MONDAY, JUNE 5, 2023 12:52 P.M.
ACTING SPEAKER AUBRY: The House will come
to order.
In the absence of clergy, let us pause for a moment of
silence.
(Whereupon, a moment of silence was observed.)
Visitors are invited to join the members in the Pledge
of Allegiance.
(Whereupon, Acting Speaker Aubry led visitors and
members in the Pledge of Allegiance.)
A quorum being present, the Clerk will read the
Journal of Sunday, June the 4th.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, I move to
dispense with the further reading of the Journal of Sunday, June the
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4th and that the same stands approved.
ACTING SPEAKER AUBRY: Without objection, so
ordered.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you so much, sir.
To guests and colleagues that are in the Chambers, this is the first day
of the last week of our 2023 Session. We're going to start this one
with a quote from the Dalai Lama. He is described as a Buddhist
monk, a spiritual leader and the head of Tibet. He said, The [sic] only
two days in the year that nothing can be done about [sic]. One is
called yesterday, the other one [sic] is called tomorrow. So [sic]
today is the day [sic] to love, to [sic] believe, and to [sic] mostly live.
Again, these words are from the Dalai Lama.
Mr. Speaker, colleagues have on their desk a main
Calendar. We also have a debate list, and after any housekeeping
and/or introductions, we're going to be calling for the following
Committees to meet: Ways and Means and Rules. These Committees
are going to produce an A-Calendar of which we will take up today on
consent. We will be working from the debate list, we're going to start
with Rules Report No. 282 by Mr. Otis, followed by Rules Report No.
232 by Ms. Solages, and Rules Report No. 319 by Mr. Vanel.
Members should also note that we will be taking up the Calender
resolutions at the end of today. So if you have one you'd like to speak
on, you want to be in and around the Chamber when that happens. I
will announce further floor activity if need be, Mr. Speaker. For sure,
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NYS ASSEMBLY JUNE 5, 2023
the Majority Conference will be having a conference in Hearing Room
B at the conclusion of our work on the floor, and I will check with our
colleagues on the other side of the aisle to determine what their needs
are. But, Mr. Speaker, that's the general outline of where we're going
today. If you have housekeeping and/or introductions, now would be a
great time, sir. Thank you.
ACTING SPEAKER AUBRY: We have both, Mrs.
Peoples-Stokes, thank you.
On a motion by Mr. McGowan, page 32, Calendar
No. 206, Bill No. A04793-A, amendment is -- bill is amended to the
original number of 4793.
On a motion by Mr. Epstein, page 23, Calendar No.
27, Bill No. A02177, the amendments are received and adopted.
And for the purposes of a introduction, Mr. Sayegh.
MR. SAYEGH: Thank you very much, Mr. Speaker.
Today, later in the day, we will be introducing -- introducing
Resolution No. 613 declaring Yoga Day in New York State. Yoga
Day has been already declared by the United Nations, and nationally
as a day to respect all the benefits of yoga. And I wanted today to
introduce some very special guests that are here with us, a delegation
of national and international both leaders and students of yoga, and
advocates of peaceful coexistence, advocates of collaboration and
interfaith dialogue. And to head this group today, Mr. Speaker, a dear
friend and international scholar on yoga and peaceful initiatives is
Guruji, His Holiness Dileepkumar Thankappan, who is the Global
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NYS ASSEMBLY JUNE 5, 2023
Chairman of World Yoga Community and the Main NGO
representative to the United Nations. Joining him with -- with his
group is Mr. K.L.S. Bhushan, Esq., Trustee, World Yoga Community;
Dr. Oluremi Alapo, who is an Advisor to the World Yoga Community;
the Reverend Francis Marsal, Pastor and Coordinator of Heavenly
USA, an international/national organization that promotes dialogue
and interfaith celebration. And the yoga students from Heavenly USA
that are with us today, JungSun Rosanna Batino, Mihwa Janay Prieto,
Desiree Esther Contreras, Yeon Sun Asif Tariq, Ko-Song Victor
Morimoto, In-Ju Keiko Mims, Jean Prieto, Zachariah Thomas Iverson,
and Hiroki Kamioka. These are all individuals that are with us today
to witness the resolution on World Yoga, and to all help us celebrate
the expansion of world yoga.
I would appreciate if we can extend the full cordiality
of this Chamber, Mr. Speaker.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Sayegh, the Speaker and all the members, we welcome you
here to the New York State Assembly, extend to you the privileges of
the floor. Thank you for spending this time with us, and peace be to
you. Thank you so very much.
(Applause)
Mr. Burdick for the purposes of a introduction.
MR. BURDICK: Thank you, Mr. Speaker. It is my
pleasure to introduce a number of residents visiting here in Albany
today, three high school seniors doing their "senior experience" with
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us: Ian Rhodes of Bedford, John Jay High School senior going to
Colgate University in the fall; Michael O'Donnell of Bedford, also a
John Jay High School senior going to Fordham University in the fall;
Julia Sun of New Castle, a Horace Greeley senior going to Wellesley
College in the fall, and she's here with her family, Uncle Larry Liu,
mom, Angela Liu, and brother, Andy Sun. And another one of my
interns who has been with us since the fall, Divya Sharma of Bedford,
a junior in high school and a math whiz, joined by her mother, Mukta
Sharma. I have two other constituents here, Christina Rae of
Lewisboro, and Iris Weintraub of New Castle.
Mr. Speaker, I would appreciate it if you would
extend the courtesies of the People's House. Thank you.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Burdick, the Speaker and all the members, we welcome this
distinguished group here to the New York State Assembly, extend to
you the privileges of the floor. Our congratulations and well wishes to
those of you young people who are going on to college. I hope that
that experience is going to be successful, and all that you have learned
will make that successful even more pleasant. Thank you again, and
families, for coming and supporting your children. That is most
important, that is how we improve our world and the future. Thank
you so very much.
(Applause)
Mr. Miller for the purposes of a introduction.
MR. MILLER: Thank you, Mr. Speaker, for allowing
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NYS ASSEMBLY JUNE 5, 2023
me the privilege of an introduction. Today we have with us my son,
Nick Miller, and his girlfriend, Brianna O'Drain. They have just
finished their first year at Elmira College. Nick is on the baseball
team as a pitcher and a first baseman, and is majoring in criminal
justice. Brianna is a triple major in psychology, human services and
sociology and anthropology. They are here today to learn more about
State government and legislation as it pertains to their fields of study.
So on behalf of myself, the Speaker and members of
the House, please extend the cordialities of the floor.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Miller, the Speaker and all the members, two distinguished
young people, we welcome you both here to the New York State
Assembly. We extend to you the privileges of the floor.
Congratulations on what you've done. We look forward to a brilliant
future for both of you, and maybe one day returning here in another
capacity, who knows? Thank you so very much for joining us today.
(Applause)
Ms. Fahy for the purposes of a introduction.
MS. FAHY: Thank you, Mr. Speaker. Today is a
special day. We have a resolution later today, but I have guests here
who are health practitioners, researchers and volunteers who provide
scleroderma services throughout this Capital Region, particularly
researching the disease at the Albany College of Pharmacy and those
who serve on the board for the Steffens Scleroderma Foundation.
Some of our guests today include Dr. Lee Shapiro, Dr. Tadros, Dr.
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NYS ASSEMBLY JUNE 5, 2023
Farrukh [sic], Jessica Farrell, Pradeepa Jayachandran, and an old, dear
friend of ours, Donna Langan, who is no -- no stranger to this Body.
Scleroderma is an auto -- auto-immune connective
tissue and rheuma -- rheuma -- rheumatic disease that causes
inflammation of the skin and other areas of the body. It tricks the
body into thinking they are injured and it causes inflammation. The
body then makes too much collagen, leading to scleroderma. There
are two different types of it and there is no cure. The goal of the
treatment is to relieve the symptoms and stop the progression of the
disease. Today we are here to try to draw attention to scleroderma, the
disease, as well as promote awareness and encourage collaborative
efforts nationally and internationally.
Mr. Speaker, if you would greet our -- our guests
today who are here, and it's a life work for them. Thank you.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Fahy, the Speaker and all the members, welcome to the
People's House. We extend to you the privileges of the floor. Our
thanks for the work that you're doing to inform us of this particular
disease, and continue that work so that maybe one day a cure will be
found. Thank you so very much for all the work that you do and are
doing. Thank you.
(Applause)
Mr. Slater for the purposes of a introduction.
MR. SLATER: Thank you, Mr. Speaker. I rise today
to welcome a familiar face to our Chamber here in Albany, my
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NYS ASSEMBLY JUNE 5, 2023
predecessor, the current County Executive for Putnam County, my
good friend Kevin Byrne. Kevin served six years in this legislative
Body, and seeing all the smiles, I think he left on -- on good footing
with his colleagues. First elected in 2016, Kevin eventually became
the Ranker on the Health Committee. I think it's important to note that
Kevin's also an Eagle Scout, he is also a volunteer firefighter, an EMT,
where he served previously with the Kent Volunteer Fire Department.
And most notably, as I think anyone who knows him knows, Kevin is
a master of the bagpipes, something that I think is fantastic especially
around his favorite holiday, St. Patrick's Day. But Kevin is a great
friend of mine, having been friends since we were in high school
before we entered public service. And so to be able to share this day
with him and to welcome him back to this great Chamber is an honor.
So Mr. Speaker, please, if you could extend the
cordialities of the House to my good friend, County Executive Kevin
Byrne.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Slater, the Speaker and all the members, Kevin, welcome back.
Once a member, always a member. You always have the privileges of
the floor. Glad to see you, hope that you have had a time in your
County Exec position. And, don't worry, nobody has come to the hall,
to this Body wearing kilts other than you, so we'll always remember
that. Thank you so very much, Kevin.
(Applause)
Mr. Bendett.
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MR. BENDETT: Thank you, Mr. Speaker. I rise
today for the purpose of an introduction to introduce my good friend
and former colleague, Bob Loveridge. Bob Loveridge is the Vice
Chairman of the Rensselaer County Legislature. He spent nearly 40
years in law enforcement, starting his career in this building, in the
Capitol, became an Albany Police Department policeman, worked for
the State of New York in Corrections, developed a policy for
HIV/AIDS throughout the correction system, helping keep
incarcerated individuals and COs safe. He has ended his career as the
colonel in our county correctional facility which, again, was a model
for safety for both the people in -- in the facility, as well as the COs.
And Bob is also a member of Kiwanis, which he has been for the last
40 years. Colleagues, Mr. Loveridge is somebody who has given his
life to service, to his community, and he's one of my heroes in this
public service realm, and I'd like ask you if you could afford him all
the cordialities and the privileges of the floor.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Bendett, the Speaker and all the members, Bob, welcome to the
New York State Assembly. We extend to you the privileges of the
floor. Our gratitude for a life-long service that you've provided the
people of this State, keeping them safe, taking care of the processes
that need to be done in this State. We appreciate you, and you're
always welcome here.
(Applause)
Mrs. Peoples-Stokes.
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MRS. PEOPLES-STOKES: Mr. Speaker, if you
would please call the Ways and -- the Rules Committee -- no, I'm
sorry, the Ways and Means Committee to the Speaker's Conference
Room.
ACTING SPEAKER AUBRY: Certainly. Ways and
Means, Speaker's Conference Room immediately, please.
(Pause)
ACTING SPEAKER LUNSFORD: Page 12, Rules
Report No. 282, the Clerk will read.
THE CLERK: Assembly No. A07166, Rules Report
No. 282, Otis, Burdick, Paulin, Rozic, Sayegh, Seawright, Simon,
Thiele, Zebrowski. An act to amend the Public Service Law, in
relation to the contents of emergency response plans required to be
submitted to the Public Service Commission by electric corporations.
ACTING SPEAKER LUNSFORD: An explanation's
been requested.
MR. OTIS: Thank you, Mr. [sic] Speaker. This
legislation amends the Public Service Law section related to
emergency management plans by electric utilities. What the bill does,
it requires the plan's detail, staffing, equipment and a performance
schedule with the goal of achieving restoration of service based upon a
time-based restoration schedule. This deals with a little more detail in
terms of making sure that utilities are moving as quickly as possible to
restore service after an electrical outage.
ACTING SPEAKER LUNSFORD: Mr. Palmesano.
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MR. PALMESANO: Yes, Madam Speaker. Will the
sponsor yield for some questions?
ACTING SPEAKER LUNSFORD: Will the sponsor
yield?
MR. OTIS: Of course.
ACTING SPEAKER LUNSFORD: The sponsor
yields.
MR. PALMESANO: Thank you, Mr. Otis. Mr. Otis,
right now -- I mean, last year there was legislation in the law passed
that was signed into law by our colleague that basically had put in
place -- it was a combination bill that -- dealing with resiliency in
infrastructure improvements, and also credits to ratepayers for food
spoilage and things of that nature. How would this either compliment
that or -- or differentiate with that?
MR. OTIS: Well, I was a cosponsor of that bill, but
that really covers different terrain.
MR. PALMESANO: Yeah.
MR. OTIS: So what we're talking about here, and I
think that probably everybody in this Chamber has had constituents or
themselves been without electricity for an inordinate number of days
after some storms. Six, seven, eight days has become, since
Superstorm Sandy, somewhat of a routine around the State by many
different electric utilities in this State. And so what we need to do to
enhance our protections is to include in this section of law that focuses
on emergency management plans, a time-based schedule that would be
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established, the details would be established by the Public Service
Commission.
MR. PALMESANO: Okay.
MR. OTIS: But we need to provide a little more
discipline in the process so that our constituents and our businesses get
turned on in a more timely fashion. And let me just add one other
element to this is many of our utilities in New York State depend upon
mutual aid, sometimes coming from Washington State, from Canada,
from Tennessee, after a storm. That means that our constituents are
waiting three days before anyone does much of anything in terms of
restoration. Unacceptable. And so we had in -- after the storm Isaias
in 2020, the Public Service Commission actually came down on some
utilities --
MR. PALMESANO: Yes, I know.
MR. OTIS: -- because they didn't have adequate local
staffing.
MR. PALMESANO: Right.
MR. OTIS: This is meant to try and -- and push that
to a better place for all of us.
MR. PALMESANO: Well, isn't it true that each
event that happens is a different event? Some could be widespread
outages, some could be different. How do we -- how do we -- how do
we determine these time-based restorations? I mean, isn't it -- it's just
an arbitrary time-based restoration. What's the purpose of that?
MR. OTIS: Absolutely not. And, in fact, the
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NYS ASSEMBLY JUNE 5, 2023
language of the bill is quite precise. The benchmark should include,
but not limited to, number of customers restored within each 24
interval, considering the different kinds of storm -- storms. And so
what we task in this bill is for the Public Service Commission to
decide what the metrics are, what the flexibilities are, allow them to do
the nuanced changes for different kinds of storms. It's the right way to
go.
