S

WORLD YOU DON'T NEED A PHYSICAL OFFICE, YOU CAN DO ALL YOUR WORK

ANYWHERE YOU WANT. AND IF YOU CAN DO ALL YOUR WORK ANYWHERE YOU

WANT AND NEW YORK TAXES YOU THE MOST, IF YOU HAVE A

BRICK-AND-MORTAR BUILDING HERE, YOU WON'T HAVE A BRICK-AND-MORTAR

BUILDING HERE AND WE WON'T HAVE THE TAX REVENUE. AND WE'RE TALKING

HUNDREDS AND MILLIONS OF DOLLARS AS YOU EXTEND THAT TO OTHERS. SO I

CERTAINLY APPRECIATE MY COLLEAGUE'S OBSERVATIONS. THE LAW HAS

CHANGED A LOT, BUT I THINK IF WE WANT NEW YORK LAWYERS TO PRACTICE IN

NEW YORK AND PAY NEW YORK TAXES AND CONTRIBUTE TO OUR GREAT STATE

WE OUGHT TO EXPECT THEM TO BE HERE TO HELP US. THANK YOU, SIR. AND

THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. WEPRIN, WILL YOU

YIELD?

MR. WEPRIN: YES, I WILL.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. RA: OKAY. SO JUST QUICKLY. YOU KNOW, AT THE

OUTSET YOU TALKED ABOUT, YOU KNOW, OBVIOUSLY THIS BEING A STATUTE THAT'S

BEEN ON THE BOOKS FOR MANY YEARS. AND I THINK EVERYBODY HAS THE

KNOWLEDGE THAT WE LIVE IN A DIFFERENT WORLD THAN WE DID THEN, BUT I

KNOW THERE'S CASE LAWS WHO HAVE REAFFIRMED THIS -- THIS REQUIREMENT,

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NYS ASSEMBLY JUNE 7, 2023

YOU KNOW, IN MORE RECENT YEARS. SO I GUESS MY -- MY QUESTION IS,

REALLY WHAT IS -- WHAT ARE WE TRYING TO REALLY ACCOMPLISH HERE? WHAT

IS THE JUSTIFICATION? WE KNOW SOMEBODY CAN FOR A SPECIFIC SITUATION

MAKE A MOTION TO APPEAR, BUT I MEAN ARE YOU ENVISIONING A PERSON THAT

HAS NO PHYSICAL PRESENCE IN NEW YORK WHO IS GOING TO REGULARLY BE

ENGAGING IN THE PRACTICE OF LAW IN NEW YORK UNDER THIS?

MR. WEPRIN: I'M NOT ANTICIPATING THAT, BUT AT THE

SAME TIME YOU'RE EXPANDING THE LAWYER BASE AND THE TRANSACTIONS IN

NEW YORK STATE. THE NEW YORK STATE BAR ASSOCIATION, AS I SAID

EARLIER, IS SUPPORTING THIS LEGISLATION BECAUSE IT'LL PROBABLY RESULT IN

MORE LEGAL BUSINESS IN NEW YORK STATE AND IT JUST -- THERE ARE PROBABLY

PEOPLE THAT -- WHO DID NOT HAVE THE -- THE PHYSICAL OFFICE THAT ARE NOT

ACCEPTING CLIENTS OR NOT DOING NEW YORK TRANSACTIONS. SO I THINK IF IT

WOULD, YOU KNOW, HINDER THAT I DON'T THINK THE NEW YORK STATE BAR

ASSOCIATION WOULD BE SUPPORTING IT. SO I THINK IT'S GOING TO INCREASE,

YOU KNOW, THE AVAILABILITY OF LAWYERS IN NEW YORK STATE.

MR. RA: I'LL -- I'LL -- CALL ME A SKEPTIC BUT I -- I COULD

ENVISION THEM LIKING IT FOR OTHER REASONS LIKE PERHAPS THAT MAYBE MORE

PEOPLE WOULD JOIN THE NEW YORK BAR ASSOCIATION AND -- AND PAY THE --

PAY THE FEES TO DO SO. BUT I -- I GUESS MY -- MY OTHER QUESTION IS, I

GUESS AGAIN WHY IS THE SITUATION NOW THAT SOMEBODY CAN MAKE THAT

MOTION TO -- TO DEAL WITH A MATTER NOT SUFFICIENT? DO YOU FEEL THAT THAT

PROCESS IS -- IS TOO CUMBERSOME? IS THAT SOMETHING WE SHOULD BE

LOOKING AT AS OPPOSED TO THIS WIDESPREAD SOLUTION?

MR. WEPRIN: POSSIBLY, BUT AGAIN, IT'S DISCRETIONARY

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NYS ASSEMBLY JUNE 7, 2023

WITH INDIVIDUAL JUDGES. AND, YOU KNOW, IN DIFFERENT, YOU KNOW, PARTS

OF -- OF THE STATE OR THE COUNTRY AND, YOU KNOW, I THINK THIS IS -- SOLVES

A -- IS A SIMPLE SOLUTION FOR AN ARCHAIC LAW.

MR. RA: THANK YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: SO, YOU KNOW, LIKE -- MY COLLEAGUE SAID,

YOU KNOW, YES, WE LIVE IN A DIFFERENT WORLD THAN WE DID WHEN THIS WAS

FIRST PUT INTO PLACE BUT, YOU KNOW, THIS HAS BEEN EVALUATING CASE LAW IN

MORE RECENT YEARS. AND ACTUALLY THE COURT OF APPEALS JUST A FEW YEARS

AGO IN SCHOENEFELD CASE SAID THAT NEW YORK HAS, QUOTE, "AN INTEREST IN

ENSURING THAT PERSONAL SERVICE CAN BE ACCOMPLISHED ON NON-RESIDENT

ATTORNEYS ADMITTED TO PRACTICE HERE." I THINK THERE ARE CONCERNS WITH

THIS -- WITH THIS LEGISLATION IN THAT I'M JUST NOT SURE IT'S -- IT'S NECESSARY

AND WE HAVE MECHANISMS BY WHICH SOMEBODY WHO WANTS TO HANDLE A

MATTER CAN MAKE AN APPLICATION TO COURT AND DO SO, BUT ALLOWING, YOU

KNOW, SOMEBODY TO BASICALLY ENGAGE IN THE FULL-SCALE PRACTICE AND

HAVE THEIR -- BASICALLY HAVE THEIR FULL PRACTICE GOING IN NEW YORK STATE

WITHOUT ANY PHYSICAL PRESENCE HERE OR -- OR OFFICE OR ANYTHING I THINK IS

CONCERNING, AND I'M GOING TO BE VOTING IN THE NEGATIVE. THANK YOU.

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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NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED. THOSE WHO SUPPORT THAT ARE

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

ACTING SPEAKER AUBRY: MR. GIBBS.

MR. GIBBS: MR. SPEAKER, THE MAJORITY IS IN THE

AFFIRMATIVE. IF THOSE WHO CHOOSE TO VOTE IN THE NEGATIVE, THEY MAY

CHOOSE TO DO SO. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU BOTH.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BROWN TO EXPLAIN HIS VOTE.

MR. A. BROWN: THANK YOU, MR. SPEAKER. SIMPLY

PUT, IT'S BEEN SAID MANY TIMES THERE'S NO BETTER GOVERNMENT THAN SMALL

AND LOCAL GOVERNMENT. I RUN A LITTLE VILLAGE AND WE ARE THE SHOPPING --

THE SHOPPING DISTRICT OF THE SOUTH SHORE OF LONG ISLAND. EVERY YEAR I

HOST A SIDEWALK SALE AND PEOPLE COME FROM ALL OVER THE STATE AND BIG

ISSUE IS OTHER MERCHANTS FROM OUTSIDE OF THE VILLAGE WANT TO BRING THEIR

WARES INTO THE VILLAGE AND SET UP SHOP AND I ALWAYS SAY ABSOLUTELY NOT.

AND THE REASON FOR THAT IS WHY SHOULD A MERCHANT FROM OUTSIDE OF OUR

VILLAGE SET UP SHOP WHEN OUR MERCHANTS PAY TAXES AND CONTRIBUTE TO

THE LOCAL ECONOMY IN EVERY WAY. THEY PAY FOR THEIR RENT, THEY PAY FOR

THEIR HEAT, THEY PAY FOR THEIR EMPLOYEES, WHY SHOULD ANOTHER GUY SET

UP A SHOP AND TABLE OUTSIDE THE FRONT OF THE STORE AND HAVE THE BENEFITS,

AND THIS IS EXACTLY THE SAME SITUATION. WHY SHOULD WE HAVE A LAWYER,

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NYS ASSEMBLY JUNE 7, 2023

AN ATTORNEY FROM OUTSIDE OF THE STATE REAP ALL THE BENEFITS AND

CONTRIBUTE NOTHING TO THE LOCAL ECONOMY. AND FOR THIS REASON I VOTE IN

THE NEGATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BROWN IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 15, RULES REPORT NO. 437, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02898-A, RULES

REPORT NO. 437, CARROLL, EPSTEIN, SHIMSKY, GONZÁLEZ-ROJAS,

MCDONALD, DINOWITZ, GALLAGHER, SEAWRIGHT, JEAN-PIERRE, THIELE,

CUNNINGHAM, WOERNER, K. BROWN, FORREST, SIMON, WEPRIN. AN ACT TO

AMEND THE INSURANCE LAW, IN RELATION TO REQUIRING CERTAIN INSURANCE

POLICIES TO COVER NEUROPSYCHOLOGICAL EXAMS FOR DYSLEXIA.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BLUMENCRANZ TO EXPLAIN HIS VOTE.

MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER.

AND I'D LIKE TO THANK THE SPONSOR FOR INTRODUCING THIS PIECE OF

LEGISLATION. WE'RE SEEING THE TOPIC OF DYSLEXIA IN EARLY READING BECOME

MORE AND MORE OF A LEGISLATIVE CONVERSATION AS WE'VE SEEN THE

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NYS ASSEMBLY JUNE 7, 2023

ADOPTION OF BALANCED LITERACY IN OUR SCHOOLS. EARLY DETECTION IS VITAL,

UNDERSTANDING THAT PHONICS IS THE FIRST STEP IN READING AND READING

EDUCATION THAT ALLOWS FOR EARLY DETECTION TO HAPPEN MORE NATURALLY

WITH EDUCATORS AND THAT SIGNS OF READING TACTICS FOR OUR EDUCATORS IS

IMPORTANT. WE'VE HAD A GENERATION OF EDUCATORS NOW WHO USE

TEACHING METHODS THAT ARE NO LONGER CONSIDERED ADEQUATE IN ALLOWING

FOR THE EARLY DETECTION THAT'S SO NECESSARY. THIS BILL TAKES A GREAT FIRST

STEP BUT MORE IS NEEDED TO MAKE SURE THAT OUR SCHOOLS AND OUR

EDUCATORS ARE DOING EVERYTHING THEY CAN TO ADJUST THE READING

CURRICULUM SO THAT PARENTS OF STUDENTS WITH DYSLEXIA AND DYSLEXIC

READERS ARE NOT SEEN AS SQUEAKY WHEELS IN A NEW FORM OF READING

TACTICS BUT THEIR NEEDS AND CONCERNS ARE BEING MET IN THE NEXT

GENERATION OF TEACHING METHODS FOR OUR STUDENTS. SO FOR THAT REASON

I'M IN THE AFFIRMATIVE. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU. MR.

BLUMENCRANZ IN THE AFFIRMATIVE.

MR. CARROLL TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. THIS BILL VERY SIMPLY CLARIFIES CURRENT LAW MAKING

SURE THAT FOLKS WHO HAVE PRIVATE INSURANCE CAN HAVE A

NEUROPSYCHOLOGICAL EVALUATION PAID FOR TO DIAGNOSE DYSLEXIA. RIGHT

NOW SO MANY NEW YORKERS ARE DENIED THE ABILITY TO HAVE A DIAGNOSIS

OF DYSLEXIA WHICH IS A NEUROBIOLOGICAL DISORDER, THAT IF THEY WERE TO

HAVE THAT DIAGNOSIS NOT ONLY WOULD THEY BE ABLE TO GET PROPER

TREATMENT AND REMEDIATE THAT DYSLEXIA, BUT THEY WOULD BE ABLE TO MAKE

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NYS ASSEMBLY JUNE 7, 2023

SURE AND SAVE UP OTHER ISSUES THAT COME WITH UNDIAGNOSED DYSLEXIA

LIKE ANXIETY, DEPRESSION AND MANY OTHER ISSUES. THIS WILL GO AND HELP

SO MANY NEW YORKERS, ESPECIALLY LOW-INCOME AND MIDDLE-INCOME

NEW YORKERS WHO CANNOT AFFORD 5-, 6-, 7,000 OUT-OF-POCKET TO PAY FOR

ONE OF THESE EXAMS. I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE,

MR. SPEAKER. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. CARROLL IN THE AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I WASN'T

INTENDING TO EXPLAIN MY VOTE BUT I DO WANT TO SAY THAT I SUPPORT THIS

LEGISLATION WHOLEHEARTEDLY. AS A PRACTITIONER IN THE FIELD, I CANNOT TELL

YOU HOW MANY TIMES THE DIFFICULTY GETTING AN EVALUATION, THE DIFFICULTY

GETTING AN EVALUATION OFTEN KEEPS KIDS FROM GETTING THE SUPPORT THEY

NEED IN SCHOOL AND IT IS PRECLUSIVE FOR MANY PEOPLE ACTUALLY BEING ABLE

TO PURSUE THEIR CIVIL RIGHTS. SO I'M VERY HAPPY TO BE VOTING IN THE

AFFIRMATIVE AND I LOOK FORWARD TO INSURANCE COMPANIES ACTUALLY PAYING

FOR THE -- THE EVALUATIONS. THANK YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MR. WEPRIN TO EXPLAIN HIS VOTE.

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

CAME TO THE INSURANCE COMMITTEE AND WE -- IT'S COVERAGE THAT MAKES A

LOT OF SENSE, SHOULD HAVE BEEN IN PLACE FOR A LONG TIME. AS THE SPONSOR

HAS MADE ALL OF US AWARE ON MANY OCCASIONS, DYSLEXIA IS -- IS A MAJOR

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NYS ASSEMBLY JUNE 7, 2023

PROBLEM, HAS -- HAS BEEN -- HAD BEEN FOUND TO BE A REAL HINDRANCE TO

CHILDREN IN THEIR DEVELOPMENT AND CERTAINLY HAVING REIMBURSEMENT FOR

COVERAGE FOR DYSLEXIA WILL GO A LONG WAY TO HELPING OUR CHILDREN

DEVELOP, AND I WITHDRAW MY REQUEST AND I PROUDLY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. WEPRIN 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. 449, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05109-A, RULES

REPORT NO. 449, GLICK, LUPARDO, SIMON, BURDICK, EPSTEIN, DINOWITZ,

STIRPE, THIELE, L. ROSENTHAL, LAVINE, WOERNER, CRUZ, PRETLOW,

SANTABARBARA, COLTON, RAGA, SIMONE, L. ROSENTHAL. AN ACT TO AMEND

THE AGRICULTURE AND MARKETS LAW, IN RELATION TO PROHIBITING THE

SLAUGHTERING OF HORSES FOR HUMAN OR ANIMAL CONSUMPTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

GLICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

AN EXPLANATION IS REQUESTED, MS. GLICK.

MS. GLICK: THANK YOU, MR. SPEAKER. THE PURPOSE

OF THE BILL IS TO PROHIBIT A PERSON, A CORPORATION OR OTHER ENTITY THAT

OWNS A HORSE FROM SELLING IT, TRANSPORTING IT FOR SLAUGHTER FOR THE

PURPOSE OF HUMAN OR ANIMAL CONSUMPTION. THERE ARE A NUMBER OF

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NYS ASSEMBLY JUNE 7, 2023

REASONS. MANY PEOPLE UNLIKE OTHER FARM ANIMALS, HORSES ARE NOT

INTENDED TO BE PART OF THE FOOD SUPPLY AND SO IN MANY INSTANCES THEY'RE

TREATED WITH MEDICATIONS THAT WOULD NEVER BE USED FOR ANIMALS THAT ARE

INTENDED TO BE PART OF THE FOOD SUPPLY. SO IT'S A PUBLIC HEALTH ISSUE,

BUT IT'S ALSO THE FACT THAT THEY -- IT'S NOT AN APPROPRIATE WAY TO DEAL WITH

HORSES TO SEND THEM TO SLAUGHTER FOR HUMAN OR ANIMAL CONSUMPTION.

ACTING SPEAKER AUBRY: MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER. WOULD THE

CHAIR PLEASE YIELD FOR SOME QUESTIONS?

MS. GLICK: OF COURSE.

ACTING SPEAKER AUBRY: MS. GLICK YIELDS.

MR. TAGUE: THANK YOU. DOES THIS BILL OFFER ANY

FUNDING TO REIMBURSE THE FARM OR HORSE OWNER, PRODUCER FOR RESALE

VALUE?

MS. GLICK: NO, IT DOESN'T. IF SOMEONE HAS A HORSE

THAT HAS BEEN EITHER A WORKING HORSE OR A FAMILY COMPANION ANIMAL, IT

DOES NOT PROVIDE THOSE INDIVIDUALS FOR THE -- I -- I ASSUME YOU'RE ASKING

FOR THE -- THE DISPOSAL OF THE ANIMAL.

MR. TAGUE: YES.

MS. GLICK: AND NO, THAT IS NOT PART OF THIS BILL BUT

IT'S OBVIOUSLY SOMETHING WE COULD TALK ABOUT IN A BUDGET NEXT YEAR.

MR. TAGUE: WELL, I THINK THAT THAT'S -- I'LL BE

HONEST WITH YOU. I SURELY DO NOT ADVOCATE FOR THE SLAUGHTER OF HORSES.

MY -- THE REASON WHY I'M IN THE NEGATIVE ON THIS BILL IS BECAUSE OF ALL

THE PROBLEMS SURROUNDING THE WHOLE ISSUE OF WHAT TO DO WITH ONE OF

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NYS ASSEMBLY JUNE 7, 2023

THESE ANIMALS WHEN THEY DIE. YOU KNOW, ONE -- ONE OF THE OTHER

QUESTIONS THAT I WOULD ASK IS, IS -- IS THIS BILL PREEMPTED BY FEDERAL

LAW?

MS. GLICK: NO. I DON'T BELIEVE IT'S PREEMPTED BY

FEDERAL LAW AND, YOU KNOW, LOOK. IN THIS -- WE DON'T HAVE

SLAUGHTERHOUSES IN NEW YORK STATE BUT THEY DO IN CANADA AND SO --

AND WE'RE RELATIVELY CLOSE. TODAY, WE FOUND OUT IN THE LAST TWO DAYS,

WE FOUND OUT MAYBE TOO CLOSE, BUT THE -- THE TRANSPORT IS QUITE

INHUMANE AND WE HAVE OUR OWN LAWS AROUND HUMANE TREATMENT. AND

IF THEY ARE SENT TO CANADA THERE'S NO TRACKING OF WHAT MEDICATIONS THE

ANIMAL MAY HAVE BEEN TREATED WITH OVER TIME, AND SO IN THAT WAY IT'S

INAPPROPRIATE, BUT IT DOES NOT VIOLATE OR IS PREEMPTED BY FEDERAL LAW IN

ANY WAY. I WILL SAY THAT IN SOME PLACES PEOPLE IF YOU HAVE A RANCH IN

THE SAME WAY THAT SOME PEOPLE CHOOSE TO HAVE THEIR PETS BURIED NEAR

THEM, YOU KNOW, ON THEIR -- THEIR PROPERTY, MANY PEOPLE WILL -- WILL DO

THAT. I SPOKE WITH SOMEONE WHO WAS VISITING EARLIER TODAY WHO SAID

THAT SHE HAD BURIED SEVERAL HORSES ON HER PROPERTY. NOW I UNDERSTAND

RECENTLY THAT THERE ARE SOME COUNTIES THAT HAVE SOME LOCAL ORDINANCE

AGAINST THAT OF WHICH I WAS NOT NECESSARILY AWARE. I DON'T THINK IT'S

WIDESPREAD BUT I INTEND TO TALK WITH OUR COMMISSIONER OF AG AND

MARKETS, WHO OBVIOUSLY COMES FROM SCHOHARIE, TO ASK ABOUT THAT AND

TO SEE IF THE -- WHAT THE LOCAL ISSUE WAS AND IF THERE IS SOME WAY IT

COULD BE THAT IT'S AN ANTIQUATED CONCERN AND SEE IF WE CAN CHANGE IT.

