WEDNESDAY, JANUARY 31, 2024 10:45 A.M.

ACTING SPEAKER AUBRY: The House will come

to order.

In the absence of clergy, let us pause for a moment of

silence.

(Whereupon, a moment of silence was observed.)

Visitors are invited to join the members in the Pledge

of Allegiance.

(Whereupon, Acting Speaker Aubry led visitors and

members in the Pledge of Allegiance.)

A quorum being present, the Clerk will read the

Journal of Tuesday, January 30th.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, I move to

NYS ASSEMBLY JANUARY 31, 2024

dispense with the further reading of the Journal of Tuesday, January

the 30th and that the same stand approved.

ACTING SPEAKER AUBRY: Without objection, so

ordered.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, sir.

Colleagues and guests that are in our Chambers, a lot different than

yesterday, right? There's a quote I'd like to share from Dr. Martin

Luther King. This one says, There comes a time when one must take a

position that is neither safe, nor politic, nor popular, but he must take

it because his conscience tells him it's right. Again, these words from

the Reverend Dr. Martin Luther King.

Members have on their desk an A-Calendar. After

you have done any introductions and/or housekeeping, we're going to

take up resolutions on Page 3. Our principal work for today, Mr.

Speaker and colleagues, will be Chapter Amendments, they will be on

debate. We're going to start with Calendar No. 220 by Ms. Pheffer

Amato; followed by Calendar No. 235 by Mr. Magnarelli; and

Calendar No. 273 by Mr. Magnarelli, as well. Then we're going to go

back to consent from the main Calendar where we left off, beginning

with Calendar No. 72, it's on Page 13. There may be a need for

additional floor activity today, Mr. Speaker. If so, I will announce at

the right moment; however, to be clear, Majority members we will be

immediately going into a conference when we conclude our work on

the floor today. And so far, Mr. Goodell has not suggested that they

NYS ASSEMBLY JANUARY 31, 2024

may need to have the same.

So that's a general outline where we are, Mr. Speaker.

If you have any introductions or housekeeping, you should feel free to

do so now.

ACTING SPEAKER AUBRY: We will go

immediately to the resolutions on page 3.

Assembly No. 819, the Clerk will read.

THE CLERK: Assembly Resolution No. 819, Ms.

Jean-Pierre.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim January 2024, as Cervical Cancer

Awareness Month in the State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

those in favor signify by saying aye; opposed, no. The resolution is

adopted.

THE CLERK: Assembly Resolution No. 820, Mr.

Cunningham.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim January 2024, as CBD Month in the State

of New York.

ACTING SPEAKER AUBRY: On the resolution, all

those in favor signify by saying aye; opposed, no. The resolution is

adopted.

Page 35, Calendar No. 220, the Clerk will read.

THE CLERK: Assembly No. A08513, Calendar No.

NYS ASSEMBLY JANUARY 31, 2024

220, Pheffer Amato. An act to amend the Civil Service Law, in

relation to requirements for issuing civil service examination

announcements.

ACTING SPEAKER AUBRY: On a motion by Ms.

Pheffer Amato, the Senate bill is before the House. The Senate bill is

advanced. And, Ms. Pheffer Amato, an explanation has been

requested.

MS. PHEFFER AMATO: Good morning. This bill

will implement the Chapter Amendment to Chapter 358 of 2023,

relating to the issuance of Civil Service Exam announcements. This

Chapter Amendment provides that the Department of Civil Service

and Muncipal Civil Service Commission shall provide notice to

competitive examinations of public entities, and allow such public

entities to receive electronic notifications.

ACTING SPEAKER AUBRY: Mr. Goodell.

MR. GOODELL: Thank you, Mr. Speaker. Would

the sponsor yield for some questions?

ACTING SPEAKER AUBRY: Ms. Pheffer Amato?

MS. PHEFFER AMATO: Yes.

ACTING SPEAKER AUBRY: Ms. Pheffer Amato

yields, sir.

MR. GOODELL: Thank you. Last year the original

bill that you sponsored passed this House unanimously,

congratulations.

MS. PHEFFER AMATO: Thank you.

NYS ASSEMBLY JANUARY 31, 2024

MR. GOODELL: Strong bipartisan support. And

that required notice of job openings and Civil Service opportunities to

be provided to all colleges and universities, all school districts, and all

both private and public educational institutions. The Chapter

Amendment, if I understand correctly, now only requires those notices

go to public school districts, public colleges, public universities. Why

are we amending the law to exclude a requirement that these notices

also be sent to private entities?