MR. PALMESANO: So the PSC has to establish a
target for each outage event and then dictate the restoration time frame
of it?
MR. OTIS: Well, they would set up benchmarks that
would accommodate for different kinds of storms. The language of
the bill gives that kind of flexibility to the Commission where rather
than detailing that in the bill, which we don't do, it is left for the Public
Service Commission to come up with a system of those kinds of
metrics that would include those kinds of flexibilities.
MR. PALMESANO: So your bill doesn't provide any
guidance to the PSC in establishing this schedule based on time?
MR. OTIS: Well, the guidance is to say come up with
a benchmark system that is time-based, something that we do not have
now, something that we sorely need.
MR. PALMESANO: And would these time-based
targets have to take into account these many variables that are
involved with restoration? Some, we have poles and wires down,
some we're not, some where it's, you know, a bigger swatch of land.
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All those things would have to be taken into consideration by the --
MR. OTIS: That's what the bill says.
MR. PALMESANO: So you would agree that the
number one priority in the establishment of a -- of a -- when a storm is
out, is, number one, to make safe, and obviously the utilities want to
get the storm restoration as quickly as possible, so how would they,
you know, determine that -- that communication with the PSC when
they're out there trying to fix the storms, trying to give feedback, and
then they're supposed to give feedback to the PSC and the PSC's
supposed to come back with something that (inaudible).
MR. OTIS: Well, you know, the way it currently
works, the Public Service Commission evaluates storm recovery
performance by all utilities now.
MR. PALMESANO: Right.
MR. OTIS: And -- and so they factor into all those
different kinds of variables that occur since every storm is different,
and that would continue. But what we want to get in to the emergency
plans a -- a sense that time matters and a sense that we're going --
MR. PALMESANO: Sure.
MR. OTIS: -- to try and have goals in terms of
timetable of restoration. But nothing is fixed, and so -- but I'll give
you one example. We had a storm in the Capital District a few years
ago that was a storm that just hit a single area, not the whole region or
the whole State, and it still took like six days for that utility to get
people back on, which is a different scenario than a storm that hits the
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entire Northeast and all the mutual aid capabilities are -- are tapped
out because everyone's dealing with their own areas. Six days when
you're the only storm, unacceptable.
MR. PALMESANO: Well, and I think you would
also agree with me, I mean, I know those examples, you know, any
storm that can cause widespread damage where they have heavy snow
-- snow down that washed out bridges, you know, can't get trucks and
the equipment in there. How would that figure into this time
restoration? I mean it seems like you're spending more time on having
a time restoration schedule instead of making sure we get the power on
as quickly as we can. I think that's what they're all trying to work
towards.
MR. OTIS: I think that's the same question you asked
just before, and all those -- and all those variables would be worked
into the -- the benchmark system.
MR. PALMESANO: So you don't have any concern
that this time-based restoration plan is going to put more of a premium
on time restoration over safety?
MR. OTIS: Absolutely not. No one is going to
forsake safety. And -- and the concern I have is people being out six,
seven, eight days when --
MR. PALMESANO: I understand that.
MR. OTIS: -- they don't need to be.
MR. PALMESANO: I understand that, and I think
that's what I'm trying to get at. So if a -- if a utility fails to meet any of
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these really -- really generic-based restoration targets that's set-up by
the PSC, will they be subject to penalties?
MR. OTIS: The bill does not change the system of
penalties that exists now, and the Public Service Commission has a
format by which they judge and -- and try to be fair to utilities in -- in
making those judgments. This is bill does not change those protocols.
MR. PALMESANO: Wouldn't it better to be
(inaudible) this with the PSC through a proceeding involving
customers and utilities rather than having the PSC make a
determination without any such input? Wouldn't it be better to have
that input through a proceeding to make sure that we're addressing this
issue?
MR. OTIS: No.
MR. PALMESANO: Okay, fair enough. And I think
my last question is if there are penalties that would happen through
this if they don't meet this time-based restoration that's going to be
now part of the statute if your bill becomes signed into law, these
penalties and all -- and taking (inaudible) we already have penalties in
-- in the law that were -- that we already passed last year with the
resiliency bill and then the -- the time deadline bill that we passed as a
joint bill, which was a good bill that I supported, it just seems like
we're adding more to the mix. So are these penalties, would they be
recoverable from the ratepayers as well, or would that be recoverable
for the shareholders?
MR. OTIS: The existing system would -- would
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continue as is. And -- and generally, I think that the Public Service
Commission exercises good judgment. I know we -- we did increase
some penalty capability, but they're going to continue to exercise good
judgment.
MR. PALMESANO: Okay. Thank you, Mr. Otis, for
your time.
Madam Speaker, on the bill.
MR. OTIS: Thank you.
ACTING SPEAKER LUNSFORD: On the bill.
MR. PALMESANO: Yes, Mr. -- Madam Speaker
and my colleagues. I appreciate the intention behind this legislation.
Over the past couple of years we've passed a series of bills dealing
with widespread storms we had, and I think probably the most
significant legislation we passed that we mentioned was legislation
sponsored by our -- our colleague that dealt with two issues; it dealt
with storm hardening and resiliency, and it combined another bill that
had basically restoration for families and individuals who are out of
power for so many days for food and for medicines, and I think that
was a better approach. And I think now just adding another part to
this equation with the storm-based restorations, an arbitrary timeline I
think is -- is going to be more problematic.
The first and foremost thing for our utilities to do
when there's a storm is make -- make safe, and that always has to be
the precedent because each storm is different. And it seems like we're
putting an arbitrary time frame for these storms. Each storm is
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different, some are more widespread, some are -- power can be down
for longer periods of time, maybe being able to get equipment in there
or not get equipment in this. I just think this is kind of
counterproductive. I think, again, not every storm is the same. There's
a different degree of outages that happen, and I don't think this is
going to help us restore power any quicker. I think we need to
continue to focus (inaudible) and try to do -- let -- let them do the job
they need to do. But I think -- I think this could be done much better,
and I just think adding the arbitrary timelines to this process is just
going to make it much more difficult. Our utility crews when there's a
storm out, like said, their first job is to make safe, get out there, make
sure the damage is being taken care of and try to restore the power as
quickly as possible. And I just think now you're going to have to be
reporting back on how do you determine when the storm -- when the
power could be returned based on -- on that process, and to just have
arbitrary time frame in there, I think it's going to make it much more
difficult, it's going lead to more -- just lead to penalties which often
will paid by the ratepayer, and I just think there's a better way we can
do -- go about doing this.
Again, I think the legislation is well-intentioned, but I
just don't think it's going to actually help with the safe and timely
restoration of the power to those people who are affected by storms,
widespread storms, and given each one is different. So for that reason
Mr. -- Madam Speaker and my colleagues, I'm going to be voting in
the negative. Thank you.
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ACTING SPEAKER LUNSFORD: A Party vote has
been -- oh. Read the last section.
THE CLERK: This act shall take effect on the 180th
day.
ACTING SPEAKER LUNSFORD: A Party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, Madam Speaker. The
Republican Conference is generally opposed to this, although there are
certainly members that will likely support it and they can do so by
voting yes on the floor of the Assembly. Thank you, sir [sic].
ACTING SPEAKER LUNSFORD: Mrs.
Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Madam
Speaker. The Majority Conference is going to be in favor of this piece
of progressive legislation; however, there may be colleagues who
would decide to be an exception, they should feel free to do so. Thank
you.
ACTING SPEAKER LUNSFORD: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you, Madam Speaker. We
all want the power restored as quickly as possible after a major storm,
and I appreciate the sponsor's desire to make that accomplished. At
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the same time, we also want the lowest utility rates we can get, and
they are not entirely compatible. And so every time we ask a utility to
ramp up their response time, which we understand why, it also ramps
up their cost. And so as a Legislature, it's important for us to consider
the cost-benefit analysis. And as pointed out by my colleague, since
storms can range from a very high-intensity but very local, a
microburst, for example, to a very widespread storm, creating a plan
that purports to give us a schedule on how the power will be restored
is really very illusionary. Nobody can predict. If it's Superstorm
Sandy, it's gonna be weeks. If it's a microburst, it's gonna be hours.
But those studies and those reports cost money to prepare, and it costs
money on the State side by the PSC, and at the end of the day, it's not
gonna result in the power be on -- being put back on faster because the
utility is going to move as fast as they can under the unique
circumstances that apply to each storm.
So I'm voting against this because I want lower utility
rates and I want our utilities to focus on what will have the most
cost-benefit positive return in restoring power in an outage. Thank
you, sir -- thank you, Madam.
ACTING SPEAKER LUNSFORD: Mr. Goodell in
the negative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 10, Rules Report No. 232, the Clerk will read.
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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
assistance program benefit.
ACTING SPEAKER LUNSFORD: An explanation
has been requested.
MS. SOLAGES: Thank you, Madam Speaker. So,
we know that nearly 1.3 million New Yorkers are more than $1.7
billion in arrear on -- excuse me -- on energy bills, and that's according
to the New York State Public Service Commission in December of
2021. So this bill would require the Office of Temporary Disabilities
and Assistance [sic] to establish a Statewide program to provide
energy home -- effic -- excuse me, energy home and -- excuse me --
emergency home energy assistance program, further known as HEAP,
to eligible home -- households.
ACTING SPEAKER LUNSFORD: Mr. Maher.
MR. MAHER: Madam Speaker, will the sponsor
yield for a few questions?
ACTING SPEAKER LUNSFORD: Will the sponsor
yield?
MS. SOLAGES: Yes.
ACTING SPEAKER LUNSFORD: The sponsor
yields.
MR. MAHER: Thank you. Okay, I appreciate the
explanation. In my mind I have a different way of going about this.
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NYS ASSEMBLY JUNE 5, 2023
From everything that I can read and research on HEAP and both
EHEAP, what this tends to do is it creates a scenario where folks
would not be eligible for EHEAP until they were -- reached a
threshold of over 60 days or $300 that they owed, correct?
MS. SOLAGES: So, this bill, number one, codifies
HEAP into law, which is very important, and then it allows an
individual to be eligible for HEAP prior to their power being shut off.
And so in addition, as you mentioned before, it does allow some
flexibility with the payment.
MR. MAHER: And currently right now, in order to
qualify for EHEAP and the Federal funding only allocates for only one
EHEAP application, they would have to have a notification of
termination, and that's how this is triggered, correct?
MS. SOLAGES: Yeah, and so, you know, I believe
an ounce of prevention is worth a pound of a cure. And so what we
want to do is we don't want people being threatened with a shutoff. We
want to be preventative. So we want to ensure that if you are in
significant arrears, you can be -- you can access this program.
Because we know eventually these people are going to access the
program, so this will just make sure that we're not letting them, you
know, be in financial stress.
MR. MAHER: So you just -- I want to catch
something you just said. How do we know that certain folks will
absolutely be eligible for this program? And to me it seems a little bit
more like this will create more of an incentive for folks not to pay and
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then receive a benefit.
MS. SOLAGES: You know, so -- and I believe in
New Yorkers. You know, I know that the vast majority of individuals
who are in arrears are not doing it because they purposely want to
game the system, and so we're not loosening the requirements; instead,
we're just allowing customers to receive the HEAP grant without
putting themselves in a risk of termination. So they still have to have
-- there's still a burden of proof. And remember, the funds go to the
utility company, so the utility companies are going to know who are
these individuals. And also finally, for the purposes of an argument,
you know, fraud -- there's fraud investigation enforcement that's being
carried out on a Federal, State and county level, on a city level as well,
and there's other legislation that's proposed like data matching, which
is another bill that we have and hopefully can debate, that will ensure
that we're keeping government efficient and accountable.
MR. MAHER: No, I agree. I think at the end of the
day, though - and I'll get to this a little bit more when I speak on the
bill - this seems to go a little bit deeper to make it much, much harder
for folks that are involved in these agencies to figure out who is
actually committing fraud. Because at the end of the day, while these
funds do go to the utility directly, that just allows for -- and if this is a
way around, you know, to help this individual keep more money in
their pocket for their expenses, there's not really a way that we can
track that. And that leads to a question that I have is, in your
justification it does show -- let me take it right here -- it talks about
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NYS ASSEMBLY JUNE 5, 2023
eliminating this requirement and setting a financial threshold will
reduce the administrative burden from the Office of TDA, vendors,
fuel suppliers and customers. My question is, what about the county
social service agencies? Have they been talked to when this
legislation was being crafted? And I know that I believe a colleague
of yours was the first to introduce this, so you may not know that, but
what conversations took place with the county social services
agencies, and is this something where they're also signing off or is this
going to create an additional hardship for them?
MS. SOLAGES: So, this is not an additional
hardship, this is Federal funds that come through the State. And so
whether it's, you know, State or local, these are Federal funds that are
already allocated. And this is not a new piece of legislation. This has
been submitted about two to three years prior to me having this bill
and, you know, it was thoroughly vetted and it's already passed this
House once before. So any locality that is familiar with this legislation
already knows of it and should speak now or forever hold their peace.
MR. MAHER: Just following up on your Federal
funding point because I think it's a good one. So, how this works
currently is the Feds will cover one EHEAP application. Are there any
limits to how many times you can apply for EHEAP in this legislation?
MS. SOLAGES: The only thing that we're changing
is the -- to allow them to apply beforehand. It's still the same program
with the same requirements, the same eligibility and the same, you
know, initiative that it's only, I think, once a year that you're allowed
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to take HEAP.
MR. MAHER: I -- the way I read it, I would disagree
but I would love for you to clarify. So by establishing a State program
you're going to be using Federal funding, but in this legislation it
doesn't necessarily communicate how the Federal funding, which only
allocates for one, will relate if, say for example, in this newly-
established State program for EHEAP, people have multiple EHEAP
applications. So if only one is funded by the Federal Government,
how will the counties bear the cost for additional EHEAP
applications?
MS. SOLAGES: So, it's -- it's all coordinated. So if
there's additional funding it would be subject to Federal funding as
well.
MR. MAHER: Okay. So it's possible that you will
have a situation where the State program that's been created will allow
for multiple HEAP applications, there will be no Federal funding and
it will be on the counties to fund it.
MS. SOLAGES: So if there's extra Federal funding
available, it would be distributed to the counties. So that -- that would
be the answer to your question.
MR. MAHER: And just my knowledge of how
EHEAP works is there's an application deadline or until the Federal
funds run out. So May 19th would be the application deadline where
you wouldn't be eligible or if the funds run out. So if we're worrying
about funds -- funds running out, and from the county social services
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NYS ASSEMBLY JUNE 5, 2023
agents that I talked to, they do run out. What would happen to the
folks, let's say, who aren't in arrears, who are paying on time but then
have some sort of issue where they're really in a tremendous spot and
folks have had multiple EHEAP applications and let's say it comes
May, there's no funding left and you have somebody who really did
things the right way, got into an unfortunate situation, but they won't
have the funding to help them in this emergency? I think that's a
concern that -- that we have.
