WEDNESDAY, MARCH 27, 2019 1:57 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MUFTI SAYED MOHAMMAD ANSARUL KARIM WILL OFFER A

PRAYER.

IMAM MUFTI SAYED MOHAMMAD ANSARUL

KARIM: (SINGING IN ARABIC) IN THE NAME OF THE LORD, THE MOST

COMPASSIONATE, THE MOST MERCIFUL. FIRSTLY, I WOULD LIKE TO THANK MR.

SPEAKER HEASTIE AND ASSEMBLYWOMAN KARINES REYES AND ALL YOU

WONDERFUL PEOPLE. I'M DELIGHTED TO SAY THIS. IT IS INSPIRING TO SEE THAT

ALL WONDERFUL PEOPLE ARE UNITED FOR A COMMON UNDERSTANDING.

MR. SPEAKER, APPROXIMATELY 3,000 YEARS AGO FROM

TODAY, PERFECT MOSES - PEACE BE UPON HIM - HE WAS ASKED BY HIS

NYS ASSEMBLY MARCH 27, 2019

DISCIPLE, OF ALL THE COMMANDMENTS THAT YOU HAVE RECEIVED FROM YOUR

LORD, WHICH ONE IS THE MOST IMPORTANT ONE? AND HE REPLIED, I QUOTE

FROM HEBREW FROM THE BOOK OF DEUTERONOMY, IT IS IN HEBREW

LANGUAGE. PERFECT MOSES - PEACE BE UPON HIM - HE SAID: (SPEAKING

HEBREW). INTERESTINGLY, 2,000 YEARS AGO APPROXIMATELY FROM TODAY,

JESUS OF NAZARETH - PEACE BE UPON HIM - HE WAS ASKED BY HIS DISCIPLES

THAT, OF ALL THE COMMANDMENTS THAT YOU HAVE RECEIVED FROM YOUR LORD,

WHICH ONE IS THE FIRST ONE? AND JESUS CHRIST - PEACE BE UPON HIM -

HE REPLIED, "HEAR, O ISRAEL! THE FIRST COMMANDMENT THAT I HAVE

RECEIVED FROM MY LORD IS MY LORD IS THE GOD, HE IS ONE." I HAVE

QUOTED FROM THE GOSPEL OF MARK, 12:29. INTRIGUINGLY, 600 YEARS LATER

APPROXIMATELY, 1,400 YEARS AGO FROM TODAY, IN THE VALLEY OF MECCA,

PROPHET MUHAMMAD - PEACE BE UPON HIM - HE DECLARED THE DIVINE

MESSAGE: (SPEAKING ARABIC), SAY YOUR LORD IS ALLAH, THE ONE AND

ONLY.

THE COMMON THREAD IN THESE THREE ABRAHAMIC

SCRIPTURES IS THIS: THE ONENESS OF GOD. BY THIS WAY, WE ARE UNITED.

BY THIS WAY, WE ARE FROM THE PART OF ONE DIVINE FAMILY OF GOD. WE ALL

ARE UNITED. DIVERSITY IS OUR BLESSINGS. IT IS NOT A CURSE. WE MAY LOOK

DIFFERENT FROM OUTWARD, FROM OUTLOOK, BUT INWARDLY WE SHARE THE SAME

ESSENCE. WE MAY LOOK COLORFUL FROM OUTSIDE, BUT INSIDE WE SHARE THE

SAME COLOR OF BLOOD. WE ARE ONE. WE ARE UNITED. UNITY IS OUR

STRENGTH. IT'S THE EVIL, IT'S THE DEVIL AND EVIL FORCES WHO WANTS TO BREAK

US APART. DIVERSITY IS OUR BLESSINGS. THERE'S NO PLACE FOR RACISM.

THERE'S NO PLACE FOR RACIAL DISCRIMINATION. THERE'S NO PLACE FOR

NYS ASSEMBLY MARCH 27, 2019

SO-CALLED "SUPREMACY". THERE'S NO PLACE FOR TERRORISM. TERRORISM

DOESN'T HAVE ANY COLOR, DOESN'T HAVE ANY RACE, DOESN'T HAVE ANY

RELIGION. WE CONDEMN. WE HAVE TO STAY AWAY AND TOGETHER IN UNITED

FORCE WE CAN COMBAT ALL THE EVIL, ALL THE INEQUALITIES, ALL THE EVIL FROM

THIS EARTH. WITH MUTUAL UNDERSTANDING, WITH MUTUAL LOVE AND

COMPASSION AND TOLERANCE, WE CAN MAKE THIS PLANET BETTER AND MORE

BEAUTIFUL FOR OUR GENERATIONS TO COME, FOR OUR FUTURE GENERATIONS.

MR. SPEAKER, I LEAVE YOU LAST, NOT THE LEAST WITH THIS

CODE FROM THE RICH CULTURE OF BANGLADESH. IN BENGALI (SPEAKING

BENGALI). IT MEANS, WE MAY LOOK DIFFERENT, FROM OUTSIDE WE ARE

COLORFUL, BUT THE COLOR OF OUR BLOOD IS THE SAME.

THANK YOU VERY MUCH, MR. SPEAKER. IT IS -- IT IS

REALLY, REALLY APPRECIATING. THANK YOU VERY MUCH FOR ALL YOU

WONDERFUL PEOPLE AND THE LEGISLATORS, ALL THE DISTINGUISHED GUESTS.

MAY GOD BLESS ALL OF YOU. MAY GOD BLESS THIS WONDROUS LAND OF

AMERICA. MAY GOD GUIDE US AND BE WITH US AND HELP US IN EVERY STEP

WE TAKE, IN EVERY DECISION WE MAKE IN LIFE. THANK YOU LEGISLATORS.

GOD BLESS HUMANITY. GOD BLESS THE PLANET. THANK YOU VERY MUCH.

(APPLAUSE)

ACTING SPEAKER AUBRY: VISITORS ARE INVITED

TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, MARCH 26TH.

NYS ASSEMBLY MARCH 27, 2019

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY,

MARCH 26TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. TO MY COLLEAGUES, OUR GUESTS IN THE AUDIENCE, STAFF AND

INTERNS, TODAY'S QUOTE IS FROM AN AMERICAN SCHOLAR AND EDUCATOR, A

STATESWOMAN, A CIVIL RIGHTS ACTIVIST. HER NAME IS MARY MCLEOD

BETHUNE. SHE ACTUALLY STARTED A HIGH SCHOOL FOR GIRLS THAT ENDED UP

BEING A COLLEGE. AND HER QUOTE FOR US TODAY, MR. SPEAKER, IS, "THAT WE

HAVE A POWERFUL POTENTIAL IN OUR YOUTH, AND WE MUST HAVE THE COURAGE

TO CHANGE OLD IDEAS AND PRACTICES SO THAT WE MIGHT DIRECT THEIR POWER

TOWARDS GOOD ENDS." AGAIN, MR. SPEAKER, MARY MCLEOD BETHUNE.

WITH THAT, MR. SPEAKER, I WOULD MAKE NOTE THAT

MEMBERS DO HAVE ON THEIR DESKS AN A-CALENDAR. AFTER THERE ARE

INTRODUCTIONS AND ANY OTHER HOUSEKEEPING THAT YOU MAY HAVE, WE WILL

CONTINUE OUR CONSENT WITH CALENDAR NO. 154, IT'S ON PAGE 14. AND WE

ALSO WILL BE WORKING OFF OUR MAIN CALENDAR ON DEBATE. WE MAY HAVE

A NEED FOR A CONFERENCE LATER, AND WE WILL CHECK WITH OUR COLLEAGUES

TO SEE IF THEY MAY HAVE A NEED FOR A CONFERENCE, AS WELL.

SO WITH THAT, MR. SPEAKER, AS A GENERAL OUTLINE, IF

THERE ARE ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE SHOULD TAKE THEM

NYS ASSEMBLY MARCH 27, 2019

UP AT THIS TIME.

ACTING SPEAKER AUBRY: CERTAINLY.

FOR THE PURPOSES OF A [SIC] INTRODUCTION, MS. REYES.

MS. REYES: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME THE OPPORTUNITY TO WELCOME AND INTRODUCE NEIGHBORS AND FRIENDS

FROM THE BANGLADESHI COMMUNITY, IN RECOGNITION OF BANGLADESHI

INDEPENDENCE DAY. I'D LIKE TO THANK IMAM MOHAMMAD ANSARUL

KARIM FOR PERFORMING TODAY'S INVOCATION. HE IS A CLERGY FROM QUEENS.

SO, ON BEHALF OF MEMBERS CRESPO, FERNANDEZ, PICHARDO, DINOWITZ,

HYNDMAN, WEPRIN, CRUZ AND BARNWELL, WE WOULD LIKE TO WELCOME THIS

FLOURISHING BANGLADESHI COMMUNITY.

THE STORY OF BANGLADESHI'S INDEPENDENCE IS ILLUSTRATED

IN ITS FLAG, DEPICTED BY A RED CIRCLE OVER A GREEN BACKGROUND. THE

GREEN REPRESENTS ITS GREEN FIELDS, THE RED REPRESENTS THE SUN RISING OVER

THE EMERGING COUNTRY. IN ITS FLAG WE SEE THE HOPE AND ASPIRATION OF ITS

PEOPLE. THE 87TH DISTRICT IS EXTREMELY FORTUNATE TO BE HOME TO THE

SECOND-LARGEST POPULATION OF BANGLADESHI-AMERICANS IN NEW YORK

STATE. WE ARE ENHANCED BY THEIR CONTRIBUTIONS TO SOCIETY THROUGH

LIVELY CUSTOMS, CULTURAL AND RELIGIOUS OBSERVANCES. WE ARE ENRICHED

BY THEIR BOOST TO OUR LOCAL ECONOMIES THROUGH FLOURISHING BUSINESSES

AND HARD WORK. THE BANGLA PEOPLE HAVE PERSONIFIED EXCELLENCE AND

ACHIEVEMENT OF THE AMERICAN DREAM. THANK YOU FOR ALL YOU'VE DONE

FOR THE GREAT STATE OF NEW YORK. I SINCERELY WISH YOU ALL A VERY HAPPY

BANGLADESHI INDEPENDENCE DAY. THANK YOU.

(APPLAUSE)

NYS ASSEMBLY MARCH 27, 2019

ACTING SPEAKER AUBRY: ON BEHALF OF MS.

REYES, MR. PICHARDO, MR. CRESPO, MS. HYNDMAN, MS. FERNANDEZ, MR.

WEPRIN, MR. BARNWELL, MR. DINOWITZ AND MS. CRUZ, WE WELCOME YOU

HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR. THANK YOU SO VERY MUCH FOR SHARING THIS DAY WITH US. WE

HOPE THAT YOU WILL ENJOY ALBANY, ENJOY THIS OPPORTUNITY TO BE WITH US

IN THE PEOPLE'S HOUSE AND CONTINUE TO PROSPER AND GROW AND MAKE OUR

STATE A BETTER PLACE. THANK YOU SO VERY MUCH.

(APPLAUSE)

AND TO THE IMAM, THANK YOU FOR COMING AND OFFERING

PRAYER. WE APPRECIATE THAT. HOPEFULLY YOU WILL JOIN US AGAIN SOME

TIME. AS-SALAMU ALAIKUM.

MS. CRUZ FOR AN INTRODUCTION.

MS. CRUZ: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO MAKE AN INTRODUCTION. I WANT TO WELCOME SOME OF MY MOST

HARDWORKING CONSTITUENTS FROM THE NEW IMMIGRANT COMMUNITY

EMPOWERMENT, OTHERWISE KNOWN AS NICE, AND THEIR EXECUTIVE

DIRECTOR MANNY CASTRO. NICE HAS WORKED WITH CONSTRUCTION WORKERS

WITH AND WITHOUT STATUS IN JACKSON HEIGHTS FOR MANY YEARS. THEY HAVE

PROVIDED A PLACE WHERE FOLKS CAN GO AND FIND WORK, CAN GET AN

EDUCATION ABOUT THEIR WORKERS' RIGHTS, AND HAVE DONE INCREDIBLE

ADVOCACY TO MAKE SURE THAT WE UNDERSTAND THAT WORKERS' RIGHTS ARE A

PRIORITY AND THEY HAVE NOTHING TO DO WITH IMMIGRATION STATUS, BUT

SIMPLY WITH THE FACT THAT THEY ARE WORKING HARD AND DESERVE TO BE PAID

AND DESERVE TO BE SAFE.

NYS ASSEMBLY MARCH 27, 2019

I WANT TO ALSO WELCOME YOU IN A LITTLE BIT OF SPANISH.

(SPEAKING SPANISH)

(APPLAUSE)

YOU WILL SEE -- YOU WILL SEE SOME OF THEM WALKING

AROUND TODAY WITH A FLOWER, AND THEY MIGHT WANT TO GIVE YOU THAT

FLOWER. IT IS A SYMBOL AND A REMEMBRANCE OF ALL THEIR BROTHERS AND

SISTERS WHO HAVE DIED IN CONSTRUCTION SITES. THEY'RE HERE TO ADVOCATE

FOR WORKERS' RIGHTS AND I HOPE THAT WE CAN WELCOME THEM AND I ASK

THAT WE EXTEND THE PRIVILEGES OF THE FLOOR, MR. SPEAKER, AND THAT WE

WELCOME THEM TO THE PEOPLE'S HOUSE. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. CRUZ, 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 COMING TODAY AND SHARING YOUR STORIES WITH US

HERE IN ALBANY. WE PRIZE AND ARE ALWAYS HAPPY TO HAVE YOUR KIND OF

ENERGY AND EFFORT HERE IN OUR CAPITOL. THANK YOU SO VERY MUCH.

CONTINUE THE GREAT WORK YOU DO IN QUEENS.

(APPLAUSE)

FOR THE PURPOSES OF A [SIC] INTRODUCTION, MRS.

GUNTHER.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN

GO TO PAGE 3, RESOLUTIONS.

ACTING SPEAKER AUBRY: PAGE 3, RESOLUTIONS,

THE CLERK WILL READ.

NYS ASSEMBLY MARCH 27, 2019

THE CLERK: ASSEMBLY RESOLUTION NO. 220, MS.

SOLAGES. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM APRIL 2019, AS CESAREAN 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. 221, MR.

DESTEFANO. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW

M. CUOMO TO PROCLAIM APRIL 2019, AS BULLYING PREVENTION 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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN

MOVE TO PAGE 14, WE'RE GOING TO START OUR WORK TODAY WITH CALENDAR

NO. 154 BY MS. PAULIN.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03486, CALENDAR NO.

154, PAULIN, GALEF, ABINANTI. AN ACT TO AMEND THE CIVIL PRACTICE LAW

AND RULES, IN RELATION TO THE LICENSING BOARD IN THE COUNTY OF

WESTCHESTER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY MARCH 27, 2019

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

MEMBERS. IF YOU ARE IN YOUR SEATS, PLEASE VOTE NOW. IF YOU ARE IN THE

SOUND OF OUR VOICE, PLEASE COME TO THE CHAMBER AND CAST YOUR VOTE.

THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER, FOR ALLOWING ME TO INTERRUPT THE PROCEEDINGS TO INTRODUCE A

DISTINGUISHED GROUP OF GUESTS. JOINING US TODAY ON THE FLOOR OF THE

ASSEMBLY IS THE COOPERSTOWN BOYS VARSITY BASKETBALL TEAM, WHO

WAS SUCCESSFUL IN BECOMING THE STATEWIDE CLASS C CHAMPIONS THIS

YEAR. THEIR SEASON WAS OBVIOUSLY VERY SUCCESSFUL. THE SEMI-FINAL

GAME WAS A REAL CLIFFHANGER, BECAUSE THEY WENT INTO TRIPLE OVERTIME

BEFORE THEY FINALLY WON. THEY HAD SOME GREAT OPPOSITION. THEY

DEFEATED GREENPORT HIGH SCHOOL, ANOTHER GREAT TEAM. THEY THEN WENT

ON TO CLAIM THE CHAMPIONSHIP TITLE, DEFEATING MIDDLE EARLY COLLEGE BY

A SCORE OF 71-61 AND, THUS, BECAME THE FIRST-EVER STATE TITLE FOR THE

COOPERSTOWN BOYS BASKETBALL PROGRAM. AND, AS YOU KNOW,

COOPERSTOWN IS HOME OF THE BASEBALL HALL OF FAME. THEY ARE NOW

GOING TO HAVE TO ADD A NEW EXHIBIT FOR THIS GREAT BASKETBALL TEAM.

