TUESDAY, MAY 21, 2024 3:20 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IMAM DR. MOHAMMAD ANSARUL KARIM [SIC] WILL OFFER

A PRAYER.

IMAM DR. MOHAMMAD ANSARUL KARIM

AZHARI: (SPEAKING FOREIGN LANGUAGE). GREETING OF PEACE THAT

NEEDED MOST FOR THIS TROUBLED WORLD. WE START INVOCATION WITH A

RECITAL FROM THE KORAN, THE HOLY SCRIPTURE OF ISLAMIC FAITH. (SINGING IN

FOREIGN LANGUAGE). BY THE TIME MANKIND IN LOST EXCEPT THOSE WHO HAVE

FAITH AND GOOD DEEDS. THOSE WHO WILL ENJOIN OTHERS FOR TRUTH AND

PATIENCE AND PERSEVERANCE. HOLY PERFECT MUHAMMAD, PEACE BE UPON

HIM. REENFORCE THIS CHRONIC IMPERATIVE BY SAYING SPEAK THE TRUTH

EVEN IF IT IS BITTER. INTERESTINGLY, JESUS OF NAZARETH SAID THE SAME

NYS ASSEMBLY MAY 21, 2024

THING, JOHN 8:32. AND YOU KNOW THE TRUTH, THE TRUTH SHALL SET YOU FREE.

THE TRUTH WILL SET YOU FREE. PERFECT MUHAMMAD SAID AGAIN, DON'T

HARBOR MALICE FOR EACH OTHER. DON'T HARBOR GRUDGES FOR EACH OTHER.

NO ANIMOSITY, NO HATRED. BROTHER, STAY TOGETHER IN PEACE AS BROTHER

FOR EACH OTHER, AS A SLAVE FOR ALMIGHTY. INTERESTINGLY, THE TEN

COMMANDMENTS THAT WAS REVEALED ON PROPHET MOSES RESONATED THE

SAME TEACHINGS. BOOK OF LEVITICUS VERSE 19, YOU SHALL NOT STEAL, SHALL

NOT LIE. NOR YOU SHOULD INDULGE IN FALSE DEALING. DON'T TAKE WHAT IS

NOT BELONG TO YOU. THIS PROVES THAT WE ARE FROM THE SAME SOURCE. WE

ARE ONE. WE ARE FROM GOD. AND WE CAN LIVE IN HARMONY AND PEACE.

THERE'S MORE COMMONALITIES THAT CAN UNIFY US. MY MOSQUE, BELAL

MOSQUE IN BROOKLYN IN NEW YORK, A FEW BLOCKS AWAY A SYNAGOGUE.

WHEN WE MEET I SAY "SALAAM" AND MY NEIGHBORS SAY "SHALOM." SAME

THING. WITH LOVE AND PEACE AND MUTUAL UNDERSTANDING AND HARMONY

WE CAN MAKE THIS PLANET BETTER. RUMI, RENOWNED POET, SAYS (SPEAKING

IN FOREIGN LANGUAGE). IN THIS EARTH, IN THIS PLANET, IN THIS PURE SOIL, LET'S

SOW NOTHING EXCEPT THE SEED OF LOVE AND COMPASSION. ALMIGHTY GOD,

HELP US INWARDLY AND OUTWARDLY, IN OUR INNER WORD AND OUTER WORD.

GUIDE US AND ACCEPT EVERYBODY'S PRESENCE IN THIS AUSPICIOUS MOMENT.

THIS SACRED ARENA, BE WITH US AND ENLIGHTEN US EVERY STEP WE TAKE,

EVERY DECISION WE MAKE. OH OUR LORD, BLESS EVERYBODY. BLESS THIS

WONDROUS LAND, BLESS OUR PEOPLE, OUR YOUTH, OUR MOTHERS AND SISTERS,

INNOCENT CHILDREN. ALL ALMIGHTY, ACCEPT US AND BLESS US TODAY,

TOMORROW AND BEYOND UNTIL ETERNITY. KEEP US IN YOUR DIVINE, AND

KEEP US ENVELOPED IN YOUR DIVINE SAFETY AND SECURITY AND STAY BLESSED.

NYS ASSEMBLY MAY 21, 2024

MR. SPEAKER, AND HONORABLE MEMBERS AND

DISTINGUISHED GUESTS, ONCE AGAIN, IT WAS AN ABSOLUTE PLEASURE AND AN

HONOR TO BE WITH YOU. STAY BLESSED, THANK YOU VERY MUCH.

AMEN.

ACTING SPEAKER AUBRY: VISITORS ARE INVITED

TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF MONDAY, MAY THE 20TH.

MRS. PEOPLES-STOKES.

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

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, MAY THE

20TH AND THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

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

SPEAKER, AND ALL OF OUR MEMBERS THAT ARE IN THE CHAMBERS AS WELL AS

THE GUESTS WHO HAVE JOINED US TODAY, I'D LIKE TO SHARE A QUOTE. THIS

ONE IS COMING FROM DAVID JOSEPH SCHWARTZ. HE WAS AN AMERICAN

MOTIVATIONAL WRITER AND A COACH, BEST KNOWN FOR AUTHORING THE MAGIC

OF THINKING BIG IN 1959. HE WAS ALSO THE CHAIR OF THE CONSUMER

FINANCE DEPARTMENT AT GEORGIA STATE UNIVERSITY. HIS WORDS FOR US

TODAY, HOW WE THINK SHOWS THROUGH IN HOW WE ACT. ATTITUDES ARE

NYS ASSEMBLY MAY 21, 2024

MIRRORS OF OUR MIND. THEY ARE REFLECTIVE [SIC] THINKING. AGAIN, THESE

WORDS FROM DAVID JOSEPH SCHWARTZ.

MR. SPEAKER, MEMBERS ALSO HAVE ON THEIR DESKS A

MAIN CALENDAR AND A DEBATE LIST. WE ARE GOING TO BEGIN TODAY BY

CALLING FOR THE GOVERNMENTAL OPERATIONS COMMITTEE TO MEET IN THE

SPEAKER'S CONFERENCE ROOM, AND AFTER HOUSEKEEPING AND

INTRODUCTIONS WE'RE GOING TO WORK OFF OF THE DEBATE LIST. WE'RE GOING

TO START WITH THE FOLLOWING BILLS: CALENDAR NO. 363 BY MR. GIBBS,

CALENDAR NO. 425 BY MR. CUNNINGHAM, CALENDAR NO. 62 BY MR.

DINOWITZ, AND CALENDAR NO. 132 BY MR. EPSTEIN. THERE COULD VERY

WELL BE A NEED FOR ADDITIONAL FLOOR ACTIVITY, MR. SPEAKER. IF THAT IS THE

CASE I WILL SO ANNOUNCE AT THAT TIME.

THAT'S A GENERAL OUTLINE OF WHERE WE'RE GOING TODAY,

SIR. THANK YOU, AND WE SHOULD BEGIN WITH HOUSEKEEPING.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

FOR THE COMMITTEE.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

WOULD PLEASE CALL THE GOVERNMENTAL OPERATIONS COMMITTEE TO THE

SPEAKER'S CONFERENCE ROOM FOR A COMMITTEE MEETING IMMEDIATELY.

ACTING SPEAKER AUBRY: THANK YOU.

GOVERNMENTS [SIC] OPERATIONS TO THE SPEAKER'S CONFERENCE ROOM

IMMEDIATELY, PLEASE.

WE DO HAVE SOME HOUSEKEEPING.

ON A MOTION BY MR. BORES, PAGE 20 -- PAGE 33,

CALENDAR NO. 430, BILL 8081-A, AMENDMENTS ARE RECEIVED AND

NYS ASSEMBLY MAY 21, 2024

ADOPTED.

ON A MOTION BY MS. ROSENTHAL, PAGE 31, CALENDAR

NO. 404, BILL NO. 4053-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

FOR THE PURPOSES OF A INTRODUCTION, MR. MAMDANI.

MR. MAMDANI: THANK YOU, MR. SPEAKER. I RISE

HERE TO INTRODUCE LEADERS OF THE BANGLADESHI AMERICAN COMMUNITY

ACROSS NEW YORK STATE, ACROSS NEW YORK CITY, WHO HAIL FROM DISTRICTS

SUCH AS MINE, SUCH AS ASSEMBLYMEMBERS ACROSS THE AISLES OF THIS

CHAMBER. AND THESE INDIVIDUALS CAME TOGETHER IN THE UNDERSTANDING

THAT IN ORDER FOR THEIR STORY TO BE TOLD IN CHAMBERS SUCH AS THESE, THEY

NEEDED TO BE THE ONES TO TELL IT. AND THEIR PURPOSE IS TO EMPOWER THEIR

COMMUNITY, THE YOUNG, THE OLD, AND TO IMPLORE FELLOW BANGLADESHIS IN

NEW YORK CITY AND IN NEW YORK STATE TO BECOME MORE INVOLVED IN

WHAT IS HAPPENING IN THE MUNICIPALITIES AND IN THE STATES AND IN THE

COUNTRY THAT THEY LIVE IN, AND TO ENCOURAGE THEM TO DEMAND THAT WHICH

IS GIVEN TO OTHER COMMUNITIES TO ALSO BE GIVEN TO THEM, TO ENCOURAGE

THEM TO DEMAND EQUALITY. AND I WANT TO THANK THESE INDIVIDUALS. I

WANT TO THANK BROTHER JOIN ALABADIN (PHONETIC), SISTER SHANA MASUM

(PHONETIC), SISTER AFAF NASHER (PHONETIC), THARUBA CHAUDRY

(PHONETIC), RAHIM SEBULMIA (PHONETIC), CAMAL MASUMA LEE

(PHONETIC), MATHA BRAHUL (PHONETIC), RHAMUTULA (PHONETIC) AND MORE

THAN 100 OTHERS WHO HAVE TAKEN THE TIME OUT OF THEIR DAY, THEIR WEEK,

THEIR MONTH, THEIR LIFE TO COME AND BRING THEIR COMMUNITIES HERE TO

ALBANY. I THANK YOU BECAUSE WE ARE ALL THE STRONGER FOR YOUR

ADVOCACY, WE ARE ALL THE WISER FOR YOUR WORDS, AND WE ARE ALL THE BETTER

NYS ASSEMBLY MAY 21, 2024

FOR YOUR BELIEF THAT THERE IS A PLACE FOR EVERY SINGLE ONE OF US IN THIS

CITY AND IN THIS STATE. THANK YOU SO MUCH FOR BEING HERE WITH US

TODAY.

(APPLAUSE)

ACTING SPEAKER AUBRY: ON BEHALF OF MR.

MAMDANI, THE SPEAKER AND ALL THE MEMBERS, IMAM, THANK YOU SO VERY

MUCH FOR JOINING US THIS MORNING. PEACE BE WITH YOU, APPRECIATE YOUR

PRAYER. AND TO THIS GROUP OF CITIZENS AND FINE MEMBERS WHO HAVE

JOINED WITH HIM, WE WELCOME YOU HERE TO THE NEW YORK STATE

ASSEMBLY, WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. HOPE THAT YOU

HAVE ENJOYED YOUR TRIP, HOPE THAT YOU HAVE LEARNED A BIT ABOUT ALBANY

AND WILL CONTINUE TO COME BACK AND GIVE US THE BENEFIT OF YOUR

WISDOM. THANK YOU SO VERY MUCH FOR BEING HERE.

(APPLAUSE)

MR. JONES FOR THE PURPOSES OF A INTRODUCTION.

MR. JONES: MR. SPEAKER, I RISE TODAY TO INTRODUCE

STUDENTS FROM THE STATE AND LOCAL GOVERNMENT CLASS FROM CLINTON

COMMUNITY COLLEGE. THEIR PROFESSOR, TOM MANDEVILLE, HAS BEEN

TEACHING AT CLINTON COMMUNITY COLLEGE SINCE 1990 AND HAS BEEN

COMING DOWN HERE ON TRIPS ALMOST AS LONG. AS WE JOKED EARLIER,

PROFESSOR MANDEVILLE PROBABLY KNOWS THIS BUILDING BETTER THAN MOST OF

US. I'D LIKE TO THANK THEM FOR THEIR VISIT TODAY, AND THAT THEY MAY HAVE

A GREAT EXPERIENCE LEARNING ABOUT THE LEGISLATIVE PROCESS FIRSTHAND.

WITH US TODAY ARE HEATHER CORBIERE, DAVID CURRY, JOSHUA HUNTER,

JACOB JUDGE, DAVID MACALPINE, ZOE RABIDEAU, GARRETT RYAN,

NYS ASSEMBLY MAY 21, 2024

NATHANIEL SMITH, JANAY THOMPSON, HUNTER YOUNG, AND OF COURSE,

PROFESSOR MANDEVILLE.

MR. SPEAKER, WILL YOU PLEASE EXTEND THE CORDIALITIES

OF THE CHAMBER AND WELCOME THE CLINTON COMMUNITY COLLEGE

STUDENTS HERE TO THE PEOPLE'S HOUSE?

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. JONES, THE SPEAKER AND ALL THE MEMBERS, PROFESSOR, STUDENTS, WE

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

PRIVILEGES OF THE FLOOR. HOPE THAT THIS HAS BEEN A BENEFICIAL YEAR IN

YOUR EDUCATION AND THAT YOU'RE LOOKING FORWARD TO GRADUATION IF THAT'S

GONNA HAPPEN FOR YOU, OR CONTINUING ON IN EDUCATION. CONTINUE THAT,

KNOW THAT YOU ARE ALWAYS WELCOME HERE EVEN THOUGH YOU'VE BEEN HERE

SO MANY YEARS, PROFESSOR. THANK YOU.

(APPLAUSE)

MR. ZEBROWSKI FOR THE PURPOSES OF A INTRODUCTION.

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

GIVES ME GREAT PLEASURE TO STAND TODAY TO INTRODUCE SOME PROMINENT

MEMBERS OF THE ROCKLAND COUNTY INDIAN AMERICAN COMMUNITY THAT

ARE WITH US HERE TODAY REPRESENTING THREE SPECIFIC ASSOCIATIONS. THIS

VIBRANT COMMUNITY IN MY DISTRICT IN ROCKLAND HOLDS SO MANY EVENTS

THROUGHOUT THE YEARS, HAS -- HAVE BECOME MY FRIENDS, BECOME FOLKS

THAT I'VE COLLABORATED WITH, AND THEY HOLD THINGS THROUGH HOLIDAYS,

FROM HOLY TO EVENTS WHERE THE CHILDREN PERFORM TO CULTURAL AND

HERITAGE EVENTS. THEY JOIN US EVERY YEAR HERE IN THE STATE CAPITOL

BECAUSE WE PASS A RESOLUTION DECLARING AUGUST INDIAN AMERICAN

NYS ASSEMBLY MAY 21, 2024

HERITAGE MONTH AND WE'LL DO SO LATER TODAY.

IF I COULD JUST INTRODUCE THEM, MR. SPEAKER. FROM THE

INDIA CULTURAL ASSO -- SOCIETY OF ROCKLAND COUNTY WE HAVE ALKA

SHAH, THE PRESIDENT-ELECT; CHAITRA NAMA, SURESH IYER, AND SWANEET

JHA. FROM THE HUDSON VALLEY MALAYALEE ASSOCIATION WE HAVE

VARGHESE OLAHANNAN. AND FROM THE INDIAN HERITAGE AND CULTURAL

AWARENESS CLUB WE HAVE DR. ANEY PAUL, WHO I WOULD LIKE TO POINT

OUT, MR. SPEAKER, IS ALSO THE VICE-CHAIR OF THE ROCKLAND COUNTY

LEGISLATURE. WE ALSO HAVE SHAIMI JACOB, THE TREASURER; AND GEORGE

JOSEPH FROM THE EMALAYALEE NEW MEDIA.

I'D APPRECIATE IF YOU WOULD WELCOME THESE PROMINENT

ROCKLANDERS TO THE CAPITOL TODAY AND THANK THEM FOR ALL THEY DO FOR

MY LOCAL COMMUNITY. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. ZEBROWSKI, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

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

THE FLOOR. OUR THANKS FOR YOU TAKING THE TIME OUT OF YOUR BUSY

SCHEDULES TO COME AND SHARE THIS MOMENT WITH US. WE HOPE THAT YOU

WILL CONTINUE TO WORK TO IMPROVE BOTH YOUR INDIVIDUAL COMMUNITY, BUT

THE STATE AT-LARGE. THANK YOU, AND KNOW THAT YOU ARE ALWAYS WELCOME

HERE. THANK YOU SO MUCH.

(APPLAUSE)

MS. LUNSFORD FOR THE PURPOSE OF A INTRODUCTION.

MS. LUNSFORD: THANK YOU, MR. SPEAKER. I AM

PROUD TO ONCE AGAIN HOST STEAM DAY HERE IN THE NEW YORK STATE

NYS ASSEMBLY MAY 21, 2024

ASSEMBLY. WE'LL HEAR MORE ABOUT THAT WHEN WE DO RESOS AT THE END OF

SESSION. BUT RIGHT NOW I WOULD LIKE TO INTRODUCE FROM PENFIELD, NEW

YORK, TEAM ROLLING THUNDER, WHO SHOULD BE STANDING UP. STAND,

THANK YOU. TEAM ROLLING THUNDER IS AN INCREDIBLE GROUP OF YOUNG

PEOPLE WHO ARE PART OF THE FIRST ROBOTICS PROGRAM, A PROGRAM THAT MANY

OF YOU HAVE IN YOUR DISTRICTS. AND IF YOU HAD THE OPPORTUNITY TO WALK

THROUGH THE BREEZEWAY TODAY, YOU WOULD'VE SEEN SOME INCREDIBLE

DEMONSTRATIONS BY THEM AND FROM TEAMS FROM AROUND THE STATE. TEAM

1511 WAS THE WINNER OF THE IMAGERY AWARD AT THE ALBANY REGIONAL

THIS YEAR. THEY PARTICIPATE IN -- THEY PARTICIPATE ALL ACROSS THE COUNTRY

IN CHAMPIONSHIPS, AND THEY ALSO HELP TEACH OTHER ROBOTICS TEAMS HOW

TO ADVOCATE FOR THEMSELVES AND FOR OTHER TEAMS IN GOVERNMENT. THE

SOFT SKILLS THAT YOU LEARN AS PART OF THE FIRST ROBOTICS PROGRAM ARE REALLY

INCREDIBLE AND THIS IS A FABULOUS TEAM. IT IS BECAUSE OF THEM, A ROBOT

ON THE TABLE, THAT WE HOST STEAM DAY AT ALL.

SO I ASK YOU PLEASE TO GIVE THEM THE PRIVILEGES OF THE

FLOOR AND WELCOME THEM TO THE NEW YORK STATE ASSEMBLY.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. LUNSFORD, THE SPEAKER AND ALL THE MEMBERS, LADIES AND

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

WE GIVE YOU THE PRIVILEGES OF THE FLOOR. WE APPRECIATE THE GREAT WORK

THAT YOU'VE DONE. WE SAW MANY OF THE DISPLAYS THERE IN THE WELL.

CONTINUE TO DO THAT GREAT WORK. YOU ARE THE FUTURE OF OUR WORLD.

THANK YOU SO VERY MUCH FOR BEING HERE.

(APPLAUSE)

NYS ASSEMBLY MAY 21, 2024

MS. SEAWRIGHT FOR THE PURPOSES OF A INTRODUCTION.

MS. SEAWRIGHT: THANK YOU, MR. SPEAKER. I RISE

TODAY TO INTRODUCE A TRUE TRAILBLAZER, A DEAR FRIEND AND A SPECIAL GUEST.

HER NAME IS MERLE HOFFMAN. SHE IS AN AMERICAN AUTHOR, ACTIVIST AND

FEMINIST HEALTHCARE INNOVATOR WHO HAS BEEN ON THE FRONT LINES OF THE

REPRODUCTIVE RIGHTS MOVEMENT SINCE 1971 WHEN SHE HELPED ESTABLISH

ONE OF THE FIRST AND LARGEST ABORTION CLINICS IN THE UNITED STATES TWO

YEARS BEFORE ROE V. WADE. SHE IS THE FOUNDER AND CEO OF CHOICES

WOMEN'S MEDICAL CENTER IN JAMAICA, QUEENS WHICH PROVIDES

ABORTIONS AS WELL AS PRENATAL CARE, ALL OPTIONS COUNSELING, GYN VISITS,

MENTAL HEALTH SERVICES AND TRANS HEALTH SERVICES. THE PUBLISHER AND

EDITOR-IN-CHIEF OF ON THE ISSUES MAGAZINE FROM 1983 TO 1999, AND THE

RECIPIENT OF THE 2009 NEWS WOMEN'S CLUB OF NEW YORK FRONT PAGE

AWARD. SHE IS ALSO THE AUTHOR OF TWO BOOKS; INTIMATE WARS, PUBLISHED

BY THE FEMINIST PRESS AT THE CITY UNIVERSITY OF NEW YORK IN 2012, AND

THE NEWLY-RELEASED CHOICES, A POST-ROE ABORTION RIGHTS MANIFESTO BY

SKYHORSE PUBLISHING IN 2023. SHE'S THE CO-FOUNDER OF THE NATIONAL

ABORTION FEDERATION AND HAS ORGANIZED CRUCIAL ACTIONS IN THE HISTORY OF

THE REPRODUCTIVE RIGHTS MOVEMENT. SHE REMAINS A CRUCIAL PROVIDER AND

ACTIVIST IN THE POST-ROE ERA.

TODAY WE COMMEND MERLE ON HER FEARLESS ACTIVISM

AND DEDICATION TO EDUCATING AND PROVIDING WOMEN WITH SAFE AND

EQUITABLE REPRODUCTIVE HEALTHCARE SERVICES. MR. SPEAKER, PLEASE GRANT

HER THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

NYS ASSEMBLY MAY 21, 2024

OF MS. SEAWRIGHT, MERLE, WELCOME TO THE NEW YORK STATE ASSEMBLY.

WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE

SERVICE THAT YOU HAVE PROVIDED US HERE IN THIS STATE. CONTINUE THAT

GREAT WORK, THANK YOU. YOU ARE ALWAYS WELCOME HERE. THANK YOU.

(APPLAUSE)

MR. BURDICK FOR THE PURPOSES OF AN INTRODUCTION.

MR. BURDICK: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO INTRODUCE TWO OF MY CONSTITUENTS HERE TODAY, KOJI SATO

AND EMMA TONG, BOTH RESIDENTS OF NEW CASTLE. EARLIER THIS AFTERNOON

WE HONORED KOJI AT THE AAPI DAY CEREMONY FOR HIS SIGNIFICANT

CONTRIBUTIONS TO THE AAPI COMMUNITY IN NEW YORK STATE AND BEYOND.

KOJI IS A HIGHLY-REGARDED LEADER IN THE JAPANESE AMERICAN COMMUNITY,

CURRENTLY SERVING AS PRESIDENT OF THE JAPANESE AMERICAN ASSOCIATION

OF NEW YORK AND COUNCIL LEADER OF THE U.S.-JAPAN COUNCIL. IN

ADDITION TO THESE ROLES, HE SERVES ON THE BOARD OF GOVERNORS OF THE

JAPANESE AMERICAN NATIONAL MUSEUM IN LOS ANGELES, AND IS CO-CHAIR

OF THE ASIAN AMERICAN ADVISORY BOARD OF WESTCHESTER COUNTY. WE'RE

VERY GRATEFUL FOR ALL THE WORK THAT KOJI HAS DONE AND CONTINUES TO DO.

