MONDAY, MARCH 24, 2025 2:19 P.M.

ACTING SPEAKER HUNTER: THE HOUSE WILL

COME TO ORDER. GOOD AFTERNOON, COLLEAGUES.

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 HUNTER LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF FRIDAY, MARCH 21ST.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, I MOVE

NYS ASSEMBLY MARCH 24, 2025

TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MARCH THE 21ST

AND THAT THE SAME STAND APPROVED.

ACTING SPEAKER HUNTER: WITHOUT OBJECTION,

SO ORDERED.

MRS. PEOPLES-STOKES: THANK YOU. MEMBERS,

GUESTS THAT ARE IN THE CHAMBERS, I WANT TO SHARE A WORD WITH US TODAY

FROM REVEREND FRED SHUTTLESWORTH. FRED WAS AN AMERICAN BAPTIST

MINISTER, A CIVIL RIGHTS ACTIVIST WHO LED MANY FIGHTS OF SEGREGATION AND

OTHER FORMS OF RACISM DURING THE CIVIL RIGHTS MOVEMENT. HE ACTUALLY

WORKED WITH DR. MARTIN LUTHER KING. HIS WORDS FOR US TODAY: "NO

MAN CAN MAKE US HATE, AND NO MAN CAN MAKE US AFRAID." AGAIN, THE

WORDS FROM REVEREND FRED SHUTTLESWORTH.

MADAM SPEAKER, MEMBERS HAVE ON THEIR DESK A MAIN

CALENDAR WITH EIGHT NEW BILLS. AFTER YOU HAVE DONE ANY INTRODUCTIONS

AND/OR HOUSEKEEPING, WE'RE GOING TO TAKE UP CALENDAR RESOLUTIONS ON

PAGE 3, THEN WE ARE GOING TO CONSENT THE EIGHT NEW BILLS, THEY START ON

PAGE 4 ON THE CALENDAR. MAJORITY MEMBERS SHOULD BE AWARE THAT THERE

WILL BE A NEED FOR A CONFERENCE IMMEDIATELY FOLLOWING OUR WORK ON

THE FLOOR TODAY, AND AS ALWAYS WE'LL CHECK WITH OUR COLLEAGUES ON THE

OTHER SIDE TO DETERMINE WHAT THEIR NEEDS MAY BE.

MADAM SPEAKER, THAT'S A GENERAL OUTLINE OF WHERE

WE'RE GOING TODAY. IF YOU HAVE HOUSEKEEPING AND/OR INTRODUCTIONS,

NOW WOULD BE AN APPROPRIATE TIME. THANK YOU.

ACTING SPEAKER HUNTER: THANK YOU. WE DO

HAVE A PIECE OF HOUSEKEEPING.

NYS ASSEMBLY MARCH 24, 2025

ON A MOTION BY MR. STECK, PAGE 4, CALENDAR NO. 62,

BILL NO. A01820, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

WE ARE GOING TO GO TO SOME INTRODUCTIONS.

MS. HOOKS FOR THE PURPOSES OF AN INTRODUCTION.

MS. HOOKS: THANK YOU, MADAM SPEAKER. I RISE

TODAY TO WELCOME A GROUP OF YOUNG PEOPLE VISITING US FROM QUEENS

COMMUNITY HOUSE YOUTHBUILD PROGRAM WHICH PROUDLY SERVES THE

RESIDENTS OF MY DISTRICT AND NEIGHBORING RESIDENTS IN QUEENS. THESE

STUDENTS ARE PART OF A CONSTRUCTION-FOCUSED COHORT THAT'S WORKING HARD

TO EARN NOT JUST THEIR HIGH SCHOOL EQUIVALENCY, BUT ALSO INDUSTRY

CERTIFICATIONS LIKE PACT CERTIFICATE, OSHA 10 AND NCCER. THESE

ARE REAL CREDENTIALS THAT OPEN DOORS IN THE CONSTRUCTION TRADES AND HELP

SET THEM UP FOR LONG-TERM CAREERS. THEY'RE HERE TODAY WITH THEIR

PROGRAM DIRECTOR, FLAYONCE (PHONETIC) MASON WHO HAS BEEN A

CONSISTENT GUIDE AND SUPPORT IN THEIR JOURNEY. THE WORK HE AND THE

TEAM AT QUEENS COMMUNITY HOUSE ARE DOING IS INCREDIBLY IMPORTANT

HELPING YOUNG ADULTS WHO MAY HAVE STRUGGLED IN TRADITIONAL SETTINGS

GET BACK ON TRACK WITH EDUCATION, JOB TRAINING AND A CLEAR PATH

FORWARD. YOUTHBUILD ISN'T JUST ABOUT LEARNING SKILLS. IT'S ABOUT GIVING

PEOPLE A SECOND CHANCE AND THE STRUCTURE THEY NEED TO SUCCEED. THE

YOUNG PEOPLE VISITING US TODAY ARE SHOWING UP EVERY DAY PUTTING IN THE

WORK AND PROVING TO THEMSELVES AND OTHERS THAT THEY'RE CAPABLE OF

ACHIEVING GREAT THINGS. THEIR COMMITMENT REMINDS US WHY PROGRAMS

LIKE YOUTHBUILD MATTER. IT'S ABOUT BELIEVING IN POTENTIAL AND MAKING

SURE OUR COMMUNITIES HAVE THE TOOLS THEY NEED TO GROW FROM THE

NYS ASSEMBLY MARCH 24, 2025

GROUND UP. I'M PROUD TO RECOGNIZE THEM TODAY AND TO LET THEM KNOW

THIS CHAMBER SEES THEM, SUPPORTS THEM AND CELEBRATES WHAT THEY'RE

BUILDING, NOT JUST FOR THEMSELVES BUT FOR ALL OF US.

MADAM SPEAKER, PLEASE AFFORD THEM THE CORDIALITIES

OF THE HOUSE.

ACTING SPEAKER HUNTER: ON BEHALF OF MS.

HOOKS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU YOUNG

PEOPLE FROM YOUTHBUILD QUEENS, WELCOME YOU TO THE CHAMBER,

EXTEND THE PRIVILEGES OF THE FLOOR. WE HOPE YOU ENJOY OUR PROCEEDINGS

TODAY. THANK YOU SO VERY MUCH FOR JOINING US.

(APPLAUSE)

MR. DURSO FOR THE PURPOSES OF AN INTRODUCTION.

MR. DURSO: THANK YOU, MADAM SPEAKER. WE'RE

ALL VERY LUCKY TO WORK HERE. WE'RE ALSO MORE LUCKY WHEN WE HAVE

FAMILY COME TO VISIT. SO TODAY I WOULD LOOK TO INTRODUCE MY

SISTER-IN-LAW STACY DURSO AND MY NEPHEW, JACK DURSO WHO IS ALSO MY

GODSON. STACY IS NO STRANGER TO ALBANY, GOING TO SCHOOL HERE AT SIENA

AND MY BROTHER WORKED IN THESE HALLS, ALSO. THIS IS JACK'S FIRST VISIT TO

ALBANY. JACK IS AN ASPIRING BASEBALL PLAYER AND HE'S QUITE THE ATHLETE.