NYS ASSEMBLY MARCH 27, 2019

ON THE TEAM THIS YEAR WAS RYAN BURNS, JESSE FURNARI,

JOHN KENNEDY, JACK LAMBERT, RYAN LANSING, SPENCER LEWIS, NOAH

LIFGREN, KYLE MEYER, CALVIN SANDLER, KYLE SANTELLO, BEN TAFURO AND

THEIR COACHES WERE JOHN LAMBERT, MATT HULBERT, AND THEIR ASSISTANT

ATHLETIC DIRECTOR -- I'M SORRY, THE ATHLETIC DIRECTOR IS DAVE BERTRAM.

SO, IF YOU WOULD, SIR, ON BEHALF OF ASSEMBLYMAN

SALKA AND ASSEMBLYMAN MILLER, TWO OF THEIR BEST ASSEMBLYMEN, IF

YOU WOULD WELCOME THIS DISTINGUISHED GROUP OF YOUNG GENTLEMEN TO

OUR CHAMBERS.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. SALKA, MR. BRIAN MILLER, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THIS EXTRAORDINARY TEAM HERE TO THE NEW YORK STATE

ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE

CONGRATULATE YOU ON THE SUCCESS THAT YOU HAD THIS YEAR. CERTAINLY

COOPERSTOWN IS NO SECRET TO ALL OF US. WE'RE NOW HAPPY TO KNOW THAT

IT IS A PLACE WHERE BASKETBALL THRIVES. PLEASE CONTINUE THAT GREAT WORK.

HOPE TO SEE YOU AGAIN. HOPE THAT AS YOU PROCEED MAYBE ON TO COLLEGE

THAT YOU GET A CHANCE TO PLAY. AND FOR THE TALL GENTLEMAN IN THE BACK,

WE JUST LOST OUR CENTER LAST NIGHT TO A KNEE INJURY.

(LAUGHTER)

WE HAVE A GAME SOME TIME IN MAY; WE MIGHT WANT TO

DRAFT YOU. THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03635, CALENDAR NO.

NYS ASSEMBLY MARCH 27, 2019

155, SCHIMMINGER, LUPARDO, STIRPE. AN ACT TO AMEND THE TAX LAW

AND THE ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO MEAD.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

SCHIMMINGER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU FOR ALLOWING

ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSES OF AN INTRODUCTION.

OUR COLLEAGUE, DONNA LUPARDO, HAS SOME FOLKS IN THE REAR OF THE

CHAMBERS, ANDRE MATHIS AND NINE STUDENTS FROM THE UNION-ENDICOTT

HIGH SCHOOL WHERE THEY DO SOMETHING CALLED THE MOCK SENATE AFTER

SCHOOL CLUB. WE'D LIKE TO SEE THEM RENAME THAT TO THE MOCK

ASSEMBLY AFTER SCHOOL CLUB, BUT RIGHT NOW TODAY IT'S STILL THE SENATE.

THEY ARE DEBATING BILLS BEFORE THE MOCK SENATE AS A PART OF THEIR

CURRICULUM. WOULD YOU PLEASE WELCOME THESE YOUNG DEBATERS TO THE

CHAMBERS ON BEHALF OF MEMBER LUPARDO.

ACTING SPEAKER AUBRY: ON BEHALF OF

NYS ASSEMBLY MARCH 27, 2019

ASSEMBLYMEMBER LUPARDO, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY AND EXTEND TO YOU

THE PRIVILEGES OF THE FLOOR. YOU ARE IN THE PEOPLE'S HOUSE. YOU ARE

ALWAYS WELCOME HERE AND WE APPLAUD YOU ON YOUR PREPARATION FOR

PUBLIC CAREER. I SUSPECT THAT'S IN SOMEBODY'S MIND THERE. HOPEFULLY

YOU WILL BE SUCCESSFUL. HOPEFULLY WE'LL SEE YOU AGAIN SHORTLY. THANK

YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, FOR ANOTHER

INTRODUCTION. OUR COLLEAGUE, KARINES REYES, HAS HER TWO HANDSOME

YOUNG SONS WITH HER TODAY. ALEXANDER IS 12. HE'S IN THE SEVENTH

GRADE, AND HE ACTUALLY CAN SING. AND SEBASTIAN IS EIGHT. HE'S IN THE

THIRD GRADE. HE'S A MATHEMATICIAN. SO WOULD YOU PLEASE WELCOME

COLLEAGUE REYES' SONS TO OUR CHAMBERS.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF YOUR MOM, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU,

GENTLEMEN, HERE TO THE NEW YORK STATE ASSEMBLY. YOU ARE FAMILY, SO

YOU ARE ALWAYS EXTENDED THE PRIVILEGES OF THE FLOOR. WE HOPE THAT YOU

WILL COME AND VISIT US AGAIN AS OFTEN AS YOU CAN AS SCHOOL ALLOWS.

THANK YOU FOR BEING HERE. PLEASE KNOW THAT YOU'RE ALWAYS WELCOME,

AND YOU MAKE YOUR MOTHER VERY PROUD.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: ON DEBATE, MR. SPEAKER,

NYS ASSEMBLY MARCH 27, 2019

COULD WE CALL UP CALENDAR NO. 151 BY MR. DINOWITZ, FOLLOWED BY

CALENDAR NO. 125, MS. NIOU.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02653-A, CALENDAR

NO. 151, DINOWITZ, WEPRIN, GOTTFRIED, ARROYO, JOYNER, REYES, SAYEGH,

GALEF, EPSTEIN, D'URSO, STECK, COOK, GLICK. AN ACT TO AMEND THE

GENERAL OBLIGATIONS LAW, IN RELATION TO REQUIREMENTS FOR THE USE OF

PLAIN LANGUAGE IN CONSUMER TRANSACTIONS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DINOWITZ.

MR. DINOWITZ: THIS BILL INCREASES THE

APPLICABILITY OF THE PLAIN LANGUAGE LAW TO CONSUMER CONTRACTS

INVOLVING AMOUNTS UP TO $250,000.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

DINOWITZ?

MR. DINOWITZ: I WILL.

ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS.

MR. RA: SO AS YOU SAID IN THE EXPLANATION, IT'S FAIRLY

STRAIGHTFORWARD WHAT THIS BILL DOES, BUT MANY OF OUR COLLEAGUES MIGHT

RECALL THAT WE JUST LAST YEAR INCREASED THIS AMOUNT TO $100,000 IN TERMS

OF THE APPLICABILITY WHICH HAD REMAINED, I BELIEVE, FLAT AT $50,000

SINCE THE INITIAL INCEPTION OF THIS LAW, CORRECT?

NYS ASSEMBLY MARCH 27, 2019

MR. DINOWITZ: CORRECT.

MR. RA: SO SINCE WE JUST UPPED THE AMOUNT AND

OBVIOUSLY WE DEAL WITH THIS IN SO MANY DIFFERENT AREAS THAT, YOU KNOW,

TO KEEP TRUE TO THE INTENTION OF -- OF A LAW, WE HAVE TO OVER TIME

INCREASE AMOUNTS, BECAUSE OBVIOUSLY IT WAS $50,000 IN THE '70S, AND

THE TYPES OF TRANSACTIONS THAT THAT WAS COVERING WAS NO LONGER GETTING

THE JOB DONE, YOU KNOW, IN THE 2000S, BUT WHAT IS THE REASON NOW FOR

GOING TO $250,000?

MR. DINOWITZ: WELL, A FEW REASONS. THE AMOUNT

WE DID LAST YEAR, WHILE AN IMPROVEMENT, REALLY DIDN'T KEEP UP WITH

INFLATION. AND THE ONLY REASON WE DID $100,000 LAST YEAR WAS BECAUSE

WE HAD TO COMPROMISE BECAUSE OF THE SENATE. WELL, WE HAVE A MUCH

MORE CONSUMER-FRIENDLY SENATE NOW AND, THEREFORE, WE CAN -- WE'RE IN

A POSITION TO DO THE AMOUNT THAT WE ORIGINALLY WANTED TO DO. AND IF

YOU THINK ABOUT IT, 1977 I THINK WAS WHEN THE ORIGINAL BILL -- LAW CAME

INTO EFFECT. THINK ABOUT PRICES BACK THEN. THINK ABOUT THE PRICE OF A

SUBWAY TOKEN OR A SLICE OF PIZZA. THINGS HAVE GONE UP FIVE-FOLD. SO,

LET'S SEE, $50,000 TIMES FIVE, $250,000. SO, IT MAKES PERFECT SENSE TO

HAVE THAT LEVEL. AND THAT'S THE LEVEL WE WOULD'VE LIKED TO HAVE DONE

LAST YEAR, BUT THIS YEAR THINGS ARE DIFFERENT DOWN THE HALL SO I BELIEVE

WE'RE IN A BETTER POSITION TO DO THAT. AND, OF COURSE, THAT WILL BE VERY

GOOD FOR CONSUMERS IN ALL OF OUR DISTRICTS.

MR. RA: SO WITH THE $250,000 THRESHOLD, I KNOW

THAT THERE ARE SEVERAL STATES WHO HAVE -- AFTER NEW YORK DID THIS, THAT

-- THAT DID THEIR OWN STATUTES AND IN DOING A LITTLE BIT OF RESEARCH, I SEE

NYS ASSEMBLY MARCH 27, 2019

SOME OF THEM DO HAVE THRESHOLDS IN TERMS OF THE AMOUNT OF THE

CONTRACT THAT THAT WOULD BE APPLICABLE, SOME -- SOME DO NOT. IS THERE

-- DO WE THINK THAT THIS IS GOING TO COVER THE VAST MAJORITY OF CONSUMER

CONTRACTS, OR ARE WE GOING TO BE, AT SOME POINT, LOOKING TO NOT HAVE,

SAY, A NUMBER AT ALL?

MR. DINOWITZ: WELL, IT WILL CERTAINLY COVER A

SIGNIFICANT NUMBER, CERTAINLY THE -- THE CONTRACTS THAT MOST OF OUR

CONSTITUENTS GENERALLY DEAL WITH. SO, I THINK THIS WILL BE A BIG

IMPROVEMENT FOR CONSUMERS, AND I'M GLAD NEW YORK WOULD HOPEFULLY

BE THE STATE TO DO THIS SO THAT WE'RE, AGAIN, ON THE CUTTING EDGE OF

FIGHTING FOR THE CONSTITUENTS THAT YOU AND I REPRESENT.

MR. RA: OKAY. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU. SEEM TO BE IN A

UNIQUE SITUATION HERE, SO I THOUGHT I'D EXPLAINED WHY I MIGHT BE VOTING

THE WAY I AM. WHEN YOU'RE GETTING INTO THE CONTRACTS OF $250,000 AND

YOU IMPOSE A LANGUAGE REQUIREMENT, WHAT THAT DOES IS IT FORCES THE

ATTORNEYS AND EVERYONE ELSE THAT DEALS WITH THAT TO TAKE WELL-DEFINED

LEGAL TERMS AND REDEFINE THEM INTO PLAIN LANGUAGE. AND WHEN IT DOES,

NYS ASSEMBLY MARCH 27, 2019

IT CREATES AMBIGUITY BECAUSE WELL-DEFINED LEGAL TERMS THAT WOULD

OTHERWISE APPLY ARE NOW REPLACED WITH OTHER WORDS AND PHRASES THAT

ARE NOT WELL-DEFINED AND WHERE THERE IS NO CASE LAW.

IF A CONSUMER IS ENGAGING IN A TRANSACTION THAT

INVOLVES A QUARTER MILLION DOLLARS, THEY OUGHT TO BE VERY CAREFUL AND

THEY OUGHT TO MAKE SURE THEY UNDERSTAND THE CONTRACT, AND THEY OUGHT

TO SEEK COUNSEL IF THEY'RE ENGAGING IN A QUARTER MILLION DOLLAR

TRANSACTION. AND SO, I WOULD RECOMMEND THAT WE KEEP OUR CONTRACT

LANGUAGE THRESHOLD AT $100,000, MAKE SURE OUR CONTRACTS THAT ARE IN A

HIGHER AMOUNT ARE WELL-UNDERSTOOD BY EVERYONE ELSE AND THAT

CONSUMERS SEEK APPROPRIATE GUIDANCE WHEN NEEDED. 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.

PAGE 11, CALENDAR NO. 125, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00711, CALENDAR NO.

125, NIOU, WRIGHT, BARRON, KIM, DINOWITZ, EPSTEIN, SIMON, FRONTUS,

RICHARDSON, D'URSO, FALL, SAYEGH, WEPRIN, D. ROSENTHAL, BLAKE,

REYES, SOLAGES. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN

RELATION TO REQUIRING DEBT COLLECTORS TO INFORM DEBTORS THAT WRITTEN

COMMUNICATIONS ARE AVAILABLE IN LARGE PRINT FORMAT.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. NIOU.

NYS ASSEMBLY MARCH 27, 2019

MS. NIOU: I BELIEVE THAT THIS IS A GOOD LITTLE BILL ALL

AROUND. IT IS THOUGHTFUL AND CONSIDERATE. IT JUST MAKES SURE THAT FOLKS

WHO NEED TO CAN OPT-IN TO HAVING LARGER PRINT WHEN -- WHEN DEBT

COLLECTORS ARE TRYING TO COLLECT ON THEM. THAT'S ALL. THANK YOU.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. NIOU, WILL YOU

YIELD?

MS. NIOU: HAPPILY, SIR.

ACTING SPEAKER AUBRY: SHE HAPPILY YIELDS.

MR. GOODELL: THANK YOU, MS. NIOU, AND IF IT'S

OKAY, I WANTED TO ASK A FEW QUESTIONS ABOUT THAT THOUGHTFUL, WONDERFUL

BILL THAT YOU'RE PROPOSING.

MS. NIOU: SURE.

MR. GOODELL: THIS BILL, AS I UNDERSTAND IT, WOULD

HAVE A NOTICE ON THE LETTER FROM A DEBT COLLECTOR TO A DEBTOR THAT SAYS

YOU MAY REQUEST LARGE PRINT DOCUMENTS FROM THERE ON OUT, CORRECT?

MS. NIOU: TRUE.

MR. GOODELL: AND HOW LARGE IS THE LARGE PRINT?

MS. NIOU: SIXTEEN FONT.

MR. GOODELL: SIXTEEN FONT. AND IS THE NOTICE IN

THE FIRST LETTER THAT YOU ARE ALLOWED TO ASK FOR LARGE PRINT, IS THAT NOTICE

ITSELF IN 16-FONT UNDER THIS BILL?

MS. NIOU: IT CAN BE IF THEY WANT IT TO BE, YES.

NYS ASSEMBLY MARCH 27, 2019

MR. GOODELL: BUT THIS BILL DOESN'T REQUIRE THAT.

MS. NIOU: IT DOESN'T REQUIRE THAT.

MR. GOODELL: SO WE'RE ASSUMING THAT IF

SOMEBODY CAN READ THE FIRST NOTICE, WHY WOULDN'T THEY BE ABLE TO READ

SUBSEQUENT NOTICES THAT ARE IN THE SAME FONT?

MS. NIOU: IT COULD BE BECAUSE, LIKE, SOMEBODY LIKE

ME OR YOU HELPED THEM TO READ IT IN THEIR CONSTITUENT OFFICE.

MR. GOODELL: BUT MOST PEOPLE ARE A LITTLE BIT, YOU

KNOW, HARD OF -- CAN'T SEE WELL, MOST OF THEM, DON'T THEY HAVE READING

GLASSES OR OTHER MEANS OF READING?

MS. NIOU: NOT ALL THE TIME. I THINK THEY ALSO, YOU

KNOW, I THINK THAT HAVING THAT OPTION THERE IS REALLY HELPFUL FOR FOLKS.