MS. SOLAGES: Yeah, so this -- this bill doesn't
address that, but I have known that, you know, there's a lot of
advocacy going on to increase the amount of Federal funding we have
for HEAP. Just last year, you know, we -- I was standing
hand-in-hand with U.S. Senator Chuck Schumer to ask for more
HEAP funding be put into the pool. And so, you know, we definitely
want to make sure that funding is pro -- is, you know, allocated and
fully funded and additional money is coming through. But just to
highlight the note, any district authorized to make additional
emergency payments in one calendar year would be subject to Federal
funding. So if there's that additional funding, they could use that.
MR. MAHER: Okay. So your -- your reading of that
particular section is if a individual has a second EHEAP allocation that
they would only qualify for one, or are you saying -- I'm trying to
clarify that.
MS. SOLAGES: So, your question was about the
county.
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NYS ASSEMBLY JUNE 5, 2023
MR. MAHER: Yes.
MS. SOLAGES: The county. So, if -- if any district
is -- is -- has the ability to make additional payments in one calendar
year, but that would be subject to Federal funding.
MR. MAHER: So --
MS. SOLAGES: I think the county would have to
make that decision.
MR. MAHER: Understood. Which again, puts all of
our counties in a very tough spot. Right now, from my knowledge of
Orange County, one of the six counties that I represent, they have a
situation where they budget another $100,000 for residents who get
into emergencies, some that qualify for HEAP and EHEAP and some
that do not. They would basically be depleting that 100,000, and if
they didn't have any left, they wouldn't be able to help those folks in
need. So I think there certainly, I believe, should be some clarity on
only allowing for one EHEAP application. I think that's a very
important piece that should be more clearly defined.
But moving on to another question that I have. Is
there any data available to suggest that this actually is an issue, aside
from the fact that it is very unaffordable for New Yorkers, especially
those that are qualifying for -- for HEAP in the first place? Aside from
that fact, is there any data that shows that this process is an issue right
now and needs to be fixed?
MS. SOLAGES: So, in my -- my district office we
frequently hold forums to help people fill out the form for HEAP, and
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NYS ASSEMBLY JUNE 5, 2023
just from personal, you know, experience it's -- it's -- I've seen people
have trouble filling out the application, especially for our older New
Yorkers who may not be computer savvy, filling out the documents
and waiting for paperwork, working with Social Services, counties. It
has become burdensome. So, you know, I've seen with personal
anecdote some of these -- these issues as well, and in speaking to my
colleagues, you know, we -- we have this concern.
MR. MAHER: So I feel like I completely agree on
that one point. The problem is, the way this bill reads is the arrears
process is more complicated. So it used be where, how it is right now,
hey, you get a shutoff notice, you know, you can qualify, you can get
one break. Now you actually have more criteria and more paperwork
and more items you're asking folks to fill out in order to get this
assistance. So I do agree with that argument, I just don't know if this
bill helps it or hurts it.
MS. SOLAGES: Yeah, I definitely think this bill
helps it because, again, you know, when you receive a termination
notice you obviously are choosing between different, you know, items
to pay, you're -- you're in a situation mentally, you're -- you're
exhausted. And so instead of waiting for the point where you're --
you're at the breaking point, we're just saying, hey, let's take a step
forward and look at it from a preventative measure and helping people
through the process.
MR. MAHER: Okay. I just want to see if you
answered all my questions. Okay. So at this time right now, just to
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NYS ASSEMBLY JUNE 5, 2023
clarify, there is nothing in the -- the State program that we'd really be
establishing here that would prevent someone from multiple EHEAP
applications?
MS. SOLAGES: All -- all we're doing is codifying --
codifying HEAP into law, which is great because we don't want it
subject to the whims of any Executive or any -- or any sort of entity or
Body, and then we're also making sure that we're being preventative
and trying to capture people before the actual termination, especially
when it's during the winter or, you know, during a, you know, stressful
time in the summer, you know, we're increasing the use of electricity.
And so we just want to be preventative. So we're not changing the
program at all except for that tiny aspect of it. You know, there's still
quantifications, they're still requirements, eligibility, and -- and so
forth and so on.
MR. MAHER: All right. Thank you so much to the
sponsor.
On the bill.
ACTING SPEAKER LUNSFORD: On the bill.
MR. MAHER: Okay. I have -- just recently was
elected and it's been really amazing meeting so many folks here. My
colleague who sponsored this bill is one individual who I
wholeheartedly believe is completely well-intended and -- and wants
to help people. And I think in the justification and how she articulated
what this bill will do, I believe in my heart that she wants to help folks.
We all want to help folks, hopefully. I don't believe this is the way
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NYS ASSEMBLY JUNE 5, 2023
that will actually truly do that in the way that we hope to, in a -- kind
of a sustainable way, right? So, as much as we want to trust New
Yorkers to do what this law is meant to do, I think there's nothing that
really beats what parents are going through and what they will do to
protect and to raise and to provide for their children. And I think at
the end of the day, this bill will create a workaround that is
unavoidable, that will be harder for counties to charge in terms of
fraud, that will have folks incentivized to be caught in this arrears
situation as opposed to a termination notice. I think at the end of the
day this probably is -- is better for some of the utilities who will then
receive multiple applications because at the end of the day, they're not
the ones that are worried about the bills being paid, the families are.
And when you talk about financial literacy, which is an important
piece to social services in general, what are we doing when we're
sitting down folks and saying, Hey, this what you're going to do to
make sure you pay all these bills, but then create some sort of
incentive, whether we mean to or not, that is going to really reward
folks by not paying their bills. Because although these funds will go
straight to the utility, other dollars that are coming to them will then be
spent in ways that maybe are for the best of the -- the household and
maybe not. And I think at the end of the day it sends the wrong
message. I hope that if this bill either does not come to law, if it's
vetoed for a funding issue of any reason, that I'll be able to work with
my colleague to see if we can sit down and in a bipartisan way, see if
we can do something that's a little more sustainable. I do believe that
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NYS ASSEMBLY JUNE 5, 2023
we want to help folks that are in need. There's no argument here that
those that qualify for HEAP, household of one, 34,000 and change;
household with two, 44,000 and change; household of three, 55-;
household of four, just under 66-. No, yeah, it's not affordable right
now. You know, we do need to do things to help folks. But this
particular bill, I think, from a sustainability argument, I'm not sure if it
does create more issues for those that are being responsible in paying
their bills and maybe don't have the funding from the counties and that
creates some challenges for our counties who are then gonna make
some really tough decisions, especially in Orange County and others
that I represent.
So I would love to take a hard look at this if it does
not become law, and if it does, I -- I wish it the best and I hope I'm
wrong. Thank you, Mr. Speaker.
ACTING SPEAKER LUNSFORD: Mr. Vanel for the
purposes of an announcement.
MR. VANEL: I request that the Rules Committee
meet in the Speaker's Conference Room.
ACTING SPEAKER LUNSFORD: Rules Committee
to the Speaker's Conference Room.
Mr. Goodell.
MR. GOODELL: Thank you, Madam Speaker.
Would the sponsor yield?
ACTING SPEAKER LUNSFORD: Will the sponsor
yield?
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NYS ASSEMBLY JUNE 5, 2023
MS. SOLAGES: I yield.
ACTING SPEAKER LUNSFORD: The sponsor
yields.
MR. GOODELL: Thank you, Ms. Solages. As my
colleague mentioned, most of the counties I'm aware of run out of
HEAP before the heating system is over. Are you aware, is there any
counties that have a surplus?
MS. SOLAGES: I do not have that information on
hand, so I -- I don't want to answer because I don't have the accurate
information for the calendar year.
MR. GOODELL: I see. And you mentioned that
Senator Schumer was seeking to get more HEAP funding?
MS. SOLAGES: Yeah, you know, HEAP is actually
a bipartisan issue. In southern states they use HEAP for cooling of
homes and, you know, in the northern states, Northeast especially in
New York, we use it primarily for heating our homes. So --
MR. GOODELL: My question is did he get any
additional funding for New York State for HEAP for this next budget
year?
MS. SOLAGES: So, for the next budget year?
MR. GOODELL: Yeah, the one we're in now.
MS. SOLAGES: The one we're in now?
MR. GOODELL: Yes.
MS. SOLAGES: Yeah, so we did actually receive an
additional 600 million this year.
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NYS ASSEMBLY JUNE 5, 2023
MR. GOODELL: 620 million.
MS. SOLAGES: 600 million.
MR. GOODELL: 600 million. And then what's the
total amount of Federal aid we received for HEAP?
MS. SOLAGES: I --I don't have that information on
hand, but if you give me a second I can find out. I can -- I can get
back to you, but it's --
MR. GOODELL: I was just curious, you know,
whether it's a 1 percent increase in Federal HEAP or 10 percent or
double.
MS. SOLAGES: I'll be sure to get that information
for you.
MR. GOODELL: Okay.
MS. SOLAGES: I don't have that exactly on hand
and I -- I wish not to provide inaccurate information.
MR. GOODELL: Now, this bill says that social
services on the local level can make the decision whether to provide
emergency HEAP more than once; is that correct?
MS. SOLAGES: Correct, and -- and that's within the
other program.
MR. GOODELL: So you envision then that if this
bill goes into effect you might have a patchwork of systems where one
county authorizes multiple emergency HEAP applications and another
does not?
MS. SOLAGES: So, I just want to clarify for the
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NYS ASSEMBLY JUNE 5, 2023
record, this bill requires the Commissioner of OTDA to establish a
Statewide program, and then there's -- there's eligibility requirements.
And so in this, one of the eligibility requirements for the household,
they have to receive regular HEAP which is -- so they have to receive
a regular HEAP benefit which is insufficient or unavailable in an
emergency --
MR. GOODELL: I -- I understand --
MS. SOLAGES: -- and then this, the program that we
are discussing whether additional applications kick in.
MR. GOODELL: Right. We're just talking about
emergency HEAP. I'm looking at page 2 --
MS. SOLAGES: Okay.
MR. GOODELL: -- line 6, a social services district,
may authorize one or more, correct?
MS. SOLAGES: Yeah, so --
MR. GOODELL: So it's optional on the part of social
services districts --
MS. SOLAGES: No, it's completely up to the county
if they want to do additional applications.
MR. GOODELL: Okay. Thank you very much for
those clarifications.
On the bill.
ACTING SPEAKER LUNSFORD: On the bill.
MR. GOODELL: Several years ago I was working
with county government and our Department of Social Services
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NYS ASSEMBLY JUNE 5, 2023
established a program for financial literacy, and we would meet with
people on social services who were receiving public assistance and
we'd give them budget counseling. And we'd point out, as all of us
here in this Chamber know, that if you pay your bills on time your
credit rating will go up. And it was reported back to me that one of
our public assistance recipients responded by, Do I look stupid? Does
it stay "stupid" across my forehead? Because if I pay my utility bill on
time I'm ineligible for emergency home energy assistance. And the
recipient went on to say, Maybe for you, several hundred dollars in the
middle of winter doesn't mean anything, but for me it makes all the
difference in the world. So we have a social services program funded
by taxpayers that say if you pay on time, you will only get half as
much money as if you default. And this bill, in fact, makes that very
clear. You can't get extra funds unless you're at least $300 in arrears.
So we are spending millions and millions of taxpayer dollars, paying
people not to pay on time. And this bill takes it one step further by
saying instead of getting one emergency HEAP assistance payment,
you can get as many as the local district will allow you to get. Maybe
we should think about redesigning our social services program to
encourage responsible financial behavior rather than to reward it. And
then sadly, this bill takes a bad situation and makes it worse, and for
that reason I will not be supporting it.
Thank you.
ACTING SPEAKER LUNSFORD: Read the last
section.
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NYS ASSEMBLY JUNE 5, 2023
THE CLERK: This act shall take effect in 30 days.
ACTING SPEAKER LUNSFORD: A Party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, Madam Speaker. For
the reasons mentioned by my colleague, the Republican Conference is
generally opposed to this. Those who support it are certainly
encouraged to vote yes here on the floor. Thank you, Madam Speaker.
ACTING SPEAKER LUNSFORD: Mrs. Peoples-
Stokes.
MRS. PEOPLES-STOKES: Thank you, Madam
Speaker. The Democratic Conference generally cares about the needs
of its constituency and will be in favor of this piece of legislation.
ACTING SPEAKER LUNSFORD: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Maher to explain his vote.
MR. MAHER: Thank you, Madam Speaker. As the
Ranker on Social Services I have gotten a great education this year on
this issue. For me, my background is more economic development.
This is an issue that is definitely new to me, and for that I really
appreciated my colleagues on both sides of the aisle for allowing me
that opportunity. One thing that I love doing with my staff is I'll keep
some knowledgeable on an issue and some not, just so that when we
get to a point where we need to make a decision, someone with a fresh
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NYS ASSEMBLY JUNE 5, 2023
pair of eyes can take a look at it, and I hope that that's the value that I
can bring not just to this bill, but also to social services in general. At
the end of the day, I think there are some ways that we can really make
this problem a little more sustainable and help folks that I believe truly
need help, which I believe wholeheartedly is the intent of my
colleagues. Balanced billing is something that we ought to look into.
Out of all the services, the utilities that are in here, National Grid,
O&R or ConEd, researched most of them, they offer this. Maybe
there's something they can to do to incentivize balanced billing so we
know what these folks can -- can pay and allow that budget to be
something that can play more of a central role. I do believe that, as my
colleague said, if there's an opportunity for the Commissioner to create
a Statewide program, we really ought to figure out a way to limit or
just allow in very extreme circumstances multiple EHEAP
applications because this may have a detrimental effect to those that
are being responsible and paying their bills. And as much as I also
have faith in New Yorkers, again, parents are going to do whatever
they have to do, within reason and their morals, to take care of their
children and their household, and I think this potentially could do
some negative. So if this is something that does not get passed into
law, I hope to work with my colleague on the other side of the aisle
and many more to -- to really do something that will help on this issue,
as we're all trying to do.
Thank you. I'll be voting in the negative.
ACTING SPEAKER LUNSFORD: Mr. Maher in the
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NYS ASSEMBLY JUNE 5, 2023
negative.
Mr. Goodell.
MR. GOODELL: Thank you, Madam Speaker, to
explain my vote. There's a limited amount of Federal funding that we
receive for HEAP, and it's within the State's discretion on how they
allocate it between regular HEAP, home energy assistance, and
emergency HEAP. And as we allocate more and more of that pie to
emergency HEAP, there's less and less available for regular HEAP.
