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                WEDNESDAY, MAY 6, 2026                                                                        11:43 A.M.



                             ACTING SPEAKER WOERNER:  The House will

                come to order.

                             In the absence of clergy, let us pause for a moment of

                silence.

                             (Whereupon, a moment of silence was observed.)

                             Visitors are invited to join the members in the Pledge

                of Allegiance.

                             (Whereupon, Acting Speaker Woerner led visitors

                and members in the Pledge of Allegiance.)

                             A quorum being present, the Clerk will read the

                Journal of Tuesday, May 5th.

                             Mr. Fall.

                             MR. FALL:  Madam Speaker, I move to dispense
                                                               2




                with the further reading of the Journal of Tuesday, May 5th and that

                the same stand approved.

                             ACTING SPEAKER WOERNER:  Without

                objection, so ordered.

                             MR. FALL:  We have a quote from Oprah Winfrey

                this morning, and the quote says, "Know what sparks the light in you.

                Then use that light to illuminate the world."  And these words are by

                Oprah Winfrey.

                             Madam Speaker, members have on their desks a main

                Calendar and a debate list.  After any housekeeping and/or

                introductions we will begin our floor work today by taking up

                Calendar resolutions on page 3.  We will then take up consent,

                Calendar No. 319 by Ms. Hunter.  After that we will take up the

                following bills from the debate list:  Calendar No. 111 by Mr.

                Santabarbara, Calendar No. 221 by Ms. Hyndman, Calendar No. 258

                by Ms. Jackson, Calendar No. 311 by Ms. Forrest, and Calendar No.

                353 by Mr. R. Carroll.

                             I will announce any further floor activity as we

                proceed.  Majority members should be aware that there may be a need

                for conference once we conclude our work on the floor.  As always, I

                will consult with the Minority on their Conference needs.

                             So with that as a general outline, Madam Speaker, let

                us begin with any housekeeping and/or introductions.

                             ACTING SPEAKER WOERNER:  Thank you, Mr.

                Fall.  We have both.  We'll start with housekeeping.
                                                               3




                             On a motion by Mr. R. -- by Mr. P. Carroll, page 24,

                Calendar No. 215, Bill No. A08594, the amendments are received and

                adopted.

                             And now we'll go to introductions.

                             Oh, it looks like we no longer have introductions.

                We do, however, have resolutions.  We will begin on page 3.  The

                Clerk will read.


                             THE CLERK:  Assembly Resolution No. 1278, Rules

                at the request of Mr. Bendett.

                             Legislative Resolution memorializing Governor

                Kathy Hochul to proclaim May 6, 2026, as School Nurse Day in the

                State of New York.

                             ACTING SPEAKER WOERNER:  On the resolution,

                all those in favor signify by saying aye; opposed, no.  Excellent.  The

                resolution is adopted.


                             THE CLERK:  Assembly Resolution No. 1279, Rules

                at the request of Ms. Solages.

                             Legislative Resolution memorializing Governor

                Kathy Hochul to proclaim May 4-10, 2026, as Maternal Mental Health

                Week in the State of New York.

                             ACTING SPEAKER WOERNER:  On the resolution,

                all in favor signify by saying aye; opposed, no.  Thank you.  The

                resolution is adopted.


                             THE CLERK:  Assembly Resolution No. 1280, Rules

                at the request of Mr. Slater.
                                                               4




                             Legislative Resolution memorializing Governor

                Kathy Hochul to proclaim May 3-9, 2026, as Professional Municipal

                Clerks Week in the State of New York.

                             ACTING SPEAKER WOERNER:  On the resolution,

                all those in favor signify by saying aye; opposed, no.  The resolution is

                adopted.


                             THE CLERK:  Assembly Resolution No. 1281, Rules

                at the request of Ms. Reyes.

                             Legislative Resolution memorializing Governor

                Kathy Hochul to proclaim May 6-12, 2026, as Nurses Week in the

                State of New York.

                             ACTING SPEAKER WOERNER:  Ms. Reyes on the

                resolution.

                             MS. REYES:  Thank you, Madam Speaker.

                Colleagues, as both a nurse and a proud member of this legislative

                Body, it is my distinct honor to introduce this resolution

                commemorating May 6-12 as National [sic] Nurses Week in the State

                of New York.

                             Every day, nurses across our State serve as the

                backbone of our healthcare system.  We are the ones who sit at the

                bedside through the night.  Who listen to patients' fears and hopes.

                Who advocate fiercely for the vulnerable, and who translate complex

                medical language into compassion and action.  Nurses are educators,

                innovators, caregivers and leaders, often all in the same shift.

                             National Nurses Week is more than just a celebration,
                                                               5




                it is a recognition of the extraordinary dedication, skill and resilience

                that nurses demonstrate, especially in times of crisis.  The past few

                years have reminded us all how crucial nurses are; not just in

                hospitals, but in schools, community clinics and homes throughout

                New York.

                             As a nurse legislator, I am deeply aware of the

                challenges our profession faces; staffing shortages, burnout and the

                constant need for investment in education and resources.  This week is

                a call to action to support our nurses not just in words, but in policies

                and resources that let them thrive.

                             Today let us honor the nurses of New York by

                recommitting ourselves to advocating for their well-being, their

                professional growth, and the vital role they play in keeping our

                communities healthy.  Thank you, Madam Speaker.

                             ACTING SPEAKER WOERNER:  Thank you, Ms.

                Reyes.

                             Mr. Bendett on the resolution.

                             MR. BENDETT:  Thank you, Madam Speaker, and

                thank you to the sponsor for putting forth this excellent resolution

                recognizing nurses.

                             I just wanted to recognize my wife, Claudia Bendett,

                who is a nurse for 30 years at St. Peter's Hospital.  It's a tremendous

                occupation, it's a tremendous career.  And again, all the words that

                Assemblymember Reyes said ring true to me.  Thank you.

                             ACTING SPEAKER WOERNER:  Thank you, Mr.
                                                               6




                Bendett.

                             Mr. Tannousis.

                             MR. TANNOUSIS:  Thank you, Madam Speaker.  I

                also would like to recognize the great work of nurses.  They are truly

                our unsung heroes.  And especially during COVID as many of us were

                working from home, they were working double, triple shifts, including

                my wife who was a registered nurse and now is a nurse practitioner.

                So I would think of nothing less than to actually acknowledge the

                hardworking nurses of this State, especially since I would like to go

                home tomorrow.  Thank you so much.

                             (Laughter)

                             ACTING SPEAKER WOERNER:  Thank you, Mr.

                Tannousis.

                             On the resolution, all those in favor signify by saying

                aye; opposed, no.  The resolution is adopted.


                             THE CLERK:  Assembly Resolution No. 1282, Rules

                at the request of Mr. DeStefano.

                             Legislative Resolution memorializing Governor

                Kathy Hochul to proclaim May 2026, as Teen Self-Esteem Month in

                the State of New York.

                             ACTING SPEAKER WOERNER:  On the resolution,

                all those in favor signify by saying aye; opposed, no.  The resolution is

                adopted.


                             THE CLERK:  Assembly Resolution No. 1283, Rules

                at the request of Mr. Lavine.
                                                               7




                             Legislative Resolution memorializing Governor

                Kathy Hochul to proclaim May 2026, as Hepatitis C Awareness

                Month in the State of New York.

                             ACTING SPEAKER WOERNER:  On the resolution,

                all those in favor signify by saying aye; opposed, no.  The resolution is

                adopted.


                             THE CLERK:  Assembly Resolution No. 1284, Rules

                at the request of Ms. Rosenthal.

                             Legislative Resolution memorializing Governor

                Kathy Hochul to proclaim May 2026, as Be Kind to Animals Month

                in the State of New York.

                             ACTING SPEAKER WOERNER:  On the resolution,

                all those in favor signify by saying aye; opposed, no.  The resolution is

                adopted.


                             THE CLERK:  Assembly Resolution No. 1285, Rules

                at the request of Ms. Zinerman.

                             Legislative Resolution memorializing Governor

                Kathy Hochul to proclaim August 26, 2026, as Women's Equality Day

                in the State of New York.

                             ACTING SPEAKER WOERNER:  On the resolution,

                all those in favor signify by saying aye; opposed, no.  The resolution is

                adopted.


                             THE CLERK:  Assembly Resolution No. 1286, Rules

                at the request of Mr. Eachus.

                             Legislative Resolution memorializing Governor
                                                               8




                Kathy Hochul to proclaim November 2026, as Hospice and Palliative

                Care Awareness Month in the State of New York.

                             ACTING SPEAKER WOERNER:  On the resolution,

                all those in favor signify by saying aye; opposed, no.  The resolution is

                adopted.

                             Mr. Jacobson for the purposes of -- of an

                introduction.

                             MR. JACOBSON:  Thank you, Madam Speaker.  It's

                my great honor to introduce the Marlboro Dukes Boys Bowling Team.

                They won their State division title, Statewide, two years in a row.

                They won the State title two years in a row in their division, and

                they're worthy of recognition.

                             Their coach is here, and -- and that is Michele Landis.

                And the -- and the boys that are here that -- that won the title again,

                we have Zachary Moulds, Carson Palmer, Logan Dawes, Matthes

                Leech [sic], Christopher Moulds, Andrez Smith-Vasquez, Patrick

                Tarsio, Ryan Tarsio.

                             And so it's my honor to represent these outstanding

                athletes from my district, and I wish that you grant them the privileges

                of the floor.

                             ACTING SPEAKER WOERNER:  On behalf of Mr.

                Jacobson, the Speaker and all of the members, we welcome the

                Marlboro High School Boys Bowling Team, two-time State

                champions, to the New York State Assembly Chamber and we extend

                the privileges of the floor and hope you enjoy the proceedings.  Thank
                                                               9




                you so much for joining us.  And you are tremendous, tremendous

                examples of wonderful student athletes in New York State.  Thank

                you.

                             (Applause)

                             Page 31, Calendar No. 319, the Clerk will read.


                             THE CLERK:  Assembly No. A06465, Calendar No.

                319, Hunter, Berger, Clark, Weprin.  An act to amend the Insurance

                Law, in relation to prohibiting insurers from reducing disability

                benefits unless certain conditions are met.

                             ACTING SPEAKER WOERNER:  Read the last

                section.

                             THE CLERK:  This act shall take effect immediately.

                             ACTING SPEAKER WOERNER:  The Clerk will

                record the vote.

                             (The Clerk recorded the vote.)

                             Are any other votes?  Announce the results.

                             (The Clerk announced the results.)

                             The bill is passed.

                             Page 15, Calendar No. 111, the Clerk will read.


                             THE CLERK:  Assembly No. A03536, Calendar No.

                111, Santabarbara, Schiavoni, Reyes, DeStefano, Giglio, Levenberg,

                Sayegh, Walsh, Otis, Shimsky, Tague, Stirpe, K. Brown, Hyndman,

                Griffin.  An act to amend the General Business Law, in relation to

                requiring navigation systems utilizing GPS technology to identify the

                height of any bridge or overpass along a proposed route.
                                                              10




                             ACTING SPEAKER WOERNER:  Read the last

                section.

                             THE CLERK:  This act shall take effect on the 180th

                day.

                             ACTING SPEAKER WOERNER:  The Clerk will

                record the vote.

                             (The Clerk recorded the vote.)

                             Mr. Santabarbara to explain your vote.

                             MR. SANTABARBARA:  Thank you, Madam

                Speaker.  This bill helps address the problem we've seen too many

                times across New York State; an increase -- an increasing number of

                trucks striking low-clearance bridges and overpasses.  We've seen this

                across the State, we've seen it in the Capitol Region, and I've seen it

                many times in my own district.  And many times we -- we've seen the

                same bridges hit over and over again.  The reality is that many drivers

                rely much less on signage and heavily on GPS and navigation apps,

                especially truck drivers that may be traveling through unfamiliar areas

                or across State lines.  The problem is, is not every GPS system

                consistently accounts for -- for bridge height restrictions or directs

                drivers to those safer alternate routes that exist.  So this bill recognizes

                something practical:  That bridge height information already exists out

                there.  These are fixed locations where we have known clearance

                limits.  So if GPS systems can warn drivers about traffic, about

                crashes, about construction, road closures, all in real time, they can

                also provide low bridge warnings and provide safer alternate routes
                                                              11




                that avoid low-clearance bridges.

                             Every bridge strike can lead to major traffic delays,

                costly inspections, repairs, damage to vehicles, and safety risks for

                drivers and the public.  Even when warning signs are posted, we

                continue to see these incidents happen repeatedly over and over again.

                             This bill is about prevention, public safety, and using

                technology more effectively to help drivers avoid dangerous and

                costly accidents before they happen, and I encourage my colleagues to

                support it.  Thank you.

                             ACTING SPEAKER WOERNER:  Mr. Santabarbara

                in the affirmative.

                             Ms. Walsh to explain her vote.

                             MS. WALSH:  Thank you, Madam Speaker.  So, I'm

                going to tell you all about one bridge that's in my district, it's the

                Glenville Bridge.  It's become a little bit famous.  It's been hit so many

                times in recent years that it has inspired a song, a comic book recently

                released called The Bridge That Eats Trucks, and even inspired a

                winner of one of my fifth-grade class's "There Ought To Be A Law"

                contest.  It has 14 -- over 14, I believe, warning signs, and most strikes

                are attributed to GPS issues.

                             The Glenridge Road strikes have decreased in recent

                years with enhanced measures taken by the Department of

                Transportation; however, in 2021 there were 22 strikes; 2022, 13

                strikes, again in 2023, 13 strikes and on.  So it's getting a little bit

                better with signage, but I think that the reason I'm supporting this bill
                                                              12




                and I think the sponsor is, is that I think more needs to be done.  Each

                hit costs money to taxpayers and some have caused serious injuries.

                So we need to do what we can.

                             I'm very grateful to be able to vote in the affirmative

                and to have been a sponsor on this bill.  Thank you, Madam Speaker.

                             ACTING SPEAKER WOERNER:  Thank you.

                             Ms. Walsh in the affirmative.

                             Are there any other votes?  Announce the results.

                             (The Clerk announced the results.)

                             The bill is passed.

                             Mr. Fall to make an introduction on behalf of Ms.

                Chandler-Waterman.

                             MR. FALL:  Yes, thank you, Madam Speaker.  On

                behalf of our colleague from the 58th Assembly District, Ms. Monique

                Chandler-Waterman, we have a group of community leaders, clergy

                and constituents from her Assembly District that are here advocating

                for policies to support equity and safety while prioritizing individuals

                with disabilities with the support of Hellen Keller Center for the

                Blind.  Some of these amazing stakeholders including Pastor Gilford

                Monrose, Minister Gabriel Mitchell, Pastor Vernon Peters, Floricia

                Chang Agita, Reverend Dr. Charles Garabreth, Cahari Edwards,

                Minister Teddy Caster, Pastor Shermane Byrd and Pastor Michelle

                Mota-Poiser.  (All names phonetic.)

                             Madam Speaker, would you be so kind to extend the

                cordialities of the floor to Ms. Waterman's guests?
                                                              13




                             ACTING SPEAKER WOERNER:  Absolutely.

                             On behalf of Ms. Chandler-Waterman, the Speaker

                and all the members, we welcome you, community leaders, faith

                leaders, constituents to the Assembly Chamber.  We thank you for the

                work that you're doing on behalf of the -- the community of People

                with Disabilities, recognize and value the voices that you bring to the

                conversation.  And we extend the privileges of the floor, and hope you

                enjoy our proceedings.  Thank you so much for joining us today.

                             (Applause)

                             Page 25, Calendar No. 221, the Clerk will read.


                             THE CLERK:  Assembly No. A06388-B, Calendar

                No. 221, Hyndman.  An act to amend the Executive Law, in relation

                to the establishment of local comprehensive emergency management

                plans.

                             ACTING SPEAKER WOERNER:  On a motion by

                Ms. Hyndman, the Senate bill is before the House.  The Senate bill is

                advanced.

                             An explanation has been requested.

                             Ms. Hyndman.

                             MS. HYNDMAN:  Thank you, Madam Speaker.  The

                purpose of this legislation is to ensure local emergency management

                plans include animal accommodation, preparation and public

                communication that considers the needs of persons with vision or

                hearing impairments.

                             ACTING SPEAKER WOERNER:  Ms. Walsh.
                                                              14




                             MS. WALSH:  Thank you, Madam Speaker.  Will the

                sponsor yield?

                             ACTING SPEAKER WOERNER:  Will the sponsor

                yield?

                             MS. HYNDMAN:  I yield.

                             ACTING SPEAKER WOERNER:  The sponsor

                yields.

                             MS. WALSH:  My questions are gonna be primarily

                focused on the portion of the bill that has to do with information on

                animal-friendly temporary housing and facilities, that portion of the

                bill.

                             MS. HYNDMAN:  Okay.

                             MS. WALSH:  We're -- we're on the same bill, right?

                             MS. HYNDMAN:  Yeah.

                             MS. WALSH:  Okay.  Okay.  So, how does this bill

                define responsibility for animal sheltering during emergencies,

                especially given that many emergency shelters are operated by

                non-profits rather than by local governments?

                             MS. HYNDMAN:  Well, the plan for the -- I

                understand your question.  For this -- for this we're talking about for

                those individuals that may have animals for disability purposes,

                whether it's a seeing eye dog or they're -- they're hearing impaired.  So

                we're asking municipalities to -- to use a plethora of resources to make

                sure that every municipality has an ability to take on individuals with

                these -- people with disabilities.  So -- but not all shelters must be
                                                              15




                animal-friendly.  That's not what we're saying in this bill.  And so the

                localities just have to identify which ones that they're gonna use.

                             MS. WALSH:  Okay.  So this bill doesn't deal with

                every -- like, in a case of a emergency.  Say -- I mean, just by example

                just say like a flood or something like that.  They don't have to

                consider and plan for everybody who's impacted by the flood and their

                animals.  So, like --

                             MS. HYNDMAN:  No, not --

                             MS. WALSH:  -- I have a dog.

                             MS. HYNDMAN:  I have pets, too.

                             MS. WALSH:  You have pets, too.  It's not for all

                pets, it's more service animals.

                             MS. HYNDMAN:  It's not for those with exotic pets

                or -- this is for service animals.

                             MS. WALSH:  Just for service animals.  Okay.  And

                does it specifically limit it in that bill as far as specifically to those

                individuals, or --

                             MS. HYNDMAN:  Yes, it does.

                             MS. WALSH:  Okay.  And is that on page 2,

                somewhere around the middle of that page?  Could you just call -- call

                the attention to me so I can see that it's limited to that?  Because that

                was one of the questions that I had.

                             MS. HYNDMAN:  So if you're asking for the specific

                section of the bill, line 38 and 39 --

                             MS. WALSH:  Okay.
                                                              16




                             MS. HYNDMAN:  -- specifically say that.

                             MS. WALSH:  Okay.  So it does say at line 29 that

                such plan shall include the identification of temporary housing and

                other necessary facilities designated as animal-friendly.  But what

                you're saying is that it's just limited to service animals and individuals

                who have service animals, then, and not -- not every -- not every -- as

                you said, every pet.

                             MS. HYNDMAN:  Not every pet, no.

                             MS. WALSH:  Okay.  All right.  Very good.  And is

                there a -- how would this policy integrate with existing emergency

                management systems?

                             MS. HYNDMAN:  So, we understand that every

                municipality has an emergency management system.  We're asking

                that every municipality do the diligence to identify facilities in their

                area that could accommodate them.  So there's a -- a whole section in

                here that will take all the different agencies that someone -- that they

                could reach out to in order to identify those facilities; police agencies,

                fire departments, fire companies, management agencies, commercial

                and volunteer ambulance services.  And it goes on to list even

                handicapped agencies for the elderly and organizations that provide

                home care services.  So there's a -- a wide array -- array that any

                municipality can reach out to to get information on how to service

                those individuals with disabilities.

                             MS. WALSH:  And the -- and the idea, then, is that in

                case of an emergency that -- that the service animal or -- for the
                                                              17




                individual with disabilities would be actually with -- stay with that

                person in that temporary shelter or anything like that --

                             MS. HYNDMAN:  Yes, exactly.

                             MS. WALSH:  -- so that they could have their --

                             MS. HYNDMAN:  Right.

                             MS. WALSH:  -- their service animal with them.

                             MS. HYNDMAN:  What we don't want is for people

                to stay home in an emergency because they cannot go to an

                emergency facility, and then would have to deal with the aftermath of

                dealing with those individuals.  So we want to make sure that they're

                -- feel included in the beginning of an emergency.

                             MS. WALSH:  Very good.  Well, thank you very

                much.  I appreciate your answers to my questions.

                             MS. HYNDMAN:  Thank you.

                             MS. WALSH:  Thank you very much, Madam

                Speaker.

                             ACTING SPEAKER HUNTER:  Read the last

                section.

                             THE CLERK:  This act shall take effect on the 90th

                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.)
                                                              18




                             The bill is passed.

                             Mr. Fall.

                             MR. FALL:  Thank -- thank you, Madam Speaker.

                It's an honor and pleasure to recognize the extraordinary impact of

                Goldman Sachs' 10,000 Small Business Voices and the important role

                it continues to play in strengthening businesses and local economies

                across New York State, particularly in my Assembly District in Lower

                Manhattan.  Through education, strategic support and advocacy, this

                program has helped entrepreneurs grow, create jobs, and ensure that

                small business leaders have a true seat at the table in shaping our

                economic future.

                             I would like to also extend a special welcome to

                Sarah Paden, who is a vice president at Goldman Sachs, and the

                delegation joining us here at the Capitol today during National Small

                Business Week.  We thank you for your continued investment in New

                York's small business community and for the work you do to uplift

                entrepreneurs across our State.

                             Madam Speaker, would you be so kind to extend the

                cordialities of the floor to our guests today?

                             ACTING SPEAKER HUNTER:  On behalf of Mr.

                Fall, the Speaker and all members, we welcome our representatives

                from Goldman Sachs here today.  We extend privileges to you from

                the Assembly floor, and hope you enjoy our proceedings today.  It's

                awesome to see small businesses here, active in the community,

                uplifting.  You definitely are the foundation of business in all of our
                                                              19




                communities.  So thank you for everything you do every single day,

                and thank you for joining us today.

                             (Applause)

                             Page 28, Calendar No. 258, the Clerk will read.


                             THE CLERK:  Assembly No. A08388, Calendar No.

                258, Jackson, Sayegh.  An act to amend the Election Law, in relation

                to the appointment of college and university students as election

                inspectors.

