TUESDAY, MAY 28, 2024                                             12:43 P.M.



                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 RABBI TAUB WILL OFFER A PRAYER.

                                 RABBI TAUB:  ALMIGHTY GOD, LET US FIRST MARVEL AT

                    OUR GOOD FORTUNE TO HAVE BEEN BORN OR HAVING ADOPTED AS OUR HOME THE

                    UNITED STATES OF AMERICA, THE GREATEST COUNTRY EVER CONCEIVED BY MAN

                    IN THE HISTORY OF THE CIVILIZED WORLD AND MORE SO HOW GRATEFUL THAT WE

                    LIVE IN THE EDEN OF THIS FREE COUNTRY, THE GREAT STATE OF NEW YORK

                    WHERE OUR WAR OF REVOLUTION TOOK CENTER STAGE.

                                 VERY BRIEFLY, 200 YEARS AGO GIOVANNI DA VERRAZZANO

                    DESCRIBED OUR STATE AS A VAST COASTLINE WITH A DEEP DELTA IN WHICH

                    EVERY KIND OF SHIP COULD PASS AND EVERY SHIP HAS PASSED.  WHETHER

                    THROUGH ELLIS ISLAND, CASTLE GARDEN, VESSELS OF PRECIOUS CARGO, NOT OF

                                          1



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    FOOD, NOT OF BARTER, BUT RATHER IMMIGRANTS OF FAMILIES, OF SOULS

                    ESCAPING FAMINE, FEAR AND POVERTY AND (INAUDIBLE).  ALL SEEKING SHELTER

                    IN WHAT MY ANCESTORS WOULD CALL IN YIDDISH, AMERICA THE GOLDENE

                    MEDINA, THE GOLDEN COUNTRY.  ALMIGHTY GOD, WE ASK FOR STRENGTH TO

                    SPEAK FOR THOSE WHOSE VOICES ARE LOUD AND CLEAR, AND TO PROVIDE A

                    VOICE FOR THOSE WHO CAN'T SPEAK FOR THEMSELVES OR FEAR OF DOING SO.

                                 MY CHILDREN, IF YOU'LL HUMOR ME, WERE BORN IN

                    UPSTATE IN BUFFALO AND NOW ARE BEING RAISED DOWNSTATE IN NEW YORK.

                    WE HAVE TRAVERSED NEW YORK'S VALLEYS AND MOUNTAINS FROM THE

                    SOUTHERN CORNER OF RICHMOND COUNTY TO THE NORTHERN TIP OF CLINTON

                    COUNTY.  TWO MONTHS AGO I DROPPED OFF ONE OF THESE DAUGHTERS AT HER

                    FRIEND.  NO DADDY, PLEASE DON'T DROP ME OFF AT THE CORNER, GO AROUND

                    AND TAKE ME TO HER DOOR.  WHY, I ASKED, WHAT CHANGED?  MAYBE IT WAS

                    HER AGE, ANXIETY.  NO DADDY, I THINK SOMEONE SAW YOUR YAMAKA, I'M

                    SCARED TO WALK ALONE.  I CAN TESTIFY UNIQUELY TO THE NEWNESS, THE

                    FRESHNESS OF SUCH A FEAR.  WE ALL MUST VOW THAT THIS MUST END TODAY AS

                    JEWS BUT NO MATTER WHAT FAITH OR CREED; JEW, MUSLIM, CHRISTIAN, BLACK,

                    WHITE, HISPANIC, ALL POINTS IN BETWEEN, WE ARE AMERICANS AND WE ARE

                    NEW YORKERS.  LET US FIND UNITY WHERE THERE IS UNHOLY DIVIDE.  LET US

                    DISCOVER OUR COMMONALITY FROM WITHIN OUR DIFFERENCES.  LET US

                    EMBRACE THE SHARED HUMANITY THAT HIDES IN OUR VARIOUS AND BEAUTIFUL

                    NEGLECTED BACKGROUNDS, WE ARE THE MOSAIC OF NEW YORK STATE.  WE

                    BESEECH YOU GOD TO BLESS OUR LEADERS HERE TODAY.  MAY HE PROVIDE

                    VISION FOR OUR SPEAKER CARL HEASTIE, MAJORITY LEADER CRYSTAL

                    PEOPLES-STOKES, MINORITY LEADER WILLIAM BARCLAY AND MY OWN

                                          2



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    REPRESENTATIVE ASSEMBLYMAN DAVID WEPRIN.  FOR OUR ESTEEMED

                    GOVERNOR, GOVERNOR HOCHUL, WE PRAY FOR GOD'S GRACE TO CONTINUE TO

                    SHINE THROUGH HER.  MAY OUR GOVERNOR AND ALL OF YOU AND ALL OF US

                    CONTINUE TO USE OUR GIFTS FOR THE BENEFIT OF THE CITIZENS OF THE STATE.

                    MAY GOD BESTOW UPON US GOOD HEALTH, STRENGTH OF SPIRIT, AND THE

                    CONTINUED ABILITY TO BE GUIDED BY HIS LIGHT MAY THESE HALLOWED HALLS.

                    AND ALL OF ITS DULY-ELECTED MEMBERS BE PROTECTED, PROTECTED ALWAYS

                    AND CONTINUE TO BE A LIGHTHOUSE TO ALL CITIZENS OF THE STATE AND THE

                    WORLD AT-LARGE.  AND WE SAY AMEN.

                                 MEMBERS:  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 27TH.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

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

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

                    27TH AND ASK THAT THE SAME STANDS APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, SIR.  FIRST, I

                                          3



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    WANT TO REALLY BE THANKFUL AND GRATEFUL FOR THE REVEREND'S WORDS WITH

                    US THIS AFTERNOON, BUT I'D LIKE TO SHARE THIS QUOTE FROM FORMER PRESIDENT

                    HARRY TRUMAN.  IT SAYS THAT "AMERICA WAS BUILT ON COURAGE, ON

                    IMAGINATION AND AN UNBEATABLE DETERMINATION TO DO THE JOB AT HAND."

                    AGAIN, THESE WORDS ARE FROM OUR 33RD PRESIDENT, HARRY S. TRUMAN.

                                 MR. SPEAKER, THE MEMBERS HAVE ON THEIR DESKS A MAIN

                    CALENDAR AND A DEBATE LIST.  WE WILL BE CALLING FOR THE FOLLOWING

                    COMMITTEES OFF THE FLOOR TODAY:  WAYS AND MEANS, CODES AND RULES.

                    THESE COMMITTEES ARE GOING TO PRODUCE AN A-CALENDAR.  AFTER

                    HOUSEKEEPING AND INTRODUCTIONS WE WILL TAKE UP THE FOLLOWING BILLS ON

                    CONSENT:  CALENDAR NO. 102 BY MS. JACKSON; CALENDAR NO. 177 BY MS.

                    BARRETT; CALENDAR NO. 186 BY MS. TAPIA; CALENDAR NO. 322 BY MR.

                    LAVINE AND CALENDAR NO. 364 BY MR. VANEL.  WE ARE THEN GOING TO

                    CONTINUE CONSENT OFF THE MAIN CALENDAR BEGINNING WITH RULES REPORT

                    NO. 125, WHICH STARTS ON PAGE 9.  ALSO WE'LL BE WORKING FROM OUR

                    DEBATE LIST:  CALENDAR NO. 472 BY MR. DILAN; CALENDAR NO. 135 BY MR.

                    RIVERA AND CALENDAR NO. 23 BY MS. HUNTER.  RULES REPORT NO. 44 BY

                    MS. ROSENTHAL AND RULES REPORT NO. 66 BY MR. DINOWITZ.  THERE MAY

                    BE A NEED FOR ADDITIONAL FLOOR ACTIVITY AS WE PROCEED.  SHOULD THAT BE

                    THE CASE, I WILL MAKE MENTION OF THAT AT THE TIME.  SO THAT'S A GENERAL

                    OUTLINE, MR. SPEAKER, OF WHERE WE'RE GOING TODAY.  LET US BEGIN WITH

                    HOUSEKEEPING.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.  WE DO

                    HAVE A BIT OF HOUSEKEEPING.

                                 ON A MOTION BY MR. HEVESI, PAGE 18, CALENDAR NO.

                                          4



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    72, BILL NO. A02479, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 FOR THE PURPOSES OF A -- I'M SORRY.

                                 MRS. PEOPLES-STOKES FOR A COMMITTEE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IF YOU WOULD PLEASE CALL THE WAYS AND MEANS COMMITTEE TO

                    THE SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  WAYS AND

                    MEANS, SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.

                                 FOR THE PURPOSES OF AN INTRODUCTION, MR. WEPRIN.

                                 MR. WEPRIN:  THANK YOU, MR. SPEAKER.  IT'S A GREAT

                    PLEASURE FOR ME TO WELCOME MY DEAR FRIEND AND RABBI, RABBI MOSHE

                    TAUB, THE RABBI OF THE YOUNG ISRAEL OF HOLLISWOOD.  AFTER STUDYING IN

                    PREMIERE YESHIVAS IN THREE DIFFERENT COUNTRIES, RABBI TAUB WAS

                    APPOINTED RABBI OF THE ORTHODOX COMMUNITY IN BUFFALO, NEW YORK AT

                    THE AGE OF 24.  HE ALSO RAN THE BUFFALO VAAD HAKASHRUS BUILDING IT UP

                    TO AN INTERNATIONAL KOSHER COUNCIL AND CERTIFYING PRODUCTS IN FIVE

                    CONTINENTS.  AFTER 12 YEARS OF SERVICE IN BUFFALO, NEW YORK, HE MOVED

                    DOWNSTATE TO MY DISTRICT IN HOLLISWOOD WHERE I LIVE AND BECAME THE

                    RABBI OF THE YOUNG ISRAEL OF HOLLISWOOD.  RABBI TAUB ALSO SERVES AS A

                    WEEKLY COLUMNIST AND THE CHIEF RABBINIC EDITOR AT AMI MAGAZINE, A

                    NEW YORK-BASED INTERNATIONAL WEEKLY WITH THE READERSHIP OF OVER A

                    QUARTER-MILLION WORLDWIDE.  RABBI TAUB HAS SERVED AS THE EXECUTIVE

                    OF THE RABBINICAL COUNCIL OF AMERICA AND MANY OTHER ORGANIZATIONS.

                    AMONG HIS MANY DUTIES OUTSIDE OF HIS SYNAGOGUE, RABBI TAUB IS A

                    TALMUDIC LAW INSTRUCTOR AT BOTH YESHIVA UNIVERSITY HIGH SCHOOL FOR

                                          5



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    GIRLS IN MY DISTRICT AND AT SHEVACH HIGH SCHOOL FOR GIRLS.  HE HAS

                    LECTURED AT VARIOUS PLACES INCLUDING HARVARD LAW SCHOOL.  HE WILL BE

                    PUBLISHING A BOOK ON JULY 4TH OF THIS YEAR ENTITLED THE EARLY HISTORY OF

                    THE JEWS IN AMERICA.  HE IS THE FATHER OF FIVE CHILDREN; FOUR GIRLS AND

                    HIS YOUNGEST A BOY.  HIS WIFE NECHAMA WORKS IN THE NURSING HOME

                    INDUSTRY.

                                 MR. SPEAKER, PLEASE EXTEND YOUR USUAL WARM

                    WELCOME AND PRIVILEGES TO RABBI TAUB.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. WEPRIN, THE SPEAKER AND ALL THE MEMBERS, RABBI TAUB, WE

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

                    PRIVILEGES OF THE FLOOR AND OUR THANKS FOR YOU COMING THIS LONG WAY TO

                    OPEN US UP WITH A PRAYER.  THANK YOU AND CONGRATULATIONS.

                                 (APPLAUSE)

                                 MS. BARRETT FOR THE PURPOSES OF A INTRODUCTION.

                                 MS. BARRETT:  THANK YOU, MR. SPEAKER.  IT IS MY

                    GREAT PRIVILEGE AND HONOR TO INTRODUCE THE DAVIDSON FAMILY WHO ARE

                    HERE AND MAYBE YOU WOULD RISE AS I INTRODUCE YOU.  THANK YOU.  THE

                    DAVIDSON FAMILY HAS JOINED US TODAY FOR A PRIVILEGED RESOLUTION WHICH

                    WE WILL BE PASSING AT THE END OF SESSION TODAY CELEBRATING THE LIFE OF

                    MY VERY DEAR AND SPECIAL FRIEND AND MENTOR JOAN KAPLAN DAVIDSON

                    AND THE MATRIARCH OF THIS REALLY WONDERFUL FAMILY.  HERE IN ATTENDANCE

                    ARE JOAN'S SON MATT DAVIDSON, JOAN'S GRANDDAUGHTER PHOEBE PICKERING

                    AND HER DAUGHTER JULIA JOAN, AND TEDDY DAVIDSON, JOAN'S GRANDSON,

                    LUCY DAVIDSON, JOAN'S GRANDDAUGHTER AND EMMA DAVIDSON TRIBBS,

                                          6



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    JOAN'S GRANDDAUGHTER AS WELL.

                                 SO LET ME TELL YOU A LITTLE BIT ABOUT MY FRIEND JOAN

                    BECAUSE SHE IS A MODEL NEW YORKER AND AN EXTRAORDINARY CITIZEN AND

                    ACCOMPLISHED AN AMAZING AMOUNT IN HER 90+ YEARS.  SHE WAS BORN IN

                    -- JUST HAD A BIRTHDAY, MAY 26TH, 1927 AND IN 1975 BECAME CHAIR OF THE

                    NEW YORK STATE COUNCIL OF THE ARTS.  SHE WAS PASSIONATE ABOUT THE

                    ARTS, ABOUT OUR BUILT AND NATURAL RESOURCES IN NEW YORK STATE AND

                    CELEBRATING AND MAKING SURE THAT -- THAT THEY WERE PROTECTED AND THEY

                    WERE CONSTANTLY ADVOCATED FOR.  SO TO THAT END SHE BECAME PARKS

                    COMMISSIONER IN NEW YORK STATE IN 1993 AND THEN SUCCEEDED HER

                    FATHER AS PRESIDENT OF THE J.M. KAPLAN FUND WHERE SHE REALLY FOCUSED A

                    LOT MORE ON PHILANTHROPY AND HELPING THE ORGANIZATIONS THAT WERE

                    DOING THIS WORK, EVEN WHILE DOING IT HERSELF.  IN 1993, SHE FOUNDED

                    FURTHERMORE, A PUBLISHING COMPANY TO ALLOW FOR ALL OF THESE INCREDIBLE

                    ASSETS IN NEW YORK; THE ARTS, THE BUILDINGS, THE HISTORICAL AND CULTURAL

                    HISTORY TO BE PERMANENTLY PRINTED AND IN BOOK FORM AND REALLY STARTED A

                    WONDERFUL SELECTION OF GREAT BOOKS THAT ARE PUBLISHED HERE AND, YOU

                    KNOW, CONTINUE TO BE DONE TODAY EVEN WITH FURTHERMORE, I

                    UNDERSTAND.  SHE WAS A FOUNDING MEMBER OF HISTORIC HUDSON.  SHE

                    WAS THE CHAIR OF THE HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL IN

                    2009 AND HER WORK AND HER AMAZING PASSION FOR NEW YORK IS REALLY

                    KIND OF CHARACTERIZED IN HER GREETING OR, I GUESS, I WOULD SAY HER --

                    WHAT SHE WOULD SAY AT THE END OF EVERY LETTER OR EVERY NOTE OR EVERY

                    E-MAIL SHE WOULD SEND WHICH WAS EXCELSIOR.  SO I WANT YOU TO PLEASE

                    WELCOME MY DEAR FRIENDS WHO ARE HERE TODAY AND TO HELP US CELEBRATE

                                          7



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    HER -- JOAN'S LEGACY WITH WELCOMING AND OFFERING THE PRIVILEGES OF THE

                    FLOOR TO HER FAMILY, MR. SPEAKER.  THANK YOU.

                                 ACTING SPEAKER EACHUS:  CERTAINLY.  ON

                    BEHALF OF MS. BARRETT, THE SPEAKER AND ALL THE MEMBERS OF THE

                    ASSEMBLY, WE WELCOME THE DAVIDSON FAMILY HERE TO THE FLOOR OF THE

                    PEOPLE'S HOUSE.  I COULDN'T HAVE SAID IT BETTER THAN MS. BARRETT DID AND

                    OF COURSE WE HEARD JULIA JOAN PUT HER TWO CENTS IN WHICH IS WONDERFUL

                    AND ALWAYS LOVELY TO HEAR.  SO BUT, THANK YOU VERY MUCH FOR

                    EVERYTHING THAT YOU'VE DONE.  THANK YOU FOR BEING HERE TODAY AND I

                    HOPE YOU ENJOY THE PROCEEDINGS.

                                 (APPLAUSE)

                                 MR. GIGLIO FOR AN INTRODUCTION.

                                 MR. GIGLIO:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO INTERRUPT THE PROCEEDINGS FOR AN INTRODUCTION.  TODAY I HAVE A

                    SPECIAL INTRODUCTION.  I HAVE MY FAMILY WITH ME AND I'D LIKE TO

                    INTRODUCE THEM.  THE FIRST ONE IS ANN MY WIFE, THOMAS OUR SON,

                    JENNIFER, THE TWO LITTLE ONES ARE AVA MARIE AND MIA ANN. I WOULD LIKE

                    TO SAY THAT THIS YEAR IS -- AVA'S BIRTHDAY IS IN JUNE, SHE'S 9 GOING ON 19.

                    MIA'S BIRTHDAY IS IN DECEMBER, SHE'S 7 GOING ON GOD ONLY KNOWS.

                    ANYWAY, THE MOST IMPORTANT THING IS I WANTED TO INTRODUCE THEM

                    BECAUSE THEY DIDN'T KNOW WHERE GRANDPA WENT EVERYDAY.  NOW THAT

                    THEY'VE TAKEN THE RIDE THEY DON'T KNOW WHY I EVER DID IT.  BUT BESIDES

                    THAT, I JUST WANTED TO TELL THE WORLD THOSE TWO YOUNG LADIES OWN THIS

                    OLD MAN'S HEART.  AND ONE OF THE REASONS I'M GOING HOME IS SO I CAN

                    SPEND MORE TIME WITH THEM.  SO I WOULD JUST THANK YOU VERY MUCH FOR

                                          8



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    OFFERING US THE CORDIALITIES OF THE HOUSE AND YOUR WELL WISHES.  THANK

                    YOU, SIR.

                                 ACTING SPEAKER EACHUS:  ON BEHALF OF MR.

                    GIGLIO, THE SPEAKER AND THE MEMBERS OF THIS HOUSE, WE WELCOME THE

                    GIGLIO FAMILY HERE TO THE FLOOR.  YOU HAVE TO BE VERY PROUD OF GRANDPA,

                    HE'S AN AMAZING MAN AND HAS DONE AN AMAZING JOB, AND I THANK YOU FOR

                    COMING.  I'M SURE YOU'RE GOING TO HAVE A JOYFUL REST OF THE DAY AND

                    DON'T FORGET TO TAKE GRANDPA HOME AT THE END OF THE WEEK ANYWAY AT

                    LEAST, OKAY?  BUT THANK YOU VERY MUCH.

                                 (APPLAUSE)

                                 MR. RAGA FOR THE PURPOSES OF AN INTRODUCTION.

                                 MR. RAGA:  THANK YOU, MR. SPEAKER.  ON BEHALF OF

                    MYSELF, ASSEMBLYMEMBER SARAHANA SHRESTHA AND JENIFER RAJKUMAR,

                    I'D LOVE TO HELP WELCOME JUST SOME HERE ON THE FLOOR AND ON THE

                    BALCONY SOME OF THE OVER 200 NEPALI COMMUNITY LEADERS, NOT JUST FROM

                    MY DISTRICT OR NEW YORK CITY, BUT ACROSS THE STATE WHO ARE COMING

                    HERE TO HELP CELEBRATE THE FIRST-EVER NEPALI COMMUNITY DAY HERE AT THE

                    CAPITOL.  IT'S A COMMUNITY THAT I'VE GOTTEN TO KNOWN TO BE SO VIBRANT,

                    ENERGETIC AND KIND.  REFLECTIVE OF THE DIVERSITY OF MY DISTRICT IN

                    WOODSIDE, JACKSON HEIGHTS ON MASPETH AND ELMHURST, BUT ALSO

                    REFLECTIVE OF NEW YORK CITY AND THE GREAT STATE OF NEW YORK.

                                 SO, MR. SPEAKER, CAN YOU PLEASE PROVIDE THEM WITH

                    ALL THE CORDIALITIES OF THE FLOOR.

                                 ACTING SPEAKER EACHUS:  CERTAINLY.  ON

                    BEHALF OF MR. RAGA AND MS. RAJKUMAR, WELCOME TO THE HOUSE AND THE

                                          9



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    SPEAKER AND ALL OF THE MEMBERS ARE GLAD TO SEE YOU.  CONGRATULATIONS,

                    THE FIRST NEPALI DAY HERE IN THE ASSEMBLY.  HOPEFULLY HAVING MANY,

                    MANY MORE.  THANK YOU FOR ATTENDING AND THANK YOU FOR WHAT YOU DO

                    FOR YOUR COMMUNITY AT HOME.  THANK YOU VERY MUCH.

                                 (APPLAUSE)

                                 MR. MAHER FOR THE PURPOSES OF AN INTRODUCTION.

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

                    TO INTRODUCE TO ALL OF YOU NICHOLAS ZICA AND HIS FATHER DAN ZICA.

                    NICHOLAS IS AN EAGLE SCOUT AND HE IS AN INDIVIDUAL THAT IS PART OF TROOP

                    33 OF WALDEN, WHICH IS IN MY DISTRICT.  HE IS THE 90TH EAGLE SCOUT FOR

                    THE SCOUT TROOP THAT HAS BEEN IN EXISTENCE FOR 100 YEARS.  HE IS

                    SOMEBODY WHO WORKED ON A SPECIAL PROJECT THAT HELPED RECEIVE MORE

                    ADOPTIONS FOR ANIMALS.  IT'S THE HUDSON VALLEY SPHA [SIC].  HE CREATED

                    A PLACE FOR FOLKS TO COME TO MAKE SURE THEY CAN ADOPT ANIMALS, WHERE

                    THERE WERE BENCHES AND DIFFERENT ACTIVITIES AND REALLY HAS INCREASED THE

                    OVERALL AWARENESS OF THE FACILITY TO LEAD TO MORE ADOPTIONS.  HE IS ALSO

                    A STUDENT AT SIENA COLLEGE WHERE HE HAS A MAJOR IN COMPUTER SCIENCE

                    AND HAS AN INTEREST IN GETTING INTO CYBERSECURITY.  PLEASE ALLOW OUR

                    EAGLE SCOUT, NICHOLAS AND HIS FATHER DAN ALL OF THE CORDIALITIES OF THE

                    FLOOR.  THANK YOU.

                                 ACTING SPEAKER EACHUS:  CERTAINLY.  ON

                    BEHALF OF MR. MAHER, THE SPEAKER AND ALL THE MEMBERS, WELCOME TO

                    THE ASSEMBLY FLOOR, THE PEOPLE'S HOUSE.  HE PICKED THE RIGHT SPEAKER

                    FOR THIS BECAUSE I ALSO AM AN EAGLE SCOUT AND JUST A FEW YEARS AGO I

                    WAS YOUR DISTRICT CHAIR.  SO WELCOME.  I HOPE YOU ENJOY IT HERE AND YOU

                                         10



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    ENJOY THE PROCEEDINGS THAT GO ON AND CONGRATULATIONS FOR ACHIEVING THE

                    RANK THAT ONLY THREE PERCENT OF THE SCOUTS ACTUALLY ACHIEVE.  THANK YOU.

                                 (APPLAUSE)

                                 MR. MCDONALD FOR THE PURPOSES OF AN INTRODUCTION.

                                 (PAUSE)

                                 MR. MCDONALD.

                                 MR. MCDONALD:  THANK YOU, MR. SPEAKER.  TODAY

                    WE WELCOME THE FAMILY OF CASEY FRANKOSKI, A HERO WHO DIED SERVING

                    HER COUNTRY ON MARCH 8, 2024 OF WHICH THIS BODY IN UNANIMOUS

                    SUPPORT PASSED A RESOLUTION IN HER MEMORY ON MAY 16TH.  WE ARE

                    JOINED TOGETHER BY HER MOTHER JILL, HER FATHER JIM, HER BROTHER JESSE,

                    HER GRANDFATHER RAY, HER BOYFRIEND ANTHONY, HER SISTER-IN-LAW REIGAN

                    AND FAMILIES AND FRIENDS.  CASEY SERVED HER COUNTRY WITH HONOR AND

                    DISTINCTION AS A MEMBER OF THE US ARMY NATIONAL GUARD.  HER

                    DEDICATION AND BRAVERY AS A CHIEF WARRANT OFFICER AND BLACK HAWK

                    HELICOPTER PILOT EXEMPLIFIED HER COMMITMENT TO PROTECTING AND SERVING

                    OTHERS.  BEYOND HER MILITARY SERVICE, CASEY WAS ACTIVELY INVOLVED IN

                    HER COMMUNITY FROM VOLUNTEERING AS A FIREFIGHTER TO PARTICIPATING IN

                    ENVIRONMENTAL CONVERSATION EFFORTS.  SHE DEMONSTRATED A DEEP SENSE OF

                    CIVIC DUTY AND RESPONSIBILITY.  CASEY'S LOVE FOR THE OUTDOORS COUPLED

                    WITH HER PASSION FOR TRAVEL TO FIND HER ADVENTUROUS SPIRIT WHETHER SHE

                    WAS FISHING WITH HER BOYFRIEND, EXPLORING THE WILDERNESS AT CAMP OR

                    ATTENDING INTERNATIONAL EVENTS LIKE WORLD YOUTH DAY, CASEY EMBRACED

                    LIFE'S ADVENTURES.  CASEY'S PARENTS JIM AND JILL PROVIDED HER WITH

                    UNWAVERING SUPPORT, GUIDANCE AND ENCOURAGEMENT.  THEY WERE NOT

                                         11



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    JUST HER PARENTS, THEY WERE HER PILLARS OF STRENGTH AND HER ROLE MODELS

                    INSTILLING IN HER THE VALUES OF INTEGRITY, COMPASSION AND RESILIENCE.  JIM

                    AND JILL'S LOVE WILL CONTINUE TO BE A GUIDING LIGHT FOR CASEY'S FAMILY

                    AND FRIENDS AS THEY HONOR HER MEMORY AND CARRY FORWARD HER LEGACY.

                    AS WE ALL KNOW YESTERDAY WE COMMEMORATED THE MEMORIAL DAY

                    HOLIDAY.  A TIME TO HONOR AND MOURN THE US MILITARY PERSONNEL WHO

                    DIED WHILE SERVING AND PROTECTING OUR COUNTRY.  CASEY WAS AMONG

                    THOSE WHO WE MEMORY [SIC].  AND HER MEMORY WE WILL HONOR.  WE

                    EXTEND OUR CONDOLENCES AND SUPPORT TO THE FAMILY, THEIR FRIENDS AND

                    LOVED ONES, AND MR. SPEAKER, IF YOU COULD PLEASE EXTEND THE

                    CORDIALITIES OF THE HOUSE AND THE SUPPORT OF THE ASSEMBLY, IT WOULD BE

                    APPRECIATED.

                                 ACTING SPEAKER EACHUS:  ABSOLUTELY.  ON

                    BEHALF OF MR. MCDONALD, THE SPEAKER AND ALL THE MEMBERS OF THE

                    HOUSE, WE WELCOME CASEY'S FAMILY HERE TO THE CHAMBER AND EXTEND

                    THE PRIVILEGES OF THE FLOOR AND HOPE THAT YOU ENJOY THE PROCEEDINGS THAT

                    WILL OCCUR.  ON ALL OF OUR BEHALF, WE'RE SORRY FOR YOUR LOSS, BUT WE WANT

                    TO THANK YOU FOR SHARING HER WITH US VERY MUCH.  THANK YOU.

                                 (APPLAUSE)

                                 PAGE 21, CALENDAR NO. 102, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A03866-B, CALENDAR

                    NO. 102, JACKSON, LEE, SIMON.  AN ACT TO AMEND THE PUBLIC HOUSING

                    LAW, IN RELATION TO REQUIRING ENTITIES RESPONSIBLE FOR THE PROVISION OF

                    VITAL SERVICES TO COORDINATE AND WORK EXPEDITIOUSLY TO RESTORE SERVICE

                    WHENEVER SUCH SERVICE IS INTERRUPTED.

                                         12



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 ACTING SPEAKER EACHUS:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER EACHUS:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 26, CALENDAR NO. 177, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06253-A, CALENDAR

                    NO. 177, BARRETT, SEAWRIGHT, CONRAD, MCDONALD, STERN, MAGNARELLI,

                    ZEBROWSKI, SMULLEN, SANTABARBARA, CUNNINGHAM, SHIMSKY.  AN ACT IN

                    RELATION TO ESTABLISHING THE NEW YORK STATE GRID MODERNIZATION

                    COMMISSION.

                                 ACTING SPEAKER EACHUS:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER EACHUS:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. GOODELL TO EXPLAIN YOUR VOTE.

                                 MR. GOODELL:  THANK YOU, SIR.  TWO COMMENTS.

                    FIRST, I THINK THIS BILL IS VERY IMPORTANT TO ENSURE GRID RELIABILITY AND I

                                         13



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    APPRECIATE THE EFFORTS OF THE SPONSOR.  I ALSO WANT TO NOTE THAT THE

                    SPONSOR DID INCLUDE ON THE COMMISSION MEMBERS FROM THE MINORITY,

                    WHICH I THINK IS ALSO IMPORTANT AND I APPRECIATE THAT GESTURE ON BEHALF

                    OF THE SPONSOR.  THANK YOU, SIR.

                                 ACTING SPEAKER EACHUS:  MS. BARRETT TO

                    EXPLAIN YOUR VOTE.

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

                    VERY PROUDLY SUPPORT THIS LEGISLATION WHICH WILL REALLY GIVE US THE TOOLS

                    AND HELP US ADDRESS THE CHALLENGES AHEAD.  RELIABILITY IS SO IMPORTANT

                    AS WE'RE FACING THE CHALLENGES OF MEETING OUR CLCPA GOALS AND BEING

                    ABLE TO REALLY ENGAGE IN ALL ASPECTS AND BRING EVERYBODY TOGETHER IS MY

                    GOAL TO HAVE US ALL AS A STATE ROWING IN THE SAME DIRECTION AND ENSURE

                    THAT WE HAVE THE DATA TO DO THAT.  SO I PROUDLY VOTE IN THE AFFIRMATIVE.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER EACHUS:  THANK YOU.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 28, CALENDAR NO. 186, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06506-B, CALENDAR

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

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

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

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

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

                                         14



                     NYS ASSEMBLY                                                       MAY 28, 2024

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

                    SALE OF XYLAZINE.

                                 ACTING SPEAKER EACHUS:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER EACHUS:  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 HAS PASSED.

                                 PAGE 30, CALENDAR NO. 322, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09166-A, CALENDAR

                    NO. 322, LAVINE.  AN ACT TO AMEND CHAPTER 455 OF THE LAWS OF 1997,

                    AMENDING THE NEW YORK CITY CIVIL COURT ACT AND THE CIVIL PRACTICE

                    LAW AND RULES RELATING TO AUTHORIZING NEW YORK CITY MARSHALS TO

                    EXERCISE THE SAME FUNCTIONS, POWERS AND DUTIES AS SHERIFFS WITH RESPECT

                    TO THE EXECUTION OF MONEY JUDGMENTS OF THE SUPREME AND FAMILY COURTS

                    OF THE CITY OF NEW YORK AND DEFINING THE TERM "THE SHERIFF" AS USED

                    THEREIN, IN RELATION TO THE EFFECTIVENESS THEREOF; AND TO AMEND THE REAL

                    PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO NOTICE OF

                    EVICTION BY NEW YORK CITY MARSHALS AND ELECTRONIC FILING.

