THURSDAY, MARCH 21, 2024 10:32 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 Wednesday, March the 20th.

Mrs. Peoples-Stokes.

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

dispense with the further reading of the Journal of Wednesday, March

the 20th and ask that the same stand approved.

NYS ASSEMBLY MARCH 21, 2024

ACTING SPEAKER AUBRY: Without objection, so

ordered.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, sir.

Colleagues and guests that are in the Chambers, we are going to share

a quote with you today from Audre Lorde. She's over here

somewhere. Here she is, Audre Lorde. "You cannot, you cannot use

someone else's fire. You can only use your own. And in order to do

that, you must be first willing to believe that you have it." Again,

these words from Audre Lorde. She is an American writer and a

professor of philosophy.

Members have on their desks, Mr. Speaker, a main

Calendar, and after any introductions or housekeeping we are going to

take up Calendar Resolutions on Page 3, immediately followed by two

bills on consent; Calendar No. 269 on Page 29 by Mr. Hevesi and

Calendar No. 354 on Page 33 by Ms. Paulin. And upon completion of

those bills, we're going to go right to continuing consent from our

main Calendar where we left off beginning with Calendar No. 187, it's

on Page 25. There may be a need for additional floor work as we

proceed, Mr. Speaker. If so, I'll be pleased to advise you all of that;

however, we should be -- definitely be aware from the Minority

Conference perspective that we will be calling on Mr. Jacobson at

some point for the purposes of a conference. That is where we are

right now, Mr. Speaker. If you have any housekeeping or

introductions, now would be a great time, sir.

NYS ASSEMBLY MARCH 21, 2024

ACTING SPEAKER AUBRY: No housekeeping.

No introductions.

(Applause)

You don't know how happy I am.

(Laughter)

On Page 3, Resolutions, Assembly No. 997, the Clerk

will read.

THE CLERK: Assembly No. 997, Mr. Lemondes.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim March 21, 2024, as Forest Day in the State

of New York.

ACTING SPEAKER AUBRY: Mr. Lemondes on the

resolution.

MR. LEMONDES: Thank you, Mr. Speaker. Thank

you, colleagues. In recognition of Forest Day, which stems from the

United Nations International Day of Forest established in 2012 and the

Empire State Forest Products Association which has represented our

forests since 1906 with the simple purpose of recognizing forests and

forests products for their inherit beauty and essential contributions to

healthy living and biodiversity, and to serve as a simple reminder for

all communities from national to local, to organized forest-related

activities like tree planting, educational seminars and excursions, so

those unaccustomed to the value of forests can be exposed to their

natural beauty and participate in their conservation. Forests purify the

air we breathe, the water we drink, prevent erosion and our most

NYS ASSEMBLY MARCH 21, 2024

significant offer to climate change that we have. They are home to a

vast array of flora and fauna species worldwide and provide essential

human necessities from timber and food to medicinal plants. Known

as the lungs of the earth, forests are giant sponges taking in CO2 and

giving us back clean oxygen. They give us wood for construction,

paper and furniture and provide approximately 45 percent of the

world's renewable heating energy while sequestering approximately

26.5 million metric tons of CO2 a year or 82 percent of all

sequestration from forests, farms and wetlands alike equaling 40

percent of all gasoline vehicular emissions statewide. Last,

specifically for New York, forests cover 64 percent of the state's

landmass totaling 19 million acres of which -- three-quarters of which

or 14.4 million acres are privately-owned by 700,000 owners. The

forest industry employs nearly 100,000 people generating 6.2 billion

in total labor income and accounts for 9 percent of all manufacturing

employment ranking fifth in the state in that category. The forest

product industry further generates direct economic impact of 13.1

billion with a total economic impact of 23 billion. Additionally,

forest-based recreation contributes 8.2 billion for the State economy

while employing nearly 32,000 people earning an average of 62,000

per year. Building on New York's legacy of forest land -- forest land

stewardship which has generated -- regenerated a rate of

two-and-a-half times the harvest rate over the last 50 years. An

extraordinary opportunity lies in investing more deeply and assisting

private forest landowners and the forest products industry to secure

NYS ASSEMBLY MARCH 21, 2024

and sustain the multiple benefits forests provide to multiple users. As

a segment of the agriculture industry, which is the largest industry in

our state, it is critically important to recognize the significance they

bring to us. Ladies and gentlemen, enjoy your state's very own Forest

Day. Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you.

On the resolution, all those in favor signify by saying

aye; opposed, no. The resolution is adopted.

