WEDNESDAY, MAY 22, 2024 2:00 P.M.
ACTING SPEAKER AUBRY: The House will come
to order.
The Reverend Elia will offer a prayer.
REVEREND ELIA: Let us pray. Holy One, You are
above all and in all, and through all, and we give You thanks for this
day, this moment, and the very air we breathe. Thank You. Receive
our gratitude. Pour out a generous measure of Your spirit and love
and wisdom upon this Assembly. Strengthen legislators, staff and all
who are gathered for the work at hand. Fill them with hope and
shared purpose for the well-being of our communities and our State.
Bless their dear ones and all who are in need of healing mercy or
encouragement on this day. On this day, we are particularly grateful
for the disabilities awareness movement. Thank You for every day
1
NYS ASSEMBLY MAY 22, 2024
heros like Micah Fialka-Feldman, a neurodivergent man who
successfully fought for the right to live on campus and is now
employed by Syracuse University. Thank You for Denise Figueroa of
the Independent Living Center of the Hudson Valley, a person who is
post-Polio and advocates for access that makes a difference. Thank
You for countless advocates, teachers, architects, and sign language
interpreters, all of whom build stronger communities. Holy One, we
pray for peace and well-being everywhere. Give us the wisdom and
desire to do justice, love kindness, and walk humbly with You. In
Your Holy Name we pray, Amen.
MEMBERS: Amen.
ACTING SPEAKER AUBRY: 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.)
(Applause)
A quorum being present, the Clerk will read the
Journal of Tuesday, May the 21st.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, I move to
dispense with the further reading of the Journal of Tuesday, May the
21st, and that the same stand approved.
ACTING SPEAKER AUBRY: Without objection, so
ordered.
Mrs. Peoples-Stokes.
2
NYS ASSEMBLY MAY 22, 2024
MRS. PEOPLES-STOKES: Thank you, sir. To our
multiple guests that are in the Chambers, and certainly to our
members, I have a quote I'd like to share with you today. This one
comes from John Fitzgerald Kennedy, often referred to as JFK. He
was an American politician and served as our President at some point,
Mr. Speaker. His words for us today, Change is the law of life, and
those who look only to the past, or the present, are certain to miss the
future. Again, these words from former President John Fitzgerald
Kennedy.
Mr. Speaker, colleagues have on their desks a main
Calendar and a debate list. We're going to begin our work today by
calling for the Rules Committee to meet; this Committee is going to
produce an A-Calendar. Then, we will also be calling for the
following Committees to meet as well: Ways and Means, Consumers,
and Higher Education. Our principal work for today will be taking up
six bills on our Legislative Disability Awareness Package. These bills
include Calendar No. 37 by Mr. Epstein; Calendar No. 163 by Mr.
Epstein; Calendar No. 188 Ms. Kelles; 1 -- Calendar No. 65 by Ms.
Buttenschon -- I'm sorry, that's not a Calendar, that's a Rules Report,
Mr. Speaker, Rules Report No. 65 from Ms. Buttenschon; Rules
Report No. 71 from Mr. Burdick; and Rules Report No. 80 by Ms.
Seawright. After we conclude this package, we're going to work off
the debate list by taking up the following bills in this order: Calendar
No. 309 by Mr. Lavine; Calendar No. 403 by Mr. Hevesi; and
Calendar No. 2 -- 424 by Ms. Paulin. There may be a need to
3
NYS ASSEMBLY MAY 22, 2024
announce further floor activity, Mr. Speaker, if so I will mention it at
that time. However, Majority colleagues should be aware that there is
definitely going to be a need for a conference immediately following
our work on the floor. And as always, we'll check with our colleagues
over here to see if they have any needs like that.
This a general outline of where we're going, Mr.
Speaker. If you could begin with housekeeping.
ACTING SPEAKER AUBRY: Yes, we do have
some housekeeping, Mrs. Peoples-Stokes.
On a motion by Ms. Rosenthal, page 8, Calendar No.
3, Bill No. A00048-C, amendments are received and adopted.
On a motion Mr. Rivera, page 19, Calendar No. 135,
Bill No. A04820-A, amendments are received and adopted.
On a motion Ms. Tapia, page 27, Calendar No. 336,
Bill No. A08999-B, the amendments are received and adopted.
And Mr. People-Stokes for a Committee
announcement.
MRS. PEOPLES-STOKES: Mr. Speaker, if you
would now call the Rules Committee to the Speaker's Conference
Room.
ACTING SPEAKER AUBRY: Rules Committee,
Speaker's Conference Room immediately.
For the purposes of a introduction, Ms. Buttenschon.
MS. BUTTENSCHON: Thank you, Mr. Speaker. I
enthusiastically introduce my two grandsons, William and Alexander,
4
NYS ASSEMBLY MAY 22, 2024
and my daughter, Lindsey. I rise today also as later in our
proceedings, we will be providing a resolution to recognize
Eosinophilic Esophagitis Week, which is a disease that is type of a
white blood cell disease that it has a buildup in the lining of the
esophagus. My grandson, Alex, is faced with this challenge every
day, and clearly is, within this Assembly, this resolution reminds us of
the importance of the research, and dedication and commitment to so
many in the medical field that assist children, as my son -- grandson,
Alexander. It affects individuals of all ages. It is something that we
have seen for about a decade, and clearly we're not certain of the
cause. So I am honored to carry the resolution later today, and I wish
that my colleagues will support it with me, as well as welcome my
family to the Assembly today. Thank you.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Buttenschon, the Speaker and all the members, Will, Alex,
your mother, your grandmother, we welcome you here to the New
York State Assembly. We extend to you the privileges of the floor.
You are family, you always have these privileges. Thank you so much
for being with us, and it's been great to have you visit, and you did a
good job up here. Thank you so very much.
(Applause)
ACTING SPEAKER EACHUS: Mr. Zebrowski for
the purposes of an introduction.
MR. ZEBROWSKI: Thank you, Mr. Speaker. I also
have a family member in the Chambers today. I'd like to introduce my
5
NYS ASSEMBLY MAY 22, 2024
sister, Kathryn Zebrowski. Kathryn was the youngest of the six kids
that were in my family, or that are in my family, and although she was
the youngest, she never struggled to be heard. And you know, now,
grown up, she has been a schoolteacher for a number of years,
11 years, actually, she has been an elementary schoolteacher, four in
the Bronx and for the last seven years she has been in our home
district where we both went in Clarkstown, she teaches at the Wood
Glen Elementary School first grade, but she's moving back to
kindergarten next year. She came up to see the proceedings here
today, Mr. Speaker, and I would appreciate if you would welcome her
to the Chambers. Thank you.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mr. Zebrowski, the Speaker and all the members, we
welcome you, Kathryn, here to the Chamber and extend the privileges
of the floor. Thank you for what you do every day. Being a former
teacher myself, I know what you go through, combat pay is deserved,
I'm sure, and hope that you enjoy the proceedings here. You come
from a great family lineage, thank you very much. Thank you for
being here.
(Applause)
Ms. -- Ms. Seawright for the purposes of an
introduction.
MS. SEAWRIGHT: Thank you, Mr. Speaker. I rise
to introduce the New York Alliance for Developmental Disabilities
Family Stakeholder Members Katie Faivre, NYADD Regional Lead
6
NYS ASSEMBLY MAY 22, 2024
from the Hudson Valley; Mary McGuire-Weafer, OPWDD Family
Support Services Statewide representative and co-Chair of the
Manhattan Developmental Disabilities Council Executive Committee;
Lucille Rossi, representing the Westchester Institute of Development;
Dr. Young Seh Bae, Executive Director of Special Education; Steve
Gonyea, Simcha Weinstein, Shannon LaVine, Lucille Rossi and Susan
Hucko, who are all in town today for Legislative Disability Awareness
Day. We also have Coach Ryan Martin, who is the Director of the
Inclusive Adaptive Sports for the City University of New York
CUNY. His portfolio includes a men's and women's wheelchair
basketball team, as well as an emerging wheelchair tennis and track
program. Ryan was recognized as the 2022 College Coach of the
Year by the United States Olympic and Paralympic Committee. The
CUNY Adaptive Sports program is the only intercollegiate adaptive
sports program on the East Coast. Coach Ryan is the Executive
Director of the International NPO, the Ryan Martin Foundation, and
its mission to help youth and adult athletes with disabilities live
independent, impassioned, productive and full lives through sports
training, mentoring, and education. If you will please welcome them
to the Chamber today. Thank you.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Ms. Seawright, the Speaker and all the members, we
welcome you to the Chamber. This is a very special welcome for me,
as I do have a daughter with developmental disabilities and I was a
paralympic coach myself, at one time, so I know what you do on a
7
NYS ASSEMBLY MAY 22, 2024
daily basis, and I thank you so much. And I hope -- I hope you enjoy
the proceedings as you see them today, and thank you for joining us
today on the floor.
(Applause)
Mr. Gandolfo for the purposes of an introduction.
MR. GANDOLFO: Thank you, Mr. Speaker. In
Albany with us today, we have Roger Sampson, the Executive
Director of New York 811. New York 811 is a non-profit that serves
as the communications link between utility companies and individuals
who plan to dig on their property in the five boroughs and Nassau,
Suffolk Counties on Long Island. As we enter the prime digging
season, Roger's here to raise awareness that when you dig, you can
damage a lot of our very vital underground infrastructure, our gas
lines, electric, water, what have you. So Roger's here to raise
awareness, remind everyone to call 8-1-1 before you dig, and we
thank Roger and New York 811 for the vital work they do protecting
New Yorkers. So would you please welcome Roger to our Chamber
and send him all the cordialities of the House today.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mr. Gandolfo, the Speaker and all the members, we
welcome you, Roger, here to the Chamber and extend the privileges of
the floor. Thank you for keeping so many people safe, and it's
important that we do get that information out. I hope you enjoy the
proceedings, and I thank you very much for being here with us today.
(Applause)
8
NYS ASSEMBLY MAY 22, 2024
Mr. Zaccaro for the purposes of an introduction.
MR. ZACCARO: Thank you so much, Mr. Speaker.
It is always an honor to introduce individuals from my Assembly
district who are making incredible contributions to our community in
the Bronx. And today, I would like to acknowledge and extend the
cordialities of the House to the remarkable team from Alba Life
School who are present with us here in Albany today. The founders of
Albanian TV and School, Alba Life, are Mr. Qemal Zylo and his wife,
Kozeta Zylo. When they migrated to New York from Albania, They
recognized the importance of creating outlets for the
Albanian-American community to stay connected with their heritage.
Thousands of Albanian-American children in the diaspora were at risk
of losing their language and culture; however, thanks to the dedication
of the founders, the teachers, and everyone involved, this trend has
significantly reversed. Alba Life, founded 17 years ago, has expanded
its Albanian language learning program across all neighborhoods of
New York. Their program focuses not only on teaching the Albanian
language, but also on the history, culture, dance and song from various
regions of Albania and Kosovo. As a proud representative of the
largest Albanian community in the Bronx, I am grateful to have such
dedicated individuals working to enrich our young people. It is often
said that it takes a village to raise a child, and I would like to
recognize some key members of the Alba Life community and thank
them for their hard work today: Qemal, Valbona, Kozeta, Klodiana,
Entela, Rozeta, Fatlinda, Erinda, Albana, Mehrije and Valon.