SO, MADAM SPEAKER, IF YOU COULD WELCOME THEM TO

THE FLOOR TODAY AND OFFER THEM ALL THE CORDIALITIES OF THE HOUSE, I

WOULD APPRECIATE IT.

ACTING SPEAKER HUNTER: OF COURSE. ON

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

ASSEMBLY CHAMBER. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.

NYS ASSEMBLY MARCH 24, 2025

THANK YOU FOR JOINING US TODAY, AND THANK YOU FOR ALLOWING YOUR

SON-IN-LAW, OR I GUESS BROTHER-IN-LAW AND UNCLE TO BE A PART OF OUR

TEAM. THANK YOU SO VERY MUCH FOR JOINING US.

(APPLAUSE)

RESOLUTIONS, PAGE 3, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 245, MS. BUTTENSCHON.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 19, 2025, AS SMALL BUSINESS

DEVELOPMENT CENTERS DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER HUNTER: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 246, MS. BAILEY.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 24, 2025, AS WOMEN IN AGRICULTURE

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER HUNTER: MS. BAILEY ON THE

RESOLUTION.

MS. BAILEY: THANK YOU, MADAM SPEAKER. IT'S MY

HONOR TO INTRODUCE THIS RESOLUTION PROCLAIMING TODAY AS WOMEN IN

AGRICULTURE DAY, IN CONJUNCTION WITH NATIONAL WOMEN IN AGRICULTURE

DAY AND WOMEN'S HISTORY MONTH.

HARDWORKING WOMEN, FARMERS PROVIDE NEW YORK

STATE, THE NATION AND MUCH OF THE WORLD A SAFE, HEALTHY AND AFFORDABLE,

ABUNDANT FOOD SUPPLY. CURRENTLY THERE ARE MORE THAN 1.2 MILLION

NYS ASSEMBLY MARCH 24, 2025

FEMALE AGRICULTURE PRODUCERS IN THE UNITED STATES MAKING UP MORE

THAN A THIRD OF THE AGRICULTURE PRODUCTION IN THE COUNTRY. IN 2022,

FARMS OPERATED BY WOMEN IN THE UNITED STATES SOLD 222 BILLION IN

AGRICULTURAL PRODUCTS ACCOUNTING FOR 36 PERCENT OF THE TOTAL AGRICULTURE

SALES IN THE UNITED STATES THAT YEAR. WORKING WOMEN IN AGRICULTURE

MAKE A DIFFERENCE ACROSS THE STATE IN VARIOUS COMMODITY AND INDUSTRY

FIELDS. IN ADDITION, WOMEN FARMERS ARE VITAL IN FOSTERING THE NEXT

GENERATION OF THE AGRICULTURAL WORKFORCE BY PROMOTING STEM,

AGRICULTURAL EDUCATION, IN ADDITION TO ENTREPRENEURIAL AND COMMUNITY

INITIATIVES. THEY SERVE AS MENTORS FOR 4-H, FFA AND THE COOPERATIVE

EXTENSION SYSTEM AND NUMEROUS POST-SECONDARY PROGRAMS. THE

CELEBRATION OF WOMEN IN AGRICULTURE DAY IS IN RECOGNITION OF THE

WOMEN FARMERS FROM ALL RACIAL, ETHNIC AND SOCIOECONOMIC

BACKGROUNDS WHO FEED US AND OUR FAMILIES EVERY DAY. AND OF THE

IMPORTANCE OF AGRICULTURE AS A VITAL INDUSTRY AND ECONOMIC DRIVER IN

THE STATE OF NEW YORK.

THANK YOU.

ACTING SPEAKER HUNTER: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 247, MS. SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 22-28, 2025, AS DOULA WEEK IN THE

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

DOULA WEEK.

NYS ASSEMBLY MARCH 24, 2025

ACTING SPEAKER HUNTER: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 248, MR. DESTEFANO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 23-29, 2025, AS CLEANING WEEK IN

THE STATE OF NEW YORK.

ACTING SPEAKER HUNTER: ON THE RESOLUTION,

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

ADOPTED.

THE CLERK: ASSEMBLY NO. 249, MS. WALSH.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 2025, AS AUTOIMMUNE AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER HUNTER: MS. WALSH ON THE

RESOLUTION.

MS. WALSH: THANK YOU, MADAM SPEAKER. GOOD

AFTERNOON, COLLEAGUES. I'M PROUD TO CARRY THIS RESOLUTION FOR THE FIRST

TIME THIS YEAR. IT WAS ACTUALLY BROUGHT TO MY ATTENTION BY A WOMAN

WHO LIVES IN MY DISTRICT. HER NAME IS REBECCA. SHE'S A MEDICAL

PROVIDER. SHE'S AN AUTOIMMUNE PATIENT AND SHE'S AN ADVOCATE FOR THE

AUTOIMMUNE ASSOCIATION. THERE ARE CURRENTLY 140 IDENTIFIED

AUTOIMMUNE DISEASES THAT CAN AFFECT ANY PART OF THE BODY INCLUDING

BLOOD, BLOOD VESSELS, MUSCLES, THE NERVOUS SYSTEM, ORGAN SYSTEMS AND

MORE, AND 80 PERCENT OF THE PEOPLE AFFECTED BY AUTOIMMUNE DISEASE

NYS ASSEMBLY MARCH 24, 2025

ARE WOMEN, WHICH IS SOMETHING I DID NOT KNOW. IT CAN BE A LITTLE BIT

HARD TO SOMETIMES GET A GOOD DIAGNOSIS. SOMETIMES IT TAKES ON

AVERAGE AROUND FOUR YEARS BECAUSE IT JUST -- IT'S JUST NOT -- IT'S NOT

KNOWN OR YOU DON'T JUMP TO THAT IDEA IMMEDIATELY THAT IT IS -- YOUR

SYMPTOMS ARE THE RESULT OF AN AUTOIMMUNE DISEASE. AUTOIMMUNE

DISEASES AFFECT THOUSANDS OF NEW YORKERS AND AN ESTIMATED 50 MILLION

IN THE UNITED STATES, SO IT IS VERY COMMON. IT'S RECOGNIZED NATIONALLY

-- AUTOIMMUNE AWARENESS MONTH IS RECOGNIZED NATIONALLY EVERY

MARCH WITH THE AIM OF PROMOTING AWARENESS AND UNDERSTANDING OF

AUTOIMMUNE DISEASES. AND BY THIS BODY RECOGNIZING THIS DAY, IT HELPS

TO RAISE AWARENESS AND TO EDUCATE THE PUBLIC TO ASSIST IN ADVOCATE

EFFORTS AND TO AMPLIFY THE VOICES OF THOSE LIVING WITH AUTOIMMUNE

DISEASE.

