WEDNESDAY, MAY 17, 2023 11:47 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, May 16th.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, I now

move that we dispense with the further reading of the Journal of

NYS ASSEMBLY MAY 17, 2023

Tuesday, March [sic] the 16th and that the same stand approved.

ACTING SPEAKER AUBRY: Without objection, so

ordered.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, sir. To the

members and guests that are in the Chambers, I hope that you all feel

like it's a happy Wednesday, I do. I do want to share these words with

you from Margaret Thatcher. We did hear from her one day last

week, but these words I think are important. She says to us today,

Where there is discord, may we bring harmony. Where there is error,

may we bring truth. Where there is doubt, may we bring faith. And

where there is despair, may we please bring hope. Again, these words

are from Margaret Thatcher, who was the former Prime Minister of

British Columbia [sic] -- British Kingdom [sic].

Mr. Speaker and colleagues, you have on your desk a

main Calendar and we also have a debate list. So after any

housekeeping and/or any introductions, we're going to take up the

following committees off the floor: Ways and Means and Rules.

Members of these committees should note that today's off-the-floor

meetings will be take place in the Assembly Parlor, in the Assembly

Parlor as opposed to the Speaker's Conference Room. These

committees are going to produce an A-Calendar, which we will take

up on the floor today. We will begin our floor work with the debates

on the -- from our debate list, and we actually have Calendar No. 160

by Ms. Peiffer Amato, and Calender No. 22 by Ms. Kelles. There

NYS ASSEMBLY MAY 17, 2023

probably will be a need for additional debates, but we'll get to that

when we need to, Mr. Speaker. We will take up the Calendar

resolutions that we traditionally take up at the beginning of our

Session at the end of the day today, and I will further announce any

additional details as we proceed. There definitely is a need for a

Majority Conference immediately following Session today in Hearing

Room B at the conclusion of our work, and as always, we will consult

with out colleagues on the other side of the aisle to determine what

their needs may be in terms of conferencing.

So that's a general outline, Mr. Speaker. If you have

any housekeeping or introductions, now would be an appropriate time.

Thank you, sir.

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes.

No housekeeping, but we do have introductions.

(Pause)

SPEAKER HEASTIE: All right. So, we are -- we

are honored here today with a very special guest, a -- a brave -- brave

young fellow colleague from a -- a neighboring state called

Tennessee. And, you know, a few months ago, this young man and

two of his colleagues saw fit to want to say that enough is enough

when it came to -- when it comes to the proliferation of guns and the

-- and the damage that guns seems to do, particularly in inner cities

and communities of -- of color. And the -- and the price for that

statement was for him and two of -- him and one of his colleagues to

NYS ASSEMBLY MAY 17, 2023

be expelled from -- from office. What -- what a -- what a dangerous

thing for us to have to think about when you stand up and want to do

your job and do the right thing and represent your constituents that the

price of that could be being expelled. But we saw fit and wanted to

welcome our great colleague. I told him I'm going to make him an

honorary member of the New York State Assembly because he did

what we all come here to do -- come here to do, which is to be elected

and represent and stand up for your -- for your people.

And I just want to read his bio and I'll -- I'll do the

formal welcome. But Justin Pearson is the fourth son of five boys

born to teenaged parents in Memphis, Tennessee. Justin graduated

from Mitchell High School as valedictorian, and Bowdoin College in

2017, majoring in both government and legal studies, and education

studies. Justin is the President and Founder of Memphis Community

Against Pollution, MCAP, and co-founder of Memphis Community

Against the Pipeline, which is a Black-led environmental justice

organization that successfully defeated a multi-billion-dollar

company's crude oil pipeline that would have poisoned Memphis'

drinking water and taken land from the community. He's the

co-leader and strategic advisor for the Poor People's Campaign,

National Call for Moral Revival. He helped lead a national workforce

development non-profit, Year Up, which focused on social -- social,

racial and economic justice, and Special Assistant to the CEO of Year

Up. He helped over 10,000 young people from ages 18 to 29 years

old gain training and access to family-sustaining careers. Justin has

NYS ASSEMBLY MAY 17, 2023

been recognized as one of 2022's Most Influential Black Americans by

The Root, Humanitarian of the Year by Black Men Crowned, and the

Rotary Club's Environmental Trailblazer of the Year Award.

So on behalf of myself, the members, we want to

welcome you, Representative Pearson, to the People's House in the

Empire State of New York. We will forever extend the privileges of

this floor. Welcome, and thank you for coming and joining us here in

New York.

(Applause)

ACTING SPEAKER AUBRY: For the purposes of a

introduction, Mr. Santabarbara.

MR. SANTABARBARA: Thank you, Mr. Speaker.

On behalf of myself and Assemblymember Mary Beth Walsh, I'm very

pleased to introduce several guests, distinguished guests and military

leaders here with the Unified Military Affairs Council, representing

local military installations here in the Capital Region. In partnership

with the Capital Region Chamber, they are here for our annual Capital

Region Military Day that highlights the many military installations in

our area and how important they are not only to protecting us, but also

supporting our local economies, our culture and our way of life. The

Unified Military Affairs Council and the Capital Region Chamber

serve a mission to highlight the importance of these installations and

ensure their long-term viability and success. New York State is home

to hundreds of thousands of military families and -- veterans and their

families, and many of them are right here in the Capital Region. Our

NYS ASSEMBLY MAY 17, 2023

Capital Region Military Day, as I said, is meant to highlight these

installations, their contributions and their impact on the global,

national, State and regional economies. The dedicated members of

our Armed Services who call the Capital Region home are pillars of

our communities and they provide a great example to all of us.

So joining us today, we have Colonel Christian E.

Sander, Commander of the 109th Air Lift Wing, Stratton Air National

Guard Base; Colonel Robert E. Donaldson, Vice Commander of the

109th Air Lift Wing; Colonel Alain G. Fisher, Commander of the

Watervliet Arsenal; Major John A. Harder, Deputy Commander of the

New York -- New York Army National Guard Recruiting and

Retention Battalion; Lieutenant Commander Lane Cameron,

Commanding Officer of the Naval Reserve Center, Schenectady, New

York; Lieutenant Michael Cristiano, U.S.N. submarine warfare --

warfare officer, recruit -- Reserve Officer Recruit at the -- Recruiter at

the Navy Officer Recruiting Station in Albany; Captain Joshua

Bowers, Executive Officer of the 109th Airlift Wing; Chief Master

Sergeant Jeffrey Trottier, Wing Commander Chief of the 109th Airlift

Wing. Joining them are also, from the Capital Region Chamber,

President and CEO Mark Eagan, and Thomas O'Connor, Vice

President of Government Relations, and members of the Unified

Military Affairs Council.

Mr. Speaker, earlier this week we passed a resolution

recognizing Capital Region Military Day and these local leaders in the

military installations in the Capital Region. And today, I'm so very

NYS ASSEMBLY MAY 17, 2023

pleased to have these representatives here in the -- the Assembly

Chamber. If you would please welcome them and extend to them all

the cordialities of the House.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Santabarbara, Ms. Walsh, Ms. Fahy, all the members -- 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 on the service that you have provided your country

and continue to provide. Know that you are always welcome here and

always have a friend in the People's House. Thank you so very much.

(Applause)

Mr. Gallahan for the purposes of a introduction.

MR. GALLAHAN: Thank you, Mr. Speaker. It's my

privilege to introduce my constituent from the 131st Assembly

District, Abigail Marion. Abigail and her husband Eric and son Chase

live in Ontario County in the metropolis of Shortsville, New York,

and Abigail was interested in coming down here to observe our -- our

proceedings from today and learn more about government here in

New York. Abigail is a -- a board member and Director of

Programming at the Shortsville Manchester Community Center. She

also spends many, many hours in the community gardens, helping

feed our families in -- in Ontario County. And she's an independent

local reporter.

So Mr. Speaker, if you would please offer the

congenialities [sic] of the House to Abigail Marion, I'd appreciate it.

NYS ASSEMBLY MAY 17, 2023

Thank you very much.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Gallahan, the Speaker and all the members, Abigail, we

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

privileges of the floor. Thank you for the work that you're doing for

your community. Continue that great work and know you are always

welcome here. Thank you so very much.

(Applause)

Mr. Simpson for the purposes of a introduction.

MR. SIMPSON: Well, thank you, Mr. Speaker. It is

my honor to introduce to you the 2023 Class D Regional Champions

from the 114th Assembly District, the North Warren Middle-High

School's boys basketball team. They're here today with their coaches,

Head Coach James Cuyler, as well as coaches Colby May and Thomas

Stangle, Brodie Rooker and Patrick Veehley (phonetic). The student

team managers are also here with us today. The Cougars had a very

memorial -- mem -- memorable -- memorable and record-setting

season, having earned the Section II Class D Championship title and

the Class D Regional Championship title, ultimately concluding their

season with an overall record of 19-6. I'd like to introduce the players

that are here today: Zach Hopper; Angelo Willette; Cooper

Morehouse; Wyatt Jennings; Elijah Horge; Zachary Kramer; Hunter

Conger; Coleman Swartz; Tyler Hitchcock; Giovanni Marron; James

Conway; Isaiah Tyrell; Semaj Cuyler, who earned the title of

Tournament MVP during the sectionals; Derrick Tyrell, who along

NYS ASSEMBLY MAY 17, 2023

with Semaj, were recognized as Class D honorable mentions. Sean

Evans averaged 19 points per game this year, earning him a selection

to the first team of the Adirondack League Boys Basketball All-Star

Team, and just recently named to the Class D Basketball All-State

fourth team.

These young -- young men have worked diligently to

be where they are today, so Mr. Speaker, could you please welcome

these fine athletes to the People's House and extend them the

cordialities of the floor?

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Simpson, the Speaker and all the members, we welcome you

here to the New York State Assembly, extend to you the privileges of

the floor, congratulate you on the successes, the memorable successes

that you've had this year. Continue to know that that success that you

built with each other through teamwork is something that you will

build together in life. Continue that work, know that you hopefully

will go on to colleges as best you can and that that work will continue.

Please know that you're always welcome here, this is your State

Capitol. Thank you so very much.

(Applause)

For the purposes of an introduction, Ms. Walsh.

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

So, today in conjunction with STEAM Day, which has been sponsored

by my colleague, Assemblywoman Lunsford, I'm joined here today by

a fantastic robotics team from my district, from the 112th Assembly

NYS ASSEMBLY MAY 17, 2023

District, and they're from Shenendehowa High School. They are

Team 20, The Rocketeers. As many of you passed today from the

LOB into the Capitol, you might have seen their robot who, fun fact,

the name is Aster, and saw them at work. I've been able to attend a

few of these robotics competitions that we've had, they are fantastic.

They are one of my two favorite robotics teams in Saratoga County.

Anyway, the 2023 season has been a really busy one for them. They

went to the Finger Lakes Regional in Rochester where they were

ranked 8th and got the Excellence in Engineering Award. They went

to the New York Tech Valley Regional in Albany that some of us saw

at the end of March, they were ranked 5th. They had Volunteer of the

Year Award, First Dean's List Finalist Award and Quality Award.

They went to the Daily Division Nationals in Houston, Texas, back in

April, just a few weeks ago, and they were ranked 19th. I won't list all

the names of the students, but we know that science, technology,

engineering, arts and math are a really great way for our kids to get

engaged and prepare for their futures. This is a wonderful robotics

team, and Mr. Speaker, would you please welcome them to the -- to

the Chamber and offer them all the cordialities of the House?

ACTING SPEAKER AUBRY: Certainly. On behalf

of Ms. Walsh, the Speaker and all the members, we welcome you here

to the New York State Assembly, extend to you the privileges of the

floor, congratulate you on the teamwork that you've engaged in and,

obviously setting the pace for our future. Robotics is clearly going to

be where we go. We hope that you will continue to follow that and

NYS ASSEMBLY MAY 17, 2023

enhance this society and community with your knowledge and your

skills. I believe one of you I saw this morning on TV being awarded

-- who's that, raise the hand. Who was that on TV? There you go.

Congratulations.

(Applause)

Ms. Lunsford for the purposes of a introduction.

MS. LUNSFORD: Thank you very much, Mr.

Speaker, and thank you to my colleague for introducing the idea of

STEAM Education Day. I encourage you to go check out all of the

wonderful teams, and we have the STEAM bus downstairs, we'll be

doing a STEAM resolution later today. But I'm here today to

recognize Penfield, New York's Team 1511 Rolling Thunder. While

the 135th District is home to many fabulous robotics teams, they are

the only ones who gave me a T-shirt, so they are here today.

(Laughter)

We are very happy to have them. They are recurring

award winners of the Chairman's Award, which is given to teams for

their advocacy and their citizenship. They come to Albany to

advocate for funding for other robotics teams that aren't as resourced

as they are. It is because they lift up other teams and other students

and that we recognize them today and, Mr. Speaker, if you wouldn't

mind giving them the cordialities of the floor.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Ms. Lunsford, the Speaker and all the members, we also recognize

this tremendous group here to the New York State Assembly, extend

NYS ASSEMBLY MAY 17, 2023

to you the privileges of the floor. This is the People's House. Let me

also say I'm really impressed by you guys because as other people

were acknowledged, you stood up and applauded. It shows that you

do understand what teamwork is about, no matter what endeavor

human beings are engaged in. Thank you so very much, continue that

great work.

(Applause)

Mr. Reilly for the purposes of an introduction.

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

want to welcome, and I want you all to join myself, Assemblymember

Pirozzolo, Tannousis and Fall in welcoming a great group from Staten

Island, Bridge Prep Charter School, who are up here advocating for

Dyslexia Day. And first I want to introduce the Executive Director,

Tim Castanza, who is a dear friend to all of us; his admin staff,

RoseMarie Illuzzi and Fahron Ebanks. But most importantly, there

are two people here that really need to recognized, Adina and Sam

Sussman, two students from Bridge Prep, and Adina will be the first

graduating class from Bridge -- Bridge Preparatory. Her -- their --

their father Josh is also here, and the remarkable teachers, Janet

Ramirez, Clarissa Cimino and Theresa Cooke. Their work is nothing

short of remarkable.

So I hope that we can all join together and welcome

them on their journey of advocacy today, and please, Mr. Speaker,

extend to them the cordialities of the floor.

ACTING SPEAKER AUBRY: Certainly. On behalf

NYS ASSEMBLY MAY 17, 2023

of Mr. Reilly and the rest of the Staten Island Delegation, we welcome

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

privileges of the floor. Our congratulations to both students, to

parents, to teachers for their extraordinary work and life experience

you're going through. Thank you also for spending time trying to

educate this society about what it means to be dyslexic and what its

possibilities are for your future. Thank you so very much, continue

that great work. We are always pleased to have you here.

(Applause)

Mrs. Williams for the purposes of a introduction.

MRS. WILLIAMS: Thank you, Mr. Speaker, for

giving me the privilege to introduce our former member, colleague,

team player, former Assemblymember Felix Ortiz, who served in this

House for 26 years, who also had the privilege to serve as the

Assistant Speaker. Nowadays, Mr. Felix is doing some humanitarian

work, plus he's also a Lion Brother, just as me, being a Lion Sister,

leading efforts to Guatemala and Tanzania, and also had the honor of

finishing his Doctorate.

So I ask of you, Speaker, to please extend the

cordialities of the House to our brother and former colleague, Dr.

Felix Ortiz. Thank you.

(Applause)

ACTING SPEAKER AUBRY: Felix, once a

member, always a member. That's what we tell you. We're not

surprised that you have taken on new roles in life and extending and

NYS ASSEMBLY MAY 17, 2023

making it better for everyone. That was who you were for 26 years

here in the Assembly, that is who you are now and will be into the

future. It is our pleasure and honor to have you back visiting us.

Thank you so very much.

(Applause)

Mr. -- Mr. Meeks for the purposes of a introduction.

MR. MEEKS: Thank you, Mr. Speaker. I would like

to recognize another robotics team that joined us here today.

Although I am right down the street from Penfield, they did give me

some pamphlets here, not quite a T-shirt, but it was great to meet you

young guys -- young scholars as well. But I want to recognize Team

191 from Wilson Magnet High School in the 14619 of the 137th

Assembly District, the X-Cats Wilson Robotics Team. Great to see

you all.

