THURSDAY, MARCH 9, 2023 12:52 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 WEDNESDAY, MARCH 8TH, MRS. PEOPLES-STOKES.

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

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY, MARCH

THE 8TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

NYS ASSEMBLY MARCH 9, 2023

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: COLLEAGUES AND GUESTS

THAT ARE IN THE CHAMBERS, IF I COULD PLEASE HAVE YOUR ATTENTION. THANK

YOU, SIR. THANK YOU, SIR. MR. SPEAKER, COLLEAGUES AND GUESTS THAT ARE

IN THE CHAMBERS I'D LIKE TO BEGIN TODAY BY SHARING A QUOTE FROM

VICE-PRESIDENT KAMALA HARRIS. MS. HARRIS IS AN ATTORNEY WHO

REPRESENTED THE STATE OF CALIFORNIA AS AN ATTORNEY GENERAL AS WELL AS A

UNITED STATES SENATOR. SHE IS NOW THE FIRST FEMALE PRESIDENT --

VICE-PRESIDENT AND THE HIGHEST-RANKING FEMALE OFFICIAL IN THE UNITED

STATES OF AMERICA IN ITS ENTIRE HISTORY. SHE IS OF AFRICAN-AMERICAN

AND ASIAN DESCENT. HER WORDS FOR US TODAY, WHAT'S IMPORTANT FOR MY

DAUGHTER TO KNOW IS THAT IF YOU ARE FORTUNATE ENOUGH TO HAVE AN

OPPORTUNITY, IT IS YOUR DUTY TO MAKE SURE THAT OTHER PEOPLE HAVE THOSE

OPPORTUNITIES AS WELL. AGAIN, MR. SPEAKER, THOSE WORDS FROM OUR OWN

VICE-PRESIDENT KAMALA HARRIS WHO MANY KNOW ONE OF THE MAJOR

FEATURES THAT SHE LIKES TO WEAR ON A REGULAR BASIS IS "CHUCKS" AND

PEARLS. THERE IS A NATIONAL DAY THAT HAPPENS AROUND THAT LATER IN THE

YEAR WHICH OUR CHAIR OF OUR LEGISLATIVE WOMEN'S CAUCUS WILL HANDLE AT

SOME OTHER POINT BUT "CHUCKS" AND PEARLS ARE EMBLEMATIC OF KAMALA

HARRIS.

COLLEAGUES AND MEMBERS HAVE ON THEIR DESK A MAIN

CALENDAR. AFTER ANY INTRODUCTIONS AND/OR HOUSEKEEPING WE'LL BE

CALLING FOR THE FOLLOWING COMMITTEES OFF THE FLOOR IN THE SPEAKER'S

CONFERENCE ROOM: GOVERNMENTAL OPERATIONS AS WELL AS RULES. THESE

NYS ASSEMBLY MARCH 9, 2023

COMMITTEES WILL PRODUCE AN A-CALENDAR WHICH WE ARE GOING TO TAKE

UP TODAY. WE'RE GOING TO BEGIN OUR WORK IN THE INTERIM, MR. SPEAKER,

ON THE FLOOR BY FIRST TAKING UP RESOLUTIONS ON PAGE 3. WE WILL THEN

CONTINUE WHERE WE LEFT OFF ON YESTERDAY BY CONSENTING NEW BILLS ON THE

MAIN CALENDAR BEGINNING WITH CALENDAR NO. 24 WHICH IS ON PAGE 8.

THERE MAY BE A NEED FOR ADDITIONAL FLOOR ACTIVITY TO BE ANNOUNCED, MR.

SPEAKER. I WILL DO SO SHOULD THAT BE NECESSARY. HOWEVER, MAJORITY

MEMBERS SHOULD BE SURE AND AWARE THAT THERE WILL BE A NEED FOR A

CONFERENCE AT THE CONCLUSION OF OUR WORK TODAY ON THE FLOOR AND AS

CONDUCT WE WILL CONSULT WITH OUR COLLEAGUES ON THE OTHER SIDE OF THE

AISLE TO DETERMINE THEIR NEEDS. THAT'S THE GENERAL OUTLINE OF WHERE

WE'RE GOING, MR. SPEAKER. IF YOU HAVE INTRODUCTIONS OR HOUSEKEEPING

NOW WOULD BE A GREAT TIME. THANK YOU, SIR.

ACTING SPEAKER AUBRY: WE HAVE

INTRODUCTIONS BY MR. MCDONALD.

MR. MCDONALD: THANK YOU, MR. SPEAKER. IT IS

MY HONOR TO WELCOME TO THE CHAMBER THE WATERFORD-HALFMOON GIRL'S

SOCCER TEAM ALONG WITH THEIR HEAD COACH MEGHAN REYNOLDS AND THE

ATHLETIC DIRECTOR MICHAEL ROBBINS. THIS PAST FALL THE

WATERFORD-HALFMOON HIGH SCHOOL GIRL'S SOCCER TEAM ENDED A VERY

SUCCESSFUL SEASON FINISHING WITH AN OVERALL RECORD OF 22 AND 1 AND

CAPPED THEIR HISTORIC SEASON OFF WITH A 6-3 TRIUMPHANT VICTORY TO

BECOME THE NEW YORK STATE CLASS C GIRLS SOCCER CHAMPIONS. I AM

VERY PROUD OF THESE YOUNG WOMEN FOR WHAT THEY HAVE ACCOMPLISHED.

I'M GOING TO RALLY THEIR NAMES OFF VERY QUICK. MADDALYN ATWOOD,

NYS ASSEMBLY MARCH 9, 2023

BAYLY BEAUREGARD, SOPHIA BELONGA, IMANI BLOOMFIELD, CARLY CORDTS,

EMILY COSTELLO, ADDYSON GALUSKI, PAYTON GALUSKI, ZOE GRENNON,

DONELLA JORDAN, SARAH KELLY, CASSIDY MCCLEMENT, PIPER MORRIS,

BAYLEE NOTO, MIA O'BRIEN, ALEXANDRA PHELPS, SAMARA ROBERTS AND

ISABELLA VECCHIO. YOU HEARD ABOUT THE ONE BLEMISH THEY HAD THIS YEAR

- ONE LOSS - WHICH ACTUALLY HAPPENED TO BE IN MY HOMETOWN OF

COHOES, BY THE WAY. BUT MR. SPEAKER, AS LIFE HAS TAUGHT US MANY

TIMES, SOMETIMES WE TAKE A STEP BACK WHICH IT ONLY PROPELS US

FORWARD. PLEASE EXTEND THE COURTESIES OF THE HOUSE TO THE CLASS C

STATE CHAMPIONS WATERFORD-HALFMOON GIRLS SOCCER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. MCDONALD, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON A MARVELOUS SEASON.

THERE'S NOTHING LIKE BEING CHAMPIONS, IS THERE? JUST ABSOLUTELY MAKES

THE DAY FOR US, BUT KNOW THAT YOU WILL BE CHAMPIONS IN LIFE IF YOU TAKE

THE LESSONS THAT YOU'VE LEARNED IN ACHIEVING IT ATHLETICALLY AND APPLY

THEM TO THE LIFE LESSONS OF EDUCATION, WORK, ALL OF THOSE THINGS THAT ARE

PART OF IT, BUT YOU HAVE A GREAT START. CONGRATULATIONS AND YOU ARE

ALWAYS WELCOME HERE.

(APPLAUSE)

MRS. PEOPLES-STOKES FOR THE PURPOSE OF A

ANNOUNCEMENT.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE CALL THE GOVERNMENT [SIC] OPERATIONS COMMITTEE TO THE

NYS ASSEMBLY MARCH 9, 2023

SPEAKER'S CONFERENCE ROOM FOR A MEETING.

ACTING SPEAKER AUBRY: ABSOLUTELY.

GOVERNMENT [SIC] OPERATIONS TO THE SPEAKER'S CONFERENCE ROOM

IMMEDIATELY, THANK YOU. AND WE WILL MOVE TO PAGE 3 ON RESOLUTIONS.

ASSEMBLY NO. 163, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 163, MS. JOYNER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 2ND, 2023, AS READ ACROSS AMERICA

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.164, MS. LUPARDO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 20TH - 24TH, 2023, AS AGRICULTURE

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 NO. 165, MR. SLATER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 6TH, 2023, AS DENTIST'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

NYS ASSEMBLY MARCH 9, 2023

ADOPTED.

THE CLERK: ASSEMBLY NO. 166, MR. MCGOWAN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 10TH, 2023, AS BAGPIPE DAY IN THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. MCGOWAN ON THE

RESOLUTION, SIR.

MR. MCGOWAN: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO ADDRESS THIS CHAMBER AND MY COLLEAGUES ON THIS

RESOLUTION. IT'S IMPORTANT THAT WE AS A BODY RECOGNIZE AND CELEBRATE

THE MANY CULTURAL AND HISTORIC CONTRIBUTIONS TO OUR STATE AND I AM

PROUD TO SPONSOR THIS RESOLUTION TODAY PROCLAIMING MARCH 10TH, 2023

AS BAGPIPE DAY IN THE STATE OF NEW YORK. I'VE BEEN A BAGPIPER FOR THE

LAST 20 YEARS WITH THE ROCKLAND COUNTY ANCIENT ORDER OF HIBERNIANS

BAGPIPE BAND, WHICH IS AN IRISH BAGPIPE UNIT. I'VE PLAYED THE

BAGPIPES AND I'VE MARCHED THROUGHOUT NEW YORK STATE INCLUDING THE

ST. PATRICK'S DAY PARADE IN NEW YORK CITY, THE ROCKLAND COUNTY ST.

PATRICK'S DAY PARADE, WHICH IS THE SECOND LARGEST ST. PATRICK'S DAY

PARADE IN NEW YORK STATE BEHIND ONLY NEW YORK CITY. I'VE MARCHED

IN WESTCHESTER COUNTY AND THROUGHOUT THE LOWER HUDSON VALLEY,

NEWPORT, RHODE ISLAND, NEW JERSEY AND PENNSYLVANIA. AND IN 2016 I

PLAYED THE BAGPIPES AND MARCHED IN DUBLIN AND BELFAST IN IRELAND TO

COMMEMORATE THE 100TH ANNIVERSARY OF THE EASTER RISING.

THE BAGPIPE IS AN ANCIENT INSTRUMENT BELIEVED TO HAVE

ORIGINATED IN OR AROUND 400 BC IN EGYPT AND WHILE TODAY IT'S MOST

NYS ASSEMBLY MARCH 9, 2023

OFTEN ASSOCIATED WITH SCOTTISH AND IRISH CULTURES, IT HAS BEEN PLAYED

THROUGHOUT THE WORLD INCLUDING PAKISTAN AND SPAIN. THERE ARE VARYING

TYPES OF BAGPIPES OR PIPE INSTRUMENTS WHICH CONSISTS OF A BAG OR AN AIR

BLADDER THAT WHEN SQUEEZED FORCES AIR THROUGH A SET OF PIPES CALLED THE

DRONES AND A CHANTER WHICH PRODUCES DIFFERENT NOTES THAT ARE PLAYED AS

A MELODY AGAINST A STEADY OR CONCERT HARMONIC NOTE SOUND PRODUCED

THROUGH THE DRONES. AGAIN, MOST PEOPLE ASSOCIATE BAGPIPES TODAY WITH

THE GREAT HIGHLAND BAGPIPE OF SCOTLAND WHICH IS THE INSTRUMENT THAT I

PLAY. BAGPIPES WE HEARD IN CELEBRATIONS INCLUDING WEDDINGS, PARADES,

CITY CELEBRATIONS AND OTHER FESTIVE OCCASIONS. BUT BAGPIPES ARE ALSO

PLAYED AT MORE SOMBER EVENTS INCLUDING FUNERALS AND MEMORIAL

SERVICES ESPECIALLY FOR FALLEN SERVICEMEN AND WOMEN, POLICE OFFICERS,

FIREFIGHTERS AND OTHER FIRST RESPONDERS. SO AS AN ASSEMBLYMAN

REPRESENTING A LARGE IRISH AND IRISH AMERICAN COMMUNITY IN ROCKLAND

COUNTY DISTRICT 97, I AM PROUD TO INTRODUCE THIS RESOLUTION AND

RECOGNIZE BAGPIPES FOR ITS CONTRIBUTION TO OUR DIVERSE AMERICAN

CULTURE. 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.167, MS. BARRETT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 5TH - 11TH, 2023, AS SCHOOL SOCIAL

WORKER WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. JACKSON ON THE

NYS ASSEMBLY MARCH 9, 2023

RESOLUTION.

