THURSDAY, FEBRUARY 17, 2022 10:35 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN 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 WEDNESDAY, FEBRUARY 16TH.

MS. SOLAGES.

MS. SOLAGES: MR. -- MR. SPEAKER, I MOVE TO

NYS ASSEMBLY FEBRUARY 17, 2022

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY,

FEBRUARY 16TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MS. SOLAGES.

MS. SOLAGES: WELL, GOOD MORNING, MR. SPEAKER

AND ALL MY COLLEAGUES. MEMBERS HAVE -- MAY I HAVE MEMBERS'

ATTENTION SO THAT WE CAN HAVE AN ANNOUNCEMENT AND DISCUSS THE

SCHEDULE FOR THE DAY? MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR.

AFTER ANY HOUSEKEEPING WE WILL TAKE UP THE RESOLUTION ON PAGE 3. WE

WILL THEN CONTINUE ON CONSENT WHERE WE LEFT OFF, BEGINNING WITH

CALENDAR NO. 267 ON PAGE 38 THROUGH CALENDAR NO. 284. WE WILL

THEN TAKE UP CALENDAR NO. 378 BY MS. LUNSFORD ON CONSENT. AT THE

CONCLUSION OF OUR DAY WE WILL TAKE UP TWO RESOLUTIONS SEATING OUR

NEWEST MEMBERS; FROM THE 60TH ASSEMBLY DISTRICT, NIKKI LUCAS, AND

FROM THE 72ND ASSEMBLY DISTRICT, MANNY DE LOS SANTOS. AT A LATER

DATE WE WILL -- WE WILL MORE FORMALLY INTRODUCE THEM, BUT WE WILL

WELCOME BOTH OF THESE NEW MEMBERS TO OUR WONDERFUL, BEAUTIFUL

CHAMBER.

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

THERE IS ANY HOUSEKEEPING, NOW WOULD BE THE APPROPRIATE TIME.

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

BUT WE DO HAVE AN INTRODUCTION. I BELIEVE MR. MANKTELOW FOR THE

PURPOSES OF AN INTRODUCTION.

MR. MANKTELOW: THANK YOU, MR. SPEAKER. IT IS

NYS ASSEMBLY FEBRUARY 17, 2022

MY PRIVILEGE TODAY TO FOR THE FIRST TIME IN FOUR YEARS TO HAVE MY WIFE

CRYSTAL UP HERE ON THE FLOOR WITH ME, AND I ASK, MR. SPEAKER, THAT YOU

EXTEND ALL THE CORDIALITIES OF THE HOUSE AND IT IS MY PRIVILEGE TO HAVE

HER HERE WITH US TODAY. AND THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF YOUR HUSBAND, THE SPEAKER AND ALL THE MEMBERS, MRS. MANKTELOW,

WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU

THE PRIVILEGES OF THE HOUSE, AND OUR DEEP CONDOLENCES BECAUSE WE LIVE

WITH HIM LIKE YOU DO.

(LAUGHTER)

THANK YOU SO VERY MUCH. WE'RE HAPPY TO HAVE YOU.

(APPLAUSE)

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: YOU'RE QUITE

WELCOME.

ON PAGE 3, RESOLUTIONS, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 572, MS. MCMAHON.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM FEBRUARY 21, 2022 AS MOTHER LANGUAGE

DAY IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF

INTERNATIONAL MOTHER LANGUAGE DAY.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

PAGE 38, CALENDAR NO. 267.

NYS ASSEMBLY FEBRUARY 17, 2022

THE CLERK: ASSEMBLY NO. A07686, CALENDAR NO.

267, FRONTUS. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO

PROVIDING CRISIS INTERVENTION TEAM TRAINING, MENTAL HEALTH FIRST AID,

IMPLICIT BIAS TRAINING AND NALOXONE TRAINING TO FIREFIGHTERS AND

EMERGENCY MEDICAL SERVICES PERSONNEL.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 7686. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

(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. A07695, CALENDAR NO.