                             ACTING SPEAKER HUNTER:  An explanation has

                been requested.

                             Ms. Jackson.

                             MS. JACKSON:  All right.  So, the purpose of this

                bill is to clarify that full-time college and university students are

                permitted to serve as an election inspector or poll clerk in the county

                of their college or university without the need to change their voter

                registration.

                             ACTING SPEAKER HUNTER:  Mr. Slater.

                             MR. SLATER:  Thank you, Madam Speaker.  Will

                the sponsor yield for some questions?

                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?

                             MS. JACKSON:  I yield.

                             ACTING SPEAKER HUNTER:  The sponsor yields.

                             MR. SLATER:  Well, good afternoon.  Thank you so

                much for answering my questions today.
                                                              20




                             Under current law, are election -- election inspectors

                required to be residents of the county in which they serve?

                             MS. JACKSON:  Under current law, yes.  You are

                required to be a registered -- registered in New York State.  This bill

                specifically talks to full-time students and -- and the college which

                they are located, in that county, being able to waive that registration --

                that requirement just so they can serve in that county.

                             MR. SLATER:  And so there's no other category of a

                nonresident currently permitted to be an election inspector in a county

                where they don't reside?

                             MS. JACKSON:  No.

                             MR. SLATER:  This would be the first exception?

                             MS. JACKSON:  Right.  This would be the first.

                             MR. SLATER:  Understood.

                             Now, I just wanna talk quickly about the -- the

                qualifications.  Is a part-time college student eligible under this bill to

                serve in the county where they do not reside?

                             MS. JACKSON:  No.  You're asking if the part-time

                student who does not live in that county but goes to college in that

                county?  No, you have to be a full-time matriculated 12-credit student.

                             MR. SLATER:  And can you give me a -- an

                understanding of what is a full-time 12-credit student mean?

                             MS. JACKSON:  Besides that, I don't think there's

                anything else, right?  (Conferencing)

                             Yeah, as long as they are -- as long as they are
                                                              21




                enrolled for the 12 credit hours that's considered full-time.

                             MR. SLATER:  Is a graduate student who is enrolled

                and has -- is taking 12 credits, would they be allowed to do this?

                             MS. JACKSON:  Yes.

                             MR. SLATER:  A graduate student would.

                             MS. JACKSON:  But they're not usually 12 hours,

                full-time.  So it has to be the full -- it must -- it must be a full-time

                student.

                             MR. SLATER:  If you were a full-time law student

                would you be able to participate as an election inspector under this

                bill?

                             MS. JACKSON:  (Conferencing).  Yeah, the -- the

                same standard's required.  If you're doing 12 credit hours and you --

                             MR. SLATER:  How about for apprenticeships?

                Does this bill include individuals enrolled in an apprenticeship

                program that would be eligible to serve as an election inspector?

                             MS. JACKSON:  No, it's specifically for college and

                universities, full-time students.

                             MR. SLATER:  How about if you were an online

                student?  If you're an online student, would the bill require you to be

                physically attending classes in the county where they serve?

                             MS. JACKSON:  I mean, it really has to do with

                where the school is located, right?  And if the student is a 12-credit

                full-time student then they would be eligible to be a poll clerk or --

                well, be certified.  They can get certified as a --
                                                              22




                             MR. SLATER:  So if I live in Westchester and I'm

                taking 12 credits on line at Marist in Dutchess County, then I would

                be eligible to be a poll worker in Dutchess County?

                             MS. JACKSON:  If -- if you're a full-time student of

                that school?

                             MR. SLATER:  Yes.

                             MS. JACKSON:  Yes.

                             MR. SLATER:  Even if I'm just on line and not

                physically present in that county, in that community or in that school?

                             MS. JACKSON:  Because it has less to do with the

                type of classes that you choose to pursue, instead it has to do with the

                type of credits and full-time status of the -- the, you know, the classes

                that you're -- I mean, of the school that you're at.

                             MR. SLATER:  I think that it also speaks to the fact

                that we're -- if on the online example you're allowing -- and I'm sorry,

                I know it's loud.  I'm having a hard time as well.

                             MS. JACKSON:  Yeah, it is.  Madam Speaker.

                             MR. SLATER:  I know that if you were, again, an

                online student, then you're really not participating in the community

                that you're looking to potentially be a poll worker in.  Is that a fair

                statement?

                             MS. JACKSON:  I don't think it's fair to this

                conversation because what we're talking about is allowing college

                students who are full-time to be a poll worker in the county in which

                the school is located.  So more than likely, more than likely, you
                                                              23




                would be a full-time student at a school and be -- wanting to be a poll

                worker in that county only because you're there during that -- that

                season, during that time, during those four years, more than likely, of

                you getting your degree.

                             MR. SLATER:  I -- I understand that and -- and I

                agree with you.  I'm just saying, specifically when it comes to being an

                online student, because there are online programs that exist that

                people are professional online students, trying to be a professional

                student, correct?

                             MS. JACKSON:  There are -- there are online

                programs.

                             MR. SLATER:  Correct.  So in that case you really

                aren't a member of the community that you are looking to serve in this

                capacity?

                             MS. JACKSON:  Okay.

                             MR. SLATER:  That was -- that's my question to you.

                Is that --

                             MS. JACKSON:  You're asking me if they're a

                member of the community if they're an online student?

                             MR. SLATER:  Right.  If you're an on -- so again, I

                gave you the example.  I'm -- I -- I live in Westchester.  If I am taking

                an online program in a different county in New York -- so under your

                bill is -- my question is, the proposal would allow me, as an online

                full-time student who has no connection to the county in which my

                school resides, I would still be able to become a poll inspector in that
                                                              24




                county?

                             MS. JACKSON:  So I'm gonna go back to my --

                             ACTING SPEAKER HUNTER:  Excuse me for a

                moment.

                             Can we have quiet in the Chamber, please?  If you're

                having discussions, take them outside.  If you're going to stay in here,

                take your seats.  Thank you.

                             Mr. Slater.

                             MR. SLATER:  Thank you, Madam Speaker.

                             MS. JACKSON:  Thank you, Madam Speaker.  So

                just to go back to your question, if you are full-time and you reside in

                one county and your school is in another county and you're a full-time

                student at that college or university, you can become certified to be a

                poll worker.

                             MR. SLATER:  Thank you.

                             Has -- has the State ever before allowed nonresidents

                to serve as election inspectors in a county where they are not

                registered?

                             MS. JACKSON:  I think we -- we said no to that one.

                So, no.

                             MR. SLATER:  I just want to reconfirm.

                             MS. JACKSON:  Mm-hmm.

                             MR. SLATER:  I just want to reconfirm.

                             Well, I appreciate you answering my questions.  I just

                want to make sure that I didn't miss anything.  Thank you very much
                                                              25




                to the -- to the sponsor.

                             I'm gonna go on the bill, Madam Speaker.

                             ACTING SPEAKER HUNTER:  On the bill.

                             MR. SLATER:  Thank you very much.  So again, let

                me begin by saying I think we all support civic engagement and

                supporting young people getting involved in our democratic process.

                And -- and I commend any student who wants to get involved and

                serve their community.  But this bill is not simply about participation.

                It creates in some aspects a double standard in our Election Law.

                Under current law, election inspectors are required to be residents of

                the county in which they serve.  That reflects a longstanding principle.

                Local elections, as we know, are administered by members of that

                local community.  And this legislation in a sense breaks from that

                principle.  It creates the first carveout allowing a person to administer

                elections in a county where they are not a resident and not a registered

                voter of that county, potentially.  And it does so for one very specific

                class of individuals:  Full-time college students as we've heard,

                enrolled in at least 12 credits.  This doesn't apply to part-time students.

                It doesn't apply to working professionals who commute across county

                lines.  It also doesn't apply for military individuals who serve our

                country but may live in a different county.  And notably, not

                individuals enrolled in an apprenticeship program, which I think many

                of us in this Body recognize as a form of higher education.  So a

                full-time apprentice working and training every day in a community is

                excluded, while a college student is included in this particular
                                                              26




                proposal.  I don't believe that's equal treatment.

                             And the bill raises additional concerns.  It does not

                require meaningful, physical presence in the community, like we

                heard.  If you are an online student with no connection to the campus,

                community, the county that you're looking to serve in, you would be

                able to still be an election inspector, the first of its kind.  And that

                means students enrolled full-time in an online program taking classes

                remotely would still qualify.

                             So eligibility here is solely on enrollment status, not

                residency, not community ties, and honestly, not even physical

                presence.  And I think that really needs to be highlighted as we

                examine this particular piece of legislation.

                             As I said, elections in New York are administered at

                the county level.  They are local, they are community-based.

                Residency has never been arbitrary; it has been a safeguard of

                accountability and a safeguard of local control.  If someone is

                administering an election, there's value in that person being

                accountable to that community.  Not just temporarily passing through

                it or connected on paper.  This bill tells us that residency is no longer

                an absolute requirement.  And once we create that exception for one

                group, we begin to erode the standard for everyone else.  So if this

                issue is about addressing workforce shortages, then let's address that

                comprehensively, not just for one class of individuals.

                             If the goal is civic engagement, there are ways to do

                that without weakening structural safeguards that have protected our
                                                              27




                local election administrations.  But what we should not do is create a

                two-tier system, which I'm afraid this does; one rule for most New

                Yorkers and another for a separate category.

                             Election integrity is not just about fairness, it's about

                public confidence.  And public confidence depends on consistency,

                clarity, and trust in the sytem.  And for these reasons, Madam

                Speaker, I'll be voting in the negative.  Thank you very much.

                             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 generally be in the negative on this piece

                of legislation.  If there are affirmative votes, they may be cast at this

                time 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

                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.
                                                              28




                             (The Clerk recorded the vote.)

                             Ms. Jackson to explain her vote.

                             MS. JACKSON:  Thank you, Madam Speaker.  So I

                remember being 17 and becoming a poll worker in Manhattan.  And

                what I do recognize is that the younger you are when you get involved

                in politics or seeing the -- the process, the more engaged you will

                more likely be.

                             This bill literally is just saying that if you are a child

                like my daughter who lives in the Bronx and want to go to school at

                SUNY Albany for four years, that is -- if she still wants to be a part of

                the process of helping out on elections, being a poll worker, being an

                election inspector, that she would be able to do so without changing

                her -- her home registration -- or voter form rather, to -- to -- to work

                on those elections.  I think we should be encouraging young people to

                be a part of this process.  If you ever go into a poll site, which I hope

                everyone does, you will see that the poll workers are usually older

                people.  At some point these -- these people are gonna have to retire.

                We should have a new group of people that's willing, ready and able

                to do this work.  We are just creating more spaces for poll workers to

                exist, especially during the time where we don't have as many as we

                need.  So we should be encouraging more groups to be a part of the

                process.  And I'll be voting in the affirmative.  Thank you.

                             ACTING SPEAKER HUNTER:  Ms. Jackson in the

                affirmative.

                             Mr. Jacobson to explain his vote.
                                                              29




                             MR. JACOBSON:  Thank you, Madam Speaker, to

                explain my vote.  I want to first thank and commend the sponsor for

                introducing this legislation.  If anybody in this room -- and I'm sure

                everybody in this room have spoken to their local Elections

                Commissioner, the one thing they're always complaining about is the

                lack of inspectors.  That's their biggest concern, to get enough

                inspectors.  So this is an imaginative way to get -- to increase the pool,

                and I -- I think it's a tremendous idea.  Because you have people that

                are -- most of the time will be living full-time in the -- in the

                community, and they're not going home.  So they'll be able to serve on

                Election Day or Primary Day.

                             So this is a great idea to expand the pool.  If others

                think the pool should be explain -- expanded in more ways, I'm sure

                the sponsor would gladly entertain their suggestions.  So again, it's a

                great bill.  I'll be voting in the affirmative.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Jacobson in the affirmative.

                             Ms. Walker to explain her vote.

                             MS. WALKER:  Thank you, Madam Speaker.  As the

                Election Law Chair, we recognize that it is important to ensure that

                access to the ballot is something that is open to everyone who want to

                participate in the franchise.  It is important that we safeguard the

                integrity and the fairness of our elections, and we take all

                developments as it relates to Election Law very seriously, and we

                work very hard as it relates to our responsibility to ensure that folk can
                                                              30




                participate fully and freely in our democracy.  We know that young

                people have been on the forefront of many of the election changes that

                we've seen, and many decades, including, of course, the United States

                Voting Rights Act.  And so we want to participate and we want to

                encourage so many young people in order to be engaged in this

                process.  We recognize that we tell young people all of the time, If you

                can see it, you can achieve it, you can be in it.  And we want more

                young people to stand up and see themselves to be included in a -- one

                of the vanguards of participatory government.

                             And so I am proud to vote in the affirmative on this

                legislation, and I would like to commend the sponsor for its

                introduction.  Thank you, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Ms. Walker in the affirmative.

                             Are there any other votes?  Announce the results.

                             (The Clerk announced the results.)

                             The bill is passed.

                             Page 31, Calendar No. 311, the Clerk will read.


                             THE CLERK:  Assembly No. A01428, Calendar No.

                311, Forrest, Weprin.  An act to amend the Insurance Law, in relation

                to substituting brand-name prescription drugs in the case of a drug

                shortage.

                             ACTING SPEAKER HUNTER:  An explanation has

                been requested.

                             Ms. Forrest.
                                                              31




                             MS. FORREST:  Thank you, Madam Speaker.  This

                bill would require insurers to cover the substitution of a brand name

                prescription drug when the Federal Food and Drug Administration has

                declared that there is a supply issue with a generic bill [sic].

                             In light of recent shortages of generic drugs including

                that like ADHD medication, it is imperative that insurance providers

                provide brand name drugs at the same price as generic during the time

                of shortage.  Drug shortages pose a public health concern, as they can

                impact the availability of essential medication for a wide range of

                conditions.  Ensuring that patients have access to necessary

                medication at affordable prices is crucial for maintaining public health

                and preventing unnecessary complication [sic].  This bill would

                ensure that such access by requiring that in the event that FDA

                recognizes that there is an ongoing supply issue with the generic drug,

                insurers providing coverage for that generic drug in their formulary

                will also provide coverage for the brand name version of that drug for

                the duration of the shortage.

                             This is a proactive measure that can help safeguard

                patient health, maintain continuity of care, and promote cost-

                effectiveness within the healthcare system.  Thank you.

                             ACTING SPEAKER HUNTER:  Mr. Blumencranz.

                             MR. BLUMENCRANZ:  Madam Speaker, will the

                sponsor yield for some questions?

                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?
                                                              32




                             MS. FORREST:  Yes.

                             ACTING SPEAKER HUNTER:  The sponsor yields.

                             MR. BLUMENCRANZ:  So I'd like to start by asking

                the sponsor, how does the FDA shortage list work?

                             MS. FORREST:  Right.  So the FDA has a list of

                approximately 20 to -- 30 to 50 drugs per year as effectively in a state

                of shortage.  And so, for example, in 2024 only 15 were short.  And so

                the FDA, in partnership with the manufacturer, actually goes to great

                lengths to make sure that shortages do not happen.  And the FDA has

                actually been very effective --

                             MR. BLUMENCRANZ:  So -- so -- so -- sorry, I

                don't mean to interrupt you but we're just timed here.  So when it

                comes to the process, how does a bill -- how does a -- a drug get

                added to that list?  What -- what qualifies as a shortage for the FDA?

                             MS. FORREST:  Right.  So I would say that

                whatever the drug is, the components of that drug is in shortage.  It

                could be the chemical, it could be -- I don't -- the point is, the FDA

                figures that there is a shortage of this generic drug because the

                manufacturer is not producing that drug at the quantity needed.

                             MR. BLUMENCRANZ:  Okay.  I ask that question

                and I think it's really important for your piece of legislation because it

                hinges upon what is and is not on that list and I have some real

                concerns with relation to that.  Who exactly pays for that vector

                between, say, a generic drug price, call it $15.  Let's say that generic is

                in shortage, and now the -- the non-generic is $600.  Many of the
                                                              33




                drugs, the brand-name is much more expensive.  Who is going to foot

                the bill for the difference in that price?

                             MS. FORREST:  Right.  This bill is to ensure that

                patients get the medications that they need so that they can maintain

                their health.

                             MR. BLUMENCRANZ:  Citizens on private

                insurance, correct?  Because --

                             MS. FORREST:  Private insurance, yes.

                             MR. BLUMENCRANZ:  -- no one who receives

                public-funded insurance will be provided this benefit.

                             MS. FORREST:  No, this does not cover -- Medicaid

                does not -- is not part of this bill.

                             MR. BLUMENCRANZ:  So let's say I have private

                insurance for a family of four.  Whoever it may be, they go to get their

                script, the generic's not there.  Now that generic would cost their

                health care plan $15; now it's gonna cost 600.  Who -- is it -- is it your

                understanding of the legislation that the drug company is gonna take

                the hit?  Is it the health insurer that's gonna take the hit?  Is it the

                business that provides it?  Who is going to pay the difference in that

                vector that they will now have to pay?

                             MS. FORREST:  Well, Mr. Blumencranz, that -- the

                -- it's not my -- it's -- it's not me.  The intention of the bill is to ensure

                that patients have continuity of care.  It's not personal.  I just wanted to

                make that clear.

                             MR. BLUMENCRANZ:  Of course it's not personal.
                                                              34




                But I think it's important to differentiate between intent and practical

                application with legislation.

                             MS. FORREST:  So this bill seeks to practically

                address the affordability --

                             MR. BLUMENCRANZ:  How is it practically

                addressing affordability?  I'm asking because that -- who bears that

                cost will pay -- will play a significant role in how it will affect drug

                pricing for everybody in New York.

                             MS. FORREST:  Who will not bear the cost is the

                patients.

                             MR. BLUMENCRANZ:  How can you say that

                confidently?  So I asked that question for --

                             MS. FORREST:  Because the patient will continue to

                pay whatever co-pay, the $15.  The price of the drug, though -- the

                shortage of the drug, though, that is between the insurer and the

                manufacturer.

                             MR. BLUMENCRANZ:  So what analysis has been

                done on whether or not this policy could unintentionally encourage

                longer shortages?  Now, I know as a drug company in New York

                State, if there's a shortage I'm gonna get to sell my brand-name, right?

                If it is a drug that I can control some of the marketplace for

                manufacturing, why wouldn't I encourage a shortage?  Because now I

                get to charge $600 for my drug and it will be covered no matter what.

                             MS. FORREST:  Well, again, this -- this bill is

                making sure --
                                                              35




                             MR. BLUMENCRANZ:  How is it making sure?  I'm

                -- I'm trying to get to the crux of the -- how this bill will work.

                Because right now -- and I'd love to understand, if you can give me

                some nuance on this.  What I see is a direct or maybe indirect cost for

                individuals who are on private health insurance.  So if now my

                healthcare plan, let's say I work for a small business, I'm in a PEO or

                I'm -- I have my own private insurance through my company.  Those

                costs are gonna go up a massive amount.  So, yes, I may have the

                same co-pay, but now every year my business is paying more.  They're

                gonna have to pass that on to customers of whatever business they

                may run, and that ratepayer may have to split the cost with the

                individual more.  So now I'm paying more for my health insurance,

                maybe if -- depending on the drugs that enter that list, twice as much,

                triple, quadruple.  Who knows?  And I might also be incentivizing big

                businesses to create artificial shortages because now they get a pay

                day.

                             MS. FORREST:  Okay.

                             MR. BLUMENCRANZ:  How are you -- what --

                what safeguards are in place in this bill that it will not do just that?

                             MS. FORREST:  Okay.  Let's start from the

                beginning again.  The FDA, for example in 2024, only has 15 drugs

                that were on the shortage list.  And when it comes down to the cost,

                patients, the person who is insured, would only pay the co-pay that

                they would pay for the generic.  So this bill would actually -- this idea

                of the generics versus the brand would actually have a very nominal
                                                              36




                effect on the insurance company.  Again, we're talking --

                             MR. BLUMENCRANZ:  How can you -- how can

                you say that's --

                             MS. FORREST: -- about 2024 --

                             MR. BLUMENCRANZ:  How can you say that in

                good faith?

                             MS. FORREST:  -- 15 --

                             (Indiscernible/crosstalk)

                             MR. BLUMENCRANZ:  Because what happened in

                2024 is not --

                             MS. FORREST:  Do you want to hear the answer?

                             ACTING SPEAKER HUNTER:  Okay.  We're gonna

                make sure we pause and ask and answer, not overtalk each other,

                please.  Thank you.

                             MR. BLUMENCRANZ:  So I -- I ask, then, if you

                could please stick directly to answering practical application, not the

                more esoteric of the intent of the bill.  Because there's a lot of really,

                really large nuances that really need to be addressed in this piece of

                legislation.

                             So how are pharmacies, especially locally-owned

                small pharmacies, expected to absorb reimbursement gaps?  So I still

                don't -- I'm not clear on who is going to absorb the cost vector

                between the generic and the nongeneric.  Because right now it seems

                like it will trickle down to hurt the small businesses that provide these

                drugs, or the ratepayers who are currently paying for their own health
                                                              37




                insurance, or it will hurt the general population as that cost is split up

                between all the members of the pool.

                             MS. FORREST:  So, the insurance companies would

                absorb the costs, and patients, my constituents, will continue to pay

                the generic co-pay cost.

                             MR. BLUMENCRANZ:  So for legislative intent of

                this piece of legislation it is your understanding that insurance

                companies will eat this cost?

                             MS. FORREST:  It is my understanding and the

                intention of this bill that there will be minimal impacts on insurance

                costs.

                             MR. BLUMENCRANZ:  But of those minimal

                impacts it is your understanding that insurance companies will pay

                them?

                             MS. FORREST:  Yes.

                             MR. BLUMENCRANZ:  Okay.

                             Why does the bill not contain any meaningful cost

                controls for brand -- brand-name manufacturers themselves?  Why is

                this is going after individuals who are facing the symptoms and not

                the cause of this crisis?

                             MS. FORREST:  Can you repeat the question for me

                again?  I didn't --

                             MR. BLUMENCRANZ:  So what I see here is those

                individuals who can't get their drugs, they're facing the symptom of

                greater issues that New York State and our nation are facing when it
                                                              38




                comes to drug shortages.  Why do you choose to pinpoint a symptom

                and not the actual problem when it comes to drug pricing?

                             MS. FORREST:  Okay.  So, the goal of this bill is to

                ensure that patients have continuity of care and are still able to access

                their -- their necessary medication even when there is a shortage.

                             MR. BLUMENCRANZ:  But --

                             MS. FORREST:  Patients -- can I finish the response?

