WEDNESDAY, MARCH 29, 2023 2:57 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 TUESDAY, MARCH 28TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY MARCH 29, 2023

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

28TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR. GOOD

AFTERNOON, COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBERS. I WANT TO

SHARE A QUOTE TODAY FROM ANNA -- ANNA LAMOTT. SHE IS A POLITICAL

ACTIVIST, A PUBLIC SPEAKER, A WRITING INSTRUCTOR AND A NOVELIST. SHE WAS

AWARDED THE GUGGENHEIM FELLOWSHIP IN 1985, AND INDUCTED INTO THE

CALIFORNIA HALL OF FAME IN 2010. HER WORDS FOR US TODAY, "THERE ARE

PLACES IN YOUR HEART YOU DON'T EVEN KNOW EXIST UNTIL YOU LOVE A CHILD."

THIS ONE, MR. SPEAKER, CAME TO ME IN HONOR OF THOSE YOUNG PEOPLE

AND THE ADULTS WHO LOST THEIR LIVES RECENTLY TO GUN VIOLENCE IN

TENNESSEE. AGAIN, "THERE ARE PLACES IN YOUR HEART YOU DON'T EVEN

KNOW EXIST UNTIL YOU LOVE A CHILD." I AM GRATEFUL WE'RE AT A PLACE

WHERE WE LOVE CHILDREN IN THE COUNTRY MORE THAN WE LIKE TO MAINTAIN

WEAPONS.

MAJORITY COLLEAGUES AND IN THE CHAMBERS, EVERYBODY

HAS ON THEIR DESK A MAIN CALENDAR, AND AFTER THERE HAVE BEEN ANY

INTRODUCTIONS AND/OR HOUSEKEEPING, WE'RE GOING TO BEGIN OUR WORK ON

THE FLOOR BY TAKING UP THREE RESOLUTIONS, WHICH I BELIEVE MANY OF OUR

MEMBERS WILL WANT TO SPEAK. AFTER THAT, WE'RE GOING TO TAKE UP THE

FOLLOWING BILLS ON PAGE 4, THEY'RE GOING TO BE ON DEBATE: RULES NO.

112 BY MR. ZEBROWSKI, AND RULES NO. 113 BY MS. HUNTER. AS WE

NYS ASSEMBLY MARCH 29, 2023

PROCEED, I WILL MAKE ANOTHER ANNOUNCEMENT ABOUT FLOOR ACTIVITY,

HOWEVER, RIGHT NOW, MR. SPEAKER, THAT'S THE GENERAL OUTLINE OF WHERE

WE'RE GOING AND WHERE WE ARE, AND IF YOU HAVE INTRODUCTIONS OR

HOUSEKEEPING, NOW WOULD BE A GREAT TIME, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

AND WE DO HAVE A PIECE OF HOUSEKEEPING.

ON A MOTION BY MR. EPSTEIN, PAGE 4, RULES REPORT

NO. 111, BILL NO. A.1395-B, AMENDMENTS ARE RECEIVED AND ADOPTED

AND THE STAR IS REMOVED.

FOR THE PURPOSES OF A INTRODUCTION, MR. JONES.

MR. JONES: THANK YOU, MR. SPEAKER. AND IT'S

VIETNAM VETERANS DAY HERE IN THE -- THE ASSEMBLY AND THE STATE

LEGISLATURE. I WANT TO THANK MY COLLEAGUES MR. BLANKENBUSH AND MR.

MORINELLO WHO ARE VIETNAM VETERANS. THANK THEM FOR THEIR SERVICE.

AND I HAVE A VIETNAM VETERAN HERE WITH ME ALL THE WAY FROM THE

NORTH COUNTRY, LEON J. MENARD ENLISTED IN THE UNITED STATES ARMY

FROM 1965 TO 1967, SERVING FROM THE 159TH BATTALION 274

TRANSPORTATION CORPS AS A 100-TON CRANE OPERATOR. LEON SERVED OUR

COUNTRY IN THE VIETNAM WAR FROM JUNE '66 TO APRIL 29TH, '67. THE

FOLLOWING YEAR, ON NOVEMBER 9TH, 1968, LEON MARRIED THE LOVE OF HIS

LIFE, CAROL, WHO JOINS HIM HERE TODAY. LATER THIS YEAR THE COUPLE FROM

MOOERS WILL CELEBRATE THEIR 55TH WEDDING ANNIVERSARY. LEON WAS ALSO

A NORTH COUNTRY BUSINESSOWNER WHERE HE RAN LEON J. MENARD HOME

IMPROVEMENTS FOR SEVERAL DECADES, SPECIALIZING IN HEATING AND

NYS ASSEMBLY MARCH 29, 2023

PLUMBING SERVICES. TOGETHER, LEON AND CAROL AND RAISED THEIR THREE

DAUGHTERS AND ONE SON. LEON IS JOINED BY HIS SON MICHAEL, DAUGHTERS

TINA AND MICHELLE, AND HIS GRANDSON, AUSTIN GONYO, WHO IS STANDING

IN FOR HIS MOTHER, TAMMY. I WANT TO THANK HIM AND THEIR FAMILY -- AND

HIS FAMILY FOR THEIR SERVICE TO OUR COUNTRY AND FOR HIS YEARS OF

DEDICATION TO THE NORTH COUNTRY.

MR. SPEAKER, WOULD YOU AFFORD LEON AND HIS FAMILY

THE CORDIALITIES OF THE FLOOR AND WELCOME THEM TO THE PEOPLE'S HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. JONES, THE SPEAKER AND ALL THE MEMBERS, LEON, WE WELCOME

YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR, THAT AND YOUR WONDERFUL FAMILY THAT HAS

SUPPORTED YOU HERE. WE THANK YOU FOR YOUR SERVICE AND COMMEND YOU

ON, WAS THAT 55 YEARS OF WEDDED BLISS? GOD BLESS YOU, SIR. GOD BLESS.

THANK YOU FOR BEING HERE.

(APPLAUSE)

MR. SLATER FOR THE PURPOSES OF A INTRODUCTION.

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

TO WELCOME AND INTRODUCE SEVERAL MEMBERS OF MY COMMUNITY IN THE

TOWN OF YORKTOWN. AS MANY KNOW, I WAS THE TOWN SUPERVISOR THERE

FOR THREE YEARS. AND ANYBODY WHO HAS SERVED IN LOCAL GOVERNMENT

KNOWS THE IMPORTANCE OF HAVING A GREAT TEAM IN ORDER TO SUCCEED ON

ANYTHING THAT YOU SET OUT TO ACCOMPLISH. I WAS LUCKY, VERY LUCKY, TO

HAVE A GREAT TEAM WITH ME IN TOWN HALL. I'M JOINED TODAY BY

COUNCILMAN ED LACHTERMAN, WHO IS CURRENTLY SERVING AS DEPUTY

NYS ASSEMBLY MARCH 29, 2023

SUPERVISOR, AND I'M ALSO JOINED TODAY BY MEMBERS OF OUR FINANCE

TEAM, INCLUDING THE TOWN'S COMPTROLLER, PAT CAPORALE, GENNELLE

MACNEIL AND RACHEL SCARANO. PAT CAPORALE IS CURRENTLY SERVING AS THE

PRESIDENT OF NEW YORK'S GOVERNMENT FINANCE OFFICERS ASSOCIATION.

SHE'LL ACTUALLY -- SHE'S BEEN SERVING THERE FOR THE PAST YEAR AS THE

PRESIDENT OF GFOA, AND WILL BE PASSING THE BATON ON I BELIEVE

TOMORROW TO A NEW PRESIDENT OF THAT GREAT ORGANIZATION. AND WITH THIS

TEAM, ESPECIALLY OUR FINANCE TEAM, WE'VE ACCOMPLISHED SO MUCH IN THE

TOWN OF YORKTOWN, INCLUDING CUTTING OUR TOWN TAX RATE FOR THE FIRST

TIME IN 30 YEARS, AND DOING IT TWICE IN THREE YEARS.

AND SO, MR. SPEAKER, I'M SO THRILLED TO HAVE THEM

HERE WITH ME TODAY, AND IF YOU COULD PLEASE EXTEND THE CORDIALITIES OF

THE HOUSE, I'D APPRECIATE IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. SLATER, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

DISTINGUISHED MEMBERS OF YORKTOWN HERE TO THE NEW YORK STATE

ASSEMBLY, COMMEND YOU ON THE WORK THAT YOU'RE DOING TO TAKE CARE OF

YOUR COMMUNITY. HOPE THAT YOU WILL ENJOY YOUR TRIP, AND OBVIOUSLY

THAT LAST DAY IS ALWAYS SPECIAL, AND THAT YOU'VE CHOSEN TO SPEND IT WITH

US IS EVEN MORE SPECIAL. THANK YOU SO VERY MUCH FOR YOUR SERVICE.

(APPLAUSE)

MR. BURKE FOR THE PURPOSES OF A INTRODUCTION.

MR. BURKE: THANK YOU, MR. SPEAKER. MANY OF

YOU PROBABLY REMEMBER THE TERRIBLE INCIDENT DURING THE BUFFALO BILLS

GAME WHEN BILLS SAFETY DAMAR HAMLIN VERY, VERY TERRIFYINGLY HAD A

NYS ASSEMBLY MARCH 29, 2023

HEART ATTACK ON THE FIELD. IT'S MY EXTRAORDINARY HONOR TO INTRODUCE AND

-- AND WELCOME TO THE FLOOR TODAY TWO OF THE -- THE TRAINERS WHO SAVED

DAMAR HAMLIN'S LIFE. SO, NATE BRESKE AND DENNY KELLINGTON. YOU

KNOW, WE -- WE THROW AROUND THE TERM "HERO" QUITE A LOT, BUT THEY

QUITE LITERALLY SAVED A MAN'S LIFE FOR THE WHOLE WORLD TO SEE.

SO IF YOU COULD EXTEND TO THEM THE CORDIALITIES AND

PRIVILEGES OF THE HOUSE, I WOULD APPRECIATE IT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BURKE, THE SPEAKER AND ALL THE MEMBERS, GENTLEMEN, WE

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

PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON THE HEROISM YOU

SHOWED AND THE CALMNESS UNDER PRESSURE. WE ALL WATCHED WITH BATED

BREATH AS YOU DID THE WORK THAT YOU DID. THANK GOODNESS DAMAR IS

STILL WELL AND WITH US, AND HOPEFULLY RETURNING TO FOOTBALL SOON. THANK

YOU SO VERY MUCH FOR YOUR WORK.

(APPLAUSE)

MS. SOLAGES FOR THE PURPOSES OF A INTRODUCTION.

MS. SOLAGES: THANK YOU, MR. SPEAKER. AND AS

WE CELEBRATE NATIONAL ATHLETIC TRAINING MONTH, YOU KNOW, THE STORY

THAT WE HEARD OF THESE TWO FINE GENTLEMEN SAVING LIVES HAPPENS ALMOST

EVERY WEEK, WHERE ATHLETIC TRAINERS HAVE TO RUN ON THE FIELD AND SAVE

LIVES. AND SO WE ARE ALSO JOINED BY MANY OTHER DIFFERENT ATHLETIC

TRAINERS FROM ACROSS THIS STATE WHO ARE HERE JUST MAKING SURE PEOPLE

KNOW THAT ATHLETIC TRAINERS ARE HERE AND WANT TO ADVOCATE FOR ISSUES.

SO WE HAVE CAITE BUCCO, LISA GEIGER, JESSICA LAPPE, MEGAN

NYS ASSEMBLY MARCH 29, 2023

O'GRODNIK, KURT PFAFFENBACH, KENT SCRIBER, BRIDGET WARD AND AIMEE

BRUNELLE.

PLEASE GIVE THEM THE CORDIALITIES OF THE HOUSE. THANK

YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

DISTINGUISHED GROUP OF ATHLETIC TRAINERS HERE TO THE NEW YORK STATE

ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THERE IS A SENSE

IN THIS BODY AND IN THE SENATE THAT WE HAVE SOME ATHLETES WHO SIT IN

THESE SEATS AND SOONER OR LATER THEY'RE GOING TO PLAY BASKETBALL

SOMETIME THIS YEAR. WE PROBABLY WILL NEED YOU BEFORE THAT HAPPENS.

BUT IN ANY EVENT, WE'RE PLEASED THAT YOU'RE HERE WITH US TODAY. KNOW

THAT YOU HAVE FRIENDS HERE AND YOU WILL ALWAYS BE WELCOME. THANK

YOU.

(APPLAUSE)

WE WILL START WITH RESOLUTIONS ON PAGE 3, THE CLERK

WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 249, MS.

SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 2023, AS ATHLETIC TRAINING MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. SOLAGES ON THE

RESOLUTION.

