TUESDAY, MAY 23, 2023 2:04 P.M.

ACTING SPEAKER AUBRY: The House will come

to order.

In the absence of clergy, let us pause for a moment of

silence.

(Whereupon, a moment of silence was observed.)

Visitors are invited to join the members in the Pledge

of Allegiance.

(Whereupon, Acting Speaker Aubry led visitors and

members in the Pledge of Allegiance.)

A quorum being present, the Clerk will read the

Journal of Monday, May 22nd.

Mrs. Peoples-Stokes.

NYS ASSEMBLY MAY 23, 2023

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

dispense with the further reading of the Journal of Monday, May the

22nd and that the same stand approved.

ACTING SPEAKER AUBRY: Without objection, so

ordered.

Mrs. Peoples-Stokes.

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

colleagues and the many guests that are in the Chambers with us

today, I'd like to share some words with you from Sheila Crump

Johnson. Sheila is an American businesswoman and founder of BET

and the CEO of Salamander Hotels and Resorts, and the first

African-American woman to attain a net worth of at least $1 billion.

Her words for us today, Life has never been about you or about me.

Life and all that matters within it is always about us. These words,

again, from Sheila Crump Johnson, Mr. Speaker.

Colleagues have on their desk a main Calendar. We

also have a debate list. After any housekeeping and/or introductions

we will be calling for the following committees to meet off the floor:

Banks, Consumer Affairs, Correction, Housing and Ways and Means.

We're going to take up the following bills on the debate list: First

we're going to go to Rules Report No. 159 by Ms. Wallace; second,

Calendar No. 4 by Ms. Paulin; and third, Calendar No. 176 by Mr.

Lavine. Members should also be mindful that we're going to take up

all the resolutions at the beginning of our Calendar at the end of the

NYS ASSEMBLY MAY 23, 2023

day. I will announce if there's going to be a need for further floor

activity, Mr. Speaker. That's a general outline of where we're going

today. If you have any housekeeping and/or introductions, now would

be an appropriate time.

ACTING SPEAKER AUBRY: Certainly. No

housekeeping, but we do have introductions.

Mr. Mamdani for the purposes of a introduction.

MR. MAMDANI: Thank you very much. Today, we

are honored by the presence of many from Queens, from Long Island,

from across New York State who are coming to join us here from the

Bangladeshi-American Advocacy Group, which is under the

leadership of Joynal Abedin and Shahana Masum. We have members

from the Council of American-Islamic Relations. I would invite

everyone to get up who is coming to visit us here in Albany today, led

by (inaudible), and we also have the New York Muslim Action

Network, led by (inaudible). So it is a great pleasure to see so many,

as we say in our community, uncles and aunties who have led us

through so many years and so many decades of advocacy as Muslims

across the State who have found great success in legislation that has

passed in this very Chamber that they have advocated for in the past

and who we welcome here today to be a part of this civic and political

process. Thank you very much.

ACTING SPEAKER AUBRY: Certainly. On behalf

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

here to the New York State Assembly. We extend to you the

NYS ASSEMBLY MAY 23, 2023

privileges of the floor. Glad that you have joined us today, know that

you always have friends here in Albany. And we wish you well.

Salaam-Alaikum.

(Applause)

Ms. Lee for the purposes of a introduction.

MS. LEE: Thank you, Mr. Speaker. I rise to

introduce my distinguished guests from the Taiwan community who

are here today for the passing of a resolution memorializing the

Governor to proclaim May 23rd as Taiwan Heritage Day in the State

of New York. It is my distinct pleasure to have here today the Consul

General James Lee as well as Hans Chang, Deputy Consul General of

the Taipei Economic and Cultural Office in New York; Mr. Raymond

Tsang, President of the Chinese Consolidated Benevolent Association

of New York and from my district; Mr. Tom Su, President of the

Taiwan Center of New York; Mr. Kevin Wu, President of the

Taiwanese American Association of the Capital District, New York;

Ms. Patsy Chen, Vice President of Taiwan Center of New York; Ms.

May Tien, Board Member of the Chinese Chamber of Commerce of

New York; Yu-Chi Young, President, Taiwanese American Cultural

Society of the Capital District; and Mr. Lou Fu Youn, Director of the

Political Division of Taipei Economic and Cultural Office in New

York.

Mr. Speaker, please join me in welcoming my guests

here today to Albany and extend to them all the cordialities of the

House.

NYS ASSEMBLY MAY 23, 2023

ACTING SPEAKER AUBRY: Certainly. On behalf

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

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

floor. Appreciate that you've taken the time to come and share this

day with us. We wish you well, we wish the relationships between

our countries always stay well and relationship between New York

State and Taiwan always stay well. Thank you so very much for being

with us Consul General and friends.

(Applause)

Mr. Alvarez for the purposes of a introduction.

MR. ALVAREZ: Thank you, Mr. Speaker, for

allowing me to do this introduction today as we celebrate the second

annual Dominican in Albany. We take this opportunity to introduce

important visitors from our Dominican Republic. Congressmembers

Ignacio Aracena; Congresswoman Kenia Bido; Congresswoman

Veronica Contreras; Congressman Luis Baez, who represent with

honor and dignity (speaking foreign language). Mr. Speaker, please

welcome them and show them the cordialities of the People [sic]

House.

ACTING SPEAKER AUBRY: Certainly. On behalf

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

distinguished group here to the New York State Assembly. Hope that

your time here has been well spent, that you have enjoyed your trip.

We extend to you the privileges of the floor and our appreciation for

the services and work that you provide in our communities. Continue

NYS ASSEMBLY MAY 23, 2023

that great work. Thank you so very much for being here.

(Applause)

Ms. González-Rojas for the purposes of a

introduction.

MS. GONZÁLEZ-ROJAS: Thank you, Mr. Speaker.

I am so excited to welcome the Lexington School of the Deaf, their

CEO and Superintendent Russell Wells [sic] and their incredible staff,

and 21 of their students who are here to visit the Capitol. The

Lexington School of the Deaf was founded in 1864 when a first -- a

class of six children and an instructor that convened to learn in the

home of Isaac and Hannah Rosenfeld. The school grew over several

years until it relocated in 1968 from Lexington Avenue in Manhattan

to its new home in East Elmhurst Queens in my district. Today, the

Lexington School of the Deaf has a student body of over 350 folks

making it the largest school of the deaf in New York. It has been

recognized at the local, national and international levels for their

pioneering programs, including the first nursing program for deaf

children on the East Coast, a research department to promote the

investigation of educational development and vocational issues, and a

special education unit for deaf children of all ages. I am proud to

share that the school also provides comprehensive services via its

affiliates, including a Mental Health Service Center, the Hearing and

Speech Center, and the Lexington Vocational Services. In fact, my

office has partnered with them for this month which is Better Hearing

and Speech Month to provide free hearing screenings for the

NYS ASSEMBLY MAY 23, 2023

community. And, the Lexington -- the students of the Lexington

School of [sic] the Deaf have come here today to our State's Capitol to

play basketball. And so it is with great pride that I join you, Mr.

