MONDAY, MARCH 18, 2024 3:00 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF SATURDAY, MARCH 16TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY MARCH 18, 2024

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SATURDAY, MARCH

THE 16TH AND THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR.

COLLEAGUES THAT ARE IN THE CHAMBERS, AS WELL AS GUESTS THAT ARE HERE, I'D

LIKE TO SHARE WITH YOU A QUOTE. THIS ONE COMES FROM SHIRLEY

CHISHOLM. SHE IS AN AMERICAN POLITICIAN -- AS AN AMERICAN POLITICIAN

IN 1968 BECAME THE FIRST BLACK WOMAN TO BE ELECTED TO THE UNITED

STATES CONGRESS. HER WORDS FOR US TODAY: YOU DON'T MAKE PROGRESS BY

STANDING ON THE SIDELINES, WHIMPERING AND COMPLAINING. YOU MAKE

PROGRESS BY IMPLEMENTING IDEAS. AGAIN, THIS IS FROM SHIRLEY

CHISHOLM.

MEMBERS HAVE ON THEIR DESK A MAIN CALENDAR AND A

DEBATE LIST. AFTER YOU HAVE DONE ANY INTRODUCTIONS AND/OR

HOUSEKEEPING, MR. SPEAKER, WE'RE GONNA TAKE UP RESOLUTIONS ON --

CALENDAR -- CALENDAR RESOLUTIONS, THEY'RE ON PAGE 3, AND THEN WE'RE

GONNA CONTINUE WITH OUR WORK CONSENTING BILLS FROM THE MAIN

CALENDAR, BEGINNING WITH CALENDAR NO. 163 ALL THE WAY TO CALENDAR

NO. 186. WE WILL TAKE UP THE FOLLOWING BILLS ON DEBATE: CALENDAR NO.

81 BY MS. PHEFFER AMATO, AND CALENDAR NO. 29 BY MR. DINOWITZ.

THERE MAY BE A NEED TO ANNOUNCE FURTHER FLOOR ACTIVITY; IF SO, MR.

SPEAKER, I WILL DO SO AT THAT TIME. HOWEVER, MEMBERS SHOULD BE

AWARE THAT THERE WILL BE A JOINT BUDGET SUBCOMMITTEE. THEY BEGIN

NYS ASSEMBLY MARCH 18, 2024

TODAY AT 5:00 P.M., AND THOSE WHO ARE ON THOSE JOINT BUDGET

SUBCOMMITTEES KNOW THE ROOMS AND HEARING ROOMS THAT YOU SHOULD BE

IN BY 5:00 P.M., BUT WE WILL DO THAT AT 5:00 P.M. TODAY.

SO THAT'S A REGULAR GENERAL OUTLINE OF WHERE WE ARE

TODAY, MR. SPEAKER. IF YOU HAVE ANY INTRODUCTIONS OR HOUSEKEEPING,

NOW WOULD BE A GREAT TIME, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

WE DO HAVE ONE PIECE OF HOUSE -- HOUSEKEEPING.

ON A MOTION BY MS. LUNSFORD, PAGE 34, CALENDAR NO.

349, BILL NO. A07494-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

FOR THE PURPOSES OF A INTRODUCTION, MS. ROZIC.

MS. ROZIC: THANK YOU, MR. SPEAKER, AND MADAM

MAJORITY LEADER, JEFF. ONE-HUNDRED-AND-SIXTY-FOUR-DAYS AFTER THEIR

SON, NEW YORK NATIVE OMER NEUTRA, WAS KIDNAPPED AND TAKEN HOSTAGE

IN GAZA, RONEN AND ORNA NEUTRA, WHO JOIN ME TODAY, ARE HERE TO TELL

AND CONTINUE TELLING THEIR -- HIS STORY. OMER IS LIKE EVERY NEW YORKER

I KNOW, HE'S LIKE EVERY NEW YORKER YOU KNOW. GROWING UP IN LONG

ISLAND, HE'S A FAN OF THE KNICKS, HE WENT TO DAY SCHOOL WHERE HE WAS

CAPTAIN OF HIS HIGH SCHOOL BASKETBALL TEAM, HIS VOLLEYBALL TEAM AND THE

SOCCER TEAM WHENEVER NECESSARY. HE WAS ACTIVE IN HIS YOUTH GROUP,

USY. HE DECIDED TO SPEND A GAP YEAR IN ISRAEL, PUTTING OFF HIS PLANS TO

ATTEND COLLEGE AT BINGHAMTON UNIVERSITY. AGAIN, THIS IS LIKE EVERY

NEW YORK KID I KNOW.

TODAY THEY'RE HERE TO MEET WITH ALL OF YOU, AND MANY

NYS ASSEMBLY MARCH 18, 2024

OF YOU HAVE MET WITH THEM. WE'RE HERE TO RAISE AWARENESS FOR OMER

AND ALL THE AMERICAN CITIZENS WHO ARE STILL HOSTAGES. I WANT PEOPLE TO

UNDERSTAND THE GRAVITY OF THE SITUATION AND TO UNDERSTAND HOW

CLOSELY-KNIT THE JEWISH COMMUNITY HERE IN NEW YORK REALLY IS. WE

ARE ALL CONNECTED IN SOME WAY. BUT JEWISH OR NOT JEWISH, THIS REALLY

HITS HOME FOR EVERY NEW YORKER, FOR EVERY AMERICAN. WE STILL DON'T

KNOW WHERE OMER IS OR IF HE'S SAFE, OR WHAT HIS STATUS IS, AND AS STATE

LEADERS, YOU KNOW, WE LEND OUR SUPPORT TO SO MANY CAUSES HERE. I'M

HONORED TODAY TO JUST HELP PLAY A SMALL ROLE IN BRINGING THE NEUTRA'S UP

TO TELL THEIR STORY, TO HAVE THEM IN ALBANY, AND TO CONTINUE ADVOCATING

FOR OMER. BUT I HOPE THAT EACH AND EVERY ONE OF YOU WILL TAKE UP THE

CAUSE AS WELL, TO UPLIFT HIS NAME, HIS VOICE AND HIS STORY. WE'RE HERE TO

DO ANYTHING WE CAN TO HELP OMER AND HIS FAMILY.

SO WITH THAT, MR. SPEAKER, I REALLY THANK YOU FOR THE

TIME, FOR THE ATTENTION. AND ON BEHALF OF MYSELF, ASSEMBLYMEMBERS

LAVINE, STERN, AND BLUMENCRANZ, I HOPE THAT YOU WILL EXTEND THE

CORDIALITIES OF THE FLOOR AND BRING RESPECT AND HONOR TO OMER NEUTRA

AND HIS -- HIS PARENTS, ORNA AND RONEN.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR. KNOW THAT YOUR FAMILY AND YOUR SON ARE IN OUR THOUGHTS AND

PRAYERS. WE HOPE FOR A SAFE RETURN. PLEASE KNOW YOU'RE ALWAYS

WELCOME HERE, WE WILL ALWAYS BE BEHIND YOU. THANK YOU.

(APPLAUSE)

NYS ASSEMBLY MARCH 18, 2024

MR. FALL FOR THE PURPOSES OF A INTRODUCTION.

MR. FALL: THANK YOU, MR. SPEAKER. I RISE TODAY

DURING THIS WOMEN'S HISTORY MONTH TO INTRODUCE A SOARING FIGURE FROM

STATEN ISLAND. KAMORA FREELAND, WHO'S RIGHT HERE IN THE BACK IN BLUE,

WHO HAS RECENTLY NAVIGATED THE SKIES TO BECOME THE YOUNGEST

AFRICAN-AMERICAN FEMALE LICENSED PILOT IN NEW YORK STATE AT JUST

17 YEARS OLD. KAMORA'S JOURNEY BEGAN NOT IN THE CLOUDS, BUT WITH HER

FEET FIRMLY ON THE GROUND WITH A DREAM SHAPED UNEXPECTEDLY FROM A

MARINE BIOLOGY ASPIRATION TO THE VAST EXPANSE OF THE AVIATION WORLD,

THANKS TO THE FORESIGHT OF HER MOTHER, LAKEMA, AND HER DAD, DAVID,

WHO ARE JOINED WITH HER TODAY.

DESPITE THE TURBULENCE OF LEARNING THE GRAVITY OF

EXPECTATIONS, KAMORA HAS FLOWN PAST OBSTACLES, COMPLETED SOLO AND

CROSS-COUNTRY FLIGHTS, AND EVEN PILOTED HER MOTHER SAFELY TO MARTHA'S

VINEYARD, A REMARKABLE FEAT FOR A HIGH SCHOOL SENIOR. HER JOURNEY IS

MORE THAN JUST AN INDIVIDUAL ACCOMPLISHMENT, IT'S AN INSPIRATION FOR

YOUNG WOMEN OF COLOR CHALLENGING THE STATUS QUO AND FLYING INTO THE

FACE OF HISTORY. AS WE ACKNOWLEDGE HER FLIGHT ACHIEVEMENTS, LET'S ALSO

RECOGNIZE HER ACADEMIC AMBITIONS. KAMORA PLANS TO CONTINUE HER

ASCENT AND KNOWLEDGE IN LEADERSHIP AT SPELMAN COLLEGE THIS FALL WHERE

-- WHERE SHE RECEIVED A FULL SCHOLARSHIP, AND THERE'S NO DOUBT THAT

SHE'LL CONTINUE TO ELEVATE HER POTENTIAL AND AIM FOR NEW HEIGHTS.

IN HONORING KAMORA, WE ALSO COMMEND HER

COMMITMENT TO EDUCATION AND HER DESIRE TO BLEND THE REALMS OF

ACADEMIA AND AVIATION, IT'S WITH GREAT PRIDE THAT WE WATCH A YOUNG

NYS ASSEMBLY MARCH 18, 2024

WOMAN FROM OUR COMMUNITY SET HER COURSE FOR SUCCESS BOTH IN THE

SKIES AND IN THE CLASSROOMS. KAMORA HAS UNWAVERING SUPPORT FROM

HER FAMILY. I MENTIONED HER MOTHER AND HER FATHER WERE HERE, BUT ALSO

SHE HAS A GREAT AMOUNT OF SUPPORT FROM HER SISTER, MARIAMA, AND HER

BROTHERS, CHAD, CAMERON, AND HER DEVOTED GRANDPARENTS. THE NUMBER

OF FAMILY MEMBERS, INCLUDING MEMBERS OF THE TUSKEGEE AIRMEN

JOINED WITH HER TODAY REALLY SPEAKS VOLUMES OF THE STRONG FAMILY

SUPPORT BENEATH HER WINGS.

SO I -- IN ADDITION TO JUST, YOU KNOW, HER INCREDIBLE

ACCOMPLISHMENTS, I DO WANT TO HIGHLIGHT THAT SHE'S ALSO A CERTIFIED

BIRTHING DOULA, A CERTIFIED LIFEGUARD, NATIONAL SECURITY -- NATIONAL

HONOR SECURITY [SIC], AND PRESIDENTIAL SCHOLARSHIP -- SHE RECEIVED A

PRESIDENTIAL SCHOLARSHIP AT KINGSBOROUGH HIGH SCHOOL.

SO MR. SPEAKER, IF YOU COULD KINDLY WELCOME

KAMORA AND HER FAMILY AND EXTEND THE PRIVILEGES OF THE FLOOR TO HER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. FALL, THE SPEAKER AND ALL THE MEMBERS, KAMORA AND FAMILY, WE

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

PRIVILEGES OF THE FLOOR. JUST ABSOLUTELY IN AWE OF ALL THAT YOU'VE

ACCOMPLISHED AND CAN'T WAIT TO SEE WHAT YOU WILL BRING TO THE WORLD IN

YOUR FUTURE. WE HOPE YOU CONTINUE ON THIS DAZZLING ROAD OF SUCCESS.

CONTINUE TO BE AS RESOURCEFUL AND AS INTELLIGENT AS YOU ARE. THANK YOU

FOR JOINING US TODAY. ALSO, MY DEAR FRIEND DENISE PEASE, WHO IS AN

ADVOCATE FOR THE TUSKEGEE AIRMEN, I WELCOME YOU HERE, TOO. ONE

FROM MY HOMETOWN. SO HAPPY TO SEE YOU ALL, ALL OF THE TUSKEGEE

NYS ASSEMBLY MARCH 18, 2024

AIRMEN WHO WERE HERE TODAY. THANK YOU, AND REMEMBER, YOU ARE

ALWAYS WELCOME HERE. THANK YOU.

