MONDAY, MAY 8, 2023 2:50 P.M.

ACTING SPEAKER AUBRY: The House will come

to order.

Before our opening prayer, let us pause for a moment

of silence in honor of our former colleague, Gary Finch, whom we lost

last Friday. Let us take a moment as a remembrance of his dedication

to public service, and the friendship he shared with us in this

Chamber.

(Whereupon, a moment of silence was observed.)

Reverend Tañón-Santos will offer a prayer.

REVEREND TAÑÓN-SANTOS: Mr. Speaker,

members of the New York State Assembly. We gather in this

hallowed hall in (inaudible) session to serve the people of the State of

New York, and to ensure that policies and resources are available and

NYS ASSEMBLY MAY 8, 2023

accessible for every New Yorker to thrive and live a full life. My

primary prayer for each of you this afternoon is that as you debate,

deliberate and decide, you may know that many throughout the State

hope you will receive every inspiration for excellence, admiration and

goodness. We gather in prayer for the work of goodness, even when

we remember the violent acts that most recently injured and took the

lives of so many in our sister state of Texas. We pause for a moment

that their memories be a challenge to our work and a blessed memory.

(Whereupon, a moment of silence was observed.)

We gather in prayer because as a community of

leaders we must seek to be guided in our sermons and empowered in

our actions by everything that is true, holy, righteous, pure, lovely and

worthy of praise. Would you join me in prayer?

Everlasting source of truth and love in whom we live

and move and have our being as individuals and as a community, open

unto us light for our darkness. Open unto us courage for our hatred.

Open unto us hope for our despair. Open unto us peace for our

turmoil. Open unto us joy for our sorrow. Open unto us strength for

our weakness. Open unto us wisdom for our confession. Open unto

us forgiveness for our shortcomings. Open unto us love for our fear.

Open unto us Your holy self for our human self. Give us the blessing

of an open mind without imposed border, without acquired prejudices.

Give us a grace of deep breath, able to inhale all the pain and all the

hopes of the suffering people we serve, and exhale new life that is

shared, generous, and supportive. Give us the impulse of an embrace

NYS ASSEMBLY MAY 8, 2023

that unites memories with promise, history with project, enhancing the

present with the flavor of full life. Give us the certainty of a just

Earth, with space and opportunity, food and dignity, work and rights

for each human being and for all of creation. Our rich and valuable

diversity. In the name and hope of all that is good, we pray, Amen.

MEMBERS: Amen.

ACTING SPEAKER AUBRY: Visitors are invited

to join the members in the Pledge of Allegiance.

(Whereupon, Acting Speaker Aubry led visitors and

members in the Pledge of Allegiance.)

A quorum being present, the Clerk will read the

Journal of Friday, May the 5th.

Mrs. Peoples-Stokes.

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

dispense with the further reading of the Journal of Friday, May the 5th

and that the same stand approved.

ACTING SPEAKER AUBRY: Without objection, so

ordered.

Mrs. Peoples-Stokes.

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

Monday. Happy Monday after the budget. Mr. Speaker, I would like

to share a quote for the day. This one comes from Henry Ford. Most

of us know him, some of us drive around with his name on our car

every day. His words are, "Whether you think you can, or you think

you can't - you're right." Again, these words from Henry Ford.

NYS ASSEMBLY MAY 8, 2023

Members have on their desks a main Calendar and a debate list.

After any housekeeping or introductions, we're going to take up

resolutions on page 3, then we will begin to consent new bills on the

main Calendar, starting with Calender No. 153, that's on page 17. I

will announce further floor activity if there need be. Members should

also be aware that at the conclusion of today's Session, the Minority

will be offering up a Motion to Discharge. So that is a general outline,

Mr. Speaker, of where we're going. If you have housekeeping now

would be a great time, sir. Thank you so much.

ACTING SPEAKER AUBRY: Thank you so much,

Mrs. Peoples-Stokes.

For the purposes of a introduction, Mr. Santabarbara.

MR. SANTABARBARA: Thank you, Mr. Speaker.

I rise today to introduce a very special guest in our Chamber today,

Reverend Amaury Tañón-Santos who offered today's opening prayer.

A pastor by vocation, a historian by training and a networker by

calling, Reverend Amaury, as we call him at home, serves as the

Executive Director and CEO of the Schenectady Community

Ministries, a half-century old collaborative of faith communities in the

greater Schenectady area, seeking to address social, financial and

political injustices to emanate from and perpetuate systematic poverty.

But before his calling to leadership at Schenectady Community

Ministries, he served as Pastor of congregations in urban contacts in

New York and New Jersey. He also served in higher theological

education as program director in areas of multi-cultural ministry faith

NYS ASSEMBLY MAY 8, 2023

and public life, and Latino/Latina leadership formation, and in the

regional church ministry. His journey in religious vocation,

community engagement and urban life began in his native Puerto

Rico. He has degrees in Spanish, Spanish Caribbean and Latin

American History from the University of Puerto Rico, and Religion

and Society from Princeton Theological Seminary, and in Urban

Studies and Intercultural Engagement from New Brunswick

Theological Seminary. He's also an alumnus from Duke Divinity

Schools of Foundation for Christian Leadership, and part of the Glean

Network through its SHIFT and START program.

Mr. Speaker, I'm so very thankful to have him serving

my Assembly district through Schenectady Community Ministries.

Just this weekend, we had our annual CROP Hunger Walk that fights

against the challenges, disease and disaster and displacement that

leads to leaving people hungry. Last year, the event raised more than

$40,000 and I just talked to Reverend Amaury before -- before we

started Session and he says we're set to exceed that number. That

walk was in my hometown of Rotterdam. I was very pleased to join

him and today, Mr. Speaker, I'm very pleased to have him here in the

Assembly Chamber. If you could please welcome him and extend

him all the cordialities of the House.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Santabarbara, the Speaker and all the members, gracias. We're

happy to have you. Please, thank you and come back soon. We

appreciate it.