ON THE OTHER HAND, IF YOU HAVE AN ELDERLY HORSE AND YOU KNOW THAT

YOU'RE NOT IN A POSITION TO DO SOMETHING FOR THE HORSE, WE DO HAVE

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NYS ASSEMBLY JUNE 7, 2023

ACROSS THE STATE A NUMBER OF EQUINE SANCTUARIES. I -- I VISITED A FEW

AND THEY RAISE MONEY, I GUESS, TO -- TO HELP TAKE CARE OF THE ANIMALS,

THEIR MEDICAL NEEDS, THE VETERINARIAN NEEDS AND PRESUMABLY THEIR

END-OF-LIFE. SO, I THINK THERE ARE SOME OPTIONS BUT I UNDERSTAND THE

CONCERN IF YOU ARE IN A SITUATION WHERE YOU WOULD LIKE TO BURY THE

HORSE BUT LOCAL LAW PRECLUDES THAT.

MR. TAGUE: WELL, I WOULD JUST SAY, AGAIN, THAT'S

ONE OF THE OBSTACLES I HAVE IN FRONT OF ME FOR BEING IN SUPPORT OF THIS

BILL, BECAUSE WE ALSO HAVE AN ISSUE WITH DAIRY COWS. YEARS AGO THEY

WOULD ACTUALLY COME AND BUY A COW THAT MAY HAVE DIED ON YOUR

PROPERTY AND THEY WOULD PAY YOU A SMALL FEE FOR IT. THEN TEN YEARS

DOWN THE ROAD THEY WANTED YOU TO PAY FOR THEM TO TAKE IT AND NOW IT'S

MY UNDERSTANDING THAT THEY WILL NOT TAKE IT AND IT'S THE SAME ISSUE THAT

YOU CANNOT BURY THE COW ON THE FARM LIKE YOU COULD YEARS AND YEARS

AGO IN SOME COUNTIES. SO, THIS IS ONE OF THE REASONS THAT KEEPS ME

FROM BEING SUPPORTIVE OF THIS BILL. I THINK THAT THERE ARE SOME ISSUES

WITHIN THIS BILL AND NO PUN INTENDED, BUT I THINK WE'VE PUT THE CART IN

FRONT OF THE HORSE --

MS. GLICK: WELL --

MR. TAGUE: -- ON SOME OF THESE ISSUES. AND I

WOULD LIKE TO SEE THOSE ISSUES GET STRAIGHTENED OUT AND THEN PASS THE

WHOLE THING AS ONE PACKAGE AND POSSIBLY EVEN HELP OUT WITH OTHER

LIVESTOCK AREAS WHERE IT'S VERY DIFFICULT. YOU KNOW, SOME OF THE OTHER

LIVESTOCK ANIMALS YOU DO SEND TO MARKET, THERE'S NO QUESTION ABOUT IT,

WE KNOW THAT, THAT'S PART OF THE BUSINESS. HOWEVER, THERE ARE SOME

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NYS ASSEMBLY JUNE 7, 2023

FARMS WHERE THE ANIMALS CANNOT BE SENT TO MARKET AND THEY MAY DIE ON

THE FARM FOR ONE REASON OR THE OTHER AND THESE FOLKS HAVE NO WAY TO

DISPOSE PROPERLY OF THE CARCASS.

MS. GLICK: I -- I HEAR THAT CONCERN. THIS IS LIMITED

TO HORSES AND NOT OTHER LIVESTOCK BUT SOMETHING THAT WE CAN CERTAINLY

TALK ABOUT --

MR TAGUE: ABSOLUTELY.

MS. GLICK: -- OBVIOUSLY WHEN I TALK WITH THE

COMMISSIONER. THAT CONVERSATION WON'T BE EXCLUSIVE ABOUT HORSES BUT

AT THE VERY LEAST, IT'S MY UNDERSTANDING THAT IT'S A LIMITED NUMBER OF

COUNTIES AND THIS IS AN ISSUE THAT'S STATEWIDE. SO AT THE MOMENT THE

BILL IS BEFORE US, THE BILL HAS BEEN AROUND FOR A NUMBER OF YEARS, WE'RE

NOT EXACTLY RUSHING THIS TO THE FLOOR. IT'S TAKEN QUITE A LONG TIME. I'M

PLEASED THAT IT'S PASSED THE SENATE AND I BELIEVE IT'S APPROPRIATE FOR US

TO TAKE THIS STEP TONIGHT UNDERSTANDING THAT IT'S JUST COME TO OUR

ATTENTION THAT THERE ARE A FEW OBSTACLES IN SOME LIMITED NUMBER OF

COUNTIES.

MR. TAGUE: WELL, THANK YOU. MR. SPEAKER, IF I

MAY ON THE BILL AND I'D LIKE TO THANK THE CHAIR FOR A RESPECTFUL AND KIND

DEBATE. THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

TAGUE.

MR. TAGUE: MR. SPEAKER, I CAN'T VOTE FOR THIS BILL

AND THERE'S -- THERE'S A FEW REASONS WHY. NUMBER ONE, IN MY OPINION,

IT ELIMINATES ANY RESALE VALUE TO THE DETRIMENT OF THE OWNER. NUMBER

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NYS ASSEMBLY JUNE 7, 2023

TWO, I BELIEVE THAT IT IS PREEMPTED BY FEDERAL LAW AND NUMBER THREE, IT

PURPORTS TO BAN INTERSTATE INTERNATIONAL COMMERCE IN VIOLATION OF THE

FEDERAL CONSTITUTION. AND LASTLY, FARM BUREAU IS OPPOSED TO THIS BILL.

AND THEY STATE THAT THIS BILL GOES WELL BEYOND REGULATING THE HUMANE

TREATMENT OF ANIMALS AND ALLOWS GOVERNMENT AUTHORITY OVER THE

END-OF-LIFE CARE IN THE ANIMAL INDUSTRY WITHOUT ANY SCIENTIFIC

JUSTIFICATION. THIS LEGISLATION DOES NOT PROVIDE A HUMANE OR

COST-EFFECTIVE OPTION FOR THE END-OF-LIFE CARE FOR HORSES. ALL OTHER

LIVESTOCK INDUSTRIES HAVE LEGAL OPTIONS FOR THEIR ANIMALS AT THE END OF

THE ANIMAL'S LIFE. THE DECISION TO SEND A HORSE TO A PROCESSING FACILITY

WHERE IT WILL BE EUTHANIZED IS BOTH A PERSONAL AND BUSINESS DECISION.

EXCUSE ME. SLAUGHTER IS A NEEDED METHOD OF DISPOSING OF HORSES THAT

CANNOT BE CARED FOR OR ARE DANGEROUS TO MANAGE AND NO LONGER HAVE

ANY VIABLE USE. EQUINE RESCUE ORGANIZATIONS DO NOT HAVE THE CAPABILITY

OR LOGISTICS TO SOLVE THE OVERALL PROBLEMS OF UNWANTED HORSES,

ESPECIALLY WITH 150,000 HORSES IN NEW YORK STATE. EUTHANIZING A

HORSE ON THE FARM CAN BE DIFFICULT AS A STATE OR LOCAL LAWS CAN MAKE IT

ILLEGAL TO BURY A HORSE ON PRIVATE PROPERTY OR BRING ITS CARCASS TO A

LANDFILL. THE FARM BUREAU RECOMMENDS THE DEVELOPMENT OF LOW COST

GELDING, EUTHANASIA AND CARCASS DISPOSAL PROGRAMS IN NEW YORK STATE.

THE STATE SUPPORTS AND FUNDING IS NEEDED FOR THE AFTERCARE END-OF-LIFE

COSTS OF RETIRED OR UNWANTED HORSES. AND DURING MY DEBATE HERE AND

MY DISCUSSION WITH THE CHAIR, I -- I BELIEVE I BROUGHT THOSE POINTS OUT.

THOSE ARE MY CONCERNS AND FOR THOSE REASONS I WILL BE VOTING IN THE

NEGATIVE AND I WOULD URGE MY COLLEAGUES TO DO THE SAME. THANK YOU,

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NYS ASSEMBLY JUNE 7, 2023

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. GLICK.

MS. GLICK: THANK -- THANK YOU, MR. SPEAKER.

BRIEFLY, LET -- LET ME JUST SAY THAT HORSES ARE A BIT DIFFERENT THAN SOME

OF THE OTHER FARM ANIMALS THAT TEND TO OPERATE, BE HERDED REGULARLY.

HORSES, AS WE KNOW, FREQUENTLY CAN BE PANICKED AND THE WAY IN WHICH

THEY ARE TRANSPORTED IS TOTALLY INHUMANE AND THERE HAVE BEEN REALLY

SOME TERRIBLE ACCIDENTS WITH HORSES JAMMED INTO TRAILERS ON THE WAY TO

A SLAUGHTERHOUSE. SLAUGHTER IS NOT EUTHANASIA AND I APPRECIATE THE FACT

THAT HORSES ARE EXPENSIVE TO OWN. THEY'RE EXPENSIVE TO TAKE CARE OF.

AND PRESUMABLY IF ONE MAKES THAT COMMITMENT, ONE ALSO WILL

UNDERSTAND THAT THERE IS AN END-OF-LIFE ISSUE THAT THEY HAVE TO BE

PREPARED AND PLAN FOR. I'M SYMPATHETIC TO THE FACT THAT A LOT OF PEOPLE

DO BURY HORSES ON THEIR PROPERTY AND IF THERE ARE SOME COUNTIES THAT

PROHIBIT THAT, THAT IS AN ISSUE THAT WE WILL HAVE TO TAKE UP WITH AG AND

MARKETS, BUT THAT SHOULD NOT CHANGE THE FACT THAT THERE IS SCIENCE THAT

SAYS THE BILL IS ABOUT TRANSPORTING HORSES FOR SLAUGHTER FOR HUMAN AND

ANIMAL CONSUMPTION, AND THERE ARE DOZENS OF MEDICATIONS THAT ARE

REGULARLY USED ON HORSES THAT WOULD NEVER BE USED ON COWS OR SHEEP

THAT ARE PLANNED TO BE USED FOR HUMAN CONSUMPTION. SO THERE ARE

HEALTH REASONS THAT YOU WOULD NOT WANT TO PERPETUATE THIS

INAPPROPRIATE PRACTICE. SO I APPRECIATE THE VERY CIVILIZED CONVERSATION

ON THIS MATTER BUT I BELIEVE THE TIME HAS COME FOR NEW YORK TO TAKE

THIS STEP. WE TOOK THE FIRST STEP AROUND RACEHORSES. THIS IS THE -- IT'S

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NYS ASSEMBLY JUNE 7, 2023

INEXCUSABLE TO SAY THAT WE'RE NOT GOING TO TREAT OTHER HORSES WITH THE

SAME DIGNITY. AND I DO BELIEVE THAT THERE ARE MANY SANCTUARIES THAT

ARE PREPARED TO TAKE OLDER HORSES WHEN THEY ARE NO LONGER ABLE TO WORK

OR PERHAPS A FAMILY, YOU KNOW, THE KIDS HAVE GROWN UP AND THE PARENTS

AREN'T RIDERS AND THEY DON'T WANT TO KEEP THE HORSE. SO IN THOSE

INSTANCES MAYBE THEY CAN SELL THE HORSE BUT MAYBE THEY JUST NEED TO

PUT THE HORSE - PARDON THE PUN - OUT TO PASTURE AND THERE ARE IN FACT

SANCTUARIES LOOKING FORWARD TO TAKING CARE OF THOSE ANIMALS. SO I

WOULD HOPE THAT WE WILL SEE A VERY STRONG VOTE IN THIS HOUSE. IT MAY

NOT BE AS STRONG AS THE VOTE IN THE OTHER HOUSE WHERE I BELIEVE THERE

WAS ONE VOTE IN OPPOSITION, BUT I -- I HOPE THAT WE HAVE A VERY

SUBSTANTIAL VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS MENTIONED BY MY

COLLEAGUE. THOSE WHO SUPPORT IT CERTAINLY CAN VOTE YES HERE ON THE

FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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NYS ASSEMBLY JUNE 7, 2023

SPEAKER. THE MAJORITY COLLEAGUES ARE GOING TO BE IN FAVOR OF THIS

PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME THAT WOULD LIKE TO BE

AN EXCEPTION. THEY SHOULD FEEL FREE TO VOTE THEIR FEELINGS ON THE FLOOR.

THANK YOU.

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 11, RULES REPORT NO. 278, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06978, RULES REPORT

NO. 278, WALLACE, BUTTENSCHON. AN ACT TO AMEND THE GENERAL

BUSINESS LAW, IN RELATION TO PERMITTING EMPLOYEES OF PUBLIC UTILITIES

ACCESS TO CERTAIN RESTROOM FACILITIES WITHOUT BEING A PAYING CUSTOMER.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WALLACE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MS. WALLACE, AN EXPLANATION IS REQUESTED.

MS. WALLACE: SO THIS BILL REQUIRES THAT BUSINESSES

OPEN TO THE PUBLIC PERMIT UTILITY WORKERS WHO ARE WORKING ON THE

PREMISES TO USE A TOILET FACILITY WHILE THEY ARE THERE.

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD --

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: MS. WALLACE --

MS. WALLACE: YES.

ACTING SPEAKER AUBRY: MS. WALLACE YIELDS,

MS. WALSH.

MS. WALSH: THANK YOU VERY MUCH. I'VE GOT SOME

QUESTIONS FOR YOU. FIRST OF ALL, WHO EXACTLY DOES THIS BILL APPLY TO AS

FAR AS UTILITY WORKERS? WHO SPECIFICALLY DOES THAT APPLY TO?

MS. WALLACE: YOU MEAN WHICH UTILITY WORKERS?

MS. WALSH: YEAH, YEAH.

MS. WALLACE: A UTILITY WORKER WHO IS WORKING

ON THE PREMISES.

MS. WALSH: OKAY. SO WHEN I THINK OF UTILITY

WORKERS I ORIGINALLY THINK OF LIKE PEOPLE WORKING ON LIKE THE TELEPHONE

POLES OR THE ELECTRICAL POLES LIKE DOWN THE STREET. ARE THESE -- ARE

THESE INDIVIDUALS, THOUGH, WORKERS THAT ARE WORKING RIGHT IN THAT

BUILDING OR IN THAT STORE OR PLACE OF BUSINESS?

MS. WALLACE: YEAH. I THINK IN OR ON THE

PREMISES SO LIKE IF YOU'RE WORKING OUTSIDE THE PREMISES BUT IT'S PART OF

THE PROPERTY, I WOULD SAY IT WAS ENCOMPASSED WITHIN THE SCOPE OF THIS

BILL.

MS. WALSH: OKAY. BUT WHAT IF THEY'RE -- I MEAN

JUST WHAT IF THEY'RE LIKE A COUPLE BLOCKS AWAY BUT THEY JUST -- THIS --

THIS STORE LOOKS LIKE A GOOD PLACE TO STOP --

MS. WALLACE: IF THEY'RE A COUPLE BLOCKS AWAY THE

BILL DOESN'T APPLY TO THEM, BUT I WOULD HOPE THAT THE BUSINESS WOULD

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NYS ASSEMBLY JUNE 7, 2023

TRY TO ACCOMMODATE THEM.

MS. WALSH: OKAY. BUT THE BILL ITSELF JUST SPEAKS TO

-- I DIDN'T REALLY SEE THAT IN THE -- IT SAYS -- WHERE DOES IT SAY THAT IN THE

BILL EXACTLY?

MS. WALLACE: ON THE PREMISES? UM...

MS. WALSH: IT SAYS WHILE PERFORMING A UTILITY-

RELATED SERVICE.

MS. WALLACE: WHO IS LAWFULLY ON THE PRESENT --

PREMISES.

MS. WALSH: WELL, YOU SAID THEY'RE LAWFULLY ON THE

PREMISES, LIKE I WOULD IMAGINE THAT WHEN THEY WALK INTO THE PLACE

THEY'RE LAWFULLY ON THE PREMISES, THEY'RE NOT COMMITTING A CRIME OR

ANYTHING, THEY'RE NOT TRESPASSING, IT'S A PLACE OF BUSINESS. BUT DOES IT

SAY ANYWHERE THAT THEY ACTUALLY HAVE TO BE PERFORMING THE UTILITY WORK,

YOU KNOW, ON THAT PREMISES OR IN THAT PREMISES?

MS. WALLACE: SORRY. I WAS LOOKING AT THE WRONG

BILL. THIS BILL IS BY THE WAY MODELED AFTER -- I WAS LOOKING AT A -- A

DIFFERENT BILL. THIS BILL IS MODELED AFTER A BILL THAT WE ACTUALLY PASSED A

COUPLE OF YEARS AGO FOR INDIVIDUALS WHO HAVE CROHN'S AND COLITIS --

MS. WALSH: YES, YEAH. COLITIS --

MS. WALLACE: SO VERY SIMILAR BUT I WAS LOOKING

AT THAT BUT LET ME LOOK AT THE LANGUAGE. SORRY, HOLD ON.

MS. WALSH: THAT'S OKAY. NO, THAT'S OKAY.

MS. WALLACE: SO WHERE IS IT, OKAY, LAW 6. SO TO

ALLOW ANY INDIVIDUAL WHO IS LAWFULLY ON THE PREMISES OF SUCH BUSINESS

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NYS ASSEMBLY JUNE 7, 2023

WHILE PERFORMING A UTILITY SERVICE, SO IT IS QUALIFIED.

MS. WALSH: OKAY, ALL RIGHT. SO THAT COULD BE, FOR

EXAMPLE, A WELDER, AN ELECTRICIAN, A PLUMBER, A BOILERMAKER, A

STEAMFITTER, YOU KNOW, IT'S LIKE YOU FILL IN THE BLANK, RIGHT? ANYBODY

WHO'S -- IT COULD BE A PAINTER --

MS. WALLACE: EMPLOYEE. IT SAYS EMPLOYEE OF A

PUBLIC UTILITY.

MS. WALSH: AN EMPLOYEE OF A PUBLIC UTILITY, OKAY,

SO OKAY, VERY GOOD. AND AS FAR AS WHICH -- IS IT ANY KIND OF BUSINESS AT

ALL, ANY BUSINESS? IT COULD BE A --

MS. WALLACE: A BUSINESS THAT IS OPEN FOR THE SALE

OF GOODS AND SERVICES.

MS. WALSH: OKAY. SO LIKE IN THE CITY IT COULD BE

LIKE A -- A BODEGA, IT COULD BE --

MS. WALLACE: YEAH, YES.

MS. WALSH: BUT IT'S GOT TO HAVE AT LEAST --

(INAUDIBLE/CROSS-TALK) IT'S GOT TO HAVE AT LEAST TWO EMPLOYEES THERE,

RIGHT?

MS. WALLACE: THAT'S RIGHT.

MS. WALSH: OKAY, FOR THIS TO COUNT. ALL RIGHT.

AND YOU MENTIONED -- YOU REFERENCED THAT EARLIER BILL, SO THIS BILL

WOULD APPLY - REGARDLESS OF THE UTILITY WORKER'S HEALTH HISTORY OR

PARTICULAR HEALTH NEEDS - WHERE THE -- THE BILL FROM 2020 THAT WAS

CHAPTERED IN 310 OF 2020, LIKE THE PUBLIC HEALTH LAW, THAT WAS

SPECIFICALLY FOR INDIVIDUALS WHO HAD CROHN'S OR COLITIS, AND HAD AN ID

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NYS ASSEMBLY JUNE 7, 2023

CARD THAT SAID HEY, IF -- IF I COME IN HERE AND I NEED TO USE THE

RESTROOM, YOU NEED TO ACCOMMODATE ME. BUT THIS BILL, YOUR BILL HERE,

DOESN'T MAKE ANY -- IT COULD BE ANYBODY WHO JUST NEEDS TO USE THE

RESTROOM.

MS. WALLACE: WELL, THEY HAVE TO BE A UTILITY

WORKER, AND, YOU KNOW, THE BUSINESS CAN DEMAND EVIDENCE THAT THEY

ARE A UTILITY WORKER.

MS. WALSH: YEP.

MS. WALLACE: BUT, YOU KNOW, I WOULD IMAGINE A

UTILITY WORKER WOULDN'T ASK TO USE THE BATHROOM UNLESS THEY ACTUALLY

HAD TO. SO, YOU KNOW, THAT'S THE PURPOSE OF THE BILL. LIKE IF THEY'RE

WORKING ON THE PREMISES, THEY NEED TO USE THE BATHROOM. AS YOU AND I

KNOW AS WOMEN, YOU KNOW, WE HAVE ADDITIONAL NEEDS SOMETIMES THAT

MEN DON'T EXPERIENCE AND, YOU KNOW, WE WANT TO ACCOMMODATE ALL OF

OUR UTILITY WORKERS. I THINK IT'S ESPECIALLY IMPORTANT TO WOMEN UTILITY

WORKERS WHO IT'S NOT AS EASY TO ACCESS A BATHROOM SOMETIMES AND YOU

MAY HAVE A MORE URGENT SITUATION.

MS. WALSH: WELL, NOT TO -- NOT TO BE FUNNY OR

ANYTHING, BUT I MEAN THERE ARE PLENTY OF MEN WHO ALSO HAVE AN URGENT

NEED TO USE THE RESTROOM, I WOULD IMAGINE.

MS. WALLACE: FAIR -- FAIR ENOUGH BUT I THINK

WOMEN SOMETIMES WE HAVE ADDITIONAL BURDENS SOMETIMES ON OUR

REPRODUCTIVE SYSTEM THAT MEN DON'T EXPERIENCE.