9
NYS ASSEMBLY MAY 22, 2024
Mr. Speaker, today if you could so graciously
welcome them today and extend to them the cordialities of the House,
we'd be most grateful for you to do that. Thank you so much.
ACTING SPEAKER EACHUS: Absolutely. On
behalf of Mr. Zaccaro, the Speaker and all the members, we welcome
you to the Chamber. We hope that you enjoy your visit here. Thank
you so much for what you do for the Albanian community, and that's
for all of New York. Thank you so much.
(Applause)
Mr. Gallahan for the purposes of an introduction.
MR. GALLAHAN: Thank you, Mr. Speaker. It's my
pleasure today to introduce the students and faculty from the Wayne
Finger Lakes P-TECH Program. But I'm certain that many of you
here in the room today don't recognize or know about this program.
It's a very important program in our schools. P-TECH was established
to provide a holistic approach to education and workforce
development. The City University of New York designed and
launched along with IBM the first P-TECH school in Brooklyn, New
York, in September of 2011. The first class graduated in June of
2015. P-TECH is a public education model, focused on college
attainment and career readiness. P-TECH schools span grades 9-14
and enable students to earn both high school diploma and a no-cost
two-year post-secondary degree in a STEM field, which is science,
technology, engineering and math. Upon graduation, students have
the academic and professional skills that require either to continue
10
NYS ASSEMBLY MAY 22, 2024
their education in a four year post-secondary institution, or enter into a
entry level career in IT, advanced manufacturing, mechanical
engineering and other STEM field related careers. Their mission
statement -- the program mission statement reads: To transform
college and career readiness by entering new pathways between
education and in-demand high-tech careers by supporting of culture
and learning an environment with tools and resources necessary to
acquire and create knowledge, collaborate, and use creativity to
innovate. Our schools connect students with careers throughout
partnerships with higher education, with community, the region and
the entire world. P-TECH's Wayne Finger Lakes vision is to provide a
rigorous and relevant education focused on completing the
requirements for high school Regents diploma on time, and FLCC,
Finger Lakes Community College, AAS degree while preparing for a
career in readiness. Focus early on a chosen college pathway that
leads to successful on-time completion of a high school, plus earn an
AAS degree from Finger Lakes Community College, a multi-year
focus commitment. Students meet the requirements for a Regents
diploma during years one through four, they begin courses -- college
courses in 9th grade. During years one through four in dual
enrollment and then complete the remainder of their five and six years
at FLCC.
In my recent visit to P-TECH Wayne Finger Lakes
School, I was thoroughly impressed with the collaboration, the
exciting attitudes, and eagerness to learn from the students. The
11
NYS ASSEMBLY MAY 22, 2024
administration, teachers, and staff were all unbelievably connected to
each and every student in the school, and well-equipped classroom
tools were very impressive. Mr. Speaker, visiting here in Albany
today are students Mollie Asquino, Cameron Baker, Devon Claeys,
Olivia Colvin, Jaylyn Gramz, and James Trembley. Also, District
Superintendent Lynne Rutnik; Director of Communications, Shannon
Marshall; P-TECH Principal Kathi McGuigan and P-TECH English
teacher Daisy - and I know I'm not going to get this right - Fantauzzi.
Mr. Speaker, would you please welcome the P-TECH
family to the Assembly Chamber and afford them all the
congenialities of the People's House.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mr. Gallahan, the Speaker and all the members of the
Assembly, we welcome you, this P-TECH group, to the floor. I am
very familiar with P-TECH. I also taught at a high school that had a
P-TECH program. You folks are clearly brilliant, amazing, and I'm
sure you're going to do great things in the future. Thank you for
joining us, and I hope you enjoy the proceedings here today.
(Applause)
Mrs. Peoples-Stokes for the purposes of an
introduction.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker, for the opportunity to introduce some guests from the great
City of Buffalo. These are my brothers and sister from the
Bangladesh community in Buffalo. They are representing both the
12
NYS ASSEMBLY MAY 22, 2024
Buffalo Trades Center, which was formally a vacant building for years
and is now a trade center where people can come and trade their
wares. And they also have a number of supermarkets in the
community, and they also represent the Bangladesh Community
Society of Buffalo. So we have Boron Ali (phonetic), Fazur Raman
(phonetic), Mohammed Asman (phonetic), Mohammed Balu
(phonetic), Habir Raman (phonetic), Kahleel Ali (phonetic), Answar
Hussein (phonetic), Maneek Mosai (phonetic), Sharik Musar
(phonetic), Jamen Udon (phonetic), Shamel McMahon (phonetic),
Solan Raman (phonetic), Shalel Holander (phonetic), Hassan Saman
(phonetic), and Raman Hussein (phonetic). These are all really great
brothers. I call them that because they are, there's only one race that
was created and these are my brothers who originated from the
Bangladesh community, are now residents of the great City of Buffalo
and we are very pleased to have them. They've added an enormous
value to our community, used to be called a food desert in the 141st.
It can't be called that any longer, because seven young men from this
particular community have opened a supermarket. So what they're
adding is not just value to their own culture, but they're adding value
to the culture of the entire 141st committee -- community. And I'm so
pleased to have them here, and would you please offer them the
cordialities of the House, Mr. Speaker.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mrs. Peoples-Stokes, the Speaker and all the members, we
welcome you here to the Chamber. Thank you so much for what you
13
NYS ASSEMBLY MAY 22, 2024
do. Food deserts are a disaster for New York and I am so pleased that
you are occupying an area and supplying an area with the basic needs.
We extend the privileges of the floor to you and hope that you enjoy
the proceedings that you see today. You have a great representative in
Mrs. Peoples-Stokes, and thank you for joining us today.
(Applause)
Mr. Stern for the purposes of an introduction.
MR. STERN: Thank you, Mr. Speaker. It is really a
pleasure to welcome the Walt Whitman High School Gir's Varsity
Basketball Team. They come to the New York State Assembly today,
Mr. Speaker, as the Long Island Champions of the Girls Basketball.
(Applause)
It is the first title for that program in the school's
history. They're here today in Albany with their coaches Tina
Abadalo (phonetic) Mike Moccia, Ralph Milazzo, Dan Trebour and
their Athletic Director Dave Barth. These outstanding young women
are some of the very best of our community. They bring great pride to
their families, to their school district, to our entire community, Mr.
Speaker. They are champions on the basketball court, but they are
also champions in the classroom, and they serve as an example for so
many of our young people to follow. We wish them every continued
success, and with that, Mr. Speaker, would you kindly offer the Lady
Wildcats, the Long Island Champions, to the New York State
Assembly and provide them with all the cordialities of the House and
the privileges of the floor.
14
NYS ASSEMBLY MAY 22, 2024
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mr. Stern, the Speaker and all the members, we welcome the
Wildcats here to the Assembly floor. We hope that you continue this
great success that you've had. I truly understand what you've done.
It's an amazing accomplishment, congratulations. I hope you enjoy
the proceedings that you see here today. Thank you for joining us.
(Applause)
Ms. Rosenthal for the purposes of an introduction.
MS. ROSENTHAL: Thank you, Mr. Speaker. I rise
today to introduce one of my great constituents, Susan Coleman from
the Upper West Side. She lives a few blocks from me. Susan is the
outgoing president of the New York City Bar Association having been
first elected in May of 2022. She is in Albany today with Elizabeth
Kocienda, the New York City Bar Association's Director of
Advocacy. There are too many projects and programs to call out from
Susan's term, but suffice it to say that through her leadership and
efforts, the City Bar has spurred improvements to the practice of law
and the administration of justice, launched initiatives to address the
emergence of artificial intelligence, shown the spotlight of
underrepresented groups and individuals in the law profession,
reduced the stigma surrounding substance use and mental health
issues in the profession, fought for funding for legal services, worked
to keep New York the best place for commercial law, improved
conditions in homeless shelters, embraced the challenge of how to talk
about the most contentious topics of the day, defended judges from
15
NYS ASSEMBLY MAY 22, 2024
attacks at home and abroad, defended the rule of law in our
democracy, launched an effort to increase civic knowledge and
engagement, and so much more.
Mr. Speaker, please welcome Susan Coleman and
Elizabeth Kocienda to the Chamber, and please give them all the
cordialities of the House.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Ms. Rosenthal, the Speaker and all the members, we
welcome you, Susan, to the Chamber. And I know I do not want to
get in an oral argument with you, that's for sure, and extend the
privileges of the floor and hope you enjoy the proceedings. Keep
doing the great work that you have been doing. Thank you for joining
us today.
(Applause)
Mr. Norris for the purposes of an introduction.
MR. NORRIS: Thank you, Mr. Speaker. Is it my
distinct pleasure and honor today to have my parents here, Rob and
Mary Norris, from Lockport, New York. My father retired from New
York State Electric & Gas, 41 years; my mother, retired from
Lockport Memorial Hospital, a nurse in the maternity ward for over
30 years. They have four children altogether. I'm happy to be the
oldest; also, six grandchildren and three great-grandchildren and look
how young they look, it's amazing that they have three
great-grandchildren. But I have to tell you just how proud I am to
have them as my parents. They have been there all along the way
16
NYS ASSEMBLY MAY 22, 2024
through many journeys of my life, and I just want to say to all of you,
it is my distinct pleasure to introduce them to you. The last time they
were here was for my swearing in. I said mom and dad, you got to
come back and see the operation, and I'm just happy that they're here
today. Thank you, Mr. Speaker.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mr. Norris, the Speaker and all the members, we welcome
you to this House and the People's floor here. You must be very proud
of your son and the rest of your children. Congratulations. We hope
you enjoy the proceedings that you do finally get to see here today,
and we welcome you. Thank you for joining us.
(Applause)
Mrs. Peoples-Stokes for an announcement.
MRS. PEOPLES-STOKES: Mr. Speaker, would you
please call the Ways and Means Committee to the Speaker's
Conference Room immediately.
ACTING SPEAKER EACHUS: Ways and Means
Committee to the Speaker's Conference Room immediately.
MRS. PEOPLES-STOKES: Thank you, sir.
ACTING SPEAKER EACHUS: Mr. Pirozzolo for an
introduction.
MR. PIROZZOLO: Good afternoon, Mr. Speaker.
How are you today?
ACTING SPEAKER EACHUS: Fine, thank you.
