MONDAY, MAY 22, 2023 1:26 P.M.
ACTING SPEAKER AUBRY: The House will come
to order.
In the absence of clergy, let us pause for a moment of
silence.
(Whereupon, a moment of silence was observed.)
Visitors are invited to join the members in the Pledge
of Allegiance.
(Whereupon, Acting Speaker Aubry led visitors and
members in the Pledge of Allegiance.)
A quorum being present, the Clerk will read the
Journal of Sunday, May 21st.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, I move to
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NYS ASSEMBLY MAY 22, 2023
dispense with the further reading of the Journal of Sunday, May the
21st and that the same stand approved.
ACTING SPEAKER AUBRY: Without objection, so
ordered.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, sir. To our
colleagues, as well as our guests that are in the Chambers, I would like
to share a quote today from, this one is from Oliver Goldsmith, he was
an Irish novelist, and a playwright and a poet. His words for us today,
Our greatest story [sic] is not in never falling, but in rising every time
we fall. Again, these words from Oliver Goldsmith.
Mr. Speaker, colleagues have on their desk a main
Calendar. We also have a debate list and after any housekeeping
and/or introductions, we'll be calling for a Rules Committee to meet in
the Speaker Conference Room, that one will produce an A-Calendar
of which we're going to take up today on consent. We're also going to
be calling for the following committees to meet off the floor: Labor
and Tourism. We're going to take up the following bills on debate
today from this list, Calendar No. 154 by Mr. Burdick; Rules Report
No. 162 by Mr. McDonald; Rules Report No. 169 by Mr. Fall; Rules
Report No. 142, Mr. Dinowitz; and Rules Report No. 154 by Mr.
Jacobson. There is probably going to be a need for additional floor
activity and so I will announce it as we proceed. However for sure
there is a need for a Majority Conference immediately following our
conclusion on the floor today. And as we always do, Mr. Speaker,
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NYS ASSEMBLY MAY 22, 2023
we'll check with our colleagues on the other side of the aisle to see
what they have conference needs.
That's a general outline of where we are today, sir. If
you have any housekeeping or introductions, now would be a great
time.
ACTING SPEAKER AUBRY: Thank you, Mrs.
Peoples-Stokes, and we do have a introduction.
Ms. Woerner for the purposes of a introduction.
MS. WOERNER: Thank you, Mr. Speaker, for
allowing me the privilege of interrupting our proceedings for an
introduction. I am joined in the Chamber today - please stand - by
Ben Nathan. Ben is a rising sophomore at Skidmore College, a
graduate of Saratoga Springs High School, and he has joined us in the
Chamber today to see how his State government works. So I know
we'll all be on our best behavior and give him a really good education.
So if you will offer the cordialities of the House, Mr. Speaker.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Woerner, the Speaker and all the members, Ben, welcome to
the New York State Assembly. We extend to you the privileges of the
floor. We hope that this time with us will be instructive, and you
certainly have a good example sitting next to you on the floor, a great
Assemblywoman. Thank you so very much for being here.
(Applause)
Mrs. Peoples-Stokes for the purposes of a
introduction.
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NYS ASSEMBLY MAY 22, 2023
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker, for allowing me the opportunity to introduce, I think a very
important guest from the great Western New York community. He is
here today, even though we are celebrating today in Albany the Asian
Pacific American Heritage Week, he's actually here to promote the
work that he does so greatly in our community with the Community
Action Organization. He is the President and CEO, Thomas Kim.
The CAO is the largest not-for-profit in all of Erie County. It runs
youth services, adult services, affordable housing, drug treatment
programs and all of Head Starts. It also does a business development
initiative that has young people learning how to be vendors and sales
people, and craft artists at selling things at a very early age. Mr.
Thomas is also an amazing Army Veteran. He has served in three
combat tours. He has two Bronze Stars. He went to the Army
operations and Intel school. He's also a graduate of Wharton with an
MBA and a Master's of Social Work. So as you can see, he's a
well-rounded, intellectual that provides added value to all of the
constituents throughout Erie County, and in particular, those who live
within the 141st Assembly District. So it would be my honor, sir, if
you would welcome him to our Chambers and give him the
cordialities of the floor.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mrs. Peoples-Stokes, the Speaker and all the members, sir, we
welcome you here to the New York State Assembly, extend to you the
privileges of the floor. And congratulations on such a storied career
4
NYS ASSEMBLY MAY 22, 2023
that you have already put forward. We hope that you will continue in
all these great endeavors and continue to make this State and your
community better. Thank you so very much.
(Applause)
Mrs. Peoples-Stokes for a announcement.
MRS. PEOPLES-STOKES: Mr. Speaker, if you
could please have the Rules Committee go to the Speaker's
Conference Room.
ACTING SPEAKER AUBRY: Absolutely. Rules
Committee, Speaker's --
MRS. PEOPLES-STOKES: And we will go right to
our debate list.
ACTING SPEAKER AUBRY: Rules Committee,
Speaker's Conference Room immediately.
Page 15, Calendar No. 154, the Clerk will read.
THE CLERK: Assembly No. A00343-A, Calendar
No. 154, Burdick. An act to amend the Public Service Law, in
relation to requiring vine trimming for the maintenance of utility
poles.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
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NYS ASSEMBLY MAY 22, 2023
MR. GOODELL: Thank you, sir. This bill requires
utilities to trim vines if the vine growth would likely disrupt the safe
and reliable service. I just wanted to commend the sponsor for
amending this bill to reflect the comments of industry. And that's the
type of process we would hope to have, one that is balanced and fair
to both parties, or all parties. And with that, I'll be supporting it.
Thank you, sir.
ACTING SPEAKER AUBRY: Thank you, sir. Mr.
Goodell in the affirmative.
ACTING SPEAKER WOERNER: Are there any
other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 6, Rules Report No. 162, the Clerk will read.
THE CLERK: Assembly No. A05477-A, 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, Bores, Buttenschon. 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 WOERNER: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER WOERNER: The Clerk will
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NYS ASSEMBLY MAY 22, 2023
record the vote on Rules Report No. 162.
(The Clerk recorded the vote.)
Mr. McDonald to explain his vote.
MR. MCDONALD: Thank you, Madam Speaker.
Just briefly on this legislation. A classic example of what we always
deal with is at a picnic last fall, a woman came up to me and said, you
know, I've been working the polls for 35 years and I'm going to quit. I
said, why are you going to quit? She goes, because I'm working more
and more and more because of early voting and many other aspects
and the reality is my income is going up to the point where it's crossed
the threshold and it's costing me my STAR exemption. So this
legislation really reflects the fact that we are challenged to find poll
workers. I appreciate the bi-partisan support on this because we all
know the challenges and hopefully, more individuals will continue to
help make sure that our elections are conducted fairly and equitably.
Thank you.
ACTING SPEAKER WOERNER: Thank you, Mr.
McDonald.
Mr. Gallahan to explain his vote.
MR. GALLAHAN: Thank you, Madam Speaker. I'd
like to thank the sponsor for this bill and on the bill, I would also like
to say that I'd like to see this furthered with folks being able to sign up
for shift work during the -- during the process because we have a lot
of older folks and folks that are disabled that can't make it from 6
o'clock in the morning until 9 o'clock, 9:30 in the evening. So I think
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NYS ASSEMBLY MAY 22, 2023
it would open up a lot more opportunity for poll workers if we could --
we could do shift work and cut it from 6 o'clock in the morning to 1, 2
o'clock in the afternoon and have someone come in and relieve them.
So I just wanted to make that clear, I think that's a great plan and
thank the sponsor for the bill. Thank you.