MS. SOLAGES: THANK YOU, MR. SPEAKER. BEFORE I

NYS ASSEMBLY MARCH 29, 2023

WAS ACTUALLY A LEGISLATOR, I ACTUALLY WAS AN ATHLETIC TRAINER. AND I

REMEMBER VIVIDLY BEING ON THE FIELD AND SEEING FREQUENTLY ATHLETES

GETTING INJURED AND HAVING THAT -- THAT RESPONSE OF RUNNING ON THE FIELD

AND -- AND TRIAGING AND DETERMINING WHAT'S GOING ON IN THOSE LIFE AND

DEATH SITUATIONS. AND SO I REALLY WANT TO STAND HERE AND COMMEMORATE

THE GREAT WORK OF ATHLETIC TRAINERS AND WHAT THEY DO, AND MAKING SURE

THAT WE ACKNOWLEDGE THAT THESE HEALTH CARE PROFESSIONALS ARE DOING THE

GREAT WORK NOT ONLY ON THE FIELD, BUT ALSO NOW IN DIFFERENT INDUSTRIES

AND AREAS. THERE ARE MAJOR COMPANIES THAT HIRE ATHLETIC TRAINERS NOW

TO MAKE SURE THAT THEIR WORKERS DON'T HAVE OVERUSE INJURIES. AND SO,

YOU KNOW, THE WORK OF ATHLETIC TRAINER IS REALLY BEYOND SPORTS. THEY'RE

AN ESSENTIAL PART OF THE HEALTH CARE SYSTEM. THEY WORK IN HOSPITALS,

CLINICS AND OTHER SETTINGS. THEY MAKE SURE THAT PEOPLE ARE TAKEN CARE

OF, GIVEN MODALITIES, AND THEY'RE A KEY ROLE IN HELPING PATIENTS MANAGE

CHRONIC CONDITIONS LIKE ARTHRITIS, DIABETES, AND OTHER OVERUSE INJURIES.

SO WE CELEBRATE NATIONAL ATHLETIC TRAINING MONTH SO

WE TAKE A MOMENT TO RECOGNIZE THE IMPORTANT WORK OF ATHLETIC TRAINERS

AND THE EVERYDAY WORK OF MAKING SURE THAT THEY ARE HEALTHY AND BACK

ON THE FIELD. THEIR DEDICATION, THEIR PROFESSIONALISM, THE EXPERTISE IS

INDISPENSABLE AND A PART OF THE HEALTH CARE SYSTEM, AND WE ARE SO

FORTUNATE TO HAVE THEM ON OUR TEAM.

SO I THANK ALL THE ATHLETIC TRAINERS FOR THE INCREDIBLE

WORK THAT THEY DO. THEY ARE TRULY ESSENTIAL, AND WE ARE GRATEFUL FOR

MAKING SURE THEY KEEP US HEALTHY, STRONG AND ACTIVE. THANK YOU, MR.

SPEAKER.

NYS ASSEMBLY MARCH 29, 2023

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE -- ALL THOSE IN FAVOR

SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 250, MS.

JEAN-PIERRE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 29, 2023 AS VIETNAM VETERANS DAY

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

NATIONAL VIETNAM VETERANS DAY.

ACTING SPEAKER AUBRY: MS. JEAN-PIERRE ON

THE RESOLUTION.

MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SPEAK ON THIS IMPORTANT RESOLUTION. AS CHAIR OF THE

VETERANS' COMMITTEE, IT IS TRULY AN HONOR TO SPEAK IN SUPPORT OF THIS

RESOLUTION HERE ON VIETNAM VETERANS DAY, AND TO RECOGNIZE THE MORE

THAN 200,000 VIETNAM VETERANS FROM NEW YORK STATE AND TO

REMEMBER ALL THOSE WHO PERISHED DURING THIS CONFLICT. IT WAS 50 YEARS

AGO THAT FINAL TROOPS WERE WITHDRAWN FROM THE VIETNAM WAR AFTER

BLOODSHED AND SACRIFICE. MORE THAN 58,000 AMERICANS WERE KILLED

DURING THIS LONG AND COSTLY CONFLICT. FIFTY-EIGHT THOUSAND FAMILIES

MISSING A CHERISHED LOVED ONE AT THE KITCHEN TABLE. SOME MIGHT KNOW

-- NOT KNOW THAT VIET -- THAT THE VIETNAM WAR WAS THE FIRST MAJOR U.S.

CONFLICT THAT WAS FOUGHT WITH A TRULY INTEGRATED MILITARY. WITH

PRESIDENT TRUMAN HAVING SIGNED AN EXECUTIVE ORDER INTEGRATING

AMERICA'S ARMED FORCES IN 1948, A PIVOTAL STEP WHICH WOULD

NYS ASSEMBLY MARCH 29, 2023

ACKNOWLEDGE THAT WE WERE NOT A BLACK OR WHITE AMERICA, WE ARE A

UNITED STATES OF AMERICA, BOTH --

(APPLAUSE)

-- BOTH ON THE BATTLEFIELD AND BACK AT HOME. ONE

OFTEN FORGOTTEN, THE DISTURBING REALITY IS THERE ARE STILL 1,584 U.S.

SERVICE MEMBERS MISSING IN ACTION IN VIETNAM. TODAY, WE ALSO

REMEMBER THE BRAVE SOLDIERS AND OFFER PRAYERS AND COMFORT AND

CLOSURE TO THEIR FAMILIES. AND LET'S NOT FORGET HOW OUR SURVIVORS --

SURVIVING TROOPS WERE TREATED IN RETURNING HOME. VIETNAM VETERANS

WERE OFTEN CHET -- CHASED, MISTREATED, EVEN SPIT ON DURING THEIR CIVILIAN

LIFE, A COMPLETE DISREGARD TO THOSE BRAVE SOLDIERS, MANY OF WHOM

DRAFTED AND FORCED TO LEAVE THEIR LOVED ONES BEHIND WITHOUT HAVING ANY

SAY. MANY OF THESE VETERANS SUFFER FROM PTSD, ADDICTION, VARIOUS

MENTAL HEALTH DISORDERS AND MORE. AND STILL TO THIS DAY, THERE ARE FAR

TOO MANY VETERANS WHO DO NOT RECEIVE THE PROPER CARE OR WRAPAROUND

SERVICES.

TODAY SHOULD WE -- WE SHOULD SERVE AS A REMINDER,

ESPECIALLY AT THE HEIGHT OF NEGOTIATIONS ON OUR STATE BUDGET, THAT WE

MUST CONTINUE TO WORK HARD TO ENSURE THAT OUR VETERANS REMAIN A TOP

PRIORITY FOR US AS ELECTED OFFICIALS. WE NOT ONLY NEED TO SAY THANK YOU

TO OUR VETERANS EVERY DAY, BUT WE NEED TO PAY BACK UP AND THANK THEM

EVERY DAY. THIS BODY -- I'M SO PROUD TO STAND IN THIS BODY BECAUSE WE

CONTINUE TO DO THE WORK OF THOSE WHO HAVE SACRIFICED FOR US.

FINALLY, I WOULD LIKE TO PERSONALLY TAKE A MOMENT TO

RECOGNIZE A PROUD VIETNAM VETERAN, OUR FRIEND AND A VITAL MEMBER OF

NYS ASSEMBLY MARCH 29, 2023

THIS PEOPLE'S HOUSE, OUR SERGEANT-OF-ARMS [SIC], WAYNE JACKSON.

(APPLAUSE)

MR. JACKSON BEGAN HIS SERVICE IN THE ARMY IN 1967,

AND WAS -- AND WAS A MEMBER OF THE 19TH -- 19TH INFANTRY DELTA UNIT

AND A RECIPIENT OF THE PURPLE HEART. WE ALWAYS VALUE AND CHERISH HIS

SERVICE TO OUR CHAMBER AND MAKING SURE WE REMAIN SAFE, WELCOMING A

PLACE FOR ALL. THANK YOU, MR. SERGEANT ARMS [SIC] FOR YOUR SERVICE AND

YOUR DEDICATION TO THIS CHAMBER AND TO THIS COUNTRY.

ONCE AGAIN, I'M PROUD TO SPONSOR THIS RESOLUTION AND I

WANT TO THANK MY COLLEAGUES FOR SUPPORTING THIS RESOLUTION, AND TO ALL

THOSE WHO HAVE TRAVELED FROM THE TOP OF NEW YORK STATE TO THE

BOTTOM, WE THANK YOU AND WE RECOGNIZE YOU. AND TO MY COLLEAGUES OF

THE VETERANS' COMMITTEE AND ALL MY COLLEAGUES, THANK YOU.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. EACHUS ON THE

RESOLUTION.

MR. EACHUS: THANK YOU, MR. SPEAKER. THE FIRST

THING THAT I'D LIKE TO DO IS I'D LIKE TO HELP INFORM FOLKS HERE THAT WE DO

NOT NEED TO CONFUSE THAT THERE ARE VIETNAM VETERANS AND THERE ARE

VIETNAM-ERA VETERANS. THE FOLKS THAT ARE SITTING BACK HERE IN JUST ROWS

ARE VIETNAM VETERANS. THAT MEANS THEY WERE IN COUNTRY. THAT MEANS

A BIG DEAL, OKAY? AND WE SHOULD RECOGNIZE THAT WITHOUT QUESTION AND

I JUST WANTED TO CLARIFY THAT. I WAS ABLE TO INVITE A GENTLEMAN HERE BY

THE NAME OF RICHARD "RICHIE" LAY, IF YOU WOULD STAND, SIR. THANK

YOU. I ASKED HIM TO SEND ME A SHORT BIO. IF I CAN READ WHAT HE SENT TO

NYS ASSEMBLY MARCH 29, 2023

ME AS A VERY SHORT BIO, HIS BIO SAYS, HERE'S THE READER -- READER'S

DIGEST VERSION. RICHIE WAS BORN IN NEW YORK CITY DURING THE LAST

CENTURY; RICHIE WILL DIE DURING THIS CENTURY, LOCATION TBD. SO THAT'S --

THAT'S THE SENSE OF HUMOR THAT HE DOES HAVE. AS YOU KNOW, HE IS A

VIETNAM VETERAN BUT HE'S NOT JUST THAT. FOR ME, HE IS A FRIEND AND HE IS

TRULY A HERO OF MINE. I AM NOT A VETERAN, BUT I THINK HE WILL JUSTIFY THE

FACT THAT I WILL DO ANYTHING FOR ANY VETERAN OUT THERE THAT I POSSIBLY

CAN, AND HAVE DONE THAT FOR MY ENTIRE ADULT LIFE. RICHIE RECEIVED THE

PURPLE HEART WHILE IN VIETNAM AND, MOST IMPORTANTLY, HE ALSO IS THE

CHAIR OF THE PURPLE HEART HALL OF HONOR, INCORPORATED IN NEW

WINDSOR, MY DISTRICT. HE WANTED ME TO MENTION THAT ONE OF THE THINGS

THAT TOOK HIM OVER SEVEN YEARS TO ACHIEVE WAS THE PURPLE HEART HONOR

COIN, WHICH WAS MINTED JUST LAST YEAR AND IS OUT THERE BEING SOLD NOW.

THE PROCEEDS OF THAT COIN GO TO HELP VETERANS AND THE PURPLE HEART

HALL OF HONOR.

THE FINAL THING THAT I'D JUST LIKE TO SAY, I DON'T WANT TO

DRAG IT ON, BUT ONE OF THE THINGS THAT WE ALL DID IN MY DISTRICT INCLUDING

RICHIE, WHO WAS THERE, WAS THAT WE BROUGHT THE WALL THAT HEALS INTO

NEWBURGH, THE AREA. AND IF YOU HAVE AN OPPORTUNITY TO HAVE THAT IN

YOUR DISTRICT, PLEASE INVITE IT TO COME AND HAVE IT THERE. IT IS AN

AMAZING THING. IT USUALLY -- IT'S OPEN 24 HOURS A DAY AND IT ALLOWS

MANY OF THE VIETNAM VETERANS TO REALLY EXPRESS THEMSELVES, AS THEY

DID TODAY. SO THANK YOU VERY MUCH, RICHIE, FOR BEING A FRIEND AND A

HERO.

(APPLAUSE)

NYS ASSEMBLY MARCH 29, 2023

ACTING SPEAKER AUBRY: MR. SLATER ON THE

RESOLUTION.

MR. SLATER: THANK YOU, MR. SPEAKER. IT'S GREAT TO

RISE ONCE AGAIN TO RECOGNIZE SOME INCREDIBLE INDIVIDUALS WHO ARE WITH

US TODAY, AND THOSE WHO HAVE SERVED THIS COUNTRY WHEN THEY WERE

CALLED UPON. I REMEMBER IN 2015 WHEN I WAS CHIEF-OF-STAFF FOR STATE

SENATOR TERRENCE MURPHY, WE PASSED LEGISLATION FOR THE FIRST TIME

HAVING NEW YORK STATE RECOGNIZE THE VBA AS A BENEVOLENT ORDER, NOT

REALIZING THE IMPACT THAT THAT WOULD HAVE ON SO MANY INDIVIDUALS WHO

SERVED OVER IN VIETNAM. TODAY WE ARE RECOGNIZING -- CONTINUING TO

RECOGNIZE THEIR SERVICE, AND WE CONTINUE TO CELEBRATE THE SERVICE OF SO

MANY.

