WEDNESDAY, MAY 24, 2023 11:26 A.M. ACTING SPEAKER AUBRY: The House will come to order. In the absence of clergy, let us pause for a moment of silence. (Whereupon, a moment of silence was observed.) Visitors are invited to join the members in the Pledge of Allegiance. (Whereupon, Acting Speaker Aubry led visitors and members in the Pledge of Allegiance.) A quorum being present, the Clerk will read the Journal of Tuesday, May 23rd. Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: Thank you, Mr. Speaker. I would like to move to dispense with the further reading of 1 NYS ASSEMBLY MAY 24, 2023 the Journal of Tuesday, May the 23rd and that the same stand approved. ACTING SPEAKER AUBRY: Without objection, so ordered. MRS. PEOPLES-STOKES: Mr. Speaker, if I could have members' attention, we'll share the schedule for today. I first want to begin with a quote, however, sir. This one is from Maya Angelou, and it basically is saying to us today, "You may not control all of the events that happen to you, but you can decide not to be reduced by them." Again, these words are Maya Angelou's. Members have on their desk a main Calendar, and we also have a debate list. After any housekeeping or introductions, we'll be calling for the Rules Committee to meet in the Speaker's Conference Room. That's going to produce an A-Calendar which we're going to take up today on consent. We will also be calling for the following committees to meet: Housing, Transportation, Corrections and Ways and Means. Colleagues, if you heard a committee that you're mentioned on, don't wait until it's called to be over in the Capitol in the Chamber area. Please be available when it's time for those committees to meet. We will take up the following bills on debate on the debate list: We're going to start with Calendar No. 121 by Mr. Magnarelli; followed by Calendar No. 179 by Ms. Paulin. There probably will be a need to make additional debate list announcements, but we will get to that when we have that opportunity. Members should also note that all the Calendar 2 NYS ASSEMBLY MAY 24, 2023 resolutions are going to be taken up at the end of the day. I think that's a general outline of where we are for now, Mr. Speaker. If you have housekeeping or introductions, now would be a great time. ACTING SPEAKER AUBRY: We have no housekeepings, however, we do have an announcement from the Chair. The sad, but proud, the New York State Legislative All Stars fell to defeat last night -- (Applause) -- to the Lexington School, only by, as Mr. Kim will say, only by the margin. We lost it in the 4th quarter. Gallant effort by everyone who participated, great fun, and the young people who were here with us yesterday had a great time and they went home, again, with our revolving trophy, which appears to revolve only for them, but not for us. (Laughter) But again, thanks to all who participated and those of you who came to watch us in that event. Our appreciation. (Applause) Ms. Buttenschon for the purposes of a introduction. MS. BUTTENSCHON: Thank you, Mr. Speaker, for the opportunity to interrupt our proceedings to introduce some outstanding individuals on behalf of Assemblymember Sillitti and Assemblymember Ra and I. Our internship program is a great program, and from that program, Samantha Corrigan has been a part 3 NYS ASSEMBLY MAY 24, 2023 of this, and her family is here today visiting the Capitol to see the outstanding work that's accomplished. With her is her family, as well as the Honorable Justice Corrigan from the 10th Judicial District North. So on behalf of the Assembly, I would ask that you would provide them with the cordialities of the -- of the Chamber. ACTING SPEAKER AUBRY: Certainly. On behalf of Ms. Buttenschon, the Speaker and all the members, we welcome you here to the New York State Assembly, extend to you the privileges of the floor. Thank you so very much for sharing this day with us, congratulations to those of you here with us. Please continue the great work that you're doing and know you always have friends here in the New York State Assembly. Thank you so very much. (Applause) Mr. Simpson for the purposes of an introduction. MR. SIMPSON: Thank you, Mr. Speaker. I'm happy to introduce 19 fifth-grade students from the Willsboro Central School District, led by their teacher, Miss Tara Valachovic, and their chaperones, Carol Valachovic and Morgan Gibson-Conley. I had the privilege of visiting the Willsboro School District and meeting with these wonderful students earlier this year. The students have been learning about the role of government, and during my visit they were able to ask very inquisitive and civically-minded questions. I believe that for many of these students, this may be their first time in the New York State Capitol. Their willingness to come and engage with their 4 NYS ASSEMBLY MAY 24, 2023 State government and learn about history at such a young age is both exciting and encouraging. Therefore, Mr. Speaker, could you please welcome these excellent students, their teacher, their chaperone to the People's House and extend them the cordialities and privileges of the floor? ACTING SPEAKER AUBRY: Certainly. On behalf of Mr. Simpson, the Speaker and all the members, we welcome this extraordinary class of students here, and your teachers and your advisors here to the New York State Assembly, extend to you the privileges of the floor, encourage you to continue your interest in government, hoping that some day in the future you may hold one of the seats here on this floor and you will be a part of making the laws for the State of New York. Thank you so very much. Continue your advancement as students in your world. Thank you so very much. (Applause) Mrs. Peoples-Stokes for the purposes of a announcement. MRS. PEOPLES-STOKES: Mr. Speaker, if you would please call the Rules Committee to the Speaker's Conference Room. ACTING SPEAKER AUBRY: Rules Committee, Speaker's Conference Room immediately, please. Page 14, Calendar No. 121, the Clerk will read. THE CLERK: Assembly No. A00252, Calendar No. 121, Magnarelli, Cook, Steck, Peoples-Stokes, Lupardo, Fahy, 5 NYS ASSEMBLY MAY 24, 2023 Seawright. An act to amend the Election Law, in relation to requiring that all printed political campaign mailing pieces containing or made of recyclable material include a message about recycling the printed materials. ACTING SPEAKER AUBRY: Mr. Magnarelli, an explanation is requested. One minute, you have a little competition behind you. (Ice pack popping) MR. MAGNARELLI: There ya go. VOICE: Sorry. ACTING SPEAKER AUBRY: Okay, well... VOICE: I have an injury. MR. MAGNARELLI: He's friendly, he's friendly. ACTING SPEAKER AUBRY: I could have used that last night, but... (Laughter) Proceed, Mr. Magnarelli. MR. MAGNARELLI: That -- that was one way to start. The bill requires that all printed political campaign mailing pieces containing or made of recyclable material have affixed to it the recyclicing [sic] -- recyclicing [sic] -- yeah, good -- recycling logo of three chasing arrows in a triangular configuration, and the following printed message: This material is recyclable -- recyclable. Please properly recycle after use. That's it in a nutshell. ACTING SPEAKER ZACCARO: Mr. Goodell. 