MR. GOODELL: SO IF AN INDIVIDUAL TOOK ADVANTAGE

OF THIS AND WROTE BACK AND SAID, PLEASE SEND ALL FUTURE CORRESPONDENCE

IN 16-POINT FONT, WOULD THAT THEN APPLY TO ANY LEGAL PROCEEDINGS, AS

WELL, COLLECTION PROCEEDINGS?

MS. NIOU: IT DOESN'T REQUIRE IT, BUT, YES, IT WOULD BE

PROBABLY.

MR. GOODELL: I'M SORRY?

MS. NIOU: IT DOESN'T REQUIRE IT, BUT, YES, IT WOULD BE

PROBABLY.

MR. GOODELL: WELL, DOESN'T IT APPLY TO ALL

SUBSEQUENT COMMUNICATIONS FROM THE DEBTOR -- TO THE DEBTOR?

MS. NIOU: FROM THE DEBTOR, YES.

MR. GOODELL: SO, ALL SUBSEQUENT

NYS ASSEMBLY MARCH 27, 2019

COMMUNICATIONS FROM THE DEBT COLLECTOR WOULD HAVE TO BE IN 16-POINT

PRINT UNDER THIS LAW.

MS. NIOU: YES.

MR. GOODELL: AND SO, IF THE DEBT COLLECTOR THEN

BEGINS A LEGAL PROCEEDINGS WITH A SUMMONS AND COMPLAINT, THE

SUMMONS AND COMPLAINT WOULD HAVE TO BE 16-POINT PRESUMABLY?

MS. NIOU: YES.

MR. GOODELL: AND IF THEY MAKE A MOTION FOR

SUMMARY JUDGMENT, THAT WOULD ALSO HAVE TO BE IN 16-POINT.

MS. NIOU: YES.

MR. GOODELL: AND IF THERE WERE ANY LEGAL FILINGS,

LEGAL MEMORANDUMS, THINGS OF THAT, THAT WOULD BE IN 16-POINT.

MS. NIOU: YES.

MR. GOODELL: NOW, ARE YOU AWARE THAT MANY OF

THE COURTS RESTRICT THE SIZE OF THE FONT AND THE NUMBER OF PAGES ON COURT

PROCEEDINGS?

MS. NIOU: SORRY, WHAT?

MR. GOODELL: A NUMBER OF THE COURTS HAVE VERY

SPECIFIC RULES ON WHAT SIZE FONT AND HOW MANY PAGES CAN BE IN A LEGAL

PROCEEDING. SO, IS A DEBT COLLECTOR WHO FILES A SUMMONS AND

COMPLAINT AT 16-POINT NOW FACING DISCIPLINARY PROCEEDINGS BECAUSE

THEY VIOLATE THE COURT RULES?

MS. NIOU: NO, I DON'T THINK SO.

MR. GOODELL: SO YOU THINK THIS WOULD PREEMPT

THE COURT RULES?

NYS ASSEMBLY MARCH 27, 2019

MS. NIOU: IT DOES NOT PREEMPT THE COURT RULES.

MR. GOODELL: SOME COURTS, PARTICULARLY THE

APPELLATE COURTS, HAVE A LIMIT ON THE NUMBER OF PAGES IN A BRIEF, SO

OBVIOUSLY IF YOU GO FROM A 12-POINT STANDARD TYPE SIZE TO 16-POINT, DO

YOU KNOW, BEING FORCED TO REDUCE THE SIZE, YOU KNOW, YOU CAN'T

OBVIOUSLY SAY AS MUCH IF YOU'RE USING LARGE PRINT-TYPE.

MS. NIOU: THAT -- THAT'S NOT THE INTENTION OF THE BILL,

SO...

MR. GOODELL: NOW, OF COURSE, MOST CONSUMER

DEBT RELATES TO CREDIT CARDS, UNPAID CREDIT CARD BILLS. DOES THIS BILL

REQUIRE THE APPLICATION FOR THE CREDIT CARD OR THE TERMS AND CONDITIONS

OF THE CREDIT CARD BE ANY MINIMUM FONT SIZE?

MS. NIOU: IT'S ONLY FROM DEBT COLLECTORS IF THEY'RE

COLLECTING A DEBT TO BE ABLE TO ACTUALLY GET THE -- TO BE ABLE TO ACTUALLY

COLLECT FROM FOLKS, IT'S LIKE FOR THE REQUEST OF A DEBT COLLECTION THAT THEIR

FONT HAS TO BE IN LARGE PRINT IF ASKED.

MR. GOODELL: NOW AS YOU KNOW, THIS BILL WOULD

IMPOSE A CIVIL PENALTY ON DEBT COLLECTORS IF THEY DIDN'T COMPLY. A LOT

OF DEBT COLLECTORS USE COMPUTER SOFTWARE TO GENERATE A LOT OF THE

CORRESPONDENCE, INCLUDING FOLLOW-UP CORRESPONDENCE. SO, IF A DEBT

COLLECTOR SENT OUT A MASS MAILING OF 1,000 LETTERS, WOULD THEY THEN BE

FACING A $250,000 FINE, $250 FOR EACH LETTER?

MS. NIOU: COULD YOU REPEAT THE QUESTION?

MR. GOODELL: CERTAINLY. THIS BILL IMPOSES AN

INITIAL FINE OF $250 FOR THE FIRST VIOLATION, $500 FOR EVERY OTHER

NYS ASSEMBLY MARCH 27, 2019

VIOLATION. IF A DEBT COLLECTOR SENT OUT A STANDARD, PREPRINTED LETTER

USING COMPUTER SOFTWARE, WHICH IS COMMON, AND LET'S SAY THEY SEND

OUT 1,000 LETTERS, WOULD THEY BE FACING A FINE OF JUST UNDER $500,000?

MS. NIOU: IF THE CONSUMER HAS ALREADY OPTED IN TO

BE ABLE TO GET THE 16-POINT FONT, THEN THEY NEED TO MAKE SURE THAT EVERY

SINGLE PERSON IS GETTING THAT. IT'S NOT GOING TO BE ALL OF THOSE

CONSUMERS, I'M GUESSING, BUT I'M SURE THAT THERE'S GOING TO BE ONE OR

TWO AND, YOU KNOW, THEY SHOULD BE GETTING ANY CONSEQUENT MAILINGS

FROM THE DEBT COLLECTORS SHOULD BE IN 16-POINT FONT.

MR. GOODELL: NOW THIS PROVIDES THAT THE FIRST

VIOLATION IS $250, THE SECOND VIOLATION IS $500. DOES THIS BILL PROVIDE

FOR ANY DATABASE TO TRACK THE NUMBER OF VIOLATIONS THAT MIGHT OCCUR?

HOW WOULD YOU -- IN OTHER WORDS, HOW WOULD A PERSON KNOW THAT IT'S A

SECOND VIOLATION?

MS. NIOU: NO, IT WOULD BE AG ENFORCEMENT.

MR. GOODELL: OKAY. AS YOU KNOW, ALMOST EVERY

SINGLE CREDIT CARD APPLICATION, EVERY MORTGAGE APPLICATION, ALMOST

EVERY SINGLE CONSUMER CONTRACT HAS A PROVISION IN IT THAT PROVIDES THAT

THE COST OF DEBT COLLECTION IS TO BE BORNE BY THE PERSON WHO IS APPLYING

FOR THE CREDIT CARD. AND SO, THEY ALWAYS SAY, YOU KNOW, IF WE HAVE TO

BRING AN ACTION TO SUE TO COLLECT A DEBT, YOU HAVE TO PAY THE COST OF

COLLECTION; A VERY STANDARD FORM. OBVIOUSLY, IF DEBT COLLECTORS HAVE TO

COMPLY WITH THIS, IT'S GOING TO INCUR -- THEY ARE GOING TO INCUR

ADDITIONAL COST. HOW MUCH ADDITIONAL COST DO YOU ENVISION THAT

CONSUMER DEBTORS WILL INCUR AS A RESULT OF THAT CHARGE-BACK PROVISION?

NYS ASSEMBLY MARCH 27, 2019

MS. NIOU: NONE; MINIMAL, IF ANY.

MR. GOODELL: BUT I MEAN, EACH -- OR EACH PERSON

THAT ASKS IT, NOW THE -- NOW THE DEBT COLLECTOR IS GOING TO HAVE TO GO

THROUGH SPECIAL PROCEDURES. THEY'RE GOING TO HAVE TO REWRITE THE

DOCUMENTS, THEY HAVE TO REPRINT THEM, THEY WON'T BE ABLE TO USE ANY

STANDARD SIZE DOCUMENTS. THEY'RE NOW GOING TO BE LONGER PAGES,

WHICH MEANS THE MAILING IS MORE EXPENSIVE. AND ALL THOSE COSTS

UNDER STANDARD CONSUMER CONTRACT, PARTICULARLY CREDIT CARD, ARE CHARGED

BACK TO THE CREDITOR -- I MEAN, CHARGED BACK TO THE PERSON WHO OWES

THE MONEY, THAT'S -- THAT'S THE WAY THOSE CONTRACTS ARE DRAFTED. SO MY

QUESTION IS, HOW MUCH MORE IS THIS GOING TO COST THE CONSUMER IN

ORDER TO HAVE MANUALLY PRODUCED LARGE PRINT-TYPE THAT NOW RUNS MANY

PAGES LONG RATHER THAN STANDARD LETTER?

MS. NIOU: IT'S A PRETTY SIMPLE PROCESS TO CHANGE THE

FONT ON ANY DOCUMENT. I DON'T THINK THAT IT'S GOING TO BE VERY ONEROUS

ON ANYBODY AND I THINK THAT -- I MEAN, MORE PEOPLE WILL PROBABLY PAY

BACK DEBT IF THEY CAN SEE WHAT THEY'RE OWING.

MR. GOODELL: NOW, OF COURSE, AS WE INCREASE THE

COST OF DEBT COLLECTION AND MAKE IT HARDER FOR DEBT COLLECTION, CREDIT

CARD COMPANIES RESPOND BY RAISING THE APPLICATION FEES, THE ANNUAL

FEES AND THE INTEREST CHARGES, PARTICULARLY FOR LOWER-INCOME APPLICANTS.

BECAUSE THE CREDIT CARD COMPANY IS NOT GOING TO INCUR THE ADDITIONAL

EXPENSE, THEY PASS IT ON. SO THE WEALTHY WHO GET, YOU KNOW, THE

PLATINUM CARDS, THEY DON'T PAY ANY ANNUAL FEE, THEY HAVE LOW INTEREST

RATE; THAT'S GREAT, BUT THE WORKING POOR OR THE LOWER-INCOME

NYS ASSEMBLY MARCH 27, 2019

INDIVIDUALS, EVERY TIME WE MAKE IT HARDER TO COLLECT DEBT, THAT

ADDITIONAL COST GOES RIGHT BACK ON THEM. ISN'T THIS A BILL THAT WILL

ACTUALLY MAKE IT MORE DIFFICULT FOR LOWER CREDIT INDIVIDUALS TO GET

AFFORDABLE CREDIT?

MS. NIOU: NO, I DON'T BELIEVE SO. I THINK THAT IT'LL

MAKE IT EASIER FOR THEM TO BE ABLE TO SEE IF THEY ARE ALSO HARD OF SEEING.

SO, I THINK THAT, YOU KNOW, I MEAN, I ALSO HAVE A COUPLE OF BILLS

ELIMINATING FEES FOR CERTAIN LOW-INCOME FOLKS, REGULATING BANK FEES, SO

I WOULD LOVE IF YOU WOULD JOIN ME ON THOSE BILLS, AS WELL.

MR. GOODELL: WELL, I THINK WHAT YOU WILL FIND IS

IF YOU ELIMINATE THE FEES THAT ARE CHARGED FOR CREDIT APPLICATIONS, BANKS

SIMPLY WON'T PROCESS THEM. BUT, THAT'S A DISCUSSION PERHAPS FOR

ANOTHER DAY. AGAIN, THANK YOU VERY MUCH, MS. NIOU.

MS. NIOU: DID YOU WANT ME TO ANSWER, OR...

MR. GOODELL: I DIDN'T THINK THERE WAS A QUESTION

THERE, BUT...

MS. NIOU: OKAY. I WAS JUST GOING TO SAY THAT CON

ED AND OTHER -- OTHER UTILITY BILLS ALREADY DO THIS, AND SO THERE IS A

MODEL.

MR. GOODELL: GOTCHA. THANK YOU, MS. NIOU. I

APPRECIATE IT.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: CERTAINLY APPRECIATE MY

NYS ASSEMBLY MARCH 27, 2019

COLLEAGUE'S DESIRE TO MAKE LIFE EASIER FOR INDIVIDUALS WHO HAVE TROUBLE

SEEING, BUT UNFORTUNATELY THERE ARE SOMETIMES UNINTENDED

CONSEQUENCES OF -- OF THAT EFFORT. RIGHT NOW, IF A PERSON IS HARD OF

SEEING - I GUESS THAT'S THE BEST WAY TO DESCRIBE IT - MOST OF THEM

ALREADY MAKE ARRANGEMENTS TO -- TO BE ABLE TO SEE REASONABLY-SIZED

ROUTINE PRINT MATERIAL. AND MOST OF US -- I'M GETTING TO THAT AGE WHERE

-- I'M SORRY, MOST OF US WHO ARE MY AGE OR OLDER ARE GETTING TO THE AGE

WHERE WE GET READERS, WHICH ARE MAGNIFIERS, SO WE CAN READ THE

SMALLER PRINT. OF COURSE, IF YOU ARE ACTUALLY LEGALLY BLIND, THERE'S A

WHOLE HOST OF ADDITIONAL EQUIPMENT THAT'S AVAILABLE THAT WE, AS THE

STATE, HELP FUND.

SO, WE GET INITIAL NOTICE THAT'S IN 12-POINT PRINT AND

THIS BILL ANTICIPATES THAT THE RECIPIENT WILL BE ABLE TO READ THE INITIAL

NOTICE, AND I THINK THAT'S A GOOD ASSUMPTION. AND IT IS MUCH, MUCH

LESS EXPENSIVE OVERALL FOR AN INDIVIDUAL WHO IS HARD OF SEEING, IF YOU

WILL, OR HAS TROUBLE SEEING TO USE THEIR READERS THAN IT IS TO REQUIRE ALL

SUBSEQUENT COMMUNICATIONS TO BE IN 16-POINT PRINT. WE WANT TO KEEP

IN MIND, THE CREDIT CARD APPLICATION, THAT'S NOT IN 16-POINT PRINT. YOUR

MORTGAGE APPLICATION, YOUR MORTGAGE DOCUMENT, THAT'S NOT IN 16-POINT

PRINT. INCURRING THE DEBT IS NOT IN 16-POINT PRINT AND IT'S REASONABLE TO

EXPECT THAT THOSE PEOPLE WHO ARE ENGAGED IN THESE TRANSACTIONS CAN

READ OR HAVE THE MEANS TO BE ABLE TO READ NORMAL PRINT.

SO, THEN, WHAT'S THE PROBLEM? WELL, THE PROBLEM IS AS

SOON AS YOU START PRINTING DOCUMENTS IN 16-POINT PRINT, A ONE-PAGE

LETTER BECOMES A THREE-PAGE LETTER. A SUMMONS AND COMPLAINT, INSTEAD

NYS ASSEMBLY MARCH 27, 2019

OF BEING A FEW PAGES LONG, BECOMES QUITE LONG. IF YOU HAVE TO GO INTO

COURT, YOUR LEGAL PROCEEDINGS NOW VIOLATE COURT STANDARDS IN TERMS OF

PRINT SIZE, LENGTH AND OTHER RESTRICTIONS. SO, THERE'S A RAFT-LOAD OF

PROBLEMS. BUT, MORE IMPORTANTLY, IS ALL THE ADDITIONAL COSTS OF

PRODUCING CUSTOM-MADE DOCUMENTS AT 16-POINT PRINT. ALL THOSE COSTS

ARE BILLED BACK TO THE CONSUMER. ALL OF THEM, BECAUSE IT'S IN THEIR

CONTRACTS, IT'S IN YOUR STANDARD MORTGAGE CONTRACTS, IT'S IN YOUR STANDARD

CREDIT CARD CONTRACTS.

