TUESDAY, JUNE 4, 2024 10:57 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN 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, JUNE THE 3RD.

MRS. PEOPLES-STOKES.

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

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

NYS ASSEMBLY JUNE 4, 2024

3RD AND THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR.

COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBERS, I WOULD LIKE TO SHARE

A QUOTE. THIS ONE COMES FROM MATTIE JONES. MATTIE IS A CIVIL RIGHTS

LEADER FROM LOUISVILLE, KENTUCKY, AND SHE RECENTLY TURNED 91 YEARS

OLD. HER WORDS FOR US TODAY IS, I'VE GOT TO FIGHT UNTIL I LEAVE HERE, AND

I HOPE TO LEAVE SOME FOOTPRINTS. AGAIN, THE WORDS FROM MATTIE JONES.

MR. SPEAKER, MEMBERS HAVE ON THEIR DESK A MAIN

CALENDAR AND A DEBATE LIST. AFTER YOU'VE DONE ANY HOUSEKEEPING OR

INTRODUCTIONS, WE'RE GOING TAKE UP THE FOLLOWING BILLS ON CONSENT:

RULES REPORT NO. 242 BY MS. BUTTENSCHON, CALENDAR NO. 416 BY MR.

MCDONALD, AND CALENDAR NO. 434 BY MR. BURDICK. WE WILL THEN

CONTINUE TO CONSENT WHERE WE LEFT OFF ON THE MAIN CALENDAR ON

YESTERDAY, BEGINNING WITH RULES REPORT NO. 350, FOLLOW RIGHT THE WAY

STRAIGHT THROUGH TO RULES REPORT NO. 385. AFTER THAT, WE ARE GOING TO

BEGIN WITH THE DEBATE LIST; RULES REPORT NO. 75 BY MS. LEE, CALENDAR

NO. 336 BY MS. TAPIA, AND CALENDAR NO. 356 BY MR. MAGNARELLI.

LATER TODAY, WE WILL BE CALLING FOR THE FOLLOWING COMMITTEES TO MEET

OFF THE FLOOR, WAYS AND MEANS AND RULES. THESE COMMITTEES ARE

GONNA PRODUCE AN A-CALENDAR, OF WHICH IT IS OUR PLAN TO TAKE UP TODAY.

I WILL ANNOUNCE FURTHER FLOOR ACTIVITY SHOULD IT BE NECESSARY, MR.

SPEAKER, OR IF THERE'S GONNA BE A NEED FOR CONFERENCE.

NYS ASSEMBLY JUNE 4, 2024

COLLEAGUES, WE HAVE ANOTHER VERY LONG DAY AHEAD OF

US. I KNOW EVERYBODY HAS SOMETHING THEY'D LIKE TO SEE GET DONE, SO IT'S

IMPORTANT THAT WE ALL HANG IN AND AROUND THE CAPITOL SO WE CAN MAKE

SURE THAT WE ARE SATISFYING THE NEEDS. YOUR COOPERATION IS APPRECIATED

AND CONTINUE TO BE EXPECTED.

THAT'S A GENERAL OUTLINE, MR. SPEAKER, OF WHERE WE'RE

GOING TODAY. IF YOU HAVE ANY HOUSEKEEPING OR INTRODUCTIONS, NOW

WOULD BE A GREAT TIME. THANK YOU, SIR.

ACTING SPEAKER AUBRY: NO -- NO

HOUSEKEEPING THIS MORNING, BUT WE DO HAVE INTRODUCTIONS. FIRST BY

MS. LEVENBERG.

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

TO INTRODUCE SOME OF MY FRIENDS FROM THE PEEKSKILL CITY SCHOOL

DISTRICT. LATER ON THIS AFTERNOON/EVENING/NIGHT, WE WILL BE TAKING UP A

RESOLUTION TO RECOGNIZE THE CENTENNIAL, THE 100TH ANNIVERSARY OF THE

PEEKSKILL CITY SCHOOL DISTRICT, WHICH WAS FOUNDED IN 1923 FROM THE

MERGER OF TWO SCHOOL DISTRICTS. AND BECAUSE THEY ARE NOT GONNA BE

ABLE TO PROBABLY BE HERE FOR THOSE RESOLUTIONS, I WOULD LIKE TO

INTRODUCE TWO STUDENTS FROM THE PEEKSKILL CITY SCHOOL DISTRICT, LENITA

ESTEVES AND JAY WILSON. AND ALSO CHAPERONES WITH THEM TODAY ARE

THEIR TEACHING ASSISTANT AND ADVISOR YOLANDA GUARDINO; MR. JOSH

FERNANDEZ, THE SCHOOL COUNSELOR; AND MS. LAURA BELFIORE, THE

COMMUNICATIONS DIRECTOR. LAURA IS ALSO JOINED BY HER DAUGHTER,

LIBERTY DICKMAN, AND BOTH LAURA AND MS. DICKMAN ARE CONSTITUENTS

OF ASSEMBLYMEMBER BEEPHAN, SO I ALSO WELCOME THEM HERE TODAY ON

NYS ASSEMBLY JUNE 4, 2024

BEHALF OF MY COLLEAGUE, MR. BEEPHAN.

AND I'M JUST VERY EXCITED TO BE WELCOMING THEM TO

RECOGNIZE THE SCHOOL DISTRICT FOR ALL OF THE WONDERFUL THINGS THAT THEY

DO. IT'S A VERY DIVERSE DISTRICT AND THEY HAVE EVOLVED OVER THE MANY

YEARS TO ADAPT TO THEIR CHANGING NEEDS. THEY HAVE A WONDERFUL

ROBOTICS PROGRAM, A FANTASTIC PERFORMING ARTS PROGRAM, AS WELL AS A

SCIENCE -- SCIENCE PROGRAM, AND THEY HAVE WELCOMED ALL OF THEIR

DIVERSE STUDENTS WITH OPEN ARMS, AND I CONTINUE TO BE SO VERY PROUD

THAT THEY ARE PART OF MY DISTRICT.

SO, WELCOME, AND IF YOU COULD PLEASE EXTEND TO THEM

THE CORDIALITIES OF THE PEOPLE'S HOUSE, I WOULD GREATLY APPRECIATE IT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON YOUR CENTENNIAL FOR

BOTH STUDENTS AND ADVISORS. I HOPE YOU WILL ENJOY THIS TIME HERE IN

ALBANY. THANK YOU FOR BEING HERE.

(APPLAUSE)

MR. BARCLAY FOR THE PURPOSES OF A INTRODUCTION.

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

ALLOWING ME TO INTERRUPT THE -- THE PROCEEDINGS. AS THE MEMBERS OF

THIS SIDE OF THE AISLE KNOW, I'VE BEEN BLESSED WITH A TREMENDOUS STAFF

AND THE PERSON ON TOP OF THAT STAFF IS MY CHIEF-OF-STAFF, JUDY SKYPE,

AND SHE'S A LOT OF THE REASON WHY I HAVE SUCH GREAT PEOPLE TO WORK

WITH. AND AFTER 31 YEARS -- I'M GOING TO TRY -- JUDY HAS TOLD ME THAT

NYS ASSEMBLY JUNE 4, 2024

SHE'S GONNA RETIRE. AND AFTER I STOPPED CRYING AFTER SHE TOLD ME THAT, I

LOOKED BACK AND TOOK SOME TIME TO REFLECT ON JUDY'S CAREER HERE IN THE

ASSEMBLY. AND SHE'S REALLY DONE IT. IF I HAD TO SAY - I SAID TODAY AT A

BREAKFAST HONORING JUDY - IF I HAD ONE WORD TO DESCRIBE JUDY, I WOULD

SAY A PROFESSIONAL. SHE'S A TRUE PROFESSIONAL. AND I LOOK BACK, THE

TREMENDOUS JOB SHE'S DONE, THE TREMENDOUS JOB SHE'S DONE FOR ME,

SHE'S DONE FOR OUR CONFERENCE, BUT I WOULD SAY FOR THE ASSEMBLY AS A

WHOLE.

OF COURSE, BEHIND EVERY GREAT WOMAN THERE'S A GREAT

SPOUSE AND A GREAT FAMILY, AND JUDY'S BLESSED WITH A WONDERFUL FAMILY

AND, MR. SPEAKER, I WOULD LIKE TO INTRODUCE THAT FAMILY HERE TODAY.

WE HAVE HER HUSBAND KEVIN, HERE; AND WE HAVE KODY, HER SON; AND

JENNA, HER DAUGHTER. IF YOU COULD PLEASE GIVE THEM THE COURTESY OF THE

HOUSE, IT WOULD BE MUCH APPRECIATED. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BARCLAY, THE SPEAKER AND ALL THE MEMBERS, JUDY, SO MUCH A

PLEASURE TO HAVE SERVED WITH YOU, BLESSINGS THAT YOU'VE PROVIDED US.

YOU HAVE THE PRIVILEGES OF THE HOUSE BECAUSE OF YOUR LONGSTANDING

COMMITMENT TO THIS HOUSE. AND TO YOUR FAMILY, THANK YOU FOR SHARING

US WITH YOU AND THIS -- THIS EXPERIENCE. I'M SURE SHE'S HAD TO GIVE UP

MANY A MOMENTS AT HOME TO TAKE CARE OF US AS WE MOVE THROUGH THE

LEGISLATIVE PERIOD. THANK YOU AGAIN, KNOW THAT YOU ARE ALWAYS WITH

US, WE WILL ALWAYS HAVE YOU IN OUR PRAYERS. THANK YOU.

(APPLAUSE)

MR. RAGA FOR THE PURPOSES OF A INTRODUCTION.

NYS ASSEMBLY JUNE 4, 2024

MR. RAGA: THANK YOU, MR. SPEAKER. TODAY WE

HAVE SOME DISTINGUISHED GUESTS HERE IN THE CHAMBER. TODAY WE

CELEBRATE PHILIPPINE INDEPENDENCE DAY, WHERE IN 1898 AFTER 333 YEARS

OF COLONIAL RULE FROM SPAIN, THE PHILIPPINES DECLARED INDEPENDENCE.

AND TODAY, NOT JUST ARE WE JOINED BY COMMUNITY LEADERS IN MY DISTRICT

IN WOODSIDE, ELMHURST AND JACKSON HEIGHTS, BUT ACROSS THE STATE, ARE

ALSO BLESSED WITH AN INTERNATIONAL DELEGATION HERE TODAY. I'D LIKE TO

INTRODUCE -- OR HEADED BY OUR -- THE PHILIPPINE CONSUL GENERAL, SENEN

MANGALILE; RETIRED AMBASSADOR MARIO DE LEON, JR.; BOARD MEMBER

ROBERT DE LARA; MAYOR ERIC ANOSA (PHONETIC); MAYOR MARALUNA

ABRIGAR (PHONETIC); MAYOR DENATO CHAN (PHONETIC); VICE MAYOR PUALA

MAGALLANES (PHONETIC); VICE MAYOR SALVARON CLAVERIA (PHONETIC).

PLEASE, MR. SPEAKER, IF YOU CAN GIVE THEM ALL THE CORDIALITIES OF THE

FLOOR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

DELEGATION FROM THE PHILIPPINES, WELCOME. WE ARE SO PLEASED THAT

YOU'VE DECIDED TO JOIN US HERE TODAY AND SHARE THIS MOMENTOUS

OCCASION. TO GUESTS WHO ARE IN THE -- IN THE GALLERY ABOVE ME AND IN

THE BACK, THANK YOU FOR ALSO TAKING THE TIME TO COME AND CELEBRATE

WITH US THIS DAY, VERY IMPORTANT. SO HAPPY THAT YOU'RE HERE, HOPE THAT

THIS TRIP IS GOING TO BE MEMORABLE, AND YOU WILL KNOW THAT YOU ARE

ALWAYS WELCOME HERE. THANK YOU SO VERY MUCH.

(APPLAUSE)

NYS ASSEMBLY JUNE 4, 2024

MS. WALSH FOR THE PURPOSES OF A INTRODUCTION.

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

GOOD MORNING TO MY COLLEAGUES. IT'S WONDERFUL THAT WE HAVE OUR

VISITORS HERE, IT FEELS LIKE THERE'S A -- THERE'S AN INTERNATIONAL FLAVOR AND

A FEEL TO THE -- TO THE CHAMBER TODAY, WHICH IS AWESOME. I AM VERY

PROUD TO INTRODUCE TO ALL OF YOU TODAY JOINTLY WITH MY COLLEAGUE FROM

THE 118TH ASSEMBLY DISTRICT, ASSEMBLYMEMBER SMULLEN. WE WANT TO

CONGRATULATE THE BROADALBIN-PERTH HIGH SCHOOL ODYSSEY OF THE MIND

TEAM ON THEIR FIRST-PLACE FINISH AT THE ODYSSEY OF THE MIND WORLD

FINALS ON MAY 20TH-24TH AT IOWA STATE UNIVERSITY. TEAM MEMBERS

TODAY INCLUDE SENIORS LOGAN AERY, LAURYN DONAHUE, BLAINE HERRICK,

AND JACOB HUGHES; AS WELL AS JUNIOR RYAN MICHALSKI AND COACHES CARL

AND ALISON AERY.

ODYSSEY OF THE MIND, IF YOU DON'T KNOW, IS AN

INTERNATIONAL CREATIVE PROBLEM-SOLVING PROGRAM FOR STUDENTS OF ALL

AGES, PROMOTING TEAMWORK, INGENUITY, COLLABORATIVE COMMUNICATION

AND CRITICAL THINKING SKILLS, THE VERY SKILLS THAT WE'RE ALL TRYING TO APPLY

DURING OUR LEGISLATIVE SESSION. THESE STUDENTS ARE DEVELOPING A

COLLABORATIVE APPROACH AND A TEAM-BUILDING AND THINKING APPROACH.

THIS TEAM PLACED 1ST IN DIVISION III HIGH SCHOOL PROBLEM 2. THE

PROBLEM THIS YEAR WAS ENTITLED "AI TECH-NO-ART", WHICH CHALLENGED

TEAMS TO DESIGN, BUILD AND OPERATE A DEVICE THAT DETERMINES IF A WORK

OF ART IS BEAUTIFUL OR NOT. THE DEVICE NEEDED TO DISMANTLE A WORK OF ART

THAT IT DECIDED WAS NOT BEAUTIFUL TO CREATE A NEW WORK OF ART THAT IT

BELIEVES IS BEAUTIFUL. THE TEAM WAS ALSO ONE OF FOUR TEAMS AND THE

NYS ASSEMBLY JUNE 4, 2024

ONLY U.S. TEAM THIS YEAR AWARDED A COVETED RANATRA FUSCA AWARD FOR

EXCEPTIONAL CREATIVITY IN THEIR PROBLEM SOLUTION. THIS MARKS THE FOURTH

CONSECUTIVE TIME THAT THIS TEAM HAS BEEN TO WORLDS, AND THE TEAM IS

THE FIRST IN BROADALBIN-PERTH HISTORY TO WIN A WORLD CHAMPIONSHIP

COMPETITION.

SO, MR. SPEAKER, WOULD YOU PLEASE WELCOME THIS

FANTASTIC TEAM OF GREAT THINKERS AND PROBLEM SOLVERS TO OUR -- TO OUR

PEOPLE'S HOUSE?

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

THE FLOOR. AND IN MY EYES, YOU ARE A WORK OF ART AND A THING OF BEAUTY.

CONTINUE THAT GREAT WORK USING YOUR MIND TO SOLVE THE PROBLEMS THAT

YOU FACE, AND ULTIMATELY YOU WILL FACE AS ADULTS. CONTINUE THAT

DEVELOPMENT, CONTINUE THAT GROWTH. THANK YOU, ADVISORS, FOR HELPING

THESE YOUNG PEOPLE DO WHAT THEY'RE GONNA DO, AND KNOW THAT YOU'VE

MADE THE WORLD A BETTER PLACE. THANK YOU SO VERY MUCH.

(APPLAUSE)

LET'S GO TO PAGE 6 -- PAGE 16, RULES REPORT NO. 242,

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06146-B, RULES

REPORT NO. 242, BUTTENSCHON, SILLITTI, SLATER, BERGER, GUNTHER,

DICKENS, FLOOD, ANGELINO, DESTEFANO, SAYEGH, FALL, SANTABARBARA,

ZINERMAN, FAHY, EACHUS, WILLIAMS, DARLING, CRUZ, CONRAD, BEEPHAN,

WOERNER. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO THE

NYS ASSEMBLY JUNE 4, 2024

DISCLOSURE OF PUBLIC EMPLOYEE DISCIPLINARY RECORDS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 50, CALENDAR NO. 416, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09621-A, CALENDAR

NO. 416, MCDONALD, SIMON, FAHY, KELLES, MCMAHON. AN ACT TO

AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO REQUIRING AGENCIES TO

REPORT INFORMATION ABOUT FOIL INQUIRIES TO THE COMMITTEE ON OPEN

GOVERNMENT.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 50, CALENDAR NO. 434, THE CLERK WILL READ.

NYS ASSEMBLY JUNE 4, 2024

THE CLERK: ASSEMBLY NO. A09169-A, RULES --

CALENDAR NO. 434, BURDICK, RAGA, BICHOTTE HERMELYN. AN ACT TO

AMEND THE CORRECTION LAW, IN RELATION TO ESTABLISHING AN ANNUAL HEAT

MITIGATION PLAN; AND DIRECTING THE EXTREME HEAT ACTION PLAN WORK

GROUP OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ANALYZE

THE IMPACT OF EXTREME HEAT ON INCARCERATED INDIVIDUALS AND PEOPLE

WORKING IN PRISONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BURDICK TO EXPLAIN HIS VOTE.

MR. BURDICK: THANK YOU, MR. SPEAKER. I WISH TO

THANK THE SPEAKER FOR ALLOWING THIS BILL TO COME TO THE FLOOR. I ALSO

WISH TO THANK PROGRAM AND COUNSEL FOR THE TERRIFIC WORK THEY DID ON

THIS BILL WHICH WILL CODIFY PRACTICES OF THE DEPARTMENT OF CORRECTIONS

AND COMMUNITY SUPERVISION BY PROVIDING A STATUTORY FRAMEWORK FOR A

HEAT ACTION PLAN. AND THIS IS A BILL THAT WILL GREATLY ASSIST IN PROVIDING

SAFETY FOR ALL THAT ARE BEHIND THE -- THE WALLS OF OUR CORRECTIONAL

FACILITIES THROUGHOUT THE STATE, NOT JUST THOSE WHO ARE INCARCERATED, BUT

ALL OF THE STAFF. AND I'M VERY PLEASED THAT WE'RE MOVING THIS AHEAD. I

HONESTLY FEEL THAT THIS WILL SAVE LIVES AND WILL NOT SIMPLY PROVIDE FOR A

MORE COMFORTABLE PLACE FOR PEOPLE TO BE THERE, BUT WILL BE A SAFE PLACE

NYS ASSEMBLY JUNE 4, 2024

FOR ALL THOSE BEHIND THOSE -- THOSE WALLS.

THANK YOU VERY MUCH AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. AS YOU KNOW, A LOT

OF TIMES WHEN A BILL COMES UP BEFORE US, IT HAS A GREAT TITLE BUT THERE

ARE SOME CONCERNS ABOUT THE LANGUAGE. I WANTED TO COMMEND THE

SPONSOR BECAUSE HE LISTENED TO THOSE CONCERNS, TWEAKED THE BILL TO

ADDRESS THEM, AND I'M PLEASED TO SEE THAT THE BILL, AS A RESULT, HAS

UNANIMOUS SUPPORT.

SO, COMPLIMENTS TO MY COLLEAGUE FOR LISTENING TO THE

CONCERNS THAT WERE RAISED IN COMMITTEE AND TWEAKING THE BILL

LANGUAGE TO MAKE SURE THOSE WERE ADDRESSED. FOR THOSE REASONS, I'LL BE

SUPPORTING IT ALONG WITH ALL MY OTHER COLLEAGUES. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 22, CALENDAR -- RULES REPORT NO. 350, THE CLERK

WILL READ.

THE CLERK: ASSEMBLY NO. A09544-A, RULES

REPORT NO. 350, MCDONALD, BURDICK, SIMON, HEVESI, GLICK, WOERNER,

DESTEFANO, DAVILA, REYES, BURGOS, BENDETT, HYNDMAN. AN ACT TO

NYS ASSEMBLY JUNE 4, 2024

AMEND THE STATE FINANCE LAW, IN RELATION TO PREFERRED SOURCE STATUS FOR

ENTITIES THAT PROVIDE EMPLOYMENT AND SERVICES TO CERTAIN PERSONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09646, RULES REPORT

NO. 351, PHEFFER AMATO, COLTON, FALL, KIM, HYNDMAN, TAYLOR, RAGA,

WOERNER, SANTABARBARA. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF

THE CITY OF NEW YORK AND THE EDUCATION LAW, IN RELATION TO THE

TRANSFER OF BOARD OF EDUCATION EMPLOYEES TO THE TEACHERS' RETIREMENT

SYSTEM OF THE CITY OF NEW YORK.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, 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.

MR. GOODELL FOR THE PURPOSES OF A INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. IT'S MY GREAT HONOR AND PLEASURE TO INTRODUCE SEVERAL SPECIAL

GUESTS ON BEHALF OF ASSEMBLYMAN ED RA WHO ARE VISITING US. THESE

MEMBERS ARE FROM TROOP 1100, THE MINEOLA GIRL SCOUT TROOP.

NYS ASSEMBLY JUNE 4, 2024

THEY'RE VISITING ALBANY TODAY AND WATCHING OUR PROCEEDINGS AND

LOOKING FORWARD TO JOINING US WHEN THEY GET A LITTLE BIT OLDER, PERHAPS.

IF YOU WOULD WELCOME LILY, ERIN, AUDREY, KAITLYN, ARYANNA, JULIE AND

CLAIRE TO OUR PROCEEDINGS FROM THIS GREAT GIRL SCOUT TROOP 1100 ON

BEHALF ASSEMBLYMAN ED RA.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GOODELL, MR. RA, THE SPEAKER AND ALL THE MEMBERS, LADIES,

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

PRIVILEGES OF THE FLOOR. OUR THANKS FOR JOINING US HERE TODAY. HOPE

THIS HAS BEEN A PLEASANT TRIP, A GOOD BREAK FROM YOUR NORMAL. WE ARE

ALWAYS PLEASED TO HAVE GIRL SCOUTS IN THE HOUSE, AND YOU MAKE US

EVEN BETTER. THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09678, RULES REPORT

NO. 352, DILAN, BURGOS, EPSTEIN, MEEKS, GIBBS, DESTEFANO, COLTON.

AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO REQUIRING

NOTIFICATION OF AN INCARCERATED INDIVIDUAL'S EMERGENCY CONTACTS WHEN

SUCH INCARCERATED INDIVIDUAL ATTEMPTS SUICIDE OR IS HOSPITALIZED.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY JUNE 4, 2024

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09705, RULES REPORT

NO. 353, BARRETT. AN ACT TO AMEND THE TAX LAW, IN RELATION TO

AUTHORIZING THE TOWN OF POUGHKEEPSIE TO IMPOSE A HOTEL AND MOTEL

TAX; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION

THEREOF.

ACTING SPEAKER AUBRY: HOME RULE DESK --

HOME RULE MESSAGE IS AT THE DESK.

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. A09755, RULES REPORT

NO. 354, EPSTEIN. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL

LAW, IN RELATION TO AN EXEMPTION FOR CERTAIN PROPERTY FROM THE

PROHIBITION OF ALCOHOL SALES WITHIN A CERTAIN DISTANCE FROM A SCHOOL.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY JUNE 4, 2024

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER EPSTEIN: MRS. PEOPLES-

STOKES.

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

PLEASE WITHDRAW THIS BILL AND LAY IT ASIDE?

ACTING SPEAKER EPSTEIN: WITHDRAW THE ROLL

CALL, THE BILL IS LAID ASIDE.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09785-A, RULES

REPORT NO. 355, WOERNER. AN ACT AUTHORIZING THE VILLAGE OF ROUND

LAKE, IN THE TOWN OF MALTA AND THE COUNTY OF SARATOGA, TO EXTEND THE

LEASE OF CERTAIN PARK LANDS IN SUCH VILLAGE.

ACTING SPEAKER EPSTEIN: HOME RULE

MESSAGE IS AT THE DESK.

READ THE LAST SECTION.

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

2028.

ACTING SPEAKER EPSTEIN: THE CLERK WILL

RECALL [SIC] 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.

NYS ASSEMBLY JUNE 4, 2024

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

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

INTRODUCTION ON BEHALF OF OUR COLLEAGUE --

ACTING SPEAKER EPSTEIN: SORRY, MRS.

PEOPLES-STOKES. THERE'S A LOT OF CHATTER IN THE CHAMBER. CAN WE QUIET

DOWN SO WE CAN HEAR THE MAJORITY LEADER, PLEASE?

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

LIKE TO INTRODUCE ON BEHALF OF OUR COLLEAGUE, MS. ROZIC, MEMBERS OF

THE BAPS MADAR [SIC]. THEY ARE AN ESTEEMED HINDU TEMPLE IN

FLUSHING, NEW YORK. IT WAS ESTABLISHED IN 1974, AND THIS TEMPLE HAS

BEEN VERY INTEGRAL IN RESOURCES TO THE FLUSHING COMMUNITY. IT IS A

SIGNIFICANT PART OF THE SOCIAL AND CULTURAL MAP OF QUEENS.

SO ON BEHALF OF OUR COLLEAGUE, WOULD YOU PLEASE

WELCOME THEM TO OUR CHAMBERS, OFFER THEM THE CORDIALITIES OF THE

HOUSE AND THE PRIVILEGES OF OUR FLOOR?

ACTING SPEAKER EPSTEIN: THANK YOU,

MAJORITY LEADER. ON BEHALF OF MS. ROZIC, THE MAJORITY LEADER AND ALL

THE MEMBERS IN THE CHAMBERS, WELCOME HERE FROM FLUSHING, NEW

YORK. WE APPRECIATE YOU BEING HERE AND STANDING WITH US TODAY IN

ALBANY, LEARNING ABOUT WHAT WE'RE DOING HERE IN THE CHAMBERS, AND

WE LOOK FORWARD TO YOU HAVING THE CORDIALITIES OF THE FLOOR, AND WE

HOPE THAT YOU RETURN SOMETIME SOON TO LEARN MORE ABOUT WHAT OUR

STATE GOVERNMENT DOES. WELCOME.

(APPLAUSE)

MRS. PEOPLES-STOKES FOR AN INTRODUCTION.

NYS ASSEMBLY JUNE 4, 2024

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME AGAIN TO INTRODUCE SOME GUESTS THAT ARE IN

CHAMBERS ON BEHALF OF OUR COLLEAGUE, MR. STECK. WE HAVE ELECTED

OFFICIALS FROM THE VILLAGE OF MENANDS: THE HONORABLE BRIAN MARSH,

THE MAYOR; THE HONORABLE TIMOTHY LANE, THE TRUSTEE; THE HONORABLE

NICHOLAS KALOGRIDIS, TRUSTEE; THE HONORABLE MOLLY HARBOUR, TRUSTEE;

AND THE HONORABLE CHRIS FLYNN [SIC], JUDGE. ALSO, A VILLAGE CLERK,

DONALD HENDERSON [SIC].

IF YOU COULD PLEASE WELCOME THESE DISTINGUISHED

GUESTS TO OUR CHAMBERS AND OFFER THEM THE CORDIALITIES OF THE HOUSE

AND THE PRIVILEGES OF OUR FLOOR, AGAIN, ON BEHALF OF OUR COLLEAGUE, MR.

STECK. THANK YOU, SIR.

ACTING SPEAKER EPSTEIN: THANK YOU. ON

BEHALF OF MR. STECK AND OTHER MEMBERS OF THE ASSEMBLY, WELCOME THE

ELECTED OFFICIALS OF MENANDS, THE MAYOR, TRUSTEES, JUDGES. WE

APPRECIATE YOU ALL BEING HERE WITH US IN ALBANY TO LEARN ABOUT OUR

PROCEEDINGS, TO TALK ABOUT WHAT YOU DO IN LOCAL GOVERNMENT AND HOW IT

IMPACTS THE WORK THAT WE DO HERE IN ALBANY. WE OFFER YOU THE

CORDIALITIES OF THE HOUSE AND THANK YOU BEING WITH US TODAY.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09888-C, RULES

REPORT NO. 356, MCDONALD. AN ACT TO AMEND THE EXECUTIVE LAW, IN

RELATION TO SWIMMING POOL ENCLOSURES.

ACTING SPEAKER EPSTEIN: READ THE LAST

NYS ASSEMBLY JUNE 4, 2024

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT DECEMBER

31ST, 2025.

ACTING SPEAKER EPSTEIN: 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: THANK YOU, MR.

SPEAKER, FOR THE PURPOSES OF AN INTRODUCTION ON BEHALF OF OUR

COLLEAGUE, MS. LEVENBERG. WE HAVE SOME OUR YOUTHFUL CITIZENS FROM

THE STATE OF NEW YORK, WE HAVE 4TH GRADERS FROM HALDANE ELEMENTARY

SCHOOL IN COLD SPRING. THEY'RE WITH THEIR TEACHER, MICHELLE HARTFORD;

AND CHAPERONES, AMONGST WHICH IS THE MAYOR OF NELSONVILLE, MAYOR

CHRIS WINWARD; MEGAN MCCONVILLE (PHONETIC), KAREN TANGEN

(PHONETIC), ILANA INVEGO (PHONETIC), AND ROBIN MORERRO (PHONETIC).

MR. SPEAKER, IF YOU WOULD PLEASE WELCOME THESE

DISTINGUISHED GUESTS AND THE STUDENTS INTO OUR CHAMBERS, OFFER THEM

THE CORDIALITIES OF THE HOUSE AND THE PRIVILEGES OF OUR FLOOR ON BEHALF

MS. LEVENBERG. THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, MS. LEVENBERG, THE SPEAKER AND ALL THE

NYS ASSEMBLY JUNE 4, 2024

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

WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, THIS DISTINGUISHED GROUP

OF STUDENTS AND MAYORS AND PARENTS ALL TOGETHER AT ONE TIME. WHAT A

MARVELOUS SIGHT. THANK YOU FOR BEING HERE. HOPE YOU'VE ENJOYED

YOUR DAY. HOPE YOU HAVE A GREAT SUMMER BECAUSE SUMMER IS COMING.

THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09933, RULES REPORT

NO. 357, PHEFFER AMATO, SANTABARBARA. AN ACT TO AMEND THE

RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO ALLOWING PAID

FIREFIGHTERS TO RECEIVE DISABILITY BENEFITS FOR ENDOCRINE/THYROID CANCER.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, 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.

THE CLERK: ASSEMBLY NO. A09969, RULES REPORT

NO. 358, STIRPE. AN ACT TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN

NYS ASSEMBLY JUNE 4, 2024

RELATION TO EXTENDING THE REPORTING DEADLINE OF THE ADVISORY PANEL ON

EMPLOYEE-OWNED ENTERPRISES; AND TO AMEND CHAPTER 435 OF THE LAWS

OF 2017 AMENDING THE ECONOMIC DEVELOPMENT LAW RELATING TO

ESTABLISHING AN ADVISORY PANEL ON EMPLOYEE-OWNED ENTERPRISES WITHIN

THE DIVISION OF SMALL BUSINESS SERVICES, IN RELATION TO THE

EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10034, RULES REPORT

NO. 359, SHIMSKY. AN ACT TO AMEND CHAPTER 329 OF THE LAWS OF 2015

AMENDING THE VEHICLE AND TRAFFIC LAW RELATING TO THE RESIDENTIAL

PARKING SYSTEM IN THE VILLAGE OF DOBBS FERRY IN THE COUNTY OF

WESTCHESTER, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

NYS ASSEMBLY JUNE 4, 2024

THE CLERK: ASSEMBLY NO. A10042-A, RULES

REPORT NO. 360, THIELE. AN ACT IN RELATION TO AUTHORIZING THE TRUSTEES

OF THE TUCKAHOE COMMON SCHOOL DISTRICT, COUNTY OF SUFFOLK, TO

SUBMIT A PROPOSITION TO THE QUALIFIED VOTERS OF SUCH DISTRICT TO

REORGANIZE SUCH SCHOOL DISTRICT AS A UNION FREE SCHOOL DISTRICT; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION 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. A10051-A, RULES

REPORT NO. 361, LAVINE. AN ACT IN RELATION TO AUTHORIZING THE COUNTY

OF NASSAU ASSESSOR TO ACCEPT AN APPLICATION FOR A REAL PROPERTY TAX

EXEMPTION FROM ROCK COMMUNITY CHURCH, INC.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

LAVINE, 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.

NYS ASSEMBLY JUNE 4, 2024

(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. A10068-A, RULES

REPORT NO. 362, FAHY. AN ACT AUTHORIZING THE PRAISE TABERNACLE --

TABERNACLE CHURCH OF GOD TO RECEIVE RETRO -- RETROACTIVE REAL PROPERTY

TAX-EXEMPTION [SIC] STATUS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

FAHY, 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.

THE CLERK: ASSEMBLY NO. A10092, RULES REPORT

NO. 363, LAVINE. AN ACT AUTHORIZING THE HICKSVILLE UNITED METHODIST

CHURCH TO RECEIVE RETROACTIVE REAL PROPERTY TAX-EXEMPT STATUS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

NYS ASSEMBLY JUNE 4, 2024

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. A10111, RULES REPORT

NO. 364, PHEFFER AMATO, SANTABARBARA, BERGER, BRAUNSTEIN, WILLIAMS.

AN ACT TO AMEND THE GENERAL MUNICIPAL LAW AND THE RETIREMENT AND

SOCIAL SECURITY LAW, IN RELATION TO INCREASING THE SPECIAL ACCIDENTAL

DEATH BENEFIT OF CERTAIN DECEASED MEMBERS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PHEFFER AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

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

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. A10175, RULES REPORT

NYS ASSEMBLY JUNE 4, 2024

NO. 365, COMMITTEE ON RULES (PAULIN, SAYEGH, SOLAGES, BERGER). AN

ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO A REVIEW AND

RECOMMENDATIONS OF REIMBURSEMENT ADEQUACY AND OTHER MATTERS

RELATING TO EARLY INTERVENTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

PAULIN, 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.

THE CLERK: ASSEMBLY NO. A10204, RULES REPORT

NO. 366, COMMITTEE ON RULES (BARRETT). AN ACT TO AMEND THE GENERAL

CONSTRUCTION LAW, THE ELECTION LAW, THE INSURANCE LAW, THE MILITARY

LAW, THE PUBLIC OFFICERS LAW, THE ECONOMIC DEVELOPMENT LAW, THE

CIVIL SERVICE LAW AND THE REAL PROPERTY TAX LAW, IN RELATION TO

INCLUDING MEMBERS OF THE SPACE FORCE AS BEING MEMBERS OF THE

ARMED FORCES OR VETERANS ELIGIBLE FOR CERTAIN CREDITS AND BENEFITS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

NYS ASSEMBLY JUNE 4, 2024

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. A10220, RULES REPORT

NO. 367, COMMITTEE ON RULES (DINOWITZ). AN ACT TO AMEND THE TAX

LAW, IN RELATION TO AUTHORIZING THE DEPARTMENT OF TAXATION AND

FINANCE TO DISCLOSE CERTAIN INFORMATION TO THE DEPARTMENT OF

ENVIRONMENTAL CONSERVATION OR THE NEW YORK STATE ENERGY RESEARCH

AND DEVELOPMENT AUTHORITY FOR THE PURPOSE OF IMPLEMENTING THE NEW

YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10221, RULES REPORT

NO. 368, COMMITTEE ON RULES (WOERNER, WEINSTEIN). AN ACT TO AMEND

THE ABANDONED PROPERTY LAW, IN RELATION TO UNCLAIMED DEPOSITS AND

REFUNDS FOR UTILITY SERVICES FURNISHED BY ENERGY SERVICES COMPANIES.

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.

NYS ASSEMBLY JUNE 4, 2024

THE CLERK: ASSEMBLY NO. A10237, RULES REPORT

NO. 369, COMMITTEE ON RULES (SIMONE). AN ACT TO AMEND CHAPTER

549 OF THE LAWS OF 1994, AMENDING THE PUBLIC AUTHORITIES LAW

RELATING TO THE MEMBERSHIP COMPOSITION OF THE METROPOLITAN

TRANSPORTATION AUTHORITY BOARD, IN RELATION TO EXTENDING THE

EFFECTIVENESS OF SUCH PROVISIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

SIMONE, 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.

THE CLERK: ASSEMBLY NO. A10244, RULES REPORT

NO. 370, COMMITTEE ON RULES (PAULIN, SAYEGH, SEAWRIGHT). AN ACT TO

AMEND THE SOCIAL SERVICES LAW, IN RELATION TO MEDICAL EVALUATIONS FOR

ASSISTED LIVING ELIGIBILITY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

NYS ASSEMBLY JUNE 4, 2024

(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. A10263, RULES REPORT

NO. 371, COMMITTEE ON RULES (FALL). AN ACT TO AUTHORIZE THE

HONORABLE JOSEPH J. MALTESE TO RECEIVE COMPENSATION AND SERVICE

CREDIT.

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.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. THIS BILL

AUTHORIZES THE STATE TO PAY THE SALARY OF A JUDGE WHO AGED OUT AND WAS

NOT REEMPLOYED BY THE OFFICE OF COURT ADMINISTRATION FOR 10 OR

11 MONTHS. AND SO THIS BILL WOULD PAY HIM FOR THE 10 OR 11 MONTHS

THAT HE DIDN'T WORK. AND GENERALLY, THE STATE CONSTITUTION ARTICLE VIII,

SECTION 1, WHICH I'M SURE THE JUDGE IS WELL AWARE OF, PROHIBITS THE

STATE FROM GIVING A GIFT OF FUNDS TO ANY INDIVIDUAL UNLESS THERE'S A

CONTRACTUAL OR OTHER OBLIGATION TO PAY. AND SO PAYING SOMEONE WHILE

THEY WEREN'T WORKING, EVEN IF THEY WANTED TO WORK, I DON'T THINK

PROVIDES A SUFFICIENT CONSTITUTIONAL JUSTIFICATION FOR THIS BILL, AND FOR

THAT REASON I'LL BE VOTING AGAINST IT, ALTHOUGH I'M GLAD TO SEE THAT THE

NYS ASSEMBLY JUNE 4, 2024

JUDGE IS BACK ON THE BENCH WORKING HARD FOR THE REST OF US.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10271, RULES REPORT

NO. 372, COMMITTEE ON RULES (LUPARDO). AN ACT TO AMEND THE TAX

LAW, IN RELATION TO AUTHORIZING THE CITY OF BINGHAMTON TO ESTABLISH

HOTEL AND MOTEL TAXES.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK.

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. A10281, RULES REPORT

NO. 373, COMMITTEE ON RULES (SOLAGES). AN ACT TO AMEND THE STATE

FINANCE LAW, IN RELATION TO THE PUBLIC POSTING OF CERTAIN CONTRACTS

OTHERWISE SUBJECT TO THE APPROVAL OF THE COMPTROLLER.

NYS ASSEMBLY JUNE 4, 2024

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

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. A10283, RULES REPORT

NO. 374, COMMITTEE ON RULES (CONRAD). AN ACT TO AMEND PART C OF

CHAPTER 97 OF THE LAWS OF 2011, AMENDING THE STATE FINANCE LAW AND

OTHER LAWS RELATING TO PROVIDING CERTAIN CENTRALIZED SERVICE TO POLITICAL

SUBDIVISIONS AND EXTENDING THE AUTHORITY OF THE COMMISSIONER OF

GENERAL SERVICES TO AGGREGATE PURCHASES OF ENERGY FOR STATE AGENCIES

AND POLITICAL SUBDIVISIONS, IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

CONRAD, 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.

NYS ASSEMBLY JUNE 4, 2024

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10285, RULES REPORT

NO. 375, COMMITTEE ON RULES (ZEBROWSKI, MCGOWAN). AN ACT TO

AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO EXTENDING LIMITATIONS

ON THE SHIFT BETWEEN CLASSES OF TAXABLE PROPERTY IN THE TOWN OF

ORANGETOWN, COUNTY OF ROCKLAND.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

ZEBROWSKI, 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.

THE CLERK: ASSEMBLY NO. A10296, RULES REPORT

NO. 376, COMMITTEE ON RULES (WEPRIN). AN ACT TO AMEND THE REAL

PROPERTY TAX LAW, IN RELATION TO THE DETERMINATION OF ADJUSTED BASE

PROPORTIONS IN SPECIAL ASSESSING UNITS WHICH ARE CITIES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

NYS ASSEMBLY JUNE 4, 2024

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. A10297, RULES REPORT

NO. 377, COMMITTEE ON RULES (RAMOS). AN ACT IN RELATION TO

AUTHORIZING CALVARY TABERNACLE CHURCH OF GOD TO FILE AN APPLICATION

FOR EXEMPTION FROM REAL PROPERTY TAXES FOR CERTAIN ASSESSMENT ROLLS.

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. A10312, RULES REPORT

NO. 378, COMMITTEE ON RULES (MCDONALD). AN ACT TO AMEND THE

HIGHWAY LAW, IN RELATION TO DESIGNATING A PORTION OF THE STATE

HIGHWAY SYSTEM AS THE "CW2 CASEY N. FRANKOSKI MEMORIAL BRIDGE."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

NYS ASSEMBLY JUNE 4, 2024

MCDONALD, 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.)

MR. MCDONALD TO EXPLAIN HIS VOTE.

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

RECENTLY PASSED A RESOLUTION IN THIS HOUSE HONORING THE LIFE OF CASEY

FRANKOSKI, WHO DIED SERVING HER COUNTRY WITH HONOR AND DISTINCTION AS

A MEMBER OF THE UNITED STATES 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.

TODAY, WE WILL PASS A BILL TO NAME THE WASHINGTON AVENUE BRIDGE IN

RENSSELAER -- WHICH, FOR THOSE OF YOU WHO HEAD EAST WHEN THEY LEAVE

ALBANY, IT'S OVER I-90 -- AS THE CW2 CASEY M. FRANKOSKI MEMORIAL

BRIDGE. CASEY'S FAMILY, BOTH THE FRANKOSKIS AND THE NARDACCI FAMILY,

HAVE VERY STRONG ROOTS AND DEEP -- DEEP, DEEP TIES TO THE CITY OF

RENSSELAER. CASEY'S DAD SERVED AS POLICE CHIEF FOR THE RENSSELAER

CITY POLICE DEPARTMENT, SERVED THERE FOR OVER 33 YEARS. CASEY'S

PARENTS AND MANY LOVED ONES, RELATIVES, AND FRIENDS LIVE IN THE CITY OF

RENSSELAER, AND THIS TRIBUTE THAT WILL BE PASSED WILL BE A LASTING LEGACY

AND ONE OF MANY REMINDERS OF CASEY'S COURAGE AND HEROISM.

CASEY FRANKOSKI'S LEGACY TRANSCENDS HER -- HER

NYS ASSEMBLY JUNE 4, 2024

UNTIMELY PASSING. SHE LEAVES BEHIND A LEGACY OF INSPIRATION,

REMINDING US ALL TO LIVE LIFE TO THE FULLEST, PURSUE OUR PASSIONS

RELENTLESSLY, AND ALWAYS STRIVE TO MAKE POSITIVE DIFFERENCE IN THE

WORLD.

MR. SPEAKER, I VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. MCDONALD IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10342, RULES REPORT

NO. 379, COMMITTEE ON RULES (BURGOS, WEPRIN). AN ACT TO AMEND THE

INSURANCE LAW, IN RELATION TO AUTHORIZING STAND-ALONE BUSINESS

INTERRUPTION INSURANCE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

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. A10345, RULES REPORT

NO. 380, COMMITTEE ON RULES (L. ROSENTHAL). AN ACT TO AMEND THE

NYS ASSEMBLY JUNE 4, 2024

PRIVATE HOUSING FINANCE LAW, IN RELATION TO INCREASING THE NEW YORK

STATE HOUSING FINANCE AGENCY BONDING AUTHORITY.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10356-A, RULES

REPORT NO. 381, COMMITTEE ON RULES (BENEDETTO). AN ACT TO AMEND

THE PENAL LAW AND THE EXECUTIVE LAW, IN RELATION TO THE SAFE STORAGE OF

FIREARMS AND CHILD ACCESS PREVENTION.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL -- OH.

ON A MOTION BY MR. BENEDETTO, 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.

THE CLERK: ASSEMBLY NO. A10399, RULES REPORT

NO. 382, COMMITTEE ON RULES (O'DONNELL, NORRIS). AN ACT TO AMEND

THE NAVIGATION LAW, IN RELATION TO DUTY TO INSPECT VESSELS OPERATED ON

NYS ASSEMBLY JUNE 4, 2024

NON-NAVIGABLE UNDERGROUND WATERS.

ACTING SPEAKER AUBRY: ON A -- ON A MOTION

BY MR. O'DONNELL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL

IS ADVANCED.

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. NORRIS TO EXPLAIN HIS VOTE.

MR. NORRIS: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. UNFORTUNATELY, LAST JUNE IN THE CITY OF LOCKPORT THERE WAS A

TRAGEDY ON A CAVE ATTRACTION RIDE IN OUR CITY, AND WHEN IT WAS REVIEWED

THERE WAS SOME CONFUSION TO ACTUALLY WHICH AUTHORITY WOULD HAVE

PROPER OVERSIGHT OVER SUCH RIDES IN THE STATE OF NEW YORK. AND WHAT

WE HAVE FOUND OUT NOW IS THAT WE CAN ALLOCATE THESE DUTIES TO THE

INSPECTOR IN THE OFFICE OF PARKS, HISTORICAL -- HISTORICAL PRESERVATION

AND RECREATION. AND I THINK THIS IS A VERY GOOD THING FOR OUR

BUSINESSES GOING FORWARD, AS WELL AS FOR OUR PATRONS WHO ARE GONNA

PARTAKE ON THESE RIDES. SO ON AN ANNUAL BASIS, THESE TYPES OF RIDES

THROUGHOUT THE STATE OF NEW YORK WILL HAVE PROPER OVERSIGHT SO

EVERYONE WILL FEEL COMFORTABLE GOING FORWARD ON THESE TYPES OF RIDES.

SO AGAIN, I WANT TO THANK THE CHAIRMAN OF THE

TOURISM COMMITTEE, ASSEMBLYMAN O'DONNELL, FOR CARRYING THIS BILL,

NYS ASSEMBLY JUNE 4, 2024

AND ALSO GOVERNOR HOCHUL WHO BROUGHT THIS PROGRAM BILL FORWARD, AND

MY COLLEAGUE ON THE OTHER SIDE OF THE AISLE, SENATOR ROB ORTT IN THE

OTHER HOUSE, BY WORKING TOGETHER IN A BIPARTISAN MANNER TO BRING THIS

TOGETHER. SO AGAIN, THIS IS A SITUATION THAT NEEDED ATTENTION. NOW THERE

WILL BE PROPER OVERSIGHT, AND IT WILL PROTECT THE BUSINESSES AS WELL AS

THE TOURISM GOING FORWARD IN OUR AREA.

THANK YOU VERY MUCH, AND I ENCOURAGE ALL OF MY

COLLEAGUES TO PLEASE VOTE FOR THIS PIECE OF LEGISLATION.

ACTING SPEAKER AUBRY: MR. NORRIS IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10404, RULES REPORT

NO. 383, COMMITTEE ON RULES (BICHOTTE HERMELYN). AN ACT TO AMEND

THE GENERAL MUNICIPAL LAW, IN RELATION TO EXTENDING PROVISIONS OF LAW

RELATING TO URBAN DEVELOPMENT ACTION AREAS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

BICHOTTE HERMELYN, 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.)

NYS ASSEMBLY JUNE 4, 2024

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10409, RULES REPORT

NO. 384, COMMITTEE ON RULES (ZINERMAN). AN ACT TO AMEND CHAPTER

427 OF THE LAWS OF 2017 AMENDING THE STATE TECHNOLOGY LAW RELATING

TO THE CREATION OF A STATE INFORMATION TECHNOLOGY INNOVATION CENTER,

IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

ZINERMAN, 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.)

MR. BLUMENCRANZ TO EXPLAIN HIS VOTE.

MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER.

WHILE I DO -- I DO SUPPORT THE CREATION AND EXISTENCE OF THE INNOVATION

TECHNOLOGY AND INFORMATION CENTER CREATED HERE, WE HAVE NEGLECTED TO

SEE THE REPORT THAT'S BEEN PROVIDED SINCE 2019. IT IS IMPORTANT TO MAKE

SURE FOR THE SAKE OF TRANSPARENCY IN GOVERNMENT THAT REPORTS ON

PROGRAMS CREATED WITHOUT SPECIFIC FUNDING ALLOCATIONS OR LINE ITEMS ARE

-- ARE SEEN BY ALL MEMBERS OF OUR REPRESENTATIVE BODY, AND THAT WE

HAVE THE ABILITY TO HAVE TRANSPARENCY. BECAUSE IF THE PUBLIC CAN'T SEE

NYS ASSEMBLY JUNE 4, 2024

WHAT THIS PROGRAM LOOKS LIKE, IF ONLINE INFORMATION ABOUT THE PROGRAM

DOESN'T EXIST AND REPORTS PROVIDING WHAT MAY OR MAY NOT BE HAPPENING

HERE DO EXIST, IT IS REALLY IMPORTANT THAT ALL MEMBERS HERE HAVE THE

ABILITY TO FULLY UNDERSTAND WHAT WE'RE VOTING ON.

WHILE I STILL SUPPORT IT AND I WILL TAKE THE -- THE

SPEAKER'S OFFICE WORD THAT -- THAT THIS IS SOMETHING THAT EXISTS, IT DOES

BRING A LEVEL OF CONCERN TO MYSELF AND MANY OF MY COLLEAGUES. THANK

YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. ZINERMAN TO EXPLAIN HER VOTE.

MS. ZINERMAN: GOOD AFTERNOON. THANK YOU, MR.

SPEAKER, ON THE BILL. WE ARE A STATE THAT IS REPLETE WITH INNOVATORS, AND

WITH THE ADVENT OF TECHNOLOGY WE ARE CLEARLY 21ST CENTURY CITIZENS AND

WE NEED 21ST CENTURY AGENCIES AND ORGANIZATIONS TO BRING US FURTHER

INTO THE FUTURE. AND WE WANT TO MAKE SURE THAT WE HAVE A SPACE THAT

WE CAN DO THAT WORK. NOW, THIS BILL IS JUST AN EXTENDER, WE HAVE

ALREADY CREATED IT WITH PREVIOUS LEGISLATION, BUT WE ARE JUST MAKING

SURE THAT WE'RE GIVING OURSELF THE TIME TO DO IT CORRECTLY. TECHNOLOGY

IS MOVING AT A RAPID SPACE -- PACE, AS WE ALL KNOW, WITH THE ADVENT OF

AI, AND SO WE WANT TO MAKE SURE THAT WE HAVE THE BEST AND BRIGHTEST IN

PLACE TO CONTINUE TO DO THIS WORK. THE REPORTS WILL BE PUBLISHED, AS

YOU ALL KNOW, AS WE DO, SOMETIMES A LITTLE LATE BUT THEY DO -- THEY ARE

FINISHED AT SOME POINT AND THEY WILL BE ON AND AVAILABLE FOR PEOPLE

THROUGHOUT THE STATE TO READ. BUT CERTAINLY, WE WANT TO MAKE SURE THAT

ONCE THE CENTER IS UP, PEOPLE CAN ACTUALLY COME AND VISIT AND TALK TO

NYS ASSEMBLY JUNE 4, 2024

THE PERSONNEL AND KNOW HOW THIS CENTER WILL WORK FOR THE NEXT

GENERATION OF NEW YORKERS AND FOR THOSE OF US WHO USE TECHNOLOGY

AND WANT TO GET BETTER AT IT SO THAT IT CAN HELP WITH OUR SYSTEMS AND OUR

QUALITY OF LIFE.

AND SO I VOTE IN THE AFFIRMATIVE AND I ENCOURAGE MY

COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: MS. ZINERMAN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10514, RULES REPORT

NO. 385, COMMITTEE ON RULES (WEINSTEIN). AN ACT TO AMEND THE STATE

FINANCE LAW, THE EXECUTIVE LAW AND THE TAX LAW, IN RELATION TO

CERTAIN FALSE CLAIMS.

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.)

ACTING SPEAKER EACHUS: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 7, RULES REPORT NO. 75, THE CLERK WILL READ.

NYS ASSEMBLY JUNE 4, 2024

THE CLERK: ASSEMBLY NO. A09057-C, RULES

REPORT NO. 75, LEE, ARDILA, TAPIA, O'DONNELL, DAVILA, GONZ�LEZ-

ROJAS, LEVENBERG, BURDICK, TAYLOR, CUNNINGHAM, REYES, BORES,

L. ROSENTHAL, FALL, WEPRIN, CRUZ, MITAYNES, FORREST, RAMOS, RAGA.

AN ACT TO AMEND THE BANKING LAW, IN RELATION TO MANDATING

ACCEPTANCE OF THE NEW YORK CITY IDENTITY CARD AS A PRIMARY FORM OF

IDENTIFICATION AT ALL COVERED ENTITIES.

ACTING SPEAKER EACHUS: AN EXPLANATION HAS

BEEN REQUESTED, MS. LEE.

MS. LEE: THIS BILL, THE PRO-BANKING ACT, REQUIRES

STATE-CHARTERED FINANCIAL INSTITUTIONS, INTERSTATE BRANCHES AND FOREIGN

BANKING CORPORATIONS LICENSED BY THE SUPERINTENDENT TO ACCEPT THE

NEW YORK CITY MUNICIPAL PHOTO ID CARD AS A PRIMARY FORM OF

IDENTIFICATION. THIS BILL'S PURPOSE IS TO ADVANCE NEW YORK'S GOAL OF

PROMOTING FINANCIAL INCLUSION, ESPECIALLY FOR THE MOST VULNERABLE

POPULATIONS WHO OFTEN LACK ACCESS TO BANKING SERVICES. BY REQUIRING

BANKS TO ACCEPT THE NEW YORK CITY ID AS A PRIMARY FORM OF ID, THIS

BILL WILL INCREASE ACCESS TO BANKING SERVICES FOR ALL NEW YORK CITY

RESIDENTS. THIS IS CRUCIAL TO REDUCE POVERTY, PROMOTE INCLUSIVE AND

STABLE ECONOMIC GROWTH, AND IMPROVE THE OVERALL QUALITY OF LIFE FOR

INDIVIDUALS AND COMMUNITIES.

ACTING SPEAKER EACHUS: MR. CURRAN.

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

SPONSOR YIELD FOR A COUPLE QUESTIONS?

ACTING SPEAKER EACHUS: WILL THE SPONSOR

NYS ASSEMBLY JUNE 4, 2024

YIELD?

MS. LEE: YES.

ACTING SPEAKER EACHUS: SHE YIELDS.

MR. CURRAN: THANK YOU. SO MY BIGGEST CONCERN

WITH THIS BILL AS IT IS CURRENTLY STRUCTURED IS, YOU KNOW, YOU MADE

AMENDMENTS WHICH WERE GREAT, BUT THE AMENDMENTS DOESN'T

SPECIFICALLY CLARIFY WHETHER OR NOT A BANK THAT ALLOWS THE USE OF A NEW

YORK CITY ID WILL SATISFY ITS LEGAL OBLIGATIONS UNDER ITS FEDERAL

OBLIGATIONS AND ITS STATE OBLIGATIONS TO MAKE SURE ABOUT ANTI-MONEY

LAUNDERING ASPECTS, ESPECIALLY UNDER THE CONSUMER IDENTIFICATION

PROGRAM, THE CIP. AND -- AND CORRECT ME IF I'M WRONG, THE CIP

BASICALLY REQUIRES A BANK TO KNOW THEIR CUSTOMERS, TO -- TO -- TO KNOW

WHO THEY'RE DEALING WITH IN THE HOPE THAT THAT INDIVIDUAL ISN'T

LAUNDERING MONEY THROUGH -- THROUGH ILLEGAL SERVICES. SO, IF YOU'RE

GOING TO ALLOW BANKS OR REQUIRE BANKS TO ACCEPT A NEW YORK CITY ID,

UNDER THE FEDERAL REGULATIONS, THE MINIMUM INFORMATION THAT HAS TO BE

OBTAINED BY A BANK IS A NAME, DATE OF BIRTH, ADDRESS AND ID NUMBER.