MS. PHEFFER AMATO: The intent was always for

the public colleges, it was not for the private colleges, so we just

adjusted it to that statement.

MR. GOODELL: But as a matter of public policy,

doesn't the State of New York want to recruit the very best people

they can, whether they go to a public college or a private college?

MS. PHEFFER AMATO: Nothing stops in this bill

from preventing to go to the non-public colleges. So they can reach

out or we can work with them, but the language was meant for the

public colleges to push throughout that -- those venues.

MR. GOODELL: So as a matter of public policy,

though, shouldn't the State be recruiting the best qualified candidates

including those from private colleges?

MS. PHEFFER AMATO: Well, as a public

university graduate, I think we did get some of the best, but I hear

what you're saying. I think it's open to all. These notices are -- Civil

Service Exams are open to everyone, it's just we're looking at the

NYS ASSEMBLY JANUARY 31, 2024

public colleges to give more access in those places where probably

was not getting as public -- as the private colleges have.

MR. GOODELL: I see. Now, this bill of course

doesn't change the requirements for Civil Service, right, you would

still have to meet whatever educational or experience requirements

that are required for the position that is posted then as a Civil Service

job listing?

MS. PHEFFER AMATO: Nothing changes. Our

goal was to have more ability to expose that working in public service

is a great opportunity.

MR. GOODELL: Could you address how this notice

requirement that seeks to attract the best and the brightest from public

colleges and universities in New York is consistent with the

Governor's most recent memorandum in Civil Service saying they're

waiving minimum educational requirements and waiving minimum

experience requirements if you're here as an asylum seeker or an

undocumented immigrant. Aren't those two positions diametrically

opposed? On one hand, we're saying if you're a New York resident

graduating from a New York college or university, you have to meet

these minimum standards and we want them, and then on the other

hand, if you came here illegally or without documentation you don't

have to meet them? How are those two concepts consistent, or is it

just one of those facts of (inaudible) that sometimes you go in

opposite directions at the same time?

MS. PHEFFER AMATO: That has nothing to do

NYS ASSEMBLY JANUARY 31, 2024

with this amendment.

MR. GOODELL: Thank you very much. I

appreciate your comments.

On the bill, sir.

ACTING SPEAKER AUBRY: On the bill, Mr.

Goodell.

MR. GOODELL: As I mentioned, this House

unanimously supported the sponsor's original legislation and I

commend her for that and it was a great idea. The concept of the

original legislation is we'll send out Civil Service notices of vacancies

to all the colleges and universities and public and private schools in

New York State so that we, as a State, can do our very best to recruit

the best and brightest. That's a great idea.

Now, the Chapter Amendment is required by the

Governor, and we all know that. The Chapter Amendment wasn't

something the bill sponsor said, hey, I like this, this is a great idea,

let's -- let's narrow the scope of our original bill. Let's no longer send

notices of vacancies to any of the private colleges or universities in

New York State. That's just simply bad public policy. We want to

recruit the best and brightest whether they come through our great

public school system, public colleges or whether they come through

our private schools and our private colleges, and we have a number of

great colleges that are private in New York State and we want to make

sure those students have the opportunity and know about Civil Service

exams so that the taxpayers know they're getting the best and the

NYS ASSEMBLY JANUARY 31, 2024

brightest when it comes to our recruitment efforts in the State of New

York. For that reason, I will oppose this bill. Although as I

mentioned, I very much appreciate the sponsor's original bill, which is

much better than the bill being forced upon us through a Chapter

Amendment from the Governor's Office. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: A party vote has

been requested.

Mr. Goodell.

MR. GOODELL: Thank you, sir. As a reflection of

our support of the original legislation as opposed to the amendment,

the Republican Conference will generally be opposed to the

amendment on this bill. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker. The Majority Conference is going to be in favor of this piece

of legislation. However, there may be some who desire to be an

exception, they should feel free to do so at their seats.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

NYS ASSEMBLY JANUARY 31, 2024

(The Clerk announced the results.)

The bill is passed.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker, for allowing me this brief opportunity to introduce a guest

that's in the Chambers. She is a guest of our colleague, Member

Reyes. Her name is Dawn Rowe. Dawn is the CEO of Girls Vow.