ONE MINUTE, THANK YOU.

PROCEED.

MS. JACKSON: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SPEAK ON THIS RESOLUTION. THE MONTH OF MARCH WE'RE

CELEBRATING SOCIAL WORKERS AND THIS WEEK IN PARTICULAR WE ARE

CELEBRATING SCHOOL SOCIAL WORKERS. AND BEFORE I BECAME AN

ASSEMBLYMEMBER I HAD THE PRIVILEGE OF BEING A HIGH SCHOOL SOCIAL

WORKER IN THE NEW YORK CITY PUBLIC SCHOOL SYSTEM. IT WAS AN

AMAZING, REWARDING JOB BUT IT WAS EXTREMELY HARD BECAUSE THESE YOUNG

PEOPLE WERE DEALING WITH A MULTITUDE OF ISSUES. AND DURING COVID,

LIKE A NUMBER OF MY COLLEAGUES AT THAT TIME, WE WERE DOING A LOT OF

GRIEF COUNSELING NOT JUST FOR STUDENTS BUT ALSO FOR TEACHERS, ALSO FOR

FAMILIES. SO OUR SOCIAL WORKERS ARE NOT JUST DOING THE JOB THAT THEY ARE

ASSIGNED TO, BUT THE JOB THAT THEIR CALLING HAS ASSIGNED THEM TO. SO I

SAY THANK YOU TO EVERY SINGLE SOCIAL WORKER THAT'S OUT THERE BUT IN

PARTICULAR, DURING THIS WEEK, WE ARE SAYING THANK YOU TO OUR SCHOOL

SOCIAL WORKERS. 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.

PAGE 8, CALENDAR NO. 22 -- 24, EXCUSE ME, 24. THE

CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01368-A, CALENDER

NO. 24, ROZIC, COLTON, RIVERA, L. ROSENTHAL. AN ACT TO AMEND THE

NYS ASSEMBLY MARCH 9, 2023

PUBLIC SERVICE LAW, THE GENERAL BUSINESS LAW AND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO THIRD-PARTY NOTIFICATION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01777, CALENDAR NO.

25, LAVINE, COLTON, GLICK, SAYEGH, SEAWRIGHT, TAYLOR, VANEL, STIRPE.

AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE INSURANCE LAW, IN

RELATION TO HEALTH CARE PROFESSIONAL APPLICATIONS AND TERMINATIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01923, CALENDAR NO.

26, WALKER, EPSTEIN. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION

TO THE DEFINITION OF "DIRECT RELATIONSHIP" FOR THE PURPOSES OF ARTICLE

23-A OF THE CORRECTION LAW REGARDING THE LICENSURE AND EMPLOYMENT

OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02177, CALENDAR NO.

27, EPSTEIN, GALLAGHER, STECK, JACKSON, FORREST, BURDICK, CLARK,

MAGNARELLI. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO

REQUIRING DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION TO MAKE

CERTAIN BIENNIAL DISCLOSURES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02183, CALENDAR NO.

28, DINOWITZ. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO THE CRIME

OF COMPUTER TAMPERING IN THE THIRD DEGREE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02304, CALENDAR NO.

NYS ASSEMBLY MARCH 9, 2023

29, PAULIN. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION

TO REQUIRING AN OFFICIAL INSPECTION STATION TO POST A SIGN OR POSTER

INFORMING CUSTOMERS THAT IT IS NOT AUTHORIZED TO INSPECT CERTAIN

VEHICLES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02556, CALENDAR NO.

30, WALKER. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO

CONTRIBUTION AND RECEIPT LIMITATIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02811, CALENDAR NO.

31, D. ROSENTHAL, STIRPE, STECK, SEAWRIGHT, L. ROSENTHAL, JACOBSON,

DURSO. AN ACT TO REPEAL CERTAIN PROVISIONS OF THE INSURANCE LAW

RELATING TO ANTI-ARSON APPLICATIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY MARCH 9, 2023

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02878, CALENDAR NO.

32, AUBRY, KIM, TAYLOR, FORREST, BURGOS, REYES, HEVESI, FAHY,

O'DONNELL, MITAYNES, ANDERSON, MAMDANI, JACKSON, CLARK, SIMON,

GONZ�LEZ-ROJAS, SEAWRIGHT, CARROLL, GALLAGHER, DARLING, BURDICK,

CRUZ, EPSTEIN, HUNTER, MEEKS, WEPRIN, KELLES, L. ROSENTHAL, OTIS,

COOK, DINOWITZ, SEPTIMO, GIBBS, DICKENS, GLICK, DAVILA, HYNDMAN,

PRETLOW, RAMOS, TAPIA, LUNSFORD, ARDILA, SIMONE, RAGA, SHIMSKY,

ALVAREZ. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO

MOTIONS TO VACATE JUDGMENT; AND TO REPEAL CERTAIN PROVISIONS OF SUCH

LAW RELATING THERETO.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02892, CALENDAR NO.

33, BORES. AN ACT TO AMEND THE CHAPTER OF THE LAWS OF 2022

AMENDING THE INSURANCE LAW RELATING TO THE PROVISIONS OF

SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE TO PERSONS WHO ARE INSURED

FOR LOSS RESULTING FROM THE OWNERSHIP, MAINTENANCE AND USE OF A MOTOR

VEHICLE, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 9367 AND A.1029,

IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

NYS ASSEMBLY MARCH 9, 2023

ADVANCED. AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03057, CALENDAR NO.

34, CRUZ, ARDILLA. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

RELATION TO REQUIRING THE COURT, PRIOR TO ACCEPTING A PLEA, TO ADVISE THE

DEFENDANT OF THE RISK OF DEPORTATION IF HE OR SHE IS NOT A CITIZEN.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03102, CALENDAR NO.

35, MAGNARELLI, SANTABARBARA, PAULIN, FAHY, SHIMSKY, DARLING, THIELE,

KELLES. 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. A03227, CALENDAR NO.

36, PAULIN, GONZ�LEZ-ROJAS, ROZIC. AN ACT TO AMEND CHAPTER 802 OF

THE LAWS OF 1947, RELATING TO FACILITATING THE FINANCING AND EFFECTUATION

OF AIR TERMINALS BY THE PORT OF NEW YORK AUTHORITY, IN RELATION TO

INFORMATION CONCERNING SERVICES FOR HUMAN TRAFFICKING VICTIMS IN

LACTATION ROOMS.

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.)

NYS ASSEMBLY MARCH 9, 2023

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03245-A, CALENDAR

NO. 37, PAULIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN

RELATION TO REQUIRING BUSINESSES TO NOTIFY CONSUMERS OF AN UPCOMING

AUTOMATIC RENEWAL OR CONTINUOUS SERVICE CHARGE THIRTY DAYS PRIOR TO

SUCH CHARGE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03683, CALENDAR NO.

38, ZEBROWSKI. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO

COMPLAINT PROCEDURES AND RETAILING BILLING RECORDS FOR A CERTAIN PERIOD

OF TIME.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03691-A, CALENDAR

NO. 39, THIELE. AN ACT TO AMEND THE CHAPTER 672 OF THE LAWS OF 1993,

AMENDING THE PUBLIC AUTHORITIES LAW RELATING TO THE CONSTRUCTION AND

FINANCING OF FACILITIES FOR CERTAIN PUBLIC LIBRARIES, IN RELATION TO

INCLUDING THE SHELTER ISLAND PUBLIC LIBRARY.

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 9, 2023

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU

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

FOR THE PURPOSE OF A MEETING.

ACTING SPEAKER AUBRY: CERTAINLY. RULES

COMMITTEE, SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.

CALENDAR NO. 40, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03693, CALENDER NO.

40, WEPRIN. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

CALCULATING AN INSURED INDIVIDUAL'S OVERALL CONTRIBUTION TO ANY

OUT-OF-POCKET MAXIMUM OR ANY COST-SHARING REQUIREMENT; AND TO

AMEND A CHAPTER OF THE LAWS OF 2022 AMENDING THE INSURANCE LAW

RELATING TO CALCULATING AN INSURED INDIVIDUAL'S OVERALL CONTRIBUTION TO

ANY OUT-OF-POCKET MAXIMUM OR ANY COST-SHARING REQUIREMENT, AS

PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 5299-A AND A. 1741-A, IN

RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK WILL RECORD THE VOTE.)

ACTING SPEAKER ZACCARO: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MARCH 9, 2023

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: BILL NO. A03720, CALENDAR NO. 41,

PAULIN. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

INFORMATION CONCERNING SERVICES FOR HUMAN TRAFFICKING VICTIMS.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

ACTING SPEAKER ZACCARO: 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. A03777, CALENDAR NO.

42, PAULIN. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION TO

MAKING A TECHNICAL CORRECTION TO THE DESIGNATION OF THE ANIMAL SHELTER

REGULATION FUND.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK WILL RECORD THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MARCH 9, 2023

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: BILL NO. A04011, CALENDAR NO. 43,

WEPRIN. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO REQUIRING

THE SUPERINTENDENT OF FINANCIAL SERVICES TO PROMULGATE REGULATIONS

WHICH PROVIDE STANDARDIZED DEFINITIONS FOR COMMONLY USED TERMS AND

PHRASES IN CERTAIN INSURANCE POLICIES.

ACTING SPEAKER ZACCARO: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A04862, CALENDAR NO.

44, ARDILA, COLTON. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

PROVIDING EMPLOYERS WITH THE OPPORTUNITY TO REGISTER FOR EMERGENCY

ALERTS FROM THE STATE OF NEW YORK PUBLIC SAFETY ALERT MASS NOTIFICATION

SYSTEM.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 30 DAYS.

ACTING SPEAKER ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MR. ARDILA TO EXPLAIN

HIS VOTE.

MR. ARDILA: THANK YOU, MR. SPEAKER. THIS BILL

SEEKS TO IMPROVE THE DISTRIBUTION OF INFORMATION OF EMERGENCY

INFORMATION TO EMPLOYERS ACROSS THE STATE. IT ALLOWS THEM THE

NYS ASSEMBLY MARCH 9, 2023

OPPORTUNITY TO REGISTER TO THE STATEWIDE EMERGENCY -- EMERGENCY --

ACTING SPEAKER AUBRY: ONE MINUTE, MR.

ARDILA. PLEASE, LADIES AND GENTLEMAN, MEMBER IS EXPLAINING HIS VOTE.

I'D APPRECIATE IT IF YOU WOULD KEEP THE CHATTER DOWN. PROCEED, SIR.

MR. ARDILA: THIS BILL ALLOWS THE OPPORTUNITIES FOR

EMPLOYERS TO REGISTER WITH THE STATE'S MASS PUBLIC SAFETY ALERT

NOTIFICATION SYSTEM. OFTEN TIME THERE IS A LACK OF REALTIME INFORMATION

BEING DISBURSED TO THE PUBLIC THAT RESULTS IN DELAYS, WEATHER

CONDITIONS, STORM SURGES, AND NOW WE HAVE THE OPPORTUNITY TO ALLOW

REALTIME INFORMATION TO BE DISBURSED TO THOSE IN THE GENERAL PUBLIC. SO

I VOTE YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. ARDILA IN THE

AFFIRMATIVE. THANK YOU, SIR.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. COLLEAGUES HAVE COMPLETED THEIR COMMITTEE WORK. THERE'S

AN A-CALENDAR. WOULD YOU PLEASE ADVANCE IT, SIR?