SO, THIS BILL, IN AN EFFORT TO HELP CERTAIN CONSUMERS,

RAISES THE COST FOR ALL. AND SO, WHILE I CERTAINLY AM SYMPATHETIC TO THE

CONCERNS OF THOSE WHO HAVE TROUBLE READING, OR SEEING, THIS BILL WOULD

RAISE COSTS TO ALL THE CONSUMERS AND DOES NOT ACCOMPLISH ITS OBJECTIVES.

THANK YOU SO MUCH, MR. SPEAKER AND, AGAIN, THANK

YOU TO MS. -- MS. NIOU FOR YOUR HELP.

ACTING SPEAKER AUBRY: MS. NIOU ON THE BILL.

MS. NIOU: THANK YOU, MR. SPEAKER. SO, JUST TO

CLARIFY FOR EVERYONE. THIS BILL IS REALLY ABOUT DEBT COLLECTION AND

MAKING SURE THAT FOLKS CAN READ WHEN THERE'S A DEBT COLLECTION LETTER

FROM THEM. WHEN YOU'RE TALKING ABOUT MORTGAGES, WHEN YOU'RE TALKING

ABOUT BIG LEGAL DOCUMENTS, WHEN YOU'RE TALKING ABOUT ALL THOSE THINGS,

YOU USUALLY HAVE A LAWYER PRESENT OR YOU HAVE SOMEBODY TO BE ABLE TO

HELP YOU. A SMALL DEBT COLLECTION LETTER FROM SOMEBODY IS -- IS -- IS

GOING TO BE COMING TO YOUR HOME AND IF YOU CAN'T SEE IT, THEN YOU

MIGHT NOT KNOW WHAT IT IS.

SO, I THINK THAT IT'S REALLY IMPORTANT THAT WE'RE ACTUALLY

NYS ASSEMBLY MARCH 27, 2019

DOING THIS. UTILITY BILLS ALREADY HAVE AN OPT-IN OPTION AND OTHER BILLING

FOR SMALL BILLING, LIKE PHONE COMPANIES, ET CETERA, ALREADY HAVE THAT

OPTION, AS WELL. SO, I THINK THAT THIS IS SOMETHING THAT IS REALLY A MODEL

AND SOMETHING THAT WE SHOULD BE DOING, AND IT'S A -- IT'S A

COMMONSENSE BILL. I THINK THAT ONE OF THE THINGS THAT I WANTED TO

CLARIFY IS THAT THIS IS -- THIS IS ONLY WHEN A DEBT COLLECTOR IS SENDING

SOMETHING TO SOMEBODY, IT'S NOT WHEN IT'S TALKING ABOUT, LIKE, LEGAL --

SUBSEQUENT LEGAL PROCEEDINGS, ET CETERA. SO, THOSE -- THOSE DOCUMENTS

ARE GOING TO STILL BE IN WHATEVER FONT THEY NEED TO BE IN FOR -- TO MAKE

SURE THAT THE COURTS CAN -- CAN HAVE THEM IN A CERTAIN NUMBER OF PAGES.

BUT I THINK THAT -- AND -- AND -- AND IT'S NOT

THREE-PAGES, IT'S NOT THAT BIG OF A DIFFERENCE. SIXTEEN-FONT AND 12-FONT,

IT'S -- SO, IF YOU'RE -- YOU'RE INCREASING THE FONT NUMBER, YOU WILL SEE

THAT -- AND MY STAFF WENT THROUGH IT, 12-POINT FONT, 14-POINT FONT,

16-POINT FONT, THE DIFFERENCE IS ONE PAGE FOR 12-POINT FONT, SINGLE

SPACED, AND THEN WHEN YOU'RE INCREASING IT TO 14-POINT FONT, IT'S

ACTUALLY ONLY A LITTLE BIT MORE, AND THEN WHEN YOU INCREASED IT TO

16-POINT FONT, IT ONLY COMES IN FOR NOT EVEN A PAGE AND SIX LINES. SO, I

THINK THAT IT'S PRETTY APPARENT THAT THAT'S NOT A HUGE DIFFERENCE, IT'S NOT

GOING TO BE VERY ONEROUS AND CHANGING PAPER SIZE IS ALSO AN

AVAILABILITY.

SO, THANK YOU SO MUCH. I HOPE THAT PEOPLE WILL VOTE

FOR THIS VERY COMMONSENSE BILL, I THINK THAT IT'S A VERY THOUGHTFUL, VERY

CONSIDERATE BILL AND WE ALL HAVE TO REMEMBER THAT WE'RE ONLY ALL

TEMPORARILY ABLE-BODIED. SO, THANK YOU SO MUCH.

NYS ASSEMBLY MARCH 27, 2019

ACTING SPEAKER AUBRY: MS. HYNDMAN.

MS. SIMON, I'M SORRY. HOW ARE YOU?

MS. SIMON: I'M GOOD, THANK YOU. HOW ARE YOU?

ACTING SPEAKER AUBRY: PLEASE.

MS. SIMON: SO, ON THE BILL, MR. SPEAKER. I WOULD

JUST LIKE TO COMPLIMENT AND COMMEND THE SPONSOR FOR THIS BILL. FIRST

OF ALL, I THINK THAT SHE'S COMPLETELY RIGHT THAT 16-POINT PRINT IS REALLY NO

BIG DEAL AND TODAY WE CAN ENLARGE FONTS VERY EASILY; ONCE UPON A TIME

IT WAS A VERY DIFFERENT PROPOSITION. BUT, I'D ALSO SUGGEST THAT THIS

ALREADY REQUIRED UNDER FEDERAL LAW AND THERE'S NO REASON WHY NEW

YORK SHOULD NOT CODIFY THIS. WE HAVE A HUGE STUDENT DEBT PROBLEM.

WE HAVE STUDENTS AND OTHERS WHO REALLY NEED TO BE ABLE TO READ WHAT IT

IS THAT THEY'RE OBLIGATED TO PAY AND TO FIND OUT WHAT THEIR OPTIONS ARE.

AND I THINK IT'S JUST OVERLY NARROW TO SUGGEST THAT THEY -- THEY SHOULDN'T

HAVE EQUAL ACCESS TO THAT INFORMATION. SO, I ENCOURAGE EVERYBODY TO

VOTE IN FAVOR OF THIS BILL.

ACTING SPEAKER AUBRY: THANK YOU.

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.)

MR. KIM TO EXPLAIN HIS VOTE.

MR. KIM: THANK YOU, MR. SPEAKER, FOR ALLOWING ME

NYS ASSEMBLY MARCH 27, 2019

TO EXPLAIN MY VOTE. FIRST AND FOREMOST, I WANT TO THANK THE SPONSOR FOR

TAKING THIS LEGISLATION. I THINK WE ALL CAN RECOGNIZE THAT DEBT

COLLECTORS, THEY PROFIT AND THEY MAKE MORE MONEY IF THE DEBTORS DON'T

PAY ON TIME. SO, IF THE INTENT BY DEBT COLLECTORS IS TO MAKE SURE THAT

THE DEBT, PEOPLE WHO ARE IN DEBT ARE PAYING WHATEVER THEY OWE IN

TIME, THEY WOULD ORGANICALLY, ON THEIR OWN, DO WHATEVER THEY CAN TO

COMMUNICATE EVERYTHING IN THE LARGEST FONTS POSSIBLE. BUT BY DESIGN,

THESE COMPANIES, SOME OF THEM ARE VERY PREDATORY, DO NOT WANT PEOPLE

IN DEBT TO PAY ON TIME, BECAUSE OF THE LONGER THEY EXIST -- THE LONGER

THEY PERSIST, THE MORE MONEY THEY'RE GOING TO MONETIZE OF PEOPLE IN

DEBT. AND THAT'S WHY WE HAVE THIS PROBLEM WITH STUDENT DEBT AND A

NUMBER OF CATEGORIES OF DEBT IN THIS COUNTRY, AND THAT IS WHY WE ARE

FACING 18 STRAIGHT MONTHS OF INCREASING HOUSEHOLD DEBT, WHICH IS,

WE'RE IN A FULL CRISIS MODE, EVEN WORSE THAN TEN YEARS AGO. SO THIS IS

THE RIGHT STEP TO MAKE SURE THAT WE CALL OUT THE PEOPLE IN THE BUSINESS

OF COLLECTION TO DO THE RIGHT THING TO -- AND HELP ALL OF OUR

COMMUNITIES. THANK YOU.

ACTING SPEAKER AUBRY: MR. KIM IN THE

AFFIRMATIVE.

MR. SAYEGH.

MR. SAYEGH: THANK YOU VERY MUCH. JUST, I'D LIKE

TO ALSO COMPLIMENT THE SPONSOR, AND I THINK WE'RE IN AN ERA WHERE

COMMUNICATION IS GOLDEN AND WHEN IT COMES TO DEBTS AND COLLECTION,

AND EVEN IN CASES THAT I'VE EXPERIENCED IN MY OFFICE, CONSUMERS THAT

WERE COMPLAINING ABOUT A LARGE COMPANY, I DON'T WANT TO MENTION

NYS ASSEMBLY MARCH 27, 2019

NAMES, YOU KNOW, THAT IS AN APPLIANCE COMPANY THAT HAS RELATIONSHIPS

WITH A CERTAIN BANK, WHEREAS THEY CONVINCE CUSTOMERS YOU CAN

PURCHASE YOUR REFRIGERATOR, YOU CAN PURCHASE YOUR HOME APPLIANCES

AND EVEN IF YOU WANT TO PAY THE FULL AMOUNT, OH, YOU PUT IT ON YOUR

CREDIT CARD AND YOU CAN JUST PAY A PORTION. THE REST OF IT YOU CAN DO

AN AUTOMATIC PAYMENT AND THEREFORE, HAVE IT PAID OFF. AND THEN THEY

REALIZE IN FINE PRINT THAT WITHIN A CERTAIN PERIOD, FOR THE SIX MONTHS, IF

IT'S NOT PAID FOR, EVEN THOUGH YOU HAVE AUTOMATIC PAYMENT, THEN THEY

START CHARGING YOU 29 PERCENT INTEREST, WHICH IS LOAN SHARKING. AND

PEOPLE THAT DON'T KNOW ANY BETTER THAT HAVE AUTOMATIC PAYMENTS AND

THEY THINK, I'M IN LINE, I'M DOING EVERYTHING THE RIGHT WAY, AND

MEANWHILE, THEY FIND OUT THEY'RE PAYING 300 PERCENT MORE THAN THE

ORIGINAL AMOUNT.

SO, I THINK ANY ATTEMPTS TO CLARIFY AND MAKE SURE THE

CUSTOMER KNOWS EXACTLY WHAT THEY'RE GETTING INTO IS A GOOD THING, AND I

DON'T FEEL IT'S SUCH A STRAIN OR A COST FACTOR FOR THESE COMPANIES. THANK

YOU VERY MUCH.

ACTING SPEAKER AUBRY: MR. SAYEGH IN THE

AFFIRMATIVE.

ACTING SPEAKER LAVINE: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

NYS ASSEMBLY MARCH 27, 2019

MOVE TO OUR NEXT TWO BILLS ON DEBATE, WE'RE ON CALENDAR NO. 105, PAGE

10 BY MR. PICHARDO, AND CALENDAR NO. 74, PAGE 9 BY MS. SOLAGES.

ACTING SPEAKER LAVINE: PAGE 10, CALENDAR

NO. 105, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02122, CALENDAR NO.

105, PICHARDO, SAYEGH, TAYLOR, ARROYO. AN ACT TO AMEND THE PUBLIC

SERVICE LAW, IN RELATION TO MAKING GAS AND ELECTRIC BILLING INFORMATION

FOR RESIDENTIAL RENTAL PREMISES AVAILABLE UPON REQUEST.

ACTING SPEAKER LAVINE: AN EXPLANATION IS

REQUESTED.

MR. PICHARDO: ABSOLUTELY, MR. SPEAKER. WHAT

THE BILL ENTAILS BASICALLY THAT IT WOULD REQUIRE UTILITY COMPANIES TO

PROVIDE THE USE OF UTILITIES IN A RESIDENTIAL DWELLING FOR A POTENTIAL

HOMEOWNER, RENTER, LESSEE, OR THE LANDLORD UPON REQUEST.

ACTING SPEAKER LAVINE: ON A MOTION BY MR.

PICHARDO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER LAVINE: WILL THE SPONSOR

YIELD?

MR. PICHARDO: HAPPY TO DO SO, MR. SPEAKER.

ACTING SPEAKER LAVINE: THE SPONSOR YIELDS.

MR. RA: THANK YOU. SO, IN TERMS OF HOW THIS

NYS ASSEMBLY MARCH 27, 2019

WORKS, I UNDERSTAND THE IDEA OF BEING, YOU KNOW, A PROSPECTIVE TENANT

IS -- IS GOING TO, YOU KNOW, WANT TO HAVE SOME IDEA OF WHAT THE

UTILITIES ARE GOING TO BE IN AN APARTMENT THAT THEY'RE GOING TO RENT, SO

BY HAVING THIS INFORMATION THEY'LL, YOU KNOW, HAVE SOME -- SOME IDEA

OF WHAT THEY WILL BE PAYING GOING FORWARD. SO, FIRST OFF, THIS APPLIES TO

WHAT TYPES OF UTILITIES, WOULD IT BE ALL TYPES OF UTILITIES?

MR. PICHARDO: SO IT WOULD BE SORT OF -- IT COVERS

ELECTRIC AND HEATING. AND LET ME JUST CLARIFY SOMETHING I SAID EARLIER,

THIS BILL ONLY APPLIES TO RENTERS, JUST SO THAT WE'RE ALL CLEAR.

MR. RA: SO ELECTRIC AND HEATING FOR --

MR. PICHARDO: YES, ALL UTILITIES.

MR. RA: OKAY. I'M AWARE THAT -- I GUESS THERE ARE

SOME EXISTING LAWS THAT REQUIRE SOME OF THIS INFORMATION TO BE

PROVIDED --

MR. PICHARDO: SURE.

MR. RA: -- BUT NOT FROM THE -- NECESSARILY FROM THE

UTILITY THEMSELVES, BUT FROM THE LANDLORD; IS THAT CORRECT?

MR. PICHARDO: WELL, THE LANDLORD ISN'T UNDER ANY

TYPE OF LEGAL OBLIGATION TO PROVIDE THIS INFORMATION. BASICALLY WHAT

HAPPENS IS THAT LANDLORD WOULD GIVE A PERSON AN ESTIMATE, NOT

NECESSARILY BASED ON ACTUAL INFORMATION OF THE USE OF THE UTILITIES, BUT

RATHER SORT OF, KIND OF A GUESSTIMATE. THIS REQUIRES FOLKS TO ACTUALLY GET

THE INFORMATION FROM -- OR GIVE THEM THE OPPORTUNITY TO GET THE

INFORMATION FROM THE SOURCE SO THAT POTENTIAL RENTERS HAVE A BETTER

SINCE OF CLARITY OF WHAT THE EXPENSES WILL BE FOR THEIR NEW HOME,

NYS ASSEMBLY MARCH 27, 2019

INCLUDING FOR THE RENT, AS WELL.

MR. RA: OKAY. AND IS THERE ANY ABILITY HERE FOR --

FOR THE UTILITIES TO, YOU KNOW, CHARGE A FEE TO THE LANDLORD OR TO -- TO

ANYBODY FOR THIS INFORMATION?

MR. PICHARDO: NO.

MR. RA: SO THE INFORMATION WOULD HAVE TO BE

PROVIDED FREE OF CHARGE, CORRECT?

MR. PICHARDO: YES.

MR. RA: OKAY. AND IN TERMS OF THE INFORMATION

THEY'RE PROVIDING, PRESUMABLY, YOU KNOW, THE UTILITIES WOULD HAVE

INFORMATION THAT'S ALREADY ON FILE THAT THEY WOULDN'T HAVE TO PRODUCE

ANYTHING NEW, BUT THAT MIGHT BE A BILL FOR, YOU KNOW, FOR A PAST TENANT

THAT MIGHT HAVE INFORMATION ON IT IDENTIFYING THAT TENANT. WHAT ABOUT

THE PRIVACY CONCERNS WITH REGARD TO THIS?