THE CLERK: Assembly No. 998, Mr. Durso.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim March 21, 2024, as Essential Workers Day

in the State of New York.

ACTING SPEAKER AUBRY: Mr. Durso on the

resolution.

MR. DURSO: Thank you, Mr. Speaker. Today I

want to thank everybody for recognizing today as Essential Worker

Day in the State of New York. Essential Worker Day is observed to

express the gratitude to all the essential workers whose contributions

go unrecognized, unnoticed and oftentimes underappreciated.

Essential workers are the driving force to our everyday economy, keep

our state and country running, and as we've seen, are so important to

our everyday lives. As we witnessed during the pandemic, these

workers were vital to making sure our everyday lives kept moving

forward, and still to this day are underappreciated and oftentimes

forgotten. Workers in the energy field, childcare, sanitation,

NYS ASSEMBLY MARCH 21, 2024

agriculture, supermarkets, transportation, police, fire and emergency

services; corrections officers, critical trades, nurses, doctors and so

many more all put themselves in harm's way during our most scary

and critical times, and we owe them a debt of gratitude for keeping

our everyday lives running.

Mr. Speaker, I want to thank you for allowing me to

honor these men and women for the crucial role they play in our lives

and thank this Chamber for their recognizing the essential workers on

this day. Thank you, Mr. Speaker.

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: Assembly No. 999, Ms. Jackson.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim March 22, 2024, as Water Day in the State

of New York.

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

THE CLERK: Assembly No. 1000, Ms. Rosenthal.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim 8:30 p.m. through 9:30 p.m. on Saturday,

March 23, 2024, as Earth Hour 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

NYS ASSEMBLY MARCH 21, 2024

adopted.

THE CLERK: Assembly No. 1001, Mr. McDonald.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim April 6, 2024, as Missing Person's Day in

the State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

THE CLERK: Assembly No. 1002, Ms. Walsh.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim April 9, 2024, as Yellow Ribbon Day in the

State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

THE CLERK: Assembly No. 1003, Ms. Walsh.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim March 21, 2024, as Down Syndrome

Awareness Day in the State of New York.

ACTING SPEAKER AUBRY: On the resolution,

Ms. Walsh.

MS. WALSH: Thank you very much, Mr. Speaker.

So good morning to my colleagues. Today is World Down Syndrome

Day, March 21st and the date was chosen due to the triplication of the

21st chromosome which is what causes Down Syndrome. I've been

NYS ASSEMBLY MARCH 21, 2024

honored to carry this resolution since 2020. And the purpose of Down

Syndrome Day is to raise awareness worldwide of Down Syndrome

and to promote the rights and overall well-being of those living with

this disability, and it's important to celebrate and embrace diversity

and to help lift those with Down Syndrome up, not just today but

every day. The CDC has reported that Down Syndrome is the most

common chromosomal disorder with about 1 out of every 700 babies

diagnosed. And the theme this year of World Down Syndrome

Awareness Day is End the Stereotypes, as stereotypes placed on those

with Down Syndrome can stop those individuals with being able to be

treated as individuals with unique abilities, and those with Down

Syndrome are too often treated like children. They're excluded or

abused and this year's theme emphasizes the need to stop that. It's

important to remember everyone, including those with Down

Syndrome. It's different with individual needs, identities, interests and

talents. And I'd also like to say that, and I recognize my colleague in

the Chamber right now, Assemblymember Cruz, has a wonderful bill,

Assembly Bill No. 7267 which would permanently designate March

21st as Down Syndrome Day. So that's passed the Senate and I'd love

to see it pass this Chamber as well. Thank you very much, Mr.

Speaker.

ACTING SPEAKER AUBRY: Thank you, Ms.

Walsh.

On the resolution, all those in favor signify by saying

aye; opposed, no. The resolution is adopted.

NYS ASSEMBLY MARCH 21, 2024

We will be on Page 29, Calendar No. 269, the Clerk

will read.

THE CLERK: Assembly No. A08322-A, Calendar

No. 269, Hevesi. An act to amend the Social Services Law, in relation

to the establishment and powers and duties of the council on children

and families.

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.

Page 33, Calendar No. 354, the Clerk will read.

THE CLERK: Assembly No. A08247-C, Calendar

No. 354, Paulin, Sayegh. An act to amend the Public Health Law, in

relation to the supervision of intravenous administration of contrast

media by a radiographer.

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.

NYS ASSEMBLY MARCH 21, 2024

(The Clerk announced the results.)

