TUESDAY, JUNE 10, 2025 11:21 A.M.
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
GOOD MORNING, COLLEAGUES.
IN THE ABSENCE OF CLERGY, IF WE COULD TAKE A MOMENT
FOR ONE OF OUR COLLEAGUES WHO WAS TAKEN TO THE HOSPITAL THIS MORNING.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER HUNTER LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF MONDAY, JUNE 9TH.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY JUNE 10, 2025
MRS. PEOPLES-STOKES: MADAM SPEAKER, I MOVE
TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, JUNE
THE 9TH, AND THAT THE SAME STAND APPROVED.
ACTING SPEAKER HUNTER: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES: WELL, GOOD MORNING,
COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBERS. WE'RE GOING TO BEGIN
OUR DAY WITH A QUOTE, AS USUAL. THIS ONE IS COMING FROM ELEANOR
ROOSEVELT. MOST OF US KNOW WHO SHE WAS, SHE'S A FORMER FIRST LADY.
HER WORDS FOR US TODAY: "THE FUTURE BELONGS TO THOSE WHO BELIEVE IN
THE BEAUTY OF THEIR DREAMS." AGAIN, THESE WORDS FROM FORMER FIRST
LADY ELEANOR ROOSEVELT.
MADAM SPEAKER, MEMBERS HAVE ON THEIR DESK A MAIN
CALENDAR, AS WELL AS A DEBATE LIST. BEFORE ANY HOUSEKEEPING OR
INTRODUCTIONS, WE'RE GOING TO BE CALLING FOR THE RULES COMMITTEE TO
MEET. THAT COMMITTEE IS GOING TO PRODUCE AN A-CALENDAR OF WHICH WE
WILL TAKE UP TODAY. WE WILL ALSO BE CALLING FOR THE WAYS AND MEANS
COMMITTEE TO MEET. WE SHOULD BEGIN OUR FLOOR WORK, HOWEVER, WITH
THE FOLLOWING BILLS ON CONSENT: RULES REPORT NO. 251 BY MS. DAVILA,
RULES REPORT NO. 274 BY MR. BRAUNSTEIN AND RULES REPORT NO. 372 BY
MS. GONZÁLEZ-ROJAS. WE WILL THEN TAKE UP ON DEBATE, CALENDAR NO.
84 BY MS. ROSENTHAL. MADAM SPEAKER, IT MAY BE NECESSARY TO
ANNOUNCE ADDITIONAL FLOOR ACTIVITY AS WE PROCEED; HOWEVER, THAT IS A
GENERAL OUTLINE OF WHERE AT TODAY, MA'AM. IF YOU WOULD PLEASE CALL THE
RULES COMMITTEE TO THE SPEAKING -- SPEAKER'S CONFERENCE ROOM, WE
2
NYS ASSEMBLY JUNE 10, 2025
CAN BEGIN OUR WORK.
ACTING SPEAKER HUNTER: THANK YOU. RULES
COMMITTEE MEMBERS TO THE SPEAKER'S CONFERENCE ROOM. RULES
COMMITTEE MEMBERS TO THE SPEAKER'S CONFERENCE ROOM.
WE HAVE A PIECE OF HOUSEKEEPING THIS MORNING.
ON A MOTION BY MS. BICHOTTE HERMELYN, PAGE 20,
RULES REPORT NO. 532, BILL NO. A8412-C, THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
WE HAVE SEVERAL INTRODUCTIONS THIS MORNING. WE WILL
START WITH MS. RAJKUMAR FOR THE PURPOSE OF AN INTRODUCTION.
MS. RAJKUMAR: THANK YOU, MADAM SPEAKER.
TODAY I RISE TO HONOR A REMARKABLE NEW YORKER,
LAUREN CLAUS, THE DEVOTED GUARDIAN OF A BELOVED DOG NAMED PENNY.
LAUREN IS SOMEONE WHO EXEMPLIFIES LOVE, RESILIENCE AND CIVIC SPIRIT.
WHEN PENNY WAS TRAGICALLY HARMED, LAUREN TURNED
PAIN INTO PURPOSE. SHE HAS BECOME A QUIET BUT POWERFUL FORCE;
SPEAKING OUT, ORGANIZING AND STANDING UP FOR THE WELLBEING OF ANIMALS
ACROSS OUR STATE. A -- A RESIDENT OF NEW YORK CITY FOR FOUR YEARS,
LAUREN HAS BEEN A LOVER OF ALL ANIMALS SINCE SHE WAS YOUNG. WORKING
IN A HIGHLY STRESSFUL MEDIA ENVIRONMENT, PENNY COMES WITH HER TO
WORK EVERY DAY, PROVIDING HER SO MUCH COMFORT AND SUPPORT. WHAT
MAKES LAUREN EXTRAORDINARY IS NOT JUST HER STRENGTH AND ADVERSITY, BUT
HER DEEP BELIEF THAT OUR COMMUNITIES CAN BE SAFER, KINDER AND MORE
JUST FOR BOTH PEOPLE AND ANIMALS WE CHERISH.
IT IS A PRIVILEGE TO WELCOME LAUREN CLAUS TO THE
3
NYS ASSEMBLY JUNE 10, 2025
PEOPLE'S HOUSE. SHE REMINDS US THAT -- THAT COMPASSION IS A FORM OF
COURAGE AND THAT ONE PERSON, MOVED BY LOVE, CAN MAKE A DIFFERENCE.
PLEASE JOIN ME IN RECOGNIZING LAUREN CLAUS AND HER CHERISHED
COMPANION, PENNY.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
RAJKUMAR, THE SPEAKER AND ALL MEMBERS, WE WELCOME YOU, LAUREN AND
PENNY, TO THE ASSEMBLY CHAMBER, EXTEND TO YOU THE PRIVILEGES OF THE
FLOOR. THANK YOU SO MUCH FOR YOUR ADVOCACY FOR ALL FOUR-LEGGED
CREATURES THAT WE LOVE. WE HOPE YOU ENJOY OUR PROCEEDINGS TODAY.
THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
MS. TAPIA FOR THE PURPOSE OF AN INTRODUCTION.
MS. TAPIA: THANK YOU, MADAM SPEAKER.
I RISE TODAY TO RECOGNIZE AN EXTRAORDINARY
ORGANIZATION MAKING A PROFOUND IMPACT ON THE LIVES OF FAMILIES ACROSS
NEW YORK AND THE COUNTRY, NEPHCURE. WITH US WE HAVE MICHAEL
LEVINE, THE BOARD CHAIR FOR NEPHCURE AND HIS WIFE DANA LEVINE.
MICHAEL AND DANA HAVE A SON, MATTHEW, WHO WAS DIAGNOSED WITH
FSGS WHEN HE WAS TWO YEARS OLD. REMEMBER THAT ALSO MY SON WAS
DIAGNOSED WITH FSGS WHEN HE WAS 13 YEARS OLD.
NEPHCURE IS THE ONLY NONPROFIT ORGANIZATION IN THE
UNITED STATES EXCLUSIVELY FOCUSED ON SUPPORTING THOSE AFFECTED BY RARE
PROTEIN SPILLING KIDNEY DISEASES INCLUDING FSGS AND NEPHROTIC
SYNDROME. THESE DISEASES ARE DEVASTATING AND OFTEN STRIKE YOUNG
CHILDREN AND DISPROPORTIONATELY AFFECT COMMUNITY OF COLORS.
4
NYS ASSEMBLY JUNE 10, 2025
NEPHCURE IS LEADING THE CHARGE IN FUNDING INNOVATIVE RESEARCH,
CONNECTING FAMILIES WITH EXPERT CARE AND DRIVING ADVOCACY AT EVERY
LEVEL, FROM LOCAL COMMUNITIES TO WASHINGTON, D.C. I WANT TO THANK
THE STAFF, THE VOLUNTEERS, THE RESEARCHERS AND, MOST IMPORTANTLY, THE
PATIENTS AND FAMILIES WHO MAKE UP THE NEPHCURE COMMUNITY.
THANK YOU, MADAM SPEAKER. PLEASE SHOW THE -- THE
PRIVILEGE OF -- OF THE ASSEMBLY AND THE -- AND THE HOUSE TO THIS -- TO
THIS ORGANIZATION THAT BE CHANGING MANY LIVES AND SAVING MANY LIVES
ALL THE WAY.
ACTING SPEAKER HUNTER: THANK YOU.
ON BEHALF OF MS. TAPIA, THE SPEAKER AND ALL
MEMBERS, WE WELCOME YOU, MICHAEL AND DANA, TO THE ASSEMBLY
CHAMBER, EXTENDING THE PRIVILEGES OF THE FLOOR TO YOU. THANK YOU FOR
ALL OF THE IMPORTANT WORK THAT YOU'RE DOING WITH NEPHCURE. GOOD LUCK
AND BEST WISHES TO YOU. THANK YOU SO VERY MUCH FOR JOINING US TODAY.
(APPLAUSE)
MS. CRUZ FOR THE PURPOSE OF AN INTRODUCTION.
MS. CRUZ: THANK YOU, MADAM SPEAKER.
LATER TODAY, I WILL BE MAKING REMARKS ON A RESOLUTION
COMMEMORATING COLOMBIAN INDEPENDENCE DAY AND THE CONTRIBUTIONS
OF OUR COMMUNITY TO THE STATE. BUT, FOR NOW, I -- ON BEHALF OF MEMBER
ZACCARO AND MYSELF, I'D LIKE TO INTRODUCE THREE MEMBERS OF THE TEAM
THAT LEAD THE BIGGEST FESTIVAL OF THE COLUMBIAN COMMUNITY IN THE STATE
OF NEW YORK. (SPEAKING FOREIGN LANGUAGE) ALEXANDRA ARISTIZÁBAL
SERVES AS THE DIRECTOR OF THE FESTIVAL OF THE COLUMBIAN INDEPENDENCE
5
NYS ASSEMBLY JUNE 10, 2025
AND PRIDE [SIC], ALSO KNOWN AS FIOC. THIS FESTIVAL, WHICH ATTRACTS
MORE THAN 12,000 PEOPLE PER YEAR, BEGAN IN 2012 IN LONG ISLAND AND
MOVED TO QUEENS IN 2018. THIS YEAR MARKS THEIR 13TH ANNIVERSARY,
WHICH WILL BE HELD ON JULY 20TH, WHICH COINCIDENTALLY IS COLUMBIAN
INDEPENDENCE DAY AND IT FOCUSES ON CELEBRATING FAMILY AND
COMMUNITY. SHE'S A PROUD REPRESENTATIVE OF THE COLUMBIAN
COMMUNITY FROM THE STATE OF (INDISCERNIBLE) AND HER LEADERSHIP HAS
HELPED THE FESTIVAL GROW INTO A CHERISHED TRADITION IN OUR COMMUNITY.
JOSE ARBELAEZ IS THE CEO OF J&A GLOBAL, A COMPANY
THAT HAS SERVED NEW YORK FOR THE LAST 16 YEARS THROUGHOUT -- THROUGH
HIS WORK IN ADVERTISING, MARKETING AND LOGISTICS, ESPECIALLY FOR THE
FESTIVAL ITSELF. HE'S A DEDICATED MEMBER OF THE ORGANIZING COMMITTEE
FOR THE FESTIVAL AND -- AND HE IS ORIGINALLY ALSO FROM (INDISCERNIBLE).
JOSE HAS SPENT HIS CAREER STRENGTHENING THE CULTURAL BUSINESSES
CONNECTIONS OF THE COLUMBIAN DIASPORA IN THE STATE OF NEW YORK.
OSCAR RAMIREZ IS THE CEO OF (INDISCERNIBLE), A
COMPANY THAT HELPS BOTH RESIDENTS AND VISITORS DISCOVER THE ICONIC
LANDMARKS OF CULTURAL RICHNESS OF NEW YORK. HE IS ALSO AN ACTIVE
MEMBER OF (INDISCERNIBLE) HELPING BRING OUR COMMUNITY TOGETHER
THROUGH CELEBRATION AND HERITAGE. OSCAR HAILS FROM (INDISCERNIBLE) IN
COLUMBIA AND HAS BEEN A PASSIONATE ADVOCATE FOR UPLIFTING
COMMUNITIES -- COLUMBIAN COMMUNITY IN OUR CITY.
MADAM SPEAKER, PLEASE HELP ME WELCOME THEM TO THE
PEOPLE'S HOUSE AND EXTEND THE CORDIALITIES OF OUR HOUSE TO THEM.
THANK YOU.
6
NYS ASSEMBLY JUNE 10, 2025
ACTING SPEAKER HUNTER: THANK YOU.
ON BEHALF OF MS. CRUZ, MR. ZACCARO, THE SPEAKER AND
ALL MEMBERS, WE WELCOME OUR DISTINGUISHED GUESTS HERE TODAY AND
EXTEND THE PRIVILEGES OF THE FLOOR TO YOU AS YOU'RE HERE CELEBRATING FOR
THE 13TH ANNIVERSARY OF COLUMBIA INDEPENDENCE DAY. WE HOPE YOU
ENJOY OUR PROCEEDINGS TODAY. THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
MS. LUCAS FOR THE PURPOSE OF AN INTRODUCTION.
MS. LUCAS: GOOD MORNING AND THANK YOU, MADAM
SPEAKER.
TODAY, WE ARE JOINED BY GROUPS IN THE CHAMBER AND
ONLINE TO COMMEMORATE THE SPIRIT OF THE ANCESTORS THAT LIVES IN US ALL.
THAT ENERGY THAT FUELED THE EARLY PANAMANIANS TO SEEK THEIR OWN
FREEDOM IS THE SAME ENERGY THAT HELPED TO DEVELOP NATIONS. SO AS WE
CELEBRATE PANAMAS INDEPENDENCE DAY, WE CELEBRATE EACH OF OUR
POWERS TO CONTRIBUTE AND IGNITE FOR THE GREATER GOOD.
LATER ON TODAY WE WILL BE HONORING PANAMA'S
INDEPENDENCE DAY IN A RESOLUTION. PARTNERING WITH ME TO CREATE THIS
DAY OF CELEBRATION IN ALBANY ARE MY FRIENDS AND ADVISORS, GREGORIO
MAYERS, ESQUIRE, PRESIDENT OF THE 507 PANAMA ROUNDTABLE GROUP;
ONIDA COWARD MAYERS, PRESIDENT AND CEO OF COMADRE
COMMUNICATIONS. TOGETHER, WE ARE JOINED BY 20 LEADERS IN THE
PANAMANIAN COMMUNITY AND PROUD TO SHARE THAT THE PANAMANIAN
CONSUL GENERAL TO NEW YORK, ROOSEVELT THAYER, IS WITH US TODAY.
ALSO JOINING US ARE THE VICE CONSUL GENERAL, VILMA DI BELLO; THE
7
NYS ASSEMBLY JUNE 10, 2025
PRESIDENT OF MCCORMACK ENTERPRISES, JIMMY MCCORMACK; DR. LETICIA
THOMAS, THE DAY OF INDEPENDENCE COMMITTEE OF PANAMANIANS IN NEW
YORK WHO ARE CELEBRATING 30 YEARS OF THE PANAMANIAN DAY PARADE.
MARIA WILLIS, THE PRESIDENT; MCDALIA ROGERS, MARISSA DUNCAN, ROSA
RODRIGUEZ, MARIA MCKENZIE, VELIS NATALIA RODRIGUEZ, GIOVIANNO
MONTELLO, BRIANNA JUSTICE, NAILIA FOWLER, OUR QUEEN, LORDES LEWIN,
DICANOI PIERCE (ALL PHONETIC), AND THANK YOU, MADAM SPEAKER. AND I
ASK THAT YOU EXTEND THE CORDIALITIES OF THE HOUSE TO OUR PANAMANIAN
VILLAGE.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
LUCAS, THE SPEAKER AND ALL MEMBERS, WE WELCOME OUR SPECIAL GUESTS
THIS MORNING. THE PANAMANIAN CONSUL GENERAL, MR. ROOSEVELT
THAYER, VICE CONSUL GENERAL, ALL OF THE DAY OF INDEPENDENCE
COMMITTEE MEMBERS FOR PANAMANIANS IN NEW YORK, CONGRATULATIONS
TO YOU FOR YOUR 30-YEAR CELEBRATING FOR THE PANA -- MANIAN -- EXCUSE
ME -- PANAMANIAN DAY PARADE. WE WELCOME YOU TO THE CHAMBER,
EXTENDING THE PRIVILEGES OF THE FLOOR TO YOU. HOPE YOU ENJOY YOUR TIME
HERE TODAY AND THE PROCEEDINGS. THANK YOU SO VERY MUCH FOR JOINING
US.
(APPLAUSE)
MR. KIM FOR THE PURPOSE OF AN INTRODUCTION.
MR. KIM: THANK YOU, SPEAKER [SIC].
TODAY I AM JOINED BY MY CONSTITUENTS WHO HAVE
TRAVELED FROM QUEENS AND NEW YORK CITY TO CELEBRATE THE ONGOING
AAPI, ASIAN AMERICAN HERITAGE MONTH, BUT LATER TODAY I'LL BE
8
NYS ASSEMBLY JUNE 10, 2025
HONORING MR. HUANG SHENG, WHO IS THE PRESIDENT OF ASIAN -- THE
COMMITTEE OF ASIAN, CHAIRMAN OF THE WENZHOU OVERSEAS CHINESE
ASSOCIATION. WENZHOU, CHINA IS A REGION THAT HAS OVER NINE MILLION
CHINESE IN -- IN -- IN THAT COUNTRY. BUT THE WENZHOUNESE ARE ALL OVER
THE WORLD INCLUDING ITALY, PARIS AND OF COURSE IN NEW YORK CITY AND
THEY CONTRIBUTE SO MUCH TO OUR CULTURE IN NEW YORK STATE. AND
THROUGH MR. SHENG'S LEADERSHIP WE HAVE LEARNED SO MUCH ABOUT THE
CHINESE CULTURE, CHINESE MUSIC, THE CHINESE ART AND -- AND WE JUST
WANT TO CELEBRATE HIS LEADERSHIP FOR OUR COMMUNITY. AND ONE PIECE OF
TRIVIA THAT I LEARNED EARLIER TODAY IS THAT WENZHOU IS ACTUALLY DUBBED
THE CITY OF CHESS SINCE 1995 THAT'S PRODUCED WORLD CHESS PLAYERS OVER
THE YEARS AND THAT'S SOMETHING THAT'S VERY INTERESTING AS WELL.
SO WITH THAT, I ASK THE SPEAKER [SIC] TO -- TO WELCOME
THEM TO THE FLOOR AND SO WE CAN CONTINUE TO WORK WITH THEM IN THE
FUTURE. THANK YOU.
ACTING SPEAKER HUNTER: ON BEHALF OF MR.
KIM, THE SPEAKER AND ALL MEMBERS, WE WELCOME YOU, MR. SHENG, TO
THE ASSEMBLY CHAMBER AND DISTINGUISHED GUESTS. WE EXTEND TO YOU
THE PRIVILEGES OF THE FLOOR. THANK YOU FOR YOUR LEADERSHIP IN THE
COMMUNITY. WE HOPE YOU ENJOY OUR PROCEEDINGS TODAY. THANK YOU
ALL SO VERY MUCH FOR JOINING US.
(APPLAUSE)
PAGE 8, RULES REPORT NO. 251, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08432, RULES REPORT
NO. 251, DAVILA. AN ACT TO AMEND CHAPTER 81 OF THE LAWS OF 1995,
9
NYS ASSEMBLY JUNE 10, 2025
AMENDING THE VEHICLE AND TRAFFIC LAW AND OTHER LAWS RELATING TO THE
ENFORCEMENT OF SUPPORT THOUGH THE SUSPENSION OF DRIVING PRIVILEGES, IN
RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS BILL [SIC] SHALL TAKE EFFECT
IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MADAM SPEAKER.
SO THIS IS AN EXTENDER FOR TWO YEARS GIVING DMV THE
ABILITY TO SUSPEND SOMEBODY'S DRIVER'S LICENSE IF THEY HAVE FAILED TO
MAKE CHILD SUPPORT PAYMENTS. SO I'M GONNA SUPPORT THE EXTENDER, I
THINK IT'S NECESSARY. BUT I'VE SPOKEN ON THIS FLOOR BEFORE AND HAD
WORKED TO DEVELOP LEGISLATION WHICH WILL ENSURE THAT, IN APPROPRIATE
CIRCUMSTANCES, A -- A SUPPORT MAGISTRATE COULD HAVE THE ABILITY TO GRANT
A CONDITIONAL DRIVER'S LICENSE, ALLOWING SOMEBODY WHO HAS A JOB BUT
NEEDS WHEELS IN ORDER GET TO WORK TO MAKE THE MONEY TO PAY BACK THE
CHILD SUPPORT THAT'S OWED. I THINK THAT THAT'S REALLY SOMETHING THAT WE
SHOULD BE DOING IN ADDITION TO EXTENDING THIS. FOR FOLKS WHO AREN'T
WORKING, OR DON'T CARE TO WORK, OR FOR WHATEVER REASON, WOULD NOT BE A
GOOD CANDIDATE TO GET A CONDITIONAL DRIVER'S LICENSE, I DO THINK THAT THE
SUSPENSION OF DRIVING PRIVILEGES CAN OFTEN SERVE AS A -- A HIGHLY
10
NYS ASSEMBLY JUNE 10, 2025
EFFECTIVE MOTIVATOR TO GET CURRENT ON CHILD SUPPORT OBLIGATIONS. SO I
THINK THAT THIS DOES NEED TO BE IN OUR LAW. WE DO NEED TO ALLOW DMV
THE ABILITY TO -- TO RESTRICT OR SUSPEND DRIVING PRIVILEGES UNTIL THEY
COME CURRENT. BUT I ALSO THINK THAT ON THE OTHER SIDE OF THINGS, WE
NEED A CARROT AND A STICK HERE AND I THINK THAT A CONDITIONAL DRIVER'S
LICENSE PROGRAM WOULD BE A GOOD ONE FOR US TO DO.
SO STAY TUNED. WE'LL SEE IF I CAN GET SOMETHING IN
NEXT YEAR FOR US ALL TO CONSIDER ON THAT. BUT I'LL BE IN THE AFFIRMATIVE ON
THIS ONE. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MS. WALSH IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULT.)
THE BILL IS PASSED.
PAGE 9, RULES REPORT NO. 274, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08069-A, RULES
REPORT NO. 274, BRAUNSTEIN. AN ACT TO AMEND PART P OF CHAPTER 39 OF
THE LAWS OF 2019, AMENDING THE PUBLIC AUTHORITIES LAW RELATING TO THE
ACQUISITION AND DISPOSITION OF REAL PROPERTY, IN RELATION TO EXTENDING
THE EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
11
NYS ASSEMBLY JUNE 10, 2025
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF YOU
COULD PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM.
ACTING SPEAKER HUNTER: WAYS AND MEANS TO
THE SPEAKER'S CONFERENCE ROOM. WAYS AND MEANS COMMITTEE
MEMBERS TO THE SPEAKER'S CONFERENCE ROOM.
PAGE 13, RULES REPORT NO. 372, THE CLERK READ.
THE CLERK: ASSEMBLY NO. A00128-A, RULES
REPORT NO. 372, GONZÁLEZ-ROJAS, PAULIN, SAYEGH, EPSTEIN, HEVESI,
SHRESTHA, SIMON, JACKSON, ZACCARO, LUNSFORD, DAVILA, DE LOS SANTOS,
MAMDANI, RAGA, SHIMSKY, LASHER, TORRES, SIMONE, SOLAGES,
LEVENBERG, BICHOTTE HERMELYN, STECK, CLARK, ROZIC, KAY, P. CARROLL,
CUNNINGHAM, GALLAGHER, DINOWITZ, BURROUGHS, DAIS, REYES, HOOKS,
FORREST, RAMOS, KASSAY, WEPRIN. AN ACT TO AMEND THE INSURANCE LAW,
IN RELATION TO REQUIRING COVERAGE OF CERTAIN ASTHMA INHALERS AT NO COST.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,
2027.
ACTING SPEAKER HUNTER: THE CLERK WILL
12
NYS ASSEMBLY JUNE 10, 2025
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. GONZÁLEZ-ROJAS TO EXPLAIN HER VOTE.
MS. GONZÁLEZ-ROJAS: THANK YOU, MADAM
SPEAKER.
AS A PROUD REPRESENTATIVE OF ASTORIA, PART OF WHAT'S
KNOWN AS "ASTHMA ALLEY", I KNOW ALL TOO WELL THE DEVASTATING TOLL
ASTHMA TAKES ON OUR FAMILIES, ESPECIALLY BROWN AND BLACK CHILDREN
LIVING IN THE SHADOW OF HIGHWAYS, POWER PLANT [SIC] AND POLLUTION.
TOO MANY PARENTS IN MY DISTRICT AND ACROSS THE STATE HAVE RUSHED TO
THE ER IN THE MIDDLE OF THE NIGHT CLUTCHING THEIR CHILD'S INHALER
PRAYING THAT IT'S ENOUGH. TOO MANY NEW YORKERS HAVE HAD TO CHOOSE
BETWEEN THEIR HEALTH AND THEIR PAYCHECK, OR BETWEEN BREATHING EASIER,
OR NAVIGATING A COMPLICATED HEALTHCARE SYSTEM THAT OFTEN PUTS UP MORE
BARRIERS THAN BRIDGES. THIS IS MORE THAN A BILL, THIS IS A LIFELINE. IT
TEARS DOWN SOME OF THOSE BARRIERS, MAKING IT EASIER FOR PATIENTS TO
ACCESS THE MEDICATIONS THEY NEED WHEN IT'S -- WHEN THEY NEED THEM
WITHOUT HUGE FINANCIAL BARRIERS. THIS BILL MOVES US CLOSER TO HEALTH
JUSTICE AND SAYS THAT EVERY NEW YORKER, REGARDLESS OF ZIP CODE, RACE OR
INCOME DESERVES THE BASIC RIGHT TO BREATHE.
SO I WANT TO THANK OUR SPEAKER AND THEN MY
COLLEAGUE IN THE SENATE FOR ADVANCING THIS BILL AND I'M VERY PROUD TO
VOTE IN THE AFFIRMATIVE. THANK YOU SO MUCH.
ACTING SPEAKER HUNTER: MRS.
GONZÁLEZ-ROJAS IN THE AFFIRMATIVE.
13
NYS ASSEMBLY JUNE 10, 2025
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULT.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, THANK
YOU SO MUCH FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS FOR THE
PURPOSES OF AN INTRODUCTION ON BEHALF OF OUR COLLEAGUE, GARY PRETLOW,
AND THE MEMBERS OF THE COMMUNITY OF YONKERS, NEW YORK. WE HAVE
WITH MS. WHEELCHAIR NEW YORK OF 2025. HER NAME IS MS. LATAVIA
STURDIVANT. SHE IS A LICENSED SPEECH PATHOLOGIST IN NEW YORK AND IN
THE STATE OF MAINE. SHE'S AN ADJUNCT PROFESSOR AT LEHMAN COLLEGE IN
THE BRONX AND A LEAD ADVOCATE FOR THE -- FOR AN AMPUTEE COALITION.
THIS AMAZING YOUNG LADY AND THE -- FOR THE AMAZING WORK THAT SHE'S
DONE FOR PEOPLE ACROSS OUR STATE AS WELL AS IN THE STATE OF MAINE,
WOULD YOU PLEASE GIVE HER THE CORD -- WELCOME HER TO OUR HOUSE AND
GIVE HER THE CORDIALITIES OF OUR FLOOR.
ACTING SPEAKER HUNTER: ON BEHALF OF MR.
PRETLOW, THE MEMBERS THAT REPRESENT YONKERS, THE SPEAKER AND ALL THE
MEMBERS, WE WELCOME MS. WHEELCHAIR NEW YORK 2025 TO OUR
ASSEMBLY CHAMBER AND EXTEND TO YOU ALL OF THE PRIVILEGES OF THE FLOOR.
CONGRATULATIONS TO YOU, WONDERFUL SUCCESSES. WE THANK YOU SO VERY
MUCH FOR BEING HERE TODAY. WE HOPE YOU ENJOY OUR PROCEEDINGS.
THANK YOU.
(APPLAUSE)
PAGE 25, CALENDAR NO. 84, THE CLERK READ.
14
NYS ASSEMBLY JUNE 10, 2025
THE CLERK: ASSEMBLY NO. A00893, CALENDAR NO.
84, ROSENTHAL, GLICK, LUNSFORD, JACOBSON, SHRESTHA, EPSTEIN, DAVILA,
REYES, KELLES, BORES, WEPRIN, RAGA, GONZÁLES-ROJAS, CLARK, RIVERA,
CUNNINGHAM, BRONSON, SANTABARBARA, SIMON, SEAWRIGHT, COLTON,
HEVESI, SHIMSKY, OTIS, LASHER. AN ACT TO AMEND THE INSURANCE LAW,
IN RELATION TO PROHIBITING CERTAIN RESTRICTIONS AS IT RELATES TO DOG BREED.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION HAS BEEN REQUESTED, MS. ROSENTHAL.
WE'RE ON DEBATE, COLLEAGUES. THANK YOU.
MS. ROSENTHAL: THANK YOU, MADAM SPEAKER.
THIS BILL WOULD PROHIBIT AN INSURER FROM CANCELING,
REFUSING TO ISSUE OR RENEW, INCREASING THE PREMIUM OF A RENTER'S
INSURANCE POLICY OR EXCLUDING, LIMITING, RESTRICTING OR REDUCING
COVERAGE BASED SOLELY UPON A POLICYHOLDER'S HARBORING OR OWNING ANY
DOG OF A SPECIFIC BREED OR MIXTURE OF BREEDS.
ACTING SPEAKER HUNTER: MR. BLANKENBUSH.
MR. BLANKENBUSH: THANK YOU, MADAM CHAIR --
SPONSOR. WILL THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. BLANKENBUSH: BACK IN 2021 OR 2022, WE
15
NYS ASSEMBLY JUNE 10, 2025
PASSED A SIMILAR BILL, CORRECT?
MS. ROSENTHAL: CORRECT, WE PASSED IT FOR
HOMEOWNERS.
MR. BLANKENBUSH: SO WHAT'S THE DIFFERENCE
BETWEEN THIS BILL AND THE BILL THAT WE PASSED IN 2022?
MS. ROSENTHAL: THIS BILL ADDS RENTERS TO THE LAW
THAT COVERS HOMEOWNERS.
MR. BLANKENBUSH: OKAY. SO A HOMEOWNER -- A
RENTER'S POLICY IS AN HO4.
MS. ROSENTHAL: IS WHAT?
MR. BLANKENBUSH: A RENTER'S POLICY IS AN HO4.
OKAY?
MS. ROSENTHAL: YOU'RE USING TECHNICAL TERMS I
DON'T KNOW.
MR. BLANKENBUSH: WELL, AN HO4 IS A RENTER'S
INSURANCE POLICY --
MS. ROSENTHAL: OKAY.
MR. BLANKENBUSH: -- AND HO MEANS
HOMEOWNERS.
MS. ROSENTHAL: OKAY.
MR. BLANKENBUSH: SO I -- I GUESS THE POINT IS
THAT A RENTER'S INSURANCE POLICY IS UNDER THE UMBRELLA OF HOMEOWNERS.
MS. ROSENTHAL: OH, I SEE. OKAY.
MR. BLANKENBUSH: SO MY POINT IS, WHY ARE WE
PICKING OUT RENTERS, WHICH IS A HOMEOWNERS 4 POLICY, OUT OF THE
16
NYS ASSEMBLY JUNE 10, 2025
UMBRELLA OF HOMEOWNERS? I -- I DON'T UNDERSTAND WHY IT DOESN'T FALL IN
THAT CATEGORY THAT WE PASSED BACK IN 2021--
MS. ROSENTHAL: ONE. YEAH, 2021. IT COULD BE
INTERPRETED AS REFERRING TO RENTER'S INSURANCE AS WELL, BUT THE INTENTION
OF THE ORIGINAL LAW WAS ONLY TO PERTAIN TO HOMEOWNERS INSURANCE. SO
WE JUST WANT TO MAKE SURE THAT RENTERS ARE COVERED SO IT EXPLICITLY
NAMES RENTER'S POLICIES.
MR. BLANKENBUSH: SO UNDER THE OLD LAW OR THE
LAW THAT'S THERE RIGHT NOW, WE HAVE HOMEOWNER -- WE HAVE HO1'S,
HO2'S, HO3'S, HO4'S, THE RENTER'S INSURANCE, AND IT GOES UP HO6,
HO7. SO WHICH OF THE HOMEOWNERS POLICIES COVERS THAT -- WHICH --
WHICH DOESN'T COVER AND WHICH DOES COVER THE -- THE BILL THAT'S IN PLACE
RIGHT NOW?
MS. ROSENTHAL: THE LAW OR THIS BILL?
MR. BLANKENBUSH: SAY AGAIN?
MS. ROSENTHAL: THE LAW OR THIS BILL?
MR. BLANKENBUSH: NO. I -- I'M TALKING ABOUT
THE OLD -- THE BILL THAT'S IN PLACE RIGHT NOW.
MS. ROSENTHAL: THAT ONE, YEAH.
MR. BLANKENBUSH: IF HO4 IS NOT COVERED AND
WE HAD TO BRING IT OUT AS RENTER'S INSURANCE, ALL THE OTHER FORMS OF
HOMEOWNERS POLICIES: HO1, HO2, HO3, HO6, HO7, YOU KNOW, IT
GOES TO HO10. SO SOME OF THOSE ARE NOT COVERED, BUT SOME ARE
COVERED UNDER -- UNDER THE BILL -- UNDER THE CURRENT LAW?
MS. ROSENTHAL: YOU KNOW, ONCE THIS BILL IS
17
NYS ASSEMBLY JUNE 10, 2025
PASSED INTO LAW, IT WILL MAKE IT EXPLICITLY CLEAR THAT HOMEOWNERS AND
RENTERS ARE COVERED.
MR. BLANKENBUSH: SO IS A -- IS A HOMEOWNERS
SEVEN COVERED UNDER THE CURRENT?
MS. ROSENTHAL: YOU KNOW, YOU'RE IN THAT
BUSINESS. I DON'T REFER TO THINGS BY --
MR. BLANKENBUSH: WELL, LET ME TELL YOU --
MS. ROSENTHAL: -- NUMBERS LIKE THAT.
MR. BLANKENBUSH: OKAY. WELL --
MS. ROSENTHAL: WHAT I EXPLAINED IS THIS BILL WILL
COVER RENTERS.
MR. BLANKENBUSH: BUT, WILL IT -- AN HO7
COVERS MANUFACTURERS, HOMES AND TRAILERS. IS THAT COVERED?
MS. ROSENTHAL: IF IT'S RENTERS --
MR. BLANKENBUSH: UNDER THE CURRENT -- UNDER
THE CURRENT BILL.
MS. ROSENTHAL: CURRENT LAW OR CURRENT BILL?
MR. BLANKENBUSH: THE CURRENT LAW. THE ONE
THAT WE PASSED BACK IN 20...
MS. ROSENTHAL: THAT COVERS HOMEOWNERS, JUST
SAYING. IT DOES COVER HOMEOWNERS. SO IF YOU OWN DIFFERENT TYPES OF
HOME [SIC], IT WOULD BE COVERED.
MR. BLANKENBUSH: AND -- AND THAT'S THE SAME --
THAT'S THE SAME AS HOMEOWNER SIX, WHICH IS CONDOS?
MS. ROSENTHAL: THE GOAL IS -- IF SOMEONE OWNS
18
NYS ASSEMBLY JUNE 10, 2025
A CONDO, THEY'RE A HOMEOWNER.
MR. BLANKENBUSH: WELL, THEY CAN RENT CONDOS.
MS. ROSENTHAL: WELL, IF THEY'RE A RENTER, THEN
THEY WILL BE COVERED ONCE THIS BECOMES LAW. THE GOAL IS TO BE AS
INCLUSIVE AS POSSIBLE. SO TO CAPTURE WHETHER YOU'RE A HOMEOWNER,
WHATEVER TYPE OF HOME YOU HAVE, WHETHER YOU'RE A RENTER, WHETHER YOU
RENT IN A CONDO, YOU RENT IN AN APARTMENT THAT'S RENT-REGULATED OR NOT.
THE POINT OF THIS IS TO GIVE THE OPPORTUNITY FOR RENTERS TO OBTAIN
INSURANCE REGARDLESS OF THE "BREED OR TYPE OF DOG THEY HAVE."
MR. BLANKENBUSH: AND -- AND I UNDERSTAND
THAT. EXCEPT THAT MY -- MY POINT, I GUESS, THAT I'M GETTING TO IS THAT
UNDER THE UMBRELLA OF HOMEOWNERS INSURANCE IS AN HO4 WHICH COVERS
RENTERS.
MS. ROSENTHAL: OKAY.
MR. BLANKENBUSH: SO I WOULD -- I WOULD'VE
ASSUMED THAT WHEN WE VOTED ON THIS BACK THEN, THAT IT WOULD ALSO
COVER ANYTHING THAT'S UNDER THE UMBRELLA OF HOMEOWNERS.
MS. ROSENTHAL: WELL --
MR. BLANKENBUSH: SO WHY DON'T WE PASS A
SECOND -- ANOTHER BILL JUST TO PICK OUT RENTERS? IF THAT'S THE CASE,
SHOULDN'T WE PASS A BILL THAT WOULD BE UNDER THE OTHER BRANDS OF
HOMEOWNERS LIKE HO6, HO7, ALL OF THEM?
MS. ROSENTHAL: AS I SAID BEFORE, THE DEFINITION
OF HOMEOWNERS INSURANCE THAT WE PASSED IN 2021 MIGHT BE OR MIGHT
NOT BE INTERPRETED AS INCLUDING RENTER'S INSURANCE POLICIES. SO THE
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NYS ASSEMBLY JUNE 10, 2025
ORIGINAL LAW INTENT WAS ONLY TO PERTAIN TO HOMEOWNERS INSURANCE. SO
WITH THIS --
MR. BLANKENBUSH: OKAY. SO --
MS. ROSENTHAL: WAIT, LET ME FINISH, PLEASE.
WITH THIS, WE ARE GOING TO GUARANTEE THAT THERE'S NO GRAY AREA AND THAT
RENTERS ARE COVERED BY THE SAME PROVISION.
MR. BLANKENBUSH: SO WOULDN'T IT HAVE BEEN THE
EASIEST PART OF THIS WHOLE THING IS TO AMEND THE ORIGINAL BILL -- THE
ORIGINAL LAW TO MAKE IT CLEAR IN WRITING THAT WE COVER BOTH? WHY --
WHY ARE WE -- I GUESS THE POINT IS, WE'RE GOING THROUGH A WHOLE BILL
PROCESS WHEN, AS A MATTER OF FACT, ALL WE WOULD'VE HAD TO DONE [SIC] IS
AMEND THE ORIGINAL BILL TO PUT THE WORDING IN THERE FOR RENTING.
MS. ROSENTHAL: BUT THAT'S WHAT THIS IS, IT'S
AMENDING THE ORIGINAL LAW.
MR. BLANKENBUSH: NO, THIS IS A BRAND-NEW LAW
WE'RE PUTTING ON THE BOOKS. WE'RE NOT AMENDING THE OLD LAW.
MS. ROSENTHAL: YOU KNOW, I -- I WAS NOT THE
SPONSOR OF THE ORIGINAL. I, OF COURSE, SUPPORTED IT AND IT PASSED, IT
BECAME LAW. MY CONCERN HERE WAS RENTERS AND THAT'S WHY I HAVE THIS
BILL AND YOU DON'T SEEM TO OBJECT TO IT COVERING RENTERS. SO WE JUST
WANT TO MAKE SURE IT DOES SO THAT AN INSURANCE COMPANY MAY SAY, WAIT,
THIS JUST COVERS A HOMEOWNER. SO WE WANT TO BE SURE IT'S AN EVEN
PLAYING FIELD FOR EVERYBODY WHO OCCUPIES A HOME, REGARDLESS OF A
"BREED OR TYPE OF DOG."
MR. BLANKENBUSH: OKAY. I -- I'M GONNA -- I'M
20
NYS ASSEMBLY JUNE 10, 2025
GONNA GO ON TO OTHER THINGS NOW, BUT I JUST -- I -- MY POINT IS THAT
UNDER THE CURRENT INSURANCE LAW, HOMEOWNERS POLICIES ARE ALL LISTED AS
HO'S AND SHOULD HAVE BEEN -- THE BILL SHOULD'VE BEEN AMENDED IF YOU
WANTED THE WORDING A LITTLE BIT DIFFERENT.
MS. ROSENTHAL: OKAY. CAN I JUST CLARIFY THAT WE
ARE AMENDING THE ORIGINAL LAW THAT SAYS HOMEOWNERS LIABILITY
INSURANCE DOGS [SIC]. SO WE'RE ADDING "AND RENTERS INSURANCE". SO WE
ARE AMENDING THE ORIGINAL, ADDING "RENTERS" FOR CLARITY.
MR. BLANKENBUSH: BUT AGAIN, THIS IS A NEW BILL.
THIS IS AN AMENDMENT.
MS. ROSENTHAL: IT'S A NEW BILL, BUT IT AMENDS A
LAW. IT AMENDS THE 2021 LAW.
MR. BLANKENBUSH: OKAY. LET'S GO ON TO --
MS. ROSENTHAL: I MEAN, THAT'S HOW YOU PASS
LAWS. YOU MAKE AMENDMENTS AND CALL THEM A BILL, AND THAT'S WHAT WE
DID.
MR. BLANKENBUSH: OKAY. NOW, WOULD YOU
AGREE OR WOULD YOU NOT AGREE THAT THERE ARE CERTAIN BREEDS OF DOGS THAT
ARE MORE DANGEROUS THAN OTHERS?
MS. ROSENTHAL: THAT IS A MYTH.
MR. BLANKENBUSH: THAT'S WHAT?
MS. ROSENTHAL: THAT IS A MYTH. EVERYTHING
DEPENDS ON THE INDIVIDUAL DOG.
MR. BLANKENBUSH: WELL, HERE'S THE MYTH.
SIXTY-FOUR PERCENT OF THE DEATHS BY BITES OR ATTACKS BY ANIMALS, 64
21
NYS ASSEMBLY JUNE 10, 2025
PERCENT WERE PIT BULLS. NOW, IS THAT A MYTH?
MS. ROSENTHAL: PIT BULLS ARE NOT A BREED, PIT
BULLS ARE A COMBINATION OF DIFFERENT BREEDS. PIT BULLS ARE NOT -- DO NOT
HAVE MORE PROCLIVITY TOWARD BITTING THAN A CHIHUAHUA OR A DACHSHUND.
IT DEPENDS ON THE DOG, IT DEPENDS ON THE DOG'S OWNER, IT DEPENDS ON
HOW THE DOG IS RAISED, IT DEPENDS ON IF THE OWNER BREED -- OWNER TRAINS
THEM TO BE FIGHTERS. I CAN TELL YOU SO MANY STORIES OF PIT BULLS THAT ARE
COMPANION, GENTLE ANIMALS. AND SO, YOU CAN'T REALLY CAPTURE A DOG BY
SAYING, WELL, THIS BREED DOES THAT. AND THE TERM "PIT BULL" ISN'T ONE
SPECIFIC BREED OF DOG. THEY'RE ALL DIFFERENT TYPES OF -- OF DOGS THAT THEY
TRY TO JAM INTO THAT CATEGORY. THE AVMA, THE ASSOCIATION OF
VETERINARY MEDICINE [SIC], THEY SAY DEFINITIVELY THAT PIT BULLS ARE NOT
"DANGEROUS ANY MORE THAN ANY OTHER ANIMAL." BECAUSE IT DEPENDS ON
THE PARTICULAR DOG.
MR. BLANKENBUSH: WELL, YOU'RE RIGHT. THAT'S --
THAT'S FOR SURE, EXCEPT THERE'S STATISTICS THAT PROVE THAT THAT BREED OF DOG
OR WHATEVER YOU -- THE PIT BULL, IS -- IS ONE THAT IS A LITTLE BIT MORE
DANGEROUS THAN OTHER -- NOW, AND WHEN YOU'RE WRITING --
MS. ROSENTHAL: NO, NO, NO. THE -- THE STATISTICS
--
MR. BLANKENBUSH: PARDON ME?
MS. ROSENTHAL: -- SHOW THAT PIT BULL-IDENTIFIED
DOGS ARE RESPONSIBLE FOR DOG BITES IN THE U.S. BASED ON COLLECTED DATA
WHERE DOGS ARE MISIDENTIFIED AS PIT BULLS. SO, THEREFORE, THE STATS LOOK
LIKE OH, MY GOODNESS, IT'S PITS -- PIT BULLS. HOWEVER, EVEN
22
NYS ASSEMBLY JUNE 10, 2025
VETERINARIANS SAYS THAT VISUAL INSPECTION DOES NOT LEAD TO AN ACCURATE
CLASSIFICATION OF AN ANIMAL AND YOU CAN'T ASCERTAIN A DOG'S ACTUAL BREED
UNLESS YOU DO DNA TESTING. YOU CAN'T DO IT BY VISION.
MR. BLANKENBUSH: DO YOU KNOW THAT A -- A PIT
BULL BITES DIFFERENTLY THAN ANY OTHER DOG?
MS. ROSENTHAL: I THINK A DOG'S BITE HAS TO DO
WITH HOW THEY ARE CONSTITUTED. SO DACHSHUND'S BITE, CHIHUAHUA'S BITE,
TERRIER'S BITE, ALL DOGS HAVE THAT CAPABILITY. HOWEVER, IT DEPENDS ON
THE OWNER.
