MONDAY, JANUARY 23, 2023 4:06 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF FRIDAY, JANUARY 20TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
1
NYS ASSEMBLY JANUARY 23, 2023
THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF FRIDAY,
JANUARY THE 20TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR.
COLLEAGUES AND VISITORS THAT ARE IN THE CHAMBERS I WOULD LIKE TO OFFER
ANOTHER QUOTE OF THE DAY. THIS ONE COMES FROM BERNICE KING. SHE IS
THE DAUGHTER OF THE LATE GREAT REVEREND DR. MARTIN LUTHER KING. HER
WORDS FOR US TODAY. BEING TRUTHFUL ABOUT THE STATE OF OUR NATION AND
THE WORLD DOES NOT EQUAL LOSING HOPE. HOPE SEES TRUTH AND STILL
BELIEVES IN BETTER. THAT WHICH DISMISSES OR DOES NOT SEEK TRUTH BUT
GRINS SAYING "IT WILL BE OKAY," IS NAIVE. THAT'S NOT HOPE. AGAIN, MR.
SPEAKER, THESE ARE THE WORDS OF BERNICE KING, THE DAUGHTER OF THE LATE
MARTIN LUTHER KING.
COLLEAGUES HAVE ON THEIR DESK A MAIN CALENDAR.
THERE ARE THREE NEW BILLS ON IT, MR. SPEAKER, AND WE'RE GOING TO
CONTINUE TO CONSENT FROM OUR LAST WEEK CALENDAR BEGINNING WITH RULES
REPORT NO. 24. IT'S ON PAGE 5, AS WELL AS BEGINNING TO CONSENT NEW
BILLS ON PAGE 4. THAT'S A GENERAL OUTLINE OF WHERE WE'RE GOING,
COLLEAGUES. MR. SPEAKER, IF THERE ARE INTRODUCTIONS AND/OR
HOUSEKEEPING NOW WOULD BE AN APPROPRIATE TIME. THANK YOU, SIR.
ACTING SPEAKER AUBRY: WE DO HAVE
INTRODUCTIONS.
MS. ROZIC FOR THE PURPOSES OF AN INTRODUCTION.
2
NYS ASSEMBLY JANUARY 23, 2023
MS. ROZIC: THANK YOU, MR. SPEAKER, MADAM
MAJORITY LEADER. I HAVE THE PLEASURE TODAY OF INTRODUCING EVIE
HANTZOPOULOS WHO SERVES AS THE EXECUTIVE DIRECTOR OF THE QUEENS
BOTANICAL GARDEN IN THE HEART OF QUEENS IN FLUSHING. JOINING EVIE
TODAY IS OLIVIA COTHREN, THE DIRECTOR OF DEVELOPMENT. SINCE ITS
INCEPTION DURING THE 1939 WORLD'S FAIR, THE QUEENS BOTANICAL GARDEN
HAS BEEN AN ESSENTIAL PLACE FOR NEW YORKERS WHO WANT TO ENJOY
NATURAL BEAUTY IN THE CITY AND BUILD COMMUNITY. THE QUEENS
BOTANICAL GARDEN IS AN URBAN OASIS WHERE PEOPLE, PLANTS, AND CULTURES
ARE CELEBRATED THROUGH INSPIRING GARDENS, INNOVATED EDUCATIONAL
PROGRAMS AND REAL-WORLD APPLICATIONS OF ENVIRONMENTAL STEWARDSHIP.
EVIE IS AN AWARD-WINNING EDUCATOR NON-PROFIT LEADER
WITH EXTENSIVE EXPERIENCE IN ORGANIZATIONAL LEADERSHIP, STRATEGIC
PLANNING, FUNDRAISING, AND PROGRAM DEVELOPMENT. AS A QUEENS
RESIDENT SHE IS ACTIVELY INVOLVED IN COMMUNITY AFFAIRS AND SERVES ON
CB1 IN QUEENS. SHE CO-FOUNDED FRONTLINE FOODS QUEENS IN MARCH OF
2020 WHICH HAS PROVIDED OVER 60,000 MEALS FROM LOCAL RESTAURANTS TO
FRONTLINE HOSPITAL WORKERS, FOOD PANTRIES, AND NYCHA RESIDENTS
ACROSS QUEENS. SHE IS ALSO THE FOUNDING MEMBER OF ASTORIA MUTUAL
AID NETWORK, THE ASTORIA URBAN ECOLOGY ALLIANCE, AND THE 31ST
AVENUE OPEN STREET.
UNDER HER LEADERSHIP THE GARDEN CONTINUES TO FLOURISH
AND EVOLVE, CONSTRUCTION WILL SOON START ON A NEW EDUCATION CENTER
WHICH WILL HAVE FOUR CLASSROOMS, A TEACHING KITCHEN, AN EDUCATION
SOLARIUM, AND A GREEN ROOF, A SPACE FOR INDOOR AND OUTDOOR
3
NYS ASSEMBLY JANUARY 23, 2023
PROGRAMMING SCHEDULED TO OPEN IN LATE 2024, I HOPE YOU ALL COME AND
VISIT. YOU'RE ALL INVITED TO COME AND VISIT.
IT'S MY HONOR TODAY TO WELCOME EVIE AND OLIVIA TO
THE PEOPLE'S HOUSE AND ON BEHALF OF THE ENTIRE QUEENS DELEGATION I ASK
THAT YOU EXTEND THE CORDIALITIES OF THE FLOOR AND GIVE HER A HEARTY
WELCOME. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. ROZIC, THE SPEAKER, AND ALL THE MEMBERS, PARTICULARLY THOSE OF
US FROM QUEENS, WE WELCOME YOU HERE TO THE NEW YORK STATE
ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. AND I'VE BEEN
TOLD BY A LITTLE BIRD THAT TOMORROW WILL BE YOUR ONE YEAR ANNIVERSARY,
SO HAPPY THAT YOU CHOSE TO SPEND IT SO CLOSE TO HERE IN ALBANY. HOPE
YOU WILL BE SUCCESSFUL. THANK YOU SO VERY MUCH, WELCOME.
(APPLAUSE)
MR. CHANG FOR THE PURPOSES OF A INTRODUCTION.