MR. PIROZZOLO: Mr. Speaker, if I may on behalf
17
NYS ASSEMBLY MAY 22, 2024
of myself and Assemblymember Williams, I would like to introduce
you to a very wonderful group of loving families. With me we have
Camille and Stefano Filippazzo, their daughter, Rose, and son,
Anthony. Anthony is a remarkable 12-year-old boy living with
Williams Syndrome. We are also joined by another remarkable
individual, Gianna Morello, a 26-year-old woman living with
Williams Syndrome, and her mother, Gloria. Williams Syndrome is a
rare, complex, multi-system disorder caused by micro deletion along
chromosome 7. Every organ system can and is often affected, with
the greatest effect on cardiovascular and pulmonary health. There is
no cure for Williams Syndrome, nor is there a medication to lessen or
slow down its often life-threatening effects. Ten years ago, Camile
and her family embarked on a journey for change to raise awareness
and initiate medical research for Williams Syndrome. Over the past
ten years they have raised over $1 million for medical research and
advancement, and today, there is currently the first-ever study
underway at the National Institutes of Health examining Williams
Syndrome and sudden cardiac death, an issue which is also pervasive
in the community. We are extremely delighted to have the Filippazzo
and Morello Families with us here today as we declare the Month of
May Williams Syndrome Awareness Month in the State of New York.
I would also like to point out that later in the afternoon we will be
asking Governor Kathy Hochul to memorialize this month as Williams
Syndrome Month.
So Mr. Speaker, if you would on behalf of myself and
18
NYS ASSEMBLY MAY 22, 2024
Assemblymember Williams, would you please welcome them to the
House and extend cordialities.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mr. Pirozzolo and Ms. Williams, we welcome you very
much to the House floor. We hope that you are taking great pictures,
congratulations. We hope you continue to enjoy your visit here, and
the proceedings that we go through. Thank you for everything that
you've done and will do in the future. Please enjoy. Thank you for
joining us.
(Applause)
Page 11, Calendar No. 37, the Clerk will read.
THE CLERK: Assembly No. A01200, Calendar No.
37, Epstein, Burdick, Gallagher, Seawright, Cruz, Hevesi, Gibbs,
Cook, Otis, Santabarbara, DeStefano, Colton, McMahon, Reyes,
Taylor, Shimsky, Simon, Raga, Kelles, Weprin, Buttenschon, Darling.
An act to establish the People with Disabilities Access to Programs
Commission.
ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER EACHUS: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Epstein to explain your vote.
MR. EPSTEIN: Thank you, Mr. Speaker. I rise to
19
NYS ASSEMBLY MAY 22, 2024
explain my vote. People with disabilities are -- have to go to a variety
of State agencies to get services. We hear time and time again from
family members about the long process and paperwork that's required
for them to fill out just to get access to those services, and then it goes
from one agency to another agency, to another agency and are
requiring the same paperwork time and time again. We need to make
it easier for New Yorkers who need support to be able to get that
support as soon as possible. This requires all our agencies to come
together to figure out how we streamline information and services for
people with disabilities so they can access services quicker and better.
I encourage my colleagues to vote in favor of this bill. I want to thank
the Speaker for putting it forward. I vote in the affirmative.
ACTING SPEAKER EACHUS: Mr. Epstein in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 20, Calendar No. 163, the Clerk will read.
THE CLERK: Assembly No. A05815-B, Calendar
No. 163, Epstein, Colton, Reyes, Taylor, Shimsky, Burdick, Woerner,
Santabarbara, Cunningham, De Los Santos, Wallace, Raga, Seawright,
Sayegh. An act to amend the State Finance Law, in relation to
participation by individuals with disabilities with respect to State
employment and State contracts.
ACTING SPEAKER EACHUS: Read the last
20
NYS ASSEMBLY MAY 22, 2024
section.
THE CLERK: This act shall take effect January 1st.
ACTING SPEAKER EACHUS: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Epstein to explain your vote.
MR. EPSTEIN: Thank you, Mr. Speaker. I rise to
explain my vote. So in New York City we have a huge opportunity to
hire people with disabilities, but importantly our agencies and our
government doesn't track it; the procurement, the hiring and the
operation of people with disabilities. And, you know, with People
with Disabilities Awareness Day and trying to ensure more people
with disabilities have employment opportunities, we as a State have a
opportunity right here to ensure we hire, retain and promote people
with disabilities, and we don't even know how we're doing. The
Federal Government did a good job by setting a 7 percent threshold.
They were able to exceed that by hiring in their 15 percent people
with disabilities, so our attempt to move New York State in the right
direction to ensure more people with disabilities have more
employment opportunities in New York State. I'll be voting in favor
of this bill and I encourage my colleagues to do the same.
ACTING SPEAKER EACHUS: Mr. Epstein in the
affirmative.
Ms. Giglio to explain her vote.
MS. GIGLIO: Thank you, Mr. Speaker, to explain
21
NYS ASSEMBLY MAY 22, 2024
my vote. I would like to thank the sponsor of this legislation. It is
very important for workforce development that we get everybody
included and everybody in the workforce and this is leading us in that
direction. And self-direction is very important, too, for people with
unique abilities and employers recognizing people with unique
abilities is truly important in the State of New York. So I want to
thank the sponsor and I will be voting in the affirmative. Thank you.
ACTING SPEAKER EACHUS: Ms. Giglio in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 23, Calendar No. 188, the Clerk will read.
THE CLERK: Assembly No. A06541, Calendar No.
188, Kelles, Lupardo, Jacobson, Santabarbara, Meeks, Otis, Epstein,
Weprin, Simon, Seawright, Buttenschon, Steck, Davilla, Reyes,
Colton, Angelino. An act to amend the Civil Rights Law, in relation
to waiving the State's sovereign immunity to claims under the
Americans with Disabilities Act of 1990, the Fair Labor Standards Act
of 1938, the Age Discrimination in Employment Act of 1967, and the
Family and Medical Leave Act.
ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER EACHUS: The Clerk will
22
NYS ASSEMBLY MAY 22, 2024
record the vote.
(The Clerk recorded the vote.)
Ms. Kelles to explain your vote.
MS. KELLES: Thank you. So just simply put, this --
this bill holds us accountable to protecting people with disabilities
based off of Federal laws. It removes our State immunity. There are
several court cases at Federal levels, Supreme Court, that concluded
that states need to waive their sovereign unity in order to hold us
accountable. Very straightforward, very simple. I would note, and
this is important, I want to read this: New York was one of 13 states
that signed on to Minnesota's Amicus Curiae back in 2001 in support
of the plaintiff's in Board of Trustees of the University of Alabama v.
Garrett. The Amicus Brief committed to the idea that state
governments should be held to same the compliant standards as other
employers regarding the ADA. And I think that that's really valuable
to note because we actually put this bill in in 2001 when we signed on
as a State. And I want to thank my colleagues because for 23 years
we have passed this bill in the Assembly. And I think that that is
important and we will continue to do this until it becomes law. And I
would note there are three states that have already passed it in 2001
and 2004; Minnesota, North Carolina, Illinois, and these states have
recorded no increases in costs, or, two, or litigation against the state
because of such laws. So we really don't have a justification not to
move this forward and hold ourselves accountable and obviously
stand in support and I hope to see this move forward across both
23
NYS ASSEMBLY MAY 22, 2024
Houses and to the Governor. Thank you.
ACTING SPEAKER EACHUS: Ms. Kelles in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 6, Rules Report No. 65, the Clerk will read.
THE CLERK: Senate No. S03108-A, Rules Report
No. 65, Senator Mannion. An act to amend the Mental Hygiene Law,
in relation to the duties of the Independent Developmental Disability
Ombudsman Program.
ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect on the 180th
day.
ACTING SPEAKER EACHUS: 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 6, Rules Report No. 71, the Clerk will read.
THE CLERK: Assembly No. A06397-A, Rules
Report No. 71, Burdick, Levenberg, Sayegh, Seawright, Dickens,
Hevesi, González-Rojas. An act in relation to establishing the task
24
NYS ASSEMBLY MAY 22, 2024
force to promote the employment of people with disabilities.
ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER EACHUS: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Burdick to explain your vote.
MR. BURDICK: Thank you for the opportunity to
explain my vote. People with disabilities have an unemployment rate
well above the national average, and that's true here in New York, as
well; yet, we know that many not only wish to work but are very much
able to work. And we need to look at their abilities rather than their
disabilities. We need to do our upmost to extend opportunities to
work. As Chair of the Assembly Subcommittee on Employment
Opportunities for People with Disabilities and with the support of my
colleagues, we have been working assiduously to move ahead with
these goals. This bill would create a task force of representatives from
several State agencies to promote competitive integrated employment
for people with disabilities in State and local government. The bill
codifies into statute efforts which the State is making, and we are
hopeful that this will move the needle on increasing employment for
people with disabilities across the board. I wish to thank the Speaker
for allowing this bill to move ahead, and urge my colleagues to vote in
favor. I vote in the affirmative. Thank you, Mr. Speaker.
25
NYS ASSEMBLY MAY 22, 2024
ACTING SPEAKER AUBRY: Mr. Burdick in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 7, Rules Report No. 80, the Clerk will read.
THE CLERK: Assembly No. A09553-A, Rules
Report No. 80, Seawright, Zinerman. An act establishing the
"Blue-Ribbon Commission of the Future of New York State's Service
Delivery System for Individuals with Intellectual and Developmental
Disabilities Act"; 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 immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Ms. Seawright on -- to explain her vote.
MS. SEAWRIGHT: Thank you, Mr. Speaker. I rise
to explain my vote and as Chair of the People with Disabilities
Committee, I rise to speak on the significance of Legislative Disability
Awareness Day. It's been an Assembly tradition for 44 years to
recognize people with disabilities, their families and advocates as they
realize the goals of integration, independence, empowerment and
equality in our communities and society at-large. Nearly one-quarter
26
NYS ASSEMBLY MAY 22, 2024
of all adult New Yorkers, about 3.9 million people, live with a
disability. We need the voices and contributions of these New
Yorkers on the vital issues not only affecting their livelihoods, but the
well-being of our entire State.
Today, it's an honor on Disability Awareness Day
that we take up two resolutions and this package of bills that will both
improve the lives and ensure the State is doing its part to achieve
equity for people with disabilities. In addition to the resolution
recognizing today as Legislative Disability Awareness Day, we're
taking up a resolution that would recognize June 16th, 2024 as
Neurodiversity Pride Day. The resolution recognizes the
neurodiversity flag, selected by the Autism Spectrum Disorders
Advisory Board after they hosted a contest featuring over 40 flag
designs. The design that was won was created by Joshua Mirsky, a
self-advocate who joins us along with his mother in the Chamber
today. Additionally, this legislation to establish a Blue Ribbon
Commission to make recommendations for systemic reforms to the
developmental disability services system is much needed. By passing
these bills and resolutions, we continue to fulfill the Assembly's duty
to respond to issues impacting the disability community established by
the first Assembly Disabilities Day 44 years ago. I wish to thank
Speaker Heastie for his leadership, members of the Committee, along
with Elizabeth McCormick, Janice Neaves, and our Committee Clerk,
Courtney Ferrissey. I'm honored and pleased to carry this tradition
forward. Thank you.
27
NYS ASSEMBLY MAY 22, 2024
ACTING SPEAKER AUBRY: Mr. Burdick to
explain his vote.