Speaker, in welcoming everyone to join us tonight at the KIPP Tech

Valley School Gymnasium at 321 Northern Boulevard tonight at 6

p.m. for the 26th Annual Esther Lustig Memorial Basketball Classic

during which our students will face off against the All-Star members

of the Senate and the Assembly right here in the Legislature.

So as a person with a hearing disability myself, a

client of their hearing and speech center, as a mom, as a very proud

Assemblymember for the Lexington School of [sic] the Deaf, I would

like to just name the students that are here with us: Christian De La

Cruz (phonetic), Steven Fang (phonetic), Salvador Fazino (phonetic),

Naquad Sexton (phonetic), Juan Valdez (phonetic), William Mora

(phonetic), Joslyn Oliveraz (phonetic), Tiacha (inaudible), Malaca

Lewis (phonetic), Shana Amachad (phonetic) and Ricardo Rosairo

Friaz (phonetic). And please extend the cordialities of the House to

our wonderful students from the Lexington School of [sic] the Deaf,

and let's root them on tonight.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Ms. González-Rojas, the Speaker and all the members, we welcome

this distinguished, this great school, this body of students who have

come here to not only learn about Albany, but to in fact compete

against Albany. We beg your indulgence for the beating that you're

going to give us tonight. We appreciate the fact (inaudible/mic cut

NYS ASSEMBLY MAY 23, 2023

out) in a row and that there is a real bond between the Lexington

School and the New York State Assembly and Senate. Know that you

are always welcome here, know that you always will have privileges

of the floor. Thank you so very much, gentleman and ladies.

(Applause)

Mrs. People-Stokes for the purposes of an

introduction.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker, for the opportunity to introduce one of our former

colleagues. He is in Albany today. He usually is here a few times a

year, he would bring his daughter and I understand he's got to be back

today for a recital, but if you could please welcome our colleague, Mr.

Cusick, back to our Chambers today and give him all the cordialities

of the floor, sir. Thank you so much.

ACTING SPEAKER AUBRY: Certainly. Michael,

once a member, always a member. You've heard it a million times,

it's true again today. You always have the privileges of the floor. It's

great to see you, hope that you are doing well, understanding that we

miss you as much as you miss us. Thank you so very much. And as I

tell members, I still keep the most famous photo that I've ever taken

up here of you and your daughter here. Thank you so very much.

Glad to have you, Mike.

(Applause)

Mr. Cunningham for the purposes of a introduction.

MR. CUNNINGHAM: Mr. Speaker, thank you so

NYS ASSEMBLY MAY 23, 2023

much for the opportunity to bring greetings and welcome. Medgar

Evers is very famous in Brooklyn. We have a train station, a college,

and also a high school. Today, we have our high school here, Medgar

Evers High School. We wanted to just welcome them to the floor and

give them the full cordialities of the floor. Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Cunningham, the Speaker and all the members, we welcome

you here to the New York State Assembly. We extend to you the

privileges of the floor. You have also our great wishes for your

futures. We know they will be bright. Continue to follow the straight

and direct path that you have towards excellence in education and in

life. Thank you so much for being here.

(Applause)

Mr. Jones for the purposes of an introduction.

MR. JONES: Mr. Speaker, I rise today to introduce

students from the State and Local Government Class from Clinton

Community College. Their professor, Tom Mandeville, has been

teaching at Clinton Community College since 1990 and has been

bringing students down to Albany annually. I'd like to welcome them

here today and hope that they may have a great experience learning

about the legislative process firsthand.

With us today are: Sam Hooker, Macy Hosler,

Angela Lawler, Aoife Lawliss, Richard Mason, Jesse McLean, Braden

Peluso, and accompanying them today were Matt Bergeron and, of

course, Professor Thomas Mandeville, who knows this building better

NYS ASSEMBLY MAY 23, 2023

than some of us. Mr. Speaker, I'd ask that you extend all of the

cordialities of the floor to the students and their chaperones and

welcome them to the People's House.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Jones, the Speaker and all the members, we welcome these

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

privileges of the floor. Hope that your time here will be beneficial and

that your observation of the New York State Assembly will leave an

impression on you that may lead you one day to seek a seat here.

Thank you again for your attendance. Please know that we welcome

you always. Thank you.

(Applause)

Mr. Alvarez for the purposes of an introduction.

MR. ALVAREZ: Thank you very much, Mr.

Speaker, for allowing me to do this second introduction. And as I

said, today we celebrate the second Annual Dominican in Albany, and

I would like to take this opportunity to welcome over 40 bodega

owners, over 40 bodegas. And as you know, bodega has been

consistent support, consistent in New York City since the early '90s.

These historic stores have kept the City alive, serving the community

and its constituents, the culture within these store is innumerable.

There is no better way for New York to show bodega owner the

proper gratitude they deserve after keeping our community afloat after

so many decades. That's why I am introducing today a resolution

proclaiming June 25th, 2023, as El Dia Del Bodeguero. Mr. Speaker,

NYS ASSEMBLY MAY 23, 2023

please welcome them and show them the cordialities of the People's

House.

ACTING SPEAKER AUBRY: Certainly. On behalf

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

distinguished group here to the New York State Assembly, extend to

you the privileges of the floor. Our thanks for the work that you have

done keeping New York City alive through your stores and your

interest in your own communities. (Inaudible/mic cut out) Again,

thank you so much for being here and we hope you will return soon.

Thank you.

(Applause)

Ms. Shimsky for the purposes of a introduction.

MS. SHIMSKY: Thank you very much, Mr.

Speaker. I -- I rise to introduce Zac Schwartz. He is volunteering in

my district office while awaiting graduation from Irvington High

School. He is an extremely civic-minded young man. He is also

volunteering with the Tarrytown Fire Department. He is in the district

office, but he wanted to come up to Albany one day to get some

perspective on how the sausage is made. So I ask you to welcome

Zachary and extend to him all the privileges of the floor.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Ms. Shimsky, the Speaker and all the members, sir, we welcome

you here to the New York State Assembly. We extend to you the

privileges of the floor. And like sausage, we may not look good being

made, but we taste a lot better, all right? Thank you so very much.

NYS ASSEMBLY MAY 23, 2023

We're happy to have you. Thank you.

(Applause)

Ms. Fahy for the purposes of an introduction.

MS. FAHY: Thank you, Mr. Speaker. I rise today to

welcome a number of Albany High students who didn't realize were

coming up, but as part of their class, and it's two classes headed by Ms

-- their teachers, Mr. Fitzsimons as well -- Mr. Fitzsimons as well Ms.

Leah Evans, to advocate for AP, Advanced Placement, classes and

broadening the access because they enjoy their AP classes so much.