MR. CHANG: GOOD AFTERNOON MR. SPEAKER, THANK
YOU VERY MUCH. LET ME REMIND YOU CHINESE NEW YEAR WAS YESTERDAY
AND WE HAD A TRAGEDY IN MONTEREY, CALIFORNIA. TEN PEOPLE PASSED
TRAGICALLY TWO DAYS AGO. I HAVE FRIENDS OVER THERE AND I CALLED THEM
AND FORTUNATELY THEY'RE NOT AFFECTED BY THAT BUT STILL WE HAVE TO BE
REMINDED VIOLENCE IS ALL OVER AROUND US. I HAVE THE PLEASURE AND THE
HONOR TO INTRODUCE FIVE PROMINENT CHINESE BUSINESS COMMUNITY
LEADERS REPRESENTED IN MY DISTRICT. AND THEY SPENT AWFUL LOT OF TIME
AND EFFORT TO PROMOTE THE WELFARE OF OUR COMMUNITY. I'D LIKE TO
INTRODUCE FIVE PEOPLE HERE, JOHN CHEN. HE HAS BEEN SERVING THE ASIAN
4
NYS ASSEMBLY JANUARY 23, 2023
COMMUNITY FOR YEARS, PRESIDENT OF ASIAN COMMUNITY EMPOWERMENT,
AMERICAN CHINESE BUSINESS ASSOCIATION AND AMERICAN CHINESE
CULINARY FEDERATION. HE'S BEEN DOING THIS BUSINESS FOR ABOUT OVER 30
YEARS SELFISHLY FOR OVER EVERY RESTAURANT IN MY DISTRICT. NEXT ONE IS
RAY HUANG. HE'S THE PRESIDENT OF AMERICAN NEW YORK CHINESE
ASSOCIATION. HE CAME FROM FUZHOU, CHINA. THAT AREA HAS BEEN
EXPANDING IN MY AREA FUZHOU FOR THE PAST 20 YEARS. HE'S BEEN
DEDICATED IN HIS COMMUNITY AND LIVED THERE FOR OVER 40 YEARS WHEN
THERE WAS NOT THAT MANY CHINESE COMMUNITY, NOW THERE IS. AND HE
ALSO SERVED AS A NEW YORK POLICE -- AUXILIARY POLICE. NEXT PERSON IS
HUABIN LIN, IS CURRENTLY PRESIDENT OF 72 STEEL GROUP. HE'S ACTIVELY
INVOLVED IN COMMUNITY SERVICE AND WON NUMEROUS AWARD AND SERVED
AS A CONSULTANT FOR THE AMERICAN BUSINESS -- CHINESE BUSINESS --
CONSULTANT FOR HONG KONG GENERAL CHAMBER OF COMMERCE OF THE
UNITED STATES AND THE VICE-PRESIDENT OF FUQING TOWNSMEN
ASSOCIATION. NEXT PERSON IS LI ZHU. HE BORN IN A VERY POOR AREA,
RURAL AREA IN CHINA. AND HE CAME TO THIS COUNTRY AND HE STARTED REAL
ESTATE BUSINESS AND VOLUNTEERED IN HIS COMMUNITY SERVICE SINCE 2003.
NOT MUCH EDUCATION BUT HE STARTED AND EXPANDED THE REAL ESTATE IN OUR
COMMUNITY. HE HELPED REGISTERED VOTERS AND HE'S A MEMBER OF THE
AMERICAN NEW YORK CHINESE ASSOCIATION AND HE REALLY, REALLY WORKED
VERY HARD FOR -- FOR OUR COMMUNITY. NEXT AND LAST IS WALLACE ZHANG.
HE'S THE PRESIDENT OF ALL-AMERICAN CHINESE ASSOCIATION, BEEN SERVING
THE CHINESE COMMUNITY FOR ABOUT OVER 20 YEARS. HE FOCUSED ON RIGHTS,
POLICIES, AND POLITICS OF EDUCATION IN OUR COMMUNITY AND THAT'S SOLELY
5
NYS ASSEMBLY JANUARY 23, 2023
WE NEEDED IS -- IS A POLITICAL INFORMATION AND VOTING RIGHTS AND HE LEAD
THAT DIRECTION. AND SIR, FOR THE PEOPLE'S HOUSE, PLEASE RECOGNIZE AND
WELCOME THEM, SIR. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. CHANG, THE SPEAKER, AND ALL THE MEMBERS WE WELCOME THIS
DISTINGUISHED GROUPS OF GENTLEMEN HERE TO THE NEW YORK STATE
ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. YOU ARE
ALWAYS WELCOME HERE. WE HOPE THAT YOU WILL ENJOY YOUR TRIP TO
ALBANY ONE IN WHICH WE HAVE PROVIDED AS MUCH SNOW AS WE'VE HAD ALL
YEAR. SO I HOPE YOU'VE ENJOYED THAT AND I WOULD ASK THE MEMBERS TO
STAND IN SOLIDARITY WITH THE LIVES LOST IN CALIFORNIA.
(WHEREUPON, A MOMENT OF SILENCE WAS HELD.)
THANK YOU ALL VERY MUCH. THANK YOU ALL FOR COMING.
(APPLAUSE)
MS. GIGLIO FOR THE PURPOSES OF A INTRODUCTION.
MS. GIGLIO: THANK YOU, MR. SPEAKER. I AM
PLEASED TO INTRODUCE MEMBERS OF THE SUFFOLK COUNTY POLICE
DEPARTMENT, POLICE BENEVOLENT ASSOCIATION BOB CAPPADONA,
(INAUDIBLE) AND CHRISTOPHER WOLF WHO ARE HERE IN THE ASSEMBLY
CHAMBER WITH US TODAY. WE HAD A VERY FORTUNATE AND EXCITING EVENT A
FEW WEEKS AGO WHEN WE WELCOMED TWO OF THE LAW ENFORCEMENT
OFFICERS FROM THE HOSPITAL BACK HOME TO THEIR FAMILIES. SO LAW
ENFORCEMENT PUTS THEIR LIVES ON THE LINE EVERY DAY TO PROTECT US AND I
WANT TO THANK THEM FOR PROTECTING LAW ENFORCEMENT IN SUFFOLK COUNTY.
AND IF YOU WOULDN'T MIND GIVING THEM ALL THE CORDIALITIES OF THE FLOOR
6
NYS ASSEMBLY JANUARY 23, 2023
TODAY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. GIGLIO, 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. THANK YOU FOR YOUR SERVICE AND YOUR BRAVERY.
PLEASE CONTINUE TO KEEP TO OUR COMMUNITIES SAFE. THANK YOU SO VERY
MUCH.
(APPLAUSE)
WE WILL NOW GO TO RESOLUTIONS ON PAGE 3. ASSEMBLY
NO. 46, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 46, MS.
ROSENTHAL.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JANUARY 22ND THROUGH THE 28TH, 2023, AS
DATA PRIVACY WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. ROSENTHAL ON THE
RESOLUTION.