EMMA TONG IS A SOPHOMORE AT HORACE GREELEY HIGH

SCHOOL IN CHAPPAQUA. SHE'S VERY ACTIVE IN HER COMMUNITY IN HELPING

TO FIGHT THE CLIMATE CRISIS, AND IS DELIGHTED TO BE HERE IN THE STATE'S

CAPITOL TO OBSERVE THE NEW YORK STATE LEGISLATURE AND TO GET SOME

IDEA OF HOW THE PEOPLE'S WORK IS CONDUCTED.

MR. SPEAKER, KINDLY WELCOME KOJI SATO AND EMMA

TONG, AND EXTEND TO THEM ALL OF THE COURTESIES AND PRIVILEGES OF THE

NYS ASSEMBLY MAY 21, 2024

PEOPLE'S HOUSE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. ON

BEHALF OF MR. BURDICK, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

THESE BOTH DISTINGUISHED INDIVIDUALS HERE TO THE NEW YORK STATE

ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. HOPE THAT YOUR

TIME HERE IN ALBANY HAS BEEN BENEFICIAL. WE RECOGNIZE THAT ON ONE

HAND WE'RE TALKING ABOUT THE -- SOMEONE WHO'S SERVING THE PRESENT AND

THE FUTURE, AND -- AND ABSOLUTELY LOOK FORWARD TO THE YOUNG LADY'S

CONTRIBUTIONS TO THIS SOCIETY AS WE MOVE ALONG. THANK YOU SO VERY

MUCH FOR BEING WITH US.

(APPLAUSE)

MS. WALSH FOR THE PURPOSES OF A INTRODUCTION.

MS. WALSH: THANK YOU VERY MUCH, MR. SPEAKER.

TODAY I'M VERY PLEASED TO INTRODUCE TO EVERYONE HERE THE ROBOVINES

TEAM 6955, A FIRST TECH CHALLENGE TEAM CONSISTING OF STUDENTS FROM

ACROSS SARATOGA COUNTY, NEW YORK. JOINING US TODAY ARE THREE TEAM

MEMBERS, NORAH, ETHAN AND CORIN, AND THEIR COACH, TYLER. AS A

WHOLE, THE TEAM HAS TEN MEMBERS FROM DIFFERENT MIDDLE AND HIGH

SCHOOLS THROUGHOUT THE AREA. THIS TEAM IS ORGANIZED THROUGH 4-H'S

CORNELL COOPERATIVE EXTENSION AND IS MADE UP OF TEN MEMBERS, AS I

SAID. THESE STUDENTS SHOW THEIR LOVE FOR STEM THROUGH THEIR PASSION

TO SHARE IT WITH THE COMMUNITY.

FIRST TECH CHALLENGE IS A HEAD-TO-HEAD COMPETITION

DESIGNED FOR STUDENTS IN GRADES SEVEN TO 12. TEAMS ARE RESPONSIBLE FOR

DESIGNING, BUILDING AND PROGRAMMING THEIR OWN ROBOTS TO COMPETE IN

NYS ASSEMBLY MAY 21, 2024

AN ALLIANCE FORMAT AGAINST OTHER TEAMS. TEAMS, INCLUDING COACHES,

MENTORS AND VOLUNTEERS ARE REQUIRED TO DEVELOP STRATEGY AND BUILD

ROBOTS BASED ON ENGINEERING PRINCIPLES. AWARDS ARE GIVEN FOR

COMPETITION, AS WELL AS COMMUNITY OUTREACH, DESIGN AND OTHER REAL

WORLD ACCOMPLISHMENTS.

THIS TEAM RUNS THE ENTIRETY OF SARATOGA COUNTY 4-H'S

ROBOTICS PROGRAM, INCLUDES A COMPETITIVE FIRST LEGO LEAGUE TEAM, A

PROGRAM THAT MEETS MONTHLY FOR PRESCHOOL-AGE KIDS AND A PROGRAM THAT

MEETS BIWEEKLY FOR ELEMENTARY-AGE KIDS. THEY ALSO VOLUNTEER AT 4-H

FUNDRAISERS REGULARLY TO HELP OUT IN THE COMMUNITY. THE 2023-'24

SEASON IS THE 11TH SEASON THE ROBOVINES HAVE COMPETED AS A TEAM.

THIS YEAR THE TEAM ADVANCED TO THE WORLD CHAMPIONSHIPS IN HOUSTON,

TEXAS WHERE THEIR TEAM COMPETED FOR THE SECOND TIME.

YOU KNOW, THEY -- I LOVE THE FACT THAT THIS TEAM,

THEY'RE STARTING FROM THE YOUNGEST KIDS AND GOING ALL THE WAY UP

THROUGH HIGH SCHOOL. WE KNOW HOW IMPORTANT STEM SYSTEM IS IN

DEVELOPING THOSE GREAT YOUNG MINDS TO WORK ON THE CHALLENGES THAT WE

FACE IN NEW YORK AND AROUND THE COUNTRY AND AROUND THE WORLD. AND

MR. SPEAKER, I'M HOPING THAT YOU CAN EXTEND TO SOME OF THE MEMBERS

OF THE TEAM THAT ARE PRESENT TODAY AND TO THEIR COACH, ALL THE

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

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

PRIVILEGES OF THE FLOOR. OUR ENCOURAGEMENT THAT YOU CONTINUE THE

NYS ASSEMBLY MAY 21, 2024

PURSUIT OF THIS MARVELOUS NEW TECHNOLOGY THAT WE'RE LEARNING ABOUT,

KNOWING THAT YOU WILL BRING US TO A BRIGHTER FUTURE AND WE WILL HAVE A

BETTER DAY. THANK YOU FOR YOUR WORK, CONTINUE THAT GREAT WORK.

THANK YOU.

(APPLAUSE)

MS. CRUZ FOR THE PURPOSES OF A INTRODUCTION.

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

MR. SPEAKER, FOR ALLOWING ME TO MAKE THIS INTRODUCTION. PLEASE JOIN

ME IN WELCOMING TO OUR HOUSE DR. CHARLENE THOMAS. SHE IS THE VP

OF MARKETING AT DEF JAM RECORDINGS. IN HER ROLE SHE CURATES

MARKETING STRATEGIES FOR ARTISTS SUCH AS FREDO BANG, LL COOL J, HIT-

BOY, 2 CHAINZ, BENNY THE BUTCHER, FABOLOUS, DAVE EAST, JADAKISS AND

JEEZY, AMONG OTHERS. DR. THOMAS RECEIVED HER START AS THE DIRECTOR OF

SPECIAL EVENTS FOR THE NEW LEGENDARY -- NOW LEGENDARY TV SHOW

VIDEO MUSIC BOX. SHE LATER BECAME THE LEADING ENGINEER FOR THE

FLAVOR -- FLAVOR RADIO SHOW ON WMWK 105.9. SINCE THEN SHE

CONTRIBUTED -- SHE CONTRIBUTED TO THE SUCCESS OF THREE MAJOR

MULTI-MILLION DOLLAR CONGLOMERATES, LOUD RECORDS, ROCKEFELLER

RECORDS, AND SLIP-N-SLIDE RECORDS, ALL BY SPEARHEADING INNOVATIVE

AND UNIQUELY SUCCESSFUL MARKETING CAMPAIGNS FOR MAJOR ARTISTS SUCH AS

JAY-Z, WU-TANG CLAN, RICK ROSS, AND JUST TO NAME A FEW.

ADDITIONALLY, DR. THOMAS HOLDS A PHD IN MARKETING AND AN MBA IN

INTERNATIONAL BUSINESS. SHE JOINS US HERE TODAY TO COMMEMORATE THE

40TH ANNIVERSARY OF DEF JAM RECORDS. IN -- IN 2024 WE'RE CELEBRATING

40 YEARS OF THIS -- OF -- HOW SHOULD WE CALL DEF JAM -- LEGENDARY

NYS ASSEMBLY MAY 21, 2024

RECORDING COMPANY THAT HAS GIVEN US SO MANY MEMORIES, MANY OF THE

FOLKS HERE. FOUNDED IN 1984 BY TWO YOUNG NEW YORK ENTREPRENEURS

IN THE WEINSTEIN RESIDENCE HALL OF NYU, DEF JAM HAS BEEN AT THE

FOREFRONT OF HIP-HOP MUSIC CULTURE FOR DECADES. THE LABEL IS CREDITED

WITH UNITING THE SOUNDS OF DISCO, ROCK AND ROLL, PUNK MUSIC, IGNITING

THE (INAUDIBLE) GENRE OF HIP-HOP. THE LABEL LAUNCHED THE CAREERS OF

DOZENS OF HIP-HOP ARTISTS INCLUDING JAY-Z, DMX, RIHANNA, JA RULE AND

MANY OTHERS. BUT I WANT TO THANK THEM SPECIFICALLY FOR THEIR

WILLINGNESS TO WORK ON CIVIC ENGAGEMENT AS WELL AS LEGISLATION THAT IS

GOING TO PROTECT THE FIRST AMENDMENT RIGHTS OF ARTISTS, AND FOR

PROTECTING THOSE SAME ARTISTS THAT COME FROM MANY OF THE COMMUNITIES

THAT WE REPRESENT. THEY ARE GENERALLY BLACK AND BROWN ARTISTS, AND

THEY HAVE MADE SURE THAT THE ENTIRE WORLD KNOWS WHAT HIP-HOP IS ALL

ABOUT.

THANK YOU, MR. SPEAKER, AND HELP ME WELCOME THEM

TO OUR HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

TO THE NEW YORK STATE ASSEMBLY. WE APPRECIATE THAT YOU HAVE TAKEN

THE TIME TO COME AND SHARE YOUR -- YOUR TIME WITH US IN THE ASSEMBLY,

AND WE HOPE THAT THIS WILL BE BENEFICIAL TO YOU AND THE STATE AT-LARGE.

AND WE CONGRATULATE YOU ON SUCH SUCCESSFUL LIVES THAT YOU HAVE

ALREADY LIVED. THANK YOU. CONTINUE THAT GREAT WORK.

(APPLAUSE)

MR. TANNOUSIS FOR THE PURPOSE OF A INTRODUCTION.

NYS ASSEMBLY MAY 21, 2024

MR. TANNOUSIS: THANK YOU, MR. SPEAKER. I AM

THE PROUD REPRESENTATIVE OF THE EAST SHORE OF STATEN ISLAND, AND OF

COURSE, OF THE GREAT BAY RIDGE, BROOKLYN. AND TODAY I AM HONORED TO

WELCOME TO THE FLOOR OF THE ASSEMBLY THE BROOKLYN BLACKSMITHS.

THEY ARE 12 STUDENTS FROM XAVERIAN HIGH SCHOOL IN BAY RIDGE,

BROOKLYN. THEY ARE THE FIRST ROBOTICS COMPETITION TEAM, AND THEY WERE

UP HERE TODAY FOR THE COMPETITION AND TO SHOW OFF WHAT THEY HAVE

LEARNED AS PART OF THAT ROBOTICS TEAM.

SO PLEASE, I ASK YOU TO EXTEND THE CORDIALITIES OF THE

HOUSE AND WELCOME THEM TO THE ASSEMBLY FLOOR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. TANNOUSIS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE, THIS GREAT TEAM, TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON THE WORK THAT

YOU'VE DONE. I SPENT A LITTLE TIME WITH YOU ON THE WAY UP HERE AND

UNDERSTAND HOW GREAT THE ROBOT IS THAT YOU BUILT. CONTINUE THAT GREAT

WORK, KNOW THAT YOUR TEAMWORK AND INVOLVEMENT WILL MAKE THIS A

BETTER STATE, COUNTRY AND WORLD. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. BROOK-KRASNY.

MR. BROOK-KRASNY: YES, SIR. LET ME START BY --

EVEN THOUGH OUR ESTEEMED GUEST THE IMAM IS NOT HERE ANYMORE -- LET

ME START BY RESPONDING TO HIM AND SAYING TO YOU, TO ALL MY COLLEAGUES

AND TO ALL GUESTS, (SPEAKING FOREIGN LANGUAGE).

MR. SPEAKER, WE LIVE IN A TIME NOW WHEN THE

NYS ASSEMBLY MAY 21, 2024

GOVERNMENT MUST WORK VIGOROUSLY TO ADDRESS THE NEEDS OF UNDERSERVED

COMMUNITIES. I WAS SHOCKED RECENTLY TO FIND THERE IS ONE COMMUNITY

OF NEW YORKERS THAT HAS BEEN ALMOST COMPLETELY IGNORED, AND THAT IS

THE DEAF COMMUNITY. SO I RISE TO INTRODUCE A GREAT ORGANIZATION,

UNITED HANDS ORGANIZATION. WE HAVE HERE MR. GARY FARBEROV, RIGHT

NEXT TO ME; THE LEADERSHIP TOGETHER WITH VADIM AGAFONOV; AND WE

HAVE MARINA FANSHTEYN, LINDA CUMMINGS, IZUMARY RODRIGUEZ,

ADRIENNE HALL, REPRESENTING THIS GREAT ORGANIZATION. AND WE'RE VERY

GRATEFUL TO THE INTERPRETER, SABRINA SIGA [PHONETIC].

DEAF PEOPLE, MR. SPEAKER, ARE MET WITH A DISTURBING

NUMBER OF BARRIERS WHEN THEY'RE ENGAGING IN ONE OF THE MOST BASIC AND

VITAL PARTS OF CIVIC LIFE, VOTING. WITH NO ASL INTERPRETERS TO GUIDE

THEM AND POLLING SITE STAFF NOT TRAINED TO COMMUNICATE WITH THE DEAF,

THEY'RE LEFT UNABLE TO PARTICIPATE IN THE ELECTORAL PROCESS. ALMOST

COMPLETELY. IT'S EMBARRASSING THAT WE, AS A COUNTRY, DO NOT EVEN

COLLECT PROPER DATA TO ASSESS THE DEAF COMMUNITY NEEDS. ALSO, THE

CENSUS BUREAU GATHERS NUMBERS RELATED TO HEARING DIFFICULTY. IT IS

PRESENTED IN LIMITED REPORTS LIKE THE AMERICAN COMMUNITY SURVEY.

WITHOUT THE PROPER INFORMATION AVAILABLE, IT'S ALMOST IMPOSSIBLE TO

DETERMINE WHERE WE CAN BEST HELP THIS COMMUNITY. INADEQUACY OF

GOVERNMENT ACTION IN CREATING SOLUTIONS FOR THE DEAF COMMUNITY IS

APPARENT IN EVERYTHING FROM THE LACK OF ACCESSIBILITY IN AREAS SUCH AS

INSTALLATION OF VISUAL ALARM SYSTEMS TO THE HIGHER UNEMPLOYMENT RATE,

MUCH HIGHER, EXPERIENCED BY DEAF INDIVIDUALS. OUR RECENT BUDGET CUTS

HAVE ONLY SERVED TO WORSEN THE PROBLEM, AS IT IS NOW MORE DIFFICULT TO

NYS ASSEMBLY MAY 21, 2024

RECEIVE HELP FROM HOME ATTENDANTS WHO ARE TRAINED TO WORK WITH THE

DEAF.

THE NEGLIGENCE ON OUR PART MUST END TODAY. RIGHT

NOW I'M DRAFTING LEGISLATION TO REQUIRE VITAL SERVICES AND INSTITUTIONS

LIKE MEDICAL FACILITIES SCHOOLS, COURTS AND POLLING SITES TO PROVIDE

NECESSARY ACCESSIBILITY FEATURES SO DEAF NEW YORKERS CAN

COMMUNICATE WITH PERSONNEL VIA WITH AN ASL INTERPRETER. THERE IS

MUCH MORE WORK TO BE DONE ON THIS ISSUE, MR. SPEAKER. THE WORK TO

ENSURE THE DEAF COMMUNITY HAS THE RESOURCES IT NEEDS HAS JUST BEGIN.

NOW, MR. SPEAKER, I'M GOING TO ASK YOU WHAT YOU DO

THE BEST, AND WHAT WE'RE GONNA BE MISSING NEXT YEAR, BUT MR. SPEAKER,

NEVER SAY NEVER. I HAVE RETIRED ONCE.

(LAUGHTER)

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BROOK-KRASNY, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

THESE DISTINGUISHED CITIZENS, MEMBER OF OUR COMMUNITY, HERE TO THE

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

FLOOR, AND OUR SUPPORT AND HELP IN MAKING THE WORLD A BETTER PLACE FOR

YOU AND ALL THOSE THAT FOLLOW YOU. THANK YOU SO VERY MUCH FOR BEING

HERE.

(APPLAUSE)

MS. JEAN-PIERRE FOR THE PURPOSES OF A INTRODUCTION.

MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER. IT'S

STEAM DAY. I'D LIKE TO INTRODUCE TEAM 553, THE PSICOTICS FROM

LINDENHURST, AN AFTER-SCHOOL CO-CURRICULUM ROBOTICS PROGRAM AT

NYS ASSEMBLY MAY 21, 2024

LINDENHURST SENIOR HIGH SCHOOL IN MY DISTRICT. AND AS WE CELEBRATE

NATIONAL STEAM DAY IT IS FITTING TO RECOGNIZE THESE STUDENTS WHO

EMBODY THE SPIRIT OF CREATIVITY AND THE SCIENCES THROUGH THEIR

DEDICATION TO ROBOTICS. THEY WERE ORIGINALLY KNOWN AS THE OMEGA

PROJECT AND GOT ITS START IN 2001 WITH JUST SIX STUDENTS, AN ADVISOR, AND

TWO MENTORS. AFTER WINNING THEIR FIRST COMPETITION, THE PSICOTICS, NOW

IN THEIR 24TH SEASON, THEY ARE WELCOMING OVER 30 MEMBERS, TWO

ADVISORS AND SIX MENTORS. OVER -- THE TEAM HAS BUILT 22 ROBOTS, HAVE

HAD TWO REGIONAL WINNERS, REG -- WERE REGIONAL FINALISTS THREE TIMES,

ATTENDED SEVEN CHAMPIONSHIP -- CHAMPIONSHIPS AND HAVE WON OVER 20

AWARDS. FOR THAT, THEY NEED TO BE RECOGNIZED. I WOULD LIKE TO ALSO

RECOGNIZE THEIR ADVISOR AND LEAD MENTOR, DIANE CAHILL; ANTHONY

CASTELLO, A MENTOR AND PRESIDENT OF THE LINDENHURST ROBOTICS

COALITION. AND TO THE STUDENTS, CARYS, SARAH, ELANA, BEN, ALEX,

ANTHONY, CONNOR, I WANT TO SAY THANK YOU FOR COMING TO ALBANY, KEEP

DREAMING BIG, PUSHING THE BOUNDARIES OF YOUR IMAGINATION. YOUR

CURIOSITY AND DETERMINATION ARE DRIVING FORCES THAT WILL SHAPE THE

FUTURE. YOU HAVE MADE US ALL PROUD, AND I LOOK FORWARD TO SEEING

WHAT YOU CAN ACCOMPLISH NEXT.

AND WITH THAT, MR. SPEAKER, I ASK THAT YOU GIVE THEM

ALL THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. JEAN-PIERRE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

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

THE FLOOR. OUR THANKS FOR JOINING US TODAY. OUR CONGRATULATIONS FOR THE

NYS ASSEMBLY MAY 21, 2024

WORK THAT YOU'VE DONE HISTORICALLY AND NOW, AND WE LOOK FORWARD TO

THE WORK THAT YOU WILL DO IN THE FUTURE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. TAPIA FOR THE PURPOSES OF AN INTRODUCTION.

MS. TAPIA: THANK YOU, MR. SPEAKER, FOR GIVING ME

THE OPPORTUNITY TO DO THIS INTRODUCTION. I RISE TODAY TO INTRODUCE

WANDA SANCHEZ AND THE PREMIOS SOBERANOS TEAM AND COMMEND THEM

FOR THEIR CONTRIBUTIONS TO THE STATE OF NEW YORK. THIS -- WE DID A

RESOLUTION THAT PASSED SEVERAL WEEKS AGO RECOGNIZING ACROARTE, BUT

THEY COULDN'T BE HERE AT THAT TIME, SO THEY'RE HERE TODAY. MS. SANCHEZ

IS THE PRESIDENT OF ACROARTE, WHICH WAS PUT ON THE PREMIOS SOBERANOS

SINCE 1985. SINCE ITS INCEPTIONS [SIC], PREMIOS SOBERANOS HAS

CELEBRATED ITS FOUNDING THROUGH A HISTORIC COLLABORATION WITH

UNIVISION, NEW YORK WHICH HAS ALLOWED THE HISPANIC COMMUNITY TO

ENGAGE WITH THIS CEREMONY. I COMMEND MS. SANCHEZ FOR HER

LEADERSHIP AND FORESIGHT, ALONG WITH THE PREMIOS SOBERANOS TEAM FOR

SHOWCASING THIS AMAZING EVENT AND PROMOTING DOMINICAN CULTURE,

BOTH THROUGHOUT NEW YORK STATE AND WORLDWIDE. WE ALSO ARE ABLE TO

RECOGNIZE THE IMPACT THAT PREMIOS SOBERANOS HAS BY RENAMING A STREET

IN WASHINGTON HEIGHTS IN NEW YORK CITY AS PREMIOS SOBERANOS WAY

EARLIER THIS YEAR. WITH WANDA SANCHEZ, ACCOMPANYING HER WE HAVE

MARIVEL CONTRERAS [PHONETIC], MAXIMO JIMINEZ [PHONETIC], LISETTE

MONTOLEO [PHONETIC], RAYMOND ABAT [PHONETIC] AND OHE�O PEREZ

[PHONETIC].

PLEASE, MR. SPEAKER, SHOW THE CORDIALITIES OF THE

NYS ASSEMBLY MAY 21, 2024

HOUSE AND WELCOME THIS GROUP OF GREAT PEOPLE THAT COMING TO

CELEBRATE DOMINICAN CULTURE TODAY.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

TO THE NEW YORK STATE ASSEMBLY. MADAM PRESIDENT, WE WELCOME YOU

AND CONGRATULATE YOU ON THE WORK THAT YOU'RE DOING AND YOUR MEMBERS.

PLEASE KNOW THAT WE APPRECIATE YOU AND WE ARE SUPPORTIVE OF YOUR

WORK. PLEASE CONTINUE TO COME AND JOIN US AND COLLABORATE WITH US SO

THAT MAY MAKE BOTH YOUR COMMUNITY STRONGER AND THE ENTIRE STATE

STRONGER. THANK YOU SO VERY MUCH, GRACIAS.

(APPLAUSE)

MS. REYES FOR THE PURPOSES OF A INTRODUCTION.

MS. REYES: THANK YOU, MR. SPEAKER. I WANT TO

TAKE THIS OPPORTUNITY TO INTRODUCE JULES NETHERLAND. JULES NETHERLAND

IS A BRONX RESIDENT WHO IS LIVING WITH STAGE 4 METASTATIC CANCER. SHE

WAS TOLD BY HER ONCOLOGIST IN JANUARY OF 2023 THAT THE AVERAGE LIFE

EXPECTANCY FOR SOMEONE WITH HER KIND OF CANCER IS FIVE TO SEVEN YEARS.

THOUGH THE RANGE IS VERY BROAD, LESS THAN 30 PERCENT OF PEOPLE WITH

METASTATIC BREAST CANCER SURVIVE FIVE YEARS.

