TUESDAY, APRIL 28, 2026 10:58 A.M.
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
GOOD MORNING, 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 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 MONDAY, APRIL 27TH.
MR. FALL.
1
NYS ASSEMBLY APRIL 28, 2026
MR. FALL: MADAM SPEAKER, I MOVE TO DISPENSE
WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, APRIL 27TH AND THAT
THE SAME STAND APPROVED.
ACTING SPEAKER HUNTER: WITHOUT OBJECTION,
SO ORDERED.
MR. FALL: TODAY WE HAVE A QUOTE BY BENJAMIN
FRANKLIN, AND THE QUOTE SAYS, "AN INVESTMENT IN KNOWLEDGE PAYS THE
BEST INTEREST." AND THESE WORDS ARE BY BENJAMIN FRANKLIN.
MADAM SPEAKER, MEMBERS HAVE ON THEIR DESK A MAIN
CALENDAR AND A DEBATE LIST. BEFORE ANY HOUSEKEEPING AND/OR
INTRODUCTIONS WE WILL BE CALLING FOR THE FOLLOWING COMMITTEES TO MEET
OFF THE FLOOR TODAY: WAYS AND MEANS, ENERGY, HEALTH, JUDICIARY,
LABOR, MENTAL HEALTH, SOCIAL SERVICES, TRANSPORTATION, VETERANS'
AFFAIRS AND CODES. WE WILL BEGIN OUR FLOOR WORK BY TAKING UP
CALENDAR RESOLUTIONS ON PAGE 3. WE WILL THEN CONTINUE TO CONSENT
WHERE WE LEFT OFF YESTERDAY WITH CALENDAR NO. 371 ON PAGE 39. AFTER
THAT, WE WILL TAKE UP THE FOLLOWING BILLS ON DEBATE: CALENDAR NO. 318
BY MS. GLICK, RULES REPORT NO. 98 BY MR. DINOWITZ, AND RULES REPORT
NO. 99 BY MS. ROSENTHAL. I WILL ANNOUNCE ANY FURTHER FLOOR ACTIVITY AS
WE PROCEED. MAJORITY MEMBERS SHOULD BE AWARE THAT THERE WILL BE A
NEED FOR A CONFERENCE ONCE WE CONCLUDE OUR WORK ON THE FLOOR. AS
ALWAYS, I WILL CONSULT WITH THE -- WITH THE MINORITY ON THEIR
CONFERENCE NEEDS.
SO WITH THAT AS A GENERAL OUTLINE, MS. SPEAKER, LET'S
BEGIN BY CALLING FOR THE WAYS AND MEANS COMMITTEE TO MEET IN THE
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NYS ASSEMBLY APRIL 28, 2026
SPEAKER'S CONFERENCE ROOM.
ACTING SPEAKER HUNTER: THANK YOU, MR.
FALL.
WAYS AND MEANS COMMITTEE MEMBERS, PLEASE MAKE
YOUR WAY TO THE SPEAKER'S CONFERENCE ROOM. WAYS AND MEANS
COMMITTEE MEMBERS, SPEAKER'S CONFERENCE ROOM. WE HAVE NO
HOUSEKEEPING THIS MORNING -- EXCUSE ME -- WE HAVE SEVERAL
INTRODUCTIONS. SO LET US START WITH MS. WALSH FOR THE PURPOSE OF AN
INTRODUCTION.
MS. WALSH: THANK YOU VERY MUCH, MADAM
SPEAKER, AND GOOD MORNING, COLLEAGUES. I'M SO EXCITED THAT A GROUP IS
HERE TODAY FROM THE TOWN OF GALWAY IN THE 112TH ASSEMBLY DISTRICT
THAT I'M HONORED TO INTRODUCE. THE GALWAY SENIORS, WHO YOU'LL SEE UP
ABOVE HERE, ARE AN INCREDIBLY VIBRANT AND BUSY, BUSY GROUP OF SENIORS.
THEY'VE COME TO THE CAPITOL TODAY FOR A CAPITOL TOUR, GUIDED BY THEIR
FEARLESS LEADER LIZZY FEULNER, WHO'S HERE AND -- AND MANY OF MY
FRIENDS. THESE SENIORS TRAVEL, THEY DO A LOT OF TRIPS DURING THE YEAR.
I'M SO GLAD THAT THEY ADDED ALBANY AND A TRIP TO THE CAPITOL TO THEIR
BUSY AGENDA.
AND, MADAM SPEAKER, IF YOU COULD PLEASE WELCOME
THE GALWAY SENIORS TO THE PEOPLE'S HOUSE AND AFFORD TO THEM ALL THE
CORDIALITIES OF THE HOUSE. THANK YOU.
ACTING SPEAKER HUNTER: YES, OF COURSE.
ON BEHALF OF MS. WALSH, THE SPEAKER AND ALL
MEMBERS, I CAN'T SEE YOU BEHIND ME UP THERE, BUT WE WELCOME YOU TO
3
NYS ASSEMBLY APRIL 28, 2026
THE ASSEMBLY CHAMBER AND EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.
PLEASED TO BE ABLE TO HAVE YOU IN OUR MIDST TODAY AND PUTTING YOU ON
THE TOUR ROTATION. SO THANK YOU, GALWAY SENIORS, FOR BEING HERE TODAY.
ENJOY OUR PROCEEDINGS. THANK YOU FOR JOINING US TODAY.
(APPLAUSE)
MR. BURDICK FOR THE PURPOSE OF AN INTRODUCTION.
MR. BURDICK: THANK YOU, MADAM SPEAKER. IT IS
MY HONOR TO INTRODUCE KOJI SATO, A DISTINGUISHED RESIDENT OF MY
DISTRICT. HE'S BEEN A RESIDENT FOR OVER 35 YEARS OF CHAPPAQUA, AND
SERVES AS PRESIDENT OF THE JAPANESE AMERICAN ASSOCIATION OF NEW
YORK, WHICH HAS A 119-YEAR HISTORY IN THE STATE. HE IS HERE TODAY WITH
COLLEAGUES TO ADVOCATE FOR THE FRED KOREMATSU DAVIS CIVIL LIBERTIES
AND THE CONSTITUTION IN COMMEMORATION OF THE JAPANESE AMERICAN
CITIZEN FRED KOREMATSU WHO DURING WORLD WAR II REFUSED PLACEMENT
IN A JAPANESE INTERNMENT CAMP.
MADAM SPEAKER, KINDLY WELCOME MR. SATO AND
EXTEND TO HIM THE PRIVILEGES AND CORDIALITIES OF THE PEOPLE'S HOUSE.
ACTING SPEAKER HUNTER: ON BEHALF OF MR.
BURDICK, THE SPEAKER AND ALL MEMBERS, WELCOME, MR. SATO, TO THE
ASSEMBLY CHAMBER, OUR PEOPLE'S HOUSE, EXTENDING TO YOU, SIR, THE
PRIVILEGES OF THE FLOOR. WE HOPE YOU ENJOY OUR PROCEEDINGS TODAY.
THANK YOU FOR DOING ALL OF THE IMPORTANT WORK THAT YOU ARE DOING WITH
THE JAPANESE AMERICAN ASSOCIATION OF NEW YORK. THANK YOU FOR
JOINING US TODAY.
(APPLAUSE)
4
NYS ASSEMBLY APRIL 28, 2026
MS. LEE FOR THE PURPOSE OF AN INTRODUCTION.
MS. LEE: GOOD MORNING, MADAM SPEAKER. IT IS MY
HONOR TO INTRODUCE SAKI MORI, DIRECTOR OF THE JAPANESE AMERICAN
CITIZENS LEAGUE. SAKI HAS SERVED AS THE DIRECTOR OF THE JAPANESE
AMERICAN CITIZENS LEAGUE SINCE SEPTEMBER OF 2025, OVERSEEING A
NATIONAL ORGANIZATION WITH OVER 100 CHAPTERS ACROSS THE UNITED STATES.
JAPANESE AMERICAN CITIZEN [SIC] LEAGUE, OR JACL, IS
THE OLDEST AND LARGEST ASIAN AMERICAN CIVIL RIGHTS ORGANIZATION IN THE
COUNTRY. FOUNDED IN 1929, THE ORGANIZATION HAS ADVOCATED FOR THE
CIVIL RIGHTS OF JAPANESE AMERICANS, ASIAN AMERICANS AND ALL
AMERICANS FOR NEARLY 100 YEARS. JACL PROMOTES EDUCATION OF BOTH
CIVIL RIGHTS AND JAPANESE AMERICAN HISTORY, INCLUDING THE HISTORY OF
JAPANESE INTERNMENT AND FRED KOREMATSU'S FIGHT AGAINST INJUSTICE.
I'M VERY GRATEFUL TO HAVE SAKI MORI AND THE JAPANESE
AMERICAN CITIZENS LEAGUE JOINING US HERE TODAY. MADAM SPEAKER,
PLEASE WELCOME SAKI MORI AND EXTEND TO HER THE PRIVILEGES OF THE
FLOOR.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
LEE, THE SPEAKER AND ALL MEMBERS, WELCOME, MS. MORI, TO THE
ASSEMBLY CHAMBER, EXTENDING TO YOU THE PRIVILEGES OF THE FLOOR.
HOPING YOU ENJOY OUR PROCEEDINGS TODAY. AGAIN, THANK YOU FOR ALL OF
THE IMPORTANT WORK THAT YOU ARE DOING WITH THE JAPANESE AMERICAN
CITIZENS LEAGUE. VERY IMPORTANT AND WONDERFUL TO SEE YOU HERE
TODAY. THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
5
NYS ASSEMBLY APRIL 28, 2026
MR. GIBBS FOR THE PURPOSE OF AN INTRODUCTION.
MR. GIBBS: GOOD MORNING, MADAM SPEAKER. IT'S
AN HONOR AND A PRIVILEGE TO STAND BEFORE YOU THIS MORNING. I'M ALSO
EXCITED TO RECOGNIZE MRS. AUBRY, THE LOVELY WIFE OF OUR MEMBER
JEFFREY [SIC] AUBRY, THIS MORNING.
ON BEHALF OF ASSEMBLYMEMBER BRIAN CUNNINGHAM
AND ASSEMBLYMEMBER JORDAN WRIGHT, I AM PLEASED TO INTRODUCE
SOYINI CHUN-SHUE -- EXCUSE ME, SOYINI CHAN-SHUE. SOYINI IS THE
FOUNDER AND CHIEF EXECUTIVE OFFICER OF CITY SAFE PARTNERS, A HARLEM-
BASED MINORITY- WOMEN-OWNED SECURITY FIRM DEDICATED TO ADVANCING
SAFETY AND STABILITY IN COMMUNITIES. THE COMPANY SPECIALIZES IN
COMPREHENSIVE RISK MANAGEMENT AND PROTECTIVE SERVICES, OPERATING
ACROSS NEW YORK, NEW JERSEY, TEXAS AND GEORGIA.
CITY SAFE PARTNERS PROVIDES HIGHLY-TRAINED PERSONNEL
INCLUDING ACTIVE AND RETIRED LAW ENFORCEMENT AND MILITARY
PROFESSIONALS, AND EMPLOYS FORWARD-THINKING, TECHNOLOGY-DRIVEN
STRATEGIES TO SAFEGUARD COMMUNITIES, BUSINESSES AND PUBLIC SPACES.
A FORMER NYPD OFFICER, SUNINI [SIC] BRINGS 22 YEARS
OF EXPERIENCE IN THE ORGANIZED CRIME CONTROL BUREAU, RETIRING WITH
THE RANK OF SERGEANT SPECIAL ASSIGNMENT. SHE HOLDS A MASTER'S
DEGREE IN NON-PROFIT, PUBLIC AND ORGANIZATIONAL MANAGEMENT FROM
MARIST COLLEGE SCHOOL OF MANAGEMENT, AND A BACHELOR'S OF SCIENCE IN
SOCIOLOGY FROM THE COLLEGE OF NEW ROCHELLE. HER LEADERSHIP AND
VISION HAS EARNED NATIONAL RECOGNITION, INCLUDING HONORS FROM THE
WOMEN'S PRESIDENT [SIC] ORGANIZATION AND JP MORGAN CHASE, WHICH
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NYS ASSEMBLY APRIL 28, 2026
HAVE RECOGNIZED CITY SAFE PARTNERS AS ONE OF THE FASTEST-GROWING
WOMEN-OWNED AND WOMEN-LED COMPANIES IN THE COUNTRY. UNDER HER
DIRECTION, CITY SAFE PARTNERS HAS BECOME A TRUSTED PROVIDER OF SECURITY
SERVICES ACROSS THE RESIDENTIAL, RETAIL, CONSTRUCTION, AND GOVERNMENT
SECTORS.
MADAM SPEAKER, I ASK THAT YOU EXTEND SUNINI [SIC]
CHAN-SHUE THE CORDIALITIES OF THE FLOOR AS WELL AS WELCOMING MRS.
AUBRY BACK TO THE CHAMBERS.
ACTING SPEAKER HUNTER: THANK YOU.
ON BEHALF OF MR. GIBBS, MR. WRIGHT, MR.
CUNNINGHAM, THE SPEAKER AND ALL MEMBERS, WELCOME, SOYINI, TO OUR
ASSEMBLY CHAMBER, AND CONGRATULATIONS, MA'AM ON ALL OF THE
WONDERFUL ACCOMPLISHED WORK THAT YOU HAVE DONE WITH CITY SAFE
PARTNERS. WE DEFINITELY EXTEND TO YOU THE PRIVILEGES OF THE FLOOR AND
HOPE YOU ENJOY OUR PROCEEDINGS TODAY. CONTINUED BEST WISHES TO YOU
AS YOU BUILD UPON YOUR PREVIOUS SUCCESSES.
AND I JUST -- A MOMENT OF PERSONAL PRIVILEGE TO SAY
HELLO AND WELCOME TO MRS. AUBRY. IT'S WONDERFUL, WONDERFUL TO SEE
YOU HERE TODAY, EXTENDING TO YOU THE CORDIALITIES OF THE HOUSE, OF
COURSE, AND PLEASE TELL YOUR HUBBY I SAID HELLO. THANK YOU SO VERY
MUCH, BOTH OF YOU, FOR JOINING US TODAY.
(APPLAUSE)
RESOLUTIONS, PAGE 3, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 1214, MS.
KAY.
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NYS ASSEMBLY APRIL 28, 2026
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 9, 2026, AS YELLOW RIBBON DAY IN THE
STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MS. KAY ON THE
RESOLUTION.
MS. KAY: GOOD MORNING, MADAM SPEAKER. I RISE
TODAY TO PAY TRIBUTE TO THE MEMBERS OF THE UNITED STATES ARMED
FORCES, AND PARTICULARLY TO THOSE FORMER PRISONERS OF WAR WHOSE
SERVICE TO OUR COUNTRY WILL NEVER BE FORGOTTEN.
ARMY STAFF SERGEANT MATT MAUPIN WAS THE FIRST POW
OF THE IRAQ WAR. HE WAS CAPTURED APRIL 9, 2004, AND REMAINS THE
INSPIRATION FOR THIS SPECIAL, YET SOMBER DAY WHICH SERVES AS A REMINDER
OF ALL THOSE WHO SERVE OUR COUNTRY AND DESERVE RECOGNITION THROUGHOUT
OUR STATE AND OUR NATION.
IN 2006, THE NEW YORK STATE LEGISLATURE BEGAN TO
COMMEMORATE YELLOW RIBBON DAY ON APRIL 9TH OF EACH YEAR
FOLLOWING THE ADVOCACY OF HALFMOON RESIDENT CAROL HOTALING, ALSO
KNOWN AS "THE YELLOW RIBBON LADY." EVERY YEAR COUNTLESS PEOPLE
DEVOTE THEIR TIME TO DISTRIBUTE YELLOW RIBBONS THROUGHOUT THE STATE OF
NEW YORK TO HEIGHTEN AWARENESS AND SHOW SUPPORT FOR OUR
SERVICEMEN AND WOMEN WHO ARE SERVING OUR COUNTRY, AND TO PROMOTE
UNITY AND RESPECT FOR THOSE BRAVE INDIVIDUALS AND -- AND THOSE WHO
PROTECT OUR FREEDOM EVERY DAY. BUT WE NEED TO ALSO HONOR OUR ACTIVE
DUTY SERVICEMEN AND WOMEN AND THEIR FAMILIES EVERY DAY. YELLOW
RIBBON DAY SERVES AS A REMINDER OF THAT GOAL.
8
NYS ASSEMBLY APRIL 28, 2026
I WANT TO ALSO THANK AND HONOR THE FAMILIES OF THE
ACTIVE DUTY SERVICE MEMBERS WHO, ALTHOUGH NOT ALWAYS RECOGNIZED,
SACRIFICE JUST AS MUCH FOR THE BETTERMENT OF OUR COUNTRY. THANK YOU TO
MY COLLEAGUES WHO HAVE SIGNED ON TO THIS RESOLUTION. THANK YOU TO ALL
OF THE ACTIVE DUTY MEN AND WOMEN SERVICE MEMBERS, INCLUDING A
MEMBER OF THIS BODY WHO SACRIFICED SO MUCH EVERY DAY TO KEEP US
SAFE.
PLEASE JOIN ME IN REQUESTING KATHY HOCHUL PROCLAIM
APRIL 9, 2026 AS YELLOW RIBBON DAY IN THE STATE OF NEW YORK.
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 RESOLUTION NO. 1215, MS.
BICHOTTE HERMELYN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 28, 2026, AS W -- MWBE ADVOCACY
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 RESOLUTION NO. 1216, MS.
MCMAHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 2026, AS ESOPHAGEAL CANCER
AWARENESS MONTH IN THE STATE OF NEW YORK.
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NYS ASSEMBLY APRIL 28, 2026
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1217, MR.
TANNOUSIS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 2026, AS PARKINSON'S DISEASE
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MR. TANNOUSIS ON
THE RESOLUTION.
MR. TANNOUSIS: THANK YOU, MADAM SPEAKER.
PARKINSON'S DISEASE IS A DISORDER THAT AFFECTS APPROXIMATELY 1.2
MILLION AMERICANS AND ABOUT 13 MILLION PEOPLE WORLDWIDE. THERE IS
NO KNOWN CURE. MY UNCLE GEORGE PASSED AWAY, WAS -- WAS DEALING
WITH PARKINSON'S DISEASE FOR YEARS, PASSED AWAY IN NOVEMBER OF 2020.
AND I BRING THIS RESOLUTION FORTH TODAY TO BRING AWARENESS TO THIS
DISEASE AND TO BRING SUPPORT TO THOSE THAT SUFFER FROM THIS.
I AM PRIVILEGED TO HAVE THE AMERICAN PARKINSON'S
DISEASE ASSOCIATION, THE HEADQUARTERS, IN MY DISTRICT, WHICH IS AN
ORGANIZATION THAT SUPPORTS PEOPLE WITH PARKINSON'S DISEASE TO HELP
THEM ENSURE THAT THEY HAVE A LONG-LASTING AND NORMAL LIFE AS BEST AS
POSSIBLE.
SO WITH THAT BEING SAID, IT'S VERY IMPORTANT FOR US TO
RECOGNIZE THIS DISEASE AND MAKE A BIG PUSH TO HOPEFULLY ONE DAY FIND A
CURE. THANK YOU SO MUCH.
10
NYS ASSEMBLY APRIL 28, 2026
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 RESOLUTION NO. 1218, MS.
BUTTENSCHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 3-9, 2026, AS SMALL BUSINESS WEEK IN
THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MS. BUTTENSCHON ON
THE RESOLUTION.
MS. BUTTENSCHON: TODAY I RISE AS WE
ACKNOWLEDGE THIS RESOLUTION OF THE VITAL IMPORTANCE OF SMALL BUSINESS
IN NEW YORK STATE, EMPLOYING OVER THREE-AND-A-HALF MILLION
HARDWORKING NEW YORKERS, CLOSE TO 45 PERCENT OF OUR WORKFORCE. OUR
STATE'S OVER 400,000 SMALL BUSINESSES REPRESENT 98 PERCENT OF THE
BUSINESS IN NEW YORK STATE AND GENERATES $1 TRILLION IN SALES,
SHIPMENT AND REVENUES ANNUALLY.
THESE BUSINESSES ARE BUILT OVER GENERATIONS BY MANY
FAMILY-OWNED, FOUNDED BY INDIVIDUALS, VETERANS, WOMEN, MINORITIES
AND NEW RESIDENTS OF OUR GREAT STATE. THEY ALL HAVE TAKEN ON THE
AMERICAN DREAM AND ARE SUCCESSFUL. THE NUMBER IS A TELLING STORY, AS
IT'S VERY, VERY POWERFUL. IN THE DISTRICT I REPRESENT, JUST A FEW: UTICA
COFFEE, MOUNTAIN ICE. CLEARLY, FRIENDS BAKERY, TWIN PONDS AND SO
MANY MORE THAT I COULD TALK ABOUT THE IMPORTANCE OF WHAT THEY'VE
PROVIDED IN THE ECONOMY OF THE MOHAWK VALLEY.
11
NYS ASSEMBLY APRIL 28, 2026
SO AS WE PROCLAIM SMALL BUSINESS WEEK IN NEW
YORK STATE, I CHALLENGE EACH AND EVERY ONE OF YOU TO VISIT AT LEAST FIVE
SMALL BUSINESSES DURING THAT WEEK, AND BE SURE TO REMIND OURSELVES OF
THESE INDIVIDUALS ARE HARDWORKING AND THE FOUNDATION OF OUR ECONOMY.
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 RESOLUTION NO. 1219, MS.
RAJKUMAR.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 26, 2026, AS GUYANESE INDEPENDENCE
DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE --
MEMBERS: AYE.
ACTING SPEAKER HUNTER: -- THANK YOU.
OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1220, MS.
LUNSFORD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 4-10, 2026, AS BANNED BOOKS
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
12
NYS ASSEMBLY APRIL 28, 2026
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1221, MR.
LAVINE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 2026, AS PRO BONO AND ACCESS TO
JUSTICE MONTH IN THE STATE OF NEW YORK, AND RECOGNIZING THE STATE'S
PIONEERING ROLE IN EXPANDING ACCESS TO LEGAL SERVICES.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1222, MR.
TAGUE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM FEBRUARY 2026, AS CAREER AND TECHNICAL
EDUCATION MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MR. TAGUE ON THE
RESOLUTION.
MR. TAGUE: THANK YOU, MADAM SPEAKER. I RISE
TODAY AS A FORMER BOCES STUDENT AND SOMEONE WHO HAS ALWAYS
APPRECIATED A HANDS-ON APPROACH TO LEARNING. IT IS MY HONOR TO JOIN
YOU ALL IN DECLARING THIS AS CAREER AND TECHNICAL EDUCATION MONTH
HERE IN NEW YORK STATE.
VOCATIONAL LEARNING OPPORTUNITIES PRESENT A WHOLE
NEW WORLD TO COUNTLESS STUDENTS IN OUR EDUCATIONAL SYSTEM, WITH MANY
OF THEM FINDING A PASSION FOR LEARNING OUTSIDE OF THE TRADITIONAL
13
NYS ASSEMBLY APRIL 28, 2026
CLASSROOM SETTING AND STRUGGLING TO SUCCEED IN A TRADITIONALLY ACADEMIC
SENSE. PERHAPS MOST IMPORTANTLY, CAREER AND TECHNOLOGICAL EDUCATION
PROVIDES YOUNG PEOPLE WITH A DIRECT ON-RAMP TO LUCRATIVE PROFESSIONS
DIRECTLY OUT OF HIGH SCHOOL, WHILE ALSO GIVING THEM A JUMP START ON
DEGREES AND CERTIFICATIONS SHOULD THEY PURSUE FURTHER EDUCATION OR
TRAINING. IT MUST BE SAID AS WELL THAT VOCATIONAL TRAINING HAS COME TO
REPRESENT NOT JUST TRADITIONAL TRADES, BUT THE INDUSTRIES OF THE FUTURE AS
WELL. THROUGH PROGRAMS SUCH AS OUR BOCES, YOUNG PEOPLE NOW HAVE
THE CHANCE TO LEARN ABOUT CODING, ROBOTICS, NETWORKING AND OTHER
CUTTING-EDGE FIELDS BY WORKING HANDS-ON TO LEARN ABOUT THE TOOLS AND
TECHNIQUES THAT THESE JOBS REQUIRE.
CAREER AND TECHNICAL EDUCATION IS THE FUTURE, AND THE
VOCATIONAL OPPORTUNITIES WE ARE ABLE TO OFFER TO STUDENTS MUST BE
SUSTAINED AND EXPANDED IF WE HOPE TO EQUIP OUR YOUNG PEOPLE WITH THE
MARKETABLE SKILLS THAT THEY NEED TO COMPETE IN TOMORROW'S ECONOMY.
I HOPE EACH AND EVERY ONE OF YOU WILL JOIN ME THIS
YEAR AND IN THE YEARS TO COME IN WORKING TO PROVIDE AS MANY HANDS-ON
LEARNING OPPORTUNITIES AS POSSIBLE TO NEW YORKERS FROM ALL WALKS OF
LIFE SO THAT OUR CHILDREN HAVE THE GREATEST OPPORTUNITY WE CAN GIVE
THEM TO FIND THEIR CALLING AND DEVELOP A LOVE FOR LEARNING, WHETHER IN
OR OUT OF THE CLASSROOM.
THANK YOU ALL, AND PLEASE JOIN ME IN SUPPORTING THIS
GREAT RESOLUTION. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
14
NYS ASSEMBLY APRIL 28, 2026
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1223, MR.
DESTEFANO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 14, 2026, AS EMERGENCY NURSES
DAY, AND OCTOBER 11-17, 2026 AS EMERGENCY NURSES WEEK IN THE
STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MR. DESTEFANO ON
THE RESOLUTION.
MR. DESTEFANO: THANK YOU, MADAM SPEAKER, FOR
THE OPPORTUNITY TO SPEAK ON THIS RESOLUTION.
EMERGENCY NURSES DAY WILL BE OBSERVED OCTOBER
14TH OF THIS YEAR. IT'S A TIME TO RECOGNIZE THE EXTRAORDINARY DEDICATION,
SKILL AND COMPASSION OF EMERGENCY NURSES. THEY'RE HEALTHCARE
PROFESSIONALS WHO SERVE ON THE FRONT LINES OF MEDICINE, PROVIDING
LIFESAVING CARE IN SOME OF THE MOST CRITICAL AND STRESSFUL SITUATIONS.
WHETHER THEY'RE TREATING ACCIDENT VICTIMS, RESPONDING TO HEART ATTACKS
OR COMFORTING FRIGHTENED FAMILIES, EMERGENCY NURSES ARE OFTEN THE FIRST
TO MAKE A DIFFERENCE WHEN EVERY SECOND COUNTS. EMERGENCY NURSES
WORK LONG HOURS IN FAST-PACED ENVIRONMENTS WITH QUICK THINKING AND
CALM DECISION-MAKING ARE ESSENTIAL. THEY MUST BALANCE MEDICAL
EXPERTISE WITH EMPATHY, OFFERING REASSURANCE TO PATIENTS WITH -- DURING
THE MOST DIFFICULT TIMES OF THEIR LIVES. THEIR ABILITY TO REMAIN STRONG
UNDER PRESSURE IS TRULY REMARKABLE.
ON THIS DAY WE HONOR EMERGENCY NURSES FOR THEIR
15
NYS ASSEMBLY APRIL 28, 2026
TIRELESS COMMITMENT TO PUBLIC HEALTH AND SAFETY. THEIR SERVICE SAVES
COUNTLESS LIVES AND STRENGTHENS OUR COMMUNITIES EACH AND EVERY DAY.
WE OWE THEM OUR GRATITUDE, RESPECT AND APPRECIATION NOT ONLY ON
EMERGENCY NURSES DAY, BUT THROUGHOUT THE ENTIRE YEAR.
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.
MR. FALL.
MR. FALL: MS. SPEAKER, CAN YOU PLEASE CALL ON THE
ENERGY COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER HUNTER: ENERGY COMMITTEE
MEMBERS, PLEASE MAKE YOUR WAY QUIETLY TO THE SPEAKER'S CONFERENCE
ROOM. ENERGY COMMITTEE MEMBERS TO THE SPEAKER'S CONFERENCE
ROOM.
MS. SHRESTHA FOR THE PURPOSE OF AN INTRODUCTION.
MS. SHRESTHA: THANK YOU, MADAM SPEAKER.
TODAY I WOULD LIKE TO INTRODUCE AN AMAZING GROUP OF YOUNG PEOPLE
FROM THE LEGISLATIVE GAZETTE, WHICH IS SUNY NEW PALTZ'S PUBLIC
AFFAIRS REPORTING INTERNSHIP, FOCUSING ON THE STATE HOUSE.
SO WE ARE JOINED BY DARREN JOHNSON, PATRICK KELLY,
NANCY MAC INNES, KYRA HIGBIE, ZANDER DORING, MARIETOU SACKO,
MAWAZI MATENDE, ZAMIA OKPARA, EMILY SALAZAR. THEY ARE THE STUDENT
EDITORS, REPORTERS, MULTIMEDIA SPECIALISTS AND THEIR ADVISOR, WHO HELP
KEEP THIS NONPARTISAN NEWS ORGANIZATION RUNNING IN ITS 48TH YEAR.
16
NYS ASSEMBLY APRIL 28, 2026
MULTIPLE GAZETTE REPORTERS HAVE GONE ON TO WIN PULITZER PRIZES, AND I
LOOK FORWARD TO SEEING WHAT CRITICAL STORIES THESE JOURNALISTS UNCOVER.
I ASK YOU TO EXTEND THEM THE PRIVILEGE -- PRIVILEGES
AND CORDIALITIES OF THE FLOOR, AND WELCOME THEM TO THE NEW YORK STATE
CAPITOL.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
SHRESTHA, THE SPEAKER AND ALL MEMBERS, WELCOME, OUR YOUNG LEADERS,
TO OUR ASSEMBLY CHAMBER, EXTENDING TO YOU THE PRIVILEGES OF THE
FLOOR. THANK YOU FOR THE IMPORTANT WORK THAT YOU DO EVERY SINGLE DAY,
DOING THE THOROUGH INVESTIGATION, TIMELY INFORMATION FOR OUR
COMMUNITY. MAKE SURE YOU KEEP THAT IN MIND AS YOU MOVE FORWARD.
OBVIOUSLY WE ALWAYS WANT TO MAKE SURE OUR JOURNALISM IS FREE,
INDEPENDENT. AND SO THANK YOU SO VERY MUCH FOR THE HARD WORK THAT
YOU'RE DOING NOW AND IN THE FUTURE, AND FOR JOINING US TODAY. THANK
YOU VERY MUCH.
(APPLAUSE)
MS. SOLAGES FOR THE PURPOSE OF AN INTRODUCTION.
MS. SOLAGES: THANK YOU, MADAM SPEAKER.
TODAY I RISE TO INTRODUCE THE MEMBERS OF THE LINKS, INCORPORATED.
ESTABLISHED IN 1946, THE LINKS, INCORPORATED IS ONE OF THE NATION'S
OLDEST AND LARGEST VOLUNTEER SERVICE ORGANIZATIONS. COMPRISED OF MORE
THAN 17,000 PROFESSIONAL WOMEN IN 300 CHAPTERS GLOBALLY, THE LINKS
ARE COMMITTED TO ENSURING THAT THE CULTURAL AND ECONOMIC SURVIVAL OF
AFRICAN AMERICANS AND PEOPLE OF AFRICAN ANCESTRY. IN NEW YORK
STATE, THEY HAVE 15 CHAPTERS SERVING THE GREATER NEW YORK METRO AREA
17
NYS ASSEMBLY APRIL 28, 2026
AND UPSTATE REGION INCLUDING THE WONDERFUL PLACE OF LONG ISLAND.
I WANT TO THANK THEM FOR REALLY ADVOCATING ON VOTER
EDUCATION, HEALTH EQUITY, BLACK MATERNAL HEALTH, ECONOMIC
EMPOWERMENT. THE LIST GOES ON. AND A FUN TIP: ASSEMBLYMEMBER
DAIS' MOTHER IS A MEMBER OF THIS PRESTIGIOUS ORGANIZATION.
SO, MADAM SPEAKER, IF YOU WILL, EXTEND THEM A
PRODUCTIVE DAY ON THE CAPITOL AND AS WELL EXTEND THEM THE CORDIALITIES
OF THE HOUSE.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
SOLAGES, THE SPEAKER AND ALL MEMBERS, WE WELCOME THE MEMBERS OF
LINKS, INCORPORATED TO OUR ASSEMBLY CHAMBER, THE PEOPLE'S HOUSE,
EXTENDING TO YOU THE PRIVILEGES OF THE FLOOR. HOPING YOU ENJOY OUR
PROCEEDINGS TODAY. THANK YOU SO VERY MUCH FOR THE OUTSTANDING
VOLUNTEER SERVICE WORK THAT YOU DO IN OUR COMMUNITIES EVERY SINGLE
DAY. THE FAR RANGE OF ISSUES THAT YOU PUT FORWARD REALLY SPEAKS TO THE
KNOWLEDGE AND COMMITMENT YOU HAVE TO OUR COMMUNITIES, VERY
LONGSTANDING COMMITMENT TO OUR COMMUNITIES. SO WE THANK YOU VERY
MUCH FOR THAT, AND THANK YOU SO VERY MUCH FOR JOINING US TODAY.
ENJOY YOUR DAY HERE IN ALBANY. THANK YOU.
(APPLAUSE)
ON CONSENT, PAGE 39, CALENDAR NO. 371, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A09355-A, CALENDAR
NO. 371, PAULIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION
TO MANDATING THAT HOSPITALS REPORT CASES OF POISONINGS TO POISON
18
NYS ASSEMBLY APRIL 28, 2026
CONTROL CENTERS.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A09404-A, CALENDAR
NO. 372, SANTABARBARA, ROSENTHAL, WEPRIN. AN ACT TO AMEND THE
BANKING LAW, IN RELATION TO THE PROHIBITION OF LENDING INSTITUTIONS
ISSUING UNSOLICITED MAIL-LOAN CHECKS.
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. A09588-B, CALENDAR
NO. 373, TORRES, LEVENBERG, HEVESI, HYNDMAN, TAPIA. AN ACT TO
AMEND THE BANKING LAW, IN RELATION TO PROHIBITING CERTAIN FINANCIAL
INSTITUTIONS FROM CHARGING FEES BASED ON THE FREQUENCY OF MORTGAGE
PAYMENTS OR CHANGING SUCH PAYMENT SCHEDULE.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A10032, CALENDAR NO.
19
NYS ASSEMBLY APRIL 28, 2026
374, EACHUS. AN ACT TO AMEND CHAPTER 283 OF THE LAWS OF 2023,
AMENDING THE TAX LAW RELATING TO AUTHORIZING THE TOWN OF CORNWALL
TO IMPOSE A HOTEL AND MOTEL TAX, IN RELATION TO THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER HUNTER: HOME RULE
MESSAGE IS AT THE DESK.
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. A10163, CALENDAR NO.
375, LAVINE, KASSAY, SANTABARBARA, MCDONALD, CONRAD, GALLAHAN,
DINOWITZ, WEPRIN, SIMON, SLATER, K. BROWN, ZACCARO, HYNDMAN,
SCHIAVONI, LEMONDES, CHANG, COLTON. AN ACT TO AMEND THE VETERANS'
SERVICES LAW, IN RELATION TO PRE-RELEASE BRIEFINGS FOR INCARCERATED
VETERANS REGARDING AVAILABLE FEDERAL AND STATE BENEFITS.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER HUNTER: THE CLERK WILL
20
NYS ASSEMBLY APRIL 28, 2026
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. LAVINE TO EXPLAIN HIS VOTE.
CAN WE HAVE QUIET IN THE CHAMBER?
THANK YOU.
MR. LAVINE: THANK YOU, MADAM SPEAKER. I AM A
BIG FAN AND ALWAYS HAVE BEEN OF ONE OF AMERICA'S GREATEST PRESIDENTS,
IF NOT OUR GREATEST PRESIDENT, ABRAHAM LINCOLN. AND THIS BILL IS WRITTEN
WITH LINCOLN'S PHILOSOPHY IN MIND. WE KNOW NEW YORK STATE HAS ONE
OF THE LARGEST VETERAN POPULATIONS OF ANY OF THE STATES IN THE NATION, AND
LINCOLN BELIEVED THAT IT IS, AS AMERICANS, OUR SOLEMN OBLIGATION TO
CARE FOR OUR VETERANS. THIS BILL ACCOMPLISHES PRECISELY THAT -- THAT
PURPOSE BY GUARANTEEING, TO THE EXTENT WE CAN GUARANTEE, THAT VETERANS
WHO ARE ABOUT TO BE RELEASED WHO HAVE BEEN INCARCERATED WILL BE ABLE
TO RECEIVE THE BENEFITS THAT THEY NOT ONLY DESERVE, BUT THE BENEFITS TO
WHICH WE WANT THEM TO BE ENTITLED.
SO I THANK YOU FOR LETTING ME SPEAK ON THIS PARTICULAR
PIECE OF LEGISLATION, AND I, OF COURSE, AM VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: MR. LAVINE IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10207, CALENDAR NO.
376, KAY, MCDONALD. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN
21
NYS ASSEMBLY APRIL 28, 2026
RELATION TO REQUIRING A COLLECTING OFFICER OF TAXES TO ACCEPT PAYMENTS OF
TAX, INCLUDING ANY INTEREST DUE THEREON, ROUNDED TO THE NEAREST FIVE
CENT DENOMINATION.
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.)
MS. KAY TO EXPLAIN HER VOTE.
MS. KAY: SORRY, I HAD TO DO THIS. YESTERDAY I FELT
THAT I WAS A LITTLE SHORT-CHANGED WHEN MY COLLEAGUE TOOK ALL THE PENNY
JOKES, BUT THANK YOU.
ACTING SPEAKER HUNTER: MS. KAY IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10243, CALENDAR NO.
377, PAULIN. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO
ADULT CARE FACILITY FINANCIAL STATEMENTS.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
22
NYS ASSEMBLY APRIL 28, 2026
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. A10279-A, CALENDAR
NO. 378, WEPRIN. AN ACT TO AMEND THE INSURANCE LAW, RELATING TO
PROHIBITING INSURANCE DISCRIMINATION ON THE BASIS OF AN INSURED'S
MARITAL STATUS FOLLOWING THE DEATH OF THE INSURED'S SPOUSE.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. WEPRIN TO EXPLAIN HIS VOTE.
MR. WEPRIN: THANK YOU, MADAM SPEAKER. THIS
LEGISLATION WOULD PREVENT AN INSURER FROM REFUSING TO INSURE, CANCEL A
POLICY OR DECLINING TO RENEW A POLICY, LIMITING COVERAGE AVAILABLE,
INCREASING A POLICYHOLDER'S PREMIUM RATE OR IMPOSING LESS FAVORABLE
TERMS OR CONDITIONS UPON RENEWAL SOLELY BECAUSE THE POLICYHOLDER HAS
LOST A SPOUSE AND THEIR MARITAL STATUS HAS CHANGED. THIS LEGISLATION
ENSURES THE SURVIVING SPOUSE HAVE EQUITABLE ACCESS TO INSURANCE
COVERAGE, HEREBY PROTECTING VULNERABLE HOUSEHOLDS FROM FINANCIAL
HARDSHIP AND PROMOTING FAIRNESS IN THE INSURANCE MARKET.
23
NYS ASSEMBLY APRIL 28, 2026
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: MR. WEPRIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10307, CALENDAR NO.
379, PAULIN. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
NOTIFICATION TO LOCAL LAW ENFORCEMENT OF FIREARM DENIALS.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A10312-A, CALENDAR
NO. 380, PAULIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION
TO INFORMATION THAT RESIDENTIAL HEALTH CARE FACILITIES ARE REQUIRED TO
PROVIDE TO RESIDENTS AND THEIR FAMILIES.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A10352, CALENDAR NO.
381, GLICK, ROSENTHAL. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW AND THE AGRICULTURE AND MARKETS LAW, IN RELATION TO
ENACTING THE "LEAD-FREE GAME DONATION ACT."
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A10419, CALENDAR NO.
382, SOLAGES. AN ACT TO AMEND CHAPTER 581 OF THE LAWS OF 2005,
24
NYS ASSEMBLY APRIL 28, 2026
AMENDING THE LOCAL FINANCE LAW RELATING TO STATUTORY INSTALLMENT
BONDS, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.
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.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. FALL.
MR. FALL: MS. SPEAKER, CAN YOU PLEASE CALL THE
HEALTH COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER HUNTER: HEALTH COMMITTEE
MEMBERS TO THE SPEAKER'S CONFERENCE ROOM. HEALTH COMMITTEE
MEMBERS, PLEASE MAKE YOUR WAY TO THE SPEAKER'S CONFERENCE ROOM.
ON CONSENT, PAGE 41, CALENDAR NO. 383, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A10633, CALENDAR NO.
383, HUNTER, CASHMAN, WILLIAMS, LEVENBERG, MCMAHON, LEMONDES,
SAYEGH, KELLES, BURDICK, COLTON. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO DEER MANAGEMENT PERMITS; AND TO
REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.
ACTING SPEAKER HUNTER: READ THE LAST
25
NYS ASSEMBLY APRIL 28, 2026
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. SIMPSON TO EXPLAIN HIS VOTE.
MR. SIMPSON: THANK YOU, MADAM SPEAKER. I
HAVE CONCERNS ABOUT THIS BILL. I -- I LIKE -- I'M SUPPORTIVE OF THE INTENT
OF THE BILL, BUT I HAVE HEARD FROM MANY ORGANIZATIONS MADE UP OF
SPORTSMEN WITHIN MY DISTRICT THAT THERE'S BEEN NO COMMUNICATION
BETWEEN THE SPORTSMEN AND DEC ON THIS ISSUE. I THINK IT'S REALLY
IMPORTANT TO KEEP THE PEOPLE THAT ARE AFFECTED BY A POLICY LIKE THIS
ENGAGED, INFORMED AND SUPPORT -- AND ULTIMATELY, THEIR SUPPORT BEHIND
SOMETHING LIKE THIS.
THIS HAS BEEN DONE IN THE PAST. THERE'S BEEN SOME
BAD EXPERIENCES. AND THERE HASN'T BEEN ENOUGH SCIENTIFIC DATA TO -- AT
THIS POINT FOR ME TO SUPPORT THIS. SO I WILL BE VOTING NO. THANK YOU,
MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. SIMPSON IN THE NEGATIVE.
ACTING SPEAKER P. CARROLL: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10653, CALENDAR NO.
26
NYS ASSEMBLY APRIL 28, 2026
384, PAULIN, ROMERO, MCDONALD. AN ACT TO AMEND THE ARTS AND
CULTURAL AFFAIRS LAW, IN RELATION TO RENAMING AGENCY BUILDING 1,
AGENCY BUILDING 2, AGENCY BUILDING 3, AND AGENCY BUILDING 4,
LOCATED AT THE EMPIRE STATE PLAZA.
ACTING SPEAKER P. CARROLL: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 100TH
DAY.
ACTING SPEAKER P. CARROLL: 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. A10692, CALENDAR NO.
385, SCHIAVONI, REYES, BURDICK, LEMONDES. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO ESTABLISHING THE
AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO
MANAGE ATLANTIC BONITO AND FALSE ALBACORE.
ACTING SPEAKER P. CARROLL: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER P. CARROLL: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
27
NYS ASSEMBLY APRIL 28, 2026
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. FALL FOR AN ANNOUNCEMENT.
MR. FALL: MR. SPEAKER, CAN YOU PLEASE CALL THE
JUDICIARY COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER P. CARROLL: JUDICIARY
COMMITTEE TO THE CONFERENCE ROOM. JUDICIARY COMMITTEE TO THE
SPEAKER'S CONFERENCE ROOM. THANK YOU.
ACTING SPEAKER WRIGHT: ON CONSENT, PAGE
42, CALENDAR NO. 386, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10851, CALENDAR NO.
386, STIRPE. AN ACT TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN
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 WRIGHT: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WRIGHT: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
28
NYS ASSEMBLY APRIL 28, 2026
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. GANDOLFO FOR THE PURPOSE OF AN INTRODUCTION.
MR. GANDOLFO: THANK YOU, MR. SPEAKER. ON
BEHALF OF MINORITY LEADER ED RA AND THE ENTIRE REPUBLICAN
CONFERENCE HERE, IT IS MY HONOR TO WELCOME SOME MEMBERS OF THE
NEW HAMPSHIRE HOUSE OF REPRESENTATIVES TO OUR CHAMBER TODAY.