I'm a proud parent of two Albany High students, so very pleased to

think that I can be here to welcome these students including their

promotion of AP courses. Mr. Speaker, if you would welcome them

and grant them the cordialities of the House, thank you.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Ms. Fahy, the Speaker and all the members, we welcome these

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

the privileges of the floor. Thank you for coming and advocating for

your own better education and the education for those who will follow

you, and to your teachers and guidance folks, thank you, you're doing

a great job in developing young minds and young students for

leadership of tomorrow. Thank you so very much.

(Applause)

Mr. DiPietro for the purposes of a introduction.

MR. DIPIETRO: Thank you, Mr. Speaker, for the

purposes of an introduction, I'd like to introduce Tatyana Tymkiv.

NYS ASSEMBLY MAY 23, 2023

She's a Ukrainian National. She represents the Ukrainian National

Women's League of America. She is the branch president. And then

also Slaga Meetras (phonetic), great friends of mine. She represents

the Jewish Federation of Greater Rochester of the Women's

Philanthropic. Also, Slaga (phonetic) herself represents the Hillel

Jewish Community School, and they were here today bringing their

students to -- to meet with all of us and to -- here representing the

need to fight anti-Semitism in our schools. If you would please give

them the cordialities of the House, that would be greatly appreciated.

Thank you, sir.

ACTING SPEAKER AUBRY: Certainly. On behalf

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

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

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

Know that you're well-represented here in Albany, and we appreciate

the friendship that you have shown with our members, as well as this

State. Thank you so very much.

(Applause)

Mrs. Peoples-Stokes for the purposes of a

announcement.

MRS. PEOPLES-STOKES: Mr. Speaker, if you

could please call the Banks Committee to the Speaker's Conference

Room.

ACTING SPEAKER AUBRY: Thank you so very

much. Banks Committee, Speaker's Conference Room immediately,

NYS ASSEMBLY MAY 23, 2023

please.

Go to page 6, Rules Report No. 159, the Clerk will

read.

THE CLERK: Assembly No. A05212, Rules Report

No. 159, Wallace, Aubry, Jean-Pierre, Seawright, Epstein, Taylor,

Cruz, Simon, Dickens, Cook, Otis, Reyes, Colton. An act to amend

the Public Authorities Law, in relation to gender balance in State and

local public authorities; and providing for the repeal of such

provisions upon the expiration thereof.

ACTING SPEAKER AUBRY: An explanation is

requested, Ms. Wallace. One minute, Ms. Wallace. Let's kind of see

if we can settle the House down.

MS. WALLACE: So thank you, Mr. Speaker. This

ACTING SPEAKER AUBRY: Not quite yet, not

quite yet. Members, please take your seats, please. If you are

departing, do it now and quietly.

Proceed, Ms. Wallace.

MS. WALLACE: Yes, thank you, Mr. Speaker. So

this bill would amend the Public Authorities Law to create a

preference for women to be appointed on State and local boards.

ACTING SPEAKER AUBRY: Ms. Walsh.

MS. WALLACE: Pardon me, let me clarify. Public

Authority Boards.

ACTING SPEAKER AUBRY: Ms. Walsh.

NYS ASSEMBLY MAY 23, 2023

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

sponsor yield for some questions?

ACTING SPEAKER AUBRY: Ms. Wallace, will

you yield?

MS. WALLACE: Yes.

MS. WALSH: Thank you very much. So I've

actually debated this bill before but not with you, so what -- what I'm

really interested in knowing I guess first is you mentioned that this

applies to State and Local Authority Boards, correct?

MS. WALLACE: Yes.

MS. WALSH: Do you happen to know how many

there are?

MS. WALLACE: Several hundred at the local level

and I do have that number somewhere, give me a second.

(Pause)

Well, okay. Here we go. Yes. I think there's

approximately 531 local authorities, including 109 IDAs and 292

non-profits -- not-for-profits.

MS. WALSH: Thank you. And could you just

explain how this -- how this bill would work.

MS. WALLACE: Yes. So when there is a vacancy

on any of those boards, the board would solicit applications, and when

those applications came in, a preference would be granted in favor of

women for the position. It's just a factor, it's not dispositive, but it is a

preference to be considered by the individuals who are doing the

NYS ASSEMBLY MAY 23, 2023

appointing.

MS. WALSH: So yeah. So the way that I see the bill

is there are three pieces to it. There's the -- the creation of the list, the

recommendations for appointment, or the -- yeah, the

recommendations. The appointment itself, and then reappointment as

the case -- as the case may be. Would you agree with that?

MS. WALLACE: Well, I would say the appointment

and the reappointment are probably the same thing.

MS. WALSH: Right, probably. Yeah, that's right

because for an existing board --

MS. WALLACE: It's a vacancy.

MS. WALSH: -- because it's a vacancy, okay. So as

far as the actual creation of the list for people to be considered for

appointment or reappointment, does that list have to be gender

balanced, the list itself?

MS. WALLACE: No, I think -- well, I think whoever

applies would -- and is qualified would be on the list.

MS. WALSH: Okay. So is there any requirement

then under the -- the bill that -- okay, so I'm looking at the bill, let's

see, that talks about, let's see if I can give you a line, under Section 3,

"All appointive State and local authorities heretofore or hereafter

established by law or resolution shall have recommendations for

appointments or reappointments that are gender balanced as provided

by this section." So does that mean that the actual list of

recommendations must be gender balanced? That's the way I'm

NYS ASSEMBLY MAY 23, 2023

reading that section of the law.

MS. WALLACE: Yeah, I guess -- yeah, now that

you point that out, I do -- I do agree with you. I think that, you know

the factors should be considered even when making the

recommendation on the list and then also when the appointment itself.

MS. WALSH: Okay. So just take for an example,

you know, I -- I represent in some parts of my district, kind of rural

areas. What -- we always have a hard time whether it's filling -- and I

know that that doesn't cover here, but like a planning board or a

zoning board or even a town board position, sometimes it's just really

hard to find people that are interested and qualify to serve. What if

you have that situation where you just -- you're having a hard time

despite best efforts finding interested, qualified women to go onto that

list. What -- what it says under Section 3 that I just read that they

shall have recommendations that are gender balanced. What is that

State or local authority to do?

MS. WALLACE: Well, I think that there are

certainly a lot of qualified women who would be interested if there

was a conscious effort being made to reach out and -- and encourage

them to apply. I don't necessarily think that that is the case right now

so this is really a bill that says we need to make a conscious and

deliberate effort to encourage women and to really think about how

important it is to have gender diversity on these government boards.

MS. WALSH: Okay. Well -- and -- and the bill

doesn't actually specify how they're -- - they're supposed to do that.