ACTING SPEAKER WOERNER: Thank you, Mr.
Gallahan.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Madam
Speaker. If I could have colleagues' attention, I would like to interrupt
our proceedings for the purposes of introducing a guest in the
Chamber. She is a guest of our colleague, Ms. Grace Lee. And she is
here in celebration of Asian American Heritage Month. Her name --
I'm introducing Mrs. Ellen Yang. She is the wife of Andrew Yang,
former Presidential candidate. She's a mother of two, she's an
advocate for children with special needs, she's a survivor/advocate of
victims of sexual abuse, and she's an amazing voice, Madam Speaker,
for Asian Americans not just in the State of New York, but nationwide
as well as worldwide. Would you please welcome Ms. Yang to our
Chambers and offer her the cordialities of the floor. Thank you,
ma'am.
ACTING SPEAKER WOERNER: Ms. Yang, on
8
NYS ASSEMBLY MAY 22, 2023
behalf of Assemblymember Lee and the Speaker and all of the
members, we welcome -- we welcome you to our Chamber. Thank
you so much for the good work that you do on behalf of Asian
Americans across the State, as well as for children of special needs
and for the victims of sexual abuse. It's very important work and it's
wonderful to have a woman as distinguished as yourself leading that
effort. We extend to you the privileges of the floor and hope that you
enjoy the proceedings, and thank you so much for joining us.
(Applause)
Mr. Goodell for an introduction.
MR. GOODELL: Thank you very much, Madam
Speaker. Everyone in this room appreciates the challenges that are
facing our youth, especially as it relates to our addiction and substance
abuse. And we are honored today to have with us the Youth Alliance
of Jefferson County. Their overall mission is to improve health and
wellness in communities by decreasing or reducing substance use in
youth. The Coalition is youth-led and uses evidence-based model for
community change. Today we have 11 remarkable youth supported
by eight community stakeholders. And they've been here meeting
with Assemblymember Blankenbush and Assemblymember Gray. So
on behalf of those two Assemblymen, let me introduce in the 8th
grade: Aubri Souza, Perry Durgan, Faith Jones; in the 9th grade,
Kaplan Schenk, Eva Horbacz, Thatcher Fairchild; in the 10th grade,
Kaelynd Brouillette, and Peyton Britton; in the 11th grade, Nathalie
Lassiter; in the 12th grade, Lily Sourwine and Lilly Kimball. And
9
NYS ASSEMBLY MAY 22, 2023
with them we have District Attorney Kristyna Mills; Cody Horbacz
who is a parent, business owner and (inaudible) of Watertown
Councilman; Heidi Williams; Lonny Snyder and Celia Cook with the
Youth Alliance; Anita Seefried Brown and Caitlin Lawler with the
Alliance for Better Communities; and Tammie Nabywaniec, Project
Director of the Youth Alliance.
If you would welcome these distinguished guests who
are engaged in such an important project in Jefferson County, I would
appreciate it. Thank you, Madam Speaker.
ACTING SPEAKER WOERNER: Thank you, Mr.
Goodell. On behalf of Assemblymembers Blankenbush and
Assemblymember Gray, it is -- and the Speaker and all of our
members, it is a privilege to welcome you young people and the adults
who are -- who are with you to the Chamber today. The work that
you're engaged in to -- to improve health and wellness by reducing
substance use, particularly among youth, is so very, very important
and it is a -- it's a challenge in every community across the State.
Thank you for taking up that mantle and doing what I'm sure is an
outstanding job. I hope that your time here in the -- in the Capitol has
been a productive one. So today, we extend to you the privileges of
the floor and we hope that you enjoy our proceedings. Thank you so
much for joining us.
(Applause)
Page 7, Rules Report No. 169, the Clerk will read.
THE CLERK: Assembly No. A06569, Rules Report
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NYS ASSEMBLY MAY 22, 2023
No. 169, Fall. An act to amend Chapter 395 of the Laws on 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.
(Pause)
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: A Party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you very much, sir. The
Republican Conference will be generally opposed to this legislation
for the reasons I hope to explain in a moment, but we definitely have
members who also support it. They should make sure they vote yes
here on the floor of the Assembly. Thank you sir.
ACTING SPEAKER AUBRY: Thank you, sir.
And Mr. Vanel.
MR. VANEL: This is a Party vote. The Majority
members are generally in favor of this legislation. Those who are in
an opposition of this legislation must come into the Chamber and vote
affirmatively.
ACTING SPEAKER AUBRY: Thank you, sir.
The Clerk will record the vote.
11
NYS ASSEMBLY MAY 22, 2023
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you. This bill continues a
moratorium on licensing any liquid natural gas or petroleum gas
facilities in New York City. And the bill originally arose as a result of
a -- a liquid natural gas tank explosion 50 years ago, 50 years ago in
1973. In 1978, New York State composed a temporary moratorium
while they studied the safety of this issue. And they required the
Energy Planning Board to issue a report. Well, that report came back
and said that liquid natural gas is as safe as any other currently
available fuels and that the liquid natural gas industry has addressed
and responded to and has an excellent safety record. Currently, New
York State is the only state in the nation with a moratorium on
constructing any liquid natural gas facilities. So my colleagues in
Staten Island who still remember the explosion 50 years ago because
they have a much better memory than I do, will likely be opposed.
Those of us who are ready to move forward and look at this in a
different light will likely be opposed to this bill. Thank you, sir.
ACTING SPEAKER AUBRY: Mr. Goodell in the
negative.
Mr. Reilly to explain his vote.
MR. REILLY: Thank you, Mr. Speaker. So I rise to
just give a little brief history and explain my vote that on
February 10th, 1973, there was an explosion that killed 40 workers at
a tank in Staten Island. The reason why I'm supporting this legislation
12
NYS ASSEMBLY MAY 22, 2023
is it halted the construction of two tanks that exist in my district today.
And right now the proximity they are to residential communities is
really something that's concerning to us, and that is why I am in
support of this legislation and I hope that my colleagues will
understand and appreciate the concern that the Staten Island
community has with the two tanks that exist and we don't want to see
them in operation again. So thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Mr. Reilly in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Fall.
MR. FALL: Thank you, Mr. Speaker. On behalf of
our colleagues, Member David Weprin and Member Daniel
Rosenthal, I'm pleased to introduce Stuart Verstandig. His son was a
former intern and also worked for both of our colleagues. So if you
could please welcome them to the People's House. Thank you.
ACTING SPEAKER AUBRY: Certainly, thank you.
On behalf of Assemblymembers Weprin and Rosenthal, the Speaker
and all the members, we welcome you here to the New York State
Assembly. We welcome you back to the New York State Assembly,
extend to you the privileges of the floor. So happy that this great
family can attend and enjoy this day. Thank you so very much.
(Applause)
13
NYS ASSEMBLY MAY 22, 2023
Page 5, Rules Report No. 142, the Clerk will read.
THE CLERK: Assembly No. A02134-A, Rules
Report No. 142, Dinowitz. An act to amend the Multiple Residence
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 AUBRY: An explanation is
requested, Mr. Jacobson -- oh, Mr. Dinowitz, I'm sorry.
MR. DINOWITZ: Where's Mr. Fitzpatrick? I miss
him already.
Okay. This bill amends the Multiple Dwelling and
Multiple Residence Laws to require building owners to maintain a list
with the names and contact information for all residents. The owners
are to provide this list to emergency services personnel upon request
during an emergency. So if you are in -- if you are in favor of people
not dying from a fire or an explosion, you'll want to vote for this bill.
ACTING SPEAKER AUBRY: Ms. Walsh.