FROM MY DISTRICT WE HAVE WITH US ANGELO ARENA,

TONY CASALE, THOMAS WIRTH, AND JAMES MECCA, IF THEY WOULD LIKE TO

STAND SO WE CAN RECOGNIZE THEM. THESE BRAVE MEN ANSWERED OUR

COUNTRY'S CALL. AND WHEN I THINK ABOUT SOME OF THE MISSTEPS THAT OUR

COUNTRY HAS MADE IN THE PAST, IT WASN'T THAT THEY ANSWERED THE CALL, IT

WAS THEIR TREATMENT WHEN THEY RETURNED HOME. AND WE KNOW FROM

PEOPLE LIKE BOB CASTELLI, WHO SERVED IN THIS LEGISLATURE, WHO SERVED IN

THIS HOUSE, WHO WAS SPIT ON WHEN HE WAS RETURNED HOME. WE'VE

HEARD STORIES FROM PEOPLE IN MY COMMUNITY LIKE EUGENE LANG WHO

HAD TO BEG FOR MONEY ON THE STREET WHEN HE WAS STATESIDE JUST TO CALL

HIS FAMILY TO LET THEM KNOW HE MADE IT. THANKFULLY, SINCE THEN WE

HAVE MADE TREMENDOUS STRIDES IN RECOGNIZING AND CELEBRATING THE

SERVICE OF THOSE WHO WEAR THE UNIFORM. I THINK THAT'S A GREAT TRIBUTE TO

NYS ASSEMBLY MARCH 29, 2023

THE COUNTRY THAT WE LIVE IN. AND TODAY, WE ARE ONCE AGAIN GOING BACK

TO THAT MOMENT WHERE WE CELEBRATE, WE FINALLY SAY TO OUR VIETNAM

VETERANS, "MISSION ACCOMPLISHED, AND WELCOME HOME."

AND SO TO ALL OF THOSE WHO SERVED, FROM MR.

BLANKENBUSH, MR. ANGEL -- ANGELINO, AND OF COURSE MR. JACKSON AND

ALL THOSE BRAVE SOLDIERS WHO SIT IN THE BACK OF OUR CHAMBER, WELCOME

HOME, MISSION ACCOMPLISHED, THANK YOU FOR YOUR SERVICE.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. MAHER ON THE

RESOLUTION.

MR. MAHER: THANK YOU, MR. SPEAKER. I ALSO

WOULD LIKE TO STEAL THE THUNDER OF MY COLLEAGUE ASSEMBLYMAN EACHUS.

RICHIE LAY IS SOMEONE WHO HAS BEEN A MENTOR TO ME AS THE CHAIR OF

THE NATIONAL PURPLE HEART HONOR MISSION. I WAS THE EXECUTIVE

DIRECTOR, HE WAS MY BOSS. AND TOGETHER, WE WERE ABLE TO REALLY DO

SOME AMAZING THINGS TO HONOR OUR PURPLE HEART RECIPIENTS FROM

THROUGHOUT THE COUNTRY, AND IT CERTAINLY IS A PLEASURE FOR -- FOR HIM TO

BE HERE, SO THANK YOU FOR INVITING HIM. AS A STAFF MEMBER TO NEW

YORK STATE SENATOR BILL LARKIN, I HAD THE ABILITY TO WATCH HIM HONOR

VIETNAM VETERANS EVERY YEAR ON THE SENATE SIDE, AND FOR ME IT WAS A

SPECIAL TREAT TO SELECT ONE OF OUR VIETNAM VETERANS FROM THE 101ST

DISTRICT. WE BROUGHT UP HERE WITH ME ROBERT E. LEWIS, AND HE'S

JOINED BY HIS WIFE, MARY LEWIS, WHO IS ALSO A TREMENDOUS SUPPORTER OF

OUR VETERANS' COMMUNITY, SPECIFICALLY THE HUDSON VALLEY HONOR

FLIGHT. THEY'VE BEEN A PART OF ROLLING THUNDER, AND ROBERT IS PART OF

NYS ASSEMBLY MARCH 29, 2023

NAM KNIGHTS, AN ACTIVE MEMBER OF THE WALDEN VFW AND AMERICAN

LEGION. ROBERT SERVED IN VIETNAM AS A GUNNER AND CREW CHIEF ON A

HUEY HELICOPTER, AND HIS SERVICE AS A 20-YEAR-OLD IN VIETNAM IN

COMBAT IS REALLY EXTRAORDINARY. FOR THE FIRST TIME, ALTHOUGH I'VE KNOWN

HIM FOR OVER A DECADE, WE GOT TO SHARE HIS EXPERIENCE AND HIS SERVICE

TODAY, AND I WAS REMINDED OF WHAT FOLKS LIKE ROBERT WERE REFERRED TO.

THEY WERE REFERRED TO AS "THE MAN IN THE DOORWAY." AND THERE'S A

POEM HERE THAT I'D LIKE TO READ BY MICHAEL RYERSON THAT MUCH BETTER

DESCRIBES WHAT "THE MAN IN THE DOORWAY" MEANT TO OUR TROOPS IN

VIETNAM.

THEY CAME IN LOW AND HOT, CLOSE TO THE TREES AND

DROPPED THEIR TAIL IN A FLARE, ROCKED FORWARD AND WE RACED FOR THE

OPEN DOORWAYS. THIS WAS ALWAYS THE WORST FOR US; WE COULDN'T HEAR

ANYTHING AND OUR BACKS WERE TURNED TO THE TREE LINE. THE BEST YOU

COULD HOPE FOR WAS A SIGN ON THE FACE OF THE MAN IN THE DOORWAY,

LEANING OUT, WAITING TO HELP WITH A TUG OR TO LAY DOWN SOME LEAD.

SOMETIMES YOU COULD GLANCE QUICKLY AT HIS FACE AND PICK UP A CLUE AS

TO WHAT WAS ABOUT TO HAPPEN. WE WOULD PITCH OURSELVES IN HEADFIRST

AND TUMBLE AGAINST THE SCUFFED RIVETED ALUMINUM, GRAB FOR A HANDHOLD

AND WILL THAT SON-OF-A INTO THE AIR. SOMETIMES THE DECK WAS SLICK WITH

BLOOD OR WORSE, SOMETIMES SOMETHING HAD BEEN LEFT IN THE SHADOWS

UNDER THE WEB SEATS. SOMETIMES THEY LANDED IN A SHALLOW RIVER TO

WASH THEM OUT. SOMETIMES THEY WERE LATE, SOMETIMES THEY WERE

PARKED IN SOME OTHER LZ WITH THEIR ROTORS TURNING A LAZY ARC, A GHOST

CREW STRAPPED IN ONCE TOO OFTEN, MOTIONLESS, WAITING FOR THEIR OWN LIFT,

NYS ASSEMBLY MARCH 29, 2023

THEIR OWN BAGS, ONCE TOO OFTEN INTO THE MARGINS. THE GETTING ON AND

THE GETTING OFF WERE THE WORST FOR US, BUT THIS WAS ALL HE KNEW, THE MAN

IN THE DOORWAY. HE WAS ALWAYS STANDING THERE IN THE NOISE, WATCHING,

URGING, SWINGING OUT WITH HIS GUN, GRABBING THE BLACK PLASTIC AND

HEAVING, LEANING OUT AND SPITTING, SPITTING THE TASTE AWAY, AS THOUGH IT

WOULD GO AWAY.

THEY CAME IN LOW AND HOT, CLOSE TO THE TREES AND

DROPPED THEIR TAIL IN A FLARE, ROCKED FORWARD AND BEGAN TO KICK THE

BOXES OUT, BOUNCING AGAINST THE SKIDS, PILING UP ON EACH OTHER, FOOD

AND WATER, AND BULLETS. A THOUSAND POUNDS OF CS, WARM WATER AND

ROUNDS, 7.62 MM, HALF-A-TON OF LIFE AND DEATH. AND WHEN THE DECK WAS

CLEAR, WE WOULD PILE THE BAGS, SWING THEM AGAINST THEIR WEIGHT AND

THROW THEM THROUGH THE DOORWAY, HIS DOORWAY, ONTO HIS DECK AND NOD

AND HE'D SPEAK INTO THAT LITTLE MIC AND THEY'D GO NOSE DOWN AND LIFT

INTO THEIR LAST FLIGHT, THEIR LAST EXTRACTION. SOMETIMES HE'D RAISE A

THUMB OR PERHAPS A FIST OR SOMETIMES JUST A SLY, KNOWING SMILE,

KNOWING WE WERE STAYING AND HE WAS GOING, BUT ALSO KNOWING HE'D BE

BACK, HE'D BE BACK IN A BLINK, STANDING IN THE SWIRLING NOISE AND THE

ROTOR WASH, BACK TO LET US RUSH THROUGH HIS DOOR AND SKID ACROSS HIS

DECK AND WILL THAT SON-OF-A INTO THE AIR.

THEY CAME IN LOW AND HOT, CLOSE TO THE TREES AND

DROPPED THEIR TAIL IN A FLARE, ROCKED FORWARD, KICKED OUT THE BOXES AND

SLIPPED THE LITTER ACROSS THE DECK, AND SOMETIMES HE'D LEAN DOWN AND

HOLD THE IV AND BRUSH THE DIRT OFF OF A BLOODLESS FACE, OR HOLD BACK THE

FLAILING ARMS AND THE TEARS, A THUMBS-UP TO THE RIGHT SEAT AND YOU'RE

NYS ASSEMBLY MARCH 29, 2023

ONLY MINUTES AWAY FROM THE WHITE SHEETS, AND THE SAWS AND THE

PLASMA.

THEY CAME IN LOW AND HOT, CLOSE TO THE TREES AND

DROPPED THEIR TAIL IN A FLARE, ROCKED FORWARD AND WE'D NEVER HEAR THAT

SOUND AGAIN WITHOUT FEELING OUR STOMACHS GO JUST A BIT WEIGHTLESS,

LISTEN JUST A BIT CLOSER FOR THE GUNFIRE AND LOOK UP FOR THE MAN IN THE

DOORWAY.

WELCOME TO OUR MAN IN THE DOORWAY, ROBERT E.

LEWIS. WELCOME HOME, AND THANK YOU FOR YOUR SERVICE TO OUR

COUNTRY.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. ANGELINO ON THE

RESOLUTION.

MR. ANGELINO: ON THE RESOLUTION, MR. SPEAKER.

FIRST AND FOREMOST, I NEED TO CORRECT THE RECORD. THE OFFICER AND A

GENTLEMAN TO MY FRONT MISTOOK ME FOR A VIETNAM VETERAN. IT'S

PROBABLY THE GRAY HAIR AND THE WISDOM THAT I BESTOW UPON HIM, BUT IT'S

ACTUALLY, IN FACT, THE GENTLEMAN TO MY LEFT, JUDGE MORINELLO, WHO WAS A

U.S. ARMY SOLDIER IN VIETNAM AND RETURNED HOME, THANKFULLY, AND

WITH A BRONZE STAR.

SO 50 YEARS AGO, THE LAST COMBAT TROOPS RETURNED

HOME FROM VIETNAM. AND THESE WERE THE BULK OF THE TROOPS WHO HAD

BEEN THERE. SOME UNITS ACTUALLY MOVED THEIR FLAG, MEANING THEIR

DIVISION QUARTERS, WAS MOVED IN-COUNTRY AND THEY WERE THERE FROM

1960 TO 1973, AND SOME WERE THERE 'TIL 1975. AND IT IS THESE VETERANS

NYS ASSEMBLY MARCH 29, 2023

-- AND WE HAVE QUITE A FEW IN THE AUDIENCE WITH US TODAY -- IT IS THESE

VETERANS THAT I PERSONALLY OWE A DEBT OF GRATITUDE. MANY OF THESE

VIETNAM VETERANS WERE DRAFTED. MY GENERATION DID NOT HAVE TO ENDURE

THAT BECAUSE THEY DID. THEY WERE TAKEN FROM THEIR JOBS, HOMES, SCHOOL

AND TOLD THEY WERE GOING. WHETHER THEY WERE WILLING OR NOT, THEY

WENT. IT IS THESE GENTLEMEN AND SOME -- A FEW LADIES WHO PAVED THE

WAY FOR THE VETERANS OF THE NEXT GENERATION. WE GOT THE THANK YOU'S

THAT YOU DID NOT GET. WE GOT THE WELCOME HOME PARADES FROM DESERT

STORM THAT YOU DID NOT GET. WE GOT THE NEWLY-UPDATED AND RENOVATED

VA HOSPITALS THAT YOU DID NOT GET. WE GOT THE THANK YOU'S AND THE

DRINKS IN BARS THAT YOU DID NOT GET. I FEEL GUILTY ACCEPTING ALL OF THE

GRATITUDE ON YOUR BEHALF. YOU DESERVED IT, WE GOT IT, AND FOR THAT, I'M

SORRY. I APPRECIATE ALL THAT YOU DID. MANY OF YOU WENT INTO HARM'S

WAY, YOUNG, 18, 19 YEARS OLD, DRAFTED, AND SOME OF YOU CHOSE TO STAY,

AND THOSE ARE THE ONES THAT YOU CALL "THE LIFERS." AND IT WAS THOSE

LIFERS WHO STILL WERE IN THE MILITARY WHEN I ENLISTED IN THE MARINE

CORPS IN 1985, AND IT WAS THE LIFERS WHO TAUGHT ME FIELD CRAFT, WHO

TAUGHT ME BASICALLY HOW TO STAY ALIVE IN A HOSTILE ENVIRONMENT. AND

FOR THAT, I WANT TO THANK YOU.

MR. SPEAKER, IF YOU'LL ALLOW ME TO END WITH A -- A

MESSAGE, IF THERE'S ANY MARINES REMAINING, YOU'VE GOT TO MEET ME IN

THE BACK. I'VE GOT THE DUTY ROSTER, YOU'RE GOING TO HAVE TO SIGN UP AND

PULL A COUPLE OF HOURS OF DUTY TONIGHT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. MANKTELOW.