MR. PICHARDO: ALL THE PERSONAL INFORMATION IS

REDACTED, ONLY THE INFORMATION THAT IS LEGALLY ASKED TO BE PROVIDED IS

SIMPLY THE USE OF SET UTILITIES UPON REQUEST OF THE LESSEE, THE LESSOR OR

THE LANDLORD OF THE RESIDENTIAL PROPERTY.

MR. RA: OKAY. AND IN TERMS OF, THEN, THE LEVEL OF

DETAIL, COULD, I MEAN, WOULD IT JUST BE MAYBE PAST BILLS WITH IDENTIFYING

INFORMATION REDACTED OR WOULD THEY HAVE -- OR WOULD THEY HAVE TO, YOU

KNOW, GENERATE SOME TYPE OF NEW DOCUMENTATION?

MR. PICHARDO: NO. BASICALLY, WHAT THEY CAN

PROVIDE, IT'S -- IT'S JUST A BILL WITH -- WITHOUT THE NAMES OR PERSONAL

INFORMATION THAT MAY BE FROM PREVIOUS TENANTS WHO OCCUPIED THAT

NYS ASSEMBLY MARCH 27, 2019

SPACE. AGAIN, WHAT THE BILL IS TRYING TO DO IS GIVE PEOPLE THE

OPPORTUNITY TO ACTUALLY UNDERSTAND WHAT IS GOING TO BE THE COST OF

LIVING IN SAID RESIDENTIAL PROPERTY, BECAUSE, YOU KNOW, THE RENT IS

MAYBE A FIXED COST, BUT, YOU KNOW, OBVIOUSLY DEPENDING ON THE

SEASONS, A UTILITY COST MAY BE A LITTLE BIT MORE, A LITTLE BIT LESS, AND A

PERSON POTENTIALLY RENTING THAT PARTICULAR PIECE OF PROPERTY, IT GIVES

THEM A BETTER SENSE OF WHAT THEIR COST IS GOING TO BE IF THEY DO DECIDE

TO ENTER A CONTRACT WITH THAT LANDLORD.

MR. RA: SURE. JUST TWO LAST THINGS.

MR. PICHARDO: SURE.

MR. RA: IN TERMS OF THE TIME THEY WOULD HAVE TO GO

BACK, IT'S EITHER TWO YEARS OR IF THE APARTMENT WOULD MAYBE BE NEWER

THAN THAT, IT'S JUST FROM THE BEGINNING OF THE APARTMENT COMING ON -- ON

THE MARKET?

MR. PICHARDO: SORRY. GIVE ME ONE SECOND. IT'S

BASICALLY THE LIFE OF THE UNIT OR TWO YEARS, WHICHEVER IS SHORTER.

MR. RA: OKAY. AND THEN LASTLY, I KNOW THAT THE

REQUIREMENT IS THAT THE UTILITY FULFILL THE REQUEST WITHIN TEN DAYS. WHAT

IS THE SITUATION IF THE UTILITY DOES NOT FULFILL THE REQUEST? ARE THERE ANY

FINES INVOLVED IN THIS?

MR. PICHARDO: SO -- SO, THEY CAN -- THEY CAN

PROVIDE THE INFORMATION EITHER A HARD COPY OR DIGITAL, WHATEVER, JUST TO

HELP THEM PRODUCE THAT INFORMATION.

MR. RA: OKAY.

MR. PICHARDO: I'M SORRY. LET ME BE CLEAR: SO,

NYS ASSEMBLY MARCH 27, 2019

THE PUBLIC SERVICE COMMISSION IS GOING TO MAKE THE REGULATION

WHETHER OR NOT THEY HAVE TO PROVIDE THAT INFORMATION HARD PRINT OR

DIGITAL OR BOTH, OR EITHER/OR.

MR. RA: OKAY. OKAY. SO, SOME OF THAT WILL BE

HANDLED BY THE -- BY THE PSC AFTER -- IF THIS IS -- IF THIS IS SIGNED INTO

LAW, THE PSC WOULD THEN --

MR. PICHARDO: YES.

MR. RA: -- PUT IN PLACE SOME TYPE OF REGULATORY

STRUCTURE FOR PROCEDURES AND ENFORCEMENT?

MR. PICHARDO: ABSOLUTELY, YES.

MR. RA: OKAY. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: JUST QUICKLY. I THINK GENERALLY, YOU KNOW,

THIS IS A POSITIVE IDEA IN TERMS OF TRYING TO GET AS MUCH INFORMATION AS

POSSIBLE FOR A PROSPECTIVE TENANT, BUT, YOU KNOW, I DO SEE AND -- AND

THERE HAVE BEEN SOME OBJECTIONS RAISED AND SOME HAVE OPPOSED THE

BILL IN THE PAST BECAUSE, YOU KNOW, WE'RE ESSENTIALLY PUTTING -- PUTTING

A SITUATION THERE WHERE WE'RE GOING TO GO TO THE UTILITY, SAY YOU HAVE TO

PROVIDE THIS INFORMATION FREE OF CHARGE, AND IT MIGHT ACTUALLY BE

SOMETHING THAT NEEDS TO BE GENERATED, SOME TYPE OF DOCUMENTATION,

ESPECIALLY, YOU KNOW, IF IT IS TWO YEARS WORTH OF BILLS, WHETHER IT'S, YOU

KNOW, MANUALLY REDACTING BILLS, EVEN IF, YOU KNOW, I -- I WOULD HOPE

THAT WHEN THE REGULATORY STRUCTURE IS PUT IN PLACE, THERE WOULD BE AN

OPPORTUNITY FOR THAT TO BE DONE DIGITALLY, BECAUSE IT'LL, I THINK, A, IT'LL

NYS ASSEMBLY MARCH 27, 2019

HELP THE CONSUMER GET THE INFORMATION QUICKLY. USUALLY IF WE'RE, YOU

KNOW, IN THE PROCESS OF -- OF LEASING SOME TYPE OF UNIT, PEOPLE MAY BE

IN A HURRY TO GET THAT -- GET THAT DONE AND NOT WANT TO WAIT TOO LONG FOR

INFORMATION TO BE, YOU KNOW, PUT THROUGH IN THE MAIL AND ALL OF THAT.

BUT I DO THINK THERE ARE CONCERNS THAT WELL, FOR AN

INDIVIDUAL SITUATION, THIS DOESN'T SEEM LIKE MUCH. IT COULD PUNITIVELY

REALLY REQUIRE A LOT OF TIME AND EFFORT AND RESOURCES FROM THE

COMPANIES TO BE ABLE TO PROVIDE ALL THIS INFORMATION, WHEREAS PERHAPS

IF WE -- WE UTILIZE SOME OF THE PROVISIONS IN EXISTING LAW AND, YOU

KNOW, ALLOW MAYBE THE LANDLORD OR THROUGH SOMEBODY TO PROVIDE THAT

INFORMATION, THEY'D HAVE THE INFORMATION TO PROVIDE TO ANY TENANTS.

YOU MAY HAVE MULTIPLE PROSPECTIVE TENANTS OF A UNIT WHO ARE

REQUESTING THIS SAME INFORMATION AND EACH TIME THE UTILITY IS GOING TO

HAVE TO GO BACK AND FULFILL THOSE REQUESTS.

SO -- SO, I THINK FOR THOSE REASONS, SOME OF -- SOME OF

OUR COLLEAGUES MAY BE CASTING THEIR VOTES IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

MR. PALMESANO.

MR. PALMESANO: YES, THANK YOU, MR. SPEAKER.

WILL THE SPONSOR YIELD FOR JUST A COUPLE QUICK QUESTIONS?

MR. PICHARDO: HAPPY TO DO SO, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, VICTOR, AND I

COMMEND THE INTENTION OF THIS BILL. I THINK THE INTENTION OF THE BILL IS

NYS ASSEMBLY MARCH 27, 2019

REALLY TO PROVIDE SOME CERTAINTY FOR PLANNING PURPOSES FOR SOMEONE,

WHAT THEIR UTILITY COSTS ARE GOING TO BE WHEN THEY MOVE INTO A PLACE,

CORRECT?

MR. PICHARDO: THAT IS ABSOLUTELY CORRECT.

MR. SPEAKER, IT'S HARD TO HEAR. THERE'S A LOT OF NOISE.

I'M SORRY.

ACTING SPEAKER AUBRY: WE HAVE A FEW

PEOPLE AROUND YOU. THEY'RE GOING TO CLEAR OUT. SHH. PLEASE, GO RIGHT

AHEAD.

MR. PICHARDO: MY APOLOGIES, PHIL. JUST, CAN YOU

JUST REPEAT THE QUESTION, I JUST WANTED TO MAKE SURE I GOT IT RIGHT.

MR. PALMESANO: SURE. YES, I APPLAUD THE

INTENTION OF THE BILL BECAUSE I THINK THE PURPOSE AND YOUR INTENT WITH

THE LEGISLATION IS TO PROVIDE SOME SORT OF CERTAINTY OR PLANNING FOR A

PROSPECTIVE TENANT OR RESIDENT WHO IS MOVING INTO A PLACE TO KNOW

WHAT THEIR -- THEIR ENERGY COSTS ARE MAYBE OVER THE COURSE OF A PERIOD

OF TIME SO THEY CAN PLAN THAT INTO THEIR BUDGET, CORRECT?

MR. PICHARDO: ABSOLUTELY. AGAIN, YOU KNOW,

EACH FAMILY'S HOUSEHOLD'S BUDGET IS UNIQUE AND DIFFERENT AND ALL OF THE

INFORMATION THAT WE CAN PROVIDE OR THE LANDLORD OR THE UTILITY COMPANY

CAN PROVIDE TO MAKE THAT PICTURE CLEARER FOR FAMILIES OR INDIVIDUALS

LOOKING TO LEASE OR MOVE INTO A HOME IS THE BEST THING WE CAN DO.

MR. PALMESANO: YES, AND I KNOW FROM TALKING

TO SOME OF THE UTILITY COMPANIES AND OTHER ORGANIZATIONS, LIKE, WHEN

YOU CALL UP, THEY WILL PROVIDE THAT INFORMATION, THEY'LL GIVE YOU LIKE AN

NYS ASSEMBLY MARCH 27, 2019

AVERAGE -- AVERAGE MONTHLY WHAT A BUDGET PLAN WOULD BE, HOW MUCH

THOSE COSTS ARE OVER THE COURSE OF A 12-MONTH PERIOD, WHAT THE USAGE

WAS FOR A PREVIOUS TENANT, WHAT THAT USAGE WAS, HOW MUCH THAT COST

WAS AND BASICALLY YOU AVERAGE THAT OUT OVER A 12-MONTH PERIOD TO GIVE

YOU A BUDGET AMOUNT TO HELP WITH THAT PLANNING PURPOSES. DON'T THEY

DO THAT NOW? IT'S MY UNDERSTANDING THEY ALL DO THAT NOW IF YOU CALL

THEM UP AND REQUEST THAT.

MR. PICHARDO: SO, AGAIN, THE -- THE -- YOU ARE

CORRECT, PHIL. WHAT THEY PROVIDE IS AN ESTIMATE, IT'S NOT NECESSARILY THE

FULL AND CLEAR AND TRUE PICTURE OF, LIKE, WHAT SAY, YOU KNOW, YOUR

DECEMBER UTILITY BILL WOULD BE VERSUS YOUR JULY UTILITY BILL. I MEAN,

THE AVERAGE CAN BE, YOU KNOW, YOU CAN TAKE THAT INTO ACCOUNT, BUT THE

MORE ACCURATE INFORMATION WE CAN PROVIDE FOR POTENTIAL TENANTS OR IF

LANDLORDS REQUEST IT, I THINK THE BETTER -- THE BETTER IT IS.

MR. PALMESANO: SURE, AND I CAN UNDERSTAND THAT

POINT OF VIEW FROM THAT PERSPECTIVE. ISN'T THERE ANY CONCERNS RELATIVE

TO POSSIBLE, WHEN THEY'RE GIVING BILLS AND DOCUMENTATION ABOUT

PROPRIETARY INFORMATION --

MR. PICHARDO: SURE.

MR. PALMESANO: -- AND STUFF LIKE THAT. HOW DO

THEY HANDLE THOSE PRIVACY ISSUES?

MR. PICHARDO: SO, AGAIN, ALL THE INFORMATION,

PERSONAL INFORMATION, PROPRIETARY INFORMATION WILL BE REDACTED IF THOSE

DOCUMENTATIONS ARE REQUESTED. AGAIN, WHAT'S THE POTENTIAL RENTS OR

LANDLORD HAS REQUESTED THAT INFORMATION, ALL THEY WILL GET IS BASICALLY

NYS ASSEMBLY MARCH 27, 2019

THE BILL FOR THAT GIVEN MONTH OR THE PERIOD OF TIME THAT IS -- THAT WOULD

BE LEGALLY OBLIGATED FOR THESE UTILITY COMPANIES TO PROVIDE.

MR. PALMESANO: AND THERE WOULD BE NO -- THE

UTILITY COMPANIES CAN'T CHARGE THE INFORMATION -- FOR THE INFORMATION

THAT'S BEING PROVIDED --

MR. PICHARDO: NO.

MR. PALMESANO: -- PRINTING COSTS OR ANYTHING

LIKE THAT, CORRECT?

MR. PICHARDO: NO, THEY CAN'T CHARGE A FEE FOR THIS

-- FOR THIS INFORMATION TO BE PROCESSED.

MR. PALMESANO: OKAY. THANK YOU, VICTOR, FOR

YOUR TIME.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: YES. FIRST OF ALL, I DO APPLAUD

THE SPONSOR. HIS INTENTIONS BEHIND THIS LEGISLATION ARE WELL-INTENDED. I

SUPPORT THE INTENTIONS BEHIND THE LEGISLATION. I THINK THE CONCERNS I

HAVE AND SOME OF THE -- SOME OF THE COLLEAGUES ON OUR SIDE OF THE AISLE

AND OTHERS MIGHT HAVE IS -- IS CERTAINLY THIS COULD LEAD TO COST, BECAUSE,

FIRST OF ALL, IF YOU'RE HAVING TO PRINT OUT TWO YEARS WORTH OF UTILITY BILLS,

THAT -- THERE'S A COST TO THAT. AND THEN YOU HAVE A TENANT, INDIVIDUAL

AFTER INDIVIDUAL REQUESTING A SPECIFIC BILL, THAT'S GOING TO ADD A COST

WHETHER IT'S DIGITAL, WHETHER IT'S PAPER, WHATEVER IT MAY BE. I THINK

THERE'S A CONCERN THERE. AND I THINK THE GOAL, AND OUR SPONSOR

INDICATED THE GOAL IS TO PROVIDE FOR PLANNING PURPOSES, TO GIVE THEM A

NYS ASSEMBLY MARCH 27, 2019

GOOD PERSPECTIVE. AND, RIGHT NOW, IF YOU WERE TO CALL UP -- I

REMEMBER WHEN I WENT TO AN APARTMENT, I CALLED UP TO TRY TO FIGURE OUT

WHAT THOSE COSTS WERE TO GIVE YOU THAT AVERAGE OVER THE COURSE OF THE

YEAR, IT GIVES THAT INDIVIDUAL WHAT THOSE COSTS ARE AVERAGED OUT OVER

THAT YEAR TO GIVE YOU AN IDEA, MAYBE NOT THE EXACT DOLLAR AMOUNT, WHAT

THE USAGE WAS IN JULY OR DECEMBER. I THINK MOST PEOPLE RECOGNIZE

YOU'RE GOING TO HAVE YOUR AIR CONDITION [SIC] ON A LITTLE BIT MORE DURING

THE WINTER, IT'S GOING TO BE A LITTLE COLDER DURING THE WINTER -- SUMMER

-- OR, THE OTHER WAY AROUND. LET ME REPHRASE THAT AROUND.