NYS ASSEMBLY MAY 23, 2023

We know that in private industry, for example, Goldman Sachs has

come out with their own policy that -- that company of saying we

want to have at least X number, not so much a -- a quota, per se, but to

really encourage more women to sit on that board. But taking some of

these local authorities, what if despite their best efforts they can't --

they cannot find qualified, interested -- interested is another point,

interested women in serving on these boards. I think we all agree that

the idea -- I mean we're -- we, in this Body, have representation of

both men and women and we believe that the work that we do in this

Body is improved because we have that diversity, that gender

diversity, and I'm not questioning that at all. But I'm just saying, what

do you -- you know, what do you do if you -- if you can't, despite best

efforts, find a list with qualified, interested women who are willing to

step up and serve on this -- on a particular board?

MS. WALLACE: There's -- there's nothing in this

bill that would say that if somebody isn't qualified they must be

appointed to the board. It's just saying that, you know, there's -- when

there is -- that as part of the solicitation process, when a vacancy is

available, that a conscious effort should be made to consider gender

amongst the pool of people who have expressed interest and who are

qualified to consider gender in making the ultimate selection.

MS. WALSH: Well, I think -- I think it's actually

interesting to me that while the bill talks about gender and balance, it

does not talk about candidates who are interested. It does not talk

about candidates who are qualified. Those words aren't used in the

NYS ASSEMBLY MAY 23, 2023

bill at all. Those are words that I used because I think that they're

important when figuring out who's going to serve on different boards

but the -- but the language of the bill just only speaks to gender.

MS. WALLACE: Well, I don't think that -- I would

hope that no board is going to select somebody who's not qualified

and not interested in serving. So I don't really think that that needs to

be outlined.

MS. WALSH: I would -- no, I would hope so, too,

but when you -- and we're both attorneys --

MS. WALLACE: I mean, there's no law right now

and I would imagine the existing boards that we have, I would hope

that everybody on those boards are both qualified and interested in

serving.

MS. WALSH: I -- I would agree with you. However,

adding this layer or this requirement to the selection process that's

already used, that when it only speaks to gender and uses the word

"shall," not "may" or "should encourage" or something softer, but uses

the -- the mandate and directive of "shall," my concern is that -- my

concern is that you may end up creating a list of including women

who may not be -- may be -- may be qualified by virtue of being a

woman, by meeting that gender requirement but may not be

particularly that interested or that qualified. And I think that that's --

that's one of the issues that I've got with the bill.

So we've talked a little bit about the creation of the

list for recommendations. Now let's talk about the actual appointment

NYS ASSEMBLY MAY 23, 2023

or reappointment, which I would agree with you for an existing board

it's really largely the same thing. Take the example of you've got, say

a man who is coming up at the end of his term on a particular board,

he has served well, he is definitely qualified, he is definitely interested

in continuing to serve. His appointment is coming -- or his

reappointment is coming up, you've generated a list where you have

men and women on this list, including the person that's currently

serving. If you have a board that is all male, can that board, or can

they reappoint the man that has continued to serve, because under this

legislation it talks about the power of the preference getting stronger

the more male the existing board is. I'd just like to get your thoughts

on that.

MS. WALLACE: Yeah, so it is inversely

proportionate. So the -- the stronger the consideration -- the less

diverse the board, the stronger the consideration; I would agree with

that. But, yet again, it is not a quota, it is a factor. So I would have a

hard time believing that there wouldn't also be an equally qualified

woman who might be interested in applying and if that's true, there

would be a preference for that woman, but that doesn't mean that that

woman would automatically get it. Again, it is a factor to be

considered.

MS. WALSH: Okay. I'd like to turn your attention,

though, to Section 4 of the bill and -- and I'm just going -- I'm just

going to read this part, "An appointing power shall make one;

recommendations, two; appointments and three; reappointments to

NYS ASSEMBLY MAY 23, 2023

State and local authorities in a manner which will ensure a gender

balanced appointment or reappointment for each public authority." So

in the hypothetical that I gave you, how does that give them leeway to

select that man and reappoint him as qualified and as interested and as

dedicated to his service as he has been when you have a gender and

balanced board under Section 4 of this, how do you do that?

MS. WALLACE: Well, I guess under your

hypothetical, is there also an equally qualified woman?

MS. WALSH: Well, again, the word "qualified" isn't

used in the bill, but there is a woman on the list. So does the woman

get chosen or can the man be reappointed?

MS. WALLACE: Well, it would be a fact to be

considered, ultimately.

MS. WALSH: Okay.

MS. WALLACE: There's no -- there's no mandate to

-- to nominate the woman. It is just a factor to be considered. The

stronger, the more -- the strength of sort of the weight is stronger

when there's less men on the board, but I think one thing that you're

missing is that one thing that has been shown is study after study after

study has shown that public -- that boards in general benefit from

diversity of voices. I mean, there are tons of studies that support this

proposition. So to -- one thing that's missing I think from your

analogy or your hypothetical is that the board itself and the public

wouldn't benefit from the voice of a woman. So it's not just giving the

woman creative -- but that's one of the criteria, one of the reasons

NYS ASSEMBLY MAY 23, 2023

behind the bill is because in general, we know that a diversity of

boards does result in more innovation and more creativity and so these

are public boards. It would benefit not only the individuals but also

society to have a woman's voice in the room.

MS. WALSH: Yeah, and as I said before, I don't

dispute the fact that all other things being equal, that having, you

know, all other things being equal that it wouldn't be a bad idea to

have both genders represented on a particular board. But, again,

focusing on that Section 4, it says that "the reappointment must be

made, shall be made, in a manner which will ensure a gender balanced

appointment or reappointment for each public authority." It says

"will." So you can -- you can tell me that -- that there's no quota, and

I -- I would agree with you that this legislation doesn't say there must

be X percentage or X number per board, that is true, but the way that

the preference is structured, given the example that I gave you, I

believe that the public authority would be constrained to tell that

well-serving experienced board member, bye, thanks for your service;

under this legislation we must, we shall, in order to create a gender

balanced reappointment, we must put the woman on in your place.

And I don't think that that's really fair, you know. I don't think that

that's fair, and I think that that's my -- that's my problem with the bill

and that's I think the part of the problem that other members do have

with this bill.

MS. WALLACE: If I may, let me just clarify.

MS. WALSH: Sure.

NYS ASSEMBLY MAY 23, 2023

MS. WALLACE: So I think you're taking Section 4

out of context of the rest of the bill, because while it does say, "Shall

make recommendations and appointments to ensure gender balanced

appointment." If you go back to Section 2a of the bill, gender

balanced is defined as "providing women candidates with a

preference." So I don't think it's a mandate. It's again just saying that

there would be sort of a preferential factor to be considered when

there is an opening.

MS. WALSH: Yeah, I just think that -- I think that

there are two competing ideas within the legislation, and I've tried to

bring this out when the bill was debated in previous years. And I -- I

do think that if it really truly is the legislative intent to only create

more gender balance by getting more women on the list, if it was

trying to get more women on the list from which to select qualified

individuals to serve, I would have no issue with that. My issue comes

with appointment or reappointment itself is being made off of that list,

that if you have a male-dominated board currently, you can say that

it's just a factor, it is just a preference but that language in Section 4 I

think is a real problem, because I think that we know their quota is not

supported by the Supreme Court Case, U.S. v. Virginia, but it really

ends up operating in a much more directive way than just a -- than just

a preference. So I -- I think at this point I want to thank you for your

answers and I'd like to -- I know I'm coming close to the end of my

first 15 and if I spill over, I'd like to continue to take a little bit more

time. But I'd like to go on the bill, Mr. Speaker.