(Applause)

Speaker, I ask that you extend the cordialities of the

floor. Thank you.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Meeks, the Speaker and all the members, we welcome this

robotics team here to the New York State Assembly. Again,

congratulate you on the work that you're doing together, and that the

advancing of this society will clearly be through the STEAM kind of

programs that you're involved in. Continue that great work and know

you are always welcome here. Thank you so very much.

(Applause)

NYS ASSEMBLY MAY 17, 2023

For the purposes of a introduction, Mr. Goodell.

MR. GOODELL: Thank you very much, sir. I ask

that you recognize and extend our hospitality to Harry McAvoy. Mr.

McAvoy is a long-time Republican Conference staffer. He retired

about ten years ago, but his legacy as a policy expert continues. And

as every single person in this room knows, when we say something

that's thoughtful, intelligent, well-researched, we can thank our staff

for their behind-the-scenes work, which is so critical for the future of

the State of New York, and Mr. McAvoy was a key part of that for us

for many years.

Thank you, sir.

ACTING SPEAKER AUBRY: Thank you. On

behalf of Mr. Goodell, the Speaker and all the members, Mr. McAvoy,

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

you the privileges of the floor. Thank you for joining us here today.

Hopefully you will continue to influence all of us with your wisdom

and your research. Thank you so very much.

(Applause)

Ms. Sillitti for the purposes of an introduction.

MS. SILLITTI: All right. Thank you, Mr. Speaker.

We have so many introductions today, what a great group of people

we have. So for me, on behalf of myself, Assemblyman Lavine, Stern,

the Long Island Delegation, and also Assemblymember Rajkumar

who's been a leader on this, it gives me great pleasure to introduce to

the Chamber the Eid Coalition [sic]. They are a diverse group of

NYS ASSEMBLY MAY 17, 2023

Muslim-Americans from across New York State, many from my

district, though, and to talk about Eid holidays in our schools. And we

have a bunch of members here that are joining us, we're so happy that

they're here. And the mission of the Eid Coalition [sic] is to provide

valuable resources, information, expertise to our communities to

support Eid as official school district holidays. You know, there are

two Eid holidays, and both are significant to the Muslim faith, and I

very much want to thank the Eid Coalition [sic] for coming today,

schleping all the way up to Albany, we very much appreciate it, and

Mr. Speaker, please welcome our guests to the People's House.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Ms. Sillitti, the Speaker and all the members, we welcome you here

to the New York State Assembly, extend to you the privileges of the

floor. Thank you for the work that you're doing enhancing your

community and the communities of Long Island. Continue that great

work, and know that you always have friends here in Albany. Thank

you so very much.

(Applause)

Mr. Eachus for the purposes of an introduction.

MR. EACHUS: Thank you, Mr. Speaker. On behalf

of Assemblyman Jacobson and Assemblyman Maher and myself, I

would like to introduce from my alma mater -- and by my alma mater

I'm talking about the school I taught at for many years, Newburgh

Free Academy -- the Student Council for the Newburgh Enlarged City

School District. These 35 folks up here represent the 13,000 students

NYS ASSEMBLY MAY 17, 2023

of the school district, and they do it very admirably and they do it

voluntarily and so I thank them all for their time. The advisors,

several who are fellow teachers, so I guess I haven't been gone for that

long, are Melanie Larkin, Amanda O'Neill, Linda Rooney and Almira

Titre.

And, Mr. Speaker, if you wouldn't mind welcoming

them and giving them the cordialities of the floor, I'd appreciate it.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Eachus, Mr. Jacobson, Mr. Maher, the Speaker and all the

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

extend to you the privileges of the floor. Hope that you have had a

profitable trip here to Albany. Know that we are really appreciative of

the work that you're doing to enhance education in your communities.

Continue that work, that is how we establish a better future for

everyone in this country. Thank you so very much for your work.

(Applause)

Mr. Fitzpatrick for the purposes of an introduction.

MR. FITZPATRICK: Thank you, Mr. Speaker. You

know, listening to all of these introductions, I think this is the most

I've experienced in my 21 years here. But I'll tell you, it makes me

thirsty, and I'd love nothing more right now than an ice cold beer.

And lucky for us, in attendance we have members of the New York

State Craft Beers -- Craft Brewers Association [sic]. This afternoon at

5 o'clock in The Well, we will enjoy their craft, and I invite everyone

to join us beginning at 5 in The Well. So with us today is a dear

NYS ASSEMBLY MAY 17, 2023

friend of mine from Long Island who now serves as the President of

the New York State Craft Brewers Association, Mr. Rich

Vandenburgh of Greenport Harbor Brewing. And also with him is

Paul Leone, who is the Executive Director of the New York State

Brewers Association. Also, we have Dawn Schulz of Prison City

Brewing Company, and we also have Chris Spinelli who is the

founder and owner of Roc Brewing out in Rochester. And Prison City

is in Auburn, by the way; Greenport Harbor is out on the North Fork

of Long Island in Greenport. And finally, Mr. Hutch Kugeman, the

head brewer at the Culinary Institute of America, their brewery. With

a name like that, that beer's got to be really good.

So I just want to ask you to welcome them to the

Chamber and give them all the cordialities of the House, and as you

always do such a good job with, Mr. Speaker. Thank you.

ACTING SPEAKER AUBRY: Certainly, thank you.

On behalf of Mr. Fitzpatrick, the Speaker and all the members, we

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

you the privileges of the floor. And with some certainty, we know

we'll see you about 5 o'clock.

Thank you so very much. We're so happy that you're

here. Continue the work that you're doing to enhance the refreshment

industry in this State. Thank you so very much.

(Applause)

Page 15, Calendar No. 160, the Clerk will read.

THE CLERK: Assembly No. A02866, Calendar No.

NYS ASSEMBLY MAY 17, 2023

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

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

homeowners insurance deductibles triggers.

ACTING SPEAKER AUBRY: An explanation is

requested.

MS. PHEFFER AMATO: Good morning, absolutely.

An explanation? For sure.

ACTING SPEAKER AUBRY: Yes, please.

MS. PHEFFER AMATO: I'm sorry, I lost myself.

This bill would establish reasonable standards for the

operation of hurricane and windstorm deductibles, and it would

promote better understanding of the applicability and amount of

hurricane and windstorm deductibles in homeowners and dwelling fire

policies. This bill amends Bill [sic] 3 -- 3455 of the Insurance Law to

require the Superintendent of the Department of Financial Services to

promulgate regulations providing standards for hurricane and

windstorm deductibles which create, to the greatest extent possible,

uniformity in the operation of such deductibles with respect to

triggering events.

ACTING SPEAKER AUBRY: Mr. Blumencranz.

MR. BLUMENCRANZ: Thank you, Mr. Speaker.

I'm just going to speak on the bill, thank you.

This bill was introduced a quarter-of-a-century ago.

It has been in front of this House quite a long time. The insurance

market has changed. We've experienced many hurricanes since the

NYS ASSEMBLY MAY 17, 2023

one that created the need -- or the -- the thought need for this -- this

bill, but the -- the environment has changed, as well. New York has,

like the rest of the world, experienced the effects of climate change

and the reality on the ground in the insurance -- in the property

insurance world is that we have a competitive market here in New

York.

Since the inception of this bill until now, we luckily

today have an example of what uniform triggers and implementation

really look like. And you can look no further than the State of Florida

who, in 2006, decided to make such an implementation. It has been

nothing short of a catastrophe. You have seen the State create the

Citizens Insurance Fund to make up for the difference of the departure

of the private insurance market. It has increased from a few thousand

to 500,000 to over a million homes. This insurance fund is bankrupt.

The State will be footing the bill and it will lead to complete

economic catastrophe in the State of Florida if it's not addressed.

New York, especially Long Island and the coastal

areas of Long Island, will be hit the hardest, has seen relatively good

rates compared to other coastal areas, and that's because it has a very

competitive market and high home values. The New York Property

Insurance Underwriting Association acts as sort of a smaller high-risk

pool for the uninsurable. In the last five years we've seen a 60 percent

reduction in those who have entered this pool, only around 5,000

homes. That is an amazing number considering how high the risk is.

That competitive market that allows for so many of the home buyers

NYS ASSEMBLY MAY 17, 2023

and homeowners on Long Island to -- to purchase insurance relies on

the ability for them to negotiate their rates, to decide if a home is, you

know, in a very high-risk coastal area that they may determine, and for

the sake of the purchaser's and the policyholder's wallet, that they

might want to go for higher deductibles. And it -- it really plays a

huge role in keeping the prices stable, is having a competitive market,

like any other marketplace in a free and open market.

The reinsurance market has changed in New York, as

it has in Florida, as in everything goes to non-admitting carriers, and

the admitting carriers that do exist in the insurance market there,

which you think would be stable, are a -- simply a facade. I can't

express enough how outdated this 25-year-old-bill is. It does not take

into account the realities of 2023, the environment of 2023, and the

effects of climate change. Long Island is in the pathway of hurricanes

virtually every year. We are -- we are almost in the same line of

destruction as other southern states, and it is so important that we take

that into consideration when we look to completely overhaul and

create what could be the same catastrophe Florida has created.

I wholeheartedly disagree with this bill. I think that it

leads us down a path that would potentially cost the State billions of

dollars, and I urge my colleagues to vote in the negative. Thank you

very much.

ACTING SPEAKER AUBRY: Thank you, sir.

Ms. Pheffer Amato.

MS. PHEFFER AMATO: On the bill.

NYS ASSEMBLY MAY 17, 2023

ACTING SPEAKER AUBRY: On the bill, ma'am.

MS. PHEFFER AMATO: Mr. Speaker, thanks for

the opportunity. I could just say a few names: Hurricane Sandy,

Hurricane Irene, Hurricane Isaias, and these are storms that

consumers, homeowners, suffered fighting with their insurance

company because there's not a uniformity deductible for windstorm or

what a windstorm is. Is it the wind? How does that get created? And

we created this bill, 25 years, still the consumer is not protected. So

we wanted to protect the homeowner with their policy and not worry

about insurance companies.

I'm proud to sponsor this bill and I look for my

colleagues to support it. Thank you.

ACTING SPEAKER AUBRY: Thank you.

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.)

Mr. Goodell to explain his vote.

MR. GOODELL: Thank you, sir. Ironically, back in

1992, a hurricane called Hurricane Andrew - I don't know how they

came up with that name - but Hurricane Andrew struck New York

State and it caused a considerable amount of destruction, and as a

result of that, the insurance industry in New York was under crisis.

NYS ASSEMBLY MAY 17, 2023

And in response to that, the Insurance Department, in conjunction

with multiple experts, examined the way that we write insurance

dealing with wind damage, hurricanes and things like superstorms.

And from that came the current rules and regulations that govern the

ability of consumers to select what type of coverage they want. And

so out of that earlier disaster from Hurricane Andrew came the present

system. And it seems that we forget history from time to time, and

now this bill takes us literally back 30 years to where we were in 1992

with all the problems that were proven to exist in 1992, completely

forgetting the horrific problems that we had then and, in the process,

eliminating the choice that consumers had to decide what type of

deductible, how much the deductible, when it's triggered. We

eliminate all that consumer choice and go back to the exact system

that proved to be such a disaster 30 years ago.

For that reason, I will not be supporting it. Thank

you, sir.

ACTING SPEAKER AUBRY: Mr. Goodell in the

negative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Mr. Goodell.

MR. GOODELL: Thank you, sir, for allowing me to

interrupt the proceedings to introduce a truly remarkable woman to

our -- our Chambers. And I'd like to introduce Julia Gershun. She is

NYS ASSEMBLY MAY 17, 2023

a former Miss Ukrainian [sic], winner of the Top Model of the World

Award in 2017, Miss [sic] Universe in 2018, a TV presenter, an

ambassador of UNICEF, and President of the international charitable

organization, the Peace Committee of Ukraine. Thank you for coming

and standing next to me. It's the only time I'm going to have my

picture taken with a world top model.

(Laughter)

During the war in Ukraine - and this is even more

important and I think notable than her incredible background - Julia

has evacuated more than 10,000 children with their mothers to other

European countries. I'm just incredibly overcome by the human

tragedy that this war has on individuals and families and children. I'm

so thankful that Julia -- Julia is helping out. She's also established

rehabilitation programs for -- for soldiers and children with cancer in

Israel. She has a deep knowledge of the problems faced by refugees,

and is trying to do everything in her power to see that peace in

Ukraine will be quickly restored.

On behalf of my colleague, Mike Novakhov, and the

rest of our members, please welcome this incredible lady and all that

she's doing and extend to her the privileges of the floor. Thank you,

sir.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Goodell, Mr. Novakhov, the Speaker and all the members,

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

People's House. We are in awe of the work that you've done. Clearly,

NYS ASSEMBLY MAY 17, 2023

the song that used to be sung in my age, beauty is only skin deep, in

your case, it comes from within and it is more than just skin deep, it

radiates with everything you've done. Please know that we are

welcome and honored to have you. Continue the great work. Know

that you always have friends here in Albany. Thank you so very

much.

(Applause)

Page 7, Calendar No. 22, the Clerk will read.

THE CLERK: Assembly No. A01142, Calendar No.

22, Kelles, Raga, Ardila, Otis, Bores. An act to amend the General

Construction Law, in relation to requiring the use of gender-neutral

terms in law.

ACTING SPEAKER AUBRY: An explanation is

requested, Ms. Kelles.

MS. KELLES: Absolutely. The purpose of this bill

is to require that gender-neutral terms be used in any law, rule,

regulation, ordinance or resolution. As the Legislature, we have

passed many, many bills changing outdated gender terms in law, the

most obvious being that we now have a female Governor, so all

previous reference to the Governor in law as "he" became inaccurate.

I think most of us can agree on the principles behind this bill, that

individuals should be referred to in the manner in which they want to

be referred, and our laws should not be exclusionary.

I want to be clear that the intent of this bill is not to

dictate the exact words and phrases that would be needed to be used in

NYS ASSEMBLY MAY 17, 2023

law going forward. For example, you can use they/them - and we can

discuss that, which I expect that we will be in depth today - but you

could also use the person, the individual, and so forth. And those are

all also gender-neutral.

ACTING SPEAKER AUBRY: Mr. Goodell.

MR. GOODELL: Thank you, sir.

On the bill.

ACTING SPEAKER AUBRY: On the bill, sir.

MR. GOODELL: I appreciate the sponsor's desire

that the language in the statutes of New York be gender-neutral, and

indeed, last year we unanimously passed a bill that did that for the

Governor. But what we did not do last year is refer to the Governor as

"they," "them," or "their." Instead, we referred to the Governor as the

Governor. And we can rewrite all the New York State statutes to be

gender-neutral without creating confusion, or without offending

anybody, by using appropriate pronouns like the defendant, or the

applicant, or the permittee, or the officeholder. The problem is when

we start using the phrase -- the -- the words "they," "them" and "their"

and we're referring to a singular person, we can create confusion in

how the language is interpreted, especially if the language deals with

multiple entities. And so often we have language, for example, that

talks about a district attorney and a judge, and if we now start

referring to the district attorney as "they," it may create confusion. Or

likewise, often we talk about the Governor, and in the absence of the

Governor, the Lieutenant Governor, and we start using the word

NYS ASSEMBLY MAY 17, 2023

"they," it could lead to confusion that they both have to agree to some

action. And don't need to go there. We can be general --

gender-neutral, as we should be, without using a phrase that only less

than one percent of New Yorkers relate to. And so what, we're going

to offend the other 99 percent? Most of us would prefer to be

addressed as he or she. Only less than one percent like the word

"they" and we don't need to have that controversy. We can be clear,

we can be precise and we can be gender-neutral, but this bill does not

do that. And for that reason, I will not be supporting it.

Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

Ms. Kelles on the bill.