MS. ROSENTHAL: TODAY I RISE TO SPEAK ON THIS
RESOLUTION PROCLAIMING JANUARY 22ND THROUGH JANUARY 28TH, 2023, AS
DATA PRIVACY WEEK IN THE STATE OF NEW YORK. DATA PRIVACY WEEK IS A
GLOBAL INITIATIVE THAT AIMS TO RAISE AWARENESS OF THE EVER-INCREASING USE
OF OUR PERSONAL DATA AND EDUCATE CONSUMERS ON WHEN AND HOW THEIR
PERSONAL DATA IS COLLECTED AND LEARN THE STEPS THEY CAN TAKE TO PROTECT
THEMSELVES. EVERY WEBSITE THAT WE VISIT, MOBILE APP WE DOWNLOAD, OR
PURCHASE THAT WE MAKE PROVIDES MORE OF OUR PERSONAL DATA TO THE
7
NYS ASSEMBLY JANUARY 23, 2023
COMPANIES THAT WE ARE DOING BUSINESS WITH. INFORMATION ABOUT OUR
INTERESTS AND HABITS, ITEMS WE PURCHASE AND OTHER CHARACTERISTICS ARE
COLLECTED ALLOWING COMPANIES TO BUILD A DIGITAL PROFILE OF EACH OF US
THAT CAN BE LEVERAGE TO MAKE THEIR BUSINESS MORE PROFITABLE. AS THE
USE OF TECHNOLOGY EXPANDS, WE ARE TRADING AWAY MORE OF OUR PRIVACY
IN EXCHANGE FOR CONVENIENCE AND OFTENTIMES WE'RE NOT EVEN AWARE THAT
IT'S HAPPENING. WARNINGS THAT YOUR DATA MAY BE SOLD OR SHARED WITH
THIRD-PARTIES MIGHT BE HIDDEN SOMEWHERE IN A LONG TECHNICAL PRIVACY
AGREEMENT OR IT MAY NOT BE DISCLOSED AT ALL. THE TECHNOLOGY THAT WE
USE EACH DAY MAY EVEN COLLECT BIOMETRIC INFORMATION LIKE OUR
FINGERPRINTS, VOICEPRINTS AND OTHER IDENTIFIERS. TIME AND TIME AGAIN
WE'VE SEEN THIS DATA ENDING UP IN THE WRONG HANDS AND BE USED FOR THE
WRONG PURPOSES. IN SOME STATES IT HAS EVEN BEEN WEAPONIZED TO MAKE
INFERENCES ABOUT A WOMAN'S HEALTHCARE DECISIONS. DATA PRIVACY WEEK
INTENDS TO RAISE AWARENESS ABOUT THESE RISKS AND ENCOURAGE INDIVIDUALS
TO CAREFULLY REVIEW THE DATA THEY MAY BE SHARING AND BE PROACTIVE IN
DETERMINING WHAT INFO MIGHT BE SHARED WHEN SIGNING UP FOR NEW
WEBSITES ABSENT SERVICES. BY DECLARING THIS WEEK DATA PRIVACY WEEK
IN THE STATE OF NEW YORK WE CAN BEGIN THE DIALOG AND UNDERSCORE THE
GROWING URGENCY OF PROTECTING OUR PERSONAL DATA. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. VANEL ON THE RESOLUTION.
MR. VANEL: FIRST OF ALL, I'D LIKE TO THANK THE
SPONSOR FOR ENTERING THIS RESOLUTION. OUR DATA IS COLLECTED EVERY DAY.
ON YOUR COMPUTER, ON YOUR SMARTPHONE, ON PRETTY MUCH ALMOST EVERY
8
NYS ASSEMBLY JANUARY 23, 2023
DEVICE THAT IS CONNECTED ON -- ON THE INTERNET, WHICH MAY EVEN INCLUDE
YOUR WRISTWATCH AND YOUR CAR, BUT YOU -- BUT PEOPLE OFTEN SOMETIMES
DON'T EVEN KNOW WHAT THAT DATA IS BEING -- THE DATA BEING COLLECTED,
SHARED OR SOLD. THE GOAL OF DATA PROTECTION WEEK IS TO SPREAD
AWARENESS ABOUT ONLINE PRIVACY. WE THINK THAT DATA PRIVACY SHOULD BE
A PRIORITY FOR BOTH INDIVIDUALS, ORGANIZATIONS AND INSTITUTIONS. WE
HAVE TO MAKE SURE NOW THAT PEOPLE HAVE TO UNDERSTAND THAT, YOU KNOW,
HOW THEY'RE ENLIGHTENED ABOUT HOW THEIR DATA IS BEING USED AND WE
HAVE TO MAKE SURE THAT ORGANIZATIONS ALSO RESPONSIBLY USE THE DATA AND
THAT PEOPLE HAVE THE RIGHT TO MANAGE THE DATA USAGE. SO TODAY IS ABOUT
MAKING SURE -- AND THIS WEEK IS ABOUT MAKING SURE THAT PEOPLE ARE
AWARE OF DATA AND DATA PROTECTION AND THAT WE MOVE FORWARD IN THE
RIGHT WAY. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 47, MR.
MAGNARELLI. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR KATHY
HOCHUL TO PROCLAIM JANUARY 22ND THROUGH THE 28TH, 2023, AS ENROLLED
AGENT 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. 48, MS.
9
NYS ASSEMBLY JANUARY 23, 2023
PAULIN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JANUARY 22ND THROUGH THE 28TH, 2023, AS
CERTIFIED REGISTERED NURSE ANESTHETIST 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.
PAGE 4 [SIC], RULES REPORT NO. 24, THE CLERK WILL
READ.
THE CLERK: ASSEMBLY NO. A00620, RULES REPORT
NO. 24, BRONSON. AN ACT TO AMEND THE STATE FINANCE LAW, THE GENERAL
MUNICIPAL LAW, THE PUBLIC AUTHORITIES LAW, AND THE HIGHWAY LAW, IN
RELATION TO AWARDING A CONTRACT FOR THE PURCHASE OF ROCK SALT OR SODIUM
CHLORIDE; AND TO AMEND A CHAPTER OF THE LAWS OF 2022 AMENDING THE
STATE FINANCE LAW, THE GENERAL MUNICIPAL LAW, THE PUBLIC AUTHORITIES
LAW AND THE HIGHWAY LAW RELATING TO ENACTING THE NEW YORK STATE
BUY AMERICAN SALT ACT, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.
9441 AND A. 7919-A, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BRONSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
10
NYS ASSEMBLY JANUARY 23, 2023
THE VOTE. FIRST VOTE OF THE DAY, MEMBERS. PLEASE, IF YOU ARE IN YOUR
SEATS VOTE NOW, VOTE IMMEDIATELY, SO THAT WE CAN PROCEED.
(THE CLERK RECORDED THE VOTE.)
MR. TAGUE TO EXPLAIN HIS VOTE.
MR. TAGUE: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. I JUST WANT TO TAKE A MOMENT TO THANK THE SPONSOR OF THIS BILL
FOR MAKING THE AMENDMENTS THAT WERE NEEDED AND ASKED FOR PRIOR.