MR. BLANKENBUSH: WELL, FIRST OF ALL, A PIT BULL
DOESN'T BITE LIKE ANY OTHER NORMAL DOG. THEIR -- THEIR -- THEIR JAWS
LOCK IN AND TEAR RATHER THAN JUST BITE. SO IT'S -- IT'S A DIFFERENT -- IT'S
DIFFERENT WHEN THEY BITE A CHILD OR WHEN THEY BITE A NEIGHBOR, OR WHEN
THEY -- IT -- IT'S JUST A DIFFERENT BITE BECAUSE OF THE WAY THEY -- THEIR
JAWS LOCK IN AND THEN RIP, INSTEAD OF JUST BITING. SO WHEN SOMEONE
WHO GETS BIT SEVERELY BY A PIT BULL, IS A LITTLE BIT DIFFERENT THAN A NORMAL
DOG THAT JUST NIPS OR BITES AT YOU. THEY RIP AND TEAR. SO THE DAMAGES
THAT COME OUT OF A -- OF A DOG BITE THAT'S A PIT BULL IS MORE SEVERE AND
THE -- THE AWARDS AND THE LIABILITY OF -- OF THE AWARDS THAT THEY HAVE TO
PAY OUT IS USUALLY HIGHER WITH PIT BULLS. I'M ONLY PICKING ON PIT BULLS.
YOU CAN PICK ON OTHER -- OTHER DOGS, TOO.
MS. ROSENTHAL: WELL, AS I SAID, PIT BULL IS NOT A
BREED. SO MY QUESTION IS, ARE YOU TALKING --
MR. BLANKENBUSH: WELL, LET'S USE THE WORD PIT
BULL.
23
NYS ASSEMBLY JUNE 10, 2025
MS. ROSENTHAL: ARE YOU TALKING ABOUT PUREBRED
AMERICAN STAFFORDSHIRE TERRIERS, STAFFORDSHIRE BULL TERRIERS,
AMERICAN PIT BULL TERRIERS, AMERICAN BULLDOGS, A MIX OF THOSE BREEDS
OR OTHER DOGS WHO SHARE SIMILAR PHYSICAL CHARACTERISTICS? WHAT ARE
YOU TALKING ABOUT? NUMBER TWO, YOU ARE GOING TO, WELL, THEY'RE GOING
TO BITE AND I'VE ALREADY ASSERTED EARLIER THAT IT DEPENDS ON HOW THE
OWNER TRAINS THE DOG. ANY DOG CAN BE TRAINED TO BITE AND ANY DOG --
THE ISSUE OF A DOG HAVING A LOCKING JAW ALSO IS A MYTH. REGARDLESS OF
BREED, DOGS DON'T HAVE AN ANATOMICAL JAW STRUCTURE THAT ALLOWS FOR A
LOCKING MECHANISM. I THINK WE'RE DEALING WITH A LOT OF MYTHS HERE
AND, YOU KNOW, PIT BULLS IN THE 80'S WERE USED TO FIGHT. THEY WERE --
THEY WERE BRED TO FIGHT. THOSE PARTICULAR COHORT OF DOGS. THEY WERE
USED FOR FIGHTING IN A VERY CRUEL INDUSTRY OF DOG FIGHTING. MANY YEARS
LATER, WE'VE DISPELLED THAT MYTH. PIT BULLS, OR THAT BREED, OR THAT MIX,
HAVE GENTLE NATURES THAT IF THE OWNER WANTS TO NOT SPAY OR NEUTER, TREAT
THEM HORRIBLY, TRAIN THEM TO FIGHT --
MR. BLANKENBUSH: WELL, THAT'S IN ANY DOG.
MS. ROSENTHAL: -- THEN YES, THEY CAN TRAIN THEM
TO FIGHT, AS ANY DOG.
MR. BLANKENBUSH: WELL, THAT CAN BE SAID ABOUT
ANY ANIMAL.
MS. ROSENTHAL: THAT'S TRUE.
MR. BLANKENBUSH: SO I -- I GUESS --
MS. ROSENTHAL: THAT'S WHY --
MR. BLANKENBUSH: -- I GUESS -- YOU'RE -- YOU'RE
24
NYS ASSEMBLY JUNE 10, 2025
USING THE WORD "MYTH" --
MS. ROSENTHAL: YES.
MR. BLANKENBUSH: -- I'M USING STATISTICS THAT
THE COMPANIES HAVE PAID OUT. IF THEY PAID OUT MILLIONS OF DOLLARS,
THEY'VE PAID OUT MILLIONS OF DOLLARS ON DOG BITES. THAT'S A -- THAT'S NOT
A MYTH, THAT'S A PROVEN STATISTIC THAT CAN BE PROVEN.
MS. ROSENTHAL: BUT IT'S BASED ON
MISCHARACTERIZATION OF THE ANIMAL THAT DID THE BITE. IT'S NOT BASED ON
THE BREED. IT'S BASED ON SOMEONE SAYING, OH YEAH, IT LOOKS LIKE A PIT
BULL, I THINK IT'S A PIT BULL. THAT DOESN'T MEAN THAT IT ACTUALLY IS THAT
MIX OF BREEDS.
MR. BLANKENBUSH: OKAY. SO LET'S GET OFF THE
PIT BULL. SO YOUR BILL -- YOUR BILL WILL NOT ALLOW AN INSURANCE COMPANY
TO UNDERWRITE A PIECE OF RENTER'S INSURANCE BECAUSE OF THE BREED OF DOG,
CORRECT?
MS. ROSENTHAL: NO, IT HAS TO BE -- THERE ARE
WAYS FOR AN INSURANCE COMPANY TO DENY COVERAGE. SO FOR EXAMPLE --
(BUZZER SOUNDS)
ACTING SPEAKER HUNTER: GO AHEAD, MR.
BLANKENBUSH.
MS. ROSENTHAL: NO, NO. I WAS TALKING BUT THE
BUZZER WENT OFF.
ACTING SPEAKER HUNTER: DO YOU WANT YOUR
SECOND --
MR. BLANKENBUSH: THE SPONSOR -- THE SPONSOR
25
NYS ASSEMBLY JUNE 10, 2025
WAS SPEAKING.
ACTING SPEAKER HUNTER: YES. DO YOU WANT
YOUR SECOND 15 MINUTES?
MR. BLANKENBUSH: I DO. THANK YOU.
ACTING SPEAKER HUNTER: OKAY. GO AHEAD,
MS. ROSENTHAL.
MS. ROSENTHAL: LET ME -- LET ME RECALL WHERE I
WAS AT. OH, YES. SO IF AN ANIMAL HAS BEEN DEEMED DANGEROUS, FOR
EXAMPLE.
MR. BLANKENBUSH: MM-HMM.
MS. ROSENTHAL: SO IN PARTICULAR SECTION 3421 OF
THE INSURANCE LAW ALLOWS AN INSURER TO REFUSE TO ISSUE OR RENEW OR CAN
CANCEL AN INSURANCE POLICY OR INCREASE THE PREMIUM FOR SUCH POLICY
BASED UPON THE DESIGNATION OF A DOG AS A DANGEROUS DOG. SO IN THOSE
CASES, THE INSURANCE COMPANY CAN SAY NO OR CANCEL OR CHARGE A MUCH
HIGHER PREMIUM. THAT'S BASED ON UNDERWRITING AND ACTUARIAL
PRINCIPLES.
MR. BLANKENBUSH: BUT THAT'S NOT WHAT YOUR BILL
SAYS. YOU'RE SAYING THAT'S INSURANCE LAW, BUT DOESN'T THE BILL --
MS. ROSENTHAL: YES.
MR. BLANKENBUSH: -- BUT DOESN'T THE BILL STOP
AN INSURANCE --
MS. ROSENTHAL: WELL, THIS -- NO.
MR. BLANKENBUSH: EXCUSE ME, BUT, DOESN'T THE
BILL STOP AN INSURANCE COMPANY FROM RENEWING A POLICY? YOU'RE
26
NYS ASSEMBLY JUNE 10, 2025
SAYING NO?
MS. ROSENTHAL: NO.
MR. BLANKENBUSH: I DISAGREE WITH THAT.
MS. ROSENTHAL: BECAUSE THERE ARE OTHER SECTIONS
OF LAW THAT DEAL WITH THIS ISSUE. IF IT'S BASED ON A BREED, YOU CANNOT DO
IT. HOWEVER, BASED ON THE INDIVIDUAL DOG, THERE MAY BE REASONS THAT
THE INSURANCE COMPANY HAS TO NOT COVER THEM.
MR. BLANKENBUSH: OKAY. SO WHAT YOU'RE
SAYING THEN, TOO, IS LET'S SAY I'M UNDERWRITING -- I'M UNDERWRITING A
PIECE OF BUSINESS, BRAND NEW.
MS. ROSENTHAL: RIGHT.
MR. BLANKENBUSH: AND I -- I HAVE A DOG.
MS. ROSENTHAL: YES.
MR. BLANKENBUSH: PICK A DOG, I DON'T CARE WHAT
-- SO YOU'RE SAYING THAT AN INSURANCE COMPANY HAS THE RIGHT, AT
UNDERWRITING, THAT THEY CAN TURN DOWN THAT PIECE OF BUSINESS BEC --
MS. ROSENTHAL: IF THE DOG IS DEEMED A
DANGEROUS DOG --
MR. BLANKENBUSH: HOW WOULD THEY KNOW --
MS. ROSENTHAL: IT'S NOT BASED ON THE BREED, IT'S
MY WHOLE POINT HERE. IT'S NOT BASED ON A BREED. IT'S BASED UPON THE
INDIVIDUAL.
MR. BLANKENBUSH: SO HOW WOULD THEY KNOW
IT'S A DANGEROUS DOG? THAT'S MY QUESTION.
MS. ROSENTHAL: I'M SORRY? SO LET ME -- LET ME
27
NYS ASSEMBLY JUNE 10, 2025
GIVE YOU MORE ON THE SECTION. 123 OF THE AGRICULTURE AND MARKETS
LAW PROVIDES THAT IF A PERSON WITNESSES AN ATTACK OR IS THREAT -- OR
THREATENED ATTACK BY A DOG, A JUDGE CAN DECLARE THE DOG TO BE
DANGEROUS AND FORCE THE OWNER TO TAKE CORRECTIVE ACTIONS SUCH AS
RESTRAINING THE DOG ON A LEASH, MUZZLING THE DOG WHEN IT'S IN PUBLIC, IN
CERTAIN CIRCUMSTANCES THE JUDGE COULD EVEN ORDER THAT THE DOG BE PUT
DOWN. SO IT'S NOT OH, HERE'S A BREED. YOU CAN DENY. NO. IT'S HERE'S A
DOG WHO'S BEEN DEEMED DANGEROUS. YOU CAN DENY, YOU CAN CANCEL,
YOU CAN CHARGE A HIGHER PREMIUM. THIS IS ALL BASED ON BREED.
MR. BLANKENBUSH: SO AFTER THAT JUDGE DECLARES
THAT DOG DANGEROUS, THAT'S AFTER THE FACT.
MS. ROSENTHAL: WELL, NO, NOT NECESSARILY.
MR. BLANKENBUSH: WHY WOULD A -- WHY WOULD
HE -- WHY WOULD SOMEONE JUDGE A DOG TO BE DANGEROUS IF THERE WASN'T
AN INCIDENT OR SOMETHING BEFORE?
MS. ROSENTHAL: BUT THAT DOESN'T MEAN THAT THE
JUDGE DIDN'T SAY, WELL, WHEN YOU TAKE THE DOG OUT, THEY HAVE TO WEAR A
MUZZLE. SO THAT'S ALLOWED. YOU CAN KEEP THE DOG AND THEY WEAR A
MUZZLE, OR THEY CAN CHARGE YOU A HIGHER PREMIUM. THE INSURANCE
COMPANY CAN ADJUST THE RATES. LET'S SAY IT SAYS, YES, THE DOG IS
DANGEROUS, HAS BEEN DEEMED DANGEROUS. MAYBE IT WAS TEN YEARS AGO,
THE DOG IS NOW ELDERLY, IT WEARS A MUZZLE. THE INSURANCE COMPANY CAN
FIGURE OUT, WELL, YOU KNOW, THE DOG SEEMS OKAY NOW, BUT WE WILL
CHARGE A HIGHER PREMIUM. IT'S SORT OF LIKE WHEN YOU'RE IN A CAR
ACCIDENT, INSURANCE COMPANIES RAISE YOUR PREMIUM. IT'S -- IT'S A VERY
28
NYS ASSEMBLY JUNE 10, 2025
ANALOGOUS SITUATION.
MR. BLANKENBUSH: THE -- THE BIG DIFFERENCE
BETWEEN THAT ANALOGY IS THAT -- THE FACT IS THAT IF YOU'RE IN AN
AUTOMOBILE ACCIDENT, YOU'RE IN AN AUTOMOBILE ACCIDENT. IF YOU HAVE A
DANGEROUS DOG IN YOUR HOUSE, IT'D BE --
MS. ROSENTHAL: BUT THAT'S UP TO THE INSURANCE
COMPANY. YOU KNOW, I'M NOT DECIDING FOR THEM. I'M JUST SAYING YOU
CAN'T BASE IT ON A BREED. YOU CAN BASE IT ON THE CHARACTERISTICS THAT ARE
SHOWN OF THAT DOG, IF THE DOG HAS BEEN DEEMED DANGEROUS, FOR
EXAMPLE. YOU JUST CAN'T SAY, OH YOU HAVE A PIT BULL? WE'RE NOT
INSURING YOU. THEY'RE SAYING WHATEVER BREED YOU HAVE, IF IT'S
DANGEROUS, THEN THEY HAVE LEEWAY. BUT THEY CAN'T BLANKET STATEMENT
SAY, WELL, THAT'S A PIT BULL, WE'RE NOT INSURING YOU. THAT'S THE WHOLE
ESSENCE OF THIS.
MR. BLANKENBUSH: SO -- SO, THE UNDERWRITER,
FOR EXAMPLE, CAN'T USE STATISTICS ON A CERTAIN BREED OF DOG THAT COULD BE
MORE DANGEROUS THAN ANOTHER BREED OF DOG. THAT'S WHAT YOU'RE SAYING.
MS. ROSENTHAL: WHAT I'M SAYING IS THAT STATISTICS
THAT HAVE EVOKED OH, IT'S PIT BULLS, ARE MISLEADING AND IF YOU ASK ALL THE
EXPERTS, THE HEAD VETERINARIANS, ALL OF THE ANIMALS -- ANIMAL WELFARE
GROUPS, THEY ALL AGREE THAT YOU CANNOT SAY A SPECIFIC BREED IS MORE
LIKELY TO DO ANYTHING THAN OTHER BREED. AND WE -- YOU KNOW, WE
ALREADY DO THIS FOR HOMEOWNERS, SO, I THINK IT'S -- IT'S WORKED OUT.
MR. BLANKENBUSH: OKAY. ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
29
NYS ASSEMBLY JUNE 10, 2025
MR. BLANKENBUSH: THE POINT IS THAT I -- I USE
THE -- I USE THE ANALOGY OF A PIT BULL, BUT IT COULD BE ANY ANIMAL THAT HAS
HAD INSTANCES OF LIABILITY PAYMENTS. OVER -- OVER THE YEARS, I THINK IT
WAS IN 2023, OVER A MILLION TWO DOLLARS [SIC] HAVE BEEN PAID OUT IN --
IN CLAIMS ON DOG BITES. THE -- THE POINT IS, THAT WHEN THE INSURANCE
COMPANIES WRITE A PIECE OF BUSINESS, THEY HAVE TO TAKE A LOOK AT ALL THE
RISKS THAT ARE INVOLVED. THE PROBLEM WITH, FOR EXAMPLE, HOW DO YOU --
HOW DO YOU RATE A POLICY WHEN YOU'RE NOT SUPPOSED TO TAKE INTO
CONSIDERATION THE BREED OF THE POL -- OF THE ANIMAL THAT COULD BE A
HIGHER RISK THAN ANOTHER BREED OF DOG? THE OTHER THING, TOO, IS WITH ALL
-- THE MONEY THAT'S BEING PAID OUT IN CLAIMS EVERY YEAR BY INSURANCE
COMPANIES, HAVE TO COME BACK AT THE -- HAVE TO COME BACK AT THE OTHER
OWNERS OF INSURANCE POLICIES LIKE MYSELF. I DON'T HAVE A DOG. SO THE
BOTTOM LINE IS, I'M SUBSIDIZING THOSE WHO HAVE DOGS THAT HAVE HAD
MILLIONS OF DOLLARS IN CLAIMS. SO WHEN YOU'RE PUTTING -- WHEN YOU'RE
PUTTING ALL THAT TOGETHER AND TAKE THE HAND -- YOU KNOW, YOU'RE
HANDCUFFING THE -- THE UNDERWRITERS. THE WAY I READ THE BILL IS THAT
YOU -- YOU CAN'T RENEW -- OR NON-RENEW A POLICY (COUGH) EXCUSE ME,
YOU -- YOU WOULD HAVE TO GO BACK IN INSURANCE LAW, TO TRY FIND OUT THE
INSURANCE LAWS YOU HAVE TO GO TO AG AND MARKETS, TO -- TO RESEARCH TO
-- TO MAKE SURE THAT THE UNDERWRITER IS RENEWING OR NON-RENEWING A
POLICY BECAUSE OF -- OF THE CLAIMS THAT WERE PAID OUT IN -- IN THE LAST
YEARS. SHE'S RIGHT, THE SPONSOR'S RIGHT. IF YOU'RE IN AN AUTOMOBILE
ACCIDENT, THE INSURANCE COMPANIES CAN, ADJUST YOUR RATES AT RENEWAL
TIME. IT'S THE SAME THING WITH DOG BITES, EXCEPT FOR THE FACT IS, WHETHER
30
NYS ASSEMBLY JUNE 10, 2025
YOU LIKE IT OR NOT, WHETHER YOU CALL IT A BREED OR WHETHER YOU CALL IT A --
A NON-BREED OF AN ANIMAL, THERE ARE CERTAIN DOGS, HISTORICALLY PROVEN,
STATISTICALLY, BLACK AND WHITE ISSUES, THAT CERTAIN DOGS ARE MORE APT TO
ATTACK AND BITE THAN ANY OTHER BREED OR COMBINATION OF A BREED OF
ANIMAL, NO MATTER WHAT YOU WANT TO CALL IT AND PIT BULLS ARE ONE OF
THOSE. I PICKED ON PIT BULLS JUST BECAUSE -- BECAUSE THE STAT -- THE
STATISTICS ARE THERE, THE PAYMENTS ARE GOING OUT THERE.
NOW, IT'S TRUE THE SPONSOR SAID THAT, YOU KNOW, THAT ALL
PIT BULLS ARE NOT -- ARE NOT APT TO ATTACK AND BITE, THAT -- THAT'S
ABSOLUTELY TRUE. BUT WHEN YOU LOOK AT THE STATISTICS, IT SHOWS YOU THAT
THERE ARE CERTAIN BREEDS OF ANIMALS, CERTAIN BREEDS OF DOGS, THAT -- THAT
DO. AND IT'S NOT A MYTH, FACTS ARE FACTS. AND SO, I -- I'M ENCOURAGING
PEOPLE NOT TO VOTE -- VOTE FOR THIS BILL. AND THE OTHER THING, TOO, IS LIKE
I SAID BEFORE, WE'RE PUTTING OUT ANOTHER BILL. WE'RE SITTING HERE, THE LAST
WEEK OF SESSION, PUTTING ANOTHER BILL OUT THAT SHOULD ABSOLUTELY HAVE
BEEN COVERED BY THE ORIGINAL BILL IN 2021 OR 2020, WHENEVER WE DID
THAT. AND THE EASIEST PART OF DOING THAT, IF YOU WANTED TO ADD RENT -- IF
YOU WANTED TO MAKE IT CLEAR THAT YOU'RE TALKING ABOUT RENTER'S
INSURANCE, YOU COULD'VE AMENDED THE ORIGINAL BILL INSTEAD OF PUTTING
ANOTHER BILL OUT, US HERE VOTING ON ANOTHER BILL THE LAST WEEK IN SESSION
ABOUT SOMETHING THAT COULD'VE BEEN EASILY DONE AND SIMPLIFIED.
SO THEREFORE, I --I WILL NOT BE IN SUPPORT OF THE -- OF
THIS BILL. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ARI BROWN.
31
NYS ASSEMBLY JUNE 10, 2025
MR. A. BROWN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD FOR A COUPLE QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. A. BROWN: THANK YOU, MADAM SPONSOR. YOU
AND I BOTH LIKE CATS AND I APPRECIATE THAT ABOUT OUR CONVERSATIONS.
MS. ROSENTHAL: I LIKE DOGS, TOO. I HAVE CATS, YOU
HAVE CATS.
MR. A. BROWN: RIGHT, I'M THE SAME WAY. HOW
MANY DOGS HAVE YOU HAD, MADAM SPONSOR?
MS. ROSENTHAL: THIS HAS NO RELATION TO THIS.
MR. A. BROWN: WELL, IT DOES. MAY I ASK THAT
QUESTION?
MS. ROSENTHAL: NO, IT DOESN'T.
MR. A. BROWN: I'VE HAD MANY DOGS,
MS. ROSENTHAL: NOT GERMANE.
MR. A. BROWN: I'VE HAD MANY DOGS FROM
GREYHOUNDS TO CAVALIER KING CHARLES SPANIEL AND ONE OF THE KEY
THINGS WHEN PURCHASING A DOG IS TEMPERAMENT OF BREED. FOR EXAMPLE,
AS MANY OF OUR COLLEAGUES LIKE COLONEL LEMONDES WILL TELL YOU, YOU
CERTAINLY DON'T PUT A HERDING DOG AROUND KIDS BECAUSE THEY'LL HERD YOUR
KIDS IN A CERTAIN WAY AND YOU PROBABLY DON'T GET A POINTING TYPE OF DOG
ALSO BECAUSE THE TEMPERAMENT IS VERY DIFFERENT. WHEREAS, THE CAVALIER
32
NYS ASSEMBLY JUNE 10, 2025
NATURALLY IS BRED FOR ITS TEMPERAMENT OF BEING A CALM AND EASY DOG LIKE
MOST SPANIELS ARE.
IS IT NOT TRUE, AS ASSEMBLYMAN BLANKENBUSH SAID, THAT
THE AMERICAN STAFFORDSHIRE TERRIER AND THE AMERICAN PIT BULL TERRIER,
BRED WITH OTHER DOGS, ACCOUNT FOR AT LEAST 50 TO 60 PERCENT OF DOG BITES
ACCORDING TO EVERY STATISTIC KNOWN, WHETHER IT'S POLICE, HOSPITALIZATION,
YOU -- YOU CAN'T MISS IT. IT'S UNDER EVERY --
MS. ROSENTHAL: WELL, I THINK YOU'RE -- YOU'RE
CITING STATISTICS THAT DON'T EXIST, NUMBER ONE.
MR. A. BROWN: JUST FROM THE POLICE DEPARTMENTS.
MS. ROSENTHAL: NUMBER TWO, AS I'VE EXPLAINED,
IT'S NOT ABOUT THE BREED, IT'S ABOUT THE DOG.
MR. A. BROWN: THANK YOU, MADAM SPONSOR. CAN
YOU CITE WHERE YOU'RE GETTING THAT INFORMATION? I JUST WENT THROUGH
HUNDREDS OF POLICE REPORTS --
MS. ROSENTHAL: POLICE AND HOSPITAL
IDENTIFICATIONS ARE VISUAL AND TOP VETERINARIANS SAY THAT IS NOT THE
FOOLPROOF OR RIGHT WAY TO IDENTIFY WHAT KIND OF DOG IT IS.
MR. A. BROWN: THANK YOU.
MS. ROSENTHAL: SO IT'S LIKE, OH, THAT LOOKS LIKE A
PIT BULL, THAT DOESN'T MAKE IT A PIT BULL.
MR. A. BROWN: I AGREE. MADAM SPONSOR, I
WHOLEHEARTEDLY --
MS. ROSENTHAL: LET ME -- LET ME -- LET ME JUST
FINISH MY ANSWER. ACCORDING TO THE AMERICAN VETERINARIAN MEDICAL
33
NYS ASSEMBLY JUNE 10, 2025
ASSOCIATION [SIC], CONTROLLED STUDIES HAVE NOT IDENTIFIED PIT BULL TYPE
DOGS AS DISPROPORTIONATELY DANGEROUS THAN OTHER DOG BREEDS.
MR. A. BROWN: OKAY. THANK YOU FOR THAT.
MS. ROSENTHAL: YOU'RE WELCOME.
MR. A. BROWN: IN ALL THE POLICE REPORTS, HAVE THEY
EVER CITED A MASS AMOUNT OF MIXED POODLE BREEDS LIKE WE'RE SEEING
TODAY INVOLVED IN DOG BITES? WHY IS IT THEN THAT IT'S ALWAYS A TYPE OF
PIT BULL, STAFFORDSHIRE TERRIER MIX THAT'S INVOLVED? WHY WOULD THAT
BE?
MS. ROSENTHAL: FIRST OF ALL, ALL THE DOG BITES ARE
NOT REPORTED, NUMBER ONE. NUMBER TWO, AS I'VE SAID, YOU CAN'T SAY THIS
IS A QUOTE "PIT BULL". I'M GOING BACK TO THE ORIGINAL INTENT OF THIS BILL
WHICH IS, HOMEOWNERS CAN HAVE ANY TYPE OF QUOTE "BREED" AND THE
INSURANCE COMPANIES HAVE TO COVER IT UNLESS THERE ARE OTHER
CIRCUMSTANCES. THIS EXPANDS THAT TO RENTERS AND DOES NOT ALLOW
DECISIONS ON ISSUING POLICIES BASED ON A TYPE OR BREED. IT IS BASED ON
THE ANIMAL ITSELF.
MR. A. BROWN: THANK YOU, MADAM SPONSOR.
ON THE BILL, PLEASE.
ACTING SPEAKER HUNTER: ON THAT BILL.
MR. A. BROWN: JUST LIKE AN INSURANCE COMPANY
GIVES SPECIFIC INSURANCE RATES FOR HOMES IN A FLOODPLAIN OR IN A CERTAIN
LOCATION BASED ON ROBBERY REPORTS OR ON TYPES OF CONSTRUCTION ON A
HOME IS BUILT, WHETHER IT'S TIMBER, OR CEMENT. AND THE SAME THING GOES
WITH AUTOMOBILE POLICIES. IT IS A FACT, THE AMERICAN KENNEL CLUB WILL
34
NYS ASSEMBLY JUNE 10, 2025
CLEARLY TELL YOU TEMPERAMENT OF BREED IS VERY IMPORTANT WHEN
CHOOSING AN ANIMAL. AND SPECIFICALLY, THE AMERICAN KENNEL CLUB WILL
SPECIFICALLY TELL YOU, IN EVERY WHICH WAY, SHAPE AND FORM THE
AMERICAN STAFFORDSHIRE TERRIER AND THE AMERICAN PIT BULL TERRIER,
WHEN, AS THE SPONSOR HAD SAID, WHEN BRED WITH OTHER DOGS OR AS A DOG
STANDALONE, IS INVOLVED WITH MOST DOG BITES TODAY. NO ONE HAS EVER
SAID -- I'M SURE IT'S HAPPENED ONCE OR TWICE, BUT THE MAJORITY OF BITES
FROM POLICE REPORTS AND HOSPITALIZATIONS, BECAUSE OF THE LARGE TYPE OF
BITE CIRCUMFERENCE AND -- AND POUND PER SQUARE INCH OF THE BITE, MOST
DAMAGE CAUSED IS BY THOSE -- THAT SPECIFIC BREED. AND FOR THAT REASON,
JUST LIKE I HAD MENTIONED, WITH A HOMEOWNER'S POLICY OR A CAR
INSURANCE POLICY, AN INSURANCE COMPANY SHOULD BE ABLE TO, YOU KNOW,
RELEGATE CERTAIN BREEDS TO NOT COVER UNDER CERTAIN CIRCUMSTANCES AND I
HOPE EVERYBODY WILL GIVE THAT SOME CONSIDERATION. IT'S ALMOST
LAUGHABLE THAT WE'RE EVEN HAVING THIS CONVERSATION BUT I THANK YOU,
MADAM SPONSOR, FOR LISTENING.
ACTING SPEAKER HUNTER: THANK YOU.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR PLEASE YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: SPONSOR YIELDS.
MR. GANDOLFO: THANK YOU.
35
NYS ASSEMBLY JUNE 10, 2025
SO FIRST, THIS BILL -- IT'S NOT ONLY ABOUT PROHIBITING --
DENYING COVERAGE ON RENTER'S INSURANCE POLICY BASED ON DOG BREED.
THIS WOULD ALSO PREVENT INSURERS FROM INCREASING THE PREMIUM BASED
ON DOG BREED?
MS. ROSENTHAL: NO. IT SAYS THEY ARE ALLOWED TO
INCREASE THE PREMIUM SHOULD THE DOG BE FOUND TO BE DANGEROUS, THEN
THEY CAN DO THAT.
MR. GANDOLFO: BUT -- RIGHT, SHOULD THE DOG
FOUND TO BE DANGEROUS, BUT BASED SOLELY ON BREED, THEY COULD NOT
INCREA -- THEY COULD NOT BE A HIGHER PREMIUM.
MS. ROSENTHAL: CORRECT, THAT IS THE ESSENCE OF
THE BILL. IT IS THE SAME LAW THAT EXTENDS TO HOMEOWNERS, YOU CAN'T DENY
BASED ON BREED. THIS NOW APPLY -- WILL APPLY TO RENTERS AS WELL.
ALTHOUGH, YOUR COLLEAGUE SEEMS TO THINK IT ALREADY APPLIES TO RENTERS.
MR. GANDOLFO: OKAY. SO, YOU KNOW, I
UNDERSTAND YOU DON'T WANT TO DENY POLICIES BASED ON BREED, BUT MY
ISSUE HERE IS WITH NOT ALLOWING AN INSURANCE COMPANY TO PRICE IN AN
INCREASED RISK INTO THE PREMIUM ON A POLICY THAT THEY ARE WRITING. SO
WE DON'T HAVE TO GET BACK INTO WHETHER OR NOT IT'S MORE LIKELY FOR ANY
BREED TO BITE MORE THAN THE OTHER, BUT WOULD YOU AGREE THAT SOME
BREEDS, IF THERE IS AN INCIDENT AND THERE IS AN ATTACK OR A BITE, COULD
CERTAINLY DO A LOT MORE DAMAGE TO A HUMAN OR ANOTHER ANIMAL THAN
OTHERS?
MS. ROSENTHAL: IT DEPENDS ON THE ANIMAL. THERE
ARE THE MOST GENTLE, LOVING, BIG DOGS AND THERE ARE THE MOST FEROCIOUS,
36
NYS ASSEMBLY JUNE 10, 2025
YAPPY, LITTLE DOGS.
MR. GANDOLFO: RIGHT.
MS. ROSENTHAL: YOU KNOW, IN -- MANY YEARS
AGO, THE CDC DID A STUDY, AND THIS WAS ACTUALLY DESCRIBED IN THE
NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' BLOG. THE POLICY
SAYING THAT PIT BULLS ARE DANGEROUS STEMS FROM A DECADES-OLD CDC
STUDY THAT LOOKED AT THE CORRELATION BETWEEN DOG BREED AND DOG BITES.
THE STUDY RESULTED IN A LIST OF BREEDS THAT WERE ALLEGED TO BE THE MOST
FREQUENT BREEDS INVOLVED IN BITES INCIDENTS. THE CDC HAS LONG SINCE
ABANDONED THE FINDINGS AND, IN FACT, NOW STATES THERE IS ZERO EVIDENCE
THAT BANNING ENTIRE CLASSES OF DOG BREEDS MAKE A COMMUNITY SAFER,
CITING THE INACCURACY OF DOG BITE DATA AND THE DIFFICULTY IN IDENTIFYING
DOG BREEDS, ESPECIALLY MIXED DOG BREEDS. SO IDENTIFYING A DOG JUST
BASED ON PHYSICAL CHARACTERISTICS LIKE VISUAL IDENTIFICATION, DOES NOT
LEAD TO A CORRECT CHARACTERIZATION OF THE DNA OF THAT DOG.
MR. GANDOLFO: RIGHT, BUT I'M NOT TALKING ABOUT
FREQUENCY OR LIKELIHOOD OF A BITE. I AM TALKING ABOUT IF THERE IS --
HOWEVER UNLIKELY IT MAY BE, IF A CERTAIN TYPE OF DOG ATTACKS A PERSON,
THEY ARE GOING TO DO A LOT MORE DAMAGE. IF I WAS GIVEN THE OPTION, YOU
TOLD ME YOU'RE GOING TO WALK OUT THERE AND GET ATTACKED BY A
CHIHUAHUA OR BY A GERMAN SHEPHERD, I'M GOING TO PICK THE CHIHUAHUA
AND I THINK MOST PEOPLE WOULD. SO WHY SHOULDN'T AN INSURANCE
COMPANY BE -- BE ABLE TO PRICE IN THE FACT THAT IF THERE IS AN INCIDENT,
THE PIT BULL OR THE GERMAN SHEPHERD IS GOING TO DO MORE DAMAGE
WHICH IS GOING TO RESULT MORE -- LIKELY IN A MUCH HIGHER PAYOUT. THEY
37
NYS ASSEMBLY JUNE 10, 2025
SHOULD BE ABLE TO PRICE THAT IN TO ACCOUNT FOR THAT LEVEL OF EXPOSURE AND
LIABILITY AND BY NOT DOING SO, EVERYONE ELSE'S PREMIUMS ARE GOING TO
INCREASE. NO?
MS. ROSENTHAL: NO. YOU'RE ASSUMING THAT
BECAUSE A DOG IS CHARACTERIZED OR LOOKS LIKE A PIT BULL, THAT THEY WILL
THEN BE MORE LIKELY TO BITE.
MR. GANDOLFO: NO, NO, NO. THAT'S NOT WHAT I
SAID.
MS. ROSENTHAL: HOWEVER, THAT IS NOT TRUE AND
THEREFORE, INSURANCE COMPANIES CANNOT SAY, OH, IT'S THAT BREED. THEY
WILL DO MORE DAMAGE, SO THEREFORE I NEED TO RAISE RATES ON THEM. THIS
IS ABOUT THE INDIVIDUAL DOG, THEIR TEMPERAMENT, THE WAY THEY WERE
TRAINED, THEIR BEHAVIOR, THEIR PAST HISTORY. IF THEY'RE DANGEROUS AND THE
INSURANCE COMPANY WANTS TO INSURE THEM, THEY CAN RAISE THE RATES.
THEY CAN USE HIGH RATES. HOWEVER, YOU'RE -- YOU'RE BASING THIS ON A PIT
BULL TYPE IS MORE LIKELY TO BITE AND THAT IS INCORRECT.
MR. GANDOLFO: WELL, THAT'S A TOTAL
MISCHARACTERIZATION OF WHAT I SAID. I DIDN'T SAY A PIT BULL IS MORE
LIKELY TO BITE. I AM SAYING IF A PIT BULL OR A GERMAN SHEPHERD DOES
BITE, IS THAT NOT MORE LIKELY TO DO MORE SIGNIFICANT DAMAGE TO YOU THAN
A YORKIE?
MS. ROSENTHAL: BUT YOU'RE -- YOU'RE -- FIRST OF
ALL, THIS IS A LAW ALREADY FOR HOMEOWNERS.
MR. GANDOLFO: OKAY, BUT WE'RE -- WE'RE
DISCUSSING A NEW BILL NOW.
38
NYS ASSEMBLY JUNE 10, 2025
MS. ROSENTHAL: THIS IS LAW FOR HOMEOWNERS. IN
FACT, YOUR COLLEAGUE THINKS IT ALREADY EXTENDS TO RENTERS. I'VE ALREADY
STATED YOU CAN'T BASE IT ON BREED. YOU ARE TRYING TO PREDICT BEHAVIOR IN
SAYING, WELL, THIS DOG BREED WILL DO MORE SERIOUS DAMAGE, BUT WHO
SAYS THE DOG IS GOING TO BITE? THAT'S THE MISNOMER. THAT'S THE MYTH.
MR. GANDOLFO: OKAY. THANK YOU.
MADAM SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. GANDOLFO: WE'RE NOT TALKING ABOUT HOW
LIKELY IT IS FOR A DOG TO BITE SOMEONE. OBVIOUSLY, ANYONE WHO HAS
OWNED A DOG KNOWS TEMPERAMENTS CAN VARY AMONG DIFFERENT BREEDS
WITHIN THE SAME BREED. BUT WHAT WE'RE TALKING ABOUT HERE -- WHAT I AM
TALKING ABOUT, WHICH HAS BEEN A LITTLE MISCHARACTERIZED, IS THE FACT THAT
IF YOU HAVE A GERMAN SHEPHERD OR A, YOU KNOW, GREAT DANE THAT HAS
AN INCIDENT AND ATTACKS A HUMAN BEING, THAT DOG IS GOING TO DO A LOT
MORE DAMAGE THAN IF A -- A -- A SHIH TZU ATTACKS SOMEONE. INSURANCE
COMPANIES WHO ARE WRITING THESE RENTER'S POLICIES NEED TO HAVE THE
ABILITY TO PRICE IN THAT POTENTIAL LIABILITY INTO THE POLICY THAT THEY'RE
WRITING FOR THAT INDIVIDUAL, OTHERWISE THE COST FOR RENTER'S INSURANCE
POLICIES FOR OTHER DOG OWNERS WILL INCREASE AND POSSIBLY MAKE THEM
MORE UNAFFORDABLE. OR, YOU GET TO A SITUATION WHERE COMPANIES WILL
STOP WRITING POLICIES IF THERE'S ANY DOG PRESENT ON THE PREMISES. SO
THAT IS A -- WE'RE TAKING A WRONG STEP HERE, WE'RE JUST NOT
ACKNOWLEDGING REALITY AND EVERY TIME WE DO THAT, ESPECIALLY AS IT
PERTAINS TO INSURANCE POLICIES, THE COSTS ARE GOING TO GO UP FOR
39
NYS ASSEMBLY JUNE 10, 2025
EVERYONE ELSE.
SO THANK YOU, MADAM SPEAKER. I WILL BE VOTING NO
AND I ENCOURAGE MY COLLEAGUES TO DO THE SAME.
ACTING SPEAKER HUNTER: THANK YOU.
MR. DINOWITZ.
MR. DINOWITZ: I THINK THERE ARE MANY PEOPLE HERE
WHO --
ACTING SPEAKER HUNTER: ARE YOU ON THE BILL,
SIR?
MR. DINOWITZ: I'M ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. DINOWITZ: I THINK THERE ARE MANY PEOPLE HERE
WHO HAVE COMPLAINED THAT WE SHOULD LOOK AT INDIVIDUALS AND NOT AT
GROUPS. WE SHOULD JUDGE PEOPLE AND I GUESS OTHERS, INDIVIDUALLY. I
NEVER LIKED IT WHEN I WAS TOLD YEARS AGO, WHEN I WAS YOUNGER, THAT MY
INSURANCE RATES WOULD BE HIGHER THAN MY WIFE'S BECAUSE I WAS MALE.
SO GUESS WHOSE NAME THE CAR IS REGISTERED IN? AND THERE ARE MANY
WOMEN WHO, WHEN THEY GET OLDER, PAY HIGHER HEALTH INSURANCE RATES
THAN MEN, SIMPLY BECAUSE THEY'RE A WOMAN.
I DON'T HAVE A DOG. MY DAUGHTER AND HER FAMILY HAD A
DOG AND THEY HAD A PIT BULL. AND I MUST ADMIT, WHEN THEY FIRST GOT THE
DOG, I WAS A LITTLE NERVOUS ABOUT IT. BUT ONCE WE MET THE DOG, THAT --
THAT DOG WAS THE MOST LOVABLE, GENTLE DOG. IF SOMEBODY BROKE INTO
THEIR HOUSE, THAT DOG WOULD'VE JUST LICKED THEM AND WELCOMED THEM IN,
IT WOULD NOT HAVE DONE ANYTHING VIOLENT. THE -- THE WHOLE POINT OF
40
NYS ASSEMBLY JUNE 10, 2025
THIS IS YOU CAN'T GENERALIZE AND MAKE ASSUMPTIONS ABOUT A WHOLE
GROUP; YOU SHOULD JUDGE PEOPLE OR DOGS, INDIVIDUALLY. AND IF I COULD
LEARN TO LOVE A PIT BULL AND THAT PIT BULL WAS SO SWEET, I THINK ANYBODY
CAN. SOME DOGS ARE NICE, SOME DOGS ARE NOT SO NICE. I CAN'T IMAGINE
HOW IT COULD BE BASED UPON THE BREED, IT'S BASED UPON THE DOG. IT'S
BASED UPON HOW THEY'RE TRAINED AND HOW THEY'RE RAISED AND ALL THAT.
AND SO, TO ME, ALLOWING AN INSURANCE COMPANY TO CHARGE, OR TO NOT
EVEN INSURE, BASED UPON THE BREED, IS EXACTLY THE TYPE OF THING THAT I
WOULD THINK MANY PEOPLE ACROSS THE AISLE WOULD OPPOSE BASED ON
MANY OF THE STATEMENTS THAT MANY YOU AND OTHERS HAVE MADE. SO I
THINK THIS BILL MAKES A LOT OF SENSE AND I HOPE THAT WE ALL VOTE FOR IT.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BOLOGNA.
MR. BOLOGNA: THANK YOU, MADAM SPEAKER.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. BOLOGNA: I TRULY APPRECIATE THE METAPHOR,
BUT LIKE THE SPONSOR SAID, I -- I THINK THAT THIS PARTICULAR PIECE OF
LEGISLATION SHOULD BE ACTUALLY ABOUT THE INDIVIDUAL. AS MY COLLEAGUE,
MR. GANDOLFO SAID, I WOULD MUCH RATHER BE BITTEN, IF WE'RE TALKING
ABOUT DOGS, BY A CHIHUAHUA, THAN BY A TIBETAN MASTIFF. AND I THINK
THE POINT THAT OUR SIDE OF THE AISLE IS TRYING TO MAKE, THAT FROM AN
INSURANCE CARRIER STANDPOINT, THE RISK AND THE DAMAGE ASSOCIATED WITH A
POTENTIAL BITE, NOT SAYING THAT ONE IS MORE LIKELY TO BITE, IF -- IF ALL
THINGS ARE EQUAL AND WE WERE BITTEN BY A CHIHUAHUA VERSUS BEING
41
NYS ASSEMBLY JUNE 10, 2025
BITTEN BY A TIBETAN MASTIFF, WHICH -- WHICH BITE IS GOING TO INFLICT
MORE DAMAGE AND COST AN INSURANCE CARRIER MORE TO COVER? AND FROM
READING THE BILL HERE, IT DOES NOT LOOK LIKE THAT IS TAKING -- YOU'RE
ALLOWING INSURANCE CARRIERS TO TAKE THAT INTO ACCOUNT IN THE
UNDERWRITING. SO THAT -- I THINK A LOT OF THE POINTS HAVE BEEN MISSED
HERE. THE POINT IS, NOT NECESSARILY THE BREED, BUT WHAT HAPPENS IF THE
BREED DOES IN FACT BITE AND THE DAMAGE THAT IS -- IS CAUSED IN THAT
EFFECT. SO THANK YOU VERY MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER.
I KNOW THAT THIS DEBATE WAS A LITTLE BIT ROUGH. BUT --
BUT -- (LAUGHTER) I CAN'T EVEN SAY IT WITH A STRAIGHT FACE. I KNOW, I
KNOW. I CAN'T EVEN GET AWAY WITH A DAD JOKE. BUT THE MINORITY
CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS -- THIS BILL AND --
BUT IF THERE ARE MEMBERS WHO WOULD LIKE TO SUPPORT IT, THEY COULD DO IT
RIGHT NOW AT THEIR SEATS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: THE MAJORITY CONFERENCE WILL BE
42
NYS ASSEMBLY JUNE 10, 2025
VOTING IN THE AFFIRMATIVE. THOSE WHO WISH TO VOTE FOR THE NEGATIVE,
CAN DO SO AT THEIR DESK, OR GIVE A BARK.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE).
MR. BROWN TO EXPLAIN HIS VOTE.
MR. A. BROWN: THANK YOU, MADAM SPONSOR [SIC].
I CAN'T BELIEVE I'M STANDING UP FOR THIS ONE, BUT EVERY
YEAR I GO TO THE WESTMINSTER DOG SHOW. ONE OF MY FRIENDS IS THE
CHAIRMAN OF THE BOARD OF THE AKC AND ONE OF THE BIG CRITERIA IS
TEMPERAMENT OF THE BREED. IT'S LITERALLY JUDGED WORLDWIDE BUT I HEAR
THINGS LIKE, WELL, EVERY DOG IS DIFFERENT LIKE EVERY PERSON. IT'S ACTUALLY
TOTALLY NOT AND WHATEVER FACTS WE HEARD WERE COMPLETELY MADE UP.
EVERY DOG IS VERY SPECIFIC AND I SAY THAT BECAUSE I DON'T WANT ANY
PARENT TO THINK THAT THEY CAN GET ANY DOG THAT THEY WANT WITH LITTLE KIDS.
I GOT SEVEN KIDS, I WAS VERY SPECIFIC WHAT TYPE OF DOG CAN ENTER THE
HOUSE BECAUSE OF THE TEMPERAMENT AS JUDGED EVERY YEAR AT EITHER AT THE
-- THE COLISEUM OR THE JAVITS CENTER. AND THANK YOU FOR HEARING ME,
MADAM SPONSOR -- SPEAKER.
ACTING SPEAKER HUNTER: MR. BROWN IN THE
NEGATIVE.
MS. ROSENTHAL TO EXPLAIN HER VOTE.
MS. ROSENTHAL: TO EXPLAIN MY VOTE, THANK YOU,
MADAM SPEAKER.
SADIE, THE PIT BULL, WAS AN 11-YEAR-OLD THAT ALERTED
43
NYS ASSEMBLY JUNE 10, 2025
HER OWNER AND THEIR DAUGHTER TO A GAS LEAK IN THEIR TUCKAHOE, NEW
YORK HOME. WITHOUT THE PIT BULL, OR WHATEVER, SADIE, THEY WOULD'VE
PERISHED. GOTTI, THE PIT BULL, INTERVENED WHEN A WOMAN WAS RANDOMLY
ATTACKED BY A PERSON IN HER BROOKLYN HOME. ROCKO, THE PIT BULL,
ALERTED HIS OWNER IN BALDWINSVILLE, NEW YORK TO A FIRE. THE OWNER
WAS ASLEEP WITH A CPAP MACHINE AND DIDN'T REALIZE THE DANGER UNTIL
ROCKO PERSISTENTLY BARKED AND WOKE THEM UP.