Girls Vow is an organization that works to find and help relocate

missing girls of color. You know there's always been a disparity when

sometimes young women of color are not found as expedient as they

could be, and Ms. Rowe's work is to make sure that that moves

further, faster, and quicker in identifying where these young ladies are

and getting them back home. We really want to honor her work that

she's done around these issues. Mr. Speaker, so if you could please

welcome her to our floor and give her the cordialities of the House.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mrs. Peoples-Stokes, Ms. Reyes, the Speaker and all the members,

we welcome you here to the New York State Assembly, extend to you

the privileges of the floor. Our congratulations and our thanks for the

work that you're doing to ensure that when young women are missing,

equally they are found, they are devoted the same amount of attention

as anyone else. Please know that we will always be behind you.

Thank you so very much.

(Applause)

Page 36, Calendar No. 235, the Clerk will read.

NYS ASSEMBLY JANUARY 31, 2024

THE CLERK: Assembly No. A08490, Calendar No.

235, Magnarelli, Cunningham. An act to amend the Vehicle and

Traffic Law, in relation to the display of green lights on the vehicles of

members of mobile crisis teams.

ACTING SPEAKER AUBRY: On a motion by Mr.

Magnarelli, the Senate bill is before the House. The Senate bill is

advanced.

Mr. Magnarelli, a explanation has been requested.

MR. MAGNARELLI: Thank you, Mr. Speaker. Let

me just get my act together here just for a second. This one's green

light - I got the wrong bill. Huh. Here we go. Very simple

explanation. All right. Okay. This bill is a Chapter Amendment to

Chapter 686 of the Laws of 2023 relating to the -- okay. I got to get

myself on the right bill, excuse me.

ACTING SPEAKER AUBRY: Okay.

MR. MAGNARELLI: Okay. Relating to the use of

green lights by mobile crisis teams. The bill would change the entity

authorizing mobile crisis team members to use the green courtesy light

from the State Office of Mental Health or Office of Addiction

Services and Supports to a mobile team's director or person in a

similar role.

ACTING SPEAKER AUBRY: Mr. Goodell.

MR. GOODELL: Thank you, sir. Would the sponsor

yield?

ACTING SPEAKER AUBRY: Mr. Magnarelli, will

NYS ASSEMBLY JANUARY 31, 2024

you yield?

MR. MAGNARELLI: Yes, I will.

ACTING SPEAKER AUBRY: Mr. Magnarelli

yields, sir.

MR. GOODELL: Thank you, Mr. Magnarelli. I

should tell you that I can appreciate the challenges sometimes of being

on the right bill, and I have a full-time staff person who's assigned just

for that purpose. And even then --

MR. MAGNARELLI: You have many more to go

over than I do and I still fouled it up. How can that happen, huh?

MR. GOODELL: But even with a full-time staff

person, once in a while I discover that the Speaker's called up the

wrong bill.

(Laughter)

ACTING SPEAKER AUBRY: It's always my fault.

(Laughter)

MR. GOODELL: So, as I understand it from your

explanation, the original bill-in-chief would authorize the Office of

Mental Health -- the State Office of Mental Health, or the State Office

of Addiction Services and Support to authorize a green light for a

mobile crisis team. And this bill removes that approval process that

involves the State agencies and instead says that the local mobile

crisis team director could authorize green lights on cars, correct?

MR. MAGNARELLI: Correct.

MR. GOODELL: Why do we want to move the

NYS ASSEMBLY JANUARY 31, 2024

authority from the State agencies that are charged with the

responsibility of running those programs to a local crisis team

director?

MR. MAGNARELLI: I believe it's just easier to

manage and less burdensome to make sure that the people that need or

-- need to have these lights get to the crisis that they're going to will be

able to do so. And that the people who are managing them will make

those decisions.

MR. GOODELL: I see.

MR. MAGNARELLI: If they -- you know, if they

don't do it in a proper way it'll be revoked.

MR. GOODELL: And this -- that's the only change

in this?

MR. MAGNARELLI: That's the only change.

MR. GOODELL: Thank you, Mr. Magnarelli.

MR. MAGNARELLI: Thank you, sir.

MR. GOODELL: On the bill, sir.

ACTING SPEAKER AUBRY: On the bill Mr.

Goodell.