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.

PAGE 3, RESOLUTIONS. THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 162, MR. HEASTIE.

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING TO

NYS ASSEMBLY MARCH 9, 2023

IMPLEMENT, PURSUANT TO AND IN COMPLIANCE WITH THE PROVISIONS OF

ARTICLE 7 OF THE PUBLIC OFFICERS LAW, A SYSTEM OF VIDEOCONFERENCING TO

CONDUCT MEETINGS.

ACTING SPEAKER AUBRY: AN EXPLANATION HAS

BEEN REQUESTED.

MR. MCDONALD.

MR. MCDONALD: THANK YOU, MR. SPEAKER. THIS

JOINT RESOLUTION IS THE NEXT STEP WE NEED TO TAKE AS REQUIRED BY A STATUTE

THIS BODY ENACTED LAST YEAR TO PERMIT VIDEO CONFERENCE ATTENDANCE FOR

MEMBERS OF THE STATE LEGISLATURE UNDER CERTAIN CIRCUMSTANCES. AS A

REMINDER LAST YEAR, WE ESTABLISHED PROCEDURES FOR ALL LOCAL

GOVERNMENTS TO CONDUCT VIDEO CONFERENCING ABILITIES THAT THEY'VE BEEN

ABLE TO ADDRESS IF THEY CHOSE TO AT THE LOCAL GOVERNMENT LEVEL. THIS IS A

STEP THAT WE ARE REQUIRED TO DO. IT'S IMPORTANT TO NOTE THAT WE WERE

REQUIRED TO HAVE A PUBLIC HEARING OF WHICH THAT WAS HELD ON MARCH 1ST

OF WHICH WE RECEIVED TESTIMONY, AND OUR NEXT STEP IS TO CONSIDER THIS

RESOLUTION ALONG WITH THE SENATE. THE CONTENTS OF THE RESOLUTION ARE

VERY SIMPLE AND STRAIGHTFORWARD, AND THEN THE SPEAKER WILL PUBLISH,

PROVIDED WE HAVE SUPPORT, OUR OWN SPECIFIC PROCEDURES ON EXACTLY

HOW THIS PROCESS WILL WORK.

ACTING SPEAKER AUBRY: MR. DURSO.

MR. DURSO: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. MCDONALD, WILL

YOU YIELD?

NYS ASSEMBLY MARCH 9, 2023

MR. MCDONALD: MR. SPEAKER, NORMALLY I DON'T

TOLERATE PEOPLE TALKING BEHIND MY BACK BUT FOR MR. DURSO I WILL ALLOW

IT.

(LAUGHTER)

ACTING SPEAKER AUBRY: IT IS A TRUE SIGN OF

BIPARTISANSHIP THAT YOU'LL KEEP --

MR. MCDONALD: ABSOLUTELY.

ACTING SPEAKER AUBRY: MR. DURSO, HE YIELDS.

MR. DURSO: THANK YOU, MR. MCDONALD. AND

NORMALLY I DON'T LIKE PEOPLE HAVING THEIR BACK TO ME, BUT IN THIS CASE

WE'LL AGREE ON THIS. JUST A COUPLE OF QUICK QUESTIONS FOR YOU, SIR. CAN

YOU GIVE AN EXAMPLE -- I THINK WE ALL AGREE THAT THIS RESOLUTION IS

NEEDED IN CERTAIN CIRCUMSTANCES, OBVIOUSLY. BUT CAN YOU GIVE A BETTER

EXAMPLE, MAYBE IN YOUR MIND, OF WHAT MOST CASES YOU FEEL WILL FALL

UNDER THIS RESOLUTION AND WHO WILL BE ABLE TO USE IT?

MR. MCDONALD: WELL, LET ME FIRST SHARE WHAT IS

WRITTEN THAT WE PASSED LAST YEAR. WE USED THE TERMINOLOGY

EXTRAORDINARY CIRCUMSTANCES. AND IN THE LEGISLATION IT GIVES

EXAMPLES: DISABILITY, ILLNESS, CAREGIVING RESPONSIBILITIES, OR ANY OTHER

SIGNIFICANT OR UNEXPECTED FACTOR WHICH PRECLUDES THE MEMBER'S

PHYSICAL ATTENDANCE AT A MEETING.

MR. DURSO: THANK YOU FOR THAT EXPLANATION. SO IF

THIS RESOLUTION OBVIOUSLY IS TO GO THROUGH AND THEN THE RULES ARE MADE

LATER, IN YOUR MIND IF A VALID EXCUSE IS GIVEN AND APPROVED BY THE

LEGISLATURE FOR SOMEONE TO -- FOR SAY MISS BEING HERE, BUT A MEMBER AT

NYS ASSEMBLY MARCH 9, 2023

THAT POINT TAKES ADVANTAGE OF THIS RESOLUTION, THIS RULE, AS WE STATED

BEFORE IN COMMITTEE, WE WERE TALKING ABOUT EVERYBODY HERE IS ADULTS,

RIGHT? AND IF SOMEONE WANTS TO - I THINK YOU HAD SAID IT - IF SOMEONE

WANTS TO SAY THEY'RE SICK AND END UP AT THE ST. PATRICK'S DAY PARADE

THAT'S ON THEM AND IT'S UP TO THE VOTERS. BUT IS THERE ANY LEVEL OF - FOR

LACK OF A BETTER WORD - PUNISHMENT FOR THE MEMBER IF THEY ARE SAYING I

AM SICK OR I AM DOING SUCH AND SUCH OR I HAVE THIS ISSUE AND THEN

THEY'RE SEEN OUT WHILE WE'RE IN SESSION AND THEY'RE TAKING A VOTE BUT

THEN THEY ARE SEEN OUT WHETHER IT'S ON A TRAIN, IN A PARADE, AT THE PARK,

ANYTHING LIKE THAT.

MR. MCDONALD: SO PUNISHMENT IS ALWAYS AN

INTERESTING WORD. AND I DON'T KNOW IF I WANT TO DRAW ON THAT TOO

MUCH.

MR. DURSO: WELL, I SAID LACK OF A BETTER WORD,

EXCUSE ME.

MR. MCDONALD: YEAH, I KNOW, I KNOW. MAYBE

IT'S -- SO THE REALITY IS IS THAT OUR SPEAKER AND THE MINORITY LEADER WILL

HAVE TO SIT DOWN. I THINK THE SPEAKER WILL PUT FORTH A -- A PRACTICE OF

RULES. AND I'M NOT GOING TO GET INTO EXACTLY WHAT THAT LOOKS LIKE, THAT'S

UP TO OUR LEADERSHIP TO FIGURE THAT OUT. AND IT'S INCUMBENT UPON ALL OF

US. YOU KNOW WE ARE ALL ELECTED OFFICIALS. WE ARE RESPONSIBLE

PRIMARILY TO OUR CITIZENS WHO VOTED FOR US. ONE SHOULD BE MINDFUL OF

THE FACT THAT INCLUDED IN THE LEGISLATION WE PASSED FOR VIDEO

CONFERENCING, IT IS REQUIRED THAT WITHIN FIVE DAYS A VIDEO OF THIS

MEETING THAT WAS HELD, WHICH SOMEBODY MAY HAVE PARTICIPATED IN

NYS ASSEMBLY MARCH 9, 2023

VIDEO CONFERENCING, IS UPLOADED TO A WEBSITE. AND BY THE WAY, IT HAS A

STAYING POWER OF FIVE YEARS. SO ANY ELECTED OFFICIAL -- AND THIS DOESN'T

APPLY JUST TO THIS HOUSE. THIS APPLIES TO ANY ELECTED OFFICIAL AT THE

VILLAGE LEVEL, CITY, COUNTY, TOWN, SAY WHAT YOU WANT. THE BOTTOM LINE

IS YOUR PARTICIPATION IS GOING TO BE VIDEO RECORDED FOR FIVE YEARS. SO

JUST THINK OF ANY POTENTIAL OPPONENTS, ANY GROUPS THAT MIGHT HAVE IT OUT

FOR YOU, ANYBODY. THE MEDIA SOMETIMES ACTUALLY PAYS ATTENTION TO

THESE THINGS. SO YOU KNOW, I JUST THINK IN PRACTICE, I -- I TRUST THE

SPEAKER AND THE MINORITY LEADER TO ESTABLISH WITH THEIR RESPECTED

MEMBERS A PROCESS. THEY WILL BE RESPONSIBLE FOR MARSHALLING THAT FOR

THE MAJORITY OF THE TIME. BUT AT THE SAME TOKEN WE ARE ACCOUNTABLE TO

THE PUBLIC AND I DON'T THINK WE SHOULD FORGET THAT.

MR. DURSO: THANK YOU, SIR. JUST ANOTHER QUICK

QUESTION. TO YOUR KNOWLEDGE AT THIS POINT, HAS THERE BEEN DISCUSSIONS

OR ANY WAY OF HOW THESE -- HOW ANYBODY WHO REQUESTS THIS WILL BE

APPROVED AS FAR AS THE PROCEDURE THAT GOES FORWARD?

MR. MCDONALD: I DO NOT KNOW OF ANY EXACT

PROCEDURES AT THIS TIME. I THINK THAT'S SOMETHING THAT RIGHT NOW WE'RE

KIND OF IN THE MIDDLE OF A BUDGET SO I DON'T KNOW IF IT'S GOING TO COME

TO PASS VERY QUICKLY, BUT I DEFER TO THE SPEAKER AND THE MINORITY

LEADER TO FIGURE THAT OUT.

MR. DURSO: OKAY. SO SINCE THERE IS NO PROCEDURE

SET AS OF THIS TIME, HAS THERE BEEN DISCUSSIONS ON PROTOCOL AS FAR AS

VOTES IN THE CHAMBER, COMMITTEE MEETINGS OR DEBATE ONLINE?

MR. MCDONALD: THERE HAS NOT BEEN.

NYS ASSEMBLY MARCH 9, 2023

MR. DURSO: OKAY. ALL RIGHT. THANK YOU, SIR.

IF I COULD SPEAK ON THE RESOLUTION FOR A QUICK SECOND.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. DURSO: THANK YOU, MR. MCDONALD, I

APPRECIATE IT. AGAIN, MR. SPEAKER, I THINK WE ALL UNDERSTAND THE NEED

FOR THIS OBVIOUSLY IN CERTAIN CIRCUMSTANCES. WE'VE HAD A COUPLE OF

CIRCUMSTANCES HERE IN THIS CHAMBER ALONE WITH ALL OUR MEMBERS THAT I

THINK THIS RULE COMES IN EFFECT I THINK IT'S A GOOD THING. BUT OBVIOUSLY

ANY RULE LIKE THIS COULD BE TAKEN ADVANTAGE OF AND THAT'S WHAT I DON' T

THINK ANY OF US HERE WANT TO HAPPEN. NOBODY WANTS TO TAKE ADVANTAGE

OF THE RULES THAT ARE SET FORTH. BUT JUST A QUICK REMINDER AS WE ARE TO

MAKE THESE RULES GOING FORWARD AND THE -- THE -- THE TWO -- TWO SIDES OF

THE AISLE THEY WILL COME TOGETHER AND MAKE A DECISION ON HOW THESE

THINGS ARE DONE. THE ONE THING I WANT EVERYBODY TO KEEP IN MIND IS

THAT, LIKE I SAID, MOST OF US WANT TO DO THE RIGHT THING, NOT SAYING

ANYBODY DOESN'T, BUT WE ARE PAID BY THE TAXPAYERS. WE DO HAVE A JOB

TO DO. AND THEY EXPECT US TO BE HERE AND DO OUR JOBS IN THE BEST WAY

POSSIBLE. AND AGAIN, I'M NOT SAYING IN CERTAIN CIRCUMSTANCES THAT YOU

CAN'T BE HERE AND BE EXCUSED FOR OBVIOUSLY GOOD REASON AND WE ALL

KNOW WHAT THEY ARE, BUT JUST -- I WANT ALL THE MEMBERS TO BE AWARE THAT

AGAIN, TAKING ADVANTAGE OF THESE RULES IS NOT JUST TAKING ADVANTAGE OF

THIS CHAMBER. IT'S TAKING ADVANTAGE OF YOUR VOTERS, IT'S TAKING

ADVANTAGE OF THE TAXPAYERS THAT PAY OUR SALARIES AND THAT WE SHOULD ACT

LIKE ADULTS AND DO THE RIGHT THING IF THESE RULES COME TO PASS. SO THANK

YOU, MR. SPEAKER.