YOU CANNOT CHARACTERIZE EVERY DOG BY A QUOTE
"BREED", IT DEPENDS ON THE INDIVIDUAL DOG. THEY HAVE BEEN SHAMED
AND BLAMED ENOUGH. PIT BULLS OR A MIXTURE OF DIFFERENT TYPES OF AN --
OF BREEDS DO NOT EQUAL A DANGEROUS DOG. IT DEPENDS ON HOW THE OWNER
TREATS THEM, IT DEPENDS ON THEIR BACKGROUND, IT DEPENDS ON HOW THEY
WERE RAISED AND HANDLED BY OWNERS WHO OFTEN ABUSE THEM. THIS BILL
EXTENDS TO RENTERS THE SAME RIGHTS AS HOMEOWNERS TO GET INSURANCE
COVERAGE ON A DOG THAT THEY OWN, REGARDLESS OF HOW THEY ARE
CHARACTERIZED BY BREED. AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: MS. WALSH [SIC] IN
THE AFFIRMATIVE.
SORRY. MS. ROSENTHAL IN THE AFFIRMATIVE.
MR. NOVAKHOV TO EXPLAIN HIS VOTE.
MR. NOVAKHOV: THANK YOU, MADAM SPEAKER.
I JUST PULLED UP SOME STATISTICS. SO ACCORDING TO THE
STATISTICS FREQUENTLY CITED IN STUDIES AND REPORTS FOR HIGH INVOLVEMENT
IN SEVERE AND FATAL BITE INCIDENTS; FOR EXAMPLE, DATA FROM 2005, 2017
INDICATES THAT PIT BULLS WERE LINKED TO 66 PERCENT OF FATAL DOG ATTACKS
44
NYS ASSEMBLY JUNE 10, 2025
IN THE U.S. AND FOR THIS REASON, I'M IN THE NEGATIVE. THANK YOU,
MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. NOVAKHOV IN THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MS. SOLAGES FOR THE PURPOSE OF AN INTRODUCTION.
MS. SOLAGES: THANK YOU, MADAM SPEAKER.
WE ARE PAUSING THE INTRODUCTIONS -- OH, SORRY, PAUSING
THE PROCEEDINGS FOR AN INTRODUCTION. AND IT'S REALLY MY HONOR TO
INTRODUCE THE PARENTS OF DETECTIVE WEN JIN LIU, MR. WEI TANG LIU AND
XIU YAN LI. AS YOU KNOW, DETECTIVE LIU AND DETECTIVE RAMOS WERE
TRAGICALLY SHOT AND KILLED IN THE LINE OF DUTY IN 2014. THE BROOKLYN
COMMUNITY AND ALL OF NEW YORK STATE CAME TOGETHER TO SUPPORT THE
LIU FAMILY AND WE THANK THEM FOR THEIR SACRIFICE, BECAUSE WE KNOW
OUR POLICE OFFICERS DO SO MUCH FOR US, ESPECIALLY THOSE WHO HAVE MADE
THE ULTIMATE SACRIFICE. AND SO, HIS PARENTS ARE REALLY AN ICON OF HIS
COMMUNITY AND OUR COMMUNITY AND THEY HAVE SINCE NEVER STOPPED
VOLUNTEERING AND ADVOCATING FOR GOOD CAUSES ALL OVER THE CITY. SO
THEY'RE HERE WITH A LARGER GROUP, WHICH THE MINORITY WILL DO THE
INTRODUCTION, BUT IF WE COULD EXTEND THE CORDIALITIES OF THE HOUSE TO
THESE FINE INDIVIDUALS, I WOULD REALLY APPRECIATE IT.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
SOLAGES, MR. COLTON, THE SPEAKER AND ALL MEMBERS, WE WELCOME YOU,
45
NYS ASSEMBLY JUNE 10, 2025
OUR DISTINGUISHED GUESTS TO THE ASSEMBLY CHAMBER. OFFER OUR
CONDOLENCES FOR YOUR LOSS AND EXTEND THE PRIVILEGES OF THE FLOOR TO YOU.
WE DO HOPE ENJOY OUR PROCEEDINGS TODAY. THANK YOU SO VERY MUCH
FOR JOINING JOINING US.
(APPLAUSE)
MS. WALSH FOR THE PURPOSE OF AN INTRODUCTION.
MS. WALSH: THANK YOU, MADAM SPEAKER, FOR
ALLOWING ME TO INTERRUPT THESE PROCEEDING BRIEFLY FOR ANOTHER
INTRODUCTION. THIS IS THE LARGER GROUP THAT WAS JUST REFERRED TO, IT IS THE
NYPD ASIAN JADE SOCIETY THAT HAS JOINED US HERE TODAY INCLUDING
PRESIDENT MELVIN ENG; THE FOUNDER OF ASIAN JADE, ROBERT LUM. ALSO
WE'RE JOINED BY MARK KWON, JAMES ENG, IRENE CHIU, AGNES CHIN, XIU
YAN LI, WEI TANG LIU, SE CHAO AND THOMAS JOY. NOW THE MISSION OF
THE ASIAN JADE SOCIETY, IT WAS FOUNDED IN 1980 BY TEN VISIONARY
ASIAN-AMERICAN NYPD OFFICERS. THE ASIAN JADE SOCIETY WAS CREATED
TO PROMOTE CULTURAL DIVERSITY, INCLUSION AND SUPPORT FOR ASIAN
MEMBERS OF THE DEPARTMENT. THESE FOUNDING MEMBERS RECOGNIZE THE
IMPORTANCE OF BUILDING A STRONGER CONNECTION BETWEEN THE NYPD AND
NEW YORK CITY'S DIVERSE ASIAN COMMUNITIES. THEIR LEGACY CONTINUES
TO GUIDE THE SOCIETY AS THEY FOSTER UNDERSTANDING, RESPECT AND
COLLABORATION BETWEEN LAW ENFORCEMENT AND THE PUBLIC THEY SERVE.
WE'RE SO PLEASED THAT THEY'VE JOINED WITH US HERE TODAY.
SO ON BEHALF OF ASSEMBLYMEMBERS CHANG, COLTON,
KASSAY AND LEE, MADAM SPEAKER, WOULD YOU PLEASE WELCOME THE
NYPD ASIAN JADE SOCIETY TO THE ASSEMBLY CHAMBER AND PLEASE
46
NYS ASSEMBLY JUNE 10, 2025
AFFORD THEM ALL THE CORDIALITIES OF THE HOUSE.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
WALSH, MR. CHANG, ASSEMBLYMEMBERS COLTON, KASSAY AND LEE, WE
WELCOME OUR DISTINGUISHED GUESTS TO THE ASSEMBLY CHAMBER, THE
NYPD ASIAN JADE SOCIETY AND THANK YOU SO VERY MUCH FOR YOUR
CONTINUED SERVICE TO THE NEW YORK CITY COMMUNITY. WE EXTEND THE
PRIVILEGES OF THE FLOOR TO YOU. HOPE YOU ENJOY OUR PROCEEDINGS TODAY.
IT'S VERY IMPRESSIVE TO SEE ALL OF YOU LINED UP HERE THIS AFTERNOON. IT'S
-- IT'S VERY HEARTWARMING. WE HOPE THAT YOU REMAIN SAFE AND THANK
YOU VERY MUCH FOR JOINING US TODAY.
(APPLAUSE)
MS. SOLAGES.
MS. SOLAGES: MADAM SPEAKER, CAN YOU PLEASE
ADVANCE THE A-CALENDAR?
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
SOLAGES, THE A-CALENDAR IS ADVANCED.
ON CONSENT, PAGE 3, RULES REPORT NO. 544, THE CLERK
READ.
THE CLERK: ASSEMBLY NO. A00065-A, RULES
REPORT NO. 544, HEVESI, LAVINE, DINOWITZ, SEAWRIGHT, PIROZZOLO. AN
ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO THE ESTABLISHMENT
OF A STATEWIDE SUPERVISED VISITATION INITIATIVE TO SUPPORT SAFE AND
STRUCTURED PARENTING TIME.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
47
NYS ASSEMBLY JUNE 10, 2025
THE CLERK: ASSEMBLY NO. A00203-B, RULES
REPORT NO. 545, CRUZ, DINOWITZ, SEAWRIGHT, HEVESI, KASSAY, KELLES,
COLTON, EPSTEIN, DAVILA, SANTABARBARA, HAWLEY, MEEKS, ZACCARO,
RAGA, SHIMSKY, PAULIN, KAY, HOOKS, CLARK, VALDEZ, JACOBSON,
JACKSON, DE LOS SANTOS, LEVENBERG, LASHER, TORRES, BRAUNSTEIN,
SIMON. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
REQUIRING HOSPITALS TO DEVELOP A VIOLENCE PREVENTION PROGRAM.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. 00225-A, RULES REPORT
NO. 546, MAGNARELLI, HUNTER. AN ACT TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO COMMUTER PASSES ON THE NEW YORK STATE THRUWAY
IN THE SYRACUSE AREA; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS
UPON EXPIRATION THEREOF.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A00589, RULES REPORT
NO. 547, PAULIN, OTIS, SAYEGH, ALVAREZ. AN ACT TO AMEND CHAPTER 154
OF THE LAWS OF 1921 RELATION TO THE PORT AUTHORITY OF NEW YORK AND
NEW JERSEY, IN RELATION TO PORT AUTHORITY ORGANIZATION, APPEARANCE AND
NOTICE.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
48
NYS ASSEMBLY JUNE 10, 2025
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. WOULD
YOU PLEASE WITHDRAW THE ROLL AND LAY THIS BILL ASIDE?
ACTING SPEAKER HUNTER: THE ROLL IS
WITHDRAWN, THIS BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00659, RULES REPORT
NO. 548, ROSENTHAL, TAYLOR, SIMONE, LEVENBERG, BURDICK. AN ACT TO
AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO PROHIBITING LANDLORDS
FROM INCLUDING INCORRECT INFORMATION RELATING TO RENT DECONTROL IN
CERTAIN LEASES AND RENEWALS THEREOF AND REQUIRES THE STANDARDIZATION OF
CERTAIN NOTICES PERTAINING TO UNITS SUBJECT TO THE AFFORDABLE NEW YORK
HOUSING PROGRAM.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
THIS BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01422, RULES REPORT
NO. 549, CRUZ, DE LOS SANTOS, SIMONE, KELLES, SIMON, RAGA, TAYLOR,
SEAWRIGHT, LEVENBERG, OTIS, WALKER, DAVILA, GLICK, ZACCARO,
ZINERMAN, ROSENTHAL, K. BROWN, GONZÁLEZ-ROJAS, TAPIA. AN ACT TO
AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO REQUIRING ACCURATE
49
NYS ASSEMBLY JUNE 10, 2025
INTERPRETATION OF STATEMENTS MADE BY DEPONENTS WITH LIMITED ENGLISH
PROFICIENCY IN ACCUSATORY INSTRUMENTS AND SUPPORTING DISPOSITIONS.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A01962-B, RULES
REPORT NO. 550, ANDERSON, SEAWRIGHT, CUNNINGHAM, WEPRIN, CRUZ,
DINOWITZ, EPSTEIN, SCHIAVONI, GONZÁLEZ-ROJAS, LAVINE, ROMERO,
O'PHARROW, GLICK, GRIFFIN, BURDICK, ROSENTHAL, LASHER, SIMON,
BURROUGHS, BICHOTTE HEREMELYN, HEVESI, COLTON, SHIMSKY, ZACCARO,
SOLAGES, JACKSON, WIEDER, ZINERMAN, TAPIA, TAYLOR, SIMONE,
CHANDLER-WATERMAN, KASSAY, LUNSFORD, DAIS, STECK, SAYEGH, ROZIC,
STERN, PAULIN, TORRES, ALVAREZ, RAMOS, GIBBS, P. CARROLL, BENEDETTO.
AN ACT TO AMEND THE PENAL LAW, IN RELATION TO ENACTING "FRANCESCO'S
LAW"; TO AMEND THE EXECUTIVE LAW, IN RELATION TO ANNUAL REPORTS BY
THE NEW YORK STATE OFFICE OF GUN VIOLENCE PREVENTION; AND PROVIDING
FOR THE REPEAL OF CERTAIN PROVISIONS OF THE PENAL LAW RELATING TO SAFELY
STORING RIFLES, SHOTGUNS AND FIREARMS.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A01969-A, RULES
REPORT NO. 551, MAHER. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING THE VILLAGE OF CHESTER TO IMPOSE A HOTEL AND MOTEL TAX;
AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION
THEREOF.
ACTING SPEAKER HUNTER: HOME RULE
50
NYS ASSEMBLY JUNE 10, 2025
MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01988-B, RULES
REPORT NO. 552, PAULIN, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO ESTABLISHING A CENTER FOR TECHNICAL ASSISTANCE
RELATING TO AGE-FRIENDLY HEALTH SYSTEMS; AND IN RELATION TO HOSPITAL
PERFORMANCE DATA.
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 RESULT.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02193-A, RULES
REPORT NO. 553, MAGNARELLI, DE LOS SANTOS. AN ACT TO AMEND THE
51
NYS ASSEMBLY JUNE 10, 2025
VEHICLE AND TRAFFIC LAW, IN RELATION TO MAKING TECHNICAL CORRECTIONS TO
THE ADJUDICATION OF CERTAIN TRAFFIC VIOLATIONS; AND TO REPEAL CERTAIN
PROVISIONS OF SUCH LAW RELATING THERETO.
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 RESULT.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02630-A, RULES
REPORT NO. 554, KELLES. AN ACT TO AMEND THE CRIMINAL PROCEDURE
LAW, IN RELATION TO THE PRIVACY AND CONFIDENTIALITY OF URINE TEST RESULTS
PERFORMED PURSUANT TO A JUDICIAL DIVERSION PROGRAM.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A02727-D, RULES
REPORT NO. 555, ANGELINO. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DEDICATING A PORTION OF THE STATE HIGHWAY SYSTEM TO
TROOPER JILL E. MATTICE.
ACTING SPEAKER HUNTER: ON A MOTION BY MR.
ANGELINO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
52
NYS ASSEMBLY JUNE 10, 2025
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 RESULT.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02728-A, RULES
REPORT NO. 556, BAILEY. AN ACT TO AMEND CHAPTER 373 OF THE LAWS OF
2019, AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF
LIVINGSTON TO IMPOSE AN ADDITIONAL MORTGAGE RECORDING TAX, IN RELATION
TO EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
BAILEY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03058-A, RULES
53
NYS ASSEMBLY JUNE 10, 2025
REPORT NO. 557, R. CARROLL, GALLAGHER, LEVENBERG, HYNDMAN, REYES,
ROSENTHAL. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
PROMOTING CONSUMER CHOICE BY REQUIRING MANUFACTURERS OF DIGITAL
ELECTRONIC EQUIPMENT TO PROVIDE RETAIL SELLERS WITH A 1 THROUGH 10
REPAIR SCORE THAT WILL BE DISPLAYED TO CONSUMERS AT POINT OF SALE.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A03318, RULES REPORT
NO. 558, DINOWITZ, COLTON, PAULIN, SEAWRIGHT, BURDICK. AN ACT TO
AMEND THE GENERAL BUSINESS LAW, IN RELATION TO ARBITRATION
ORGANIZATIONS.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A03536, RULES REPORT
NO. 559, SANTABARBARA, SCHIAVONI, REYES, DESTEFANO, GIGLIO,
LEVENBERG, SAYEGH, WALSH. 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.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A03729, RULES REPORT
NO. 560, WILLIAMS, K. BROWN, BERGER, ALVAREZ, EICHENSTEIN,
BUTTENSCHON, COLTON, RAMOS, MCDONOUGH, PALMESANO, BRABENEC,
HAWLEY, GIGLIO, ANGELINO, LEMONDES, SLATER, DESTEFANO, NORBER,
54
NYS ASSEMBLY JUNE 10, 2025
BROOK-KRASNY, CHANG, NOVAKHOV, MIKULIN, SMULLEN, MANKTELOW,
DURSO, PHEFFER AMATO, RA, GRIFFIN. AN ACT TO AMEND THE REAL PROPERTY
TAX LAW, IN RELATION TO ESTABLISHING A REAL PROPERTY TAX EXEMPTION FOR
THE SURVIVING SPOUSES OF POLICE OFFICERS KILLED IN THE LINE OF DUTY.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
WILLIAMS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. KEITH BROWN TO EXPLAIN HIS VOTE.
MR. K. BROWN: THANK YOU, MADAM SPEAKER.
I JUST WANTED TO RISE A MINUTE JUST TO EXPLAIN MY VOTE,
AND I WANT TO THANK THE SPONSOR FOR BRINGING THIS FORWARD. I ALSO
WOULD LIKE TO THANK SENATOR MONICA MARTINEZ FOR DOING IT DOWN THE
HALL.
THIS BILL CAME TO US THROUGH THE IDEA OF IRENE TSAKOS,
WHO WAS THE WIDOW OF ANASTASIOS TSAKOS, WHO WAS THE NEW YORK
POLICE DEPARTMENT HIGHWAY PATROLMAN WHO WAS KILLED SEVERAL YEARS
AGO WHILE RESPONDING TO AN EMERGENCY SCENE ON THE SERVICE ROAD OF THE
EXPRESSWAY. SHE LIVES IN MY DISTRICT WITH HER TWO YOUNG BOYS THAT
SHE'S RAISING AS A SINGLE MOTHER, AND WHEN I WENT TO SEE HER AFTER HIS
DEATH JUST TO CHECK ON HER SHE TOLD ME THIS IDEA FOR THIS BILL AND I
55
NYS ASSEMBLY JUNE 10, 2025
THOUGHT IT WAS A WONDERFUL IDEA. AND I AM REALLY PROUD OF THIS HOUSE
TO BRING THIS BILL FORWARD AND TO PASS IT UNANIMOUSLY.
THIS BILL WILL HELP THE SURVIVORS, THE WIDOWS AND THE
WIDOWERS OF POLICE OFFICERS WHO ARE KILLED IN THE LINE OF DUTY WHO
REPRESENT A VERY SMALL FRACTION OF POLICE OFFICERS WHO ARE KILLED. BUT
THE MOST IMPORTANT THING IS THAT IT'S THE LEAST WE CAN DO FOR THEIR
SACRIFICE FOR WHAT THEY DO DAY IN AND DAY OUT TO PROTECT OUR
COMMUNITIES. EVERY DAY THEY GO OUT, THEY PUT THEIR LIVES ON THE LINE,
AND FOR THAT I AM ETERNALLY GRATEFUL.
SO THIS IS FOR ANASTASIOS TSAKOS FOR HIS SACRIFICE AND
TO HELP HIS WIFE AND HIS TWO YOUNG CHILDREN HAVE A LITTLE EASIER TIME
WITHOUT THEIR FATHER IN THEIR LIVES.
SO THANK YOU VERY MUCH.
ACTING SPEAKER HUNTER: MR. KEITH BROWN IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03988-A, RULES
REPORT NO. 561, SHIMSKY. AN ACT TO AMEND THE CRIMINAL PROCEDURE
LAW, IN RELATION TO GRANTING SECURITY OFFICERS SERVING AT THE VILLAGE OF
ARDSLEY VILLAGE COURT PEACE OFFICER STATUS.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
56
NYS ASSEMBLY JUNE 10, 2025
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.)
THIS BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04179-A, RULES
REPORT NO. 562, STIRPE, GONZÁLEZ-ROJAS, GLICK, K. BROWN. AN ACT TO
AMEND THE PUBLIC HEALTH LAW, IN RELATION TO INCLUDING DIGITAL HEALTH
CARE SERVICE PLATFORMS IN THE DEFINITION OF TEMPORARY HEALTH CARE
SERVICES AGENCY.
ACTING SPEAKER HUNTER: ON A MOTION BY MR.
STIRPE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05115, RULES REPORT
NO. 563, STERN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
HOME CARE WORKER WAGE PARITY.
57
NYS ASSEMBLY JUNE 10, 2025
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.
THE CLERK: ASSEMBLY NO. A05315, RULES REPORT
NO. 564, REYES, SEAWRIGHT, SHIMSKY, MEEKS, MAMDANI, BURDICK,
SAYEGH, SHRESTHA, SANTABARBARA, HEVESI, TAPIA, STECK, JACOBSON. AN
ACT TO AMEND THE WORKERS' COMPENSATION LAW, IN RELATION TO
COMMUNICATIONS BETWEEN A CLAIMANT'S ATTORNEY OR REPRESENTATIVE AND
AN INJURED EMPLOYEE'S TREATING PROVIDER OR A CLAIMANT'S MEDICAL
CONSULTANT.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A05600-A, RULES
REPORT NO. 565, HUNTER, STERN, SEAWRIGHT, MAGNARELLI, SIMON,
ANDERSON, BURDICK, TAYLOR, JACKSON, WEPRIN, CLARK. AN ACT TO AMEND
THE INSURANCE LAW, IN RELATION TO CERTAIN VOIDABLE TRANSFERS AFFECTING A
FEDERAL HOME LOAN BANK.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
58
NYS ASSEMBLY JUNE 10, 2025
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER BUTTENSCHON: ARE THERE
ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05622, RULES REPORT
NO. 566, EACHUS, MCMAHON, STIRPE, REYES, LEVENBERG, SAYEGH. AN
ACT TO AMEND THE EDUCATION LAW, IN RELATION TO THE LICENSURE OF A
PROFESSIONAL GEOLOGIST; AND TO REPEAL SUBDIVISION 2 OF SECTION 7206-B
OF THE EDUCATION LAW RELATING THERETO.
ACTING SPEAKER BUTTENSCHON: ON A
MOTION BY MR. EACHUS, THE SENATE BILL IS BEFORE THE HOUSE. THE
SENATE BILL IS ADVANCED. THIS BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05906-B, RULES
REPORT NO. 567, BORES, SHIMSKY, GONZÁLEZ-ROJAS, SEAWRIGHT,
BURROUGHS, MCDONOUGH, O'PHARROW, KASSAY, STECK, SIMONE, REYES,
HEVESI, TAYLOR, ZINERMAN, RAMOS, LEVENBERG, COLTON, DESTEFANO,
JACOBSON. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO REQUIRING
EMPLOYERS TO DISCLOSE INFORMATION ABOUT BENEFITS AND OTHER
COMPENSATION, INCLUDING BONUSES, STOCK OPTIONS, AND COMMISSIONS.
ACTING SPEAKER BUTTENSCHON: THE BILL IS
LAID ASIDE.
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NYS ASSEMBLY JUNE 10, 2025
THE CLERK: ASSEMBLY NO. A05921-A, RULES
REPORT NO. 568, WOERNER. AN ACT TO AMEND THE RACING, PARI-MUTUEL
AND BREEDING LAW, IN RELATION TO THE CREATION OF THE JOCKEY HEALTH
INSURANCE RESERVE FUND.
ACTING SPEAKER BUTTENSCHON: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06484-A, RULES
REPORT NO. 569, WEPRIN, SEAWRIGHT, STECK, SHRESTHA, DAVILA,
JACOBSON. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO PHYSICAL
AND OCCUPATIONAL THERAPY SERVICES.
ACTING SPEAKER BUTTENSCHON: LAY THE BILL
ASIDE.
THE CLERK: ASSEMBLY NO. A06576-B, RULES
REPORT NO. 570 WAS PREVIOUSLY AMENDED AND IS HIGH.
ASSEMBLY NO. A06578, RULES REPORT NO. 571, BORES,
CUNNINGHAM, KELLES, FORREST, CHANDLER-WATERMAN, TORRES. AN ACT TO
AMEND THE GENERAL BUSINESS LAW, IN RELATION TO ESTABLISHING THE
ARTIFICIAL INTELLIGENCE TRAINING DATA TRANSPARENCY ACT.
60
NYS ASSEMBLY JUNE 10, 2025
ACTING SPEAKER BUTTENSCHON: THE CLERK
-- READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MADAM SPEAKER.
I -- I JUST WANTED TO RISE AND SAY THAT I REALLY DO
APPRECIATE THIS BILL AND REALLY FOCUSING ON THIS TOPIC AS -- AS A
LEGISLATIVE BODY. YOU KNOW, WE'RE NOT KNOWN FOR BEING ESPECIALLY
NIMBLE AS -- AS A LEGISLATURE, AND I THINK A LOT OF LEGISLATURES JUST
AREN'T. WE'RE NOT EXACTLY CUTTING-EDGE. SOMETIMES BILLS DON'T GET DONE
IN A WAY THAT'S TIMELY OR THAT KEEPS UP WITH TECHNOLOGY. AND HAVING
SPOKEN WITH THE SPONSOR JUST GENERALLY ABOUT THIS WHOLE AREA, I'M VERY
CONCERNED THAT WE HAVE ADVANCED SO QUICKLY IN REGARDS TO ARTIFICIAL
INTELLIGENCE THAT I DON'T KNOW THAT WE, AS THE LEGISLATURE, ARE GOING TO
REALLY BE ABLE TO KEEP UP. BUT I THINK THAT THIS IS A GOOD STEP. I'M GLAD
TO SEE THAT WE'RE TAKING A VOTE ON IT TODAY, AND HOPEFULLY WE CAN MOVE
FORWARD ON -- ON THIS AND HOPEFULLY TRY TO KEEP UP WITH THE
TECHNOLOGICAL ADVANCES THAT ARE COMING AT US VERY, VERY QUICKLY EVERY
DAY.
SO I WILL BE IN THE AFFIRMATIVE AND I THANK YOU,
MADAM SPEAKER.
ACTING SPEAKER BUTTENSCHON: MS. WALSH
61
NYS ASSEMBLY JUNE 10, 2025
IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06800, RULES REPORT
NO. 572, HAWLEY. AN ACT TO AMEND CHAPTER 579 OF THE LAWS OF 2004,
AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF GENESEE
TO IMPOSE A COUNTY RECORDING TAX ON OBLIGATION SECURED BY A MORTGAGE
ON REAL PROPERTY, IN RELATION TO THE EFFECTIVENESS THEREOF.
(PAUSE)
ACTING SPEAKER BUTTENSCHON: AN
INTRODUCTION BY MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. AND AS
A MATTER OF FACT, THIS INTRODUCTION IS ON BEHALF OF MR. HAWLEY,
ASSEMBLYMEMBER HAWLEY.
WE ARE JOINED TODAY BY THE FOURTH GRADE CLASS FROM
ELBA CENTRAL SCHOOL IN GENESEE COUNTY. THERE ARE SOME PEOPLE WHO
ARE HERE SPECIFICALLY THAT I'D LIKE TO HOPEFULLY PRONOUNCE THEIR NAMES
CORRECTLY. MRS. PIETRZYKOWSKI, I'M GONNA SAY. I APOLOGIZE IF I MESSED
THAT UP; MOLLY ANDERSON, DALE KOTARSKI, JENNA BROWNE, MEGAN SMITH,
JESSICA CRAMER, LIZ CALANZO [SIC] SMITH AND KALIANN BELL. SO THESE
KIDS ARE HERE TODAY TO SEE US IN ACTION TO SEE HOW THIS LEGISLATIVE
PROCESS WORKS. AND THERE'S NO BETTER CIVICS LESSON THAN COMING TO
ALBANY IN THE BEGINNING OF JUNE, RIGHT? WE'RE -- WE'RE PASSING SO
MANY BILLS AND DOING SO MUCH WORK.
62
NYS ASSEMBLY JUNE 10, 2025
SO, MADAM SPEAKER, IF YOU COULD PLEASE WELCOME
THESE GREAT FOURTH GRADERS TO THE PEOPLE'S HOUSE AND -- AND AFFORD TO
THEM ALL THE CORDIALITIES OF THE HOUSE ON BEHALF OF MR. HAWLEY. THANK
YOU.
ACTING SPEAKER BUTTENSCHON: ON BEHALF
OF MR. HAWLEY, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU TO
THE CHAMBER, EXTEND YOUR [SIC] PRIVILEGES OF THE FLOOR, AND HOPE YOU
ENJOY OUR PROCEEDINGS AS WE ARE GLAD WHEN MANY YOUNG INDIVIDUALS
COME TO THE FLOOR AS WE SEE FUTURE LEADERS IN ALL OF YOU. THANK YOU.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06800, RULES REPORT
NO. 572, HAWLEY. AN ACT TO AMEND CHAPTER 579 OF THE LAWS OF 2004,
AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF GENESEE
TO IMPOSE A COUNTY RECORDING TAX ON OBLIGATION SECURED BY A MORTGAGE
ON REAL PROPERTY, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER BUTTENSCHON: ON A
MOTION BY MR. HAWLEY, THE SENATE BILL IS BEFORE THE HOUSE. THE
SENATE BILL IS ADVANCED. THE HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER HUNTER: ARE THERE ANY OTHER
63
NYS ASSEMBLY JUNE 10, 2025
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06956-A, RULES
REPORT NO. 573, FITZPATRICK. AN ACT TO AMEND CHAPTER 7 OF THE LAWS
OF 1955, RELATING TO INCORPORATING THE HAUPPAUGE VOLUNTEER EXEMPT
FIREMEN'S BENEVOLENT ASSOCIATION, AND PROVIDING FOR ITS POWERS AND
DUTIES, IN RELATION TO THE NAME OF SUCH ASSOCIATION AND THE USE OF
FOREIGN FIRE INSURANCE PREMIUM TAXES.
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.
THE CLERK: ASSEMBLY NO. A06997, RULES REPORT
NO. 574, GALLAHAN. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN
RELATION TO DESIGNATING UNIFORMED MARINE PATROL OFFICERS AS PEACE
OFFICERS IN THE COUNTY OF SENECA.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
64
NYS ASSEMBLY JUNE 10, 2025
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07086, RULES REPORT
NO. 575, TORRES, SHIMSKY, COLTON. AN ACT TO AMEND THE PUBLIC
AUTHORITIES LAW, IN RELATION TO REQUIRING THE NEW YORK STATE THRUWAY
AUTHORITY TO SUBMIT BIANNUAL REPORTS OF ALL FISCAL TRANSACTIONS, RECEIPTS
AND EXPENDITURES.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
TORRES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. TORRES TO EXPLAIN HER VOTE.
MS. TORRES: THANK YOU, MADAM SPEAKER. I'M
REALLY EXCITED TO SEE THIS BILL BE VOTED ON BY THIS BODY.
THE NEW YORK STATE THRUWAY IS A 570-MILE TOLL
ROADWAY SYSTEM THAT RUNS ACROSS THE STATE. IT KEEPS NEW YORKERS
MOVING. THIS BILL IS VITAL TO ME BECAUSE IT ADDRESSES FUNDAMENTAL
65
NYS ASSEMBLY JUNE 10, 2025
ISSUES OF FAIRNESS, OF TRANSPARENCY AND OF EQUITY WHEN IT COMES TO THE
THRUWAY. WE'VE ENTRUSTED THE THRUWAY WITH IMMENSE POWER; 980
MILLION COLLECTED IN TOLLS JUST THIS PAST YEAR; VITAL INFRASTRUCTURE AND
ECONOMIC REACH ACROSS OUR STATE. YET THE AUTHORITY HAS LONG OPERATED
WITHOUT SUFFICIENT TRANSPARENCY AND ACCOUNTABILITY. WE, AS A BODY,
HAVE BEEN UNABLE TO FULLY TRACK ITS FINANCIAL HEALTH TO UNDERSTAND ITS
SPENDING OR IDENTIFY BUSINESSES THAT ARE DOING WORK WITH THE THRUWAY.
SO THIS BILL DIRECTLY IMPACTS ACCOUNTABILITY AND EQUITY.
THIS BILL ALSO HELPS TO ENABLE A LEVEL PLAYING FIELD FOR
OUR MINORITY- AND WOMEN-OWNED BUSINESSES. IT TACKLES DIRECTLY THIS
ISSUE BY MANDATING REPORTING ON VENDOR CONTRACTING AND -- AND THOSE
PRACTICES. SO IT -- IT ENFORCES AND ENABLES TRANSPARENCY SO THAT WE CAN
SEE WHETHER MWBES AND OTHER COMPANIES ARE PLAYING FAIR OR ARE -- ARE
BEING OFFERED SOME OF THE SAME OPPORTUNITIES WITH THE THRUWAY.
SO I'M REALLY EXCITED TO SEE THIS BILL PASS. WE AFFIRM
WITH THIS BILL A COLLECTIVE COMMITMENT TO A SYSTEM WHERE TRANSPARENCY,
FAIRNESS, AND ACCOUNTABILITY OPERATES IN OUR GOVERNMENT.
THANK YOU VERY MUCH. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: MS. TORRES IN THE
AFFIRMATIVE.
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MADAM SPEAKER.
I'M GLAD THAT THIS BILL WAS BROUGHT FORWARD. I WANTED
TO JUST MAKE IT ABSOLUTELY CLEAR TO ANYBODY THAT'S WATCHING THIS THAT IT
REQUIRES THE NEW YORK STATE THRUWAY AUTHORITY TO SUBMIT BIANNUAL
66
NYS ASSEMBLY JUNE 10, 2025
REPORTS. NOW, THAT ALWAYS CONFUSED ME BECAUSE DOES THAT MEAN EVERY
TWO YEARS OR DOES THAT MEAN EVERY SIX MONTHS? AND THE ANSWER FOR
EVERYBODY IS IT'S EVERY SIX MONTHS. THAT MEANS THAT THEY HAVE TO FILE
THEM TWICE AS OFTEN, AND I THINK THAT THAT'S EXACTLY WHAT WE NEED. I
THINK THAT WE -- WE, AS THE SPONSOR INDICATED, ENTRUST THE THRUWAY
AUTHORITY WITH AN AWFUL LOT OF POWER, AND TO HAVE THEM COME IN ONCE
A YEAR DURING BUDGET HEARINGS AND GIVE REPORT IS NOT ADEQUATE. AND I
THINK THAT IT'S -- THIS IS THE RIGHT THING FOR US TO DO. AND I DON'T KNOW
THAT WE SHOULD REALLY BE STOPPING HERE, BUT I -- I WANT TO AT LEAST
SUPPORT THIS INITIATIVE BECAUSE I THINK THAT THEY SHOULD BE REPORTING.
THEY COLLECT A LOT OF MONEY. AND WE ALL KNOW THAT THEY WEREN'T
SUPPOSED TO BE HAVING TOLLS ON THE ROADS FOREVER AND EVER AND EVER. SO
I THINK IT'S IMPORTANT THAT WE KEEP GOOD EYES ON -- ON THEM.
SO I SUPPORT THIS PIECE OF LEGISLATION, AND I -- I CAN SEE
FROM THE BOARD THAT EVERYBODY ELSE DOES, TOO, AND I'M GLAD TO SEE IT.
SO I'LL BE IN THE AFFIRMATIVE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: MS. WALSH IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07194-B, RULES
REPORT NO. 576, BICHOTTE HERMELYN, ALVAREZ, EPSTEIN, REYES, KELLES,
LEVENBERG, TAYLOR, BORES, JACOBSON. AN ACT TO AMEND THE LABOR LAW,
67
NYS ASSEMBLY JUNE 10, 2025
IN RELATION TO PROHIBITING STUDENT LOAN PAYMENT CREDIT HISTORY CHECKS IN
MAKING EMPLOYMENT DECISIONS.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A07222, RULES REPORT
NO. 577, BICHOTTE HERMELYN, LUNSFORD. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO REQUIREMENTS OF THE ANNUAL REPORT FROM
THE DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU ONCE AGAIN, MADAM
SPEAKER.
SO, I JUST WANTED TO ADD MY VOICE TO THIS PARTICULAR
BILL. I THINK THAT WE DID SOME LEGISLATION A LITTLE BIT EARLIER IN THIS
SESSION, A COUPLE OF REALLY GOOD BILLS, I THINK, TO TRY TO ADDRESS
PROBLEMS THAT WE'VE IDENTIFIED WITH THE MWBE CERTIFICATION --
CERTIFICATION AND RECERTIFICATION PROCESS THAT WE'VE BEEN HEARING ABOUT.
I THINK THAT THIS ADDITIONAL INFORMATION IN THE MWBE ANNUAL REPORT
TRIES TO GET AT THE TIMELESSNESS AND COLLECT SOME DATA ABOUT THE
TIMELINESS OF CERTIFICATION AND RECERTIFICATION. SO IF YOU'LL RECALL A BILL
68
NYS ASSEMBLY JUNE 10, 2025
THAT WAS PASSED UNANIMOUSLY, I THINK LAST WEEK -- IT'S ALL BLENDING
TOGETHER -- BUT LIKE LAST WEEK OR MAYBE THE WEEK BEFORE THAT, TRIED TO
SPEED UP THE RECERTIFICATION PROCESS SO THAT IF YOU'VE BEEN CERTIFIED
PREVIOUSLY IT WILL BE A REBUTTABLE PRESUMPTION THAT YOU WILL GET
RECERTIFIED UNLESS THERE'S SOME REASON WHY YOU SHOULDN'T BE.
SO I THINK IT'LL BE INTERESTING TO TRACK THIS INFORMATION
AND SEE IF THAT, IN FACT, IS MOVING THINGS FORWARD A LITTLE BIT MORE
QUICKLY. SO I THINK THAT ALTHOUGH I KNOW THAT SOMETIMES THERE'S SOME
PUSHBACK FROM THE SECOND FLOOR ABOUT DOING ADDITIONAL REPORTING OR
THE COST OR TIME INVOLVED IN DOING ADDITIONAL REPORTING, I THINK IN THIS
INSTANCE IT'S REALLY IMPORTANT THAT WE DO THIS. BECAUSE THERE'S NO POINT
IN HAVING AN MWBE PROGRAM IF IT'S NOT WORKING WELL. SO WE NEED TO
FIGURE OUT WHAT IS, WHAT IS NOT AND WHAT WE CAN DO ABOUT IT.
SO I DO SUPPORT THIS AND THANK THE SPONSOR.
ACTING SPEAKER HUNTER: MS. WALSH IN THE
AFFIRMATIVE.
MS. GIGLIO TO EXPLAIN HER VOTE.
MS. GIGLIO: THANK YOU, MADAM SPEAKER.
AND I WOULD ALSO LIKE TO SAY THAT THIS IS A BILL THAT I
WOULD DEFINITELY SUPPORT. THE MWBE PROGRAM, I'VE HAD SEVERAL
PEOPLE WITHIN MY DISTRICT AND ACTUALLY ALL THROUGHOUT THE STATE THAT
HAVE HAD PROBLEMS NOT ONLY GETTING CERTIFIED, BUT GETTING RECERTIFIED.
AND IT'S A REALLY IMPORTANT PROGRAM TO START NEW BUSINESSES, HELP BIG
CONTRACTORS THAT HAVE TO MEET THE STATE'S REQUIREMENT FOR PUBLIC WORKS
PROJECTS.
69
NYS ASSEMBLY JUNE 10, 2025
SO IT'S A -- A GREAT ENDEAVOR. I LOOK FORWARD TO SEEING
THE REPORTS; THE NUMBER OF PEOPLE THAT HAVE APPLIED, THE NUMBER OF
PEOPLE THAT HAVE BEEN DENIED, THE RECERTIFICATION DENIALS, AND -- AND
REALLY WORK TOWARDS FIGURING OUT WHY THESE DENIALS ARE HAPPENING AND
TRYING TO HELP AND SUPPORT MWBES IN THEIR BUSINESSES.
SO IT'S A PRO-BUSINESS BILL AND I WANT TO JUST SAY IT'S A
GREAT BILL AND I'M VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER HUNTER: MS. GIGLIO IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07277-A, RULES
REPORT NO. 578, BICHOTTE HERMELYN, DE LOS SANTOS. AN ACT TO AMEND
THE ELDER LAW, IN RELATION TO ESTABLISHING THE INTERAGENCY ELDER JUSTICE
TASK FORCE; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
70
NYS ASSEMBLY JUNE 10, 2025
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07341-C, RULES
REPORT NO. 579, PRETLOW. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING THE CITY OF MOUNT VERNON TO IMPOSE A HOTEL AND MOTEL
TAX; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION
THEREOF.
ACTING SPEAKER HUNTER: HOME RULE
MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07529, RULES REPORT
NO. 580, BURKE. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN
RELATION TO GRANTING PEACE OFFICER STATUS TO CERTAIN ERIE COUNTY
EMPLOYEES.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
71
NYS ASSEMBLY JUNE 10, 2025
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07615-A, RULES
REPORT NO. 581, RIVERA, CONRAD. AN ACT TO AMEND THE PARKS,
RECREATION AND HISTORIC PRESERVATION LAW, IN RELATION TO DESIGNATING
THE SCAJAQUADA HERITAGE AREA.
ACTING SPEAKER HUNTER: ON A MOTION BY MR.
RIVERA, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07651-A, RULES
REPORT NO. 582, CHLUDZINSKI. AN ACT TO AMEND CHAPTER 296 OF THE
LAWS OF 1992 INCORPORATING THE RESCUE VOLUNTEER AND EXEMPT
FIREMEN'S BENEVOLENT ASSOCIATION INC., AND PROVIDING FOR ITS POWERS
AND DUTIES, IN RELATION TO THE PURPOSE OF SUCH CORPORATION AND THE USE
OF CERTAIN TAX MONIES RECEIVED.
72
NYS ASSEMBLY JUNE 10, 2025
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. CHLUDZINSKI, THIS IS YOUR FIRST BILL.
CONGRATULATIONS.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07960, RULES REPORT
NO. 583, MILLER. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING AN OCCUPANCY TAX IN THE CITY OF ONEONTA; AND PROVIDING
FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF.
ACTING SPEAKER HUNTER: HOME RULE
MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
73
NYS ASSEMBLY JUNE 10, 2025
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08227-A, RULES
REPORT NO. 584, LEVENBERG. AN ACT TO AMEND THE VEHICLE AND TRAFFIC
LAW, IN RELATION TO ADJUDICATIONS AND OWNER LIABILITY FOR A VIOLATION OF
TRAFFIC-CONTROL SIGNAL INDICATIONS IN THE CITY OF PEEKSKILL; TO AMEND THE
PUBLIC OFFICERS LAW, IN RELATION TO ACCESSING RECORDS; AND PROVIDING
FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
OOPS, HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08371-A, RULES
74
NYS ASSEMBLY JUNE 10, 2025
REPORT NO. 585, KELLES. AN ACT IN RELATION TO AUTHORIZING THE TOWN OF
ITHACA TO ALIENATE AND DISCONTINUE THE USE OF CERTAIN PARKLANDS.
ACTING SPEAKER HUNTER: HOME RULE
MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08419, RULES REPORT
NO. 586, CONRAD, SCHIAVONI. AN ACT TO AMEND THE AGRICULTURE AND
MARKETS LAW, IN RELATION TO RETAIL FOOD STORE, FOOD SERVICE
ESTABLISHMENT AND FOOD WAREHOUSE LICENSING.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
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.)
75
NYS ASSEMBLY JUNE 10, 2025
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08459, RULES REPORT
NO. 587, SOLAGES, STECK. AN ACT TO AMEND THE MENTAL HYGIENE LAW,
IN RELATION TO STATEWIDE OPIOID SETTLEMENT AGREEMENTS.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
SOLAGES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THIS BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08463-E, RULES
REPORT NO. 588, LEE, KIM TAYLOR, BURDICK, GLICK, LEVENBERG, COLTON,
DE LOS SANTOS, ZACCARO, SOLAGES, BUTTENSCHON, EPSTEIN, GONZÁLEZ-
ROJAS, REYES, BRAUNSTEIN, KASSAY, ROZIC, RIVERA, PAULIN, BORES,
BURROUGHS, WEPRIN, RAJKUMAR, ROMERO, HOOKS, JACKSON, SIMONE,
GRIFFIN, CHANG, RAGA. AN ACT IN RELATION TO AUTHORIZING THE
COMMISSIONER OF EDUCATION TO CONDUCT A SURVEY REGARDING INSTRUCTION
ON ASIAN AMERICAN, NATIVE HAWAIIANS AND PACIFIC ISLANDER HISTORY
WITHIN THE STATE; TO AMEND THE EDUCATION LAW, IN RELATION TO
ESTABLISHING AN ASIAN AMERICAN, NATIVE HAWAIIANS AND PACIFIC
ISLANDER HISTORY ADVISORY COMMITTEE; AND PROVIDING FOR THE REPEAL OF
SUCH PROVISIONS UPON THE EXPIRATION THEREOF.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A08675, RULES REPORT
NO. 589 --
ACTING SPEAKER HUNTER: ON A MOTION BY MR.
BRAUNSTEIN, RULES REPORT NO. 8 -- 589, BILL NO. A08675, THE
76
NYS ASSEMBLY JUNE 10, 2025
AMENDMENTS ARE RECEIVED AND ADOPTED.
THE CLERK: ASSEMBLY NO. A08676, RULES REPORT
NO. 590, LEE, HEVESI, CRUZ, ZACCARO, WEPRIN, R. CARROLL, LASHER, FALL,
BICHOTTE HERMELYN, DE LOS SANTOS, DAVILA, PHEFFER AMATO, BURKE,
BRAUNSTEIN, JACKSON, SEAWRIGHT, GLICK, TAPIA, BENEDETTO, DAIS,
BURDICK, ROZIC, WRIGHT, K. BROWN. AN ACT TO AMEND THE GENERAL CITY
LAW, CHAPTER 772 OF THE LAWS OF 1966, RELATING TO ENABLING ANY CITY
HAVING A POPULATION OF ONE MILLION OR MORE TO RAISE TAX REVENUE, AND
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO
AUTHORIZING CREDITS FOR RELOCATION AND EMPLOYMENT ASSISTANCE AND
MAKING AVAILABLE RELOCATION ASSISTANCE CREDITS PER EMPLOYEES; AND
PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A08680-A, RULES
REPORT NO. 591, BURKE. AN ACT TO AMEND THE GENERAL CITY LAW, IN
RELATION TO REQUIRING ADDITIONAL NOTICE PRIOR TO THE DISCONTINUANCE OF
DRINKING WATER FLUORIDATION.
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.