                             MR. BLUMENCRANZ:  Can I -- can I ask that you

                keep to the -- not the intent of the bill, but the actual practical

                application.  If I wasn't timed I'd let you go on and on.  But I really

                need to get to a lot of questions.  There's a lot of really important parts

                of this bill that need to be addressed.

                             MS. FORREST:  I can choose to answer the way that

                I can answer you.  And the intention of this bill is to address the

                shortage of generic -- generic drugs in -- to generic -- to generic drugs.

                Okay?  Patients should not have to pay more when there is a time of

                shortage.  If we want to talk about the expensive drugs, honestly, if

                prescription drugs were more affordable and the difference in price of

                a brand name versus a generic drug was small, then this bill would not

                actually be necessary.  So we are introducing this bill because of the

                vast --

                             MR. BLUMENCRANZ:  So, how does making --

                             MS. FORREST:  -- difference in prices.

                             MR. BLUMENCRANZ:  I'm sorry.  I didn't mean to

                interrupt you.  I thought you were done.
                                                              39




                             How does making insurance more expensive improve

                access to care for working-class New York families?  Again, if

                insurance companies are gonna eat this cost, they're not just gonna

                write that off.  In the underwriting process for insurance, increased

                costs are passed on to members of the pool, whether it's that business,

                whether it's that company, whether it is any particular ratepayer, that

                money just doesn't -- it just doesn't appear.  So my question to you is,

                how will this not just raise the rates of individuals and give insurance

                companies an excuse to make New York a less affordable place?  And

                they can point directly to legislation like this which doesn't necessarily

                address the crisis when it comes to drugs, but definitely creates a large

                question of what the increase in the cost to New Yorkers on a daily or

                yearly basis may be.

                             MS. FORREST:  For someone who is concerned

                about time, you are repeating the same thing and I'm answering it

                again and again.  In 2024 this only affected 15 drugs.  The FDA has

                made significant improvements since 2003 to address shortages in

                general.  This would have a nominal impact on premiums, insurance

                premiums.

                             MR. BLUMENCRANZ:  Okay.  What analysis has

                been done to give you the confidence to say there are nominal

                impacts?

                             MS. FORREST:  Because shortages are actually quite

                uncommon.  They're rare.  Again, we went from 200 -- what was the

                number -- 200 -- in 2013 we had 251 -- sorry, in 2011 we had 251
                                                              40




                shortages, and now we are down to 2024 where we only had 15.

                There has been great strides to improve the shortages of drugs.  And

                so now it's actually quite uncommon, and so the hit to insurance

                premiums would be nominal.

                             MR. BLUMENCRANZ:  Now, I don't know if you

                remember in 2020 there was a global pandemic.  It halted

                manufacturing.  It disrupted supply chains.  It created significant

                issues for many individuals, especially those who take drugs.  Are you

                telling me that the drug shortage list has always historically gotten

                smaller and thus this is a de minimis issue, or are you telling me as of

                the moment by which you're giving me data, that it is not that big of a

                deal?  So in the future it will never be a big deal?  I'm just trying to

                understand the analysis being done over the course of decades of

                looking at drug shortages and the realities on the ground when it

                comes to American and international manufacturing, when it comes to

                the FDA removing many of its inspectors.  Are those being taken into

                consideration when it comes to the idea that the drug shortage list will

                always stay a handful of drugs?

                             MS. FORREST:  Again, the intention of this bill is to

                ensure patient continuity.  The voters, the constituents and their

                families deserve to have medication available to them because it is

                medically necessary.

                             MR. BLUMENCRANZ:  Do you understand how

                drug price negotiations work with PEOs, pharmacies, large-scale and

                small?  Are you -- are you aware of that process and -- and how it's
                                                              41




                affected by reimbursement?

                             MS. FORREST:  What I do know about the process

                is that my -- my constituents, your constituents, refuse to be the brunt

                of the impact of shortages.  So I'm looking out for your constituents

                and mine to make sure that no matter the negotiations, that they can re

                -- they can afford the medication that they -- that is required for them.

                             MR. BLUMENCRANZ:  I can guarantee you two

                things:  My constituents do not want higher health insurance

                premiums year over year, and they do not want a piece of legislation

                that will guarantee that.

                             MS. FORREST:  Is that a question, Mr. --

                             (Crosstalk)

                             MR. BLUMENCRANZ:  As you've stated, even if it's

                nominal cost to insurers, you have agreed there will be cost increases.

                This piece of legislation will create increases -- sorry, increases for

                individuals who are purchasing insurance in the private marketplace.

                             MS. FORREST:  Was that a question, Mr.

                Blumencranz?

                             MR. BLUMENCRANZ:  Do you disagree with that?

                             MS. FORREST:  I do not agree with you.

                             MR. BLUMENCRANZ:  Okay.

                             ACTING SPEAKER HUNTER:  Would you like to

                take your next 15, Mr. Blumencranz?

                             MR. BLUMENCRANZ:  I'll -- I'll take the next 15.  I

                do have a few more questions.
                                                              42




                             My next few questions, and I can clarify, are not

                related to intent, but practical application of the legislation.  Blue

                Cross Blue Shield specifically warned that pharmacies may refuse to

                dispense these drugs because reimbursements could fall below

                acquisition costs.  For clarity, that means that they literally cannot sell

                the drug any longer.  I have witnessed this happen.  In the very

                example that you have provided, my local pharmacy could no longer

                compete because the reimbursements negotiated with PEOs have

                squeezed local pharmacies to the nth degree.  How does that improve

                patient access if the very health insurance companies you're seeking to

                work with are saying that this could squeeze out the little guy, and my

                constituent or your constituent cannot sit and know safely that their

                local pharmacy can still provide their drugs?  Are you improving

                access and how?

                             MS. FORREST:  I didn't realize you were asking a

                question.  Repeat the question.

                             MR. BLUMENCRANZ:  Subject matter experts,

                companies that provide health insurance, small pharmacies have all

                had serious issues when it comes to rebates.  There are multiple

                factors as to why that is the case.  But one guarantee is that they

                cannot afford to give the drug to you for more money than they can

                purchase the drug.  How does this bill not make that situation more

                untenable for small pharmacies and remove access from communities

                like yours and mine?  I depend on a small pharmacy.  I go to a local

                pharmacist.  She will struggle when this bill is passed.  How do you
                                                              43




                argue she will not struggle?

                             MS. FORREST:  Yes.  So the insurers can -- are

                going to then absorb the cost.  It is a short time.  Most drugs are on the

                list for a short time.

                             MR. BLUMENCRANZ:  What is the average?

                             MS. FORREST:  I don't know.  It depends.  But the

                idea is that the patient --

                             MR. BLUMENCRANZ:  The average --

                             MS. FORREST:  (Indiscernible/crosstalk).  But the

                idea is that the patient will not bear the brunt of the cost of the

                increase to their drugs, their medically-necessary drugs.

                             MR. BLUMENCRANZ:  With all due respect to the

                sponsor, how in good faith can you tell me that there will be a cost

                incurred to insurance companies and insurance companies will 100

                percent pass these costs on to the ratepayers, the companies that work

                with the ratepayers and provide them their insurance, and you're

                gonna tell me there will be no cost?  There will be cost when they sit

                at the register, but year over year there will certainly be a cost and

                you've admitted to that.

                             MS. FORREST:  Again, in 2024 we were talking

                about 15 drugs and there has been a steady decrease in drug shortages

                since 2013.  The only --

                             MR. BLUMENCRANZ:  So if next year it looks

                more like 2013 and less like 2024, would you reconsider this piece of

                legis -- legislation as a good idea?  If that -- if that number gets larger.
                                                              44




                             MS. FORREST:  Right.

                             MR. BLUMENCRANZ:  You would reconsider this

                if this became something that wasn't just a couple of drugs a year?  If

                this was (indiscernible) hundreds.  There have been years where

                they've popped up, like during the COVID pandemic, like other times.

                Like you're saying, in 2013 there was 200 drugs.  Some drugs, the cost

                vector is $5, some drugs it's thousands.  How are you taking that into

                account, and what analysis has been done to show that this won't lead

                to real increases for New Yorkers who are paying for private health

                insurance?

                             MS. FORREST:  Well, in light of now constraints on

                supplies -- supply, right, chain due to a war on -- and also tariffs,

                maybe there might be future shortages.  I cannot predict the future.

                All I know is now my constituents should not and will not and also

                your constituents will not, should not bear the brunt of increases to

                their co-pay for medically-necessary medication.

                             MR. BLUMENCRANZ:  If generic shortages become

                financially beneficial to brand-name manufacturers, then couldn't -- or

                aren't we creating a dangerous incentive structure for companies, a

                profit motive for generic manufacturers with a piece of legislation like

                this?

                             MS. FORREST:  So again, the FDA has been

                working with manufacturers in the past.  They have worked well

                enough to bring a list that was 251 down to 15 in 2024.  So I think the

                process is working, and that manufacturers are able to produce the
                                                              45




                drugs that are necessary for people in most cases.  It is quite rare to be

                on the shortage list now.  But the intention of this bill is to ensure that

                patients who need the medication, they receive it at a cost that is not

                prohibitive to them.

                             MR. BLUMENCRANZ:  So is it a concern to you or

                -- of the real risk to employers, especially small businesses, that they

                may respond to these added costs by reducing benefits or dropping

                coverage all together?  How does your bill address what could

                potentially be severe negative externalities from the passage of this

                legislation?

                             MS. FORREST:  Again, it is not -- it is a nominal

                impact to premiums.

                             MR. BLUMENCRANZ:  Nominal today.  With the

                list as it stands today.  But that list is fluid.  It changes, it can change.

                We could have any -- if you look at the world right now, if you look at

                supply chain disruptions today, would you have pictured them a year

                ago, two years ago?  Can you predict the future and guarantee to me

                that this list will always stay small?

                             MS. FORREST:  I cannot predict the future.

                             MR. BLUMENCRANZ:  Well then you certainly

                can't guarantee to me that this list will continue to go down.  You

                certainly can't guarantee to me that these drug prices, no matter the

                length of time on the list, will come up eventually.  Eventually this

                won't be an issue anymore.  How do you address those negative

                externalities in your piece of legislation?
                                                              46




                             MS. FORREST:  My job as a legislator in New York

                State representing the amazing District of 57 is to protect my patients

                and my constituents as they exist now.  And they need affordable

                drugs that will help them with their condition.

                             MR. BLUMENCRANZ:  They need affordable drugs

                and they need affordable insurance.  It seems like your argument and

                your piece of legislation are at odds with those two concepts.  Are you

                willing to make sure some individuals in your -- or you're willing to

                sacrifice some individuals who will be stuck in this position for others

                who will now be guaranteed to be paying more depending on what

                this list looks like?  Depending on where the FDA is at with what the

                -- what the shortage list looks like?

                             MS. FORREST:  Our constituents that are enrolled in

                a commercial plan who are receiving insurance will continue to

                receive the medication that they need at the co-pay rate that they can

                afford.  Those are the people, people, that this bill seeks to address.

                             MR. BLUMENCRANZ:  So it's silent on the people

                who will now have to pay more because of legislation like this.  So --

                and I'm sorry, I will ask a question related to that.  If a brand-name

                manufacturer knows insurers are legally required to pay, then what

                incentive do they have to keep prices down?  I ask this question

                because I can see a world in which predatory company practices --

                and we've seen this, especially when it comes to drugs -- could

                incentivize keeping production down on a generic because they know

                that if they can get on this list it's a very lucrative thing when they're
                                                              47




                guaranteed a sky-high cost, no matter the cost.  Some drugs, they cost

                millions.  Some drugs, they cost 8,000, $9,000 in a generic.  Your

                insurance covers it, but they would traditionally cover a generic

                instead and they would want to cover a generic instead.  How does

                this bill not address -- how does this bill address that in any capacity?

                             MS. FORREST:  So, the FDA has been working with

                manufacturers to make sure that -- that shortages are prevented and

                resolved.  So that conversation is of course going to be ongoing.  And

                I do not foresee that that conversation will stop.  So again, this bill is

                to make sure that patients still get the medication that they need

                because they require it, at the cost that they can actually access the

                medication.

                             MR. BLUMENCRANZ:  Due to laws passed on a

                Federal level and on a State level, I can no longer go to my same

                pharmacy I went to my whole life to get the same drug because of

                legislation that has fundamentally transformed what that

                reimbursement for pharmacies looks like.  How is this bill no different

                than those?  How is this bill not going to put those small pharmacies

                out of business?  How is this bill going to increase access if it limits

                the number of companies that can provide me a drug?

                             MS. FORREST:  Again, this bill, for example, 2024

                there were only 15 drugs on the shortage list.  This bill would have a

                nominal impact on the cost of premiums and impact to small

                pharmacy businesses because, again, we're talking about a small

                number of drugs on the shortage list.
                                                              48




                             MR. BLUMENCRANZ:  How does an insurance

                pool work for a private insurer for a company that is currently

                utilizing private insurance and providing to its employees?  How does

                that pool work, especially for -- for pharmaceuticals?

                             MS. FORREST:  Are you asking me an industry

                question?

                             MR. BLUMENCRANZ:  I'm asking you a question

                directly related to the bill, because your bill affects how those pools

                function.  So I'm asking how they work because maybe I'm

                misunderstanding them, because I certainly see where the cost can be

                non-nominal, in particular, pools of insureds.

                             MS. FORREST:  We're talking about drugs that is

                only15 on a list [sic].  So --

                             MR. BLUMENCRANZ:  But also it was 230 one

                year.

                             MS. FORREST:  No.  That was in 2013 --

                             MR. BLUMENCRANZ:  Okay.

                             MS. FORREST:  -- where --

                             MR. BLUMENCRANZ:  So that was one year.

                             MS. FORREST:  Are you -- do you want me to

                answer the question or not?

                             MR. BLUMENCRANZ:  I would love you to.  How

                do the insurance pools work?

                             MS. FORREST:  So again, in 20 -- in 2013 the list

                was 251.  Now the list is 200 -- is only 15.  So the FDA has been
                                                              49




                working on drug shortages.  We're talking about drug shortages.  The

                bill seeks to ensure that patients get the medication that they need

                during times of shortages that typically do not last long --

                             MR. BLUMENCRANZ:  How long do they last?

                             MS. FORREST:  -- and as we -- and I have spoke --

                told you multiple times that this bill is addressing shortages that

                historically have lessened over time.  Again, I cannot predict the

                future, but what I can do as a legislator in the State of New York is to

                -- and a nurse -- is to ensure that patients get the medication they need

                when they need it at a cost that is affordable to them.

                             MR. BLUMENCRANZ:  So you said how many

                drugs were on in 2024?  The list?

                             MS. FORREST:  Fifteen.

                             MR. BLUMENCRANZ:  Okay.  This year there's 70.

                So I ask you --

                             MS. FORREST:  In 2026, after tariffs and after wars

                --

                             MR. BLUMENCRANZ:  There are currently --

                             MS. FORREST:  -- have been started?

                             MR. BLUMENCRANZ:  On May 6th, 70 drugs on

                that list.

                             MS. FORREST:  Okay.  Again --

                             MR. BLUMENCRANZ:  So you said it's de minimus.

                I know there are a lot of drugs.  But it is not steadily going down.  The

                world does not move in a linear direction.  There are things that go on
                                                              50




                in the world that affect global supply chains.  We have moved much

                of our global supply of pharmaceuticals, especially generics, to

                countries like China and like India.  If we enter a global conflict, if it

                went from 70 to 7,000, what will this look like for your constituents,

                for my constituents, for New Yorkers?  This bill is tethered to that list.

                And that list, in my understanding -- and you can correct me if I am --

                if I am wrong --

                             MS. FORREST:  I will correct.

                             MR. BLUMENCRANZ:  -- will change.  And if it

                changes to a number that's so significant, then drug access may be off

                the table for many in private insurance in New York.  Am I wrong or

                am I right, depending on the size and scale of the list?

                             MS. FORREST:  So if your question is when

                businesses are struggling that I should let people die, the answer is no.

                If your question is while we are being engaged in warfare due to one

                presidential actor and my constituents need medication, should I let

                people die?  No.  This bill is to -- its tension [sic] is to make sure that

                while there are shortages that people will receive the medication they

                need at a cost that they can afford.

                             ACTING SPEAKER HUNTER:  Thank you.  Thank

                you.  We are needing to do a better job of remaining respectful.

                             Read the last section.

                             THE CLERK:  This act shall take effect immediately.

                             ACTING SPEAKER HUNTER:  A Party vote has

                been requested.
                                                              51




                             Mr. Gandolfo.

                             MR. GANDOLFO:  Thank you, Madam Speaker.

                The Republican Conference will generally be opposed to this bill;

                however, anyone who wishes to vote in the affirmative may do so at

                their desk.

                             ACTING SPEAKER HUNTER:  Ms. Lunsford.

                             MS. LUNSFORD:  This will be a Party vote in the

                affirmative.  If anybody seeks to vote in the negative, they may push

                their button at their seat.  Thank you.

                             ACTING SPEAKER HUNTER:  Thank you.

                             The Clerk will record the vote.

                             (The Clerk recorded the vote.)

                             Mr. Blumencranz to explain his vote.

                             MR. BLUMENCRANZ:  Thank you, Madam

                Speaker.  At a time when New Yorkers are drowning under the weight

                of healthcare costs, I had the teachers and teachers from my district in

                my community in my office saying, We received a raise, but health

                insurance costs for us went up so much it feels like it was nothing at

                all to us.  Those are the kinds of concerns that people from my

                community have had.  When we see that number creep up and up on

                our insurance bill every year as families, that's a real concern.

                             In the private industry I've worked in the insurance

                business, have sold health insurance.  I've gone over it with

                companies.  And I receive the e-mails, This legislation has passed and

                it will materially change our cost structure.  It'll change our
                                                              52




                underwriting.  It'll change how much we'll charge the customer.  You

                might, as a business, need to change how much you charge your

                employee.  How much they're gonna pay and you're gonna pay.  These

                are consequential decisions about affordability, and at a time when

                affordability is at top of mind to every New Yorker.

                             Taking a closer look at legislation like this, it is

                elastic.  Today it's 70.  Before it was 14.  In 2013 it was 200.  COVID,

                the number was large as could be.  Supply chains get disrupted.  This

                world is uncertain.  These costs to our constituents fundamentally

                uncertain and certainly not de minimis.

                             I think we need to take a closer look at creating

                guardrails in legislation like this because the costs can be exponential.

                Exponential to that family who is struggling to get by.  And yes, we

                can guarantee the co-pay may stay the same, but we cannot guarantee

                the trickle-down effects of legislation like this.

                             I'll be voting in the negative.  Thank you.

                             ACTING SPEAKER HUNTER:  Mr. Blumencranz in

                the negative.

                             Ms. Forrest to explain her vote.

                             MS. FORREST:  It is -- thank you, Madam Speaker.

                It is during these times I am so grateful that my district trusted that a

                nurse and a -- a nurse can be a legislator.  A nurse can step up and

                refocus the State in terms of what the priorities are, which is making

                sure that people remain whole.

                             The purpose of this bill is to make sure that no matter
                                                              53




                what tariffs are running, what wars are going, what pandemics are

                roaring outside, that people will continue to maintain safety and

                access to the care that they need in their communities at a price that

                they can afford.

                             People yell about gas prices going up 50 cents.

                Imagine you with an insulin or an ADHD pill or Tylenol, ibuprofen

                that goes up at a price that you cannot afford.  No.  I say that this bill

                is coming at a timely -- at a timely moment where we need it the most.

                When we need it the most in times of insecurity.

                             And so I am a proud not only sponsor, but I'm gonna

                vote yes on this bill to make sure that my constituents and your

                constituents get the stuff that they need when they need it.  When they

                need it when they're sick or when -- and to make sure they stay well.

                             Thank you, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Ms. Forrest in the

                affirmative.

                             Mr. Burroughs to explain his vote.

                             MR. BURROUGHS:  Thank you, Madam Speaker.  I

                just wanted to say, at any level of understanding when there's --

                learning how to plug a fan in for the first time, there's a level of

                education that needs to be had on that specific process of trying to

                learn how to use the fan for the first time.  Whether it be making a cup

                of coffee for the first time, there's a level of education when it comes

                to that.  So I tend to enlist in learning from someone that I consider an

                expert.  In regards to this bill, I think I would listen to someone who
                                                              54




                comes from the world that I consider that person an expert in that

                field.  This bill I think addresses a need that people have.  I can't

                personally speak on what I would do in a specific situation, but I can

                refer to an expert, which is what I do, in consulting with the sponsor.

                And respecting the sponsor as an expert, I think I vote in the

                affirmative for this.  Thank you.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Burroughs in the affirmative.

                             Are there any other votes?  Announce the results.

                             (The Clerk announced the results.)

                             The bill is passed.

                             Page 33, Calendar No. 353, the Clerk will read.


                             THE CLERK:  Assembly No. A03055, Calendar No.

                353, R. Carroll, Reyes, Lee, Torres, Weprin.  An act to amend the

                General Business Law and the Banking Law, in relation to prohibiting

                a consumer reporting agency or lender from using an individual's late

                payment of cashless tolls to determine such individual's credit

                worthiness.

                             ACTING SPEAKER HUNTER:  An explanation has

                been requested.

                             Mr. Carroll.

                             MR. R. CARROLL:  Thank you, Madam Speaker.

                This bill would prohibit reporting agencies from making any

                consumer report containing information regarding the late payment of

                cashless tolls.
                                                              55




                             ACTING SPEAKER HUNTER:  Mr. Durso.

                             MR. DURSO:  Thank you, Madam Speaker.  Would

                the sponsor yield for some questions?

                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?

                             MR. R. CARROLL:  I do.

                             ACTING SPEAKER HUNTER:  The sponsor yields.

                             MR. DURSO:  Thank you, Mr. Carroll.  So can you

                explain to me why this bill is needed?

                             MR. R. CARROLL:  Well, we know -- I am sure

                yourself, like myself, have received an inordinate amount of calls

                from constituents who have not been properly told of payments for

                cashless tolls -- of cashless tolls because of issues and flaws with the

                State's cashless tolling system.

                             MR. DURSO:  So could you give maybe -- because I

                haven't received that many calls.  So can you tell me maybe do you

                have a gist of where they're specifically coming from, those calls?

                             MR. R. CARROLL:  Well, look, I can only tell you

                what I received in my district --

                             MR. DURSO:  Sure.