And I think if we want to be compassionate to those who are in
poverty, we want to encourage them in every way we can to break free
from those chains of poverty, and we want to treat them all fairly. And
so I would hope that over time that we devote more resources into
regular home energy assistance to help all those who are doing their
best to pay the bills, and encourage people to sign up for balanced
billing and make their credit score higher so that they can break free
from poverty by encouraging financial responsibility.
And so with that compassionate view in mind, with a
long-term objective of helping people break those chains of poverty, I
will not support this bill that will cause a shift toward emergency
HEAP at the expense of all those who are making that hard decision to
live within their means with emer-- with regular HEAP. For that
reason, I won't be supporting it. Thank you, Madam Speaker.
ACTING SPEAKER LUNSFORD: Mr. Goodell in
the negative.
Ms. Solages to explain her vote.
38
NYS ASSEMBLY JUNE 5, 2023
MS. SOLAGES: Thank you, Madam Speaker, to
explain my vote. I'm voting in the affirmative and I encourage my
colleagues to vote in the affirmative, because nearly 1.3 million New
Yorkers right now are in arrears. And I take offense to anyone who
may think that a lion's share of them just want to benefit off the
system. People are one paycheck away from disaster. With the
COVID pandemic, with the cost of inflation, the affordability crisis,
now is the time for the State to respond. And so with this piece of
legislation we are just ensuring that in New York State we're being a
safety net and we're trying to be proactive.
So I encourage all my colleagues to support this
legislation and I look forward to doing more to ensure that New
Yorkers are helped. Thank you.
ACTING SPEAKER LUNSFORD: Ms. Solages in
the affirmative.
Mrs. Peoples-Stokes to explain her vote.
MRS. PEOPLES-STOKES: Thank you, Madam
Speaker, for the opportunity to explain my vote. I would first like to
commend the sponsor of this piece of legislation, and at the same time
I want to commend the Ranker because I really do appreciate the way
he handled the questions and his responses to this issue. I will say,
though, that, you know, much of the legislation that we put forth as a
Democratic Conference in this Chamber is generally about loosening
people from poverty. But there's still are some things that we get
pushed back on a lot of times on how to get people out of poverty.
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NYS ASSEMBLY JUNE 5, 2023
Sometimes we have to release some things that industry doesn't want
to release. I don't mind doing a cost-benefit analysis for national fuel
or national gas, but I don't think we can just look at that cost from the
perspective of how it impacts their bottom line as a business, but we
also have to look at that cost impact on how it impacts their personal
lives and the salaries that they gained and their shareholders, et cetera.
Because if we really want to look at eradicating poverty for people
who live in it, we have to make the cost of them living less expensive.
This is one of the ways that we do that, and I do appreciate the
opportunity to be voting in favor of it.
ACTING SPEAKER LUNSFORD: Mrs. Peoples-
Stokes in the affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 13, Rules Report No. 319, the Clerk will read.
THE CLERK: Senate No. S01891, Rules Report No.
319, Senator Sanders (A00954, Vanel). An act in relation to
establishing the New York State Cryptocurrency and Blockchain
Study Task Force; and providing for the repeal of such provisions
upon expiration thereof.
ACTING SPEAKER LUNSFORD: An explanation
has been requested, Mr. Vanel.
MR. VANEL: This bill establishes the State
Cryptocurrency and Blockchain Study Task Force. New York is
40
NYS ASSEMBLY JUNE 5, 2023
arguably the financial capital of the world, and we must ensure that we
help foster and create an -- an economic environment that allows us to
continue to lead the world in the financial sector. New York Stock
Exchange, NASDAQ, are two of the world's most valued -- valued
stock exchanges, and -- and the financial industry accounts for nearly
20 percent of New York State revenue. However, it's not guaranteed
that we will continue to be the world's financial leader. In reality, in
the current economic environment, we are competing with London,
Tokyo, Shanghai, and Hong Kong for financial investments and our
position -- and -- and for our position as a fiscal leader. In the current
digital technological world, New York is vying for a future for
financial transactions and activities with almost every other global
market and state. Cryptocurrencies have been making inroads in New
York's digital economy over the last decade. A rising number of
businesses around the State are accepting cryptocurrencies as payment.
Throughout the State there are a number of cryptocurrency-related
investments and companies. Furthermore, our State hosts a substantial
portion of blockchain mining. Blockchain technology is technology
that undergirds the industry. Its benefits include decentralization,
immutable security, transparency, amongst other things. New York
State should consider the usage of this technology. The bit license,
which is the business license for virtual currencies in New York State
was promulgated by the New York DFS back in 2015, and it has
protected many New Yorkers from unscrupulous investments. We
thoroughly -- we must thoroughly comprehend the impacts of
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NYS ASSEMBLY JUNE 5, 2023
blockchain technology and its innovation and its potential for jobs,
economic growth, energy consumption, environmental issues, comp --
and competition in order to supplement the bit license with the correct
legislative framework. New York must be a state where, one,
consumers and investors are safeguarded; two, money laundering is
prevented; three, New Yorkers are prevented from unscrupulous users
and actors; four, employment and economic growth are promoted;
five, fiscal and economic inclusion is -- is -- is supported, blockchain
technology uses are considered; and six, environmental damage is
minimized.
ACTING SPEAKER LUNSFORD: Ms. Walsh.
MS. WALSH: Thank you, Madam Speaker. Will the
sponsor yield for some questions?
ACTING SPEAKER LUNSFORD: Will the sponsor
yield?
MR. VANEL: Yes.
ACTING SPEAKER LUNSFORD: The sponsor
yields.
MS. WALSH: Thank you very much. It's king of
weird because you're kind of behind me, so I apologize. I'm not really
looking at you too well. I just have a couple of questions because this
-- this bill -- we voted on this bill last year. I think it was introduced
maybe in 2018, we voted on it last year and then the Governor vetoed
it. Have you -- has the bill changed in any way since the Governor's
veto from the last time that we voted on it?
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NYS ASSEMBLY JUNE 5, 2023
MR. VANEL: So, this bill first passed in 2018, it's --
this bill -- this bill actually became law in 2019. The reason why we
were working -- as a matter of fact, when the bill became law in 2019
we were working to fill the members of the -- of the Task Force, but
something happened in 2020 and we couldn't continue with it. So this
bill passed again last year, and the Governor vetoed the bill last year.
And the reason was being was I guess the Governor vetoed a package
of task forces all together.
MS. WALSH: Yeah, there were several -- several
dozen task forces that were bundled together with one veto,
specifically talking about the lack of money appropriation. It would
be more, in her view, better done within the confines of the budget, so
-- which leads me to my next question. The budget that we just
passed, does it contain any funding for this task force?
MR. VANEL: This bill -- this bill didn't -- doesn't
have -- none of the members of the task force are going to be
compensated, so this bill has no funding with respect to this -- to this
task force.
MS. WALSH: Okay. So this is -- this is not going to
cost anybody anything, this task force.
MR. VANEL: No.
MS. WALSH: Okay. So, one thing that I was
interested in knowing about was that the Attorney General's Office has
also been working on developing legislation to try to address
regulation and transparency issues, address consumer fraud issues.
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NYS ASSEMBLY JUNE 5, 2023
And she actually came out with a very lengthy press release in early
May, and I was -- I was surprised that you weren't quoted in it because
we consider you to be kind of the crypto person in this Chamber. But
in any event, how has -- do you know whether that press release
referenced that there was going to be legislation introduced in this
legislative Session to address all these issues? To your knowledge, has
there been anything introduced by the Attorney General's Office along
those lines?
MR. VANEL: So, we're -- we're very excited -- we've
been working in this -- in this Chamber for years on trying to figure
out the proper balance in this space, right? This is a new space, this is
the future -- it's part of the future of finance and we have to make sure
that we get it right. Also, the whole world is watching how New York
moves in this space, the Federal Government and so -- so do other
countries. So we were perplexed by the Attorney General's full
proposed bill or what have you, but at this point we're working with
the Attorney General's Office on this matter. As a matter of fact, there
may be a proposed amendment to include the Attorney General's
Office on the Task Force.
MS. WALSH: Oh, to include the -- okay. But have
you seen any bill language from the Attorney General's Office?
Because I saw that in the -- in this lengthy press release there were
different bulleted points of what she was saying that she was going to
address, but I mean, honestly, I -- I haven't been able to find the bill.
MR. VANEL: Again, keep in mind --
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NYS ASSEMBLY JUNE 5, 2023
MS. WALSH: Was it introduced?
MR. VANEL: -- everybody -- everyone is in the
same -- has the same interest. We all -- we all want to make sure --
MS. WALSH: Sure.
MR. VANEL: -- that we protect investors. We want
to make sure that protect New Yorkers. We also want to make sure
that we have an environment for economic growth and that people
could participate in the new economy for tomorrow. So many of the --
many of the policies that the Attorney General was promulgating, we
agree with, but we -- we just disagree with the approach.
MS. WALSH: And in what way do you disagree with
the approach?
MR. VANEL: The approach is -- listen, this is -- this
-- we have to make sure that in this new changing dynamic industry
that we make sure that we balance all these interests. And it's really
important in a -- in a narrative-based marketplace that we do that
properly. And that means that we have to work with -- for example,
this task force makes sure that we work with all the stakeholders to
figure out how to move forward; meaning we work with economists,
we work with the industry, we work with community folks, we work
with academia. We also have to work with the Attorney General's
Office and the Department of DFS to figure out a proper framework to
move forward. So the proper approach is -- is -- is moving with all the
stakeholders to try to figure out how to -- you know, how to create the
proper guardrails in this space.
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NYS ASSEMBLY JUNE 5, 2023
MS. WALSH: Yeah, that sounds -- that sounds right,
to bring all the people to the table that -- that are stakeholders and to
try to develop a plan based on that. And I -- and I have to mention that
in this task force bill that you've put forward, there is no Minority
Republican representation or appointments to the Task Force. Why is
that?
MR. VANEL: So, when we passed -- when we
passed the law back in 2019 we worked -- we actually worked closely
with the -- with the Minority for it with appointments, and I -- I hope
we can do that moving forward.
MS. WALSH: Okay. So you think that you'll --
you'll amend the bill, then, to add for Minority appointments?
MR. VANEL: I -- I can't guarantee that I can amend
the bill, but in practice we actually worked with your -- with your
members to help on a number of appointments.
MS. WALSH: Yeah. No I -- I under-- I appreciate
that. It's just it's -- it's not in your bill, so I figured I'd better ask about
it. Okay. So, I think that we -- we can agree that the crypto industry is
in need of regulation and oversight. And I can appreciate what you're
saying in terms of the AG's Office and their proposal that came out on
May 5th not necessarily being at odds with this task force
recommendation and what the task force is going to be looking at, but
it's just a little bit confusing. Do you think that it maybe would make
more sense to see the legislation that the Attorney General is put
forward and see if that can be -- rather than have two different kind of
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NYS ASSEMBLY JUNE 5, 2023
separate parallel efforts going, even though you're saying that this --
this doesn't cost anything, you know, to see what she's putting forward
for real before we -- we take any action here.
MR. VANEL: Well, it's very important -- again, I
respect the Attorney General's Office, I respect the Department of
Financial Services, I respect the Senate, I respect the Governor and
this House. But we have to move forward together. So it's -- it's -- I
think it's really important instead of one Body coming out with a full
comprehensive manifesto for the entire industry, I think it's really
important for us to sit down together, but not just us from our House. I
don't think we should come back from our Houses or from the
legislative side or from the -- the Executive side. I think we need to
work with industry, we need to work with community organizations,
we need to work with the stakeholders to try to figure out this way
forward. New York -- New York is really important --it's a really
important piece in this financial policy space for the world and how
we move is really important.
MS. WALSH: Thank you very much, Mr. Vanel.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, Ms.
Walsh.
MS. WALSH: I think that -- a couple of things. I
think that this type of proposal for a task force to look at
cryptocurrency and blockchain is something that would enjoy some
wide support, and from the general public. I think a lot of people are
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NYS ASSEMBLY JUNE 5, 2023
just very confused about this. As -- as with any other, you know,
emerging thing there's a lot of confusion, there's a lot of dis -- there's a
need to educate. So I do think that the idea of a task force could be a
very good one. What I'm just confused about is that it looks as though
the Attorney General's Office has come -- has already come out with
something, although I haven't been able to read or see the language,
I've only gotten a press release and some articles that have been
written about it. There was a very big press push about four weeks
ago that this was -- this whole thing was going to get rolled out and we
haven't seen it. So, you know, I -- I think -- I appreciate what the
sponsor is saying, I agree with him. I think that bringing all
stakeholders to the table and not having just one part of government
kind of coming out and occupying, you know, all the space in terms of
regulation and is a good idea and I -- I applaud him for thinking about
it that way. I do wish that there were -- there was Minority
representation on the task force, and while I appreciate what the
sponsor has said about working with our side of the aisle, the -- the
sure way to really indicate that would be to have at least one or a
couple members of the task force appointed through the Minority
Leader's Office. So I'm a little dismayed by that. I think that -- I think
it's really important that we kind of get it -- get the act together here,
so if the Attorney General is going to participate as a member of the
Task Force and in some amended version of this bill later or chaptered
version, that may happen according to the sponsor. But I think, you
know, it doesn't really do our government a lot of good to have
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NYS ASSEMBLY JUNE 5, 2023
different parts of the government all kind of doing their own thing.
We do need to all come together.
For that reason, despite the Governor's veto last year I
do support the concept behind this task force. I just -- I just don't
really want to see overall us all working on cross purposes on
something that's this important. So I will support this, and -- but I
think that you may see a mix of votes on -- on our side of the aisle or
within the Chamber just because of kind of the complicating factor of
what the Attorney General has -- has put forward. So thank you, Mr.
Speaker.
ACTING SPEAKER AUBRY: Thank you, Ms.
Walsh.
Mr. Blumencranz.
MR. BLUMENCRANZ: Thank you, Mr. Speaker.
On the bill.
ACTING SPEAKER AUBRY: On the bill, sir.
MR. BLUMENCRANZ: I just want to speak in
support of this piece of legislation as well. I think that this task force
is not only necessary, but also extremely important for making sure
that we don't have what we're seeing now, which is too many cooks
trying to solve this issue at the same time. I think when you do read
the language of the AG's bill you'll see things that are inherently
duplicative of what we're seeing in DFS' role as well as some of the
things we're trying to do here as well as some of the things we're
seeing proposed in the Senate. So, finally allowing the industry to
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NYS ASSEMBLY JUNE 5, 2023
come in and say, We need a framework, this is what the framework
should look like, and having a voice on this is -- is extremely
important. I will say it would be great to see a Minority appointment
as well, and I know that the sponsor is willing to work with us on that.