77
NYS ASSEMBLY JUNE 10, 2025
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08684, RULES REPORT
NO. 592, TAYLOR. AN ACT TO AUTHORIZE JONATHAN MONTALVO TO BE PLACED
ON THE ELIGIBLE LIST FOR EMPLOYMENT AS A FULL-TIME UNIVERSITY POLICE
OFFICER FOR THE STATE UNIVERSITY OF NEW YORK POLICE.
ACTING SPEAKER HUNTER: ON A MOTION BY MR.
TAYLOR, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08699-A, RULES
REPORT NO. 593, BICHOTTE HERMELYN, LASHER. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO CLARIFYING THE STANDARD FOR WHEN A
PRACTICE HAS A DISCRIMINATORY EFFECT.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
BICHOTTE HERMELYN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE
BILL IS ADVANCED. THIS BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08785, RULES REPORT
78
NYS ASSEMBLY JUNE 10, 2025
NO. 594, SEPTIMO. AN ACT TO AMEND CHAPTER 363 OF THE LAWS OF 2010,
AMENDING THE JUDICIARY LAW RELATING TO GRANTING THE CHIEF
ADMINISTRATOR OF THE COURTS THE AUTHORITY TO ALLOW REFEREES TO
DETERMINE APPLICATIONS FOR ORDERS OF PROTECTION DURING THE HOURS
FAMILY COURT IS IN SESSION, IN RELATION TO THE EXPIRATION THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08795, RULES REPORT
NO. 595, WOERNER. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL
LAW, IN RELATION TO AN EXEMPTION FOR CERTAIN PROPERTY FROM THE
PROHIBITION OF ALCOHOL SALES WITHIN A CERTAIN DISTANCE OF A CHURCH.
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.
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NYS ASSEMBLY JUNE 10, 2025
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 12, RULES REPORT NO. 590, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08676, RULES REPORT
NO. 590, LEE, HEVESI, CRUZ, ZACCARO, WEPRIN, R. CARROLL, LASHER, FALL,
BICHOTTE HERMELYN, DE LOS SANTOS, DAVILA, PHEFFER AMATO, BURKE,
BRAUNSTEIN, JACKSON, SEAWRIGHT, GLICK, TAPIA, BENEDETTO, DAIS,
BURDICK, ROZIC, WRIGHT, K. BROWN. AN ACT TO AMEND THE GENERAL CITY
LAW, CHAPTER 772 OF THE LAWS OF 1966, RELATING TO ENABLING ANY CITY
HAVING A POPULATION OF ONE MILLION OR MORE TO RAISE TAX REVENUE, AND
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO
AUTHORIZING CREDITS FOR RELOCATION AND EMPLOYMENT ASSISTANCE AND
MAKING AVAILABLE RELOCATION ASSISTANCE CREDITS PER EMPLOYEES; AND
PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1, 2025.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. LEE TO EXPLAIN HER VOTE.
MS. LEE: THANK YOU, MADAM SPEAKER.
I AM THE PROUD STATE REPRESENTATIVE FOR LOWER
MANHATTAN, INCLUDING CHINATOWN, THE FINANCIAL DISTRICT AND THE LOWER
EAST SIDE; SOME OF THE MOST DYNAMIC AND HISTORIC NEIGHBORHOODS IN
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NYS ASSEMBLY JUNE 10, 2025
THE STATE AND THE COUNTRY. AND TODAY WE ARE TAKING ACTION TO HELP
SECURE THE ECONOMIC FUTURE OF NEW YORK CITY.
LOWER MANHATTAN IS HOME TO THE FINANCIAL CAPITAL OF
THE WORLD, BUT IT'S ALSO A COMMUNITY OF FAMILY-OWNED BUSINESSES,
IMMIGRANT ENTREPRENEURS AND RESILIENT STOREFRONTS THAT HAVE ANCHORED
OUR STREETS FOR GENERATIONS. THESE BUSINESSES ARE STILL RECOVERING FROM
THE IMPACT OF COVID, GRAPPLING WITH SKYROCKETING COSTS AND
NAVIGATING A RAPIDLY-CHANGING COMMERCIAL REAL ESTATE MARKET. THE
LOWER MANHATTAN RELOCATION AND EMPLOYMENT ASSISTANCE PROGRAM
HAS LONG BEEN A CRITICAL TOOL, HELPING BUSINESSES RELOCATE, EXPAND AND
REINVEST IN OUR COMMUNITIES. AND NOW THROUGH THIS RENEWED AND
EXPANDED PROGRAM, WE ARE CREATING NEW INCENTIVES TO ATTRACT
BUSINESSES, FILL OFFICE VACANCIES, AND KEEP OUR COMMERCIAL CORRIDORS
ACTIVE AND VIBRANT. BUT THIS IS ABOUT MORE THAN JUST OFFICE SPACE. IT'S
ABOUT KEEPING NEW YORK COMPETITIVE, CREATING JOBS, STABILIZING THE
ECONOMY AND BUILDING A VIBRANT COMMUNITY.
THANK YOU TO THE ADVOCATES, BUSINESSES AND
COMMUNITY MEMBERS WHO STOOD WITH US TO MAKE THIS POSSIBLE, AND
THANK YOU TO MY COLLEAGUES FOR HELPING ENSURE THAT LOWER MANHATTAN
REMAINS A PLACE WHERE BUSINESSES CAN THRIVE AND FAMILIES CAN BUILD A
FUTURE.
I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: MS. LEE IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 10, 2025
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, WE ARE
GOING TO CONTINUE OUR FLOOR WORK THIS EARLY EVENING WITH CALENDAR NO.
65, BILLS ON DEBATE. WE'RE GONNA START WITH RULES REPORT NO. 196 BY
MS. PAULIN, FOLLOWED BY RULES REPORT NO. 265 BY MR. CUNNINGHAM,
FOLLOWED BY 292 BY MR. RIVERA, FOLLOWED BY RULES REPORT NO. 415 BY
MS. ROSENTHAL, AND THEN WE'RE GONNA GO TO 423 BY MS. PHEFFER AMATO.
IN THAT ORDER, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
PAGE 7, RULES REPORT NO. 196, THE CLERK WILL READ.
THE CLERK: SENATE NO. S00123, RULES REPORT NO.
196, SENATOR CLEARE (A00268, PAULIN, MCDONOUGH, SEAWRIGHT,
DINOWITZ, WEPRIN, SIMON). AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO PROHIBITING THE SALE OF INFANT WALKERS AND
RESTRICTING THE USE OF SUCH INFANT WALKERS IN CERTAIN SETTINGS.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MS. PAULIN.
MS. PAULIN: YES. THE BILL BANS THE SALE OF INFANT
WALKERS AND RESTRICTS THEIR USE IN CERTAIN SETTINGS.
ACTING SPEAKER HUNTER: MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR PLEASE YIELD FOR SOME QUESTIONS?
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NYS ASSEMBLY JUNE 10, 2025
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. PAULIN: ABSOLUTELY.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. GANDOLFO: THANK YOU.
SO WE DEBATED THIS BILL LAST YEAR AS WELL. HAVE THERE
HAVE BEEN -- BEEN ANY CHANGES IN THE BILL AT ALL OR IS IT THE SAME AS LAST
YEAR?
MS. PAULIN: ONLY IN THAT THE SENATE PASSED IT THIS
TIME.
MR. GANDOLFO: OKAY. OKAY.
NOW, WHAT IS THE REASON FOR BANNING THE SALE OF INFANT
WALKERS?
MS. PAULIN: THEY HAVE BEEN -- THEY HAVE BEEN
INDICATED BY THE PEDIATRICIANS AND IN SURVEYS THAT HAVE BEEN DONE WITH
EMERGENCY ROOM VISITS THAT YOUNG BABIES WHO USE THESE ARE INJURED
AND THEY -- THE PEDIATRICIANS, THE AMERICAN ACADEMY [SIC], HAS
INDICATED THAT THEY BELIEVE THEY SHOULD BE BANNED. SO THAT'S WHY WE
HAVE THIS BILL.
MR. GANDOLFO: OKAY. AND HOW -- WHAT ARE
THESE INJURIES? HOW ARE THEY HAPPENING? IS IT EQUIPMENT FAILURE? IS
THE -- THE WALKER BREAKING DOWN?
MS. PAULIN: I THINK THAT FROM WHAT I'VE READ IT'S
VERY COMMON BECAUSE THE -- THE CHILD CAN WALK QUICKLY. YOU KNOW,
THEY WHEEL. AND THAT THEY -- THEY FALL DOWN STAIRS AND -- AND THEY'VE
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NYS ASSEMBLY JUNE 10, 2025
BEEN INJURED MOSTLY BECAUSE OF THAT.
MR. GANDOLFO: OKAY. SO, FALL INJURIES?
MS. PAULIN: YEAH.
MR. GANDOLFO: OKAY. IS THAT SOMETHING IN TERMS
OF STAIRS THAT COULD BE SOLVED BY A BABY GATE?
MS. PAULIN: I GUESS IT CAN, BUT BECAUSE OF THEY'RE
SEEING MORE THAN 3,000 INJURIES A YEAR, THEY BELIEVE THAT THIS SHOULD BE
BANNED.
MR. GANDOLFO: OKAY. AND 3,000 INJURIES PER
YEAR, IS THAT IN THE STATE OF NEW YORK OR IS THAT NATIONWIDE?
MS. PAULIN: THE -- THE LAST DATA THAT WE HAVE, YOU
KNOW, IT'S A LITTLE OLD, YOU KNOW, BECAUSE IT'S DONE AND THEN YOU SEE IT A
COUPLE OF YEARS LATER, IS FROM 2023.
MR. GANDOLFO: OKAY.
MS. PAULIN: AND IN 2023 THE -- IT WAS, I THINK,
3,100 OR 3,200 INJURIES ACROSS THE COUNTRY.
MR. GANDOLFO: OKAY, SO NATIONWIDE. ALL RIGHT.
NOW, THE INFANT WALKERS THEMSELVES, I BELIEVE THERE'S
SAFETY FEATURES THAT ARE MANDATED BY THE FEDERAL GOVERNMENT. THOSE
INCLUDE A BRAKING FEATURE SO THAT YOU CAN'T -- WELL, NOT YOU BECAUSE
WE'RE NOT IN THE WALKERS -- BUT A CHILD CAN'T GET OVER A LEDGE THAT'S MORE
THAN ABOUT AN INCH OR TWO HIGH. AND I BELIEVE THEY ALSO HAVE TO BE
WIDER THAN 36 INCHES TO PREVENT THEM FROM GOING THROUGH A STANDARD
DOORFRAME. SO THOSE SAFETY FEATURES ARE NOT SUFFICIENT?
MS. PAULIN: NO. AND, IN FACT, IT'S BELIEVED THAT
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NYS ASSEMBLY JUNE 10, 2025
THEY DON'T EVEN HELP AND ASSIST A YOUNG CHILD LEARNING TO WALK. SO THEY
SEEM TO SERVE NO PURPOSE AND CAUSE INJURIES IN THE PROCESS.
MR. GANDOLFO: OKAY. THANK YOU.
MADAM SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. GANDOLFO: MADAM SPEAKER, OF COURSE NO
ONE WANTS TO SEE CHILDREN, ESPECIALLY INFANTS, GETTING HURT. HOWEVER,
INFANT WALKERS HAVE BEEN IN USE FOR HUNDREDS OF YEARS. THE RATE OF
INJURIES STEMMING FROM INFANT WALKERS HAS DECLINED SIGNIFICANTLY SINCE
THE FEDERAL GOVERNMENT ENACTED CERTAIN SAFETY STANDARDS ON THESE
DEVICES, AND I WOULDN'T AGREE WITH THE ASSESSMENT THAT THEY SERVE NO
PURPOSE. A LOT OF PEOPLE IN HERE MIGHT HAVE USED THEM OR BEEN IN
THEM WHEN THEY WERE LITTLE. BUT JUST SPEAKING FROM A PERSONAL
STANDPOINT, WHEN I'M UP HERE HANGING OUT WITH ALL OF YOU GUYS --
WHICH I LOVE DOING -- ESPECIALLY WHEN MY KIDS WERE LITTLE, MY WIFE
WAS AT HOME AND THE INFANT WALKER WAS A GODSEND FOR HER. WHEN SHE
WAS TRYING TO GET HERSELF READY FOR WORK IN THE MORNING, SHE WAS ABLE
TO PUT OUR INFANT IN THE INFANT WALKER IN OUR DEN FROM WHICH HE WAS
UNABLE TO LEAVE THE ROOM. BUT IF YOU DID NOT HAVE THAT INFANT WALKER
HE WOULD BE ABLE TO CRAWL RIGHT OUT RIGHT OVER THE STEP AND GET OUT OF
THERE.
IF YOU LOOK AT STATISTICS THERE ARE PLENTY OF WAYS THAT
CHILDREN UNFORTUNATELY DO GET HURT. INFANT WALKERS ARE NOT A TOP CAUSE.
IF YOU -- THE DATA THAT I'VE SEEN SAYS MORE CHILDREN JUST FALL DOWN THE
STAIRS, UNRELATED TO AN INFANT WALKER, EACH AND EVERY YEAR. MORE
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NYS ASSEMBLY JUNE 10, 2025
CHILDREN ARE INJURED FROM FALLING OFF OF FURNITURE, THINGS LIKE CHANGING
TABLES AND OTHER ELEVATED FURNITURE. SO, UNFORTUNATELY, IN OUR DAILY LIFE
THERE'S A WAY THAT CHILDREN GET HURT. IT HAPPENS. WE TRY TO MITIGATE IT.
BUT I JUST FEEL THAT DOING THIS, PREVENTING ANYONE FROM USING AN INFANT
WALKER, TAKING AWAY A PARENT'S DISCRETION AND WHAT THEY THINK IS BEST
FOR THEIR FAMILY IS NOT THE RIGHT COURSE OF ACTION.
SO I WILL BE VOTING NO ON THIS AND I ENCOURAGE MY
COLLEAGUES TO VOTE NO AS WELL. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU VERY MUCH, MADAM
SPEAKER. THE MINORITY CONFERENCE WILL, GENERALLY SPEAKING, BE IN THE
NEGATIVE ON THIS PIECE OF LEGISLATION. BUT IF ANYBODY WISHES TO VOTE
AFFIRMATIVELY, NOW WOULD BE THE TIME TO DO SO AT YOUR SEATS.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. THE MAJORITY CONFERENCE IS GONNA BE IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, THERE MAY BE A FEW OF US WHO WOULD DESIRE TO
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NYS ASSEMBLY JUNE 10, 2025
BE AN EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. SEMPOLINSKI TO EXPLAIN HIS VOTE.
MR. SEMPOLINSKI: THANK YOU, MADAM SPEAKER.
I'M GONNA BE VOTING IN THE NEGATIVE ON THIS. AND I -- I
THINK ABOUT MY DAUGHTER WHO, DUE TO HER DEVELOPMENTAL DISABILITY, A
LOT OF THINGS WERE SLOWER FOR HER. AND ONE OF THE THINGS THAT SHE WAS
THE SLOWEST AT DEVELOPING WITH WAS WALKING. IT TOOK HER A LONG TIME --
SHE NEVER REALLY LEARNED TO CRAWL, SHE SORT OF LEARNED TO SCOOT. AND
EVENTUALLY THROUGH MUCH PERSISTENCE AND PHYSICAL THERAPY SHE, YOU
KNOW, SHE WALKS AND RUNS AROUND NOW. BUT IT -- IT WAS VERY, VERY HARD
FOR HER. AND SO ONE OF THE THINGS THAT SHE VERY MUCH ENJOYED AND
HELPED HER LEARN SORT OF THE BODY CONTROL AND GAIN PHYSICAL STRENGTH
WAS USING A WALKER.
SO I THINK THIS IS SORT OF TOO BROAD ACROSS THE BOARD.
WE OBVIOUSLY WANT CHILDREN TO BE SAFE, BUT I WOULD ARGUE THERE IS A
VERY TANGIBLE, REAL REASON WHY YOU MIGHT WANT TO HAVE A CHILD IN A
WALKER. SO I VOTE IN THE NEGATIVE.
ACTING SPEAKER HUNTER: MR. SEMPOLINSKI IN
THE NEGATIVE.
MR. DIPIETRO TO EXPLAIN HIS VOTE.
MR. DIPIETRO: THANK YOU, MADAM SPEAKER.
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NYS ASSEMBLY JUNE 10, 2025
JUST THAT I WOULD WISH THAT SOMETIMES THIS BODY
WOULD BE CONCERNED ABOUT THE BABIES WHEN THEY'RE IN THE WOMB AS
MUCH AS THEY'RE CONCERNED ABOUT THEM WHEN THEY GET OUTSIDE THE
WOMB.
I'LL BE VOTING IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER HUNTER: MR. DIPIETRO IN THE
NEGATIVE.
MS. JACKSON TO EXPLAIN HER VOTE.
MS. JACKSON: THANK YOU, MADAM SPEAKER.
I'VE HAD THE PRIVILEGE OF RAISING TWO KIDS OF MY OWN,
NEITHER OF WHICH HAD A WALKER. KIDS CAN LEARN HOW TO WALK WITHOUT
ONE. WE KNOW THAT THERE'S SAFETY ISSUES AND CONCERNS WITH IT. I WOULD
SAY THAT WALKERS SHOULD NOT BE USED TO MONITOR OUR KIDS. WE SHOULD
ACTUALLY BE SPENDING TIME WITH OUR CHILDREN AND RAISING THEM AND
HELPING THEM TAKE THEIR FIRST, SECOND AND THIRD STEPS.
SO I'LL BE VOTING IN THE AFFIRMATIVE AND I SAY THANK YOU
TO THE SPONSOR FOR BRINGING THIS BILL FORWARD.
ACTING SPEAKER HUNTER: MS. JACKSON IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 8, RULES REPORT NO. 265, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04502-B, RULES
REPORT NO. 265, CUNNINGHAM, JACKSON, DE LOS SANTOS, YEGER,
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NYS ASSEMBLY JUNE 10, 2025
ANDERSON, SHIMSKY, MCDONOUGH. AN ACT TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO ACCESS TO EDUCATIONAL ACTIVITIES BY PUBLIC
ASSISTANCE RECIPIENTS WHO ARE SUBJECT TO WORK PARTICIPATION
REQUIREMENTS.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MR. CUNNINGHAM.
MR. CUNNINGHAM: THANK YOU, MADAM SPEAKER.
THIS BILL WOULD ALLOW PEOPLE WHO ARE USING
COURSEWORK AND USING COLLEGE TO RECEIVE PUBLIC ASSISTANCE.
ACTING SPEAKER HUNTER: MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD?
MR. CUNNINGHAM: ABSOLUTELY.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MS. WALSH: THANK YOU VERY MUCH.
SO A FEW QUESTIONS ABOUT HOW THIS ACTUALLY WORKS.
COULD YOU GIVE A BIGGER PICTURE VIEWPOINT FOR US ABOUT WHAT THE RULES
ARE CURRENTLY, BEFORE THIS BILL, SURROUNDING THE IDEA OF WORK
REQUIREMENTS AND PUBLIC ASSISTANCE FOR THESE 18- AND 19-YEAR-OLDS.
MR. CUNNINGHAM: ABSOLUTELY.
MS. WALSH: THANK YOU.
MR. CUNNINGHAM: WHAT THIS -- WHAT CURRENTLY
HAPPENS IS PEOPLE WITH TWO-YEAR DEGREES ARE ALLOWED TO USE
COURSEWORK TOWARDS THEIR PUBLIC ASSISTANCE BENEFITS. WHAT WE DO
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NYS ASSEMBLY JUNE 10, 2025
KNOW IS THAT PEOPLE WHO INTEND TO RECEIVE A BACHELOR'S DEGREE HAVE A
HIGHER PERCENTAGE OF EARNING THEIR WAGES. SO WE WANT TO MAKE THAT
CAVEAT WHICH ALLOWS THEM TO NOT ONLY JUST FOR A TWO-YEAR DEGREE, BUT
ALSO FOR A FOUR-YEAR DEGREE, AS WELL AS THE COURSEWORK THEY DO WHILE
DOING THEIR DEGREE.
MS. WALSH: OKAY. SO A QUESTION FOR YOU WAS I
SAW THAT IT ALSO TALKED ABOUT VOCATIONAL EDUCATIONAL ACTIVITIES, BECAUSE
WE KNOW THAT NOT --
MR. CUNNINGHAM: ABSOLUTELY.
MS. WALSH: -- NOT EVERY YOUNG PERSON IS ON A
COLLEGE PATH, TWO-YEAR OR FOUR-YEAR. MAYBE THEY MIGHT BE ON MORE OF
A VOCATIONAL PATH. HOW DOES THAT LINE UP WITH THE REQUIREMENTS FOR
WORKING TO RECEIVE PUBLIC ASSISTANCE?
MR. CUNNINGHAM: WELL LET ME JUST SAY, OVER 35
STATES CURRENTLY, BOTH DEMOCRATS AND REPUBLICAN STATES, USE THIS
PHILOSOPHY. WHY WE'RE MOVING IN THIS DIRECTION IS BECAUSE OBVIOUSLY
THE WORKFORCE HAS CHANGED QUITE A BIT. THERE ARE GREEN-COLLAR JOBS,
THEY'RE JOBS THAT DIDN'T EXIST FIVE OR TEN YEARS AGO. AND WE WANT TO
MAKE SURE THAT THE WORKFORCE IS READY AND AVAILABLE AND THEY'RE READY
TO WORK. SO IF THAT MEANS VOCATIONAL TRAINING, WE WANNA MAKE SURE
THAT WE HAVE THE BEST AND BRIGHTEST WORKFORCE, WHETHER THEY DO BLUE-
COLLAR WORK OR WHITE-COLLAR WORK.
MS. WALSH: YEAH, AND I COMPLETELY AGREE WITH
THAT. I THINK MOST OF US HERE WOULD. I THINK -- RIGHT NOW, WHAT IS THE
NUMBER OF HOURS PER WEEK THAT IS FOR -- FOR THOSE 18- AND 19-YEAR-OLDS
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NYS ASSEMBLY JUNE 10, 2025
THAT ARE REQUIRED TO SHOW THAT THEY'RE WORKING A CERTAIN NUMBER OF
HOURS PER WEEK? HOW MANY HOURS DO THEY HAVE TO DO UNDER THE
EXISTING LAW?
MR. CUNNINGHAM: UNDER EXISTING LAW THERE'S A
MINIMUM OF 20 HOURS.
MS. WALSH: TWENTY HOURS. OKAY. AND SOME
OTHER -- SOME THINGS THAT COUNT, I THINK, BUT I WANT -- I WANT TO JUST
VERIFY, THAT COUNT TOWARDS THAT 20 HOURS A WEEK COULD BE JOB SEARCH,
JOB TRAINING, EDUCATION, AND OTHER ACTIVITIES THAT THE INDIVIDUAL -- THAT
WILL HELP INDIVIDUALS TO GAIN EMPLOYMENT; IS THAT ACCURATE?
MR. CUNNINGHAM: THAT IS CORRECT.
MS. WALSH: OKAY. AND SO WHAT THIS BILL THEN DOES
IS IT SAYS THAT IF YOU ARE DOING HOMEWORK IN PURSUIT OF A FOUR-YEAR
DEGREE, THAT THAT ALSO WILL COUNT TOWARDS YOUR 20 HOURS A WEEK
REQUIREMENT; IS THAT CORRECT?
MR. CUNNINGHAM: THAT IS CORRECT. ABSOLUTELY.
I THINK WE ALL KNOW IN THIS CHAMBER THAT HOMEWORK IS A PART OF A
SUCCESSFUL ACADEMIC LIFE, AS WELL AS MANY OF US WHO DO RESEARCH IN OUR
BILLS SPEND TIME OUTSIDE OF THE CHAMBER WORKING ON THAT. SO I BELIEVE
THAT DOES COUNT TOWARDS COURSEWORK.
MS. WALSH: OKAY.
SO NOW COULD YOU TALK A LITTLE BIT ABOUT THE ISSUE OF
WHETHER THAT HOMEWORK HAS TO BE SUPERVISED OR IT COULD BE
UNSUPERVISED IN ORDER TO COUNT?
MR. CUNNINGHAM: IN THE BILL WE'VE GIVEN SOME
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NYS ASSEMBLY JUNE 10, 2025
PROVISIONS TO ALLOW SUPERVISION WITH -- WITH AN OPT-IN FOR LOCAL
MUNICIPALITIES TO OPT -- IN THAT OPTION. IT'S NOT REQUIRED IN THE BILL, BUT
IT DOES GIVE THE OPPORTUNITY FOR LOCALS TO OPT INTO THAT.
MS. WALSH: SO IF A LOCAL --
MR. CUNNINGHAM: COLLEGE.
MS. WALSH: -- SOCIAL SERVICES DEPARTMENT HAD AN --
HAD AN ABILITY TO PROVIDE SUPERVISION OF HOMEWORK IN ORDER FOR IT TO
COUNT, THEY COULD OPT IN AND DO IT THAT WAY. BUT THEY NEED TO HAVE THE
-- THE MANPOWER TO BE ABLE TO PROVIDE THAT SUPERVISION. IS THAT -- IS
THAT TRUE?
MR. CUNNINGHAM: ABSOLUTELY. OBVIOUSLY THERE
ARE A LOT OF TEACHER ASSISTANTS WHO ALSO CAN HELP SUPPORT THAT ON COLLEGE
CAMPUSES. WE KNOW THAT A LOT OF KIDS WHO ARE IN THESE PROGRAMS ALSO
CAN GO TO A LIBRARY AND GET THEIR COURSEWORK SIGNED OFF ON AS WELL. SO
THERE IS BUILT-IN MECHANISMS IN OUR COLLEGES, BUT WE DID LEAVE AN
OPT-IN FOR AN OPTIONAL OPT-IN.
MS. WALSH: OKAY. BUT -- AND -- AND JUST FOR
CLARIFICATION, IF THE LOCAL SOCIAL SERVICES DEPARTMENT OR DISTRICT DID NOT
OPT IN TO DOING IT THAT WAY, THEN WOULD UNSUPERVISED HOMEWORK TIME
COUNT FOR THESE 18- AND 19-YEAR-OLDS IN THEIR 20-HOUR-A-WEEK
REQUIREMENT?
MR. CUNNINGHAM: I THINK ONE OF THE BENEFITS
HERE IS THAT WE KNOW THAT EVERY STUDENT THAT TAKES COURSEWORK NEEDS TO
RECEIVE A C OR BETTER, MEANING THEY WOULD NEED TO HAVE COMPLETED
HOMEWORK AND COURSEWORK IN ORDER TO RECEIVE A MINIMUM OF C IN THAT
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NYS ASSEMBLY JUNE 10, 2025
COURSE.
MS. WALSH: OKAY. BUT IN ANSWER TO MY QUESTION
AS FAR AS THE -- THE SUPER -- THE SUPERVISION REQUIREMENT, IT -- IT -- THE
HOMEWORK DOESN'T HAVE TO BE SUPERVISED IN ORDER TO COUNT TOWARDS THAT
20 HOURS, CORRECT?
MR. CUNNINGHAM: NO, IT DOESN'T HAVE TO BE.
MS. WALSH: OKAY. ALL RIGHT. AND SO DOES THE --
DOES THE -- THE YOUNG PERSON, THE 18- OR 19-YEAR-OLD RECIPIENT, DO THEY
SELF-CERTIFY HOW MANY HOURS OF HOMEWORK THAT THEY'RE DOING EACH
WEEK IN ORDER TO QUALIFY?
MR. CUNNINGHAM: THEY WOULD SELF-CERTIFY IN
MOST CASES.
MS. WALSH: THEY'D SELF-CERTIFY. OKAY. ALL RIGHT.
AND -- JUST MAKING SURE IF I GOT ALL MY QUESTIONS ANSWERED. OKAY.
AND CAN -- COULD -- SO IS IT -- IS IT YOUR VISION IN
DEVELOPING THIS FRAMEWORK THAT IF YOU HAVE A 20-HOUR-PER-WEEK
REQUIREMENT, IS IT YOUR UNDERSTANDING THAT A PORTION OF THAT TIME WOULD
BE GOING TO CLASS AND WHATEVER, MAYBE ONLINE, MAYBE IN PERSON, AND
SOME OF IT WOULD BE HOMEWORK TIME AND THAT YOU'D PATCHWORK
TOGETHER AND COME UP WITH THE 20 HOURS?
MR. CUNNINGHAM: YEAH, MY VISION FOR THIS BILL
IS REALLY SIMPLE; IT'S TO MAKE SURE THAT YOUNG PEOPLE WHO WANT TO SCALE
UP, LEVEL UP TO GO TO SCHOOL AND PREPARE THEMSELVES FOR THE NEW
WORKFORCE CAN DO SO BY USING COLLEGE CREDITS, COLLEGE HOMEWORK AND
THE OTHER THINGS DESCRIBED PREVIOUSLY TO ALLOW THEM TO DO THAT.
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NYS ASSEMBLY JUNE 10, 2025
MS. WALSH: OKAY. AND THEN ONCE THAT PERSON
TURNS 20, WHAT HAPPENS THEN IN TERMS OF THESE REQUIREMENTS? DOES IT
ONLY -- DOES IT ONLY APPLY TO 18- AND 19-YEAR-OLDS? SO IF THEY HAVE NOT
OBTAINED THEIR DEGREE BY 20, DO THEY HAVE TO JUST MEET WHATEVER OTHER
REQUIREMENTS THAT THERE ARE?
MR. CUNNINGHAM: THE BENEFIT WOULDN'T STOP AT
20.
MS. WALSH: I'M SORRY, I COULDN'T HEAR YOU.
MR. CUNNINGHAM: NO WORRIES. THE BENEFIT
WOULDN'T STOP AT 20.
MS. WALSH: IT'S A LITTLE LOUD UP THERE.
ACTING SPEAKER BUTTENSCHON: COLLEAGUES,
WE'RE ON DEBATE, PLEASE.
MS. WALSH: I APOLOGIZE. I'M SORRY, I COULDN'T HEAR
YOU.
MR. CUNNINGHAM: NOT A PROBLEM.
MS. WALSH: THANK YOU.
MR. CUNNINGHAM: IT WOULD NOT STOP AT 20. THEY
CAN CONTINUE UNTIL THEY COMPLETE THEIR COURSEWORK.
MS. WALSH: OH, OKAY. THAT'S -- THAT'S INTERESTING.
OKAY. SO -- SO HOW LONG COULD THAT GO FORWARD? I MEAN, WHAT IF IT
TAKES YOU UNTIL 24 TO GET YOUR COLLEGE DEGREE? CAN YOU JUST CONTINUE
TO JUST CARRY THIS FORWARD?
MR. CUNNINGHAM: CURRENTLY, YOUNG PEOPLE ARE
ALLOWED TO STAY ON THEIR PARENT'S HEALTH INSURANCE UNTIL 26. SO THERE
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NYS ASSEMBLY JUNE 10, 2025
ARE YOUNG PEOPLE WHO DO GO TO SCHOOL PART-TIME. THERE ARE YOUNG
PEOPLE WHO ARE TRYING TO REEMERGE BACK INTO THE WORKFORCE AND MAY
BE OLDER THAN THAT AGE. THEY MAY ENTER COLLEGE LATER. SO YES, THIS
WOULD COUNT.
MS. WALSH: OKAY. OKAY. AND THEN -- AND THEN
YOU MENTIONED THAT THERE WAS A GRADE REQUIREMENT OF A C OR BETTER,
WAS IT?
MR. CUNNINGHAM: A C OR BETTER. WE'VE HAD A
FEW PRESENTS WITH A C GRADE.
MS. WALSH: YEAH. NO, I -- I DEFINITELY HAVE KIDS, I
UNDERSTAND THAT A -- A C IS OKAY IN SOME -- FOR SOME COURSES FOR SURE.
MR. CUNNINGHAM: THE MORE THEY STUDY I THINK
THEY'LL GET A'S.
MS. WALSH: YEAH, THAT'S RIGHT. I HEAR YA. OKAY.
WELL, THANK YOU VERY MUCH FOR ANSWERING MY
QUESTIONS. I APPRECIATE IT.
AND, MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER BUTTENSCHON: ON THE BILL.
MS. WALSH: SO I THINK THAT, YOU KNOW, WHOEVER
YOU ARE IN THIS CHAMBER, WE ALL SHARE THE SIMILAR BELIEF AND THE DESIRE
THAT WE WANT TO PROMOTE SELF-SUFFICIENCY AND REDUCE DEPENDENCY ON
PUBLIC ASSISTANCE. BUT WE ALSO NEED TO GIVE AN OPPORTUNITY FOR PEOPLE
TO RECEIVE THE KIND OF TRAINING THAT THEY NEED IN ORDER TO HOPEFULLY
BECOME NOT JUST GAINFULLY EMPLOYED, BUT, YOU KNOW, WELL-EMPLOYED TO
BE ABLE TO SUPPORT THEMSELVES. SO I THINK WE ALL AGREE ON THAT.
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NYS ASSEMBLY JUNE 10, 2025
I THINK SOME MEMBERS MAY HAVE DIFFICULTY, THOUGH,
SUPPORTING THE BILL BECAUSE WE ALREADY DO QUITE A BIT TO SUPPORT 18-
AND 19-YEAR-OLDS WHO ARE IN AN EDUCATIONAL PROGRAM AND MAYBE FEEL
THAT GIVING A ONE-HOUR PER FOR ONE HOUR OF CREDIT FOR DOING -- WHAT
COULD BE UNSUPERVISED HOMEWORK THAT'S JUST BEING SELF-REPORTED, THAT IT
COULD LEAD TO -- IT'S JUST A LITTLE BIT TOO MUCH. MAYBE IT JUST TAKES WHAT
IS A GOOD IDEA AND A GOOD AIM AND MISSION MAYBE JUST A LITTLE BIT TOO
FAR. SO I -- I WOULD EXPECT THAT SOME OF OUR MEMBERS MAY FEEL THAT
WAY.
I DO THANK THE SPONSOR FOR ANSWERING THE QUESTIONS
THAT I'VE HAD AND, MADAM SPEAKER, THANK YOU SO MUCH.
(PAUSE)
ACTING SPEAKER BUTTENSCHON: MAJORITY
LEADER PEOPLES-STOKES ON THE BILL.
MRS. PEOPLES-STOKES: I WOULD LIKE TO ASK THE
SPONSOR A QUESTION.
ACTING SPEAKER BUTTENSCHON: WILL THE
SPONSOR YIELD?
MR. CUNNINGHAM: ABSOLUTELY.
MRS. PEOPLES-STOKES: THANK YOU.
CAN YOU TELL ME IF YOU KNOW OF ANY OTHER COUNTIES OR
CITIES OR EVEN STATES THAT IMPLEMENT SOME LEVEL OF TRAINING OPPORTUNITY
LIKE THIS IN ORDER TO DECREASE THEIR SOCIAL SERVICE ROLLS?
MR. CUNNINGHAM: THERE ARE ABOUT 34 STATES.
SHOULD I READ ALL 34? I'LL START WITH FLORIDA, GEORGIA, INDIANA, ALASKA,
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NYS ASSEMBLY JUNE 10, 2025
MISSISSIPPI, MISSOURI, NEW HAMPSHIRE, ARIZONA, CALIFORNIA, HAWAII,
ILLINOIS. THERE IS A VARIETY OF STATES ALL ACROSS THE STATE -- OR THE
COUNTRY FROM THE EAST TO THE WEST FROM THE SOUTH TO THE NORTH.
MRS. PEOPLES-STOKES: THANK YOU.
AND HAVE THERE HAVE BEEN ANY ANALYSIS OR DATA
COLLECTED ON THE SUCCESS OF THESE FOLKS BEING ABLE TO FREE WILL? BEING
ABLE TO DO WHATEVER IT TAKES TO GET THROUGH THE CURRICULUM THAT THEY'VE
BEEN ASSIGNED.
MR. CUNNINGHAM: ABSOLUTELY. WE KNOW THAT
THESE PROGRAMS, WHEN YOUNG PEOPLE ARE ALLOWED TO FULLY THRIVE AND
FULLY IMPLEMENT (INDISCERNIBLE) THEMSELVES IN THEIR SCHOOLWORK, THEIR
GRADES ARE INCREASED AND THEIR OUTCOMES IN TERMS OF INCOME INCREASES
DRAMATICALLY.
MRS. PEOPLES-STOKES: OKAY. AND ARE WE
AWARE OF ANY ORGANIZATION -- ANY INSTITUTIONS WITHIN THE STATE OF NEW
YORK THAT MAY BE ABLE TO OFFER THESE TYPE OF OPPORTUNITIES TO TANF
RECIPIENTS?
MR. CUNNINGHAM: I MEAN, CLEARLY OUR SUNY
AND CUNY SYSTEM WOULD BE A -- A GOOD -- BETTER (INDISCERNIBLE) FOR
THAT CONVERSATION.
MRS. PEOPLES-STOKES: OKAY. THANK YOU.
THANK YOU, SIR.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER BUTTENSCHON: ON THE BILL.
MRS. PEOPLES-STOKES: I -- I KNOW IT'S
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NYS ASSEMBLY JUNE 10, 2025
SOMETIMES CHALLENGING FOR US TO EVEN CONCEIVE THE FACT THAT WE MIGHT
HAVE TO HELP SOMEBODY IN ORDER FOR THEM TO LIVE A BETTER LIFE AND DO
BETTER IN THEIR LIFE. BUT SOMETIMES WE WILL HAVE TO HELP PEOPLE IN
ORDER FOR THEM TO BE ABLE TO DO THAT.
AND I ALSO WANT TO SAY, YOU KNOW, WE ARE LIVING AT A
TIME WHEN OUR SOCIETY IS QUICKLY BECOMING EITHER YOU'RE RICH OR YOU'RE
POOR. AND IF WE DON'T DO THE THINGS THAT WILL CONTINUE TO BUILD A
MIDDLE CLASS, OR NOT EVEN A MIDDLE CLASS, A LOWER MIDDLE CLASS, THEN WE
WILL HAVE ONE PEOPLE IN THIS SOCIETY.
IT WAS NOT THAT LONG AGO WHEN WE COULD LOOK AT TV
AND SEE PEOPLE IN LINES ACROSS AMERICA TRYING TO EAT, TRYING TO FIND
FOOD AS WE WENT THROUGH A PANDEMIC. WE DON'T KNOW IF WE'RE EVER
GONNA GO THROUGH THAT AGAIN. BUT WHAT WE DO KNOW IS WE WANT OUR
PEOPLE TO BE PREPARED TO WORK. WE WANT OUR PEOPLE TO BE PREPARED TO
WORK. THIS LEGISLATION PROVIDES THAT OPPORTUNITY. AND I HOPE THAT
PEOPLE WILL LOOK IT AT LIKE THAT AS OPPOSED TO AN OPPORTUNITY TO DENY
SOMEBODY SOMETHING, LOOK AT IT AS AN OPPORTUNITY TO DENY PEOPLE A
HAND UP.
AND I WANT TO THANK THE SPONSOR FOR INTRODUCING IT AND
I LOOK FORWARD TO VOTING IN SUPPORT OF IT.
ACTING SPEAKER BUTTENSCHON: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER BUTTENSCHON: A PARTY
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NYS ASSEMBLY JUNE 10, 2025
VOTE HAS BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL, GENERALLY SPEAKING, BE IN THE NEGATIVE ON
THIS PIECE OF LEGISLATION. BUT IF THERE ARE PEOPLE THAT WISH TO VOTE YES
THEY MAY DO SO NOW.
THANK YOU.
ACTING SPEAKER BUTTENSCHON: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. THE DEMOCRATIC CONFERENCE IS GENERALLY GONNA BE IN FAVOR
OF THIS PIECE OF LEGISLATION; HOWEVER, I -- THERE MAY BE A FEW THAT
WOULD DESIRE TO BE AN EXCEPTION, THEN THEY SHOULD FEEL FREE TO USE THEIR
RIGHT AT THEIR SEATS.
THANK YOU.
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. MEEKS TO EXPLAIN HIS VOTE.
MR. MEEKS: THANK YOU, MADAM SPEAKER, FOR AN
OPPORTUNITY TO EXPLAIN MY VOTE.
I WANT TO COMMEND THE SPONSOR ON THIS LEGISLATION. I
HAD A OPPORTUNITY TO LOOK THROUGH IT AND IT'S TRULY ABOUT
SELF-SUFFICIENCY; PROVIDING RESOURCES FOR INDIVIDUALS TO BE A BETTER
VERSION OF THEMSELVES. IT'S NOT ABOUT SUPERVISION. IT'S NOT ABOUT
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NYS ASSEMBLY JUNE 10, 2025
HAVING AN OVERSEER MINDSET. IT'S ABOUT MEETING PEOPLE WHERE THEY ARE
AND GIVING THEM A OPPORTUNITY TO THRIVE.
SO I'LL BE VOTING IN THE POSITIVE. THANK YOU.
ACTING SPEAKER BUTTENSCHON: MR. MEEKS
IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(PAUSE)
PAGE 17, RULES REPORT NO. 423, THE CLERK WILL READ.
THE CLERK: SENATE NO. S00946, RULES REPORT NO.
423, SENATOR JACKSON (A03295, PHEFFER AMATO, TAPIA, STECK). AN ACT
TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO AUTHORIZING THE REMOVAL
OF POLICE OFFICER CANDIDATES FROM AN ELIGIBLE LIST WHEN SUCH CANDIDATE
DOES NOT MEET PSYCHOLOGICAL FITNESS REQUIREMENTS OR LACKS GOOD MORAL
CHARACTER STANDARDS.
ACTING SPEAKER BUTTENSCHON: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER BUTTENSCHON: THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. PHEFFER AMATO TO EXPLAIN HER VOTE.
MS. PHEFFER AMATO: THANK YOU, MADAM
SPEAKER.
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NYS ASSEMBLY JUNE 10, 2025
THIS IS A VERY IMPORTANT BILL IN THE PROCESS OF HIRING
CANDIDATES FOR OUR POLICE FORCES. THIS BILL ALLOWS THE SHERIFF AND POLICE
CHIEFS TO REMOVE POLICE OFFICER CANDIDATES FROM THE ELIGIBLE LIST IF THEY
DO NOT MEET PSYCHOLOGICAL FITNESS REQUIREMENTS OR LACK OF GOOD MORAL
CHARACTER. IT AUTHORIZES THE REMOVAL OF POLICE OFFICER CANDIDATES FROM
THIS LIST WHERE THEY DO NOT MEET THESE -- MEET THE GUIDELINES. WE WILL
STILL BE FOLLOWING THE -- THE LIST, BUT WE TAKE OUT THAT DISQUALIFIED
CANDIDATE. I THINK THIS IS AN OPPORTUNITY TO FIND THE MOST QUALIFIED
CANDIDATE FOR A POLICE FORCE.
SO THANK YOU FOR THE OPPORTUNITY TO EXPLAIN MY VOTE.
ACTING SPEAKER BUTTENSCHON: MS. PHEFFER
AMATO IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 10, RULES REPORT NO. 292, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01529-A, RULES
REPORT NO. 292, RIVERA, BENEDETTO, BRONSON, CLARK, COLTON, CONRAD,
DE LOS SANTOS, DINOWITZ, GLICK, GONZÁLEZ-ROJAS, HEVESI, JACKSON,
JACOBSON, LUNSFORD, MCDONOUGH, MEEKS, PEOPLES-STOKES, REYES,
ROSENTHAL, SEAWRIGHT, SEPTIMO, SIMON, STECK, TAYLOR, STIRPE, STERN,
WALKER, KELLES, BURDICK, SANTABARBARA, SHIMSKY, ZINERMAN,
CUNNINGHAM, FORREST, LEVENBERG, EPSTEIN, GALLAGHER, OTIS. AN ACT TO
AMEND THE REAL PROPERTY LAW, IN RELATION TO REQUIRING THE DISCLOSURE OF
LEAD-BASED PAINT TEST REPORTS IN REAL ESTATE TRANSACTIONS.
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NYS ASSEMBLY JUNE 10, 2025
ACTING SPEAKER BUTTENSCHON: AN
EXPLANATION HAS BEEN REQUESTED.
MR. RIVERA.
MR. RIVERA: THANK YOU.
BEFORE US IS A BILL THAT WE'VE PASSED ON A FEW
OCCASIONS IN THIS HOUSE IN MY SHORT TENURE HERE IN THE ASSEMBLY. IT
LOOKS TO PROVIDE INCOMING HOMEOWNERS WITH A COMPLETE SET OF
INFORMATION AROUND LEAD SAFETY OF THEIR HOMES. AND I'M HERE FOR ANY
QUESTIONS.
ACTING SPEAKER BUTTENSCHON: MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER.
BEFORE I ASK THE SPONSOR TO YIELD FOR SOME QUESTIONS,
I'M WONDERING IF WE CAN GET A LITTLE BIT OF QUIET HERE SO I CAN REALLY
HEAR THE -- THE SPONSOR.
SERGEANT-AT-ARMS: QUIET, PLEASE.
MS. WALSH: THANK YOU SO MUCH.
WOULD -- WOULD THE SPONSOR PLEASE YIELD FOR SOME
QUESTIONS?
ACTING SPEAKER BUTTENSCHON: WILL THE
SPONSOR YIELD?
MR. RIVERA: YES.
MS. WALSH: THANK YOU VERY MUCH. AND SINCE YOU
ARE SO FAR AWAY AND YOU -- YOU'RE A LITTLE SOFT-SPOKEN AND MAYBE I'M A
LITTLE HARD OF HEARING, I HOPE THAT -- I REALLY DO WANT TO HEAR WHAT YOU
HAVE TO SAY ON THIS BILL.
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NYS ASSEMBLY JUNE 10, 2025
MR. RIVERA: SURE.
MS. WALSH: I -- I WANTED TO ASK YOU FIRST BECAUSE I
-- I HAD A QUESTION ABOUT IT. WHICH -- WHICH PROPERTIES, WHICH HOMES
THE AGE OF WHICH ARE COVERED UNDER THIS PARTICULAR PIECE OF LEGISLATION?