NYS ASSEMBLY MARCH 29, 2023

MR. MANKTELOW: THANK YOU, MR. SPEAKER. AND

I WANT TO SAY THANK YOU TO THE CHAIRWOMAN FOR BRINGING THIS RESOLUTION

FORWARD. AND AS THE RANKING MEMBER OF THE VETERANS' COMMITTEE

AND ALL OF THE VETERANS' COMMITTEE, I WANT TO THANK THEM FOR -- FOR

BRINGING THIS RESOLUTION FORWARD. BUT IT'S NOT ABOUT US TODAY, IT'S ABOUT

OUR VIETNAM VETERANS. AND I HAVE THE VERY GOOD FORTUNE TO KNOW TWO

OF THEM VERY, VERY WELL AND PERSONALLY, AND ANOTHER ONE THAT I'LL SHARE

A QUICK STORY. WHEN I GOT TO BASIC TRAINING, MY DRILL SERGEANT WAS AN

E-7, A SERGEANT FIRST CLASS. HE WAS A VIETNAM VETERAN TANKER, AND THE

THINGS THAT HE TAUGHT US IN OUR TRAINING PLATOON WAS THINGS THAT

PREPARED US FOR LIFE, NO MATTER WHERE WE WENT AND WHAT WE DID. BUT

SINCE THEN, I'VE HAD A CHANCE TO SIT DOWN AND MEET TWO VIETNAM

VETERANS FACE-TO-FACE. ONE IS A GOOD FRIEND OF MINE. HE WAS A FARMER,

HE WAS AN INFANTRYMAN IN VIETNAM, AND JUST NOW HE STARTED TO SHARE

SOME STORIES WITH US OF WHAT THEY WENT THROUGH, HOW IT REALLY WAS IN

THE BUSH AND THE THINGS THEY SAW AND THE THINGS THEY'LL NEVER FORGET.

AND I WISH I HAD MORE TIME BECAUSE I WOULD -- WOULD REALLY LOVE TO

TELL SOME OF THOSE STORIES TO HONOR THESE VIETNAM VETERANS. AND THE

LAST ONE IS, UNFORTUNATELY MY DAD PASSED AWAY 20 YEARS AGO, AND MY

MOM NOW HAS A FRIEND WHO'S A VIETNAM VETERAN. HE WAS ALSO A DOOR

GUNNER ON A HUEY CHOPPER, AND IVAN IS HIS NAME. AND WE SIT AT OUR

TABLE QUITE OFTEN AND TALK ABOUT HIS FRIENDS WHO HE LOST, WHAT THEY DID

IN VIETNAM AND WHAT HE STANDS FOR TODAY.

SO TODAY IT'S NOT ABOUT US HERE, IT'S ABOUT OUR VIETNAM

VETERANS, MR. SPEAKER. IT'S ABOUT SAYING THANK YOU. AND AS MY

NYS ASSEMBLY MARCH 29, 2023

COLLEAGUE PUT IT SO WELL, WELCOME HOME, GENTLEMEN, WELCOME HOME,

LADIES, AND MAY GOD BLESS YOU AND WATCH OVER YOU. AND AGAIN, LET'S

REMEMBER OUR VIETNAM VETERANS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BROOKS-KRASNY [SIC] ON THE RESOLUTION.

MR. BROOK-KRASNY: MR. SPEAKER, NOW I KNOW

WHERE YOU SHOP FOR YOUR SUITS. BROOKS-KRASNY YOU SAID --

ACTING SPEAKER AUBRY: BROOK-KRASNY.

MR. BROOK-KRASNY: BROOKS BROTHERS, RIGHT?

(LAUGHTER)

FIRST OF ALL, I'D LIKE TO THANK THE -- I'D LIKE TO THANK

MADAM CHAIR FOR BRINGING THIS RESOLUTION UP. I WOULD REMISS IF I

HAVEN'T ADD SOME RUSSIAN ACCENT TO THE CONVERSATION AND THE

CELEBRATION OF VIETNAM VETERANS. I REMEMBER, AND I WAS IN MY TEENS

AND I WAS OBVIOUSLY ON THE OTHER SIDE OF THE GLOBE, I REMEMBER MY

FATHER WAS VERY MUCH AGAINST THOSE COMMUNISTS IN THE SOVIET UNION, I

HAVE TO SAY THAT. AND VERY QUIETLY, IN THE PRIVACY OF OUR KITCHEN, WAS

TELLING ME, SON, REMEMBER, THIS WAR AGAINST VIETNAM COMMUNISTS WILL

END UP ON THE RIGHT SIDE OF THE HISTORY. TODAY, BEING A MEMBER OF

NEW YORK STATE ASSEMBLY, MR. SPEAKER, I'D LIKE TO THANK ALL THE

VETERANS FOR THEIR SERVICE; THOSE WHO ARE STILL WITH US AND THOSE WHO

SACRIFICED THEIR LIVES FIGHTING -- FIGHTING COMMUNISM. AND ON BEHALF

OF HUNDREDS OF REFUGEES FROM THE FORMER SOVIET UNION, I HAVE TO SAY

THAT WITHOUT THEIR SERVICE, I DON'T THINK WE WOULD BE ABLE TO LEAVE THAT

SOVIET UNION. WITHOUT THEIR SERVICE THAT TERRIBLE GOVERNMENT WOULD

NYS ASSEMBLY MARCH 29, 2023

STILL BE IN EXISTENCE.

SO I WANT TO THANK THEM FOR THEIR SACRIFICE, AND I'M --

I WILL BE FOREVER -- FOREVER GRATEFUL TO THEM FOR WHAT THEY'VE DONE THIS

55 YEARS AGO. THANK YOU VERY MUCH. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES ON THE RESOLUTION.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I RISE TO HONOR THE VETERANS' COMMITTEE, BOTH THE CHAIR AND

THE RANKER, FOR PUTTING TOGETHER THIS RESOLUTION AND FOR TAKING THIS TIME

TO HONOR VIETNAM VETERANS IN PARTICULAR. AND I WANT TO SAY THE NAMES

OF MY FAMILY MEMBERS WHO ARE VIETNAM VETERANS, SOME OF THEM ARE

NOW DECEASED. REGINALD DAVIS, THOMAS JAMES, BENNY SWANS, JR.,

WHO WAS A PURPLE HEART RECIPIENT, HE IS NOW DECEASED. CHARLES DAVIS,

JAMES DAVIS, REGGIE SETTLES AND BUDDY CLARK ALL WENT TO VIETNAM, ALL

MEMBERS OF MY DIRECT FAMILY, LITERALLY FIRST COUSINS. AND SO THEY ALL

DIDN'T VOLUNTEER, NECESSARILY, TO GO, SOME OF THEM DID, BUT MOST OF

THEM DIDN'T, THEY WERE DRAFTED. THERE WAS NOT EVEN A DRAFT IN

AMERICA. AND I REMEMBER WHEN THEY CAME HOME, IT WASN'T -- IT

WASN'T A GOOD TIME FOR PEOPLE TO BE AT WAR. THIS WAR WAS NOT POPULAR

IN AMERICA. IT WAS VERY DIFFICULT FOR THEM WHEN THEY CAME HOME.

AND THEY FELT LIKE THEY HAD DONE SOMETHING WRONG WHEN, IN FACT, THEY

DID A LOT RIGHT. THEY DID A LOT OF RIGHT THAT MOST PEOPLE HAVE NEVER

DONE AND WOULD NOT HAVE DONE.

SO I WANT TO HONOR ALL VIETNAM VETERANS, THOSE THAT

ARE IN THE CHAMBERS WITH US TODAY, THOSE THAT VISITED US TODAY, THOSE

NYS ASSEMBLY MARCH 29, 2023

ACROSS AMERICA WHO SERVED IN THIS UNPOPULAR WAR. AMERICA'S BEEN IN

12 CONFLICTS, AND PEOPLE OF COLOR HAVE ALWAYS SERVED IN ALL OF THEM.

AND SO I ALSO WANT TO HONOR THE MEN AND WOMEN WHO ARE VETERANS ON

THE COMMITTEE THAT ESTABLISHED THE FIRST AFRICAN-AMERICAN VETERANS

MONUMENT IN THE CITY OF BUFFALO, IN THE UNITED STATES OF AMERICA THAT

HONORS ALL VETERANS IN ALL WARS FROM ALL BRANCHES. WARREN GALLOWAY IS

THE CO-CHAIR, HE'S A VIETNAM VETERAN. ROBIN HODGES. RONAL BASSHAM

IS A VIETNAM VETERAN. HENRY CURTIS, III, A VIETNAM VETERAN. AND

RICHARD CUMMINGS, A VIETNAM VETERAN. AND SO WE CAN NEVER THANK

YOU ENOUGH FOR PEOPLE WHO ARE WILLING TO GIVE THEIR LIFE SO THAT WE CAN

LIVE IN FREEDOM. SO THANK YOU TO ALL VETERANS AND THANK YOU FOR THOSE

WHO PUT THIS TOGETHER TODAY.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

WE WILL RISE.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE. THE RESOLUTION IS ADOPTED.

(APPLAUSE)

PAGE 4, RULES REPORT NO. 112, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03172-A, RULES

REPORT NO. 112, ZEBROWSKI, GUNTHER, BRONSON, WEPRIN, STECK,

HUNTER, STIRPE, WALLACE, DURSO, MCDONALD, CHANDLER-WATERMAN. AN

ACT TO AMEND THE INSURANCE LAW, IN RELATION TO INSPECTIONS OF PRIVATE

PASSENGER AUTOMOBILES PRIOR TO THE PROVISION OF COVERAGE FOR PHYSICAL

DAMAGE THERETO; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

NYS ASSEMBLY MARCH 29, 2023

EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ZEBROWSKI.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. THIS

BILL WOULD ALLOW AUTOMOBILE INSURERS TO DISPENSE WITH THE PHYSICAL

INSPECTION OR PHOTO INSPECTION PROGRAM WHICH IS AN INSURANCE

REGULATION THAT INCONVENIENCES AND COSTS MANY CONSTITUENTS ACROSS THE

STATE MONEY. IT'S AN OUTMODED, EXPENSIVE AND LARGELY INEFFECTIVE

INSURANCE REGULATION. IT WAS INSTALLED BACK IN THE 1970S, I BELIEVE, 41

YEARS AGO. AND AT THAT POINT IT WAS SUPPORTED BY INSURANCE COMPANIES

AND WAS AN ATTEMPT TO DEAL WITH SKYROCKETING INSURANCE RATES AND

CERTAIN INSURANCE FRAUDS THAT WERE HAPPENING AT THE TIME. EITHER

PHANTOM VEHICLES OR CARS THAT WOULD BE TOTALED IN ANOTHER STATE AND

THEN BROUGHT OVER AND INSURED IN NEW YORK STATE. THERE WAS A TASK

FORCE PUT TOGETHER, IT CAME UP WITH A HOST OF REGULATIONS AND A BILL THAT

WAS NEGOTIATED AND IT STARTED FROM THERE. HERE WE ARE 41 YEARS LATER,

AND TECHNOLOGY HAS IMPROVED BY LEAPS AND BOUNDS. THERE ARE MANY,

MANY FOLKS THAT HAVE A VEHICLE NOW, WE KNOW THAT THERE ARE APPS,

THERE'S CARFAX, THERE'S THINGS THAT YOU CAN TURN YOUR CAR ON FROM

INSIDE YOUR LIVING ROOM. BUT MORE IMPORTANTLY, THERE'S MODERN

INSURANCE FRAUD-FIGHTING TOOLS LIKE SPECIAL INVESTIGATION UNITS,

ENHANCED LOSS REPORTING SYSTEM THAT'S KNOWN AS CLUE, IMPROVED

DMV TITLE VERIFICATION PRODUCTS LIKE VIN ETCHINGS. AND IN FACT, AT THE

TIME WHEN THIS INSURANCE REGULATION WENT INTO EFFECT THERE WAS NOT

EVEN A NATIONWIDE VIN SYSTEM THAT WAS UNIVERSALLY USED BY ALL THE

NYS ASSEMBLY MARCH 29, 2023

DIFFERENT STATES. IT'S A REGULATION THAT -- THE REPEAL OF THIS REGULATION IS

SUPPORTED BY A HOST OF INSURANCE COMPANIES, BUT ALSO FOLKS LIKE THE

BUSINESS COUNCIL, I BELIEVE THE FARM BUREAU, A HOST OF OTHER SORT OF

FOLKS THAT ARE OUT THERE TRYING TO IDENTIFY AND REPEAL UNNECESSARY

BUSINESS REGULATIONS. AND EVEN THE PERSON WHO REALLY HELPED DRAFT THE

REGULATION HAS WRITTEN AN OP-ED THAT TALKS ABOUT HOW IT'S NO LONGER

NECESSARY. IT'S COSTING MONEY, AND IT'S AN INCONVENIENCE. THERE'S A

HOST OF FOLKS THAT HAVE PURCHASED A VEHICLE AND HAVE TO TRAVEL 30 MILES

OR SO TO GET ONE OF THESE PICTURES TAKEN. BUT PERHAPS MOST IMPORTANTLY,

IN ADDITION TO THAT INCONVENIENCE, IF YOU DON'T GET THAT TAKEN AND YOU

GET INTO AN ACCIDENT IT COULD MEAN FINANCIAL PERIL BECAUSE YOU'LL

ACTUALLY NOT HAVE ANY OF YOUR DAMAGES COVERED SHOULD YOU NOT GET THAT

PHOTO INSPECTION.