                                 ACTING SPEAKER EACHUS:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         15



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 ACTING SPEAKER EACHUS:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 33, CALENDAR NO. 364, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00938-A, CALENDAR

                    NO.  364, VANEL, OTIS, BLUMENCRANZ.  AN ACT TO AMEND THE FINANCIAL

                    SERVICES LAW, IN RELATION TO REQUIRING CERTAIN DISCLOSURES IN

                    ADVERTISEMENTS INVOLVING VIRTUAL TOKENS.

                                 ACTING SPEAKER EACHUS:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER EACHUS:  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.

                                 ON CONSENT PAGE 9, RULES REPORT NO. 125, THE CLERK

                    WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A10212-A, RULES

                    REPORT NO. 125, COMMITTEE ON RULES, DAVILA.  AN ACT TO AMEND

                    CHAPTER 375 OF THE LAWS OF 1999, AMENDING THE REAL PROPERTY ACTIONS

                                         16



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    AND PROCEEDINGS LAW RELATING TO NEW OWNERS OF BUILDINGS FOR WHICH

                    ADMINISTRATORS HAVE BEEN APPOINTED PURSUANT TO ARTICLE 7-A OF SUCH

                    LAW, IN RELATION TO THE EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER EACHUS:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER EACHUS:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES FOR AN INTRODUCTION.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR ALLOWING ME TO INTERRUPT OUR PROCEEDINGS FOR THE PURPOSE

                    OF AN INTRODUCTION.  ON BEHALF OF OUR COLLEAGUE MR. KIM, WOULD YOU

                    PLEASE WELCOME MR. PETER TU AND THE FLUSHING CHINESE BUSINESS

                    ASSOCIATION.

                                 ACTING SPEAKER EACHUS:  CERTAINLY.  ON

                    BEHALF OF MR. KIM, MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE

                    MEMBERS OF THIS HOUSE, WELCOME.  THANK YOU FOR COMING.  I HOPE THAT

                    IT'S AN ENJOYABLE EXPERIENCE AND A LEARNING EXPERIENCE FOR YOU.  I'M

                    SURE MR. KIM IS VERY PROUD OF YOU AS HIS CONSTITUENTS.  THANK YOU

                    AGAIN FOR COMING AND THANK YOU FOR THE WORK THAT YOU DO FOR YOUR

                    COMMUNITY AND OURS.

                                         17



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 (APPLAUSE)

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A10213, RULES REPORT

                    NO. 126, COMMITTEE ON RULES, DAVILA.  AN ACT TO AMEND CHAPTER 84 OF

                    THE LAWS OF 1993, AMENDING THE PRIVATE HOUSING FINANCE LAW RELATING

                    TO ESTABLISHMENT OF INITIAL RENTS IN HOUSING ACCOMMODATIONS

                    REHABILITATED WITH LOANS TO HOUSING DEVELOPMENT COMPANIES, IN

                    RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER EACHUS:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER EACHUS:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. 10214-A, RULES REPORT

                    NO. 127, COMMITTEE ON RULES, JACKSON.  AN ACT TO AMEND CHAPTER 613

                    OF THE LAWS OF 1996, AMENDING THE GENERAL MUNICIPAL LAW RELATING TO

                    BUILDINGS THAT ARE PART OF URBAN DEVELOPMENT ACTION AREA PROJECTS AND

                    ARE REHABILITATED WITH MUNICIPAL LOANS, IN RELATION TO EXTENDING THE

                    EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER EACHUS:  READ THE LAST

                    SECTION.

                                         18



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER EACHUS:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER AUBRY:  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, THANK YOU

                    FOR ALLOWING ME TO INTERRUPT OUR PROCEEDINGS FOR THE PURPOSE OF AN

                    INTRODUCTION.  ON BEHALF OF OUR COLLEAGUE MR. MEEKS, I AM HONORED TO

                    INTRODUCE THE ACCLAIMED AUTHOR AND SOCIOLOGIST, PROFESSOR DOROTHY

                    ROBERTS.  PROFESSOR ROBERTS IS AN AUTHOR OF TORN APART AND SHATTERED

                    BONDS, AMONG MANY OTHER IMPORTANT WORKS.  SHE'S A PROFESSOR OF CIVIL

                    RIGHTS AT THE UNIVERSITY OF PENNSYLVANIA.  SHE ALSO SERVES ON THE

                    BOARD OF DIRECTORS OF THE NATIONAL COALITION FOR CHILD PROTECTION

                    REFORM AND ON THE ADVISORY BOARD OF THE FAMILY DEFENSE CENTER.

                    SHE HAS ALSO SERVED ON A NATIONAL PANEL OF EXPERTS OVERSEEING FOSTER

                    CARE REFORM IN THE STATE OF WASHINGTON.

                                 MR. SPEAKER, WOULD YOU PLEASE WELCOME THIS

                    ESTEEMED PROFESSOR TO OUR CHAMBERS AND OFFER HER THE CORDIALITIES OF

                    OUR HOUSE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MRS. PEOPLES-STOKES, MR. MEEKS THE SPEAKER AND ALL THE MEMBERS,

                                         19



                     NYS ASSEMBLY                                                       MAY 28, 2024

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

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

                    CONGRATULATIONS ON A GREAT CAREER.  WE LOOK FORWARD TO MORE FROM YOU

                    IN THE FUTURE.  THANK YOU SO VERY MUCH FOR BEING HERE.

                                 (APPLAUSE)

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A10218, RULES REPORT

                    NO. 128, COMMITTEE ON RULES, ZACCARO.  AN ACT TO AMEND CHAPTER 777

                    OF THE LAWS OF 1986, AMENDING THE PRIVATE HOUSING FINANCE LAW

                    RELATING TO SMALL LOANS TO OWNERS OF MULTIPLE DWELLINGS TO REMOVE

                    SUBSTANDARD OR INSANITARY CONDITIONS, IN RELATION TO EXTENDING THE

                    EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10219, RULES REPORT

                    129, COMMITTEE ON RULES, MCDONALD; WEINSTEIN, O'DONNELL, BURDICK,

                    SHIMSKY, DICKENS, GUNTHER, HEVESI, REYES.  AN ACT TO AMEND THE

                    ABANDONED PROPERTY LAW, IN RELATION TO EXPEDITED PAYMENTS OF

                    ABANDONED PROPERTY UNDER A CERTAIN MONETARY THRESHOLD.

                                         20



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10223-A, RULES

                    REPORT NO. 130, COMMITTEE ON RULES, ZINERMAN.  AN ACT TO AMEND

                    CHAPTER 253 OF THE LAWS OF 2004 AMENDING THE PRIVATE HOUSING

                    FINANCE LAW RELATING TO REHABILITATED MULTIPLE DWELLINGS ACQUIRED AND

                    RECONVEYED BY THE FEDERAL GOVERNMENT, IN RELATION TO THE

                    EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT JUNE 30TH,

                    2024.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10269, RULES REPORT

                    NO. 131, COMMITTEE ON RULES, BURKE.  AN ACT TO AMEND CHAPTER 429

                                         21



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    OF THE LAWS OF 2021 AMENDING THE GENERAL BUSINESS LAW RELATING TO

                    THE APPLICABILITY OF THE SECURITY GUARD ACT OF NINETEEN HUNDRED

                    NINETY-TWO TO FACILITIES OWNED BY A PUBLIC SPORTS VENUE, IN RELATION TO

                    THE EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT SEPTEMBER

                    20TH, 2024.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10272, RULES REPORT

                    NO. 132, COMMITTEE ON RULES, JONES.  AN ACT TO AMEND THE

                    ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO EXTENDING THE

                    AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ADOPT

                    REGULATIONS FOR HUNTING IN THE NORTHERN ZONE.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         22



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

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

                    WOULD PLEASE CALL THE CODES COMMITTEE TO THE SPEAKER'S CONFERENCE

                    ROOM IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  CODES COMMITTEE,

                    SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.  MR. DINOWITZ

                    AWAITS YOU.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A10277, RULES REPORT

                    NO. 133, COMMITTEES ON RULES, BURKE.  AN ACT TO AMEND CHAPTER 274

                    OF THE LAWS OF 2010 AMENDING THE ENVIRONMENTAL CONSERVATION LAW

                    RELATING TO REPAIR OF DAMAGED PESTICIDE CONTAINERS, IN RELATION TO THE

                    EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10278, RULES REPORT

                    134, COMMITTEE ON RULES, LUCAS.  AN ACT TO AMEND THE ENVIRONMENTAL

                    CONSERVATION LAW, IN RELATION TO EXTENDING PROVISIONS RELATED TO THE

                                         23



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    REGULATION OF THE AMOUNT OF JONAH CRABS THAT MAY BE TAKEN.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10333, RULES REPORT

                    NO. 135, COMMITTEE ON RULES, JONES.  AN ACT TO AMEND CHAPTER 138 OF

                    THE LAWS OF 1998, AMENDING THE NAVIGATION LAW AND THE STATE

                    FINANCE LAW RELATING TO THE OPERATION OF PERSONAL WATERCRAFT AND

                    SPECIALITY PROP-CRAFT, IN RELATION TO THE EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         24



                     NYS ASSEMBLY                                                       MAY 28, 2024


                                 THE CLERK:  ASSEMBLY NO. A10336, RULES REPORT

                    NO. 136, COMMITTEE ON RULES, JEAN-PIERRE.  AN ACT TO AMEND THE

                    TRANSPORTATION LAW, IN RELATION TO THE MEMBERSHIP OF THE REPUBLIC

                    AIRPORT COMMISSION.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10347, RULES REPORT

                    NO. 137, COMMITTEE ON RULES, GLICK.  AN ACT TO AMEND THE

                    ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO EXTENDING THE

                    AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO

                    MANAGE AMERICAN LOBSTER; AND TO AMEND CHAPTER 305 OF THE LAWS OF

                    2013 AMENDING THE ENVIRONMENTAL CONSERVATION LAW, RELATING TO THE

                    MANAGEMENT OF AMERICAN LOBSTER, IN RELATION TO THE EFFECTIVENESS

                    THEREOF.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10348, RULES REPORT

                    NO. 138, COMMITTEE ON RULES, THIELE.  AN ACT TO AMEND THE

                    ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO EXTENDING THE

                    AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO

                                         25



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    MANAGE STRIPED BASS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                               (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10349, RULES REPORT

                    NO. 139, COMMITTEE ON RULES, BERGER.  AN ACT TO AMEND THE

                    ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO EXTENDING THE

                    AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO

                    MANAGE MONKFISH.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10352, RULES REPORT

                    NO. 140, COMMITTEE ON RULES, SIMONE.  AN ACT TO AMEND PART PP OF

                    CHAPTER 58 OF THE LAWS OF 2020 AMENDING THE ENVIRONMENTAL

                                         26



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    CONSERVATION LAW RELATING TO EXPANDED POLYSTYRENE FOAM CONTAINER

                    AND POLYSTYRENE LOOSE FILL PACKAGING BAN, AND AMENDING THE STATE

                    FINANCE LAW RELATING TO MONEYS COLLECTED FOR VIOLATIONS OF THE

                    EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL

                    PACKAGING BAN, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                               (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.  IT'S MY

                    PLEASURE AND HONOR TO INTRODUCE ON BEHALF OF OUR COLLEAGUES

                    ASSEMBLYMAN KEITH BROWN AND ASSEMBLYMAN STEVE STERN, THE

                    HONORABLE EDMUND T. [SIC] SMYTH, WHO IS THE HUNTINGTON TOWN

                    SUPERVISOR.  HE WAS ELECTED IN 2022 FOR A FOUR-YEAR TERM. WOULDN'T

                    THAT BE SWEET, A FOUR-YEAR TERM.  HE IS HERE BECAUSE HE'S RECOGNIZED BY

                    THE NEW YORK STATE SENATE AS PART OF THEIR VETERANS' HALL OF FAME.  HE

                    SERVED SIX YEARS IN THE UNITED STATES MARINE CORPS RESERVES AND HE

                    ROSE TO THE RANK OF STAFF SERGEANT.  LIFELONG RESIDENT OF HUNTINGTON, HE

                    RESIDES WITH HIS WIFE OF 30 YEARS AND THEIR FOUR KIDS THAT KEEP THEM

                    YOUNG.

                                         27



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 IF YOU WOULD PLEASE WELCOME ON BEHALF OF OUR

                    ASSEMBLYMEMBERS KEITH BROWN AND STEVE STERN, THE HONORABLE

                    EDMUND T. [SIC] SMYTH.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. GOODELL, MR. BROWN, MR. STERN, THE SPEAKER AND ALL THE

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

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

                    BOTH IN THE ARMED SERVICES AS WELL AS IN YOUR OWN COUNTY.  PLEASE

                    CONTINUE THAT GREAT WORK, KNOW THAT YOU ARE ALWAYS WELCOME HERE AND

                    A LITTLE BIPARTISAN WELCOME, HOW ABOUT THAT.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 PAGE 38, CALENDAR NO. 472, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09171, CALENDAR NO.

                    472, DILAN, DICKENS, TAYLOR, WALKER, DAVILA, ARDILA, HYNDMAN,

                    LUCAS, BURDICK, REYES.  AN ACT TO AUTHORIZING A STUDY BY THE NEW

                    YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION TO

                    STUDY THE TREATMENT OF AGING PRISON POPULATIONS AND MAKE

                    RECOMMENDATIONS FOR ENSURING HUMANE TREATMENT OF SUCH POPULATIONS.

                                 ACTING SPEAKER AUBRY:  MR. DILAN, A

                    EXPLANATION HAS BEEN REQUESTED, SIR.

                                 MR. DILAN:  THANK YOU, MR. SPEAKER.  THIS BILL

                    AUTHORIZES THE STUDY BY THE DEPARTMENT OF CORRECTIONS AND

                    COMMUNITY SUPERVISION PERTAINING TO THE TREATMENT AND STUDY OF AGING

                    IN PRISON POPULATIONS.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                         28



                     NYS ASSEMBLY                                                       MAY 28, 2024

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

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MR. DILAN, WILL YOU

                    YIELD?

                                 MR. DILAN:  CERTAINLY, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. DILAN YIELDS, SIR.

                                 MR. GOODELL:  THANK YOU, MR. DILAN.  WHAT IS

                    MEANT BY ELDERLY INMATE POPULATION?

                                 MR. DILAN:  WELL, THE PURPOSE THAT -- OR THE GOAL

                    WE'RE TRYING TO ACHIEVE IS TO GET A HANDLE ON FOLKS WHO ARE AGING IN

                    PRISON.  IN 1992, LESS THAN 4 PERCENT BASED ON DOCCS' DATA WERE

                    CONSIDERED ELDERLY.  ON DOCCS' MONTHLY REPORT, THEIR REPORT, NOT IN

                    THE BILL, USES THE AGE OF 50 AND UP.  THEY ISSUE THIS REPORT ON A MONTHLY

                    BASIS.  IN '92, THEY HAD THE ENTIRE POPULATION ABOVE THIS AGE OF 50 AT 4

                    PERCENT.  TODAY IT STANDS AT OVER 21 PERCENT.

                                 MR. GOODELL:  AND NOW OF THAT 4 PERCENT, WHAT

                    WAS THE TOTAL NUMBER, BECAUSE OBVIOUSLY OUR PRISON POPULATION HAS

                    DROPPED DRAMATICALLY SINCE THEN.

                                 MR. DILAN:  SO THE 4 PERCENT, IT WOULD BE A MOVING

                    TARGET BECAUSE OBVIOUSLY 4 PERCENT IN '92, THE OVERALL NUMBER OF

                    INCARCERATED INDIVIDUALS IS DIFFERENT THAN THE OVERALL NUMBER OF

                    INCARCERATED INDIVIDUALS TODAY.  I THINK BY TODAY'S STANDARD THE '21

                    PERCENT, WE'RE LOOKING AT - IF YOU USE THEIR OWN NUMBER - AND I KNOW

                    YOU PROBABLY WILL ASK THIS BECAUSE IT WAS ASKED IN COMMITTEE - THAT THE

                    BILL, YOU KNOW, GIVES DOCCS LATITUDE ON WHERE THE AGE THRESHOLD IS

                                         29



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    AND THAT'S INTENTIONAL BY ME BECAUSE I'M NOT AN EXPERT ON LONG-TERM

                    PRISONS.  I BELIEVE DOCCS IS.  SO WE PURPOSELY GAVE THEM THE

                    FLEXIBILITY ON AGE.  BUT IF WE USE THEIR AGE OF 50, YOU'RE LOOKING AT

                    ROUGHLY ANYWHERE FROM SAY 6,500 TO 7,500 INCARCERATED INDIVIDUALS.

                                 MR. GOODELL:  AND THAT NUMBER 65- TO 7,500

                    NUMBER OF INMATES OVER THE AGE OF 50, THAT NUMBER IS LESS THAN THE

                    NUMBER THAT WERE IN PRISON IN THAT SAME CATEGORY IN 1992, WASN'T IT?

                                 MR. DILAN:  THE TOTAL NUMBER WOULD BE LESS BUT THE

                    PERCENTAGE WOULD BE SIGNIFICANTLY HIGHER.

                                 MR. GOODELL:  GOTCHA.  SO OF COURSE AS YOU MIGHT

                    SUSPECT, OUR CONCEPT OF ELDERLY CHANGES OVER TIME, RIGHT?  WHEN WE

                    WERE IN HIGH SCHOOL, OUR TEACHERS WERE ELDERLY EVEN THOUGH THEY MAY

                    HAVE BEEN IN THEIR 20S.

                                 MR. DILAN:  IT -- IT CERTAINLY DOES.  MINE SAYS

                    (INAUDIBLE) AS WELL.

                                 MR. GOODELL:  AND NOW WHEN I LOOK AT THE

                    OBITUARIES, I GO OH, MY GOODNESS.  HE WAS SO YOUNG.  HE WAS ONLY 68.

                    BUT YOU'RE LEAVING IT UP TO DOCCS TO DECIDE WHETHER IT'S AGE 50 AND

                    UP OR AGE SAY 65 AND UP.

                                 MR. DILAN:  YEAH, BECAUSE I THINK IF WE PUT IT IN

                    THE BILL, THEY MAY HAVE THE SAME THOUGHTS THAT YOU HAVE.  SO BY

                    LEAVING THEM THE FLEXIBILITY, THEY CAN USE THE CRITERIA THAT THEY'VE USED

                    THROUGHOUT THE YEARS TO -- TO -- TO MAKE THESE DETERMINATIONS.

                                 MR. GOODELL:  NOW IT'S MY UNDERSTANDING THAT WE

                    CURRENTLY HAVE ABOUT 33,000 INMATES IN NEW YORK STATE PRISON.  IT'S

                                         30



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    MY UNDERSTANDING THAT WE HAVE ABOUT 1,250 THAT ARE OVER AGE 65,

                    ABOUT 1,500 THAT ARE BETWEEN 60 AND 64.  AND ANOTHER 2,080 OVER AGE

                    55.  SO WE'RE TALKING ABOUT A RELATIVELY SMALL NUMBER OF PEOPLE.  WHAT

                    IS THE PURPOSE OF THE STUDY?

                                 MR. DILAN:  AND ALSO IF YOU USE 50 AND OVER, IT

                    WOULD BE ROUGHLY THAT 65- TO 7,500 NUMBER THAT I MENTIONED BEFORE.

                    YOUR NUMBERS I BELIEVE DIDN'T TOUCH --

                                 MR. GOODELL:  THAT'S RIGHT.  I ONLY WENT DOWN TO

                    --

                                 (INAUDIBLE/CROSS-TALK)

                                 MR. DILAN:  -- FIFTY-FIVE.  BUT I GUESS THE PURPOSE OF

                    THE STUDY IS TO ALLOW FOR DOCCS AND THE -- AND THE LEGISLATURE TO -- TO

                    DO -- IN LIGHT OF THE INCREASE BY PERCENTAGE, POPULATION OVER THE AGE OF

                    -- OVER AT WHAT IS CALLED ELDERLY BASED ON DOCCS' MONTHLY REPORT, YOU

                    WOULD BE ABLE TO GEAR PROGRAMMING AS IT STATES IN THE BILL, AS OUTLINED

                    IN THE BILL, THE TYPES OF THINGS THAT WE'RE LOOKING FOR IN THE STUDY

                    WHETHER IT BE MEDICAL SERVICES, MENTAL HEALTH SERVICES, THINGS THAT HELP

                    WITH DISABILITIES AND THE OVERALL -- WHETHER SPECIALIZED HOUSING OR

                    SPECIALIZED PROGRAMMING AND JUST UNIQUE NEEDS AND VULNERABILITIES FOR

                    -- FOR PEOPLE IN GENERAL AS THEY AGE TO STUDY THAT ON A LONG-TERM BASIS

                    FOR THOSE WHO ARE IN CUSTODY.

                                 MR. GOODELL:  IS IT YOUR POSITION THAT DOCCS

                    DOESN'T ALREADY ADDRESS THESE ISSUES INTERNALLY?

                                 MR. DILAN:  I DON'T KNOW HOW THEY DO IT INTERNALLY.

                    BUT WE'D LIKE THEM, AND I THINK IT'D BE PRUDENT IN -- IN -- IN LIGHT OF THE

                                         31



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    GROWING PERCENTAGES, THAT THEY REPORT TO THE LEGISLATURE WHAT THEIR

                    LONG-TERM PLAN IS.  AND I BELIEVE IN THE BILL AS YOU CAN SEE IT, IT ASKS

                    THEM TO STUDY IT ON A FIVE YEAR, TEN YEAR, 20 YEAR BASIS SO THAT, YOU

                    KNOW, THIS LEGISLATURE AND FUTURE LEGISLATURES WOULD, YOU KNOW, BE

                    ABLE TO MAKE INFORMED DECISIONS.

                                 MR. GOODELL:  WELL, IF WE CONSIDER EVERYONE OVER

                    THE AGE OF 50 TO BE ELDERLY, DOES THAT MEAN WE CONSIDER EVERYONE

                    UNDER THE AGE OF 50 TO BE YOUTHFUL?

                                 MR. DILAN:  WELL, LET'S LOOK AGAIN.  IT'S THE REASON

                    WHY --

                                 MR. GOODELL:  I DO BY THE WAY.

                                 MR. DILAN:  SAY THAT AGAIN?

                                 MR. GOODELL:  I DO BY THE WAY.

                                 MR. DILAN:  YES.  AND DOCCS MAY VIEW IT A

                    DIFFERENT WAY.  AND THEY MAY NOT USE THEIR, YOU KNOW, THE CRITERIA THAT

                    THEY SET OUT IN THEIR MONTHLY REPORTING, BUT WE INTENTIONALLY GIVE THEM

                    THE FLEXIBILITY BECAUSE, YOU KNOW, CERTAINLY WHEN I WAS IN MY 30S, I

                    THOUGHT SOMEONE AT 50 WAS ELDERLY BUT I DO NOT SHARE THAT VIEW TODAY.

                                 MR. GOODELL:  I CAN RELATE.  NOW THIS CALLS FOR A

                    STUDY TO SEE WHETHER OR NOT THESE INDIVIDUALS ARE PROVIDED WITH

                    ADEQUATE OR SPECIALIZED HOUSING.

                                 MR. DILAN:  YES.

                                 MR. GOODELL:  MEDICAL CARE, NEED FOR

                    ACCESSIBILITY AND A FEW OTHER ISSUES.  AREN'T THOSE THE SAME EXACT

                    ISSUES, THOUGH, THAT WOULD NORMALLY APPLY TO SOMEONE WHO'S YOUTHFUL?

                                         32



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    I MEAN DON'T WE WANT TO MAKE SURE THAT THOSE WHO ARE YOUTHFUL IN

                    PRISON ARE PROVIDED WITH ADEQUATE HOUSING, ADEQUATE MEDICAL CARE,

                    ADEQUATE ACCESS?

                                 MR. DILAN:  YEAH, BUT THEY HAVE DIFFERENT --

                    DIFFERENT NEEDS.  YOU KNOW, ACCESSIBILITY YOU MENTIONED WAS, YOU

                    KNOW, AS IT STATES IN THE BILL, MORE SPECIFICALLY WHEELCHAIR-ACCESSIBILITY

                    AND OTHER ACCESSIBILITY NEEDS THAT SOMEONE WHO IS MORE ELDERLY AND

                    MORE FRAIL WOULD NEED.  AND I -- I WOULD NOTE THAT THE BILL ALSO DOES

                    NOT OBVIOUSLY PROVIDE A LIMIT ON WHAT THE MAXIMUM AGE IS.  IT LEAVES IT

                    OPEN TO -- TO INTERPRETATION, SO IF SOMEONE IS OLDER, YOU KNOW, DOCCS

                    CAN I GUESS BREAK DOWN THE NEEDS BASED ON, YOU KNOW, THEIR AGE RANGE

                    AND, YOU KNOW, SO THEY CAN TELL US HOW MANY PEOPLE NEED DISABLED

                    HOUSING, THEY CAN TELL US HOW MANY PEOPLE, YOU KNOW, NEED CERTAIN

                    THINGS THAT SOMEONE WHO IS MORE YOUTHFUL WOULD NOT NEED.

                                 MR. GOODELL:  AND VICE VERSA, RIGHT?

                                 MR. DILAN:  AND VICE VERSA.

                                 MR. GOODELL:  IS IT THAT ACCURATE THAT THE

                    INCARCERATED INDIVIDUALS THAT ARE OVER AGE 60 OR OVER AGE 65 ARE THERE

                    BECAUSE THEY'VE BEEN SENTENCED TO LIFE IN PRISON OR FOR A VERY LENGTHY

                    PRISON SENTENCE?

                                 MR. DILAN:  I WOULD SAY IT'S HIGHLY LIKELY, RIGHT, IT'D

                    BE HIGHLY LIKELY FOR THE MAJORITY OF -- OF FOLKS WHO -- WHO BECOME A

                    CERTAIN AGE BUT IT DOESN'T STOP SOMEONE WHO IS OUTSIDE OF CUSTODY FROM

                    COMMITTING CRIMES LATER ON IN LIFE, BUT I WOULD SAY MORE THAN LIKELY

                    THAT WOULD BE WHAT THE NUMBERS WOULD SHOW.

                                         33



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MR. GOODELL:  IS THIS STUDY A PRECURSOR FOR

                    LEGISLATION FOR ELDER PAROLE SO THAT ONCE YOU'RE OVER AGE 50, REGARDLESS

                    OF THE NATURE OF YOUR CRIME, YOU'D BE MORE LIKELY TO BE ELIGIBLE FOR

                    PAROLE?

                                 MR. DILAN:  NO.  SO THERE'S A SEPARATE PIECE OF

                    LEGISLATION ON THAT, BUT THIS IS SOLELY TO STUDY, YOU KNOW, HOW AS A STATE

                    AND HOW DOCCS AS AN AGENCY DEALS WITH THE INCREASING PERCENTAGE OF

                    PEOPLE WHO ARE AGING IN PRISON AND THEN TAILORING THEIR OPERATIONS AND

                    -- AND PLANNING BASED ON THE NEEDS OF THOSE INDIVIDUALS.  AND IT EVEN

                    INCLUDES THE -- THE -- THE -- THE PROGRAMS THAT DOCCS PROVIDE AND

                    INCLUDES ANY TRAINING THAT THEIR -- THEIR EMPLOYEES MAY NEED.

                                 MR. GOODELL:  I SEE.  HAVE YOU DISCUSSED THIS

                    LEGISLATION WITH DOCCS?

                                 MR. DILAN:  I HAVE NOT.

                                 MR. GOODELL:  I SEE.  AND DO YOU KNOW WHETHER

                    OR NOT DOCCS THINKS THEY NEED TO STUDY THIS POPULATION OR WHETHER

                    THEY'RE ALREADY PROVIDING ADEQUATE SERVICES?

                                 MR. DILAN:  I DON'T KNOW THE ANSWER TO THAT.

                                 MR. GOODELL:  I SEE.  THANK YOU VERY MUCH.  I

                    APPRECIATE YOUR COMMENTS.

                                 MR. DILAN:  THANK YOU, MR. GOODELL.

                                 MR. GOODELL:  SIR, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  THE OLDER I GET THE MORE I

                                         34



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    APPRECIATE STUDYING THE ELDERLY.  BUT NOTWITHSTANDING THAT, I ALSO HAVE

                    FAIRLY GOOD CONFIDENCE THAT THOSE WHO ARE RUNNING OUR PRISON SYSTEMS

                    ARE AWARE OF THE UNIQUE REQUIREMENTS OF THOSE WHO ARE OVER 50 OR 60

                    OR 65 AS THE CASE MAY BE.  I NEVER WOULD CONSIDER ANYONE 50 TO 55 AS

                    BEING ELDERLY OR EVEN UNDER THE AGE OF 60 ELDERLY.  YOU CAN'T EVEN

                    RETIRE AND COLLECT SOCIAL SECURITY UNTIL NOW IT'S CLOSER TO 65, AND IF YOU

                    USE 65 AS YOUR DEFINITION OF ELDERLY, YOU'RE ONLY TALKING ABOUT 1,200

                    INMATES.  I DON'T THINK WE NEED A STATUTE DIRECTING DOCCS TO PAY

                    ATTENTION TO THE 1,200 INMATES THAT ARE OVER AGE 65.  I THINK THEY'RE

                    DOING AN ADEQUATE JOB AND I HAVEN'T SEEN ANY DATA THAT INDICATES

                    OTHERWISE.  FOR THAT REASON WHILE I APPRECIATE THE DESIRE TO LOOK OUT FOR

                    OUR ELDERLY, I DON'T THINK THIS IS A REQUIREMENT THAT WE NEED TO ADDRESS

                    BY STATUTE.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  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 LEGISLATION.  THOSE WHO

                    SUPPORT IT, SHOULD CERTAINLY VOTE YES HERE ON THE FLOOR OF THE ASSEMBLY.

                    THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                                         35



                     NYS ASSEMBLY                                                       MAY 28, 2024

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

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

                    BE AN EXCEPTION.  THEY SHOULD FEEL FREE DO SO AT THEIR SEATS.  THANK

                    YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MA'AM.

                                 THE CLERK WILL RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. DILAN TO EXPLAIN HIS VOTE.

                                 MR. DILAN:  THANK YOU, MR. SPEAKER.  FIRST, I WANT

                    TO START BY JUST SAYING TO -- TO MR. GOODELL, I APPRECIATE THE DEBATE AND

                    JUST SAY TO YOU, AND I KNOW THIS MAY BE PREMATURE BUT I MAY NOT GET

                    ANOTHER CHANCE TO SAY THAT IT'S BEEN A PLEASURE ONE SERVING WITH YOU,

                    YOUR CREDIT TO YOUR CONFERENCE, YOUR CREDIT TO THIS HOUSE, AND YOUR

                    CREDIT TO THE STATE.  AND, YOU KNOW, WHILE WE DISAGREE A LOT, I CERTAINLY

                    WILL MISS YOU.