BUT, I JUST THINK THAT RIGHT NOW, THESE COMPANIES WILL

PROVIDE THIS INFORMATION TO THE INDIVIDUAL AND THEY'LL GIVE IT TO THEM

RIGHT ON THE PHONE SO THEY KNOW. I'M CONCERNED I THINK JUST BECAUSE

OF THE COST THAT COULD BE INVOLVED WITH HAVING TO PRINT UP ALL THIS

DOCUMENTATION OVER TWO -- TWO YEARS WORTH OF BILLS AND HOW THAT

MIGHT WORK. THERE IS DEFINITELY GOING TO BE A COST TO THAT, IT'S NOT FREE.

SO, THAT'S BORNE BY THE UTILITY. AND I REMIND MY COLLEAGUES, WHEN WE

TALK ABOUT THE RATE -- THE UTILITY -- COSTS ON THE UTILITY, THAT, IN ESSENCE,

IS THE RATEPAYER PAYING THOSE ENERGY BILLS.

SO, AGAIN, I APPLAUD THE SPONSOR FOR HIS INTENTIONS. I

SUPPORT WHAT HE'S TRYING TO DO. I THINK THERE'S A MECHANISM IN PLACE TO

DO THAT, I'M JUST CONCERNED WHERE THIS MIGHT BE GOING AND WHAT THIS

COULD LEAD TO IN THE FUTURE. SO, FOR THOSE REASONS, AS MUCH RESPECT AS I

HAVE FOR THE SPONSOR, I WILL BE OPPOSING THE LEGISLATION AND ASK MY

COLLEAGUES TO DO THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. REILLY.

NYS ASSEMBLY MARCH 27, 2019

MR. REILLY: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. REILLY: ONE OF THE CONCERNS I HAVE, I RECENTLY

MET WITH CON EDISON AND THEY WERE TALKING ABOUT THE NEW PROGRAM

THEY'RE ROLLING OUT, WHICH IS GOING TO BE TARGETING THE WAY CUSTOMERS

USE THEIR UTILITIES. SO, THEY'RE GOING TO BE DISCOUNTING RATES IF YOU USE

YOUR UTILITIES OFF PEAK. SO, ONE OF THE CONCERNS I HAVE WITH THAT IS,

WELL, IF WE'RE LOOKING TO GIVE THE INFORMATION TO POTENTIAL NEW

OCCUPANTS OF THAT RESIDENCY, THEY MAY NOT HAVE THE SAME USAGE AS THE

PERSON WHO WAS IN THAT PROGRAM. SO, IF THEY USE IT ON PEAK TIME WHEN

THEY MOVE IN, THEY'RE GOING TO BE EXPECTING THEIR BILLS TO BE A CERTAIN

WAY AND IT'S NOT GOING TO BE ACCURATE TO THE PRIOR TENANT.

SO, THERE'S -- THERE'S A WHOLE BUNCH OF THINGS I THINK

WE REALLY NEED TO LOOK AT BECAUSE THEY'RE LOOKING -- THAT PILOT PROGRAM

IS JUST ROLLING OUT NOW ACROSS THE CITY, AND I'M SURE - IN NEW YORK

CITY - AND I'M SURE IT'LL BE EXPANDING EXPONENTIALLY BECAUSE THEY'RE

LOOKING TO CUT DOWN USAGE. SO, I THINK THAT'S SOMETHING THAT WE REALLY

NEED TO LOOK AT. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. MIKULIN.

MR. MIKULIN: WILL THE SPONSOR YIELD?

MR. PICHARDO: HAPPY TO DO SO.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

MR. MIKULIN.

NYS ASSEMBLY MARCH 27, 2019

MR. MIKULIN: JUST TWO QUICK QUESTIONS.

MR. PICHARDO: SURE.

MR. MIKULIN: DO YOU NEED TO TELL THE LANDLORD THAT

THEY ARE CONTACTING THE UTILITY COMPANY?

MR. PICHARDO: CAN YOU REPEAT THE QUESTION, I'M

SORRY.

MR. MIKULIN: DO YOU NEED TO TELL THE LANDLORD THAT

YOU'RE CONTACTING THE UTILITY COMPANY?

MR. PICHARDO: NO.

MR. MIKULIN: WELL, WHAT HAPPENS IF THERE WAS A

RENOVATION, SUCH THAT BEFORE THEY CAME TO THE APARTMENT, LET'S SAY THEY

CHANGED AN ELECTRIC OVEN TO A GAS OVEN --

MR. PICHARDO: SURE.

MR. MIKULIN: -- OR IF THERE WAS A MAJOR RENOVATION

THAT WOULD EITHER DECREASE THE UTILITIES OR INCREASE THE UTILITIES.

COULDN'T THIS GIVE THE POTENTIAL RENTER SOME INFORMATION THAT'S NOT TRUE

AND INDUCE THEM TO GO INTO SOMETHING OR NOT DEPENDING UPON WRONG

INFORMATION?

MR. PICHARDO: WELL, WHEN -- MY UNDERSTANDING,

YOU KNOW, WHEN I RENTED APARTMENTS IN THE PAST, WHEN I'VE HAD

CONVERSATIONS WITH POTENTIAL LANDLORDS, YOU KNOW, I WOULD ASK THEM IF

THERE WERE ANY RENOVATIONS, ANY MAJOR IMPROVEMENTS THAT WERE DONE

TO AN APARTMENT, AND THEY WOULD DISCLOSE WHETHER OR NOT THERE WAS AN

ELECTRIC OVEN OR SOME SORT OF NEW ENERGY EFFICIENT REFRIGERATOR OR

SOMETHING THAT'S INSTALLED. SO, IF YOU WOULD SEE A JUMP OR A CUT

NYS ASSEMBLY MARCH 27, 2019

SOMEWHERE AND IF YOU REQUEST THIS INFORMATION FROM THE UTILITY

COMPANIES AND YOU CAN SAY, WELL, HE INSTALLED IT HERE, THE TENANTS USED

IT HERE, THEN THAT SORT OF MAKES SENSE FOR THE -- FOR THE CHANGE OF COST,

BUT I DON'T THINK IT WOULD NECESSARILY -- AGAIN, WHAT THE BILL IS TRYING TO

DO IS JUST ARM PEOPLE WITH AS MUCH INFORMATION BEFORE THEY SIGN A

CONTRACT, LIKE RENTING AN APARTMENT, IN THE FUTURE AND UNDERSTAND WHAT

EXACTLY THEY'RE LOOKING TO PAY, BECAUSE, I MEAN, THE MORE INFORMATION

WE CAN PROVIDE FOR RENTERS, THE BETTER I BELIEVE.

MR. MIKULIN: THANK YOU. NO FURTHER QUESTIONS.

MR. PICHARDO: THANK YOU.

ACTING SPEAKER AUBRY: 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.)

MR. PICHARDO TO EXPLAIN HIS VOTE.

MR. PICHARDO: FIRST OF ALL, THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE. TO MY COLLEAGUES,

THANK YOU; I APPRECIATE THE DEBATE. PHIL, I RESPECT YOU, TOO, AS WELL.

NO -- NO PERSONAL OFFENSE TAKEN.

AGAIN, WHAT THIS BILL, AGAIN, DOES IT PROVIDES POTENTIAL

TENANTS MORE INFORMATION ABOUT WHAT THEY'RE BUYING INTO. AGAIN,

EVERY SINGLE DOLLAR IN TERMS OF FAMILY'S BUDGET OR AN INDIVIDUAL BUDGET

CAN MAKE THE DIFFERENCE OF WHETHER OR NOT A PERSON CAN OR CAN'T AFFORD

NYS ASSEMBLY MARCH 27, 2019

TO LIVE IN A SPECIFIC PLACE, IN A SPECIFIC AREA, IN A SPECIFIC APARTMENT,

AND THE MORE INFORMATION THAT WE CAN PROVIDE TO THESE INDIVIDUALS, THE

BETTER. ALSO, THE FACT THAT THE PSC WILL SORT OF DETERMINE HOW THAT

INFORMATION NEEDS TO BE PROVIDED, I THINK IF WE ARE ABLE TO PROVIDE THAT

INFORMATION IN A DIGITAL MANNER, IT'S THE COST TO SAID UTILITY COMPANY

WOULD BE POTENTIALLY MINISCULE AND IT WOULD BE BARELY NOTICEABLE,

ESPECIALLY DEPENDING ON THE SIZE OF THE COMPANY.

SO, WITH THOSE REASONS, I WILL BE VOTING IN THE

AFFIRMATIVE AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MR. PICHARDO IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 9, CALENDAR NO. 74, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03002, CALENDAR NO.

74, SOLAGES, D'URSO, DICKENS, RAMOS, SIMON, BARRON, MCDONOUGH,

LAWRENCE, LAVINE, GALEF, BUCHWALD, ROZIC, JACOBSON, GRIFFIN,

SCHMITT. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW AND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO REQUIRING EACH INDUSTRIAL DEVELOPMENT

AGENCY TO LIVE STREAM ALL OPEN MEETINGS AND PUBLIC HEARINGS AND MAKE

THE RECORDINGS OF SUCH MEETINGS AND HEARINGS AVAILABLE ON THE

WEBPAGE OF THE INDUSTRIAL DEVELOPMENT AGENCY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. SOLAGES.

NYS ASSEMBLY MARCH 27, 2019

MS. SOLAGES: THIS BILL WOULD REQUIRE EACH

INDUSTRIAL DEVELOPMENT AGENCY TO LIVE STREAM AND POST VIDEO

RECORDINGS OF ALL MEETINGS AND PUBLIC HEARINGS, AS WELL AS REQUIRE EACH

IDA TO POST SUCH RECORDINGS FOR A PERIOD OF NOT LESS THAN FIVE YEARS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. SOLAGES, WILL YOU

YIELD?

MS. SOLAGES: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH. I NOTE THAT

THIS BILL WOULD REQUIRE IDAS AND AUTHORITIES TO VIDEOTAPE AND STREAM

LIVE THEIR MEETINGS, UNLESS IT'S AN EXECUTIVE SESSION, OF COURSE, BUT IT

HAS A CAVEAT; IT SAYS "TO THE EXTENT PRACTICAL."

MS. SOLAGES: I'M SORRY. CAN YOU REPEAT THAT LAST

PHRASE?

MR. GOODELL: YES. IT HAS AN EXCEPTION, AND THAT

IS -- THE EXCEPTION "TO THE EXTENT PRACTICAL." CAN YOU GIVE ME AN IDEA

OF WHAT THAT MEANS?

MS. SOLAGES: YOU KNOW, WE -- WE UNDERSTAND

THAT THERE MIGHT BE SOME CHALLENGES, SO WE -- WE KEPT THE LANGUAGE

BROAD IN CASE, FOR INSTANCE, YOU KNOW, BLACKOUT HAPPENS, SOME TYPE OF

STORM. WE JUST WANTED TO MAKE SURE THAT, YOU KNOW, WE WEREN'T BEING

TOO RESTRICTIVE IN GIVING THE IDAS AN OPPORTUNITY TO BE ABLE TO LIVE

NYS ASSEMBLY MARCH 27, 2019

STREAM.

MR. GOODELL: WOULD THAT EXCEPTION COVER THE

SITUATION WHERE THE IDA DOESN'T HAVE THE VIDEO EQUIPMENT AND DOESN'T

WANT TO BUY IT?

MS. SOLAGES: WELL, NOWADAYS TECHNOLOGY IS SO

AFFORDABLE. IN ADDITION, AN INDIVIDUAL WITH A CELL PHONE CAN BE ABLE TO

LIVE STREAM. THEY CAN PURCHASE AN APP AT A REASONABLE RATE AND -- AND

BE ABLE TO LIVE STREAM TO THE BROADER CONSTITUENTS, NEW YORKERS WHO

ARE WANTING TO VIEW THIS.

MR. GOODELL: BUT, OF COURSE, THE IDA MIGHT

WANT TO HAVE A MORE PROFESSIONAL PRESENTATION, SO COULD THE IDA SAY,

WELL, WE WANT TO HAVE A PROFESSIONAL PRESENTATION, THEREFORE WE WANT

A FIXED CAMERA AND THAT'S MORE EXPENSIVE AND WE DON'T HAVE IT IN THE

BUDGET SO, THEREFORE, WE'RE NOT GOING TO DO IT. WOULD THAT BE, IN YOUR

OPINION, A REASONABLE EXPLANATION FOR WHY THEY CONSIDER IT NOT TO BE

PRACTICAL?

MS. SOLAGES: MR. SPEAKER, YOU KNOW, THIS

TECHNOLOGY IS SO AFFORDABLE. AN INDIVIDUAL CAN EVEN GO ON TO A

WEBSITE AND PURCHASE THIS AT A VERY, YOU KNOW, AFFORDABLE RATE. AND

WHEN WE'RE TALKING ABOUT THE AMOUNT OF TAX BREAKS THAT IDAS ARE

GIVEN, THEY SHOULD BE ABLE TO AT LEAST AFFORD BASIC EQUIPMENT, AS A

MICROPHONE, WHICH, IF YOU LOOK ON SOME WEBSITES, A MICROPHONE MAY

COST $10, AS WELL AS A CELL PHONE WHICH MOST INDIVIDUALS DO HAVE. IF

NOT, THEY COULD PURCHASE A WEB CAMERA. THE OTHER DAY I PURCHASED A

WEB CAMERA FOR -- FOR MY MOTHER FOR ABOUT -- YOU KNOW, LESS THAN $30.

NYS ASSEMBLY MARCH 27, 2019

SO, YOU KNOW, IT DOESN'T SEEM LIKE A MONUMENTAL TASK TO PURCHASE THIS

WEB EQUIPMENT. I WENT INTO OFFICES OF, YOU KNOW, IDAS AND I'VE SEEN

LEATHER CHAIRS. SO, IF AN INDIVIDUAL CAN AFFORD A, YOU KNOW, LEATHER

CHAIR, I'M SURE THEY CAN ALSO AFFORD EQUIPMENT TO LIVE STREAM.

MR. GOODELL: WELL, NOT ALL IDAS, AS YOU CAN

APPRECIATE, EVEN HAVE LIVE WEBPAGES, SO...

MS. SOLAGES: I'M SORRY, MR. SPEAKER. CAN YOU --

I CAN'T HEAR THE GENTLEMAN.

ACTING SPEAKER AUBRY: CERTAINLY. SHH.

LADIES AND GENTLEMEN, WE ARE ON DEBATE. WE WILL TRY AND HOLD DOWN

TO THE LEAST POSSIBLE NOISE.

PROCEED.

MS. SOLAGES: IN ADDITION, THE IDAS ALL HAVE A

WEBSITE AND THAT IS REQUIRED IN LAW IN THE PUBLIC AUTHORITIES LAW.

MR. GOODELL: AND IS IT EASY AND INEXPENSIVE TO

ADD A LIVE FEED TO AN EXISTING WEBPAGE?

MS. SOLAGES: AS I SAID BEFORE, YOU KNOW,

TECHNOLOGY HAS MADE LIVE STREAMING ACCESSIBLE TO ALL INDIVIDUALS.

MR. GOODELL: WELL, JUST SO YOU UNDERSTAND, I -- I

AGREE WITH YOUR BILL AND I THINK IT'S A GOOD IDEA TO HAVE MORE

TRANSPARENCY. AND I THINK YOUR BILL STRIKES THE RIGHT BALANCE. AND THE

REASON WHY I WAS ASKING YOU ALL THESE QUESTIONS ABOUT WHAT'S MEANT

"TO THE EXTENT PRACTICAL" IS BECAUSE A FEW YEARS AGO, THIS LEGISLATURE

AMENDED OUR OWN RULES TO REQUIRE THAT WE HAVE A VIDEO LIVE STREAM OF

ALL COMMITTEE MEETINGS AND IT SAYS, "THE AUDIO AND VIDEO BROADCAST OF

NYS ASSEMBLY MARCH 27, 2019

COMMITTEE MEETINGS SHALL BE MADE AVAILABLE ON THE ASSEMBLY INTERNET

SITE WHEN PRACTICAL." AND THAT WAS A FEW YEARS AGO. WE STILL DON'T

HAVE IT. DO YOU THINK A LEGISLATURE THAT VOTES ON A $50-PLUS BILLION

BUDGET CAN COME UP WITH THE FUNDS AND THE TECHNOLOGY TO LIVE STREAM

OUR COMMITTEE MEETINGS, OR SHOULD WE USE OUR LACK OF LEADERSHIP --

MS. SOLAGES: IS THAT GERMANE TO THE BILL? I'M

SORRY. MR. SPEAKER, IS THIS GERMANE TO THE BILL? I BELIEVE THIS IS ABOUT

IDAS.