                             MR. R. CARROLL: -- and most of those people are

                using bridges in New York City or the surrounding counties.  And I've

                had a number of constituents where they had not been a timely told of

                the amount of tolls they had been racking up and then had been hit

                with massive penalties where we had to talk to the Thruway Authority
                                                              56




                and the other tolling agencies, and of course it was not because they

                did not want to pay the tolls that they were incurring.  And so we want

                to make sure that when that happens, that a -- a credit agency isn't

                reported -- that we're not reporting to credit agencies that they're

                delinquent in paying those tolls.

                             MR. DURSO:  Understood.

                             So now would this bill just be specifically for New

                York City or is it a Statewide bill?

                             MR. R. CARROLL:  This is a Statewide bill.

                             MR. DURSO:  So are -- have you received any calls

                or hearing about any issues when it comes to, as you said, late

                payments because of tolls on the Thruway or any other areas or is it

                mostly considered from the New York City area?

                             MR. R. CARROLL:  You know, I -- I believe the

                majority are from the New York City or the surrounding counties

                because of course that's where most of my constituents are doing their

                driving.  But I don't have a pinpoint of if the Verrazzano Bridge is the

                real problem or the Goethals Bridge or is it the Thruway.  I -- I don't

                have that information.

                             MR. DURSO:  Do you think a lot of this is focused

                around the areas that have been implemented with congestion pricing,

                by any chance?

                             MR. R. CARROLL:  I -- I don't believe it's

                specifically connected to congestion pricing.

                             MR. DURSO:  Maybe not specifically, but do you --
                                                              57




                do you find that some of your constituents that are calling your office,

                the reason why they are getting these tolls that they normally wouldn't

                incur and just now leading to fines is because of the institution of

                congestion pricing in that area?

                             MR. R. CARROLL:  I -- I -- I don't.  I think that we

                have received a number of complaints prior to the implementation of

                congestion pricing.  There may be some individuals who right at the

                beginning of congestion pricing were unaware that there was a new

                tolling structure.  But I believe most of that -- people have figured out

                that you now are tolled as you enter Manhattan below 60th Street.

                             MR. DURSO:  Got it.  So now with that being said,

                so this would essentially say that if you get a late payment, right,

                because of a toll that you -- you -- you either went through or didn't

                realize you were going through and -- because obviously it picks up

                your license plate --you'll get sent something in the mail, correct?

                             MR. R. CARROLL:  That's correct.

                             MR. DURSO:  And just saying it just can't be

                reported to credit agencies.

                             MR. R. CARROLL:  That's correct.

                             MR. DURSO:  Okay.  Now we're -- you do not want

                that reported to credit agencies because, as you said, it's -- it's hurting

                those people with their credit, right, that are incurring these fines

                because of something they didn't know about, essentially.

                             MR. R. CARROLL:  Yes.  And that's -- that's current

                law.  There's the Public Authorities Law that also says that your late
                                                              58




                payment of tolls should not be used against you to reporting -- credit

                reporting agencies.

                             MR. DURSO:  So then what does this bill do

                differently?

                             MR. R. CARROLL:  I think this is bringing -- we're

                creating parity and clarity with the Public Authorities Law.

                             MR. DURSO:  In what regard?  So please explain to

                me.  And I apologize.  So the Public Authorities Law is stating that

                credit agencies cannot use late payments on tolls, right, for your credit

                history, right, to affect your credit history.  So what are we doing with

                this?

                             MR. R. CARROLL:  So, I -- I -- I don't believe this

                bill is duplicative, but I think it is clarifying.  And so currently in the

                Public Authorities Law, this bill would align with the prohibition in

                the Public Authority [sic] Law which prohibits public authorities

                operating cashless tolling facilities from reporting late cashless toll

                payments to consumer reporting agencies.

                             MR. DURSO:  And the reason that you're doing that,

                correct, is because you're saying if someone didn't know or realize that

                they were getting this toll or fine, they really shouldn't be responsible

                for it?

                             MR. R. CARROLL:  What we are trying to do is to

                make sure that New Yorkers who oftentimes when they are making

                late payments for tolls, that their credit reports are not being destroyed

                or harmed because of that.  And that is because I think there has
                                                              59




                consistently been a flaw in the cashless tolling system that has allowed

                individuals to rack up large amounts of tolls, get large amounts of

                fines and late payments unbeknownst to themselves.  And I don't think

                you would be shocked that sometimes State agencies are not always

                following the letter of the law or are always not clear in what they are

                supposed to do.  And so what we're doing right here, right now, is

                making it a bright-line rule that they are not gonna report late

                payments for tolls throughout the State of New York, and I think that's

                something we could all agree on.

                             MR. DURSO:  Yes.  But I do have a question for you

                in this regard.  So, obviously, New York State or -- or -- may have an

                issue getting that information to you in the proper time, right, sharing

                that information.  But does this bill do anything to the other penalties

                that incur when you don't pay tolls on time or have late payments on

                tolls?  So in other words, what we're doing is protecting people from

                being reported to credit agencies, correct?

                             MR. R. CARROLL:  Yeah, that's it.  We're not --

                we're not changing the fine or fee structure of any tolls.

                             MR. DURSO:  Understood.  But why do you want

                good credit, right?  We don't want someone's credit getting destroyed,

                right, because of what reasons?

                             MR. R. CARROLL:  Well, there -- there are lots of

                reasons why you'd want good credit; to take out a mortgage, to take

                out a loan.  Whether you're renting an apartment, taking out a credit

                card.  There are a number of reasons why you would want your credit
                                                              60




                to be --

                             MR. DURSO:  It's gonna affect somebody's life.

                Right?

                             MR. R. CARROLL:  Yes.

                             MR. DURSO:  It's gonna affect your -- your

                day-to-day life, right?  I'm assuming that's your -- your intention of the

                bill.

                             MR. R. CARROLL:  Exactly.

                             MR. DURSO:  But it doesn't change currently in New

                York State if you have late fees, you're not paying your tolls.  Your

                registration could be suspended through the DMV, right?  You can

                actually be -- it can be charged with a misdemeanor.  Vehicle could be

                impounded, right?  Those are gonna -- you know, if you can't get to

                work, that's destroying someone's life.  You don't have a car.  If -- if

                you have charged with a misdemeanor, right, technically that could

                destroy your life or affect your life.  I don't see any of that language in

                this bill --

                             MR. R. CARROLL:  Look, this bill is narrowly

                focused to make sure because of an issue that I think is habitual,

                which I believe many members have experienced from complaints

                from their constituents that there is a problem with the delivery of the

                tolls, the late payment, and because of that we don't want that to affect

                the credit worthiness of an individual.  We understand that it's

                important -- and I wanna be very clear -- it's important people pay the

                tolls that they have incurred, and that if they are timely told of those
                                                              61




                tolls that they should timely pay them.  We are not looking to allow

                people to be scofflaws.

                             MR. DURSO:  Under -- understood.  But whose job

                is it to get those bills out to those who have used those tolls in a timely

                manner?

                             MR. R. CARROLL:  I believe it's the Thruway

                Authority and the other authorities that --

                             MR. DURSO:  So instead of --

                             MR. R. CARROLL:  -- toll the bridges and tunnels.

                             MR. DURSO:  Right.  The -- the reason -- I

                apologize, I didn't mean to interrupt.  So if we're protecting the

                residents, right, from the bridge and toll authority or whoever, the

                Thruway Authority from -- because they're not doing their job

                correctly, why don't we just hold them accountable instead?  Why are

                we letting people, right, possibly, not all, of course -- listen, people

                make mistakes all the time.  We understand that.  But what we're

                doing is, credit worthiness and something being held against your

                credit is, again, somewhat of a -- a punishment, correct?  Because if I

                decide every day I don't wanna pay the tolls, right, and I don't have a

                -- you know, it -- it's not going to affect me in any other way, it's not

                gonna affect my credit, there's no punishment.  There -- there's

                nothing holding anything against me.

                             MR. R. CARROLL:  Well, there are other ways.  I

                mean, the Thruway Authority, the Triborough Bridge Authority, the

                MTA have other means, as you've suggested before, to come after you
                                                              62




                if you continuously --

                             MR. DURSO:  Right.  So why only credit worthiness,

                then?

                             MR. R. CARROLL:  Well, I think we're talking about

                -- because we believe, I believe, that there is a unique issue here that

                there are an inordinate amount of New Yorkers who are not being in a

                timely way being told about the tolls that they owe, and then suddenly

                they are being saddled and hit with large fines and the hits on their

                credit worthiness.  That's what we're trying to fix here.  We, of course,

                as the Legislature, do not run the Thruway Authority, the MTA or the

                Triborough Bridge Authority, and so the only thing that we can do is

                protect consumers, protect New Yorkers.  This is a way to protect

                consumers and New Yorkers who are not looking to not pay their

                bills.  It's that unbeknownst to them, they have incurred tolls and then

                suddenly they are hit with a deluge of, You owe thousands of dollars

                in tolls.  You owe thousands of -- there's a specific constituent I can

                think of who suddenly was hit with a $1,500 bill with -- when you

                compounded late fees, interest and the tolls.  And, you know, he got

                that all at once.  And this was a senior; that was unfair to him.  We're

                trying to solve that issue.  Hopefully we can work with our other

                partners in government to make sure that these different authorities

                are more timely sending out notices for the tolls for individuals who

                don't have E-ZPass because, of course, that's the issue here is that they

                are -- this almost exclusively happens with individuals who don't have

                E-ZPass, which as you probably know, disproportionately are people
                                                              63




                who are elderly, unemployed, low-income.  Because, you know, they

                do not have the means or the ability to kind of connect an account

                maybe directly to an E-ZPass reader.

                             MR. DURSO:  Un -- understood.  And I am all for

                protecting the con -- the consumer, our residents, our constituents that

                we all represent.  I just look at it as the overarching issue, right, which

                you alluded to, which is that the -- whether it's the bridge or toll

                authority, the -- the Thruway Authority, what you're saying is not

                doing their job and getting those bills out to those residents in a timely

                manner so that they don't have to pay those fines.  So my question is,

                if we -- and as you said, we don't control the MTA, we don't control --

                but we can legislate.  I've heard that a million times in this Chamber.

                We can legislate.  Why aren't we legislating that as opposed to letting

                people get away with something that they -- some people it's gonna

                help, some people we just let them get away with it.  Why aren't we

                holding the authorities accountable as opposed to saying it's gonna

                affect your credit worthiness?  I don't see any legislation in here to do

                that.

                             MR. R. CARROLL:  So I -- I think holding public

                authorities accountable is important and doing oversight is deeply

                important, and I think we should do that.  And I think if you have a

                recommendation for a bill that would better hold them accountable to

                make sure they send out bills in a timely fashion and a more orderly

                fashion and make sure that they adopt the best practices so that those

                come out regularly and that fines do not seem to be done in a way that
                                                              64




                is, you know, kind of on-the-fly or in a way that is not uniform, I think

                that would be a great idea and I'm sure there would be lots of people

                in this Chamber who would like to look at ideas and figure out ways

                to do that.

                             MR. DURSO:  Can we do that together?  We'll do --

                you could be the first co-sponsor if I write the bill.

                             MR. R. CARROLL:  Carroll/Durso sounds fantastic.

                             MR. DURSO:  Sounds phenomenal.  I -- I look

                forward to sending that over to your office.  That's true, too.

                             MR. R. CARROLL:  You're gonna get us in trouble.

                             MR. DURSO:  That's -- that's okay.  I -- I live in that

                world.

                             So as you said, so just so I have it clear, this is

                Statewide.  So in other words, if someone is going onto the New York

                State Thruway, right, they do not live in New York City.  Let's say

                they're coming from Long Island or they're coming from Westchester

                and they're traveling to Albany and they drive through a toll booth and

                they do not have an E-ZPass -- or let's say they do have an E-ZPass

                and they just decide to not pay it, right?  Because this is gonna cover

                both.  This is not only gonna cover those -- our seniors, those that are

                -- are not as financially stable as others.  This is gonna cover those

                that do have an E-ZPass.  So I have an E-ZPass.  I travel from Long

                Island.  If I decide to not pay my bill, right, this is not gonna affect my

                credit?

                             MR. R. CARROLL:  That is correct.
                                                              65




                             MR. DURSO:  So how is it fair?  So if we're sitting

                here wanting to protect those residents, as you said, our seniors, our

                disadvantaged, right, that they get -- it doesn't affect their credit

                worthiness, but someone like myself who has it hooked into my credit

                card or my checking account could just stop that.  I don't -- I'm gonna

                take my checking account off it, I'm gonna hold my checking account.

                It's not gonna affect my credit worthiness.  How is that fair to

                someone like me, comparing it to someone else?

                             MR. R. CARROLL:  So I think we're trying to create

                a -- first thing, we're bringing -- you know, this isn't duplicative, but

                we're bringing this into compliance with other law to make it very

                clear that the late payment or nonpayment of a cashless toll is not

                going to affect your credit worthiness.  It does not seem like it would

                be practicable or possible to kind of differentiate between each

                different type of driver and how their license plate was read, whether

                they had an E-ZPass connected to it or not.  And so I think this

                one-size-fits-all scenario is fairest and is the most implementable and

                also complies with current law.

                             MR. DURSO:  Thank you, Mr. Carroll.  I appreciate

                your time.

                             MR. R. CARROLL:  Thank you.

                             MR. DURSO:  Madam Speaker, on the bill quickly?

                             ACTING SPEAKER HUNTER:  Yes, on the bill.

                             MR. DURSO:  So, I appreciate the sponsor

                answering the questions.  Once again, this is about fairness and I
                                                              66




                understand we all want to stick up for our residents and constituents.  I

                think it just proves two things:  One is that congestion pricing, once

                again, is a complete and utter failure; and two is that we want to make

                laws and -- and -- and regulations for everybody to keep them safe and

                protect our residents, but some of these agencies, we could be sitting

                here doing a bill right now holding them accountable, and instead of

                doing that what we're doing is going the opposite way and making

                sure people don't have to pay the bills and the things that they should

                be accountable for.

                             So I look forward to the sponsor sponsoring my bill.

                Thank you, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Pirozzolo.

                             MR. PIROZZOLO:  Thank you, Madam -- Madam

                Speaker.  Will the sponsor please yield?

                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?

                             MR. R. CARROLL:  Madam Speaker, I think I'm

                gonna get some more bill ideas.  I yield.

                             ACTING SPEAKER HUNTER:  Thank you.  The

                sponsor yields.

                             MR. PIROZZOLO:  And if you do, I'd like you to be

                my co-sponsor, please.

                             So, I like the intent of your bill without a doubt.  I

                don't know that I'm gonna vote for your bill, along the lines of what
                                                              67




                Mr. Durso said.  So I want to ask you a few different questions.  So I

                don't know that if I would agree that most of these problems happen

                with people who don't have E-ZPass.  I will say that this issue is a -- is

                a tremendous issue in my office.  Probably one where I get the most

                phone calls, and it's the most egregious as far as fines.  I mean, we

                literally have people calling with 10s-, 20s- and 30,000 of dollars

                worth of bills and worth of fines that it could be arguable that maybe

                they did or didn't know about it, but now we have to do something

                about it.  But what you're talking about here is the late payment of

                cashless tolls.  So in New York State, New York City the only

                company that I'm aware of that collects cashless tolls would be

                E-ZPass.  Can we agree on that?

                             MR. R. CARROLL:  I believe that's correct.

                             MR. PIROZZOLO:  Okay.  And from the legislation

                I've looked into, E-ZPass is kind of the authority or Body that sets

                those fines and fees.  Would that be correct?

                             MR. R. CARROLL:  I believe that's correct.

                             MR. PIROZZOLO:  Okay.  So then the authority

                itself, which would be the MTA, the Thruway Authority, whatever,

                really has nothing to do with the fines and fees that are set by E-ZPass.

                             MR. R. CARROLL:  I believe -- and we're happy to

                get back to you if this is incorrect -- but I believe that the MTA, the

                Thruway Authority and the Triborough Bridge Authority, they

                themselves have a board that set the tolling limits for the -- the

                bridges, tunnels and roads that they operate.  And so I don't believe
                                                              68




                they cede all of that authority to E-ZPass, which I believe is the

                operator of the system and is the, you know, purveyor of the bills and

                late fees, et cetera.  And they may have a contract that allows them to

                take on some of the risk or to take on different things to go out and

                figure out how to collect payments, especially from those who maybe

                have late payments or penalties.

                             MR. PIROZZOLO:  So I'm gonna agree with that, but

                I'm gonna break it down a little bit because you said the tolling

                structure.  You did not mention the fine and fee structure.  So the

                authorities 100 percent have the ability to create, This is a $20 toll

                versus a $15 toll.  But they do not create, This is a $50 fine or a $20

                penalty.  That's pretty much set by E-ZPass.

                             MR. R. CARROLL:  So again, you know, this bill is

                specifically around late payment and around making sure that it

                doesn't hurt the credit worthiness of an individual when they make a

                late payment.  If you also have an idea for a different oversight or

                regulation, I'm sure there are members in this Body who would be

                interest in discussing that.  But that's, of course, not what this bill

                does.

                             MR. PIROZZOLO:  I understand.  But I'm trying to

                get there to what this bill does, and you did not answer my question of

                saying that E-ZPass has the control of generating these toll -- or these

                fees and fines -- because you're saying tolls -- fees and fines that

                generate the need of a credit worthiness report, right?  So it is a huge,

                huge problem.  But as a legislature, we are allowing this to happen.
                                                              69




                So I know that you want to go with the late payment.  And you're also

                assuming that it's the Thruway Authority, from what I heard, that

                they're the ones sending out these bills late, when I get my E-ZPass

                statement it does not say New York State Thruway Authority, it does

                not say MTA.  It says E-ZPass.  So this bill is really not doing

                anything to fix the problem that you're trying to solve.

                             MR. R. CARROLL:  Well, we'll we're trying to solve

                a very specific problem.  I think you are identifying a different

                problem.  We're trying to make sure that New Yorkers who have not

                paid their tolls in a timely manner -- of which I believe many of them

                haven't paid those tolls in a timely manner because they have not been

                received and sent to them in a timely manner -- that that does not hurt

                their credit ratings.  You are discussing an entirely different subject,

                which is, you know, how the tolling fee and fine structure and the

                timeliness of those tolls, fees are sent to individuals, whether they are

                E-ZPass holders or not.  And that's a different area.  It may have lots

                of merit and it's something that I'm sure other legislation could, in

                theory, address.

                             MR. PIROZZOLO:  I agree that it's a different area,

                but I'm only discussing it simply because you discussed it.  And by

                your discussing it, that kind of puts it out there because I'm asking --

                             MR. R. CARROLL:  I -- I don't believe this is a court

                of law where I've opened up --

                             (Indiscernible/crosstalk)

                             ACTING SPEAKER HUNTER:  Can we please,
                                                              70




                again, ask a question and answer and not talk over each other, please?

                Thank you.

                             MR. PIROZZOLO:  So once again, the only reason

                I'm discussing it is simply because I believe you discussed it.  And as

                we're talking to this particular bill, I'd like to know how the things you

                discussed, right, are determined.  Like, what is the fee -- I -- I

                understand you don't want the credit report to go.  I'm not disagreeing

                with that.  But I'm talking about how you discussed that the Thruway

                Authority or the authority determines these fees, and I'm saying they're

                not.  So I am talking about what you're talking about.

                             MR. R. CARROLL:  Look, this bill has a narrow

                focus to talk about the credit worthiness and making sure, whether it

                be a State authority or E-ZPass, does not report to credit agencies the

                late payment of a toll or a fee.  I'd also like to note that I do believe the

                Thruway Authority, the MTA, the Triborough Bridge Authority have

                the ability to levy late fees and other fines if they so see fit.  But that is

                not germane or what this bill is about.  This is a bill that is narrowly

                focused to making sure that late payments to E-ZPass or any other

                entity that would request a toll or a late fee from a driver does not

                impact somebody's credit report or credit worthiness.

                             MR. PIROZZOLO:  So once again, I'm kind of

                agreeing with you; however, these are the things that you spoke about

                and I want clarification on the things that you spoke about with this

                bill.  Let's just -- you know, as far as E-ZPass, you're talking about the

                payment of cashless tolls.  It is determined by E-ZPass.  If my
                                                              71




                constituents then wanted to speak to E-ZPass so they could determine

                how they can pay their bill in a timely manner so they don't have to

                worry about a credit worthiness issue, is there a number that a

                consumer can call E-ZPass?

                             MR. R. CARROLL:  The bill doesn't speak to that,

                nor do I personally know right now the best way a individual

                constituent can contact E-ZPass.  I do know, and I have a wonderful

                staff, they have consistently worked with whether it be E-ZPass or one

                of the bridge and tunnel and road authorities to deal with issues

                around late payment fees and fines.  And so though the bureaucracy is

                very difficult, I do believe there are avenues, but this is not what the

                bill is about or speaks to in any way, shape or form.  And I

                recommend that if there is an issue there, that different members look

                into it, research and draft such legislation if they see fit.

                             MR. PIROZZOLO:  Okay.  So once again, I'm not

                disagreeing with you, but I'm discussing it because you discussed it.

                And I will answer those questions that I asked about the possibility of

                having a -- an authority or someone call a credit agency and say this

                person is deficient in their payment.  There is no number that a New

                York State consumer can call for E-ZPass.  I can't even call as a New

                York State Legislator a number for New York State E-ZPass.  If we do

                happen to get through to someone, the only thing that they are

                interested in doing -- and I'll give you an example that has happened

                in my office.  Someone has a $30,000 fine on top of whatever their

                tolls are.  The only thing they want to know is not were they right or
                                                              72




                wrong in making the assessment of that toll.  The only thing they will

                give to us is, I'll tell you what?  They only have to pay $15,000.

                Here's how you pay.  So really what I'm trying to point out about your

                bill is it's the cart before the horse.  I think what you need to do is fix

                the problem so legislation like yours would not be necessary.  Because

                if consumers and my constituents and yours and everyone's had the

                ability to reach out to any cashless toll company to discuss why they

                have these huge fines, Please let me pay them so you don't have to

                report me to a credit agency, we would all be better off.

                             MR. R. CARROLL:  I -- I don't believe there was a

                question there.

                             MR. PIROZZOLO:  Well, do you agree with me?

                Now there's a question.

                             MR. R. CARROLL:  I -- I -- I do believe there is a

                way, and I -- I feel your frustration with adjudicating large fines and

                fees that constituents face, oftentimes unbeknownst to them because

                of improper notice of those large tolls to those constituents, and I

                think this bill does address one of the primary issues, which is an

                unnecessary hit to that individual's credit report.  There may be other

                issues that we can solve with future pieces of legislation, and it sounds

                like you would be very interested in working towards that goal and I --

                I recommend that and I'm sure there are others who would also be

                interested in working on those issues.