MR. GOODELL: Last year we had a significant

number of no votes because of a concern over the proliferation of

green lights. Under prior law, green lights were only allowed on

volunteer ambulances, and there was a great concern that if more and

more people started using green lights, the impact in terms of the

public's reaction when they see a green light will be dissipated. So

NYS ASSEMBLY JANUARY 31, 2024

prior to the bill-in-chief, you saw a green light, you know it was a

volunteer ambulance, you responded appropriately. And as more and

more green lights start appearing on the road, it becomes less and

impactful and, as a result, many of the volunteer firemen were very

opposed to this legislation.

The Chapter Amendment takes the original

legislation and essentially expands it by saying instead of being under

State supervision and going through that review, the local mobile

home -- mobile crisis director could issue authorization for green

lights with really no statutory guidance at all, and it takes a problem

that was identified last year and makes it, in my opinion, more likely

to occur and worse.

And so for those reasons, I will be opposing it and

recommend my colleagues do the same. Thank you, sir. And again,

thank you to Mr. Magnarelli for his explanation.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 180th

day.

ACTING SPEAKER AUBRY: A party vote has

been requested.

Mr. Goodell.

MR. GOODELL: Thank you, sir. The Republican

Conference is generally opposed, as we were last year, but if those

members here would like to support this, I certainly encourage them

to vote yes at their seat. Thank you, sir.

NYS ASSEMBLY JANUARY 31, 2024

ACTING SPEAKER AUBRY: Thank you.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker. The Majority Conference is generally going to be in favor of

this piece of legislation. However, there could be a few that would

desire to be an exception, they should feel free to do so at their seats.

ACTING SPEAKER AUBRY: Thank you.

The Clerk will record the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Page 37, Calender No. 273, the Clerk will read.

THE CLERK: Assembly No. A08491, Calendar No.

273, Magnarelli, Lupardo. An act to amend the Railroad Law, in

relation to requiring certain trains and locomotives to have a crew size

of not less than two persons.

ACTING SPEAKER AUBRY: An explanation is

requested, Mr. Magnarelli.

MR. MAGNARELLI: Thank you. And I think I

have the right bill this time.

This bill is a Chapter Amendment to Chapter 707 of

the Laws of 2023, which requires a minimum two-person crew to be

on board freight trains or freight locomotives operated by railroad

carriers with more than $20 million in annual operating revenue. The

NYS ASSEMBLY JANUARY 31, 2024

bill clarifies that a train must be moving hazardous material for the

crew requirement to apply.

ACTING SPEAKER AUBRY: Mr. Goodell.

MR. GOODELL: Thank you, sir. Would the sponsor

yield?

ACTING SPEAKER AUBRY: Mr. Magnarelli, will

you yield?

MR. MAGNARELLI: Yes.

ACTING SPEAKER AUBRY: Mr. Magnarelli

yields.

MR. GOODELL: Thank you, Mr. Magnarelli. The

bill-in-chief last year required a two-man crew on all of these trains as

you defined them, regardless of the cargo, correct?

MR. MAGNARELLI: Well, they must be

transporting hazardous material.

MR. GOODELL: And that's the Chapter

Amendment?

MR. MAGNARELLI: That's the Chapter

Amendment.

MR. GOODELL: So the Chapter Amendment took

the bill last year, which applied to all trains, and reduced it to only

those trains that are transporting hazardous material.

MR. MAGNARELLI: Correct.

MR. GOODELL: And what percent of trains

transport hazardous material?

NYS ASSEMBLY JANUARY 31, 2024

MR. MAGNARELLI: I would think just about all of

them.

MR. GOODELL: I would think so, too. Was -- I see

the definition of "hazardous material" references Federal regulations,

correct?

MR. MAGNARELLI: Yes.

MR. GOODELL: And so does that mean, then, that

if the United States Secretary of Transportation amends the regulation,

it automatically in effect amends New York State law, or amends the

scope of the New York State law?

MR. MAGNARELLI: Well, I think there are - this is

where the cases come in - I think those regulations have been

challenged in court and, as you know, we have one court going one

way and another court going another way, so the Federal question is

still a question.

MR. GOODELL: But -- I appreciate that, but the

definition of hazardous waste in this bill is based on regulations issued

by the U.S. Department of Transportation, correct?

MR. MAGNARELLI: So if they change the

definition for hazardous waste, is that -- hazardous material, that's

what you're talking about? Yes, it would change it.