NYS ASSEMBLY MAY 8, 2023

(Applause)

For the purposes of a introduction, Mr. Fall.

MR. FALL: Thank you, Mr. Speaker. On behalf of

my constituents in the 61st Assembly District located on the North

Shore of Staten Island, Lower Manhattan, and Red Hook Brooklyn,

and in recognition of Eric Eugene Garvin Day, a resolution we

adopted last week, it is my honor and pleasure to introduce the Garvin

family we have here with us today, along with distinguished

community members that includes the first Black woman to ever be

elected in Staten Island history, Ms. Debi Rose. And we have here

from the Garvin family, the Mayor of Staten Island, Ms. Marjorie

Garvin; Colonel Eric Garvin, Sr., retired veteran from the U.S. Air

Force and father of Eric Eugene Garvin; Ann Marie, who's the

wonderful mother and the glue of the Garvin family who sacrificed so

much for her children; and lastly, the amazing Naomi Garvin, who's

the rock of the family and older sister of our late brother Eric Eugene

Garvin.

Mr. Speaker, in January of this year tragedy struck

the Staten Island community and our entire community when Eric

traveled to Chile and was -- his life was taken from us by criminals

who have now been arrested and are being prosecuted as we speak.

Eric Eugene Garvin was a dear friend of mine, an attorney, and

someone who went above and beyond to fight inequalities. He

worked for the Mayor's Office of Criminal Justice and also worked on

the special task force to address some of the gun violence that we see

NYS ASSEMBLY MAY 8, 2023

in Brownsville, Brooklyn. He started an organization that was geared

toward helping our young people be a little bit more educated and

encouraging them to be entrepreneurs. And that was one of his proud

moments, and I remember when I went to his home-going service in

Maryland with -- with -- for (inaudible), you know, hearing his sister's

story of losing a sibling hurt a lot, right, (inaudible) losing a sibling

myself, and, you know, we -- we see the chaos he created in his life --

in her life he did his job in my opinion, you know, as my little brother

did. So, you know, when I -- when I think about Eric, he was a man

that was incredibly dapper. You know, if you saw his suits you

probably would have to go to the other side of the room because you

didn't want to be in a picture with him and his (inaudible) were always

spinning.

So, Mr. Speaker, the way we remember the legacy of

Eric Eugene Garvin is to continue the fight to fight gun violence we

see in our community, to fight the -- to address the homelessness and

the inequalities we see in our community. Lastly, I look forward to

presenting a proclamation to the Garvin family for the Honorable Eric

Eugene Garvin. Mr. Speaker, can you please welcome this

magnificent family to the People's House and extend the cordialities

of the floor.

ACTING SPEAKER AUBRY: Certainly. On behalf

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

extraordinary family here to the New York State Assembly. We

extend to you the privileges of the floor. Our gratitude that you have

NYS ASSEMBLY MAY 8, 2023

come to share the memories of your loved one with us here today. It

is a history and a legacy that you have left with us that will forever

last. And we hope that you know that you are always welcome here.

And Councilwoman, we are always pleased to have you here,

delighted that you are in a place where you can travel with them and

keep them company as they come to the wilds of Albany. Thank you

so very much, we're happy to have you.

(Applause)

Ms. Rozic for the purposes of a introduction.

MS. ROZIC: Thank you, Mr. Speaker and Madam

Majority Leader. I have the pleasure today of introducing a group of

students from the University of Massachusetts Women into

Leadership Program, they can stand up, they're in the back,

accompanied by the Executive Director, Michelle Goncalves. UWiL

is a competitive leadership training and professional development

program that seeks to prepare more women to go from public

university to public service after graduation. By introducing women

to public leaders and providing opportunities for them to see first hand

the benefits of public service, UWiL provides models and pathways

into leadership for young woman, all while helping to address the

gender gap in politics that we see today, and creating a pipeline

directly into public service. So it's my honor to have them here and

host them today and if we can extend the cordialities of the People's

House, that would be much appreciated. Thank you.

ACTING SPEAKER AUBRY: Certainly. On behalf

NYS ASSEMBLY MAY 8, 2023

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

distinguished ladies here to the New York State Assembly. We

extend to you the privileges of the floor. So pleased that you could

join us, an appropriate place to come because we have young women,

women of all ages here representing their communities, displaying

what it means to be leaders in their own right. And so we couldn't

find a better example of a place with fine examples and leadership

than here. Thank you so very much. We are so pleased to have you.

(Applause)

For the purposes of an introduction, Mr. McDonald.

MR. MCDONALD: Thank you, Mr. Speaker. And I

rise today to introduce a dear friend, actually dear friends. First of all,

our Albany County Clerk, Bruce Hidley and his wife, Helen.

Recently, Bruce was called on to serve as the Grand Exalted Ruler of

the Benevolent and Protective Order of the Elks of the United States

of America. The Order of the Elks was founded to promote and

practice the four cardinal virtues of charity, justice, brotherly love and

fidelity. Bruce first joined the Elks in 1980, and has since served the

organization in many roles at the local and State level, recently being

our State President, now serving as the National President. Bruce and

Helen, because they are a team, are excited to have the opportunity to

serve in this role, and are honored and proud to work and promote all

the programs of the Elks with great enthusiasm. Mr. Speaker, Bruce

and Helen have been recognized in many State Houses throughout the

country, and I thought it would be appropriate that here in Albany

NYS ASSEMBLY MAY 8, 2023

County, which he has represented for the last ten years, that he be

recognized here as well. Please extend to him the cordialities of the

House.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. McDonald, the Speaker and all the members, Bruce and Helen,

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

honored to have you in your national role as an Elk. We hope that you

continue to espouse those principles that you believe in and that that

belief spreads throughout the State. Thank you so very much for

being here.