                                 BUT ON THE BILL WHERE WE CERTAINLY DISAGREE, I THINK

                    THE MOST IMPORTANT THING FOR US AS LEGISLATORS IS TO GET THE ANSWERS AS TO

                    HOW DOCCS IS HANDLING SITUATIONS LIKE THIS, AND WHILE THEY MAY DO IT

                    INTERNALLY THEY CERTAINLY DON'T SHARE IT WITH -- WITH US.  WHILE THEY MAY

                    MAKE SOME THINGS AVAILABLE ON THEIR WEBSITE, I THINK IT'LL BE THIS

                    LEGISLATURE AND FUTURE LEGISLATURES THAT WILL HAVE TO CRAFT LEGISLATION

                    DICTATING HOW DOCCS GOES FORWARD IN THE FUTURE.  AND FROM MY TIME

                    HERE JUST IN 2014 WHEN I STARTED TO TODAY, THAT'S CHANGED DRASTICALLY,

                    AND I HAVEN'T BEEN HERE AS LONG AS SOME.  SO OVER THE NEXT 20 YEARS,

                    YOU KNOW, CERTAINLY IT'S GOING TO CHANGE A LOT AND I BELIEVE THIS STUDY

                                         36



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    WILL BE HELPFUL IN THAT REGARD.  NOW IF IT TURNS OUT THAT DOCCS IS DOING

                    EVERYTHING THAT WE ASKED THEM FOR IN THIS BILL, THAT CERTAINLY WILL BE

                    GOOD TO KNOW AS WELL, BUT RIGHT NOW, YOU KNOW, WE DON'T KNOW THAT

                    AND THAT'S THE REASON WHY I SUPPORT THE BILL.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. DILAN IN THE

                    AFFIRMATIVE.

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I WANT TO -- FIRST OF ALL, I CERTAINLY WANT TO SAY DITTO TO MY

                    COLLEAGUE'S COMMENTS REGARDING THE MINORITY LEADER HERE AND HIS

                    TENURE HERE HAS BEEN STELLAR.  BUT I ALSO WANT TO SAY ON THIS BILL,

                    THOUGH, IS THAT SOMETIMES, PARTICULARLY FOR ELDERLY PEOPLE, IT'S

                    IMPORTANT THAT YOU UNDERSTAND WHAT ALL THE DATA IS, WHAT ARE THE

                    TOUCHPOINTS.  AS WE MOVE PARTICULARLY IN OUR INSTITUTIONS TOWARDS

                    TELEMEDICINE, I THINK IT'S CRITICAL THAT WE UNDERSTAND HOW PEOPLE ARE

                    BEING TREATED.  THE OBJECT OF BEING INCARCERATED IS SUPPOSED TO BE

                    HUMANE, FIRST OF ALL, AND I DON'T DOUBT THAT IT IS, BUT I WOULD LOVE TO SEE

                    THE DATA ON THAT, PARTICULARLY FOR PEOPLE WHO ARE UP IN AGE.  AND SO I

                    THINK IT'S A REASONABLE REQUEST AND I APPLAUD THE SPONSOR FOR ASKING FOR

                    IT AND I'M LOOKING FORWARD TO VOTING IN FAVOR.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                    IN THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                               (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         37



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MS. WALSH FOR THE PURPOSES OF A INTRODUCTION.

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

                    I'M JOINED HERE TODAY BY THE MAYOR OF THE VILLAGE OF BALLSTON SPA,

                    FRANK ROSSI, JR. BALLSTON SPA SITS AT THE HEART OF MY DISTRICT AND IS ALSO

                    THE HOME TO MY DISTRICT OFFICE.  MAYOR ROSSI WAS ELECTED TO OFFICE FIRST

                    IN 2022 AND WORKS TIRELESSLY TO KEEP "A VILLAGE OF FRIENDS" A SAFE AND

                    DESIRABLE PLACE TO LIVE, WORK AND PLAY.  MAYOR ROSSI'S COMMUNITY

                    INVOLVEMENT EXPANDS BEYOND THE TRADITIONAL ROLES OF HIS OFFICE AS HE

                    REGULARLY ATTENDS SPORTING EVENTS FOR THE LOCAL SCHOOL DISTRICT,

                    OFTENTIMES EVEN TAKING A TRIP TO AWAY GAMES.  HE UNDERSTANDS THE

                    IMPORTANCE OF EDUCATING OUR YOUTH AS WELL.  HE'S INVITED THE BALLSTON

                    SPA HIGH SCHOOL VARSITY FOOTBALL TEAM TO BE ACTIVE PARTICIPANTS IN THE

                    VILLAGE'S 9/11 MEMORIAL CEREMONY, AND HIS WORK ALONGSIDE MEMBERS

                    OF THE BOARD OF TRUSTEES HAS ALSO HELPED TO SECURE FEDERAL GRANT

                    FUNDING, CONTINUABLE LOVED VILLAGE EVENTS AND START NEW TRADITIONS FOR

                    ALL THOSE IN THE COMMUNITY TO ENJOY.

                                 MR. SPEAKER, WOULD YOU PLEASE JOIN ME IN WELCOMING

                    MAYOR FRANK ROSSI JR. TO THE CHAMBER TODAY AND EXTEND TO HIM THE

                    PRIVILEGES OF THE FLOOR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

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

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

                    PRIVILEGES OF THE FLOOR.  THANK YOU FOR TAKING SO GREAT CARE OF YOUR

                    COMMUNITY.  CONTINUE THAT WORK PARTICULARLY AS IT EFFECTS THE YOUNG

                    PEOPLE OF OUR STATE.  AND WE ARE ALWAYS WELCOME TO HAVE YOU HERE,

                                         38



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    SIR.  THANK YOU.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

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

                    COULD PLEASE CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE

                    ROOM.

                                 ACTING SPEAKER AUBRY:  RULES COMMITTEE,

                    SPEAKER'S CONFERENCE ROOM.  WILL YOU PLEASE GO THERE IMMEDIATELY?

                                 PAGE 24, CALENDAR NO. 135, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A04820-B, CALENDAR

                    NO. 135, RIVERA, BENEDETTO, BRONSON, CLARK, COLTON, CONRAD, DE LOS

                    SANTOS, DINOWITZ, GLICK, GONZÁLEZ-ROJAS, HEVESI, JACKSON, JACOBSON,

                    LUNSFORD, MCDONOUGH, MEEKS, PEOPLES-STOKES, REYES, L. ROSENTHAL,

                    SEAWRIGHT, SEPTIMO, SILLITTI, SIMON, STECK, TAYLOR, THIELE, STIRPE,

                    STERN, ARDILA, WALKER, KELLES, BURDICK, SANTABARBARA, SHIMSKY,

                    CUNNINGHAM, ZINERMAN.  AN ACT TO AMEND THE REAL PROPERTY LAW, IN

                    RELATION TO REQUIRING THE DISCLOSURE OF LEAD-BASED PAINT TEST REPORTS IN

                    REAL ESTATE TRANSACTIONS.

                                 ACTING SPEAKER AUBRY:  MR. RIVERA, AN

                    EXPLANATION HAS BEEN REQUESTED, SIR.

                                 MR. RIVERA:  THANK YOU.  BEFORE YOU IS A BILL THAT

                    WOULD ACT TO AMEND THE REAL PROPERTY LAW IN RELATION TO REQUIRING THE

                    DISCLOSURE OF LEAD-BASED PAINT TEST REPORTS IN REAL ESTATE TRANSACTIONS.

                                 ACTING SPEAKER ZACCARO:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  WOULD MY

                                         39



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    COLLEAGUE YIELD FOR A QUESTION?

                                 ACTING SPEAKER ZACCARO:  MR. RIVERA, WILL

                    YOU YIELD?

                                 MR. RIVERA:  YES, SIR.

                                 ACTING SPEAKER ZACCARO:  THE SPONSOR

                    YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. RIVERA.  WHAT IS

                    THE AVERAGE COST OF THIS TYPE OF TEST?

                                 MR. RIVERA:  SORRY.  COULD YOU SAY THAT AGAIN?

                                 MR. GOODELL:  WHAT IS THE COST OF THIS TYPE OF

                    TEST?

                                 MR. RIVERA:  SURE.  AFTER DISCUSSIONS WITH

                    INDIVIDUALS IN THE BUSINESS, PEOPLE THAT ACTUALLY NOT ONLY DO CERTIFIED

                    TESTING BUT ACTUALLY TEACH CERTIFICATIONS, IT LOOKS AS THOUGH THE AVERAGE

                    COST OF A TEST IS SOMEWHERE BETWEEN 3- AND $500, GIVE OR TAKE.

                                 MR. GOODELL:  BETWEEN 3- AND $500?

                                 MR. RIVERA:  CORRECT.

                                 MR. GOODELL:  AND HOW MANY REAL ESTATE TRANSFERS

                    DO WE HAVE IN NEW YORK STATE A YEAR?

                                 MR. RIVERA:  OH, HOW MANY ACTUAL REAL ESTATE

                    TRANSFERS?  COULDN'T TELL YOU.  A LARGE -- LARGE NUMBER, I IMAGINE.

                                 MR. GOODELL:  WE'RE TALKING 100,000?  COUPLE

                    100,000?

                                 MR. RIVERA:  YOUR GUESS IS AS GOOD AS MINE.

                                 MR. GOODELL:  SO THIS BILL BY ITSELF WOULD ADD

                                         40



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    MILLIONS AND MILLIONS OF DOLLARS TO THE COST OF REAL ESTATE TRANSACTIONS

                    IN NEW YORK STATE, RIGHT?

                                 MR. RIVERA:  WELL, TRUTHFULLY, THE WAY THAT IT'S SET

                    UP CURRENTLY IS THAT THE COST OF PERFORMING THE ACTUAL TEST ITSELF IS

                    DEDUCTIBLE ON THE PART OF THE SELLER THROUGH THE TRANSFER TAX INTO THE

                    CLOSING PROCESS.

                                 MR. GOODELL:  NOW IF A SELLER DOESN'T PERFORM THE

                    TEST OR GIVE THE TEST RESULTS TO A BUYER, THEN THE BUYER CAN DEDUCT FROM

                    THE PURCHASE PRICE, RIGHT?

                                 MR. RIVERA:  YOU'RE SAYING IN A SCENARIO WHEREIN

                    WHICH A TEST IS NOT DONE OR WHERE A TEST IS DONE?

                                 MR. GOODELL:  WHERE A TEST IS NOT DONE.

                                 MR. RIVERA:  WELL, IF THIS LAW PASSES AS IS AND THE

                    TEST ISN'T DONE, THEN THERE'S A PENALTY FOR NOT PRODUCING THE TEST.  IF THE

                    SCENARIO YOU'RE SORT OF LOOKING AT IS IF A TEST IS DONE AND IT'S DETERMINED

                    THAT A HOUSE HAS TO THROW OUT A NUMBER $10,000 WORTH OF LEAD THAT CAN

                    EITHER BE ABATED OR REMEDIATED, I SUPPOSE THE BUYER COULD LOOK AT THAT

                    SCENARIO AND SAY WELL, THEN I WANT TO DEDUCT THAT AMOUNT FROM THE SALE

                    OF THE PRICE AND THAT'S WHEN THE BUYER AND SELLER NEGOTIATES.

                                 MR. GOODELL:  BUT THIS PROVIDES -- IF THE TEST IS

                    NOT DONE, THEN THE BUYER CAN DEDUCT UP TO $500 FROM THE PURCHASE

                    PRICE, CORRECT?

                                 MR. RIVERA:  NO.

                                 MR. GOODELL:  WELL, I'M TAKING A LOOK AT PAGE 5,

                    LINE 51.  WELL, ACTUALLY IT'S 47 THROUGH 51.

                                         41



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MR. RIVERA:  THE $500 IS THE MAXIMUM AMOUNT

                    THAT CAN BE DEDUCTED FOR THE COST OF THE -- OF THE TEST.

                                 MR. GOODELL:  AND THAT'S PAID -- SO IT'S DEDUCTED

                    FROM THE PURCHASE PRICE BY THE BUYER, CORRECT?

                                 MR. RIVERA:  WELL, IT'S DEDUCTED FROM THE TRANSFER

                    TAX BY THE SELLER.

                                 MR. GOODELL:  OKAY.  NOW YOU HAVE A NUMBER OF

                    EXEMPTIONS.

                                 MR. RIVERA:  CORRECT.

                                 MR. GOODELL:  ARE THERE EXEMPTIONS FOR HOUSES

                    THAT ARE BUILT AFTER 1974?

                                 MR. RIVERA:  THIS ONLY DEFINES THE REAL ESTATE THAT

                    IT WOULD SORT OF TOUCH ON THIS WOULD BE ANY HOUSE BUILT BEFORE 1978.

                                 MR. GOODELL:  WHERE'S THAT IN YOUR BILL?

                                 MR. RIVERA:  IN THE SECTION OF DEFINITIONS.  IT SAYS,

                    RESIDENTIAL REAL PROPERTY SHALL MEAN ANY PROPERTY IMPROVED BY

                    RESIDENTIAL DWELLING ERECTED PRIOR TO THE YEAR 1978.

                                 MR. GOODELL:  SO THIS WOULD NOT APPLY THEN AT ALL

                    BY DEFINITION TO ANY HOUSE AFTER 1974.  WHAT ABOUT HOUSES THAT WERE

                    BUILT BEFORE 1974 THAT HAVE ALREADY GONE THROUGH RED -- LED

                    REMEDIATION?  ARE THEY EXEMPT FROM DOING THIS FURTHER TEST?

                                 MR. RIVERA:  THEY ARE NOT.

                                 MR. GOODELL:  WHY?

                                 MR. RIVERA:  WELL, BECAUSE AT THE POINT OF SALE AN

                    ACTUAL CERTIFICATE NEEDS TO BE PROVIDED TO THE BUYER STATING THAT AN

                                         42



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    EXAM HAD BEEN DONE BY A CERTIFIED INSPECTOR.

                                 MR. GOODELL:  AM I CORRECT THAT RENT-STABILIZED

                    APARTMENTS IN THE CITY OF NEW YORK MUST GO THROUGH LEAD ABATEMENT

                    WHEN THEY BECOME VACANT?

                                 MR. RIVERA:  IT'S TRUE THAT THE CITY OF NEW YORK

                    HAS A -- TRUTHFULLY ONE OF THE BEST LAWS ON THE BOOKS FOR AN INDIVIDUAL

                    MUNICIPALITY.  WHEN IT COMES TO LEAD IN GENERAL, THERE ARE LAWS IN THE

                    CITY OF NEW YORK THAT MAKE IT SO THAT YES, UNITS HAVE TO BE TESTED.  BUT

                    THE -- ASIDE FROM THE ACTUAL TESTING, THE BILL DOESN'T JUST SPEAK TO

                    TESTINGS.  THE BILL SPEAKS TO REPORTING, AND THAT THAT REPORT NEEDS TO BE

                    PROVIDED BOTH TO THE INCOMING BUYER AS WELL AS THE DEPARTMENT OF

                    HEALTH.  SO EVEN IF A HOUSE PRESUMABLY HAD BEEN REMEDIATED BEFORE,

                    CHANCES ARE THAT REPORT THAT WAS FURNISHED IN THAT, YOU KNOW, REVIEW,

                    HAD NOT BEEN FILED EITHER WITH THE INCOMING TENANT OR BUYER AND THE

                    DEPARTMENT OF HEALTH.

                                 MR. GOODELL:  NOW BEFORE WE LEAVE THE NEW

                    YORK CITY REQUIREMENT, WHICH YOU -- YOU COMPLIMENTED, AM I CORRECT

                    THAT IN NEW YORK CITY THAT LEAD ABATEMENTS TYPICALLY RUNS 50- TO

                    $75,000 PER UNIT?

                                 MR. RIVERA:  I'M NOT SURE HOW MUCH OF IT GOES IN

                    FOR NEW YORK CITY.

                                 MR. GOODELL:  OKAY.

                                 MR. RIVERA:  I GUESS I CAN'T SPEAK TO THAT.  BUT

                    TRUTHFULLY IN THE END, THE BILL DOESN'T SPEAK SPECIFICALLY TO REMEDIATION

                    OR ABATEMENT.  THE BILL DOESN'T MAKE IT MANDATORY, DOESN'T MAKE IT A

                                         43



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    REQUIREMENT.  IT SOLELY MAKES IT SO THAT A REPORT IS FURNISHED LETTING THE

                    TENANT OR INCOMING BUYER KNOW WHERE LEAD IS.

                                 MR. GOODELL:  NOW THIS BILL TALKS ABOUT CONTRACTS

                    WHERE THE SALE IS AS IS.  IF THE CONTRACT SAYS THE SALE IS AS IS, DOES THAT

                    EXEMPT THE SELLER FROM HAVING TO PROVIDE THIS TEST?

                                 MR. RIVERA:  NO.  THERE'S NO WAIVER FOR THAT TYPE

                    OF CONTRACT.  THE ONLY EXEMPTIONS ARE THE ONES THAT ARE LISTED BELOW

                    AND THE TYPE OF TRANSACTIONS THAT WON'T HAVE TO GO THROUGH THE PROCESS.

                                 MR. GOODELL:  OKAY.  NOW THIS APPLIES NOT ONLY

                    FOR THE SALE OF HOUSES BUT ALSO FOR LEASES, CORRECT?

                                 MR. RIVERA:  CORRECT.

                                 MR. GOODELL:  SO WE'RE NOW IMPOSING A $500 --

                    3- TO $500 COST ON EVERY LANDLORD FOR EVERY HOUSING UNIT THAT WAS BUILT

                    BEFORE 1974?

                                 MR. RIVERA:  WELL, TRUTHFULLY IN SCENARIOS LIKE A --

                    LIKE A SALE, YOU'RE LOOKING AT A CASE WHEREIN WHICH A SELLER IS GOING TO

                    BE, YOU KNOW, MAKING MONEY OFF OF THE SALE OF A PROPERTY AND

                    THEREFORE THE COST IS GOING TO BE RELATIVELY SMALL BECAUSE ONE, THEY'RE

                    GOING TO BE ABLE TO DEDUCT THE COST OF THE -- OF THE TEST FROM THEIR

                    CLOSING COSTS, BUT THEN ALSO IT'S NOT AS IF THEY HAVE TO IN SOME

                    MANDATORY WAY REMEDIATE THE LEAD.  WHEN IT COMES TO A LEASE, YES, THAT

                    WOULD HAVE TO HAPPEN.  BUT, IT ONLY HAS TO HAPPEN ONCE PER UNIT, ONCE

                    PER DWELLING.

                                 MR. GOODELL:  THANK YOU VERY MUCH FOR THOSE

                    CLARIFICATIONS.

                                         44



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 SIR, ON THE BILL.

                                 ACTING SPEAKER ZACCARO:  ON THE BILL.

                                 MR. GOODELL:  I APPRECIATE MY COLLEAGUE'S

                    CONCERN ABOUT LEAD, AND THE GOOD NEWS IS THAT THE AMOUNT OF PEOPLE

                    THAT ARE TESTING POSITIVE FOR EXCESS LEAD HAS BEEN DROPPING DRAMATICALLY

                    OVER THE LAST SEVERAL YEARS.  IN PART BECAUSE LEAD PAINT WAS OUTLAWED IN

                    1974.  AND SO AFTER, YOU KNOW, 50 YEARS SINCE LEAD PAINT WAS USED, THE

                    AMOUNT OF LEAD PAINT THAT'S AVAILABLE IN APARTMENTS HAS DRAMATICALLY

                    DECREASED.  THE CHALLENGE THAT WE HAVE WHENEVER WE ACT ON LEGISLATION

                    LIKE THIS IS TRYING TO DO A COST-BENEFIT ANALYSIS, AND I'LL JUST GIVE A

                    SIMPLE EXAMPLE.  THERE'S REPORTS OUT OF NEW YORK CITY THAT THE COST OF

                    LEAD ABATEMENT THAT'S REQUIRED WHENEVER A RENT-STABILIZED APARTMENT

                    BECOMES VACANT CAN RUN ANYWHERE FROM 50- TO $75,000 PER UNIT.

                    HERE'S THE PROBLEM:  THAT LOCAL LAW THAT REQUIRES LEAD ABATEMENT THAT

                    COSTS THE LANDLORD 50- TO $75,000 PER UNIT, THEN HITS THE REALITY OF

                    LEGISLATION PASSED BY THE MAJORITY IN THIS HOUSE THAT CAPS THE AMOUNT

                    THAT YOU CAN RECOVER TO $30,000 PER UNIT.  NOW THINK ABOUT THAT.  YOU

                    HAVE A CITY REQUIREMENT THAT COSTS YOU ANYWHERE FROM 50- TO 75,000

                    AND THEN YOU HAVE THE STATE LEGISLATURE SAYING YOU CANNOT RAISE THE

                    RENT TO RECOUP THAT INVESTMENT, GUESS WHAT'S HAPPENING?  IF YOU CAME

                    TO THE CONCLUSION THAT THOSE VACANT UNITS ARE UNAFFORDABLE TO RE-RENT,

                    YOU ARE CORRECT.  AND SO WHILE NEW YORK CITY HAS A HORRIFICALLY LOW

                    VACANCY RATE, 1.2 OR 1.3 PERCENT, THE VACANCY RATE IN RENT-STABILIZED

                    APARTMENTS IS 25 PERCENT.  THINK ABOUT THAT.  THE COMBINATION OF OUR

                    RESTRICTIONS ON WHAT YOU CAN RECOVER, COMBINED WITH THE NEW YORK

                                         45



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    CITY'S REQUIREMENTS THAT YOU SPEND A SMALL FORTUNE, MEANS THOSE UNITS

                    ARE BEING ELIMINATED FROM THE MARKET THROUGH ATTRITION.  SO AT THE VERY

                    -- VERY MOMENT THAT THE POOR ARE CLAMORING FOR A RELIEF THAT WANT MORE

                    AFFORDABLE HOUSING, WE HERE IN THE STATE WITH OUR LEAD RESTRICTIONS AND

                    OUR CAPS ON RECOUPMENT, ARE ELIMINATING THE VERY AFFORDABLE HOUSING

                    THEY NEED.  AND NOW WE TAKE THAT LEAD REQUIREMENT AND WE

                    (INAUDIBLE).  AND WE IMPOSE A NEW COST ON EVERY SELLER OF UP TO $500

                    TO PROVIDE THIS TEST. AND THERE'S SOME RECOUPMENT ON IT, AS MY

                    COLLEAGUE MENTIONED.  BUT THE BOTTOM LINE IS THE ADDITIONAL TIME IT

                    TAKES SLOWS DOWN THE REAL ESTATE TRANSFER.  THE UPFRONT MONEY MAKES IT

                    MORE DIFFICULT TO SELL, NOT EVERY SALE RESULTS IN A PROFIT, BUT I CAN

                    ABSOLUTELY ASSURE YOU THAT EVERY TIME WE ADD EXPENSES TO THE CLOSING,

                    IT'S THE BUYERS THAT ULTIMATELY PAY.  SO WHILE EVERYONE AROUND THE STATE

                    IS SAYING WE NEED MORE AFFORDABLE HOUSING, THIS IS ONE MORE

                    LEGISLATIVE PIECE THAT ADDS TO THE COST OF HOUSING.  ONE MORE THING TO

                    KEEP IN MIND.  WE ALREADY DISCLOSED THE DANGER OF LEAD AND WE REQUIRE

                    A WRITTEN ACKNOWLEDGEMENT BY BOTH THE BUYERS AND SELLERS ON LEAD FOR

                    EVERY SINGLE REAL ESTATE TRANSACTION, THAT'S ALREADY IN LAW.  WE ALREADY

                    DO THAT.  BUT WHAT WE DON'T DO IS REQUIRE LANDLORDS TO SPEND UP TO $500

                    PER UNIT TO DO A TEST, THE COST OF WHICH THEY WILL PASS ON TO OUR POOR

                    TENANTS WHO ARE STRUGGLING TO MAKE RENT PAYMENTS NOW.

                                 SO WHILE I APPRECIATE MY COLLEAGUE'S DESIRE TO

                    MINIMIZE LEAD, WE ARE MAKING ALREADY SUBSTANTIAL PROGRESS AND WE

                    ALREADY REQUIRE DISCLOSURE OF THE DANGERS OF LEAD AND WHETHER OR NOT

                    WE ARE AWARE OF ANY PROBLEMS.  FOR THAT REASON I DON'T THINK THIS

                                         46



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    EXPENSIVE PIECE OF LEGISLATION IS NECESSARY.  THANK YOU, THOUGH, TO MY

                    COLLEAGUE FOR ANSWERING MY QUESTIONS.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ZACCARO:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT AUGUST 1ST,

                    2025.

                                 ACTING SPEAKER ZACCARO:  A PARTY VOTE HAS

                    BEEN REQUESTED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    CONFERENCE IS GENERALLY OPPOSED.  CERTAINLY THOSE WHO SUPPORT IT

                    SHOULD VOTE YES ON THE FLOOR.  THANK YOU, SIR.

                                 ACTING SPEAKER ZACCARO:  MS. SOLAGES.

                                 MS. SOLAGES:  THE MAJORITY CONFERENCE WILL BE

                    VOTING IN THE AFFIRMATIVE.  THOSE WHO WISH TO VOTE IN THE NEGATIVE CAN

                    DO SO AT THEIR DESK.

                                 ACTING SPEAKER ZACCARO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                               (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 15, CALENDAR NO. 23, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00725, CALENDAR NO.

                    23, HUNTER, JACOBSON, SILLITTI, WALLACE, REYES, EACHUS.  AN ACT TO

                                         47



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    AMEND THE ELECTION LAW, IN RELATION TO THE ORDER IN WHICH CANDIDATES

                    APPEAR ON THE BALLOT.

                                 ACTING SPEAKER ZACCARO:  ON A MOTION BY

                    MS. HUNTER, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 AN EXPLANATION HAS BEEN REQUESTED, MS. HUNTER.

                                 MS. HUNTER:  THANK YOU, MR. SPEAKER.  THIS BILL

                    SIMPLY MODIFIES THE ORDER IN WHICH CANDIDATES APPEAR ON THE BALLOT.  IT

                    REQUIRES THAT OFFICES SHOULD BE LISTED ON THE BALLOT IN DESCENDING ORDER

                    BASED ON THE SIZE OF THE ELECTORATE AND REQUIRES CERTAIN FEDERAL OFFICES

                    TO BE LISTED BEFORE STATE, COUNTY, OR LOCAL OFFICES.

                                 ACTING SPEAKER ZACCARO:  MR. NORRIS.

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

                    SPONSOR YIELD?

                                 ACTING SPEAKER ZACCARO:  MS. HUNTER, WILL

                    YOU YIELD?

                                 MS. HUNTER:  YES.

                                 ACTING SPEAKER ZACCARO:  THE SPONSOR

                    YIELDS.

                                 MR. NORRIS:  THANK YOU, MS. HUNTER.  SO I WANT TO

                    GET THIS CORRECT.  THIS IS A PRETTY SUBSTANTIAL CHANGE, CORRECT, ON THE

                    BALLOT, BECAUSE TYPICALLY WE HAVE THE OFFICES OF STATE SUPREME COURT

                    JUSTICE SOMETIMES BEFORE EVEN THE MEMBERS OF CONGRESS, CORRECT?

                                 MS. HUNTER:  CORRECT.

                                 MR. NORRIS:  AND THIS BILL WOULD NOW SHIFT THOSE

                                         48



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    JUSTICES TO THE BACK OF THE BALLOT --

                                 MS. HUNTER:  CORRECT.

                                 MR. NORRIS: -- OR AT LEAST TO THE END OF THE BALLOT --

                                 MS. HUNTER:  CORRECT.

                                 MR. NORRIS: -- AS WELL AS ALL JUDICIAL OFFICES,

                    CORRECT?

                                 MS. HUNTER:  CORRECT.

                                 MR. NORRIS:  WOULD THAT INCLUDE THE OFFICES OF

                    COUNTY JUDGE, FAMILY COURT JUDGE, CITY COURT JUDGE, TOWN JUSTICE --

                                 MS. HUNTER:  YES.

                                 MR. NORRIS: -- CIVIL JUDGES, ALL OF THEM?  WOULD IT

                    MATTER WHETHER THOSE RACES ARE CONTESTED OR NOT?

                                 MS. HUNTER:  NO.

                                 MR. NORRIS:  SO SOMETIMES RIGHT IN THE STATE OF

                    NEW YORK WE HAVE CROSS ENDORSEMENTS OR THEY WIN THE PRIMARIES AND

                    THEY'RE APPEARING ON ALL -- ALL THE LINES, BUT SOMETIME THERE'S ALSO

                    CONTESTED RACES EITHER BY NOMINATION OR DUE TO THE PRIMARY PROCESS,

                    PARTICULARLY IN THE OFFICES OF, YOU KNOW, COUNTY COURT JUDGE, FAMILY

                    COURT JUDGE, CITY COURT JUDGE, BUT THOSE -- THOSE JUDICIAL OFFICES

                    WOULD BE ALL SHIFTED TO THE END OF THE BALLOT.

                                 MS. HUNTER:  CORRECT.

                                 MR. NORRIS:  WELL, WHY IS THAT?

                                 MS. HUNTER:  SIMPLY JUST A LOGICAL ORDER AND I

                    WOULD THINK IF YOU ASKED MOST VOTERS WHO WOULD BE ON THE BALLOT FIRST

                    THEY WOULDN'T SAY A SUPREME COURT JUDGE WOULD BE BEFORE THE

                                         49



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    PRESIDENT OF THE UNITED STATES.  AND WE WANT TO MAKE SURE THAT THERE

                    ISN'T VOTER DROP-OFF AND I KNOW IN PLACES LIKE IN NASSAU COUNTY, THERE

                    WAS A SIGNIFICANT VOTER DROP-OFF BECAUSE OF CONGRESSIONAL -- OR EXCUSE

                    ME, JUDICIAL CANDIDATES ON THE BALLOT BEFORE EVEN FEDERAL RACES.

                                 MR. NORRIS:  AND DO WE KNOW IF THAT'S THE REASON

                    WHY BECAUSE YOU HAVE THE JUDGES IN BETWEEN?

                                 MS. HUNTER:  WELL, VOTER DROP-OFF WE HAVE

                    PERCENTAGES AND WE KNOW THAT PEOPLE GO THROUGH VOTING FOR SOME

                    JUDGES AND BEFORE THEY EVEN GET TO CONGRESS THEY DROP OFF AND DON'T

                    COMPLETE THE REST OF THE BALLOT.  SO WE'RE JUST TRYING TO MAKE A UNIFORM

                    ORDER FOR FOLKS TO UNDERSTAND ACROSS THE STATE WHAT ORDER OFFICES ARE

                    LEFT.

                                 MR. NORRIS:  HAS IT BEEN TRADITIONALLY DONE BY THE

                    ORDER OF JURISDICTION IN THE PAST?  I MEAN OBVIOUSLY I UNDERSTAND THE

                    PRESIDENT OF THE UNITED STATES, THE GOVERNOR SHOULD BE FIRST.  BUT ISN'T

                    IT OFTENTIMES DONE JUST BY JURISDICTIONAL, A LOGICAL SAKE FOR THE REST OF

                    THE BALLOT?

                                 MS. HUNTER:  WE WANT TO MAKE SURE THAT THIS IS

                    UNIFORM ACROSS THE STATE.  SO COUNTY BOARDS OF ELECTIONS CAN AND THEY

                    DO, BUT WE WANT TO MAKE SURE THAT THERE ISN'T AN INSTANCE WHERE IN

                    SOME COUNTIES JUDGES ARE FIRST AND OTHER COUNTIES WE HAVE THE

                    PRESIDENT SAY FIRST.

                                 MR. NORRIS:  OKAY.  HAS THERE EVER BEEN A

                    SITUATION WHERE THE PRESIDENT OF THE UNITED STATES HAS FOLLOWED A

                    JUDGE?

                                         50



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MS. HUNTER:  YOU SAID FOLLOWED BY A JUDGE?

                                 MR. NORRIS:  THE PRESIDENT OF THE UNITED STATES

                    WOULD FOLLOW THE JUDGE.  I MEAN I'VE NEVER SEEN THAT IN THE BALLOT 25

                    YEARS I'VE SEEN BALLOTS IN NEW YORK STATE.