MR. GOODELL: So the scope of a law adopted by

this Legislature depends on actions of an unelected bureaucrat in

Albany -- or in Washington, D.C.? But isn't -- doesn't the New York

State Constitution say that only this Legislature can make laws, not --

NYS ASSEMBLY JANUARY 31, 2024

we don't have the authority, do we, to delegate lawmaking authority

through a bureaucrat in Washington, D.C., do we?

MR. MAGNARELLI: I don't believe we're

delegating anything. The regulation is there. It's in existence now and

that's what we're alluding to. If it changes, we, of course, can come

back and do whatever we want.

MR. GOODELL: And does this statutory language

that you're proposing say as it exists currently?

MR. MAGNARELLI: I think it just says -- it just

recites it. It just recites the regulation.

MR. GOODELL: And so is it your intent that if this

is amended, this Legislature has to come back into Session and

readopt this section?

MR. MAGNARELLI: Doesn't have to, but it could.

MR. GOODELL: I see. I mean, my first

Constitutional concern is I think we cannot constitutionally delegate

lawmaking authority to a different governmental entity, or even the

bureaucrats, which this legislation does because if they change the

definition of hazardous waste it'll either make this law broader or

narrower without our vote. But the second concern I have is in Article

III -- sorry, Article III, Section 16 of the New York State Constitution

which states, No act shall be passed which shall provide that any

existing law, or any part thereof, shall be made or deemed to be made

part of the act, or which shall enact that any existing law, or part

thereof, shall be applicable, except by inserting it in the act. In other

NYS ASSEMBLY JANUARY 31, 2024

words, our State Constitution prohibits incorporation by reference.

And the reason we prohibit incorporation by reference, there's a

couple of great reasons. First of all, many of the members here in this

Chamber might not be really knowledgeable over what some other

incorporated statute states, or in this case, a Federal regulation.

Because although we have a great database here at our desks, that

database does not include Federal regulations, which means that no

one here on the floor of this Assembly can use our existing database

provided by the Assembly to even look up what this bill means. But

the second reason is because when you incorporate by reference, a

change in the reference law changes the meaning and scope of the

original law. How do we get around the constitutional prohibition on

incorporation by reference?

MR. MAGNARELLI: Well, I just disagree with you.

I don't believe that's what we're doing. I think it's very specific. It's

pointing to a specific part of the U.S. Code, and what they're doing is

just stating what -- not trying to define what hazardous substances are,

it's material designated as hazardous. So to me it's very specific and if

that list was increased because there are new things that come up, so

be it. And if there's something that we wanted to change because we

didn't feel that that was appropriate, we could do that. But right now

in passing this bill, you know exactly what's being done.

MR. GOODELL: Now, I see that the Federal

Railroad Administration initiated the proposed rulemaking dealing

specifically with this subject, and they initiated that proposed

NYS ASSEMBLY JANUARY 31, 2024

rulemaking in July of 2022. And according to the very recent posting

by the Office of Management and Budget, they anticipate the final

rule by the Federal Railroad Administration dealing with this subject

is anticipated in March of this year, in two months. Shouldn't we

simply wait two months and see what the Federal Railroad

Administration is proposing before we take action?

MR. MAGNARELLI: Well, my answer to that is no,

but I'll be looking for it.

MR. GOODELL: Along those lines, isn't that clear

that the Federal Railroad Administration has the ability to preempt

State Law on this subject, on railroad subjects?

MR. MAGNARELLI: Yes, it does.

MR. GOODELL: So we're asked to amend the law

and pass a Chapter Amendment today knowing that in two months

new rules will come out from the Federal Railroad Administration and

they may preempt what we're doing today and make what we're doing

today irrelevant.

MR. MAGNARELLI: Correct.

MR. GOODELL: Thank you, Mr. Magnarelli. As

always, I appreciate your time.

Sir, on the bill.

ACTING SPEAKER AUBRY: On the bill, Mr.

Goodell.

MR. GOODELL: Over the years, the railroad

industry has worked very hard to improve the efficiency of our

NYS ASSEMBLY JANUARY 31, 2024

railroads. And in that connection, all of our large railroad

locomotives have what's known as a dead-man switch, meaning if for

any reason the engineer loses consciousness or -- or has a problem and

lets go of the control, the train automatically stops. These movies

about runaway trains are for movies and not reality.