MR. RIVERA: SURE. SO IT DEFINES REAL ESTATE
PURCHASED AFTER 1970 -- I'M SORRY, REAL -- REAL ESTATE THAT HAS BEEN
CONSTRUCTED AFTER 1972.
MS. WALSH: IT WAS CONSTRUCTED AFTER 1972?
MR. RIVERA: YES.
MS. WALSH: OKAY. SO IF YOU HAVE A HOME FROM --
MR. RIVERA: I'M SORRY. FORGIVE ME, IT'S 1978.
FORGIVE ME, I MISSPOKE.
MS. WALSH: 1978. OKAY. SO IF I HAD A HOME FROM
1840, WHICH I USED TO OWN, IS THAT COVERED UNDER THIS LEGISLATION?
MR. RIVERA: IT WOULD BE A PIECE OF PROPERTY THAT
WOULD HAVE TO BE INSPECTED, YES.
MS. WALSH: THAT WOULD HAVE BEEN INSPECTED?
MR. RIVERA: THAT -- THAT WOULD NEED TO BE
INSPECTED.
MS. WALSH: THAT WOULD NEED TO BE INSPECTED.
OKAY.
WHAT ABOUT A HOME THAT'S FROM 1990? DOES THAT
HOME NEED TO BE INSPECTED?
MR. RIVERA: NO, BECAUSE IT'S AFTER 1978.
MS. WALSH: BECAUSE IT'S -- OKAY. I JUST WANTED TO
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NYS ASSEMBLY JUNE 10, 2025
BE CLEAR ABOUT THAT. IF -- IF IT'S CONSTRUCTED AFTER 1978 IT IS NOT COVERED
BY THIS LEGISLATION.
MR. RIVERA: YEP.
MS. WALSH: OKAY.
NOW IF YOU DON'T MIND AND JUST INDULGE ME, COULD YOU
JUST POINT ME TO WHERE IN THE BILL IT SPECIFICALLY SAYS THAT? I WOULD
REALLY APPRECIATE THAT BECAUSE I'M HAVING A LITTLE HARD TIME FINDING IT.
MR. RIVERA: ARTICLE 16, LINE 7. IT MIGHT BE A
DIFFERENT PAGE NUMBER FOR ME, BUT THAT'S WHERE I HAVE IT.
MS. WALSH: YEAH. SO THAT'S ALL LIKE THE -- IT'S LIKE
ALMOST LIKE A PREAMBLE WHERE YOU HAVE LEGISLATIVE FINDINGS AND, YOU
KNOW, IT GOES -- AND THEN I SAW THE ACTUAL BILL TEXT STARTING ON PAGE 3
WHERE YOU INSERT A NEW ARTICLE 17.
MR. RIVERA: SURE.
MS. WALSH: SO I'M JUST TRYING TO PUT THAT ALL
TOGETHER.
MR. RIVERA: WELL, THIS IS THE SECTION OF THE BILL
THAT SPEAKS TO THE DEFINITIONS. THE DEFINITION OF A -- RESIDENTIAL REAL
PROPERTY SHALL MEAN REAL PROPERTY IMPROVED BY A RESIDENTIAL DWELLING
ERECTED PRIOR TO THE YEAR 1978.
MS. WALSH: PRIOR TO 1978. OKAY. SO AND -- THAT'S
VERY HELPFUL TO KNOW.
MR. RIVERA: SURE.
MS. WALSH: OKAY. BECAUSE WHAT I DIDN'T WANT TO
HAVE HAPPEN IS SOMEBODY THAT'S GOT SOMETHING THAT'S RELATIVELY NEW
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NYS ASSEMBLY JUNE 10, 2025
CONSTRUCTION --
MR. RIVERA: SURE.
MS. WALSH: -- WE DON'T USE LEAD PAINT ANYMORE
AND IT'S BEEN BANNED -- WOULD HAVE TO GO THROUGH THE PROCESS OF BEING
TESTED AND CERTIFIED AND EVERYTHING. SO I'M GRATEFUL THAT THAT'S THE CASE.
THANK YOU FOR THAT CLARIFICATION.
WHAT IS THE, WOULD YOU SAY, IS THE AVERAGE COST OF
DOING A LEAD PAINT TEST IN -- IN A HOME?
MR. RIVERA: SURE. SO IN THE PROCESS OF PREPARING
FOR THE BILL, I MET WITH MULTIPLE FOLKS THAT ARE IN THE INDUSTRY OF LEAD
REMEDIATION AND LEAD INSPECTION, AND EVEN MET WITH A COMPANY IN MY
NECK OF THE WOODS, CONVENIENTLY, THAT NOT ONLY DOES LEAD INSPECTION
BUT ACTUALLY TRAINS PEOPLE AND CERTIFIES COMPANIES TO LEAD INSPECTIONS.
THEY RANGE -- YOU KNOW, THE COST OF A LEAD INSPECTION REALLY IS DONE
USUALLY WITHIN AN HOUR TO TWO HOURS. NOWADAYS LEAD INSPECTIONS ARE
DONE WITH WHAT'S ESSENTIALLY -- WHAT LOOKS SIMILAR TO WHAT WE WOULD
USE -- WOULD USE FOR, LIKE, A THERMOMETER GUN TO DETERMINE, LIKE, A
TEMPERATURE. BUT THAT -- THAT GUN, WE'LL CALL IT, IS DIRECTED AT A SURFACE,
LET IT BE A WINDOWSILL OR A WALL, AND VERY QUICKLY THEY COULD DETERMINE
WHAT THE LEAD RATE LEVEL IS ON THEIR DIGITAL READING. SO THAT PROCESS CAN
BE DONE QUITE QUICKLY. THE AVERAGE COST OF IT IS LESS THAN $500.
MS. WALSH: OKAY. THAT'S SO INTERESTING THAT THEY
HAVE A DEVICE. I'M GLAD BECAUSE MY UNDERSTANDING WITH LEAD PAINT,
HAVING OWNED OLDER HOMES IN -- IN MY LIFE, IS THAT AS LONG AS IT'S NOT
PEELING OR CHIPPING, YOU KNOW, IF IT'S -- I WOULD -- I WOULDN'T WANT
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NYS ASSEMBLY JUNE 10, 2025
THEM TO BE TESTING IT BY POTENTIALLY TAKING CHIPS AND THEN TESTING THEM
OR ANYTHING LIKE THAT. WE WANT TO JUST LEAVE IT RIGHT WHERE IT IS --
MR. RIVERA: CORRECT.
MS. WALSH: -- LEAVE THE PAINT RIGHT WHERE IT IS,
HOPEFULLY NOT CHIPPING OR PEELING OR ANYTHING AND JUST USE A DEVICE TO
TEST WHETHER IT'S GOT ANY LEAD CONTENT IN IT. SO THAT'S -- THAT'S ALSO GOOD
TO KNOW. OKAY.
HOW MANY -- IS IT PROJECTED HOW MANY PROPERTIES ARE
TRANSFERRED EACH YEAR WHICH WOULD BE SUBJECT TO NEEDING THIS TYPE OF
TESTING?
MR. RIVERA: IT WOULD BE DIFFICULT TO MAKE THAT
KIND OF NUMBER BECAUSE THE HOUSING MARKET IS SO UP AND DOWN AND IT'S
OFTEN REGIONALLY SPECIFIC WHERE IN CERTAIN REGIONS THE HOUSING MARKET
COULD BE PICKING UP AND OTHER REGIONS LESS. AND IT'S ALSO A MATTER OF,
YOU KNOW, AS YEARS AGO ON THIS IS GONNA BE NEEDED LESS -- NEEDED LESS
AND LESS BECAUSE AS MORE UNITS COME ON THE MARKET, EVERY NEW UNIT
WILL NEVER HAVE TO BE TESTED BECAUSE IT WOULD BE BUILT AFTER 1978. AND
ONCE A BUILDING OR -- OR A RESIDENCE IS -- IS, YOU KNOW, REVIEWED ONCE,
IT DOESN'T HAVE TO BE REVIEWED AGAIN. SO, YOU KNOW, OVER TIME THE
NUMBERS WILL DWINDLE. AND, YOU KNOW, THAT BEING SAID, THERE'S A
REASON WHY WE HAVE THIS CONCERN AROUND LEAD PAINT. NEW YORK STATE
HAS THE OLDEST HOUSING STOCK IN THE COUNTRY. I LIVE IN -- IN THE CITY OF
BUFFALO, WHICH HAS THE OLDEST -- THE CITY WITH THE OLDEST HOUSING STOCK
IN THE COUNTRY. AND IT'S AN EPIDEMIC THAT -- THAT WE SEE NOT JUST IN
UPSTATE NEW YORK, BUT IN THE CITY AS WELL, AND ITS -- ITS DAMAGE,
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NYS ASSEMBLY JUNE 10, 2025
ESPECIALLY ON CHILDREN, IS PERMANENT. SO WE FEEL LIKE IT'S -- IT'S
SOMETHING WE HAVE TO TACKLE NOW. AND THE WAY THAT WE DO IT, WE
BELIEVE, IS THERE'S NO SILVER BULLET, BUT ONE OF THE IDEAS WE HAVE TO
PURSUE IS MAKING SURE THAT WHEN PEOPLE PURCHASE A HOME THAT THEY'RE
MADE AS AWARE AS THEY CAN BE ON THE SAFETY HAZARDS THAT THEY COULD BE
LIVING IN.
MS. WALSH: OKAY.
NOW YOU MENTIONED, AND OF COURSE I KNOW, ABOUT THE
-- THE IMPACT OF LEAD POISONING AND EXPOSURE TO -- TO CHILDREN. THAT'S
-- THAT'S OBVIOUSLY A VERY BIG CONCERN. DOES THE -- DOES YOUR BILL MAKE
ANY ADJUSTMENTS FOR HOMES THAT ARE NOT GOING TO BE HOME TO -- TO
CHILDREN THAT WOULD BE POTENTIALLY EXPOSED TO IT, OR IT'S JUST A BLANKET
REQUIREMENT BASED ON JUST SIMPLY THE AGE OF THE PROPERTY?
MR. RIVERA: IT'S BASED ON THE AGE OF THE PROPERTY
REGARDLESS OF THE AGE OF THE OWNERS OR TENANTS.
MS. WALSH: OKAY.
NOW I DID SEE THAT THERE WERE SOME EXEMPTIONS IN THE
BILL. THERE'S SOME PROPERTIES THAT DON'T REQUIRE THIS TESTING TO OCCUR.
COULD YOU JUST RUN THROUGH THOSE QUICKLY AND JUST INDICATE, YOU KNOW,
WHO'S BEING EXEMPTED AND MAYBE A LITTLE BIT ABOUT WHY?
MR. RIVERA: SURE. SURE.
MS. WALSH: THANK YOU.
MR. RIVERA: IT'S -- IT'S PRETTY LENGTHY THERE. IN
SECTION 2 IT LAYS OUT WHAT'S IN OR WHAT'S OUT. BUT, YOU KNOW, IT -- IT --
THE KEY THING TO REMEMBER IS THAT IT'S -- IT'S A SALE OF A PROPERTY
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NYS ASSEMBLY JUNE 10, 2025
BETWEEN TWO PEOPLE. SO I GUESS THE OTHER THING I'D -- I'D ALSO PREFACE IS
THAT THIS BILL DOESN'T SPEAK TO ENCAPSULATION -- WELL, IT DOESN'T SPEAK TO
ENCAPSULATION OR REMEDIATION. SO THE BURDEN OF THE -- THAT EXPENSE
ISN'T NECESSARILY PUT ON ANYBODY IN THIS BILL. WHAT IT DOES IS IT MAKES IT
SO THAT THE INCOMING OWNER WOULD BE ABLE TO HAVE A FULL SET OF
INFORMATION IN FRONT OF THEM WHEN THEY WERE GONNA PURSUE THE -- THE --
THE PURCHASE OF A HOME. SO, I MEAN, THAT JUST GOES TO THE -- THE COST
POINT YOU MADE EARLIER. BUT, YOU KNOW, THERE'S A LIST OF EXEMPTIONS
THERE AND, YOU KNOW, WHAT'S IN OR WHAT'S OUT. BUT IT -- IT -- IT'S -- IT
MORE OR LESS IS IF YOU -- IF YOU LIVE IN A SINGLE-FAMILY HOME -- THERE'S AN
ACCOMMODATION IN THERE FOR MULTI-UNIT, BUT THAT'S -- THAT'S NOT GONNA
BE, YOU KNOW, TOO INTRUSIVE. IT'S -- IF YOU LIVE IN A SINGLE-FAMILY HOME
AND LOOKING TO TURN IT OVER OR SELL IT IN A NORMAL TRANSACTION BETWEEN
TWO PEOPLE, YOU KNOW, THAT'S WHERE IT WOULD FALL.
MS. WALSH: WOULD YOU SAY THAT THE EXEMPTIONS
KIND OF CENTER AROUND MORE, I WOULD CALL THEM MAYBE MORE, LIKE, CLOSE
TRANSACTIONS BETWEEN PEOPLE WHO ARE MORE FAMILIAR WITH EACH OTHER
WHO MIGHT ALREADY HAVE SOME KNOWLEDGE, WHERE YOUR BILL WOULD --
WOULD APPLY MORE IN TRANSACTIONS WHERE YOU HAVE, I WOULD SAY, TWO
STRANGERS DEALING WITH EACH OTHER, OR AM I BEING OVERLY SIMPLISTIC WITH
THAT?
MR. RIVERA: NO. I MEAN, FOR EXAMPLE, YOU KNOW,
A CERTIFICATE THAT SUCH PROPERTY HAS BEEN TESTED FOR LEAD IS NOT GONNA BE
NEEDED -- SHOULD NOT BE REQUIRED IN THE CASE OF A TRANSFER TO A
BENEFICIARY OR A DEED OR A TRUST, BECAUSE THOSE AREN'T REALLY TWO PEOPLE
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NYS ASSEMBLY JUNE 10, 2025
THAT ARE SELLING A PROPERTY IF IT'S INVOLVING THAT. A TRANSFER DONE BY A
COUNTY SHERIFF. SOMETIMES IF -- IF IT'S IN OBSCURE SITUATIONS WHERE A
LOCAL GOVERNMENT TRANSFERS A PROPERTY, THAT WOULDN'T -- THAT WOULDN'T BE
THE CASE. IT'S REALLY MEANT FOR TRANSACTIONS BETWEEN TWO INDIVIDUALS.
MS. WALSH: VERY GOOD.
HOW DOES THIS BILL LINE UP AGAINST ANY FEDERAL
REQUIREMENTS THAT ARE OUT THERE AS FAR AS LEAD PAINT TESTING?
MR. RIVERA: SURE. SURE. SO IN THE EARLY '90S THE
FEDERAL GOVERNMENT, STARTING WITH THE CONGRESS, PASSED A -- A BILL THAT
ESSENTIALLY MADE IT SO THAT EVERYBODY HAD ESSENTIALLY A RIGHT TO KNOW
WHERE LEAD WAS IN THEIR HOMES. WHAT'S THAT -- WHAT THAT'S TURNED INTO
WAS NEVER REALLY THE FULL ACHIEVEMENT OF THE INTENTION OF WHAT THOSE
CONGRESS PEOPLE MEANT TO DO. WHAT IT'S TURNED INTO TODAY IS IF YOU'RE
GONNA BUY A HOME -- OR I SHOULD START FROM THE SELLER. IF YOU'RE GONNA
SELL A HOME, THERE'S A ONE-PAGE FORM THAT WE ALL SIGN THAT ESSENTIALLY
SAYS, TO THE BEST OF MY KNOWLEDGE THERE'S NO LEAD IN MY HOUSE. AND
THAT'S ESSENTIALLY A ONE-SHEET PIECE OF PAPER IN A STACK OF DOCUMENTS
THAT IF YOU'VE EVER CLOSED ON A HOUSE COULD BE QUITE A LOT, AND IT OFTEN
GETS LOST IN THE SHUFFLE. AND TRUTHFULLY, WHEN IT'S -- MOST -- MOST OF THE
TIME WHEN IT'S USED, A PERSON IS ESSENTIALLY WITHOUT ANY PROACTIVE
UNDERSTANDING OR PURSUIT OF INFORMATION. THEY'RE ESSENTIALLY JUST
SAYING, TO THE BEST OF MY KNOWLEDGE THERE'S NO LEAD IN THIS HOUSE,
SIGNED, DONE. AND WHAT HAPPENS IS THEN THAT -- THAT SAME HOUSE
TRANSFERS TO ANOTHER PERSON, AND THAT PERSON, EVENTUALLY WHEN THEY SELL
IT THEY SIGN A VERY SIMILAR FORM. AND WHAT IT DOESN'T DO IS IT DOESN'T
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NYS ASSEMBLY JUNE 10, 2025
ADDRESS WHETHER IT, IN FACT, HAS LEAD. IT ONLY RELIEVES THE SELLER OF ANY
SORT OF, I DON'T WANT TO SAY LIABILITY, BUT ANY ASSUMPTION THAT THERE
MIGHT BE LEAD SOMEWHERE. THEY'RE JUST ESSENTIALLY SAYING, TO THE BEST
OF MY KNOWLEDGE THERE'S NO LEAD HERE. BUT THE TRUTH IS, IF A HOUSE WAS
BUILT BEFORE A CERTAIN YEAR, AND ESPECIALLY IF IT'S IN A CERTAIN PART OF THE
-- THE WORLD, THERE'S A HIGH PROBABILITY THAT THERE'S LEAD. BUT A FAMILY
THAT'S COMING IN AND BUYING THEIR -- POTENTIALLY THEIR FIRST HOME AND
STARTING A FAMILY, THEY DON'T REALIZE THAT THEY'RE EXPOSING THEIR CHILDREN
TO LEAD, POTENTIALLY. AND IT'S JUST A CYCLE. SO WE'VE STOPPED MAKING
LEAD PAINT IN THIS COUNTRY IN THE '70S, BUT STILL WE HAVE CASES ALL OVER
THE COUNTRY AND ESPECIALLY HERE IN NEW YORK WHERE OUR CHILDREN ARE
BEING POISONED BY LEAD. IT'S BECAUSE WE TRANSFER THESE PROPERTIES
WITHOUT THE FULL UNDERSTANDING OR DISCLOSURE OF WHERE LEAD COULD BE.
MS. WALSH: AND I APPRECIATE YOUR ANSWERS TO THAT.
I THINK -- I'M FAMILIAR -- I'VE DONE A FEW REAL ESTATE TRANSACTIONS AND I
AM FAMILIAR WITH THAT ONE-PAGE DOCUMENT THAT YOU'RE TALKING ABOUT.
THERE'S ALSO, AND THIS IS A MORE RECENT THING, IS THE WHOLE PROPERTY
DISCLOSURE -- PROPERTY CONDITION DISCLOSURE STATEMENT, OR PCDS, WHICH
CONTAINS KNOWN DEFECTS REGARDING THE PROPERTY THAT'S FOR SALE. THAT, AS
I RECALL FROM TRANSACTIONS THAT I'VE DONE, THAT'S A PRETTY LENGTHY
DOCUMENT. THAT GOES INTO A WHOLE BUNCH OF DIFFERENT THINGS THAT
YOU'RE DISCLOSING TO THE SELLER'S BEST KNOWLEDGE, INCLUDING THE AGE OF
THE HOUSE, WHICH SHOULD BE PRETTY -- YOU KNOW, PRETTY WELL-KNOWN
EVEN IN THE -- IN THE LISTING FOR A HOME OR ANYBODY THAT'S REALLY LOOKING
AT A HOME YOU CAN KIND OF TELL IF IT'S -- IF IT LOOKS LIKE IT'S SOMETHING
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FROM THE PRE-1970S KIND OF PERIOD. BUT IF -- IF YOU DON'T, I MEAN, THAT
PROPERTY CONDITION DISCLOSURE STATEMENT IS GONNA ALERT THE BUYER TO THE
-- AT LEAST THE AGE OF THE HOME. AND IF THEY'RE REPRESENTED CERTAINLY BY
A REAL ESTATE AGENT, THE REAL ESTATE AGENT WILL BE, I WOULD THINK, IF
THEY'RE DOING THEIR JOB AND THEY DO A GREAT JOB, YOU KNOW, ENCOURAGING
PEOPLE TO INVESTIGATE IF IT'S AN OLDER HOME, WHETHER THERE IS A PRESENCE
OF LEAD. SO HOW DO YOU REALLY -- I MEAN, IF WE'VE ALREADY GOT THE
PROPERTY -- ARE YOU SAYING THAT YOU DON'T THINK THAT THE PROPERTY
CONDITION DISCLOSURE STATEMENT ADEQUATELY RAISES THE AWARENESS OF A
POTENTIAL PURCHASER TO THE POSSIBLE PRESENCE OF LEAD?
MR. RIVERA: I DON'T. I THINK ALL THAT DOES IS
SATISFIES THE SELLER'S -- IT ESSENTIALLY GIVES THE SELLERS CLEAN HANDS WHEN
THEY TRANSFER THE PROPERTY. IN REALITY, IT COULD BE A SCENARIO WHERE A
PERSON WHO IS SELLING A PROPERTY AND THEY ARE FULLY UNAWARE THAT THERE'S
LEAD IN THEIR HOME, AND WHETHER THEY'RE AWARE OR UNAWARE DOESN'T
CHANGE THE FACT THAT THE INCOMING OWNER IS JUST AS UNAWARE. SO WHAT
ARE WE DOING TO PROACTIVELY MAKE IT SO THAT THE INCOMING FAMILY OR
PERSON BUYING A HOME HAS THE FULL KNOWLEDGE OF IT? YOU KNOW,
NOWADAYS WE DO RADON TESTING, WE DO FULL INSPECTIONS, WE DO
APPRAISALS. THE -- THE TIME IT WOULD TAKE TO DO A LEAD INSPECTION OF A
HOME, LIKE I SAID, AVERAGES ABOUT TWO HOURS, THREE HOURS. AND THE -- I
DON'T HAVE TO TELL ANYBODY HERE THAT'S BOUGHT A HOUSE, THE LENGTH OF
TIME IT COULD TAKE TO BUY A HOUSE FROM THE FIRST TIME YOU DO YOUR FIRST
WALK-THROUGH TO THE ACTUAL CLOSING, OFTEN IT'S MONTHS. SO THIS IS NOT A
MATTER OF IT TAKING TOO MUCH TIME, AND -- AND CERTAINLY NOT A MATTER OF
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THE COST. SO WHY WOULD WE NOT MAKE EVERY BEST EFFORT POSSIBLE TO
MAKE SURE THAT THE HOMES THAT WE ARE BRINGING OUR FAMILIES INTO ARE
SAFE AS THEY CAN BE?
MS. WALSH: I CAN UNDERSTAND YOUR POINT. AND ONE
OTHER THING I WOULD JUST ADD TO THAT IS THAT A LOT OF -- IN THIS HOUSING
MARKET RIGHT NOW, IT'S -- FROM WHAT I'VE HEARD FROM KIDS OF MINE THAT
ARE LOOKING TO PURCHASE THEIR FIRST HOME, THERE'S A -- THERE ARE A LOT OF
PEOPLE, EVEN ON OLDER HOMES, THAT ARE WAIVING INSPECTIONS TO -- TO
MAKE A MORE ATTRACTIVE OFFER, WHICH I -- THIS IS MY EDITORIAL COMMENT
-- BUT I THINK THAT THAT'S JUST INSANE. I THINK ESPECIALLY WITH A HOUSE
THAT'S GOT SOME AGE TO IT, THEY REALLY OUGHT TO BE DOING INSPECTIONS.
BUT THAT'S -- THAT'S JUST MY EDITORIAL COMMENT ON THAT.
MR. RIVERA: I'D AGREE WITH YOU.
MS. WALSH: A QUESTION FOR YOU, I GUESS, IS IF YOU
-- LET'S SAY YOU'VE GOT A HOME AND IT MEETS THE -- THE CRITERIA THAT YOU'VE
SAID OF A CERTAIN AGE AND IT NEEDS TO BE TESTED AND IT IS TESTED AND THEN
THE PROPERTY IS TRANSFERRED, AND THEN FIVE YEARS LATER THOSE OWNERS WANT
TO THEN SELL. DOES THE PROPERTY HAVE TO GET RETESTED AT THAT POINT?
MR. RIVERA: NOPE. ANY PROPERTY ONLY HAS TO BE
CERTIFIED ONCE.
MS. WALSH: OKAY. I THOUGHT YOU HAD SAID THAT.
MR. RIVERA: YEAH. IF THE HOUSE IS SOLD IN A COUPLE
YEARS OR TRANSFERRED IN SOME WAY THEN, YEAH, NO. IT -- IT -- THE RECORD OF
THAT INSPECTION IS KEPT BOTH WITH THE LOCAL COUNTY HEALTH DEPARTMENT,
BUT THEN ALSO COULD BE ATTACHED TO THE PROPERTY IN ITSELF IN WHATEVER
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WAY THEY MAKE IT SO.
MS. WALSH: OKAY. I THINK YOU'VE ANSWERED ALL OF
MY QUESTIONS, AND I APPRECIATE THAT.
MR. RIVERA: SURE.
MS. WALSH: MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER BUTTENSCHON: ON THE BILL.
MS. WALSH: THANK YOU.
SO, I -- I DO APPRECIATE THE OPPORTUNITY TO DISCUSS THIS
BILL WHICH WE HAVE TALKED ABOUT BEFORE. FUNDAMENTALLY, I WOULD JUST
POINT OUT THAT THE QUESTION OF WHAT PROPERTIES THIS REQUIREMENT WOULD
APPLY TO IS NOT AS CLEARCUT AS I BELIEVE CAME OUT IN THE DEBATE. AND --
AND THE REASON IS THAT FOR THOSE -- YOU KNOW, FOR THOSE OF US WHO ARE
READING -- YOU KNOW, READING THE BILLS, THE BILL STARTS OUT WITH SORT OF,
LIKE, PREAMBLE LANGUAGE AND LEGISLATIVE INTENT LANGUAGE. AND THAT'S THE
PART THAT THE SPONSOR REFERRED TO, TALKING ABOUT A RESIDENTIAL PROPERTY
BUILT PRIOR TO 1978. BUT IF YOU ACTUALLY READ THE UNDERLINED PORTION OF
THE BILL THAT WE ARE DEBATING TODAY, THERE IS NO, THAT I -- THAT I SAW, I
DON'T BELIEVE IT IS THERE AND IT'S NOT MY READING -- THAT IT ONLY APPLIES TO
HOMES THAT ARE -- THAT HAVE BEEN CONSTRUCTED PRIOR TO 1978. I BELIEVE
IT'S '78 OR '74. IT -- IT JUST DOESN'T SAY THAT IN -- IN THAT PART OF THE
LANGUAGE. SO I DON'T KNOW IF THAT NEEDS TO GET CLEANED UP IN SOME KIND
OF A CHAPTER AMENDMENT. I MEAN, I WOULD ENCOURAGE THAT BECAUSE MY
-- I MEAN, MY READING, AND I DID READ IT, JUST DOESN'T SAY THAT IT IS SO
LIMITED.
I DO THINK THAT NONE OF US HERE WANT TO SEE ANY
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NYS ASSEMBLY JUNE 10, 2025
CHILDREN, ELDERLY, ANYBODY HARMED BY LEAD PAINT. AND WHEN TWO
PARTIES COME TOGETHER FOR A TRANSACTION LIKE A REAL ESTATE TRANSACTION --
WHICH IS IN MANY INSTANCES ONE OF THE MOST EXPENSIVE THINGS THAT THE
AVERAGE FAMILY WILL DO IS TO PURCHASE A HOME -- I'M VERY TROUBLED BY
PEOPLE WHO ARE JUST -- REALLY JUST WAIVING INSPECTIONS. IF THEY HAVE ANY
-- IF THEY'RE REPRESENTED BY ATTORNEYS, AND THEY OUGHT TO BE, THOSE
ATTORNEYS, THOSE REAL ESTATE AGENTS THAT ARE REPRESENTING THEM OUGHT TO
BE REALLY ENCOURAGING ANYBODY WHO IS PURCHASING A HOME THAT'S --
THAT'S OLDER, AN OLDER HOME, TO BE NOT WAIVING INSPECTIONS AND DOING
THESE INSPECTIONS. BECAUSE AS THE SPONSOR SAID, THEY'RE -- YOU KNOW,
THEY'RE AROUND MAYBE 500 BUCKS, BUT FOR A PROPERTY THAT -- WE KNOW
WHAT PROPERTY PRICES ARE LOOKING LIKE THESE DAYS, IT'S SUCH A HUGE
INVESTMENT, TO ME, THAT IT IS PENNY-WISE, POUND-FOOLISH TO NOT TAKE A
LOOK AT WHETHER A PROPERTY CONTAINS LEAD.
I DO THINK THAT WE DO HAVE A PROPERTY CONDITION
DISCLOSURE STATEMENT, AND IT NEEDS TO GET FILLED OUT. IF IT DOESN'T GET
FILLED OUT THEN THAT'S CHARGEABLE AGAINST THE SELLER OF THE PROPERTY. BUT
I THINK, YOU KNOW, THERE -- THERE IS AN IDEA OF CAVEAT EMPTOR. THERE IS
AN IDEA THAT PEOPLE NEED TO COME INTO A REAL ESTATE TRANSACTION WITH
GOOD ADVICE FROM PEOPLE THAT THEY'VE RETAINED, WHETHER IT'S A REAL
ESTATE AGENT, AND HOPEFULLY THEY HAVE A REAL ESTATE AGENT. HOPEFULLY
THEY'RE REPRESENTED BY AN ATTORNEY. IF THEY'RE GOING IT ALONE, THEY OUGHT
TO BE SMART ENOUGH TO BREAK OUT THE GOOGLE AND FIGURE OUT THAT IF THE
PROPERTY'S OLDER IT COULD VERY WELL CONTAIN LEAD PAINT. PARTICULARLY IN
THE NORTHEAST BECAUSE WE HAVE DO HAVE SUCH OLDER HOUSING STOCK.
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SO I -- I DON'T KNOW. I THINK THAT THERE ARE SOME
PEOPLE WHO WILL SUPPORT THIS BILL AS -- AS A WAY TO ENSURE THAT THESE
PROPERTIES HAVE BEEN ALL TESTED. SOME MAY FIND THAT IT IS MORE OF AN
ONEROUS BURDEN AND THAT PEOPLE WHO ARE COMING INTO WHAT IS A VERY
EXPENSIVE TRANSACTION OUGHT TO HAVE THE -- THE SMARTS AND THE ADVICE TO
DO THIS TESTING ON THEIR OWN. AND CERTAINLY IT'S NOT -- IT -- IT'S -- IT'S A --
IT'S A WISE CHOICE TO HAVE A PLACE THAT IS TESTED FOR LEAD BEFOREHAND
BEFORE YOU MAKE SUCH A MAJOR PURCHASE.
SO THERE WILL BE, I -- I WOULD EXPECT, A -- VOTES ON
BOTH SIDES OF THIS. AND I DO APPRECIATE THE SPONSOR FOR TAKING ON THE
QUESTIONS THAT I'VE ASKED, AND I'LL SAY THANK YOU, MADAM SPEAKER.
THANK YOU.
ACTING SPEAKER BUTTENSCHON: THANK YOU.
MR. DURSO.
MR. DURSO: THANK YOU, MADAM SPEAKER. WOULD
THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER BUTTENSCHON: WILL THE
SPONSOR YIELD?
MR. RIVERA: YES.
MR. DURSO: THANK YOU, MR. RIVERA.
SO JUST TO CLEAN UP ON A COUPLE OF THINGS THAT MY
COLLEAGUE WAS ASKING. YOU DID STATE IF THE HOUSE WAS BUILT TO 19 --
FROM 1978 AND PRIOR, IT WOULD HAVE TO BE INSPECTED FOR LEAD PAINT,
CORRECT?
MR. RIVERA: CORRECT.
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MR. DURSO: OKAY. AND WHEN DID THEY OUTLAW THE
USE OF LEAD PAINT?
MR. RIVERA: 1976, I BELIEVE.
MR. DURSO: I -- I HAVE IT AS '78, BUT --
MR. RIVERA: I'M SURE YOU'RE RIGHT.
MR. DURSO: DON'T SAY YOU'RE SURE I'M RIGHT.
MR. RIVERA: YOU'D NEVER STEER ME WRONG.
MR. DURSO: I -- I WOULD TRY NOT TO. OKAY. SO NOW,
THAT'S FOR THE CONSTRUCTION OF THE HOME, CORRECT? SO WHEN THE HOME
WAS ORIGINALLY BUILT.
MR. RIVERA: CORRECT.
MR. DURSO: SO WHAT IF I HAD A SMALL CAPE HOME ON
LONG ISLAND, THREE BEDS, ONE BATH, ONE FLOOR, AND I DID AN EXTENSION OR
A SECOND FLOOR IN 1981, RIGHT? SO IS THE SECOND FLOOR PORTION OF IT -- OR
LET'S SAY THE HOUSE WAS BUILT IN '79 AND THEN -- EITHER WAY, WHATEVER
YOU WANT, IF THERE'S AN EXTENSION TO THE HOME, IS IT THE ORIGINAL
STRUCTURE THAT IS WHAT'S COUNTING AS THE YEAR? BECAUSE AGAIN, I COULD
HAVE BUILT IT IN 1979 AND COVERED THE WHOLE HOUSE IN LEAD PAINT. YOU
KNOW, THE -- THE WHOLE HOUSE COULD BE DIFFERENT. IT'S THE SECOND FLOOR,
AN EXTENSION, A GARAGE OR THIS OR THAT.
MR. RIVERA: WELL, IT'S -- IT'S DEFINED AS THE HOUSE
BEING BUILT AFTER 1978. SO IF IT WAS BUILT IN 1980 THEN IT DOESN'T.
MR. DURSO: CORRECT. BUT --
MR. RIVERA: IF YOU (INDISCERNIBLE) -- IF YOU BOUGHT
A HOUSE THAT -- IF YOU WERE SELLING A HOUSE THAT WAS BUILT IN 1950 --
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MR. DURSO: RIGHT.
MR. RIVERA: -- AND YOU BUILT A SECOND FLOOR TO IT,
LET'S SAY, WHEN YOU'RE SELLING THE HOUSE YOU'RE NOT JUST SELLING THE
SECOND FLOOR SO YOU'D HAVE TO INSPECT THE WHOLE HOUSE.
MR. DURSO: AGREED.
MR. RIVERA: SO IF IT WAS BUILT BEFORE 1978, THEN
YES, IT WOULD BE -- IT WOULD HAVE TO BE TESTED.
MR. DURSO: OKAY. SO WITH THAT BEING SAID, YOU --
YOU HAD ACTUALLY ANSWERED THE ONE QUESTION THAT I DID HAVE, AND I
THANK MY COLLEAGUE FOR ASKING IT. YOU DID SAY ONCE THERE'S AN
INSPECTION DONE ON THE HOUSE ONE TIME FOR LEAD PAINT, THE NEXT SELLER OR
THE NEXT PERSON DOES NOT HAVE TO GO THROUGH THAT AGAIN, CORRECT?
MR. RIVERA: CORRECT.
MR. DURSO: AND WHERE DOES THAT GET FILED, THE
INSPECTION?
MR. RIVERA: THE COUNTY HEALTH DEPARTMENT OF THE
LOCAL COUNTY.
MR. DURSO: AND ONCE THAT INSPECTION IS DONE, WHO
HAS TO FILE IT? IS IT THE REALTOR? IS IT THE INSPECTOR? IS IT THE
HOMEOWNER?
MR. RIVERA: IT WOULD BE FILED ALONG WITH THE
CLOSING DOCUMENTS. SO DEPENDING ON HOW YOU CLOSE --
MR. DURSO: SO IT -- IT'S NOT A SEPARATE FILING. IT'S
ALL GOING WITH THE CLOSING DOCUMENTS.
MR. RIVERA: CORRECT.
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MR. DURSO: OKAY. AND IS THERE A SEPARATE FEE, DO
YOU KNOW, FOR THAT TO GET FILED WITH -- IF IT'S THE COUNTY CLERK, IF IT'S THE
HEALTH DEPARTMENT?
MR. RIVERA: I WOULD SAY IT'S -- IT'S PART OF WHATEVER
FILING FEE YOU HAVE WITH THE REST OF YOUR CLOSING DOCUMENTS.
MR. DURSO: OKAY. AND NOW IF THIS IS NOT DONE
AND THERE IS NO INSPECTION DONE, IS THERE A FINE FOR THAT?
MR. RIVERA: THE CLOSING JUST WOULDN'T TAKE PLACE.
MR. DURSO: SO THE -- OKAY. THAT WAS MY NEXT
QUESTION.
MR. RIVERA: THERE'S NO WAIVING OF THIS, EITHER.
MR. DURSO: SO YOU -- YOU CANNOT WAIVE THIS AT ALL.
MR. RIVERA: CORRECT.
MR. DURSO: SO -- AND -- AND AS MY COLLEAGUE
ASKED, IF THERE WAS A WAIVE OF INSPECTION ALL TOGETHER ON THE HOME, THIS
IS SEPARATE AND APART. THIS IS NOW NOT PART OF YOUR INSPECTION. THIS IS
COMPLETELY DIFFERENT.
MR. RIVERA: CORRECT.
MR. DURSO: EVEN IF YOU WANT TO HAVE NO
INSPECTION ON YOUR HOME, YOU HAVE TO STILL HAVE THE LEAD PAINT IF IT'S
NOT ALREADY FILED.
MR. RIVERA: CORRECT.
MR. DURSO: OKAY.
LAST QUESTION FOR YOU, SIR. SO IF I'M RENTING A HOME --
SO I ALREADY OWN MY HOME. IT WAS BUILT IN 1960, RIGHT? BUT I'M GOING
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TO RENT MY WHOLE HOME OUT TO SOMEBODY. AS A LANDLORD, DO I HAVE TO
HAVE MY HOME INSPECTED FOR LEAD PAINT IF I'M GOING TO RENT IT?
MR. RIVERA: YOU'RE GOING TO --
MR. DURSO: IS THIS ONLY FOR SALES?
MR. RIVERA: IT'S -- IT'S FOR SALES PRIMARILY. BUT
THERE'S ALSO, YOU KNOW, IF YOU HAVE, FOR EXAMPLE, A LEASE WITH AN
OPTION TO PURCHASE OR A LEASE WITH AN OBLIGATION TO DO A PURCHASE
AGREEMENT, SO IF YOU'RE DOING, LIKE, A RENT TO OWN.
MR. DURSO: RIGHT. BUT NOT -- NOT JUST A STRAIGHT
RENTAL. IF I HAVE A ONE-YEAR LEASE WITH SOMEBODY, NOT AN OPTION TO
PURCHASE, IF I'M JUST RENTING TO A FAMILY WITH THREE SMALL CHILDREN, MY
HOUSE WAS BUILT IN 1950, I DON'T HAVE TO GET A LEAD PAINT INSPECTION?
MR. RIVERA: CORRECT.
MR. DURSO: OKAY. SO THIS IS STRICTLY FOR A SALE, NOT
FOR A RENTAL.
MR. RIVERA: UNLESS IT'S ONE OF THOSE OPTIONS THAT I
JUST SAID.
MR. DURSO: RIGHT. WITH -- WITH A -- WITH AN
OPTION TO PURCHASE.
MR. RIVERA: YEAH.
MR. DURSO: OKAY. AND MY -- MY LAST QUESTION IS,
IT -- IT WAS FOR STRUCTURES THAT WERE BUILT PRIOR TO 1978 RESIDENTIAL,
CORRECT?
MR. RIVERA: NOT COMMERCIAL.
MR. DURSO: NOT COMMERCIAL.
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MR. RIVERA: CORRECT.
MR. DURSO: SO NOW IF I HAD A COMMERCIAL
PROPERTY THAT WAS BUILT IN 1975 AND THEN IN 1985 I WENT AND GOT THE
SURVEY CHANGED -- OR NOT THE SURVEY, THE WORD IS ESCAPING ME RIGHT
NOW -- BUT IT WENT FROM RESIDENTIAL -- I MEAN, COMMERCIAL TO
RESIDENTIAL.
MR. RIVERA: MM-HMM.
MR. DURSO: DOES IT THEN NOW HAVE TO HAVE AN
INSPECTION? BECAUSE ORIGINALLY IT WAS COMMERCIAL, NOT RESIDENTIAL,
WHEN IT WAS BUILT.
MR. RIVERA: IF IT'S A RESIDENTIAL UNIT AT THE POINT OF
SALE AND IT WAS BUILT BEFORE 1978, THEN, YES.
MR. DURSO: SO JUST -- AND JUST SO I'M CLEAR, IT'S ME.
I OWN A BUILDING, RIGHT, THAT IS -- IS -- IS ZONED COMMERCIAL, RIGHT?
MR. RIVERA: AT THE POINT OF YOU BUYING IT?
MR. DURSO: CORRECT.
MR. RIVERA: YEP.
MR. DURSO: AND THEN I GET IT REZONED THROUGH MY
TOWN AND THEY'RE GONNA RENT IT -- YOU KNOW, I'M GONNA MAKE IT
RESIDENTIAL AND PUT APARTMENTS IN. DOES IT HAVE TO HAVE A INSPECTION?
MR. RIVERA: YES, BECAUSE AT THE TIME OF SALE IT IS A
RESIDENTIAL PIECE OF PROPERTY.
MR. DURSO: OH, OKAY.
MR. RIVERA: YOU'RE SELLING IT AS A RESIDENCE.
MR. DURSO: SO WHEN I PURCHASED IT IT WAS
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COMMERCIAL, IT WAS BUILT IN 1950. BUT ONCE I CHANGE IT TO RESIDENTIAL --
MR. RIVERA: CORRECT.
MR. DURSO: -- THEN IT HAS TO HAVE AN INSPECTION?
MR. RIVERA: CORRECT.
MR. DURSO: OKAY. THANK YOU, MR. RIVERA, FOR
ANSWERING MY QUESTIONS. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BOLOGNA.
MR. BOLOGNA: THANK YOU VERY MUCH, MADAM
SPEAKER. WOULD THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. RIVERA: SURE THING.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. BOLOGNA: THANK YOU, MR. RIVERA.
AS A FORMER CONSTITUENT OF YOURS AND FORMER NORTH
BUFFALO RESIDENT --
MR. RIVERA: YEAH.
MR. BOLOGNA: -- I KNOW THE AREA THAT YOU'RE
SPEAKING OF -- OF WELL. I JUST HAD A QUICK QUESTION FOR YOU ON THE RENTAL
PORTION. AND I'M NOT SURE IF OUR PAGES ARE GONNA LINE UP, BUT I'M ON
PAGE 7 OF THE BILL.
MR. RIVERA: MM-HMM.
MR. BOLOGNA: THE PORTION THAT SAYS DISCLOSURE OF
LEAD-BASED PAINT HAZARDS PRIOR TO EXECUTING A RESIDENTIAL LEASE OR
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RESIDENTIAL AGREEMENT WITH TENANT. THAT PORTION RIGHT THERE.
MR. RIVERA: MM-HMM.
MR. BOLOGNA: SO YOU'RE SAYING THAT PORTION ONLY
APPLIES TO SITUATIONS IN WHICH A -- IT'S A RENT-TO-OWN OR IS THIS -- I GUESS
I'M CONFIRMING THE FACT THAT THIS IS ONLY RENT-TO-OWN SITUATIONS AND NOT
ALL RENTAL SITUATIONS.
MR. RIVERA: YEAH. IN SECTION 6 THE DEFINITION
SAYS IS A REAL ESTATE PURCHASE CONTRACT SHALL MEAN THE FOLLOWING. AND
THEN I -- A CONTRACT WHICH PROVIDES FOR THE PURCHASE AND SALE OF AN
EXCHANGE FOR RESIDENTIAL REAL PROPERTY, LEASE WITH AN OPTION TO
PURCHASE THE RESIDENTIAL REAL PROPERTY, LEASE WITH AN OBLIGATION TO
PURCHASE AGREEMENT FOR RESIDENTIAL REAL PROPERTY.
MR. BOLOGNA: GOT IT. OKAY. THANK YOU FOR
CLARIFYING THAT FOR ME. SO IN THAT SITUATION, LET'S SAY A LANDLORD
CURRENTLY HAS TENANTS THAT ARE WORKING TO -- TO PURCHASE OR IN THAT TYPE
OF AGREEMENT. WHEN DOES THE -- WHEN DOES IT HAVE TO TAKE -- WHEN
DOES THE TEST HAVE TO TAKE PLACE? DOES IT HAVE TO TAKE PLACE
IMMEDIATELY?
MR. RIVERA: AS PART OF THE CLOSING.
MR. BOLOGNA: SO BEFORE THE ACTUAL CLOSING OF THE
SALE.
MR. RIVERA: YEAH.
MR. BOLOGNA: OKAY. THAT WAS IT. THANK YOU
VERY MUCH. APPRECIATE IT.
MR. RIVERA: THANK YOU.
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ACTING SPEAKER HUNTER: THANK YOU.
MS. BAILEY.
MRS. BAILEY: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. RIVERA: SURE.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MS. BAILEY: THANK YOU VERY MUCH.
I DO HAVE -- I JUST AM LOOKING FOR SOME CLARITY. I -- I
BELIEVE YOU HAD MENTIONED TO MR. DURSO THAT RESIDENTIAL MEANS A
SINGLE-FAMILY DWELLING, CORRECT?
MR. RIVERA: NO, THERE'S -- THERE'S A -- THERE'S
SCENARIOS WHERE THERE'S A MULTI-FAMILY UNIT AS WELL.
MS. BAILEY: OKAY. SO ARE WE LOOKING AT A
RESIDENTIAL ONE- TO TWO-FAMILY, ONE- TO FOUR-FAMILY OR JUST RESIDENTIAL
BY ITSELF?
MR. RIVERA: NO, IT'S -- THE WAY THAT A RESIDENTIAL
DWELLING IS DEFINED IS A SINGLE-FAMILY DWELLING INCLUDING ATTACHED
STRUCTURES SUCH AS PORCHES, STOOPS OF A SINGLE-FAMILY RESIDENCE,
DWELLING UNIT USED OR OCCUPIED OR DESIGNED TO BE USED OR OCCUPIED
WHOLLY OR PARTIALLY AS A HOME OR RESIDENCE OF ONE OR MORE PERSONS,
WHETHER OR NOT IT WAS -- IT WAS OR WILL BE OCCUPIED. SO IT'S -- IT'S -- IT'S
PREDOMINANTLY GONNA BE FOR SINGLE-FAMILY UNITS, BUT THERE IS A SCENARIO
WHERE THERE'S MULTI-FAMILY.