NYS ASSEMBLY MAY 23, 2023

ACTING SPEAKER AUBRY: You may go on the

bill, and you will be on the second 15.

MS. WALSH: Thank you very much. So I

appreciate the -- the rationale behind trying to make sure that our State

and local public authorities have both qualified men and qualified

women serving. I think that the way that the legislation is written,

though, is a problem. And I think that the problem really comes from

the language that I questioned the sponsor about which says that when

you're developing -- not only when you're developing the list of

individuals to recommend for vacancies and appointments, but also

when you're making those appointments or reappointments it shall be

done in a manner which will ensure a gender balanced appointment or

reappointment. And what I'm afraid of, and I think what none of us

want, we know that with over 500 of these authorities spread

throughout the State, we rely upon individuals who are willing to step

up and to serve on these boards. And sometimes a -- sometimes a

board has a huge waiting list of many people just -- just chomping at

the bit and really dying to serve on these boards. In other areas, it's

very difficult.

So as I used in the example, what if you have an area

where it's very difficult to find women to want to step up and serve?

Do I think that we could all encourage and encourage more women to

participate and to -- and to lean in and to try and participate on these

boards, and should more efforts be made? Absolutely. Do I think that

there should be this piece of legislation which is creating a -- a -- a

NYS ASSEMBLY MAY 23, 2023

preference, I would argue it's a little bit more than a preference the

way that it's actually worded. I think that that goes a little bit too far.

And so for that reason, there is opposition to this bill,

we've had opposition as we voted on it in the past, and I think that we

will continue to do so. I think that in the end, I think what all of us

really want is that we want interested, qualified people, hopefully of

both genders serving on boards throughout the State, but I think the

way we do it is -- has got to be I think more -- less -- less of a mandate

and more of trying -- trying to encourage women to -- to do so rather

than through this piece of legislation and what it requires. So for

those reasons, I'll continue to be in the negative on this bill. I would

encourage my colleagues to think about it and to do the same, and I

thank the sponsor for her answers to all my questions. Thank you, Mr.

Speaker.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect August 1,

2023.

ACTING SPEAKER AUBRY: A Party vote has

been requested.

Mr. Goodell.

MR. GOODELL: Thank you, sir. The Republican

Conference is generally opposed to this. Those who support are

certainly welcome and encouraged to vote in favor of it here on the

floor. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

NYS ASSEMBLY MAY 23, 2023

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

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

this piece of legislation. We will be voting in the affirmative.

ACTING SPEAKER AUBRY: Thank you.

The Clerk will record the vote.

(The Clerk recorded the vote.)

Ms. Wallace to explain her vote.

MS. WALLACE: Thank you, Mr. Speaker, for

giving me the opportunity to explain my vote. This bill requires that

when making appointments on State and local authority boards, a

conscious effort be made to diversify the board by requiring gender to

be a factor, not dispositive, but a factor, to be considered when

making an appointment. The bill seeks to overcome the implicit bias

that currently exists, which has resulted in women being

unrepresented on very important government boards.

The bill, in my mind, serves two compelling State

interests. One, it would give women more of an opportunity for their

voice to be heard, and to benefit from the prestige and the networking

and the resume building and the influence that comes with these

prestigious appointments. Second, the boards and the public

themselves would all benefit from diversity of voices. Study after

study after study has shown that boards perform better, make better

judgments and have better outcomes when there is a diversity of

voices on their boards.

NYS ASSEMBLY MAY 23, 2023

So for that reason, diversity fosters creativity and

innovation, and so it would benefit basically all of New York State to

have that diversity of voices on the boards. So for that reason, I vote

in the affirmative. Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Ms. Wallace in the

affirmative.

Mr. Goodell to explain his vote.

Shh.

MR. GOODELL: Thank you, Mr. Speaker. As we're

here on the floor of the Legislature, we vote on bills that -- and we

vote on the language of the bill. And sometimes what we want to

accomplish and what the bill language says can be different. And so I

appreciate the sponsor's desire that we seek gender balance on boards

and commissions, and that that be a goal. A goal I and many of my

colleagues support. But the actual language of the bill is much

stronger than that and creates real challenges, because the actual

language of the bill says that an appointing power shall make

recommendations in a manner that will ensure gender balance. Shall

is not a factor, it's not encouraging, it's mandatory. And the word

"ensure" gender balance, is also mandatory.

And then if that's not convincing enough, it goes on

to say that, you know, again recommendations must be based on

gender. The definition of discrimination is when you give a

preference to one individual over another individual based on factors

that are outside of the individual's power. And our gender, by and

NYS ASSEMBLY MAY 23, 2023

large, is outside our power. You are either born a male or female, and

I understand that can get more complicated as life goes on, but we

should be making all the appointments based on the qualifications of

the individual, what they bring to the table, their experience, their

background, their knowledge, and not on factors that are inherently

outside of the scope of their control and unrelated to their ability to

serve in an admirable manner. For that reason, I will not be

supporting it. Thank you, sir.

ACTING SPEAKER AUBRY: Mr. Goodell in the

negative.

Mrs. Peoples-Stokes to explain her vote.

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

opportunity to explain my vote. I want to first of all rise and

commend the sponsor for even thinking that we should create

opportunities for boards and authorities to consider the diversity on

who serves in their house and in their respective places. Not many

years ago, Mr. Speaker, as you know, historically this country has

never really thought about who was the most qualified to serve in

positions. They've always thought about who's the right man to be in

positions. And I think that it makes sense for us now at this point in

America, of course we can only deal with New York State right now,

but soon others will follow, is that you do want to give women an

opportunity to serve now. If you are not able to find the right woman

that's interested, has the expertise to serve, I'm almost sure we can

easily move back to where we've always been in this country, is just

NYS ASSEMBLY MAY 23, 2023

selecting the right man to serve in that position.

And so I think at this point it really makes a lot of

sense for us on a common sense basis think about including the value

that women will have to add to all of these multiple authorities and

boards across the State. So thank you to the sponsor for introducing

it, and I honor my colleagues in their opposition thought. I do honor

that thought. I think they put a lot into formulating their thoughts on

it. They read the words, they looked up the definition of the words

and they somehow see something exclusionary; I don't. I agree with

the sponsor and I'm happy to vote in favor of it.

ACTING SPEAKER AUBRY: Mrs. Peoples-Stokes

in the affirmative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Page 18, Calendar No. 176, the Clerk will read.

THE CLERK: Assembly No. A05772, Calendar No.