MR. BURDICK: Thank you, Mr. Speaker, for the
opportunity to explain my vote. I first want to thank the sponsor of
this bill for her bringing this forward and for her leadership as Chair of
the Committee of People with Disabilities. We have made great
strides and so pleased to see this package of bills going forward. We
have a lot more work to do, but we're making that headway and again,
I wish to thank the Speaker for moving ahead with this package of
bills that should improve the lives of people with disabilities across
the State of New York. Thank you so much.
ACTING SPEAKER AUBRY: Mr. Burdick in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
(Applause)
Mrs. Peoples-Stokes -- thank you.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, apologies
for interrupting applause for that wonderful piece of legislation that
we just passed, but I do want to ask if you would call the Consumers
Committee to the Speaker's Conference Room.
ACTING SPEAKER AUBRY: Consumers
Committee, Speaker's Conference Room immediately.
28
NYS ASSEMBLY MAY 22, 2024
Page 25, Calendar No. 309, the Clerk will read.
THE CLERK: Assembly No. A05873, Calendar No.
309, Lavine, McDonald, Colton, K. Brown, Braunstein, Glick, Aubry,
Simon, Cruz, Fahy. An act to amend the Civil Practice Law and Rules
and the Executive Law, in relation to extreme risk protection orders.
ACTING SPEAKER AUBRY: On a motion by Mr.
Lavine, the Senate bill is before the House. The Senate bill is
advanced.
An explanation, Mr. Lavine, is requested.
MR. LAVINE: Certainly. Can I just ask who asked
for the explanation? Oh, Mr. Goodell; all right, very, very good, thank
you.
Current law requires judges to notify the Division of
State Police, law enforcement agencies with appropriate jurisdiction,
applicable licensing officers and the Division of Criminal Justice
Services of the issuance, the amendment or revocation of a temporary
and/or final extreme risk protection order. There is, however, no
requirement that judges provide notice of these orders to the Statewide
computerized registry. The Statewide computerized registry is a
centralized database of all court orders of protection and outstanding
warrants that is accessible by State and local law enforcement, the
Division of Criminal Justice Services, the Office of Court
Administration and the Office for the Prevention of Domestic
Violence. This bill modernizes the State's existing ERPO law by
requiring that a judge notify the Statewide computerized registry of
29
NYS ASSEMBLY MAY 22, 2024
the issuance, amendment and revocation of both temporary and final
ERPOs. By requiring courts to perform this added procedure, law
enforcement and relevant authorities can more readily access these
critical public safety records to ensure compliance with court orders
across and throughout our State.
ACTING SPEAKER AUBRY: Mr. Goodell.
MR. GOODELL: Thank you, sir. Would the sponsor
yield?
ACTING SPEAKER AUBRY: Mr. Lavine, will you
yield?
MR. LAVINE: Of course.
ACTING SPEAKER AUBRY: Sponsor yields.
MR. GOODELL: Thank you, Mr. Lavine, and thank
you for the explanation. Just so that we're all clear, I'm looking at
page 1, line 9, this registry would apply to temporary extreme risk
protection orders, correct?
MR. LAVINE: Yes.
MR. GOODELL: And temporary extreme risk orders
of protection are issued ex parte, correct?
MR. LAVINE: Yes.
MR. GOODELL: And so -- and they're issued on a
very low, evidentiary burden, right, of probable cause?
MR. LAVINE: Well, I'm not so sure I would agree
that probable cause is a low evidentiary standard, but I can appreciate
your perspective.
30
NYS ASSEMBLY MAY 22, 2024
MR. GOODELL: Now, a final order, an extreme risk
order of protection you have to show clear and convincing evidence,
but for temporary it's only probable cause, it's issued ex parte, no
defense, the defendant is not even there, and this bill would put that on
a centralized State registry?
MR. LAVINE: Well, if anyone can figure out a way
to get the respondent's present for an ex parte orders, that would be
something I would be very pleased to take a look at, but I've seen your
point. There is a difference between the evidentiary standards at the
initiation of this process and at the factfinding point of this progress.
MR. GOODELL: Now, this bill --
MR. LAVINE: I mean process, excuse me.
MR. GOODELL: Now, this bill requires that a
temporary order of protection, as well as final, be reported to the
Statewide registry within 24 hours, correct?
MR. LAVINE: And that includes revocations, as
well.
MR. GOODELL: So the revocation would also have
to be reported in 24 hours?
MR. LAVINE: So I just want to respond to my
colleague. This bill does not address whatever time factors you are
mentioning. This bill simply adds one sentence to two or three
applicable portions of our statutory law saying that the judges are
supposed to report this to the Statewide registry. I think whatever
issue you may have, you may have with previous -- previously enacted
31
NYS ASSEMBLY MAY 22, 2024
legislation, but this doesn't address that.
MR. GOODELL: Well, this bill which amends the
previously enacted legislation would now require that the Statewide
registry receive notice of any temporary extreme risk order of
protection, and I'm looking at line 10, no later than the next business
day.
MR. LAVINE: That's part of the law.
MR. GOODELL: And so that's what this would do,
right, it would require --
MR. LAVINE: That's -- no, no. That's the existing
law.
MR. GOODELL: Well, the existing law doesn't
require notice to any Statewide registry because there isn't one, right?
MR. LAVINE: Well, it will and it'll be controlled by
the same time constraints as are specified in detail in the underlying
law.
MR. GOODELL: Right. And this bill creates a
Statewide registry that doesn't exist under current law?
(Pause)
MR. LAVINE: Maybe I'm not understanding you,
but are you saying this creates a Statewide registry?
MR. GOODELL: No. To be clear, what this bill
does, and you can correct me if I'm mistaken, but what this bill does is
require a temporary extreme risk protection order to be reported to a
Statewide computerized registry --
32
NYS ASSEMBLY MAY 22, 2024
MR. LAVINE: Yes.
MR. GOODELL: -- within one business day.
MR. LAVINE: I would -- I would tend to agree with
that, yes.
MR. GOODELL: Now, the standard for taking it off
is not one business day, correct?
MR. LAVINE: I missed the last, like, six or seven
words you said.
ACTING SPEAKER AUBRY: It is a problem, shh.
MR. GOODELL: But the current law, while this law
would require that be reported within one business day to the registry,
neither the current law nor this law requires it to be removed within
one business day if it's terminated, correct?
MR. LAVINE: The underlying statute says it has to
be removed promptly. That's -- that's what we passed and was
enacted.
MR. GOODELL: Now, this bill would also require
that when a temporary order of protection is reported that it also be
reported with demographic information, correct?
MR. LAVINE: It would be included within the
demographic data.
MR. GOODELL: Now, earlier this year we passed
and the Governor signed into law a bill that required that every State
agency collecting demographic information also collect information
on a person's sexual identity, gender expression, or gender ID, sexual
33
NYS ASSEMBLY MAY 22, 2024
orientation, gender ID or expression. So am I correct then that the
State Police, as part of the Statewide registry, would not only require
-- that this bill would not only require the reporting of the individual's
name, their address, and their sexual orientation, gender identity and
gender expression; is that correct?
MR. LAVINE: The only thing this bill does is say
that judges who issue or modify ERPOs are to report that to the
Statewide registry.
MR. GOODELL: Correct. And it's part of a
provision that also requires demographic data, correct?
MR. LAVINE: I -- I believe that's correct, but that's
not the subject matter of what we're -- what's at issue here.
MR. GOODELL: Well, without this bill there would
not be that demographic data reported to a Statewide registry, correct?
MR. LAVINE: Are you able to -- because I know
you're a good lawyer, so can you phrase that a little more directly?
MR. GOODELL: Sure. So I'm looking at page 1,
line 16, the court shall report demographic data as required by the
State Police and by law, we require every State agency, which would
include the State Police, to require on any demographic data that the
demographic data identify a person's sexual orientation, gender ID or
expression. So this bill would require a Statewide database with the
individual's name, address, sexual orientation, gender ID, and gender
expression, correct?
MR. LAVINE: I'm not so sure about that.
34
NYS ASSEMBLY MAY 22, 2024
MR. GOODELL: Oh, okay.
MR. LAVINE: But you have read accurately the
language that's in the existing statute.
MR. GOODELL: Now, earlier we also passed and
the Governor signed a requirement that whenever we collect
demographic data we separately list all 24 named countries in Asia
and the Pacific. So in addition to their name, address, sexual
orientation, gender identity, we also have to list whether they came
from any one of those 24 countries, right?
MR. LAVINE: That has nothing to do with this
particular piece of proposed legislation that we're -- we're considering.
MR. GOODELL: But I just want everyone to know
that we're establishing a Statewide database reporting claims that they
might not be safe based on probable cause without the defendant even
having the opportunity to appear and defend themselves, and we're
reporting on that Statewide database their sexual orientation, gender
identity, and which of one of 24 Asian countries they come from,
right?
MR. LAVINE: Well, that's --
MR. GOODELL: I mean this is not taken out of
isolation. We have to consider the full impact.
MR. LAVINE: That is your editorial view and I
support your right to state it.
MR. GOODELL: And am I correct that when we
require demographic data to be collected by the State Police we, by
35
NYS ASSEMBLY MAY 22, 2024
law in this Chamber, require them to collect that information, correct?
MR. LAVINE: And I'd be happy to discuss that with
you further if that was germane or relevant or apropos to this
particular bill. It is not. That's --
MR. GOODELL: Well, this bill -- this bill does
require all that demographic data, requires the State Police to report
demographic data, right?
MR. LAVINE: This bill simply requires judges to
report when they have issued or modified ERPOs, simple as that.
MR. GOODELL: Uh-huh. And then it goes on to
say, as I mentioned before, including demographic data.
MR. LAVINE: I believe you are reading from
existing law.
MR. GOODELL: I am indeed.
MR. LAVINE: But it is -- and that's good lawyering,
too, but --
MR. GOODELL: Thanks.
MR. LAVINE: But I don't think that has anything --
with all due respect, that has nothing to do what this bill requires, or
would require.
MR. GOODELL: I see. Now, as you know a
extreme risk order of protection law automatically expires after
one year. Will this Statewide registry automatically remove that
person's name, address, sexual orientation and which country they
came from within one year? Will that automatically be deleted?
36
NYS ASSEMBLY MAY 22, 2024
MR. LAVINE: I don't know about your reference to
whatever country they came from, but I believe that that's -- I believe
that that's the case, but that's not the subject of this bill.
MR. GOODELL: But my question is will that
information, whatever that information is, be automatically deleted at
the end of one year?
MR. LAVINE: I believe that that's the case, but I
don't -- but that's not the subject of -- of this bill and I wouldn't want
anyone in future days or years to look at whatever I'm saying and
interpret that as complete agreement with you.
MR. GOODELL: I see. Who would have access to
the Statewide database?
MR. LAVINE: That would be law enforcement,
other judges, appropriate law enforcement agencies.
MR. GOODELL: Is there any language in this statute
or any existing statute that makes that information generally not
public?
MR. LAVINE: I'm not 100 percent sure.
MR. GOODELL: I see. Okay. Again, Mr. Lavine, I
always appreciate your comments, sir.
On the bill.
ACTING SPEAKER AUBRY: On the bill, Mr.
Goodell.