MS. KELLES: Thank you so much. I think that it's

really important that we don't base our legislation on fear or personal

opinions or offense, but that we align our legislation with what is the

standard, not just for individuals or social, but what has been

recognized as the standard throughout the country by dictionaries, by

the American Board Association, so all our legal society across the

nation, by the MLA, which is, I'll read the definition, the Modern

Language Association Style Guide, the APA, also a style guide, which

is the American Psychiatric Association. I have here also the AP style

guide, I have also a really important one, which is the Chicago Manual

Style Guide, as well as the Association -- sorry, the National Council

of Teachers of English. I don't need to read every single one of these,

but every single one of them has made a statement specifically in

NYS ASSEMBLY MAY 17, 2023

support of the use singular "they." And I'm just going to read a few

that I think are really important. As the Webster Dictionary has added

"they" as a singular, from the Merriam -- Merriam Webster

Dictionary: Non-binary "they" takes a plural verb despite its singular

reference, which can make the grammatical conservative

uncomfortable. It's helpful to remember that the pronoun "you" was

initially plural, which is why it, too, takes the plural verb even when

it's referring to a single person. You are, has of course, been perfectly

grammatical for centuries, even when the "you" is an individual.

Now, let's look at the APA style. Why use the

singular "they?" When readers see a gendered pronoun, they make

assumptions about the gender of the person being described. APA

advocates for the singular "they" because it is inclusive of all people

and helps writers avoid making assumptions about gender. When

should I use the singular "they?" Writers should use the singular

"they" in two main cases: A, when referring to a generic person

whose gender is unknown or irrelevant to the context, and B, when

referring to a specific known person who uses "they" as their pronoun.

Let's go to the American Board Association. First,

according to the ABA, let's address the fallacy that all gender --

gender-inclusive language is a recent trend. The use of all

gender-inclusive language has been around since at least the late

1380s. It has been used in many works in literature. In appears in

Chaucer's Canterbury Tales in the 1380s. It also appears in other

works that are part of many required reading lists, including Jane

NYS ASSEMBLY MAY 17, 2023

Austen's Pride and Prejudice, 1813; Shakespeare's Hamlet; Dickens

in both the Picwick Papers, 1836, and Nicholas Niclebee, 1839; and

George Bernard Shaw's Antony and Cleopatra in 1898. These are but

a few examples of the long history of gender-neutral language. The

United Nations guidelines for gender-inclusive language in English

also are another great resource. Another comment, do not mistake --

do not make gender visible when it is not relevant to the conversation.

Lastly, from the ABA, here are some additional

practical ways to approach updating to all-gender gender-inclusive

language, all-gender, gender-inclusive word choices include: One,

rather than she or he; staff, rather than manpower; they, them, their

rather than he or she, his or hers. And this from the MLA, because it

lacks grammatical agreement, this use of a singular "they" has been

considered a less desirable option than revising to use the plural or

rephrasing without pronouns, but it has emerged as a tool for making

language more inclusive, and the MLA encourages writers to accept

its use to avoid making or enabling assumptions about gender.

I could keep going on and on and on. These are the

experts in the field. They are all saying the exact same thing, that it is

time to incorporate they/them as the singular, when it is appropriate,

to make all of our language gender-neutral. And I will reiterate for

everyone here that this bill does not require that they/them be used for

every single bill. As was previously mentioned by my colleague, if

someone prefers to use the person, the individual, or more specific,

the staff as I previously mentioned, that is also totally acceptable. The

NYS ASSEMBLY MAY 17, 2023

only thing that is not acceptable moving forward for all legislation in

New York State as written is to have it be gendered specifically

because that is exclusionary, and that is not who we are as New

Yorkers, any of us.

Thank you so much. Obviously, I stand in the

affirmative to my legislation.

ACTING SPEAKER LUNSFORD: Mr. Pirozzolo.

MR. PIROZZOLO: Thank you, Mr. [sic] Speaker,

just to speak on the bill. No disrespect to the sponsor. It's not often,

that as an individual and maybe as a legislator, that I become

somewhat embarrassed, but today is one of those days. We have such

problems that we're facing right now. Right now we have an

unprecedented migrant crisis, we have a health crisis, we have to deal

with homelessness, mental health issues. We have crime and safety

issues, we have tax issues, we have education issues and so much

more. The fact that we are spending this much time talking about a

bill like this instead of solving the other issues that follow or that are

happening in this State right now, I am embarrassed that I have to be

sitting here to have this conversation to discuss this. But if this is

what "they" want to do, then let "them" do it, but please let's try to fix

some of the other problems that the State has. Thank you.

ACTING SPEAKER LUNSFORD: Mr. Ra.

MR. RA: Thank you, Madam Speaker. Would the

sponsor yield for a quick question?

ACTING SPEAKER LUNSFORD: Would the

NYS ASSEMBLY MAY 17, 2023

sponsor yield?

MS. KELLES: Of course.

ACTING SPEAKER LUNSFORD: The sponsor

yields.

MR. RA: So I just wanted to ask, relative to the

language here, it says hereinafter in any law, rule, regulation,

ordinance or resolution. So obviously, you know, when we're talking

about administrative things, rules, regulations, that's one thing that we

can dictate in law, but how can we put something in law that says

what any future law that may be considered by this Legislature can

do? I mean, are -- are you saying that a bill that was to come before

this House that didn't comply with this would be null in some way?

MS. KELLES: No. So any -- when we pass bills,

when we write bills --

MR. RA: Yes.

MS. KELLES: -- it incorporates --

MR. RA: Yes, absolutely.

MS. KELLES: -- pieces of language of existing law

to show us where we are embedding new language or whether --

where we are changing language. So every time we are doing that, we

are bringing in pieces of existing law. When we do that, that will be

the opportunity to update. So where there is antiquated language

where it is gendered, then we will modify it to be non-gendered. It is

not nullifying any of existing law, but it is moving forward when you

write a piece of legislation, it will be required to be gender-neutral.

NYS ASSEMBLY MAY 17, 2023

MR. RA: So I --I guess I -- I would disagree with

you there. I don't think we have the power to say what any future -- I

mean, if a bill were to come before us that doesn't comply with this

and we pass it, it doesn't have any less effect of law because this is --

MS. KELLES: We wouldn't pass it without changing

-- this is saying by law, the bill would need to be required to comply

with existing law. So it would comply with existing law or it would

not be passed.

MR. RA: But a -- a bill that comes before us has the

potential to be law. This -- this is not a constitutional amendment, it

doesn't have any more weight than any other bill that we would pass

in this Body. So I don't see how we can -- and, in fact, I just looked

on my computer here, there are tons of bills pending before this House

that have gendered language, including some that you are sponsoring.

So...

MS. KELLES: In general, in General Construction

Law, we have done this many times before. This is not new. In fact,

we did do, as we discussed last year, that any reference now to the

Governor will be non- -- non-gendered. So this is not a new action,

this is pretty standard practice.

MR. RA: I -- well, think we're going to -- we're

going to agree to disagree there because anything that comes before

this House, we -- we have zero power to tell the Legislature what it

can and can't do in terms of law in the future. We can change

something in the Constitution and that has more weight than law, but

NYS ASSEMBLY MAY 17, 2023

some bill that comes before our House in the future that doesn't

comply with this, if we were to pass it, it has no less weight than --

than this does. So I guess --

MS. KELLES: I'll agree to disagree.

MR. RA: -- we're going to have to agree to disagree

on that.

MS. KELLES: That's fine. It occasionally happens.

MR. RA: Thank you to the sponsor.

Madam Speaker, on the bill quickly.

ACTING SPEAKER LUNSFORD: On the bill.

MR. RA: You know, so I was just looking, I mean,

there's tons of bills pending before this House that have gendered

language. I mean, I -- I think it's one thing to say when we're dealing

with regulations, rules, all that type stuff, or -- or even trying to get at

existing laws with respect to this, but I (inaudible) against it. I -- I

don't think we can tell the future Legislature what it can and can't do.

And it looks nice on paper, but I don't think it has any actual legal

effect to say that a future bill coming before us has to comply with --

with certain things, because we can write a bill that says anything and

it has equal weight if it were to pass this House and get signed into

law as this if it was to get signed into law.

Thank you.

ACTING SPEAKER LUNSFORD: Read the last

section.

THE CLERK: This act shall take effect immediately.

NYS ASSEMBLY MAY 17, 2023

ACTING SPEAKER LUNSFORD: A Party vote has

been requested.

Mr. Goodell.

MR. GOODELL: Thank you, Madam Speaker. As

mentioned earlier, we are certainly fully supportive of gender-neutral

language, but we don't believe this bill is the right way to approach

and as a result, most of the Republican Conference will be in the

negative; however, those who support this legislation are certainly

encouraged to vote in favor here on the floor. Thank you, Madam

Speaker.

ACTING SPEAKER LUNSFORD: Mrs. Peoples-

Stokes.

MRS. PEOPLES-STOKES: Thank you, Madam

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

this piece of legislation; however, there may be some of our

colleagues that would choose to be an exception. They should feel

free to do so by voting at their desk. Thank you.

ACTING SPEAKER LUNSFORD: The Clerk will

record the vote.

(The Clerk recorded the vote.)

Ms. Gonz�lez-Rojas to explain her vote.

MS. GONZ�LEZ-ROJAS: Thank you, Mrs. [sic]

Speaker. I am -- I stand here to commend the sponsor of this bill for

this very important piece of legislation. I have spent my entire career

fighting for gender justice, and I recognize how important pronouns

NYS ASSEMBLY MAY 17, 2023

are. And this bill is meant to be inclusive, not exclusive, and it's high

time and due time that we ensure that the way in which we write our

laws finally match the identities of the 21st Century and is inclusive of

everyone.

So thank you so much to the Speaker, and I proudly,

proudly vote in the affirmative.

ACTING SPEAKER LUNSFORD: Ms. Kelles to

explain her vote.

MS. KELLES: I didn't feel that I needed to step up

and explain my vote, but there was a comment made here today that I

can't let lie, which is there are more important things that we should

be talking about and addressing than the issue of exclusion of entire

groups of people from our very laws. I am appalled by anyone who

believes that this issue is not important. Last week, a 7th grader who

is trans in my community committed suicide because they feel

fundamentally unaccepted -- felt fundamentally unaccepted by society

itself. I had a member of my family when I asked them if they wanted

to come visit Albany and visit the Chamber, who said to me, No, I

don't want to put you in danger. We have an unprecedented number

of people committing suicide from the LGBTQI community because

of how they are being treated across this country, as if they are lesser

of human beings. That is what our law currently says. That is what

we are correcting today, so that we can -- we can write laws out of

love, out of acceptance, out of inclusion. That is all. And for anybody

who feels offended by the simple use of a pronoun, then we really

NYS ASSEMBLY MAY 17, 2023

have bigger problems than just this word.

So I am hoping that everybody can embrace this with

the compassion, with the spirit of it that was intended, for inclusion of

everybody moving forward in New York State. They have a right to

be here, they have a right to be identified, they have a right to be

included. Thank you so much.

ACTING SPEAKER LUNSFORD: Thank you.

Ms. Walsh to explain her vote.

MS. WALSH: Thank you very much. So, I -- I do

feel that this is not high on my list of priorities, this piece of

legislation. I'm not going to support it. I want to just offer just a

quick story. My sister had hip replacement surgery a couple months

ago, she's doing very well. She got into the patient portal to read some

of the doctor's notes and the doctor's notes refer to her all the way

through as they/them. And that confused her because she had checked

the box identifying as female, and she would expect, out of respect for

her and the way that she identifies herself, to be referred to as she or

her throughout all of her medical records. And she brought it up to

the doctor's office and their response was, Well, it's just easier that

way. We can just use they/them throughout it and that just covers

everybody. It's easier for dictation. So it is offensive when people are

not being addressed in the manner that they would like. And I just

don't believe that it's fundamentally disrespectful to people who

identify as trans or as something different, someone different, when

they read the New York State laws. I think that as has been pointed

NYS ASSEMBLY MAY 17, 2023

out by others, we do use gender-neutral terms to describe the office

held or the defendant, or the defense attorney and -- where we do not

have to use pronouns at all.

I -- I just think that this is something that we probably

collectively will not agree upon. I will be voting in the negative.

Thank you.

ACTING SPEAKER LUNSFORD: Ms. Walsh in the

negative

Ms. Shimsky to explain her vote.

MS. SHIMSKY: Thank you, Madam Speaker. If

you call someone a policeman instead of a police officer, or a fireman

instead of a firefighter, you are definite -- you are feeding into old

stereotypes. And to those who think that's not important, that in a way

cuts into the livelihood, the job options, the job prospects, the

promotion prospects of over half the population. And that has to be a

concern of the State. In terms of the gender neutral for -- for the

LGBTQAI+ community, I know people who identify as nonbinary,

and us older folks sometimes do have a little bit of confusion with it.

But what I've noticed is the younger generation handles it perfectly

fine, they're never confused about anything. This is something that

they have grown into and this is something that I think we older folks

need to grow in on -- grow into as well.

I will, therefore, be voting in the affirmative.

ACTING SPEAKER LUNSFORD: Ms. Shimsky in

the affirmative.

NYS ASSEMBLY MAY 17, 2023

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Mr. Fall.

MR. FALL: Madam Speaker, can we go to Calendar

No. 34 on the debate list by Ms. Cruz?

ACTING SPEAKER LUNSFORD: Page 8, Calendar

No. 34, the Clerk will read.

THE CLERK: Assembly No. A03057, Calendar No.

34, Cruz, Ardila, Colton. 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 LUNSFORD: Mr. Goodell,

why do you rise?

MR. GOODELL: Thank you, Madam Speaker. A

point of order. The title of this bill is, An act to amend the Criminal

Procedure Law in relation to requiring the court, upon [sic]

accepting a plea, to advise the defendant of the risk of deportation if

"he" or "she" is not a citizen. The title of this bill violates the bill that

the Majority just passed with a unanimous vote. And so a point of

order, I think we should not proceed with this if it violates what we've

just passed.

Thank you, Madam Speaker.

ACTING SPEAKER LUNSFORD: The point is not

NYS ASSEMBLY MAY 17, 2023

well taken.

Ms. Cruz, an explanation has been requested.

MS. CRUZ: I'm not sure where to begin, starting

with the fact that as Mr. Goodell well knows, the bill just passed has

not been signed into law just yet, but that was adorable. And so yes,

an explanation. This is 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 they are a noncitizen.

ACTING SPEAKER LUNSFORD: Ms. Walsh.

MS. WALSH: Thank you, Madam Speaker. Will the

sponsor yield?

ACTING SPEAKER LUNSFORD: Will the sponsor

yield?

MS. CRUZ: Absolutely.

ACTING SPEAKER LUNSFORD: The sponsor

yields.

MS. WALSH: That's great. Okay. So last year we

took up this bill, we had bipartisan opposition and a Governor's veto.

Has the bill changed at all since last year?

MS. CRUZ: It has not.

MS. WALSH: Okay. So let's talk a little bit about

what the bill requires. Current -- under current law, the bill requires --

or the -- the law requires that defendants be notified of the risk of

deportation if they are charged with a felony; is that correct?

MS. CRUZ: That's correct.

NYS ASSEMBLY MAY 17, 2023

I'm sorry, can you repeat that? The bill requires

that...

MS. WALSH: The -- under current law for felonies,

prior to allocution they have to be notified of the risk of deportation?

MS. CRUZ: That's correct, it's based on case law,

yes.

MS. WALSH: Okay. So under this bill, is it true that

it expands it to include misdemeanors but not violations?

MS. CRUZ: That is correct.

MS. WALSH: Okay. So is there currently, under

current law, a duty on the part of defense counsel to advise their client

of the risk of deportation?

MS. CRUZ: There is.

MS. WALSH: Okay. So this bill doesn't eliminate

that requirement, but imposes an additional requirement on judges to

use specific language and notify individuals charged with

misdemeanors of the risk of deportation; is that correct?

MS. CRUZ: I would frame it differently. It's not an

additional requirement given that it's already in case law. What we're

doing is ensuring that there is unity in the language that is used, and

that we are also including misdemeanors as certain misdemeanors are

deportable offenses.

MS. WALSH: Okay. But this -- this law requires --

or this bill requires everybody, whether they are actually at risk of

deportation or not, to be so advised.

NYS ASSEMBLY MAY 17, 2023

MS. CRUZ: That's correct.