SO I'D LIKE TO THANK REBECCA FOR ASKING ME TO CARRY

THIS RESOLUTION AND I'D LIKE TO THANK MY COLLEAGUES IN ADVANCE FOR

SUPPORTING IT. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER HUNTER: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY NO. 250, MR. MCDONALD.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM APRIL 6, 2025, AS MISSING PERSONS DAY IN

THE STATE OF NEW YORK.

ACTING SPEAKER HUNTER: ON THE RESOLUTION,

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

NYS ASSEMBLY MARCH 24, 2025

ADOPTED.

ON CONSENT, PAGE 4, CALENDAR NO. 61, THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A00387-A, CALENDAR

NO. 61, ROZIC, SIMON, WEPRIN, SEAWRIGHT, HEVESI, TAYLOR, SCHIAVONI,

SHIMSKY, DESTEFANO, MCDONOUGH, EPSTEIN, BURDICK, CRUZ, PAULIN,

LEE, BRAUNSTEIN, COLTON, KIM, BICHOTTE HERMELYN. AN ACT TO AMEND

THE PUBLIC HEALTH LAW, IN RELATION TO REQUIRING HOSPITALS TO PROVIDE

LANGUAGE ASSISTANCE SERVICES.

ACTING SPEAKER HUNTER: THIS BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A01820, CALENDAR NO.

62 WAS PREVIOUSLY AMENDED ON THIRD READING.

ASSEMBLY NO. A01967-B, CALENDAR NO. 63, PAULIN,

SAYEGH, MANKTELOW. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

RELATION TO THE USE OF ELECTRONIC MONITORING DEVICES IN THE ROOMS OF

RESIDENTS IN ASSISTED LIVING RESIDENCES AND PATIENTS IN NURSING HOMES.

ACTING SPEAKER HUNTER: THIS BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A02124, CALENDAR NO.

64, HUNTER. AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE VILLAGE OF

EAST SYRACUSE TO PERMIT THAT THE OFFICE OF VILLAGE JUSTICE AND/OR

ASSOCIATE JUSTICE MAY BE HELD BY A NON-RESIDENT, PROVIDED THAT THEY

RESIDE IN THE TOWN OF DEWITT.

ACTING SPEAKER HUNTER: ON A MOTION BY MS.

NYS ASSEMBLY MARCH 24, 2025

HUNTER, 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 HUNTER: 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. A03392-A, CALENDER

NO. 65, LAVINE, BORES, DAVILA, GLICK, LEVENBERG, SIMON, WEPRIN. AN

ACT TO AMEND THE DOMESTIC RELATIONS LAW, IN RELATION TO ALLOWING FOR

NO FAULT SEPARATION.

ACTING SPEAKER HUNTER: 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 ON THE 60TH

DAY.

ACTING SPEAKER HUNTER: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY MARCH 24, 2025

THE BILL IS PASSED.

MRS. PEOPLES-STOKES FOR THE PURPOSES OF AN

INTRODUCTION.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

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

OF INTRODUCING ON BEHALF OF OUR COLLEAGUE, MS. GONZ�LEZ-ROJAS,

WELCOME THE WORLD SIKH PARLIAMENT TO OUR CHAMBERS AND ITS LEADERS.

KAMET SINGH (PHONETIC), WHO IS A CONSTITUENT OF OUR COLLEAGUE. THE

WORLD SIKH PARLIAMENT IS THE LEADING VOICE FOR SIKHS WORLDWIDE AND

IT'S DEDICATED TO EDUCATION, ADVOCACY, AND COMMUNITY SERVICE FOR THE

SIKH COMMUNITY IN NEW YORK AND ACROSS THE GLOBE. THEY'RE HERE FOR A

"CHIC DAY OF ACTION," MADAM SPEAKER. ON BEHALF OF OUR COLLEAGUE,

WOULD YOU PLEASE WELCOME THESE GUESTS TO OUR CHAMBERS AND ALLOW

THEM THE CORDIALITIES OF THE FLOOR.

ACTING SPEAKER HUNTER: THANK YOU. ON

BEHALF OF MRS. PEOPLES-STOKES, MS. GONZ�LEZ-ROJAS, THE SPEAKER AND

ALL MEMBERS, WE WELCOME YOU WORLD SIKH PARLIAMENT MEMBERS TO OUR

ASSEMBLY CHAMBER TODAY. WE EXTEND THE PRIVILEGES OF THE FLOOR TO

YOU. HOPE YOU ENJOY OUR PROCEEDINGS. THANK YOU SO VERY MUCH FOR

JOINING US HERE TODAY.

(APPLAUSE)

ON CONSENT, PAGE 4, CALENDER NO. 66, THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A05295, CALENDER NO.

66, SCHIAVONI. AN ACT TO AMEND THE INDIAN LAW, IN RELATION TO THE

NYS ASSEMBLY MARCH 24, 2025

REINSTATEMENT OF STATE RECOGNITION AND ACKNOWLEDGEMENT OF THE

MONTAUKETT INDIAN NATION

ACTING SPEAKER HUNTER: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER HUNTER: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. SCHIAVONI TO EXPLAIN HIS VOTE.

MR. SCHIAVONI: THANK YOU, MADAM SPEAKER. I

RISE TODAY TO EXPLAIN MY VOTE IN SUPPORT OF THIS RESOLUTION, WHICH IS

ESSENTIALLY AN AMENDMENT TO SECTION II, ARTICLE II AND THE ADDITION OF

SECTION 11 OF NEW YORK STATE INDIAN LAW, WHICH WOULD ESSENTIALLY

RESTORE RECOGNITION OF THE MONTAUKETT INDIAN NATION.

IN 1910, THE MONTAUKETTS WERE STRIPPED OF THEIR STATE

RECOGNITION IN A COURT DECISION, AND THE COURT RULED THAT THE TRIBE HAD

DISINTEGRATED AND HAD BEEN ABSORBED INTO THE MASS OF CITIZENS, AND AT

THE TIME OF COMMENCEMENT OF THIS ACTION THERE WAS NO TRIBE OF

MONTAUKETT INDIANS. THAT WAS IN 1910. NOW THE IRONY IN THAT IS THAT

THE JUDGE PRESIDING OVER THE CASE SPOKE THOSE WORDS IN FRONT OF 75

MEMBERS OF THE MONTAUKETT INDIAN NATION THAT WERE PRESENT IN THAT

COURTROOM AT THAT TIME. THAT COURT CASE WAS PHARAOH V. BENSON.

AT THE TIME -- OR THE JUDICIAL BRANCH IT IS OUR

CONTENTION HAD NO AUTHORITY TO DISSOLVE THE RECOGNITION OF THAT NATION,

ONLY CONGRESS OF THE UNITED STATES HAD THAT POWER AT THAT TIME. SO, I

NYS ASSEMBLY MARCH 24, 2025

WANT TO APPLAUD MY PREDECESSOR AND CARRY ON HIS EFFORTS, THAT WAS

ASSEMBLYMAN FRED THIELE, IN THE HOPES THAT THIS LEGISLATION WILL

CONTINUE TO SHINE THE LIGHT ON THE MISTAKES THAT WE HAVE MADE IN THE

PAST.