MR. GOODELL: You know, a few years back we
passed this concept of a temporary extreme risk protection order, and
37
NYS ASSEMBLY MAY 22, 2024
there was considerable opposition on the temporary extreme risk
protection order because it was issued without the defendant even
being there. It was a temporary order that was issued by a judge based
on probable cause, which means more likely than not, it's a very low
standard. And it was issued without notice to the defendant, no
opportunity to be heard. The due process criteria for issuing a
temporary extreme risk order of protection is virtually zero. Ex parte
application, very low standard to prove, no opportunity to defend
yourself. And this bill takes that one step further and says even
though that order of protection was issued without the defendant even
having an opportunity to be heard, without any hearing on a low
standard, we're going to put it on a Statewide database. Now my
feelings about a Statewide database once a final order is issued is very
different because a final order is only issued after a hearing, after an
opportunity for the defendant to appear, after the defendant can come
in with an attorney, and it requires clear and convincing evidence, that
is an entirely different situation. So we're asked here today to create a
Statewide database documenting a person's name, address, sexual
orientation, gender ID, gender expression and which one of any 24
Asian countries they might come from without them even having an
opportunity to be heard or defend themselves. That, my friends, is
outrageous and for that reason I cannot support it.
ACTING SPEAKER AUBRY: Ms. Giglio.
MS. GIGLIO: Thank you Mr. Speaker. Will the
sponsor yield?
38
NYS ASSEMBLY MAY 22, 2024
ACTING SPEAKER AUBRY: Mr. Lavine, will you
yield?
MR. LAVINE: Of course.
MS. GIGLIO: Thank you, Mr. Lavine. So can you
please explain the process for obtaining the TERPO, and then also the
process for explaining the ERPO.
MR. LAVINE: Well, I'm going to suggest that a
quick Google of nycourts.gov will provide those procedural steps, and
I would also like to mention that with respect to any concerns about
this procedure violating anyone's constitutional rights, this is language
from the courts. This procedure provides ample procedural safeguards
against improper depravation of an individual's Second Amendment
right to keep and bear arms and thus does not violate due process.
Now, there have been a couple of cases in lower courts throughout the
State that kind of differ, but as recently as March, the Appellate
Division of the Second Department has ruled that these procedures
more than pass constitutional muster. So I would hope and expect
that anyone who has got any great concern about Americans losing
their constitutional rights --
MS. GIGLIO: I'm not questioning that, what I'm
questioning is the process. Because the temporary emergency risk
protection order is issued, and we've expanded the list as to who can
request that the police go to someone's house, take their guns and then
they get a -- a hearing within a few days, essentially five to ten days.
The Supreme Court after -- after a TERPO --
39
NYS ASSEMBLY MAY 22, 2024
MR. LAVINE: Yes.
MS. GIGLIO: -- is issued, and I'm happy to say that
after talking about this on the floor for a very long time that the
Attorney General is now representing the State Police in these TERPO
hearings, so that is a good thing because our State Police --
MR. LAVINE: I agree with -- I agree with you
completely.
MS. GIGLIO: -- our State Police were on the stand
as, really defenseless without an attorney while the people who had
their guns taken away had defense attorneys and the State Police are
not law, they're not attorneys, they don't know how to answer those
questions. So the TERPOs were issued by the police, the police go,
they remove any weapons that a household may have, and within three
to five days they go before the Supreme Court judge who determines
whether or not a hearing is necessary and a trial is necessary, or
whether or not it should be dismissed, that it's unfounded; is that
correct?
MR. LAVINE: Yes. And I'd also like to say,
because for our colleagues in Suffolk County -- I mean Nassau County
but right next to Suffolk County, that the law enforcement in Suffolk
County has taken this responsibility extraordinarily seriously and --
MS. GIGLIO: Yes, yes. We're very lucky to have
the DA that we have and that we're not taking our one town attorney
out of our villages and our townships to go to these TERPO and
ERPO hearings that the Suffolk County District Attorneys' Office is
40
NYS ASSEMBLY MAY 22, 2024
representing law enforcement when that law enforcement officer has
to go to court and testify as to how the TERPO was attained and what
the --
MR. LAVINE: And I agree with you completely and
also, so that the record is accurate, the law enforcement in Suffolk
County was actively involved as well prior to the new District
Attorney taking office.
MS. GIGLIO: Yes. So my question for you is, do
you know how many TERPOs, let's say 2023, how many TERPOs
have been warranted and brought into the courts, and how many
ERPOs have actually been issued?
MR. LAVINE: It's thousands, and I do believe --
MS. GIGLIO: Well, I know TERPOs are thousands,
but I don't believe ERPOs are.
MR. LAVINE: I don't offhand remember the
separate number of TERPOs and ERPOs, but I do know that Suffolk
County is in the lead I believe Statewide.
MS. GIGLIO: Right. So this State database, no
information will go into the State database, because I know the police
do the searches when they get a TERPO to find out if there's any order
of protections or if there's any warrants or if there's anything of that
nature before they actually appear on the doorstep of the house where
the health official, the school official, the family members or - there's
one more - had filed a complaint against this person.
MR. LAVINE: And that's very wise law enforcement
41
NYS ASSEMBLY MAY 22, 2024
policy.
MS. GIGLIO: So the TERPOs will not be reported to
the system. It's only after a Supreme Court judge says that the
emergency risk protection order is in place and then they go to a trial,
they go to a hearing and if the judge decides that their weapons should
be taken away, is that the time that this goes on the State registry?
MR. LAVINE: May I have one moment?
(Pause)
I believe temporary restraining orders also go on the
registry.
MS. GIGLIO: Well, then I have to agree with my
colleague in saying that if it's an accusation and there hasn't been an
actual trial and a judge hasn't found that their weapons should be
taken away, then why would we want to put that on a State registry?
And can somebody use that for a TERPO? Can a family member?
Can somebody use that TERPO in order to get a restraining order, or
an order of protection?
MR. LAVINE: This -- this bill has nothing to do
with that particular proposition, but I would like to just read the
language, which is relevant to your question, from a court decision.
We do this because the government protecting the people --
MS. GIGLIO: Understood.
MR. LAVINE: -- of the State - I would expect you
would understand, because the government has compelling and
pressing interests in ensuring the safety of the public by quickly
42
NYS ASSEMBLY MAY 22, 2024
removing firearms from those who may be unfit to possess them, and
that's a good thing.
MS. GIGLIO: Well, that's the -- that's the key word,
right there, "who may."
MR. LAVINE: Yes.
MS. GIGLIO: So until they are found by a court and
a judge, a Supreme Court judge to say, okay, we think that you may
not have, you know, you may not have the rights to have these
firearms in your home, you know, it's not until the judge decides after
the emergency risk protection order hearing when the defendant is
there and law enforcement is there to say and the person that filed the
TERPO is there to say why they felt that this person could possibly be
a threat and why the firearms should be removed. So after that
hearing, if the judge determines that the weapons or the firearms
should be taken away, then that is something that I could see should
go on to a registry, but not a TERPO, which is the word "may."
MR. LAVINE: Well, the word "may" is always
operative, but I don't think you're suggesting that we should put law
enforcement personnel at risk when we do not list names of people
who have had even temporarily firearms removed from their homes,
and I would also --
MS. GIGLIO: Have you reached out -- have you
reached out to New York State Police investigators or have you
reached out to any of the people that are actually getting these
warrants that are -- they're showing up at their doorsteps saying we
43
NYS ASSEMBLY MAY 22, 2024
have this complaint and you have to appear in court.
MR. LAVINE: So I -- I would simply suggest this to
you, that even though I have not personally reached -- reached out to
the folks who you just listed, I did write the first extreme risk
protection bill, and I did that after a lengthy, and to put it mildly,
heartfelt conversation, yes, indeed, with Mark Barden whose son --
whose son --
MS. GIGLIO: Listen, I have no --
MR. LAVINE: -- Daniel lost his life, along with
many others --
MS. GIGLIO: Yes, I have --
MR. LAVINE: May I -- may I speak?
MS. GIGLIO: Well, you answered the question and
I'm limited on time so --
MR. LAVINE: Well, I don't know if I answered the
question.
MS. GIGLIO: Well, do you believe that a person is
innocent until proven guilty?
MR. LAVINE: I can stick my political neck out and
say yes, I believe that.
MS. GIGLIO: Okay. So are they guilty when a
TERPO is issued, or are they found guilty after it's gone to a Supreme
Court judge and an ERPO is issued?
MR. LAVINE: It's not a matter of guilt.
MS. GIGLIO: Well, I'm asking you, are they guilty
44
NYS ASSEMBLY MAY 22, 2024
of what the school official, the health professional, the family
member, the --
MR. LAVINE: I think -- I think you may by
conflating standards of proof for criminal trials with standards for
issuance of TERPOs and ERPOs.
MS. GIGLIO: No, I'm just saying if I'm, you know,
not happy with my ex-husband and I can say, hey police, come here.
You know what? I know he has guns in his house and I'm afraid, so
can you come and get his guns and I'll fill out the TERPO, and then
the husband or the -- if they're separated has to show up in court and
say listen, I have permits, or I don't have any, but at least they get to
be heard.
MR. LAVINE: Yes.
MS. GIGLIO: And then the judge decides whether or
not it goes to a full emergency risk protection order hearing within
three to five days of the TERPO being issued --
MR. LAVINE: Yes.
MS. GIGLIO: -- to decide whether or not they
should get their firearms back, or if they should be removed
permanently, and if they should be removed permanently, if the judge
decides, and there's very few cases that I'm told that that actually
happens, but if that judge were to decide that those firearms be taken
away permanently from that individual, I believe that that's the time
that they should go on to the State registry, not until they're proven
that they shouldn't bear arms.
45
NYS ASSEMBLY MAY 22, 2024
MR. LAVINE: And I -- I respect that opinion, but
for the record, what we're talking about here, what you and I are
talking about, has nothing to do with criminal guilt.
MS. GIGLIO: Well, it has to do with putting
somebody's name, address and all their information on to a registry
when a judge may decide three to five days later that the -- it was not
founded, that the complaint was not founded, that it's a matter that's
being dealt with in family court. That the defendant who comes and
says, listen, we're in family court, she's threatened, she tried to get an
order of protection, she tried to do this, he tried to get an order of
protection, he tried do this, and it wasn't issued, the order of
protection. So you can just tie up the courts, and I'm told that a lot of
these TERPO cases do bog down the courts when there are serious
matters that need to go before Supreme Court judges.
MR. LAVINE: All of our cases can be interpreted as
bogging down the courts, but in this balancing act that we play in
attempting to protect people, like the Barden family from having to
bury their children, we will weigh those equities in favor of protecting
life.
MS. GIGLIO: Listen, there's a lot of incidents that
happened -- that happened throughout this State where, you know
what? If the teacher says listen, I think that this person may be a
threat, we should issue a TERPO immediately, and then that day or
the next day, the police go and say we are -- we are aware that you
have firearms in the house and we're here to take them, hand them
46
NYS ASSEMBLY MAY 22, 2024
over, and they have to hand them over that day.
MR. LAVINE: Yes.