THAT'S THE SYNOPSIS OF THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. SMITH.

MR. SMITH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SMITH: THANK YOU. I RISE TODAY TO STRONGLY

OPPOSE THIS LEGISLATION THAT WOULD MAKE NEW YORK STATE INSURANCE

REGULATIONS 79 OPTIONAL, ENDING -- EFFECTIVELY ENDING A SUCCESSFUL

FRAUD-FIGHTING PROGRAM. THIS REGULATION REQUIRES A PHOTO INSPECTION OF

A SMALL PERCENTAGE OF USED VEHICLES PRIOR TO ADDING THEM TO AN

INSURANCE POLICY AND HAS BEEN HIGHLY EFFECTIVE IN PREVENTING AUTO THEFT

AND FRAUD SAVING BILLIONS OF DOLLARS IN HIGHER PREMIUMS FOR MOTORISTS.

NYS ASSEMBLY MARCH 29, 2023

LAST YEAR A SIMILAR BILL PASSED BOTH HOUSES OF THE LEGISLATURE, BUT WAS

WISELY VETOED BY GOVERNOR HOCHUL, WHO RECOGNIZED THE IMPORTANCE OF

THIS REGULATION IN DRIVING DOWN CASES OF INSURANCE FRAUD AND KEEPING

INSURANCE RATES DOWN FOR CONSUMERS. THE PHYSICAL PREINSPECTION

PROGRAM PROTECTS AND DETERS POTENTIAL FRAUDULENT PREEXISTING DAMAGE

CLAIMS. IT IS A TARGETED PROGRAM THAT FOCUSES ON THE EIGHT PERCENT OF

USED VEHICLES MOST LIKELY TO BE INVOLVED IN FRAUD AND SAVES $41 IN

POTENTIAL FRAUD FOR EVERY $1 INVESTED. CONTRARY TO WHAT THE INSURANCE

INDUSTRY SAYS, THE PROGRAM IS STILL EFFECTIVE TODAY. IN FACT, WHEN

REGULATION 79 WAS FIRST IMPLEMENTED IN 1978 THERE WAS A SEVEN

PERCENT DROP IN NEW YORK AUTO THEFT WHICH MIGRATED TO NEW JERSEY,

PENNSYLVANIA AND CONNECTICUT WHERE AUTO THEFT RATES INCREASED BY 36

PERCENT, 16 PERCENT AND 18 PERCENT, RESPECTIVELY. THE PROGRAM HAS

BEEN MODERNIZED OVER THE YEARS TO PROVIDE A TRANSPARENT, SEAMLESS AND

POSITIVE CUSTOMER EXPERIENCE AT THE POINT OF INSPECTION. FURTHERMORE,

GUTTING THIS IMPORTANT ANTI-CRIME AND PRO-CONSUMER REGULATION WHILE

AUTO THEFT IS ON THE RISE WOULD BE A MISTAKE. AFTER A SIMILAR PROGRAM

WAS MADE OPTIONAL IN MASSACHUSETTS, INSPECTIONS DROPPED BY ABOUT 87

PERCENT AND COLLISION CLAIMS CLIMBED ABOUT 55 PERCENT, WITH PREMIUMS

SPIKING 61 PERCENT. THAT'S A 61 PERCENT INCREASE IN PREMIUMS. AND IT

WASN'T THAT MASSACHUSETTS RESIDENTS SUDDENLY BECAME WORSE DRIVERS,

IT'S THAT CRIMINALS KNOW HOW TO COMMIT CRIMES WHEN NO ONE'S LOOKING.

THE PROGRAM ALSO REQUIRES PICTURES OF THE VIN STICKER TO ENSURE THAT

THERE'S BEEN NO FORGERY. WHILE VEHICLE SALES MOVING -- ARE MOVING

INCREASINGLY ONLINE, HAVING AN EXPERT REVIEW OF THE VIN STICKER HELPS

NYS ASSEMBLY MARCH 29, 2023

CONSUMERS TO AVOID INADVERTENTLY PURCHASING STOLEN OR FLOODED

VEHICLES. ELIMINATING REGULATION 79 WOULD COMPROMISE CONSUMER

PROTECTION, ENDANGER JOBS DURING ECONOMICALLY-CHALLENGING TIMES AND

WOULD BE A BAD PUBLIC POLICY. ACCORDING TO THE INSURANCE INDUSTRY'S

OWN STATISTICS, THIS PROGRAM HAS SUCCESSFULLY ACHIEVED $2.4 BILLION IN

AVOIDED PREEXISTING FRAUDULENT DAMAGE OVER THE PRIOR FIVE YEARS.

I STRONGLY URGE MY COLLEAGUES TO OPPOSE THIS BILL AND

SUPPORT EFFORTS TO STRENGTHEN THE REGULATION AND ACTUALLY MAKE IT MORE

ACCESSIBLE FOR MOTORISTS. FOR EXAMPLE, THE NEW YORK STATE

DEPARTMENT OF FINANCIAL SERVICES IS CONSIDERING AN AMENDMENT TO THE

REGULATION, WHICH WOULD ALLOW MOTORISTS THE OPTION TO SELF-INSPECT

USING A SMARTPHONE APPLICATION WHICH IS READY TO BE RELEASED AND

INTEGRATED INTO EXISTING INSURANCE APPS. THIS APPROACH WOULD ADDRESS

THE CONCERNS ABOUT THE EASE OF ACCESS TO THE PROGRAM WITHOUT

COMPROMISING ITS EFFECTIVENESS IN PREVENTING FRAUD AND PROTECT --

PROTECTING CONSUMERS. ELIMINATING A REGULATION THAT HAS BEEN

SUCCESSFUL IN PROTECTING CONSUMERS, DETECTING AND DETERRING FRAUDULENT

CLAIMS AND SAVING BILLIONS OF DOLLARS IN HIGHER PREMIUMS FOR MOTORISTS

WOULD BE A MISTAKE.

FOR THAT REASON I STAND AGAIN IN OPPOSITION TO THIS

LEGISLATION AND WOULD ENCOURAGE MY COLLEAGUES TO OPPOSE IT AS WELL.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GANDOLFO.

MR. GANDOLFO: THANK YOU, MR. SPEAKER.

NYS ASSEMBLY MARCH 29, 2023

ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GANDOLFO: LIKE MY COLLEAGUE, I ALSO RISE IN

OPPOSITION TO THIS BILL AND IN SUPPORT OF REGULATION 79. AS MY

COLLEAGUE HAS MENTIONED, THIS PROGRAM HAS BEEN SUCCESSFUL IN

PREVENTING FRAUD AND IT ONLY REQUIRES A SMALL NUMBER OF VEHICLES TO BE

INSPECTED AS PART OF THE PROGRAM. ONE THING I WOULD LIKE TO EMPHASIZE

IS THAT THE CARCO PROGRAM, ASIDE FROM BEING SUCCESSFUL IN PREVENTING

FRAUD, EMPLOYS ABOUT 300 LONG ISLANDERS WITH JOBS THAT WERE CREATED

AS A RESULT OF THIS REGULATION. THESE ARE GOOD-PAYING, HIGH-TECH JOBS.

THE AVERAGE -- THE AVERAGE SALARY IS ABOUT $80,000 A YEAR, AND

ELIMINATING THIS REGULATION WILL PUT THOSE JOBS AT RISK AND PUT LONG

ISLANDERS OUT OF WORK. AUTO THEFT ALSO HAS A RIPPLE EFFECT ON OUR

ECONOMY, LEADING TO HIGHER INSURANCE PREMIUMS FOR ALL PEOPLE WHO

HAVE TO ENTER THE INSURANCE MARKET. SO THAT'S ANOTHER CONCERN I HAVE

WITH ELIMINATING THIS REGULATION. OUR LOCAL LAW ENFORCEMENT HAS ALSO

SPOKEN OUT THAT THEY FEEL THAT THAT'S A CONCERN OF THEIRS AS WELL. THE

CARCO INSPECTION PROGRAM IS ALSO NOT JUST ABOUT PREVENTING FRAUD

NOW, BUT AS WE MOVE TO A MORE DIGITAL FUTURE WHERE WE HAVE A LOT OF

MORE ONLINE CAR BUYING OPTIONS AND ONLINE INSURERS WHO DEAL PRIMARILY

THROUGH APPS AND WEBSITES, WE DO FEEL THAT THIS WILL INCREASE THE RISK OF

FRAUD, WHICH IS WHY IT'S IMPORTANT TO KEEP REGULATION 79 IN PLACE.

FINALLY, I WANT TO JUST ADDRESS THE ARGUMENT THAT THE

PROGRAM IS OUTDATED AND UNNECESSARY. I DON'T THINK THAT'S ENTIRELY

ACCURATE. THE PROGRAM HAS BEEN HIGHLY AFFECTED -- EFFECTIVE OVER THE

NYS ASSEMBLY MARCH 29, 2023

PAST 40 YEARS AND IT HAS KEPT OUR INSURANCE PREMIUMS DOWN FOR

EVERYONE. I WOULD ASK MY COLLEAGUES TO VOTE AGAINST THIS BILL FOR THE

REASONS I MENTIONED, AND JUST TO THINK ABOUT THE 300 NEW YORKERS WHO

MIGHT BE PUT OUT OF WORK AS A RESULT OF THE PASSAGE OF THIS BILL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. DESTEFANO.

MR. DESTEFANO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. DESTEFANO: MR. SPEAKER AND COLLEAGUES, I

STAND IN OPPOSITION TO THIS BILL FOR A LOT OF MENTIONS ALREADY STATED. IT

ALSO WOULD BE UNFORTUNATE FOR THIS COMPANY THAT'S RIGHT NEXT-DOOR TO

MY DISTRICT. AS PREVIOUSLY STATED IT DOES EMPLOY 300 MEMBERS OF MY

COMMUNITY AND THEY ARE HIGH-PAYING JOBS. IT'S ESSENTIAL FOR

SAFEGUARDING THE CUSTOMERS PREVENTING THE FRAUD WHICH PREVIOUSLY

MENTIONED AVERAGING ROUGHLY 80,000 A YEAR, $80,000 A YEAR, AND

REGULATION 79'S ABOLISHMENT WOULD MAKE NEW YORK LESS COMPETITIVE.

IT WOULD BE A SIGN OF CRIMINALS THAT NEW YORK IS OPEN FOR BUSINESS

WHEN IT COMES TO INSURANCE FRAUD IF THIS REGULATION WERE TO BE APPEAL --

REPEALED. THIS CLAIM THAT THE PROGRAM IS UNNECESSARY IS SIMPLY UNTRUE.

OVER TIME, THE PROGRAM HAS BEEN UPDATED TO REFLECT ENHANCEMENTS ON

TECHNOLOGY AND CONSUMER TRENDS. IN THIS NEW ERA OF DIGITAL COMMERCE

IT IS CRUCIAL TO IDENTIFY -- DISCOURAGE FALSE CLAIMS. TO DO THIS, THE

PROGRAM USES MOBILE A-1 TECHNOLOGY TO OFFER A TRANSPARENT, SMOOTH

NYS ASSEMBLY MARCH 29, 2023

AND POSITIVE CUSTOMER EXPERIENCE AT THE POINT OF INSPECTION. FURTHER,

THIS PROGRAM DOESN'T JUST PROTECT CONSUMERS TODAY, BUT IT LOOKS FORWARD

TOWARD THE FUTURE WHERE THE POTENTIAL OF FRAUD RISES AS MORE AND MORE

INSURANCE AND AUTOMOBILE PURCHASES ARE MADE ONLINE. THE CARCO

INSPECTION PROGRAM'S INTEGRATION WITH LAW ENFORCEMENT AND CARRY

SPECIAL INVESTIGATIVE TEAMS AS WELL AS THE USE OF THE -- THE A-1

TECHNOLOGY SHOW THAT IT IS THE CUTTING EDGE AND A POWERFUL TOOL IN THE

BATTLE TO KEEP INSURANCE PREMIUMS AS LOW AS POSSIBLE AND PREVENT

CRIME. ELIMINATING A REGULATION THAT HAS BEEN SUCCESSFUL IN PROTECTING

CONSUMERS, DETECTING AND DETERRING FRAUDULENT CLAIMS AND SAVING

BILLIONS OF DOLLARS IN HIGHER PREMIUMS TO THE MOTORISTS WOULD BE A

MISTAKE.