SO STARTING OFF, OBVIOUSLY, A NEW YORK CITY ID HAS A NAME, RIGHT?

MS. LEE: YES, IT DOES.

MR. CURRAN: AND DOES IT HAVE A DATE OF BIRTH?

MS. LEE: IT DOES.

MR. CURRAN: NOW, IT HAS -- IT DOES HAVE AN

ADDRESS ON THERE, CORRECT?

MS. LEE: YES.

MR. CURRAN: BUT THAT ADDRESS COULD BE FOR A

NYS ASSEMBLY JUNE 4, 2024

SHELTER OR TEMPORARY HOUSING, CORRECT?

MS. LEE: THAT'S RIGHT.

MR. CURRAN: SO THAT SPECIFIC ASPECT RIGHT THERE,

DO YOU KNOW WHETHER OR NOT THE FEDERAL GOVERNMENT'S OBLIGATIONS

WITH REGARDS TO BANKS KNOWING THEIR CUSTOMERS WOULD ACCEPT A BANK

ALLOWING TEMPORARY HOUSING FOR A SHELTER ADDRESS AS A RESIDENCE?

(PAUSE)

MS. LEE: SO, ACCORDING TO THE FEDERAL LAW, THE

FEDERAL LAW DOES PERMIT THIS. IT ALLOWS THE CONSUMERS TO PROVIDE

IDENTIFICATION, AND THEN ALSO TO USE THE ADDRESS SIMPLY OF NEXT OF KIN

WHEN OPENING AN ACCOUNT. AND THIS LAW PROVIDES FOR SOMEONE TO

PROVIDE THEIR PRIMARY IDENTIFICATION AS A NEW YORK CITY ID, ALONG

WITH AN ADDRESS OF NEXT OF KIN.

MR. CURRAN: SO --

MS. LEE: THAT -- THAT IS WHAT THE FEDERAL LAW

REQUIRES.

MR. CURRAN: OKAY. SO JUST SO THAT I UNDERSTAND,

SO THAT WHEN YOU APPLY FOR A NEW YORK CITY ID YOU COULD PUT YOUR

SHELTER ADDRESS, BUT YOU'RE ALSO REQUIRED TO PUT THE NEXT OF KIN IN THERE

AS WELL?

MS. LEE: WHEN YOU'RE OPENING A BANK ACCOUNT YOU

WOULD BE REQUIRED TO PROVIDE THE NEXT OF KIN ADDRESS.

MR. CURRAN: OKAY.

MS. LEE: AND THAT'S PROVIDED FOR IN THE BILL, AND THAT

IS IN LINE WITH THE FEDERAL REQUIREMENTS TO OPEN A BANK ACCOUNT.

NYS ASSEMBLY JUNE 4, 2024

MR. CURRAN: YEAH, LET ME MAKE SURE THAT I

UNDERSTAND. SO WHEN YOU GET A NEW YORK CITY ID AND YOU HAVE TO PUT

DOWN A RESIDENCE, YOU PUT DOWN YOUR TEMPORARY, EITHER YOUR SHELTER

ADDRESS OR YOUR TEMPORARY HOUSING ADDRESS. AS PART OF THAT

APPLICATION PROJECT -- PROCESS FOR THE NEW YORK CITY ID, DO YOU ALSO

HAVE TO PUT A NEXT OF KIN?

MS. LEE: I DON'T BELIEVE SO. BUT WHAT IS REQUIRED TO

OPEN A BANK ACCOUNT IS A NEXT OF KIN ADDRESS, SO THAT WOULD BE SATISFIED

IN THAT WAY AND IT IS ACCOUNTED FOR IN THE BILL.

MR. CURRAN: OKAY. AND THEN THE FOURTH

REQUIREMENT FOR THAT MINIMUM INFORMATION IS AN ID NUMBER FOR A CITY

ID. WHAT ID NUMBER ARE YOU REQUESTING, A SOCIAL SECURITY NUMBER?

MS. LEE: THE -- THE NEW YORK CITY IDS COME WITH

AN IDENTIFICATION NUMBER, JUST --

MR. CURRAN: AND HOW --

MS. LEE: -- LIKE A DRIVER'S LICENSE DOES.

MR. CURRAN: OKAY.

MS. LEE: YOU HAVE AN ID NUMBER ON YOUR DRIVER'S

LICENSE, YOU ALSO HAVE AN IDENTIFICATION NUMBER ON YOUR NEW YORK

CITY ID.

MR. CURRAN: AND DOES THE FEDERAL GOVERNMENT

ACTUALLY ACCEPT THE CITY DESIGNATED ID NUMBER AS AN ID NUMBER

ACCEPTABLE TO SATISFY THEIR OBLIGATIONS?

MS. LEE: SO, ACTUALLY, THE DFS, THE TREASURY, THE

FDIC AND ALSO THE OFFICE OF THE COMPTROLLER AND CURRENCY ALL HAVE

NYS ASSEMBLY JUNE 4, 2024

AFFIRMED THAT THE NEW YORK CITY ID IS ACCEPTABLE AS A PRIMARY FORM OF

IDENTIFICATION TO OPEN A BANK ACCOUNT.

MR. CURRAN: AND WHAT HAPPEN -- HOW LONG IS A

NEW YORK CITY ID GOOD FOR?

MS. LEE: FIVE YEARS.

MR. CURRAN: OKAY. IF A PERSON'S NEW YORK CITY

ID -- WELL, LET ME ASK YOU THIS: IF A PERSON MOVES OUT OF NEW YORK

CITY, SAY, UPSTATE OR OUT TO THE ISLAND, ARE THEY STILL ALLOWED TO USE THAT

NEW YORK CITY ID CARD TO OPEN AN ACCOUNT EITHER UPSTATE OR ON THE

ISLAND?

MS. LEE: THEY MAY, BUT THE FEDERAL REQUIREMENTS

FOR OPENING A BANK ACCOUNT ARE TO HAVE A PRIMARY FORM OF

IDENTIFICATION ALONG WITH A NEXT OF KIN ADDRESS. SO IF THEY ARE -- IF THEY

ARE PROVIDING THE FORM OF AN ID CARD THAT VERIFIES WHO THEY ARE, THEIR

NAME AND THEIR PICTURE, THAT VERIFIES WHO THEY ARE, WHO THEY SAY THEY

ARE, ALONG WITH THE ADDRESS OF THE NEXT OF KIN, THAT SATISFIES THE FEDERAL

REQUIREMENT. EVEN IF THEY MOVE.

MR. CURRAN: AND OBVIOUSLY, THEY CAN'T RELY ON

THE NEW YORK CITY ID CARD IF IT'S EXPIRED, CORRECT?

MS. LEE: THAT'S CORRECT.

MR. CURRAN: ALL RIGHT. ALSO, THE NEXT OF KIN

INFORMATION. IS THERE A REQUIREMENT FOR A NEW YORK CITY RESIDENCE FOR

THAT NEXT OF KIN OR -- OR EVEN A STATE REQUIREMENT?

MS. LEE: IT'S -- IT'S PART OF THE FEDERAL REQUIREMENT

AND IT'S PART OF THE LAW -- IT'S PART OF THIS BILL AS WELL, THAT THAT WOULD BE

NYS ASSEMBLY JUNE 4, 2024

REQUIRED.

MR. CURRAN: NO, I'M SORRY. YEAH, THAT WAS A BAD

QUESTION. THE NEXT OF KIN THAT YOU HAVE TO ACTUALLY SAY, YOU KNOW, TO

DIVULGE AS PART OF OPENING THE BANK ACCOUNT, DOES THAT NEXT OF KIN HAVE

TO BE A NEW YORK CITY RESIDENT, A NEW YORK STATE RESIDENT OR ANY

RESIDENT IN THE U.S.?

MS. LEE: IT WOULD ACTUALLY HAVE TO BE A NEW YORK

CITY RESIDENT, YES.

MR. CURRAN: OKAY.

HERE'S MY LAST QUESTION. SO, PERTAINING TO THE

AMENDMENTS THAT YOU MADE TO THIS, YOU SAID THE AMENDMENTS WOULD

SAY THAT IF THE SUPERINTENDENT OF DFS SAYS THAT A BANK WHO DID THEIR

UTMOST TO TRY TO QUALIFY A PERSON OR TO KNOW THAT PERSON AND ACCEPTS A

NEW YORK CITY ID, BUT LATER IS FOUND TO HAVE VIOLATED A FEDERAL

REQUIREMENT AND IN -- AND IS FOUND, YOU KNOW, IN VIOLATION AND ARE

ASSESSED A FINE WHICH COULD BE IN THE THOUSANDS, RIGHT, IF THEY'RE FOUND

TO HAVE VIOLATED IT?

(PAUSE)

MS. LEE: KEEP GOING.

MR. CURRAN: YEAH, SO THE AMENDMENT SAYS THAT

THE SUPERINTENDENT CAN SAY, WELL, THIS BANK DID ITS BEST AND THEY

SHOULD NOT BE ASSESSED A VIOLATION, THAT'S BASICALLY WHAT THE

AMENDMENT SAYS, CORRECT?

MS. LEE: I DON'T THINK THERE'S ANY HYPOTHETICAL

SITUATIONS IN THIS BILL. I MEAN, WHAT WE DID ADD WAS A SEVERABILITY

NYS ASSEMBLY JUNE 4, 2024

CLAUSE THAT ALLOWS FOR THE DFS TO ACCOMMODATE IF A BANK IS NOT ABLE TO

MEET THE FEDERAL REGULATIONS, TO BE EXEMPTED FROM THIS -- FROM THE BILL.

MR. CURRAN: RIGHT, BUT THAT'S BASICALLY THE

SUPERINTENDENT OF DFS TELLING THE FEDERAL GOVERNMENT, WE'RE

EXEMPTING THEM BECAUSE THEY TRIED THEIR BEST. I GUESS MY QUESTION IS,

WHAT GUARANTEE DOES THIS BILL HAVE TO THE BANKS THAT THEY'RE NOT GOING --

THAT THE FEDERAL GOVERNMENT'S NOT GONNA TURN AROUND AND SAY TO THE

SUPERINTENDENT OF DFS, WE DON'T CARE WHAT YOU THINK, THEY VIOLATED

OUR REGULATIONS AND WE'RE GONNA TO ASSESS THE BANKS THOUSANDS OF

DOLLARS BECAUSE OF THAT VIOLATION. WHAT GUARANTEES DOES THIS

LEGISLATION GIVE?

(PAUSE)

MS. LEE: SO, IF THEY HAVE DONE THEIR BEST TO ENSURE

THAT IT'S A VALID IDENTIFICATION -- FORM OF IDENTIFICATION AND THAT THEY

HAVE A NEXT OF KIN ADDRESS, I DON'T SEE WHERE A BANK WOULD HAVE THAT

ISSUE. I WILL SAY THAT 12 BANKING INSTITUTIONS AND -- AND CREDIT UNIONS

ALREADY ACCEPT THIS FORM OF IDENTIFICATION TO BE ABLE TO OPEN A BANK

ACCOUNT, INCLUDING AMALGAMATED BANK. THEY HAVE BEEN DOING THIS FOR

A -- ALMOST A DECADE NOW AND HAVE NO -- HAVE HAD NO ISSUES WITH ANY

IDENTIFICATION ISSUES WITH THIS CARD, ID CARD.

MR. CURRAN: AND I CAN APPRECIATE THAT. BUT THE

FACT OF THE MATTER IS YOU PUT AN AMENDMENT IN HERE SPECIFICALLY TRYING

TO PROVIDE SOME COVER FOR THE BANKS SHOULD THERE BE A FEDERAL

VIOLATION, AND THE BOTTOM LINE IS YOU CAN'T TELL US THAT JUST BECAUSE THE

SUPERINTENDENT OF DFS TELLS THE FEDERAL GOVERNMENT, OH, LISTEN, THEY

NYS ASSEMBLY JUNE 4, 2024

TRIED THEIR BEST, THEY SHOULDN'T BE ASSESSED A FINE. THAT DOESN'T MEAN

THAT THE FEDERAL GOVERNMENT HAS TO LISTEN TO THE SUPERINTENDENT.

THAT'S -- THAT'S TRUE, CORRECT?

MS. LEE: I -- I MEAN, THAT'S -- I DON'T KNOW WHAT

FEDERAL REG -- REGULATION WOULD BE FOR THAT. I CAN'T SPEAK TO THAT, HOW A

FEDERAL AGENCY IS GOING TO RESPOND ON THAT.

(PAUSE)

I DON'T THINK THAT WE CAN -- WE SHOULD STOP THIS BILL

FROM GOING THROUGH JUST BECAUSE OF SOME SPECULATIVE, YOU KNOW,

CHANGE THAT WE THINK IS GOING TO HAPPEN WITH THE FEDERAL GOVERNMENT.

I THINK THAT THESE HYPOTHETICALS AREN'T REALLY ROOTED IN REALITY. WE

KNOW THAT CREDIT UNIONS AND BOTH FEDERAL-CHARTERED AND

STATE-CHARTERED BANKS HAVE BEEN USING THIS IDENTIFICATION FORM AND

HAVE NOT HAD ANY ISSUES.

MR. CURRAN: BUT IF I -- IF -- IF -- THEN IF YOU'RE

SAYING THAT THESE HYPOTHETICALS REALLY DON'T EXIST, THEN WHY DID YOU PUT

THE CHANGES IN THE AMENDMENT IN THERE TO HAVE BASICALLY A BAILOUT OR A

POSSIBLE BAILOUT FOR BANKS WHO ARE FOUND TO BE VIOLATED BY THE FEDERAL

GOVERNMENT AND NON-COMPLIANCE WITH THE CONSUMER IDENTIFICATION

PROGRAM?

MS. LEE: THE SEVERANCE CLAUSE, IT'S JUST BEST

PRACTICES. WE HAVE THIS IN A LOT OF BILLS. AND WE ALSO WANTED TO MAKE

SURE THAT WE WEREN'T INTERFERING -- HAVING ANY ISSUES WITH FEDERAL

PREEMPTION. SO THAT IS WHY WE DID THAT.

MR. CURRAN: WELL, LET ME JUST THEN JUST GET BACK

NYS ASSEMBLY JUNE 4, 2024

TO MY ORIGINAL QUESTION, THAT IS, UNDER THE HYPOTHETICAL THAT A BANK

ACCEPTED A NEW YORK CITY ID, DID EVERYTHING THAT WAS REQUIRED UNDER

THIS BILL, BUT THE FEDERAL GOVERNMENT COMES IN AND SAYS, YOU ARE --

YOU HAVE VIOLATED OUR REQUIREMENTS FOR THE CIP, WE'RE GONNA ASSESS

YOU A $10,000 FINE --

MS. LEE: WELL, WHY WOULD YOU THINK THAT --

(INAUDIBLE/CROSSTALK).

MR. CURRAN: WE'RE GONNA ASSESS YOU A $10,000

FINE AND YOU -- AND THEY PRESENT A LETTER FROM THE SUPERINTENDENT OF

DFS SAYING, LISTEN, THEY TRIED THEIR BEST, AND THE FEDERAL GOVERNMENT

TURNS AROUND AND SAYS, WE DON'T CARE WHAT THE SUPERINTENDENT SAYS.

WHAT GUARANTEES DO YOU HAVE FOR THAT BANK THAT THEY DON'T HAVE TO PAY

THAT FINE?

(PAUSE)

MS. LEE: SO, THE FEDERAL GOVERNMENT WOULD

PROVIDE WARNING AND GUIDANCE IF THERE WAS AN ISSUE THAT THEY -- THEY

THOUGHT WAS, YOU KNOW, VALID TO BRING UP WITH A BANK. I THINK THAT

THAT'S -- I DON'T THINK THAT'S A REAL CONCERN HERE.

MR. CURRAN: WELL, IT -- AND I -- WITH ALL DUE

RESPECT, IF IT WASN'T A REAL CONCERN, AN AMENDMENT WOULDN'T HAVE BEEN

PUT IN THERE MAKING SURE THAT THE SUPERINTENDENT COULD VOUCH FOR THE

BANK IF IT'S VIOLATED BY THE FEDERAL GOVERNMENT. LET ME JUST ASK YOU

THIS: IF A VIOLATION IS FOUND BY THE FEDERAL GOVERNMENT THAT A BANK,

SAY, CHASE, HAS VIOLATED THE CIP REQUIREMENTS, THE FEDERAL OBLIGATION,

AND IT'S ASSESSED A 10 -- $10,000 VIOLATION, IS THE SUPERINTENDENT OF

NYS ASSEMBLY JUNE 4, 2024

DFS GOING TO PAY THAT FINE FOR THAT BANK?

MS. LEE: I -- SO LET ME JUST READ THE LANGUAGE SO YOU

UNDERSTAND WHAT IS ACTUALLY PUT IN THIS CLAUSE. IT SAYS THE

SUPERINTENDENT IS EMPOWERED TO EXEMPT ANY COVERED ENTITY SUBJECT TO

SUBDIVISION 2 OF THIS SECTION UPON A DEMONSTRATION THAT IT WOULD BE

UNABLE TO COMPLY WITH REL -- RELEVANT FEDERAL LAWS OR REGULATIONS. SO

WHAT THIS IS SAYING IS IN ADVANCE OF THEM BEING -- BEGINNING TO ACCEPT

IDENTIFICATION, IF A BANK BELIEVES THAT THEY CANNOT COMPLY WITH THE LAW

THAT THE DFS IS ALLOWING THEM TO BE EXEMPTED.

MR. CURRAN: BUT THAT --

MS. LEE: THIS IS NOT THIS HYPOTHETICAL. WE'RE --

WE'RE NOT GIVING THE DFS POWER.

MR. CURRAN: BUT THAT'S EXEMPTING THEM FROM THE

STATE OBLIGATION. DOES THAT LANGUAGE EXEMPT THEM FROM THE FEDERAL

OBLIGATION? AND I -- IF THEY CAN, IF THE -- IF THE SUPERINTENDENT OF DFS

CAN EXEMPT THE BANK FROM FEDERAL LEGISLATION, I DIDN'T KNOW THAT.

MS. LEE: NO, THIS IS JUST AN EXEMPTION FROM THIS --

FROM THIS LAW TO ACCEPT THE NYC ID. THEY STILL NEED TO FOLLOW FEDERAL

REGULATION.

MR. CURRAN: I UNDERSTAND THAT.

MS. LEE: THIS IS SAYING THAT IF THEY CANNOT FOLLOW

FEDERAL REGULATION THAT BY ACCEPTING THE ID THAT THEY CAN BE EXEMPTED

BY THE SUPERINTENDENT IF THEY CAN DEMONSTRATE THAT THAT'S NOT POSSIBLE.

MR. CURRAN: OKAY. DOES THIS --

MS. LEE: BUT I THINK THAT THIS IS -- THIS IS A

NYS ASSEMBLY JUNE 4, 2024

HYPOTHETICAL THAT HAS OVER A DECADE'S WORTH OF ACCEPTING THE ID AS A

PRIMARY FORM OF IDENTIFICATION BY BANKS AND CREDIT UNIONS HAS NOT

COME UP.

MR. CURRAN: DOES THIS -- DOES THIS LEGISLATION

REQUIRE THE FEDERAL GOVERNMENT TO ACCEPT THE SUPERINTENDENT OF DFS

EXEMPTION OF A BANK?

MS. LEE: THIS ONLY APPLIES TO STATE-CHARTERED

INSTITUTIONS.

MR. CURRAN: RIGHT, BUT THAT DOESN'T ANSWER MY

QUESTION, WITH ALL DUE RESPECT. I'M JUST ASKING, DOES THIS LEGISLATION,

LIKE YOU JUST SAID, DOES THIS LEGISLATION REQUIRE THE FEDERAL GOVERNMENT

TO ACCEPT THE SUPERINTENDENT OF DFS EXEMPTION OF A BANK WITH

COMPLIANCE TO A CIP PROGRAM?

MS. LEE: THIS APPLIES TO STATE-CHARTERED INSTITUTIONS

THAT THE DFS HAS OVERSIGHT.

MR. CURRAN: RIGHT. BUT IN REALITY THE

SUPERINTENDENT OF DFS CANNOT EXEMPT A BANK FROM FEDERAL

REGULATIONS, LIKE YOU SAID.

MS. LEE: THEY'RE NOT BEING EXEMPTED FROM FEDERAL

REGULATIONS.

MR. CURRAN: YOU JUST SAID THAT THEY WERE BEING

EXEMPTED.

MS. LEE: NO, FROM --

MR. CURRAN: THEY'RE BEING EXEMPTED.

MS. LEE: -- THE STATE LAW. FROM THE STATE LAW, NOT

NYS ASSEMBLY JUNE 4, 2024

THE FEDERAL LAW.

MR. CURRAN: OKAY. BUT THEN -- THEN, AGAIN, I'M

GONNA ASK YOU THE VERY SAME QUESTION AGAIN, THEN. SO THERE'S -- THEY

HAVE TO COMPLY WITH STATE LAW AND THEY HAVE TO COMPLY WITH FEDERAL

LAW. YOUR AMENDMENT DEALS WITH THE SUPERINTENDENT OF DFS SAYING IF

THEY GET RUNG UP BY THE FEDERAL GOVERNMENT SAYING THEY VIOLATED THE

FEDERAL CIP REGULATIONS THAT THE -- THAT THE SUPERINTENDENT CAN SAY,

YOU KNOW WHAT? THEY TRIED THEIR BEST, THEY CAN'T COMPLY. THAT'S WHAT

THE AMENDMENT SAYS. BUT THAT AMENDMENT DOES NOT OBLIGATE THE

FEDERAL GOVERNMENT TO ACCEPT THAT EXEMPTION. THAT'S ALL I'M ASKING.

(PAUSE)

MS. LEE: THERE WOULD BE GUIDANCE FROM THE FEDERAL

GOVERNMENT BEFORE ANY FEES ARE LEVIED ON A BANK OR ANY PENALTIES

LEVIED ON A BANK IF THERE WAS AN ISSUE LIKE THIS BEFORE A BANK.

MR. CURRAN: THANK YOU. THANK YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER EACHUS: ON THE BILL.

MR. CURRAN: THANK YOU. I -- I APPRECIATE THE

SPONSOR'S ANSWERS TO THE QUESTIONS. HERE'S -- HERE'S THE THING: THE

AMENDMENT PROVIDES BASICALLY A NOTE FROM THE SUPERINTENDENT OF DFS

TO SAY TO THE FEDERAL GOVERNMENT ONCE THEY FIND A VIOLATION TO SAY,

LISTEN, THEY TRIED THEIR BEST, DON'T VIOLATE THEM. BUT THE FEDERAL

GOVERNMENT ISN'T OBLIGATED TO ACCEPT THE DFS SUPERINTENDENT'S

EXEMPTION. SO A BANK IS AGAIN GOING TO BE LOOKING AT THOUSANDS --

POSSIBLY THOUSANDS OF DOLLARS OF VIOLATIONS BY ACCEPTING AN ID THAT

NYS ASSEMBLY JUNE 4, 2024

MAY OR MAY NOT SATISFY THE FEDERAL REGULATIONS. AND THIS IS JUST YET

ANOTHER EXAMPLE OF WHERE WE'RE PUTTING RISKS ON OUR BANKS OR ON OUR

BUSINESSES, AND WE'RE ACCEPTING [SIC] THEM TO ACCEPT IT, WHICH IS

LEADING TO CATASTROPHIC SITUATIONS THROUGHOUT THE STATE WHERE WE SEE IN

PHARMACIES, CLOSING UP STORES, BECAUSE THEY JUST CAN'T DO BUSINESS HERE.

AND THIS IS JUST ANOTHER EXAMPLE OF THAT.

SO BECAUSE OF THOSE REASONS, MR. SPEAKER, I'M GONNA

BE VOTING IN THE NEGATIVE AND ASK MY COLLEAGUES TO DO THE SAME.

THANK YOU.

ACTING SPEAKER EACHUS: MR. BLUMENCRANZ.

MR. BLUMENCRANZ: THANK YOU. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER EACHUS: WILL THE SPONSOR

YIELD?

MS. LEE: YES.

ACTING SPEAKER EACHUS: THE SPONSOR YIELDS.

MR. BLUMENCRANZ: SO, I'M JUST TRYING TO GET TO

THE GENESIS OF THIS LEGISLATION. THERE ARE MANY PEOPLE WHO ARE

UN-BANKED WHO SHOULD BE, BUT WHO IS THE -- THE -- GENERALLY THE

INDIVIDUAL THAT'S SUPPOSED TO BENEFIT FROM THIS PIECE OF LEGISLATION?

MS. LEE: YOU KNOW, I WOULD SAY THAT A LOT OF LOW-

INCOME NEW YORKERS WOULD GREATLY BENEFIT FROM THIS LEGISLATION.

OTHER FORMS OF STATE IDENTIFICATION SUCH AS A DRIVER'S LICENSE OR EVEN A

NON-DRIVER'S LICENSE IDENTIFICATION FORM -- IDENTIFICATION CARD COSTS

MONEY, AND IN NEW YORK CITY THE NEW YORK CITY ID IS A FREE

NYS ASSEMBLY JUNE 4, 2024

IDENTIFICATION CARD ISSUED BY THE GOVERNMENT.

MR. BLUMENCRANZ: SO IF --

MS. LEE: AND I WOULD ALSO SAY IN NEW YORK CITY

MANY PEOPLE DON'T DRIVE, SO THE NECESSITY FOR A DRIVER'S LICENSE IS NOT

THERE FOR PEOPLE WHO DON'T DRIVE BUT WHO NEED IDENTIFICATION.

MR. BLUMENCRANZ: WELL, I KNOW MY OFFICE

PROVIDES EVENTS WITH -- WITH ORGANIZATIONS SUCH AS DFS WHERE WE CAN

PROVIDE IDENTIFICATION CARDS ON A STATE BASIS TO CITIZENS AND RESIDENTS

HERE IN NEW YORK STATE. SO I JUST -- I'M TRYING TO UNDERSTAND WHAT THE

BANKS WILL BE REQUIRED TO DO. SO LET'S SAY AN UNDOCUMENTED INDIVIDUAL

ENTERS A BANKING INSTITUTION, REQUESTING TO OPEN AN ACCOUNT, RIGHT?

THEY PROVIDE THIS NEW YORK STATE ID, WHICH --

MS. LEE: NEW YORK CITY ID.

MR. BLUMENCRANZ: -- IS PROVIDED TO -- SORRY,

NEW YORK CITY ID, EXCUSE ME, AS WELL AS THE NEXT OF KIN, AS YOU

STATED. SO -- AND -- AND I JUST WANTED TO HONE IN ON WHAT WE SAID LAST

TIME. SO THAT NEXT OF KIN REQUIREMENT, IT WOULD REQUIRE TO BE SOMEONE

ELSE IN NEW YORK CITY?

MS. LEE: THAT'S CORRECT.

MR. BLUMENCRANZ: UNDER THE GUISE OF WHAT?

THAT'S THE RULE IN NEW YORK CITY?

MS. LEE: YES, THAT'S THE LAW IN THE BILL AND THAT'S THE

LAW FOR THE FEDERAL GOVERNMENT.

MR. BLUMENCRANZ: SO THE FEDERAL GOVERNMENT

REQUIRES YOU TO HAVE A NEXT OF KIN IN THE SAME CITY YOU'RE IN?

NYS ASSEMBLY JUNE 4, 2024

(PAUSE)

MS. LEE: NO. I APPRECIATE YOU ASKING FOR

CLARIFICATION. THE NEW YORK CITY ID REQUIRES A NEW YORK CITY

ADDRESS, THE NEXT OF KIN ADDRESS DOES NOT NEED TO BE -- IT'S NOT STATED

EXACTLY WHERE THAT NEXT OF KIN ADDRESS NEEDS TO BE.

MR. BLUMENCRANZ: SO I COULD PUT THE ADDRESS

OF SOMEBODY -- I CAN BASICALLY COME HERE WITH VIRTUALLY NO PAPERS, NO

DOCUMENTATION, I CAN RECEIVE A NEW YORK CITY ID. I CAN THEN PROVIDE

TO THEM, WHO KNOWS, I DON'T KNOW WHAT THE VERIFICATION PROCESS LOOKS

LIKE WITHIN A BANK TO AN INDIVIDUAL OUTSIDE THE COUNTRY, BUT THEN THEY

HAVE A NEXT OF KIN WHO MAY OR MAY NOT EXIST, WHO MAY OR MAY NOT BE

IN THE UNITED STATES, AND AS A BANK I'M REQUIRED TO DO BUSINESS WITH

THIS UNKNOWN INDIVIDUAL BECAUSE NEW YORK CITY SAYS SO?

MS. LEE: NO, I MEAN, NEW YORK -- YOU CANNOT GET

-- RECEIVE A NEW YORK CITY ID WITHOUT DOCUMENTATION.

MR. BLUMENCRANZ: WHAT KIND OF

DOCUMENTATION DO YOU NEED?

MS. LEE: TO RECEIVE A -- TO GET A NEW YORK CITY ID

IS ACTUALLY QUITE HIGH. IT'S BASED ON A FOUR-POINT SYSTEM --

MR. BLUMENCRANZ: UH-HUH.

MS. LEE: -- AND THE TYPES OF IDENTIFICATION THAT ARE

REQUIRED, IT REQUIRES PHOTO IDENTIFICATION WHICH INCLUDES DRIVER'S

LICENSE, PASSPORTS AND THOSE TYPES OF -- THOSE TYPES OF IDENTIFICATIONS IN

ORDER TO GET A NEW YORK CITY ID, ALONG WITH EVIDENCE OF PROOF OF

RESIDENCY.

NYS ASSEMBLY JUNE 4, 2024

MR. BLUMENCRANZ: SO WHY DON'T YOU WALK ME

THROUGH THAT PROCESS, THEN? SO I AM ONE OF THE MANY MIGRANTS

ENTERING NEW YORK STATE ON A DAILY BASIS, I ENTER A SHELTER. SOMEONE

PROVIDING ME STATE SERVICES ALSO ASKS IF I'D LIKE THIS FORM OF

IDENTIFICATION SO I CAN RECEIVE SERVICES LIKE BECOMING A BANKING

INDIVIDUAL. WHAT DOES THAT PROCESS LOOK LIKE FOR ME TO GET THAT NEW

YORK CITY ID?

MS. LEE: YOU HAVE TO PROVIDE A U.S. PASSPORT, A

FOREIGN PASSPORT THAT'S VALID, U.S. VISA OR PERMIT, A U.S. GOVERNMENT

ID. THESE ARE ALL THE TYPES OF IDENTIFICATION THAT WOULD BE REQUIRED FOR

A NEW YORK CITY ID, (INAUDIBLE/CROSSTALK) --

MR. BLUMENCRANZ: I CAN IMAGINE MANY

MIGRANTS AND REFUGEES WHO ARE COMING HERE MAY NOT HAVE U.S.

IDENTIFICATION OR MAYBE EVEN FOREIGN IDENTIFICATION, SO --

MS. LEE: SO THEY WOULD NOT BE -- THEY WOULD NOT

QUALIFY TO RECEIVE A NEW YORK CITY ID.

MR. BLUMENCRANZ: OKAY, SO SOMEONE WITH

EXTREMELY LIMITED FORMS OF IDENTIFICATION --

MS. LEE: WOULD NOT QUALIFY TO RECEIVE A NEW YORK

CITY ID.

MR. BLUMENCRANZ: AND I'M JUST CURIOUS, WHAT

PROCESS DOES NEW YORK CITY UNDERTAKE WHEN THEY PROCESS FOR THESE

IDENTIFICATION CARDS? IS IT EXTENSIVE? WHAT -- ARE THEY DOING

BACKGROUND CHECKS SIMILAR TO THE FEDERAL GOVERNMENT WHEN THEY ARE

CHECKING TO SEE IF A PASSPORT THE PERSON IS BRINGING IS LEGITIMATE, THE

NYS ASSEMBLY JUNE 4, 2024

DRIVER'S LICENSE FROM THIS UNKNOWN COUNTRY IS LEGITIMATE? I'M JUST --

WE HAVE SET UP THESE GUIDELINES SURROUNDING THE FEDERAL REGULATIONS SO

THAT THE BANKING ATMOSPHERE IS SAFE NOT ONLY FOR THE BANK BUT FOR THE

OTHER INDIVIDUALS WHO ARE BANKING THERE. AND I JUST WANT TO MAKE SURE

THAT IF WE'RE GOING TO ALLOW FOR THIS NEW YORK CITY ID TO COUNT THE

SAME WAY THAT A FEDERAL ID OR A SOCIAL SECURITY NUMBER WOULD

QUALIFY THAT WE UNDERSTAND THE PROCESS THERE.

MS. LEE: YEAH, I APPRECIATE THAT CONCERN. THE

IDNYC PROGRAM EMPLOYS ADVANCED DATA SECURITY MEASURES TO VERIFY

APPLICANT INFORMATION, AND THE -- THE MEASURES ARE SECURE ENOUGH THAT

THE NEW YORK POLICE DEPARTMENT ACCEPTS IT AS A VALID FORM OF

IDENTIFICATION. SO IF OUR LAW ENFORCEMENT AGENCIES ACCEPT THIS AS A

VALID FORM OF IDENTIFICATION TO VERIFY SOMEONE'S IDENTITY, I THINK BANKS

ALSO CAN FEEL CONFIDENT THAT THIS IS A VALID FORM OF IDENTIFICATION.

MR. BLUMENCRANZ: SO WHEN THEY GO THROUGH

THAT PROCESS DOES IT INVOLVE THE COLLECTION OF BIOMETRICS OR

FINGERPRINTING WHEN THEY GET A NEW YORK CITY ID IF THEY HAVE LIMITED

DOCUMENTATION?

(PAUSE)

MS. LEE: IT'S COMPARABLE TO THE APPLICATION PROCESS

FOR STATE IDS LIKE THE DRIVER'S LICENSE.

MR. BLUMENCRANZ: IS THERE ANY PORTION OF THIS

PIECE OF LEGISLATION THAT TALKS ABOUT EDUCATING COVERED ENTITIES, THESE

BANKS? I'M JUST A LITTLE CONFUSED AS TO WHAT THE GUIDELINES WOULD LOOK

LIKE THAT WILL BE GIVEN TO THESE BANKING INSTITUTIONS. THEY FULLY

NYS ASSEMBLY JUNE 4, 2024

UNDERSTAND WHAT THEY HAVE TO AND DON'T HAVE TO DO. THERE'S JUST SOME

VAGUE LANGUAGE SURROUNDING AND CONCERN ON MY END REGARDING WHAT

THESE INSTITUTIONS WILL HAVE TO DO WHEN THEY ARE ALLOWED THESE -- ARE

THEY ALLOWED TO JUST OPEN A CHECKING ACCOUNT? WILL THEY BE FORCED TO

PROVIDE THE SAME SERVICES THEY'D BE FORCED TO PROVIDE ANY OTHER

RESIDENT? DO THEY HAVE THE SAME REFUSAL SERVICES AS ANY OTHER

RESIDENT?

MS. LEE: THEY TREAT IT LIKE ANY OTHER FORM OF

IDENTIFICATION. THEY VERIFY THE VALIDITY OF THE IDENTIFICATION, THEY MAKE

SURE THAT IT MATCHES TO -- MATCHES THE CUSTOMER WHO IS APPLYING TO

OPEN A CUSTOMER ACCOUNT, AND THEY GO THROUGH THE SAME PROCESS. IT'S A

GOVERNMENT-ISSUED ID JUST LIKE THE DRIVER'S LICENSE, JUST LIKE A PASSPORT.

IT PROVIDES A PHOTO, IT PROVIDES AN ADDRESS, IT PROVIDES A CUSTOMER -- IT

PROVIDES AN ID -- ID NUMBER AND IT PROVIDES A NAME TO -- TO MATCH THE

PHOTO. SO THE SAME WAY THAT WE WOULD -- YOU WOULD TAKE A DRIVER'S

LICENSE AND USE THAT TO OPEN A CUSTOMER ACCOUNT, AND THE SAME PROCESS

THAT A BANK WOULD GO TO TO VERIFY THAT THE PERSON ON THE DRIVER'S LICENSE

IS THE PERSON IN FRONT OF THEM IS THE SAME THING THAT THEY WOULD DO FOR

A NEW YORK CITY ID.

MR. BLUMENCRANZ: BUT YOU CAN UNDERSTAND,

ESPECIALLY NOW THE FEDERAL GOVERNMENT IS STARTING TO REQUIRE SMART-

IDS BECAUSE THEY'RE NO LONGER TRUSTING THE VERIFICATION PROCESSES IN

CERTAIN STATES, LET ALONE CERTAIN CITIES. DO YOU THINK THAT THIS WOULD

MEET THE SAME QUALIFICATIONS AS A SMART LICENSE AS REQUIRED BY FEDERAL

LAW IN THE COMING YEARS?

NYS ASSEMBLY JUNE 4, 2024

MS. LEE: I MEAN, THAT'S NOT A REQUIREMENT OF -- THAT'S

NOT A REQUIREMENT TO MEET THE FEDERAL STANDARDS FOR IDEN -- IDENTITY

VERIFICATION FOR BANK ACCOUNTS. SO IF THE FEDERAL LAW CHANGES TO -- TO

REQUIRE THAT, I'M SURE THAT WE CAN REVIEW THIS LEGISLATION TO MAKE SURE

THAT IT MEETS THOSE REQUIREMENTS THAT THE BANKS NEED TO MEET IN ORDER

TO BE ABLE TO MOVE FORWARD.

MR. BLUMENCRANZ: SO I JUST WANT TO ALSO HONE

IN ON SOME OF THE QUESTIONS THAT I HEARD BEFORE. SO -- SO THERE'S NO --

THERE'S -- IS THERE ANY -- IS THERE ANY FORM OF CHECK IN NEW YORK CITY

FOR IDNYC? THE RECORDS -- THERE'S NO ACCESSIBILITY, WE CAN'T -- WE

CAN'T FOIL THOSE RECORDS HERE IN NEW YORK STATE, SO I'M JUST A LITTLE

CONCERNED ON THE -- DO YOU FIND THAT THERE'S TRANSPARENCY IN THE PROCESS

OF -- OF WHAT IT LOOKS LIKE TO UNDERGO THE -- THE -- THE ACQUISITION OF ONE

OF THESE IDENTIFICATIONS?

(PAUSE)

MS. LEE: YOU CAN'T FOIL STATE IDS, EITHER, SO I

DON'T SEE WHY WE WOULD TREAT THAT SEPARATE -- DIFFERENTLY FROM A NEW

YORK CITY ID.

MR. BLUMENCRANZ: OKAY. THE -- ANOTHER

QUESTION I HAD IS -- IS THE BILL SEEMS A LITTLE BIT VAGUE WITH REGARDS TO

THE SERVICES THE BANKS WOULD HAVE TO PROVIDE WHEN THEY NOW HAVE TO

ACCEPT THIS FORM OF ID. SO IF I HAVE TO ACCEPT THIS FORM OF ID TO

PROVIDE BANKING SERVICES, WHAT SERVICES IS THAT LIMITED TO, RIGHT? CAN I

PROVIDE VARIOUS DIFFERENT FINANCIAL SERVICES TO THEM OR EXCLUSIVELY

LIMITED ONES THAT WOULDN'T NEED INFORMATION OVER JUST IDENTIFICATION?

NYS ASSEMBLY JUNE 4, 2024

AS YOU CAN IMAGINE, WITH MANY OF THE INDIVIDUALS THAT WILL NOW BE

BANKING BE UNDOCUMENTED AND UNKNOWN INDIVIDUALS, THEN I JUST

WANTED CLARITY, I'M SURE AS THE BANKS DO, AS TO THE LANGUAGE AND ITS

VAGUENESS WITH REGARDS TO THE SPECIFIC THINGS THAT THE BANK WILL HAVE TO

DO IN CONDUCTING BUSINESS WITH THEM.

MS. LEE: WELL, WE WOULD NEVER WANT TO TELL THE

BANKS WHAT KINDS OF PRODUCTS THEY ARE GOING TO SERVE TO A SPECIFIC --

WHEN IT COMES TO, LIKE, LENDING AND OTHER THINGS THAT REQUIRE RISK

ASSESSMENTS, SO THAT IS NOT PART OF THIS BILL. THIS BILL ALLOWS FOR -- YOU

KNOW, CALLS FOR BANKS TO ALLOW CUSTOMERS TO OPEN BANK ACCOUNT -- OPEN

CUSTOMER ACCOUNTS WHICH ARE -- REALLY WHAT WE'RE ASKING FOR IS A

CHECKING ACCOUNT.

MR. BLUMENCRANZ: SO IF I'M A BANKING

INSTITUTION HERE IN NEW YORK STATE AND I FEEL UNCOMFORTABLE WITH THIS

PIECE OF LEGISLATION, CAN I MAKE A COMPANY POLICY TO NOT ONLY A REQUIRE

AN IDENTIFICATION AND NEXT OF KIN, BUT ALSO IN NEW YORK STATE

SPECIFICALLY REQUIRE A SOCIAL SECURITY NUMBER?

MS. LEE: NOT -- NOT WITH THIS BILL.

MR. BLUMENCRANZ: WELL, OF COURSE. BUT MY

QUESTION IS, IS CAN A BANK DO THAT IN ORDER TO GET AROUND THE QUESTIONS

INVOLVED WITH WHAT THEY MAY OR MAY NOT BE ABLE TO SELL TO AN

INDIVIDUAL WITHOUT SUFFICIENT INFORMATION?

(PAUSE)

MS. LEE: SO, I'M NOT EXACTLY SURE WHAT YOU'RE

GETTING TO WITH WHAT QUESTIONS PEOPLE WOULD HAVE ABOUT THEIR IDENTITY.

NYS ASSEMBLY JUNE 4, 2024

I THINK WE'VE ALREADY ADDRESSED A LOT OF THOSE IN YOUR EARLIER

QUESTIONING. BUT ANY PROCESS FOR IMPLEMENTATION WOULD BE LED BY THE

DEPARTMENT OF FINANCIAL SERVICES ONCE THIS BILL HAS BEEN SIGNED INTO

LAW.

MR. BLUMENCRANZ: MY QUESTION IS THAT IF BANKS

BECOME INCREASINGLY UNCOMFORTABLE WITH THE LANGUAGE IN THIS

LEGISLATION, CAN THEY JUST CHANGE COMPANY POLICY SO THEY'D REQUIRE

MORE THAN JUST THE TWO PIECES OF INFORMATION THAT WE'VE TALKED ABOUT

TODAY IN ORDER TO OPEN AN ACCOUNT?

MS. LEE: I -- I DON'T THINK THE POINT IS WHAT -- WHY

WOULD THE BANKS BECOME INCREASINGLY UNCOMFORTABLE WITH -- I'M

HAVING A HARD TIME UNDERSTANDING THE HYPOTHETICAL SITUATION.

MR. BLUMENCRANZ: WE'RE -- WE'RE FACING A

CRISIS OF UNDOCUMENTED INDIVIDUALS, MANY OF WHICH MAY OR MAY NOT

HAVE FALSE DOCUMENTATION THEY'RE USING TO GET THE NEW YORK CITY ID

THROUGH A PROCESS WE DON'T FULLY HAVE GRIP ON AS A STATE, AS A

LEGISLATURE. WE DON'T HAVE THE ABILITY TO SEE WHAT THAT PROCESS OR

OVERSIGHT OVER THAT PROCESS, AND NOW WE'RE ALLOWING AND APPROVING OF

THAT PROCESS TO BE A WAY IN WHICH WE CAN CREATE LIABILITIES FOR OUR

INSTITUTIONS THAT ARE PROVIDING BANKING SERVICES TO ALL NEW YORKERS.

MS. LEE: I MEAN, THE BANKING INSTITUTIONS THAT

ALREADY ACCEPT A NEW YORK CITY ID DO NOT CONSIDER THIS TO BE A

LIABILITY. IT HAS EXPANDED THEIR -- THE NUMBER OF CUSTOMERS THAT THEY

CAN REACH, IT HAS ENHANCED THEIR BANKING SERVICES TO UNDER-BANKED

COMMUNITIES, AND HAS BEEN OVERALL A HUGE POSITIVE TO THE BANKING

NYS ASSEMBLY JUNE 4, 2024

INSTITUTIONS THAT -- THAT ACCEPT THE PRIMARY -- IDNYC AS A PRIMARY FORM

OF IDENTIFICATION. SO I DON'T KNOW WHERE YOUR HYPOTHETICAL -- YOUR -- I

DON'T THINK YOUR HYPOTHETICAL SITUATION IS REALLY BASED IN REALITY.

MR. BLUMENCRANZ: IT'S NOT NECESSARILY A REALITY

AS MUCH AS IT IS THE QUESTION OF WHETHER OR NOT A VIOLATION OF THIS BILL

BY CREATING A HIGHER STANDARD FOR DOING BUSINESS WITH SOMEONE WOULD

BE A VIOLATION.

MS. LEE: CAN YOU SAY THAT ONE MORE TIME? WHAT'S

-- WHAT WAS --

MR. BLUMENCRANZ: WOULD -- I'M JUST TRYING TO

UNDERSTAND, WOULD THAT BE A VIOLATION OF THIS PIECE OF LEGISLATION IF THEY

HAD CREATED A HIGHER STANDARD SO THAT THIS WAS EFFECTIVELY MEANINGLESS

FOR THEM BECAUSE THEY DON'T JUST REQUIRE AN ID AND A NEXT OF KIN TO

OPEN AN ACCOUNT, THEY ALSO REQUIRE A SOCIAL SECURITY NUMBER OR

ANOTHER PIECE OF INFORMATION THAT AN UNDOCUMENTED PERSON MAY OR

MAY NOT HAVE?

MS. LEE: THIS BILL ALLOWS FOR SOMEONE WITH A VALID

IDNYC AND A NEXT OF KIN ADDRESS TO BE ABLE TO OPEN A BANK ACCOUNT.

MR. BLUMENCRANZ: ONE MORE QUESTION. WHEN

IT COMES TO DIGITAL BANKING, COMPLETELY ONLINE PLATFORMS, WOULD THEY

ALSO BE REQUIRED UNDER THIS PIECE OF (INAUDIBLE) OR SPECIFICALLY

BRICK-AND-MORTAR? THE SAME WITH CRYPTOBANKING, THOSE WITH

BITWALLETS HERE IN NEW YORK STATE. WOULD THEY BE REQUIRED TO ONLY

ACCEPT THIS?

MS. LEE: SO, THIS BILL PERTAINS TO STATE-CHARTERED

NYS ASSEMBLY JUNE 4, 2024

FINANCIAL INSTITUTIONS, INTERSTATE -- INTERSTATE BRANCHES AND FOREIGN

BANKING CORPORATIONS THAT ARE LICENSED BY THE DFS.

MR. BLUMENCRANZ: SO IF SOMEONE HAS A

BITLICENSE UNDER NEW YORK STATE LAW AND ARE A FINANCIAL INSTITUTION,

THROUGH THAT AVENUE THEY WOULD ALSO BE REQUIRED TO ACCEPT THIS AS A

FORM OF IDENTIFICATION TO BUY AND SELL CRYPTOCURRENCIES?

MS. LEE: WE'RE TALKING ABOUT BANKS, NOT

BITLICENSES.

MR. BLUMENCRANZ: THEY'RE FINANCIAL

INSTITUTIONS --

MS. LEE: SO THEY WERE NOT -- THEY DON'T

(INAUDIBLE/CROSSTALK) --

MR. BLUMENCRANZ: -- WHO HAVE THOSE AND

PROVIDE ONLINE DIGITAL PLATFORMS IN WHICH YOU CAN PERFORM THOSE

SERVICES. WILL THEY BE REQUIRED, THOSE ONLINE SERVICES, TO DO THAT?

MS. LEE: IF THEY ARE A STATE-CHARTERED FINANCIAL

INSTITUTION, INTERSTATE BRANCH, FOREIGN BANKING CORPORATION LICENSED BY

THE SUPERINTENDENT, THEY WOULD FALL UNDER THIS BILL.

MR. BLUMENCRANZ: ALL RIGHT. THANK YOU VERY

MUCH.

MS. LEE: THANK YOU.

ACTING SPEAKER EACHUS: READ THE LAST

SECTION.

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

DAY.

NYS ASSEMBLY JUNE 4, 2024

ACTING SPEAKER EACHUS: A PARTY VOTE HAS

BEEN REQUESTED.

MS. WALSH.

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

MINORITY CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS PIECE OF

LEGISLATION, BUT IF MEMBERS WISH TO VOTE IN THE AFFIRMATIVE THEY CAN DO

SO AT THEIR DESKS. THANK YOU.

ACTING SPEAKER EACHUS: MS. SOLAGES.

MS. SOLAGES: THE MAJORITY CAUCUS -- THE

MAJORITY CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE, AND THOSE WHO

WISH TO VOTE IN THE NEGATIVE CAN DO SO AT THEIR DESK.

ACTING SPEAKER EACHUS: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. CURRAN TO EXPLAIN YOUR VOTE.

MR. CURRAN: THANK YOU, MR. SPEAKER. I HAVE NO

DOUBT THAT THE SPONSOR'S INTENTIONS ON -- ON -- ON HELPING INDIVIDUALS

OPEN BANK ACCOUNTS, MAKE IT EASIER HERE IN NEW YORK STATE, THE

PROBLEM IS WE'RE NOT LOOKING AT THE OTHER SIDE. THE SPONSOR SAYS SHE

DIDN'T UNDERSTAND WHY BANKS WOULD BE SO HESITANT ABOUT THIS

LEGISLATION, AND THE BARE BONES OF IT IS WE'RE REQUIRING BANKS TO ACCEPT

A LOWER FORM OF ID AND JEOPARDIZING THEM AND POSSIBLY BEING IN

VIOLATION OF FEDERAL REGULATIONS THAT ARE GOING TO COST THEM THOUSANDS

OF DOLLARS, AND A -- AND A LETTER FROM THE SUPERINTENDENT OF DFS ISN'T

GOING TO GET THEM OUT OF THAT VIOLATION. SO WE'RE NOT LOOKING AT IT ON

NYS ASSEMBLY JUNE 4, 2024

THE OTHER SIDE AND THE RISKS THAT WE'RE PLACING ON BANKS THROUGH THIS

LEGISLATION.

FOR THAT REASON I AM VOTING IN THE NEGATIVE, MR.

SPEAKER. THANK YOU.

ACTING SPEAKER EACHUS: MR. CURRAN IN THE

NEGATIVE.

MR. BLUMENCRANZ TO EXPLAIN YOUR VOTE.

MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER, ON

THE BILL. I -- I ALSO APPRECIATE THE -- THE SPONSOR'S EFFORTS HERE. THERE

ARE ONE TOO MANY UN-BANKED INDIVIDUALS, AND NEW YORK STATE LOSES

OUT WHEN THOSE INDIVIDUALS CAN'T GET SETTLED AND PROVIDE THE BANKING

SERVICES THEY MAY NEED TO -- TO FLOURISH HERE IN NEW YORK. BUT WE, AS

A STATE BODY, DO NOT HAVE OVERSIGHT OVER THIS NEW YORK STATE [SIC] ID

PROCESS. WE ARE IN THE MIDDLE OF A CRISIS WHERE THOUSANDS OF

UNDOCUMENTED INDIVIDUALS FROM ALL OVER THE WORLD ARE ENTERING NEW

YORK STATE. THEY ARE MORE THAN HAPPY AT THESE -- THESE HOUSING

FACILITIES TO PROVIDE THESE PEOPLE WITH IDS. I THINK ALL OF US HAVE SEEN

THAT CLEAR AS DAY. AND NOW WE'RE FORCING OUR BANKING INSTITUTIONS TO

ACCEPT THESE PEOPLE ON, YOU KNOW, THE FACE VALUE OF THAT PROCESS

WHICH WE DON'T HAVE OVERSIGHT OVER AND HAVE NOT HAD A CONVERSATION

ABOUT. AND US IN -- ON LONG ISLAND IN WESTCHESTER, THERE -- THERE WILL

BE CONCERNS THAT THESE INDIVIDUALS WILL BE ABLE TO SETTLE HERE EVEN

FASTER AND THAT'S A SERIOUS CONCERN. WE ALREADY DON'T ALLOW FOR

FINANCIAL INSTITUTIONS TO SEE CERTAIN TYPES OF DEBT. WE CONTINUE TO

MAKE IT EVEN HARDER TO UNDERWRITE ON CERTAIN FINANCIAL PRODUCTS IN

NYS ASSEMBLY JUNE 4, 2024

NEW YORK STATE, AND NOW WE ALLOW FOR UNDOCUMENTED INDIVIDUALS.

IT'S -- IT'S JUST ANOTHER STEP IN THE WRONG DIRECTION WHEN IT COMES TO

MAKING A MORE SECURE, MORE FREE, MORE OPEN MARKETPLACE WITH LESS

LIABILITIES FOR EXISTING CUSTOMERS.

AND WHILE I HAVE CONCERNS, I LOOK FORWARD TO

SPEAKING WITH THE BANKS THAT DO CURRENTLY DO THIS AND I LOOK FORWARD TO

SPEAKING WITH THE SPONSOR. BUT IN ANY CASE, I WILL STILL BE IN THE

NEGATIVE. THANK YOU.

ACTING SPEAKER EACHUS: MR. BLUMENCRANZ IN

THE NEGATIVE.

MS. CRUZ TO EXPLAIN YOUR VOTE.

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

COMMEND THE SPONSOR OF THE BILL. I WORKED ON THE IMPLEMENTATION OF

THE IDNYC AND WAS ACTUALLY PART OF THE NEGOTIATION TEAM THAT LANDED

ON THE DIFFERENT STEPS THAT WE TAKE TO SECURE THE INFORMATION TO ENSURE

THAT THE INFORMATION IS ACCURATE. WE WORKED WITH THE NYPD, WE

WORKED WITH SEVERAL BANKING INSTITUTIONS. AS A MATTER OF FACT, MELROSE

CREDIT UNION, NEIGHBORHOOD TRUST FEDERAL CREDIT UNION, P&C BANK,

WHICH IS A NATIONAL BANK, ALL ACCEPTED BECAUSE THE WAY THAT THE

INFORMATION IS COLLECTED, KEPT, IS SECURE. THE KINDS OF DOCUMENTS THAT

ARE REQUIRED IN ORDER TO GET AN IDNYC ARE AKIN TO WHAT WE DID WITH

GREEN LIGHT SEVERAL YEARS AGO HERE. AND I JUST WANT TO REMIND OUR

COLLEAGUES THAT PEOPLE COULD GO -- WHO ARE UNDOCUMENTED COULD GO

GET A DRIVER'S LICENSE AND STILL OPEN UP A BANK ACCOUNT. WHAT THIS DOES

IS ACTUALLY ALLOW PEOPLE WHO CANNOT AFFORD TO PAY FOR THAT

NYS ASSEMBLY JUNE 4, 2024

IDENTIFICATION. WHEN WE WORKED ON THE IMPLEMENTATION, WE ACTUALLY

HAD SENIORS, I REMEMBER SPECIFICALLY THE STORY OF AN ELDERLY WOMAN

FROM THE CAROLINAS WHO LOST HER BIRTH CERTIFICATE, COULD NOT AFFORD TO

GET A NEW ONE AND, THEREFORE, COULD NOT GET A REGULAR STATE ID. AND

THE IDNYC ALLOWED HER TO HAVE THAT POSSIBILITY, AND IT'S GONNA ALLOW

THOUSANDS OF PEOPLE TO DO THE SAME THING.