176, Lavine, Simon, Wallace, Simone. An act to amend the Civil

Practice Law and Rules, in relation to an affirmation by any other

person, wherever made, in a civil action.

ACTING SPEAKER AUBRY: An explanation is

requested, Mr. Lavine.

MR. LAVINE: Thank you. This bill allows anyone

to submit an affirmation under penalty of perjury in a civil action

instead of being forced to execute an affidavit in front of a notary

NYS ASSEMBLY MAY 23, 2023

public.

ACTING SPEAKER AUBRY: Ms. Walsh.

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

sponsor yield?

ACTING SPEAKER AUBRY: Mr. Lavine, will you

yield?

MR. LAVINE: Of course.

ACTING SPEAKER AUBRY: The sponsor yields.

MS. WALSH: Thank you so much. So your

explanation was great, it was short. I just have a couple of questions

just to clarify what we're doing here. What -- first of all I guess, big

picture, why do we -- why do we need to do this, why do we need to

enact this legislation?

MR. LAVINE: Well, we will then join 20 other

states that have abandoned this ancient requirement, and it is ancient,

going back thousands of years, to have documents notarized. So on a

personal level, I'm happy we're doing this because I've lost quite a few

friends when I was a notary when I would not notarize the signatures

of their dead parents, but that's just a personal, a personal issue.

MS. WALSH: Mm-hmm.

MR. LAVINE: These requirements for notaries to

execute affidavits go back more than, just about 4,000 years to

Ancient Egypt and to Rome at a time when illiteracy was rampant.

We no longer face that dilemma; we have plenty of dilemmas but

that's -- that's one we don't face. So we can join the Federal courts,

NYS ASSEMBLY MAY 23, 2023

which have abandoned this requirement years ago, and the fact of the

matter is is that if you affirm under the penalty of perjury, it is -- it

carries every bit as much weight as an affidavit executed in front of a

-- a notary public.

MS. WALSH: Are there any instances where the

notary public will be necessary in order to assist in the execution of

documents used in court after this legislation is passed?

MR. LAVINE: We're dealing only with matters in

the civil courts.

MS. WALSH: Okay. So the criminal courts is a

separate -- separate matter. And the affidavits -- or the -- pardon me,

the affirmations that will be submitted can be from anyone, not just a

party to an action, but anybody, a witness, anybody.

MR. LAVINE: Yes.

MS. WALSH: Okay. Because I was -- I had to go

back and research, but under current law an attorney admitted to New

York practice, a physician, an osteopath or a dentist, they can all

currently utilize the affirmation now. This would just expand it to

everybody else?

MR. LAVINE: Yes.

MS. WALSH: Okay. So, the -- what -- to me, the

purpose of a notary is to, one, verify the signer's identity, and two, to

-- to try to ascertain their willingness to sign the document, at least as

far as they can -- they can tell. So do you see any problem with

eliminating a notary when you consider those two aspects?

NYS ASSEMBLY MAY 23, 2023

MR. LAVINE: No. The -- whatever is going to be

signed carries with it prosecution for perjury, and -- and that ought to

be sufficient indicia of reliability.

MS. WALSH: Okay. So like, for -- for example, just

from my own -- from my own personal experience, I was -- I was

asked one time to meet with somebody and take their -- take their

notary on a document, and I met with the individual and that

individual was clearly very confused, did not know -- was not -- in the

medical world you'd say that they weren't oriented to time and place,

did not know what day it was, didn't know who the President was and

I refused to notarize the document. If that person just signed an

affirmation after -- under this legislation, you -- the court may have

really no idea about whether that individual knew what they were

doing at the time they did it, and that's really what the notary's -- or a

part of the notary's role is. So going back to that idea, isn't that -- isn't

that a problem? I mean, yeah, the person is signing it under penalties

of perjury but they might not know who the President is, so...

MR. LAVINE: This is -- everything we do is a

matter of balance. And if the dangers were rife the Federal Judiciary

system would not have abandoned this anachronism years ago, nor

would 20 other of our sister states.

MS. WALSH: Well, I believe we have 49 of the

other states in the Union that adopt a -- a different standard when

making bail determinations and we haven't gone that way, so we don't

always follow the act. So in this case you think it's a good idea,

NYS ASSEMBLY MAY 23, 2023

though.

MR. LAVINE: But we -- but we do follow the path

of -- of our own -- I'm sorry, I'm sorry, Mr. Speaker, it's -- I'm just

having a tough time hearing because of the --

ACTING SPEAKER AUBRY: Certainly, thank you.

Members, please?

MR. LAVINE: Thank you.

ACTING SPEAKER AUBRY: Let's show some

respect.

MR. LAVINE: On -- on the subject of 49 other states

or 48 other states and the issue of dangerousness in terms of bail, we

have our own very proud New York history, and New York has

always been at the forefront of the battle for equal rights and justice.

And that consideration -- and I can share with you how I know this

because a long time ago I worked in the courts and made

recommendations to the judges about who should be released and who

shouldn't based on verifiable bail facts. My recommendations were

treated -- treated -- were not considered at all. It was a terrible

system. A terrible system involving bail bondsmen at every street

corner near every courthouse in the State of New York with the bright

neon signs. That -- that consideration of dangerousness has never

been part of our system of justice in the State of New York, and that's

assuming --

MS. WALSH: Maybe that's a conversation for

another day.

NYS ASSEMBLY MAY 23, 2023

MR. LAVINE: Assuming someone could define --

MS. WALSH: Let's talk about the bill itself.

MR. LAVINE: Assuming someone could define

what dangerousness actually really means. But I just wanted to

respond to your oblique reference with a lengthy (inaudible).

MS. WALSH: Well, thank you for putting such a

fine point on your opinion. Maybe we can talk about the bill itself,

though. Part of what a notary does is verifies the identity of the

person who is asking to have their -- their signature verified. A

current government ID card with a photo, a physical description and a

signature, or two current documents issued by a business entity,

institution, Federal or State government with the individual's signature

will suffice for a notary. So for example, a driver's license, a passport

or government-issued non-driver ID card which is unexpired and

current are considered to be appropriate for verifying identity. If an

affirmation simply comes in from, say, a non-party in a civil matter,

how will the court know whether this -- the identity of the person is --

they are who they say they are? Are you -- are we just going to rely

upon the parties to the matter to try to bring -- bring any concerns to

the court? Won't this just require the court to engage in perhaps

protracted hearing and, you know, an examination of the authentic --

authenticity of the person who's signing an affirmation?

ACTING SPEAKER AUBRY: Mrs. Peoples-Stokes,

why do you rise?

MRS. PEOPLES-STOKES: Thank you for allowing

NYS ASSEMBLY MAY 23, 2023

me to interrupt our procedure so that we can call the Consumer

Affairs Committee to the Speaker's Conference Room, please, sir.

Thank you.

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes. Consumer Affairs, Speaker's Conference Room.