                                 MS. HUNTER:  I DON'T KNOW.

                                 MR. NORRIS:  OKAY.  I -- I THINK ONE OF THE MAIN

                    REASONS WHY WE HAVE THE ORDER THAT WE HAVE TODAY UNDER PRESENT LAW

                    IS BASED UPON THE JURISDICTIONAL SIZE.  SO, FOR EXAMPLE, THE BOARD OF

                    ELECTIONS START WITH THE PRESIDENT OF THE UNITED STATES AND THEN THEY GO

                    TO THE -- GOVERNOR WOULD BE IN THE OTHER EVEN YEAR AND THEN THEY HAVE

                    USUALLY THE (INAUDIBLE) DISTRICT OR THE OTHER DISTRICTS ARE FAIRLY LARGE

                    OVER THE COUNTIES AND THEY COMPRISE OF A PARTICULAR COUNTY SO THAT'S

                    WHY THEY GO NEXT AND THE RACES FOLLOW THEREAFTER.  I HAVE NOT SEEN

                    WHERE THERE'S BEEN AN ISSUE WITH THAT.  IT'S LOGICALLY WORKED THAT WAY

                    WELL FOR MANY YEARS.  I'M JUST TRYING TO FIGURE OUT IF YOU HAVE ANY DATA

                    OR INFORMATION REGARDING THIS DROP-OFF OR HOW THINGS ARE DONE IN OTHER

                    STATES AS WELL.

                                 MS. HUNTER:  WELL, AS -- AS FAR AS OTHER STATES, I

                    DON'T KNOW BUT THE PRESIDENT IS ELECTED EVERY FOUR YEARS SO YOUR

                    INSTANCE WHERE YOU'RE TALKING ABOUT THE OFF-YEAR ELECTIONS WHERE THERE

                    COULD BE AN INSTANCE WHERE WE SAW LIKE I SAID IN NASSAU COUNTY WHERE

                    JUDGES WERE ON THE BALLOT BEFORE A CONGRESSPERSON AND 24,000 PEOPLE

                    DROPPED OFF THE BALLOT AND DID NOT VOTE FOR THEIR CONGRESSPERSON IN THE

                    20TH CONGRESSIONAL DISTRICT.

                                 MR. NORRIS:  OKAY.  SO LET ME JUST ASK YOU A

                                         51



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    QUESTION:  DON'T YOU THINK IT WOULD BE WISE FOR US TO CONTINUE TO

                    PROMOTE VOTER EDUCATION TO EXPLAIN TO THE CONSTITUENCIES THAT QUITE

                    FRANKLY EVERY OFFICE IS IMPORTANT, NOT JUST PRESIDENT, MEMBER OF THE

                    ASSEMBLY, JUDGES, MAYORS, COUNCIL, THAT WE SHOULD REALLY TAKE THE TIME

                    WHEN WE GET OUR BALLOT TO VOTE FOR OFFICES IF THEY SO CHOOSE AND WE SAY

                    GIVE IT A CONSIDERATION, ON THE BALLOT THROUGH SOME VOTER EDUCATION.

                                 MS. HUNTER:  I DO THINK EDUCATION IS EXTREMELY

                    IMPORTANT AND THAT PROBABLY WOULD BE WELL-SUITED FOR CIVICS LESSONS

                    AND I THINK MAYBE HAVING CONVERSATIONS WITH THE FOLKS WHO HAVE THE

                    EDUCATION AND HIGHER EDUCATION COMMITTEES WOULD BETTER BE SERVED

                    ANSWERING THAT QUESTION, BUT I THINK HAVING UNIFORMITY RELATIVE TO NOT

                    HAVING CONFUSION RELATIVE TO THE ORDERING OF THE BALLOT STATEWIDE IS EASY

                    FOR -- FOR ALL OF US TO BE ABLE TO FOLLOW.  AND MIND YOU, A LOT OF PEOPLE

                    DON'T KNOW WHO THESE JUDGES ARE.  YOU KNOW THAT THEY'RE NOT ABLE TO

                    CAMPAIGN IN A WAY THAT MAY BE PARTISAN.  CANDIDATES ARE ABLE TO

                    CAMPAIGN, THEY DON'T HAVE A PLATFORM, THEY CAN'T REALLY TELL YOU HOW

                    THEY WOULD VOTE ON SPECIFIC CASES.  THEY CAN TELL YOU THEIR EDUCATION,

                    THEY CAN TELL YOU, YOU KNOW, WHO THEY'RE MARRIED TO AND WHERE THEY

                    GREW UP, BUT REALLY YOU'RE NOT GETTING MUCH INFORMATION ABOUT THE

                    CANDIDATE.  NOT DIMINISHING OBVIOUSLY WHAT THEY'RE RUNNING FOR, BUT

                    WE WANT TO MAKE SURE THOSE FOLKS IN ORDER OF THE ELECTORATE ARE PLACED

                    FIRST IN THE BALLOT AND HAVING UNIFORMITY ACROSS THE STATE.

                                 MR. NORRIS:  OKAY.  LET ME JUST POINT OUT

                    SOMETHING.  SO WHERE I COME FROM UP IN NIAGARA COUNTY WE HAVE A LOT

                    OF TOWN OFFICES.  YOU KNOW, OFTENTIMES THEY'RE UNOPPOSED, TOWN BOARD

                                         52



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    HAS DONE A GOOD JOB.  PEOPLE DON'T RUN FOR THOSE OFFICES VERY OFTEN.  SO

                    YOU HAVE ALL OF THESE UNCONTESTED RACES POTENTIALLY.  SO LET'S SAY MAYBE

                    COUNTY LEGISLATORS UNCONTESTED, AND YOU HAVE TOWN SUPERVISOR, TOWN

                    BOARD, TOWN CLERK, HIGHWAY SUPERINTENDENT.  AND THEN YOU EITHER HAVE

                    THE COUNTY COURT JUDGE WHICH QUITE FRANKLY IS A VERY IMPORTANT

                    POSITION, HAS A LOT OF INTEREST OFTENTIMES, AT LEAST IN OUR NECK OF THE

                    WOODS, YOU CAN FILE PETITIONS TO RUN IN A PRIMARY AND GET THE

                    NOMINATION.  IS IT FAIR THAT THOSE CONTESTED JUDICIAL OFFICES ARE AT THE

                    BOTTOM OF THE BALLOT FOLLOWING ALL OF THE UNCONTESTED RACES IN BETWEEN?

                                 MS. HUNTER:  WE'RE JUST TRYING TO MAKE UNIFORMITY.

                    I DON'T KNOW ABOUT FAIRNESS.  I'M JUST TRYING TO MAKE SURE THAT IT IS

                    CONSISTENT ACROSS THE STATE.

                                 MR. NORRIS:  THANK YOU VERY MUCH, MS. HUNTER.  I

                    APPRECIATE YOU ANSWERING MY QUESTIONS.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER ZACCARO:  ON THE BILL.

                                 MR. NORRIS:  THE POINT OF MY LAST QUESTION TO THE

                    SPONSOR IS THERE IS NO PERFECT SOLUTION TO THIS SITUATION, BECAUSE

                    OFTENTIMES YOU HAVE JUDICIAL OFFICES THAT MAY BE CONTESTED WHICH WILL

                    NOW BE AT THE VERY END OF THE BALLOT OR MAY BE ON THE FLIPSIDE OF THE

                    BALLOT, BECAUSE IF WE MOVE THESE ELECTIONS TO EVEN YEARS, OFTENTIMES

                    YOU'RE GOING TO SEE TWO SIDES OF THE BALLOT.  AND I DON'T THINK THAT'S

                    NECESSARILY FAIR EITHER WHEN YOU HAVE CONTESTED JUDICIAL RACES AT THE

                    VERY END OF THE BALLOT AFTER YOU MAY POTENTIALLY FOLLOW UNCONTESTED

                    BALLOT -- RACES ON THAT BALLOT.  AND I ALSO WANT TO SAY THAT FOR THE BOARD

                                         53



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    OF ELECTIONS OFTENTIMES WHERE OUR COUNTIES ARE, IT'S VERY IMPORTANT TO

                    HAVE THAT UNIFORMITY, WHICH THEY HAVE.  AND OFTENTIMES WHERE I COME

                    FROM IT HAS THE PRESIDENT OR THE GOVERNOR BECAUSE THEY LEAD THE TICKET

                    AND THEN THEY MOVE ON THROUGH THE OTHER RACES, BUT JURISDICTIONALLY

                    THOSE COUNTIES ALL FALL WITHIN A JUDICIAL DISTRICT IN PARTICULAR TO THE STATE

                    SUPREME COURT.  AND THAT'S WHY TRADITIONALLY, FROM MY EXPERIENCE, IT'S

                    PLACED WHERE IT IS.  AND SOMETIMES THERE ARE ACTUALLY CONTESTED RACES

                    FOR SUPREME COURT, AND SOMETIMES THERE'S NOT.  BUT THOSE CONTESTED

                    RACES SHOULD BE GIVEN JUST AS MUCH CREDENCE AS THE OFFICES, FOR

                    EXAMPLE, THAT WE HOLD, MEMBER OF THE ASSEMBLY.  WE OFTEN HEAR ABOUT

                    HOW IMPORTANT OUR JUDGES ARE, PARTICULARLY IN THIS CHAMBER.  THEY ARE

                    VERY IMPORTANT AND THEY SHOULD BE GIVEN THE SAME COURTESY TO BE IN THE

                    BALLOT BASED UPON JURISDICTION AS EVERYBODY ELSE.

                                 SO FOR THOSE REASONS AND ALSO TO PROMOTE VOTER

                    EDUCATION, I WOULD ASK THAT TO BE CONSIDERED GOING FORWARD WHEN THE

                    GOVERNOR REVIEWS THIS BILL OR THE OTHER HOUSE IF THEY HAVE NOT DONE SO

                    ALREADY.  SO FOR THE REASONS I HAVE STATED BEFORE, I WILL BE OPPOSING

                    THIS BILL AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.  THANK YOU

                    VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. NORRIS IN THE

                    NEGATIVE.

                                 READ THE LAST SECTION.

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

                                 ACTING SPEAKER AUBRY:  A PARTY VOTE HAS

                    BEEN REQUESTED.

                                         54



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 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:  MS. SOLAGES.

                                 MS. SOLAGES:  THE MAJORITY CONFERENCE WILL BE

                    VOTING IN THE AFFIRMATIVE AND THOSE WHO WISH TO VOTE IN THE NEGATIVE

                    CAN DO SO NOW.

                                 ACTING SPEAKER AUBRY:  THANK YOU BOTH.  THE

                    CLERK WILL RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. JACOBSON TO EXPLAIN HIS VOTE.

                                 MR. JACOBSON:  THANK YOU, MR. SPEAKER.  I WANT

                    TO THANK THE SPONSOR FOR -- FOR HAVING THIS BILL AND FOR GETTING IT ACROSS

                    THE FINISH LINE.  IT IS SO IMPORTANT THAT WE ENCOURAGE PEOPLE TO VOTE AND

                    ONE WAY TO DO THAT IS HAVE THOSE OFFICES THAT PEOPLE CARE ABOUT AND THAT

                    ARE OUT THERE COME FIRST.  WHEN I RAN THE FIRST TIME FOR THE ASSEMBLY

                    THERE WERE NINE SUPREME COURT RACES.  I THINK BOTH MY OPPONENT AND I

                    WERE LUCKY THAT ANYBODY VOTED FOR ASSEMBLY.  SO I WANT TO THANK THE

                    SPONSOR FOR THIS.  THIS IS A BILL THAT WILL INCREASE VOTER TURNOUT FOR THE

                    CONTESTED RACES AND I PROUDLY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. JACOBSON IN THE

                    AFFIRMATIVE.

                                 MS. WALSH TO EXPLAIN HER VOTE.

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

                                         55



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    SO I JUST THINK THAT THIS IS REALLY INTERESTING BECAUSE I THINK THAT THERE

                    HAS BEEN CONSISTENCY GENERALLY ABOUT -- MY UNDERSTANDING IS THE WAY

                    THAT THE BALLOT'S BEEN SET UP IS THAT YOU GO FROM THE LARGEST GEOGRAPHIC

                    AREAS AND THEN WORK YOUR WAY SMALLER.  SO, FOR EXAMPLE, I LIVE IN THE

                    4TH JUDICIAL DISTRICT, WHICH IS ENORMOUS THAT GOES UP TO PRETTY MUCH

                    THE CANADIAN BORDER AND THAT'S A BIG GEOGRAPHIC AREA.  SO THOSE

                    SUPREME COURT JUDGES ARE GOING TO BE AHEAD OF THOSE OF US WHO

                    REPRESENT, YOU KNOW, THE SAME ROUGHLY WHAT, 135,000 OR SO PEOPLE,

                    BUT WE'RE GOING -- WE'RE GOING TO GO AFTER THAT.  IT JUST SEEMS TO ME THAT

                    THIS PROBLEM HAS BEEN CREATED BY THE LEGISLATURE, BY INSISTING UPON

                    PUTTING SO MANY RACES ON EVEN NUMBER OF YEARS WHICH WE ARGUED

                    AGAINST AND THOUGHT THAT WAS A DUMB IDEA TO BEGIN WITH.  WELL NOW,

                    WHAT WE'VE WARNED ABOUT IN OUR DEBATE, WE WARNED ABOUT THE

                    POSSIBILITY, THE PROBABILITY OF AN UNDER-VOTE AS YOU GOT FURTHER DOWN

                    THE BALLOT.  SO NOW THIS IS AN ATTEMPT TO TRY TO MAKE SURE THAT AT LEAST

                    MEMBERS OF THE ASSEMBLY AND SENATORS DON'T GET HARMED BY THE VERY

                    POLICY THAT WAS ENACTED BY THE LEGISLATURE.  SO WHAT WE'RE GOING TO DO

                    IS WE'RE GOING TO END UP HARMING SOME OF THE JUDGES.  AND I JUST KIND

                    OF CHUCKLED A LITTLE BIT BECAUSE OF YOU KIND OF SAY NO. WELL, WE WANT

                    MORE VOTER ENGAGEMENTS, WE WANT TO PUT THE MORE INTERESTING RACES AT

                    THE BEGINNING.  I THINK THAT THAT'S KIND OF SHORT HAND FOR JUST SAYING WE

                    WANT OUR RACES A LITTLE BIT FURTHER UP THE BALLOT SO NOBODY DROPS OFF

                    WHEN THEY'RE VOTING ALONG THE -- ALONG THE BALLOT FOR US.

                                 SO I'LLL BE VOTING IN THE NEGATIVE.  THIS -- THIS SITUATION

                    IS NOT BROKEN.  I SEE NO NEED TO FIX IT.  AND IF IT IS BROKEN, IT'S BECAUSE

                                         56



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    THIS LEGISLATURE BROKE IT.  SO I'LL BE VOTING NO.

                                 ACTING SPEAKER AUBRY:  MS. WALSH IN THE

                    NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 5, RULES REPORT NO. 44.


                                 THE CLERK:  ASSEMBLY NO. A00589-A, RULES

                    REPORT NO. 44, L. ROSENTHAL, DINOWITZ, COLTON, EPSTEIN, WALKER,

                    BURDICK.  AN ACT TO AMEND THE PUBLIC HOUSING LAW, IN RELATION TO

                    REQUIRING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO

                    ESTABLISH A PUBLICLY ACCESSIBLE ONLINE DATABASE OF BUILDING-WIDE MAJOR

                    CAPITAL IMPROVEMENTS.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL, AN

                    EXPLANATION HAS BEEN REQUESTED.

                                 MS. ROSENTHAL:  OKAY.  THIS BILL WOULD REQUIRE

                    THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO CREATE AN ONLINE

                    DATABASE FOR MAJOR CAPITAL IMPROVEMENTS PURSUANT TO RENT REGULATION.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL, WILL

                    YOU YIELD?

                                 MS. ROSENTHAL:  YES.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL YIELDS,

                                         57



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    SIR.

                                 MR. GOODELL:  THANK YOU, MS. ROSENTHAL.  WHAT

                    IS THE INFORMATION THAT'S CURRENTLY REQUIRED IN ORDER TO GET AUTHORIZATION

                    TO RAISE RENT FOR A SUBSTANTIAL IMPROVEMENT?

                                 MS. ROSENTHAL:  LET ME GET MY... OKAY.  RIGHT

                    NOW AN ITEMIZED LIST OF THE WORK PERFORMED, A DESCRIPTION OR

                    EXPLANATION OF THE REASON FOR SUCH WORK, CERTIFICATIONS PROVIDED BY THE

                    OWNER AND CONTRACTOR REGARDING THE COST OF THE WORK AND DATES THE

                    WORK STARTED AND ENDED, PROOF OF PAYMENT, COPIES OF ALL NECESSARY

                    APPROVALS FROM GOVERNMENT AGENCIES FOR THE WORK DONE, AFFIRMATION

                    THAT THE BUILDING IS FREE OF ANY HAZARDOUS OR IMMEDIATELY HAZARDOUS

                    VIOLATIONS WOULD BE APPLICABLE WITH LOCAL MUNICIPALITIES AND A LIST OF

                    TENANTS WITH THEIR RESPECTIVE RENT-REGULATED STATUS.

                                 MR. GOODELL:  I SEE.  SO THE CURRENT REGULATIONS

                    REQUIRE AN ITEMIZED LIST OF WORK PERFORMED, THE REASONS FOR THE WORK,

                    CERTIFICATIONS, COST ESTIMATES, BACKUP DOCUMENTATION, CERTIFICATION.

                    WHAT DOES THIS BILL ADD TO THAT ALREADY EXTENSIVE LIST?

                                 MS. ROSENTHAL:  WELL, THAT IS FOR HCR'S INTERNAL

                    USE.  THIS BILL WOULD REQUIRE THAT CERTAIN FACTS OR STATEMENTS FROM THE

                    LANDLORD BE PUT ON THEIR WEBSITE.

                                 MR. GOODELL:  AND WHAT WOULD THIS BILL ADD THAT

                    THE CURRENT LAW DOES NOT PROVIDE?  THIS ALSO HAS ADDITIONAL REPORTING

                    REQUIREMENTS, CORRECT?

                                 MS. ROSENTHAL:  THIS -- THIS BILL WOULD ADD

                    TRANSPARENCY.  AND IT'S -- IT'S A PUBLIC DATABASE SO, YOU KNOW, IF

                                         58



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    SOMEBODY WANTS TO MOVE INTO THAT BUILDING, ANY BUILDING, FOR

                    EXAMPLE, THEY CAN LOOK AND SEE OH, THE ROOF WAS REPAIRED 30 YEARS AGO

                    SO IN ALL PROBABILITY IT WILL NEED TO BE REPAIRED SOON, I MIGHT HAVE TO

                    PAY AN MCI, SO MAYBE I DON'T WANT TO LIVE IN THAT BUILDING, OR

                    SOMETIMES AND I'VE SEEN THIS HAPPEN, LANDLORDS APPLY FOR MCIS WHEN

                    THE WORK HAS NOT ACTUALLY BEEN DONE.  COULD BE A MISTAKE, BUT IN ANY

                    EVENT, IT'S GOOD TO HAVE A PUBLIC DATABASE SO YOU CAN LOOK UP WHAT THE

                    -- THE TENANTS ARE PAYING MCIS SO THEY SHOULD HAVE A LOOK AT EXACTLY

                    WHAT'S BEING DONE.

                                 MR. GOODELL:  WOULD YOU, IF YOU DON'T MIND,

                    TAKING A LOOK AT THE BILL ON PAGE 1, LINES 12, 13, 14, 15, AND 16.  ARE

                    THOSE ITEMS ALREADY REPORTED OR ARE THOSE NEW ITEMS THAT WOULD BE

                    REPORTED?

                                 MS. ROSENTHAL:  WAIT.  THE COST, MAKE AND

                    MODEL, WHERE THE NAME OF THE COMPANY AND INSTALLATION COST.  SOME OF

                    IT, SOME OF IT.

                                 MR. GOODELL:  SO THE QUESTION IS, WHY DOES A

                    LANDLORD WHO IS DOING A SUBSTANTIAL RENOVATION NEED TO LIST THE MAKE

                    AND MODEL OF EVERY ITEM THAT WAS PURCHASED?  I MEAN WINDOWS,

                    BOILERS.  MOST OF US WOULDN'T KNOW WHAT THE MAKE AND MODEL EVEN

                    MEANT.

                                 MS. ROSENTHAL:  IT'S A TRANSPARENCY MEASURE

                    SINCE THE TENANTS ARE THE ONES PAYING THE MCI.

                                 MR. GOODELL:  SO YOU THINK THE TENANTS WANT TO

                    KNOW THE MAKE AND MODEL OF THE BOILER OR THE WINDOWS OR --

                                         59



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MS. ROSENTHAL:  I THINK AT TIMES THEY DO.

                                 MR. GOODELL:  I SEE.  AND WHAT ABOUT WHERE THE

                    ITEM WAS PURCHASED?  WHY WOULD THAT BE RELEVANT TO A TENANT TO KNOW

                    WHETHER AN ITEM WAS PURCHASED ONLINE, IN NEW YORK CITY, IN NEW

                    JERSEY, OR ELSEWHERE IN THE COUNTRY?

                                 MS. ROSENTHAL:  YOU KNOW, AND WE PUT THIS IN

                    THE 2019 HSTPA THAT THERE HAS BEEN FRAUD WITHIN THE MCI REALM.  FOR

                    EXAMPLE, SOME, NOT ALL, HAVE PURPORTED TO FIX A ROOF, FIX A BOILER,

                    ASKING FOR MCIS TO BE PAID FOR BY TENANTS, BUT THAT WORK HAS ACTUALLY

                    NOT BEEN DONE, WHICH IS WHY IN THE HSTPA WE REQUIRE HCR TO AUDIT

                    25 PERCENT OF THE MCI APPLICATIONS.

                                 MR. GOODELL:  WELL, IN TERMS OF REVIEWING THE

                    MCI, THE AUTHORIZATION TO COVER THESE COSTS, WHY IS THERE ANY ASPECT OF

                    THAT ANALYSIS THAT'S BASED ON THE MAKE, MODEL, OR WHERE THE ITEM WAS

                    PURCHASED?

                                 MS. ROSENTHAL:  YOU KNOW, THERE ARE CERTAIN

                    REQUIREMENTS THAT HCR DEMANDS OF LANDLORDS.  WE -- WE JUST WANT TO

                    MAKE SURE THAT -- THAT'S ACTUALLY DONE.

                                 MR. GOODELL:  NOW AS YOU KNOW, YOU CAN BUY A

                    NUMBER OF ITEMS FROM A -- A STORE, MAYBE FROM A LOWE'S OR HOME

                    DEPOT OR WHATEVER, AND THEY'LL PROVIDE, AS PART OF THE COST IF YOU'RE

                    BUYING THEIR CARPET THEY'LL INSTALL IT FOR YOU.  THOSE INSTALLATIONS ARE NOT

                    DONE BY HOME DEPOT OR LOWE'S EMPLOYEES, THEY'RE DONE BY

                    SUBCONTRACTORS.  DO WE ANTICIPATE THE LANDLORDS WILL DEMAND FROM

                    HOME DEPORT WHO THE SUBCONTRACTORS ARE IN ORDER TO COMPLY WITH LINE

                                         60



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    15, WHICH REQUIRES IDENTIFICATION OF THE COMPANY OR INDIVIDUAL

                    CONDUCTING THE INSTALLATION?

                                 MS. ROSENTHAL:  IF THEY HAVE TO, THEY HAVE TO.

                    I'M SURE THAT HCR ALSO REQUIRES SOME OF THIS INFORMATION.  I MEAN IN

                    THE PAST WE'VE SEEN EPISODES OR INSTANCES OF SOMEONE'S BROTHER-IN-LAW

                    ACTUALLY PERFORMING THE WORK AND MAYBE GIVING A DISCOUNT BUT THE

                    DISCOUNT IS NOT WHAT IS PASSED ON TO TENANTS.

                                 MR. GOODELL:  YOU'RE NOT REALLY QUESTIONING THE

                    SKILL OF MY BROTHER-IN-LAW OF COURSE, RIGHT?

                                 MS. ROSENTHAL:  WHAT'S THAT'S?  NOT YOU.  I'M NOT

                    TALKING ABOUT YOU.

                                 MR. GOODELL:  THANK YOU.  AND I APPRECIATE THAT

                    AND SO DOES HE.  DO WE HAVE AN ESTIMATED COST OF THIS ADDITIONAL

                    REPORTING REQUIREMENTS?

                                 MS. ROSENTHAL:  WELL, THIS -- THIS COST IS ON

                    DHCR.  IT'S NOT ON THE LANDLORD.

                                 MR. GOODELL:  WELL, DHCR IS NOT REPORTING THE

                    MAKE, MODEL, WHERE THE ITEM WAS PURCHASED, WHO INSTALLED IT, OR THE

                    INSTALLATION COST, RIGHT?  ALL THAT HAS TO NOW BE REPORTED BY THE

                    LANDLORD.

                                 MS. ROSENTHAL:  YES.

                                 MR. GOODELL:  AND DHCR THEN HAS SOME POOR

                    STAFF PERSON THAT HAS TO CORRELATE ALL THIS INFORMATION RIGHT?

                                 MS. ROSENTHAL:  WELL, THESE REQUIREMENTS ARE --

                    IN THIS BILL ARE ALSO REQUIREMENTS IN THE APPLICATION FOR RENT INCREASE

                                         61



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    BASED ON AN MCI.

                                 MR. GOODELL:  I SEE.  AND IF FOR SOME REASON THE

                    LANDLORD IS INACCURATE IN REPORTING THE COST, MAKE, MODEL, WHERE THE

                    ITEM WAS PURCHASED, WHO INSTALLED IT, WOULD THAT THEN TRIGGER THE

                    SANCTIONS THAT APPLY ON THE MCI PROGRAM?

                                 MS. ROSENTHAL:  I DON'T THINK THERE'S A -- I DON'T

                    BELIEVE THERE'S A PENALTY INVOLVED HERE.

                                 MR. GOODELL:  I'M SORRY?

                                 MS. ROSENTHAL:  THE REQUIREMENTS FROM DHCR

                    ARE THE REQUIREMENTS AND IF YOU DON'T -- PERHAPS THEY DON'T APPROVE THE

                    MCI BUT THAT'S NO DIFFERENT HERE.

                                 MR. GOODELL:  I SEE.  BUT SO MY QUESTION, I'M

                    SORRY I WASN'T VERY CLEAR.  MY QUESTION IS IF THE LANDLORD INACCURATELY

                    REPORTS TO DHCR THE COST, MAKE, MODEL OR WHERE THE ITEM WAS

                    PURCHASED OR WHO PUT IT IN OR HOW MUCH THEY CHARGED TO INSTALL IT,

                    WOULD THAT THEN TRIGGER THE MCI SANCTION PROVISIONS WHICH PROVIDE

                    THAT A FALSE AFFIDAVIT WOULD DISQUALIFY THE OWNER FROM ANY FUTURE MCI

                    APPLICATIONS AND A DENIAL OF THEIR ABILITY TO RECOUP THEIR INVESTMENT?

                                 MS. ROSENTHAL:  WE'RE NOT CHANGING THE EXISTING

                    LAW.

                                 MR. GOODELL:  AND THIS WOULD THEN FALL WITHIN

                    THAT EXISTING LAW; IS THAT CORRECT?

                                 MS. ROSENTHAL:  WELL, IF IT'S BASED --  IF THE

                    ONLINE EXPLANATION IS BASED ON THE APPLICATIONS SUBMITTED BY THE

                    LANDLORD, THEN THEY -- THEY HAVE TRANSGRESSED IN THE FIRST PLACE.

                                         62



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MR. GOODELL:  THANK YOU VERY MUCH.  I

                    APPRECIATE YOUR COMMENTS.

                                 MS. ROSENTHAL:  THANK YOU.

                                 MR. GOODELL:  SIR, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  THIS BILL IN MY OPINION HAS GREAT

                    NEWS AND NOT SO GREAT NEWS.  THE GREAT NEWS FROM MY PERSPECTIVE IS IT

                    DOESN'T APPLY TO MY DISTRICT, THANK GOD.  THE NOT SO GREAT NEWS IS THAT

                    WE KEEP HEARING FROM NEW YORK CITY HOW INCREDIBLY DIFFICULT IT IS TO

                    FIND HIGH-QUALITY APARTMENTS, AND THAT THE TENANTS ARE SCREAMING THAT

                    THEY WANT IMPROVEMENTS AND THEY WANT BETTER HOUSING AND THEY WANT

                    LOWER COST HOUSING.  YET, EVERY DAY WE TURN AROUND AND WE ADD MORE

                    AND MORE REQUIREMENTS ON LANDLORDS AND MORE AND MORE EXPENSE AND

                    MORE AND MORE ADMINISTRATIVE HASSLES JUST TO BE ABLE TO MAINTAIN AND

                    UPGRADE AN APARTMENT.  AND SO THIS SAYS THAT IF YOU'RE A LANDLORD AND

                    YOU WANT TO IMPROVE THE APARTMENT FOR YOUR TENANT, YOU NOW HAVE TO

                    REPORT THE MAKE AND MODEL OF EVERY KITCHEN APPLIANCE YOU PUT IN.  THE

                    MAKE AND MODEL OF THE BOILER, THE WINDOWS OR ANY OTHER MAJOR

                    IMPROVEMENT.  AND YOU HAVE TO REPORT WHERE YOU PURCHASED IT.  DO WE

                    CARE WHETHER IT WAS PURCHASED ON LONG ISLAND, WESTCHESTER OR NEW

                    YORK CITY?  AND YOU HAVE TO NAME THE COMPANY WHERE YOU PURCHASED

                    IT FROM AND THE COST SO THAT YOUR COMPETITORS ALL KNOW HOW MUCH

                    YOU'RE PAYING AND YOU DON'T HAVE ANY PROPRIETARY INFORMATION

                    ANYMORE, AND WHAT HAPPENS IF YOU MAKE A MISTAKE?  THE ANSWER IS IF

                                         63



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    YOU MAKE A MISTAKE, YOU CAN BE DISQUALIFIED FROM RECOVERING ANY OF

                    THE EXPENSES THAT YOU PUT INTO THAT APARTMENT AND DISQUALIFIED IN THE

                    FUTURE FOR RENT INCREASES BASED ON FUTURE INVESTMENTS.  YOU KNOW IN

                    MY COUNTY, WE WELCOME LANDLORDS WHO UPGRADE THE APARTMENTS.  AND

                    OTHER COUNTIES WITH THIS LEGISLATION, YOU RUN THEM THROUGH THE WRINGER

                    AND THEN WONDER WHY THEY AREN'T MAKING MORE INVESTMENTS.  I

                    APPRECIATE THE DESIRE FOR TRANSPARENCY, BUT WE DON'T NEED THE LIST OF

                    MAKE AND MODEL AND COST OF EVERY IMPROVEMENT AND WHO PUT IT IN AND

                    HOW MUCH THEY WERE PAID AND WHERE THE PROPERTY OF THESE ITEMS WERE

                    PURCHASED AT THE RISK OF LOSING YOUR ENTIRE INVESTMENT BY NOT FILLING OUT

                    ACCURATELY MORE ADMINISTRATIVE BURDENS AND OVERSIGHT BY THE STATE OF

                    NEW YORK.  FOR THAT REASON, BECAUSE I LOVE TENANTS EVEN THE ONES IN

                    NEW YORK CITY AND HOPE THAT AT SOME POINT WE ENCOURAGE LANDLORDS TO

                    MAKE INVESTMENTS RATHER THAN PENALIZE THEM FOR DOING SO.  I WILL NOT BE

                    SUPPORTING THIS PARTICULAR BILL.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MR. RA.