AND THE LAST THING I WILL SAY IS, WE WANT TO TALK A LOT

ABOUT THE MIGRANTS AND THEY SHOULD GET A JOB. WELL, WHERE ARE THEY

SUPPOSED TO KEEP THEIR MONEY? HOW -- UNDER THEIR MATTRESS? WE

WANT THEM TO KEEP IT SECURE. WE WANT THEM TO BE ABLE TO CONTRIBUTE TO

OUR COMMUNITY. WE WANT THEM TO BE ABLE TO PURCHASE THINGS. THIS IS

THE EASIEST WAY TO DO IT; ALLOW THEM TO USE A FORM OF IDENTIFICATION THAT

FOR THE LAST TEN YEARS OR SO HAS BEEN USED AT THE CITY OF NEW YORK TO

OPEN UP ACCOUNTS AND TO -- AND ACTUALLY ACCEPTED BY THE NYPD IN

ORDER TO SHOW US WHO THEY ARE, CONTRIBUTE TO THE COMMUNITY AND ALLOW

POOR PEOPLE TO GET AN IDENTIFICATION.

I'M GOING TO BE VOTING IN THE AFFIRMATIVE. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER EACHUS: MS. CRUZ IN THE

AFFIRMATIVE.

MR. NOVAKHOV TO EXPLAIN YOUR -- YOUR VOTE.

MR. NOVAKHOV: THANK YOU, MR. SPEAKER.

UNFORTUNATELY, I CANNOT BE IN THE AFFIRMATIVE BECAUSE THIS LEGISLATION

MIGHT HAVE VERY SET CONSEQUENCES SUCH AS A BANK FRAUD. AND BECAUSE

THE NEW YORK CITY ID, NEW YORK CITY CARD, CAN BE ISSUED TO A

NYS ASSEMBLY JUNE 4, 2024

HOMELESS PERSON AND THAT IS LISTED IN THE RULES OF REQUIREMENTS FOR THE

NEW YORK CITY CARD, BY THE WAY, WITHOUT EVEN PROVIDING THE ADDRESS,

ANYONE CAN USE THE HOMELESS PERSON TO OPEN A BANK ACCOUNT AND THEN

DO FRAUDULENT ACTIVITY WITH THAT BANK ACCOUNT.

SO FOR THAT REASON I THINK IT'S A VERY DANGEROUS

LEGISLATION AND I'M IN THE NEGATIVE. AND I THINK WE HAVE TO RETHINK

THIS. I UNDERSTAND THE GOOD INTENTIONS OF THE SPONSOR OF THIS

LEGISLATION, BUT I THINK THAT WE -- WE JUST CAN'T AFFORD IT RIGHT NOW.

THANK YOU SO MUCH. THANK YOU, MR. SPEAKER.

ACTING SPEAKER EACHUS: MR. NOVAKHOV IN

THE NEGATIVE.

MS. LEE TO EXPLAIN YOUR VOTE.

MS. LEE: THANK YOU, MR. SPEAKER. IN NEW YORK,

SOME OF OUR MOST VULNERABLE COMMUNITIES LACK FINANCIAL SECURITY

BECAUSE THEY DON'T HAVE IDS THAT BANKS AND OTHER FINANCIAL INSTITUTIONS

WILL ACCEPT. WITHOUT TRADITIONAL BANKING SERVICES, MANY VULNERABLE

INDIVIDUALS HAVE TO LIVE CASH PAYCHECK TO CASH PAYCHECK, AND MANY

ARE FORCED TO RELY ON HIGH-INTEREST CHECK CASHING FIRMS WHERE MUCH OF

THEIR HARD-EARNED MONEY IS LOST. EVEN WORSE, THEY CAN FALL VICTIM TO

PREDATORY LENDERS AND LOAN SHARKS. THE IDNYC PROGRAM WAS CREATED

TO FIX THIS. IT GIVES VULNERABLE NEW YORKERS ACCESS TO A VERIFIED

LEGITIMATE FORM OF IDENTIFICATION. TO DATE, IT IS USED BY OVER 2 MILLION

NEW YORKERS. IDNYC HAS ALREADY BUILT A REPUTATION AS AN

ESTABLISHED, TRUSTWORTHY FORM OF ID. THE FEDERAL REVERSE, THE

TREASURY DEPARTMENT, THE FDIC AND THE OCC ALL HAVE AFFIRMED

NYS ASSEMBLY JUNE 4, 2024

IDNYC CAN BE USED TO VERIFY A CUSTOMER'S IDENTITY. TO FULLY BENEFIT

VULNERABLE NEW YORKERS, HOWEVER, IDNYC NEEDS TO BE ACCEPTED AS A

VALID FORM OF ID AT BANKS. WHILE OVER A DOZEN BANKS AND FINANCIAL

INSTITUTIONS IN NEW YORK ALREADY ACCEPT IDNYC, MANY DO NOT. THIS

BILL WILL HELP SOME OF THE MOST VULNERABLE IN OUR COMMUNITIES AND OUR

STATE GROW PROTECTED SAVINGS, ACCESS LOANS AND CREDIT CARDS, AND BUILD

A BETTER FUTURE FOR THEMSELVES AND THEIR FAMILIES. IN TURN, IT WILL ALSO

HELP SUPPORT BANKING INSTITUTIONS BY HELPING ESTABLISH NEW

RELATIONSHIPS AND REACH NEW MARKETS OF EMERGING CLIENTS.

I WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER EACHUS: MS. LEE IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 46, CALENDAR NO. 336, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08999-C, RULES

REPORT -- CALENDAR NO. 336, TAPIA, STIRPE, DICKENS, WEPRIN, TAYLOR,

BURDICK, ALVAREZ, ARDILA, EPSTEIN, CRUZ, WILLIAMS, DAVILA, HYNDMAN,

LUCAS, REYES, CUNNINGHAM. AN ACT TO AMEND THE BANKING LAW, IN

RELATION TO PROHIBITING FEES FOR BENEFIT BANKING SERVICES.

ACTING SPEAKER EACHUS: ON A MOTION BY MS.

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

ADVANCED.

AN EXPLANATION HAS BEEN REQUESTED.

NYS ASSEMBLY JUNE 4, 2024

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

PROHIBITS BANKS, CREDIT UNIONS AND ATM OPERATORS FROM CHARGING

SERVICE AND OTHER FEES ON THE USE OF ELECTRONIC BENEFITS TRANSFER CARDS,

EBTS. BENEFIT TRANSFER -- TRANSFER CARDS ARE USED BY VULNERABLE NEW

YORKERS WHO RECEIVE PUBLIC ASSISTANCE LIKE FOOD STAMPS, EMPLOY --

UNEMPLOYMENT BENEFITS AND MEDICAL ASSISTANCE, AMONG OTHERS.

ALLOWING FEES ON PUBLIC ASSISTANCE TRANSACTIONS AND UNEMPLOYMENT

BENEFITS IS UNFAIR TO BOTH THE INDIVIDUAL IN NEED AND THE TAXPAYERS WHO

PROVIDE THE FUNDING.

ACTING SPEAKER EACHUS: MR. CURRAN.

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

SPONSOR YIELD FOR A COUPLE OF QUESTIONS -- QUESTIONS?

ACTING SPEAKER EACHUS: WILL THE SPONSOR

YIELD?

MS. TAPIA: YES, I DO.

ACTING SPEAKER EACHUS: THE SPONSOR YIELDS.

MR. CURRAN: THANK YOU VERY MUCH. SO, IN

READING YOUR SPONSORSHIP MEMO, THE GENESIS OF THIS LEGISLATION CAME

OUT OF KEYBANK AND THE PROBLEMS THAT WERE ASSOCIATED DURING THE

PANDEMIC.

MS. TAPIA: YES.

MR. CURRAN: AND SPECIFICALLY, DURING THE

PANDEMIC KEYBANK WAS CONTRACTED UNDER THE STATE TO PROVIDE BANKING

SERVICES FOR PEOPLE WITH PUBLIC ASSISTANCE AND ALSO UNEMPLOYMENT

INSURANCE, AND AT THAT TIME IT WAS FOUND THAT THERE WAS VERY FEW -- FEW

NYS ASSEMBLY JUNE 4, 2024

MACHINES FOR KEYBANK AND THAT THEY WERE ALSO CHARGING, I BELIEVE IT

WAS $1.50 TO 3.50 IN FEES EVERY TIME THEY USED THE -- THE MACHINES,

CORRECT?

MS. TAPIA: YES, THAT'S CORRECT.

MR. CURRAN: AND -- AND -- AND YOUR -- I CAN

UNDERSTAND WHY THIS LEGISLATION WAS BROUGHT FORWARD. IF I REMEMBER

CORRECTLY, THERE WAS AT LEAST THREE OR FOUR NEWS ARTICLES ON KEYBANK'S

FAILURE TO -- TO ACTUALLY, YOU KNOW, PROVIDE PROPER SERVICE UNDER THE

CONTRACT IN THOSE -- DURING THE PANDEMIC. SO I -- SO I UNDERSTAND THAT.

BUT -- BUT LET ME JUST ASK YOU THIS: KEYBANK NO LONGER PROVIDE -- IS

NOT THE CONTRACTED VENDOR FOR PUBLIC ASSISTANCE AND UNEMPLOYMENT

INSURANCE RIGHT NOW, CORRECT? IT'S A -- IT'S A COMPANY BY THE NAME OF

CONDUENT, IF I SAID THAT CORRECTLY?

MS. TAPIA: THE CONDUENT -- I THINK SO.

MR. CURRAN: YEAH. AND I -- I BELIEVE KEYBANK'S

CONTRACT RAN OUT JUNE 2023 AND CONDUENT IS THE NEW VENDOR. NOW,

UNDER -- WITH CONDUENT, PUBLIC ASSISTANCE RECIPIENTS AND

UNEMPLOYMENT INSURANCE RECIPIENTS CAN MAKE TRANSFERS AND

WITHDRAWALS WITH -- WITHOUT ANY CHARGE TODAY, CORRECT?

MS. TAPIA: TODAY?

MR. CURRAN: YES.

(PAUSE)

I'M SORRY, MAYBE -- I'M SORRY, CAN I -- CAN I JUST -- LET

ME JUST CHANGE THAT UP. RIGHT NOW THEY CAN -- THEY ARE GIVEN A CARD

AND THEY CAN ACCESS MACHINES, ATM MACHINES BY ALLPOINT AND

NYS ASSEMBLY JUNE 4, 2024

MONEYPASS ATM MACHINES, THAT DO NOT CHARGE ANYTHING IN WITHDRAWAL

OR DEPOSIT FEES, CORRECT?

MS. TAPIA: I THINK THAT'S CORRECT, YES.

MR. CURRAN: ALL RIGHT. DO YOU KNOW HOW MANY

ALLPOINT ATMS THERE ARE IN NEW YORK STATE?

MS. TAPIA: NO, I DON'T HAVE -- I DON'T HAVE THAT.

MR. CURRAN: AND -- AND TO BE HONEST, NEITHER DO

I. THE BEST THAT I COULD FIND IS THERE'S 550,000 ALLPOINT MACHINES

U.S.-WIDE, BUT THAT GIVES YOU SOME TYPE OF CONTEXT, WITH NEW YORK

BEING ONE OF ITS BIGGEST AREAS.

DO YOU KNOW HOW MANY MACHINES -- MONEYPASS

MACHINES, ATMS, THERE ARE IN NEW YORK STATE?

MS. TAPIA: NO.

MR. CURRAN: OKAY. WHAT I GOT WAS IS THAT THERE

IS 70,000 IN NEW YORK STATE. SO I GUESS MY POINT IS BEFORE, WHEN

THERE WAS A VERY LIMITED NUMBER OF MACHINES THAT PUBLIC ADMIN --

PUBLIC ASSISTANCE RECIPIENTS AND UNEMPLOYED INSURANCE RECIPIENTS

COULD USE, THAT'S STILL NOT THE CASE UNDER THIS NEW CONTRACTOR; IS THAT FAIR

TO SAY?

(PAUSE)

MS. TAPIA: YEAH, THAT'S -- IT MIGHT BE, BUT I MEAN,

THIS BILL DOES REQUIRE THAT NO FEES ARE CHARGED. NO FEES AT ALL.

MR. CURRAN: RIGHT. WELL, BUT UNDER THOSE TYPES

OF MACHINES, THOSE MACHINES THAT WE JUST TALKED ABOUT, THEY DO NOT GET

CHARGED. SO NOW IF YOU EXPAND IT OUT, WHAT THIS BILL ALSO DOES IS IT

NYS ASSEMBLY JUNE 4, 2024

OPENS UP EVERY SINGLE BANK FOR A RECIPIENT OF PUBLIC ASSISTANCE FUNDS

AND UNEMPLOYMENT INSURANCE TO GO TO ANY BANK, USE THEIR CARD AND NOT

GET CHARGED ANY FEE; IS THAT FAIR TO SAY?

MS. TAPIA: THAT'S CORRECT.

MR. CURRAN: ALL RIGHT. SO, BEFORE WHEN -- WITH

KEYBANK, THE ARGUMENT WAS THAT THERE WASN'T ENOUGH MACHINES. NOW

UNDER THE NEW CONTRACT I THINK WE CAN AGREE THAT THERE IS A

SIGNIFICANTLY -- MANY MORE MACHINES AVAILABLE TO P -- TO PUBLIC

ASSISTANCE AND UNEMPLOYMENT RECIPIENTS, CORRECT? SO THAT PART OF IT IS

OUT. BUT WE'RE OPENING THIS UP TO ADDITIONAL BANKS, OTHER BANKS THAT

CURRENTLY WOULD ASSESS A FEE IF A PERSON COMES IN OUT OF THEIR NETWORK.

SO IF A WEBSTER BANK PERSON GOES TO A CHASE BANK AND USED THEIR CARD

AT THE CHASE BANK, THEY GET ASSESSED A FEE. UNDER THIS BILL, A -- A

PERSON THAT QUALIFIES UNDER PUBLIC ASSISTANCE AND UNEMPLOYMENT, THEY

CAN GO TO ANY BANK AND NOT GET ASSESSED, FAIR?

MS. TAPIA: THAT'S CORRECT.

MR. CURRAN: SO I GUESS MY QUESTION IS THIS: SO IF

WE HAVE, SINCE THE ORIGINS OF THIS BILL, CORRECTED THE NUMBER OF

MACHINES THAT ARE AVAILABLE TO RECIPIENTS OF PUBLIC ASSISTANCE AND

UNEMPLOYMENT INSURANCE TO ACCESS MACHINES THAT DO NOT CHARGE

ANYTHING, WHY ARE WE EXPANDING IT OUT TO EVERY SINGLE BANK?

MS. TAPIA: BECAUSE, I MEAN, THERE ARE -- THERE ARE

VULNERABLE COMMUNITIES, ESPECIALLY IN THE CITY OF NEW YORK, THAT DON'T

HAVE ACCESS TO BANKS AND THEY DON'T HAVE THE ABILITY TO GET TO WHERE

THOSE BANKS ARE, THOSE OTHER ATM MACHINES AND BANKS THAT -- THAT

NYS ASSEMBLY JUNE 4, 2024

WOULD CHARGE FOR THE BENEFITS, YES.

MR. CURRAN: OKAY. IS THERE -- AND -- AND JUST

FORGIVE ME BECAUSE I DON'T KNOW THE ANSWER TO THIS. IS THERE ANY OTHER

FEES OTHER THAN, SAY, TRANSACTIONAL FEES OF BEING OUT OF DIS --

OUT-OF-NETWORK? IS THERE ANY OTHER FEES THAT A PERSON WHO IS NOT A

RECIPIENT OF PUBLIC ASSISTANCE OR UNEMPLOYMENT INSURANCE THAT COULD

GET ASSESSED AT ONE OF THESE MACHINES THAT UNDER THIS BILL A RECIPIENT OF

PUBLIC ASSISTANCE AND UNEMPLOYMENT INSURANCE WOULDN'T GET ASSESSED?

SAY, AN OVERDRAFT FEE.

MS. TAPIA: OVERDRAFT? (INAUDIBLE)

(PAUSE)

OKAY. THIS BILL WILL ALSO PROHIBIT THE BILLS -- THE -- THE

FEES FOR THE OVERDRAFT.

MR. CURRAN: THE OTHER FEES.

MS. TAPIA: YES.

MR. CURRAN: ALL RIGHT. SO I GUESS MY QUESTION IS

THIS: YOU HAVE A CONSTRUCTION WORKER THAT -- THAT IS A LOYAL BANKER AT

WEBSTER BANK AND GOES TO WORK AND THE ONLY BANK IN THAT ENTIRE AREA

IS A CHASE BANK AND HE TAKES HIS CARD AND HE GOES TO CHASE BANK AND

HE OVERDRAWS. HE'S GONNA GET ASSESSED A TRANSACTIONAL FEE FOR BEING

OUT OF -- OUT-OF-NETWORK, HE'S GONNA GET ASSESSED AN OVERDRAFT FEE.

WHY IS HE GETTING ASSESSED THOSE FEES, A GUY WHO JUST GOT UP TO GO TO

HIS JOB EVERY DAY, WHERE AT THE VERY SAME TIME A PERSON WHO CAN USE A

CARD FOR PUBLIC ASSISTANCE AND UNEMPLOYMENT INSURANCE WOULD NOT

INCUR THE SAME FEES?

NYS ASSEMBLY JUNE 4, 2024

(PAUSE)

MS. TAPIA: I THINK -- I MEAN, THIS BILL IS JUST -- IS

JUST DIRECTLY TO THE PEOPLE THAT ARE -- THAT ARE LOWER-INCOME FAMILIES FOR

-- TO NOT TO GET THOSE CHARGES. BUT WE ARE NOT TALKING ABOUT THE OTHER --

THE OTHER PEOPLE IN THE COMMUNITY.

MR. CURRAN: I UNDERSTAND. AND -- AND I AGREE

WITH YOUR -- THE INTENT OF THE BILL. I JUST THINK --

MS. TAPIA: THE INTENT. YEAH, THE INTENT OF THE BILL

IS JUST --

MR. CURRAN: I THINK WE'RE SETTING UP A SCHEME

WHERE WE'RE NOT HELPING -- WE'RE NOT HELPING THE PEOPLE THAT REALLY

NEED IT AS MUCH AS WE ARE -- WE ARE -- WE'RE PICKING AND CHOOSING

PEOPLE TO HELP HERE.

HERE'S WHAT I ALSO WOULD ASK YOU: DID YOU HAVE ANY

CONVERSATIONS WITH EITHER BANKS OR CREDIT UNIONS ABOUT WHAT TYPE OF

ADJUSTMENTS TO THEIR ATMS WOULD BE REQUIRED TO ACCEPT NO

TRANSACTIONAL FEES ON -- ON EITHER PUBLIC ASSISTANCE DEBIT CARDS OR

UNEMPLOYMENT INSURANCE CARDS?

MS. TAPIA: I DON'T -- WE HAVE NOT.

MR. CURRAN: SO --

MS. TAPIA: WE HAVE NOT RECEIVED ANY CONCERNS

FROM THEM, NO. NOT YET.

MR. CURRAN: SO WE HAVE NO IDEA HOW MUCH IT'S

GONNA COST A BANK OR A FINANCIAL INSTITUTION OR A CREDIT UNION TO CHANGE

OVER THEIR ATMS TO ACCEPT THESE CARDS?

NYS ASSEMBLY JUNE 4, 2024

MS. TAPIA: THEY HAVEN'T TOLD US ANYTHING ABOUT IT,

NO.

MR. CURRAN: AND DO WE EVEN KNOW THAT IT'S

POSSIBLE FOR THEM TO ACTUALLY MAKE AN EXCEPTION FOR JUST PUBLIC

ASSISTANCE AND UNEMPLOYMENT INSURANCE CARDS TO BE EXEMPT FROM

THOSE ATM FEES?

MS. TAPIA: MANY ATMS ARE ALREADY -- ALREADY

DOING IT.

MR. CURRAN: WHAT -- WHAT ATMS ARE DOING IT? I

MEAN, OTHER THAN THE ONES THAT I'VE ALREADY TALKED ABOUT, AND THAT BEING

ALLPOINT AND MONEYPASS.

MS. TAPIA: EXACTLY THE ONES THAT YOU WERE

MENTIONING.

MR. CURRAN: OKAY.

MS. TAPIA: THOSE ARE THE ONES THAT ARE DOING IT

ALREADY.

MR. CURRAN: BUT -- BUT THOSE ARE NOT BANKING

INSTITUTION ATMS. I'M TALKING ABOUT BANKING INSTITUTION ATMS. SO WE

HAVE NO IDEA HOW A BANK, IF A BANK CAN ACTUALLY MODIFY ITS COMPUTER

PROGRAM AND ATMS TO EXEMPT THESE SPECIFIC CARDS?

(PAUSE)

MS. TAPIA: WE HAVE NO EVIDENCE THAT THAT'S -- THIS

IS GONNA BE AN ISSUE AND THEY HAVEN'T COME TO US TO TALK ABOUT AND SEE

IF THEY [SIC] GONNA HAVE ANY --

MR. CURRAN: THANK YOU. THANK YOU VERY MUCH.

NYS ASSEMBLY JUNE 4, 2024

THANK YOU, MR. SPEAKER, THANK YOU TO THE SPONSOR FOR HER ANSWERS.

ON THE BILL.

ACTING SPEAKER EACHUS: ON THE BILL, MR.

CURRAN.

MR. CURRAN: SO, AGAIN, I -- I -- YOU KNOW, I AGREE

WITH THE INTENT OF THE SPONSOR AND WHAT SHE'S TRYING TO ACCOMPLISH

HERE, BUT WHAT WE'RE DOING IS IT RISES OUT OF A CERTAIN SITUATION AND A

CERTAIN PROBLEM THAT EXISTED WITH KEYBANK DURING THE PANDEMIC.

KEYBANK IS NO LONGER PROVIDING -- IS NOT A STATE VENDOR, IS NOT

PROVIDING THOSE SERVICES. AND THE TWO PROBLEMS THAT THEY HAD WITH IT

WAS CHARGING TRANSFER FEES EVERY TIME THEY USED IT, AND NOT HAVING

ENOUGH MACHINES. UNDER THE NEW VENDOR, BOTH OF THOSE PROBLEMS

HAVE BEEN SOLVED. AS I HAD SAID AND SHOWN, THERE IS -- THERE IS MANY

MORE MACHINES AVAILABLE TO PUBLIC ASSISTANCE -- PEOPLE RECEIVING

PUBLIC ASSISTANCE AND UNEMPLOYMENT INSURANCE TO ACCESS THEIR MONEY

WITH THESE CARDS AT NO TRANSACTIONAL FEES AT THOSE MACHINES ALONE.

NOW, IF YOU'RE GONNA SPAN IT OUT TO OTHER BANKS, AGAIN, WE ARE DOING

SOMETHING AND ASKING BANKS TO COMPLY WITH SOMETHING THAT WE HAVE

NO IDEA WHETHER OR NOT THEY CAN EVEN DO. THEY HAVE TO ACTUALLY TRY TO

AMEND THEIR COMPUTER PROGRAM WITH ATMS TO EXEMPT THESE SPECIFIC

CARDS, AND WE HAVE NO IDEA HOW MUCH THAT'S GONNA COST BANKS, WE

DON'T KNOW IF THEY CAN ACTUALLY EVEN DO IT. AND AGAIN, JUST THE

FUNDAMENTAL UNFAIRNESS OF WHAT THIS BRINGS UP. IN MY EXAMPLE, OF

COURSE WE ARE GOING TO TRY TO MAKE SURE THAT PEOPLE WHO ARE ON PUBLIC

ASSISTANCE OR UNEMPLOYMENT INSURANCE SHOULD NOT HAVE TO INCUR FEES,

NYS ASSEMBLY JUNE 4, 2024

BUT THEY DON'T UNDER CERTAIN MACHINES. BUT WE'RE NOT STOPPING THERE.

WE'RE OPENING IT UP TO OTHER BANKS WHERE A HARDWORKING, YOU KNOW,

MAN OR WOMAN THAT GOES OFF TO WORK AND IS FORCED TO ACTUALLY GO TO A

BANK OUTSIDE THEIR DISTRICT ARE GONNA BE INCURRED THE VERY FEES WE'RE

EXEMPTING FROM PEOPLE RECEIVING PUBLIC ASSISTANCE AND UNEMPLOYMENT

INSURANCE, SUCH AS THE OUT OF -- OUT-OF-NETWORK FEE, THE OVERDRAFT FEE.

HOW IS THAT FAIR? HOW IS THAT FAIR TO A HARDWORKING MIDDLE-CLASS

FAMILY THAT -- THAT WE'RE NOT EXEMPTING THEM OR TAKING CARE OF THEM OR

-- OR ACTUALLY THINKING OF THEM WHEN PASSING THIS TYPE OF LEGISLATION?

FOR THAT REASON, MR. SPEAKER, I'M GONNA BE VOTING IN

THE NEGATIVE AND IMPLORE MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER EACHUS: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER EACHUS: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS

MENTIONED BY MY COLLEAGUE. THOSE WHO WISH TO SUPPORT IT SHOULD DO

SO ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER EACHUS: MS. SOLAGES.

MS. SOLAGES: THE MAJORITY CONFERENCE WILL BE

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

VOTE NOW AT THEIR DESK.

NYS ASSEMBLY JUNE 4, 2024

ACTING SPEAKER EACHUS: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. GLICK TO EXPLAIN YOUR VOTE.

MS. GLICK: THANK YOU, TO BRIEFLY EXPLAIN MY VOTE.

I HEARD THE FIGURE OF 70,000 MACHINES IN THE STATE OF NEW YORK, I

BELIEVE, AND I -- I JUST WASN'T SURE THAT WE HAD THE FULL DISTRIBUTION OF

WHERE THOSE MACHINES ARE AND HOW READILY AVAILABLE THEY ARE TO EVERY

NEW YORKER WHO MAY NEED TO ACCESS UNEMPLOYMENT INSURANCE OR

SNAP BENEFITS, AND I THINK IT'S UNFORTUNATE. I WANT TO SAY TO THE

SPONSOR WHAT A GREAT JOB. BUT I THINK IT'S UNFORTUNATE TO TRY TO PIT

PEOPLE WHO NEED PUBLIC ASSISTANCE BENEFITS AGAINST PEOPLE WHO ARE,

QUOTE, HARDWORKING NEW YORKERS. THOSE HARDWORKING NEW YORKERS

ARE PAYING TAXES THAT ARE SUPPORTING THESE PROGRAMS, AND THEY WOULDN'T

WANT TO HAVE A SLICE TAKEN OFF THE TOP UNNECESSARILY.

SO I -- I APPLAUD THE SPONSOR AND HOPE GOING FORWARD

THAT WE WON'T TRY TO PIT PEOPLE WHO ARE A LITTLE BIT DOWN ON THEIR LUCK

VERSUS PEOPLE WHO FOR THERE BUT THE GRACE OF MIGHT FIND THEMSELVES IN

THE SAME POSITION. DESPITE THE FACT THAT THEY TRY TO BE HARDWORKING,

SOMETIMES YOU LOSE A JOB, SOMETIMES THERE'S MEDICAL PROBLEMS IN THE

FAMILY AND YOU ARE IN A DIFFICULT SITUATION. I THINK THE BILL IS A GREAT BILL

AND I APPLAUD THE SPONSOR FOR HER WORK AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER EACHUS: MS. GLICK IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

NYS ASSEMBLY JUNE 4, 2024

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

OF OPENING -- INTRODUCING SOME LITTLE CITIZENS FROM LAKE PLACID. THEY

ARE HERE WITH THEIR TEACHERS, WE WANT TO CERTAINLY ATTRIBUTE THEM BEING

HERE TO OUR COLLEAGUE MR. JONES. BUT THEY ARE HERE WITH THEIR TEACHERS

AND ADMINISTRATORS JON FREMANTE, SONJA FRANKLIN, BUFFY MAIORCA,

ALICIA BRANDES, LEANNE MATOS. AND THEY'RE FIFTH-GRADERS, MR.

SPEAKER, AND THEY ARE STUDENTS AT I'M TOLD ONE OF THE MOST SCENIC

SCHOOLS IN ALL OF LAKE PLACID. AND YOU KNOW THERE'S -- MOST THINGS IN

LAKE PLACID ARE VERY SCENIC BECAUSE IT'S A BEAUTIFUL PLACE.

SO IF YOU WOULD PLEASE WELCOME THESE YOUNG CITIZENS

TO OUR CHAMBERS ON BEHALF OF MR. JONES.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

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

YOU THE PRIVILEGES OF THE FLOOR. WE HOPE THAT YOUR TRIP HAS BEEN

PLEASANT. I'M SURE YOU WILL APPRECIATE A VIEW OF THE CAPITOL, BUT

MAYBE NOT AS MUCH AS SCENIC LAKE PLACID, BUT YOU'RE WELCOME

ANYWAY. AND TO YOUR TEACHERS AND ESCORTS, THANK YOU FOR TAKING CARE,

AND EVERYBODY LOOK FORWARD TO A GREAT SUMMER, RIGHT? LET ME HEAR

YOU, RIGHT?

NYS ASSEMBLY JUNE 4, 2024

(APPLAUSE)

THERE WE GO. THANK YOU FOR COMING.

(APPLAUSE)

PAGE 47, CALENDAR NO. 356, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08557, RULES REPORT

-- CALENDAR NO. 356, MAGNARELLI, SHIMSKY, GLICK, JEAN-PIERRE,

SANTABARBARA, DAVILA, THIELE, HYNDMAN, TAYLOR, WEPRIN, ALVAREZ,

SILLITTI, SAYEGH, LEVENBERG, STECK. AN ACT TO AMEND THE VEHICLE AND

TRAFFIC LAW, IN RELATION TO SEAT BELTS ON CHARTER BUSES.

ACTING SPEAKER AUBRY: MR. MAGNARELLI, AN

EXPLANATION HAS BEEN REQUESTED, SIR.

MR. MAGNARELLI: YES, MR. SPEAKER. THE BILL

WOULD REQUIRE CHARTER BUS PASSENGERS TO WEAR SEAT BELTS IF THE

PASSENGERS ARE EIGHT YEARS OLD OR OLDER.

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. MAGNARELLI, WILL

YOU YIELD?

MR. MAGNARELLI: YES, SIR.

ACTING SPEAKER AUBRY: MR. MAGNARELLI

YIELDS.

MS. WALSH: THANK YOU VERY MUCH. SO, WHAT'S THE

-- WHAT PROBLEM IS THIS ATTEMPTING TO SOLVE, THIS PARTICULAR PIECE OF

LEGISLATION?

NYS ASSEMBLY JUNE 4, 2024

MR. MAGNARELLI: WELL, I THINK A GOOD EXAMPLE

OF THE PROBLEM WAS JUST PAST -- THIS PAST SEPTEMBER WHEN WE HAD A

MOTOR COACH TRANSPORTING 40 HIGH SCHOOL STUDENTS AND FOUR ADULTS FROM

A LONG ISLAND SCHOOL DISTRICT TO A BAND CAMP IN PENNSYLVANIA. IT WAS

TRAVELING ON INTERSTATE 84 IN ORANGE COUNTY WHEN IT WENT OFF THE ROAD,

CRASHED, FATALLY INJURING TWO ADULT PASSENGERS AND SERIOUSLY INJURING

THE DRIVER, ALL OF WHOM WERE EJECTED FROM THE BUS. OTHER PASSENGERS

WERE ALSO INJURED. SO THAT'S AN EXAMPLE OF WHAT CAN HAPPEN IN THESE

BUS CRASHES.

MS. WALSH: AND I THINK THAT THIS -- THIS BODY HAS

ENACTED SOME SIMILAR LEGISLATION HAVING TO DO WITH BEING SEAT BELTED

IN, LIKE, A STRETCH LIMOUSINE OR IN A -- A TAXI, RIGHT?

MR. MAGNARELLI: TAXI CABS, EXACTLY.

MS. WALSH: YEAH. SO THIS IS KIND OF AN EXTENSION

OF SOME OF THE PREVIOUS WORK DONE HERE.

MR. MAGNARELLI: ABSOLUTELY.

MS. WALSH: OKAY.

MR. MAGNARELLI: AND, YOU KNOW, IT'S OBVIOUSLY

-- WELL, I HOPE IT'S OBVIOUS THAT SEAT BELTS SAVE LIVES. SO ALL WE'RE

SAYING IS YOU HAVE TO BUCKLE UP IF YOU'RE EIGHT YEARS OLD OR OLDER.

MS. WALSH: OKAY. AND SO JUST A FEW MORE

QUESTIONS ABOUT THAT. THE -- SO THE WAY THAT THE BILL IS WORDED, IT SAYS

THAT IF YOU'RE 16 OR OLDER YOU HAVE TO WEAR YOUR SEAT BELT.

MR. MAGNARELLI: YES.

MS. WALSH: YOU -- OR YOU CAN'T RIDE ON A CHARTER

NYS ASSEMBLY JUNE 4, 2024

BUS UNLESS YOU'RE RESTRAINED BY A SEAT BELT. BUT THEN IT SAYS IF YOU'RE

EIGHT TO 16 YOU HAVE TO WEAR A SAFETY BELT, AND A SUMMONS COULD BE

GIVEN TO A PARENT OR GUARDIAN IF YOU FAIL TO DO THAT; IS THAT CORRECT?

MR. MAGNARELLI: RIGHT. IT'S THE PASSENGER THAT

IS REQUIRED TO WEAR THE SEAT BELT.

MS. WALSH: OKAY.

MR. MAGNARELLI: AND IF YOU'RE EIGHT YEARS OLD

AND OLDER, THEN YOU'RE ENOUGH TO HAVE IT ON SAFELY. IF YOU'RE UNDER

EIGHT YEARS OLD, OBVIOUSLY YOU WOULD HAVE TO HAVE A -- A CHILD SEAT AND

THINGS LIKE THAT, WHICH WE'RE NOT GETTING INTO IN THIS BILL.

MS. WALSH: OKAY.

MR. MAGNARELLI: EIGHT YEARS OLD AND OLDER, YOU

HAVE TO WEAR A SEAT BELT, BETWEEN EIGHT THROUGH 15 YOU WOULD BE

TICKETING THE PARENT OR THE GUARDIAN OF THE PERSON THAT IS UNDER THAT

AGE, OKAY? OVER THAT, A 16-YEAR-OLD CAN BE TICKETED.

MS. WALSH: THAT'S WHAT I WAS GONNA ASK YOU. I

JUST WANTED TO BE CLEAR ABOUT THAT. SO IF YOU'RE 16 OR OLDER, YOU

YOURSELF, IF YOU'RE NOT BELTED, CAN RECEIVE A TICKET, AND IF YOU'RE

BETWEEN THE AGES OF EIGHT AND I GUESS 15, ALMOST 16 --

MR. MAGNARELLI: RIGHT.

MS. WALSH: -- IN THAT INSTANCE IF YOUR PARENT OR

GUARDIAN IS ON THE BUS THEY COULD BE TICKETED?

MR. MAGNARELLI: YES.

MS. WALSH: BUT WHAT IF -- WHAT IF THE PARENT OR

GUARDIAN IS NOT ON THE BUS?

NYS ASSEMBLY JUNE 4, 2024

MR. MAGNARELLI: THEN I DON'T BELIEVE THERE'S A

TICKET.

MS. WALSH: THEN THERE'S NO TICKET. OKAY. ALL

RIGHT. AND WHO IS GONNA -- I MEAN, DO YOU ENVISION THAT THIS IS GOING

TO BE -- LIKE, HOW IS THIS TICKETING GONNA COME UP? IS IT -- ARE THERE

GONNA BE -- IS THERE GONNA BE A TRAFFIC STOP WHERE THE POLICE OFFICER

COMES ON OR IS IT MORE LIKE AN ACCIDENT RECONSTRUCTION SITUATION AFTER,

LIKE, A HORRIBLE ACCIDENT LIKE THE ONE THAT YOU'RE DESCRIBING. HOW DO

YOU SEE THIS EVEN COMING UP?

MR. MAGNARELLI: I THINK IT COULD BE ANYTHING, IF

YOU'RE STOPPED. IF THE BUS IS STOPPED FOR ANY REASON AND THE POLICE

OFFICER, A LAW ENFORCEMENT OFFICER IS THERE YOU COULD BE TICKETED.

MS. WALSH: YEAH. BECAUSE, YOU KNOW, I WAS

THINKING ABOUT THAT. I -- I PULLED UP SOME IMAGES OF WHAT CHARTER

BUSES LOOK LIKE, AND I'M THINKING ABOUT NOW WHEN I PLAYED SCHOOL

SPORTS WE DIDN'T GET ANY KIND OF GOOD BUSES. WE WERE -- WE WERE

USING OUR REGULAR OLD, YOU KNOW --

MR. MAGNARELLI: YELLOW BUS.

MS. WALSH: -- SCHOOL BUSES THAT WOULD, LIKE, SHAKE

SO MUCH IT WOULD ALMOST SHAKE THE TEETH OUT OF YOUR MOUTH, BUT --

WHEN YOU WERE GOING TO A GAME OR SOMETHING. BUT NOW SOME TEAMS

GET VERY FANCY-LOOKING CHARTER BUSES WHERE USUALLY THE WINDOWS ARE --

ARE SMOKED, YOU KNOW, AND SO -- AND THEY'RE HIGHER. THEY'RE TALLER

THAN, MANY OF THEM, THAN A REGULAR SCHOOL BUS WOULD BE. SO I'M JUST

WONDERING, LIKE, THE PREVIOUS WORK THAT WE HAD DONE AS TO A TAXI OR

NYS ASSEMBLY JUNE 4, 2024

EVEN A STRETCH LIMO, I COULD SEE A POSSIBILITY WHERE YOU MIGHT PULL UP

TO A STOP SIGN OR A RED LIGHT AND THERE'S A POLICE OFFICER THERE WHO COULD

LOOK IN VISUALLY AND SEE THAT THERE WERE PEOPLE THAT WERE EITHER ON

THEIR CELL PHONE THEY'RE NOT SUPPOSED TO BE, OR THEIR BELT -- THEY'RE NOT

BELTED AND THEY'RE SUPPOSED TO BE AND COULD DO A PULL-OVER. BUT IS THAT

EVEN A -- IS THAT EVEN A REAL THING WHEN IT COMES TO THIS CHARTER BUS

SITUATION?

MR. MAGNARELLI: WELL, I -- I DON'T HAVE AN

ANSWER DIRECTLY FOR THAT, BUT IF THE BUS IS STOPPED BY A LAW ENFORCEMENT

OFFICER WHO SEES THAT SOMEBODY IS NOT BELTED IN, THEY'RE SUBJECT TO

GETTING A TICKET.

MS. WALSH: OKAY.

MR. MAGNARELLI: AND I THINK, YOU KNOW,

GETTING THAT WORD OUT THAT YOU MUST BUCKLE UP IS THE PROPER THING TO DO

HERE AND WHAT THE LAW WILL BE CALLING FOR.

MS. WALSH: YEAH, I MEAN, AND NO -- NO QUESTION,

WE WANT -- WE -- WE ALREADY HAVE LEGISLATION FROM YEARS AGO SAYING

THAT THESE BUSES NEED TO BE EQUIPPED WITH -- WITH SEAT BELTS AND -- AND

SAFETY RESTRAINTS.

MR. MAGNARELLI: THEY ARE NOW.

MS. WALSH: AND THEY ARE.

MR. MAGNARELLI: RIGHT.

MS. WALSH: THE -- WHAT YOUR BILL IS TRYING TO GET AT

IS ARE THEY GONNA USE -- THEY NEED TO USE THEM.

MR. MAGNARELLI: RIGHT. AND I THINK THIS BILL

NYS ASSEMBLY JUNE 4, 2024

TAKES A STEP IN TRYING TO EDUCATE THE PUBLIC THAT IT'S FOR YOUR BENEFIT AND

IT'S FOR THE BENEFIT OF YOUR CHILDREN TO BUCKLE UP. SO THAT'S ALL WE'RE

ASKING PEOPLE TO DO IS BE CONSCIOUS THAT THOSE SEAT BELTS ARE THERE FOR A

PURPOSE, PUT THEM ON.

MS. WALSH: YUP.

NOW, IS THERE ANY -- UNDER YOUR LEGISLATION, IS THERE

ANY LIABILITY TO THE BUS OPERATOR OR DRIVER FROM THE FAILURE OF

PASSENGERS THAT MAY BE WAY BACK ON THAT CHARTER BUS WHETHER THEY'RE

WEARING THEM OR NOT?

MR. MAGNARELLI: NO. NO, THERE'S NOT. THE ONLY

THING THE BUS COMPANY HAS TO DO IS MAKE SURE THEY HAVE OPERABLE SEAT

BELTS.

MS. WALSH: OKAY. SO FOR EXAMPLE, LET'S -- AND --

AND I HATE TO TAKE THAT EXAMPLE, BUT YOU GAVE IT EARLIER, OF A -- OF A

TERRIBLE CRASH THAT OCCURRED. LET'S SAY THAT THIS CRASH HAS OCCURRED AND

EVERYONE'S RESPONDING TO THE SCENE AND IT'S DETERMINED THAT BASED ON

THE EJECTION OR MORE SEVERE INJURY IT'S DETERMINED THROUGH AN

INVESTIGATION THAT CERTAIN PEOPLE WERE BELTED AND CERTAIN PEOPLE WERE

NOT, AND YOU COULD TELL FROM THE INJURIES ARE FROM WHERE EVERYBODY

WAS POST-ACCIDENT. WHAT HAPPENS THEN? IS IT -- IS -- WOULD THERE BE A

POSSIBILITY OF USING THIS LEGISLATION AS A WAY TO BOLSTER A LAWSUIT AGAINST

MAYBE THE SCHOOL DISTRICT THAT CHARTERED THE BUS OR THE BUS COMPANY

ITSELF OR ANY LIABILITY TO THE -- TO THE OPERATOR DIRECTLY? I MEAN, THIS BILL

SEEMS SILENT ABOUT IT, BUT WHAT -- WHAT DO YOU -- WHAT DO YOU ENVISION

ABOUT ANY OF THAT?

NYS ASSEMBLY JUNE 4, 2024

MR. MAGNARELLI: WELL, I THINK THE BILL WAS

ASKED -- IS -- IS REQUIRING PASSENGERS TO PUT THE SEAT BELTS ON. IT IS NOT

ON THE BUS COMPANY, IT IS NOT ON THE DRIVER. IT'S NOT THEIR

RESPONSIBILITY. THE RESPONSIBILITY IS ON THE PASSENGER, AND THE

PASSENGER IS THE INDIVIDUAL THAT WOULD BE TICKETED. THAT'S ALL THIS BILL

DOES.

MS. WALSH: OKAY. NOW, I KNOW THAT SOME OF

THESE CHARTER BUSES, AGAIN, MUCH NICER THAN THE -- THAN THE SCHOOL

BUSES I'VE RODE IN. SOMETIMES THEY'RE EQUIPPED WITH RESTROOMS RIGHT

ON -- ON BOARD. IF AN INDIVIDUAL NEEDS TO GO AND USE THE RESTROOM,

OBVIOUSLY THEY NEED TO UNBUCKLE, USE THE RESTROOM. DOES YOUR -- DOES

YOUR BILL SPEAK TO THAT AT ALL? I MEAN, COULD THAT SUBJECT THEM TO A

FINE?

MR. MAGNARELLI: I DON'T BELIEVE SO.

MS. WALSH: OKAY.

MR. MAGNARELLI: I MEAN, I -- I DON'T THINK THAT'S

THE INTENT OF THE BILL.

MS. WALSH: IT WOULD NOT BE YOUR INTENT --

MR. MAGNARELLI: NO.

MS. WALSH: -- AS FAR -- AS THE SPONSOR --

MR. MAGNARELLI: NOT AT ALL.

MS. WALSH: OKAY.

MR. MAGNARELLI: WHEN THEY GET BACK TO THEIR

SEAT, BUCKLE BACK UP.

MS. WALSH: OKAY. ALL RIGHT. WELL, THANK YOU

NYS ASSEMBLY JUNE 4, 2024

VERY MUCH FOR YOUR ANSWERS, MR. MAGNARELLI.

MR. MAGNARELLI: YOU'RE WELCOME.

MS. WALSH: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: JUST VERY BRIEFLY. I CAN COMPLETELY

EMPATHIZE AND UNDERSTAND WHY THE SPONSOR WOULD WANT TO RESPOND TO

A TRAGEDY LIKE THE ONE THAT HE DESCRIBED WHERE THERE WAS THIS CHARTER

BUS ACCIDENT WHERE THERE WAS A LOSS OF LIFE. WE, OF COURSE, WANT TO

EDUCATE PEOPLE THAT SEAT BELTS ARE IN VEHICLES, ALL VEHICLES, FOR A REASON

AND IT'S FOR THEIR SAFETY. IF -- IF I HAD A DOLLAR FOR EVERY TIME I YELLED AT

MY HUSBAND FOR NOT WEARING HIS SEAT BELT, I WOULD BE A WEALTHY,

WEALTHY WOMAN. I -- I USUALLY JUST REFUSE TO DRIVE THE CAR AND PUT IT

INTO DRIVE UNTIL HE'S -- AND -- AND THEN WHEN HE WONDERS WHILE I'M STILL

SITTING THERE AND HE -- HE SAYS, WHY AREN'T WE MOVING, WELL, WHAT ARE

YOU FORGETTING TO DO? I MEAN, IT'S RIDICULOUS. BUT ANYWAY, I DIGRESS.

IT'S VERY IMPORTANT TO WEAR YOUR SEAT BELTS. I JUST -- I DON'T KNOW, REALLY

-- I -- I MEAN, CERTAINLY SIGNAGE REMINDERS FROM THE DRIVER, THINGS LIKE

THAT AND EDUCATIONAL PROGRAMS TO REMIND PEOPLE TO BUCKLE UP, THOSE

MIGHT BE MAYBE PREFERABLE WAYS THAN CREATING A TICKETING PROCESS

WHERE I DON'T REALLY EVEN KNOW HOW THIS IS NECESSARILY GONNA TO COME

UP. BUT UNDER THE HEADING OF IT -- IT IS SOMETHING THAT IS BEING PUT

FORWARD TO TRY TO ADDRESS A TRAGIC SITUATION, I'LL BE IN SUPPORT OF THIS BILL

AND I DO THANK THE SPONSOR FOR HIS ANSWERS TO MY QUESTIONS.

THANK YOU VERY MUCH, MR. SPEAKER.

NYS ASSEMBLY JUNE 4, 2024

ACTING SPEAKER AUBRY: THANK YOU.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. -- WILL YOU YIELD,

SIR?

MR. MAGNARELLI: YES, SIR.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. MANKTELOW: THANK YOU, SIR. THANK YOU,

MR. MAGNARELLI. I JUST HAVE A QUESTION. SO THIS -- THIS -- THIS INCLUDES

ALL SCHOOLCHILDREN, THEN, COMING FROM SCHOOLS, GOING ON TOURS, DOING A

FIELD TRIP, ANYBODY THAT'S ON A CHARTER BUS THAT'S THAT AGE WOULD BE

REQUIRED TO DO THE SEAT BELT, CORRECT?

MR. MAGNARELLI: CORRECT.

MR. MANKTELOW: SO, I KNOW WE HAVE A LOT OF

PEOPLE THAT COME IN FROM OUT-OF-STATE ON CHARTER BUSES. A LOT OF

SCHOOLS COME IN TO SEE A LOT OF OUR TOURIST ATTRACTIONS, NIAGARA FALLS,

THE ADIRONDACKS. YOU KNOW, MAYBE A BASEBALL GAME IN NEW YORK

CITY. HOW DO WE HANDLE THAT?

MR. MAGNARELLI: IF THEY'RE STOPPED BY A LAW

ENFORCEMENT OFFICER AND THEY'RE NOT WEARING A SEAT BELT THEY'LL BE GIVEN

A TICKET. ANYBODY OVER THE AGE OF EIGHT. WELL, EXCUSE ME, ANYBODY

BETWEEN EIGHT AND 15, IT WOULD BE GOING TO THE PARENT OR GUARDIAN IF

THEY'RE THERE.

MR. MANKTELOW: SO WE, AS THE STATE, WE, AS

NYS ASSEMBLY JUNE 4, 2024

LEGISLATORS IN THE STATE, WHAT ARE WE GOING TO DO TO MAKE SURE THESE BUS

COMPANIES KNOW THAT? WHAT ARE WE -- IF I'M COMING IN FROM

PENNSYLVANIA, THEY HAVE -- OR LET'S -- LET'S -- LET'S -- LET'S GO THE OTHER

DIRECTION. I'M COMING OUT OF NEW YORK INTO PENNSYLVANIA, THEY HAVE

THE SAME LAW. SO NOW EVERYONE THAT'S ON MY BUS COULD GET A TICKET OR

THEIR FAMILY MEMBER BECAUSE THEY DIDN'T KNOW?

MR. MAGNARELLI: WELL, ALL I CAN SAY IS THAT SOME

OF THE MAJOR BUS COMPANIES LIKE COACH USA, FOR EXAMPLE, THEY'RE

LAUDING THIS PIECE OF LEGISLATION. SO I HAVE A FEELING THAT COACHES THAT

ARE RUNNING INTERSTATE ARE GOING TO KNOW WHAT THE LAW IN NEW YORK

STATE IS ABOUT, AND IF THEY DON'T, WE'RE GONNA HAVE TO START EDUCATING

THEM TO THAT EFFECT THAT THIS IS THE LAW IN NEW YORK STATE, THAT PEOPLE

ON THESE BUSES NEED TO BE BUCKLED UP.

MR. MANKTELOW: OKAY. SO YOU SAID EARLIER THE

BUS COMPANIES WOULDN'T BE LIABLE, BUT THE -- THE FAMILY MEMBERS OF THE

YOUNG PEOPLE WOULD BE, CORRECT?

MR. MAGNARELLI: WOULD BE LIABLE TO GET A

TICKET, YES.

MR. MANKTELOW: AND AS I LOOKED THROUGH THE

LANGUAGE, I DIDN'T SEE ANY -- ANY -- ANY MONEY IN IT, ANY PART OF GETTING

EDUCATION OUT TO THE BUS COMPANIES SURROUNDING NEW YORK STATE, THE

BUS COMPANIES IN NEW YORK STATE. HOW -- HOW ARE WE GOING TO GET

THAT MESSAGE OUT? IS IT GOING TO BE AFTER THE FACT OR ARE WE GONNA DO

SOMETHING PROACTIVE UPFRONT SO THESE FAMILIES DON'T END UP GETTING

TICKETED OR FINED FOR THEIR CHILD NOT WEARING A SEAT BELT?

NYS ASSEMBLY JUNE 4, 2024

MR. MAGNARELLI: WELL, I WOULD -- I WOULD HOPE

THAT THE BUS COMPANIES AND THE CHARTER BUS COMPANIES WILL BE TELLING

THEIR PASSENGERS THAT THE SEAT BELTS ARE THERE TO BE USED, IT'S THE LAW IN

NEW YORK STATE TO BUCKLE UP. I KNOW THAT IF THIS BILL PASSES BOTH

HOUSES AND GETS SIGNED INTO LAW, I'LL BE THE FIRST ONE TO SEND OUT A PRESS

RELEASE TO THAT EFFECT, THAT IF YOU'RE RIDING A CHARTERED BUS IN NEW YORK

STATE YOU HAVE TO BUCKLE UP.

MR. MANKTELOW: SO WOULD THAT -- WOULD THAT

PRESS RELEASE GO OUTSIDE OF NEW YORK STATE AS WELL?

MR. MAGNARELLI: I'M SORRY?

MR. MANKTELOW: WILL THE PRESS RELEASE GO

OUTSIDE OF NEW YORK STATE AS WELL?

MR. MAGNARELLI: I DON'T KNOW. I DOUBT IT, BUT

WE'LL SEE.

MR. MANKTELOW: I -- I -- THANK YOU. THANK YOU,

MR. MAGNARELLI.

MR. MAGNARELLI: YOU'RE WELCOME.

MR. MANKTELOW: MR. SPEAKER, ON THE BILL REALLY

QUICK.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: I -- I UNDERSTAND WHAT THE

SPONSOR'S TRYING TO DO HERE. AGAIN, HERE IN NEW YORK WE ALWAYS TEND

TO PUT THESE GOOD THINGS FORWARD, THEY SOUND GOOD AND THEY ARE. BUT

THE PRACTICALITY OF IT IS, HOW ARE WE GOING TO NOTIFY EVERYONE? AND I

DON'T WANT TO SEE TOURISTS COMING TO NEW YORK STATE WITH THEIR FAMILY

NYS ASSEMBLY JUNE 4, 2024

MEMBERS AND THEIR CHILD'S ON THE BUS AND ALL OF A SUDDEN THEY GET A

TICKET AND THEN THEY'RE GONNA SAY, WELL, LOOK IT. I'M NOT COMING BACK

TO NEW YORK BECAUSE WHY SHOULD I HAVE A TICKET? I'M WATCHING MY

CHILD.

SO I AGREE WITH WHAT THE SPONSOR IS TRYING TO DO. I

JUST WANT TO MAKE SURE WE PUT AN EDUCATIONAL PIECE TO IT, AND I JUST

DON'T SEE THAT. SO THANK YOU, MR. SPEAKER, FOR ALLOWING ME TO SPEAK.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: I -- I RISE TO EXPLAIN MY VOTE AND THANK

THE SPONSOR OF THE BILL FOR THIS VERY IMPORTANT AND REASONABLE MEASURE.

AND I WOULD JUST SAY THAT WE'RE ALL OBLIGATED TO KNOW THE RULES OF THE

ROAD IN WHATEVER STATE WE'RE DRIVING IN. AAA HELPS US, AND I ASSUME

THAT THE LAWYERS FOR THE BUS COMPANIES WILL MAKE CERTAIN THAT

EVERYBODY IS PROPERLY NOTIFIED.

I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY JUNE 4, 2024

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

CONTINUE OUR WORK ON OUR DEBATE LIST, WE'RE GOING TO GO TO RULES

REPORT 64, THAT ONE'S BY MR. DINOWITZ; AND RULES REPORT 74 BY MS.

SOLAGES; AND RULES REPORT 98 BY MR. ARDILA; AND THEN WE'RE GONNA GO

TO RULES REPORT NO. 107 BY MS. GLICK. IN THAT ORDER, MR. SPEAKER.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. PAGE 7,

RULES REPORT NO. 64, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00718, RULES REPORT

NO. 64, DINOWITZ, COOK, BENEDETTO, COLTON. AN ACT IN RELATION TO

DIRECT THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO STUDY

NON-RENTAL FEES CHARGED BY LANDLORDS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

MR. DINOWITZ, AN EXPLANATION HAS BEEN REQUESTED, SIR.

MR. DINOWITZ: THIS BILL WOULD REQUIRE DHCR TO

PERFORM A STUDY ON NON-RENTAL FEES IMPOSED BY LANDLORDS OF HOUSING

ACCOMMODATIONS SUBJECT TO RENT REGULATION LAWS. THE STUDY WILL ASSIST

THE LEGISLATURE IN DEALING WITH LANDLORDS WHO ARE USING THESE FEES

IMPROPERLY FOR VARIOUS AND SUNDRY REASONS.

ACTING SPEAKER AUBRY: MR. FITZPATRICK.

NYS ASSEMBLY JUNE 4, 2024

MR. DINOWITZ: MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER.

WOULD THE --

MR. DINOWITZ: IT IS SO NICE TO SEE YOU BACK.