And we have an awful lot of activity in and around the Chamber. I'd

really appreciate it if people would sit down. And if people are

traveling through the Chamber, take another route. I see a lot of

people are just moving right past. This is not a showplace. Members

will take their seats. Staff that is not necessary, please sit in the back.

MR. LAVINE: Is it show time again? So, perhaps --

ACTING SPEAKER AUBRY: Proceed. Did you

finish your question, Ms. -- Ms. Walsh?

MR. LAVINE: I -- I do remember it, and the answer

is no.

MS. WALSH: So a court -- how is the court going to

ascertain whether the person that presented this affirmation is who

they say they are and that it was voluntary if they don't themselves

appear in court? Is the court just going to be relying upon the other

parties to make allegations that it wasn't knowing or voluntary or that

the person isn't who they say they are? Is this something that just

brings up -- that -- doesn't that bring it all into the court where a notary

public's job resolves that issue largely outside of court?

MR. LAVINE: Well, that -- that's if -- if we assume

that every notary follows the letter of the law, and that may be

NYS ASSEMBLY MAY 23, 2023

debatable. But I'm not casting aspersions on notaries considering I'm

an ex-notary myself. But, I mean, the same logic that concerns you is

-- is the same logic that goes into the first section of 2106 where

doctors, lawyers, osteopaths, I don't remember if it's podiatrists or not,

but there's a few others.

MS. WALSH: Dentists.

MR. LAVINE: And dentists don't have to go have

things notarized.

MS. WALSH: Thank you very much.

Mr. Speaker, on the bill.

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

MS. WALSH: Thank you. So I -- I guess, you know,

what I thought of when I saw this bill was kind of the old saying that if

it ain't broke, don't fix it. I don't -- I don't know what's the matter with

our current law, the way that it allows notaries to -- we have -- in 2017

there were approximately 291,000 commissioned notary public in -- in

New York State. They're not hard to find. Most of them don't even

charge for their services. And, you know, what they do is a very

important service. They verify the identity of the person coming in

front of them, they check their ID, they make sure that the person is

who they say they are, and they also can assess whether the person is

willing to sign the document. We don't want coerced signatures on

documents. We don't want coerced statements. We don't -- we don't

want statements that the -- where the affiant clearly doesn't understand

what they're signing, and a notary performs a very important role in

NYS ASSEMBLY MAY 23, 2023

trying to figure that out. And I'm appreciative of the fact that other

states have a different point of view, but I -- I believe that in New

York State I hope that, you know, we -- we prefer not to cut corners in

the state of expediency. I think that in this case, the role of the notary

is an important one and I think it's one that we should be maintaining.

So for those reasons I'll be opposed to this particular

piece of legislation. I would encourage my colleagues to also vote in

the negative. Thank you very much, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you, ma'am.

Read the last section.

THE CLERK: This act shall take effect January 1st.

ACTING SPEAKER AUBRY: A Party vote has

been requested.

Mr. Goodell.

MR. GOODELL: Thank you, Mr. Speaker. The

Republican Conference is generally opposed for the reasons

mentioned by my colleague, but those who support this legislation are

certainly encouraged to vote yes here on the floor of the Assembly.

Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

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

of legislation. Perhaps there are some exceptions, but this is a good

piece of legislation. Thank you, sir.

NYS ASSEMBLY MAY 23, 2023

ACTING SPEAKER AUBRY: Thank you, ma'am.

The Clerk will record the vote.

(The Clerk recorded the vote.)

Mr. Goodell to explain his vote.

MR. GOODELL: Thank you, sir. I'll be generally

opposed for the reasons mentioned by my colleague. I would also

mention, though, that we currently provide four exceptions for

licensed physicians, dentists, accountants, I think, and lawyers. And

the difference between that and opening it up for everyone else is

those particular professions have a license that backs up everything

they do, and that license ensures that they take these affirmations very

seriously. The last thing we want to do is question whether or not an

affirmation we get from somebody who might work for one of those

others as being coerced or is not otherwise freely given or that there's

a question whether or not the person was the person they claim to be.

So I appreciate my colleague and the sponsor's desire

to make life easier by eliminating notaries. You know, it's a balancing

act for all of us and I come out on that balancing act with the current

process that we have. Thank you, sir.

ACTING SPEAKER AUBRY: Mr. Goodell in the

negative.

Mr. Lavine to explain his vote.

MR. LAVINE: Thanks. Just a few words from the

State Bar Association, which supports this measure. An undue burden

falls on unrepresented parties when they need to file a sworn

NYS ASSEMBLY MAY 23, 2023

document such as an affidavit in civil actions. This requirement poses

a barrier to access to justice for anyone unrepresented and for those

who do not have easy access to a notary. In many parts of the -- of

the State, especially in the more rural or remote parts of the State,

especially outside cities, finding a notary is difficult and presents a

huge challenge to those unable to travel or with limited public

transportation options.

Since 1976, Federal law has allowed us to do this.

The same affirmation ought to be acceptable from everyone in the

United States. I'm voting in the affirmative. Thank you.

ACTING SPEAKER AUBRY: Mr. Lavine in the

affirmative.

ACTING SPEAKER RIVERA: Are there any other

votes? Announce the results.

(The Clerk announced the results.)

The bill has passed.

Mrs. Peoples-Stokes for the purpose of an

announcement.

MRS. PEOPLES-STOKES: Mr. Speaker, if you

could please call the Ways and Means Committee to the Speaker's

Conference Room.

ACTING SPEAKER RIVERA: Ways and Means

meeting in the Speaker's Conference Room.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, sir.

NYS ASSEMBLY MAY 23, 2023

Colleagues that are still in the Chambers, we could go to Rules Report

No. 171 by Mr. Epstein. And if folks who are on Ways and Means,

please make your way there quickly. Thank you.

ACTING SPEAKER RIVERA: Page 6, Rules Report

No. 171, the Clerk will read.

THE CLERK: Assembly No. A06672-A, Rules

Report No. 171, Epstein, Burdick, Clark, Colton, Dinowitz, Gallagher,

Gibbs, Jackson, Kelles, Magnarelli, Seawright, Simon, Steck,

Zinerman, Dickens. An act to amend the Civil Practice Law and

Rules, in relation to establishing venue in actions to recover student

debt.

ACTING SPEAKER RIVERA: Read the last

section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER RIVERA: The Clerk will

record the vote.

(The Clerk recorded the vote.)

Mr. Epstein to explain his vote.

MR. EPSTEIN: Thank you, Mr. Speaker. I rise to

explain my vote. Two years ago we introduced a bill to talk about

students who had outstanding loans with the State of New York, and

that -- we learned that everyone in the State of New York was being

sued in Albany County and we introduced a bill to stop that. And

when after we sat down and talked to the Attorney General's Office,

they realized that people who are living in Suffolk County who maybe

NYS ASSEMBLY MAY 23, 2023

had some outstanding student debt or were living in Oneonta and had

outstanding student debt couldn't always come to Albany to defend

their cases. And people who had debt who were getting -- being

brought to court, you know, were in a really precarious situation. The

Attorney General at the time agreed to change the policy and sue

people in the counties that they live in. This is really to codify to

ensure that when students who attended SUNY and CUNY had

outstanding debt, they are sued in the county where they live to ensure

they can defend themselves and ensure they have a right to really for

understanding the case itself and can really have insurance of their

defenses. And so I would encourage all my colleagues to vote in

favor of this, especially Mr. Reilly -- I apologize, Speaker -- and I

encourage everyone to stand with us and support students throughout

the State.