MR. GOODELL: I'LL BRING IT BACK TO YOUR BILL. SO

MY QUESTION IS --

ACTING SPEAKER AUBRY: THANK YOU. PLEASE

BRING IT BACK TO THE BILL.

MR. GOODELL: SO MY QUESTION IS, SHOULD WE USE

OUR LACK OF LEADERSHIP AS A STANDARD FOR DETERMINING WHAT'S PRACTICAL

FOR IDAS?

MS. SOLAGES: MR. SPEAKER, I DON'T BELIEVE THIS IS

GERMANE TO THE BILL. I WOULD LIKE TO SPEAK ABOUT IDAS.

ACTING SPEAKER AUBRY: YOU HAVE THE --

CERTAINLY THE RIGHT TO NOT YIELD.

MS. SOLAGES: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GOODELL: I -- I WOULD HOPE THAT THE STANDARD

OF WHAT'S PRACTICAL FOR A LIVE VIDEO TAPING AND DISPLAY OF IDA AND

AUTHORITY MEETINGS IS BASED ON WHAT IS, MY COLLEAGUE EXPRESSED, A

NYS ASSEMBLY MARCH 27, 2019

REASONABLY INEXPENSIVE AND A REASONABLE EASY -- REASONABLY EASY

PROCESS AND THAT THEY FOLLOW THE MEANING AND INTENT OF THIS PROPOSED

LEGISLATION AND NOT FOLLOW OUR LACK OF LEADERSHIP INTERNALLY.

AND SO I DO SUPPORT THE BILL AND I WOULD ENCOURAGE

OUR OWN ASSEMBLY TO MOVE FORWARD IN IMPLEMENTING OUR OWN RULES

THAT REQUIRE THE SAME TYPE OF VIDEO SHOWING. THANK YOU SO MUCH, MR.

SPEAKER AND, AGAIN, THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I RISE TO APPLAUD THE SPONSOR OF THIS PIECE OF LEGISLATION. ALL

OF US HAVE IDAS IN OUR COMMUNITIES. MOST OF THEM, AS YOU KNOW, MR.

SPEAKER, ARE PROBABLY MAYBE FOUR TO 11 PEOPLE OR SO. AND WITH ALL

DUE RESPECT TO MY COLLEAGUE ON THE OTHER SIDE OF THE AISLE, HE'S

ABSOLUTELY CORRECT THAT WE DID CHANGE OUR RULES TO PROVIDE AN

OPPORTUNITY FOR ALL OF OUR COMMITTEES TO BE LIVE STREAMED, AND WHILE

TECHNOLOGY IS MOVING QUICKLY, IT IS A BIT OF A CHALLENGE FOR US TO FIGURE

OUT HOW WE SET UP MORE THAN 25 DIFFERENT OFFICES, SOME COMMITTEES AS

LARGE AS 30 PEOPLE. THERE'S NO NEED TO HAVE A PROCESS SET UP WHERE ALL

MEMBERS CAN'T BE ON CAMERA WHEN THEY ARE SPEAKING.

NYS ASSEMBLY MARCH 27, 2019

AND SO THERE ARE SOME CHALLENGES THAT WE'RE STILL

LOOKING AT AND WE'RE STILL WORKING TO SOLVE THAT PROBLEM, BUT WHILE WE

DO THAT, I THINK IT'S A LAUDABLE OF THE SPONSOR OF THIS LEGISLATION TO LOOK

TO PROVIDING ACCESS TO IDAS TO HAVE THEIR MEETINGS LIVE STREAMED, AND

I WANT TO COMMEND HER FOR THAT AND TAKE MY VOTE IN THE POSITIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE POSITIVE.

MR. MONTESANO.

MR. MONTESANO: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. I JUST WANT TO THANK THE SPONSOR FOR THIS BILL. WHILE I

APPLAUD THE WORK THAT THE IDAS DO, ESPECIALLY BACK HOME IN NASSAU

COUNTY AND THE ADJOINING COUNTIES, I THINK THAT SOME, YOU KNOW, SOME

PUBLIC OBSERVATION OF THESE MEETINGS IS GOING TO BE VERY HELPFUL

BECAUSE IN THE PAST COUPLE OF YEARS BACK HOME, SOME COMMUNITIES

WERE CAUGHT OFF GUARD WITH SOME OF THE DECISIONS MADE BY THE IDAS

WHICH HAD VERY ADVERSE TAX IMPLICATIONS TO PROPERTY OWNERS THAT

RESULTED IN COURT CASES AND CHALLENGES AND REVERSALS AND THINGS OF THAT

NATURE.

SO, I THINK THE MORE THE PUBLIC'S INVOLVED AND CAN

WATCH THESE PROCEEDINGS WITH THE LIVE STREAM WHICH TODAY'S

TECHNOLOGY IS EXTREMELY EASY AND COST-EFFICIENT AND IF THERE'S A

RECORDING OF IT THAT PEOPLE COULD LOOK UP IN A LIBRARY OR ANY OTHER

PUBLIC PLACE WOULD BE HELPFUL. I THINK IT GOES A LONG WAY TO GETTING

SOME PUBLIC SUPPORT FOR SOME OF THE DECISIONS MADE BY THE IDAS, AND

NYS ASSEMBLY MARCH 27, 2019

ALSO, I THINK IT KEEPS THE IDAS COGNIZANT THAT THE PUBLIC IS WATCHING

THE KIND OF DEALS AND TRANSACTIONS THAT THEY'RE APPROVING. SO, I'M

VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. MONTESANO IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

NOW TURN OUR ATTENTION TO PAGE 8, WE'RE GOING TO CALENDAR NO. 69 BY

MR. MAGNARELLI.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01800, CALENDAR NO.

69, MAGNARELLI, D'URSO, PEOPLES-STOKES, STECK, COOK, GALEF,

ZEBROWSKI. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND

PROCEEDINGS LAW, IN RELATION TO INSPECTING, SECURING AND MAINTAINING

VACANT AND ABANDONED RESIDENTIAL PROPERTY.

ACTING SPEAKER AUBRY: BEFORE -- ON A

MOTION BY MR. MAGNARELLI, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED. AN EXPLANATION IS REQUESTED, MR. MAGNARELLI.

MR. MAGNARELLI: YES, MR. CHAIRMAN. THE

PURPOSE OF THIS BILL IS TO REQUIRE MORTGAGE HOLDERS OF VACANT AND

ABANDONED RESIDENTIAL PROPERTIES THAT ARE PART OF A HOMEOWNERS'

ASSOCIATION OR CO-OP TO CONTINUE PAYING HOA OR COOPERATIVE FEES

NYS ASSEMBLY MARCH 27, 2019

WHEN A PROPERTY HAS BEEN ABANDONED DURING THE FORECLOSURE PROCESS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

MAGNARELLI?

MR. MAGNARELLI: YES, SIR.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. MAGNARELLI.

WOULD THIS BILL APPLY TO ALL HOMEOWNER ASSOCIATION FEES INCLUDING

TIMESHARES, CONDOS?

MR. MAGNARELLI: IT -- IT APPLIES TO HOMEOWNERS'

ASSOCIATIONS AND CONDOS AND CO-OPS.

MR. GOODELL: CONDOS AND CO-OPS. AND THAT

WOULD INCLUDE TIMESHARES?

MR. MAGNARELLI: I DON'T BELIEVE SO. WE COULD

CHECK ON THAT, BUT I DON'T BELIEVE SO.

MR. GOODELL: AND THE BILL SAYS THAT THE BANK

WOULD BE RESPONSIBLE FOR THE HOMEOWNERS' ASSOCIATION OR COOPERATIVE

FEES AS NEEDED TO MAINTAIN THE PROPERTY. OFTEN, HOMEOWNERS'

ASSOCIATIONS FEES INCLUDE CHARGES FOR MAINTAINING THE POOL, TENNIS

COURTS, RECREATIONAL FACILITIES. ARE THOSE ALL INTENDED TO BE INCLUDED

WITHIN THE SCOPE OF THIS BILL? OR ONLY THE ONES THAT ARE RELATING TO THE

PHYSICAL MAINTENANCE OF THE PROPERTY?

MR. MAGNARELLI: WELL, I THINK ALL OF THOSE

NYS ASSEMBLY MARCH 27, 2019

THINGS ARE IMPORTANT TO THE MAINTENANCE OF A PROPERTY AND WHAT THE

OTHER TENANTS OR RESIDENTS OF THAT CO-OP OR HOA ARE EXPECTING. AND

LIKE ANYTHING ELSE, WHEN A PROPERTY BECOMES ABANDONED, IT HAS AN

AFFECT ON EVERYBODY ELSE. SO, ALL OF THESE THINGS -- THAT WOULD BE IN

PART OF THE FEES.

MR. GOODELL: MANY BUILDINGS, AS YOU KNOW,

PARTICULARLY TIMESHARES AND CO-OPS AND COOPERATIVES TO A CERTAIN

EXTENT, THE OWNERS CERTAINLY AREN'T THERE ALL YEAR ROUND. THEY MAY BE

SNOWBIRDS, THEY MAY GO TO FLORIDA FOR JUST OVER SIX MONTHS SO THEY'RE

NOT NEW YORK RESIDENTS, AS AN EXAMPLE. WHAT CONSTITUTES AN

ABANDONMENT OF THE APARTMENT OR CO-OP OR A CONDO OR A TIMESHARE?

MR. MAGNARELLI: THAT'S A GOOD QUESTION. I'M

BEING TOLD BY COUNSEL THAT THERE ARE FACTORS THAT ARE BEING -- THAT ARE

DISCUSSED IN AN EARLIER PART OF THE LAW THAT WE'RE CHANGING.

MR. GOODELL: OF COURSE, ALL OF THESE

HOMEOWNERS' ASSOCIATIONS, ALL THE FEES THAT ARE ASSOCIATED WITH THAT,

THEY'RE ALL, BY CONTRACT, BETWEEN THE OWNER OF THE CO-OP OR COOPERATIVE

OR THE TIMESHARE AND THE HOMEOWNERS' ASSOCIATION, RIGHT; THAT'S ALL SET

BY CONTRACT?

MR. MAGNARELLI: IT -- IT COULD BE BY CONTRACT. IT

COULD BE BY DEED. IT COULD BE BY A NUMBER OF THINGS, BYLAWS.

MR. GOODELL: AND THE BANK, THOUGH, IS NOT A

PARTY TO THOSE BYLAWS OR CONTRACTS OR DEEDS, CORRECT?

MR. MAGNARELLI: THAT'S CORRECT, BUT THE BANKS

ARE NOT PARTIES TO UTILITY CONTRACTS IN RESIDENTIAL HOMES EITHER, AND

NYS ASSEMBLY MARCH 27, 2019

WE'VE ALREADY SET A LONG LIST OF THINGS THAT BANKS ARE RESPONSIBLE FOR.

ONCE A PROPERTY BECOMES ABANDONED, BECOMES A ZOMBIE PROPERTY IN A

FORECLOSURE ACTION. THAT'S WHAT WE'RE TALKING ABOUT HERE, WE'RE TALKING

ABOUT A ZOMBIE PROPERTY IN A FORECLOSURE ACTION.

MR. GOODELL: I BEG TO DIFFER A LITTLE BIT BECAUSE

UNDER THE EXISTING LAW, WE REQUIRE A BANK TO ENTER INTO AN AGREEMENT TO

MAINTAIN THE UTILITIES, BUT THIS WOULD REQUIRE THE BANK TO PAY FEES THAT

-- ON A CONTRACT BETWEEN TWO OTHER PARTIES. SO MY QUESTION REALLY IS,

WHAT AUTHORITY DO WE HAVE AS A LEGISLATURE TO REQUIRE SOMEONE WHO IS

NOT A PARTY TO ANY CONTRACT OR NOT A PARTY TO THE DEED, NOT A PARTY TO ANY

BYLAWS, A COMPLETELY SEPARATE THIRD-PARTY TO REQUIRE THEM TO PAY FEES

THAT SOMEONE ELSE AGREED TO? ISN'T THAT A FUNDAMENTAL VIOLATION OF DUE

PROCESS?

MR. MAGNARELLI: WELL, I DON'T BELIEVE SO AND I

DON'T BELIEVE THAT THE SECTION THAT WE'RE AMENDING SAYS THAT. I THINK -- I

THINK THAT WHAT WE'RE DOING HERE IS JUST ADDING TO THE NUMBER OF THINGS

THAT A BANK IS GOING TO BE REQUIRED TO DO IF THERE IS A ZOMBIE PROPERTY

IN A FORECLOSURE. AND IT DOESN'T SEEM TO ME ANY DIFFERENT THAN BEING A

REASONABLE MEASURE TO PREVENT THE GROWTH OF MOLD, WHICH WE PASSED

IN 2016. THESE ARE -- WE'RE JUST TRYING TO MAKE SURE THAT THE HEALTH AND

SAFETY OF THE PEOPLE WITHIN THAT HOMEOWNERS' ASSOCIATION OR CONDO OR

CO-OP ARE PROTECTED.

AND I -- I ALSO BELIEVE THAT THE --THE BANK DOES HAVE

AN INTEREST IN THE PROPERTY. IT DOES, BY THE FACT THAT IT HOLDS A MORTGAGE

ON THE PROPERTY. IT HAS AN INTEREST IN THAT PROPERTY. WE'RE SAYING THAT

NYS ASSEMBLY MARCH 27, 2019

THEY HAVE TO MAKE SURE THAT THAT PROPERTY IS MAINTAINED, NOT ONLY TO

PROTECT ITS OWN INTEREST, WHICH IT SHOULD WANT TO DO, BUT ALSO TO PROTECT

THE HEALTH AND SAFETY OF THE PEOPLE THAT LIVE IN THAT CONDOMINIUM,

CO-OP OR HOMEOWNERS' ASSOCIATION.

MR. GOODELL: NOW, THE AGREEMENTS THAT WE'RE

TALKING ABOUT WITH A CONDO, COOPERATIVE, TIMESHARE WHATEVER --

MR. MAGNARELLI: YOU KEEP SAYING TIMESHARE,

AND I DID NOT SAY THAT IT COVERED TIMESHARE, OKAY?

MR. GOODELL: OKAY. CONDO OR COOPERATIVE, BUT

CERTAINLY ALL THE ENTITIES ARE COVERED BY THIS, THOSE AGREEMENTS ALWAYS

PROVIDE THE CONDO OR THE CO-OP THE RIGHT TO SUE THE DELINQUENT OWNER

AND GET A JUDGMENT LIEN AND COLLECT AGAINST THE PROPERTY, JUST LIKE THE

BANK WOULD HAVE A LIEN AGAINST A PROPERTY. SO MY QUESTION IS, WHY ARE

WE ELEVATING THE CONDO LIEN, IN ESSENCE, TO BE ON THE SAME STATUS OR

EVEN HIGHER THAN THE BANK LIEN FOR AN UNPAID PURCHASE PRICE?

MR. MAGNARELLI: I GUESS I LOOK AT IT IN A

DIFFERENT WAY, SIR. I -- I TAKE IT THAT WE'RE TRYING TO MAKE THE CONDO OR

CO-OP OWNER OR OWNERS, THE OTHER OWNERS, ON THE SAME LEVEL AS THE

PEOPLE WHO LIVE IN A NEIGHBORHOOD WHERE A RESIDENCE IS TAKEN -- IS NOT

BEING TAKEN CARE OF BECAUSE THE PROPERTY IS ABANDONED.

MR. GOODELL: NOW AM I CORRECT THAT THIS BILL

WOULD TAKE EFFECT IMMEDIATELY UPON SIGNING BY THE GOVERNOR?

MR. MAGNARELLI: I BELIEVE IT DOES, YES.

MR. GOODELL: AND SO IT WOULD APPLY TO EXISTING

CONTRACTUAL ARRANGEMENTS BETWEEN THE BANK -- I MEAN, IT'S NOT GOING TO

NYS ASSEMBLY MARCH 27, 2019

APPLY TO MORTGAGES THAT ARE ENTERED INTO AFTER THIS DATE, CORRECT? IT

WOULD APPLY TO EXISTING MORTGAGES?