But in general, I think that it's important that we finally take the time
to make our stance clear on this industry. Unfortunately, we saw with
mining and the mining industry was -- was very sad, because I work
closely with a lot of groups that take mining to extremely rural areas,
and now they're moved to other states and do these programs that help
rural and indigenous populations understand currency, understand the
mining operations, teaching them skills, no longer doing that here in
New York because of the fact that we did not bring in the partners who
were building out this infrastructure in that sector of cryptocurrency.
So I hope that we listen to our partners and listen to
the stakeholders, and I think that this task force will do just that.
Thank you.
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.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
50
NYS ASSEMBLY JUNE 5, 2023
Mr. Goodell for the purposes of a introduction.
MR. GOODELL: Thank you very much, sir. It is my
great pleasure on behalf of Minority Leader Will Barclay and the
entire Republican Conference to introduce a number of distinguished
Latino leaders from Downstate New York. They're here today to learn
about the legislative process and to build meaningful partnerships with
leaders in State government and the community stakeholders. And
with us today are Federico Guerrero, General Consul to El Salvador --
and I -- I hope I pronounce these names well enough that I'm not
permanently banned from any of these great -- great nations.
Alejandro Zayas, who is the Chairman of New York City Clergy;
Wendy Rodriguez, community leader and entrepreneur; Wanda
Arroyo, a community leader; Alejandro Buruca, a restaurant owner;
Ronnie Hernandez, an entrepreneur; Walter Mejia; Caleb Slater;
Pastor Basilio, who is the Freeport Pastor; Pastor Eli Samuel,
community leader and pastor; Sofia Aboubacar; Professor Henry, a
New York City Dominican leader; Pastor Daliza Rodriguez; with the
Dominican Chamber of Commerce, the Peruvian Chamber of
Commerce; Argilio Rodriguez, a New York City Latino leader; and
Adam Solis, a New York City community leader.
Sir, on behalf of all of us and particularly Minority
Leader Will Barclay, please welcome these distinguished guests.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Assemblymember Barclay, the Speaker and all the members, we
welcome you all here to the New York State Assembly, extend to you
51
NYS ASSEMBLY JUNE 5, 2023
the privileges of the floor. So glad that you could come and share this
day with us. We are always glad to have you. Please know you're
always come here. Thank you so very much.
(Applause)
Again, Mr. Barclay -- I mean, I'm sorry, Mr. Goodell.
MR. GOODELL: Thank you, Mr. Speaker. And
again, on behalf of Assembly Minority Leader Will Barclay, please
welcome Sean Metcalf and his father Adam - a name I can more easily
pronounce - a teacher at Mexico Central School District. Sean is a
senior at Owas -- Oswego High School and serves as the President of
the National Honor Society. For the past nine months he's been an
intern in Minority Leader Barclay's office, in his district office, as a
participant in the New Vision Specialized Career Program. Sean is a
dedicated student, remains active in his community. Participates in
Youth Court, served as vice president of his class, played a variety of
sports, and currently works at the Children's Museum of Oswego. He's
one of three students nominated at his high school in 2022 to receive
Leader Barclay's Annual Service Leadership Award. Sean will be
attending SUNY Albany to major in political science and looks
forward to serving as an Assembly intern in the future.
It's my honor to introduce Sean Metcalf and his father
Adam. Please join me in welcoming here -- them here to the New
York State Assembly. Thank you, sir.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Assemblymember Barclay, the Speaker and all the members,
52
NYS ASSEMBLY JUNE 5, 2023
gentlemen, we welcome you both here to the New York State
Assembly, extend to you the privileges of the floor. Our thanks to you
joining us here today, and of course you've chosen a great member to
intern with, and we hope to see you in Albany again very soon. Thank
you so very much. Enjoy your day.
(Applause)
Ms. Solages for the purposes of a introduction.
MS. SOLAGES: Thank you, Mr. Speaker, for an
introduction. I want to draw our eyes to the back of the Chamber. We
have one of New York State's most cutest young gentleman here, baby
-- baby Jack Knight, who is son of Kate and John Knight, who is our
Floor Counsel here. And he's with his grandmother, Lori Korkwere
(phonetic). They are here for a fun day in the Capitol, showing off all
of his many talents, like his new ability to walk.
So with that, Mr. Speaker, if you can please extend
the cordialities of the House to one of New York State's cutest little
blue-eyed babies, I would appreciate it.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Solages, the Speaker and all the members, we welcome the
Knight family here to the New York State Assembly, especially that
handsome young man that you have between you. Congratulations.
We are all pleased to have you here, family is always welcome here.
Family always has the privileges of the floor. God bless both. Take
care.
(Applause)
53
NYS ASSEMBLY JUNE 5, 2023
Ms. Solages.
MS. SOLAGES: Members have on their desks an
A-Calendar. Mr. Speaker, I now move to advance the A-Calendar.
ACTING SPEAKER AUBRY: On Ms. Solages'
motion, the A-Calendar is advanced.
Page 3, Rules Report No. 482, the Clerk will read.
THE CLERK: Assembly No. A00129, Rules Report
No. 482, Cruz, De Los Santos, Simone, Kelles, Simon, Raga, Taylor,
Seawright, Levenberg, Otis, Joyner, Walker, Davila, Glick, Zaccaro,
L. Rosenthal. An act to amend the Criminal Procedure Law, in
relation to requiring accurate interpretation of statements made by
deponents with limited English proficiency in accusatory instruments
and supporting depositions.
ACTING SPEAKER AUBRY: On a motion by Ms.
Cruz, the Senate bill is before the House. The Senate bill is advanced
and the bill is laid aside.
THE CLERK: Assembly No. A00463-A, Rules
Report No. 483, McDonald, Steck, Gunther, Stirpe, K. Brown,
Weprin, Colton, Bendett. An act to amend the Insurance Law and the
Public Health Law, in relation to requiring notice of adverse step
therapy determinations.
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
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NYS ASSEMBLY JUNE 5, 2023
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A01278-B, Rules
Report No. 484, Joyner, Bores, Burdick, Simon, Ardila, Reyes, Taylor,
Gibbs, Lunsford, Walker, L. Rosenthal. An act to amend the Labor
Law, in relation to prohibiting non-compete agreements and certain
restrictive covenants.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A01645-A, Rules
Report No. 485, Simon, Taylor, Forrest, Colton, Kelles, Shimsky,
Glick, Levenberg. An act to amend the Correction Law, in relation to
a reading proficiency level assessment and dyslexia screening for
incarcerated individuals.
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.)
Ms. Simon to explain her vote.
MS. SIMON: I -- I will say that I am very happy to
see all the green yeses on this board today. This is a bill that I have
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NYS ASSEMBLY JUNE 5, 2023
been working hard on for a number of years. As you know, we are --
have been talking a lot about dyslexia and reading difficulties for a
number of years, and this is one way that we can really make a
difference in the lives of people who have been incarcerated. We
know that the numbers of people who are incarcerated are at least 50
percent have signs of dyslexia, and many more have great difficulty
reading. And this is a way that we can make a difference by
identifying those who are at risk for dyslexia early on, providing them
the support that they need so when they reenter society they will be
much better able to reenter and get those jobs and not allow the
difficulty they have with reading to impact their lives in the way it has
in the past.
So I'm very happy to be able to vote in the
affirmative. Thank you.
ACTING SPEAKER AUBRY: Ms. Simon in the
affirmative.
Mr. Pirozzolo to explain his vote.
MR. PIROZZOLO: Thank you, Mr. Speaker. I
would like to thank the sponsor for introducing this bill. Chances are
very good that the reason these people are incarcerated in the first
place are -- or at least most of the -- the problem is because of
dyslexia. And anything that we can do to recognize dyslexia amongst
any portion of our population is a great thing.
So thank you very much.
ACTING SPEAKER AUBRY: Mr. Pirozzolo in the
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NYS ASSEMBLY JUNE 5, 2023
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A01926-A, Rules
Report No. 486, González-Rojas, Gallagher, Hevesi, Seawright,
Dinowitz, Simon, Forrest, Colton. An act to amend the Public Health
Law, in relation to reporting of home care service usage.
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. A02252, Rules Report
No. 487, Weprin, Braunstein, Carroll, Cruz, Darling, Durso, Cook,
Fahy, Hyndman, Jean-Pierre, Rozic, Simon, Steck, D. Rosenthal,
Pheffer Amato, Ra, Vanel, Mamdani. An act in relation to order a
study and report on a proposed extension of the Long Island Motor
Parkway Trail, a part of the Brooklyn-Queens Greenway, east from
Winchester Boulevard to Little Neck Parkway in the County of
Queens to the railhead of the planned Motor Parkway Trail in the
County of Nassau; and providing for the repeal of such provisions
57
NYS ASSEMBLY JUNE 5, 2023
upon expiration thereof.
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. A02307-A, Rules
Report No. 488, Lupardo. An act to amend the Education Law, in
relation to the computation of Building Aid for construction,
reconstruction or modernizing of projects for Binghamton City School
District.
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. A02356, Rules Report
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NYS ASSEMBLY JUNE 5, 2023
No. 489, Morinello. An act to amend Chapter 19 of the Laws of 1985
creating the Volunteer and Exempt Firemen's Benevolent Association
of Upper Mountain, Inc., and providing for its powers and duties, in
relation to its purpose and the use of foreign fire insurance premium
taxes.
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. A02479, Rules Report
No. 490, Hevesi, Epstein, Simon, McDonough, Clark, Alvarez,
Jackson, Raga. An act to amend the Social Services Law, in relation
to the administration of the Statewide Central Register of Child Abuse
and Maltreatment.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A02672-B, Rules
Report No. 491, Paulin, Dinowitz, Reyes, L. Rosenthal. An act to
amend the General Business Law, in relation to requiring sellers to
clearly post the price of a credit card surcharge.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the 60th
59
NYS ASSEMBLY JUNE 5, 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. A02725, Rules Report
No. 492, E. Brown. An act authorizing the Congregation Beis
Medrash of Lawrence to receive retroactive real property tax-exempt
status.
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. A02943, Rules Report
No. 493, Simpson, Blankenbush, Maher, Norris, DeStefano,
Manktelow, Lemondes, Bendett, Palmesano. An act to amend the
Highway Law, in relation to designating a portion of the State highway
system as the "Trooper Lawrence P. Gleason Memorial Bridge."
ACTING SPEAKER AUBRY: Read the last section.
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NYS ASSEMBLY JUNE 5, 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. A03288, Rules Report
No. 494, Slater, Levenberg, Gray, Maher, E. Brown, Bendett,
DeStefano, Tague, Durso, Morinello, Brabenec, Angelino, Lemondes,
Flood, J.M. Giglio. An act to amend the Highway Law, in relation to
naming a portion of Route 202 in the Town of Yorktown the "Captain
Kenneth Sgroi Memorial Highway."
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. Slater to explain his vote.
MR. SLATER: Thank you, Mr. Speaker. I just
wanted to take a moment to thank my colleagues for supporting this
piece of legislation. This would rename a portion of Route 202 in my
hometown of Yorktown in memory of Captain Kenneth Sgroi. This
Body has honored Captain Sgroi since his untimely death earlier this
year, and my hope is that this really brings some closure to our police
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NYS ASSEMBLY JUNE 5, 2023
department in my hometown of Yorktown, as well as to his family.
His wife and daughter, Gabriella; son, Joseph; his sister, Pam, who is
also a police officer in the City of Peekskill; and his mother, Alice.
Again, Mr. Speaker, I'll of course be supporting this --
this bill and I thank my colleagues for their support as well.
ACTING SPEAKER AUBRY: Mr. Slater in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A03381-A, Rules
Report No. 495, Woerner, McMahon, Thiele, D. Rosenthal, Simpson,
Mikulin, Durso, Colton, Sillitti, Sayegh, McDonald, Simon. An act to
amend the Real Property Tax Law, in relation to clarifying he
definition of "veteran" to include career members of the Armed Forces
for purposes of the veterans alternative tax exemption.
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. A03679-A, Rules
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NYS ASSEMBLY JUNE 5, 2023
Report No. 496, Manktelow. An act to amend the Tax Law, in
relation to authorizing Wayne County to impose a hotel, motel or
seasonal rental occupancy tax; and providing for the repeal of such
provisions upon expiration thereof.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk, and the bill is laid aside.
THE CLERK: Assembly No. A03861, Rules Report
No. 497, Jackson, Tapia, Cunningham, Taylor, Dickens, Septimo,
Epstein, Kelles, Forrest. An act to amend the Executive Law, in
relation to requiring agencies to provide unsuccessful bidders that are
certified minority and women-owned business enterprises with a
written statement articulating the reasons for such rejection.
ACTING SPEAKER AUBRY: On a motion by Ms.
Jackson, the Senate bill is before the House. The Senate bill is
advanced and the bill is laid aside.
THE CLERK: Assembly No. A04104-A, Rules
Report No. 498, Hunter, Buttenschon, Pheffer Amato, Rajkumar,
Jean-Pierre, Eachus. An act to amend the Veterans' Services Law, in
relation to establishing a searchable database of veteran-owned
businesses.
ACTING SPEAKER AUBRY: On a motion by Ms.
Hunter, the Senate bill is before the House. The Senate bill is
advanced, and read the last section.
THE CLERK: This act shall take effect April 1st.
ACTING SPEAKER AUBRY: The Clerk will record
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NYS ASSEMBLY JUNE 5, 2023
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A04187, Rules Report
No. 499, Peoples-Stokes, Epstein, Simone. An act to amend the
Executive Law, in relation to establishing the Office of Racial Equity
and Social Justice.
ACTING SPEAKER AUBRY: On a motion by Mrs.
Peoples-Stokes, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect April 1,
2024.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Mrs. Peoples-Stokes to explain her vote.
MRS. PEOPLES-STOKES: Thank you, Mr. Speaker,
for allowing me the opportunity to explain my vote. I want to
appreciate my colleagues who are able to join me in pushing forward
this piece of legislation. There is no question that -- you know, I think
if we look -- take hard looks at the data we'll come up with better
solutions on how to fix things, and I think this is an office that could
perhaps begin to look at that data. I was actually moved by one of our
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NYS ASSEMBLY JUNE 5, 2023
colleagues comments earlier today about, you know, eradicating
poverty and helping people figure out how to be financially or fiscally
more responsible. And it just occurred to me as he was saying that
that he's -- he's exactly right. We do need to do that. But sometimes
we need to dive deep into the policies that we create before we create
them, to see what their impact would be on people who are currently
living in poverty. And sometimes we need to look at the data that
impacts people's lives right now today and why they may be still in
poverty. And sometimes we need to look at what -- what other -- what
companies are doing that impact people's lives in a way that keeps
them in poverty. And I think if you set up an office established to do
things and look into these issues, you will -- we will find the ways to
do exactly what my colleague said that we should be doing. Because I
agree 100 percent we should be doing that, is finding ways to help
people get out and stay out of poverty and actually have access to the
real American Dream as promised to all of us.