JOINING US WE HAVE DEPUTY MAJORITY LEADER AND HOUSE FINANCE
COMMITTEE MEMBER JOE SWEENEY; ASSISTANT MAJORITY LEADER AND
SMALL BUSINESS COALITION CHAIR BRIAN LABRIE; AND WITH THEM SOME
HOUSE REPUBLICAN STAFF FROM NEW HAMPSHIRE, CHRIS MAIDMENT, CALEB
KRUGER, SEAN CONNOR AND CHUCK MCGEE.
THE NEW HAMPSHIRE HOUSE OF REPRESENTATIVES
CONSISTS OF 400 MEMBERS REPRESENTING 203 LEGISLATIVE DISTRICTS ACROSS
THE STATE. THEY ARE CREATED FROM DIVISIONS OF THE STATE'S COUNTIES, AND
ON AVERAGE EACH LEGISLATOR REPRESENTS ABOUT 3,300 RESIDENTS, THE
SMALLEST STATE LEGISLATIVE POPULATION-TO-REPRESENTATIVE RATIO IN THE
COUNTRY.
NEW HAMPSHIRE HAS BY FAR THE LARGEST LOWER HOUSE OF
ANY AMERICAN STATE; THE SECOND-LARGEST BEING THE PENNSYLVANIA HOUSE
OF REPRESENTATIVES WITH 203 MEMBERS.
MR. SPEAKER, WOULD YOU PLEASE EXTEND ALL THE
CORDIALITIES OF THE HOUSE TO THESE ELECTED OFFICIALS FROM NEW
HAMPSHIRE, OUR GUESTS HERE TODAY, AND OFFER THEM ALL OF THE PRIVILEGES
29
NYS ASSEMBLY APRIL 28, 2026
OF THE FLOOR?
ACTING SPEAKER WRIGHT: THANK YOU, MR.
GANDOLFO.
ON BEHALF OF MR. GANDOLFO, THE MINORITY CONFERENCE,
THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU TO THE CHAMBER,
EXTEND THE PRIVILEGES OF THE FLOOR, AND HOPE YOU ENJOY THE PROCEEDINGS.
THANK YOU SO MUCH FOR JOINING US.
(APPLAUSE)
ON CONSENT, PAGE 42, CALENDAR 387, THE CLERK WILL
READ.
THE CLERK: ASSEMBLY NO. A10936, CALENDAR NO.
387, GLICK, LEVENBERG, ROSENTHAL, BURDICK, SCHIAVONI. AN ACT TO
AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE
DEFINITION OF TIDAL WETLANDS
ACTING SPEAKER WRIGHT: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A10995, CALENDAR NO.
388, DE LOS SANTOS. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL
LAW, IN RELATION TO MAKING THE PROVISIONS GOVERNING THE VARIOUS
ON-PREMISES LIQUOR LICENSES CONSISTENT WITH RESPECT TO PUBLIC INTEREST
FACTORS THAT MAY BE CONSIDERED BY THE STATE LIQUOR AUTHORITY WHEN
EVALUATING THE MERITS OF A LICENSE APPLICATION.
ACTING SPEAKER WRIGHT: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A11008, CALENDAR NO.
30
NYS ASSEMBLY APRIL 28, 2026
389, HUNTER. AN ACT TO AMEND THE COUNTY LAW, IN RELATION TO THE
EFFECTIVENESS OF CERTAIN COUNTY-TRIBAL DETENTION AGREEMENTS; AND TO
AMEND CHAPTER 213 OF THE LAWS OF 2024 AMENDING THE CORRECTION
LAW RELATING TO THE USE OF CERTAIN COUNTY JAILS, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER WRIGHT: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WRIGHT: 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 35, CALENDAR NO. 318, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05850, CALENDAR NO.
318, GLICK, BORES, SIMONE, LEE, COLTON, BURDICK, ROSENTHAL,
GONZ LEZ-ROJAS, DINOWITZ, SIMON, STECK, DAVILA, SHIMSKY,
MCDONOUGH, PAULIN, KAY, ROMERO, LASHER, LEVENBERG, KELLES, OTIS,
STIRPE, HEVESI, LUNSFORD, CRUZ, SEAWRIGHT, REYES, KASSAY, MITAYNES,
LUPARDO, STERN, MORENO, DILAN. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO PROHIBITING THE PARTICIPATION OF
CERTAIN ANIMALS IN TRAVELING ANIMAL ACTS.
ACTING SPEAKER WRIGHT: READ THE LAST
SECTION.
31
NYS ASSEMBLY APRIL 28, 2026
THE CLERK: THIS ACT SHALL TAKE EFFECT DECEMBER
31, 2026.
ACTING SPEAKER WRIGHT: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE WILL GENERALLY BE OPPOSED TO THIS BILL;
HOWEVER, ANY MEMBER WHO WISHES TO VOTE DIFFERENTLY MAY DO SO AT
THEIR DESK.
ACTING SPEAKER WRIGHT: MR. FALL.
MR. FALL: THANK YOU, MR. SPEAKER. THE MAJORITY
CONFERENCE WILL SUPPORT THIS PIECE OF LEGISLATION. FOR THOSE THAT WOULD
LIKE TO VOTE IN A DIFFERENT DIRECTION THEY COULD DO SO AT THEIR DESK.
ACTING SPEAKER WRIGHT: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER. BRIEFLY, I
WANT TO JUST CLARIFY THAT THIS IS LIMITED TO TRAVELING ACTS WITH -- THE
ANIMALS THAT WOULD BE PROHIBITED ARE LARGE CATS, BEARS, NON-HUMAN
PRIMATES, KANGAROOS AND WALLABIES. THIS IN NO WAY LIMITS THE ABILITY
OF DOMESTICATED FARM ANIMALS TO BE BROUGHT TO COUNTY FAIRS OR TO OTHER
EVENTS. THIS IS SIMPLY TO PROTECT THE PUBLIC. THERE HAVE BEEN TERRIBLE
INCIDENTS IN VARIOUS PLACES, INCLUDING IN NEW YORK STATE, WHERE SOME
OF THE ANIMALS HAVE GOTTEN OUT AND HAVE INJURED PEOPLE IN THE
32
NYS ASSEMBLY APRIL 28, 2026
COMMUNITY. SO THIS IS VERY MUCH A VERY LIMITED, TARGETED MESSAGE.
4-H IS IMPORTANT, AND TAKING ANIMALS TO COUNTY FAIRS IS
A GREAT DEAL OF FUN, ENJOYMENT AND EDUCATION FOR A LOT OF PEOPLE, AND A
LOT OF PEOPLE SHOULD BE EXPOSED TO ANIMALS THAT ARE SAFE TO BE SHOWN
AND DISPLAYED PROPERLY.
SO I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER WRIGHT: MS. GLICK IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. FALL FOR THE PURPOSE OF AN ANNOUNCEMENT.
MR. FALL: MR. SPEAKER, CAN YOU PLEASE CALL THE
LABOR COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER WRIGHT: LABOR COMMITTEE TO
THE SPEAKER'S CONFERENCE ROOM. LABOR COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM.
MR. GANDOLFO FOR THE PURPOSE OF AN INTRODUCTION.
MR. GANDOLFO: THANK YOU, MR. SPEAKER. ON
BEHALF OF OUR COLLEAGUE MS. GIGLIO, PLEASE WELCOME ONE OF OUR
HONORED GUESTS IN THE CHAMBER HERE TODAY, SHARON SAVOCA MAHIN,
FOUNDER AND CEO OF SAVOCA ENTERPRISES, INC.
SAVOCA ENTERPRISES IS A CERTIFIED MWBE SINCE 2002.
SHARON IS THE VP OF THE BOARD OF DIRECTORS OF WOMEN CONSTRUCTION
OWNERS AND EXECUTIVES. SHE'S A BOARD MEMBER OF THE -- FOR THE
33
NYS ASSEMBLY APRIL 28, 2026
NATIONAL WOMEN'S BUSINESS ENTERPRISE COUNCIL, AND SHE'S THE CHAIR OF
THE STEERING COMMITTEE FOR THE WOMEN'S BUSINESS COUNCIL.
MR. SPEAKER, WOULD YOU PLEASE WELCOME OUR HONORED
GUEST HERE TODAY AND OFFER HER ALL THE CORDIALITIES OF THE FLOOR?
ACTING SPEAKER WRIGHT: THANK YOU.
ON BEHALF OF MR. GANDOLFO, MS. GIGLIO, THE SPEAKER
AND ALL THE MEMBERS, WE WELCOME YOU TO THE CHAMBER AND EXTEND THE
PRIVILEGES OF THE FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS. THANK
YOU SO MUCH FOR JOINING US.
(APPLAUSE)
MR. FALL FOR THE PURPOSES OF AN INTRODUCTION.
MR. FALL: THANK YOU, MR. SPEAKER. ON BEHALF OF
MEMBER BARRETT, WE HAVE A SPECIAL GUEST FROM HER DISTRICT WHO IS
ACTUALLY STANDING RIGHT NEXT TO HER, AND THE SPECIAL GUEST IS COLUMBIA
COUNTY SHERIFF JACKIE SALVATORE.
SHERIFF SALVATORE IS A PROUD GRADUATE OF HUDSON HIGH
SCHOOL. SHE WENT ON TO ATTEND COLUMBIA AND [SIC] GREENE COMMUNITY
COLLEGE AND EARNED AN ASSOCIATE'S DEGREE IN BIBLICAL STUDIES FROM
VISION CHRISTIAN BIBLE COLLEGE AND SEMINARY. SHE WAS ELECTED
COLUMBIA COUNTY SHERIFF LAST FALL, AND HAS BEEN LEADING THE SHERIFF'S
OFFICE AND THE DEPARTMENT WITH A COMMITMENT TO PUBLIC SAFETY AND
JUSTICE.
MR. SPEAKER, CAN YOU KINDLY WELCOME OUR WONDERFUL
SHERIFF TO THE PEOPLE'S HOUSE?
ACTING SPEAKER WRIGHT: ABSOLUTELY. THANK
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NYS ASSEMBLY APRIL 28, 2026
YOU.
ON BEHALF OF MR. FALL, MS. BARRETT, THE SPEAKER AND
ALL THE MEMBERS, WE WELCOME YOU, SHERIFF, TO THE CHAMBER, EXTEND THE
PRIVILEGES OF THE FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS TODAY.
THANK YOU SO MUCH FOR JOINING US.
(APPLAUSE)
ON DEBATE, PAGE 5, RULES REPORT NO. 98, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A03254-A, CALENDAR --
RULES REPORT NO. 98, DINOWITZ. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO REQUIRING CHILDREN ENROLLED IN AN OVERNIGHT CAMP,
SUMMER DAY CAMP OR TRAVELING SUMMER DAY CAMP TO BE VACCINATED.
ACTING SPEAKER WRIGHT: AN EXPLANATION HAS
BEEN REQUESTED.
MR. DINOWITZ.
MR. DINOWITZ: THIS BILL PROTECTING CHILDREN
WOULD REQUIRE THOSE CHILDREN WHO GO TO A -- A REGULATED SUMMER CAMP
TO BE VACCINATED, POTENTIALLY SAVING LIVES.
ACTING SPEAKER WRIGHT: MR. JENSEN.
MR. JENSEN: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER WRIGHT: WILL THE SPONSOR
YIELD?
MR. DINOWITZ: I WILL.
ACTING SPEAKER WRIGHT: THE SPONSOR YIELDS.
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NYS ASSEMBLY APRIL 28, 2026
MR. JENSEN: THANK YOU TO MY -- MY FRIEND FROM
THE BRONX. WOULD THIS -- IN YOUR EXPLANATION YOU MENTIONED THAT THIS
IS EXCLUSIVE TO REGULATED SUMMER CAMPS. WOULD IT ONLY APPLY TO
SUMMER CAMPS OR WOULD IT APPLY TO ANY CAMPS THAT ARE OFFERED BY A
REGULATED ENTITY LIKE CAMPS DURING SCHOOL BREAK PERIODS?
MR. DINOWITZ: IT -- IT TAKES IN OVERNIGHT, DAY OR
TRAVELING CAMPS. I BELIEVE THE TIME OF THE YEAR IS INDICATED HERE.
CAMPS THAT OPERATE BETWEEN JUNE 1ST AND JUNE 15TH IN THE CASE OF
TRAVELING -- IN -- IN THE CASE OF REGULAR CAMPS. AND THEN TRAVELING
SUMMER CAMPS ARE BETWEEN MAY 15TH AND SEPTEMBER 15TH.
MR. JENSEN: OKAY. SO BETWEEN THOSE TIME PERIODS
IS WHEN THIS LEGISLATION WOULD BE MANDATED FOR?
MR. DINOWITZ: YES.
MR. JENSEN: OKAY. WOULD IT APPLY TO -- OBVIOUSLY
YOU SAID ALL REGULATED CAMPS. WOULD IT APPLY TO BOTH PUBLIC AND
PRIVATE ENTITIES? I'LL USE EXAMPLES. IF A MUNICIPALITY OFFERS A SUMMER
CAMP PERIOD, WOULD THEY BE MANDATED TO REQUIRE THESE VACCINATIONS AS
WELL?
MR. DINOWITZ: IT APPLIES TO ALL REGULATED CAMPS.
MR. JENSEN: OKAY. NO -- ARE THERE ANY EXCEPTIONS
IN THE LEGISLATION NOT FOR WHO WOULD BE EXEMPTED FROM RECEIVING THE
VACCINES OR HAVING TO HAVE THE VACCINES, BUT ARE ANY CAMPS ABLE TO
HAVE AN EXEMPTION OR AN OPT-OUT MECHANISM?
MR. DINOWITZ: THE CAMPS WON'T. THERE ARE
CERTAIN CASES WHERE THE CHILD COULD BE EXEMPT IF THEY HAVE A LEGITIMATE
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NYS ASSEMBLY APRIL 28, 2026
MEDICAL EXEMPTION. BUT IN TERMS OF THE CAMPS, IT -- IT'S NOT A FACTOR AS
TO WHETHER THEY'RE PUBLIC OR PRIVATE.
MR. JENSEN: IS THE MEDICAL EXEMPTION THAT YOU
JUST RAISED, IS IT CONSISTENT WITH THE MEDICAL EXEMPTION THAT IS APPLIED
FOR THE VACCINE REQUIREMENTS FOR SCHOOL ADMISSION?
MR. DINOWITZ: YES.
MR. JENSEN: OKAY. HAVE THERE -- HAS THERE BEEN
ANY COMMENT OR FEEDBACK FROM THE ENTITIES, WHETHER PUBLIC OR PRIVATE,
WHO OPERATE THESE CAMPS? I'LL USE FOR AN EXAMPLE, I KNOW THERE'S A
VERY PROMINENT CAMP ORGANIZATION ON LONG ISLAND, TLC FAMILY OF
CAMPS OR THE TIMBER LAKE CAMP, WHICH I KNOW HAS A VERY INFLUENTIAL
OWNER AND OPERATOR. HAS THERE HAVE BEEN ANY FEEDBACK FROM THEM ON
THIS MANDATE THAT COULD POTENTIALLY LIMIT THE AMOUNT OF CAMPERS THEY
HAVE?
MR. DINOWITZ: I'VE NOT RECEIVED FEEDBACK. I'M --
I'M FAMILIAR WITH SOME OF THOSE CAMPS, AS YOU CAN IMAGINE. AND IN
TERMS OF LIMITING THE NUMBER OF PEOPLE THEY COULD HAVE, I DON'T KNOW
THAT THERE WOULD BE A SIGNIFICANT -- THE VACCINATION RATES FOR YOUNG
CHILDREN ARE -- LIKE THE MMR, ARE PROBABLY 95 PERCENT OR MORE. SO THE
POTENTIAL LIMITATIONS WOULD BE VERY LIMITED. BUT REGARDLESS OF THAT, I
KNOW IF ONE OF MY GRANDCHILDREN WAS ATTENDING A SUMMER CAMP, I
WOULD NOT WANT KIDS WHO ARE UNVACCINATED AND WHO COULD BE
VACCINATED TO -- TO BE THERE. THEY SHOULD GET VACCINATED. NOW, OF
COURSE SOME CHILDREN FOR ONE MEDICAL REASON OR ANOTHER CAN'T BE, AND
THAT'S WHY IT'S SO IMPORTANT TO HAVE A HIGH VACCINATION RATE SO WE DO
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NYS ASSEMBLY APRIL 28, 2026
HAVE HERD IMMUNITY PROTECTING ALL THE KIDS.
MR. JENSEN: YEAH. SO IN THE -- IN THE SCHOOL
EXAMPLE, IF -- IF A FAMILY CHOOSES NOT TO VACCINATE THEIR CHILD THEY CAN'T
ACCESS PUBLIC, PRIVATE, PAROCHIAL, RELIGIOUS EDUCATION OPPORTUNITIES, BUT
THEY STILL HAVE THE ABILITY TO RECEIVE AN EDUCATION THROUGH HOME
SCHOOLING MECHANISMS.
MR. DINOWITZ: RIGHT.
MR. JENSEN: SO THERE IS STILL AN OPTION FOR THEM TO
GET THAT REQUIRED EDUCATION. IS THERE A CONCERN THAT BY BARRING CHILDREN
WHOSE FAMILIES CHOOSE NOT TO VACCINATE THEIR CHILDREN FROM ACCESS TO
ANY SUMMER CAMP WITHOUT AN ALTERNATIVE OPTION? THERE IS A CONCERN
THAT YOU COULD EFFECTIVELY PUNISH FAMILIES FOR EXERCISING THEIR MEDICAL
RIGHT ON THE CARE OF THEIR CHILD?
MR. DINOWITZ: WELL, WHAT I REALLY WOULD HATE TO
DO IS PUNISH THE CHILD WHO, FOR MEDICAL REASONS, CAN'T BE VACCINATED,
THEREBY POTENTIALLY JEOPARDIZING THEIR HEALTH OR SAFETY. NOW, IF YOU'VE
BEEN READING THE PAPERS, AND I'M SURE -- I'M SURE YOU HAVE, IN THE PAST
YEAR YOU'VE NOTICED THAT THE MEASLES, WHICH IS THE MOST COMMUNICABLE
DISEASE ON THE PLANET WHICH WAS DECLARED EXTINCT, BASICALLY, I DON'T
KNOW, 25 YEARS AGO, HAS MADE A COMEBACK. AND NOT SURPRISINGLY, THE
LOCATIONS WHERE IT'S MADE A COMEBACK ARE THE PLACES WHERE THE
VACCINATION RATES ARE LOWER, SUCH AS THOSE COMMUNITIES IN TEXAS OR
OKLAHOMA OR NEW MEXICO OR SOUTH CAROLINA -- I'M NOT GONNA TALK
ABOUT THEIR POLITICS; NOT REALLY RELEVANT, ALTHOUGH ACTUALLY IT IS. BUT THE
FACT IS THAT IN PLACES LIKE NEW YORK, IN PART THANKS TO THE BILL THAT I
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NYS ASSEMBLY APRIL 28, 2026
PASSED, THAT WE ALL PASSED -- WELL, MANY OF US PASSED -- IN 2019, OUR
VACCINATION RATES ARE HIGHER, PROVIDING SAFETY TO KIDS. BUT IF A CHILD --
IF A PARENT DOESN'T WANNA VACCINATE THEIR CHILD, AND NO ONE CAN FORCE
THEM TO, THEY DO HAVE THE RIGHT TO HOME SCHOOL THEM. BUT IN TERMS OF
A CAMP, WE STILL DON'T WANT ANY OTHER KID JEOPARDIZED BECAUSE THAT
PARENT DECIDES THAT THEY DON'T WANT TO VACCINATE THEIR CHILD WHO HAS NO
SAY IN WHETHER TO GET VACCINATED.
MR. JENSEN: SO YOU JUST LISTED A WHOLE BUNCH OF
STATES WHERE THERE HAS BEEN HIGHER CASES OF THESE SORT OF
COMMUNICABLE ILLNESSES. YOU DIDN'T MENTION NEW YORK STATE AS ONE
OF THEM, AND -- BECAUSE YOU SAID THE REASON -- BECAUSE WE'VE ALREADY
DONE LEGISLATION FOR THIS. SO WHEN THERE HAS BEEN MEASLES OUTBREAKS IN
NEW YORK STATE, HOW MANY OF THEM ARE HAPPENING -- HAPPENING AT
SUMMER CAMPS?
MR. DINOWITZ: I DON'T HAVE DATA ON THAT TO GIVE
YOU.
MR. JENSEN: SO IF WE DON'T HAVE THE DATA TO SAY
THAT THIS LAW IS NECESSARY TO PRESENT -- TO PREVENT THE SPREAD OF ILLNESS
IN SUMMER CAMPS BECAUSE IN YOUR OPINION WE HAVE A STRONG ENOUGH
PIECE OF LEGISLATION ALREADY ON THE BOOKS THROUGH LAW FOR SCHOOLS, AND
WE DON'T HAVE ANY EVIDENCE OR DATA TO SAY THAT WE'RE SEEING THESE
ILLNESSES SPREAD IN SUMMER CAMPS, WHY ARE WE ENACTING POTENTIALLY A
LAW TO SOLVE A PROBLEM THAT DOESN'T EXIST IN NEW YORK STATE?
MR. DINOWITZ: WELL, I DIDN'T SAY IT DOESN'T EXIST.
WHAT I SAID IS I DON'T HAVE ANY DATA ON IT. BUT THE FACT IS, THE MORE
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NYS ASSEMBLY APRIL 28, 2026
CHILDREN THAT ARE VACCINATED, NOT ONLY DOES THAT PROVIDE A HIGH DEGREE
OF SAFETY FOR THEM, BUT ALSO FOR OTHER CHILDREN, PARTICULARLY THOSE WHO
ARE -- ARE VULNERABLE BECAUSE THEY'RE NOT CAPABLE OF BEING VACCINATED.
PERHAPS THEY'RE CANCER PATIENTS, OR FOR WHATEVER REASON.
MR. JENSEN: SO COULDN'T A IMMUNOCOMPROMISED
CAMPER SPREAD AN ILLNESS TO ANOTHER IMMUNO -- IMMUNOCOMPROMISED
CAMPER?
MR. DINOWITZ: IT -- IT'S CERTAINLY POSSIBLE, BUT --
MR. JENSEN: SO WHY AREN'T WE BANNING THEM FROM
CAMPS?
MR. DINOWITZ: BUT THE HIGHER THE VACCINATION
RATE, THE LESS LIKELY IT IS. IF THE VACCINATION RATE IS 95 PERCENT -- AND
THIS IS ACCORDING TO SCIENTISTS, NOT SOME WACKO ON THE INTERNET, THIS IS
ACCORDING TO SCIENTISTS -- IF THE VACCINATION RATES ARE 95 PERCENT OR
GREATER, IT'S EXTREMELY UNLIKELY THAT THE MEASLES OR SOME OF THESE OTHER
DISEASES WOULD SPREAD, EVEN IF SOMEBODY DID HAVE IT.
MR. JENSEN: AND I UNDERSTAND SCIENCE AND I
BELIEVE IN SCIENCE.
MR. DINOWITZ: EXCELLENT.
MR. JENSEN: BUT WHAT I'M CONCERNED ABOUT IS THAT
UNLIKE IN AN EDUCATION SETTING WHERE THERE IS AN ALTERNATIVE OPTION,
THERE IS NO ALTERNATIVE OPTION FOR CAMPERS WHO MAKE THE CHOICE TO GET
COMPROMISED OTHER THAN, IN YOUR OPINION, JUST DON'T GO TO CAMP. AM I
CORRECT IN THAT?
MR. DINOWITZ: YOU ARE ACTUALLY INCORRECT.
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NYS ASSEMBLY APRIL 28, 2026
MR. JENSEN: OKAY. WOULDN'T BE THE FIRST TIME.
MR. DINOWITZ: THIS BILL VERY CLEARLY TALKS ABOUT
REGULATED CAMPS. THERE ARE SOME CAMPS THAT ARE NOT REGULATED, AND IF
-- IF THE PARENT OR PARENTS WANT TO SEND THEIR CHILD TO SUCH A CAMP, AN
UNREGULATED CAMP, THEY COULD DO THAT IF THEY WANT TO EXERCISE THAT
OPTION.
MR. JENSEN: DO -- DO YOU -- AND I'M NOT FAMILIAR
WITH THE -- THE DIFFERENCE BETWEEN -- I'M FAMILIAR WITH REGULATED
CAMPS. DO YOU HAVE AN EXAMPLE OF AN UNREGULATED CAMP THAT MAY BE
IN THE COMMUNITY, WHETHER IN -- IN UPSTATE, ON LONG ISLAND, IN NEW
YORK CITY?
MR. DINOWITZ: WELL, THE -- THE BILL HERE COVERS
DAY CAMPS, OVERNIGHT -- YOU KNOW, SLEEP-AWAY CAMPS AND TRAVELING
CAMPS. THERE MIGHT BE OTHER POTENTIAL TYPES OF CAMPS. I DOUBT THAT I
WOULD WANT TO SEE ANYBODY RELATED TO ME GO TO AN UNREGULATED CAMP
BECAUSE I WANT TO MAKE SURE THEY'RE IN A PLACE WHERE THEY'RE SAFE. BUT
-- BUT -- IF -- IF THE PARENTS THINK IT'S SAFE FOR THE CHILD NOT TO BE
VACCINATED, I'M PRETTY SURE THE PARENT IS GONNA BE OKAY WITH THIS
UNREGULATED CAMP. JUST BECAUSE IT'S NOT REGULATED DOESN'T MEAN IT'S
UNSAFE, NECESSARILY.
MR. JENSEN: SO -- SO REGULATED CAMPS HAVE A
HIGHER MANDATED BURDEN OF SAFETY PRECAUTIONS EVEN TAKING THIS BILL OUT
OF THE -- PART OF THE CONVERSATION. SO YOU'RE OKAY WITH -- IF A CHILD ISN'T
VACCINATED, YOU'RE OKAY WITH A CHILD GOING TO A POTENTIALLY UNSAFER
CAMP IF IT'S UNREGULATED JUST BECAUSE THEY -- THE FAMILY CHOSE NOT TO
41
NYS ASSEMBLY APRIL 28, 2026
VACCINATE THEIR CHILD, FOR WHATEVER REASON THEY CHOOSE, JUST BECAUSE OF
THAT CHOICE?
MR. DINOWITZ: IF THE PARENT WANTS TO MAKE THE
CHOICE TO SEND THEIR CHILD TO AN UNREGULATED CAMP -- AND -- AND AGAIN,
I'M NOT SAYING THEY'RE UNSAFE. BUT IF THE PARENT WANTS TO MAKE THAT
CHOICE -- BECAUSE I KNOW SOME PEOPLE ARE ALL FOR CHOICE IN -- IN THIS
REGARD -- THEY COULD DO THAT. BUT TO ME THE OVERRIDING CONCERN IS
MAKING SURE THAT THE CHILDREN AS A WHOLE ARE SAFE. AND THAT MEANS NOT
SPREADING ANY DISEASE THAT -- THAT DOESN'T HAVE -- THAT SHOULDN'T BE
SPREAD. IT'S -- IT'S REALLY VERY STRAIGHTFORWARD.
MR. JENSEN: DO YOU HAVE -- AND I KNOW YOU
MENTIONED YOU DON'T HAVE ANY DATA ON HOW MANY OF THE VACCINATED
ILLNESSES ARE CURRENTLY BEING SPREAD IN SUMMER CAMPS. DO WE HAVE
ANY DATA ON THE AMOUNT OF CAMPERS IN NEW YORK AT REGULATED CAMPS
WHO ARE CURRENTLY UNVACCINATED?
MR. DINOWITZ: I DO NOT. MANY CAMPS WOULD
REQUIRE THE CHILD TO BE VACCINATED ANYWAY --
MR. JENSEN: OKAY.
MR. DINOWITZ: -- REGARDLESS OF WHETHER WE PASS
THIS LEGISLATION.
MR. JENSEN: SO BECAUSE WE ALREADY HAVE THAT IN
STATUTE THAT CAMPS CAN ALWAYS PUT IN PLACE A HIGHER BURDEN AND
MANDATE THAT ALL CAMPERS HAVE TO BE VACCINATED, WHAT IS THE PROBLEM
WITH ALLOWING THESE CAMPS TO MAKE THE DETERMINATION ON THEIR OWN,
AND ALLOWING THE PARENTS WHO CHOOSE TO SEND THEIR CHILD TO A CAMP TO
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NYS ASSEMBLY APRIL 28, 2026
BE AWARE OF WHAT THE CAMP PROCEDURES ARE, AND IF THEY HAVE AN
IMMUNOCOMPROMISED CHILD OR THEY JUST DON'T WANT THEIR CHILD TO BE IN
A CAMP WITH SOMEBODY WHO IS UNVACCINATED, TO ALLOW THAT PERSONAL
CHOICE TO SAY, WELL, I DON'T WANT TO SEND MY CHILD TO THIS CAMP. I'LL
SEND THEM TO THIS OTHER CAMP. WHY -- WE WANT -- WE WANT TO RESPECT
CHOICE IN ONE RESPECT, BUT WE DON'T WANT TO ALLOW CHOICE ON THE OTHER
SIDE.
MR. DINOWITZ: WELL, FIRST, THE FACT THAT PROBABLY
MOST REGULATED CAMPS DO REQUIRE VACCINATIONS, THAT'S GOOD BUT IT'S NOT
-- IT'S NOT A LEGAL REQUIREMENT. SOME OF THEM MAY NOT DO THAT. AND IN
TERMS OF CHOICE, I BELIEVE PEOPLE SHOULD BE ABLE TO MAKE CHOICES. BUT
WHEN THEIR CHOICES IMPACT OTHER PEOPLE, ESPECIALLY LITTLE KIDS, THAT'S
WHERE WE HAVE TO TAKE A STAND ON PREVENTING THEM FROM DOING
SOMETHING THAT COULD BE BAD FOR OTHER CHILDREN. IF A PARENT DOESN'T
WANNA VACCINATE THEIR KID, THAT'S -- THAT IS THEIR BUSINESS. THEY CAN
DECIDE THAT. BUT THEN THEY CAN'T DECIDE TO JEOPARDIZE SOMEBODY ELSE'S
KID.
MR. JENSEN: SO BECAUSE A CHILD -- A PARENT
CHOOSES NOT TO VACCINATE THEIR CHILD THEY SHOULDN'T HAVE FULL ACCESS TO
SOCIETY IS WHAT YOU'RE SAYING?
MR. DINOWITZ: WELL, YOU'RE PUTTING WORDS IN MY
MOUTH.
MR. JENSEN: A LITTLE BIT.
MR. DINOWITZ: I AM SAYING THAT IF THE PARENT
CHOOSE -- OKAY. I'LL GIVE YOU AN EXAMPLE OF -- IT WASN'T TOO LONG AGO
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NYS ASSEMBLY APRIL 28, 2026
THAT SOMEBODY ON THE STREET SAW ME -- AND IT'S VERY UNUSUAL FOR THIS TO
HAPPEN IN MY DISTRICT BECAUSE MOST OF THE PEOPLE LIKE THAT AREN'T IN MY
DISTRICT. BUT A PERSON ACCUSED ME OF THROWING HER KID OUT OF SCHOOL.
AND I SAID TO HER, I DIDN'T THROW YOUR KID OUT OF SCHOOL, YOU CHOSE TO
TAKE YOUR KID OUT OF SCHOOL. YOU KNOW, THAT'S A LITTLE BIT DIFFERENT. IF A
PARENT MAKES A CHOICE BECAUSE OF THEIR OWN POLITICAL BELIEFS, WHICH IS
WHAT IT COMES DOWN TO IN CHOOSING NOT TO VACCINATE, YOU KNOW, FINE.
BE MY GUEST. JUST DON'T LET IT IMPACT OTHER CHILDREN. DON'T LET IT -- THE
POTENTIAL EXISTS FOR CERTAIN -- FIRST OF ALL, THE VACCINE ISN'T 100
FOOLPROOF. BUT IT'S A VERY HIGH PERCENTAGE, 97, WHATEVER THE NUMBER IS,
IT'S NOT PERFECT. AND -- AND THEN OF COURSE THERE ARE THE
IMMUNOCOMPROMISED KIDS. THEY COULD CHOOSE -- A PARENT CAN CHOOSE
TO NOT VACCINATE THEIR CHILD, BUT I DON'T WANT THEM, AND I DON'T THINK
MOST OF US WANT THEM DOING SOMETHING THAT'S GOING TO NEGATIVELY
IMPACT SOMEBODY ELSE'S CHILD BECAUSE THEY HAVE RIGHTS ALSO.
MR. JENSEN: OKAY. SO YOU MENTIONED THAT THE
CHOICE TO -- TO NOT VACCINATE IS A POLITICAL CHOICE. BUT I AM AWARE OF
ALSO A LOT OF FOLKS ACROSS THE STATE OF VARYING FAITH BELIEFS THAT CHOOSE
NOT TO VACCINATE ON RELIGIOUS GROUNDS. AND IF A RELIGIOUS INSTITUTION,
NO MATTER THAT FAITH, OPERATES A REGULATED SUMMER CAMP BUT MEMBERS
OF THAT FAITH CHOOSE NOT TO VACCINATE FOR A CERTAIN PURPOSE, WOULD THE
STATE BE MANDATING THAT RELIGIOUS INSTITUTIONS FORCE ADHERENCE TO THEIR
FAITH TO VACCINATE TO HAVE ACCESS TO A CAMP THAT'S IN THE PERSON'S FAITH
GROUP?
MR. DINOWITZ: WELL, FIRST OF ALL, I'M CERTAINLY NOT
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NYS ASSEMBLY APRIL 28, 2026
A RELIGIOUS SCHOLAR. BUT TO MY KNOWLEDGE, THERE ARE VIRTUALLY NO
RELIGIONS THAT SAY DON'T VACCINATE. THAT'S JUST NOT --
MR. JENSEN: I'M NOT SAYING THE RELIGIONS ARE SAYING
--
MR. DINOWITZ: THAT'S JUST NOT A THING. AND IN
TERMS OF WHETHER IT'S AGAINST SOMEBODY'S RELIGIOUS BELIEFS, WE DEBATED
THAT ALREADY. WE RESOLVED IT ON THIS FLOOR. WE PASSED A LAW. THERE IS
NO NON-MEDICAL EXEMPTIONS TO VACCINE REQUIREMENTS FOR SCHOOLS IN
NEW YORK STATE.
MR. JENSEN: I -- I WASN'T A MEMBER OF THE -- THE
ASSEMBLY WHEN THAT BILL CAME UP, SO --
MR. DINOWITZ: THAT MAY BE TRUE BUT NONETHELESS
IT'S THE LAW.
MR. JENSEN: I'M JUST SAYING I WASN'T ABLE TO DEBATE
THAT BILL OR TO -- TO BE A PART OF THAT DEBATE. SO THIS IS -- THIS IS THE FIRST
TIME I'M DEBATING THIS LEGISLATION OR ANY TYPE OF LEGISLATION TO DO WITH
THIS, BUT I'M JUST CONCERNED.
THANK YOU, MR. DINOWITZ, FOR ANSWERING MY
QUESTIONS.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. JENSEN: THANK YOU, MADAM SPEAKER. I
CERTAINLY UNDERSTAND SCIENCE. I BELIEVE IN SCIENCE. I VACCINATE MYSELF,
MY CHILDREN, AND -- AND I CHOOSE TO DO THAT, MY WIFE AND I. HOWEVER,
WHEN WE TALK ABOUT ACCESS TO SUMMER CAMPS, WHAT THIS LEGISLATION IS
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NYS ASSEMBLY APRIL 28, 2026
DOING IS TAKING OUT ALL AVAILABLE CHOICE AND CREATING NO OPPORTUNITIES
FOR FAMILIES WHO, FOR WHATEVER REASON, WHETHER IT'S RELIGIOUS, WHETHER
IT'S MEDICAL, WHETHER IT'S POLITICAL, WHATEVER THE REASON IS TO NOT HAVE
ACCESS TO A PART OF OUR SOCIETY THAT THEY CURRENTLY HAVE ACCESS TO NOW.
THE SPONSOR BRINGS UP THE VACCINE MANDATE THAT'S IN
SCHOOLS, BUT THERE IS ALREADY AN OPTION THAT IS ACCREDITED, THAT IS
REGULATED THROUGH A HOME SCHOOL CURRICULUM IF PARENTS CHOOSE TO
PURSUE THAT. SIMPLY SAYING THAT WELL, IF THEY DON'T WANT TO GET A
VACCINE AND THEY CAN GO TO AN UNREGULATED CAMP WHERE THERE MAY BE
LOWER STANDARDS OF SAFETY FOR WELL-BEING AND SAFETY OF ALL CAMPERS, I
BELIEVE, TO A DEGREE, IS A RED HERRING.
WE DON'T HAVE ANY DATA ON HOW MANY INCIDENTS OF
SPREAD OF VACCINATED ILLNESSES ARE HAPPENING AT SUMMER CAMPS. WE
HAVEN'T HEARD FROM THE ENTITIES THAT OPERATE CAMPS LIKE TLC FAMILY OF
CAMPS, THE YMCA, TOWNS, VILLAGES, COUNTIES, CITIES THAT OPERATE
CAMPS FOR THEIR -- THEIR CONSTITUENTS AND OUR MUTUAL CONSTITUENTS. AND
WE'RE CREATING A TWO-TIER SYSTEM WHEN WE ALREADY HAVE A SYSTEM IN
PLACE THAT IS PROTECTING CHILDREN, THAT IS ALLOWING CAMPS TO HAVE A
HIGHER BURDEN OF ENTRANCE AND MAY MANDATE THAT ALL CAMPERS HAVE
VACCINES, AND ALLOWING PARENTS TO MAKE AN EDUCATED CHOICE ON
WHETHER OR NOT THEY WANT TO SEND THEIR CHILDREN TO THESE CAMPS
KNOWING THAT THERE MAY BE OTHER CHILDREN -- WHETHER
IMMUNOCOMPROMISED OR ACTIVELY CHOOSING NOT TO VACCINATE -- IN CLOSE
PROXIMITY TO THEM. CERTAINLY UNDERSTANDING ONE OF THE REASONS WHY
WE PASSED -- AND EVEN THOUGH I WASN'T A MEMBER OF THIS CHAMBER FOR
46
NYS ASSEMBLY APRIL 28, 2026
THIS DEBATE -- THE SCHOOL VACCINE REQUIREMENT IS BECAUSE SCHOOL
HAPPENS INDOORS, AND ALL ILLNESSES ARE MORE TRANSFERRABLE IN A CONFINED
SPACE. WHEN YOU HAVE A DAY CAMP OR A SUMMER CAMP THAT'S
PREDOMINANTLY TAKING PLACE OUTSIDE, YOU DO NOT HAVE CHILDREN OR
ANYBODY ELSE IN THAT SAME SITUATION WHERE ILLNESS CAN SPREAD AS EASILY.
SO CERTAINLY I BELIEVE IN KEEPING KIDS SAFE. I BELIEVE
IN SCIENCE. I BELIEVE IN VACCINES. HOWEVER, I DON'T BELIEVE THAT THIS
LEGISLATION, WITHOUT STAKEHOLDER BUY-IN, WITHOUT STAKEHOLDER
INVOLVEMENT OR ANY CLEAR DATA TO KNOW IF WE'RE ACTUALLY SOLVING A
PROBLEM THAT IS HAPPENING IN THIS STATE, I BELIEVE IT IS A STEP TOO FAR.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ARI BROWN.
MR. A. BROWN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. DINOWITZ: YES, I WILL.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. A. BROWN: THANK YOU, MR. SPONSOR. JUST ONE
REAL QUESTION. I DO APPRECIATE THE SENTIMENT WHAT YOU'RE TRYING TO
BRING FORWARD. FATHER OF SEVEN, GRANDFATHER TO SIX, WE CERTAINLY AS
GRANDFATHERS LOOK TO PROTECT OUR KIDS. JUST A POINT OF CLARIFICATION.
YOU MENTIONED A PARENT -- OR A CHILD SHOULDN'T BE SENT TO A SCHOOL OR A
CAMP OR WHATEVER IT IS, THEY CAN MAKE THEIR OWN DETERMINATION BUT IT
47
NYS ASSEMBLY APRIL 28, 2026
SHOULDN'T IMPACT OTHER CHILDREN. A DECISION OF THE PARENT SHOULDN'T
IMPOSE THEIR WILL ON OTHER KIDS WHO MAY OR MAY NOT BE VACCINATED, BUT
THEY CAN BE INDEPENDENT. DID I UNDERSTAND THAT CORRECTLY?
MR. DINOWITZ: I SAID PARENTS CAN DECIDE WHETHER
TO HAVE THEIR CHILDREN VACCINATED, AND THAT'S THEIR CHOICE. BUT WHEN
THEY EXPOSE AN UNVACCINATED CHILD TO ANOTHER CHILD WHO MAYBE IS
VACCINATED, MAYBE IS NOT, MAYBE IS IMMUNOCOMPROMISED, THEN THEY'RE
TAKING AWAY THE CHOICE FROM OTHER PARENTS AND CHILDREN.
MR. A. BROWN: THAT -- THAT WAS EXACTLY MY POINT,
MR. SPONSOR. I THOUGHT THAT'S WHAT YOU SAID. IT'S -- IT'S THAT CHOICE,
TAKING AWAY THE ABILITY FOR THAT PARENT TO SAY, HEY, I DON'T WANT THEM
NEAR THIS PARTICULAR KID. WHAT IS YOUR OPINION ABOUT A 200-POUND
MALE THAT IDENTIFIES AS A WOMAN PLAYING IN GIRL'S SPORTS? WHAT'S -- YOU
KNOW, THE PARENTS DON'T --
(INDISCERNIBLE/CROSSTALK)
MR. DINOWITZ: MY OPINION IS THAT THE CHAIR IS
UNDOUBTEDLY --
MR. A. BROWN: LET ME --
MR. DINOWITZ: -- GONNA RULE THAT'S NOT GERMANE TO
THIS DISCUSSION.
MR. A. BROWN: LET ME FINISH. LET ME FINISH. AS I
WAS SAYING --
ACTING SPEAKER HUNTER: WE'RE GONNA WAIT
AND ASK AND ANSWER QUESTIONS.
MR. A. BROWN: CORRECT. I WAS IN THE MIDDLE OF
48
NYS ASSEMBLY APRIL 28, 2026
SPEAKING, MADAM SPEAKER. MY POINT WAS, AS GRANDPARENTS WE'RE
LOOKING OUT FOR OUR KIDS, AS YOU HAD SAID. WE WANT A PARENT -- HEY, IF
THAT OTHER KID DOESN'T WANT TO BE VACCINATED, WHY IMPOSING THEIR WILL?
WHY IS IT ANY DIFFERENT WHEN A PERSON WHO IS MUCH STRONGER THAN A GIRL
-- A BOY WHO IS MUCH STRONGER THAN A -- THAN A YOUNG GIRL, TO BE
ALLOWED TO PLAY IN A SPORT PUTTING THOSE KIDS IN DANGER? IS ONE GROUP
OF CHILDREN MORE IMPORTANT THAN ANOTHER?
MR. DINOWITZ: MY OPINION, RE -- REGARDLESS OF
WHAT I THINK OF THAT, IS THAT A -- AN -- A CHILD WHO IS 200 POUNDS BEING
NEAR A CHILD WHO IS LESS THAN 200 POUNDS HAS NOTHING TO DO WITH
WHETHER THEY'RE GOING TO SPREAD A DISEASE. THERE MAY BE OTHER ISSUES
WHICH YOU FEEL STRONGLY ABOUT, BUT IT HAS NOTHING TO DO WITH SPREADING
A DISEASE, AND THAT'S WHAT THIS BILL ABOUT AND THAT'S WHAT THIS DISCUSSION
IS ABOUT.
MR. A. BROWN: THANK YOU, MR. SPONSOR. SO
YOU'RE SAYING WE ARE ONLY GONNA PROTECT CHILDREN UNDER CERTAIN
CIRCUMSTANCES IN NEW YORK, BUT NOT LOOK AFTER CHILDREN IN ALL
CIRCUMSTANCES? IS -- IS THAT WHAT YOU'RE SAYING?
MR. DINOWITZ: DID YOU HEAR ME SAY THAT?
MR. A. BROWN: ACTUALLY, I DID. BECAUSE YOU --
MR. SPONSOR, YOU HAD SAID --
MR. DINOWITZ: YOU DID? WHAT'S THE -- WHAT'S THE
SOUND EQUIVALENT OF AN OPTICAL ILLUSION? I'M NOT SURE, BUT THAT'S NOT
WHAT I SAID.
