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,

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                    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.)

















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