THIS MAKES MUCH MORE SENSE THE WAY IT IS NOW AND FOR THOSE REASONS
I'LL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. TAGUE IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00621, RULES REPORT
NO. 25, BURDICK. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION
TO ESTABLISHING A THRESHOLD FOR THE AMOUNT OF WORK NEEDED TO BE
PERFORMED BY A PREFERRED SOURCE WHICH IS AN APPROVED CHARITABLE
NON-PROFIT-MAKING AGENCY FOR THE BLIND; AND PROVIDING FOR THE REPEAL
OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BURDICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
11
NYS ASSEMBLY JANUARY 23, 2023
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER. THIS BILL
WAS PASSED UNANIMOUSLY BY THIS HOUSE AND IN THE SENATE AS WELL. AND
IT WAS A VERY SIMPLE BILL THAT WAS NEEDED TO MODERNIZE IN A MUCH
NEEDED MODERNIZATION OF WHAT'S CALLED A PREFERRED SOURCE PROVISION OF
THE NEW YORK STATE FINANCE LAW. AND THE CHAPTER AMENDMENT ALSO
IS VERY SIMPLE. IT'S SIMPLY IS TO CLARIFY TO TECHNICAL CORRECTION TO CLARIFY
THAT IT'S ALSO INTENDED TO SERVE PEOPLE WHO ARE VISUALLY IMPAIRED OR
BLIND. SO I WANT TO THANK THE LEADERSHIP FOR BRINGING THIS LAST SESSION
TO THE FLOOR AND GETTING IT THROUGH AND THE GOVERNOR FOR HAVING SIGNED
IT INTO LAW. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MR.
BURDICK.
MEMBERS, YOU'RE REMINDED THAT THE VOTE IS ON THE
BOARD. PLEASE CAST YOUR BALLOT.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00622, RULES REPORT
NO. 26, O'DONNELL. AN ACT TO AMEND THE STATE FINANCE LAW, IN
RELATION TO THE APPLICABILITY OF CERTAIN LABOR LAW PROVISIONS TO THE
CONSTRUCTION OF CERTAIN PARKING FACILITIES; AND TO AMEND A CHAPTER OF
THE LAWS OF 2022 AMENDING THE STATE FINANCE LAW RELATING TO
12
NYS ASSEMBLY JANUARY 23, 2023
REQUIRING THE CONSTRUCTION OF CERTAIN PARKING FACILITIES TO BE CAPABLE OF
SUPPORTING ELECTRIC VEHICLE CHARGING STATIONS, AS PROPOSED IN LEGISLATIVE
BILLS NUMBERS S. 23-B AND A. 4386-B, IN RELATION TO THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. PALMESANO TO EXPLAIN HIS VOTE.
MR. PALMESANO: YES, MR. SPEAKER, AND MY
COLLEAGUES TO EXPLAIN MY VOTE. I KNOW ON THE FACE OF IT THIS LOOKS LIKE
A PREVAILING WAGE BILL FOR ELECTRIC VEHICLE CHARGING STATIONS BUT IT GIVES
ME AN OPPORTUNITY TO TALK ABOUT ANOTHER IMPORTANT ISSUE WHEN IT COMES
TO ELECTRIC VEHICLES, SOMETHING I'VE TALKED ABOUT BEFORE AND WILL
CONTINUE TO DO SO IN THE FUTURE. YES, THIS PERTAINS TO ELECTRIC VEHICLE
CHARGING STATIONS, PREVAILING WAGE FOR THOSE INDIVIDUALS WHO PUT THEM
IN, BUT AS YOU GO DOWN THE SUPPLY CHAIN OF WHERE IT STARTS AT FOR THESE
ELECTRIC VEHICLES, THE MATERIALS AND ELEMENTS YOU NEED TO PRODUCE
THESE BATTERIES ARE MINED -- 70 PERCENT OF THEM ARE MINED IN THE
DEMOCRATIC REPUBLIC OF CONGO. THEY'RE USING CHILD LABOR, SOME 35-
TO 40,000 KIDS ARE -- ARE BEING ESTIMATED IN THE CONGO TO MINE THIS
LABOR. KIDS ARE DYING. THEY'RE BEING MAIMED IN THESE MINING CLASSES.
YOU WONDER HOW MUCH THESE KIDS GET PAID? HOW ABOUT $1 A DAY.
ONE DOLLAR A DAY, THEIR HANDLER GETS $5 A DAY. THEY HAVE TO GO THERE
13
NYS ASSEMBLY JANUARY 23, 2023
BECAUSE THEY HAVE TO PAY $6 A MONTH TO GO TO SCHOOL. WE CAN ALL
LAUGH ABOUT THIS AND THINK THIS IS A BIG JOKE, IT'S NOT. THIS IS IMPORTANT
PUBLIC POLICY. YOU CAN'T IGNORE THIS ANY FURTHER. YOU OWN THIS.
YOU'RE GOING TO HAVE TO TALK ABOUT THIS AND YOU THINK THIS IS MAKING AN
IMPACT IN OUR GLOBAL EMISSIONS, IT'S NOT. NEW YORK STATE CONTRIBUTES
0.4 PERCENT, 0.4 PERCENT OF THE TOTAL GLOBAL EMISSIONS. BUT YET CHINA
CONTRIBUTES 29 PERCENT, HAS A THOUSAND COAL PLANTS AND BUILDING MORE.
THERE WAS AN ARTICLE IN THE PAPER JUST RECENTLY, THEY'RE EXPANDING THEIR
CAPACITY BY 70 GIGAWATTS OF COAL ON TOP OF 40 LAST YEAR. WE'RE NOT
MAKING AN IMPACT ON THIS. INDIA'S 7 PERCENT, RUSSIA'S 4 PERCENT.
FORGET ABOUT THE COST BUT THERE ARE HUMAN RIGHTS VIOLATIONS THAT ARE
GOING ON THERE. YOU TALK ABOUT ISSUES WITH OIL RIGS AND FRACKING PLANTS
-- WELL, YOU KNOW THING? I DON'T SEE ANY CHILD WORKING ON OIL RIGS AND
ON FRACKING WELLS. THEY'RE WORKING TO PRODUCE THESE ELECTRIC -- THESE
ELEMENTS FOR THESE ELECTRIC VEHICLES THAT YOU ALL PROBABLY THINK ARE
SUCH A GREAT THING FOR OUR ENVIRONMENT, WHICH ISN'T. IT'S POISONING
WELLS, IT'S POISONING STREAMS, IT'S ALMOST LIKE IF YOU DON'T SEE IT, YOU
DON'T CARE ABOUT. AS LONG AS KIDS AREN'T DYING HERE IN THE U.S. AND
THEY'RE DYING IN AFRICA YOU'RE OKAY WITH IT. AS LONG AS WELLS AREN'T AND
WATER'S NOT BEING POISONED HERE IN THE U.S., IT'S HAPPENING IN AFRICA
YOU'RE OKAY WITH IT BECAUSE IT'S GOING TO MEET OUR CLEAN ENERGY BILLS.
AND OUR CLEAN ENERGY BILLS AREN'T GOING TO MAKE ONE IOTA DIFFERENCE.
WE CAN GET DOWN TO ZERO PERCENT IT'S NOT GOING TO MATTER WITH CHINA
CONTINUING TO POLLUTE, WITH CHINA CONTINUING TO USE COAL, BECAUSE THE
CLCPA --
14
NYS ASSEMBLY JANUARY 23, 2023
ACTING SPEAKER AUBRY: HOW DO YOU VOTE,
SIR?