MR. A. BROWN: VERY SIMPLE. YOU HAD SAID THAT
49
NYS ASSEMBLY APRIL 28, 2026
WE SHOULD -- IT'S NOT FAIR THAT ONE CHILD SHOULD NOT BE PROTECTED BASED
ON ANOTHER CHILD OR PARENT'S DECISION. I -- I DON'T HAVE TO EXTRAPOLATE
OUT THAT FAR TO AGREE WITH YOU AND SAY WHY DON'T WE PROTECT ALL
CHILDREN, MR. SPONSOR. WHY IS THAT SO DIFFERENT IN ANY WAY? WE'RE
LOOKING TO PROTECT CHILDREN. I MEAN, THERE ARE SO MANY VACCINATIONS
AND SO MANY DISEASES AND SO MANY CHILDREN OF DIFFERENT MAKE-UP.
WHY IS THE PROTECTION OF CHILDREN NOT IMPORTANT TO YOU, MR. SPONSOR,
IN THAT REGARD?
MR. DINOWITZ: SO WHAT YOU'RE ACTUALLY SAYING,
SINCE I'M GONNA EXTRAPOLATE FROM WHAT YOU SAID, IS THAT YOU'RE EQUATING
A CHILD WHO'S UNVACCINATED AND POTENTIALLY IS CARRYING A DISEASE WITH A
TRANS CHILD. THAT'S PRETTY MUCH WHAT YOU SAID AND, FRANKLY, IT'S
OFFENSIVE.
MR. A. BROWN: TO -- TO DEFEND CHILDREN IN ANY
REGARD NO MATTER WHAT WALK OF LIFE I DON'T THINK SHOULD BE OFFENSIVE,
MR. SPONSOR. I -- I JUST WANT TO REMIND YOU, YOU HAD SAID IT'S NOT FAIR
THAT ONE PARENT OF A CHILD SHOULD MAKE A DECISION THAT WILL AFFECT
OTHERS.
THANK YOU, MR. SPONSOR. THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT OCTOBER 1ST.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
50
NYS ASSEMBLY APRIL 28, 2026
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
MINORITY CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF
LEGISLATION. BUT IF THERE ARE YES VOTES, THEY MAY BE CAST NOW AT THE
MEMBERS' SEATS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. FALL.
MR. FALL: THANK YOU, MADAM SPEAKER. THE
MAJORITY CONFERENCE WILL SUPPORT THIS LEGISLATION. FOR THOSE THAT
WOULD LIKE TO VOTE IN A DIFFERENT DIRECTION, THEY COULD DO SO AT THEIR
DESK.
ACTING SPEAKER HUNTER: THANK YOU.
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: MADAM SPEAKER, CAN YOU CALL ON THE
MENTAL HEALTH COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER HUNTER: MENTAL HEALTH
COMMITTEE, PLEASE MAKE YOUR WAY TO THE SPEAKER'S CONFERENCE ROOM.
MENTAL HEALTH COMMITTEE MEMBERS, MAKE YOUR WAY TO THE SPEAKER'S
CONFERENCE ROOM.
PAGE 5, RULES REPORT NO. 99, THE CLERK WILL READ.
51
NYS ASSEMBLY APRIL 28, 2026
THE CLERK: ASSEMBLY NO. A09140, RULES REPORT
NO. 99, ROSENTHAL, SHIMSKY. AN ACT TO AMEND THE PUBLIC HEALTH LAW,
IN RELATION TO LIABILITY PROTECTIONS FOR PERSONS ADMINISTERING
VACCINATIONS.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MS. ROSENTHAL.
MS. ROSENTHAL: THIS BILL WOULD EXTEND EXISTING
LIABILITY PROTECTION FOR HEALTHCARE PROVIDERS WHO ISSUE VACCINES IN
ACCORDANCE WITH STATE OR LOCAL GUIDELINES.
ACTING SPEAKER HUNTER: MR. JENSEN.
MR. JENSEN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. JENSEN: I THANK OUR COLLEAGUE FROM
MANHATTAN FOR YIELDING FOR SOME QUESTIONS.
YOU MENTIONED THIS WOULD EXTEND EXISTING
PROTECTIONS. WHAT ARE THE CURRENT LEGAL PROTECTIONS PROVIDERS HAVE IN
TERMS OF ADMINISTERING IMMUNIZATIONS OR VACCINES?
MS. ROSENTHAL: WELL, AS LONG AS VACCINES ARE
ADMINISTERED IN ACCORDANCE WITH THE ADVISORY COMMITTEE ON
IMMUNIZATION PRACTICES, VACCINE PROVIDERS ARE FULLY PROTECTED FROM
52
NYS ASSEMBLY APRIL 28, 2026
LIABILITY.
MR. JENSEN: AND HOW WOULD THIS LEG -- WOULD THIS
LEGISLATION CHANGE ANY OF THE PROTECTIONS?
MS. ROSENTHAL: NO, NO. NO. THEY WOULD BE THE
SAME.
MR. JENSEN: SO IF -- PROVIDERS ALREADY HAVE THE
PROTECTION IN STATE STATUTE?
MS. ROSENTHAL: WELL, IF THEY ADHERE TO FEDERAL
RECOMMENDATIONS.
MR. JENSEN: IN EXISTING STATUTE, IS IT FEDERAL, STATE
AND LOCAL OR IS IT FEDERAL, STATE OR LOCAL?
MS. ROSENTHAL: RIGHT NOW WE ADHERE TO FEDERAL
STANDARDS.
MR. JENSEN: SO THERE'S NO LANGUAGE IN THE EXISTING
STATUTE ABOUT STATE OR LOCAL LAW -- OR STATE OR LOCAL STANDARDS?
(CONFERENCING)
MS. ROSENTHAL: OKAY. SO WHAT WE HAVE REFLECTS
THE FEDERAL STANDARDS. HOWEVER, IN THE EVENT THAT THE FEDERAL
STANDARDS CHANGE, THE STATE COULD ESTABLISH ITS OWN. SO THIS WOULD
CONFER LIABILITY IF THE PROVIDER ADHERES TO STATE STANDARDS.
MR. JENSEN: SO IN THE SITUATION RIGHT NOW, OR THAT
WE'RE -- WE'RE SEEKING TO FIX, IF A NEW YORK-BASED PROVIDER
ADMINISTERS A VACCINATION, THEY HAVE TO -- THEY ARE GOVERNED BY
FEDERAL REGULATIONS IN TERMS OF LIABILITY UPON ANY INCIDENT OF VACCINE
INJURY, CORRECT?
53
NYS ASSEMBLY APRIL 28, 2026
MS. ROSENTHAL: CORRECT.
MR. JENSEN: SO IF THERE -- A PATIENT WANTED TO HAVE
A RIGHT OF ACTION AGAINST THAT PROVIDER, WOULD THEY HAVE THE ACTION IN
FEDERAL COURT OR IN STATE COURT?
(CONFERENCING)
MS. ROSENTHAL: SO -- SO RIGHT NOW THAT WOULD GO
TO FEDERAL COURT OF CLAIMS.
MR. JENSEN: OKAY.
MS. ROSENTHAL: I WOULD EXPECT IF THEY'RE
ADHERING TO STATE, IT WOULD GO TO A STATE COURT.
MR. JENSEN: SO IF THIS -- THIS LEGISLATION WERE TO BE
ENACTED INTO LAW --
MS. ROSENTHAL: YES.
MR. JENSEN: -- AND WE ALLOW -- WE -- WE -- WE
CREATE A STATE OR A LOCAL STANDARD FOR LIABILITY --
MS. ROSENTHAL: WELL, STATE. THIS ONLY CONCERNS
--
MR. JENSEN: NO, THE LEGISLATION SAYS LOCAL, ALSO.
MS. ROSENTHAL: OKAY. WELL, I GUESS BECAUSE
WE'RE STATE I'M TALKING ABOUT STATE.
MR. JENSEN: YEAH. SO -- BUT THE LEGISLATION SAYS
THE STATE OR LOCAL STANDARD.
MS. ROSENTHAL: YES, YES.
MR. JENSEN: IT WOULDN'T REMOVE THE EXISTENCE OF A
FEDERAL STANDARD. SO WOULDN'T A NEW YORKER STILL BE ABLE TO BRING A
54
NYS ASSEMBLY APRIL 28, 2026
RIGHT OF ACTION FOR A VIOLATION OF FEDERAL LAW EVEN THOUGH WE HAVE A
STATE STANDARD? BECAUSE DOESN'T FEDERAL LAW HAVE PREEMINENCE OVER
STATE LAW?
MS. ROSENTHAL: YES.
MR. JENSEN: OKAY. SO WOULDN'T -- IT WOULD ALL BE
ABOUT THE JURISDICTION THAT THE INJURED INDIVIDUAL BRINGS THE RIGHT --
RIGHT OF ACTION AGAINST. SO EVEN THOUGH WE'RE SAYING THAT WE'RE
GRANTING THEM STATE PROTECTION OR EXCLUSION FROM LIABILITY, SOMEBODY
CAN STILL MAKE THE CLAIM IN FEDERAL COURT.
MS. ROSENTHAL: IT DEPENDS IF -- IF THESE ARE
RECOMMENDATIONS THAT, LET'S SAY, THE STATE STILL ADHERES TO.
MR. JENSEN: YES. BUT IF FEDERAL LAW STILL PROVIDES
A CERTAIN GUIDANCE NATIONWIDE BECAUSE -- AND I'M NOT A LAWYER, BUT MY
UNDERSTANDING OF THE LAW IS THAT THE STATES MAY ENACT A HIGHER BURDEN
OF LAW, BUT THAT THE FEDERAL LAW STILL EXISTS. SO IF THE FEDERAL GUIDANCE
IS STILL IN PLACE --
MS. ROSENTHAL: YES.
MR. JENSEN: -- EVEN THOUGH NEW YORK STATE
CHOOSES TO NOT ABIDE BY IT, IT DOESN'T ERASE THE FACT THAT THE FEDERAL LAW
STILL EXISTS. AND IT WOULD ALL BE ABOUT -- IT WOULD ALL BE ABOUT WHERE
THE INJURED -- THE PERSON CLAIMING AN INJURY WOULD FILE A CLAIM, NOT
NECESSARILY WHERE THE PROVIDER CHOOSES TO DEFEND THEMSELVES AGAINST A
CLAIM. AM I CORRECT IN MY UNDERSTANDING OF THE LAW?
(CONFERENCING)
MS. ROSENTHAL: THIS -- THIS IS NOT CHANGING,
55
NYS ASSEMBLY APRIL 28, 2026
OBVIOUSLY, THE FEDERAL LAW OR WHERE ONE CAN SUE. THIS IS ABOUT
ESTABLISHING STATE STANDARDS.
MR. JENSEN: OKAY. OKAY. THANK YOU TO THE
SPONSOR FOR ANSWERING MY QUESTIONS.
MS. ROSENTHAL: FROM MANHATTAN. THANK YOU.
MR. JENSEN: MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. JENSEN: SO, HEARING FROM FORMER MEMBERS OF
THE -- OF THE BENCH AND THE BAR THAT THE STATE CAN HAVE A HIGHER
STANDARD, BUT YET THE FEDERAL GUIDELINES ARE STILL IN EXISTENCE, MY BELIEF
IS THIS IS A SIMPLY -- THIS LEGISLATION MAY NOT HAVE THE INTENDED RESULT
BECAUSE IT'S NOT THE PROVIDER WHO WOULD CHOOSE WHERE THE CLAIM OF
INJURY HAPPENS, IT WOULD IT -- IT WOULD BE TAKING PLACE WHERE THE
PERSON FILES A CLAIM. AND THE INJURED INDIVIDUAL WOULD STILL BE ABLE TO
FILE A FEDERAL LAWSUIT ALLEGING MALPRACTICE OR WHATEVER THE
TERMINOLOGY IN VACCINE INJURY WOULD BE, ALREADY EXISTING THAT WE
ALREADY HAVE MEDICAL MALPRACTICE STANDARDS. AND AS WE'VE HEARD TIME
AND TIME AGAIN THAT THE ADMINISTERING OF IMMUNIZATIONS OR VACCINES IS
A MEDICAL PROCEDURE, WHICH IT IS, WOULDN'T THESE PROVIDERS STILL BE
UNDER PROTECTION OF THEIR MEDICAL MALPRACTICE COVERAGE?
SO CERTAINLY, I THINK THIS IS A REACTION TO A MOVEMENT
THAT HAPPENED FOUR TO FIVE YEARS AGO AND IS UNNECESSARY TO PROTECT
PROVIDERS IN THIS STATE. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ARI BROWN.
56
NYS ASSEMBLY APRIL 28, 2026
MR. A. BROWN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. A. BROWN: THANK YOU SO MUCH. I TRY TO BREAK
IT DOWN INTO DIFFERENT SECTIONS. I'M CERTAINLY NOT AN ATTORNEY, SO JUST
FOR MY OWN EDIFICATION. THE FIRST SECTION I CALL "EQUAL PROTECTION." SO
UNDER THE EQUAL PROTECTION CLAUSE OF THE U.S. CONSTITUTION AND THE
PARALLEL GUARANTEES IN THE NEW YORK CONSTITUTION, WHY IS IT LAWFUL TO
CARVE OUT A SPECIAL LIABILITY SHIELD FOR THIS CLASS OF DEFENDANTS WHILE
LEAVING SIMILARLY-SITUATED DEFENDANTS SUBJECT TO ORDINARY NEGLIGENT
RULES? LIKE IN MY INDUSTRY WE HAVE THAT SCAFFOLD LAW. IT'S LIKE THE
REVERSE UNIVERSE OF THIS BILL.
MS. ROSENTHAL: PHYSICIANS HAVE LIABILITY
PROTECTIONS THROUGHOUT ALL SECTIONS OF LAW.
MR. A. BROWN: I -- I APOLOGIZE. I COULDN'T HEAR --
MS. ROSENTHAL: I SAID PHYSICIANS HAVE LIABILITY
PROTECTIONS UNDER ALL DIFFERENT SECTIONS OF LAW.
MR. A. BROWN: I -- I COULDN'T HEAR. SO WHAT
YOU'RE SAYING IS ONE CLASS OF WORKER OR EMPLOYEE HAS CERTAIN
PROTECTIONS AND PRECLUDES THEM FROM LIABILITIES OVER OTHERS? IS THAT
WHAT YOU'RE SAYING?
MS. ROSENTHAL: WE'RE -- WE'RE TALKING ABOUT --
57
NYS ASSEMBLY APRIL 28, 2026
MR. A. BROWN: I COULDN'T HEAR.
MS. ROSENTHAL: WE'RE TALKING ABOUT HEALTHCARE
PROVIDERS WHO ADMINISTER VACCINES IN THIS CASE.
MR. A. BROWN: OKAY. THANK YOU.
SO, THE NEXT SECTION I'LL CALL "DUE PROCESS." UNDER THE
NEW YORK CONSTITUTION AND ALSO THE 14TH AMENDMENT UNDER THE
UNITED STATES CONSTITUTION, WHICH BY THE WAY, ARE YOU FAMILIAR WITH
THE 14TH AMENDMENT OF THE U.S. CONSTITUTION, SPECIFICALLY THE DUE
PROCESS SECTION?
MS. ROSENTHAL: ARE YOU?
MR. A. BROWN: ACTUALLY, I AM. SO THE -- THE STATES
CANNOT DEPRIVE ANY PERSON OF LIFE, LIBERTY, PROPERTY WITHOUT DUE
PROCESS. AND THAT'S WHAT I'D LIKE TO GET TO WITH -- WITH THIS PARTICULAR
SITUATION. SO WHAT'S THE LEGAL BASIS FOR THIS IMMUNITY -- I APOLOGIZE, I
DON'T HAVE A BETTER WORD -- SCHEME IF IT DEPRIVES INJURED NEW YORKERS
OF MEANINGFUL OPPORTUNITY TO PURSUE CLAIMS THAT WOULD OTHERWISE EXIST
UNDER NORMAL ORDINARY TORT LAW?
(CONFERENCING)
MS. ROSENTHAL: YES, SO -- SO PERHAPS YOU DON'T
KNOW THAT UNDER THIS BILL AND UNDER FEDERAL GUIDELINES, SOMEONE WHO
CLAIMS THEY ARE HARMED THROUGH A VACCINE CAN STILL GO FOR GROSS
NEGLIGENCE AND WILLFUL MISCONDUCT. SO, THE AVENUE TO SUE IS NOT CLOSED
OFF.
MR. A. BROWN: THANK YOU.
THE NEXT SECTION -- AGAIN, I'M NOT AN ATTORNEY, BUT JUST
58
NYS ASSEMBLY APRIL 28, 2026
FROM WHAT I READ FROM THE BILL -- WE'LL CALL THIS SECTION "ACCESS TO
COURTS." SO, UNDER THE NEW YORK CONSTITUTION AND THE FEDERAL
CONSTITUTIONAL FRAMEWORK PROTECTS -- PROTECTING ACCESS TO JUDICIAL
REDRESS, WHICH LIKE YOU SAID, THERE'S CERTAIN SECTIONS THAT THEY CAN GO,
BUT NOT IN EVERY ASPECT OF THIS PARTICULAR LAW. HOW DOES THIS BILL AVOID
THE ARGUMENT THAT IT PLACES AN UNCONSTITUTIONAL BARRIER BETWEEN INJURED
PEOPLE AND THE COURTS? IN OTHER WORDS, DO YOU THINK IT'S LEGAL AND
CORRECT TO TAKE AWAY THE PRACTICAL RIGHTS TO GO TO COURT, EFFECTIVELY
BRINGING -- YOU KNOW, BARRING INJURED NEW YORKERS FROM GETTING THEIR
DAY IN COURT, WHICH SOME ASPECTS OF THIS BILL SEEMS TO DO?
MS. ROSENTHAL: WELL, AS I SAID IN THE PREVIOUS
QUESTION, IT DOESN'T BAR A PATH TO COURT IF THE PERSON IS SUING ON THE
BASIS OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, WHICH IS THE STANDARD
CURRENTLY UNDER FEDERAL LAW.
MR. A. BROWN: OKAY. THANK YOU, MADAM
SPONSOR.
MS. ROSENTHAL: YOU'RE WELCOME.
MR. A. BROWN: MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. A. BROWN: ON THE BILL. THIS BILL, ASSEMBLY
BILL 9140, IT SEEMS TO EXPAND THE LIABILITY PROTECTIONS IN WAYS THAT
RAISES SERIOUS CONSTITUTIONAL CONCERNS UNDER THE NEW YORK
CONSTITUTION AND THE 14TH AMENDMENT. IT APPEARS TO FAVOR ONE CLASS
OF ACTORS AND RESTRICT A MEANINGFUL LEGAL RECOURSE FOR INJURED NEW
YORKERS, AND INVITE CHALLENGES BASED ON DUE PROCESS, EQUAL PROTECTION,
59
NYS ASSEMBLY APRIL 28, 2026
ACCESS TO COURTS, RETROACTIVITY AND SEPARATION OF POWERS. THE
LEGISLATION -- LEGISLATURE SHOULD NOT BE CREATING BROAD IMMUNITY
WITHOUT CLEAR CONSTITUTIONAL FOOTING AND COMPELLING PUBLIC
JUSTIFICATION.
LOOK, I LOOK AT THIS (INDISCERNIBLE) BECAUSE IN MY
INDUSTRY WE HAVE THAT BLANKET RESPONSIBILITY FOR ONE AND TOTAL
EXONERATION FOR THE OTHER UNDER THE SCAFFOLD LAW. I DON'T KNOW,
MAYBE BECAUSE ONE GUY SWINGS A HAMMER AND ANOTHER GUY'S A DOCTOR
WE THINK WE CAN DO IT.
BUT FOR WHATEVER REASON -- AND FOR THAT REASON I'LL BE
VOTING IN THE NEGATIVE. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
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
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF
LEGISLATION, BUT IF THERE ARE EXCEPTIONS THEY MAY BE CAST NOW AT THEIR
SEATS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. FALL.
MR. FALL: THANK YOU, MADAM SPEAKER. THE
MAJORITY CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS PIECE OF
60
NYS ASSEMBLY APRIL 28, 2026
LEGISLATION. FOR THOSE THAT WOULD LIKE TO VOTE DIFFERENTLY, THEY CAN DO
SO AT THEIR DESK.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. FALL.
MR. FALL: MADAM SPEAKER, CAN YOU CALL THE
COMMITTEE ON SOCIAL SERVICES TO THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER HUNTER: THANK YOU.
SOCIAL SERVICES COMMITTEE MEMBERS, PLEASE MAKE
YOUR WAY TO THE SPEAKER'S CONFERENCE ROOM. SOCIAL SERVICES
COMMITTEE MEMBERS, PLEASE MAKE YOUR WAY TO THE SPEAKER'S
CONFERENCE ROOM.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. FALL.
MR. FALL: MADAM SPEAKER, CAN WE NOW TAKE UP
THE FOLLOWING BILLS: CALENDAR NO. 2 ON PAGE 6 BY MR. HEVESI,
CALENDAR NO. 30 ON PAGE 9 BY MS. PAULIN, CALENDAR NO. 53 ON PAGE 10
BY MS. CRUZ, AND CALENDAR NO. 54 ON PAGE 11 BY MR. DINOWITZ.
ACTING SPEAKER HUNTER: MR. FALL.
MR. FALL: MADAM SPEAKER, CAN YOU CALL ON THE
TRANSPORTATION COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE
ROOM?
61
NYS ASSEMBLY APRIL 28, 2026
ACTING SPEAKER HUNTER: TRANSPORTATION
COMMITTEE MEMBERS, PLEASE MAKE YOUR WAY TO THE SPEAKER'S
CONFERENCE ROOM. TRANSPORTATION COMMITTEE MEMBERS, MAKE YOUR
WAY TO THE SPEAKER'S CONFERENCE ROOM.
PAGE 6, CALENDAR NO. 2, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00065-B, CALENDAR
NO. 2, HEVESI, LAVINE, DINOWITZ, SEAWRIGHT, PIROZZOLO, PEOPLES-
STOKES, OTIS, SIMON, SAYEGH, SHRESTHA, KAY, ROMERO, KASSAY,
MCMAHON, CRUZ, SHIMSKY, BURDICK, ROSENTHAL, GALLAGHER. AN ACT TO
AMEND THE SOCIAL SERVICES LAW, IN RELATION TO THE ESTABLISHMENT OF A
STATEWIDE SUPERVISED VISITATION INITIATIVE TO SUPPORT SAFE AND STRUCTURED
PARENTING TIME.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MR. HEVESI.
MR. HEVESI: THANK YOU, MADAM SPEAKER. GOOD
AFTERNOON, COLLEAGUES.
THIS BILL WILL ESTABLISH A STATEWIDE SUPERVISED
VISITATION INITIATIVE TO SUPPORT SAFE AND STRUCTURED PARENTING TIME IN
NEW YORK STATE.
ACTING SPEAKER HUNTER: MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
62
NYS ASSEMBLY APRIL 28, 2026
MR. HEVESI: BE MY PLEASURE.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MS. WALSH: THANK YOU VERY MUCH. SO, WE
DEBATED THIS BILL LAST YEAR, BUT THEN IT DIDN'T GET OVER THE FINISH LINE IN
THE SENATE. SO HERE WE ARE AGAIN.
MR. HEVESI: YES.
MS. WALSH: FIRST OF ALL, HAS THE BILL CHANGED AT ALL
FROM LAST YEAR?
MR. HEVESI: SUBSTANTIVELY, THE BILL HAS NOT
CHANGED, BUT THE AMOUNT OF MONEY IT'S GONNA REQUIRE IS GONNA INCREASE
BECAUSE WE ARE NOW -- LAST WE SPOKE I BELIEVE WE WERE AT 28 COUNTIES
THAT DIDN'T HAVE SUPERVISED VISITATION, WE'RE NOW UP TO 32.
MS. WALSH: SO WHAT IS THE -- WHAT IS THE PRICE TAG
ESTIMATED FOR THE --
MR. HEVESI: OCA HAS IT AT 25 MILLION.
MS. WALSH: SO YOU SAID 25 MILLION LAST YEAR,
THOUGH.
MR. HEVESI: I THOUGHT IT WAS -- I -- I APOLOGIZE. I
-- THERE MAY BE A DISCREPANCY. WE'LL CHECK, BUT... DID I SAY 25 MILLION
LAST YEAR?
MS. WALSH: YOU DID. YOU SAID 25 MILLION LAST
YEAR AND I SAID THAT WON'T BE ENOUGH.
MR. HEVESI: I'M GONNA STICK WITH THE OCA
ESTIMATE AT 25- WITH ROOM FOR GROWTH BECAUSE OF THE EXTRA COUNTIES
NOW.
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NYS ASSEMBLY APRIL 28, 2026
MS. WALSH: CERTAINLY, WITH ROOM FOR GROWTH. YES.
SO, ONE OF THE THINGS THAT I REMEMBER TALKING ABOUT
WITH YOU LAST YEAR WAS THE IDEA THAT THE GOAL WOULD BE TO GET SOME
MONEY PLACED IN THE BUDGET -- IT WOULD NEED TO BE PLACED IN THE BUDGET
TO SUPPORT OFFICE OF VICTIM SERVICES THAT'S GOING TO BE TASKED WITH
DEVELOPING THIS PROGRAM AND, YOU KNOW, FUNDING THIS PROGRAM AT THE
STATE LEVEL. WHAT PROGRESS HAS BEEN MADE IN TERMS OF GETTING THIS AS A
BUDGET LINE? WAS IT IN THE GOVERNOR'S PROPOSED BUDGET OR WAS IT IN
EITHER OF THE ONE-HOUSE BUDGETS?
MR. HEVESI: IT WAS IN THE ASSEMBLY ONE-HOUSE.
MS. WALSH: OKAY.
MR. HEVESI: BUT I DON'T BELIEVE WE'RE GONNA
ACHIEVE SUCCESS IN THIS BUDGET.
MS. WALSH: OKAY. AND WHY IS THAT?
MR. HEVESI: WELL, FIRST, WE HAVEN'T STARTED THE
NUMBERS GAME, BUT CONSIDERING THE NUMBER OF PRIORITIES THAT WE HAVE
AS A HOUSE THAT ARE IN FRONT OF THIS ONE, I DON'T BELIEVE THIS IS GONNA
MAKE THE CUT WHEN WE START CRUNCHING NUMBERS.
MS. WALSH: OKAY. WELL, THAT'S -- THAT'S
REFRESHINGLY TRANSPARENT AND HONEST, AND I APPRECIATE THAT VERY MUCH.
MR. HEVESI: I'M SORRY IF I THREW YOU OFF. BUT OKAY,
YOU'RE WELCOME.
MS. WALSH: NO, NO, NO. IT'S JUST, YOU KNOW, A LOT
OF TIMES ON OUR SIDE OF THE AISLE WE -- WE HAVE ABSOLUTELY NO IDEA WHAT
NUMBERS ARE BEING CONSIDERED OR ANYTHING UNTIL WE GET HANDED A
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NYS ASSEMBLY APRIL 28, 2026
MEMO THAT'S WARM AND WE HAVE TO GET BRIEFED AND IMMEDIATELY VOTE
ON IT.
MR. HEVESI: ME, TOO. ME, TOO.
MS. WALSH: BUT YOU HAVE INTEL ON THIS ONE, SO --
MR. HEVESI: THAT'S TRUE.
MS. WALSH: -- I'M APPRECIATIVE FOR THAT. THAT'S
GREAT.
SO MY QUESTION, THEN, IS LET'S SAY THAT THIS BILL IS
PASSED FROM HERE AND IT -- ACCORDING TO THE LEGISLATION IT STATES THAT THIS
ACT SHALL TAKE EFFECT ON THE 180TH DAY AFTER IT SHALL HAVE BECOME LAW.
SO WHAT HAPPENS IF IT GETS PASSED AND THERE IS NO FUNDING IN THIS YEAR'S
BUDGET?
MR. HEVESI: SO I -- I WOULD BE SURPRISED IF IT
PASSED WITHOUT FUNDING. SO IF THE GOVERNOR'S GONNA SIGN THIS INTO LAW,
IT WOULD HAVE TO BE WITH FUNDING, OTHERWISE YOU'RE CREATING A STRUCTURE
WITHOUT ANY REAL -- REAL TEETH TO IT. SO I'D BE STUNNED IF THE GOVERNOR
DIDN'T PUT MONEY IN IT IF SHE WAS GONNA SIGN IT, OR SAY, NO, COME BACK
NEXT YEAR IN THE BUDGET.
MS. WALSH: WELL, WHEN THE -- SO -- AND I
APOLOGIZE BECAUSE I GUESS I DON'T UNDERSTAND THIS PART.
MR. HEVESI: OKAY.
MS. WALSH: LET'S SAY THAT WE EVENTUALLY, SOME DAY
SOON, PASS THIS YEAR'S BUDGET, RIGHT, AND IT DOESN'T HAVE ANY PROVISION IN
IT BECAUSE YOU'RE SAYING THAT IT'S LIKELY THAT IT'S NOT GOING TO --
MR. HEVESI: RIGHT.
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NYS ASSEMBLY APRIL 28, 2026
MS. WALSH: -- BE IN THIS YEAR'S BUDGET. WE PASS
THIS BILL THIS YEAR, THOUGH, AND IN THIS -- IN THIS LEGISLATION IT HAS AN
EFFECTIVE DATE OF SIX MONTHS. YOU'RE SAYING THAT IF THE GOVERNOR SIGNS
IT, SHE WOULD BE FUNDING IT.
MR. HEVESI: OTHERWISE --
MR. WALSH: IN WHAT MECHANISM? HOW'S SHE
GONNA FUND IT IF THE BUDGET'S ALREADY BEEN PASSED FOR THIS YEAR?
MR. HEVESI: OH, NO -- I'VE -- WE'VE BEEN AROUND A
LONG TIME. WE'VE SEEN THE WAY GOVERNORS ARE ABLE TO PUT IN MONEY
POST-BUDGET IF THEY HAVE THE WHEREWITHAL TO DO IT. I'M ASSUMING THAT
THIS WILL BE THE SAME CASE.
MS. WALSH: SO -- I MEAN, I -- I DIDN'T KNOW THAT.
SO --
MR. HEVESI: OH.
MS. WALSH: NO. WHERE WOULD SHE GO FIND THAT
MONEY AFTER THE FACT?
MR. HEVESI: SO THE -- THE -- POTENTIALLY HOPEFULLY
WITH THE OFFICE OF VICTIM SERVICES OR IN THE OCFS BUDGET FOR NOW,
AND THEN SHE'LL COME BACK MORE FOR NEXT YEAR'S BUDGET TO MAKE IT
WHOLE.
MS. WALSH: TO MAKE UP THE DIFFERENCE. IN OTHER
WORDS, JUST TAKE THE -- TAKE THE MONEY OUT AND EARMARK IT FROM THE
EXISTING BUDGET LINE, AND THEN NEXT YEAR --
MR. HEVESI: YEAH.
MS. WALSH: -- PUT MORE MONEY IN TO COVER WHAT
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NYS ASSEMBLY APRIL 28, 2026
SHE ALREADY TOOK.
MR. HEVESI: YEAH. AND THAT'S ONE REASONABLE WAY
TO DO IT. IT'S JUST -- IF -- IF THE GOVERNOR IS SO INCLINED TO GET THIS UP AND
RUNNING, THERE'S WAYS TO DO IT.
MS. WALSH: OKAY. OKAY. AND HAVE THERE BEEN
ANY CONVERSATIONS THAT YOU'VE HAD WHICH YOU COULD SHARE THAT THAT
COULD BE A LIKELY SCENARIO?
MR. HEVESI: I'VE BEEN IN TOUCH WITH THE EXECUTIVE,
THEIR INTERGOVERNMENTAL STAFF. LIKE ALL OF OUR STAFF HERE, THEY ARE
TRAINED NEVER TO PROMISE ANYTHING, SO I GIVE THEM -- GIVE THEM CREDIT.
BUT MY SENSE IS CONSIDERING WE HAVE OFFICE OF COURT ADMINISTRATION
SUPPORT, YOU AND I BOTH UNDERSTAND THE -- THE NEED FOR FAMILIES AND
KIDS AND HOW THIS IS CREATING A BACKLOG IN THE COURT SYSTEM. I'M PRETTY
SURE THAT THIS WILL BE LOOKED ON FAVORABLY AT SOME POINT. I'M FRUSTRATED
THAT IT WASN'T IN THIS BUDGET, BUT WE'LL -- YOU KNOW, WE'RE RELENTLESS.
WE'LL KEEP COMING BACK.
MS. WALSH: NO, I DO ADMIRE THE PERSISTENCE. AND
I DO COMPLETELY ACKNOWLEDGE AND WILL SAY -- SAY NOW AND SAY LATER
THAT I THINK THAT THERE DEFINITELY IS A NEED TO PROVIDE SUPERVISED
VISITATION. HAVING WORKED IN FAMILY COURT FOR A NUMBER OF YEARS, I
RECOGNIZE THE NEED.
MR. HEVESI: THANK YOU.
MS. WALSH: IT'S REALLY -- IT'S THAT KIND OF MAYBE
CHICKEN-AND-EGG KIND OF SITUATION WHERE YOU WANT TO GET IT DONE BUT
YOU'VE GOT TO SOMEHOW LINE THE PROGRAM UP WITH AN ACCURATE ESTIMATE.
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NYS ASSEMBLY APRIL 28, 2026
I THINK PART OF THE -- THE FEAR THAT I HAVE, WHICH I'D LIKE TO JUST MAKE AS
PART OF THE LEGISLATIVE RECORD, IS THAT IN NO EVENT DO I WANT THESE COSTS
TO BE SHIFTED UPON LOCALITIES --
MR. HEVESI: ME, TOO.
MS. WALSH: -- FOR DEVELOPING THE PROGRAM.
MR. HEVESI: ME, TOO. AND -- AND JUST TO GIVE YOU
SOME COMFORT ON THAT, LOOK, I'VE BEEN AROUND FOR A LONG TIME NOW. I'M
NOT OF THE GOVERNOR CUOMO WING OF THE PARTY WHERE WE'RE STICKING IT
TO COUNTIES EVERY CHANCE WE GOT. I DO NOT BELIEVE THAT. I HATED WHEN
HE DID IT. IT WAS STUPID. THE STATE CAN GENERATE THE MONEY FOR THIS,
AND THEY SHOULD.
MS. WALSH: BECAUSE -- BECAUSE IN THE BILL ITSELF,
THE BILL LANGUAGE, IT STATES THAT -- IT STATES THAT IT IS THE INTENT OF THIS
SECTION TO PROVIDE STATE SUPPORT FOR THE ESTABLISHMENT OF AT LEAST ONE
PROGRAM IN EACH COUNTY, ET CETERA. BUT PROVIDING SUPPORT AND PICKING
UP THE COMPLETE TAB FOR THE WHOLE PROGRAM, IT DOESN'T SAY THAT IN THE
LEGISLATION.
MR. HEVESI: IT DOESN'T. BUT I WILL GO ON THE RECORD
AND TELL YOU MY INTENT IS TO HAVE THIS COMPLETELY STATE-FUNDED WITHOUT
A MATCH OR ANYTHING FROM THE COUNTIES. THE COUNTIES DON'T HAVE
ENOUGH MONEY TO COVER THIS.
MS. WALSH: OKAY.
NOW, ONE OF THE THINGS I DID NOTICE IS THAT IT LISTED IN
THE BILL LANGUAGE ITSELF THE KIND OF CASES THAT WOULD BE ELIGIBLE FOR A
DETERMINATION IN THE COURT'S DISCRETION TO ALLOW VISITATION, SUPERVISED
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NYS ASSEMBLY APRIL 28, 2026
VISITATION. ONE OF THE THINGS IT MENTIONED WAS CHILD PROTECTIVE
PROCEEDINGS, AND THAT WAS INTERESTING TO ME BECAUSE THOSE WOULD BE
ARTICLE 10 CASES.
MR. HEVESI: MM-HMM.
MS. WALSH: THOSE ARTICLE 10 CASES RIGHT NOW, AT
LEAST UPSTATE IN THE AREA THAT I PRACTICE, MAYBE IT'S DIFFERENT IN THE CITY,
I DON'T KNOW. BUT WHERE I PRACTICE, SUPERVISED VISITATION IN AN ARTICLE
10 CASE WOULD BE PROVIDED CURRENTLY THROUGH THE CASEWORKERS THAT
WORK FOR THE DEPARTMENT OF SOCIAL SERVICES --
MR. HEVESI: WELL, THAT'S INTERESTING.
MS. WALSH: -- WHICH WOULD BE COUNTY MONEY. SO
ARE -- IT WOULD BE COUNTY -- THE COUNTY IS SUPPORTING THAT. SO IN A WAY,
BY CREATING THIS PROGRAM WOULD WE BE TAKING SOMETHING OFF THE PLATE
AND OFF THE FINANCIAL PLATE OF THE COUNTY?
MR. HEVESI: THAT'S A GREAT QUESTION. SO THE
ANSWER IS SINCE IT'S THE FIRST TIME I'VE HEARD OF IT, I DON'T KNOW. BUT IT
SOUNDS LIKE A GREAT THING. WE'RE PUTTING IN STATE MONIES THAT TAKES
SOME OF THE BURDEN OFF THE COUNTIES, THAT'D BE TERRIFIC.
MS. WALSH: IT WOULD TAKE -- IF THIS IS -- IF THIS IS
THE CASE, IT WOULD TAKE MONEY -- OR RESPONSIBILITY, TOO, OFF THE COUNTY
BECAUSE THOSE CASEWORKERS, IN ADDITION TO INVESTIGATING HOTLINES OF
ABUSE OR NEGLECT, EDUCATIONAL NEGLECT, ET CETERA, THEY ALSO --
ADDITIONALLY, THE CASEWORKERS HAVE THE RESPONSIBILITY TO ACT AS
SUPERVISORS, AND THAT WOULD BE A SIGNIFICANT TIME COMMITMENT THAT
THEY HAVE EACH WEEK THAT THEY WOULD NOT -- NO LONGER HAVE TO DO.
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NYS ASSEMBLY APRIL 28, 2026
THEY COULD DIVERT THEIR ATTENTION TO OTHER TASKS --
MR. HEVESI: WHICH WOULD BE A GOOD THING.
MS. WALSH: -- THAT THEY HAVE WITHIN THE OFFICE,
WHICH WOULD BE A POSITIVE.
MR. HEVESI: YEAH. SO, LOOK. THE -- THE -- I THINK
WHAT YOU'RE INDICATING IS THE LACK OF SUPERVISED VISITATION HAS CAUSED
YOUR CASEWORKERS TO ADJUST. AND TO WASTE -- IT'S NOT A WASTE OF THEIR
TIME, BUT TO SPEND THEIR TIME SUPERVISING VISITATION WHEN THEY COULD BE
DOING ALL (INDISCERNIBLE) THINGS TO HELP THESE KIDS AND FAMILIES. SO I
AGREE.
MS. WALSH: OKAY. ALL RIGHT. THAT'S WONDERFUL.
SO LET'S SEE. LET ME GET BACK TO MY NOTES HERE.
SO, TALKING ABOUT -- ONE OF THE THINGS ABOUT THE BILL
THAT -- I WILL BE VERY HONEST, I -- I DON'T PARTICULARLY CARE FOR ABOUT THE
BILL --
MR. HEVESI: SURE.
MS. WALSH: -- IS THAT IT ESSENTIALLY TASKS THE OFFICE
OF VICTIM SERVICES, IN CONSULTATION WITH THE OFFICE FOR THE PREVENTION
OF DOMESTIC VIOLENCE, TO ESTABLISH THIS STATEWIDE SUPERVISED VISITATION
INITIATIVE, BUT IT DOESN'T REALLY PUT ANY MEAT ON THE BONES ABOUT WHAT
THAT -- WHAT THAT'S GOING TO LOOK LIKE. I KNOW THAT YOU MENTIONED AT THE
BEGINNING THAT THERE ARE A NUMBER OF COUNTIES THAT NO LONGER HAVE
SUPERVISED VISITATION PROGRAMS AVAILABLE FOR NON-ARTICLE 10 CASES --
MR. HEVESI: MM-HMM.
MS. WALSH: -- AND SO -- BUT IT DOESN'T -- IT DOESN'T
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NYS ASSEMBLY APRIL 28, 2026
REALLY GOING INTO MUCH DETAIL ABOUT, LIKE, WHO'S -- WHO'S GOING TO GET IT.
I KNOW IT'S IN THE DISCRETION OF THE COURT, BUT WHETHER PARENTS ARE GOING
TO GET IT WHO HAVE THE MEANS, WHETHER IT'S GOING TO BE AVAILABLE ON A
SLIDING SCALE. WHAT -- YOU KNOW, IF YOU -- FOR EXAMPLE, IF YOU QUALIFY
FOR A PUBLIC DEFENDER, WILL THAT BE SUFFICIENT TO BE RECEIVING FREE
SUPERVISED VISITATION? YOU KNOW, THAT KIND OF THING. SO IT JUST SEEMS
LACKING IN THAT WAY. ARE WE JUST GIVING THEM THE TASK AND THEN WE'RE
JUST -- WE'RE JUST SAYING, GO FOR IT. GO DEVELOP THIS PROGRAM.
MR. HEVESI: YES AND NO. SO THE YES IS WE PICKED
THE OFFICE OF VICTIM SERVICES -- AND WE COVERED THIS LAST TIME --
BECAUSE THE VAST MAJORITY, UNFORTUNATELY, OF THESE CASES ARE DOMESTIC
VIOLENCE CASES. SO WE THOUGHT THAT WOULD BE THE APPROPRIATE AGENCY.
WITH REGARD TO -- YOU KNOW WHAT? ASK ME THAT AGAIN. I WENT IN
ANOTHER DIRECTION. I APOLOGIZE.
MS. WALSH: NO, NO. THAT'S FINE. I WAS JUST TALKING
ABOUT THE -- THE LACK OF SPECIFICITY.
MR. HEVESI: OH, OF COURSE. I'M SO SORRY.
MS. WALSH: NO, NO. THAT'S FINE.
MR. HEVESI: THE LACK OF SPECIFICITY. SO THE
GUIDELINES THAT WE USED TO PUT THIS TOGETHER CAME FROM THE OFFICE OF
VIOLENCE AGAINST WOMEN FROM THE FEDERAL GOVERNMENT, AND THEY HAVE
A NUMBER OF PARAMETERS THAT EACH OF THE LOCALITIES WILL HAVE TO
SUBSCRIBE TO: SECURITY PROTOCOLS, MANDATORY REPORTS, THAT KIND OF
THING. BUT WE ARE LEAVING THE BONES TO BE PUT ON BY OBS AND THE
COUNTIES. THE COUNTIES ARE GONNA COME BACK AND PROVIDE A COUPLE OF
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NYS ASSEMBLY APRIL 28, 2026
PIECES OF INFORMATION -- I THINK IT'S ABOUT FIVE OR SIX -- AND ONCE WE GET
A SENSE OF WHAT THEY'RE LOOKING FOR, THEN I'M COMFORTABLE THAT OUR STATE
DEPARTMENT WILL BE ABLE TO DEAL WITH THAT.
MS. WALSH: OKAY. WHAT ABOUT IN TERMS OF
PAYMENT? IS THERE -- IS THERE A DESIRE TO DO THIS ON A SLIDING SCALE?
BECAUSE -- AND I APPRECIATE THAT YOU'RE SAYING -- AND I DO THINK THAT IN
CASES INVOLVING ALLEGATIONS OF DOMESTIC VIOLENCE THAT THAT WOULD BE A
VERY APPROPRIATE SITUATION TO HAVE SUPERVISED VISITATION. BUT THERE ARE
ALSO AN AWFUL LOT OF JUST REGULAR FAMILY COURT CASES WITH PARENTS THAT
ARE NOT GETTING ALONG THAT WILL WANT SUPERVISED VISITS. AND IF THE COURT
ORDERS THEM, THEY'RE -- THEY'RE GONNA TO BE OUT THERE, TOO. ARE WE
GOING TO LOOK TO SEE -- LIKE, WHO IS GOING TO BE ABLE TO GET IT OTHER THAN
WHOEVER THE COURT ORDERS? BUT IN TERMS OF THEIR FINANCIAL CAPABILITY TO
PAY, WILL IT BE ON A SLIDING SCALE?
MR. HEVESI: YEAH, WE HOPE SO. SO -- SO HERE'S
WHAT WE'RE LOOKING TO DO. THE -- THE PROGRAM'S -- THERE'S A COUPLE OF
THINGS THEY WE BUILT INTO THE LEGISLATION, STARTING WITH THE PROGRAMS
MUST COMPLY WITH THE COURT ORDERS. AND THEN FOR LOW-INCOME FAMILIES
WE'RE GONNA OFFER FEE WAIVERS. NOW, WE HAVEN'T OUTLINED THE SLIDING
SCALE YET.