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MRS. BAILEY: OKAY. AND THE ONLY REASON I ASKED
FOR CLARITY IS THERE ARE TWO CLASSIFICATIONS OF RESIDENTIAL WHICH CAN GO
UP TO FOUR UNITS. SO I WAS JUST LOOKING FOR THAT CLARITY.
MR. RIVERA: SURE. IN THE SECTION WHERE IT
DISCUSSES WHAT NEEDS TO BE CERTIFIED, IT SPEAKS TO HOW YOU WOULD
HANDLE A CERTIFICATION IF THERE'S A MULTI-FAMILY UNIT.
MRS. BAILEY: I'M SORRY, WHAT WAS THAT? IF THERE'S
WHAT?
MR. RIVERA: IT SPEAKS TO HOW YOU WOULD CERTIFY A
SPACE WHEN THERE'S MULTI-UNITS. SO IT SPEAKS TO IT THERE.
MRS. BAILEY: OKAY. GREAT. THANK YOU.
I -- I ALSO BELIEVE YOU SAID THAT IF A TEST WAS ALREADY
ADMINISTERED --
MR. RIVERA: YEP.
MRS. BAILEY: -- AND THAT PAPERWORK WAS FILED WITH
THE DEPARTMENT OF HEALTH AND WHICH ULTIMATELY WOULD END UP BEING THE
COUNTY CLERK IN THOSE COUNTIES, THEN THAT INFORMATION SHOULD BE IN THE
ABSTRACT OF THAT PROPERTY. SO FOR ANY FUTURE SALES, IF I'M SELLING MY
HOME TO YOU, IT SAYS THAT I NEED TO SUPPLY A COPY TO THE CONTRACT AND
THEN ALSO PRODUCE THAT AT THE TIME OF CLOSING TO BE TO BE -- TO BE FILED IN
THE COUNTY CLERK'S OFFICE OR IS IT JUST HAVE TO BE SHOWN AT THE TIME OF
CLOSING IN THE CLERK'S OFFICE WHEN YOU'RE FILING THE PAPERWORK?
MR. RIVERA: IT HAS TO BE FURNISHED TO THE INCOMING
BUYER. SO THE PERSON WHO IS GOING TO BE PURCHASING THE PROPERTY,
THEY'RE GONNA RECEIVE A COPY OF IT, AND IT GETS FILED WITH THE COUNTY
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NYS ASSEMBLY JUNE 10, 2025
HEALTH DEPARTMENT.
MRS. BAILEY: IT GETS FILED WITH THE COUNTY HEALTH
DEPARTMENT?
MR. RIVERA: CORRECT.
MRS. BAILEY: OKAY. I DO BELIEVE THERE'S TEXT IN
THE BILL THAT INDICATES THAT THE OFFICE IN WHICH IT'S BEING RECORDED THAT
THE TRANSFER OF THE PROPERTY THAT -- BEAR WITH ME JUST A MINUTE. I MOVED
IT UP. SO THAT THE RESIDENTIAL REAL PROPERTY PURSUANT TO THIS SHALL DELIVER
TO A BUYER ATTACHED TO THE CONTRACT THAT IT'S BEEN TESTED AND THAT THE
SELLER SHALL ATTACH A COPY OF THE CERTIFICATE CONTAINING THE SIGNATURE OF
THE SELLER AND ANY REPORT OF A TEST FOR LEAD -- LEAD-BASED PAINTS TO THE
REAL ESTATE PURCHASE CONTRACT. THE SELLER SHALL THEN SUBMIT A COPY OF
THAT CERTIFICATE OF THE TEST TO THE OFFICE AUTHORIZED UNDER SECTION 372 OF
THIS CHAPTER TO REGISTER THE TITLE IN THE COUNTY WHICH THE REAL PROPERTY IS
LOCATED, AND SUCH OFFICE SHALL NOT ACCEPT FOR FILING AN INSTRUMENT OR
TRANSFER OF TITLE UNLESS ACCOMPANIED BY SUCH CERTIFICATE WHERE
APPLICABLE.
SO MY QUESTION IS, IF I AM RECEIVING THOSE DOCUMENTS
ACROSS THE COUNTER, HOW DO I KNOW THAT IS NEEDED FOR THAT PURCHASE?
MR. RIVERA: THE REPORT, THE RESULTS OF WHATEVER
THE EXAM IS, THE CERTIFIED, YOU KNOW, TESTING, THAT'S PROVIDED TO THE
BUYER. THE CERTIFICATE TO CONFIRM THAT THE HOUSE HAS BEEN TESTED, THAT
GETS FILED WITH THE COUNTY CLERK.
MRS. BAILEY: UNDERSTANDING.
MR. RIVERA: AND IN FUTURE REFERENCE, WHENEVER
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NYS ASSEMBLY JUNE 10, 2025
THAT -- WHENEVER THAT HOUSE THEN GOES ON THE MARKET AGAIN, EVIDENCE OF
THAT WOULD BE INCLUDED IN ALL THE PAPERWORK. SO THE CERTIFICATE THAT IT'S
BEEN TESTED ALREADY WILL ALREADY BE ON FILE WITH THE COUNTY.
MS. BAILEY: OKAY. SO MY CONCERN BEING -- AND --
AND MAYBE I'M MISUNDERSTANDING THIS -- IT STATES THAT IT CANNOT BE
RECORDED UNLESS THAT'S ACCOMPANYING TO IT. HOW WOULD I KNOW THE AGE
OF THAT HOME IF I AM A CLERK IN ANY ONE COUNTY CLERK'S OFFICE RECEIVING
THIS DOCUMENTATION AS TO WHETHER OR NOT THAT DOCUMENT SHOULD BE
PROVIDED TO ME OR NOT BECAUSE I DON'T KNOW THE YEAR THAT HOME WAS
BUILT?
MR. RIVERA: THE COUNTY CLERK'S OFFICE IN -- IN ITS --
I'D SAY IN EVERY COUNTY THAT I'VE EVER INTERACTED WITH, THEY HAVE A -- A
VAST RECORD OF EVERY PARCEL OF PROPERTY IN THEIR COUNTY AND THEY KNOW
THE AGE OF STRUCTURES ALREADY.
MRS. BAILEY: SO THE EXPECTATION IS THAT THE COUNTY
CLERK'S OFFICE IS GOING TO DO THE RESEARCH AT THE TIME THAT CLOSING PAPERS
ARE COMING IN TO ENSURE THIS HOME WAS BUILT --
MR. RIVERA: NO. THEY -- THEY DON'T HAVE TO --
MRS. BAILEY: -- PRE- OR POST?
MR. RIVERA: THEY DON'T HAVE TO DO ANY RESEARCH.
WHEN YOU PULL THE TITLE OF A PROPERTY IT'LL SAY WHEN IT WAS BUILT. SO
THEY ALREADY HAVE THAT ON EVERY PIECE OF PROPERTY THEY EVER WILL TOUCH.
MRS. BAILEY: OKAY. BEING A FORMER COUNTY CLERK,
AT THE TIME OF RECORDING I'M NOT PULLING UP ANYONE'S PRIOR TRANSACTION
WHILE I'M PUTTING THAT CLOSING ON RECORD.
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MR. RIVERA: BUT AS PART OF THE CLOSING, DON'T YOU
HAVE EVIDENCE OF WHEN THE HOUSE WAS BUILT?
MRS. BAILEY: IT'S, NOT TO MY KNOWLEDGE, ON ANY OF
THE FORMS THAT ARE RECEIVED. I'M THINKING THAT THE RP-5217, THE TP-584
OR THE DEED ITSELF, AND IN NOWHERE IN THERE AM I REMEMBERING SEEING A
YEAR THAT THE HOME WAS BUILT.
MR. RIVERA: YEAH. IN MY EXPERIENCE IN MY -- I
MIGHT HAVE BOUGHT OR SOLD -- I'M ON MY FIFTH HOUSE MAYBE. EVERY TIME
I'VE BEEN TO -- YOU KNOW, ATTENDED MY CLOSINGS IN PERSON AND HAVE
DEALT WITH MY COUNTY CLERK MULTIPLE TIMES IN MY OWN TOWN AND COUNTY
GOVERNMENT, IT'S MY EXPERIENCE THAT THE COUNTY -- THE COUNTY CLERK'S
OFFICE HAS NOT JUST DOCUMENTATION AT POINT OF CLOSING TO DETERMINE THE
YEAR OF THE PROPERTY, BUT ALSO IN THEIR INTERNAL SYSTEMS CAN DETERMINE TO
ENSURE THAT THE -- THAT THE PAPERWORK IN FRONT OF THEM IS LEGITIMATE,
BECAUSE HOW WOULD THEY KNOW THAT THE PERSON WHO IS EVEN SELLING THE
HOUSE IS THE CORRECT SELLER AND OWNER OF THE HOUSE IF THEY DON'T HAVE
THE TITLE INFORMATION IN FRONT OF THEM?
MRS. BAILEY: SO I -- I CAN AGREE TO DISAGREE AT THIS
TIME.
HAVE WE CONSULTED WITH THE COUNTY CLERKS
ASSOCIATION WHEN WE WERE DRAFTING THIS LEGISLATION?
MR. RIVERA: I HAVE SPOKEN TO MY COUNTY CLERK.
AND THIS BILL HAS PASSED THREE TIMES, AND I BELIEVE IT MIGHT HAVE PASSED
PRIOR TO MY TIME BEING HERE. TO DATE, NO INTERACTION OR CONCERN FROM
ANY COUNTY CLERK OR COUNTY CLERKS ASSOCIATION.
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MRS. BAILEY: OKAY. THANK YOU VERY MUCH.
MR. RIVERA: YOU GOT IT.
MRS. BAILEY: JUST A COUPLE -- ONE MORE QUESTION.
GOING BACK TO THE FEE. SO YOU HAD INDICATED THAT IT
WOULD BE CUSTOM HOWEVER IT'S GOING TO BE RECORDED. SO THAT COULD BE
DONE IN A FEW DIFFERENT WAYS. IT COULD BE A PAGE ATTACHED, SO ON AND SO
FORTH. MY QUESTION WOULD BE IS MANY TIMES WHEN YOU SEE A CLOSING
COME FORWARD AND THERE MAY BE A SUBDIVISION MAP OR A MAP OF
REFERENCE TO THAT PROPERTY ON RECORD, YOU WILL SEE THAT REFERENCE OFTEN
IN THE -- THE TERMINOLOGY OR IN THE BODY OF THE DEED ITSELF. IF THIS
CERTIFICATE IS RECORDED IN A CLERK'S OFFICE, IT WOULD HAVE A DOCUMENT
NUMBER, A BOOK OR PAGE, WHATEVER IT MIGHT BE. WOULD IT BE SUFFICIENT
IF THAT IS REFERENCED IN THE BODY OF THE DEED ITSELF TO TIE BACK TO THAT
ORIGINAL FILING THAT WAS DONE IN THEIR OFFICE WHEN THE INITIAL TEST WAS
SUBMITTED?
MR. RIVERA: I WOULD SAY AS LONG AS THE COUNTY
CLERK HAS RECEIVED THE CERTIFICATE, HOW THEY DETERMINE HOW THEY RECORD
THE RECEIVING OF THAT CERTIFICATE IS UP TO THAT COUNTY CLERK.
MRS. BAILEY: THANK YOU VERY MUCH. I APPRECIATE
YOUR ANSWERS.
MR. RIVERA: THANKS.
ACTING SPEAKER HUNTER: MR. RA.
MR. RA: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
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YIELD.
MR. RIVERA: FOR YOU, OF COURSE.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. RA: THANK YOU. I APPRECIATE THAT.
SO JUST A COUPLE OF QUESTIONS. AND I KNOW -- I MEAN,
THIS WAS DISCUSSED EARLIER, BUT I'M WONDERING IF YOU CAN JUST WALK ME
THROUGH THIS PIECE. THE -- SO THE -- THE PRE-1978. LOOKING AT THE BILL,
RIGHT, IT -- WHEN IT SPELLS OUT WHAT THE DISCLOSURE STATEMENT LOOKS LIKE,
IT TALKS ABOUT 1978 AND THE OBLIGATION UNDER STATE LAW WHICH WOULD BE
IMPOSED BY THIS OF HAVING THIS TEST. BUT THEN THERE'S THE SECTION, WHICH
IS SECTION 3, OF THE BILL WHICH CREATES THAT OBLIGATION, AND THAT DOES NOT
IN ANY WAY EXPLICITLY SAY IT'S ONLY REQUIRED PRIOR TO 1978. AM I
READING IT WRONG? AM I MISSING SOMETHING?
MR. RIVERA: I GUESS THAT'S -- THAT'S YOUR TAKE ON IT.
I MEAN, I THINK THAT THE DEFINITION IS CLEAR ON WHAT A REAL ESTATE
PURCHASE CONTRACT IS, AND IT ONLY -- IT SAYS CLEARLY THAT IT'S ONLY FOR
PROPERTIES BUILT AFTER 1978.
MR. RA: OKAY. SO YOU'RE -- SO REALLY, WHAT YOU'RE
SAYING IS IT SAYS IT'S NOT SO MUCH IN THE BILL AS IT'S BECAUSE OF WHERE IT
EXISTS IN -- IN CURRENT LAW. IS THAT WHAT YOU'RE SAYING?
MR. RIVERA: I'M SAYING THAT IT'S MAKING IT CLEAR
THAT THE ONLY TIME A CERTIFICATION IS NEEDED IS ONLY WHEN CONTRACTS ARE
DONE AND ONLY WHEN CONTRACTS ARE DONE ON BUILDINGS BUILT AFTER 1978.
MR. RA: OKAY. THANK YOU. THANK YOU FOR THAT
CLARIFICATION. I -- I STILL DO THINK IT COULD BE CLEARER, BUT THANK YOU FOR
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THAT CLARIFICATION.
MY OTHER QUESTION IS, DO YOU KNOW, GENERALLY, WHAT
THE COST OF THIS TYPE OF INSPECTION IS?
MR. RIVERA: SURE. FROM THE CONVERSATIONS I'VE
HAD WITH LEAD INSPECTION COMPANIES AND LEAD INSPECTION CERTIFIERS, THE
AVERAGE COST IS SOMEWHERE BETWEEN $4- AND $500.
MR. RA: OKAY. SO I KNOW THAT WITHIN THE TEXT
THERE'S A CREDIT AGAINST TAXES THAT ARE PAID. I BELIEVE IT'S $400 PER UNIT
TESTED IF IT'S A MULTI-UNIT DWELLING, CORRECT?
MR. RIVERA: CORRECT.
MR. RA: AND THEN $500 FOR A SINGLE-FAMILY HOME.
MR. RIVERA: CORRECT.
MR. RA: OKAY. SO I'VE -- THERE -- I HAVE SEEN THE
CONCERN EXPRESSED THAT -- THAT OFTENTIMES THE TEST MAY COST MORE THAN
THAT. BUT YOU THINK THE -- THIS CREDIT IS COMMENSURATE WITH THE COST OF
DOING THIS TYPE OF TEST?
MR. RIVERA: SURE. I MEAN, THERE ARE TESTS THAT
FOLKS CAN DO IN THEIR HOME TODAY THAT THEY DON'T RECEIVE A CREDIT FOR;
RADON, FOR EXAMPLE. A LOT OF PEOPLE ARE DOING THAT PRIOR TO A CLOSING OR
PRIOR TO A -- OR PRIOR TO A PURCHASE. I FEEL AS THOUGH THIS IS, YOU KNOW,
IT SPEAKS TO NOT JUST THE NECESSITY OF IT BUT TAKING INTO ACCOUNT THAT
THERE'S A COST TO IT. AND WE BELIEVE THAT THIS IS A -- A PUBLIC HEALTH
PROBLEM. AND, YOU KNOW, IF THERE'S A WAY THAT WE CAN MITIGATE A BIT OF
THAT FOR THE SELLER, THEN -- I MEAN, REMEMBER, THIS IS A COST THE SELLER'S
GONNA INCUR, NOT THE BUYER. SO IT'S -- YOU KNOW, IF -- IF THE SELLER'S
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ALREADY GONNA BE MAKING HOWEVER MUCH MONEY THEY MAKE IN THE -- IN
THE PURCHASE, THIS SMALL COST IS A BIT -- AND I IMAGINE IN MOST CASES IT
WOULD BE A BIT OF A NEEDLE IN -- IN A HAYSTACK. YOU KNOW, CONSIDERING
-- OR A DROP IN THE BUCKET, I SHOULD SAY. SO YES, I -- I BELIEVE THE CREDIT
IS, YOU KNOW, AN EFFORT BY WHICH WE'RE -- WE'RE SORT OF SAYING WE DON'T
WANT TO, YOU KNOW, ADD AN ADDITIONAL BURDEN TO -- TO THE COST.
MR. RA: ALL RIGHT. THANK YOU, MR. RIVERA. THANK
YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MEEKS.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. WILL THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. RIVERA: YES, OF COURSE.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MRS. PEOPLES-STOKES: THANK YOU. I'M GONNA
FIRST OF ALL SAY THAT I APPRECIATE YOUR WORK ON THIS. IT'S A VERY
IMPORTANT, VERY IMPORTANT TOPIC.
SO I GUESS THE FIRST THING IS, THIS -- YOUR LEGISLATION
SAYS THAT LANDLORDS AND/OR HOMEOWNERS HAVE A LEGAL OBLIGATION TO
DISCLOSE THAT THERE IS LEAD PAINT HERE OR THERE -- THEY HAVE TO PROVE THAT
THERE'S NOT LEAD PAINT HERE?
MR. RIVERA: IT -- THE -- THE CERTIFICATION WOULD
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DEMONSTRATE THAT -- WHERE LEAD IS. IN MANY CASES, IF A HOUSE WAS BUILT
BEFORE 1978, IT SORT OF BROADLY ASSUMES THAT THERE IS LEAD. BUT THIS
MAKES IT SO THAT THE SELLER IS -- MUST DISCLOSE WHERE IT IS IN THE HOME.
MRS. PEOPLES-STOKES: ALL RIGHT. SO IF IT WAS
BUILT BEFORE 1978, IT PROBABLY DOES EITHER HAVE LEAD IN IT OR ALREADY OR
YOU'VE HAD IT REMEDIATED SO THAT YOU DON'T HAVE LEAD ANYMORE. SO YOU
HAVE TO PROVE THAT WHAT YOU'RE SELLING IT.
MR. RIVERA: CORRECT.
MRS. PEOPLES-STOKES: THAT'S FAIR.
DO INSURANCE COMPANIES REQUIRE SOME KNOWLEDGE ON
WHETHER OR NOT THERE'S LEAD IN THESE HOMES OR NOT?
MR. RIVERA: I DON'T BELIEVE SO, NO.
MRS. PEOPLES-STOKES: I'M SORRY?
MR. RIVERA: INSURANCE COMPANIES, NO.
MRS. PEOPLES-STOKES: NO. I MEAN, I -- I DO
RECALL, I WANT TO SAY AT LEAST MAYBE SIX OR SEVEN YEARS AGO THERE WAS A
LAW FIRM THAT HAD AN AD IN THE BUFFALO CHALLENGER, WHICH IS A
AFRICAN-AMERICAN NEWSPAPER THAT COMES OUT WEEKLY, ON "CALL US IF
YOUR CHILD GETS LEAD POISONING." THESE ARE PERSONAL INJURY ATTORNEYS.
AND SO I'M -- I'M WONDERING, IS THAT STILL THE CASE? ARE PERSONAL INJURY
ATTORNEYS SEEKING FAMILIES WHOSE CHILDREN HAVE BEEN LEAD POISONED
EITHER IN A RENTAL OR A HOME THAT THEY OWN, SEEKING LAWSUITS?
MR. RIVERA: FUNNY YOU MENTIONED THAT, AND A
GOING STATEMENT IN THESE HALLS IS THAT I HAVE A BILL FOR THAT.
MRS. PEOPLES-STOKES: YOU HAVE A BILL FOR THAT.
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MR. RIVERA: THERE -- THERE -- YOU KNOW, CURRENTLY
IN STATE LAW THERE'S AN EXEMPTION FOR LEAD POISONING. SO
HYPOTHETICALLY, IF YOU HAVE A CHILD WHO UNFORTUNATELY HURTS THEMSELVES
ON A TRAMPOLINE OR FALLS DOWN THE STAIRS AND YOU'RE A TENANT IN A HOME,
YOU CAN SEEK -- YOU CANNOT SEEK DAMAGES AGAINST A HOMEOWNER'S
POLICY BECAUSE CURRENTLY, HOMEOWNER POLICIES HAVE AN EXEMPTION FOR
LEAD. MOST STATES DON'T HAVE THIS EXEMPTION; WE HAVE IT IN NEW YORK
STATE, WHICH WAS DONE, FROM WHAT I'M BEING -- WHAT I'VE ALWAYS BEEN
TOLD IS BY EXECUTIVE ORDER OF MANY GOVERNORS AGO. BUT AT THE END OF
THE DAY IT SPEAKS TO, YOU KNOW, WHAT WE'VE DONE TO SORT OF PRETEND AS
THOUGH THIS PROBLEM DOESN'T EXIST. AND WE KNOW THAT THERE'S SUCH A
CLEAR OVERLAP, WHETHER IT'S COMMUNITIES OF POVERTY, ESPECIALLY IN
COMMUNITIES OF COLOR, OR COMMUNITIES WHERE THERE ARE NEW AMERICANS
OR COMMUNITIES WHERE, YOU KNOW, AWARENESS MIGHT NOT -- MIGHT NOT
BE THERE. COMMUNITIES WHERE THERE ARE LANGUAGE BARRIERS OR, YOU
KNOW, MINIMAL ACCESS TO HEALTHCARE, TRUTHFULLY. ALL THESE COMMUNITIES
THERE'S AN OVERLAP OF THESE SORT OF STATISTICS WITH LEAD PAINT POISONING.
SO IT'S ABSOLUTELY TRUE THAT THERE ARE TIMES WHERE PEOPLE ARE AFRAID TO --
TO ASK THEIR LANDLORD -- OR NOTIFY THEIR LANDLORD THAT THERE IS -- THAT
THERE'S -- THAT THEIR CHILDREN HAVE BEEN LEAD POISONED BECAUSE THEY'RE
AFRAID OF BEING EVICTED OR -- OR WHATEVER. BUT YOU'RE -- YOU'RE RIGHT TO
BRING IT UP BECAUSE, YOU KNOW, IF YOU'VE -- WELL, I'M SURE YOU'VE HEARD
BUT I DON'T KNOW, I CAN'T SPEAK FOR EVERYONE HERE, THERE'S BEEN
COUNTLESS STORIES THAT I'VE HEARD OF CHILDREN BEING POISONED BY LEAD,
AND PARENTS JUST NOT HAVING THE ANSWERS, THE DIRECTION. NOT KNOWING
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WHAT TO DO. HOW THEY -- HOW THEY CAN SEEK, YOU KNOW, HELP AND SUCH.
BUT IT'S TRUE THAT THERE'S -- THERE'S A LOT OF EFFORT IN A LOT OF COMMUNITIES,
INCLUDING THE LEGAL COMMUNITY, TO BRING THIS TO LIGHT AND THERE ARE
CHILDREN SUFFERING FROM IT EVERY DAY.
MRS. PEOPLES-STOKES: I -- MY NEXT QUESTION IS
AS IT RELATES TO ASBESTOS. IS THIS LEGISLATION IN ANY WAY -- ANY WAY
SIMILAR TO WHAT WE HAD TO DO AS A SOCIETY YEARS AGO ONCE WE
UNDERSTOOD THE DAMAGES THAT ASBESTOS COULD CAUSE A PERSON AND/OR
CHILD LIVING IN A HOME WHERE IT WAS THERE?
MR. RIVERA: YEAH. I MEAN, AS IT STANDS TODAY, YOU
KNOW, SIMILAR TO -- TO LEAD, WE DON'T MANUFACTURE IT AND USE IT IN HOMES
ANYMORE, YOU KNOW, WITH A CASE OF ASBESTOS. BUT SOMEWHAT SIMILARLY,
I MEAN, THERE ARE -- THERE ARE CASES IN RESIDENTIAL TRANS -- I'M SURE IN
RESIDENCES THAT WERE BUILT AROUND THE TIME MINE WAS AND YOURS -- YOURS
IS THAT, YOU KNOW, THERE'S DEFINITELY LEAD AND THERE'S DEFINITELY ASBESTOS
IN ONE FORM OR ANOTHER. AND AGAIN, THOSE AREN'T THINGS THAT ARE
NECESSARILY PROACTIVELY LAID OUT FOR INCOMING BUYERS, AND PEOPLE ARE
LIVING IN HOMES WITH BOTH THOSE TO THIS DAY STILL.
MRS. PEOPLES-STOKES: OKAY. THANK YOU.
SO I GUESS LASTLY, I WOULD JUST THANK YOU. I APPRECIATE
YOU RESPONDING TO THOSE QUESTIONS.
MR. RIVERA: SURE, SURE.
MRS. PEOPLES-STOKES: LASTLY I WILL MENTION
THAT BOTH ASBESTOS AND LEAD PAINT WERE AT SOME POINT DETERMINED TO BE
VALUABLE TO US AS A SOCIETY, AND PARTICULARLY TO BUSINESS. AND SO THAT'S
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WHY IT BECAME SO PREVALENT. THAT'S WHY IT BECAME SO READILY AVAILABLE
IN PEOPLE'S HOMES. IT MADE BUSINESS EASY. AND SO I -- I UNDERSTAND THE
IMPORTANCE OF MAKING THINGS EASIER FOR BUSINESS. BUT IT'S ALSO THE
REASON WHY WE SHOULD ALSO KNOW IF IT'S IMPORTANT FOR BUSINESS, WHAT IS
GOING TO BE ITS IMPACT ON OUR PEOPLE BEFORE WE IMPLEMENT IT. WE --
WE DON'T DO -- THANK YOU, THAT'S THE END OF MY QUESTIONS.
WE DON'T DO A GOOD JOB OF THAT IN AMERICA. WE LOOK
FOR THE FASTEST WAY TO MAKE MONEY FIRST BEFORE WE THINK ABOUT WHAT THE
IMPACT WILL BE ON THE PEOPLE. AND THESE ARE JUST TWO EXAMPLES OF
WHAT WE HAVE TO DEAL WITH WHEN WE DON'T LOOK FOR WHAT THE
IMPLICATIONS COULD BE LATER ON TO THE HUMAN BODY, WHETHER IT BE AN
ADULT OR A CHILD. AND I WILL SAY THAT IN 1940, CUBA DECIDED THAT LEAD
PAINT WAS NOT GONNA BE IN THEIR SOCIETY BECAUSE IT WAS NOT GOOD FOR
PEOPLE IN THE FUTURE. NOT GOOD FOR CHILDREN IN THE FUTURE. WHY IS THAT
HERE WE ARE, THE SMARTEST PEOPLE WITH THE MOST INGENUITY, THE BEST
SCIENTISTS, THE BEST RESEARCH SCHOOLS, BUT WE STILL WILL ALLOW BUSINESS TO
COME UP WITH IDEAS THAT WILL MAKE THEM A LOT OF MONEY QUICK, BUT IN
THE LONG-RANGE HURT THE PEOPLE. AT SOME POINT WE GOTTA COME TO GRIPS
WITH THAT. WE -- WE MUST DEAL WITH IT AS THE CHALLENGE THAT IT IS AND
FIGURE OUT HOW TO SAY, OKAY, THIS IS A GREAT IDEA THAT YOU HAVE. AS A
MATTER OF FACT, I WANT TO SAY MY COLLEAGUE ON THE OTHER SIDE MENTIONED
THIS EARLIER TODAY ON ANOTHER PIECE OF LEGISLATION. IT'S A GREAT IDEA. I'M
GLAD YOU WANNA LOOK AT IT LIKE THIS BECAUSE WE DO NEED TO LOOK AHEAD
TO HOW IT'S GONNA IMPACT US IN THE FUTURE. I WISH WE HAD DONE THIS
WITH LEAD AS A SOCIETY, BUT WE DIDN'T. AND SO NOW WE HAVE TO CATCH UP
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BECAUSE THE FACT OF THE MATTER IS, LEAD POISONING IS THE MOST
PREVENTABLE AND THE MOST PREVALENT THING THAT'S NEGATIVELY IMPACTING
CHILDREN. NOT CAR ACCIDENTS. NOT AS SOME PEOPLE THINK, GUN VIOLENCE.
NOT -- IT'S NOT HOMICIDES. IT'S NOT FOOD POISONING. IT'S LEAD POISONING.
AND NOT ONLY DOES IT IMPACT THEIR HEALTH QUALITY, BUT IT IMPACTS THEIR
EDUCATIONAL CAPACITY. AND SO AT SOME POINT WE GOTTA STOP SAYING NO TO
WAYS ON HOW WE CAN FIX THIS AND SAY YES. YOU CAN'T COMPLAIN ABOUT
THE INCREASING DOLLAR AND EDUCATING PEOPLE WHEN YOU KNOW THAT YOU'RE
DOING SOME THINGS TO IMPACT THE NEGATIVITY OF THEIR ABILITY TO LEARN. IT'S
-- IT'S ONLY FAIR THAT WE BEGIN AT SOME POINT TO DO WHAT'S RIGHT. NOT JUST
FOR BUSINESS, WE NEED BUSINESS. WE'RE NOT GONNA TO SURVIVE WITHOUT IT.
BUT THEY'RE NOT GONNA SURVIVE WITHOUT US AS CONSUMERS AS WELL. AND
THEY NEED TO BE RESPECTFUL OF THAT AND WE NEED TO HELP THEM UNDERSTAND
THAT THEY HAVE TO BE RESPECTFUL OF THAT.
SO I -- I THINK THIS IS GREAT LEGISLATION. I HAVE VOTED
FOR IT IN THE PAST. I LOOK FORWARD TO VOTING FOR IT TODAY, AND I HOPE THAT
SOON WE WILL BE IN A SPACE WHERE WE CAN SAY WE DON'T HAVE LEAD
POISONING IN OUR CHILDREN IN A -- IN A SOCIETY THAT WE LIVE IN, THE RICHEST
COUNTRY IN THE WORLD.
THANK YOU, MADAM SPEAKER, AND THANK YOU TO THE
SPONSOR FOR THIS LEGISLATION.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MEEKS.
MR. MEEKS: THANK YOU, MADAM -- MADAM
SPEAKER. THANK -- THANK YOU. WOULD -- WOULD YOU -- WOULD THE
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SPONSOR YIELD TO --
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. RIVERA: YES.
ACTING SPEAKER HUNTER: SPONSOR YIELDS.
MR. MEEKS: SO, AS IT RELATE [SIC] TO THE -- THIS
LEGISLATION, I COMMEND YOU ON THIS LEGISLATION. WE'VE SEEN SOME
MAJOR CHALLENGES WITH LEAD-BASED PAINT IN WESTERN NEW YORK AND ALL
ACROSS THE STATE OF NEW YORK AND I COMMEND YOU ON THE WORK THAT
YOU'RE DOING IN THE REGION TO FIGHT THE GOOD FIGHT ON THIS CHALLENGE.
CAN YOU SPEAK TO SOME OF THE SYMPTOMS OR
CHALLENGES THAT OUR CHILDREN HAVE EXPERIENCED AS IT RELATE [SIC] TO LEAD
POISONING?
MR. RIVERA: SURE. SURE. YOU KNOW, THE -- THE
SCIENCE IS -- IS -- IS SO CLEAR THAT THE EFFECTS OF LEAD POISONING ARE TRULY
PERMANENT. THAT IT'S NOT A MATTER OF A CURE OR MEDICINE, IT'S JUST A
MATTER OF MANAGEMENT OF THE EFFECTS. AND, YOU KNOW, I -- I -- I'VE
BEEN TO YOUR DISTRICT, YOU'VE BEEN TO MINE AND, YOU KNOW,
NEIGHBORHOODS LIKE OURS IT'S -- IT'S SORT OF EVERYWHERE, IN REALITY. IN
PART OF THE AGING OF THE HOMES, BUT, IN PART, BECAUSE OF THE NATURE OF, I
GUESS, WE'LL SAY REAL ESTATE IN -- IN -- IN OUR NECK OF THE WOODS. BUT ALL
THAT BEING SAID, YOU KNOW, WE OFTEN FORGET, AT THE END OF THE DAY, WE'RE
REALLY TALKING ABOUT CHILDREN, CHILDREN'S HEALTH AND -- AND WHAT THAT
MEANS FOR FUTURE [SIC]. SO, A CHILD THAT'S -- THAT'S AFFECTED BY LEAD TODAY
AT ONE, THE PARENTS DON'T REALIZE, ONE, MAYBE THAT THEIR CHILDREN ARE --
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HAVE BEEN AFFECTED BY IT, BUT THEN THEY ALSO DON'T REALIZE THE ONGOING
COST OF WHAT THAT LOOKS LIKE. SO, NOT TO MAKE IT ABOUT DOLLARS AND
CENTS, BUT WHAT THAT -- THE -- THE COST ON, YOU KNOW, MEDICAL TREATMENT,
THE COST ON ADDITIONAL THERAPIES THE CHILDREN WILL NEED, THE COST OF, YOU
KNOW, FIGURING OUT WHAT SORT OF EDUCATIONAL REMEDIES ARE GOING TO BE
NEEDED FOR -- FOR COUNTLESS AFFECTS. YOU KNOW, I -- THE -- THE SADDEST
STORY THAT I'VE HEARD SO FAR WAS -- WAS A YOUNG KID WHO'S NOW IN HIGH
SCHOOL, HIS NAME IS COOPER BURKETT, AND, YOU KNOW, IN A NEIGHBORHOOD
NOT -- NOWHERE OURS, ACTUALLY, IN MANHATTAN. AND HIS PARENTS, VERY
NICE PEOPLE, THEY HAD THEIR SON CRAWLING ON THE GROUND AND ENJOYING
HIS -- HIS LIFE AS A -- AS A TODDLER AND THEY'RE -- MEANWHILE, THEY'RE
ABSOLUTELY UNAWARE, DESPITE ALL THE ASSURANCES OF THEIR -- OF THE OWNER
OF THEIR PROPERTY SAYING THAT, NO, THERE'S NO LEAD HERE, CONSTRUCTION
TAKES PLACE IN A UNIT BELOW THEIRS, DUST FROM THAT CONSTRUCTION GOES INTO
THEIR UNIT AND COVERS THEIR ENTIRE APARTMENT. YOU KNOW, 15 YEARS LATER,
ALMOST 20 YEARS LATER, COOPER IS A KID THAT'S STILL DEALING WITH ALL KINDS
OF TOUGH, TOUGH (INDISCERNIBLE), YOU KNOW, HEALTH CONSEQUENCES. AND
RIGHT NOW, HE'S AN ADVOCATE FOR THIS ISSUE AND KIND OF GOING ALL OVER THE
COUNTRY ABOUT IT AND -- WHICH I ADMIRE GREATLY, BUT IF YOU THINK ABOUT A
STORY OF BEING ONE YEAR'S OLD AND STILL DEALING WITH SOMETHING LATER --
WAY LATER IN LIFE, YOU JUST THINK, WHAT COULD WE HAVE DONE TO AVOID
THAT? YOU KNOW, HOW -- HOW ARE WE SETTING OUR KIDS UP FOR FAILURE IF
WE'RE JUST NOT DOING ANYTHING -- OR, NOT DOING ENOUGH, TO -- TO BE -- TO
PREVENT IT. AND IT'S A LIFE SENTENCE THAT KIDS ARE JUST GOING TO BE
BURDENED WITH FOR THE REST OF THEIR LIVES. SO, YOU KNOW, I'M A DEEP
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BELIEVER IN THIS, AS MANY OF YOU KNOW, AND I -- I WORK HARD TO TRY TO
BRING -- TO SHINE LIGHT ON -- ON THIS ISSUE. I'M HOPEFUL THAT, YOU KNOW,
WE'LL BE ABLE TO PUT AN END TO IT.
AND I ALSO WANT TO JUST COMMEND MY COLLEAGUES FROM
ROCHESTER. THE CITY OF ROCHESTER, OF EVERY MUNICIPALITY IN THE STATE
OF NEW YORK, HAS DONE THE BEST WITH TACKLING LEAD. THEY HAVE A -- A
FANTASTIC PROACTIVE RENTAL INSPECTION PROGRAM THAT IS -- SHOULD BE A
NATIONAL STANDARD. AND THEY MAKE IT SIMPLE FOR FOLKS THAT ARE --
THAT THEY'RE JUST WONDERING WHERE THE DANGERS ARE IN THEIR HOME. SO, I
THANK YOU FOR YOUR LEADERSHIP AND -- AND MY COLLEAGUES FROM
ROCHESTER, SIR.
MR. MEEKS: THANK YOU.
MR. RIVERA: YES.
MR. MEEKS: SO, AS IT RELATE [SIC] TO INSPECTIONS, IS
IT THE CURRENT PRACTICE THAT WHEN A PERSON IS PURCHASING A HOME, THAT AN
INSPECTOR GOES IN THE HOUSE AND GIVES A -- A REPORT ON DIFFERENT ITEMS
WITHIN THE HOUSE?
MR. RIVERA: NO. IN -- IN THE MAJORITY OF CLOSURES,
ON ALMOST ALL CLOSINGS OF A HOME SALES, AN INSPECTION IS NEVER DONE.
THE -- THE OUTGOING RESIDENT, OR THE SELLER, ESSENTIALLY, STIPULATES THAT TO
THE BEST OF THEIR KNOWLEDGE THERE'S NO LEAD, WHEN IN REALITY, LEAD IS
CLEARLY IN THE HOME JUST BY THE NATURE OF THE AGE. SO, WE RELIEVE THE
SELLER OF A BURDEN, BUT WE TRANSFER THE BURDEN OF NOT KNOWING ONTO THE
BUYER, WHO, FOR ALL THEY KNOW, THEY'RE JUST BUYING A HOME WITH ALL THEIR
JOY AND ALL THEIR HAPPINESS AND EXCITEMENT, NOT REALLY REALIZING THAT
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THEY MIGHT BE EXPOSING THEIR CHILDREN TO LEAD.
MR. MEEKS: THANK YOU.
MR. RIVERA: YUP.
MR. MEEKS: ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MEEKS: AS IT RELATE [SIC] TO THE CHALLENGES OF --
OF LEAD PAINT, THERE'S SO MANY SYMPTOMS THAT OUR CHILDREN ENDURING
[SIC] AND -- AND ARE CHALLENGED WITH. FROM DEVELOPMENTAL DELAYS,
LEARNING DISABILITIES, IRRITABILITY, LOSS OF APPETITE, WEIGHT LOSS,
SLUGGISHNESS, FATIGUE, ABDOMINAL PAIN, VOMITING, CONSTIPATION, HEARING
LOSS, SEIZURES, PICA AND THE LIST GOES ON AND ON. AS IT RELATE [SIC] TO
SYMPTOMS OF NEWBORNS, THEY MAY BE BORN PREMATURELY, HAVE LOWER
BIRTHRATE -- LOWER BIRTHWEIGHT AND HAVE SLOW GROWTH. AND FOR US AS
ADULTS, THIS POISONING -- LEAD POISONING SYMPTOMS MAY CONSIST OF:
HIGH BLOOD PRESSURE, JOINT AND MUSCLE PAIN, DIFFICULTIES WITH MEMORY
OR CONCENTRATION, HEADACHES, ABDOMINAL PAIN, MOOD DISORDERS, REDUCED
SPERM COUNT AND AB -- ABNORMAL SPERM, MISCARRIAGES, STILLBIRTH AND
PREMATURE BIRTH IN PREGNANT WOMEN. THERE'S A NUMBER OF CHALLENGES
THAT COME ABOUT BY WAY OF LEAD POISONING, AND I COULDN'T IMAGINE A
WORSE BUYER'S REMORSE THAN TO BE A FAMILY THAT PURCHASED A HOME,
PLANNING A GREAT FUTURE FOR ONE ANOTHER AND REALIZING THAT IN THAT NEW
SPACE THAT YOU'RE CREATING THESE GREAT MEMORIES, YOU'RE BEING POISONED
AT THE SAME TIME; EVERYONE FROM THE CHILDREN TO THE ADULTS TO THE
UNBORN CHILDREN. THIS LEGISLATION IS NECESSARY TO PROTECT NEW YORKERS,
TO PROTECT FAMILIES AND DO RIGHT BY OUR FUTURE GENERATIONS. AGAIN, I
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COMMEND THE SPONSOR ON THIS LEGISLATION. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD FOR JUST A COUPLE OF QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. RIVERA: SURE.
ACTING SPEAKER HUNTER: SPONSOR YIELDS.
MR. RIVERA: SURE.
MR. GANDOLFO: THANK YOU.
SO I JUST WANTED TO CLARIFY SOMETHING HERE. SO, WITH
THIS BILL, IS IT STRICTLY A TESTING AND DISCLOSURE REQUIREMENT? OR, IS THERE
ANY DUTY TO REMEDIATE ANY LEAD --
MR. RIVERA: YUP --
MR. GANDOLFO: -- PAINT THAT'S PRESENT?
MR. RIVERA: NO DUTY TO REMEDIATE OR INCAPSULATE.
IT IS --
MR. GANDOLFO: OKAY.
MR. RIVERA: -- SIMPLY AN INSPECTION, CERTIFICATION
AND THEN THE PROVISION OF THAT INFORMATION TO THE INCOMING BUYER.
MR. GANDOLFO: OKAY. SO THEY WOULD NOTIFY THE
INCOMING BUYER, THEN THEY WOULD NEGOTIATE THAT HOWEVER THEY SAW FIT?
MR. RIVERA: YEAH. I MEAN, THEY -- THEY -- IT -- IT --
YOU KNOW, THE INCOMING BUYER COULD JUST BE MADE AWARE AND THAT
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BUYER COULD SAY, WELL, YOU KNOW, WHEN I MOVE IN, I'LL HAVE TO TAKE CARE
OF THESE AND THIS AND THAT. OR -- OR IT COULD BE THAT IT'S TESTED AND
NOTHING IS OF CONCERN.
MR. GANDOLFO: OKAY. IF A -- SAY IT'S TESTED AND
IT'S FOUND AND -- MAYBE IN ONE OF THE ROOMS OF THE -- THE HOME, IT'S
ALREADY PEELING, WHICH WOULD -- OBVIOUSLY, THAT WOULD BE A PROBLEM.
IN THAT CASE, IT'S STILL JUST A DISCLOSURE THAT WOULD --
MR. RIVERA: ONE HUNDRED PERCENT.
MR. GANDOLFO: OKAY.
MR. RIVERA: YEAH.
MR. GANDOLFO: ALL RIGHT. THAT WAS MY ONLY
QUESTION. THANK YOU --
MR. RIVERA: YEAH.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT
AUGUST 1, 2026.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF
LEGISLATION, BUT THERE MAY BE SOME EXCEPTIONS. IF YOU WANT TO VOTE
YES, YOU CAN CERTAINLY SO DO NOW AT YOUR SEATS. THANK YOU.
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NYS ASSEMBLY JUNE 10, 2025
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. THE MAJORITY CONFERENCE IS GONNA BE IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WILL DESIRE TO BE AN
EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS. THANK YOU.
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 VERY MUCH, MADAM
SPEAKER.
AS A MEMBER OF THE ROCHESTER DELEGATION, I WANT TO
THANK THE SPONSOR FOR THIS BILL. YOU KNOW, HE COMPLIMENTED
ROCHESTER, BUT ONE OF THE REASONS ROCHESTER HAS SUCH A -- A
PROGRESSIVE PROGRAM IS BECAUSE OF OUR TREMENDOUS NEED. BECAUSE OF
THE REALITY OF HOW MANY KIDS WE SEE WITH LEAD POISONING, DESPITE ALL OF
THE INTERVENTIONS WE PUT INTO PLACE MEDICALLY. AND IT WAS OUR CURRENT
DOH COMMISSIONER THAT SAID TO ME IN A JOINT BUDGET HEARING ONE TIME,
THAT WE NEED TO STOP TREATING CHILDREN'S HEALTH AS INDICATORS OF
ENVIRONMENTAL PROBLEMS. BECAUSE THAT'S WHAT THIS IS. WE DETERMINED
THAT THERE ARE LEAD PROBLEMS AND WE FIND LEAD IN OUR CHILDREN. AND I
DON'T THINK WE SHOULD BE USING CHILDREN AS LITMUS PAPER. WHEN WE
CONSIDER THE RAMIFICATIONS OF LEAD POISONING, THE INCREASED MEDICAL
COSTS, ALL OF THE SPECIAL ED SERVICES THESE KIDS ARE GONNA NEED FOR THE
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REST OF THEIR LIVES. SO MANY PEOPLE IN THIS ROOM CARE ABOUT EARLY
INTERVENTION; EACH AND EVERY ONE OF THESE KIDS ENDS UP NEEDING EARLY
INTERVENTION SERVICES. THE ECONOMIC COST OF THIS GREATLY OUTWEIGHS THE
COST OF IMPLEMENTING THE PROGRAM. THIS IS A SMART, PROACTIVE BILL AND
I'M HAPPY TO VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER HUNTER: MR. LUNSFORD IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 16, RULES REPORT NO. 415, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01417-B, RULES
REPORT NO. 415, ROSENTHAL, BURDICK, LASHER. AN ACT TO AMEND THE
GENERAL BUSINESS LAW, IN RELATION TO THE USE OF ALGORITHMIC PRICING BY
A LANDLORD FOR THE PURPOSE OF DETERMINING THE AMOUNT OF RENT TO CHARGE
A RESIDENTIAL TENANT.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION HAS BEEN REQUESTED.
MS. ROSENTHAL.
MS. ROSENTHAL: THIS BILL WOULD PROVIDE THAT USE
OF AN ALGORITHM OR ALGORITHMIC DEVICE TO ADJUST RENTAL PRICE LEVELS IS
UNLAWFUL COLLUSION.