MS. WALSH: Thank you, Mr. Speaker. Will the
sponsor yield for just a couple questions?
ACTING SPEAKER AUBRY: Mr. Dinowitz, will
you yield?
MR. DINOWITZ: I would love to yield in this very
noisy place.
ACTING SPEAKER AUBRY: Well, I believe we
can quiet the noise down. Ladies and gentlemen, we are on debate. If
14
NYS ASSEMBLY MAY 22, 2023
you'll break up those conversations in the back, take your seats or take
it outside the Chamber, please. A little respect for your members,
both sides of the aisle.
MS. WALSH: Thank you very much. So this bill, as
you said, in cases of emergency if there's a request made of the owner
or agent of a building, and I'm thinking of like high-rise building,
maybe many hundreds of people living in there, for a list with contact
information for each person. If the fire for example, let's say a fire, or
it could be a gas leak or it could be something like that they want to
get that list, the owner or agent of that owner needs to provide that list
to emergency services; is that correct?
MR. DINOWITZ: Yes.
MS. WALSH: Okay. So there were a few concerns
raised by the bill and I just want to clear those up because I think that
the bill is very specific and limited as far as what is required and when
it's required. So, first of all, it's only upon request by EMS, correct?
MR. DINOWITZ: Yes.
MS. WALSH: Okay. It's the -- the list is maintained
only for EMS's use, it's not for general dissemination, correct?
MR. DINOWITZ: Well, it's not just EMS but yes, it's
various emergency services, police, fire and so on. The list cannot be
disseminated. It's just there in case they need it because if they're in a
building and there's an emergency, a gas leak, they want to make sure
they're getting everybody out and they don't want to leave anybody
behind. And this is a direct result of something which took place in
15
NYS ASSEMBLY MAY 22, 2023
Yonkers that my colleague State Senator Mayer, brought to our
attention.
MS. WALSH: And the information would be not
only the name of the individual whose name is on the lease, but also
the cell phone number I would presume or a way to contact that
individual, right?
MR. DINOWITZ: Yes.
MS. WALSH: Okay. And but that information
cannot be provided, according to this bill, unless there is specific and
informed written consent from each occupant or resident. So if the
occupant or resident says no, I don't want you giving this lifesaving
information to fire, police or EMS, they can say that they don't want it
and then it would not be provided, right?
MR. DINOWITZ: They could opt out and then
unfortunately it's possible that it would be less likely that their lives
would be saved if they're there but no one knows they're there, what if
somebody is unconscious, for example. So it would certainly be in
people's interest to give the information, but it wouldn't be required,
there'd be an opt out.
MS. WALSH: So yeah, so the -- who specifically
will be on this list then? It will be people who agreed to be put on the
list, but from the point of view of the owner or agent that's compiling
the list, isn't it true that you're going to be going off of the lease that
was signed by the individual? Would that lease also include names of
other people that were also residing with them who were not on the
16
NYS ASSEMBLY MAY 22, 2023
lease maybe but were residing with them?
MR. DINOWITZ: Well, the list -- the names on the
lease are the leaseholders, but there could be additional names on the
list that the landlord or agent would have.
MS. WALSH: And once those people agreed to have
their name included in this, let's just call it an emergency list or
something -- emergency list, then those names would also be
provided, right?
MR. DINOWITZ: Yes.
MS. WALSH: And then any time the lease was
amended or there was a new lease for that particular unit, then the list
would get updated.
MR. DINOWITZ: Correct.
MS. WALSH: Okay. Now if -- if -- I mean what if
the list was not 100 percent accurate. I mean you might miss a person
here or there, or they won't agree to have their name included. So is
there any liability for the owner or agent for not providing a 100
percent accurate list of individuals in that building?
MR. DINOWITZ: No. The owner would be able to
provide a list as accurate as the people who allow him or her to put the
names on the list.
MS. WALSH: Okay. And that's -- I mean that's
about it. The one -- the one piece of opposition really to the bill, what
they said was that compiling the list will entail a lot of work. Do you
have anything to say about that? I mean, wouldn't there already be a
17
NYS ASSEMBLY MAY 22, 2023
list of people who had a lease in that building, you'd have a roll, right,
a rent roll?
MR. DINOWITZ: Well, the landlord would already
have a list of the -- the leaseholders for each apartment. So anybody
who thinks this will be a lot of work are people who don't work a lot.
MS. WALSH: Okay. So it's doable, it's doable to do
it --
MR. DINOWITZ: It's like nothing.
MS. WALSH: Yep. And again, it's not -- it's not as
though the owner of the building is going to have to go around
knocking on every unit and taking some kind of a head count and
coming up with a comprehensive list, you're working off of the lease
document.
MR. DINOWITZ: Right. It's really not a burden, at
least as I can see it. It's really not a burden.
MS. WALSH: Okay. Thank you very much for your
answers.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, Ms.
Walsh.
MS. WALSH: Yeah, I really appreciate the sponsor
bringing this bill forward and I think, you know, based on the answers
of the questions that I asked, I think that this bill is narrowly-tailored
for the purpose that it's trying to accomplish which is the safety and
safety of the individuals that live in a building in case of, you know,
18
NYS ASSEMBLY MAY 22, 2023
God forbid an emergency like a fire or a gas leak or some other
problem that where you really need to know the whereabouts of the
people who are in the building. So I think that it's a good reason
behind the bill and I think that the way it's constructed doesn't violate
anybody's privacy. They have to give specific and informed written
consent before their name and contact information goes on this
emergency list. And if it's not 100 percent accurate, if it's only 90
percent accurate, it's better than 0 percent, it's better than not being
able to provide it at all. So I will be supporting this bill. I would
encourage my colleagues to do the same. I do think that there may be
some who feel that it would be burden, but for myself, I think that any
burden is overcome by the -- the really good purpose that it seeks to
achieve. So thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you, Ms.
Walsh.
Read the last section.
THE CLERK: This act shall take effect on the 90th
day.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mrs. Peoples-Stokes for the purposes of a
19
NYS ASSEMBLY MAY 22, 2023
announcement.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. Could you call the Labor Committee to the Speaker's
Conference Room?
ACTING SPEAKER AUBRY: Certainly. Labor
Committee, Speaker's Conference Room immediately, please.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Yes, sir. I'm going to
ask guests and colleagues that are in the Chambers to please have a
seat for a moment, because the people who are going to be standing
momentarily I want to be recognized easily. So if everyone could
have their seat. Colleagues, colleagues, please. Mr. Lavine, please.
Jodi, please. Thank you, Judge, for having a seat. Thank you.
Mr. Speaker, on behalf of myself as well as Mr.
Goodell and all of our colleagues that are in the Chambers, we would
like for you to welcome the young people who are here from high
schools across the State for Students Inside Albany. So would all the
Students who are Inside Albany please stand.
So Mr. Speaker, this is organized by the League of
Women Voters and, as you know, they're always particularly
interested in making sure that constituencies are voting, and what a
better place to start than to start with our young people and bring them
right to the spot that shows the results of what happens when people
vote. So if you would please welcome these young people to our
Chambers on behalf myself and Mr. Goodell and all the colleagues in
20
NYS ASSEMBLY MAY 22, 2023
the Chambers, it would be greatly appreciated.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mrs. Peoples-Stokes, Mr. Goodell, the Speaker and all the
members, we welcome those extraordinary students here to shadow
our members to the New York State Assembly. We extend to you the
privileges of the floor. We hope that this has been a day that has been
beneficial to you. I hope that you will ultimately see yourself back to
a Chamber like this, or the other one across the aisle to serve in a
capacity in making the laws of the State. If that be true, we wish you
well and we hope that we will see you in leadership soon. Thank you
so very much.