FOR THAT REASON AND MANY OTHERS I STAND AGAINST THIS

BILL AND ENCOURAGE MY COLLEAGUES TO OPPOSE IT AS WELL. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER. I RISE TO

STRONGLY OPPOSE THE LEGISLATION THAT WOULD ELIMINATE NEW YORK STATE

INSURANCE REGULATION 79. AS PREVIOUSLY MENTIONED, GUTTING THIS

IMPORTANT ANTI-CRIME AND PRO-CONSUMER REGULATION WHILE AUTO THEFT IS

ON THE RISE WOULD BE A MISTAKE. IN 1977 THERE WERE MORE THAN 133,000

AUTO THEFTS IN NEW YORK AND OVER 977,000 NATIONWIDE. THE NEW

YORK CITY POLICE AUTO CRIMES UNITED COLLABORATED WITH SPECIAL

INVESTIGATIVE UNITS TO ADDRESS THE SPIKE IN AUTO THEFTS INVOLVING PAPER

NYS ASSEMBLY MARCH 29, 2023

AND ABANDONED CARS. REGULAR -- REGULATION 79 WAS ADOPTED IN 1978 TO

ADDRESS RAMPANT AUTO THEFT AND PREEXISTING DAMAGE INSURANCE FRAUD IN

NEW YORK. SINCE THEN, THE PROGRAM HAS BECOME A VICTIM OF ITS OWN

SUCCESS. THE MAIN CONCERN BEHIND THE BILL IS THE EASE AND

CONVENIENCE OF ACCESS TO PROGRAMS. WELL, I -- I CHOSE INCONVENIENCE

OVER COST. COSTS OF THE INSURANCE POLICIES THAT MANY OF OUR

CONSTITUENTS COMPLAIN ABOUT. FURTHERMORE, ELIMINATING REGULATION 79

WOULD NOT ONLY COMPROMISE CONSUMER PROTECTION, BUT IT WOULD ALSO

ELIMINATE UP TO 300 GOOD-PAYING HIGH-TECH JOBS, POSSIBLY RAISING

INSURANCE PREMIUMS FOR ALL OF OUR CONSTITUENTS, AND AVERAGING UP TO

ABOUT 80,000 PER YEAR EACH OF LONG ISLANDERS DIRECTLY ENGAGED IN

DEVELOPMENT, DESIGN AND ADMINISTERING THE STATE-OF-THE-ART FRAUD-

FIGHTING TECHNOLOGY.

OVER THE LAST FIVE YEARS THIS PROGRAM HAS PROVIDED THE

INDUSTRY AND PREMIUM-PAYING POLICYHOLDERS WITH THE AVOIDANCE OF 2.4

BILLION IN PREEXISTING FRAUDULENT DAMAGE CLAIMS. I DISAGREE WITH THE

ARGUMENT THAT THE PROGRAM IS OUTDATED AND UNNECESSARY. IN TODAY'S

WORLD OF TECHNOLOGY, DATABASES SUCH AS CARFAX DO NOT CATCH THE

EIGHT PERCENT OF HIGHLY-PROBABLE FRAUDSTERS SINCE THOSE TECHNOLOGIES

REQUIRE PREVIOUS DAMAGE TO HAVE BEEN REPORTED OR REPAIRED.

EXPERIENCE INDICATES THESE CRIMINALS WILL NOT REPORT DAMAGES, WHICH

LEAVES THESE PRE-INSURED INSPECTIONS AS THE KEY TOOL TO DETECT AND DETER

FRAUD. IN ADDITION, THE PROGRAM IS STILL NECESSARY BECAUSE AUTO THEFT

AND FRAUD ARE STILL MAJOR PROBLEMS IN NEW YORK STATE. ACCORDING TO

THE FBI'S 2019 CRIME STATISTICS REPORT, ONLY TWO OF THE TOP TEN VEHICLE

NYS ASSEMBLY MARCH 29, 2023

THEFT STATES, NEW YORK AND NEW JERSEY, HAD A THEFT REDUCTION, DOWN 17

PERCENT AND 12 PERCENT. THAT'S LESS FRAUD. AND THAT'S RESPECTIVELY

FROM 2015 TO 2019. IT'S NO COINCIDENCE THAT THESE ARE THE ONLY STATES

WITH FRAUD PREVENTION INSPECTION REGULATIONS. WITH THE INCREASE IN

AUTO PURCHASES AND AUTO INSURANCE COVERAGE ONLINE, VEHICLES SIGHT

UNSEEN, EIGHT PERCENT OF THE HIGHLY-PROBABLE FRAUDSTERS WILL OPTIMIZE

THIS WINDOW OF OPPORTUNITY TO STRIKE AND COMMIT FRAUD. WITHOUT THE

MANDATORY REGULATION, FRAUD WOULD INCREASE, LOSSES AND LOSS RESERVES

WOULD INCREASE WITH INSURANCE PREMIUMS SPIKING DOWN THE ROAD,

NEGATIVELY IMPACTING ALL CONSUMERS, ESPECIALLY THOSE ON LIMITED

BUDGETS INCLUDING OUR SENIOR CITIZENS. THE CARCO INSPECTION

PLATFORM IS FULLY INTEGRATED WITH A 43 FRAUD ALERTS ENGINE AND CENTRAL

DATA REPOSITORY WITH 58 MILLION IMAGES AND 175 MILLION FRAUD DATA

POINTS ADDED ANNUALLY. LAW ENFORCEMENT AND CARRIER SPECIAL

INVESTIGATIONS UNITS UTILIZE THE CENTRAL DATA REPOSITORY TO PERFORM

APPROXIMATELY 11,000 VEHICLE SEARCHES DAILY FOR ONGOING

INVESTIGATIONS. THIS DATABASE IS AN ESSENTIAL TOOL IN DETECTING AND

DETERRING FRAUDULENT CLAIMS AND PROTECTING CONSUMERS.

IN CONCLUSION, I URGE MY FELLOW LEGISLATORS TO OPPOSE

THIS BILL AND SUPPORT EFFORTS TO STRENGTHEN THE REGULATION AND MAKE IT

MORE ACCESSIBLE TO MOTORISTS. ELIMINATING A REGULATION THAT HAS BEEN

SUCCESSFUL AND PROTECTING CONSUMERS, DETECTING AND DETERRING

FRAUDULENT CLAIMS AND SAVINGS BILLIONS OF DOLLARS IN HIGHER PREMIUMS

FOR MOTORISTS WOULD BE A BIG MISTAKE. WE MUST STAND WITH OUR

CONSTITUENTS AND OPPOSE THIS MEASURE. THANK YOU, MR. SPEAKER.

NYS ASSEMBLY MARCH 29, 2023

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED, ALTHOUGH I'M SURE AS IN THE PAST

THERE WILL BE SOME OF MY COLLEAGUES WHO WILL BE VOTING IN FAVOR OF

THIS HERE ON THE FLOOR OF THE ASSEMBLY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. ROZIC.

MS. ROZIC: THANK YOU, MR. SPEAKER. MAJORITY

LEADERS [SIC] WILL GENERALLY BE IN THE AFFIRMATIVE ON THIS VOTE. ANYONE

WISHING TO CAST THEIR VOTE IN OPPOSITION, COME DOWN TO THE FLOOR AND

RECORD THAT.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ZEBROWSKI TO EXPLAIN HIS VOTE.

MR. ZEBROWSKI: THANKS, MR. SPEAKER. JUST TO

EXPLAIN MY VOTE. I CERTAINLY RESPECT MY COLLEAGUES AND THEM ARGUING

IN FAVOR OF A REGULATION THAT A BUSINESS IN THEIR AREA UTILIZES. YOU

NYS ASSEMBLY MARCH 29, 2023

KNOW, THE QUESTION JUST IS SHOULD WE KEEP A REGULATION ON THE BOOKS

THAT IS, YOU KNOW, 40-PLUS YEARS OLD, AND I BELIEVE WE'RE NOW THE ONLY

STATE IN THE NATION THAT HAS IT. AND WHEN YOU'RE THE ONLY STATE THAT DOES

SOMETHING, I THINK IT'S INCUMBENT UPON US TO WONDER WHY. THE

INSURANCE COMPANIES ARE THE ONES TO -- THAT WOULD STAND TO BE

VICTIMIZED BY THIS FRAUD BECAUSE THEY WOULD BE PAYING OUT THE CLAIMS

WHICH WOULD THEN INCREASE RATES ON ALL NEW YORKERS. AS I SAID EARLIER,

BACK WHEN IT WAS FIRST IMPLEMENTED THOSE COMPANIES WERE ACTUALLY ON

THE GROUND HELPING TO IMPLEMENT IT. THIS PROGRAM ACTUALLY MAKES IT

OPTIONAL. SO IF THESE FOLKS REALLY FELT THAT THIS REGULATION WAS GOING TO

-- WAS REALLY CRITICAL IN PREVENTING PHANTOM CAR INSURANCE CLAIMS AND

THEFTS AND THINGS LIKE THAT, THEY COULD KEEP IT. BUT I THINK IT'S VIRTUALLY

UNIVERSALLY RECOGNIZED THAT IN THIS DAY AND AGE IT'S JUST NO LONGER

EFFECTIVE. THAT'S WHY IT ENJOYS SUCH BROAD SUPPORT; THE STATE SMALL

BUSINESS ASSOCIATION, THE NATIONAL FEDERATION OF INDEPENDENT

BUSINESSES, THE BUSINESS COUNCIL OF NEW YORK STATE, THE ASSOCIATED

GENERAL CONTRACTORS, THE FARM BUREAU, NUMEROUS CHAMBER OF

COMMERCE. WE JUST HAVE TO KEEP UP WITH TECHNOLOGY, MR. SPEAKER.

WE SHOULD BE DOING MORE OF THIS. LOOKING THROUGH, AS I HEAR OFTEN MY

COLLEAGUES TALK ABOUT WHAT REGULATIONS ARE ON THE BOOKS, WHICH ARE

FROM A BYGONE ERA, A BYGONE TIME THAT ARE JUST COSTING OUR CONSTITUENTS

TIME AND MONEY. I BELIEVE THIS IS ONE OF THOSE. I FEEL THAT THE EVIDENCE

BACKS THAT UP. THAT'S WHY I SPONSORED THE PIECE OF LEGISLATION.

I'LL BE VOTING IN THE AFFIRMATIVE AND I ASK ALL MY

COLLEAGUES TO JOIN ME. THANK YOU, MR. SPEAKER.

NYS ASSEMBLY MARCH 29, 2023

ACTING SPEAKER AUBRY: MR. ZEBROWSKI IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. ROZIC FOR AN INTRODUCTION.

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

ME TO INTERRUPT TODAY'S PROCEEDINGS FOR THE PURPOSES OF AN

INTRODUCTION. ON BEHALF OF MYSELF AND MANY MEMBERS IN THIS HOUSE

AND IN THE MANHATTAN DELEGATION, I WANTED TO INTRODUCE A DEAR FRIEND

OF MINE AND THE CURRENT CHAIR OF THE NEW YORK CITY PLANNING

COMMISSION, DAN GARODNICK. DAN IS IN THE BACK AND JOINED BY

MEMBERS OF HIS TEAM, JASMINE AND GENEVIEVE. SO IF YOU WILL EXTEND

THE CORDIALITIES OF THE FLOOR ON BEHALF OF MYSELF AND MANY OF US HERE

WHO REMEMBER DAN FROM HIS TIME AT THE NEW YORK CITY COUNCIL AND

WELCOME HIM TO ALBANY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. ROZIC, THE SPEAKER AND ALL THE MEMBERS, DAN, WELCOME TO THE

NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU AND TO YOUR STAFF THE

PRIVILEGES OF THE FLOOR. HOPE YOU ENJOY YOUR TRIP TO ALBANY AND IT WILL

BE BENEFICIAL FOR THE PEOPLE OF THE CITY OF NEW YORK, AS I'M SURE IS

YOUR INTENT. PLEASE KNOW YOU'RE ALWAYS WELCOME HERE. THANK YOU SO

VERY MUCH.

(APPLAUSE)

NYS ASSEMBLY MARCH 29, 2023

PAGE 4, RULES REPORT NO. 113, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05519, RULES REPORT

NO. 113, HUNTER, WEPRIN, BURDICK. AN ACT TO AMEND THE BANKING

LAW, IN RELATION TO AUTHORIZING THE DEPARTMENT OF FINANCIAL SERVICES

TO PROMULGATE REGULATIONS RELATING TO THE PAYMENT OF DEBIT AND CREDIT

TRANSACTIONS AND IMPOSITION OF RELATED FEES BY BANKING ORGANIZATIONS.

ACTING SPEAKER AUBRY: MS. HUNTER, A

EXPLANATION HAS BEEN REQUESTED.

MS. HUNTER: YES. THANK YOU, MR. SPEAKER. SO --

ACTING SPEAKER AUBRY: ONE MINUTE, MS.

HUNTER. WE HAVE SOME -- EXCUSE ME, THOSE OF YOU ON THE BACK WALL,

PLEASE TAKE YOUR CONVERSATIONS AWAY FROM MS. HUNTER SO THAT WE CAN

HEAR HER. THANK YOU.

MS. HUNTER: OKAY. THANK YOU. THIS BILL WOULD

REQUIRE DFS TO PROMULGATE RULES AND REGULATIONS ON STATE-CHARTERED

BANKS RELATING TO THE ORDER IN WHICH BANK PROCESS DEBIT AND CREDIT

TRANSACTIONS. CURRENTLY THE STATUTE PROCESSES CHECKS ONLY IN THIS

PROCESS SO WE WANTED TO INCLUDE DEBIT AND CREDIT. IT ALLOWS FOR

CHARGES THAT MAY BE IMPOSED BY CONSUMERS RESULTING IN CHECKS, OTHER

WRITTEN ORDERS OR ELECTRONIC TRANSFERS DRAWN OR RECEIVED THAT DO NOT

CLEAR, AND CREDIT AND DEBIT TRANSACTIONS THAT RESULT IN OVERDRAFT

ACCOUNTS AND IT REQUIRES DISCLOSURES, ALERTS AND NOTICES TO CONSUMERS

RELATING TO THE IMPOSITION OF OVERDRAFT FEES.