MS. WALSH: Okay. And there is no opportunity or

-- I'll -- it's not allowed for the court to inquire, or may the court

inquire as to the immigration status of the individual defendant?

MS. CRUZ: That's correct.

MS. WALSH: Okay, just, correct in which way?

They -- they cannot inquire or they -- they do not inquire?

MS. CRUZ: Let me just double check.

MS. WALSH: Yeah.

(Pause)

MS. CRUZ: Yes. And once that statement, that

initial statement has made by the judge, no additional statement or

inquiries into the person's immigration status are to be made.

MS. WALSH: But there -- there can be an initial

inquiry, or -- or -- I thought that this was a blanket requirement on

anyone appearing before the court with a misdemeanor who was going

through an allocation. Is that -- am I -- am I mistaken? I'm sorry.

MS. CRUZ: The way that we've framed the bill,

there is nothing talking about what happen -- what can happen before.

But once that statement has been made, there's no additional

conversations or statements to be made related to a person's possible

removal from the country if they take a plea or if they are found

guilty.

MS. WALSH: Okay. So a defendant who is a U.S.

citizen comes before a court, is doing an allocation on a misdemeanor,

NYS ASSEMBLY MAY 17, 2023

does the judge administer this statement? And for the benefit of our

colleagues, it says if you are not a citizen of the United States you may

become deportable, ineligible for naturalization or inadmissible to the

United States based on a conviction by plea or verdict. Does that

statement get administered to an individual who is a U.S. citizen?

MS. CRUZ: It -- yes, it gets administered to

everyone who appears before the court.

MS. WALSH: To everyone, okay. And the fact that

the defense counsel already has an independent duty to so advise their

client doesn't impact at all this requirement on the judge.

MS. CRUZ: That's correct. That is an independent

requirement based on Supreme Court decisions.

MS. WALSH: And what happens -- under this

legislation, what happens if the judge fails to put this statement on the

record?

(Pause)

MS. CRUZ: They can apply to have their -- their

plea vacated.

MS. WALSH: All right. And is that -- who -- who

will hear that -- that request? Does that go to an -- an appellate level?

(Pause)

MS. CRUZ: Yeah, if the procedure is over then it

would go to an appeals court.

MS. WALSH: Okay. And under this, does this

legislation indicate what -- what should happen at the appellate level

NYS ASSEMBLY MAY 17, 2023

if that admonishment was not given?

MS. CRUZ: There's already case law indicating that

-- as I mentioned earlier, right now case law says judges have to make

this particular statement and there's already case law saying --

MS. WALSH: In felonies.

MS. CRUZ: Yes.

MS. WALSH: For felonies.

MS. CRUZ: There's already case law saying if there's

a failure to make that particular statement then there are -- then there

are certain -- and certain grounds aren't met, then the case can be

vacated. It would be the same exact thing.

MS. WALSH: All right. So one clarification.

Again, using my example of a U.S. citizen that has been -- has failed

to be admonished, they -- the apply, say, to get theirs vacated. Would

-- would that -- would that lie or not because there wasn't any actual --

MS. CRUZ: No, no.

MS. WALSH: -- risk of...

MS. CRUZ: Because we have written language in

the law that says you would have to prove potential or actual

immigration consequences in order to have it vacated.

MS. WALSH: Okay. So that's -- that's a relief,

anyway, that if you didn't really have any risk of deportation anyway,

it can't be used as a basis to try to get your --

MS. CRUZ: That's correct, that's not -- that has not

been the intention of the bill.

NYS ASSEMBLY MAY 17, 2023

MS. WALSH: Okay. And -- but you could have

somebody who is 1,000 percent guilty who -- who does go through

this plea allocution, there's -- there's a mistake made and it's -- it's not

made on the record that that person could have their conviction or

their plea overturned. In fact, it would, it would overturn it.

MS. WALSH: The plea, as -- as you and I know,

being attorneys, guilt and constitutional protections are two separate

conversations. And so if a person's constitutional rights were vacate --

were -- were violated, then there would be grounds to have it vacated.

It doesn't mean that the DA can't turn around and bring a new case and

make sure that it's done -- make sure that the judge is doing what they

need to do.

MS. WALSH: So because of double jeopardy, right,

you can't come back and charge the person again for the -- the same

once it's been vacated?

MS. CRUZ: Hold that thought.

(Pause)

So in conversation, I -- I think because it's a

technicality and we'd have to -- you know, we don't have our -- our

Westlaw here with us to go back and do the research, but we believe

that because it was a technicality that the case could just begin afresh.

MS. WALSH: Oh, okay. You -- you've conferred

with some people and that's what you -- that's what you said.

MS. CRUZ: Yes.

MS. WALSH: Okay.

NYS ASSEMBLY MAY 17, 2023

MS. CRUZ: Yes.

MS. WALSH: All right, very good. Thank you so

much.

Madam Speaker, on the bill.

ACTING SPEAKER LUNSFORD: On the bill.

MS. WALSH: So, I think the reason why we had so

much opposition to this last year, and as the sponsor stated, the bill

hasn't changed despite the fact that the Governor vetoed it. I just want

to share with you the -- the Governor's reason for the veto. There was

a claim that the requirements of this bill would result in the vacatur of

otherwise lawful convictions where defendants were fully aware of the

immigration consequences of their actions. As previously stated,

defense attorneys are already required by law to advise their clients of

immigration consequences of any conviction. Additionally, the

Governor mentioned that this bill would impose a rigid requirement

on the court while also prohibiting the court from using its discretion

to mention anything specific about immigration consequences.

So the reason why I'm not in favor of this bill and

there were so many people who kind of agreed with -- with me last

year is that while I think the -- the reasoning of -- of trying to make

sure that defendants fully understand the importance of their pleas, it

-- it really throws out the idea that their defense counsel already has

this requirement, and it also doesn't really credit the fact that many

judges in so many words already advise their clients -- or the

defendants about the risk of deportation if they're not a citizen. The --

NYS ASSEMBLY MAY 17, 2023

the fact of the matter is that for misdemeanors, there isn't -- I don't

believe that there is a risk of deportation because it was for felonies

specifically. I remember when I first started in the Assembly, there

was a bill that was passed and signed into law which took a one-year

sentence and minused I think one day off of it so that it would protect

people from being deported for being convicted of felonies. It gave

them a -- a -- a year minus one day. But in any event, I think that the

Governor's veto was well-considered. I think the bill doesn't really

give the judges very much credit for what they're doing. They're

already in many instances, notifying -- probably in the vast majority of

instances already notifying defendants. It seems silly to me to require

a judge to notify everybody coming before the court, even people who

are citizens and -- and prohibits, basically, a judge from being able to

inquire to be able to tailor-make the allocution to really accurately

reflect the risk that the defendant may or not be in, vis-�-vis their

naturalization status.

So for those reasons I'll be voting in the negative and

I would encourage my colleagues to do the same. Thank you, Madam

Speaker.

ACTING SPEAKER LUNSFORD: Mr. Fall for the

purposes of an announcement.

MR. FALL: Madam Speaker, can you please call the

Rules Committee to the Assembly Parlor?

ACTING SPEAKER LUNSFORD: Rules

Committee to the Assembly Parlor.

NYS ASSEMBLY MAY 17, 2023

Ms. Cruz.

MS. CRUZ: Thank you, Madam Speaker.

On the bill.

ACTING SPEAKER LUNSFORD: On the bill.

MS. CRUZ: So, this is literally one sentence with a

comma. One sentence that once we make into law would be uniform,

not subject to interpretation, not left up to a judge to figure out if this

is the way in which she wants say it, not allowed to be in a language

where the defendant perhaps understood, maybe didn't understand.

Not left up to a well-meaning attorney who might have ten other cases

that day, but it's left up to a judge. We look up to judges because they

are the face of the court. And when you step into a courtroom as an

attorney or as a defendant, you pay attention to what the judges say.

And we are not creating something that isn't already in the law. We're

expanding it, we're clarifying it, and we're providing uniform language

which I actually think will lead to many -- a reduction in appeals

because we're going to have clarity, we're going to have uniformity,

and we're going to have a requirement that can't be left to

interpretation.

I'm going to disagree, obviously, since I'm bringing

up the bill again with the veto, in that it imposes an undue burden in

the courts because it does not. Again, it's already in case law. Judges

are already supposed to be doing this. We are actually making it, I

would argue, easier by providing uniform language by ensuring that

everyone who steps in front of the court has to hear it. And I'd like to

NYS ASSEMBLY MAY 17, 2023

remind folks also that, you know, just because you get the statement

doesn't mean you have to take the plea or not take the plea. It's one

sentence. We want to make sure that people's constitutional rights are

protected when they make the decision to take a plea, to not take a

plea, to make sure that when they are stepping into that, they know

what other consequences it could have to their lives and their families.

Accepting a guilty plea could lead to deportation. It's

a simple statement. And I'm going to be voting later in the affirmative

and I hope my colleagues do, as well. I will say, before I finish, for --

for Dreamers, these pleas have been almost a death sentence. And

what I mean by that is you have these young people who have come to

this country who perhaps made a mistake along the way, and they

couldn't qualify for -- for DACA, or had their DACA taken away

because perhaps they made a mistake and didn't understand the

consequences. Not understanding the consequences, especially when

it's as easy as one sentence or providing additional time for that

defendant to get the opinion of an immigration attorney so that they

know what they're getting into is not enough reasons to not vote yes.

I'm going to urge everyone, because we here care about people's

constitutional rights regardless of whether they're guilty or innocent,

regardless of whether they were born in this country or another

country. We are here to protect everyone's constitutional rights and

this is what this bill does.

Thank you, Madam Speaker.

ACTING SPEAKER LUNSFORD: Mr. Burdick.

NYS ASSEMBLY MAY 17, 2023

MR. BURDICK: Thank you for the opportunity to

express my support with this bill.

ACTING SPEAKER LUNSFORD: Mr. Burdick on

the bill.

MR. BURDICK: On the bill.

ACTING SPEAKER LUNSFORD: On the bill.

MR. BURDICK: Thank you. I want to commend the

sponsor of this bill and I want to thank the Speaker for allowing it to

come to the floor. This is a commonsense and very simple measure.

This is not a heavy burden. We just heard from one of our colleagues

on the other side of the aisle that judges already are providing such

notice. So if they're already providing such notice, why should there

be any kind of problem making it clear and uniformed? If anything,

as the sponsor mentioned, it will declutter, it will clarify, it will make

the process go more smoothly. And yet, if that notice is not given and

if the defendant makes the wrong decision because of lack of

knowledge to accept a plea, those consequences could be dire and

could result in an utter change in the course of their lives. So I vote in

the affirmative. Thank you.

ACTING SPEAKER LUNSFORD: Read the last

section.

THE CLERK: This act shall take effect in 90 days.

ACTING SPEAKER LUNSFORD: A Party vote has

been requested.

Mr. Goodell.

NYS ASSEMBLY MAY 17, 2023

MR. GOODELL: Thank you, Madam Speaker. The

Republican Conference is generally opposed to this legislation for the

reasons mentioned. Those who support it can certainly vote in favor

here on the floor. Thank you, Madam Speaker.

ACTING SPEAKER LUNSFORD: Mr. Fall.

MR. FALL: Thank you, Madam Speaker. The

Majority Conference will be in the affirmative on this piece of

legislation. If anybody wants to vote no, they would have to come to

the Chamber. Thank you.

ACTING SPEAKER LUNSFORD: 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 has passed.

Mr. Fall for the purposes of an introduction.

MR. FALL: Thank you, Madam Speaker. On behalf

of our colleague Member Simon, she has guests here from her district

that are here for Dyslexia Awareness Day. They're here to advocate

for equity and needed resources, and the guests that she has here

include Nequan McClean and son Jay Iris McClean, they're with the

Educational Council Consortium. They also have Dr. Canton and her

son Dylan Canton, Emily Hellstrom and Ruth Genn. They're with the

Literacy Academy Collective. Doreen Duffessy, Debbie Miller Meyer,

Isaac Rosenthal, Zahabeet Poz, Marcus Soutra, Eleanor Whitebay,

NYS ASSEMBLY MAY 17, 2023

Claire McCue and Leora Radisilla and Mary Jo Carroll. If you could

please welcome them to the People's House.

ACTING SPEAKER LUNSFORD: On behalf of Ms.

Simon, the Speaker and all the members, we welcome you to the floor

of the Chamber. We thank you for the critical work you do. We

extend the privileges of the floor and hope you enjoy the proceedings.

Thank you very much for joining us.

(Applause)

Mr. Fall.

MR. FALL: Madam Speaker, can we go to Calendar

No. 170 on debate by Mr. Steck?

ACTING SPEAKER LUNSFORD: Page 16,

Calendar No. 170, the Clerk will read.

THE CLERK: Assembly No. A04428, Calendar No.

170, Steck, Hunter, Santabarbara, Dickens. An act to amend the Real

Property Law, in relation to requiring the modification of restrictive

covenants prior to the sale of real property.

ACTING SPEAKER LUNSFORD: An explanation

has been requested, Mr. Steck.

MR. STECK: Thank you, Madam Speaker. We have

debated this bill before. The bill makes it unlawful to include

restrictive convenance in deeds and requires the modification of deeds

to eliminate such restrictions with respect to all the things, all the

types of discrimination made illegal under the Human Rights Law.

What the bill does is prevents these restrictions from running with the

NYS ASSEMBLY MAY 17, 2023

land, meaning that they're permanent and immutable and could never

be changed. And the -- these types of restrictions in Federal Law have

been illegal by virtue of Supreme Court decision insofar as say, for

example, race is concerned, and this bill makes all the categories

covered in the Human Rights Law illegal for purposes of restrictive

convenance as well. And while it may be true that lawyers might be

aware of the illegality of certain particular restrictive convenance, the

owners of property are not and can behave as if those restrictions were

in effect. So the opportunity exists every time there's a transfer of

property to modify the deed so that no one will be left with the false

impression that these things are valid any longer in the State of New

York. Thank you.

ACTING SPEAKER LUNSFORD: Mr. Goodell.

MR. GOODELL: Thank you, Madam Speaker.

Would the sponsor yield?

ACTING SPEAKER LUNSFORD: Mr. Steck,

would you yield?

MR. STECK: Certainly.

ACTING SPEAKER LUNSFORD: The sponsor

yields.

MR. GOODELL: Thank you, Mr. Steck. All of

these factors that you want to eliminate in future deeds, are any of

them lawful under Federal court decisions?

MR. STECK: So, I do not think frankly, for

example, that source of income discrimination is prohibited under

NYS ASSEMBLY MAY 17, 2023

Federal court decision. That is, I believe, something included in New

York law so it would, as I understand it, the purpose of it is if you

have some form of public assistance you can't be discriminated against

on that basis. That is an example of something that I don't believe is

part of Federal Discrimination Law.

MR. GOODELL: I've seen deed convenance that

prohibit the use of the property for a bar, or the use of the property for

a bawdy house - I think that's how it's pronounced - the house of

prostitution. Are you saying that under this language those restrictive

convenance would now be illegal?

MR. STECK: I do not see those items mentioned in

the statute.

MR. GOODELL: But those all relate to source of

income, right?

MR. STECK: Well, anything in the world can relate

to source of income but it's not a specific prohibition on the source of

income. I think for that, my learned colleague would have to go to the

decisions of the State courts to see how broadly source of income has

been interpreted but I do not believe it has been interpreted broadly

enough to exclude convenance of that type.

MR. GOODELL: I see. So all those convenance in

existing deeds under your opinion of this language that relate to the

use of the property for any income-related activity would still remain

valid.

MR. STECK: I do not believe source of income is

NYS ASSEMBLY MAY 17, 2023

the same as use. Again, this is why as my learned colleague well

knows we have courts that often determine the gray areas that might

exist, but to my knowledge, the examples that counsel is giving - and I

apologize for using that word in this Chamber - but in any event, the

examples that are being given would not implicate this language.

MR. GOODELL: Now this specifically prohibits

restrictive convenance that relates to race or national origin, right, or

ancestry, correct?

MR. STECK: That is correct.