In addition, since 2020, the Federal Railroad

Commission has required that all trains and all train lines have what

are known as positive train control. And positive train control

automatically reduces the speed of the locomotive or stops the

locomotive when approaching curves or trains that may be stopped on

the track or other hazards. And so, the danger of an engineer losing

consciousness or not paying attention have been addressed and

addressed very effectively with technology.

So what this bill does is requires that every train

going through New York State with hazardous material, which the

sponsor I think correctly identified as virtually every train, has to have

twice as many crew members, which means we'd increase -- we

double the cost of engineers to the railroads, which means all of our

consumers will pay more. And I suspect that the sponsor is right

about his characterization that all trains likely carry hazardous

material because as suspected diesel itself is probably considered a

hazardous material, and each locomotive carries up to 5,000 gallons of

diesel. So you see a train going by with three locomotives, it could

have 15,000 gallons of diesel fuel.

Now, my residents are all saying, hey, what are you

NYS ASSEMBLY JANUARY 31, 2024

doing to reduce our costs? And what we're doing here is adding to

their cost one little slice at a time, 250 for this registration, new filing

fees for this, double cost for the train crew. And we do it knowing

that the Federal Government is going to issue rules on this issue and if

they can preempt anything we do and they can either require a

two-person train crew or prohibit it. So it seems to me that before we

double the costs of operating a train from a labor management

perspective, even though all these safety features are now incorporated

in every train and have been since 2020, maybe we should step back,

recognize the expertise of the Federal Railroad Commission that does

this work as experts instead of passing this legislation.

Now, I note the original bill had 27 no votes - I'm just

checking to make sure - 28 no votes. This Chapter Amendment

makes virtually no significant changes, and so I will not be supporting

it. Thank you, sir.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 30th

day.

ACTING SPEAKER AUBRY: A party vote has

been requested.

Mr. Goodell.

MR. GOODELL: Thank you, sir. The Republican

Conference is generally opposed. Some colleagues may support this

and, if so, they should vote yes on the floor. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

NYS ASSEMBLY JANUARY 31, 2024

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker. Member -- many of our Majority Conference have these

freight trains that ride through their neighborhoods on a regular basis,

we'd like to take the safety approach and support this piece of

legislation the entire Conference. However, there could be a few

people who want to be an exception, please feel free to do so.

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes.

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.

We will go to Page 13, Calendar No. 72 on consent.

The Clerk will read.

THE CLERK: Assembly No. A02479, Calendar No.

72, Hevesi, Epstein, Simon, McDonough, Clark, Alvarez, Jackson,

Raga, Seawright, Gibbs. An act to amend the Social Services Law, in

relation to the administration of the statewide central register of child

abuse and maltreatment.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: One minute. Hold

on.

NYS ASSEMBLY JANUARY 31, 2024

Mr. Goodell.

MR. GOODELL: I apologize, sir. Lay this bill aside,

please.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02500, Calendar No.

73, Paulin, Seawright, Epstein, Dinowitz, Hevesi, Gonz�lez-Rojas,

Jacobson, Davila, Simon, Steck, Lee, Weprin, Kelles, Ardila, Bores,

L. Rosenthal. An act to amend the Criminal Procedure Law, in

relation to the former crime of loitering for purpose of engaging in a

prostitution offense and expunging criminal records for persons

previously convicted of such crime.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02546, Calendar No.

74, Colton, Rivera, Cruz, Aubry, DeStefano, Dickens, Hyndman,

Williams, Taylor, Jacobson, Seawright, Bendett. An act to amend the

Vehicle and Traffic Law, in relation to parking infractions.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02570-A, Calendar

No. 75, Colton, L. Rosenthal, Walker, Cook, Seawright, Dickens,

Taylor, Glick, Williams, Rivera, Darling. An act to amend the Public

Authorities Law, in relation to providing notification to customers of

bed bug infestations on MTA subways, trains and buses.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02677-A, Calendar

No. 76, Rozic, Barrett, Bronson, Fahy, Hunter, Lupardo, Magnarelli,

NYS ASSEMBLY JANUARY 31, 2024

Otis, Santabarbara, Seawright, Simon, Steck, Stirpe, Zebrowski,

Wallace, Dickens, Vanel, Pheffer Amato, Lavine, Jean-Pierre, Kim,

Bichotte Hermelyn, Davila, Colton, L. Rosenthal, Williams, Carroll,

Epstein, Dinowitz, Paulin, Jones, Weprin, Peoples-Stokes, McMahon,

Friend, Reyes, Cruz, McDonough, Brabenec, Palmesano, Ra, Walsh,

Jacobson, Shimsky. An act to amend the Transportation Law, in

relation to a State transportation plan.