                             MR. PIROZZOLO:  Thank you, Mr. Carroll.

                             If I may, on the bill, Madam Speaker.
                                                              73




                             ACTING SPEAKER HUNTER:  On the bill.

                             MR. PIROZZOLO:  So the sponsor just used the term

                "unnecessary," and I'm going to qualify that by saying that's exactly

                what I think of this particular piece of legislation.  Because he is

                correct in identifying a problem.  There is no doubt that this problem

                exists.  But this legislation does not do anything to remedy that

                problem in any way, size, shape or form.  All this legislation does is

                allow it to continue, allow it to get worse.  It is our job as legislators to

                make sure problems like this do not occur in our constituents' lives.

                And the only way to do that is to regulate in E-ZPass, because they are

                the problem; to talk to the Thruway Authority, the MTA or whatever

                it is, and to create legislation so this doesn't happen.  This Body has

                given a blank check to E-ZPass to charge whatever fine or fee they

                want to charge on whatever the toll is.  It could be a $10 toll with a

                $50 processing fee.  It could be a $20 toll with a $100 processing fee.

                There is no rhyme, reason or regulation as to how these fees that are

                causing these credit reports to happen are governed, decided or

                determined.  That's our job.

                             So the reason I don't like this bill is because it doesn't

                solve the problem.  This bill is a waste of my time.  So I'm gonna be

                voting no, and I would suggest that everyone else vote no.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Ms. Bailey.

                             MS. BAILEY:  Thank you, Madam Speaker.  Would

                the sponsor yield for just a couple of questions?
                                                              74




                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?

                             MR. R. CARROLL:  I do.

                             ACTING SPEAKER HUNTER:  The sponsor yields.

                             MS. BAILEY:  In -- at the face of this piece of

                legislation I -- I would agree.  It's very interesting and timely.  I just

                was dealing with a constituent in my office who got -- we were

                working on tolls that they had received that was not their vehicle in

                which they were driving.  It was on a bridge down in New York City,

                and lo and behold, in walks a notice from the collection agency.

                             So I guess my question would be, in your research in

                deal -- in working with some of our constituents, what's the timeframe

                that we typically see that the -- the collection agencies are getting

                involved right now with our cashless tolls?

                             MR. R. CARROLL:  You know, I -- I don't have a

                specific answer to that.

                             MS. BAILEY:  Okay.  And the reason I ask that

                question is, you know, as some of my colleagues have mentioned, I

                think it's more of a systemic issue that we have when we're looking at

                this.  And some of the frustration is being able to get to the authority

                in which we need to to help our constituents, or them being able to

                get.  So when the credit agency forwards the collection questionnaire

                or, you know, collection notice to the residents, do you know typically

                how long or how many of those actually end up on someone's credit

                report?  Do we have that data?
                                                              75




                             MR. R. CARROLL:  Is the question you're asking is

                when a credit -- when a debt collector is used by whether it be

                E-ZPass or the Thruway Authority or any other entity that has not

                gotten a toll, how often that credit -- that debt collector then reports

                that debt to a credit agency that decides your credit score?  Is that the

                question?

                             MS. BAILEY:  Absolutely, yes.

                             MR. R. CARROLL:  I -- I do not have that answer for

                you.

                             MS. BAILEY:  Okay.

                             Madam Speaker, on the bill.

                             ACTING SPEAKER HUNTER:  On the bill.

                             MS. BAILEY:  Thank you to the sponsor for

                answering my questions.  And at face value I like this bill.  But I really

                believe we are -- we are attempting to put a band-aid on a more

                systemic issue that we have.  The -- the constituent that I -- that I

                mentioned was not in New York City.  She wasn't even on the New

                York State Thruway.  And it happened to be the -- the vehicle of her

                deceased husband that the license plate came up on down in New

                York City.  And then our office was in the process of working with the

                Thruway Authority on that to ensure that that got taken off because

                those tolls and those late fees that were showing up were not hers.

                And in walked the letter to the collection agency.  Now I've been told

                by the Thruway Authority that it has been taken care of and they will

                get in touch with the collection agency.  But I think what we need to
                                                              76




                do and we have the power in this -- in this House here to put forward

                legislation that would take a look at or get some of the information on

                how many of these late fees are getting turned over to collections and

                what is that having -- what impact is that having on folks' credit as we

                talk about it here today versus the frustration in the way in which the

                system may or may not be working.  And, you know, I -- I thank the

                sponsor for bringing this forward.  I think we need to do a better job in

                correcting the systemic issue rather than just putting a band-aid on a

                very small piece of a system that is truly broken, in my mind.

                             Thank you.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Carroll.

                             MR. R. CARROLL:  On the bill.

                             ACTING SPEAKER HUNTER:  On the bill.

                             MR. R. CARROLL:  This bill, though not expansive,

                solves a clear problem, and that problem is to make sure that New

                Yorkers who, unbeknownst to them, have -- who have not paid their

                cashless tolling bills or penalties do not have their credit report

                destroyed by credit agencies and by debt collectors.  This is a

                commonsense, simple bill.  Other reforms may be needed, but I hope

                my colleagues in the Chamber realize the utility of this and vote in the

                affirmative.

                             Thank you, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Read the last section.
                                                              77




                             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, generally speaking, be in the negative on

                this legislation, but affirmative votes may be cast at the seats right

                now.

                             Thank you.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Ms. Lunsford.

                             MS. LUNSFORD:  The Majority Conference will

                generally be in the affirmative on this commonsense bill, and if

                anyone would like to deviate from that they are welcome to by

                pushing the button at their desk.

                             Thank you very much.

                             ACTING SPEAKER HUNTER:  Thank you.

                             The Clerk will record the vote.

                             (The Clerk recorded the vote.)

                             Ms. Lunsford to explain her vote.

                             MS. LUNSFORD:  Thank you, Madam Speaker.  I

                want to take a moment to thank the sponsor of this bill.  Like my

                colleague from AD 133, I've had very similar situations where people

                have been receiving tolls that were truly not theirs.  Not even ones

                they hadn't noticed, but were truly misassigned to them.  And the
                                                              78




                situation we were finding ourselves in is by the time we were able to

                contact the Thruway Authority and work through it that these were

                being sent to collections.  To the extent that this bill will allow us to

                have more time to address these issues of truly erroneous tolls that

                have been sent to people who were nowhere near where the toll was

                collected, I think that this is going to go a long way towards making

                easier a problem that can very quickly spin out of control.

                             I think also the bill that I passed yesterday with

                regards to assessing how many people may be working in our State

                agencies may help us get better in touch with those who are or are not

                at their desks at these authorities.

                             Thank you very much.  Have a great day.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Ms. Lunsford in the affirmative.

                             Mr. Jensen to explain his vote.

                             MR. JENSEN:  Thank you, Madam Speaker, to

                explain my vote.

                             I think today's debate on this legislation is indicative

                of a larger problem we have with the cashless tolls across the State.

                Certainly, we've heard our colleagues talk about constituents getting

                tolls for places they never were.  But I think indicative is a larger

                failure for New Yorkers to understand why they're getting the bills and

                the tolls they're being sent.  Certainly, when you get 19 pieces of mail

                for trips across the Thruway by each tolling location rather than a

                collective trip or over a billing month, that shows that there is massive
                                                              79




                inefficiency and ineffectiveness.

                             So I think while I'm voting for this bill, I think it's

                important whether it's the sponsor of this legislation or any -- any

                other member of this Body, to really focus on how can we actually

                make the cashless tolling and billing process work the way it's

                intended to ensure fairness for all New Yorkers.

                             Thank you, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Jensen in the affirmative.

                             Mr. Reilly to explain his vote.

                             MR. REILLY:  Thank you, Madam Speaker, to

                explain my vote.  So, one of the issues that I've been dealing with over

                the last three years is cashless tolling and E-ZPass tolls.  And what

                I've -- I've been contacted by at least 150 constituents regarding them

                not receiving appropriate notification for those tolls.  I've called on the

                Attorney General, the State Comptroller to do an audit on the E-ZPass

                contract and tolling throughout all our agencies that control the tolling

                aspect.  One of these things is that people do not get their

                notifications.  And it's been proven that the system has backlogged

                those notifications.  Individuals have been placed into debt because of

                this.  And the reason why is they charge enormous fines and fees for a

                $20 toll on the Verrazzano, if you owed -- because you didn't get

                notified, you had a problem with your card and you owed $3,000 in

                tolls, they're assessing $20,000 in fines and fees.  And the ironic thing

                is, through my investigation I found out that the MTA changed the
                                                              80




                way they address their bond rating.  They count tolls received, tolls

                revenue, as fines and fees.  That was never the case before.  So

                cashless tolling and E-ZPass has inflated the money revenue for the

                MTA to improve bond ratings.  That is something that I call on every

                government agency to look into, which I have been doing.

                             So this protects consumers, drivers.  But I also want

                to ensure that everyone must pay their -- their tolls.

                             ACTING SPEAKER HUNTER:  How do you vote,

                Mr. Reilly?

                             MR. REILLY:  I vote in the affirmative.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Reilly in the affirmative.

                             Ms. Bailey to explain her vote.

                             MS. BAILEY:  Thank you, Madam Speaker.  I rise to

                explain my vote.  As I just shared, I believe the system is quite flawed.

                But when I think about the constituents that I'm helping most

                frequently, it's individuals who have not incurred these tolls on the

                Thruway.  It's not like they just chose not to pay a toll for a family

                drive down the Thruway.  It's bills that are coming to them for

                vehicles that are not theirs; license plates that have been read

                incorrectly on the system.

                             Coming from the office that, you know, oversaw

                public records that got put on to folks' credit reports, I also understand

                the headache that it is to get things removed that were erroneously put

                on to someone's credit report.  And therefore, for those residents in my
                                                              81




                district and across the State that have had this happen to them, I will

                be voting in the affirmative.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Ms. Bailey in the affirmative.

                             Mr. Tannousis to explain his vote.

                             MR. TANNOUSIS:  Thank you, Madam Speaker.

                This is probably one of the single-most common constituent

                complaints that my office gets.  And the reason why we get this

                complaint is because you cannot get anyone on the phone with

                E-ZPass.  There's either an issue with the E-ZPass object itself in the

                car, or perhaps the person that calls me is going through a divorce, no

                longer lives at their -- at their home, or most of the time they're not

                even getting the letters at all.

                             I begrudgingly vote for this bill today.  I didn't want

                to vote for this because I do believe people should be held accountable

                for what they owe.  However, the State, the MTA and E-ZPass have

                made this situation unimaginable for my constituents, and that is the

                reason I am voting yes.  But I urge my colleagues, myself, my other

                colleagues to push forth for accountability both from the MTA and

                from E-ZPass.

                             Thank you very much.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Tannousis in the affirmative.

                             Mr. Durso to explain his vote.

                             MR. DURSO:  Thank you, Madam Speaker.  So I -- I
                                                              82




                agree with my colleague; begrudgingly I will be voting yes on this bill.

                Not because I believe in not -- not that I do not want to protect our

                residents, because I do, and especially those who do not deserve it.

                But again, we need to hold the authorities accountable, and we can do

                that here in this Chamber.  So as I said before, I look forward to my

                colleague cosponsoring my bill that will be out tomorrow.

                             (Laughter)

                             But -- but again, this is to protect the residents that

                are receiving those bills when they should not.  But unfortunately, the

                way this bill is presented and written it's also going to be protecting

                those who decide, I'm gonna go for a drive down the Thruway.  Or I'm

                gonna cross the Verrazzano Bridge knowing that there is a toll, and

                just saying, I don't want to pay it.  Unfortunately, though, this bill only

                goes one way.

                             So to protect those from making sure their credit do

                not get screwed up when it shouldn't be, I'll be voting yes.  But we

                should be holding those authorities accountable, and we can do that in

                this Chamber.  We have that ability.  We do it every day with

                authorities throughout this State.  There's no reason we shouldn't be

                doing it right now, and we could be doing it with a piece of legislation

                like this, so I look forward to doing that.

                             Thank you, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Durso in the affirmative.

                             Are there any other votes?  Announce the results.
                                                              83




                             (The Clerk announced the results.)

                             The bill is passed.

                             Ms. Lunsford.

                             MS. LUNSFORD:  Madam Speaker, we would like

                to continue our work on the floor today with the next three bills:

                Calendar No. 359 by Mr. Zaccaro, Calendar No. 128 by Mr. Sayegh,

                and Calendar No. 165 by Mr. Weprin.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Page 34, Calendar No. 359, the Clerk will read.


                             THE CLERK:  Assembly No. A08263-B, Calendar

                No. 359, Zaccaro, Shimsky, Reyes, K. Brown, Gallahan, Kelles,

                Burroughs, Ramos, Taylor, Brook-Krasny, Levenberg, Cruz.  An act

                to amend the Executive Law, in relation to training of State Police and

                local police departments on the Address Confidentiality Program.

                             ACTING SPEAKER HUNTER:  An explanation has

                been requested.

                             Mr. Zaccaro.

                             MR. ZACCARO:  New York's Address

                Confidentiality Program provides eligible individuals with a substitute

                P. O. Box to protect their real address, which State and local agencies

                must accept.  Court documents could be sent to the Secretary of State

                for confidential forwarding.  The program serves victims of domestic

                violence, stalking, sexual offenses, human trafficking and certain

                reproductive healthcare-related individuals and their families.

                Mandating police training on ACP protocols is essential to providing
                                                              84




                and protecting victims' safety, prevent accidental disclosure of

                confidential addresses, and ensuring legal compliance and maintaining

                consistent implementation across jurisdictions.

                             ACTING SPEAKER HUNTER:  Mr. Angelino.

                             MR. ANGELINO:  Good afternoon, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Good afternoon.

                             MR. ANGELINO:  Would you ask the sponsor to

                yield, please?

                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?

                             MR. ZACCARO:  Yes, I will.

                             ACTING SPEAKER HUNTER:  The sponsor yields.

                             MR. ANGELINO:  Good afternoon.  I listened to

                your explanation.  So this bill compliments Section, I think it's 108 of

                the Executive Law?

                             MR. ZACCARO:  Yes, it does.

                             MR. ANGELINO:  Okay.  And Section 108 of the

                Executive Law deals with the AC -- excuse me, CAP, Confidential

                Address Program, CAP.

                             MR. ZACCARO:  ACP.

                             MR. ANGELINO:  ACP?

                             MR. ZACCARO:  Address Confidentiality Program.

                             MR. ANGELINO:  Oh, I'm gonna be saying this

                wrong the whole time, then.

                             So in Section 108 of the Executive Law, the -- the
                                                              85




                Secretary of State of New York State is allowed to administer the

                rules, regulations and how the ACP is administered; is that correct?

                             MR. ZACCARO:  That's correct.

                             MR. ANGELINO:  Do we know -- also, I noticed

                when I read Section 108 it discusses that each year a report is

                supposed to be delivered to the Legislature regarding this program.

                I'm aware of the program.  I wasn't aware of that portion.  Do we

                know how many people are in this program?

                             MR. ZACCARO:  I -- I can't speak to that because I

                haven't -- we haven't seen a report.

                             MR. ANGELINO:  Yeah, I -- I have not either, but

                like I said, I just learned of that and I was hoping -- I think it even says

                it's supposed to be done by county.  So that would be interesting.  And

                I'll -- I'll follow up with that later.

                             Why is this statute necessary?

                             MR. ZACCARO:  So, what the bill does and -- and

                why we feel it's necessary is, you know, oftentimes you will find that

                survivors of domestic violence are in situations and we've seen

                situations -- personally, I've had staff on my team who have fallen

                victim to having their address in a situation be put on documents that

                shouldn't have been put on documents and be put at risk.  And so for

                that reason we found it necessary to make sure that this piece of

                legislation goes into already crafted police training to ensure that

                officers are trained on the protocols of this program to ensure that

                situations like that don't happen again for survivors.
                                                              86




                             MR. ANGELINO:  Were -- were those documents

                you talked about, were those generated by a police agency?

                             MR. ZACCARO:  I can't recall specifically, but if I'm

                not mistaken they could have been court documents.

                             MR. ANGELINO:  Thank you.

                             Is there any other profession or job function or Civil

                Service position that is covered by this?  Is it just police officers?

                             MR. ZACCARO:  Yes.

                             MR. ANGELINO:  So was there a specific problem

                with a police department or agency or a particular officer that caused

                this?

                             MR. ZACCARO:  No.

                             MR. ANGELINO:  Okay.  So there's no documented

                failures of the system?

                             MR. ZACCARO:  I -- I just kind of highlighted one

                of those instances that happened personally to one of my staff

                members.  And so -- I mean, and in talking with other police -- with

                other law enforcement organizations we found and we've seen that

                generally roughly a little over 10,000 people, from what we know and

                from what we've been told, are sometimes affected by this.

                             MR. ANGELINO:  Okay.

                             MR. ZACCARO:  And are -- and also -- let me -- let

                me take that back.  Not are affected by this, but are engaged in this

                program.

                             MR. ANGELINO:  Okay.  So that was like my first
                                                              87




                question.  How many people are in the program.  So we think it's

                around 10,000 people in New York State.  I -- I don't know if you -- so

                one of my first questions was how many people.  So we can surmise

                it's around 10,000?

                             MR. ZACCARO:  Roughly.  I don't have an exact

                number, but that's what we were told when we were in

                communication with law enforcement organizations on this bill.

                             MR. ANGELINO:  Will this apply to all police

                officers in New York State?

                             MR. ZACCARO:  Yes, all local and State police

                officers.

                             MR. ANGELINO:  And I kind of alluded to it earlier,

                but this doesn't apply to letter carriers or postal employees, does it?

                             MR. ZACCARO:  No.

                             MR. ANGELINO:  I noticed the fiscal note is TBD,

                to -- to be determined.  Is -- I guess getting down to -- I don't know if

                this is germane to the bill, but does New York State pay the postage?

                I -- I know how the system works, but when it goes to that special

                P.O. Box and then gets forwarded, it's just part of the original postage,

                correct?

                             MR. ZACCARO:  I'm not sure, because that -- that

                doesn't speak specifically to this bill, so I'm not sure.

                             MR. ANGELINO:  I -- I didn't think so, either.  It

                was just one of my curiosity things as I started thinking about it.

                             So we're -- we're directing police agencies across the
                                                              88




                State to be trained and awareness in this.  Is -- is there any training

                syllabus or a lesson plan or something that we need to use?

                             MR. ZACCARO:  So, from -- from what I under --

                this -- this bill specifically is -- this training is going to be

                implemented already into existing training that law enforcement

                officers already receive.

                             MR. ANGELINO:  All right.  One of the -- one of the

                tenets of training is look for an issue, conduct the training.  You know,

                watch the training and then assess the training.  Is there any way we're

                gonna be able to assess if this training was successful?

                             MR. ZACCARO:  So what I can tell you is the bill

                will mandate that the Division of Criminal Justice Services confirm

                compliance with training requirements, ensuring accountability across

                all State and local police departments.  And regular reports will also

                provide transparency and allow for adjustments if certain departments

                struggle with -- with this implementation.

                             MR. ANGELINO:  Okay.  So you have talked to

                DCJS about this?

                             MR. ZACCARO:  Excuse me?

                             MR. ANGELINO:  Have you talked -- it sounds like

                you have talked to DCJS about this.

                             MR. ZACCARO:  Well that -- that is what this bill

                will do, so, you know, and that is what DCJS will be responsible for.

                             MR. ANGELINO:  Okay.  So they don't -- they don't

                know this is coming when it gets passed and signed?  It will show up
                                                              89




                and it's a law to impact them.

                             MR. ZACCARO:  Like most pieces of legislation that

                we pass through this House.

                             MR. ANGELINO:  Thank you.  Is -- is there a better

                way we could have implemented this?

                             MR. ZACCARO:  I'm sorry?

                             MR. ANGELINO:  Is there a better way we could

                implement what the goal of this is, maybe by talking to DCJS first?

                             MR. ZACCARO:  I'm not sure I understand your

                question.

                             (Pause)

                             So I think the goal and the intent here is to ensure that

                all law enforcement has the information that they need to be able to

                ensure that this program is being implemented and being used in the

                appropriate way.

                             MR. ANGELINO:  Thank you very much.

                             MR. ZACCARO:  Sure.

                             MR. ANGELINO:  Madam Speaker, on the bill.

                             ACTING SPEAKER HUNTER:  On the bill.

                             MR. ANGELINO:  On the bill for A.8263-B -- boy --

                let me first off be clear.  Protecting victims and confidential

                information is a priority for everybody, and no one in this Chamber is

                gonna question the importance of confidentiality for the special

                protected classes covered under Section 108 of the Executive Law.

                But my question before us today is whether the goal is worthwhile.
                                                              90




                The question is whether this bill is even necessary, is it effective, and

                will it be responsive in its current form.

                             First, I'd like to ask, what's the problem we're

                specifically solving?  There was no instances of law enforcement

                failure in the ACP program.  Law enforcement officers already receive

                training and are very sensitive in areas like domestic violence, victim

                protection and privacy concerns in general.  There's no evidence that a

                lack of this specific mandated training caused any problems.

                             But another thing we need to talk about is the cost.  I

                noticed this bill in the language says all State police officers.  So that's

                gonna include everybody in CPL classified as a police officer.  A

                forest ranger in the Adirondacks who guards trees is going to have to

                learn about this.  Bridge and Tunnel Authority officers are gonna have

                to learn about this.  Police officers that have no really public facing

                except in their specific trained duty are all going to have to be trained

                for this.  And this is going to impact police departments across the

                State.  It's time and it's just one more burden.  And it's also that the

                Legislature is basically circumventing the process.  We have the

                DCJS, Department of Criminal Justice Services, which has as a

                subagency the Municipal Police Training Council.  They are tasked

                with training all police officers in New York State to a standard.  And

                alls we have to do is ask MPTC to look into this, Is this worthy?  And

                they will say, Yes, this is a good idea for detectives, anybody who

                might be dealing with domestic violence cases.  And if we ask them,

                Does a forest ranger need this, I'm pretty sure they would say no.  I
                                                              91




                think there's a better way to address this than just sweeping Statewide

                legislation.

                             You know, there was no input from the Sheriffs

                Association, police chiefs, rank-and-file officers.  Those are the

                people who serve on MPTC, Municipal Police Training Council.