(LAUGHTER).

THAT'S WHAT I'M TALKING ABOUT.

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NYS ASSEMBLY JUNE 7, 2023

MS. WALSH: IT WAS THE POWER OF SUGGESTION I'M

AFRAID.

(LAUGHTER)

ALL RIGHT. OKAY. SO IF -- CAN YOU JUST WALK THROUGH A

LITTLE BIT ABOUT WHAT THE -- THE EMPLOYEES OF THE STORE OR OF THE PLACE

NEED TO DO IN ORDER TO ACCOMMODATE UNDER THIS -- UNDER THIS

LEGISLATION?

MS. WALLACE: SO YEAH. SO THE -- THE BILL SAYS

THAT THE EMPLOYEE -- THERE'S QUALIFICATIONS, RIGHT? SO THESE ARE THE

FOLLOWING QUALIFICATIONS: DURING NORMAL BUSINESS HOURS THE INDIVIDUAL

REQUESTING TO USE THE FACILITY IS AN EMPLOYEE OF A PUBLIC UTILITY. TWO

OR MORE EMPLOYEES ARE ACTUALLY WORKING AT THE TIME. THE FACILITY IS

NOT LOCATED IN AN AREA WHERE PROVIDING ACCESS WOULD CREATE AN OBVIOUS

HEALTH OR SAFETY RISK WHEN THE REQUESTING INDIVIDUAL -- SO THERE

WOULDN'T BE AN OBVIOUS HEALTH OR SAFETY RISK TO THE REQUESTING

INDIVIDUAL OR TO THE BUSINESS OR PEOPLE IN THE BUSINESS, AND USE OF THE

TOILET WOULD NOT CREATE A RISK TO THE INDIVIDUAL, AND THEN FINALLY THERE'S

NO PUBLIC RESTROOM NEARBY.

MS. WALSH: NOW, OKAY, SO THAT LAST ONE, LET'S TAKE

THAT LAST ONE FIRST. THERE ISN'T A PUBLIC RESTROOM NEARBY. HOW NEARBY?

IN THE SAME BUILDING NEARBY, WHO MAKES THAT -- WHO MAKES THAT

DECISION?

MS. WALLACE: THE BILL SAYS IMMEDIATELY

ACCESSIBLE.

MS. WALSH: OKAY. SO A COUPLE DOORS DOWN? NO?

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NYS ASSEMBLY JUNE 7, 2023

MS. WALLACE: I -- I WOULD SAY JUST A COUPLE DOORS

DOWN THE PERSON WOULD PROBABLY JUST GO THERE, BUT, YOU KNOW, IF IT'S --

IT'S NOT IMMEDIATELY ACCESSIBLE.

MS. WALSH: OKAY. BECAUSE HERE'S THE THING. IF

YOU -- IF THEY -- IF THE EMPLOYEE GUESSES WRONG AND SAYS HEY, YOU

KNOW WHAT, WITH ALL DUE RESPECT BUT A COUPLE DOORS DOWN THERE'S A

PUBLIC RESTROOM, WOULD YOU PLEASE USE THAT, I'M A LITTLE UNCOMFORTABLE

WITH YOU COMING AND USING THIS RESTROOM BUT THERE'S ONE REALLY CLOSE

BY. BUT IF -- IF THEY MAKE A MISTAKE, THERE'S A $500 PER INCIDENT

PENALTY, RIGHT, UNDER THIS BILL.

MS. WALLACE: WELL, YEAH. I -- I DON'T THINK THAT

THE EMPLOYEE SHOULD BE REFERRING SOMEBODY IF THEY'RE NOT SURE THAT

THERE'S A PUBLIC RESTROOM NEARBY.

MS. WALSH: WELL, WHAT IF IT'S OUT OF ORDER? I

MEAN, YOU KNOW, LIKE WHAT IF THEY DON'T KNOW? WHAT IF IT'S -- WHAT IF

IT'S OUT OF ORDER BUT THERE'S ONE THAT'S --

MS. WALLACE: I MEAN, AND YOU KNOW, WE DON'T

KNOW, BUT I WOULD ASSUME IN THAT SITUATION THEN THE EMPLOYEE WOULD

COME BACK -- THE UTILITY WORKER WOULD COME BACK, SAYING IT WAS OUT OF

ORDER, CAN I NOW USE YOUR RESTROOM AND HOPEFULLY THE PERSON WOULD

ACCOMMODATE IT.

MS. WALSH: RIGHT, RIGHT, OKAY. SO WHO IMPOSES

THAT $500 FINE, BY THE WAY, IF THAT -- IF THAT DOES HAPPEN?

(PAUSE)

MS. WALLACE: I MAY -- I MAY HAVE TO GET BACK TO

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NYS ASSEMBLY JUNE 7, 2023

YOU ON THAT BUT I THINK IT WOULD BE THE ATTORNEY GENERAL.

MS. WALSH: OKAY.

MS. WALLACE: I'LL FOLLOW UP WITH YOU ON THAT.

MS. WALSH: ALL RIGHT, OKAY. AND THEN HOW -- IF

THIS BILL DOES BECOME LAW, HOW IS -- IS THERE GOING TO BE LIKE SOME TYPE

OF EDUCATIONAL CAMPAIGN TO LET BUSINESSES KNOW THAT THEY NEED TO START

-- THEIR EMPLOYEES KNOW THAT THEY NEED TO START DOING THIS AND UNDER

WHAT CIRCUMSTANCES? I MEAN WHAT DO YOU ENVISION FOR THAT?

MS. WALLACE: YEAH, I THINK THAT THAT'S A -- A GOOD

POINT AND I DEFINITELY THINK THAT THERE SHOULD BE OUTREACH TO THE

BUSINESSES TO LET THEM KNOW THAT THIS IS NOW A REQUIREMENT.

MS. WALSH: OKAY, VERY GOOD. THANK YOU VERY

MUCH, MS. WALLACE.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER GIBBS: ON THE BILL.

MS. WALSH: THANK YOU. SO, A COUPLE OF THINGS.

AND I -- I UNDERSTAND, YOU KNOW, THE RATIONALE FOR CREATING A BILL LIKE

THIS. MY OVERALL QUESTION THAT I WOULD ASK IS, YOU KNOW, WHERE DO WE

DRAW THE LINE HERE? I MEAN UTILITY WORKERS, YUP, I'M SURE THAT THEY DO

HAVE NEEDS, I'M SURE THAT THEY DO AT TIMES NEED TO USE THE RESTROOM, I

GET IT, BUT WHAT ABOUT THE FEDEX GUY, WHAT ABOUT THE UPS PERSON, I

MEAN THEY'RE ALL DOING A HARD JOB, TOO. WHERE DO WE DRAW THE LINE?

ARE WE JUST GOING TO LET ANYBODY THAT NEEDS TO COME INTO A PLACE OF

BUSINESS AND USE AN EMPLOYEE RESTROOM UNDER THESE CIRCUMSTANCES.

AND AT THE RISK OF GIVING THE SPONSOR AN IDEA FOR NEXT YEAR OR THE YEAR

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NYS ASSEMBLY JUNE 7, 2023

AFTER, I WOULD RESPECTFULLY SAY THAT, YOU KNOW, THAT THIS REALLY, I -- I

DON'T KNOW. I THINK THAT THIS REALLY KIND OF IS TAKING A STEP BACK. I

REALLY -- I SUPPORT THAT BILL FROM 2020 FOR PEOPLE WHO DO HAVE CROHN'S

OR COLITIS AND -- AND I HAVE FAMILY MEMBERS WITH THAT ISSUE. THAT IS A

BIG, BIG PROBLEM. IF THEY PRESENT A CARD, THEY SHOULD BE ABLE TO USE A

RESTROOM BECAUSE IT IS AN ABSOLUTE EMERGENCY. AND I UNDERSTAND THAT

THERE PROBABLY ARE SOME PLACES AROUND THE STATE, I'M THINKING OF NEW

YORK CITY PARTICULARLY WHERE, YOU KNOW, IT IS -- AS SOMEBODY WHO HAS

TRAVELED TO NEW YORK BEFORE TO GO DO DIFFERENT THINGS SOMETIMES IT'S

DIFFICULT TO FIND A PLACE TO USE THE RESTROOM BUT -- BUT IT IS DOABLE. I

DON'T KNOW. I JUST THINK THAT IF A UTILITY WORKER IS DOING WORK, THEY

SHOULD KIND OF LIKE FIGURE THIS OUT. I THINK THIS IS KIND SOMETHING THAT

IT IS A BASIC NEED THAT THEY -- THEY SHOULD BE FIGURING OUT. AND I ALSO

THINK THAT PROBABLY MOST EMPLOYEES AND EMPLOYERS, I WOULD THINK,

WOULD BE SOMEWHAT SYMPATHETIC TO SOMEBODY WHO'S WORKING RIGHT IN

THAT BUILDING WHO HAS AN URGENT NEED. I -- I DON'T BELIEVE THAT THIS IS

SOMETHING THAT WE REALLY SHOULD NEED TO LEGISLATE. SO I'M -- I'M NOT

GOING TO BE SUPPORTING THIS BILL AND, YOU KNOW, I DON'T REALLY THINK

ANYBODY ELSE SHOULD EITHER, BUT THANK YOU TO THE SPONSOR.

ACTING SPEAKER GIBBS: MR. BROOK-KRASNY.

MR. BROOK-KRASNY: THANK YOU, MR. SPEAKER. I

JUST WANTED TO SAY THAT I'M GOING TO BE VOTING YES FOR THIS BILL BUT I'M

NOT GOING TO PUBLICLY DISCLOSE THE REASON WHY. THANK YOU, MR.

SPEAKER.

(LAUGHTER)

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER GIBBS: DULY NOTED.

MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER. ALTHOUGH I

THINK THE BILL IS WELL-INTENTIONED, I'D LIKE TO JUST CLARIFY AND PUT IT ON

THE RECORD THAT THERE'S MANY TIMES WHERE PEOPLE ARE IN UNIFORM AND

THEY GO TO USE THE BATHROOM AND THEY'RE DENIED. HAPPENED TO ME

WHILE I WAS IN UNIFORM IN MANHATTAN RESPONDING TO A JOB IN A HOTEL, THE

HOTEL WOULDN'T LET ME USE THE BATHROOM. IMAGINE THAT. WHERE DO WE

DRAW THE LINE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER GIBBS: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER GIBBS: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. NOVAKHOV TO EXPLAIN HIS VOTE.

MR. NOVAKHOV: THANK YOU, MR. SPEAKER. I

THINK THIS BILL HAS TO BE EXTENDED FOR ENFORCEMENT OFFICERS AND FOR

ELECTED OFFICIALS AS WELL. THANK YOU.

(LAUGHTER)

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

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NYS ASSEMBLY JUNE 7, 2023

NOW BRING OUR ATTENTION TO FEW MORE PIECES OF LEGISLATION WE NEED TO

DEBATE TONIGHT. I WANT TO APPRECIATE MEMBERS FOR THEIR PATIENCE AND

THEIR DUE DILIGENCE TO GET OUR WORK DONE. WE'RE GOING TO START WITH

RULES REPORT NO. 148 BY MS. JACKSON, FOLLOWED BY RULES REPORT NO.

107 BY MS. KELLES AND THEN WE'RE GOING TO GO TO RULES REPORT NO. 444

BY MS. FAHY. IN THAT ORDER, MR. SPEAKER. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

PAGE 6, RULES REPORT NO. 148, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03866-A, RULES

REPORT NO. 148, JACKSON, LEE, SIMON. AN ACT TO AMEND THE PUBLIC

HOUSING LAW, IN RELATION TO REQUIRING ENTITIES RESPONSIBLE FOR THE

PROVISION OF VITAL SERVICES TO COORDINATE AND WORK EXPEDITIOUSLY TO

RESTORE SERVICE WHENEVER SUCH SERVICE IS INTERRUPTED.

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.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I THINK IT'S

SOMEWHAT IRONIC THAT WE'RE PASSING LEGISLATION REQUIRING NYCHA TO

RESTORE NATURAL GAS SERVICES QUICKLY AS POSSIBLE, WHILE AT THE SAME TIME

REQUIRING ALL THE CONDOS AND COOPERATIVES IN NEW YORK CITY TO CONVERT

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NYS ASSEMBLY JUNE 7, 2023

TO ALL-ELECTRIC OR FACE MASSIVE FINES. I SUPPORT THIS LEGISLATION. THANK

YOU.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 6, RULES REPORT NO. 107, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02873-B, RULES

REPORT NO. 107, KELLES, SIMON. AN ACT TO AMEND THE PUBLIC OFFICERS

LAW, IN RELATION TO REPORTING OF CRYPTOCURRENCY HOLDINGS ON THE ANNUAL

STATEMENT OF FINANCIAL DISCLOSURE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

KELLES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL: MR. SPEAKER? I APOLOGIZE. THIS

WILL BE A PARTY VOTE. AND THE REPUBLICAN PARTY WILL BE, OR CONFERENCE,

WILL BE GENERALLY OPPOSED FOR THE REASON I WILL MENTION SHORTLY. FOR

THOSE WHO WANT TO VOTE -- CONTINUE TO VOTE YES --

ACTING SPEAKER AUBRY: HOLD ON, HOLD ON,

HOLD ON, WE GOT TO START OVER AGAIN, RIGHT. SO WE READ THE LAST SECTION,

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NYS ASSEMBLY JUNE 7, 2023

A PARTY VOTE HAS BEEN REQUESTED. MR. GOODELL. CAN'T DO IT WITHOUT AN

INTRODUCTION, SIR.

MR. GOODELL: THANK YOU, SIR. THIS IS A PARTY

VOTE. THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED. I HOPE THE

BILL SPONSOR GOT A PICTURE OF THE LAST BOARD WITH ALL THOSE SCREENS --

(LAUGHTER)

-- AND I'LL EXPLAIN THE REASON IN A MOMENT, SIR. THANK YOU.

ACTING SPEAKER AUBRY: I WILL WAIT YOUR

EXPLANATION.

MRS. PEOPLES-STOKES.

THEY REALLY WANT US TO START ALL OVER AGAIN.

READ THE LAST SECTION.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF THIS PIECE OF

LEGISLATION.

ACTING SPEAKER AUBRY: SO, ALL RIGHT. WE'RE

GOING TO START ALL OVER. WE'LL START WITH CALLING THE VOTE. THE CLERK

WILL READ ON RULES REPORT NO. 16, RULES REPORT NO. 444 -- NO, I'M

SORRY. RULES REPORT NO. 107, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02873-B, RULES

REPORT NO. 107, KELLES, SIMON. AN ACT TO AMEND THE PUBLIC OFFICERS

LAW, IN RELATION TO REPORTING OF CRYPTOCURRENCY HOLDINGS ON THE ANNUAL

STATEMENT OF FINANCIAL DISCLOSURE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

KELLES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

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NYS ASSEMBLY JUNE 7, 2023

ADVANCED. READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED, MR. GOODELL. NOW WE'VE CAUGHT UP TO OURSELVES,

THANK YOU.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED FOR REASONS I WILL MENTION LATER.

ALTHOUGH, THERE WILL BE SOME COLLEAGUES WHO WANT TO CONTINUE TO VOTE

YES AS THEY HAVE JUST A FEW SECONDS AGO.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO VOTE YES AS

THEY DID A FEW SECONDS AGO.

(LAUGHTER)

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

AND MR. GOODELL TO EXPLAIN THE VOTE.

MR. GOODELL: THANK YOU. ALL OF US HAVE GONE

THROUGH THAT EXCRUCIATING PROCESS OF FILLING OUT A FINANCIAL DISCLOSURE

FORM THAT RUNS, I DON'T KNOW, 18 OR 20 PAGES LONG. IRONICALLY ONE OF THE

THINGS THAT'S NOT CONTAINED IN THAT FINANCIAL DISCLOSURE FORM IS A LIST OF

CASH, ASSETS OR CASH EQUIVALENT ASSETS, INCLUDING DIGITAL CURRENCY. AND

THE THEORY IS THAT IF YOU HAVE CASH IN THE BANK IT'S NOT GOING TO PRESENT

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NYS ASSEMBLY JUNE 7, 2023

A CONFLICT OF INTEREST IN ANYTHING THAT YOU'RE DOING HERE. AND I THINK

THAT OUR FINANCIAL DISCLOSURE FORM, WHICH TAKES ALL OF US A LOT OF TIME TO

FILL OUT AND NOBODY READS, IS PROBABLY COMPREHENSIVE ENOUGH WHICH IS

WHY THE LAST TIME THIS BILL CAME UP A MAJORITY OF MY COLLEAGUES VOTED

AGAINST IT. I WOULD POINT OUT THAT SOME OF MY COLLEAGUES VOTED FOR IT,

AND SO GOOD LUCK, GUYS. SOME OF YOU ARE UP, MOST OF US ARE DOWN.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MS. KELLES TO EXPLAIN HER VOTE.

MS. KELLES: SO I JUST WANTED TO MAKE SURE THAT

EVERYBODY WAS AWARE OF THIS CHANGE. THIS BILL WAS RECALLED TO MATCH

THE SENATE VERSION THAT JUST PASSED TO INCLUDE DEFINITIONS OF DIGITAL

ASSETS, AS WELL AS DIGITAL CURRENCY. THE INTENTION WAS TO CAPTURE THE

ENTIRE COMPASS OF THE -- THE DIGITAL ASSET WORLD GIVEN THAT THE CURRENCY

AND THE TECHNOLOGY IS CHANGING SO QUICKLY. SO THIS REALLY IS A

CLARIFICATION. THE LAW AS OF NOW DOES NOT REQUIRE THAT WE DISCLOSE

CASH ASSETS, BUT IT DOES REQUIRE THAT WE DISCLOSE ON SECURITIES AND

COMMODITIES. AND SINCE THERE ARE A SIGNIFICANT NUMBER OF DIGITAL

ASSETS THAT FALL INTO THE CATEGORY OF COMMODITIES AND SECURITIES, THAT IS

THE REASON THAT WE FEEL THAT IT IS ABSOLUTELY APPROPRIATE THAT THIS BE

SOMETHING THAT WE DISCLOSE. SO, THAT IS THE REASON FOR THIS CHANGE, THIS

ADDITION. I THINK IT MAKES THE BILL STRONGER AND OF COURSE I AM IN

SUPPORT. THANK YOU EVERYBODY FOR YOUR PATIENCE WITH THIS.

ACTING SPEAKER AUBRY: MS. KELLES IN THE

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NYS ASSEMBLY JUNE 7, 2023

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 16, RULES REPORT NO. 444, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03986, RULES REPORT

NO. 444, FAHY, SIMON, GALLAGHER, EPSTEIN, CARROLL, JACKSON, HUNTER,

MCMAHON, MITAYNES, DAVILA, BURDICK, GONZÁLEZ-ROJAS, KELLES,

SIMONE, L. ROSENTHAL. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW,

IN RELATION TO THE OPERATION OF BICYCLES AT STOP SIGNS AND TRAFFIC CONTROL

SIGNALS.

ACTING SPEAKER AUBRY: MS. FAHY, A

EXPLANATION IS REQUESTED.

MS. FAHY: CERTAINLY. THIS BILL IS OFTEN REFERRED TO

AS THE IDAHO STOP BILL. IT ALLOWS CYCLISTS TO TREAT A STOP SIGN AS A YIELD

SIGN AND A RED LIGHT AS A STOP SIGN. AND IT IS TO IMPROVE TRAFFIC SAFETY

PARTICULARLY FOR CYCLISTS WHERE WE'VE SEEN A DRAMATIC JUMP IN CYCLIST

FATALITIES.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: CERTAINLY.

ACTING SPEAKER AUBRY: MS. FAHY YIELDS.

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NYS ASSEMBLY JUNE 7, 2023

MR. GOODELL: SO, JUST SO I'M CLEAR, UNDER CURRENT

LAW, A BICYCLE HAS TO COMPLY WITH THE SAME RULES OF THE ROAD AS A CAR,

CORRECT?

MS. FAHY: YES.

MR. GOODELL: AND SO UNDER CURRENT RULES, WHEN A

BICYCLE COMES UP -- A BICYCLIST COMES UP TO A STOP SIGN THEY HAVE TO

STOP, LOOK BOTH WAYS, YIELD TO THE RIGHT-OF-WAY IF THERE'S A CAR TO THE

RIGHT AND OTHERWISE PROCEED JUST LIKE A CAR WOULD, CORRECT?

MS. FAHY: CORRECT.

MR. GOODELL: AND IT'S YOUR VIEW THAT IF -- IF A

BICYCLIST WITH THIS LAW CAN BLOW THROUGH THE STOP SIGN IT'S GOING TO BE

SAFER FOR THE BICYCLISTS --

MS. FAHY: YOU YIELD.

MR. GOODELL: -- THAN STOPPING AND LOOKING BOTH

WAYS?