268, ENGLEBRIGHT. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION

LAW, IN RELATION TO LAND USE PLAN PROVISIONS FOR SCIENTIFIC RESEARCH

RELATING TO THE RESOURCES OF THE CENTRAL PINE BARRENS AND TO THE

PROCESSING AND APPROVAL OF LAND USE APPLICATIONS FOR PROJECTS RELATING

TO THE CENTRAL PINE BARRENS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07696, CALENDAR NO.

269, BARRETT, CUSICK. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN

RELATION TO PROHIBITING DEVELOPMENT OF BUILD-READY SITES ON VIABLE

NYS ASSEMBLY FEBRUARY 17, 2022

AGRICULTURAL LAND.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07704, CALENDAR NO.

270, FERNANDEZ. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

PROVIDING BEHAVIORAL HEALTH PARITY (PART A); AND TO AMEND THE

INSURANCE LAW, IN RELATION TO THE AUTHORIZATION FOR CERTAIN DRUGS FOR THE

DETOXIFICATION OR MAINTENANCE OF A SUBSTANCE USE DISORDER (PART B).

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07705, CALENDAR NO.

271, WALKER. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

RELATION TO ISSUANCE OF APPEARANCE TICKETS TO ADOLESCENT OFFENDERS

PENDING APPEARANCES BEFORE YOUTH PARTS OF SUPERIOR COURTS OF CRIMINAL

JURISDICTION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07710, CALENDAR NO.

272, ENGLEBRIGHT. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION

LAW, IN RELATION TO THE REGULATION OF TAKING CRABS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 7710. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY FEBRUARY 17, 2022

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07728-A, CALENDAR

NO. 273, STERN, BRONSON, STIRPE, GRIFFIN, SANTABARBARA. AN ACT TO

AMEND THE STATE FINANCE LAW, IN RELATION TO THE EXCELSIOR LINKED

DEPOSIT 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 ON ASSEMBLY PRINT 7728-A. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(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. A07737-B, CALENDAR

NO. 274, WEINSTEIN, WALKER, ZINERMAN, SOLAGES, SEAWRIGHT, COLTON,

SIMON, ZEBROWSKI, PRETLOW, BURDICK, BRONSON, DAVILA, ENGLEBRIGHT,

DINOWITZ, GLICK, SAYEGH, ABINANTI, EICHENSTEIN, D. ROSENTHAL,

WEPRIN, GALLAGHER. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND

PROCEEDINGS LAW AND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO

THE RIGHTS OF PARTIES INVOLVED IN FORECLOSURE ACTIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

NYS ASSEMBLY FEBRUARY 17, 2022

THE CLERK: ASSEMBLY NO. A07768-A, CALENDAR

NO. 275, KELLES, THIELE, MAGNARELLI, CLARK, BARRETT, LUPARDO, COLTON,

PERRY, GOTTFRIED, L. ROSENTHAL, STECK, ABINANTI. AN ACT TO AMEND THE

PUBLIC SERVICE LAW, IN RELATION TO CERTIFICATE AND PERMIT CONDITIONS FOR

DORMANT POWER GENERATING FACILITIES THAT ARE IN LAYUP OR OUT OF SERVICE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07785, CALENDAR NO.

276, WOERNER, STIRPE. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW, IN RELATION TO BIG-GAME HUNTING SEASON.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07786, CALENDAR NO.

277, CAHILL. AN ACT IN RELATION TO REQUIRING THE DEPARTMENT OF

FINANCIAL SERVICES, IN CONSULTATION WITH THE DEPARTMENT OF TAX AND

FINANCE, TO CONDUCT A STUDY REGARDING INSURANCE OR OTHER RISK

MITIGATION TOOLS AND THIRD-PARTY PAYROLL SERVICE PROVIDERS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 7786. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY FEBRUARY 17, 2022

THE CLERK: ASSEMBLY NO. A07797, CALENDAR NO.

279, RAJKUMAR. AN ACT TO AMEND THE COURT -- THE COURT -- COURT OF

CLAIMS ACT, IN RELATION TO ALLOWING FOR DISMISSAL OF A CLAIM BASED ON

CLAIMANT'S FAILURE TO COMPLY WITH PLEADING REQUIREMENTS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 7797. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. PALMESANO.