(Applause)

We will go to resolutions on page 3 starting with

Assembly No. 396, the Clerk will read.

THE CLERK: Assembly No. 396, Ms. Solages.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 3, 2023, as Juvenile Idiopathic

Arthritis Awareness Day in the State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

THE CLERK: Assembly No. 397, Mr. Lavine.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 3, 2023, as Press Freedom Day in the

State of New York, in conjunction with the observance of World Press

Freedom Day.

NYS ASSEMBLY MAY 8, 2023

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

THE CLERK: Assembly No. 398, Mrs. Gunther.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 7, 2023, as Children's Mental Health

Awareness Day in the State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

THE CLERK: Assembly No. 399, Ms. Barrett.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 4, 2023, as Volunteer Firefighters'

Appreciation Day in the State of New York.

ACTING SPEAKER AUBRY: Ms. Barrett on the

resolution.

MS. BARRETT: Thank you, Mr. Speaker. Today I

rise to propose this resolution, which is meant to urge all New Yorkers

to recognize the men and women who volunteer to heroically serve

our communities. Those who've given their lives and prioritized the

safety and well-being of our -- of our constituents above their own,

and they do it on a voluntary basis. There are nearly 100,000

volunteer firefighters in New York State, and volunteer firefighters

just having these volunteer men and women who we would otherwise

have to pay, saves taxpayers in New York State $5 billion. The

NYS ASSEMBLY MAY 8, 2023

95 percent of the volunteer firefighters are with fire departments that

protect the population of less than 25,000, so many small communities

in our State of New York, and more than 50 percent of volunteers are

located in small rural apartments that protect the population of less

than 2,500. And many of us who represent rural parts of the State

know exactly who those men and women are. Across the U.S.,

volunteer firefighters make up two-thirds of the estimated 1.2 million

firefighters in the country. They're often the first to respond, they are

there, they know their families, they know their communities, they

know all of the institutions and we're very grateful to have this group

of people in our communities and serving across the State of New

York.

In this past enacted budget, we passed support for

volunteer fire departments across the State with $25 million in capital

funding. In addition to that, a $6.5 million training fund to help

struggling volunteer fire departments throughout the State to stay

afloat and to recruit new members. Recruitment and retention is one

of the biggest challenges for volunteer fire companies across our State.

So I hope my colleagues will all join me today in

recognizing the volunteer fire departments and firefighters in our

communities and pass this resolution. Thank you.

ACTING SPEAKER AUBRY: Thank you.

On the resolution, all those in favor signify by saying

aye; opposed, no. The resolution is adopted.

THE CLERK: Assembly No. 400, Ms. Jackson.

NYS ASSEMBLY MAY 8, 2023

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 7-13, 2023, as Drinking Water Week

in the State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

THE CLERK: Assembly No. 401, Mr. McDonald.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 2023, as Huntington's Disease

Awareness Month in the State of New York.

ACTING SPEAKER AUBRY: On the resolution, all

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

adopted.

THE CLERK: Assembly No. 402, Mrs. Gunther.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim May 6-12, 2023, as Nurses Week in the

State of New York.

ACTING SPEAKER AUBRY: Mr. Zaccaro on the

resolution.

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

today in support of this resolution to honor the thousands of dedicated

nurses throughout New York State. And it's so fitting that today, on

May 8th, I celebrate what would have been the 9th birthday of my first

born daughter, who my wife and I lost at two-and-a-half months in the

NICU in the Bronx. And I think that it is so profound today that we

NYS ASSEMBLY MAY 8, 2023

celebrate Nurses Week because it was a nurse that allowed my wife

and I at a very young age to be able to go at home at night and get a

little bit of rest knowing that my little girl was taken care of

throughout the course of a night. It was because of a nurse that

allowed my wife and I the opportunity to step out and take a break and

get a breath of fresh air during a time of what we would've thought,

what we knew was great tragedy in our lives to see our little girl go

through such a tragic experience.

And so today I rise to honor every single nurse who

stands on the frontline. Every single nurse who gets up every morning

with the intention of saving lives, with the intention of providing

families with the safety and the security that they need to go about

life, to be able to go home, to take a shower, to take a deep breath, and

to be able to live on with life knowing that their dedication and the

skill that they bring to the workplace can all make us live and breath

just a little bit better each and every day. So Mr. Speaker, I want to

thank the sponsor for today's resolution. I want to thank and honor

every single nurse across our State who wake up every day and do the

tough job that they do and then go home and continue to think about

the patients that they take care of when they're on the clock. A job of

a nurse is never done, and that I know by experience. And so I rise

today to honor them and give them that of which they are due. Thank

you so much for the time, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you, Mr.

Zaccaro.

NYS ASSEMBLY MAY 8, 2023

Mrs. Gunther on the resolution.

MRS. GUNTHER: I rise to congratulate Governor

Kathy Hochul for recognizing nurses all throughout the State of New

York. This has been a very difficult two years for all of the nurses,

and their dedication to all New Yorkers is incredible. You know, as a

nurse myself, you know, sometimes we work ten hours, sometimes 12

hours, the one thing we never do is leave a patient without the

appropriate care. So I think this is very fitting to proclaim May 6-12

and I want everybody to make sure they thank a nurse each day of

May. Thank you so much.

ACTING SPEAKER AUBRY: Mr. Pirozzolo.

MR. PIROZZOLO: Thank you, Mr. Speaker. I'd

also like to rise in support of this resolution. I have a sister who is a

nurse, and I know many nurses, so I would like to say thank you to

nurses throughout the City and the State. But I would also like to

point out that when many of us hear the term "nurse," we think of

people who work in a hospital setting. Nurses go far beyond that.