MS. FAHY: YES. YOU WOULD YIELD BUT NOT COME TO

A COMPLETE STOP, IF NOT NECESSARY, IF THE INTERSECTION IS CLEAR. AND IF

IT'S CLEAR ON BOTH WAYS THEN, QUITE FRANKLY, I'VE BEEN A CYCLIST FOR A

NUMBER OF DECADES. I NEVER KNEW IT HAD A TERM, BUT IT IS CALLED AN

IDAHO STOP. AND PARTICULARLY WHEN YOU ARE AT A STOPLIGHT, IT ALLOWS A

CYCLIST TO GET AHEAD OF TRAFFIC, IT IMPROVES VISIBILITY. AND THANKFULLY,

EVEN THE NATIONAL HIGHWAY SAFETY TRANSPORTATION ADMINISTRATION

ISSUED A REPORT ON THIS LAST MARCH, MARCH OF '22 NOTING THE DRAMATIC

JUMP IN FATALITIES AND ESSENTIALLY COMMENDING IDAHO -- THERE'S ALSO A

TERM THAT'S CALLED THE IDAHO STOP, THERE'S ALSO A DELAWARE YIELD, THERE

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NYS ASSEMBLY JUNE 7, 2023

ARE NINE OTHER STATES AND THE DISTRICT OF COLUMBIA THAT HAVE ADOPTED

SIMILAR MEASURES AND NOTED THAT IT HAS LED TO SAFER, SAFER STREETS AND

LESS -- LESS CRASHES. IN -- IN IDAHO, IT WAS A -- LET'S SEE, HOLD ON, LET ME

GET MY RIGHT INFO. IN IDAHO IT WAS A 14 PERCENT DECLINE AFTER THEY HAD

ADOPTED IT. IN DELAWARE THEY SAW A 23 PERCENT REDUCTION IN INJURIES,

CYCLIST INJURIES FOR 30 MONTHS AFTER, 30 MONTHS AFTER THE LAW PASSED,

SORRY.

MR. GOODELL: THAT'S INTERESTING. I WAS DRIVING

HOME ONE NIGHT, ACTUALLY FROM HERE, AND I TREATED A STOP SIGN LIKE A

YIELD SIGN AND A -- A VERY PLEASANT UNIFORMED STATE TROOPER PULLED ME

OVER. I DIDN'T HAVE THE STATISTICS ON HOW MUCH SAFER THAT WOULD HAVE

BEEN. AND I SUGGESTED I DID A CALIFORNIA STOP AND HE REMINDED ME I'M

NOT IN CALIFORNIA. IF THIS IS SAFER FOR BICYCLES TO BLOW THROUGH STOP

SIGNS, WHY DON'T WE ALLOW CARS TO TREAT STOP SIGNS LIKE YIELD SIGNS, TOO,

ALTHOUGH THEY'RE SAVING THAT DISCUSSION BY THE WAY.

MS. FAHY: WELL, FIRST OF ALL, THIS IS ABOUT CYCLING

AND YOU ARE OFTEN NOT MOVING AT ANYWHERE NEAR THE RATE, BUT IT IS A

NATURAL WAY, IT ALSO HELPS ENCOURAGE MORE CYCLING WHEN IT IS A STOP

SIGN, BUT IT ALSO IS A -- IS A FORM OF BIKING WHEN YOU HAVE TO STOP AND

START, IT ACTUALLY EXERTS MORE ENERGY, QUITE FRANKLY, IT IS THE WAY I CYCLE.

AND THIS -- THE -- THE OTHER ISSUE THAT THE NATIONAL HIGHWAY SAFETY

TRANSPORTATION ADMINISTRATION ALSO NOTED IS THAT THIS HELPS

DECRIMINALIZE A RIDING BEHAVIOR, BUT AGAIN, THE PRIMARY ISSUE IS IT IS

SAFER. AGAIN, LONG BEFORE I EVER KNEW THERE WAS A TERM FOR IT, I WOULD

MAKE A POINT OF GETTING TO THE FRONT OF THE LINE IN TRAFFIC WHEN THERE IS A

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NYS ASSEMBLY JUNE 7, 2023

RED LIGHT, OF COURSE I STOP, BUT I JUMP AHEAD OF THE TRAFFIC AS WELL

BECAUSE THEN I AM MORE VISIBLE WHEN I AM IN THE INTERSECTION. THAT'S

ASSUMING, OF COURSE, THAT THE INTERSECTION IS CLEAR.

MR. GOODELL: AND WOULD THIS BILL ALSO ALLOW

ELECTRIC BIKES TO DO AN IOWA [SIC] STOP?

MS. FAHY: YES,

MR. GOODELL: IDAHO?

MS. FAHY: IDAHO, THE STATE OF IDAHO.

MR. GOODELL: SO IF IT'S AN ELECTRIC BIKE, WOULD IT

BE AN IDAHO STOP OR WOULD IT BE A CALIFORNIA STOP?

MS. FAHY: IT WOULD STILL BE IDAHO AND -- AND I HAVE

TO SAY THEY'VE DONE THIS SINCE 1982, AND IT'S NOT EVERY DAY WE TALK

ABOUT IDAHO, WE THINK THE COUNTRY IN -- ESPECIALLY WITH CYCLING OR

OUTDOOR -- OUTDOOR-TYPE ACTIVITIES. BUT IN ALL SINCERITY WE HAVE - I CAN

READ THE STATS - WE'VE HAD A HUGE JUMP IN CYCLIST FACILITIES, I GET THE

ALERTS ON THEM, PARTICULARLY FOR NEW YORK CITY. BUT JUST NATIONALLY

BETWEEN 2011 AND 2020 -- SORRY, 2020, WE SAW A 38 PERCENT JUMP IN

JUST FATALITIES. AND AGAIN, IF YOU WERE TO -- TO USE YOUR TERMS, BLOW

THROUGH A STOPLIGHT OR A STOP SIGN IF YOU WERE HIT, YOU WOULD PROBABLY

BE OKAY. WHEN A CYCLIST IS HIT, ESPECIALLY IF THERE'S ANY SPEED, MUCH

LESS LIKELIHOOD THAT THEY WOULD SURVIVE. BUT AGAIN, ALL OF THIS ASSUMES

THAT YOU ARE STILL CHECKING THE INTERSECTION. I SPENT A LOT OF TIME IN

NEW YORK CITY AS YOU KNOW A COUPLE OF YEARS AGO. I BIKED A LOT,

ESPECIALLY DURING THE PANDEMIC WHEN FOR SAFETY REASONS WE COULDN'T BE

IN SUBWAYS OR -- SO I BIKED A LOT THERE. IT IS -- NOW THERE ARE STOPLIGHTS

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NYS ASSEMBLY JUNE 7, 2023

AT SOME INTERSECTIONS WHERE THEY HAVE BIKE LANES, IT'S A PARTICULAR

STOPLIGHT FOR CYCLISTS, BUT OTHERWISE, AGAIN, IT IS A SAFETY ISSUE AND OF

COURSE YOU WOULDN'T WANT TO PULL INTO AN INTERSECTION IF THERE'S TRAFFIC,

ESPECIALLY IN THE CITY.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE YOUR COMMENTS.

ON THE BILL, SIR.

MS. FAHY: APPRECIATE THE HUMOR. THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: JUST TO FINISH THE STORY. AFTER I WAS

STOPPED FOR DOING A CALIFORNIA STOP, THE OFFICER ASKED ME WHERE I WAS

GOING FROM AND WHERE I WAS HEADING TO AND I TOLD HIM I WAS COMING

FROM THE STATE LEGISLATURE AND I WAS TRYING TO GET HOME AS FAST AS

POSSIBLE AND HE SAID I FULLY UNDERSTAND, HAVE A GOOD NIGHT, SIR.

(LAUGHTER)

AND I CAN STILL RELATE, YOU KNOW. I -- I MEAN I

APPRECIATE THE SPONSOR'S DESIRE TO IMPROVE BICYCLE SAFETY, BUT I'M NOT

SURE BLOWING THROUGH STOP SIGNS IS THE WAY TO DO IT OR TREATING

STOPLIGHTS AS YIELD LIGHTS. I WAS DOWN IN NEW YORK CITY, AND TO BE

HONEST WITH YOU, MY DRIVING WAS PROBABLY DANGEROUS TO ME AND TO THE

BICYCLISTS BECAUSE I -- I'M JUST NOT USED TO USING THE HORN AS OFTEN AS I

USE THE GAS AND BRAKE. AND SO, YOU KNOW, I JUST FOUND IT SHOCKING

WHEN THEY WENT FLYING THROUGH STOP SIGNS RIGHT IN FRONT OF ME AND BY

THE TIME I FIGURED OUT WHERE MY HORN WAS THEY WERE LONG GONE AND THE

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PEDESTRIANS JUST LOOKED AT ME LIKE THERE WAS SOMETHING WRONG WITH

ME. EACH OF US MAY HAVE OUR OWN PERSPECTIVE UNDER WHETHER OR NOT

BLOWING THROUGH STOP SIGNS AND STOPLIGHTS WILL MAKE IT SAFER FOR

BICYCLISTS OR NOT. MY EXPERIENCE IN NEW YORK CITY IS IT WAS PRETTY

WILD AND CRAZY WHEN I WAS DOWN THERE BUT MAYBE THINGS WILL IMPROVE

IF THEY CAN LEGALLY BLOW THROUGH STOP SIGNS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. ANGELINO.

MR. ANGELINO: GOOD EVENING, MR. SPEAKER. I'D

LIKE TO SPEAK ON THE BILL.

ACTING SPEAKER AUBRY: GOOD EVENING, MR.

ANGELINO, AND CERTAINLY YOU MAY PROCEED.

MR. ANGELINO: THANK YOU. IN MY DISTRICT AND

SPECIFICALLY THE CITY IN WHICH I LIVE, WE HAVE BICYCLE LANES AND THEY'VE

ACTUALLY REDUCED THE -- THE MOTOR VEHICLE LANES BY PUTTING IN BICYCLE

LANES THAT REDUCE PARKING AND THIS IS BECAUSE OF THE CYCLISTS HAD

DEMANDED THAT THEY WANTED TO LIVE UP TO SECTION 1231 OF THE V&T

LAW BY HAVING THE RULES OF THE ROAD THAT APPLY TO THEM. AND I'VE -- WE

HAVE A STATE HIGHWAY, A COUPLE OF THEM RUNNING THROUGH THE CITY LIMITS

AND WE HAVE THE CHEVRONS RIGHT IN THE MIDDLE OF THE LANE TO REMIND

MOTORISTS THAT BICYCLES ARE ALLOWED IN THE TRAFFIC LANES.

I WANT TO GIVE YOU AN EXAMPLE THAT HAPPENED WHEN I

WAS ON DUTY OF SOMEBODY DOING JUST EXACTLY WHAT THIS BILL IS GOING TO

ALLOW. I UNDERSTAND IT'S HARD TO GET MOMENTUM UP AGAIN ONCE YOU STOP

THE BICYCLE, IT TAKES A LOT OF LEG EFFORT AND MUSCLE. WE HAVE A YOUNG

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NYS ASSEMBLY JUNE 7, 2023

LADY WHO WAS APPROACHING A -- A RED LIGHT. SHE -- SHE WAS LOOKING LEFT

AND RIGHT, BUT ALONGSIDE OF HER WAS A -- A PEPSI TRUCK THAT WAS DOING A

LEGAL RIGHT ON RED. AND AS SHE BREEZED PAST, THE TRUCK TURNED INTO HER

AND THAT TURNED TO BE A FATAL MOTOR VEHICLE ACCIDENT. THE YOUNG LADY

GOT CAUGHT UNDER THE WHEELS AND IT WAS HORRIFIC. FROM WHAT I HAVE

SEEN, BICYCLISTS RIGHT NOW PRETTY MUCH IGNORE AND ARE DOING THE IDAHO

STOPS AND YIELDS TO BEGIN WITH, AMONG OTHER THINGS. THE MOST GENERAL

THING IS WHEN I SEE A BICYCLE APPROACHING AN INTERSECTION IS TO JUMP ON

THE SIDEWALK AND THEN THEY TURN INTO A PEDESTRIAN USING THE CROSSWALK

TO GET THROUGH THE INTERSECTION. SO I DON'T KNOW IF WE OUGHT TO BE

ENCOURAGING TO DO THIS MORE FREQUENTLY BY CHANGING THE LAW. THE

EXPLANATION, I GET IT, THAT, YOU KNOW, IT'S BETTER FOR THE CYCLISTS TO KEEP

THEIR MOMENTUM UP, BUT USING THAT SAME LOGIC WE SHOULD BE ALLOWING

VEHICLES TO DO THE SAME THING. IF THERE'S NOTHING COMING -- I'VE SAT IN

TRAFFIC LIGHTS HERE IN ALBANY FOR THREE MINUTES IN THE MIDDLE OF THE

NIGHT AND I WOULD JUST LOVE TO SCOOT ACROSS THE INTERSECTION TO SAVE FUEL

BUT I SIT THERE. THE -- I THINK WHAT THIS IS, MY HUNCH IS, WITH MY

BACKGROUND, I KNOW THAT THERE ARE A LOT OF BICYCLE STOPS MADE BY

POLICE AND THEY YIELD A LOT OF RESULTS. AND I THINK THIS IS ACTUALLY A BILL

TO REDUCE THE POLICE CONTACT WITH CYCLISTS WHO COMMIT A VIOLATION BY

REMOVING THE VIOLATION. I DON'T THINK THIS IS GOING TO ACTUALLY BE ANY

SAFER. CYCLISTS RIGHT NOW ARE GETTING HIT DOING THE SAME THING GOING

THROUGH INTERSECTIONS. IF THEY'RE NOT SLOWING DOWN FOR A STOP SIGN OR

TREATING A YIELD -- A RED LIGHT AS A YIELD, I THINK THEY'RE GETTING A CYCLIST

INTO A INTERSECTION MORE QUICKLY AND I -- I -- I WORRY ABOUT THE LIABILITY,

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NYS ASSEMBLY JUNE 7, 2023

WHO IS GOING TO BE LIABLE, WHO IS GOING TO BE FOUND AT FAULT WHEN THERE

IS AN INTERSECTION COLLISION BETWEEN A CYCLIST AND A CAR. THE CAR HAS A

GREEN LIGHT, THE BICYCLIST HAS A RED LIGHT BUT, OH, WE MADE IT AN IDAHO

RED LIGHT. SO FOR THESE REASONS, AND I -- I URGE PEOPLE TO THINK ABOUT

THIS. WE ALL KNOW THAT CYCLISTS ARE ALREADY DOING THIS TO BEGIN WITH. I

DON'T THINK IT HAS TO BE MADE LEGAL, AND I WOULD ENCOURAGE PEOPLE TO

VOTE IN THE NEGATIVE. THANK YOU, MR. SPEAKER. HAVE A GOOD EVENING.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. PIROZZOLO.

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

THE SPONSOR YIELD, PLEASE?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: CERTAINLY.

ACTING SPEAKER AUBRY: MS. FAHY YIELDS.

MR. PIROZZOLO: SO, IN MY DAY, I WAS QUITE AN

AVID CYCLER, AND THE AVERAGE VEHICLE BACK THEN, EVEN NOW IS MORE, WAS

3,000 POUNDS. ANY ACCIDENT INVOLVING A BICYCLE, WHETHER THE BICYCLIST

WAS JUSTIFIED, NOT JUSTIFIED IS NOT GOOD FOR A BICYCLIST. CRASHING WITH A

3,000 POUND VEHICLE NEVER WORKS. ENCOURAGING THEM TO GO INTO THIS,

WHICH IS I'M GOING TO ASK ABOUT A STATEMENT YOU USED, YOU SAID

SOMETHING ABOUT DECRIMINALIZING A CYCLING BEHAVIOR. COULD YOU

ELABORATE ON THAT, PLEASE?

MS. FAHY: I WAS READING DIRECTLY FROM A -- A

NATIONAL HIGHWAY TRANSPORTATION SAFETY REPORT. AGAIN, THAT -- THAT

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NYS ASSEMBLY JUNE 7, 2023

THE STOP AS YIELD OR, AGAIN, WHAT'S REFERRED TO OFTEN AS THE IDAHO STOP

LAW, IT DECRIMINALIZES A RIDING BEHAVIOR AND POSSIBLY ENCOURAGING

MORE RIDERSHIP. BECAUSE - AND I'M SKIPPING OVER NOW - MORE

BICYCLISTS ON THE ROAD TOGETHER INCREASES THEIR VISIBILITY AND ATTENTION

BY MOTORISTS, AND THAT'S A DIRECT QUOTE. SO LET'S SEE, STUDIES GO ON TO

SHOW THAT MOTORISTS WILL DRIVE MORE CAUTIOUSLY THEN, AND CYCLISTS ARE

SAFER ON ROADS WHEN -- WHEN TRAVELING. IT GIVES ALL SORTS OF STATS HERE,

BUT LET ME GIVE ONE THAT'S JUST FOR NEW YORK. THE MOST -- ONE OF THE

MOST RECENT ONES I HAVE. AND THAT WAS JUST BETWEEN 2019 AND 2020.

SO IN ONE YEAR, THERE WAS A 12 PERCENT RISE IN TRAFFIC FATALITIES. AND

JUST IN RESPONSE TO SOME OF THE EARLIER CONCERNS RAISED, I'VE SPONSORED

THIS BILL FOR THE LAST COUPLE OF YEARS ACTUALLY BECAUSE IT IS ABOUT SAFETY,

FOR ME IT IS ABOUT SAFETY. I'M A -- AGAIN, I'M AN AVID CYCLIST, I CARE

ABOUT MY OWN SAFETY, I CARE ABOUT OTHERS, AND THIS IS -- UNDER NO

CIRCUMSTANCES WOULD THIS STILL NOT REQUIRE A SAFE ENTRY INTO THE

INTERSECTION, BUT IT -- IT DOES -- IT CERTAINLY DOES HELP DECRIMINALIZE AND

UNDER NO CIRCUMSTANCES DOES THE LIABILITY CHANGE. SO IF A CYCLIST IS

ENTERING AN INTERSECTION THAT WAS NOT SAFE TO ENTER OR WHERE THERE WAS

TRAFFIC, THAT CYCLIST IS LIABLE. SO JUST -- JUST TO BE CLEAR.

MR. PIROZZOLO: OKAY. SO THEN ALSO TO BE CLEAR,

JUST TO GO OVER ONE MORE TIME, WE'RE SAYING THAT RED LIGHTS FOR

BICYCLISTS SHOULD BE TREATED AS A STOP SIGN.

MS. FAHY: YES.

MR. PIROZZOLO: AND A STOP SIGN FOR A BICYCLIST,

EXCUSE ME, SHOULD BE TREATED AS A YIELD SIGN.

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NYS ASSEMBLY JUNE 7, 2023

MS. FAHY: YES. AND AGAIN, THESE ARE --

MR. PIROZZOLO: OKAY.

MS. FAHY: -- MAY BE TREATED ASSUMING THE

INTERSECTION IS CLEAR.

MR. PIROZZOLO: GOT IT. I DON'T KNOW OF MANY

CLEARING SECTIONS IN NEW YORK CITY OR ON STATEN ISLAND, BUT THAT'S

GOING BESIDE THE POINT. IN NEW YORK CITY, WE HAVE BIKE LANES THAT

HAVE SPECIFIC BICYCLE STOPLIGHTS.

MS. FAHY: YES. I REFERRED TO THOSE EARLIER.

MR. PIROZZOLO: WHAT GOES ON THERE?

MS. FAHY: I REFERRED TO THOSE EARLIER. IN THAT CASE,

YOU -- IF IT IS A RED STOPLIGHT IN THAT BIKE LANE, YOU WOULD, OF COURSE,

HAVE TO STOP AND WAIT FOR THE GREEN.

MR. PIROZZOLO: OKAY.

MS. FAHY: THAT IS -- THOSE -- THOSE LIGHTS ARE

SPECIFICALLY DESIGNED FOR CYCLISTS, AND THIS WOULD NOT AFFECT THAT AT ALL.

MR. PIROZZOLO: DO CYCLISTS KNOW THAT?

MS. FAHY: YES. AND IF YOU HAVE SEEN THOSE

STOPLIGHTS, IT LITERALLY IS IN THE SHAPE OF A BICYCLE. IT'S KIND OF --

MR. PIROZZOLO: NO, NO. I MEAN DO CYCLISTS KNOW

THEY CAN'T BLOW THROUGH THAT YIELD SIGN?

MS. FAHY: YES. AND AGAIN --

MR. PIROZZOLO: (INAUDIBLE) -- A RED LIGHT.

MS. FAHY: -- AND AGAIN I'VE BIKED NOW DOZENS OF

TIMES IN THE CITY, MOSTLY IN MANHATTAN, WHICH IS I THINK THE MOST

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NYS ASSEMBLY JUNE 7, 2023

CONGESTED, AND AGAIN, I THINK -- I THINK YOU WOULD WANT TO MAKE SURE

YOU'RE STOPPING IF IT'S A -- IF IT'S A RED STOPLIGHT WITH THE TRAFFIC -- IN THE

-- IN THAT BIKE LANE.