MR. FITZPATRICK: YES, IT IS GREAT TO SEE YOU, JEFF,

AND I'M HAPPY TO BE BACK.

WOULD THE SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: YES, I WILL YIELD.

ACTING SPEAKER AUBRY: MR. DINOWITZ ACCEPTS

YOUR --

MR. FITZPATRICK: THANK YOU, MR. DINOWITZ.

CURRENTLY, MR. DINOWITZ, WHAT SURCHARGES ARE PERMITTED? I KNOW WE

MADE SOME CHANGES IN THE BUDGET, BUT WHAT IS PERMITTED -- WHAT IS A

PERMITTED SURCHARGE RIGHT NOW IN A RENT-REGULATED BUILDING?

MR. DINOWITZ: WELL, I CAN TELL YOU A FEW THINGS

THAT ARE NOT PERMITTED BECAUSE OF EXCELLENT LAWS THAT WE PASSED -- I

WAS THE SPONSOR -- WHICH INCLUDE LEGAL FEES. THEY CANNOT

AUTOMATICALLY BE PUT ON A RENT BILL UNLESS THEY GO THROUGH A CERTAIN

PROCEDURE, AND ALSO AIR CONDITIONERS. THE LAW SAYS THAT IF A TENANT

BUYS AN AIR CONDITIONER, PUTS IT IN ON --ON THEIR OWN AND PAYS THEIR OWN

ELECTRIC BILL, THEN THE LANDLORD CAN'T CHARGE THEM EXTRA MONEY. BUT

ASIDE FROM THAT THERE ARE OTHER THINGS THAT THE LANDLORD MAY HAVE A

RIGHT TO CHARGE FOR. I MEAN, IT CAN BE A LOT OF THINGS, BUT JUST TO NAME A

NYS ASSEMBLY JUNE 4, 2024

FEW, THINGS LIKE MAYBE THEY WOULD CHARGE MORE IF YOU HAVE A WASHING

MACHINE OR A DRYER OR A DISHWASHER. MAYBE EVEN WINDOW GUARDS IN

CERTAIN CASES.

MR. FITZPATRICK: OKAY. AND THESE ARE ALL

PERMITTED?

MR. DINOWITZ: YEAH. I THINK IN NEW YORK CITY, I

DON'T KNOW THAT THEY CAN CHARGE FOR WINDOW GUARDS.

MR. FITZPATRICK: SO -- SO I -- I READ IN YOUR

JUSTIFICATION, YOU USE AN AMORPHOUS TERM, "MOST OF THE TIME". SO THAT

WOULD -- IS THAT 51 PERCENT OF THE TIME, 99 PERCENT OF THE TIME?

MR. DINOWITZ: WELL, IT'S LESS THAN ALL OF THE TIME

BUT IT'S MORE THAN SOME OF THE TIME.

MR. FITZPATRICK: SO WHAT IS THE MOST COMMON

COMPLAINT, THEN, FOR THE SURCHARGE? I MEAN, A NUMBER OF THEM ARE

PERMITTED, SO I DON'T UNDERSTAND WHAT THE PROBLEM IS, WHAT YOUR --

WHAT ARE WE LOOKING TO STUDY?

MR. DINOWITZ: SOME THINGS MAY BE PERMITTED,

SOME THINGS MAY NOT. BUT WHAT WE WANT TO KNOW IS WHAT'S -- WHAT

THEY DO NOW AND ARE THERE ABUSES. AND THE BILL, THE SHORTEST OF BILLS, I

THINK IT'S LIKE SEVEN LINES SO IT DOESN'T SAY A LOT BUT IT SAYS A LOT IN THOSE

SEVEN LINES, SO... BUT I'LL READ IT BECAUSE IT'S ONLY SEVEN --

MR. FITZPATRICK: YOU DO HAVE A WAY WITH

WORDS.

MR. DINOWITZ: -- LINES. SO, DHCR SHALL PREPARE

A REPORT ON NON-RENTAL FEES IMPOSED BY LANDLORDS, HOUSING

NYS ASSEMBLY JUNE 4, 2024

ACCOMMODATIONS (INAUDIBLE) RENT REGULATIONS. SUCH STUDY SHALL

INCLUDE A DESCRIPTION OF FEES COMMONLY OR FREQUENTLY CHARGED, THE

AMOUNTS OF THE FEES, HOW THE FEES ARE DETERMINED, AND ANY OTHER DATA

OR INFORMATION THE DIVISION DEEMS PERTINENT, AND THEY SHALL SUBMIT A

REPORT TO THE LEGISLATURE BY NEXT APRIL 1ST. SO WE WANT TO GET A HANDLE

ON WHAT'S BEING DONE AND WE COULD ALSO LOOK AT TO SEE WHAT -- IF

CERTAIN THINGS ARE REASONABLE OR NOT REASONABLE.

MR. FITZPATRICK: OKAY. DOES DHCR CURRENTLY

HAVE A SCHEDULE OF FEES THAT CAN BE CHARGED?

MR. DINOWITZ: I DON'T THINK THEY -- I THINK WHAT

THEY HAVE IS INFORMATION ON SOME OF THE THINGS THAT -- THAT THERE

POSSIBLY MAY BE CHARGES FOR, LIKE, YOU KNOW, WINDOW GUARDS. AS I

SAID, I'M NOT SURE THAT -- I DON'T THINK IN THE CITY THEY CHARGE IT, OR, YOU

KNOW, WASHING MACHINES. I'M NOT SURE THEY HAVE A SPECIFIC FEE

SCHEDULE, BUT THE -- THE POINT HERE IS THAT THESE AMOUNTS COULD VARY

BASED UPON, YOU KNOW, WHO'S DOING THE CHARGING. SOME THINGS ARE

MORE REASONABLE THAN OTHERS. SO WE JUST WANT TO GET INFORMATION.

THIS IS NOT SAYING THAT A LANDLORD CAN'T IMPOSE A FEE IF YOU INSTALL A

WASHING MACHINE. IT'S NOT SAYING YOU CAN, BUT IT'S NOT SAYING YOU CAN'T.

THAT MIGHT BE NEXT, I DON'T KNOW. SO THIS IS ESSENTIALLY TO GET

INFORMATION.

MR. FITZPATRICK: SO -- SO LET ME ASK YOU, HOW

DOES DHCR HANDLE THE SITUATION NOW? I MEAN, THERE IS A SCHEDULE.

HOW DO THEY REGULATE OR AT LEAST GOVERN THE IMPOSITION OF THESE FEES?

THEY'RE -- CERTAINLY PEOPLE CAN COMPLAIN IF THEY'RE UNHAPPY OR IF THEY

NYS ASSEMBLY JUNE 4, 2024

FEEL THEY'RE -- THEY SHOULDN'T BE CHARGED FOR SOMETHING. BUT THERE IS,

YOU KNOW, IN THE LAW, THIS IS WHAT -- THESE ARE THE ACTIVITIES OR THE

SERVICES THEY CAN CHARGE FOR. THERE IS A SCHEDULE OF HOW MUCH CAN BE

CHARGED FOR, WHETHER IT INCLUDES ELECTRICITY OR NOT. WOULD IT NOT BE

BETTER TO HAVE THEM, INSTEAD OF SPENDING ALL OF THIS TIME COLLECTING

DATA, WHY DON'T THEY JUST APPLY -- USE THAT TIME TO BETTER REGULATE OR

COORDINATE THE SERVICES THAT THEY'RE PERMITTED TO CHARGE?

MR. DINOWITZ: WELL, I DON'T KNOW THAT DHCR

DOES A WHOLE A LOT IN THIS AREA CURRENTLY. IT'S NOT LIKE -- YOU KNOW, THEY

JUST DON'T. THEY -- THEY DO ISSUE BULLETINS AT VARIOUS POINTS, GIVING OUT

INFORMATION. AND AS FAR AS COMPLAINING, I GOT TO TELL YOU, I WAS HERE

DURING THE BUDGET AND I CAN TELL YOU WHICH SIDE WAS DOING MOST OF THE

COMPLAINING AND IT WAS LANDLORDS.

MR. FITZPATRICK: RIGHT.

MR. DINOWITZ: THEY -- THEY CERTAINLY DO

COMPLAIN. AND SOMETIMES CORRECTLY, BUT OFTEN NOT. BUT WE JUST WANT

TO GET -- WE WANT TO KNOW WHAT -- WHAT THE STORY IS OUT THERE, AND IN

ORDER FOR US TO ACT IN A WAY THAT IS HELPFUL TO EVERYBODY.

MR. FITZPATRICK: SO LET ME ASK YOU, WHO WILL

CONDUCT THIS STUDY? WHO WILL COLLECT THIS DATA? HOW WILL IT BE

COLLECTED? HOW MANY PEOPLE ARE GOING TO BE INVOLVED? WE DO HAVE A

LOT OF RENT-REGULATED UNITS OUT THERE. WHO IS GOING TO STAFF THE STUDY?

MR. DINOWITZ: WELL, THIS WOULD BE DHCR. I

DON'T KNOW THAT THEY'RE GOING TO BE GOING TO EVERY APARTMENT IN THE

STATE TO DO THE STUDY, BUT THEY'LL HAVE TO WORK THAT OUT AND I HAVE

NYS ASSEMBLY JUNE 4, 2024

CONFIDENCE THAT DHCR IS CAPABLE OF DOING THIS.

MR. FITZPATRICK: WELL, GEE, THAT'S AN AWFULLY BIG

TASK, I THINK, FOR AN AGENCY THAT IS NOT PARTICULARLY LARGE. IT SEEMS TO

ME, YOU KNOW, IF -- IF WE HAVE COMPLAINTS, WE CERTAINLY HAVE THOSE ON

FILE, WE KNOW HOW MANY THERE ARE. IF THERE IS A PROBLEM, DHCR CAN

GO OUT AND CORRECT THEM, ATTEMPT TO CORRECT THEM. THERE'S -- I DON'T SEE

A NEED FOR THIS. THIS IS A SOLUTION IN SEARCH OF A PROBLEM, IT SEEMS TO

ME. MUCH OF THIS HAS BEEN CORRECTED OVER THE YEARS BY THE LEGISLATION

YOU'VE SPONSORED. I'M WONDERING IF THIS ISN'T AN ATTEMPT OR A FUTURE

ATTEMPT TO ELIMINATE THESE SURCHARGES ALL TOGETHER. IS THAT MAYBE A

GOAL YOU HAVE HERE?

MR. DINOWITZ: I DON'T HAVE A SPECIFIC GOAL. I -- I

CERTAINLY WOULDN'T --

MR. FITZPATRICK: WHAT IS YOUR GOAL FOR THE

STUDY, THEN?

MR. DINOWITZ: I WOULDN'T BE UNHAPPY IF TENANTS

WHO ARE HIT LEFT AND RIGHT, ESPECIALLY AFTER SOME OF THE CHANGES WE

MADE THIS YEAR, WOULD HAVE FEWER THINGS FOR THEM TO CONTEND WITH.

BUT IN A SENSE I'M KIND OF NEUTRAL. I JUST WANT TO SEE DHCR GATHER

INFORMATION AND THEN WE CAN MAKE AN INTELLIGENT DECISION, HOPEFULLY,

AS TO WHAT ACTION, IF ANY, WE SHOULD TAKE AS A FOLLOW-UP.

MR. FITZPATRICK: BUT WE CAN -- YOU KNOW, WE

CAN GATHER INFORMATION ABOUT A LOT OF THINGS IF WE'RE LOOKING TO

ACCOMPLISH SOMETHING. BUT THE INFORMATION YOU REALLY NEED IS ARE

THERE ANY COMPLAINTS BY TENANTS FOR ANY PROBLEMS THEY'RE HAVING WITH

NYS ASSEMBLY JUNE 4, 2024

THE SURCHARGES FOR APPLIANCES OR ANYTHING ELSE. DO YOU HAVE STATISTICS

SHOWING THERE IS A PROBLEM OUT THERE? I MEAN, IT SAYS HERE IN THE

JUSTIFICATION WE HAD, LET'S SEE, HOW MANY -- THERE WERE, WHAT, 8 -- OR

6,000 OR SOME-ODD SURCHARGES OUT THERE. THAT DOESN'T SEEM TO ME LIKE

A LOT. IS THERE A PROBLEM WITH THOSE 6,000 OR SO SURCHARGES CURRENTLY IN

EXISTENCE, AND IF THERE ARE, WE CAN -- I'D RATHER USE THE LABOR AND THE

EFFORT TO CORRECT THAT RATHER THAN GO OUT AND LOOK FOR A PROBLEM THAT

MAY NOT EXIST.

MR. DINOWITZ: WELL, THERE ARE NEARLY 7,000

COMPLAINTS LISTED HERE, AND THIS IS BUT A SMALL SAMPLING OF EVERYTHING.

I MEAN, DON'T FORGET, THESE ARE ONLY PERHAPS SOME COMPLAINTS. A LOT OF

PEOPLE HAVE COMPLAINTS BUT THEY DON'T FILE COMPLAINTS, OTHER PEOPLE

GRIPE. NOT EVERYBODY FILES THINGS WITH DHCR, SOMETIMES PEOPLE

CONTACT HPD OR DO THINGS THROUGH OTHER MEANS. SO THERE'S A LOT MORE

OUT THERE. BUT SO FAR IT SEEMS THAT DHCR SEEMS CAPABLE SINCE WE DO

HAVE SOME DATA, AND THEY'RE THE ONES WHO COLLECT DATA. I'M NOT A DATA

COLLECTOR, I'M JUST --

MR. FITZPATRICK: SO YOU'RE TELLING ME -- YOU'RE

TELLING ME WE ONLY HAVE, SAY, 7,000 COMPLAINTS OUT THERE, THERE MAY BE

MANY, MANY MORE. BUT YOU'RE ALSO TELLING ME THAT WE'RE NOT GONNA BE

ABLE TO SURVEY THE ENTIRE INVENTORY OF RENT-STABILIZED AND

RENT-CONTROLLED UNITS TO FIND OUT WHAT THOSE SURCHARGES ARE.

MR. DINOWITZ: WELL, I DON'T THINK YOU'D HAVE TO

SURVEY THE ENTIRE INVENTORY, I THINK WHAT ONE WOULD NEED TO DO IF

TRYING TO GET THIS INFORMATION IS TO USE A REASONABLE SAMPLING OF THE

NYS ASSEMBLY JUNE 4, 2024

APARTMENTS OUT THERE AND THEN THAT LEADS TO CERTAIN CONCLUSIONS AND

THEN WE CAN GET THIS REPORT AND --

MR. FITZPATRICK: WOULD -- WOULD NOT THE 7,000

OR SO COMPLAINTS YOU HAVE NOW BE A REASONABLE SAMPLE OUT OF THE, SAY,

MILLION OR SO UNITS OUT THERE? THAT DOESN'T SEEM TO ME LIKE A PROBLEM

OR AT LEAST --

MR. DINOWITZ: SEVEN THOUSAND, THAT'S A LOT OF

COMPLAINTS.

MR. FITZPATRICK: -- IF IT'S A PROBLEM. WELL, IT'S --

TO ME IT WOULD SEEM A PROBLEM THAT CAN EASILY BE DEALT WITH WITH THE

STAFF AND APPLYING THE CURRENT LAW. I DON'T KNOW IF YOU'RE GONNA FIND

THAT MANY MORE BECAUSE IF PEOPLE HAVE A PROBLEM, THEY WILL COMPLAIN

ABOUT IT. I MEAN, THEY CALL YOUR OFFICE ALL THE TIME.

MR. DINOWITZ: YOU KNOW WHO CALLS MY OFFICE?

THE PEOPLE WHO CALL MY OFFICE. BUT A LOT OF PEOPLE DON'T CALL MY

OFFICE, I'M SURE.

MR. FITZPATRICK: ALL RIGHT. SO MAYBE THEY CALL

THEIR COUNCILMAN OR COUNCIL PERSON. MAYBE THEY'LL CALL --

MR. DINOWITZ: AND THEY HAVE AN EXCELLENT

COUNCILMAN, (INAUDIBLE/CROSSTALK).

MR. FITZPATRICK: OR THEY'LL CALL THE 3-1-1 LINE.

YOU KNOW, IS IT -- HAVE YOU LOOKED AT THOSE SOURCES TO PUT A BETTER

PICTURE, MAYBE A MORE COMPREHENSIVE PICTURE TOGETHER OF HOW MANY

PROBLEMS THERE ARE? RIGHT NOW, 7,000 OUT OF THE MILLION OR SO UNITS IS

NOT -- DOESN'T SEEM TO ME, FRANKLY, TO BE A HUGE PROBLEM AND CERTAINLY

NYS ASSEMBLY JUNE 4, 2024

NOT A PROBLEM THAT CAN'T BE ADDRESSED AND FIXED WITH THE CURRENT STAFF.

MR. DINOWITZ: WELL, I -- I WILL SAY THIS: THIS

LEGISLATION WAS IN LARGE PART INSPIRED BY DHCR, HAVING MET WITH THEM

WHENEVER WE MET WITH THEM, PROBABLY TWO YEARS AGO, AND DHCR NOT

ONLY CAN DO A SAMPLING OR A SURVEY, BUT THEY CAN POSSIBLY LOOK AT OTHER

SOURCES TO GATHER INFORMATION. BUT THEY'RE THE AGENCY THAT'S IN CHARGE

OF HOUSING, SO I HAVE CONFIDENCE THAT THEY WILL DO THIS, DO IT RIGHT AND

THEN WE'LL GET INFORMATION AND WE'LL SEE IF WE NEED TO TAKE ANY KIND OF

ACTION. AND MAYBE WE WON'T, IT'S POSSIBLE. I MEAN, WHO'S TO SAY?

MR. FITZPATRICK: OKAY. VERY GOOD. MR.

DINOWITZ, THANK YOU VERY MUCH.

MR. SPEAKER --

MR. DINOWITZ: YOU'RE WELCOME. AND AGAIN, NICE

TO SEE YOU BACK.

MR. FITZPATRICK: ALWAYS A PLEASURE, JEFF.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

FITZPATRICK.

MR. FITZPATRICK: AGAIN, I -- I -- I GET THE SENSE

THAT THIS IS A SOLUTION IN SEARCH OF A PROBLEM. CERTAINLY, THE NUMBER OF

COMPLAINTS I THINK IS A REPRESENTATIVE SAMPLE OF ANY PROBLEM THAT'S OUT

THERE, BUT IT'S CERTAINLY A NUMBER THAT CAN BE ADDRESSED AND ADDRESSED

SATISFACTORILY BY CURRENT STAFF AND CURRENT METHODS EMPLOYED BY DHCR

TO SOLVE THESE PROBLEMS. WHAT CONCERNS ME IS THAT I'M SURE IF I'M A

TENANT I DON'T WANT TO PAY A SURCHARGE FOR ANYTHING. WE'VE HAD THIS

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NYS ASSEMBLY JUNE 4, 2024

ARGUMENT IN THE PAST OVER MCIS AND INDIVIDUAL APARTMENT

IMPROVEMENTS, ET CETERA. I'M A LITTLE CONCERNED THAT THERE'S A POTENTIAL

ATTEMPT HERE TO GATHER INFORMATION TO USE, IN A SENSE, AS ANOTHER

WEAPON AGAINST PROPERTY OWNERS TO TRY AND FORCE THEM TO ASSUME A

COST, ANOTHER COST, THAT SHOULD BE BORNE BY THE TENANT. IF THEY WANT TO

PUT A PARTICULAR APPLIANCE IN, A SURCHARGE IS NECESSARY TO PAY FOR

DEPRECIATION OF INFRASTRUCTURE, TO PAY FOR THE ELECTRICITY, ET CETERA. BUT

THERE WILL ALWAYS BE PEOPLE WHO DO NOT WANT TO PAY A SURCHARGE FOR

ANYTHING, AND I'M -- I FEAR THAT THIS INFORMATION WILL BE USED IN AN

ATTEMPT LATER ON TO SAY, LOOK, WE'RE GONNA BAN THESE SURCHARGES. YOU

KNOW, PROPERTY OWNERS IN NEW YORK STATE AND NEW YORK CITY, BUT

NOW IN NEW YORK STATE ARE DEALING WITH AGING INFRASTRUCTURE.

HOUSING STOCK PARTICULARLY IN THE CITY IS VERY OLD. YOU HAVE RISING

COSTS, WHETHER IT'S SOLID WASTE REMOVAL, ELECTRICITY, WATER, SEWER, ET

CETERA. THESE ARE ALL ABSORBED BY THE PROPERTY OWNER, AND THE RENT

INCREASES THAT ARE GRANTED DO NOT COVER THIS OR DON'T COVER ALL OF IT.

AND NOW I THINK I FEAR WE'RE GONNA HAVE ANOTHER ATTEMPT TO FORCE

PROPERTY OWNERS TO ABSORB ADDITIONAL COSTS THAT WILL FURTHER JEOPARDIZE,

I THINK, THE QUALITY OF THAT HOUSING INFRASTRUCTURE IN THE CITY AND THE --

AND THE STATE OF NEW YORK.

AND FOR THAT REASON I THINK WE SHOULD NOT PASS THIS

BILL. AGAIN, IT'S A SOLUTION IN SEARCH OF A PROBLEM, AND THE NUMBERS OUT

THERE SHOW THAT WE DON'T HAVE A HUGE PROBLEM RIGHT NOW WITH

COMPLAINTS, AND THOSE THAT ARE OUT THERE CAN CERTAINLY BE RESOLVED BY

THE DHCR TODAY. THANK YOU.

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NYS ASSEMBLY JUNE 4, 2024

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 FOR THE REASONS

MENTIONED BY MY COLLEAGUE. THOSE WHO WISH TO SUPPORT IT SHOULD

VOTE YES ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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 TO 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.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 7, RULES REPORT NO. 74, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08609, RULES REPORT

NO. 74, SOLAGES. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES,

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NYS ASSEMBLY JUNE 4, 2024

IN RELATION TO CERTIFICATION OF CLASS ACTIONS IN CASES INVOLVING

GOVERNMENTAL OPERATIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

SOLAGES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL WILL BE

ADVANCED.

MS. SOLAGES, AN EXPLANATION IS REQUESTED.

MS. SOLAGES: THANK YOU, MR. SPEAKER. THE BILL

WOULD ENSURE THAT GROUPS OF CITIZENS WHO SEEK TO HOLD THE GOVERNMENT

ACCOUNTABLE FOR THEIR ACTIONS WILL NOT BE DENIED ACCESS TO THE COURT

UNDER THIS GOVERNMENTAL OPTION RULE FOR THE SOLE PURPOSES THAT THE

GOVERNMENT IS SUBJECT FOR THE COMPLAINT -- FOR THEIR COMPLAINT.

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. SOLAGES, WILL YOU

YIELD?

MS. SOLAGES: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU VERY MUCH. SO, TELL ME

WHAT THE PURPOSE IS OF THIS PARTICULAR PIECE OF LEGISLATION. IT'S ONLY A

COUPLE OF LINES OF TEXT, BUT IT DOES HAVE AN IMPACT. SO WHAT'S THE

REASON FOR IT?

MS. SOLAGES: YOU KNOW, CLASS ACTION SUITS ARE

LIKE GROUP PROJECTS, THERE'S STRENGTH IN NUMBERS. AND SO THE PURPOSE OF

THE BILL IS TO PREVENT THE COURTS FROM DENYING OR WITHHOLDING A CLASS

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CERTIFICATION SOLELY BECAUSE A LAWSUIT INVOLVES A GOVERNMENTAL

OPERATION. SO WE'RE GONNA BE AMENDING THE LAW, AND THIS IS THE IDEA

THAT THE GOVERNMENT IS NOT A SPECIAL LITIGANT. WE'VE SEEN TIME AND TIME

AGAIN WHERE, YOU KNOW, PEOPLE, INDIVIDUALS WHO ARE

DISPROPORTIONATELY LOWER INCOME, DISABLED, ARE NOT ABLE TO ACCESS THE

COURTS IN -- IN NUMBERS AND STRENGTHS IN A CLASS ACTION LAWSUIT BECAUSE

IT'S AGAINST THE GOVERNMENT. AND SO WE WANT TO MAKE IT FAIR. WE WANT

TO SAY, LOOK, AS LONG AS THEY, YOU KNOW, MEET ALL THE ARTICLE 9

REQUIREMENTS, THEY CAN STILL PROCEED AND -- AND TAKE ACTION AGAINST THE

GOVERNMENT IF NEED BE. AND THIS IS REALLY IN THE BEST INTEREST OF, YOU

KNOW, OF OUR -- OUR GOVERNMENT THAT WE SERVE HERE BECAUSE, YOU KNOW,

WE WANT TO BE HELD TO THE HIGHEST STANDARD, AND WE WANT TO HAVE A

LEVEL OF ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT.

MS. WALSH: OKAY. WELL, I MEAN, RIGHT NOW CLASS

ACTIONS ARE ALLOWABLE AGAINST GOVERNMENTAL ENTITIES, THOUGH, RIGHT? I

MEAN, IT'S JUST IN THE SOUND DISCRETION OF THE COURT.

MS. SOLAGES: SO, ACTUALLY IT IS NOT. A COURT CAN

DENY A CLASS ACTION LAWSUIT IF IT'S AGAINST THE GOVERNMENT. AND --

MS. WALSH: THEY CAN GRANT IT, TOO.

MS. SOLAGES: AND THEY CAN GRANT IT AS WELL. BUT

THIS -- THIS SHOULDN'T BE ON THE DISCRETION OF A JUDGE, IT SHOULD BE THAT IF

YOU HAVE THE QUALIFICATIONS OF ARTICLE 9 AND YOU HAVE A CASE AND YOU

MEET ALL OF THE THOSE REQUIREMENTS AND IT'S CLEAR, YOU KNOW, YOU SHOULD

BE -- YOU SHOULD BE ALLOWED TO MOVE FORWARD.

MS. WALSH: BUT AREN'T WE REALLY JUST TAKING AWAY

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SOME JUDICIAL DISCRETION HERE, AND AS THE LEGISLATURE STEPPING IN AND

REALLY REVERSING VERY LONGSTANDING COURT OF APPEALS CASE LAW FROM THE

MID-'70S THAT -- THAT ESTABLISH KIND OF THE WAY THAT THIS IS ALL GONNA GET

DONE? WHY -- WHY DO -- WHY DO WE NEED TO CHANGE IT? WHY ISN'T THAT

WORKING?

MS. SOLAGES: SO WE JUST --

MS. WALSH: IS IT PRIMARILY, BECAUSE AS YOU SAID IN

YOUR MEMO OF SUPPORT, THAT YOU'RE TRYING TO HELP LOW-INCOME AND

OLDER NEW YORKERS GET A CLASS ACTION CERTIFIED? IS -- IS IT THAT SOCIAL

JUSTICE REASON?

MS. SOLAGES: NOT AT ALL, BECAUSE AT THE END OF THE

DAY IN THE COURT SYSTEM EVERY PERSON IS EQUAL, AND SO WE SHOULDN'T

MAKE IT THAT THE GOVERNMENT IS A SPECIAL ENTITY THAT -- THAT CANNOT BE

SUED. YOU KNOW, JUSTICE IS BLIND. YOU LOOK AT IT, IT'S BLIND. SO EVERY

INDIVIDUAL PERSON SHOULD HAVE AN OPPORTUNITY TO GO BEFORE THE COURT

AND HAVE ACCESS TO, YOU KNOW, THEIR DAY IN COURT. SO THIS, TO ME, JUST

ESTABLISHES A LEGAL CONSISTENCY THAT'S REQUIRED. IT -- IT -- IT SOLIDIFIES,

YOU KNOW, AN ESTABLISHED PRECEDENCE AND TREATS CASES ALIKE, REGARDLESS

OF WHETHER THE GOVERNMENT'S INVOLVED. WE ARE ALL EQUAL BEFORE THE

LAW, AND SO THIS JUST CLARIFIES THAT.

MS. WALSH: WELL, I MEAN, I -- I THINK THAT UNDER

SECTION 901 OF THE CPLR, ONE PREREQUISITE IS THAT THE CLASS

CERTIFICATION'S GOT TO BE THE SUPERIOR METHOD, QUOTE, FOR ADJUDICATION.

AND THEN THERE WAS THAT CASE IN 1975 WHERE THE -- OUR STATE'S HIGHEST

COURT SAID THAT WHERE GOVERNMENTAL OPERATIONS ARE INVOLVED AND WHERE

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SUBSEQUENT PETITIONERS ARE GONNA BE ADEQUATELY PROTECTED UNDER THE

PRINCIPLES OF STARE DECISIS OR LEGAL PRECEDENT THAT A CLASS ACTION RELIEF

WASN'T NECESSARY. SO, I MEAN, THAT'S OUR STATE'S HIGHEST COURT. WHY

DOES THE LEGISLATURE NOW WANT TO WEIGH IN AND, I MEAN, ESSENTIALLY PUT

THE THUMB ON THE SCALE AND LIMIT JUDICIAL -- LIMIT A JUDGE'S AND COURT'S

DISCRETION TO FIGURE OUT WHEN A CLASS ACTION IS APPROPRIATE AND WHEN IT

ISN'T? BECAUSE THAT'S ALWAYS THE WAY IT'S BEEN.

MS. SOLAGES: YOU KNOW, CLASS ACTIONS ARE A

CRITICAL TOOL WHEN YOU'RE TAKING PROACTIVE STEPS, ESPECIALLY WHEN A

REMEDY ON LAWFUL CONDITIONS. SO, YOU KNOW, CLASS ACTION LAWSUITS

HAVE BEEN HOLDING GOVERNMENT ACCOUNTABLE FOR THE PAST DECADE. SO

WHEN YOU TALKED ABOUT THE FAILURES OF NEW YORK'S FOSTER CARE SYSTEM,

WHEN YOU'RE TALKING ABOUT THOSE SEEKING REMEDIES AGAINST NURSING

HOMES, A FAILURE FOR HEALTH STANDARDS. I MEAN, YOU TALK ABOUT ENSURING

MENTALLY ILL PRISON INMATES ARE TREATED WITH PLANNED-UPON DECISIONS.

THESE ARE ALL CLASS ACTION LAWSUITS THAT WE'RE ENABLING PEOPLE TO HAVE

THEIR DAY IN COURT AND TO BE ABLE TO SEEK JUSTICE. SO THIS IS JUST AN

OPPORTUNITY FOR PEOPLE TO GET JUSTICE BEFORE THE LAW, AND SAYING THAT,

LOOK, WHEN WE'RE IN COURT EVERYONE IS EQUAL. THE GOVERNMENT IS NOT A

SPECIAL ENTITY. THAT, YOU KNOW, THIS IS -- THIS IS JUST ALLOWING US TO, YOU

KNOW, HAVE ACCOUNTABILITY AND PUBLIC TRUST. AT THE END OF THE DAY, I

MEAN, WE'VE SEEN TIME AND TIME AGAIN THAT GOVERNMENTS HAVE VIOLATED

THE PUBLIC TRUST, AND WE SHOULD GIVE AN OPPORTUNITY FOR PEOPLE TO GO

BEFORE THE COURT TO PLEAD THEIR CASE, AND IF IT'S DONE IN A CLASS ACTION

LAWSUIT SO THAT WE CAN EMPOWER INDIVIDUALS, AS LONG AS THEY MEET THE

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NYS ASSEMBLY JUNE 4, 2024

REQUIREMENTS, THE CASE SHOULD JUST BE ALLOWED TO MOVE FORWARD. WE'RE

NOT SAYING THAT THEY LOSE JUDICIAL, YOU KNOW, DISCRETION TO TAKE THE

MERITS OF THE CASE. ALL WE'RE SAYING IS THAT AS LONG AS THEY HAVE THE

REQUIREMENT, THEY CAN HAVE THEIR DAY IN COURT. AND WE SHOULD ALLOW

NEW YORKERS TO HAVE THEIR DAY IN COURT.

MS. WALSH: I -- I DON'T KNOW. I -- I GUESS WHERE

I'M HAVING TROUBLE IS THAT IT -- YOU'RE MAKING IT SOUND AS THOUGH THE

GOVERNMENTAL ENTITIES ENJOY SOME KIND OF COMPLETE IMMUNITY FROM

CLASS ACTION SUITS AND THEY DON'T. UNDER OUR CURRENT LAW THERE HAVE

BEEN A WHOLE LINE OF CASES THAT HAVE LAID OUT ON NUMEROUS EXCEPTIONS,

AT LEAST FOUR THAT I'M LOOKING AT, THAT -- OF CASES THAT DO QUALIFY AS CLASS

ACTIONS, SUCH AS ONE -- AND A LOT OF THIS TIES IN WITH THE EXAMPLES THAT

YOU GAVE AS TO WHY WE NEED TO MAKE GOVERNMENT NOT BE UNIQUE OR

DIFFERENT FROM ANY OTHER LITIGANT. BUT AMONG THESE EXCEPTIONS WERE,

ONE, WHERE THE GOVERNMENTAL ENTITY HAS REPEATEDLY FAILED TO COMPLY

WITH COURT ORDERS AFFECTING THE PROPOSED CLASS, RENDERING IT DOUBTFUL

THAT STARE DECISIS OR LEGAL PRECEDENT WILL OPERATE EFFECTIVELY; TWO, THE

ENTITY FAILS TO PROPOSE ANY FORM OF RELIEF THAT PURPORTS TO PROTECT

PLAINTIFFS; THREE, THE PLAINTIFF'S ABILITY TO COMMENCE INDIVIDUAL SUITS IS

HIGHLY COMPROMISED DUE TO INDIGENCE OR OTHERWISE. AND LET -- AND

FOCUS -- AND THAT'S REALLY -- THAT TIES IN WITH A LOT OF WHAT YOU WERE JUST

SAYING, WHERE YOU'RE SAYING THAT CERTAIN SINGLE INDIVIDUALS, PARTICULARLY

IF THEY'RE INDIGENT, THEY DON'T HAVE THE RESOURCES TO BE ABLE TO BRING A

CLASS ACTION -- OR -- OR ABSENT A CLASS ACTION TO BE ABLE TO HAVE THEIR

RIGHTS PRESERVED. THAT THIRD CARVEOUT IS SPECIFICALLY DESIGNED TO -- TO

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ADDRESS THAT SITUATION. AND THEN THE FOURTH EXCEPTION IS THAT THE

CONDITION SOUGHT TO BE REMEDIED BY PLAINTIFFS POSES AN IMMEDIATE

THREAT THAT CANNOT AWAIT INDIVIDUAL DETERMINATIONS. BUT, SO ALL -- SO WE

HAVE THE -- THE NEW YORK STATE COURT OF APPEALS DECISION THAT IS, GOD,

IT'S WHAT, ALMOST 50 YEARS OLD, AND THEN YOU'VE GOT ALL THIS WHOLE LINE

OF CASES CARVING OUT ALL THESE EXCEPTIONS. YOU'VE GOT JUDICIAL

DISCRETION ALREADY ABOUT GRANTING THE CLASS ACTION OR NOT AND CERTIFYING

IT. I JUST DON'T SEE WHY THE LEGISLATURE NOW HAS TO STEP IN AND -- AND BY

THE WAY, NOT FOR NOTHING, BUT THIS BILL IS 30 YEARS OLD. SO THIS HAS BEEN

TRYING TO GET PASSED FOR 30 YEARS AND, IN MY HUMBLE OPINION, IF IT WAS

SUCH A GREAT IDEA WE WOULD HAVE DONE IT OVER THE LAST 30 YEARS. BUT

WHY ARE WE -- WHY ARE WE STILL TRYING TO DO THIS NOW? WHY AREN'T -- I

MEAN, I HAVE -- I HAVE ALWAYS BEEN AN STAUNCH ADVOCATE FOR PEOPLE

WHO ARE DIFFERENTLY-ABLED, FOR PEOPLE WHO ARE INDIGENT, FOR OLDER NEW

YORKERS. I THINK ALL OF US HAVE A GREAT DEAL OF SYMPATHY AND EMPATHY

FOR THOSE INDIVIDUALS AND WANT THEM TO BE ABLE TO AND APPROPRIATELY

BAN TOGETHER IN AN APPROPRIATE CASE IN A CLASS ACTION, BUT THAT IS ALREADY

VERY MUCH ALLOWABLE AND CONTEMPLATED AND THOUGHT OF WITH THE CASES

THAT WE'VE -- THAT WE'VE DEVELOPED OVER THE LAST 40, ALMOST 50 YEARS.

SO AGAIN, I -- I JUST -- AND I JUST DON'T UNDERSTAND WHY

WE'RE CONTINUING TO SEEK TO DO THIS AND -- AND REALLY TAKE AWAY SOME

JUDICIAL DISCRETION WHERE REALLY ISN'T IT THE JUDGE IN A PARTICULAR CASE

THAT'S IN THE BEST POSITION TO EVALUATE ALL OF THOSE THINGS I JUST

MENTIONED AND DETERMINE WHETHER OR NOT A CLASS SHOULD BE CERTIFIED?

MS. SOLAGES: SO CASE LAW HAS HISTORICALLY HELD

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THAT GOVERNMENTAL OPERATIONS RULES ARE UPHELD. SO, YOU KNOW, WE SEE

TIME AND TIME AGAIN THAT NEW YORKERS ARE DENIED ACCESS TO THE COURT.

WE'RE JUST SIMPLY SAYING THAT WE WANT NEW YORKERS, WHETHER THEY'RE

AN INDIVIDUAL OR TOGETHER IN A CLASS ACTION LAWSUIT, HAVE ACCESS TO HAVE

THEIR DAY IN COURT.

MS. WALSH: I MEAN, AREN'T -- AREN'T THERE CERTAIN

ADVANTAGES TO ATTORNEYS WHO -- WHO ARE ABLE TO GET A CLASS ACTION

CERTIFIED? THERE -- I MEAN, I REMEMBER AS A BEGINNING ATTORNEY THAT

THAT WAS LIKE -- THAT WAS A HUGE PAYDAY. IF YOU COULD GET A -- A CLASS

ACTION CERTIFIED YOU WERE GONNA GET A LOT OF EXTRA MONEY AS AN ATTORNEY

BRINGING IT. SO I CAN UNDERSTAND, FOR EXAMPLE, THAT GOD BLESS THE TRIAL

LAWYERS, THEY SUPPORT THIS BECAUSE IT'S GONNA MEAN MORE -- MORE CLASS

ACTIONS WHICH MEANS MORE MONEY IN THEIR POCKETS. THEY WANT TO SEE

THAT. AND I HAVE NOTHING AGAINST PEOPLE MAKING MONEY, BUT, YOU

KNOW, ISN'T THAT -- DON'T WE THINK THAT WITH THE PASSAGE -- IF THIS BILL

PASSES AND ISN'T VETOED THIS TIME, THAT WE'RE GONNA HAVE MORE CLASS

ACTIONS AND THEN THAT'S JUST GONNA BE MORE CASES THAT ARE GONNA BE

MORE LUCRATIVE FOR THE -- THE -- THE BAR.

MS. SOLAGES: SO, NUMBER ONE, YOU KNOW, THIS

ALLOWS REDRESS -- REDRESS OR REMEDY TO ALL CITIZENS WHO ARE HARMED BY

GOVERNMENTAL AGENCIES THAT ACT ILLEGALLY. SO WE HAVE TO REMEMBER

THAT THE GOVERNMENTAL AGENCY IS NOT ACTING IN GOOD FAITH. SECOND, IT

REDUCES LITIGATION EXPENSES AND THE FILING OF MULTIPLE LAWSUITS

CHALLENGING THE SAME ILLEGAL CONDUCT. AND THEN ALSO IT PROVIDES NEW

YORK STATE WITH RESOURCES AS A LITIGANT CURRENTLY PURSUING THEIR CLASS

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NYS ASSEMBLY JUNE 4, 2024

ACTION SUIT ON A FEDERAL LEVEL WHERE THE RULE CURRENTLY DOESN'T APPLY.

SO FOR ME, WE'RE EMPOWERING NEW YORKERS TO GET JUSTICE AND MAKING

SURE THAT WE HOLD GOVERNMENT ACCOUNTABLE AND MAKING SURE THAT

THEY'RE TRANSPARENT AND WE'RE HAVING OVERSIGHT. SO, YOU KNOW,

HOPEFULLY THESE CASES DON'T COME ABOUT. YOU KNOW, I DON'T WANT -- I,

YOU KNOW, TO THINK THAT NEW YORK STATE IS CREATING, YOU KNOW,

MULTIPLE ATROCITIES AND ISSUES SO MUCH SO THAT WE HAVE TO HAVE

MULTIPLE, YOU KNOW, CLASS ACTION LAWSUITS THEN, YOU KNOW, WE NEED TO

LOOK AT OURSELVES IN THE FACE AND SEE HOW WE CAN REFORM AND MAKE OUR

GOVERNMENT BETTER. SO WE'RE JUST SAYING THAT WE JUST WANT AN

OPPORTUNITY FOR NEW YORKERS TO HAVE ACCESS TO THE COURT. SO WHETHER

YOU ARE POOR OR RICH, WE ARE ALL EQUAL BEFORE THE LAW.

MS. WALSH: WELL, IF WE HAVE MORE CLASS ACTIONS,

RIGHT, THEN WE HAVE MORE LITIGATION -- MAYBE NOT INDIVIDUAL, BUT

THROUGH THE CLASS ACTION -- GREATER FEES. WHO -- WHO IS IT THAT ENDS UP

PAYING THE FEES WHEN THERE'S A CLASS ACTION THAT IS VICTORIOUS AS AGAINST

A GOVERNMENTAL ENTITY?

MS. SOLAGES: SO ARE YOU SAYING THAT WE SHOULD

NOT BE SEEKING JUSTICE AND THAT --

MS. WALSH: THAT'S NOT WHAT I'M SAYING.

MS. SOLAGES: -- GOVERNMENT SHOULD CONTINUE, YOU

KNOW, THEIR MISCONDUCTS BECAUSE WE WANT TO SAVE MONEY?

MS. WALSH: NO, THAT -- NO. BUT WHAT I'M SAYING IS

ALONG THE LINES OF WHAT NYSAC SAID IN THEIR OPPOSITION MEMO, THEY

AGREED WITH THE GOVERNOR'S VETO MESSAGE FROM LAST YEAR WHEN THE

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NYS ASSEMBLY JUNE 4, 2024

GOVERNOR VETOED THIS AFTER WE PASSED THIS BILL WITH 40 NO VOTES OUT OF

THIS HOUSE. NYSAC AGREED WITH THE GOVERNOR'S MESSAGE. THEY SAID

THERE WOULD BE MASSIVE COSTS THAT WOULD BANKRUPT A COUNTY OR ANY

OTHER GOVERNMENTAL ENTITY, FOR THAT MATTER, IF CLASS ACTIONS WERE

ALLOWED. GRANTING THE COURTS THE AUTHORITY TO CONTINUE TO DETERMINE

CLASS ACTIONS IS THE MOST PRUDENT WAY TO CONTINUE, AS IS THE CASE IN

EXISTING LAW.

MS. SOLAGES: SO I -- I JUST WANT TO NOTE THAT THIS

BILL DOES NOT REQUIRE CLASS ACTION. IT MERELY JUST MAKES IT CLEAR THAT A

COURT CANNOT DENY OR WITHHOLD A CLASS ACTION CERTIFICATION SOLELY

BECAUSE A LAWSUIT INVOLVES A GOVERNMENTAL OPERATION. SO, YOU KNOW,

ANYONE CAN SUE. YOU KNOW, THIS IS AMERICA. YOU KNOW, ANYONE CAN

FILE A LAWSUIT BUT THAT DOESN'T MEAN IT HAS MERIT. SO AT THE END OF THE

DAY, LITIGANTS STILL HAVE TO MEET THE REQUIREMENTS OF A CLASS ACTION

PROVISION, AND ALSO, YOU KNOW, STAY, YOU KNOW, AND -- AND FIGHT A CASE.

SO AT THE END OF THE DAY, WE'RE NOT -- THIS IS NOT GONNA CREATE AN

AVALANCHE OF, YOU KNOW, LAWSUITS BECAUSE LAWSUITS STILL HAVE TO BE

LITIGATED. IT JUST SIMPLY SAYS THAT THE GOVERNMENT IS NOT A SPECIAL

LITIGANT, IT'S NOT SPECIAL BEFORE THE COURTS, AND THAT WE ARE ALL EQUAL

BEFORE THE LAW. THAT -- THAT'S SIMPLE AS IT CAN BE.

MS. WALSH: I APPRECIATE YOUR RESPONSES.

AND, MR. SPEAKER, ON THE BILL.

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

MS. WALSH: WITH ALL DUE RESPECT TO THE SPONSOR OF

THIS LEGISLATION, THIS -- THIS IS A REALLY -- EVEN THOUGH IT'S ONLY A COUPLE

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LINES OF TEXT, THIS COULD REALLY CHANGE THE WAY THAT CLASS ACTIONS ARE

HANDLED AS IT ADDRESSES GOVERNMENT OPERATIONS. I DON'T SEE ANY REASON

FOR THIS CHANGE TO BE HAD. I HAVEN'T SEEN OR HEARD OF ANY EVIDENCE THAT

THE INDIVIDUALS THAT THE SPONSOR SAYS ARE UNABLE TO BE -- UNABLE TO BRING

SEPARATE LAWSUITS ARE BEING DENIED ACCESS TO THE COURTS. I DON'T SEE ANY

REASON TO BE MAKING SUCH A FUNDAMENTAL CHANGE, AND I REALLY DON'T SEE

ANY REASON TO BE CHANGING THE CURRENT RULE WHICH DOES SAY THAT A COURT

AND A JUDGE, THEY ARE IN THE BEST POSITION TO EXAMINE THE REQUIREMENTS

UNDER SECTION 901 OF THE CPLR AND DETERMINE WHETHER OR NOT IN A

PARTICULAR CASE A MATTER SHOULD BECOME A CLASS ACTION AND BE CERTIFIED

OR NOT. THIS BODY HAS HAD A LONG TIME TO THOUGHTFULLY CONSIDER THIS

LEGISLATION SINCE IT FIRST CAME UP IN 1994, AND IT HAS DIED FOR MANY,

MANY YEARS, AND LAST YEAR IT FINALLY PASSED WITH 40 NO VOTES AND WAS

VETOED BY THE GOVERNOR. AND WHAT THE GOVERNOR SAID IS -- AND I DIDN'T

ASK THE SPONSOR, BUT I DO NOT BELIEVE THAT THE BILL WAS MODIFIED IN ANY

WAY IN RESPONSE TO HER MESSAGE. SORRY. SHE SAID -- GOVERNOR HOCHUL

SAID, THE COURTS HAVE PRUDENTLY DEVELOPED A NUMBER OF EXCEPTIONS TO

THE PRESUMPTION AGAINST CLASS ACTIONS IN GOVERNMENTAL OPERATIONS

CASES, INCLUDING WHERE THE GOVERNMENT ENTITY FAILS TO COMPLY WITH

COURT ORDERS, FAILS TO PROPOSE ANY FORM OF RELIEF TO THE LITIGANTS OR

WHERE INDIGENCY -- IF I MAY JUST FINISH UP, I'M ALMOST DONE -- OR WHERE

INDIGENCY PREVENTS A PLAINTIFF FROM COMMENCING AN INDIVIDUAL CLAIM.

WHEN A CLASS ACTION MAY BE THE SUPERIOR METHOD TO ADJUDICATE SUCH

MATTERS, COURTS READILY CERTIFY CLASSES WHEN THE FACT OF THE CASE SO

WARRANT. THAT DISCRETION SHOULD NOT BE DISTURBED. AND I -- I AGREE

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WITH THE GOVERNOR'S MESSAGE, AS DOES NYSAC AND AS DID 39 OF MY

OTHER COLLEAGUES HERE LAST YEAR.

FOR THOSE REASONS I'LL BE IN THE NEGATIVE AND I WOULD

ENCOURAGE MY COLLEAGUES TO ALSO VOTE NO. THANK YOU, MR. SPEAKER.

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 OPPOSED TO THIS BILL. THOSE WHO SUPPORT IT ARE WELCOME

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

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

OF LEGISLATION. THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN

EXCEPTION, THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

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.

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PAGE 8, RULES REPORT NO. 98, THE CLERK WILL READ.

THE CLERK: SENATE NO. S01804, RULES REPORT NO.

98, SENATOR ADDABBO (A04895 - ARDILA, COLTON, AUBRY, HEVESI,

SANTABARBARA). AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO

REQUIRING GAS AND ELECTRIC CORPORATIONS TO PROVIDE 60 DAYS' NOTICE TO

CUSTOMERS WHENEVER THERE IS A SERVICE RATE OR CHARGE INCREASE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ARDILA.

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

WOULD REQUIRE FOR GAS AND ELECTRIC COMPANIES TO PROVIDE 60-DAY NOTICE

FOR ANY CHANGES OR INCREASES TO THEIR -- TO CONSUMERS' RATE SERVICES.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MR. ARDILA, WILL YOU

YIELD?

MR. ARDILA: YES, SIR.

MR. PALMESANO: THANK YOU, MR. ARDILA.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: IN READING YOUR BILL, IT'S A VERY

SHORT BILL AND IT SEEMS LIKE IT'S A SIMPLE BILL BUT THERE SOME QUESTIONS I

HAVE FOR YOU ON IT BECAUSE IT'S MORE THAN THAT.

MR. ARDILA: ABSOLUTELY.

MR. PALMESANO: WHAT IS THE GENESIS OF THIS BILL?

WHY -- WHY DO YOU BELIEVE THIS BILL IS SPECIFICALLY NECESSARY?

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MR. ARDILA: UH --

MR. PALMESANO: ISN'T -- WHEN A RATE CASE IS -- ARE

YOU -- I'M SORRY, I'LL LET YOU GO AHEAD.

MR. ARDILA: SURE. SO JUST TO PROVIDE SOME

CONTEXT, CURRENTLY THE PUBLIC SERVICE COMMISSION, THEY POST

DOCUMENTS THAT ARE HUNDREDS OF PAGES LONG WHEN IT RELATES TO UTILITY OR

RATE CHANGES OR RATE CASES, WHICH MAKES IT VERY CHALLENGING FOR THE

AVERAGE RATEPAYER TO UNDERSTAND WHAT'S HAPPENING, TO NAVIGATE WHY

THEIR RATES ARE BEING CHANGED. AND SO IT GIVES THEM A BIT OF A FIGHTING

CHANCE. AND SO RIGHT NOW THERE IS A REQUIREMENT FOR UTILITIES TO

PROVIDE NOTICES TO MUNICIPALITIES AND LOCAL PUBLICATIONS, BUT THIS WILL

STREAMLINE THE PROCESS AND ENSURE THAT EVERY SINGLE UTILITY CONSUMER

WILL GET WRITTEN NOTICE WHEN THERE'S A RATE INCREASE.

MR. PALMESANO: IS -- IS THIS PRIMARILY THE HIT

WHEN YOU SEE THE MAJOR RATE INCREASES THAT ARE BEING PROPOSED BY THE

UTILITIES? IS THIS SPECIFICALLY REALLY TARGETED AND DIRECTED TOWARDS THAT?

MR. ARDILA: ONE MORE TIME, I'M SORRY.

MR. PALMESANO: I'M SORRY. IS -- IS - IS IT YOUR

INTENTION, REALLY, WITH THIS BILL TO ADDRESS WHEN YOU SEE A MAJOR RATE

INCREASE, LIKE WHEN THE UTILITIES GO TO THE PSC FOR RATES INCREASES? IS

THAT PRIMARILY WHAT THIS BILL IS INTENDING TO ADDRESS?

MR. ARDILA: I MEAN, PART OF IT IS THAT, RIGHT? WE

WANT TO MAKE SURE THAT PEOPLE UNDERSTAND WHAT'S HAPPENING, ESPECIALLY

WHEN THERE'S A HUGE SPIKE IN THE RATE INCREASES.

MR. PALMESANO: SURE.

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MR. ARDILA: BUT IT ALSO PROVIDES A CHANCE FOR

WORKING-CLASS FAMILIES AND ALSO VULNERABLE SENIORS TO KNOW, AND GIVES

THEM A BIGGER NOTICE TO UNDERSTAND WHAT'S HAPPENING BECAUSE RIGHT

NOW A 30-DAY NOTICE CAN BE CHALLENGING. IT GIVES PEOPLE A SHORT

AMOUNT -- A SHORT WINDOW TO KIND OF ADJUST THEIR ENERGY CONSUMPTION.

IF YOU GIVE THEM 60 DAYS' NOTICE THEN YOU CAN REALLY GIVE THEM A

FIGHTING CHANCE TO UNDERSTAND AND JUST ENSURE WHAT THEY'RE DOING WITH

THEIR CONSUMPTION OF ENERGY AND HOW THEY CAN ADJUST.

MR. PALMESANO: OKAY, AND I UNDERSTAND THAT.

BUT IS IT YOUR INTENTION WITH THIS BILL TO REALLY BE -- TO ADDRESS THE -- THE

MAJOR RATE INCREASE PROPOSALS THAT ARE OUT THERE OR OTHERS? ANY TYPE OF

INCREASE.

MR. ARDILA: THIS IS FOR ALL AND ANY RATE INCREASES.

MR. PALMESANO: FOR ALL INCREASES?

MR. ARDILA: CORRECT.

MR. PALMESANO: BECAUSE YOU'RE -- YOU'RE AWARE

THERE ARE NUMEROUS ADJUSTMENTS AND RATES AND CHARGES THAT ARE PUT ON

BILLS THROUGHOUT THE CYCLE; IS THAT CORRECT? YOU'RE AWARE OF THAT?

(PAUSE)

MR. ARDILA: YEAH, SO THIS IS ALL IN ACCORDANCE TO A

PLAN OF THREE YEARS IN TERMS.

MR. PALMESANO: I'M SORRY, I COULDN'T HEAR YOU.

MR. ARDILA: IT'S -- IT'S IN ACCORDANCE TO A PLAN OF

THREE YEARS.

MR. PALMESANO: THREE YEARS. SO, FOR EXAMPLE, I

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GUESS MY QUESTION -- AND I THINK WHEN YOU SAY "CHARGES", AS YOU SAID

EXACTLY, AN INCREASE IN RATES OR CHARGES, WE'RE NOT JUST TALKING ABOUT

THOSE MAJOR RATE INCREASES, THE ONES THAT GET THE HEADLINES, WHETHER IT'S

A UTILITY GOING FOR A 30 PERCENT OR 40 PERCENT. WE'RE TALKING ABOUT ALL

CHARGES, ALL INCREASES, CORRECT? OR RATES OR CHARGES.

MR. ARDILA: ESSENTIALLY.

MR. PALMESANO: OKAY. SO THERE ARE A HOST OF

DIFFERENT CHARGES AND RATE INCREASES. FOR EXAMPLE, I'LL -- I'LL LIST A

COUPLE OF THEM JUST SO YOU HEAR: DEMAND CHARGES ARE BASED ON TIME

OF DAY USAGE, WHICH MAY RESULT IN INCREASED CHARGES ON A DAILY BASIS;

SYSTEMS BENEFIT CHARGE TO FUND PUBLIC INITIATIVES THROUGH THE

NYSERDA; EARNINGS ADJUSTMENTS AND MECHANISM WHICH PROVIDES

POTENTIAL INCREASES BASED ON ENERGY EFFICIENCY AND BUILDING

ELECTRIFICATION TARGETS; TRANSMISSION REVENUE ADJUSTMENT TARIFF, WHICH

PROVIDES A REC -- RECONCILIATION OF BASE TRANSMISSION REVENUE; VALUE OF

DISTRIBUTED ENERGY RESOURCES TO COMPENSATE DISTRIBUTED ENERGY

RESOURCES; AND THEN THE RATES ADOPTED BY THE PUBLIC SERVICE

COMMISSION THAT ARE TEMPORARY OR RATES ON A SLIDING SCALE. SO EACH

ONE OF THOSE PROVISIONS CAN CHANGE ON A REGULAR BASIS, CAN BE

MODIFIED. BASED ON THE LANGUAGE OF THIS BILL, EVERY TIME ONE OF THESE

ARE CHANGING, NOTIFICATION WOULD HAVE TO BE PROVIDED TO THE CONSUMER

NOT JUST ON THOSE MAJOR RATE INCREASES, WHICH I THINK GETS A LOT OF

ATTENTION. SO BASED ON YOUR LANGUAGE OF THIS BILL, IT WOULD IMPACT EACH

AND EVERY ONE OF THESE THINGS AND A NOTIFICATION WOULD HAVE TO BE SENT

OUT TO ALL THE CUSTOMERS, RIGHT?