There are private care nurses, there are nurses who specialize in many

things. So I'd just like to bring recognition to not only the nurses who

work in hospitals, but nurses who work in -- in other areas that are

outside hospitals in their own professional businesses and whatever

else it is that they do. So thank you very much, and thank you to my

sister and thank you to all the nurses from Staten Island.

ACTING SPEAKER AUBRY: On the resolution, all

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

NYS ASSEMBLY MAY 8, 2023

adopted.

Page 17, Calendar No. 153, the Clerk will read.

THE CLERK: Assembly No. A00079, Calendar No.

153, Sayegh. An act to amend the Public Service Law and the Public

Authorities Law, in relation to requiring the results of any outage

management system stress test conducted in the State by a utility

company to be posted online.

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. A00343, Calendar No.

154, Burdick. An act to amend the Public Service Law, in relation to

requiring vine trimming for the maintenance of utility poles.

ACTING SPEAKER AUBRY: On a motion by Mr.

Burdick, the Senate bill is before the House. The Senate bill is

advanced and the bill is laid aside.

THE CLERK: Assembly No. A00352, Calendar No.

155, Bronson. An act to amend the Criminal Procedure Law, in

relation to designating as Peace Officers certain employees of the

Monroe County Sheriff's Office serving as court security deputies at

NYS ASSEMBLY MAY 8, 2023

Monroe County Court facilities.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 30th

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. A00703-A, Calendar

No. 156, dinowitz, L. Rosenthal, Joyner, Colton, Cook,

Peoples-Stokes, Barrett, Zebrowski, Steck, Bichotte Hermelyn,

Hunter, Walker, Raga. An act to amend the General Business Law, in

relation to changes in energy service pricing.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A01806, Calendar No.

157, Dinowitz, Tapia, Simon. An act to amend the Real Property

Actions and Proceedings Law, in relation to requiring the inclusion of

suicide prevention resources to be provided with a warrant of eviction.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02197, Calendar No.

158, Dinowtiz, Otis, Santabarbara. An act to amend the General

Business Law, in relation to requiring comparison of prices charged

by energy services companies.

NYS ASSEMBLY MAY 8, 2023

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02570, Calendar No.

159, Colton, L. Rosenthal, Walker, Cook, Seawright, Dickens, Taylor,

Glick, Williams, Rivera, Darling. An act to amend the Public

Authorities Law, in relation to providing notification to customers of

bed bug infestations on MTA subways, trains and buses.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02866, Calendar No.

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

Weprin. An act to amend the Insurance law, in relation to

homeowners insurance deductibles triggers.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02882, Calendar No.

161, Dinowitz, Tapia, Weprin, Kelles, Forrest, Raga, Epstein. An act

to amend the Penal Law, in relation to warnings to be posted and

provided by firearms dealers.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A02883, Calendar No.

162, epstein, Santabarbara, Jacobson, Hunter, Simon, L. Rosenthal,

Seawright, Magnarelli, Glick, Cook, Reyes, Mitaynes. An act to

amend the Civil Practice Law and Rules, in relation to requiring a

certificate of merit in proceedings to recover possession of real

property.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03110, Calendar No.

NYS ASSEMBLY MAY 8, 2023

163, Magnarelli. An act to amend the Real Property Actions and

Proceedings Law, in relation to requiring a petition in a summary

proceeding to recover possession of real property in the City of

Syracuse to allege proof of compliance with local Laws requiring

rental residential property registration and licensure.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 90th

day.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A03125-A, Calendar

No. 164, Magnarelli, Gunther, Glick, Dinowitz, O'Donnell, Simon.

An act to amend the Public Service Law, in relation to certain call

centers.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 30th

day.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

NYS ASSEMBLY MAY 8, 2023

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A03231, Calendar No.

165, Epstein. An act to amend the Alcoholic Beverage Control Law,

in relation to making the provisions governing the various

on-premises liquor licenses consistent with respect to public interest

factors that may be considered by the State Liquor Authority when

evaluating the merits of a license application.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03241, Calendar No.

166, Paulin, Gunther, L. Rosenthal, Woerner, Fahy, Taylor, Carroll,

Jacobson, Simon, Seawright, Sayegh, Burdick, Jean-Pierre,

González-Rojas, Forrest, Weprin. An act to amend the Public Health

Law and the Insurance Law, in relation to premium reduction for

obstetric practitioners who complete a risk management strategies

course.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 365th

day.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04064, Calendar No.

167, Gallagher, Fall. An act to amend the General Business law, in

relation to requiring restaurants and persons authorized to sell

alcoholic beverages to have tangible menus available upon request.

ACTING SPEAKER AUBRY: The bill is laid aside.

NYS ASSEMBLY MAY 8, 2023

THE CLERK: Assembly No. A04386, Calendar No.

168, Zebrowski, Simon, L. Rosenthal, Santabarbara. An act to amend

the Public Authorities Law, in relation to directing the New York

State energy research and development authority to prepare a report

regarding the replacement of decommissioned or dormant electric

generating sites with renewable energy development and energy

storage opportunities.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04403, Calendar No.

169, Zebrowski. An act to amend the Public Service Law, In relation

to clarifying how certain non-billing information regarding the

delivery of water is disclosed to residents of cooperatives,

condominiums or multi-family dwellings.

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. A04428, Calendar No.

170, Steck, Hunter, Santabarbara. An act to amend the Real Property

Law, in relation to requiring the modification of restrictive covenants

prior to the sale of real property.

NYS ASSEMBLY MAY 8, 2023

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04504-A, Calendar

No. 171, Epstein, Cruz, Seawright, Gibbs, Cook, Dinowitz, Colton,

Glick, Santabarbara, Reyes, Shimsky, Stern, Cunningham, Raga,

Zinerman, Levenberg, Kim, Bores. An act to amend the Public

Authorities Law, in relation to requiring one voting member of the

Metropolitan Transportation Authority be a transit dependent

individual.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04750, Calendar No.