MR. PIROZZOLO: THANK YOU.

IF I MAY, MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

PIROZZOLO.

MR. PIROZZOLO: SO I THINK THE SPONSOR IS 100

PERCENT CORRECT, YOU WOULD WANT TO BE SURE THAT YOU'RE STOPPING AT THAT

STOPLIGHT. NOT ONLY -- SO NOT ONLY WOULD YOU WANT TO BE SURE THAT

YOU'RE STOPPING AT THAT STOPLIGHT, I WOULD HAVE TO ARGUE THAT YOU WANT

TO BE SURE THAT YOU'RE STOPPING AT EVERY STOPLIGHT. THIS IS TALKING ABOUT

DECRIMINALIZING A CYCLING BEHAVIOR WHICH IS A BAD BEHAVIOR. I DON'T

KNOW ABOUT ANYONE ELSE HERE, BUT WHEN I TOOK DRIVERS' ED, I WAS TOLD

THAT WHEN THAT LIGHT IS GREEN, IT PRETTY MUCH GUARANTEES THAT THAT

INTERSECTION IS GOING TO BE CLEAR FOR ME TO DRIVE THROUGH. WE HAVE ALL

GROWN UP, LEARNED HOW TO DRIVE, AND HAVE GONE THROUGH THAT THAT WHEN

WE GO THROUGH AN INTERSECTION AND THERE'S A GREEN LIGHT, WE SHOULD NOT

BE EXPECTING ANY OTHER TRAFFIC, BICYCLISTS, ROLLERBLADING, SCOOTERS,

CYCLING, WHATEVER IT IS. THIS IS THE WRONG THING TO DO. WHAT ARE WE

GOING TO DO WITH OUR CHILDREN? I SEE KIDS ON STATEN ISLAND, THEY JUST

GOT A SCOOTER, AND THEY'RE DRIVING DOWN HIGHLAND BOULEVARD WITH

SOMEBODY ON THE BACK AND THEY'RE MAKING CIRCLES ALL OVER THE PLACE.

WE ARE ENCOURAGING BAD BEHAVIOR. AND WHAT'S GOING TO HAPPEN WITH

OUR YOUNGER CHILDREN WHO SEE THAT THIS IS HOW THE ADULTS BEHAVE. THIS

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IS A VERY BAD IDEA. I DON'T CARE WHAT ANYBODY'S TRAFFIC SAFETY REPORTS

SAY, I DON'T WANT THIS BILL PASSED. I WOULD SUGGEST THAT EVERYONE VOTES

NO, AND NO OFFENSE INTENDED, BUT I HOPE THIS IS A BILL YOU'LL BE

SPONSORING NEXT YEAR, TOO.

ACTING SPEAKER AUBRY: MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. REILLY: SO THOSE OF MY COLLEAGUES FROM NEW

YORK CITY, IF YOU LIVE IN MANHATTAN OR YOU'VE EVER BEEN TO MANHATTAN,

YOU KNOW ABOUT BIKE MESSENGERS. THEY'RE LIKE QUICKSILVER, LIKE THE

MOVIE. THEY ZOOM THROUGH INTERSECTIONS, THEY DON'T DO A CALIFORNIA

STOP, THEY DON'T DO AN IDAHO STOP, THEY DON'T DO ANY STOP. THEY'RE IN A

RUSH. THERE HAVE BEEN MANY INCIDENTS WHERE PEDESTRIANS HAVE GOTTEN

HURT BECAUSE OF THEM, AND THAT'S WHAT WE'RE FEEDING INTO WITH THIS BILL.

LET ME GIVE YOU LITTLE BIT OF DATA TO SUPPORT THIS.

SINCE 2011, WHEN NEW YORK CITY STARTED TRACKING BICYCLE PEDESTRIAN

INJURIES, THEY'VE INJURED, SINCE 2011 TO 2019, 2,250 PEDESTRIANS ALL

BECAUSE OF RECKLESS BICYCLING. A MAJORITY OF THEM IN MANHATTAN ARE

THOSE MESSENGERS. WE USED TO DO OPERATIONS IN MIDTOWN NORTH WHERE

WE HAD TO GIVE THEM RED LIGHT SUMMONSES BECAUSE THEY DID NOT STOP

FOR TRAFFIC, AND THEY CAUSED MANY INJURIES. THEY CREATED MANY

ACCIDENT-PRONE LOCATIONS, AND THOSE OF YOU IN NEW YORK CITY KNOW

WHAT AN NYPD ACCIDENT-PRONE LOCATION WAS, WHERE MULTIPLE ACCIDENTS

HAPPEN. THIS LEGISLATION WILL MAKE THAT EVEN GREATER, BECAUSE WHEN A

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BICYCLIST HEAR -- A BICYCLIST HEARS, ESPECIALLY THOSE MESSENGERS, WHEN

THEY HEAR THAT THEY DON'T HAVE TO NECESSARILY STOP AT A TRAFFIC DEVICE,

TRAFFIC -- TRAFFIC CONTROL SIGNAL, A RED LIGHT OR A STOP SIGN, AND THEY CAN

JUST DO A QUICK BRAKE AND GO, THEY'RE NOT GOING TO BRAKE. AND THAT

SIGNAL THAT MY COLLEAGUE MENTIONED BEFORE, THAT BICYCLE THAT'S A RED

LIGHT, THEY'RE NOT GOING TO DIFFERENTIATE BETWEEN THE REGULAR RED, YELLOW

AND GREEN LIGHT. THEY'RE GOING TO TREAT IT THE SAME WAY. SO THOSE BIKE

LANES THAT ARE IN MANHATTAN WITH THOSE SIGNALS, WE'RE GOING TO SEND THE

WRONG MESSAGE. THEY'RE GOING TO THINK THEY CAN GO THROUGH IT. AND

THAT NUMBER OF PEDESTRIANS, THAT SITS AT 2,250 BETWEEN THE YEARS 2011

AND 2019, IS GOING TO GO THROUGH THE ROOF. AND WE'RE GOING TO SEE

MORE FATALITIES. THAT'S 2,250 INJURIES, THERE WERE EIGHT DEATHS FROM

BICYCLISTS HITTING PEDESTRIANS.

I THINK THERE'S MUCH MORE THAT WE HAVE TO DO WITH THIS

LEGISLATION TO REALLY MAKE IT EFFECTIVE IF YOU REALLY WANT TO MOVE

FORWARD WITH IT, BUT AS IT'S CURRENTLY WRITTEN, I THINK IT'S TOO AMBIGUOUS

AND I THINK IT'S REALLY GOING TO SEND THE WRONG MESSAGE AND THEY'RE NOT

GOING TO DO THAT LITTLE IDAHO STOP. SO FOR THAT REASON, I CANNOT SUPPORT

IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. DIPIETRO.

MR. DIPIETRO: THANK YOU, MR. SPEAKER.

ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. DIPIETRO: THANKS. YOU KNOW, IT'S REALLY

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WEIRD, YOU KNOW SITTING BACK HERE ALL DAY AND ALL OF A SUDDEN THIS BILL

COMES UP AND IT JUST GRABS ME BECAUSE I WAS THE MAYOR IN MY VILLAGE,

REALLY SMALL VILLAGE FOR A NUMBER OF YEARS BACK, AND IN 2000 -- I WAS

AN AVID BIKER MYSELF. IN 1999, I'LL NEVER FORGET IT, I BOUGHT A NEW TREK

FOR OFF-ROAD AND FOR ON-ROAD AND I SPENT $700, TO ME WHICH WAS A, LIKE,

A TON OF MONEY, BUT I WANTED A NICE BIKE, AND I WENT EVERYWHERE. AND

THEN WHEN I BECAME MAYOR, I ACTUALLY DID A LOT OF TRAFFIC MITIGATIONS

FOR BIKES IN OUR VILLAGE. WORKING WITH THE BOYS AND GIRLS CLUB TO PUT

IN A TRAFFIC LITIGATION. WE PUT DIFFERENT SIGNS UP FOR PEDESTRIAN TRAFFIC

MITIGATION ALL THROUGH OUR MAIN STREET AND SOME SIDE STREETS AND FOR

BIKES. AND WHEN I -- I WAS IN CHARGE OF -- DURING MY TENURE OF THE

RECONSTRUCTION OF OUR MAIN STREET FROM THE NEW YORK STATE DOT, AND

I MADE SURE WE HAD BIKE LANES ON BOTH SIDES. AND WHAT HAPPENED WAS

IN 2004 OR '05 I REMEMBER THE SIGNS THAT WE WERE PUTTING UP - I'LL JUST

MENTION THIS - ABOUT 14 OF THEM GOT RUN OVER AND DESTROYED BECAUSE

THE -- THE -- THE DRIVERS DIDN'T PAY ANY ATTENTION. AND WHEN I PUT THESE

UP AND WE WERE TRYING TO MAKE THIS OUR -- OUR LITTLE COMMUNITY BIKE

SAFE, THE BIKE ACCIDENTS MORE THAN DOUBLED BECAUSE THE DRIVERS WEREN'T

PAYING ATTENTION, A LOT OF THEM COMING WEREN'T EVEN FROM YOUR OWN

TOWN, THEY DON'T KNOW THE DIFFERENT LAWS. AND MY WHOLE ATTITUDE

CHANGED AFTER THAT IN 2004, '05, '06. AND THESE BIKES -- AND WHAT

HAPPENED WAS -- AND NOW WITH THE E-BIKES, WHAT I FIND MYSELF IN MY

OWN LITTLE VILLAGE, I'M DRIVING AND THESE BIKES ARE CUTTING ME OFF,

THEY'RE NOT USING THE BIKE LANE, THEY'RE NOT PAYING ATTENTION TO THE

MITIGATION THAT WE HAVE, AND THEY'RE -- THEY'RE CAUSING PROBLEMS. AND

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I THINK THAT'S JUST BECAUSE WHAT HAPPENS WHEN WE PUT -- WHEN WE TRY TO

MAKE THINGS BETTER FOR BICYCLES, THE FACT IS A 3- OR 4,000-POUND VEHICLE,

DOESN'T MATTER HOW RIGHT YOU ARE ON THE BIKE WHEN YOU'RE SITTING IN THE

HOSPITAL ALL BUSTED UP AND YOU'RE RIGHT, IT DOESN'T MEAN ANYTHING. AND

I THINK WHAT HAPPENS NOW IS I THINK IS A LOT OF THESE -- THE BICYCLISTS,

BECAUSE I WAS ONE, THEY DEVELOP THIS ATTITUDE, ESPECIALLY MY LITTLE

VILLAGE, THAT THEY OWN THE ROAD AND THEY HAVE THE RIGHT OF WAY. IT'S

REALLY FRUSTRATING BECAUSE I FIND MYSELF IN MY OWN VILLAGE YELLING AT

THE BICYCLISTS. YOU KNOW LIKE REALLY, DON'T YOU KNOW WHAT YOU'RE

DOING, YOU DON'T HAVE THE RIGHT OF WAY HERE. AND THEY JUST LITERALLY FLIP

YOU OFF AND KEEP GOING BECAUSE, YOU KNOW, THAT'S WHO THEY ARE, SOME

OF THEM, AND IT'S JUST -- IT'S -- THESE LAWS TEND TO GIVE BICYCLISTS A LITTLE

BIT DIFFERENT MENTALITY, WHICH I DON'T THINK IS RIGHT BECAUSE CARS -- IT

PUTS THEM IN TOO MUCH DANGER. AND WHEN THESE ACCIDENTS OCCUR MORE,

LIKE THEY DID IN MY VILLAGE, I'M SURE THERE ARE STUDIES IN CERTAIN PLACES

WHERE THEY'VE GONE DOWN, I UNDERSTAND THAT, BUT IN MY EXPERIENCE

WHEN THEY WENT UP, NO ONE WANTED TO SEE THAT NINE-YEAR-OLD KID GET

HIT, AND THAT WAS REALLY EYE OPENING FOR ME BACK IN THE DAY.

SO I -- I CAN'T SUPPORT THIS, EVEN THOUGH I WAS AN AVID

BICYCLIST, AND THAT WAS 25 POUNDS AGO, SO I AM NOT GOING TO SUPPORT

THIS. I WISH THERE WAS SOMETHING ELSE WE COULD DO, BUT THIS JUST DOESN'T

SEEM -- I DON'T KNOW IF IT'S GOING TO WORK. MAYBE THIS IS GOOD FOR A

BIGGER CITY, MAYBE THIS COULD BE A NEW YORK CITY-ONLY BILL OR A LARGER

CITY, BUT IN MY LITTLE VILLAGE, THE -- THE TRAFFIC MITIGATIONS THAT I ACTUALLY

PUT IN PLACE AS A MAYOR DIDN'T WORK. SO I'M JUST TELLING YOU THERE ARE

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SOME BAD SIDES TO THIS. SO I'LL BE VOTING IN THE NEGATIVE. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. CHANG.

MR. CHANG: THANK YOU, MR. SPEAKER. I REALLY TALK

ANYTHING FOR -- FOR THE WHOLE DAY, BUT WITH THIS BILL IS NOT GOOD IN MY

DISTRICT IN SOUTHERN BROOKLYN, CONGESTED ITSELF. BICYCLISTS, ESPECIALLY

E-BIKES, RUNNING LAWLESSNESS. THEY DON'T OBEY TRAFFIC SIGNS. IN ONLY

JUST BARELY SIX MONTHS I ATTENDED TWO OF MY CONSTITUENTS' FUNERAL

BECAUSE OF THIS. RUN OVER TWO PEDESTRIANS, RUN PAST THE RED LIGHT. I --

EVERY WEEK I GET COMPLAINTS IN MY OFFICE ABOUT E-BIKES AND COMPLAINT

ABOUT CONGESTION AND -- AND RIDING THE WRONG WAY AND RUNNING

THROUGH RED LIGHTS OR NEARLY HITTING SOMEBODY, YOUNG KIDS AND -- AND

ELDERLY PEOPLE. AND IT'S TRUE WITH MY FELLOW COLLEAGUES, WITH THIS LAW

IT LIBERALIZE THE LAWLESSNESS. WE NEED TO STRENGTHEN, NOT LIBERALIZE.

WE NEED TO FORCE ENFORCEMENT ON THESE -- ON THESE BICYCLISTS. WE

NEED TO CHANGE THE BEHAVIOR. THE ONLY WAY TO CHANGE BEHAVIOR IS

ENFORCEMENT AND -- AND STRENGTHEN THE LAWS ITSELF. THAT'S WHAT WE'RE

LIKE IN NEW YORK CITY, UNFORTUNATELY. THAT'S WHAT I'M SEEING. WE'RE

DECRIMINALIZING THIS. WE NEED TO PUT TEETH INTO IT, CHANGE THE

BEHAVIOR. AND ON THIS BILL I DEFINITELY WILL VOTE FOR NO.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BRAUNSTEIN.

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

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THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU

YIELD?

MS. FAHY: SURE.

ACTING SPEAKER AUBRY: MS. FAHY YIELDS.

MR. BRAUNSTEIN: THANKS, PAT. HAS -- HAS

ANYBODY ASKED NEW YORK CITY DOT TO WEIGH IN ON THIS PROPOSAL, DO

YOU KNOW?

MS. FAHY: THE PROPOSAL HAS BEEN OUT THERE FOR THE

LAST AT LEAST TWO YEARS. I DON'T THINK -- I'M NOT SURE IF WE HAVE HEARD

FROM THEM. WE HAVE HAD LETTERS OF SPONSORSHIP FROM BIKE NEW YORK

AS WELL AS THE NEW YORK BIKE COALITION. I THINK TRANSPORTATION

ALTERNATIVES, WHICH IS NEW YORK CITY-BASED, AND I'M SURE I'M MISSING

A COUPLE OF OTHERS. CERTAINLY, WE HAVEN'T HAD OPPOSITION.

MR. BRAUNSTEIN: AND DOES THIS APPLY TO E-BIKES

AS WELL?

MS. FAHY: YES.

MR. BRAUNSTEIN: OKAY. THANK YOU, PAT.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BRAUNSTEIN: YOU KNOW, LISTENING TO THIS

DEBATE AND JUST RESEARCHING A LITTLE BIT ABOUT THE BILL BEFORE US, I -- I

HAVE TO AGREE WITH SOME OF THE STATEMENTS FROM MY OTHER COLLEAGUES

FROM NEW YORK CITY ABOUT BICYCLISTS AND IN -- AND MY CONCERN IS

PEDESTRIAN SAFETY. IF YOU'RE IN A CONGESTED AREA, PARTICULARLY IN

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MANHATTAN, THERE'S TIMES WHERE, YOU KNOW, YOU'LL SEE THE LIGHT WILL

CHANGE, THE WALK SIGN WILL TURN TO -- TO WHITE, AND AS A PEDESTRIAN YOU

WALK OUT INTO THE STREET AND YOU ALMOST GET CLIPPED BY PEOPLE ON

BICYCLES WHO JUST FLY RIGHT THROUGH THE RED LIGHT. THAT'S HAPPENED TO

ME ON NUMEROUS OCCASIONS. AND I THINK THAT IF WE'RE GOING TO START

SAYING TO THOSE CYCLISTS NO LONGER DO YOU HAVE TO STOP, THEY'RE NOT

STOPPING ALREADY, SO NOW WE'RE JUST GOING TO SAY YOU JUST HAVE TO SLOW

DOWN. IT'S -- IT'S JUST GOING TO ENCOURAGE THAT KIND OF BEHAVIOR AND I

JUST DON'T THINK THAT THIS CHANGE, WHILE IT MIGHT WORK IN OTHER PARTS IN

THE COUNTRY, IN -- IN HEAVILY-CONGESTED NEW YORK CITY WITH THE

DELIVERY PEOPLE ON THE E-BIKES, I JUST THINK IT -- IT'S ENCOURAGING MORE

DANGEROUS CIRCUMSTANCES. AND THE FACT THAT, YOU KNOW, WE DON'T HAVE

ANY POSITION FROM THE NEW YORK CITY DOT WHICH REPRESENTS THE

LARGEST CITY IN THE STATE, EIGHT-AND-A-HALF MILLION PEOPLE, IF EVER I

WOULD BE ABLE TO WANT TO MOVE FORWARD ON THIS I WOULD AT LEAST WANT TO

HAVE SOME IDEA OF WHAT NEW YORK CITY DOT THINKS ABOUT THIS

PROPOSAL.

SO FOR THOSE REASONS I WILL BE VOTING IN THE NEGATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. NOVAKHOV.

MR. NOVAKHOV: THANK YOU, MR. SPEAKER.

HOWEVER, YOU KNOW, SEEING HOW EVERYONE IS TIRED I DECIDED NOT TO

SPEAK ON THIS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

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NYS ASSEMBLY JUNE 7, 2023

(APPLAUSE)

MR. -- YES, WE APPLAUD THAT.

MR. NORRIS.

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

SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. FAHY?

MS. FAHY: CERTAINLY.

ACTING SPEAKER AUBRY: MS. FAHY YIELDS.

MR. NORRIS: MS. FAHY, THANK YOU VERY MUCH. I

JUST WANT TO GO BACK TO THE BEGINNING. SO, THERE'S A DIFFERENCE UNDER

YOUR BILL FOR A STOP SIGN OR A RED LIGHT; IS THAT CORRECT?

MS. FAHY: YES, I'M AFRAID YES. I -- I --

MR. NORRIS: I THINK IT'S A LITTLE CONFUSING, JUST

DURING THE DISCUSSION. CAN WE JUST GO BACK? SO A STOP SIGN, DOES THE

CYCLIST HAVE TO STOP?

MS. FAHY: ABSOLUTELY. AND I -- AGAIN, AT A -- SORRY,

AT A STOP SIGN IT IS A YIELD. AT A STOPLIGHT IT IS A STOP. AND AGAIN, UNDER

ANY CIRCUMSTANCE THERE MUST BE A SAFE ENTRY INTO THE INTERSECTION. THAT

DOES NOT CHANGE. IF A CYCLIST IS BREAKING THE LAW NOW IN TERMS OF NOT

IGNORING ANY OF THOSE, THEY'RE BREAKING THE LAW. THIS IS, AGAIN, A YIELD

IN TERMS OF A STOP SIGN, A STOP IN TERMS OF A LIGHT. WHERE THERE IS AN

ACCIDENT, IT DOES NOT CHANGE THE LIABILITY IF SOMEBODY HAS ENTERED --

HAS -- DOES NOT HAVE A SAFE ENTRY INTO THE INTERSECTION. SO THAT DOES NOT

CHANGE. AND AGAIN, I -- IT'S NOT INSIGNIFICANT THAT THE NATIONAL

HIGHWAY TRANSPORTATION ADMINISTRATION HAS WEIGHED IN HERE TO SAY IT

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IS SAFER BECAUSE YOU ARE MORE VISIBLE. I HAVE BIKED FOR DECADES. I

NEVER KNEW THERE WAS A TERM FOR IT BUT I DO JUMP AHEAD OF THE TRAFFIC,

AGAIN, WHEN IT'S SAFE. THANK YOU.

MR. NORRIS: I JUST -- LET'S WALK BACK TO THE STOP

SIGN.