(APPLAUSE)

MS. REYES FOR THE PURPOSES OF A INTRODUCTION.

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

ME THE OPPORTUNITY TO INTRODUCE SOME CONSTITUENTS OF MINE THAT ARE

HERE VISITING THE CAPITOL TODAY. WITH US TODAY WE HAVE EDGAR BURGOS

AND HIS TWO BOYS, AVERY BURGOS AND BRANDON RODRIGUEZ, BOTH

STUDENTS AT THE GRAND CONCOURSE ACADEMY IN THE CASTLE HILL SECTION OF

THE BRONX. BOTH OF THESE YOUNG MEN SUFFER FROM HEMOPHILIA AND HAVE

OVERCOME GREAT ADVERSITY. BRANDON IS -- AVERY IS IN THE 6TH GRADE AND

HOPES TO STUDY PERFORMING ARTS; BRANDON IS IN THE 8TH GRADE AND WE'RE

ALSO -- HE WOULD LIKE TO STUDY MEDICINE, BUT WE'RE ALSO CELEBRATING THE

FACT THAT HE'S ONE OF THE FEW STUDENTS IN THE CITY OF NEW YORK THAT HAS

GOTTEN ADMISSION INTO THE VERY COMPETITIVE BRONX HIGH SCHOOL OF

SCIENCE. WE'RE VERY PROUD OF THEM, AND IF YOU CAN -- IF YOU COULD, MR.

SPEAKER, PLEASE WELCOME THEM TO THE FLOOR AND EXTEND TO THEM THE

CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. REYES, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

DYNAMIC FAMILY HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU

THE PRIVILEGES OF THE FLOOR. CONTINUE THE GREAT WORK UNDER THE

LEADERSHIP AND GUIDING OF YOUR FATHER AND MOM. WE HOPE THAT ALL WILL

BE WELL WITH YOU, AND WE WAIT ANXIOUSLY TO SEE WHAT YOUR FUTURES WILL

BRING TO US. THANK YOU SO VERY MUCH.

NYS ASSEMBLY MARCH 18, 2024

(APPLAUSE)

MR. FITZPATRICK FOR THE PURPOSES OF A INTRODUCTION.

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

A PLEASURE FOR ME TO INTRODUCE TO YOU AND THE CHAMBER MR. BOB

POLICASTRO. BOB IS THE EXECUTIVE DIRECTOR OF ANGELA'S HOUSE, WHICH IS

A HOME FOR MEDICALLY-FRAIL CHILDREN. THERE ARE AN ESTIMATED 2,000

CHILDREN ACROSS THE STATE OF NEW YORK WHO ARE ALIVE BECAUSE THEY ARE

DEPENDENT ON MACHINERY, TECHNOLOGY, TO KEEP THEM ALIVE. BOB STARTED

THIS ENDEAVOR YEARS AGO WHEN HIS YOUNG DAUGHTER, ANGELA, PASSED

AWAY FROM COMPLICATIONS -- FROM COMPLICATIONS DUE TO HER CONDITION,

AND BOB TURNED THAT TRAGEDY -- BOB AND HIS WIFE TURNED THAT TRAGEDY

INTO A CAUSE. AND BOB IS HERE TODAY AND TOMORROW TO NOT ONLY THANK

MEMBERS FOR THEIR HELP FOR THIS POPULATION, BUT ALSO TO RAISE AWARENESS

OF SOME CHALLENGES THAT THESE CHILDREN ARE FACING IN THIS YEAR'S BUDGET.

AND SO I WANT TO WELCOME BOB, THANK HIM FOR THE

WORK HE HAS DONE. HE IS TRULY A SAINT AMONG US FOR THE WORK DOES, AND

IF YOU WOULD BE SO KIND, MR. SPEAKER, TO WELCOME HIM TO THE FLOOR AND

OFFER HIM YOUR -- YOUR CUSTOMARY WONDERFUL WELCOME.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. FITZPATRICK, THE SPEAKER AND ALL THE MEMBERS, BOB, WELCOME TO

THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR. AND OUR CONGRATULATIONS AND THANKS FOR THE WORK THAT YOU'RE

DOING TO HELP THOSE WHO CANNOT HELP THEMSELVES. IT IS THE HIGHEST

MEASURE OF WHAT WE BELIEVE A HUMAN BEING SHOULD BE ABOUT. THANK

YOU SO VERY MUCH. WE ARE SO HAPPY THAT YOU'RE HERE TO JOIN US. YOU

NYS ASSEMBLY MARCH 18, 2024

ARE ALWAYS WELCOME HERE, THANK YOU.

(APPLAUSE)

MR. LAVINE FOR THE PURPOSES OF AN INTRODUCTION.

MR. LAVINE: THANKS, MR. SPEAKER. IT'S A UNIQUE

HONOR FOR ME TO RISE TO INTRODUCE MY CONSTITUENT AND FRIEND, JOSH

MIRSKY. AND JOSH IS THE INSPIRATION FOR THE RESOLUTION, PRIVILEGED

RESOLUTION THAT WE SPONSOR TODAY RECOGNIZING NEURODIVERSITY IN THE

STATE OF NEW YORK. IN JOSH'S OWN WORDS, WHEN HE WAS A KID, HE WAS

TREATED WITH A LOT OF ANGER AND RESENTMENT AND HARASSMENT. HE LEARNED

FROM HIS MOM TO ALWAYS FIGHT FOR WHAT WAS RIGHT AND NEVER GIVE UP.

AND HIS WONDERFUL MOM, KAREN, IS WITH US TODAY AS WELL, BUT SHE'LL BE

ANGRY IF I MENTION HER NAME. HIS PARENTS USED TO TAKE HIM AS A KID TO

THE AIR POWER -- AMERICAN AIR POWER MUSEUM, A WONDERFUL FACILITY IN

FARMINGDALE, NEW YORK, WHERE HE WENT ON TO BECOME A DOCENT AND AN

EXPERT AND LECTURED ON AMERICAN'S ROLE -- AIR ROLE IN THE SECOND WORLD

WAR. AND IN 2019, HE WANTED TO SHARE HIS STORY OF NEVER GIVING UP

AND ABOUT HELPING OTHERS. SO HE HAS A PODCAST, SOUNDS LIKE AUTISM,

AND HE CREATED THAT AND HAS DONE A TED TALK AS WELL. AND AFTER 2020,

HE SAW A LOT OF HOPELESSNESS IN THE NEURODIVERGENT COMMUNITY, AND HE

KNEW SOMETHING NEEDED TO BE DONE, AND HE DESIGNED A BEAUTIFUL,

BEAUTIFUL FLAG FOR THE NEURODIVERSE COMMUNITY. SO JOSH HAS A REAL

INTEREST IN GOVERNMENT, AND I WOULD BE SURPRISED IF BEFORE TOO LONG,

JOSH IS SERVING SOMEWHERE IN GOVERNMENT AND REPRESENTING OUR ENTIRE

COMMUNITY.

SO WITH THAT IN MIND, MR. SPEAKER, WILL YOU PLEASE

NYS ASSEMBLY MARCH 18, 2024

EXTEND TO JOSH ALL THE CORDIALITIES OF THE HOUSE?

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. LAVINE, THE SPEAKER AND ALL THE MEMBERS, JOSH, WELCOME HERE

TO THE NEW YORK STATE ASSEMBLY, THE PEOPLE'S HOUSE. WE EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. OUR THANKS FOR THE WORK THAT YOU'RE

DOING TO HELP THOSE WHO ARE DESPERATELY IN NEED. PLEASE CONTINUE THAT

GREAT WORK, KNOW THAT YOU WILL ALWAYS HAVE US HERE FOR YOU, AND YOU

ARE ALWAYS WELCOME HERE. THANK YOU, SIR.

(APPLAUSE)

RESOLUTIONS ON PAGE 3, THE CLERK WILL READ THE TITLE OF

THE RESOLUTION.

THE CLERK: ASSEMBLY RESOLUTION NO. 797, MR.

ZEBROWSKI.

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

CONCERNING THE RESCISSION OF ALL PREVIOUS REQUESTS BY THE NEW YORK

STATE LEGISLATURE OR EITHER HOUSE THEREOF FOR A CONVENTION UNDER

ARTICLE V OF THE UNITED STATES CONSTITUTION.

ACTING SPEAKER AUBRY: THE RESOLUTION IS LAID

ASIDE.

THE CLERK: ASSEMBLY RESOLUTION NO. 966, MS.

PHEFFER AMATO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 18, 2024, AS TRANSIT EMPLOYEE

APPRECIATION DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

NYS ASSEMBLY MARCH 18, 2024

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 967, MR.

LAVINE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 18-24, 2024, AS NEURODIVERSITY

CELEBRATION WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. LAVINE ON THE

RESOLUTION.

MR. LAVINE: THANKS SO MUCH, MR. SPEAKER. THIS

IS TRULY A SIGNIFICANT STEP FOR ALL OF US. I WANT TO BEGIN WITH A QUOTE BY

THE SOCIAL SCIENTIST JUDY SINGER WHO FIRST COINED THE TERM

NEURODIVERSITY. SHE HAD DEDICATED HER CAREER TO FIGHTING FOR GREATER

UNDERSTANDING AND ACCEPTANCE OF THOSE WHO ARE NEURODIVERGENT. IN HER

WORDS, "NEURODIVERSITY IS NOT JUST A MATTER OF SOCIAL JUSTICE, IT'S A

MATTER OF HUMAN RIGHTS." IT'S HER BELIEF THAT NEURODIVERSITY SHOULD BE

VIEWED AS SOMETHING POSITIVE, AND THAT WE SHOULD ALL STRIVE TO BE A

MORE INCLUSIVE SOCIETY.

SO NEURODIVERSITY CELEBRATION WEEK, WHICH WAS FIRST

CELEBRATED IN 2018, IS A WORLDWIDE INITIATIVE THAT CHALLENGES

STEREOTYPES AND MISCONCEPTIONS ABOUT NEUROLOGICAL DIFFERENCES. IT

AIMS TO TRANSFORM HOW NEURODIVERGENT INDIVIDUALS ARE PERCEIVED AND

SUPPORTED BY PROVIDING SCHOOLS, UNIVERSITIES AND ORGANIZATIONS WITH

THE OPPORTUNITY, WITH THE CHANCE TO RECOGNIZE THE MANY TALENTS AND

ADVANTAGES OF BEING NEURODIVERGENT WHILE CREATING MORE INCLUSIVE AND

NYS ASSEMBLY MARCH 18, 2024

EQUITABLE CULTURES THAT CELEBRATE DIFFERENCES AND EMPOWER EVERY SINGLE

INDIVIDUAL.

WITH THAT IN MIND, I'M -- I CERTAINLY URGE ALL MY

COLLEAGUES TO VOTE IN FAVOR OF THIS VERY MEANINGFUL RESOLUTION. THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 968, MS.

LUPARDO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 17-23, 2024, AS AGRICULTURE WEEK IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 969, MR.

BRABENEC.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM SEPTEMBER 17-23, 2024, AS CONSTITUTION

WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 970, MS.

NYS ASSEMBLY MARCH 18, 2024

BUTTENSCHON.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 28, 2024, AS FIRST RESPONDERS DAY

IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

WE'LL MOVE TO PAGE 22, CALENDAR NO. 163, THE CLERK

WILL READ.

THE CLERK: ASSEMBLY NO. A05815-A, CALENDAR

NO. 163, EPSTEIN, COLTON, REYES, TAYLOR, SHIMSKY, BURDICK, WOERNER,

SANTABARBARA, CUNNINGHAM, DE LOS SANTOS, WALLACE, RAGA. AN ACT TO

AMEND THE STATE FINANCE LAW, IN RELATION TO PARTICIPATION BY

INDIVIDUALS WITH DISABILITIES WITH RESPECT TO STATE EMPLOYMENT AND

STATE CONTRACTS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05856, CALENDAR NO.

166, GLICK. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL LAW, IN

NYS ASSEMBLY MARCH 18, 2024

RELATION TO RENEWALS OF LICENSES AND PERMITS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05859, CALENDAR NO.