MR. GOODELL: So New York State is a proud

home of several Indian nations and the Seneca Nation, their territory

has restrictive deed convenance. In fact, under their deed convenance

you cannot sell property to someone who is not a member of the

Seneca Nation, and it's related specifically to their ancestry and their

race. Are you saying then that those convenance would be struck?

MR. STECK: I believe that the status of Native

Americans and their properties are protected by the Constitution of the

State of New York and perhaps also by treaty, which as we know

would supercede any contrary enactment of this Body.

MR. GOODELL: But there's nothing in this

language to provide for an exception for the Senecas, for the Oneidas

or any other nation from limiting their territory from being owned by

others other than members of the tribe?

MR. STECK: I think it would prohibit that if it is not

in an area that is constitutionally protected or by treaty. So if my

NYS ASSEMBLY MAY 17, 2023

learned colleague was to buy a property from a Native American that

was in his town, he could do so.

MR. GOODELL: I see. Now this also prohibits any

deed restriction that relates to sex -- yeah, sex or sexual orientation,

correct?

MR. STECK: Correct.

MR. GOODELL: But as you know sometimes there's

housing that's sold specifically for a sorority, for example. And the

deed itself may say this property was donated by the sorority sisters

and can only be used for a sorority. Would this language then strike

those restrictive convenance?

MR. STECK: So I again, we go to the particular

language. But the purpose of this is to deal with - as my colleague

knows - restrictions that run with the land and are forever and ever.

So let us say for example that some alumna of a particular school had

been given land to be used for a women's dormitory and that school

went out of business, that restrictive covenant would no longer be able

to be used to prevent other uses of the property. However, those type

of bequests can be dealt with in manners other than a restricted

covenant that runs with the land for time and memorial.

MR. GOODELL: This currently restricts any

restrictive convenance relating to religion as well. And as you know,

oftentimes they'll be a religious organization that acquires property,

and it's not unusual particularly in your older deeds to see a restrictive

covenant. And that restrictive covenant reflects the fact that the seller

NYS ASSEMBLY MAY 17, 2023

may have been a very devout Catholic or very devout Christian in that

particular religion and gave that property to that religious order at a --

for nothing or for a very reduced price. This would eliminate all those

convenance, correct?

MR. STECK: My answer is exactly the same with

respect to religion as I just gave with respect to gender.

MR. GOODELL: Thank you very much. I

appreciate your comments.

On the bill, Madam Speaker.

ACTING SPEAKER LUNSFORD: On the bill.

MR. GOODELL: Those of us who practice in real

estate understand that a seller can only sell what the seller owns. And

so if you bought property with a restrictive covenant, the purchase

price that you paid for that property when you bought it reflected the

fact that there's a restrictive covenant on it, that you can't do anything

you want with that property. As a result, when you sell it, you can

only sell what you own and you didn't own because you never

purchased, you never owned all those rights to use the property for

any purpose. And we have recognized historically in the State of New

York, as my colleague should acknowledge, that there are a lot of

restrictive covenants that fall within this language that we think ought

to be valid. For example, the restrictive covenant in any Indian nation

will say this property can only be sold to a Native American. That

falls within this language. We're told it doesn't matter if it falls within

this language, it doesn't matter if this language would bar that type of

NYS ASSEMBLY MAY 17, 2023

restrictive covenant. The courts won't enforce it because it might

"might" be preempted. There are restrictive covenants saying I'm

giving this property for free to the Catholic Church because I'm a

devout Catholic. It's not appropriate to simply eliminate the

restriction. How do we deal with that under current law if the

Catholic Church wants to sell it? It goes in front of a Supreme Court

Judge, and a Supreme Court Judge determines whether the sale is

consistent with the original intent, and that's a process that should

continue. It shouldn't just be eliminated.

I have in my county and I'm sure you have in your

counties or your Assembly Districts organizations that cater to

particular nationalities. In my situation I have the Vikings Club. You

have to have some sort of Scandinavian blood to be a member of the

Viking Club and that can be reflected in their deed. We have

organizations in all of our districts that cater to particular groups of

people like those who are disabled, like our ARCs. This would strike

all those. I appreciate the desire to avoid discrimination, and indeed

in every case where that restrictive covenant is inappropriate the

courts have already ruled that it's unenforceable. So this is a bill that's

looking for a problem because the courts have already solved it. It's

not necessary, it's not needed, but inadvertently creates a whole host

of other issues by eliminating judicial review on the sale of

not-for-profit properties that might have such a restrictive covenant

and eliminating the rights, at least on paper, of the Seneca Nation and

other nations to protect native lands that are part of a territory

NYS ASSEMBLY MAY 17, 2023

overriding hundreds of years of legal precedent in terms of the rights

of a seller to sell only what they have bought by eliminating those

restrictions and allowing the seller to sell more than they have bought

in the first place. It creates more problems than it solves and it's

completely unnecessary because the courts already have a process in

place and have already struck those clauses where they need to be

struck and enforce them where they need to be enforced. For those

reasons I will be opposing this. Thank you, Madam Speaker.

ACTING SPEAKER LUNSFORD: Mr. Fall for the

purposes of an announcement.

MR. FALL: Madam Speaker, can you please call the

Ways and Means Committee to the Speaker -- to the Assembly

Parlor?

ACTING SPEAKER LUNSFORD: Ways and Means

Committee to the Assembly Parlor.

Mr. Steck.

MR. STECK: Thank you, Madam Speaker.

Very briefly on the bill.

ACTING SPEAKER LUNSFORD: On the bill.

MR. STECK: The Real Property Law that's typically

cited is very, very ancient, and one of the purposes of being in the

New York State Assembly is to change the law where it needs to be

changed. Every one of the salutatory purposes that were identified by

my learned colleague can be accomplished by other means other than

restrictive covenants in deeds that last forever and may mislead the

NYS ASSEMBLY MAY 17, 2023

owner of the property as to the lawfulness of such restrictions.

Therefore, I will be voting in the affirmative and urge my colleagues

to do the same. Thank you.

ACTING SPEAKER LUNSFORD: Mr. Pirozzolo.

MR. PIROZZOLO: Thank you, Madam Speaker.

Will the sponsor yield?

ACTING SPEAKER LUNSFORD: Would the

sponsor yield?

MR. STECK: Yes.

ACTING SPEAKER LUNSFORD: Sponsor yields.

MR. PIROZZOLO: Just a question for clarification.

It talks about here source of income.

MR. STECK: Yes.

MR. PIROZZOLO: So I imagine that would be the

source of income of the borrower. Could that be stretched to use as

source of income of a potential use of the property?

MR. STECK: So we had already discussed that with

your colleague and I had indicated that my understanding of source of

income, though I do not have an exhaustive knowledge of every single

decision of a court in the State of New York on the issue, but the

prohibition on source of income had to do with prohibiting

discrimination against people because they received public assistance.

It does not relate to the problem that you've been talking about where

someone gives a piece of property and puts in a restrictive covenant

prohibiting its use as a bar. I don't think it touches upon that. But

NYS ASSEMBLY MAY 17, 2023

again, that would relate to the particular decisions of the courts on

what is meant by source of income.

MR. PIROZZOLO: Okay. Well, just for

conversation because I am concerned because there are many towns

and municipalities. I, myself, even own a piece a property where it

says that you're not supposed to put a mobile home, for example, or

there may be a restriction on the size of the acreage as to how many

houses you can have because let's say you buy a piece of rental

property for real estate purposes, right? You want to buy property for

-- I'm sorry, for rental -- rental purposes where you want to make

income. So now that's really where I have that concern because that

could pretty much wipe out any covenant of any municipality, of any

district anywhere in New York State. So I would love a much greater

understanding of rental of source of income.

MR. STECK: So that source of income has

absolutely nothing to do with lot sizes. That is a zoning matter and

not implicated one iota by this legislation.

MR. PIROZZOLO: Okay. Well, I really just want to

be sure of that because --

MR. STECK: I'm sure.

MR. PIROZZOLO: -- if I were able to put up two

houses instead of one house - and I don't mean me specifically, right,

but if they buy you were able to put up multiple homes rather than

what that covenant says but just want to be sure. Thank you.

MR. STECK: That this has nothing to do with lot

NYS ASSEMBLY MAY 17, 2023

sizes.

ACTING SPEAKER LUNSFORD: The Clerk will

read. Oh, sorry. A Party vote has been requested. Read the last

section.

THE CLERK: This act shall take effect in 180 days.

ACTING SPEAKER LUNSFORD: A Party vote has

been requested.

Mr. Goodell.

MR. GOODELL: Thank you, Madam Speaker. The

Republican Conference will be generally opposed to this legislation.

Certainly those who want to support it are encouraged to vote yes on

the floor. Thank you, Madam Speaker.

ACTING SPEAKER LUNSFORD: Mr. Fall.

MR. FALL: The Majority Conference will be in the

affirmative on this piece of legislation. Thank you, Madam Speaker.

ACTING SPEAKER LUNSFORD: 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.

Mr. Fall.

MR. FALL: Members have on their desk the

A-Calendar. Madam Speaker, I now move to advance the

A-Calendar.

NYS ASSEMBLY MAY 17, 2023

ACTING SPEAKER LUNSFORD: On a motion by

Mr. Fall the A-Calendar is advanced.

On consent, the A-Calendar, page 3, Rules Report

No. 134, the Clerk will read.

THE CLERK: Assembly No. A00237, Rules Report

No. 134, Sayegh, Dickens, Buttenschon, Seawright, DeStefano,

Thiele, Santabarbara, Tague, Durso, Shimsky, Jacobson. An act to

amend the Public Service Law, in relation to the emergency response

plans relating to downed wires.

ACTING SPEAKER LUNSFORD: Read the last

section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER LUNSFORD: The Clerk will

record the vote.

(The Clerk recorded the vote.)

Mr. Sayegh to explain his vote.

MR. SAYEGH: Thank you very much, Madam

Speaker, to explain my vote. You know we all witnessed the last

decade the increase in storms and disasters as a result of serious

outages are resulting in the loss of power and very often one of the

most dangerous situations when there's downed wires. And the law

was such where you needed a -- an emergency plan in place and a

utility company to basically put -- to be put on notice by an emergency

whether on the county, municipality level to put the utility company

on notice and they had within 36 hours. This legislation allows them

NYS ASSEMBLY MAY 17, 2023

to be put on notice by individuals. Very often an individual may have

an emergency situation and by the time they reach the emergency

management takes -- may take a lot of time. This really starts the

clock kicking for the 36 hours by not only emergency crews but also

for an individual. I think it's safety-related. It's time-sensitive. It's

time where we look at protecting our residents in a positive way and

in a very proactive way to tell the utility companies this is what needs

to happen whenever God forbid there's an emergency. Thank you

very much.

ACTING SPEAKER LUNSFORD: Mr. Sayegh in

the affirmative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A00892, Rules Report

No. 135, Jacobson, Otis, Sayegh, Gunther, Gibbs. An act to amend

the Municipal Home Rule Law, in relation to the definition of

"population" for purposes of providing substantially equal weight for

the population of the local government in the allocation of

representation in the local legislative body.

ACTING SPEAKER LUNSFORD: The bill is laid

aside.

THE CLERK: Assembly No. A01084, Rules Report

No. 136, Walker, Burdick. An act to amend the Private Housing

Finance Law, in relation to requiring the publication of the number of

NYS ASSEMBLY MAY 17, 2023

veterans on certain housing waiting lists.

ACTING SPEAKER LUNSFORD: 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 in 180 days.

ACTING SPEAKER LUNSFORD: 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. A01260, Rules Report

No. 137, Kelles, Mitaynes, Fahy, Otis. An act to amend the Local

Finance Law, in relation to providing a period of probable usefulness

for broadband and related telecommunications infrastructure.

ACTING SPEAKER LUNSFORD: On a motion by

-- on a motion by Ms. Kelles, 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 LUNSFORD: The Clerk will

record the vote.

(The Clerk recorded the vote.)

Mr. Goodell to explain his vote.

MR. GOODELL: Thank you, Madam Speaker. The

Finance Law provides a period of useful (inaudible) life -- useful life

NYS ASSEMBLY MAY 17, 2023

for various capital projects. And so if you have a capital project with

a useful life of five years, you can only borrow on a bond for that

project with a bond length of five years. What this bill does is

establish a useful life for broadband investments of ten years. So that

means you cannot borrow on a 15-year basis or a 20-year basis if

you're building broadband when this bill goes into effect. Because of

the concern that this bill establishes a shorter useful life than the

actual anticipated lifespan of some of that equipment, the New York

State Economic Development Council stated that they had concerns

that interest rates rising now it may be a better time to have a longer

useful life characterization than this bill provides. So there may be

some colleagues that are concerned about this ten year useful life. I'm

okay with it but I just want to make sure my colleagues were aware of

that concern. Thank you, Madam Speaker.

ACTING SPEAKER AUBRY: Mr. Goodell in the

affirmative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A01261, Rules Report

No. 138, Kelles. An act to amend the Tax Law, in relation to

authorizing the County of Cortland to impose a tax on real estate

transfers; and providing for the repeal of such provisions upon

expiration thereof.

ACTING SPEAKER LUNSFORD: Home Rule

NYS ASSEMBLY MAY 17, 2023

message is at the desk. Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER LUNSFORD: 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. A01296, Rules Report

No. 139, L. Rosenthal. An act to amend the Correction Law, the

Public Health Law and the Tax Law, in relation to replacing all

instances of the words or variations of the words feminine hygiene

products and sanitary napkins with the words menstrual products and

pads, respectively, or a variation thereof.

ACTING SPEAKER LUNSFORD: On a motion by

Ms. Rosenthal, the Senate bill is before the House. The Senate bill is

advanced. The bill is laid aside.

THE CLERK: Assembly No. A01477, Rules Report

No. 140, Buttenschon, Magnarelli, Sayegh, DeStefano. An act to

amend the Not-for-Profit Corporation Law, in relation to authorizing

the maintenance of abandoned cemeteries.

ACTING SPEAKER LUNSFORD: On a motion by

Ms. Buttenschon, the Senate bill is before the House. The Senate bill

is advanced. Read the last section.

THE CLERK: This act shall take effect immediately.

NYS ASSEMBLY MAY 17, 2023

ACTING SPEAKER LUNSFORD: 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. A02105-A, Rules

Report No. 141, Meeks, Kelles, Cruz, Taylor, Gonz�lez-Rojas, Clark,

Simon, Jackson, Jean-Pierre, Gallagher, Hevesi, Zinerman, Darling,

Gibbs, Paulin, Fall, De Los Santos, Burgos, L. Rosenthal, McMahon,

Cunningham, Walker, Stirpe, Anderson, Dickens, Carroll, Weprin,

Bichotte Hermelyn, Aubry, Reyes, Lucas, Rivera, Pretlow, Otis,

Peoples-Stokes, Kim, Benedetto, Ardila, Bores, Lavine, O'Donnell,

Epstein, Raga, Simone, Glick, Steck, Seawright, Forrest, Shrestha,

Shimsky, Burdick, Zebrowski, Thiele, Septimo, Zaccaro, Eachus,

Fahy, Davila, Tapia, Mitaynes, Conrad, Cook, McDonald, Mamdani,

Sillitti. An act to amend the Executive Law, in relation to expanding

eligibility for victims and survivors of crime to access victim

compensation funds by removing the mandatory law enforcement

reporting requirement, providing alternative forms of evidence that

would show that a qualifying crime was committed and the

confidentiality of certain records.

MR. GOODELL: Lay aside.

THE CLERK: Assembly No. A02134-A, Rules

Report No. 142, Dinowitz. An act to amend the Multiple Residence

NYS ASSEMBLY MAY 17, 2023

Law and the Multiple Dwelling Law, in relation to requiring owners

and agents of multiple residences and multiple dwellings to provide

names and contact information of residents to emergency personnel.

ACTING SPEAKER LUNSFORD: The bill is laid

aside.

THE CLERK: Assembly No. A02753, Rules Report

No. 143, E. Brown. An act authorizing the Bais Tefila of Inwood to

receive retroactive real property tax exempt status.