(Applause)
Page 6, Rules Report No. 154, the Clerk will read.
THE CLERK: Assembly No. A04847-A, Rules
Report No. 154, Jacobson, Santabarbara, Eachus, Colton,
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: An explanation is
requested, Mr. Jacobson.
MR. JACOBSON: Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: One minute, Mr.
Jacobson. Let our members settle down, everybody have a seat. Act
like you have some respect.
21
NYS ASSEMBLY MAY 22, 2023
Proceed.
MR. JACOBSON: Thank you, Mr. Speaker. The
purpose of this bill is prohibit and deter conflicts of interests at
industrial developmental agencies known as IDAs. By prohibiting all
those on the boards or who work for the IDA from taking a position
with an entity that is applying or receiving benefits from the IDA.
This also includes independent contractors. The version this year is
slightly different, that the prohibition does not apply to those workers
that are performing maintenance services, the premises that the IDA
owns or rents such as landscapers, snow removers, plumbers,
electricians and those people. Also, if there is a -- it would not be
considered a conflict if a member of a union is on the IDA Board and
it comes to pass that members of that person's union would be
receiving employment.
There is a penalty involved that if somebody violates
this law and takes a position that pays them money, the penalty is five
times the amount of the money they received. So that's restitution
plus four times the amount. Because, Mr. Speaker, it's very important
because a prohibition without a penalty is not a deterrent and that's
why we need this bill. Thank you.
ACTING SPEAKER AUBRY: Thank you, sir.
Mr. Goodell.
MR. GOODELL: Thank you, sir. Would the sponsor
yield?
ACTING SPEAKER AUBRY: Mr. Jacobson, will
22
NYS ASSEMBLY MAY 22, 2023
you yield, sir?
MR. JACOBSON: Yes, I will.
ACTING SPEAKER AUBRY: The sponsor yields.
MR. GOODELL: Thank you, Mr. Jacobson. Of
course, those of us who are here on the floor of the Assembly
periodically find ourselves in a conflict of interest situation, and right
on our desk we have the opportunity to abstain, it's one of the three
options we have whenever we vote. Why is it not sufficient for an
IDA member to simply abstain whenever there's a conflict of interest?
(Pause)
MR. JACOBSON: They can abstain from voting, but
that has nothing to do with them taking a position with an entity while
they're working for the board or afterwards. This bill also says that for
two years after a person stops serving on the board or rendering
services, that person cannot -- also has that prohibition from working
for an entity that has applied or receiving benefits. That's the same
kind of restriction that we have for most State employees.
MR. GOODELL: So it's your intent with this
language that it only applied to taking a position or new employment
after a vote? I mean so as an example, if I'm already a board member
--
MR. JACOBSON: If you're a board member, you
cannot take a job or get paid by somebody that's applying or receiving
benefits, or once you stop working for the board, there's a two-year
prohibition.
23
NYS ASSEMBLY MAY 22, 2023
MR. GOODELL: All right, so I understand you're
aiming this at preventing a situation where a board member votes to
approve a large grant and then, if you will, as a reward by a lucrative
employment contract with the grant recipient. That's what you're
aiming at; is that correct?
MR. JACOBSON: Yeah, that's one -- that's one of
the reasons because I think that it's wrong to be being paid by
somebody who is getting the benefit.
MR. GOODELL: Okay, so now let me give you a
different scenario.
MR. JACOBSON: Go ahead.
MR. GOODELL: Let's say you are a -- already an
employee of a major corporation and in my IDA we try to select
people who have business experience to serve. Maybe you're a banker
or maybe you're a CEO of a corporation. And two years after you
were appointed as a board member, so you've been there for a couple
years, your corporation wants to seek a benefit. Is the corporation
barred from seeking any benefit from anybody who is on the IDA
board because, if so, we're not going to have anyone on the IDA board
that has that type of business experience. Or does it only apply to a
person who takes a position after a vote?
MR. JACOBSON: No, it would apply to that board
member while that member's on the board. And if the person then --
if then that company applies, you either have to get off the board or --
or discontinue the job. I think that when somebody takes a position,
24
NYS ASSEMBLY MAY 22, 2023
they -- they know the rules, or they should know the rules going into
that position. I mean, for example, when you have attorneys that are
town justices, they have a restriction that they cannot appear before
other town justices who are attorneys. They can go to another county,
but they can't do it in their own county. So the whole idea is, in this
situation, is that you should know what's going on and we want to
avoid conflicts, we want to avoid self-dealing as happened in Orange
County when the former County Executive who was on the IDA
Board was getting a salary by somebody that was applying and the
former Executive Director quit his job with some other employees and
then turned around and set up their own company dealing with the
board. So we're trying to prevent that. We want to help restore
confidence. There's a lot of money going on here so I think it's
important that we avoid conflicts as much as possible.
MR. GOODELL: Thank you very much, Mr.
Jacobson.
On the bill, sir.
ACTING SPEAKER AUBRY: On the bill, Mr.
Goodell.
MR. GOODELL: Thank you. First, I think everyone
in this room is in agreement with the object of eliminating the
situation where a board member or a board employee of an IDA
approves or supports a project and then subsequently in short order
takes a highly remunerative job from the grant recipient, because it
creates an impression that their vote may have been influenced by a
25
NYS ASSEMBLY MAY 22, 2023
potential new employment where they put money in their own pocket;
100 percent on board with the sponsor in eliminating that situation.
But I think it should be really clear that there's a
different situation that's entirely different, and that is where you have a
board member who's an officer or employee of a corporation and has
been for years, and that corporation applies to the IDA for financial
assistance, and the board member makes a full disclosure and abstains
where there's no real implication that that board member is pocketing
money because the board member clearly disclosed it and abstains
from the vote. That should be allowed. And the problem is if you ban
both situations, you will not be able to recruit the very best board
members that you want on your IDA Board.
So in my county, we try to recruit members on the
IDA Board that thoroughly understand business, that are actively
involved in manufacturing or retail or other aspects, or maybe are
bankers who clearly understand the application, the wisdom and the
ability to be helpful. We don't want to ban anyone who might have
any knowledge or ability and disqualify their company for two years
simply because an existing board member sits on the board.
And so while I fully support that perspective going
forward, banning anyone from getting a new employment after voting,
it's just like we apply to lobbyists where there's a two year ban or us
who are banned for two years, that's all forward-looking. I support
that fully. But this bill, as explained by the sponsor, also looks
retroactively and would mean that if you had volunteered as a board
26
NYS ASSEMBLY MAY 22, 2023
member and gave your knowledge and expertise - and my client's on a
voluntary basis - that would prohibit your company from ever
applying for the next two years until two years after you resign. And
unfortunately that is too broad and so I can't support it. But again,
thank you, Mr. Speaker, and thank you to my colleague. And I would
note, in a positive way, there has been an amendment on this bill
which addressed an issue we raised last year and solved it, and I hope
we can get an amendment to clarify this issue and solve that as well.
So thank you to the bill sponsor for his thoughtfulness.
Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: A Party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. The Republican
Conference is generally opposed, but we certainly understand and
appreciate the object of the sponsor. Some of my colleagues will be
voting yes here on the floor, and hopefully at some point we'll get all
these issues clarified. Thank you, sir.
ACTING SPEAKER AUBRY: Thank you.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. The Majority Conference is generally going to be in favor of
this piece of legislation. There may be a few that would desire to be
27
NYS ASSEMBLY MAY 22, 2023
an exception. They are welcome to do so at their desk. Thank you,
sir.