MR. PALMESANO: I VOTE NO BECAUSE I'M GOING TO
CONTINUE TO TALK ABOUT THIS.
ACTING SPEAKER AUBRY: MR. PALMESANO IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00623, RULES REPORT
NO. 27, ZEBROWSKI. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
REQUIREMENTS FOR IN-SERVICE TRAINING PROGRAMS FOR CODE ENFORCEMENT
PERSONNEL.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ZEBROWSKI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00624, RULES REPORT
NO. 28, ZEBROWSKI. AN ACT TO AMEND THE STATE FINANCE LAW AND THE
EDUCATION LAW, IN RELATION TO THE OVERSIGHT OF CERTAIN CONTRACTS BY THE
COMPTROLLER.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00625, RULES REPORT
NO. 29, THIELE. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
EXEMPTING HOT TUBS OR SPAS FROM CERTAIN STANDARDS OF THE NEW YORK
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE.
15
NYS ASSEMBLY JANUARY 23, 2023
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. A00626-A, RULES
REPORT NO. 30, OTIS. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION
TO FLOOD PLAIN STANDARDS OF CONSTRUCTION.
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. A00631, RULES REPORT
NO. 31, CARROLL. AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO
REQUIRING RESIDENTIAL LEASES TO INCLUDE INFORMATION ON PRIOR FLOOD
DAMAGE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00632, RULES REPORT
16
NYS ASSEMBLY JANUARY 23, 2023
NO. 32, DINOWITZ. AN ACT TO AMEND THE DOMESTIC RELATIONS LAW, IN
RELATION TO MANDATORY TRAINING OF A FORENSIC EVALUATOR IN RELATION TO
COURT ORDERED FORENSIC EVALUATIONS INVOLVING CHILD CUSTODY AND
VISITATION WHEN THE CHILD IS LIVING OUT-OF-STATE; TO AMEND THE EXECUTIVE
LAW, IN RELATION TO TRAINING IN THE PREVENTION AND INTERVENTION OF
DOMESTIC VIOLENCE REQUIRED FOR FORENSIC INVESTIGATORS; AND TO AMEND A
CHAPTER OF THE LAWS OF 2022 AMENDING THE DOMESTIC RELATIONS LAW
AND THE EXECUTIVE LAW, RELATING TO COURT ORDERED FORENSIC EVALUATIONS
INVOLVING CHILD CUSTODY AND VISITATION, AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S. 6385-B AND A. 2375-C, RELATING TO THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00966, RULES REPORT
NO. 33, MCDONALD. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, IN RELATION TO INFORMATION AVAILABLE FOR INSPECTION
DURING CERTAIN SPECIAL PROCEEDINGS BY TENANTS; AND TO AMEND A CHAPTER
OF THE LAWS OF 2022 AMENDING THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW RELATING TO SPECIAL PROCEEDINGS BY TENANTS OF
DWELLINGS OUTSIDE THE CITY OF NEW YORK AND CERTAIN COUNTIES FOR
JUDGMENT DIRECTING DEPOSIT OF RENTS AND THE USE THEREOF FOR THE PURPOSE
OF REMEDYING CONDITIONS DANGEROUS TO LIFE, HEALTH OR SAFETY, AS
PROPOSED IN LEGISLATIVE BILLS NUMBER S. 6721 AND A. 3241, IN RELATION
TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00968, RULES REPORT
17
NYS ASSEMBLY JANUARY 23, 2023
NO. 34, BICHOTTE HERMELYN. AN ACT TO AMEND THE URBAN DEVELOPMENT
CORPORATION ACT, IN RELATION TO ALLOWING BUSINESS TO USE FUNDS RECEIVED
FROM THE MINORITY AND WOMEN-OWNED BUSINESS DEVELOPMENT AND
LENDING PROGRAM FOR THE PURPOSE OF REFINANCING EXISTING DEBT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER ANDERSON: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00983, RULES REPORT
NO. 35, MAGNARELLI. AN ACT TO AMEND THE REAL PROPERTY ACTION AND
PROCEEDINGS LAW, THE UNIFORM CITY COURT ACT, THE UNIFORM DISTRICT
COURT ACT, THE UNIFORM JUSTICE COURT ACT, AND THE NEW YORK CITY
CIVIL COURT ACT, IN RELATION TO JURISDICTION OF PROCEEDINGS UNDER THE
TENANT DIGNITY AND SAFE HOUSING ACT; AND TO AMEND A CHAPTER OF THE
LAWS OF 2022 ENACTING THE TENANT DIGNITY AND SAFE HOUSING ACT, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S.4594-B AND A. 354-B, IN
RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER ANDERSON: THE BILL IS LAID
ASIDE.
18
NYS ASSEMBLY JANUARY 23, 2023
THE CLERK: ASSEMBLY NO. A00989, RULES REPORT
NO. 36, PEOPLES-STOKES. AN ACT TO AMEND THE EXECUTIVE LAW AND THE
STATE FINANCE LAW, IN RELATION TO MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISE FRAUD AND THE MONIES OF THE MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISE FUND; TO AMEND A CHAPTER OF THE LAWS OF 2022
AMENDING THE EXECUTIVE LAW AND THE STATE FINANCE LAW RELATING TO
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES POST COMPLETION
CERTIFICATION, DUTIES OF THE DIRECTOR AND CREATING THE MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISE FUND, AS PROPOSED IN LEGISLATIVE
BILLS NUMBERS S. 3390-A AND A. 9259-A, IN RELATION TO THE
EFFECTIVENESS THEREOF; AND TO REPEAL CERTAIN PROVISIONS OF THE EXECUTIVE
LAW RELATING THERETO.
ACTING SPEAKER ANDERSON: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ANDERSON: 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. A00990, RULES REPORT
NO. 37, FAHY. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION TO
THE PURCHASE OR LEASE OF ZERO EMISSION VEHICLES AND CHARGING OR
19
NYS ASSEMBLY JANUARY 23, 2023
FUELING INFRASTRUCTURE; AND REPEALING CERTAIN PROVISIONS OF THE
EXECUTIVE LAW RELATING THERETO.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
WE WILL PROCEED TO PAGE 4, CALENDAR NO. 1.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00076, CALENDAR NO.
1, L. ROSENTHAL, BRONSON, SEAWRIGHT. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO REQUIRING PRE-ADMISSION NOTIFICATION OF
POLICIES AUTHORIZING THE REFUSAL TO FOLLOW DIRECTIVES IN HEALTH CARE
PROXIES THAT ARE CONTRARY TO A HOSPITAL'S OPERATING PRINCIPLES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00117, CALENDAR NO.
2, PAULIN, SILLITTI, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO ADDING "EMBRYO" TO THE DEFINITION OF "TISSUE" FOR PURPOSE OF
TISSUE STORAGE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A1283, CALENDAR NO.