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

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL, WILL

                    YOU YIELD?

                                 MS. ROSENTHAL:  YES.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL YIELDS,

                    SIR.

                                 MR. RA:  THANK YOU.  SO JUST IN TERMS OF WHEN THIS IS

                    GOING TO BE DONE, THIS IS AFTER A LANDLORD HAS GONE THROUGH THE PROCESS

                                         64



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    OF GETTING THIS ALL APPROVED THAT THIS WILL THEN BE POSTED ONLINE OR IS IT

                    DURING THE PROCESS OF MAKING THE IMPROVEMENT?

                                 MS. ROSENTHAL:  NO, NO. IT'S AFTER.

                                 MR. RA:  IT'S AFTERWARDS.  SO THE LANDLORD WILL HAVE

                    GONE THROUGH AND I LOOKED AT THE REGULATION 9 NYCRR 25224 AND

                    THERE SEEMS TO BE A NUMBER OF THINGS THAT THE LANDLORD HAS TO DO AS

                    THEY'RE MAKING AN APPLICATION, ALL THE THINGS THEY NEED TO GIVE TO

                    DHCR FOR -- FOR THIS WORK.  AND THAT INFORMATION, THAT APPLICATION, IS

                    ALL AVAILABLE CURRENTLY TO THE TENANT, CORRECT?

                                 MS. ROSENTHAL:  I BELIEVE THAT IT'S NOT PUBLICLY

                    AVAILABLE.  THE TENANT WOULD HAVE TO MAKE A REQUEST TO SEE IT.

                                 MR. RA:  OKAY.  SO WOULD THAT BE FROM -- HOW

                    WOULD THAT WORK?  IS THAT FROM THE DHCR OR THE LANDLORD OR COULD BE

                    BOTH, PERHAPS?

                                 MS. ROSENTHAL:  YOU KNOW, THE TENANT WANTS TO

                    KNOW -- LET'S SAY THE LANDLORD SAYS I'VE SPENT X AMOUNT ON A ROOF.  THE

                    TENANT WANTS TO LOOK AT THE RECEIPT.  SO IT MIGHT BE SAY HOME DEPOT,

                    YOU KNOW, WHATEVER MATERIAL THEY USED FOR THE ROOF AND THE COST ON THE

                    RECEIPT.  SO THE TENANT MIGHT -- MIGHT BE INTERESTED IN -- IN LOOKING AT

                    THAT.  I MEAN RIGHT NOW THE TENANT HAS TO FILL OUT A RECORDS ACCESS

                    REQUEST FORM AND THIS WOULD JUST MAKE IT EASIER.

                                 MR. RA:  OKAY.  BUT THEY ARE ENTITLED TO THAT

                    INFORMATION CURRENTLY.

                                 MS. ROSENTHAL:  YES.  THEY WOULD -- CAN REQUEST

                    TO REVIEW THE OWNERS MCI AT DHCR'S GERTZ PLAZA OFFICE.  SO THEY'D

                                         65



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    HAVE TO TRAVEL SOMEWHERE TO SEE IT.

                                 MR. RA:  OKAY.  NOW IN TERMS OF WHAT THIS NOW IS

                    GOING TO DO, NOW WE'RE NOT HERE TAKING THOSE RECORDS, THAT PROCESS OF

                    APPLICATION AND JUST PUTTING IT ONLINE, INSTEAD WE'RE CREATING A DATABASE

                    THAT'S GOING TO HAVE THESE SPECIFIC THINGS; MAKE, MODEL OF THESE

                    APPLIANCES, WHERE THEY WERE PURCHASED, ALL OF THAT MIXUP, CORRECT?

                                 MS. ROSENTHAL:  ALL -- ALL THE INFORMATION THAT

                    THE LANDLORD WAS REQUIRED TO SUBMIT TO DATE HCR IN ORDER TO GET

                    APPROVAL TO PASS THE COST ALONG TO THE TENANT.

                                 MR. RA:  OKAY.  SO ESSENTIALLY SOMEBODY AT DHCR

                    IS GOING TO HAVE TO PULL ALL THIS INFORMATION OUT OF THOSE APPLICATIONS

                    AND COMPILE IT INTO THIS DATABASE THAT PEOPLE CAN GO AND SEARCH.

                                 MS. ROSENTHAL:  THEY HAVE EACH APPLICATION --

                                 MR. RA:  YES.

                                 MS. ROSENTHAL: -- AND THEN THEY WOULD HAVE TO

                    UPLOAD IT TO A DATABASE.

                                 MR. RA:  OKAY.  SO THE ADMISSION OF BURDEN IS GOING

                    TO BE ON THEM TO --

                                 MS. ROSENTHAL:  PERHAPS, YOU KNOW, PERHAPS IT'S

                    ALREADY IN -- IN THE RIGHT FORM AND THEY JUST HAVE TO PUT IT UP.

                                 MR. RA:  OKAY.  THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

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

                                 MR. RA:  THANK YOU.  JUST -- JUST TO REITERATE WHAT

                    MY COLLEAGUE SAID.  I MEAN IF YOU LOOK AT THE REGULATION IT'S VERY

                                         66



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    DETAILED IN TERMS OF WHAT NEEDS TO BE PROVIDED, A COPY OF THE WRITTEN

                    INFORMED TENANT CONSENT ON AN IMPROVED DHCR FORM, ITEMIZED LIST OF

                    THE WORK PERFORMED, DESCRIPTION AND EXPLANATION OF THE REASON FOR THE

                    WORK, PHOTOGRAPHS OF THE APARTMENT WHERE THE WORK IS TAKING PLACE,

                    USING A LICENSED CONTRACTOR, RESOLVE ANY OUTSTANDING HAZARDOUS OR

                    VIOLATIONS WITHIN THE SPACE, AND THEN IT'S VERY PRESCRIPTIVE AS TO -- TO

                    THE TEE OF DIFFERENT TYPES OF BOILERS, BURNERS, WINDOWS, ALL OF THOSE

                    TYPES OF THINGS, THE ESTIMATED LIFE OF THOSE ITEMS.  SO THIS IS A VERY

                    DETAILED REGULATION.  AND MY CONCERN, LIKE MY COLLEAGUE JUST STATED, IS

                    WE SEEM TO BE ALWAYS PUTTING UP MORE OBSTACLES TO IMPROVING THESE

                    APARTMENTS WHILE WE CONTINUE TO TALK ABOUT A HOUSING CRISIS.  WE WANT

                    OUR LANDLORDS TO INVEST IN THEIR PROPERTIES.  WE WANT THE PROPERTIES TO

                    CERTAINLY REMEDIATE AND FIX ANY HAZARDOUS CONDITIONS, BUT ON TOP OF IT

                    PUT IN NEW BOILERS, PUT IN NEW WINDOWS, PUT IN THE THINGS THAT WILL

                    MAKE THE PROPERTY COMFORTABLE, DESIRABLE WHEN IT COMES ON THE MARKET

                    AND I THINK HERE WE ARE AGAIN PUTTING ANOTHER THING IN THE PLACE OF THAT.

                                 SO FOR THAT REASON I'M GOING TO BE VOTING IN THE

                    NEGATIVE.  I -- I THINK THAT WE CANNOT CONTINUE TO MAKE IT MORE AND

                    MORE DIFFICULT TO INVEST IN THESE PROPERTIES.  WE WANT OUR LANDLORDS TO

                    WANT IN INVEST IN THE PROPERTIES AND WE DON'T WANT TO DO SOMETHING

                    WHERE -- SO IT SEEMS TO ME THAT SOME VERY SMALL VIOLATION COULD END UP

                    IN A SITUATION THAT THE LANDLORD NOW CANNOT ONLY NOT RECOVER THE

                    INVESTMENT MADE IN THAT APARTMENT, BUT ON ANY OTHER APARTMENT, AND I

                    DON'T KNOW WHY YOU WOULD WANT TO A LANDLORD UNDER THOSE

                    CIRCUMSTANCES.  THANK YOU, MR. SPEAKER.

                                         67



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 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.  OF COURSE THOSE WHO WANT TO

                    SUPPORT IT, CAN VOTE YES HERE ON THE FLOOR.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MS. SOLAGES.

                                 MS. SOLAGES:  THE MAJORITY CONFERENCE WILL BE

                    VOTING IN THE AFFIRMATIVE.  THOSE WHO WISH TO VOTE IN THE NEGATIVE CAN

                    DO SO NOW.

                                 ACTING SPEAKER AUBRY:  THANK YOU BOTH.

                                 THE CLERK WILL RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. ROSENTHAL TO EXPLAIN HER VOTE.

                                 MS. ROSENTHAL:  THANK YOU, MR. SPEAKER, TO

                    EXPLAIN MY VOTE.  I WANTED TO CLARIFY THAT MAJOR CAPITAL IMPROVEMENTS

                    ARE LARGELY PAID FOR BY THE TENANT.  SO IF YOU BUY SOMETHING IN A STORE,

                    YOU GET A RECEIPT IT, IT DESCRIBES HOW MUCH YOU PAY AND WHAT YOU

                    BOUGHT.  YOU PUT IT IN FOR YOUR RECORDS.  THERE IS NO REASON THAT THAT

                    SAME RECEIPT SHOULD NOT BE AVAILABLE ONLINE FOR THE TENANT TO SEE.  IN

                    ADDITION, THERE IS NOTHING IN THIS BILL THAT SAYS DHCR CANNOT POST THE

                    RECEIPTS.  THAT WOULD BE VERY EASY, I'M SURE THEY'LL BE ABLE TO FIGURE IT

                                         68



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    OUT AND HOW TO HANDLE IT AND THIS WILL EDUCATE TENANTS AND OTHERS ABOUT

                    WHAT WORK WAS DONE AND HOW MUCH IT COST.  SO I VOTE IN THE

                    AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL IN THE

                    AFFIRMATIVE.

                                 MR. NOVAKHOV TO EXPLAIN HIS VOTE.

                                 MR. NOVAKHOV:  THANK YOU, MR. SPEAKER.  I

                    WOULD LIKE TO EXPLAIN WHY I'M VOTING -- WHY I'M IN THE NEGATIVE FOR

                    THIS BILL.  YOU KNOW, I'VE WITH THE -- A NUMBER OF LANDLORDS IN MY

                    DISTRICT AND OUTSIDE OF MY DISTRICT AND THEY'RE ALL SAYING ONE THING, WE

                    CANNOT CONTINUE DOING BUSINESS IN NEW YORK BECAUSE OF THE

                    REGULATIONS AND THE BILLS THAT YOU GUYS CREATE IN THE NEW YORK STATE

                    ASSEMBLY.  JUST DOESN'T MAKE SENSE TO MAKE BUSINESS IN THE STATE OF

                    NEW YORK.  IT DOES NOT MAKE SENSE TO RENOVATE THE APARTMENTS

                    ANYMORE AND THIS IS WHAT THE TENANTS ARE REQUESTING.  THEY WANT TO LIVE

                    IN NICER, NEWER APARTMENTS.  BUT THE LANDLORDS, THE MANAGEMENT

                    COMPANIES, THEY'RE NOT ABLE TO DO THIS BECAUSE OF OUR REGULATIONS.  AND

                    I WOULD LIKE TO ADVISE THE SPONSOR OF THIS BILL TO MEET WITH LANDLORDS

                    MORE OFTEN TO LISTEN TO THEM, TO LISTEN TO WHAT THEY'RE SAYING, NOT JUST

                    TENANTS BUT LANDLORDS BECAUSE WE HAVE A HUGE PROBLEM IN OUR STATE

                    AND WE NEED TO RESOLVE THIS.  SO PLEASE, PLEASE MEET WITH THE LANDLORDS

                    AND LISTEN TO THEM MORE OFTEN DEAR SPONSOR OF THE BILL.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. NOVAKAHOV IN

                    THE NEGATIVE.

                                         69



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 6, RULES, REPORT NO. 66, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A01745-A, RULES

                    REPORT NO. 66, DINOWITZ, SEAWRIGHT, OTIS, JACOBSON.  AN ACT TO AMEND

                    THE PUBLIC SERVICE LAW, IN RELATION TO COMPLAINT HANDLING PROCEDURES

                    BY THE PUBLIC SERVICE COMMISSION.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION HAS

                    BEEN REQUESTED, MR. DINOWITZ.

                                 MR. DINOWITZ:  THIS BILL ESTABLISHES RESPONSE

                    REQUIREMENTS TO BUILDING COMPLAINTS MADE BY CONSUMERS.  WE ALL

                    REPRESENT CONSUMERS, AND EXPANDS COMPLAINT HANDLING PROCEDURE

                    REQUIREMENTS TO COMMERCIAL ENTITIES, SMALL BUSINESSES.

                                 ACTING SPEAKER AUBRY:  MR. LEMONDES.

                                 MR. LEMONDES:  THANK YOU, MR. SPEAKER.  WILL

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ, WILL

                    YOU YIELD?

                                 MR. DINOWITZ:  YES, I WILL.

                                 MR. LEMONDES:  THANK YOU.  I APPRECIATE IT.  AND

                    I WANT TO SAY ALTHOUGH I FIRMLY BELIEVE THAT HAVING A COMPLAINT

                    RESOLUTION PROCESS IS A BENEFICIAL ATTRIBUTE, COULD YOU COMMENT ON THE

                    DECISION TO HAVE THAT FOR ONLY 15 DAYS?

                                 MR. DINOWITZ:  ONLY 15 DAYS?

                                         70



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MR. LEMONDES:  YEAH.  IT'S 30 FOR MUNICIPALITIES

                    VERSUS INDIVIDUAL CUSTOMERS 15 DAYS.

                                 MR. DINOWITZ:  WELL, WE COULD CHANGE IT.  WE

                    COULD CHANGE ONE OF THEM BUT 15 DAYS SEEMED LIKE AN APPROPRIATE

                    NUMBER OF DAYS.  FIFTEEN DAYS I THINK IS PRETTY LONG, ACTUALLY.

                                 MR. LEMONDES:  I WOULD DISAGREE.  I THINK THAT'S

                    ABNORMALLY SHORT.  I NONETHELESS -- I APPRECIATE YOUR RESPONSE.  AND

                    THEN ADDITIONALLY, COULD YOU COMMENT ON THE -- AND CLARIFY THE FINE.  IS

                    IT $100 PER DAY PER CUSTOMER OR A $100 PER DAY PERIOD?

                                 MR. DINOWITZ:  NO.  I BELIEVE THE $100 A DAY -- LET

                    ME JUST GET THE BILL OUT.  WE HAVE TWO SEPARATE FINE SCHEDULES HERE.

                    YEAH, PER CUSTOMER, PER PERSON.

                                 MR. LEMONDES:  BUT IT IS $100 PER DAY THAT THE

                    BUSINESS WOULD BE FINED FOR EACH DAY AFTER THE QUOTE, UNQUOTE

                    ESTABLISHED EXPENSE WAS NOT MET.

                                 MR. DINOWITZ:  WHEN YOU SAY THE BUSINESS, YOU'RE

                    TALKING ABOUT THE UTILITY NOW, RIGHT?

                                 MR. LEMONDES:  CORRECT, YES

                                 MR. DINOWITZ:  YEAH, THE UTILITIES.  THE ONES WITH

                    THE HIGH RATES.

                                 MR. LEMONDES:  AND THAT COULD BE THOUSANDS OF

                    DOLLARS, CORRECT?  IF THERE WERE MULTIPLE -- MULTIPLE CUSTOMERS

                    DEMANDING RESPONSES?

                                 MR. DINOWITZ:  IT CERTAINLY COULD BE WHICH IS WHY

                    THEY SHOULD DO THE RIGHT THING AND DO THINGS IN A TIMELY FASHION.

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                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MR. LEMONDES:  I COULDN'T AGREE WITH YOU MORE.  I

                    MEAN IT'S -- YOU KNOW, ANY BUSINESS -- ANY BUSINESS OR UTILITY THAT

                    WANTS TO BE RESPONSIVE, WANTS TO PROVIDE SOMETHING SENSIBLE,

                    UNDERSTANDS I'M SURE THE VALUE OF QUICK RESPONSE TIME.  NONETHELESS,

                    IN A SITUATION OF AN ACT OF GOD, THAT RESPONSE TIME MIGHT BE IMPEDED

                    BY SOMETHING WHERE THE UTILITY WAS SIMPLY TRYING TO GET THE UTILITY BACK

                    TO WORK SO-TO-SPEAK, CORRECT?

                                 MR. DINOWITZ:  I DOUBT IT.

                                 MR. LEMONDES:  SO UNDER -- THERE'S NO

                    CIRCUMSTANCES WHERE THAT TIMELINE WOULD BE EXTENDED OR THE COST

                    REDUCED.

                                 MR. DINOWITZ:  WELL, AGAIN, 15 DAYS TO GIVE A

                    WRITTEN RESPONSE SEEMS TO ME TO BE PLENTY OF TIME, AND EVEN IF THERE IS

                    AN ACT OF GOD, THOSE ACTS OF GOD DON'T USUALLY CAUSE THE NEED TO HAVE

                    EXTENDED RESPONSE TIME.  CERTAINLY NOT BEYOND 15 BUSINESS DAYS.  WE

                    CAN'T EXPECT IT THE NEXT DAY NECESSARILY, BUT THAT'S WHY WE GAVE THEM

                    PLENTY OF TIME.

                                 MR. LEMONDES:  AND IS THERE -- THANK YOU, I

                    APPRECIATE THAT.  IS THERE ANY PROVISION FOR HARASSING COMPLAINTS WHERE

                    SOMEBODY IS SUBMITTING MULTIPLE LETTERS DAY AFTER DAY, ORGANIZING

                    PEOPLE, GROUPS TO DO THE SAME THING SO THAT THE UTILITY IS SIMPLY

                    FLOODED WITH THESE LETTERS WHICH THEY ARE THEN REQUIRED TO RESPOND TO

                    AND IF NOT WITHIN THE PERIOD WOULD BE CHARGED AS (INAUDIBLE).

                                 MR. DINOWITZ:  WELL, I WOULD DISPUTE YOUR

                    CHARACTERIZATION OF SOMEONE WHO IS TRYING TO ORGANIZE OTHER UTILITY

                                         72



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    CONSUMERS TO COMPLAIN WHEN THERE'S LEGITIMATE -- THE COMPLAINT AS

                    HARASSING, PEOPLE HAVE THE RIGHT TO FILE COMPLAINTS.

                                 MR. LEMONDES:  RIGHT.  I AGREE.

                                 MR. DINOWITZ:  AND I KNOW THAT UTILITY MAY NOT

                    LIKE THOSE COMPLAINTS BUT THAT IN AND OF ITSELF DOES NOT CONSTITUTE

                    HARASSMENT.

                                 MR. LEMONDES:  OF COURSE.  THIS IS A GRAY AREA.  I

                    UNDERSTAND THAT.  WHAT I'M TRYING -- WHAT I'M TRYING TO DO IS --

                                 MR. DINOWITZ:  I'M NOT SURE IT'S GRAY AT ALL BUT

                    OKAY.

                                 MR. LEMONDES:  WHAT I'M -- WHAT I'M TRYING TO DO

                    IS ILLUMINATE THE FACT THAT ANY ONE OF US IN HERE COULD GET EVERYBODY

                    ELSE TO SUBMIT A LETTER ON THE SAME DAY THAT INUNDATED THAT PARTICULAR

                    ENTITY, MADE IT IMPOSSIBLE FOR THEM TO RESPOND WITHIN THE TIME PERIOD

                    AND THEREFORE THEY'RE INCURRING THESE HUGE BILLS FEE SCHEDULE, WHICH

                    THEN WOULD RETURN TO THE RATEPAYERS.

                                 MR. DINOWITZ:  WELL, I -- I THINK THAT'S A VERY

                    UNLIKELY HYPOTHETICAL.  I DON'T THINK PEOPLE OUT THERE ARE GOING TO TAKE

                    THE TIME TO TRY TO GET OTHER PEOPLE TO FILE HARASSING COMPLAINTS.  NOR DO

                    I THINK IT'S EASY TO GET PEOPLE TO DO ANYTHING TO TELL YOU THE TRUTH.  SO I

                    -- I CAN'T IMAGINE THE SCENARIO WHERE THAT WOULD ACTUALLY BE THE

                    PROBLEM.

                                 MR. LEMONDES:  I WOULD NEVER UNDERESTIMATE THE

                    VERACITY OF PEOPLE AND/OR CONSUMERS THAT HAVE A PROBLEM TRYING TO

                    MAKE THE PROBLEM BIGGER.  AND IF IT'S LEGITIMATE THAT'S OKAY.  I'M NOT

                                         73



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    TRYING TO PROTECT AN ENTITY THAT'S DOING SOMETHING WRONG.  I'M SIMPLY

                    TRYING TO SAY THAT THAT ENTITY MAY VERY WELL NEED SOME PROTECTION IF THIS

                    WERE TO PASS WITH RESPECT TO ACTS OF GOD AND OTHER THINGS LIKE THAT.  I --

                    I WOULD PREFER THEM TO BE PUTTING THEIR ENERGY AND TIME TO BEING ABLE

                    TO CONDUCT THEIR PRIMARY MISSION, WHATEVER THAT IS, VERSUS HAVING TO

                    RESPOND TO THINGS THAT ULTIMATELY ARE GOING TO DRIVE RATES HIGHER.

                                 MR. DINOWITZ:  I THINK THAT BUSINESSES HAVE TO BE

                    ABLE TO RESPOND TO LEGITIMATE COMPLAINTS MADE BY CUSTOMERS AND I AM

                    MUCH MORE CONCERNED ABOUT THE NEEDS AND LEGITIMATE COMPLAINTS OF

                    CUSTOMERS THAN I'M WORRIED ABOUT A UTILITY, SUCH -- YOU KNOW, I'M NOT

                    GOING TO NAME NAMES BUT I KNOW WHICH UTILITIES SERVES MY AREA --

                    WORRIED ABOUT THEM HAVING TO RESPOND WITHIN 15 VERY LONG BUSINESS

                    DAYS SHOULD BE A SNAP FOR THEM.  THESE ARE NOT TINY LITTLE COMPANIES

                    THAT HAVE NO RESOURCES, BUT CUSTOMERS SHOULD EXCEPT TO BE ABLE TO GET A

                    WRITTEN RESPONSE WITHIN A REASONABLE PERIOD OF TIME.  AND I THINK 15

                    BUSINESS DAYS CERTAINLY IS A VERY REASONABLE PERIOD OF TIME.

                                 MR. LEMONDES:  I AGREE WITH YOU PARTIALLY.

                    THERE'S NOTHING WRONG WITH HAVING THAT ENTITY RESPONSIBLE TO ITS

                    CUSTOMERS, BUT LET'S SAY THAT ENTITY HAS 10,000 CUSTOMERS, THERE'S AN ACT

                    OF GOD AND 10,000 COMPLAINTS COME IN AND THEY SIMPLY CAN'T DO IT.

                    THEY'RE STUCK BETWEEN AGAIN RESTORING WHAT THEIR PRIMARY FUNCTION IS

                    VERSUS RESPONDING TO LETTERS OF THIS NATURE.  I WOULD PREFER TO HAVE

                    THEM DOING THEIR JOB AND GETTING THE UTILITY OPERATIONAL.  NONETHELESS

                    WE DON'T HAVE TO AGREE.  I JUST WANTED TO MAKE THE POINT.

                                 MR. DINOWITZ:  WELL, WE DON'T.  AND -- AND BY THE

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                     NYS ASSEMBLY                                                       MAY 28, 2024

                    WAY, DOING THEIR JOB AND RESPONDING TO A COMPLAINT ARE NOT MUTUALLY

                    EXCLUSIVE, AND I THINK ONCE THEY RESOLVE THE COMPLAINT AND THEN THEY

                    HAVE TIME TO -- TO ISSUE A LETTER, IT SHOULD BE PLENTY OF TIME AND I'M NOT

                    SURE HOW EXAMPLES THERE ARE OF 10,000 PEOPLE COMPLAINING TO A UTILITY,

                    EVEN CONED.  I DON'T KNOW HOW MANY EXAMPLES THERE ARE OF SUCH A

                    THING.

                                 MR. LEMONDES:  HAVE YOU EVER LEAD A LARGE

                    ORGANIZATION?

                                 MR. DINOWITZ:  NO, I HAVEN'T.

                                 MR. LEMONDES:  OKAY.  LET ME TELL YOU

                    SOMETHING.  WHEN YOU DO, THERE'S A LOT TO RESPOND TO, AND SO THAT'S

                    WHERE THE NATURE OF THIS -- THE NATURE OF THIS LINE OF QUESTIONING IS

                    GOING.

                                 MR. DINOWITZ:  WELL, IF YOU HAVE AN ORGANIZATION

                    THAT YOU ARE THE HEAD OF AND IT'S A LARGE ORGANIZATION, YOU SHOULD BE

                    ABLE TO RESPOND TO COMPLAINTS.  I MEAN YOU CAN'T JUST DO EVERYTHING YOU

                    WANT UNILATERALLY AND NEVER EXPECTING TO BE QUESTIONED OR HAVE A

                    COMPLAINT.  I MEAN THAT'S -- LIKE WE GET COMPLAINTS, YOU GET

                    COMPLAINTS, OUR CONSTITUENTS ALL THE TIME AND I'M PRETTY SURE THAT YOU

                    TRY TO RESPOND TO THEM AS QUICKLY AS POSSIBLE.  I KNOW I DO.  AND

                    PEOPLE HAVE A RIGHT TO EXPECT TO HAVE THEIR COMPLAINTS RESOLVED FOR

                    BETTER OR WORSE AND THEN GET SOMETHING IN WRITING AND IT'S IMPORTANT TO

                    GET SOMETHING IN WRITING.  YOU KNOW, IF YOU GET A PHONE CALL, AN ORAL

                    RESPONSE MAY MEAN NOTHING BECAUSE AT A LATER DATE THAT COULD BE

                    DENIED.  SO THAT'S WHY IT'S IMPORTANT TO HAVE THIS AND I'M SURE YOU

                                         75



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    WOULD WANT THAT FOR ALL OF YOUR CONSTITUENTS.

                                 MR. LEMONDES:  I WANT MY CONSTITUENTS TO BE ABLE

                    TO GET THE ANSWERS THAT THEY NEED AND I THINK EVERYBODY IN THIS

                    CHAMBER STRIVES TO DO THAT.  THE POINT THAT I'M TRYING TO MAKE IS THAT

                    15 DAYS UNDER CERTAIN CIRCUMSTANCES, PLUS THE FEE SCHEDULE, MAY NOT BE

                    REALISTIC.  I'M NOT IN DISAGREEMENT WITH THE PREMISE OF THE BILL.  I THINK

                    -- I THINK IT'S NECESSARY TO HAVE THIS, BUT I'M JUST -- WHAT I'M

                    QUESTIONING IS THE TIMELINE REQUIRED FOR THE RESPONSE.

                                 MR. DINOWITZ:  WELL, THESE UTILITIES PROBABLY WANT

                    TO GET THEIR PAYMENT WITHIN A SPECIFIED PERIOD OF TIME.  SO THEY SHOULD

                    ALSO BE ABLE TO RESPOND TO A COMPLAINT WITHIN A SPECIFIED PERIOD OF

                    TIME.

                                 MR. LEMONDES:  I COULDN'T AGREE WITH YOU MORE;

                    HOWEVER, WHAT -- WHAT -- WHAT I MUST NOT BE COMMUNICATING CLEARLY,

                    THERE ARE ACTS OF GOD IN SITUATIONS WHERE IT MAY NOT BE POSSIBLE.  AND

                    IF THAT FEE SCHEDULE IS LEVIED, THAT ULTIMATELY IS GOING TO DRIVE RATES

                    HIGHER FOR CONSUMERS, WHICH IS WHAT I'M TRYING TO AVOID.  SO I WANT MY

                    CONSTITUENTS TO NOT HAVE TO PAY AS MUCH.  AND THIS IS ONE OF THE THINGS

                    THAT TAKEN INTO CONSIDERATION MIGHT HELP THEM NOT DO THAT.  THANK YOU

                    VERY MUCH.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. LEMONDES:  THE SPIRIT OF THE BILL IS SOUND;

                    HOWEVER, REQUIRING A WRITTEN -- A WRITTEN RESPONSE IN SUCH A SHORT

                    PERIOD OF TIME COULD BE UNNECESSARILY COSTLY, AND THAT'S THE POINT THAT I

                                         76



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    WAS TRYING -- TRYING TO MAKE.  THERE'S NOTHING WRONG WITH REQUIRING A

                    RESPONSE.  THERE'S NOTHING WRONG WITH THE UTILITY HAVING TO DO SO, BUT

                    WITHOUT TAKING INTO ACCOUNT UNNATURAL CIRCUMSTANCES, ACTS OF GOD, ET

                    CETERA, YOU ARE PUTTING A CONDITION ON THE UTILITY THAT IT MAY NOT BE ABLE

                    TO SATISFY.  AND SO HAVING SAID THAT IS ALL I WANTED TO BRING OUT IS THAT

                    WITH A FEW MODIFICATIONS, I COULD SUPPORT THIS; HOWEVER, IN ITS CURRENT

                    FORMAT, I CANNOT AND WOULD ASK EVERYONE ELSE NOT TO UNTIL THOSE

                    MODIFICATIONS ARE MADE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO.

                                 MR. PALMESANO:  YES, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ, WILL

                    YOU YIELD?

                                 MR. DINOWITZ:  I'D BE DELIGHTED.

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ YIELDS,

                    SIR.

                                 MR. PALMESANO:  THANK YOU, MR. DINOWITZ.  I

                    APPRECIATE YOUR TIME.  MY COLLEAGUE COVERED A LOT OF IT.  I JUST HAD

                    SOME QUESTIONS I WANTED TO KIND OF CLARIFY.  UNDER THE CURRENT LAW

                    BEFORE THIS BILL MIGHT PASS AND BECOME LAW, THIS WOULD APPLY JUST TO

                    RESIDENTIAL CUSTOMERS, CORRECT?  BUT THIS BILL WOULD MAKE IT TO ALL

                    INDUSTRIAL COMMERCIAL AND ALL CUSTOMERS; IS THAT CORRECT?

                                 MR. DINOWITZ:  WELL, WE DO EXPAND IT BECAUSE WE

                    BELIEVE AND SUPPORT SMALL BUSINESSES.

                                 MR. PALMESANO:  SURE.  NOW ONE OF THE PARTS OF

                                         77



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    THE BILL THAT I WANT TO ASK YOU ABOUT, IT LOOKS LIKE IT REMOVES PSC

                    DISCRETION ON PAGE 2 WHERE YOU HAD IN ITS DISCRETION AND ALSO -- YOU

                    USE STRONG LANGUAGE WHERE IT SAYS THE COMMISSION SHALL USE ITS BEST

                    EFFORT TO COMPLETE ITS INVESTIGATION AND REVIEW AND TO ISSUE WITHIN 90

                    DAYS ITS FINAL WRITTEN DETERMINATION OF ANY APPEAL PURSUANT TO THE

                    SECTION.  SO THEN YOU GET INTO THE NEW SECTION SAYING ANY FAILURE BY

                    UTILITY.  WHAT'S THE PURPOSE OF TAKING AWAY THE DISCRETION OF THE PSC TO

                    ADDRESS THIS ISSUE AND TO STRIKE THAT SECTION THAT SAYS THE PSC WOULD

                    USE WITHIN THEIR BEST -- WITHIN THEIR BEST DETERMINATION TO TRY TO

                    COMPLETE THE REPORT WITHIN 90 DAYS OF AN APPEAL?