172, Epstein, Burdick. An act to amend the Real Property Law and

the General Obligations Law, in relation to prohibiting residential

landlords from charging tenants a fee for a dishonored rent check in

excess of the actual costs or fees incurred by such landlord as a result

thereof.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04781, Calendar No.

173, Mamdani, Burgos, Cruz, Davila, Epstein, Forrest, Gallagher,

González-Rojas, Mitaynes, L. Rosenthal, Jackson, Raga, Simone,

Reyes, Shrestha, Steck. An act to amend the Real Property Law, in

relation to prohibiting landlords, lessors, sub-lessors, and grantors

from demanding brokers' fees from a tenant.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A05610-B, Calendar

No. 174, Rozic, Hevesi, McDonald, Aubry, Simon. An act to amend

NYS ASSEMBLY MAY 8, 2023

the General Business Law, in relation to establishing restrictions on

the sale of over-the-counter diet pills and dietary supplements for

weight loss and muscle building.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A05653-A, Calendar

No. 175, Reyes, Williams, Otis, Walsh. An act to amend the General

Business Law, in relation to the price gouging of medicine.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A05772, Calendar No.

176, Lavine, Simon. An act to amend the Civil Practice Law and

Rules, in relation to an affirmation by any person, wherever made, in a

civil action.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A05856, Calendar No.

177, Glick. An act to amend the Alcoholic Beverage Control Law, in

relation to renewals of licenses and permits.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A05949, Calendar No.

178, Burdick, Thiele, Colton, L. Rosenthal, Burke, Simon. An act to

amend the Environmental Conservation Law, in relation to prohibiting

the application of pesticides to certain local freshwater wetlands.

ACTING SPEAKER AUBRY: The bill is laid aside.

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

NYS ASSEMBLY MAY 8, 2023

to requiring certain companies and corporations to report certain data

regarding the gender, race and ethnicity for their employees.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A06009, Calendar No.

180, Cruz, Burdick, Darling, Sillitti, Simon, Woerner, Glick, J. A.

Giglio, McDonough. An act to require the New York State Energy

Research and Development Authority to develop recommendations

regarding the establishment of microgrids.

ACTING SPEAKER AUBRY: On a motion by Ms.

Cruz, 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.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker, for allowing me to interrupt our proceedings for the purposes

of an introduction on behalf of our colleague, Assemblymember Cruz.

We would like you to welcome the members of the National

Association of Women Judges. The Association is dedicated to

promoting diversity and gender equality in the Judiciary system.

NYS ASSEMBLY MAY 8, 2023

Founded in 1979, the Association has grown to become one of the

largest organizations of women judges in the world, all members --

with members from over 50 States. The organization has inspired

generations of young girls to enter into legal fields, and embark upon

legal, judicial careers. The Association is dedicated to admirable

ideas, including ensuring equal justice and access to courts for all

including women, youth, elderly and all those from marginalized

communities, as well as developing Judicial leaders and adding more

women to the bench. The New York Chapter of the Association is

one of the most active and influential chapters within the organization.

With over 200 members, the Chapter hosts regular events and

programs that focus on promoting diversity and inclusion in the

Judiciary system, as well as supporting professional development of

women judges all over the State. This Chapter has been instrumental

in advocating for policies that promote gender equality and the

advancement of women in legal careers.

The members that are with us today, Mr. Speaker, is

the Honorable Joann Lynchman [sic]; Honorable Llinet Rosado; the

Honorable Enedina Pilar Sanchez; the Honorable Carmen Velasquez,

the Honorable Betty Calvo-Torres; Honorable Anna Culley;

Honorable Teneka Forrest [sic]; Honorable Debra Givens; Honorable

Veronica Gorman; the Honorable William -- Wilma Guzman; the

Honorable Maureen Heitzner [sic] ; the Honorable Marcia Hirsch; the

Honorable Kate Hogan; the Honorable Edwina Richardson

Mendelson; the Honorable Joanna [sic] Quinones; Honorable Debra

NYS ASSEMBLY MAY 8, 2023

Silber; the Honorable Sharon Townsend, retired but she's still

honorable; the Honorable Lourdes Ventura; and the Honorable Diane

Wray.

Mr. Speaker, if you would please, on behalf of our

colleague Madam Cruz, as well as the entire Body, welcome these

outstanding women who have demonstrated leadership not only in

their own respected municipalities but across the nation.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mrs. Peoples-Stokes, Member Cruz, the Speaker and all the

members, we welcome these enormously, proudful, young women

here to the New York State Assembly. Your Honors, in collectively,

and of course, Assemblymember Cruz couldn't have done any better,

she brings you in justice as we're passing her bill which will become

law. If that isn't timing and power of a woman, I don't know what is.

But it is certainly a pleasure having you here. We extend the

privileges of the floor to you. We salute you and the work that you do

making sure that justice arrives in this State on a regular basis. Thank

you so very much, please know that you are always welcome.

(Applause)

The Clerk will read.

THE CLERK: Assembly No. A06134, Calendar No.

181, Clark, Lupardo, Fahy. An act to amend the Alcoholic Beverage

Control Law, in relation to changing the duration of certain licenses.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 180th

NYS ASSEMBLY MAY 8, 2023

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. A06276, Calendar No.

182, L. Rosenthal, Epstein, Bichotte Hermelyn, Burdick. An act to

amend the Administrative Code of the City of New York, in relation

to requirements for a building owner to refuse to renew a lease when

the building is to be demolished.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A06317, Calendar No.

183, Glick, Dinowitz, Kelles, Colton, Epstein, Burdick. An act to

amend the Real Property Law, in relation to enacting the "Low Impact

Landscaping Rights Act"

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A06544, Calendar No.