167, WOERNER. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO

LIMITED CREDIT TIME ALLOWANCES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05885-A, CALENDAR

NO. 168, WEINSTEIN, TAYLOR, EPSTEIN. AN ACT TO AMEND THE TAX LAW,

IN RELATION TO THE ENFORCEMENT OF DELINQUENT TAX LIABILITIES BY MEANS OF

THE SUSPENSION OF LICENSES TO OPERATE A MOTOR VEHICLE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05902, CALENDAR NO.

169, KELLES, LEVENBERG, AUBRY, KIM, WOERNER, EPSTEIN, GIBBS, RAGA,

FORREST. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO

ESTABLISHING A UNIFORM ELECTRONIC MEDICAL RECORDS SYSTEM FOR

CORRECTIONAL FACILITIES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06032, CALENDAR NO.

171, PAULIN, SIMON, SEAWRIGHT, HEVESI, GONZ�LEZ-ROJAS, KELLES,

SAYEGH, OTIS, L. ROSENTHAL, SHIMSKY, KIM, BRABENEC, MCDONALD,

GUNTHER, RAGA, SIMONE, WALLACE. AN ACT TO AMEND THE PUBLIC HEALTH

LAW, IN RELATION TO THE ESTABLISHMENT, INCORPORATION, CONSTRUCTION OR

INCREASE IN CAPACITY OF FOR-PROFIT HOSPICE.

NYS ASSEMBLY MARCH 18, 2024

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06034-A, CALENDAR

NO. 172, PAULIN, BICHOTTE HERMELYN, SAYEGH. AN ACT TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO EXPANDING THE SCOPE OF THE

TEMPORARY OPERATOR PROGRAM.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06090, CALENDAR NO.

173, ANDERSON, MEEKS. AN ACT TO AMEND THE BANKING LAW, IN RELATION

TO INCLUDING PARTICIPATION IN A BANKING DEVELOPMENT DISTRICT AS A FACTOR

WHEN ASSESSING A BANKING INSTITUTION'S RECORD OF PERFORMANCE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06100-A, CALENDAR

NO. 174, WEPRIN. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF THE

CITY OF NEW YORK, IN RELATION TO REPAIR OR REPLACEMENT OF DAMAGED

RESIDENTIAL LATERAL SEWER AND WATER PIPES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06247, CALENDAR NO.

176, AUBRY, LEVENBERG, ZINERMAN, FORREST, RAGA, ROZIC, EPSTEIN,

NYS ASSEMBLY MARCH 18, 2024

CRUZ, GIBBS, WEPRIN, MEEKS, CARROLL, COOK, HEVESI, O'DONNELL,

REYES, HYNDMAN, BICHOTTE HERMELYN, BRONSON, GLICK, WALKER,

BURGOS, DAVILA, TAYLOR, SILLITTI. AN ACT TO AMEND THE CORRECTION LAW,

IN RELATION TO AMENDING THE DEFINITION OF SPECIAL POPULATIONS TO INCLUDE

PERSONS WHO ARE IN THE FIRST EIGHT WEEKS OF THE POST-PARTUM RECOVERY

PERIOD REGARDLESS OF PREGNANCY OUTCOME.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06253, CALENDAR NO.

177, BARRETT, SEAWRIGHT, CONRAD, MCDONALD, STERN, MAGNARELLI,

ZEBROWSKI, SMULLEN, SANTABARBARA, CUNNINGHAM. AN ACT TO AMEND THE

PUBLIC SERVICE LAW AND THE ENERGY LAW, IN RELATION TO ESTABLISHING THE

NEW YORK STATE GRID MODERNIZATION COMMISSION.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06276-A, CALENDAR

NO. 178, L. ROSENTHAL, EPSTEIN, BICHOTTE HERMELYN, BURDICK,

SEAWRIGHT. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF THE CITY OF

NEW YORK, IN RELATION TO REQUIREMENTS FOR A BUILDING OWNER TO REFUSE

TO RENEW A LEASE WHEN THE BUILDING IS TO BE DEMOLISHED.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06289-B, CALENDAR

NO. 180, HEVESI, GONZ�LEZ-ROJAS, CRUZ. AN ACT TO AMEND THE FAMILY

COURT ACT, IN RELATION TO THE CONFIDENTIALITY AND EXPUNGEMENT OF

RECORDS IN JUVENILE DELINQUENCY CASES IN THE FAMILY COURT.

NYS ASSEMBLY MARCH 18, 2024

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06317, CALENDAR NO.

182, GLICK, DINOWITZ, KELLES, COLTON, EPSTEIN, BURDICK. AN ACT TO

AMEND THE REAL PROPERTY LAW, IN RELATION TO ENACTING THE "LOW-IMPACT

LANDSCAPING RIGHTS ACT."

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06358-A, CALENDAR

NO. 183, WEPRIN, DE LOS SANTOS, RAGA. AN ACT TO AMEND THE BANKING

LAW AND THE REAL PROPERTY LAW, IN RELATION TO CREDIT LINE MORTGAGES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06488-A, CALENDAR

NO. 184, WEPRIN, WALKER, EPSTEIN, REYES, CRUZ, AUBRY, HUNTER,

TAYLOR, BURDICK, BURGOS, GONZ�LEZ-ROJAS, JACKSON, BARRETT, GIBBS,

DAVILA, KELLES, SIMONE, ARDILA, SEPTIMO, TAPIA, BURKE, CUNNINGHAM,

CLARK, MEEKS, SHIMSKY, HEVESI, DINOWITZ, MAMDANI, JEAN-PIERRE,

SIMON, ZACCARO, ANDERSON, BICHOTTE HERMELYN, LEVENBERG, BORES,

L. ROSENTHAL. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO THE

ESTABLISHMENT OF VISITING POLICIES FOR INCARCERATED PEOPLE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06505-B, CALENDAR

NO. 185, MCDONALD, RAGA. AN ACT TO AMEND THE STATE FINANCE LAW,

IN RELATION TO REQUIRING ELECTRONIC REPORTING.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

NYS ASSEMBLY MARCH 18, 2024

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06506-A, CALENDAR

NO. 186, TAPIA, ZACCARO, ALVAREZ, LAVINE, RAJKUMAR, DE LOS SANTOS,

SIMONE, REYES, SOLAGES, DICKENS, RIVERA, RAMOS, ARDILA,

BUTTENSCHON, FORREST, SHIMSKY, LUCAS, CUNNINGHAM, CRUZ, SIMON,

SAYEGH, EPSTEIN, BICHOTTE HERMELYN, BORES, TANNOUSIS, REILLY,

K. BROWN, BLUMENCRANZ, CHANG, J.A. GIGLIO, PIROZZOLO, DESTEFANO.

AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO PROHIBITING

THE SALE OF XYLAZINE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 12, CALENDAR NO. 81, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02866, CALENDAR NO.

81, PHEFFER AMATO, JONES, WALLACE, BENEDETTO, ZINERMAN, CRUZ,

NYS ASSEMBLY MARCH 18, 2024

WEPRIN, OTIS, SILLITTI. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION

TO HOMEOWNERS INSURANCE DEDUCTIBLES TRIGGERS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. PHEFFER AMATO.

MS. PHEFFER AMATO: (MIC OFF) GOOD AFTERNOON,

THERE WE GO. THIS BILL WOULD ESTABLISH REASONABLE STANDARDS FOR THE

OPERATION OF HURRICANE AND WINDSTORM DEDUCTIBLES, AND WOULD PROMOTE

BETTER UNDERSTANDING OF THE APPLICABILITY AND AMOUNT OF HURRICANE AND

WINDSTORM DEDUCTIBLES IN HOMEOWNERS AND DWELLING FIRE POLICIES.

ACTING SPEAKER AUBRY: MR. BLUMENCRANZ.

MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER.

WILL THE SPONSOR YIELD, PLEASE?

ACTING SPEAKER AUBRY: WILL YOU YIELD?

MS. PHEFFER AMATO: I'LL HAPPILY YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. BLUMENCRANZ: WHAT WOULD -- WHAT WOULD

YOU -- HOW WOULD YOU DESCRIBE REASONABLE IN THAT -- IN THAT DEFINITION

YOU JUST GAVE, THE DESCRIPTION?

MS. PHEFFER AMATO: WHAT WOULD I DESCRIBE AS

REASONABLE?

MR. BLUMENCRANZ: REASONABLE, REASONABLE.

MS. PHEFFER AMATO: WELL, BEING THAT WE HAVE

SO MANY MORE CONSTANT STORMS AND OUR WEATHER IS GETTING MORE

EXTREME, I THINK REASONABLE WOULD BE A FULL UNDERSTANDING SO THE

HOMEOWNER HAS PROTECTION. BECAUSE WHAT HAPPENED WAS THERE WASN'T

NYS ASSEMBLY MARCH 18, 2024

ANY UNDERSTANDING AND PEOPLE FOUND OUT THEY DIDN'T HAVE COVERAGE.

MR. BLUMENCRANZ: OKAY. IN YOUR

UNDERSTANDING, HOW TO -- HOW DO DEDUCTIBLES WORK IN THESE POLICIES?

MS. PHEFFER AMATO: MR. SPEAKER, CAN I ASK FOR

A LITTLE QUIET? I CAN'T HEAR YOU CLEARLY. THANK YOU.

MR. BLUMENCRANZ: HOW -- HOW DO DEDUCTIBLES

WORK IN THESE HOMEOWNERS INSURANCE POLICIES?

MS. PHEFFER AMATO: MEANING, HOW DO --

MR. BLUMENCRANZ: GENERALLY, JUST IN -- IN YOUR

-- YOUR OWN THOUGHTS.

MS. PHEFFER AMATO: LIKE ANY OTHER INSURANCE

POLICY, WE ALL PAY DEDUCTIBLES.

MR. BLUMENCRANZ: YEAH, LIKE HOW WOULD A

DEDUCTIBLE WORK IN YOUR -- IN YOUR OPINION? YOUR UNDERSTANDING OF AN

INSURANCE POLICY, HOW DO DEDUCTIBLES WORK?

MS. PHEFFER AMATO: IT'S NOT ABOUT THE

DEDUCTIBLE, PER SE, IT'S ABOUT SAYING THAT IT'S FOR WIND OR STORMS

SPECIFICALLY, OPPOSED TO POLICIES THAT HAD A BROAD STROKE.

MR. BLUMENCRANZ: OKAY, SO --

MS. PHEFFER AMATO: SO A DEDUCTIBLE -- SO

THERE'S A STORM, IT RAINS, MY -- FLOODING OF MY BUSINESS IS COMPLETELY

TAKEN AWAY. THEY -- IT SAYS IT'S WIND -- DUE TO WIND AND SURGE, AND

THEY SAY YOU DON'T HAVE WIND COVERAGE. SO THEN IF I DID HAVE WIND

COVERAGE, I WOULD APPLY TO THE INSURANCE -- YOU KNOW, I WOULD GO TO

THE INSURANCE COMPANY AND A DEDUCTIBLE --

NYS ASSEMBLY MARCH 18, 2024

MR. BLUMENCRANZ: THAT WOULD BE FOR

EXCLUSIONS; THIS WOULD -- THIS WOULD CREATE UNIFY -- UNIFORM

DEDUCTIBLES. SO YOU CAN ONLY -- YOU KNOW, THE TRIGGER EVENT, RIGHT,

WOULD BE IF YOU HAD X-NUMBER OF DAMAGE AND IT WOULD COVER UP UNTIL,

YOU KNOW, X-NUMBER WITHIN THAT -- WITHIN THAT LIMITATION, RIGHT?

MS. PHEFFER AMATO: I'LL AGREE AT THIS MOMENT,

YES.

MR. BLUMENCRANZ: SO IN YOUR OPINION, DO YOU

THINK THAT THERE BEING UNIFORM DEDUCTIBLES, RIGHT, AS DESCRIBED IN THE

POLICY, DO YOU THINK THAT WOULD MAKE IT SO INSURANCE WOULD BE MORE

OR LESS AFFORDABLE FOR RESIDENTS OF NEW YORK, ESPECIALLY IN -- IN

STORM-PRONE AREAS THAT MIGHT HAVE ONLY ONE OR TWO QUOTES ON A -- ON A

PIECE OF PROPERTY THAT'S IN A PARTICULARLY BAD AREA FOR STORMS.