MISS NETHERLAND'S ENTIRE CAREER HAS BEEN ONE OF

SERVICE, HAVING ONLY WORKED AT NON-PROFIT OR PUBLIC SECTOR POSITIONS.

HER FIRST JOB WAS LIVING AND WORKING IN A COMMUNITY CITY OF FRAN --

FRANCISCAN MONKS IN THE SOUP KITCHEN IN PHILLY. MISS NETHERLAND HAS

SPENT SEVEN YEARS WORKING IN LGBTQ AND HIV RIGHTS ORGANIZING,

INCLUDING WORKING ON THE FIRST CIVIL UNION CASE IN VERMONT. SHE HAS

NYS ASSEMBLY MAY 21, 2024

SPENT MORE THAN A DECADE DOING HEALTH SERVICE RESEARCH TO HELP PEOPLE

LIVING WITH HIV/AIDS AND STRUGGLING WITH SUBSTANCE USE DISORDER. FOR

THE LAST 15 YEARS, MISS NETHERLAND HAS BEEN DOING POLICY, ADVOCACY

AND RESEARCH WORK, FIRST AT THE NEW YORK ACADEMY OF MEDICINE AND

THEN AT THE DRUG POLICY ALLIANCE. OVER THESE YEARS, SHE HAS WORKED TO

REFORM THE ROCKEFELLER DRUG LAWS. SHE RAN THE MEDICAL MARIHUANA

CAMPAIGN THAT LED TO THE PASSAGE OF THE COMPASSIONATE CARE ACT IN

2014. WAS ONE OF THE FOUNDING MEMBERS OF AN ADVOCACY GROUP THAT

LAID THE GROUNDWORK FOR THE COUNTRY'S FIRST AND, TO DATE, ONLY OVERDOSE

PREVENTION CENTER AND LED MANY OTHER CAMPAIGNS ON DRUG POLICY

REFORM. JULES NETHERLAND IS ALSO THE AUTHOR OF MORE THAN 20

PEER-REVIEWED ARTICLES AND BOOK CHAPTERS ON A RANGE OF PUBLIC HEALTH

ISSUES SUCH AS HIV/AIDS AND DRUG POLICY. SHE IS ALSO THE EDITOR OF A

BOOK CALLED CRITICAL PERSPECTIVES ON ADDICTION, AND CO-AUTHOR OF THE

2023 AWARD-WINNING BOOK CALLED WHITE OUT: HOW RACIAL CAPITALISM

CHANGED THE COLOR OF OPIOIDS IN AMERICA. JULES NETHERLAND IS ALSO A

PROUD RESIDENT OF THE SOUTH BRONX WHERE SHE LIVES WITH HER BELOVED

PARTNER, AMY. SHE IS AN AVID MOTORCYCLIST, NATURE LOVER AND

CHURCHGOER WHO PREVIOUSLY SERVED AS A DEACON AND LAY PREACHER IN THE

PAST.

MR. SPEAKER, PLEASE WELCOME OUR CONSTITUENT FROM

THE BRONX, JULES NETHERLAND, AND EXTEND TO HER THE CORDIALITIES OF THE

HOUSE.

(APPLAUSE)

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

NYS ASSEMBLY MAY 21, 2024

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

TO THE NEW YORK STATE ASSEMBLY. WE'RE IN AWE OF THE CAREER THAT

YOU'VE ALREADY HAD AND ALL THE CONTRIBUTIONS YOU HAVE MADE TO THE

STATE AND THE WORLD. CONTINUE THAT GREAT WORK, AND KNOW YOU ARE

ALWAYS WELCOME HERE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. BICHOTTE HERMELYN FOR THE PURPOSES OF A

INTRODUCTION.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO MAKE THIS INTRODUCTION. TODAY I AM

THRILLED AND HONORED TO INTRODUCE DURING AAPI HERITAGE MONTH MY

FRIENDS AND ASIAN AMERICAN BROOKLYN LEADERS WHO ARE HERE FOR THE

FIRST TIME IN THE STATE CAPITOL VISITING US IN THE PEOPLE'S HOUSE AS

HONOREES, TONY KO AND JOYCE XIE. BOTH TONY AND JOYCE ARE POISED TO

BE THE FIRST ASIAN AMERICAN STATE COMMITTEE MEMBERS IN SOUTH

BROOKLYN IN THE 49TH ASSEMBLY DISTRICT, ENCOMPASSING BENSONHURST,

DYKER HEIGHTS, SUNSET PARK, BOROUGH PARK, AND AN AREA WITH THE

FASTEST-GROWING ASIAN POPULATION IN OUR BOROUGH, ALSO KNOWN AS

BROOKLYN'S CHINATOWN.

TONY KO IS A DEVOTED ADVOCATE FOR HIS COMMUNITY

AND HAS OVERCOME PERSONAL ADVERSITY TO PURSUE A CAREER IN PUBLIC

SERVICE. IMMIGRATING FROM CHINA AT A YOUNG AGE, TONY'S RESILIENCE

WAS TESTED WHEN HE SURVIVED A SEVERE CAR ACCIDENT IN CHINATOWN, NEW

YORK CITY. FOLLOWING HIS RECOVERY, TONY'S FAMILY MOVED TO SOUTH

BROOKLYN WHERE HIS COMMITMENT TO COMMUNITY SERVICE FLOURISHED. AS

NYS ASSEMBLY MAY 21, 2024

A PARENT AND ACTIVE MEMBER OF VARIOUS COMMUNITY ASSOCIATIONS, TONY

UNDERSTANDS THE CHALLENGES FACED BY THE RESIDENTS OF THE 49TH

ASSEMBLY DISTRICT. TONY'S VOLUNTEER WORK IS EXTENSIVE, INCLUDING AT

SENIOR CENTERS IN COLLABORATION WITH THE NEW YORK POLICE DEPARTMENT

AS HE ENHANCES COMMUNITY SAFETY AND QUALITY OF LIFE. TONY CONTINUES

TO BE AN ADVOCATE AND EMPOWER AND UPLIFT HIS NEIGHBORHOOD. HE'S

DEEP-ROOTED, CONNECTED AND UNWAVERING COMMITMENT TO PUBLIC

SERVICE.

JOYCE XIE, ORIGINALLY FROM FUJIAN PROVINCE, CHINA,

HAS BECOME A DEDICATED ADVOCATE FOR HER COMMUNITY IN BROOKLYN AFTER

IMMIGRATING TO THE UNITED STATES AT 18 YEARS OLD. SHE WORKED IN

VARIOUS INDUSTRIES BEFORE FINDING HER PASSION IN THE FINANCIAL SERVICES,

ASSISTING WORKING-CLASS IMMIGRANT FAMILIES. A MOTHER OF THREE, JOYCE

IS DEEPLY INVOLVED IN EDUCATION ADVOCACY, CIVIC ENGAGEMENT, SERVING

ON THE COMMUNITY EDUCATION COUNCIL FOR DISTRICT 20, AND WORKING

WITH THE U.S. CENSUS AND NEW YORK STATE BOARD OF ELECTIONS WITH HER

COMMITMENT INDIVIDUALIZING EDUCATION, FAIR ELECTION AND PUBLIC SAFETY.

JOYCE SERVES THE ASSEMBLY 49TH IN ADDRESSING COMMUNITY CONCERN.

MR. SPEAKER, PLEASE JOIN ME IN WELCOMING THESE

EXEMPLARY COMMUNITY ADVOCATES, TONY KO AND JOYCE XIE IN THE

PEOPLE'S HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. BICHOTTE HERMELYN, THE SPEAKER AND ALL THE MEMBERS, JOYCE

AND TONY, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY AND

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE

NYS ASSEMBLY MAY 21, 2024

VOLUNTEERING TO PUT YOURSELF IN THE PLACE OF SERVING YOUR COMMUNITIES.

CONTINUE THAT, AND WE HOPE THAT YOU'RE SUCCESSFUL AND HAVE GREAT LIVES.

THANK YOU VERY MUCH.

(APPLAUSE)

MS. SEAWRIGHT FOR THE PURPOSES OF A INTRODUCTION.

MS. SEAWRIGHT: THANK YOU, MR. SPEAKER. ON

BEHALF OF ASSEMBLYMAN ALEX BORES, ASSEMBLYMAN HARVEY EPSTEIN

AND MYSELF, I RISE TO INTRODUCE A SPECIAL GUEST AND HER DAUGHTER FARAH

[SIC] HUSAIN, ALONG WITH MUBEEN SIDDIQUI. SAHAR HUSAIN IS THE PROUD

MOTHER OF TWO TEENAGERS. SHE'S THE CO-FOUNDER OF MUSLIM VOLUNTEERS

FOR NEW YORK THAT SHE STARTED NINE YEARS AGO. IT FOCUSES ON HUNGER,

POVERTY ALLEVIATION, ENVIRONMENTAL STEWARDSHIP, EDUCATION AND HEALTH.

SHE WORKS ON DEVELOPING NEW INITIATIVES WITH ELECTED OFFICIALS,

SCHOOLS, COLLEGES, COMMUNITY BOARDS. AND TODAY SHE WAS THE RECIPIENT

OF AN AWARD, NOMINATED BY ASSEMBLYMAN ALEX BORES, AND NUMEROUS

OTHER AWARDS INCLUDING HONORTOWN NEWS THANK YOU AWARD. MUSLIM

VOLUNTEERS FOR NEW YORK IS THE OFFICIAL STEWARD OF RUPPERT PARK AND

RECEIVED THE IT'S MY PARK AWARD FROM THE CITY PARKS FOUNDATION.

SAHAR IS A BOARD MEMBER OF COMMUNITY BOARD 8, CO-CHAIR OF THE

ENVIRONMENT AND SANITATION COMMITTEE.

MR. SPEAKER, IF YOU COULD PLEASE GRANT ALL OF THEM THE

CORDIALITIES OF THE FLOOR. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. SEAWRIGHT, MR. BORES, THE SPEAKER AND ALL THE MEMBERS, LADIES,

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

NYS ASSEMBLY MAY 21, 2024

THE PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON THE WORK THAT

YOU'RE DOING TO REPRESENT YOUR COMMUNITY, IMPROVE YOUR COMMUNITY

AND MAKE THE CITY AND STATE OF NEW YORK A BETTER PLACE. THANK YOU,

AND CONTINUE THAT GREAT WORK.

(APPLAUSE)

MR. ANDERSON.

MR. ANDERSON: THANK YOU, MR. SPEAKER. I RISE

-- THANK YOU FOR ALLOWING ME TO RISE TO MAKE A BRIEF INTRODUCTION OF THE

STUDENTS, THE AMAZING STUDENTS OF MY ALMA MATER, PS/MS 43 IN FAR

ROCKAWAY, QUEENS. THE SCHOOL ITSELF IS LOCATED IN THE 23RD ASSEMBLY

DISTRICT, BUT I PROUDLY GRADUATED FROM THIS MIDDLE SCHOOL IN 2010 AND

I'M REALLY EXCITED TO INVITE THEM UP HERE TO ALBANY. THESE ARE SOME

AMAZING STUDENTS WHO ARE HARD AT WORK AND DOING WELL IN THEIR CLASSES,

AND I WANTED TO BRING THEM UP HERE TODAY TO ALBANY TO EXPLORE, TO

UNDERSTAND HOW GOVERNMENT WORKS, BUT MOST IMPORTANTLY, LOOK AT

CAREER ALTERNATIVES AND OPPORTUNITIES FOR THEMSELVES.

SO MR. SPEAKER, CAN YOU PLEASE GRANT THE CORDIALITIES

OF THE FLOOR OF THE PEOPLE'S HOUSE TO THE AMAZING STUDENTS FROM THE

MS/PS [SIC] 43, THE SCHOOL BY THE SEA.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. ANDERSON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME ALL OF

THESE GREAT STUDENTS HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. HOPE THAT YOU ARE INSPIRED WHEN YOU

VISIT THIS STATE CAPITOL, AND KNOW THAT THERE'S A PLACE FOR YOU. IF THERE'S

A PLACE FOR MR. ANDERSON, THERE'S A PLACE FOR YOU. WELCOME TO THE

NYS ASSEMBLY MAY 21, 2024

NEW YORK STATE ASSEMBLY.

(APPLAUSE)

LET'S GO TO PAGE 29, CALENDAR NO. 363, THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. 860, CALENDAR NO. 363,

GIBBS, SIMON, TAYLOR, SAYEGH, NOVAKHOV, CUNNINGHAM. AN ACT TO

AMEND THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO THE

AUTHORIZATION OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO GIVE A

PREFERENCE TO ANY TOURIST PROMOTION AGENCY THAT IS PROMOTING THE SPORT

OF STICKBALL.

ACTING SPEAKER AUBRY: ONE MINUTE. IS THAT

AN EXPLANATION YOU ASKED FOR, MR. GOODELL? I'M SORRY, IT'S A LITTLE

NOISY.

AN EXPLANATION HAS BEEN REQUESTED, MR. GIBBS.

ONE MINUTE, THOUGH. LET -- LET THE CROWD MOVE. WE

CLOSE THOSE DOORS. WE ARE, MEMBERS, ON DEBATE. WE KNOW THE RULES.

YOU BE QUIET, THEY TALK.

(PAUSE)

NOT QUITE YET. WAIT UNTIL THOSE DOORS CLOSE.

PROCEED, MR. GIBBS.

MR. GIBBS: THANK YOU, MR. SPEAKER. THIS BILL WILL

AUTHORIZE THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO GIVE A

PREFERENCE TO ANY TOURIST PROMOTION AGENCY THAT IS PROMOTING THE SPORT

OF STICKBALL.

ACTING SPEAKER AUBRY: MR. GOODELL.

NYS ASSEMBLY MAY 21, 2024

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

YIELD?

ACTING SPEAKER AUBRY: MR. GIBBS, WILL YOU

YIELD?

MR. GIBBS: YES, SIR.

MR. GOODELL: THANK YOU VERY MUCH, MR. GIBBS.

MR. GIBBS: I'LL BE HONORED, MR. GOODELL.

MR. GOODELL: UNDER THE CURRENT LAW, IS THERE

ANYTHING THAT PREVENTS ECONOMIC DEVELOPMENT FUNDS TO BE USED TO

ORGANIZATIONS THAT PROMOTE THE SPORT OF STICKBALL?

MR. GIBBS: NO, NOT UNDER CURRENT LAW, SIR.

MR. GOODELL: SO UNDER CURRENT LAW, THEY ARE

ALREADY ELIGIBLE?

(PROTESTERS CHANTING)

(PAUSE)

ACTING SPEAKER AUBRY: ALL RIGHT. WE CAN

SETTLE DOWN. PLEASE TAKE YOUR SEATS. PLEASE. IT'S ALL RIGHT.

AND WE ARE BACK TO DEBATE. MR. GOODELL, DID YOU ASK

A QUESTION?

MR. GOODELL: THANK YOU, SIR. WERE THEY SAYING,

"STOP THE SUFFERING, LET'S GO BILLS"?

ACTING SPEAKER AUBRY: I THINK THEY WERE

CHEERING FOR YOUR PERFORMANCE, SIR.

(LAUGHTER)

MR. GOODELL: THERE'S NO SUFFERING ASSOCIATED

NYS ASSEMBLY MAY 21, 2024

WITH STICKBALL, RIGHT?

MR. GIBBS: I CAN ASSURE YOU THERE'S NO SUFFERING

WITH STICKBALL, MEMBER GOODELL.

MR. GOODELL: THANK YOU. I WAS -- I WAS GETTING

WORRIED. ALTHOUGH IT'S NOT A SURPRISE THAT YOU HAVE A VERY ACTIVE,

ENGAGED FAN CLUB URGING US TO PASS YOUR BILL.

MR. GIBBS: I BELIEVE SO. COMPASSION AND CHOICES,

RIGHT?

MR. GOODELL: SO WHERE WE LEFT OFF IS YOU HAD

CONFIRMED THAT THERE'S NO REASON WHY ORGANIZATIONS THAT PROMOTE

STICKBALL AREN'T INCLUDED UNDER CURRENT LAW. YOUR PROPOSED

AMENDMENT IN THIS BILL WOULD GIVE IT A PREFERENCE. IS THAT A PREFERENCE

OVER EVERY OTHER TOURISM PROMOTION AGENCY ACROSS THE STATE?

MR. GIBBS: IT IS A PREFERENCE, SIR.

MR. GOODELL: AND WHY WOULD WE WANT TO GIVE

THE SPORT OF STICKBALL A PREFERENCE, FOR EXAMPLE, OVER PROMOTING

NIAGARA FALLS OR ANY OF OUR PARKS OR THE ADIRONDACK PARK OR THE CITY

OF BUFFALO WITH ITS CULTURAL -- OR THE CITY OF NEW YORK, FOR THAT MATTER,

FOR ITS CULTURAL ATTRACTIONS? WHY SHOULD STICKBALL HAVE A PREFERENCE

OVER EVERY OTHER TOURISM OPPORTUNITY IN THE STATE OF NEW YORK?

MR. GIBBS: GOOD QUESTION. THIS BILL WOULD REQUIRE

THAT AS THE DEPARTMENT ENCOURAGES PROGRAMS TO PROMOTE AND INCREASE

TOURIST TRAVEL, TOURIST PROGRAMS THAT PROMOTE THE SPORT OF STICKBALL

WOULD, IN A VACUUM, BE VIEWED MORE FAVORABLY THAN AN OTHERWISE

IDENTICAL PROGRAM THAT DOES NOT PROMOTE STICKBALL. THIS BILL WOULD NOT

NYS ASSEMBLY MAY 21, 2024

REQUIRE THAT PROMOTION OF STICKBALL WOULD BE A SOLE DETERMINE --

DETERMINATIVE FACTOR; ULTIMATELY, THE DEPARTMENT IN EFFECTUATING THIS

LAW WOULD DECIDE HOW MUCH WEIGHT TO GIVE PROMOTION OF STICKBALL AND

ANY ANALYSIS OF WHICH PROGRAMS TO SUPPORT.

MR. GOODELL: OF COURSE THE ENTIRE PURPOSE OF THIS

SECTION OF THE LAW IS TO PROMOTE AND INCREASE TOURISM, TRAVEL, RESORT,

VACATION, CULTURAL AND CONVENTION ACTIVITIES. IS THE SPORT OF STICKBALL A

SPORT THAT IS A SPECTATOR SPORT THAT INCREASES TOURISM, TRAVEL, RESORT,

VACATION, CULTURAL OR CONVENTION ACTIVITIES WITHIN THE STATE?

MR. GIBBS: YES. LIKE MY STATE SENATOR JOSE

SERRANO WOULD SAY, STICKBALL IS THE PRIDE OF EL BARRIO, AND YES, IT

WOULD.

MR. GOODELL: THANK YOU VERY MUCH FOR YOUR

COMMENTS, SIR.

MR. GIBBS: THANK YOU, MR. GOODELL.

MR. GOODELL: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I FULLY SUPPORT MY COLLEAGUE'S

DESIRE TO PROVIDE FUNDING TO TOURISM PROMOTION AGENCIES THAT INCLUDE,

AMONGST OTHER THINGS, STICKBALL. AND STICKBALL IS A REALLY COOL SPORT

AND IT'S A LOT OF FUN, AND CERTAINLY IN PARTS OF OUR STATE IT'S A VERY

POPULAR SPORT. MY CONCERN, HOWEVER, IS THAT THE STATUTORY LANGUAGE

THAT WE'RE ACTUALLY VOTING ON GIVES TOURISM AGENCIES THAT PROMOTE

STICKBALL A PREFERENCE OVER EVERY OTHER AGENCY IN THE STATE OF NEW

NYS ASSEMBLY MAY 21, 2024

YORK. THAT'S WHAT IT SAYS, SHALL GIVE A PREFERENCE TO ANY TOURISM

PROMOTION AGENCY THAT'S PROMOTING STICKBALL. SO THAT MEANS IF THEY'RE

NOW -- THAT MEANS EVERY OTHER TOURISM AGENCY ACROSS THE STATE OF NEW

YORK NOW IS SUBJECT TO HAVING SOMEONE ELSE HAVE A STATUTORY

PREFERENCE. FOR THIS REASON, THE NEW YORK STATE HOSPITALITY AND

TOURISM ASSOCIATION IS OPPOSED TO THIS BILL, AND THEY POINT OUT THAT THE

FUND THAT IS AVAILABLE FOR TOURISM PROMOTION, QUOTE, "IS A VERY LIMITED

POT OF MONEY THAT'S CUT EVERY YEAR BY THE GOVERNOR." THEY POINT OUT

COMPLIMENTING US IN THE ASSEMBLY, THAT THEY WORK VERY HARD WITH OUR

FRIENDS IN THE ASSEMBLY TO RESTORE THIS FUNDING. BUT WHEN YOU MAKE A

PARTICULAR SPORT A PREFERENCE OVER EVERYTHING ELSE, IT HURTS ALL OF OUR

OTHER VALUABLE TOURISM OPERATIONS ACROSS THE STATE.

AND FOR THAT REASON, WHILE I CERTAINLY APPRECIATE THE

SPORT OF STICK -- STICKBALL, I WOULD RECOGNIZE THAT IT IS CURRENTLY

INCLUDED IN THE CURRENT LAW AND WE DO NOT NEED TO GIVE IT A PREFERENCE

OVER ALL OTHER TOURISM ACTIVITIES, AND FOR THAT REASON I WON'T BE ABLE TO

SUPPORT IT. THANK YOU, SIR, AND AGAIN, THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I THINK I DO UNDERSTAND -- FIRST I WANT TO COMMEND THE

SPONSOR OF THIS LEGISLATION. GENERALLY, PEOPLE IN MOST COMMUNITIES

DON'T UNDERSTAND THAT THERE ARE SOME CULTURES THAT THINK VERY FONDLY

AND PLAY IT OFTEN AND TRAVEL AMONGST THEMSELVES AMONGST NOT JUST THEIR

COMMUNITIES, BUT ENTER MUNICIPALITIES TO COMPETE IN STICKBALL. AND

SOMETIMES WHEN THINGS ARE SO IMPORTANT TO PEOPLE, I THINK IT'S

NYS ASSEMBLY MAY 21, 2024

IMPORTANT AS A STATE THAT WE HIGHLIGHT THAT WE UNDERSTAND THAT IT'S

IMPORTANT TO YOU. WE WANT IT TO BE IMPORTANT TO OTHERS. AND WE

SHOULD USE OUR RESOURCES TO MAKE SURE THAT THE PEOPLE IN NEW JERSEY

AND OHIO AND MINNESOTA UNDERSTAND THAT WE PLAY STICKBALL HERE. YOU

WANT TO COMPETE, COME TO NEW YORK, YOU'D BE WELCOME HERE. AND ON

THE OTHER HAND, MR. SPEAKER, I WILL SAY THAT IN YEARS PAST, WAY BEFORE

YOU OR I, NIAGARA FALLS WAS GIVEN PREFERENCE TO BE HIGH ON THE LIST OF

TOURISM IN THE STATE OF NEW YORK, AS WAS THE ANDERONDACKS [SIC] AND

AS WERE A NUMBER OF OTHER PLACES IN THE GREAT STATE OF NEW YORK

BECAUSE WE DO HAVE A HUGE OPPORTUNITY FOR TOURISM TO -- PEOPLE TO

COME HERE AND ENJOY THEMSELVES. AND SO I THINK THAT ADDING STICKBALL,

MUCH LIKE A COUPLE YEARS AGO WE ADDED CRICKET, YOU CAN PROBABLY HEAR

CRICKETS THINKING ABOUT THE AMOUNT OF MONEY THAT CRICKET HAS GOTTEN

FOR ITS TOURISM ADVERTISEMENT SINCE IT'S BEEN ENACTED. BUT I DO BELIEVE

THAT AT SOME POINT THESE THINGS ARE GONNA BE -- BECOME MORE AND MORE

IMPORTANT TO PEOPLE, AND I THINK IT'S SMART OF US AS THE EMPIRE STATE TO

BE AHEAD OF THE GAME AND NOT AFTER THE GAME.