NYS ASSEMBLY MARCH 9, 2023

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD FOR A FEW MORE QUESTIONS?

ACTING SPEAKER AUBRY: MR. MCDONALD, WILL

YOU YIELD?

MR. MCDONALD: OF COURSE.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MS. WALSH: AND I'M GLAD THAT WE'RE IN A STRAIGHT

LINE, NOBODY IS IN FRONT OF ANYBODY ELSE.

MR. MCDONALD: THAT'S THE WAY IT'S ALWAYS BEEN,

MARY BETH.

MS. WALSH: THAT'S RIGHT, THAT'S RIGHT.

SO ONE OF MY QUESTIONS HAS TO DO WITH JUST THE

WORDING OF IT AS IT IS. BECAUSE THERE ARE A LOT OF "ORS" IN THERE RATHER

THAN "ANDS" IN THE WAY THAT IT'S WORDED. SO, YOU NEED TO SHOW

EXTRAORDINARY CIRCUMSTANCES OR A SIGNIFICANT FACTOR OR AN UNEXPECTED

FACTOR OR EVENT THAT PRECLUDES ATTENDANCE. I JUST WANT TO MAKE THAT

CLEAR. YOU DON'T HAVE TO SHOW THAT IT'S EXTRAORDINARY AND SIGNIFICANT

AND UNEXPECTED, THOSE ARE ALL "ORS."

MR. MCDONALD: THERE'S NO MATRIX IF THAT'S WHAT

YOU'RE ASKING.

MS. WALSH: PARDON?

MR. MCDONALD: THERE'S NO MATRIX.

MS. WALSH: THERE'S NO MATRIX.

MR. MCDONALD: DOESN'T MEAN YOU HAVE TO GET

NYS ASSEMBLY MARCH 9, 2023

TWO OUT OF THREE.

MS. WALSH: RIGHT, EXACTLY. SO I JUST WANT TO RUN

THROUGH JUST A COUPLE OF JUST HYPOTHETICALS THAT HAVE COME TO MY MIND

BECAUSE I THINK, YOU KNOW, WE'VE -- LISTEN, WE'VE HAD MEMBERS WHO

HAVE HAD SIGNIFICANT ILLNESS THAT WOULD HAVE PRECLUDED THEM, DID

PRECLUDE THEM FROM PARTICIPATING IN THE CHAMBER AND MAYBE THEY

WOULD HAVE HAD DAYS WHERE THEY -- THEIR TREATMENTS AND THEIR THERAPIES

WOULD HAVE STILL ALLOWED THEM TO PARTICIPATE VIRTUALLY AND I'M VERY

SENSITIVE TO THAT THAT THOSE MEMBERS STILL HAD SOMETHING TO GIVE BUT

BECAUSE THEY COULDN'T BE HERE IN ALBANY THEY COULDN'T GIVE IT. AND

THAT I THINK HARMED -- HARMED THIS BODY I THINK IT HARMED THE PEOPLE

WHO PUT -- WHO PUT THEM THERE. SO I'M VERY -- I'M VERY SENSITIVE TO

THAT. OTHER THINGS, THOUGH, LIKE FOR EXAMPLE CAREGIVING

RESPONSIBILITIES. WHAT IS -- WHAT IS THE THINKING OR THE DISCUSSION OR

THE RATIONALE BEHIND A CAREGIVING RESPONSIBILITY IS GETTING IN THE WAY OF

YOUR PERSONAL ATTENDANCE HERE IN ALBANY?

MR. MCDONALD: YOU KNOW, THAT'S A GOOD

QUESTION AND I WILL LEAVE THAT TO THE RULES THAT THE SPEAKER AND

MINORITY LEADER WILL IMPLEMENT IN REGARDS TO WHAT IS THAT GOING TO BE.

YOU KNOW, AND I APPRECIATE THE FACT THAT, YOU KNOW, WHAT'S NOT LOST IN

THIS DISCUSSION IS OBVIOUSLY IT'S IMPORTANT FOR EVERYONE TO BE PHYSICALLY

PRESENT. BUT IT'S ALSO IMPORTANT THAT IN THE UNIQUE EXTRAORDINARY

CIRCUMSTANCE THAT THE PEOPLE THAT THEY REPRESENT ARE ACTUALLY BEING

REPRESENTED HERE IN ALBANY ONE WAY OR THE OTHER. SO I DEFER TO THE

SPEAKER AND -- AND THE MINORITY LEADER ON HOW THEY COME TO THAT

NYS ASSEMBLY MARCH 9, 2023

DISCERNMENT BECAUSE, YOU KNOW, THE DEFINITION OF FAMILY IS IT CHANGES

AS THE DAY GOES ON SOMETIMES. YOU KNOW, WE KNOW, WE CAN

UNDERSTAND WHEN SOMEBODY IS HELPING AN ELDERLY PERSON THROUGH

CHEMOTHERAPY IT'S UNDERSTANDABLE, WE CAN UNDERSTAND WHEN A CHILD IS

SICK AND I MEAN GOING THROUGH A VERY SIGNIFICANT ILLNESS. THAT IS

SOMETHING THAT WE HAVE TO RECOGNIZE, IT'S 2023 NOT 1923 AND TIMES

HAVE CHANGED AND THE WORKPLACE HAS CHANGED. BUT TO YOUR ANSWER TO

THAT I CAN'T GIVE IT A HUNDRED PERCENT BECAUSE THAT'S UP TO THE GUYS WHO

MAKE THE RULES.

MS. WALSH: MM-HMM, I UNDERSTAND. FOR -- FOR

INDIVIDUALS WHO APPLY FOR BUT ARE NOT GIVEN PERMISSION BY THE SPEAKER

OR BY THE MINORITY LEADER TO UTILIZE THIS VIDEO CONFERENCING TECHNIQUE,

THE STATEMENT OF VOTING IS STILL AVAILABLE TO THAT -- TO THAT MEMBER

THOUGH, CORRECT?

MR. MCDONALD: RIGHT. THEY WILL BE MARKED AS

ABSENT FOR THAT DAY IF THEY DO NOT -- AND IT'S WORTH NOTING THAT, YOU

KNOW, IF THEY APPLY WHATEVER THE PROCESS IS HERE NOW BECAUSE AS MR.

DURSO ASKED WHAT IS THE PROCESS, I DON'T KNOW WHAT THE DETAILS ARE BUT

THEY WILL DEFINITELY A PROCESS WILL BE CONTACT MADE WITH SOMEBODY

DESIGNATED BY THE SPEAKER OR THE MINORITY LEADER. GOD FORBID THEY

WANT TO BE DEALING WITH THIS ALL DAY LONG.

MS. WALSH: YEAH.

MR. MCDONALD: AND THEN IT HAS TO BE

DOCUMENTED THAT THEY WERE ALLOWED TO PARTICIPATE BY VIDEO

CONFERENCING, WHICH I THINK IS IMPORTANT TO NOTE.

NYS ASSEMBLY MARCH 9, 2023

MS. WALSH: WELL, THAT LEADS ME ACTUALLY TO MY

NEXT QUESTION. I JUST WANT TO BE SURE THAT I UNDERSTOOD THAT. SO THE --

THE INSTANCES WHERE VIDEO CONFERENCING IS GRANTED, THE INDIVIDUAL WHO

REQUESTED IT AND WAS GRANTED, DATE, TIME, I'M ASSUMING THAT THERE WILL

BE SOME TYPE OF DATA THAT WILL BE COLLECTED AND MAINTAINED BY BOTH

SIDES OF THE AISLE AS TO THE FREQUENCY AND WHO WAS UTILIZING THE

PROCEDURE; IS THAT CORRECT?

MR. MCDONALD: THERE'LL BE A PROCESS TO

DOCUMENT A REQUEST WAS MADE AND THAT A REQUEST WAS ANSWERED.

MS. WALSH: AND WILL THAT BE A MATTER OF PUBLIC

RECORD?

MR. MCDONALD: THAT I DON'T KNOW.

MS. WALSH: WOULD THAT BE SUBJECT TO FOIL?

MR. MCDONALD: IT'LL BE IN THE MINUTES. IT'LL BE

REFLECTED IN THE MINUTES WHO WAS PARTICIPATING BY VIDEO CONFERENCE.

MS. WALSH: VERY GOOD. OKAY, THANK YOU VERY

MUCH, MR. MCDONALD.

MR. MCDONALD: THANK YOU.

MS. WALSH: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: THANK YOU. SO AS I SAID, YOU KNOW, I

HAVE A -- I HAVE A -- I -- I CAN PERSONALLY THINK OF MEMBERS THAT

STRUGGLED, REALLY STRUGGLED TO BE HERE IN ALBANY WHEN DEALING WITH A

SERIOUS ILLNESS OF A CHILD, THEIR OWN SERIOUS ILLNESS, AND VARIOUS OTHER

NYS ASSEMBLY MARCH 9, 2023

MATTERS. SO WE -- I THINK WE'VE ALL RECOGNIZED OVER THE LAST FEW YEARS

AND THE OPERATIONS OF THE BODY THROUGH THE PANDEMIC THAT CERTAINLY

WHEN I CONTRACTED COVID AND I WAS WELL ENOUGH TO PARTICIPATE IN

SESSION BUT NOT WELL ENOUGH OR CAPABLE OF BEING HERE IN PERSON, I

APPRECIATED THE FACT THAT I COULD VIDEO CONFERENCE IN AND NOT MISS ANY

VOTES AND BE ABLE TO BE HERE BECAUSE WE WERE STILL WITHIN THAT STATE OF

EMERGENCY AND THAT WAS THE PROCEDURE OF THE HOUSE. SO I -- I DID

PERSONALLY BENEFIT FROM BEING ABLE TO DO THAT AND I FELT LIKE, YOU KNOW,

THAT IS THE ONE DAY I THINK WITHIN THE SIX-PLUS YEARS THAT I'VE BEEN HERE

THAT I'VE NEEDED TO DO THAT BUT IT WAS GOOD THAT I COULD. SO I'M MINDFUL

OF THAT AS WELL. I THINK REALLY KIND OF WE SAY A LOT OF TIMES HERE THAT THE

DEVIL IS IN THE DETAILS. I THINK IT'S REALLY GOING TO COME DOWN TO THE

WAY THAT THIS IS IMPLEMENTED TO SEE IF IT'S -- IF IT'S GOING TO WORK WELL

AND I'M GRATEFUL THAT THIS IS GOING TO BE DONE AS A -- ON A TRIAL BASIS

WITH A TRIAL RUN ENDING JULY1ST, 2024 TO KIND OF SEE HOW IT WORKS. AND

I HOPE IT WORKS WELL, YOU KNOW. I HOPE THAT -- BECAUSE I -- I THINK

OVERALL I'VE BEEN MAYBE DISMAYED IS TOO STRONG A WORD BUT I'VE BEEN A

LITTLE DISCOURAGED THAT COMING OUT OF THE PANDEMIC SOME RECENT RULES

HAVE MADE IT LESS LIKELY THAT WE'RE ALL GOING TO BE HERE IN THE CHAMBER

AND WE'VE SPOKEN ABOUT THAT JUST SINCE WE'VE STARTED IN JANUARY. I

THINK THE TREND HAS BEEN WITH THE EMPTY SEAT VOTING AND NOW THIS THAT

THERE WILL BE FEWER OF US HERE TO DO THE PEOPLE'S WORK. AND I DO THINK

THAT THERE IS A REAL BENEFIT IN TERMS OF COLLABORATION AND CAMARADERIE

AND JUST PROFESSIONALISM THAT WE ALL RECOGNIZE THAT IN ORDER TO SERVE

HERE WE REALLY DO NEED TO BE HERE. AND THAT IF YOU CAN'T BE HERE ON A

NYS ASSEMBLY MARCH 9, 2023

REGULAR BASIS THEN MAYBE THIS IS NOT THE KIND OF PUBLIC SERVICE THAT'S FOR

YOU. AND MAYBE YOU NEED TO THINK ABOUT SOME OTHER WAY TO SERVE

YOUR COMMUNITY AND YOUR STATE. BUT WITH THAT BEING SAID, I'M LEANING

TOWARDS SUPPORTING THIS MEASURE ON A TRIAL BASIS AND HOPE THAT IT WILL

BE IMPLEMENTED PROPERLY AND HOPE THAT IT'S REALLY UTILIZED ONLY WHEN

ABSOLUTELY NECESSARY. SO THANK YOU VERY MUCH, MR. SPEAKER, AND

THANK YOU TO THE SPONSOR FOR YOUR ANSWERS.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

MR. DIPIETRO.