ACTING SPEAKER LUNSFORD: Read the last

section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER LUNSFORD: 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. A03233-A, Rules

Report No. 144, Gunther. An act to amend the Tax Law, in relation to

extending authorization to impose certain taxes in the county of

Sullivan.

ACTING SPEAKER LUNSFORD: Home Rule

message is at the desk. Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER LUNSFORD: The Clerk will

NYS ASSEMBLY MAY 17, 2023

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. A03335-B, Rules

Report No. 145, Joyner. An act to amend the General Municipal Law

and the Retirement and Social Security Law, in relation to increasing

the special accidental death benefit of certain deceased members.

ACTING SPEAKER LUNSFORD: Read the last

section.

THE CLERK: This act shall take effect July 1st,

2023.

ACTING SPEAKER LUNSFORD: 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. A03598, Rules Report

No. 146, Pretlow. An act to amend the Local Finance Law, in relation

to bonds and notes of the City of Yonkers.

ACTING SPEAKER LUNSFORD: Home Rule

message is at the desk. On a motion by -- oh, go ahead. On a motion

by Mr. Pretlow, the Senate bill is before the House. The Senate bill is

NYS ASSEMBLY MAY 17, 2023

advanced. Home Rule message is at the desk. Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER LUNSFORD: The Clerk will

record the vote.

(The Clerk recorded the vote.)

Mr. Goodell to explain his vote.

MR. GOODELL: Thank you, Madam Speaker. I

will be voting no on this bill as I have on the other bills that provide

for the private sale of municipal bonds. As I mentioned in the past,

the private sale of municipal bonds violates the longstanding historic

practice in New York State of requiring that these bonds, like other

municipal contracts, be put out for open competitive bidding. And the

reason we have open competitive bidding is number one, history has

proven over and over again that we get the best price or the best

interest when it's open competitive bidding. Number two, when you

have open competitive bidding you don't have winners and losers, you

don't have those who are given the opportunity and those who are

prevented the opportunity from doing business with the government.

Open competitive bidding allows for everyone to have a fair and

equitable chance at bidding. And number three, in addition to getting

the best price and being fair to everyone, it avoids the opportunity for

fraud and collusion. And there are a dozen ways to Sunday where

somebody who's getting a very lucrative opportunity, an insider's

track, a behind-the-doors private negotiation to come out financially

ahead and reward the people in government that give them that

NYS ASSEMBLY MAY 17, 2023

opportunity. So I oppose this and would recommend a vote against it.

And I would note that last year the Republican Conference was

virtually unanimous opposed to it. And I hope that is the case again

this year. Thank you, sir -- ma'am. Thank you, ma'am.

ACTING SPEAKER LUNSFORD: Mr. Goodell in

the negative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A03776, Rules Report

No. 147, Conrad, Thiele, Otis. Concurrent Resolution of the Senate

and Assembly proposing an amendment to Section 5 of Article 8 of

the Constitution, in relation to the exclusion of indebtedness

contracted for sewage facilities.

ACTING SPEAKER LUNSFORD: On a motion by

Mr. Conrad, 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 LUNSFORD: 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. A03866-A, Rules

NYS ASSEMBLY MAY 17, 2023

Report No. 148, Jackson, Lee. An act to amend the Public Housing

Law, in relation to requiring entities responsible for the provision of

vital services to coordinate and work expeditiously to restore service

whenever such service is interrupted.

ACTING SPEAKER LUNSFORD: The bill is laid

aside.

THE CLERK: Assembly No. A03933-A, Rules

Report No. 149, Colton, L. Rosenthal, Seawright, Williams, Rivera,

Thiele, Epstein, Cook, Glick, Hyndman, Fall, Cruz, DeStefano,

Sayegh, Davila, K. Brown, Anderson. An act to amend the General

City Law, in relation to requiring the collection of recyclable materials

at parks, playgrounds, historic sites and other recreational facilities in

cities with a population of one million or more; and to amend the

Environmental Conservation Law, in relation to providing state

assistance therefor to municipalities.

ACTING SPEAKER LUNSFORD: Read the last

section.

THE CLERK: This act shall take effect in 30 days.

ACTING SPEAKER LUNSFORD: The Clerk will

record the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce -- announce

the results.

(The Clerk announced the results.)

The bill is passed.

NYS ASSEMBLY MAY 17, 2023

THE CLERK: Assembly No. A03946, Rules Report

No. 150, Fahy, Stirpe, Dickens, Gallagher, Seawright, Simon, Kelles,

Thiele, Colton, Epstein, Jacobson, Burdick, Shrestha, Gunther,

Gonz�lez-Rojas, L. Rosenthal, Clark, Carroll, Cruz, Hunter, Ramos,

Hevesi, Otis, Gibbs, Steck, Tapia, Reyes, Simone, Cunningham,

Levenberg, Shimsky, Taylor, Sillitti, Mamdani, Stern, Darling,

Dinowitz, McMahon, Glick, Burgos, Lavine, Raga, Anderson,

Mitaynes, Bores, Alvarez, Eachus, Pretlow, Septimo, Aubry, Vanel,

McDonald, Forrest, Davila, Walker, Jean-Pierre, De Los Santos,

Rivera, Zebrowski, Williams, Zaccaro, Kim, Paulin, Sayegh, Weprin,

Lunsford, Cook, Wallace, Burke. An act to amend the Environmental

Conservation Law, in relation to requiring the disclosure of insurance

information on permit application for the construction of pipelines

upon any freshwater wetlands.

ACTING SPEAKER LUNSFORD: On a motion by

Ms. Fahy, 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 LUNSFORD: The Clerk will

record the vote.

(The Clerk recorded the vote.)

Ms. Fahy to explain her vote.

MS. FAHY: Thank you, Mr. Speaker [sic]. I rise to

just speak in support of this legislation that I've had a couple of years

with the -- the Senate, and I just want to acknowledge that we had a

NYS ASSEMBLY MAY 17, 2023

visitor here today from Tennessee. Our Tennessee represents the New

York's -- a Tennessee State Representative Justin Pearson who also

had a similar bill that he is working on in -- in Tennessee. And this

bill is really a transparency bill for the public to know who is

proceeding with a pipeline in -- in individual community as well as

how it is being funded and if it is appropriately insured in case of any

problems as we have seen in -- in some communities around the

country. So it's really a transparency bill and with that I vote in favor

of it and appreciate the support as well as from the Committee and the

Speaker. Thank you.

ACTING SPEAKER LUNSFORD: Ms. Fahy in the

affirmative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A03996, Rules Report

No. 151, Glick. An act to amend the Environmental Conservation

Law, in relation to hunting and fishing licenses.

ACTING SPEAKER LUNSFORD: The bill is laid

aside.

THE CLERK: Assembly No. A04121 -- I'm sorry,

A04128-A, Rules Report No. 152, Gallahan. An act to amend the Tax

Law, in relation to extending the authorization for Ontario County to

impose additional rates of sales and compensating use taxes.

ACTING SPEAKER LUNSFORD: Home Rule

NYS ASSEMBLY MAY 17, 2023

message is at the desk. Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER LUNSFORD: The Clerk will

record the vote.

(The Clerk will record the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A04265, Rules Report

No. 153, Paulin. An act to amend the Transportation Law, in relation

to requiring information concerning services for human trafficking

victims to be made available in lactation rooms in commercial service

airports.

ACTING SPEAKER LUNSFORD: Read the last

section.

THE CLERK: This act shall take effect in 60 days.

ACTING SPEAKER LUNSFORD: 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. A04847-A, Rules

Report No. 154, Jacobson, Santabarbara, Eachus, Colton,

NYS ASSEMBLY MAY 17, 2023

Buttenschon. An act to amend the General Municipal Law, in relation

to prohibiting individuals in certain positions from taking any position

with a business or entity doing business with an industrial

development authority.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04881-A, Rules

Report No. 155, Simpson. An act to amend Chapter 368 of the Laws

of 2008, amending the Tax Law relating to authorizing the County of

Warren to impose an additional mortgage recording tax, in relation to

extending the effectiveness thereof.

ACTING SPEAKER AUBRY: Home Rule message

is at the desk. 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. A04918-A, Rules

Report No. 156, Palmesano. An act to amend Chapter 365 of the

Laws of 2005, amending the Tax Law relating to the mortgage

recording tax in the County of Steuben, in relation to extending the

provisions of such Chapter.

ACTING SPEAKER AUBRY: Home Rule message

NYS ASSEMBLY MAY 17, 2023

is at the desk. 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. A05042, Rules Report

No. 157, Hevesi, McDonald. An act to amend the Public Health Law,

in relation to newborn screening for Duchenne Muscular Dystrophy.

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. A05056, Rules Report

No. 158, Conrad, Thiele, Jacobson. An act to amend the Local

Finance Law, in relation to extending the exclusion of indebtedness

contracted for sewage facilities.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect immediately.

NYS ASSEMBLY MAY 17, 2023

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. A05212, Rules Report

No. 159, Wallace, Aubry, Jean-Pierre, Seawright, Epstein, Taylor,

Cruz, Simon, Dickens, Cook, Otis, Reyes, Colton. An act to amend

the Public Authorities Law, in relation to gender balance in state and

local public authorities; and providing for the repeal of such

provisions upon the expiration thereof.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A05345-A, Rules

Report No. 160, Santabarbara. An act to amend the Tax Law, in

relation to the imposition of sales and compensating use tax in

Schenectady County.

ACTING SPEAKER AUBRY: Home Rule message

is at the desk. 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.)

NYS ASSEMBLY MAY 17, 2023

The bill is passed.

THE CLERK: Assembly No. A05406, Rules Report

No. 161, Gunther, Woerner, Santabarbara, Taylor, L. Rosenthal,

Brabenec, Hevesi, Braunstein, Reyes, Buttenschon, Sayegh. An act to

amend the Public Health Law, in relation to the employment of the

persons to function as infection preventionists in certain general

hospitals.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect January 1,

2023.

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. A05477, Rules Report

No. 162, McDonald, Steck, Stern, Colton, Dickens, Gunther, Glick,

Gibbs, Wallace, Jacobson, Sillitti, Ramos, Bendett, Maher, Simpson,

Reilly, Brabenec, Durso, Norris, Beephan, McGowan, K. Brown,

Angelino, Reyes, Walker, Raga. An act to amend the Real Property

Tax Law, in relation to exempting income earned working at the polls

from the definition of income.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect immediately.

NYS ASSEMBLY MAY 17, 2023

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. A05606, Rules Report

No. 163, Magnarelli. An act to amend the Vehicle and Traffic Law, in

relation to the distribution of fines from speed violation monitoring

systems in work zones.

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. A05687, Rules Report

No. 164, Barrett, Epstein, Santabarbara, Kelles, Seawright, Conrad,

McDonald, Stern, Simon, Hyndman, Zebrowski, Rivera. An act to

amend the Public Authorities Law, in relation to requiring the New

York State energy research and development authority to develop a

real-time mobile application with a corresponding map with

information on electric vehicle charging stations and to make such

NYS ASSEMBLY MAY 17, 2023

information available on the authority's website.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect in 90 days.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Ms. Barrett to explain her vote.

MS. BARRETT: Thank you, Mr. Speaker. I just

want to thank my colleagues for sharing in this legislation which is

really such an important step in making sure that we bring all of New

York State with us as we try to achieve our climate goals as we work

to -- to reach the -- the goals set out in the CLCPA. This is a Home

Rule State. Our communities and our towns are so important and

making them part of our solutions is really essential if we're going to

reach those goals. So thank you to my colleagues.

ACTING SPEAKER AUBRY: Ms. Barrett in the

affirmative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A05801, Rules Report

No. 165, Woerner. An act to amend the Town Law, in relation to

aquatic growth control districts.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect immediately.

NYS ASSEMBLY MAY 17, 2023

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. A05928, Rules Report

No. 166, Stirpe, Lupardo, Gallahan, Gunther. An act to amend the

Agriculture and Markets Law, in relation to including certain lands

used in single operation for the production of tree nuts in the

definition of agricultural land.

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. A06085-A, Rules

Report No. 167, K. Brown. An act to amend the Alcoholic Beverage

Control Law, in relation to a license to sell liquor at retail for

consumption on certain premises.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect immediately.

NYS ASSEMBLY MAY 17, 2023

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. A06115, Rules Report

No. 168, Paulin, Hevesi, Jacobson, L. Rosenthal, McDonald, Kelles,

Thiele, Glick, Burdick, Simon, Levenberg, Steck, Stern, Colton,

Rajkumar, Stirpe, Reyes, Rivera, Gonz�lez-Rojas, Ardila, Dickens.

An act to amend the Public Health Law, in relation to enacting the

Lead Pipe Right to Know Act.

ACTING SPEAKER AUBRY: On a motion by Ms.

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

advanced and the bill is laid aside.

THE CLERK: Assembly No. A06569, Rules Report

No. 169, Fall. An act to amend Chapter 395 of the Laws of 1978,

relating to moratoriums on the issuance of certificates of

environmental safety for the siting of facilities and certification of

routes for the transportation of liquefied natural or petroleum gas, in

relation to extending the effectiveness of the provisions of such

chapter.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A06601, Rules Report

No. 170, Reyes, Anderson, Rivera, Dinowitz, Gallagher, Cruz,

NYS ASSEMBLY MAY 17, 2023

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

Weprin. 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. A06672-A, Rules

Report No. 171, Epstein, Burdick, Clark, Colton, Dinowitz, Gallagher,

Gibbs, Jackson, Kelles, Magnarelli, Seawright, Simon, Steck,

Zinerman, Dickens. An act to amend the Civil Practice Law and

Rules, in relation to establishing venue in actions to recover student

debt.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A06696, Rules Report

No. 172, Fahy. An act to amend the Education Law, in relation to the

practice of physical therapy.

ACTING SPEAKER AUBRY: On a motion by Ms.

Fahy, the Senate bill is before the House. The Senate bill is advanced.

Read the last section.

THE CLERK: This act shall take effect in 365 days.

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 MAY 17, 2023

THE CLERK: Assembly No. A06751, Rules Report

No. 173, Jacobson. An act to amend the Alcoholic Beverage Control

Law, in relation to a license to sell liquor at retail for consumption on

certain premises.

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. A06793, Rules Report

No. 174, Bichotte Hermelyn. An act to amend the Alcoholic

Beverage Control Law, in relation to a license to sell liquor at retail

for consumption on certain premises.

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. A06857, Rules Report

NYS ASSEMBLY MAY 17, 2023

No. 175, Fall. An act to amend Chapter 306 of the Laws of 2011,

authorizing owners of residential real property in high risk brush fire

areas in the borough of Staten Island to cut and remove reeds from

their property, in relation to extending the expiration and repeal date

thereof for an additional year.

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. A06941, Rules Report

No. 176, Bronson, Lupardo. An act to amend the Alcoholic Beverage

Control Law, in relation to permitting the sale of beer at retail on

Sundays; and to repeal certain provisions of the Alcoholic Beverage

Control Law relating thereto.

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.)

NYS ASSEMBLY MAY 17, 2023

The bill is passed.

THE CLERK: Assembly No. A06949, Rules Report

No. 177, Glick. An act to amend the Environmental Conservation

Law, in relation to exempting certain geothermal boreholes at depths

beyond five hundred feet from certain requirements.

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. A07154, Rules Report

No. 178, McDonald. 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. A07155, Rules Report

No. 179, Pheffer Amato, Santabarbara. An act to amend the Civil

Service Law, in relation to crediting of probationary service.

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.)

NYS ASSEMBLY MAY 17, 2023

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, if we could

now go to Calendar No. 47 -- I'm sorry, Calendar No. 81 on page 10

by Ms. Paulin followed by Calendar No. 126 on page 13 by Mr.

Dinowitz. In that order, sir.

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes. Page 10, Calendar No. 81, the Clerk will read.

THE CLERK: Assembly No. A04060, Calendar No.