MS. FAHY: YES.

MR. NORRIS: SO, IF YOU'RE APPROACHING AN

INTERSECTION WITH A STOP SIGN, YOU CAN YIELD. BUT I WANT TO MAKE SURE I

UNDERSTAND THIS UNDER YOUR BILL. IF IT'S UNSAFE TO YIELD, THEY STILL HAVE TO

STOP; IS THAT CORRECT?

MS. FAHY: ABSOLUTELY. ABSOLUTELY.

MR. NORRIS: ALL RIGHT. BECAUSE I KNOW -- AND I

UNDERSTAND MY COLLEAGUES, BOTH SIDES OF THE AISLE, THE DIFFERENCES OF

NEW YORK CITY AND HOW BUSY IT IS AND EVERYTHING, I UNDERSTAND THAT.

BUT WHERE I AM, UP IN UPSTATE NEW YORK AND AS SOMEONE WHO RIDES

ON THE ROADS AND MAY YIELD THROUGH AN INTERSECTION WITH A STOP SIGN

WHERE IT IS SAFE TO DO SO, I UNDERSTAND THE DIFFERENCE. NOW, FOR A

STOPLIGHT, I JUST WANT TO BE PERFECTLY CLEAR ON THIS, IF I'M APPROACHING A

STOPLIGHT OR WITH A RED ARROW TELLING ME TO STOP AS A CYCLIST, I STILL MUST

DO SO, CORRECT?

MS. FAHY: YES, AND IT MUST BE SAFE TO PROCEED.

YOU ARE LIABLE IF YOU ARE NOT PRACTICING THOSE SAFETY MEASURES. OUR

LIABILITY DOES NOT CHANGE.

MR. NORRIS: OKAY. NOW, I WANT TO JUST GO BACK TO

THE STOPLIGHT IN PARTICULAR BECAUSE I'M VERY SENSITIVE TO THIS SITUATION

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THAT ONE OF OUR COLLEAGUES HAD RAISED ABOUT THE TRUCK -- TRUCK. BUT IT IS

ALSO MY UNDERSTANDING FROM THE ADVOCATES THAT IT IS SAFER FOR THE CYCLIST

TO -- WHEN THERE'S A STOP GOING INTO THE INTERSECTION TO GET AHEAD OF A

TRUCK IF AT ALL POSSIBLE SO THEY CAN SEE YOU SO YOU DON'T GET CLIPPED.

WOULD THAT BE YOUR UNDERSTANDING AS WELL FROM SPEAKING WITH THE

ADVOCATES AND THE SAFETY MEASURES?

MS. FAHY: ABSOLUTELY. AND AGAIN, THAT'S PART OF

WHY THIS REPORT WAS ISSUED BY THE, AGAIN, NATIONAL HIGHWAY SAFETY

ADMINISTRATION IN MARCH OF 2022 BECAUSE IT DOES INCREASE VISIBILITY

AND BECAUSE WE ARE SEEING A DRAMATIC INCREASE IN FATALITIES AMONG

CYCLISTS.

MR. NORRIS: AMONG CYCLISTS, AND -- AND MANY OF

THEM BECAUSE THEY'RE BEING CLIPPED FROM THE TRUCKS BECAUSE YOU DON'T

-- THE CYCLIST DOESN'T SEE THE TRUCK MOVING, FOR EXAMPLE.

MS. FAHY: OR THE -- THE TRUCK DOES NOT SEE YOU.

MR. NORRIS: CORRECT. THAT'S CORRECT.

MS. FAHY: AND AS SOMEBODY MENTIONED,

SOMETIMES, YOU KNOW, THE MARKINGS ARE THERE BUT THEY DON'T -- THEY'RE

IGNORED.

MR. NORRIS: CORRECT.

MS. FAHY: THE MARKINGS TO REMIND FOLKS OF

CYCLISTS.

MR. NORRIS: YEAH, THE TRUCK DRIVER THEMSELVES

LIKELY WOULD NOT SEE THE CYCLISTS --

MS. FAHY: YES, AND I --

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MR. NORRIS: -- WHO ARE BEHIND YOU BECAUSE OF THE

BLIND SPOT.

MS. FAHY: -- THINK WE ALL KNOW UNDER COVID WE

HAVE SEEN THE ROAD, YOU KNOW, THE ROADS BECOME INCREASINGLY UNSAFE.

MR. NORRIS: AND IF YOU CAN GET AHEAD OF THAT TRUCK

SAFELY, MORE LIKELY THE TRUCK WILL SEE YOU AND YOU AVOID BEING CLIPPED,

CORRECT?

MS. FAHY: QUITE FRANKLY, I MAKE A POINT OF TRYING

TO GET AHEAD SO THAT I CAN INCREASE MY VISIBILITY, YES.

MR. NORRIS: AND THEREFORE, THE SAFETY OF THE

BICYCLIST UNDER THAT SITUATION WOULD BE CERTAINLY BETTER BECAUSE YOU

CAN GET -- YOU CAN GET AHEAD OF THE TRUCK SAFER.

MS. FAHY: YOU -- YOU GET AHEAD, RIGHT. THAT'S WHY

THEY PARTICULARLY NOTED VISIBILITY. THAT'S THE KEY HERE.

MR. NORRIS: ALL RIGHT. SO I JUST WANT TO GO BACK

AGAIN. SO A STOP SIGN, YOU CAN YIELD TO IT ONLY IF IT'S SAFE.

MS. FAHY: ONLY IF IT'S SAFE.

MR. NORRIS: A STOPLIGHT, YOU HAVE TO STOP.

MS. FAHY: YES.

MR. NORRIS: AND THE REASON BEING FOR SAFETY

PURPOSES IS TO GET OUT A LITTLE BIT IN FRONT OF THE INTERSECTION SO A TRUCK

CAN SEE YOU. THAT'S THE MAIN PURPOSE OF YOUR BILL.

MS. FAHY: YES.

MR. NORRIS: OKAY. I JUST HAVE ONE MORE THING I

WANTED TO POINT OUT ABOUT LIABILITY. I UNDERSTAND THAT THERE WILL BE A

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SHIFT IN THE BILL FOR THE STOP SIGN THAT SAYS TO SLOW DOWN TO A REASONABLE

SPEED FOR EXISTING CONDITIONS. THAT'S KIND OF AN UNKNOWN, RIGHT? I

MEAN, I -- I JUST KNOW THIS FROM BEING A FORMER TOWN PROSECUTOR,

UNSAFE, YOU KNOW, UNREASONABLE CONDITIONS IN A WINTER STORM, FOR

EXAMPLE, AND HOW IS THAT RELATED TO FINE? IS THERE A WAY THAT CAN BE

DEFINED MORE CLEARLY?

MS. FAHY: YEAH, WHAT -- WHAT LINE ARE YOU LOOKING

AT BECAUSE THIS IS BASED ON -- THAT PART'S BASED ON CURRENT LAW.

MR. NORRIS: IT WOULD BE UNDER THE STOP SIGNS, STOP

SIGN WOULD BE EITHER SLOW DOWN TO A SPEED REASONABLE FOR EXISTING

CONDITIONS, FIVE AND SIX.

MS. FAHY: ONE MOMENT.

(PAUSE)

MR. NORRIS: NO PROBLEM.

MS. FAHY: THAT IS BASED ON THE LAW FOR A YIELD SIGN

NOW. IT'S SUBSECTION 1142, SUBDIVISION (A) -- OH, SORRY, (B), THAT THE --

THE DRIVER OF A VEHICLE, IN THIS CASE A --A CYCLIST, APPROACHING A YIELD

SIGN SHALL IN -- SHALL IN OBEDIENCE TO SUCH SIGN, SLOW DOWN TO A SPEED

REASONABLE FOR EXISTING CONDITIONS OR STOP IF NECESSARY, AND I CAN

CONTINUE READING IF YOU'D LIKE ME TO. BUT AGAIN, THAT'S BASED ON CURRENT

LAW.

MR. NORRIS: BASED UPON CURRENT LAW AND THE

INTERPRETATION REFLECTED IN THE COURTS --

MS. FAHY: WOULD BE -- WOULD BE IN CURRENT LAW.

AGAIN, IT -- IT HAS TO BE A SAFE ENTRY INTO THE INTERSECTION. REMEMBER,

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NYS ASSEMBLY JUNE 7, 2023

THIS IS A CYCLIST ON A 20-POUND BIKE GOING UP AGAINST THOUSANDS OF

POUNDS OF A VEHICLE.

MR. NORRIS: I UNDERSTAND. THANK YOU, MS. FAHY,

FOR ANSWERING MY QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

NORRIS.

MR. NORRIS: YOU KNOW, I HAD A CHANCE -- I

INITIALLY VOTED NO IN COMMITTEE ON THIS AND I VOTED YES IN THE

COMMITTEE ON THIS THE SECOND TIME AFTER SPEAKING WITH THE ADVOCATES

AND HAVING AN UNDERSTANDING OF THEM BREAKING IT DOWN. STOP SIGNS

VERSUS STOPLIGHTS, THE REASONING FOR GETTING AHEAD OF TRUCKS SO YOU

DON'T GET CLIPPED FROM BEHIND, AND IT DID MAKE SENSE TO ME AFTER

TALKING TO -- TO THEM. HOWEVER, I DO UNDERSTAND THE CONCERNS OF MY

COLLEAGUES, PARTICULARLY FROM NEW YORK CITY, AND THE CONCERNS THERE.

I STILL HAVE NOT DECIDED HOW I'M GOING TO VOTE TODAY ON THE BILL, BUT

WHAT I WOULD SAY IS I WOULD BE HAPPY TO WORK WITH THE SPONSOR OF THIS

LEGISLATION, MAKING SOME MAYBE EXEMPTIONS FOR CERTAIN AREAS. ALSO,

TAKING A LOOK AT WHETHER OR NOT SOME OF THE LANGUAGE COULD BE

TIGHTENED BECAUSE I THINK THE SPIRIT OF THE BILL IS ACTUALLY TRYING TO

PROTECT THE CYCLISTS WHO ARE ON THE ROAD, PARTICULARLY WITH THE CONFINES

OF THE BILL.

SO THANK YOU VERY MUCH, MR. SPEAKER, FOR ALLOWING

ME THE OPPORTUNITY TO BE HEARD ON THE BILL AND FOR ASKING THE QUESTIONS

OF THE SPONSOR. THANK YOU.

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. GALLAGHER.

MS. GALLAGHER: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

GALLAGHER.

MS. GALLAGHER: THANK YOU. SO, I BECAME A

BIKE COMMUTER IN 2016 AND I RODE 18 MILES A DAY TO MY JOB AT THE

TIME, TO AND FROM MY JOB, AND IT TOOK ME THROUGH THE INDUSTRIAL AREA OF

MY NEIGHBORHOOD UP THROUGH THE EAST SIDE OF MANHATTAN, ACROSS

CENTRAL PARK TO THE UPPER WEST SIDE. AND I LOOKED FORWARD TO THIS

EVERY SINGLE DAY. I -- I LOOKED FORWARD TO EXPERIENCING THE WEATHER

AND THE SMELLS OF THE DIFFERENT ENVIRONMENTS, OF -- OF TALKING TO THE

OTHER CYCLISTS -- YEAH, THE -- THE SMELL OF CENTRAL PARK WAS MUCH BETTER

THAN THE SMELL OF THE INDUSTRIAL ZONE. BUT TALKING TO THE OTHER CYCLISTS

AT STOPLIGHTS AND THE INCREDIBLE IMPACT IT DID FOR MY HEALTH. I WAS IN

GREAT SHAPE BEFORE I JOINED THE ASSEMBLY, BELIEVE IT OR NOT. SO, THIS IS

A REALLY IMPORTANT WAY TO GET AROUND IN NEW YORK CITY AND IT IS --

NEW YORK CITY IS A GREAT BIKING CITY. BIKES ARE INEXPENSIVE AND THEY

ARE MORE ACCESSIBLE THAN CARS, AND THEY ARE MUCH FASTER THAN BOTH

PUBLIC TRANSIT AND CARS IN THE CITY. I WAS ABLE TO GET ACROSS THE ENTIRE

CITY IN ABOUT 40 MINUTES, WHEREAS I HAD A CAR AT THE TIME AS WELL AND

THAT WOULD TAKE ME AN HOUR TO DRIVE THERE. SO I LOVE RIDING BIKES, I

LOVE CYCLING. AND I WANT TO REMIND EVERYONE THAT THE STREETS ARE

PUBLIC SPACE, AND THERE WAS A LONG TIME BEFORE WE HAD CARS THAT WE

WERE BEING USED AS THE MAIN USE OF OUR ROADS. THE ROADS EXISTED

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BEFORE THEN FOR PEDESTRIANS, FOR STREET MARKETS, FOR OUR CYCLISTS, EVEN IN

THE 1800S. AND THIS IS SOMETHING THAT IS ABSOLUTELY A GOOD USE OF THE

ROAD AND A GREAT WAY TO COMMUTE. SO I THINK IT'S REALLY IMPORTANT THAT

WE TRUST THAT CYCLISTS AND CYCLING ADVOCATES KNOW WHAT IS BEST FOR

THEM, JUST AS PEOPLE WHO ARE DRIVING CARS ARE WHAT I FIND OFTEN

THINKING ABOUT WHAT'S BEST EXCLUSIVELY FOR THEM. BUT CYCLISTS KNOW

HOW TO MANEUVER AND OFTEN, IF YOU'RE AN EXPERIENCED CYCLIST YOU KNOW

HOW TO GET AROUND DIFFERENT KINDS OF DANGERS. AND IT'S REALLY IMPORTANT

THAT WE ALLOW PEOPLE TO DO WHAT KEEPS THEM SAFE AND DO WHAT KEEPS

THEM MOVING. AND THE IDAHO STOP IS SOMETHING THAT I WAS EXCITED

ABOUT BEFORE I EVEN RAN FOR OFFICE AND I ACTUALLY STARTED FOLLOWING --

BELIEVE IT OR NOT, FOLLOWING PAT FAHY BECAUSE I WAS SO IMPRESSED THAT

SHE KNEW ABOUT THIS LIFESAVING TECHNIQUE AND THAT WAS SHE TRYING TO

MAKE IT LAW.

SO I'M VERY EXCITED TO BE SPEAKING ON THIS BILL TODAY,

AND I WANT TO KNOW -- I -- I -- I WANT YOU TO KNOW THAT I HAVE HAD

EXPERIENCES WHERE IDAHO STOPS HAVE SAVED MY LIFE. THERE WAS A

GARBAGE TRUCK THAT WAS COMING AT ME, AND IF I WAS NOT ABLE TO GET OUT

AND ACROSS THE ROAD AND KEEP MOVING I WOULD HAVE BEEN KILLED ON THAT

ROAD COMING HOME AT NIGHT. ADDITIONALLY, A DEAR FRIEND OF MINE WAS

ARRESTED AND THROWN ON THE STREET, BEAT UP AND PUT IN JAIL FOR GOING

THROUGH A STOP SIGN IN MY DISTRICT, AND IT -- THAT IS JUST AN ABSOLUTE

WASTE OF ANY KIND OF LAW ENFORCEMENT. HE -- THEY -- IT WAS JUST A WAY

TO GET TICKETS UP, IS MY BELIEF. SO I THINK IDAHO STOPS ARE GOING TO SAVE

LIVES. AND I HEAR -- I HEAR MY COLLEAGUE ABOUT THE DOT. THERE IS A

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BILL THAT THE DOT HAS BEEN AVIDLY SUPPORTING, WHICH IS SAMMY'S LAW,

SO I JUST WANT TO PUT THAT OUT THERE, FOOD FOR THOUGHT. AND I ALSO WANT

TO SAY THAT I SUPPORT ALL OF THE FAMILIES FOR SAFE STREETS WHO ARE HUNGER

STRIKING NOW FOR THEIR LOVED ONES WHO HAVE BEEN KILLED BY TRAFFIC

VIOLENCE.

SO I AM FOR THIS BILL. I'M VERY EXCITED TO TAKE

ADVANTAGE OF IT AND I'D LIKE TO THANK YOU FOR GIVING ME THE SPACE TO

SPEAK.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED, BUT THOSE WHO WANT TO SUPPORT IT ARE

CERTAINLY ENCOURAGED TO VOTE ON THE FLOOR HERE OF THE ASSEMBLY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME THAT WOULD

CHOOSE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AT THEIR

DESK. THANK YOU.

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. PIROZZOLO TO EXPLAIN HIS VOTE.

MR. PIROZZOLO: THANK YOU AGAIN, MR. SPEAKER. I

JUST WANT TO BE CLEAR THAT THIS LEGISLATION IS GOING TO ALLOW BICYCLISTS TO

TREAT A RED LIGHT AS A STOP SIGN, WHICH MEANS THEY MIGHT HAVE TO STOP,

BUT THEN THEY CAN CONTINUE THROUGH ANYWAY, AND TO TREAT A STOP SIGN AS

A YIELD SIGN, WHICH MEANS THEY MAY NOT HAVE TO STOP AT ALL. I THINK

THAT'S BAD LEGISLATION. THE SAFETY REPORTS ARE TALKING ABOUT MAKING IT

SAFER BECAUSE THEY'VE BEEN CRIMINALIZING A BAD BEHAVIOR. IF WE JUST

STOP THE BAD BEHAVIOR WE PROBABLY WOULDN'T HAVE THAT PROBLEM. IF

THERE WERE ANY BILL, IN MY OPINION, ALTHOUGH I DO NOT HAVE THE

AUTHORITY, MR. SPEAKER, I DON'T HAVE THE AUTHORITY, BUT IF THERE WERE ANY

BILL THAT DEMANDED A SLOW ROLL CALL IT IS THIS ONE. I BELIEVE THAT EVERY

SINGLE MEMBER OF THIS ASSEMBLY SHOULD HAVE TO COME DOWN HERE, AND

IN MY OPINION, PUSH THEIR BUTTON TO DECIDE POSSIBLY HOW MANY OF THEIR

CONSTITUENTS WILL LIVE AND HOW MANY OF THEIR CONSTITUENTS WILL DIE.

THIS IS NOT A GOOD BILL IN NEW YORK CITY. I DON'T

KNOW IF IT COULD BE GOOD ANYWHERE ELSE, BUT THERE CERTAINLY NEEDS TO BE

A CARVEOUT. THANK YOU. I WILL BE VOTING NO AND I ENCOURAGE EVERYONE

TO VOTE NO, ALSO.

ACTING SPEAKER AUBRY: MR. PIROZZOLO IN THE

NEGATIVE.

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NYS ASSEMBLY JUNE 7, 2023

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I -- IN THE CITY OF BUFFALO THERE HAS BEEN A REAL CONCERTED

EFFORT TO UNDERSTAND THAT THERE ARE MORE PEOPLE WHO RIDE BIKES, AND TO

PREPARE OUR STREETS FOR THEM. SO IN SOME CASES WE'RE LOSING PARKING

SPACE AND IN SOME PLACES WE'RE LOSING DRIVING LANES. STREETS THAT USED

TO BE TWO LANES YOU CAN DRIVE ON IT ARE NOW ONE LANE. AND SO THERE ARE

MORE PEOPLE DRIVING BIKES. THERE ARE ORGANIZATIONS THAT ARE PULLING

THEMSELVES TOGETHER TO ENCOURAGE MORE BIKE RIDING. AND AS WAS

MENTIONED BY ONE OF MY COLLEAGUES, MORE PEOPLE PREFER TO HAVE A BIKE

THAN TO HAVE A CAR THEY HAVE TO PUT GAS IN. IT GETS THEM WHERE THEY

NEED TO GO. I -- I DO HAVE SOME CONCERNS ABOUT THE ENFORCEMENT OF

THIS, AND I THINK THIS IS MORE ABOUT PROTECTING THE BIKERS WHO IN MANY

CASES, FAR TOO MANY CASES, DON'T FOLLOW EXISTING TRAFFIC LAWS NOW.

NOW, I THINK THAT THIS IS AN OPPORTUNITY TO HELP THEM UNDERSTAND THAT,

ONE, YOU'VE GOT TO FOLLOW EXISTING TRAFFIC LAWS, AND IF WE'RE GOING TO

CREATE NEW LAWS TO HELP YOU BE ABLE TO BE SAFER AROUND VEHICLES

BECAUSE THERE ARE GARBAGE TRUCKS THAT RIDE ON STREETS, THERE'S A TON OF

AMAZON TRUCKS ALL OVER THE PLACE ON A REGULAR BASIS, TO GET AWAY FROM

THE FUMES, ET CETERA, ET CETERA, I CAN APPRECIATE AND UNDERSTAND THAT.

YOU ALSO ARE GOING TO HAVE TO UNDERSTAND YOU GOT TO FOLLOW THE RULES,

TOO, AS A BIKER. AND SO I THINK THERE IS ANOTHER PIECE TO THIS LEGISLATION

THAT MIGHT BE ADDED AT SOME OTHER POINT, BUT IF WE'RE GOING TO MAKE

THINGS SAFER FOR BIKERS TO USE OUR STREETS THAT ARE DESIGNED FOR CARS, THEN

WE SHOULD ALSO MAKE SURE THAT THEY ARE FOLLOWING EXISTING LAWS AS THEY

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ARE NOW WRITTEN.