MR. DIPIETRO: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: MR. MCDONALD, WILL

YOU YIELD?

MR. MCDONALD: YES, I WILL.

ACTING SPEAKER AUBRY: SPONSOR YIELDS, SIR.

MR. DIPIETRO: THANK YOU, SIR. JUST ON THE

CAREGIVER. I UNDERSTAND THE HEALTH ISSUE JUST WHILE YOU GUYS WE'RE

PUTTING THIS BILL TOGETHER. DID IT EXTEND -- WERE THE CONVERSATIONS ALSO

FOR CHILDREN? I'VE GOT TWO OLDER -- MY MOTHER AND FATHER-IN-LAW

EIGHTIES, FAILING HEALTH. WAS THAT DISCUSSED? AND ALSO ANYTHING ABOUT

PETS? SOMEONE MENTIONED THAT BEFORE AND I WAS WONDERING IS THERE

ANYTHING ABOUT PETS ON THE CAREGIVER? I KNOW THAT WE'RE GOING TO BE

PUTTING UP -- YOU'RE GOING TO BE DISCUSSING (INAUDIBLE). I JUST

WONDERED IF YOU HAD ANY EXTRA THOUGHTS HERE.

NYS ASSEMBLY MARCH 9, 2023

MR. MCDONALD: SO, YOU KNOW, I HAVE NOT HAD

DISCUSSIONS WITH THE SPEAKER ON HOW THIS IS IN PRACTICE. SO I DON'T

KNOW WHAT IT'S GOING TO BE. I DO RECALL LAST YEAR WE COLLECTIVELY PASSED

THIS AND WE USED THESE DEFINITIONS. HOW THAT'S TRANSCENDED TO THE LOCAL

GOVERNMENT ON WHETHER IT MEANS THE HOUSE DOG OR CAT OR GRANDMOTHER

OR GRANDFATHER, I DON'T KNOW. ONCE AGAIN, I THINK IT'S A MATTER OF WHAT

OUR EXTRAORDINARY CIRCUMSTANCES AND SITUATIONS THAT JUST PHYSICALLY THE

INDIVIDUAL MAY NOT BE ABLE TO BE PRESENT.

MR. DIPIETRO: OKAY. I JUST WANTED TO SEE IF THERE

WAS ANY CLARIFICATION, THAT WAS IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. PIROZZOLO.

MR. PIROZZOLO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. MCDONALD, WILL

YOU YIELD?

MR. MCDONALD: YES, I WILL.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. PIROZZOLO: THANK YOU. MY QUESTION IS

REALLY IS ABOUT EXPEDIENCY. SOME OF THE CONVERSATION I'VE HEARD TODAY

IS ABOUT SIGNIFICANT ILLNESS AND CATASTROPHIC THINGS, BUT I CERTAINLY DON'T

KNOW IF I'M GOING TO BE SICK NEXT WEEK OR IF THERE'S A TRAGEDY WITHIN

MY FAMILY. SO IF SOMETHING SERIOUS WERE TO HAPPEN AND I WERE TO HAVE

TO APPLY FOR THIS, WHAT WOULD BE THAT TURNAROUND TIME THAT I WOULD

KNOW THAT I WOULD BE EXCUSED? DO I HAVE TO MAKE THAT DECISION OF DO

I HAVE TO GO TO ALBANY OR DO I STAY WITH MY FAMILY, YOU KNOW. IS THERE

NYS ASSEMBLY MARCH 9, 2023

ANY PROVISION FOR THAT?

MR. MCDONALD: SO THAT'S SOMETHING THAT I WOULD

REFER YOU TO YOUR LEADER ON IN REGARDS TO THE PROCESS AND THAT, YOU

KNOW, WHATEVER THOSE CONCERNS ARE SHARE THAT WITH HIM PRIOR BEFORE HE

MEETS WITH THE SPEAKER TO DETERMINE WHAT THE PRACTICE IS GOING TO BE.

MR. PIROZZOLO: OKAY. THANK YOU.

ACTING SPEAKER AUBRY: MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER.

WOULD THE SPEAKER [SIC] YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. MCDONALD, WILL

YOU YIELD?

MR. MCDONALD: I'D BE HAPPY TO.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. FITZPATRICK: THANK YOU, JOHN. MAY I ASK

VERY SIMPLY, WHAT WAS -- WHY DO WE NOT HAVE CONCRETE RULES HERE?

MR. MCDONALD: SO, YOU KNOW --

MR. FITZPATRICK: AND WHAT IS THE RELUCTANCE TO

LAY OUT THOSE CONCRETE RULES? EVEN THOUGH THIS IS ON A TRIAL BASIS IT'S

NOT THAT DIFFICULT TO IMAGINE WHAT THE POSSIBLE PROBLEMS COULD BE THAT

WOULD WARRANT THIS KIND OF PERMISSION. AND I'M VERY -- I'M VERY

CONCERNED ABOUT VOTING FOR THIS BECAUSE IN SPITE OF THE FACT THAT IT'S FOR

A TRIAL PERIOD, THERE'S MORE GRAY THAN BLACK AND WHITE HERE, AND THAT'S

WHAT CONCERNS ME BECAUSE THIS ISN'T A HARD THING TO DO. AND YOU CAN

LAY OUT WHAT THE RULES ARE AND THEN WE'D HAVE SOMETHING SUBSTANTIAL TO

APPROVE OR DISAPPROVE OF HERE. AND I REALLY DON'T WANT TO GIVE A BLANK

NYS ASSEMBLY MARCH 9, 2023

CHECK TO THE SPEAKER OR THE MINORITY LEADER. YOU KNOW, THE CONCERN

IS WILL SOME PEOPLE GET MORE FAVORABLE TREATMENT THAN OTHERS FOR

CERTAIN THINGS. THERE ARE GOING TO BE EXAMPLES FOR SURE OF PEOPLE

REALLY REACHING FOR PERMISSION TO STAY AT HOME WHEN IT REALLY ISN'T

JUSTIFIED. SO I THINK WHY AREN'T WE LAYING OUT SOMETHING CONCRETE SO

WE KNOW WHAT THE RULES ARE BEFORE WE VOTE ON THIS?

MR. MCDONALD: MR. FITZPATRICK, YOU RAISE A

VALID CONCERN, NO ONE DISPUTES THAT BY ANY STRETCH OF THE IMAGINATION

AND I GUESS A COUPLE THOUGHTS COME TO MIND. YOU KNOW, WE -- WE DID

PASS THIS LAST YEAR. I THINK IT WAS IN THE -- IN THE BUDGET LAST YEAR SO

SOME WOULD HAVE VOTED FOR IT, SOME MAY NOT HAVE VOTED FOR IT, I DON'T

KNOW, I DON'T HAVE THE TALLY. BUT I GUESS THE QUESTION -- AND I'M NOT --

I'M NOT TRYING TO BE SMART BY ANY STRETCH OF THE IMAGINATION IS THAT DOES

ANYBODY SHOW UP AT A TOWN BOARD MEETING OR A CITY COUNCIL MEETING OR

A COUNTY LEGISLATIVE MEETING TO ASK THEM WHAT THEIR RULES ARE AND HOW

THEY ENGAGE. WE -- WHETHER WE LIKE IT OR NOT WE HAVE LEADERSHIP,

RIGHT? LEADERSHIP IS TRUSTED RESPONSIBILITY TO MAKE SURE THAT THE HOUSE

OPERATES IN AN EFFICIENT MANNER, OPERATES PROFESSIONALLY AND I WOULD

LIKE TO THINK BY THE COURSE OF THIS DEBATE TODAY THAT THAT IS BEING

RESONATED WITH OUR LEADERSHIP TO MAKE SURE THAT WE HAVE A -- A VERY

STRICT PROCESS IN PLACE AND THAT IT REALLY IS VERY TIGHT ON EXACTLY WHAT IS

A VALID REASON AND NOT. I MEAN AS YOU KNOW, MR. FITZPATRICK, YOU'VE

BEEN HERE MUCH LONGER THAN I. YOU'VE PROBABLY BEEN HERE THEN FOR

SOME OF THE NON-GLORY YEARS AS I'LL CALL THEM WHERE WE HAD SOME

PROBLEMS IN THE HOUSE AND --

NYS ASSEMBLY MARCH 9, 2023

MR. FITZPATRICK: I DO REMEMBER THAT.

MR. MCDONALD: -- AND, YOU KNOW, SOME

MEMBERS WERE SEEN AT PLACES THEY SHOULDN'T HAVE BEEN DURING SESSION.

I THINK WE NEED TO BE MINDFUL. I THINK EVERY MEMBER NEEDS TO BE

MINDFUL THAT YOU'RE AN ELECTED. YOU'RE -- YOU'RE ELECTED TO REPRESENT

PEOPLE. WE WANT TO MAKE SURE THERE'S A MECHANISM IN AN

EXTRAORDINARY CIRCUMSTANCE THAT THOSE PEOPLE CAN BE REPRESENTED BY

THE VOTE OF THE MEMBER. I PERSONALLY BELIEVE THIS IS GOING TO BE USED

RATHER SELDOM THAN NORMAL. THE BIG SCREEN'S COMING BACK IF THIS

PASSES SO THEREFORE WE'LL BE ABLE TO SEE OUR FRIENDS IF THEY'RE NOT HERE.

SO THERE'S GOING TO KIND OF LIKE BE A LITTLE BIT OF A COMRADERY, A LITTLE BIT

OF A LET'S WORK THIS OUT TOGETHER PROCESS.

MR. FITZPATRICK: VERY GOOD. THANK YOU, JOHN.

MR. MCDONALD: FAIR ENOUGH?

MR. FITZPATRICK: THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

FITZPATRICK.