184, Hevesi, Chandler-Waterman, Epstein, Walker. An act to amend

the Family Court Act, in relation to expungement of records in

persons in need of supervision cases in the family court.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 90th

day.

NYS ASSEMBLY MAY 8, 2023

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Mrs. Peoples-Stokes for the purposes of a

introduction.

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

allowing me to interrupt the proceedings for the purposes of

introducing some guests from New England -- I'm sorry, New

Zealand; a long way away. Mr. Speaker, during the course of this

Session alone, we have had more international visitors than I can

recall in my history here, but I've had the opportunity to meet with

these folks who are members of the Parliament of New Zealand. And

not only are they elected and serving 60,000 people or some, but

they're skilled at their job much like we are, sir. So would you please

welcome them to our Chambers; the Honorable Camilla Belich; the

Honorable Nicola Grigg; the Honorable Tim van de Molen; the

Honorable Dan Rosewarne; the Honorable Sam Uffindell; and the

Honorable Arena Williams. They are escorted by Ms. Christy

Milford, she is the Interim Public Relations Advisor for the

Parliament. If you could please welcome our guests from New

Zealand to our Chambers and offer them the cordialities of the floor, it

would be my pleasure, sir.

NYS ASSEMBLY MAY 8, 2023

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mrs. Peoples-Stokes, the Speaker and all the members, we

welcome our guests here from New Zealand. We extend to you the

privileges of the floor. Our thanks for joining us here in Albany.

Hope that you have found some of the proceedings here today

interesting, hope you will be able to share the experiences you've had

with your fellow countrymen, and also let us know how we did.

Thank you so very much.

(Applause)

Page 33, Calendar No. 185, the Clerk will read.

THE CLERK: Assembly No. A06545, Calendar No.

185, Davila, Chandler-Waterman, Walker. An act to amend the

Family Court Act, in relation to orders of protection expiration dates

and permissible duration of temporary orders of protection in juvenile

delinquency cases in family court.

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. A06587, Calendar No.

186, Lavine. An act to amend Chapter 455 of the Laws of 1997,

NYS ASSEMBLY MAY 8, 2023

amending the New York City Civil Court Act and the Civil Practice

Law and Rules relating to authorizing New York City Marshals to

exercise the same functions, powers and duties as sheriffs with respect

to the execution of money judgments of the supreme and family courts

of the City of New York and defining the term: "The Sheriff" as used

therein, in relation to extending the effectiveness of such chapter.

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.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, if we could

now go to our debate list, and if we could take up Calendar No. 39

and Calendar No. 77.

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes.

Calendar No. 42 -- Calendar No. 39, page 9, the

Clerk will read.

THE CLERK: Assembly No. A03691-B, Calendar

No. 39, Thiele. An act to amend Chapter 672 of the Laws of 1993,

amending the Public Authorities Law relating to the construction and

NYS ASSEMBLY MAY 8, 2023

financing of facilities for certain public libraries, in relation to

including the Shelter Island Public Library Society.

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.

Page 11, Calendar No. 77, the Clerk will read.

THE CLERK: Assembly No. A03552-A, Calendar

No. 77, Pretlow, Lupardo, Zinerman, Colton. An act to amend the

Agriculture and Markets Law, in relation to increasing fines for selling

disabled Equidae.

ACTING SPEAKER AUBRY: Mr. Goodell.

MR. GOODELL: Thank you, sir. Would the sponsor

yield?

ACTING SPEAKER AUBRY: Mr. Pretlow, will you

yield?

MR. PRETLOW: Most certainly, Mr. Speaker.

ACTING SPEAKER AUBRY: Mr. Pretlow yields.

MR. GOODELL: Thank you, Mr. Pretlow. Now, it's

my understanding that this law does a couple of things. It takes the

current law that makes it illegal to auction off a horse that cannot be

NYS ASSEMBLY MAY 8, 2023

worked in the field as being illegal and subject to a fine up to $100

and expands it to include all Equidaes and increases the fine from 100

to $1,000 --

MR. PRETLOW: No, from $5 to $1,000.

MR. GOODELL: Five thousand?

MR. PRETLOW: Five dollars.

MR. GOODELL: And -- and makes it also a

misdemeanor, correct?

MR. PRETLOW: Yes. You explained the bill well,

Mr. Goodell.

MR. GOODELL: So my first question is the current

law, which was adopted initially in 1909 when horses were widely

used in agriculture for plowing, was intended to make sure that

someone who went to the auction and bought a horse at an auction

wasn't addled with a horse that couldn't perform in the field.

MR. PRETLOW: Yes.

MR. GOODELL: I mean, it was a consumer

protection clause. So my -- my first question, am I correct that this

expands it from horse to Equidae?

MR. PRETLOW: Equidae includes all horses, mules,

donkeys and other animals of that nature.

MR. GOODELL: Including zebras.

MR. PRETLOW: Including Seabiscuit?

MR. GOODELL: Yeah. But my question is this.

MR. PRETLOW: Oh, zebras, absolutely. If you

NYS ASSEMBLY MAY 8, 2023

have a pet zebra, it would definitely be included.

MR. GOODELL: So why is it that we need a

statutory provision that applies to wild horses, donkeys, mules and

zebras?

MR. PRETLOW: I don't think there are very many

wild donkeys running across the State of New York, nor any zebras

anywhere in the Adirondacks or wild horses for that matter. But what

we're doing is bringing in an entire class of animal, the equines.

MR. GOODELL: Okay. You know, this was -- this

was enacted in 1909, amended in 1965, how many violations were

enforced say, last year or in the last couple years by Ag and Markets?

MR. PRETLOW: Well, part of the problem, Mr.