ACTING SPEAKER AUBRY: MR. CURRAN.

MR. CURRAN: THANK YOU, MR. SPEAKER. WILL THE

NYS ASSEMBLY MARCH 29, 2023

SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. HUNTER, DO YOU

YIELD?

MS. HUNTER: YES.

ACTING SPEAKER AUBRY: MS. HUNTER YIELDS,

SIR.

MR. CURRAN: THANK YOU, PAM. SO REAL QUICK, THE

LANGUAGE CONTAINED IN YOUR BILL IS IDENTICAL TO LANGUAGE THAT IS

CONTAINED IN GOVERNOR HOCHUL'S PROPOSED EXECUTIVE BUDGET; IS THAT

CORRECT?

MS. HUNTER: YES, THAT'S CORRECT.

MR. CURRAN: NOW, WE AS A BODY DID NOT INCLUDE

YOUR LANGUAGE IN OUR ONE-HOUSE RESOLUTION. WHY IS THAT?

MS. HUNTER: THAT IS CORRECT. WE DID REJECT THAT

BECAUSE THIS IS POLICY AND IT HAS NO FINANCIAL IMPLICATIONS TO THE STATE

WHICH SHOULD NOT BE CONSIDERED IN THE CONTEXT OF OUR STATE BUDGET.

MR. CURRAN: AND I THINK THAT'S GREAT. LET ME JUST

ASK YOU, DID THE SENATE INCLUDE THE IDENTICAL LANGUAGE IN THEIR

ONE-HOUSE?

MS. HUNTER: NO.

MR. CURRAN: ALL RIGHT. LAST SESSION THIS HOUSE

PASSED LEGISLATION THAT REQUIRED DFS TO DO A STUDY OR TO PERFORM A

STUDY ON OVERDRAFT FEES; IS THAT CORRECT?

MS. HUNTER: YES.

MR. CURRAN: ALL RIGHT. AND I'VE BEEN TOLD THAT

NYS ASSEMBLY MARCH 29, 2023

THAT REPORT IS SUPPOSED TO COME BACK JULY OF THIS YEAR, CORRECT?

MS. HUNTER: CORRECT.

MR. CURRAN: DO YOU FEEL THAT THIS BILL, PASSING IT

TODAY, WOULD BE A LITTLE BIT PREMATURE SINCE THAT REPORT WOULD DEAL

SPECIFICALLY WITH RECOMMENDATIONS OR EVEN IF THERE IS A PROBLEM WITH

HOW BANKS DEAL -- DEAL WITH OVERCHARGES?

MS. HUNTER: I DO NOT THINK IT WILL BE A PROBLEM.

MR. CURRAN: AND WHY IS THAT?

MS. HUNTER: I DON'T BELIEVE THAT BECAUSE EVEN

THOUGH THE BILL SAYS IT WILL BE EFFECTIVE IMMEDIATELY, THE STUDY IS DUE

JULY 1ST. BUT IT WILL BE UPON DFS TO CONSIDER THE RESULTS OF THE STUDY

WHEN THEY'RE IMPLEMENTING THE RULES AND REGULATIONS, AND NOTHING IN

THIS BILL REQUIRES DFS TO IMPLEMENT THE RULES AND REGS BEFORE THE STUDY

IS COMPLETE.

MR. CURRAN: OKAY. LET -- LET ME JUST ASK YOU,

WHEN -- WHEN YOU SAID THAT -- AS YOU SAID, IF THIS BILL IS SIGNED INTO LAW

IT GOES INTO EFFECT THE DAY AFTER IT'S SIGNED INTO LAW. HAVE YOU

DISCUSSED THE RAMIFICATIONS OF THIS BILL WITH ANY LOCAL BANKS,

STATE-CHARTERED BANKS?

MS. HUNTER: NO.

MR. CURRAN: ALL RIGHT. DO YOU KNOW WHETHER OR

NOT STATE-CHARTERED BANKS ALREADY HAVE IN A PLACE MECHANISMS AND

PROCESSES HOW TO DEAL WITH DEBIT AND CREDIT TRANSACTIONS WITHIN THEIR

BANKS?

MS. HUNTER: OKAY, YEAH, THEY HAVE SOME IN PLACE

NYS ASSEMBLY MARCH 29, 2023

NOW BUT THERE'S NO UNIFORM SYSTEM.

MR. CURRAN: OKAY. BUT DO YOU THINK IT'S REALISTIC

TO EXPECT THEM - WHICH THESE PROCESSES HAVE BEEN IN PLACE FOR DECADES

- TO THEN SHIFT OVERNIGHT WHEN THIS BILL IS SIGNED?

MS. HUNTER: WELL, AGAIN, IT WON'T BE OVERNIGHT

WHEN THE GOVERNOR SIGNS THE BILL. AND, IN FACT, THE GOVERNOR MAY NOT

SIGN THIS BILL BEFORE JULY 1ST, RIGHT? SO, IN FACT, THE STUDY COULD BE

DONE. THEY COULD BE ASSESSING WHAT THE STUDY HAS IN PLACE AND THEN IT

WOULDN'T BE OVERNIGHT. AND DFS ALSO ALLOWS WHEN THEY PUT

REGULATIONS FORTH, TIME FOR COMPLIANCE.

MR. CURRAN: OKAY. DO YOU KNOW HOW MUCH

TIME FOR COMPLIANCE?

MS. HUNTER: NO.

MR. CURRAN: THAT'S NOT SPECIFIED IN THE BILL?

MS. HUNTER: NO.

MR. CURRAN: DOES THIS BILL SPECIFY -- WELL, LET ME

JUST ASK YOU THIS. THIS BILL ALLOWS THE SUPERINTENDENT TO SET CERTAIN

RATES FOR OVERCHARGE FEES, CORRECT?

MS. HUNTER: CORRECT.

MR. CURRAN: ALL RIGHT. DOES THIS BILL SPECIFY ANY

TYPE OF RANGE OR IMPACT THAT THEY CAN SET THAT MAY NEGATIVELY AFFECT A

LOCAL BANK?

MS. HUNTER: NO, BUT THAT INTENT IS TO GET RID OF

EXCESSIVE CHARGES, AND THEY WILL BE LOOKING AT WHAT IS PUT IN PLACE BY

FEDERALLY-CHARTERED BANKS THAT'S IN CURRENT STATUTE RIGHT NOW.

NYS ASSEMBLY MARCH 29, 2023

MR. CURRAN: SO -- AND -- AND GETTING TO THIS PIECE

OF LEGISLATION, IT ONLY DEALS WITH STATE-CHARTERED BANKS, CORRECT?

MS. HUNTER: CORRECT.

MR. CURRAN: IT DOESN'T DEAL WITH

FEDERALLY-CHARTERED BANKS?

MS. HUNTER: CORRECT.

MR. CURRAN: SO CURRENTLY, IF A STATE-CHARTERED

BANK, THEY HAVE A VARIETY OF WAYS IN WHICH THEY CAN HANDLE CHECKS

THAT COME IN FROM AN INDIVIDUAL ACCOUNT. AND, YOU KNOW, AS A PERSON

THAT WORKED AT A BANK ALL THROUGH LAW SCHOOL, THOSE WAYS CAN CONSIST

OF A LOT OF DIFFERENT. THEY CAN TAKE THE LARGEST ONE, PAY THAT OUT. THEY

COULD TAKE THE SMALLEST ONE, PAY THAT OUT FIRST. THEY COULD TAKE IT IN

NUMBERED ORDER OF THE CHECKS OR IN THE SEQUENCE THAT THEY COME IN.

UNDER THIS BILL -- AND USUALLY THE WAY THAT THE BANK HANDLES THOSE

CHECKS IS USUALLY A CONVERSATION BETWEEN THE BANK AND THE CUSTOMER

AND IT IS WORKED OUT THAT WAY, PARTICULARLY WHEN IT'S A BIG COMMERCIAL

CUSTOMER. THIS BANK WOULD TAKE THAT COOPERATIVE AGREEMENT BETWEEN

THE CUSTOMER AND THE BANK OUT OF THE EQUATION. IS THAT FAIR?

MS. HUNTER: WELL, WHAT WE'RE TRYING TO DO IS

MAKE DEBIT AND CREDIT TRANSACTIONS SIMILAR TO EXACTLY WHAT YOU

DESCRIBED THAT'S IN CURRENT STATUTE RIGHT NOW WITH HOW THEY CASH

CHECKS.

MR. CURRAN: SURE. BUT I -- I THINK -- AND I DON'T

WANT TO PUT WORDS IN YOUR MOUTH, BUT THERE ARE TIMES WHEN INDIVIDUAL

CUSTOMERS WOULD HAVE A PREFERENCE. ESPECIALLY COMMERCIAL CUSTOMERS

NYS ASSEMBLY MARCH 29, 2023

WOULD HAVE A PREFERENCE ON IF, FOR WHATEVER REASON, THEY'RE BEING

OVERDRAWN ON AN ACCOUNT THAT THEY MAY WANT LARGER CHECKS TO BE PAID

BEFORE SMALLER CHECKS OR VICE VERSA. SAY, FOR AN INDIVIDUAL ACCOUNT. IF

A PERSON HAS A MORTGAGE PAYMENT THAT'S DUE AND IT'S GOT OVERDRAWN,

THEY DON'T WANT THEIR ACCOUNT DEPLETED BY ALL OF THE SMALLER CHECKS

BECAUSE THEY'VE GOT TO MAKE THAT MORTGAGE PAYMENT. SO THAT'S ACTUALLY

-- THIS BILL WOULD ACTUALLY WIPE THAT OUT AND REQUIRE BANKS TO ACTUALLY

THEN PAY ALL THE SMALLER ONES WITHOUT THAT AGREEMENT BETWEEN

CUSTOMERS AND THE BANK, CORRECT?

MS. HUNTER: NO, WE FEEL THAT THE REGULATIONS WILL

COVER WHAT YOU'RE DESCRIBING.

MR. CURRAN: HOW IS THAT?

MS. HUNTER: SO, WHAT YOU JUST DESCRIBED, AND THE

ANSWER'S STILL THE SAME FROM WHAT I SAID BEFORE, IS THE PROCESS YOU

DESCRIBED AND THE CURRENT STATUTE WILL BE EXACTLY THE SAME FOR DEBIT AND

CREDIT. THIS IS SOLELY FOR DEBIT AND CREDIT TRANSACTIONS. SO, HOW THEY

PROCESS THEM NOW IS WHAT WE WOULD LIKE THEM TO DO WITH DEBIT AND

CREDIT TRANSACTIONS.

MR. CURRAN: ALL RIGHT. SO -- AND LISTEN, I'M JUST

MAKING SURE THAT I UNDERSTAND. SO -- SO SAY IN A PARTICULAR CASE RIGHT

NOW, A BANK HAD TALKED TO ITS BIG COMMERCIAL CUSTOMER AND THEY SAID,

LISTEN, IF IN THE CASE WHERE WE ARE OVERDRAWN FOR ANY ACCOUNTING

ERROR, WE DON'T WANT YOU TO PAY OUT THE SMALLER CHECKS THAT MAY BE

PENDING BECAUSE WE HAVE THESE LARGER CHECKS THAT WE HAVE TO DEAL

WITH. UNDER THIS BILL - AND CORRECT ME IF I'M WRONG - THAT WOULDN'T BE

NYS ASSEMBLY MARCH 29, 2023

THE CASE, THAT IF THERE WERE FUNDS THERE AND THERE WERE PENDING SMALLER

CHECKS, THE SMALLER CHECKS WOULD BE PAID OUT.

MS. HUNTER: SO, AGAIN, I GUESS UNTIL WE SEE THE

REGULATIONS TO GIVE YOU CERTAINTY, BUT THAT SAME REGULATION THAT OFFERS

THE FLEXIBILITY FOR CHECKING THAT YOU DESCRIBED WOULD BE OFFERED FOR

DEBIT AND CREDIT TRANSACTIONS.

MR. CURRAN: OKAY. SO THEN LET ME JUST ASK YOU,

THEN. SO THEN THE SUPERINTENDENT IS NOT MANDATING THROUGH THIS BILL

THAT SHOULD A -- SHOULD THERE BE, SAY, THREE CHECKS, TWO SMALL ONES, A

LARGE ONE, AND -- AND THEY ARE OVERDRAWN ON THE LARGE CHECK, THE BANK

WOULD NOT BE REQUIRED, THEN, TO PAY OUT THE TWO SMALLER CHECKS?

MS. HUNTER: THIS BILL IS FOR DEBIT AND CREDIT

TRANSACTIONS ONLY.

MR. CURRAN: OKAY.

MS. HUNTER: THE CURRENT STATUTE ALREADY COVERS

HOW THEY PROCESS CHECKS.

MR. CURRAN: SO, SAY ON A LARGER DEBIT TRANSACTION,

A LARGER DEBIT TRANSACTION AS OPPOSED -- THEY HAVE THREE DEBIT

TRANSACTIONS, TWO SMALLER, ONE LARGER. THE LARGER CAN'T GET PAID? IS IT

REQUIRED, THEN, THAT THE BANK PAYS OUT ON THE TWO SMALLER DEBITS?