                                 MR. DINOWITZ:  THE PURPOSE OF TAKING OUT THE

                    WORDS IN ITS DISCRETION IS BECAUSE WE DON'T WANT THEM TO --

                                 MR. PALMESANO:  YOU DON'T WANT THE PSC TO

                    HAVE DISCRETION?

                                 MR. DINOWITZ:  NO.  WE WANT TO MAKE SURE THIS

                    HAPPENS.  AND THE PSC WITH ALL DUE RESPECT TO THE PEOPLE ON PSC,

                    THEIR -- THEIR JOB IS NOT NECESSARILY TO REPRESENT CUSTOMERS, UTILITY

                    CONSUMERS.  THEY DON'T REPRESENT ONE PARTICULAR GROUP.  THAT'S WHY WE

                    SHOULD HAVE PASSED -- WE DID PASS LEGISLATION WHICH SADLY THE

                    GOVERNOR VETOED, CREATING A UTILITY CONSUMER ADVOCATES OFFICE BUT IN

                    EITHER CASE WE WANT TO MAKE SURE THAT THEY DO RIGHT BY THE CONSUMERS,

                    THE UTILITY CONSUMERS.

                                 MR. PALMESANO:  RIGHT.  OTHER PART OF THE

                    JUSTIFICATION OF YOUR MEMO I WAS READING IN THE FIRST PARAGRAPH, YOU

                    TALK A LOT ABOUT COVID AND DURING THE COVID TIME FRAME --

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                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MR. DINOWITZ:  WELL, THAT'S WHEN THE MEMO WAS

                    WRITTEN.  MAYBE IT SHOULD BE UPDATED BUT WE DID TALK ABOUT COVID,

                    BUT EVERYTHING WE SAID THERE STILL HOLDS TRUE.

                                 MR. PALMESANO:  SO LET'S TALK ABOUT THE 15 DAYS.

                    WHEN DOES THAT TAKE EFFECT EXACTLY?  IS IT ONCE A COMPLAINT IS FILED AND

                    THEY HAVE TO ISSUE A REPORT WITHIN THIS 15 DAYS OR DOES IT HAVE TO GO

                    THROUGH A COMPLETE INVESTIGATION?

                                 MR. DINOWITZ:  AFTER THERE'S A RULING, THEY HAVE 15

                    DAYS TO CONVEY THAT INFORMATION, 15 BUSINESS DAYS, WHICH IS LONGER

                    THAN FIFTEEN DAYS MIGHT I ADD.  USUALLY AT LEAST TWO DAYS LONGER, MAYBE

                    FOUR DAYS LONGER.  SO THEY HAVE PLENTY, PLENTY OF TIME BUT IT STARTS

                    RUNNING AFTER THEY'VE, YOU KNOW, ISSUED THEIR RULING.

                                 MR. PALMESANO:  SO IT'S NOT 15 DAYS.  SO JUST FOR

                    THE RECORD, IT'S NOT 15 DAYS AFTER THE INITIAL REPORT OR COMPLAINT COMES

                    IN TO BE ABLE TO FILE A REPORT.  IT HAS TO BE 15 DAYS AFTER THE COMPLETION

                    OF THE INVESTIGATION, CORRECT?

                                 MR. DINOWITZ:  YEAH, NOT 15 DAYS FROM THE

                    COMPLAINT BUT FROM THE COMPLETION, THAT'S CORRECT.

                                 MR. PALMESANO:  SO, FOR EXAMPLE, MY

                    UNDERSTANDING OF THE PROCESS NOW WITH THE PSC, SOMEONE WOULD FILE A

                    COMPLAINT WITH THE PSC. NEXT THE PSC WOULD TAKE THAT COMPLAINT,

                    SEND IT TO THE UTILITY, THE UTILITY WOULD DO A COMPLETE INVESTIGATION AND

                    REPORT IT BACK TO THE PSC, THEN THE PSC WILL LOOK AT IT AND MAKE A

                    DECISION AND THAT DECISION WOULD BE APPEALABLE.  SO IT'S AT THAT POINT IN

                    TIME AFTER THE APPEAL -- EVEN THE APPEALS PROCESS.  SO WHEN THE PSC

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                     NYS ASSEMBLY                                                       MAY 28, 2024

                    MADE THAT DECISION BEFORE THE APPEAL PROCESS, WOULD THEY HAVE TO ISSUE

                    A REPORT THEN OR WOULD IT BE AFTER THEY GO THROUGH THE FULL APPEAL

                    PROCESS?

                                 MR. DINOWITZ:  NO, 15 DAYS AFTER THE DECISION.

                                 MR. PALMESANO:  SO THE DECISION IS MADE AND

                    THEN THEY HAVE TO ISSUE A REPORT, BUT IF THE UTILITY WANTED OR SOMEONE

                    WANTED TO APPEAL THAT DECISION --

                                 MR. DINOWITZ:  THEY COULD APPEAL THAT DECISION

                    BUT THAT -- THAT HAS NO BEARING ON WHETHER OR NOT THEY HAVE TO SUPPLY

                    THE WRITTEN RESPONSE WITHIN 15 DAYS OF THE DECISION.

                                 MR. PALMESANO:  BUT IF ANY DECISION IS

                    APPEALABLE, WHY WOULDN'T YOU WAIT UNTIL THE FINAL APPEAL ON THE

                    DECISION, BECAUSE YOU MIGHT HAVE THE PRELIMINARY DECISION BUT THEN

                    THERE'S APPEAL TO ADJUDICATE THAT.  I WOULD HAVE TO ISSUE A REPORT BEFORE

                    YOU COMPLETE THE ENTIRE PROCESS OF THE APPEAL.  WHY NOT SAY OKAY, AT

                    LEAST, YOU KNOW, HAVE THE APPEAL PROCESS COMPLETE (INAUDIBLE) AND

                    THEN A DECISION IS GOING TO BE FINALIZED, THAT'S WHEN THE DECISION IS

                    FINALIZED.  BUT YOU'RE SAYING HERE ON THE FLOOR THAT ONCE THAT DECISION

                    ISSUED, THE UTILITY BE REQUIRED TO -- FILE A REPORT, BUT THEN THEY COULD

                    STILL APPEAL THE PROCESS, RIGHT?

                                 MR. DINOWITZ:  WELL, THE UTILITY COMPANY COULD

                    TRY TO DRAG THIS OUT INDEFINITELY AS LONG AS THEY CAN, BUT WHAT I'M SAYING

                    IS THEY GOT TO DECIDE THAT ONCE THE DECISION HAS BEEN MADE, THEY SHOULD

                    RESPOND IN WRITING.  IT'S REALLY NOT THAT HARD.

                                 MR. PALMESANO:  SO THEY -- THEY WOULD NOT BE

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                     NYS ASSEMBLY                                                       MAY 28, 2024

                    ABLE TO -- I KNOW YOU USED THE WORD DRAG THINGS OUT, BUT I MEAN WE'RE

                    TALKING ABOUT A LEGAL PROCESS THAT, YOU KNOW, PEOPLE HAVE IN THE

                    PROCESS.  SO YOU'RE SAYING THE REPORT HAS TO BE ISSUED BEFORE THE

                    INVESTIGATION IS COMPLETE BECAUSE --

                                 MR. DINOWITZ:  THAT'S NOT WHAT I SAID AT ALL.

                    THAT'S NOT WHAT I SAID.  I SAID THE REPORT HAS TO BE ISSUED ONCE THE

                    INVESTIGATION IS COMPLETE.  AND WHAT YOU'RE ASKING IS WHETHER OR NOT

                    WE HAVE TO THEN WAIT ADDITIONALLY UNTIL AN APPEAL HAS BEEN ADJUDICATED.

                    AND WHAT I'M SAYING IS THAT THE -- THE RESPONSE SHOULD BE GIVEN WITHIN

                    15 BUSINESS DAYS FROM WHEN THE -- FROM WHEN THE INITIAL DECISION IS

                    MADE.

                                 MR. PALMESANO:  SO IN YOUR OPINION, I GUESS ON

                    YOUR SIDE, YOU DON'T THINK -- YOU THINK AN INVESTIGATION IS COMPLETE

                    WHEN THE INITIAL DETERMINATION IS RENDERED AND THE APPEAL, WHICH IS

                    PART OF THE DUE PROCESS HAS NOT BEEN ADJUDICATED.

                                 MR. DINOWITZ:  AN APPEAL IS NOT PART OF THE

                    INVESTIGATION.  AN APPEAL IS AN APPEAL.

                                 MR. PALMESANO:  WELL, SURE IT IS.  WELL, WE'RE

                    GOING TO HAVE TO DISAGREE ON THAT.

                                 MR. DINOWITZ:  WELL, NO. THERE'S NOTHING TO

                    DISAGREE ON.  THE INVESTIGATION IS THE INVESTIGATION, THEY MAKE A

                    DECISION.

                                 MR. PALMESANO:  BUT IT'S NOT FINAL UNTIL IT'S

                    ADJUDICATED, CORRECT?

                                 MR. DINOWITZ:  WELL, NOTHING'S EVER -- WELL, IT

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                     NYS ASSEMBLY                                                       MAY 28, 2024

                    MAY NOT BE ADJUDICATED.  ONCE THE DECISION HAS BEEN MADE, THE

                    INVESTIGATION IS OVER WHEN THEY APPEAL IT.  THAT DOESN'T MEAN THEY START

                    --

                                 MR. PALMESANO:  IT'S A PRELIMINARY DETERMINATION

                    UNTIL AN APPEAL TAKES PLACE.  SO HOW DO YOU -- HOW DO YOU MANDATE

                    THAT OKAY, YOU HAVE TO COME UP WITH A REPORT ON THE ISSUE TO GET THAT

                    OUT THERE TO ALL THOSE WHO COMPLAIN, BUT YET YOU STILL CAN GO THROUGH

                    THE APPEAL PROCESS WHICH IS YOUR RIGHT AND THEN IT COMES BACK AND SAY

                    THE PSC RULES THAT THE UTILITY IS RIGHT.  SO THEY SEND OUT -- THEY SEND OUT

                    A DECISION BUT NOW THEIR -- NOW IT'S FINAL ONCE THAT APPEAL IS

                    ADJUDICATED.  SO TO THINK THAT NOW YOU HAVE TO SEND OUT A DECISION, IT'S

                    NOT FINAL UNTIL IT'S ADJUDICATED.  THAT'S WHAT I'M TRYING TO GET AT.

                                 BUT I'VE GOT ANOTHER QUESTION FOR YOU.  IT DOESN'T SEEM

                    LIKE THERE'S ANY LANGUAGE, LIKE MY COLLEAGUE MENTIONED, IF THERE'S

                    CIRCUMSTANCES OUTSIDE THEIR CONTROL WHETHER IT'S A STORM, WHETHER IT'S A

                    FLOOD, ANYTHING LIKE THAT.  THERE'S NO LANGUAGE OR FLEXIBILITY IN THE -- IN

                    THE LANGUAGE THAT I'M READING HERE THAT WOULD ALLOW FOR THAT.  BASICALLY

                    YOU HAVE THESE HARD SET TIME FRAMES, 15 DAYS AFTER THE INVESTIGATION

                    YOU SAY IT'S COMPLETED BUT WE KNOW IS NOT COMPLETE UNTIL IT'S FINALLY

                    ADJUDICATED, RIGHT?  SO THERE'S NO -- THERE'S NO --

                                 MR. DINOWITZ:  AGAIN, I DIDN'T SAY THAT, YOU DID.

                    THE STORM OR WHATEVER PARTICULAR EVENT THAT YOU'RE TALKING ABOUT MIGHT

                    DELAY THE ABILITY OF THE UTILITY TO CONDUCT ITS INVESTIGATION AS QUICKLY AS

                    WE MIGHT LIKE, BUT THE 15 BUSINESS DAYS THAT WE'RE TALKING ABOUT RUNS

                    FROM WHEN THEY ISSUE THEIR RESPONSE.  SO I DON'T EVEN SEE HOW THESE

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                     NYS ASSEMBLY                                                       MAY 28, 2024

                    EVENTS, WHETHER IT'S A STORM OR AN EARTHQUAKE OR ANYTHING ELSE, I DON'T

                    THINK THAT HAS A BEARING ON ANYTHING.

                                 MR. PALMESANO:  WELL, I MEAN ANY ISSUE COULD

                    HAVE A BEARING ON SOMETHING.  SO I GUESS MY NEXT QUESTION TO YOU

                    THEN.  SO WE HAVE THE DECISION, THEN WE HAVE THE APPEAL.  BUT AGAIN,

                    IT'S YOUR -- YOUR ARGUMENT AND YOUR BELIEF THAT THE DECISION HAS TO BE

                    AGAIN ISSUED, ONCE THE DECISION -- THE PRELIMINARY DECISION IS ISSUED

                    BEFORE IT'S FINALIZED WITH THE APPEAL PROCESS AS PART OF THE PROCESS, THEY

                    DO NOT -- THEY HAVE TO ISSUE THE REPORT BEFORE THE APPEAL PROCESS AND

                    THAT'S WHAT WE AGREED TO WHAT YOU SAID, RIGHT?

                                 MR. DINOWITZ:  NO.  I DIDN'T EVEN USE THE WORD

                    PRELIMINARY DECISION, I SAID DECISION.

                                 MR. PALMESANO:  DECISION.

                                 MR. DINOWITZ:  A DECISION COULD BE APPEALED.  I

                    SUPPOSE THE APPEAL COULD BE BROUGHT TO COURT FOR THAT MATTER BEYOND

                    THAT.  I MEAN IT COULD GO ON INDEFINITELY.

                                 MR. PALMESANO:  OKAY.  AND RIGHT NOW UNDER THE

                    LAW, YOU DON'T NECESSARILY HAVE TO HAVE A WRITTEN REPORT.  THE DECISION

                    COULD BE MADE WITH THE PSC AND UTILITY TO CONVEY THAT REFERRAL BACK TO

                    THE CUSTOMER WITHOUT A WRITTEN NOTIFICATION BUT NOW THIS WOULD REQUIRE

                    ALL COMPLAINTS TO HAVE A WRITTEN NOTIFICATION, CORRECT?  WHERE UNDER

                    THE CURRENT STRUCTURE AND POLICY WE DO NOT HAVE THAT REQUIREMENT; IS

                    THAT TRUE, IS THAT CORRECT?

                                 MR. DINOWITZ:  THIS LEGISLATION WILL REQUIRE AFTER

                    15 BUSINESS DAYS, NO LATER FOR THE INFORMATION ON THE DECISION TO BE

                                         83



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    GIVEN TO THE CUSTOMER, AND FOR THOSE OF US WHO ARE CONCERNED ABOUT

                    THE CONSUMERS THAT MAKES A LOT OF SENSE.

                                 MR. PALMESANO:  OKAY.  WELL, I JUST WANT TO SAY

                    THANK YOU FOR YOUR TIME.  I APPRECIATE THE CONVERSATION.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    PALMESANO.

                                 MR. PALMESANO:  I THINK THERE ARE SOME AREAS OF

                    THIS, I UNDERSTAND WHAT THE SPONSOR'S TRYING TO DO.  I COMMEND HIS

                    INTENTIONS BUT WITH A LOT OF LEGISLATION THE INTENTIONS DON'T MATCH OUT TO

                    THAT WITH THE ABILITY.  RIGHT NOW THE PSC HAS JURISDICTION OVER THIS

                    ISSUE.  THEY HAVE THE EXPERTISE.  IF THERE'S CHANGES THEY'RE

                    RECOMMENDING IT NEEDS TO BE DONE.  THEY CAN IMPLEMENT THESE THINGS

                    THROUGH A PROCEEDING.  ALSO, I THINK IT'S KIND OF THE WRONG APPROACH TO

                    TAKE AWAY DISCRETION FROM AN AGENCY THAT'S TASKED WITH MONITORING ALL

                    CUSTOMERS, ALL UTILITIES.  THEY'RE GOING TO NEED SOME FLEXIBILITY AS WELL

                    BUT TO SAY THAT WE TAKE THAT AWAY FROM THEM I THINK IT'S NOT THE

                    APPROACH.  THERE SHOULD BE MORE -- I DON'T SEE IT, MY COLLEAGUE TALKED

                    ABOUT IT, THERE'S NO FLEXIBILITY IN THE LAW OR THIS LANGUAGE THAT DEALS

                    WITH TIMES THAT COULD COME UP AND OUTSIDE OF THE UTILITY'S CONTROL.  BUT

                    I THINK THAT PART OF THE BIGGER PROBLEM HERE IS, YOU KNOW, FROM

                    CONVERSATIONS THAT I HAD BEFORE, WE WENT THROUGH THE PROCESS OF WHAT

                    IT TAKES TO GO THROUGH A COMPLAINT PROCESS.  WE TALKED ABOUT IT.  FIRST,

                    AN INDIVIDUAL FILES A COMPLAINT WITH THE PSC, THEN THE PSC TAKES THAT

                    COMPLAINT, SENDS IT TO THE UTILITY, THE UTILITY HAS TO DO AN INVESTIGATION

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                     NYS ASSEMBLY                                                       MAY 28, 2024

                    AND THEN REPORT THAT BACK TO THE PSC WHO LOOKS AT THAT AND MAKES A --

                    MAKES A DECISION.  AND NOW, BASED ON THIS BILL ACCORDING TO THE

                    SPONSOR, IT WOULD BE THE REQUIREMENT OF THE UTILITY TO NOW THEN ISSUE A

                    WRITTEN REPORT EVEN THOUGH THEY HAVE THE ABILITY TO APPEAL THIS DECISION

                    AND SO THEY WOULD BE REQUIRED TO ISSUE A REPORT, THEN THEY COULD APPEAL

                    THE PROCESS, THEY COULD GO BACK AND THE PSC COULD REVERSE AND AGREE

                    WITH THEM, BUT YET THEY ISSUED A REPORT.  THIS IS I THINK A FLAW, ONE OF

                    THE MAJOR FLAWS IN THE LAW, AT LEAST IT WAS THE INTENT OF THE SPONSOR TO

                    BE THIS WAY WHETHER THE PSC WOULD HAVE SOME DETERMINATION ON THIS.

                    THIS PROCESS DOES NOT END UNTIL YOU GET THROUGH THE APPEAL PROCESS.  IT

                    HAS TO BE ADJUDICATED.  EVERYONE HAS A RIGHT TO APPEAL.  WE SEE THAT

                    RIGHT THROUGHOUT.  YOU CAN'T JUST SAY -- NOW, YOU KNOW, NOW YOU HAVE

                    TO DO A REPORT MIDWAY AND THEN YOU CAN'T FOLLOW THROUGH WITH THE

                    APPEAL PROCESS.  WELL, YOU CAN FOLLOW THROUGH WITH IT BUT YOU COULD BE

                    REVERSED ON APPEAL BUT YOU STILL HAD TO DO THAT REPORT AND IT'S COSTLY.

                    UNDER THE CURRENT LAW AND REGULATIONS RIGHT NOW IT IS NOT A REQUIREMENT

                    THAT WRITTEN NOTIFICATIONS BE PROVIDED AS LONG AS IT'S CONVEYED, THE

                    RESOLUTION OF THE MATTER BETWEEN THE PSC, THE UTILITY AND THE CUSTOMER.

                    AND I THINK ADDING THAT INTO THE MIX COULD MAKE IT MUCH MORE

                    COMPLICATED AND COSTLY ESPECIALLY WHEN YOU TALK ABOUT, YOU KNOW,

                    THOUSANDS OF COMPLAINTS THAT COULD BE HANDED DOWN FROM ONE AREA OR

                    ANOTHER FROM JURISDICTION.  I THINK THERE'S A LOT OF QUESTIONS THAT

                    REVOLVE, YOU KNOW, AROUND THE TIMING OF THE INVESTIGATION WHEN IT

                    COMPLETES AND 15 DAYS, I THINK THAT'S A VERY SHORT TIME FRAME,

                    ESPECIALLY WHEN YOU COULD BE DEALING WITH COMPLICATED MATTERS.

                                         85



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    ESPECIALLY WHEN YOU'RE TALKING ABOUT COMMERCIAL, INDUSTRIAL

                    CUSTOMERS BEING IMPACTED NOW TOO, WHEN YOU GET INTO TIME OF USE, YOU

                    GET INTO SUPPLY AND DEMAND, WHICH IS A LITTLE BIT MORE COMPLICATED,

                    SOME PEAK HOURS WHICH IS A LITTLE BIT MORE COMPLICATED THAN THE

                    RESIDENTIAL.  I THINK THAT ADDS PROBLEMATIC TO THE ISSUE AS WELL FROM A

                    TIMING PERSPECTIVE.  I JUST THINK THERE'S SOME FLAWS IN THIS LEGISLATION.  I

                    THINK THERE DEFINITELY NEEDS TO BE SOME CLARIFICATION ON THIS 15 DAYS

                    AND WHEN THAT REPORT WOULD HAVE TO BE DONE.  I WOULD ARGUE IT WOULD

                    BE BETTER IF THEY COMPLETE THE PROCESS, THE DECISION IS MADE.  LIKE ANY

                    OTHER DECISION THERE'S ALWAYS A PROCESS FOR THE APPEAL, IT'S NOT FINALIZED

                    UNTIL THE APPEAL IS ADJUDICATED AND DECIDED UPON.  WE SHOULDN'T BE

                    MAKING UTILITIES OR MUNICIPALITIES HAVING TO PROVIDE A WRITTEN REPORT

                    UNTIL IT'S COMPLETELY FINALIZED.  YOU DON'T NEED TO DO A MIDWAY REPORT

                    AND SPEND TIME AND RESOURCES AND MONEY WHICH IS ULTIMATELY GOING TO

                    BE PAID BY THE RATEPAYER, ULTIMATELY GOING TO BE PAID BY THE TAXPAYER IF

                    IT'S A MUNICIPALITY.  I THINK THERE'S A WAY WE CAN LOOK AT THIS AND ADJUST

                    THIS IN A BETTER WAY.  I UNDERSTAND WHAT THE SPONSOR IS TRYING TO DO, I

                    COMMEND HIM FROM HIS INTENTIONS ON IT BUT I THINK THERE'S A BETTER WAY

                    TO DO THIS.  I THINK THIS LANGUAGE IN THIS BILL IS PROBLEMATIC IN WHAT IT'S

                    TRYING TO ADDRESS AND SO FOR THAT REASON, MR. SPEAKER, I'M GOING TO BE

                    VOTING IN THE NEGATIVE.  BUT I WILL SAY ONE MORE THING.  SORRY, MR.

                    AUBRY.  I WONDER HOW THIS PROCESS IS GOING TO WORK WHEN, YOU KNOW,

                    INDIVIDUALS HAVE COMPLAINTS ABOUT THE UTILITY BILLS BECAUSE THEY'RE

                    PAYING HIGHER RATES FOR THE GREEN NEW DEAL THAT'S BEING ADVANCED BY

                    THE MAJORITY THAT'S GOING TO INCREASE RATES.  WE'VE ALREADY TALKED ABOUT

                                         86



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    PRICES AT THE PUMP INCREASING 63 CENTS A GALLON, HOME HEATING COSTS

                    INCREASING 79 PERCENT.  IF WE DON'T CHANGE OR MAKE A CHANGE IN THE

                    METHODOLOGY, LAST YEAR THE PSC AUTHORIZED $43 BILLION IN FUTURE

                    RATEPAYER INCREASES TO PAY FOR THE SO-CALLED GREEN ENERGY POLICY.  SO

                    THERE'S GOING TO BE A LOT OF COMPLAINTS FROM CUSTOMERS FOR SURE.  BUT

                    THEY SHOULD BE DIRECTED AT THE MAJORITY AND THE GOVERNOR FOR

                    ADVANCING THIS POLICY THAT DOESN'T TAKE COST, AFFORDABILITY AND

                    RELIABILITY INTO CONSIDERATION.

                                 SO FOR THE REASONS I TALKED ABOUT IN THE DEBATE AND

                    THOSE OTHER POINTS I JUST ADDED I'M GOING TO BE VOTING NO, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER AUBRY:  A PARTY VOTE HAS

                    BEEN REQUESTED.

                                 MS. WALSH.

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

                    REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PARTICULAR PIECE

                    OF LEGISLATION.  BUT IF COLLEAGUES WISH TO VOTE IN THE AFFIRMATIVE, THEY

                    MAY CERTAINLY DO SO AT THEIR DESKS.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. SOLAGES.

                                 MS. SOLAGES:  THE MAJORITY CONFERENCE WILL BE

                    VOTING IN THE AFFIRMATIVE.  THOSE WHO WISH TO VOTE IN THE NEGATIVE CAN

                    DO SO RIGHT NOW.

                                 ACTING SPEAKER AUBRY:  THANK YOU BOTH.

                                         87



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 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.

                                 MS. SOLAGES.

                                 MS. SOLAGES:  THANK YOU, MR. SPEAKER.  WE WILL

                    CONTINUE OUR WORK WITH THESE BILLS:  RULES REPORT NO. 95 BY MR.

                    ZEBROWSKI; RULES REPORT NO. 106 BY MS. SOLAGES; RULES REPORT NO.

                    113 BY MR. EACHUS; AND CALENDAR NO. 22 BY MR. WEPRIN.

                                 ACTING SPEAKER AUBRY:  PAGE 7, RULES REPORT

                    NO. 95, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02852-A, RULES

                    REPORT NO. 95, ZEBROWSKI, STIRPE, STECK, PAULIN.  AN ACT TO AMEND THE

                    GENERAL MUNICIPAL LAW, IN RELATION TO REQUIRING MUNICIPALITIES TO

                    MAINTAIN MUNICIPAL WEBSITES.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION HAS

                    BEEN REQUESTED, MR. ZEBROWSKI.

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

                    BILL REQUIRES THAT ALL MUNICIPAL CORPORATIONS MAINTAIN AN OFFICIAL

                    WEBSITE, SPECIFICALLY AN OFFICIAL.GOV DOMAIN NAME WEBSITE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                                         88



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    YOU YIELD?

                                 MR. ZEBROWSKI:  YES, I'LL YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. ZEBROWSKI.  DO

                    YOU HAVE ANY SENSE OF HOW MANY MUNICIPALITIES THIS BILL WOULD AFFECT,

                    OTHER THAN ALL OF THEM.

                                 MR. ZEBROWSKI:  RIGHT, ALL OF THEM.  THERE ARE --

                    I MEAN, DO YOU WANT THE TOTAL NUMBER OF MUNICIPALITIES?

                                 MR. GOODELL:  YEAH.

                                 MR. ZEBROWSKI:  ONE THOUSAND, FOUR HUNDRED-AND

                    SIXTY-NINE.

                                 MR. GOODELL:  AND OF THOSE 1,469 MUNICIPALITIES,

                    HOW MANY OF THEM USE.COM AS OPPOSED TO.GOV?

                                 MR. ZEBROWSKI:  I AM NOT SURE.

                                 MR. GOODELL:  WOULD THIS, IN EFFECT, OUTLAW THE

                    USE OF.COM FOR ALL THOSE MUNICIPALITIES?

                                 MR. ZEBROWSKI:  THEY COULD STILL DO IT, BUT THEY'D

                    HAVE TO HAVE A.GOV; THEY COULD HAVE BOTH.

                                 MR. GOODELL:  NOW, WHAT'S THE COST OF CONVERTING

                    A WEBPAGE FROM.COM TO.GOV?

                                 MR. ZEBROWSKI:  I'M NOT SURE OF THE COST OF

                    CONVERTING, BUT I'LL NOTE THAT.GOV IS FREE AND.COM COSTS MONEY.  SO AT

                    SOME POINT, IF THERE'S A COST OF CONVERSION, THAT WILL BE COVERED BY THE

                    FACT THAT.GOV IS FREE.

                                 MR. GOODELL:  IN ADDITION TO REQUIRING EVERY

                                         89



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    MUNICIPALITY YOU MENTIONED, THERE WERE 1,000 --

                                 MR. ZEBROWSKI:  I BELIEVE IT'S 1,469.

                                 MR. GOODELL:  ONE THOUSAND, FOUR

                    HUNDRED-AND-SIXTY-NINE MUNICIPALITIES TO COMPLY.  THIS ALSO REQUIRES

                    EVERY ONE OF THOSE MUNICIPALITIES TO PROVIDE CERTAIN INFORMATION THAT

                    THEY'RE NOT CURRENTLY REQUIRED TO PROVIDE ON THEIR WEBPAGE, CORRECT?

                                 MR. ZEBROWSKI:  CORRECT.

                                 MR. GOODELL:  AND THAT WOULD INCLUDE, FOR

                    EXAMPLE, ALL AGENDAS, ALL MINUTES, BUDGETS, AUDIT REPORTS, FISCAL PLANS;

                    IS THAT RIGHT?

                                 MR. ZEBROWSKI:  SO THESE ARE THINGS THAT THEY'RE

                    ALREADY REQUIRED TO POST IN SOME FORMS, BUT NOW WOULD BE REQUIRED TO

                    BE ON WEBSITES, BASIC INFORMATION, FINANCIAL REPORTS, MEETING AND

                    ELECTION NOTICES, AN UPDATED VERSION OR HYPERLINK TO THE MUNICIPALITY

                    LAW AND CODES, AND RESOLUTIONS.

                                 MR. GOODELL:  NOW, CURRENT LAW HAS A CAVEAT, IT

                    SAYS "TO THE EXTENT PRACTICAL," INFORMATION RELATING TO FINANCIAL

                    STATEMENTS, BUDGETS, INDEPENDENT AUDIT REPORTS AND EVERYTHING ELSE WILL

                    BE POSTED.  WHY ARE WE ELIMINATING "TO THE EXTENT PRACTICAL"?  ARE WE

                    REQUIRING NOW MUNICIPALITIES TO DO THIS EVEN IF IT'S NOT PRACTICAL?

                                 MR. ZEBROWSKI:  I DON'T THINK ANY -- IT COULD BE

                    NOT PRACTICAL ANYMORE IN THIS DAY AND AGE.  THE INTERNET IS EVERYWHERE

                    IN OUR SOCIETY, AND CERTAINLY I THINK MOST NEW YORKERS, IF THEY NEEDED

                    SOME INFORMATION ABOUT THEIR MUNICIPALITY, THE FIRST THING THEY WOULD

                    DO WOULD BE TO DO AN INTERNET SEARCH AND WOULD BE SHOCKED, I THINK, IF

                                         90



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    -- IF THEY FOUND OUT THEIR MUNICIPALITY, WHICH IS A TAXING JURISDICTION,

                    DOES NOT HAVE A WEBSITE.

                                 MR. GOODELL:  IS THERE ANY PROVISION FOR A WAIVER

                    FROM ANY OF THESE REQUIREMENTS?

                                 MR. ZEBROWSKI:  NO.

                                 MR. GOODELL:  THANK YOU VERY MUCH FOR

                    CLARIFYING THE BILL.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. GOODELL:  CERTAINLY IN MY MUNICIPALITY -- IN

                    MY DISTRICT, AND I'M SURE ACROSS THE STATE, THERE ARE LITERALLY THOUSANDS

                    OF MUNICIPALITIES THAT HAVE WELL-ESTABLISHED WEB PAGES THAT USE.COM.

                    AND THAT'S THE CASE, CERTAINLY, IN MY COUNTY; MY COUNTY USES.COM FOR

                    ALL OF THEIR TRANSACTIONS, FOR ALL THEIR WEB PAGES, FOR ALL THEIR

                    INTERACTIONS.  AND SAY, OH, I JUST SWITCHED IT OVER, WELL, MY COUNTY CAN

                    PROBABLY DO IT, THEY HAVE AN IT DEPARTMENT.  I ALSO HAVE A VILLAGE THAT

                    HAS LESS THAN 500 RESIDENTS.  THEIR MAYOR IS PART-TIME, THEIR STAFF IS

                    PART-TIME, THEY DON'T HAVE AN IT DEPARTMENT; YET, HERE WE ARE ON HIGH

                    MANDATING THAT EVERY SINGLE MUNICIPALITY CHANGE A WEB PAGE TO.GOV.