MS. WALSH: RIGHT.
MR. HEVESI: WE'RE LEAVING THAT TO OBS.
MS. WALSH: OKAY.
MR. HEVESI: SO WE'RE GONNA KEEP AN EYE ON WHAT
REGULATIONS THEY PUT INTO PLACE. IF WE THINK IT'S APPROPRIATE, GREAT. IF
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NYS ASSEMBLY APRIL 28, 2026
NOT, WE CAN ADJUST.
MS. WALSH: OKAY. ALL RIGHT.
NOW, ALSO, THERAPEUTIC VISITATION IS A WHOLE DIFFERENT
ANIMAL, AND A LOT OF TIMES THAT'S NECESSARY IF YOU HAVE PARENTS WHO
HAVE -- PARTICULARLY HAVE MENTAL HEALTH ISSUES OR ADDICTION ISSUES OR IN
-- IN ANY WAY WOULD BE LESS LIKELY TO BE ABLE TO HAVE A -- A GOOD VISIT
WITH THEIR CHILD WITHOUT THE HELP OF A QUALIFIED THERAPIST --
MR. HEVESI: YES.
MS. WALSH: -- OF SOME KIND. SO THAT ALSO IS MORE
EXPENSIVE.
MR. HEVESI: RIGHT.
MS. WALSH: AND THAT'S -- AND AS WE'VE TALKED
ABOUT SO MANY TIMES IN THIS CHAMBER, THERE IS A DEARTH OF MENTAL
HEALTH PROFESSIONALS THAT ARE AVAILABLE TO EVEN PROVIDE THIS SERVICE.
AND SO HOW DO WE -- YOU KNOW, THE BILL REALLY IS KIND OF SILENT ABOUT
THAT AS WELL.
MR. HEVESI: YEAH, WE -- WE DON'T SET THE SCALE. SO
-- SO JUST FOR GENERAL SUPERVISED VISITATION, WHAT WE FOUND IS FOR AN
HOUR VISITATION ONE TIME A WEEK, THE -- THE NUMBERS RANGE FROM $50 TO
-- WE'VE GOTTEN UP TO $300, WHICH IS A LITTLE CRAZY. FOR A THERAPEUTIC,
WHICH IS WHAT YOU'RE TALKING ABOUT, THE COST WILL BE EVEN MORE BECAUSE
YOU HAVE A PROFESSIONAL. BUT WE DIDN'T WANT TO PUT IN, YOU KNOW, A
NUMBER THAT WOULD EITHER BE TOO HIGH OR TOO LOW FOR -- FOR GETTING THAT
PROFESSIONAL IN THERE.
MS. WALSH: OKAY.
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NYS ASSEMBLY APRIL 28, 2026
NOW, I NOTICED THAT SOME OF THE PLACES THAT CURRENTLY
DO HAVE A SUPERVISED VISITATION PROGRAM VERY OFTEN HAVE LONG WAIT
LISTS.
MR. HEVESI: YES.
MS. WALSH: SO HOW -- HOW DOES THIS LEGISLATION
ENVISION THAT THAT WILL BE HANDLED? FOR EXAMPLE, YOU MENTIONED AS A
-- AS A GENERAL STANDARD THE IDEA THAT IT WOULD BE ONE VISIT PER WEEK.
BUT IF YOU'VE GOT A LONG LIST OF PEOPLE WAITING TO SEE THEIR CHILD EVEN
ONCE A WEEK, WOULD THE IDEA BE THAT YOU WOULD HAVE A FAMILY BE ABLE
TO FULLY TAKE ADVANTAGE OF -- OF THAT ONCE A WEEK VISIT OR THAT IT --
YOU'RE GONNA PARCEL IT OUT SO THAT MAYBE A FAMILY MIGHT ONLY BE ABLE TO
SEE THEIR CHILD ONCE A MONTH, BUT MORE FAMILIES COULD BE -- TAKE
ADVANTAGE OF A VISIT.
MR. HEVESI: SO MY INSTINCT IS THAT IT'S JUDICIAL
DISCRETION. SO WHATEVER THE JUDGE THINKS IS APPROPRIATE FOR THE FAMILY.
SO -- SO WHAT WE'RE TRYING TO DO IS MAKE SURE THAT THE NON-CUSTODIAL
PARENT STILL HAS AN ACTIVE PART OF THE CHILD'S LIFE, AND WE'RE REALLY TRYING
TO AVOID CHILDHOOD TRAUMA, FAMILY SEPARATION, RIGHT? BUT I WOULD
LEAVE IT UP TO THE -- TO THE JUDGE'S DISCRETION FOR HOW MUCH THEY WANT.
I DO -- I DO WANT TO TOUCH ON THE POINT THAT YOU RAISED.
YOU ARE ABSOLUTELY CORRECT. SO I HAVE A LIST HERE OF MOST COUNTIES AND
WHAT THEY HAVE. AND WHAT WE'RE FINDING IS THAT THERE ARE 21
SUPERVISED VISITATION SITES THROUGHOUT THE STATE THAT RECENTLY CLOSED,
AND THEY NEED $200,000 TO DO THEIR START-UP AND GET BACK UP AND
RUNNING. THEN WE HAVE 23 THAT, AS YOU MENTIONED, ARE ON THE SIX-
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NYS ASSEMBLY APRIL 28, 2026
MONTH TO ONE-YEAR WAIT LIST. AND THEY WILL LEAVE LESS MONEY, BUT THEY
WILL LEAVE MONEY TO START PROVIDING AND, YOU KNOW, THAT SUPERVISED
VISITATION SO WE CAN GET RID OF THOSE WAIT LISTS. BUT -- AND THERE'S ONE
OTHER GROUP WHICH IS BRAND-NEW START-UPS. WE'RE LOOKING FOR BRAND-
NEW START-UPS. AND I WILL TELL YOU THAT ONE OTHER THING I FOUND
INTERESTING, I LEARNED TODAY...
ACTING SPEAKER HUNTER: IF YOU COULD JUST
GIVE ME ONE MOMENT, PLEASE --
MR. HEVESI: SURE.
ACTING SPEAKER HUNTER: -- BEFORE MS. WALSH
DOES HER SECOND.
MR. FALL.
MR. FALL: MADAM SPEAKER, CAN YOU CALL ON THE
VETERANS' AFFAIRS COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE
ROOM?
ACTING SPEAKER HUNTER: VETERAN [SIC]
AFFAIRS COMMITTEE MEMBERS, PLEASE MAKE YOUR WAY TO THE SPEAKER'S
CONFERENCE ROOM. VETERAN [SIC] AFFAIRS COMMITTEE MEMBERS,
SPEAKER'S CONFERENCE ROOM.
MS. WALSH.
MR. HEVESI: IF -- IF I COULD JUST CONTINUE. YEAH.
SO IT'S MY UNDERSTANDING THAT IN NASSAU, SUFFOLK, JEFFERSON AND ORANGE
COUNTIES THERE ARE COMMUNITY DISPUTE RESOLUTION CENTERS WHICH MAY
HAVE THE SPACE TO ACCOMMODATE AND EXPANDED GROWTH INTO SUPERVISED
VISITATION.
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NYS ASSEMBLY APRIL 28, 2026
(PAUSE/CONFERENCING)
THANK YOU. MY COUNSEL NEEDED --
(LAUGHTER)
MS. WALSH: I WANTED TO GIVE YOU A MOMENT TO --
MR. HEVESI: I DO APPRECIATE IT. THANK YOU.
MS. WALSH: -- HAVE THAT CONVERSATION.
MR. HEVESI: BY THE WAY, IF YOU GET A JUDGE TO
COUNSEL YOU CAN'T INTERRUPT.
MS. WALSH: ALL RIGHT.
THE BILL APPEARS TO BE SILENT, SO I WANTED TO ASK YOU
ABOUT WHETHER IT'S ENVISIONED THAT THESE VISITS WILL ALL TAKE PLACE IN A
BUILDING VERSUS -- I KNOW THAT SOMETIMES WHEN THERE ARE VISITS THAT ARE
BEING DONE IN ARTICLE 10 SITUATIONS, CASEWORKERS MIGHT OVER TIME THE
GOAL BEING TO HAVE THEM IN AS NATURAL A SETTING AS IS SAFE. THEY COULD
BE HELD OUT IN A PARK, OR THEY COULD BE HELD IN -- IN A VARIETY OF PLACES,
NOT A BRICK-AND-MORTAR LOCATION. BUT IS THAT -- IS THE BRICK-AND-MORTAR
LOCATION KIND OF WHAT'S BEING ENVISIONED HERE?
MR. HEVESI: IT IS. AND I THINK THE BRICK-AND-
MORTAR IS REALLY IMPORTANT BECAUSE THERE ARE SECURITY PROTOCOLS THAT WE
NEED IN PARTICULAR. SO PART OF WHAT I HOPE THE REGULATIONS BECOME WILL
BE STAGGERING OF VISITS SO CERTAIN PEOPLE DON'T COME AT THE SAME TIMES
AND DON'T SEE EACH OTHER. THERE ARE ALSO DIFFERENT ENTRANCES THAT ARE
REQUIRED ACCORDING TO THE OBW REGULATIONS TO -- TO MAKE SURE THAT YOU
CAN GET OUT WITHOUT SEEING AN ABUSER, THAT KIND OF THING. SO I WOULD
ARGUE THAT THE BRICK-AND-MORTAR IS THE CORE OF THIS. THE OTHER
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NYS ASSEMBLY APRIL 28, 2026
SUPERVISED VISITATION WHILE -- THAT YOU MENTIONED, WHILE NECESSARY, IS
NOT WHAT YOU WANT. IT'S THE EQUIVALENT OF HAVING SOMEBODY WATCH A
KID AND HOPE IT WORKS OUT WELL WITHOUT TRAINING, WITHOUT -- SOMETIMES
THEY HAVE THEIR FAMILY MEMBERS THEY'RE IN A FIGHT WITH. IT'S REALLY NOT
THE BEST CIRCUMSTANCES. SO SHORT ANSWER TO YOUR QUESTION IS YES, WE
WANT THE BRICK-AND-MORTAR.
MS. WALSH: WELL, I THINK THERE'S A REAL -- IT -- IT'S A
BALANCING ACT, REALLY. I MEAN, THERE ARE SOME CASES -- LIKE I WOULD
ARGUE DOMESTIC VIOLENCE CASES WHERE SECURITY WOULD BE AT A PREMIUM.
THAT'S A PRIMARY CONSIDERATION. IN OTHERS WHERE THE PARENTS ARE --
APPEAR TO BE FAIRLY COMPETENT PARENTS, THEY DON'T -- THEY DON'T APPEAR TO
HAVE MENTAL HEALTH OR ADDICTION PROBLEMS THAT ARE DOCUMENTED. THEY
JUST DON'T GET ALONG. BUT EACH PARENT COULD DO A VISIT SAFELY ON THEIR
OWN, BUT THEY'RE GONNA GO IN AND ASK THE JUDGE ANYWAY TO GET
SUPERVISED VISITS BECAUSE THEY DON'T LIKE THAT PERSON. THEY DO NOT LIKE
THEM AND THEY WANT TO HAVE IT SUPERVISED EITHER BECAUSE THEY WANNA
THROW A WRENCH INTO -- INTO THE OTHER PERSON'S LIFE OR WHATEVER. AND IF
A JUDGE BUYS IT AND -- AND ORDERS IT AND SAYS OKAY, I THINK THAT THE --
WHEN I -- WHEN I SERVED AS AN ATTORNEY FOR THE CHILD, I MEAN, MY GOAL
WAS ALWAYS TO TRY TO HAVE THE MOST NATURAL, NORMAL KIND OF VISIT THAT
YOU COULD POSSIBLY HAVE WITH A PARENT.
MR. HEVESI: THAT MAKES SENSE.
MS. WALSH: SO -- BUT I CAN APPRECIATE THAT IF THIS IS
-- AND IT SOUNDS TO ME FROM YOUR ANSWERS THAT THE -- THE NEEDS OF
FAMILIES WITH -- WHO HAVE HAD ALLEGATIONS OF DOMESTIC VIOLENCE AND
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NYS ASSEMBLY APRIL 28, 2026
THEIR SAFETY AND SECURITY IS PRIMARY, AND I WOULD AGREE WITH YOU THAT IN
THOSE CASES YOU WOULD WANT IT TO HAVE -- BE HAPPENING IN A PLACE
WHERE YOU COULD PROVIDE FOR THE SAFETY OF EVERYBODY INVOLVED.
MR. HEVESI: EXACTLY.
MS. WALSH: INCLUDING THE --
MR. HEVESI: UNFORTUNATELY -- YEAH, I AGREE. AND
UNFORTUNATELY, THOSE ARE THE OVERWHELMING MAJORITY OF THE CASES. AND
SINCE WE ARE ESSENTIALLY BUILDING UP A STRUCTURE FROM -- YOU KNOW, WITH
BARE BONES FROM BEFORE THAT WASN'T REALLY WORKING -- SINCE WE'RE
BUILDING IT UP WE'RE GONNA FOCUS ON MAKING SURE IT'S AS SAFE AS
POSSIBLE. AND THEN IF THE JUDGE, BY THE WAY, AFTER A CERTAIN PERIOD OF
TIME GETS THE REPORT BACK FROM THE PERSON DELIVERING THE SUPERVISED
VISITATION THAT, HEY, THEY JUST DON'T LIKE EACH OTHER. THERE'S NO SAFETY
ISSUE, I'M SURE THE JUDGE COULD AMEND HIS ORDER.
MS. WALSH: OKAY. BUT IT -- IT DOESN'T SAY IN THE
BILL -- I MEAN, IT -- IT STATES AS A GOAL THAT WE WANT SAFE VISITATION, BUT
IT'S NOT IN ANY WAY LIMITING SUPERVISED VISITATION TO CASES INVOLVING
DOMESTIC VIOLENCE.
MR. HEVESI: NO.
MS. WALSH: IT'S REALLY ANYBODY THAT'S COMING IN IN
SUPREME COURT OR IN FAMILY COURT WITH A MATRIMONIAL OR FAMILY COURT
ISSUE.
MR. HEVESI: YEAH, OR AN ABUSE CASE OR A DIVORCE
CASE. BUT YES.
MS. WALSH: YEAH. YEAH. IN ANY OF THOSE CASES.
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NYS ASSEMBLY APRIL 28, 2026
OKAY.
AND WILL THERE BE ANY -- WILL THERE BE GUIDANCE GIVEN
TO THE JUDGES AS TO WHAT -- HOW THEY'RE -- WHAT THEY'RE TO CONSIDER WHEN
FIGURING OUT OR EXERCISING THEIR DISCRETION OR ARE WE JUST GONNA LEAVE IT
TO THEM?
MR. HEVESI: NO. NO. I THINK THE JUDGES HAVE BEEN
DOING IT FOR YEARS. THEY --
MS. WALSH: YES, THEY HAVE.
MR. HEVESI: -- JUST ARE NOW TRYING TO DO IT IN A
SYSTEM THAT DOESN'T EXIST. SO IT'S HARD TO DO. BUT ONCE WE GET THIS UP
AND RUNNING, I'M SURE THE JUDGES WILL BE READY TO GET BACK INTO THE
GAME AND START ISSUING ORDERS FOR SUPERVISED VISITATION.
MS. WALSH: OKAY. I THINK THAT YOU HAVE VERY
COMPLETELY ANSWERED THE QUESTIONS THAT I'VE GOT.
MR. HEVESI: GOOD.
MS. WALSH: I THANK YOU --
MR. HEVESI: THANK YOU.
MS. WALSH: -- AND MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. WALSH: SO I REALLY WANNA SAY UPFRONT AGAIN
THAT THERE ARE DEFINITELY -- THERE IS DEFINITELY A NEED ALL AROUND THE STATE
TO BE ABLE TO HAVE MORE AND BETTER SUPERVISED VISITATION. BACK IN THE
OLD DAYS, BACK WHEN I STARTED TO PRACTICE IN THIS AREA, THERE WERE STILL --
IN THE COUNTIES THAT I SERVED, THERE WERE VOLUNTEER ORGANIZATIONS EITHER
THROUGH CHURCHES OR JUST THAT -- THAT POPPED UP THAT HAD A PRETTY LOW
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NYS ASSEMBLY APRIL 28, 2026
PRICE POINT PER VISIT THAT WERE OUT THERE AS A BUSINESS MODEL. SO -- AND
SOME WERE STAFFED BY VOLUNTEERS, SOME WERE PAID INDIVIDUALS. AND IN
THE AREA THAT I REPRESENT THEY HAVE ALL FOLDED. THEY ARE DONE. IT IS NOT
A BUSINESS MODEL THAT HAS WORKED. AND JUST AS WE HAVE SEEN JUST
GENERALLY IN OUR WORLD RIGHT NOW, THERE'S A LOT OF ANIMOSITY OUT THERE.
AND THERE ARE PEOPLE -- IF YOU'RE IN FAMILY COURT AND YOU'RE FIGHTING
WITH YOUR EX OR YOUR -- YOUR SOON-TO-BE-EX, YOU'RE NOT A HAPPY PERSON.
AND YOU ARE VERY OFTEN WANTING SUPERVISED VISITS, EVEN THOUGH YOU --
YOU MIGHT HAVE FAMILY MEMBERS OR FRIENDS OR NEIGHBORS, OR YOU MIGHT
BE ABLE TO PAY FOR SUPERVISED VISITATION ON YOUR OWN. BUT IF IT'S GONNA
BE PROVIDED FREE BY THE STATE, YOU COULD BE DARN SURE THAT EVERYONE'S
GONNA BE ASKING FOR IT. SO I FIND THE PRICE TAG I THINK IS A HUGE
QUESTION MARK TO ME. WE'VE ALL SEEN WHAT'S HAPPENED WITH CHILD CARE
SLOTS, RIGHT? WE'VE SEEN COUNTIES THAT WHEN THEY RUN OUT OF MONEY
THEY HAVE TO CLOSE IT UP AND THEY HAVE TO SAY, I'M SORRY, WE CAN'T -- WE
CAN'T SERVICE ANY MORE CHILDREN IN THE COUNTY WITH CHILD CARE SLOTS. I
CAN SEE THE SAME THING HAPPENING HERE IF THEY GROSSLY UNDERESTIMATE
HOW MUCH THIS IS GONNA COST. I THINK THAT, YOU KNOW, SOME COUNTIES
THAT ARE SMALL, THAT DON'T HAVE A BIG POPULATION, MAYBE IT WON'T COST
THAT MUCH. BUT IT -- JUST IMAGINE YOU'RE ESSENTIALLY STARTING A BUSINESS
COUNTY BY COUNTY, AND THAT BUSINESS IS GOING TO NEED TO BE STAFFED;
STAFFED NOT ONLY BY PEOPLE MAYBE GETTING MINIMUM WAGE, BUT PEOPLE
THAT ARE GONNA HAVE TO BE TRAINED TO DO THIS, TO -- TO PROVIDE
SUPERVISION. AND THEN YOU'RE ALSO GONNA NEED TO HAVE TRAINED
THERAPISTS TO BE ABLE TO DO THERAPEUTIC VISITATION, WHETHER THAT WOULD
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NYS ASSEMBLY APRIL 28, 2026
BE A -- A MASTER'S IN SOCIAL WORK, WHETHER THAT'S GOING TO BE A
PSYCHOLOGIST. YOU'RE GONNA NEED SOMEBODY THERE. AND THEY'RE
SOMETIMES -- THEY WERE SOME OF THE PEOPLE THAT HAD -- THAT HAD STARTED
THEIR OWN BUSINESSES, AND THOSE BUSINESSES HAVE FOLDED. SO WHETHER
THEY REALLY WOULD CONTRACT NOW WITH THE STATE AND START THEIR OWN IS --
IS QUESTIONABLE.
WHILE I DON'T DISPUTE THE NEED TO HAVE SUPERVISED
VISITATION, MORE OF IT IN OUR STATE TO ALLOW KIDS TO BE ABLE TO SEE THEIR
PARENTS AS THEY TRY TO GET THROUGH THEIR MATRIMONIAL MATTER OR THEIR
FAMILY COURT MATTER, I REALLY THINK THAT THIS IS AN EXTREMELY EXPENSIVE
PROPOSITION. AND FOR ME PERSONALLY, I THINK THAT THIS BILL JUST HAS A LOT
OF HOLES IN IT. I THINK THIS IS A GOOD EXAMPLE WHERE WE ARE INDICATING
OUR DESIRE AND INTENT AS THE LEGISLATURE, BUT THEN WE ARE COMPLETELY, I
THINK, ABDICATING ANY ROLE AND WE'RE JUST PUTTING IT ALL ON THE OFFICE OF
VICTIM SERVICES TO DEVELOP THIS PROGRAM. IT'S GOING TO BE A BIG
PROGRAM THAT WILL HAVE A BIG IMPACT ON THE STATE, ON OUR STATE, ON OUR
LITIGANTS, ON OUR KIDS. AND I JUST THINK THAT WHEN THE PRICE TAG IS VERY
QUESTIONABLE, WHEN THE NEED IS GREAT, AND WHEN WE JUST DON'T HAVE A
LOT OF DETAILS IN THE PROGRAM ITSELF THE WAY IT'S LAID OUT RIGHT NOW.
I THINK THAT THE SPONSOR AND THE PEOPLE WHO SUPPORT
THIS BILL HAVE EVERY GOOD INTENTION AND I APPLAUD IT. I JUST THINK THAT
THIS BILL NEEDS WORK. I THINK THAT WE NEED -- AND -- AND NOT FOR NOTHING,
BUT THIS IS NOT THE FIRST TIME THAT WE'VE TAKEN UP THIS BILL, AND WE
CONTINUE TO NOT HAVE SUPPORT FROM THE SECOND FLOOR FOR THIS BILL. WE
DON'T HAVE MONEY IN THE BUDGET RIGHT NOW FOR THIS INITIATIVE. AND IT'S --
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NYS ASSEMBLY APRIL 28, 2026
IT'S -- I THINK IT'S GONNA BE A LOT MORE MONEY THAN WHAT IS CURRENTLY
BEING BUDGETED. LAST YEAR THE SPONSOR INDICATED 25 MILLION. THIS YEAR
HE INDICATED 25 MILLION, BUT HE ALSO SAID THAT THERE ARE MORE COUNTIES
WHO HAVE HAD THEIR PROGRAMS FOLD AND WILL NEED THEM.
SO I JUST THINK UNTIL WE HAVE MORE DETAIL, I'M GOING TO
CONTINUE TO VOTE NO ON THIS PIECE OF LEGISLATION. I WOULD ENCOURAGE MY
COLLEAGUES TO THINK HARD ABOUT IT AND -- AND PERHAPS JOIN ME IN VOTING
NO. NOT BECAUSE I DON'T THINK THAT THERE IS A NEED FOR THIS SERVICE, BUT
JUST BECAUSE I THINK THAT THE BILL IS NOT READY AND THE FINANCIAL SUPPORT
IS NOT THERE.
SO, MADAM SPEAKER, THAT'S IT. I'M GONNA BE NO ON
THIS, BUT I DO APPRECIATE THE SPONSOR'S PERSISTENCE. AND I DO HOPE THAT
SOMEDAY A PROGRAM LIKE THIS GETS OVER THE FINISH LINE, BUT I JUST THINK
THAT THE BILL NEEDS MORE WORK.
THANK YOU VERY MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
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.)
MS. PAULIN TO EXPLAIN HER VOTE.
MS. PAULIN: THANK YOU, MR. -- THANK YOU, MS.
SPEAKER. MY BEGINNINGS IN ADVOCACY LIFE WERE WAY BEFORE I GOT THIS
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NYS ASSEMBLY APRIL 28, 2026
JOB AND -- AND WAY BEFORE I WAS THE EXECUTIVE DIRECTOR OF AN AGENCY
THAT SERVERS BATTERED WOMEN. IT WAS -- IT WAS TO ADVOCATE FOR A
SUPERVISED VISITATION PROGRAM IN WESTCHESTER COUNTY. AND THAT NEED
CAME FROM NOT ONLY THE DOMESTIC VIOLENCE COMMUNITY, BUT FROM THE
JUDGES WHO DIDN'T HAVE A PLACE TO PUT CASES WHERE THEY REALLY NEEDED
TO SEPARATE THE PARENTS BECAUSE OF THE DANGER TO ONE OF THE PARENTS. SO
THIS PROGRAM WILL BENEFIT THOSE SITUATIONS WHERE THEY'RE REALLY
HARDCORE. WHERE YOU NEED TWO ENTRANCES IN ORDER TO HAVE THE -- THE
PARENT WHO'S BEING VICTIMIZED SEPARATED FROM THE PARENT WHO'S DOING
THE VICTIMIZATION.
SO I APPLAUD THE SPONSOR FOR PUTTING FORWARD A BILL
THAT WILL BEGIN TO ADDRESS THIS STATEWIDE. WE'RE VERY FORTUNATE IN
WESTCHESTER THAT THE COUNTY HAS PICKED UP THAT BURDEN OF COST AND THAT
THEY CONTINUE TO -- TO FUND THOSE TWO PLACES THAT WE PUT IN PLACE SO
MANY, MANY YEARS AGO, BUT THE REST OF THE STATE IS NOT AS FORTUNATE. SO
I -- I UNDERSTAND THE, YOU KNOW, THE -- THE NEED TO BALANCE COST WITH
THE -- THE PROGRAM. I JUST BELIEVE THAT THIS COULD HELP A LOT OF FAMILIES
MAINTAIN THOSE RELATIONSHIPS WITH THOSE CHILDREN.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. PAULIN IN THE AFFIRMATIVE.
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: YEAH, JUST VERY BRIEFLY. AND I WANNA
-- I WANNA THANK THE PREVIOUS SPEAKER. I JUST WANT TO MAKE IT VERY
CLEAR THAT WHEN THERE ARE SUPERVISED VISITS INVOLVING -- IN A DOMESTIC
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NYS ASSEMBLY APRIL 28, 2026
VIOLENCE CASE OR A CASE INVOLVING DOMESTIC VIOLENCE, YOU ARE NOT GOING
TO HAVE THE MOTHER AND THE FATHER HAVING A VISIT AT THE SAME TIME OR IN
THE SAME BUILDING OR ANYWHERE NEAR AT THE SAME TIME WITH THAT CHILD.
THERE -- THERE IS GOING TO BE SEPARATION ANYWAY SO THE IDEA OF THEM
CROSSING IN THE HALLWAY OR SOMETHING IS JUST NOT A THING. IT'S NOT --
THAT'S NOT -- THAT'S NOT WHAT'S GONNA HAPPEN.
I THINK ONE OF THE THINGS THAT'S REALLY ABSENT FROM THE,
BILL, THOUGH AND I'D MIGHT BE MORE SUPPORTIVE OF THE BILL IF IT WAS
SPECIFICALLY DESIGNED ONLY FOR THOSE TYPES OF CASES. THAT WOULD BE A
MUCH LOWER PRICE TAG. THEY ARE THE MOST NEEDY CASES AND I ABSOLUTELY
AGREE WITH THAT. THIS -- THIS BILL, THOUGH, DOESN'T SAY THAT. THIS BILL
SAYS THAT ANYBODY IN A FAMILY COURT OR MATRIMONIAL CASE IN STATE
SUPREME OR IN FAMILY COURT CAN ASK AND BE GRANTED SUPERVISED
VISITATION. THAT'S A -- THAT'S A MUCH BIGGER UNIVERSE THAT WE'RE TALKING
ABOUT HERE. THAT'S, ERGO, THE BIGGER PRICE TAG.
SO THAT -- I JUST WANTED TO POINT THAT OUT. I THINK -- I
COMPLETELY AGREE THAT THOSE DV CASES ARE SOME OF THE VERY TOUGHEST
WITH THOSE, AND -- AND JUST PARENTS THAT HAVE BIG ADDICTION OR MENTAL
HEALTH ISSUES, THOSE ARE THE -- THOSE ARE THE HARDEST ONES. BUT THEY'RE
ALSO THE MOST EXPENSIVE ONES TO PROPERLY STAFF AND -- AND HAVE THE
VISITS, BUT I WOULD RATHER PUT THE EGGS IN THAT BASKET AND DO PILOT
PROGRAMS AROUND THE STATE TO ADDRESS THAT ISSUE BEFORE WE TAKE ON
SOMETHING AS BIG AS THIS BILL.
SO, THANK YOU. I'LL CONTINUE TO BE IN THE NEGATIVE.
ACTING SPEAKER HUNTER: THANK YOU.
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NYS ASSEMBLY APRIL 28, 2026
MS. WALSH TO THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 9, CALENDAR NO. 30, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00755-B, CALENDAR
NO. 30, PAULIN, SAYEGH, ROSENTHAL, SIMONE, OTIS, SANTABARBARA, REYES.
AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REQUIRING THE
DEPARTMENT OF HEALTH EXAMINE HEAT VULNERABILITY AND HEAT-RELATED
DEATHS.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MS. PAULIN.
MS. PAULIN: YES. THE BILL WOULD REQUIRE THE
DEPARTMENT OF HEALTH TO EXAMINE HEAT-RELATED DEATHS IN THE STATE AND
PUBLISH AN ANNUAL REPORT OF HEAT VULNERABILITY AND HEAT-RELATED DEATHS
IN THE STATE.
ACTING SPEAKER HUNTER: MR. JENSEN.
MR. JENSEN: THANK YOU, MADAM SPEAKER. WOULD
THE CHAIR FROM WESTCHESTER COUNTY YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. PAULIN: I WILL.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. JENSEN: THANK YOU VERY MUCH, MADAM CHAIR.
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NYS ASSEMBLY APRIL 28, 2026
IN THE TERMS OF THIS LEGISLATION, WHO WOULD BE RESPONSIBLE FOR GETTING
THE INFORMATION ON THESE DEATHS TO THE STATE DOH?
MS. PAULIN: WELL, IN THE CASE OF THE CITY THAT
ALREADY DOES THIS WORK, THE CITY WOULD FORWARD THE INFORMATION THAT
THEY'VE GATHERED, WE'VE MODELED THE BILL EXACTLY LIKE THE CITY SO THERE
SHOULDN'T BE ANY INCONSISTENCY. IN THE CASE OF THE OTHER COUNTIES
BECAUSE THEY HAVE THAT DATA, YOU KNOW, THROUGH -- BECAUSE WHERE
DEATHS ARE USUALLY REPORTED, THEY WOULD BE FORWARDING THE INFORMATION
TO THE STATE.
MR. JENSEN: SO IN -- IN MY UNDERSTANDING, THE
EXISTING NEW YORK CITY CODE HAS IT THAT HOSPITALS MUST BE THE ONES TO
CONVEY THE INFORMATION ON DEATHS TO THE CITY, IS THAT CORRECT?
MS. PAULIN: I -- I DON'T KNOW HOW THE CITY COLLECTS
IT --
MR. JENSEN: OKAY.
MS. PAULIN: -- WE JUST MAKE THE OBLIGATION ON THE
CITY AND HONESTLY HOW THE COUNTIES COLLECT IT WAS LESS RELEVANT, ALSO. IF
-- YOU KNOW, IF THE COUNTIES GET THE INFORMATION FROM THE HOSPITALS,
THAT'S GREAT, YOU KNOW, BUT WHATEVER SYSTEM IS BEING USED CURRENTLY TO
GET THAT INFORMATION WOULD BE THE SAME.
MR. JENSEN: SO FOR BEING ABLE TO CLASSIFY
SOMETHING AS A HEAT-RELATED DEATH, WOULD THE COUNTIES AND THE CITY OF
NEW YORK, WOULD THEY HAVE TO PROVIDE ALL DEATHS WITHIN THAT
JURISDICTION OVER A CERTAIN PERIOD OF TIME AND ALL THE OTHER UNDERLYING
ISSUES THAT ARE HAPPENING AT THAT TIME SO THAT DOH COULD MAKE THE
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NYS ASSEMBLY APRIL 28, 2026
DETERMINATION WHETHER OR NOT IT IS A DEATH THAT WAS EXACERBATED BY
HEAT? OR WOULD THE COUNTIES AND THE CITY HAVE TO MAKE A
DETERMINATION THAT A CERTAIN DEATH MAY HAVE BEEN A HEAT-RELATED DEATH
AND ONLY FORWARD CERTAIN INCIDENCES TO THE DEPARTMENT OF HEALTH?
MS. PAULIN: I THINK IT'S THE LATTER BECAUSE I'M NOT
SURE THAT THE COUNTY WOULD BE ABLE TO MAKE A DETERMINATION LIKE THAT
BUT --
MR. JENSEN: SO IT WOULD --
MS. PAULIN: -- BUT IT'S A GOOD QUESTION.
MR. JENSEN: THANK YOU.
MS. PAULIN: THE THING IS, THE CITY ALREADY DOES
SOMETHING SO I WOULD SAY WE NEED TO FIND OUT EXACTLY HOW THEY DO THIS
AND PROBABLY JUST ADVISE COUNTIES THAT THEY SHOULD DO IT SIMILARLY
BECAUSE THEY DON'T SEEM TO HAVE ANY PROBLEMS.
MR. JENSEN: SO IF IT IS THE LATTER OF THE EX -- OF THE
QUESTION I ASKED IT WOULD BE THAT ONLY A CERTAIN SUBSET OF DEATHS WITHIN
THAT CERTAIN PRIOR TIME PERIOD WOULD BE PASSED ALONG. BUT CERTAINLY --
AND I GUESS I DON'T KNOW WHAT THE MECHANISM IS NOW, BUT MY
UNDERSTANDING IS THAT NOT EVERY DEATH IS REVIEWED BY THE COUNTY
MEDICAL -- OR THE COUNTY MEDICAL EXAMINER TO DETERMINE THE CAUSE OF
DEATH IF SOMEBODY MAY DIE AT HOME, SOMEBODY MAY DIE IN A -- IN A
HOSPITAL SETTING OR A HEALTHCARE SETTING, SOMEBODY MAY DIE IN
SOMEPLACE ELSE. AND SO THERE MAY NOT BE ALWAYS A CLEAR DETERMINATION
OF DEATH. AND SO IF SOMEBODY DIES AND THEY DON'T HAVE AN AUTOPSY,
WHAT WOULD BE THE MECHANISM FOR A COUNTY TO DETERMINE WHETHER OR
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NYS ASSEMBLY APRIL 28, 2026
NOT THAT INCIDENT OF DEATH WOULD BE SOMETHING THAT WOULD HAVE TO BE
REPORTED TO THE DEPARTMENT OF HEALTH?
MS. PAULIN: I WOULD JUST SAY THAT, YOU KNOW, THE
CITY'S VERY LARGE. I DON'T THINK EVERYONE -- THERE'S NO AUTOPSY
REQUIREMENT FOR THOSE DEATHS AS WELL. SO THE -- THEY HAVE FOUND THIS
SYSTEM THAT WORKS FOR THEM. THEY'VE BEEN DOING THESE REPORTS AND IT'S
SHOWING, YOU KNOW, VULNERABILITIES AROUND THE CITY ITSELF AND, YOU
KNOW, AND POPULATIONS THAT ARE VULNERABLE. SO IT MAY NOT BE PERFECT,
BUT IT'S BETTER THAN HAVING NO DATA AND SO IF WE CAN COPY WHAT THE CITY'S
DOING AND MAKE THAT STATEWIDE, WE WOULD HAVE A CUMULATIVE AMOUNT
OF DATA REALLY TO -- TO UNDERSTAND WHERE THIS IS MORE PROBLEMATIC.
MR. JENSEN: SO WITH THE CURRENT -- AND NEITHER OF
US REPRESENTING THE CITY OF NEW YORK IN OUR CONSTITUENCIES, SINCE
2020, WHEN THE CITY CODE BEGAN REQUIRING HOSPITALS SUBMIT THIS DATA,
HAS THE NEW YORK CITY COUNCIL OR THE CITY DEPARTMENT OF HEALTH,
HAVE THEY DONE ANYTHING, WHETHER REGULATIONS OR STATUTE, TO RESPOND TO
THE DATA THAT THEY WERE GIVEN?
MS. PAULIN: I DON'T KNOW, BUT I HAVE A REPORT.
MR. JENSEN: NO -- NO PROPS, MA'AM.
MS. PAULIN: NO PROPS.
MR. JENSEN: NO PROPS.
MS. PAULIN: SORRY, SORRY. I HAVE A REPORT THAT I CAN
SHARE WHERE THEY'VE BEEN ABLE TO -- TO GIVE THAT INFORMATION MAYBE
BACK TO THE HEALTH DEPARTMENT FOR THEM TO TAKE AN ADMINISTRATION
ACTION THAT MIGHT HELP ADDRESS IT BUT IT'S, YOU KNOW, BUT I HAVE THE --
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NYS ASSEMBLY APRIL 28, 2026
THEIR 2025 HEALTH DATA REPORT WHICH DOES INDICATE CERTAIN AREAS AND
CERTAIN POPULATIONS THAT ARE MORE SUSCEPTIBLE TO THIS ISSUE. SO, YOU
KNOW, SO I DO THINK THAT IT'S USEFUL FOR THE DEPARTMENT AT LEAST IN THE
CITY, IT HAS THAT INFORMATION. BUT STATEWIDE WE COULD HAVE IT AND IT
WOULD LEND ITSELF TO PERHAPS CERTAIN AREAS NEED SUPPORT OR AIR
CONDITIONING IN -- IN -- IN CERTAIN PLACES, YOU KNOW, LIKE LIBRARIES OR
SOMETHING. YOU KNOW, SO IT'S -- I THINK IT'S -- IT'S VERY IMPORTANT
ALWAYS TO COLLECT DATA BECAUSE THEN PROGRAMS THAT YOU SET UP ARE MORE
USEFUL, YOU KNOW. OTHERWISE WE'RE JUST SETTING UP A BUNCH OF
PROGRAMS WITHOUT ANY INFORMATION AND I -- I THINK THAT CAN BE
PROBLEMATIC.
MR. JENSEN: I MEAN I -- I FEEL LIKE WE DO THAT A LOT
IN THIS STATE, SET UP A PROGRAM FOR --
(CROSSTALK)
MS. PAULIN: WELL, HERE'S -- HERE'S A WAY FOR US NOT
TO DO THAT AT THIS --
MR. JENSEN: THAT WAS -- SO YOU USED THE EXAMPLE
OF, YOU KNOW, LIBRARIES HAVING AIR CONDITIONING, BUT DO WE REALLY NEED
TO HAVE REPORTS AND ALL THIS DATA GIVEN TO THE DEPARTMENT OF HEALTH FOR
INFORMATION, YOU KNOW, LIKE, HEY, THE SUMMERS ARE WARMER. THIS IS A
BUILDING THAT'S BEEN UNRENOVATED SINCE 1963 AND THE -- THE
TEMPERATURE IS IN THE 90'S, MAYBE WE SHOULD PUT FANS OR AIR
CONDITIONING IN IT. DO WE REALLY NEED DATA COLLECTION AND RAISING
ADMINISTRATIVE BURDENS ON COUNTIES AND THE CITY AND DOH TO MAKE A
RECOMMENDATION THAT I WOULD SAY IS SOMEWHAT COMMON SENSE,
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NYS ASSEMBLY APRIL 28, 2026
ESPECIALLY WHEN IT MAY ONLY BE AN ADVISORY OPINION FROM DOH TO THE
GOVERNOR AND THE LEGISLATURE SAYING, HEY, TAKE THESE ISSUES SERIOUSLY?
MS. PAULIN: SO I'LL JUST POINT OUT TO THE LAST DEBATE
THAT WE JUST HAD WITH -- ON SUPERVISED VISITATION AND THAT, YOU KNOW,
MY HONORED COLLEAGUE WAS TALKING ABOUT PUTTING IN TOO MUCH MONEY
FOR A PROGRAM THAT, YOU KNOW, MAYBE NEEDED TO BE NARROWER. HERE
WE'RE IDENTIFYING THE NARROW -- NARROWER EXAMPLES TO KNOW MAYBE IT'S
IN THREE LIBRARIES, MAYBE THERE ARE POCKETS OF THE COMMUNITY THAT DON'T
HAVE ACCESS TO A -- A PUBLIC FACILITY. YOU KNOW, MAYBE WE'RE TALKING
ABOUT IN THE CITY, I'M MAKING THIS UP BUT, YOU KNOW, JUST THE BRONX,
YOU KNOW, WHERE WE NEED TO PUT RESOURCES. SO IT'LL -- IT'LL ENABLE US TO
PUT RESOURCES AND TAILOR THOSE RESOURCES TO VERY SPECIFIC AREAS SO IT'LL BE
LESS COSTLY TO HAVE A BIGGER IMPACT.
MR. JENSEN: IS THERE AN APPROPRIATION ATTACHED TO
THIS PIECE OF LEGISLATION?
MS. PAULIN: NOT -- UNTIL WE COLLECT THE DATA, YOU
KNOW, WHICH IS EASY BECAUSE IT'S JUST A BUNCH OF NUMBERS, YOU KNOW,
THAT ARE GONNA GET FED TO THE COUNTY -- FROM THE COUNTY TO THE STATE.
WE DON'T KNOW WHETHER WE NEED ADDITIONAL RESOURCES YET BECAUSE WE
DON'T KNOW IF THERE'S A PATTERN TO -- TO TALK ABOUT.
MR. JENSEN: SO I KNOW IN -- I'VE SEEN PRESS REPORTS
OF -- IN NEW YORK CITY AND I KNOW IN MONROE COUNTY AND I'M SURE IN
WESTCHESTER COUNTY AS WELL THAT WHEN THE TEMPERATURE DOES RISE, LOCAL
GOVERNMENT OR THE COUNTY GOVERNMENT IS SAYING, HEY, YOU KNOW,
TEMPERATURES ARE GONNA BE DANGEROUSLY HIGH. WE'RE SETTING UP
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NYS ASSEMBLY APRIL 28, 2026
COOLING CENTERS. THEY'RE DOING THAT ALREADY WITHOUT HAVING THIS DATA.
SO WHY WOULD WE NEED TO SUBMIT ALL THE DATA TO DOH WHEN COUNTIES
MAY ALREADY BE TAKING STEPS ON THEIR OWN TO ADDRESS SOME OF THESE
CONCERNS?
MS. PAULIN: WELL, I WOULD ARGUE THAT NOT ALL
COUNTIES ARE DOING THAT AND MAYBE WE'D FIND THE HEAT-RELATED DEATHS IN
THE COUNTIES THAT AREN'T. YOU KNOW, SO -- SO IT -- IT JUST GIVE US MORE
INFORMATION TO ABLE TO HELP MORE PEOPLE. YOU KNOW, OLDER PEOPLE ARE
PARTICULARLY SUSCEPTIBLE. YOU KNOW, THEY'RE -- THEY'RE FINDING, YOU
KNOW, POOR PEOPLE OBVIOUSLY, MINORITIES ARE OBVIOUSLY MORE IMPACTED
BECAUSE THEY MAY NOT HAVE -- BUT -- BUT TO KNOW WHERE AND TO KNOW
EXACTLY WHAT THOSE POPULATIONS ARE IN THOSE SPECIFIC COUNTIES COULD
JUST BE HELPFUL. JUST, YOU KNOW, IT'S JUST EYE OPENING SOMETIMES TO
HAVE THE INFORMATION.
MR. JENSEN: DO WE KNOW WHAT -- OR DO WE KNOW
WHETHER OR NOT THE STATE DEPARTMENT OF HEALTH HAS THE STAFF AVAILABLE
OR AN OFFICE THAT WOULD BE ABLE TO EFFECTIVELY PROCESS THIS DATA, HAVE
THE DEVELOPMENT OF RECOMMENDATIONS TO SEND BACK FROM THE
LEGISLATURE AND WORK WITH THE GOVERNOR OR THE LEGISLATURE TO
DETERMINE POTENTIAL LEGISLATION? SO WE -- DOES DOH HAVE THE ABILITY
TO ACTUALLY DO SOMETHING WITH THIS DATA?
MS. PAULIN: I THINK THAT DOH IS VERY CREATIVE AND
COULD EASILY, YOU KNOW, UNDER THE LEADERSHIP OF OUR GREAT
COMMISSIONER OF HEALTH FIGURE IT OUT IF THEY HAD THE INFORMATION.