MS. GIGLIO: And then three to five days later they
get a hearing.
MR. LAVINE: Yes.
MS. GIGLIO: So I believe that the way the law is
written with the TERPO and ERPO, if someone is found to be an
extreme risk that they should be put on a registry so that no more
firearms are sold to them, that there's no, you know, NICS in the
system between, you know, the -- the courts. I get it. If the judge
decides that this person is an extreme risk and they should not have
firearms, but I don't believe --
ACTING SPEAKER AUBRY: Ms. -- Ms. Giglio,
why don't you go on the bill if you're not asking a question. I
understand you want to speak.
MS. GIGLIO: I -- I just want to be clear that is it -- is
it the case when a TERPO is issued that law enforcement goes that
day and goes and retrieves the firearms?
MR. LAVINE: As soon as it's practicable.
MS. GIGLIO: Okay. So thank you very much, Mr.
Lavine.
MR. LAVINE: Thank you.
MS. GIGLIO: Thank you, Mr. Speaker. Mr.
Speaker, you know, we have a Constitution in the United States of
America and that's the right to bear arms. And if somebody files a
47
NYS ASSEMBLY MAY 22, 2024
complaint against me and says, you know, I'm not liking Jodi so much
today and I want the police to go to her house and get her firearms,
they can come and I will gladly hand them over; however, I do not
want my name on a registry to where somebody has to -- where
somebody will pull me up in the system the next time I go to buy
another firearm and do a NICS check and sees that I have a TERPO,
which is not a -- it's not something that a judge decided that I shouldn't
have my firearms, I got my firearms back after the Supreme Court
because the judge determined that I was not an extreme risk. And
that's what I'm talking about, about the process. And that you are
innocent until proven guilty in a court of law, with a Supreme Court
judge, and very few TERPOs turn into ERPOs. So we can have a
database with a million TERPOs, and 2 percent of those could result
in ERPOs, and that's a good thing and those people should be put on a
registry. But when it comes to a complaint, I believe that you're
innocent until proven guilty and for that reason, I will have to be
voting in the negative. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you.
Read the last section.
THE CLERK: This act shall take effect on the 120th
day.
ACTING SPEAKER AUBRY: A party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. The Republican
48
NYS ASSEMBLY MAY 22, 2024
Conference is generally opposed. Those who support it should
certainly vote yes here on the floor. Thank you, sir.
ACTING SPEAKER AUBRY: Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. The Democratic Conference is going to be in favor of this
piece of legislation. There may be a few that would desire to be an
exception, and should feel free to cast their vote at their seats.
ACTING SPEAKER AUBRY: Thank you, both.
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: Mr. Speaker, can you please call the
Higher Education Committee to the Speaker's Conference Room?
ACTING SPEAKER AUBRY: Higher Ed, Speaker's
Conference Room immediately, please.
Page 30, Calendar 403, the Clerk will read.
THE CLERK: Assembly No. A03580-A, Calendar
No. 403, Hevesi, Darling, Shimsky, Seawright, Reyes. An act to
amend the Social Services Law, in relation to the adoption subsidies
provided for disabled or hard to place children.
ACTING SPEAKER AUBRY: Mr. Hevesi, a
explanation has been requested sir.
49
NYS ASSEMBLY MAY 22, 2024
MR. HEVESI: Absolutely. Thank you, Mr. Speaker.
This bill will ensure that in New York State the adoption subsidies is
linked to each adopted child and --
ACTING SPEAKER AUBRY: One minute, Mr.
Hevesi. Gentlemen in the corners, shh. Gentlemen in the corners.
Proceed.
MR. HEVESI: Thank you, sir. This bill will ensure
that in New York State the adoption subsidy is linked to each adopted
child, and permit the subsidy to be transferred if an alternate adult
receives a final order of custody or guardianship for the child.
ACTING SPEAKER AUBRY: Ms. Walsh.
MS. WALSH: Thank you, Mr. Speaker. Will the
sponsor yield?
MR. HEVESI: It would be my pleasure, Ms. Walsh;
how are you?
ACTING SPEAKER AUBRY: Mr. Hevesi yields.
MS. WALSH: Thank you. So it's my understanding
that this subsidy is provided to adoptive parents who have a disabled
or hard to place child; is that correct?
MR. HEVESI: That is correct, but 97 or 98 percent
of these subsidies are given to parents who adopt out of foster care, so
that -- hope that helps guide the discussion.
MS. WALSH: It does. What's the source of the
money? My understanding was that the subsidy itself comes through
Federal funding, Title 4E funding from the Federal Government; is
50
NYS ASSEMBLY MAY 22, 2024
that correct?
MR. HEVESI: You are correct; yes, that's correct.
MS. WALSH: Okay, okay. So it sounded -- it
seemed to me as though part of the -- well, let me ask you, what was
the -- what's the reason for this piece of legislation?
MR. HEVESI: There were two primary concerns we
had. The first one is what we're trying to address it's what's called
broken adoptions, that's when a young person is adopted out of foster
care, the adoptive parent takes the kid in, but then doesn't care for the
kid. So we are, in New York State I don't believe in the business of
paying people for not providing the service, and in this case not taking
care of the kid. And then the second reason - that's the first - the
second reason is we would like the subsidy to follow the child and
actually go with the child to where the kid is being taken care of and
what we're desperately trying to avoid is paying for multiple services.
So right now my understanding is at least in New York City alone,
ACS has 147 kids who their adoptive parents receive the subsidy, but
they're back in foster care, or they're in a homeless shelter, or they're
on the street, and we just keep paying the subsidy to the adoptive
parent because currently there's no mechanism for the local social
service district to say, no, no, you guys are providing service, we need
to terminate this subsidy.
MS. WALSH: And I appreciate how you structured
it in those two parts, and that's kind of how I'd like to focus my
questions. The first reason that you gave where the adoptive parents
51
NYS ASSEMBLY MAY 22, 2024
take the money, take the subsidy, but aren't really providing the -- the
shelter, the food, the things that the -- that the young person needs, I
can completely get behind the idea that we want to audit that, we want
to make sure that -- that those subsidies are being properly utilized
and that the children are actually being provided with what they need.
MR. HEVESI: We agree.
MS. WALSH: Absolutely agree. It's the second
piece that I'd like to kind of get at.
MR. HEVESI: Okay.
MS. WALSH: It's the idea of the subsidy following
that young person. So I'm looking at the bill on page 3, starting --
section C-4 around line 21 --
MR. HEVESI: Okay.
MS. WALSH: It talks about, let's see, if the social
services official terminates the adoption assistance provided to
adoptive parents pursuant to paragraph C-2 of this subdivision after
the 18th birthday and before the 21st birthday of the adoptive child,
and no person other than the adoptive parents has legal custody or
guardianship of the child, the social services official shall make --
shall make payments to the child; one, through direct payments to the
child if the social services official determines the child demonstrates
the ability to manage such direct payments, or to a representative
payee. So starting with the second part first, who would be an
example of a representative payee for that child?
MR. HEVESI: Probably a non-profit in the area, but
52
NYS ASSEMBLY MAY 22, 2024
let me just break down what you just mentioned.
MS. WALSH: Please, thank you.
MR. HEVESI: And you're right, so -- so right now, if
-- if the child is under 18, they will not ever have access to the
subsidy. Period. If they are above 18, the social service district gets
to make a determination, is that kid responsible, can we give the
money to that child and will that child pay for their housing? If they
say yes, they can give the money to the child; however, if they think
that the child is not responsible, remember you're talking about a kid
18 to 21, who knows, we don't trust what they do with their money,
we can -- we, meaning social service district, can give it to what's
called a payee, a representative payee which is usually in my
experience a not-for-profit, who will make sure the payment for the
rent is on time.
MS. WALSH: Okay. Okay. The payment for the
rent is on time. Okay. So let's -- so let's say that you've got a 19-year
old, so still within that --
MR. HEVESI: Yeah.
MS. WALSH: -- under 21 age group, and the
21-year-old finds out, hey, if I leave these adoptive parents, I can run
off with my boyfriend and we can set up another place together and
this money is going to follow me and I could use that money; what
happens then?
MR. HEVESI: That's a great question.
MS. WALSH: Okay.
53
NYS ASSEMBLY MAY 22, 2024
MR. HEVESI: So -- so you're right, the following
child could be misleading in that case, because the kid's not able to do
that, and let me tell you why. So for the money to actually stay with
the child, that means that the court will have to decide that they will
have to appoint a guardian, which means there will have to be a
hearing, that the birth parents are going to come and testify and the
court is going to have to make a determination that the future guardian
is -- is responsible. So there is no way for a kid to say, hey, I'm giving
this to my boyfriend, it has to be vetted through the court system.
MS. WALSH: And is that contained within this
legislation, and can you just point to me where that is?
MR. HEVESI: I will check the line for you --
MS. WALSH: I would appreciate that, because I
didn't have a chance to see that.
MR. HEVESI: -- my guys are going to look, but
absolutely in there and, by the way, I wouldn't write legislation that
allows a kid to leave appropriate care setting to go keep this money
and live in an inappropriate setting. So we're going to look for the
line.
MS. WALSH: Well, while you're doing that.
MR. HEVESI: Yeah, please.
MS. WALSH: Let me just say that I didn't think of
this on my own. That there is a memo of opposition to the legislation
from the New York Public Welfare Association, and they raised that
as a possible unintended consequence.
54
NYS ASSEMBLY MAY 22, 2024
MR. HEVESI: I'm sorry, say the last sentence again.
MS. WALSH: The Public Welfare Association.
MR. HEVESI: Yeah, I --
MS. WALSH: Raised it as a point in their opposition
memo, raising that as a concern that that would be a potential
unintended consequence of the legislation, that's why I ask.
MR. HEVESI: No, and I completely understand that.
Can I talk about that memo for a minute, because I take umbrage, and
not with you, at all.
MS. WALSH: Oh, good.
MR. HEVESI: But number one, the -- yeah, go
ahead. Here we go.
MS. WALSH: Don't kill the messenger.
MR. HEVESI: That memo was never furnished to
my office or the Majority. When we got it, I'm stunned, I was using
the word befuddled or shocked, or chagrinned, I mean, it's
unbelievable. The idea that we would, and let me just use the quote,
"encourage vulnerable impressionable children to run away from their
adoptive homes," that's an outrageous idea and in no way does the
subsidy do that because the subsidy doesn't go to kids under 18, it only
goes to kids18 to 21 if they're responsible, and if they're not
responsible, then we get a outside payee. And the other thing that that
memo said, children would be exploited by inappropriate individual
seeking to receive the subsidy. They have to go to a court, they have
to have a hearing. And I believe the answer to --
55
NYS ASSEMBLY MAY 22, 2024
MS. WALSH: Do you have that line?
MR. HEVESI: The line is in existing Social Services
law, so I'll provide it for you, but it's not in this bill. But the social
service district is going to have to make sure that the person who gets
the subsidy can only be a guardian who has been vetted by the court,
so there's no running off with your boyfriend and the boyfriend gets
the money, that's just not true. And to be perfectly honest with you,
the memo from NYPWA either indicated to me that one, they don't
understand the law, or they do and they wrote some really just
ingenious things in that memo. So I would ask you to respectfully
disregard it. I would never put forth a bill that's going to allow a kid
to take State money and go use it for other purposes than what is
intended.