3, SEAWRIGHT, LUPARDO, SOLAGES. CONCURRENT RESOLUTION OF THE SENATE
AND ASSEMBLY PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE 1 OF
THE CONSTITUTION, IN RELATION TO EQUAL PROTECTION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: TO PAGE 5, RULES REPORT
NO. 2 BY DINOWITZ.
ACTING SPEAKER AUBRY: CLERK WILL READ.
20
NYS ASSEMBLY JANUARY 23, 2023
THE CLERK: ASSEMBLY NO. A00612, RULES REPORT
NO. 2, DINOWITZ. AN ACT RELATING TO THE AVAILABILITY OF TRAINING FOR STATE
APPROVED EDUCATION OR TRAINING PROGRAMS REQUIRED FOR CERTIFICATION OF
HOME HEALTH AIDES, PERSONAL CARE AIDES, AND CERTIFIED NURSE AIDES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DINOWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MR. DINOWITZ.
MR. DINOWITZ: THIS BILL IS A CHAPTER AMENDMENT
-- EXCUSE ME, TO LEGISLATION WE PASSED LAST YEAR, AND IT MAKES A FEW
MINOR CHANGES TO THE ORIGINAL LEGISLATION. IT AMENDS CHAPTER 737 OF
THE LAWS OF LAST YEAR BY MANDATING DOH TO REQUIRE TRAINING, THAT'S IN
QUOTES, RATHER THAN QUOTE, DEVELOP A TRAINING PROGRAM UNIT, AS WELL AS
TO CLARIFY THE TITLES WHICH MUST BE COMPLETE -- WHICH MUST COMPLETE
THE TRAINING. THE BILL ALSO EXTENDS THE AMOUNT OF TIME WHICH DOH
MUST TAKE TO MAKE THIS TRAINING PROGRAM AVAILABLE FROM SIX MONTHS TO
12 MONTHS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL
YOU YIELD?
MR. DINOWITZ: YES.
ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS,
SIR.
21
NYS ASSEMBLY JANUARY 23, 2023
MR. GOODELL: THANK YOU, MR. DINOWITZ. IS THERE
ANY DIFFERENCE IN HEALTHCARE STANDARDS OR PRACTICES OR PROCEDURES THAT
WOULD APPLY BASED ON A PERSON'S SEXUAL ORIENTATION OR GENDER IDENTITY
OR EXPRESSION?
MR. DINOWITZ: I DON'T BELIEVE THAT ISSUE IS
ADDRESSED IN THE CHAPTER AMENDMENT. IT MAY HAVE BEEN ADDRESSED OR
NOT ADDRESSED IN THE UNDERLYING BILL.
MR. GOODELL: AND ARE YOU AWARE OF ANY
DIFFERENCES IN HOW HEALTH CARE SHOULD BE PROVIDED?
MR. DINOWITZ: MR. GOODELL, I'M HERE TO DEBATE
THE BILL, NOT RELITIGATE LEGISLATION THAT WE PASSED LAST YEAR.
MR. GOODELL: I SEE. AND THIS CHAPTER
AMENDMENT REDUCES THE NUMBER OF PEOPLE THAT NEED THIS TRAINING ON
HOW TO WORK WITH PATIENTS OF DIVERSE SEXUAL ORIENTATION AND GENDER
IDENTITY AND EXPRESSION, CORRECT?
MR. DINOWITZ: REDUCES THE NUMBER OF PEOPLE
YOU SAID?
MR. GOODELL: YES.
MR. DINOWITZ: I THINK IT ELIMINATES ONE -- IT
ELIMINATES THE WORDS -- PERSONAL CARE STAFF. I BELIEVE THE GOVERNOR
ASKED FOR IT TO BE ELIMINATED BASED ON IT BEING REDUNDANT. IT DOESN'T
ELIMINATE ANYTHING, THOUGH, IN TERMS OF NUMBER OF PEOPLE AS FAR AS I
CAN SEE.
MR. GOODELL: I SEE. SO IT KEEPS THE PHRASE
PERSONAL CARE AIDE AND TAKES OUT THE PHRASE PERSONAL CARE STAFF AND IT'S
22
NYS ASSEMBLY JANUARY 23, 2023
YOUR UNDERSTANDING THAT STAFF AND AIDES ARE ONE IN THE SAME.
MR. DINOWITZ: I THINK COLLECTIVELY IF YOU LOOK AT
WHAT'S INCLUDED IT'S THE SAME, YES.
MR. GOODELL: THANK YOU VERY MUCH, MR.
DINOWITZ.
MR. DINOWITZ: YOU'RE WELCOME.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THANK YOU VERY MUCH. TO BE
HONEST WITH YOU, I REALLY DON'T UNDERSTAND WHY THE QUALITY OF CARE OR
THE STANDARDS OF CARE OR THE MEDICAL SERVICES THAT ARE PROVIDED TO A
PATIENT IN A HEALTHCARE FACILITY SHOULD IN ANY WAY DEPEND ON WHETHER
THEY LIKE MEN OR WOMEN OR BOTH OR NEITHER OR DON'T KNOW. A PERSON'S
SEXUAL IDENTITY, GENDER IDENTITY, GENDER EXPRESSION OR SEXUAL
ORIENTATION SHOULD HAVE ZERO IMPACT ON THEIR RIGHT TO RECEIVE
HIGH-QUALITY CARE. AND I'M CONCERNED THAT WE HAVE LEGISLATION WHICH
PURPORTS TO REQUIRE PEOPLE WHO ARE IN THE HEALTHCARE FIELD TO TAKE
TRAINING THAT FOCUSES ON HOW TO WORK WITH PEOPLE BASED ON DIVERSE
SEXUAL ORIENTATION AND GENDER IDENTITY AND EXPRESSION. OUR STANDARDS
SHOULD BE VERY CLEAR AND UNEQUIVOCAL AND I DON'T THINK IT NEEDS
SPECIALIZED TRAINING. EVERY SINGLE PERSON REGARDLESS OF WHO THEY ARE,
REGARDLESS OF THEIR WEALTH, THEIR COLOR, THEIR SEXUAL ORIENTATION, THEIR
GENDER, OR ANYTHING ELSE SHOULD BE ENTITLED TO HIGH-QUALITY CARE. AND
WE SHOULDN'T NEED SPECIALIZED TRAINING TO SAY THAT SIMPLE FACT AND TAKE
23
NYS ASSEMBLY JANUARY 23, 2023
AWAY FROM THE TRAINING THAT FOCUSES ON THAT QUALITY OF CARE. FOR THAT
REASON I WILL CONTINUE TO OPPOSE THIS AMENDMENT, WHICH AS THE SPONSOR
ACKNOWLEDGED DOES NOTHING SUBSTANTIVE TO THE ORIGINAL BILL. THANK
YOU, SIR.
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.)