SO, ON BEHALF OF BOB PHARAOH, DENICE SHEPPARD,

GEORGE PHARAOH, SANDI BREWSTER-WALKER, CHARLES CERTAIN, DAVID

FRED, PETER LORRAINE, MACKENZIE PHARAOH AND SAGE CERTAIN AND THE

HUNDREDS OF OTHER PEOPLE WHO LIVE ON LONG ISLAND AND ACROSS THE STATE

OF NEW YORK WHO ARE IN FACT MONTAUKETTS, I PROUDLY CAST MY VOTE IN

THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER HUNTER: THANK YOU.

MR. SCHIAVONI IN THE AFFIRMATIVE.

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER, TO EXPLAIN MY VOTE. FIRST OF ALL, I WANT TO HONOR THE SPONSOR

OF THIS PIECE OF LEGISLATION. I THINK IT'S CRITICALLY IMPORTANT IN THESE

DAYS AND TIMES THAT WE ALWAYS ACKNOWLEDGE THOSE WHO CAME BEFORE

US, AND CLEARLY THIS TRIBE OF NATIVE AMERICANS WERE HERE IN AMERICA,

AND I THINK IT'S UNFORTUNATE THAT THEY HAD THE EXPERIENCE THAT THEY DID,

BUT NOW THEY HAVE SOMEONE WHO REPRESENTS THEM THAT WILL TREAT THEM

HONESTLY AND FAIRLY. SO I JUST WANT TO COMMEND HIM FOR DOING SUCH.

THANK YOU VERY MUCH, SIR, AND THANK YOU, MADAM

SPEAKER, FOR ALLOWING ME TO EXPLAIN MY YES VOTE.

ACTING SPEAKER HUNTER: THANK YOU.

MRS. PEOPLES-STOKES IN THE AFFIRMATIVE.

NYS ASSEMBLY MARCH 24, 2025

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06769, CALENDER NO.

67, JONES. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW AND THE

EXECUTIVE LAW, IN RELATION TO REQUIRING MUNICIPAL CYBERSECURITY

INCIDENT OR RANSOMWARE ATTACK REPORTING AND EXEMPTING SUCH REPORTS

FROM FREEDOM OF INFORMATION REQUIREMENTS; AND TO AMEND THE STATE

TECHNOLOGY LAW, IN RELATION TO REQUIRING CYBERSECURITY AWARENESS

TRAINING.

ACTING SPEAKER HUNTER: READ THE LAST

SECTION.

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

DAY.

ACTING SPEAKER HUNTER: 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. A06773, CALENDAR NO.

68, PAULIN, MCDONALD. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

RELATION TO REMOVING THE REQUIREMENT THAT CONSENT FOR THE PAYMENT OF

CERTAIN MEDICAL SERVICES MUST OCCUR AFTER SUCH SERVICES ARE

ADMINISTERED.

NYS ASSEMBLY MARCH 24, 2025

ACTING SPEAKER HUNTER: THIS BILL IS LAID

ASIDE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, IF WE

CAN HAVE COLLEAGUES TURN THEIR ATTENTION TO CALENDAR NO. 15.

ACTING SPEAKER HUNTER: CAN WE HAVE QUIET

IN THE CHAMBER, PLEASE?

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER.

IF WE CAN NOW TURN OUR ATTENTION TO CALENDAR NO. 15

BY MS. SOLAGES AND CALENDAR NO. 31 BY MR. WEPRIN. THESE BOTH WILL

BE ON DEBATE.

ACTING SPEAKER HUNTER: THANK YOU. PAGE 9,

CALENDAR NO. 15, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01550, CALENDAR NO.

15, SOLAGES. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN

RELATION TO CERTIFICATION OF CLASS ACTIONS IN CASES INVOLVING GOVERNMENT

OPERATIONS.

ACTING SPEAKER HUNTER: AN EXPLANATION HAS

BEEN REQUESTED.

MS. SOLAGES.

MS. SOLAGES: IN NEW YORK STATE, COURTS HAVE

GENERALLY BEEN UNWILLING TO CERTIFY A CLASS ACTION WHEN GOVERNMENTAL

OPER -- OPER -- OPERATIONS, EXCUSE ME, ARE INVOLVED. THE REASONING

THAT A CLASS ACTION IS NOT SUPERIOR OR OTHER AVAILABLE METHODS TO

NYS ASSEMBLY MARCH 24, 2025

LITIGANTS. THE IDEA THAT GOVERNMENT IS A SPECIAL LITIGANT IS INCORRECT

AND UNJUST AND ALL NEW YORKERS SHOULD BE ABLE TO STEP EQUALLY BEFORE

THE COURT. THIS BILL WOULD PROHIBIT A CLASS CERTIFICATION FROM BEING

DENIED BECAUSE THE ACTION IS AGAINST A GOVERNMENTAL OPERATION WHEN

THE PREREQUISITES HAVE BEEN SATISFIED.

ACTING SPEAKER HUNTER: MS. WALSH.

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

SPONSOR YIELD?

ACTING SPEAKER HUNTER: WILL THE SPONSOR

YIELD?

MS. SOLAGES: YES.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU VERY MUCH. SO WE

DISCUSSED THIS BILL LAST YEAR WHEN IT PASSED WITH 50 NO VOTES AND WAS

LATER VETOED BY THE GOVERNOR. SO HAS THE BILL BEEN MODIFIED AT ALL

SINCE LAST YEAR?

MS. SOLAGES: NO. THE BILL HAS NOT BEEN MODIFIED

BECAUSE WE TRULY BELIEVE THAT IT'S IN ITS BEST FORM, AND SO WE ARE

CHANGING THE EXTERNAL STRATEGY BUT WE'RE PUSHING FORWARD WITH THE

SAME LANGUAGE.

MS. WALSH: VERY GOOD. SO WHAT DOES THIS BILL TRY

TO DO?

MS. SOLAGES: SO IT JUST -- THE BILL JUST STATES THAT

COURTS CANNOT DENY A CLASS CERTIFICATION SOLELY BECAUSE A LAWSUIT

INVOLVES A GOVERNMENTAL OPERATION, AND WE WANT TO MAKE SURE THAT

NYS ASSEMBLY MARCH 24, 2025

INDIVIDUALS WILL BE ABLE TO SEEK JUSTICE, ESPECIALLY AGAINST A

GOVERNMENT. YOU KNOW, GOVERNMENT BY VIRTUE OF ITS PUBLIC ROLE

SHOULD BE HELD AT A HIGHER STANDARD OF ACCOUNTABILITY AND TRANSPARENCY.