MR. FITZPATRICK: I -- I HAVE NO OBJECTION TO

TRYING SOMETHING LIKE THIS. IF YOU RECALL JUST A SHORT TIME AGO WE WENT

THROUGH A PANDEMIC AND WE VERY, VERY QUICKLY AND VERY, VERY SMARTLY

ESTABLISHED A SET OF PARAMETERS, RULES AND REGULATIONS ABOUT HOW WE

WERE GOING TO CONDUCT OUR AFFAIRS FROM BACK HOME. AND WE LEFT

NOTHING TO CHANCE THERE. THERE WERE NO GRAY AREAS. WE KNEW WHAT

THE SITUATION WAS AND WE KNEW WHAT HAD TO BE DONE. I DON'T THINK

NYS ASSEMBLY MARCH 9, 2023

THERE'S ANYTHING DIFFERENT IN THIS SCENARIO. WE CAN VERY EASILY LAY OUT

THE RULES AND REGULATIONS, WHAT QUALIFIES, WHAT DOESN'T QUALIFY. I'M

GOING TO VOTE NO ON THIS IS NOT BECAUSE I DON'T THINK IT'S WORTH TRYING,

BUT WITHOUT STRICT RULES AND REGULATIONS, WITHOUT KNOWING WHAT EXACTLY

I'M GOING TO BE VOTING ON SO THAT WE DON'T HAVE ANY PROBLEMS I JUST

CAN'T GIVE MY VOTE TO SOMETHING LIKE THIS. THIS IS NOT A DIFFICULT THING

TO DO. LAY OUT THE RULES AND REGS. THIS COULD HAVE BEEN NEGOTIATED I

THINK VERY QUICKLY AND WITHOUT DOING SO I'M NOT COMFORTABLE VOTING FOR

THIS SO THEREFORE I WILL BE IN THE NEGATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. MCDONALD, WILL

YOU YIELD?

MR. MCDONALD: YES, SIR.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. GOODELL: THANK YOU. YOU'VE MENTIONED

SEVERAL TIMES THAT THERE ARE RULES AND REGULATIONS THAT WILL BE

DEVELOPED IN THE FUTURE. AND MR. FITZPATRICK SUGGESTS THAT MAYBE WE

SHOULD VOTE ON THIS RESOLUTION AFTER THOSE RULES HAVE BEEN DEVELOPED SO

WE KNOW WHAT WE'RE TALKING ABOUT. WHAT'S YOUR VIEW ON THAT?

MR. MCDONALD: SO, I MAY HAVE REFERENCED THIS

EARLIER BUT I DON'T KNOW OF ANY OF US WHO WENT TO LOCAL BOARD MEETINGS

AND QUESTIONED WHAT THE RULES WERE GOING TO BE. BUT THE ONE THING I

DID NOT MENTION THAT MY VERY SUPPORTIVE STAFF REMINDED ME OF IS THAT

NYS ASSEMBLY MARCH 9, 2023

ONCE THE SPEAKER AND THE MINORITY LEADER DEVELOP THE RULES, THEY'LL BE

POSTED ON OUR WEBSITE FOR THE PUBLIC TO SEE. SO THEY'LL HAVE A BETTER

IDEA OF EXACTLY WHAT THOSE EXCURSIONS SHOULD BE. AND I SAY THAT AS A

RARE CIRCUMSTANCE, EXTRAORDINARY CIRCUMSTANCE.

MR. GOODELL: SO AT THIS POINT, AS AN EXAMPLE,

THERE'S NO RULES THAT WOULD REQUIRE THAT THE PERSON PARTICIPATING BY

VIDEO ACTUALLY HAVE THEIR CAMERA ON? AND THE REASON I MENTION THIS

BECAUSE DURING COVID I WOULD OFTEN LOOK AT THE ZOOM VIDEO PROCESS,

PARTICULARLY BECAUSE IT'S VERY LATE AND I WOULD SEE, YOU KNOW, A COUPLE

MEMBERS SLEEPING, SEVERAL EMPTY SEATS AND ANYWHERE FROM 50 TO 75

PERCENT OF THE CAMERAS TURNED OFF. IS THERE GOING TO BE A REQUIREMENT IN

THE RULES, AS FAR AS YOU KNOW, THAT IF YOU'RE PARTICIPATING BY ZOOM YOU

MUST HAVE YOUR CAMERA ON UNLESS, YOU KNOW, YOU'RE USING THE

RESTROOM OR SOMETHING OF THAT NATURE?

MR. MCDONALD: SO THE ANSWER IS YES, THE CAMERA

HAS TO BE ON. IT'S ACTUALLY IN THE LAW THAT WE PASSED LAST YEAR THAT THE

CAMERA HAS TO BE ON IF THE BODY IS GOING TO ADOPT VIDEO CONFERENCING

IN. AND ADMITTEDLY AND TO QUOTE OUR FORMER COLLEAGUE MR. GOTTFRIED,

THEY'LL BE TIME WHEN PEOPLE ARE LEAVING FOR TOILETING, BUT OTHERWISE FOR

THE MOST PART WE SHOULD EXPECT TO SEE THOSE PEARLY WHITES OF YOURS,

AND YOU'LL BE HERE, I'LL PROBABLY BE HERE MORE THAN LIKELY, BUT

WHOEVER'S NOT HERE BUT IS PARTICIPATING BY VIDEO CONFERENCE, WE EXPECT

TO SEE THEM RIGHT THERE ON THE BIG SCREEN WITH THEIR FACE SHINING BRIGHT.

MR. GOODELL: MY COLLEAGUE ASKED YOU WHETHER

THE NAMES OF PEOPLE WHO ARE PARTICIPATING IN THIS PROGRAM WOULD BE

NYS ASSEMBLY MARCH 9, 2023

AVAILABLE AND YOUR ANSWER WAS YES, IT WOULD BE REFLECTED IN THE

MINUTES. DO YOU ENVISION THAT THE REQUEST ITSELF, THE EXPLANATION FOR

THE REQUEST, ANY SUPPORTING DOCUMENTS FOR THE REQUEST AND THE GRANTING

OR DENIAL OF THE REQUEST WOULD ALSO BE PUBLICLY AVAILABLE?

MR. MCDONALD: I DON'T KNOW IF THAT IS GOING TO

BE POSSIBLE. THAT'S SOMETHING I WILL DEFER. I MEAN TO BE HONEST WITH

YOU WHEN YOU THINK ABOUT THE CONTEXT OF THE EXTRAORDINARY

CIRCUMSTANCE WE'VE TALKED ABOUT, SOME OF THOSE ARE PERSONAL HEALTH-

RELATED ITEMS. I DON'T KNOW IF THAT'S REALLY FAIR FOR A VARIETY OF THE

REASONS THAT AN INDIVIDUAL SHOULD HAVE TO DISCLOSE THAT. MORE THAN

LIKELY, YOU KNOW, LAST YEAR WE HAD A MEMBER WHO HAD A CHILD WHO WE

KNEW WHAT WAS GOING ON AND STRUGGLING. WE HAD ANOTHER MEMBER

WHO WAS STRUGGLING WITH CHEMOTHERAPY. IT DOESN'T TAKE MUCH. BUT I,

AS A HEALTHCARE PROFESSIONAL, AM VERY SENSITIVE TO PEOPLE'S PERSONAL

HEALTH ISSUES. AND THEREFORE I'M A LITTLE BIT CONCERNED ABOUT SAYING

YES, IT'S GOING TO BE WIDELY DISCLOSED BECAUSE AS YOU KNOW IN THIS

POLITICAL WORLD WE CAN USE WE LIVE IN, SOME PEOPLE WILL USE THAT AS A

DISADVANTAGE SADLY AGAINST AN INDIVIDUAL IRRESPECTIVE OF WHAT PARTY

THEY'RE IN.

MR. GOODELL: NOW, AS YOU KNOW THIS RESOLUTION

REFERENCES SECTION 103A OF THE PUBLIC OFFICERS LAW, WHICH LAST YEAR

WAS ADOPTED WITH 41 NO VOTES AS PART OF THE BUDGET PACKAGE.

QUESTIONABLE WHETHER OR NOT THAT SECTION OF LAW HAD ANY APPROPRIATION

ASSOCIATED WITH IT AS REQUIRED BY ARTICLE VII. SO I QUESTION ITS

FUNDAMENTAL CONSTITUTIONALITY. BUT SEPARATE AND DISTINCT FROM THAT IT

NYS ASSEMBLY MARCH 9, 2023

WOULD ALLOW VIDEO PARTICIPATION, AS ONE OF MY COLLEAGUES MENTIONED,

FOR CAREGIVING RESPONSIBILITIES. THE FAMILY LEAVE ACT WHEN IT TALKED

ABOUT CAREGIVING WAS VERY, VERY BROAD. I MEAN IT INCLUDED TAKING CARE

OF A SIBLING, SPOUSE, PARENTS. DO YOU ENVISION THAT THIS EXCEPTION FOR

CAREGIVING WOULD INCLUDE NOT JUST YOUNG CHILDREN BUT COUSINS, NIECES,

NEPHEWS, PARENTS OR OTHER RELATIVES? BECAUSE THE DEFINITION IN THE

FAMILY LEAVE ACT IS VERY, VERY BROAD.

MR. MCDONALD: I DON'T KNOW WHAT THAT WILL

EXPAND TO TO BE HONEST WITH YOU. I THINK, ONCE AGAIN, THESE ARE VALID

CONCERNS AND IN THE RULE-MAKING PROCESS I WOULD SHARE THOSE CONCERNS

WITH THE SPEAKER AND WITH THE MINORITY LEADER ON WHAT THEY EXACTLY

WILL BE. THEY LEFT IT -- WE LEFT IT VAGUE AS YOU MENTIONED A YEAR AGO FOR

ALL THE 1,400 OR 1,500 LOCAL GOVERNMENTS TO BE ABLE TO MAKE THAT

DETERMINATION AND WE JUST HAPPENED TO BE THE ONE BODY THAT'S UP RIGHT

NOW HAVING THIS DISCUSSION. AND I -- I DO WANT TO REFERENCE ALSO

BECAUSE YOU MENTIONED -- YOU MENTIONED SOMETHING THAT'S IMPORTANT.

THIS ACTUALLY SUNSETS JANUARY 1ST, 2024. SO, YOU KNOW, THE COMMITTEE

ON OPEN GOVERNMENT IS REVIEWING THIS, MONITORING IT. WE EXPECT

THEM TO COME BACK WITH EITHER A HEY, THIS IS GOING FINE OR THERE'S SOME

RECOMMENDATIONS WE HAVE. SO, YOU KNOW, THIS IS SOMETHING THAT DOES

SUNSET. SO FOR THOSE WHO ARE WORRIED ABOUT THIS BEING A RUNAWAY

FREIGHT TRAIN, I DON'T THINK THAT'S THE CASE.

MR. GOODELL: NOW, YOU'VE REPEATEDLY MENTIONED

THESE RULES WHICH AS FAR AS I KNOW HAVE NOT BEEN DRAFTED, CERTAINLY ARE

NOT AVAILABLE. IS THERE ANY REQUIREMENT IN THIS RESOLUTION THAT THOSE

NYS ASSEMBLY MARCH 9, 2023

RULES BE APPROVED BY US AS A BODY?

MR. MCDONALD: THERE IS NOT. HOWEVER, THOSE

RULES ONCE THEY ARE DRAFTED AND FINALIZED WILL BE POSTED ON OUR

ASSEMBLY WEBSITE FOR NOT ONLY THE MEMBERS TO SEE AND THEIR STAFFS BUT

THE WORLD TO SEE.

MR. GOODELL: AND IS THERE ANY OBLIGATION THAT THE

RULES THAT APPLY TO THE MAJORITY BE THE SAME THAT APPLY TO THE

MINORITY?

MR. MCDONALD: SO THE RULES IN THE ASSEMBLY

WILL BE THE RULES IN THE ASSEMBLY, PLAIN AND SIMPLE. I SHOULD CLARIFY.

THEY PROBABLY ALREADY HAVE DONE THIS BUT THE SENATE IS HAVING A

SIMILAR CONVERSATION. THEIR RULES ARE COM -- I WOULD THINK ARE GOING TO

BE SEPARATE AND DISTINCT FROM THE ASSEMBLY'S RULES. I CAN'T TELL YOU

WHAT THE RULES ARE GOING TO BE, BUT THERE'S A POSSIBILITY THE SENATE RULES

MAY BE DIFFERENT THAN THE ASSEMBLY RULES. WE'RE FOCUSING ON THE

ASSEMBLY MAJORITY AND MINORITY COMBINED.

MR. GOODELL: THANK YOU VERY MUCH.