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MR. ARDILA: RIGHT. SO, THE COMMISSION HAS SOME

DISCRETION IN TERMS OF HOW THE RATEMAKING PROCESS GETS MADE, BUT

OBVIOUSLY THE INTENTION IS TO STREAMLINE THE PROCESS AS MUCH AS

POSSIBLE. WE WANT TO PROTECT PEOPLE, CONSUMERS, ESPECIALLY WHEN IT

COMES TO THE RATE INCREASES TO GIVE THEM AMPLE TIME, AND WE ALSO WANT

TO ENSURE THAT THERE'S DIRECT COMMUNICATIONS. SO THAT COULD BE DONE

ELECTRONICALLY, THAT COULD BE DONE THROUGH BILLING STATEMENTS, BUT

AGAIN, THERE'S SOME DISCRETION IN TERMS OF HOW THE RATEMAKING PROCESS

WILL BE MADE.

MR. PALMESANO: I -- I CAN APPRECIATE THE -- THE

DISCRETION, BUT I -- I GUESS I'M CONCERNED WHEN IT DOESN'T SAY THAT.

WOULDN'T IT BE BETTER TO LAY OUT -- IF YOUR GOAL IS REALLY -- AT LEAST FROM

OUR CONVERSATION, I'M KIND -- UNLESS I'M INTERPRETING IT WRONG, YOUR

GOAL IS TO ADDRESS THESE MAJOR RATE INCREASES INSTEAD OF HAVING TO SEND

OUT A NOTIFICATION FOR THESE ADJUSTMENTS THAT MIGHT HAPPEN ON ALL

SPECIFIC LIKE ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN DIFFERENT

MECHANISMS THAT COULD TRANSLATE A RATE SLIDING SCALE INCREASE. IT

SOUNDS LIKE YOU WANT TO GO JUST ON THE -- THE MAJOR RATE INCREASE, BUT

BASED ON THE LANGUAGE OF THIS LAW, UTILITIES WOULD BE COMPELLED TO FILE

A NOTIFICATION RIGHT AWAY, CORRECT?

MR. ARDILA: THEY WOULD HAVE TO GIVE 60 DAYS'

NOTICE, BUT ALSO, AGAIN, WE HAVE FULL CONFIDENCE IN THE PUBLIC SERVICE

COMMISSION -- PUBLIC SERVICE COMMISSION TO JUST DETERMINE HOW THAT

PROCESS AND HOW THAT RATEMAKING PROCESS GETS DONE.

MR. PALMESANO: WELL, I GUESS JUST TO GO BACK,

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UNLESS I'M WRONG, IF YOU JUST WANT TO FOCUS ON PRIME RATE CASES,

WOULDN'T IT BE BETTER TO MAKE THE LANGUAGE SPECIFIC TO THAT RATHER THAN

SAY ALL RATES AND CHARGES? BECAUSE THAT, AGAIN, BASED ON THAT, WE'RE

GONNA HAVE TO GIVE A 60-DAY NOTIFICATION EACH TIME WE MOVE ALONG THIS

PROCESS, CORRECT?

MR. ARDILA: AGAIN, IT IS A 60-DAY NOTICE. IT DOES

REQUIRE MORE WORK, BUT THE WHOLE GOAL OF THIS IS TO GIVE THAT DIRECT LINE

OF COMMUNICATIONS TO, AGAIN, WORKING-CLASS FAMILIES, VULNERABLE

CITIZENS, VULNERABLE SENIORS --

MR. PALMESANO: SURE.

MR. ARDILA: -- RATHER -- IN BOTH OF OUR DISTRICTS.

MR. PALMESANO: SURE.

MR. ARDILA: SO IT CREATES A STREAMLINED PROCESS

AND, AGAIN, YOU GET TO UNDERSTAND WHAT THOSE RATE -- RATE INCREASES LOOK

LIKE AND IT GIVES YOU AMPLE TIME FOR ADJUSTMENTS (INAUDIBLE/CROSS-TALK).

MR. PALMESANO: SO LET'S SAY, LIKE, THE MAJOR RATE

INCREASES WE TALK ABOUT IT. IT GOES THROUGH -- THE -- THE FIRST IS THE

PUBLIC AWARENESS WHERE THE UTILITY GOES TO THE PSC SAYING THEY WANT TO

INCREASE THEIR RATES (INAUDIBLE). THEN THERE'S LIKE A BACK-AND-FORTH,

THERE'S PUBLIC HEARINGS, THERE'S -- THERE'S NEGOTIATIONS AND ULTIMATELY,

THEN THERE'S A SETTLEMENT AND THEN THAT ANNOUNCEMENT COMES OUT,

CORRECT?

(PAUSE)

MR. ARDILA: SO, IT IS -- IT IS A CONCERN, BUT AGAIN,

THAT SETTLEMENT ALLOWS ROOM FOR FLEXIBILITY SO WE ARE GOING TO WORK TO

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ADJUST IT.

MR. PALMESANO: SO I'M JUST SAYING, SO ONCE THAT

-- ONCE THAT'S FINALIZED, THE PSC SAYS IT CAN BE IN OCTOBER, OKAY, YOU

CAN BEGIN YOUR RATE INCREASE IN NOVEMBER. AND THAT HAS HAPPENED.

BUT BASED ON THE LANGUAGE OF THIS BILL, THAT WOULD NOT BE ABLE TO TAKE

EFFECT. THEY'D HAVE TO DELAY THAT IMPLEMENTATION OF THAT RATE INCREASE

FOR 60 DAYS VERSUS WHAT THE PSC ORDERED AFTER A YEAR OF NEGOTIATION?

MR. ARDILA: THEY -- TYPICALLY IT -- IT IS 60 DAYS.

MR. PALMESANO: BUT IT HAS HAPPENED RECENTLY

WHERE AFTER GOING THROUGH NEGOTIATIONS IT WAS, YOU KNOW, THE PSC

CAME THROUGH WITH A TEMPORARY INCREASE IN OCTOBER BUT THEN SAYING IT

WOULD TAKE EFFECT FOR NOVEMBER. BUT IN THIS CASE, UNDER THIS BILL, THAT

WOULD NOT BE ABLE TO TAKE EFFECT, THEN, CORRECT? SO 60 DAYS ARE PASSED?

MR. ARDILA: NOT WITHOUT (INAUDIBLE).

MR. PALMESANO: SO IT WOULD DELAY THAT. SO

BASICALLY, THE PSC WAS SAYING TO THE UTILITY, OKAY, BEGINNING

NOVEMBER 1ST YOU CAN INCREASE YOUR RATE BASED ON THIS NEGOTIATION.

NOW THEY WOULD HAVE TO WAIT 60 DAYS FROM THAT NOTIFICATION INSTEAD,

RIGHT?

MR. ARDILA: YEAH, ESSENTIALLY.

MR. PALMESANO: OKAY. NOW WHAT -- HOW --

HOW DOES IT DEAL WITH SOMEONE WHO BECOMES A CUSTOMER WITHIN THAT

60-DAY PERIOD IF -- HOW DOES THAT IMPACT THEM OR HOW DO YOU VIEW

THAT IMPACTING THEM?

MR. ARDILA: ONE MORE TIME.

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MR. PALMESANO: SO SAY I'M A -- A CUSTOMER OF

NYSEG RIGHT NOW AND I MOVE -- AND I MOVE INTO A CUSTOMER OF NI --

NATIONAL GRID AND I MOVE IN WITHIN THAT 30-DAY -- 60-DAY PERIOD.

WHAT HAPPENS? WHAT RESPONSIBILITY IS THERE FROM THAT PERSPECTIVE?

JUST -- JUST CURIOUS FROM THAT --

MR. ARDILA: FOR SURE. I MEAN, I THINK IT'S A BIT OF

TECHNICALITY AND ALSO THERE'S A WAY TO NAVIGATE IT AND I'M SURE THE

PUBLIC SERVICE COMMISSION CAN COME UP WITH A STREAMLINED PROCESS

FOR THOSE -- THOSE SPECIFIC TYPE OF CASES WHERE, YOU KNOW, IF YOU'RE

COMING IN WITHIN THAT WINDOW FRAME THEY CAN ADJUST TO SEE WHAT'S THE

BEST WAY TO MOVE FORWARD WHEN IT COMES TO NOTIFYING PEOPLE FOR THEIR

UTILITY CHANGES AND ANY INCREASES IN THEIR RATES.

MR. PALMESANO: SO THE NOTICE PROVIDED FOR THIS

BILL, WHICH IS 60 DAYS PRIOR TO AN INCREASE IN RATES OR CHARGES WHICH

WE'VE BEEN DISCUSSING, WHAT TYPE OF NOTICE DO YOU CONTEMPLATE OR IS

THAT BASICALLY LEFT TO THE DISCRETION OF THE PSC TO IMPLEMENT THAT?

MR. ARDILA: IT'S GONNA BE UP TO THEIR DISCRETION.

THEY'RE -- THEY'RE GONNA DETERMINE HOW THAT -- THAT RATE INCREASE -- THE

RATE INCREASE PROCESS IS TAKING PLACE. BUT AGAIN, IT'S STILL A WORK IN

PROGRESS, THEY CAN DO THAT THROUGH BILLING STATEMENTS OR IMPLEMENTED

WITHIN THE BILLING STATEMENT THAT GOES DIRECTLY TO THE CONSUMER.

THERE'S ALSO ELECTRONIC WAYS OF COMMUNICATION AS WELL. SO AGAIN, THE

GOAL IS NOT TO -- FOR EXAMPLE, WE'RE NOT TRYING TO INCREASE THE RATE OR

PUT THAT FEE ON RATEPAYERS, BUT RATHER STREAMLINE THAT PROCESS AND THEN

LOOK FOR -- WORK WITH THE COMMISSION TO DETERMINE WHAT'S THE BEST

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WAY OF MOVING FORWARD SO THAT PEOPLE CAN GET DIRECT COMMUNICATION

WHEN IT COMES TO THEIR ENERGY CONSUMPTION.

MR. PALMESANO: ARE -- ARE YOU AWARE OF THE, AS

THEY REFER TO IT AS THE "MAKE WHOLE" PROVISION, BY CHANCE? AND IF NOT

THAT'S OKAY.

MR. ARDILA: YOU CAN -- YOU CAN ENLIGHTEN ME.

MR. PALMESANO: WELL, THE MAKE WHOLE

PROVISION -- AND I KNOW YOU HAVE STAFF THERE THAT WILL TELL YOU IF I'M

PROBABLY WRONG, TOO -- THE WAY I UNDERSTAND IT IS WHEN THEY GO THROUGH

THIS LONG PERIOD OF NEGOTIATION AND CONTEMPLATION BETWEEN THE UTILITY

AND THE PSC TO DETERMINE THAT RATE, AND THEN SOMETIMES IT GOES --

SOMETIMES THERE'S EXTENSIONS, MONTH-LONG EXTENSIONS NEGOTIATED

DURING THAT PERIOD OF TIME BEFORE THEY SETTLE ON A RATE WHICH ALLOWS THE

UTILITY TO CAPTURE THAT DELAY. SO IN THE INSTANCE THAT I -- I GAVE YOU

EARLIER WHERE THE RATE WAS APPROVED IN, LIKE, SAY, OCTOBER AND A MONTH

LATER THEY WERE SUPPOSED TO GO INTO EFFECT. IF THAT WOULD HAVE HAD A

DELAY, I MEAN, WE'RE TALKING SEVERAL HUNDRED THOUSAND DOLLARS A DAY IN

AN ADJUSTMENT, AND THEN IF YOU HAVE TO EXTEND IT OUT FOR 45-PLUS DAYS

YOU'RE TALKING ABOUT AN ADDITIONAL $20-PLUS MILLION IN CHARGES.

WOULDN'T THAT ULTIMATELY BE BORNE BY THE RATEPAYER FOR THOSE DELAYS

BECAUSE OF THIS MAKE WHOLE PROVISION? ISN'T THAT A CONCERN THAT SHOULD

BE ALLEVIATED? AND HOW DOES THE PSC HAVE DISCRETION WHEN THIS IS

STATUTORY?

MR. ARDILA: I MEAN, IT COULD STILL BE MADE WHOLE,

BUT IT WOULD JUST HAVE TO BE AFTER THE 60 DAYS.

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MR. PALMESANO: BUT THAT WOULD ULTIMATELY BE

PAID BY THE RATEPAYER, CORRECT?

MR. ARDILA: IT IS NOW.

MR. PALMESANO: ONE OTHER -- ONE OTHER QUESTION

ON THIS. HOW DOES IT REALLY -- HOW DOES IT APPLY WITH THE SUPPLY COST

INCREASE? BECAUSE UTILITIES, I MEAN, THERE -- THERE'S RATE CASES BUT THE

-- THE SUPPLY COST IS INCREASING, YOU KNOW, ON -- ON A MONTHLY BASIS.

SO WE HAVE THOSE OTHER AREAS THAT ARE -- THERE ARE ADJUSTMENTS WE

TALKED ABOUT. SO IF THE SUPPLY IS INCREASING, YOU KNOW, FROM MONTH TO

MONTH, HOW -- ARE THEY SUPPOSED TO NOTIFY THE CUSTOMER THAT THEIR

SUPPLY IS INCREASING THIS MUCH AND IT HAS TO BE A NOTIFICATION FOR THAT OR

IS IT JUST A PSC RATE -- RATE CARRYING PROCEDURE?

MR. ARDILA: THAT -- I MEAN -- THE PUBLIC SERVICE

COMMISSION CAN DETERMINE WHAT'S THE BEST FACTOR TO CALCULATING THAT.

BUT AGAIN, I DON'T FORESEE DRASTIC CHANGES IN -- IN ENERGY CONSUMPTION.

HOPEFULLY WHEN -- WITH THE 60-DAY NOTICE PEOPLE WILL GET AMPLE TIME

TO JUST ADJUST BECAUSE AGAIN, I MEAN, I'M SURE YOU SEE THIS IN YOUR

DISTRICT, TOO. COST OF LIVING IS INCREASING ESPECIALLY IN NEW YORK CITY

AND IN MY DISTRICT IN QUEENS. IT GIVE THEM A BIT AMPLE TIME TO ADJUST

THEIR ENERGY CONSUMPTION, NOTIFIES THEM WHAT'S THE BEST WAY TO

NAVIGATE WITH THEIR FINANCES, AND JUST GIVES THEM A FIGHTING CHANCE TO

REALLY UNDERSTAND HOW THEIR ENERGY CONSUMPTION IS BEING --

MR. PALMESANO: SURE. AND I THINK -- AND I'LL

PROBABLY GO BACK TO THIS WHEN I GO ON THE BILL, TOO. I JUST THINK THE --

AND I UNDERSTAND YOUR INTENTION, AND I THINK IF YOU NARROW IT REALLY JUST

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TO THE RATE, THE MAJOR RATE INCREASES, PER SE, I THINK YOU MIGHT HAVE A

LITTLE BIT OF A NOT AS COMPLICATED -- IT'S STILL IS COMPLICATED BECAUSE WE

GAVE EXAMPLES. BECAUSE YOU WOULD AGREE THAT THE SYSTEMS ARE -- OUR

RATES AND CHARGES IS A EXTREMELY COMPLEX PROCESS WITH A LOT OF MOVING

PARTS AND CHANGE ON A REGULAR BASIS, RIGHT?

MR. ARDILA: SURE, ABSOLUTELY.

MR. PALMESANO: SO THAT'S WHY THE PSC NEEDS

THAT DISCRETION. AND YOU DON'T FEEL LIKE RIGHT NOW THIS BILL WILL -- IT

SEEMS LIKE IT WILL TAKE DISCRETION AWAY FROM THE PSC. IF THE PSC FEELS

THAT IT NEEDS A BETTER JOB NOW, THEY CAN ACT ON THAT AND MAKE ACTIONS

ACCORDINGLY THROUGH A PROCEEDING WITH THE UTILITIES, TOO. IF THEY

WANTED TO MAKE THESE CHANGES THAT YOU'RE RECOMMENDING, THEY COULD

ADDRESS THIS ON THEIR OWN, UNDER THEIR OWN DISCRETION IF THEY FELT IT WAS

NECESSARY, CORRECT?

MR. ARDILA: CORRECT.

MR. PALMESANO: OKAY. WELL, MR. ARDILA, THANK

YOU VERY MUCH FOR YOU TIME. I APPRECIATE IT.

MR. ARDILA: THANK YOU.

MR. PALMESANO: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ZACCARO: ON THE BILL, MR.

PALMESANO.

MR. PALMESANO: YES. I CAN APPRECIATE THE

INTENTION OF THE SPONSOR, I KNOW WHAT HE'S TRYING TO GET AT. HE WANTS TO

PROVIDE MORE TRANSPARENCY AND I UNDERSTAND THAT. THE PROBLEM IS THIS

BILL AS WRITTEN IS VERY BROAD AND VERY, VERY PROBLEMATIC. FIRST OF ALL,

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AND I THINK FROM OUR CONVERSATION HE WAS REALLY INTERESTED IN -- UNLESS

I'M WRONG, I DON'T THINK I AM -- GETTING AT THE MAJOR RATE INCREASES THAT

WE SEE THAT ARE IN THE CATCH -- CAPTURE THE HEADLINES AND IS ON THE

NEWS. THIS UTILITY GOING FOR A 30 PERCENT INCREASE, THIS UTILITY GO FOR

THAT. THAT'S WHAT I THINK HE WANTS TO ADDRESS. THE PROBLEM IS THE

LANGUAGE OF THIS BILL SAYS RATES OR CHARGES IMPOSED. AND THERE ARE

MORE -- THERE'S MORE TO IT THAN JUST THESE GENERAL RATE INCREASES, THE --

THE BIG ONES. WE'RE TALKING ABOUT -- AGAIN, THERE'S -- DEMAND CHARGES

ARE BASED ON TIME OF DAY USAGE WHICH MAY RESULT IN INCREASED CHARGES

ON A DAILY BASIS. TWO, THERE'S A SYSTEM BENEFITS CHARGE TO FUND PUBLIC

INITIATIVES THROUGH THE NEW YORK STATE ENERGY RESEARCH AND

DEVELOPMENT AUTHORITY. THREE, THERE'S AN EARNINGS ADJUSTMENT

MECHANISM WHICH PROVIDES POTENTIAL INCREASES BASED ON MEETING

ENERGY EFFICIENCY AND BUILDING ELECTRIFICATION TARGETS. FOUR, THERE'S A

VALUE OF DISTRIBUTED ENERGY RESOURCES TO COMPENSATE DISTRIBUTED ENERGY

RESOURCES. AND FIVE, YES, THE RATES ADOPTED BY THE PUBLIC SERVICE

COMMISSION WHICH MAY BE TEMPORARY OR THOSE RATES MAY BE SLIDING

RATE INCREASES. THIS IS A VERY COMPLEX FIELD. THIS IS A VERY COMPLEX

STRUCTURE, AS WE KNOW. AND I APPRECIATE WHAT THE SPONSOR IS TRYING TO

DO. THIS LANGUAGE -- THE -- THE BROADEST OF THIS LANGUAGE IS GOING TO BE

VERY, VERY PROBLEMATIC. THE MAKE WHOLE PROVISIONS OF THE LAW WHICH

ALLOWS THE UTILITY WHEN YOU DELAY AN IMPLEMENTATION OF A MAJOR PUBLIC

RATE CASE AFTER IT WAS NEGOTIATED, IT WAS PUBLIC FROM THE BEGINNING WHAT

THEY WANTED, GOES THROUGH THE PROCESS, TAKES MONTHS, OVER A YEAR

SOMETIMES. THEY COME UP WITH A DATE, THEN THE UTILITY DOESN'T KNOW

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WHEN IT'S APPROVED UNTIL IT'S THAT DAY, AND THEN THEY HAVE -- IT MIGHT

TAKE EFFECT -- IN ONE CASE THEY GOT THE NOTIFICATION IN OCTOBER AND THEN

IT WAS SUPPOSED TO TAKE EFFECT IN NOVEMBER. UNDER THIS LEGISLATION

THAT WOULD NOT BE ABLE TO TAKE PLACE, BUT WHAT IT WOULD DO BY DELAYING

THE IMPLEMENTATION OF THAT WOULD COST MILLIONS AND MILLIONS OF DOLLARS

MORE TO IMPLEMENT IT, AND WHAT WOULD WHAT HAPPEN IN THAT -- THOSE

MILLIONS AND MILLIONS OF DOLLARS MORE WOULD BE A HEAVIER LIFT AND A

BIGGER EXPENSE TO THE RATEPAYER WHO ARE GONNA HAVE TO PAY FOR THIS. I

THINK IN MANY INSTANCES WE SEE BILLS LIKE THIS ASKING THE -- THE PSC TO

DO THIS, THE PSC TO DO THAT. I'VE SEEN IT. THE ONE THING THE PSC SHOULD

REALLY DO IF THEY WERE REALLY SERIOUS, IF THIS BODY WAS REALLY SERIOUS,

WE SHOULD HAVE A LINE ITEM ON THE BILL TO TELL THE PUBLIC WHAT IT'S GONNA

COST THEM TO IMPLEMENT THE CLCPA, THE GREEN NEW DEAL FOR NEW

YORK. THE PSC DOESN'T WANNA DO IT, THE GOVERNOR DOESN'T WANNA DO IT

AND THE MAJORITY DOESN'T WANNA TO DO IT. WHY? BECAUSE IT'S SO COSTLY

YOU DON'T WANT YOUR CONSTITUENTS TO KNOW HOW MUCH IT'S GONNA COST

THEM. IF IT'S SUCH A GOOD THING TO FULLY ELECTRIFY OUR ECONOMY, OUR

ENERGY GRID, TO PUT ON THESE COSTS AND CHALLENGE RELIABILITY OF THE GRID,

IF IT'S SO IMPORTANT, IF IT'S SUCH A GOOD THING, THEN STAND UP FOR IT AND LET

THE CONSUMERS KNOW WHAT IT'S GONNA COST THEM. UNFORTUNATELY, THIS

BILL DOESN'T DO THAT. I KNOW WHAT HE'S TRYING TO DO, THE SPONSOR'S TRYING

TO DO. WE HAVE OTHER LEGISLATION -- WE PASSED CAP AND INVEST LAST YEAR

IN THE BUDGET. WE TURNED IT OVER TO THE -- THE DEC TO IMPLEMENT THESE

PROVISIONS. NOW WHY CAN SOMEONE ON THE OTHER SIDE OF THE AISLE OR

THIS GOVERNOR SAY WHY WOULD YOU NOT WANT WHATEVER THE DEC COMES

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NYS ASSEMBLY JUNE 4, 2024

UP WITH TO IMPLEMENT CAP AND INVEST? WHY WOULD YOU NOT WANT THAT

TO COME BACK TO OUR HOUSE TO TAKE OWNERSHIP OF IT, TO HAVE

ACCOUNTABILITY AND TRANSPARENCY OF IT AND SAY HEY, TO OUR BUSINESSES, TO

OUR RESIDENTS. MY COLLEAGUE MENTIONED THE SENIOR CITIZENS AND

FAMILIES. WHY NOT BRING THAT UP FOR AN UP OR DOWN VOTE IN THIS HOUSE

TO TAKE OWNERSHIP AND RESPONSIBILITY FOR IT? BUT UNFORTUNATELY, NOBODY

WANTS TO DO THAT BECAUSE YOU KNOW IT'S SO COSTLY. THEN YOU CAN POINT

THE FINGER AND SAY IT WASN'T US. WELL, IT WAS THIS HOUSE, THIS GOVERNOR

WHO IMPLEMENTED IT. THERE SHOULD BE TRANSPARENCY AND ACCOUNTABILITY

WHEN IT COMES TO THAT. IT'S SO COSTLY. ONE OF -- THE COSTS OF THIS ALREADY

ARE OUT THERE. IF WE DON'T CHANGE THE METHODOLOGY OF HOW WE MEASURE

GREENHOUSE GAS EMISSIONS IN THE STATE OF NEW YORK TO A 100-YEAR

METHODOLOGY TO MEASURE -- MATCH EVERY OTHER STATE IN THE COUNTRY, TO

MATCH THE UNITED STATES, TO MATCH INTERNATIONAL CODE, IT WILL INCREASE

PRICES AT THE PUMP FOR NEW YORK STATE RESIDENTS BY 63 CENTS A GALLON

AND INCREASE NATURAL GAS HOME HEATING COSTS BY 79 PERCENT. THAT'S

GONNA HAPPEN, THAT'S YOUR OWN NUMBERS. BUT YET, YOU'RE GONNA

IMPLEMENT THIS CAP AND INVEST PROGRAM AND WE'LL COME UP WITH

LEGISLATION TO SAY WE NEED TO BE MORE TRANSPARENT, BUT WHEN WE TRULY

CAN BE TRANSPARENT AND TRULY BE ACCOUNTABLE, I JUST HEAR CRICKETS FROM

THE OTHER SIDE AND THAT'S UNFORTUNATE. I UNDERSTAND WHAT THE SPONSOR IS

TRYING TO DO TO THIS LEGISLATION. WE HAVE A MAJOR RUNAWAY FREIGHT TRAIN

HEADING DOWN THE TRACKS AT THE -- THE RESIDENTS OF THE STATE, AT THE

BUSINESSES, THE MANUFACTURERS OF THIS STATE. THEY DON'T KNOW WHAT'S

COMING. YOU DON'T WANT TO LET THEM KNOW WHAT'S COMING BECAUSE YOU

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DON'T WANT THAT TRANSPARENCY AND ACCOUNTABILITY. WE SHOULD BRING

BACK -- AND I SPOKE TO FORMER COMMISSIONER SEGGOS ABOUT THE

IMPLEMENTATION OF CAP AND INVEST. WE TALKED ABOUT IT ON THE FLOOR

WITH THE WAYS AND MEANS CHAIR. IF IT'S A TAX, YES, WE'D HAVE TO TAKE IT

ON. IF IT'S A FEE OR AN ASSESSMENT, NO, IT CAN BEING DONE RIGHT THROUGH

THE REGULATORY PROCESS. THAT'S PASSING THE BUCK, LADIES AND GENTLEMEN.

THAT IS KICKING THE CAN DOWN THE ROAD SO THE PUBLIC DOESN'T HAVE AN

AWARE. AND THE COMMISSIONER OF THE DEC SAID TO ME, HE GOES, WE

BELIEVE WE HAVE FULL AUTHORITY TO IMPLEMENT THIS. WHO CARES HOW

MUCH THIS IS GONNA INCREASE PRICES AT THE PUMP FOR OUR CUSTOMER -- OUR

CONSTITUENTS. WHO CARES HOW MUCH IT'S GONNA INCREASE UTILITY RATES.

SO WE CAN DO BILLS LIKE THIS. AND I -- I RESPECT THE SPONSOR. NOTHING

AGAINST HIM, WHAT HE'S TRYING TO DO. BUT IT JUST COMES UP TO THIS WHOLE

PROCESS OF UTILITY AND ENERGY POLICY IN THIS STATE THAT IS GONNA TO BE A --

A DAMNING IMPACT ON NOT JUST THE CONSTITUENTS I REPRESENT, BUT THE

CONSTITUENTS YOU REPRESENT. AND AT SOME POINT YOU'RE GONNA HAVE TO BE

ACCOUNTABLE AND YOU'RE NOT GONNA BE ABLE TO SAY, WELL, IT WAS THE

PSC'S FAULT, IT WAS THE DEC'S FAULT. YOU GUYS GAVE POWER TO THEM TO

DO THIS. AND TO THINK THAT 63 CENTS A GALLON AND A 79 PERCENT INCREASE

IN NATURAL HOME -- NATURAL GAS HOME HEATING COSTS IS OKAY TO TAKE

PLACE, AGAIN, FOR CLIMATE CHANGE. AND LET'S BE REALISTIC, NEW YORK'S

ONLY 0.4 PERCENT OF TOTAL GLOBAL EMISSIONS, .4. BUT YET CHINA IS 30

PERCENT, HAS 1,000 COAL PLANTS AND BUILDING MORE EACH AND EVERY WEEK.

AND IN FACT LAST YEAR CHINA ANNOUNCED THEY WERE EXPANDING THEIR

COAL-GENERATING CAPACITY BY 70 GIGAWATTS. SEVENTY GIGAWATTS. OUR

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TOTAL GENERATING CAPACITY IN NEW YORK STATE IS 41 GIGAWATTS. THAT

INCLUDES WIND, SOLAR, HYDRO, NATURAL GAS, NUCLEAR AND OTHERS. SO WE'RE

NOT GONNA MAKE THE IMPACT. AND WE -- I HAVEN'T EVEN TALKED ABOUT

RELIABILITY, THE CHALLENGE TO THE GRID THAT THE NYPA WHO IS TASKED WITH

POWERING THE GRID TO MAKE SURE THE LIGHTS STAY ON, THE POWER STAYS ON.

IF YOU TALK TO BUSINESSES, THEY'LL TELL YOU, WHEN YOU TALK ABOUT ENERGY

PRICES OR ENERGY THEY CARE ABOUT TWO THINGS: AFFORDABILITY AND

RELIABILITY. UNFORTUNATELY, THE POLICIES WE CONTINUE TO ADVANCE IN THIS

HOUSE CONTINUE TO PUT AFFORDABILITY AND RELIABILITY ON THE BACK BURNER.

YOU DON'T TEAR DOWN A BRIDGE BEFORE YOU BUILD A NEW ONE, BUT THAT'S

EXACTLY WHAT WE'RE DOING WITH THE ENERGY INFRASTRUCTURE IN THIS PLACE.

WE WANT TO TOTALLY DISMANTLE THE NATURAL -- THE AFFORDABLE AND RELIABLE

NATURAL GAS INFRASTRUCTURE SUPPLY AND DELIVERY SYSTEM. THE PLAN IS

REALLY TO TAKE AWAY CONSUMER CHOICE ON HOW YOU HEAT OUR HOME, COOK

YOUR FOOD, POWER YOUR BUILDINGS AND THE VEHICLE YOU DRIVE. IT'S GONNA

CHALLENGE, IT'S GONNA JEOPARDIZE RELIABILITY GLID -- GRID, LEAD TO

BLACKOUTS AND CONTINUE THE MASS EXODUS OF MORE NEW YORK FAMILIES,

FARMERS AND BUSINESSES LEAVING THIS STATE.

SO WE CAN -- AND I DIDN'T EVEN TALK ABOUT CHILD LABOR

IN THE CONGO, DID I? NOT HERE. BUT THAT'S THE ANOTHER PART OF IT. WE

DON'T WANT TO TALK ABOUT THAT, WE DON'T WANNA TALK ABOUT ENERGY OR

WATER POLLUTION IN AFRICAN COUNTRIES TO MINE FOR LITHIUM. WE TALKED

ABOUT THE CHILD LABOR IN THE CONGO TIME AND TIME AGAIN.

THERE'S SO MUCH WRONG WITH THE ENERGY POLICY IN THIS

STATE, BUT ALL I EVER HEAR IS SUPPOSEDLY CLEAN AND GREEN, AND IT'S NOT

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CLEAN AND GREEN, AND FOR THAT REASON, MR. SPEAKER, AND FOR A LOT OF

OTHER REASONS, I APPRECIATE THE SPONSOR AND WHAT HE'S TRYING TO DO WITH

THIS LEGISLATION, BUT FOR THE REASONS I MENTIONED, THE PROBLEMS WITH THE

BILL ITSELF AND THEN THE GENERAL BROAD ENERGY POLICY OF THE STATE, I'M

GOING TO BE VOTING NO AND I WOULD URGE MY COLLEAGUES TO DO THE SAME.

THANK YOU.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZACCARO: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

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

ACTING SPEAKER ZACCARO: MR. FALL.

MR. FALL: THE MAJORITY CONFERENCE WILL BE IN

FAVOR ON THIS PIECE OF LEGISLATION. FOR THOSE THAT WOULD LIKE TO VOTE NO,

THEY CAN DO SO AT THEIR DESK.

ACTING SPEAKER ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ARDILA TO EXPLAIN HIS VOTE.

MR. ARDILA: THANK YOU, MR. SPEAKER. I WANT TO

THANK YOU AND MY COLLEAGUES FOR HELPING ME PUSH THIS LEGISLATION

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ACROSS THE FINISH LINE. LET TODAY BE A DAY OF RECKONING TO THE FOSSIL

FUEL INDUSTRY AS WE HOLD THEM ACCOUNTABLE, AS WELL AS THE -- ALL ELECTRIC

COMPANIES ACCOUNTABLE TO THE PEOPLE. WE'RE BLAZING THE TRAIL FOR -- TO

-- FOR A TRANSITION TO A MORE JUST RENEWABLE ECONOMY THAT GIVES

WORKING-CLASS FAMILIES AND VULNERABLE SENIORS A FIGHTING CHANCE WHEN

IT COMES TO ENERGY EFFICIENCY. AND FOR THAT, I'M VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER ZACCARO: MR. ARDILA IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 8, RULES REPORT NO. 107, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08027, RULES REPORT

NO. 107, GLICK. AN ACT IN RELATION TO EXPANDING ELIGIBILITY FOR THE

COOLING ASSISTANCE COMPONENT OF THE HOME ENERGY ASSISTANCE

PROGRAM.

ACTING SPEAKER ZACCARO: AN EXPLANATION

HAS BEEN REQUESTED, MS. GLICK.

MS. GLICK: CERTAINLY, MR. SPEAKER. WE ALL KNOW

THAT THE LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM PROVIDES

SUPPLEMENTAL SUPPORT FOR PEOPLE AROUND HEATING, BUT NOT EVERYBODY

REALIZES IT DOES THE SAME AROUND COOLING. AND THIS -- THIS PROGRAM,

THIS -- WELL, THE BILL WOULD CHANGE THE PROGRAM IN THAT IT WOULD CODIFY

THE WAIVER FROM COVID AROUND THE REQUIREMENT THAT THERE BE A

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CERTIFIED MEDICAL CONDITION THAT IS EXACERBATED BY HEAT IN ORDER TO BE

ELIGIBLE FOR ASSISTANCE. THE ASSISTANCE IS TO PURCHASE AND INSTALL AN AIR

CONDITIONER OR A FAN, AND THIS IS THE ONLY CHANGE TO THE -- THERE ARE TEN

QUALIFYING POSSIBILITIES FOR BEING ELIGIBLE, AND THIS WOULD REMOVE ONE

OF THEM WHICH DURING THE COVID YEARS, THERE DIDN'T SEEM TO BE ANY

MISUSE OF THE OPPORTUNITY TO GET THIS, AND AS WE ALL KNOW, ESPECIALLY

BEEN IN THE LOB, WE'RE EXPERIENCING MORE HEAT DURING WARM WEATHER,

AND IT DOES HAVE A NEGATIVE IMPACT ON PEOPLE'S HEALTH. SO THIS WOULD

JUST ALLOW PEOPLE TO APPLY. THE PROGRAM DOESN'T GUARANTEE, IT'S ON A

FIRST-COME, FIRST-SERVE BASIS; DOESN'T GUARANTEE ASSISTANCE, BUT IT WOULD

AT LEAST REQUIRE THAT PEOPLE -- LOW-INCOME PEOPLE WOULD NOT HAVE TO

FIRST SEE A DOCTOR IN ORDER TO QUALIFY, JUST REMOVES THAT ONE ELEMENT.

ACTING SPEAKER ZACCARO: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER ZACCARO: MS. GLICK, DO YOU

YIELD?

MS. GLICK: IT WOULD BE MY PLEASURE, ANDY.

ACTING SPEAKER ZACCARO: IT'LL BE HER

PLEASURE, MR. GOODELL.

MR. GOODELL: THANK YOU, MS. GLICK. IT WAS MY

UNDERSTANDING THAT THE STATE OF NEW YORK USES ALL OR ALMOST ALL THE

HEAP FUNDING THAT'S AVAILABLE TO THE STATE UNDER THE CURRENT STATUTORY

FRAMEWORK; IS THAT CORRECT?

MS. GLICK: YES. AND I SHOULD NOTE THAT THE BILL

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WOULDN'T TAKE EFFECT UNTIL OTDA GOT A CERTIFICATION FROM THE FEDS THAT

THIS WOULDN'T NEGATIVELY IMPACT OUR ELIGIBILITY FOR THE PROGRAM. BUT IT

DOES, AS I SAID, WE DO USE ALL, WE SHOULD SPEND MORE MONEY, BUT WE

ARE -- I WOULD SUGGEST THAT IF PEOPLE HAVE -- WHO ARE LOW-INCOME WHO

EXPERIENCED EXACERBATED HEALTH CONDITIONS AS A RESULT OF HEAT, WE

MIGHT, AS TAXPAYERS, BE SPENDING MORE THAN AMELIORATING THEIR

CONDITION WITH AIR CONDITIONING.

MR. GOODELL: NOW, THE EFFECT OF THIS AMENDMENT

WOULD BE TO INCREASE THE NUMBER OF PEOPLE THAT ARE ELIGIBLE FOR COOLING

ASSISTANCE UNDER THE PROGRAM, CORRECT?

MS. GLICK: YES, AS IT DID THROUGHOUT THE COVID

YEARS WHEN THIS PROVISION WAS WAIVED, PRESUMABLY BECAUSE IT WAS

UNDERSTOOD THAT PEOPLE WEREN'T GOING TO BE ABLE TO GET AN APPOINTMENT

WITH A DOCTOR IN ANY TIMELY FASHION DURING THE COVID EMERGENCY.

AND DURING THAT TIME, WE CERTAINLY DIDN'T SEE ANY MISUSE OR ABUSE.

AND YES, I AGREE WITH YOU THAT WE SHOULD SPEND MORE MONEY TO

PROVIDE FOR THIS PROGRAM BUT AT THE MOMENT, THAT SHOULDN'T UNDERMINE

PEOPLE'S ABILITY TO GET ASSISTANCE BECAUSE THEY HAVEN'T -- DON'T HAVE THE

ABILITY TO GET A DOCTOR'S NOTE.

MR. GOODELL: THANK YOU VERY MUCH, I APPRECIATE

YOUR COMMENTS.

SIR, ON THE BILL.

ACTING SPEAKER ZACCARO: ON THE BILL, MR.

GOODELL.

MR. GOODELL: AS MY COLLEAGUE NOTED, NEW YORK

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STATE CURRENTLY USES ALL -- ALL THE FUNDS THAT WE HAVE AVAILABLE FOR US

THROUGH THE HOME ENERGY ASSISTANCE PROGRAM. AND AS MY COLLEAGUE

ALSO NOTED, THE PROGRAM CURRENTLY OPERATES ON A FIRST-COME, FIRST-SERVE

BASIS. SO UNDER THE CURRENT PROGRAM WHEN WE'RE TALKING ABOUT COOLING

ASSISTANCE, THE COOLING ASSISTANCE COMPONENT WE, BY STATUTE, GIVE A

PREFERENCE TO THOSE WHO HAVE A MEDICAL CONDITION THAT WOULD BE

EXACERBATED IF THEY DIDN'T HAVE AIR CONDITIONING. SO UNDER THE CURRENT

SYSTEM, IF YOU HAVE A MEDICAL CONDITION, YOU GET A PREFERENCE.

THIS BILL ELIMINATES THAT PREFERENCE, WHICH MEANS NO

LONGER WOULD WE GIVE A PREFERENCE TO PEOPLE HAVE A MEDICAL CONDITION

WHO ARE AT MOST RISK FOR EXCESS HEAT, AND INSTEAD, WITHOUT INCREASING

ANY OF THE FUNDING AND KNOWING THAT THERE'S NOT ENOUGH FUNDING

ALREADY, THOSE PEOPLE WHOSE LIVES ARE AT RISK WILL NOW HAVE TO COMPETE

ON A FIRST-COME, FIRST SERVE BASIS WITH EVERYONE ELSE. AS A MATTER OF

PUBLIC POLICY AND AS A MATTER OF PUBLIC HEALTH, WE SHOULD ALWAYS GIVE A

PREFERENCE TO THOSE WHOSE LIFE AND HEALTH ARE DEPENDENT ON THIS

ASSISTANCE BEFORE WE OPEN IT UP FOR EVERYONE ELSE.

AND SO WITH THE ABSENCE OF INCREASED FUNDING, I'M NOT

WILLING TO SUPPORT LEGISLATION THAT WOULD JEOPARDIZE THE FUNDING THAT'S

CURRENTLY LIMITED AND CURRENTLY GIVEN ON A PRIORITY BASIS TO THOSE WHO

HAVE A MEDICAL CONDITION. FOR THAT REASON, I WON'T BE SUPPORTING IT.

THANK YOU, SIR.

ACTING SPEAKER ZACCARO: MS. GLICK.

MS. GLICK: JUST TO CLARIFY FOR THE BODY, IT WAS PART

OF THE REQUIREMENT, BUT IT WAS NOT A PREFERENCE. IT IS A FIRST-COME,

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NYS ASSEMBLY JUNE 4, 2024

FIRST-SERVE AND DID NOT -- THERE'S NOTHING IN THE PROGRAM THAT ACTUALLY

PROVIDES FOR A PREFERENCE TO PEOPLE WHO HAVE A MEDICAL

DOCUMENTATION. AND I WILL JUST SAY THAT ACCORDING TO OTDA, THE

INFORMATION PROVIDED IS THAT 4 PERCENT OF THE HEAP FUNDS GO TO THE

COOLING PROGRAM, THEREFORE 96 PERCENT GO TO THE HEATING PROGRAM.

SO I JUST WANT TO CLARIFY FOR THE BODY THAT REQUIRING

PEOPLE, AND IN PARTICULARLY A WARMING CLIMATE, PARTICULARLY IN MANY

COMMUNITIES, LOW-INCOME COMMUNITIES WHERE THEY DON'T HAVE

SUFFICIENT FUNDS FOR AN AIR CONDITIONER, OR A FAN, THAT THIS REQUIRE -- THIS

ADDITIONAL REQUIREMENT OF GETTING A -- A DOCTOR'S NOTE ADDS A BURDEN

THAT MAKES IT IMPOSSIBLE FOR PEOPLE, PERHAPS, TO ACTUALLY IN ANY TIMELY

WAY GET ACCESS TO THE PROGRAM. SO THIS JUST OPENS IT UP IN A REASONABLE

WAY, AND MANY PEOPLE DON'T REALIZE THAT THERE ARE MANY BASIC

CONDITIONS THAT ARE EXACERBATED BY HIGHER HEAT, BUT ONE NEED NOT HAVE

TO BE FORCED TO SEE A DOCTOR IN ORDER TO GET ACCESS TO THE PROGRAM, BUT I

CERTAINLY LOOK FORWARD TO A BILL THAT PROVIDES PREFERENCE TO PEOPLE WITH

A MEDICAL CONDITION. AND I URGE A YES VOTE.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER ZACCARO: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

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NYS ASSEMBLY JUNE 4, 2024

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT SHOULD CERTAINLY VOTE YES ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER ZACCARO: THANK YOU.

MR. FALL.

MR. FALL: THANK YOU, MR. SPEAKER. THE MAJORITY

CONFERENCE WILL BE IN FAVOR OF THIS PIECE OF LEGISLATION. FOR THOSE THAT

WOULD LIKE TO VOTE NO, THEY 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.

MR. FALL.

MR. FALL: MR. SPEAKER, COULD WE NOW TURN TO

RULES REPORT NO. 109, RULES REPORT NO. 109 BY MS. SOLAGES;

FOLLOWED BY RULES REPORT NO. 114 BY MS. CRUZ; THEN RULES REPORT

NO. 136 BY MS. JEAN-PIERRE.

ACTING SPEAKER ZACCARO: PAGE 8, RULES

REPORT NO. 109, THE CLERK WILL READ.

THE CLERK: SENATE NO. S08372, RULES REPORT NO.

109, SENATOR PARKER (SOLAGES, L. ROSENTHAL, THIELE, SIMON, COLTON,

OTIS, LUPARDO, SANTABARBARA, SHRESTHA, KELLES, EPSTEIN, SEAWRIGHT,

SEPTIMO, REYES, SIMONE, JACOBSON --A08611). AN ACT TO AMEND THE

PUBLIC SERVICE LAW, IN RELATION TO UTILITY INTERVENOR REIMBURSEMENT;

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NYS ASSEMBLY JUNE 4, 2024

AND TO AMEND THE STATE FINANCE LAW, IN RELATION TO ESTABLISHING THE

UTILITY INTERVENOR ACCOUNT.

ACTING SPEAKER ZACCARO: AN EXPLANATION

HAS BEEN REQUESTED, MS. SOLAGES.

LADIES AND GENTLEMEN, PLEASE KEEP IT DOWN.

MS. SOLAGES: THE PURPOSE OF THIS BILL IS TO

ESTABLISH A UTILITY INTERVENOR REIMBURSEMENT ACCOUNT, AND TO AUTHORIZE

THE DEPARTMENT OF PUBLIC SERVICE TO REIMBURSE CERTAIN PARTIES FOR THE

COST OF PARTICIPATING IN PROCEEDINGS.

ACTING SPEAKER ZACCARO: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER ZACCARO: MS. SOLAGES, WILL

YOU YIELD?

MS. SOLAGE: YES.

ACTING SPEAKER ZACCARO: SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, I APPRECIATE IT. I

KNOW WE TALKED ABOUT THIS LAST YEAR, WE HAD A DEBATE ON IT. THE

GOVERNOR VETOED THIS BILL TWO YEARS AGO, ONE OF THE PHRASES SHE USED

WAS THAT IT WOULD PROVIDE A BLANK CHECK REIMBURSEMENT FOR CUSTOMERS

AND A THIRD-PARTY REPRESENT PATIENT WITH NO CAP. AND THEN SHE VETOED IT

AGAIN LAST YEAR SAYING IT'S DUPLICATIVE, SO IT'S BEEN VETOED TWICE. HAS

THE LANGUAGE OF THIS BILL CHANGED AT ALL TO ADDRESS THE CONCERNS THE

GOVERNOR RAISED, OR THE COMMENTS WE DEBATED ON THE FLOOR LAST YEAR

AND THE YEAR BEFORE?

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NYS ASSEMBLY JUNE 4, 2024

MS. SOLAGES: WELL, THE TWO HOUSES AGREED THAT

THIS LEGISLATION IS WHAT NEW YORKERS NEED AND SO WE FELT THAT THE

LANGUAGE DOES NOT NEED TO BE CHANGED AND MAYBE WE MIGHT CHANGE

OUR ADVOCACY, BUT WE ARE LOOKING FORWARD TO PUSHING THIS THE SAME

LANGUAGE.

MR. PALMESANO: OKAY, THAT'S -- THAT'S FAIR. SO NO

CHANGES?

MS. SOLAGES: NO CHANGES.

MR. PALMESANO: OKAY, ALL RIGHT. AND SO REALLY

FROM YOUR PERSPECTIVE, THE FACT WE HAVE A -- THE PUBLIC SERVICE OFFICE

OF CONSUMER AFFAIRS; THE UTILITY INTERVENTION UNIT OF NEW YORK STATE

DEPARTMENT OF STATE; DIVISION OF CONSUMER PROTECTION WHO REPRESENTS

CONSUMERS AT UTILITY RATE INCREASES. WE ALSO HAVE CONSUMER FRAUDS

AND PROTECTIONS AT AG, NONE OF THEM ARE SUFFICIENT TO ADDRESS THAT

THEY'RE BEING PAID FOR BY, YOU KNOW, THROUGH TAX DOLLARS AND OTHERS.

NONE OF THEM ARE SUFFICIENT TO ADDRESS (INAUDIBLE) CONCERNS?

MS. SOLAGES: SO I HAVE TO, YOU KNOW, REALLY

DISAGREE WITH THE VETO MESSAGE BECAUSE, YOU KNOW, THIS IS NOT A BLANK

CHECK. THIS ACTUALLY CREATES A PROCESS WHERE GROUPS CAN APPLY FOR

REASONABLE RECOVERY OF EXPENSES, AND ALSO IT CREATES A DYNAMIC WHERE

COMMUNITY MEMBERS, COMMUNITY-BASED ORGANIZATIONS CAN BE A PART OF

THE PROCESS AND ADVOCATE FOR A REDUCTION IN UTILITIES. WE'VE SEEN THIS

DYNAMIC EXIST IN OTHER STATES AND IT'S -- IT HAS BEEN BENEFICIAL AS WE

SAW THAT, YOU KNOW, THE -- THE RATEPAYERS WERE ABLE TO STARVE OFF, YOU

KNOW, AN INCREASE. AND SO, YOU KNOW, WE ARE HOPEFUL THAT A BROAD

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NYS ASSEMBLY JUNE 4, 2024

RANGE OF GROUPS CAN HAVE A SAY IN THE PROCESS.

MR. PALMESANO: NO, I UNDERSTAND THAT. AND

ALSO, ANOTHER ONE, THE SPECIAL COUNCIL FOR RATEPAYER PROTECTION WAS

CREATED IN OCTOBER OF 2020 BY OUR FORMER GOVERNOR. THAT POSITION IS

SPECIFICALLY CHARGED WITH REPRESENTING INTERESTS OF RESIDENTIAL AND

COMMERCIAL CUSTOMERS OF NEW YORK STATE'S REGULATED ELECTRIC, GAS, AND

TELECOM COMPANIES WITH THE ABILITY TO PARTICIPATE IN PUBLIC SERVICE

PROCEEDINGS. SO THAT SPECIAL POSITION THAT WE CREATED THAT'S BEING PAID

FOR BY TAXPAYERS, THAT'S NOT ENOUGH EITHER, CORRECT, IN YOUR OPINION?

MS. SOLAGES: YOU KNOW, IT'S -- IT'S IMPORTANT THAT

WE HAVE MULTIPLE ENTITIES FIGHTING FOR THE RATEPAYERS. AND WE'VE SEEN

THAT MANY OF THESE COMMUNITY-BASED ORGANIZATIONS ARE NOW HELPING

RATEPAYERS WITH ARREARS AND OTHER ISSUES THAT THEY HAVE WITH UTILITIES.

SO THEY MIGHT BE, EXCUSE ME, SPREAD THIN AND SO, YOU KNOW, WE NEED

TO MAKE SURE THAT THERE'S SUPPORT AND THAT WHEN THESE PROCEEDINGS

HAPPEN, THAT ORGANIZATIONS HAVE THE OPPORTUNITY TO ADVOCATE FOR THE

RESIDENTIAL AND SMALL BUSINESS RATEPAYERS. AND SO, YOU KNOW, THIS JUST

MAKES SURE THAT WE ARE, YOU KNOW, PROVIDING ENOUGH SUPPORT FOR

ADVOCACY FOR THE RATEPAYERS, WE'RE PUTTING RATEPAYERS FIRST INSTEAD OF

SHAREHOLDERS.

MR. PALMESANO: SURE. IS THERE ANYTHING,

SPECIFIC LANGUAGE TO LIMIT THE DEFINITION OF A PARTICIPANT TO PRECLUDE

ANY OF THE FOLLOWING ENTITIES TO SEEK REIMBURSEMENT FROM THE

RATEPAYERS FROM THIS INTERVENOR FUND: THE NEW YORK STATE ATTORNEY

GENERAL; THE UTILITY INTERVENTION UNIT; NEW YORK STATE ENERGY

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NYS ASSEMBLY JUNE 4, 2024

DEVELOPMENT AUTHORITY, NYSERDA; NEW YORK POWER AUTHORITY; ANY

MUNICIPALITIES, NET METERING, CUSTOMERS OR COMMUNITY CHOICE

AGGREGATE PROGRAMS, IS THERE ANYTHING IN THIS LANGUAGE IN THIS BILL THAT

WOULD PRECLUDE THEM FROM SEEKING INTERVENOR FUNDS TO MAKE

ADVOCACY?

MS. SOLAGES: AS WE SAID BEFORE, THIS CREATES A

PROCESS SO THE COMMISSION WOULD HAVE TO APPROVE THOSE ENTITIES THAT

WERE SEEKING REIMBURSEMENT. AND, YOU KNOW, IT'S UNLIKELY FOR, YOU

KNOW, THE COMMISSION TO APPROVE A STATE AGENCY TO GET

REIMBURSEMENT. SO FOR -- FOR THE FEW THAT YOU MENTIONED I THINK

WOULD NOT QUALIFY.

MR. PALMESANO: WHAT ABOUT OTHER INTERVENORS

THAT RECEIVE PUBLIC FUNDS? WOULD THEY BE QUALIFIED OR ELIGIBLE FOR

ADDITIONAL FUNDING? LIKE ONE, NOT THAT, YOU KNOW, LIKE THE PUBLIC

UTILITY LAW PROJECT, THEY GET STATE FUNDS. WOULD THEY BE ELIGIBLE FOR

THESE INTERVENOR FUNDS ON TOP OF THAT?

MS. SOLAGES: SO PULP WOULD BE ELIGIBLE BUT,

AGAIN, THE COMMISSION WOULD HAVE THE SAY OF WHO IS ELIGIBLE OR NOT.

AND SO, THEY WOULD HAVE TO MEET A THRESHOLD.

MR. PALMESANO: OKAY. AND IS THERE ANY CAP ON

WHAT ONE OF THESE INTERVENORS, IF YOU HAVE A BUNCH OF INTERVENORS NOW

COMING IN FOR DIFFERENT INTERESTS, FROM DIFFERENT ANGLES, WHETHER IT'S,

YOU KNOW, ADVOCATING, FOR, YOU KNOW, LIKE WHEN WE HAVE A LOT OF

PROJECTS THAT ARE GOING BEFORE, YOU KNOW, LIKE WIND AND SOLAR, YOU

KNOW, THE OFFSHORE WIND WHICH WAS VERY CONTROVERSIAL OFF THE SHORES

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NYS ASSEMBLY JUNE 4, 2024

OF LONG ISLAND. WOULD THOSE AGENCIES ADVOCATING ON BEHALF OF THAT BE

ELIGIBLE FOR INTERVENOR FUNDS, AND WOULD THOSE INDIVIDUALS WHO WERE

ADVOCATING AGAINST THAT BE ELIGIBLE FOR INTERVENOR FUNDS? HOW WOULD

THAT WORK EXACTLY? BECAUSE THEY'RE OBVIOUSLY ADVOCATING FOR A WIND

AND SOLAR PROJECT, THAT'S GOING TO INCREASE RATES, BUT NOW THEY'RE GOING

TO GET INTERVENOR FUNDS THAT COULD ALSO INCREASE RATES FURTHER ON TOP OF

THAT, CORRECT, OR AM I WRONG?

MS. SOLAGES: SO WE'RE CREATING A PROCESS, SO RIGHT

NOW WE'RE JUST SAYING WITHIN THIS LEGISLATION THAT GROUPS CAN APPLY FOR

REASONABLE RECOVERY OF EXPENSES, AND THE DEPARTMENT WOULD HAVE

DISCRETION OVER THE LEVEL OF INTERVENOR REIMBURSEMENT AND THEIR ROLE

WOULD BE A CHECK TO -- WOULD BE CHECKED TO -- WOULD BE A CHECK AND

BALANCE. SO IT WOULD NOT BE JUST A FREE-FOR-ALL. IT WOULD ACTUALLY BE A

STREAMLINED PROCESS THAT'S DONE.