6 NYS ASSEMBLY MAY 24, 2023 MR. GOODELL: Thank you. Would the sponsor yield? MR. MAGNARELLI: I sure will. ACTING SPEAKER ZACCARO: The sponsor yields. MR. GOODELL: Thank you, Mr. Magnarelli. Now, this recycling symbol and the statement that this material is recyclable is required if any part of the political brochure or mailer includes recyclable material, correct? MR. MAGNARELLI: Correct. MR. GOODELL: But isn't it true that you can contain recyclable material in a mailer that itself is not recyclable? MR. MAGNARELLI: I don't know how. Usually, I see brochures come in the mail with the -- the address is affixed right to the piece that is being mailed. Are you talking about putting something in an envelope? MR. GOODELL: Well, as an example, you might use recyclable plastic in a product that is a political mailer that is -- and the political mailer itself is no longer recyclable even though it used recyclable materials, correct? MR. MAGNARELLI: This is -- no. This is only for mailings that are made of recyclable materials. MR. GOODELL: I see. MR. MAGNARELLI: So if you're putting it into a plastic bag, the plastic bag is not recyclable. That doesn't have to have 7 NYS ASSEMBLY MAY 24, 2023 all of this on it, obviously, because it's not recyclable. MR. GOODELL: All right. And if you don't use recyclable material, then you don't have to put this -- MR. MAGNARELLI: Correct. That's it. MR. GOODELL: All right. Thank you very much. MR. MAGNARELLI: Thank you. ME. GOODELL: On the bill, sir. ACTING SPEAKER ZACCARO: On the bill. MR. GOODELL: Many of us, of course, are very familiar with political mailings since many of us spend a lot of money on them. And I would certainly encourage all my colleagues, to the maximum extent possible, to use mailings that contain recyclable material or are themselves recyclable; however, the irony is that if you don't use any recyclable materials or if you have a political mailer that itself is not recyclable, you don't have to put all this extra language on it. And so the irony is that this bill actually discourages the use of campaign material that contains recyclable material because all of us know those mailers often lack space. The second issue that I have, and though I certainly support the sponsor's desire to publicize that we're using recyclable materials, all of us can put that symbol on if it -- if it is recyclable. We don't need a law telling us to advise the voters that we're being environmentally sensitive, we can do that on our own. But the third problem is that this bill provides that if the mailer contains recyclable materials, we have to put that symbol 8 NYS ASSEMBLY MAY 24, 2023 and that language on the mailer, even though the mailer itself might no longer be recyclable, depending on how it's printed or composed or what the final composition is, which means we'd be obligated by law to say recyclable mailer when it's actually not recyclable. So while I certainly appreciate and fully support using recycled materials as much as possible, I think it would be a mistake for us to adopt a law that requires extra language and extra burdens on those who do what we want them to do, while not requiring this extra language on all other mailers. For that reason, I won't be supporting it, but I most assuredly appreciate my colleague's desire to promote recycling. ACTING SPEAKER ZACCARO: Mr. Angelino. MR. ANGELINO: Thank you, Mr. Speaker. On the bill. ACTING SPEAKER ZACCARO: On the bill. MR. ANGELINO: So, I had not even planned to speak, and my colleague to the right probably summed it up pretty well. But it was just a matter of hours ago, I finished breakfast and my yogurt cup, I flipped it over, I saw what I think the sponsor called the self-chasing triangle. And my muscle memory made me go to the recycling container and dispose of that properly. The -- that recycling symbol with a number inside of it is pretty much ubiquitous. It's -- it's like approaching a stop sign. Your muscle memory knows exactly what to do. And if we have to -- I'm -- I'm not against the -- the symbol being on any material, political or not, it's just that the 9 NYS ASSEMBLY MAY 24, 2023 wording takes up space, and like my colleague alluded to, this may cause people to rethink using recycled material when that space is at a premium. So I -- I agree that we should be recycling it, I think the symbol all by itself does the job without the text. I will probably be voting in the negative on this. Thank you, Mr. Speaker. ACTING SPEAKER ZACCARO: Mr. Norris. MR. NORRIS: Thank you, Mr. Speaker. Will the sponsor yield? ACTING SPEAKER ZACCARO: Will the sponsor yield? (Pause) Will the sponsor yield for some questioning? MR. MAGNARELLI: Yes. ACTING SPEAKER ZACCARO: The sponsor yields. MR. NORRIS: Thank you, Mr. Magnarelli. I have a couple of questions. Is there any size requirements in terms of the font? MR. MAGNARELLI: No. MR. NORRIS: So it could be very tiny where I definitely would need my readers? MR. MAGNARELLI: Yeah. MR. NORRIS: Okay. And then are there any penalties in the event that a candidate or political organization does 10 NYS ASSEMBLY MAY 24, 2023 not place this phrase and the recycling symbol on the material? MR. MAGNARELLI: Other than, you know, maybe a little embarrassment if somebody points it out that you didn't do it. MR. NORRIS: But no monetary penalty or anything like that? MR. MAGNARELLI: No. MR. NORRIS: All right. And my next question for you is, you know, we -- in this Chamber, I know many of us send out very important information to our constituents in terms of governmental mailings. Does this apply to our own House and to the mailings that we send out from the Assembly and other governmental agencies? MR. MAGNARELLI: I -- I believe these -- these only are political campaign mailings, that's all. MR. NORRIS: That's it. So -- MR. MAGNARELLI: That's it. MR. NORRIS: -- we're not -- we're not applying the rule to our own House where we send out, you know, all types of mailings? MR. MAGNARELLI: No, but I could put one in if you'd like. MR. NORRIS: Well, maybe -- maybe you should do that, then. It would nice if you could apply it actually to our House on the mailings that we do, as well as the political mailings. MR. MAGNARELLI: Okay. 11 NYS ASSEMBLY MAY 24, 2023 MR. NORRIS: Great. Thank you, Mr. Magnarelli -- MR. MAGNARELLI: You're welcome. MR. NORRIS: -- for answering my questions. Mr. Speaker, on the bill. ACTING SPEAKER ZACCARO: On the bill. MR. NORRIS: Thank you very much. Again, I just would like to raise a couple of things. First of all, we all know that when you receive material, oftentimes you recycle it. And I know the constituents where the voters do that very, very quickly. So again, I think putting this actual phrase on there with the symbol is just overburdensome on the candidates. People in the State of New York know to recycle, and we already are having a difficult time trying to get our political message, our First Amendment right, out to the public and to express our concerns. And for that reason and also that we are not applying this same standard to our own governmental mail right here in this House, which would also include brochures and the types of things you would hand out at festivals and fairs, including our mailings, I think is hypocritical and I think it should be incorporated also in this bill. For those reasons, Mr. Speaker, I will be voting in the negative and I encourage my colleagues to do the same. Thank you, Mr. Speaker. ACTING SPEAKER ZACCARO: Ms. Giglio. MS. GIGLIO: Thank you, Mr. Speaker. Will the sponsor yield? 12 NYS ASSEMBLY MAY 24, 2023 ACTING SPEAKER ZACCARO: Will the sponsor yield? MR. MAGNARELLI: Yes. ACTING SPEAKER ZACCARO: The sponsor yields. MS. GIGLIO: Thank you. So who is going to notify all of the printing companies that this is a new requirement, and are there any penalties associated with it and, if so, who pays the penalties, the candidate or the printing company? MR. MAGNARELLI: Okay. It's up to the candidate to tell the printing company what they want on their brochure, so it's the candidate. And no, there are no penalties. I've already answered that question. MS. GIGLIO: Okay. So future candidates, how would they know that they have to tell their printing company when they're running for office? MR. MAGNARELLI: They should -- they should know the laws that are on the books that are dealing with elections. MS. GIGLIO: Okay. MR. MAGNARELLI: Okay. MS. GIGLIO: Thank you for the answers. MR. MAGNARELLI: You're welcome. MS. GIGLIO: Thank you, Mr. Speaker. ACTING SPEAKER ZACCARO: Read the last section. 13 NYS ASSEMBLY MAY 24, 2023 THE CLERK: This act shall take effect in 180 days. ACTING SPEAKER ZACCARO: A Party vote has been requested. Mr. Goodell. MR. GOODELL: Thank you, sir. For the reasons mentioned by my colleague, the Republican Conference will generally be in the negative. Those who support it are certainly welcome and encouraged to vote yes here on the floor. Thank you, sir. ACTING SPEAKER ZACCARO: Mrs. Peoples- Stokes. MRS. PEOPLES-STOKES: Thank you, Mr. Speaker. The Majority Conference is going to be in favor of this piece of legislation. There may be a few who would desire to be an exception. They should feel free to cast their vote at their desk. 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. Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: Thank you, Mr. Speaker, for allowing me the opportunity to interrupt our proceedings for the purposes of an introduction. On behalf of our members Chantel Jackson, Amanda Septimo and Latoya Joyner, we would like 14 NYS ASSEMBLY MAY 24, 2023 to -- to ask you to acknowledge their New York City Councilwoman, Althea Stevens. (Applause) She serves the 16th Council District, including the neighborhoods of Morrisania, Concourse Village, Highbridge and Morris Heights in the Bronx. Mr. Speaker, would you please welcome this distinguished young lady to our Chambers? ACTING SPEAKER ZACCARO: Certainly. On behalf of Ms. Jackson, Ms. Joyner, the Speaker and all those in the New York State Assembly, we welcome you, Council Member, to the People's House. Thank you so much for joining us today. We hope that you enjoyed today's proceedings, and we hope to invite you back here in the near future. Thank you so much. (Applause) (Pause) SPEAKER HEASTIE: I also want to welcome both of my Council Members who happen to be here. One carries about 80 percent of my district and the other one covers about 20 percent. So I wanted to officially welcome my two Council Members, Councilman Kevin Riley and Councilman Eric Dinowitz. (Applause) Councilman Riley used to be an intern for me, as well, so he's gone on to bigger and better things. But I want to welcome the two Council Members to the Chamber. I hope you 15 NYS ASSEMBLY MAY 24, 2023 enjoyed your visit. The privileges of the floor are yours, and come back and see us soon. Thank you again for being here. (Applause) ACTING SPEAKER ZACCARO: Mr. Goodell for the purpose of an introduction. MR. GOODELL: Thank you very much, Mr. Speaker. I am proud to introduce on behalf of Assemblymember Chris Tague, the Catskill Elementary School 5th grade class. They're here with their chaperones and teachers observing the New York State Legislature in action. So if you would welcome the Catskill Elementary 5th grade class to our Chambers and extend our hospitality to them. Thank you, sir. ACTING SPEAKER ZACCARO: Certainly. Behalf -- on behalf of Mr. Goodell and Mr. Tague, the Speaker and all the members, we welcome you today to this Chamber. We extend to you the privileges of the floor. We hope that you enjoy today's proceedings. Thank you so much for joining us. (Applause) (Pause) ACTING SPEAKER AUBRY: Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: Mr. Speaker, would you please call the Housing Committee to the Speaker's Conference Room, immediately? ACTING SPEAKER AUBRY: Certainly. Housing 16 NYS ASSEMBLY MAY 24, 2023 Committee, Speaker's Room immediately. Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: Thank you, Mr. Speaker, for allowing me to interrupt our proceedings yet again. We have another guest in our Chambers with us. He's the guest of our Member Manny De Los Santos. He's the Council Member from the 7th District in Manhattan, including Washington Heights and Hamilton Heights, Shaun Abreu, Council Member Shaun Abreu. (Applause) Where is he? There he is. ACTING SPEAKER AUBRY: On behalf of 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. We know the hard work you do in the City of New York. Please continue that great work. We are always pleased to have you as a colleague and a friend. Thank you so very much. (Applause) Page 18, Calendar No. 179, the Clerk will read. THE CLERK: Assembly No. A05981-A, Calendar No. 179, Paulin, Seawright. An act to amend the Business Corporation Law and the Limited Liability Company Law, in relation to requiring certain companies and corporations to report certain data regarding the gender, race and ethnicity of their employees. ACTING SPEAKER AUBRY: On a motion by Ms. Paulin, the Senate bill is before the House. The Senate bill is 17 NYS ASSEMBLY MAY 24, 2023 advanced. An explanation is requested, Ms. Paulin. MS. PAULIN: Absolutely. The bill requires certain corporations and companies to report employee data regarding gender, race and ethnicity to the Department of State. ACTING SPEAKER AUBRY: Ms. Walsh. MS. WALSH: Thank you, Mr. Speaker. Will the sponsor yield? ACTING SPEAKER AUBRY: Will you yield, Ms. Paulin? MS. PAULIN: Yes. ACTING SPEAKER AUBRY: Ms. Paulin yields. MS. WALSH: Thank you very much. So, the form that needs to get filled out by some of these corporations and LLCs is called the EEO-1; is that correct? MS. PAULIN: Yes, it is. MS. WALSH: All right. And that's been around since 1966, I believe. What -- which corporations and LLCs need to fill out the EEO-1 and file it with the -- with the -- with the Federal government? MS. PAULIN: It's the same as we've specified in our bill, which is private sector employers with 100 or more employees, and Federal contractors with 50 or more employees. MS. WALSH: If the information is already required to be filed with the Federal government, why does it also need to be 18 NYS ASSEMBLY MAY 24, 2023 filed with the State government? Isn't that duplicative? MS. PAULIN: At the Federal level, the information is not accessible to the public, and if -- so one of the key reasons that we are asking for it to also be submitted to the State in the exact same form is so that it would be accessible to the public. MS. WALSH: Why -- why do we need to have this information accessible to the public if it's accessible to the Federal government? MS. PAULIN: I'm not sure what the Federal government does with it, but what the public wants from it is to be sure that when they invest in a company they are -- because many people are looking at investments differently now, and they're looking at it not solely -- you know, if they have one company and another company equal in terms of its return to them, they also are looking at it from lots of socioeconomic perspectives, and this would provide that data so that they can make that kind of decision. MS. WALSH: Okay. So I believe, but I'd like your thoughts on this, it's my information that the Federal government does in some way make this information available from -- from corporations and LLCs, but they -- they publish it in an aggregated format. So it's -- they might be talking about all -- out of all the respondees that filed the form, this is how the gender, race, ethnicity and job type is -- is done. So it does seem as though the public would have information in an aggravated -- ag -- yeah, aggregated, not aggravated -- aggregated format, but you're saying that this is to assist 19 NYS ASSEMBLY MAY 24, 2023 investors -- MS. PAULIN: Yes. MS. WALSH: -- who may wish to make more specific determinations? MS. PAULIN: Yes. MS. WALSH: Okay. MS. PAULIN: So obviously, you know, if you're -- there are many funds you could buy that have aggregated stocks, you know, we know about that. But many investors do buy individual stocks, and if they want to make a decision between, say, IBM or AT&T or Verizon and Con Edison, they would have an additional sense of what the company is all about. And that -- so they would understand the diversity of the company, the gender, the race. You know, the -- the Federal government deems that important information, but it doesn't allow those people who are making the financial decisions able to see it to make the decisions that would drive those companies to do a better job in that respect. MS. WALSH: Okay. And, let's see, so the thing is is that the information that's been, as I said, required since 1966, there's been a longstanding history of confidentiality and privilege as far as each individual company. Is there a penalty for a corporation or an LLC that doesn't file this information? Is it optional or is it mandatory? MS. PAULIN: The -- if you're in a certain category, you're already filing it with the Federal government and you're taking 20 NYS ASSEMBLY MAY 24, 2023 that exact same copy -- we amended the law, it was vetoed last year. Some of the business groups were opposed to the fact that they thought they had to do something different. We went back to them, worked with them and they said if it was merely a copy that they would support the bill, and so we did that so that it's not duplicative. And they don't seem to have -- I haven't heard from one business entity that they're upset about it or confused about it or think it's a burden. And so, you know, we think that, you know, if a company's proud of those -- those data points, they're going to want to send it in, and for those who aren't, they're going to be encouraged to make changes because they know that investors are going to be taking a look. MS. WALSH: Very good. Well, the information that I have is that both the Business Council and the NFIB are opposed to the bill, but I -- I will double-check to see if that is -- MS. PAULIN: I haven't gotten memos this year. MS. WALSH: Okay. That -- that may have been information from before the amendment was made. That's -- that's important. Okay. Thank you very much, I appreciate it. Thank you, Mr. Speaker. ACTING SPEAKER AUBRY: Thank you. Read the last section. THE CLERK: This act shall take effect in 730 days. ACTING SPEAKER AUBRY: A slow roll call has been requested. 