                                 BUT IT'S MORE THAN JUST THE IMPACT ON MUNICIPALITIES.

                    THERE ARE MANY OF US THAT ROUTINELY INTERACT WITH A MUNICIPAL ENTITY

                    AND HAVE IN OUR COMPUTERS ALREADY SET UP THE WEB PAGE.  IN MY

                    EXAMPLE, I DO A LOT OF REAL ESTATE, I HAVE CHAUTAUQUAGIS.COM, ONE OF

                    MY FAVORITES, BOOM I HIT THAT, I GO RIGHT TO THE WEB PAGE.  EVERY SINGLE

                    PERSON WHO HAS A PRE-FILED WEB PAGE LINK, A BOOKMARK OR A FAVORITES

                                         91



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    THAT GOES TO A.COM WOULD HAVE TO CHANGE IT, AND WHY?  I MEAN, I CAN

                    ACCESS CHAUTAUQUAGIS.COM JUST AS WELL AS I CAN ACCESS

                    CHAUTAUQUAGIS.GOV.

                                 SO WE ARE IMPOSING ALL THIS ADMINISTRATIVE WORK ON

                    EVERY SINGLE MUNICIPALITY THAT USES.COM WITH NO ASCERTAINABLE BENEFIT

                    TO THEIR RESIDENTS, OVERRIDING EVERY ONE OF THEIR ELECTED OFFICIALS WHO

                    MADE THEIR OWN DECISION FOR THEIR OWN MUNICIPALITY ON HOW THEY BEST

                    WANT THEIR WEB PAGE DESIGNATED.  LET'S SHOW SOME RESPECT FOR OUR LOCAL

                    ELECTED OFFICIALS, LET'S SHOW SOME RESPECT FOR THE VILLAGE TRUSTEES WHO

                    SET UP A WEB PAGE THAT WAS.COM, OR A COUNTY LEGISLATOR AND COUNTY

                    EXECS THAT USE.COM, OR ANYONE ELSE.  WE DON'T HAVE TO RULE ON HOW THEY

                    GOVERN THEIR MUNICIPALITY.  NO NEED TO IMPOSE ADDITIONAL COSTS,

                    BURDENS ON ALL OF OUR MUNICIPALITIES ACROSS THE STATE SIMPLY TO MEET

                    WHAT WE THINK IS BETTER THAN.COM.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MS. BYRNES.

                                 MS. BYRNES:  THANK YOU.  WILL THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                    YOU YIELD?

                                 MR. ZEBROWSKI:  YES, I'LL YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS,

                    MA'AM.

                                 MS. BYRNES:  THANK YOU.  I AGREE WITH WHAT WAS

                    JUST SAID SO I WON'T REPEAT THAT LINE OF QUESTIONING, BUT MY LINE OF

                    QUESTIONING IS IF WE TURN AWAY FROM A SECOND FROM THE MUNICIPALITY

                    AND ITS OBLIGATIONS, YOU SAID YOUR CONCERN WAS THAT RESIDENTS, CITIZENS

                                         92



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    SHOULD BE ABLE TO BE ABLE ACCESS THE INFORMATION FOR TOWNS AND VILLAGES

                    MORE EASILY; IS THAT CORRECT?  YOU THINK PEOPLE SHOULD BE ABLE TO GO ON

                    LINE AND BE ABLE TO SEE MINUTES FROM MEETINGS AND KNOW WHAT'S GOING

                    ON IN GOVERNMENT, RIGHT?

                                 MR. ZEBROWSKI:  YES.  AND THAT'S ONE OF THE

                    REASONS WHY I PUT FORTH THE BILL; NOT THE ONLY REASON, BUT ONE OF THEM.

                                 MS. BYRNES:  OKAY.  WE'VE TALKED ABOUT THIS SO

                    MANY TIMES IN THIS -- IN THIS FORUM.  DO YOU HAVE ANY CONCEPT OF HOW

                    MANY PEOPLE IN RURAL AREAS, AND WE'VE TALKED ABOUT IT HERE ON OTHER

                    BILLS, HAVE NO ACCESS TO INTERNET, EVEN IF THEY HAVE THE INTERNET, THEY

                    HAVE NO ACCESS TO RELIABLE INTERNET.  I HAVE A GOOD PORTION OF MY

                    ASSEMBLY DISTRICT WHICH DOES NOT HAVE INTERNET, AND IF SOMEBODY CALLS

                    UP THE PROVIDERS AND SAYS, WHAT WOULD IT COST TO HAVE INTERNET RUN TO

                    MY HOME, THEY'RE ROUTINELY TOLD $20,000.  OBVIOUSLY, YOUR AVERAGE

                    PERSON WHEN WE HAVE AN AVERAGE HOUSEHOLD INCOME OF ABOUT 55,000

                    ISN'T GOING TO SPEND 20,000 JUST TO GET HOOKED UP TO THE INTERNET.  I

                    HAVE AREAS WHERE I CAN DRIVE FOR A LONG PERIOD OF TIME AND EVEN ON MY

                    PHONE, BECAUSE IF YOU SAY PEOPLE CAN GO ONTO THEIR PHONES AND LOOK IT

                    UP, WHERE I HAVE ZERO BARS ON MY IPHONE DRIVING THROUGH HUGE PARTS OF

                    MY DISTRICT.  HOW DO YOU EXPECT THE COMMON, DECENT PEOPLE WHO WANT

                    TO ACCESS THIS INFORMATION, WHO HAVE NO INTERNET AND CAN'T EVEN GET ON

                    AN IPHONE TO TRY TO FIND IT, WHAT'S THE POINT IN HAVING THIS AVAILABLE IF IT

                    IS STILL UNREACHABLE BY THE AVERAGE PERSON?

                                 MR. ZEBROWSKI:  WELL, FIRST OF ALL, I AGREE THAT

                    BUILDING OUT BROADBAND IS IMPORTANT.  AS CHAIR OF THE COMMITTEE ON

                                         93



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    CORPORATIONS, I'VE WORKED ON PROGRAMS LIKE CONNECT ALL PROGRAM TO

                    TRY AND MAKE AS MUCH PROGRESS AS WE CAN.  BUT JUST BECAUSE SOME

                    NEW YORKERS DON'T HAVE ACCESS TO THE INTERNET DOESN'T MEAN THAT THIS

                    BILL IS A BURDEN.  THEY CAN ACCESS THEIR GOVERNMENT ANY WAY THAT THEY

                    DO RIGHT NOW.  BUT I WOULD FIND IT HARD TO BELIEVE THAT ANY OF THOSE

                    MUNICIPALITIES HAVE NOTHING ON THE INTERNET, THAT THEY'RE NOT USING THE

                    INTERNET AT ALL.

                                 MS. BYRNES:  MY QUESTIONS, AS I POINTED OUT

                    DIFFERENTIATE FROM MR. GOODELL'S BECAUSE I'M TALKING ABOUT THOSE

                    PEOPLE, THOSE RESIDENTS OF THE AREA THAT ARE SO CONCERNED THAT THEY

                    WOULD BE ABLE TO JUMP ON THE INTERNET, EITHER THROUGH A COMPUTER, AN

                    IPAD, A PHONE, TO FIND OUT WHAT'S GOING ON, YOU KNOW, BUT YET WE, AS A

                    LEGISLATOR [SIC] ARE DOING NOTHING TO GET THESE PEOPLE ONLINE TO EVEN DO

                    THEIR SCHOOLWORK, BUT YET YOU THINK THEY SHOULD EASILY BE ABLE TO LOOK

                    AT THEIR MUNICIPAL GOVERNMENT'S --

                                 MR. ZEBROWSKI:  A, I'M NOT -- I'M NOT --

                                 MS. BYRNES:  I MEAN, THAT'S NOT REALLY FAIR, IS IT, TO

                    REQUIRE THIS BURDEN AND EXTENSIVELY SAY YOU'RE TRYING TO HELP THE

                    CITIZENS WHEN YOU'RE NOT DOING ANYTHING TO EFFECTUATE WHAT THEY NEED.

                                 MR. ZEBROWSKI:  FAIR?

                                 MS. BYRNES:  YUP.

                                 MR. ZEBROWSKI:  THIS IS UNFAIR TO YOUR

                    CONSTITUENTS THAT DON'T HAVE INTERNET?  I'M NOT FORCING THEM TO HAVE THE

                    INTERNET, I'M NOT FORCING THEM TO DO ANYTHING.  AND ARE YOU AWARE OF

                    THE CONNECT ALL PROGRAM, OR HAVE YOU LOOKED AT ANY OF THOSE

                                         94



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    BUDGETARY PROVISIONS THAT WE'VE ATTEMPTED TO INSTALL AND GET MONEY IN

                    TO PROVIDE BROADBAND ACROSS THE STATE?

                                 MS. BYRNES:  ABSOLUTELY, AND IN MY COUNTY, THEY

                    RAN A SURVEY THAT IT WOULD BE $30 MILLION TO CONNECT ALL THE PEOPLE WHO

                    ARE NOT -- NOT JUST HAD LIMITED INTERNET, BUT HAD NO INTERNET TO GET THEM

                    ON BOARD AND THERE WAS SO FEW HOUSEHOLDS THAT WERE HOOKED UP IN

                    THOSE PROGRAMS THAT IT'S NOT EVEN FUNNY.

                                 MR. ZEBROWSKI:  SO YOUR -- SO YOUR ARGUMENT IS

                    BECAUSE THEY DON'T HAVE INTERNET, THAT ME REQUIRING MUNICIPALITIES TO

                    HAVE WEBSITES IS UNFAIR TO THOSE PEOPLE?

                                 MS. BYRNES:  IT'S UNFAIR IN THAT YOU ARE JUSTIFYING

                    THE NEED FOR THIS BILL BY INDICATING ON HOW HELPFUL IT WOULD BE TO

                    RESIDENTS WHEN WE ARE NOT DOING ANYTHING TO HELP THOSE RESIDENTS.

                    THAT'S HOW IT'S UNFAIR.

                                 MR. ZEBROWSKI:  NO, I RESPECTFULLY DISAGREE WITH

                    YOUR SENSE OF WHAT'S FAIR AND UNFAIR.  IF THEY RIGHT NOW ACCESS THEIR

                    MUNICIPALITIES IN ANOTHER WAY, MAYBE THEY WALK DOWN TO VILLAGE HALL

                    OR TOWN HALL, THEY'LL STILL BE ABLE TO DO THIS.  I'M NOT FORCING ANYBODY TO

                    ACCESS THE INTERNET.  THEY CAN GO ABOUT THEIR WAYS.  BUT I THINK IN THIS

                    DAY AND AGE WE SHOULD REQUIRE MUNICIPALITIES TO AT THE VERY LEAST HAVE

                    A WEBSITE.  I DON'T THINK THAT THAT IS TOO MUCH TO ASK FOR.  AND

                    FURTHERMORE,.  GOV IS ACTUALLY MORE SECURE AND IN THIS DAY AND AGE OF

                    CYBERSECURITY AND CYBER ATTACKS, I DO THINK WE SHOULD REQUIRE OUR

                    MUNICIPALITIES TO REGISTER THEIR DOMAINS WITH AN AGENCY THAT'S ACTUALLY

                    REGULATED BY THE FEDERAL GOVERNMENT..  GOV IS REGISTERED -- IS

                                         95



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    MAINTAINED BY THE CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.

                    IT ALSO HAS CRITERIA IN TERMS OF DUAL-FACTOR AUTHENTICATION, THEY PRELOAD

                    NEW DOMAINS WHICH REQUIRES THAT (INAUDIBLE) CONNECTIONS WITH THE

                    WEBSITE, ENSURES THAT THE CONTENT YOU PUBLISH IS EXACTLY WHAT VISITORS

                    GET.  THERE'S BEEN SITUATIONS WHERE THERE'S BEEN CYBERSECURITY ISSUES

                    WHERE THERE'S BEEN CLONES OF WEBSITES.  SO WE NEED TO GET INTO THIS

                    CENTURY, AND I'VE ACTUALLY HAD THIS BILL FOR A LONG TIME, BUT MOST -- MOST

                    GOVERNMENTS NOW HAVE A WEBSITE.  THERE'S A HANDFUL OF STRAGGLERS THAT

                    WON'T -- THAT WILL HAVE TO AFTER THIS LAW, AND THEY SHOULD GET ON THE BALL.

                    BUT HOW IT'S NOT FAIR TO SOMEBODY THAT DOESN'T USE THE INTERNET IS

                    BEYOND ME.

                                 MS. BYRNES:  IF I CAN BE HEARD ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MS.

                    BYRNES.

                                 MS. BYRNES:  AS MR. ZEBROWSKI JUST SAID, WE NEED

                    TO GET INTO THIS CENTURY.  WELL, YOU KNOW WHAT?  ALL OF MY CONSTITUENTS

                    SAY THAT ALSO, AND ESPECIALLY IN RURAL NEW YORK.  WE ARGUE AND WE ASK

                    IN THE BUDGET AND THE BILLS FOR OUR MUNICIPAL AREAS, ARE MORE HEAVILY

                    POPULATED AREAS, NOT JUST TO HAVE ACCESS TO INTERNET, BUT THEY WANT

                    AFFORDABLE INTERNET.  AFFORDABLE INTERNET IS A WONDERFUL THING, BUT WE

                    HAVE VAST PARTS OF THIS ENTIRE STATE THAT DON'T HAVE AFFORDABLE INTERNET,

                    THEY HAVE NO INTERNET, NO ABILITY, NO FINANCIAL RESOURCES.  ALL THE

                    MONEY, ALL THE BILLIONS AND MILLIONS OF DOLLARS THAT HAVE BEEN SPENT BY

                    THIS STATE OVER THE LAST FEW YEARS, THEY'RE NOT REACHING THE PEOPLE IN MY

                    AREA, AND EVERY TIME I GET CALLS, YOU KNOW, AND WE LOOK UP ON THE MAP,

                                         96



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    WHO MAY OR MAY NOT GET INTERNET AT ANY TIME IN THE REASONABLE FUTURE,

                    VAST AREAS ARE EXCLUDED.  WHEN THEY DO GO INTO AN AREA, IT MIGHT BE ONE

                    OR TWO.  I HAVE MORE NEIGHBORHOODS THAT HAVE POLES COME IN FROM EACH

                    END OF THE STREET AND STOPPED TWO OR THREE OR FOUR HOUSES IN THE MIDDLE

                    THAT ARE NEVER CONNECTED AND ARE TOLD THAT WILL BE $20,000 IF YOU WANT

                    INTERNET.

                                 IF WE'RE GOING TO KEEP PUSHING THESE BILLS, THEN GOSH

                    DARN IT, WE SHOULD ACTUALLY GET SERIOUS ABOUT ACTUALLY MAKING SURE THAT

                    WE ARE GETTING INTO THIS CENTURY AND THAT WE DO PROVIDE OUR CITIZENS, ALL

                    OF OUR CITIZENS, WITH ADEQUATE INTERNET.  THANK YOU.  I'LL BE VOTING NO.

                                 ACTING SPEAKER AUBRY:  MR. MAHER.

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

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                    YOU YIELD?

                                 MR. ZEBROWSKI:  YES.

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI

                    YIELDS, MR. MAHER.

                                 MR. MAHER:  OKAY, THANK YOU, APPRECIATE IT.  SO AS

                    SOMEONE WHO WAS A VILLAGE MAYOR AND A TOWN SUPERVISOR, I'M VERY

                    AWARE OF THIS PROCESS BY WHICH SOME OF THESE WEBSITES ARE RUN, I'M

                    DOING A LITTLE BIT OF RESEARCH, THERE ARE A TON THAT DON'T HAVE.GOV, SO I

                    GUESS I'M TRYING TO UNDERSTAND WHY THE MANDATE TO.GOV.  THE FIRST

                    QUESTION I HAVE IS CAN YOU HAVE A.GOV AND A.COM, OR.ORG IF THIS IS

                    PASSED; CAN YOU HAVE MULTIPLE?

                                         97



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MR. ZEBROWSKI:  YES.

                                 MR. MAHER:  OKAY.  SO ANOTHER THING YOU SAID THAT

                    I'M JUST A LITTLE CONFUSED ABOUT, YOU SAID IT'S FREE.  HOW IS.GOV FREE?

                                 MR. ZEBROWSKI:  IT'S FREE, IT'S RUN -- IT'S RUN BY A

                    FEDERAL AGENCY AND IT'S FREE.

                                 MR. MAHER:  DO THEY DO THE UPKEEP?  DO THEY

                    PHYSICALLY INPUT ALL THE CHANGES IN REALTIME THAT A MUNICIPALITY HAS?

                                 MR. ZEBROWSKI:  NO, THEY -- THEY HOST THE DOMAIN

                    FOR FREE.

                                 MR. MAHER:  RIGHT, OKAY, WHICH IS PRETTY MUCH THE

                    MOST INEXPENSIVE PART OF BUILDING A WEBSITE AND RUNNING A WEBSITE,

                    WHEN IT COMES TO THE UPKEEP THAT'S NOT FREE BECAUSE THAT'S TIME, RIGHT?

                    THE MUNICIPALITY HAS TIME, AND IF YOU ARE A SMALL MUNICIPALITY, EVEN A

                    LARGER ONE, YOU DON'T HAVE THAT TIME STILL SO YOU'RE EITHER HIRING A

                    PART-TIME EMPLOYEE OR, YOU KNOW, WORKING WITH A PRIVATE COMPANY

                    THAT, YOU KNOW, BUILDS WEBSITES AND MAINTAINS THEM TO GET THEM THE

                    INFORMATION THEY NEED.  I ASSUME WHEN THE EMPIRE CENTER DID THIS

                    REPORT, AND IT'S SOMETHING I HAVE TO ASK THEM, THAT THEY WOULD SAY THE

                    UPKEEP AND THE OUT-OF-DATE INFORMATION MIGHT HAVE BEEN WHAT DIDN'T

                    GIVE A PASSING GRADE.  IS THAT SOMETHING THAT KIND OF CAME UP IN YOUR

                    CONVERSATIONS WITH THE EMPIRE CENTER?  I'M JUST TRYING TO UNDERSTAND

                    WHY YOU'VE BEEN CARRYING THIS BILL.

                                 MR. ZEBROWSKI:  I -- I DON'T REMEMBER HAVING A

                    CONVERSATION WITH THE EMPIRE CENTER, AND THIS BILL HAS BEEN AROUND FOR

                    A WHILE.  IT CAME FROM MY BRAIN IN THAT MUNICIPALITIES SHOULD HAVE A

                                         98



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    WEBSITE.  EVERYBODY HAS A WEBSITE, YOU KNOW.

                                 MR. MAHER:  OKAY.

                                 MR. ZEBROWSKI:  THESE MUNICIPALITIES, THEY'RE NOT

                    A CLUB, RIGHT?  THEY ARE -- THEY HAVE LAWS, THEY HAVE ORDINANCES,

                    PEOPLE PAY TAXES, THEY ARE SERIOUS ENTITIES.  IF THEY DON'T WANT TO BE A

                    VILLAGE ANYMORE, THEY SHOULD DISSOLVE AND BECOME A TOWN.  I DON'T

                    THINK IT'S TOO MUCH TO -- TO REQUIRE THEM TO MAINTAIN A WEBSITE.

                                 MR. MAHER:  OKAY.  IF I COULD ASK YOUR BRAIN I'M

                    JUST VERY SPECIFICALLY ON.GOV.

                                 MR. ZEBROWSKI:  YES.

                                 MR. MAHER:  WHY.GOV?  I CAN UNDERSTAND A

                    MUNICIPALITY SHOULD HAVE A WEBSITE --

                                 MR. ZEBROWSKI:  RIGHT.

                                 MR. MAHER:  -- I CAN GET THERE, BUT WHY.GOV?

                                 MR. ZEBROWSKI:  IT'S MORE SECURE.  IT'S RUN BY A

                    FEDERAL AGENCY, WE SHOULD HAVE CONSISTENCY THERE.  A LOT OF

                    MUNICIPALITIES ARE ENABLING A WHOLE BUNCH OF THEIR RESIDENTS TO DO A

                    WHOLE BUNCH OF THINGS ON LINE, AND THERE ARE MORE AND MORE

                    CYBERSECURITY THREATS OUT THERE.  SO WHEN SOMEBODY'S DEALING WITH A

                    GOVERNMENT, IT MAKES SENSE TO HAVE CONSISTENCY, THEY HAVE SECURITY,

                    AND THEY'RE CONSTANTLY UPDATING THAT.  AND LIKE I SAID, IT'S RUN BY A

                    FEDERAL AGENCY.  SO I THINK IT MAKES SENSE FOR ALL OF OUR MUNICIPALITIES

                    IN THE STATE, REALLY I THINK EVERY STATE SHOULD DO THIS SO THAT YOU KNOW

                    IF YOU'RE ON A.GOV, YOU'RE IN THE RIGHT SPOT.

                                 MR. MAHER:  OKAY.  JUST SPECIFICALLY TO THE SECURITY

                                         99



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    PART, AND I UNDERSTAND GENERALLY WHAT YOU'RE TRYING TO SAY.  CAN YOU

                    SPEAK TO SOME INFORMATION IN YOUR RESEARCH THAT SHOWS THAT A

                    GOVERNMENT WEBSITE IS MORE SECURE THAN A PRIVATE.COM THAT MAYBE HAS

                    PARTNERSHIPS WITH SECURITY COMPANIES, WITH THEIR BUSINESS TO MAKE SURE

                    THAT THOSE COMPANIES HAVE THE BEST PROTECTION, SOMETIMES BETTER THAN

                    GOVERNMENTS.

                                 MR. ZEBROWSKI:  WELL, YOU CAN -- YOU CAN STILL

                    HIRE A SECURITY AGENCY IF YOU DEEMED FIT ON.GOV WEBSITE, BUT BEYOND

                    GIVING EVERYBODY, AND LIKE I SAID, THERE'S BEEN WEBSITES CLONED --

                                 MR. MAHER:  RIGHT, YEAH.

                                 MR. ZEBROWSKI:  -- SO BEYOND GIVING PEOPLE THE

                    SENSE THAT IF YOU'RE GOING TO YOUR OFFICIAL GOVERNMENT AND PERHAPS

                    YOU'RE PUTTING IN FINANCIAL INFORMATION, OR SOMETHING LIKE THAT, AND IT

                    COULD BE SECURE IF IT'S -- IF IT'S.GOV.  THEY'RE ALSO CONSTANTLY REVIEWING

                    AND UPDATING THE THINGS.  LIKE I SAID EARLIER, THEY SORT OF WITHIN THE

                    DOMAIN HOSTING PROCESS HAVE, LIKE, DUAL-FACTOR AUTHENTICATION AND

                    OTHER SECURITY FEATURES TO ENSURE THAT THE THINGS PUBLISHED ARE ACTUALLY

                    THE THINGS PUBLISHED BY THE MUNICIPALITY AND THEY CAN'T SORT OF BE

                    HACKED INTO.

                                 MR. MAHER:  OKAY.  IF YOU HAVE A MUNICIPALITY,

                    AND I KNOW THAT IN YOUR DISTRICT WE SHARE A MUTUAL FRIEND, MR.  HOWARD

                    PHILLIPS, TOWN OF HAVERSTRAW'S GOT A.ORG.  IF THEY WANT TO ADHERE TO

                    THIS LAW, THEY'LL HAVE TO HAVE A.GOV.  CAN THEY, AGAIN, JUST HAVE

                    TOWNOFHAVERSTRAW.ORG AS WELL AS.GOV?

                                 MR. ZEBROWSKI:  YES.

                                         100



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MR. MAHER:  THEY DON'T HAVE TO CHANGE THE

                    BRANDING.

                                 MR. ZEBROWSKI:  NO, AND THERE'S EVEN A WAY

                    WHERE IT CAN AUTOMATICALLY --

                                 MR. MAHER:  REDIRECT.

                                 MR. ZEBROWSKI:  REDIRECT, YOU'RE RIGHT.

                                 MR. MAHER:  OKAY, OKAY.  DID -- IS THIS SOMETHING

                    WHERE YOU THOUGHT ABOUT MAY BE CREATING AN OPT-IN AS OPPOSED TO

                    FORCING THE.GOV?  I'M JUST, AGAIN, TRYING TO REALLY BETTER UNDERSTAND WHY

                    IT HAS TO BE A.GOV, OR AGAIN IT'S JUST YOUR OPINION AS THE SPONSOR OF THE

                    BILL?

                                 MR. ZEBROWSKI:  RIGHT, MY FIRST VERSION OF THE

                    BILL DID NOT REQUIRE THAT --

                                 MR. MAHER:  OKAY.

                                 MR. ZEBROWSKI:  -- BUT AT SOME POINT WE

                    AMENDED THAT IF WE'RE GOING TO REQUIRE ALL MUNICIPALITIES TO DO THIS,

                    THAT IT MADE SENSE FOR THERE TO BE CONSISTENCY ACROSS WEBSITE DOMAINS.

                                 MR. MAHER:  SO WHEN YOU SAY REQUIRING

                    MUNICIPALITIES TO MAINTAIN A MUNICIPAL WEBSITE, YOU STILL ARE GIVING

                    THEM THAT LIBERTY AND THAT ABILITY TO WORK WITH A PRIVATE ENTITY, BUT ALSO

                    NOW MANDATING THEM TO HAVE A.GOV --

                                 MR. ZEBROWSKI:  RIGHT.

                                 MR. MAHER:  -- IS REALLY THE HEART OF IT.

                                 MR. ZEBROWSKI:  YEAH, THEY CAN HIRE A, I DON'T

                    KNOW WHAT IT'S CALLED, A WEB ADMINISTRATOR OR WHOEVER.

                                         101



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MR. MAHER:  WELL, I MEAN, THE FLEXIBILITY FOR LOCAL

                    BILL, JUST SAY THEY HAVE A LOCAL BUSINESS AND THEY WANT TO SUPPORT LOCAL

                    BUSINESSES TO HAVE THEM PROMOTE THEIR WEBSITE AND BUILD THEIR WEBSITE,

                    THEY CAN STILL HAVE THE ABILITY TO DO THAT.

                                 MR. ZEBROWSKI:  YEAH, SURE.

                                 MR. MAHER:  OKAY.  ALL RIGHT.  THANK YOU.

                                 MR. ZEBROWSKI:  THANK YOU.

                                 MR. MAHER:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. MAHER:  I APPRECIATE THE SPONSOR FOR

                    ANSWERING SOME OF MY QUESTIONS, I DO HAVE SOME CONCERNS.  A COUPLE

                    MUNICIPAL OFFICIALS THAT I SPOKE TO ALSO HAD SOME CONCERNS SO I WANTED

                    TO AIR THEM OUT.  I AGREE WITH SOME OF MY COLLEAGUE'S COMMENTS, FOR

                    SURE, AND CONCERNS, AND JUST NOT A LOT OF TIME TO DO THE RESEARCH I

                    WOULD LIKED TO HAVE DONE ON A BILL LIKE THIS THAT COULD IMPACT A LARGE

                    NUMBER OF MUNICIPALITIES AND COMMUNITIES, SO FOR THAT REASON LATER ON

                    I'LL BE VOTING IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. BEEPHAN.

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

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                    YOU YIELD?

                                 MR. BEEPHAN:  I'LL BE QUICK, I PROMISE.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS,

                                         102



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    SIR.

                                 MR. BEEPHAN:  QUICK QUESTION ON THE URL.  I

                    KNOW THAT YOU CAN HAVE BOTH, YOU SHOULD KEEP YOUR OLD URL, YOUR.US

                    OR.ORG IN ADDITION TO THE.GOV, BUT WHICH ONE HAS TO BE THE PRIMARY?

                                 MR. ZEBROWSKI:.  GOV.

                                 MR. BEEPHAN:  SO THEY HAVE TO ACTUALLY CHANGE

                    THEIR WEBSITE TO.GOV AND REDIRECT THEIR.US OR.ORG TO THAT.  DOES THIS

                    MENTION ANYTHING REGARDING E-MAIL ADDRESSES?  DOES A MUNICIPAL

                    E-MAIL ADDRESS HAVE TO CHANGE?

                                 MR. ZEBROWSKI:  NO.

                                 MR. BEEPHAN:  OKAY, SOUNDS GOOD.  THAT'S IT.  I

                    TOLD YOU IT WOULD BE QUICK.

                                 MR. ZEBROWSKI:  THANKS.

                                 ACTING SPEAKER AUBRY:  MS. GIGLIO.

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

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                    YOU YIELD?

                                 MR. ZEBROWSKI:  YES, I'LL YIELD.

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI

                    YIELDS.

                                 MS. GIGLIO:  THANK YOU.  I'VE BEEN TEXTING BACK AND

                    FORTH TO THE IT ADMINISTRATOR FOR THE TOWN OF RIVERHEAD BECAUSE I WAS

                    ON THE TOWN BOARD AT THE TIME THAT WE SWITCHED TO A.GOV AND HAD TO

                    CHANGE ALL THE E-MAILS OVER TO OFFICE 365 SO THEY WOULD BE.GOV, AND

                                         103



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    THE WEBSITE HAD TO BE REDESIGNED FOR ALL THE FORMS, ALL THE LINKS AND

                    EVERYTHING THAT HAD TO BE ON THAT WEBSITE THAT -- AND IT WAS -- IT WAS

                    QUITE EXPENSIVE, ACTUALLY.  SO MY QUESTION FOR YOU IS ANY OF THIS

                    FUNDED IN THE STATE BUDGET FOR THE MUNICIPALITIES TO TRANSITION TO

                    A.GOV?

                                 MR. ZEBROWSKI:  NO.

                                 MS. GIGLIO:  NO, OKAY.  SO YOU HAD JUST INDICATED

                    THAT THEY COULD HIRE A WEBMASTER AND THEN THE WEBMASTER COULD DO ALL

                    THIS, OR REDESIGN THE WEBSITE.  SO DO YOU HAVE ANY IDEA, LIKE, HOW

                    MUCH TIME THAT INVOLVES?  I KNOW THAT WE IN THE MUNICIPALITY IN THE

                    TOWN OF RIVERHEAD, IT REALLY STOPPED EVERYTHING FOR A VERY LONG TIME

                    WHERE WE COULDN'T EVEN GET E-MAILS.  SO...

                                 MR. ZEBROWSKI:  SO THERE IS A WEBSITE RIGHT NOW

                    HOSTED BY THE UNITED STATES GOVERNMENT THAT WALKS PEOPLE THROUGH

                    THIS PROCESS.  THEY SAID ON AN OUTSIDE NUMBER IT COULD TAKE 30 DAYS.

                                 MS. GIGLIO:  YEAH, SO THAT'S A LONG TIME NOT TO GET

                    ANY E-MAILS OR BE ABLE TO RECEIVE ANY APPLICATIONS.

                                 MR. ZEBROWSKI:  WELL, I -- I DON'T KNOW THAT THAT

                    MEANS YOU CAN'T GET ANY E-MAILS IN THE PROCESS.  I'M NOT -- I'M NOT

                    FAMILIAR WITH THAT.

                                 MS. GIGLIO:  BUT UPLOADING ALL THE APPLICATIONS AND

                    THEN ON MANY OF THE SYSTEMS THEY HAVE ALL THE TAX NUMBERS ALREADY

                    BUILT INTO THE WEBSITE WHERE PEOPLE CAN GO AND GET THEIR TAX BILL, THEY

                    CAN PAY THEIR TAXES ONLINE, SO ALL THAT WOULD HAVE TO BE CHANGED.  I

                    AGREE WITH YOU -- ANYWAY, AND YOU ANSWERED MY QUESTION THAT IT'S NOT

                                         104



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    FUNDED, SO IT'S AN UNFUNDED MANDATE, CORRECT?