AND SO TREATING A GOVERNMENT OF A SPECIAL LITIGANT IS REDUCING

ACCOUNTABILITY AND IT'S UNDERMINING THE PUBLIC TRUST. SO ALL WE'RE

SAYING IS THAT, YOU KNOW, YOU HAVE TO CERTIFY ALL THE OTHER REQUIREMENTS

BY JUST -- YOU CAN'T DENY A LAWSUIT, A CLASS ACTION LAWSUIT JUST BECAUSE

IT'S AGAINST A GOVERNMENTAL OPERATION.

MS. WALSH: BUT AREN'T CLASS ACTION LAWSUITS

CURRENTLY ALLOWABLE AGAINST GOVERNMENTAL ENTITIES IN THE SOUND

DISCRETION OF THE COURT?

MS. SOLAGES: SO THERE -- THERE IS AMBIGUITY WHEN

IT COMES TO THAT, AND SO WE WANT TO MAKE IT VERY CLEAR THAT YOU CAN

PROCEED IF YOU'RE A CLASS ACTION LAWSUIT.

MS. WALSH: WHAT -- WHAT AMBIGUITY ARE YOU

REFERRING TO? THIS HAS BEEN SETTLED CASE LAW FOR LIKE 50 YEARS. IF YOU

REALLY DON'T THINK THAT THE JUDGES UNDERSTAND THAT THEY HAVE DISCRETION?

(PAUSE)

MS. SOLAGES: NO. SO WE JUST WANT TO MAKE IT

CLEAR BECAUSE THERE ARE TIMES WHERE THERE'S NOT LEGAL CONSISTENCY, AND

WE WANT TO MAKE SURE THAT WE FOLLOW ESTABLISHED PRECEDENTS AND THAT

ALL CASES ARE TREATED ALIKE. AND SO WE WANT TO BE VERY CLEAR IN THE LAW

THAT MAKE -- THAT MAKE SURE THAT GOVERNMENTS ARE NOT GIVEN SPECIAL

TREATMENT AND THAT, YOU KNOW, CLASS ACTION LAWSUITS WHICH IS AN AVENUE

FOR A LOW INCOME, FOR, YOU KNOW, DISENFRANCHISED, MARGINALIZED

NYS ASSEMBLY MARCH 24, 2025

COMMUNITIES WILL HAVE ACCESS TO THE COURT SYSTEM. SO THERE ARE TIMES

WHERE PEOPLE BELIEVE THAT THE GOVERNMENT IS A SPECIAL LITIGANT, AND WE

WANT TO JUST MAKE IT CLEAR THAT THE GOVERNMENT IS NOT A SPECIAL LITIGANT.

MS. WALSH: WELL, I GUESS WHAT I WAS ASKING IS,

WHY YOU WOULD WANT TO TAKE DISCRETION AWAY FROM OUR JUDGES ON THIS

ISSUE AS THEY HAVE ENJOYED FOR MANY YEARS? DO YOU HAVE ANY DATA

SUGGESTING THAT THIS CURRENT LONGSTANDING PROCESS FOR CERTIFYING CLASS

ACTIONS AGAINST GOVERNMENTAL ENTITIES IS NECESSARY?

MS. SOLAGES: SO WE ARE NOT TAKING AWAY THE

JUDGES' DISCRETION. JUDGES HAVE DISCRETION AT THIS POINT, BUT RIGHT NOW

WANTED TO GET A GOVERNMENTAL ENTITY, WE WANT TO MAKE IT CLEAR THAT THE

GOVERNMENT IS NOT A SPECIAL LITIGANT, AND I KNOW THAT THERE ARE MANY

CASES WHERE INDIVIDUALS WANT TO SUE THE GOVERNMENT AND WE WANT

THEM TO MAKE SURE, BECAUSE WE SHOULD BE HELD LIABLE. WE SHOULD NOT

BE A SPECIAL ENTITY. GOVERNMENT SHOULD NOT BE SUPERIOR TO THE PEOPLE.

RIGHT NOW WE ARE ALL HERE TO SERVE THE PEOPLE AND, YOU KNOW, THE

COURTS IS AN AVENUE FOR -- FOR OUR INDIVIDUALS TO HAVE THAT SAY.

MS. WALSH: BUT WHY WOULD WE WANT TO REVERSE

SETTLED CASE LAW FROM THE COURT OF APPEALS, WHICH IS OUR STATE'S

HIGHEST COURT THAT IS 50 YEARS OLD, AND THAT ALREADY CONTAINS NUMEROUS

EXCEPTIONS OF CASES AGAINST GOVERNMENTAL ENTITIES THAT DO QUALIFY AS

CLASS ACTIONS?

MS. SOLAGES: SO ARE YOU SAYING THAT WE DON'T --

WE SHOULDN'T MAKE IT SO THAT THE PEOPLE DON'T HAVE ACCESS TO JUSTICE,

THAT THE AVERAGE NEW YORKER WHO MAY NOT BE ABLE TO SUE ON THEIR OWN

NYS ASSEMBLY MARCH 24, 2025

BUT CAN SUE IN A GROUP CLASS ACTION LAWSUIT SHOULDN'T BE ABLE TO SEEK

JUSTICE AGAINST THE GOVERNMENT?

MS. WALSH: NO, THEY ALREADY -- THEY ALREADY CAN

SEEK JUSTICE AND -- AND THEY DO AND THE COURTS DO HAVE AN ABILITY TO

GRANT AND CERTIFY CLASS ACTIONS UNDER OUR CURRENT LAW. THAT'S BEEN VERY

WELL ESTABLISHED.