Goodell, is that enforcement has been lax because the fine is so -- was

so small at $5 that individuals found it profitable to buy (inaudible)

horses at auction and ship them up to -- mostly -- we call them kill

buyers, and they buy specifically for the purpose of selling horses for

human consumption. Now, as we have made changes to the law

incrementally, I'm understanding now that some of these kill buyers

are still buying horses at a reduced amount of money and then going

to one of the many rescue operations or organizations we have in the

State of New York right now and saying, I bought this horse for $300

but I'll sell it to you for 900 or a thousand or I'll send it to the

slaughterhouse in Canada. So they actually created a cottage industry

of extortion trying to help some of the good people of New York that

are trying their best to give a good life to an old retired racehorses, all

NYS ASSEMBLY MAY 8, 2023

retired horses for that matter.

MR. GOODELL: I understand that. My question

was, are you aware of any enforcement actions by Ag and Market last

year?

MR. PRETLOW: Ag and Market does go to these

auctions. My understanding is is they have been lax in their

adherence to the law or enforcing the laws as they are on the books.

MR. GOODELL: I -- I apologize for asking the same

question three times, but are you aware of the number of enforcement

actions brought by Ag and Market last year --

MR. PRETLOW: No, I'm not.

MR. GOODELL: -- or the year before?

MR. PRETLOW: No.

MR. GOODELL: Okay.

MR. PRETLOW: Or the year before that.

MR. GOODELL: All right.

MR. PRETLOW: Or to 1905 for that matter.

MR. GOODELL: Gotcha. Thank you, I appreciate

that.

On the bill, sir.

ACTING SPEAKER AUBRY: On the bill, Mr.

Goodell.

MR. GOODELL: As I mentioned earlier, when this

bill was enacted in 1909, it was a consumer protection bill, and it

basically said that no auctioneer would norm -- would knowingly sell

NYS ASSEMBLY MAY 8, 2023

a disabled horse that was unable to work in the field. And the fine

was minimum of five, maximum of 100. This is almost irrelevant to

the State of New York because very few farmers still use horses in the

field to plow, with the exception of the Amish. And for those who

aren't familiar, the Amish use horses, they don't use electricity, and

they rely on the horses for transportation and for plowing their fields

and all other aspects of domestic work. So what happens if you're

Amish and your horse becomes disabled and you've invested a

substantial amount of money buying that horse and taking care of it

through its life expectancy. The answer is, you sell it with full

disclosure that the horse is no longer capable in the field -- working in

the field. And what's this bill designed to do? It's designed to make it

a misdemeanor with a $1,000 fine if you sell a horse to an auctioneer

that's disabled and no longer can work in the field. So you take a

horse that the Amish have invested in and you render its resale value

zero. It doesn't hurt anyone else because nobody else around the State

uses horses, but it has a significant potential negative impact on our

Amish and open the door for them to be fined or imprisoned for up to

a year for trying to recoup some of their investment in that horse.

Many of you may not be familiar but one of the

oldest agricultural organizations in the State of New York is called the

Grange. And the Grange in their legislative recommendations for this

year right at the beginning say that they oppose treating animals as

sentient beings or for those who like longer words anthropomorphism,

which is treating animals like people. Well, if you're in an -- if you're

NYS ASSEMBLY MAY 8, 2023

in an Amish farming community and they're across the State, this is

part of your livelihood and we should not criminalize their efforts to

recoup their investment. And for that reason, I'll be opposing it.

Thank you, sir.

ACTING SPEAKER AUBRY: Thank you, sir.

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. Lavine to explain his vote.

MR. LAVINE: Thank you, Mr. Speaker. We've had

this policy in effect for an awfully long time, and it is to protect horses

and members of the Equidae, if I'm pronouncing that correctly,

species or breed of animals. As a young man, I worked driving a

livestock truck throughout the Upper Midwest and hauled all different

types of livestock, originally from farmer to farmer, but then towards

the end to the slaughterhouses. I don't know if any of you have ever

been to a slaughterhouse, but it is not -- it is not a pleasant experience.

There is a bond between human beings - I'm going to speak

specifically to horses - there is a bond, a strong bond. They might not

be sentienced animals in the view of some, but they have a knowledge

of us and we have a knowledge of them. I would hate to see animals

put to death in this fashion. And finally, if I'm -- if I'm involved in

agriculture and I have a horse that has worked for me and I purchase

NYS ASSEMBLY MAY 8, 2023

that horse for value, that animal has more than paid for itself day after

day, months after months, year after year. I don't know if I accept the

argument that this bill would discriminate against any particular group

of people that are involved with agriculture, but I think this is a darn

good bill. We're human beings and we try to protect the animals that

we -- that we love and for whom we have feelings, and they have

feelings for us. I'm very pleased to vote and accept in favor of this

particular bill. Thank you.

ACTING SPEAKER AUBRY: Mr. Lavine in the

affirmative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Mr. Goodell.

Mrs. Peoples-Stokes, I'm sorry.

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

would you please call on Mr. Gandolfo for the purposes of Motion to

Discharge.

ACTING SPEAKER AUBRY: Mr. Gandolfo.

MR. GANDOLFO: Thank you, Mr. Speaker. I move

to discharge the Committee on Real Property Tax Law from further

consideration of Assembly Bill A2758 sponsored by myself for the

purpose of bringing the same before the House for its immediate

consideration and request permission to explain it.

ACTING SPEAKER AUBRY: Certainly. The

NYS ASSEMBLY MAY 8, 2023

motion is in order, and on the motion, Mr. Gandolfo.

MR. GANDOLFO: Thank you, Mr. Speaker. We

have a great bill here, I think you're going to like it, I think everybody

is going to like it. This bill would allow local governments to offer a

property tax credit of up to $400 for U.S. military reservists who are

not called into active duty. Statistics show that 40 percent of our

military is comprised of reservists, with many of them living here in

New York. What this bill does is it shows a little bit of appreciation

for their service to the country, as these individuals know that at any

moment they can be called away from their family, and their friends,

their neighbors to go protect and serve not only New Yorkers but our

-- our country.