SO I WILL BE VOTING IN SUPPORT OF THIS PIECE OF

LEGISLATION, BUT I DO THINK IT NEEDS SOME ADDITIONAL WORK.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MS. KELLES.

MS. KELLES: I -- I RISE TO EXPLAIN MY VOTE. I THINK

THAT THE MOST IMPORTANT THING THAT WE SHOULD BE LOOKING AT IS WHETHER

OR NOT THIS WILL REDUCE DEATHS. THERE ARE TWO STATES THAT HAVE DONE

THIS, ORIGINALLY DONE THIS THAT ALSO HAD COMPREHENSIVE STUDIES - THAT

WAS DELAWARE AND IDAHO - AND IN BOTH CASES THERE WERE SIGNIFICANT

REDUCTIONS IN DEATHS. THAT'S ALL WE SHOULD BE TALKING ABOUT HERE,

KEEPING PEOPLE ALIVE. SO IF THE -- IF THE LAW WORKS, SUPPORT IT. AS

SOMEONE WHO HAS SPENT MANY DECADES OF MY LIFE USING MY BIKE AS MY

ONLY FORM OF TRANSPORTATION, AND HAVING BEEN HIT SEVERAL TIMES BY UN --

IRRESPONSIBLE DRIVERS, I AM VERY SENSITIVE TO THIS ISSUE. WHAT SAVED MY

LIFE IS THAT THEY WERE DRIVING SLOWLY. BUT BEING ABLE TO STOP AND START

ON A -- ON A TIME FRAME THAT I KNOW IS SAFE FOR MYSELF, BECAUSE IT TAKES

A WHILE TO START A BIKE BACK UP. AND IF ANYBODY HERE TELLS ME THAT THEY

HAVE NOT HAD A MOMENT IN THEIR LIVES THAT THEY WERE FRUSTRATED AS A

DRIVER AND HAD A BIT OF ROAD RAGE, I WILL NOT BELIEVE YOU. AND THAT IS

WHAT HAPPENS VERY OFTEN WHEN BIKES GET HIT BECAUSE IT TAKES THEM

LONGER TO GET STARTED AGAIN AND CARS GET VERY, VERY INPATIENT. THAT CAN

BE VERY NERVE-WRACKING AND THAT VERY OFTEN IS WHAT CAUSES ACCIDENTS.

THAT IS WHAT THIS BILL IS ADDRESSING. IT GIVES US BIKERS DISCRETION TO

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READ THE ROOM, SEE WHAT THE DRIVERS ARE DOING AND TO NAVIGATE AROUND

DRIVERS BECAUSE MOST DRIVERS HAVE NO IDEA WHAT IT'S LIKE TO BE A BIKER.

SO WE HAVE TO KEEP OURSELVES SAFE BECAUSE WE DO NOT HAVE A METAL

BOX AROUND US KEEPING US SAFE.

SO I AM IN SUPPORT OF THIS, I WANT TO THANK THE

SPONSOR. I THINK THIS IS AN EXTREMELY INTELLIGENT PIECE OF LEGISLATION.

THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: MS. KELLES IN THE

AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I WANT TO

COMMEND THE SPONSOR FOR THIS BILL. IT IS ABOUT SAFETY, BICYCLISTS, AND IT

GIVES THEM AN EDGE TO MAKE SURE THEY ARE EASILY IDENTIFIABLE SO THAT WE

DON'T HAVE PROBLEMS WITH MOTOR VEHICLES SAYING, OH, I DIDN'T SEE THEM.

AND I LIVE IN THE CITY AND I LIVE IN AN AREA WHERE WE HAVE MORE BIKE

LANES THAN ANY PLACE ELSE, PROBABLY, AND WE ALSO HAVE NARROW ROADS IN

MANY CASES WHERE IT'S HARD TO SHARE THAT ROAD. SO THERE ARE A LOT OF

PEOPLE THAT NEED TO LEARN MORE ABOUT HOW TO SHARE THE ROAD; BICYCLISTS

ARE NOT THE ONLY ONES. AND PEOPLE HAVE ALSO TALKED ABOUT E-BIKES,

WHICH IS A WHOLE DIFFERENT MATTER, I HAVE A BILL FOR THAT. ACTUALLY, I

HAVE TWO BILLS FOR THAT AND I LOOK FORWARD TO EVERYBODY VOTING FOR MY

BILLS TO ADDRESS THAT ISSUE NEXT YEAR.

THANK YOU VERY MUCH. I'LL BE VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

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NYS ASSEMBLY JUNE 7, 2023

AFFIRMATIVE.

MR. ANGELINO.

MR. ANGELINO: MR. SPEAKER, TO EXPLAIN MY VOTE.

THERE'S PROBABLY A REASON IT'S CALLED AN IDAHO STOP BECAUSE THERE'S JUST

BARELY A MILLION PEOPLE IN THE ENTIRE STATE. THEIR BIGGEST CITY, BOISE,

HAS ABOUT A POPULATION OF 200,000. I WOULD PROBABLY VOTE IN FAVOR OF

THIS, BUT THE LIABILITY CONCERN OVER WHO'S GOING TO BE AT FAULT BECAUSE A

BICYCLE ENTERING AN INTERSECTION DOESN'T HAVE INSURANCE. EVEN IF THERE

IS NO PERSONAL INJURY THERE COULD BE DAMAGE.

FOR THOSE REASONS I'LL BE VOTING NO.

ACTING SPEAKER AUBRY: MR. ANGELINO IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, AND THANK YOU, COLLEAGUES. WE HAVE TWO MORE PIECES OF

LEGISLATION WE SHOULD GO BACK AND CLEAR UP FOR TONIGHT, AND THEN WE

WILL MOVE ON TO PAGE 3 ON OUR MAIN CALENDAR TO TAKE UP RESOLUTIONS.

SO WE'RE GOING TO GO BACK TO CALENDAR NO. 206 BY MR. MCGOWAN AND

RULES REPORT NO. 369 BY MR. BRABENEC.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

PAGE 33, CALENDAR NO. 206, THE CLERK WILL READ.

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NYS ASSEMBLY JUNE 7, 2023

THE CLERK: ASSEMBLY NO. A04793, CALENDAR 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."

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 13, RULES REPORT NO. 369, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05869-A, RULES

REPORT NO. 369, BRABENEC. AN ACT TO AMEND THE PUBLIC OFFICERS LAW

AND THE VILLAGE LAW, IN RELATION TO RESIDENCY REQUIREMENTS FOR THE

VILLAGE CLERK/TREASURER AND DEPUTY VILLAGE CLERK/TREASURER FOR THE

VILLAGE OF OTISVILLE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BRABENEC, 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.

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NYS ASSEMBLY JUNE 7, 2023

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

RESOLUTIONS ON PAGE 3, ASSEMBLY RESOLUTION NO.

658, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 658, MS.

LUNSFORD.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 26, 2023 AS HEAT 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 RESOLUTION NO. 659, MR.

RA.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JUNE 7, 2023 AS GLOBAL RUNNING DAY IN THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. RA ON THE

RESOLUTION.

MR. RA: THANK YOU, MR. SPEAKER. MOVING ON FROM

CYCLING TO RUNNING, THIS RESOLUTION, AS MANY OF MY COLLEAGUES MIGHT

KNOW, WAS BROUGHT FORWARD BY OUR FORMER COLLEAGUE MR. CUSICK FOR

YEARS, AND HE ORGANIZED A RUN OUTSIDE THE CAPITOL. WE CONTINUED WITH

THAT TRADITION EARLY THIS MORNING WITH -- WITH A BIPARTISAN, BIPART --

BICAMERAL GROUP OF LEGISLATORS WHO WENT FOR A -- A NICE LITTLE ABOUT

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MILE-AND-A-HALF JOG. BUT IT'S -- IT'S BEEN A GREAT THING THAT OUR FORMER

COLLEAGUE STARTED JUST FOR COMRADERY AND BONDING AND -- AND GETTING

OUT AND GETTING A LITTLE EXERCISE. I'VE, MYSELF, BECOME AN AVID RUNNER

THE LAST COUPLE OF YEARS, DESPITE GROWING UP ABSOLUTELY DESPISING

RUNNING, BUT IT'S A GREAT WAY TO GET OUT AND GET SOME EXERCISE AND --

AND WANDER AROUND YOUR COMMUNITY A LITTLE BIT.

SO I THANK MY COLLEAGUES FOR THEIR SUPPORT, AND

ESPECIALLY THOSE WHO JOINED US ON OUR RUN THIS MORNING. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 660 --

(PAUSE)

ASSEMBLY RESOLUTION NO. 660, MR. ZEBROWSKI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JUNE 2023 AS MIGRAINE AND HEADACHE

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 RESOLUTION NO. 661, MR.

JONES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JULY 2023 AS LAKE APPRECIATION MONTH IN

THE STATE OF NEW YORK.

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 662, MS.

JEAN-PIERRE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM AUGUST 7, 2023 AS PURPLE HEART 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 RESOLUTION NO. 663, MS.

JOYNER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM AUGUST 11, 2023 AS HIP HOP DAY IN THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION,

MS. JOYNER.

MS. JOYNER: THANK YOU, MR. SPEAKER. I RISE

TONIGHT IN SUPPORT OF THIS RESOLUTION TO UNEQUIVOCALLY STATE THAT FACTS

ARE FACTS. IF IT WASN'T FOR THE BRONX, THIS RAP AND HIP HOP--

(BOOS/JEERS)

ACTING SPEAKER AUBRY: NO, NO!

MS. JOYNER: -- STUFF WOULD NOT BE GOING ON.

PEOPLE WILL ASK, WHERE ARE YOU FROM, I'M FROM UPTOWN. I'LL LEAVE THE

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LYRICAL DELIVERY OF THE BEST GENRY -- GENRE OF MUSIC TO THE PROFESSIONALS,

BUT I HAD THE PRIVILEGE OF REPRESENTING THE BIRTHPLACE OF HIP HOP IN THE

BOOGIE DOWN BRONX, AND SOME WOULD SAY I'M DOING IT AND DOING IT

WELL.

(LAUGHTER)

HIP HOP WAS BORN ON AUGUST 11, 1973, BIRTHED BY DJ

KOOL HERC AT 1520 SEDGWICK AVENUE IN MY DISTRICT AT A BASEMENT

PARTY. THIS YEAR WE WILL BE CELEBRATING HIP HOP'S 50 -- 50TH YEAR

AROUND THE SUN. THIS POWERFUL MUSICAL GENRE HAS TOUCHED MILLIONS OF

LISTENERS AND TRANSFORMED THE WORLD VIEW OF MEDIA, FILM, FASHION,

SPORTS AND NOW POLITICS. IT'S A CULTURAL PHENOMENON THAT HAS SPREAD

ACROSS THE WORLD. AND ALBANY, I AM PROUD TO KNOW THAT HIP HOP IS

TAKING ITS RIGHTFUL PLACE IN HISTORY AND THAT WE CONTINUE TO FUND AND

SUPPORT THE HIP HOP MUSEUM, WHICH IS ALSO IN MY DISTRICT. THIS WILL

BE A GLOBAL DESTINATION THAT FUTURE GENERATIONS WILL GET TO EXPERIENCE

AND LOVE.

SO THIS RESOLUTION PROCLAIMS AUGUST 11TH AS HIP HOP

DAY IN THE STATE OF NEW YORK. I PROUDLY VOTE IN SUPPORT OF THIS

RESOLUTION AND ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BURGOS ON THE RESOLUTION.

MR. BURGOS: THANK YOU, MR. SPEAKER. TODAY IN

THIS CHAMBER WE COMMEMORATE THE 50TH ANNIVERSARY OF HIP HOP AND

ITS IMPACT ON OUR CITY AND STATE AND EVEN THE WORLD. FIFTY YEARS AGO AT

1520 SEDGWICK AVENUE IN THE BRONX A NEW ART FORM WAS BORN THAT

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NYS ASSEMBLY JUNE 7, 2023

WOULD CHANGE THE WORLD FOREVER. HIP HOP EMERGED IN THE MOMENT DJ

KOOL HERC MAKES A RECORD AT ONE OF HIS FAMOUS HOOKIE PARTIES TO

BECOME ONE OF THE WORLD'S MOST POPULAR MUSIC GENRES WHERE TODAY'S

ARTISTS CAN SELL OUT SPORTING ARENAS WITHOUT EVER PUTTING ON A UNIFORM.

BUT HIP HOP WAS AND IS SO MUCH MORE THAN RHYMES, RHYTHMS AND BEATS.

IT HAS GIVEN A VOICE TO THE VOICELESS WHO HAVE BEEN MARGINALIZED AND

OPPRESSED IN OUR CITY, A WAY FOR PEOPLE TO EXPRESS THEMSELVES AND TELL

THEIR STORIES THROUGH MUSIC, DANCE AND ART, STORIES OF STRUGGLE, POVERTY,

FAVORS OF GOVERNMENT THAT MAY NEVER BE SHARED WITH THE MASSES

WITHOUT ITS GLOBAL APPEAL. HERE IN NEW YORK, HIP HOP HAS BEEN A

CULTURE MOVEMENT THAT HAS SHAPED THE CITY IN COUNTLESS WAYS, FROM

GRAFFITI TO THE BREAKDANCE BATTLES TO FASHION, NEW YORK'S HIP HOP

CULTURE HAS BEEN EXPORTED THROUGHOUT THE GLOBE, INSPIRED EVERYTHING

FROM POLICY TO BILLION-DOLLAR CORPORATIONS. HIP HOP HAS EVEN INSPIRED

A YOUNG PUERTO RICAN LAWMAKER. THERE'S NO QUESTION MY IDENTITY HAS

BEEN SHAPED SINCE THE FIRST TIME I SAW P. DIDDY WEARING ALL WHITE

VELOUR SWEATS ON THE RED CARPET. OR IN 2006 WHEN I HEARD LIL WAYNE

SPIT THE LEGENDARY VERSE ON CANNON. ANYONE WHO KNOWS ME KNOWS A

GOOD PORTION OF MY BRAIN IS FILLED WITH LYRICS. LYRICS THAT HAVE GIVEN

ME CONFIDENCE, CONSOLED ME DURING TOUGH TIMES AND OPENED MY EYES

TO SOME STRUGGLES I'M BLESSED TO HAVE NEVER EXPERIENCED. FIFTY YEARS

LATER, THE GENRE HAS EXPANDED AND EVOLVED. THERE ARE PURISTS LIKE MY

PREDECESSOR, RUBEN DIAZ, JR., WHO BELIEVED THE GOLDEN ARROW WAS

OG'S, GRANDMASTER FLASH & THE FURIOUS FIVE, RAKIM, THA GOD,

KRS-ONE, TO NAME A FEW. THEN YOU HAVE MY GENERATION WHO RESPECT

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NYS ASSEMBLY JUNE 7, 2023

THE PIONEERS, BUT GREW UP ON JAY-Z, BIGGIE, LIL WAYNE AND CONTINUE TO

FALL IN LOVE WITH HIP HOP AS THE ARTISTS OF TODAY, BUT THAT BROUGHT THEIR

OWN STYLES AND THEIR OWN CITY'S CULTURE TO MUSIC. BUT AS WE STAND IN

THE PEOPLE'S HOUSE TODAY, LET'S TRULY RECOGNIZE THIS MOMENT WHERE 50

YEARS AGO, HIP HOP WAS AT THE FRINGES OF SOCIETY, BELIEVED TO BE THE

CAUSE OF SOCIETAL ILLS AND UNFIT FOR MAINSTREAM'S BASIS, MUCH LESS THE

HALLS OF GOVERNMENT. IT IS NOT WITHOUT OUR OWN POLITICAL PIONEERS LIKE

RUBEN DIAZ, JR., LIKE HAKEEM JEFFRIES, WHO ONCE STOOD IN THIS VERY

CHAMBER AND BROUGHT THEIR AUTHENTIC SELVES, UNDOUBTEDLY INFLUENCED

BY THE CULTURE OF HIP HOP THAT WE HAVE THIS CROSSOVER OF HIP HOP AND

POLITICS, PROVING TO THEIR CONSTITUENTS, TO LAWMAKERS ACROSS THE STATE,

AND MOST IMPORTANTLY, YOUNG BOYS AND GIRLS FROM NEIGHBORHOODS LIKE

THE SOUTH BRONX, YOU DON'T HAVE TO CHANGE WHO YOU ARE TO BE IN THESE

SPACES. YOU DON'T HAVE TO DRESS A CERTAIN WAY OR LISTEN TO ONE KIND OF

MUSIC TO BE INFLUENTIAL OR CHANGE YOUR COMMUNITY OR TO SHARE YOUR

STORIES, BECAUSE THAT'S THE TRUE ESSENCE OF HIP HOP.

AS WE CELEBRATE THE 50TH ANNIVERSARY, LET US

REMEMBER THE IMPACT THAT IT'S HAD ON OUR CITY AND ITS PEOPLE THAT'S

HONORED WITH COUNTLESS ARTISTS WHO HAVE CONTRIBUTED TO ITS GROWTH AND

EVOLUTION OVER THE YEARS, AND LET'S CONTINUE TO SUPPORT, UPLIFT HIP HOP

CULTURE SO THAT IT MAY CONTINUE TO INSPIRE AND EMPOWER GENERATIONS TO

COME. THANK YOU TO THE SPONSOR OF THIS RESOLUTION AND THANK YOU TO

MY COLLEAGUES FOR YOUR CONTINUED LOVE AND SUPPORT OF HIP HOP AND

NEW YORK. HERE'S TO ANOTHER 50 YEARS OF CREATIVITY, INNOVATION AND

(INAUDIBLE). LONG LIVE HIP HOP, LONG LIVE NEW YORK.

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. HYNDMAN ON THE RESOLUTION.

MS. HYNDMAN: YOU KNOW, A QUEEN HAD TO

REPRESENT QUEENS.

(LAUGHTER)

SO I WANT TO THANK THE SPONSOR OF THIS RESOLUTION.

AND I REMEMBER WHEN I FELL IN LOVE WITH HIP HOP. IT WAS -- I WAS A

SEVENTH GRADER IN HOLLIS, QUEENS AND I LEARNED ALL THE WORDS TO SUCKER

M.C.'S BY RUN DMC, WHO IS ALSO FROM HOLLIS, QUEENS. THERE ARE SO

MANY ARTISTS FROM QUEENS THAT ARE RESPONSIBLE FOR THE LONGEVITY OF HIP

HOP. AND WHILE I CAN'T NAME THEM ALL, I WILL HIGHLIGHT A FEW. I'M LIKE

SKID, I LIVE IN QUEENS AND I LOVE EATING CHICKEN AND COLLARD GREENS. I

DRESS TO KILL, I LOVE THE STYLE, I'M AN MC YOU KNOW WHO'S VERSATILE.

THAT WAS DMC FROM RUN DMC. TOO, LOVE TO HEAR THE STORY AGAIN

AND AGAIN OF HOW IT ALL GOT STARTED WAY BACK WHEN. THAT WAS MC

SHAN WHO BATTLED A RAPPER BACK FROM THE BRONX. AND THAT BATTLE IS

LEGENDARY. TOO, LOVE A GIRL WITH EXTENSIONS IN HER HAIR, BAMBOO

EARRINGS, AT LEAST TWO PAIR. A FENDI BAG AND A BAD ATTITUDE, THAT'S ALL

YOU NEED TO GET -- TO GET HIM IN THE MOOD. ANYWAY, THAT WAS LADIES

LOVE COOL JAMES, ALSO KNOWN AS LL COOL J. BACK IN THE DAYS IN THE

BOULEVARD OF LINDEN, I USED TO KICK ROUTINES AND THE PRESENCE WAS

FITTIN', TRIBE CALLED QUEST, ALSO FROM QUEENS. REST IN PEACE PHIFE

DAWG. TOO, THE LEX COUPS, BIMAS AND THE BENZ, AND ALL MY LADIES

AND THE MENS. I'M REPRESENTIN', PUTTING QUEENS ON THE MAP. THAT WAS

MR. CHEEKS FROM THE LOST BOYZ. TOO, YOU'RE SHOOK ONE, REMEMBER,

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MOBB DEEP, QUEENSBRIDGE. RIP, PRODIGY. TOO -- LET ME GET THIS RIGHT

-- YOUNG MONEY RAISED ME, GREW UP OUT IN BAISLEY, SOUTHSIDE JAMAICA,

QUEENS, AND IT'S CRAZY 'CAUSE I'M STILL HOOD, HOLLYWOOD COULDN'T

CHANGE ME. NICKI MINAJ, ALSO FROM QUEENS. AND LASTLY, WHO DOESN'T

KNOW THIS SONG, AND IT'S PART OF THE REPERTOIRE IF YOU SING HAPPY

BIRTHDAY, CITY, STATE, COUNTRY IN THE WORLD, GO SHAWTY, IT'S YOUR

BIRTHDAY, 50 CENT, ALSO FROM QUEENS. NOW I COULD GO ON AND ON AND

ON ALL THE RAPPERS THAT COME FROM QUEENS, AND I'LL MENTION A FEW.