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

COULD YOU PLEASE RECORD OUR COLLEAGUE MR. NORRIS IN THE NEGATIVE ON

THIS BILL, PLEASE?

ACTING SPEAKER AUBRY: MR. NORRIS IN THE

NEGATIVE. SO NOTED. THANK YOU, SIR.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07926, CALENDAR NO.

280, L. ROSENTHAL, MEEKS, SIMON, EPSTEIN, ZINERMAN, GALEF,

FERNANDEZ, BURGOS, GOTTFRIED, STECK. AN ACT TO AMEND THE PENAL LAW,

IN RELATION TO REQUIRING SEMIAUTOMATIC PISTOLS MANUFACTURED OR

DELIVERED TO ANY LICENSED DEALER IN THIS STATE TO BE CAPABLE OF

NYS ASSEMBLY FEBRUARY 17, 2022

MICROSTAMPING AMMUNITION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07938, CALENDAR NO.

281, ASHBY. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION

TO DESIGNATING THE ANIMAL CONTROL OFFICER IN THE TOWN OF SAND LAKE AS

A PEACE OFFICER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 7938. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. SOLAGES.

MS. SOLAGES: MR. SPEAKER, CAN YOU PLEASE RECORD

MY COLLEAGUE MS. GONZ�LEZ-ROJAS IN THE NEGATIVE?

ACTING SPEAKER AUBRY: SO NOTED.

MS. SOLAGES: THANK YOU.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

MS. SOLAGES: IT'S ALWAYS NICE TO WELCOME NEW

MEMBERS BACK, AND SO BACK IN THE CHAMBER WE HAVE OUR FORMER

NYS ASSEMBLY FEBRUARY 17, 2022

COLLEAGUE RAFAEL ESPINAL, JR. WHO HAS COME TO VISIT US. AND SO, MR.

SPEAKER, IF CAN YOU GIVE HIM THE CORDIALITIES OF THE HOUSE WE'D

APPRECIATE THAT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF THE SPEAKER, MS. SOLAGES AND ALL THE MEMBERS, WE WELCOME YOU

BACK. ONCE A MEMBER, ALWAYS A MEMBER. YOU ALWAYS HAVE THE

PRIVILEGES OF THE HOUSE. GOOD TO SEE YOU. AND I SEE YOU BROUGHT NEW

AND FRESH INDIVIDUALS TO US, AND WE APPRECIATE YOU GUIDING THEM

THROUGH THAT JOURNEY. THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08022, CALENDAR NO.

284, DAVILA, BURGOS, ZINERMAN, GONZ�LEZ-ROJAS, DICKENS, CLARK,

GOTTFRIED, PERRY, JOYNER, ANDERSON, REYES, TAYLOR, GALLAGHER,

DINOWITZ, AUBRY, CRUZ, SAYEGH. AN ACT TO AMEND THE CORRECTION LAW,

IN RELATION TO THE ROLE OF THE DEPARTMENT OF CORRECTIONS AND

COMMUNITY SUPERVISION IN PANNING AND FACILITATING THE DISCHARGE OR

RELEASE OF INCARCERATED PERSONS TO THE COMMUNITY.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

PAGE 46, CALENDAR NO. 378, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08852-A, CALENDAR

NO. 378, LUNSFORD. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND

RULES, IN RELATION TO INSURANCE DISCLOSURES; AND TO AMEND A CHAPTER OF

THE LAWS OF 2021 AMENDING THE CIVIL PRACTICE LAW AND RULES RELATING

T INSURANCE DISCLOSURES, AS PROVIDED IN LEGISLATIVE BILLS NUMBERS S.7052

NYS ASSEMBLY FEBRUARY 17, 2022

AND A.8041, IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

LUNSFORD, 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 ON SENATE PRINT 7882-A. THIS IS A PARTY VOTE. ANY MEMBER

WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION

FOR THE REASONS I'LL EXPLAIN IN A MOMENT. THANK YOU, SIR. THOSE WHO

WISH TO VOTE IN FAVOR IT, OF COURSE, ARE ENCOURAGED TO CALL THE MINORITY

LEADER'S OFFICE AND WE'LL RECORD THEIR VOTE ACCORDINGLY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: AS NOTED. THANK

YOU.