So this bill, again would allow local governments to

adopt a law to offer a $400 property tax credit. It's not forcing them to

do this, it would be a local option, they can opt in because we do

respect local control, and I move for its full consideration. I hope my

colleagues will support it, it's really a great bill. Thank you, Mr.

Speaker.

ACTING SPEAKER AUBRY: Thank you, sir.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you as well, Mr.

Speaker. I want to thank the gentleman for his thought process, but I

will remind colleagues that this is a procedural vote he's asking us to

take. I'm going to encourage folks not to take it, we should be voting

this proposed discharge down. There is a process we can go through

NYS ASSEMBLY MAY 8, 2023

to get to this place when he would desire us to be, one of them is

there's even Home Rule messages from all those local governments.

And probably, sir, I just want to add that, you know, there are a

number of pieces of legislation that's already been in place, even much

before I got here, they're still in place that provides many benefits for

veterans. And nobody can as a Body say that they work more

feverishly for veterans' issues than the Assembly. And so I want to

commend the work we've done in the past for veterans. It is critically

important to provide them whatever we can given that they've done

something that many of us perhaps are not willing to do, but there is a

veterans' property tax exemption already in place in State law. There

also is a military reserves offering a veterans' exemption in place

already. So I would ask my colleagues to join me in voting down this

discharge and asking the gentleman to go back through the Committee

process to communicate with the Chair and let's work things out.

Thank you, sir.

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes.

Mr. Goodell.

MR. GOODELL: Thank you, sir. The Republican

Conference looks forward to voting on the merits of this bill as well,

and support its effort to bring this to the floor. Those who don't wish

to consider it or on the floor certainly can vote no from their seats here

in the Assembly. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

NYS ASSEMBLY MAY 8, 2023

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker, as well. The Majority Conference is generally voting down

this attempted discharge, and we would certainly encourage the

gentleman to keep up his work on the merits of legislation and when

something comes appropriately we can handle it. Right now, this is a

no. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

Members are reminded again that the motion before

the House is a procedural question and not a vote on the merits of the

bill.

On Mr. Gandolfo's motion, 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 motion is lost.

Mrs. Peoples-Stokes.

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

have any further housekeeping or resolutions?

ACTING SPEAKER AUBRY: We have a privileged

resolution by Ms. Sillitti, the Clerk will read.

THE CLERK: Assembly No. 410, Ms. Sillitti.

Legislative Resolution mourning the death of John

Baptisto Fiore, proud Vietnam Veteran, distinguished citizen and

NYS ASSEMBLY MAY 8, 2023

devoted member of his community.

MS. SILLITTI: I'm going to try to get through this.

Thank you, Mr. Speaker. It is a great honor for me to sponsor this

resolution for John Baptisto Fiore, Commander of VFW Post 1819 in

Port Washington who passed away unexpectedly on December 30th.

John Fiore holds a very special place in my heart. He was actually the

first person to visit my office. He came in with his beautiful smile and

enthusiastic and warm disposition. He was there to pick up Valentine

cards young students had made for our veterans and he couldn't have

been more appreciative. The words that children wrote literally

brought him to tears. During his visit to my office he presented me

with a VFW Challenge Coin from his Post and he said that as you

begin your new role, don't forget us.

From that moment on, we not only became partners,

we became friends. And the more you got to know John, the more

you loved and respected him. John rarely spoke of his time in

Vietnam, but I learned so much after his passing. He served bravely

in the Vietnam War and participated in 45 helicopter combat

missions. He was awarded the Combat Infantry Badge, the Vietnam

Service Medal, the Vietnam Combat Medal and the National Defense

Medal for his exemplary service. John was also awarded the

Commendation Medal for moving through intense enemy fire to

provide first aid to a wounded comrade in battle. John running

through an intense enemy fire to help one of his brothers best

describes the person John Fiore was. He would give the clothes off

NYS ASSEMBLY MAY 8, 2023

his back to help someone in need. As a matter of fact, John made sure

someone was always in attendance at an unclaimed veteran burial.

His voice rang out at scores of graveside services as he recited the

poem, Bury Me with Soldiers. And then he accepted their flag

because he treated every Veteran as family. When John died, his son

found 61 folded flags in his father's closet. John never told us. And if

John saw a worn American flag as patriotism, it prompted him to track

down the owner and offer a new one. He also made sure necessary

repairs and renovations were being done at his VFW Post to ensure

veterans were being properly serviced. His efforts were really felt by

all. John has left a legacy of commitment and service to this country

and our community and I wish I had more time to talk about my friend

and the legacy he left, we literally could be here all day. I was there

when John was laid to rest at Calverton National Cemetery on Long

Island. A place I know well, my parents are there. And they have a

saying at Calverton. No veteran ever dies. I know I speak for so

many back home when I say his love for his fellow veterans, his

country and his community will be with us forever. His memory will

never die and I know because of this resolution, he will be forever

etched in New York State history.

My colleagues please join me in supporting this

resolution to not only honor an American hero, but a truly good and

decent man that our community will never forget. Thank you.

ACTING SPEAKER AUBRY: On the resolution, all

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

NYS ASSEMBLY MAY 8, 2023

adopted.

Mrs. Peoples-Stokes, we have numerous other fine

resolutions.

On the resolutions, all those in favor signify by saying

aye; opposed, no. The resolutions are adopted.

Mrs. Peoples-Stokes.

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

move that the Assembly stand adjourned and that we reconvene at

2:00 p.m. Tuesday, May the 9th, tomorrow being a Session day.

ACTING SPEAKER AUBRY: The Assembly stands

adjourned.

(Whereupon, at 4:41 p.m., the Assembly stood

adjourned until Tuesday, May 9th at 2:00 p.m., Tuesday being a

Session day.)