LAST THING I'LL SAY, AT SOME POINT SOMEBODY WILL BE

INTRODUCING SOMETHING THAT TALKS ABOUT PICKLEBALL BECAUSE, AS YOU

KNOW, IT IS INCREASING IN ITS PROMINENCE IN PEOPLE'S LIVES AND PEOPLE

ARE SETTING UP CRICKET [SIC] BALL LOCATIONS ALL OVER NOT JUST THE COUNTRY,

BUT THE STATE OF NEW YORK AS WELL.

SO AGAIN, LET ME COMMEND THE SPONSOR ON THIS AND LET

ME JUST SAY TO THE VISITORS AND TOURISM BOARD WHO WILL SEND OUT A

NEGATIVE OPPOSITION THAT I ASSURE YOU THAT THIS WILL NOT IMPACT YOUR

NYS ASSEMBLY MAY 21, 2024

BUDGET IN A WAY THAT WILL BE NEGATIVE TO NIAGARA FALLS OR JAMESTOWN OR

ANY OTHER TOURIST ACTIVITY THAT OPERATES WITHIN THE STATE OF NEW YORK.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

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. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS STATUTORY PREFERENCE, BUT THOSE

WHO SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE YES ON THE FLOOR.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

THIS PIECE OF LEGISLATION, PERIOD. IN FAVOR.

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. AS MY COLLEAGUE

NOTED, A COUPLE YEARS AGO WE AMENDED THIS LAW TO GIVE A PREFERENCE TO

NYS ASSEMBLY MAY 21, 2024

CRICKET. THAT WAS TWO YEARS AGO, AND THIS IS WHAT THE NEW YORK STATE

HOSPITALITY AND TOURISM ASSOCIATION'S OBSERVATIONS WERE WITH REGARD

TO THAT, AND WHAT THEY WROTE IS, QUOTE -- THE PROMOTION OF STICKBALL,

QUOTE,"... WAS DONE TWO YEARS AGO FOR THE SPORT OF CRICKET AND CREATED

ENORMOUS PROBLEMS FOR US AS IT FURTHER LIMITED THIS VERY IMPORTANT

FUNDING." AND SO WE NEED TO BE MINDFUL THAT WHILE WE ACT, SOMETIMES

THERE ARE TREMENDOUS UNINTENDED CONSEQUENCES. AND SO WHILE I ENJOY

STICKBALL, I LIKE THE SPORT, I HAVE TO AGREE WITH THE EXPERTS IN THE FIELD,

THE NEW YORK STATE HOSPITALITY AND TOURISM ASSOCIATION, THAT THIS --

WE SHOULD NOT BE GIVING PREFERENCES TO ANY PARTICULAR SPORT.

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 33, CALENDAR NO. 425, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06026, CALENDAR NO.

425, CUNNINGHAM, BEEPHAN, DICKENS, ZEBROWSKI, TAYLOR, GUNTHER,

BURDICK, CONRAD, CLARK, SILLITTI, SAYEGH, ANDERSON, VANEL, WALLACE,

FALL, ARDILA, MCMAHON, SANTABARBARA, EACHUS, SHIMSKY, TAPIA,

HEVESI, SIMON, AUBRY, BUTTENSCHON, ALVAREZ, DE LOS SANTOS, GIBBS,

LUCAS, JACOBSON, MEEKS, BARRETT, RAGA, NOVAKHOV, BENDETT, DURSO,

GANDOLFO, MCDONOUGH, TAGUE, SLATER, MORINELLO, DIPIETRO, SIMPSON,

E. BROWN, MIKULIN, GRAY, MCGOWAN, MAHER, FLOOD, MILLER, HAWLEY,

NYS ASSEMBLY MAY 21, 2024

ANGELINO, BLUMENCRANZ, BRABENEC, DESTEFANO, CHANG, SIMONE,

WEPRIN, KELLES, DINOWITZ, LEVENBERG, TANNOUSIS, MCDONALD. AN ACT

TO AMEND THE FAMILY COURT ACT AND THE CRIMINAL PROCEDURE LAW, IN

RELATION TO ORDERS OF PROTECTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. CUNNINGHAM,

WILL YOU YIELD?

MR. CUNNINGHAM: I WILL.

ACTING SPEAKER AUBRY: MR. CUNNINGHAM

YIELDS.

MS. WALSH: THANK YOU VERY MUCH. MR.

CUNNINGHAM, UNDER CURRENT LAW WHO CAN CURRENTLY FILE A FAMILY

OFFENSE PETITION UNDER ARTICLE 8 OF THE FAMILY COURT ACT AND REQUEST

AN EMERGENCY ORDER OF PROTECTION?

MR. CUNNINGHAM: ANYONE IN THE HOUSEHOLD.

MS. WALSH: I'M SORRY, I -- IS YOUR MIC ON? I

COULDN'T HEAR YOU. I'M SORRY.

MR. CUNNINGHAM: I BELIEVE IT IS. CAN YOU HEAR

ME?

MS. WALSH: OKAY, NOW I CAN, YES. ANYBODY IN THE

NYS ASSEMBLY MAY 21, 2024

HOUSEHOLD?

MR. CUNNINGHAM: RIGHT.

MS. WALSH: OKAY. AND I'M -- SO YOU -- BUT YOU

CAN ALSO -- THERE -- THERE'S MORE THAN THAT, THOUGH, RIGHT? THERE --

THERE'S SPOUSES OR FORMER SPOUSES, RIGHT? PARENT AND CHILD, AND THEN

MEMBERS OF THE SAME FAMILY AND HOUSEHOLD, WHICH IS WHAT YOU JUST

MENTIONED.

MR. CUNNINGHAM: CORRECT.

MS. WALSH: CORRECT? OKAY. SO, SPECIFICALLY, HOW

DOES SECTION 812 OF THE FAMILY COURT ACT DEFINE MEMBERS OF THE SAME

FAMILY OR HOUSEHOLD?

MR. CUNNINGHAM: WELL, THIS BILL LOOKS AT

PARTICULARLY THE MEMBERS OF THE HOUSEHOLD WHO ARE OVER THE AGE OF 18,

WHICH IS THE CASE OF MELANIE IN THIS BILL.

MS. WALSH: OKAY. I'M HAVING A HARD TIME HEARING,

I'M SORRY, GUYS. SO, SPECIFICALLY, IF YOU TAKE A LOOK AT MEMBERS OF THE

SAME FAMILY OR HOUSEHOLD IT'S DEFINED AS PEOPLE THAT ARE RELATED BY

CONSANGUINITY, RIGHT, BLOOD RELATION, OR AFFINITY, WHICH IS RELATIONSHIP

ESPECIALLY BY MARRIAGE, RATHER THAN BLOOD TIES, CORRECT?

MR. CUNNINGHAM: CORRECT.

MS. WALSH: OKAY. PERSONS LEGALLY MARRIED TO

EACH OTHER, PEOPLE WHO WERE FORMALLY MARRIED TO ONE ANOTHER,

REGARDLESS OF WHETHER THEY'RE STILL IN THE SAME HOUSEHOLD. PEOPLE WHO

HAVE A CHILD IN COMMON, REGARDLESS OF WHETHER THEY WERE -- THEY ARE OR

EVER WERE MARRIED AND ARE OR EVER LIVED TOGETHER, AND PERSONS WHO

NYS ASSEMBLY MAY 21, 2024

AREN'T RELATED BY BLOOD OR AFFINITY BUT ARE OR WERE IN AN INTIMATE

RELATIONSHIP WITH EACH OTHER EITHER NOW OR IN THE PAST. THEY DON'T HAVE

TO LIVE TOGETHER, AND THE RELATIONSHIP DIDN'T HAVE TO BE A SEXUAL ONE,

NECESSARILY. SO THE -- THAT -- WHEN THEY DEFINE MEMBERS OF THE SAME

FAMILY OR HOUSEHOLD, THAT'S WHAT THEY'RE GETTING AT, CORRECT, UNDER THE --

THE WORDING IN SECTION 812; IS THAT RIGHT?

MR. CUNNINGHAM: THAT'S CORRECT.

MS. WALSH: OKAY. DOES THIS LEGISLATION ADD A NEW

CLASS OF PEOPLE WHO COULD SEEK A TEMPORARY ORDER OF PROTECTION?

MR. CUNNINGHAM: CORRECT. THIS WOULD ADD

PEOPLE WHO ARE OVER THE AGE OF 18 THAT RESIDE IN THAT HOUSEHOLD AND,

ADDITIONALLY, PEOPLE WHO ARE RELATED TO MEMBERS OF THAT FAMILY OUTSIDE

OF THE HOUSEHOLD.

MS. WALSH: OKAY. SO THAT MEANS THE PERSON THAT'S

EITHER BLOOD-RELATED, A CHILD, A GRANDCHILD, A GRANDPARENT, AN AUNT, AN

UNCLE, TO ANY DEGREE, THOUGH, RIGHT? IT'S JUST ANY KIND OF BLOOD

RELATION; IS THAT CORRECT?

MR. CUNNINGHAM: THAT IS CORRECT.

MS. WALSH: OKAY. SO, I -- I HAD TO LOOK UP THE

WORD CONSANGUINITY, YOU KNOW? SO BLOOD RELATION.

MR. CUNNINGHAM: BOTH -- BOTH OF US DID.

MS. WALSH: YEAH. BOTH OF US DID. SO THERE'S

ACTUALLY A TABLE OF CONSANGUINITY -- FUN FACT FOR EVERYONE -- AND THERE'S

DIFFERENT DEGREES OF BLOOD RELATIONSHIPS. SO IT CAN GO FROM FIRST DEGREE

UP TO 11TH DEGREE, AT LEAST ON THE CHART THAT I'M LOOKING AT. SO IT COULD

NYS ASSEMBLY MAY 21, 2024

BE A -- A THIRD COUSIN THRICE REMOVED COULD STILL HAVE CONSANGUINITY.

DOES THIS LEGISLATION LIMIT AT ALL THE DEGREE OF BLOOD RELATIONSHIP THAT

YOU MUST HAVE IN ORDER TO LOOK FOR A TEMPORARY ORDER OF PROTECTION?

MR. CUNNINGHAM: THIS BILL IS SPECIFICALLY

FOCUSED ON THOSE OVER 18 WHO HAVE THAT BLOOD RELATION.

MS. WALSH: OVER 18 WHO HAVE SOME DEGREE OF

BLOOD RELATION, BUT NOT SPECIFIED. IT COULD BE SOMEBODY -- I MEAN,

REALLY, IT COULD BE SOMEBODY THAT'S VERY REMOTELY BLOOD-RELATED TO THE

-- THE PERSON, RIGHT?

MR. CUNNINGHAM: SURE.

MS. WALSH: OKAY. SO, BY EXTENDING THE ELIGIBILITY

FOR AN ORDER OF PROTECTION TO SOMEBODY WHO IS RELATED OR INTIMATE TO

WITH SOMEBODY WHO IS THEN RELATED OR INTIMATE WITH THE INDIVIDUAL

AGAINST WHOM THE ORDER IS SOUGHT, DOESN'T THAT INCREASE THE NUMBER OF

POTENTIAL PARTIES AND LITIGANTS CONSIDERABLY FROM WHERE WE ARE RIGHT

NOW IN OUR CURRENT STATE OF THE LAW?

MR. CUNNINGHAM: IT WOULD CURRENTLY OPT THOSE

PEOPLE IN, BUT THOSE FOLKS DO HAVE AN OPPORTUNITY TO OPT OUT IF THEY

DON'T FEEL A DIRECT DANGER. IN THE CASE OF MELANIE, HOWEVER, THIS WOULD

HAVE OPTED MELANIE IN WHO WAS IN DIRECT DANGER AND WHO LOST HER LIFE

AS A RESULT OF NOT BEING OPTED IN.

MS. WALSH: OKAY. I -- I WANTED -- I WANTED TO JUST

GET THE IDEA OF THE SAME -- BEING IN THE SAME HOUSEHOLD. UNDER THIS

BILL, DOES THE PERSON, THIS NEW CLASS OF PERSON THAT CAN GO IN FOR THE

TEMPORARY ORDER OF PROTECTION, DO THEY EVEN HAVE TO LIVE IN THE SAME

NYS ASSEMBLY MAY 21, 2024

HOUSEHOLD AS THE PERSON WHO IS OR WAS IN AN INTIMATE RELATIONSHIP TO

THE PERSON THAT THEY'RE SEEKING AN ORDER OF PROTECTION FROM?

MR. CUNNINGHAM: NO, BUT A PERFECT EXAMPLE OF

THIS WOULD BE SOMEONE WHO LIVES ACROSS THE STREET WHO IS A RELATIVE OF

THIS PERSON; FOR INSTANCE, A DAUGHTER LIVING ACROSS THE STREET OR

SOMEONE WHO LIVES IN A MOTHER-DAUGHTER HOUSE WHO WOULD BE

TECHNICALLY NOT IN THE SAME HOUSEHOLD BUT IN THE SAME BUILDING.

SOMEONE IN AN APARTMENT UNIT ACROSS THE HALL. THIS IS WHAT THIS BILL

INTENDS TO DO.

MS. WALSH: OKAY. SO YOU CAN BE -- YOU CAN BE

BLOOD-RELATED, BUT NO DEGREE OF CONSANGUINITY IS CALLED OUT, SO IT COULD

BE ANY -- ANY LEVEL OF BLOOD RELATIONSHIP. YOU DON'T HAVE TO LIVE IN THE

SAME HOUSEHOLD AS THE -- THE PERSON WHO'S COMING IN FOR THE ORDER OF

PROTECTION, RIGHT? AND YOU MENTIONED THAT THIS WAS SPECIFICALLY

DESIGNED TO CAPTURE THOSE PEOPLE WHO ARE OVER THE AGE OF 18. ISN'T IT

TRUE THAT FAMILY COURT GENERALLY LOSES JURISDICTION OVER CHILDREN OVER

THE AGE OF 18?

(PAUSE)

MR. CUNNINGHAM: THIS -- THIS IS MORE OF A

OPPORTUNITY FOR THE COURT TO USE DISCRETION RATHER THAN A MANDATE. BUT

THIS DOES OPT IN THE INDIVIDUAL.

MS. WALSH: OKAY. BUT MY QUESTION WAS, JUST

GENERALLY SPEAKING, ONCE YOU GET OVER THE AGE OF 18, FAMILY COURT

GENERALLY LOSES JURISDICTION OVER YOU. AND THAT -- AND THAT, I BELIEVE, IS

ONE OF THE -- THE LOOPHOLES THAT THIS LAW WAS INTENDING TO TRY TO CORRECT;

NYS ASSEMBLY MAY 21, 2024

ISN'T THAT RIGHT?

MR. CUNNINGHAM: THAT'S CORRECT.

MS. WALSH: SO -- OKAY, SO NEXT QUESTION IS -- AND

THANK YOU -- NEXT QUESTION IS, HOWEVER, EVERY PERSON OVER THE AGE OF

18 STILL WOULD HAVE THE RIGHT TO REQUEST AN ORDER OF PROTECTION FROM

ANY ONE OF THE CRIMINAL COURTS THAT ARE THERE.

MR. CUNNINGHAM: THEY COULD --

MS. WALSH: UNDER CURRENT LAW.

MR. CUNNINGHAM: -- UNDER CURRENT LAW, BUT WITH

THIS LAW THEY WOULD BE OPTED IN, AND THEY COULD OPT OUT IF THEY DON'T

FEEL A PRESENT DANGER.

MS. WALSH: OKAY. NOW, UNDER CURRENT LAW IF A

JUDGE GRANTS A TEMPORARY ORDER OF PROTECTION, THAT ORDER COULD INCLUDE

OTHER MINOR CHILDREN UNDER THE AGE OF 18, CORRECT?

MR. CUNNINGHAM: WHICH IT DID IN THE CASE OF

MELANIE'S YOUNG SON WHO WAS YOUNGER AT THE TIME, UNDER THE AGE OF

18.

MS. WALSH: RIGHT. SO THEY -- THAT'S REGULARLY THE

CASE, WHERE THE COURT COULD INCLUDE YOUNGER CHILDREN THAT ARE -- THAT

ARE IN THE HOUSEHOLD.

MR. CUNNINGHAM: ABSOLUTELY.

MS. WALSH: YEAH, OKAY. BUT UNDER THIS BILL, UNDER

THIS LEGISLATION, WOULD THIS NEW CLASS OF PERSON, I DON'T -- NEW PERSON

HAVE TO APPEAR PERSONALLY IN FAMILY COURT TO REQUEST THEIR OWN

TEMPORARY ORDER OF PROTECTION, OR COULD A PERSON WHO WAS FILING A

NYS ASSEMBLY MAY 21, 2024

FAMILY OFFENSE PETITION JUST ADD THIS NEW PERSON TO THEIRS?

MR. CUNNINGHAM: THE PERSON WOULD BE ADDED

TO IT. THEY CAN APPEAL TO BE TAKEN OFF OF THAT -- THAT ORDER OF

PROTECTION IF THEY CHOOSE TO BE TAKEN OFF.

MS. WALSH: OKAY. WHERE DOES IT SAY THAT IN THE

BILL ITSELF?

(PAUSE)

MR. CUNNINGHAM: THE -- THE LANGUAGE DOESN'T

REQUIRE EXPLICITLY THAT, BUT THE PERSON CAN OPT OUT.

MS. WALSH: OKAY. WELL, WHAT I'M TRYING TO GET AT

IS, LET'S SAY YOU HAVE SOMEBODY WHO'S 19 YEARS OLD AND THEY -- THEY

WOULD LIKE TO GET A TEMPORARY ORDER OF PROTECTION. CAN -- DO THEY

HAVE TO THEMSELVES GO TO FAMILY COURT? BECAUSE BASED ON YOUR

PREVIOUS ANSWER, WHAT YOU SAID IS SAY IF THEIR MOTHER WHO IS MAKING

THE REQUEST FOR AN ORDER OF PROTECTION. CAN THAT MOTHER JUST ADD THAT

19-YEAR-OLD ON OR DOES THE 19-YEAR-OLD HAVE TO GO IN AND AFFIRMATIVELY

STATE TO THE COURT, I WISH TO ALSO HAVE AN ORDER OF PROTECTION?

MR. CUNNINGHAM: IT CAN GO EITHER DIRECTION.

THE MOTHER CAN ADD OR THE CHILD CAN ADD.

MS. WALSH: OKAY. BECAUSE RIGHT NOW IT -- IT'S -- IN

MY OPINION, HAVING READ IT, IT'S -- IT'S NOT CLEARLY SPELLED OUT. SO THAT'S

-- WE CAN MOVE ON, BUT THAT'S JUST SOMETHING I NOTICED GOING THROUGH

IT.

SO THAT ALSO TIES IN WITH A CONCERN THAT WAS RAISED BY

THE NEW YORK STATE FAMILY COURT JUDGES ASSOCIATION, WHICH IS

NYS ASSEMBLY MAY 21, 2024

OPPOSED TO THIS LEGISLATION. THEY SAY, QUOTE, "THIS BILL WOULD ALLOW

PARENTS TO COME TO COURT ON BEHALF OF THEIR ADULT CHILDREN AND REQUEST,

OBTAIN EMERGENCY ORDERS OF PROTECTION ON THEIR ADULT CHILD'S BEHALF,

PERHAPS WITHOUT THE ADULT CHILD'S KNOWLEDGE OR PERMISSION. WE ARE

VERY CONCERNED THAT EMPOWERING ONE ADULT TO MAKE DECISIONS AND

OBTAIN ORDERS ON BEHALF OF OTHER ADULTS WHO COULD REQUEST THOSE ORDERS

THEMSELVES OPENS A PANDORA'S BOX AND WILL HAVE A HOST OF INTENDED

NEGATIVE RAMIFICATIONS." I WANT TO JUST GIVE YOU AN OPPORTUNITY TO

RESPOND TO THAT.

MR. CUNNINGHAM: IN OUR CONVERSATIONS WITH THE

SAID GROUP, THE CONVERSATION WE HAD WAS MORE ABOUT ADMINISTRATIVE

BURDEN THAT THAT WOULD PROVIDE IN TERMS OF THE AMOUNT OF CASES THAT

MAY PRESENT ITSELF. I BELIEVE MY COLLEAGUE ALEX BORES, MEMBER

BORES, HAS A BILL, 5366, WHICH WOULD ACTUALLY HELP WITH THAT

ADMINISTRATIVE BURDEN PIECE OF THE BILL.

MS. WALSH: OKAY. BUT THIS -- THIS IS A DIRECT QUOTE

FROM THEIR MEMO OF OPPOSITION TO THIS PIECE OF LEGISLATION WHERE THEY

-- AND THE QUOTE IS THAT THEY ADAMANTLY OPPOSE THIS PIECE OF LEGISLATION,

AND I JUST -- AS FAR AS THE ISSUE OF WHETHER -- BECAUSE IT'S IMPORTANT. IF

-- TAKING -- TAKING THAT EXAMPLE OF THAT 19-YEAR-OLD, UNDER -- IT -- IT

MAKES A BIG DIFFERENCE WHETHER -- HOW WE READ THIS LEGISLATION

BECAUSE THERE -- THERE ISN'T ANYTHING IN THIS LEGISLATION, IN MY OPINION

OR IN MY READING, CLEARLY STATING THAT THIS PERSON WOULD HAVE TO

PERSONALLY APPEAR IN FAMILY COURT, AND YOU'RE SAYING IT COULD GO EITHER

WAY; EITHER THEY DO OR THEY DON'T.

NYS ASSEMBLY MAY 21, 2024

MR. CUNNINGHAM: IT COULD CERTAINLY GO EITHER

WAY, BUT THAT 19-YEAR-OLD WHO IS LISTED ON THIS DOCUMENT COULD

ACTUALLY TAKE THEMSELVES OFF OF IT IF THEY FELT THAT THEY WEREN'T IN THE

DIRECT DANGER OF SAID PERSON.

MS. WALSH: OKAY. AND AGAIN, IT -- IT -- I DON'T FIND

THAT ANYWHERE IN THE LEGISLATION. I THINK IT'S -- IT'S IMPORTANT THAT YOU'RE

CREATING SOME LEGISLATIVE HISTORY HERE, BUT WE ALSO HAVE TO READ THE

PLAIN LANGUAGE IN THE BILL AND IT'S NOT IN THE BILL. SO THAT MIGHT BE

SOMETHING THAT MAY -- MAYBE WOULD NEED TO GET TIGHTENED UP.

WOULD THIS -- WHAT DOES THIS PERSON NEED TO HAVE TO

PROVE ONCE THEY GET TO COURT IN ORDER TO GET THEIR OWN ORDER OF

PROTECTION?

MR. CUNNINGHAM: THE 19-YEAR-OLD --

MS. WALSH: YES.

MR. CUNNINGHAM: -- OR THE PERSON

(INAUDIBLE/CROSSTALK)?

MS. WALSH: YES, USING THAT EXAMPLE OF THE 19-

YEAR-OLD.