ACTING SPEAKER HUNTER: MR. FITZPATRICK.
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MR. FITZPATRICK: YES. MADAM SPEAKER, WOULD
THE SPONSOR YIELD FOR --
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
MR. FITZPATRICK: -- FOR A FEW QUESTIONS?
ACTING SPEAKER HUNTER: SPONSOR YIELDS.
MR. FITZPATRICK: THANK YOU VERY MUCH. THANK
YOU, MS. ROSENTHAL.
THE -- I -- I READ IN YOUR JUSTIFICATION FOR THIS
LEGISLATION THAT A RECENT INVESTIGATION WAS CONDUCTED BY A GROUP CALLED
PROPUBLICA, WHICH IS A LEFT-LEANING DONOR -- DONOR-FUNDED NEWS OUTLET.
AND I FOUND THAT SOFTWARE COMPANIES ARE COLLECTING PROPRIETY
INFORMATION FROM LANDLORDS ACROSS THE COUNTRY. WHY IS -- WHY WOULD
THAT BE A PROBLEM? THERE ARE -- THERE ARE -- THERE ARE SOFTWARE
COMPANIES THAT COLLECT A WHOLE HOST OF INFORMATION TO INFLUENCE
ELECTIONS, FOR ANCESTRY, A -- A WHOLE HOST OF THINGS. WHY WOULD THIS BE
A PROBLEM? JUST COLLECTING INFORMATION.
MS. ROSENTHAL: WELL, THAT'S NOT JUST WHAT --
WHAT THE ISSUE IS. IT'S COLLECTING PUBLIC AND PRIVATE INFORMATION, WITH
LANDLORDS COLLUDING ON AN ALGORITHM TO ARTIFICIALLY SET PRICES HIGH. AND
THAT IS COLLUSION WHICH IS NOT LEGAL UNDER THE DONNELLY ACT IF IT WERE
YOU AND I SPEAKING ABOUT IT AND PLOTTING TOGETHER. SO THIS EXTENDS IT TO
USING AI.
MR. FITZPATRICK: DO YOU HAVE ANY EVIDENCE --
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MS. ROSENTHAL: OH. THERE'S --
MR. FITZPATRICK: -- OF THIS COLLUSION OR... I MEAN,
YOU'RE -- YOU WANT TO PROHIBIT ANY KIND OF COORDINATION OR AGREEMENTS,
AND I GET -- I GET THAT, BUT DO YOU HAVE EVIDENCE? AND WOULD -- WOULD
AN ORGANIZATION, FOR EXAMPLE, LIKE THE REAL ESTATE BOARD OF NEW YORK
OR THE GROUP FORMALLY KNOWN AS THE RENT STABILIZATION ASSOCIATION,
THESE ARE GROUPS THAT -- OF -- OF LIKE-MINDED PEOPLE IN THE SAME
BUSINESS JUST LIKE ANY OTHER ORGANIZATION. ARE YOU -- ARE YOU MAKING
THE ARGUMENT THAT MEMBERSHIP IN A GROUP LIKE REBNY OR RSA WOULD
BE AN ATTEMPT TO COORDINATE OR --
MS. ROSENTHAL: IT'S -- IT'S THE USE OF SOFTWARE TO
SET PRICES ARTIFICIALLY HIGH, WHICH IS ANTI-COMPETITION. IN AUGUST, THE
DEPARTMENT OF JUSTICE TOGETHER WITH EIGHT STATE ATTORNEYS GENERAL --
MR. FITZPATRICK: COULD -- I'M SORRY. COULD YOU
SPEAK A LITTLE LOUDER?
MS. ROSENTHAL: SURE. IN AUGUST, THE
DEPARTMENT OF JUSTICE, TOGETHER WITH THE EIGHT STATE ATTORNEYS
GENERAL, FILED A LAWSUIT AGAINST TECHNOLOGY COMPANY, REALPAGE, FOR ITS
ALLEGED MONOPOLIZATION OF THE MARKET FOR SOFTWARE LANDLORDS USE TO
PRICE APARTMENTS FOR DECREASE IN COMPETITION AMONG LANDLORDS.
MR. FITZPATRICK: OKAY. YOU -- YOU USE THE
WORD "ALLEGEDLY". SO, IS ANYTHING --
MS. ROSENTHAL: OKAY. I'M DISCUSSING -- IT'S A
LAWSUIT.
MR. FITZPATRICK: -- HAS ANYTHING BEEN -- SO, A
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LAWSUIT HAS BEEN FILED, YOU'RE SAYING?
MS. ROSENTHAL: YES.
MR. FITZPATRICK: ALL RIGHT. HAS IT BEEN
ADJUDICATED?
MS. ROSENTHAL: YOU KNOW, WORKING WITH THE
GOVERNOR'S OFFICE --
MR. FITZPATRICK: HAS ANYBODY BEEN PROVEN
GUILTY OF THIS?
MS. ROSENTHAL: -- AND -- NO, BUT WE KNOW THAT
THIS CAN HAPPEN. IT HAS HAPPENED IN OTHER STATES. AND WORKING WITH
THE AG AND THE GOVERNOR, THIS BILL IS PRODUCED, WHICH WOULD BAN WHAT
IS ILLEGAL FOR HUMANS TALKING TOGETHER, BAN IT IF IT'S USED THROUGH AN
ALGORITHM OR ARTIFICIAL INTELLIGENCE.
MR. FITZPATRICK: BUT YOU DON'T HAVE ANY
EVIDENCE --
MS. ROSENTHAL: I'VE GOT PLENTY OF EVIDENCE.
MR. FITZPATRICK: -- THAT THIS IS OCCURRING. BY A
LAWSUIT? THERE -- THERE'S --
MS. ROSENTHAL: WE'RE -- WE'RE GIVING THE AG A
TOOL THAT THEY NEED TO GO AFTER THOSE WHO VIOLATE THE ANTITRUST
DONNELLY ACT.
MR. FITZPATRICK: I UNDERSTAND. BUT YOU -- DO
YOU HAVE ANY EVIDENCE THAT THIS IS OCCURRING NOW OR HAS OCCURRED? OR,
ARE YOU JUST ATTEMPTING TO GET IN FRONT OF SOMETHING YOU BELIEVE MIGHT
HAPPEN? WHERE IS THE EVIDENCE THAT THIS IS OCCURRING? BECAUSE BASED
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ON YOUR LEGISLATION, JUST MEMBERSHIP IN AN ORGANIZATION WOULD BE
COLLUDING --
MS. ROSENTHAL: OKAY. SO I'LL GIVE YOU --
MR. FITZPATRICK: -- POSSIBLE ATTEMPT TO COLLUDE.
MS. ROSENTHAL: -- SOME EVIDENCE OF IT
HAPPENING IN OTHER PLACES.
MR. FITZPATRICK: WHAT -- WHAT -- OTHER PLACES?
(CROSS-TALK)
MR. FITZPATRICK: WHOA, WHOA, WHOA --
MS. ROSENTHAL: I WILL -- I WILL TELL YOU --
MR. FITZPATRICK: -- TIME OUT. TIME OUT. OTHER
PLACES? YOU MEAN OTHER STATES, OR IN THE STATE OF NEW YORK?
MS. ROSENTHAL: IF YOU LET ME FINISH, I WILL
EXPLAIN IT TO YOU.
MR. FITZPATRICK: OKAY.
MS. ROSENTHAL: ATTORNEY GENERAL BRIAN
SCHWALB ANNOUNCED THAT WILLIAM SMITH WILL PAY OVER $1 MILLION AND
REFORM ITS BUSINESS PRACTICES TO RESOLVE ALLEGATIONS THAT IT CONSPIRED
WITH OTHER DISTRICT LANDLORDS, USING PRICING SOFTWARE FROM REALPAGE TO
INFLATE RENTS AT OVER 50,000 UNITS ACROSS D.C.
MR. FITZPATRICK: AND THAT ATTORNEY GENERAL IN
WHAT STATE?
MS. ROSENTHAL: FOR THE DISTRICT OF COLUMBIA.
MR. FITZPATRICK: DISTRICT OF COLUMBIA. OKAY,
THAT'S NOT NEW YORK STATE. SO, WE DON'T HAVE ANY -- WE DON'T HAVE ANY
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EVIDENCE THAT THIS IS OCCURRING HERE IN NEW YORK STATE RIGHT NOW?
MS. ROSENTHAL: JERSEY CITY, PHILADELPHIA,
MINNEAPOLIS, SAN FRANCISCO, PROVIDENCE, RHODE ISLAND, HAVE ALL
PASSED LAWS BANNING PRICE FIXING. SO THIS IS SOMETHING THAT DOES
OCCUR. THIS IS SOMETHING THAT THE ATTORNEY GENERAL NEEDS MORE TOOLS
TO GO AFTER. I CAN'T IMAGINE THAT ANYONE WOULD APPROVE OF VIOLATING THE
ANTITRUST DONNELLY ACT, WHICH IS WHAT WE ARE SAYING, USING ALGORITHMS
AND AI.
MR. FITZPATRICK: OKAY, BUT --
MS. ROSENTHAL: AND -- AND WE'RE GIVING THE AG
TOOLS TO INVESTIGATE CONCERNS THAT ARE ARISING IN NEW YORK STATE.
MR. FITZPATRICK: OKAY, BUT YOU DON'T HAVE ANY
HARD EVIDENCE THAT THIS IS OCCURRING OR HAS OCCURRED. THERE'S NO --
THERE IS NO LAWSUIT OR NO JUDGMENT OR THERE'S BEEN NO TRIAL.
MS. ROSENTHAL: THIS IS SOMETHING THE ATTORNEY
GENERAL NEEDS. THEY NEED THE TOOLS, BECAUSE RIGHT NOW IT IS UNCLEAR IF
USING AI OR AN ALGORITHM TO GO AFTER THOSE WHO WOULD COLLUDE TO
ARTIFICIALLY SET RENTS IF THAT -- IF THEY CAN GO AFTER THEM. SO THEY CAN IF
IT'S PHYSICAL PEOPLE TOGETHER, PEOPLE. THIS EXTENDS IT TO ALGORITHMS. IT
IS HAPPENING. IT'S HAPPENING OUTSIDE NEW YORK, IT'S HAPPENING IN NEW
YORK AND THE AG NEEDS THESE TOOLS.
MR. FITZPATRICK: WELL, WE HAVE -- WE HAVE
SOME VERY STRICT RENTAL REGULATIONS HERE IN NEW YORK, AS WE'RE BOTH
AWARE. WHERE -- WHERE DO YOU BELIEVE THIS IS HAPPENING?
MS. ROSENTHAL: IT -- IT DOESN'T -- SO --
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MR. FITZPATRICK: ARE WE TALKING -- WE'RE --
WE'RE CERTAINLY NOT TALKING -- YOU'RE TALKING UNREGULATED OR MARKET
RENTS. IS THAT WHAT YOU'RE REFERRING TO HERE?
MS. ROSENTHAL: NO, AND -- AND IN THE BILL, IT
SPECIFICALLY EXEMPTS RENT-STABILIZED UNITS, OTHER REGULATED UNITS,
AFFORDABLE HOUSING UNITS THAT ARE MONITORED THROUGH DHCR OR HPD.
WHAT WE DO KNOW IS THAT THIS IS OCCURRING THROUGHOUT THE NATION AND
THESE COMPANIES OPERATE IN NEW YORK STATE.
MR. FITZPATRICK: ALL RIGHT. SO HOW -- HOW FAR
BACK? WHEN WAS THIS FIRST DISCOVERED OR ALLEGED TO HAVE HAPPENED?
WHERE -- WHEN WAS THE FIRST LAWSUIT IN ANY OTHER STATE? HOW -- HOW
LONG HAS THIS PRACTICE BEEN GOING ON?
MS. ROSENTHAL: IT WAS -- WELL, 2023 WAS THE FIRST
LAWSUIT, BUT THIS HAS BEEN GOING ON THROUGHOUT THE NATION FOR QUITE
SOME TIME.
MR. FITZPATRICK: QUITE SOME TIME. SO -- ALL
RIGHT, SO BY 2023 WAS THE FIRST LAWSUIT THAT WAS BROUGHT AGAINST THESE
SUPPOSED COMPANIES. SO ARE YOU AWARE OF ANY OTHER USE OF, AS YOU
DESCRIBE IT, ARTIFICIAL INTELLIGENCE TO RUN OR SET PRICES IN ANY OTHER
INDUSTRY? ANY OTHER CONSUMER PRODUCTS OR ANYTHING ELSE? WHY ARE
WE FOCUSING JUST ON HOUSING? WHY NOT MAKE THIS KIND OF ACTIVITY
ILLEGAL FOR ANY OTHER PRODUCT? I MEAN, WE COULD EITHER -- I MEAN,
THERE'S ALSO --
MS. ROSENTHAL: YES, YOU ARE RIGHT. YOU ARE
RIGHT.
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MR. FITZPATRICK: -- THERE'S ALSO COORDINATION, FOR
EXAMPLE --
ACTING SPEAKER HUNTER: COLLEAGUES, WE
NEED TO MAKE SURE ONE PERSON SPEAKS AND THE OTHER PERSON ANSWERS.
THANK YOU.
MR. FITZPATRICK: I KNOW, MADAM SPEAKER, I
KNOW. I -- I DON'T LIKE TO BE INTERRUPTED AND I -- I WOULD LIKE TO ASK THE
QUESTION, BUT, MS. ROSENTHAL, TODAY OUTSIDE WE HAD A DEMONSTRATION.
THERE IS A NETWORK OF COORDINATED EVENTS OCCURRING ARGUING AGAINST
WHAT THE FEDERAL GOVERNMENT IS DOING NOW. SO THERE'S CERTAINLY THE
USE OF ARTIFICAL INTELLIGENCE OR COMPUTER SOFTWARE TO COORDINATE ACTIVITY
THAT'S LEADING TO THE DESTRUCTION OF PRIVATE PROPERTY. THAT IS ILLEGAL.
WHY ARE WE -- WHY ARE WE NOT MOVING AGAINST THAT KIND OF
COORDINATION OR USE OF ARTIFICIAL INTELLIGENCE OR COMPUTER SOFTWARE TO
NETWORK A SERIES OF ACTIVITIES THAT ARE LEADING TO THE DESTRUCTION OF
PROPERTY?
MS. ROSENTHAL: OKAY, BUT -- BUT --
MR. FITZPATRICK: THE POINT I'M TRYING TO MAKE IS
THERE IS -- THERE -- PEOPLE USE ARTIFICAL INTELLIGENCE OR COMPUTER
SOFTWARE TO RUN THEIR BUSINESS, TO COORDINATE THEIR ACTIVITIES. SO WHY
ARE WE FOCUSING ONLY ON HOUSING WHEN WE KNOW THAT THERE COULD BE
PRICE FIXING OR OTHER TYPES OF ILLEGAL BEHAVIOR BY USING THE SAME TOOLS?
BUT YET, WE'RE NOT MOVING AGAINST THAT TYPE OF ACTIVITY. YOU SEEM TO
BE FOCUSING ONLY ON HOUSING.
MS. ROSENTHAL: WELL, I AM THE CHAIR OF THE
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HOUSING COMMITTEE.
MR. FITZPATRICK: YES, BUT --
MS. ROSENTHAL: SO, THIS IS SOMETHING THAT IS OF
INTEREST TO ME, HAS COME TO MY ATTENTION, THAT I CAN DO SOMETHING
ABOUT. THE ACTIVITIES YOU DESCRIBED OUTSIDE ABOUT COORDINATING A
DEMONSTRATION HAS NOTHING TO DO WITH VIOLATING THE DONNELLY ACT AND
THE SHERMAN ACT [SIC] ON THE FEDERAL LEVEL.
MR. FITZPATRICK: I UNDERSTAND. BUT, THERE'S
OTHER -- THERE'S THE USE OF -- THE USE OF TECH --
MS. ROSENTHAL: YOU KNOW, THERE'S NEXT SESSION
--
MR. FITZPATRICK: -- THE USE OF TECHNOLOGY FOR ALL
SORTS OF ACTIVITIES THAT ARE NOT LEGAL IS -- IS GOING ON AS WELL. YET, WE
DON'T SEEM TO TAKE ANY ACTION AGAINST THAT.
MS. ROSENTHAL: WELL --
MR. FITZPATRICK: THE ARGUMENT -- THE ARGUMENT
I'M TRYING TO MAKE HERE IS THAT, WE ARE, AGAIN, AND WE DO THIS SO WELL IN
THIS BODY, USING THE POWER OF GOVERNMENT TO INTERFERE INTO OR INTERFERE
IN THE OPERATION OF -- OF THE PRIVATE SECTOR.
MS. ROSENTHAL: YOU KNOW, SO A COUPLE OF
THINGS. THERE'S ALWAYS NEXT SESSION -- NEXT YEAR TO INTRODUCE MORE
LEGISLATION. YOU ARE FREE TO INTRODUCE LEGISLATION ABOUT THOSE ITEMS
AND WE DID PASS IN THE BUDGET SOME MEASURES THAT BANNED
COORDINATION ON -- ON DIFFERENT ISSUES. SO WE HAVE ADDRESSED IT, IT IS AN
EVOLVING TECHNOLOGY, IT IS AN EVOLVING TOOL. AND WE WANT TO BE
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PREPARED THAT WHEN COLLUSION THAT HAS HAPPENED IN OTHER STATES HITS
NEW YORK, WHICH IT ALREADY IS DOING, I'M SURE, THAT WE HAVE THE TOOLS
TO PROSECUTE.
MR. FITZPATRICK: OKAY. SO -- SO RATHER THAN --
ALL RIGHT. I -- I UNDERSTAND YOU WOULD LIKE TO MAYBE GET AHEAD OF THE --
AHEAD OF THE CURVE HERE IN A SENSE, BUT IS IT NOT -- WOULD IT NOT BE
PREFERABLE TO WAIT FOR AN ACTUAL OCCURRENCE OF THIS OR -- OR, YOU KNOW,
AN OCCURRENCE OF THIS BEFORE WE TAKE THAT KIND OF ACTION? BECAUSE,
YOU KNOW, IN NEW YORK WE HAVE THE STRICTEST RENT REGULATION AND
HOUSING LAWS THAN ANY OTHER STATE. SO WHAT HAPPENS IN OTHER STATES
GENERALLY DOESN'T HAPPEN IN NEW YORK BECAUSE WE ARE SO STRICTLY
REGULATED. SO, YOU KNOW, SOME OF THESE COMPANIES MAY NOT BE
CONDUCTING THIS PRACTICE IN NEW YORK STATE BECAUSE THEY KNOW HOW
REGULATED THE HOUSING MARKET IS IN NEW YORK. SO, WHAT I'M SAYING IS,
YOU ARE AGAIN, THIS IS ANOTHER EXAMPLE, I BELIEVE, ABUSING THE POWER OF
GOVERNMENT TO INTERFERE IN THE OPERATION OF THE PRIVATE SECTOR. WE
ALREADY -- YOU KNOW, PROPERTY OWNERS ARE ALREADY UNDER TREMENDOUS
STRESS BECAUSE OF WHAT THIS LEGISLATURE HAS DONE TO PREVENT THEM FROM
RECOVERING THE COST OF OPERATING THEIR BUILDINGS.
MS. ROSENTHAL: OKAY, BUT THIS HAS NOTHING TO DO
WITH THIS BILL.
MR. FITZPATRICK: BUT WHAT WE HAVE DONE IS WE
ARE NOW INCENTIVIZING THESE PROPERTY OWNERS TO TAKE UNITS OFF THE
MARKET --
MS. ROSENTHAL: NO, NO, NO.
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MR. FITZPATRICK: -- BECAUSE THEY CAN'T RECOVER
THE COST OF KEEPING THESE UNITS ON THE MARKET. SO HERE WE HAVE
ANOTHER EXAMPLE OF GOVERNMENT INTERFERING IN THE OPERATION, JUST, YOU
KNOW -- YOUR LEGISLATION WOULD SIMPLY MAKE MEMBERSHIP IN AN
ORGANIZATION AN ATTEMPT AT COLLUDING OR TRYING TO MANIPULATE THE
MARKET.
MS. ROSENTHAL: NO, IT WOULD NOT.
MR. FITZPATRICK: I BELIEVE IT WOULD.
MS. ROSENTHAL: OKAY. LET ME TELL YOU A FEW
THINGS. IN ORDER TO MEET THE STANDARD HERE OF A COORDINATING FUNCTION,
THESE THREE ITEMS WOULD HAVE TO HAPPEN. AND BEFORE I -- I SPEAK THEM,
RENT-REGULATED UNITS ARE NOT PART OF THIS BILL, AS I SAID EARLIER. SO THIS
CONCERNS MARKET RATE WHEN THERE IS COLLUSION THAT IS FORBIDDEN UNDER
THE ANTITRUST LAW THAT WE'VE HAD IN THIS STATE SINCE 1899. SURELY
YOU'RE NOT SUGGESTING THAT IT'S PERMISSIBLE TO SKIRT THE LAW IF IT'S AN
ALGORITHM AS OPPOSED TO TWO HUMANS, OR THREE HUMANS. BUT LET ME TELL
YOU ABOUT A COORDINATING FUNCTION. COLLECTING HISTORICAL OR
CONTEMPORANEOUS PRICES, SUPPLY LEVELS, OR LEASE OR RENTAL CONTRACT
TERMINATION AND RENEWAL DATES OF RESIDENTIAL DWELLING UNITS FROM TWO
OR MORE RESIDENTIAL RENTAL PROPERTY OWNERS OR MANAGERS. AND,
ANALYZING OR PROCESSING THE INFORMATION USING A SYSTEM, SOFTWARE OR
PROCESS THAT USES COMPUTATION INCLUDING BY USING THAT INFORMATION TO
TRAIN AN ALGORITHM AND RECOMMENDING RENTAL PRICES, LEASE RENEWAL
TERMS, IDEAL OCCUPANCY LEVELS, OR OTHER LEASE TERMS AND CONDITIONS TO A
RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER. THOSE THREE FUNCTIONS
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HAVE TO OCCUR IN ORDER FOR THE AG TO PURSUE ANY ACTION AGAINST THEM.
MR. FITZPATRICK: OKAY. SO, AGAIN, I ASK, DO YOU
HAVE EVIDENCE OF THIS OCCURRING IN NEW YORK STATE? IT APPEARS YOU DO
NOT.
MS. ROSENTHAL: AS I SAID EARLIER, THE COMPANIES
THAT OPERATE IN NEW YORK STATE HAVE BEEN DOING THIS IN OTHER STATES. IN
RESPONSE, THE U.S. DEPARTMENT OF JUSTICE HAS FOLLOWED SUIT. AND OTHER
STATES HAVE ENACTED RULES AND OTHER PROVISIONS AGAINST PRICE FIXING,
WHICH THIS IS.
MR. FITZPATRICK: MM-HMM. SO, WE -- PRICE --
DO I HAVE ANOTHER 15, OR? I DO, OKAY.
SO, MS. ROSENTHAL, IS -- IS PRICE FIXING ALREADY ILLEGAL
IN THE STATE OF NEW YORK?
ACTING SPEAKER HUNTER: MR. FITZPATRICK IS
TAKING HIS ADDITIONAL 15 MINUTES.
MR. FITZPATRICK: MAY I -- MAY I CONTINUE TO ASK
QUESTIONS?
ACTING SPEAKER HUNTER: YES.
MS. ROSENTHAL: PRICE FIXING IS ILLEGAL --
MR. FITZPATRICK: OKAY.
MS. ROSENTHAL: -- IN NEW YORK STATE.
MR. FITZPATRICK: IT IS.
MS. ROSENTHAL: HOWEVER, ALGORITHMS AND AI ARE
NEW TECHNOLOGY THAT'S HITTING THE MARKET AND AFFECTING ALL OUR LIVES, IS
NOT INCLUDED IN THAT DEFINITION. SO THIS BILL WOULD INCLUDE ALGORITHMIC
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NYS ASSEMBLY JUNE 10, 2025
DEVICES AND THOSE THREE PROVISIONS THAT I JUST SAID, IN ORDER TO PURSUE
ANY ACTION AGAINST LANDLORDS WHO ARE COLLUDING OR SOFTWARE COMPANIES
THAT ARE PART OF THE COLLUSION.
MR. FITZPATRICK: SO, WHY -- WHY -- WHY IS USING
AN ALGORITHMIC METHOD WRONG? WHAT IS --
MS. ROSENTHAL: IT'S NOT ABOUT USING IT, IT IS ABOUT
PERFORMING THESE THREE FUNCTIONS.
MR. FITZPATRICK: MM-HMM.
MS. ROSENTHAL: IF A LANDLORD USES THEIR PRIVATE
INFORMATION, PUBLIC INFORMATION, THIS BUILDING OWNER DOES IT, THAT
BUILDING OWNER DOES IT, THEY GET TOGETHER, THEY USE THE ALGORITHM TO SET
ARTIFICIALLY HIGH PRICES AND TAMP DOWN COMPETITION, THEN THAT WOULD BE
PRICE FIXING AND ILLEGAL.
MR. FITZPATRICK: MM-HMM. YOU KNOW, IT'S
KIND OF INTERESTING, ISN'T THAT -- ISN'T THAT A SIMILAR SYSTEM LIKE THAT IS
ALREADY BEING DONE OR PERFORMED IN -- IN PRICING JUST RESIDENTIAL REAL
ESTATE?
MS. ROSENTHAL: NO, IT'S NOT. NO, IT'S NOT.
MR. FITZPATRICK: WHEN YOU -- WHEN YOU --
WHEN YOU LOOK AT COMPARABLE VALUES OF HOMES THAT SELL IN YOUR
NEIGHBORHOOD, YOU KNOW, A SIMILAR HOME AND -- AND APARTMENTS ARE
VERY SIMILAR --
MS. ROSENTHAL: IT'S NOT THE SAME.
MR. FITZPATRICK: -- BUT A SIMILAR HOME SELLS FOR
THIS MUCH A BLOCK AWAY OR THAT MUCH A COUPLE OF BLOCKS AWAY AND
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YOU'RE USING COMPARABLE SALES, WHY IS THAT OKAY IN RESIDENTIAL REAL
ESTATE BUT NOT OKAY IN ESTABLISHING A PRICE FOR A RENTAL APARTMENT?
MS. ROSENTHAL: COMBINING INFORMATION FROM
POTENTIALLY HUNDREDS OF PROPERTIES IS A POWERFUL TOOL FOR PRICE FIXING.
YOU AND YOUR NEIGHBOR SITTING AROUND TALKING ABOUT, HEY, I GOT 4,000
FOR THIS AND THEM SAYING, WOW, I COULD GET 4,000 IS NOT THE DEFINITION
OF PRICE FIXING AND COLLUSION. WHAT I'M DESCRIBING IS, IT'S DONE TO RAISE
-- RAISE PRICES AS REALPAGE HAS SUGGESTED TO ITS USERS, AND I CAN PROVIDE
YOU WITH A LOT OF DOCUMENTATION ABOUT HOW REALPAGE, WHICH HAS THE
MAJORITY OF THE MARKET ON THIS AND VARIOUS OTHER SUCH TOOLS, ORCHESTRATE
THIS. COLLUSION IS ALREADY ILLEGAL IN NEW YORK STATE. WHAT WE ARE
CLARIFYING IS IS THAT USING AN ALGORITHM IS ALSO COLLUSION.
MR. FITZPATRICK: INTERESTING. OKAY, SO THEN, IF
THERE IS -- IF THERE'S USE OF ANY ALGORITHM OR ANY OTHER TYPE OF SOFTWARE
IN PERFORMING A REAL ESTATE EVALUATION SAY, IN THE RESIDENTIAL REAL ESTATE
MARKET, THEN THAT SHOULD ALSO BE DEEMED ILLEGAL OR BE MADE ILLEGAL AS
WELL, BECAUSE YOU'RE SIMPLY USING COMPARABLE VALUES TO ESTABLISH WHAT
I CAN GET FOR MY PROPERTY, IS NO DIFFERENT THAN WHAT BUILDING OWNERS DO
IN -- IN USING MARKET CONDITIONS TO ESTABLISH PRICES TO RENT THEIR
PROPERTIES.
MS. ROSENTHAL: OKAY, IT'S -- IT'S -- IT'S DIFFERENT --
MR. FITZPATRICK: HOW IS THAT COLLUSION WHEN
YOU'RE USING COMPARABLE VALUES AND MARKET CONDITIONS? THAT'S WHAT
EVERYBODY DOES TO SET A VALUE FOR THEIR PROPERTY. WHY ARE -- WHY ARE
APARTMENT OWNERS --
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ACTING SPEAKER HUNTER: MS. ROSENTHAL,
PLEASE LET HIM FINISH HIS COMMENTS.
MS. ROSENTHAL: OKAY.
ACTING SPEAKER HUNTER: THANK YOU.
MR. FITZPATRICK: WHY ARE APARTMENT OWNERS
BEING SINGLED OUT FOR DOING WHAT OTHER PEOPLE DO TO ESTABLISH A VALUE
FOR THEIR PROPERTY?
MS. ROSENTHAL: AS I EXPLAINED EARLIER, THERE ARE
THREE FUNCTIONS THAT HAVE TO BE MET --
MR. FITZPATRICK: MM-HMM.
MS. ROSENTHAL: -- IN ORDER FOR THIS TO BECOME A
TOOL TO GO AFTER PRICE FIXING INDIVIDUALS AND SOFTWARE COMPANIES.
REALPAGE AND OTHERS SUGGEST PRICES. IF ALL THE BUILDING OWNERS IN THE
NEIGHBORHOOD AND ACROSS TOWN ALL SET THEIR PRICES AT THAT LEVEL, WHICH
IS ARTIFICIALLY HIGH, THAT CHANGES THE MARKET. AND I UNDERSTAND FREE
MARKET, THIS IS NOT FREE MARKET; THIS IS PRICE FIXING. TO ARTIFICIALLY
INFLATE RENTS.
MR. FITZPATRICK: VERY WELL. ALL RIGHT, THANK
YOU, MS. ROSENTHAL.
MS. ROSENTHAL: THANK YOU.
MR. FITZPATRICK: APPRECIATE IT.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. FITZPATRICK: I UNDERSTAND WHAT THE SPONSOR
IS TRYING TO ACCOMPLISH HERE. HOWEVER, AGAIN, THIS IS -- AND WE'VE SEEN
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NYS ASSEMBLY JUNE 10, 2025
THIS FOR YEARS AROUND HERE, ANOTHER ATTEMPT BY GOVERNMENT TO INTERVENE
IN THE PRIVATE SECTOR, IN A SENSE, TO FIX PRICES AS WELL. THAT'S WHAT --
THAT'S WHAT RENT STABILIZATION AND RENT CONTROL WERE ACTUALLY MARKET
MANIPULATION TECHNIQUES EMPLOYED BY GOVERNMENT TO ARTIFICIALLY
DEPRESS RENTS, PREVENTING OWNERS OF PROPERTY TO RECOVER THE COST OR TO
MEET THE COSTS OF KEEPING THEIR APARTMENT UNITS OPEN. THE SPONSOR
DOES NOT PROVIDE ANY EVIDENCE OF THIS HAPPENING IN THE STATE OF NEW
YORK AND IS USING EXAMPLES FROM OTHER STATES THAT DON'T HAVE LAWS
REGARDING HOUSING AS STRICT AS NEW YORK'S, AND THAT'S PROBABLY WHY
YOU'RE NOT SEEING THAT KIND OF ACTIVITY HERE IN NEW YORK NOW.
SO I JUST DON'T BELIEVE THAT THIS LEGISLATION IS
NECESSARY, MAYBE IN THE FUTURE WHEN WE HAVE CASES OF THIS HAPPENING,
BUT IT HASN'T HAPPENED YET. AND I DON'T THINK WE NEED TO GET OUT AHEAD
OF SOMETHING THAT DOESN'T EXIST YET. IT WILL BE A FURTHER INTERVENTION OF
GOVERNMENT INTO THE PRIVATE SECTOR, MAKING HOUSING UNNECESSARILY
MORE EXPENSIVE AND MAY TAKE EVEN MORE UNITS OFF THE MARKET, WHICH IS
A PROBLEM NOW BECAUSE OWNERS CAN'T RECOVER THE COST TO OPERATE THEIR
BUILDINGS. SO, AGAIN, THIS IS UNNECESSARY, ANOTHER ATTEMPT AT
GOVERNMENT TO INTERFERE IN A MARKET THAT WILL FUNCTION FINE IF LEFT ALONE
AND I WOULD URGE MY COLLEAGUES TO REALLY CONSIDER REJECTING THIS BILL AS
UNNECESSARY. THANK YOU VERY MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BOLOGNA.
MR. BOLOGNA: THANK YOU VERY MUCH, MADAM
SPEAKER. WOULD THE SPONSOR YIELD FOR A FEW QUICK QUESTIONS?
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ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. BOLOGNA: THANK YOU VERY MUCH, MS.
ROSENTHAL.
I WANT TO KIND OF HARP IN ON THE THREE POINTS, THE THREE
CRITERIA THAT IN THIS SCENARIO -- OR I GUESS, IN THE -- IN THE BILL, YOU
WOULD DESCRIBE AS COLLUSION. WOULD YOU MIND GOING THROUGH THOSE
THREE CRITERIA FOR ME?
MS. ROSENTHAL: CERTAINLY, AND THAT IS -- THAT IS IN
THE BILL --
MR. BOLOGNA: YUP, I'M LOOKING AT IT RIGHT NOW.
MS. ROSENTHAL: SO IT'S ABOUT COORDINATING
FUNCTION, PERFORMING ALL OF THE FOLLOWING FUNCTIONS: COLLECTING
HISTORICAL OR CONTEMPORANEOUS PRICES --
MR. BOLOGNA: YUP.
MS. ROSENTHAL: -- SUPPLY LEVELS, LEASE OR RENTAL
CONTACT TERMINATIONS AND RENEWAL DATES OF RESIDENTIAL DWELLING UNITS
FROM TWO OR MORE RESIDENTIAL RENTAL PROPERTY OWNERS OR MANAGERS.
MR. BOLOGNA: YOU DIDN'T HAVE TO -- YOU DIDN'T
HAVE TO READ THE WHOLE THING, I JUST THINK THE FIRST -- THE FIRST LINE OF
EACH ONE. SO --
MS. ROSENTHAL: WELL, YOU -- WELL, YOU ASKED ME
WHAT IS WAS. IN ADDITION, ANALYZING THE INFORMATION --
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MR. BOLOGNA: YUP.
MS. ROSENTHAL: -- USING A SYSTEM, SOFTWARE, OR
PROCESS THAT USES COMPUTATION, INCLUDING BY USING INFORMATION TO TRAIN
AN ALGORITHM --
MR. BOLOGNA: MM-HMM.
MS. ROSENTHAL: -- AND THEN RECOMMENDING RENTAL
PRICES, LEASE RENEWAL TERMS, IDEAL OCCUPANCY LEVELS, OR OTHER LEASE
TERMS AND CONDITIONS TO A RENTAL PROPERTY OWNER OR MANAGER.
MR. BOLOGNA: OKAY. SO WITH THOSE THREE THINGS
IN MIND, I'M GONNA LAY OUT A SCENARIO FOR YOU THAT -- THAT I ACTUALLY
THINK IS MORE FREQUENTLY USED THAN YOU MIGHT IMAGINE AND NOT
NECESSARILY BY FOLKS THAT OWN, YOU KNOW, MULTIPLE BUILDINGS, MULTIPLE
UNITS THAT -- THAT ARE MORE MOM-AND-POP STOP -- MOM-AND-POP STYLE
LANDLORDS. THERE ARE THREE TOOLS ONLINE OR THAT YOU COULD SUBSCRIBE TO:
CHATGPT, ALPHASOURCE, DATARAILS, APPIN, THAT ARE ALL AI
PROGRAMMING TOOLS. AND WHAT YOU CAN DO IS, YOU CAN UPLOAD DATA
THAT'S ALL PUBLIC, YOU CAN GO TO, YOU KNOW, WHETHER IT'S REDFIN, ZILLOW
-- YOU CAN TAKE ALL THIS INFORMATION THAT IS PUBLIC AND/OR PRIVATE AND
YOU CAN UPLOAD THAT INTO THE PROGRAM, WHICH I WOULD -- I THINK WOULD
SATISFY NUMBER ONE AND NUMBER TWO. NUMBER ONE IS ANALYZING AND
PROCESSING DATA INFORMATION -- I'M SORRY, NUMBER ONE IS COLLECTING
HISTORICAL OR CONTEMPORANEOUS PRICES AND SUPPLY LEVELS. SO YOU'RE
COLLECTING THAT DATA. TWO, YOU'RE ANALYZING OR PROCESSING THAT DATA IN
DATA SOFTWARE, AND THEN BECAUSE THAT INFORMATION IS COLLECTED FROM A
NUMBER, YOU KNOW, OF LANDLORDS AND MARKET DATA, THAT WOULD SATISFY.
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THREE IS RECOMMENDING PRICES. SO I GUESS WHAT I'M SAYING IS -- IS IF A
LANDLORD WERE TO ASK ONE OF THESE SOFTWARE PROGRAMS, WHAT IS THE
MAXIMUM RENT I CAN GET FOR A PROPERTY AT THIS LOCATION, AT THIS SPOT?
YOU KNOW, WITH THESE TRENDS IN MIND, IS THAT CONSIDERED COLLUSION,
EVEN THOUGH THAT INDIVIDUAL LANDLORD HASN'T ACTUALLY TALKED TO ANY OTHER
INDIVIDUAL?
MS. ROSENTHAL: SO, IF YOU'RE USING YOUR ONE
LANDLORD, USING THEIR OWN PRIVATE INFORMATION AND PUBLIC INFORMATION
THEMSELVES, IS NOT ACTUALLY COLLUDING WITH OTHER LANDLORDS.
MR. BOLOGNA: OKAY.
MS. ROSENTHAL: SO YOU -- YOU WANT INFORMATION
ON HOW TO SET A PRICE FOR YOUR BUILDING, GO AHEAD. I THINK PEOPLE DO
THAT ALREADY. THIS CONCERNS CASES WHERE THERE IS COLLUSION, SO THAT
EVERY OWNER SETS THE SAME RENT BASED ON INFORMATION SUCH AS LEASE
RENEWAL TIME, SQUARE FOOTAGE, WHO LIVES THERE, ALL SORTS OF PROPRIETARY
INFORMATION. WHEN THEY GET TOGETHER AND USE THE ALGORITHM TO FIGURE
OUT WHAT THEY WANT TO CHARGE IN THE ENTIRE NEIGHBORHOOD OR THROUGH
THOSE PORTFOLIOS, THAT IS DIFFERENT THAN YOU PERSONALLY TRYING TO FIGURE
OUT WHAT YOU SHOULD CHARGE SOMEBODY.
MR. BOLOGNA: I UNDERSTAND THAT AND I -- AND I
AGREE WITH YOU THAT -- THAT COLLUSION, AS YOU DESCRIBED, IT IS NOT GOOD. I
GUESS WHAT I'M DRAWING TO YOUR ATTENTION IS THAT, THAT ACTUALLY MIGHT BE
HAPPENING VIA AI BECAUSE AI, WHETHER IT'S CHATGPT, ACTUALLY SEARCHES
THE INTERNET FOR THE VARIOUS DATA THAT -- THAT YOU'RE DESCRIBING. SO
WHAT'S ACTUALLY HAPPENING IS INADVERTENTLY PEOPLE ARE COMMUNICATING
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WITH PROPRIETARY DATA WITH ONE ANOTHER, BECAUSE AI IS ABLE TO ACTUALLY
TAKE THAT INFORMATION FROM THE INTERNET AND SPIT IT BACK TO YOU AFTER YOU
ASK A QUESTION. DOES THAT MAKE SENSE?
MS. ROSENTHAL: SO IT DEPENDS ON THE
CIRCUMSTANCE, BUT THAT MAY FIT THE PROFILE OF PRICE FIXING, BUT I THINK
YOU'RE TALKING ABOUT RECOMMENDATIONS ABOUT GETTING AN ESTIMATE. NOT
A RECOMMENDATION, NOT AN AGREEMENT WHERE EVERYBODY GETS THEIR --
MR. BOLOGNA: CORRECT.
MS. ROSENTHAL: -- TRADES THEIR PRIVATE
INFORMATION AND PUBLIC INFORMATION AND THEN GETS A RECOMMENDATION
ON WHAT RENTS TO CHARGE AND THEREFORE ARTIFICIALLY INFLATING THE MARKET
AND THAT'S CALLED PRICE FIXING.
MR. BOLOGNA: SO WHAT --
MS. ROSENTHAL: AND THAT'S ILLEGAL WHETHER IT'S
HUMANS OR -- OR, YOU KNOW, USING MACHINE INTELLIGENCE. IT ALSO SAYS IN
-- IN THIS BILL THAT IT'S KNOWINGLY OR WITH RECKLESS DISREGARD.
MR. BOLOGNA: OKAY.
MS. ROSENTHAL: SO THAT'S AN IMPORTANT
COMPONENT OF THE BILL AS WELL.
MR. BOLOGNA: OKAY, THE RECKLESS DISREGARD.
OKAY. MS. ROSENTHAL, THANK YOU VERY MUCH. I APPRECIATE IT.
MS. ROSENTHAL: THANK YOU.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
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NYS ASSEMBLY JUNE 10, 2025
DAY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS BILL. IF ANYONE
WANTS TO VOTE YES, THEY MAY DO SO NOW AT THEIR SEATS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THE MAJORITY
CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION;
HOWEVER, THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN EXCEPTION.
THEY SHOULD FEEL FREE TO USE THEIR RIGHT. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. GALLAGHER TO EXPLAIN HER VOTE.
MS. GALLAGHER: THANK YOU, SPEAKER [SIC].
I AM VERY GRATEFUL FOR THIS BILL. I LIVE IN A DISTRICT
WHERE RENTS HAVE RISEN OVER 40 PERCENT BASED ON OPPORTUNITIES THAT
LANDLORDS HAVE TAKEN TO REALLY MAXIMIZE PROFIT AT THE COST OF MY
COMMUNITY MEMBERS' LIVELIHOODS. AND MANY OF THESE LANDLORDS ARE
NOT, "QUOTE UNQUOTE, MOM-AND-POP LANDLORDS"; THEY ARE INTERNATIONAL
PRIVATE EQUITY FIRMS THAT ARE USING THIS AS A WAY TO EXPLOIT THE MARKET.
HOUSING IS FOR PEOPLE, IT IS FOR COMMUNITIES AND IT IS TO BUILD
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CONNECTIONS AND CONTINUE LIVES AND I'M GRATEFUL TO THE SPONSOR FOR
PASSING THIS BILL THAT WILL HELP KEEP RENTS IN A REASONABLE LEVEL FOR
PEOPLE WHO LIVE IN OUR STATE. THANK YOU. I AM VOTING YES.
ACTING SPEAKER HUNTER: MS. GALLAGHER IN
THE AFFIRMATIVE.
MS. ROSENTHAL TO EXPLAIN HER VOTE.
MS. ROSENTHAL: THANK YOU, MADAM SPEAKER, TO
EXPLAIN MY VOTE.
UPON PASSAGE AND SIGNAGE, THIS WOULD BE A FIRST IN THE
NATION COMPREHENSIVE MEASURE THAT WILL BE OF GREAT USE TO THE
ATTORNEY GENERAL. I WOULD LIKE TO SINGLE OUT THE HOUSING STAFF OF THIS
COMMITTEE FOR THEIR YEOMAN'S WORK ON THIS THROUGHOUT THE BUDGET
PROCESS. CHRISTANA MAJEKODUNMI, MEGHAN -- MEGHAN FURCICK AND
FLETCHER WHYLAND SPENT MONTHS PERFECTING THIS BILL. I'D LIKE TO THANK
THE ATTORNEY GENERAL'S OFFICE, I'D LIKE TO THANK THE GOVERNOR'S OFFICE
AND I'D LIKE TO THANK THE SENATE FOR PASSING THIS AND USHERING IN A WAY
TO CONTAIN VIOLATIONS OF THE DONNELLY ACT, WHICH HAS BEEN THE LAW IN
THIS STATE SINCE 1899. AS TECHNOLOGY MATURES AND GROWS, WE HAVE TO
KEEP UP WITH IT AND THIS BILL DOES JUST THAT. AND I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER HUNTER: MS. ROSENTHAL IN
THE AFFIRMATIVE.
MR. DIPIETRO TO EXPLAIN HIS VOTE.
MR. DIPIETRO: THANK YOU, MADAM SPEAKER.
AS A LANDLORD MYSELF, THIS BILL DOES NOTHING BUT KILL --
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KILL THE HOUSING MARKET BECAUSE IT TAKES -- IT DISINCENTIVIZES ANYONE
WHO'S A LANDLORD FROM FIXING THEIR PROPERTY. WHEN YOU LOOK AT A
PROPERTY, YOU LOOK AT HOW MUCH IT'S GOING TO COST TO REHABILITATE, HOW
MUCH ARE THE TAXES, HOW MUCH ARE THE EXPENSES, WHAT'S IT GOING TO
COST? WITH THIS, YOU'RE GOING TO BE STUCK AND NO ONE -- WHAT HAPPENS
IS IT TAKES AWAY THE INVESTMENT. NO ONE'S GOING TO WANT TO INVEST IN
HOUSING. THE PROBLEM WITH HOUSING IN NEW YORK STATE IS IT'S BEEN SO
REGULATED THAT THE PEOPLE WHO WANT TO ACTUALLY INVEST IN THOSE MARKETS
WALK AWAY AND WILL NOT. SO THE HOUSING MARKET ACTUALLY DRIES UP. IT'S
A MATTER OF CAPITALISM, WHICH ACTUALLY DOESN'T WORK IN NEW YORK
STATE. RENT CONTROL HAS KILLED THE HOUSING MARKET IN THE CITY. WHEN
YOU TAKE AWAY AN INCENTIVE TO MAKE A PROFIT AND YOU TELL A LANDLORD
THEY CAN'T MAKE ANY MONEY BUT YET THEY HAVE TO KEEP UP THE
MAINTENANCE AND THE TAXES, WHAT DO THEY DO? THEY ABANDON
BUILDINGS. UNDER TRUE CAPITALISM, THE PEOPLE, IF THERE WAS -- IF THERE'S A
-- A MARKET FOR HOUSING, THEY WILL BUILD THE HOUSING BECAUSE THEY WILL
GET A RETURN ON THEIR INVESTMENT. THIS DOES NOTHING BUT KILL THE
HOUSING MARKET. IT DOES NOTHING BUT TELL LANDLORDS NOT TO INVEST IN NEW
YORK, NO WAY WE'RE GOING TO KEEP UP -- WE'RE GOING TO USE THIS AND TELL
US WHAT WE CAN OR CANNOT MAKE ON OUR UNITS.