MS. SOLAGES.

MS. SOLAGES: I WOULD LIKE TO REMIND MY

COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS BE RECORDED IN

THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS I ASK THE MAJORITY

MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER

NYS ASSEMBLY FEBRUARY 17, 2022

PREVIOUSLY PROVIDED AND I WILL THEN ANNOUNCE THEIR NAME ACCORDINGLY.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. THIS IS A CHAPTER

AMENDMENT THAT DEALS WITH THE OBLIGATION OF DEFENSE COUNSEL TO

PROVIDE COPIES OF ALL THE INSURANCE INFORMATION FOR THEIR CLIENT. THE

ORIGINAL BILL THAT WAS PASSED LAST YEAR WAS OPPOSED UNANIMOUSLY BY THE

REPUBLICAN CONFERENCE BECAUSE IT DISTORTS WHAT SHOULD BE A SYSTEM OF

JUSTICE THAT FOCUSES ON WHAT THE ACTUAL LIABILITY IS OF THE DEFENDANT, IF

ANY, AND WHAT THE AMOUNT OF DAMAGES, IF ANY, SHOULD BE. AND

UNFORTUNATELY, SOME OF US THINK THIS IS PART OF AN EFFORT TO ENSURE THAT

ATTORNEYS AND THEIR POCKETBOOK COMES FIRST AND THE JUSTICE SYSTEM

COMES SECOND. WE'VE ALWAYS BEEN CONCERNED, OF COURSE, WHEN WE SEE

ALL THESE ADVERTISEMENTS FOR LAWYERS URGING PEOPLE TO CALL THEM. AND

YOU MIGHT SAY, HOW CAN THEY PAY FOR ALL THESE INCREDIBLY EXPENSIVE

TELEVISION ADVERTISING? AND THE ANSWER IS, THEY GET A PERCENTAGE OF

EVERY CASE. AND SO IF YOU SETTLED A PERSONAL INJURY ACTION, FOR

EXAMPLE, THE ATTORNEY WON'T TAKE ANY MORE FROM ONE-QUARTER TO

ONE-THIRD OF THE ENTIRE AMOUNT. AND THAT CAN BE SUBSTANTIAL. AND SO

WHAT THIS CHAPTER AMENDMENT SAYS IS YOU HAVE TO PROVIDE THE ATTORNEY

RIGHT AT THE BEGINNING OF THE CASE WITH ALL THE INSURANCE INFORMATION SO

THAT THE ATTORNEY KNOWS RIGHT AT THE BEGINNING HOW MUCH GOLD IS AT THE

END OF THAT RAINBOW. AND THIS MAKES SURE THAT OUR ATTORNEY COLLEAGUES

KNOW HOW MUCH EFFORT TO PUT IN, HOW MUCH CASH THEY'LL MAKE IF THEY

NYS ASSEMBLY FEBRUARY 17, 2022

SETTLE A CASE, HOW MUCH THE CASE IS WORTH RIGHT FROM THE BEGINNING. SO

RATHER THAN FOCUSING ON THE MERITS OF THE CASE AND THE ACTUAL DAMAGES,

THEY KNOW HOW MUCH CASH IS INVOLVED AND IT DISTORTS THE WHOLE

PROCESS.

NOW, THE CHAPTER AMENDMENT MAKES THE ORIGINAL BILL

SOMEWHAT BETTER BECAUSE THE ORIGINAL BILL REQUIRED THAT DISCLOSURE TO BE

WITHIN 60 DAYS AND THIS CHAPTER AMENDMENT MOVES IT TO 90 DAYS. BUT

IT DOESN'T ADDRESS THE FUNDAMENTAL PROBLEM, THAT IS, THE FOCUS ON THE

ATTORNEYS' POCKETBOOK RATHER THAN THE JUSTICE FOR THE PLAINTIFF. AND FOR

THAT REASON I'LL OPPOSE IT AND RECOMMEND MY COLLEAGUES DO THE SAME.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MS. LUNSFORD TO EXPLAIN HER VOTE.