                That's an asset that we created that we should use.  You don't need to

                create a law that is really going to be -- you know, I'll -- I'll never say

                ignored -- but it won't have the same priority coming from here with

                only one specific job function affected by it.  You know, had we

                thought about it and engaged MPTC, they would have said something

                like, You know who does have access to these confidential

                documents?  Court officers.  Probation officers.  Parole officers.

                Corrections officers.  Everybody in the system, and we could have

                tailored it specifically.  That's why this just feels like a flex of the

                Legislature against police officers, because that's exactly what it is.  It

                doesn't mention letter carriers who are actually handling the mail.

                And it just seems like this could have been done in a better way.

                             The good intentions alone that come out of here don't

                always make great policy, and we owe it to our constituents to do

                things necessary, that are effective and fiscally responsible.  I would

                encourage my colleagues in the room to think about that, all the

                missing parts and pieces of this legislation, and maybe we can get a

                C-print from the B-print.

                             Thank you, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Thank you.
                                                              92




                             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.)

                             Mr. Zaccaro to explain his vote.

                             MR. ZACCARO:  Thank you, Madam Speaker.

                Colleagues, today I rise in support of my bill A.8263-B, that would

                require the Secretary of State to create and require comprehensive

                training for local and State police officers on how to properly

                implement the Address Confidentiality Program.  The program is

                designed to protect survivors of domestic violence, stalking, sexual

                assault and other serious crimes.  It works by allowing participants to

                use a State-issued substitute address in place of their actual home

                address across public records, government agencies, schools and law

                enforcement documents, helping to keep their real location private and

                secure.

                             The need for these protections is clear.  Data from the

                National Crime Victimization Survey shows that more than half of

                violent crimes are never reported.  For victims, the fear isn't just about

                retaliation.  It's about losing control over deeply personal information

                like where they live, work, or where their children go to school.

                Strengthening awareness and proper use of this program can help

                remove one more barrier that keeps victims from coming forward.
                                                              93




                             I rise today not just as a Legislator, but as someone

                who has listened deeply to the voices of people who know this issue

                firsthand.  This bill is the result of conversations, and it reflects real

                experiences.  It reflects real pain.  But also, real resilience.  And I

                want to take a moment to acknowledge the work and that fact that that

                doesn't just happen in a vacuum, Madam Speaker.  One of the people

                who helped shaped this legislation sits on my very team.  She is not

                only a dedicated public servant, she is also someone who has lived

                through the very challenge that this bill seeks to address.  As a

                survivor of domestic violence, she brought insight, she brought clarity

                and urgency to this process that no textbook or briefing paper ever

                could.

                             ACTING SPEAKER HUNTER:  Thank you.

                             MR. ZACCARO:  And her voice and the voices of

                many others are reminded of why we do what we do and why this bill

                is important.  And today I'm proud to vote in the affirmative.

                             Thank you, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Zaccaro in the affirmative.

                             Ms. Walsh to explain her vote.

                             MS. WALSH:  Thank you very much, Madam

                Speaker.  So as many of you know, I've spent a good part of my

                practice in recent years in family court.  So this is a program -- this

                bill is not creating the Address Confidentiality Program.  It's been in

                existence for some time.  It -- certainly, the people that work in and
                                                              94




                around family court are already extremely well aware of this program,

                and it certainly has had value for the families that I have seen in

                family court, and many of them have had issues with domestic

                violence.  And I -- I don't doubt the value of this -- of this program at

                all.  But I think -- I do think that during debate some very important

                points were brought up about the way that this is being implemented.

                I think all of us know of all the training that we have to go through,

                certainly attorneys have to do continuing legal education, accountants

                have to do continuing education.  This is gonna be once every three

                years.  It's going to be, I think, overbroad in the number of law

                enforcement officers that it's going to -- that are gonna have to do this

                training.  I think that maybe a chapter amendment could be in order to

                perhaps narrow the scope a little bit or to -- to maybe help fix some of

                the -- the very valid points that were raised during debate.

                             I will be supporting the bill because I do think that

                because it's done once every three years and it can be part of an

                existing training, I do think that with -- with a few amendments I think

                it's something that has some value and I will support it.  But I do think

                that -- I do think we need a chapter on this.  Thank you very much.  I'll

                be -- I'll be up.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Ms. Walsh in the affirmative.

                             Mr. Molitor to explain his vote.

                             MR. MOLITOR:  So with all due respect to my

                colleagues, nothing has made it harder for domestic violence victims
                                                              95




                to be -- to remain confidential than our discovery laws which we

                passed in this Chamber.  The police know to keep addresses

                confidential.  But because of the laws we have now, that information

                is automatically disclosed to the suspect of a crime.

                             For all those reasons I'll be voting in the -- the

                negative.  Thank you.

                             ACTING SPEAKER HUNTER:  Mr. Molitor in the

                negative.

                             Are there any other votes?  Announce the results.

                             (The Clerk announced the results.)

                             The bill is passed.

                             Page 17, Calendar No. 128, the Clerk will read.


                             THE CLERK:  Assembly No. A04713-A, Calendar

                No. 128, Sayegh, Seawright, DeStefano, Santabarbara, Durso,

                Shimsky, Glick, Otis, Reyes.  An act to amend the Public Service

                Law, the Public Authorities Law and the General Business Law, in

                relation to requiring utility companies maintain a toll-free number for

                reporting service outages.

                             ACTING SPEAKER HUNTER:  An explanation has

                been requested.

                             Mr. Sayegh.

                             MR. SAYEGH:  Thank you.  Bill A.4713-A is a

                pretty simple bill.  Earlier in our debates and discussions we spoke

                about the importance with E-ZPass of having a toll-free number,

                having a number we can call when services are necessary and we can't
                                                              96




                reach -- or we can't have access to address our needs.  This bill

                specifically is making sure that New Yorkers can actually reach their

                utility company when the lights go out, the heat fails, or inter --

                internet service is interrupted.  And what this does specifically require

                that utility company providers are to maintain a 24/7 toll-free number

                staffed and capable of handling high call volumes, especially during

                emergencies, and clearly post on their whether it's a monthly --

                whatever their invoice or billing devices are, a number that is clear for

                constituents and customers.

                             In moments of crisis, and all of us have witnessed

                over the years what was once a Storm of the Century, we're having so

                many storms, so many interruptions.  And now more than ever,

                although many of the utility companies that we deal with do have 24

                service hour toll-free numbers, many do not.  And although they may

                be municipalities, they may be small villages, they must conform and

                assure that each and every one of us in time of need can have a toll-

                free number to call and address our outage.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Palmesano.

                             MR. PALMESANO:  Yes, thank -- thank you,

                Madam Speaker.  Will the sponsor yield for some questions?

                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?

                             MR. SAYEGH:  Of course.

                             ACTING SPEAKER HUNTER:  The sponsor yields.
                                                              97




                             MR. PALMESANO:  Thank you.  I appreciate this.

                             Who does this bill specifically apply to?  Who will be

                impacted by this?

                             MR. SAYEGH:  This bill impacts utility companies.

                We -- we specifically look at gas companies, electric companies,

                steam companies, water, cable, telecomm and -- and internet services.

                             MR. PALMESANO:  Okay.  And is this a -- a big

                problem that's going on around the State that you've heard of?

                             MR. SAYEGH:  It is a problem.  We -- we often, you

                know, hear of so many complaints where a tree falls down and utility

                companies, you know, are often not given notice.  We passed

                legislation giving a set amount of time.  But it's very difficult to allow

                a customer, a consumer, to make that call and -- and try to get that

                issue documented so they can have a return of service in the quickest

                way possible.

                             MR. PALMESANO:  Okay.  Have you spoken to the

                PSC about this legislation?  Have they con -- conveyed to you that this

                is something that's needed to address the issues that are out there?

                             MR. SAYEGH:  No, I haven't spoken to them.

                             MR. PALMESANO:  You haven't spoken to the PSC.

                             Do you have an idea of what a cost estimate would be

                on this?

                             MR. SAYEGH:  I think the cost is nominal because --

                             MR. PALMESANO:  Nominal?

                             MR. SAYEGH:  -- as I said earlier, you know, most
                                                              98




                of the larger companies that deal already have that, and they have the

                staffing in place.  So I believe it would be nominal

                             MR. PALMESANO:  So like my utility, NYSEG --

                NYSEG, if -- I've had my power go out, there's a number I can call but

                it's automated.  And they will say, Yes, there's a problem in your

                section.  We're working on it.  We're gonna try to up it as quickly as

                possible.  Under your bill, that would not be acceptable, correct?

                They would have to have a live agent staffing that line 24 hours a day,

                seven days a week; is that correct?

                             MR. SAYEGH:  Yeah, we don't speak to the

                automated services.  It's where staffing exists is where the discussions

                normally take place.

                             MR. PALMESANO:  Well, it says be attended 24

                hours, seven days a week.  So you're saying an automated line is

                okay?

                             MR. SAYEGH:  Yeah, they should -- they should

                have a staff --

                             MR. PALMESANO:  So that's gotta have a person

                there answering the phone call.

                             MR. SAYEGH:  (Indiscernible/crosstalk).  They

                should have a person there.  But as I said earlier, most do have staffs.

                When --

                             MR. PALMESANO:  Well, I'm just --

                             MR. SAYEGH:  -- I looked at the list of companies

                that already, which includes, you know, Con Edison, it includes all the
                                                              99




                major companies, they already have staff.

                             MR. PALMESANO:  Now, I know you said this is

                nominal.  Are you aware NYSEG (indiscernible) for the past three

                years have put in a request to do the staffing and has been turned

                down by the Department of Public Service because of costs.  So

                ultimately there would be a cost to this.  Staffing something 24 hours a

                day, seven days a week would have salaries, it would have Workers'

                Comp, it would have insurance.  So to say that they're all doing it and

                it's staffed, there's gonna be a cost associated with that.  So that would

                be something -- they're trying to get a rate -- rate case for that now.

                So that's gonna be borne by the ratepayer, correct?

                             MR. SAYEGH:  Well, we're not denying.  There's a

                nominal cost.  I mean, we can go on discussion --

                             MR. PALMESANO:  Nominal?

                             MR. SAYEGH:  -- of what's nominal and what's not

                nominal.

                             MR. PALMESANO:  Okay.

                             MR. SAYEGH:  But there is a nominal cost, but the

                urgency of having a 24 toll-free number, especially when the internet

                fails and the population we're looking at, many of them that are

                seniors and others that don't have access to the internet, they need a

                toll-free number.  There's a generation of many of our constituents

                that if they can't have access to a phone number to make the call, it

                doesn't happen.

                             MR. PALMESANO:  No, I -- I understand.
                                                             100




                             So just to be clear.  If they have an automated system,

                now they're gonna have to fully staff that call.  They're gonna have the

                people answer the line in person, as many as you need, right?

                             MR. SAYEGH:  We're not denying there's gonna be

                -- in some cases a nominal cost.  But the -- the need and the urgency

                of saving lives when times of urgent needs, I think you know all of us

                agree we rather have the safety and the ability to make that call when

                there's an urgent need.

                             MR. PALMESANO:  Now, you mentioned -- I have a

                small municipal electric that maybe has a population, like, 5,000,

                6,000 people, 10,000 people.  If something happens in a municipality,

                wouldn't it be -- you know, the first call that people are gonna make

                are gonna be overseen by the municipality.  They're gonna be calling

                their local mayor, they're gonna be calling their local town board

                member because of that closeness with the government.  But now

                you're saying instead of that -- I mean, the mayor is gonna be

                impacted by that.  The councilmen's [sic] gonna be impacted by that.

                All the staff, people who live there.  So they're gonna know

                something's going on.  So they're gonna be getting on it right away,

                wouldn't -- wouldn't you assume?

                             MR. SAYEGH:  Now the bill also includes for small

                municipalities.  To your point, that may have a -- a real true burden

                and they can justify it.  There's an ex -- exclusion clause for those

                small municipalities --

                             MR. PALMESANO:  But they gotta --
                                                             101




                             MR. SAYEGH:  -- plus -- plus keep in mind that the

                New York State ISO that serves the majority of the electric needs

                throughout the State, which is the Independent System's [sic]

                Operators, you know, manages New York's bulk energy gird.  And

                they for example, working with the and coordinating with the Federal

                Energy Regulatory Commission, you know, can oversee this process

                and can assure that small villages and when I looked at the list and

                there's some 30 or so small villages across the State, you know, they

                fall under this I -- YNISO [sic], the Independent System.  And so it

                really addresses, to your point, the needs of small municipalities and

                villages across the State.

                             MR. PALMESANO:  But they would have to apply

                for this exemption, it's not granted to them automatically, right?

                             MR. SAYEGH:  No.  They need to apply for it.

                             MR. PALMESANO:  All right.  Let's talk about one

                other thing.  If the PSC believed this was necessary, they believed

                every -- all these corporations, the utilities needed to have a live agent.

                They would -- they could authorize it right now without this

                legislation; is that correct?

                             MR. SAYEGH:  Now they may have issues with it

                but, you know, our job as legislators --

                             MR. PALMESANO:  No, I understand.

                             MR. SAYEGH:  -- safety and concern.

                             MR. PALMESANO:  I -- I understand -- I understand

                your intention, I do understand your intention.  I'm just -- I'm just
                                                             102




                concerned about the unintended consequences of your legislation.  So

                the fact that I brought up that NYSEG (indiscernible) has brought this

                up in their rate cases to the Department of Public Service and every

                time it has removed.  So now you're saying the Department of Public

                Service, they're gonna have to accept that if this legislation were to go

                into effect then, correct?

                             MR. SAYEGH:  Again, my opinion, I feel it's

                nominal --

                             MR. PALMESANO:  I understand.

                             MR. SAYEGH:  -- and I think the need overrides.

                             MR. PALMESANO:  I -- I -- again, I understand your

                intent and what you think the need is.  I'm just concerned about the

                unintended consequences.

                             I want to ask about the -- what about a municipality --

                because and I'm -- I -- in a language when you talk about a water

                corporation, like some municipalities have water and sewer districts

                and you have, like might affect 200, 500 homes.  Would that be -- if

                there's an outage, some problem there, is that something would they

                be covered under that, too?

                             MR. SAYEGH:  If it's a water company it would be

                covered, yes.

                             MR. PALMESANO:  So the municipality that owns

                that water or sewer district they would have to have someone on staff

                for that, too?

                             MR. SAYEGH:  Yes.  And in many communities
                                                             103




                now, I know in my City of Yonkers they have a -- a third-party that

                oversees and provides and maintains the water system and bills for it.

                They should be held responsible.

                             MR. PALMESANO:  And I know you mentioned a

                big municipality like Yonkers.  You get into my district, I have

                populations like 5,000 and now you're saying they have to fully staff

                seven days a week, 24 hours -- 24 hours --

                             MR. SAYEGH:  If it's a municipality we encourage

                through this legislation collaboration and communication with small

                municipalities to work together so that there's a uniform person that

                may handle water concerns or electric or gas for multiple

                municipalities or villages.  We've been talking consolidation in

                government with police and fire and other services.  This is really no

                different, it keeps that option open.

                             MR. PALMESANO:  So you think these

                municipalities have to --

                             MR. SAYEGH:  Not that they have to, they should

                and they should be given that option.

                             MR. PALMESANO:  But if -- but if -- but if they

                don't, then you can have a small municipality like 5,000 people that

                has a water district or a -- a municipal electric, then they would have

                to have that fully staffed 24 days -- seven -- seven days a week, 24

                hour -- over the course of the year.  That could be over $100,000.

                Now for a small municipality, $100,000 could be a significant

                increase in the property tax rate, correct?  It's not nominal.
                                                             104




                             MR. SAYEGH:  We would encourage them to

                consolidate service.

                             MR. PALMESANO:  Well, I understand about that.

                             MR. SAYEGH:  So a small municipality of 5,000 is

                not creative enough, then maybe they should be taught how to be a

                little more creative with consolidating and cooperating with local

                municipalities that -- that have shared common goals.

                             MR. PALMESANO:  So I have a small municipality

                and they don't have someone on staff.  Now they're gonna -- the -- the

                PSC will fine them and what will those fine amounts be?  How much?

                Isn't the maximum like up to 500- -- $100,000?

                             MR. SAYEGH:  The fines range anywhere -- under

                Section 25, New York Public Service Law, the range is anywhere for

                continued violations, safety violations, false statements as far as rate

                proceedings or reliability violations.  And they can range anywhere

                from $100,000, this is the maximum, all the way up to a half a million

                dollars.

                             MR. PALMESANO:  So --

                             MR. SAYEGH:  But the cost is in the discretion of

                depending on the extent of the violation and so forth.

                             MR. PALMESANO:  So technically on your

                legislation if this were to become law, that --

                             MR. SAYEGH:  Well, this is already by the way --

                             MR. PALMESANO:  Yeah.  No, I know.  I know.

                But based on if this -- the legislation we have before us becomes law,
                                                             105




                now that fine of $100,000 or more could apply to that small

                municipality to assess them a penalty that they -- and they then would

                have to be borne.  Wouldn't that ultimately be borne by the property

                taxpayers and the ratepayers of that municipality?  That small

                municipality?

                             MR. SAYEGH:  If they're violating even before this

                legislation, it would be under the same existing law, wouldn't it be?

                             MR. PALMESANO:  Yes.

                             I got a couple more questions I think here.  So we did

                -- we did confer one municipality, a small municipality, or a water and

                sewer district that's by a municipality they would have to have

                someone on staff in that municipality 24/7 to answer that question

                seven days a week.  And there would be a cost, even although you

                believe a nominal cost.

                             MR. SAYEGH:  Nominal cost.

                             MR. PALMESANO:  But again, I will just make that

                contention and I'll speak on the bill in a minute.

                             MR. SAYEGH:  Sure.

                             MR. PALMESANO:  That -- that -- for that small

                municipality I know you want them to get together and share a cost

                but there's still a cost and $100,000 in salaries, Workers' Comp costs,

                health insurance costs which are all going through the roof, is gonna

                be paid for by the people of that district whether through increased

                utility rates, which they really can't afford now anyway because we

                know they're getting crushed, or increased water and sewer bills or
                                                             106




                increased property taxes, correct?  And especially when we talk -- we

                keep hearing about affordability.

                             MR. SAYEGH:  This really, you know, when you

                recognize that in -- in most cases, we do have toll-free numbers.

                             MR. PALMESANO:  Right.

                             MR. SAYEGH:  This assures a common standard that

                throughout the State protects citizens and constituents throughout the

                State.  So although as I say and you say there's an issue of some cost,

                we always encourage consolidation, especially when it comes to small

                villages and towns.

                             MR. PALMESANO:  I understand.  I really I

                appreciate your time.  Thank you very much.

                             Madam Speaker, on the bill.

                             ACTING SPEAKER HUNTER:  On the bill.

                             MR. PALMESANO:  I appreciate the conversation

                with the sponsor.  I believe he is 100% well-intentioned.  The problem

                is there's gonna be in my opinion significant unintended

                consequences.  I do not believe this is a problem that's out there.  If

                the PSC believed it was a problem they have the authority right now

                to address this and say, all the utilities, the water corporations, the

                municipal electrics, have to have a fully staffed.  Again, NYSEG and

                RG&E right now have an automated line.  If I got -- my power goes --

                and I've used it.  I've called and someone -- they -- they -- I tell them

                where they're at and they basically tell you, yep, we're out -- we're --

                our goal is to -- we're act -- working on it.  So they're letting us know
                                                             107




                they're working on it, it's automated.  You don't have to staff it with

                someone there answering the phone, paying for their salary, paying for

                their Workers' Compensation cost, paying for their health insurance,

                paying for their pension costs, all of those things.  And on top of it in

                their last (indiscernible) rate cases, NYSEG RG&E has asked for this,

                say, we'll put live people there for you.  And the DPS has rejected it

                and probably for good reason because of the cost.  To think we need

                someone there 24/7 and again, some utilities, some people have their

                own operations right now.  But I think -- I get very, very, very

                concerned when we say for that small municipal electric that serves

                maybe 5,000 people that might have a water and sewer district.  You

                know in these small communities if something happens in your

                community, if you're mayor or counsel -- if the electric's going out and

                you have a municipal electric where the water and sewer's out, they're

                gonna call the mayor at home.  They're gonna call a town board

                member at home.  You don't need a 1-800 number or a toll-free

                number fully staffed.  Think about that, that could be -- so 24 hours, it

                has three employees at eight hour shifts everyday of the week all year.

                All -- all year long.  That is a significant cost.  It's not nominal, it's a

                significant -- it might not be a significant cost to a bigger municipality

                like Yonkers or New York City, but to the Town of Bath, to

                Woodhull, to those communities, Penn Yan, that's a significant cost.

                And then that's gonna have to be borne by that ratepayer in that

                district, that's gonna have to be borne by that water and sewer user, by

                the property taxpayers.  I just think this is a solution looking for a
                                                             108




                problem and we don't need it.  It's complicated.

                             We keep hearing about the, you know, having the

                surge.  You have to have people for the surge so how many people are

                online?  How many employees?  I mean this is significant, and I

                again, I understand the intentions of the sponsor but we are -- our

                customers -- I didn't ask the sponsor and I should've, what does this

                bill do to reduce utility rates?  What the an -- I don't have to because

                we all know it doesn't do anything to reduce utility rates.  We aren't

                doing anything in this Chamber to reduce utility rates.  We've had

                proposals and ideas to reduce utility rates but we don't see them

                happening.  Our electricity rates are 70% higher than the national

                average right now.  If you look to where we were in 2019 pre-CLCPA

                with 17 cents a kilowatt hour, now we're pushing (indiscernible) 30

                cents a kilowatt hour.  Our residents are crippled by these costs.  And

                we have -- there's something here that's not gonna reduce their costs,

                it's gonna increase their costs.  This would mandate basically that they

                -- they have to have -- they have to have this staffing.  The PSC would

                have to approve it, which means it's gonna be part of the rate case.

                Again, across the board how many employees you need, I don't

                believe that's nominal.

                             And I think that's the problem with the meth -- with

                the thinking in this Chamber sometime.  Whenever we spend

                ratepayers' money, whenever we spend taxpayers' money, we say it's

                nominal or it's not enough and I think sometimes we forget it's their

                money and not our money and we're gonna continue to point that out.
                                                             109




                I mean, so if we really want to do something to help the ratepayers of

                the State of New York -- again, remember $2.4 billion in surplus

                funds is sitting in NYSERDA accounts right now to pay for green

                programs that our cus -- constituents don't want.  They would rather

                have direct ratepayer relief right now than subsidize someone's

                electric heat pump purchase, than subsidize someone's electric vehicle

                purchase, than subsidize someone's electric lawn mower or its

                purchase or someone's electric weed whacker.  Ask them, they want

                direct ratepayer relief right now.  They don't want more of these green

                programs that increases your utility bills, increases their taxes.  The

                taxes, fees and assessments of our utility bills represent approx --

                represent up to if not more than 20% of the utility bill.  Taxes, fees,

                assessments, surcharges.  Many for these for green programs.  Let's

                suspend those charges.  Let's provide that direct ratepayer relief.