21 NYS ASSEMBLY MAY 24, 2023 The Clerk will record the vote slowly. Members must come to the Chamber to cast your ballot. (The Clerk recorded the vote.) Once again, members must come to the Chamber to cast your ballot. Mr. Goodell to explain his vote. MR. GOODELL: Thank you, sir. Last year when this bill came up, I and 41 colleagues voted against it because it required all of our employers to fill out a different form and submit it with the Secretary of State for information that they already submit to the Federal government. The sponsor has amended the bill to make it clear that a separate report is no longer required, that all the employer has to do is send his Federal report to the State. And that eliminates the problem that was identified last year of companies having to fill out two separate reports, two separate formats, and it streamlined the process. And as a result, many of my colleagues will be willing to support this this year, even though they voted against it last year. Of course it begs the obvious question, in my mind, which is if we already submit all this information to the Federal government, why do we need to submit a duplicate copy to the Secretary of State and then obligate the Secretary of State to expend all the funds necessary to prepare its own report. So that's going to be a concern for some. For me, the amendments enable me to support it. A number of my colleagues will still remain opposed because of the duplication of 22 NYS ASSEMBLY MAY 24, 2023 effort. Thank you, sir. ACTING SPEAKER AUBRY: Ms. Walsh to explain her vote. MS. WALSH: Thank you, Mr. Speaker. ACTING SPEAKER AUBRY: One minute, Ms. Walsh. Members, if you can please take your seats. Hold down the conversations. Ms. Walsh. MS. WALSH: Thank you, Mr. Speaker. So, I was one of those people who did not support this bill in the past, but I will be supporting it today. I appreciate the amendment that was made to the bill between last year and this year. I think that it -- it's another piece of transparency that some investors and people may be interested to know. We know that investors are making decisions more and more based on a company's philosophy when it comes to things like climate. I -- it's not beyond -- you know, it's -- it's very likely that there are going to be some people that are going to be very interested to know what a company's record is with regard to gender, race, ethnicity and job type. So I think that -- I think the administrative burden has been addressed in the amendment, I think that it's a good bill and I will be supporting it this year. Thank you, Mr. Speaker. ACTING SPEAKER AUBRY: Thank you, Ms. 23 NYS ASSEMBLY MAY 24, 2023 Walsh. Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: Mr. Speaker, would you please call on the colleagues who are on Zoom to see what their votes are on this item? ACTING SPEAKER AUBRY: The Clerk will contact the colleagues on Zoom, recording their votes. THE CLERK: Mr. Hawley, for the record please state your name and how you wish to vote. MR. HAWLEY: I am Steve Hawley and I vote in the positive. THE CLERK: Mr. Hawley in the affirmative. ACTING SPEAKER AUBRY: Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: Mr. Speaker, members have on their desks an A-Calendar. Mr. Speaker, I'd like to move to advance that A-Calendar. ACTING SPEAKER AUBRY: On Mrs. Peoples- Stokes' motion, the A-Calendar is advanced. Page 3, Rules Report No. 205, the Clerk will read. THE CLERK: Assembly No. A00124-A, Rules Report No. 205, Solages, Sillitti, Taylor, Epstein, Dickens, 24 NYS ASSEMBLY MAY 24, 2023 González-Rojas, Kelles, Zinerman, Jackson, Lavine, Lunsford. An act to amend the General Municipal Law and the Public Buildings Law, in relation to prohibiting municipal officers or employees from displaying political advertisements on or within public buildings and various other locations. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A00286-A, Rules Report No. 206, Paulin, Simon, Benedetto, De Los Santos. An act to amend the Education Law, in relation to enacting the "Safe Schools By Design Act." ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect on the 545th day. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: Mr. Speaker, if you will please call the Transportation Committee to the Speaker's Conference Room. ACTING SPEAKER AUBRY: Transportation Committee, Speaker's Conference Room. Mr. Magnarelli is awaiting 25 NYS ASSEMBLY MAY 24, 2023 you. The Clerk will read. THE CLERK: Assembly No. A00733-A, Rules Report No. 207, Rozic, Reyes, Stirpe, Carroll, Simon, González- Rojas, Fahy, Hevesi, Dinowitz, Seawright, Jacobson, Aubry, Wallace, Kelles, Steck, Glick, L. Rosenthal, Barrett, Otis, Solages, Gallagher, Ardila, Raga, Epstein, Burgos, Lavine, Cunningham, Bores. An act to amend the Public Health Law and the Insurance Law, in relation to providing information to patients and the public on policy-based exclusions. ACTING SPEAKER AUBRY: On a motion by Ms. Rozic, the Senate bill is before the House. The Senate bill is advanced and the bill is laid aside. THE CLERK: Assembly No. A01245-A, Rules Report No. 208, L. Rosenthal. An act to amend the Labor Law, in relation to providing notice to unemployment applicants of the Supplemental Nutrition Assistance Program and Special Supplemental Nutrition Program for Women, Infants and Children. ACTING SPEAKER AUBRY: On a motion by Ms. Rosenthal, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect on the 120th day. ACTING SPEAKER AUBRY: The Clerk will record the vote. 26 NYS ASSEMBLY MAY 24, 2023 (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A01302, Rules Report No. 209, L. Rosenthal. An act to amend the Tax Law and the State Finance Law, in relation to providing taxpayer gifts for the Cure Childhood Cancer Research Fund. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: On a motion by -- excuse me. On a motion by Ms. Rosenthal, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A01909, Rules Report No. 210, Zinerman, Simon, Aubry, Raga, Walker, Carroll, Glick. An act to amend Chapter 696 of the Laws of 1987 [sic] relating to providing hospitals, orphan asylums and other charitable institutions in the City of New York with water and remitting assessments 27 NYS ASSEMBLY MAY 24, 2023 therefor, in relation to exempting certain non-profit community gardens from payment for water usage and supply. 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. Zinerman to explain her vote. MS. ZINERMAN: Thank you, Mr. Speaker, for allowing me to explain my vote. I just want to start out by saying, oh happy day. Community gardens are very special places in communities. The first community farm garden was actually established in 1902, and that tradition has continued all over New York City since that time. The first farm garden was established in the Dewitt-Clinton Park, and Mrs. Henry J. Parsons was responsible for that groundbreaking work. In 1974, the City Office of Housing, Preservation and Development approved the lease for $1 a month for people to operate the Bowery Houston Community Farm and Garden, becoming the first one in the City of New York. Gardeners built 60 vegetable beds during that time. As we all know that during the pandemic, we were all outside -- or we were indoors and we needed a place to gather. Community gardeners were responsible for distributing PPE, they helped establish some of the first community refrigerators to deal with hunger. It was a place where people could go and heal and support 28 NYS ASSEMBLY MAY 24, 2023 one another, and they were able to beautify neighborhoods and make sure that we had fresh foods to eat. I am proud to have a number of community gardens in my district, and certainly I want to thank the Brooklyn Queens Land Trust for the over 40 gardens they have in and around Brooklyn and Queens who continue this tradition of beautifying our community, establishing social places, and again, providing fresh foods. This is an opportunity for us to say thank you to the volunteers who have toiled in those gardens, and now they don't have to pay for the water that has brought much joy to the spaces. So thank you all for sponsoring this bill, and I conclude my remarks. Thank you, Mr. Speaker, I vote in the affirmative. ACTING SPEAKER AUBRY: Ms. Zinerman in the affirmative. Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A01963, Rules Report No. 211, Joyner, Clark, Raga, Simon, Kelles, Dinowitz, L. Rosenthal, Burgos, Epstein, Aubry, O'Donnell, Ardila, Zaccaro, Carroll, Lavine, Reyes, Glick, Burdick, Zinerman, González-Rojas, Hevesi, Levenberg, Weprin, Mamdani, Anderson, Jackson, Cruz, Hyndman, Forrest, Septimo, Seawright, Bronson, Cunningham, Meeks, Alvarez, Pretlow. An act to amend the Family Court Act and the Criminal Procedure Law, in relation to the custodial interrogation of juveniles 29 NYS ASSEMBLY MAY 24, 2023 by law enforcement. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A02176, Rules Report No. 212, Epstein, González-Rojas, Gibbs, Otis, Chandler-Waterman, Darling. An act to amend the Social Services Law, in relation to reporting of youth placed in foster care settings and recruitment of foster parents; and to repeal Section 2 of Chapter 11 of the Laws of 2021 relating to directing the Office of Children and Family Services to make information publicly available on the number of youth placed in foster care settings and recruitment of foster parents and the effectiveness thereof. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Mr. Epstein to explain his vote. MR. EPSTEIN: Thank you, Mr. Speaker, I rise to explain my vote. It's so critical in a time where we see children coming to the State from all over -- all over the world, really knowing what their needs are and what their support is. This bill really is an extender of a bill we passed a few years ago, ensuring that we have good data information about unaccompanied minors and separated children, and if they're here in New York, we know that they're here and we know we can provide them services. It's critical that we have 30 NYS ASSEMBLY MAY 24, 2023 this information, because we can make informed decisions based on this information. I'm voting in favor of this bill and I hope all my colleagues do the same. ACTING SPEAKER AUBRY: Mr. Epstein in the affirmative. Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A02216, Rules Report No. 213, Morinello. An act to amend Chapter 658 of the Laws of 1978 relating to incorporation of the Lewiston No. 1 Volunteer and Exempt Firemen's Benevolent Association, in relation to its purpose and the use of foreign fire insurance premium taxes. ACTING SPEAKER AUBRY: On a motion by Mr. Morinello, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A02609-A, Rules 31 NYS ASSEMBLY MAY 24, 2023 Report No. 214, Hyndman, McDonald, Aubry, Sayegh, Darling, Bendett, Slater, Novakhov, Walker. An act to amend the Public Health Law, in relation to sickle cell disease detection and education. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A02917, Rules Report No. 215, Glick, Simon, Jackson, González-Rojas, Epstein, L. Rosenthal, McMahon, Kelles, Fahy, Burdick, Lavine, Stern, Colton, Hevesi, Dinowitz, Rivera, Simone, Burgos, Levenberg, Bores, Paulin, Reyes, Thiele, Shimsky, Ardila. An act to amend the Environmental Conservation Law, in relation to making contests, competitions, tournaments and derbys to take wildlife unlawful. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A03729, Rules Report No. 216, Paulin, Otis, Forrest, Raga. An act to amend the Public Health Law, in relation to retail clinics. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A03749, Rules Report No. 217, Maher, E. Brown, Bendett, DeStefano, Lemondes, Brabenec, 32 NYS ASSEMBLY MAY 24, 2023 McDonough. An act to amend the Criminal Procedure Law, in relation to granting peace officer status to uniformed court officers in the Town of Montgomery. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. Mr. Maher, congratulations on your first bill. (Applause) Enjoy it, sir. The Clerk will read. THE CLERK: Assembly No. A03981, Rules Report No. 218, Jackson. An act to amend the Public Health Law, in relation to hospital care for mastectomy, lumpectomy, and lymph node dissection patients. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect January 1st. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. 33 NYS ASSEMBLY MAY 24, 2023 (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A04008, Rules Report No. 219, Pheffer Amato, Colton, Santabarbara. An act to amend the Retirement and Social Security Law, in relation to accidental disability retirement for uniformed court officers and peace officers employed in the Unified Court System. 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.) ACTING SPEAKER BORES: Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. Mr. Benedetto for an announcement. MR. BENEDETTO: Yes, Mr. Speaker, please right now, the Corrections Committee should be meeting in the Speaker's Conference Room, if they would go there tout suite. ACTING SPEAKER BORES: Corrections Committee in the Speaker's Conference Room immediately. The Clerk will read. THE CLERK: Assembly No. A04092, Rules Report No. 220, Byrnes. An act to amend the Public Authorities Law, in 34 NYS ASSEMBLY MAY 24, 2023 relation to the Livingston County Water and Sewer Authority. ACTING SPEAKER BORES: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER BORES: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A04106, Rules Report No. 221, Gallahan, Palmesano. An act to amend the Public Officers Law, in relation to waiving the residency requirement for the Clerk to the Seneca County Board of Supervisors. ACTING SPEAKER BORES: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER BORES: The Clerk will record the vote. (The Clerk recorded the vote.) ACTING SPEAKER AUBRY: Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A04135, Rules Report No. 222, Weprin. An act to amend the Public Health Law and the Insurance Law, in relation to clinical standards for utilization review 35 NYS ASSEMBLY MAY 24, 2023 of care for medically-fragile children; to amend a chapter of the Laws of 2022 amending the Public Health Law and the Insurance Law relating to enhancing coverage and care for medically-fragile children, as proposed in legislative bills numbers S.2121-C and A.289-C, in relation to the effectiveness thereof; and to repeal certain provisions of the Public Health Law and the Insurance Law relating to medically- fragile children. ACTING SPEAKER AUBRY: On a motion by Mr. Weprin, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A04139-A, Rules Report No. 223, Lupardo, Raga, Carroll, Bichotte Hermelyn, Clark, L. Rosenthal, Otis, Septimo, Simon, Joyner, Zaccaro. An act to amend the Agriculture and Markets Law, in relation to providing additional duties of the Community Gardens Task Force. ACTING SPEAKER AUBRY: On a motion by Ms. Lupardo, the Senate bill is before the House. The Senate bill is advanced. Read the last section. 36 NYS ASSEMBLY MAY 24, 2023 THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A04472, Rules Report No. 224, Ramos, Weprin, Taylor, L. Rosenthal, Thiele, Colton, Reyes, Carroll, Jacobson, Glick, Sayegh, Simon. An act to amend the Civil Practice Law and Rules, in relation to time limitations for filing claims for certain injuries. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A04487, Rules Report No. 225, Ramos, Reyes, Cruz, Epstein, Levenberg, Hyndman, Gibbs, Zinerman. An act to amend the Civil Service Law, in relation to the creation of an annual report on the race and ethnic data of individuals who have taken a civil service examination. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A04696, Rules Report No. 226, Kim, Colton, Hevesi, Levenberg, Simon, Maher, Bendett, Reyes, Darling, De Los Santos. An act to amend the New York State Urban Development Corporation Act, in relation to assistance for certain small businesses. ACTING SPEAKER AUBRY: On a motion by Mr. 37 NYS ASSEMBLY MAY 24, 2023 Kim, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect on the 90th day. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Mr. Kim to explain his vote. MR. KIM: Thank you, Mr. Speaker. I rise to explain this bill and how it will be important to our small business community, especially those in the dry cleaning and nail salon business. So many of our local mom-and-pops had to shut down before and during and after COVID because of the extreme regulations, as well as the cost of doing business in terms of capital improvements. Many years ago, the State stepped in to help with some of the capital costs. We're reactivating the -- these -- the State agencies to get more -- to get directly involved with help with mom- and-pops as they try to finance equipment that can cost up to $120,000 for a machine, or retrofitting a ventilation system that can cost up to $150,000, which mom-and-pop stores cannot do. If we do not intervene, we're just laying the groundwork for more chain stores to take over our communities, and when we have more chain stores over mom-and-pops, every dollar we spend in those chain stores are immediately going out of our communities. When we spend money in our mom-and-pop, family-owned small businesses, their dollar is 38 NYS ASSEMBLY MAY 24, 2023 being recirculated in our local economy eight, ten times over. That's why it's important that we do our part to invest in our mom-and-pops. Thank you, Mr. Speaker, and I support this bill. ACTING SPEAKER AUBRY: Mr. Kim in the affirmative. Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A04717-A, Rules Report No. 227, Epstein, Reyes. An act to amend the General Business Law, in relation to requiring consumer reporting agencies to contact consumers when requests are made for their consumer reports. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A04720, Rules Report No. 228, McDonald. An act to amend the Infrastructure Investment Act, in relation to public employees' supervision, examination, review and determination of acceptability of public works projects performed by contractors. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A04820, Rules Report No. 229, Rivera, Benedetto, Bronson, Clark, Colton, Conrad, De Los Santos, Dinowitz, Glick, González-Rojas, Hevesi, Jackson, Jacobson, Lunsford, McDonough, Meeks, Peoples-Stokes, Reyes, L. Rosenthal, Seawright, Septimo, Sillitti, Simon, Steck, Taylor, Thiele, Stirpe, Stern, Ardila, Walker. An act to amend the Real Property Law, in 39 NYS ASSEMBLY MAY 24, 2023 relation to requiring the disclosure of lead-based paint test reports in real estate transactions. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A04868, Rules Report No. 230, Peoples-Stokes. An act to amend the Tax Law and the State Finance Law, in relation to providing for taxpayer gifts for diabetes research and education and establishing the Diabetes Research and Education Fund. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A04903, Rules Report No. 231, Kelles. An act to amend the Mental Hygiene Law, in relation to accessing substance use disorder services based on the individual's gender identity, gender expression and/or sexual orientation. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A04956, Rules Report No. 232, Solages, Simon, Wallace, Otis. An act to amend the Social Services Law, in relation to establishing an emergency heating energy 40 NYS ASSEMBLY MAY 24, 2023 assistance program benefit. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A04972-A, Rules Report No. 233, Braunstein, Bores. An act to amend the Real Property Tax Law, in relation to extending certain provisions relating to a partial tax abatement for residential real property held in the cooperative or condominium form of ownership in a city having a population of one million or more. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. Pack 2. THE CLERK: Assembly No. A04994, Rules Report No. 234, Blankenbush, Gray. An act to amend the Criminal Procedure Law, in relation to permitting the electronic appearance of a defendant in the County of Jefferson. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) 41 NYS ASSEMBLY MAY 24, 2023 Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05014, Rules Report No. 235, Gray, Blankenbush, Bendett, DeStefano, J. M. Giglio. An act to amend the Criminal Procedure Law, in relation to designating as peace officers certain Ogdensburg Bridge and Port Authority security personnel. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed and Mr. Gray, congratulations. First bill, I'm told it only happens once. (Applause) The Clerk will read. THE CLERK: Assembly No. A05021-A, Rules Report No. 236, Gray. An act to amend the Tax Law, in relation to extending the authorization granted to the County of St. Lawrence to impose an additional one percent of sales and compensating use taxes. ACTING SPEAKER AUBRY: On a motion by Mr. Gray, the Senate bill is before the House. The Senate bill is advanced. 42 NYS ASSEMBLY MAY 24, 2023 Home Rule message is at the desk. Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. Mr. Gray, back to back but no applause this time. The Clerk will read. THE CLERK: Assembly No. A05075, Rules Report No. 237, McDonald, Fall. An act to authorize William Schumaker and Mark Hennessy to receive certain services credit under Section 384-d of the Retirement and Social Security Law. ACTING SPEAKER AUBRY: Home Rule message is at the desk. Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05113, Rules Report No. 238, Gunther, Simon, Sayegh, McDonald. An act directing the 43 NYS ASSEMBLY MAY 24, 2023 Commissioner of Health to conduct a study on the rates of reimbursement made through the New York State Medicaid durable medical equipment, orthotics, prosthetics and supplies program for rate adequacy and patient access; and providing for the repeal of such provisions upon expiration thereof. ACTING SPEAKER AUBRY: On a motion by Mrs. Gunther, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05164, Rules Report No. 239, Pheffer Amato, Colton. An act to amend the Retirement and Social Security Law, in relation to authorizing service credit for unpaid or reduced paid child care leave for members of the state police twenty year retirement plan. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A05205, Rules Report No. 240, Pheffer Amato, Colton, Santabarbara. An act to amend the Retirement and Social Security Law, in relation to providing a lung disease presumption for correction officers, correction supervisors, 44 NYS ASSEMBLY MAY 24, 2023 deputy sheriff patrol, or deputy sheriff patrol supervisors. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Mr. Fitzpatrick to explain his vote. MR. FITZPATRICK: Yes, Mr. Speaker, to explain my vote. We are at the time of year where we start seeing the bills that increase and enhance benefits. I am not opposed in principle to expanding or improving a benefit, but it is my opinion that these benefits should be one at the bargaining table. In my opinion it is not unfair or unreasonable to ask the other side to put something on the table to help offset the cost of this benefit enhancement or benefit increase to the taxpayers. It is for that reason that I oppose this measure. And again, not opposed to improving benefits but this should be done at the bargaining table. Collective bargaining is there for a reason. It should be used for this purpose as well. Thank you very much. I'll be voting in the negative. ACTING SPEAKER AUBRY: Mr. Fitzpatrick in the negative. Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05208, Rules Report 45 NYS ASSEMBLY MAY 24, 2023 No. 241, Pheffer Amato, Aubry, Colton, Santabarbara. An act to amend the Retirement and Social Security Law, in relation to providing a heart disease presumption for correction officers, correction supervisors, deputy sheriff patrol or deputy sheriff patrol supervisors. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Mr. Fitzpatrick to explain his vote. MR. FITZPATRICK: Yes, thank you, Mr. Speaker. Just as I mentioned about the previous bill, I am not opposed to improving or enhancing benefits. We all want better benefits. However, those who believe in collective bargaining should use the collective bargaining process in order to win this benefit. It is not unfair, nor is it unreasonable to ask those on the other side of the bargaining table to put something on the table to help offset the cost and the increased cost of this benefit to the taxpayers. So again, I will be voting negative on this and encourage my colleagues to seriously consider doing the same. Again, collective bargaining is there for a reason. It should be used for purposes such as this. Thank you. ACTING SPEAKER AUBRY: Mr. Fitzpatrick in the negative. Are there any other votes? Announce the results. 