MS. PHEFFER AMATO: RIGHT NOW HOMEOWNERS

ARE STRUGGLING WITH INSURANCE RATES RISING, ABSOLUTELY. I HAVE -- MOST OF

MY DISTRICT IS IN WATER.

MR. BLUMENCRANZ: OF COURSE.

MS. PHEFFER AMATO: SO I THINK THAT THIS IS JUST

ESTABLISHING THAT SPECIFIC DEDUCTIBLE OR POLICY, AND THEN THE GOAL WOULD

BE TO HAVE A REASONABLE -- I CAN'T SAY IT'S GONNA COST MORE OR LESS, BUT

THE BOTTOM LINE IS NO ONE WAS GETTING A PAYOUT FOR A STORM THAT WAS

CAUSED BECAUSE THEY WOULD SAY THERE WAS NO COVERAGE FOR WIND. I'M

SORRY, I CAN'T PUT QUOTES, SORRY; QUOTING "WIND." SO I DON'T -- I'M NOT

GONNA -- I CAN'T SAY WHAT IT'S GONNA COST A HOMEOWNER, BUT THEY AT LEAST

HAVE THE RIGHT TO GET TO THE TABLE TO SAY THAT THAT EVENT HAD WIND

NYS ASSEMBLY MARCH 18, 2024

DAMAGE TO THEIR HOME.

MR. BLUMENCRANZ: NOW, THIS BILL WAS

INTRODUCED ABOUT A QUARTER-CENTURY AGO. DO YOU FIND THAT THE

INSURANCE MARKET TODAY FOR HOMEOWNERS HAS CHANGED IN THE LAST 25

YEARS?

MS. PHEFFER AMATO: DO I THINK IT'S CHANGED?

MR. BLUMENCRANZ: YEAH.

MS. PHEFFER AMATO: IT HAS TO CHANGE; LIFE IS

CHANGING, YES.

MR. BLUMENCRANZ: OF COURSE. BUT DO YOU

THINK THE INSURANCE MARKET HAS BECOME AN EASIER PLACE TO PURCHASE

INSURANCE OR A HARDER PLACE TO PURCHASE INSURANCE, IN NEW YORK IN

PARTICULAR, ESPECIALLY COASTAL AREAS.

MS. PHEFFER AMATO: I DON'T THINK THAT'S

GERMANE TO THE BILL.

MR. BLUMENCRANZ: WELL, I THINK IT'S EXTREMELY

GERMANE TO THE BILL BECAUSE IF THE INSURANCE MARKET HAS BECOME NEAR

IMPOSSIBLE TO PURCHASE INSURANCE IN THESE COASTAL AREAS, AND YOU ARE

THEN GOING TO FURTHER LIMIT THE ABILITY FOR INSURANCE COMPANIES TO

CREATE --

MS. PHEFFER AMATO: NOT LIMIT IT, TO FURTHER

OPEN IT UP MORE, RIGHT? THERE COULD BE MORE OPPORTUNITY TO GET

DIFFERENT POLICIES THAT COVER A HOME.

MR. BLUMENCRANZ: IF THERE'S A UNIFORM LIMIT,

RIGHT, AND WHOEVER IT MAY BE, THIS PANEL OR, I DON'T KNOW TODAY WHO

NYS ASSEMBLY MARCH 18, 2024

THAT MIGHT BE ON THAT PANEL, WILL DETERMINE X IS THE NUMBER THAT IS THE

DEDUCTIBLE LIMIT TO TRIGGER DURING A STORM, AND NONE OF THE INSURANCE

COMPANIES AGREE WITH THAT. THEY WILL JUST NOT SELL POLICIES, RIGHT? SO

YES, IT IS --

MS. PHEFFER AMATO: THEY'RE NOT SELLING THEM

NOW, SO...

MR. BLUMENCRANZ: -- IT IS PRETTY GERMANE.

MS. PHEFFER AMATO: YEAH. NO, I THINK WE

HAVE TO OPEN IT UP TO BE SPECIFIC TO HEAR -- TO KNOW THAT HOMEOWNERS

DID NOT GET THE COVERAGE THEY NEEDED AND TO HAVE THE ABILITY TO DO IT.

IS THERE A STRUGGLE IN THE INSURANCE COMPANY? WE'LL -- WE'LL HAVE THAT

DEBATE ANOTHER DAY. THAT'S ABSOLUTELY --

MR. BLUMENCRANZ: NOW --

MS. PHEFFER AMATO: YEAH, HOMEOWNERS IN

WATERFRONT AREAS ARE NOT GETTING THE POLICIES THEY NEED. I DON'T THINK

THIS BILL PREVENTS THAT.

MR. BLUMENCRANZ: ALL RIGHT. I -- I -- I JUST -- I

-- I BRING THAT UP AS A TOPIC BECAUSE IN MY BELIEF --

MS. PHEFFER AMATO: SO THE TOPIC --

MR. BLUMENCRANZ: -- WITH THE PASSAGE OF THIS

LEGISLATION --

MS. PHEFFER AMATO: -- SO THE TOPIC IS ON THE

BILL?

ACTING SPEAKER AUBRY: AH, AH, AH.

MR. BLUMENCRANZ: SORRY.

NYS ASSEMBLY MARCH 18, 2024

ACTING SPEAKER AUBRY: WE ASK A QUESTION,

WE RESPOND.

MS. PHEFFER AMATO: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: PLEASE DON'T CUT EACH

OTHER OFF.

MR. BLUMENCRANZ: MY -- MY APOLOGIES.

MS. PHEFFER AMATO: MY APOLOGIES.

MR. BLUMENCRANZ: IT IS MY UNDERSTANDING THAT

THE COMMUNITIES IN COASTAL AREAS, MY DISTRICT'S ON THE COAST ON LONG

ISLAND AS WELL, I UNDERSTAND WHAT HAPPENS DURING THESE MAJOR STORMS.

THEY WILL BE AFFECTED THE MOST BY THIS BILL, BUT IN THE OPPOSITE EFFECT,

IN MY BELIEF, THAN -- THAN YOU MAY EXPECT BECAUSE IF -- AND I'M CURIOUS

TO KNOW YOUR OPINION AS TO WHETHER OR NOT YOU THINK THAT COASTAL AREAS

WILL BENEFIT FROM THIS LEGISLATION.

MS. PHEFFER AMATO: I DO THINK COASTAL AREAS

WILL BENEFIT FROM THIS LEGISLATION. I WOULDN'T STAND HERE AND DO THIS IF I

DIDN'T THINK SO.

MR. BLUMENCRANZ: SO I'M ASKING FOR YOUR

UNDERSTANDING AS TO WHY THEY WOULD BENEFIT FROM WHAT I BELIEVE AND

WHAT PRETTY MUCH EVERY SINGLE INSURANCE INTEREST AREA OF THIS MARKET --

MS. PHEFFER AMATO: BECAUSE WE FOUND --

SORRY.

MR. BLUMENCRANZ: -- SAID THAT THIS WOULD NOT

BE THE CASE. SORRY --

MS. PHEFFER AMATO: WELL, ME, TOO, SIR. YOU

NYS ASSEMBLY MARCH 18, 2024

KNOW, I APOLOGIZE FOR MY EMOTIONS GETTING THE BEST OF ME. AS I

WATCHED MY COMMUNITY GET RAVISHED BY HURRICANE SANDY AND FOLKS

DID NOT GET COVERAGE FROM THEIR POLICIES BECAUSE THEY WERE TOLD THEY

DIDN'T HAVE A WIND DEDUCTION OR SOME OTHER DEDUCTION THAT DIDN'T LINE

UP THE RIGHT WAY BECAUSE INSURANCE POLICIES DIDN'T WANT TO PAY. THIS

BILL REGENERATED ITS -- ITS IMPORTANCE; 25 YEARS WE'RE STILL FLOODING, AND

HOMEOWNERS PURCHASED POLICIES, STORE OWNERS PURCHASED POLICIES AND

DON'T GET COVERAGE. WE WANT THEM TO HAVE COVERAGE SPECIFIC TO WHAT'S

HAPPENING, BECAUSE IT'S GETTING VERY TRICKY WHEN THEY SAY, OH, WE'RE

SORRY, YOU'RE NOT COVERED BECAUSE IT'S WIND. OH, YOU'RE NOT SORRY

BECAUSE IT WAS RAIN, BUT IT WAS SURGE. SO I DO THINK THEY'LL BENEFIT WITH

THE OPPORTUNITY TO POSSIBLY HAVE MORE POLICIES.

MR. BLUMENCRANZ: YOU -- YOUR -- YOUR DISTRICT

COVERS THE AREA OF BREEZY POINT, CORRECT? YOUR -- YOUR AREA?

MS. PHEFFER AMATO: YES, ONE OF MY AREAS.

MR. BLUMENCRANZ: SO I -- I HAVE FAMILY THAT

LIVED IN BREEZY POINT DURING SANDY, RIGHT, TO USE THEM --

MS. PHEFFER AMATO: I HOPE THEY KNOW I'M THEIR

ASSEMBLYWOMAN.

MR. BLUMENCRANZ: -- TO USE THEM AS AN

EXAMPLE.

MS. PHEFFER AMATO: MM-HMM.

MR. BLUMENCRANZ: THEY -- THEIR HOME BURNT

DOWN DURING THAT FIRE DURING THE STORM. IT WAS AWFUL. THEY WOULD NOT

HAVE GOTTEN COVERAGE FOR THAT -- THAT PERIL BECAUSE ORIGINALLY THE HOME

NYS ASSEMBLY MARCH 18, 2024

WAS FLOODING AND THEN THE FIRE SPREAD AND THAT WAS AN AWFUL SCENARIO.

BUT THEY WERE EVENTUALLY COVERED. NOW, UNDER THE GUISE OF YOUR BILL,

IF THEY NEGOTIATE CERTAIN LIMITATIONS OR DEDUCTIBLES, THEY MIGHT ONLY

HAVE GOTTEN SOME COVERAGE IF THEY NEGOTIATE, YOU KNOW, X, Y OR Z FOR

FIRE SO LONG AS THEY GET SOME FLOOD -- INSURANCE COMPANIES WILL HAVE TO

MAKE A CALCULATION HERE AS TO HOW THEY STILL VIABLY SELL THE INSURANCE AT

A REASONABLE RATE AND STILL MEET THE DEMANDS OF THIS BILL, RIGHT? SO THAT

MAY COME TO LESSER COVERAGE IN CERTAIN INSTANCES AND SOME COVERAGE

IN OTHER INSTANCES. WOULD YOU BE PREPARED TO STAND UP IN THAT

COMMUNITY AND SAY THEY MAY GET LESS OF A PAYOUT SOME WAY OR ANOTHER

BECAUSE OF LEGISLATION THAT YOU INTRODUCED HERE TODAY?

MS. PHEFFER AMATO: I -- I WON'T EVEN ANSWER

THAT QUESTION. I DON'T --

MR. BLUMENCRANZ: I -- I THINK IT'S A VERY

SERIOUS QUESTION WE HAVE TO START ASKING.

MS. PHEFFER AMATO: -- BECAUSE YOU'RE

ASSUMING -- YOU'RE -- YOU'RE SAYING THAT BECAUSE --

ACTING SPEAKER AUBRY: AH, AH, AH.

MS. PHEFFER AMATO: ON ME?

ACTING SPEAKER AUBRY: NO. JUST REMEMBER,

WE -- THAT'S A QUESTION, THAT'S AN ANSWER; THAT'S A QUESTION, NOT AN

ANSWER. IF YOU WANT TO GO ON THE BILL...

MR. BLUMENCRANZ: MY APOLOGIES.

ACTING SPEAKER AUBRY: ALL RIGHT.

MR. BLUMENCRANZ: ALL RIGHT. ON THE BILL,

NYS ASSEMBLY MARCH 18, 2024

PLEASE.

ACTING SPEAKER AUBRY: THERE WE GO.

MR. BLUMENCRANZ: THANK YOU.

ACTING SPEAKER AUBRY: MR. BLUMENCRANZ ON

THE BILL.