MS. HUNTER: SO I GUESS TWO THINGS. THE

FLEXIBILITY THAT I JUST DESCRIBED STILL COVERS THAT FOR THE DEBIT AND CREDIT

TRANSACTION, AND THEN ALSO WOULD ALLOW FOR THE LOWEST DOLLAR AMOUNTS

TO BE PROCESSED FIRST, THAT WAY -- WHAT WE'RE TRYING TO GET TO IS THAT

PEOPLE WON'T HAVE SO MANY OVERDRAFT FEES. AND SO, SIMILARLY, YOU'RE

NYS ASSEMBLY MARCH 29, 2023

GETTING ALL OF THE SMALLER CHECKS PROCESSED FIRST SO MAYBE THERE WILL

ONLY BE ONE OVERDRAFT FEE INSTEAD OF THREE BECAUSE YOU TOOK THE LARGEST

CHECKS FIRST. BUT AGAIN, THE FLEXIBILITY THAT'S DESCRIBED IN CURRENT

STATUTE FOR CHECKS COULD BE PERMITTED AGAIN FOR A DEBIT AND CREDIT.

MR. CURRAN: OKAY.

ON THE BILL. THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. CURRAN: SO, MR. SPEAKER, IN -- IN REVIEWING

THIS BILL, IT -- IT IS CLEAR A COUPLE THINGS. ONE, IN MY -- MY REVIEW OF IT

IT'S PREMATURE. IT'S PREMATURE FOR TWO REASONS; ONE, AS WE HAD SPOKE

ABOUT, THERE IS A PENDING STUDY. I THINK IT WOULD BE MORE PRUDENT TO

WAIT FOR THE STUDY TO COME BACK BEFORE WE PASS THIS BILL, SEE IF THERE'S

ANY RECOMMENDATIONS. BUT SECOND, AND MORE IMPORTANTLY, THERE IS A

POSSIBILITY THAT THIS BILL MAY BE ACTUALLY PART OF THE BUDGET THAT WE'RE

CURRENTLY NEGOTIATING SINCE IT WAS IN THE GOVERNOR'S ONE -- EXECUTIVE

PROPOSED BUDGET. THE SECOND IS, DESPITE WHAT MAY HAVE BEEN SAID, THE

BILL DOES REQUIRE A BANK TO PAY OUT SMALLER -- SMALLER TRANSACTIONS IF A

LARGER ONE CANNOT BE PAID OUT. THIS IS SOMETHING THAT HAS HISTORICALLY

BEEN BETWEEN BANKS AND CUSTOMERS BEEN NEGOTIATED BETWEEN A SHARED

AGREEMENT, AND THIS IS GOING TO ELIMINATE THAT AND IT'S GOING TO

ELIMINATE CUSTOMER CHOICE IN -- IN WHERE THEY GO. AND I SAY THAT

BECAUSE THIS IS A BILL THAT DEALS SPECIFICALLY AND ONLY WITH

STATE-CHARTERED BANKS. FEDERALLY-CHARTERED BANKS WILL NOT HAVE TO BE

REQUIRED TO DO THIS. SO BASICALLY WHAT WE'RE TELLING OUR CUSTOMERS OR

OUR RESIDENTS IS, LISTEN, IF YOU'RE LOOKING FOR A BANK WHERE YOU CAN

NYS ASSEMBLY MARCH 29, 2023

HAVE AN AGREEMENT, WHERE YOU CAN TALK TO YOUR BANKER AND SAY,

LISTEN, IN THESE CIRCUMSTANCES WHERE WE ARE OVERDRAWN, FOR WHATEVER

REASON, I WANT YOU TO DO X. WE'RE NOT -- WE'RE NOT DOING THAT HERE.

WE'RE SAYING IN THIS BILL THE SUPERINTENDENT IS GOING TO SAY WHAT

THEY'RE GOING TO DO WHEN YOU'RE OVERDRAWN. SO WHAT WE'RE BASICALLY

DOING IS TELLING OUR RESIDENTS, YOU KNOW WHAT? IF YOU'RE LOOKING FOR A

BANK, YOU'RE LOOKING FOR A BANK WHERE TO PUT YOUR MONEY, GO TO THE

FEDERALLY-CHARTERED BANKS BECAUSE THEY'RE NOT GOING TO BE HAMPERED

WITH THIS VERY LEGISLATION THAT'S GOING TO PREVENT YOU FROM HAVING A

BETTER -- A BETTER AGREEMENT AND RELATIONSHIP WITH YOUR BANK.

FOR THOSE REASONS, MR. SPEAKER, I'M GOING TO BE

VOTING IN THE NEGATIVE AGAINST THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. GIGLIO: YES. SO I AGREE WITH MY COLLEAGUE

THAT IT IS PREMATURE IN THE BUDGET AND THEN THIS BILL AS WELL, WITHOUT

ESPECIALLY BRINGING THE BANKS TO THE TABLE TO FIGURE OUT WHAT IT IS THAT

THEY DO. BECAUSE BANKS ARE NOT GETTING RICH ON THESE OVERDRAFT FEES,

BUT WHAT IT IS DOING IS IDENTIFYING PEOPLE THAT ARE STRUGGLING. BECAUSE

I'VE SPOKEN TO THE BANKS AND I'VE SPOKEN TO THE CREDIT UNIONS, AND IT

IDENTIFIES PEOPLE THAT ARE STRUGGLING, WHICH THEN THEY BRING THE PERSON

IN, THEY TALK TO THEM AND THEY SAY, LET US TELL YOU ABOUT THE BENEFITS

NYS ASSEMBLY MARCH 29, 2023

THAT WE HAVE. WE CAN TEACH YOU ABOUT FINANCIAL LITERACY. WE CAN

TEACH YOU ABOUT BUDGETING. WE CAN HELP YOU TO PAY OFF DEBT SO THAT

YOU'RE NOT OVERDRAWN EVERY MONTH BECAUSE THAT CAN'T BE A GOOD

FEELING. SO I THINK THAT BRINGING THE BANKS TO THE TABLE AND FIGURING OUT

HOW TO HELP PEOPLE THAT ARE STRUGGLING TO PAY THEIR BILLS RATHER THAN JUST

ELIMINATING FEES, WHICH IS AN ALERT TO THE BANKS THAT SOMEONE IS

STRUGGLING, THAT IT'S -- IT'S REALLY NOT SERVING ANY PURPOSE EXCEPT FOR

MAKING BANKS SCRUTINIZE MORE WHO THEY WANT TO DO BUSINESS WITH AND

WHO THE CONSUMERS ARE.

SO FOR THAT REASON I'LL BE VOTING IN THE NEGATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION FOR THE

REASONS MENTIONED BY MY COLLEAGUES, BUT THOSE WHO WISH TO SUPPORT IT

ARE CERTAINLY FREE TO VOTE IN FAVOR HERE ON THE FLOOR OF THE ASSEMBLY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

NYS ASSEMBLY MARCH 29, 2023

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

OF LEGISLATION. HOWEVER, THERE MAY BE A FEW THAT WOULD LIKE TO BE AN

EXCEPTION. THEY'RE PERFECTLY ABLE TO PRESS THEIR OWN BUTTONS TO DO SO.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: LAST YEAR WE ELIMINATED THE ABILITY

OF ANY CONSUMER WHO USES A STATE-CHARTERED BANK TO AGREE WITH THE

BANK ON WHAT ORDER THEIR CHECK SHOULD BE CHARGED. AND AS A RESULT, IF

YOU HAD A LARGE CHECK FOR SOMETHING THAT WAS VERY IMPORTANT TO YOU,

SAY, RENT OR YOUR CAR PAYMENT, PRIOR TO LAST YEAR YOU COULD TELL YOUR

BANK, IF MY LARGE CHECK DOESN'T CLEAR AND IT WAS WRITTEN BEFORE THE

SMALLER ONES, DON'T -- DON'T PAY ANY OF THEM BECAUSE I'M GOING TO COME

IN WITH THE NECESSARY 10 OR 20 OR $30 SO THAT I'M NOT FACING EVICTION OR

A REPOSSESSION. AND LAST YEAR, THIS LEGISLATIVE BODY PUT OUR OPINION

OVER AND ABOVE EVERY CONSUMERS AND WE SAID, YOU KNOW WHAT? WE

DON'T CARE WHAT YOU WANT. IF YOU GO TO A STATE-CHARTERED BANK WE'RE

GOING TO CLEAN OUT YOUR ACCOUNT WITH ALL THE SMALLER CHECKS AND GOOD

LUCK WITH YOUR RENT CHECK OR YOUR CAR PAYMENT OR ANY OTHER AGREEMENT

YOU HAD WITH THE BANK. AND THIS BILL TAKES THAT BAD BILL WHICH HAD 46

NO VOTES, WHICH WAS A BIPARTISAN OPPOSITION, AND NOW IT EXTENDS IT TO

EVERYTHING ELSE. EVERY OTHER DEBIT AND CREDIT TRANSACTION. BUT IT ONLY

NYS ASSEMBLY MARCH 29, 2023

ELIMINATES CONSUMER CHOICE IF YOU GO TO A STATE-CHARTERED BANK. MY

FRIENDS, LET'S RECOGNIZE THAT CONSUMERS ARE IN THE BEST POSITION TO

DECIDE FOR THEMSELVES HOW THEY WANT THEIR DEBIT AND CREDIT

TRANSACTIONS HANDLED, AND THEY'RE NOT LOOKING FOR US TO TELL THEM THAT IF

THEY GO TO A STATE-CHARTERED BANK THE ADMINISTRATION WILL OVERRIDE ANY

OF THEIR PERSONAL CHOICES. AND FOR THAT REASON I OPPOSE IT AND HOPE MY

COLLEAGUES WILL OPPOSE IT AS WELL.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HUNTER TO EXPLAIN HER VOTE.

MS. HUNTER: YES, MR. SPEAKER, TO EXPLAIN MY

VOTE. I THINK IT'S A PROUD DAY WHEN THE ASSEMBLY STANDS UP FOR

CONSUMERS AND TRYING TO MAKE SURE THAT THEY ARE NOT IMPOSED WITH

EXCESSIVE OVERDRAFT FEES. I WOULD LOVE TO SEE THE GENEROSITY OF OUR

BANKING SYSTEM WITH OUR -- THE PEOPLE IN OUR COMMUNITIES AND -- AND

NOT HITTING THEM VERY HARD WITH ALL OF THESE FEES. AND SO I'D LIKE TO JUST

PROVIDE A LITTLE BIT OF CONTEXT RELATIVE TO THE FLEXIBILITY IN MAKING SURE

THAT THESE STATE-CHARTERED BANKS ARE COMPETITIVE WITH THESE

FEDERALLY-CHARTERED BANKS, AND THAT'S WHY THIS LANGUAGE IS INCLUDED IN

HERE THAT THE COSTS INCURRED BY THE BANKING ORGANIZATION IN PROVIDING

ANY SERVICES ASSOCIATED WITH SUCH CHARGES, THE COMPETITIVE POSITION OF

THE BANKING ORGANIZATION AND THE MAINTENANCE OF A SAFE AND SOUND

BANKING ORGANIZATION THAT PROTECTS THE PUBLIC INTEREST. THIS PROVIDES

FOR FLEXIBILITY AND ALSO JUST PUTS THESE STATE-CHARTERED BANKS RIGHT IN

LINE WITH FEDERALLY-CHARTERED BANKS TO MAKE SURE THAT THEY ARE

NYS ASSEMBLY MARCH 29, 2023

COMPETITIVE. WE WANT TO MAKE SURE THAT PEOPLE ARE COMING TO OUR

STATE-CHARTERED BANKS, THAT THEY'RE GETTING THE SAME PRODUCTS AND

SERVICES THAT YOU WOULD GET AT A FEDERALLY-CHARTERED BANK. AND, YOU

KNOW, IN THE CURRENT TIMES THAT WE ARE, WE JUST HAVE INCREASED

INFLATION, WE HAVE INCREASED INTEREST RATES RIGHT NOW, WE WANT TO MAKE

SURE THAT OUR BANKING SYSTEMS ARE SAFE AND SOUND, MAKING SURE THAT ALL

OF OUR CONSUMERS HAVE FLEXIBILITY AND MAKING SURE THAT THEY'RE ABLE TO

GO TO THOSE COMMUNITY BANKS, ESPECIALLY THOSE ONES IN OUR

COMMUNITIES THAT ARE RIGHT ON THE GROUND OF PROVIDING THE SERVICES;

SMALL LOANS TO MAYBE MWBES, SMALL BUSINESSES, AND WE WANT TO

MAKE SURE THAT THEY STAY IN OUR COMMUNITIES.

SO I IMPLORE OTHERS TO VOTE IN THE POSITIVE AS I WILL,

MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. HUNTER 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 ANY RESOLUTIONS OR FURTHER HOUSEKEEPING?

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

BUT 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.

NYS ASSEMBLY MARCH 29, 2023

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 252 AND 253

WERE UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., THURSDAY, MARCH THE 30TH,

TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 4:15 P.M., THE HOUSE STOOD ADJOURNED

UNTIL THURSDAY, MARCH 30TH AT 10:00 A.M., THAT BEING A SESSION DAY.)