MS. SOLAGES: SO --

MS. WALSH: WE HAVE FIVE DIFFERENT -- A NUMBER OF

DIFFERENT EXCEPTIONS THAT ARE ALREADY ALLOWED LIKE -- AND I'LL JUST PUT

THIS ON THE RECORD, I GUESS -- THEY'VE CARVED OUT EXCEPTIONS AMONG OR

WHERE THE GOVERNMENTAL ENTITY HAS REPEATEDLY FAILED TO COMPLY WITH

THE COURT ORDERS AFFECTING THE PROPOSED CLASS, RENDERING A DOUBTFUL THAT

STARE DECISIS 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, OR, FOUR, THAT THE CONDITIONS SOUGHT TO

BE REMEDIED BY PLAINTIFFS POSE AN IMMEDIATE THREAT THAT CANNOT AWAIT

INDIVIDUAL DETERMINATIONS. SO WE ALREADY HAVE THAT. IT -- IT ALMOST

SOUNDS AS THOUGH YOU'RE -- YOU'RE CONCERNED THAT POTENTIAL LITIGANTS

AREN'T AWARE THAT THEY HAVE THE RIGHT TO BRING A CLASS ACTION AGAINST

GOVERNMENTAL ENTITIES, SO --

MS. SOLAGES: UNDER EXISTING COURT RULES, CLASS

ACTIONS INVOLVING A GOVERNMENTAL AGENCY ARE OFTEN BARRED BECAUSE ONE

PERSON CAN BRING THE SAME LAWSUIT AND WIN FOR THE ENTIRE CLASS. SO ALL

WE'RE SAYING IS THAT WE -- WE DON'T -- YOU KNOW, INDIVIDUALS

NYS ASSEMBLY MARCH 24, 2025

INDIVIDUALLY CANNOT OR MAY NOT HAVE THE RESOURCES TO SUE, AND THAT WE

WANT TO MAKE IT VERY CLEAR IN THE LAW THAT INDIVIDUALS CAN JOIN A CLASS

ACTION LAWSUIT AND BE ABLE TO SUE THE GOVERNMENT. SO IT'S -- IT'S JUST

ABOUT CLARITY FOR THE AVERAGE PERSON SO THAT THEY UNDERSTAND THAT THEY

CAN -- THAT THE COURT CANNOT DENY IT SOLELY BECAUSE IT INVOLVES A

GOVERNMENT OPERATION. AND WE'RE NOT LIMITING JUDICIAL DISCRETION BY

ASKING THE COURT TO CONSIDER THE MERITS OF A CASE. IF THIS LIMITS

ANYTHING, IT LIMITS INDISCRETION, AND THAT ALLOWS A COURT TO BE SHIELDED

AGAINST CLASS ACTION LAWSUITS. SO WE JUST WANT TO MAKE IT VERY CLEAR IN

THE LAW THAT IF INDIVIDUALS WANT TO SUE, THAT THE GOVERNMENT IS NOT A

SPECIAL ENTITY. TO ME THIS IS ABOUT GOOD GOVERNMENT. THIS IS ABOUT

MAKING SURE THAT PEOPLE HAVE ACCESS TO THE COURTS AND THAT IF THERE ARE

INSTANCES WHEN GOVERNMENT HAS DONE WRONG, THAT THERE IS A REMEDY.

MS. WALSH: SO, BUT ISN'T -- ISN'T IT TRUE THAT COURTS

DO NOT CURRENTLY HAVE THE AUTHORITY TO REFUSE CERTIFICATIONS SOLELY

BECAUSE THE ACTION INVOLVES GOVERNMENTAL OPERATIONS? INSTEAD, A COURT

CAN DENY CLASS CERTIFICATION ONLY WHERE THE ACTION INVOLVES

GOVERNMENTAL OPERATIONS, AND THE COURT DETERMINES THAT THE CLASS

ACTION IS NOT SUPERIOR TO INDIVIDUAL SUITS.

MS. SOLAGES: SO RIGHT NOW THE -- SO --

(PAUSE)

YEAH, SO BACK TO THE POINT. SO THE -- THE COURT CAN

DECIDE, AS WE -- AS YOU SAID BEFORE, TO PROCEED WITH IT, BUT THEY ALSO

HAVE THE OPTION NOT TO PROCEED WITH IT BECAUSE THEY COULD SAY THAT THIS

IS, YOU KNOW, THIS IS A GOVERNMENTAL ENTITY AND WE DON'T WANT TO DO A

NYS ASSEMBLY MARCH 24, 2025

CLASS ACTION LAWSUIT. SO THEY -- THEY -- RIGHT NOW AT THIS POINT CAN JUST

DECIDE SOLELY ON THE FACT THAT THIS IS A GOVERNMENT OPERATION AND

DECLINE THE OPPORTUNITY FOR A CLASS ACTION. AND SO WE JUST WANT TO

MAKE IT VERY CLEAR THAT THEY CANNOT DENY IT SOLELY BECAUSE IT'S A

GOVERNMENTAL OPERATION.

MS. WALSH: WELL, IF THIS BILL BECOMES LAW, WOULD

YOU EXPECT THERE TO BE MORE CLASS ACTION LAWSUITS AGAINST

GOVERNMENTAL ENTITIES? WOULD THAT BE YOUR EXPECTATION?

MS. SOLAGES: SO, YOU KNOW, WE LIVE IN AMERICA.

ANYONE CAN BRING UP LAWSUITS OR A CLASS ACTION. IT DOESN'T MEAN THAT IT

IS VALID ON ITS MERITS. IT STILL HAS TO GO THROUGH THE JUDICIAL PROCESS. SO

AT THE END OF THE DAY, IS YOUR QUESTION WHETHER --

MS. WALSH: DO YOU THINK THERE'D STILL BE MORE?

MS. SOLAGES: -- THE STATE WILL PAY OUT MORE, OR

WHETHER PEOPLE ARE GOING TO BRING LAWSUITS? BUT THIS IS -- YOU KNOW,

THAT'S THE BEAUTY OF AMERICA. IF YOU FEEL THAT YOU'RE WRONG, YOU HAVE

AN OPPORTUNITY TO HAVE YOUR DAY IN COURT. AND I THINK THAT AS

LEGISLATORS WE SHOULDN'T BE DENYING PEOPLE THE OPPORTUNITY TO HAVE

THEIR DAY IN COURT. THIS IS WHY NEW YORK STATE AND AMERICA IS ONE OF

THE GREATEST PLACES IN THE WORLD.

MS. WALSH: WELL, I THINK WE CAN AGREE ON THAT. I

-- I THINK -- WHAT I'M ASKING IS, DO YOU THINK THAT THERE'LL BE MORE CLASS

ACTIONS CERTIFIED AGAINST GOVERNMENTAL ENTITIES? I THINK YOUR ANSWER

WOULD BE YES.

MS. SOLAGES: YOU KNOW, IT -- IT'S ABOUT

NYS ASSEMBLY MARCH 24, 2025

ACCOUNTABILITY, SO HOPEFULLY THE GOVERNMENT SEES THAT THEY NEED TO BE

MORE ACCOUNTABLE TO THE PEOPLE. SO IF GOVERNMENT IS NOT OPERATING IN

A WAY THAT CERTIFIES THE PUBLIC TRUST, THEN PEOPLE SHOULD HAVE RECOURSE.

WILL THIS INITIATE SOMETHING? MAYBE, MAYBE NOT. YOU KNOW, WE CAN'T

JUST SIT HERE AND TALK ABOUT HYPOTHETICALS. WE CAN SIT HERE ALL DAY AND

TALK ABOUT HYPOTHETICALS AND EXCEED OUR FOUR HOURS. LET -- LET SEE WHAT

HAPPENS, BUT I DO BELIEVE THAT PEOPLE SHOULD HAVE THE RIGHT TO JOIN A

CLASS ACTION LAWSUIT BECAUSE IT REALLY IS GOING TO GIVE PEOPLE WHO ARE

LOW INCOME, ELDERLY, DIFFERENTLY -- DIFFERENTLY-ABLED AN ABILITY TO SEEK

JUSTICE WHEN THEY'RE -- THEY'RE WORKING AS A GROUP.

MS. WALSH: WELL, I CERTAINLY DON'T WANT TO EXCEED

OUR -- OUR DEBATE CAP ON THIS BILL.

MS. SOLAGES: I APPRECIATE THAT.

MS. WALSH: I DON'T WANT TO RIDDLE YOU WITH

HYPOTHETICALS EITHER, BUT IF -- IF THERE WERE MORE CLASS ACTION LAWSUITS

AS A RESULT OF THIS LEGISLATION, WOULD THAT THEN RESULT IN HIGHER LITIGATION

COSTS, WOULD YOU SAY?