ACTING SPEAKER AUBRY: Thank you, ma'am.
The Clerk will record the vote.
(The Clerk recorded the vote.)
Mr. Jacobson to explain his vote.
MR. JACOBSON: Thank you, Mr. Speaker. As the
New York State Comptroller Thomas DiNapoli has said, an industrial
development agency's core mission is to economically benefit their
communities, not the officials running them. The IDA throughout the
State has tremendous power. They grant tax breaks, they are able to
control development. So it's so important that the public trusts what
they do. So this bill will very simply prohibit individuals that either
are on the board or work for the board from taking positions with an
entity that is applied or receiving benefits, and this restriction would
continue for two years after they leave service.
This is the same kind of restriction we have for State
employees, and the reason this is necessary is that a prohibition
without penalty is not a return. In the situation that I mentioned that
happened in Orange County, there was restitution, there was no jail
time, there was no penalty. So here there'll be a penalty of five times
the amount so that hopefully -- five times the amount received, so
hopefully it will serve as an adequate deterrent. I proudly vote in the
affirmative.
ACTING SPEAKER AUBRY: Mr. Jacobson in the
28
NYS ASSEMBLY MAY 22, 2023
affirmative.
Mr. Maher to explain his vote.
MR. MAHER: Thank you, Mr. Speaker. I do want
to explain my vote here today. The Orange County IDA, which is
specifically mentioned in justification, they did have an incident over
the last several years specifically in 2021 when it came out where you
had folks that were part of the board that really did some things that
were not appropriate. And for that reason and the aforementioned edit
that was made for those that are part of a union involved in local labor
that are on these boards, those exemptions I think are a great addition.
I do hope that we are able to make another amendment as Member
Goodell had mentioned, and if we are able to do that I think it'll be
great, but even without that amendment, I am going to vote in the
affirmative because there are folks that have taken advantage
unfortunately in these positions and we want to make sure that we're
leading by example to ensure those things do not happen again. And I
just want to say when it comes to the Orange County IDA and the new
leadership they have and the new board members they have, they have
done a very good job with the public's trust and recruiting businesses
that need tax incentives to come here. So I do just want to make sure
that folks know that this current board and administration in the IDA
in Orange County is doing a good job. Thank you, Mr. Speaker. I
will vote in the affirmative.
ACTING SPEAKER AUBRY: Mr. Maher in the
affirmative.
29
NYS ASSEMBLY MAY 22, 2023
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
ACTING SPEAKER AUBRY: Mrs. Peoples-Stokes
for the purpose of a introduction or two introductions.
MRS. PEOPLES-STOKES: Thank you, sir. Two
introductions to interrupt our proceedings. First I would like to
welcome our former colleague Michael DenDekker back to our
Chambers. Mr. DenDekker served with us here for a number of years.
He is now the Director of Special Projects for New York City
Emergency Management Department. I believe he's over there.
There he is.
(Applause)
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mrs. Peoples-Stokes, the Speaker and all the members, Michael
welcome back. Once a member, always a member. You will always
have privileges of the floor. Thank you for returning and sharing this
day with us. I think I know the event you're here for. Thank you so
very much.
(Applause)
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, on behalf
of our colleague Donna Lupardo, would you please welcome to our
Chambers Italian-American scholarship winner Caden DellaPenta
who is joined by his mother Elizabeth DellaPenta and his sister Devyn
30
NYS ASSEMBLY MAY 22, 2023
DellaPenta. Caden currently attends Vestal High School and will be
attending Lehigh University in the fall. If you would please welcome
this scholarship winner to our Chamber, sir.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mrs. Peoples-Stokes, the Speaker and all the members, we
welcome you here to the New York State Assembly. Congratulate
you on the award of the scholarship that you're receiving. Hope that it
is going to be beneficial, which I'm sure on part of the family it will be
very beneficial and that you will use it well and come back and visit
us often. Thank you so very much and congratulations.
(Applause)
Mr. Goodell for the purposes of a introduction.
MR. GOODELL: Thank you, Mr. Speaker. I'm very,
very pleased to introduce to the Chamber and all of our members on
behalf of Assemblyman Ra special guest Kailey Simons. She is the
recipient of the Senator John J. Marchi Memorial Scholarship Award
by the Italian-American State Legislators of which we have several
proud members. Kailey is a senior at Herricks High School. She is
Co-captain of the Varsity Swim Team and a US Swimming Scholastic
All-American. She is an AP Scholar, National Merit Commended
Scholar, and a member of the Tri-M Honor Society. Obviously a very
talented and athletic young woman. If you would welcome her to our
Chamber on the special day where she is being honored as the
recipient of the Senator John J. Marchi Memorial Scholarship. Thank
you, sir.
31
NYS ASSEMBLY MAY 22, 2023
ACTING SPEAKER AUBRY: Thank you. On
behalf of Mr. Goodell, Mr. Ra, the Speaker and all the members, we
welcome you here to the New York State Assembly. Young lady, we
are proud to have you with us and commend you on your
achievements that you've had so far, but I'm sure they're just minor
compared to the ones that you have future in your life and we hope
that you will do well and know that you always have friends here in
Albany. Thank you so very much.
(Applause)
And again Mr. Goodell.
MR. GOODELL: Thank you, sir. This is a great day
for us here in the Chamber recognizing a lot of very talented athletes,
and today we have with us the Finger Lakes Community College
Men's Volleyball Championship Team. They captured the NJCAA
National Invitational Men's Volleyball Championship. It's a great
team and this community college, the Finger Lakes Community
College has hosted now two championship teams, this one being the
latest. If you would welcome these distinguished members on behalf
of Assemblywoman Marge Byrnes and Assemblyman Jeff Gallahan, it
would be greatly appreciated. Thank you, sir. Oh, and if I may
mention their names, unless you would like to do it, sir.
ACTING SPEAKER AUBRY: Please.
MR. GOODELL: For just a moment I thought I was
going to have you struggle with all these names. We have with us
Jonah Grbic, AJ DeBalso, Bruce Ceravolo, Ian Meeks, Adrian Marin,
32
NYS ASSEMBLY MAY 22, 2023
Samuel Guardado, Daniel Seymour, Nehemiah Williams, Mitchell
Schiller, Alex Sindone, Nick Ferris, Garyson Gaud, Jarett Campbell
and their coaches Andrew Solomon, Kyle Salisbury, Meghan Johnson,
Olivia Sheehan and Samantha Boccacino. What a great team. I hope
I got most of their names pronounced right and if you'll extend our
privileges to them. Thank you so much, sir.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Goodell, Mr. Gallahan, Ms. Byrnes, the Speaker and all the
members, to both the team and your coaches and those who traveled
with you, congratulations. We're very proud of you. Know that that
victory that you had this year is just the beginning of victories in your
life. Please apply the same skills and talents to the life as you did to
the volleyball game that you played. Congratulations. You're always
welcome here. Thank you.
(Applause)
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, members
have on their desks an A-Calendar. I now move to advance that
A-Calendar.
ACTING SPEAKER AUBRY: On a motion by Mrs.
Peoples-Stokes the A-Calendar is advanced.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: And if you could now
call the Tourism Committee to the Speaker's Conference Room.
ACTING SPEAKER AUBRY: Tourism in the
33
NYS ASSEMBLY MAY 22, 2023
Speaker's Conference Room immediately, please.
On the A-Calendar, page 4, Rules Report No. 180,
the Clerk will read.