MS. WALSH: Well, to your point, and it's -- it
appears like it's not even State money, it's appears that it's Federal
money, because it's coming through that Title 4E funding.
MR. HEVESI: It's both.
MS. WALSH: It is both?
MR. HEVESI: It's both.
MS. WALSH: Because the concern is, and I called
them before our debate today --
MR. HEVESI: Yeah.
MS. WALSH: -- to kind of clarify this issue and their
concern specifically is that if that scenario did play out, that they can
potentially, the 19-year old, to use that example, could be collecting
56
NYS ASSEMBLY MAY 22, 2024
that subsidy or if they didn't collect the subsidy but they were out
living on their own with somebody else, but then the local Department
of Social Services would have to foot the bill to house, benefits, and
things like that, so...
MR. HEVESI: Oh, no. I think they're just
misreading the law. So no, we would not set up that circumstance at
all. As a matter of fact, there are safeguards to make sure it doesn't
happen. We're either giving it to an 18 through 21-year-old who has
been deemed responsible by the social service district, or it's going to
somebody else because we don't trust the kid is going to make the
payments on time.
MS. WALSH: So just to clarify again, and I
appreciate your answers.
MR. HEVESI: Of course.
MS. WALSH: What you're saying is that that
scenario that we've been talking about, that is all going to be handled
within the court system, there will be a judge that will evaluate the
maturity, the level of responsibleness of this --
MR. HEVESI: I don't want to confuse, so I get your
question, I don't want to confuse. The social services district will
make the judgment on whether the child is responsible. Separate
issue, the court will make the judgment on whether a respected
guardian is responsible. So you are being vetted by government on
both scenarios, for the guardian and for the kid, either way we have
government watching and making the determination.
57
NYS ASSEMBLY MAY 22, 2024
MS. WALSH: Okay, very good. Thank you very
much, Mr. Hevesi.
MR. HEVESI: Thank you very, Ms. Walsh.
MS. WALSH: Mr. Speaker, on the bill.
ACTING SPEAKER ZACCARO: On the bill Ms.
Walsh.
MS. WALSH: I very much appreciate the sponsor's
answers to my questions, because it did definitely raise a concern in
my mind reading it. I feel better knowing that, first of all, one of the
primary reasons for the bill is to ensure that the adoptive parents that
have taken on a disabled or hard to place child, which is by the way,
from what I understand, read very broadly, so many, many children
who are coming out of, for example, the foster care system, will
qualify for this subsidy, but we want to make sure that that money,
State money, Federal money is being appropriately used for the
benefit of that child by the adoptive parents. So I really do applaud
the legislation as a way to audit and monitor and ensure that that really
is taking place, because that would really be a crime if that money is
not being used. I do believe that the vast, vast majority of adoptive
parents are doing the right thing, and I do think -- I do think that this is
probably, relatively speaking, a rare occurrence, but I do think that
where it exists, we need to audit and make sure that it's being done
right.
I appreciate the answers as far as, specifically the
concern raised by the New York Public Welfare Association about an
58
NYS ASSEMBLY MAY 22, 2024
unintended consequence of the legislation, and I am satisfied by the
answers of the sponsor to my questions that this is something that
would be handled through the social services department, as well as
through the court sytem to ensure that a younger adult does not
inadvertently or there's not an unintended consequence of that young
person leaving their adoptive home in an effort to receive the subsidy
money themselves when they're not really ready to do so and manage
their own affairs. So thank you very much, Mr. Speaker.
ACTING SPEAKER ZACCARO: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER ZACCARO: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Fall.
MR. FALL: Mr. Speaker, can we now go to
Calendar resolutions on page 3.
ACTING SPEAKER ZACCARO: Resolutions on
page 3, the Clerk will read.
THE CLERK: Assembly Resolution No. 2243, rules
at the request of Ms. Seawright.
Legislative Resolution memorializing Governor
59
NYS ASSEMBLY MAY 22, 2024
Kathy Hochul to proclaim May 22, 2024, as New York State
Assembly Legislative Disabilities Awareness Day.
ACTING SPEAKER ZACCARO: On the resolution,
all those in favor signify by saying aye; opposed, no. The --
Ms. Darling on the resolution.
MS. DARLING: Thank you, Mr. Speaker. It is such
an honor to be one of the founding members of the first People with
Disabilities Committee in the New York State Assembly. This
milestone was long overdue and signified the crucial step in our
commitment to advocating for the rights and opportunities of
individuals with disabilities. Establishing this committee marks a
pivotal moment in our efforts to create a more inclusive and equitable
society for all. Disability awareness is essential because it helps to
break down barriers, dispel myths and to foster a deeper
understanding of the challenges faced by people with disabilities.
Often people with disabilities are treated differently and unfairly due
to societal stereotypes, but all they've ever wanted is to feel equal and
be given the same opportunities as everyone else. By raising
awareness we can promote greater empathy, support, and action
towards creating a system that will have a meaningful integration and
independence ensuring that everyone has the opportunity to lead a full
and productive life. In my district of Nassau County, I've met with
numerous organizations such as the EAC Network, BOCES, CP
Nassau, the Viscardi School and AHRC Nassau to name a few. These
groups frequently visit my office to express their concerns about the
60
NYS ASSEMBLY MAY 22, 2024
wages given to their staffers, especially in school-age programs, where
dedicated professionals struggle to make ends meet while serving
children during their critical formative years. They also continue to
face significant staff shortages. I want to go on record to say that
supporting their essential work along with providing equal access to
opportunities is crucial for creating a more productive life for people
with disabilities. I hear all of your concerns and I continue to fight
every day to address all aspects of disability rights. We cannot
support one area while neglecting another. A comprehensive
approach is necessary to ensure true equality and opportunity for all.
Thank you, Mr. Speaker.
ACTING SPEAKER ZACCARO: Mr. Santabarbara
on the resolution.
MR. SANTABARBARA: Thank you, Mr. Speaker.
I rise to support this resolution. I want to thank the sponsor for
bringing it forward. Today as we come together on Legislative
Disabilities Awareness Day, I want to express my full support for this
important cause. For me, this day means a lot, not just as a State
representative, but also as a father. I often talk about my son's journey
with autism. I've had him in the Chamber several times for several
different occasions, including Autism Acceptance Month which we
celebrated here at the State Capitol, as well. His journey has shown
me just how important our support is -- for legislation that we pass
today, and to support people with disabilities across New York State.
Here in this Chamber we have the power to make some real change
61
NYS ASSEMBLY MAY 22, 2024
and affect the lives of the people that we represent. Today we're
showing our commitment by passing a package of bills that aims to
make life better for New Yorkers with disabilities. These bills will
help ensure people can get the services they need and will afford them
more opportunities for education, jobs and living independently. Our
goal is important. It's to make a world where no matter your ability
you can succeed and be a part of our community. With the bills that
we passed today, we're also highlighting the values of kindness,
fairness and treating everyone with dignity. So let's continue to stand
with the disability community and make a commitment to keep
supporting them. Together we can make New York a place where
everyone has the opportunity to pursue their dreams. Thank you, Mr.
Speaker.
ACTING SPEAKER ZACCARO: Ms. Shimsky on
the resolution.
MS. SHIMSKY: Thank you, Mr. Speaker. I, too,
rise to speak in favor of this resolution. We have a rather substantial
percentage of people in the State of New York who are coping with
one or more disabilities. We, as a State, have the responsibility to
ensure that they get the opportunities they need in education, in
housing, in health care to make sure they can live their best lives. I
would like to thank the sponsor of this resolution, both for the
resolution and for -- for the illuminating awareness -- Disabilities
Awareness Day - excuse me - the Disabilities Awareness Day events
downstairs, which will hopefully teach us all about what we need to
62
NYS ASSEMBLY MAY 22, 2024
do to help make lives better for those with disabilities. Thank you.
ACTING SPEAKER ZACCARO: Mr. Sayegh on the
resolution.
MR. SAYEGH: Thank you very much for the
opportunity to rise and speak in support of services and legislation at
all levels that addresses the needs of students and people with
disabilities. As a lifelong educator, I've had the pleasure of witnessing
the urgency and importance of working and providing special ed
students with the services they need. And I can attest to the fact that
with proper services, students are able to achieve academic success
and employment success in preparation for life. And what we need to
be reminded of, although in most instances we do a fairly good job of
providing especially, within the public school system, students with
disabilities and special ed needs, the services they need, too often we
forget that when they turn 21, that cutoff becomes very detrimental
because they're left in a vacuum and very often we fail to provide
adequate career and life skills that they need to proceed. So today's
resolution is very special for me and for many of us that are
confronted with day in and day out the needs of people with
disabilities. Thank you.
ACTING SPEAKER ZACCARO: Ms. Seawright on
the resolution.
MS. SEAWRIGHT: Thank you, Mr. Speaker. I rise
in support of this resolution, very important. For the 44th Anniversary
of the New York State Assembly's Legislative Disability Awareness
63
NYS ASSEMBLY MAY 22, 2024
Day and commend the cosponsors and support for this as well as the
Speaker for his steadfast support of the disability community. Thank
you.
ACTING SPEAKER ZACCARO: Ms. Giglio on the
resolution.
MS. GIGLIO: Thank you, Mr. Speaker, and I'd like
to thank the sponsor for this very important resolution. I stand before
you today as we gather to observe New York State Legislative
Disabilities Awareness Day. This day is not merely a ceremonial
acknowledgement. It is a testament to our commitment to fostering an
inclusive society where every individual, regardless of ability, has the
opportunity to thrive. As we celebrate this important day, we are
reminded of the substantial progress we have made in advancing the
rights and opportunities for people with disabilities. New York State
has long been at the forefront of this movement, championing
legislation that promotes accessibility, inclusivity and equal
opportunities for all. Our legislative efforts have brought about
significant changes from the Americans with Disabilities Act to
State-specific initiatives. We have laid the groundwork for a more
inclusive society; however, our work is far from complete.
Today is a call to action, a reminder that we must
continue to strive for greater inclusivity and equality. Disability does
not defines a person's potential. It is our collective responsibility to
ensure that barriers are removed and that every individual has the
opportunity to contribute fully to our communities. This means not
64
NYS ASSEMBLY MAY 22, 2024
only enacting robust legislation, but also fostering of culture and
understanding and support. Let us take a moment to recognize the
remarkable contributions of individuals with disabilities in every
sector of our society. From the arts and sciences to education and
public service, people with disabilities have enriched our communities
with their talents, perspectives and resilience. They have shown us
that diversity is their strength, and that inclusivity enhances the fabric
of our society. Yet despite our progress, challenges remain. Many
individuals with disabilities still face significant obstacles in accessing
education, employment and essential services. This is unacceptable.
We must commit to breaking down these barriers though
comprehensive policies, adequate funding and unwavering advocacy.