MS. SOLAGES: SO AGAIN, WE CAN TALK ABOUT

HYPOTHETICALS. YOU KNOW, I DO BELIEVE THAT GOVERNMENT IS FUNCTIONING

AT A LEVEL, BUT, YOU KNOW, AGAIN, THERE'S AN INDIVIDUAL OR INDIVIDUALS

WHO MAY NOT SEE THAT. AND SO THEY SHOULD HAVE AN OPPORTUNITY TO

HAVE THEIR DAY IN COURT AND, YOU KNOW, I -- I HOPE THAT WE'RE NOT

IMPLYING THAT WE DON'T WANT PEOPLE TO SEEK JUSTICE HERE IN THE -- IN THE

STATE. I HOPE WE'RE NOT IMPLYING THAT IF THERE'S MISCONDUCT, THAT WE

SHOULD BE SHIELDING GOVERNMENT FROM MISCONDUCT. THAT'S NOT

NYS ASSEMBLY MARCH 24, 2025

SOMETHING THAT I STAND FOR AS AN ELECTED OFFICIAL, AND SO IF THERE ARE

INDIVIDUALS WHO HAVE GRIEVANCE, WE SHOULD BE ALLOWING THEM TO SEEK

DAMAGES. AND THEN IF THERE IS AN AWARD, THEN, YOU KNOW, MAYBE

GOVERNMENT CAN DO BETTER.

MS. WALSH: THANK YOU VERY MUCH FOR ANSWERING

MY QUESTIONS.

MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER HUNTER: ON THE BILL.

MS. WALSH: SO LAST YEAR WHEN WE HAD BIPARTISAN

OPPOSITION TO THIS BILL, THE GOVERNOR ENDED UP VETOING IT. AND IN HER

VETO MESSAGE SHE STATES: I VETOED THIS BILL LAST YEAR. COURTS HAVE THE

DISCRETION TO ADDRESS THE ISSUES CONTEMPLATED BY THIS LEGISLATION. AS I

SAID IN LAST YEAR'S VETO MESSAGE, THAT DISCRETION SHOULD NOT BE

DISTURBED. SO I WOULD AGREE WITH THE GOVERNOR ON THAT. I THINK THAT

UNDER OUR CURRENT LAW, THE CPLR ALLOWS PLAINTIFFS TO JOIN TOGETHER IN A

CLASS ACTION LAWSUIT IF ALL OF THE PREREQUISITES OF SECTION 901 ARE MET

INCLUDING NUMEROSITY, COMMONALITY, TYPICALITY AND ADEQUACY OF

REPRESENTATION. THEY ALSO NEED TO SHOW THAT THE CLASS ACTION IS

SUPERIOR TO OTHER AVAILABLE METHODS FOR THE FAIR AND EFFICIENT

ADJUDICATION OF THE CONTROVERSY. THE LEGISLATION -- THIS LEGISLATION

STATES THAT A COURT SHALL NOT DENY OR WITHHOLD CLASS CERTIFICATIONS SOLELY

BECAUSE THE ACTION INVOLVES GOVERNMENTAL OPERATIONS, BUT CLASS ACTION

LAWSUITS ARE CURRENTLY ALLOWABLE AGAINST GOVERNMENTAL ENTITIES AND --

AND THAT'S JUST IN THE SOUND DISCRETION OF THE COURT. I DON'T SEE ANY

REASON TO DISTURB A PROCESS THAT HAS BEEN IN PLACE FOR MANY DECADES.

NYS ASSEMBLY MARCH 24, 2025

THROUGH CASE LAW WE HAVE A NUMBER OF EXCEPTIONS THAT I -- I

MENTIONED DURING THE DEBATE. THERE'S A NUMBER OF DIFFERENT

EXCEPTIONS TO THE GENERAL RULE, AND I JUST DON'T SEE ANY REASON TO BE

DOING THIS OTHER THAN I -- I -- I DON'T BELIEVE THAT THERE'S ANY CLARITY THAT

REALLY NEEDS TO OCCUR OTHER THAN WHAT WE'VE ALREADY GOT.

I'LL NOTE THAT THE -- NYSAC IS OPPOSED TO THIS

LEGISLATION, BUT OF COURSE OUR FRIENDS, THE TRIAL LAWYERS SUPPORT IT,

BECAUSE WE KNOW, AND I -- I CERTAINLY LEARNED THIS AS A YOUNG ATTORNEY,

THAT CLASS ACTIONS ARE VERY, VERY PROFITABLE FOR LAW FIRMS. THEY GET A

VERY HIGH HOURLY RATE FOR -- FOR CLASS ACTION LAWSUITS AND IN THE END,

LAWSUITS BROUGHT AGAINST GOVERNMENTAL ENTITIES THAT ARE ALLOWED WILL

RESULT IN HIGH LITIGATION COSTS, WHICH THE TAXPAYERS WILL PAY THE BRUNT

OF. AND I JUST DON'T SEE A NEED TO, AS THE GOVERNOR SAID, DISRUPT THE

SOUND DISCRETION OF THE COURT OR DISRUPT A -- A SETUP THAT WE'VE HAD VERY

SUCCESSFULLY I THINK OVER A NUMBER OF DECADES.

SO FOR THAT REASON I'LL CONTINUE TO BE IN THE NEGATIVE

AND I WOULD ENCOURAGE MY COLLEAGUES TO ALSO VOTE NO.

ACTING SPEAKER HUNTER: THANK YOU.

MR. ANGELINO.

MR. ANGELINO: THANK YOU, MADAM SPEAKER.

WILL THE SPONSOR YIELD?

ACTING SPEAKER HUNTER: WILL THE SPONSOR

YIELD?

MS. SOLAGES: YES, MADAM SPEAKER.

ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.

NYS ASSEMBLY MARCH 24, 2025

MR. ANGELINO: GOOD AFTERNOON. I KNOW THOSE

WHO OPPOSE THIS AND THE GOVERNOR HERSELF IN HER VETO MESSAGE WAS

CONCERNED ABOUT THE AMOUNT OF MONEY THAT MIGHT BE AWARDED IN A

CLASS ACTION, BUT DOES THIS REQUIRE A MONETARY AWARD, OR CAN IT JUST BE A

CHANGE IN POLICY?

MS. SOLAGES: NO. THIS BILL DOESN'T REQUIRE ANY

MONETARY AWARD. IT JUST SAYS THAT IF THIS IS A CLASS ACTION LAWSUIT

AGAINST A GOVERNMENT ENTITY, IT CAN PROCEED AND THE JUDGE CANNOT DENY

IT SOLELY BECAUSE IT'S AGAINST A GOVERNMENT ENTITY. SO YOU STILL HAVE TO

HEAR OUT THE CASE. THERE STILL NEEDS TO BE DELIBERATION. IT NEEDS TO

SATISFY, YOU KNOW, THE CERTIFICATION OF ARTICLE IX. AND SO, YOU KNOW,

WE'RE NOT SAYING THAT, YOU KNOW, THIS IS AN END-ALL. WE'RE JUST SAYING

THAT WE WANT TO HOLD GOVERNMENT ACCOUNTABLE.