MR. MAGNARELLI: I BELIEVE IT APPLIES TO

MORTGAGES NOW THAT ARE IN EFFECT.

MR. GOODELL: WELL, ISN'T THAT FUNDAMENTALLY

UNFAIR TO A BANK THAT DEVELOPED THE INTEREST RATE AND THE APPLICATION

FEES BASED ON ASSUMING NO LIABILITY, AND NOW THEY'RE BEING REQUIRED BY

THIS STATUTE TO ASSUME LIABILITY? I MEAN THE BANK MIGHT RAISE THE

INTEREST RATE OR THE APPLICATION FEES OR THE CREDIT RATINGS FOR FUTURE

MORTGAGES. HOW CAN WE IMPOSE A NEW FINANCIAL OBLIGATION

RETROACTIVELY ON A BANK? I MEAN, ISN'T THAT FUNDAMENTALLY UNFAIR TO THE

BANK?

MR. MAGNARELLI: I DON'T THINK THIS IS ANY

DIFFERENT THAN THE LEGISLATION THAT THE LEGISLATURE PASSED AND WENT INTO

LAW IN 2016. WE'RE PUTTING RESPONSIBILITIES ON A BANK THAT IT'S NEVER

HAD BEFORE, I AGREE, BUT WE FEEL THAT IT'S IMPORTANT TO THE PEOPLE THAT

ARE LIVING IN THOSE NEIGHBORHOODS OR, IN THIS CASE, IN THE CONDOS OR

HOAS.

MR. GOODELL: BUT WOULD YOU ADDRESS THE ISSUE

WHY IS THIS FAIR TO A BANK THAT WE ARE DRAMATICALLY INCREASING THEIR

POTENTIAL LIABILITY, AFTER THE FACT, WITH NO OPPORTUNITY FOR THE BANK TO

ADDRESS IT? FOR EXAMPLE, COULD THE BANK, UNDER THIS BILL, CANCEL THEIR

EXISTING MORTGAGE AND SAY, WE'RE NOT GOING TO CONTINUE THE MORTGAGE

UNLESS YOU INCREASE THE INTEREST RATE BECAUSE OUR RISK HAS GONE UP?

ARE THEY ALLOWED TO CANCEL AN EXISTING MORTGAGE BECAUSE THEY CHANGED

NYS ASSEMBLY MARCH 27, 2019

THE RISK?

MR. MAGNARELLI: I DON'T BELIEVE SO, NO.

MR. GOODELL: SO WHY IS THIS FAIR TO A BANK?

MR. MAGNARELLI: WELL, I THINK A BANK -- I JUST

BELIEVE THAT THE BANKS WILL TAKE CARE OF THEMSELVES GOING FORWARD, ONE

WAY OR THE OTHER. THEY'LL FIGURE OUT A WAY.

MR. GOODELL: NOW, AS YOU KNOW, THE MORTGAGE

IS JUST A LIEN TO ENSURE THAT THE BANK IS ULTIMATELY PAID, RIGHT? IT'S JUST A

LIEN, THEY DON'T ACTUALLY OWN THE PROPERTY, IT'S JUST A LIEN. IS THERE

ANYTHING IN THIS BILL THAT WOULD PROHIBIT A BANK FROM SIMPLY RELEASING A

LIEN AND NOT PAYING ANY OF THOSE CONDO FEES?

MR. MAGNARELLI: WELL, I BELIEVE THAT THIS BILL IS

ONLY EFFECTING ZOMBIE PROPERTIES THAT ARE IN FORECLOSURE.

MR. GOODELL: RIGHT, BUT AT ANY TIME --

MR. MAGNARELLI: SO THAT'S GOES CONTRARY TO WHAT

YOU'RE ASKING. IF THEY'RE GOING TO RELEASE THE LIEN, THEY'RE NOT IN

FORECLOSURE.

MR. GOODELL: RIGHT, SO -- I MEAN, BUT AT ANYTIME

A BANK CAN RELEASE A LIEN --

MR. MAGNARELLI: YEAH, I'M SURE THEY CAN; YEAH.

MR. GOODELL: AND THIS DOESN'T PREVENT THAT?

MR. MAGNARELLI: THAT DOESN'T PREVENT THEM.

MR. GOODELL: NOW, OF COURSE, THERE ARE OTHER

LIENS THAT WOULD APPLY TO A CONDO OR A COOPERATIVE, PERHAPS A JUDGMENT

LIEN, A LIEN FOR AN UNPAID CREDIT CARD. I MEAN, ANY JUDGMENT LIEN WOULD

NYS ASSEMBLY MARCH 27, 2019

APPLY. DO ANY OF THE OTHER JUDGMENT LIENHOLDERS HAVE A CORRESPONDING

DUTY?

MR. MAGNARELLI: NO.

MR. GOODELL: JUST THE BANK?

MR. MAGNARELLI: MORTGAGE HOLDERS THAT COULD

BE OTHER THAN BANKS, TOO.

MR. GOODELL: AND SO, IS THERE ANYTHING TO

PREVENT A BANK FROM RELEASING ITS LIEN, GOING ON AN EXPEDITED

PROCEDURE, A MOTION FOR SUMMARY JUDGMENT IN LIEU OF A COMPLAINT

UNDER SECTION 3213 OF THE CPLR AND IMMEDIATELY GETTING A JUDGMENT

AND THEN JUST SIMPLY BY-STEPPING THIS ENTIRE PROCESS?

MR. MAGNARELLI: I -- I GUESS THEY COULD.

MR. GOODELL: IS THERE AN EQUAL PROTECTION ISSUE IF

WE REQUIRE ONE LIEN HOLDER, A MORTGAGE HOLDER, TO PAY ALL THESE EXTRA

EXPENSES, BUT WE DON'T REQUIRE ANY OF THE OTHER LIEN HOLDERS TO SHARE IN

ANY OF THOSE EXPENSES; DOESN'T THAT CREATE AN EQUAL PROTECTION ISSUE?

MR. MAGNARELLI: I DON'T BELIEVE IT DOES.

MR. GOODELL: NOW, AS YOU KNOW, THE FEDERAL

CONSTITUTION MAKES IT ILLEGAL - UNCONSTITUTIONAL, SORRY - MAKES IT

UNCONSTITUTIONAL FOR THE LEGISLATURE TO PASS ANY LAW THAT IMPAIRS AN

EXISTING CONTRACT. WHEN WE CHANGE THE RISK FACTORS AND IMPOSE NEW

LIABILITIES ON A BANK, AREN'T WE VIOLATING THE CONSTITUTIONAL PROVISION

THAT PREVENTS US FROM CHANGING A CONTRACT OR IMPAIRING A CONTRACT?

MR. MAGNARELLI: WELL, ALL I CAN GO ON IS WHAT

WE HAVE DONE IN THE PAST. THIS LEGISLATURE HAS IMPOSED OTHER

NYS ASSEMBLY MARCH 27, 2019

RESPONSIBILITIES ON BANKS AND HOLDERS OF MORTGAGES IN THE SITUATIONS

THAT THIS AMENDMENT IS DEALING WITH.

MR. GOODELL: ONE OTHER THING, OF COURSE, IF YOU

ARE A HOMEOWNER IN A CONDO OR COOPERATIVE, TYPICALLY YOU HAVE VOTING

RIGHTS AND YOU CAN MEET ALONG WITH THE OTHER OWNERS AND VOTE WHETHER

OR NOT TO MAKE CAPITAL REPAIRS OR NOT, OR APPROVE THE BUDGET OR NOT.

DOES THIS GIVE A BANK VOTING RIGHTS, AS WELL, OR JUST THE OBLIGATION TO

MAKE PAYMENTS?

MR. MAGNARELLI: I BELIEVE THE BILL IS -- IT'S JUST

THE OBLIGATION TO MAINTAIN THE PROPERTY. THAT'S ALL WE'RE TRYING TO DO.

MR. GOODELL: IF THE BANK IS MAKING ALL THE

PAYMENTS OF THE HOMEOWNERS' ASSOCIATION OR A COOPERATIVE, DOES THAT

GIVE THE RIGHT TO THE BANK TO THEN ALSO USE THE APARTMENT OR SUBLEASE IT

DURING THE FORECLOSURE PROCEEDING?

MR. MAGNARELLI: I -- I GUESS THEY'D HAVE TO

PURSUE THAT IN COURT IF THEY WANTED TO GO IN AND -- AND GET INTO THE

PROPERTY.

MR. GOODELL: THANK YOU VERY MUCH, MR.

MAGNARELLI, FOR YOUR COMMENTS, AND I APPRECIATE IT VERY MUCH.

MR. MAGNARELLI: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: WE SEEM TO HAVE THIS PERCEPTION

THAT BANKS, BECAUSE THEY HAVE OUR MONEY IN THEM IN OUR SAVINGS

ACCOUNT, HAVE UNLIMITED RESOURCES AND, THEREFORE, WE SEEM TO THINK

NYS ASSEMBLY MARCH 27, 2019

THAT IT'S OKAY TO ASK BANKS TO PAY FOR EVERYTHING. AND THIS TAKES IT ONE

STEP FURTHER AND SAYS WE'RE NOW GOING TO TRY TO REQUIRE BANKS TO PAY

SOMEONE ELSE'S CONTRACTUAL OBLIGATIONS OR LEGAL OBLIGATIONS FOR

HOMEOWNERS' FEES THAT MIGHT COVER THE MAINTENANCE OF A POOL OR A

TENNIS COURT, OR INCLUDE, PERHAPS EVEN THE NEIGHBORING GOLF COURSE.

IT'S FUNDAMENTALLY UNFAIR TO SAY TO A BANK, BECAUSE

YOU LOANED MONEY TO ENABLE A PERSON TO BUY A COOPERATIVE OR A CONDO,

THEREFORE, BECAUSE YOU LOANED THEM MONEY, BECAUSE YOU HELPED THEM,

THEREFORE, YOU SHOULD PAY ALL THEIR CONDO FEES OR HOMEOWNERS' FEES,

EVEN THOUGH AT THE TIME YOU MADE THE LOAN, YOU DIDN'T INCLUDE ANY OF

THOSE COSTS OR ANY OF THOSE RISKS IN THE CALCULATION OF THE INTEREST RATE

YOU SHOULD -- YOU SHOULD CHARGE. IN MY OPINION, IT VIOLATES SEVERAL

FUNDAMENTAL CONSTITUTIONAL PROVISIONS, INCLUDING THE CONSTITUTIONAL

PROVISION THAT PREVENTS US FROM IMPAIRING THE VALIDITY OF AN EXISTING

CONTRACT, AND THAT'S EXACTLY WHAT WE'RE DOING, BECAUSE WE'RE GRAFTING

ON A WHOLE NEW CONTRACTUAL OBLIGATION TO AN EXISTING CONTRACTUAL

RELATIONSHIP. IT CREATES EQUAL PROTECTION ISSUES BECAUSE WE TREAT ONE

LIENHOLDER, THE BANK, COMPLETELY DIFFERENT FROM EVERY OTHER LIENHOLDER.

JUDGMENT LIENHOLDER, THEY DON'T HAVE TO MAINTAIN IT; THE CONDO, IF THEY

GET A LIEN, THEY DON'T HAVE TO MAINTAIN IT. THEY DON'T GET A RIGHT, ANY

SUPERIOR RIGHT.

SO, THERE'S EQUAL PROTECTION ISSUES, THERE'S

CONSTITUTIONAL DUE PROCESS ISSUES. CAN YOU IMAGINE, IF YOU'RE IN A

CONTRACT WITH SOMEBODY, YOU LEND SOMEBODY SOME MONEY, AND YOU

LATER FIND OUT THAT BECAUSE YOU LENT THEM MONEY, YOU HAVE TO PAY THEIR

NYS ASSEMBLY MARCH 27, 2019

BILLS TO SOMEBODY ELSE? I MEAN, NOT ONLY IS THE BORROWER NOT PAYING

YOU, NOW YOU'RE OBLIGATED TO PAY THE BORROWER'S BILLS TO SOME

THIRD-PARTY. THAT'S EXACTLY WHAT THIS BILL DOES. THAT'S WHY IT VIOLATES

DUE PROCESS. AND WHAT IS THE LONG-TERM RAMIFICATION? IF WE PASS THIS

BILL, I'LL TELL YOU WHAT THE LONG-TERM RAMIFICATION IS. IT INCREASES THE

RISKS TO BANKS WHO LEND MONEY TO HELP PEOPLE BUY A CONDO OR A

COOPERATIVE. IT INCREASES THEIR RISKS AND WHEN IT INCREASES THEIR RISKS,

THEY RAISE THE INTEREST RATE. AND THAT'S WHAT THIS BILL WILL DO IS IT WILL

INCREASE INTEREST RATES WHILE FLAUNTING THE CONSTITUTIONAL PROVISIONS.

THANK YOU VERY MUCH, SIR, AND THANK YOU TO MY COLLEAGUE.

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. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I WOULD

JUST LIKE TO COMMEND THE SPONSOR FOR -- FOR THIS LEGISLATION. THOSE OF

US WHO'VE HAD AN OPPORTUNITY AS ATTORNEYS TO DEAL WITH MORTGAGE

FORECLOSURE SITUATIONS FIND A LOT OF FRUSTRATION BECAUSE BANKS SEEM TO

WANT TO KEEP PROPERTIES ON THEIR BALANCE SHEET AND NOT END THE PROCESS.

AND WHILE THE PROCESS IS DRAGGING ON, THEY ALLOW THE PROPERTIES TO

BECOME ABANDONED AND THEY BECOME EYESORES IN THE NEIGHBORHOOD. I

HAVE SEEN SEVERAL SITUATIONS WHERE THE BANK WOULD WIN THE LAWSUIT, IN

EFFECT, WHETHER BY STIPULATION, BY DEFAULT OR WHATEVER, AND THEN NOT

NYS ASSEMBLY MARCH 27, 2019

MOVE FORWARD AND THE PROPERTIES WOULD JUST SIT THERE AND SIT THERE AND

SIT THERE. THE BANKS DON'T TAKE CONTROL.

SO, THE LONG-TERM IMPLICATIONS OF THIS LEGISLATION IS

THAT THE BANKS WILL BECOME MORE RESPONSIBLE, THAT THEY WILL BE FORCED

TO FACE THE FACTS THAT THEY ARE THE ONLY ONES WHO CAN CONTROL THE

PROPERTY AND THAT THEY WILL HAVE TO MOVE FORWARD. THEY'D HAVE TO ACT

MORE REASONABLY, THEY'D HAVE TO PUT PEOPLE IN CHARGE OF THESE

PROPERTIES, THEY HAVE TO MOVE THE PROCESS ALONG FASTER SO THAT THE

COMMUNITY DOESN'T SUFFER WHILE THEY SIT THERE WITH ABANDONED

PROPERTIES BUILDING UP THEIR BALANCE SHEETS SO THEY LOOK LIKE THEY'RE

MUCH STRONGER THAN THEY REALLY ARE.

SO, I COMMEND THE SPONSOR OF THIS LEGISLATION AND I DO

URGE ALL OF MY COLLEAGUES TO VOTE FOR IT.

ACTING SPEAKER AUBRY: MR. ABINANTI IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU

CALL ON MR. OTIS FOR AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSES OF A [SIC] ANNOUNCEMENT.

MR. OTIS: FOLLOWING THE CONCLUSION OF SESSION,

THERE WILL BE ADDITIONAL, EXCITING DISCUSSION IN DEMOCRATIC CONFERENCE

NYS ASSEMBLY MARCH 27, 2019

IN THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE IMMEDIATELY FOLLOWING SESSION.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO WE

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: RESOLUTIONS WHICH

WE CAN TAKE 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. 225-226

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED UNTIL 1:00 P.M., THURSDAY, MARCH THE 28TH,

TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY WILL

STAND ADJOURNED.

(WHEREUPON, AT 4:22 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL THURSDAY, MARCH 28TH AT 1:00 P.M., THURSDAY BEING A

SESSION DAY.)