THE CLERK: Assembly No. A00061, Rules Report
No. 180, Sayegh, Seawright, Gallagher, Sillitti, Lemondes, Stirpe. An
act to amend the General Business Law, in relation to requiring
businesses which provide for someone to spoof a telephone number to
keep certain records.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the 90th
day.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Mr. Sayegh to explain his vote.
MR. SAYEGH: Thank you, Mr. Speaker. To
explain my vote.
ACTING SPEAKER AUBRY: It's very hard -- one
minute, Mr. Sayegh. We cannot hear the member explain his vote if
you all are talking. At your loudest voice, Mr. Sayegh, so that we can
hear you.
MR. SAYEGH: Thank you very much. Many of us
have been very much concerned over the recent disturbing trend of
individuals used in phone ads and other websites to make harassing
calls to elected officials and other private citizens in New York.
34
NYS ASSEMBLY MAY 22, 2023
When these fake numbers are brought to the local police, the
investigative departments cannot do much given there is only the fake
number to go on. This allows individuals to bypass the law by using
untraceable phone numbers to remain anonymous with little way of
being caught. This bill allows for transparency and allows those
companies that are providing these numbers to have backup
information so that they can be traced in the event that there's
harassment, there's criminal activity. This has been a major complaint
that people have been utilizing these untraceable numbers in many
ways to harass intentionally, intimidate, bully and cause harm to
individuals. So this is really clearly not only important but really
safeguards us and allows us an avenue to truly investigate and bring
people to justice when their conduct and action is unwarranted.
Thank you.
ACTING SPEAKER AUBRY: Mr. Sayegh in the
affirmative.
Mr. Novakhov to explain his vote.
MR. NOVAKHOV: Thank you, Mr. Speaker. I
would like to thank the sponsor of this bill because my organization
was harassed at the very same way that the sponsor just described so
I'm in the affirmative and thank you so very much for taking care of
this. Thank you.
ACTING SPEAKER AUBRY: Mr. Novakhov in the
affirmative.
Are there any other votes? Announce the results.
35
NYS ASSEMBLY MAY 22, 2023
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A00742, Calendar No.
1 -- Rules Report No. 181, Joyner, Kelles, Shimsky, Alvarez, Epstein,
Aubry, Reyes, Forrest, Taylor, Walker. An act to amend the Criminal
Procedure Law, in relation to youthful offender determinations.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A00783, Rules Report
No. 182, Hunter. An act to amend the Environmental Conservation
Law, in relation to an urban deer management pilot program; and
providing for the repeal of such provisions upon expiration thereof.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect January 1st.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A00837, Rules --
ACTING SPEAKER AUBRY: Mr. Goodell for an
introduction, I'm sorry.
MR. GOODELL: Thank you, Mr. Speaker. It is my
great honor to introduce some special guests that we have with us
today. On behalf of Assemblyman Ra, Assemblyman Brown and the
36
NYS ASSEMBLY MAY 22, 2023
members of the conference of Italian-American State Legislators, it is
our great privilege to have with us members of the Lieutenant
Declative -- Detective Joseph Petrosino Association in America. And
this association was formed over 100 years ago in honor of the first
Italian-American detective who was killed in the line of duty. And the
organization supports and encourages individuals to make a difference
in their community, particularly in the area of law enforcement, and
their hope is to inspire more young Italian-Americans to make that
commitment of service and dedication to their community. With us
today are Bob Fonti who is the President; Joseph Scelsa who is the
Honorary Chairman; Carol D'Auria, the Honorary Chairwoman, as
well as Anthony Bonomo, Ronnie Stern and John Schneidawin. If
you would introduce or welcome these distinguished guests to our
Chamber I would appreciate it. Thank you, sir.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Goodell, Mr. Ra, and it seems a plethora of Assembly people,
we welcome you here to the New York State Assembly. We extend to
you the privileges of the floor. Our congratulations on keeping this
storied organization alive and well in this State. We hope that you
continue to work at that mission, continue to ensure that young people
are taking a great interest in their communities. Thank you so very
much for being here.
(Applause)
Page 4, Rules Report No. 183, the Clerk will read.
THE CLERK: Assembly No. A00837, Rules Report
37
NYS ASSEMBLY MAY 22, 2023
No. 183, Dinowitz, Reyes. An act to amend the Public Health Law, in
relation to the publication of immunization information.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A01633, Rules Report
No. 184, Simon, Cruz, Reyes, Glick, Weprin, Burdick, Jacobson, Otis,
Cunningham, Seawright, Santabarbara, Mitaynes, González-Rojas,
Colton, Forrest. An act to amend the Public Health Law, in relation to
the closure of hospitals or emergency or maternity departments.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A01686-A, Rules
Report No. 185, Hunter, Simon, Burdick, Jean-Pierre. An act to
amend the Private Housing Finance Law, in relation to requiring the
division of housing and community renewal to provide an annual
report on the New York access to home programs.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the 180th
day.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A01753-A, Rules
Report No. 186, Dinowitz, Hyndman, Simon, Weprin. An act to
38
NYS ASSEMBLY MAY 22, 2023
amend the General Obligations Law and the State Technology Law, in
relation to electronic signatures and salvage title.
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.
Ms. Wallace for the purposes of a introduction.
MS. WALLACE: Thank you, Mr. Speaker. On
behalf of Assemblymember Santabarbara, I would like to introduce
some visitors to the Capitol today for Italian-American Day from the
great City of Amsterdam. We have with us Robert Spagnola,
Michelle Pollock and her husband Dan Pollock. Please welcome
them to the Chamber and extend all the cordialities of the House.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Wallace, Mr. Santabarbara, the Speaker and all the members,
we welcome you here to the New York State Assembly, extend to you
the privileges of the floor, extend also our best wishes on
Italian-American Day. We hope you enjoy the festivities that are
provided and that you will always know you're welcome here and you
have a great representative here in the New York State Assembly.
Thank you very much.
39
NYS ASSEMBLY MAY 22, 2023
(Applause)
Page 5, Rules Report No. 187, the Clerk will read.
THE CLERK: Assembly No. A01967, Rules Report
No. 187, Carroll, Dinowitz, Hyndman, Hevesi, Burdick, Kelles,
Simon, De Los Santos, Seawright. An act to amend the Real Property
Law, in relation to requiring disclosure of information concerning
flood insurance on property condition disclosure statements; and to
repeal Section 467 of the Real Property Law relating to liability with
respect to property disclosures.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A02137, Rules Report
No. 188, Peoples-Stokes. An act to amend the Public Authorities
Law, in relation to increasing the total amount of bonds the Buffalo
sewer authority may issue.
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. A02151, Calendar
No -- Rules Report No. 189, Peoples-Stokes, Meeks. An act to amend
the Executive Law, in relation to the Office of Special Investigation
40
NYS ASSEMBLY MAY 22, 2023
inspecting serious physical injuries that may have resulted in death.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A02235, Rules Report
No. 190, Hyndman. An act to amend the Education Law, in relation
to the transfer of certain funds from the licensed private career schools
tuition reimbursement account to the proprietary vocational school
supervision account.
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. A02258-B, Rules
Report No. 191, Simon, Glick, Taylor, Colton, Gibbs, McDonough,
Cook, Dickens. An act to amend the General Business Law, in
relation to the prohibiting the unauthorized installation of certain
security devices on residential buildings.
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.)
41
NYS ASSEMBLY MAY 22, 2023
ACTING SPEAKER LAVINE: Are there any other
votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A02400, Rules Report
No. 192, Paulin, Sayegh, Kelles. An act to amend the Public Health
Law, in relation to municipal limited health care service facilities.