MR. JENSEN: WOULD -- WOULD ENTITIES THAT MAY BE
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NYS ASSEMBLY APRIL 28, 2026
IN NEED OF CAPITAL INVESTMENT LIKE COLLEGES WHERE HEAT MAY BE HOTTER
THAN IT IS IN OTHER PLACES BE PART OF THE RECOMMENDATIONS FOR --
MS. PAULIN: IT'S HARD -- YOU KNOW, IT'S HARD TO
KNOW UNTIL WE START COLLECTING THE DATA OF -- OF HEAT DEATHS CAUSED BY
SPECIFICALLY HEAT. WE -- WE --
MR. JENSEN: SO IS IT EXCLUSIVELY DEATHS? BECAUSE
ISN'T THERE, YOU KNOW, BECAUSE THIS IS FOCUSED SOLELY ON HEAT-RELATED
DEATHS, BUT DOESN'T OTHER HEAT-RELATED INCIDENTS, DEHYDRATION, HEAT
STROKE, SUNBURN, DON'T THOSE HEAT-RELATED AFFLICTIONS OR SOLAR-RELATED
AFFLICTIONS ALSO HAVE AN IMPACT ON OVERALL PUBLIC HEALTH? SO WHY ARE
WE EXCLUSIVELY LIMITING THE DATA TO JUST HEAT-RELATED DEATHS WHEN WE
KNOW THAT IT IS -- COULD BE ENHANCING COMORBIDITIES THAT LEAD TO --
MS. PAULIN: IT -- YOU HAVE TO START SOMEWHERE.
(LAUGHTER)
MR. JENSEN: OKAY. FAIR ENOUGH. MY COLLEAGUE
WAS ADVOCATING AGAINST THE BILL AND I WAS LIKE, LET'S MAKE IT BIGGER.
MS. PAULIN: IN THAT WAY.
(LAUGHTER)
MR. JENSEN: JUST TRYING TO THROW A CURVE BALL IN
THERE, MADAM CHAIR.
THANK YOU VERY MUCH TO THE -- THE HEALTH
CHAIRWOMAN FOR ANSWERING MY QUESTIONS.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. FALL.
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NYS ASSEMBLY APRIL 28, 2026
MR. FALL: MADAM -- MADAM SPEAKER, CAN YOU CALL
ON THE CODES COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE ROOM?
ACTING SPEAKER HUNTER: CODES COMMITTEE
MEMBERS PLEASE MAKE YOUR WAY TO THE SPEAKER'S CONFERENCE ROOM.
CODES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM.
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
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF
LEGISLATION, BUT IF THERE ARE AFFIRMATIVE VOTES, THEY MAY BE CAST NOW AT
MEMBERS' SEATS.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. FALL.
MR. FALL: THANK YOU, MADAM SPEAKER. THE
MAJORITY CONFERENCE WILL SUPPORT THIS PIECE OF LEGISLATION. FOR THOSE
THAT WOULD LIKE TO VOTE DIFFERENTLY, THEY CAN DO SO AT THEIR DESK.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. DIPIETRO TO EXPLAIN HIS VOTE.
MR. DIPIETRO: THANK YOU, MADAM SPEAKER. I
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NYS ASSEMBLY APRIL 28, 2026
THINK, JUST MY OPINION, BUT I'M -- I HOPE I'M WRONG, BUT I THINK THERE'S
GONNA BE A -- AN INCREASE IN FATALITIES FROM HEAT THIS SUMMER IF IT'S --
A, IF THE CLIMATE -- IF THE HEAT THAT THEY'RE PREDICTING THIS SUMMER
STANDS TRUE, BUT ALSO BECAUSE MOST PEOPLE, IT'S HAPPENING AROUND THE
STATE, THEY CAN'T AFFORD THEIR ELECTRIC BILLS WHICH MEANS THERE'S GONNA
BE A LOT OF PEOPLE THAT AREN'T GONNA PUT ON THEIR AIR CONDITIONERS
BECAUSE THEY CAN'T AFFORD THEIR ELECTRIC BILLS FROM WHAT HAS HAPPENED
WITH THE CLIMATE ACT.
SO I'LL BE VOTING NO AND I'LL BE -- HOPE I'M WRONG ON
MY PREDICTION AND WE'LL FIND OUT IN THE FALL.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. DIPIETRO IN THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. FALL FOR THE PURPOSE OF AN INTRODUCTION.
MR. FALL: THANK YOU, MADAM SPEAKER. ON -- ON
BEHALF OF MEMBER MCMAHON, AS PART OF THE NEW YORK STATE COALITION
AGAINST DOMESTIC VIOLENCE, WE ARE JOINED TODAY BY STUDENTS FROM THE
SUNY BUFFALO SCHOOL OF LAW, FAMILY VIOLENCE AND WOMEN'S RIGHTS
CLINIC AND THEIR PROFESSORS, KELLEY OMEL AND JUDITH OLIN. THE
STUDENTS ARE SANDY SPARKS, ALYSYN COLANGELO, LENNON GRECO, GABBY
CYWINSKI, LILY LEFFLER, KAILYN LANE, SKYLER REHBEIN, GABY BAKER AND
SARA TRIFVOVIC. THESE STUDENTS PROVIDE FREE LEGAL REPRESENTATION TO
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NYS ASSEMBLY APRIL 28, 2026
SURVIVORS OF FAMILY VIOLENCE AND DIVORCE AND CHILD SUPPORT
PROCEEDINGS AS PART OF THEIR LEGAL EDUCATION.
ON BEHALF OF MEMBER MCMAHON, I'D LIKE TO THANK
THEM FOR THE IMPORTANT WORK THAT THEY DO AND IF YOU COULD BE SO KIND
TO WELCOME THEM TO THE PEOPLE'S HOUSE.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
MCMAHON, MR. FALL, THE SPEAKER AND ALL MEMBERS, WE WELCOME THE
STUDENTS FROM THE UB FAMILY VIOLENCE AND WOMEN -- WOMEN'S RIGHTS
CLINIC. WE APPRECIATE YOU BEING HERE TODAY, EXTENDING TO YOU THE
PRIVILEGES OF THE FLOOR, HOPING YOU ENJOY OUR PROCEEDINGS TODAY. WE
THANK YOU FOR ALL OF THE WORK, THE COMMITTED WORK THAT YOU ARE DOING.
YOU COULD HAVE CHOSE ANY PROFESSION AND ANY AREA IN LAW AND YOU
CHOSE SOMETHING VERY IMPORTANT AND MUCH NEEDED. SO WE APPRECIATE
THAT VERY MUCH. THANK YOU SO VERY MUCH FOR JOINING US TODAY.
(APPLAUSE)
PAGE 10, CALENDAR NO. 53, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01422, CALENDAR NO.
53, CRUZ, DE LOS SANTOS, SIMONE, KELLES, SIMON, RAGA, TAYLOR,
SEAWRIGHT, LEVENBERG, OTIS, WALKER, DAVILA, GLICK, ZACCARO,
ZINERMAN, ROSENTHAL, K. BROWN, GONZ LEZ-ROJAS, TAPIA, GALLAGHER.
AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO REQUIRING
ACCURATE INTERPRETATION OF STATEMENTS MADE BY DEPONENTS WITH LIMITED
ENGLISH PROFICIENCY IN ACCUSATORY INSTRUMENTS AND SUPPORTING
DEPOSITIONS.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
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BEEN REQUESTED.
MS. CRUZ.
MS. CRUZ: THANK YOU, MADAM SPEAKER. NEW YORK
IS A LINGUISTICALLY DIVERSE STATE AND SOME NEW YORKERS ARE NOT FULLY
PROFICIENT IN THE ENGLISH LANGUAGE. IN THE CRIMINAL JUSTICE CONTEXT, THIS
BECOMES AN ISSUE WHEN A NEW YORKER WHO IS NOT FULLY PROFICIENT IN
ENGLISH SEEKS TO REPORT A CRIME. HOW CAN A PERSON WHO IS NOT
SUFFICIENT IN -- PROFICIENT IN ENGLISH RELAY FACTS OF AN INVENT -- OF
INCENDIARY CHARACTER TO LAW ENFORCEMENT OFFICIALS IF HE, SHE OR THEY
CANNOT SPEAK OR WRITE ENGLISH?
THE SOLUTION IS RATHER SIMPLE; REQUIRE THAT LAW
ENFORCEMENT OFFICIALS USE QUALIFIED TRANSLATORS WHO CAN TRANSLATE THE
DEPONENT'S ACCUSATIONS INTO ENGLISH AND THEN REQUIRE THAT THESE
INDIVIDUALS SUBMIT AFFIDAVITS AFFIRMING WHAT THEY DID AS WELL AS THEIR
QUALIFICATIONS. THE PROPOSED LEGISLATION WOULD ENSURE THE DEPONENT
HAVE THEIR ALLEGATIONS ACCURATELY TRANSLATED BY SOMEONE WHO IS
QUALIFIED TO TRANSLATE -- TO TRANSLATE THEM WHILE ALSO PUTTING DEFENDANT
ON SUFFICIENT NOTICE OF THE FACTS GIVEN -- GIVING RIGHTS TO FACTUAL
ALLEGATIONS LEVIED AGAINST THEM.
ACTING SPEAKER HUNTER: MR. MORINELLO.
MR. MORINELLO: WILL THE SPONSOR YIELD FOR A FEW
QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. CRUZ: I WILL.
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ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. MORINELLO: I -- I REVIEWED THE TRANSCRIPT OF
LAST YEAR'S DEBATE AND I'M NOT EMBARRASSED TO ADMIT THAT WE MISSED THE
POINT, OKAY, ON OUR SIDE. AT LEAST I DID. SO WHAT I'D LIKE TO DO IS STATE
THAT AS A RETIRED JUDGE, I TRULY UNDERSTAND THE INTENTION AND THE NEED FOR
THIS PARTICULAR PIECE OF LEGISLATION. MY QUESTIONING WILL FOCUS MORE ON
THE IMPLEMENTATION AND THE FINANCIAL ASPECTS, OKAY? AND AS TO THE
DEGREE THAT WE CAN GO FORWARD.
WOULD IT BE A FAIR STATEMENT TO SAY THE BILL SEEMS TO
ADDRESS PRIOR TO ENGAGING THE COURT SYSTEM, BUT ULTIMATELY THOSE
DOCUMENTS WILL FORM THE BASIS OF WHAT THE COURT AND THE JUDGES HAVE TO
LOOK AT WHEN THEY GO FORWARD?
MS. CRUZ: THAT'S CORRECT.
MR. MORINELLO: OKAY. DO YOU ENVISION THE
OFFICE OF COURT ADMINISTRATION BEING INVOLVED ON IMPLEMENTATION?
MS. CRUZ: NO. THE TIME WHEN THE COURT
ADMINISTRATION IS INVOLVED IS AT THE TIME WHEN THE CASE WOULD ACTUALLY
GO TO COURT AND THERE IS ALREADY A PROCESS FOR ALL OF THAT TO HAPPEN.
THIS IS PRIOR TO.
MR. MORINELLO: OKAY. HAVE THEY BEEN
CONSULTED ON THIS, THOUGH?
MS. CRUZ: NO.
MR. MORINELLO: NO. DO YOU ENVISION ANY
ABILITY FOR THEM OR NEED FOR THEM TO BE INVOLVED ONLY BECAUSE THERE IS
A PROCESS NOW WERE THERE ARE CENTRALIZED INTERPRETERS THAT THE COURTS
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CAN UTILIZE TELEPHONICALLY. AND THIS WOULD SEEM TO BE SOMETHING THAT
COULD BE DOVETAILED INTO AND RESOLVE THE ISSUE FOR THE -- THOSE THAT HAVE
-- NOT PROFICIENT IN THE ENGLISH LANGUAGE.
MS. CRUZ: WELL, I MEAN, THERE -- SO A COUPLE OF
THINGS. THERE'S ALREADY A SYSTEM JUST WITH THE COURTS BUT WITH OTHER
AGENCIES AND EVEN LOCALITIES TO USE A CENTRALIZED INTERPRETING SYSTEM.
BUT JUDGING FROM PAST TIMES THAT WE'VE DEBATED THIS BILL, THERE ARE
COUNTIES WHERE THOSE TWO MAY BE ONE IN THE SAME. SO THERE MIGHT BE
A NEED TO HAVE THOSE CONVERSATIONS, BUT GENERALLY, THERE'S ALREADY A
SYSTEM IN PLACE IN BOTH THE COURT SYSTEM AS WELL AS OUTSIDE OF IT. THE
DIFFERENCE IS THAT IN THE COURT SYSTEM, YOU ARE ALREADY WHETHER IT'S IN
FRONT OF A JUDGE OR SIGNING YOU'RE CERTIFYING THAT YOU ARE AN INTERPRETER
QUALIFIED TO INTERPRET WHATEVER CONVERSATION IS HAPPENING. OUTSIDE OF
IT, IT'S JUST PROVIDING THE INTERPRETATION BUT THERE IS NO REQUIREMENT THAT
YOU AS AN INTERPRETER CERTIFY THAT YOUR INTERPRETING IS ACCURATE OR THAT
YOU'RE QUALIFIED TO DO SO.
MR. MORINELLO: ARE YOU SAYING THAT THERE'S NO
RULE OR THAT THESE INTERPRETERS WOULD HAVE TO BE CERTIFIED? I'M -- I'M
TRYING TO WHICH DEGREE AND AT WHAT POINT.
MS. CRUZ: THAT'S CORRECT. SO RIGHT NOW, A STATE
AGENCY -- THERE IS UNDER THE LAW AND BEFORE THAT IT USED TO BE AN
EXECUTIVE ORDER, STATE AGENCIES ARE REQUIRED TO PROVIDE INTERPRETATION
UP TO, I BELIEVE IT'S 12 LANGUAGES AND AN ADDITIONAL FOUR IF THEY SO
CHOSE DEPENDING ON THE LANGUAGE NEED OF THEIR AREA. AND SO FOR
EXAMPLE, IN ITHACA -- FOR THE ITHACA POLICE DEPARTMENT AND IN TOMS --
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TOMPKINS COUNTY GOVERNMENT, THERE'S ALREADY POLICIES IN PLACE
SAYING, WE'RE GOING TO CONTRACT WITH THESE TWO PARTICULAR ENTITIES TO
PROVIDE TRANSLATION WHEN SOMEONE COMES IN AND NEEDS IT. THE
DIFFERENCE IS THAT IN THOSE INSTANCES THERE IS NO REQUIREMENT THAT THOSE
INTERPRETERS SIGN OR ATTEST IN ANY WAY THAT THEY'RE A, QUALIFIED, OR -- AND
-- AND B, THAT WHAT THEY'RE INTERPRETING IS EXACTLY WHAT WAS RELAYED TO
THEM.
MR. MORINELLO: SO IF THERE'S NO NEED OR RULE OR
LEGISLATION IN PLACE, THEN YOU CAN ALMOST HAVE ANYBODY DO THIS
INTERPRETATION. WHAT -- SO MY QUESTION WOULD BE, WOULD IT NOT BE MORE
PRUDENT, BECAUSE ONE OF THE ISSUES WE ALWAYS HAVE IS WHERE IS THE
MONEY GONNA COME FROM? AND THAT'S ONE OF THE ISSUES WHY WE'RE STILL
HERE WITHOUT A BUDGET. WHERE IS THE MONEY GONNA COME FROM? SO MY
FOCUS IS MORE, WOULD THERE BE ANY MERIT IN AT LEAST LOOKING TO MERIT --
MERIT THE TWO DIFFERENT SYSTEMS SO THAT WE HAVE A UNIFORM
INTERPRETATION SYSTEM SO THAT THIS WOULD BE UTILIZED AND THE -- WITH THE
ACCURACY SO THAT WE DO NOT HAVE MISINTERPRETATION AT THE INITIAL STAGES
OF INVOLVEMENT OF THE POLICE AND THEREFORE THE COURTS?
MS. CRUZ: SO THERE IS -- LET ME EX -- THE BEST WAY I
CAN EXPLAIN IT IS THERE IS A CENTRALIZED REQUIREMENT. IT COMES VIA THE
LANGUAGE ACCESS PLAN THAT THE STATE HAS. BUT THERE IS NOT NECESSARILY
A CENTRALIZED SYSTEM BECAUSE ONE IS USED BY THE COURTS, THEY MIGHT USE
THE SAME INTERPRETATION COMPANY THAT IS USED BY LOCAL COUNTY
GOVERNMENT OR STATE AGENCIES. I UNDERSTAND WHAT YOU'RE SAYING. THIS
BILL HAS NOTHING TO DO WITH THAT, SO I'M GOING TO LEAVE THAT PERHAPS FOR A
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SIDE CONVERSATION THAT YOU AND I CAN HAVE ABOUT EFFICIENCY. I'LL LEAVE IT
AT THAT.
MR. MORINELLO: IT WOULD JUST SEEM THAT MOVING
IN THIS DIRECTION, IF WE'RE GOING TO PROTECT THE RIGHTS OF BOTH VICTIMS AND
DEFENDANTS OR THE ACCUSED DEALING WITH THOSE THAT ARE NOT PROFICIENT,
THAT MAYBE THE DISCUSSION COULD LEAD TO THAT. FOR EXAMPLE, A
CENTRALIZED INTERPRETATION CENTER THAT CAN BE UTILIZED BOTH RURAL AND
COURTS WITHIN THE CITY LIMITS THAT THEY CAN GO -- THEY CAN CALL UP ON OR
DO IT VISUAL SO THAT THERE'S UNIFORMITY IN THE INTERPRETATIONS, BECAUSE
ISN'T IT MY UNDERSTANDING THAT THIS WHOLE PURPOSE IS TO ADMINISTER
JUSTICE IN A FAIR MANNER TO ALL PARTIES DOING IT IN THE MOST EFFICIENT?
MS. CRUZ: SO YOU ARE CORRECT THAT THIS IS ABOUT
ENSURING JUSTICE AND ENSURING THAT WHATEVER THE DEPONENT IS SAYING TO
THE POLICE OFFICER OR WHERE THEY'RE MAKING THE COMPLAINT THAT IT IS
TRANSLATED SO THAT THEY CAN AT THE END OF THIS GET JUSTICE. THE
CONVERSATION ABOUT EFFICIENCY, IT'S NOT CONTEMPLATED BY THIS BILL. I
UNDERSTAND WHAT YOU'RE SAYING, BUT WHAT THIS BILL CONTEMPLATES IS THE
LEGAL REQUIREMENTS SO THAT WHATEVER IS BEING INTERPRETED CAN THEN LATER
BE USED IN COURT.
MR. MORINELLO: SO LET -- LET ME ASK YOU THIS AS A
HYPOTHETICAL. YOU HAVE A NON-CERTIFIED INTERPRETER DO -- WHAT -- AT THE
INITIAL STAGES OF AN INFORMATION WHICH THEN MOVES TO AN ACCUSATION OR
DEP --
(CONFERENCING)
-- DEPOSITION, OKAY? AND AT THE COURT -- AT THE -- ONCE
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THE COURT BECOMES INVOLVED, WHAT IF THERE'S A DIFFERENCE BETWEEN THE
INTERPRETATION OF THE COURT INTERPRETER AND THE PERT -- THE -- THE INITIAL
INFORMATION WHICH LED TO THE ALLEGATION? HOW DOES THAT GET RESOLVED?
NOW YOU'VE GOT -- YOU'RE -- YOU'RE NOT SERVING JUSTICE IT WOULD SEEM.
MS. CRUZ: IN YOUR EXAMPLE, WOULD IT BE BEFORE THIS
BILL PASSES OR AFTER THE BILL PASSES?
MR. MORINELLO: PARDON?
MS. CRUZ: IN -- IN YOUR EXAMPLE, ARE YOU
CONTEMPLATING --
MR. MORINELLO: AFTER -- AFTER THE BILL PASSES.
MS. CRUZ: SO IN AN INSTANCE LIKE THAT, AN
INDIVIDUAL, YOU KNOW, PERHAPS A FRIEND OR THE SISTER OR BROTHER OF THE
DEPONENT WHO CAME WITH THEM WOULD BE ALLOWED TO SERVE AS AN
INTERPRETER IF IT'S AN OBSCURE LANGUAGE. FOR EXAMPLE, IN MANY UPSTATE
COUNTIES YOU MIGHT NOT HAVE ACCESS TO AN INTERPRETATION SYSTEM RIGHT
AWAY, THERE MAY BE AN ISSUE GETTING ACCESS TO SOMEONE. THAT PERSON
WHO'S MAKING THE INTERPRETATION WOULD STILL HAVE TO SIGN AN AFFIDAVIT
SAYING THAT WHAT THEY'RE INTERPRETING IS ACCURATE AND THAT THEY HAVE
KNOWLEDGE OF THAT PARTICULAR LANGUAGE.
MR. MORINELLO: DOES YOUR BILL TAKE INTO
CONSIDERATION DIALECT DIFFERENCES FROM DIFFERENT AREAS OF A PARTICULAR
COUNTRY OR A REGION? BECAUSE DIALECT DIFFERENCES CAN HAVE DIFFERENT
MEANINGS SO THAT -- THAT IS WHERE A CENTRALIZED -- WOULD POSSIBLY AVOID
THAT.
MS. CRUZ: SO THE BILL TAKES INTO ACCOUNT THE
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QUALIFICATIONS AND CERTIFYING -- OR SELF-CERTIFICATION BY THE INTERPRETER
THAT THEY ARE QUALIFIED TO INTERPRET THAT PARTICULAR LANGUAGE. I WOULD
ASSUME THAT THEY'RE -- IF THEY'RE GOING TO SIGN AN AFFIDAVIT THAT SAYS THAT
THEY ARE KNOWLEDGEABLE AND THEY'RE DOING SO ACCURATELY IT WOULD TAKE
THAT INTO ACCOUNT.
MR. MORINELLO: OKAY. BUT I DON'T THINK THAT
ADDRESSED THE ISSUE OF DIALECT DIFFERENCES WITHIN THE SAME LANGUAGE.
SO THE PERSON WHO IS INTERPRETING IT AT THE INITIAL STAGES CERTIFIES THAT
YES, THEY ARE DOING IT ACCURATELY. BUT THEY ALSO ARE NOT VERSED IN ALL
DIALECTS. THE -- THE -- SO THERE'S -- THERE -- THERE COULD BE --
MS. CRUZ: WELL, I THINK THAT'S WHY THE BILL PREFERS
THAT IT BE CERTIFIED INTERPRETERS BECAUSE GENERALLY THOSE -- THOSE TYPE OF
INDIVIDUALS ARE TRAINED ON THE DIALECT AND THE DIFFERENT INTERPRETATIONS
OF A PARTICULAR WORD. THE ONLY WAY YOU WOULD BE ABLE TO USE A FAMILY
MEMBER IS IF IT'S AN OBSCURE LANGUAGE THAT THERE'S NO ACCESS TO FOR AN
INTERPRETER, BUT GENERALLY THAT'S WHY THE BILL OPTS TO USE A CERTIFIED
INTERPRETER.
MR. MORINELLO: OKAY. AND I APOLOGIZE, I DID
ASK THIS AND YOU MAY HAVE ANSWERED. HAS -- HAS THERE BEEN ANY
CONSIDERATION OF A CENTRALIZED INTERPRETATION CENTER THAT CAN BE
ACCESSED 24 HOURS A DAY? STATE RURAL COUNTIES, I HAVE A VERY RURAL
COUNTY AND I HAVE A NUMBER OF H-2A WORKERS IN THE SUMMER, OKAY.
AND IF -- SHOULD THEY HAVE A PROBLEM EITHER AS A COMPLAINANT OR AS AN
ACCUSED, THEY -- THEY'RE BROUGHT TO A LOCAL CRIMINAL COURT. SOMETIMES
TO THE JUDGE'S HOUSE BECAUSE THE DISTANCE FROM THE COURTHOUSE. SO TO
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FACILITATE THAT, THERE'S NO WAY THEY'RE GOING TO HAVE AN INTERPRETER AT
THAT POINT. THAT'S WHY I ASKED, WAS THERE EVER ANY CONSIDERATION? IT'S
NOT A TRICK QUESTION, IT'S LIKE TO HAVE A CENTRALIZED 24-HOUR ACCESSIBLE
SO THAT ALL OF THESE RURAL COURTS CAN DISPENSE JUSTICE FOR THOSE THAT AREN'T
PROFICIENT IN THE ENGLISH LANGUAGE.
MS. CRUZ: THE STATE LANGUAGE ACCESS PLAN ALREADY
CONTEMPLATES THAT AND CREATES A -- A HOTLINE OR A -- A -- A SORT OF
CENTRALIZED SYSTEM --
(CROSSTALK)
MR. MORINELLO: THERE WOULD BE A PERFECT WAY
OF ASSESSING IT, A HOTLINE. IT -- IT -- IT --
MS. CRUZ: IT ALREADY EXISTS.
MR. MORINELLO: PARDON?
MS. CRUZ: IT ALREADY EXISTS.
MR. MORINELLO: YES. HAS THERE BEEN ANY -- JUST
DISCUSSION WHEN THE BILL WAS COMING TOGETHER?
MS. CRUZ: THERE WAS NO NEED TO DO THAT BECAUSE IT
ALREADY EXISTS.
MR. MORINELLO: WELL, WHERE DOES IT EXIST? YOU
SAID THE COURT SYSTEM IS DIFFERENT THAN WHAT YOU'RE DOING HERE. IT EXISTS
IN THE COURT SYSTEM --
MS. CRUZ: YES.
MR. MORINELLO: -- BUT THIS IS DIFFERENT THAN THAT.
MS. CRUZ: THIS -- THIS HAS -- SO THIS HAS NOTHING TO
DO WITH THE ACTUAL SYSTEM TO ACCESS THE INTERPRETERS BECAUSE THE NEW
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YORK STATE LANGUAGE ACCESS PLAN ALREADY TAKES CARE OF THAT. SO THERE
IS A PLAN THAT'S BEEN -- THAT BEGAN AS AN EXECUTIVE ORDER AND IT'S NOW
LAW AND ALREADY ENSURES THAT AGENCIES HAVE ACCESS TO AN INTERPRETATION
SYSTEM. GENERALLY, IT'S TWO TO THREE VENDORS PER AGENCY THAT THEY'RE
GIVEN AND THEY -- AND WHETHER IT'S THE POLICE DEPARTMENT, THE
DEPARTMENT OF LABOR, THEY CAN CALL THOSE HOTLINES AND ARE ABLE TO
ACCESS THOSE INTERPRETERS. IN THIS BILL, THE ONLY THING THIS BILL DOES, IT
CONTEMPLATES THE QUALIFICATIONS THAT AN INTERPRETER'S PUTTING FORTH IN AN
AFFIDAVIT SO THAT THAT AFFIDAVIT CAN THEN BE USED AS PART OF A --
ACCUSATORY INSTRUMENT.
MR. MORINELLO: THANK YOU.
MS. CRUZ: OH, YES. AND REQUIRING EACH LAW
ENFORCEMENT AGENCY TO DO IT BECAUSE RIGHT NOW, IT'S A "MAY" SITUATION.
WE WANT TO SAY "WILL" OR "SHALL."
MR. MORINELLO: THANK YOU.
MS. CRUZ: THANK YOU.
MR. MORINELLO: ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MORINELLO: AS I STATED INITIALLY, INITIALLY I
THINK THE DEBATE PRIOR FOCUSED ON A NEED, WHICH I THINK WAS MISGUIDED
AND WE MISSED SOME OF THE POINTS THAT COULD HAVE BEEN ACCOMPLISHED
OVER THE LAST YEAR. IT'S NOT THE NEED OR THE CONCEPT. WHAT IT IS IS THE
IMPLEMENTATION, AND I STILL FEAR THAT BECAUSE OF DIALECT DIFFERENCES,
TIMING, JUSTICE COURTS IN RURAL AREAS, THAT IT SHOULD BE FOCUSED MORE ON
ADAPTING OR -- OR OPTING INTO THE STATE SYSTEM AND PUT TOGETHER A SYSTEM
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THAT HAS CENTRALIZED ACCESS TO IT, BECAUSE THE OTHER SIDE IS GONNA BE THE
ECONOMICS TO THIS AND AS WE STATED, NEW YORK STATE RIGHT NOW IS
STRUGGLING TO FIND WAYS TO FUND THEIR BUDGET. AND THIS HAS BEEN ONE OF
THE REASONS WHY THERE'S NO BUDGET AT THIS TIME.
SO I WOULD SUGGEST THAT YES, WE NEED THIS. YES, IT'S
GOOD. YES, IT'S DIFFERENT THAN THE COURT SYSTEM. BUT IF WE'RE GOING TO
START WORRYING MORE ABOUT THOSE THAT DO NOT HAVE PROFICIENCY IN THE
ENGLISH LANGUAGE, THAT MAYBE WE START LOOKING TO, HOW DO WE
ACCOMPLISH IT STATEWIDE WITH ONLY ONE SYSTEM THAT ACCOMPLISHES ALL
THE NEEDS.
THANK YOU VERY MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ANGELINO.
MR. ANGELINO: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR PLEASE YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. CRUZ: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. ANGELINO: GOOD AFTERNOON. LUCKILY, I -- WE
DID THIS SAME DEBATE LAST YEAR, SAME PEOPLE AND I READ THROUGH THAT.
BUT I -- I WAS ONLY GOING TO SPEAK ON THE BILL UNTIL YOU SAID SOMETHING
THAT WAS A LITTLE DIFFERENT, BECAUSE WHILE MY COLLEAGUE FROM NIAGARA
FALLS MENTIONED MOSTLY COURT PROCEEDINGS AND IN COURT, I THINK LAST
YEAR YOU AND I TALKED MOSTLY ABOUT LAW ENFORCEMENT OUT ON THE -- IN
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THE FIELD. AND YOU SAID -- I -- I REMEMBER LAST YEAR I SAID, CAN'T A
TRUSTED FAMILY MEMBER BE THE INTERPRETER OR TRANSLATOR? AND LAST YEAR
I DON'T THINK YOU SAID THEY COULD.
MS. CRUZ: I DON'T REMEMBER, IT'S LAST YEAR.
MR. ANGELINO: OKAY. SO THAT WAS A CONCERN AND
THAT'S THE ONLY REASON I'M ASKING QUESTIONS NOW IS BECAUSE YOU SAID
THAT A -- WHEN I ASKED, YOU KNOW, IN A RURAL AREA IT'S HARD TO FIND
SOMEBODY, GENERALLY A POLICE OFFICER'S TALKING TO A VICTIM AND THERE'S
USUALLY FAMILY MEMBERS THERE. WOULD ONE OF THOSE FAMILY MEMBERS
SUFFICE?
MS. CRUZ: SO WHAT THE BILL INTENDS TO DO IS THAT IN
AN INSTANCE LIKE THAT, THE ONLY TIME AN OFFICER SHOULD BE USING A FAMILY
MEMBER IS IF THE LANGUAGE -- IF -- IF THEY ATTEMPTED TO ACCESS
INTERPRETATION, THEY COULDN'T BECAUSE OF A NUMBER OF REASONS; LANGUAGE
IS NOT AVAILABLE, IT'S OBSCURE, ET CETERA, ET CETERA, THEN THEY SHOULD BE
ABLE TO USE A FAMILY MEMBER THAT'S THERE WHO WILL STILL HAVE TO GO
THROUGH THE PROCESS OF ATTESTING TO THE INTERPRETATION ACCURACY AND TO
THEIR SKILL LEVEL IN THE LANGUAGE.
MR. ANGELINO: OKAY. AND WAS THERE A -- AN
INCIDENT OR A -- OR SEVERAL OR JUST ONE, SOMETHING THAT HAPPENED WHERE
TRANSLATION WAS LOST AND SOMETHING BAD HAPPENED TO SOMEBODY?
MS. CRUZ: I MEAN IT HAPPENS ALL THE TIME. I DON'T
HAVE ONE SPECIFIC, BUT I COULD TELL YOU IT HAPPENS ALL THE TIME.
MR. ANGELINO: OKAY. THANK YOU.
MADAM SPEAKER, ON THE BILL.
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ACTING SPEAKER HUNTER: ON THE BILL.
MR. ANGELINO: SO LAST YEAR I THINK -- WE DON'T
NEED TO REHASH EVERYTHING BUT WITHOUT GETTING IN TOO DETAIL BECAUSE IT
WILL DOCK SOMEBODY BUT THIS SITUATION HAPPENS TIME AND TIME AGAIN.
THE -- I HAVE A BIG RURAL DISTRICT. ENGLISH IS 99.9% OF THE PEOPLE.
WHEN WE DO ENCOUNTER SOMEBODY THAT DOES NOT SPEAK ENGLISH, IT'S
MOSTLY SPANISH AND WE GET THROUGH THAT PRETTY WELL FROM SPANISH
SPEAKERS, BUT IT'S NOT EXACT. I MEAN, MY HIGH SCHOOL SPANISH IS
TERRIBLE. SO WE USUALLY RELY UPON A FAMILY MEMBER AND WE'RE TALKING
SUPPORTING DEPOSITIONS HERE.
AND JUST SO YOU KNOW, AT 2 O'CLOCK IN THE MORNING
WHEN TWO COPS ARE AT A BAR FIGHT, ONE IS TRYING TO TALK TO THE VICTIM,
THEY DON'T SPEAK ENGLISH, USUALLY IT'S GONNA BE SPANISH, A FAMILY
MEMBER STANDS THERE. THESE SUPPORTING DEPOSITIONS ARE TAKEN ON A
COP'S LAP ON A PIECE OF PAPER USING A PEN. WE'RE TRYING TO GET THAT
SUPPORTING DEPOSITION DONE QUICKLY BECAUSE NO -- NO VICTIM INCIDENT IS
EVER THE SAME. OUR -- WE'RE TRYING TO APPREHEND SOMEBODY, WE'RE
TRYING TO PREVENT FURTHER DAMAGE FROM HAPPENING, WE'RE TRYING TO GET A
SUPPORTING DEPOSITION AS A BASIS FOR PROBABLE CAUSE TO MAKE AN ARREST.
AND IF YOU WAITED TEN MINUTES, YOU KNOW, SOMEBODY NOW IS 15 MILES
AWAY. IT JUST MAKES OUR JOB MORE DIFFICULT. I DON'T KNOW WHAT WOULD
REALLY HAPPEN IF WE HAD TO RELY UPON THAT SUPPORTING DEPOSITION TO GO
THROUGH COURT, AND IF THAT WEREN'T PRIMA FACIE ENOUGH FOR THE COURT AS IT
IS NOW, A LOT OF THESE CASES WOULD GET THROWN OUT BASICALLY ON A
TECHNICALITY THAT IT WASN'T A CERTIFIED TRANSLATOR.
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SO I WAS HAPPY TO HEAR THAT IN AN URGENT SITUATION A
FAMILY MEMBER COULD DO THAT BECAUSE WE -- WE'RE ALL TRYING TO GET
JUSTICE HERE. AND IT'S NOT VERY OFTEN THAT THE ACTOR OF A CRIME THAT
CAUSED DAMAGE, STOLE SOMETHING, COMES TO US FIRST AND WANTS TO
CONFESS. WE HAVE TO RELY UPON VICTIMS OF THESE.
I'LL BE -- I'LL BE VOTING NO JUST FOR THE CUMBERSOMENESS
OF THIS AND HOW IT'S GONNA IMPACT RURAL LAW ENFORCEMENT AND
METROPOLITAN LAW ENFORCEMENT.
THANK YOU VERY MUCH, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MOLITOR.
MR. MOLITOR: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. CRUZ: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. MOLITOR: THANK YOU. JUST A FEW QUESTIONS
ABOUT -- OR SOME QUESTIONS ABOUT THE IMPLEMENTATION OF THIS PARTICULAR
LAW. WHAT TYPES OF ACCUSATORY INSTRUMENTS WILL THIS LAW APPLY TO?
MS. CRUZ: I'M SORRY, CAN YOU SAY THAT A LITTLE BIT
LOUDER?
MR. MOLITOR: YEAH. WHAT TYPES OF ACCUSATORY
INSTRUMENTS WILL THIS LAW APPLY TO?
MS. CRUZ: ANY THAT WOULD BE USED TO ENSURE -- GIVE
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ME ONE SECOND.
(PAUSE)
I CAN READ ALL OF THEM, ALL RIGHT. AN INFORMATION, A
SIMPLIFIED INFORMATION. I AM -- JUST -- MY READING.
(CONFERENCING)
SO IT WOULD APPLY TO AN INDICTMENT, AN INDICTMENT
ORDER TO REDUCE PURSUANT TO SUBDIVISION 1 OF SECTION 210.20. A
SIMPLIFIED INFORMATION, A PROSECUTOR'S INFORMATION, A SUPERIOR COURT
INFORMATION, A MISDEMEANOR COMPLAINT OR A FELONY COMPLAINT.
MR. MOLITOR: WHY WOULD IT -- WHY WOULD IT
APPLY TO AN INDICTMENT?
(CONFERENCING)
MS. CRUZ: IF THERE WAS A DEPOSITION THAT OCCURRED
PRIOR TO GETTING TO COURT AND THEY ARE -- AND THERE WAS NO CERTIFIED
TRANSLATION PROVIDED AS IT WOULD IN THE COURT, THEN IT WOULD APPLY.
MR. MOLITOR: BUT IN AN INDICTMENT THERE'S A GRAND
JURY PROCEEDING, AND IN THAT GRAND JURY PROCEEDING IF SOMEONE SPOKE
ANOTHER LANGUAGE BESIDES ENGLISH, THERE WOULD BE AN INTERPRETER AND
THAT INTERPRETER WOULD HAVE TO BE SWORN. SO --
MS. CRUZ: THAT'S CORRECT, YES.
MR. MOLITOR: -- SO WHY WOULD THIS APPLY TO AN
INDICTMENT?
MS. CRUZ: IT WOULD BE FOR ANYTHING THAT WAS
COMMUNICATED PRIOR TO STEPPING INTO COURT.
MR. MOLITOR: SO THIS LAW WOULD REQUIRE -- SO LET'S
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SAY, LET'S SAY A MISDEMEANOR INFORMATION WAS FILED IN LOCAL COURT, THIS
-- AND THE FACTS THAT ARE RELEVANT TO THIS PARTICULAR SCENARIO ARE -- OCCUR,
YOU'D HAVE TO GO THROUGH THIS WHOLE PROCESS IN ORDER TO HAVE A
SUFFICIENT MISDEMEANOR INFORMATION, RIGHT?
MS. CRUZ: YEAH. YEAH. YEAH. YEAH, CORRECT.
YEAH.
MR. MOLITOR: RIGHT? AND THEN YOU PROVIDE
NOTICE THE DEFENDANT THAT THE CASE IS GONNA GO TO GRAND JURY, AND ONCE
THERE'S AN INDICTMENT, YOU WOULD HAVE TO GO THROUGH THIS PROCESS AGAIN
IN COUNTY COURT OR SUPREME COURT?
MS. CRUZ: YOU'D ALSO HAVE TO ENSURE THAT THE
INDICTMENT IS TRANSLATED TO THE PERSON'S LANGUAGE.
MR. MOLITOR: TO THE DEFENDANT/S LANGUAGE?
MS. CRUZ: TO THE -- BOTH. YEAH, BOTH.
MR. MOLITOR: WHERE -- WHERE IN THE LANGUAGE OF
THIS BILL, MAYBE I MISSED IT, BUT WHERE IN THE LANGUAGE OF THIS BILL DOES
IT REQUIRE OR DOES IT SAY THAT THE INDICTMENT NEEDS TO BE CONVERTED TO
THE DEFENDANT'S PRIMARY LANGUAGE?
MS. CRUZ: DO YOU HAVE IT IN FRONT OF YOU? 'CAUSE I
CAN POINT IT.
MR. MOLITOR: I DO.
MS. CRUZ: SO IT WOULD BE WHERE IT SAYS, NOT
WITHSTANDING ANY PROVISION OF THE LAW TO -- TO THE CONTRARY WHERE THE
FACTUAL ALLEGATIONS OF THE ACCUSATORY INSTRUMENT AND/OR ANY
SUPPORTING DEPOSITION FILED IN CONNECTION WITH THE INSTRUCTIONS CONSIST
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OF STATEMENTS MADE BY THE DEPONENT TO A PUBLIC SERVANT. SO THAT
SECTION RIGHT THE THERE.
MR. MOLITOR: THAT SAYS DEPONENT THOUGH, NOT THE
DEFENDANT. YOU'RE TALKING ABOUT -- THIS -- THIS BILL IS ABOUT A WITNESS
WHO MAYBE SPEAKS A DIFFERENT LANGUAGE --
MS. CRUZ: YES.
MR. MOLITOR: -- IT'S NOT ABOUT A DEFENDANT WHO
SPEAKS A DIFFERENT LANGUAGE.
MS. CRUZ: SORRY, I -- MAYBE I MISHEARD YOU AND
I'M GONNA ASK THAT EITHER YOU SPEAK A LITTLE BIT LOUDER OR GET CLOSER
BECAUSE THERE'S LIKE NOISE AROUND US. SO I WANT TO MAKE SURE THAT I'M
HEARING YOU AS BEST POSSIBLE.
MR. MOLITOR: OKAY. SO JUST TO BE CLEAR -- IS THAT
BETTER?
MS. CRUZ: YES. MUCH BETTER.
MR. MOLITOR: JUST TO BE CLEAR, THIS LAW, THIS
PROPOSED LAW, DOES NOT APPLY TO AN INDICTMENT?
MS. CRUZ: YEAH, IT DOES.
MR. MOLITOR: WELL, YOUR -- YOUR -- YOUR BILL IS
AMENDING SECTION 100.40.
MS. CRUZ: WELL -- NO, NO, NO. IT -- IT A -- IT A -- IT
APPLIES TO MAKING SURE THAT WE'RE INTERPRETING THAT INFORMATION AND THAT
INDICTMENT FOR THE DEFENDANT. I'M SORRY, NOT FOR THE DEFENDANT, FOR THE
DEPONENT.
MR. MOLITOR: RIGHT, BUT YOU'RE AMENDING SECTION
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100.40 OF THE CRIMINAL PROCEDURE LAW WHICH DOESN'T APPLY TO
INDICTMENTS. IT APPLIES TO LOCAL CRIMINAL COURT ACCUSATORY INSTRUMENTS.
(PAUSE)
AN INDICTMENT IS NOT A LOCAL CRIMINAL COURT ACCUSATORY
INSTRUMENT --
MS. CRUZ: HOLD YOUR THOUGHT FOR ONE SECOND. HOLD
THAT THOUGHT.
(CONFERENCING)
WE DON'T READ IT -- I HAVE TO CONSULT WITH COUNSEL. WE
DON'T READ IT TO NOT INCLUDE AN INDICTMENT, WE READ IT TO ACTUALLY
INCLUDE IT AS IT IS ALSO AN ACCUSATORY INSTRUMENT.
MR. MOLITOR: WELL, IF YOU LOOK AT SECTION 100.40
OF THE CRIMINAL PROCEDURE LAW IT'S TITLED LOCAL CRIMINAL COURT AND
YOUTH PART OF THE SUPERIOR COURT ACCUSATORY INSTRUMENTS; SUFFICIENCY
ON FACE. AND IT LISTS THE INSTRUMENTS AND INFORMATION, A SIMPLIFIED
INFORMATION, A PROSECUTOR'S INFORMATION, A MISDEMEANOR COMPLAINT OR A
FELONY COMPLAINT. THOSE ARE THE FIRST FOUR SECTIONS OF THAT LAW. YOU'RE
SEEKING TO ADD A FIFTH SECTION, WHICH -- AND WE'LL GET TO HOW THAT
APPLIES TO THE OTHER FOUR SECTIONS HERE IN A MINUTE. BUT YOU'RE SEEKING
TO ADD A FIFTH SECTION THAT DOES NOT SEEK TO CHANGE THE REQUIREMENTS FOR
AN INDICTMENT BECAUSE THAT'S UNDER A SEPARATE CRIMINAL PROCEDURE LAW
SECTION.
MS. CRUZ: WHAT I'M LOOKING AT -- I'M -- WE'RE
GONNA HAVE TO I GUESS AGREE TO DISAGREE ON THAT.
MR. MOLITOR: OKAY. ALL RIGHT. SO LOOKING BACK
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AT THE LANGUAGE OF THE BILL, THIS BILL WOULD REQUIRE BASICALLY SOME EXTRA
STEPS FOR THE FILING OF THE ACCUSATORY INSTRUMENTS THAT ARE LISTED IN THAT
SECTION. WHEN -- WHEN WILL THIS ACTUALLY BE REQUIRED? WHEN WILL THIS
HAPPEN LET'S SAY? WELL, LET'S TAKE AN EXAMPLE, IT'LL BE A LOT EASIER. THE
POLICE FILE A -- A MISDEMEANOR ALLEGING AN A -- AN ASSAULT -- A
MISDEMEANOR ASSAULT. WHAT ARE THE FACTS OR CIRCUMSTANCES THAT ARE
REQUIRED UNDER THIS BILL FOR IT TO BE SUFFICIENT ON ITS FACE?