46 NYS ASSEMBLY MAY 24, 2023 (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05295, Rules Report No. 242, Bores, Aubry, Hyndman, Darling, Dinowitz, Glick, McDonald, Simon, Hevesi, Tapia, Jacobson, Reyes, Alvarez, D. Rosenthal, Gibbs, Cruz, Steck, Zinerman, Rozic, Taylor, Bronson, Sillitti, Burgos, Colton, Lucas, Brabenec, Carroll. An act to amend the Labor Law, in relation to inventions made by employees. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A05308-A, Rules Report No. 243, McDonald. An act to amend the Public Officers Law, in relation to the filing of financial disclosure statements. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect April 1st. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk will record the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05331, Rules Report No. 244, Hawley. An act to amend the Tax Law, in relation to extending the period during which the County of Orleans is authorized to impose additional rates of sales and compensating use taxes. ACTING SPEAKER AUBRY: On a motion by Mr. 47 NYS ASSEMBLY MAY 24, 2023 Hawley, the Senate bill is before the House. The Senate bill is advanced. Home Rule message is at the desk. Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05355, Rules Report No. 245, Maher, E. Brown, Brabenec, McDonough. An act to amend the Village Law and the Public Officers Law, in relation to permitting village justices of the Village of Maybrook to live in the towns of Montgomery or Hamptonburgh. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05370, Rules Report No. 246, Paulin, Thiele, Seawright, Lupardo, Dinowitz, Jackson, Meeks, Hevesi, Bronson, Magnarelli, Brabenec, McDonough, 48 NYS ASSEMBLY MAY 24, 2023 Lunsford, Kelles, Zebrowski, Steck, Anderson, Simon, Glick, Vanel, L. Rosenthal, Williams, Bichotte Hermelyn, Walker, Otis, Sayegh, Stirpe, Woerner, Stern, Sillitti, Jacobson, Cook, Carroll, Gallagher, Colton, Fall, Aubry, Forrest, Cruz, Clark, Santabarbara, Hunter, Fahy, Jones, Zinerman, Buttenschon, De Los Santos. An act to amend the Public Health Law, in relation to creating the health emergency response data system. ACTING SPEAKER AUBRY: The bill is laid aside. THE CLERK: Assembly No. A05550, Rules Report No. 247, Thiele, Colton. An act to amend the Environmental Conservation Law, in relation to designating the Montauk Point shoals area as an important bird area and making such area part of the New York State Bird Conservation Area Program. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect on the 60th day. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05587, Rules Report No. 248, Wallace, Sayegh, Kelles, Gunther, Kim, Jacobsen, Brabenec. An act to amend the Public Health Law, in relation to establishing the 49 NYS ASSEMBLY MAY 24, 2023 office of hospice and palliative care access and quality. ACTING SPEAKER AUBRY: Read the last section. THE CLERK: This act shall take effect on the 180th day. ACTING SPEAKER AUBRY: The Clerk will record the vote. (The Clerk recorded the vote.) Ms. Walsh to explain her vote. MS. WALSH: Thank you, Mr. Speaker. I just rise to -- and I don't see the sponsor here right now but I wanted to thank the sponsor for bringing this bill forward again this year. I think this is a really important bill, especially because of the conversation that many of us have had with advocates supporting the other bill which may or may not be taken up this year having to do with medical aid in dying. I think that improving hospice and palliative care is really, really important in our State. We can do better and I think that as the Hospice and Palliative Care Association is supporting this bill said that this bill really is the most readily identifiable approach to improving hospice utilization in New York State. So I'm very proud to support it and I look forward to seeing it pass. Thank you. ACTING SPEAKER AUBRY: Ms. Walsh in the affirmative. Mr. Blumencranz to explain his vote. MR. BLUMENCRANZ: Thank you. I would also just like to thank the sponsor and I wholeheartedly agree with my 50 NYS ASSEMBLY MAY 24, 2023 colleague. Hospice and palliative care in New York has a very long way to go to achieving a level of access to care and quality of care that we would expect from our healthcare system here in New York. Many areas in Upstate and Long Island have very little access to hospice or high-quality hospice and let this be the first step of many to bringing our ability to serve the people of New York in a way that they deserve end of life to the forefront of the conversation we have here today. I will be in the affirmative. Thank you. ACTING SPEAKER AUBRY: Mr. Blumencranz in the affirmative. Ms. Wallace to explain her vote. MS. WALLACE: Thank you, Mr. Speaker, for giving me the opportunity to explain my vote. This bill would establish the Office of Hospice and Palliative Care within the Department of Health. One of the things that we learned during the pandemic is that because hospice and palliative care is just such a different entity from our traditional health-related organizations like hospitals and nursing homes, sometimes they are overlooked. So this would provide a central office where hospice and palliative care workers across the State can reach out and make sure that they have sort of one person that they can express their concerns to and determine how different regulations might impact them. It also will hopefully help us increase the utilization of hospice and palliative care across our State because New York State ranks as one of the lowest in the nation in terms of hospice and palliative care utilization. So I 51 NYS ASSEMBLY MAY 24, 2023 know we all appreciate what amazing work that they do and thank you for supporting this legislation. I'm proud to vote in the affirmative. ACTING SPEAKER AUBRY: Ms. Wallace in the affirmative. Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. Mrs. Peoples-Stokes for the purposes of a announcement. MRS. PEOPLES-STOKES: Mr. Speaker, if you could please call the Ways and Means Committee to the Speaker's Conference Room. It will be our last committee for the day. ACTING SPEAKER AUBRY: Ways and Means, Speaker's Conference Room immediately, please. Thank you. Clerk will read. ACTING SPEAKER AUBRY: Assembly No. A05656, Rules Report No. 249, Levenberg. An act to amend the Criminal Procedure Law, in relation to designating uniformed court officers in the Town of Ossining, County of Westchester as peace officers. 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 will record the vote.) 52 NYS ASSEMBLY MAY 24, 2023 ACTING SPEAKER GIBBS: Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05742-A, Rules Report No. 250, Slater. An act to amend the Public Officers Law, in relation to waiving the residency requirement for the commissioner of planning, development, and public transportation for Putnam County. ACTING SPEAKER GIBBS: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER GIBBS: The Clerk will record the vote. (The Clerk will record the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. Congratulations, Mr. Slater on your first bill. (Applause) The Clerk will read. THE CLERK: Assembly No. A05762, Rules Report No. 251, Lupardo, Colton. An act to authorize the City of Binghamton to offer an optional twenty [sic] year retirement plan to firefighter Scott Pavlick. ACTING SPEAKER GIBBS: Home Rule message is at the desk. Read the last section. 53 NYS ASSEMBLY MAY 24, 2023 THE CLERK: This act shall take effect immediately. ACTING SPEAKER GIBBS: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05781, Rules Report No. 252, Magnarelli, Stirpe. An act to amend the Public Authorities Law, in relation to the Syracuse Regional Airport. ACTING SPEAKER GIBBS: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER GIBBS: The Clerk will record the vote. (The Clerk will record the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05806, Rules Report No. 253, Burdick. An act to amend Chapter 405 of the Laws of 2011, relating to authorizing the lease of lands located at the State University of New York at Purchase, in relation to the permitted use of proceeds from the lease of such lands. ACTING SPEAKER GIBBS: Read the last section. THE CLERK: This act shall take effect immediately. 