MR. MCDONALD: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I AGREE WITH MY COLLEAGUE AND THE

SPONSORS THAT IN EXTRAORDINARY CIRCUMSTANCES THAT ARE BEYOND THE

MEMBERS' CONTROL IT MAKES SENSE TO ALLOW THEM TO PARTICIPATE BY VIDEO

CONFERENCING. AND I DON'T HAVE ANY ISSUE ALLOWING THAT IN

EXTRAORDINARY CIRCUMSTANCES. BUT THE CONCERN THAT I AND MANY OF MY

NYS ASSEMBLY MARCH 9, 2023

COLLEAGUES I BELIEVE HAVE IS THAT THIS IS NOT LIMITED TO EXTRAORDINARY

CIRCUMSTANCES. IN FACT, THE RULES CAN ALLOW FOR ANY QUOTE "SIGNIFICANT"

OR "UNEXPECTED" CIRCUMSTANCE WITHOUT ANY REAL GUIDANCE ON WHAT'S

SIGNIFICANT. AND IT REFERENCES THE PUBLIC OFFICERS LAW WHICH TALKS

ABOUT ILLNESS AND CAREGIVING RESPONSIBILITIES. AND THE CONCERN THAT

MANY OF US HAVE IS THAT UNDER OTHER SECTIONS OF THE LAW CAREGIVING IS

GIVEN AN EXTRAORDINARILY BROAD DEFINITION. AND WE'RE URGED TODAY TO

APPROVE THIS RESOLUTION, EVEN THOUGH AS IT HAS BEEN REPEATEDLY STATED

NONE OF THE RULES THAT GOVERN HOW THIS IS TO BE APPLIED HAVE BEEN

DRAFTED OR MADE AVAILABLE TO US. AND I WOULD CERTAINLY FEEL MUCH

MORE COMFORTABLE, AS I'M SURE MANY OF YOU WOULD, IF WE KNEW WHAT

THOSE RULES ARE BEFORE WE AUTHORIZE THEM. IN MY COUNTY WE TALK ABOUT

HAVING THE CART BEFORE THE HORSE. THAT'S MAYBE MORE FAMILIAR WHEN

YOU'RE IN AMISH COUNTRY. BUT I THINK THE RIGHT PROCESS IS TO HAVE THOSE

RULES DRAFTED, HAVE US REVIEW THEM, MAKE SURE WE'RE COMFORTABLE WITH

THEM, MAKE SURE THAT THIS EXCEPTION TO HAVING TO ACTUALLY BE ON THE

FLOOR AND LISTEN TO THE DEBATE IN PERSON IS LIMITED TO THOSE

EXTRAORDINARY CIRCUMSTANCES THAT MOST OF US WOULD AGREE. AND SO UNTIL

WE HAVE THOSE ISSUES ADDRESSED AND ADDRESSED THOROUGHLY, I'M NOT

WILLING TO GIVE A BLANK CHECK TO EITHER THE MINORITY OR THE MAJORITY

LEADER IN THE HOPES THAT THEY WILL DRAFT SOMETHING THAT'S CLEAR AND

CONCISE, THAT THEY'LL HAVE IN THOSE RULES SOME LEVEL OF DISCLOSURE SO WE

KNOW WHAT EXCUSES ARE BEING USED AND -- AND WHO'S GETTING THIS AND

HOW OFTEN IT OCCURS. AND SO WE HAVE SOME -- SOME LEVEL AND SOME

DEGREE OF ACCOUNTABILITY AND RESPONSIBILITY. FOR THAT REASON I WON'T

NYS ASSEMBLY MARCH 9, 2023

SUPPORT IT, BUT I WOULD, AS I MENTIONED, SUPPORT IF IT WERE LIMITED TO

EXTRAORDINARY CIRCUMSTANCES AND WE HAD THE RULES IN ADVANCE SO WE

COULD REVIEW THEM. THANK YOU, MR. SPEAKER, AND AGAIN, THANK YOU TO

MY COLLEAGUE FOR HIS ANSWERS.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. ON THE RESOLUTION. I DON'T SO FONDLY BUT I REMEMBER WHEN

WE WENT THROUGH A SIMILAR PROCESS DURING COVID WHEN THE ONLY TWO

PEOPLE WHO HAD TO BE IN THE ROOM WAS THE MINORITY LEADER AND MYSELF

AND YOU MR. SPEAKER, ALONG WITH OUR STAFF THAT SUPPORTED US. AND I

MEAN SOMETIMES THE VISUAL THAT YOU SAW ON VIDEOS WASN'T SUCH A GREAT

THING. I MEAN WE'RE HERE IN CHAMBERS, SOME PEOPLE ARE AT THE BEACH,

SOME ARE WALKING AROUND, SOME WERE ALMOST ASLEEP ON THE COUCH. I

MEAN THESE ARE THE THINGS THAT WE HAD TO SEE BUT WE WERE ABLE TO GET

THROUGH GOVERNING THIS STATE DURING PROBABLY SOME OF THE WORST TIMES

ANY OF US HAVE EVER EXPERIENCED IN OUR ENTIRE LIFE IN THIS PANDEMIC.

AND SO WHILE IT'S NOT SUCH A FOND MEMORY, IT IS AN HONORABLE MEMORY

AND IT WAS AN HONORABLE MEMORY THAT HAD TO TAKE PLACE. AND I THINK

WHERE WE ARE RIGHT NOW AS A SOCIETY, WE ARE PROBABLY NOT THE ONLY

PEOPLE -- WELL, WE ARE THE ONLY PEOPLE IN THE STATE OF NEW YORK WHO

LITERALLY HAVE TO TRAVEL TO GET TO OUR JOB WITH THE EXCEPTIONS OF A FEW. I

WAS A CAREGIVER FOR MY MOM BEFORE SHE TRANSITIONED LONG DISTANCE AND

IF THE CAREGIVER DIDN'T SHOW UP ONE NIGHT AND I KNEW THAT I SHOULD BE

ON MY WAY TO ALBANY, I HAD TO WAIT. I HAD TO STAY AND GIVE THAT CARE

AND THEN COME TO ALBANY. AND I THINK THAT THIS IS THE KIND OF

NYS ASSEMBLY MARCH 9, 2023

HONORABLE BODY WHERE PEOPLE WILL UNDERSTAND THE DIFFERENCE BETWEEN

YOU JUST CAN'T GET HERE AND YOU WANT TO TAKE ADVANTAGE OF A SITUATION.

EVERYBODY IS ELECTED. I BELIEVE EVERYBODY IS HONORABLE AND I THINK

WHENEVER WE DISTRUST OTHERS WE KIND OF ARE DISTRUST FOR OURSELVES. AND

SO I TRUST THIS PROCESS BECAUSE I TRUST THE SPEAKER AND ACTUALLY I TRUST

THE MINORITY LEADER, TOO. HE'S A COLLEAGUE OF MINE THAT CAME IN THE

SAME TIME. I BELIEVE THEY'RE GOING TO DO WHAT'S RIGHT IN THE INTEREST OF

THE MEMBERS THAT ELECTED THEM TO SERVE IN LEADERSHIP. I TRUST THAT AND I

HOPE THAT WE ALL WILL AS WELL BECAUSE THERE IS GOING TO BE AN OCCASION,

HOPEFULLY NOT FOR ME AND HOPEFULLY NOT FOR ANYBODY IN THIS ROOM, BUT IT

COULD HAPPEN WHEN SOMETHING WILL COME UP AND YOU WILL DESIRE TO

STILL PARTICIPATE AND VOTE IN THE INTEREST OR PARTICIPATE IN THE INTEREST OF

THE PEOPLE WHO ELECTED YOU BUT YOU JUST CAN'T GET HERE. I DON'T FEEL LIKE

THAT'S GOING TO BE ABUSED. I THINK IT COULD BE BUT I DON'T THINK IT'S GOING

TO BE ABUSED BY ANYBODY THAT'S IN THIS BODY. I THINK PEOPLE EVEN IF

THEY GET ENCOURAGED TO ABUSE IT, THEY'RE GOING TO REMEMBER THE FOLKS

THAT VOTED FOR THEM. THEY'RE GOING TO REMEMBER HOW THEIR NAME WILL

LOOK IN THE PRESS WHEN THEY'RE SUPPOSED TO HAVE BEEN HERE AND THEY

WERE DOING SOMETHING ELSE. I DON'T BELIEVE THAT WE'RE GOING TO HAVE

THAT PROBLEM AND I THINK THAT THIS RESOLUTION, THE BEST THING ABOUT IT IN

MY ESTIMATION, I'M GOING TO AGREE WITH MY COLLEAGUE MS. WALSH. THE

BEST THING ABOUT THIS IS IS JUNE 24TH WE CAN REVISIT IT. IF THE RULES THAT

OUR LEADERS CAME UP WITH DON'T WORK, WE CAN CHANGE THEM OR WE

COULD ELIMINATE THIS, WE CAN CREATE A WHOLE NEW PROCESS. AND SO

AGAIN, MR. SPEAKER, I THINK THIS IS THE DAY AND THIS IS THE TIME FOR US TO

NYS ASSEMBLY MARCH 9, 2023

ACT LIKE THIS IS A DIFFERENT CENTURY THAT WE LIVE IN AND ACKNOWLEDGE THE

FACT THAT PEOPLE MAY WANT TO WORK AND NOT BE ABLE TO GET HERE. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

A SLOW ROLL HAS BEEN REQUESTED. THE QUESTION IS DOES

THE HOUSE CONCUR WITH THE SENATE? THE CLERK WILL RECORD THE VOTE

SLOWLY.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

CONCURRENT RESOLUTION IS ADOPTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSES

OF INTRODUCING A GUEST IN THE CHAMBERS. SHE IS SONIA MARTINEZ. SHE IS

THE GUEST OF OUR COLLEAGUE MARIANNE BUTTENSCHON. SHE IS THE

EXECUTIVE DIRECTOR OF THE MOHAWK VALLEY LATINO ASSOCIATION. SONIA

CO-FOUNDED THE MOHAWK VALLEY LATINO ASSOCIATION ALONG WITH THREE

OTHER LATINO COLLEAGUES IN 2003 TO ADDRESS THE ISSUES OF LACK OF

EDUCATION, CULTURAL SUPPORT SERVICES IN THE AREA FOR LATINO RESIDENTS.

MR. SPEAKER, WOULD YOU PLEASE WELCOME HER TO OUR CHAMBERS AND

OFFER HER THE CORDIALITIES OF THE FLOOR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF THE SPEAKER, MS. BUTTENSCHON AND ALL THE MEMBERS, WE WELCOME

NYS ASSEMBLY MARCH 9, 2023

YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. THANK YOU FOR THE GREAT WORK THAT YOU'RE DOING

IN THE STATE OF NEW YORK. CONTINUE THAT GREAT WORK AND KNOW THAT

YOU ARE ALWAYS WELCOME HERE. CONGRATULATIONS.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU

PLEASE CALL ON OUR COLLEAGUE MR. JACOBSON FOR THE PURPOSES OF AN

ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. JACOBSON FOR THE

PURPOSES OF A ANNOUNCEMENT.

MR. JACOBSON: GOOD NEWS FOR MY COLLEAGUES IN

THE MAJORITY. WE WILL BE HAVING CONFERENCE IMMEDIATELY AFTER SESSION

AT HEARING ROOM B.

ACTING SPEAKER AUBRY: CONFERENCE

IMMEDIATELY AFTER SESSION, HEARING ROOM B. YOU BRING JOY IN THE

MORNING, MR. JACOBSON.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY FURTHER RESOLUTIONS OR HOUSEKEEPING?

ACTING SPEAKER AUBRY: WE CERTAINLY DO AND

WE HAVE A RESOLUTION BY YOU MRS. PEOPLES-STOKES. MRS. PEOPLES-

STOKES ON THE RESOLUTION, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 168, MRS. PEOPLES-

STOKES, CONRAD, RIVERA, WALLACE, MCMAHON.