ACTING SPEAKER LAVINE: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER LAVINE: 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. A02677-A, Rules
Report No. 193, Rozic, Barrett, Bronson, Fahy, Hunter, Joyner,
Lupardo, Magnarelli, Otis, Santabarbara, Seawright, Simon, Steck,
Stirpe, Zebrowski, Wallace, Dickens, Vanel, Pheffer Amato, Lavine,
Jean-Pierre, Kim, Bichotte Hermelyn, Davila, Colton, L. Rosenthal,
Williams, Carroll, D. Rosenthal, Epstein, Dinowitz, Paulin, Jones,
Weprin, Peoples-Stokes, McMahon, Brabenec, Palmesano, Ra, Walsh,
Jacobson. An act to amend the Transportation Law, in relation to a
state transportation plan.
42
NYS ASSEMBLY MAY 22, 2023
ACTING SPEAKER LAVINE: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER LAVINE: 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. A02825, Rules Report
No. 194, Pheffer Amato, Williams, Otis. An act to amend the
Environmental Conservation Law, in relation to the filling of borrow
pits in Jamaica Bay; in relation to directing the Department of
Environmental Conservation to conduct a study on ecological
restoration needs in Jamaica Bay; and providing for the repeal of
certain provisions upon expiration thereof.
ACTING SPEAKER LAVINE: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER LAVINE: 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.
43
NYS ASSEMBLY MAY 22, 2023
THE CLERK: Assembly No. A04100, Rules Report
No. 195, Sillitti. An act to amend Chapter 280 of the Laws of 2016
authorizing the Village of Plandome Manor to enter into a contract to
sell or pledge as collateral for a loan some or all of the delinquent
liens held by such village to a private party or engage a private party
to collect some or all of delinquent tax liens held by it, in relation to
the effectiveness there of.
ACTING SPEAKER LAVINE: Home Rule message
is at the desk. The Clerk will record -- read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER LAVINE: 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. A04601-A, Rules
Report No. 196, Glick, Kelles, L. Rosenthal, Simone, Steck, Reyes.
An act to amend the Environmental Conservation Law, in relation to
the protection of certain streams.
ACTING SPEAKER LAVINE: On a motion by Ms.
Glick, the Senate bill is before the House. The Senate bill is
advanced. And the bill is laid aside.
THE CLERK: Assembly No. A04915-A, Rules
Report No. 197, Palmesano. An act to amend Chapter 366 of the
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NYS ASSEMBLY MAY 22, 2023
Laws of 2005, amending the Tax Law relating to authorizing the
County of Yates to impose a county recording tax on obligations
secured by a mortgage on real property, in relation to extending the
provisions of such Chapter.
ACTING SPEAKER LAVINE: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER LAVINE: 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. A05008-A, Rules
Report No. 198, Gallahan, Palmesano. An act to amend the Tax Law,
in relation to extending the expiration of the authorization for the
county of Seneca to impose an additional one percent sales and
compensating use tax.
ACTING SPEAKER LAVINE: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER LAVINE: The Clerk will
record the vote.
(The Clerk recorded the vote.)
ACTING SPEAKER AUBRY: Are there any other
45
NYS ASSEMBLY MAY 22, 2023
votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05279-A, Rules
Report No. 199, Tague. An act to amend the Tax Law, in relation to
extending the authorization for imposition of additional sales tax in
the county of Schoharie.
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. A05298, Rules Report
No. 200, Lavine. An act authorizing the World Restoration Center,
Incorporated to receive retroactive real property tax exempt status.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk -- no, I'm sorry. A motion by -- on a motion by Mr.
Lavine, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
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NYS ASSEMBLY MAY 22, 2023
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06140-A, Rules
Report No. 201, Cook, De Los Santos. An act to amend the New
York State Urban Development Corporation Act, in relation to
requiring the small business revolving loan fund to target and market
to veteran-owned enterprises and service-disabled veteran-owned
enterprises.
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. A06435, Rules Report
No. 202, Lupardo, Gunther. An act to amend the Agriculture and
Markets Law, in relation to allowing certain commercial feed to
include hemp seed.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
47
NYS ASSEMBLY MAY 22, 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. A06565, Rules Report
No. 203, Thiele. An act to amend Chapter 643 of the Laws of 2019
amending the Local Finance Law, relating to establishing an
electronic open auction bond sale pilot program, in relation to the
effectiveness thereof.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07171, Rules Report
No. 204, Gibbs. An act to amend Chapter 384 of the Laws of 1998
amending the Public Authorities Law relating to the powers of
Terence Cardinal Cooke Health Care Center, in relation to extending
the effectiveness thereof.
ACTING SPEAKER AUBRY: Read the last section.
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NYS ASSEMBLY MAY 22, 2023
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.
And Mr. Goodell for the purposes of a introduction.
MR. GOODELL: Thank you very much, Mr.
Speaker. On behalf of Assemblyman Ra and the entire
Italian-American Conference, it is my great pleasure and honor to
introduce Lidia Bastianich. She is a world famous Italian-American
chef, TV host, author and restauranteur. Definitely the person you
want to have dinner with if she's cooking. Ms. Bastianich is this year's
honoree for the Italian-American Day at the Capitol. If you would
welcome this famous guest on behalf of all of our colleagues in the
Italian-American Conference I would appreciate it. Thank you, sir.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Goodell, Mr. Ra, the entire American legislators of the New
York State Assembly, 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 coming and sharing this day
with us. It's a very special day in Albany and we hope you are going
to enjoy the festivities as they conclude this evening. Thank you so
very much. We're so pleased to have you.
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NYS ASSEMBLY MAY 22, 2023
(Applause)
Mrs. Peoples-Stokes for the purposes of a
announcement.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. If we could now turn our attention back to our original
Calendar on page 3 so that we might take up our resolutions.
ACTING SPEAKER AUBRY: Page 3, resolutions,
Assembly No. 512, the Clerk will read.
THE CLERK: Assembly No. 512, Ms. Buttenschon.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim September 2023, as Brain Aneurysm
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. 513, Mr. Epstein.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 2023, as Lower East Side History
Month in the State of New York.
ACTING SPEAKER AUBRY: Mr. Epstein on the
resolution.
MR. EPSTEIN: Thank you, Mr. Speaker. I rise to
support this resolution. The Lower East Side in New York has had a
long history of welcoming immigrants from all over the world. They
come to the Lower East Side. Its rich history has really taken in May
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NYS ASSEMBLY MAY 22, 2023
when we have Lower East Side History Month. I want to applaud the
Governor to talk to about this Lower East Side Month in the State of
New York and I encourage folks to come to the Lower East Side,
learn about our rich tradition and our commitment to the community,
thank you.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 514, Mr. Brabenec.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 21-27, 2023, as Emergency Medical
Services Week in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly No. 515, Ms. Lee.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 2023, as Asian Pacific American
Heritage Month in the State of New York.
ACTING SPEAKER AUBRY: Miss Lee on the
resolution.
MS. LEE: Thank you, Mr. Speaker. As the first
Korean-American woman in the Assembly, the representative of a
plurality Asian district and the co-chair of the Assembly's AAPI Task
Force, I am proud to introduce this resolution to recognize May as
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NYS ASSEMBLY MAY 22, 2023
AAPI Heritage Month in New York. This is an important opportunity
to bring recognition to a community that has a long history of
underrepresentation. Although it might seem like a gesture, this
resolution is important because it shows people that in New York
AAPI voices matter and AAPI stories matter. This means so much for
our community that has suffered from stereotypes portraying them as
foreigners and outsiders, stereotypes that help fuel the hate and the
rise in the anti-Asian hate suffered by the AAPI communities since the
pandemic. This resolution sends a message to the AAPI community
that their story is a part of the American story and we belong here.