So I really do appreciate people who can join me in
supporting this, and I think that we are going to see a good result at the
end of the day. Thank you, sir.
ACTING SPEAKER AUBRY: You're welcome.
Mrs. Peoples-Stokes in the affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A04275, Rules Report
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NYS ASSEMBLY JUNE 5, 2023
No. 500, Barrett, Hevesi, Wallace, Magnarelli, Burdick, Sillitti,
Buttenschon, Jones, Kelles, Bichotte Hermelyn, Jacobson, Colton,
Otis, Raga. An act requiring a multi-agency study on the issues
impacting the continuum of caregiving in the State of New York.
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. A04916, Rules Report
No. 501, Byrnes. An act to authorize Michael Telesca to take a
competitive Civil Service examination and be placed on the eligible
Civil Service list for employment as a full-time police officer for the
County of Livingston.
ACTING SPEAKER AUBRY: On a motion by Ms.
Byrnes, 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.
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NYS ASSEMBLY JUNE 5, 2023
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A04984-B, Rules
Report No. 502, D. Rosenthal, Weprin. An act to amend the Insurance
Law, in relation to the examination of records maintained by the
Excess Line Association; and to amend Chapter 630 of the Laws of
1988 amending the Insurance Law relating to establishing an excess
line advisory organization, in relation to extending the effectiveness
thereof.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A04986-A, Rules
Report No. 503, Hevesi. An act to amend the Social Services Law, in
relation to child care assistance under the Child Care Block Grant.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A04987-A, Rules
Report No. 504, Pheffer Amato, Hevesi, Paulin, L. Rosenthal, Colton,
Seawright, Shimsky, Simon, Dickens. An act to amend the Public
Health Law, in relation to establishing a video on the dangers of
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NYS ASSEMBLY JUNE 5, 2023
drowning for infants and young children to be viewed by a parent
and/or parents of newborn children.
ACTING SPEAKER AUBRY: On a motion by Ms.
Pheffer Amato, 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.
(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. A05052-C, Rules
Report No. 505, Woerner, McDonald, Gunther, Stirpe, Hunter, Thiele,
Glick, Stern, Jacobson, Magnarelli, Bendett, K. Brown, Cunningham,
Fahy, Durso, Gandolfo. An act to amend the Public Authorities Law,
in relation to conducting a highway and depot charging needs
evaluation.
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. Palmesano to explain his vote.
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NYS ASSEMBLY JUNE 5, 2023
MR. PALMESANO: Yes, thank you, Mr. Speaker
and my colleagues. To explain my vote. You know, I understand the
intention behind this legislation, but the fact of the matter is back in
2018 with much fanfare, Governor Cuomo announced a $250 million
for the Evolve New York program that was supposed to put in place
10,000 EV charging stations by the end of 2021. Last year Governor
Hochul announced that we just hit our 100th (inaudible) fast charging
stations, so we have a long ways to go. What we should be doing is
this should have been done a long time ago. We should be doing a
thorough cost-benefit analysis on top of it. Even the Comptroller has
cited problems with the dispatch of these charging stations. There's
going to be a significant demand on the grid. Just recent -- this
morning we toured the New York Independent System Operators.
They are very concerned about the reliability of our grid. You know,
for every megawatt of fossil fuel and natural gas has to be replaced by
three times the number of solar or wind. That's problematic, that's
going to test the affordability and the reliability of the grid. We have
major resources that need to be developed that aren't developed yet.
Twenty-seven to 45 gigawatts of new generation are needed to -- of
dispatchable emission-free resources and that technology is not even in
place yet. But we continue to move forward with -- to meet the Green
New Deal for New York. On top of it, when we talk about electric
vehicles there's safety issues for our first responders, and I know
there's another bill on the Calendar that's coming up soon. But also
when we talk about electric vehicles, I can't let it go by to recall and
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NYS ASSEMBLY JUNE 5, 2023
remind everyone in this Chamber that cobalt, 70 percent of it is
extracted in the Democratic Republic of the Congo is used to produce
these lithium ion batteries, and there are children today, some 35- to
40,000 children working in these mines in the -- in the Congo, mining
-- hand-mining for this stuff so they could produce these electric --
these batteries to power these electric vehicles. So I hope when we
think and continue to adopt these types of legislation, we start to think
about the safety aspect of it for them; not only for our first responders,
but for those individuals who are being exploited to produce these
electric vehicles so we can meet our Green New Deal goals.
So for that reason I'm going to be voting no.
ACTING SPEAKER AUBRY: Mr. Palmesano in the
negative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05119, Rules Report
No. 506, Gunther, Kelles, Alvarez, Santabarbara, Mamdani, De Los
Santos, Gibbs, Dickens, Reyes, Stern, Eachus, Cruz, McDonald,
Epstein, Levenberg, Tapia, Shrestha, Zaccaro, Hevesi, Burdick,
Maher, Gandolfo, Bendett, Novakhov, Slater, Seawright, K. Brown,
Gallahan, Chang, Walsh, Clark. An act in relation to establishing a
task force to study aging in pace in mental health housing; and
providing for the repeal of such provisions upon expiration thereof.
ACTING SPEAKER AUBRY: On a motion by Mrs.
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NYS ASSEMBLY JUNE 5, 2023
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. A05142-B, Rules
Report No. 507, E. Brown, DeStefano, K. Brown. An act in relation to
establishing the Long Island -- Long Island [sic] Park LIPA Power
Plant Tax Assessment Reserve 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. A05200-B, Rules
Report No. 508, McDonald, Bendett, McDonough, Fahy, Forrest. An
act to amend the Public Health Law, in relation to enacting "Matthew's
Law."
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NYS ASSEMBLY JUNE 5, 2023
ACTING SPEAKER AUBRY: On a motion by Mr.
McDonald, 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 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. A05326-A, Rules
Report No. 509, Curran. An act authorizing Vineyard Christian
Fellowship South Shore, Inc. to file with the County of Nassau
assessor an application for a retroactive real property tax exemption.
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. A05359-A, Rules
Report No. 510, Palmesano. An act to amend the Tax Law, in relation
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NYS ASSEMBLY JUNE 5, 2023
to extending the authorization of the County of Steuben to impose an
additional 1 percent of sales and compensating use taxes.
ACTING SPEAKER AUBRY: On a motion by Mr.
Palmesano, 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. A05435-A, Rules
Report No. 511, Solages, Thiele, Shimsky, González-Rojas,
Cunningham, Hyndman, McDonough, J.A. Giglio, Walker, Raga,
Novakhov, Woerner. An act to amend the Public Health Law, in
relation to establishing the New York State Community Doula
Directory for doulas serving Medicaid patients.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the
(inaudible).
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
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NYS ASSEMBLY JUNE 5, 2023
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05448-A, Rules
Report No. 512, Gunther, Jean-Pierre. An act to amend the Public
Health Law, the Social Services Law and the Family Court Act, in
relation to establishing the Maternal-Infant Care Centers Pilot
Program; and providing for the repeal of such provisions upon
expiration thereof.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect 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. A05588, Rules Report
No. 513, Barrett, Dickens, Zinerman, Magnarelli, Thiele, Simon,
Seawright, Stern, González-Rojas, Forrest, Reyes, Burgos, Burdick,
Dinowitz, Hevesi, Aubry, Jackson, Buttenschon, Otis, Meeks,
Lupardo, Kelles, Weprin. Concurrent Resolution of the Senate and
Assembly proposing amendments to Sections 3 and 4 of Article XVII
of the Constitution, in relation to the protection and promotion of the
mental health of New Yorkers.
ACTING SPEAKER AUBRY: The bill is laid aside.
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NYS ASSEMBLY JUNE 5, 2023
THE CLERK: Assembly No. A05775-A, Rules
Report No. 514, Friend. An act to amend the Tax Law, in relation to
extending the authorization of the County of Tioga to impose an
additional 1 percent of sales and compensating use taxes.
ACTING SPEAKER AUBRY: On a motion by Mr.
Friend, the Senate bill is before the House. The Senate bill is
advanced. Read -- 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. A05799-A, Rules
Report No. 515, Gandolfo. An act to authorize the Town of Islip,
County of Suffolk, to discontinue as parklands and lease certain lands.
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.
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NYS ASSEMBLY JUNE 5, 2023
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05817-A, Rules
Report 516, Solages. An act to amend the Civil Service Law, in
relation to certain reports relating to health benefits for State and
retired State employees.
ACTING SPEAKER AUBRY: On a motion by Ms.
Solages, 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.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you very much, sir. I will
be supporting this bill that requires the Civil Service Commission to
issue a report analyzing the medical expenditures through the State
system. I would note, however, that this bill language only requires a
report be given to Majority members. And I would remind my
Majority colleagues that about half of New York State is represented
by Republicans. And we, as with our Democratic colleagues, are
interested in the results of all reports, including this. So I hope, as a
matter of comity, the Majority shares this report with Minority, and I
hope as a matter of policy, that future legislation requires report to be
shared with both parties, thank you, sir.
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NYS ASSEMBLY JUNE 5, 2023
ACTING SPEAKER AUBRY: Mr. Goodell in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05970, Rules Report
No. 517, Aubry, Weprin, Rozic, Hyndman, Hevesi, Cook, Anderson,
Rage. An act in relation to directing the Department of Health to
conduct a study relating to the opening of a public hospital in
SouthEast Queens; and providing for the repeal of such provisions
upon expiration thereof.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06054, Rules Report
No. 518, DiPietro. An act to amend the Tax Law, in relation to
extending the expiration of the authorization to the County of
Wyoming to impose an additional one percent sales and compensating
use tax.
ACTING SPEAKER AUBRY: On a motion by Mr.
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NYS ASSEMBLY JUNE 5, 2023
DiPietro, 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. A06129-A, Rules
Report No. 519, Blumencranz. An act in relation to authorizing the
Gold Coast Public Library District to file with the County of Nassau
assessor an application for a retroactive real property tax exemption.
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. A06324, Rules Report
No. 520, Stirpe, Hevesi, Sillitti, Taylor, Woerner, Simon, Stern,
Zinerman, Lupardo, Zebrowski. An act to amend the Elder Law, in
relation to creating the Office of Older Adult Workforce Development
78
NYS ASSEMBLY JUNE 5, 2023
within the Office for the Aging.
ACTING SPEAKER AUBRY: On a motion by Mr.
Stirpe, 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. A06412, Rules Report
No. 521, Barclay. An act to amend the Highway Law and the Vehicle
and Traffic Law, in relation to establishing minimum maintenance
roads in designated towns; and providing for the repeal of such
provisions upon expiration thereof.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk. Read the last section.
THE CLERK: This act shall take effect on the 120th
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.)
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NYS ASSEMBLY JUNE 5, 2023
The bill is passed.
THE CLERK: Assembly No. A06431, Rules Report
No. 522, Magnarelli. An act to amend the City of Syracuse and the
Board of Education of the City School District of the City of Syracuse
Cooperative School Reconstruction Act, in relation to construction and
design contracts entered by the JSC Board.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you, Mr. Speaker, to explain
my vote. This bill would increase the bonding authority for the
Syracuse Reconstructive Act from 300- to 400 million. It's $100
million increase in debt for the Syracuse school system. And in
addition, this bill would provide that those funds that are not approved
by, certainly not by State other than to this bill would be spent on
projects that are Design-Build, which means there's no competitive
bidding, and a mandatory project agreement which means that anyone
who wants to do that work is funded by this debt has to have a union
contract. I think that's a double whammy against being cost
competitive because it eliminates competitive bidding and we've seen
through hundreds of years of experience that competitive bidding
tends to bring us the best prize, and by requiring a competitive -- a
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NYS ASSEMBLY JUNE 5, 2023
project labor agreement, we're not only going to make competitive
bidding but we make it impossible, or virtually impossible for
non-union contractors to do this work. So we eliminate non-union
contractors from even bidding to establish that they can do the work in
a more cost effective manner. And for those two primary -- three
primary reasons, a huge increase in debt, no competitive bidding, and
no opportunity for private sector, non-union employers to work on this
job, I will be voting against it. Thank you, sir.
ACTING SPEAKER AUBRY: Mr. Goodell in the
negative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06492, Rules Report
No. 523, Shimsky. An act to authorize the Village of Dobbs Ferry to
offer an optional twenty-year retirement plan to a certain police officer
formerly employed by such village.
ACTING SPEAKER AUBRY: On a motion by Ms.
Shimsky, 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.
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NYS ASSEMBLY JUNE 5, 2023
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06499, Rules Report
No. 524, Pheffer Amato. An act to amend the General Municipal
Law, in relation to special accidental death benefits for widows or
widowers of certain deputy sheriff members of the New York City
Sheriff's Department.
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. A06517, Rules Report
No. 525, Eachus. An act to amend the Executive Law, in relation to
the establishment of a specialized electric vehicle emergency response
training program.
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.)
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NYS ASSEMBLY JUNE 5, 2023
Mr. Eachus to explain his vote.
MR. EACHUS: Thank you, Mr. Speaker, and thank
you my colleagues for backing this. Every day we send volunteer
firemen, professional firemen, policemen, ambulance folks, EMTs into
situations which are very dangerous, very dangerous because there is
no educational system out there to teach them how to deal with
electric car fires or electric vehicle accidents. It is my hope that we
will create a training program perhaps on a video, that can be shown to
every fire department, every police department and every EMT group
out there so they will know how to safely approach this situation. I'm
in the affirmative.
ACTING SPEAKER AUBRY: Mr. Eachus in the
affirmative.
Mr. Palmesano.