The bill is passed.

Page 25, Calendar No. 187, the Clerk will read.

THE CLERK: Assembly No. A06517-A Calendar

No. 187, Eachus, Otis, Wallace, Walsh. An act to amend the

Executive Law, in relation to the establishment of a specialized

electric vehicle emergency response training program.

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. A06541, Calendar No.

188, Kelles, Lupardo, Jacobson, Santabarbara, Meeks, Otis, Epstein,

Weprin, Simon, Seawright, Buttenschon, Steck. An act to amend the

Civil Rights Law, in relation to waiving the state's sovereign immunity

to claims under the Americans with Disabilities Act of 1990, the Fair

Labor Standards Act of 1938, the Age Discrimination in Employment

Act of 1967, and the Family and Medical Leave Act.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A06549, Calendar No.

189, Rajkumar, Weprin, Sayegh, Santabarbara. An act to amend the

NYS ASSEMBLY MARCH 21, 2024

General Business Law, in relation to requiring motor vehicle dealers

to search for recalls and make certain repairs prior to selling a used

motor vehicle.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A06601, Calendar No.

190, Reyes, Anderson, Rivera, Dinowitz, Gallagher, Cruz, Seawright,

Zinerman, Forrest, Simon. L. Rosenthal, Mitaynes, Lavine, Weprin,

Raga, Ardila, Tapia. An act to amend the Banking Law, in relation to

prohibiting state chartered banking institutions from investing in and

providing financing for private prisons.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A06680, Calendar No.

191, Paulin, Sillitti, Woerner, Lupardo, Lavine, Simpson, Walsh,

Simon, McDonald, Stirpe, Beephan, Buttenschon, Otis, Miller,

McDonough, Lunsford. An act to amend the General Business Law,

in relation to prohibiting unsolicited telemarketing sales calls during

certain declared states of emergency.

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.

NYS ASSEMBLY MARCH 21, 2024

THE CLERK: Assembly No. A06834-A, Calendar

No. 194, Jean-Pierre, Pheffer Amato. An act to amend Chapter 154 of

the Laws of 1921, relating to the Port Authority of New York and

New Jersey, in relation to military leave for all represented and

non-represented persons employed by the Port Authority of New York

and New Jersey.

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. A06924, Calendar No.

195, Hunter, Peoples-Stokes. An act in relation to the study of

utilization of state government payments as an opportunity to

transition unbanked and underbanked state residents into the banking

system.

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.

NYS ASSEMBLY MARCH 21, 2024

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A07041-A, Calendar

No. 197, Sillitti. An act in relation to authorizing Saddle Rock

Minyan to file an application for retroactive real property tax

exemption.

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. A07085, Calendar No.

198, Paulin, Gibbs, Zinerman, Septimo. An act to amend the Public

Health Law, in relation to requiring nursing homes to designate

dedicated storage spaces for the storage of the bodies of deceased

persons.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A07154, Calendar No.

199, McDonald, Simone, Tapia. An act to amend the Public Health

Law, in relation to adult immunization reporting requirements.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A07166-A, Calendar

NYS ASSEMBLY MARCH 21, 2024

No. 200, Otis, Burdick, Paulin, Rozic, Sayegh, Seawright, Simon,

Thiele, Zebrowski, Jacobson, Shimsky. An act to amend the Public

Service Law, in relation to the contents of emergency response plans

required to be submitted to the public service commission by electric

corporations.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A07167, Calendar No.

201, Solages. An act to amend the Personal Property Law, in relation

to prohibiting certain provisions in retail lease agreements.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A07173, Calendar No.

202, Jean-Pierre, Raga, Eachus, Santabarbara, Buttenschon, Reilly.

An act to amend the Veterans' Services Law, in relation to requiring

all state agencies to appoint veterans' liaisons.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 90th

day

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A07264, Calendar No.

203, Peoples-Stokes, Thiele, Anderson, Zinerman, L. Rosenthal,

NYS ASSEMBLY MARCH 21, 2024

Jacobson, Lunsford, Shrestha, Shimsky, Gunther, Weprin, Colton,

Raga, Kelles, Simon, Epstein, Seawright, Hevesi, McDonald, Solages,

Santabarbara, Bichotte Hermelyn, Forrest, Bronson, Levenberg, Clark,

Lucas, Paulin, Stirpe. An act to amend the General Municipal Law, in

relation to the awarding of certain purchase contracts to purchase

food.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A07270, Calendar No.