81, Paulin, Gonz�lez-Rojas, Ardila, Bores, Burdick, Burgos, Colton,

Gallagher, Lavine, Lee, Levenberg, Magnarelli, Raga, Rivera, Rozic,

Shimsky, Simon, Stirpe, McDonough, Forrest, Kelles, De Los Santos,

Seawright. An act to amend the Public Health Law, in relation to

requiring menstrual products in public colleges and universities; in

relation to replacing the term "feminine hygiene" with "menstrual"

ACTING SPEAKER AUBRY: An explanation is

requested, Ms. Paulin.

MS. PAULIN: Yes, thank you. The bill would

require menstrual products to be offered for free in public college and

university restrooms.

ACTING SPEAKER AUBRY: Ms. Walsh.

MS. WALSH: Would the sponsor yield, please?

ACTING SPEAKER AUBRY: Will you yield?

NYS ASSEMBLY MAY 17, 2023

MS. PAULIN: Yes.

ACTING SPEAKER AUBRY: Sponsor yields.

MS. WALSH: I'm super delighted to be debating this

bill with you this afternoon.

(Laughter)

Okay. Just a couple of questions. When the bill talks

about school buildings, does that include all buildings on campus

including residences or dorms or -- or is there some subset that's going

to have to --

MS. PAULIN: It's all restrooms.

MS. WALSH: All restrooms, okay. Does it include

men's restrooms as well?

MS. PAULIN: That's a good question. I -- I would

say probably not.

MS. WALSH: Probably not?

MS. PAULIN: Yeah.

MS. WALSH: Okay. Okay. And is there any

projected cost for -- to the schools for having to comply with this?

MS. PAULIN: So most SUNYs and CUNYs already

have this program in place or they have a pilot. There is a -- a

foundation that does give money for institutions that want to do this.

So we don't anticipate any cost and evidence of that didn't even go to

Ways and Means.

MS. WALSH: I'm sorry? I didn't hear that last part.

MS. PAULIN: It didn't -- it didn't even go through

NYS ASSEMBLY MAY 17, 2023

Ways and Means.

MS. WALSH: Oh, okay. Oh, okay. Gotcha. Okay.

Thank you very much.

Mr. Speaker, on the bill.

ACTING SPEAKER AUBRY: On the bill, Ms.

Walsh.

MS. WALSH: So back in 2019, you might remember

that, the Assembly passed a change to the Public Health Law which

required that feminine hygiene products be provided free of charge in

any grades 6 through 12 public school buildings in those -- in those

restrooms. So this bill appears to just take it that next step further and

require it in all public colleges and universities. So, I mean basically

my concern with this bill is that I think that for grades 6 through 12

there's been some data, some studies about period poverty and girls

not wanting to go to school because they're menstruating and if they

don't have appropriate products and -- and I can understand that. By

the time we get to college, however, in the United States of America -

not in a Third World country - in the United States of America, there

are things that students need to have with them in order to be living on

campus or participating in campus classes. They need pencils, they

need pens, they need paper, they need binders, they need books and

they need to be able to provide for their own personal care. And my

objection is requiring -- having the State require that these products be

provided for free. And my overall concern is kind of like where does

it end? I -- I think that again, in -- in other countries we have -- we

NYS ASSEMBLY MAY 17, 2023

have read about instances where period poverty is a thing. I just think

that at some point -- and I think -- I guess I draw the line on this bill, I

think at this point when you go to college you need to have the things

that you need to be at college. And, you know -- I -- I don't believe

that the State should be -- should be financing this. The other thing I

just thought was interesting given our conversation earlier this

afternoon was back in 2019 we referred to these products as feminine

hygiene products. And now in the span of only four years now, we're

going to change the language so that it's -- it's no longer feminine

hygiene products and now it's menstrual products. And there are I

know other bills that are pending in the Legislature to make that

change in other -- in other areas. So I guess we're -- we're just trying

to make our terminology more correct -- politically correct -- I don't

know, correct. So anyway, I won't be supporting this bill. I think that

when a young woman goes to school she needs to be prepared and

part of being prepared is being able to provide for her own personal

hygiene. I don't think the State or the taxpayers should be paying for

it. Thank you.

ACTING SPEAKER AUBRY: Thank you, Ms.

Walsh.

Mr. Goodell.

MR. GOODELL: Party vote, sir.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: A Party vote has

NYS ASSEMBLY MAY 17, 2023

been requested.

Mr. Goodell.

MR. GOODELL: Thank you, sir. The Republican

Conference is generally opposed to this legislation. Those who

support it can certainly vote in favor here on the floor. Thank you, sir.

ACTING SPEAKER AUBRY: Mr. Vanel.

MR. VANEL: This is a Party vote. Members in the

-- in the Majority will be voting in the affirmative and members that

wish to vote in the opposite must come so to do so.

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 13, Calendar No. 126, the Clerk will read.

THE CLERK: Assembly No. A00856, Calendar No.

126, Dinowitz, Reyes, Sayegh, Simon, Stirpe, Steck, Glick,

Zebrowski, Weprin, Cruz, Kelles, Jackson, L. Rosenthal. An act to

amend the General Obligations Law, in relation to prohibiting

employers from requiring certain conditions or preconditions of

employment.

ACTING SPEAKER AUBRY: An explanation is

requested, Mr. Dinowitz.

MR. DINOWITZ: Sure. This bill would prohibit an

NYS ASSEMBLY MAY 17, 2023

employer from requiring an employee or person seeking employment

to waiver, arbitrate or otherwise diminish any existing or future claim,

right or benefit to which the employee or person seeking employment

will otherwise be entitled to under any provision of New York State or

Federal Law.

ACTING SPEAKER AUBRY: Mr. Goodell.

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

the sponsor yield?

ACTING SPEAKER AUBRY: Mr. Dinowitz, will

you yield?

MR. DINOWITZ: Yes.

ACTING SPEAKER AUBRY: Mr. Dinowitz yields,

sir.

MR. GOODELL: Thank you very much, Mr.

Dinowitz. It's my understanding that there's a Federal statute that

deals specifically with this, the Federal Arbitration Act and there are a

number of Federal court decisions including Supreme Court decisions

that deal with the preemption issue including of course a Northern

Kentucky Area Development District v. Snyder, Allied-Bruce

Terminix Co. v. Dobson, City Court Stores [sic] v. Adams. And don't

they consistently hold that the Federal Arbitration Act supercedes any

contrary State law?

MR. DINOWITZ: I don't believe that those things

that you mentioned would supercede this.

MR. GOODELL: Well, in Northern Kentucky Area

NYS ASSEMBLY MAY 17, 2023

Development the court specifically invalidated a Kentucky State Court

case -- I'm sorry, invalidated Kentucky State law that outlawed

mandatory arbitration agreements as a precondition of employment.

Isn't that exactly what this bill is purporting to do?

MR. DINOWITZ: Well, they didn't invalidate

anything in New York last I checked.

MR. GOODELL: I -- I apologize. I -- I didn't hear

your answer.

MR. DINOWITZ: I said they didn't invalidate or --

or there's no suggestion that they would invalidate anything here in

New York.

MR. GOODELL: Oh, so your view is if the Supreme

Court invalidates identical legislation in Kentucky, that's not relevant

to what we do in New York?

MR. DINOWITZ: This isn't that. This isn't the same

exact bill.

MR. GOODELL: Okay. Now in that case, in the

Kentucky case, they invalidate it because they said you cannot, by

State law, bar arbitration agreements as a precondition of

employment. Isn't that the purpose and intent of your bill?

MR. DINOWITZ: Well, I -- I wouldn't put it quite

like that. The purpose of this bill -- we want to make sure that

employees or potential employees aren't coerced into signing

agreements that they don't want to sign but feel that they have no

choice in signing and that's -- that's the purpose of this is. The two

NYS ASSEMBLY MAY 17, 2023

sides aren't on an equal footing and therefore in some cases what

employers or potential employers do can be characterized as,

coercion, and this attempts to not have that be the case.

MR. GOODELL: Now this bill only applies to

preemployment requirements, correct?

MR. DINOWITZ: I'm sorry. Preemployment?

MR. GOODELL: Yes.

MR. DINOWITZ: No. It applies to employees or

potential employees.

MR. GOODELL: It says no employers shall require

as a condition or a precondition of employment. So you're saying that

-- well, let's start with a precondition. What's wrong with an employer

saying if you want to work with me these are the terms and conditions.

MR. DINOWITZ: Well --

MR. GOODELL: Why is it -- why can't an employer,

before an employee accepts the job, say these are the terms and

conditions? And this says an employer cannot include, as one of those

terms and conditions, an agreement to arbitrate, correct?

MR. DINOWITZ: Well, I -- I -- I would say that it

depends upon what the terms and conditions are. If the -- if it's about

the salary or how many hours a week that one would be working,

that's one thing, but to deprive somebody of rights that they should

have because of this unequal relationship, that's a different case. So

not everything, in my view, is up for negotiation. But, of course, a

person seeking a job or hoping to keep a job might feel coerced into

NYS ASSEMBLY MAY 17, 2023

agreeing to something that they really shouldn't or shouldn't have to

because of this unequal relationship and -- and feel that they have no

choice. So as I said, I would differentiate between certain basic things

like salary, hours worked and these other things like, you know,

giving up your rights.

MR. GOODELL: As -- as you know, one of the most

common clauses in a union contract sought by the union is binding

arbitration. Now this bill allows binding arbitration in union

contracts, correct?

MR. DINOWITZ: If it's -- if it's negotiated, sure.

MR. GOODELL: And why is it that you only allow

binding arbitration at a request and in an insistence of a union but

don't allow the same provision to be available, even available to

private sector employees that might want it?

MR. DINOWITZ: Well, I -- I would differentiate

between the two --

MR. GOODELL: I -- I -- I meant non-union --

MR. DINOWITZ: I -- I -- I got what you meant.

MR. GOODELL: -- employees.

MR. DINOWITZ: I would differentiate between

those two situations in that unions -- a union is on a more equal

footing with the employer, whereas an individual is just not on the

same footing and therefore could be more easily coerced into doing

something that he or she may not want to do or think is advisable to

do.

NYS ASSEMBLY MAY 17, 2023

MR. GOODELL: Does this bill allow binding

arbitration in a non-union workplace if requested by a majority of the

employees?

MR. DINOWITZ: I don't know that I see anything

specifically in here that addresses that.

MR. GOODELL: In fact it's barred, right?

MR. DINOWITZ: Is that a problem?

MR. GOODELL: It would be if it was a majority of

employees if they were requesting it, most assuredly.

MR. DINOWITZ: I haven't heard any situation

where that's happened, have you?

MR. GOODELL: It's not my legislation, sir. I

haven't checked that.

MR. DINOWITZ: Well, maybe you should've.

MR. GOODELL: One other question. The courts,

New York courts, including our former Chief Judge, have repeatedly

applauded the use of arbitration as an alternative to expensive and

timely time-consuming court actions for the efficiency and the

quickness of decisions. Why should we ban binding arbitration in the

employment context outside of a union when the courts themselves

recognize the benefits, when the Federal government recognizes the

benefits and there's almost universal recognition that binding

arbitration is faster and much less expensive than court litigation?

MR. DINOWITZ: Well, first, she is the former Chief

Judge. We won't get into why that's the case but I don't know that I

NYS ASSEMBLY MAY 17, 2023

would place any stock into what her opinion and that's all it was was

an opinion on this issue. And as I said, she's no longer the Chief

Judge. I -- I don't remember what the second part of your thing was.

MR. GOODELL: Well, what about the rationale she

articulated?

MR. DINOWITZ: I'm sorry. Say it again.

MR. GOODELL: What about the rationale that she

articulated as by the way has been articulated in numerous other court

cases.

MR. DINOWITZ: Perhaps -- perhaps binding

arbitration may be quicker, and maybe that's good sometimes but

being faster is not necessarily better.

MR. GOODELL: Thank you for those comments,

sir.

On the bill.

MR. DINOWITZ: You're very welcome.

MR. GOODELL: On the bill.

ACTING SPEAKER LAVINE: On the bill.

MR. GOODELL: Thank you, Mr. Speaker.

Congress has recognized the validity and the value of binding

arbitration in the employment context. If there's an individual that

wants to bring an employment action against the employer in court, it

is very expensive and very time-consuming, which is why generally

the unions seek, as part of the negotiation, binding arbitration. It is a

benefit that our union employees routinely negotiate for. This

NYS ASSEMBLY MAY 17, 2023

legislation ignores the Federal rationale, it ignores the Federal statute,

it ignores the fact that union members routinely negotiate for this

benefit and this legislation makes that option illegal for non-union

employees. And as my colleague acknowledged, it doesn't matter if

the majority of the non-union employees ask for it. This bill says we

don't care what the employees want, you can't have it. So the

problems with this bill are number one, it is preempted by Federal law

and there are multiple Supreme Court decisions that say it. And just

because we spell the name of our State differently than the other states

that have had identical legislation knocked out it doesn't mean the

Supreme Court is going to change their mind. Number two, it

discriminates against non-union employees by prohibiting them from

having the same benefit. And last, it's unfair to all of our non-union

employers who want to extend that benefit to their employees or for

their own reasons want to avoid expensive litigation and want to have

a quick, efficient, cost-effective means of resolving employment

issues so that they can have a harmonious workforce. For those

reasons I'll be opposing it and recommend the same be opposed by my

colleagues. Thank you, sir.

ACTING SPEAKER LAVINE: Thank you, Mr.

Goodell.

Read the last section. A Party vote has been

requested.

Mr. Goodell.

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

NYS ASSEMBLY MAY 17, 2023

Republican Conference is generally opposed to this legislation. Those

who support it are certainly encouraged to vote in favor of it here on

the floor of the Assembly. Thank you, sir.

ACTING SPEAKER LAVINE: Mr. Vanel.

MR. VANEL: This will be a Party vote. The

Majority will vote in the affirmative. Those who wish to vote against

the bill must come to the House and vote accordingly.

ACTING SPEAKER LAVINE: The Clerk will

record the vote.

(The Clerk recorded the vote.)

Ms. Simon to explain her vote.

MS. SIMON: Thank you, Mr. Speaker. Having done

employment discrimination law I can tell you that forcing arbitration

on employees before they are employed actually doesn't save any

money, it doesn't necessarily result in a better result. It keeps people

from being able to go to court for the kinds of causes of action that are

actually better handled under rules of evidence in a court. In reality

the employment bar is very much against forced arbitration, and I'm

very pleased that the sponsor has brought this -- this bill to the floor

because it's a very important step in the right direction for New York.

Thank you.

ACTING SPEAKER LAVINE: Thank you, Ms.

Simon.

ACTING SPEAKER AUBRY: Are there any other

votes? Announce the results.

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(The Clerk announced the results.)

The bill is passed.

Assembly Resolution No. 439, the Clerk will read.

THE CLERK: Legislative Resolution

commemorating the one-year anniversary of the mass shooting at

Tops Friendly Markets in Buffalo, New York on May 14th, 2023, and

honoring the victims, survivors, families, and community-at-large in

the wake of this devastating tragedy.

ACTING SPEAKER AUBRY: Mrs. Peoples-Stokes

on the resolution.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker, for the opportunity to thank this honorable Body for their

support last year and their support this year for the families who lost

so much during the massacre that happened in Buffalo at the Tops

Market around the corner from my house last year. It just so happens

that this year, Mr. Speaker, that commemoration happened on

Mother's Day, which made it even more difficult for the families who

lost someone, but it also made it difficult for those of us who lost our

own mothers. Death is always hard. We all know that none of us are

getting out of here alive so we're all going to go that way sooner or

later, but when you go the way of a gunman who traveled almost four

hours to get to your community specifically for the purpose of killing

Black people with a high-speed weapon that you know he's only

shooting for almost just two minutes and he killed ten people and shot

three others. And he had the audacity to apologize in front of Black

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people who were mortified to a White guy who was shot by accident

because he didn't come to shoot him. He only came to shoot Black

people, he said that. What a difficult thing for those people to deal

with on Mother's Day, to remember how their mother was slaughtered

while she went to go to the supermarket. And I've heard it said that

the only thing that will stop a good man -- a bad man with a gun is a

good man with a gun. There was a good man with a gun in that

market that day, Mr. Speaker. He was a retired police officer Aaron

Salter. He had a gun but he was not totally body-armed as this hateful

creature was that came four hours away to kill Black people. He was

totally body-armed. I don't care what kind of weapon you had, you

weren't going to get to him. He was prepared to protect himself. He

didn't stand down until the police department came, and thank God for

the police department. People always want to talk about, you know,

what police don't do. I'm telling you what they did do in the case of

Buffalo. And the fact that they were not Black officers because

Buffalo has a lot of Black officers. The man would've still been

shooting if they had have been Black officers. But they were White

officers so they still lived. And, quite frankly, in my book they're

heroes because they saved a lot of other Black people from being shot

just by their presence alone. And so to honor that kind of experience

for people I want to thank you all. Thank you for all your support this

year and all your support last year, particularly my colleagues from in

and around Western, New York from both sides of the aisles who

showed up in big numbers to support people who live in my district.