MR. PALMESANO: Yes, Mr. Speaker, to explain
my vote. I also rise to express my support for this legislation. I think
this is good legislation. We had similar legislation on our side to
present. If I had to make two changes to the bill, one I would ask the
Minority Leader and the respective Rankers of those Committees also
receive a copy of that report. And also, I think I would like to see that
this report made to the public given what's at stake here. I mean, this
is a very serious issue and concern as facing many of our communities
with the deployment of more electric vehicles. Many of our fire
departments have no idea how to handle this. I mean, what needs to
be done for the training perspective, the amount of water that's needed
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NYS ASSEMBLY JUNE 5, 2023
to put out with these electric vehicle fires is tremendous. We all saw
the Felicity Ace, the cargo ship that sank to the bottom of the Atlantic
when they had a breakout on that ship that had the electric vehicles
that combusted. Most advised us to stay away from them and let them
burn out and that could be days, it could be many hours. They burn
hot and long. And we have to really be cognizant of that and in fact,
we should really be addressing some of these issues before we require
mandate of this massive electric mandate going across the board,
especially with our school buses and our school districts, given the fact
that every new school bus right now after 2027 school districts has to
purchase a zero emission school bus which most likely is going to be
electric school bus in regard to the costs and challenges there and just
think about that if our kids are on one of these school buses that they
burn, they burn hot and they burn long. When we talk about safety of
our fire departments, we should also be remised it doesn't give this bill
the safety of the individuals who are producing these materials to
produce our electric vehicles, the cobalt that is needed to produce
lithium ion batteries. We know it, I've said it over and over again and
I will continue to say it, 70 percent of the cobalt is extracted in the
Democratic Republic of the Congo for using child labor. These kids
are being maimed, they're being killed each and every day. Some
estimated 35 to 40,000 kids working in these mines, hand-mining it for
as little as $1 to $2 a day. I wish we could have more people speaking
up on this issue and address this issue. These kids are being exploited
so we can meet our clean energy goals and green energy goals, and it's
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NYS ASSEMBLY JUNE 5, 2023
really not so clean and green if we really look at it. So for that reason,
I will be voting for this legislation, we need this and it's a step in the
right direction, so thank you.
ACTING SPEAKER AUBRY: Mr. Palmesano in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A06557-A, Rules
Report No. 526, Sillitti. An act in relation to authorizing the County
of Nassau assessor to accept an application for a real property tax
exemption from the Maritime Administration, a component of the
United States Department of Transportation.
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. A06588, Rules Report
No. 527, Kelles. An act to amend the Tax Law, in relation to
extending the authorization for imposition of additional sales tax in the
County of Cortland.
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NYS ASSEMBLY JUNE 5, 2023
ACTING SPEAKER AUBRY: On a motion by Ms.
Kelles, 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. A06590, Rules Report
No. 528, Kelles. An act to amend Chapter 443 of the Laws of 2007
amending the Tax Law relating to authorizing the County of Cortland
to impose an additional mortgage recording tax, in relation to
extending the effectiveness of such provisions.
ACTING SPEAKER AUBRY: On a motion by Ms.
Kelles, 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.
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THE CLERK: Assembly No. A06680, Rules Report
No. 529, Paulin, Sillitti, Woerner, Lupardo, Lavine, Simpson, Walsh,
Simon, McDonald, Stirpe, Beephan. An act to amend the General
Business Law, in relation to prohibiting unsolicited telemarketing
sales calls during certain declared states of emergency.
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. A06686, Rules Report
530, Magnarelli, Hunter. An act to amend the Vehicle and Traffic
Law and the Public Officers Law, in relation to owner liability for
failure of operator to comply with traffic control indications in the City
of Syracuse; and providing for the repeal of such provisions upon
expiration thereof.
ACTING SPEAKER AUBRY: Home Rule message
is at the desk. The bill is laid aside.
THE CLERK: Assembly No. A06687-A, Rules
Report 531, Magnarelli, Hunter. An act to amend the Vehicle and
Traffic Law and the Public Officers Law, in relation to authorizing the
City of Syracuse to establish a demonstration program imposing
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NYS ASSEMBLY JUNE 5, 2023
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with posted maximum speed limits in a school
speed zone; and providing for the repeal of such provisions upon
expiration thereof.
ACTING SPEAKER AUBRY: On a motion by Mr.
Magnarelli, the Senate bill is before the House. The Senate bill is
advanced. Home Rule message is at the desk and the bill is laid aside.
THE CLERK: Assembly No. A06690-A, Rules
Report No. 532, Blumencranz. An act in relation to authorizing the
North Shore Land Alliance, Inc. to file with the County of Nassau
assessor an application for a retroactive real property tax exemption.
ACTING SPEAKER AUBRY: On a motion by Mr.
Blumencranz, 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. A06724, Rules Report
No. 533, Bronson, Lunsford, Meeks. An act in relation to authorizing
the City of Rochester to convey by appropriate instruments to the
Rochester Pure Waters District, an easement in Genesee Valley Park,
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NYS ASSEMBLY JUNE 5, 2023
for installation and maintenance of sanitary sewer facilities.
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. A06725, Rules Report
No. 534, Tague. An act to amend the Public Officers Law, in relation
to the qualifications for holding the Office of Assistant District
Attorney in the County of Greene.
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. A06731, Rules Report
No. 536, Stern. An act to amend the Retirement and Social Security
Law, in relation to providing accidental disability retirement for
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NYS ASSEMBLY JUNE 5, 2023
deputy sheriffs in Suffolk County.
Assembly No. A06728, Rules Report No. 535, Sillitti.
An act in relation to authorizing the County of Nassau assessor to
accept an application for a real property tax exemption from Torah
Ohr Hebrew Academy.
ACTING SPEAKER AUBRY: On a motion by Ms.
Sillitti, 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. A06731, Rules Report
No. 536, Stern. An act to amend the Retirement and Social Security
Law, in relation to providing accidental disability retirement for
deputy sheriffs in Suffolk County.
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.)
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NYS ASSEMBLY JUNE 5, 2023
Mr. Fitzpatrick to explain his vote.
MR. FITZPATRICK: Thank you, Mr. Speaker. I just
rise to explain my vote. Again, this time of year when we have so
many benefit enhancements and pension sweeteners coming through,
I'm not opposed to improving benefits or enhancing benefits, but it's
how it's done that's the problem. This should be done through the
collective bargaining process and not done behind the taxpayer's back
through the Legislature, in my view. Collective bargaining is, you
know, a hard fought for benefit for organized labor and I believe they
should use it more aggressively, especially when it comes to benefit
enhancements. It's not unfair, nor is it unreasonable to ask them for
something in return to help offset the cost of what are becoming very
and very expensive benefits. We have a crisis in this State where
people are leaving because of the high tax burden, it is situations like
this which are contributing to that high tax burden. So in fairness to
the taxpayers, something should be put on the table in return, that's
what collective bargaining is all about, it should be used in cases like
this and for that reason, 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. A06750, Rules Report
No. 537, Pheffer Amato. An act to amend the Administrative Code of
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NYS ASSEMBLY JUNE 5, 2023
the City of New York and the Retirement and Social Security Law, in
relation to permitting certain New York City Correction members to
borrow from their accumulated member contributions; and to repeal
certain provisions of the Retirement and Social Security Law relating
thereto.
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. A06866, Rules Report
No. 538, Lavine. An act to amend the Civil Practice Law and Rules,
in relation to court confirmation of arbitration awards for public sector
arbitrations.
ACTING SPEAKER AUBRY: On a motion by Mr.
Lavine, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
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NYS ASSEMBLY JUNE 5, 2023
ACTING SPEAKER REYES: Are there any other
votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07041-A, Rules
Report No. 539, Sillitti. An act in relation to authorizing Saddle Rock
Minyan to file an application for retroactive real property tax
exemption.
ACTING SPEAKER REYES: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER REYES: 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. A07117, Rules Report
No. 540, Fahy. An act to amend Chapter 405 of the Laws of 2005
amending the Tax Law relating to authorizing the County of Albany to
impose a county recording tax on obligations secured by a mortgage
on real property, in relation to extending the effectiveness thereof.
ACTING SPEAKER REYES: On a motion by Ms.
Fahy, 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.
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NYS ASSEMBLY JUNE 5, 2023
ACTING SPEAKER REYES: 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. A07207, Rules Report
No. 541, Thiele. An act to amend the Tax Law, in relation to
extending the authority of the County of Suffolk to impose an
additional one percent of sales and compensating use tax.
ACTING SPEAKER REYES: On a motion by Mr.
Thiele, 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 REYES: 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. A07237, Rules Report
No. 542, Pretlow. An act to amend the Tax Law, in relation to
authorizing the City of Yonkers to impose additional sales tax; and to
amend Chapter 67 of the Laws of 2015, amending the Tax Law
relating to authorizing the City of Yonkers to impose additional sales
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NYS ASSEMBLY JUNE 5, 2023
tax, in relation to extending provisions relating thereto.
ACTING SPEAKER REYES: On a motion by Mr.
Pretlow, 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 REYES: 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. A07238, Rules Report
No. 543, Pretlow. An act to amend the Tax Law, in relation to
extending the expiration of the mortgage recording tax imposed by the
City of Yonkers.
ACTING SPEAKER REYES: On a motion by Mr.
Pretlow, 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 REYES: 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.
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NYS ASSEMBLY JUNE 5, 2023
THE CLERK: Assembly No. A07239, Rules Report
No. 544, Pretlow. An act to amend the Tax Law and Chapter 535 of
the Laws of 1987, amending the Tax Law relating to the City of
Yonkers personal income tax surcharge, in relation to extending the
expiration date of the personal income tax surcharge.
ACTING SPEAKER REYES: On a motion by Mr.
Pretlow, 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 REYES: 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. A07246, Rules Report
No. 545, Woerner. An act to amend the Education Law, in relation to
the award of grants to support preservation and/or conservation of
library research materials.
ACTING SPEAKER REYES: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER REYES: The Clerk will record
the vote.
(The Clerk recorded the vote.)
ACTING SPEAKER AUBRY: Are there any other
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NYS ASSEMBLY JUNE 5, 2023
votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07247-A, Rules
Report No. 546, Burdick. An act to amend Chapter 538 of the Law of
1975 incorporating the South Salem Exempt Volunteer Firemen's
Benevolent Association, and providing for its powers and duties, in
relation to the purposes of the South Salem Exempt Volunteer
Firemen's Benevolent Association and to foreign fire insurance
premium taxes.
ACTING SPEAKER AUBRY: On a motion by Mr.
Burdick, 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.)
Mr. Burdick to explain his vote.
MR. BURDICK: Thank you, Mr. Speaker, for
allowing me to explain my vote. As so many of us in this Chamber
know, volunteer fire departments struggle to attract and retrain
members. The establishment of parallel benevolent associations
allows for very modest benefits to be provided to members, such as for
group life or disability insurance, vision insurance and uniforms. The
South Salem firefighters asked me to carry this bill which will expand
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NYS ASSEMBLY JUNE 5, 2023
the purposes of the existing South Salem Exempt Volunteer Firemen's
Benevolent Association. This all volunteer department serves the
community selflessly and this bill will help them to carry out their
mission. I vote in the affirmative. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Mr. Burdick in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07253, Rules Report
No. 547, Santabarbara. An act to amend the Tax Law, in relation to
extending the authorization granted to the County of Montgomery to
impose an additional one percent sales and compensating use taxes.
ACTING SPEAKER AUBRY: On a motion by Mr.
Santabarbara, 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. A07258-A, Rules
Report No. 548, Benedetto. An act to amend the Education Law, in
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NYS ASSEMBLY JUNE 5, 2023
relation to replacing the words "handicapping conditions" with the
word "disabilities."
ACTING SPEAKER AUBRY: On a motion by Mr.
Benedetto, 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. A07328, Rules Report
No. 549, Paulin, D. Rosenthal, Reyes, Weprin. An act to amend the
Public Health Law, in relation to establishing a four-year
demonstration project and workgroup to reduce the use of temporary
staffing agencies in residential health care facilities.
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.
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NYS ASSEMBLY JUNE 5, 2023
THE CLERK: Assembly No. A07350, Rules Report
No. 550, Stern, Rajkumar, Santabarbara, Eachus. An act to amend the
Veterans' Services Law, in relation to the Veterans Employment Task
Force.
ACTING SPEAKER AUBRY: On a motion by Mr.
Stern, 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. A07368-A, Rules
Report No. 551, Magnarelli, Stirpe. An act enacting the "Syracuse
Regional Airport Authority Design-Build Act"; and providing for the
repeal of such provisions upon expiration.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Mr. Goodell to explain his vote.
MR. GOODELL: Thank you, sir. This is bill
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NYS ASSEMBLY JUNE 5, 2023
authorizes the Syracuse Regional Airport Authority to proceed on
construction contracts without any competitive bidding and without
any opportunity whatsoever for private contractors that might be
non-union to vote or to participate. I think it is good policy to have
competitive bidding on municipal projects, and I think it's good policy
to allow everyone who is qualified to have a fair and reasonable
opportunity to submit such a bid. This takes it out of the competitive
bidding process which means the contractors will be hand-picked
without any competitive bidding to ensure that the taxpayers get the
lowest price and without any opportunity for those who may be
non-union to submit a bidding. And for those reasons, I will not be
supporting it. Thank you, sir.
ACTING SPEAKER AUBRY: Mr. Goodell in the
negative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07381, Rules Report
No. 552, Burke. An act to amend Chapter 492 of the Laws of 1993
amending the Local Finance Law relating to installment loans and
obligations evidencing installment loans, in relation to extending the
effectiveness thereof.
ACTING SPEAKER AUBRY: On a motion by Mr.
Burke, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
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NYS ASSEMBLY JUNE 5, 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. A07382, Rules Report
No. 553, Sillitti. An act to amend Chapter 629 of the Laws of 2005,
amending the Local Finance Law relating to refunding bonds, in
relation to extending the effectiveness thereof.
ACTING SPEAKER AUBRY: On a motion by Ms.
Sillitti, 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. A07420, Rules Report
No. 554, Pheffer Amato. An act to amend the Retirement and Social
Security Law, in relation to the eligibility of certain participants in the
New York City Employees' Retirement System to opt into the
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NYS ASSEMBLY JUNE 5, 2023
twenty-five year retirement program for EMT members.
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. A07427, Rules Report
No. 555, Jackson. An act to amend Chapter 303 of the Laws of 1999,
amending the New York State Medical Care Facilities Finance Agency
Act relating to financing health facilities, in relation to the
effectiveness thereof.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A07445, Rules Report
No. 556, Jacobson. An act to amend Part X of Chapter 62 of the Laws
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of 2003 amending the General Business Law and other laws generally
relating to implementing the State Fiscal Plan for the 2003-2004 State
Fiscal Year, in relation to extending certain provisions of the General
Municipal Law and the Local Finance Law relating to electronic
bidding.
ACTING SPEAKER AUBRY: On a motion by Mr.
Jacobson, 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. A07453, Rules Report
No. 557, Shimsky. An act to amend Chapter 372 of the Laws of 2020,
relating to authorizing the Town of Mount Pleasant to adopt a local
law to impose a hotel/motel occupancy tax for hotels not located in a
village, in relation to extending the expiration thereof.
ACTING SPEAKER AUBRY: On a motion by Ms.
Shimsky, 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
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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. A07474, Rules Report
No. 558, Shimsky. An act to amend the Environmental Conservation
Law, in relation to extending the authority of the Department of
Environmental Conservation to manage Atlantic herring.
ACTING SPEAKER AUBRY: On a motion by Ms.