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. 516, Mr. Maher.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 2023, as Stop the Bleed Month in the
State of New York.
ACTING SPEAKER AUBRY: Mr. Maher on the
resolution.
MR. MAHER: Thank you, Mr. Speaker. This is
something that's very important to so many of us and for just a few of
the statistics. National Stop the Bleed Campaign is a call to action for
those that can die from blood loss within five minutes. Trauma is the
leading cause of death for Americans under the age of 48. The top
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NYS ASSEMBLY MAY 22, 2023
cause of preventable death in trauma is bleeding. Twenty percent of
people who have died from traumatic injuries could have survived
with quick bleeding control. Thirty-five percent of pre-hospital deaths
are due to blood loss. And I have with us actually Maeve Robinson
who is a junior at Edmeston Central School District, and a couple
areas she's going to go back to her school today to promote Stop the
Bleed is going through word of mouth, social media. And she's
actually going to be doing some issues for her school so that the TVs
in each of the schools will be able to show some information and help
educate more folks on this important issue. 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. 517, Ms. Lunsford,.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim September 2023, as Early Intervention
Awareness Month in the State of New York.
ACTING SPEAKER AUBRY: Ms. Lunsford on the
resolution.
MS. LUNSFORD: Thank you very much, Mr.
Speaker, for letting me speak on this important resolution. Early
intervention services provide critical care to children who have
developmental and cognitive delays. This sort of service can give kids
gains over the course of their entire lives. Nearly 75 percent of
children who receive early intervention services make greater gains
53
NYS ASSEMBLY MAY 22, 2023
than they are otherwise expected to, but unfortunately there's been a
27 percent decline in children getting timely access to these services
since 2017. Right now in Monroe County there's 1,100 children on
the wait list. We need to make sure that we're providing this
important and critical service that's not only morally the right thing to
do but is statutorily required. Our early intervention providers are
working day and night to do more with less. And today I hope very
much that we can give some appreciation to this incredible work that's
performed by speech pathologists, occupational therapists and
physical therapists to our kids in need. So thank you very much for
giving me this opportunity and I see the floor.
ACTING SPEAKER AUBRY: Thank you very
much.
On the resolution, all those in favor signify by saying
aye; opposed, no. The resolution is adopted.
THE CLERK: Assembly No. 518, Ms. Sillitti.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 22, 2023, as Italian-American Day in
the State of New York.
ACTING SPEAKER AUBRY: Ms. Silitti on the
resolution.
MS. SILITTI: All right. Thank you, Mr. Speaker. It
is my honor to be this year's sponsor of Italian-American Day in the
State of New York. On this day we celebrate Festa della Repubblica
Italiana, which is it celebrates the birth of the Italian Republic in the
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NYS ASSEMBLY MAY 22, 2023
aftermath of World War II in which the Italian people voted in
referendum to form a republic. And as Italians, I mean you saw the --
the Well today, there's a lot happening and we have a celebration this
evening. But, you know, as Italians we're so much more than our
food, which is, you know, of course delicious, our famous designers,
our renaissance painters and scientists, da Vinci, Michaelangelo,
Botticelli, Raphael, Galileo, (inaudible). For Italians in America,
we're also part of the immigrants story of America and each one of our
stories is unique. My story began two generations ago when my
grandparents came to this country from Sorrento and Sicily, they
sought a better life for them -- themselves, but, you know, they faced
the same discrimination that every generation, new generation of
immigrants has faced. And just like the immigrants of today, this
country brought them hope, and that hope pushed them to work hard,
persevere and live their American Dream. In time, the Sillittis,
Scotellaros, the Politis, they thrived. Their children, my parents
Salvatore and Rosalie both raised in Brooklyn, where I feel like every
Italian goes would eventually meet on Long Island, another place
where Italians go, and they fell in love. Two generations since my
grandparents arrived here from Italy, their granddaughter now sits in
the New York State Assembly, which is pretty cool. It's the American
Dream that they sacrificed for, it's a dream I hope I can make them
proud of. So, Mr. Speaker, on behalf of myself, and the rest of the
New York Conference of Italian-American Legislators, I am proud to
offer this resolution proclaiming May 22, 2023, as Italian-American
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NYS ASSEMBLY MAY 22, 2023
Day in the State of New York.
ACTING SPEAKER AUBRY: Thank you very
much.
Mr. Ra on the resolution.
MR. RA: Thank you, Mr. Speaker. And thank you
to my colleague and friend for putting this resolution forward. It's
been a great day already here. We got to have our activities in the
Well in the LOB for the first time in four years, recognized four really
impressive young people with our scholarships which is at the heart of
what we -- we do in promoting that next generation. Obviously we
just had the celebrity chef Lidia in the Chamber so it's been a great
day but it's not over yet. Anybody who hasn't yet -- it's not too late to
join us at Festa tonight at 6:30 over at the Italian-American Center in
Troy. Mr. Palmesano is eagerly awaiting his chance to defend his
bocce championship. So I know there are plenty of people coming to
try to take that trophy from him, but it's just been a great day of
celebrating the heritage that so many of us share and the contributions
of Italian-Americans that have made to this State and this nation in so
many different places. So I'm happy to vote in the affirmative and
cosponsor this resolution and I hope everybody can join us this
evening over in Troy. Thanks.
ACTING SPEAKER AUBRY: Thank you, Mr. Ra.
On the resolutions, all those in favor signify by saying
aye; nay. The resolutions are adopted.
THE CLERK: Assembly No. 519, Mr. J.M. Giglio.
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NYS ASSEMBLY MAY 22, 2023
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 2023 as Spondyloarthritis 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.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, could you
call on Mr. Jacobson for the purpose of an announcement?
ACTING SPEAKER AUBRY: We do have a bit of
housekeeping.
Mr. Jacobson.
MR. JACOBSON: Well, as you can tell by the
ground swell of support when I rise to speak at the end of the Session
because people are so happy that we will be having -- the Majority
will be having conference at the end of Session in Hearing Room B.
ACTING SPEAKER AUBRY: Majority Conference
immediately following Session.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. I now move that the Assembly stand -- do you have any
further housekeeping?
ACTING SPEAKER AUBRY: We do have a bit of
housekeeping, trying to get it in.
On behalf of Ms. Kelles, Bill No. A2873-A,
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NYS ASSEMBLY MAY 22, 2023
Assembly Bill recalled from the Senate. The Clerk will read the title
of the bill.
THE CLERK: An act to amend the Public Officers
Law.
ACTING SPEAKER AUBRY: Motion to reconsider
the vote by which the bill passed the House. The clerk will record the
vote.
(The Clerk recorded the vote.)
The Clerk will announce the results.
(The Clerk announced the results.)
The bill is before the House and the amendments are
received and adopted. We do have a few other fine resolutions. We
will take them up with one vote, Mrs. Peoples-Stokes.
On the resolutions, all those in favor signify by saying
aye; opposed, no. The resolutions are adopted.
(Whereupon, Assembly Resolution Nos. 521-523
were unanimously approved.)
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: I now move that the
Assembly stand adjourned and that we reconvene at 1:00 p.m., May
the 23rd, tomorrow being a Session day.
ACTING SPEAKER AUBRY: The Assembly stands
adjourned.
(Whereupon, at 4:25 p.m., the Assembly stood
adjourned until Tuesday, May 23rd at 1:00 p.m., Tuesday being a
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NYS ASSEMBLY MAY 22, 2023
Session day.)
59