                                 MR. ZEBROWSKI:  YES.

                                 MS. GIGLIO:  OKAY, THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MS. GIGLIO:  WHERE IT'S A -- IT'S A LAUDABLE CAUSE, IT

                    REALLY IS, BECAUSE THE.GOV DEFINITELY IS MORE PROTECTIVE AND HAS THOSE

                    PROTECTIONS IN PLACE THAN A.COM; HOWEVER, IT IS ANOTHER UNFUNDED

                    MANDATE BEING PUSHED DOWN TO LOCAL MUNICIPALITIES AND COUNTIES AT A

                    TIME WHEN THE ECONOMY IS SO BAD THAT PEOPLE ARE TRYING TO FIGURE OUT

                    HOW TO PAY THEIR TAX BILLS, THEY'RE NOT PAYING THEIR TAX BILLS, THE SCHOOL

                    DISTRICTS ARE NOT GETTING REIMBURSED AT A TIMELY FASHION, AND I JUST THINK

                    IT'S AN UNFUNDED MANDATE THAT'S NOT NEEDED AT THIS PARTICULAR TIME, AND I

                    AGREE WITH MY COLLEAGUES THAT IT SHOULD BE AN OPT-IN OR A PERIOD OF

                    TIME TO BE ABLE TO INTEGRATE IT INTO THEIR SYSTEM.  SO I WILL BE VOTING NO.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. TAGUE.

                                 MR. TAGUE:  THANK YOU, MR. SPEAKER.  WILL MR.

                    ZEBROWSKI YIELD FOR A QUESTION?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                    YOU YIELD, SIR?

                                 MR. ZEBROWSKI:  YES.

                                 MR. TAGUE:  I CAN SEE THE SMILE ON THE FACE.

                                 MR. ZEBROWSKI:  NO, SOMEBODY PASSED ME A CARD

                                         105



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    AS I'M DEBATING THE BILL, SO...

                                 (LAUGHTER)

                                 MR. TAGUE:  MR. ZEBROWSKI, WILL THERE BE A WAIVER

                    FOR MUNICIPALITIES THAT DON'T HAVE INTERNET SERVICE?

                                 MR. ZEBROWSKI:  NO.

                                 MR. TAGUE:  WELL, I DON'T UNDERSTAND HOW WE CAN

                    MANDATE THIS IN RURAL UPSTATE, NEW YORK WHERE WE HAVE

                    MUNICIPALITIES THAT DON'T EVEN HAVE INTERNET SERVICE.  AREN'T WE KIND OF

                    PUTTING THE CART BEFORE THE HORSE?  MAYBE WE SHOULD MAKE SURE THAT

                    EVERYBODY HAS INTERNET SERVICE BEFORE WE MANDATE THIS ON THOSE

                    MUNICIPALITIES?

                                 MR. ZEBROWSKI:  WE'RE DOING OUR BEST TO, AS I

                    SAID EARLIER, FUND PROGRAMS THAT PROVIDE INTERNET SERVICE.  SO YOU'RE

                    SAYING IN THESE MUNICIPALITIES, THEY DON'T INTERACT WITH THE INTERNET AT

                    ALL?

                                 MR. TAGUE:  I HAVE MEMBERS SITTING RIGHT HERE IN

                    THIS ROW THAT HAVE AT LEAST ONE MUNICIPALITY IN THEIR DISTRICT THAT DOES

                    NOT HAVE INTERNET SERVICE WHERE THEY CANNOT SEND STUFF FROM ONE PLACE

                    TO ANOTHER.  THEY MAY HAVE A COMPUTER SYSTEM THAT THEY KEEP TRACK OF

                    THEIR RECORDS AND STUFF, BUT THEY DON'T HAVE INTERNET SERVICE.  VILLAGES

                    AND TOWNS, SOME VILLAGES AND TOWNS DO WHERE THEY CAN SEND OUT

                    INFORMATION, BUT WE -- WE -- YOU WANT TO TALK ABOUT RURAL EQUITY, WE'VE

                    BEEN TALKING ABOUT THIS FOR YEARS THAT WE DON'T HAVE INTERNET SERVICE IN

                    SOME OF OUR RURAL AREAS.  PERFECT EXAMPLE, THOSE MEMBERS THAT HAVE

                    GONE ON MY FARM TOUR, THE BIGGEST COMPLAINT I HAVE IS WHEN WE GO INTO

                                         106



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    RURAL UPSTATE, NEW YORK THEY CAN'T CHECK THEIR E-MAILS BECAUSE THERE'S

                    AREAS WHERE THERE'S NO SERVICE.

                                 MR. ZEBROWSKI:  TOTALLY -- TOTALLY AGREE IT'S AN

                    IMPORTANT ISSUE THAT WE NEED TO CONTINUE TO MAKE PROGRESS ON, BUT IN

                    THOSE MUNICIPALITIES, DOES THE MAYOR OR SUPERVISOR HAVE E-MAIL?

                                 MR. TAGUE:  WHAT'S THAT?  I'M SORRY.

                                 MR. ZEBROWSKI:  DOES THE MAYOR OR SUPERVISOR

                    HAVE E-MAIL?

                                 MR. TAGUE:  THEY PROBABLY HAVE IT AT THEIR HOME.

                                 MR. ZEBROWSKI:  ALL RIGHT.  SO SOMEWHERE IN THE

                    AREA --

                                 MR. TAGUE:  BUT WE CAN'T -- WE'RE NOT GOING TO

                    MANDATE THEM TO DO THE BUSINESS OF THE TOWN OR THE VILLAGE FROM THEIR

                    HOME COMPUTER, RIGHT?

                                 MR. ZEBROWSKI:  NO, BUT MY POINT IS THERE IS

                    SOME INTERNET CAPACITY FOR THESE FOLKS, RIGHT?

                                 MR. TAGUE:  I CAN'T -- I CAN'T SPEAK TO EVERYONE, BUT

                    I'M TELLING YOU THAT I KNOW THAT THERE ARE AREAS WITHIN MY DISTRICT AND

                    THESE MUNICIPALITIES DO NOT HAVE INTERNET SERVICE.

                                 MR. ZEBROWSKI:  AND THERE ARE NEW PRODUCTS THAT

                    ARE COMING OUT ALL THE TIME, YOU KNOW, SATELLITE-RELATED INTERNET; IT

                    DOESN'T HAVE TO BE BROADBAND.

                                 MR. TAGUE:  THOSE SATELLITE INTERNET -- THOSE

                    SATELLITE INTERNET THINGS DO NOT WORK, AND SECONDLY, AGAIN, THIS IS A

                    FINANCIAL MANDATE ON VILLAGES, TOWNS.  WE'RE ALREADY THE MOST

                                         107



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    UNAFFORDABLE STATE IN THE COUNTRY AND WE'RE GOING TO PUT MORE OF A

                    BURDEN ON THESE SMALL TOWNS AND VILLAGES, ESPECIALLY IN UPSTATE NEW

                    YORK.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. TAGUE:  THANK YOU VERY MUCH, AND THANK YOU,

                    MR. ZEBROWSKI, IT'S ALWAYS AN HONOR AND PLEASURE TALKING WITH YOU.

                    AGAIN, WE PUT THE CART BEFORE THE HORSE.  LET'S MAKE SURE THAT WE GOT

                    SERVICE COMPLETELY AROUND -- FULLY AROUND NEW YORK STATE BEFORE WE

                    MANDATE THIS ON OUR SMALL, ESPECIALLY RURAL UPSTATE VILLAGES AND TOWNS

                    AND COMMUNITIES.  I'LL BE VOTING NO FOR THOSE REASONS.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GALLAHAN.

                                 MR. GALLAHAN:  THANK YOU, MR. SPEAKER.  WILL

                    THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI, WILL

                    YOU YIELD?

                                 MR. ZEBROWSKI:  YES.

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI

                    YIELDS.

                                 MR. GALLAHAN:  THANK YOU.  LIKE MY COLLEAGUE

                    STATED EARLIER, I HAVE A LONG TENURE AS A TOWN SUPERVISOR, AND DURING

                    THAT TENURE, MYSELF AND TWO OTHER EMPLOYEES CREATED OUR WEBSITE, AND

                    IT'S A.ORG WEBSITE.  IT'S A FINE WEBSITE, IT WORKS GREAT.  AND IN OUR

                    WISDOM TO SAVE MONEY, WE SAID, HEY, IF WE CONTRACT WITH YOU FOR

                    THREE YEARS VERSUS ONE YEAR, CAN WE GET A BREAK?  ABSOLUTELY, SO WE

                                         108



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    DID.  SO NOW WE HAVE A.ORG WEBSITE THAT'S PAID FOR FOR THREE YEARS.

                    YOUR BILL TAKES EFFECT 180 DAYS AFTER THE GOVERNOR SIGNS IT.  WHAT DO

                    WE DO WITH THE REST OF THAT CONTRACT?

                                 MR. ZEBROWSKI:  YOU -- YOU SET IT UP SO THAT IT

                    REDIRECTS YOUR CONSTITUENTS TO.GOV AND THEN THEY CAN BE -- THEY CAN

                    HAVE THE BENEFIT OF BEING MORE PROTECTED AT.GOV.

                                 MR. GALLAHAN:  PERFECT.  OKAY, EXAMPLE -- THAT'S

                    PERFECT, YOU LED ME RIGHT INTO MY NEXT QUESTION.  SO THE SECOND THING

                    WE DID WAS WE PROTECTED THE TOWN AGAINST HACKERS AND FRAUD WITH AN

                    INSURANCE POLICY THROUGH.ORG.  OUR INSURANCE POLICY IS PART OF OUR --

                    OUR BLANKET FOR THE TOWN.  THE ILLUSTRIOUS GOVERNMENT WEBSITE THAT

                    WE'RE GOING TO NOW, I'M PRESUMING FROM WHAT YOU'RE TELLING ME HAS

                    GREATER SECURITY.  HOW'S THAT GOING TO AFFECT THE INSURANCE POLICY THE

                    TOWNS, COUNTIES AND VILLAGES TAKE OUT TO PROTECT THEMSELVES?  I WOULD

                    ASSUME IT WOULD BECOME -- BECOME MAYBE NON-EXISTENT?

                                 MR. ZEBROWSKI:  YOU TOOK OUT AN INSURANCE

                    POLICY JUST FOR YOUR WEBSITE, OR IS THAT IN SOME SORT OF UMBRELLA CLAUSE?

                                 MR. GALLAHAN:  IT'S A RIDER ON OUR INSURANCE

                    POLICY THAT PROTECTS US AGAINST HACKERS.

                                 MR. ZEBROWSKI:  ALRIGHT.

                                 MR. GALLAHAN:  YES.

                                 MR. ZEBROWSKI:  WELL, THIS SHOULD -- MAYBE YOU

                    SHOULD CALL THEM UP AND THIS COULD LOWER YOUR PREMIUM.  I MEAN, THAT'S

                    LIKE SAYING, YOU KNOW, IF YOU MAKE YOUR PROPERTY MORE SAFE DOES IT

                    VIOLATE YOUR INSURANCE POLICY?  NO, CALL THEM UP, MAYBE THEY'LL MAKE

                                         109



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    IT CHEAPER.

                                 MR. GALLAHAN:  IS THERE SOMEWHERE THAT I COULD

                    REACH OUT AND FIND THE STATEMENT CORRECT THAT YOU MADE THAT THIS.GOV

                    WEBSITE IS THAT MUCH MORE SECURE THAN A.ORG OR A.COM SO THAT I CAN

                    TAKE THAT TO MY TOWNS AND VILLAGES?

                                 MR. ZEBROWSKI:  IF YOU GIVE ME YOUR CELL PHONE

                    NUMBER I'LL -- I'LL TEXT YOU.  IF YOU GIVE ME CELL PHONE, I'LL TEXT YOU THE

                    U.S. GOVERNMENT WEBSITE THAT EXPLAINS THE ADDED LEVELS OF SECURITY.

                                 MR. GALLAHAN:  I'D LIKE TO HAVE THAT, BUT I DON'T

                    BELIEVE YOU HAVE MY CELL PHONE NUMBER, YOU'LL HAVE TO E-MAIL THAT TO

                    ME, I DON'T BELIEVE YOU CAN TEXT ME THAT.

                                 (LAUGHTER)

                                 MR. ZEBROWSKI:  I'M SORRY, I MISSED THAT.  WHAT?

                                 MR. GALLAHAN:  I SAID YOU'LL HAVE TO E-MAIL THAT

                    TO ME, YOU DON'T HAVE MY -- WE DIDN'T -- WE'VE NEVER GIVEN EACH OTHER

                    OUR CELL PHONE NUMBERS, SO YOU'LL HAVE TO -- YOU'LL HAVE TO E-MAIL THAT

                    TO ME.

                                 MR. ZEBROWSKI:  I PROMISE YOU I DON'T PRANK CALL

                    ANYBODY.

                                 (LAUGHTER)

                                 MR. GALLAHAN:  RESTRICTED, I'M SURE.

                                 MR. ZEBROWSKI:  ALL RIGHT.  AFTER THE DEBATE, I'M

                    HAPPY TO SHARE WITH YOU THE WEBSITE.

                                 MR. GALLAHAN:  OKAY, THANK YOU VERY MUCH,

                    BECAUSE I WOULD ASSUME THAT ALL THESE MUNICIPALITIES ARE PAYING FOR

                                         110



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    THESE -- THESE INSURANCE POLICIES.  THEY SHOULD BE -- THEY SHOULD BE

                    LOWERED.

                                 MR. -- MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GALLAHAN:  AS A TOWN SUPERVISOR, WE

                    CONSTRUCTED, I WAS ALSO A LEGISLATOR FOR THE COUNTY OF ONTARIO, WHEN WE

                    DID OUR BUDGETS, WE WERE IN CHARGE ABOUT 92 PERCENT -- I'M SORRY,

                    ABOUT 8 PERCENT OF THE BUDGET; 92 PERCENT ARE MANDATES, AND A BIG PART

                    OF THOSE ARE UNFUNDED MANDATES AND THIS JUST PILES ON, AGAIN, TO THE

                    TOWNS AND VILLAGES THAT HAVE TO SWITCH OVER, THAT HAVE PAID THE THREE

                    YEARS, SUCH AS THE TOWN THAT I WAS INVOLVED IN, ANOTHER UNFUNDED

                    MANDATE AND FOR THAT REASON, MR. SPEAKER, UNFUNDED MANDATES IS THE

                    REASON I CANNOT SUPPORT THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 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, MR. SPEAKER.  THE

                    REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS MANDATE, BUT

                    SOME OF MY COLLEAGUES MAY WANT TO SUPPORT IT BY VOTING YES ON THE

                    FLOOR.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MS. SOLAGES.

                                         111



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MS. SOLAGES:  THE MAJORITY CONFERENCE WILL BE

                    VOTING IN THE AFFIRMATIVE.  THOSE WHO WISH TO VOTE IN THE NEGATIVE CAN

                    DO SO NOW.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU BOTH.

                                 THE CLERK WILL RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. FLOOD TO EXPLAIN HIS VOTE.

                                 MR. FLOOD:  THANK YOU, MR. SPEAKER.  I'M NOT

                    GOING TO SIT UP HERE AND ACT LIKE I REALLY KNOW IT AND SECURITY AND ALL

                    THAT STUFF, I CAN JUST TELL YOU THAT IN MY DISTRICT I HAVE FIVE DIFFERENT

                    MUNICIPALITIES, VILLAGES, FOUR OF WHICH WOULD BE AFFECTED BY THIS

                    CHANGE.  I ALSO HAPPEN TO COME FROM SUFFOLK COUNTY WHERE A COUPLE

                    YEARS AGO, THERE WAS A MASSIVE BREACH, MASSIVE DATA TRANSFER, IT WAS

                    HACKED.  COST THE COUNTY MILLIONS OF DOLLARS, PUSHED SERVICES BACK BY

                    MONTHS, ALL THE WHILE HAVING A.GOV WEBSITE.  SO -- AND IT TOOK GOING

                    INTO PRIVATE OUTSIDE COMPANIES TO FULLY SECURE THIS.  SO I'M NOT

                    DOUBTING THAT MAYBE THE.GOV IS MORE SECURE THAN MAYBE A.COM;

                    HOWEVER, WHEN YOU HAVE SOPHISTICATED HACKERS LIKE WE SAW DOWN BY

                    MY COUNTY, THAT REALLY DOESN'T MATTER MUCH.  I THINK THIS IS GOING TO BE

                    AN UNNECESSARY BURDEN ON LOCAL GOVERNMENTS, ESPECIALLY AS SOME OF

                    MY COLLEAGUES SAID, AT A TIME WHERE VILLAGES, PEOPLE IN GENERAL ARE

                    SCRAMBLING FOR MONEY, SO I VOTE IN THE NEGATIVE.  I, YOU KNOW,

                    ENCOURAGE MY COLLEAGUES TO DO THE SAME.

                                 ACTING SPEAKER AUBRY:  MR. FLOOD IN THE

                    NEGATIVE.

                                         112



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER, JUST BRIEFLY

                    TO EXPLAIN MY VOTE.  I THINK -- I THINK THAT THIS DEBATE HAS REALLY SHOWN

                    WHAT WE TALK ABOUT ALL THE TIME HERE WHICH IS THAT

                    ONE-SIZE-DOESN'T-FIT-ALL WHEN WE'RE TALKING ABOUT OUR COMMUNITIES.  IF

                    WE'RE TALKING ABOUT REALLY LARGE TOWNS THAT HAVE FULL STAFFS, OR IF WE'RE

                    TALKING ABOUT A TOWN LIKE THE ONE THAT I'M TOWN ATTORNEY FOR A TOWN THAT

                    IS ON SACANDAGA LAKE UP IN SARATOGA COUNTY THAT'S GOT ABOUT, GIVE OR

                    TAKE, 1,300 PEOPLE FULL-TIME RESIDENTS THERE.  THAT TOWN DECIDED THAT

                    THEIR WEBSITE WAS NOT REALLY ADEQUATE AND NOT REALLY UP-TO-DATE SO THEY

                    TOOK A BIG STEP THIS YEAR, END OF LAST YEAR, THIS YEAR, AND APPROPRIATED

                    FUNDS TO HIRE AN OUTSIDE FIRM TO COME IN AND RE -- YOU KNOW, REDO THEIR

                    WEBSITE AND BRING IT UP-TO-DATE, AND THEY'RE -- THEY'RE NOT GOING TO BE

                    REAL HAPPY TO LEARN THAT THE PLATFORM THAT THEY CHOSE WAS A.COM.  SO

                    THEY ALSO ARE HAVING A REALLY HARD TIME BECAUSE THEY DON'T REALLY HAVE

                    PEOPLE ON STAFF, THEY'RE TOO SMALL TO HAVE THEIR OWN IT DEPARTMENT AND

                    SO THE TOWN CLERK BASICALLY HAS TO FIGURE OUT HOW SHE'S GOING TO BE ABLE

                    TO GET INTO THIS, SHE'S HAVING A HARD TIME WITH IT, TO GO INTO THE EXISTING

                    PLATFORM AND UPDATE IT WITH MINUTES AND THINGS LIKE THAT, SO IT'S A

                    LEARNING CURVE.  YOU KNOW, SOME OF THESE SMALLER TOWNS, IT'S JUST -- IT'S

                    DIFFICULT.  SO IDEAS FOR AMENDMENT WOULD BE TO MAKE THIS APPLY TO

                    TOWNS OF A CERTAIN SIZE THRESHOLD, ELIMINATE THE.GOV REQUIREMENT,

                    PROVIDE AN OPT-OUT.  I THINK, YOU KNOW, THE IDEA OF HAVING

                    MUNICIPALITIES, EVEN SMALL ONES, HAVE AN ONLINE PLATFORM THAT -- THAT

                    PEOPLE WHO DON'T LIVE ON THE LAKE, WHO MAYBE LIVE -- JUST COME IN FOR

                                         113



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    THE SUMMER, MAYBE THEY NEED TO GET INFORMATION AND THEY DO HAVE THE

                    ABILITY TO ACCESS IT.  YOU KNOW, I COULD SEE THE UTILITY OF A BILL LIKE THIS

                    BUT I JUST THINK IN ITS CURRENT FORM I CAN'T SUPPORT IT SO I'LL BE VOTING IN

                    THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. WALSH IN THE

                    NEGATIVE.

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU, SIR, AND THANK YOU FOR

                    THE SPIRITED DEBATE ON BOTH SIDES OF THE AISLE.  I APPRECIATE THE

                    COMMENTS FROM BOTH MY COLLEAGUE TO MY RIGHT AND WHO'S ACTUALLY TO

                    THE LEFT OF ME, AND MY COLLEAGUES ON THE LEFT WHO ARE ACTUALLY MORE ON

                    THE POLITICAL RIGHT OF ME.  IT'S ONLY APPROPRIATE ON THE FLOOR OF THE

                    ASSEMBLY THAT EVERYTHING'S BACKWARDS.  BUT JUST FOR FUN I LOOKED,

                    CHAUTAUQUA COUNTY IS.COM, CATTARAGUS COUNTY IS.ORG, WYOMING

                    COUNTY,.  NET, GENESSEE COUNTY,.  NY.US, AND THE GREAT THING ABOUT

                    HAVING DIFFERENT SYSTEMS, IS THEY CAN'T ALL BE HACKED AT THE SAME TIME.

                    SO IN ANY GIVEN TIME, LESS THAN 20 PERCENT OF OUR MUNICIPALITIES WILL

                    LIKELY GO DOWN.

                                 ANYWAY, AGAIN, MY THANKS TO MY COLLEAGUES.  I'M

                    VOTING NO BECAUSE I THINK WE OUGHT TO LEAVE IT UP TO THE LOCAL ELECTED

                    OFFICIALS WHO ARE ELECTED TO MAKE THE BEST DECISION FOR THEIR

                    MUNICIPALITY.  AND I WAS NOT ELECTED AS THE ELECTED OFFICIAL FOR ANY ONE

                    OF THE SEVEN VILLAGES IN MY TOWN, I HAVE LESS THEN 1,000 RESIDENTS, GOD

                    BLESS THEM, I THINK THEIR JOB IS HARDER THAN MINE.  BUT LET'S RESPECT OUR

                    LOCAL OFFICIALS, THEY'RE THE ONES THAT WERE ELECTED TO MAKE THESE KIND OF

                                         114



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    DECISIONS, NOT US.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL IN THE

                    NEGATIVE.

                                 AND, MR. GOODELL, YOU'RE ON THE RIGHT-HAND SIDE FOR

                    ME.

                                 (LAUGHTER)

                                 MR. GOODELL:  AS WELL AS SHOULD BE, SIR.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  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, MEMBERS

                    HAVE ON THEIR DESK AN A-CALENDAR.  I'D LIKE TO MOVE TO ADVANCE THAT

                    A-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON MRS.

                    PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

                                 MRS. PEOPLES-STOKES.

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

                    DO YOU HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  PAGE 3, RESOLUTIONS,

                    THE CLERK WILL READ.

                                 MAIN CALENDAR, PAGE 3, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 2277, RULES

                                         115



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    AT THE REQUEST OF MS. RAJKUMAR.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM MAY 28, 2024, AS NEPALI-AMERICAN

                    HERITAGE 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. 2278, RULES

                    AT THE REQUEST OF MS. ROSENTHAL.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM MAY 28, 2024, AS MENSTRUAL HYGIENE 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. 2279, RULES

                    AT THE REQUEST OF MS. SOLAGES.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM MAY 31, 2024, AS SAVE YOUR HEARING DAY

                    IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 2280, RULES

                    AT THE REQUEST OF MS. SILLITTI.

                                         116



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM MAY 2024, AS CELIAC DISEASE 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. 2281, RULES

                    AT THE REQUEST OF MR. ZEBROWSKI.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM MAY 2024, AS HEPATITIS C 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. 2282, RULES

                    AT THE REQUEST OF MS SOLAGES.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM JULY 2024, AS PLASTIC FREE 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. 2283, RULES

                    AT THE REQUEST OF MR. CUNNINGHAM.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                                         117



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    KATHY HOCHUL TO PROCLAIM AUGUST 31, 2024, AS TRINIDAD AND TOBAGO

                    FLAG 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. 2284, RULES

                    AT THE REQUEST OF MR. HEVESI.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM SEPTEMBER 7, 2024, AS DUCHENNE MUSCULAR

                    DYSTROPHY AWARENESS 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. 2285, RULES

                    AT THE REQUEST OF MR. SLATER.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM OCTOBER 6-12, 2024, AS PHYSICIAN ASSISTANT

                    WEEK IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 2286, RULES

                    AT THE REQUEST OF MS. WALLACE.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM NOVEMBER 2024, AS VETERANS AND MILITARY

                                         118



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    FAMILIES 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.

                                 WE DO HAVE SOME HOUSEKEEPING.

                                 ON A MOTION BY MS. PAULIN, PAGE 28, CALENDAR NO.

                    198, BILL NO. A07085, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON BEHALF OF MR. LAVINE, BILL NO. A09166-A, THE

                    CLERK WILL READ THE TITLE OF THE 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.

                                 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 BILL IS LAID ASIDE.

                                 RESOLUTION NO. 2296, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 2296, MS.

                    GONZÁLEZ-ROJAS.

                                 LEGISLATIVE RESOLUTION MOURNING THE DEATH OF CECILIA

                    GENTILI, SUCCESSFUL ADVOCATE, TALENTED ACTRESS, AND CHERISHED

                    COMMUNITY LEADER.

                                 ACTING SPEAKER AUBRY:  MS. GONZÁLEZ-ROJAS

                                         119



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    ON THE RESOLUTION.

                                 MS. GONZÁLEZ-ROJAS:  THANK YOU, MR. SPEAKER.

                    ALMOST FOUR MONTHS AGO, WE LOST A GIANT AND A LEADER IN THE LQBTQ

                    RIGHTS MOVEMENT, AND SPECIFICALLY ON THE TRANS-RIGHTS MOVEMENT.

                    CECILIA GENTILI WAS A PARTNER, A MOTHER TO MANY, A SISTER, A DEAR FRIEND,

                    A MENTOR, AND SO MUCH MORE.  ON TUESDAY, FEBRUARY 6TH, CECILIA

                    TRANSITIONED FROM THIS LIFE.  CECILIA WAS ONLY 52, AND SHE IMMIGRATED TO

                    NEW YORK FROM ARGENTINA.  SHE HAD A NUMBER OF REMARKABLE

                    ACHIEVEMENTS AS AN ARTIST AND AN ACTRESS, INCLUDING ON THE SHOW, HOES?

                    SHE WAS ALSO A GIFTED ADVOCATE WHO CAPTURED THE HEARTS AND MINDS OF

                    PEOPLE, ELECTED OFFICIALS AND LEADERS EVERYWHERE SHE WENT.  AFTER

                    WORKING AT APICHA COMMUNITY HEALTH CENTER, SHE WAS HIRED AS

                    DIRECTOR OF POLICY AT GMHC, AND LATER BECAME THE SENIOR DIRECTOR OF

                    POLICY.  BUT TO HER GIRLS AND HER FRIENDS, SHE WAS A TRANS-LATINA OLIVIA

                    POPE.  SHE WALKED UP AND DOWN THE HALLS OF OUR STATE CAPITOL AND

                    HELPED US PASS THE GENDER EXPRESSION NONDISCRIMINATION ACT, AND TO

                    REPEAL THE SO-CALLED WALKING WHILE TRANS BAN.  AS A SURVIVOR OF

                    HUMAN TRAFFICKING, SHE ALSO HELPED PASS LEGISLATION THAT PROVIDED RELIEF

                    TO HUMAN TRAFFICKING VICTIMS, WHICH VACATED THEIR OFFENSES.  SHE WAS

                    ALSO A COFOUNDER OF THE DECRIM NY COALITION, WHICH IS WORKING TO

                    PASS TO STOP VIOLENCE IN THE SEX TRADES ACT, WHICH I PROUDLY SUPPORT.

                                 I CAN GO ON AND ON ABOUT CECILIA'S VICTORIES AND

                    TRIUMPHS, AND THERE ARE SO MANY.  WHILE SHE DESERVES ALL HER FLOWERS,

                    WHAT REALLY MADE CECILIA THE LEADER SHE WAS IS THE WAY SHE MADE

                    PEOPLE FEEL.  SHE WAS FUNNY, AUTHENTIC, KIND, AND INSPIRING AND GAVE US

                                         120



                     NYS ASSEMBLY                                                       MAY 28, 2024

                    HOPE EVERY TIME SHE WAS IN THE ROOM.  SHE WAS ALSO DEEPLY HUMBLED

                    DESPITE HER MANY, MANY RECOGNITIONS.  SHE WAS GRATEFUL SHE LIVED PAST

                    THE AVERAGE AGE OF A TRANSGENDER WOMAN OF COLOR, WHICH IS STILL IN THE

                    EARLY 20S.  BUT THE TRUTH IS THAT CECILIA'S LOVE AND HER LIGHT ARE

                    IMMORTAL AND WILL STAY WITH US ALWAYS, AND THESE HALLS WERE LUCKY TO

                    HAVE SUCH AN AMAZING AND BEAUTIFUL SOUL COME TO FIGHT FOR TRUTH AND

                    JUSTICE.

                                 AS A LEGISLATOR, I BENEFITTED FROM LISTENING TO AND

                    WITNESSING CECILIA'S LEADERSHIP AND DEDICATION, AND I'M PROUD TO HAVE

                    CONSIDERED HER A FRIEND AND A SISTER IN THIS WORK.  AND TODAY WITH ME IS

                    PETER, CECILIA'S PARTNER AND HER FRIEND.  A NUMBER OF CEREMONIES HAVE

                    BEEN ORGANIZED IN HONOR OF THIS BEAUTIFUL ANGEL, AND WE WANT TO MAKE

                    SURE WE DID SO HERE IN THE STATE CAPITOL, WHICH SHE HELPED CHANGE AND

                    TRANSFORM.  PETER JOINED US RECENTLY AS WELL IN THE CAPITOL FOR LOBBY

                    DAY IN HONOR OF CECILIA AND TO MAKE OUR STATE SAFER FOR SEX WORKERS

                    WHO ARE CRIMINALIZED BY OUR UNJUST CARCERAL SYSTEM.

                                 THANK YOU SO MUCH TO YOU BOTH FOR BEING HERE AND

                    FOR SUPPORTING CECILIA AND LIFTING HER UP AS SHE FOUGHT FOR SO MANY OF

                    US.  AS CECILIA WOULD WANT, WE WILL KEEP FIGHTING, KEEP ADVOCATING,

                    AND DO SO WITH THE JOY THAT SHE GAVE TO SO MANY.  MAY SHE REST IN TRANS

                    POWER ALWAYS AND FOREVER.  THANK YOU SO MUCH.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    ADOPTED.

                                 (APPLAUSE)

                                         121



                     NYS ASSEMBLY                                                       MAY 28, 2024

                                 WE DO HAVE NUMEROUS OTHER FINE RESOLUTIONS, MRS.

                    PEOPLES-STOKES, 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. 2287-2296

                    WERE UNANIMOUSLY APPROVED.)

                                 MRS. PEOPLES-STOKES.

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

                    MOVE THAT THE ASSEMBLY STAND ADJOURNED AND THAT WE RECONVENE AT

                    10:00 A.M., 10:00 A.M., WEDNESDAY, MAY THE 29TH, WEDNESDAY BEING A

                    SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                 (WHEREUPON, AT 5:04 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL WEDNESDAY, MAY 29TH AT 10:00 A.M., WEDNESDAY

                    BEING A SESSION DAY.)



















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