IMAGINE THOSE LOW INCOME INDIVIDUALS WHO LIVE IN A

PUBLIC HOUSING FACILITY THAT HAS NOT BEEN TAKEN CARE OF. THEY SHOULD

HAVE THE OPPORTUNITY TO SUE GOVERNMENT IF THE GOVERNMENT IS DOING

WRONG BY THEM. THERE ARE MANY INSTANCES I COULD THINK OF WHERE

GOVERNMENT HAS WRONGED PEOPLE AND, YOU KNOW, THE COURT SHOULD BE

AN AVENUE FOR PEOPLE TO SEEK REMEDIES. AND SO ALL WE'RE SAYING IS THAT

A -- A -- A CLASS ACTION LAWSUIT CANNOT BE DENIED SOLELY BECAUSE IT

INVOLVES A GOVERNMENT ENTITY OR GOVERNMENT OPERATIONS. AND RIGHT

NOW THE LAW IS UNCLEAR. AND SO WE JUST WANT TO GIVE PEOPLE AN AVENUE

TO BE ABLE TO SEEK JUSTICE.

MR. ANGELINO: AND THIS DOES NOT -- THIS DOESN'T

REQUIRE -- IF A JUDGE FINDS IT OR WAS A CERTAIN CLASS OF PEOPLE WRONGED,

NYS ASSEMBLY MARCH 24, 2025

IT DOESN'T REQUIRE A MONETARY AWARD. IT COULD JUST BE A CHANGE IN A

REGULATION OR RULING.

MS. SOLAGES: SO NOW YOU'RE TALKING ABOUT THE --

THE MERITS OF A CASE.

MR. ANGELINO: RIGHT.

MS. SOLAGES: THAT'S DIFFERENT. ALL WE'RE SAYING IS

THAT IF SOMEONE WERE TO SUBMIT THIS -- A CLASS ACTION LAWSUIT, A JUDGE

CAN'T JUST SAY, WELL, OH, THIS INVOLVES A GOVERNMENT ENTITY. I'M DENYING

IT. THEY STILL HAVE TO SATISFY, YOU KNOW, ALL THE ARTICLE IX

REQUIREMENTS, YOU KNOW, THEY STILL HAVE TO PROCEED WITH THE CASE.

THEY -- YOU KNOW, THE PLAINTIFFS AND THE DEFENDANTS STILL HAVE TO, YOU

KNOW, DO WHAT THEY DO IN COURT. ALL WE'RE SAYING THAT IT JUST CAN'T BE

DENIED ON ITS FACE. THAT WE SHOULD GIVE A PEOPLE -- THE PEOPLE -- THE

PEOPLE OF THE STATE OF NEW YORK AN OPPORTUNITY TO HAVE THEIR DAY IN

COURT.

MR. ANGELINO: ARE -- IS THE GOVERNOR AND THE

LEGISLATURE, ARE WE CONSIDERED A GOVERNMENT ENTITY? NO. I DON'T

KNOW. IT KIND OF MAKES ME NERVOUS.

MS. SOLAGES: I MEAN TECHNICALLY.

MR. ANGELINO: TECHNICALLY, OKAY.

MS. SOLAGES: TECHNICALLY.

MR. ANGELINO: THANK YOU VERY MUCH.

MS. SOLAGES: I DON'T -- I DON'T PLAN TO SUE YOU ANY

TIME, SO DON'T WORRY ABOUT IT.

MR. ANGELINO: THANK YOU, MADAM SPONSOR.

NYS ASSEMBLY MARCH 24, 2025

THANK YOU.

ACTING SPEAKER HUNTER: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER HUNTER: A PARTY VOTE HAS

BEEN REQUESTED.

MS. WALSH.

MS. WALSH: THANK YOU, MADAM SPEAKER. THE

MINORITY CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF

LEGISLATION, BUT IF ANY WOULD LIKE TO VOTE DIFFERENTLY THEY CAN CERTAINLY

DO SO AT THEIR CHAIRS NOW. THANK YOU.

ACTING SPEAKER HUNTER: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

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

THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WILL DECIDE

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

THANK YOU, MADAM SPEAKER.

ACTING SPEAKER HUNTER: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ANGELINO TO EXPLAIN HIS VOTE.

MR. ANGELINO: THANK YOU, MADAM SPEAKER. I

CAN PREDICT THAT THE GOVERNOR WILL PROBABLY VETO THIS AGAIN BECAUSE

THERE IS A CLASS OF PEOPLE KNOWN AS STATE CORRECTIONS OFFICERS WHO MAY

NYS ASSEMBLY MARCH 24, 2025

BE LOOKING TO A CLASS ACTION LAWSUIT FOR WRONGS THAT WERE COMMITTED.

THANK YOU. I'LL BE VOTING NO.

ACTING SPEAKER HUNTER: MR. ANGELINO IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: DO YOU HAVE ANY FURTHER

HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER HUNTER: WE DO HAVE A

RESOLUTION BEFORE THE HOUSE. WITHOUT OBJECTION, THIS RESOLUTION WILL BE

TAKEN UP BY ITSELF.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

(WHEREUPON, RESOLUTION NO. 242 WAS UNANIMOUSLY

ADOPTED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: COULD YOU CALL ON...

(PAUSE)

ACTING SPEAKER HUNTER: MRS. PEOPLES-

STOKES.

MRS. PEOPLES-STOKES: MADAM SPEAKER, WOULD

YOU PLEASE CALL ON MS. CLARK FOR THE PURPOSES OF AN ANNOUNCEMENT?

ACTING SPEAKER HUNTER: MS. CLARK FOR THE

NYS ASSEMBLY MARCH 24, 2025

PURPOSES OF AN ANNOUNCEMENT.

MS. CLARK: THANK YOU, MADAM SPEAKER. I AM

HERE TO ANNOUNCE THAT THERE WILL BE A MAJORITY CONFERENCE IMMEDIATELY

FOLLOWING SESSION TODAY IN HEARING ROOM C, MAJORITY CONFERENCE

IMMEDIATELY FOLLOWING SESSION..

ACTING SPEAKER HUNTER: THANK YOU.

IMMEDIATE MAJORITY CONFERENCE IN HEARING ROOM C AT THE

ADJOURNMENT OF SESSION.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED AND THAT WE RECONVENE AT 2:00 P.M.,

TUESDAY, MARCH THE 25TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER HUNTER: ON MRS. PEOPLES-

STOKES' MOTION, THE HOUSE STANDS ADJOURNED.

(WHEREUPON, AT 3:55 P.M., THE HOUSE STOOD ADJOURNED

UNTIL TUESDAY, MARCH 25TH AT 2:00 P.M., THAT BEING A SESSION DAY.)