On this Disabilities Day, let us renew our commitment to building a
State where everyone can achieve their fullest potential. Let us pledge
to continue advocating for accessible transportation, inclusive
education, affordable health care and employment opportunities for
all.
And again, I'd like to thank the sponsor and the
members of the People with Disabilities Committee. We are a
cohesive group that work and strongly advocate for people with
unique abilities. Thank you, Mr. Speaker.
ACTING SPEAKER ZACCARO: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2244, rules
65
NYS ASSEMBLY MAY 22, 2024
at the request of Ms. Buttenschon.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 19-25, 2024, as Eosinophil Awareness
Week in the State of New York.
ACTING SPEAKER ZACCARO: Ms. Buttenschon
on the resolution.
MS. BUTTENSCHON: Thank you, Mr. Speaker.
Earlier, I had my grandson here but his brother had to head to T-ball
practice, but we clearly are here to memorialize again the importance
and awareness of this disease. As we see it, it looks at the clear attack
of the esophagus and clearly it is done by harmfulness of food that is
introduced to the body or agents within the environment. This causes
swelling, possible structure impairments, as well as bleeding or ulcers.
And sometimes we see that the esophagus becomes so swollen that it
closes. So this is something very serious, not only to our
communities, but to me personally, and I commend my colleagues,
again, for supporting this resolution and look forward to further
research. Thank you, Mr. Speaker.
ACTING SPEAKER ZACCARO: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2245, rules
at the request of Mr. Burdick.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 20-28, 2024, as Period Poverty
66
NYS ASSEMBLY MAY 22, 2024
Awareness Week in the State of New York.
ACTING SPEAKER ZACCARO: Mr. Burdick on
the resolution.
MR. BURDICK: Thank you for the opportunity to
speak on this resolution. This resolution actually came from
conversations that I had with a community-based organization in my
district, 914 Cares. And one of the projects that they have undertaken
very successfully is what they call 914 Cares Period Project, which
provides a month worth of period supplies and a flow kit to
menstruations -- menstruators in need. And flow kits contain
tampons, pads, and panty liners. Their goal is -- for this program is to
ensure that no student misses school, no adult misses work, and no
person misses out on daily life because they're unable to afford the
period supplies they need. And this resolution is to amplify the fact
that there are adolescent girls and there are women that do not have
the wherewithal financially to afford these supplies, and to try to get
greater support for those who have that need and to be aware of the
need to provide dignity and to help them in their daily lives. I thank
the Speaker for allowing us to bring this resolution to the floor, and
for my colleagues in supporting it as well. Thank you very much, Mr.
Speaker.
ACTING SPEAKER ZACCARO: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2246, rules
67
NYS ASSEMBLY MAY 22, 2024
at the request of Ms. Shimsky.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim the month of May 2024, as Williams
Syndrome Awareness Month in the State of New York.
ACTING SPEAKER ZACCARO: Ms. Shimsky on
the resolution.
MS. SHIMSKY: Thank you, Mr. Speaker. Williams
Syndrome is a genetic condition present at birth that can affect
anyone, and is characterized by medical issues including
cardiovascular disease, developmental delays and learning disabilities.
These medical conditions often occur side by side with striking verbal
abilities, highly social personalities, and an infinity for music. It is
estimated that Williams Syndrome impacts 1 in every 10,000 people
worldwide, including as many as 30,000 in the United States. It is
known to occur equally in both males and females and in all cultures.
In 1982, the Williams Syndrome Association
provided -- started to provide support to individuals with Williams
Syndrome, as well as their families, connecting them with
professionals and others who can help them in coping them through
with the condition. Through this organization's efforts from raising
public awareness to funding critical new research and providing
valuable information and support to families, the Williams Syndrome
Association has improved the quality of life and futures of those
impacted by -- by the syndrome. Of course, we heard earlier from the
Fortunato family, and their valiant efforts to support the Williams
68
NYS ASSEMBLY MAY 22, 2024
Syndrome Association on behalf of their daughter, Camille, and we've
also heard from, as well, the -- one more family. There are many
families throughout New York that suffer from this. I am also doing
this on behalf of a family in my own district, Joe Cornaccio (phonetic)
and Gary Smulley (phonetic) and the parents of Olivia Smulley who
also has Williams Syndrome.
I would like to thank today the Assembly members
who introduced the families and the people coping with Williams
Syndrome on the floor earlier today, and I would like to urge everyone
to support this resolution which -- which deals with a syndrome that --
where people can live very, very good and productive lives with the
right support. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2247, rules
at the request of Mr. Lemondes.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 2024, as Wrestling Month in the State
of New York.
ACTING SPEAKER AUBRY: Mr. Lemondes.
MR. LEMONDES: Thank you, Mr. Speaker, for
allowing me to bring this recognition to the floor. May 2024 is World
Wrestling Month. Wrestling is one of the most intense scholastic and
international sports dating back to ancient Sumeria and the Greeks
69
NYS ASSEMBLY MAY 22, 2024
who introduced it to the ancient Olympics in 708 BC as a form of
soldiers training. For the occasion, United World Wrestling has
launched "This is Wrestling," a social media campaign asking
athletes, fans, coaches and members of the wrestling community to
share photos and videos of themselves related to wrestling which will
be on display tomorrow for you all to see. In 2022, the U.S. Wrestling
Foundation, a nationally known non-profit organization officially
launched the first national Let's Wrestle Program to help more high
school students prepare for success and overcome challenges through
the principles of wrestling. The campaign features prominent and
nationally-recognized celebrities who attribute the discipline learned
in wrestling as part of their professional success. Stars from
Hollywood, the NFL, other sports, business leaders and scientists,
include Tommy Hifiger, Chris Pratt, NASA Astronauts, Indy car
drivers and NFL Superbowl Champions, among others. Posters of the
stars and other recruiting materials have been sent to over 11,000 high
schools nationally to wrestling coaches. Wrestling is currently the
sixth most popular boy's high school sport and is the fastest growing
girl's high school sport as well here at home in New York State. This
month we celebrate the over two millennium-old sport of wrestling
worldwide and in the U.S. and, Mr. Speaker, let's wrestle.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor -- oh, I'm sorry. Mr. Sayegh on the resolution. How
could I have forgot?
MR. SAYEGH: Thank you very much, Mr. Speaker.
70
NYS ASSEMBLY MAY 22, 2024
I couldn't resist. You know, as a former wrestler myself, have
wrestled on the Lehman College, part of CUNY team many years ago,
and the SUNY Westchester Community College, I can attest firsthand
to how incredible and enjoyable, and the role it plays on fitness and on
teamwork that wrestling has. So I commend the sponsor and truly
wrestling is outstanding.
ACTING SPEAKER AUBRY: Mr. Jensen on the
resolution.
MR. JENSEN: Thank you very much, Speaker. I
was never a wrestler, but I'm so happy that the sponsor brought this
resolution to not just celebrate wrestling, but to highlight the people's
elbow in the People's House. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2248, rules
at the request of Ms. Seawright.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 16, 2024, as Neurodiversity Pride Day
in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2249, rules
at the request of Mr. Jones.
71
NYS ASSEMBLY MAY 22, 2024
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim July 2024, as Lake Appreciation Month in
the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2250, rules
at the request of Ms. Wallace.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim October 5, 2024, as Ostomy Awareness
Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2251, rules
at the request of Ms. Sillitti.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim October 15, 2024, as Pregnancy and Infant
Loss Remembrance Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2252, rules
at the request of Mr. Zebrowski.
Legislative Resolution memorializing Governor
72
NYS ASSEMBLY MAY 22, 2024
Kathy Hochul to proclaim October 6-12, 2024, as Fire Prevention
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 Resolution No. 2253, rules
at the request of Mr. Epstein.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim November 1, 2024, as Vegan Day in the
State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
Mr. Fall.
MR. FALL: Members have on their desk the
A-Calendar. Mr. Speaker, I now move to advance the A-Calendar.
ACTING SPEAKER AUBRY: On Mr. Fall's motion,
the A-Calendar is advanced.
Mr. Fall.
MR. FALL: Mr. Speaker, do we have further
housekeeping or resolutions?
ACTING SPEAKER AUBRY: Well yes, we have
housekeeping.
On behalf of Ms. Tapia, Bill No. A06506-A,
Assembly bill recalled from the Senate, the Clerk will read the title of
73
NYS ASSEMBLY MAY 22, 2024
the bill.
THE CLERK: An act to amend the General Business
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.
Privileged Resolution No. 2255, the Clerk will read.
THE CLERK: Assembly Resolution No. 2255, Mr.
Tague.
Legislative Resolution honoring Trooper Richard
Albert upon the occasion of his designation as Trooper of the Year by
the American Association of State Troopers.
ACTING SPEAKER AUBRY: Mr. Tague on the
resolution.
MR. TAGUE: Thank you, Mr. Speaker, on the
resolution. I am honored and proud to be here today and recognize
New York State Trooper Richard "Ricky" Albert as he is being
recognized by the American Association of Troopers for his
unwavering dedication to the job and being awarded with the Trooper
of the Year Award. Ricky is being recognized today for the heroism
74
NYS ASSEMBLY MAY 22, 2024
and courage he displayed on June 13th, 2023 when during a
high-speed traffic stop on I-88 in Duanesburg he came under fire
during the stop. He was hit with a round in his left shoulder. He
tactically retreated, returned cover fire and called in for backup,
stalling the gunman as he waited, the shooter fled the scene and was
cut off by an existing tractor trailer driver. The individual fled to the
nearby wood line where Richard stayed on his tail, directed backup to
his location and led to the individual's capture. Ricky was transported
to the hospital, recovered and displayed true bravery. This true
bravery was shown under extreme circumstances. His actions are to
greatly be applauded and his example should be followed by all those
who come after him; a calm, coordinated response to danger. I ask
that you all join me in congratulating Ricky Albert, Trooper Richard
Albert, on being recognized for Trooper of the Year, and join me in
celebrating his heroism. 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.
Mr. Fall, we have numerous other fine resolutions,
which we will take up with one vote.
On these resolutions, all those in favor signify by
saying aye; opposed, no. The resolutions are adopted.
(Whereupon, Assembly Resolution Nos. 2254-2267
were unanimously approved.)
Mr. Fall.
75
NYS ASSEMBLY MAY 22, 2024
MR. FALL: Mr. Speaker, can you call on Mr.
Jacobson for an announcement?
ACTING SPEAKER AUBRY: Mr. Jacobson for the
purposes of a announcement.
MR. JACOBSON: The anticipated conference for
the Majority will be held immediately following Session in Hearing
Room C.
ACTING SPEAKER AUBRY: Majority Conference,
Hearing Room C.
Mr. Fall.
MR. FALL: I now move that the Assembly stand
adjourned and that we reconvene at 9:30 a.m., Thursday, May 22nd,
tomorrow being a Session day.
ACTING SPEAKER AUBRY: The Assembly stands
adjourned.
(Whereupon, at 4:42 p.m., the Assembly stood
adjourned until Thursday, May 22nd at 9:30 a.m., Thursday being a
Session day.)
76