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. A02741, Calendar No.

78, Paulin, Septimo, Magnarelli, Gunther, Jacobson, McDonough,

DeStefano, Durso, K. Brown, Dickens. An act to amend the Insurance

Law, in relation to summaries of readable and understandable

insurance policies.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02794, Calendar No.

79, Paulin, Seawright, Bichotte Hermelyn, Sayegh, Simon. An act to

amend the Public Health Law, in relation to requiring the Department

of Health to develop and maternal health care providers to distribute

NYS ASSEMBLY JANUARY 31, 2024

written information about episiotomy to maternity patients.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 180th

day.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A02866, Calendar No.

81, Pheffer Amato, Jones, Wallace, Benedetto, Zinerman, Cruz,

Weprin, Otis, Sillitti. An act to amend the Insurance Law, in relation

to homeowners insurance deductibles triggers.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02882, Calendar No.

82, Dinowitz, Tapia, Weprin, Kelles, Forrest, Raga, Epstein. An act

to amend the Penal Law, in relation to warnings to be posted and

provided by firearms dealers.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02883, Calendar No.

83, Epstein, Santabarbara, Jacobson, Hunter, Simon, L. Rosenthal,

Seawright, Magnarelli, Glick, Cook, Reyes, Mitaynes, Cunningham.

An act to amend the Civil Practice Law and Rules, in relation to

requiring a certificate of merit in proceedings to recover possession of

NYS ASSEMBLY JANUARY 31, 2024

real property.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02898-A, Calendar

No. 84, Carroll, Epstein, Shimsky, Gonz�lez-Rojas, McDonald,

Dinowitz, Gallagher, Seawright, Jean-Pierre, Thiele, Cunningham,

Woerner, K. Brown, Forrest, Simon, Weprin, Magnarelli, Ardila,

McMahon, Hevesi. An act to amend the Insurance Law, in relation to

requiring certain insurance policies to cover neuropsychological

exams for dyslexia.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect January 1st.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A03102, Calendar No.

85, Magnarelli, Santabarbara, Paulin, Fahy, Shimsky, Darling, Thiele,

Kelles, Gunther, Levenberg, Sillitti. An act to amend the Vehicle and

Traffic Law, in relation to prohibiting the registration of certain

stretch limousines.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03177, Calendar No.

87, O'Donnell, Jackson. An act to amend the Criminal Procedure

NYS ASSEMBLY JANUARY 31, 2024

Law, in relation to grand jury proceedings.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03231, Calendar No.

89, Epstein. An act to amend the Alcoholic Beverage Control Law, in

relation to making the provisions governing the various on-premises

liquor licenses consistent with respect to public interest factors that

may be considered by the State Liquor Authority when evaluating the

merits of a licensee application.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03241, Calendar No.

90, Paulin, Gunther, L. Rosenthal, Woerner, Fahy, Taylor, Carroll,

Jacobson, Simon, Seawright, Sayegh, Burdick, Jean-Pierre,

Gonz�lez-Rojas, Forrest, Weprin, Levenberg, Bichotte Hermelyn. An

act to amend the Public Health Law and the Insurance Law, in relation

to premium reduction for obstetric practitioners who complete a risk

management strategies course.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03412-B, Calendar

No. 92, Epstein, Simon, Burdick, Seawright, Kelles, Gonz�lez-Rojas,

Meeks, Forrest, Mamdani, Cruz, Taylor, Carroll, Shrestha, Rivera,

Raga, Gibbs, Darling, Aubry, Pretlow, Gallagher, Ardila,

Cunningham, Anderson, Burgos, Bores, Walker, Levenberg,

Novakhov, Reyes, Septimo, De Los Santos, Solages, Jackson, Glick,

Simone, Chandler-Waterman, Alvarez, Bronson, Clark, L. Rosenthal,

Hevesi, Tapia, Mitaynes, Dickens, Zaccaro, Bichotte Hermelyn, Lee,

NYS ASSEMBLY JANUARY 31, 2024

Lucas, Otis, Dilan. Concurrent Resolution of the Senate and

Assembly proposing an amendment to Article 1 of the Constitution, in

relation to the abolition of slavery for persons convicted of crimes.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03499-A, Calendar