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And I'm eternally grateful for that, but I just want to leave one

message as we memorialize the lives of these people who went. This

hate in America is not new. It's not new, it's very old. It's the same

hate that Billie Holiday sang about years ago, strange fruit hanging

from a tree. What was that fruit that was hanging from the tree that

was so strange? It was a Black man while they were on a picnic, that's

why I don't go on picnics nowadays. I'll go to a cookout but don't

invite me to a picnic because I know what they meant when they were

started. That same hate still exists, we remember Emmett Till. It's the

same hate that still exists in our society today. You turn the news on,

you might hear stuff from some people who are elected in office, the

spirit of the exact same hate that that young man had in his heart when

he rode into Buffalo intending to kill Black people. So I thank those

of us who understand that that hate has proliferated itself in our

society for far too long, and I will tell you that the people who have

the best opportunity to stop it don't look like me. And I would ask you

if you really are sincere about your thoughts and prayers about the

people who lost their lives, then you will begin working with us to

stop hate, and it's real simple, treat people like you want to be treated.

We saw hate in this Chamber today, Mr. Speaker. You very

admirably introduced a colleague from Tennessee who stood up not

for himself but for children who had been killed with an assault

weapon in his role as a state legislator. They removed him from his

job. There were people in this Chambers today that disrespected that

and wouldn't even stand. Yet every time we introduce people in this

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Chamber we all stand, but some people showed their hate today. So

it's not like it's gone. So I won't need your thoughts and prayers if

you're not going to be willing to help me deal with eradicating this

hate. And so I thank you for the opportunity to put this resolution

forward. I want to thank the Speaker and his staff for allowing our

halls in the concourse last week to be the pictures of these victims to

be shared. And I thank all the support that I have always received

from this honorable Body whether you hate me or not in my quest to

work in the interest of my people. Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes.

(Applause)

On the resolution, all those in favor signify by saying

aye; opposed, no. The resolution is adopted.

Thank you, Mrs. Peoples-Stokes.

Assembly Resolution No. 496, the Clerk will read.

THE CLERK: Legislative Resolution mourning the

death of Caroline Joyce Whitby, distinguished citizen and devoted

member of her community.

ACTING SPEAKER AUBRY: Ms. Seawright on the

resolution.

MS. SEAWRIGHT: Thank you, Mr. Speaker. On

behalf of Assemblyman Fred Thiele, Assemblywoman Deborah Glick

and myself, today we honor and memorialize Joyce Whitby who died

on April 22nd at age 88 years old. She was a founding member of

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EEGO, East End Gay Organization, a former member of the Board of

Directors of SAGE, the Feminist Press at CUNY. She was the Editor

of Sarah Weddington's book A Question of Choice on Roe vs. Wade

and was an avid activist and leader of numerous organizations and

boards. Her commitment to excellence and her spirit of humanity

carried over into all fields of enterprise including all of her charitable

and civic endeavors. She leaves behind a legacy which will long

endure the passage of time and remain as a comforting memory to all

who were privileged to have known her. Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you, Ms.

Seawright.

On the resolution, all those in favor signify by saying

aye; opposed, no. The resolution is adopted.

We have numerous other resolutions we will take 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. 493-498

were unanimously approved.)

Mrs. Peoples-Stokes.

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

have any further housekeeping or resolutions?

ACTING SPEAKER AUBRY: Yes. We -- we still

have resolutions on page 3 of the main Calendar. We will go to them,

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, sir.

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ACTING SPEAKER AUBRY: Assembly No. 483,

the Clerk will read.

THE CLERK: Assembly No. 483, Mrs. Clark.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 12, 2023, as Provider Appreciation

Day in the State of New York.

ACTING SPEAKER AUBRY: Mrs. Clark on the

resolution.

MRS. CLARK: Thank you, Mr. Speaker. I rise

today. It is only fitting that we honor our child care providers always

on the Friday before Mother's Day because I can't think of a single

working mother who doesn't rely on a child care provider. They are

one of the most integral pieces of our lives as we try to make

everything work and make all the plates balance and I just find it my

privilege to get to be in a Body that cares a lot about child care, that

talks a lot about child care and is doing what we can to make sure our

providers have what they need to support our families. There's a lot

more work we need to. We've done a lot this year to ensure that our

staff and child care workers and providers are getting more resources

and more dollars, but it's more of a temporary solution, not a

permanent one. So I just want to let them know how much we really

recognize the work they do everyday. Those who showed up during

the pandemic to support families, our frontline workers who had to go

to work and our providers who went and bent over backwards to make

sure that they were there for the families even during a pandemic. So

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we will keep our work going here. We will make child care work for

everybody. We will make sure our providers, our workforce are paid

what they deserve. We'll make sure all families can afford it and child

care will one day be truly universal in the State of New York. So

thank you so much for this resolution and excited to honor them

today. Thank you.

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. 484, Ms. Simon.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 17, 2023, as Dyslexia Awareness Day

in the State of New York.

ACTING SPEAKER AUBRY: Ms. Simon on the

resolution.

MS. SIMON: Thank you, Mr. Speaker. Today we

had family and friends and teachers and legislators all gathered today

for Dyslexia Awareness Day. And this is so critically important

because our young people and our adults with dyslexia have difficulty

processing those words, but the reality is part of the reason that so

many people have difficulty reading and right now we are educating

on grade level about 35 percent of our fourth graders are reading

proficiently, which means we are leaving behind over 60 percent of

our young people and they are not all dyslexic. So the answer is that

we know how to teach reading in a way that conforms to the brain

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science but it is even more critically important for those individuals

with dyslexia. I want to thank all of the members who came today to

Dyslexia Awareness Day. The number of members and senators who

participated and co-hosted today's events and to say that one of the

things that I hope that this Legislature will continue to focus on is to

improve the teaching of reading. We need to do professional

development, we need to change what we're doing in our schools and

we also need to change what we're doing in Higher Education in our

schools of education so that the teachers that we train for the future

are in fact know how to teach reading in our classrooms and right now

that is not happening because we're using methods of teaching reading

that simply don't work. So I want to again thank you for your support

of Dyslexia Awareness Day today and I look forward to your

continued support for Dyslexia Awareness Day next year. Thank you

very much.

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

THE CLERK: Assembly No. 485, Mr. Lemondes.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 19, 2023, as Armenian Heritage Day

in the State of New York.

ACTING SPEAKER AUBRY: Mr. Lemondes on the

resolution.

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

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with the utmost respect and humility to honor this day on behalf of all

of those killed and displaced by the Greek Pontian genocide

commonly and historically referred to as the Armenian genocide in

recognition of their fate which ensnared so many, two of whom were

my grandparents. Ironically, this is the second time anyone in my

family has spoken publicly of this since our arrival here in the 1920s.

And I do so not to seek pity but simply your acknowledgement that it

occurred. For the benefit of those who may not know, this genocide

was the first State-sponsored mass genocide of modern civilization

and served as the blueprint from which the Germans refined the

concept to use against the Jews 20 years later. Their participation was

as a result of the Ottoman German wartime alliance. Many German

officials witnessed firsthand the atrocities committed against these

ethnic Christian minorities. Taking place from 1914 to 1922, it was a

systematic extermination of an entire population where Ottoman

Turks directed the killing of over 353,000 Anatolian Asia Minor

Greeks and another million Armenians and Assyrians. An equal

number were forced to flee their homeland in one of the most

condemnable atrocities in the history of the world. These refugees

were largely considered stateless and were resettled worldwide, and

depending on the source consulted, these numbers of those killed and

resettled are considered conservative. The Ottoman regime sought to

consolidate its wartime position and to finance the turkification of

Anatolia by confiscating the assets of murdered or deported

Armenians, Greeks and Assyrians. This illegal redistribution of

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property also provided incentive for large numbers of ordinary people

to join in the assault on their neighbors.

Last, crimes against humanity must always be

condemned because studies by genocide scholars demonstrate the

single best predictor of future genocide is denial of past genocide

coupled with impunity for its perpetrators. Genocide deniers are three

times more likely to commit genocide again than other governments.

Let us be forever vigilant and thank you for listening. 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. 486, Ms. Rosenthal.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 2023, as Be Kind to Animals 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 No. 487, Mr. Zebrowski.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 2023, as Hepatitis C 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

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adopted.

THE CLERK: Assembly No. 488, Mr. Durso.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 2023, as Amyotrophic Lateral

Sclerosis 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 No. 489, Ms. Buttenschon.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim July 2023, as Ice Cream 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 No. 490, Mr. DeStefano.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim August 2023, as Children's Eye Health and

Safety Awareness Month in the State of New York.

ACTING SPEAKER AUBRY: Mr. DeStefano on the

resolution.

MR. DESTEFANO: Thank you, Mr. Speaker. I

know a lot of people are very disappointed that I didn't get to speak on

the resolution yesterday so I wanted to make up for it today and speak

on this one. The purpose of this resolution is to bring awareness to

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children's eye and health safety. In the United States one out of every

20 children between the ages of three and five have a serious eye

condition and left untreated this ailment can cause profound negative

long-term implications for our younger citizens. It's important to have

our children get regular eye exams to ensure that if they suffer from

nearsightedness, farsightedness, astigmatism, lazy eye, crossed eyes,

drooping of the eyelid and color deficiency of color blindness.

On November 19, 2018 Caitlyn Michiels, a

constituent of mine from Long Island, was diagnosed with Bilateral

Anterior Uveitis, A rare eye disease which is the third leading cause of

blindness in children. Unfortunately she had a difficult time finding

doctors to treat her many of whom saying they could not perform

treatments on children. And through this young girl's tireless efforts,

Children's Eye Health and Safety Awareness Month, Caitlyn's Law,

was passed by the Suffolk County Legislature in April of 2019. The

new law directs the Suffolk County Health Department to implement

updated information about eye health and urges families through

various programs to get regular checkups and Bilateral Anterior

Uveitis is an inflammation of the middle layer of the eye. This layer

includes the iris and the adjacent tissue known as the ciliary body. If

untreated, it can cause permanent damage and loss of vision from the

development of glaucoma, cataract, retinol edema. And uveitis can be

blurred vision, sensitivity to light and irregular shaped pupil, red, sore

and inflamed eye. And since the symptoms of Bilateral Uveitis are

similar to those of other eye conditions, an optometrist will carefully

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examine the front of the inside of the eye under a microscope using

high magnification to determine if an individual has this -- this

disease. The doctor may also perform and arrange for other diagnosis

tests. Treatment of this rare eye disease usually includes prescription

eye drops which dilate the pupils in combination with anti-

inflammatory drug treatment, usually takes several days and in some

cases several weeks. Even though it usually responds well to

treatment, the condition intends to occur. Bilateral Anterior Uveitis

can also result from a trauma to the eye and can be associated with

general health problems such as rheumatoid arthritis, syphilis,

tuberculosis among other diseases. Through public awareness, we

should seek to minimize the devastating effects of this disease among

all the citizens of the State of New York. After fighting her fight, she

started a nonprofit named Caitlyn's Vision. This organization

advocates for children eye care, provides educational material to

families, awards scholarships for students entering optometry, helps

families pay for medical bills and donates frames from recycled

glasses to help the poor citizens who cannot afford these new frames.

Thank you, Mr. Speaker. I urge all my colleagues and Governor

Hochul in supporting this worthy resolution.

ACTING SPEAKER AUBRY: Mr. Pirozzolo on the

resolution.

MR. PIROZZOLO: Thank you, Mr. Speaker. I

would like to thank the sponsor for this resolution. As an eye care

provider and eyewear provider myself, I especially work with children

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and I am very happy to see that this resolution is being taken up by the

Governor. And I would also like to say there's probably plenty of

room for future legislation on the subjects in the future and I'd like to

look forward to working with my colleagues to do that. But thank you

to the sponsor for bringing this to our attention.

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. 491, Mr. Sayegh.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim August 24, 2023, as Ukrainian American

Heritage Day in the State of New York.

ACTING SPEAKER AUBRY: Mr. Sayegh on the

resolution.

MR. SAYEGH: Thank you very much, Mr. Speaker.

I rise today to present this resolution declaring August 24th this year

as Ukrainian American Heritage Day in the State of New York. And

this will also be in conjunction with the observance of Ukrainian

Independence. I think all of us recognize in today's time with the war

in the Ukraine what the Ukrainian community is going through

throughout our State and our nation and of course in the Ukraine.

Although we hear tragedies, the impact is tremendous on the people of

the Ukraine that have suffered as a result of this lengthy war that has

taken a tremendous cost of lives. Ukrainian Americans for me are a

community that are extremely active in my City of Yonkers and in our

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State there's nearly 140,000 Ukrainian Americans and over a million

Ukrainian Americans in the USA. And I can tell you their activity,

their hard work, their commitment in the legal and the health field and

the business field is tremendous. So I'd like to make this resolution

and will be presenting it to various established Ukrainian

organizations in my city, St. Michael's Church, The Ukrainian Youth

Center and the SUMA Federal Credit Union. And I'd like to

congratulate the Kazickas (phonetic) that has led the efforts of the

Ukrainian American community in Yonkers, Westchester County and

the State. Thank you very much.

ACTING SPEAKER AUBRY: Mr. Brook-Krasny on

the resolution.

MR. BROOK-KRASNY: Mr. Speaker, I will be

very, very short and concise. Glory to Ukraine, glory to the heros.

This the worst that as we speak now young Ukrainians is fighting the

country that where I was born and it's very unfortunate. 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. 492, Ms. Lunsford.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim November 8, 2023 as STEAM Day in the

State of New York.

ACTING SPEAKER AUBRY: Ms. Lunsford on the

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resolution.

MS. LUNSFORD: Thank you, Mr. Speaker, for

giving me an opportunity to celebrate STEAM Day here in New York.

STEAM stands for Science, Technology, Engineering, Arts and Math

and despite what my engineering husband says, arts does belong there

because art helps unlock the creativity that is essential to the

innovation that we see in STEAM education. If you had an

opportunity to visit with some of the robotics teams that we're here

today, you got to see that many of the STEAM educators in our

community are children themselves. They're captains of the STEAM

teams, they are robotics kids, they are camp counselors, they run Lego

clubs at our local libraries. We need to start now building the

workforce of the future. Right now about seven percent of our

nation's jobs are in the STEAM field and that's only going to grow.

STEAM education isn't just for work, though. It's to help everyone

understand the way our technology and our society works. More and

more we are basing our lives on technology. And it's important that

we understand coding as much as we understand photosynthesis

because it is the building blocks of our society. I'm proud to support

this resolution. Thank you for giving me an opportunity. And if you

haven't had the opportunity to see the robotics kids in action we'll

have them back again next year. Thank you so much.

ACTING SPEAKER AUBRY: Thank you.

On the resolution, all those in favor signify by saying

aye; opposed, no. The resolution is adopted.

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Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker. Do you have any further housekeeping or resolutions?

ACTING SPEAKER AUBRY: We have exhausted

all the work we can.

MRS. PEOPLES-STOKES: Good job, Mr. Speaker,

good job. I now move that the Assembly stand adjourned and that we

reconvene at 10 a.m., May the 18th, tomorrow being a Session day.

ACTING SPEAKER AUBRY: The Assembly stands

adjourned until 10 a.m. tomorrow the 18th.

(Whereupon, at 5:05 p.m., the Assembly Stood

adjourned until Thursday, May 18th, at 10:00 a.m., Thursday being a

Session day.)

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