Shimsky, 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. A07580, Rules Report
No. 559, Hunter. An act to amend Chapter 746 of the Laws of 1957
relating to incorporating the Volunteer and Exempt Firemen's
Benevolent Association of East Syracuse, Onondaga County, New
York, and providing for the powers and duties of such corporation and
for the payment to it of certain fire insurance premium tax monies, in
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NYS ASSEMBLY JUNE 5, 2023
relation to the purposes of such corporation and the use of certain tax
monies received.
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 you
could please now go back to our main Calendar and go to page 3 and
take up our resolutions.
ACTING SPEAKER AUBRY: Resolutions, page 3,
Assembly No. 611, the Clerk will read.
THE CLERK: Assembly Resolution No. 611, Ms.
Solages.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 10, 2023 as Belmont Stakes Day in the
State of New York, and commending the New York Racing
Association upon the occasion of the 155th running of the Belmont
Stakes.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, nay. The resolution is
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NYS ASSEMBLY JUNE 5, 2023
adopted.
THE CLERK: Assembly Resolution No. 612, Mr.
Durso.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 17, 2023 as Sanitation Workers Day in
the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 613, Mr.
Sayegh.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 21, 2023 as Yoga Day in the State of
New York.
ACTING SPEAKER AUBRY: Mr. Sayegh on the
resolution.
MR. SAYEGH: Thank you very much, Mr. Speaker.
ACTING SPEAKER AUBRY: We're going to wait a
minute, though, Mr. Sayegh, because there's a lot of milling and
conversations. We're not quite finished. Members, please take your
seats.
MR. SAYEGH: Thank you very much. Earlier we
had the pleasure of meeting here in the Chamber members of the
World Yoga Community under the leadership of Guruji Dileephumar
Thankappan, and Mr. Bhushan and Dr. Alapo and Reverend Marsal
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and many students, students of yoga from the Heavenly School [sic]
USA. And we wanted them to share the celebration of yoga and to
join us in this resolution as we proclaim June 21, 2028 [sic] as Yoga
Day in the State of New York. The United Nations General Assembly
declared June 21st as the International Day of Yoga, and on December
11, 2014 the United Nations, along with the Federal Government,
announced such. Yoga roots stretch back to ancient India. This
age-old traditional practice embodying the unity of mind, body and
well-being has survived the test of time, and the year 2023 is more
popular than ever. Yoga was introduced to the USA in the 1890's, and
today ten of millions of Americans practice yoga, including millions in
New York State. Research suggests that yoga helps improve general
wellness by relieving stress, supporting good health habits, improving
mental and emotional health, sleep, flexibility and balance, as well as
relief of lower back and neck pain, and possible pain from
tension-related headaches and knee-related injuries. Yoga has added
many benefits for helping both youth and adults significantly improve
their quality of life by -- by aiding them to lose weight, quit smoking,
manage anxiety, manage opioid addiction, relieve menopause
symptoms and help people with chronic disease manage their
symptoms and improve their quality of life. Again, this is really a
trend that goes beyond traditional or heritage. It's really a new form of
well-being that really is on the move, a positive move forward. So
today is really a recognition of that and honoring both individuals that
are sitting up there that really have led the cause of yoga here in New
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NYS ASSEMBLY JUNE 5, 2023
York, New York State, the nation and the world.
Thank you very much.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
(Applause)
THE CLERK: Assembly Resolution No. 614, Ms.
Glick.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 2023 as Gay Pride Month in the State
of New York.
ACTING SPEAKER AUBRY: Ms. Glick on the
resolution.
MS. GLICK: Thank you, Mr. Speaker. In New York
State and across the country and, indeed, the world, June is viewed as
Gay Pride Month, dating back to the beginning of what is viewed as
the modern gay movement is traced to the Stonewall uprising or
rebellion in 1969. That was not the first acts of protest which actually
started more in the 50's and 60's with the creation of organizations like
the Mattachine Society and the Daughters of Bilitis. Those
organizations protested discrimination, discrimination which sadly
continues today. The -- I will remind members that as a sitting
member of this House, for the first ten years my basic civil rights were
not protected by State law in many parts of New York State. Even as
a sitting member of this Chamber. The rebellion was based on the
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continued and pernicious raids by the police on gay establishments.
And after years of frustration, individuals who feared these raids
because they could lose their jobs, they could lose their housing, they
could lose their families, they stood up against the police and they
were what we would -- what was called at the time, many of the
individuals were transvestites or drag queens. They stood up for the
rights of the LGBT community against that harassment. And today we
see coming full circle this resurgence of hatred towards the LGBTQ
community and the violence that is reminiscent of the Brownshirts of
Germany 1930's where groups of people, many of whom identified as
white supremacists, attacked people, attacked gay pride displays. And
I would just remind people that gay people are everywhere, and gay
people come from all families. My family was basically a straight
family, so how did I emerge? Because gay people are who they are.
And in 19 -- in 2007 the first Marriage Equality bill passed this
Chamber, and in 2011 New York State became the sixth state in which
Marriage Equality was passed by both Houses and signed into law.
And in 2016 under President Obama, the first national monument that
relates to LGBTQ history was designated at the Stonewall Memorial.
And in 2021, President Biden signed an Executive Order allowing all
qualified Americans to serve in the Armed Services. Which isn't to
say that they weren't always there, they were. An Air Force Sergeant
in San Francisco on his tombstone it said, "They gave me a medal for
killing a man, and they gave me a dishonorable discharge for loving
one." In 2022 when the Supreme Court reversed Roe v. Wade they
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indicated that they were also looking to reverse Marriage Equality and
access to contraceptives. So the fight continues for basic equality.
And in later that same year, in December of 2022, President Biden
signed the Respect for Marriage Act which codified in law, not leaving
it up to the Supreme Court, but codifying in law the Respect for
Marriage Act which passed with a bipartisan vote. I will just say that
across this country there are laws being passed to criminalize and
demonize people who are LGBTQ. When you demonize, when you
pass laws that marginalize people, you incite not just hatred, but also
violence. And I will just say to you all that we are proud that the
Governor is going to proclaim June Pride Month, but I can assure you,
none of us are going back in the closet. We are proud. We are proud
to be Americans. We're proud to be New Yorkers, and we're proud to
be contributing members of this society.
Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you.
(Applause)
Mr. Bronson.
MR. BRONSON: Thank you, Mr. Speaker. I first
want to thank Assemblymember Glick for sponsoring this resolution,
but more importantly, for being a trailblazer in our LGBTQ
movement. To me, pride means that it's an important time for us to
remember the LGBTQ liberation, our movement and our journey. It's
a time to celebrate our authentic selves. But it's most important that
we use pride to say out loud and proudly that no matter who you are,
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what you look like, who you love or how you identify, we all have
dignity. And with that dignity we deserve equality and we deserve
justice. Pride is a time to remember that love and unity will always,
always, always conquer hate. And today we see that hate. We see that
bigotry. We see states and localities passing laws that would
dismantle our LGBTQ protections and our rights and, indeed, try to do
away with our very existence. We will not go away. We will be here.
We will proudly say we are a member of the LGBTQ community, and
you will not be able through hate or your legislation to make us go
away. Because we will live our authentic selves. We will see the
strength in our differences and we will celebrate those differences.
And we will meet that hate with love.
Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you.
Mr. Simone.
MR. SIMONE: Thank you, Mr. Speaker. I rise in
support of this resolution. Someone once asked me the question, Why
do you celebrate pride at your age? I wanted to be mean and tell the
person off, but I paused, smiled and said, Happy Pride and walked
away. I celebrate Pride for the hundreds of thousands of my brothers
and sisters who cannot. I celebrate for all the beautiful souls who lost
their lives to the horrible AIDS pandemic our government ignored for
so long. Could you imagine if they treated it as seriously as they did
COVID how many young lives would have been saved today? I
celebrate for the LGBTQ individual who is scared to be who they are
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due to their ignorant family or bigoted community or autocratic
government they live under. I celebrate for the transgender youth who
sees hate spreading across the country, coming after them and their
parents trying to protect them, laws being enacted and threatening
their own health and well-being. My coming out story was positive
and I am so grateful. My family and friends never rejected me or
stopped loving me. I found true love with Jason Coughlin, my
amazing partner and husband who lets me be me. I celebrate and
protest during Pride because not everyone on this planet can be
LGBTQ+ openly and be safe, free and happy. And I will always fight
for everyone's civil rights, including my community's, until every
LGBT individual, kid, adult can live free and love who they want to
love.
I am proud to be a member of this legislative Body
that stands behind the spirit of Pride. Happy Pride, everyone.
ACTING SPEAKER AUBRY: Thank you.
Ms. González-Rojas.
MS. GONZÁLEZ-ROJAS: Thank you, Mr. Speaker.
And Happy Pride. LGBTQ Pride is held every year during the month
of June to commemorate the 1969 Stonewall uprising, a pivotal
moment in the ongoing fight for LGBTQ liberation. So today we
honor trans women of color leaders like Sylvia Rivera and Marsha P.
Johnson, women at the forefront of the fight for trans liberation and
who are considered the mothers among so many marginalized and
vulnerable LGBTQ youth in New York City. They opened the first
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LGBTQ youth homeless shelter in the United States, in fact, in North
America, and showed love and compassion to young people who faced
hatred and rejection. Celebrating Pride this year is more important
than ever. We are at a time when legislatures across the country are
introducing and passing an unprecedented number of bills that strip
away the rights of LGBTQ people. It is imperative that we do
everything we can in New York State to protect and uplift our LGBTQ
family, neighbors and loved ones. My neighborhood of Jackson
Heights is home to the second-oldest and second-largest Pride Parade
in New York City. We celebrated Queens Pride yesterday,
remembering the lives of so many whose shoulders we stand on. We
remembered Julio Rivera, Edgar Garzon and so many lives lost to
violence against our LGBTQ siblings from Queens. We march for
resources, for our human rights, and reminded each other that we got
us. So, Pride is not just a time for rainbows and glitter, and while
many of us love rainbows and glitter, Pride is about commemorating
the lives lost to homophobia, honoring the courageous legacy of those
who have paved the way for so many of us, and fighting for the safety,
love and joy of future generations.
I commend the sponsor, who I admire so deeply, of
this resolution and I'm so honored to vote in the affirmative.
ACTING SPEAKER AUBRY: On the resolution --
I'm sorry, Mrs. Peoples-Stokes on the resolution.
MRS. PEOPLES-STOKES: Thank you, Mr. Speaker,
for giving me this opportunity to speak on this resolution. I first want
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to commend the sponsor of this resolution. I have watched her for
years, stand and defend a community sometimes all by herself, and I
hope she understands that you don't need to do that anymore. There
are a lot of people who will not only defend your community who are
a part of it, but there are some who are not a part of it that will defend
it to the dying day. Everybody deserves to be proud of who they are.
It doesn't mean everybody else has to like it, but they have a right to be
proud of who they are. I can tell you that on yesterday in the great
City of Buffalo, the Pride community celebrated in a phenomenal way.
I was amazed at the number of people who actually showed up on this
parade route. In fact, I was thinking maybe a couple hundred
thousand. I think it was more than that, because there's -- it was
families, it was people who are LBGTQ [sic], but it was their families
supporting them, it was their children, it was the entire community.
And I just think that we are -- we should be past the point where we
can't allow people to be happy with who they are, and accept that and
not challenge it or create conflict for them in their lives. I -- I just
really hope that we're past that, but until we get past it we have to keep
doing things like this and saying, Yes, it's okay to be proud of who you
are.
I congratulate the sponsor on this piece of legislation
and I look forward to Pride Day next year. And I don't think that
there'll ever be another time in this society with what happened at
Stonewall will be tolerated under any circumstances, for any person
regardless of their choice in life. Thank you, Mr. Speaker, and thank
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the sponsor.
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 Resolution No. 615, Ms.
Fahy.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 2023 as Scleroderma 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 Resolution No. 616, Ms.
Williams.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim -- to declare June 2023 as North American
Hurricane Awareness Month in the State of New York, at the start of
the Atlantic hurricane season.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 617, Mr.
DeStefano.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 2023 as Great Outdoors Month in the
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State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 618, Ms.
Solages.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim July 2023 as Plastic Free Month in the State
of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 619, Mr.
Zebrowski.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim August 2023 as Indian American Heritage
Month in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 620, Mr.
Aubry.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim September 7, 2023 as Wheelchair Charities
Day the State of New York.
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ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 621, Mr. K.
Brown.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim October 2, 2023 as Custodial Worker's
Recognition Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 622, Ms.
Buttenschon.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim October 28, 2023 as First Responders 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 we have
any further housekeeping or resolutions?
ACTING SPEAKER AUBRY: We do have
housekeeping.
On a motion by Mr. Weprin, page 25, Calendar No. 8,
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Bill No. A04668-A, the amendments are received and adopted.
On a motion by Ms. Rosenthal, page 31, Calendar No.
187, Bill No. A00043-B, the amendments are received and adopted.
And on a motion by Mr. Epstein, page 9, Rules
Report No. 22 -- 227, Cal -- Bill No. A04717-A, amendments are
received and adopted.
On behalf of Mr. Vanel, Bill No. A01057-B,
Assembly bill recalled from the Senate, the Clerk will read the title of
the bill.
THE CLERK: An act to amend the General Business
Law.
ACTING SPEAKER AUBRY: Motion to reconsider
the vote by which the bill passed the House. The Clerk will record the
vote.
(The Clerk recorded the vote.)
The Clerk will announce the results.
(The Clerk announced the results.)
The bill is before the House and the amendments are
received and adopted.
And we have numerous fine resolutions, we will take
them up with one vote.
On the resolutions, all those in favor signify by saying
aye; opposed, no. The resolutions are adopted.
(Whereupon, Assembly Resolution Nos. 623-635
were unanimously approved.)
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Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, would you
please call on Mr. Jacobson for the purposes of an announcement?
ACTING SPEAKER AUBRY: Mr. Jacobson for the
purposes of an announcement.
MR. JACOBSON: Thank you, Mr. Speaker. The
much-anticipated conference for the Majority will be held at 6:30 p.m.
in Hearing Room B.
ACTING SPEAKER AUBRY: Majority Conference,
6:30, Hearing Room B. Thank you very much.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr. Speaker.
I now move that the Assembly stand adjourned until 10:00 a.m.,
Tuesday, June the 6th, tomorrow being a Session day. That's 10:00
a.m., tomorrow being a Session day.
ACTING SPEAKER AUBRY: 10:00 a.m. it is, Mrs.
Peoples-Stokes.
The Assembly stands adjourned.
(Whereupon, at 6:00 p.m., the Assembly stood
adjourned until Tuesday, June 6th at 10:00 a.m., Tuesday being a
Session day.)
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