MRS. PEOPLES-STOKES PEOPLE TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I ACTUALLY RISE TO
COMMEND MY COLLEAGUE. I -- I DO HEAR THE WORDS OF MY COLLEAGUE ON
THE OTHER SIDE OF THE AISLE AND HONESTLY I RESPECT HIM, BUT I KNOW THE
REALITY OF THE LIFE THAT WE LIVE RIGHT NOW IN NEW YORK AND RIGHT NOW IN
AMERICA. AND EVEN THOUGH PEOPLE HAVE CHOSEN OR ARE OF A DIFFERENT
RACE OR WHATEVER, THERE ARE SOME OTHER PEOPLE WHO HAVE BEEN TRYING
NOT TO LIKE THAT. AND EVEN THOUGH THEY HAVE THE JOB THEY STILL HAVE TO
DO IT. AND SO SOMETIMES YOU DO NEED TO HAVE EXTRA TRAINING AND/OR
SENSITIVITY TO WORK WITH THE PEOPLE WHO NEED THE SERVICE. IF IN FACT,
MR. SPEAKER, IF THAT WAS NOT A PROBLEM THERE WOULDN'T BE SUCH
DISPARITIES IN HEALTH CARE. CLEARLY. AND SO I THINK THE -- THE SPONSOR OF
THIS LEGISLATION IS ON THE RIGHT TRACK WITH THIS. I COMMEND HIM FOR IT
AND I'M GRATEFUL I HAVE THE OPPORTUNITY TO SUPPORT IT.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
24
NYS ASSEMBLY JANUARY 23, 2023
IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
NOW GO TO -- STAY ON PAGE 5 AND GO RIGHT TO RULES REPORT NO. 10 BY
MS. PAULIN.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00979, RULES REPORT
NO. 10, PAULIN. AN ACT TO AMEND THE NOT-FOR-PROFIT CORPORATION LAW
AND THE PUBLIC HEALTH LAW, IN RELATION TO CLARIFYING PROVISIONS RELATED
TO THE CREATION, OPERATION, AND DUTIES OF NATURAL ORGANIC REDUCTION
FACILITIES AS CEMETERY COOPERATIONS; AND TO AMEND A CHAPTER OF THE LAWS
OF 2022 AMENDING THE NOT-FOR-PROFIT CORPORATION LAW, RELATING TO THE
CREATION, OPERATION, AND DUTIES OF NATURAL ORGANIC REDUCTION FACILITIES AS
CEMETERY CORPORATIONS, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.
5535 AND A. 382, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: AN EXPLANATION HAS
BEEN REQUESTED, MS. PAULIN.
MS. PAULIN: (INAUDIBLE/MIC OFF) -- THE ORIGINAL BILL
-- CHAPTER WHICH IS NOW CHAPTER WHICH IS CHAPTER 817 OF 2022. AND TO
PROVIDE SOME TECHNICAL AMENDMENTS TO -- TO ALIGN PUBLIC HEALTH LAW
WITH THE -- THE LAWS THAT WE HAD AMENDED PREVIOUSLY.
ACTING SPEAKER AUBRY: MR. LEMONDES.
25
NYS ASSEMBLY JANUARY 23, 2023
MR. LEMONDES: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: I WOULD BE HAPPY TO.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. LEMONDES: THANK YOU. IN OUR DEBATE LAST
TIME WE COVERED A LOT OF GROUND ON THIS. I'D LIKE TO ASK A FEW MORE
QUESTIONS WITH THIS VERSION OF THIS BILL. ARE THERE ANY CONTROLS IN PLACE
FOR THE PREVENTION OF HUMAN REMAINS BEING USED AS FERTILIZER?
MS. PAULIN: YOU'RE SAYING -- YOU'RE ASKING IF IT CAN
BE USED FOR HUMAN FERTILIZER?
MR. LEMONDES: I'M SAYING ARE THERE CONTROLS TO
PREVENT IT FROM BEING USED.
MS. PAULIN: I SEE. NOT -- NOT CLEARLY WRITTEN IN THE
BILL. IF SOMEONE DECIDED THAT THEY WANTED TO USE NATURAL ORGANIC
REDUCTION, THEN THEY WOULD BE GIVEN THE REMAINS AND THEY COULD USE IT
FOR FERTILIZER IN ANY WAY THEY WANT.
MR. LEMONDES: THANK YOU FOR ANSWERING THAT.
AND WOULD -- WOULD YOU BE ABLE TO COMMENT ON THE IMPACT OF THE
FUNERAL HOME INDUSTRY AND PROCESSING OF REMAINS AS WE TYPICALLY HAVE
DONE SO?
MS. PAULIN: I GUESS I'M A LITTLE CONFUSED BY THE
QUESTION.
26
NYS ASSEMBLY JANUARY 23, 2023
MR. LEMONDES: SO WOULD THIS -- WOULD THIS BILL
IMPACT THE FUNERAL HOME INDUSTRY WITH RESPECT TO HOW HUMAN REMAINS
ARE TYPICALLY BURIED?
MS. PAULIN: IT DOESN'T IMPACT THE -- THE FUNERAL
HOMES. THEY'RE NOT PERMITTED UNDER THIS BILL TO DO THIS. IT WOULD
ALLOW FOR CEMETERIES TO -- TO HAVE A FACILITY WHERE A PERSON THEY HAD
SOMEONE THEY LOVE DIE AND THEY WANTED TO USE THIS PROCESS, A THIRD
PROCESS NATURAL ORGANIC REDUCTION. SO IT WOULD ALLOW CEMETERIES TO SET
THIS UP.
MR. LEMONDES: THANK YOU FOR ANSWERING THAT. IN
ADDITION, AS WE DISCUSSED PREVIOUSLY, COULD YOU -- COULD YOU COMMENT
ON THE IMPACT OF THE DEPARTURE FROM THE NORM WITH RESPECT TO THE TWO
WAYS MOST FAITHS HAVE HANDLED THE REMAINS OF THEIR LOVED ONES FOR THE
LAST SEVERAL THOUSANDS YEARS? AND I WOULD -- THOSE ARE EITHER
CREMATION OR BURIAL.