No. 93, Carroll, Stirpe, Reyes, Taylor, Dickens, DeStefano, Ramos,

Milkulin, Sayegh, Smith, Williams, Cook, Seawright, Reilly, Miller,

Rozic, Epstein, Cruz, Steck, Ra, Benedetto, Jacobson, Hyndman,

Thiele, Lavine, Stern, Jones, Buttenschon, Braunstein, Fall, Paulin, L.

Rosenthal, Wallace, Dilan, Aubry, Jean-Pierre, Darling, Walker,

Anderson, Jackson, Raga. An act to amend the General Business Law

and the Vehicle and Traffic Law, in relation to automobile broker

businesses.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03703, Calendar No.

94, Epstein, Carroll, Colton, Dickens, Dilan, Glick, Hevesi, Kim,

Peoples-Stokes, Pretlow, L. Rosenthal, Simon, Pheffer Amato,

Seawright, Reyes, Eachus, Lee, Cunningham. An act to amend the

Public Health Law, in relation to the closure of nursing homes.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03715-A, Calendar

No. 95, Paulin, Otis, Fahy, Jacobson, McDonald. An act to amend the

Not-for-Profit Corporation Law and the Public Authorities Law, in

relation to the applicability of open meetings and freedom of

information laws to certain not-for-profit corporations.

NYS ASSEMBLY JANUARY 31, 2024

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03769, Calendar No.

98, Pheffer Amato, Colton. An act to amend the Civil Service Law, in

relation to the appointment and promotion of supervisors of the fire

alarm dispatcher service.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03772, Calendar No.

99, Weinstein, Zebrowski, Seawright, Taylor, Dickens. An act to

amend the Mental Hygiene Law, in relation to requiring petitioners for

appointment of a guardian to identify other persons who may be able

to manage the affairs of an incapacitated person.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03798-A, Calendar

No. 100, L. Rosenthal, Weprin. An act to amend the Public Health

Law and the Education Law, in relation to authorizing emergency

medical service personnel to provide basic first aid to cats and dogs

under certain circumstances.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 365th

day.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

NYS ASSEMBLY JANUARY 31, 2024

The bill is passed.

Mrs. Peoples-Stokes for the purposes of a

introduction.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker. At the very end of our, at least floor work today, we have

the pleasure of introducing some students who are up above us from

the Northern Schoolhouse of Orange County. They're from

Middletown, New York, and they're represented by our colleague

Assemblymember Gunther. Could you please offer them the

cordialities of the House and welcome them, please.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mrs. Peoples-Stokes, the Speaker and all the members, we

welcome you here to the New York State Assembly. We extend to

you the privileges of the floor. Thank you for joining us. Hope you

have had a great trip here to Albany. Thank you very much.

(Applause)

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, do you

have any further housekeeping or resolutions?

ACTING SPEAKER AUBRY: We do have one

resolution here, Mrs. Peoples-Stokes, and we will take it up with one

vote, and I recommend all members to read this. It's an extraordinary

story in this resolution.

On the resolution, all those in favor signify by saying

aye; opposed, no. The resolution is adopted.

NYS ASSEMBLY JANUARY 31, 2024

(Whereupon, Assembly Resolution No. 821 was

unanimously approved.)

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, could you

please recognize Mr. Jacobson for the purposes of an announcement?

ACTING SPEAKER AUBRY: Mr. Jacobson for the

purposes of a announcement.

MR. JACOBSON: Well, it's that time again. We're

going to have conference for the Majority right after Session in

Hearing Room C.

ACTING SPEAKER AUBRY: Thank you, Mr.

Jacobson.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: I now move that the

Assembly stand adjourned until Thursday, February the 1st, tomorrow

being a legislative day, and that we reconvene at 2:00 p.m., February

the 5th, Monday being a Session day.

ACTING SPEAKER AUBRY: The Assembly stands

adjourned.

(Whereupon, at 12:02 p.m., the Assembly stood

adjourned until Thursday, February 1st, Thursday being a legislative

day, and to reconvene on Monday, February 5th at 2:00 p.m., Monday

being a Session day.)