MS. CRUZ: THE DEPONENT WHO WOULD BE SOMEONE
WHOSE PRIMARY LANGUAGE IS NOT ENGLISH, REQUIRES AN INTERPRETER, AN
INTERPRETER IS PROVIDED AND THE INFORMATION THAT COMES OUT -- AND WHEN
I MEAN INFORMATION I DON'T MEAN THE DOCUMENT, THE FACTS THAT COME OUT
LEAD THE POLICE TO THINK THAT A CRIME HAS OCCURRED AND TO THEN TAKE THE
NEXT STEPS. IF THAT'S PART OF -- OF THE EXAMPLE THAT YOU ARE PUTTING
FORWARD, THEN IN AN INSTANCE LIKE THAT, YOU WOULD NEED THE DEPONENT'S
STATEMENT TO BE ACCOMPANIED BY A CERTIFICATION FROM THE INTERPRETER
AND THERE'S TWO WAYS THAT IT CAN BE DONE. IT'S EITHER A STATEMENT
PROVIDED IN THE LANGUAGE OF THE DEPONENT, ALONG WITH A TRANSLATION THAT
-- AND A STATEMENT THAT SAYS IT'S ACCURATELY TRANSLATED, OR THE STATEMENT
COMPLETELY IN ENGLISH WITH A CERTIFICATION THAT SAYS, THIS HAS BEEN
TRANSLATED FROM THE DEPONENT'S ORIGINAL LANGUAGE AND I AM A CERTIFIED
INTERPRETER TO DO SO.
MR. MOLITOR: SO TO USE MY COLLEAGUE'S EXAMPLE
JUST FOR -- TO MAKE THIS EASY; YOU HAVE A BAR FIGHT, LET'S SAY BETWEEN
JOHN AND PAUL. AND THE POLICE SHOW UP, THEY TAKE A DEPOSITION FROM
PAUL WHO'S LET'S SAY THE VICTIM IN THIS PARTICULAR CIRCUMSTANCE AND THEY
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FILE AN ACCUSATORY INSTRUMENT CHARGING JOHN WITH ASSAULT. AT WHAT
POINT DOES THAT ACCUSATORY INSTRUMENT GET CHALLENGED TO -- IF LET'S SAY
PAUL'S PRIMARY LANGUAGE WAS NOT ENGLISH? AT WHAT POINT DOES THAT --
MS. CRUZ: SO LET'S WALK THE EXAMPLE BACK. WHEN
THE POLICE SHOW UP, THEY DETERMINE THAT JOHN OR PAUL DO NOT SPEAK
ENGLISH OR WELL ENOUGH TO BE ABLE TO COMMUNICATE WITH THEM. THE
MAJORITY OF POLICE DEPARTMENTS HAVE AN I SPEAK CARD AND THE MAJORITY
OF POLICE DEPARTMENTS ALREADY HAVE A SYSTEM IN PLACE TO BE ABLE OR
SOME ARE -- OR AN INTERPRETATION SYSTEM CONTRACTED TO BE ABLE TO CALL.
THEY CALL, SOMEONE PICKS UP AND THEN THEY'RE ABLE TO RELAY THE FACTS
AND THAT FACTUAL INFORMATION IS THEN USED BY THE POLICE TO FILE CHARGES
OR -- I'M NOT -- I'M -- NOT TO FILE CHARGES, I'M SORRY, TO THEN ARREST
SOMEONE AND THAT COULD RESULT IN A MISDEMEANOR, ET CETERA, ET CETERA.
AT THE POINT WHERE THEY DECIDE THAT THERE'S FACTUAL INFORMATION AND THAT
COULD LEAD THEM TO THINK THAT A CRIME HAS OCCURRED, THAT INTERPRETER -- I
WOULD GUESS THAT WHAT SHOULD HAPPEN IS THAT INTERPRETER IS THEN
INFORMED THAT THEY NEED TO SUBMIT A DOCUMENT SHOWING THEIR
QUALIFICATIONS, ET CETERA, ET CETERA, OR THE TWO EXAM -- THE TWO
STATEMENTS THAT I GAVE YOU, A TRANSLATED STATEMENT OR A STATEMENT IN
ENGLISH AND CERTIFICATION OF THE QUALIFICATIONS OF THE INTERPRETER.
MR. MOLITOR: SO IF THE POLICE SHOW UP IN THIS
SCENARIO AND PAUL SAYS TO THEM, THAT GUY PUNCHED ME IN THE FACE AND
THEY TAKE THAT DOWN, THEY WRITE IT DOWN ON A SUPPORTING DEPOSITION,
PAUL SIGNS IT AND THEY FILE -- THE POLICE FILE AN ASSAULT THIRD IN THE
LOCAL CRIMINAL COURT. THEN JOHN'S ATTORNEY AND JOHN FINDS OUT -- JOHN'S
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ATTORNEY FINDS OUT THAT PAUL'S PRIMARY LANGUAGE IS NOT ENGLISH, JOHN'S
ATTORNEY CAN MOVE TO DISMISS THE COMPLAINT FOR INSUFFICIENCY?
MS. CRUZ: IT'S WHAT'S HAPPENING NOW A LOT OF TIMES.
THERE'S -- IT'S ACTUALLY ONE OF THE BASIS -- INACCURATE INTERPRETATION IS
ACTUALLY OFTEN THE BASIS FOR APPEAL. WHETHER THE APPEAL SUCCEEDS OR
NOT IS A WHOLE DIFFERENT CONVERSATION, BUT IT'S OFTEN NOW AND WHAT WE'RE
TRYING TO DO IS MAKE SURE THAT WE ARE AVOIDING THAT BASIS FOR APPEAL BY
CREATING A SYSTEM WHERE IT HAPPENS BASICALLY AUTOMATICALLY.
MR. MOLITOR: SO WHAT IF -- WHAT IF THAT -- THAT
EXACT SAME SCENARIO OCCURS BUT THE POLICE ALSO GET A WITNESS FROM
SOMEBODY ELSE WHOSE PRIMARY LANGUAGE IS ENGLISH AND THEY HAVE IT ON
THE BAR CAMERA THAT JOHN PUNCHED PAUL. CAN THEY STILL -- CAN THE
DEFENSE ATTORNEY STILL MOVE TO DISMISS FOR LACK OF SUFFICIENCY?
MS. CRUZ: IF -- IF THE POLICE FAILED -- IF -- IF THE
POLICE ARE USING THIS ADDITIONAL WITNESS'S STATEMENT AS PART OF THE ACC --
OF THE FACTS FOR THE ACCUSATORY INSTRUMENT AND THEY FAILED TO GET A
CERTIFICATION OR AN INTERPRETER, THEN YES. THE ANSWER IS YES.
MR. MOLITOR: OKAY. AND JUST TO BE CLEAR, IN THE
LANGUAGE OF THIS BILL THERE IS NO DEFINITION OF INTERPRETER; IS THAT
CORRECT?
MS. CRUZ: THAT'S CORRECT.
MR. MOLITOR: SO ANYONE WHO'S [SIC] SUFFICIENTLY
SPEAKS THAT LANGUAGE COULD BE USED AS AN INTERPRETER UNDER THE
LANGUAGE OF THIS BILL?
MS. CRUZ: THAT IS CONTEMPLATED BY THE LANGUAGE
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ACCESS LAW AND PLANS OF THE STATE, THAT'S A COMPLETELY DIFFERENT
SECTION, WHERE WHO IS A CERTIFIED AND NOT A CERTIFICATED INTERPRETER AND
IS USED FOR THE PURPOSES OF MEETING THE REQUIREMENTS OF STATE AGENCIES
AND CITY AGENCIES. THAT'S A SEPARATE SECTION.
MR. MOLITOR: BUT -- BUT THIS DOESN'T REFERENCE
THOSE LAWS, RIGHT?
MS. CRUZ: THIS REFERENCES SOMEONE BEING ABLE TO
CERTIFY THAT THEY'RE AN INTERPRETER. I THINK THE PART THAT IS OFTEN MISSED
IS THAT A LOT OF THIS IS ALREADY HAPPENING. THE ONLY PIECE THAT'S MISSING
IS THAT CERTIFICATION BECAUSE A LOT OF AGENCIES, A LOT OF LAW ENFORCEMENT
AGENCIES ARE ALREADY USING MANY OF THE PHONE LINE SYSTEMS TO CALL AN
INTERPRETER WHEN NEEDED.
MR. MOLITOR: THANK YOU.
ON THE BILL.
ACTING SPEAKER BUTTENSCHON: ON THE BILL.
MR. MOLITOR: SO I -- I DON'T NECESSARILY DISAGREE
WITH THE PREMISE OF THIS BILL. I THINK THAT IF YOU ARE -- IF THE POLICE ARE
GOING TO FILE CHARGES, YOU KNOW, THEY SHOULD BE ACCURATE IN -- IN THE
ALLEGATIONS. AND I, YOU KNOW, WHEN I SPEAK TO THE POLICE OR WHEN I
DID SPEAK TO THE POLICE IN MY FORMER CAREER, I KNOW THAT MANY OF THEM,
IF NOT ALL OF THEM, WANTED TO DO THAT.
I THINK THAT THIS BILL LACKS SOME DEFINITIONS THAT WOULD
MAKE IT A LITTLE BIT CLEARER AND EASIER TO IMPLEMENT, AND I THINK ONE OF
THE MAJOR PROBLEMS WE HAVE IN THE CRIMINAL JUSTICE SYSTEM RIGHT NOW
IN THE STATE OF NEW YORK IS A LOT OF CONFUSING LAWS THAT DON'T ACTUALLY
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WORK AND THIS IS -- I THINK WILL BE ANOTHER ONE OF THEM.
I'M A LITTLE BIT CONCERNED THAT THE SPONSOR'S
INTERPRETATION OF THIS BILL INCLUDES INDICTMENTS WHEN THE LANGUAGE OF
THIS BILL DOES NOT INCLUDE INDICTMENTS AND THE SECTION THAT'S REFERENCED
ALSO DOES NOT INCLUDE INDICTMENTS. AN INDICTMENT IS A COMPLETELY
SEPARATE PROCEEDING THAT HAS ITS OWN SAFEGUARDS IN PLACE AND IF IT'S PART
OF THIS LEGISLATIVE RECORD THAT INDICTMENTS ARE INCLUDED, IT'S GONNA
CREATE A LOT OF CONFUSION ACROSS THE STATE OF NEW YORK.
SO FOR ALL OF THESE REASONS I WOULD ASK ALL OF MY
COLLEAGUES TO PLEASE VOTE NO ON THIS BILL AND I WILL BE VOTING NO AS
WELL.
THANK YOU.
ACTING SPEAKER BUTTENSCHON: MR. REILLY.
MR. REILLY: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD FOR A COUPLE QUESTIONS?
MS. CRUZ: OF COURSE, MR. REILLY.
MR. REILLY: THANK YOU.
ACTING SPEAKER BUTTENSCHON: THE
SPONSOR YIELDS.
MR. REILLY: THANK YOU SO MUCH. SO THE QUESTION
I HAVE IS LET'S PUT THIS INTO A -- A REAL WORLD CONTEXT BEFORE IT REACHES
THE COURTS.
MS. CRUZ: YES.
MR. REILLY: SAY A POLICE OFFICER OR ANOTHER LAW
ENFORCEMENT OFFICER RESPOND TO A SCENE AND THEY'RE INTERVIEWING
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SOMEONE AND THIS OFFICER SPEAKS SPANISH BUT ENGLISH IS HIS PRIMARY.
AND THERE'S A SPONTANEOUS UTTERANCE BY ONE OF THE INDIVIDUALS AND THE
INDIVIDUAL, HIS PRIMARY LANGUAGE IS SPANISH. HE CREATE -- CREATES A
SPONTANEOUS UTTERANCE ADMITTING TO A CRIME IN SPANISH. THE OFFICER
NOW PLACES THAT INDIVIDUAL UNDER ARREST. WHEN THE ACCUSATORY
INSTRUMENT IS DRAWN UP BY THE DISTRICT ATTORNEY'S OFFICE, WILL THAT
OFFICER HAVE TO BE A QUALIFIED INTERPRETER UNDER THIS BILL?
MS. CRUZ: SO IN YOUR EXAMPLE, MR. REILLY, WOULD
THE EXCITED UTTERANCE BE USED AS THE BASIS TO ARREST THE INDIVIDUAL?
MR. REILLY: IT WOULD BE INCLUDED IN THE ACCUSATORY
INSTRUMENT.
MS. CRUZ: SO IN THAT INSTANCE AND I'M GONNA USE
ACTUALLY A -- A STATEMENT BY ONE OF YOUR COLLEAGUES, I THINK IT WOULD BE
IN THE INTEREST OF JUSTICE AND THIS BILL WOULD WANT IT TO BE AN
INDEPENDENT INTERPRETER THAT THEN IS ABLE TO CERTIFY THAT STATEMENT. THE
REASON WHY, ESPECIALLY IN SPANISH, HE MIGHT UNDERSTAND IT, BUT AS WE
HEARD ONE OF YOUR COLLEAGUES EARLIER, THERE'S DIFFERENT DIALECTS. THERE'S
-- IN SPANISH ONE WORD CAN MEAN FIVE DIFFERENT THINGS DEPENDING ON
THE COUNTRY AND SO WE WOULD WANT TO MAKE SURE IN THE INTEREST OF
JUSTICE THAT THE PERSON HAS THEIR STATEMENT INTERPRETED BY SOMEONE WHO
IS CERTIFIED SO THAT, YOU KNOW, SIX MONTHS LATER THE CASE ISN'T THROWN
OUT.
MR. REILLY: SO IF THERE'S A SHOOTING AND THE POLICE
ARE INVOLVED IN THE SHOOTING AND NOW THEY STEP IN, NOBODY'S HIT AND
THEY STEP IN AND IT'S THE PERSON THAT WAS SHOOTING AT THEM AND THEY
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WERE SHOOTING AT -- AT EACH OTHER AND THE POLICE MOVE IN, NOBODY GOT
HIT AND THEY MOVE IN, THEY APPREHEND THE SUSPECT, THEY PLACE HIM IN
HANDCUFFS AND HE SAYS, I WAS LOOKING TO KILL YOU AND HE SAYS IT IN
SPANISH AND THERE'S A SPANISH SPEAKING OFFICER THAT'S THERE. CAN THAT
BE USED IN THE ACCUSATORY INSTRUMENT?
MS. CRUZ: WELL, MR. REILLY, IF I ALSO REMEMBER
CORRECTLY, IN AN INSTANCE LIKE THAT THE ARREST IS ALSO OCCURRING BECAUSE
THE OFFICERS THEMSELVES VIEWED THE CRIME IN PROGRESS, CORRECT?
MR. REILLY: YES, BUT I'M GONNA -- BUT THEY -- THEY
ARE GOING TO USE A SPONTANEOUS UTTERANCE THAT -- THAT INDIVIDUAL
IMPLICATED THEMSELVES. ACCORDING TO THIS LEGISLATION, IF THIS IS PASSED
AND SIGNED INTO LAW, THE DEFENSE ATTORNEYS WOULD BE ABLE TO THROW THAT
OUT IMMEDIATELY BECAUSE OF THIS.
MS. CRUZ: THE --
MR. REILLY: IS THAT CORRECT?
MS. CRUZ: SORRY, SOMEONE'S PHONE WENT OFF.
MR. REILLY: THAT'S OKAY.
MS. CRUZ: THIS BILL WOULD -- DOESN'T CONTEMPLATE
ALLOWING THAT CASE TO BE THROWN OUT. I -- I SUSPECT THAT THERE ARE GOING
TO BE TIMES WHEN SOMETHING LIKE THAT -- IF -- IF I MAY --
MR. REILLY: GO AHEAD, FINISH --
MS. CRUZ: -- WHERE SOMETHING LIKE THAT COULD
HAPPEN AND THERE'S OTHER PROTECTIONS IN THE LAW TO ENSURE THAT THAT IS
NOT -- THAT THAT CASE IS NOT THROWN OUT.
NOW, I ALSO SUSPECT THAT AFTER THE PERSON SAYS THAT,
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YOU'RE GOING TO PROCEED TO ARREST THEM, YOU'RE GOING TO PROCEED TO
QUESTION THEM, THE EXCITED UTTER -- UTTERANCE PIECE ASIDE, ANYTHING THAT
THEY SAY TO YOU AFTER SHOULD BE THROUGH AN INTERPRETER THAT THEN GETS
CERTIFIED, ET CETERA, ET CETERA. SO WE'RE NOT CONTEMPLATING HERE
ALLOWING THAT EXCITED UTTER -- UTTERANCE NOT TO BE USED IN COURT.
MR. REILLY: BUT IF IT'S BY -- IF IT'S INTERPRETED BY
THE POLICE OFFICER WHO SPEAKS SPANISH AND ENGLISH BUT THEY'RE NOT A
CERTIFIED INTERPRETER, IT AUTOMATICALLY WILL BE THROWN OUT ACCORDING TO
THIS LEGISLATION, CORRECT? THIS SPONTANEOUS UTTERANCE BY ITSELF.
MS. CRUZ: WE'RE NOT CHANGING THAT PROCESS.
MR. REILLY: YOU -- BUT YOU ARE IF YOU'RE ASKING FOR
THE -- THE INITIAL, RIGHT, COMPLAINT TO BE FILED, RIGHT, THE ACCUSATORY
INSTRUMENT. SPONTANEOUS UTTERANCES ARE OFTEN USED IN THE INITIAL
COMPLAINT WHERE IT RISES TO PROBABLE CAUSE. SO I WANT -- IF THAT'S THE
CASE, THIS LEGISLATION WOULD SAY THAT -- IT WOULD ALLOW THEM TO SAY THAT
THE POLICE OFFICER IS NOT A CERTIFIED INTERPRETER AND THEREFORE IT WOULD
JEOPARDIZE THAT, CORRECT?
MS. CRUZ: SO NO -- NO, NOT CORRECT. THERE'S TWO
WAYS TO LOOK AT THIS. THE FIRST ONE AGAIN, I WOULD -- WILL REPEAT, WE ARE
NOT CONTEMPLATING CHANGING THE INSTANCES WHERE A POLICE OFFICER WOULD
BE ABLE TO USE AN EXCITED UTTERANCE, TRANSLATED OR NOT, TO BEGIN THAT
PROCESS OF QUESTIONING, ARRESTING, ET CETERA. I SUSPECT THAT AT SOME
POINT IN THAT INTERACTION WITH THE SUSPECT, THE OFFICER WOULD CONTINUE TO
QUESTION THEM ABOUT EVERYTHING ELSE THAT HAPPENED. THAT CONTINUE TO
QUESTION AND PROCESS WOULD THEN HAVE TO BE TRANSLATED THROUGH AN
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NYS ASSEMBLY APRIL 28, 2026
INTERPRETER CERTIFIED, ET CETERA.
I'M GOING TO CHECK WITH COUNSEL FOR ONE SECOND.
MR. REILLY: OKAY.
(CONFERENCING)
MS. CRUZ: SO IT -- IT ALSO OCCURS TO ME THAT IN THE
SAME WAY THAT A FAMILY MEMBER WITH AN OBSCURE LANGUAGE IN A SMALL
TOWN IN UPSTATE NEW YORK WOULD BE ABLE TO CERTIFY, I UNDERSTAND THE
LANGUAGE AND I ACTUALLY CAN INTERPRET THEM, THERE'S GOING TO BE AN
OPPORTUNITY FOR THE OFFICER TO BE ABLE TO DO THE SAME THING.
MR. REILLY: BUT IF THEY'RE NOT CERTIFIED --
MS. CRUZ: SO --
MR. REILLY: WOULD THAT -- WOULD THAT BE AN ISSUE?
MS. CRUZ: SO ONE OF THE THINGS THAT I EXPLAINED
EARLIER TO YOUR COLLEAGUE IS THAT THE BILL CONTEMPLATES AND PREFERS THAT IT
BE SOMEONE WHO IS CERTIFIED AND CAN ATTEST TO THEIR ABILITY TO INTERPRET.
BUT WE ALSO KNOW THAT THERE ARE THOUSANDS OF LANGUAGES SPOKEN IN OUR
COUNTRY AND IF IT'S AN OBSCURE LANGUAGE AND THERE'S NO ACCESS TO
INTERPRETATION OTHER THAN THE COUSIN, FOR EXAMPLE, THEN THAT COUSIN
WOULD HAVE TO SAY, I AM CAPE -- I -- I'M TRANSLATING THIS TO THE BEST OF
MY ABILITY, I'M CAPABLE OF TRANSLATING IT, I UNDERSTAND THE LANGUAGE
AND HERE'S WHAT IT WOULD SAY. SO I WOULD ARGUE THAT IN AN INSTANCE LIKE
THAT, AN OFFICER COULD -- COULD CONCEIVABLY SAY, I'M NOT CERTIFIED, BUT I
AM CAPABLE OF UNDERSTANDING IT AND BE ABLE TO SIGN OFF ON THAT AS WELL.
MR. REILLY: SO TO -- SO TO PRESERVE THE LEGISLATIVE
RECORD HERE, SO IF AN OFFICER WHO SPEAKS THAT LANGUAGE SAYS THAT THEY
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HEARD THE SPONTANEOUS UTTERANCE IN THAT PERSON'S PRIMARY LANGUAGE AND
THEY'RE ABLE TO INTERPRET IT AND IT -- IT SHOULD BE -- IT SHOULD BE ABSTAIN --
IT -- IT SHOULD SURVIVE ANY CHALLENGE IN COURT?
MS. CRUZ: THIS BILL IS NOT CHANGING THAT PROCESS.
MR. REILLY: SO IT WOULD -- THE -- THE CLEAR ANSWER
I'M ASKING FOR IS, WOULD THIS --
MS. CRUZ: I -- I KNOW WHAT YOU'RE ASKING ME TO DO
AND MY ANSWER IS THIS BILL IS NOT CHANGING THAT PROCESS.
MR. REILLY: OKAY. SO LET'S SHIFT GEARS A LITTLE BIT.
WHAT IF THERE'S A DYING DECLARATION? POLICE OFFICER SHOWS UP ON THE
SCENE, SOMEONE GOT SHOT, THEY SPEAK SPANISH, THIS OFFICER SPEAKS
ENGLISH AND SPANISH AND THE PERSON DYING SAYS, SO AND SO SHOT ME AND
KILLED ME, THEY SAID IT IN SPANISH, WOULD -- NOW YOU CAN'T -- YOU CAN'T
GET THAT INTERPRETED BECAUSE AT THAT TIME MAYBE HE SUCCUMBS TO HIS
INJURIES AND DIES. WHAT -- SAME SCENARIO, GOES TO COURT, THEY USE THAT,
THEY MAKE AN ARREST, SOMEONE'S CHARGED WITH THE MURDER. WHAT WOULD
HAPPEN?
MS. CRUZ: THIS BILL'S NOT CHANGING THAT PROCESS.
MR. REILLY: SO THE OFFICERS -- THE OFFICER TAKING IN
THAT INFORMATION IT WOULD BE FINE? AND IT WOULD BE AN ACCUSATORY
INSTRUMENT AND SURVIVE?
MS. CRUZ: AGAIN, MR. REILLY, I KNOW WHAT YOU'RE
ASKING ME AND I KNOW WHAT YOU'RE TRYING TO GET OUT OF ME AND I AM
TELLING YOU THIS BILL'S NOT CHANGING THAT PROCESS.
MR. REILLY: I'M GONNA BE HONEST WITH YOU, THE
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ONLY THING I'M TRYING TO GET AT IS TO MAKE SURE THAT THE WAY IT'S WRITTEN
ON PAPER TRANSLATE TO THE STREET THE WAY IT SHOULD BE.
THANK YOU.
MS. CRUZ: THANK YOU.
MR. REILLY: MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER BUTTENSCHON: ON THE BILL.
MR. REILLY: SO AS YOU CAN TELL, THERE'S -- THERE'S A
LOT OF AMBIGUITY HERE AND JUST THE SHEER FACT THAT THERE'S A POSSIBILITY
THAT THE OUTCOME OF EVERYONE RECEIVING FAIR JUSTICE. I'VE JUST EXPLAINED
HOW THIS BILL CAN INTERFERE WITH FROM THE INCEPTION OF FILING AN
ACCUSATORY INSTRUMENT. SO ON ITS FACE, PROSECUTORS MAY NOT BE ABLE TO
FILE THAT ACCUSATORY INSTRUMENT BECAUSE THAT POLICE OFFICER OR LAW
ENFORCEMENT OFFICER THAT RESPONDED AND SPEAKS THAT LANGUAGE AS WELL
BUT IS NOT A CERTIFIED INTERPRETER, IT WOULD BE THROWN OUT. IT WOULDN'T
EVEN REACH THE COURTROOM. THAT'S THE CONCERN THAT I'M TRYING TO RAISE.
AND THOSE SITUATIONS, THE DYING DECLARATION, THE SPONTANEOUS UTTERANCE,
THOSE ARE REAL -- REAL LIFE CASES. AND I SAY IT ALL THE TIME WHEN WE'RE
DISCUSSING THESE BILLS. THE THINGS THAT ARE ON PAPER DO NOT TRANS --
TRANSITION TO THE STREETS OR TO THE COURTROOM THE WAY YOU THINK THEY
WILL.
IT'S TIME TO SLOW DOWN AND ACTUALLY MAKE SURE THAT
WHAT WE WANT TO ACHIEVE IN THIS BODY LANDS THE WAY IT'S SUPPOSED TO.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER BUTTENSCHON: MS. CRUZ.
MS. CRUZ: THANK YOU, MADAM SPEAKER.
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ON THE BILL.
ACTING SPEAKER BUTTENSCHON: ON THE BILL.
MS. CRUZ: SO A LOT HAS BEEN SAID ON THIS FLOOR TODAY
AND I WANT TO MAKE SURE THAT FOLKS UNDERSTAND THE ONLY FILL -- THING THAT
THIS BILL IS DOING IS ADDING A CERTIFICATION FOR A PROCESS THAT ALREADY
EXISTS. THERE'S MANY STATE AGENCIES, LOCALITIES, INCLUDING AS I
MENTIONED BEFORE THE ITHACA POLICE DEPARTMENT AND TOMPKINS COUNTY
GOVERNMENT, ALSO NEW YORK CITY AND MANY OTHER POLICE DEPARTMENTS,
STATE AGENCIES, CITY AGENCIES, HAVE AN INTERPRETATION SYSTEM. THEY
HAVE IT BECAUSE IT'S THE LAW. THE LAW SAYS YOU HAVE TO PROVIDE
INTERPRETATION IN THE TOP 12 LANGUAGES OF YOUR LOCALITY. YOU CAN
CHOOSE UP TO FOUR MORE. THERE'S ALREADY MONEY ALLOCATED TO IT, THERE'S
ALREADY CONTRACTS ENTERED INTO. AND SO ALL OF -- THE -- THIS BILL DOES IS
SAY IF YOU ARE GOING TO USE THE FACTUAL INFORMATION YOU RECEIVED FROM A
DEPONENT, WHETHER IT'S IN A BAR FIGHT, WHETHER IT'S BECAUSE THEY CAME
INTO THE POLICE DEPARTMENT OR YOU CALL THEM TO YOUR HOME, IF WHATEVER
INFORMATION THAT PERSON IS GIVING YOU IS GOING TO RESULT IN A ACCUSATORY
INSTRUMENT THAT COULD THEN LEAD LATER TO AN INDICTMENT BECAUSE
INFORMATION IS TAKEN FROM THE INDIVIDUAL, THEN THAT INFORMATION HAS TO
BE NOT ONLY TRANSLATED BY A -- BUT ACCOMPANIED WITH A DOCUMENT THAT
SAYS THAT THE PERSON WHO MADE THE TRANSLATION/INTERPRETATION NOT ONLY
IS CAPABLE OF DOING THEM, THAT SOMETIMES CAN MEAN THAT IS SOMEONE
WHO IS CERTIFIED AND THAT SOMETIMES CAN MEAN THAT IT'S SOMEONE IN AN
-- IN A SMALL COUNTY WHERE THEY DIDN'T UNFORTUNATELY HAVE ACCESS TO AN
INTERPRETER IN THAT PARTICULAR LANGUAGE THAT HAS THE KNOWLEDGE OF IT.
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NYS ASSEMBLY APRIL 28, 2026
IT WOULD -- IT'S LUDICROUS TO ARGUE IN A STATE LIKE OURS
THAT SPANISH WOULD BE ONE OF THOSE LANGUAGES, BECAUSE I AM TELLING
YOU IF YOU CALL A HOTLINE THAT IS THE TOP LANGUAGE THAT IS AVAILABLE. SO
THERE SHOULD NEVER BE AN INSTANCE WHERE THAT IS WHAT HAPPENS WHEN THE
LANGUAGE IS SPANISH. IF YOU HAVE A LANGUAGE THAT UNFORTUNATELY
SOMETIMES IT TAKES A WEEK TO GET ACCESS TO AN INTERPRETER, YOU OF
COURSE DON'T WANT TO WAIT. WE DON'T WANT LAW ENFORCEMENT TO WAIT.
AND SO TO STAND HERE AND HEAR ARGUMENTS THAT THE REASON WE MAY NOT
WANT THIS BILL IS BECAUSE IT COULD LEAD TO INJUSTICE, WHAT GREATER
INJUSTICE THAN SOMEONE GOING TO THE POLICE, MAKING AN ACCUSATION AND
OFTEN IT TAKES VICTIMS A LONG TIME TO COME FORWARD TO GO AND ACTUALLY
SPEAK TO LAW ENFORCEMENT, ESPECIALLY NOW WHEN THERE'S A LOT OF PEOPLE
WHO ARE SCARED OF LAW ENFORCEMENT, AND THAT BECAUSE WE FAILED TO GET A
SMALL PIECE OF PAPER, A CERTIFICATION, AGAIN THROUGH A SYSTEM THAT IS
ALREADY IN PLACE AND BEING PAID FOR, THE CASE GETS THROWN OUT. WHAT
KIND OF JUSTICE IS THAT? WE DON'T WANT THAT TO BE THE JUSTICE THAT NEW
YORKERS SEE BECAUSE LIKE IT OR NOT, WHETHER THEY SPEAK THE LANGUAGE OR
NOT, THESE ARE NEW YORKERS. THESE ARE PEOPLE THAT LIVE IN OUR
COMMUNITY, THAT ARE PAYING TAXES, THAT ARE CONTRIBUTING AND THAT IF THEY
ARE VICTIMS OF A CRIME SPEAKING A DIFFERENT LANGUAGE SHOULD NOT BE THE
REASON WHY THEY DON'T SEE JUSTICE.
AND I WOULD ARGUE FOR MY COLLEAGUES IN LAW
ENFORCEMENT ON THE OTHER SIDE OF THE AISLE, WHETHER THEY WERE FORMER
PROSECUTORS OR FORMER POLICE OFFICERS, OR OUR JUDGES, THAT THEY SHOULD
AGREE. WE SHOULD WANT WHATEVER DOCUMENT LEADS TO AN INDICTMENT,
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WHATEVER DOCUMENT LEADS TO SOMEBODY BEING CHARGED, WHATEVER
DOCUMENT LEADS TO JUSTICE, SHOULD BE AS ACCURATE AS POSSIBLE BECAUSE
THE LAST THING ANY OF US SHOULD WANT IS SOMEONE WHO COMMITTED A
CRIME GOING FREE. THE LAST THING ANY OF US SHOULD WANT IS SOMEONE
WHO IS A VICTIM NOT GETTING JUSTICE SIMPLY BECAUSE THEIR LANGUAGE WAS
INCONVENIENT TO GET IN A HOTLINE. A HOTLINE THAT AGAIN I WILL REPEAT, IT IS
ALREADY IN PLACE, IT IS ALREADY BEING PAID FOR AND IT IS ALREADY
FUNCTIONING AND BEING USED BY MANY OF YOUR COUNTIES. THERE'S NO
REASON WHY WE SHOULD BE AFRAID TO SIMPLY GET A LITTLE PIECE OF
DOCUMENT THAT LEADS TO ENSURING THAT THAT PERSON WHO COMMITTED A
CRIME IF THEY DID IN FACT COMMIT THE CRIME SEES THE INSIDE OF A
COURTROOM AND GETS THE JUSTICE FOR THE VICTIM THAT THEY DESERVE.
AND SO ALL I'M ASKING IS FOR US TO VOTE IN FAVOR OF A
LAW THAT SIMPLY SAYS, IF SOMEONE DOESN'T SPEAK THE LANGUAGE, THEY
SHOULD GET THE SAME OPPORTUNITY AS THE REST OF US WHEN THEY COME
FORWARD TO SEEK JUSTICE.
THANK YOU.
ACTING SPEAKER BUTTENSCHON: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER BUTTENSCHON: A PARTY
VOTE HAS BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
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REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS BILL. IF THERE ARE
YES VOTES, PLEASE CAST THEM NOW AT YOUR SEATS, MEMBERS. THANK YOU.
ACTING SPEAKER BUTTENSCHON: MR. FALL.
MR. FALL: THANK YOU, MADAM SPEAKER. THE
MAJORITY CONFERENCE WILL SUPPORT THIS LEGISLATION. FOR THOSE THAT
WOULD LIKE TO VOTE DIFFERENTLY, THEY CAN DO SO AT THEIR DESK.
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. REILLY TO EXPLAIN HIS VOTE.
MR. REILLY: THANK YOU, MADAM SPEAKER, TO
EXPLAIN MY VOTE. SO THE INTENT I UNDERSTAND. IT'S A NOBLE INTENT. THE
PROBLEM IS THE PRACTICALITY. NOW, WHAT WAS JUST MENTIONED ABOUT
BEING ABLE TO CALL UP AND GET AN INTERPRETATION AND, YES, SPANISH IS ONE
OF THOSE LANGUAGES THAT THERE'S ALWAYS AN INTERPRETER ON THE PHONE, BUT
THE IDEA THAT A SPONTANEOUS UTTERANCE TO A POLICE OFFICER COULD POSSIBLY
NOT BE INCLUDED IN A DOCUMENT THAT STARTS THE CASE OFF BY AN ACCUSATORY
INSTRUMENT, JUST THE EXPLANATION WAS EXPRESSED THAT, WELL, THEY COULD
CALL UP AND GET IT INTERPRETED. THAT'S THE PROBLEM. REALITY AND WHAT
WE HAVE ON THIS PAPER.
WE CAN FIX IT. YOU COULD PUT A LINE IN THERE THAT
EXCLUDES THAT. HOPEFULLY THE GOVERNOR'S LISTENING, AND IF IT COMES
BEFORE HER DESK AND SHE SIGNS IT, WE WILL DO A CHAPTER AMENDMENT.
OTHERWISE, IT'S A SLIPPERY SLOPE.
I WILL BE VOTING IN THE NEGATIVE.
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THANK YOU, MADAM SPEAKER.
ACTING SPEAKER BUTTENSCHON: MR. REILLY
IN THE NEGATIVE.
(PAUSE)
ACTING SPEAKER BUTTENSCHON: ARE THERE
ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 11, CALENDAR NO. 54, THE CLERK WILL READ
THE CLERK: ASSEMBLY NO. A01441-A, CALENDAR
NO. 54, DINOWITZ, SEAWRIGHT, OTIS, JACOBSON, WEPRIN, ALVAREZ, KAY,
SANTABARBARA, COLTON, KASSAY. AN ACT TO AMEND THE PUBLIC SERVICE
LAW, IN RELATION TO COMPLAINT HANDLING PROCEDURES BY THE PUBLIC
SERVICE COMMISSION.
ACTING SPEAKER BUTTENSCHON: AN
EXPLANATION HAS BEEN REQUESTED.
MR. DINOWITZ.
MR. DINOWITZ: THE BILL ESTABLISHES RESPONSE
REQUIREMENTS TO BUILDING COMPLAINTS MADE BY CONSUMERS, AND EXPANDS
COMPLAINT HANDLING PROCEDURE REQUIREMENTS TO COMMERCIAL ENTITIES.
ACTING SPEAKER BUTTENSCHON: MR.
PALMESANO.
MR. PALMESANO: YES, THANK YOU, MADAM
SPEAKER. WILL THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER BUTTENSCHON: WILL THE
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SPONSOR YIELD?
MR. DINOWITZ: YES, OF COURSE.
ACTING SPEAKER BUTTENSCHON: THE
SPONSOR YIELDS.
MR. PALMESANO: THANK YOU, MR. DINOWITZ.
SURPRISED TO SEE ME?
MR. DINOWITZ: YEAH, ACTUALLY.
MR. PALMESANO: IT'S GOOD TO SEE YOU.
QUICK -- A FEW QUESTIONS. THE GOVERNOR VETOED THIS
BILL A COUPLE YEARS AGO. SHE CITED A FEW DIFFERENT THINGS; ONE, THAT IT
WOULD CREATE A SIGNIFICANT INCREASED WORKLOAD FOR THE COMMISSION
STAFF AND RESULT IN INCREASED EXPENSES TO THE STATE. SHE TALKED ABOUT
TAKING AWAY THE DISCRETION FROM THE PSC. DID YOUR BILL DO ANYTHING TO
ADDRESS THE VETOES THAT THE GOVERNOR MADE?
MR. DINOWITZ: WELL, FIRST, SHE'S -- THE -- THE VETO
MESSAGE WAS INCORRECT IN THEIR ASSERTIONS THAT IT WOULD INCREASE
EXPENSES. IT WAS JUST PLAIN WRONG. BUT ONE THING WE DID DO IS WE DID
MAKE SOME AMENDMENTS TO THE BILL SINCE -- SINCE THE VETO. IT NOW
ALLOWS THE PUBLIC SERVICE COMMISSION DISCRETION, DISCRETION IN
DETERMINING APPEALS THAT WILL BE TAKEN UP BY THE COMMISSION.
MR. PALMESANO: OKAY. IF THE PSC WANTED TO
IMPLEMENT THE CHANGES YOU HAVE IN THIS BILL IF THEY BELIEVED IT WAS
NECESSARY, DEEMED NECESSARY, THEY CAN GO THROUGH A PROCEEDING AND
IMPLEMENT THAT, CORRECT?
MR. DINOWITZ: SAY IT AGAIN.
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MR. PALMESANO: YES, SURE.
MR. DINOWITZ: YOU'RE KIND OF MUMBLING.
MR. PALMESANO: IF THE PSC, WHO HAS THE -- YOU
KNOW, THE AUTHORITY HANDLING COMPLAINT MATTERS AND THINGS OF THAT
NATURE, IF THEY WANTED TO TAKE UP THE LANGUAGE IN THIS BILL AND
IMPLEMENT IT ON THEIR OWN BECAUSE THEY BELIEVED IT WAS NECESSARY TO
ADDRESS A PROBLEM, THEY COULD DO THAT NOW, CORRECT?
MR. DINOWITZ: I WOULD THINK SO, BUT I -- I HAVEN'T
-- I DON'T THINK THE PSC IS KNOWN FOR DOING THINGS THAT THEY SHOULD DO,
BUT DON'T NECESSARILY HAVE TO DO.
MR. PALMESANO: OKAY.
WHEN WE TALKED ABOUT THE -- THE OTHER AREA I WANTED
TO TALK ABOUT, THE OLD BILL, IF I CORRECTLY -- HAD A 90-DAY, LIKE A -- COME
TO A DECISION WITHIN 90 DAYS, BUT THAT WAS REMOVED FROM THIS
LEGISLATION; IS THAT CORRECT?
MR. DINOWITZ: I'D HAVE TO CHECK. I THINK THAT --
(CONFERENCING)
YEAH, THAT -- THAT'S CORRECT.
MR. PALMESANO: HOW COME WE REMOVED THAT
90-DAY PERIOD OF TIME TO LOOK -- GIVE THEM THAT TIME TO DO THE
INVESTIGATION AND COME UP WITH A DECISION, IF THAT WAS WHAT THE PSC
USED NOW?
MR. DINOWITZ: WELL, WE -- WE'VE -- WE'VE TRIED TO
BRING EVERYBODY TOGETHER HERE, BECAUSE I KNOW THAT EVERYBODY HERE
WANTS TO DO THINGS THAT HELP THEIR OWN CONSTITUENTS WITH REGARD TO THE
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RATE, THE BILLS THEY PAY. THEY'RE -- WHICHEVER SIDE OF THE AISLE YOU'RE
ON, I THINK WE'RE ALL ON THE SAME PAGE ON THIS, I HOPE.
MR. PALMESANO: SURE WE ARE.
MR. DINOWITZ: AND WE ALSO WANTED TO ADDRESS
ISSUES THAT THE GOVERNOR RAISED. SO I THINK THAT WE'VE SUCCESSFULLY
DONE ALL OF THAT. AND THIS BILL, I THINK, WILL BE GOOD FOR ALL OF OUR
CONSTITUENTS, ALL OF THE CONSUMERS, AND YET IT SHOULD NOT RESULT IN A
VETO, ASSUMING IT PASSES BOTH HOUSES.
MR. PALMESANO: OKAY. AND JUST TO BE CLEAR, THIS
BILL WOULD INCLUDE ALL UTILITIES; GAS, STEAM, ELECTRIC, CORRECT?
MR. DINOWITZ: YES.
MR. PALMESANO: OKAY. AND IT'S MY
UNDERSTANDING EVEN THOUGH THIS BILL FOCUSES ON BILLING COMPLAINTS, IT
WOULD ALSO COVER ANY OTHER COMPLAINTS, EVEN NON-BILLING ISSUES; IS THAT
CORRECT?
MR. DINOWITZ: IT COULD. BUT, I MEAN, VIRTUALLY
EVERY COMPLAINT IS A BILLING COMPLAINT.
MR. PALMESANO: I HEAR YOU. I MEAN, THAT'S -- THE
PEOPLE WE REPRESENT ARE COMPLAINING ABOUT THEIR BILLS, NO QUESTION
ABOUT IT.
THIS LEGISLATION WOULD ALSO BROADEN THE SCOPE TO
INCLUDE NOT JUST RESIDENTIAL, BUT COMMERCIAL AS WELL; IS THAT CORRECT?
MR. DINOWITZ: YES. BECAUSE WE WANT TO HELP OUR
SMALL BUSINESSES.
MR. PALMESANO: I UNDERSTAND. AND FROM YOUR
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PERSPECTIVE, THIS BILL IS NECESSARY BECAUSE THE PSC HAS FAILED TO -- TO
ENFORCE EXISTING COMPLAINT PROCEDURES, STATUTE AND PROCESS THEY HAVE
IN PLACE NOW?
MR. DINOWITZ: WELL, I DON'T LIKE TO USE WORDS LIKE
"FAILED," BUT I WOULD SAY THAT I DON'T BELIEVE THEY'RE DOING EVERYTHING
THEY COULD DO TO HELP DO THE RIGHT THING AND HELP OUR CONSUMERS AND
CONSTITUENTS AT THE SAME TIME.
MR. PALMESANO: SO THERE'S A TIMEFRAME OF 15
DAYS, SO WALK ME THROUGH. WHAT WOULD BE THE PROCESS? IS -- IS THIS
KIND OF ACCURATE: AN INDIVIDUAL WOULD FILE A COMPLAINT WITH THE PSC.
THE PSC TAKES IT, THEY SEND IT TO THE UTILITY. THE UTILITY WOULD RESPOND
TO IT AND THEN THE UTILITY WOULD DO AN INTERNAL INVESTIGATION, OR THE PSC
DOES THE INTERNAL INVESTIGATION AND THEN SENDS IT BACK TO THE PSC.
HOW WOULD THAT WORK?
MR. DINOWITZ: IT WOULD WORK AS FOLLOWS: I'M JUST
LOOKING AT THE BILL --
MR. PALMESANO: TAKE YOUR TIME. PLENTY OF
TIME.
MR. DINOWITZ: -- TO MAKE SURE I HAVE THE
INFORMATION CORRECTLY.
WELL, ULTIMATELY I GUESS THE UTILITY WOULD HAVE TO
ADDRESS THE ISSUES RAISED BECAUSE IT SAYS HERE THE PROCEEDINGS -- THE
BURDEN OF PROOF SHALL BE ON THE UTILITY CORPORATION OR MUNICIPALITY.
(PAUSE/READING)
YEAH, PROVISIONS FOR THE INVESTIGATION AND FORMAL
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REVIEW AND TO THE APPEAL TO THE COMMISSION IN ITS DISCRETION. YEAH. I
MEAN, THEY BOTH HAVE A -- A ROLE IN DOING THAT. BUT THE POINT IS WE
HAVE 15 DAYS -- IT'S 15 BUSINESS DAYS, BY THE WAY, WHICH IS LONGER THAN
15 DAYS.
MR. PALMESANO: SURE. I AGREE. SO EVEN IN THAT
CONTEXT THEY WOULD HAVE 15 DAYS -- THE UTILITY WOULD HAVE 15 DAYS TO
COMPLETE THEIR INTERNAL INVESTIGATION OR THEY WOULD -- IT WOULD BE 15
DAYS FROM THE TIME THE UTILITY PUTS IT BACK TO THE PSC FOR THE PSC TO
RESPOND TO THAT INVESTIGATION?