                Those are some of the things we should be doing in this House.  And I

                will remind you again, 70% higher than the national average.  This

                whole green energy program that we're talking about because -- I'm

                just pivoting because it's about cost.  It's gonna -- over a quarter of a

                trillion dollars.  And the NYSERDA again, I'll remind you, I know

                you don't like when I bring it up but I'll continue to bring it up because

                we've got to keep that in mind --

                             ACTING SPEAKER HUNTER:  Mr. Palmesano, if

                you could speak to the bill, please.

                             MR. PALMESANO:  Okay.  Sure.  I -- I believe I am

                because I'm talking about cost --
                                                             110




                             ACTING SPEAKER HUNTER:  Thank you.

                             MR. PALMESANO:  This bill has cost associated

                with it.  He's -- he admitted that.  I'm talking about the cost that our

                ratepayers are paying right now that they're concerned about and I'm

                reminding them that this is just another cost on top of the ones that I

                was about to mention about an increase of $4,000 on utility bills in the

                future.

                             So that's what I was trying to get at, Madam Speaker.

                But I can wrap it up.  I -- I think I made enough of my case on this

                issue.  Again, I appreciate the time, I appreciate our conversation.  I

                know your heart's in it for the right reasons.  I think it's well-

                intentioned, I just think the problem is going to be many costly

                unintended consequences.

                             So -- so for that reason, I will be voting in the

                negative and I urge my colleagues to do to the same.

                             Thank you.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Ms. Walsh.

                             MS. WALSH:  Thank you, Madam Speaker.  Will the

                sponsor yield for just a few questions?

                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?  The sponsor yields.

                             MS. WALSH:  Thank you so much.  So I've been

                listening very carefully to the debate that we just had and I apologize

                if I'm asking a question that you've already answered.  But I noticed
                                                             111




                on page -- well, several places in the bill, it indicates that the toll-free

                number shall be attended 24 hours a day, seven days a week.  It says

                that a few times depending on what utility we're talking about; is that

                correct?

                             MR. SAYEGH:  Yes.

                             MS. WALSH:  Okay.  When you -- when you said in

                the bill, it be attended 24 hours a day, seven days a week, I'm

                assuming and I think it was presumed by the previous speaker that this

                would be a person.  Was there any consideration or would some --

                would an AI chat bot or anything like that be able to satisfy that

                requirement?

                             MR. SAYEGH:  No.  It's very difficult if you don't

                have a live person to talk to.  I mean similar to the earlier debate we --

                we had with E-ZPass and the complaints we all hear of somebody

                doesn't pick up the phone or you can't access.  And as I said earlier,

                you know, when we spoke of nominal cost, we feel it's nominal

                because it exists in most cases but it doesn't exist in -- in every place.

                And we also made it clear that if there's an undue burden for smaller

                communities where the services, the lack of availability is an issue,

                there's a process to allow an exemption.

                             You know, so for me I look at this as a necessity, as

                very often a life-saving device that many people would be very

                thankful that they have the opportunity when there's a major storm,

                there's an outrage [sic] going on in their lives, in their businesses, in

                their communities, their families, that they have access to someone
                                                             112




                they can call to at least get the process of repair going.

                             MS. WALSH:  And so that -- and that leads me

                beautifully into the -- the -- only other remaining question that I have

                for you which is the expectation is not only that there would be, under

                this bill, that there would be a live person answering the phone to have

                that conversation with the customer, but that that person would also be

                getting the ball rolling I think -- I don't -- just paraphrase what you

                said, but get the ball rolling to get the problem solved or the -- or it

                repaired.  It's not just simply to receive the call then?

                             MR. SAYEGH:  It's true --

                             MS. WALSH:  And note the outage?

                             MR. SAYEGH:  -- in many -- in many circumstances,

                communities have individuals that have certain functions but they

                have multiple functions.  So I think anybody that, you know,

                especially serves a smaller community, a village, a region where you

                have multiple small communities, you know, the motive has been with

                this Body and government is to consolidate and utilize individuals,

                you know, to have multiple task.  Because not often would you have

                an outage involving water or steam or electric or -- you know, so

                therefore, it's not all these situations occurring at one time.  So I -- I

                see the possibility and it probably does exist where a small village or a

                town has someone who's prepared to answer calls involved in water,

                gas, electric and other necessities.

                             MS. WALSH:  Oh, I understand, yeah, that point.  I --

                I'm just -- I just want a clarification because it seemed as though to me
                                                             113




                in my reading of the bill is that it just simply, very simply, just

                requires a toll- free number for an individual to call and that call will

                be answered by a live human being.

                             MR. SAYEGH:  Yes.

                             MS. WALSH:  And -- and it doesn't say anything --

                in my reading doesn't say anything about what to do once that call has

                been received reporting the outage.

                             MR. SAYEGH:  Well, the expectation is once the

                call is made, you know, we have existing policy and laws as to when a

                utility company must within 30 hours make a repair or replace or

                remove a tree or restore energy.  There's legislation involving

                customers who may have handicapping conditions or medical

                conditions that are put on a priority list.  So all that is in place.  This

                assures that you can pick up the phone, that the utility company has a

                posted number where anyone whether they're senior citizens or

                whomever has access to that phone that everybody knows how to

                utilize.  Not everybody knows how to use the internet and what's up

                [sic] and every other method that -- in today's times we utilize.

                             MS. WALSH:  Yes.  I understand.  And as you're

                saying if I could just summarize what you just said, the -- the

                obligation of what to do once receiving that reported outage might be

                contained in other sections of the law or policy but that's not this bill.

                             MR. SAYEGH:  Correct.  That's right.

                             MS. WALSH:  Very well.  Thank you so much.

                             MR. SAYEGH:  You're welcome.
                                                             114




                             MS. WALSH:  Madam Speaker, on the bill.

                             ACTING SPEAKER HUNTER:  On the bill.

                             MS. WALSH:  So I -- I think the part about the bill,

                again, a very well-intentioned bill that I find troubling is the -- the

                staffing requirement and the fiscal impact that I really just wanted to

                put out there.  I just did a -- just a quick search that utility companies

                are increasingly adopting AI to manage power outage complaints.  By

                2026, AI-driven solutions are expected to manage high volume

                inquiries, reduce operational costs and improve -- they say improve

                customer satisfaction, I don't know.  Depending on which chat bot

                you're dealing with, sometimes it improves it and sometimes it's

                infuriating I guess from my opinion.  But these intelligent virtual

                agents, or IVAs and chat bots, AI voice bots, proactive two-way

                communication, sentiment and tone analysis.  It's -- it's like a -- it's a

                whole field that's really probably very much beyond me, but I do think

                that it -- it could be a very good solution to the problem that has been

                identified by the sponsor of the bill.

                             My concerns about staffing and costs are going to

                prevent me from supporting the bill today.  But I do appreciate the

                sponsor for answering my questions.

                             Thank you, Madam Speaker.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Ms. Bailey.

                             MS. BAILEY:  Thank you, Madam Speaker.  Would

                the sponsor yield for a couple questions?
                                                             115




                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?

                             MR. SAYEGH:  Of course.

                             ACTING SPEAKER HUNTER:  The sponsor yields.

                             MS. BAILEY:  I -- you had just mentioned it in the

                previous line of questioning, but I was hoping and maybe I missed it

                earlier and I apologize if I did.  But on page 2, line 1 where it

                indicates any municipality shall have the opportunity to petition the

                commission of an exemption from the requirements of the section if

                such munic -- municipality can show that such requirements are

                utterly -- are unduly burdensome.  What does that petition process

                look like?

                             MR. SAYEGH:  Well, that process is a normal

                process that in many caselaw, in many agencies that exists in law that

                allows individuals, in this case municipalities, if they feel legislation is

                burdensome and highly unlikely to achieve or there's stumbling blocks

                and assuring the compliance that they have a right to submit a request

                to be -- to be excluded from this legislation.

                             MS. BAILEY:  So in the case of a small village

                municipal electrical department, that would be then -- are you saying

                then through the PSC they would --  would it be the governing agency

                that oversees that utility?

                             MR. SAYEGH:  PSC.

                             MS. BAILEY:  So they would -- then they would

                petition to the PSC?
                                                             116




                             MR. SAYEGH:  Yes.

                             MS. BAILEY:  Okay.  My next question is where it

                specifically indicates that the toll-free number must be available 24/7.

                             MR. SAYEGH:  Correct.

                             MS. BAILEY:  My colleague mentioned small

                municipalities.  I have a village municipality that has about 600

                residents in it.  So they already have a means in place that, you know,

                during business hours, that those calls go into the village office to be

                answered.  And then off-business hours, they go to a 1-800 number.

                When I'm reading this legislation it is indicating that they have to have

                a contract with that outside agency for the 1-800 number now 24/7

                that it can no longer go into the --

                             MR. SAYEGH:  Well, it doesn't separate.  If your

                village has already a person that's designated to possibly handle all

                concerns that may -- and direct the call to whomever and whatever

                agency can apply or fix a problem, you know, then that exists if they

                have that -- that mechanism in place.  As I said earlier, this doesn't

                restrict that there must be one person handling a toll-free number for a

                specific whether water bill or gas bill or other related matters.

                             MS. BAILEY:  But this piece of legislation states that

                they have to have a toll-free number manned 24/7.  What if it's a call

                into the village office that is not a 1-800 number?

                             MR. SAYEGH:  But with this legislation if they have

                that system in present, in place, what would be their issue of making it

                or including the 1-800 numbers that goes?  Many offices have
                                                             117




                multiple numbers and, you know, through my office, I have six

                numbers in -- in -- in -- in my office that people can call different

                numbers and they all come to the same source.  So if ot comes to the

                same source and you have an individual there, doesn't matter if it

                comes from a 1-800 number or the present number that the village

                presently has.

                             MS. BAILEY:  So I guess what I -- my question is,

                the number that they go into during the day is the direct line into the

                village office and the individual answers that, they contract with a

                company off-hours to answer a phone at a 1-800 number.  So they

                don't own that 1-800 number necessarily to then go into their office

                during the day.  But what we're saying in this piece of legislation is

                now they will have to establish a 1-800 number, have it truncated into

                their village office for a municipality that has 600 residents that this --

                that this electrical department services; is that correct?

                             MR. SAYEGH:  It's correct, but also keep in mind as

                stated earlier, a village also has the right for the exemption.

                             MS. BAILEY:  Correct.

                             MR. SAYEGH:  So you mentioned small cities and

                municipalities but a village is also a small municipality.

                             MS. BAILEY:  Correct.  And -- and I appreciate that.

                My concern with that is it is a very small village.  So I appreciate you

                answering my questions.

                             Madam Speaker, on the bill.

                             ACTING SPEAKER HUNTER:  On the bill.
                                                             118




                             MS. BAILEY:  I like some of my colleagues, I -- I --

                the bill again is well-intended but I think when we're looking at a

                scope of what -- the size of some of these small municipalities to put

                in a petition now to the PSC for an exemption from a new piece of

                legislation that there is already a remedy for that municipality on the

                books, is just one more thing that we're asking them to do.  That's

                going to be an added expense because now they have to engage their

                village attorney to submit that petition into the PSC for a problem that

                does not exist.  But we have created one with this piece of legislation

                in my mind.

                             And for those reasons, I will be voting in -- negative.

                             Thank you.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Gray.

                             MR. GRAY:  Thank you very much, Madam

                Speaker.  Will the sponsor yield?

                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?

                             MR. SAYEGH:  Of course.

                             ACTING SPEAKER HUNTER:  The sponsor yields.

                             MR. GRAY:  Thank you very much, sir.  I appreciate

                it.  So when there's a case of an outage and we have say electrical

                lines that are down, what else is usually effective along that line?

                             MR. SAYEGH:  We -- we said earlier, gas

                companies, electric, steam, water, cable, telecom.
                                                             119




                             MR. GRAY:  Telecom.  So how does this work if the

                telecom lines are down?  How does this work if they're mandated to

                have a call center or essentially adequate staffing and a toll-free

                number?  How does it work if we don't have telecom services?

                             MR. SAYEGH:  Well, if telecom, you know, would

                be able to hook up as I said earlier in small communities or villages to

                a uniform center or individual that will include all these various

                departments or agencies or needs.

                             MR. GRAY:  Okay.  I'm sorry, there was some

                background noise.  A -- again, they -- they can't call anybody.  This

                mandates that they have calling a -- a -- a toll-free number to call but

                there's no telecom services.  How do they --

                             MR. SAYEGH:  Well, this bill doesn't call -- doesn't

                really include outage at call centers.

                             MR. GRAY:  It requires a toll-free number, correct?

                             MR. SAYEGH:  Yes.

                             MR. GRAY:  For reporting outages, correct?

                             MR. SAYEGH:  Correct.

                             MR. GRAY:  Okay.  And there's no telecom services.

                How's the toll-free number work?

                             MR. SAYEGH:  Correct.

                             MR. GRAY:  Correct, what?  How does the number

                -- how does the number work if there's no telecom service?

                             MR. SAYEGH:  Let me just -- what was your last

                question?
                                                             120




                             MR. GRAY:  If there's no -- so it -- okay.  So it

                requires a toll-free number, correct?  And it requires -- re -- operators

                to operate that toll-free number, correct?

                             MR. SAYEGH:  Correct.

                             MR. GRAY:  If there's no telecom services, how does

                it work?

                             (Conferencing)

                             MR. SAYEGH:  You know, that's a good point.  If

                there's an outage in one area it doesn't mean it's an outage throughout

                a region or an area.  So there'll -- there'll be adequate follow-up, you

                know, what I would assume from neighboring, you know, companies

                or groups that would be responsible.  I mean, I can see your point of

                an outage in one area but if telecom is -- is included in that outage,

                then, you know, there would be supplemental, you know, neighboring

                companies and groups that would be involved with that.

                             MR. GRAY:  Okay.  I'm -- I'm not quite sure how

                that's gonna work when it's exclusive -- we have exclusive telecom

                services in a given area how you're going to have a telecom service

                that's working when they can't.  So the person that's supposed to be

                calling that number, picking up the phone and calling that toll-free

                number doesn't have any telecom services, it doesn't matter if

                somebody's on the other end to answer it.  There's no way to make the

                connection.

                             MR. SAYEGH:  Yeah.  If there's no -- you know,

                that's a good point.  If there's -- if there's nobody to answer a call, it's
                                                             121




                usually a bigger problem, I mean and there's -- you know, we have in

                place, you know, larger municipalities and agencies and services that

                generally would be a backup to that, that would have access to the

                1-800 number.

                             MR. GRAY:  Okay.  So you're familiar with the New

                York Codes, Rules and Regulations Part 105, correct?

                             MR. SAYEGH:  Yes.

                             MR. GRAY:  Okay.  And that requires -- the Public

                Service Commission requires an emergency response plan?

                             MR. SAYEGH:  Can you -- Mr. Gray, can you please

                repeat the question?

                             MR. GRAY:  Sure.  So you're familiar with the New

                York Codes, Rules and Regulations Part 105 that requires an electrical

                emergency response -- re -- response plan, correct?

                             MR. SAYEGH:  That requires emergency response?

                             MR. GRAY:  Correct.

                             MR. SAYEGH:  Right.

                             MR. GRAY:  That -- that's -- re -- requires

                emergency response plans to be filed with the Public Service

                Commission, correct?  You're familiar with that?  You're familiar with

                that, right?

                             MR. SAYEGH:  We -- we understand it, yes.

                             MR. GRAY:  Yep.  Yep.  Yep.  Okay.  So it requires,

                you know, communications during outages, correct?

                             MR. SAYEGH:  I assume, yes.
                                                             122




                             MR. GRAY:  It already requires some sort of -- some

                form of communications during outages; is that correct?  I mean,

                they're already covering it.

                             MR. SAYEGH:  It requires communications?

                             MR. GRAY:  Yes.  It requires communications,

                management of the outage.

                             MR. SAYEGH:  Our purpose is to have open

                communications and allow communications to take place.

                             MR. GRAY:  Okay.  Okay.  So this bill allows a

                municipality to petition the Public Service Commission for an

                exemption, correct?

                             MR. SAYEGH:  Correct.

                             MR. GRAY:  Okay.  And it says unduly -- and I

                quote the bill.  It says, unduly burdis -- burdensome.  Why is that only

                applicable to a municipality and not smaller as been pointed out

                earlier, smaller organizations that may not have the operational cap --

                capacity to surge up like this?

                             MR. SAYEGH:  Because all the other smaller energy

                are hooked up to, you know, major bigger providers.  As we said

                earlier, we spoke about the -- the role that the -- that New York State's

                Independent System Operators, for example, these are examples of

                when you have small providers, they're usually hooked up to a major

                provider that oversees.  So generally, the only what we feel, you

                know, available exemptions that truly qualify are small villages and

                municipalities because they're not hooked up unless they have shared
                                                             123




                services and they work as we advised earlier with other small regional

                villages or towns.

                             MR. GRAY:  Okay.  So there are small providers that

                are out there.  They're internet providers and other things that are

                qualified under this bill to have a 24/7, 800 phone bank, right?  So

                who's gonna pay for these?  And I know this question's been asked

                again and I just want to make sure I'm clear.  Who's gonna pay for

                these additional costs that these operators are going to be required?

                             MR. SAYEGH:  As we said earlier, many have the

                service available.  Those that don't, the cost of cost is in -- in our

                opinion nominal and as we said, if they follow the practice of

                consolidation and sharing the services makes it even more nominal.

                And you know, the -- the actual cost in my opinion, you know and --

                and this is from someone that agrees we should hold utility

                companies, you know, responsible for cost-effectiveness and I think

                all of us share, you know, in supporting initiatives to try to keep the

                cost of utilities to down.  But at the same time, when we talk in my

                opinion, nominal cost versus, you know, potentially life-saving

                methods, you know, I still err on the side of let's make sure although

                we're fighting to keep costs down, let's not, you know, degrade the

                need for safety that all of us deserve when there's an outage.

                             MR. GRAY:  Well, I mean, they're already filing

                plans, they're already PSC-approved.  So we already have the

                capabilities to address these situations that are being monitored by the

                Public Service Commission as we speak.
                                                             124




                             MR. SAYEGH:  But we don't have a 1-800 number

                that anyone and everyone is responsible or able to make a call when

                there's an emergency.

                             MR. GRAY:  Correct.  And in many cases we're not

                gonna have telecom services so an 800-number doesn't mean

                anything, right?  And --

                             MR. SAYEGH:  And there's backup systems that can

                address those needs.  You know, as in any system, we can -- we can

                go on for hours and say, well, there's instances, but we have to err in

                the -- in the need to correct general, you know, inequities and service.

                             MR. GRAY:  Which goes to my point, there's many

                points of communication that are already taking place and they're

                already PSC-approved.  So if one system isn't working, there's another

                system in the plans that are already filed.  But we'll go on because we

                -- we -- we're just not going to agree on that point.

                             So I -- I hear you mention nominal cost over and over

                and I respect that remark.  But it says, "the capacity to adequately

                address a surge in phone call volume."  What is [sic] adequately

                mean?  And what does a surge -- how is a surge defined?

                             MR. SAYEGH:  Well, adequate -- adequate is

                making sure that, you know, you -- when you have a 1-800 toll free

                number, that, you know, you open the avenue for every individual to

                make that call and that there's someone to help address whenever

                there's an outage.  And adequate, you know, in my opinion is keeping

                the same standard.  Keeping equity that whether in New York City or
                                                             125




                Yonkers or small villages, everyone that has a downed tree or an -- an

                outage of any sort that impacts their utilities and other related

                services, that there's equity where they can make that call.

                             MR. GRAY:  Okay.  So if you -- if you have a --  I'll

                just -- last thing.  So if we have a small city, 20, 25,000 people, there's

                a outage and there's a thousand calls.  A thousand calls don't get

                answered at the same time because there's not enough people to

                answer those calls and an 800 -- with an 800 number if they have

                telecom services.  So how does -- what -- I mean, what is the

                effectiveness of this?  Is the program working or is it not working at

                that point?

                             MR. SAYEGH:  I think we have a 1-800 number

                works a lot better than not having the 1-800 number.  We're

                addressing those pockets in communities across the State that don't

                have access to the 1-800 toll-free number.

                             MR. GRAY:  Do -- so you have a cell phone I would

                assume?

                             MR. SAYEGH:  Yes, I do.

                             MR. GRAY:  Do -- do you pay long distance charges

                right now on any calls that you make?

                             MR. SAYEGH:  Do I pay for?

                             MR. GRAY:  Long distance?  Are there -- is there

                such thing as long distance calls anymore?

                             MR. SAYEGH:  Not these days.  I think it's all

                inclusive other than international.
                                                             126




                             MR. GRAY:  What's that again?  I'm sorry.

                             MR. SAYEGH:  I think it's all inclusive depending

                on the plan you have other than I believe international calls.

                             MR. GRAY:  Okay.  All righty.  Thank you very

                much.  I appreciate it.

                             MR. SAYEGH:  You're welcome.

                             MR. GRAY:  Madam -- Mr. Speaker, on the bill.

                Sorry.

                             ACTING SPEAKER DILAN:  On the bill.

                             MR. GRAY:  Again, you know, everybody's pointed

                out we're intent -- you know, we're sympathetic to the intent and the --

                of the bill here, but there is -- PSC already recovers -- already covers

                most of the planned outage -- most of the outages that we have and

                have planned responses for that.  So I really think -- I think we're

                really kind of nuancing this thing when we start to say a toll-free

                number's required, we have to have staffing that's going to be paid for.

                I don't think it's as nominal as we think it's going to be and we don't

                even know if we're gonna have telecom services when we have an

                outage such as that.

                             So communications during an outage do matter, but

                the intent, while it's good, is not a workable design that's outlined in

                this legislation.  So I would encourage my colleagues to vote no.

                             Thank you.

                             ACTING SPEAKER DILAN:  Read the last section.

                             THE CLERK:  This act shall take effect on the 90th
                                                             127




                day.

                             ACTING SPEAKER DILAN:  A Party vote has been

                requested.

                             Ms. Walsh.