ACTING SPEAKER RIVERA: Mr. Epstein in the

affirmative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker. If we could now go to page 3 and take up the resolutions.

ACTING SPEAKER RIVERA: Resolutions, page 3,

Assembly No. 524, the Clerk will read.

THE CLERK: Assembly Resolution No. 524, Mr.

NYS ASSEMBLY MAY 23, 2023

Alvarez.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim June 25, 2023 as El Dia Del Bodeguero in

the State of New York.

ACTING SPEAKER RIVERA: On the resolution,

all those in favor signify by saying aye; opposed? The resolution is

adopted.

THE CLERK: Assembly Resolution No. 525, Mr.

Ramos.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 23, 2023 as Taiwan Heritage Day in

the State of New York.

ACTING SPEAKER RIVERA: On the resolution,

all those in favor signify by saying aye; opposed? The resolution is

adopted.

THE CLERK: Assembly Resolution No. 526, Mr.

Cunningham.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim July 23, 2023 as Bubbles and Icees Day in

the State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

those in favor signify by saying aye; opposed? The resolution is

adopted.

THE CLERK: Assembly Resolution No. 527, Mr.

Conrad.

NYS ASSEMBLY MAY 23, 2023

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 2023 as Crossing Guard 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. 528, Mr.

Zebrowski.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim June 12, 2023 as Philippine Independence

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. 529, Mr.

McDonald.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 2023 as Neurofibromatosis 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. 530, Ms.

Jean-Pierre.

Legislative Resolution memorializing Governor

NYS ASSEMBLY MAY 23, 2023

Kathy Hochul to proclaim May 12, 2023 as Military Spouse

Appreciation Day in the State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

those in favor signify -- I'm sorry.

Mr. -- Mr. -- Mr. -- Mr. -- he's arriving.

Mr. Lemondes on the resolution.

MR. LEMONDES: Thank you, Mr. Speaker.

(Pause)

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. 531, Mr.

Lemondes.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim October 6, 2023 as Coaches Day in the

State of New York.

ACTING SPEAKER AUBRY: Mr. Lemondes on the

resolution. On this resolution.

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

to recognize and pay tribute to the incredible role coaches play in

youth development for the furtherance of our society. Not only do

they do the things you'd commonly think of, like teaching the

mechanics of their individual sports, sportsmanship itself, strategy, the

importance of good grades, being a good person, a role model for

younger kids, et cetera, but they are also instrumental in keeping kids

NYS ASSEMBLY MAY 23, 2023

occupied positively and, therefore, out of trouble. It is perhaps this

role that is paramount to all others. From personal experience, I can

attest that I am fortunate to have had the benefit of incredibly

dedicated teacher coaches that drove home excellence in everything

they did, required adherence to the rules, taught constantly in all

aspects of the word thus, transcending the role as athletic coach and

really helping youth become better, all-around citizens. The wins, the

losses, the grueling practices, fighting through injuries and setbacks all

contribute to the growth of solid character traits that, again, help make

good citizens that know how to function as part of a team, which is the

foundational building block of nearly everything else that one does for

the rest of their lives.

Last, in special tribute to the coaches I personally

had, two of whom were Vietnam War combat veterans, gentlemen,

thank you for giving me the discipline necessary to survive the

deployments. I could have never imagined their difficulty. The

intensity, attention to detail, necessity of hard and constant training,

importance of looking beyond your own needs, in recognition of your

role on the team were all things I got from your example. Thank you.

I present this resolution in honor of Coaches Buzz

White and Jack Williams. Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you, sir.

On the resolution, all those in favor signify by saying

aye; opposed, no. The resolution is adopted.

THE CLERK: Assembly Resolution No. 532, Ms.

NYS ASSEMBLY MAY 23, 2023

Shimsky.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim the month of May 2023 as Williams

Syndrome Awareness Month in the State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

Mr. Goodell for the purposes of a introduction.

MR. GOODELL: Thank you, Speaker. On behalf of

Assemblyman Ra, please welcome Mazi Pilip. She is a Nassau

County Legislator and an amazing background. She was born in

Ethiopia, immigrated to Israel where she was a paratrooper in the

Israeli Army before coming here to the United States. Was recently

elected in the Nassau County Legislature. A phenomenal person and

is doing an incredible job for her community.

Thank you, sir.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Goodell, Mr. Ra, the Speaker and all the members, we

welcome you here to the New York State Assembly. We welcome

you into the community of legislators here in New York. We know

that you will serve with distinction and do well for your community.

Thank you so very much. You have the privileges of the floor. And

know that you always are welcome back. Thank you so very much.

(Applause)

Mrs. Peoples-Stokes.

NYS ASSEMBLY MAY 23, 2023

MRS. PEOPLES-STOKES: Mr. Speaker, do we

have any housekeeping or resolutions?

ACTING SPEAKER AUBRY: I believe we do have

some housekeeping.

On a motion by Mr. -- Ms. Gallagher, page 17,

Calendar No. 176, Bill A.4064, amendments are received and

adopted.

On behalf of Ms. Paulin, Bill No. A.3596, Assembly

bill recalled from the Senate. The Clerk will read the title of the bill.

THE CLERK: An act to amend the Penal Law and

the Civil Rights 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.

On behalf of Mr. McGowan, Bill No. A.4793,

Assembly bill recalled from the Senate, the Clerk will read the title of

the bill.

THE CLERK: An act to amend the Highway Law.

ACTING SPEAKER AUBRY: Motion to reconsider

the vote by which the bill passed the House, the Clerk will record the

NYS ASSEMBLY MAY 23, 2023

vote.

(The Clerk recorded the vote.)

The Clerk will announce the results.

(The Clerk announced the results.)

The bill is before the House and the amendments are

received and adopted.

We do have a number of fine resolutions, Mrs.

Peoples-Stokes, and we will take them up with one vote.

On the resolutions, all those in favor signify by saying

aye; opposed, no. The resolutions are adopted.

(Whereupon, Assembly Resolution Nos. 533-545

were unanimously adopted.)

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: I now move that the

Assembly stand adjourned, and that we will reconvene at 10:30 a.m.,

May the 24th, tomorrow being a Session day.

ACTING SPEAKER AUBRY: The Assembly will

reconvene tomorrow at 10:30 a.m. We are adjourned.

(Whereupon, at 3:57 p.m., the House stood adjourned

until Wednesday, May 24th at 10:30 a.m., that being a Session day.)