MR. CUNNINGHAM: WELL, THEY WOULDN'T BE --

THEY WOULD BE ACTUALLY TAKING THEMSELVES OFF OF THE EXISTING ORDER OF

PROTECTION, CORRECT? THEY WOULDN'T BE --

MS. WALSH: WELL, LET'S SAY THAT THEY WANT IT. LET'S

SAY THAT THEY WANT TO BE ON THE ORDER OF PROTECTION. WHAT DO THEY

HAVE TO SHOW TO -- TO GET IT?

MR. CUNNINGHAM: WELL, THEY WOULD BE LISTED ON

NYS ASSEMBLY MAY 21, 2024

IT.

MS. WALSH: THEY WOULD SIMPLY BE LISTED ON IT?

MR. CUNNINGHAM: BASED ON THAT INFORMATION

YOU PROVIDED, YOU SAID THAT IF WE -- IF I HAD FILED AN ORDER OF

PROTECTION AND I HAD A CHILD OVER THE AGE OF 18, THEY CAN BE ADDED TO

THAT ORDER OF PROTECTION.

MS. WALSH: OKAY. LET'S SAY -- LET'S TAKE A DIFFERENT

EXAMPLE. LET'S SAY IT IS A 60-YEAR-OLD SECOND COUSIN ONCE REMOVED

WHO DOESN'T LIVE IN THE HOUSEHOLD WITH THE WOMAN WHO IS THE DOMESTIC

VIOLENCE VICTIM OR SURVIVOR. WHAT DOES HE HAVE TO SHOW? DOES HE

JUST HAVE TO SHOW THAT HE WANTS TO GET ADDED TO HER ORDER OF PROTECTION

OR DOES HE NEED TO SHOW THAT A FAMILY OFFENSE HAS BEEN COMMITTED AS

AGAINST HIM?

MR. CUNNINGHAM: SO, THIS IS A NEW CLASS THAT

WOULD JUST ESSENTIALLY PROVIDE THE PERSON AN OPPORTUNITY TO PROVIDE --

TO -- TO GET ON THAT ORDER OF PROTECTION.

MS. WALSH: GET ON THE ORDER OF PROTECTION OF THE

DOMESTIC VIOLENCE VICTIM THAT HAS COME FORWARD LOOKING FOR HER OWN?

MR. CUNNINGHAM: WELL, THE PERSON THAT WOULD

HAVE FILED THE ORDER OF PROTECTION MAY HAVE LISTED THAT PERSON AS

SOMEBODY WHO POTENTIALLY COULD BE IN DANGER. AS YOU KNOW, OVER 10

MILLION PEOPLE ARE HARMED BY DOMESTIC VIOLENCE EVERY YEAR, AND

SOMETIMES WHEN THEY CAN'T GET THEIR VICTIM, THEY GO AFTER THE PEOPLE

THAT ARE NEAR AND DEAR TO THEM, WHETHER THAT BE THEIR CHILDREN, THEIR

CATS, THEIR PETS. PEOPLE DO ALL KIND OF CRAZY THINGS IN THESE CASES OF

NYS ASSEMBLY MAY 21, 2024

DOMESTIC VIOLENCE. WE'RE JUST TRYING TO PROTECT PEOPLE FROM MAKING

SURE THEY ARE OPTED IN AND PROTECTED.

MS. WALSH: AND -- AND I CAN APPRECIATE THAT. AND

-- AND AS I POINTED OUT EARLIER, IF YOU LOOK AT THIS TABLE OF CONSANGUINITY

YOU COULD HAVE, YOU KNOW, THIRD COUSINS, YOU KNOW, ALL KINDS OF

PEOPLE THAT COULD POTENTIALLY BE COMING FORWARD. WHAT I'M TRYING TO

GET AT RIGHT NOW IS, WHAT DOES THAT 60-YEAR-OLD MALE WHO WAS THIRD

COUSIN TWICE REMOVED HAVE TO SHOW, JUST SIMPLY THAT HE IS RELATED BY

BLOOD TO THE DOMESTIC VIOLENCE VICTIM OR DOES -- BECAUSE THAT DOMESTIC

VIOLENCE VICTIM HAS TO COME INTO FAMILY COURT AND SAY -- AND -- AND

SAY, I HAVE HAD A FAMILY OFFENSE COMMITTED AGAINST ME -- AND I'M

GONNA READ -- YOU -- THERE'S BEEN DISORDERLY CONDUCT; HARASSMENT IN THE

FIRST OR SECOND DEGREE; AGGRAVATED HARASSMENT IN THE SECOND DEGREE;

SEXUAL MISCONDUCT; FORCIBLE TOUCHING; SEXUAL ABUSE IN THE THIRD DEGREE,

SECOND DEGREE; STALKING, FIRST, SECOND, THIRD OR FOURTH; CRIMINAL

MISCHIEF; MENACING. YOU HAVE TO SHOW ONE OF THESE ENUMERATED

OFFENSES THAT HAVE BEEN COMMITTED AS AGAINST YOU. MY QUESTION TO YOU

IS, WHAT ABOUT THAT REMOTELY-RELATED PERSON THAT'S NOT IN THE HOUSEHOLD?

DON'T THEY HAVE TO SHOW THAT A FAMILY OFFENSE OF THAT KIND HAS BEEN

COMMITTED AGAINST THEM?

MR. CUNNINGHAM: THIS BILL DOESN'T DO THAT.

THIS BILL IS FOCUSED SPECIFICALLY ON MAKING SURE THAT PEOPLE WHO DO

HAVE A DIRECT THREAT, A DIRECT LINE OF THREAT WHO WANT TO BE ADDED TO THIS

ORDER OF PROTECTION COULD BE. AS WE ALL KNOW, DOMESTIC VIOLENCE IS A

SILENT KILLER IN MANY HOUSEHOLDS. IT IS NOT SOMETHING THAT'S PUBLIC OR

NYS ASSEMBLY MAY 21, 2024

PEOPLE OFTENTIMES KNOW ABOUT, PARTICULARLY WHEN THEY'RE THAT REMOVED

FROM THAT LINE OF SIGHT.

MS. WALSH: SO ARE YOU SAYING THAT THE INDIVIDUAL

THAT WANTS TO BE ADDED TO THE ORDER OF PROTECTION NEEDS TO SHOW THAT

THEY'RE IN SOME KIND OF A ZONE OF DANGER OR THAT THEY ARE -- THERE'S A

THREAT AS -- AS TO THEM OR NOT? DO THEY NOT HAVE TO SHOW THAT?

MR. CUNNINGHAM: I CERTAINLY WOULDN'T THINK THAT

AN 11TH COUSIN BE ADDED FROM SOMEONE. I WOULDN'T ADD MY 11TH

COUSIN TO MY ORDER OF PROTECTION IF I DIDN'T FEEL THEY WERE IN A DIRECT

LINE OF THREAT. MELANIE WAS IN A DIRECT LINE OF THREAT, WHICH IS WHY SHE

SHOULD HAVE BEEN ADDED TO THIS ORDER OF PROTECTION.

MS. WALSH: OKAY. WHAT -- WHAT IS THE STANDARD OF

PROOF FOR GETTING AN ORDER OF PROTECTION IN FAMILY COURT?

MR. CUNNINGHAM: THE STANDARD REMAINS THE

SAME THAT EXISTS UNDER CURRENT LAW.

MS. WALSH: OKAY. CAN YOU USE HEARSAY TO GET IT?

MR. CUNNINGHAM: NO, THAT WOULDN'T UNDER

CURRENT LAW.

MS. WALSH: YEAH, YOU HAVE TO -- ONLY ADMISSIBLE

EVIDENCE, JUST THE SAME AS YOU WOULD IN A LOCAL OR CRIMINAL COURT.

MR. CUNNINGHAM: SAME -- SAME AS UNDER

CURRENT LAW, THIS --

MS. WALSH: SAME AS UNDER CURRENT LAW.

MR. CUNNINGHAM: THIS WILL ONLY ADD THE ABILITY

FOR SOMEONE TO BE ADDED ON AND OPT OUT IF THEY CHOOSE TO BE OPTED OUT.

NYS ASSEMBLY MAY 21, 2024

MS. WALSH: OKAY. AND HOW -- I GUESS LAST, I

THINK YOU MENTIONED EARLIER ABOUT COURT CONGESTION, SO LET'S JUST TALK

ABOUT THAT FOR A SECOND. HOW ARE THESE --

MR. CUNNINGHAM: WHAT WAS THAT? I'M SORRY.

MS. WALSH: YOU MENTIONED COURT CONGESTION A

LITTLE BIT EARLIER, I JUST WANT TO TOUCH ON THAT AS WELL. HOW ARE THESE

EMERGENCY PETITIONS THAT ARE FILED UNDER ARTICLE 8 HEARD?

MR. CUNNINGHAM: THIS BILL DOESN'T SPEAK TO

THAT.

MS. WALSH: OKAY. WERE YOU AWARE THAT THEY HAVE

TO BE HEARD IN FAMILY COURT THE DAY THAT THEY COME IN? LIKE, IT'S NOT

SOMETHING THAT GETS CALENDERED, THEY'RE -- THEY'RE OF AN EMERGENCY

NATURE, THEY NEED TO BE HEARD --

MR. CUNNINGHAM: ABSOLUTELY.

MS. WALSH: -- THE DAY THAT THEY -- THE DAY THAT THEY

COME IN.

MR. CUNNINGHAM: ABSOLUTELY.

MS. WALSH: OKAY.

MR. CUNNINGHAM: AND I THINK, AGAIN, WITH OVER

10 MILLION PEOPLE BEING VICTIMS OF DOMESTIC VIOLENCE ANNUALLY, I THINK

THAT'S A HIGH PRIORITY FOR THE COURT TO MAKE SURE WE'RE MAKING SURE NEW

YORKERS ARE SAFE.

MS. WALSH: ABSOLUTELY. THANK YOU VERY MUCH FOR

YOUR ANSWERS.

MR. CUNNINGHAM: THANK YOU.

NYS ASSEMBLY MAY 21, 2024

MS. WALSH: MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER JEAN-PIERRE: ON THE BILL.

MS. WALSH: THANK YOU SO MUCH. SO, WHAT

HAPPENED TO MELANIE CHIANESE, WHOM THIS BILL IS NAMED AFTER, WAS A

HEINOUS CRIME. SHE WAS 29 YEARS OLD, SHE WAS LIVING WITH HER MOTHER,

AND WITH HER OWN THREE-YEAR-OLD CHILD. HER MOTHER AND MELANIE WENT

TO FAMILY COURT SEEKING ORDERS OF PROTECTION, AND THE COURT GRANTED THE

MOTHER ONE AND ADDED THE MINOR GRANDCHILD, THE THREE-YEAR-OLD, BUT

BECAUSE MELANIE WAS OVER THE AGE OF 18 FAMILY COURT DID NOT HAVE

JURISDICTION OVER HER, AND THE JUDGE TOLD MELANIE THAT SHE SHOULD GO TO

A LOCAL CRIMINAL COURT TO SEEK HER OWN ORDER OF PROTECTION. BUT

MELANIE NEVER WENT. ONE DAY, HER MOTHER'S EX-BOYFRIEND CAME TO HER

HOUSE, HE WAS OUT ON PROBATION WEARING AN ANKLE BRACELET. HE WASN'T

SUPPOSED TO BE AT THE HOUSE BECAUSE AN ORDER OF PROTECTION THAT THE

COURT HAD GRANTED THE MOTHER SAID THAT HE COULD NOT COME TO THE HOUSE

BUT HE DID ANYWAY. MELANIE ANSWERED THE DOOR AND SHE WAS STABBED

VICIOUSLY AND SHE WAS KILLED.

IT'S SAID THAT TRAGEDIES CAN MAKE BAD LAW. WHO WOULD

NOT BE EMOTIONAL AFTER A HORRIBLE CRIME COMMITTED LIKE THAT UPON AN

INNOCENT YOUNG WOMAN? YOU'D HAVE TO BE A CALLOUS PERSON NOT TO

WANT TO DO SOMETHING TO PREVENT THAT FROM HAPPENING IN THE FUTURE.

MY WORK OVER THE LAST ALMOST TWO DECADES IN FAMILY COURT HAS SEEN

AWFUL CASES LIKE MELANIE'S, AND LET ME TELL YOU, YOU NEVER GET USED TO IT

AND YOU SHOULDN'T. THE PROBLEM THAT I HAVE WITH THIS BILL IS THAT IT

PROBABLY WOULDN'T HAVE CHANGED THE OUTCOME FOR MELANIE UNDER THE

NYS ASSEMBLY MAY 21, 2024

LANGUAGE OF THE BILL. YES, IT WOULD HAVE GIVEN THE JUDGE THE

JURISDICTION TO CONSIDER AN ORDER OF PROTECTION FOR MELANIE, BUT WHAT

COULD MELANIE -- I'M ASSUMING, BASED ON MY READING OF THE BILL, THAT

MELANIE WOULD NEED TO SHOW THAT SHE DESERVED HER OWN ORDER OF

PROTECTION. SHE WOULD HAVE TO SHOW -- AND I READ IT EARLIER, THAT LIST OF

OFFENSES THAT MELANIE WOULD HAVE TO SHOW COMMITTED AS AGAINST HER.

AND I WON'T READ THEM AGAIN, BUT THEY INCLUDE DISORDERLY CONDUCT,

HARASSMENT, AGGRAVATED ASSAULT -- OR AGGRAVATED HARASSMENT, SEXUAL

MISCONDUCT, ET CETERA. THERE'S A WHOLE LIST THAT'S SPELLED OUT IN SECTION

812 OF THE FAMILY COURT ACT. COULD SHE HAVE SHOWN THAT? I DON'T

KNOW. I DON'T KNOW WHAT SHE COULD HAVE SHOWN. THERE'S A BIG

DIFFERENCE BETWEEN SOMEBODY WHO IS DIRECTLY -- A DIRECT VICTIM OF

DOMESTIC VIOLENCE OR A SECONDARY VICTIM OF DOMESTIC VIOLENCE, AND I

THINK THAT WHAT THIS BILL, THE WAY I READ IT, IS SAYING IS THAT MELANIE

WOULD HAVE AN ABILITY TO GO INTO FAMILY COURT AND MAKE HER CASE USING

ADMISSIBLE EVIDENCE THAT A FAMILY OFFENSE HAD BEEN COMMITTED AGAINST

HER. EVEN IF SHE HAD GOTTEN AN ORDER OF PROTECTION, WHAT WOULD THE

JUDGE HAVE ORDERED? A STAY AWAY ORDER FROM THE HOME, DEFINITELY.

BUT WE ALREADY KNOW THAT THE EX-BOYFRIEND BROKE THE ORDER OF

PROTECTION AND CAME TO THE HOUSE ANYWAY. THE JUDGE WOULD ALMOST

CERTAINLY HAVE GRANTED A REFRAIN FROM ORDER, ESSENTIALLY SAYING, DON'T

COMMIT ANY CRIMES AGAINST HER, AND -- BUT WE KNOW WHAT HE DID.

ORDERS OF PROTECTION ARE PIECES OF PAPER, THEY ARE NOT

FORCE FIELDS. I WISH THAT THEY WERE, AND PROBABLY YOU DO, TOO. I WISH

THAT THEY COULD HAVE PROTECTED THAT YOUNG WOMAN SO THAT HER CHILD

NYS ASSEMBLY MAY 21, 2024

COULD HAVE GROWN UP WITH HER AS -- AS HIS MOTHER. I WOULD BE VERY

INTERESTED TO KNOW WHY A GUY WITH A HISTORY OF BREAKING ORDERS OF

PROTECTION AND OBVIOUS VIOLENT TENDENCIES WAS WALKING AROUND WITH AN

ANKLE BRACELET AND WASN'T BEHIND BARS. THESE CONCERNS ABOUT NEW

YORK'S CRIMINAL JUSTICE SYSTEM HAVE BEEN MENTIONED OFTEN IN THIS

CHAMBER REGARDING BAIL AND OTHER CRIMINAL JUSTICE SO-CALLED REFORMS.

BUT I'LL LEAVE THAT THOUGHT THERE FOR MY COLLEAGUES TO PONDER. WHETHER

OUR TIME AS A LEGISLATURE WOULD BE BETTER SPENT KEEPING VIOLENT

OFFENDERS BEHIND BARS INSTEAD OF HANDING OUT MORE PIECES OF PAPER

TELLING HIM NOT TO COMMIT MORE CRIMES THAT HE OBVIOUSLY HAD NO

RESPECT FOR AND COMPLETELY DISREGARDED. I BELIEVE THAT THE SPONSOR --

THE SPONSORS, THEIR HEART IS IN THE RIGHT PLACE IN WANTING TO DO

SOMETHING. BUT I ALSO THINK THAT AS LEGISLATORS WE NEED TO PASS

EFFECTIVE LAWS. IF WE DON'T DO THAT, HOW ARE WE HONORING HER MEMORY?

HOW ARE WE GOING TO DO OUR VERY BEST TO ENSURE THAT THIS HORRIBLE

CRIME DOESN'T HAPPEN AGAIN?

I HAVE A FEW IDEAS FOR HOW THIS BILL COULD BE AMENDED

TO TRY TO ADDRESS SOME OF THE POINTS THAT I RAISED ON DEBATE. NUMBER

ONE, TIGHTEN UP WHO IS IN THIS CLASS OF PEOPLE WHO CAN SEEK THE ORDER

OF PROTECTION. WE TALKED ABOUT THE TABLE OF CONSANGUINITY. WE DON'T

NEED THIRD COUSINS THRICE-REMOVED TO BE IN THIS CLASS. NUMBER TWO, I

WOULD SUGGEST ALSO REQUIRING THAT THE PERSON SHOULD BE IN THE SAME

HOUSEHOLD AS THE PERSON AGAINST WHOM THE CRIMINAL ACT WAS ALLEGEDLY

COMMITTED. THAT'S WHAT MELANIE'S FAMILY WANTED WHEN THEY CREATED

THEIR PETITION ON CHANGE. THEY WANTED TO ADD EVERYONE IN THE

NYS ASSEMBLY MAY 21, 2024

HOUSEHOLD TO ANY ORDER OF PROTECTION REGARDING DOMESTIC VIOLENCE

CASE, REGARDLESS OF AGE OR RELATIONSHIP. NUMBER THREE, I THINK IT NEEDS

TO BE CLARIFIED THAT THE PERSON MUST APPEAR PERSONALLY IN FAMILY COURT

TO ADDRESS THE FAMILY COURT JUDGES ASSOCIATION' CONCERN THAT AN ORDER

OF PROTECTION COULD BE REQUESTED ON BEHALF OF ANOTHER, WHICH CREATES

ALL KINDS OF PROBLEMS REGARDING DUE PROCESS, RIGHTS OF CONFRONTATION,

JUST TO NAME A COUPLE. NUMBER FOUR, I WOULD RECOMMEND THAT WE

CONSIDER SCRAPPING THIS BILL ENTIRELY AND ACTUALLY CHANGING A DIFFERENT

SECTION OF THE FAMILY COURT ACT, SECTION 842, WHICH LISTS WHAT CAN BE

IN THE ORDER OF PROTECTION ONCE IT'S GRANTED, AND WHO AND WHAT CAN BE

PROTECTED BY IT. THAT'S THE SECTION WHERE WE PROTECT, FOR EXAMPLE,

COMPANION ANIMALS. WE PROTECT COMPANION ANIMALS IN ANOTHER

SECTION OF THE FAMILY COURT ACT. THEY CAN BE ADDED TO THE ORDER OF

PROTECTION. WHY CAN'T WE ADD A SECTION IN THERE THAT PROTECTS PEOPLE

OVER THE AGE OF 18 LIKE MELANIE, WHO WERE LIVING IN THE SAME

HOUSEHOLD? I THINK THAT THAT WOULD ACTUALLY GET AT CLOSING THE LOOPHOLE

THAT THIS SPONSOR IDENTIFIED IN THE FIRST PLACE. I JUST THINK THAT THE

LANGUAGE IN THIS BILL, AS WRITTEN, DOESN'T ACCOMPLISH MUCH OTHER THAN

MAKING AN ALREADY OVERBURDENED FAMILY COURT SYSTEM EVEN MORE

BURDENED. AND I WOULD LIKE TO TALK ABOUT THAT FOR A MINUTE. THAT IS A

REAL THING. WE NEED TO BUDGET MORE RESOURCES FOR OUR FAMILY COURTS;

JUDGES, STAFF, ALL OF THAT. WE SPEAK ALL THE TIME IN HERE ABOUT

PRESERVING PEOPLE'S DIGNITY. WELL, LET ME TELL YOU SOMETHING, THERE'S

NOT A LOT OF DIGNITY TO BE HAD IN FAMILY COURT WHEN PEOPLE ARE PACKED

IN LIKE CATTLE, WAITING WAY TOO LONG TO HAVE THEIR MATTERS HEARD. IN

NYS ASSEMBLY MAY 21, 2024

FAMILY COURT, FAMILY COURT JUDGES ARE BOOKING PROBABLY ONE CASE EVERY

15 MINUTES, IF NOT TWO. WHEN THESE EMERGENCY ORDER OF PROTECTION

CASES COME IN, THEY MUST BE HEARD BECAUSE THEY'RE EMERGENCIES. THEY

MUST BE HEARD THE DAY THAT THEY GET BROUGHT IN. THAT MEANS THAT IF YOU

HAVE A 9:15 AND YOU HAVE PRIVATELY RETAINED COUNSEL OR A PUBLIC

DEFENDER AND YOU'RE SITTING WITH THE PERSON THAT YOU'RE BRINGING A

PETITION AGAINST OR YOU -- A PETITION'S BEEN BROUGHT AGAINST YOU, YOU'VE

GOT TWO PAIRS OF ATTORNEYS, TWO CLIENTS. THEY'RE ALL MISSING WORK.

YOU'RE SITTING AROUND POTENTIALLY FOR HOURS WAITING FOR THIS EMERGENCY

PETITION TO BE HANDLED. SO IT'S NOT -- IT'S NOT JUST ABOUT ALLOWING PEOPLE

WHO NEED TO BE COMING IN TO GET AN EMERGENCY PETITION HEARD, WE

OBVIOUSLY WANT THAT. I WANT THEM TO BE HEARD. THE THING IS IS, IF YOU'RE

GONNA TO LET A HUGE, HUGE, HUGE, POTENTIALLY HUGE EXTRA GROUP OF PEOPLE

TO COME IN, THAT IS GOING TO HAVE PRACTICAL IMPACTS ON THE FAMILY COURT

SYSTEM. AND THEY'RE GONNA HEAR THOSE CASES, THEY HAVE TO AND THEY

WANT TO. BUT IT'S GOING TO ABSOLUTELY DELAY RESULTS FOR EVERYBODY ELSE

THAT'S IN FAMILY COURT WITH A SCHEDULED MATTER, AND I THINK THAT THAT'S

SOMETHING THAT WE NEED TO AT LEAST CONSIDER AND BUDGET FOR AND STAFF

FOR.