MR. PALMESANO: OKAY. THANK YOU FOR YOUR

TIME. WE DON'T NEED TO BELABOR THIS ANYMORE.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ZACCARO: ON THE BILL, MR.

PALMESANO.

MR. PALMESANO: SIR, YES. AGAIN, I APPRECIATE

THE SPONSOR'S INTENTION. OBVIOUSLY, SHE'S CONCERNED ABOUT THE

RATEPAYER. THE CONCERN I HAVE IS THIS BILL HAS BEEN VETOED TWICE. I

MENTIONED ONE -- PARAPHRASED PART OF IT FROM LAST YEAR WHERE THE

GOVERNOR MENTIONED THE CAP, SPECIFICALLY LAST YEAR'S BILL, HER MESSAGE

SAYS, THIS BILL IS IDENTICAL TO LEGISLATION I VETOED LAST YEAR AND WOULD

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NYS ASSEMBLY JUNE 4, 2024

LEAD TO ADDITIONAL COSTS BORNE BY UTILITIES, WHICH WOULD BE PASSED ON

TO THE RATEPAYERS. ADDITIONALLY, ADVOCACY ON BEHALF OF RATEPAYERS

EXIST IN A MULTITUDE OF VENUES, INCLUDING THE DEPARTMENT OF PUBLIC

SERVICE CONSUMER ADVOCATE, THE DEPARTMENT OF STATE'S UTILITY

INTERVENTION UNIT, STATE FUNDING FOR INTERVENOR GROUPS THAT

PARTICIPATED IN PROCEEDINGS ON BEHALF OF CONSUMERS BEFORE THE PSC,

AND REIMBURSEMENT FOR INTERVENORS AT PSC PROCEEDINGS REGARDING

TRANSMISSION AND ELECTRIC GENERATION FACILITIES SITING. THE EXISTING

VENUES FOR RATEPAYER ADVOCACIES ARE ROBUST AND WELL-FUNDED, MAKING

THIS LEGISLATION DUPLICATIVE AND UNNECESSARY WHILE ALSO -- WHILE ALSO

LIKELY IMPOSING SIGNIFICANT COSTS ON THE CONSUMER.

THE BILL WAS VETOED TWICE, NO CHANGES. WE'RE HERE

AGAIN, MAYBE THIRD TIME'S A CHARM, HOPEFULLY THIRD TIME LEADS TO

ANOTHER VETO. AGAIN, I UNDERSTAND THE INTENTIONS BEHIND THE

LEGISLATION. THERE'S ALREADY SUFFICIENT OPER -- WELL, ORGANIZATIONS IN

PLACE THAT ADVOCATE ON BEHALF OF THE RATEPAYER. AGAIN, ONE OF THE MOST

RECENT ONES WAS A SPECIAL COUNSEL OF RATEPAYER PROTECTION IN

OCTOBER 2020, ON TOP OF THE OTHER ONES THAT I MENTIONED, SPECIFICALLY

CHARGED TO ADVOCATE THEM ON BEHALF OF RATEPAYERS AT RATEPAYER

HEARINGS. BUT TO THINK THAT OTHER GROUPS COULD COME IN, WE KNOW

WE'VE SEEN, LIKE, THE OFFSHORE WIND, THE FIGHT THERE, SO THOSE

ADVOCATING ON BEHALF OF IT CAN GO TO THE PROCEEDING TO POSSIBLY GET

INTERVENOR FUNDS FOR THAT, THEY CAN ADVOCATE ON BEHALF OF THE PROJECT

THEY MIGHT BE INTERESTED IN, OR THE PEOPLE WHO ARE OPPOSING THAT HAVE

THAT SAME PROTECTION. I THINK ALSO THIS IS GOING TO LEAD TO, ESPECIALLY

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NYS ASSEMBLY JUNE 4, 2024

WHEN YOU TALK TO THE TELECOM INDUSTRY, IT'S GOING TO LEAD TO A LOT OF

PRIVATE SECTOR DOLLARS THAT WOULD BE USED TO HELP DEVELOP AND INSTALL

BROADBAND AND HELP PROVIDE INTERNET ACCESS TO SOME OF THOSE AREAS,

THAT'S DIVERTING MONEY FROM THAT TO THESE OTHER THINGS THAT ARE NOT

NEEDED, THAT ARE DUPLICATIVE. WE COULD TALK ABOUT THIS TIME AND TIME

AGAIN. I MEAN, THE GOVERNOR HAD VETOED IT TWICE. IF WE WANT TO TALK

ABOUT OUR RATES, WE CAN TALK ABOUT THAT. LAST YEAR THE PSC APPROVED

$43 BILLION IN FUTURE RATEPAYER INCREASES TO MEET THE MANDATES OF THE

GREEN NEW DEAL, THE CLCPA. WILL THERE BE RIGHTS FOR PEOPLE TO TAP

INTO THAT TO FIGHT THAT? THE COST TO FULLY ELECTRIFY YOUR HOME AND TO

CHANGE OFF NATURAL GAS, (INAUDIBLE) ESTIMATES BOTH BY THE CLIMATE

ACTION COUNCIL, THE CONSUMER ENERGY ALLIANCE, AND ANOTHER SAID IT

WOULD COST HOMEOWNERS $35,000 TO CONVERT THEIR HOMES OVER FROM

NATURAL GAS. COSTS ARE GOING UP AND UP AND UP, AND WE CONTINUE TO SEE

BILLS THAT SAY WE ARE LOOKING OUT FOR THE RATEPAYER, BUT WHEN IT COMES

TO TRANSPARENCY, AGAIN, I SAID IT IN THE LAST DEBATE, THE CAP AND INVEST

PROGRAM THAT THE DEC'S GETTING READY TO ROLL OUT AFTER SESSION ENDS AND

IMPLEMENT WITHOUT ANY FEEDBACK, WITHOUT ANY STAMP OF APPROVAL,

WITHOUT ANY UP OR DOWN VOTE FROM THIS LEGISLATURE, IN MY OPINION, IS

UNACCEPTABLE. THAT'S NOT ACCOUNTABILITY, THAT'S NOT TRANSPARENCY. THE

REASON IT'S NOT GOING TO COME BACK FOR A VOTE IS BECAUSE YOU DON'T WANT

TO TAKE THAT VOTE.

THE FACT OF THE MATTER IS IF WE MAKE NO CHANGES,

PRICES AT THE PUMP ARE GOING UP 63 CENTS A GALLON, NATURAL GAS HOME

HEATING COSTS ARE GOING UP 79 PERCENT, ONE THING AFTER ANOTHER, AFTER

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ANOTHER. WE ALSO TALKED ABOUT THE MOTHER OF ALL UNFUNDED MANDATES

WITH THE ELECTRIC SCHOOL BUS BILL MANDATE THAT STARTS TAKING PLACE IN

2027, AND THE HYPOCRISY OF THAT LEGISLATION, ASIDE FROM THE COST, TO SAY

THAT THE STATE OF NEW YORK HAS TO CONVERT THEIR WHOLE ENERGY FLEET --

THEIR WHOLE -- NO, EXCUSE ME, THAT SCHOOL DISTRICTS HAVE TO CONVERT THEIR

WHOLE ENTIRE BUS FLEET TO ELECTRIC BY 2035 WITH NO OFF RAMP FOR

FEASIBILITY, WHETHER IT COULD BE DONE REGARDLESS OF THE COST, BUT WE

HAVE TO HAVE OUR SCHOOL DISTRICTS BE THE GUINEA PIG FOR THIS EXPERIENCE

AND TO PUT THIS IN PLACE, A FULL FIVE YEARS BEFORE THE STATE OF NEW YORK

HAS TO CONVERT THEIR MEDIUM AND HEAVY DUTY FLEET. ONE POLICY AFTER

ANOTHER POLICY, BUT YET THE STATE OF NEW YORK DOES HAVE AN OUT CLAUSE

IF IT'S NOT FEASIBLE TO DO SO, BUT YET OUR SCHOOL DISTRICTS ARE GOING TO

BEAR THE BRUNT OF THIS. WE DON'T TALK ABOUT THE RELIABILITY OF THIS GETTING

OUR SCHOOL BUSES FROM, YOU KNOW, ESPECIALLY IN VERY LARGE

GEOGRAPHICAL AREAS. WE HAD TWO SUPERINTENDENTS UP HERE THAT TALKED

ABOUT THE COST. FORGET THE COST OF ELECTRIC SCHOOL BUSES, 4- TO 450,000

VERSUS 125- TO 150,000 FOR A NEAR ZERO-EMISSION SCHOOL BUS, FORGET THAT

IT'S GOING TO COST BILLIONS OF DOLLARS TO CONVERT OVER TO ELECTRIC VERSUS

THE REPLACEMENT OF DIESEL, $8- TO $15 BILLION BY ONE ESTIMATE, BILLIONS

OF DOLLARS TO DO THE CHARGING INFRASTRUCTURE, BUT THEN MILLIONS AND

MILLIONS OF DOLLARS ON LOCAL PROPERTY TAXPAYERS BECAUSE ONE SCHOOL

SUPERINTENDENT I BELIEVE AT SHENENDEHOWA SAID THEY WOULD HAVE TO

BUILD A $30 MILLION SUBSTATION TO BRING THE POWER, TO POWER THAT SCHOOL

AND ELECTRIC SCHOOL BUS. WORSE, THAT SCHOOL DISTRICT SAID $5- TO $10

MILLION, TOTALLY BORNE BY THE RATEPAYERS, THE PROPERTY TAXPAYERS THERE.

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BUT YET, AS WE DEVELOP MORE WIND AND SOLAR, WE SHOULD BE PUTTING

UPSTATE LANDS TO BRING THE POWER DOWNSTATE, OUR RATEPAYERS ARE

EXPECTING TO SUBSIDIZE THAT COST TO BRING THE POWER DOWNSTATE WHEN 90

PERCENT OF OUR GENERATION UPSTATE IS ALREADY EMISSION FREE, 90 PERCENT

DOWNSTATE IS FOSSIL FUEL, IT BECAME WORSE AFTER SHUTTING DOWN INDIAN

POINT. SO I KNOW YOU'RE SICK OF HEARING ME TALK ABOUT THIS STUFF, STOP

BRINGING THESE BILLS UP AND YOU WILL SEE LESS OF ME TALKING ABOUT IT ON

THE FLOOR, THAT I ASSURE YOU. START TAKING SOME ACTION THAT'S GOING TO

LOOK OUT FOR THE -- THE RATEPAYER, THE TAXPAYER, THE CONSUMER. THESE

BILLS AREN'T DOING THAT. ALL THIS IS GOING TO DO IS INCREASE THE COST TO THE

RATEPAYERS. AND WHEN I TALKED ABOUT THE EMISSIONS BEFORE, INCREASING

-- IF WE DON'T CHANGE TO 100-YEAR METHODOLOGY, BOTH BASIL SEGGOS AND

DOREEN HARRIS, CO-ARCHITECTS OF THE CLIMATE ACTION COUNCIL PLAN, LAST

YEAR WHEN THEY TRIED TO ADVOCATE FOR THIS, WHICH LANDED WITH A THUD,

UNFORTUNATELY, SAID IF IT DOESN'T WORK FOR THE CUSTOMER, IT DOESN'T WORK

FOR THE RATEPAYER OR THE BUSINESS, IT'S NOT GOING TO WORK. IT'S NOT GOING

TO WORK BECAUSE WHEN YOU TALK TO BUSINESSES AND YOU ASK THEM WHAT

THEY THINK ABOUT WHEN THEY TALK ABOUT ENERGY COSTS, AFFORDABILITY AND

RELIABILITY.

UNFORTUNATELY, THIS BILL IS A STEP, AND I UNDERSTAND

WHAT THE SPONSOR'S TRYING TO DO LIKE THE PREVIOUS SPONSOR, THE ENERGY

POLICY BEING ADVANCED IN THIS HOUSE AND BY THIS GOVERNOR IS -- IS A --

IS A -- IS A RUNAWAY TRAIN GOING DOWN THE TRACKS THAT THE PUBLIC REALLY

HAS NO IDEA. THE COSTS ARE EXORBITANT. THE RELIABILITY CHALLENGES ARE --

ARE -- ARE SIGNIFICANT ACCORDING TO NYISO, BUT WE DON'T WANT TO TALK

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NYS ASSEMBLY JUNE 4, 2024

ABOUT THAT. IT'S KIND OF LIKE DISMANTLING AN AFFORDABLE AND RELIABLE

INFRASTRUCTURE BEFORE YOU BUILD A NEW ONE. I SAID IT BEFORE, YOU DON'T

TEAR DOWN A BRIDGE BEFORE YOU BUILD A NEW ONE. BUT THAT'S WHAT --

EXACTLY WHAT THIS HOUSE IS DOING WITH THE ENERGY POLICY YOU CONTINUE

TO TALK ABOUT, YOU CONTINUE TO ADVOCATE AND CONTINUE TO PUSH DOWN THE

THROATS OF NEW YORK FAMILIES, BUSINESSES, FARMERS AND SMALL

BUSINESSES EVERYWHERE. AND I DON'T KNOW WHEN IT'S GOING TO CHANGE,

PROBABLY NOT BECAUSE IT'S ALL UNDER THIS GREEN NEW DEAL, CLEAN DEAL,

AND IT'S NOT CLEAN, IT'S NOT GREEN, AND I WON'T EVEN GET INTO THAT BECAUSE

YOU KNOW WHERE I'LL GO WITH IT. SO IT'S UP TO YOU. IF YOU DON'T WANT TO

HEAR ME KEEP TALKING ABOUT THIS, DON'T BRING UP THESE BILLS THAT MAKE

ME TALK ABOUT IT.

SO MR. SPEAKER, I WILL, AGAIN, FOR THE THIRD YEAR IN A

ROW BE VOTING IN THE NEGATIVE ON THIS BILL, AND IT'S MY HOPE THAT THE

GOVERNOR VETOES THIS BILL FOR THE THIRD YEAR IN A ROW, AND I URGE MY

COLLEAGUES TO VOTE NO, TOO. THANK YOU.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER ZACCARO: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

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

ACTING SPEAKER ZACCARO: MR. FALL.

MR. FALL: THE MAJORITY CONFERENCE WILL BE IN THE

AFFIRMATIVE ON THIS PIECE OF LEGISLATION. FOR THOSE THAT WOULD LIKE TO

VOTE IN A DIFFERENT DIRECTION, THEY CAN DO SO AT THEIR DESK.

ACTING SPEAKER ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. JACOBSON FOR AN EXPLANATION.

MR. JACOBSON: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR FOR BRINGING THIS BILL.

SOMETIMES GOOD BILLS DO GET VETOED FIRST, BUT THE PURPOSE OF THIS BILL IS

TO BRING BALANCE TO THE PROCESS, FOR THE RATE INCREASE PROCESS. I'M NOT

WORRIED ABOUT THE DOWNTRODDEN UTILITY COMPANIES BEING OVERWHELMED

BY INTERVENORS. WHAT I WOULD LIKE TO SEE IS A LITTLE BALANCE IN THE

PROCESS BECAUSE IT IS A DIFFICULT PROCESS, IT'S VERY COMPLICATED. AND BY

HAVING INTERVENORS BEING REIMBURSED, IT'LL MAKE IT -- THERE'LL BE A BETTER

CHANCE THAT CONSUMERS WILL BE REPRESENTED MORE FAIRLY AND GET THEIR

POINT ACROSS BEFORE THE PUBLIC SERVICE COMMISSION.

SO I WISH TO THANK THE SPONSOR AGAIN FOR BRINGING THIS

BILL AND I GLADLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER ZACCARO: MR. JACOBSON IN

THE AFFIRMATIVE.

MS. SOLAGES TO EXPLAIN HER VOTE.

MS. SOLAGES: THANK YOU, MR. SPEAKER. NOW

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MORE THAN EVER RESIDENTIAL AND SMALL BUSINESS UTILITY CUSTOMERS NEED

AN EQUAL SEAT AT THE NEGOTIATION TABLE IN MATTERS THAT AFFECT THE

AFFORDABILITY AND RELIABILITY OF ESSENTIAL UTILITY SERVICES. WE'VE SEEN

INTERVENOR -- WE'VE SEEN UTILITIES INCREASE BY DOUBLE DIGITS WHILE THEY

USE MILLIONS OF DOLLARS IN RATEPAYER FUNDS TO PAY FOR THEIR ADVOCACY AND

THEIR POLICY CHANGES. BUT WE ARE LEVELING THE PLAYING FIELD WITH THIS

LEGISLATION. INTERVENOR PROGRAMS HAVE SAVED BILLIONS OF DOLLARS IN RATE

HIKE SINCE THE 1980S, AND WE'VE SEEN IN OTHER STATES IT'S A PARADIGM THAT

WORKS. SO WHY NOT APPLY IT TO HERE NEW YORK STATE? SO I'M VOTING IN

THE AFFIRMATIVE AND I ENCOURAGE MY COLLEAGUES TO DO SO BECAUSE WE

NEED TO PUT THE RATEPAYERS FIRST, AND THAT LEGISLATION DOES THAT.

ACTING SPEAKER ZACCARO: MS. SOLAGES IN THE

AFFIRMATIVE.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, MR. SPEAKER. I AGREE

WITH MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE THAT WE NEED TO PUT

THE RATEPAYERS FIRST; UNFORTUNATELY, WE'VE BEEN PUTTING THEM LAST. NEW

YORK'S ELECTRIC RATES ARE 50 PERCENT HIGHER THAN THE NATIONAL AVERAGE

ACCORDING TO FEDERAL ENERGY INFORMATION AGENCY, YOU CAN LOOK IT UP

YOURSELF. AND WHY IS IT HIGHER? WELL, WE'VE SHUT DOWN COST-EFFECTIVE,

CLEAN BURNING NATURAL FUEL PLANTS, AND WE REPLACED THEM WITH

UNRELIABLE, EXTREMELY EXPENSIVE WIND AND SOLAR POWER THAT'S

UNRELIABLE. WE THEN IMPOSE MASSIVE BILLION DOLLAR SURCHARGES ON ALL OF

OUR RESIDENTIAL BILLS. IN THE CITY OF JAMESTOWN, WHICH BY THE WAY, IS

100 PERCENT HYDRO, THEY PAY WELL OVER, I THINK IT'S $2- OR $3 MILLION IN

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JUST SURCHARGES, WHICH IS PASSED ON TO THE CONSUMER. WE EXPECT OUR

UTILITIES TO DRAMATICALLY EXPAND TRANSMISSION LINES. YET, AT THE SAME

TIME THIS BILL WOULD CHARGE THE UTILITY COMPANY CUSTOMERS, THE

RATEPAYERS, BECAUSE THAT'S WHERE ALL THE UTILITIES MIGHT COME, IT DOESN'T

COME FROM SOME MAGIC CASH TREE IN THE BACKYARD, ALL THE MONEY FROM

THE UTILITY COMES FROM THE CUSTOMERS. AND SO NOW THIS BILL SAYS, LET'S

CHARGE THE CUSTOMERS TO PAY FOR PEOPLE TO CHALLENGE HOW MUCH THE

CUSTOMERS ARE PAYING, AND GUESS WHAT? ALL THAT DOES IS RAISE THE COST

TO ALL THE CUSTOMERS. AND SO IF WE'RE SERIOUS ABOUT REDUCING THE COST

OF ELECTRICITY, LET'S CUT BACK ON THE PROGRAMS THAT FORCE OUR UTILITIES TO

BUY ELECTRICITY THAT'S SEVERAL TIMES MORE EXPENSIVE THAN WHAT THEY

COULD BUY. LET'S ELIMINATE THESE BILLION DOLLAR SUBSIDIES AND LET'S FOCUS

ON REALLY MAKING NEW YORK AFFORDABLE RATHER THAN DRIVING EVERYONE

OUT TO THE STATES THAT HAVE, ACTUALLY HAVE, AFFORDABLE ELECTRICITY. THANK

YOU, SIR.

ACTING SPEAKER ZACCARO: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 8, RULES REPORT NO. 114, THE CLERK WILL READ.

THE CLERK: SENATE NO. S08110, RULES REPORT NO.

114, SENATOR MARTINEZ (CRUZ, COLTON, BURDICK--A09015). AN ACT

RECONVENING THE NEW YORK STATE SEA LEVEL RISE TASK FORCE; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER ZACCARO: AN EXPLANATION

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NYS ASSEMBLY JUNE 4, 2024

HAS BEEN REQUESTED, MS. CRUZ.

MS. CRUZ: NOT ALL AT ONCE, GUYS.

THIS BILL WOULD RECONVENE THE SEA LEVEL RISE TASK

FORCE, WHICH LAST TIME MET IN 2010, TO UPDATE AND PUBLISH A REPORT TO

REASSESS THE ANTICIPATED IMPACT OF SEA LEVEL RISE, AND INTERROGATE

CLIMATE CHANGE ADAPTATION STRATEGIES, AND DISSOLVE THE TASK FORCE AFTER

THE PUBLICATION OF SUCH REPORT.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: WOULD YOU RECOGNIZE MR.

SIMPSON?

ACTING SPEAKER AUBRY: MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

MS. CRUZ: OF COURSE.

ACTING SPEAKER AUBRY: MS. CRUZ YIELDS, SIR.

MR. SIMPSON: SO I LOOKED BACK, AND YOU

REFERENCED A 2010 CONVENE --

MS. CRUZ: THAT'S RIGHT.

MR. SIMPSON: -- THEY CONVENED. I THOUGHT IT WAS

2007 WHEN IT WAS -- AND THEN THEY ISSUED A REPORT IN 2009.

MS. CRUZ: THE RECORDS THAT WE HAVE IS 2010. THEY

FIRST MET IN 2007, THE REPORT IS FROM 2010.

MR. SIMPSON: SAY THAT AGAIN.

MS. CRUZ: THEY FIRST MET IN 2007 AND THE REPORT IS

FROM 2010.

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MR. SIMPSON: OKAY, THANK YOU. SO WHERE ARE WE

AT WITH THAT REPORT?

MS. CRUZ: THE REPORT CAME OUT AND THERE WERE

SEVERAL RECOMMENDATIONS THAT, SOME OF THEM WERE IMPLEMENTED

INCLUDING A FUNDING OF THE BOND ACT, AS WELL AS SUPPORTING NATURAL

INFRASTRUCTURE CHANGES IN CONSIDERING THE RISE IN SEA LEVEL WHEN

MAKING CERTAIN DECISIONS.

MR. SIMPSON: THERE WERE ACTUALLY 14

RECOMMENDATIONS.

MS. CRUZ: WELL, IF YOU -- I'M NOT GOING TO READ ALL

OF THEM, I'M GIVING YOU A FEW.

MR. SIMPSON: WELL I MEAN, I'M BRINGING THAT UP

BECAUSE I THINK IT'S PRETTY SIGNIFICANT THAT WE, YOU KNOW, HAD THIS

CONVENE -- CONVENOR -- HAD ALL THESE PEOPLE COME TOGETHER, PEOPLE

WITH EXPERTISE THAT EXPENDED RESOURCES, SHAPED POLICY AND, YOU KNOW,

MADE A RECOMMENDATION THAT 14 SPECIFIC ACTIONS GET TAKEN. AND SO MY

QUESTION IS, YOU TALKED ABOUT A FEW. I'M WONDERING WHERE WE ARE.

ESSENTIALLY, BASICALLY, WHAT'S THE SCORE CARD? WHERE ARE WE AT? I

MEAN, BECAUSE THERE WAS -- THERE WAS, YOU KNOW, WHEN I BRING THIS UP,

IT'S PRETTY SPECIFIC AND DETAILED.

MS. CRUZ: SO I DON'T HAVE SPECIFICS ON EVERY SINGLE

ONE OF THE 14, BUT AS YOU CAN IMAGINE WHEN IT COMES TO LEGISLATING,

YOU CAN IMPLEMENT THE BILL AND TEN YEARS AFTER, THINGS CHANGE. THE

POLITICAL CLIMATE CAN CHANGE. THE -- AND HERE IT'S ACTUALLY OUR

ATMOSPHERIC AND THE THINGS THAT HAVE BEEN HAPPENING CAN CHANGE AND

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NYS ASSEMBLY JUNE 4, 2024

CERTAIN THINGS WE UPDATE. SO MANY OF THOSE RECOMMENDATIONS MAY

EVEN BE OUTDATED. SO WE WANT TO MAKE SURE THAT WE ARE CONVENING THE

GROUP AGAIN TO PROVIDE WHETHER IT'S UPDATES TO THOSE, WHETHER IT'S

ENSURING THAT THEY WERE IMPLEMENTED THE WAY THAT WE INTENDED THEM

TO BE, AND IF THERE'S NEW RECOMMENDATIONS THAT NEED TO BE MADE, THAT

WE MAKE THOSE AS WELL.

MR. SIMPSON: WELL, MY -- MY CONCERN, AND

BASICALLY MY QUESTION, LET ME GO BACK TO IT AGAIN IS, I MEAN, THEY WERE

SO SPECIFIC THAT, YOU KNOW, THEY -- LIKE HERE'S NUMBER FIVE, REDUCE

VULNERABILITY IN COASTAL AREAS AT RISK FROM SEA LEVEL RISE AND STORMS.

THAT'S SO SPECIFIC. I MEAN, THAT TO ME AS A REPRESENTATIVE OF --

MS. CRUZ: WHICH NUMBER WAS IT THAT YOU WERE

SAYING?

MR. SIMPSON: NUMBER FIVE.

MS. CRUZ: MM-HMM.

MR. SIMPSON: IT'S PRETTY SPECIFIC, IT'S DEALING WITH

INFRASTRUCTURE THAT IS REQUIRED, BEING RECOMMENDED TO ADDRESS THE DATA

THAT THESE PEOPLE THAT WERE CONVENED CAME TOGETHER AND SAID, THIS IS

WHAT WE SUPPORT.

MS. CRUZ: AND I AGREE WITH YOU. IT'S ACTUALLY, I

THINK, ONE OF THE MORE -- MOST IMPORTANT REASONS WHY WE NEED TO

RECONVENE THEM. THERE IS NOT A PARTICULAR BODY THAT EXISTS OUT THERE

THAT IS LOOKING AT THE RECOMMENDATIONS TO SEE IF THEY WERE

IMPLEMENTED CORRECTLY, IF THERE ARE UPDATES THAT ARE NEEDED, IF THERE

ARE CHANGES THAT ARE, FRANKLY, SOMETIMES IN LEGISLATING WE MAKE

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NYS ASSEMBLY JUNE 4, 2024

MISTAKES, WAS SOMETHING HERE NOT APPROPRIATE AND NEEDS TO BE

UPDATED.

MR. SIMPSON: SO ESSENTIALLY WE'RE GOING TO ASSESS

MS. CRUZ: A LITTLE BIT OF BOTH, YEAH. THERE'S GOING

TO BE ASSESSMENT AND THERE'S -- AS WELL AS A -- NEW RECOMMENDATIONS.

WE HAVE TO TAKE A LOOK AT ADVANCEMENTS IN SCIENCE. WE HAVE TO TAKE A

LOOK AT WHAT HAS GOVERNMENT ACTUALLY DONE TO SUPPORTING

INFRASTRUCTURE AS WELL AS PREVENT DAMAGE FROM -- FROM WHETHER IT'S

RAINS, WHETHER IT'S STORMS, ET CETERA, AND SEE IF WE DID IT RIGHT AND WHAT

ELSE WE NEED TO DO.

MR. SIMPSON: OKAY. ALSO IN THIS BILL, IT'S SPECIFIC

ABOUT WHEN THIS REPORT, IF SHOULD THIS BILL PASS, SHOULD BECOME

AVAILABLE --

MS. CRUZ: OH, IT'S GOING TO, BUT OKAY.

MR. SIMPSON: -- 2025.

MS. CRUZ: MM-HMM.

MR. SIMPSON: THE FIRST REPORT TOOK TWO YEARS. WE

DON'T KNOW WHERE WE ARE WITH ITS IMPLEMENTATION, WHETHER IT WAS

TAKEN SERIOUSLY, WHETHER IT SHAPED POLICY IN NEW YORK IN 20 YEARS,

AND --

MS. CRUZ: WELL, I WASN'T HERE -- I WASN'T HERE FOR

THE LAST ONE. I TEND TO BE ONE OF THOSE LEGISLATORS THAT ACTUALLY IS ON TOP

OF BILLS THAT I PASS, SO I INTEND TO WORK WITH THE AGENCY TO MAKE SURE

THAT IT'S DONE IN A TIMELY FASHION AND IF IT'S NOT, TO HOLD THEM

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ACCOUNTABLE, WHICH I THINK MANY OF MY COLLEAGUES OFTEN DO WHEN WE

REALLY CARE ABOUT A SUBJECT.

MR. SIMPSON: SO IT SEEMS LIKE A YEAR IS PROBABLY

GOING TO BE INADEQUATE TO ASSESS SOMETHING AS IMPACTFUL, SOMETHING AS

IMPORTANT THAT TOOK TWO YEARS, WASN'T IMPLEMENTED, MAYBE, WASN'T 100

PERCENT IMPLEMENTED, WAS LARGELY PUT ON A SHELF --

MS. CRUZ: SO PART OF THE WORK THAT ARE GOING TO BE

DOING IS ASSESSING AND UPDATING. PART OF IT IS GOING TO BE A BRAND NEW

LOOK AT SOME OF THESE ITEMS. I SUSPECT THAT IT'S NOT GOING TO TAKE THE

THREE YEARS BECAUSE WE DON'T HAVE TO REINVENT THE WHEEL.

MR. SIMPSON: WELL, I THINK, YOU KNOW, WHEN IT

STARTS HAVING LANGUAGE, YOU KNOW, THIS BILL HAS LANGUAGE, THAT -- YOU

KNOW IT'S LOOKING AT SHORELINE EROSION, DAMAGE MITIGATION, POST-STORM

APPROACHES, THAT'S SIGNIFICANT STUDY WORK WHEN YOU LOOK AT THE

COASTLINE OF NEW YORK. YOU TAKE INTO ACCOUNT THE SCIENCE BEHIND

WHAT WE'RE ASSUMING IS CAUSING THIS DAMAGE OR ISSUE OR THREAT TO NEW

YORK, YOU'VE GOT 16 -- IN THIS BILL THERE'S 16 MEMBERS, I MEAN THERE'S

SCIENTISTS HERE --

MS. CRUZ: INCLUDING MEMBERS OF THE MINORITY,

WHICH I'M SURE THAT MAKES YOU GUYS VERY HAPPY.

MR. SIMPSON: CORRECT, AND THAT -- I DON'T WANT TO

FORGET ABOUT THE QUESTION ABOUT THAT, BEFORE I FORGET, THE MINORITY

LEADER WAS NOT INCLUDED, EVEN THOUGH WE HAVE A MINORITY

APPOINTMENT, IN RECEIVING THE REPORT --

MS. CRUZ: WELL, WE CAN'T MAKE YOU HAPPY ALL THE

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TIME, SO WE'RE TRYING. BUT GO ON, YOU WERE ASKING ABOUT THE LENGTH OF

TIME THAT IT WOULD TAKE --

MR. SIMPSON: SO THIS IS -- SO WHEN YOU LOOK, YOU

KNOW, WE'RE -- WE'RE -- COMMISSIONER OF TRANSPORTATION,

COMMISSIONER OF HEALTH, COMMISSIONER OF ENVIRONMENTAL

CONSERVATION AND DESIGNEE, SECRETARY OF STATE. SO A YEAR TO CONVENE

AND ASSESS THIS THREAT TO NEW YORK THAT WE'VE HEARD IS, YOU KNOW, I'VE

HEARD THE EXTREME OF, YOU KNOW, WE'RE ALL GOING TO BE GONE HERE IN A

SHORT PERIOD OF TIME IF WE DON'T TAKE DRASTIC CHANGES. THAT WAS SAID

BACK IN 2009 BUT NOTHING WAS CHANGED. WE DON'T EVEN KNOW, AS

LEGISLATORS. AND HERE WE ARE AGAIN CREATING ANOTHER STUDY, WHICH I'D

LIKE TO KNOW, WE NEED A STUDY ON HOW MANY STUDIES WE'VE DONE AND

WHERE WE'VE ENDED UP WITH AT THE END, WHETHER WE'VE IMPROVED NEW

YORK OR WHETHER WE'VE JUST CREATED HEADLINES.

MS. CRUZ: I HAVE A FEELING WE'VE COME A LONG WAY

AND PROBABLY HAVE IMPROVED MANY ASPECTS OF NEW YORK. BUT ON THIS

PARTICULAR ISSUE, AGAIN, WE'RE NOT STARTING FROM SCRATCH. THOSE THREE

TOPICS THAT YOU MENTIONED WERE PART OF THE ORIGINAL STUDY. SO THEY'RE

GOING TO -- THE IDEA IS TO GO BACK AND LOOK SEE WHAT WAS PROPOSED WAS

DONE, WAS IT DONE CORRECTLY, AND DO WE NEED TO UPDATE IT BASED ON A

NUMBER OF FACTORS. SO IT'S NOT GOING TO START FROM SCRATCH WHERE YOU'RE

GOING TO HAVE EVERYBODY COMING IN AND TRYING TO FIGURE OUT FOR THREE

YEARS WHAT TO DO. AND IN THE EVENT THAT SOMETHING HAPPENS, KNOCK ON

WOOD, SOME SORT OF EMERGENCY, ANOTHER PANDEMIC, WHICH I'M NOT

HOPING FOR, BUT THERE ARE THINGS THAT HAPPEN THAT DELAY A PROCESS. I'M

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NOT GOING TO BE -- WE'RE NOT GOING TO BE IN A POSITION WHERE IF IT'S AN

EXTRA SIX MONTHS, THE WORLD'S FALLING APART. YOU KNOW, THE IDEA IS LET'S

GET THIS DONE BY 2025 AND IF WE NEED A LITTLE BIT OF EXTRA TIME TO GET IT

RIGHT, I DON'T THINK ANY OF US ARE GOING TO OPPOSE THAT.

MR. SIMPSON: OKAY. SO I HAVE A QUESTION, ALSO.

SO I MENTIONED, YOU KNOW, AT SEA RISE, BUT AS YOU WELL KNOW IN THE

WESTERN PART OF NEW YORK, YOU KNOW, WE'VE HAD SIGNIFICANT FLOODING.

I'M NOT IN WESTERN NEW YORK, BUT WESTERN NEW YORK EXPERIENCES

EXTREME FLOODING, YOU KNOW, LAKE ONTARIO AND THE GREAT LAKES, WE

HAVE THE ST. LAWRENCE SEAWAY; IS THAT INCLUDED IN THIS STUDY?

MS. CRUZ: CAN YOU REPEAT THAT QUESTION?

MR. SIMPSON: I -- I MENTIONED, YOU KNOW, THE TITLE

OF THE SEA RISE OR THE COMMISSION, IS IT GOING TO TAKE INTO ACCOUNT THE

FLOODING IN WESTERN NEW YORK?

MS. CRUZ: SO THIS IS -- THE WAY THAT IT WAS SET UP,

IT'S NOT JUST FOR THEE COAST, BUT ALSO ALONG THE HUDSON RIVER, BUT THERE

ARE OTHER STUDIES, FROM MY UNDERSTANDING, THAT LOOK AT THAT SPECIFIC

ISSUE THAT YOU'RE ASKING ABOUT.

MR. SIMPSON: AND IT ALSO IT INCLUDES TERRESTRIAL,

YOU KNOW, IMPACTS, IMPACTS TO, YOU KNOW, BASICALLY PLANT LIFE AND ALL

THAT, NATIVE PLANTS. SO IT'S THE ENTIRE STATE I WOULD ASSUME, OR IS IT JUST

COASTAL PLANTS?

MS. CRUZ: IT'S -- IT'S THE IMPACT THAT - SORRY - IT'S THE

IMPACT THAT THE COASTAL FLOODING WOULD HAVE ON NOT JUST COASTS, BUT THE

ENTIRE STATE.

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NYS ASSEMBLY JUNE 4, 2024

MR. SIMPSON: OKAY. AND THEN AS I SAID, AND YOU

CORRECTLY POINTED OUT THAT THERE IS MINORITY REPRESENTATION ON THIS, BUT

THE REPORT IS NOT BEING FORWARDED TO THE MINORITY LEADER.

MS. CRUZ: I MEAN, IT'S MADE PUBLIC, IT'S GOING TO THE

LEGISLATURE. I WOULD ASSUME HIM BEING THE MINORITY LEADER HE WOULD

GET IT.

MR. SIMPSON: WELL, I JUST WONDERED WHY IT WAS

LEFT OUT WHEN IT'S CERTAINLY HIGHLIGHTED, IT GOES TO THE SPEAKER, IT GOES

TO THE SENATE PRESIDENT, BUT DOESN'T GO TO THE MINORITY LEADER, BUT WE

HAVE A MINORITY REPRESENTATIVE.

MS. CRUZ: I WILL MAKE SURE HE GETS A COPY.

MR. SIMPSON: AND, YOU KNOW, I DIDN'T -- I WASN'T

AWARE OF THIS UNTIL THIS BILL WAS ENTERED IN THIS SYSTEM. I DON'T KNOW

HOW MANY NEW YORKERS REALIZED THAT THERE WAS ACTUALLY A STUDY BACK

IN 2007, REPORT CAME OUT IN 2009, AND NOW WE'RE PROPOSING TO DO IT

AGAIN. SO AS I SAID, IT SEEMS LIKE A LOT OF THIS STUFF ENDS UP, YOU KNOW,

WE MAKE A BIG PUSH TO DO IT, BUT THEN THE FOLLOW-THROUGH BECOMES AN

ISSUE.

MS. CRUZ: I CAN'T ANSWER AS TO WHAT HAS HAPPENED

IN THE PAST. I CAN TELL YOU THAT MY GOAL IS TO MAKE SURE THAT WE TAKE

THIS SERIOUSLY, THAT WE COME UP WITH A REVIEW OF WHETHER WE DID THIS

THE RIGHT WAY, IF WE NEED TO IMPROVE ANY OF THE RECOMMENDATIONS,

GIVING YOU THE EXTRA TIME TO IMPLEMENT THEM, AND -- AND ACTUALLY TO

GET AN ANSWER. DID WE DO IT RIGHT OR NOT? AND THEN MAKE SURE THAT IT'S

IN A TIMELY MANNER AND THAT WE ARE ACTUALLY FOLLOWING THROUGH BECAUSE

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NYS ASSEMBLY JUNE 4, 2024

I THINK YOU'RE CORRECT IN THAT IF WE'RE GOING TO BE ASKING, WHETHER IT'S

GOVERNMENT OR AN ENTITY TO STUDY A SUBJECT, AN ISSUE, AND TELL US IF WE

DID IT RIGHT AND IMPLEMENT SOMETHING, THEN WE'VE GOT TO FOLLOW

THROUGH.

MR. SIMPSON: AND THAT'S MY POINT, BECAUSE IN THAT

2009, OR -- YEAH, 2009 REPORT, THEY CITE THE 1.5 PERCENT -- OR 1.5 DEGREE

TEMPERATURE RISE.

MS. CRUZ: MM-HMM.

MR. SIMPSON: WE'RE STILL TALKING ABOUT THE SAME

1.5 DEGREE TEMPERATURE RISE --

MS. CRUZ: THAT SHOULD TELL YOU A LOT.

MR. SIMPSON: -- 20 YEARS LATER.

MS. CRUZ: AND THAT SHOULD TELL YOU A LOT. WE HAVE

NOT DONE EVERYTHING WE CAN TO MAKE SURE THAT WE ARE WATCHING FOR ALL

OF THESE THREATS TO OUR STATE.

MR. SIMPSON: MY POINT IS, WE'RE STILL TALKING ABOUT

THE SAME PROJECTED INCREASE, THAT, YOU KNOW, OUR HAS --

MS. CRUZ: IT'S PER YEAR, YEAH --

MR. SIMPSON: -- PER, YEAH.

MS. CRUZ: IT'S -- IT'S NOT AN INCREASE OF, LIKE,

OVERALL. THE WAY THAT I'M READING IT, IF IT'S THE SAME ONE THAT YOU'RE

TALKING ABOUT, IT'S THIS IS A STEADY INCREASE EVERY YEAR. IT'S THE SAME

THING WITH THE LEVEL OF FLOODING, IT'S A STEADY INCREASE EVERY YEAR. AND

SO IT CAN GET TO THE POINT WHERE IT CAN CREATE A REAL DANGER IF WE DON'T

ACTUALLY IMPLEMENT A LOT OF THESE IN THE RIGHT WAY, A LOT OF THESE

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NYS ASSEMBLY JUNE 4, 2024

RECOMMENDATIONS.

MR. SIMPSON: SO IT'S YOUR CONTENTION THAT OVER

20 YEARS, OUR TEMPERATURE -- AVERAGE TEMPERATURE HAS RISEN 1.5 DEGREES

PER YEAR?

MS. CRUZ: I'M NOT A SCIENTIST, I'M A LAWYER. I'M JUST

SAYING THAT IF WE'RE READING THE SAME ONE, THAT THAT'S PROBABLY WHERE

IT'S GOING.

MR. SIMPSON: ALL RIGHT. WELL, THANK YOU FOR

ANSWERING MY QUESTIONS.

MS. CRUZ: THANK YOU.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. CRUZ, WILL YOU

YIELD?

MS. CRUZ: SURE.

ACTING SPEAKER AUBRY: MS. CRUZ YIELDS.

MR. GOODELL: THANK YOU, MS. CRUZ. I READ AN

ARTICLE RECENTLY THAT SUGGESTED THAT WITH ALL THE SKYSCRAPERS IN NEW

YORK CITY THAT NEW YORK CITY ITSELF IS SINKING. IS THAT WITHIN THE

SCOPE OF THIS STUDY?

MS. CRUZ: POTENTIALLY IT COULD BE. I GUESS IT WOULD

DEPEND ON THE REASONING GIVEN IN YOUR ARTICLE. I HAVEN'T READ THAT

ARTICLE SO I DON'T KNOW.

MR. GOODELL: AND TO FOLLOW UP ON MY

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NYS ASSEMBLY JUNE 4, 2024

COLLEAGUE'S QUESTION, HOW MUCH HAS THE SEA LEVEL RISEN SINCE 2010?

MS. CRUZ: HOLD ON ONE SECOND BECAUSE I ACTUALLY

DO HAVE A NUMBER FOR THAT.

(PAUSE)

IT'S ABOUT A FOOT SINCE THE YEAR 1900, BUT IT'S ABOUT 1.2

INCHES PER DECADE. SO YOU WOULD THINK ABOUT 1.2 INCHES BECAUSE IT'S

ALMOST TEN YEARS SINCE THAT -- THAT STUDY WAS DONE, SINCE THAT

CONVERSATION.

MR. GOODELL: I SEE. NOW, I NOTE THAT THE

MEMBERSHIP ON THIS -- THIS TASK FORCE, IT'S COMMISSIONER OF

ENVIRONMENTAL CONSERVATION, APPOINTED BY THE GOVERNOR; SECRETARY OF

STATE, APPOINTED BY THE GOVERNOR; COMMISSIONER OF TRANSPORTATION,

APPOINTED BY THE GOVERNOR; COMMISSIONER OF HEALTH, APPOINTED BY THE

GOVERNOR; DIRECTOR OF STATE EMERGENCY MANAGEMENT, APPOINTED BY

THE GOVERNOR; SUPERINTENDENT OF INSURANCE, APPOINTED BY THE

GOVERNOR. IS THERE ANY REASON WHY THE GOVERNOR'S CABINET CAN'T WORK

TOGETHER TO ADDRESS A SERIOUS ISSUE LIKE THIS?

MS. CRUZ: WELL, TWO THINGS. THAT SOUNDS MORE

LIKE A POLITICAL ANSWER --

MR. GOODELL: NO, I'M JUST WONDERING --

MS. CRUZ: HOLD ON, HOLD ON; YOU ASKED ME THE

QUESTION.

MR. GOODELL: I'M JUST WONDERING WHY WE NEED TO

TELL THEM TO WORK TOGETHER.

MS. CRUZ: MR. GOODELL, MR. GOODELL, IF YOU ASK

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ME A QUESTION, I GET TO ANSWER IT THE WAY I WANT IT, NOT THE WAY YOU

NEED TO HEAR IT, RIGHT?

MR. GOODELL: OF COURSE. I'M WAITING FOR THE

SECOND REASON.

MS. CRUZ: I'M NOT GOING TO MISS THIS AT ALL.

MR. GOODELL, THE WAY THAT YOU'RE ASKING THE QUESTION,

IT'S FRAMED IN A WAY THAT WOULD REQUIRE A POLITICAL ANSWER, WHICH I'M

NOT GOING TO GIVE. BUT WHAT I WILL TELL YOU IS THAT IT IS THE SAME

COMPOSITION THAT THE LAST TIME THE TASK FORCE WAS CONVENED.

MR. GOODELL: I SEE. I WASN'T HERE IN 2007, SO I

WAS UNABLE TO ASK THAT QUESTION THEN. BUT CERTAINLY, THERE'S NOTHING IN

STATUTE, LAW, RULE OR REGULATION THAT WOULD PRECLUDE THE GOVERNOR'S

CABINET FROM WORKING TOGETHER, CORRECT?

MS. CRUZ: THAT'S CORRECT.

MR. GOODELL: NOW, SINCE 2007 WHEN WE FIRST SET

THIS UP, THERE HAD BEEN SERIOUS ISSUES WITH SEA WATER FLOODING, RIGHT, IN

NEW YORK CITY, FOR EXAMPLE.

MS. CRUZ: THAT'S UNFORTUNATELY CORRECT, YES.

MR. GOODELL: AM I CORRECT THAT THAT CAUSED

SUBSTANTIAL DAMAGE TO THE NEW YORK CITY SUBWAY SYSTEM AND A LOT OF

THEIR INFRASTRUCTURE.

MS. CRUZ: YES. PEOPLE DIED, IT WAS -- IT WAS A

COUPLE OF TERRIBLE TIMES, YES.

MR. GOODELL: IS THERE ANY REASON WHY THERE'S

REPRESENTATIVES FROM NASSAU AND SUFFOLK COUNTY ON LONG ISLAND BUT

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NO REPRESENTATIVE FROM THE CITY OF NEW YORK?

MS. CRUZ: THAT -- THAT'S NOT CORRECT.

MR. GOODELL: OKAY. WHO'S THE REPRESENTATIVE

FROM THE CITY FOR NEW YORK?

MS. CRUZ: A MEMBER APPOINTED BY THE MAYOR OF

THE CITY OF NEW YORK.

MR. GOODELL: I'M SORRY, WHAT LINE IS THAT? OH, I

SEE; OKAY, GREAT. AND IS THAT CITY OF NEW YORK WORKING ON ITS OWN TO

HARDEN ITS INFRASTRUCTURE AND PREVENT --

MS. CRUZ: IT'S THE WHAT, I'M SORRY?

MR. GOODELL: IS THE CITY OF NEW YORK WORKING

ON ITS OWN TO PROTECT ITS OWN SUBWAY SYSTEM AND ITS OWN INFRASTRUCTURE

IN THE LAST 14 YEARS SINCE THIS REPORT WAS LAST ISSUED?

MS. CRUZ: I WILL ANSWER ANECDOTALLY BECAUSE I'M

NOT 100 PERCENT SURE OF THE INS AND OUTS OF WHAT THEY'RE DOING, BUT MY

UNDERSTANDING FROM HAVING SEEN THE NEWS IS THERE -- OVER THE LAST TEN

YEARS THERE HAS BEEN A NUMBER OF THINGS IMPLEMENTED, BUT THEY DON'T

ALWAYS WORK. AS WE SAW DURING IDA, THERE ARE -- AND THIS IS AGAIN,

MORE ANECDOTALLY IN THE TRAINS, THEY INSTALLED -- THE MTA, SOME SORT OF

CRATES OR GRATES TO MAKE SURE THERE WAS NO FLOODING AND IT STILL

HAPPENED. SO WHILE THEY ARE DOING SOME OF THE WORK, IT IS UNCLEAR IF

IT'S WORKING THE WAY THAT IT NEEDS TO.

MR. GOODELL: NOW, OF COURSE WE HAVE A STATE OF

EMERGENCY MANAGEMENT OFFICE, HEADED UP BY A CABINET-LEVEL

APPOINTEE WHOSE SOLE RESPONSIBILITY IS TO PROTECT THE STATE FROM THIS

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TYPE OF SITUATION, ISN'T IT? HAVE THEY THEMSELVES MOVED FORWARD WITH

ANALYZING AND MAKING RECOMMENDATIONS TO PROTECT NEW YORK STATE

RESIDENTS FROM RISING SEAWATER?

MS. CRUZ: MR. GOODELL, I BELIEVE THAT THAT'S BEYOND

THE SCOPE OF WHAT THIS BILL DOES.

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

MS. CRUZ: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: AS MY COLLEAGUE HAS POINTED OUT,

WE HAD A SPECIAL COMMISSION, BUT IN 2007 THEY ISSUED A REPORT IN 2010,

NOT SURE HOW MUCH THAT REPORT HAS BEEN IMPLEMENTED IN THE LAST

14 YEARS AND SO OUR RESPONSE IS TO, AGAIN, BY LAW, DIRECT THE GOVERNOR'S

CABINET TO MEET AND WORK TOGETHER. I ACTUALLY HAVE A FAIR DEGREE OF

CONFIDENCE IN THE GOVERNOR'S STAFF. I ACTUALLY THINK THAT THE STATE

EMERGENCY MANAGEMENT OFFICE IS DOING ITS JOB IN CONSIDERING THIS. I

ACTUALLY THINK THAT THE CITY OF NEW YORK, HAVING SUFFERED MILLIONS AND

MILLIONS OF DAMAGES FROM A STORM SURGE, THAT THEY'RE DOING THEIR JOB.

IN FACT, I THINK ALL THESE FOLKS ARE DOING THEIR JOB. WHAT I DON'T THINK IS

IT'S OUR JOB TO TELL THEM TO DO THEIR JOB. AND FOR THAT REASON, I DON'T

THINK THE LEGISLATION, I HOPE THE LEGISLATION IS NOT NECESSARY, AND IF IT IS

NECESSARY, WE HAVE A LOT MORE SERIOUS PROBLEMS GOING ON WITH THE

EXECUTIVE BRANCH. AND FOR THAT REASON, I WILL NOT BE SUPPORTING IT. BUT

THANK YOU TO MY COLLEAGUE. THANK YOU, SIR.

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NYS ASSEMBLY JUNE 4, 2024

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: I CERTAINLY HOPE THAT WE'RE NOT ALL

WET, BUT THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS TASK

FORCE -- FOR THE NEED FOR THIS TASK FORCE. THOSE WHO SUPPORT IT SHOULD

VOTE YES. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES- -- MR. FALL, I'M SORRY.

MR. FALL: THANK YOU, MR. SPEAKER. THE MAJORITY

CONFERENCE WILL BE IN FAVOR OF THIS PIECE OF LEGISLATION. FOR THOSE THAT

WOULD LIKE TO VOTE NO, THEY CAN DO SO AT THEIR DESK.

ACTING SPEAKER AUBRY: THANK YOU BOTH.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM IMMEDIATELY.

ACTING SPEAKER AUBRY: WAYS AND MEANS,

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NYS ASSEMBLY JUNE 4, 2024

SPEAKER'S CONFERENCE ROOM, IMMEDIATELY. THANK YOU.

PAGE 9, RULES REPORT NO. 136, THE CLERK WILL READ.

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: ON A MOTION BY MS.

JEAN-PIERRE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MS. JEAN-PIERRE, AN EXPLANATION HAS BEEN REQUESTED.

MS. JEAN-PIERRE: THIS BILL IS AN ACT TO AMEND THE

TRANSPORTATION LAW IN RELATION TO THE MEMBERSHIP OF THE REPUBLIC

AIRPORT COMMISSION, TO SIMPLIFY THE NOMINATION AND APPOINTMENT

PROCESS FOR THE REPUBLIC AIRPORT COMMISSION.

ACTING SPEAKER EACHUS: MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER EACHUS: WILL THE SPONSOR

YIELD?

MS. JEAN-PIERRE: I WILL YIELD.

ACTING SPEAKER EACHUS: SHE YIELDS.

MR. GOODELL: THANK YOU, MS. JEAN-PIERRE. IS

THERE -- IS THERE ANYTHING WRONG WITH THE CURRENT COMPOSITION?

MS. JEAN-PIERRE: WELL, THIS BILL WOULD JUST

EXTENDS THE -- JUST CHANGES THE POOL OF OPTIONS FOR US TO HAVE

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NYS ASSEMBLY JUNE 4, 2024

CANDIDATES FOR THE COMMISSION.

MR. GOODELL: NOW, I SEE THE ORIGINAL

COMMISSION HAD SPECIFIC REPRESENTATION FROM THE TOWN OF BABYLON,

THAT'S BEEN ELIMINATED; IS THAT CORRECT?

MS. JEAN-PIERRE: CORRECT.

MR. GOODELL: AND IT HAD SPECIFIC REPRESENTATION

FROM THE MOST AFFECTED SCHOOL DISTRICT, THAT'S BEEN ELIMINATED AS WELL,

CORRECT?

MS. JEAN-PIERRE: SO -- SO THEY'RE NOT ELIMINATED,

THEY JUST -- IT'S JUST AN EXPANSION ON TO WHAT -- THEY WOULD STILL QUALIFY.

MR. GOODELL: BUT THE MEMBERSHIP HASN'T

INCREASED.

MS. JEAN-PIERRE: I'M SORRY, I JUST CAN'T HEAR YOU.

MR. GOODELL: SO THE ORIGINAL REQUIRED THREE

RESIDENTS OF THE TOWN OF BABYLON AND THREE RESIDENTS FROM FARMINGTON

SCHOOL DISTRICT, SO SIX REPRESENTATIVES WERE FROM THOSE TWO ENTITIES.

ANY REFERENCE TO THOSE TWO ENTITIES HAVE BEEN REMOVED, RIGHT, FROM

THIS BILL, AS MEMBERS, AS GUARANTEED HAVING REPRESENTATION, CORRECT?

MS. JEAN-PIERRE: THEY DON'T NEED -- THEY DON'T --

THEY'RE NOT DISQUALIFIED, IT'S JUST -- THERE'S JUST NO REQUIREMENT FOR THE

LIST. IT JUST EXPANDS THE POOL OF OPTIONS FROM CANDIDATES WITHIN NOT

ONLY IN THE TOWN OF BABYLON OR THE SCHOOL DISTRICT, IT EXPANDS TO

NASSAU AND SUFFOLK COUNTY.

MR. GOODELL: I SEE.

MS. JEAN-PIERRE: THAT'S ALL WE'RE DOING.

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NYS ASSEMBLY JUNE 4, 2024

MR. GOODELL: AND IS THERE ANY REASON WHY

THERE'S NO MINORITY APPOINTMENTS AT ALL, OR EVEN RECOMMENDATIONS

FROM THE MINORITY? I SEE THERE'S, WHAT, FOUR FROM THE SPEAKER BUT NONE

FROM THE MINORITY LEADER; WHY IS THAT?

MS. JEAN-PIERRE: WELL, IT APPEARS THAT ALL OF THESE

AUTHORITY BOARDS THAT'S JUST NOT A NORMAL PRACTICE, IT'S JUST NOT NORMAL

FOR AUTHORITY BOARDS TO HAVE THEM. SO YOU WOULD HAVE TO QUESTION ALL

THE BOARDS -- AUTHORITY BOARDS.

MR. GOODELL: NOW, AM I CORRECT THAT THE

MAJORITY OF REPRESENTATION ON LONG ISLAND IS REPUBLICAN?

MS. JEAN-PIERRE: I'M NOT SURE (INAUDIBLE). THAT'S

NOT IN THIS BILL.