MR. BLUMENCRANZ: THANK YOU. I BRING UP THE

INSTANCE OF SANDY BECAUSE I THINK IT STILL RESONATES, EVEN THOUGH IT WAS

LONG BEFORE THIS BILL WAS INTRODUCED. WE STILL SAW PEOPLE STRUGGLE WITH

THEIR INSURANCE AT THAT TIME. BUT BEING ABLE TO WORK WITH DEDUCTIBLES

IS A WAY THAT WE ON LONG ISLAND, AS SOMEONE WHO SELLS HOMEOWNERS

INSURANCE ON LONG ISLAND IN MY -- IN MY PREVIOUS JOB AND UNDERSTANDS

THE LONG ISLAND HOMEOWNERS MARKET PRETTY INTIMATELY, IN THE LAST

25 YEARS THE REINSURANCE MARKET, WHICH IS WHERE THESE CARRIERS HAVE TO

GO TO GET COVERAGE ON -- ON YOUR HOMEOWNERS POLICIES WHEN YOU'RE IN

AT-RISK AREAS LIKE LONG ISLAND, HAS BECOME A -- A PRETTY HARD PLACE TO

DO BUSINESS. AND SOMETIMES WHEN YOU HAVE A COASTAL HOME, YOU'RE

GOING TO BE VERY LIMITED TO UNADMITTED CARRIERS, TO OUTSIDE MARKETS THAT

YOU WOULDN'T ACTUALLY GO TO TO ACHIEVE PROVIDING HOMEOWNERS

INSURANCE FOR SOMEONE ON LONG ISLAND.

LEGISLATION LIKE THIS, WHICH SEEMS LIKE IT'S DOING

SOMETHING GOOD, IS ACTUALLY HAVING AN INCREDIBLY PERNICIOUS EFFECT ON

THE SOLE BASIS THAT IF WE CAN NO LONGER NEGOTIATE THE TERMS OF THE

INSURANCE FOR PEOPLE WHO LIVE IN THESE COASTAL AREAS -- SURE, IF YOU LIVE

ON A GROUND -- A HOME THAT HASN'T BEEN ELEVATED AND HASN'T BEEN

UPDATED IN AN AREA OF COASTAL NEW YORK WITH AN EXTREMELY HIGH

NYS ASSEMBLY MARCH 18, 2024

PROBABILITY, THE MATH IS THAT YOU'RE GONNA BE HIT WITH A HURRICANE AT

SOME POINT, AND YOU DID NOT EITHER DO THE DUE DILIGENCE OR PREPARE

PROPERLY FOR STORM MITIGATION, YOUR POLICY IS GONNA BE VERY EXPENSIVE

OR YOUR HOME MIGHT BE UNINSURABLE. YOU CAN LOOK AT FLORIDA WHICH

SET LIMIT STANDARDS AND, YOU KNOW, PRETTY MUCH MADE IT VERY CLEAR THAT

UNLESS YOU'RE WILLING TO MEET THOSE STANDARDS, YOUR HOME IS

UNINSURABLE. NEW YORK WILL BE IN THAT PLACE SOON, AND DOING THIS WILL

PUT US IN THAT PLACE AN AWFUL LOT SOONER.

SO I WHOLEHEARTEDLY DISAGREE WITH THIS LEGISLATION AND

I HOPE THAT MY COLLEAGUES UNDERSTAND WHY. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. PHEFFER AMATO.

MS. PHEFFER AMATO: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

PHEFFER AMATO.

MS. PHEFFER AMATO: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: YOU'RE WELCOME.

MS. PHEFFER AMATO: THIS BILL IS REQUIRED TO

ENSURE THAT INSURANCE COMP -- INSURANCE CONSUMERS FULLY UNDERSTAND

THE TERMS OF THE CATASTROPHIC WINDSTORM DEDUCTIBLE IN THEIR

HOMEOWNERS AND DWELLING FIRE POLICIES. IN PARTICULAR, CONSUMERS NEED

TO UNDERSTAND THE INCREASED EXPOSURE THEY'RE ASSUMING. THIS BILL IS TO

PROTECT THE CONSUMER AND THE HOMEOWNER, IT'S NOT -- INSURANCE

COMPANIES ARE NOT GIVING POLICIES OUT, AND THAT'S A WHOLE 'NOTHER

CONVERSATION FOR A WHOLE 'NOTHER DAY. BUT OUR COMMUNITIES THAT ARE

NYS ASSEMBLY MARCH 18, 2024

SURROUNDED BY WATER THAT WILL NOT MOVE, GENERATIONALLY LIVING THERE,

THEY'RE HAVING A HARD TIME GETTING INSURANCE POLICIES AT ENORMOUS

RATES. SO THEY DO HAVE TO MAKE TOUGH CHOICES. BUT THIS BILL IS TO

PROTECT THE CONSUMER.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

PHEFFER AMATO.

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR, TO EXPLAIN MY VOTE.

THIS BILL ELIMINATES CONSUMER CHOICE, AND BY DOING SO IT DRIVES UP THE

COST FOR EVERY CONSUMER THAT MAKES THE THOUGHTFUL, INTELLIGENT DECISION

ON THE LEVEL OF DEDUCTIBLES THEY HAVE. IF WE WANT CONSUMER CHOICE

AND WE WANT PEOPLE WHO FEEL THEIR HOUSE IS SAFER TO HAVE HIGHER

DEDUCTIBLES, THIS BILL WILL MAKE THAT DIFFICULT OR NOT IMPOSSIBLE. IF WE

EXPECT PEOPLE WHO LIVE ON THE SHORE AND DON'T TAKE PROTECTION TO HAVE

LOWER DEDUCTIBLES AT THE EXPENSE OF THEIR NEIGHBORS, THAT'S WHAT THIS

BILL DOES. I THINK PEOPLE SHOULD HAVE THE RIGHT AND THE OPTION TO

CHOOSE THE DEDUCTIBLE THAT'S APPROPRIATE FOR THEM, TAKING INTO ACCOUNT

THE ACTIONS THEY'VE TAKEN TO PROTECT THEIR OWN PROPERTY.

NYS ASSEMBLY MARCH 18, 2024

AND SO I'M OPPOSED TO THIS BILL WHICH I BELIEVE IS

ANTI-CONSUMER AND WILL ULTIMATELY DRIVE UP PRICES FOR A LOT OF PEOPLE

WHO ARE DOING A RESPONSIBLE DECISION-MAKING PROCESS. FOR THAT

REASON, I WILL NOT BE SUPPORTING THIS BILL. 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 7, CALENDAR NO. 29, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00856, CALENDAR NO.

29, DINOWITZ, REYES, SAYEGH, SIMON, STIRPE, STECK, GLICK, ZEBROWSKI,

WEPRIN, CRUZ, KELLES, JACKSON, L. ROSENTHAL. AN ACT TO AMEND THE

GENERAL OBLIGATIONS LAW, IN RELATION TO PROHIBITING EMPLOYERS FROM

REQUIRING CERTAIN CONDITIONS OR PRECONDITIONS OF EMPLOYMENT.

ACTING SPEAKER AUBRY: MR. DINOWITZ, AN

EXPLANATION HAS REQUESTED, SIR.

MR. DINOWITZ: THIS BILL WOULD PROHIBIT

EMPLOYERS FROM REQUIRING CERTAIN CONDITIONS OR PRECONDITIONS OF

EMPLOYMENT. NAMELY, THAT IT WOULD PROHIBIT EMPLOYERS FROM

IMPOSING AS PRECONDITIONS OF EMPLOYMENT THAT ANY EMPLOYEES --

EMPLOYEES OR PROSPECTIVE EMPLOYEES, WAIVE, ARBITRATE OR OTHERWISE

DIMINISH ANY EXISTING OR FUTURE CLAIM, RIGHT OR BENEFIT TO WHICH THE

EMPLOYEE OR PROSPECTIVE EMPLOYEE WOULD BE OTHERWISE ENTITLED UNDER

ANY PROVISION OF NEW YORK STATE OR FEDERAL LAW. BUT IT EXEMPTS FROM

NYS ASSEMBLY MARCH 18, 2024

THE PROVISIONS I JUST MENTIONED PROHIBITION -- IT EXEMPTS CONTRACTS OR

AGREEMENTS NEGOTIATED WITH ANY LABOR UNION THROUGH COLLECTIVE

BARGAINING.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MS. -- MR. DINOWITZ,

WILL YOU YIELD?

MR. DINOWITZ: YES, I WILL.

ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS,

SIR.

MR. GOODELL: THANK YOU, MR. DINOWITZ. AS YOU

KNOW, ONE OF THE MOST OFTEN SOUGHT-AFTER LABOR PROVISIONS IN COLLECTIVE

BARGAINING AGREEMENTS IS AN ARBITRATION CLAUSE. AND OF COURSE, THIS

STATUTE ALLOWS THOSE ARBITRATION CLAUSES TO APPLY. MY QUESTION IS, WHY

ARE WE DENYING ALL NON-UNION EMPLOYEES THE RIGHT TO SEEK AN

ARBITRATION CLAUSE?

MR. DINOWITZ: WELL, I -- I THINK YOU'RE LOOKING AT

IT THE WRONG WAY. WHAT THIS BILL DOES, IS DOES ALLOW ARBITRATION CLAUSES

AGREED TO THROUGH COLLECTIVE BARGAINING, BUT COLLECTIVE BARGAINING IS

WHERE YOU HAVE TWO SIDES THAT ARE ON KIND OF AN EQUAL FOOTING WHERE

ONE SIDE DOESN'T TOTALLY HAVE MUCH MORE POWER THAN THE OTHER SIDE.

ON THE OTHER HAND, WHEN YOU'RE TALKING ABOUT AN INDIVIDUAL, THE

INDIVIDUAL HAS VERY LITTLE POWER COMPARED TO THE EMPLOY -- EMPLOYER.

MR. GOODELL: OF COURSE THE ENTIRE PURPOSE OF

NYS ASSEMBLY MARCH 18, 2024

COLLECTIVE BARGAINING IS TO HAVE EACH PARTY HAVE THE SAME POWER IN

FRONT OF AN INDEPENDENT ARBITRATOR, CORRECT?

MR. DINOWITZ: WHAT THE COLLECTIVE BARGAINING

ALLOWS IS FOR EACH INDIVIDUAL EMPLOYEE BY -- BY BEING PART OF A LARGER

ORGANIZATION TO HAVE POWER. BUT, WHEN SOMEBODY IS NEGOTIATING ON

THEIR OWN, THEY HAVE VERY LITTLE POWER COMPARED TO THE EMPLOYER. SO

WE WANT TO MAKE SURE THAT WE'RE NOT IMPOSING UPON ANYBODY UNFAIR

AGREEMENTS THAT THEY FEEL PRESSURED INTO IN ORDER TO GET A JOB, KEEP A

JOB, GET A PROMOTION, SIMPLY BECAUSE THEY DON'T HAVE MUCH POWER TO

DO ANYTHING OTHER THAN AGREE TO IT.

MR. GOODELL: WE'VE DISCUSSED THIS IN THE PAST,

BUT --

MR. DINOWITZ: YES, WE HAVE.

MR. GOODELL: -- THE FEDERAL GOVERNMENT HAS THE

FEDERAL ARBITRATION ACT, AND THAT ACT HAS A PREEMPTION CLAUSE, AND

MULTIPLE COURTS, INCLUDING THE U.S. SUPREME COURT MORE THAN ONCE,

HAVE SAID THAT THE FEDERAL ARBITRATION ACT PREEMPTS STATE LEGISLATION

AND PROHIBITS STATES FROM RESTRICTING THE AVAILABILITY OF ARBITRATION IN

EMPLOYMENT AGREEMENTS. WHY DO YOU THINK THIS LEGISLATION IS

DIFFERENT THAN ALL THE PRIOR LEGISLATION THAT HAS BEEN STRUCK DOWN BY THE

U.S. SUPREME COURT?

MR. DINOWITZ: WELL, THE U.S. SUPREME COURT,

DESPITE ITS (INAUDIBLE) LACK OF CREDIBILITY THESE DAYS, I DON'T BELIEVE

THEY'VE ACTUALLY COVERED THIS SPECIFIC SITUATION AND I -- I DO THINK THAT

THIS WOULD NOT BE PREEMPTED BY FEDERAL LAW.