SO I APPRECIATE THE IMPULSE OF THE SPONSORS TO DO

SOMETHING. BUT I THINK IT WOULD HAVE BEEN BETTER TO WAIT AND CREATE

BETTER WORK PRODUCT THAN THIS, WHICH WOULD REALLY ADDRESS THE PROBLEM

AND CREATE A GOOD LAW RATHER THAN PASSING THIS THROUGH. AND WHILE I

RECOGNIZE THAT A NUMBER OF MY COLLEAGUES ARE LISTED AS SPONSORS OF THIS

BILL DUE TO ITS VERY EMOTIONAL NATURE, WHICH I UNDERSTAND. MADAM

NYS ASSEMBLY MAY 21, 2024

SPEAKER, IN ITS PRESENT FORM AND BASED ON THE ANSWERS THAT I RECEIVED

DURING DEBATE, I BELIEVE THAT THIS BILL NEEDS MORE WORK. IT NEEDS

FURTHER CLARIFICATION, IT NEEDS FURTHER AMENDMENT, AND IN ITS PRESENT

FORM, WITH ALL DUE RESPECT TO MELANIE'S FAMILY, WHO I KNOW CARE A

GREAT DEAL ABOUT TRYING TO CLOSE A LOOPHOLE AND PREVENT FUTURE TRAGEDIES

FROM OCCURRING, I DON'T BELIEVE THAT THIS BILL IN ITS PRESENT FORM DOES

THAT AND AS SUCH I WILL NOT BE ABLE TO SUPPORT IT. AND I JOIN THE NEW

YORK STATE FAMILY COURT JUDGES ASSOCIATION, WHICH AS I STATED BEFORE,

IS ADAMANTLY OPPOSED TO THIS PIECE OF LEGISLATION.

THANK YOU VERY MUCH.

ACTING SPEAKER JEAN-PIERRE: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

ON THE BILL.

ACTING SPEAKER JEAN-PIERRE: ON THE BILL.

MR. GOODELL: WHEN WE COME TO LEGISLATE WE'RE

OFTEN ASKED TO VOTE ON SUBJECTS THAT WE HAVE VERY LITTLE BACKGROUND OR

EXPERIENCE IN WHEN OUR VOTE AFFECTS REAL PEOPLE ALL ACROSS THE STATE.

PERSONALLY, AS AN ATTORNEY, I DO MY UTMOST BEST TO STAY OUT OF FAMILY

COURT. IT TAKES A SPECIAL ATTORNEY TO BE ABLE TO PRACTICE IN THAT COURT,

BECAUSE TYPICALLY YOU SEE PEOPLE AT THEIR WORST. YOU TYPICALLY SEE

PEOPLE FIGHTING OVER CUSTODY, THEIR EMOTIONS ARE RAW. OFTEN THEY HATE

THE OTHER PERSON WITH A PASSION THAT'S SCARY. YOU FIND THEM DOING

THINGS THAT THEY, THEMSELVES, WOULD CONSIDER REPREHENSIBLE UNDER ANY

CIRCUM -- ANY OTHER CIRCUMSTANCE. SO I AM EXTRAORDINARILY THANKFUL

THAT WE HAVE PEOPLE LIKE MY COLLEAGUE MARY BETH WALSH, WHO IS

NYS ASSEMBLY MAY 21, 2024

WILLING TO PUT HER EXPERTISE AT WORK IN THAT EXTRAORDINARILY DIFFICULT

CONTEXT. AND I AM EXTRAORDINARILY THANKFUL THAT WE HAVE FAMILY COURT

JUDGES WHO WRESTLE WITH THIS EVERY DAY. AND ONE OF THE MOST DIFFICULT

ASPECTS IS WHEN YOU HAVE CLIENTS OR YOU HAVE LITIGANTS IN FRONT OF YOU

WHO ARE SO EMOTIONALLY ANGRY AND UPSET AT EACH OTHER THAT THEY BORDER

ON THE IRRATIONAL AND THEY USE SOMETIMES ANY TOOL AVAILABLE JUST TO

STRIKE BACK AT THEIR EX, INCLUDING ORDERS OF PROTECTION. AND SO I HAVE

SEEN SITUATIONS WHERE SOMEONE WILL WALK INTO COURT AND THEY'LL TRY TO

GET AN ORDER OF PROTECTION THAT COVERS EVERYTHING THAT THEIR EX VALUES.

THEY'LL TRY TO GET AN ORDER OF PROTECTION PREVENTING THEIR EX FROM

SEEING THEIR PET OR ANY OF THEIR KIDS. AND IT'S NOT IN THE BEST INTEREST OF

THE KIDS NOT TO BE ABLE TO SEE THEIR SPOUSE OR TO HAVE VISITATION. IT'S JUST

OUT OF UNMITIGATED ANGER AND FRUSTRATION AND RAW MOTION.

SO IN THIS AREA WHEN WE TALK ABOUT LEGISLATION THAT

EXPANDS THE ABILITY OF A PERSON -- OF A COURT TO ISSUE AN ORDER OF

PROTECTION, WE NEED TO BE MINDFUL OF BOTH SIDES OF THAT EQUATION. YES,

WE WANT THE COURT TO BE ABLE TO ORDER AN ORDER OF PROTECTION WHEN

APPROPRIATE. AND NO, WE DO NOT WANT TO PROVIDE A TOOL THAT CAN BE

MISUSED IN THE CONTEXT OF A FAMILY COURT PROCEEDING FOR THE SOLE

PURPOSE OF HURTING SOMEONE ELSE. AND WHEN YOU OPEN THIS UP AND YOU

CAN SAY A FAMILY COURT CAN NOW ISSUE AN ORDER OF PROTECTION BARRING

THE OTHER SIDE FROM VISITING THEIR ADULT CHILDREN OR CALLING THEM ON THE

PHONE OR WISHING THEM A HAPPY BIRTHDAY AND THAT ADULT CHILD IS NOT

EVEN IN THE COURT, IT'S AN INVITATION FOR ABUSE.

AND SO AS THIS PROCESS GOES FORWARD, I SINCERELY HOPE

NYS ASSEMBLY MAY 21, 2024

THAT NEXT YEAR YOU'LL SEE A CHAPTER AMENDMENT, OR A VETO IF THE CASE

MAY BE, THAT BRINGS THIS DOWN SO THAT AT LEAST THE PERSON WHO IS THE --

THE PARTY TO THE ORDER OF PROTECTION WANTS IT. AT LEAST THEY WANT IT, AT

LEAST THEY SHOW UP IN COURT AND ASK FOR IT SO THAT THIS ORDER OF

PROTECTION IS NOT USED AS A WEAPON BY ONE SPOUSE AGAINST THE OTHER OR

AGAINST ONE EX AGAINST THE OTHER IN A WAY OF JUST DESTROYING THE OTHER

PERSON EMOTIONALLY. SO PLEASE, IN EMOTIONAL ISSUES LIKE THIS WE NEED

TO STRIKE THAT BALANCE, AND SADLY, IN MY OPINION, THIS LANGUAGE DOES NOT

STRIKE THAT BALANCE. SO I HOPE AS WE GO FORWARD WE STRIKE THAT BALANCE

IN A MORE APPROPRIATE MANNER. FOR THAT REASON I CANNOT SUPPORT IT, BUT

I APPRECIATE THE DESIRE TO MAKE AN ORDER OF PROTECTION AVAILABLE IN THE

BROADER CATEGORY, BUT WE WANT TO MAKE SURE THAT THAT ORDER OF

PROTECTION IS ISSUED IN APPROPRIATE CASES ONLY. THANK YOU, SIR; THANK

YOU, MA'AM.

ACTING SPEAKER JEAN-PIERRE: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER JEAN-PIERRE: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BEEPHAN TO EXPLAIN HIS VOTE.

MR. BEEPHAN: THANK YOU, MADAM SPEAKER. I

WANT TO START WITH COMMENDING THE SPONSOR, MR. CUNNINGHAM, FOR HIS

LEADERSHIP ON THIS BILL. NOT ONLY IS THIS A WIN FOR DOMESTIC VIOLENCE

VICTIMS ACROSS OUR STATE, IT'S A WIN FOR THE CHIANESE FAMILY. AND MR.

NYS ASSEMBLY MAY 21, 2024

CUNNINGHAM ACTUALLY TRAVELED INTO MY DISTRICT ON SEVERAL OCCASIONS TO

MEET WITH CHERYL AND MELANIE'S SON MILES, AND GET TO KNOW THE FAMILY

AND BE VERY INTIMATE WITH HAPPENED THAT TRAGIC DAY IN OUR DISTRICT.

AND I'D ALSO LIKE TO THANK SENATORS HINCHEY AND CUNNING -- ROLISON

FOR GETTING THIS BILL PASSED IN THE SENATE UNANIMOUSLY TWICE, AND MANY

OF YOU HERE IN THIS ROOM WHO I WON'T LIST, BUT HAVE SUPPORTED THIS BILL

IN MANY WAYS.

YOU KNOW, MELANIE GREW UP JUST FIVE MINUTES AWAY

FROM ME. WE ATTENDED MANY OF THE SAME RESTAURANTS, SIMILAR SCHOOLS,

AND WE SHARED A NUMBER OF MUTUAL FRIENDS AND SHE WAS BELOVED BY ALL.

YOU KNOW, AND THIS SITUATION RIGHT HERE IS THE WORST OF THE WORST. IT IS

THE EXTREMES OF ALL SITUATIONS THAT WE SEE IN DOMESTIC VIOLENCE. BUT

THIS LOOPHOLE THAT EXISTS JUST BECAUSE YOU'RE OVER THE AGE OF 18 AND

CAN'T GET A RESTRAINING ORDER IN FAMILY COURT, THAT'S SOMETHING THAT

SHOULD HAVE NEVER EXISTED. YOU KNOW, MELANIE WAS GIVEN THE

OPPORTUNITY TO GO TO CRIMINAL COURT, BUT SHE WAS A SINGLE MOM, SHE WAS

IN SCHOOL, SHE WAS WORKING. SHE DIDN'T HAVE THE TIME OR RESOURCES TO

DO SO TO JOIN THAT CAUSE AND FIGHT FOR HER OWN SAFETY. AND WHILE, YOU

KNOW, OTHERS HAVE SAID THAT THEY DON'T KNOW IF SHE HAD A CAUSE TO

OBTAIN A RESTRAINING ORDER, I BELIEVE SHE DID. BUT I WON'T GO ON FOR TOO

LONG.

BUT AGAIN, THANK YOU TO EVERYONE THAT HAS SUPPORTED

THIS BILL, THANK YOU TO THE SPONSOR, AND I PROUDLY VOTE IN THE

AFFIRMATIVE. AND MAY THIS DAY BE A BITTERSWEET BUT A POSITIVE DAY FOR

THE CHIANESE FAMILY.

NYS ASSEMBLY MAY 21, 2024

ACTING SPEAKER JEAN-PIERRE: MR.

CUNNINGHAM TO EXPLAIN HIS VOTE.

MR. CUNNINGHAM: THANK YOU, MADAM SPEAKER,

FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. EVERY MINUTE, 20 INDIVIDUALS

ACROSS NEW YORK STATE AND THE COUNTRY ARE VICTIMS OF DOMESTIC

VIOLENCE; ONE IN FOUR WOMEN AND ONE IN NINE MEN. I WANT TO

PERSONALLY THANK CHERYL FOR SHARING HER STORY OF HER DAUGHTER MELANIE,

WHO WAS VICIOUSLY MURDERED AT THE HANDS OF HER ABUSER. BECAUSE SHE

SHARED HER STORY AND BECAUSE WE WERE ABLE TO TALK ABOUT HER STORY, I'M

HOPEFUL AND CONFIDENT THIS LOOPHOLE THAT EXISTS WILL BE CLOSED AND

THERE'LL BE LESS VICTIMS WHO ARE IMPACTED. I ALSO WANT TO THANK A.J.

BEEPHAN, MY COLLEAGUE, FOR HIS BIPARTISAN SUPPORT ON THIS PIECE OF

LEGISLATION, FOR ALLOWING ME INTO YOUR DISTRICT AND ALLOWING ME TO SHARE

THIS PAINFUL STORY, BUT HOPEFULLY TODAY, ONE THAT WILL HAVE AN OUTCOME

THAT'S BETTER FOR OTHER NEW YORKERS ACROSS THE STATE OF NEW YORK.

I PROUDLY VOTE IN THE AFFIRMATIVE ON THIS LEGISLATION

AND LOOK FORWARD TO ITS PASSAGE.

ACTING SPEAKER JEAN-PIERRE: MRS. PEOPLES-

STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I FIRST WANT TO BEGIN

BY COMMENDING THE SPONSOR OF THIS LEGISLATION AND HIS COSPONSOR,

ACTUALLY. THESE -- THESE THINGS ARE VERY, VERY DIFFICULT. AND I ACTUALLY

WANT TO COMMEND MY COLLEAGUE ON THE OTHER SIDE OF THE AISLE FOR HER

VERY POSITIVE AND CONSTRUCTIVE DEBATE. HOWEVER, WHEN THESE THINGS

NYS ASSEMBLY MAY 21, 2024

HAPPEN, WE -- WE ALWAYS ANTICIPATE THAT WHEN WE INTRODUCE LEGISLATION

THAT THERE IS GOING TO BE A CHANGE, AND THAT CHANGE IS GONNA BE FOR THE

BETTER. IT'S GONNA BE FOR THE BETTER OF THE MOM WHO WISHES HER

DAUGHTER WOULD HAVE HAD THE OPPORTUNITY TO BE PROTECTED, AND

HOPEFULLY IT WOULD BE BETTER FOR THOSE PEOPLE WHO DON'T INTEND TO

FOLLOW THE LAWS, WHO DON'T CARE HOW MANY LAWS WE MAKE. BUT I THINK

WE HAVE TO AT LEAST TRY TO PROTECT PEOPLE, AND I THINK THIS IS WHAT THAT

EFFORT IS, AND I DO APPRECIATE THEM FOR MAKING THIS EFFORT AND I'M

PLEASED TO VOTE IN THE AFFIRMATIVE ON IT.

ACTING SPEAKER JEAN-PIERRE: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 13, CALENDAR NO. 62, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02118, CALENDAR NO.

62, DINOWITZ, COLTON, PAULIN, SEAWRIGHT. AN ACT TO AMEND THE GENERAL

BUSINESS LAW, IN RELATION TO ARBITRATION ORGANIZATIONS.

ACTING SPEAKER JEAN-PIERRE: AN

EXPLANATION HAS BEEN REQUESTED.

MR. DINOWITZ: AND ONE WILL BE GIVEN. THIS BILL

WOULD REQUIRE A PRIVATE ARBITRATION ORGANIZATION INVOLVED IN 50 OR

MORE CONSUMER ARBITRATION PROCEEDINGS ANNUALLY TO MAKE PUBLICLY

AVAILABLE A SEARCHABLE COMPUTER DATABASE CONTAINING INFORMATION

REGARDING EACH CONSUMER ARBITRATION IT HAS ADMINISTERED OR OTHERWISE

BEEN INVOLVED IN DURING THE PRECEDING FIVE YEARS.

NYS ASSEMBLY MAY 21, 2024

ACTING SPEAKER JEAN-PIERRE: MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE BILL

SPONSOR YIELD?

ACTING SPEAKER JEAN-PIERRE: WILL THE

SPONSOR YIELD?

MR. DINOWITZ: YES.

ACTING SPEAKER JEAN-PIERRE: THE SPONSOR

YIELDS.

MR. GOODELL: THANK YOU, MR. DINOWITZ. I NOTE

THAT THIS WOULD REQUIRE DETAILED REPORTING ON ALL ARBITRATION CASES THAT

ARE HEARD BY CERTAIN ORGANIZATIONS WITHIN THE PRECEDING FIVE YEARS.

MR. DINOWITZ: I THINK I JUST SAID THAT, YEAH.

MR. GOODELL: YES. AND BUT IF YOU LOOK ON PAGE

2, LINE 31, IT SAYS THIS LAW APPLIES TO CONSUMER ARBITRATIONS COMMENCED

ON OR AFTER JANUARY 1, 2025. SO IS THAT FIVE-YEAR LOOKBACK STARTING ON

JANUARY 1, 2025 AND SO AT THE END OF '26 THERE'D BE -- OR END OF '25

THERE'D BE A ONE-YEAR LOOKBACK AND THEN THE NEXT YEAR THERE'D BE TWO

YEARS AND SO ON?

MR. DINOWITZ: I THINK THE LATTER. IT SAYS ANY

CONSUMER ARBITRATION COMMENCED ON OR AFTER THAT DATE, SO WE'RE NOT

LOOKING BACK BEFORE THAT DATE.

MR. GOODELL: SO THIS BILL WOULD REQUIRE

ARBITRATION ORGANIZATIONS TO TABULATE, CORRELATE, PUT TOGETHER

INFORMATION GOING BACK RETROACTIVELY FIVE YEARS?

MR. DINOWITZ: THAT'S EXACTLY THE OPPOSITE OF

NYS ASSEMBLY MAY 21, 2024

WHAT I JUST SAID.

MR. GOODELL: OKAY, SO IT WOULD ONLY APPLY

PROSPECTIVELY.

MR. DINOWITZ: IT APPLIES STARTING NEXT YEAR AND

IT'LL -- THEY HAVE TO HAVE FOR FIVE YEARS THE INFORMATION.

MR. GOODELL: SO JUST SO I'M CLEAR, LET'S SAY

JANUARY 2, 2025. THEY -- DO THEY NEED THE DATA FOR ONE DAY OR FOR FIVE

YEARS AND ONE DAY?

MR. DINOWITZ: IT SAYS PRETTY CLEARLY ANY

CONSUMER ARBITRATION COMMENCED, COMMENCED, STARTED, ON OR AFTER

JANUARY 1, 2025. SO WHAT THAT MEANS, I BELIEVE, ACCORDING TO THIS IS

THAT THEY WOULDN'T BE KEEPING FIVE FULL YEARS OF RECORDS UNTIL JANUARY 1,

2030. BUT BEFORE THEN WOULD BE LESS THAN FIVE YEARS BECAUSE FIVE YEARS

WILL NOT HAVE ELAPSED BY THAT POINT. SO I GUESS YOU CAN CALL IT A

PHASE-IN.

MR. GOODELL: OKAY. I'M -- I'M GLAD YOU CLARIFIED

THAT.

MR. DINOWITZ: ALWAYS HAPPY TO CLARIFY.

MR. GOODELL: NOW, OF COURSE, GOING FORWARD IT

SAYS THAT THERE'S A REQUIRE [SIC] ALL THIS DETAILED INFORMATION FOR EVERY

ARBITRATION WITHIN THE PRECEDING FIVE YEARS. IS THAT, THEN, A FIVE-YEAR

ROLLING LOOKBACK? SO, FOR EXAMPLE, IN 2030, JANUARY 1, 2030 IT'S FIVE

YEARS BACK TO JANUARY 1, 2025. THE NEXT DAY IT'S A LOOKBACK TO JANUARY

2, 2025. IS THERE DAILY ROLLING?

MR. DINOWITZ: I BELIEVE THE REPORTS ARE DUE, I

NYS ASSEMBLY MAY 21, 2024

THINK IT'S QUARTERLY, BUT I CAN DOUBLE CHECK THAT. SO, YOU KNOW, THEY'RE

-- THEY'RE NOT DOING A DAILY REPORT OR UPDATE, IT HAS TO BE DONE

PERIODICALLY. LET ME JUST...

MR. GOODELL: WHERE'S THE REFERENCE TO QUARTERLY?

MR. DINOWITZ: I DON'T KNOW, MAYBE I MADE IT UP.

LET ME JUST DOUBLE CHECK. IT'S IN HERE SOMEWHERE. I'LL HAVE TO -- IT'LL

TAKE ME A FEW SECONDS TO FIND IT. IT -- IT'S NOT -- THEY DON'T HAVE TO

UPDATE THE REPORTS EVERY DAY, IT'S A FEW TIMES A YEAR.

(PAUSE)

WELL, I'LL HAVE TO LOOK FOR IT, BUT IT -- IT'S NOT EVERY

DAY, IT'S A -- IT'S JUST A SMALL NUMBER OF TIMES A YEAR.

MR. GOODELL: I SEE. BY THE WAY, I -- I COULDN'T

FIND ANY REFERENCE TO QUARTERLY, BUT THAT WOULD CERTAINLY MAKE SENSE.

AND IF WE REVIEW THIS BILL IN THE FUTURE WE MIGHT WANT TO ADDRESS THAT

ISSUE BECAUSE OBVIOUSLY, YOU DON'T WANT A DAILY RUNNING TOTAL GOING

BACK FIVE YEARS. THAT'S ALMOST IMAGINABLE.

MR. DINOWITZ: WELL, NUMBER ONE, I AGREE WITH ON

THAT AND, NUMBER TWO, I HOPE THAT WE PASS IT AND WE DON'T HAVE TO

REVIEW IT IN THE FUTURE BECAUSE IT'S A GREAT BILL AND WILL BE VERY HELPFUL

TO A LOT OF PEOPLE.

MR. GOODELL: NO DOUBT THAT'S YOUR VIEW.

NOW, I SEE THAT ONE OF THE THINGS THAT'S TO BE REPORTED

ON EVERY SINGLE ARBITRATION CASE OVER THAT FIVE-YEAR PERIOD IS WHETHER

OR NOT THE CONSUMER WAS THE PREVAILING PARTY. AT FIRST BLUSH THAT SEEMS

PRETTY STRAIGHTFORWARD, BUT OFTENTIMES AN ARBITRATION AWARD IS NOT 100

NYS ASSEMBLY MAY 21, 2024

PERCENT FOR ONE PARTY OR THE OTHER. SOMETIMES THEY SPLIT THE

DIFFERENCE. IN THAT CASE, HOW IS IT TO BE REPORTED? IN OTHER WORDS, YOU

MIGHT HAVE AN ARBITRATION OVER A CLAIM INVOLVING 10,000. IF THE

ARBITRATOR RULES THAT THE CONSUMER IS ENTITLED TO $100 INSTEAD OF 10,000,

IS THAT A VICTORY FOR THE CONSUMER OR FOR THE OTHER SIDE?

MR. DINOWITZ: I WOULD SAY IF THE CONSUMER WON

MORE THAN 50 PERCENT, 51 PERCENT WOULD MAKE THE CONSUMER THE

PREVAILING PARTY.

MR. GOODELL: AND AGAIN, OF COURSE THAT REFERENCE

TO 50 PERCENT IS NOT IN THE BILL, BUT CERTAINLY IT COULD BE.

MR. DINOWITZ: (INAUDIBLE/CROSSTALK).

MR. GOODELL: YES.

MR. DINOWITZ: IT'S NOT IN THE BILL.

MR. GOODELL: IT REQUIRES, AS WELL, THIS DETAILED

INFORMATION, THE NAME OF THE ATTORNEY, THE ATTORNEY'S FIRM, THE CITY THE

ATTORNEY IS IN. IS ALL THAT INFORMATION AVAILABLE TO THESE ORGANIZATIONS?

MR. DINOWITZ: WELL, IT CERTAINLY SHOULD BE. I

MEAN, WHEN YOU SAY DETAILED INFORMATION, THIS IS REALLY NOT THAT

DETAILED. IT JUST HAS A -- A RELATIVELY SHORT LIST, I THINK, OF TEN THINGS THAT

SHOULD BE INCLUDED. SO, YOU KNOW, IS TEN THINGS DETAILED? WELL, I

WOULD SAY NO.

MR. GOODELL: I SEE. AND OF COURSE PART OF THIS

BILL ELIMINATES ANY FINANCIAL INTERESTS WITH AN ARBITRATOR ON ANY PARTY.

BUT HAVEN'T WE ALREADY PASSED LEGISLATION BANNING THAT?

MR. DINOWITZ: WELL, THIS WILL MAKE IT DOUBLY

NYS ASSEMBLY MAY 21, 2024

SURE.