204, McDonald. An act in relation to permitting the City of Troy to

retroactively extend a real property tax exemption to Hillside

Redevelopment Associates.

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.)

ACTING SPEAKER ZACCARO: Are there any

other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A07271, Calendar No.

205, McDonald. An act in relation to permitting the City of Troy to

retroactively extend a real property tax exemption to T.R.I.P.

Redevelopment Associates.

ACTING SPEAKER ZACCARO: Read the last

NYS ASSEMBLY MARCH 21, 2024

section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER ZACCARO: The Clerk will

record the vote.

(The Clerk recorded the vote.)

ACTING SPEAKER AUBRY: Are there any other

votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A07348, Calendar No.

206, Dickens. An act to amend the Family Court Act, in relation to

notices given to respondents in child abuse and neglect proceedings in

family court.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 60th

day.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A07353, Calendar No.

207, Hunter, Peoples-Stokes. An act to amend the Banking Law, in

relation to authorizing New York chartered banking institutions to

NYS ASSEMBLY MARCH 21, 2024

exercise powers authorized to banking institutions chartered in other

states, subject to the approval of the superintendent of financial

services.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A07428-A, Calendar

No. 209, Hunter. An act to amend the Banking Law in relation to

removal and prohibition of directors, trustees, officers, members or

partners of certain entities; and to repeal certain provisions of such

law related thereto.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A07464-A, Calendar

No. 210, Weinstein, Dinowitz, Gibbs, L. Rosenthal, Eachus. An act to

amend the Civil Practice Law and Rules, in relation to renewals based

on a subsequent change in law.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

NYS ASSEMBLY MARCH 21, 2024

(The Clerk recorded the vote.)

Mr. Goodell to explain his vote.

MR. GOODELL: Thank you, sir. This is an

interesting bill. What this bill provides is that if a party appeals up to

the Court of Appeals and they get a ruling from the Court of Appeals

which sends the case presumably back to the lower court for further

action, that if the Legislature acts between the time the Court of

Appeals rules and the time it's finally resolved in the lower court, that

you can again appeal to the Court of Appeals based on legislative

action that may have changed the law. The problem is that when you

begin a lawsuit, it's an action between two parties based on the law

that exists at that time. And if you're entitled to a judgment based on

the law at the time you begin the lawsuit, the lawsuit should be

resolved and the rights of the parties should be resolved based on the

law at the time the lawsuit was commenced, not based on something

that might happen later. And it raises really serious due process issues

if in the middle of a trial after the Court of Appeals has already

rendered the decision on what the law is, that you can pull the rug out

from all the litigants and say oh, never mind, and that's what this does.

I'm not sure it's even constitutional in terms of a due process issue but

it is certainly inappropriate and I think and unfair to our litigants. We

want to keep in mind the Court of Appeals only rules on issues of law,

they don't rule on issues of fact. And so, if you've invested in a

lawsuit and you've brought an action and it's gone all the way up to

the Court of Appeals and you may have invested thousands of dollars

NYS ASSEMBLY MARCH 21, 2024

in legal time and effort to get a ruling and the Court of Appeals agrees

with you on the law, that should be the law for that case. And that's

what this legislation would eliminate and I think inappropriately.

Thank you, sir. I'm voting no.

ACTING SPEAKER AUBRY: Thank you.

Mr. 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 further housekeeping or resolutions?

ACTING SPEAKER AUBRY: No housekeepings,

but we have a number of fine resolutions. We'll take them up with

one vote.

On the resolutions, all those in favor signify by saying

aye; opposed, no. The resolutions are adopted.

(Whereupon, Assembly Resolution Nos. 1004, 1005

and 1006 were unanimously approved.)

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: If you could call on Mr.

Jacobson for the purposes of an announcement.

ACTING SPEAKER AUBRY: Mr. Jacobson for the

purposes of a announcement.

MR. JACOBSON: The Majority will have a

NYS ASSEMBLY MARCH 21, 2024

conference immediately and hopefully a quick conference

immediately after Session in Hearing Room C.

ACTING SPEAKER AUBRY: Majority Conference

in Hearing Room C immediately.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: I now move that the

Assembly stand adjourned until Friday, March the 22nd, tomorrow

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

the 25th, Monday being a Session day.

ACTING SPEAKER AUBRY: The Assembly stands

adjourned.

(Whereupon, at 11:58 a.m., the Assembly stood

adjourned until Friday, March 22nd, Friday being a legislative day,

and to reconvene on Monday, March 25th at 2:00 p.m., Monday being

a Session day.)