                             MS. WALSH:  Thank you, Mr. Speaker.  The

                Republican Conference will generally be in the negative on this piece

                of legislation, but affirmative votes may be cast now at the seat.

                             Thank you.

                             ACTING SPEAKER DILAN:  Mr. Fall.

                             MR. FALL:  Thank you, Mr. Speaker.  The Majority

                Conference will support this legislation.  For those that would like to

                vote differently, they can do so here in the Chamber.

                             ACTING SPEAKER DILAN:  The Clerk will record

                the vote.

                             (The Clerk recorded the vote.)

                             Mr. Sayegh to explain his vote.

                             MR. SAYEGH:  Yes, Mr. Speaker, on the bill.

                             This is a common sense consumer-focused measure

                that strengthens communication, improves emergency response and

                ensures no New Yorker is left in the dark.  It is a low burden, high

                impact that most utility companies already have call centers.  This

                standardizes and strengthens existing practices and it has no fiscal

                impact on the State.

                             Isn't it necessary utility companies have numbers?

                And -- and I say, some do but not all meet these standards.  The bill
                                                             128




                ensures consistency.  This is common sense.  This is recognizing that

                also -- and all -- in addition to fighting the need to keep utility costs

                down, doesn't mean we stop looking at utility companies and any

                other form of companies from doing what they're contracted to do so

                when they serve the public, the public deserves to have an opportunity

                to make a call to that utility company.  And when there's an

                emergency and it impacts our families and our constituents, we hope

                that they have a 1-800 number because their home is damaged, their

                family may be seriously harmed, there's a tree on their -- downed

                wires, there's serious interruption in their electricity and someone may

                be on emergency, you know, medication or emergency equipment that

                deserves and needs electric care.

                             So I urge my colleagues that we say nominal, but the

                need for life-saving devices and equality and equity in service is

                crucial.  I urge my colleagues to vote for this legislation.

                             ACTING SPEAKER DILAN:  Mr. Sayegh in the

                affirmative.

                             Announce the results.

                             (The Clerk announced the results.)

                             The bill is passed.

                             Page 21, Calendar No. 165, the Clerk will read.


                             THE CLERK:  Assembly No. A06561-B, Calendar

                No. 165, Weprin, Meeks, Jacobson, Santabarbara, Otis, Sayegh,

                Hyndman.  An act to amend the Insurance Law, in relation to

                including image-guided biopsies under certain insurance coverage for
                                                             129




                breast cancer screening.

                             ACTING SPEAKER DILAN:  An explanation has

                been requested.

                             Mr. Weprin.

                             MR. WEPRIN:  Yes.  Thank you, Mr. Speaker.  This

                bill amends Section 3216, 3221 and 4303 of the Insurance Law to

                require insurance coverage for image-guided breast biopsies for breast

                cancer detection.  As we all know, breast cancer is one of the most

                prevalent and deadly forms of cancer.  Ever year, over 16,000 New

                Yorkers are diagnosed with breast cancer and about 2,500 die from

                the disease.  It is estimated that 1 in 8 women will develop breast

                cancer during their lifetime.  Breast cancer is also one of the most

                treatable cancers if caught early.  It is essential to find breast cancer

                early and in its most -- in its most curable stage and be able to act on

                those findings.

                             ACTING SPEAKER DILAN:  Ms. Walsh.

                             MS. WALSH:  Thank you, Mr. Speaker.  Will the

                sponsor yield, please?

                             ACTING SPEAKER DILAN:  Will the sponsor

                yield?

                             MR. WEPRIN:  Yes.

                             MS. WALSH:  Thank you.

                             ACTING SPEAKER DILAN:  The sponsor yields.

                             MS. WALSH:  Thank you.  Thank you very much.

                So could you just describe what an image-guided breast biopsy is?
                                                             130




                How -- how is it -- how is it performed?

                             MR. WEPRIN:  Give me a minute, please.

                             MS. WALSH:  Sure.

                             (Conferencing)

                             MR. WEPRIN:  Image-guided breast biopsies are a

                type of needle biopsy in which an imaging modality is used to more

                accurately perform a biopsy of abnormal breast tissue.  This image

                could be done through a mammogram, ultrasound or MRI.

                             MS. WALSH:  And this bill -- thank you.  This bill

                would say that regardless of the modality that's used to assist the

                needle in the biopsy that it would be paid for for the patient and that

                there would be -- there would be no -- is there no co-pay on this

                either?

                             MR. WEPRIN:  No -- no co-pay.

                             MS. WALSH:  No co-pay.  And -- and does this

                include only private health insurance plans?

                             MR. WEPRIN:  Yes, only private health insurance

                plans.

                             MS. WALSH:  So in other words, companies and

                some larger companies, some smaller companies, too, that self-insure,

                this mandate would not apply to them, correct?

                             MR. WEPRIN:  That's correct.

                             MS. WALSH:  Okay.  I noted that -- I mean, this --

                this Chamber, this Body has done a lot of work in recent years to

                approve a number of different coverages that will impact private
                                                             131




                health insurance plans.  In the space and surrounding breast cancer

                specifically, in the research that I was doing covers diag -- screening

                and diagnostic imaging including diagnostic mammograms, breast

                ultrasounds or MRIs upon the recommendation of a physician,

                coverage of baseline mammograms for covered persons age 35 to 39,

                annual mammograms for persons age 40 and older, coverage for

                mammograms at any age for a covered person who has prior history of

                breast cancer, breast cancer risk assessments, genetic testing and

                medications to reduce the risk of breast cancer.  So why do we need to

                take this additional step and approve this additional image-guided

                biopsy to the list of things that we already mandate that private

                insurance plans provide?

                             MR. WEPRIN:  Well, it clarifies it and codifies it

                because it is such a problem and early screening clearly will save

                lives.

                             MS. WALSH:  Do you have any data or information

                about the number of these image-guide -- image-guided biopsies that

                are performed each year in New York or anything along that -- that

                line of how prevalent is this test?

                             MR. WEPRIN:  My understanding is -- is preferable

                to a more invasive biopsy, but we -- we can get you those statistics.

                             MS. WALSH:  So a more invasive biopsy would be

                something that didn't involve a -- a needle necessarily or it would be

                an unguided needle or it would be an actual incision and removal in

                the area of where the suspected tumor is?
                                                             132




                             MR. WEPRIN:  I think that's correct.

                             MS. WALSH:  Okay.  Thank you.  And what is the --

                the likely increase cost to healthcare plans for covering this additional

                mandated procedure?  Is there a sense --

                             MR. WEPRIN:  Well, in many cases they're already

                covering it so we don't expect it to be a -- a substantial increase.

                             MS. WALSH:  Okay.  And -- I -- and I apologize if

                this -- if you've already gone over this, I just wasn't clear.  For an

                image-guided breast biopsy to be covered under this legislation, would

                there need to be a recommendation from the treating physician or

                prior -- is there prior approval that's gonna be required or no?

                             (Conferencing)

                             MR. WEPRIN:  Yeah, as a preventive service it -- it

                should be covered and all of the above.

                             MS. WALSH:  Okay.  So will be without the need for

                any prior insurance approval, it will be just allowed if the physician --

                treating physician wants it, then -- then it will occur --

                             MR. WEPRIN:  That is correct.

                             MS. WALSH:  -- without co-pay.  Thank you so

                much.  I -- I was interested to see that there is an independent

                volunteer panel of national experts in disease prevention and it's

                probably pronounced like an acronym, but it's USPSTF, which is the

                United States Preventive Services Task Force.  That is -- has this

                procedure, this service that would be mandated under this legislation

                is not on that list of insurance-covered services formerly
                                                             133




                recommended by USPSTF.  So, there are some that oppose this bill

                that are pointing that out as a reason for not approving -- not

                approving the bill -- this bill or -- or not approving this procedure.  I

                just wanted to give you an opportunity to address that concern.

                             (Conferencing)

                             MR. WEPRIN:  My understanding it's recommended

                if there's an abnormal screening.  So again, we want to get as much,

                you know, prescreening as possible in -- in -- in light of the fact that

                this is very treatable if it's discovered early.

                             MS. WALSH:  Thank you very much, Mr. Weprin.  I

                appreciate your answers to my questions.

                             Mr. Speaker, on the bill.

                             ACTING SPEAKER DILAN:  On the bill.

                             MS. WALSH:  So, I am the -- the daughter of a breast

                cancer survivor.  My mom lived another 35 years, plus years after her

                breast cancer diagnosis and I'm the sister of a current breast cancer

                patient.  So I feel like this, for me, this bill hits very close to home for

                me.  I will be supporting it, but I also think that it in -- in fairness, I

                want to talk a little bit about what the impact of a yes vote on this bill

                has -- has on the insurance industry because it -- it would take me

                probably half of my remaining time to just list all of the groups that

                are opposed to this bill.  And I want to in fairness to them talk a little

                bit about what their concerns are.

                             The New York Health Plan Association, the HPA,

                they claim that while the bill is well-intended, it will increase the cost
                                                             134




                of health insurance for New Yorkers.  Here's how it does that, okay.

                So this bill as we established during debate applies to private health

                insurance plans.  So it mandates benefit -- it's mandated benefit bills

                pertain only to fully insured policies.  So if you are with a very big

                company or maybe a smaller company that self insures, this bill does

                not impact you as an employee.  Large companies self insure around

                roughly 50-55%, is the estimate that I saw, of the commercial market

                in New York is covered under a self-insured plan.  So -- and -- and

                really, this exemption of not -- not being subject to State-mandated

                benefits is a key reason that they do self insure because it ends up

                being less expensive for them.  So as more employers self insure in

                reaction to the passage of bills like this, the State laws affect an

                increasingly smaller portion of the marketplace and then -- then that

                then falls largely on small and medium-sized employers that are

                relying on private health insurance plans rather than being self-

                insured.

                             So that's kind of how the -- if you follow the dollar,

                that's -- that's what the impact is.  As we -- as we as a Legislature

                approve more mandated coverage on these private insurance plans, it

                ends up costing the remaining companies and places that are utilizing

                private health insurance plans, it jacks up the rates.  And I remem -- I

                remember that.  One of my past lives, I was -- I handled HR and

                benefits for our family business and I remember with great concern

                every year when we would get the estimate of how much the

                insurance was going to be going up on a yearly basis and it was -- it
                                                             135




                was always concerning to us, especially as a small employer.  I mean,

                we had about 50 employees at the time.  Now the company has well

                over 200, but at the -- and self insures, actually.  But at the time, we

                we're using -- utilizing private insurance plans.  And we would get,

                you know, notice that there'd be a 13% increase in a given year or

                17% increase in a given year.

                             So I mean that's the concern of some of the

                opposition to the bill.  The Business Council, probably largely for the

                same reasons, the National Federation of Independent Business or

                NFIB, the Capital Region Chamber, Northeast Dairy Food and

                Suppliers Associations, the Food Industry Alliance, the Associated

                Builders and Contractors of Empire State, Upstate United, I mean it

                goes on.  I could, like I said, I could name a few more.  But that's the

                concern.  I -- I think that as far that organization that I mentioned, that

                independent volunteer panel, the USPSTF, they haven't listed these

                types of image-guided biopsies to their list of recommended --

                recommended treatments or interventions, but we have already as a

                State in previous legislation already gone beyond what USPSTF has

                recommended.  We've done it before and I -- I won't read the list out

                again, but we've done a lot of work in this space surrounding breast

                cancer and I think a lot of the reason why we do is that we -- we know

                that statistically 1 in 8 women in their lifetimes are going to deal with

                a breast cancer diagnosis.  And the idea that we could use

                image-guided needle biopsy and do something that's less invasive that

                is going to provide better upfront diagnostics and therefore better,
                                                             136




                more timely and more efficacious treatment.  That's something that we

                all want to see for our loved ones.  I know I certainly wanted to see it

                for mine and I'm sure you do for yours as well.

                             So while there is a concern that this is going to raise

                insurance rates, I think that I would rather see us do that work in

                trying to reduce insurance rates somewhere else because I plan on -- I

                plan to support this bill.

                             Thank you very much to Madam Speaker, I

                appreciate it.  Thank you to the sponsor.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Read the last section.

                             THE CLERK:  This act shall take effect on January

                1st, 2027.

                             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.

                Image-guide -- guided biopsies are crucial in discovering and

                identifying treatment paths forward.  By expanding coverage for

                image-guided breast biopsies, this bill will ensure that New Yorkers

                have access to the life-saving screenings and procedures that they

                need.  This bill will not only save lives, but also reduce health

                disparities and promote health equity in our State.

                             I proudly vote in the affirmative.
                                                             137




                             ACTING SPEAKER HUNTER:  Mr. Weprin in the

                affirmative.

                             Mr. Dais to explain his vote.

                             MR. DAIS:  I was -- I was listening to the debate.  It

                made me think back to when I was a kid.  I was about seven years, out

                -- looking outside of a window at a hospital.  There was three

                smokestacks that were probably Long Island City and it was from my

                mom's hospital -- hospital room.  It was her first time dealing and

                fighting with breast cancer.  My mother is a stronger, beautiful woman

                who's a three-time breast cancer survivor.

                             The reality is here in New York, 16,000-17,000

                women a year are diagnosed with breast cancer.  Roughly

                2,100-2,5000 New York women die from breast cancer.  But

                additionally something that's not talked about, 1% of breast cancer is

                now rising in men.  About 250 New York men die from breast cancer.

                             So I'm always respectful to our businesses, I don't

                want to elevate cost to them.  But if we can do screenings that can

                help with early detection, we know firsthand that the earlier you can

                detect breast cancer in someone's body, they have a legitimate chance

                of beating it.  And I think in the long run we will actually save money

                because chemotherapy, trust me, I know personally from my family, is

                very expensive.  Multiple rounds of chemotherapy are very expensive.

                And so making sure that New Yorkers have early access and imaging

                that can help stop the spread of breast cancer going from stage 1, 2, 3

                and 4 is the difference between a life and death for our fellow New
                                                             138




                Yorkers.

                             And for that reason, I will be voting in the

                affirmative.  Thank you.

                             ACTING SPEAKER HUNTER:  Thank you.

                             Mr. Dais in the affirmative.

                             Are there any other votes?  Announce the results.

                             (The Clerk announced the results.)

                             The bill is passed.

                             Mr. Fall.

                             MR. FALL:  Thank you, Madam Speaker.  I believe

                we have one more bill on the debate list.  Can we turn our attention to

                Calendar No. 79 on page 12 by Mr. Fall?

                             ACTING SPEAKER HUNTER:  Thank you, Mr.

                Fall.

                             Page 12, Calendar No. 79, the Clerk will read.


                             THE CLERK:  Assembly No. A02093-C, Calendar

                No. 79, Fall, Cunningham, Bores, Santabarbara, Alvarez.  An act to

                amend the General Business Law, in relation to enacting the

                "Consumer Protection and Automotive Transparency Act."

                             ACTING SPEAKER HUNTER:  An explanation has

                been requested.

                             Mr. Fall.

                             MR. FALL:  Thank you, Madam Speaker.  This bill

                aims to increase transparency in automotive labeling by ensuring the

                materials used in the interior of a new automobile are clearly visible
                                                             139




                and easy to understand by consumers.

                             ACTING SPEAKER HUNTER:  Mr. Gandolfo.

                             MR. GANDOLFO:  Thank you, Madam Speaker.

                Would the sponsor please yield for a couple of questions?

                             ACTING SPEAKER HUNTER:  Will the sponsor

                yield?

                             MR. FALL:  I yield.

                             ACTING SPEAKER HUNTER:  The sponsor yields.

                             MR. GANDOLFO:  Thank you, sir.  So first, why do

                we need this bill?  Is there any evidence that consumers are filing

                complaints that they don't know exactly what their interior motor

                vehicle components are made out of?

                             MR. FALL:  Absolutely, yeah.  So this bill's all about

                transparency.  There have been cases in the past where manufacturers

                have misled the public on the type of materials that are in the vehicle

                and this only relates to interactive surfaces within the vehicle such as

                the wheel, the gearshift, the seats.  And the whole idea here is if

                consumers are purchasing a vehicle with the -- and -- with the hope of

                having the specific type of material that they would like in that

                vehicle, that they're actually getting what they're purchasing.

                             MR. GANDOLFO:  Okay.  Would the interior

                carpeting fall under that as well?  Being interactive?

                             MR. FALL:  Not the -- the carpet wouldn't fall under

                this legislation.

                             MR. GANDOLFO:  Okay.  Is this information
                                                             140




                currently provided or available through any current materials that a

                manufacturer might supply?  Like an owner's manual, a spec sheet?

                             MR. FALL:  Well, cur -- currently it's not.  But what

                this bill would do it would require moving forward that manufacturers

                put that information on any marketing material.  They would disclose

                the type of material that is in the vehicle --

                             MR. GANDOLFO:  Okay.  And is --

                             MR. FALL:  -- as it relates to interactive surfaces.

                             MR. GANDOLFO:  Right.  Gotcha.  Now is -- would

                this only apply to manufacturers or would a dealer who is advertising

                one these vehicles in some kind of flyer promotion and say, we're

                offering this car with this package.  Would they then have to denote

                what the interactive materials are made out of if they're promoting

                some kind of upgraded interior?

                             MR. FALL:  Yeah.  They would only apply to

                manufactures.

                             MR. GANDOLFO:  So -- okay.  So that would apply

                to, you know, let's say Mazda, Volkswagen, on their website they

                would have to denote what everything is made out of?

                             MR. FALL:  That is correct.

                             MR. GANDOLFO:  Okay.  Now, would there be any

                requirement for a physical label inside of the vehicle?

                             MR. FALL:  No.  It is only on marketing material.

                             MR. GANDOLFO:  Okay.  And I -- and I ask

                because if we're looking in Section 3, if you go down to line 27 it says,
                                                             141




                label made -- label means any tag, label or other writing that is

                attached to or accompanies an automotive product.

                             MR. FALL:  Which would be in the marketing

                material.

                             MR. GANDOLFO:  Okay.  So that would accompany

                the vehicle and -- it doesn't necessarily have to be attached but if there

                is a -- if there is a tag attached, it would have to include the

                composition?

                             MR. FALL:  Correct.  And --

                             MR. GANDOLFO:  Okay.

                             MR. FALL:  -- we wouldn't want that -- it wouldn't

                be aesthetically pleasing for anyone if --

                             (Crosstalk)

                             MR. GANDOLFO:  Right if everything is tagged up.

                Yeah, it's not a great look.  Now there's some exceptions in here.  If

                it's genuine leather it can say -- the manufacturer can promote it as

                being leather.  But if it's a vegan leather or some kind of PVC

                material, they would have to denote faux leather or vegan leather; is

                that correct?

                             MR. FALL:  That is correct.

                             MR. GANDOLFO:  I've seen some manufactures use

                the -- the term "leatherette".  Does that -- where does that fall under

                here?  Is that -- are they still permitted to use that term?  I think, and I

                don't know if they still do but for a while Volkswagen's offerings

                typically used the term "leatherette" in their interiors.
                                                             142




                             MR. FALL:  Yeah.  So, pretty much if it falls under

                the definition of leather, they can advertise it as such.

                             MR. GANDOLFO:  Okay.  So if it's some kind of

                resin material, then -- because the leatherette - and I looked up what it

                is - it's some kind of resin, PVC match that they would then -- I guess,

                would leatherette be implying that it's leather?

                             (Conferencing)

                             MR. FALL:  Yeah.  The bill doesn't speak -- yeah, so

                on line 47 it clarifies that if it doesn't fall under that category then they

                can't advertise it as leather.  It has to -- it would have to be -- and

                again, this bill is modeled off of the European standards which pretty

                much says it would have to be between 60-70%, and so if that leather

                does not meet that criteria, then they cannot advertise it as leather.

                             MR. GANDOLFO:  Okay.  And now, what in terms

                of -- let's say there's a mixed material seating surface.  You have

                leather, some kind of artifical leather with a suede center part.  Would

                -- would they have to break down the composition of each component

                of that seat?  Does that make sense?  Like have you ever seen the seats

                with the leather liners and then the middle is either suede or cloth?

                             MR. FALL:  Yeah.  Under this bill that would have to

                be transparent.

                             MR. GANDOLFO:  Okay.  So in each their own, the

                seat would be, you know, the outer portion is 100% genuine leather,

                the inner portion is suede made of whatever material.

                             MR. FALL:  That would have to be transparent, yes.
                                                             143




                             MR. GANDOLFO:  Okay.  And how is the

                composition determined?  Is it by weight of the material in the -- the

                fabric or whatever interactive surface or is it surface area?

                             MR. FALL:  That would be at the manufacturer's

                discretion.

                             MR. GANDOLFO:  Okay.  So they have some

                leeway there?

                             MR. FALL:  Mm-hmm.

                             MR. GANDOLFO:  Okay.  And just so -- just to

                clarify one more time, this would not involve physical stitched-in or

                glued-on tags, this is solely in the marketing materials, the websites,

                the brochures from the manufacturer, not from the dealerships?

                             MR. FALL:  That is correct.

                             MR. GANDOLFO:  Okay.  That answers all my

                questions.  Thank you, Mr. Fall.

                             Thank you, Madam Speaker.

                             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.
                                                             144




                             Mr. Fall.

                             MR. FALL:  Madam Speaker, do you have -- do we

                have further housekeeping or resolutions?

                             ACTING SPEAKER HUNTER:  We do not have any

                housekeeping.  We have a bunch of resolutions but let us first wish

                our Majority Floor Counsel John Knight a happy birthday.

                             (Applause)

                             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. 1287

                through 1291 were unanimously approved.)

                             Mr. Fall.

                             MR. FALL:  Madam Speaker, can you call on Ms.

                Clark for an announcement?

                             ACTING SPEAKER HUNTER:  Ms. Clark for the

                purpose of an announcement.

                             MS. CLARK:  I'm here for the surprise

                announcement that there is Majority Conference immediately

                following Session.  Majority Conference in the Speaker's Conference

                Room immediately following Session.

                             ACTING SPEAKER HUNTER:  Immediate Majority

                Conference, Speaker's Conference Room after the adjournment of

                Session.
                                                             145




                             Mr. Fall.

                             MR. FALL:  I now move that the Assembly stand

                adjourned and that we will reconvene at 10 a.m., Thursday, May 7th,

                tomorrow being a Session day.

                             ACTING SPEAKER HUNTER:  Thank you.  10 a.m.

                tomorrow.

                             On Mr. Fall's motion, the House stands adjourned.

                             (Whereupon, at 3:58 p.m., the House stood adjourned

                until Thursday, May 7th at 10 a.m., that being a Session day.)