MR. GOODELL: DOUBLE SURE. SO IT WOULD JUST --

OKAY.

NOW, I SEE THAT ON THE ENFORCEMENT PROVISIONS YOU

CAN GO TO COURT AND SEEK AN -- A COURT ORDER, AN INJUNCTION, BUT ONLY ON

FIVE DAYS' NOTICE TO THE DEFENDANT. WHY IS IT SUCH A SHORT TIME FRAME?

NORMALLY AN ACTION IN COURT REQUIRES AT A MINIMUM 20 DAYS' NOTICE.

WHY SUCH A SORT TIME FRAME?

MR. DINOWITZ: THAT'S ENOUGH TIME.

MR. GOODELL: ENOUGH TIME? I MEAN, WE -- WE --

ARE THERE OTHER SITUATIONS WHERE WE HAVE ONLY FIVE DAYS' NOTICE OTHER

THAN --

MR. DINOWITZ: FIVE DAYS, 120 HOURS, 200 -- I

MEAN, IT'S PLENTY OF TIME.

MR. GOODELL: NOW, YOU CAN GO TO COURT AND ASK

FOR A COURT ORDER WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT,

BEEN INJURED. WHY WOULD WE OPEN UP THE COURTS IF -- FOR LITIGATION

WHERE THE -- THE PERSON HAS NOT EVEN BEEN INJURED?

MR. DINOWITZ: WELL, HOW DO WE KNOW THE

PERSON'S NOT BEEN INJURED UNLESS IT'S RESOLVED IN COURT? I MEAN, THAT'S

WHAT COURTS ARE FOR.

MR. GOODELL: WELL, AS YOU KNOW AS A PRACTICING

ATTORNEY, ONE OF THE REQUIREMENTS THAT YOU HAVE ON ANY NORMAL CIVIL

LAWSUIT OR ANY COURT PROCEEDING IS THAT YOU HAVE TO ESTABLISH STANDING

AND YOU HAVE TO ESTABLISH INJURY. YOU HAVE TO AT LEAST ALLEGE INDUSTRY

NYS ASSEMBLY MAY 21, 2024

-- INJURY, BUT THIS BILL MEANS YOU DON'T EVEN HAVE TO ALLEGE YOU ARE

INJURED; IS THAT CORRECT?

MR. DINOWITZ: I'M NOT SURE I AGREE WITH THAT.

MR. GOODELL: SO WHERE DOES IT SHOW THAT IN THIS

BILL LANGUAGE THAT YOU HAVE TO ALLEGE INJURY?

MR. DINOWITZ: I'M PRETTY SURE THAT'S IMPLICIT.

MR. GOODELL: OKAY.

NOW, IF THE COURT DETERMINES THERE'S A VIOLATION, THE

PENALTY IS $2,000 FOR EACH VIOLATION, CORRECT?

MR. DINOWITZ: I -- I THINK IT'S UP TO $2,000 FOR

EACH AND EVERY VIOLATION, A GOOD INCENTIVE NOT TO COMMIT VIOLATIONS.

MR. GOODELL: SO WOULD IT BE A VIOLATION SUBJECT

TO THIS $2,000 PENALTY IF ANY ONE OF THE NUMEROUS ITEMS WAS NOT FULLY

DISCLOSED OR WAS INACCURATE?

MR. DINOWITZ: I -- I DON'T KNOW THAT I WOULD CALL

THAT A VIOLATION PERSONALLY, BUT AGAIN, THAT WOULD BE UP TO A JUDGE TO

DECIDE, NOT UP TO ME.

MR. GOODELL: I SEE. AND WHY DO WE NEED THIS?

IS THERE A REASON, IS THERE A PROBLEM THAT'S BEEN DOCUMENTED IN NEW

YORK STATE THAT INDICATES THAT WE SHOULD REVERSE DECADES OF COURT

RULINGS AND FINDINGS THAT ARBITRATION IS A COST-EFFECTIVE, FAIR AND

EFFICIENT METHOD OF RESOLVING DISPUTES?

MR. DINOWITZ: WELL, I DON'T -- I DON'T NECESSARILY

ACCEPT YOUR STATEMENT THAT IT'S A FAIR AND WHATEVER YOU JUST SAID, AN

EFFICIENT WAY OF SOLVING DISPUTES. SOMETIMES IT IS, SOMETIMES IT IS NOT.

NYS ASSEMBLY MAY 21, 2024

I DON'T KNOW THAT IT REVERSES DECADES. BUT I THINK THIS IS REALLY ABOUT

TRANSPARENCY AND ACCOUNTABILITY SO WE HAVE INFORMATION AVAILABLE TO

THE PUBLIC, AND I THINK WE ALL AGREE THAT WE WANT THE PUBLIC TO KNOW

THINGS.

MR. GOODELL: MY QUESTION -- I'M SORRY, MAYBE I

WASN'T CLEAR, BUT MY QUESTION IS, DO YOU HAVE ANY REPORTS OR STUDIES OR

DOCUMENTATION THAT THERE'S A PROBLEM WITH ARBITRATION IN NEW YORK

STATE?

MR. DINOWITZ: I -- I THINK THERE HAVE BEEN MANY

COMPLAINTS THAT WE'VE READ ABOUT OVER TIME, WHICH IS WHY I'VE HAD A

FEW DIFFERENT BILLS RELATING TO ARBITRATION. BUT DO I HAVE A REPORT OR A --

A DETAILED REPORT LISTING DATA? THE ANSWER IS I DO NOT.

MR. GOODELL: I SEE. DO YOU HAVE ANY COURT

DECISIONS THAT QUESTION THE OVERALL EFFECTIVENESS AND EFFICIENCY OF

ARBITRATION?

MR. DINOWITZ: NOT ON ME. NO, I DON'T.

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

AS ALWAYS, I APPRECIATE YOUR ANSWERS.

MR. DINOWITZ: ANY TIME.

MR. GOODELL: SIR, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: SO THIS BILL REQUIRES EVERY

ARBITRATION ORGANIZATION WITH MORE THAN 50 ARBITRATIONS A YEAR TO KEEP

A FIVE-YEAR LIST OF EVERY SINGLE ARBITRATION THEY'VE DONE THAT DESCRIBES

NYS ASSEMBLY MAY 21, 2024

MULTIPLE ITEMS, INCLUDING, YOU KNOW, THE ZIP CODE, THE NATURE OF THE

CLAIM, WHETHER OR NOT THE CONSUMER WAS THE PREVAILING PARTY --

ALTHOUGH AS WE MENTIONED, THAT'S VERY AMBIGUOUS -- HOW MANY TIMES

THE NON-CONSUMER PARTY HAS BEEN INVOLVED. SO THEY HAVE TO MAINTAIN

A RUNNING TALLY WHETHER OR NOT THE CONSUMER WAS REPRESENTED BY

ATTORNEY, AND IF SO, ALL THE DETAILS ABOUT THE ATTORNEY. VARIOUS STATES OF

WHEN THEY RECEIVED A DEMAND, WHEN THEY ANSWERED IT, WHEN THEY

RESPONDED. THE AMOUNT OF ANY SETTLEMENT FOR EVERY SINGLE ARBITRATION.

NOW HERE'S THE ZINGER: THIS GOES ON TO SAY THAT A PARTY CAN SUE THE

ARBITRATION ORGANIZATION AND GET $2,000 FOR EVERY SINGLE VIOLATION,

WHICH THE BILL SPONSOR INDICATED WOULD BE ANY FAILURE TO ANSWER ANY

ONE OF THOSE HALF-DOZEN QUESTIONS FOR EVERY SINGLE ARBITRATION. MAKE

NO MISTAKE ABOUT IT, THIS BILL IS REALLY INTENDED TO KILL ARBITRATION IN

NEW YORK STATE BY IMPOSING A VERY HIGH POTENTIAL LIABILITY FOR FAILURE

TO REPORT ON CASES WHERE THE STATUTE SAYS THE PERSON WHO IS

COMPLAINING DIDN'T EVEN ALLEGE OR SHOW ANY INJURY.

NOW, THE NEW YORK COURTS AND OTHERS HAVE

REPEATEDLY HELD THAT ARBITRATION IS A CHOICE BETWEEN THE PARTIES.

THERE'S NO MANDATORY ARBITRATION IN NEW YORK STATE EXCEPT IN

EMPLOYEE RELATIONS. IT'S A CHOICE BETWEEN PARTIES. IT'S FASTER THAN THE

COURT SYSTEM, IT'S LESS EXPENSIVE THAN THE COURT SYSTEM. IT'S MORE

EFFICIENT, IT ALLOWS PEOPLE TO COME TO A QUICK RESOLUTION. IT HAS BEEN

REPEATEDLY UPHELD BY THE COURTS AS A PREFERRED MECHANISM FOR SMALLER

CONSUMER TRANSACTIONS. AND AS AN ATTORNEY, A PRACTICING ATTORNEY, I

HAVE TO TELL YOU, IF YOU HAVE A CLIENT WHO HAS AN OPTION TO GO WITH

NYS ASSEMBLY MAY 21, 2024

ARBITRATION AS OPPOSED TO GOING TO COURT, YOU ALWAYS RECOMMEND

ARBITRATION BECAUSE IT IS SO MUCH FASTER, EASIER, LESS EXPENSIVE, AND IT

HELPS THE CONSUMERS. WE SHOULD NOT PASS LEGISLATION THAT HURTS THE

CONSUMERS BY BASICALLY THREATENING ARBITRATION ORGANIZATIONS WITH

EXCESSIVE FINES FOR RECORDKEEPING WHEN NO ONE EVEN ALLEGES THAT THEY

WERE HURT.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. RA.

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

YIELD?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: SURE.

MR. RA: SO JUST A -- A FEW QUESTIONS. DO YOU HAVE

ANY SENSE OF HOW MANY OF THESE ORGANIZATIONS WOULD BE IMPACTED BY

THIS? YOU KNOW, MY QUESTION REALLY STEMS FROM THE FACT THAT WHY IS IT

THOSE THAT DO 50 PER YEAR AS OPPOSED TO 25 AS OPPOSED TO 100?

MR. DINOWITZ: WE COULD CHANGE IT TO 25 IF -- IF

(INAUDIBLE/CROSS-TALK).

MR. RA: I'M NOT -- I'M NOT ASKING YOU TO DO THAT AT

ALL, I'M ASKING IF THERE IS A, YOU KNOW, A REASON BEHIND THE 50 NUMBER

IF WE KNOW THAT WE'RE THAT'S -- THAT'S WHERE MOST OF THE MAJOR PLAYERS

IN THIS ARE OR WHAT -- WHAT THE REASON BEHIND THAT IS.

MR. DINOWITZ: I -- I THINK THERE IS DEFINITELY A

REASON, AND THAT IS THAT IT'S SORT OF A HAPPY MEDIUM BETWEEN, LET'S SAY,

NYS ASSEMBLY MAY 21, 2024

100, WHICH WOULD EXCLUDE TOO MANY ORGANIZATIONS, AND 25 ON THE

OTHER END, WHICH MIGHT INCLUDE TOO MANY. NOW, I COULDN'T GIVE YOU

THE EXACT NUMBER OF ORGANIZATIONS THAT WOULD BE INVOLVED, BUT THAT

SEEMS TO BE SORT OF A HAPPY MIDDLE GROUND.

MR. RA: OKAY. SO -- SO YOU WOULD -- I -- I GUESS

YOU WOULD GET THE SENSE THAT THOSE THAT ARE INVOLVED IN THIS, MAYBE

SOME DO ONLY A FEW BUT THE MAJOR PLAYERS PROBABLY DO A LARGER NUMBER

AND WOULD BE CAUGHT UP IN THE 50 NUMBER?

MR. DINOWITZ: IT'S KIND OF LIKE NOT TOO HOT, NOT

TOO COLD, JUST RIGHT.

MR. RA: OKAY. AND THEN SO PAST THAT, I -- I GUESS

THE END OF THE DAY, RIGHT, THESE DISCLOSURE PROVISIONS, TO ME, ARE GETTING

AT THE IDEA THAT YOU'RE GOING TO HAVE, YOU KNOW, HOW MANY CASES HAVE

GONE THROUGH THERE, WHAT THE RESULTS WERE GONNA BE. AND, TO ME, THE

IDEA WOULD SEEM TO BE THAT SOME PARTY IS GOING TO TRY TO MAKE A CASE

THAT THERE IS SOME BIAS; IS THAT FAIR?

MR. DINOWITZ: I THINK THAT'S POSSIBLE IF -- IF IN A

GIVEN ORGANIZATION -- ARBITRARY ORGANIZATION, IF IT TURNS OUT THAT OUT OF

THEIR 75 CASES THAT THERE'S A RECORD FOR THAT 70 ARE RESOLVED ON ONE SIDE,

NAMELY NOT THE CONSUMER, IT MIGHT SUGGEST THAT PERHAPS THEY'RE NOT AS

EVEN-HANDED AS YOU WOULD HOPE THEY WOULD BE. ON THE OTHER HAND, IF

-- IF CASES ARE MORE DISTRIBUTED EVENLY, I'M NOT SAYING IT HAS TO BE AN

EXACT HALF-AND-HALF, BUT IF IT'S MORE EVENLY DISTRIBUTED THAT WOULD SAY

SOMETHING MORE POSITIVE ABOUT THEM -- THEM AND A CONSUMER MIGHT

WANT TO KNOW THAT INFORMATION BEFOREHAND.

NYS ASSEMBLY MAY 21, 2024

MR. RA: OKAY. NOW, AND -- AND I HAVE SOME

QUESTIONS WITH REGARD TO THAT IN PARTICULAR AND -- AND THE POINT WITH

MR. GOODELL WITH WHO THE PREVAILING PARTY IS. BUT WE CURRENTLY HAVE A

PROVISION WITHIN THE CPLR THAT WOULD ALLOW THE VACATING OF AN

ARBITRATION AWARD BASED ON THE PARTIALITY OR BIAS OF THE ARBITRATOR,

CORRECT?

MR. DINOWITZ: I WOULD HAVE, YES.

MR. RA: SO DO YOU FEEL THAT IT'S INADEQUATE THAT WE

HAVE THAT REMEDY ALREADY IF THERE IS SOME BIAS, OR IS THIS DESIGNED TO

GIVE, YOU KNOW, THE CONSUMER PARTY MORE INFORMATION TO HELP THEM GO

INTO COURT UNDER THAT PROVISION AND TRY TO VACATE AN AWARD?

MR. DINOWITZ: WELL, I DON'T THINK IT'S DESIGNED TO

GIVE ANY PARTICULAR SIDE MORE AMMUNITION; HOWEVER, I THINK THAT

ANYBODY, BUT YES, ESPECIALLY CONSUMERS, WOULD LIKE TO HAVE AN IDEA IF

A GIVEN ORGANIZATION MIGHT APPEAR TO BE BIASED. SO BY HAVING

TRANSPARENCY, BY HAVING -- IT WOULD -- IT WOULD INCREASE ACCOUNTABILITY,

IT WOULD -- IT WOULD ALLOW PEOPLE TO MAKE A MORE INTELLIGENT DECISION

BASED ON HAVING INFORMATION -- OH, BY THE WAY, JUST TO INTERJECT, MR.

GOODELL SHOULD LOOK ON LINE 12 OF THE BILL HE'LL FIND THE WORD

"QUARTERLY." I KNEW I DIDN'T MAKE THAT UP, IT'S THERE.

MR. RA: I THINK HE HEARD -- I THINK HE HEARD THAT.

THANK YOU, MR. DINOWITZ.

SO JUST IN TERMS OF THE PREVAILING PARTY. I KNOW YOU

SAID, OKAY, 51 PERCENT AND YEAH, THERE MAY BE SITUATIONS WHERE IT'S THAT

CLEARCUT. BUT WHAT ABOUT WHERE THERE -- THERE MAY BE THINGS OTHER THAN

NYS ASSEMBLY MAY 21, 2024

MONEY AT STAKE? HOW -- I STILL THINK THAT CAN BE VERY AMBIGUOUS AS TO

WHO ULTIMATELY -- TO BOIL IT DOWN TO THIS SIDE PREVAILED OR THAT SIDE

PREVAILED WHEN, IN FACT, THERE MAY BE TIMES THAT, YOU KNOW, THEY SPLIT

THE DIFFERENCE BUT IT MAY NOT JUST BE -- MAYBE ONE GOT 51 PERCENT OR

MORE MONEY-WISE, BUT MAYBE THERE'S SOME OTHER PIECE OF THE

CONVERSATION THAT THE OTHER SIDE GOT AND -- AND THAT MAKES IT A LITTLE LESS

CLEAR WHO THE PREVAILING PARTY IS.

MR. DINOWITZ: WELL, I -- I -- I WOULD SAY THAT

WE'RE NOT TALKING ABOUT A FORM WHERE YOU CHECK OFF PREVAILING PARTY,

YOU KNOW, THE CONSUMER OR OTHER -- YOU KNOW, THE OTHER SIDE. YOU'RE

NOT CHECKING OFF A BOX. IN SOME CASES YOU MAY NEED TO EXPLAIN. IT'S

SORT OF LIKE THE DIFFERENCE BETWEEN A SHORT-ANSWER QUESTION AND AN

ESSAY QUESTION. SO IN THOSE CASES THERE COULD BE AN EXPLANATION, I

WOULD THINK.

MR. RA: WELL, I MEAN, ON PAGE 2 OF THE BILL, LINE 4

SAYS WHETHER THE CONSUMER WAS THE PREVAILING PARTY. THAT DOESN'T

SEEM TO INDICATE THAT THERE'S ANY EXPLANATION, IT JUST IS A YES OR NO

QUESTION.

MR. DINOWITZ: WELL, IT DOESN'T SAY THAT. IT DOESN'T

SAY, WELL, THE CONSUMER IS THE PREVAILING PARTY. I SUPPOSE THE ANSWER

CAN BE, WELL, IN THIS CASE THE CONSUMER PREVAILED IN PART AND THE

OPPOSITION PREVAILED IN PART. THERE'S NO REASON THAT CAN'T BE INDICATED.

THAT'S ALSO IMPORTANT INFORMATION TO HAVE.

MR. RA: IT -- IT COULD BE BUT, I -- I DO NOT THINK IT

REALLY SAYS THAT. I -- I THINK WHETHER THE CONSUMER WAS THE PREVAILING

NYS ASSEMBLY MAY 21, 2024

PARTY WOULD SEEM TO INDICATE TO ME A YES -- YES OR NO QUESTION, SO

MAYBE THAT'S SOMETHING THAT SHOULD BE LOOKED INTO TO -- TO MAKE THAT A

LITTLE MORE CLEAR AS THAT (INAUDIBLE/CROSSTALK).

MR. DINOWITZ: OKAY, I MEAN, I -- I UNDERSTAND

WHAT YOU'RE SAYING, BUT NOT EVERYTHING, YOU KNOW, WE'RE NOT LIKE

SITTING IN A COURT WHERE YOU HAVE TO SAY YES OR NO. NOT EVERYTHING CAN

BE ANSWERED YES OR NO. SOMETIMES IT REQUIRES A LITTLE BIT OF AN

EXPLANATION.

MR. RA: I -- I WOULD AGREE, WHICH IS WHY I THINK THIS

IS A LITTLE VAGUE STILL.

SO, LASTLY, JUST IN TERMS OF THE DISCLOSURES, I KNOW IT

TALKS ABOUT JUST GOING UP TO THE PREVIOUS ONE -- I JUST TALKED ABOUT IT

BEFORE, NUMBER THREE -- IF -- IF IT'S AN EMPLOYMENT MATTER. NOW, IS

THERE ANYTHING IN HERE THAT PERHAPS, YOU KNOW, AN EMPLOYEE WANTS

SOME LEVEL OF PRIVACY TO -- TO -- BECAUSE, YOU KNOW, IF YOUR -- YOU HAVE

A ZIP CODE, YOU -- YOU DON'T HAVE PERSONALLY-IDENTIFIED INFORMATION,

CORRECT, OF -- OF THAT NON-CONSUMER PARTY. BUT IT SEEMS TO ME THAT IT

COULD BE A SITUATION WHERE SOMEBODY COULD IDENTIFY THE -- WHO THE

INDIVIDUAL IS BASED ON THE CIRCUMSTANCES, WHO THE -- WHO THE

NON-CONSUMER PARTY IS, ALL OF THAT. IS THERE ANYTHING THAT WOULD ALLOW

THAT -- THAT CONSUMER, SO-TO-SPEAK, OR MAYBE IF IT'S AN EMPLOYEE, TO

HAVE SOME INFORMATION FURTHER REDACTED OR NOT INCLUDED IN A -- IN A

REPORT FOR THEIR PRIVACY AFTER THEY HAVE GONE THROUGH ONE OF THESE

PROCEEDINGS?

MR. DINOWITZ: I -- I'M LOOKING HERE AND I'M JUST

NYS ASSEMBLY MAY 21, 2024

WONDERING WHAT IT IS THAT WOULD POSSIBLY NEED TO BE REDACTED FOR THE

SAKE OF THEIR PRIVACY AND I DON'T --

MR. RA: WELL, PERHAPS THEY DON'T WANT THEIR ANNUAL

SALARY BEING DISCLOSED.

MR. DINOWITZ: WELL, I DON'T SEE THEIR NAME IN

HERE.

MR. RA: WELL, JUST -- JUST BECAUSE THE NAME ISN'T

THERE, I -- I THINK SOMETIMES THESE SITUATIONS, LIKE I SAID, YOU'RE GONNA

HAVE -- YOU'RE GONNA HAVE, YOU KNOW, WHERE THE PERSON LIVES IN

GENERAL, YOU'RE GONNA KNOW WHO THE -- WHO THE NON-CONSUMER PARTY IS,

AND I THINK WITHIN AN ORGANIZATION THAT MAY BE SOMETHING THAT PEOPLE

COULD FAIRLY EASILY FIGURE OUT WHO THEY'RE TALKING ABOUT.

MR. DINOWITZ: WELL, IT -- IT SAYS HERE THE STATE

AND THE ZIP CODE. SO I DON'T KNOW ABOUT YOUR ZIP CODE, BUT I'M SURE

THERE ARE A LOT OF PEOPLE IN IT, BUT MY ZIP CODE PROBABLY HAS 75,000 OR

MAYBE MORE PEOPLE IN IT, AND I DON'T THINK THAT'S GOING TO GIVING AWAY

WHO I AM IF I WAS THE INDIVIDUAL INVOLVED.

MR. RA: OKAY. BUT SUPPOSE I WORK FOR A, YOU

KNOW, AN EMPLOYER THAT HAS 20 EMPLOYEES AND -- AND I HAVE A SITUATION

WHERE I HAVE TO GO TO AN ARBITRATION PROCEEDING WITH MY EMPLOYER, AND

MY CO-WORKERS KNOW I'M THE ONLY ONE WHO LIVES IN A CERTAIN ZIP CODE.

MR. DINOWITZ: I DON'T KNOW WHERE YOU COME UP

WITH THESE THINGS. I -- I REALLY DON'T SEE THE -- THE CONCERN THAT YOU'RE

RAISING IN THIS BILL AS FAR AS THAT.

MR. RA: I -- I COME UP WITH THEM BECAUSE I THINK

NYS ASSEMBLY MAY 21, 2024

SOMETIMES WE HAVE TO THINK ABOUT VERY SPECIFIC SCENARIOS THAT COULD

HAPPEN UNDER A PIECE OF LEGISLATION.