MR. DINOWITZ: LET ME CHECK. I BELIEVE THAT THAT
WOULD BE -- THE PSC WOULD HAVE 15 DAYS. IT'S 15 DAYS FROM -- IT'S 15
DAYS FROM THE CONCLUSION OF THE INVESTIGATION, THEY WOULD HAVE TO
INFORM THE COMPLAINANT, THE CONSUMER.
MR. PALMESANO: AND THE -- THE UTILITY WOULD BE
REQUIRED TO PROVIDE -- WHAT WOULD THE UTILITY -- I GUESS FROM READING IT,
THEY HAVE TO PROVIDE DOCUMENTATION AND A WRITTEN INTERPRETATION OF
WHAT THE INVESTIGATION IS --
MR. DINOWITZ: WELL, THEY WOULD CERTAINLY HAVE TO
PROVIDE SOME DOCUMENTATION OR EVIDENCE, YEAH. IT'S VERY EASY FOR
THEM. ALL THEY GOT TO DO IS PUNCH A BUTTON OR TWO ON THE COMPUTER.
MR. PALMESANO: OKAY. IF YOU SAY SO.
MR. DINOWITZ: I DO.
MR. PALMESANO: I -- I -- I KNOW YOU DO. IF -- THE
QUESTION IS, WHEN AN INVESTIGATION TAKES PLACE, IS IT 15 DAYS FROM THE
TIME IT WAS FILED OR WHEN THE INVESTIGATION IS COMPLETE?
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MR. DINOWITZ: WHEN THE INVESTIGATION IS
FINISHED.
MR. PALMESANO: OKAY. NOW, DOES THAT INCLUDE
THE APPEAL PROCESS, ALSO?
MR. DINOWITZ: THE WHAT PROCESS?
MR. PALMESANO: THE APPEAL PROCESS. SO IF THEY
HAVE -- THE UTILITY -- I REMEMBER YOU SAID THAT THE PSC HAS DISCRETION
TO DEAL WITH APPEALS. I KNOW IN THE PAST WHEN WE HAD THIS
CONVERSATION YOU HAD MENTIONED THAT THE APPEAL -- THEY WOULD STILL
HAVE TO PROVIDE THE WRITTEN REPORT EVEN THOUGH IT WOULD STILL BE GOING
THROUGH THE LEGAL PROCESS OF AN APPEAL PROCESS. DOES THIS MEAN NOW
THE APPEAL PROCESS WOULD HAVE TO BE PART OF THAT COMPLETION, OR DOES
THAT REPORT HAVE TO BE FILED BEFORE THE APPEAL PROCESS FINISHES?
BECAUSE IT'S NOT ULTIMATELY FINISHED UNTIL THE APPEAL PROCESS HAS
WORKED ITS WAY THROUGH, CORRECT?
MR. DINOWITZ: WELL, THERE WON'T BE AN APPEAL
UNTIL THERE'S A REPORT. WHAT'S THERE TO APPEAL FROM?
MR. PALMESANO: RIGHT. I UNDERSTAND THAT. BUT
I'M JUST SAYING, THERE'LL -- THERE'LL BE A REPORT AND THEN THERE COULD BE AN
APPEAL OF THAT REPORT. SO YOU HAVE TO HAVE THAT REPORT BEFORE THE
APPEAL TAKES PLACE.
MR. DINOWITZ: WELL, YEAH. I MEAN, 15 -- 15 DAYS
-- THEY HAVE 15 DAYS FROM THE CONCLUSION OF THE INVESTIGATION.
MR. PALMESANO: AND -- AND THE INVEST -- SO IF
SOMEONE WANTS TO -- SAY THE UTILITY, FOR WHATEVER REASON BECAUSE OF
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THINGS OUTSIDE THEIR CONTROL, HAD TO -- WANTED TO APPEAL THAT DECISION,
WHATEVER THAT CAME UP WITH. THAT REPORT WOULD HAVE TO BE FILED EVEN
THOUGH THE APPEAL PROCESS HASN'T WORKED ITS WAY THROUGH; IS THAT
ACCURATE?
MR. DINOWITZ: I BELIEVE THAT'S CORRECT.
MR. PALMESANO: OKAY.
MR. DINOWITZ: AND KEEP IN MIND, BY THE WAY,
THAT EITHER SIDE COULD ALWAYS, IF THEY WANTED TO, I SUPPOSE, GO TO COURT
OVER THESE ISSUES. BUT THAT'S NOT WHAT WE'RE DEALING WITH HERE IN THE
BILL.
MR. PALMESANO: SO ULTIMATELY, ANY COMPLAINT
WOULD LEAD TO AN INVESTIGATION; IS THAT CORRECT?
MR. DINOWITZ: A CONSUMER COMPLAINT COULD LEAD
TO AN INVESTIGATION.
MR. PALMESANO: LIKE, SOMETIMES RIGHT NOW, A
LOT OF TIMES THE PSC, IF A -- IF A -- IF A COMPLAINT COMES IN, THE UTILITY
WOULD CALL AND COMMUNICATE WITH THAT CONSTITUENT OR THAT PERSON VIA
PHONE CALL AND DO THAT. THAT -- THAT'S NOT ALLOWED ANYMORE UNDER THIS
CASE? IF THEY WERE ABLE TO SOLVE IT WITH A PHONE CALL BY SAYING, HEY,
MISS WALSH, HERE'S YOUR PROBLEM. HERE'S OUR RESPONSE BACK. NOW
THEY WOULD HAVE TO PROVIDE A WRITTEN COMMUNICATION TO WHOEVER THAT
PERSON IS; IS THAT CORRECT?
MR. DINOWITZ: WELL, YES. I DON'T KNOW ABOUT
YOU, BUT IF I WAS COMPLAINING AND FILING A COMPLAINT, I WOULD WANT A
WRITTEN RESPONSE. I WOULD WANT EVIDENCE, BASICALLY. I WANT TO SEE IT
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FOR MYSELF. I DON'T JUST WANT A PHONE CALL FROM SOME NAMELESS PERSON
WHO WE MAY NOT EVEN BE ABLE TO TRACK DOWN. SO A WRITTEN RESPONSE I
THINK IS VERY -- SOMETHING WHICH I THINK ALL OF OUR CONSTITUENTS WOULD
WANT.
MR. PALMESANO: I -- I CAN UNDERSTAND THAT
POSITION. BUT I THINK THE MOST IMPORTANT THING IS THE CONSTITUENT WANTS
A RESOLUTION. AND IF THEY -- IF THAT CAN BE EXPLAINED TO THEM IN A PHONE
CALL, IF THEY'RE SATISFIED WITH THEM, IF THAT WOULD SATISFY IT, WOULDN'T THAT
BE ENOUGH? BUT THEN -- IF THEN THEY'RE NOT HAPPY WITH THAT RESPONSE
THEN THERE COULD BE THE APPEAL FROM THE APPEAL, RIGHT?
MR. DINOWITZ: YOU COULD KIND OF BLOW OFF
SOMEBODY MORE EASILY ON THE PHONE, WHEREAS IF YOU HAVE A WRITTEN
EXPLANATION ONE WAY OR THE OTHER THEN YOU HAVE IT. THERE'S NO DENYING
IT, THERE'S NO -- NO GOING BACK OR ANYTHING. I -- I REALLY DON'T THINK IT'S
ASKING TOO MUCH FOR A CONSUMER WHO'S QUESTIONING A BILL TO GET A
WRITTEN RESPONSE.
MR. PALMESANO: OKAY.
MR. DINOWITZ: WHAT'S SO HARD?
MR. PALMESANO: NO, I'M JUST -- JUST ASKING SOME
QUESTIONS, MR. DINOWITZ. I UNDERSTAND WHERE YOU'RE COMING FROM.
MR. DINOWITZ: AND I'M SURE YOU AGREE WITH ME.
MR. PALMESANO: SOME THINGS, MR. DINOWITZ, NOT
ALL OF THEM.
SO FROM READING THE BILL, IT DOES SEEM A BIT VAGUE ON
WHEN THE INVESTIGATION THAT TRIGGERS THE REPORT TO THE CUSTOMER OCCURS.
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FOR EXAMPLE, LET'S SAY IF A UTILITY IS REQUIRED TO PROVIDE MATERIALS OR
DOCUMENTATION, IS THAT CONSIDERED AN INVESTIGATION? JUST FROM ME --
MY PERSPECTIVE IT SEEMS LIKE THERE'S SOME AMBI -- AMBIGUITY BETWEEN
THE INVESTIGATION AND DOCUMENTATION. DO YOU NOT AGREE OR NO?
MR. DINOWITZ: WELL, WHAT -- WHAT LINE ARE YOU
LOOKING AT SPECIFICALLY? BECAUSE I HAVE THE BILL RIGHT HERE.
MR. PALMESANO: YUP.
(PAUSE)
IT WOULD BE -- IT SHALL BE IN WRITING AND PROVIDE ALL
SUPPORTING DOCUMENTATION. SO IS THE DOCUMENTATION, THE WRITTEN --
MR. DINOWITZ: (INDISCERNIBLE/CROSSTALK). WHERE
ARE YOU LOOKING?
MR. PALMESANO: I'M SORRY, I'M LOOKING AT LINE
16, SECTION 43. LINE 16 WHERE IT ASKS DO YOU --
MR. DINOWITZ: OH, I SEE.
MR. PALMESANO: AND THEN IT SAYS"...SHALL BE IN
WRITING AND PROVIDE ALL SUPPORTING DOCUMENTATION." SO --
MR. DINOWITZ: THAT'S NOT VAGUE.
MR. PALMESANO: WELL, I'M JUST SAYING. IS THE
INVESTIGATION A DOCUMENTATION OR IS IT BOTH? DO YOU HAVE TO APPLY THE
INVESTIGATION WITH THE DOCUMENTATION?
MR. DINOWITZ: IT SAYS"... SHALL BE IN WRITING AND
PROVIDE ALL SUPPORTING DOCUMENTS." I MEAN, I DON'T KNOW HOW ELSE TO
SAY THAT EXCEPT WHAT IT SAYS. IT SHALL BE IN WRITING, PROVIDE ALL
SUPPORTING DOCUMENTATION.
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MR. PALMESANO: OKAY. DOES THE BILL IN HERE
CLEARLY OUTLINE WHEN THE INVEST -- WHAT THE INVESTIGATION CONSISTS OF
AND WHEN IT SHALL BE CONSIDERED OVER?
MR. DINOWITZ: THE INVESTIGATION --
MR. PALMESANO: DOCUMENTATION IN 15 DAYS.
MR. DINOWITZ: IF -- IF THE CONSUMER IS
COMPLAINING ABOUT A BILL, THEN I DON'T KNOW THAT THIS LEGISLATION HAS TO
SPECIFICALLY SAY WHAT HAS TO BE IN THE INVESTIGATION. IT'S PRETTY CLEAR TO
ANY REASONABLE PERSON THAT THE INVESTIGATION WOULD PERTAIN TO THE BILL.
SO WHATEVER DOCUMENTATION THE UTILITY MIGHT HAVE, THEY MAY SAY,
OKAY, YOU USED X-NUMBER OF HOURS AT WHATEVER THE COST WAS, AND YOU
MULTIPLE IT AND YOU GET A NUMBER. NOW, IF THE CONSUMER IS SAYING, NO,
I WASN'T HOME FOR -- FOR A MONTH, AND THE ONLY ELECTRICITY GOING OUT OF
MY HOUSE WAS MY FRIDGE. SO, I MEAN, THERE ARE -- THERE ARE MANY
DIFFERENT SCENARIOS WE'RE TALKING ABOUT. BUT THE BOTTOM LINE IS, THE
UTILITY COMPANY CAN PRODUCE DOCUMENTATION WHICH WOULD CLEAR UP
WHETHER OR NOT -- WHETHER THE BILL WAS CORRECT OR NOT.
MR. PALMESANO: SURE.
SO YOU DON'T -- IS IT YOUR POSITION THAT THIS BILL DOESN'T
DUPLICATE SOME OF THE PROCESS WE ALREADY HAVE IN PLACE, RIGHT?
BECAUSE YOU'RE OBVIOUSLY DOING THIS BILL BECAUSE YOU THINK THERE NEEDS
TO BE CHANGES.
MR. DINOWITZ: I THINK THIS BILL SIGNIFICANTLY
IMPROVES THE PROCESS THAT'S IN PLACE, AND I ALSO THINK THAT -- FIRST OF ALL,
I THINK PEOPLE ARE ENTITLED, AS I SAID, TO HAVE -- HAVE SOMETHING IN
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WRITING. I THINK THAT WOULD TEND TO INCREASE THE RESPONSIVENESS TO
COMPLAINTS, ABOUT, YOU KNOW, RATES, ABOUT BILLS. ABOUT RATE INCREASES,
FOR THAT MATTER. AND I -- I THINK BY MANDATING THAT THEY DO THINGS IN A
CERTAIN WAY, ULTIMATELY I THINK IT'S GOING TO SAVE PEOPLE MONEY. AND I
DON'T THINK THE COST OF, AS I SAID, PUNCHING THAT BUTTON AND GETTING A
WRITTEN RESPONSE IS SO EXCESSIVE. IN ANY OTHER KIND OF BUSINESS, PEOPLE
-- YOU KNOW, PEOPLE GET WRITTEN RESPONSES. WHY SHOULD IT BE ANY
DIFFERENT HERE?
MR. PALMESANO: ALL RIGHT. SINCE OBVIOUSLY THIS
INVOLVES THE PSC, HAVE YOU HAD ANY CONSULTATION WITH THE PSC TO
DISCUSS THIS TO SEE IF IT'S NECESSARY OR BENEFICIAL TO THE PROCESS? HAVE
THEY BEEN ABLE TO COMMUNICATE ON THAT WITH YOU? HAVE YOU HAD ANY
COMMUNICATION WITH THEM OR JUST -- JUST DOING THE BILL?
MR. DINOWITZ: NO, I HAVE NOT BEEN IN
COMMUNICATION WITH THEM.
MR. PALMESANO: RELATING TO THE PENALTY
STRUCTURE, RIGHT NOW THE PSC ALREADY HAS THE AUTHORITY TO LEVY PENALTIES
AGAINST UTILITIES IF THEY DON'T FILE -- FILE IN A TIMELY RESPONSE, CORRECT?
MR. DINOWITZ: WELL, WE HAVE A SPECIFIC PENALTY
STRUCTURE HERE. TOWARDS THE BOTTOM OF THE BILL IT SAYS, FAILURE BY THE
UTILITY OR IN ITS POWER TO PROVIDE A RESPONSE AS CALLED FOR HERE, THE
PENALTY IS $100 PER BUSINESS DAY FOR EACH BUSINESS DAY THAT EXCEEDS
THE INITIAL 15 BUSINESS-DAY PERIOD FOR UTILITY CORPORATIONS, OR $25 PER
BUSINESS DAY FOR EACH BUSINESS THAT EXCEEDS THE INITIAL 30-DAY BUSINESS
DAY PERIOD FOR MUNICIPALITIES. SO IT'S SPELLED OUT VERY CLEARLY HERE.
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MR. PALMESANO: OKAY. SO IN THAT NOTE -- I
MEAN, AND WE TALKED ABOUT HOW THE PSC -- YOU SAID THE PSC HAS
DISCRETION NOW TO DEAL WITH APPEALS. DO THEY HAVE -- DOES -- WILL THE
PSC HAVE DISCRETION IN THE APPLICATION OF A PENALTY TO ACCOUNT FOR IF
THERE ARE EXTENUATING CIRCUMSTANCES THAT THE UTILITY MIGHT HAVE IN NOT
ANSWERING IN A TIMELY BASIS? WILL THE PSC HAVE DISCRETION IN DEALING
WITH THAT PENALTY OR IS IT BASICALLY BY THE BOOK WHAT IT SAYS?
MR. DINOWITZ: I -- I DON'T SEE ANYTHING IN THIS BILL
THAT SAYS THAT. BUT YOU KNOW WHAT? WE -- THERE ARE DEADLINES. WE ALL
HAVE TO COMPLY WITH DEADLINES.
MR. PALMESANO: NOT IN THIS HOUSE, OBVIOUSLY,
WITH THE BUDGET BEING LATE. BUT THAT'S OKAY.
MR. DINOWITZ: WELL, MAYBE NOT. BUT WE, AS
INDIVIDUALS, HAVE TO COMPLY WITH DEADLINES. IF YOU GET A PARKING TICKET
YOU GET 30 DAYS, FOR EXAMPLE, TO PAY IT OR TO -- TO CONTEST IT. AND IF
YOU IGNORE IT AFTER 30 DAYS, THEN PENALTIES ARE TACKED ON. AND THERE
ARE SO MANY DIFFERENT EXAMPLES OF -- OF THINGS LIKE THAT. YOU HAVE TO
DEAL WITH DEADLINES. I BELIEVE THAT. AS INDIVIDUALS THAT'S WHAT WE HAVE
TO DO. I WISH COLLECTIVELY WE'D BE ABLE TO DO THAT A LITTLE BETTER.
MR. PALMESANO: I UNDERSTAND THAT. DEADLINES
ARE GOOD FOR SOME PEOPLE, BUT NOT GOOD FOR OTHERS.
MY QUESTION, DOES THIS ALSO APPLIES [SIC] -- THIS CAN
ALSO APPLY TO MUNICIPALITIES; IS THAT CORRECT?
MR. DINOWITZ: YES.
MR. PALMESANO: OKAY. AND IS THERE ANY
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CONCERN FROM YOUR PERSPECTIVE THAT THIS REALLY -- YOU KNOW, WITH
HAVING TO RESPOND SO QUICKLY THAT THEY'RE GONNA PRIORITIZE SPEED OVER
THE LEGIT -- LEGITIMACY OF THE COMPLAINTS AND KEEPING THEM
(INDISCERNIBLE) AGAIN BECAUSE THIS AFFECTS OUR MUNICIPALITIES?
MR. DINOWITZ: I -- I DON'T HAVE THOSE CONCERNS.
MR. PALMESANO: OKAY. DO YOU THINK THAT -- AND
I KNOW YOUR -- YOU -- YOUR PERSPECTIVE IS IT'S NOT GONNA COST -- PROPOSE
MORE OF A BURDEN ON UTILITIES OR ON THE PSC? BUT, YOU KNOW,
OBVIOUSLY THERE'S GONNA BE SOMETHING INVOLVED IN THIS. ARE YOU
CONCERNED THAT REQUIRING MORE WRITTEN NOTIFICATION ON EVERY SINGLE
COMPLAINT FOR A BILLING ISSUE OR A NON-BILLING ISSUE -- BECAUSE AS YOU
SAID, IT COULD BE FOR NON-BILLING ISSUES BUT YOU DIDN'T THINK IT WOULD
HAPPEN FOR THAT. BUT ANY COMPLAINT COULD HAPPEN. SO THESE ARE COSTS
THAT ARE -- THE UTILITIES ARE GONNA INCUR. THEN THAT'S -- THOSE ARE COSTS
THEY'RE GONNA TRY TO RE -- RECOUP. SO ISN'T IT TRUE THAT THIS COULD
OBVIOUSLY BE PUT BACK ON THE RATEPAYER TO PAY ADDITIONAL UTILITY COSTS
ON TOP OF IT TO PAY FOR THIS ADDITIONAL REQUIREMENTS EVEN THE GOVERNOR
SAID IS NOT NECESSARY?
MR. DINOWITZ: WELL, I -- I DON'T PITY THE UTILITY
COMPANIES, AND I DON'T THINK MOST OF OUR CONSTITUENTS DO, EITHER. AND
TO WHATEVER EXTENT THE UTILITY COMPANY HAS TO DO ANYTHING, IT'LL -- IT'LL
BE A BENEFIT TO THE CONSUMER IF IT MEANS THEIR BILL GETS ADJUSTED IN THEIR
FAVOR. SO I WOULD THINK THAT THIS WHOLE THING WILL BE A SAVINGS TO
CONSUMERS. I HOPE, I HOPE THAT -- I KNOW ON A LOT OF BILLS THERE'S A
PARTY VOTE AND EVERYTHING. BUT I WOULD HOPE ON SOMETHING -- WHEN IT
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COMES TO UTILITY RATES AND -- AND UTILITY BILLS THAT WE WOULD ALL BE
TOGETHER ON THIS, AND I -- AND I WOULD HOPE THE GOVERNOR WOULD AS
WELL. WE'RE TRYING TO FIGHT FOR CONSUMERS HERE, FOR OUR CONSTITUENTS.
AND THE UTILITY, YEAH, I SUPPOSE UTILITY COMPANIES ARE SOMEBODY'S
CONSTITUENT, BUT THEY'RE NOT MY PRIMARY CONCERN. NOT AGAINST THEM,
THEY'RE JUST NOT MY PRIMARY CONCERN.
MR. PALMESANO: NO, I -- I UNDERSTAND THAT. AND
I -- I WOULD, I GUESS, ON THAT POINT THE MORE MANDATES THAT WE PUT ON
THE UTILITY COMPANY, THE MORE REQUIREMENTS WE PUT ON THE UTILITY
COMPANY, THE MORE WE REQUIRE THEM TO BUY GREEN ENERGY, WELL, THAT'S
MANDATES THAT WE'RE PUTTING ON THE UTILITY COMPANY. BUT OFTEN THAT'S
GONNA BE BORNE BY --
MR. DINOWITZ: ARE YOU DIVERTING FROM THIS BILL
RIGHT NOW?
MR. PALMESANO: I DON'T THINK -- PEOPLE ARE
COMPLAINING -- WE'RE ABOUT BILLING COMPLAINTS. PEOPLE ARE
COMPLAINING ABOUT THEIR UTILITY BILL, SO IT'S ALL RELEVANT AND GERMANE, I
WOULD THINK, FOR THIS CONVERSATION. I'M NOT DIVERTING AT ALL, I DON'T
BELIEVE, BUT (INDISCERNIBLE) --
MR. DINOWITZ: IT SOUNDS LIKE A DIVERSION TO ME.
MR. PALMESANO: NOT A DIVERSION AT ALL, MR.
DINOWITZ. IT JUST SOUNDS LIKE AN ISSUE YOU REALLY DON'T WANT TO DISCUSS.
THAT'S OKAY.
RELATIVE TO THESE INCREASED RESPONSIBILITIES, LIABILITIES,
THE DOCUMENTATION REQUIREMENTS, CAN YOU REALLY EXPLAIN HOW THIS BILL
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WILL ACTUALLY LEAD TO ENERGY AFFORDABILITY AND RELIABILITY GOALS?
MR. DINOWITZ: REPEAT THE LAST PART AGAIN?
MR. PALMESANO: SURE. GIVEN THE FACT THAT
THERE'S GONNA BE INCREASED RESPONSIBILITIES, DOCUMENTATION
REQUIREMENTS, CAN YOU SAY HOW THIS BILL IS ACTUALLY GONNA HELP LEAD TO A
BROADER ENERGY AFFORDABILITY AND RELIABILITY GOALS THAT ARE -- ARE
REQUIRED TO BE MET?
MR. DINOWITZ: YES. I -- I THOUGHT I KIND OF WENT
INTO THAT ALREADY. IF THE UTILITY COMPANY HAS TO PROVIDE DOCUMENTATION
AS TO HOW THEY CAME UP WITH A BILL, IN SOME CASES THE DOCUMENTATION IS
GOING TO SHOW THAT THE BILL IS TOO HIGH AND, THEREFORE, THAT PARTICULAR
UTILITY CONSUMER WILL SAVE MONEY.
MR. PALMESANO: OKAY.
MR. DINOWITZ: LOWER COSTS.
MR. PALMESANO: ALL RIGHT, MR. DINOWITZ. I DO
APPRECIATE YOUR TIME, AS ALWAYS.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. PALMESANO: YES, MADAM SPEAKER AND MY
COLLEAGUES. THIS LEGISLATION I THINK IS NOT NECESSARY; ONE, TOO, WE
KNOW THAT THE GOVERNOR VETOED THIS BILL, SAYING -- BRINGING OUT
CONCERNS ABOUT COST REQUIREMENTS TO THE PSC. NOT, YOU KNOW,
DISCRETIONARY REQUIREMENTS. NO CHANGES, AS THE SPONSOR SAID, TO
ADDRESS THE CONCERNS OF THE GOVERNOR. IT SEEMS TO IMPOSE NEW RIGID
REQUIREMENTS ON UTILITIES RESPONDING TO CUSTOMER COMPLAINTS. THE
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EXISTING PSC PROCESS REALLY ALREADY PROVIDES A STRUCTURED AVENUE FOR
COMPLAINT RESOLUTION INCLUDING ESCALATION, DOCUMENTATION AND
REGULATORY OVERSIGHT, AS WELL AS MECHANISMS FOR CUSTOMERS TO ACCESS
COMPLAINT FILES AND SEEK FURTHER REVIEW.
WE TALKED ABOUT THE HEARING PROCESS. IT SAYS THERE'S
DISCRETION OVER THE PSC, BUT IT -- THE HEARING PROCESS DOESN'T -- THE
PROCESS ISN'T OVER UNTIL THE HEARING PROCESS, THE APPEAL PROCESS
FINISHES. SO NOW THEY'RE GONNA HAVE TO REPORT -- THERE'S GONNA BE
REPORT -- DOCUMENTATION MADE BEFORE THAT PROCESS TAKES PLACE. I THINK
WE'RE ADDING ADDITIONAL INFLEXIBLE REQUIREMENTS WHICH COULD CREATE
SOME CONFUSION DUE TO AMBIGUOUS LANGUAGE, WHICH WE TALKED ABOUT,
ABOUT WHEN THE INVESTIGATION BEGINS AND ENDS. WE COULD POSSIBLY
OVERWHELM EVEN CUSTOMERS WITH UNNECESSARY DOCUMENTATION WHEN
THEY'RE JUST TRYING TO GET A -- A SIMPLE ANSWER.
IMPOSING ADDITIONAL BURDENS ON THE UTILITIES CERTAINLY
WILL AND CAN -- CAN AND WILL BE PASSED ON TO THE RATEPAYER BECAUSE THE
MORE WE BURDEN OUR BUSINESSES WITH REGULATIONS, WHETHER IT'S UTILITIES,
THAT'S GONNA GET PASSED ON. AND IT SEEMS LIKE ALSO IF WE'RE PENALIZING
UTILITIES -- AND I KNOW WE ALWAYS SAY WE'RE NOT WORRIED ABOUT THE
UTILITIES -- BUT SOME OF THESE SITUATIONS ARE OUTSIDE THEIR CROLL -- CONTROL.
AND IT SEEMS THAT WE'RE WORRIED ABOUT REMOVING THE DISCRETION FROM
THE PSC ON EXTENUATING CIRCUMSTANCES, WHICH I BROUGHT UP.
I'M JUST CONCERNED THIS WILL LEAD TO HIGHER COSTS TO OUR
UTILITIES, WHICH WILL BE PASSED ON TO THE RATEPAYERS WHO ARE ALREADY
OVERBURDENED WITH SOME OF THE HIGHEST UTILITY RATES IN THE COUNTRY.
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YOU KNOW, OBVIOUSLY, THE GREEN MANDATES OF -- THIS HOUSE HAS PASSED
ON THEM AS COSTS. AND WHEN WE TALK ABOUT COSTS, THE COMPLAINTS THAT
WE'RE HEARING FROM OUR -- OUR PEOPLE BACK AT HOME -- I KNOW THIS IS
ABOUT A COMPLAINT BILL -- IS THE COST OF THEIR UTILITY BILL, AND THE COSTS
ARE SUBSTANTIAL. I MEAN, FROM THE GREEN MANDATE THAT WE PUT IN THERE
WE'RE LOOKING AT OVER -- NEARLY HALF-A-TRILLION DOLLARS, MORE THAN A
QUARTER-OF-A-TRILLION DOLLARS.
WE LOOK AT THE -- WHAT THE RESIDENTIAL ELECTRICITY RATE
WAS YEARS AGO, IT'S NOW 50 PERCENT HIGHER THAN IT IS [SIC] THEN BECAUSE
OF POLICIES. A MEMO FROM THE OWN ADMINISTRATION CAME OUT SEVERAL
WEEKS AGO SAYING IF WE DON'T MAKE CHANGES -- I KNOW WE WANT TO HAVE
A COMPLAINT PROCESS -- BUT IF WE DON'T MAKE CHANGES, THOSE COMPLAINTS
ARE GONNA CONTINUE TO RISE SUBSTANTIALLY IF WE DON'T MAKE ANY DELAYS OR
CHANGES TO THE CLIMATE PLAN BECAUSE IT WILL INCREASE COSTS FOR HOME
HEATING BY MORE THAN $4,000 ANNUALLY. IT WILL INCREASE COSTS FOR A
GALLON OF GAS BY MORE THAN $2.23 A GALLON ABOVE AND BEYOND WHAT IT IS
RIGHT NOW. IT WILL INCREASE THE PRICE OF DIESEL BY MORE THAN $2.41 A
GALLON ABOVE AND BEYOND WHAT IT IS RIGHT NOW. IT WILL INCREASE UTILITY
COSTS FOR OUR COMMER -- SMALL- AND MEDIUM-SIZED COMMERCIAL
BUSINESSES. NOW, BUSINESSES ARE A PART OF THIS SO THEY'RE GONNA WANNA
BE COMPLAINING ABOUT THAT. WE'RE ALREADY HEARING IT. IT WILL INCREASE
THOSE COSTS, UTILITY COSTS FOR THOSE SMALL- AND MEDIUM-COMMERCIAL-
SIZED BUSINESSES BY UP TO 46 PERCENT, DEPENDING ON THE UTILITY AND SIZE
OF THE FACILITY. IT WILL ALSO INCREASE DELIVERY TRUCK OPERATIONS BY MORE
THAN 60 PERCENT. SO WHAT DOES THAT MEAN? HIGHER FOOD COSTS, HIGHER
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HOUSING COSTS BECAUSE YOU HAVE LUMBER THAT'S BEING SHIPPED. AND
REMEMBER, 96 PERCENT OF OUR GOODS ARE SHIPPED BY TRUCK.
WHEN WE TALK ABOUT COMPLAINTS, OUR UTILITY BILLS, THE
ASSESSMENTS, THE TAXES, FEES AND ASSESSMENTS ARE NYSERDA, WHO PUT
OUT THAT MEMO, IS SITTING ON OVER $2.4 BILLION IN RATEPAYERS FUNDS RIGHT
NOW THAT THEY'VE COLLECTED FROM OUR RATEPAYERS TO PAY FOR THESE GREEN
ENERGY MANDATES. WHY AREN'T WE PROVIDING DIRECT RATEPAYER RELIEF
RIGHT NOW? JUST A COUPLE OF WEEKS AGO WE PASSED A BILL FROM MY
COLLEAGUE THAT WOULD ALLOW NYSERDA TO -- TO REBATE BACK TO PEOPLE
IF THEY BUY AN ELECTRIC -- OR BUSINESSES IF THEY BUY AN ELECTRIC LAWN
MOWER AND ELECTRIC WEEK WHACKER, SUBSIDIZED BY THE RATEPAYER. IF YOU
TALK TO YOUR RATEPAYERS AND YOU ASK THEM, DO YOU WANT YOUR UTILITY BILL
TO GO UP MORE TO PAY FOR SOMEONE'S ELECTRIC LAWN MOWER OR ELECTRIC
WEED WHACKER, THEY'RE GONNA TO SAY, NO. I WANT DIRECT RATEPAYER RELIEF
RIGHT NOW.
THAT $2.4 BILLION HAS BEEN SITTING THERE IN THEIR
COFFERS. THEY CAN RELIEVE AND PROVIDE THAT RELIEF RIGHT NOW. OUR TAXES,
FEES, ASSESSMENTS AND SURCHARGES, WHICH MAKE -- CAN MAKE UP IN SOME
CASES MORE THAN 20 PERCENT OF OUR UTILITY BILL, TO PAY FOR GREEN
PROGRAMS, WE SHOULD BE SUSPENDING THAT. YOU KNOW, WITH THIS BUDGET
DEBATE THAT WE'RE TALKING ABOUT, I KNOW THE CLIMATE ACTIONS ARE BEING
TALKED ABOUT. THESE ARE THINGS WE CAN DO AS PART OF THIS BUDGET TO
PROVIDE DIRECT RATEPAYER RELIEF RIGHT NOW. AGAIN, THOSE TAXES, FEES AND
ASSESSMENTS ADD UP TO MORE THAN -- UP TO 20 PERCENT OF THE BILL
SOMETIMES. LET'S SUSPEND THAT FOR A WHILE. WE DON'T NEED MORE TAXES,
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FEES AND ASSESSMENT. LET'S GET THAT DIRECT RATEPAYER RELIEF RIGHT NOW.
IT JUST SEEMS ONE THING AFTER ANOTHER. AND IN JUST --
IT'S ALL PART OF MISPLACED PRIORITIES. I UNDERSTAND WHAT THE SPONSOR'S
TRYING TO DO. I'M DELVING. AND TALKING ABOUT COMPLAINTS ABOUT BILLING.
AND THEN, YOU KNOW, WE HAVE LEGISLATION ALSO THAT WAS INTRODUCED
RECENTLY THAT WOULD ALLOW FOR INDIVIDUALS WHO AREN'T GETTING PAID
BECAUSE OF THE STATE BUDGET TO GET A -- NOT HAVE TO PAY THEIR UTILITY BILL
AND NOT HAVE TO PAY FEES. AND THE ONLY ONES WHO ARE NOT GETTING PAID
IS THE LEGISLATURE. SO THAT JUST SEEMS KIND OF OUT OF TOUCH WITH WHAT'S
GOING ON OUR CONSTITUENTS ARE FACING BACK AT HOME BY HOW A PIECE OF
LEGISLATION LIKE THAT GETS INTRODUCED TO HELP US OUT WHEN THE PEOPLE
WE'RE SERVING BACK AT HOME ARE TO THE BRINK WITH THESE RISING UTILITY
COSTS THAT ARE HURTING THEM EACH AND EVERY DAY BECAUSE OF THE POLICIES
THAT HAVE BEEN IMPLEMENTED IN THIS HOUSE. THE GOVERNOR AND OTHERS
MAY SAY WE'RE -- ALL-OF-THE-ABOVE APPROACH OR AFFORDABLE ENERGY, BUT
THE POLICIES DON'T MATCH THE WORDS. ALLS YOU HAVE TO DO IS LOOK AT THE
LIST OF POLICIES THAT HAVE BEEN IMPLEMENTED SINCE THE CLCPA.
ALL-ELECTRIC BUILDINGS. ALL-ELECTRIC SCHOOL BUSES. CAP-AND-INVEST.
ACT REGULATION. ADVANCED CLEAN CAR [SIC] RESO -- REGULATIONS. ONE
THING AFTER ANOTHER. THIS IS CAUSING A BIG PROBLEM FOR OUR FAMILIES, OUR
SENIORS, OUR VETERANS. INDIVIDUALS ON FIXED INCOMES AND OUR BUSINESS
COMMUNITY. AND WHEN YOU TALK ABOUT OUR BUSINESS COMMUNITY, I
KNOW BUSINESSES ARE NOW PART OF THIS COMPLAINT PROCESS, WHEN YOU
TALK TO THEM ABOUT ENERGY COSTS, THEY CARE ABOUT TWO THINGS:
AFFORDABLE AND RELIABLE. AND IF THEY CAN'T GET AFFORDABLE AND RELIABLE
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ENERGY HERE IN NEW YORK STATE, THEY ARE GONNA ELSEWHERE AS THEY ARE
ALREADY DOING.
SO BASED ON, YOU KNOW, THE POINTS THAT I'VE RAISED AND
OTHER ISSUES I WILL BE VOTING IN THE NEGATIVE ON THIS BILL AND I URGE
SOME OF MY COLLEAGUES TO JOIN ME IN THAT VOTE. THANK YOU VERY MUCH,
MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON 90TH DAY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF
LEGISLATION. BUT IF THERE ARE YES VOTES TO BE CAST, YOU MAY DO SO NOW AT
YOUR SEATS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. FALL.
MR. FALL: THANK YOU, MADAM SPEAKER. THE
MAJORITY CONFERENCE WILL SUPPORT THIS PIECE OF LEGISLATION. FOR THOSE
THAT WOULD LIKE TO VOTE DIFFERENTLY, THEY CAN DO SO HERE IN THE
CHAMBER.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
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ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. FALL.
MR. FALL: MADAM SPEAKER, CAN WE NOW TAKE ON --
OR TAKE UP CALENDAR NO. 67 ON PAGE 12 BY MS. ROSENTHAL, AND
CALENDAR NO. 77 ON PAGE 14 BY MR. COLTON?
ACTING SPEAKER HUNTER: THANK YOU.
PAGE 12, CALENDAR NO. 67, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01740-A, CALENDAR
NO. 67, ROSENTHAL, SIMON, GALLAGHER, GLICK, SHIMSKY, REYES, CRUZ,
LEVENBERG, WALKER, TAYLOR, RAGA, DE LOS SANTOS, WEPRIN, LAVINE,
OTIS. AN ACT TO AMEND THE PUBLIC BUILDINGS LAW, IN RELATION TO
PROVIDING ACCESS TO MENSTRUAL PRODUCTS IN TOILET FACILITIES IN CERTAIN
PUBLIC BUILDINGS.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MS. ROSENTHAL.
MS. ROSENTHAL: THE BILL REQUIRES THAT FREE
MENSTRUAL PRODUCTS BE AVAILABLE IN ALL FEMALE-DESIGNATED AND GENDER-
NEUTRAL RESTROOMS IN STATE-OWNED OR LEASED PUBLIC BUILDINGS.
ACTING SPEAKER HUNTER: MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
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YIELD?
MS. ROSENTHAL: YUP.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MS. WALSH: THANK YOU VERY MUCH. SO JUST A FEW
QUESTIONS ON THIS ONE. AS ALWAYS, I'M DELIGHTED TO TALK TO YOU ABOUT
MENSTRUAL PRODUCTS ON THE FLOOR OF THE ASSEMBLY. I GUESS --
MS. ROSENTHAL: SO AM I.
MS. WALSH: YOU ARE, TOO. THAT'S AWESOME. OKAY.
SO, ONE OF MY QUESTIONS HAS TO DO -- I SAW THAT WE
WERE IN AN A-PRINT, AND IT LOOKED AS THOUGH THE DEFINITION OF A COVERED
PUBLIC BUILDING WAS AMENDED. COULD YOU JUST RUN THROUGH WHAT THE
NEW DEFINITION IS FOR COVERED PUBLIC BUILDING?
MS. ROSENTHAL: SURE. ONE SECOND.
(PAUSE)
OKAY. YEAH, WE DIDN'T CHANGE THE DEFINITION. WE
CHANGED THE EFFECTIVE DATE.
MS. WALSH: OH, JUST THE EFFECTIVE DATE WAS
CHANGED.
MS. ROSENTHAL: YEAH.
MS. WALSH: OH, OKAY. OKAY. WELL, LET'S TAKE A
LOOK AT WHAT COVERED PUBLIC BUILDING IS TALKING ABOUT, BECAUSE THAT'S
REALLY WHERE MY QUESTION IS. SO PAGE 1, LINE 19 OF THE BILL, IT SAYS THAT
COVERED PUBLIC BUILDINGS SHALL MEAN A PUBLIC BUILDING OWNED OR LEASED
BY THE STATE OF NEW YORK UNDER THE SUPERVISION AND CONTROL OF THE
COMMISSIONER OF GENERAL SERVICES THAT IS DETERMINED BY SUCH
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COMMISSIONER TO BE OPEN TO THE PUBLIC. SO, DO WE HAVE A LIST YET OF
WHAT -- HOW MANY BUILDINGS THERE ARE AND WHAT THOSE BUILDING ARE,
HOW MANY?
MS. ROSENTHAL: YES. THERE ARE 22 FACILITIES.
MS. WALSH: THERE ARE 22. SO THAT'S ALREADY BEEN
DETERMINED, WHICH IS FANTASTIC, BY --
MS. ROSENTHAL: YES.
MS. WALSH: OKAY. OKAY. NOW, DOES THAT LIST OF
22 -- BECAUSE MY QUESTION REALLY HAD TO DO WITH LET'S SAY A BUILDING IS
AN OFFICE BUILDING, BUT IT'S TECHNICALLY OPEN SO THAT THE PUBLIC CAN COME
IN BUT THAT THE -- WOULD YOU STILL HAVE TO COMPLY WITH THIS PROVISION
EVEN IF NO PUBLIC-FACING TASKS OR INTERACTIONS ARE MEANT TO TAKE PLACE
IN THE BUILDING?
MS. ROSENTHAL: IT IS -- IT IS NOT MEANT FOR
BUILDINGS THAT ARE CLOSED TO THE PUBLIC. SO IT'S JUST LIMITED TO THESE 22.
MS. WALSH: JUST THE 22. OKAY.
MS. ROSENTHAL: YES.
MS. WALSH: OKAY. AND HOW MUCH DO WE THINK
THAT THIS MIGHT COST?
MS. ROSENTHAL: I DON'T KNOW, BUT WE DON'T ASK
HOW MUCH TOILET PAPER COSTS. WE DON'T ASK HOW MUCH SOAP COSTS. WE
DON'T ASK HOW MUCH TOWELS COST. AND, YOU KNOW, WOMEN WHO HAVE
THEIR MONTHLY BLEED NEED PADS AND TAMPONS AND LINERS AND WHATEVER IT
IS THAT THEY NEED TO COPE WITH A BIOLOGICAL NEED.
MS. WALSH: SO, IN OTHER WORDS, YOU'RE BASICALLY
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SAYING IT DOESN'T -- IT DOESN'T MATTER HOW MUCH IT COST.
MS. ROSENTHAL: NO, I'M NOT SAYING THAT, BUT I'M
ALSO SAYING THAT WE VOTED SOME YEARS AGO TO PROVIDE FREE MENSTRUAL
PRODUCTS IN SHELTERS, CORRECTIONAL SETTINGS, AND IN SCHOOLS GRADE 6
THROUGH 12 THROUGHOUT THE STATE. SO THIS IS JUST CONFORMING THE 22
PUBLIC BUILDINGS MANAGED BY OGS TO THE REST OF THE LAW CONCERNING
MENSTRUAL PRODUCTS.
MS. WALSH: OKAY. VERY GOOD. THANK YOU VERY
MUCH.
MS. ROSENTHAL: THANK YOU.
MS. WALSH: APPRECIATE IT. THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH
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.
PAGE 14, CALENDAR NO. 77, THE CLERK WILL READ.
THE CLERK: ASSEMBLY -- ASSEMBLY NO. A01994,
CALENDAR NO. 77, COLTON, RIVERA, CRUZ, DESTEFANO, HYNDMAN,
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WILLIAMS, TAYLOR, JACOBSON, SEAWRIGHT, BENDETT. AN ACT TO AMEND THE
VEHICLE AND TRAFFIC LAW, IN RELATION TO PARKING INFRACTIONS.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MR. COLTON.
MR. COLTON: YES, OF COURSE, MADAM SPEAKER.
THIS BILL AMENDS THE VEHICLE AND TRAFFIC LAW TO ALLOW CERTAIN
DEFENSES IN PARKING TICKETS DESPITE THE ENTRY OF A DEFAULT JUDGMENT.
ACTING SPEAKER HUNTER: MR. MOLITOR.
MR. MOLITOR: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. COLTON: YES, OF COURSE.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. MOLITOR: THANK YOU. WHY IS THIS BILL
NECESSARY?
MR. COLTON: I THINK IT'S NECESSARY FOR A COUPLE OF
REASONS: ONE IS A DUE PROCESS. WHENEVER A STATE AGENCY OR SOMEONE
IMPOSES A FINE OR A PENALTY, THE PERSON WHO IS BEING SUBJECTED TO THAT
NEEDS TO KNOW THERE'S GOING TO BE DUE PROCESS, THAT THE -- THE
COMPLAINT -- THE SUMMONS HAS BEEN PREPARED CAREFULLY, AND THAT THEY
HAVE ENOUGH INFORMATION SO THEY COULD ADEQUATELY DEFEND IT. THERE'S
ALSO A MATTER THAT WHEN PEOPLE, PARTICULARLY OUR CONSTITUENTS, ARE GIVEN
A NOTICE, THEY SOMETIMES WILL RECEIVE A NOTICE IN THE MAIL AND THEY
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NYS ASSEMBLY APRIL 28, 2026
DIDN'T FIND ANYTHING ON THEIR CAR. BUT THEY GET A NOTICE IN THE MAIL
SAYING THAT THEY ARE BEING FINED $35, $100, THERE'S VARIOUS LEVEL OF
FINES, BECAUSE THEY PARKED SOMEWHERE THEY SHOULDN'T AND THEY DON'T
REMEMBER PARKING THERE. THEY DIDN'T FIND ANY NOTICE ON THEIR CAR.