MS. PAULIN: SURE. SO AS YOU POINT OUT, YOU KNOW,
THERE ARE TWO TYPES OF WAYS TO DEAL WITH HUMAN REMAINS CURRENTLY IN
THE LAW, NOW THIS THIRD ONE. THE TWO ORIGINAL WAYS YOU COULD BURY
SOMEONE, AS EVERYONE IS FAMILIAR WITH, AND TO DO THAT, TYPICALLY
SOMEONE IS PRESERVED WITH FORMALDEHYDE WHICH THEN GOES
UNDERGROUND AND POLLUTES THE EARTH. THE -- AND ALSO TAKES UP A LOT OF
ROOM, COFFIN. AND THE OTHER WAY, CREMATION YOU ESSENTIALLY USE HEAT
TO BURN THE BODY WHICH THEN RESULTS IN ASHES AND THAT ALLOWS FOR A LOT
OF CARBONS IN THE AIR. THIS THIRD MECHANISM THAT WE ARE -- HAVE
ALREADY SIGNED INTO LAW THAT WE'RE CLARIFYING, AS I SAID, WOULD DO
27
NYS ASSEMBLY JANUARY 23, 2023
SOMETHING THAT IS MUCH MORE ENVIRONMENTALLY-FRIENDLY AND IT'S SIMILAR
TO BOTH IN A WAY. SO INSTEAD OF BURYING THE HUMAN REMAINS AND
COVERING IT WITH FORMALDEHYDE YOU WOULD PUT IT IN A CAVERN OF SORTS
ABOVE GROUND, COVER IT WITH NATURAL ALFALFA AND OTHER TYPES OF WAYS IN A
ENVIRONMENTALLY-FRIENDLY WAY TO HAVE THE BODY DISINTEGRATE WITHIN
FOUR TO SIX WEEKS. IT THEN TURNS INTO ASHES OR NOT ASHES BUT IT TURNS INTO
A COMPOST WHICH IS SIMILAR TO THE CREMATION, SMALLER VERSION OF THE
HUMAN REMAINS. AND LIKE CREMATION WE GIVE THE REMAINS TO THE FAMILY
AND/OR SIMILAR TO BURIAL YOU COULD BURY THE REMAINS IN THE CEMETERY.
SO IT'S IN BETWEEN BUT IT'S MUCH MORE ENVIRONMENTALLY-FRIENDLY. IT
DOESN'T PRODUCE CARBONS, IT DOESN'T POLLUTE THE EARTH AND IT -- AND IT
PROVIDES A MECHANISM FOR DEALING WITH THE HUMAN REMAINS THAT ALLOWS
THE FAMILY TO -- TO PRESERVE IT IN A -- IN A WAY THAT THEY EITHER -- THAT
THEY FEEL COMFORTABLE, AND IT'S CERTAINLY A MAY. IT'S NOT A MUST BUT
ALLOWS THAT OPTION.
MR. LEMONDES: THANK YOU. SO IF I UNDERSTAND
YOU CORRECTLY, THIS -- THIS BILL WOULD NOT ATTEMPT IN ANY WAY, SHAPE OR
FORM TO DISPLACE HUMAN BURIAL AS IS PRACTICED BY MOST OF THE MAJOR
RELIGIONS.
MS. PAULIN: NO, NOT AT ALL. I THINK IT'S GOING TO
BECOME THE -- THE WAVE OF THE FUTURE BUT TIME WILL TELL. BUT CERTAINLY IT
DOESN'T REQUIRE ANYONE TO DO ANYTHING DIFFERENTLY THAN THEY DO IT NOW.
MR. LEMONDES: THANK YOU VERY MUCH FOR
ANSWERING MY QUESTIONS.
MR. SPEAKER, ON THE BILL.
28
NYS ASSEMBLY JANUARY 23, 2023
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LEMONDES: THANK YOU. AS AN ORTHODOX
CHRISTIAN I CAN'T CONDONE THIS METHOD. I -- I OPPOSE IT ON RELIGIOUS
GROUNDS AND URGE ALL MY COLLEAGUES TO DO THE SAME. ALSO, IT'S UNCLEAR
TO ME TO THE -- TO THE DEPARTURE FROM THE NORM AS TO WHY WE WOULD
IMPLEMENT THIS IN NEW YORK STATE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR YIELD FOR A QUICK QUESTION?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: I'D BE HAPPY TO.
ACTING SPEAKER AUBRY: SPONSOR YIELDS.
MS. WALSH: THANK YOU. SO SOMEBODY CAME OVER
TO ME A FEW -- A COUPLE MONTHS AGO AND ASKED ME A QUESTION I DIDN'T
KNOW THE ANSWER TO ABOUT THIS BILL SO I'M ASKING IT HERE. ARE THERE ANY
-- ARE THERE ANY BODIES THAT WOULD NOT BE ELIGIBLE TO BE ABLE TO UTILIZE
THIS PROCESS? FOR EXAMPLE, THE PERSON MENTIONED TO ME WHAT ABOUT IF
SOMEBODY HAD GONE THROUGH ROUNDS AND ROUNDS OF CHEMO, FOR
EXAMPLE. WOULD THAT -- BECAUSE YOU MENTIONED BEFORE THAT IT DOES NOT
-- THIS PROCESS DOES NOT POLLUTE THE EARTH IN ANY WAY. WOULD THAT BODY
STILL BE ELIGIBLE TO -- TO HAVE -- TO HAVE THIS CHOICE?
MS. PAULIN: I'M NOT AN EXPERT, BUT MY
UNDERSTANDING IS THAT -- THAT THERE ARE SOME THINGS THAT ARE, YOU KNOW,
29
NYS ASSEMBLY JANUARY 23, 2023
PHYSICALLY ON THE BODY, FOR EXAMPLE, THAT MIGHT -- THAT MAY NOT
DECOMPOSE THAT MAY HAVE TO BE REMOVED PRIOR TO THAT PROCEDURE. BUT
THAT IF THE BODY WAS -- IF IT WAS CHEMO OR SOMETHING ELSE I DON'T SEE
HOW THAT WOULD BE A PROBLEM.
MS. WALSH: ALL RIGHT. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. LAVINE TO EXPLAIN HIS VOTE.
MR. LAVINE: THANK YOU, MR. SPEAKER. I'VE
LISTENED TO BOTH SIDES WITH RESPECT TO THIS BILL AND I'M GOING TO BE
VOTING IN THE AFFIRMATIVE AND I WANT TO THANK THE SPONSOR FOR A LIVELY
DEBATE.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MR. SPEAKER. AS
ACKNOWLEDGED BY MY COLLEAGUE THERE'S CONSIDERABLE OPPOSITION TO THIS
BILL LAST YEAR PRIMARILY FROM THE CHRISTIAN COMMUNITY, THE CATHOLICS,
THE FUNERAL DIRECTORS ASSOCIATION, WHICH PROBABLY EXPLAINS WHY THERE
WERE 52 NO VOTES LAST YEAR. I VOTED NO LAST YEAR AND I'LL CONTINUE TO
VOTE THIS YEAR AGAINST THIS BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
30
NYS ASSEMBLY JANUARY 23, 2023
GOODELL IN THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY OTHER RESOLUTIONS OR FURTHER HOUSEKEEPING?
ACTING SPEAKER AUBRY: WE HAVE NEITHER
RESOLUTIONS NOR HOUSEKEEPING, MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: OKAY. I NOW MOVE THAT
THE ASSEMBLY STAND ADJOURNED UNTIL 12:00 NOON, TUESDAY, JANUARY THE
24TH, TOMORROW BEING A SESSION DAY, SIR.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 5:22 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, JANUARY 24TH AT 12:00 P.M., TUESDAY BEING A
SESSION DAY.)
31