MR. DINOWITZ: I MEAN, VIRTUALLY ANYTHING CAN

HAPPEN TO ANYTHING, ANYWHERE, ANY TIME, BUT THAT DOESN'T MEAN THAT

THERE IS EVEN THE REMOTEST CHANCE OF THAT HAPPENING IN THE CASE THAT

YOU'RE DESCRIBING.

MR. RA: THANK YOU, MR. DINOWITZ.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: THANK YOU. SO WE'VE PASSED ANY NUMBER

OF BILLS OVER THE YEAR REGARDING ARBITRATION. AS MY COLLEAGUE STATED

EARLIER, IN A LOT OF INSTANCES THERE ARE AN OPPORTUNITY TO RESOLVE A

DISPUTE MORE QUICKLY, IN A CHEAPER MANNER THAN GOING THROUGH A COURT

PROCEEDING. WE KNOW HOW BACKED UP SO MANY OF OUR COURTS ARE RIGHT

NOW. THIS SEEMS TO BE, YOU KNOW, REALLY DESIGNED TO -- TO FURTHER JUST

DRIVE US AWAY FROM EVER USING THESE ARBITRATION PROCEEDINGS. I AM ALL

FOR TRYING TO MAKE THEM MORE FAIR, I'M ALL FOR TRYING TO HELP THE

CONSUMER WHEN THEY'RE IN A -- IN A TRANSACTION WHERE, YOU KNOW,

THEY'RE DEALING WITH A LARGE CORPORATION. BUT -- BUT I THINK THAT SOME

OF THESE ARE VERY ONEROUS AND, IN PARTICULAR, I THINK -- I THINK THE IDEA

OR AT LEAST AS IT'S STATED HERE, I THINK IT'S VAGUE ABOUT THE PREVAILING

PARTY BECAUSE I -- TO ME, I READ THIS AS YOU CAN JUST SAY WHO PREVAILED

BECAUSE IT SAYS -- IT JUST SAYS WHETHER THE CONSUMER WAS THE PREVAILING

PARTY. SO YOU -- THAT, TO ME, IS A YES OR NO QUESTION. MAYBE THERE

MIGHT BE A SITUATION WHERE -- WHERE THE ARBITRATION ORGANIZATION WANTS

NYS ASSEMBLY MAY 21, 2024

TO PROVIDE MORE INFORMATION, AND -- AND I WOULD AGREE THE BILL DOESN'T

SAY THEY CAN'T PROVIDE MORE INFORMATION. BUT IT DOESN'T -- IT CERTAINLY

DOESN'T REQUIRE IT.

SO THOSE ARE SOME OF MY CONCERNS I HAVE WITH THIS

PIECE OF LEGISLATION, AND -- AND I'M GOING TO BE VOTING IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: 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 IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT SHOULD VOTE YES ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE DEMOCRATIC MAJORITY CONFERENCE WILL BE IN FAVOR OF THIS

PIECE OF LEGISLATION.

ACTING SPEAKER AUBRY: THANK YOU BOTH.

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.

NYS ASSEMBLY MAY 21, 2024

PAGE 18, CALENDAR NO. 132, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04750-A, CALENDAR

NO. 132, EPSTEIN, BURDICK, DICKENS, GALLAGHER, KELLES, GLICK, REYES,

CUNNINGHAM, RAGA, CRUZ, SEAWRIGHT, DAVILA, LEVENBERG. AN ACT TO

AMEND THE REAL PROPERTY LAW AND THE GENERAL OBLIGATIONS LAW, IN

RELATION TO PROHIBITING RESIDENTIAL LANDLORDS FROM CHARGING TENANTS A

FEE FOR A DISHONORED RENT CHECK IN EXCESS OF THE ACTUAL COSTS OR FEES

INCURRED BY SUCH LANDLORD AS A RESULT THEREOF.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GOODELL: THIS BILL IS A LEGISLATIVE

INTERFERENCE WITH EXISTING CONTRACTS THAT MIGHT APPLY BETWEEN

LANDLORDS AND TENANTS BECAUSE IT SAYS THAT NOTWITHSTANDING WHAT YOUR

LEASE PROVIDES, IF THERE'S A BAD CHECK THAT'S BOUNCED YOU CANNOT CHARGE

MORE THAN YOUR ACTUAL COST, CHARGES OR FEES INCURRED BY THE LANDLORD.

SO AS YOU MIGHT EXPECT, AS WITH OFTEN THE CASE WITH CONTRACTS THERE'S

TYPICALLY A FLAT FEE, A BOUNCED CHECK FEE OF $20 OR $30 OR WHATEVER.

AND THAT REFLECTS NOT ONLY THE BANK CHARGES THAT YOU GET, BUT ALSO THE

COSTS INCURRED BY THE OTHER PARTY IN CORRECTING THEIR RECORDS, UPDATING

THINGS, FOLLOWING UP, SENDING A NEW BILL AND EVERYTHING ELSE. IF A

TENANT'S CHECK BOUNCES, THE CONSEQUENCES TO THE LANDLORD CAN BE MUCH

MORE THAN JUST THE BANK FEE. IT CAN AFFECT THEIR BALANCE SHEET, HOW

MUCH CASH THEY HAVE AVAILABLE, WHETHER OR NOT THEY HAVE DELAYED

EVICTION PROCEEDINGS OR TAKEN OTHER STEPS. SO I DON'T THINK IT'S

NYS ASSEMBLY MAY 21, 2024

APPROPRIATE FOR US AS THE LEGISLATURE TO DICTATE THE TERMS AND

CONDITIONS OF A LEASE AS LONG AS THOSE LEASE TERMS ARE REASONABLE,

WHICH IS ALREADY A REQUIREMENT OF THE LAW.

FOR THAT REASON I WILL NOT SUPPORT THIS BILL AND

RECOMMEND MY COLLEAGUES VOTE AGAINST IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

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 IS GENERALLY OPPOSED TO THIS. THOSE WHO WISH TO SUPPORT IT

SHOULD CERTAINLY VOTE YES ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE DEMOCRATIC MAJORITY WILL BE VOTING IN FAVOR OF THIS ONE;

HOWEVER, THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN EXCEPTION.

THEY SHOULD FEEL FREE TO CAST THEIR VOTES AT THEIR SEATS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU BOTH.

THE CLERK RECORDED THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE. OVER THE YEARS WE HAVE SEEN TENANTS GET HUGE COSTS

NYS ASSEMBLY MAY 21, 2024

RELATED TO A BOUNCED CHECK FEE THAT COULD HAVE BEEN A MISTAKE OF THE

BANK, YOU KNOW, ISSUES WHERE WITH TIMING ON DEPOSITS. SOMETIMES

PEOPLE REQUEST A DATE TO DEPOSIT IT AND THERE'S A MIXUP IN THE SYSTEM.

WE'RE JUST TRYING TO LIMIT THE EXPOSURE THAT TENANTS HAVE TO ENSURE THAT

THE COSTS THEY'RE PAYING ARE REASONABLE AND APPROPRIATE, AND THAT'S WHAT

THE BILL OUTLINES TO DO. I ENCOURAGE ALL MY COLLEAGUES TO VOTE IN FAVOR

OF THIS LEGISLATION.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

NOW BRING OUR ATTENTION TO CALENDAR NO. 389. IT'S ASSEMBLY BILL 4563

BY MR. STIRPE.

ACTING SPEAKER AUBRY: CERTAINLY. PAGE 32 --

31, CALENDAR NO. 389, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04563, CALENDAR NO.

389, STIRPE, MCMAHON, STECK, BRONSON, LUPARDO, GUNTHER, DARLING,

OTIS, LEVENBERG. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN

RELATION TO INCLUDING LAKES IN ADOPT-A-MUNICIPAL PARK, SHORELINE OR

ROADWAY PROGRAMS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

STIRPE, THE SENATE BILL IS BEFORE THE HOUSE, THE SENATE BILL IS ADVANCED.

NYS ASSEMBLY MAY 21, 2024

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

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

I WILL BE SUPPORTING THIS BILL. WHAT THIS BILL DOES IS ALLOWS

MUNICIPALITIES TO EXPAND THEIR ADOPT-A-PARK PROGRAM OR ADOPT-A-

ROAD PROGRAM TO INCLUDE ADOPT-A-LAKE, AND IT WOULD ALLOW THEM

VOLUNTEERS UNDER THE AUSPICES OF THE MUNICIPALITY TO ENGAGE IN

ACTIVITIES TO CLEAN UP SHORELINES OF LAKES. AND SINCE I HAVE FIVE LAKES

IN MY DISTRICT, CLEANING UP THAT SHORELINE IS A GREAT THING, AND IF

VOLUNTEERS WOULD -- ARE WILLING TO HELP, GOD BLESS THEM. I WOULD NOTE,

HOWEVER, FOR MY COLLEAGUES THAT THE NEW YORK STATE TRIAL LAWYERS

ASSOCIATION IS OPPOSED TO THIS BILL BECAUSE YOU MAY RECALL THAT THE

ADOPT-A-PARK PROGRAM AND ADOPT-A-ROAD PROGRAM AND THESE OTHER

SIMILAR PROGRAMS ALL HAVE A WAIVER OF LIABILITY FOR THE MUNICIPALITY.

AND NOT SURPRISINGLY, THE NEW YORK STATE TRIAL LAWYERS ASSOCIATION

IS APPALLED THAT THEY CAN'T SUE MUNICIPALITIES IF A VOLUNTEER GETS HURT

CLEANING UP A PARK OR A ROADWAY, OR IN THIS CASE A SHORELINE.

SO THERE IS THE OPPOSITION FROM THE NEW YORK TRIAL

LAWYERS ASSOCIATION, BUT NOTWITHSTANDING THAT I WELCOME ALL THE

EFFORTS BY VOLUNTEERS IN MY COUNTY TO HELP CLEAN UP OUR LAKES. THANK

NYS ASSEMBLY MAY 21, 2024

YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

NOW BRING OUR ATTENTION TO OUR RESOLUTIONS ON PAGE 3.

ACTING SPEAKER AUBRY: RESOLUTIONS ON PAGE

3, ASSEMBLY NO. 2225, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 2225, RULES

AT THE REQUEST OF MR. SAYEGH.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 21, 2024, AS TELEPRACTICE AWARENESS

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. SAYEGH ON THE

RESOLUTION.

MR. SAYEGH: THANK YOU VERY MUCH. I'M PROUD TO

RISE TO PROCLAIM MAY 21, 2024 AS TELEPRACTICE AWARENESS DAY IN THE

STATE OF NEW YORK. TELEPRACTICE IS THE APPLICATION OF

TELECOMMUNICATIONS TECHNOLOGY TO DELIVER PROFESSIONAL SERVICES AT A

DISTANCE BY LINKING CLINICIANS TO CLIENTS AND CLINICIANS TO CLINICIANS FOR

ASSESSMENT, INTERVENTION AND/OR CONSULTATION. AND WE LEARNED DURING

COVID-19 THAT ESPECIALLY INDIVIDUALS WITH HEARING OR SPEECH

NYS ASSEMBLY MAY 21, 2024

DISABILITIES WERE RECEIVING ONLY SOME 27 PERCENT OF THE REQUIRED

SERVICES THEY NEEDED. AND THAT, IN TURN, EXTREMELY LIMITED THE PROPER

DEVELOPMENT THAT THESE INDIVIDUALS SO DESPERATELY NEEDED. AND

ESPECIALLY IN A TIME WHEN WE, THE LAST NUMBER OF DECADES, HAVE

LEARNED TO EXPAND AND UTILIZE TELECOMMUNICATIONS, TELEMEDICINE,

VIDEOCONFERENCING, AND EVEN IN THIS BODY, UTILIZING ZOOM MEETINGS

WHEN NECESSARY, REALIZE THAT THIS IS A NEW METHOD THAT SHOULD BE BETTER

UNDERSTOOD AND EXPANDED TO SERVE THE NEEDS OF SO MANY THAT RELY IN

THE MEDICAL, THE SPEECH, SERVING THE DEAF AND THE HEARING-IMPAIRED.

THANK YOU VERY MUCH.

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. 2226, RULES

AT THE REQUEST OF MS. RAJKUMAR.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 6, 2024, AS GUYANESE INDEPENDENCE

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2227, RULES

AT THE REQUEST OF MS. LEE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS ASIAN PACIFIC AMERICAN

NYS ASSEMBLY MAY 21, 2024

HERITAGE MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. LEE ON THE

RESOLUTION.

MS. LEE: MR. SPEAKER, I RISE TO SPEAK ON MY APA

HERITAGE MONTH RESOLUTION. AS THE FIRST KOREAN AMERICAN WOMAN IN

NEW YORK'S LEGISLATURE, THE REPRESENTATIVE FROM MANHATTAN'S

CHINATOWN AND THE CO-CHAIR OF THE APA TASK FORCE, I AM PROUD TO

INTRODUCE THIS RESOLUTION TO RECOGNIZE MAY AS AAPI [SIC] HERITAGE

MONTH. AAPI [SIC] HERITAGE MONTH IS A CELEBRATION OF THE AAPI

COMMUNITY'S LONG HISTORY IN NEW YORK. IT SHINES LIGHT ON THE MANY

CONTRIBUTIONS, STRUGGLES AND ACCOMPLISHMENTS WE HAVE MADE SINCE WE

FIRST ARRIVED NEARLY 200 YEARS AGO. IT ALSO SYMBOLIZES THE PROGRESS WE

HAVE MADE. AFTER MANY DECADES OF UNDERREPRESENTATION, THE AAPI

COMMUNITY FINALLY HAS A SEAT AT THE TABLE IN NEW YORK. WE CURRENTLY

HAVE THE MOST SITTING AAPI LEGISLATORS IN NEW YORK'S HISTORY. THIS

MONTH WE HELD THE VERY FIRST AAPI SUMMIT IN ALBANY, AND PASSING

THIS RESOLUTION IS A TESTAMENT TO THE NEWFOUND STRENGTH AND

REPRESENTATION THAT OUR COMMUNITY HAS. AAPI [SIC] HERITAGE MONTH IS

ALSO IMPART -- IMPORTANT BECAUSE IT SHOWS AAPI NEW YORKERS THAT

THEIR VOICES ARE HEARD AND THEIR STORIES MATTER. IT EXPOSES MORE NEW

YORKERS TO AAPI CULTURE, PROMOTE -- PROMOTING GREATER INCLUSIVITY AND

TOLERANCE. IT FIGHTS IGNORANCE AND THAT PREVENTS HATE.

I AM PROUD TO INTRODUCE THIS RESOLUTION TO REAFFIRM

THAT AAPI HERITAGE IS PART OF NEW YORK'S HERITAGE. THANK YOU.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

NYS ASSEMBLY MAY 21, 2024

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2228, RULES

AT THE REQUEST OF MS. SILLITTI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS PRADER-WILLI SYNDROME

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2229, RULES

AT THE REQUEST OF MR. DURSO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS AMYOTROPHIC LATERAL

SCLEROSIS AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 230, RULES

AT THE REQUEST OF MS. KELLES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS BIKE MONTH IN THE STATE OF

NEW YORK --

ACTING SPEAKER AUBRY: ON THE RESOLUTION --

THE CLERK: -- IN CONJUNCTION WITH NATIONAL BIKE

NYS ASSEMBLY MAY 21, 2024

MONTH.

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. 2231, RULES

AT THE REQUEST OF MR. JENSEN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS HYPERTENSION AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2232, RULES

AT THE REQUEST OF MR. ZEBROWSKI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM AUGUST 2024, AS INDIAN AMERICAN HERITAGE

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2233, RULES

AT THE REQUEST OF MR. BRABENEC.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 2024, AS CZECH-AMERICAN HERITAGE

MONTH IN THE STATE OF NEW YORK.

NYS ASSEMBLY MAY 21, 2024

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. 2234, RULES

AT THE REQUEST OF MS. LUNSFORD.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM NOVEMBER 8, 2024, AS STEAM DAY IN THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. LUNSFORD ON THE

RESOLUTION.

MS. LUNSFORD: THANK YOU, MR. SPEAKER, AND

THANK YOU FOR INDULGING ME FOR A FEW MINUTES SO I CAN TALK ABOUT THE

IMPORTANCE OF STEAM EDUCATION IN NEW YORK. MANY OF YOU WERE

ABLE TO JOIN US DOWNSTAIRS TO SEE DEMONSTRATIONS BY SOME OF OUR FIRST

ROBOTICS TEAMS, THE U OF R LABOR LAB -- LAZER LAB. MANY OTHER

ORGANIZATIONS FROM AROUND THE STATE THAT CAME TO SHOW US WHAT THEY'RE

DOING TO EQUIP OUR KIDS NOT JUST WITH AN EDUCATION THEY CAN USE FOR THE

JOBS OF TOMORROW, BUT PROBLEM-SOLVING SKILLS, PRESENTATION SKILLS AND

OTHER KINDS OF SOFT SKILLS THAT WILL HELP THEM IN THEIR EVERY DAY LIVES

AND IN ANY CAREER THEY CHOOSE. STEAM EDUCATION IS ABOUT

PROBLEM-SOLVING. IT'S ABOUT LEARNING HOW TO FAIL, LEARN AND TRY AGAIN,

AND IT'S ABOUT CREATING A FUTURE WE CAN ALL BE PROUD OF.

THANK YOU FOR LETTING ME TAKE A FEW MOMENTS TO

ACKNOWLEDGE THIS DAY, AND HAPPY STEAM DAY.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

NYS ASSEMBLY MAY 21, 2024

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2235, RULES

AT THE REQUEST OF MS. GIGLIO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 15, 2024, AS PEACE OFFICERS MEMORIAL

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: YES, WE DO HAVE A BIT

OF HOUSEKEEPING.

ON A MOTION BY MR. AUBRY, PAGE 11, CALENDAR NO.

43, BILL 1432-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MS. REYES, PAGE 37, CALENDAR NO.

468, BILL NO. 8947-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON BEHALF OF MR. LAVINE, BILL NO. A.9166, ASSEMBLY

BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE OF BILL.

THE CLERK: AN ACT TO AMEND CHAPTER 455 OF THE

LAWS OF 1997.

ACTING SPEAKER AUBRY: MOTION TO RECONSIDER

THE VOTE BY WHICH THE BILL PASSED THE HOUSE.

NYS ASSEMBLY MAY 21, 2024

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

RESOLUTION 2242, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 2242, MS.

LEE.

LEGISLATIVE RESOLUTION HONORING DON B. LEE

POSTHUMOUSLY FOR HIS CONTRIBUTIONS TO THE ASIAN AMERICAN COMMUNITY.

ACTING SPEAKER AUBRY: MS. LEE ON THE

RESOLUTION.

MS. LEE: MR. SPEAKER, I STAND TO HONOR DON LEE, A

COMMUNITY MEMBER WE RECENTLY LOST. IN DON LEE WE CELEBRATE AN

EXCEPTIONAL MEMBER OF OUR AAPI COMMUNITY WHO ACHIEVED THE

AMERICAN DREAM AND DEVOTED HIS LIFE TO HELPING OTHER AAPI -- AAPI

NEW YORKERS DO THE SAME. DON IMMIGRATED TO NEW YORK CITY AT TEN

YEARS OLD AND GREW UP IN CHINATOWN. HIS STORY IS THE EPITOME OF THE

IMMIGRANT SUCCESS STORY. WHILE ATTENDING NYU, HE SUPPORTED HIMSELF

AND HIS FAMILY BY WORKING AT A LOCAL CHINATOWN RESTAURANT. AFTER HE

GRADUATED, HE BUILT A SUCCESSFUL CAREER AND MADE IMPORTANT

CONTRIBUTIONS TO PUBLIC ADMINISTRATION AND HEALTHCARE IN NEW YORK

CITY. DESPITE HIS SUCCESS AS A PROFESSIONAL, HE ALWAYS REMEMBERED

WHERE HE CAME FROM. DON WAS A TIRELESS COMMUNITY ACTIVIST WHO

NYS ASSEMBLY MAY 21, 2024

NEVER STOPPED ADVOCATING FOR THE NEEDS OF CHINATOWN RESIDENTS. HE

FOUGHT ON BEHALF OF STREET VENDORS IN CHINATOWN, HELPED CHINATOWN

BUSINESSES RECOVER AFTER 9/11, AND STOOD UP FOR ASIAN NEW YORKERS

DURING THE RISE IN ANTI-ASIAN HATE AFTER THE PANDEMIC. HIS ADVOCACY

WORK ALSO EXTENDED TO BROOKLYN WHERE HE SUPPORTED COUNTLESS ASIAN

RESIDENTS AS THE BOARD CHAIR OF HOMECREST COMMUNITY SERVICES FOR 20

YEARS. IN HIS PERSONAL LIFE, DON WAS A DEVOTED HUSBAND TO HIS WIFE,

LAI, AND THE LOVING FATHER TO HIS DAUGHTER, VICTORIA. HE WILL BE MISSED

GREATLY BY NEW YORK'S AAPI COMMUNITY, ESPECIALLY IN CHINATOWN.

HIS MEMORY LIVES ON IN ALL OF US AS WE CONTINUE WORKING TO SUPPORT

AAPI NEW YORKERS.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. CHANG ON THIS RESOLUTION.

MR. CHANG: I THANK THE SPONSOR FOR THIS BILL -- FOR

THIS RESOLUTION ITSELF. I HAPPENED TO KNOW DON LEE FOR MORE THAN A

DOZEN YEARS. YES, HE'S A FIGHTER IN CHINATOWN. I -- BORN IN CHINATOWN,

HE GREW UP DURING A TIME WHEN CHINATOWN IT WAS A GHETTO IN ONE

SENSE. AND HE FOUGHT FOR OUR COMMUNITY AND HE SPENT HIS ACTIVISM

BEYOND JUST CHINATOWN, BUT AS WELL AS IN BROOKLYN TO -- TO MY DISTRICT

WHICH I REPRESENT. DON IS A -- IS A VERY HUMBLE, QUIET TYPE OF GUY, AND

HE CAME ROARING LIKE A TIGER WHEN HE -- WHEN THE RISE NEED TO. AND I

RESPECT HIS (INAUDIBLE) AT -- AT ALL TIMES. AGAIN, I'VE KNOWN HIM FOR

OVER A DOZEN YEARS, AND A VERY HUMBLE PERSON. AND -- AND HE'S FEW

YEARS OLDER THAN I AM, SO WE'RE THE SAME GENERATION, WE WEAR THE SAME

HAT, GREW UP THE SAME STREETS IN CHINATOWN WHEN WE GROWING UP.

SO WE LOST A GIANT AMONG OUR COMMUNITY, AND I FEEL

SORRY FOR THE LOSS FOR OUR COMMUNITY AND HIS WIFE AND HIS DAUGHTER

VICTORIA. THANK YOU, MR. SPEAKER. THANK YOU TO THE SPONSOR FOR THIS

BILL -- THIS RESOLUTION.

ACTING SPEAKER AUBRY: THANK YOU. ON THE

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

RESOLUTION IS ADOPTED.

MRS. PEOPLES-STOKES, WE HAVE A FEW OTHER

RESOLUTIONS, WE WILL TAKE THEM UP WITH ONE VOTE.

ON THESE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY

SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 2236-2241

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

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

MOVE THAT WE STAND ADJOURNED AND THAT WE WILL RECONVENE AT 1:00

P.M., WEDNESDAY, MAY THE 21ST [SIC], TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:57 P.M., THE HOUSE STOOD ADJOURNED

UNTIL WEDNESDAY, MAY 22ND AT 1:00 P.M., THAT BEING A SESSION DAY.)