NYS ASSEMBLY MARCH 18, 2024

MR. GOODELL: HOW IS THIS -- IF YOU WOULD, HOW IS

THIS SITUATION DIFFERENT THAN THE LEGISLATION IN KENTUCKY THAT BANNED

ARBITRATION IN EMPLOYMENT CONTRACTS? IT WAS STRUCK DOWN IN NORTHERN

KENTUCKY AREA DEVELOPMENT V. SNYDER. OR THE LEGISLATION THAT WAS

STRUCK DOWN IN ALLIED-BRUCE TERMINIX COMPANIES V. DOBSON. OR THE

LEGISLATION THAT WAS STRUCK DOWN IN CIRCUIT CITY STORES V. ADAMS. OR

MORE RECENTLY, KINDRED NURSING CENTERS V. CLARK, ALL OF WHICH STRUCK

DOWN LEGISLATION THAT PURPORTED TO BAR ARBITRATION CLAUSES IN THE

EMPLOYMENT CONTRACTS. HOW IS THIS DIFFERENT?

MR. DINOWITZ: WELL, I DON'T -- I DON'T THINK THOSE

CASES ARE ON POINT. I THINK HERE WHAT WE'RE TALKING ABOUT, NOT

NECESSARILY SO MUCH AS BARRING AN ARBITRATION CLAUSE, BUT RATHER,

PREVENTING PEOPLE FROM BEING COERCED INTO SIGNING THEIR RIGHTS AWAY,

AND I DO THINK IT'S DIFFERENT THAN WHAT TOOK PLACE IN THOSE PARTICULAR

CASES.

MR. GOODELL: OF COURSE, AN ARBITRATION CLAUSE

DOESN'T CHANGE THE TERMS AND CONDITIONS OF EMPLOYMENT, IT ONLY

CHANGES HOW A DISPUTE OVER THOSE TERMS AND CONDITIONS IS ADJUDICATED

OR ADDRESSED, CORRECT?

MR. DINOWITZ: WELL, WHAT -- WHAT WE'RE TALKING

ABOUT HERE IN THIS LEGISLATION IS A SITUATION WHERE SOMEBODY IS FACED

WITH A CHOICE OF EITHER SIGNING SOMETHING THAT THEY MAY NOT WANT TO

SIGN, IN FACT, BEING COERCED INTO SIGNING SOMETHING ON THE ONE HAND, OR

ON THE OTHER HAND NOT GETTING THE JOB OR GETTING THE PROMOTION THAT THEY

WOULD LIKE. SO THE LEGISLATION IS AIMED AT PREVENTING PEOPLE FROM

NYS ASSEMBLY MARCH 18, 2024

BEING COERCED INTO SIGNING SOMETHING THAT THEY DON'T NECESSARILY WANT

TO SIGN.

MR. GOODELL: NOW, YOU USED THE WORD

"COERCED," BUT ARE YOU SAYING THAT ALL EMPLOYEES THAT ARE REQUIRED TO

SIGN A WRITTEN EMPLOYMENT CONTRACT ARE BEING COERCED ON ALL THE TERMS

AND CONDITIONS OF THAT CONTRACT? I MEAN, A WRITTEN CONTRACT THAT SAYS

YOU WORK 9 TO 5, YOU'RE SAYING THEY'RE COERCED TO SHOWING UP ON TIME?

A WRITTEN CONTRACT THAT SAYS YOU'LL, YOU KNOW, DO YOUR BEST. IS THAT

COERCION ON THE EMPLOYEE? I MEAN, ALL THOSE THINGS -- A WRITTEN

CONTRACT THAT REQUIRES YOU TO (INAUDIBLE/PHONE RINGING) WEAR A

UNIFORM? ARE WE NOW COERCING --

MR. DINOWITZ: COULD I ANSWER?

MR. GOODELL: -- PEOPLE INTO WEARING A UNIFORM?

MR. DINOWITZ: IS THAT THE END OF YOUR QUESTION?

MR. GOODELL: I COULD COME ON WITH FURTHER

EXAMPLES, BUT --

MR. DINOWITZ: I'M SURE YOU CAN --

MR. GOODELL: -- ARE YOU SAYING THAT --

MR. DINOWITZ: -- I WANT TO KNOW IF I CAN ANSWER

THE QUESTION.

MR. GOODELL: -- EVERY WRITTEN CONTRACT IS A MATTER

OF COERCION?

MR. DINOWITZ: ANYBODY WHO SIGNS ANY KIND OF

EMPLOYMENT CONTRACT, THERE WILL BE CONDITIONS, AND A TYPICAL CONDITION

IS HOW MANY HOURS YOU HAVE TO WORK, AS ONE EXAMPLE. HOWEVER,

NYS ASSEMBLY MARCH 18, 2024

THERE ARE SOME CONDITIONS THAT AN AVERAGE PERSON MAY NOT WANT TO

SIGN, EVEN THOUGH THEY KNOW THAT THEY'RE GONNA HAVE TO DO CERTAIN

THINGS; THEY'RE GONNA HAVE TO SHOW UP FOR WORK ON TIME, THEY'RE GONNA

HAVE TO WORK X NUMBER OF HOURS AND HAVE CERTAIN RESPONSIBILITIES.

AND ONE OF THEM MAY BE BEING FORCED INTO SIGNING A CLAUSE WHICH IN

AND OF ITSELF HAS NO DIRECT BEARING ON THE WORK THAT THEY DO. WHETHER

OR NOT YOU ARE BOUND BY AN ARBITRATION CLAUSE, WHETHER OR NOT YOU SIGN

AN ARBITRATION CLAUSE, I DON'T SEE HOW THAT HAS ANY BEARING ON YOUR

WORK. WHAT HAS BEARING ON YOUR WORK? WHETHER YOU GET YOUR JOB

DONE, AFTER YOU PUT IN THE HOURS AND SO ON, AND HOW MUCH SALARY YOU

GET. THOSE ARE THE THINGS THAT -- THAT YOU'RE TALKING ABOUT, BUT WHAT I'M

TALKING ABOUT IS SOMETHING WHICH IS SEPARATE AND APART FROM THOSE

CONDITIONS. SO YOU CAN'T SIMPLY SAY, WELL, EVERY SINGLE THING THAT A

POTENTIAL EMPLOYEE MAY HAVE TO SIGN IS -- IS THE SAME. THIS IS NOT THE

SAME. THIS IS FORCING SOMEBODY TO SIGN A CONDITION THAT THEY MAY NOT

WANT TO SIGN BECAUSE THEY DON'T THINK IT'S IN THEIR INTEREST, BUT THEY MAY

FEEL THEY HAVE TO SIGN BECAUSE THIS ONE PERSON VERSUS, YOU KNOW, THE

BIG CORPORATION DOESN'T HAVE -- THERE'S NO BALANCE OF POWER. THAT'S

WHY WHEN I TALK ABOUT COLLECTIVE BARGAINING, THEN WE'RE TALKING ABOUT

A DIFFERENT SITUATION AND THAT'S, I GUESS, THE MAIN REASON WHY WE HAVE

UNIONS IN THE FIRST PLACE, SO THAT WORKERS DON'T GET TRAMPLED ON.

MR. GOODELL: THANK YOU FOR YOUR OBSERVATIONS,

MR. DINOWITZ.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

NYS ASSEMBLY MARCH 18, 2024

MR. GOODELL: SO THE INTERESTING THING THAT I FIND

IS THAT IN ALMOST ALL COLLECTIVE BARGAINING AGREEMENTS, A MAJOR ISSUE IS

THAT THE UNION TYPICALLY IS NEGOTIATING FOR BINDING ARBITRATION. AND THE

REASON WHY THE EMPLOYEE ORGANIZATION IS NEGOTIATING IN FAVOR OF

BINDING ARBITRATION IS BECAUSE IT'S FAST, IT'S EFFICIENT, AND IT'S RELATIVELY

INEXPENSIVE. AND, INDEED, THE COURTS THROUGHOUT NEW YORK STATE AND

NATIONALLY HAVE NOTED THAT ARBITRATION PROVIDES A MUCH FASTER, MORE

EFFICIENT AND LESS EXPENSIVE MEANS OF RESOLVING DISPUTES. AND IN FACT,

THE FEDERAL GOVERNMENT HAS GONE SO FAR AS TO MAKE ARBITRATION A

FEDERAL ISSUE TO THE POINT WHERE THEY'VE SAID YOU CANNOT BAR ARBITRATION

IN CONTRACTS BECAUSE IT'S BEEN PREEMPTED.

NOW, WHY WOULD AN EMPLOYEE WANT ARBITRATION?

BECAUSE WHEN THEY SIGN A WRITTEN CONTRACT, THAT WRITTEN CONTRACT HAS A

WHOLE SERIES OF THINGS THAT THEY HAVE TO DO, RIGHT? THEY HAVE TO SHOW

UP ON TIME, THEY HAVE TO BE CLEAN, DRY AND SOBER, THEY HAVE TO BE

HONEST, THEY HAVE TO PUT FORTH THEIR BEST FAITH. AND IN RETURN, THE

EMPLOYER IS OBLIGATED TO PAY THEM FAIR AND REASONABLE WAGES AS

NEGOTIATED BY THE PARTIES. BUT WHAT HAPPENS IF THERE'S A DISPUTE OVER

WHETHER OR NOT THE EMPLOYEE SHOWED UP ON TIME, OR WHETHER THE

EMPLOYEE WAS CLEAN, DRY AND SOBER, OR WHETHER THE EMPLOYEE DID THE

WORK PROPERLY? IF THE EMPLOYEE HAS TO GO TO LITIGATION, THE UPFRONT

COSTS ARE HUNDREDS OF DOLLARS, AND THE TIME IS MONTHS BEFORE A COURT

WILL HEAR THE CASE. WHEREAS IN ARBITRATION IT CAN BE FAST, EFFICIENT, YOU

GET A RESOLUTION, YOU CONTINUE ON YOUR EMPLOYMENT. AND THAT'S WHY

UNIONS SEEK ARBITRATION AND WHY THOSE WHO ARE NOT UNIONIZED OUGHT TO

NYS ASSEMBLY MARCH 18, 2024

HAVE THE ABILITY, THE RIGHT, THE OPTION TO SIGN A CONTRACT THAT HAS

ARBITRATION. THIS PROHIBITS EVERY NON-UNION EMPLOYEE THE RIGHT TO HAVE

AN ARBITRATION CLAUSE AND THE RIGHT TO HAVE EMPLOYMENT ISSUES DECIDED

QUICKLY AND EFFECTIVE -- QUICKLY, EFFECTIVELY AND INEXPENSIVELY. AND

FOR THAT REASON, IN MY OPINION, THIS IS AN ANTI-EMPLOYEE PROVISION

WHICH FLIES DIRECTLY IN THE FACE OF MULTIPLE COURT CASES THAT HAVE HELD

THIS AREA AS PREEMPTED, AND THIS TYPE OF CLAUSE IS CONTRARY TO FEDERAL

LAW.

FOR THAT REASON, I WILL NOT BE SUPPORTING IT. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. RA.

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

YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: YES.

ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS.

MR. RA: THANK YOU. IN YOUR ANSWERS TO MR.

GOODELL, YOU MENTIONED PROMOTION. SO CAN YOU JUST CLARIFY THAT?

SUPPOSE, YOU KNOW, PRIOR TO THIS, I GUESS -- WELL, LET ME START HERE.

WOULD THIS -- I MEAN, RETROACTIVELY IF SOMEBODY HAD BEEN HIRED AND

SIGNED SOME TYPE OF DOCUMENT SAYING THAT THEY WOULD HAVE TO GO TO

ARBITRATION ON AN EMPLOYEE-EMPLOYER DISPUTE, WOULD THEY NO LONGER BE

ABLE TO DO THAT?

NYS ASSEMBLY MARCH 18, 2024

MR. DINOWITZ: WELL, I DON'T HAVE THE ACTUAL BILL IN

FRONT OF ME, BUT I DON'T BELIEVE THERE WAS A RETROACTIVITY CLAUSE IN IT.

MR. RA: OKAY. SO, YOU MENTIONED A PROMOTION.

SO, WHAT ABOUT AN INDIVIDUAL THAT IS ALREADY WORKING IN AN

ORGANIZATION AND PERHAPS EVEN PREVIOUSLY SIGNED SUCH A DOCUMENT THAT

AGREED THAT THERE WOULD BE ARBITRATION FOR ANY TYPE OF DISPUTE, DOES

THAT RENDER THAT PRIOR AGREEMENT MOOT IF THIS WERE IN LAW?