MR. GOODELL: NO, I UNDERSTAND. BUT MY QUESTION

IS IF THE MAJORITY OF LONG ISLAND IS REPRESENTED BY REPUBLICANS, HOW

COME THERE'S NO RECOMMENDATION FOR MEMBERSHIP ON THIS COMMISSION

FROM THE REPUBLICAN MINORITY LEADERSHIP?

MS. JEAN-PIERRE: NOTHING IS STOPPING LEADERSHIP

FROM APPOINTING ANY -- IT DOESN'T HAVE TO BE -- THIS IS NOT A REPUBLICAN

OR DEMOCRATIC BOARD, BUT NOTHING IS STOPPING REPUBLICAN OFFICIALS

ELECTED TO COMMUNICATE WITH THE SPEAKER TO APPOINT A CANDIDATE.

MR. GOODELL: I SEE. WE'RE JUST NOT GOING TO

ALLOW THE REPUBLICANS TO MAKE RECOMMENDATIONS --

MS. JEAN-PIERRE: I THINK YOU WERE JUST SAYING

THAT WE'RE ALLOWING THE LEADERSHIP TO MAKE THAT APPOINTMENT AND OUR

CURRENT LEADERSHIP IS OUR SPEAKER, SO YOU CAN COMMUNICATE WITH OUR

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NYS ASSEMBLY JUNE 4, 2024

SPEAKER AND HE CAN MAKE THAT APPOINTMENT.

MR. GOODELL: AND HAS BEEN FOR OVER 50 YEARS,

RIGHT?

MS. JEAN-PIERRE: THAT'S THE WAY THE BILL IS

WRITTEN, BUT THAT'S NOT THE WAY THE BILL -- THIS IS NOT WHAT WE'RE -- IT'S

NOT IN THAT CONTEXT. BUT IF YOU HAVE AN APPOINTMENT, YOU CAN REACH OUT

TO THE LEADERSHIP AND YOU CAN CONSULT THE LEADERSHIP WITH YOUR

CANDIDATE, LIKE ANY OTHER AUTHORITY BOARD.

MR. GOODELL: I SEE. SO THIS BILL PROVIDES THAT THE

DEMOCRATIC LEADERSHIP IN THE SENATE AND THE DEMOCRATIC LEADERSHIP IN

THE ASSEMBLY CAN MAKE RECOMMENDATIONS TO THE DEMOCRATIC

GOVERNOR AND IF THEY WANT TO, THEY COULD ACTUALLY RECOMMEND A

REPUBLICAN, THAT'S NOT GOING TO BE ILLEGAL, BUT WE'RE NOT TAKING ANY

RECOMMENDATIONS FROM ANY REPUBLICAN LEADER. IT'S JUST PART OF THE

BILL; CORRECT?

MS. JEAN-PIERRE: IS THAT A QUESTION? YOU'RE

ASKING ME A QUESTION IN ANOTHER WAY? IT'S THE SAME QUESTION?

MR. GOODELL: YES, IS THAT CORRECT? I MEAN, I'M

READING THIS BILL RIGHT, CORRECT?

MS. JEAN-PIERRE: THIS BILL IS JUST SAYING THAT

WE'RE OPENING UP THE POOL OF CANDIDATES FOR THE COMMISSION SO WE CAN

EXPAND AND WE CAN FILL UP SOME OF THE SEATS. IT'S NOT TALKING ABOUT ANY

PARTIES.

MR. GOODELL: OKAY, THANK YOU.

MS. JEAN-PIERRE: THANK YOU.

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NYS ASSEMBLY JUNE 4, 2024

MR. GOODELL: SIR, ON THE BILL.

ACTING SPEAKER EACHUS: ON THE BILL, MR.

GOODELL.

MR. GOODELL: ISN'T IT AMAZING THAT YOU CAN HAVE

AN AREA THAT HAS EXCESSIVE REPUBLICAN REPRESENTATION AND THEN PASS A

BILL THAT DOESN'T GIVE THEM ANY RECOMMENDATION ON THE COMMISSION

FOR THE REPUBLIC AIRPORT? I MEAN, REALLY. EVEN IF WE DIDN'T REPRESENT

A LARGE PORTION OF THAT AREA ON LONG ISLAND, IT WOULD SEEM THAT MAYBE

THE LEADERSHIP THAT REPRESENTS A THIRD OF THE STATE RESIDENTS OUGHT TO BE

AT LEAST GIVEN THE OPPORTUNITY TO MAKE A RECOMMENDATION. AND, KEEP

IN MIND, IT'S JUST A RECOMMENDATION TO THE GOVERNOR WHO'S A DEMOCRAT

ANYWAY. I'M JUST SAYING, HEY, LET'S START LOOKING AT BEING BIPARTISAN AND

OPEN TO NEW IDEAS, ESPECIALLY WHEN IT COMES TO A COMMISSION LIKE THIS.

SO I'M DISAPPOINTED THAT PARTISANSHIP TRUMPS POLICY, AND FOR THAT

REASON I WON'T BE SUPPORTING IT, BUT SOME OF MY COLLEAGUES MIGHT.

THANK YOU, SIR.

ACTING SPEAKER EACHUS: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER EACHUS: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS NEW POINT OF PROCESS, BUT

SOME OF MY COLLEAGUES MAY SUPPORT IT, REFLECTING THE FACT THAT THEY

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NYS ASSEMBLY JUNE 4, 2024

NEED NEW LEADERSHIP AND NEW LIFE. SO IN GENERAL WE'LL BE IN THE

NEGATIVE, BUT THERE MAY BE SOME THAT WANT TO SUPPORT IT. THANK YOU,

SIR.

ACTING SPEAKER EACHUS: MRS.

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

PIECE OF LEGISLATION. THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN

EXCEPTION, THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS. THANK YOU, SIR.

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. IT'S MY HONOR AND PLEASURE TO ON BEHALF OF OUR COLLEAGUE, MS.

REYES, TO INTRODUCE BRUCE MCINTOSH/ HE'S A REPRESENTATIVE FROM FANIA

RECORDS. FANIA RECORDS IS A NEW YORK-BASED RECORD LABEL THAT HAS

MADE SIGNIFICANT CONTRIBUTIONS TO THE LATINO MUSIC INDUSTRY OVER THE

PAST 60 YEARS. FANIA RECORDS HAS PLAYED PIVOTAL ROLES IN BRINGING THE

VIBRANT SOUNDS OF LATINO MUSIC FROM THE STREETS OF NEW YORK CITY TO

THE GLOBAL STAGE. IF YOU WOULD PLEASE WELCOME MR. MCINTOSH TO OUR

CHAMBERS, OFFER HIM THE CORDIALITIES OF THE FLOOR AND THE PRIVILEGES OF

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NYS ASSEMBLY JUNE 4, 2024

THE FLOOR, AS WELL. THANK YOU, SIR.

ACTING SPEAKER EACHUS: CERTAINLY. ON

BEHALF OF MS. REYES, MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE

MEMBERS OF THIS ASSEMBLY, WE WELCOME YOU HERE TO THE ASSEMBLY

FLOOR. I CERTAINLY HOPE YOU BROUGHT SOME SAMPLES WITH YOU, WE WOULD

LOVE TO LISTEN TO THEM. BUT WE EXTEND THE PRIVILEGES OF THE FLOOR TO YOU

AND WE HOPE YOU ENJOY YOUR DAY AND YOU HAVE A GREAT EXPERIENCE.

THANK YOU FOR JOINING US TODAY.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: WE'RE GOING TO CONTINUE

OUR WORK ON OUR DEBATE LIST. IF WE COULD GO TO RULES REPORT NO. 109 --

NO, I'M SORRY, WE'RE NOT GOING THERE, WE'RE GOING TO 141, THAT ONE'S BY

MS. ROSENTHAL; THEN WE'RE GOING TO 143, THAT ONE'S BY MS.

BICHOTTE-HERMELYN; AND 146 BY MS. ZINERMAN. IN THAT ORDER, MR.

SPEAKER. THANK YOU.

ACTING SPEAKER EACHUS: PAGE 9, RULES

REPORT NO. 141, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00038-A, RULES

REPORT NO. 141, L. ROSENTHAL, SEAWRIGHT, RAGA, BORES, WEPRIN. AN

ACT TO AMEND THE INSURANCE LAW, IN RELATION TO PROVIDING HEALTH

INSURANCE COVERAGE FOR SCALP COOLING SYSTEMS FOR THE PRESERVATION OF

HAIR DURING CANCER CHEMOTHERAPY TREATMENT.

ACTING SPEAKER EACHUS: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

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NYS ASSEMBLY JUNE 4, 2024

ON THE BILL.

ACTING SPEAKER EACHUS: ON THE BILL.

MR. GOODELL: THIS BILL IS FAIRLY STRAIGHTFORWARD.

IT REQUIRES EVERY POLICY ISSUED IN THE STATE OF NEW YORK THAT'S FOR

COMMERCIAL OR MAJOR MEDICAL TO PROVIDE COVERAGE FOR SCALP COOLING

SYSTEMS. AND THE HOPE IS THAT BY AUTHORIZING THIS COVERAGE, PEOPLE

WHO ARE GOING THROUGH CHEMOTHERAPY WOULD HAVE INSURANCE COVERAGE

FOR SCALP COOLING. AND THE THEORY IS THAT IF YOU COOL THE SCALP WHEN

YOU'RE DOING CHEMOTHERAPY, IT REDUCES THE SIZE OF THE BLOOD VESSELS

AND, THEREFORE, REDUCES THE AMOUNT OF CHEMO CHEMICALS FROM REACHING

THE HAIR FOLLICLES AND REDUCES HAIR LOSS. THE PROBLEM IS THAT THE

PROCESS IS FAIRLY EXPENSIVE AND UNFORTUNATELY IT'S ONLY EFFECTIVE JUST

OVER 50 PERCENT OF THE TIME.

NOW, I'M VERY MUCH AWARE THAT PEOPLE'S IDENTITY IS

OFTEN AFFILIATED WITH THEIR LOOKS, AND CERTAINLY HAIR IS A MAJOR PART OF

THAT. AND I HAVE HAD RELATIVES AND FRIENDS, INCLUDING MY CHIEF-OF-STAFF

WHO WENT THROUGH CHEMO AND LOST ALL THEIR HAIR, AND IT'S -- IT'S AN

EMOTIONAL ISSUE FOR A WOMAN TO LOSE ALL HER HAIR. SO THERE'S A LOT OF

EMPATHY AND SUPPORT. MY CONCERN IS, AND I'LL JUST MENTION IT, IT WILL BE

A FAST VOTE. I ANTICIPATE WE'LL HAVE BROAD SUPPORT BECAUSE OF THE

COMPASSION WE FEEL FOR CHEMO PATIENTS, BUT YOU CANNOT BUY A BASIC

INSURANCE POLICY IN NEW YORK, YOU SIMPLY CANNOT BUY ONE. AND WE

NOW HAVE WELL OVER 60 MANDATED COVERAGES, AND EACH ONE BY

THEMSELVES IS GREAT, AND WHEN YOU PUT THEM ALL INTO A PACKAGE YOU END

UP WITH UNAFFORDABLE HEALTH INSURANCE. AND FOR MANY OF OUR RESIDENTS,

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NYS ASSEMBLY JUNE 4, 2024

THEY SIMPLY CANNOT AFFORD TO BUY INSURANCE POLICIES. AND YOU CAN'T

WALK IN AND TALK TO YOUR INSURANCE AGENT AND BUY A POLICY THAT DOESN'T

COVER ALL 60-PLUS BENEFITS. SO YOU CAN'T BUY A POLICY AFTER THIS LAW

GOES INTO PLACE THAT DOESN'T COVER HAIR COOLING, EVEN IF YOU DON'T LIKE

YOUR HAIR, NOR CAN YOU BUY COVERAGE THAT DOESN'T INCLUDE ABORTION,

EVEN IF YOU MAY BE PHILOSOPHICALLY OPPOSED TO IT. AND AS A RESULT, WE

END UP WITH PEOPLE WHO CAN'T AFFORD ANY POLICY.

THERE'S A SECOND THING I'LL MENTION TO YOU THAT'S GOING

ON. OVER HALF OF THE COMMERCIAL POLICIES IN NEW YORK STATE RUN BY

LARGER CORPORATIONS ARE SELF-FUNDED. AND BY BEING SELF-FUNDED THEY'RE

REGULATED UNDER THE FEDERAL EMPLOYEE RETIREMENT SECURITY PROGRAM

AND NOT STATE LAW. AND SO WHEN WE PASS A MANDATE HERE, IT DOESN'T

AFFECT ANY OF THEM, THEY CUSTOM DESIGN THEIR OWN PLAN. AND SO WE'RE

ENDING UP WITH A TWO-TIER. WELL, THREE-TIER. WE'VE GOT MEDICAID THAT

APPARENTLY NOBODY LIKES, INCLUDING THE PROVIDERS AND THE PATIENT. WE

ENDED UP WITH A PRIVATE PLAN, SELF-FUNDED, THAT ABOUT HALF OF ALL

COMMERCIAL POLICIES ARE NOW PRIVATE PAY, SELF-FUNDED OUTSIDE OUR

REGULATORY SCOPE, AND THEN WE END UP WITH A THIRD CATEGORY WHICH

COVERS ALMOST EVERYTHING UNDER THE SUN AND IS UNAFFORDABLE FOR MANY

OF OUR SMALL BUSINESSES AND INDIVIDUALS. AND WE KEEP PERPETUATING

THAT UNAFFORDABILITY WITH WELL-MEANING BUT EXPENSIVE OPTIONS, IN THIS

CASE, THAT ARE ONLY ABOUT 50 PERCENT EFFECTIVE.

SO I CAUTION MY COLLEAGUES. WE NEED TO EXERCISE

RESTRAINT. HAVING PERSONALLY EXPERIENCED WITH VERY CLOSE FRIENDS THEIR

-- THEIR PAIN, IF YOU WILL, OF LOSING THEIR HAIR, I'M GOING TO SUPPORT THIS

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NYS ASSEMBLY JUNE 4, 2024

PARTICULAR ONE, BUT WE NEED TO BE SENSITIVE. THANK YOU, SIR.

ACTING SPEAKER EACHUS: ON A MOTION BY MS.

ROSENTHAL, 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 EACHUS: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. ROSENTHAL TO EXPLAIN YOUR VOTE.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. MANY TYPES OF CHEMOTHERAPY RESULT IN ALOPECIA OR

HAIR LOSS BECAUSE THEY TARGET FAST DIVIDING CELLS. THIS INCLUDES CANCER

CELLS BUT ALSO SOME TYPES OF NORMAL CELLS SUCH AS HAIR FOLLICLES. AND

ONE OF THE MOST FEARED SIDE EFFECTS OF CANCER TREATMENT FOR MANY

PATIENTS IS THE FEAR OF HAIR LOSS AND THAT, IN FACT, CAN DISCOURAGE SOME

PEOPLE FROM UNDERGOING TREATMENT. BUT WHAT MANY OF THEM SAY IS THAT

THE LOSS OF PRIVACY, THE FACT THAT SOMEONE CAN LOOK AT THEM AND

(INAUDIBLE), OH, YOU DON'T HAVE HAIR, YOU MUST HAVE CANCER. AND THAT

IS AMONG THE THINGS THAT WE'RE TRYING TO EASE WITH THIS BILL THAT WOULD

ALLOW PEOPLE WHO HAVE SOLID TUMORS AND RECEIVE CHEMOTHERAPY WOULD

BE ALLOWED TO GET THE SCALP COOLING, WHICH HAS BEEN APPROVED BY THE

FDA SINCE 2017 AND IS LEGAL -- IS COVERED IN 30 COUNTRIES. LET'S HAVE

SOME COMPASSION FOR PEOPLE IN NEW YORK STATE WHO HAVE TO UNDERGO

THIS, AND IT ACTUALLY JUST LIFTS THEIR MOOD AND MAKES THEM FEEL MORE

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NYS ASSEMBLY JUNE 4, 2024

HOPEFUL AND NOT LIKE A "CANCER PATIENT" WHO ANYONE CAN IDENTIFY. SO I

VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER EACHUS: MS. ROSENTHAL IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 9, RULES, REPORT NO. 143, THE CLERK WILL READ

THE CLERK: ASSEMBLY NO. A01035-B, RULES

REPORT NO. 143, BICHOTTE HERMELYN, DICKENS, TAYLOR, GIBBS,

GONZ�LEZ-ROJAS, SIMON, LEE, STECK, JACOBSON. AN ACT TO AMEND THE

GENERAL BUSINESS LAW, IN RELATION TO PROHIBITING THE USE OF SOCIAL

MEDIA PLATFORMS FOR THE PURPOSES OF COLLECTING DEBTS.

ACTING SPEAKER EACHUS: AN EXPLANATION HAS

BEEN REQUESTED.

MS. BICHOTTE HERMELYN: YES, THANK YOU, MR.

SPEAKER. FOR THE EXPLANATION, THIS BILL PROHIBITS PRINCIPAL CREDITORS

AND DEBT COLLECTORS FROM USING SOCIAL MEDIA PLATFORM AS A MEANS TO

COLLECT ON CONSUMER DEBT. AND WHAT IT DOES, IT ALSO -- IT ADDS A NEW

SUBDIVISION 12 TO SECTION 601 OF THE GENERAL BUSINESS LAW AND IT

DEFINES SOCIAL MEDIA PLATFORM IN THE SUBDIVISION. IT PROHIBITS PRINCIPAL

CREDITORS AND THEIR AGENTS WHO ARE USING THE SOCIAL MEDIA PLATFORMS AS

A MEANS TO COLLECT ON A CONSUMER DEBT.

ACTING SPEAKER EACHUS: MR. MIKULIN.

MR. MIKULIN: WILL THE SPONSOR YIELD?

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NYS ASSEMBLY JUNE 4, 2024

ACTING SPEAKER EACHUS: WILL THE SPONSOR

YIELD?

MS. BICHOTTE HERMELYN: YES.

ACTING SPEAKER EACHUS: SHE YIELDS.

MR. MIKULIN: A FEW QUICK QUESTIONS. WHY ARE WE

DOING THIS? IS THIS A -- IS THIS AN ISSUE THAT WE HAVE DISCOVERED OR ANY

EXAMPLE?

MS. BICHOTTE HERMELYN: YES. SO THE INTERNET

HAS MADE IT POSSIBLE TO INTERACT WITH PEOPLE IN WAYS THEY WERE

PREVIOUSLY UNIMAGINABLE, WHILE THE BENEFITS OF TECHNOLOGY AND THE

INTERNET ARE NUMEROUS. SEVERAL NEWS REPORT [SIC] HAVE REVEALED THAT

DEBT COLLECTORS USE SOCIAL MEDIA WEBSITES AS A MEAN TO COMMUNICATE

WITH DEBTORS AND TO TRY TO COLLECT ON DEBT. SO THIS IS LIKE A FORM OF

INVASION OF PERSONAL PRIVACY AND WE SHOULD NOT ALLOW THAT IN NEW

YORK.

MR. MIKULIN: WELL, HOW ABOUT IF LET'S SAY THEY ARE

-- THEY RECEIVE A MESSAGE FROM -- FROM SOMEBODY VIA FACEBOOK

MESSENGER.

MS. BICHOTTE HERMELYN: CAN YOU SAY THAT

AGAIN, PLEASE?

MR. MIKULIN: LET'S SAY IF THE CREDITOR USES

FACEBOOK MESSENGER TO CONTACT THE PERSON THAT'S IN DEBT.

MS. BICHOTTE HERMELYN: YEAH. SO THE --

MR. MIKULIN: WOULD THAT BE ALLOWED?

MS. BICHOTTE HERMELYN: SO THIS WOULD

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NYS ASSEMBLY JUNE 4, 2024

PROHIBIT THAT, YES.

MR. MIKULIN: SO THIS WOULD PROHIBIT THAT.

MS. BICHOTTE HERMELYN: RIGHT. SO WE'RE

ADDING A SUBDIVISION THAT WOULD PROHIBIT DEBT COLLECTORS FROM USING

LIKE A FACEBOOK, AN INSTAGRAM.

MR. MIKULIN: EVEN THOUGH THAT COMMUNICATION IS

PRIVATE, THIS WOULD PROHIBIT THAT.

MS. BICHOTTE HERMELYN: WELL, IT'S NOT

NECESSARILY PRIVATE. I MEAN YOU HAVE AN E-MAIL PLATFORM THAT YOU CAN

USE FOR THAT AND IT STILL ALLOWS THE DEBT COLLECTOR TO USE E-MAILS, SO

WE'RE NOT TAKING THAT AWAY. BUT, YOU KNOW, TYPICALLY WHEN YOU'RE

USING SOCIAL MEDIA, YOU KNOW, IT'S THERE TO KIND OF LOOK AT THE NEWS, OR

TO KIND OF SHARE PICTURES AND -- AND SOME OF YOUR LIFE EVENTS WITH YOUR

CLOSE FRIENDS AND FAMILIES AND, YOU KNOW, WE JUST DON'T WANT TO USE

THAT PLATFORM TO GET HARASSED, YOU KNOW, BY DEBT COLLECTORS.

MR. MIKULIN: WHAT IF THE PERSON THAT'S IN DEBT

MOVES? THEY CHANGE THEIR PHONE NUMBER, THEY HAVE A NEW ADDRESS.

THIS IS THE ONLY WAY FOR THE PERSON WHO IS COLLECTING THE FEE TO GET IN

CONTACT WITH THEM.

MS. BICHOTTE HERMELYN: WELL, THERE'S WAYS

OF FINDING OUT WHERE THE PERSON MOVED TO. I MEAN IF IT'S A MOVE, YOU

KNOW, THEIR MAIL WILL BE FORWARDED TO THE NEW PLACE OF HOME --

MR. MULKIN: BUT NOT ALWAYS.

MS. BICHOTTE HERMELYN: NOT ALWAYS BUT

MOST OF THE TIME. I MEAN THERE'S WAYS TO LOOK AND FIND PEOPLE. I MEAN

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USUALLY WHEN YOU MOVE, YOUR E-MAIL DOESN'T MOVE, RIGHT? SO YOUR

E-MAIL IS WITH YOU WHEREVER YOU ARE.

MR. MIKULIN: YEAH, BUT THAT DOESN'T MEAN THAT

THEY CAN TRACK WHERE YOU ARE IN YOUR E-MAIL, I MEAN.

MS. BICHOTTE HERMELYN: I MEAN, BUT THAT'S

WHY WE'RE KEEPING E-MAIL AS STILL A PLATFORM TO STILL COMMUNICATE WITH

FOLKS.

MR. MIKULIN: NOW ARE THERE ALREADY REGULATIONS

THAT NEW YORK THAT HAS TO DEAL WITH ELECTRONIC MAIL?

MS. BICHOTTE HERMELYN: HOW THEY -- I'M

SORRY?

MR. MIKULIN: ARE THERE ALREADY REGULATIONS WITHIN

NEW YORK THAT HAS TO DEAL WITH THIS?

MS. BICHOTTE HERMELYN: THERE'S REGULATIONS

BUT THIS IS SPECIFICALLY FOR SOCIAL MEDIA. THERE'S NO SPECIFIC

SUBDIVISION THAT DEFINES THE SOCIAL MEDIA PLATFORM.

ACTING SPEAKER EACHUS: MR. MIKULIN, SORRY

FOR THE INTRO -- INTERRUPTION.

MRS. PEOPLES-STOKES FOR AN ANNOUNCEMENT.

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

YOU PLEASE ASK THE RULES COMMITTEE TO GO IMMEDIATELY TO THE

SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER EACHUS: RULES COMMITTEE TO

THE SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

I'M SORRY. GO AHEAD.

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NYS ASSEMBLY JUNE 4, 2024

MR. MIKULIN: PERFECTLY ALL RIGHT. SO LOOKING BACK

TO -- HOW DOES THIS CONFLICT WITH FEDERAL LAW?

MS. BICHOTTE HERMELYN: HOW DOES IT --

MR. MIKULIN: DOES THIS CONFLICT WITH FEDERAL LAW?

MS. BICHOTTE HERMELYN: NO, IT DOESN'T. WE

WOULD -- WE WOULD NOT WRITE BILLS THAT CONFLICT WITH FEDERAL LAW.

MR. MIKULIN: BECAUSE WITHIN THE FEDERAL LAW,

ISN'T A DEBT COLLECTOR ALLOWED TO USE SOCIAL MEDIA PLATFORMS?

MS. BICHOTTE HERMELYN: RIGHT, BUT THE STATE

LAW RESERVES THE RIGHT TO WRITE LAWS THAT WILL PROHIBIT SOME OF THE

THINGS THAT THE FEDERAL LAW HAS. AND IT'S LAWS, SO NOT EVERYTHING IS

CODIFIED --

MR. MIKULIN: IT THIS IN CONFLICT, THOUGH, WITH THE

FEDERAL LAW?

MS. BICHOTTE HERMELYN: IT'S NOT IN CONFLICT. I

MEAN IN STATE LAW WE'RE MAKING IT MORE STRICT. SO FEDERAL LAW ALLOWS

WHEN STATE USE STRICTER LAWS TO PROTECT CONSUMERS.

MR. MIKULIN: THANK YOU SO VERY MUCH.

ON THE BILL.

ACTING SPEAKER EACHUS: ON THE BILL, MR.

MIKULIN.

MR. MIKULIN: THIS LEGISLATION IS PRECARIOUS

BECAUSE OF THE FEDERAL LAW WITH THE FAIR DEBT COLLECTION PRACTICES

ACT. I DO BELIEVE THAT THIS CAN CONFLICT WITH THAT. ALSO, I DO BELIEVE

THAT WHEN, YOU KNOW, WHEN A CREDITOR HAS THE ONLY OPTION OF

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NYS ASSEMBLY JUNE 4, 2024

CONTACTING VIA A SOCIAL MEDIA PLATFORM LIKE FACEBOOK MESSENGER OR

ANY OTHER THAT THEY SHOULD BE ALLOWED TO DO SO, ESPECIALLY BECAUSE

THAT'S PRIVATE AND DUE TO THAT I WILL BE IN THE NEGATIVE.

ACTING SPEAKER EACHUS: MR. BLUMENCRANZ.

MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER.

WILL THE SPONSOR YIELD, PLEASE?

ACTING SPEAKER EACHUS: WILL THE SPONSOR

YIELD?

MS. BICHOTTE HERMELYN: YES.

ACTING SPEAKER EACHUS: SHE YIELDS.

MR. BLUMENCRANZ: THANK YOU. SO I SEE THIS IS

A -- THE INPRINT WAS -- YOU ARE ALLOWED TO USE E-MAIL AGAIN NOW --

MS. BICHOTTE HERMELYN: YES, YES.

MR. BLUMENCRANZ: -- AND YOU ARE ALLOWED TO

USE TEXT MESSAGING AGAIN NOW, CORRECT?

MS. BICHOTTE HERMELYN: YOU ARE ALLOWED TO

USE E-MAIL, YES.

MR. BLUMENCRANZ: AND TEXT MESSAGE? YOU

CAN TEXT SOMEONE?

MS. BICHOTTE HERMELYN: YOU CAN TEXT.

MR. BLUMENCRANZ: OKAY.

MS. BICHOTTE HERMELYN: ALTHOUGH, I -- I -- I

WOULD PREFER TO ALSO INCLUDE THAT AS WELL, BUT AS THIS BILL DOES NOT

INCLUDE TEXT.

MR. BLUMENCRANZ: YES. I THINK IN REFERENCE TO

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NYS ASSEMBLY JUNE 4, 2024

THE ARGUMENT MY COLLEAGUE WAS MAKING. BUT I AM CURIOUS, CERTAIN

PLATFORMS SUCH AS TELEGRAM OR WHATSAPP ARE VERY POPULAR OR ONLY --

OR SOMETIMES THE SOLE WAY IN WHICH PARTICULAR INDIVIDUALS, ESPECIALLY

THOSE WHO ARE NEW TO THIS COUNTRY, USE AS THEIR MESSAGING PLATFORM.

BUT IT COULD ALSO BE CONSIDERED AS SOCIAL MEDIA PLATFORM IF I WANTED TO

USE WHATSAPP TO TRY AND COLLECT A DEBT OWED. IS THAT STILL ALLOWED?

MS. BICHOTTE HERMELYN: THAT'S A VERY GOOD

QUESTION AND YOU'RE RIGHT, MANY PEOPLE USE WHATSAPP AS A FORM OF

COMMUNICATION. AND IF IT'S ANOTHER WAY OF PEOPLE SHARING NEWS AND

SHARING LIFE EVENTS AND PICTURES, THEN WHATSAPP WILL PROBABLY BE

INCLUDED UNDER THE UMBRELLA OF SOCIAL MEDIA.

MR. BLUMENCRANZ: OKAY. SO TO CLARIFY THEN, I

CANNOT USE WHATSAPP UNDER THE GUISE OF THIS BILL, THAT WOULD BE

CONSIDERED SOCIAL MEDIA?

MS. BICHOTTE HERMELYN: IT CAN BE ARGUED

EITHER WAY BECAUSE WHATSAPP IS BY PHONE NUMBER, SO YOU CAN TEXT.

YOU CAN CERTAINLY TEXT, BUT YOU MAY NOT BE ABLE TO USE WHATSAPP. IT

DEPENDS ON HOW WHATSAPP IS -- IS DEFINED.

MR. BLUMENCRANZ: YEAH, I STRUGGLE WITH THE

SLIPPERY SLOPE HERE BECAUSE THE SAME CAN BE SAID ABOUT MESSENGER

WHICH A SUB APP OF FACEBOOK, RIGHT, AND THAT IS OFTEN ALSO USED AS A

SOLE PHONE NUMBER LINKED APPLICATION BUT IT'S STILL ON --

MS. BICHOTTE HERMELYN: YEAH, BUT IT'S NOT

STRAIGHT DIRECTLY OUT OF -- LIKE FACEBOOK, INSTAGRAM, OTHER SOCIAL MEDIA,

YOU CAN LINK YOUR PHONE NUMBER, BUT YOU DON'T NECESSARILY -- YOU

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NYS ASSEMBLY JUNE 4, 2024

KNOW, THAT'S NOT THE PRIMARY PLATFORM. YOU KNOW, YOUR COMPUTER --

MR. BLUMENCRANZ: DO YOU DEFINE THAT IN THE

BILL, THE DEFINITION OF A SOCIAL MEDIA PLATFORM?

MS. BICHOTTE HERMELYN: YES. IT'S DEFINED IN

THE BILL.

MR. BLUEMCRANZ: CAN YOU JUST READ THAT

DEFINITION FOR ME?

MS. BICHOTTE HERMELYN: YES. IT IS -- SO IT'S

AN INTERNET-BASED SERVICE OR APPLICATION THAT NEEDS TO FOLLOW THE

CRITERIA. A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS TO

CONNECT USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH

OTHER WITHIN THE SERVICE OR APPLICATION. THE SERVICE OR APPLICATION

ALLOWS INDIVIDUALS TO CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE FOR

PURPOSES OF SIGNING UP AND USING THE SERVICE FOR APPLICATION, CREATE A

LIST OF OTHER USERS WITH WHOM THEY SHARE A CONNECTION WITHIN THE

SYSTEM AND CREATE A POST CONTENT VIEWABLE OR AUDIBLE BY OTHER USERS.

MR. BLUMENCRANZ: OKAY. YOU SEE WHERE MY

-- MY ISSUE WITH THE FACT THAT MANY PLATFORMS THAT ARE PHONE CONNECTED

AND SOLE FORMS OF COMMUNICATION WITH SOME OF THESE INDIVIDUALS

COULD VERY WELL BE DEFINED AS SOCIAL MEDIA PLATFORMS. AGAIN,

ESPECIALLY WITH CERTAIN COMMUNITIES, WHATSAPP IS A PRIMARY OR SOLE

FORM OF COMMUNICATION AND CONSIDERED LIKE THEIR CELL PHONE NUMBER

OR TEXTING BECAUSE THEY DON'T, YOU KNOW, HAVE A PLAN TO DO OTHERWISE

(INAUDIBLE) INTERNET. I JUST WANT TO MAKE SURE FOR, YOU KNOW,

LEGISLATIVE INTENT HERE THAT YOU WERE INTENDING TO BLOCK APPLICATIONS

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NYS ASSEMBLY JUNE 4, 2024

LIKE WHATSAPP, CORRECT?

MS. BICHOTTE HERMELYN: RIGHT. SO

APPLICATIONS ARE NOT -- APPLICATIONS ARE DIFFERENT. THEY'RE NOT LIKE

PHONE -- IT'S NOT A PHONE USER SERVICE THAT COMES WITH A PHONE LINE. SO

IF YOU HAVE YOUR VERIZON AND YOUR SPRINT --

MR. BLUMENCRANZ: SO YOU'RE SAYING I HAVE TO

PHYSICALLY DIAL THE NUMBER FOR IT TO BE PHONE OR TEXT, RIGHT?

MS. BICHOTTE HERMELYN: IT COMES WITH -- IT

COMES WITH YOUR -- YOUR PHONE, YOUR TELECOMMUNICATION SERVICE

PROVIDER. SO I WOULD SAY I WOULD WANT TO DIFFERENTIATE THAT.

MR. BLUMENCRANZ: SO IF I'M USING A THIRD-PARTY

APP TO COMMUNICATE I GUESS COLLOQUIALLY VIA TEXT, BUT IT IS A VIA SOCIAL

MEDIA PLATFORM, I'M NO LONGER ALLOWED TO USE THAT AS A SOLICITOR TO

COLLECT THIS -- THIS DEBT.

MS. BICHOTTE HERMELYN: IF IT'S DEFINED WITH

IT, RIGHT. IF IT FALLS INTO THIS DEFINITION OF SOCIAL MEDIA, YES. AND MOST

APPS WOULD PROBABLY FALL IN THAT SOCIAL MEDIA.

MR. BLUMENCRANZ: AND IS SOCIAL MEDIA DEFINED

DIFFERENTLY IN THE LAW IN OTHER -- OTHER PIECES OF LEGISLATION OR THIS IS

THE SAME DEFINITION OF SOCIAL MEDIA PLATFORM?

MS. BICHOTTE HERMELYN: THIS IS THE SAME

DEFINITION, RIGHT?

(PAUSE)

MR. BLUMENCRANZ: IT IS.

MS. BICHOTTE HERMELYN: I BELIEVE IT IS.

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NYS ASSEMBLY JUNE 4, 2024

MR. BLUMENCRANZ: OKAY, ALL RIGHT. YOU ALSO

MENTION PROHIBITS THE CONTACTING OF PEOPLE AT UNUSUAL TIMES OR PLACES.

SO HOW DO YOU DEFINE THAT IN THE BILL, AN UNUSUAL TIME OR PLACE?

(PAUSE)

MS. BICHOTTE HERMELYN: UNUSUAL TIME OR

PLACE?

MR. BLUMENCRANZ: YEAH. IT COULD'VE BEEN IN

THE A PRINT. I MIGHT BE LOOKING AT AN OLD PIECE OF INFORMATION BUT...

MS. BICHOTTE HERMELYN: LET'S SEE.

(PAUSE)

I DON'T SEE THAT.

MR. BLUMENCRANZ: OKAY. THAT COULD'VE BEEN

REMOVED.

MS. BICHOTTE HERMELYN: YEAH, MAYBE IT WAS

A LITTLE AMENDED.

MR. BLUMENCRANZ: YEAH. OKAY. SO JUST A FEW

MORE QUESTIONS. WHAT HAPPENS IF SOMEONE IS USING A THIRD-PARTY

COLLECTOR OR IF SOMEONE IS -- SO FIRST WITH THE THIRD-PARTY, THEY WOULD

ALWAYS BE LISTED UNDER AS QUALIFIED UNDER THIS PIECE OF LEGISLATION, BUT

LET'S SAY I'M A DOCTOR'S OFFICE SOLICITING A BILL TO BE PAID, RIGHT. I MIGHT

NOT NECESSARILY BE IN THE DEBT COLLECTION PHASE, BUT I'M STILL LOOKING TO

FIND SOMEONE WHO CAME IN FOR SERVICES, HAS NOT PAID. I HAVEN'T SPOKE

TO A DEBT COLLECTOR YET, BUT I LOOK ON SOCIAL MEDIA TO SEE OH, THIS IS THIS

INDIVIDUAL CONNECTING NAMES, INFORMATION. CAN I STILL USE IT AS AN

INFORMATION GATHERING TOOL IN DEBT COLLECTION?

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NYS ASSEMBLY JUNE 4, 2024

MS. BICHOTTE HERMELYN: WELL, YOU MIGHT. IT

DEPENDS ON THE DEFINITION OF DEBT COLLECTOR. SO I DON'T KNOW IF THE

DOCTOR'S OFFICE WOULD BE CONSIDERED A DEBT COLLECTOR.

MR. BLUMENCRANZ: DO YOU DEFINE DEBT

COLLECTOR IN THIS PIECE OF LEGISLATION?

MS. BICHOTTE HERMELYN: IT'S DEFINED -- IT'S

REFERRED TO SOMEWHERE.

(PAUSE)

DEBT COLLECTOR IS DEFINED IN THE GENERAL BUSINESS. I

DON'T HAVE IT HERE IN FRONT OF ME BUT, YES.

MR. BLUMENCRANZ: OKAY. ALL RIGHT. THANK

YOU VERY MUCH. THAT'S ALL MY QUESTIONS.

MS. BICHOTTE HERMELYN: MM-HMM.

ACTING SPEAKER EACHUS: MS. BICHOTTE

HERMELYN.

MS. BICHOTTE HERMELYN: YES, ON THE BILL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER EACHUS: ON THE BILL.

MS. BICHOTTE HERMELYN: THANK YOU. THIS

BILL WHICH PROHIBITS THE USE OF SOCIAL MEDIA WEBSITE FOR THE PURPOSE OF

DEBT COLLECTION IS A VERY GOOD BILL. WE ALREADY HAVE DEBT COLLECTION

LAWS IN PLACE THAT SERVE AS SAFEGUARDS TO PROTECT NEW YORKERS FROM

HARASSMENT, MISINFORMATION AND BAD ACTORS. THESE LAWS ARE MEANT TO

STOP DEBT COLLECTORS FROM DECEIVING AND DEFRAUDING NEW YORKERS

LEGALLY ONEROUS INTEREST RATES AND OUTRIGHT SCAMS TO COLLECT MONEY THAT

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ISN'T EVEN OWED. HOWEVER, IN THE AGE OF SOCIAL MEDIA, OUR ANTIQUATED

DEBT COLLECTION LAWS AREN'T DELIVERING FOR NEW YORKERS. SOCIAL MEDIA

BY ITS NATURE IS SOCIAL. IT'S A SPACE WHERE WE CONNECT WITH FRIENDS AND

FAMILY, SHARE OUR LIVES AND BUILD COMMUNITIES ALLOWING DEBT COLLECTORS

TO INVADE THE SPACE UNDERMINES ITS VERY PURPOSE. RIGHT NOW DEBT

COLLECTORS ARE ALLOWED TO COLLECT DEBT USING SOCIAL MEDIA PLATFORM WITH

LITTLE RESTRICTION. ON INSTAGRAM, FOR EXAMPLE, A DEBT COLLECTOR COULD

TARGET ANYONE IN A PRIVATE MESSAGE. THIS PRESENTS A HUGE RISK BECAUSE

MANY OF US DON'T USE OUR REAL NAMES ON SOCIAL MEDIA. IN THE AGE OF

PHISHING, THIS COULD EASILY CONFUSE LESS TECH-SAVVY NEW YORKERS, DEBT

COULD EASILY BE COLLECTED FROM THE WRONG PERSON AND THERE ARE MANY

CASES OF SCAMMERS AND FRAUDSTERS PREYING ON ANYONE WITH A SIMILAR

NAME. INSTAGRAM ALONE HAS 169 MILLION USERS IN THE U.S. MR. SPEAKER,

THERE ARE COUNTLESS ACCOUNTS THAT GO BY CARL H, JUST TO GIVE AN

EXAMPLE. WE ALSO HAVE EXISTING PROTECTIONS PREVENTING HARASSMENT

FROM DEBT COLLECTORS PREYING ON THE VULNERABLE; YET, THESE PROTECTIONS

ARE UNDERMINED WHEN DEBT COLLECTORS USE SOCIAL MEDIA TO REACH OUT TO

INDIVIDUALS. SOCIAL MEDIA SHOULD REMAIN A SPACE FOR PERSONAL AND

SOCIAL INTERACTIONS, NOT A PLATFORM FOR DEBT COLLECTION. DEBT COLLECTORS

SHOULD USE FORMAL, MORE ESTABLISHED MODES OF COMMUNICATION THAT

THEY HAVE USED FOR DECADES SUCH AS MAIL OR OFFICIAL E-MAILS WHICH

PROVIDE A CLEAR AND DOCUMENTED TRAIL. BY ALLOWING DEBT COLLECTORS TO

SEND THREATENING MESSAGES THROUGH SOCIAL MEDIA, WE EXPOSE NEW

YORKERS TO A POTENTIAL OF ABUSE AND HARASSMENT. AND AS THE ASSEMBLY

MAJORITY WHIP, I HAVE COSPONSORED THIS BILL TO ENSURE ALL NEW

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YORKERS, ESPECIALLY OUR MOST VULNERABLE LIKE THOSE IN FINANCIAL

TROUBLES OR OUR SENIORS ARE PROTECTED. THANK YOU, MR. SPEAKER.

ACTING SPEAKER EACHUS: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER EACHUS: ON THE BILL.

MR. GOODELL: WHAT SEEMS TO BE LOST IN THIS

DISCUSSION IS IF YOU BORROW MONEY YOU OUGHT TO PAY IT BACK. I MEAN IF

YOU'RE BORROWING MONEY YOU HAVE A -- PARTICULARLY A CONTRACTUAL AND I

WOULD SAY A MORAL OBLIGATION TO PAY IT BACK. NOW THERE'S EXCEPTIONS

THERE, OF COURSE. THAT'S WHY WE HAVE BANKRUPTCY AND WE HAVE BETTER

PROTECTIONS. BUT IF YOU BUY A PRODUCT ON AN INSTALLMENT PLAN, YOU

OUGHT TO MAKE THE INSTALLMENTS IF YOU CAN. AND IF YOU BORROW MONEY

FROM A BANK, YOU OUGHT TO MAKE THE PAYMENTS ON THE BANK. IF YOU

BORROW MONEY ON A CREDIT CARD, YOU OUGHT TO MAKE THOSE PAYMENTS.

AND WHEN YOU DON'T, THE MONEY THAT WAS BORROWED BY YOU SHOULD BE

SUBJECT TO COLLECTION. HERE'S THE PROBLEM THAT COMES ABOUT. WE WANT

TO PROTECT THE DEBTOR'S IDENTITY, WE WANT TO PROTECT THEM FROM

HARASSMENT, WE WANT TO PROTECT THEM FROM FRAUDULENT MEANS AND

COLLECTION AND WE DO. NEW YORK HAS VERY COMPREHENSIVE RESTRICTIONS

ON WHAT CAN BE DONE BY A DEBT COLLECTOR TO PREVENT HARASSMENT, BUT

WE'RE NOT ALONE. THE FEDERAL GOVERNMENT ALSO HAS DETAILED AN

EXTENSIVE RESTRICTIONS ON WHAT CAN BE DONE TO PREVENT UNFAIR OR

INAPPROPRIATE ACTION. SO WHAT'S THIS BILL SAY? THIS BILL SAYS THAT EVEN

IF YOU CAN COMMUNICATE WITH SOMEBODY IN A PRIVATE MANNER LIKE ON

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FACEBOOK MESSAGE [SIC], IT CAN'T DO IT. NOW WHY WOULD A DEBT

COLLECTOR WANT TO USE FACEBOOK? WELL, I'LL GIVE YOU SOME SIMPLE

EXAMPLES. BECAUSE THE DEBTOR DOESN'T WANT YOU TO CONTACT THEM AT ALL.

AND SO WHAT THEY DO IS THEY CHANGE THEIR PHONE NUMBER, THEY CHANGE

THEIR ADDRESS, THEY CHANGE THEIR E-MAIL, ALL OF WHICH IS VERY SIMPLE TO

DO. THEY DON'T TELL YOU A FORWARDING ADDRESS, AND THE ONLY WAY A DEBT

COLLECTOR CAN FIND OUT WHERE THEY ARE IS THEY LOOK ON THEIR SOCIAL

MEDIA. BECAUSE EVEN THOUGH THEY'RE HIDING FROM THE DEBT COLLECTOR,

THEY'RE NOT HIDING FROM THEIR FRIENDS. AND SO THE DEBT COLLECTOR LOOKS

ON FACEBOOK AND SAYS HEY, THIS IS THE PERSON, THAT'S THEIR DATA, I'LL SEND

THEM A PRIVATE MESSAGE. THIS BILL WOULD PROHIBIT A PRIVATE MESSAGE

LEAVING IT TO THE DEBT COLLECTOR TO TRY TO FIGURE OUT HOW TO GET A HOLD OF

A PERSON WHO IS TRYING TO HIDE. AND THAT'S NOT APPROPRIATE.

NOW THERE'S ANOTHER ASPECT OF DEBT COLLECTION THAT

SOMETIMES WE FORGET ABOUT AND THAT IS SOMETIMES THE FAILURE TO PAY

YOUR DEBT HAS CONSEQUENCES THAT ARE BAD FOR THE CONSUMER. FOR

EXAMPLE, THE DEBT COLLECTOR MIGHT FORECLOSE ON YOUR CAR LOAN AND THEN

HE ASKS SOMEBODY TO GO AROUND AND LOOK FOR YOUR CAR AND PICK IT UP

AND IN THE MIDDLE OF THE NIGHT YOU WAKE UP THE NEXT MORNING AND

THERE'S NO CAR. A DEBT COLLECTOR WHO IS NOT BEING PAID NOTIFIES THE

CREDIT BUREAU AND THEN THE NEXT TIME YOU WANT TO BORROW FROM

SOMEBODY ELSE THE CREDIT REPORT COMES UP AND SAYS YOU DIDN'T PAY THE

LAST GUY, BUT SOMETIMES YOUR INSURANCE POLICY MIGHT BE TERMINATED

BECAUSE YOU'RE NOT MAKING THE INSTALLMENT PAYMENT. AND THEN IF

YOU'RE DRIVING YOUR CAR NOT REALIZING YOUR INSURANCE HAS BEEN

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TERMINATED, YOU'RE FACING A VERY SERIOUS CHARGE. OR YOUR LEASE MIGHT

BE TERMINATED IF YOU'RE NOT MAKING YOUR MONTHLY PAYMENTS. SO WE

SHOULD BE FACILITATING CONFIDENTIAL COMMUNICATION BETWEEN DEBTORS

AND CREDITORS. WE SHOULD BE FACILITATING AND ENCOURAGING PEOPLE TO BE

RESPONSIBLE, PERSONALLY RESPONSIBLE FOR THEIR DEBTS. IN SO DOING, THEIR

CREDIT SCORE WILL BE HIGHER, EVERYONE'S INTEREST RATE WILL BE LOWER AND

WE WILL OPERATE IN A MUCH SMOOTHER MANNER IN NEW YORK STATE. AND

UNFORTUNATELY THIS BILL IS TOO BROAD BECAUSE IT WOULD PROHIBIT

CONFIDENTIAL COMMUNICATIONS ON SUCH PLATFORMS AS FACEBOOK USING

PRIVATE MESSAGE OPTIONS. AND FOR THAT REASON I WON'T BE ABLE TO

SUPPORT IT. 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. FOR THE REASONS

MENTIONED BY MY COLLEAGUES, THE REPUBLICAN CONFERENCE IS GENERALLY

OPPOSED TO THIS. THOSE WHO SUPPORT IT SHOULD CERTAINLY VOTE YES ON THE

FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

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

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NYS ASSEMBLY JUNE 4, 2024

AN EXCEPTION, THEY SHOULD FEEL FREE TO DO SO. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. LUNSFORD TO EXPLAIN HER VOTE.

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

TO COMMEND THE SPONSOR OF THIS BILL BECAUSE I THINK THAT SOMETHING WE

DIDN'T QUITE GET AT IN THE DEBATE HERE IS THE VALUE THIS BILL WILL HAVE IN

PREVENTING FRAUD. I HAVE FAMILY MEMBERS WHO HAVE BEEN SOLICITED IN

DIRECT MESSAGE THROUGH FACEBOOK, THROUGH INSTAGRAM, BY PEOPLE

POSING AS CREDITORS, POSING AS THE IRS, POSING AS BANKS, TRYING TO GET

THEIR PERSONAL INFORMATION, PHISHING FOR IDENTIFYING INFORMATION. ONE

OF THEM WENT SO FAR IN THIS PROCESS THAT I, AS SOMEONE WHO KNEW THEM,

GOT SOLICITED AND IT WAS ONLY AFTER I STARTED ASKING SOME VERY POIGNANT

QUESTIONS THAT THE POTENTIAL SCAMMER BACKED OFF. IF I COULD TELL SENIORS

IN MY DISTRICT NO ONE IS ALLOWED TO CONTACT YOU THROUGH THIS MEANS, I

FEEL LIKE IT WOULD REALLY SIMPLIFY WHAT COULD BE A COMPLEX AND

CONFUSING ISSUE FOR PEOPLE THAT'S LEADING MANY, MANY OF OUR MORE

VULNERABLE NEW YORKERS TO BE SCAMMED.

SO I COMMEND THE SPONSOR. I THINK THIS IS AN

EXCELLENT BILL AND I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

TO EXPLAIN HER VOTE.

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

ALL, I WANT TO COMMEND THE SPONSOR FOR INTRODUCING THIS PIECE OF

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LEGISLATION AND BRINGING IT TO THE FLOOR BECAUSE HONESTLY, THERE ARE

SOMETIMES WE WANT TO LOOK AT THE PEOPLE WHO ARE IN DEBT AS SOMEBODY

WHO IS TRYING TO RUN FROM THEIR DEBT. MANY TIMES AND MOST TIMES THAT

IS NOT THE CASE. IN FACT, THERE ARE PEOPLE WHO ARE SCAMMING THEM TO

TAKE ADVANTAGE OF WHAT THEY HAVE, AND UNBEKNOWNST TO A LOT OF PEOPLE

THERE ARE TONS OF SENIOR CITIZENS WHO USE FACEBOOK ALL THE TIME AND

THEY ARE BEING ABUSED ON A REGULAR BASIS THROUGH THESE MEANS. AND SO

I THINK AT SOME POINT PROBABLY TEN YEARS AGO WE SHOULD'VE LOOKED AT

THIS TECHNOLOGY AS IT WAS ENSUING TO FIGURE OUT HOW TO NOT ALLOW

SCAMMERS TO TAKE ADVANTAGE OF PEOPLE BUT WE DIDN'T DO THAT. SO NOW

WE HAVE TO GO BACKWARDS AND FIGURE OUT HOW DO IT, SO IT'S TIME. AND

SO I'M PLEASED TO VOTE IN FAVOR OF THIS AND THANK THE SPONSOR FOR

INTRODUCING IT.

ACTING SPEAKER AUBRY: THANK YOU. MS.

LUNSFORD AND MRS. PEOPLES-STOKES IN THE AFFIRMATIVE.

MR. DIPIETRO TO EXPLAIN HIS VOTE.

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

I HAVE A GOOD FRIEND WHO'S IN DEBT COLLECTION, OWNS A DEBT COLLECTION

COMPANY AND I'VE TALKED TO HIM OVER THE YEARS ABOUT THIS. THEY ARE

VERY TRAINED ON HARASSMENT ISSUES. THEY HAVE -- THEY CAN IN NO WAY

HARASS ANYONE ON THE PHONE WHEN THEY'RE COLLECTING A DEBT. THEY TRY

TO WORK WITH THE PERSON. IF AFTER TWO CALLS THEY STOP CALLING. THERE'S

DIFFERENT WAYS FOR THESE DEBT COLLECTORS. SO WHEN YOU MAKE IT SOUND --

WHEN THEY TRY TO MAKE IT SOUND LIKE THESE DEBT COLLECTORS ARE

SCAMMING PEOPLE, THERE MIGHT BE ONE BUT JUST LIKE IN ANYTHING. LOOK,

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WHEN WE TALK ABOUT FACEBOOK, YOU CAN BLOCK ANYBODY, SAME WITH

TWITTER, SAME WITH X, IF YOU DON'T WANT SOMEBODY -- YOU GET A BAD -- I

GET THEM ALL THE TIME, I GET TEXTS EVERYDAY ON MY PHONE AND I HIT THE

STOP BUTTON OR I OPT OUT OR I DELETE, I REPORT JUNK. YOU CAN -- EVERYONE

CAN DO THAT. TO MAKE IT SOUND AS IF WE'RE SO HELPLESS THAT WE FALL PREY

TO THESE PEOPLE AND WE HAVE NO RECOURSE IS RIDICULOUS. YOU HAVE ALL

SORTS OF MEANS. AND WHEN YOU TALK ABOUT FACEBOOK, YOU'RE TALKING

ABOUT GEE, DID WE JUST FORGET THAT FACEBOOK HAS BEEN CENSORING PEOPLE

FOR THE LAST FIVE YEARS ON THEIR POLITICAL VIEWS, SO NOW WE STICK UP FOR

FACEBOOK? GIVE ME A BREAK. THE FACT IS, ESPECIALLY WITH STUDENTS

LOANS, PAY YOUR LOAN, I DID AND I HAVE NO SYMPATHY FOR THOSE WHO DON'T

PAY YOUR STUDENT LOANS WHEN I'VE GOT HARD WORKING PEOPLE IN MY

DISTRICT THAT DIDN'T GO TO COLLEGE AND NOW THEY'RE BEING ASKED TO PAY FOR

THEIR -- FOR OTHER PEOPLE STUDENT LOANS BY THE GOVERNMENT IF THAT EVER

COMES TO FRUITION. I DON'T BELIEVE IN IT AND I'LL BE VOTING AGAINST THIS

BILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. DIPIETRO IN THE

NEGATIVE.

MR. NOVAKAHOV TO EXPLAIN HIS VOTE.

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

PROBLEM IS THAT THE SCAMMERS ARE NOT FOLLOWING THE RULES CREATED BY

THIS BODY. SAME AS THE DRIVERS ARE NOT FOLLOWING THE RULES THE DRIVERS

THAT DRIVE, I DON'T KNOW 50, 60, 90 MILES AN HOUR WITH A FAKE LICENSE

PLATE OR NO LICENSE PLATE, THEY DON'T PAY THE FINES FOR THE RED LIGHT OR

THE SPEEDING CAMERAS, IT'S THE REGULAR PEOPLE. SAME THING HERE. SO

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THIS LEGISLATION IS -- IF WE'RE TALKING ABOUT SCAMMERS AND I HATE

SCAMMERS, SAME AS EVERYBODY DOES, RIGHT. WE ARE NOT PROTECTED -- BY

THIS LEGISLATION WE'RE NOT PROTECTING THE SOCIAL MEDIA USERS FROM

SCAMMERS, BUT WE'RE CLOSING THE DOORS FOR THE LEGAL DEBT COLLECTORS AND

COLLECTION COMPANIES TO COLLECT THE DEBT. AND FOR THIS REASON

UNFORTUNATELY -- I UNDERSTAND THE GOOD INTENT OF THE SPONSOR, BUT

UNFORTUNATELY I WON'T BE ABLE TO SUPPORT THIS LEGISLATION. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. NOVAKAHOV IN

THE NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 10, RULES REPORT NO. 146, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. S07503-B, RULES

REPORT NO. 146, SENATOR CLEARE (ZINERMAN, AUBRY, HYNDMAN, OTIS,

LEE, WEPRIN -- A1910B). AN ACT TO AMEND THE GENERAL BUSINESS LAW,

IN RELATION TO REQUIRING RETAILERS OF MICRO MOBILITY DEVICES, BICYCLES

WITH ELECTRIC ASSIST AND LIMITED USE MOTORCYCLES POWERED BY

LITHIUM-ION BATTERIES, AND LITHIUM-ION BATTERIES INTENDED FOR USE IN SUCH

DEVICES OR BICYCLES TO PROVIDE CUSTOMERS WITH AN OPERATING MANUAL.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ZINERMAN.