MS. LUNSFORD: THANK YOU VERY MUCH, MR.

SPEAKER. THE PURPOSE OF THIS BILL IS SIMPLY TO CLARIFY THE NATURE,

TIMING AND SCOPE OF INSURANCE DISCLOSURE. IT'S TO STOP GAMESMANSHIP

FROM INSURANCE COMPANIES PREVENTING PLAINTIFFS ATTORNEYS AND TRIAL

ATTORNEYS FROM UNDERSTANDING WHO THEY ARE SEEKING INFORMATION FROM,

WHICH ATTORNEYS NEED TO BE INVOLVED, AND DELAYING JUSTICE FOR THE

PEOPLE OF THIS STATE WHO ARE SEEKING REDRESS FOR HARMS AGAINST THEM.

THIS CHANGE HELPS CLARIFY THE TIMING. IT HELPS RELIEVE SOME UNDUE

BURDENS ON LARGER ORGANIZATIONS THAT HAVE MANY CLAIMS. HAPPY TO

MAKE THOSE CHANGES. AND IT CLARIFIES THAT THE RELEVANT POLICIES SIMPLY

NEED TO BE DISCLOSED IN A REASONABLE AMOUNT OF TIME SO THAT ATTORNEYS

NYS ASSEMBLY FEBRUARY 17, 2022

ARE NOT TWO, THREE, FOUR YEARS INTO A CASE AND SUDDENLY FINDING OUT

THERE'S ANOTHER INSURANCE COMPANY INVOLVED, ANOTHER ATTORNEY INVOLVED

TO MAKE THIS CASE TAKE EVEN LONGER FOR THEIR CLIENTS. YOU KNOW, THESE

QUESTIONS OF RELEVANCY, WHICH ARE OF COURSE FOR THE COURTS TO DECIDE,

ARE SOMETHING THAT WE ARE CONSTANTLY FIGHTING WITH INSURANCE

COMPANIES ABOUT. SO WHAT THESE CHAPTER AMENDMENTS DO IS SIMPLY

CLARIFY WHAT IS EXPECTED OF PLAYERS IN A GAME THAT IS RIGGED AGAINST

PEOPLE IN THIS STATE, AND I'M HAPPY TO SPONSOR THIS BILL.

THANK YOU.

ACTING SPEAKER AUBRY: MS. LUNSFORD IN THE

AFFIRMATIVE.

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. THE

SPONSOR OF THIS LEGISLATION JUST GAVE A VERY GOOD EXPLANATION THAT THIS

IS PURELY A TECHNICAL AMENDMENT THAT MAKES IT CLEAR WHAT WE DID LAST

YEAR. SOME PEOPLE ARE TRYING TO TURN THIS LEGISLATION INTO AN ATTACK ON

THE SYSTEM OF -- OF THE LAWYERS GETTING A PERCENTAGE OF THE TAKE AT THE

END AND SAYING THAT THAT IS A -- A BAD SYSTEM, WHILE THE ONES WHO

BENEFIT BY DOING AWAY WITH THE CONTINGENCY APPROACH ARE THE

INSURANCE COMPANIES, ARE THE DEFENDANTS, BECAUSE POOR PEOPLE CANNOT

AFFORD TO HIRE A LAWYER. AND WHEN A POOR PERSON IS DAMAGED, THE ONLY

WAY THEY CAN GET A LAWYER IS IF THE LAWYER WORKS ON A CONTINGENCY.

SIMILARLY, GOOD DISCLOSURE LIMITS THE AMOUNT OF LITIGATION IN COURT. IF A

PLAINTIFF'S LAWYER UNDERSTANDS THAT THERE'S ONLY A $10,000 POLICY, THEY

WILL NOT ASK FOR $400,000 EVEN IF $400,000 WORTH OF DAMAGES IS

NYS ASSEMBLY FEBRUARY 17, 2022

WARRANTED BECAUSE THEY WILL KNOW THAT DEFENDANT CANNOT PAY $400,000

AND THEY WILL SETTLE THE CASE MUCH QUICKER.