MR. DINOWITZ: WELL, THE LAST LINE OF THE BILL SAYS

THIS ACT SHALL TAKE EFFECT ON THE 90TH DAY AFTER IT SHALL HAVE BECOME A

LAW, SO I GUESS I WOULD GIVE YOU A NO ON THAT. MEANING THAT --

MR. RA: OKAY, SO --

MR. DINOWITZ: -- THIS WILL AFFECT THINGS LATER, NOT

BEFORE.

MR. RA: OKAY, BUT WHAT I'M -- WHAT I'M ASKING

THOUGH, THEN, IS, YOU KNOW, SOMEBODY WHO TAKES A NEW POSITION

WITHIN AN ORGANIZATION THEY ARE ALREADY AN EMPLOYEE OF, RIGHT, THERE --

I -- I THINK THE WAY -- THE DEFINITION SAYS EMPLOYEE MEANS "ANY PERSON

EMPLOYED BY OR SUFFERED OR PERMITTED TO WORK FOR AN EMPLOYER." SO I

THINK THAT'S PRETTY CLEAR THAT THAT PERSON WOULD ALREADY BE AN EMPLOYEE,

BUT THE REASON I'M ASKING IS YOU -- YOU MENTIONED THE WORD

"PROMOTION" IN ONE OF YOUR ANSWERS TO MR. GOODELL.

MR. DINOWITZ: OKAY.

MR. RA: SO -- SO I'M ASKING IF SOMEBODY IS ALREADY

AN EMPLOYEE OF A BUSINESS AND HAS PREVIOUSLY SIGNED SOME TYPE OF

DOCUMENT AGREEING THAT ANY EMPLOYER-EMPLOYEE DISPUTE WILL BE

NYS ASSEMBLY MARCH 18, 2024

SUBJECT TO ARBITRATION, IF THEY WERE TO TAKE ON A NEW POSITION, WOULD

THIS APPLY TO IT OR -- OR WOULD THAT -- WOULD THE PROVISIONS OF THAT

AGREEMENT STILL BE IN FORCE?

MR. DINOWITZ: THE -- THE BILL SAYS THAT YOU CAN'T

BE -- WELL, I'LL -- I'LL TRANSLATE IT. THE BILL SAYS YOU CAN'T BE COERCED INTO

SIGNING AN AGREEMENT. IF YOU ALREADY HAVE AN AGREEMENT, THAT'S NOT THE

SAME THING AS BEING COERCED INTO SIGNING AN AGREEMENT.

MR. RA: OKAY. WELL, THAT'S CLEAR. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT ARE CERTAINLY WELCOME TO VOTE YES ON THE FLOOR. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. HEVESI.

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

MAJORITY CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS BILL. IF ANY OF

OUR MEMBERS WANT TO VOTE NO, THEY CAN FEEL FREE TO CONTACT THE DESK.

BUT THANK YOU ALL.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

NYS ASSEMBLY MARCH 18, 2024

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER ZACCARO: 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 AND

COLLEAGUES, IF WE COULD NOW CALL OUR ATTENTION TO CALENDAR NO. 52. IT'S

ON PAGE 9 AND IT IS GOING TO BE DEBATED BY MR. DINOWITZ.

ACTING SPEAKER ZACCARO: PAGE 9, CALENDAR

NO. 52, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01731-A, CALENDAR

NO. 52, DINOWITZ, WEPRIN, EPSTEIN, DICKENS. AN ACT TO AMEND THE

INSURANCE LAW, IN RELATION TO RESTRICTING INSURERS FROM DEMANDING

INTRUSIVE PERSONAL, FINANCIAL AND TAX INFORMATION FROM INSUREDS AS A

STANDARD PRACTICE IN PROCESSING ORDINARY THEFT CLAIMS.

ACTING SPEAKER ZACCARO: AN EXPLANATION

HAS BEEN REQUESTED.

MR. DINOWITZ: THIS BILL WOULD ESTABLISH THAT IT

SHALL BE AN UNFAIR CLAIM SETTLEMENT PRACTICE FOR AN INSURER TO DEMAND

PERSONAL, FINANCIAL AND TAX INFORMATION WHILE INVESTIGATING A THEFT

CLAIM; HOWEVER, IT ALLOWS FOR INSURERS TO REQUEST PERSONAL, FINANCIAL

AND TAX INFORMATION IF SPECIAL ARTICULABLE CIRCUMSTANCES EXIST WHICH

DIRECTLY RELATE TO THE PARTICULAR INDIVIDUAL FACT OF SUCH THEFT AND WHICH

NYS ASSEMBLY MARCH 18, 2024

WARRANT THE MAKING OF SUCH A DEMAND FOR THE SPECIFIC PURPOSE OF

DETERMINING IF SUCH CLAIM IS FRAUDULENT.

ACTING SPEAKER ZACCARO: MR. BLUMENCRANZ.

MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER.

WILL THE YIELD SPONSOR YIELD?

ACTING SPEAKER ZACCARO: WILL THE SPONSOR

YIELD?

MR. DINOWITZ: YES, I WILL.

ACTING SPEAKER ZACCARO: MR. DINOWITZ

YIELDS.

MR. BLUMENCRANZ: SO IS THIS ITERATION OF THIS

BILL DIFFERENT THAN THE LAST, YOU KNOW, 27 YEARS OR SO YEARS THAT IT'S BEEN

HERE OR IS IT THE SAME?

MR. DINOWITZ: WELL, LET'S SEE. THIS IS AN A-

VERSION, AND IN 2023 WE PASSED A BILL WITHOUT AN A-VERSION SO THERE

MAY BE A SLIGHT DIFFERENCE. IN TERMS OF HOW MANY YEARS THE BILL'S BEEN

IN EXISTENCE, I COULDN'T GIVE YOU AN ANSWER. PERHAPS YOU KNOW BETTER

-- BETTER THAN I. HOWEVER, AS WE KNOW, SOME OF THE GREATEST THINGS

WE'VE DONE HAVE TAKEN MANY YEARS TO PASS, AND THIS WILL BE ONE OF

THEM.

MR. BLUMENCRANZ: YEAH, ABSOLUTELY. ME AND

THIS BILL SHARE A BIRTHDAY, SO I --

(LAUGHTER)

MR. DINOWITZ: WELL, HAPPY BIRTHDAY.

MR. BLUMENCRANZ: SO WITHIN THE -- WITHIN DFS

NYS ASSEMBLY MARCH 18, 2024

REGULATION, THEY ARE -- THEY ARE TO, QUOTE, "NOT DEMAND VERIFICATION OF

FACTS UNLESS THEY ARE GOOD REASONS TO DO SO." HOW IS THIS BILL DIFFERENT

THAN WHAT'S CURRENTLY A PART OF DFS REGULATIONS?

MR. DINOWITZ: WELL, I THINK THIS IS PROBABLY A

LITTLE MORE SPECIFIC. IT -- IT'S -- THE INSURANCE COMPANIES OFTEN ASK FOR A

LOT OF INFORMATION, WHETHER IT'S PERSONAL INFORMATION, FINANCIAL

INFORMATION, WHETHER YOU'RE A REGISTERED VOTER. STUFF LIKE THAT WHICH

HAVE ABSOLUTELY NOTHING TO DO WITH A CLAIM OF THEFT. AND WHAT THIS BILL

SAYS IS, NO, YOU CAN'T DO THAT UNLESS YOU CAN SHOW THAT THERE'S A VERY

GOOD REASON TO DO THAT.

MR. BLUMENCRANZ: NOW, THERE'S -- THERE'S A LOT

OF EVIDENCE TO SHOW, AND WHEN YOU SPEAK TO ANYONE IN THE INSURANCE

INDUSTRY THAT, YOU KNOW, BECAUSE OF THEFT CLAIMS THERE'S AN AVERAGE $4-

TO $700 A YEAR ADDED TO EVERY SINGLE INSURANCE PURCHASER'S PREMIUMS,

ON AVERAGE. DO YOU THINK THAT THIS BILL WILL MAKE THAT NUMBER EVEN

HIGHER IF THEY HAVE A HARDER TIME INVESTIGATING CLAIMS, OR DO YOU THINK

IT'LL, YOU KNOW, HELP THESE PEOPLE, THESE -- THESE INDIVIDUALS WHO ARE

UNDER INVESTIGATION?

MR. DINOWITZ: I THINK IT COULD ACTUALLY LOWER THE

PREMIUMS THAT PEOPLE WILL PAY BECAUSE PERHAPS INSURANCE COMPANIES

WON'T HAVE THEIR INVESTIGATORS WASTE TIME LOOKING INTO INFORMATION THAT

HAVE NO BEARING WHATSOEVER ON WHETHER THE CLAIM IS LEGITIMATE OR NOT,

WHETHER IT SHOULD BE PAID, HOW MUCH SHOULD BE PAID. YOU KNOW,

WHETHER SOMEBODY HAS BEEN A REGISTERED VOTER IN THIS STATE OR THAT

STATE, AS -- AS ONE SMALL EXAMPLE. INTRUSIVE, PERSONAL INFORMATION,

NYS ASSEMBLY MARCH 18, 2024

THOSE THINGS HAVE NOTHING TO DO WITH -- WITH -- WITH THE UNDERLYING

CLAIM ITSELF. SO I SUSPECT IT'LL SAVE THEM MONEY, AND HOPEFULLY THE

INSURANCE COMPANIES -- BEING THAT I KNOW THEY CARE ABOUT THE PUBLIC --

WILL WANT TO PASS THAT SAVINGS DOWN TO THE AVERAGE INSURED.

MR. BLUMENCRANZ: NOW, WE HAVE A LOT OF LAWS

SURROUNDING WHAT WE CAN AND CAN'T USE AS INFORMATION TO UNDERWRITE,

RIGHT? BUT INSURANCE COMPANIES, THEY CAN GET CREATIVE. SO IF WE PASS

SOMETHING LIKE THIS, IN ORDER TO MITIGATE FRAUD MAYBE THEY'LL USE

UNDERLYING FACTS NOT TO WRITE THOSE POLICIES IN THE FIRST PLACE IN AREAS

WHERE THEY THINK THERE MIGHT BE A LIKELIHOOD OF -- OF FRAUD, WHERE THEY

MIGHT HAVE WRITTEN IT BEFORE IF THEY WERE GOING TO BE ABLE TO

INVESTIGATE IT. DO YOU THINK THERE MIGHT BE AN ISSUE WITH LESS OF THE

PEOPLE YOU HOPE TO HELP EVEN BE ABLE TO PURCHASE INSURANCE IN THE FIRST

PLACE?

MR. DINOWITZ: NO, NOT AT ALL. I MEAN, I'M NOT

GONNA SAY THERE'S NEVER FRAUD ANYWHERE BECAUSE WE ALL KNOW THAT

THERE IS SOMETIMES FRAUD, BUT THERE'S NOT FRAUD UNDER EVERY ROCK. AND

IF THE -- AND IF THE ASSUMPTION IS -- IF THE DEFAULT POSITION OF THE

INSURANCE COMPANY IS -- IF THE WAY THEY'RE OPERATING IS THAT THERE'S

FRAUD AND WE'RE GONNA PROVE IT, THAT'S REALLY WRONG. I -- I WOULD

SUBMIT THAT MOST PEOPLE ARE HONEST AND SOME PEOPLE AREN'T.

MR. BLUMENCRANZ: WELL, I'D SAY THE VAST, VAST

MAJORITY OF INSURANCE CLAIMS FOR FRAUD ARE NOT INVESTIGATED, RIGHT? IF

THEY DON'T SEE ANY UNDERLYING FACTORS ON THE SURFACE THAT MIGHT NEED

INVESTIGATING, THEY DON'T DEFAULT TO, LET'S INVESTIGATE AND THEN

NYS ASSEMBLY MARCH 18, 2024

DETERMINE WHETHER OR NOT WE THINK THERE'S FRAUD HERE. AND I THINK

DFS REGULATION PRETTY MUCH UNDERLINES THE FACT THAT THEY CAN'T EVEN

JUST RANDOMLY INVESTIGATE AND LOOK FOR FRAUD UNDER EVERY CORNER. THEY

LOOK WHERE THEY SEE THERE MIGHT BE FRAUD AND THEN THEY INVESTIGATE.