AND IF THE NOTICE THAT THEY GET HAS INCORRECT INFORMATION ON IT -- LIKE AS
TO THE DATE OR LIKE AS TO WHAT CAR IT WAS THAT WAS SUPPOSEDLY TICKETED
BECAUSE THEY DIDN'T FIND THE TICKET, OR THE ADDRESS, THE LOCATION WHERE
THE TICKET WAS APPARENTLY ISSUED -- THEN IT MAKES IT VERY DIFFICULT FOR
THEM TO DEFEND THEMSELVES AGAINST THAT PARTICULAR TICKET WHICH WAS
INCORRECTLY -- INCORRECTLY WRITTEN.
MR. MOLITOR: SO I JUST WANT TO UNPACK SOME OF
THAT. SO THIS BILL WOULD ALLOW JUDGES TO MAKE THE DETERMINATION BY
THEMSELVES AS TO WHETHER A TICKET WAS ILLEGIBLE OR NOT?
MR. COLTON: IT -- IT WOULD BE A DECISION THAT
WOULD BE MADE WHEN THEY SAW CERTAIN INFORMATION WAS NOT THERE OR
NOT CORRECT.
MR. MOLITOR: AND THEY COULD MAKE THAT RIGHT AT
THE VERY BEGINNING OF THE CASE WHEN THE CHARGE IS FILED?
MR. COLTON: IT COULD EVEN BE MADE BEFORE A CASE
IS BROUGHT.
MR. MOLITOR: OKAY. AREN'T YOU A LITTLE BIT
CONCERNED, MAYBE IN THE SLIGHTEST, THAT WE'RE GIVING JUDGES TOO MUCH
POWER TO DO WHAT THEY THAT WANT WITHOUT REALLY ANY -- YOU USED THE
WORDS "DUE PROCESS". BUT DON'T YOU THINK IT'S BETTER THE WAY IT IS RIGHT
NOW WHERE A DEFENDANT BRINGS THE DEFENSE AND THEN THE OTHER SIDE GETS
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NYS ASSEMBLY APRIL 28, 2026
TO MAYBE BRING AN OPPOSING ARGUMENT AND THEN THE JUDGE GETS TO MAKE
THE DECISION THAT WITH ALL THE INFORMATION AVAILABLE, THE JUDGES CAN
MAKE A BETTER DECISION? AND AT THE SAME TIME WE CAN ENSURE THAT
THOSE TRAFFIC VIOLATIONS THAT ARE GOOD ARE GOING FORWARD AND THOSE THAT
AREN'T ARE JUST GETTING DISMISSED.
MR. COLTON: WELL, I THINK THE LAW IS VERY CLEAR
THAT IF THE TICKET CONTAINS CENTRAL WRONG INFORMATION, IF THE INFORMATION
IS OMITTED OR IF IT'S WRONG, THEN THE TICKET SHOULD BE DISMISSED. AND,
YOU KNOW, WHY ARE WE FORCING SOMEONE TO GO THROUGH THE ANXIETY --
AND IT MIGHT BE A SENIOR CITIZEN, YOU KNOW, WHO GETS THIS TICKET -- AND
-- AND HAS TO COME TO MY OFFICE, WHICH HAS HAPPENED MANY TIMES. SO
NOW WE'VE GOT TO GO AND PUT IN AN ANSWER TO THE TICKET AND WE DON'T
EVEN KNOW FOR SURE IF THE DATA'S MISSING WHEN IT HAPPENED. SO HOW DO
YOU DEFEND A TICKET WHEN YOU DON'T KNOW WHEN SUPPOSEDLY YOU'RE
ACCUSED OF -- OF DOING THIS?
MR. MOLITOR: WELL, THAT IS --
MR. COLTON: SO I -- I THINK WHEN THE LAW IS CLEAR
ON THE POINT THEN WE'RE NOT ASKING THE JUDGE TO MAKE A DECISION IN
TERMS OF, YOU KNOW, IS SOMEBODY TELLING THE TRUTH OR NOT TELLING THE
TRUTH. WE'RE ASKING A DECISION TO BE MADE WHEN THE INFORMATION THAT IS
REQUIRED TO BE ON THAT TICKET IS MISSING OR ILLEGIBLE OR IT IS WRONG.
MR. MOLITOR: BUT AS IT STANDS RIGHT NOW, THAT
DEFENSE HAS TO BE BROUGHT BY THE DEFENDANT, THE ONE CHARGED WITH THE
TRAFFIC VIOLATION.
MR. COLTON: THAT'S CORRECT.
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NYS ASSEMBLY APRIL 28, 2026
MR. MOLITOR: AND BY CHANGING THE LAW AND
PUTTING IT IN THE HANDS OF A JUDGE TO DO WITH WHATEVER THEY WANT TO DO,
YOU COULD HAVE ONE PART OF YOUR DISTRICT -- FOR EXAMPLE, YOU COULD
HAVE ONE JUDGE WHO THROWS OUT ALL TICKETS THAT APPEAR TO THAT JUDGE TO
BE ILLEGIBLE, AND ANOTHER JUDGE WHO DOESN'T THROW OUT ANY OF THEM.
AND SO YOU'RE CREATING -- YOU'LL BE CREATING DIFFERENT STANDARDS WITHIN
YOUR OWN DISTRICT BASED UPON THE JUDGE INSTEAD OF BASED UPON THE BODY
OF LAW THAT CURRENTLY EXISTS ACROSS ALL OF NEW YORK STATE.
MR. COLTON: WELL, I WILL TELL YOU THAT IT IS NOT
NECESSARY EVEN FOR A JUDGE TO MAKE THIS DECISION IF, IN FACT, THE
INFORMATION IS MISSING. WHEN -- WHEN THE AGENCY LOOKS AT THE TICKET
AND THEY GET READY TO SEND OUT THE NOTICES, IF THERE'S NO ADDRESS OR
LOCATION OF WHERE THE TICKET WAS ISSUED, IF THERE IS NO DESCRIPTION OF THE
CAR OR IF THERE IS -- IF THERE IS NO DATE ON IT, OR IF THE DATE -- AND -- AND
THIS HAS BEEN SHOWN TRUE WITH MANY, MANY TICKETS ISSUED IN NEW YORK
CITY IN PREVIOUS YEARS -- THE DATE WAS -- HAD THE WRONG YEAR. SO YOU'LL
HAVE A TICKET ISSUED IN THE FUTURE. OBVIOUSLY, THAT CANNOT GO FORWARD.
AND -- AND YOU'RE SAVING THE -- THE CONSUMER, THE CONSTITUENT, THE
PERSON TO HAVE TO GO THROUGH THE NEED OF ANSWERING THAT TICKET WHEN
IT'S OBVIOUS YOU DON'T HAVE -- IT'LL ACTUALLY SAVE A LOT OF TIME FOR THE
COURT.
MR. MOLITOR: WELL, IF IT'S NOT THE COURT THAT'S
MAKING THE DECISION, WHAT AGENCY ARE YOU TALKING ABOUT WOULD MAKE
THAT DECISION?
MR. COLTON: IT WOULD BE PROB -- IT WOULD BE
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WHOEVER MAKES THE DECISIONS NOW. IT WOULD PROBABLY BE EITHER OATH
OR IT WOULD BE THE DEPARTMENT -- THE PROSECUTING AGENCY; MOTOR
VEHICLES, PARKING VIOLATIONS.
MR. MOLITOR: BUT THE WAY -- THE WAY IT WORKS
RIGHT NOW, AN OFFICER WHO -- WHO FILES A TRAFFIC VIOLATION WOULD FILE THAT
WITH THE COURT, AND THAT'S THE BEGINNING OF A -- OF A PROCEEDING. IT
WOULDN'T GET TO A PROSECUTING AGENCY OR TO ANYBODY ELSE UNTIL IT GOES TO
THE COURT FIRST. SO THE WAY IT WOULD WORK -- THE WAY YOUR LAW WOULD
APPLY IS IT WOULD GO TO THE COURTS AND IT WOULD BE ON THE COURTS TO
DISMISS THESE CHARGES. IN FACT, I EVEN THINK IN YOUR BILL MEMO YOU
MENTIONED GIVING THE JUDGES DISCRETION TO DISMISS THESE TICKETS, YOU
USED THE WORDS SUA SPONTE, WHICH MEANS ALONE, WITHOUT ANY SORT OF
PROCESS AT ALL. SO THAT'S, I GUESS, WHERE I'M CONFUSED. IF IT'S NOT THE
COURTS, WHO IS IT?
MR. COLTON: WHEN A TICKET IS WRITTEN OUT BY A
TRAFFIC OFFICER, THE TICKET IS THEN -- THE TICKET IS THEN SUBMITTED TO THE
AGENCY THEY REPRESENT, AND -- WHICH WOULD BE PROBABLY IN NEW YORK
CITY THE PARKING VIOLATIONS BUREAU. AND THEN IF THEY SEE -- AND THEN
THEY WOULD THEN SUBMIT THE TICKET TO THE -- THE COURT, WHICH WOULD BE
VERY OFTEN ADMINISTRATIVE ARBITRATOR OR A JUDGE. IT WOULDN'T NECESSARILY
BE A CIVIL COURT JUDGE. THEY WOULD SUBMIT IT TO WHOEVER DEALS WITH --
WHO ADJUDICATES THOSE TICKETS. AND IF THEY SEE THAT THE TICKET IS
MISSING INFORMATION AND THAT IT CAN'T POSSIBLY GO FORWARD, THEN THEY
WOULD SAVE A LOT OF TIME AND MONEY BY SIMPLY DISMISSING IT AT THAT
POINT.
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MR. MOLITOR: SO THE PARKING VIOLATIONS BUREAU
WOULD HAVE THIS POWER TO SUA SPONTE GET RID OF TICKETS?
MR. COLTON: IF WOULD BE -- IF THERE'S A CENTRAL
PIECE OF INFORMATION MISSING, YES. THEY KNOW THEY CAN'T GO FORWARD.
THE LAW SAYS IF IT'S MISSING THESE PIECES OF INFORMATION, IT MUST BE
DISMISSED. SO ALL YOU'RE DOING IS YOU'RE CUTTING OUT THE NEED TO SEND
NOTICES TO THE PERSON THAT YOU HAVE A COURT DATE OR THEY HAVE A CERTAIN
PERIOD OF TIME WHEN THEY HAVE TO ANSWER THIS TICKET, AND YOU WOULD
SAVE THAT ADMINISTRATIVE WORK. SO IT ACTUALLY WOULD BE CUTTING DOWN
ON THE NUMBER OF CASES IN MANY INSTANCES.
MR. MOLITOR: SO -- AND I AGREE WITH YOU, CUTTING
DOWN THE NUMBER OF CASES THAT ARE DEFICIENT WOULD BE A GOOD IDEA.
AND THIS SEEMS TO BE -- YOU MENTIONED SOME CONSTITUENTS IN YOUR
DISTRICT. THIS SEEMS TO MAYBE BE A LOCAL ISSUE. DO YOU THINK THIS --
ARE -- ARE YOU AWARE OF THIS HAPPENING IN OTHER JURISDICTIONS ACROSS THE
STATE?
MR. COLTON: I THINK THAT IT CERTAINLY HAPPENS WITH
CONSTITUENTS -- IF IT HAPPENS IN MY DISTRICT IT'S PROBABLY GONNA HAPPEN
IN OTHERS. NOW, IN SOME JURISDICTIONS IT MAY HAPPEN MORE THAN IN
OTHER JURISDICTIONS. IN A CONGESTED AREA WHERE THERE'S A LOT OF PARKING
PROBLEMS, WHERE THERE'S A LOT OF PARKING REGULATIONS, IT'LL PROBABLY
HAPPEN IN THOSE AREAS MORE THAN IN OTHER AREAS. BUT IT REALLY DOESN'T
PREJUDICE ANYONE WITH THIS KIND OF A LAW, BECAUSE WHAT IT DOES IS IT
PREVENTS UNNECESSARY LITIGATION GOING INTO WHOEVER'S GONNA HAVE TO
MAKE THE DECISION. AND IT'S OBVIOUS ON THE FACE OF IT. IF IT'S MISSING A
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TYPE OF CARD, IF IT'S MISSING A DATE THAT IT WAS ISSUED, IF THE DATE ISSUED
IS IN THE FUTURE, IT'S OBVIOUS YOU CAN'T GO AHEAD WITH THAT. IT'S GONNA
GET DISMISSED. SO WHY HAVE TO GO THROUGH THE -- THE ADMINISTRATIVE
BURDEN OF HAVING SOMEBODY PUT IN AN ANSWER OR GO TO COURT AND GET
AGGRAVATED AND FRUSTRATED? WHY NOT NIP IT RIGHT IN THE BUD AND SAY,
THIS TICKET, ON ITS FACE, IS DEFECTIVE ACCORDING TO THE LAW?
MR. MOLITOR: AND YOU WOULD AGREE -- I'M
ASSUMING YOU WOULD AGREE THAT THE -- THE PARKING LAWS, THE VEHICLE
AND TRAFFIC LAWS SHOULD BE ENFORCED AS LONG AS THE TICKET IS ELIGIBLE --
OR LEGIBLE, RIGHT?
MR. COLTON: YES, ABSOLUTELY I WOULD AGREE THAT,
YOU KNOW, PARKING LAWS, ALL LAWS SHOULD BE ENFORCED. BUT IF IT'S ON ITS
FACE DEFECTIVE, THEN I DON'T THINK WE SHOULD PUT THE CONSTITUENT THROUGH
THE -- THE ADMINISTRATIVE BURDEN AND THE TIME AND THE ANXIETY OF HAVING
TO GO THROUGH A PROCEEDING WHEN IT'S NOT NECESSARY. IT HAS TO BE
DISMISSED. AND I THINK IT'S UNFAIR. IT'S A VIOLATION OF DUE PROCESS IF YOU
HAVE, SAY, A SENIOR CITIZEN WHO DOESN'T HAVE THE TIME OR THE ABILITY TO
ANSWER IT TO HAVE TO GO THROUGH FURTHER STRESS AND JUST PAYS THE TICKET,
EVEN THOUGH ON ITS FACE IT WAS DEFECTIVE. I DON'T THINK THAT'S DUE
PROCESS. I THINK WE SHOULD TREAT EVERYONE EQUALLY, NO MATTER WHAT
DISABILITIES OR DISADVANTAGES THAT THEY MAY HAVE IN SIMPLY NOT WANTING
TO GO THROUGH THE -- THE PROCESS OF HAVING TO USE A COMPUTER TO ANSWER
IT, IF -- IF THE LOCALITY PERMITS THAT, OR HAVING TO GO DOWN TO A PARKING
VIOLATIONS BUREAU OR DMV SITE IF THE LOCALITY PERMITS THAT AND HAVE TO
ANSWER IT IF IT ON ITS FACE IT'S DEFECTIVE
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MR. MOLITOR: SO IN -- IN MY -- IN MY COUNTY, ALL
OF THE TRAFFIC TICKETS ARE DONE BY AN ELECTRONIC TICKET PRINTER. AND FROM
WHAT I UNDERSTAND NOW, MOST POLICE AGENCIES ARE USING THOSE, PARKING
VIOLATION AGENCIES ARE USING THOSE. I DON'T LIVE IN THE CITY, BUT FROM
WHAT I UNDERSTAND THAT MAYBE IS STARTING TO HAPPEN NOW. THERE'S MORE
OF THESE ELECTRONIC TICKETS. IF EVERYONE JUST SWITCHES TO AN ELECTRONIC
TICKET MACHINE, THEN THIS LAW WOULD BE UNNECESSARY, WOULDN'T YOU
AGREE?
MR. COLTON: WHAT I HAVE FOUND WITH COMPUTERS
AND ELECTRONIC MACHINES, THEY'RE NOT TOTALLY ACCURATE. THINGS HAPPEN.
THEY MALFUNCTION. AND OUR CONSTITUENTS SHOULD NOT, YOU KNOW, BE THE
VICTIM OF SOMETHING THAT IS MALFUNCTIONING AND THAT THEY DIDN'T DO AND,
YOU KNOW, BE MADE TO ANSWER IT. SOMETIMES, YOU KNOW, THE PAPER
GETS TORN, IT DOESN'T COME OUT RIGHT. THE INFORMATION IS NOT THERE. AND
IT -- AND -- AND PARTICULARLY, IN THIS PARTICULAR KIND OF SITUATION, BECAUSE
VERY OFTEN WHEN THE TICKET IS NOT ACCURATELY PRINTED OUT, IT DOESN'T END
UP ON THE CAR. I FIND A LARGE NUMBER OF CONSTITUENTS COMING TO ME --
MR. MOLITOR: HOW DO YOU PROVE THAT?
MR. OTIS: -- WITH THIS PROBLEM. THE TICKET WAS
NEVER ON THEIR CAR.
MR. MOLITOR: WELL, THAT -- WOULDN'T ANYBODY SAY
THAT THAT WANTED TO GET OUT OF A TRAFFIC TICKET? I NEVER GOT IT. THAT'S THE
BEST DEFENSE, ISN'T IT?
MR. COLTON: THAT'S NOT THE DEFENSE. THE DEFENSE
IS IT WASN'T PROPERLY FILLED OUT AND THAT MAY BE THE REASON WHY THEY
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NEVER GOT IT.
MR. MOLITOR: WELL, HOW DO YOU KNOW IT'S NOT
PROPERLY FILLED OUT IF YOU NEVER GOT IT?
MR. COLTON: THAT THE'S POINT, YOU CAN'T.
MR. MOLITOR: OKAY.
MR. COLTON: THAT'S WHY IF IT'S NOT PROPERLY FILLED
OUT, IF IT'S MISSING A DATE OR A TYPE OF CAR OR AN ADDRESS WHERE IT
HAPPENED, THAT TICKET HAS TO BE DISMISSED.
MR. MOLITOR: SO YOU'RE -- SO YOU'RE SAYING THAT
PEOPLE SHOULDN'T HAVE TO RESPOND WHEN THEY GET TICKETS IF IT'S POSSIBLE
THAT THE TICKET IS DEFICIENT IN SOME WAY, SHAPE, OR FORM, MAYBE EVEN
BEYOND THE INTENT OF THIS LEGISLATION?
MR. COLTON: NO. I'M SAYING THAT IF THE TICKET ON
ITS FACE IS DEFECTIVE, THEN THE PERSON -- IT SHOULD BE DISMISSED WITHOUT
HAVING THE PERSON TO RAISE THAT DEFENSE AND GO TO THE COURT AND GO TO
WHATEVER INCONVENIENCE IT MAY BE TO RAISE SUCH A DEFENSE. WE'RE
DEALING SOMETIMES WITH SENIOR CITIZENS. WE'RE DEALING SOMETIMES WITH
PEOPLE WHO DON'T READ THE SAME LANGUAGE. THEY MAY HAVE A DIFFICULTY.
THERE MAY BE AN OBSTACLE IN THEM PUTTING IN A DEFENSE. SO WHAT I'M
SAYING IS, IF THE TICKET LACKS CERTAIN REQUIRED INFORMATION, AND THAT
INFORMATION IS STATED BY THE LAW, THIS IS NOT ARBITRARY. IT SAYS -- THE LAW
SAYS RIGHT NOW -- THE CURRENT LAW SAYS, IF CERTAIN INFORMATION IS MISSING
LIKE THE DATE THAT THE INCIDENT OCCURRED OR LIKE THE TYPE OF CAR OR -- OR
LIKE THE LOCATION WHERE THE TICKET -- THESE ARE ESSENTIAL THINGS IN ORDER
TO BE ABLE TO DEFEND AGAINST SUCH A CHARGE. IF THAT INFORMATION IS NOT
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ON THERE, THE CONSTITUENT SHOULD NOT BE REQUIRED TO GO THROUGH THE
TROUBLE OF PUTTING IN A DEFENSE.
MR. MOLITOR: OKAY. SO LET ME ASK YOU --
MR. COLTON: (INDISCERNIBLE). THE INFORMATION IS
MISSING, AND IT'S VERY SIMPLE: SIMPLY DISMISS THE TICKET SUA SPONTE.
MR. MOLITOR: SO LET ME ASK YOU THIS QUESTION:
LET'S SAY THE DEFICIENT INFORMATION WAS THE TYPE OF CAR. LET'S SAY THE
OFFICER FAILED TO PUT IN THE TYPE OF CAR ON THE TICKET, AND THEN THEY
SUBMITTED THE TICKET TO -- I DON'T KNOW WHAT YOU CALLED IT, THE PARKING
VIOLATIONS BUREAU. WHEN THE PARKING VIO -- WHEN THE PARK, LET'S SAY
-- AH, THIS IS A BAD EXAMPLE. LET ME USE A DIFFERENT EXAMPLE. LET'S SAY
THAT THE OFFICER PUT A -- THE MAKE AND MODEL OF SOME -- OF -- OF
WHATEVER CAR THEY THOUGHT WAS -- THAT VIOLATED THE PARKING LAWS, RIGHT,
AND THAT'S DEFICIENT BECAUSE THEY PUT THE WRONG ONE. AND THEN THAT
TICKET GOES TO THE PARKING VIOLATIONS BUREAU. HOW'S THE PARKING
VIOLATIONS BUREAU --
ACTING SPEAKER HUNTER: WERE YOU TAKING
YOUR SECOND 15?
MR. MOLITOR: I WILL, YES. THANK YOU.
ACTING SPEAKER HUNTER: OKAY. THANK YOU.
MR. MOLITOR: HOW WILL THE PARKING VIOLATIONS
BUREAU KNOW THAT THAT INFORMATION IS DEFICIENT?
MR. COLTON: IF THE INFORMATION IS ON THE TICKET,
THAT TICKET IS NOT GOING TO BE DISMISSED. THAT WOULD END UP GETTING
DISMISSED IF THE PERSON HAD TO PUT IN A DEFENSE AND SAY, THAT'S NOT MY
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CAR.
MR. MOLITOR: BUT ISN'T THAT -- BUT WHAT IF THEY'RE A
SENIOR CITIZEN AND THEY CAN'T GET THERE TO PUT IN A DEFENSE?
MR. COLTON: WE'RE TRYING TO IMPROVE THE LAW AS
BEST WE CAN. WE SHOULD NOT UNNECESSARILY BURDEN CONSTITUENTS IF WE
CAN AVOID DOING THAT. AND IF THE INFORMATION REQUIRED TO BE ON THERE IS
WRONG, THEN IT MAY HAVE TO TAKE A COURT APPEARANCE OR AN APPEARANCE
BEFORE A -- AN ARBITRATOR TO PROVE IT'S WRONG. YOU MAY HAVE TO SUBMIT
YOUR REGISTRATION OF YOUR CAR. BUT EVEN THAT ISN'T PROOF THAT IT'S WRONG
BECAUSE YOU MIGHT HAVE BEEN DRIVING SOMEBODY ELSE'S CAR. THIS LAW
DOESN'T SAY -- THIS LAW SAYS TICKETS MUST BE DISMISSED WHEN THE
INFORMATION IS MISSING OR MISDESCRIBED [SIC]. AND IF IT HAS NO DATE, IT
HAS TO BE DISMISSED. IF IT HAS A FUTURE DATE; THE TICKET WAS ISSUED IN '26
AND THEY PUT DOWN '29.
MR. MOLITOR: RIGHT.
MR. COLTON: CAN'T PREDICT A VIOLATION IN THE
FUTURE. OBVIOUSLY IT HAS TO BE DISMISSED.
MR. MOLITOR: WOULDN'T THE BEST WAY TO AVOID THE
INCONVENIENCE OF GETTING THE -- A PARKING VIOLATION IS TO JUST AVOID
BREAKING THE VEHICLE AND TRAFFIC LAW?
MR. COLTON: THEY MAY -- THEY MAY HAVE NOT
VIOLATED THE LAW BECAUSE THE DATE IS WRONG, WHEN -- WHEN ONE THING IS
WRONG.
MR. MOLITOR: WAIT A SECOND, WAIT A SECOND. IF
I'M -- IF I'M PARKED ILLEGALLY AND THE OFFICER WRITES DOWN THE WRONG
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INFORMATION, IT'S NOT THAT I DIDN'T COMMIT AN OFFENSE. IT'S JUST THAT THE
OFFICER SCREWED UP ON THE TICKET. I MEAN, IT'S NOT LIKE, IT'S NOT LIKE, YOU
KNOW, THE OFFICER TRANSPOSES ONE NUMBER AND ALL OF A SUDDEN IT'S
SOMEBODY ELSE THAT COMMITTED THE PARKING VIOLATION. IT'S STILL ME.
MR. COLTON: THE FAILURE TO PUT THE CORRECT
INFORMATION USUALLY IS AN INDICATOR THAT THE TICKET WAS NOT PROPERLY
MADE OUT AND THAT THERE'S A STRONG POSSIBILITY THAT THAT PERSON IS NOT THE
ONE THAT THE TICKET SHOULD HAVE BEEN ISSUED TO. AND -- AND THAT'S ALL
WE'RE SAYING. IT'S NOT -- YOU KNOW, FOR EXAMPLE, SUDDENLY YOU GET A
TICKET. ON AUGUST 28TH YOU GET A NOTICE. NO TICKET WAS EVER FOUND ON
YOUR CAR. AND IT SAYS THAT YOU PARKED AT A CERTAIN LOCATION, AND THAT
LOCATION IS NOWHERE NEAR WHERE YOU'VE EVER BEEN. THAT TICKET, YOU
KNOW, BASICALLY IF IT'S IN ANOTHER --
MR. MOLITOR: THEN I WOULD HAVE A GREAT DEFENSE.
MR. COLTON: -- THEN YOU MIGHT HAVE TO ANSWER
THAT. BUT IF THE INFORMATION IS MISSING, IT DOESN'T HAVE THE LOCATION,
YOU CAN'T ANSWER IT. HOW CAN YOU DEFEND THAT? IF THE DATE IS MISSING.
WE'RE NOT TALKING ABOUT QUESTIONS OF WHERE SOMEBODY, YOU KNOW, IS
TRYING TO GETTING AWAY BECAUSE CERTAIN INFORMATION IS -- IS -- THEY TRY TO
DISPUTE IT. THEY'RE TRYING TO MAKE IT UP. NO. HERE IS A MISSING DATE.
NO DATE. YOU CAN'T DEFEND THAT. HOW DO YOU DEFEND IT? YOU DON'T
KNOW WHAT DATE YOU WERE ACCUSED OF PARKING THERE. THE LOCATION IS
MISSING. YOU DON'T KNOW WHAT -- WHAT PLACE YOU'RE ALLEGED -- YOU'RE
BEING ACCUSED OF PARKING. YOU CAN'T DEFEND THAT KIND OF TICKET.
MR. MOLITOR: AND YET -- WELL --
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MR. COLTON: AND, THEREFORE JUSTICE, DUE PROCESS
REQUIRES THAT IF THE REQUIRED INFORMATION IS NOT THERE, THEN THAT TICKET
SHOULD BE DISMISSED AND YOU SHOULDN'T HAVE TO GO THROUGH THE PROBLEM
AND THE BURDEN OF GOING TO A HEARING. OR EVEN IF IT'S ON THE COMPUTER,
MANY SENIORS CAN'T USE THE COMPUTERS VERY EFFECTIVELY. SO THEY WOULD
MORE BE INCLINED TO SAY, I'M JUST GONNA PAY THAT TICKET BECAUSE I DON'T
KNOW HOW TO DEFEND IT. AND -- AND THAT IS WRONG. AND -- AND AS THE
PEOPLE'S HOUSE HERE, WE WANT TO AVOID PEOPLE SUFFERING THAT KIND OF AN
INJUSTICE. IT MIGHT BE A SMALL INJUSTICE, BUT SMALL INJUSTICES IS [SIC]
WHAT MAKES PEOPLE FEEL THAT GOVERNMENT DOESN'T CARE ABOUT THEM, AND
WE WANT TO SHOW THAT WE DO CARE ABOUT THEM.
MR. MOLITOR: THANK YOU, MR. COLTON.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MOLITOR: SO I -- I THINK THIS IS MAYBE A -- A
HYPER-LOCAL ISSUE THAT WE ARE ADDRESSING HERE FOR SOME OF THE SPONSOR'S
CONSTITUENTS WHO MAYBE DON'T WANT TO ABIDE BY THE VEHICLE AND TRAFFIC
LAW. AND I DON'T THINK WE NEED TO CHANGE THE ENTIRE BODY OF STATE LAW
IN ORDER TO -- IN ORDER TO MAKE THIS SITUATION BETTER FOR THE SPONSOR'S
DISTRICT OR THE PEOPLE IN THE SPONSOR'S DISTRICT.
FIRST OF ALL, I THINK IT'S A NON-ISSUE. MOST PLACES, IF
THEY'RE NOT ALREADY USING THEM, ARE GOING TO BE USING THEM; ELECTRONIC
TICKETS SO WE WON'T HAVE ILLEGIBLE TICKETS ANYMORE. AND SO TECHNOLOGY
IS CATCHING UP. AND SECOND OF ALL, I THINK PUTTING THIS AMOUNT OF
POWER IN THE HANDS OF A -- OF A REGULATORY AGENCY OR JUDGES WHO, YOU
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KNOW, SIT ON THE BENCH FOR LONG TERMS OR FOR LIFE IS GONNA CREATE A HUGE
PROBLEM. YOU'RE GONNA HAVE TICKETS DISMISSED PRETTY MUCH FOR NO
REASON WHATSOEVER. YOU WON'T BE ABLE TO CHALLENGE THEM AT ALL. AND
THAT'S NOT THE WAY OUR SOCIETY WORKS. WE'RE A SOCIETY OF LAWS. AND
MAYBE YOU THINK IT'S REALLY NOT THAT BIG OF A DEAL EXCEPT WHEN YOU'RE IN
THE CITY AND YOU'RE DOUBLE-PARK -- SOMEONE'S DOUBLE-PARKED YOU,
YOU'RE REALLY GONNA WISH THAT THE -- THE VEHICLE AND TRAFFIC LAW WAS
ENFORCED. BUT, YOU KNOW, IF THE TICKET BLEW AWAY, I GUESS IT WON'T BE.
SO, YOU KNOW, I DON'T KNOW. I DON'T REALLY KNOW WHAT
TO MAKE OF THIS -- THIS BILL. BUT FOR ALL THOSE REASONS I WOULD ENCOURAGE
MY COLLEAGUES TO VOTE NO ON THIS BILL AND I'LL BE VOTING NO AS WELL.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. DURSO.
MR. DURSO: THANK YOU, MADAM SPEAKER. WOULD
THE SPONSOR YIELD FOR TWO OR THREE QUICK QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. COLTON: YES, ABSOLUTELY.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. DURSO: SO, MR. COLTON, JUST WHEN YOU WERE --
DISCUSSING THIS BILL WITH MY COLLEAGUE, YOU SAID IF SOMEONE RECEIVED
THE TICKET BUT THEY DON'T HAVE IT ON THEIR CAR, RIGHT? WOULD THAT BE
GROUNDS FOR A DISMISSAL OF THE TICKET?
MR. COLTON: NO. THAT WOULD BE AN ISSUE OF FACT.
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IF, IN FACT, THE -- THE PERSON WHO GOT THE TICKET, YOU KNOW, WAS ABLE TO
SOMEHOW FIND A -- A WITNESS WHO -- IN ANOTHER BLOCK IN ANOTHER
NEIGHBORHOOD -- WHO SAW THE AGENT PUTTING A TICKET ON A DIFFERENT CAR,
BUT HOW DO YOU PROVE THAT? THAT'S VERY UNLIKELY.
MR. DURSO: I'M JUST ASKING IF --
MR. COLTON: IF THE TICKET IS NOT ON THE CAR, WHAT
HAPPENS IS YOU'LL GET A NOTICE FROM THE PARKING VIOLATIONS THAT A TICKET
HAS BEEN ISSUED TO YOU ON THIS -- AND IT HAS THE COPY OF THE TICKET,
WHICH IS THE DATE, THE LOCATION OF WHERE THE TICKET WAS ISSUED, THE KIND
OF -- THE CAR -- THE MAKE AND MODEL OF THE CAR THAT THE TICKET WAS
PLACED ON, AND YOU'LL HAVE THAT NOW IN YOUR HAND. OR IT'LL HAVE A TICKET
WHICH HAS THE INFORMATION MISSING. IF THE INFORMATION IS MISSING, IT
SHOULD NEVER HAVE BEEN SENT OUT TO YOU TO DEFEND --
MR. DURSO: OKAY.
MR. COLTON: -- BECAUSE IT'S -- IT'S MISSING.
MR. DURSO: BUT -- WELL, YOU JUST MENTIONED IF THEY
PUT THE TICKET ON ANOTHER CAR. IT'S PROBABLY NOT MY TICKET.
MR. COLTON: THAT'S CORRECT.
MR. DURSO: SO WHY WOULD I DEFEND A TICKET THAT'S
NOT MINE?
MR. COLTON: HUMAN BEINGS MAKE MISTAKES.
COMPUTERS MAKE MISTAKES.
MR. DURSO: SO YOU'RE SAYING FOR THE PERSON THAT
RECEIVED THE TICKET ON THEIR CAR THAT MAY HAVE BEEN MINE, THEY
SHOULDN'T GET THAT TICKET? I AGREE.
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MR. COLTON: THE PERSON WHO WAS ILLEGALLY PARKED
SHOULD HAVE GOTTEN THE TICKET.
MR. DURSO: OKAY.
MR. COLTON: BUT THERE'S -- IF THERE'S NO
INFORMATION ON IT, IF THE DATE IS MISSING, IF THE LOCATION THE TICKET WAS
ISSUED IS MISSING, IF THE MAKE AND MODEL OF THE CAR IS MISSING, THEN
THERE'S A GOOD CHANCE, THERE'S A VERY STRONG CHANCE THAT IT MIGHT NOT
HAVE BEEN YOUR CAR THAT THE TICKET WAS PUT ON. AND SOMEHOW YOUR CAR
--
MR. DURSO: BUT IF IT WASN'T PUT ON YOUR CAR --
MR. COLTON: SOMEHOW WHEN THE AGENT WAS
WALKING BY YOUR CAR HE HAD HIS -- HIS GIZMO OUT AND MAYBE IT
REGISTERED ON YOUR CAR INSTEAD OF THE CAR THAT IT WAS ISSUED.
MR. DURSO: IT SHOULDN'T BE DOING THAT.
MR. COLTON: I DON'T KNOW WHY. IT CAN BECOME
SILLY. BUT THE POINT IS, CONSTITUENTS SHOULD NOT SUFFER THE BURDEN OF
HAVING TO ANSWER SOMETHING WHERE IT IS NO INDICATION OF -- OF THE
INFORMATION THAT WAS ON THERE. IT WASN'T ON THERE. IT'S NOT A QUESTION
OF, YOU KNOW, LOOKING AT IT ONE WAY OR THE ANOTHER. YOU -- YOU -- THE
-- THE TRAFFIC AGENT SHOULD NOT HAVE PROCESSED THE TICKET THAT WAS
MISSING A DATE OR MISSING THE LOCATION OR MISSING THE TYPE OF CAR.
MR. DURSO: MR. COLTON, I JUST ASKED ARE YOU GONNA
GET THE TICKET IF IT'S NOT ON YOUR CAR. I UNDERSTAND ALL THE OTHER STUFF. IF
IT'S MISSING INFORMATION, IF IT'S ON SOMEONE ELSE'S CAR, IF THERE'S BEDBUGS
ON THE TRAIN, I GET ALL THAT. THAT IS -- WHAT I'M SAYING IS IF THE TICKET IS
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NOT ON YOUR CAR AND IT GOES ON THE WRONG CAR, THE PERSON THAT GOT THAT
TICKET OBVIOUSLY IS NOT GONNA PAY THE TICKET. IT'S NOT ON THEIR CAR.
MR. COLTON: THEY MIGHT HAVE TO GO TO COURT TO
ANSWER IT.
MR. DURSO: UNDERSTOOD.
MR. COLTON: THEY MIGHT HAVE TO PUT IN AN
ANSWER. THAT'S NOT RIGHT. THAT'S NOT DUE PROCESS.
MR. DURSO: I AGREE. NO ONE SHOULD PAY A TICKET
THAT'S NOT THEIRS. BUT NOW PART OF THIS, IT SAYS ILLEGIBLE. SO IT SAYS AN
ILLEGIBLE TICKET. IS IT ILLEGIBLE ON ALL ACCOUNTS? SO IN OTHER WORDS, IF
THAT TICKET'S LEFT ON MY CAR AND IT RAINS AND I -- IT'S NOW ILLEGIBLE. CAN I
NOW SAY, THIS ISN'T FOR ME. I CAN'T READ IT?
MR. COLTON: THE ILLEGIBLE REFERS TO THE TICKET THAT
IS BEING FILED WITH PARKING VIOLATIONS OR WHATEVER IS THE AGENCY.
MR. DURSO: NOT THE PERSON?
MR. COLTON: YOU CAN'T, FOR EXAMPLE, TAKE A TICKET
THAT YOU GOT ON YOUR CAR AND -- AND SMEAR IT OFF.
MR. DURSO: NO, I UNDERSTAND THAT.
MR. COLTON: THE AGENCY'S NOT GONNA DISMISS THAT
TICKET.
MR. DURSO: SO IF THE TICKET ON YOUR CAR IS ILLEGIBLE
BECAUSE OF RAIN, WIND, LIGHTING STRIKES THE CAR, IT STILL COUNTS, CORRECT?
MR. COLTON: IT'S NOT THE TICKET ON YOUR CAR THAT
THEY GO BY.
MR. DURSO: RIGHT.
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MR. COLTON: IT'S THE TICKET THAT IS PROCESSED BY THE
--
MR. DURSO: THANK YOU.
MR. COLTON: -- PARKING VIOLATION AGENT.
MR. DURSO: OKAY. SO IN OTHER WORDS, IF THERE'S A
TRIPLICATE, IF IT'S -- IF IT'S SENT IN TO THE PARKING VIOLATION, THAT'S WHAT
COUNTS, CORRECT?
MR. COLTON: YES.
MR. DURSO: BECAUSE YOU DID SAY BEFORE, IF IT
BLOWS AWAY, HOW IS THERE PROOF THAT YOU EVER GOT IT. BUT NOW YOU'RE
SAYING IF IT'S SENT IN AND IT'S AT THE TRAFFIC VIOLATION, IT DOES COUNT,
CORRECT?
MR. COLTON: YES. AND IT ALSO COUNTS --
MR. DURSO: SO -- AS LONG AS IT'S WRITTEN OUT
CORRECTLY.
MR. COLTON: IF YOU DIDN'T GET THE TICKET ON YOUR
CAR BUT THE TICKET WAS PROPERLY FILLED OUT AND PROCESSED BY THE AGENT,
THIS BILL DOESN'T HELP YOU.
MR. DURSO: OKAY.
MR. COLTON: AS LONG AS IT HAS THE CORRECT
INFORMATION.
MR. DURSO: GOT IT. SO -- AND -- AND I JUST WANTED
THAT ON THE LEGISLATIVE RECORD, BECAUSE YOU SAID BEFORE IF YOU DON'T
RECEIVE THE TICKET, RIGHT, YOU SHOULDN'T HAVE TO PAY IT. IF IT'S NOT YOUR
CAR -- SO IN OTHER WORDS, MR. COLTON, IF YOU WERE PARKED IN A
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HANDICAPPED SPOT AND YOU DIDN'T HAVE A HANDICAPPED STICKER, RIGHT, AND
I'M THE TRAFFIC ENFORCEMENT AGENT. I WROTE OUT THE TICKET FOR YOUR CAR
BUT I PUT IT ON MY COLLEAGUE'S CAR. SHOULD YOU STILL PAY THAT TICKET?
MR. COLTON: IF IT -- IF, IN FACT, YOU WERE THE ONE
THAT THE TICKET DESCRIBES ACCURATELY. THE TICKET HAS TO HAVE CERTAIN
BASIC INFORMATION.
MR. DURSO: IF ALL THE BASIC INFORMATION IS FILLED IN
--
MR. COLTON: THEN YOU WOULD BE GUILTY.
MR. DURSO: BUT -- OKAY. SO I JUST WANTED TO MAKE
THAT CLEAR. REGARDLESS IF YOU ACTUALLY RECEIVED THE TICKET OR NOT, YOU'RE
STILL GUILTY OF THAT VIOLATION AS LONG AS THE TRAFFIC BUREAU RECEIVES IT?
MR. COLTON: THIS BILL DOES NOT DEAL WITH WHETHER
YOU RECEIVED THE TICKET OR NOT. THIS BILL SIMPLY DEALS WITH WHETHER THE
CORRECT INFORMATION HAS BEEN FILLED IN, THE REQUIRED INFORMATION HAS
BEEN FILLED IN ON THE TICKET. IT DOES NOT DEAL WITH WHETHER OR NOT YOU
RECEIVED IT.
MR. DURSO: SO IT HAS TO BE LEGIBLE TO THE TRAFFIC
ENFORCEMENT AGENCY, AND IF YOU WERE TO GO TO COURT TO DEFEND IT YOU
HAVE TO ABLE TO READ IT THERE? IT'S NOT ABOUT WHAT'S ON YOUR CAR OR ON
MY COLLEAGUE'S CAR OR SOMEONE ELSE'S CAR --
MR. COLTON: THAT'S CORRECT. IT'S -- IT'S WHAT ON THE
TICKET.
MR. DURSO: OKAY. ENOUGH SAID.
MR. COLTON: AND THAT'S WHAT THE LAW REQUIRES,
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AND -- AND THAT'S WHAT THIS BASICALLY MODIFIES.
MR. DURSO: I JUST WANTED TO CLEAR THAT UP. THANK
YOU, SIR. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS PIECE
OF LEGISLATION. BUT IF ANYONE WISHES TO SUPPORT IT, YOU MAY DO SO NOW,
CERTAINLY, AT YOUR SEATS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. FALL.
MR. FALL: THANK YOU, MADAM SPEAKER. THE
MAJORITY CONFERENCE WILL SUPPORT THIS PIECE OF LEGISLATION. FOR THOSE
THAT WOULD LIKE TO VOTE IN A DIFFERENT DIRECTION, THEY COULD DO SO HERE IN
THE CHAMBER.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY APRIL 28, 2026
THE BILL IS PASSED.
MR. FALL.
MR. FALL: MADAM SPEAKER, DO WE HAVE FURTHER
HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER HUNTER: WE DO HAVE A PIECE
OF HOUSEKEEPING.
ON A MOTION BY MS. KELLES, PAGE 29, CALENDAR NO.
224, BILL NO. A09047-A, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
WE HAVE A NUMBER OF RESOLUTIONS BEFORE THE HOUSE.
WITHOUT OBJECTION, THESE RESOLUTIONS WILL BE TAKEN UP TOGETHER.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 1224-1230
WERE UNANIMOUSLY ADOPTED.)
MR. FALL.
MR. FALL: MADAM SPEAKER, CAN YOU CALL ON MS.
CLARK FOR THE PURPOSES OF AN ANNOUNCEMENT?
ACTING SPEAKER HUNTER: MS. CLARK FOR THE
PURPOSE OF AN ANNOUNCEMENT.
MS. CLARK: THANK YOU, MADAM SPEAKER. I AM
ANNOUNCING MAJORITY CONFERENCE IMMEDIATELY FOLLOWING SESSION IN
THE SPEAKER'S CONFERENCE ROOM. MAJORITY CONFERENCE IMMEDIATELY
FOLLOWING SESSION.
ACTING SPEAKER HUNTER: MAJORITY
CONFERENCE IMMEDIATELY FOLLOWING SESSION IN THE SPEAKER'S
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NYS ASSEMBLY APRIL 28, 2026
CONFERENCE ROOM.
MR. FALL.
MR. FALL: I NOW MOVE THAT THE ASSEMBLY STAND
ADJOURNED, AND THAT WE WILL RECONVENE AT 10:30 A.M., WEDNESDAY,
APRIL 29TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER HUNTER: 10:30 TOMORROW.
THANK YOU.
ON MR. FALL'S MOTION, THE HOUSE STANDS ADJOURNED.
(WHEREUPON, AT 4:55 P.M., THE HOUSE STOOD ADJOURNED
UNTIL WEDNESDAY, APRIL 29TH AT 10:30 A.M., THAT BEING A SESSION DAY.)
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