MS. ZINERMAN: YES. SO THIS IS A SIMPLE SAFETY

BILL. WE ALL ARE AWARE OF THE IMPACTS OF LITHIUM BATTERIES IF THEY ARE

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NOT -- IF THEY ARE NOT CARED FOR AND THIS BILL WOULD SIMPLY REQUIRE

RETAILERS TO PROVIDE AN OPERATION MANUAL IN SEVERAL LANGUAGES TO ENSURE

THAT THE USERS KNOW HOW TO PROPERLY STORE THEM AND CARE FOR THEM

WHILE USING THEM TO POWER THEIR BICYCLES.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. ZINERMAN, WILL

YOU YIELD?

MS. ZINERMAN: YES.

ACTING SPEAKER AUBRY: MS. ZINERMAN WILL

YIELD.

MR. GOODELL: THANK YOU, MS. ZINERMAN. I

UNDERSTAND THE PURPOSE OF YOUR BILL WHICH IS CERTAINLY A LAUDABLE

PURPOSE TO ENCOURAGE THOSE WHO HAVE E-BIKES TO CHARGE THE BATTERIES

PROPERLY AND IDENTIFY WHEN THE BATTERY MIGHT BE MALFUNCTIONING TO

AVOID THOSE VERY VIOLENT FIRES THAT CAN OCCUR, AND I APPRECIATE THAT. I

JUST HAD SOME QUESTIONS, THOUGH, ON THE SCOPE OF THE BILL AND WHAT

HAPPENS IF SOMEBODY DOESN'T COMPLY. SO THE BILL STARTS OUT AND SAYS

NO PERSON, FIRM, CORPORATION, BUSINESS OR ANYTHING ELSE. BUT IT SAYS NO

PERSON SHALL SELL OR OFFER TO SELL RETAIL TO ANY BICYCLES WITH ELECTRIC

ASSIST UNLESS THEY PROVIDE THE MANUAL. SO AM I CORRECT THAT WHEN YOU

SAID NO PERSON, YOU MEANT NO ONE? I MEAN NOT A RETAIL, NOT AN

INDIVIDUAL, NOT A BUSINESS, NO PERSON, RIGHT?

MS. ZINERMAN: ANYBODY WHO IS GOING TO SELL THE

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BATTERIES MUST PROVIDE THE OPERATION MANUAL.

MR. GOODELL: OKAY. SO IF I, FOR EXAMPLE, AS AN

INDIVIDUAL BOUGHT AN E-BIKE A COUPLE YEARS AGO AND I NOW WANT TO SELL

IT AND MAYBE I PUT IT UP ON CRAIGSLIST OR FACEBOOK, I WOULD HAVE TO

PROVIDE THE MANUAL IN ORDER TO IT SELL IT, CORRECT?

MS. ZINERMAN: YOU WOULD TAKE THAT MANUAL TO

THE SEAT AND SELL IT, YES.

MR. GOODELL: NOW WHAT IF THE MANUAL THAT I

HAVE IS NOT IN THREE LANGUAGES?

MS. ZINERMAN: I'M SORRY?

MR. GOODELL: BECAUSE THIS BILL REQUIRES THAT THE

MANUAL MUST BE IN THREE LANGUAGES.

MS. ZINERMAN: YES.

MR. GOODELL: WHAT IF MY MANUAL IS ONLY IN

ENGLISH? CAN I STILL SEND IT TO SOMEBODY WHO ONLY SPEAKS ENGLISH OR

MUST I PROVIDE THEM WITH A MANUAL WITH THREE LANGUAGES?

MS. ZINERMAN: IF YOU -- SO MOST OF THE LANGUAGES

THAT -- MOST OPERATION MANUALS NOWADAYS USUALLY COME IN MULTIPLE

LANGUAGES. SO I THINK IT WOULD BE HIGHLY UNLIKELY IN THIS DAY AND AGE

THAT YOU WOULD HAVE AN OPERATION MANUAL THAT DID NOT. BUT IN THE CASE

THAT IT -- THAT IT DID, YOU WOULD BE RESPONSIBLE FOR HANDING OVER THE

MANUAL THAT YOU DID. I WOULD SAY THAT YOU COULD PROBABLY AT THAT POINT

ALSO SUPPLEMENT THAT BY GOING ONLINE AND FINDING INSTRUCTIONS TO

FURTHER SUPPLEMENT IT, BUT I DON'T THINK THAT THAT WOULD BE THE MAJOR

ISSUE HERE. OUR MAJOR CONCERN HERE IS SAVING LIVES. AND AS YOU KNOW

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WE'VE LOST OVER 150 PEOPLE TO E-BIKE FIRES AND WE WANT TO MAKE SURE

THAT EVERYONE WHO USES ONE KNOWS HOW TO USE IT SAFELY AND THAT THEY

COULD RECEIVE THAT IN MULTIPLE LANGUAGES.

MR. GOODELL: NOW YOU MENTIONED 150 LIVES.

THAT'S NATIONWIDE, RIGHT?

MS. ZINERMAN: NO, NO, NO, NO, NO. ACTUALLY, IN

NEW YORK CITY.

MR. GOODELL: OVER WHAT TIME PERIOD?

MS. ZINERMAN: SO I ACTUALLY -- THIS IS FROM 2023.

SO I ACTUALLY INTRODUCED THIS BILL IN 2023, BECAUSE IN 2022 THERE WERE

92 NEW YORK CITY FIRES. AND SO IN 2023 THERE WERE 267 FIRES, 18

DEATHS, MR. GOODELL, 150 INJURIES AND THEN NOW WE'RE ALSO DEALING

WITH THE LOSS OF PROPERTY AS WELL. THERE WAS A FIRE IN THE LOWER EAST

SIDE WHERE TWO YOUTH DIED AND AS YOU KNOW, OUR CITY IS VERY DENSE,

VERY, VERY DENSE AND IF ONE SHOP CATCHES ON FIRE, BECAUSE THESE ARE

VERY FAST BURNING FIRES, THE LIKELIHOOD THAT IT WOULD SPREAD VERY QUICKLY

TO OTHER BUSINESSES AND PUT OTHER SMALL BUSINESSES OUT OF BUSINESS IS

LIKELY, AND SO WE WANT TO MAKE SURE THAT WE PREVENT THESE FIRES FROM

HAPPENING.

MR. GOODELL: NOW, THIS IN ADDITION TO REQUIRING

THAT THE MANUAL BE IN THE THREE MOST COMMON LANGUAGES ALSO HAS A LIST

OF THINGS THAT THE MANUAL HAS TO COVER THAT ARE BATTERY SPECIFIC.

MS. ZINERMAN: MM-HMM.

MR. GOODELL: LIKE HOW TO STORE AND CHARGE IT,

WHAT TO DO IF THE BATTERY OVERHEATS OR LEAKS, LOOKING FOR STRANGE ODORS

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NYS ASSEMBLY JUNE 4, 2024

OR COLORS. WHAT IF THE MANUAL THAT YOU HAVE DOESN'T COVER THOSE ITEMS,

BECAUSE CERTAINLY BEFORE THIS OCCURRED, I WOULD GUESS THAT MOST E-BIKE

MANUALS SAID THIS IS HOW YOU PLUG IN THE BATTERY AND DOESN'T GO INTO

THAT DETAIL, WHAT HAPPENS THEN?

MS. ZINERMAN: WELL, THIS IS THE GREAT STATE OF

NEW YORK. AND I THINK THAT WE ARE ALWAYS VERY INTERESTED IN THE

QUALITY OF LIFE OF ALL OF OUR RESIDENTS AND I THINK THAT THAT'S SOMETHING

THAT WE COULD PROBABLY POST ON OUR CONSUMER AFFAIRS SO THAT BUSINESSES

COULD DOWNLOAD THAT INFORMATION FOR FREE AND THEN SUPPLEMENT IT WITH

THE MANUAL THAT COMES WITH THE VERY OLD BATTERY.

MR. GOODELL: NOW, THIS ALSO REQUIRED THAT THE

MANUAL THAT YOU PROVIDE HAVE A LINK TO A MANUFACTURER MAINTAINED

DATABASE WITH THE 12 MOST COMMON LANGUAGES, CORRECT?

MS. ZINERMAN: YES.

MR. GOODELL: BUT WHAT HAPPENS IF THE

MANUFACTURER DOES NOT HAVE THAT MANUAL TRANSLATED INTO 12 DIFFERENT

LANGUAGES?

MS. ZINERMAN: WELL, I THINK THEY NEED TO -- IF

THEY'RE GOING TO SELL IN THE GREAT STATE OF NEW YORK, THEY HAVE TO

UNDERSTAND THAT WE ARE A MULTI-LINGUAL STATE AND WE NEED TO BE ABLE TO

COMMUNICATE WITH PEOPLE WHO COME HERE. AS YOU KNOW THAT MOST OF

THE PEOPLE WHO ARE ENGAGED IN THIS TYPE OF WORK, THEY COME FROM ALL

PLACES IN THE WORLD. SOME OF THEM DON'T SPEAK ENGLISH BUT THEY'RE

ABLE TO WORK, WHICH IS WHAT WE -- WHICH IS WHAT WE LIKE AND WHAT WE

ENCOURAGE. SO WE WANT TO MAKE SURE THAT, YOU KNOW, FOR THE OBVIOUS

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NYS ASSEMBLY JUNE 4, 2024

REASONS THOSE INDIVIDUALS CAN UNDERSTAND THE PROPER CARE FOR THOSE

BATTERIES.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE YOUR COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I ABSOLUTELY APPRECIATE MY

COLLEAGUE'S DESIRE TO ENSURE THAT E-BIKES WHEN SOMEONE BUYS THEM

THEY CAN GET A MANUAL ON HOW TO PROPERLY TAKE CARE OF THEM AND

CHARGE THE BATTERY, I THINK THAT'S A GREAT IDEA MOVING FORWARD. THE

CONCERN I HAVE IS THAT THIS WOULD APPLY TO ALL E-BIKES THAT ARE OUT THERE

INCLUDING E-BIKES THAT PEOPLE HAVE ALREADY BOUGHT. AND MANY PEOPLE,

MYSELF INCLUDED, TOSS THE OWNER'S MANUAL IF IT'S VERY SIMPLE. SO IF THE

OWNER MANUAL JUST SAYS HERE'S HOW YOU PLUG IN THE BATTERY AND HERE'S

HOW YOU TURN IT ON, I DON'T STORE THOSE OWNER MANUALS AND I DOUBT MOST

PEOPLE DO. BUT EVEN IF I DO GET A MANUAL AND I KEEP IT, THE MANUALS I

KEEP, I TYPICALLY TOSS THE PORTION OF THE MANUAL THAT'S IN A FOREIGN

LANGUAGE BECAUSE I DON'T NEED TO KNOW HOW TO PLUG IN MY BATTERY IN

FRENCH OR KOREAN OR SPANISH OR CHINESE. SINCE I'M NOT THAT LITERATE IN

ALL THOSE DIFFERENT LANGUAGES, I JUST KEEP ONE COPY IN ENGLISH. THIS BILL

ASSUMES THAT THE MANUFACTURER WILL HAVE A LINK WHERE YOU CAN LOOK AT

YOUR MANUAL IN 12 DIFFERENT LANGUAGES. WHAT HAPPENS IF THE

MANUFACTURER DOESN'T? DOES THAT MEAN YOU CAN'T SELL THE BIKE AND THE

ANSWER IS YEAH. IF YOUR MANUFACTURER WHOM YOU CANNOT CONTROL

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DOESN'T PUBLISH THEIR MANUAL IN 12 LANGUAGES, YOU CAN'T SELL YOUR

E-BIKE. NOW EVEN IF YOU HAVE AN ENGLISH LANGUAGE MANUAL AND YOU

SELL IT TO SOMEBODY WHO CAN ONLY SPEAK ENGLISH, YOU CAN'T SELL YOUR

E-BIKE TO THEM. YOU'RE FACING A $250 FINE IF YOU DO, BECAUSE EVEN

THOUGH THE PERSON YOU'RE SELLING IT TO CAN'T READ SPANISH OR -- OR OTHER

LANGUAGES, THIS BILL PROHIBITS YOU FROM SELLING IT UNLESS YOU GIVE THEM

A MANUAL WITH AT LEAST THREE LANGUAGES. SO I SUPPORT THE INTENT OF MY

COLLEAGUE. I THINK YOU'RE ABSOLUTELY RIGHT, WE NEED TO START GETTING THAT

INFORMATION OUT, WE NEED TO FOCUS ON BATTERY SAFETY. BUT I WOULD

RECOMMEND WE DO IT IN A WAY THAT'S EASIER FOR OUR CONSUMERS TO

COMPLY WITH THAT DOESN'T SUBJECT THEM TO A $250 FINE. AND THE

EXCEPTIONS I WOULD SUGGEST IF THIS GOES THROUGH AN AMENDMENT IS THAT

YOU PROVIDE A MANUAL THAT'S IN THE LANGUAGE USED BY THE BUYER. AND

THAT YOU PROVIDE A LINK TO THE MANUFACTURER FOR WHATEVER THEY HAVE IF

YOU DON'T HAVE SUCH A MANUAL, BUT THAT OTHERWISE YOU BE ABLE TO SELL

YOUR E-BIKE TO YOUR FRIENDS OR YOUR NEIGHBORS OR SOMEONE ELSE WITHOUT

HAVING THEM HAVE ACCESS TO THE WORLD'S 12 MOST COMMON LANGUAGES

FOR A MANUAL THAT THEY CAN'T READ.

FOR THAT REASON, WHILE I APPRECIATE THE BILL SPONSOR'S

OBJECTIVE, I THINK THIS BILL GOES TOO FAR AND IT'S TOO RESTRICTIVE TO THE

CONSUMERS IN NEW YORK STATE THAT WANT TO BUY AN E-BIKE ON CRAIGSLIST

OR ON FACEBOOK OR WHEREVER OR WANT TO SELL ONE AND DON'T HAVE A

MULTI-LANGUAGE MANUAL ON HOW TO PLUG IT IN AND MAKE SURE THE

BATTERIES WORKING. THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 4, 2024

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 PARTY IS GENERALLY OPPOSED. THOSE WHO SUPPORT IT SHOULD

VOTE YES ON THE FLOOR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

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

PIECE OF LEGISLATION; HOWEVER, THOSE WHO WOULD LIKE TO BE AN EXCEPTION

SHOULD FEEL FREE TO DO SO AT THEIR SEATS.

ACTING SPEAKER AUBRY: THANK YOU BOTH.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER, MY

COLLEAGUES, TO EXPLAIN MY VOTE. I FIGURED I DO THE TWO MINUTES INSTEAD

OF LONGER JUST TO GIVE YOU A BREAK -- BUT I APPRECIATE IT. YOU'RE CUTTING

INTO MY TIME. NO, BUT I APPRECIATE THAT.

ACTING SPEAKER AUBRY: TRYING TO CUT A FAVOR

WITH US, MR. PALMESANO?

MR. PALMESANO: I APPRECIATE THE COMMENTS OF

THE SPONSOR. I HEARD WHAT SHE SAID ABOUT THE CONCERNS REACTING TO THE

200

NYS ASSEMBLY JUNE 4, 2024

TRAGEDIES, THE DEATHS, THE FIRES AND (INAUDIBLE) AND I AGREE. MY

CONCERN IS MOVING FORWARD ON OTHER ISSUES BECAUSE ALL THESE BILLS ARE

DEALING WITH E-BIKES AND WE SEE THE TRAGEDIES. WE NEED TO BE POSITIVE,

WE NEED TO BE PROACTIVE ON THE OTHER ISSUES, OUR ELECTRIC VEHICLES.

CERTAINLY OUR ELECTRIC SCHOOL BUS MANDATE IS COMING DOWN THE

PIPELINE, EV BATTERY STORAGE, NOTHING IS BEING DONE TO ADDRESS THE

SAFETY ON THAT MEASURE, NO ACTION IS BEING TAKEN FROM THAT PERSPECTIVE

AND I THINK THAT DESPERATELY NEEDS TO BE ADDRESSED BY THIS HOUSE.

THESE BILLS CONTINUE TO POP UP BECAUSE OF THE TRAGEDIES. WHAT WE'RE

GOING TO BE ON THIS FLOOR IN A FEW YEARS WITH THIS EV SCHOOL BUS

MANDATE, ONCE ONE OF THOSE SCHOOL BUSES GO UP IN FIRE AND KIDS DIE,

THEN PEOPLE ARE GOING TO WANT TO DO SOMETHING AND IT'S GOING TO BE TOO

LATE THEN. I THINK WE SHOULD BE TAKING PROACTIVE STEPS NOW TO DO IT.

WE CAN TALK ABOUT THE EV MANDATES, YOU KNOW, FROM THIS -- FROM

MANY DIFFERENT WAYS. I TALKED ABOUT THE -- THE HUMAN RIGHTS AND THE

CHILD LABOR VIOLATIONS IN THE DEMOCRATIC REPUBLIC OF CONGO. WE

TALKED ABOUT THE ENVIRONMENTAL IMPACTS OF THE MINING AND LITHIUM ON

WATER, RIVERS AND STREAMS ARE BEING POISONED AND POLLUTED IN AFRICAN

COUNTRIES. WE ALSO TALKED ABOUT THE FIRES THAT CONTINUE TO HAPPEN AND

THAT'S WHAT I'M WORRIED ABOUT AS WELL. SO IF WE'RE GOING TO DO THIS, LET'S

DO IT MORE THOROUGHLY BECAUSE WE'VE HAD THREE BATTERY STORAGE FIRES

HAPPENING ALREADY. THERE'S A PROLIFERATION OF THEM GOING UP ACROSS THE

STATE OF NEW YORK, THREE IN NEW YORK LAST YEAR. AND WHEN THESE EV

SCHOOL BUS ACCIDENTS HAPPENS IT'S JUST GOING TO BE VERY PROBLEMATIC.

SO IF WE'RE GOING TO DO THIS, LET'S BE MORE THOROUGH ABOUT IT, LET'S BE

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NYS ASSEMBLY JUNE 4, 2024

MORE PROACTIVE AND LET'S NOT BE REACTING TO A TRAGEDY IN A COUPLE YEARS

FROM NOW WHEN WE'RE GOING TO BE ABLE TO SAY WE'VE BEEN TALKING ABOUT

THIS BUT NO ACTION WAS TAKEN.

SO I APPRECIATE THE COMMENTS OF THE SPONSOR. I THINK

WHAT SHE'S TRYING TO DO, BUT UNTIL WE CAN START TAKING MORE MEANINGFUL

ACTION ACROSS THE BOARD ON THE BIGGER THINGS LIKE ELECTRIC VEHICLES,

ELECTRIC -- ELECTRIC SCHOOL BUSES AND BATTERY STORAGE, I'M GOING TO

CONTINUE TO VOTE NO AND I'LL KEEP CONTINUING TO SOUND THE ALARM ON

THESE FAILED POLICIES. THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE TO

EXPLAIN HIS VOTE.

MR. LAVINE: A COUPLE OF THINGS. I THINK IT'S PRETTY

CLEAR THAT THE EARTH IS HEATING UP. AND IT'S ASTOUNDING THAT ANYBODY

WOULD DENY THAT. WITH RESPECT TO THESE BATTERY-OPERATED VEHICLES OR

CYCLES, WHATEVER THEY ARE, THE DEBATE MIGHT LEAD SOMEBODY TO BELIEVE

THAT ANYONE WHO SELLS ONE OF THESE THINGS WITHOUT THE PRESCRIBED

MANUAL IS GOING TO BE HIT WITH A FINE OF $250 AND FOR A SECOND AND

SUBSEQUENT OFFENSE -- OFFENSES $1,000. BUT THE WAY I READ SUBDIVISION

4, IT SEEMS TO SAY PRETTY EXPLICITLY THAT THE FINE PROVISIONS APPLY ONLY

TO RETAIL ENTITIES, AND I THINK THAT WE OUGHT TO MAKE SURE THE RECORD IS --

IS CLEAR AND EXPLICIT WITH RESPECT TO THAT. I'M VOTING IN THE AFFIRMATIVE

AND I WANT TO COMMEND THE SPONSOR. I THINK THIS IS A GREAT IDEA.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

202

NYS ASSEMBLY JUNE 4, 2024

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

PLEASE CALL ON MR. JACOBSON FOR THE PURPOSES OF AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. JACOBSON FOR THE

PURPOSES OF AN ANNOUNCEMENT. IF THE GENTLEMAN IN FRONT OF YOU WILL

GET DOWN. THANK YOU, SIR.

MR. JACOBSON: I KNOW EVERYBODY WANTS A BREAK

SO WE'RE GOING TO HAVE -- THE MAJORITY WILL BE HAVING A CONFERENCE IN

HEARING ROOM C WHEN WE DECIDE THAT WE'RE AT EASE. SO THANK YOU

VERY MUCH.

ACTING SPEAKER AUBRY: CONFERENCE, HEARING

ROOM C.

MRS. PEOPLES-STOKES.

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

PLEASE STAND THE HOUSE AT EASE?

ACTING SPEAKER AUBRY: THE HOUSE WILL STAND

AT EASE.

(WHEREUPON, THE HOUSE STOOD AT EASE AT 6:02 P.M.)

***************

(WHEREUPON, ACTING SPEAKER AUBRY CALLED THE HOUSE

BACK TO ORDER AT 9:23 P.M.)

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

203

NYS ASSEMBLY JUNE 4, 2024

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MEMBERS HAVE BEFORE

THEM 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. DIRECTLY

TO PAGE 3 AND BEGIN WITH RULES REPORT NO. 386, AND HOPEFULLY WE'LL GO

STRAIGHT THROUGH THE ENTIRE A-CALENDAR, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

PAGE 3, BILL NO. 1489-A, RULES REPORT NO. 386, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01489-A, RULES

REPORT NO. 386, THIELE, WILLIAMS, MCMAHON, BURKE, RIVERA, DICKENS,

PEOPLES-STOKES, WALLACE, ZEBROWSKI, SILLITTI, GUNTHER. AN ACT TO

AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO DELINQUENT TAX

INTEREST RATES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01533-A, RULES

REPORT NO. 387, BUTTENSCHON, EPSTEIN, HEVESI, MCDONALD, SAYEGH,

SIMON, DESTEFANO. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

PROVIDING MINIMUM BASIC TRAINING RELATED TO HANDLING EMERGENCY

SITUATIONS INVOLVING INDIVIDUALS WITH ANY PHYSICAL AND/OR

204

NYS ASSEMBLY JUNE 4, 2024

DEVELOPMENTAL DISABILITY TO ALL FIREFIGHTERS.

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. A02583-A, RULES

REPORT NO. 388, HEVESI, GONZ�LEZ-ROJAS, WALKER, BURDICK, SHIMSKY,

BURGOS, STECK, GUNTHER, PAULIN, L. ROSENTHAL, SIMON. AN ACT TO

AMEND THE SOCIAL SERVICES LAW, IN RELATION TO AUTHORIZING CERTAIN

SHELTERS TO BE REIMBURSED FOR HOUSING A SINGLE INDIVIDUAL IN A ROOM

INTENDED FOR DOUBLE OCCUPANCY.

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. A03155-A, RULES

REPORT NO. 389, ZEBROWSKI, SIMON, FORREST, WALLACE, EACHUS,

205

NYS ASSEMBLY JUNE 4, 2024

SIMONE, LEVENBERG, BURDICK. AN ACT TO AMEND THE GENERAL BUSINESS

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

PRIVATE EDUCATION LOAN BORROWERS AND COSIGNERS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06867-B, RULES

REPORT NO. 390, L. ROSENTHAL, LUNSFORD, JACOBSON, SHRESTHA, GLICK,

EPSTEIN, DAVILA, REYES, BORES, KELLES, WEPRIN, RAGA. AN ACT TO

AMEND THE INSURANCE LAW, IN RELATION TO PROHIBITING CERTAIN RESTRICTIONS

AS IT RELATES TO DOG BREED.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07017-A, RULES

REPORT NO. 391, SIMON, THIELE, GUNTHER, ZINERMAN, SAYEGH, L.

ROSENTHAL, MCDONOUGH, K. BROWN, COLTON, OTIS. AN ACT TO AMEND THE

ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO ENACTING THE MONARCH

PRESERVATION PLAN.

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.

206

NYS ASSEMBLY JUNE 4, 2024

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07052-C, RULES

REPORT NO. 392, SILLITTI, BORES, DICKENS, LUNSFORD, GLICK, MCDONALD,

BICHOTTE HERMELYN, EPSTEIN, CRUZ, BURGOS, WEPRIN, PAULIN, SHRESTHA,

MEEKS, TAYLOR, SIMON, CLARK. AN ACT TO AMEND THE ELECTION LAW AND

THE VEHICLE AND TRAFFIC LAW, IN RELATION TO JOINING MULTISTATE VOTER LIST

MAINTENANCE ORGANIZATIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07491-B, RULES

REPORT NO. 393, BRONSON, CARROLL, SHRESTHA, LUNSFORD, WOERNER,

REYES, GUNTHER, AUBRY, SEAWRIGHT, BICHOTTE HERMELYN, WILLIAMS,

RAMOS, BURDICK, EPSTEIN, BRABENEC, K. BROWN, GONZ�LEZ-ROJAS,

MAHER, SIMONE, MAMDANI, COLTON, MCMAHON, KELLES, CLARK,

GALLAGHER, BURGOS, DAVILA, BORES, ROZIC, OTIS, BLUMENCRANZ, RAGA.

AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW AND THE LABOR

LAW, IN RELATION TO PREVAILING WAGE REQUIREMENTS APPLICABLE TO

BROWNFIELD REMEDIATION WORK PERFORMED UNDER PRIVATE CONTRACT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BRONSON, 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

207

NYS ASSEMBLY JUNE 4, 2024

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. A07515-B, RULES

REPORT NO. 394, LEVENBERG. AN ACT TO AMEND THE PUBLIC SERVICE LAW,

IN RELATION TO REQUIRING CORPORATIONS AND MUNICIPALITIES TO NOTIFY

PROPERTY OWNERS PRIOR TO BEGINNING CERTAIN SERVICES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07657-A, RULES

REPORT NO. 395, MAGNARELLI. AN ACT TO AMEND THE CIVIL SERVICE LAW,

IN RELATION TO UNCLASSIFIED CIVIL SERVICE OF THE STATE; AND AUTHORIZING THE

SYRACUSE HANCOCK INTERNATIONAL AIRPORT TO HIRE AND PROMOTE

EMPLOYEES ON A PERMANENT BASIS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

208

NYS ASSEMBLY JUNE 4, 2024

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07693-A, RULES

REPORT NO. 396, PHEFFER AMATO. AN ACT TO AMEND THE RETIREMENT AND

SOCIAL SECURITY LAW, IN RELATION TO PERMIT CERTAIN TWENTY-FIVE YEAR

RETIREMENT PROGRAM DISPATCHER MEMBERS TO FILE ELECTIONS NOT TO

PARTICIPATE.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. 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. A07820, RULES REPORT

NO. 397, JEAN-PIERRE. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION

TO THE ESTABLISHMENT OF AN INSURANCE LIAISON ON THE DISASTER

PREPAREDNESS COMMISSION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

JEAN-PIERRE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

209

NYS ASSEMBLY JUNE 4, 2024

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. A08168, RULES REPORT

NO. 398, PAULIN, MCDONALD, REYES, SHIMSKY, LEVENBERG, SIMONE,

BURDICK, SEAWRIGHT, TAPIA, EPSTEIN, MEEKS, SAYEGH, CLARK, SILLITTI.

AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO PROVIDING

MEDICAID COVERAGE FOR REMOTE ULTRASOUND SCANS AND REMOTE FETAL

NON-STRESS TESTS.

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. A08582-B, CALENDAR

-- RULES REPORT NO. 399 WAS PREVIOUSLY AMENDED AND IS HIGH.

ASSEMBLY NO. A08837-C, RULES REPORT NO. 400,

CRUZ, BARRETT, BURDICK, THIELE, HEVESI, MORINELLO, TAGUE, SILLITTI,

WALSH, ZACCARO, ZINERMAN, SEAWRIGHT, SIMONE, BURGOS, CLARK,

CUNNINGHAM, BENDETT, GONZ�LEZ-ROJAS, EPSTEIN, PHEFFER AMATO. AN

210

NYS ASSEMBLY JUNE 4, 2024

ACT TO AMEND THE VETERANS' SERVICES LAW, THE MILITARY LAW, AND THE

EXECUTIVE LAW, IN RELATION TO ESTABLISHING THE ALEX R. JIMENEZ NEW

YORK STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 150TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. CRUZ TO EXPLAIN HER VOTE.

MS. CRUZ: THANK YOU, MR. SPEAKER. I'D LIKE TO

THANK OUR FORMER COLLEAGUE, NOW-SENATOR ASHBY, AS WELL AS THE

SPEAKER, AND OUR PROGRAM AND COUNSEL AND THE CURRENT AND FORMER

CHAIR OF VETERANS' FOR THEIR SUPPORT IN GETTING THIS BILL THROUGH. IT IS

OUR FOURTH ATTEMPT, AND I'M HOPING THIS WILL BE THE LAST ONE.

UNFORTUNATELY, LAST YEAR WE PASSED IT UNANIMOUSLY AND IT WAS VETOED

BY THE GOVERNOR. MY HOPE IS THAT THE AMENDMENTS WE HAVE MADE

STRIKE A GOOD BALANCE BETWEEN HER CONCERNS AND WHAT WE BELIEVE

VETERAN IMMIGRANTS DESERVE AND NEED. THIS IS NAMED AFTER A KID FROM

CORONA, QUEENS WHO DIED WHILE SERVING OUR COUNTRY WHILE HIS WIFE

WAS FACING DEPORTATION WITHOUT THE RESOURCES AND ON HER OWN, AND WE

ARE HOPEFUL THAT THIS PROGRAM WILL PROVIDE FOR PEOPLE LIKE HIM AND FOR

OTHER FAMILIES, VETERANS AND THEIR FAMILIES WITH THE RESOURCES SO THAT

THEY CAN GET TO THAT COVENANT CITIZENSHIP WITHOUT HAVING TO SACRIFICE IT

ALL. IT IS THE LEAST THAT WE CAN DO FOR VETERANS AND IT THE LEAST THAT WE

211

NYS ASSEMBLY JUNE 4, 2024

CAN DO FOR THEIR FAMILIES, AND I URGE EVERYONE TO VOTE IN THE

AFFIRMATIVE, AND I'LL BE DOING THAT SAME THING.

ACTING SPEAKER AUBRY: MS. CRUZ IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08907-A, RULES

REPORT NO. 401, BRONSON, LEVENBERG, STECK, SHRESTHA, SEAWRIGHT,

SIMON, LUPARDO, O'DONNELL, BRABENEC, OTIS, SHIMSKY, GLICK, TAPIA,

ARDILA, HEVESI, BURDICK, BURGOS, GONZ�LEZ-ROJAS, EACHUS, CRUZ,

ROZIC, SANTABARBARA, HUNTER, DAVILA, TAYLOR, KELLES, REYES, RAGA,

BRAUNSTEIN, DINOWITZ, COOK, COLTON, L. ROSENTHAL, LUCAS, JACOBSON,

RAMOS. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO ESTABLISHING

THE WAREHOUSE WORKER INJURY REDUCTION PROGRAM.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09035-A, RULES

REPORT NO. 402, BICHOTTE-HERMELYN, GUNTHER, ARDILA, AUBRY, DAVILA,

LUCAS. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO DOULA

FRIENDLY WORK SPACES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

BICHOTTE HERMELYN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED, AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09076-A, RULES

REPORT NO. 403, SANTABARBARA. AN ACT TO AMEND THE EDUCATION LAW,

212

NYS ASSEMBLY JUNE 4, 2024

IN RELATION TO STATE AID ELIGIBILITY FOR LIBRARY CONSTRUCTION AND MAKING

TECHNICAL CORRECTIONS THERETO; TO AMEND CHAPTER 498 OF THE LAWS OF

2011 AMENDING THE EDUCATION LAW RELATING TO THE PUBLIC LIBRARY

CONSTRUCTION GRANT PROGRAM, IN RELATION TO THE EFFECTIVENESS THEREOF;

AND TO REPEAL CERTAIN PROVISIONS OF THE EDUCATION LAW RELATING THERETO.

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.)

MR. SANTABARBARA TO EXPLAIN HIS VOTE.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER,

FOR ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. THIS IS A BILL

THAT'S IMPORTANT TO OUR COMMUNITIES. IT ENHANCES STATE AID ELIGIBILITY

FOR LIBRARY CONSTRUCTION. THIS LEGISLATION RECOGNIZES THE FINANCIAL

CHALLENGES THAT MANY PUBLIC LIBRARIES FACE, ESPECIALLY IN ECONOMIC --

ECONOMICALLY-DISADVANTAGED AREAS. BY PROVIDING UP TO 90 PERCENT OF

PROJECT COSTS, WE ENSURE EVERYONE, REGARDLESS OF ECONOMIC STATUS, CAN

ACCESS QUALITY LIBRARY SERVICES. SECONDLY, THIS BILL SIMPLIFIES EXISTING

RULES MAKING IT EASIER FOR LIBRARIES TO UTILIZE THEIR CONSTRUCTION AID

MORE EFFECTIVELY. BY REMOVING UNNECESSARY CAPS, WE GIVE THEM THE

FLEXIBILITY TO ALLOCATE FUNDS WHERE THEY ARE NEEDED THE MOST. LASTLY,

REMOVING SUNSET PROVISIONS PROVIDES STABILITY FOR OUR LIBRARIES,

ENABLING LONG-TERM PLANNING WITHOUT REGULATORY UNCERTAINTY. LIBRARIES

AREN'T JUST BUILDINGS, THEY ARE VITAL COMMUNITY HUBS OFFERING

213

NYS ASSEMBLY JUNE 4, 2024

INVALUABLE RESOURCES TO ALL OF OUR COMMUNITIES. PASSING THIS BILL WILL

EMPOWER OUR LIBRARIES, SUPPORT OUR COMMUNITIES, AND UPHOLD OUR

COMMITMENT TO EDUCATION AND EQUITY AND I URGE ALL OF MY COLLEAGUES TO

SUPPORT THIS LEGISLATION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU. MR.

SANTABARBARA IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09232-B, RULES

REPORT NO. 404, WEINSTEIN, PEOPLES-STOKES, LAVINE, DINOWITZ, GLICK,

AUBRY, BICHOTTE HERMELYN, BRAUNSTEIN, BURDICK, BURGOS, BURKE,

CARROLL, CLARK, COLTON, COOK, CRUZ, DICKENS, DILAN, EPSTEIN, FALL,

GIBBS, HEVESI, HUNTER, HYNDMAN, JACOBSON, JEAN-PIERRE, KIM,

LUNSFORD, MAGNARELLI, MCMAHON, MEEKS, MITAYNES, NORRIS, PAULIN,

REYES, L. ROSENTHAL, SANTABARBARA, SHRESTHA, SIMON, SOLAGES, STECK,

STERN, STIRPE, TAYLOR, WEPRIN, ZEBROWSKI, RAGA. AN ACT TO AMEND THE

ESTATES, POWERS AND TRUSTS LAW, IN RELATION TO THE PAYMENT AND

DISTRIBUTION OF DAMAGES IN WRONGFUL DEATH ACTIONS.

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.)

MR. BLUMENCRANZ TO EXPLAIN HIS VOTE.

214

NYS ASSEMBLY JUNE 4, 2024

MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER. I

KNOW THIS IS NOT THE FIRST TIME WE'VE SEEN THIS PIECE OF LEGISLATION. ONE

OF THE MAJOR ISSUES OF WHY IT KEEPS GETTING VETOED AND SENT BACK --

ACTING SPEAKER AUBRY: ONE MINUTE, MR.

BLUMENCRANZ. HELLO, PLEASE; YOUR COLLEAGUE.

GO AHEAD, SIR.

MR. BLUMENCRANZ: IS BECAUSE WE CONTINUE TO

SEE THE INCLUSION OF THE MEDICAL MALPRACTICE BEING SUSCEPTIBLE TO THIS

PIECE OF LEGISLATION. NEW YORK CONTINUES TO SUFFER FROM WHAT IS

LITERALLY A CRISIS WHEN IT COMES TO THE MEDICAL MALPRACTICE SPACE.

AREAS OF NEW YORK, PARTICULARLY AREAS LIKE THE BRONX WILL SOON

BECOME DESERTS OF PRIVATE PRACTICES BECAUSE THE SHEER COST OF

INSURANCE, THE COST OF THE PAYOUTS WHEN THERE IS A MEDICAL MALPRACTICE

INCIDENT ARE STAGGERING. IT IS AROUND $200,000 A YEAR IN PREMIUMS FOR

A SINGLE PRIVATE PRACTICE FOR AN OB/GYN RIGHT NOW IN THE BRONX; IN

COMPARISON IN LA, IT'S AROUND $50,000.

IT IS BY FAR AND LARGE THE LARGEST PAYOUTS IN AMERICA,

AND IT IS SOMETHING THAT IS CONTINUING TO INCREASE YEAR OVER YEAR. I

BELIEVE IN THE LAST YEAR, THAT NUMBER HAS RISEN TO OVER AN ANNUAL OF

ABOUT 170 MILLION AND COUNTING, AND WE CONTINUE TO SEE THE STATE

STRUGGLE TO ACTUALLY COME UP WITH SOLUTIONS TO THIS PROBLEM AND TO

MITIGATE THE RISK, AND IF WE DON'T SEE CHANGES TO THIS LEGISLATION TO

REMOVE THOSE PROVISIONS, THIS BILL WILL CAUSE JUST AS MUCH HARM AS IT

DOES CREATE HOPE FOR THE VICTIMS OF SERIOUS CRIMES LIKE THAT IN MY

DISTRICT WITH A DRUNK DRIVER AND TWO WONDERFUL YOUNG BOYS. SO I HOPE

215

NYS ASSEMBLY JUNE 4, 2024

THAT WE WILL GET SERIOUS ABOUT CHANGING THIS BILL SUFFICIENTLY SO WE CAN

SEE IT ACROSS THE FINISH LINE. I'LL CONTINUE TO SUPPORT IT THIS YEAR, BUT I

REALLY HOPE TO SEE US MAKE SERIOUS MOVEMENT IN THE YEARS TO COME.

THANK YOU.

ACTING SPEAKER AUBRY: MR. BLUMENCRANZ IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09340-A, RULES

REPORT NO. 405, LEE, OTIS, GLICK. AN ACT TO AMEND THE GENERAL

BUSINESS LAW, IN RELATION TO PEER-TO-PEER MOBILE PAYMENT SERVICE

SECURITY; AND TO AMEND THE FINANCIAL SERVICES LAW, IN RELATION TO

AUTHORIZING THE FINANCIAL FRAUDS AND CONSUMER PROTECTION UNIT TO

ENFORCE SUCH PROVISIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

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. A09381, RULES REPORT

216

NYS ASSEMBLY JUNE 4, 2024

NO. 406, PHEFFER AMATO. AN ACT TO AMEND THE GENERAL MUNICIPAL

LAW, IN RELATION TO DISABILITIES OF DEPUTY SHERIFFS IN CERTAIN CITIES.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. 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.)

MR. FITZPATRICK TO EXPLAIN HIS VOTE.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. I HAVE NO OBJECTION TO IMPROVING BENEFITS, BUT A

BENEFIT LIKE THIS IT CAN AND WILL BE VERY EXPENSIVE. I DO NOT BELIEVE IT

IS UNFAIR OR UNREASONABLE TO ASK THE UNION FOR SOMETHING IN RETURN TO

HELP OFFSET THE COSTS TO TAXPAYERS. THIS SHOULD BE DONE AT THE

NEGOTIATING TABLE THROUGH THE COLLECTIVE BARGAINING PROCESS AND NOT

DONE THROUGH THE LEGISLATURE. THANK YOU. I'LL BE VOTING NO.

ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09403-A, RULES

REPORT NO. 407, SANTABARBARA, GUNTHER, DAVILA, MANKTELOW, TAGUE,

OTIS. AN ACT TO AMEND THE NOT-FOR-PROFIT CORPORATION LAW, IN RELATION

TO THE USE OF PROPERTY IN A LAND BANK FOR THE CREATION OF A COMMUNITY

217

NYS ASSEMBLY JUNE 4, 2024

GARDEN.

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.)

MR. SANTABARBARA TO EXPLAIN HIS VOTE.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER,

TO EXPLAIN MY VOTE. THIS BILL RECOGNIZES THE POTENTIAL URBAN FARMING TO

HELP ADDRESS THE FOOD INSECURITY ISSUE IN OUR COMMUNITIES. THE

ALARMING RISE IN FOOD INSECURITY SHOWS THE NEED FOR INNOVATIVE

SOLUTIONS, AND WHAT THIS BILL DOES IS IT SPECIFICALLY ALLOWS LAND BANKS TO

USE A PORTION OF THEIR PROPERTY FOR COMMUNITY GARDENS, OFFERING MORE

OPPORTUNITIES FOR FRESH, LOCALLY GROWN FOOD AND PRODUCE IN OUR

COMMUNITIES. IT HELPS REDUCE FOOD DESERTS, AND IT HELPS REVITALIZE

URBAN AREAS. PASSING THIS BILL IS A STEP FORWARD IN CREATING A MORE FOOD

SECURE, SUSTAINABLE AND RESILIENT NEW YORK STATE, AND I URGE MY

COLLEAGUES TO SUPPORT THIS BILL TO HELP ADDRESS FOOD INSECURITY, BUT ALSO

TO PROMOTE ENVIRONMENTAL SUSTAINABILITY IN OUR COMMUNITIES. THANK

YOU, MR. SPEAKER. I CAST MY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SANTABARBARA IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

218

NYS ASSEMBLY JUNE 4, 2024

THE CLERK: ASSEMBLY NO. A09442, RULES REPORT

NO. 408, WALLACE, BURKE. AN ACT TO AUTHORIZE THE CITY OF BUFFALO TO

OFFER AN OPTIONAL TWENTY YEAR RETIREMENT PLAN TO FIREFIGHTERS RHIANNON

MAGUIRE AND JEFFREY BRETT.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. 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. A09444-A, RULES

REPORT NO. 409, CRUZ, JEAN-PIERRE, SEAWRIGHT, STERN. AN ACT TO AMEND

THE PUBLIC SERVICE LAW, IN RELATION TO CALL CENTERS FOR GAS AND ELECTRIC

CORPORATIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09447-A, RULES

REPORT NO. 410, HYNDMAN. AN ACT TO AMEND THE NOT-FOR-PROFIT

CORPORATION LAW, IN RELATION TO RETIRING CEMETERY INDEBTEDNESS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

219

NYS ASSEMBLY JUNE 4, 2024

(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. A09636-A, RULES

REPORT NO. 411, ANDERSON. AN ACT TO AMEND THE BANKING LAW, IN

RELATION TO CREATING A BANKING DEVELOPMENT DISTRICT WORKING GROUP; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09706, RULES REPORT

NO. 412, SANTABARBARA. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN

RELATION TO THE RESIDENCY REQUIREMENT FOR ASSISTANT DISTRICT ATTORNEYS IN

SCHENECTADY COUNTY.

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. A09943-A, RULES

REPORT NO. 413 WAS PREVIOUSLY AMENDED AND IS HIGH.

ASSEMBLY NO. A10060, RULES REPORT NO. 414,

BURGOS. AN ACT TO AMEND CHAPTER 544 OF THE LAWS OF 2022,

220

NYS ASSEMBLY JUNE 4, 2024

AUTHORIZING THE CITY OF NEW YORK TO DISCONTINUE A PORTION OF REAL

PROPERTY IN THE COUNTY OF THE BRONX AS PARKLAND AND TO GRANT

EASEMENTS FOR IMPROVEMENTS TO THE RAILROAD RIGHT-OF-WAY TO BRING

METRO-NORTH RAILROAD SERVICE TO FOUR NEW STATIONS IN THE BRONX AND TO

PENNSYLVANIA STATION IN THE COUNTY OF NEW YORK, IN RELATION TO

DISCONTINUING ADDITIONAL PARKLAND AND GRANTING ADDITIONAL EASEMENTS.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. 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. A10105-B, RULES

REPORT NO. 415, BERGER, LUNSFORD, SHIMSKY, BARRETT, SIMON,

CUNNINGHAM, EACHUS, L. ROSENTHAL, SILLITTI, AUBRY, RIVERA, HUNTER,

REYES, SEPTIMO, LAVINE, RAJKUMAR, BUTTENSCHON, ALVAREZ, HYNDMAN,

SANTABARBARA, THIELE, GLICK, ZINERMAN, FAHY, TAPIA, MCDONALD,

JACOBSON, DAVILA, CRUZ, STECK, SOLAGES, PHEFFER AMATO, GUNTHER,

WEPRIN, STERN, SAYEGH, BORES, ROZIC, ZEBROWSKI, STIRPE, CONRAD,

HEVESI, WOERNER, ARDILA, ANDERSON, KIM, LUPARDO, WALLACE, COOK,

DINOWITZ, BRONSON, MCMAHON, PRETLOW, TAYLOR, GIBBS, EPSTEIN,

PAULIN, LEVENBERG, VANEL, JONES, DE LOS SANTOS, BURDICK, SIMONE,

221

NYS ASSEMBLY JUNE 4, 2024

GONZ�LEZ-ROJAS, MORINELLO, CLARK, DAIS, BICHOTTE HERMELYN,

BRAUNSTEIN, RAMOS, WALKER, OTIS, ZACCARO, KELLES, COLTON, BENEDETTO,

MAHER, FALL, BURGOS, DILAN. AN ACT TO AMEND THE PENAL LAW, IN

RELATION TO EXPANDING THE DEFINITION OF MENTAL HEALTH CARE PROVIDER FOR

PURPOSES OF CERTAIN SEX OFFENSES.

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.

(APPLAUSE)

MR. BERGER, I NORMALLY SAY THAT YOU ONLY GET THAT

ONCE. IT APPEARS YOU'VE BROKEN THAT AND GOTTEN IT TWICE.

CONGRATULATIONS.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10140, RULES REPORT

NO. 416, COMMITTEE ON RULES (GLICK, BURDICK, WEPRIN, SIMON.) AN

ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION O

PROHIBITING THE TAKING OF HORSESHOE CRABS FOR COMMERCIAL AND

BIOMEDICAL PURPOSES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10173-A, RULES

222

NYS ASSEMBLY JUNE 4, 2024

REPORT NO. 417, COMMITTEE ON RULES (THIELE, OTIS.) AN ACT TO AMEND

THE LOCAL FINANCE LAW, IN RELATION TO THE ELECTRONIC OPEN AUCTION

PUBLIC BOND SALE PILOT PROGRAM.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10208, RULES REPORT

NO. 418, COMMITTEE ON RULES (PAULIN). AN ACT TO AMEND CHAPTER 471

OF THE LAWS OF 2023 RELATING TO AUTHORIZING THE CITY OF WHITE PLAINS TO

ALIENATE PROPERTY OWNED BY THE CITY OF WHITE PLAINS AND OPERATED AS

THE FORMER GALLERIA OF WHITE PLAINS PUBLIC PARKING GARAGE, IN RELATION

TO THE RELEVANT PARCELS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

223

NYS ASSEMBLY JUNE 4, 2024

(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. A10286, RULES REPORT

NO. 419, COMMITTEE ON RULES (ROSENTHAL). AN ACT TO AMEND THE

PUBLIC HOUSING LAW, IN RELATION TO REQUIREMENTS FOR CERTAIN CONTRACTS

FOR MATERIALS, SUPPLIES, OR SERVICES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10319, RULES REPORT

NO. 420, COMMITTEE ON RULES (PAULIN). AN ACT TO REPEAL SECTION 3372

OF THE PUBLIC HEALTH LAW.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10376-A, RULES

REPORT NO. 421, COMMITTEE ON RULES (KELLES). AN ACT TO AMEND THE

ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO AN EXEMPTION FOR

CERTAIN PROPERTY FROM THE PROHIBITION OF ALCOHOL SALES WITHIN A CERTAIN

DISTANCE FROM A CHURCH.

224

NYS ASSEMBLY JUNE 4, 2024

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

KELLES, 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.

THE CLERK: ASSEMBLY NO. A10400, RULES REPORT

NO. 422, COMMITTEES ON RULES (BRAUNSTEIN). AN ACT TO AMEND THE

COORDINATED CONSTRUCTION ACT FOR LOWER MANHATTAN, IN RELATION TO

EXTENDING THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A10401, RULES REPORT

423, COMMITTEES ON RULES (BRAUNSTEIN). AN ACT TO AMEND CHAPTER

322 OF THE LAWS OF 2014 RELATING TO JOINT BIDDING ON CONTRACTS FOR

PUBLIC WORK PROJECTS, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED AND THE BILL IS LAID ASIDE.

225

NYS ASSEMBLY JUNE 4, 2024

THE CLERK: ASSEMBLY NO. A10457, RULES REPORT

NO. 424, COMMITTEE ON RULES (WOERNER). AN ACT TO AMEND THE PRIVATE

HOUSING FINANCE LAW, IN RELATION TO PERMITTING CERTAIN HOME REPAIRS TO

BE FINANCED IN CONJUNCTION WITH ACCESSIBILITY IMPROVEMENTS THROUGH

THE ACCESS TO HOME PROGRAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED AND READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10462, RULES REPORT

NO. 425, COMMITTEE ON RULES (FALL). AN ACT TO AMEND CHAPTER 306 OF

THE LAWS OF 2011 AUTHORIZING OWNERS OF RESIDENTIAL REAL PROPERTY IN

HIGH RISK BRUSH FIRE AREAS IN THE BOROUGH OF STATEN ISLAND TO CUT AND

REMOVE REEDS FROM THEIR PROPERTY, 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

226

NYS ASSEMBLY JUNE 4, 2024

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. A10470, RULES REPORT

NO. 426, COMMITTEE ON RULES (DAVILA). AN ACT TO AMEND THE

ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO PROVIDING FOR A LICENSE

TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON CERTAIN PREMISES.

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.)

ACTING SPEAKER ZACCARO: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A10482, RULES REPORT

NO. 427, COMMITTEE ON RULES (KELLES). AN ACT TO AMEND CHAPTER 152

OF THE LAWS OF 2020 AMENDING THE ENVIRONMENTAL CONSERVATION LAW

RELATING TO AUTHORIZING HUNTING BIG GAME BY RIFLE IN THE COUNTY OF

TOMPKINS, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

ACTING SPEAKER ZACCARO: ON A MOTION BY

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

227

NYS ASSEMBLY JUNE 4, 2024

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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.

THE CLERK: ASSEMBLY NO. A10518-A, RULES

REPORT NO. 428, COMMITTEE ON RULES MR. (BRONSON, MEEKS.) AN ACT

TO AMEND CHAPTER 698 OF THE LAWS OF 1991 AMENDING THE PUBLIC

AUTHORITIES LAW AND THE EDUCATION LAW, RELATING TO THE CONSTRUCTION

AND FINANCING OF FACILITIES BY THE DORMITORY AUTHORITY FOR PRIVATE

SCHOOLS APPROVED PURSUANT TO ARTICLE 89 OF THE EDUCATION LAW, IN

RELATION TO INCLUDING MARY CARIOLA CHILDREN'S CENTER INC.

ACTING SPEAKER ZACCARO: ON A MOTION BY

MR. BRONSON, 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 ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

228

NYS ASSEMBLY JUNE 4, 2024

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

NOW PLEASE GO BACK TO OUR MAIN CALENDAR ON PAGE 3 FOR OUR CALENDAR

RESOLUTIONS.

ACTING SPEAKER ZACCARO: RESOLUTIONS, PAGE

3, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 2370, RULES AT THE

REQUEST OF MR. LAVINE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JUNE 4, 2024, AS CANCER SURVIVORS DAY IN

THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2371, RULES AT THE

REQUEST OF MRS. PEOPLES-STOKES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JUNE 2-8, 2024, AS HIDRADENITIS SUPPURATIVA

AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2372, RULES AT THE

229

NYS ASSEMBLY JUNE 4, 2024

REQUEST OF MR. ZEBROWSKI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JUNE 12, 2024, AS PHILIPPINE INDEPENDENCE

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2373, RULES AT THE

REQUEST OF MS. BARRETT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JUNE 2024, AS FARMERS MARKET APPRECIATION

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2374, RULES AT THE

REQUEST OF MR. DESTEFANO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JUNE 2024, AS GREAT OUTDOORS MONTH IN THE

STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2375, RULES AT THE

REQUEST OF MS. GLICK.

230

NYS ASSEMBLY JUNE 4, 2024

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JUNE 2024, AS GAY PRIDE MONTH IN THE STATE

OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2376, RULES AT THE

REQUEST OF MS. SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JULY 2024, AS FIBROID AWARENESS MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2377, RULES AT THE

REQUEST OF MS. PAULIN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM AUGUST 2024 AS AMBULATORY SURGERY CENTER

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

OF NATIONAL AMBULATORY SURGERY CENTER MONTH.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2378, RULES AT THE

REQUEST OF MR. CUNNINGHAM.

231

NYS ASSEMBLY JUNE 4, 2024

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM SEPTEMBER 2024, AS PERIPHERAL ARTERIAL

DISEASE AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2379, RULES AT THE

REQUEST OF MS. REYES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM SEPTEMBER 2024, AS BLOOD CANCER

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2380, RULES AT THE

REQUEST OF MR. BRONSON.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 11, 2024, AS COMING OUT DAY IN

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

COMING OUT DAY.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2381, RULES AT THE

REQUEST OF MR. MAHER.

232

NYS ASSEMBLY JUNE 4, 2024

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 20-26, 2024, AS RESPIRATORY CARE

WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2382, RULES AT THE

REQUEST OF MS. CHANDLER-WATERMAN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM NOVEMBER 30, 2024, AS BARBADOS FLAG DAY

IN THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2383, RULES AT THE

REQUEST OF MS. ROSENTHAL.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM NOVEMBER 2024, AS PANCREATIC CANCER

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 2384, RULES AT THE

REQUEST OF MR. EACHUS.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

233

NYS ASSEMBLY JUNE 4, 2024

KATHY HOCHUL TO PROCLAIM DECEMBER 3, 2024, AS INTERNATIONAL DAY OF

PERSONS WITH DISABILITIES IN THE STATE OF NEW YORK.

ACTING SPEAKER ZACCARO: ALL THOSE IN FAVOR

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

MRS. PEOPLES-STOKES.

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

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER ZACCARO: WE DO HAVE

HOUSEKEEPING AND RESOLUTIONS.

ON A MOTION BY MS. MCMAHON, PAGE 13, RULES

REPORT NO. 194, BILL NO. A9478, THE AMENDMENTS ARE RECEIVED AND

ADOPTED.

ON A MOTION BY MR. EPSTEIN, PAGE 23, RULES REPORT

NO. 354, BILL NO. A9755, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

AND MRS. PEOPLES-STOKES, WE HAVE A NUMBER OF FINE

RESOLUTIONS WHICH WE WILL TAKE UP WITH ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 2385-2404

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STANDS ADJOURNED AND THAT WE RECONVENE AT 9:30 A.M.,

WEDNESDAY, JUNE THE 5TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER ZACCARO: ON MRS.

234

NYS ASSEMBLY JUNE 4, 2024

PEOPLES-STOKES' MOTION THE HOUSE STANDS ADJOURNED.

(WHEREUPON, AT 10:48 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, JUNE 5TH AT 9:30 A.M., WEDNESDAY BEING A

SESSION DAY.)

235