54 NYS ASSEMBLY MAY 24, 2023 ACTING SPEAKER GIBBS: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05821-A, Rules Report No. 254, Lavine, Thiele. An act to amend the Public Health Law, in relation to the minimum age for lifeguards. ACTING SPEAKER GIBBS: Read the last section. THE CLERK: This act shall take effect on the 90th day. ACTING SPEAKER GIBBS: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05835, Rules Report No. 255, Lavine, Colton, Sillitti, Aubry, Simon. An act to amend the Civil Practice Law and Rules, in relation to exempting applications for an extreme risk protection order from requiring an index number fee. ACTING SPEAKER GIBBS: On a motion by Mr. Lavine, the Senate bill is before the House. The Senate bill is advanced. And the bill is laid aside. 55 NYS ASSEMBLY MAY 24, 2023 THE CLERK: Assembly No. A05862, Rules Report No. 256, Buttenschon. An act to authorize Douglas Brenning of the Village of New York Mills to take a competitive civil service examination for the position of police officers and be placed on the eligible list for employment as a full-time police officer for the Village of New York Mills Police Department. ACTING SPEAKER GIBBS: Home Rule message is at the desk. Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER GIBBS: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05885, Rules Report No. 257, Weinstein, Taylor, Epstein. An act to amend the Tax Law, in relation to the enforcement of delinquent tax liabilities by means of the suspension of licenses to operate a motor vehicle. ACTING SPEAKER GIBBS: On a motion by Ms. Weinstein, the Senate bill is before the House. The Senate bill is advanced. The bill is laid aside. THE CLERK: Assembly No. A05915, Rules Report No. 258, Kim, Rozic, Paulin, Gibbs, McDonald. An act to amend the Elder Law, in relation to the naturally occurring retirement 56 NYS ASSEMBLY MAY 24, 2023 community supportive service program. ACTING SPEAKER GIBBS: On a motion by Mr. Kim, the Senate bill is before the House. The Senate bill is advanced. Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER GIBBS: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A05985-A, Rules Report No. 259, L. Rosenthal, Simon, McDonald, Reyes, Fahy. An act to amend the Public Health Law, in relation to physician coursework or training in nutrition. ACTING SPEAKER GIBBS: Read the last section. THE CLERK: This act shall take effect -- ACTING SPEAKER GIBBS: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A06084-A, Rules Report No. 260, Jean-Pierre, Eachus, Burdick, Santabarbara, Pheffer 57 NYS ASSEMBLY MAY 24, 2023 Amato, Rajkumar, Raga. An act to amend the Parks, Recreation and Historic Preservation Law, in relation to Gold Star families. ACTING SPEAKER GIBBS: Read the -- read the last section. THE CLERK: This act shall take effect April 1st. ACTING SPEAKER GIBBS: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. THE CLERK: Assembly No. A06090, Rules Report No. 261, Anderson. An act to amend the Banking Law, in relation to including participation in a banking development district as a factor when assessing a banking institution's record of performance. ACTING SPEAKER GIBBS: The bill is laid aside. THE CLERK: Assembly No. A06208, Rules Report No. 262, Joyner, Hevesi, Cruz, Burgos. An act to amend the Workers' Compensation Law, in relation to the parties' rights to a hearing upon application to the workers' compensation board and requiring a stenographic record of all hearings held. ACTING SPEAKER GIBBS: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER GIBBS: The Clerk will record the vote. 58 NYS ASSEMBLY MAY 24, 2023 (The Clerk recorded the vote.) ACTING SPEAKER AUBRY: Are there any other votes? Announce the results. (The Clerk announced the results.) The bill is passed. Going to resolutions -- Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: Mr. Speaker, colleagues can now go to page 3 on our main Calendar and take up our resolutions for the day. ACTING SPEAKER AUBRY: Certainly, thank you. Resolutions page 3, Assembly No. 499, the Clerk will read. THE CLERK: Assembly No. 499, Ms. Solages. Legislative Resolution memorializing Governor Kathy Hochul to proclaim May 18, 2023, as Haitian Unity Day in the State of New York, in conjunction with the observance of Haitian Heritage Month. ACTING SPEAKER AUBRY: On the resolution, all those in favor signify by saying aye opposed, no. The resolution is adopted. THE CLERK: Assembly No. 546, Mr. Anderson. Legislative Resolution memorializing Governor Kathy Hochul to proclaim April 2023, as Second Chance Month in the State of New York, in conjunction with the observance of National Second Chance Month. 59 NYS ASSEMBLY MAY 24, 2023 ACTING SPEAKER AUBRY: Mr. Anderson on the resolution. MR. ANDERSON: Thank you, Mr. Speaker. On the resolution? ACTING SPEAKER AUBRY: Yes, sir. MR. ANDERSON: Thank you, sir. So April 2023 is National Second Chance Month and it was declared such by the Biden Administration and so we want to make sure that here in the State of New York we have a Second Chance Month, an opportunity to one; make sure that the individuals who do need a second chance who are reintegrated into society are the ones that we are uplifting and prioritizing. And so this is an important resolution for me and I'm glad to be reintroducing this resolution again this year and my hope is that we continue to prioritize justice-involved individuals as they reintegrate into society. So Mr. Speaker, I hopefully encourage all my colleagues to vote yes on this resolution, thank you. And I'll be in the affirmative. ACTING SPEAKER AUBRY: Certainly. On the resolution all those in favor signify by saying aye; opposed, no. The resolution is adopted. THE CLERK: Assembly No. 547, Ms. Rajkumar. Legislative Resolution memorializing Governor Kathy Hochul to proclaim May 26, 2023, as Guyanese Independence Day in the State of New York. ACTING SPEAKER AUBRY: On the resolution, all 60 NYS ASSEMBLY MAY 24, 2023 those in favor signify by saying aye; opposed, no. The resolution is adopted. THE CLERK: Assembly No. 548, Mr. Cunningham. Legislative Resolution memorializing Governor Kathy Hochul to proclaim May 26, 2023, as Guyana Flag Day in the State of New York. ACTING SPEAKER AUBRY: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. THE CLERK: Assembly No. 549, Ms. Rosenthal. Legislative Resolution memorializing Governor Kathy Hochul to proclaim May 28, 2023, as Menstrual Hygiene Day in the State of New York. ACTING SPEAKER AUBRY: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. THE CLERK: Assembly No. 550, Ms. Jean-Pierre. Legislative Resolution memorializing Governor Kathy Hochul to proclaim May 2023, as Military 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 No. 551, Mr. K. Brown. Legislative Resolution memorializing Governor 61 NYS ASSEMBLY MAY 24, 2023 Kathy Hochul to proclaim September 2023, as Recovery Month in the State of New York. ACTING SPEAKER AUBRY: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. THE CLERK: Assembly No. 552, Mr. Brabenec. Legislative Resolution memorializing Governor Kathy Hochul to proclaim September 2023, as Onion 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 No. 553, Mr. Manktelow. Legislative Resolution memorializing Governor Kathy Hochul to proclaim October 21, 2023, as Pets for Veterans 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. Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: Mr. Speaker, do you have any further housekeeping or resolutions? ACTING SPEAKER AUBRY: We have no housekeeping, but a few fine resolutions which we will take up with one vote. On the resolutions, all those in favor signify by saying aye; 62 NYS ASSEMBLY MAY 24, 2023 opposed, no. The resolutions are adopted. (Whereupon Assembly Resolution Nos. 554-557 were unanimously approved.) Mrs. Peoples-Stokes. MRS. PEOPLES-STOKES: I now move that the Assembly stands adjourned until Thursday, May the 25th, tomorrow being a legislative day and that we reconvene at 12 noon on May the 30th, Tuesday being a Session day. ACTING SPEAKER AUBRY: The Assembly stands adjourned. (Whereupon, at 2:48 p.m., the Assembly stood adjourned until Thursday, May 25th, Thursday being a legislative day, and to reconvene on Tuesday, May 30th at 12:00 p.m., Tuesday being a Session day.) 63