THIS MAKES THE SYSTEM -- THIS BILL MAKES THE SYSTEM

MORE EFFICIENT AND FAIRER FOR EVERYONE. THEREFORE, I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ABINANTI IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY

COLLEAGUE MR. MONTESANO IN THE AFFIRMATIVE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

MS. SOLAGES: MR. SPEAKER, WE WILL NOW TAKE UP

TWO RESOLUTIONS FOR THE PURPOSE OF SEATING OUR NEWEST MEMBERS.

ACTING SPEAKER AUBRY: THE CLERK WILL READ

THE TITLE OF THE RESOLUTIONS.

THE CLERK: ASSEMBLY NO. 576, MR. HEASTIE.

ASSEMBLY RESOLUTION IN RELATION TO THE ELECTION AND

SEATING OF NIKKI LUCAS AS A MEMBER OF THE ASSEMBLY FROM THE 60TH

ASSEMBLY DISTRICT.

NYS ASSEMBLY FEBRUARY 17, 2022

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON THE RESOLUTION, 576. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE RESOLUTION IS ADOPTED.

(APPLAUSE)

MS. LUCAS -- ASSEMBLYMEMBER LUCAS, WE WELCOME

YOU HERE TO THE NEW YORK STATE ASSEMBLY. THIS IS THE FAMILY THAT IS

YOU HAVE JOINED. WE HOPE THAT YOUR TIME HERE WILL BE BENEFICIAL AND

THAT YOU WILL FIND THE PURPOSE THAT YOU SOUGHT. THANK YOU SO VERY

MUCH, AND WELCOME.

(APPLAUSE)

THE CLERK WILL READ THE TITLE OF THE RESOLUTION.

THE CLERK: ASSEMBLY NO. 577, MR. HEASTIE.

ASSEMBLY RESOLUTION IN RELATION TO THE ELECTION AND

SEATING OF MANNY DE LOS SANTOS AS A MEMBER OF THE ASSEMBLY FROM

THE 72ND ASSEMBLY DISTRICT.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON RESOLUTION 577. THIS IS A FAST ROLL CALL. ANY MEMBER WHO

WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY FEBRUARY 17, 2022

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE RESOLUTION IS ADOPTED.

(APPLAUSE)

ASSEMBLYMEMBER DE LOS SANTOS, WELCOME TO THE

NEW YORK STATE ASSEMBLY. AGAIN, YOU JOINED THIS FAMILY. WE ARE

HAPPY TO HAVE YOU. AND YOU AND ASSEMBLYMEMBER LUCAS ARE FOREVER

BOUND AS A PARTY OF TWO THAT ARRIVED AT THE SAME DATE. WE ARE HAPPY

THAT YOU ARE HERE. HOPE THAT YOUR TIME HERE WILL BE SUCCESSFUL AND THAT

YOU WILL ACHIEVE THE THINGS THAT YOU SEEK TO ACHIEVE HERE IN THIS BODY.

THANK YOU AGAIN, AND WELCOME.

(APPLAUSE)

MS. SOLAGES.

MS. SOLAGES: MR. SPEAKER, DO WE HAVE ANY

FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE DO 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. 573-575 AND

578 WERE UNANIMOUSLY ADOPTED.)

MS. SOLAGES.

MS. SOLAGES: I NOW MOVE THAT THE ASSEMBLY

STAND ADJOURNED UNTIL FRIDAY, FEBRUARY 18TH, TOMORROW BEING A

LEGISLATIVE DAY, AND THAT WE RECONVENE AT 2:00 P.M., FEBRUARY 28TH --

NYS ASSEMBLY FEBRUARY 17, 2022

FEBRUARY 28TH -- THAT MONDAY BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 11:20 A.M., THE HOUSE STOOD

ADJOURNED UNTIL FRIDAY, FEBRUARY 18TH, THAT BEING A LEGISLATIVE DAY,

AND TO RECONVENE ON MONDAY, FEBRUARY 28TH AT 2:00 P.M., THAT BEING A

SESSION DAY.)