NYS ASSEMBLY MARCH 9, 2023

LEGISLATIVE RESOLUTION MOURNING THE UNTIMELY DEATH

AND PAYING TRIBUTE TO THE LIFE AND HEROIC SERVICE OF FIREFIGHTER JASON

ARNO WHO DIED IN THE LINE OF DUTY ON MARCH 1, 2023.

ACTING SPEAKER AUBRY: MRS. PEOPLE-STOKES

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, COLLEAGUES. WHEREAS, IT IS THE SENSE OF THIS LEGISLATIVE

BODY TO CONVEY ITS GRATEFUL APPRECIATION AND HEARTFELT REGRET IN THE LOSS

OF A COURAGEOUS, HARDWORKING FIREFIGHTER WHO DEDICATED HIS PURPOSEFUL

LIFE AND CAREER IN FAITHFUL SERVICE TO BOTH HIS FAMILY AND THE RESIDENTS

OF THE CITY OF BUFFALO AND THE GREAT STATE OF NEW YORK. IT IS WITH

PROFOUND SADNESS THAT WE RECORD THIS TRAGIC AND UNTIMELY DEATH OF

FIREFIGHTER JASON "JAY" D. ARNO, WHO MADE THE ULTIMATE SACRIFICE ON

WEDNESDAY, MARCH THE 1ST, 2023 AT THE AGE OF 37. AND WHEREAS,

AROUND 10 A.M., JAY AS HE IS ENDEARINGLY KNOWN AND HIS OTHER

FIREFIGHTERS, THREE OF THEM FROM THE DEPARTMENT ENGINE NUMBER 2

STATIONED ON ELMWOOD AVENUE AND VIRGINIA IN THE NEIGHBORHOOD OF

ALLENTOWN, WAS FIGHTING A FOUR-ALARM BLAZE ON MAIN STREET WHEN THE

WORK BEING DONE ON THE STRUCTURE WITH BLOW TORCHES APPEARED TO HAVE

CAUSED A BACKDRAFT THAT SENT FLAMES SHOOTING OUT OF THE THREE-STORY

BUILDING AT WHAT FIRST APPEARED TO BE AN EXPLOSION. FIREFIGHTER JASON

ARNO WAS CAUGHT IN A PARTIAL BUILDING COLLAPSE AND TRAPPED ABOUT 30 TO

40 FEET INSIDE THE BUILDING. THE DEPARTMENT LOST CONTACT WITH HIM

SHORTLY AFTER A MAYDAY CALL CAME THROUGH A RADIO AND UNFORTUNATELY

DUE TO THE FEROCITY OF THE FIRE, HIS FELLOW OFFICERS COULD NOT REACH HIM

AND HE SUCCUMBED. UPON THE RECOVERY OF HIS BODY, JAY AS HE WAS

NYS ASSEMBLY MARCH 9, 2023

BELOVEDLY KNOWN WAS SILENTLY GREETED BY HIS COMRADES WHO GAVE HIM

A STOIC SALUTE HONORING HIS BRAVERY AND MEMORIALIZING THE LOSS OF A

YOUNG MAN WHO LIVED A MERITORIOUS LIFE OF SERVICE FOR HIS BELOVED

COMMUNITY OF BUFFALO. IN ADDITION MAYOR BROWN HAS ASKED FOR ALL

BUILDINGS AND OTHER STRUCTURES AND LANDMARKS INCLUDING BUFFALO CITY

HALL, THE PEACE BRIDGE AND NIAGARA FALLS TO BE LIT UP IN RED THROUGH

SUNDAY AND DIRECT THAT ALL CITY OF BUFFALO FLAGS TO BE FLOWN AT HALF-

MAST.

BORN ON AUGUST 27TH, 1985, JASON D. ARNO GRADUATED

FROM CANISIUS HIGH SCHOOL IN 2003. DURING HIGH SCHOOL HE PLAYED

FOOTBALL, HAD A WINNING POSTSEASON DURING HIS JUNIOR YEAR. HE IS

PREDECEASED BY HIS STEPFATHER IN DEATH BY HIS STEPFATHER JOHN.

FIREFIGHTER JASON ARNO IS SURVIVED BY HIS WIFE, THE FORMER ELIZABETH --

SARAH-ELIZABETH TIERNEY AND ONE DAUGHTER, OLIVIA LOUISE. HIS MOTHER

SHERYL; HIS FATHER DAVID (JULIE); THREE BROTHERS, FOUR SISTERS AND MANY,

MANY AUNTS, UNCLES, NIECES AND NEPHEWS AND NUMEROUS FRIENDS. JASON

ARNO'S GREATEST JOY IN LIFE WAS HIS FAMILY. EVERYTHING IN HIS LIFE CAME

SECOND TO HIS DAUGHTER OLIVIA WHO WAS HIS PRIDE AND HIS JOY. ARMED

WITH THE VERY HUMANISTIC SPIRIT AND A SENSE OF COMPASSION, JASON D.

ARNO LEAVES BEHIND A LEGACY WHICH WILL LONG ENDURE THE PASSAGE OF

TIME. AND WILL REMAIN AS A COMFORTING MEMORY TO ALL WHO WERE

PRIVILEGED TO HAVE KNOWN AND LOVED SUCH AN AMAZING YOUNG MAN. HE

WILL BE DEEPLY MISSED AND TRULY MERITS A GRATEFUL TRIBUTE OF THIS

LEGISLATIVE BODY. THAT THIS LEGISLATIVE BODY SHOULD PAUSE IN ITS

DELIBERATIONS TO HONOR THE LIFE AND THE HEROIC ACTIONS OF FIREFIGHTER

NYS ASSEMBLY MARCH 9, 2023

JASON D. ARNO AND TO EXPRESS ITS DEEPEST CONDOLENCES TO HIS FAMILY

AND TO HIS FRIENDS. AND BE IT RESOLVED, MR. SPEAKER, THAT THIS

RESOLUTION BE SUITABLY ENGROSSED AND TRANSMITTED TO THE FAMILY OF

FIREFIGHTER JASON D. ARNO.

ACTING SPEAKER AUBRY: MR. CONRAD ON THE

RESOLUTION.

MR. CONRAD: I WANT TO THANK THE MAJORITY LEADER.

IT'S OFTEN SAID THAT FIREFIGHTERS AND POLICE UNDERSTAND AND ACCEPT THE

DANGERS OF THEIR PROFESSION. THEY'RE CALLED HEROS BECAUSE WHILE

CARRYING THE FULL WEIGHT OF THAT UNDERSTANDING, THEY FAITHFULLY REPORT TO

WORK ANYWAY. OUR DEBT TO THEM CANNOT BE MEASURED. TOMORROW WE

LAY TO REST FIREFIGHTER JASON ARNO AND IT'S MY HOPE THAT THIS RESOLUTION

SERVES AS A HEARTFELT CONDOLENCE TO HIS FAMILY AND TO THE WESTERN NEW

YORK FIREFIGHTER COMMUNITY, THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. WALLACE ON THE RESOLUTION.

MS. WALLACE: THANK YOU, MR. SPEAKER, AND

THANK YOU TO MAJORITY LEADER PEOPLES-STOKES FOR SPONSORING THIS

RESOLUTION. I RISE TO HONOR A FALLEN HERO, JASON ARNO WHO WAS JUST 37

YEARS OLD WHEN HE TRAGICALLY PASSED LAST WEEK RESPONDING TO WHAT

ULTIMATELY BECAME A FOUR-ALARM FIRE. JASON, A THREE-YEAR VETERAN OF THE

BUFFALO FIRE DEPARTMENT WAS THE EMBODIMENT OF HEROISM THAT IS

SHOWN BY ALL OF OUR FIREFIGHTERS. JUST AFTER 10 A.M. ON MARCH 1ST, HE

RAN INTO A RAGING FIRE THAT RAPIDLY CONSUMED A THREE-STORY BUILDING

SENDING SMOKE PLUMES AS FAR AWAY AS CANADA. WITHIN MINUTES, THE

NYS ASSEMBLY MARCH 9, 2023

FIRE CREATED A DANGEROUS BACKDRAFT AND PORTIONS OF THE STRUCTURE

COLLAPSED. FIREFIGHTERS ON THE SCENE QUICKLY EVACUATED BUT IT WAS TOO

LATE. JASON MADE THE ULTIMATE SACRIFICE TO PROTECT THE PEOPLE OF OUR

CITY. HE IS REMEMBERED AS A LOVING HUSBAND AND A DEVOTED FATHER TO A

THREE-YEAR-OLD DAUGHTER AND A BELOVED COMRADE TO HIS FELLOW

FIREFIGHTERS AS WELL AS A SKILLED COOK WHO OFTEN PACKAGED LEFTOVERS FOR

THE HOMELESS INDIVIDUALS IN THE AREA OF ENGINE 2. AND OF COURSE, HE IS

REMEMBERED AS A SELFLESS HERO WHO GAVE EVERYTHING TO PROTECT AND

SERVE HIS COMMUNITY. PLEASE JOIN ME IN PRAYING FOR THOSE HE LEFT

BEHIND. HIS BROTHERS AND SISTERS IN THE BUFFALO FIRE DEPARTMENT, HIS

FAMILY AND ESPECIALLY HIS WIFE AND HIS BEAUTIFUL LITTLE GIRL. AND LET THIS

SERVE AS A STARK REMINDER OF THE RISKS AND DANGERS UNDERTAKEN BY EVERY

ONE OF THE FIREFIGHTERS IN OUR STATE WHO NEVER HESITATE TO RUSH TOWARD

DANGER WHEN THE REST OF US ARE RUSHING AWAY. THANK YOU, MR. SPEAKER.

MS. MCMAHON: THANK YOU, MR. SPEAKER, AND

THANK YOU TO THE SPONSOR OF THIS IMPORTANT RESOLUTION. TOMORROW

JASON ARNO WILL BE LAID TO REST. A BRAVE FIREFIGHTER WITH ENGINE 2 IN

THE CITY OF BUFFALO, JASON MADE THE ULTIMATE SACRIFICE FIGHTING A

TERRIBLE BLAZE IN AN OLD DOWNTOWN BUILDING ON MARCH 1ST. JAY WAS A

HUSBAND AND FATHER, A SON, A BROTHER AND A FRIEND. HE LOVED PLAYING

SPORTS, COOKING ELABORATE MEALS, SERVING HIS COMMUNITY AS A FIREFIGHTER

AND BEING A DAD TO HIS SWEET DAUGHTER OLIVIA. AS IS TYPICAL IN

WESTERN, NEW YORK, OUR ENTIRE COMMUNITY GRIEVES HIS LOSS AND HOLDS

HIS FAMILY IN A CARING EMBRACE. MAY HIS MEMORY FOREVER BE A

BLESSING. THANK YOU.

NYS ASSEMBLY MARCH 9, 2023

ACTING SPEAKER AUBRY: MEMBERS, MAY WE

RISE AS A SIGN OF OUR AFFIRM VOTE ON THIS RESOLUTION.

(WHEREUPON, ALL MEMBERS ROSE IN SUPPORT OF THE

RESOLUTION)

THE RESOLUTION IS ADOPTED.

WE DO HAVE NUMEROUS OTHER FINE RESOLUTIONS. WE

WILL TAKE THEM UP WITH ONE VOTE.

ON THESE RESOLUTIONS ALL THOSE IN FAVOR SIGNIFY BY

SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 169-173

WERE UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL FRIDAY, MARCH THE 10TH,

TOMORROW BEING A LEGISLATIVE DAY AND THAT WE RECONVENE AT 2:00 P.M.

ON MARCH THE 13TH, MONDAY BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 2:46 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL FRIDAY, MARCH 10TH, FRIDAY BEING A LEGISLATIVE DAY, AND

TO RECONVENE ON MONDAY, MARCH 13TH, AT 2:00 P.M., MONDAY BEING A

SESSION DAY.)