BUT YOUR LEGISLATION, IT SEEMS LIKE IT'LL MAKE IT A LOT HARDER FOR THEM TO

BE ABLE TO RESEARCH THESE CLAIMS. SO WHAT TOOLS WILL THEY HAVE TO REALLY

UNDERSTAND THE FULL PICTURE IN COURT WHEN IT LOOKS AT -- WHEN WE'RE

LOOKING AT AN INVESTIGATION FOR FRAUD HERE AND THEY CAN'T LOOK AT MAYBE

SOME OF THE UNDERLYING FACTORS (INAUDIBLE) SOME OF THE BUSINESS IS

FUNNELING MONEY SOMEWHERE, OR THEY MIGHT HAVE NOW TODAY THAT DIDN'T

EXIST THEN. THEY COULD HAVE, YOU KNOW, CRYPTO WALLET WHERE THEY'RE

FUNNELING MONEY AND YOU COULD SEE THAT UNDER THEIR PERSONAL

INFORMATION, BUT NOT NECESSARILY IF YOU CAN'T LOOK AT THAT IN THE

DISCOVERY.

MR. DINOWITZ: WELL, THIS BILL DOESN'T PREVENT AN

INSURANCE COMPANY FROM INVESTIGATING. WHAT IT DOES IS IT RESTRICTS

THEM FROM DEMANDING INTRUSIVE, INTRUSIVE PERSONAL, FINANCIAL OR TAX

INFORMATION FROM SOMEBODY.

MR. BLUMENCRANZ: AND HOW DO YOU -- HOW DO

YOU DESCRIBE "INTRUSIVE" IN THIS LEGISLATION?

MR. DINOWITZ: WELL, I MEAN, INTRUSIVE IS DEFINED

IN THE DICTIONARY --

MR. BLUMENCRANZ: WELL, I MEAN --

(INAUDIBLE/CROSSTALK)

MR. DINOWITZ: FOR THOSE OF US WHO STILL USE

NYS ASSEMBLY MARCH 18, 2024

DICTIONARIES; SOME PEOPLE DON'T.

MR. BLUMENCRANZ: YOU DEFINE WHAT YOU CAN

AND CANNOT ASK FOR, WHICH WOULD BE THE VERY --

MR. DINOWITZ: WELL, I -- I - IF SOMEBODY IS

CLAIMING THAT SOME -- I GUESS -- WE'RE TALKING ABOUT THEFT CLAIMS, SO

SOMETHING WAS STOLEN. I'M NOT SURE THAT -- HOW -- HOW INFORMATION ON

THEIR FAMILY, THEIR CHILDREN, THEIR SPOUSE WOULD BE RELEVANT, AS AN

EXAMPLE.

MR. BLUMENCRANZ: WELL, IT WOULD BE KIND OF

FUNNY IF SOMEONE'S BUSINESS WAS FAILING AND THEIR KID ALL OF A SUDDEN

HAD A TON OF MONEY IN THEIR PERSONAL BANK ACCOUNTS AND THEY WERE

FUNNELING MONEY TO THE BUSINESS, IT WOULD GIVE IT A PRETTY GOOD PICTURE

THAT THERE WAS FRAUD BEING COMMITTED. ESPECIALLY IF THEY MIGHT BE

EMPLOYED, HAVE A NO-SHOW JOB, THERE ARE MANY FACTORS THAT YOU MIGHT

SEE IN LOOKING AT THE PERSONAL INFORMATION OF SOMEONE WHO DECIDED TO

SIGN A CONTRACT WITH AN INSURANCE COMPANY NOT TO COMMIT FRAUD, RIGHT?

MR. DINOWITZ: WELL, AGAIN, LOOKING FOR FRAUD

UNDER EVERY ROCK. BUT IT SAYS HERE YOU CAN'T ASK FOR THAT INFORMATION

WHERE NO SPECIAL CIRCUMSTANCES EXIST. SO IF THERE ARE SPECIAL

CIRCUMSTANCES, IF THERE'S A VERY SPECIFIC, APPARENT, LEGITIMATE REASON

WHY YOU WOULD NEED THAT INFORMATION, THIS BILL DOESN'T BAR THAT. IT

SIMPLY CREATES A SITUATION WHERE THAT'S NOT THE -- THE DEFAULT POSITION

THAT YOU'RE AUTOMATICALLY GONNA BE ASKING FOR ALL THIS INFORMATION THAT

YOU REALLY HAVE NO RIGHT TO.

MR. BLUMENCRANZ: YEAH. WELL, I DON'T THINK

NYS ASSEMBLY MARCH 18, 2024

YOU HAVE TO WORRY BECAUSE I DON'T THINK THAT'S THE DEFAULT POSITION IN

INSURANCE CLAIMS, PRACTICES OR BEST PRACTICES.

MR. DINOWITZ: WELL, THEIR DEFAULT POSITION

GENERALLY IS TO DENY EVERYBODY'S CLAIMS, NO MATTER WHAT KIND OF

INSURANCE, AND WE ALL KNOW THAT.

MR. BLUMENCRANZ: WELL, THAT -- THAT COULD BE

CASE FOR YOU, BUT I THINK THAT IN THE INSTANCE WHERE THEY'RE INVESTIGATING

MR. DINOWITZ: WELL, I'M SURE IF WE COULD TAKE A

SURVEY HERE --

MR. BLUMENCRANZ: -- PARTICULAR FRAUD CLAIMS,

RIGHT, NOT -- NOT A HOMEOWNER ISSUE WHERE THERE'S FRAUD, THEN THEY --

THEY CERTAINLY TRY TO INVESTIGATE AS BEST AS THEY CAN, BUT IT DOESN'T SEEM

THAT THIS LEGISLATION WOULD HELP WITH THAT. ALL RIGHT, THANK YOU SO

MUCH.

ON THE BILL, PLEASE.

MR. DINOWITZ: WELL, YOU'RE VERY WELCOME.

ACTING SPEAKER ZACCARO: ON THE BILL.

MR. BLUMENCRANZ: ONCE AGAIN, THIS IS A PIECE

OF LEGISLATION THAT WAS INTRODUCED TO TRY AND HELP THE CONSUMER, BUT

UNFORTUNATELY, THE INSURANCE INDUSTRY HAS PROVEN TIME AND TIME AGAIN

THAT $300 BILLION-PLUS A YEAR ARE LOST TO FRAUD, RIGHT? SO THEY'RE NOT

LOOKING UNDER EVERY ROCK, IT IS HAPPENING ALL AROUND US. PEOPLE MAKE

FRAUDULENT CLAIMS ALL OVER THE COUNTRY. WE SEE IT IN MEDICARE, WE SEE

IT IN MANY DIFFERENT FORMS OF INSURANCE, AND IT IS MAKING ALL OF US

NYS ASSEMBLY MARCH 18, 2024

LAW-ABIDING CITIZENS AND ALL OF THE INSURANCE PURCHASERS AROUND THE

COUNTRY, OUR POLICIES GET MORE EXPENSIVE BY A FEW HUNDRED DOLLARS

EVERY SINGLE YEAR. FRAUD IS A LARGE INDUSTRY, AND WE SHOULD BE DOING

EVERYTHING AS A BODY TO ELIMINATE FRAUD FROM MAKING THE LIVES OF ALL OF

OUR RESIDENTS MORE EXPENSIVE THAN TYING THE HANDS OF THOSE PEOPLE

WHO ARE TRYING TO FIND FRAUDULENT BEHAVIOR AND STOP IT WHEN THEY SEE IT.

SO I DO NOT SUPPORT THIS LEGISLATION AND I WOULD NOT

SUPPORT IT MYSELF. THANK YOU.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

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

ACTING SPEAKER ZACCARO: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT CAN CERTAINLY VOTE IN FAVOR OF IT HERE ON THE FLOOR. THANK

YOU, SIR.

ACTING SPEAKER ZACCARO: MRS. PEOPLES-

STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE

OF LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN

EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AND DO SO AT THEIR SEATS.

THANK YOU, SIR.

NYS ASSEMBLY MARCH 18, 2024

ACTING SPEAKER ZACCARO: 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 WANT TO RISE IN FAVOR OF THIS PIECE OF LEGISLATION AND JUST

STATE HOW I'M ALWAYS SO SURPRISED THAT IN A COUNTRY THAT'S SUPPOSED TO

BE BASED ON A RULE OF LAW AND LAW AND ORDER THAT THERE'S SO MUCH

CRIMINALITY THAT EVEN OUR INSTITUTIONS THAT ARE SUPPOSED TO PROVIDE US

SAFETY NETS DO THINGS IN TERMS OF THEIR BUSINESS TO PROTECT AGAINST FRAUD

EVEN THOUGH IT'S HAPPENING IN LARGE NUMBERS. AND BY THE WAY,

GENERALLY WHEN THEY FIND THIS FRAUD, IT'S NOT THE PEOPLE WHO GENERALLY

END UP BEING ACCUSED AND/OR PROSECUTED OF CRIMES AND INCARCERATED AS

A RESULT OF IT. IT'S ALWAYS THE PEOPLE AT THE LOWER END WHO HAVE THE

MOST IMPACT ON THE NEGATIVE RESULTS OF THEIR BUSINESS STRATEGIES, AS WELL

AS OUR CRIMINAL JUSTICE SYSTEM. AND SO AT SOME POINT IF WE REALLY ARE

THIS COUNTRY OF A RULE OF LAW, PEOPLE WHO COMMIT CRIMES IN AN

ORGANIZED FASHION, WHETHER IT'S TO BANKS OR INSURANCE COMPANIES OR,

QUITE FRANKLY, TO THE PEOPLE OF THE COUNTRY, THEY SHOULD BE NOT ONLY

ARRESTED, CHARGED AND GIVEN EVERY OPPORTUNITY TO DO THE SAME KIND OF

COURT TIME THAT THEY ASK THE LITTLE PEOPLE AT THE LOWER LEVEL OF OUR

SOCIETY TO HAVE TO DEAL WITH. AND SO IT'S ALMOST LIKE YOU GET WHAT YOU

PUT OUT. YOU KEEP PUTTING OUT A NEGATIVE CRIMINAL JUSTICE STRATEGY FOR

THIS COUNTRY, AND AT THE SAME TIME, YOU HAVE TO DO THINGS LIKE BANKS

ASKING FOR PERSONAL INFORMATION, INSURANCE COMPANIES ASKING FOR

NYS ASSEMBLY MARCH 18, 2024

PERSONAL INFORMATION TO PROTECT THEMSELVES AGAINST THE PEOPLE WHO ARE

COMMITTING BROADER FRAUDS THAT DON'T HAPPEN TO BE THE TRADITIONAL

WORKING CLASS, LOWER CLASS PEOPLE. BUT WE'RE THE ONES WHO SUFFER

MOSTLY FROM OUR CRIMINAL JUSTICE SYSTEM.

SO IN OTHER WORDS, KARMA IS REAL. AND SO I SUPPORT

THIS LEGISLATION BECAUSE I THINK WE NEED TO BE PROTECTING PEOPLE WHO

NEED THE PROTECTION MOST, NOT THOSE THAT ARE AT THE LEVELS OF ORGANIZED

CRIME.

ACTING SPEAKER ZACCARO: MRS. PEOPLES-

STOKES 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, DO YOU

HAVE FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER ZACCARO: NO HOUSEKEEPING

AT THIS TIME, BUT MRS. PEOPLES-STOKES, WE HAVE A NUMBER OF FINE

RESOLUTIONS WHICH WE WILL 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. 971-973

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY MARCH 18, 2024

REMIND COLLEAGUES ON BOTH SIDES OF THE AISLE, THOSE THAT ARE ON BUDGET

CONFERENCE COMMITTEES, THOSE MEETINGS WILL HAPPEN AT 5:00 P.M.

TODAY, AND I WOULD MOVE THAT THE ASSEMBLY STAND ADJOURNED AND THAT

WE RECONVENE AT 1:00 P.M., TUESDAY, MARCH THE 19TH, TOMORROW BEING

A SESSION DAY.

ACTING SPEAKER ZACCARO: THE HOUSE STANDS

-- ON MRS. PEOPLES-STOKES' NOTICE, THE HOUSE WILL STAND ADJOURNED.

(WHEREUPON, AT 4:39 P.M., THE HOUSE STOOD ADJOURNED

UNTIL TUESDAY, MARCH 19TH AT 1:00 P.M., THAT BEING A SESSION DAY.)