CORMEGA, KOOL G RAP, ROXANNE SHANTÉ, JA RULE, CAPONE-N-NOREAGA,

SALT-N-PEPA, G-UNIT, LLOYD BANKS, THE BEATNUTS. AND I'M GONNA

MENTION RALPH MCDANIELS, 'CAUSE EVERYONE WATCHED VIDEO -- VIDEO

MUSIC BOX IN THE 80'S AND THAT'S WHERE A LOT OF US GOT OUR MUSIC FROM.

NOW, THERE ARE MANY MORE THAT I CAN NAME FROM QUEENS, BUT I KNOW

THAT HIP HOP HAS TRANSFORMED THE CITY, STATE AND THIS COUNTRY AND THE

WORLD. YOU CAN LOOK AT RAPPERS WHO GO TO EUROPE AND -- AND PARTS OF

ASIA AND LOOK AT THE AUDIENCE AND HOW ENTHRALLED THEY ARE AND KNOW

ALL THE LYRICS TO ALL OF THESE SONGS.

SO I THANK THE SPONSOR FOR THIS RESOLUTION TODAY, AND

TO 50 MORE YEARS OF HIP HOP. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

(APPLAUSE)

MR. ANDERSON.

MR. ANDERSON: THANK YOU, MR. SPEAKER. OF

COURSE YOU KNOW "QUEENS GETS THE MONEY", SO I HAVE TO JUST MAKE

SURE THAT WE REESTABLISH THAT HERE AS OUR BRONX COLLEAGUES TRY TO TAKE

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THE MONEY. BUT IN ANY CASE, MY COLLEAGUE NAMED ALL OF THE ARTISTS THAT

I WAS GOING TO NAME, SO I'LL JUST TAKE ONE FROM MY NEIGHBORHOOD, THE

LATE STACK BUNDLES, WHO UNFORTUNATELY SUCCUMBED TO HIS INJURIES DUE

TO SENSELESS GUN VIOLENCE IN REDFERN HOUSES ACROSS -- DOWN THE STREET

FROM WHERE I LIVE. AND EARLIER TODAY I HAD THE FAMILY OF THE LATE STACK

BUNDLES, AKA, RAQUON ELLIOTT, HERE IN THE CHAMBERS TODAY AS WE PLAN

TO CO-NAME A STREET AFTER HIM IN THE ROCKAWAYS THIS WEEKEND. STACK

BUNDLES WAS A MIXTAPE RAPPER, AND WE GOT TO REMEMBER, MIXTAPES

BECAUSE THAT WAS HOW RAP BEGAN IN MANY INSTANCES, AND WE CAN ARGUE

ABOUT THAT. BUT IT'S SO IMPORTANT THAT WE UNDERSTAND THAT FOLKS AND

INDIVIDUALS WHO CONTRIBUTE TO HIP HOP AND THE HISTORY OF HIP HOP ARE

HONORED AND ACKNOWLEDGED, AND THIS WAS A YOUNG MAN WHO

UNFORTUNATELY HAD HIS CAREER CUT SHORT BUT WAS CONTRIBUTING FAITHFULLY

TO HIP HOP AND WAS SOMEONE WHO ALSO PUT THE ROCKAWAYS ON THE MAP

AS IT RELATES TO MUSIC MIXTAPES FOR THAT PARTICULAR ERA.

SO WE COMMEND ALL THOSE WHO CONTINUE TO UPLIFT HIP

HOP, WHICHEVER GENRE, WHICHEVER ERA, AND I'M JUST REMINDING MY

COLLEAGUES THAT QUEENS GETS THE MONEY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. JACKSON ON THE RESOLUTION.

MS. JACKSON: CAN I KICK IT?

VOICE: YES, YOU CAN.

MS. JACKSON: THAT'S THE ONLY WAY TO ANSWER THAT.

MR. SPEAKER, I USED TO PRAY FOR TIMES LIKE THIS TO RHYME LIKE THIS AND

NOW IS OUR TIME. I WANT TO GIVE LOVE TO THE WOMEN OF HIP HOP. SEE,

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MR. SPEAKER, I GREW UP ON QUEEN LATIFAH SAYING, U-N-I-T-Y, UNIFYING

WOMEN AROUND SELF-RESPECT. AND I LATER HAD LIL' KIM IN 1996 WHEN I

WAS 13 YEARS OLD, ASKING, YOU WANT TO BUMBLE WITH THE BEE, HUH,

LETTING THE WORLD KNOW SHE'S A QUEEN AND SHE AIN'T TO BE PLAYED WITH.

LISTEN, I CAN RAP EVERY WORD ON HARD CORE AND TRUST ME, IT EARNED THAT

PARENTAL ADVISORY STICKER. KIM MADE WAY FOR MANY OTHER FEMALE

RAPPERS. A QUEENS GIRL ON THE TRACK WHERE SHE WAS THE ONLY WOMAN,

SHE SAID, YOU COULD BE THE KING, BUT WATCH THE QUEEN CONQUER,

REMINDING MEN THAT, YEAH, THIS IS A MALE-DOMINATED SPACE BUT YOU'RE

GOING TO RESPECT ME AND WHAT I HAVE TO SAY. BUT LET ME BRING IT BACK TO

THE BRONX WHERE IT STARTED, AND THE BRONX GAVE US (INAUDIBLE), RIGHT?

YOU CAN'T MESS WITH ME IF YOU WANTED TO, RIGHT? THESE ARE RED

BOTTOMS, RIGHT? YOU KNOW THAT. WE TALK ABOUT -- EXACTLY, EXACTLY

SPONSOR, IT'S THE BLOODY SHOES. WE -- MOST OF US CAME FROM NOTHING

AND NOW WE CAN AFFORD THE FINER THINGS IN LIFE, BUT LAURYN HILL

ARGUABLY IS THE BEST FEMALE RAPPER, REMINDED US, HOW YOU GON' WIN IF

YOU AIN'T RIGHT WITHIN. I KNOW Y'ALL REMEMBER, IT COULD ALL BE SO

SIMPLE. Y'ALL REMEMBER THAT, "EX-FACTOR". BUT THE GREATEST TO EVER DO

IT HAILS FROM ALL THE WAY FROM B.K., AND HE TOLD US, I LET MY TAPE ROCK

'TIL MY TAPE POPPED, AND THAT'S HOW MUCH WE LOVED THIS RAW, RAUNCHY,

REVOLUTIONARY MUSIC. HE ALSO SAID, IT'S GON' BE A LOT OF SLOW SINGING

AND FLOWER BRINGING IF MY BURGLAR ALARM STARTS RINGING. COME ON,

NOW. HIP HOP IS THE SOUNDTRACK TO MY LIFE. IT GOT ME THROUGH THE

ROUGHEST TIMES, HAVE PUMPED ME UP WHEN I NEEDED MOTIVATION AND

HAS CENTERED ME WHEN I NEEDED PEACE AND CALM. HIP HOP STARTED IN

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THE BRONX AND IT'S GLOBAL. YOU CAN ENTER ANY NEIGHBORHOOD ACROSS THE

WORLD AND SEE GRAFFITI AND HEAR PEOPLE RAPPING IN THEIR NATIVE TONGUE

OR QUOTING THE GREATS LIKE PAC. AND IT BEGAN WITH TWO TURNTABLES AND A

MIC.

MR. SPEAKER, I'M GOING TO END BY SAYING WHO'S THE

BEST MCS? BIGGIE, JAY-Z AND NAS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GIBBS ON THE RESOLUTION.

MR. GIBBS: THANK YOU, MR. SPEAKER. SIMPLY, I RISE

BECAUSE YOU'LL KNOW THE LYRICS. HARLEM IS ON THE RISE, YOU DON'T WANT

NO PROBLEMS WITH THESE GUYS. YOU KNOW, SO HIP HOP REALLY STARTED IN

THE BRONX BUT IT REALLY WAS CULTIVATED IN HARLEM. IN MANHATTAN WE

HAVE ALL THE DYNAMIC RAPPERS. I'VE HAD THE WONDERFUL OPPORTUNITY TO,

YOU KNOW, TRAVEL WITH DJ KOOL HERC, BUT MY REAL SIDEKICK WAS THE

LEGENDARY KOOL DJ RED ALERT. AND IF YOU KNOW, DJ RED ALERT IS FROM

HARLEM, AND MOST OF YOU YOUNG CATS, YOU HEARD THESE SONGS ON THE

RADIO AND YOU HEARD THESE LYRICS ON THE RADIO AND IT WAS ALL DUE TO A

GOOD FRIEND OF MINE, KOOL DJ RED ALERT. AND I JUST WANTED TO

RECOGNIZE HIM FOR A SECOND IF I MIGHT -- IF I MAY, MR. SPEAKER. KOOL --

KOOL DJ RED ALERT IS A PIONEERING HIP HOP DJ WHO WAS HEAVILY

RESPONSIBLE FOR THE EMERGENCE OF RAP MUSIC ON THE RADIO AIRWAVES

DURING THE EARLY 80'S. HE'S A BEACON OF EXCELLENCE AMONG DJS

WORLDWIDE, AND AS A RADIO PERSONALITY WHO ROSE TO FAME ON HIS

LEGENDARY MIXSHOW, MIXSHOW, RED ALERT GOES BERSERK ON NEW YORK

KISS 98.7 FM WHICH FIRST AIRED IN 1983. RED IS OF WEST ANTIGUA AND IS

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CREDITED AS THE FIRST DJ TO SPIN DANCE HALL MUSIC ON HIS FM RADIO.

BORN AS FREDERICK CRUTE IN HARLEM IN 1956, RED HAS BEEN A MEMBER

OF THE UNIVERSAL ZULU NATION FOR ALMOST 40 YEARS. AND FOR ALL OUR HIP

HOP FANS, YOU KNOW THE ROLE ZULU NATION HAS PLAYED IN HIP HOP. HE

WAS IN ZULU NATION FOR ALMOST 40 YEARS, FROM THE TIME OF ORGANIZATION

INCEPTIONS IN 1973. RED ALERT RECEIVED HIS NICKNAME FROM A METAPHOR

FOR HIS ALERTNESS WHILE PLAYING DEFENSE DURING HIS DAYS AS A FORMER

HIGH SCHOOL BASKETBALL STAR IN THE MID-70'S. AFTER HE RECEIVED A

SCHOLARSHIP TO PLAY BASKETBALL AT HAMPTON UNIVERSITY, HE DROPPED OUT

AFTER HIS FRESHMAN YEAR TO RETURN TO HIS ROOTS, TO HIS NATIVE NEW YORK

CITY, TO PURSUE HIS CALLING AS A DJ IN 1976. SINCE THEN, RED ALERT HAS

BROKEN SEVERAL LEGENDARY HIP HOP ACTS INCLUDING KRS-ONE FROM THE

BRONX -- EXCUSE ME, KRS-ONE, NATIVE TONGUE [SIC], CREW

(INAUDIBLE), JUNGLE BROTHERS, DE LA SOUL, A TRIBE CALLED QUEST,

QUEEN LATIFAH, BLACK SHEEP, MONIE LOVE AND OTHERS ON HIS RADIO

SHOW. RED ALERT'S MANAGEMENT COMPANY, RED ALERT PRODUCTION, ONCE

REPRESENTED SEVERAL OF THE NATIVE TONGUE [SIC] ACTS. HE WAS ALSO

WIDELY RESPONSIBLE FOR HELP BURGEONING THE CAREER OF THE LATE RAP

LEGENDARY (INAUDIBLE) CHRIS LIGHTY, WHO WAS OVER 50 CENTS [SIC] AND

OTHERS, WHO WAS A FORMER ROAD MANAGER FOR THE COMPANY BEFORE

LAUNCHING HIS OWN SUCCESSFUL IMPRINT, VIOLATOR MANAGEMENT.

SO LADIES AND GENTLEMEN, I'M HAPPY AND PROUD TO

STAND HERE TO BRAG ABOUT MY DEAR FRIEND, THE LEGENDARY KOOL DJ RED

ALERT, WHO GAVE THIS GENRE OF THIS MUSIC AN OPPORTUNITY FOR YOU FOLKS

TO HEAR IT THROUGHOUT THE CITY AND THE STATE OF NEW YORK. HERE'S TO

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THE LEGENDARY KOOL DJ RED ALERT. THANK YOU, MR. SPEAKER.

(MUSIC PLAYING)

ACTING SPEAKER AUBRY: MR. MEEKS TO CLOSE IT

OUT.

MR. MEEKS: (MIC OFF) OUT OF THIS CONVERSATION,

HUH?

(LAUGHTER)

OH YEAH, OH YEAH, OH YEAH. REPRESENTING THE 137TH,

ROCHESTER, NEW YORK, LET'S FIRST START BY TALKING ABOUT THE FIVE

ELEMENTS OF HIP HOP, START WITH DEEJAYING, EMCEEING, BREAKDANCING,

BEATBOXING, AND GRAFFITI. WITH THAT BEING SAID, HOME OF 103.9 WDKX.

WE ARE THE HIP HOP ARTIST'S FIRST -- FIRST TIME EVERY FLYING ON AN AIRPLANE

WAS GOING FROM NEW YORK CITY TO ROCHESTER, NEW YORK TO PERFORM.

DEAN KNIGHT, THAT'S PART OF HIS BACKSTORY. WE ALSO HAD INDIVIDUALS

SUCH AS SCOTT LA ROCK, AS WELL AS THE TEACHER, KRS-ONE HIMSELF, WHO

SPENT PLENTY OF TIME IN ROCHESTER BY THE ONLY BLACK-OWNED RADIO

STATION IN ALL OF NEW YORK STATE, WDKX, IN WHICH THE D STANDS FOR

DOUGLASS, THE X -- EXCUSE ME, WDKX, THE K STANDS FOR KING, AS IN

DR. MARTIN LUTHER KING, JR., AND THE X STANDS FOR MALCOLM X. AGAIN,

WDKX WAS MY INTRODUCE -- INTRODUCTION TO HIP HOP, AND ONCE AGAIN,

50 YEARS AND LONG LIVE HIP HOP 50 MORE YEARS.

THANK YOU.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING YO.

(LAUGHTER)

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NYS ASSEMBLY JUNE 7, 2023

MEMBERS: YO.

ACTING SPEAKER AUBRY: THE RESOLUTION IS

ADOPTED.

(APPLAUSE)

THE CLERK: ASSEMBLY --

ACTING SPEAKER AUBRY: (INAUDIBLE) GO.

THE CLERK: ASSEMBLY RESOLUTION NO. 664, MR.

DURSO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM SEPTEMBER 6 -- 10-16, 2023 AS TRUCK

DRIVER APPRECIATION 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 RESOLUTION NO. 665, MS.

REYES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM SEPTEMBER 2023 AS BLOOD CANCER

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

WILLING ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 666, MR.

SLATER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

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NYS ASSEMBLY JUNE 7, 2023

KATHY HOCHUL TO PROCLAIM OCTOBER 6-12, 2023 AS PHYSICIAN ASSISTANT

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 RESOLUTION NO. 667, MS.

SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY C. HOCHUL TO PROCLAIM OCTOBER 17, 2023 AS BLACK POETRY 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 RESOLUTION NO. 668, MR.

BRABENEC.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 2023 AS CZECH-AMERICAN HERITAGE

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SAY AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 669, MR.

DESTEFANO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM NOVEMBER 13-21, 2023 AS HUNGER AND

HOMELESSNESS AWARENESS WEEK IN THE STATE OF NEW YORK.

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NYS ASSEMBLY JUNE 7, 2023

ACTING SPEAKER AUBRY: MR. DESTEFANO ON THE

RESOLUTION.

HAPPY BIRTHDAY, SIR.

(APPLAUSE/CHEERS)

ALL THOSE IN FAVOR OF THE RESOLUTION SIGNIFY BY SAYING

AYE - HE'S 50 YEARS OLD TODAY, TOO - OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 670, MS.

ROSENTHAL.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM NOVEMBER 2023 AS PANCREATIC CANCER

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: MR. SPEAKER, WOULD YOU

PLEASE RECOGNIZE MR. GOODELL FOR THE PURPOSES OF AN ANNOUNCEMENT?

(PAUSE)

ACTING SPEAKER AUBRY: MR. NORRIS.

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

LIKE TO JUST MAKE AN ANNOUNCEMENT THAT TOMORROW MORNING AT 9:00

A.M. IN THE PARLOR THERE WILL BE A REPUBLICAN CONFERENCE.

ACTING SPEAKER AUBRY: REPUBLICAN

CONFERENCE TOMORROW MORNING AT 9:00 A.M.

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NYS ASSEMBLY JUNE 7, 2023

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: WOULD YOU NOW

RECOGNIZE MR. JACOBSON FOR THE PURPOSES OF AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. JACOBSON FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. JACOBSON: NO, WE'RE NOT MEETING TONIGHT.

(CHEERS)

WE'RE MEETING TOMORROW AT 9:30 A.M., HEARING ROOM

B. BUT BE THERE ON TIME BECAUSE THE SOONER YOU GET THERE, THE SOONER

WE GET DONE AND THEN WE GET MORE BILLS DONE AND WE MIGHT EVEN GET

YOUR BILL IN.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE IN THE MORNING, 9 -- 9:30.

MRS. PEOPLES-STOKES.

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

HAVE FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE A

RESOLUTION, NUMBER 674, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 674, MS.

GONZÁLEZ-ROJAS.

LEGISLATIVE RESOLUTION COMMEMORATING THE 1ST

ANNIVERSARY OF LATINA HISTORY DAY ON MAY 4, 2023.

ACTING SPEAKER AUBRY: MS. GONZÁLEZ-ROJAS

ON THE RESOLUTION.

MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.

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NYS ASSEMBLY JUNE 7, 2023

I'LL BE BRIEF. SYLVIA RIVERA, RITA MORENO, JULIO DE GORDOS, SUPREME

COURT JUSTICE SONIA SOTOMAYOR, U.S. REPRESENTATIVES NYDIA

VELÁZQUEZ AND ALEXANDRIA OCASIO-CORTEZ, ASSEMBLYMEMBER CARMEN

ARROYO, STATE SENATOR OLGA MENDEZ. THESE ARE JUST SOME OF THE

TRAILBLAZING LATINA NEW YORKERS WHO BROKE GLASS CEILINGS AS THE FIRST

IN THEIR CRAFT AND SHOOK UP SYSTEMS LIKE SO MANY OTHERS. A CENTRAL PART

OF MY IDENTITY IS BEING LATINA, AND I'M PARTICULARLY PROUD OF BEING

PUERTO RICAN -- OF PUERTO RICAN AND PARAGUAYAN DESCENT. LIKE OTHER

LATINAS IN THIS BODY, I STAND ON THE SHOULDERS OF MANY LATINA WOMEN

WHO HAVE COME BEFORE ME; MAMAS, TÍAS, ABUELAS. I ALSO KNOW THAT WE

WILL CONTINUE TO BREAK MORE CEILINGS AND BLAZE MORE TRAILS FOR THOSE

WHO COME AFTER US. WE ARE STUDENTS, WE ARE TEACHERS, WE ARE LABOR

LEADERS, WE ARE ENTREPRENEURS, WE ARE CEOS, JOURNALISTS, AND YES, WE

ARE ELECTED OFFICIALS.

SO WITH THAT I WANT TO SAY THAT IT IS MY HONOR TO SERVE

WITH EVERY LATINA IN THIS CHAMBER AND IN THE SENATE, EVER LATINA STAFF

MEMBER THAT SERVES IN THE ASSEMBLY, INCLUDING MANY IN OUR SENIOR

STAFF, CENTRAL STAFF HERE, AND THE INCREDIBLE LATINAS THAT WORK IN MY

OFFICE. SO FOR LATINA HISTORY DAY, LET'S HONOR LATINAS THAT HAVE COME

BEFORE US WHILE PAVING THE WAY FOR THOSE WHO WILL COME AFTER US.

(SPEAKING SPANISH). THANK YOU SO MUCH, AND I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

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NYS ASSEMBLY JUNE 7, 2023

ON BEHALF OF MR. AUBRY, BILL NO. 2878, ASSEMBLY BILL

RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE OF THE BILL.

THE CLERK: AN ACT TO AMEND THE CRIMINAL

PROCEDURE LAW.

ACTING SPEAKER AUBRY: MOTION TO RECONSIDER

THE VOTE BY WHICH THE BILL PASSED THE HOUSE.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

ONE FINAL GROUP OF RESOLUTIONS. ON THESE RESOLUTIONS,

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

ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 654,

671-673 AND 675-686 WERE UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES.

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

THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., THURSDAY, JUNE

THE 8TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 10:52 P.M., THE HOUSE STOOD

ADJOURNED UNTIL THURSDAY, JUNE 8TH AT 10:00 A.M., THAT BEING A SESSION

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NYS ASSEMBLY JUNE 7, 2023

DAY.)

316