SO, WITH THIS, I'LL BE VOTING IN THE NEGATIVE AND I'D
ENCOURAGE ALL OF MY FELLOW COMPATRIOTS TO DO SO ALSO.
ACTING SPEAKER HUNTER: MR. DIPIETRO IN THE
NEGATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
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MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE.
AS A LANDLORD AS WELL, I WOULD SAY THAT, YOU KNOW, I
THINK THAT THIS BILL MAKES A LOT -- A LOT OF SENSE BECAUSE YOU DON'T WANT
PEOPLE UNSCRUPULOUSLY TARGETING AN OPPORTUNITY TO MAKE SURE THAT YOU
HAVE TO PAY THEIR LEVEL OF RENT AS OPPOSED TO WHAT YOU CAN AFFORD. BUT
AT THE SAME TIME, WE HAVE TO REMEMBER THIS IS ABOUT TECHNOLOGY. AND
IT'S MOVING FAST. AND SO WHATEVER WE CREATE NOW OR TRY TO STOP IT,
GUARANTEED, PEOPLE WHO WANT TO BE UNSCRUPULOUS WILL FIND A WAY TO GET
AROUND IT. SO I SUPPORT THE DESIRE AND WHAT OUR SPONSOR HERE HAS TO DO
AND I CERTAINLY FAVOR VOTING FOR HER LEGISLATION. BUT I ASSURE YOU THAT
IT'S -- IT'S AN INDUSTRY THAT WE YET DO NOT UNDERSTAND AND I THINK, AS WAS
MENTIONED EARLIER BY MY COLLEAGUE ON THE OTHER SIDE OF THE AISLE, THERE
IS AN OPPORTUNITY TO LOOK AT WHAT AI IN ITS FULL POTENTIAL CAN DO TO US AS
A SOCIETY AND I THINK THAT WE SHOULD FOCUS ON THAT. THANK YOU FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE AND IT IS A YES.
ACTING SPEAKER HUNTER: MRS.
PEOPLES-STOKES IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULT.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF YOU
COULD NOW CALL THE HOUSE -- THE HOUSE AT EASE.
ACTING SPEAKER HUNTER: ON
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NYS ASSEMBLY JUNE 10, 2025
MRS. PEOPLES-STOKES' MOTION, THE HOUSE STANDS AT EASE.
(WHEREUPON, AT 5:26 P.M. THE HOUSE STOOD AT EASE.)
*******************************************************.
(WHEREUPON, AT 7:18 P.M. THE HOUSE WAS CALLED BACK
TO ORDER.)
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
MRS. PEOPLES-STOKES: THANK YOU. IF WE COULD
CONTINUE OUR FLOOR WORK. COLLEAGUES, WE'RE GONNA GO RIGHT TO RULES
REPORT NO. 425 BY MR. SIMONE, FOLLOWED BY RULES REPORT NO. 463 --
NO, RULES REPORT NO. 480 BY MS. PAULIN, AND THEN RULES REPORT NO.
482 BY MS. SOLAGES, RULES REPORT NO. 488 BY MR. OTIS, AND THEN
RULES REPORT NO. 463 BY MR. EPSTEIN. IN THAT ORDER, MADAM SPEAKER,
AND THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
PAGE 17, RULES REPORT NO. 425, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03665-A, RULES
REPORT NO. 425, SIMONE, WEPRIN, GONZÁLEZ-ROJAS, DINOWITZ, EPSTEIN,
GLICK, TAPIA, REYES. AN ACT TO REPEAL PARAGRAPHS (E), (F) AND (G) OF
SUBDIVISION 5 OF SECTION 36 OF THE MUNICIPAL HOME RULE LAW, RELATING
TO LIMITATIONS ON THE SUBMITTING OF A QUESTION TO THE QUALIFIED ELECTORS
OF A CITY WHEN THERE IS A QUESTION SUBMITTED BY A CHARTER COMMISSION.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
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NYS ASSEMBLY JUNE 10, 2025
MR. SIMONE.
MR. SIMONE: THE PURPOSE OF THIS BILL IS TO REMOVE
THE BUMPING POWERS OF A MAYOR WHEN IT COMES TO AMENDING A CITY
CHARTER. CITY CHARTERS MAY CURRENTLY BE AMENDED THROUGH VOTER
REFERENDUMS OR CHARTER REVISION COMMISSIONS CREATED BY CITY COUNCILS.
HOWEVER, CURRENT LAW ALLOWS A MAYOR TO BUMP PROPOSALS FROM EITHER
OF THESE SIMPLY BY PROPOSING THEIR OWN PROPOSALS NO MATTER THE
CONTENT OR SCOPE. THEY COULD EVEN JUST PUT A COMMA ON THE BALLOT AND
BUMP A CITY COUNCIL PROPOSAL. THIS BILL ENSURES NO MAYOR WOULD HAVE
THE POWER TO BLOCK THE ABILITY OF NEW YORKERS AND THEIR
REPRESENTATIVES FROM HAVING AN ISSUE CONSIDERED BY VOTERS.
ACTING SPEAKER HUNTER: MR. REILLY.
MR. REILLY: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. SIMONE: YES, I YIELD.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. REILLY: THANK YOU SO MUCH, MR. SIMONE.
SO WOULD -- WOULD THIS APPLY TO ALL MAYORS IN NEW
YORK STATE?
MR. SIMONE: IT WOULD APPLY FOR THE ENTIRE STATE,
YES.
MR. REILLY: OKAY. SO WHEN IT COMES TO THE -- THE
BUMPING THE QUESTION, RIGHT, HOW DOES THAT GET TRIG -- TRIGGERED?
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NYS ASSEMBLY JUNE 10, 2025
MR. SIMONE: SO, IT'S BEEN KNOWN IN THE PAST
SEVERAL MAYORS HAVE ABUSED THIS AND HAVE USED THE BUMPING PROVISION.
FOR INSTANCE, WHEN MAYOR GIULIANI WAS MAYOR, THERE WAS A
REFERENDUM ON YANKEE STADIUM THE COUNCIL PRESENTED. HE SIMPLY
BUMPED IT BY ADDING HIS OWN REFERENDUM. THIS WOULD CHANGE IT, AND
IN OTHER WORDS, ALLOW BOTH BALLOT MEASURES TO BE ON THE BALLOT, AND THE
ONE WITH THE MOST VOTES WOULD -- WOULD PASS, THE MOST VOTERS.
MR. REILLY: OKAY. SO BEING THAT BOTH -- THERE'S A
POTENTIAL FOR BOTH PROPOSALS TO BE ON A BALLOT, DO WE THINK THAT MAY BE
CONFUSING TO VOTERS?
MR. SIMONE: I DON'T THINK SO. AND CLEARLY, WE
NEED VOTER EDUCATION LIKE MY BILL I JUST PASSED THE OTHER NIGHT ABOUT
HAVING A FULL BALLOT MAILED TO VOTERS AND ALSO BE ON LINE 12 DAYS BEFORE
EARLY VOTING. SO PLENTY OF TIME FOR THEM TO READ. AND CLEARLY, IT'D BE
UP TO THOSE WHO PUT IT ON THE BALLOT TO EDUCATE VOTERS. THIS EMPOWERS
VOTERS. THIS ALSO PREVENTS FROM VOTER REFERENDUM AFTER GETTING TENS OF
THOUSANDS OF SIGNATURES TO NOT BE BUMPED OFF SIMPLY BECAUSE THE
MAYOR DOESN'T LIKE SOMETHING THAT HAPPENED IN THE PAST UNDER MAYOR
BLOOMBERG WHEN THEY TRIED TO PUT A REFERENDUM ON CLASS SIZE.
MR. REILLY: HMM. SO I'M THINKING BACK TO OUR
PAST. NOT TOO LONG AGO WE HAD AN ELECTION AND WE HAD ABOUT FIVE
PROPOSALS ON A BALLOT, AND THERE WAS A LOT OF MISINFORMATION AND THINGS
THAT WERE CONFUSING TO SOME OF OUR -- TO SOME OF THE ELECT -- YOU KNOW,
THOSE IN THE ELECTORATE AND THEY -- THERE WAS A SHORTFALL IN THE
COMMUNICATION PIECE. WHAT COULD WE DO TO ENSURE THAT THAT WON'T
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NYS ASSEMBLY JUNE 10, 2025
HAPPEN IF THIS BILL PASSES?
MR. SIMONE: THAT'S A GOOD QUESTION. I DO THINK IN
-- IN THE PRIOR BALLOT PROPOSALS IN THE LAST ELECTION THERE WASN'T ENOUGH
INFORMATION OUT THERE FOR VOTERS AND NOT ENOUGH ORGANIZING AROUND
INFORMING WHAT THOSE PROVISIONS ACTUALLY DID. AND THIS IS NOT TO SINGLE
OUT ANY MAYOR. THIS HAS BEEN ABUSED BY MANY MAYORS IN THE PAST.
BUT THE LAST PROPOSALS WERE ABOUT GOVERNMENT EFFICIENCY, AND I READ
THEM SEVERAL TIMES AND EVEN HAD MY PREDECESSOR, WHO'S BEEN THE
SPONSOR OF THIS BILL FOR DECADES, WAS CONFUSED ON WHAT THOSE BALLOT
MEASURES EVEN MEANT. AND IT SEEMED THAT THE CURRENT MAYOR USED IT
JUST TO BUMP OFF THE CITY COUNCIL PROPOSALS.
MR. REILLY: SO WHAT -- HOW OLD -- HOW OLD IS THIS
BILL IN -- HAS -- HAS IT BEEN -- WHEN WAS THE FIRST TIME IT WAS
INTRODUCED?
MR. SIMONE: THAT WAS A DIFFERENT FORM OF THIS BILL.
THIS BILL ONLY HAS THE BUMPING PROVISION. THE PRIOR BILL HAD A TIMELINE
AS WELL. SO THIS IS THE FIRST ORIGIN OF THE NEW BILL WHICH ONLY GETS RID OF
THE BUMPING PROVISION. THERE'S NO TIMELINE.
MR. REILLY: ALL RIGHT. SO ONE OF THE THINGS THAT
CAME TO MIND AS I WAS RESEARCHING THE BILL IS WHEN IT COMES TO, I
GUESS, INTEREST GROUPS ADVOCATING FOR THE POSSIBLE PROPOSALS THAT ARE
GOING TO BE RIVALING EACH OTHER, IS THERE GOING -- DOES THIS BILL HAVE
ANYTHING TO SAFEGUARD HOW THAT HAPPENS?
MR. SIMONE: COULD YOU REPEAT THAT? I DIDN'T
UNDERSTAND YOUR QUESTION.
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NYS ASSEMBLY JUNE 10, 2025
MR. REILLY: SO BASICALLY, POLITICIZING THE TWO
PROPOSALS. IS THERE ANYTHING THAT COULD BE PUT IN PLACE TO STREAMLINE
WHO'S BEHIND EACH PROPOSAL, WHO'S BACKING THEM?
MR. SIMONE: I -- I -- YEAH. THIS -- THIS LEGISLATION
JUST SAYS IT SHOULDN'T ONLY BE THE MAYOR WHO GETS TO PICK WHAT'S ON THE
BALLOT.
MR. REILLY: SO IF THIS -- IF THIS IS PASSED AND IT
MOVES FORWARD AND GETS SIGNED INTO LAW AND THE -- THE BUMPING RULE IS
-- IS NO LONGER IN EXISTENCE, WOULD THAT MEAN THAT THERE'S -- THERE'S
POTENTIAL FOR MORE FREQUENT BALLOT QUESTIONS WITHOUT A CHARTER
COMMISSION?
MR. SIMONE: SURE.
MR. REILLY: SO HOW OFTEN COULD THAT HAPPEN?
MR. SIMONE: I -- I BELIEVE IT COULD HAPPEN EVERY
ELECTION IF THEY HAVE THE SIGNATURES TO GET IT ON THE BALLOT.
MR. REILLY: OKAY. HOW OFTEN DO WE HAVE A
CHARTER REVISION?
MR. SIMONE: A LOT. AS A MATTER OF FACT, MAYORS
USE IT NOW TO BUMP OFF OTHER CHARTER COMMISSIONS WORKING ON ISSUES
THAT VOTERS CARE ABOUT.
MR. REILLY: OKAY. WHAT KIND OF IMPACT COULD IT
HAVE ON BOARDS OF ELECTIONS? FINANCIALLY, WHAT KIND OF IMPACT?
MR. SIMONE: THERE'S NO FISCAL IMPACT.
MR. REILLY: THERE'S NO FISCAL IMPACT AT ALL?
MR. SIMONE: WE DON'T THINK SO, NO.
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MR. REILLY: FOR -- WHAT IF THERE'S MULTIPLE
PROPOSALS ON A BALLOT?
MR. SIMONE: IT'S JUST LIKE NOW, THEY STILL HAVE TO
PRESENT ONE BALLOT BY A DEADLINE.
MR. REILLY: OKAY. ALL RIGHT.
(PAUSE)
SO GETTING BACK TO WHAT -- WHAT I STARTED WITH EARLIER
ABOUT THE TWO PROPOSALS THAT MAY BE CONTRARY TO EACH OTHER, RIGHT?
HOW WOULD THAT -- ARE WE GOING TO ENSURE THAT THERE ISN'T A MISTAKE
WHERE PEOPLE VOTE FOR BOTH PROPOSALS?
MR. SIMONE: WELL, IN THE END THE ONE WITH THE
MOST AFFIRMATIVE VOTES WOULD PASS AND THE OTHER ONE WOULDN'T.
MR. REILLY: SO IS THERE -- IS -- IN THE BILL IS IT
GONNA BE DELINEATED THAT THERE HAS TO BE A COLUMN A, COLUMN B? OR
WHAT IF THERE'S THREE PROPOSALS? HOW WILL WE --
MR. SIMONE: THAT'S ALREADY EXISTING STATE LAW.
MR. REILLY: HOW -- HOW DOES THAT WORK NOW?
(CONFERENCING)
MR. SIMONE: IT -- IT SIMPLY SAYS THE PROVISIONS JUST
APPEAR ON THE BALLOT IF THEY'VE GOT ENOUGH SIGNATURES TO APPEAR ON THE
BALLOT, AND THEN WHICHEVER GETS MORE VOTES PASSES.
MR. REILLY: SO IF EVERY VOTER WALKS IN AND VOTES
ON, SAY THERE'S THREE PROPOSALS, RIGHT? ONE AND TWO ARE CONTRADICTING
EACH OTHER AND THERE'S A THIRD, AND ALL THREE PROPOSALS GET THE SAME
AMOUNT OF VOTES. WHAT HAPPENS?
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MR. SIMONE: I MEAN, IT COULD -- IT WOULD PROBABLY
GO TO COURT.
MR. REILLY: OKAY. ALL RIGHT.
MR. SIMONE: IF IT WAS TIED, BUT THE CHANCES OF THAT
ARE -- IT HASN'T HAPPENED YET.
MR. REILLY: BECAUSE I'M THINKING ABOUT THE LAST
TIME WE'VE HAD THE FIVE PROPOSALS. THERE WASN'T ANYTHING THAT REALLY
WENT AGAINST EACH OTHER, RIGHT? SO IS THERE -- THAT'S THE -- THAT'S THE
PIECE THAT'S VERY CONFUSING, RIGHT, THAT NOW WE'RE GONNA HAVE
CONTRADICTING PROPOSALS. IT COULD CONFUSE THE ELECTORATE.
MR. SIMONE: SURE. THAT'S WHY YOU NEED MORE
VOTER EDUCATION, LIKE MY BILL TO PUT THE BALLOTS OUT 12 DAYS BEFORE.
MR. REILLY: ALL RIGHT. IS THERE ANY FUNDING FOR --
FOR THAT?
MR. SIMONE: IS THERE WHAT?
MR. REILLY: IS THERE FUNDING FOR THAT?
MR. SIMONE: THERE'S NO FISCAL IMPACT FOR THAT,
EITHER, BECAUSE RIGHT NOW THEY HAVE TO TRANSMIT CANDIDATE INFORMATION
BEFORE A CERTAIN TIME. THE BILL THAT PASSED THE OTHER NIGHT ABOUT THE
12-DAY NOTIFICATION JUST CLARIFIES THAT THAT'S 12 DAYS BEFORE EARLY VOTING.
WE JUST CHANGED IT FOR FOLKS TO KNOW THAT IT HAS TO BE IN TIME FOR THE
STATE BOARD OF ELECTIONS 12 DAYS PRIOR TO GIVE MORE TIME SO VOTERS CAN
READ THE BALLOT.
MR. REILLY: SO IF WE HAVE MULTIPLE PROPOSALS AND
THEY'RE CONTRADICTORY, YOU DON'T THINK THERE'S A FISCAL IMPACT TO BOARDS
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OF ELECTIONS OR...
MR. SIMONE: NO, BECAUSE NOW MAYORS CAN HAVE
MULTIPLE PROPOSALS NOW, ALREADY.
MR. REILLY: WOULD THERE BE CONTRADICTING
PROPOSALS ON THAT IF A MAYOR PUTS IT OUT FROM A -- FROM A CHARTER
REVISION COMMISSION?
MR. SIMONE: I MEAN, IT JUST GIVES THE VOTERS MORE
CHOICE. SO IF THE MAYOR PUTS CONTRADICTING PROPOSALS, THE VOTERS NEED
TO EDUCATE THEMSELVES ON WHICH PROPOSAL THEY PREFER.
MR. REILLY: HAS A MAYOR EVER DONE THAT IN THE
HISTORY OF NEW YORK STATE?
MR. SIMONE: IT'S A -- IT'S A LONG HISTORY. WE CAN
GET BACK TO YOU ON THAT.
MR. REILLY: ALL RIGHT. IN RECENT -- IN MODERN
HISTORY, HAVE YOU -- LET'S GO BACK TO 2005 WHEN A VERSION OF THIS BILL,
RIGHT, WAS INTRODUCED. HAS THERE EVER BEEN A CHARTER COMMISSION THAT
PUT ON TWO PROPOSALS THAT ACTUALLY CONTRADICTED EACH OTHER?
(CONFERENCING)
MR. SIMONE: IT'S A STATEWIDE BILL, SO I CAN'T SPEAK
TO EVERY CITY IF THEY'VE DONE THAT OR NOT.
MR. REILLY: OKAY. ALL RIGHT. SO IS THERE -- IS
THERE ANYTHING THAT COULD BE DONE TO ENSURE THAT A CLEAR, DELINEATED
METHOD AND PROCESS FOR OUR BOARD OF ELECTIONS TO FOLLOW SO WE COULD
REDUCE AND MAKE IT MORE CLEAR FOR VOTERS? I KNOW THAT YOU MENTIONED
THAT EARLIER A LITTLE BIT. CAN YOU GO INTO A LITTLE BIT MORE DEPTH ON THAT?
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MR. SIMONE: THERE'S A CLEAR -- CLEAR PROCESS NOW,
BUT CLEARLY WE'RE OPEN TO CLARIFY FURTHER IN THE NEW LEGISLATION IF WE
MADE -- MAKE IT CLEARER.
MR. REILLY: SO JUST TO GIVE US A LITTLE BASELINE OF
WHAT THAT MAY ENTAIL, CAN YOU GIVE US AN EXAMPLE? JUST ANY -- ANY
IDEAS THERE?
(CONFERENCING)
MR. SIMONE: WE'LL ENACT THIS BILL FIRST AND SEE IF
IT'S SIGNED, AND THEN WE CAN GO BACK AND AMEND IT IF WE FEEL THERE'S
FURTHER CONFUSION.
MR. REILLY: OKAY. THANK YOU, MR. SIMONE.
MR. SIMONE: THANK YOU.
MR. REILLY: MADAM SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. REILLY: SO -- SO I THINK PART OF THE -- THE ISSUE
IS THAT THERE'S NO REAL CLARITY OF HOW WE'RE GONNA DELINEATE WHEN THERE'S
MULTIPLE PROPOSALS ON A BALLOT, POTENTIALLY, THAT CONTRADICT EACH OTHER.
AND WE'RE ALWAYS TALKING ABOUT MAKING SURE THAT WE GIVE THE BENEFIT
OF THE DOUBT TO VOTERS AND WE -- WE MAKE THINGS CLEAR TO THEM. I THINK
THIS -- THIS SPECIFIC PIECE OF LEGISLATION MAY BE MUDDYING THE WATER
THERE. AND I THINK WE SHOULD JUST TAKE SOME TIME TO -- TO REALLY LOOK AT
THIS AND SEE HOW MAYBE POTENTIALLY COMING UP WITH A PLAN WHERE I'VE
HEARD IN DISCUSSIONS THAT WE HAVE MULTIPLE PEOPLE IN CITIES -- IN CITY
GOVERNMENT APPOINT PEOPLE TO A COMMISSION AND GET TO A POINT WHERE
POSSIBLY THEY COME UP WITH A CHARTER REVISION COMMITTEE WHERE YOU
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GIVE MAYBE THE CITY COUNCIL, A MAYOR, IN NEW YORK CITY MAYBE THE
BOROUGH PRESIDENTS, THE OPPORTUNITY TO PUT SOMEONE ON THAT
COMMISSION. SO THEN YOU GET A MORE FAIR AND BALANCED LEGISLATIVE
PROCESS AND INTRODUCE IT TO THE VOTERS. SO I'M HOPING THAT MAYBE THAT
DISCUSSION CAN CONTINUE.
MADAM SPEAKER, THANK YOU SO MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
MR. TANNOUSIS.
MR. TANNOUSIS: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. SIMONE: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. TANNOUSIS: THANK YOU, MR. SIMONE. I JUST
-- JUST TO -- FOR CLARITY PURPOSES.
SO WITHOUT THE ENACTMENT OF THIS LEGISLATION, WHEN THE
CHARTER REVISION COMMISSION MAKES SOME KIND OF RECOMMENDATION,
THAT RECOMMEND -- THAT POTENTIAL BALLOT QUESTION WOULD BE THE ONLY ONE
THAT WOULD SHOW UP ON THAT BALLOT, CORRECT?
MR. SIMONE: CORRECT.
MR. TANNOUSIS: AND WITH THIS LAW THAT YOU'RE
TRYING TO PASS TONIGHT, IT WOULD ALLOW FOR POTENTIALLY MULTIPLE QUEST --
BALLOT QUESTIONS TO BE APPEAR ON A BALLOT, CORRECT?
MR. SIMONE: CORRECT. AND THAT -- CURRENTLY, THE
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MAYOR CAN PUT SEVERAL PROPOSALS AT ONCE.
MR. TANNOUSIS: BUT THIS, MR. SIMONE, WOULD
ALSO ALLOW OTHER ENTITIES BEYOND THE MAYOR TO SUBMIT QUESTIONS,
CORRECT?
MR. SIMONE: YES.
MR. TANNOUSIS: INCLUDING THE NEW YORK CITY
COUNCIL?
MR. SIMONE: CORRECT.
MR. TANNOUSIS: NOW, THIS IS A LAW, OBVIOUSLY,
THAT AFFECTS THE ENTIRE STATE. BUT YOU YOURSELF, MR. SIMONE, REPRESENT
MANHATTAN.
MR. SIMONE: CORRECT.
MR. TANNOUSIS: CORRECT? SO IS IT FAIR TO SAY THAT
YOU HAD NEW YORK CITY IN MIND TONIGHT IN PASSING THIS LEGISLATION?
MR. SIMONE: YES, BECAUSE PRIOR MAYORS HAVE
ABUSED THIS POWER.
MR. TANNOUSIS: SAY THAT AGAIN?
MR. SIMONE: BECAUSE PRIOR MAYORS IN NEW YORK
CITY HAVE ABUSED THE BUMPING POWER. IT ONLY ACTUALLY EXISTED AFTER
1958 BECAUSE OF THE TAMMANY HALL DISPUTE. IT WASN'T MEANT TO BE
PERMANENT.
MR. TANNOUSIS: OKAY. SO IT LED ME TO MY OTHER
QUESTION, WHICH IS WHAT LED YOU TO THIS PIECE OF LEGISLATION TONIGHT,
WHICH YOU JUST ANSWERED. CAN YOU PLEASE ELABORATE IN INSTANCES WHERE
YOU HAVE YOURSELF HAVE SEEN THAT ABUSE?
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MR. SIMONE: SURE. WHAT LED THIS -- MY
PREDECESSOR CARRIED THIS BILL, DICK GOTTFRIED, ALONG WITH SENATOR LIZ
KRUEGER IN THE SENATE. BASICALLY, WE DON'T THINK IT'S EVER A WRONG TIME
TO ENSURE THAT THERE'S A BALANCE OF POWER. THE MAYOR CLEARLY IN NEW
YORK CITY HAS MUCH MORE POWER THAN THE CITY COUNCIL. BUT WE'VE
SEEN IT BE ABUSED WHERE THERE'S BEEN ACTUAL LEGITIMATE SUBSTANTIVE
PROPOSALS BY THE CITY COUNCIL, THE MAYOR JUST BUMPS, FOR INSTANCE,
RECENTLY, ABOUT CONFIRMING COMMISSIONERS LIKE CONGRESS DOES AND
STATE LEGISLATURES DO, AND THE CURRENT MAYOR JUST BUMPED THAT BECAUSE
HE DIDN'T LIKE IT.
MR. TANNOUSIS: OKAY. SO THIS IS BASICALLY IN
RESPONSE TO THE ACTIONS OF THE CURRENT MAYOR, MAYOR ADAMS?
MR. SIMONE: NO. IT'S NOT IN RESPONSE TO ANY ONE
MAYOR.
MR. TANNOUSIS: OKAY. BUT YOU JUST REFERENCED
CERTAIN ACTIONS THAT OCCURRED. WERE YOU REFERRING TO THE ACTIONS OF
MAYOR ADAMS?
MR. SIMONE: SURE. IT WAS AN EXAMPLE OF HOW THEY
USE THE BUMPING PROVISION.
MR. TANNOUSIS: AND WHEN YOU ARE REFERRING TO
THESE EXAMPLES, ARE YOU TALKING ABOUT THE CURRENT COMMISSION THAT IS
CURRENTLY IN PLACE AND CURRENTLY ACTIVE?
MR. SIMONE: I AM NOT.
MR. TANNOUSIS: YOU'RE NOT?
MR. SIMONE: NO.
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MR. TANNOUSIS: OKAY.
OBVIOUSLY WE HAVE ELECTIONS COMING UP IN NEW YORK
CITY, MR. SIMONE, CORRECT? AND WE STILL DON'T KNOW AT THIS POINT WHO
THE NEW MAYOR, POTENTIALLY, OF NEW YORK CITY WILL BE COME JANUARY,
IS THAT RIGHT? SO WHAT LAW YOU PASS TODAY WILL AFFECT WHOEVER THAT
INDIVIDUAL MAY BE THAT' ELECTED THE NEXT MAYOR, WHETHER IT'S MAYOR
ADAMS OR ANYONE ELSE.
MR. SIMONE: SO IT WOULD DEPEND ON WHEN THE
GOVERNOR SIGNS IT. SHE WOULD HAVE TO SIGN IT THIS SUMMER. THIS MOST
LIKELY WOULDN'T GO INTO EFFECT UNTIL 2026.
MR. TANNOUSIS: OKAY.
WAS THE OFFICE OF THE MAYOR IN FAVOR OF THIS PIECE OF
LEGISLATION?
MR. SIMONE: WE HAVEN'T HEARD FROM THEM.
MR. TANNOUSIS: OKAY. WELL, IT'S FAIR TO SAY THAT
THEY ARE NOT, RIGHT, MR. SIMONE? OKAY. IS THE CONFERENCE OF MAYORS
IN FAVOR OF THIS PIECE OF LEGISLATION?
MR. SIMONE: I HAVEN'T TALKED TO THEM EITHER.
MR. TANNOUSIS: OKAY. ARE YOU AWARE THAT THEY
CAME OUT AGAINST THIS PIECE OF LEGISLATION, STATING THAT ALLOWING
MULTIPLE CHARTER AMENDMENTS TO BE PLACED ON THE SAME BALLOT WOULD BE
USED BY SOME AS POLITICAL OPPONENTS TO SABOTAGE PROPOSED CHARTER
AMENDMENTS BY CREATING CONFUSION ABOUT SUCH AMENDMENTS THAT A
MAJORITY OF THE CITY'S RESIDENTS WOULD OTHER -- OTHERWISE SUPPORT?
MR. SIMONE: LOOK, I HAVE FAITH IN THE VOTERS. I
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REPRESENT A VERY EDUCATED ELECTORATE. IT'S CLEAR WHEN I READ THE LAST
BALLOT MEASURES AND MY HUSBAND, WHO'S NOT POLITICALLY ACTIVE AS I AM,
BUT A PRETTY SMART GUY, THAT THOSE BALLOT MEASURES THAT WERE PUT ON BY
THIS CURRENT MAYOR, AS PREVIOUS MAYORS, SIMPLY TO BUMP WHAT THE CITY
COUNCIL WAS TRYING TO PUSH, REPRESENTING THEIR CONSTITUENTS. I THINK IN
A TRUE DEMOCRACY YOU SHOULD EXPAND MORE OPTIONS FOR FOLKS TO PUT ON
THE BALLOT, NOT LESS.
MR. TANNOUSIS: OKAY. THREW ME OFF.
(LAUGHTER)
MR. SIMONE: HAPPY COLLEAGUE.
MR. TANNOUSIS: SO -- OKAY. SO JUST TO BE -- AND
-- AND I -- BUT I JUST WANT TO BE CLEAR, AND I APPRECIATE YOUR RESPONSES.
THIS PIECE OF LEGISLATION, YOU WOULD ADMIT, LIMITS THE POWERS OF THE
MAYOR?
MR. SIMONE: SURE. AND I THINK THE -- IT WOULD --
THE MAYOR OF NEW YORK CITY SPECIFICALLY, AS AN EXAMPLE, STILL HAS A
MUCH UNBALANCED, MUCH MORE POWER THAN THE CITY COUNCIL.
MR. TANNOUSIS: ALL RIGHT. THANK YOU SO MUCH
FOR YOUR TIME.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. TANNOUSIS: THIS PIECE OF LEGISLATION IS A
DIRECT RESPONSE TO CERTAIN EVENTS THAT ARE OCCURRING IN THE CITY OF NEW
YORK, INCLUDING THE CURRENT CHARTER REVISION COMMISSION THAT IS
PARTAKING IN NEW YORK CITY. I HAVE MADE NO BONES ABOUT THE FACT THAT
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SOMETIMES I HAPPEN TO AGREE WITH CERTAIN THINGS WITH THE MAYOR,
SOMETIMES I CERTAINLY DO NOT AGREE WITH THE MAYOR. AND I CERTAINLY
DID NOT HAVE A GREAT RELATIONSHIP WITH THE PRIOR MAYOR, PRIOR TO THIS
MAYOR, MAYOR DE BLASIO. PUTTING THAT ASIDE, I THINK THAT THIS PIECE OF
LEGISLATION IS CONFUSING. AND I THINK THERE IS A REASON WHY THE MAYOR
OF THE CITY OF NEW YORK, NO MATTER WHO THAT PERSON MAY BE, HAS
CERTAIN POWERS VESTED IN HIM OR HER. AND I DO NOT BELIEVE THAT
STRENGTHENING, POTENTIALLY, OTHER ENTITIES SUCH AS THE NEW YORK CITY
COUNCIL AND PUTTING -- GIVING THEM THIS AMOUNT OF POWER IN TERMS OF
PUTTING A POTENTIAL BALLOT IN FRONT OF THE VOTERS EVEN KEEL WITH THE
MAYOR OF NEW YORK I THINK IS A GOOD IDEA IN TERMS OF HOW NEW YORK
CITY IS RUN, HOW NEW YORK CITY GOVERNMENT OPERATES.
I WILL BE VOTING AGAINST THIS PIECE OF LEGISLATION.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. WEPRIN.
MR. WEPRIN: ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. WEPRIN: I SERVED IN THE NEW YORK CITY
COUNCIL FROM 2002 THROUGH 2009. AND WE HAD MANY VERY VALID, VERY
GOOD PROPOSALS IN THE CITY COUNCIL, AND EVERY ONE OF THEM WAS
BUMPED BY AT THE -- BY MAYOR BLOOMBERG AT THE TIME. BUT THEY WERE
NOT FOR SUBSTANTIVE REASONS. THEY WERE DONE TO -- JUST TO NOT ALLOW OUR
PROPOSALS TO BE AIRED.
THIS IS A VERY DEMOCRATIC PROPOSAL. IT ALLOWS FOR
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VOTER INPUT TO -- TO A WIDE VARIETY, AND I THINK THAT THIS IS SOMETHING
THAT WE -- WE CAN USE STATEWIDE, BUT CERTAINLY IT'S SOMETHING THAT IS A
DEMOCRATIC PROPOSAL TO ALLOW MANY, MANY DIFFERENT PROPOSALS TO BE
AIRED AND BE VOTED ON BY THE VOTERS.
SO I STRONGLY SUPPORT THIS BILL.
ACTING SPEAKER HUNTER: THANK YOU.
MR. YEGER.
MR. YEGER: THANK YOU, MADAM SPEAKER.
I, TOO, SERVED ON THE NEW YORK CITY COUNCIL --
ACTING SPEAKER HUNTER: ARE YOU ON THE BILL,
SIR?
MR. YEGER: ON THE BILL, MADAM. THANK YOU.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. YEGER: I, TOO, SERVED ON THE NEW YORK CITY
COUNCIL. NOT AS LONG AS THE PREVIOUS SPEAKER, SLIGHTLY SHORTER, BUT ALSO
AT A DIFFERENT TIME AND A DIFFERENT MOMENT. AND I THINK IT'S FAIR TO SAY
THAT THE COUNCIL THAT THE GENTLEMAN SERVED IN HAD A REPUTATION OF BEING
SLIGHTLY MORE RESPONSIBLE THAN THE COUNCIL THAT I LEFT. THERE'S A REASON
-- OF COURSE, THERE'S A REASON THAT THE MAYOR, IS A PROPHYLACTIC MEASURE,
A STOPGAP, A FINGER IN THE DAM, TO STOP THE INSANITY OF THE CITY COUNCIL
WHEN IT WANTS TO DO SOMETHING TO DESTROY NEW YORK CITY, WHICH HAS
BEEN ITS POSITION AS A GENERAL RULE FOR THE LAST SEVERAL YEARS. AND IT'S
NOT NECESSARILY ANTI-DEMOCRATIC TO HAVE A CHIEF EXECUTIVE OFFICER BE
ABLE TO PRESIDE OVER A CITY AND STOP BAD THINGS FROM HAPPENING. I THINK
THAT'S WHAT WE EXPECT OF THE MAYOR. THE CITY COUNCIL CAN PASS
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LEGISLATION, CAN SEND IT TO THE MAYOR FOR SIGNATURE. HE CAN APPROVE IT,
HE CAN VETO IT, JUST LIKE WHAT WE HAVE UP HERE, AND THEN THE COUNCIL
CAN OVERRIDE, WHICH IN THE TIME OF THE GENTLEMAN, THAT WAS DONE AND
ALSO IN THE TIME THAT I LEFT THE COUNCIL THAT WAS DONE. SO THERE IS
DEMOCRACY, IF YOU WILL. BUT YOU DO NEED TO HAVE A TIEBREAKER WHEN
THE COUNCIL, AS IT WILL AND AS IS ITS WAY, DOES SOMETHING IRRESPONSIBLE.
YOU GOTTA HAVE A GUY WHO SAYS THERE'S A WAY TO STOP IT. THAT'S WHY WE
HAVE THE BUMPING PROVISION IN THE STATUTE IN NEW YORK STATE LAW, SO
THAT MUNICIPALITIES CAN'T JUST HAVE CHAOS. AND THEY CAN'T JUST HAVE
ANYTHING PUT ON THE BALLOT WHENEVER. THERE HAS TO BE A TIEBREAKER, AN
UMPIRE. AND THE STATUTE WAS DESIGNED TO CREATE THE UMPIRE POSITION
AND GIVE IT TO THE MAYOR. I DON'T THINK RIGHT NOW, AT THIS TIME, GIVEN
THE CURRENT CITY COUNCIL THAT WE HAVE AND PERHAPS IF THE MAYOR IS A
DIFFERENT MAYOR NEXT YEAR, WE MAY HAVE A DIFFERENT CONVERSATION AND I
MAY HAVE CHANGED MY POSITION. BUT AS IT STANDS RIGHT NOW WITH THIS
CITY COUNCIL AND THIS MAYOR, THIS PROVISION AND STATUTE, WE NEED IT.
WE NEED IT IN NEW YORK CITY. AS A NEW YORK CITY RESIDENT, I'M
TELLING YOU, IT'S SOMETHING THAT I NEED, SOMETHING THAT MY CONSTITUENTS
NEED. I'M GLAD IT'S THERE AND I HAVE TO VOTE NO ON THIS BILL.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. CARROLL.
MR. R. CARROLL: ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. R. CARROLL: THANK YOU SO MUCH.
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NYS ASSEMBLY JUNE 10, 2025
CLEARLY, THERE'S AN ISSUE IN NEW YORK CITY WHEN IT
COMES TO BALLOT PROPOSALS. IT IS IMPOSSIBLE FOR THE COUNCIL OR FOR
AVERAGE CITIZENS TO PUT A MEANINGFUL PROPOSAL FORWARD TO THE VOTERS.
WE HAVE THAT POWER HERE IN THIS HOUSE AND ACROSS THE HALLWAY IN THE
SENATE. WE SHOULD MAKE SURE THAT THERE IS A WAY FOR THE VOTERS OF
NEW YORK CITY AND FOR THE NEW YORK CITY COUNCIL TO HAVE THAT SAME
POWER AND TO BE ABLE TO PERFORM THEIR OWN CIVIC DUTY.
THAT BEING SAID, I DO THINK THERE IS VAGUENESS IN THIS
BILL. AND THERE NEEDS TO BE SOME STRICTER GUIDELINES TO MAKE SURE THAT
THERE'S SOME RULES OF THE ROAD SO THAT WE DO NOT CONFUSE VOTERS, WE DO
NOT HAVE BALLOT INITIATIVES THAT RUN IN THE DOZENS.
THAT BEING SAID, I STILL AM IN FAVOR OF THIS BILL AND I
WILL BE VOTING FOR IT AND I LOOK FORWARD TO WORKING WITH THE SPONSOR,
WORKING WITH ADVOCATES AND EVERYONE HERE TO MAKE SURE THAT WE
PERFECT IT IN THE FUTURE. BUT I SUPPORT THIS PROPOSAL AND I HOPE THE
OTHER MEMBERS OF THIS BODY DO THE SAME.
MADAM SPEAKER, THANK YOU SO MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
MS. GLICK.
MS. GLICK: THANK YOU, MS. [SIC] SPEAKER. THE
MEASURE BEFORE US --
ACTING SPEAKER HUNTER: ON THE BILL?
MS. GLICK: ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. GLICK: THE MEASURE BEFORE US IS IMPORTANT.
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NYS ASSEMBLY JUNE 10, 2025
WE HAVE HAD PRIOR MAYORS, I WOULD SAY, ALMOST ABUSE THIS, THEIR ABILITY
TO PUT THINGS ON THE BALLOT BY BUMPING OTHER MEASURES THAT WERE PUT BY
THE REPRESENTATIVES OF THE PEOPLE, THE COUNCIL, TO GET THEM OFF THE -- OFF
THE BALLOT. IN ADDITION, IN THE LAST FEW YEARS THE CURRENT MAYOR HAS
ENGAGED IN A PROCESS OF PUTTING MEASURES -- COMMISSIONS TOGETHER TO
PUT MEASURES ON THE BALLOT IN A WAY THAT IS TOTALLY ANTITHETICAL TO WHAT
HAD HAPPENED IN THE PAST. THERE WOULD BE A CHARTER COMMISSION
REVISION. THERE WOULD BE PRESENTATIONS TO EVERY COMMUNITY BOARD.
QUESTIONS COULD BE ASKED AT THE COMMUNITY BOARDS. THIS HAS BEEN
THREE HEARINGS IN THE DEAD OF THE SUMMER WHEN NOBODY IS AROUND, WITH
VERY LITTLE NOTICE, AND ALMOST AN IMPOSSIBILITY TO FIND OUT INFORMATION
ABOUT WHERE AND WHEN THEY WERE HAPPENING.
SO THIS HAS BEEN AN EXECUTIVE OVERREACH THAT NEEDS
SOME COUNTERWEIGHT. SO I APPRECIATE MY COLLEAGUE BRINGING FORTH --
FORTH THIS BILL TO RESTORE A LITTLE BIT OF CHECKS AND BALANCES WHICH WE
SEE ACROSS THE COUNTRY BEING ERODED BY HIGH-HANDED EXECUTIVES FROM
WASHINGTON TO NEW YORK CITY.
SO I APPRECIATE THE BALLOT INITIATIVE DISCUSSION, BUT I
HAVE CONFIDENCE THAT THE WAY IN WHICH THE BILL HAS BEEN DRAFTED AND
THE FACT THAT PEOPLE WILL BE ABLE TO ENGAGE, PERHAPS, A LITTLE BIT MORE
THAN WHAT HAS HAPPENED UNDER THE CURRENT MAYOR THAT WE WILL SEE MORE
DEMOCRATIC INPUT UNDER THIS MEASURE THAN WE HAVE SEEN IN THE LAST
NUMBER OF YEARS UNDER THE CURRENT MAYOR.
I URGE A YES VOTE.
ACTING SPEAKER HUNTER: THANK YOU.
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NYS ASSEMBLY JUNE 10, 2025
MR. LASHER.
MR. LASHER: THANK YOU, MADAM SPEAKER.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. LASHER: I APPRECIATE THE SPONSOR'S GOOD WORK
ON THIS BILL, AND I SHARE SOME OF THE CONCERNS THAT HAVE BEEN EXPRESSED
WITH REGARD TO THE WAY THAT MAYORS OF THE CITY OF NEW YORK HAVE USED
THEIR BUMPING POWER IN WAYS THAT MAY NOT BE IN THE PUBLIC INTEREST.
I THINK IT IS A HARD THING TO KNOW WHETHER AT ANY GIVEN
TIME A MAYOR OR A CITY COUNCIL IS GOING TO BE MORE OR LESS RESPONSIBLE,
AND I THINK IT'S HARD TO LEGISLATE ON THAT BASIS. BUT I DO HAVE SOME
CONCERNS ABOUT THE BILL, NONETHELESS. FIRST, I THINK THAT THE WAY THAT
THE CURRENT LAW THAT THIS BILL WOULD AMEND DEALS WITH THE PROSPECT OF
CONFLICTING AMENDMENTS BASICALLY SAYS WHICHEVER -- WHICHEVER
PROPOSAL GETS THE MORE VOTES, THAT ONE PREVAILS. THAT SUGGESTS THAT
YOU'RE GONNA HAVE MULTIPLE PROPOSALS THAT ARE SORT OF DIRECTLY
COMPETING. THAT IT'S EITHER A OR B. BUT THE REALITY IS THAT YOU'RE
PROBABLY GONNA HAVE PROPOSALS THAT ARE SORT OF MORE COMPLEXLY
CLASHING WITH ONE ANOTHER. MAYBE AMENDING THE SAME PART OF
GOVERNMENT IN SLIGHTLY DIFFERENT WAYS. AND THE NOTION OF HOW A COURT
WOULD SORT THAT OUT, WE HAVEN'T TESTED IT BECAUSE WE HAVEN'T HAD THIS
PROBLEM BECAUSE OF THE BUMPING PROVISION. AND I THINK WHEN YOU GET
RID OF THAT, I THINK WE ARE GONNA ENTER INTO A WORLD OF LITIGATION OVER
VERY SERIOUS ISSUES AND IT'S GONNA -- THAT'S NOT GONNA BE GREAT.
THE -- MY BIGGER CONCERN IS THAT WHETHER OR NOT THE
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NYS ASSEMBLY JUNE 10, 2025
COUNCIL OR THE MAYOR IS MORE RESPONSIBLE AT ANY GIVEN POINT, WHAT THIS
BILL WILL HAVE THE EFFECT OF IS MORE REFERENDA. AND I THINK THAT THE
EXPERIENCE, CERTAINLY IN CALIFORNIA, I DON'T THINK THE PEOPLE OF
CALIFORNIA -- I'M NOT AN EXPERT ON CALIFORNIA GOVERNANCE, BUT HAVE
BENEFITTED A GREAT DEAL FROM THEIR CONSTANT BACK-AND-FORTH BATTLING
REFERENDA ONE YEAR TO THE NEXT, PASSING THINGS, REPEALING THEM, IT'S NOT
-- THAT HAS NOT BEEN HEALTHY FOR DEMOCRACY THERE. AND SO WITHOUT
KNOWING WHETHER A MAYOR IS GOING TO BE MORE OR LESS RESPONSIBLE AT
ANY GIVEN POINT, THE NOTION THAT WE'RE JUST GONNA OPEN THE APERTURE AND
KIND OF ENCOURAGE MORE REFERENDA -- AND WE'VE SEEN THAT, BY THE WAY.
WE'VE SEEN VERY WEALTHY PEOPLE IN NEW YORK CITY BUY THEIR WAY ONTO
THE BALLOT. THAT'S HOW WE GOT TERM LIMITS IN NEW YORK CITY. I -- I JUST
-- I -- IT'S JUST NOT -- IT DOESN'T SEEM GREAT TO ME.
SO WITH APPRECIATION THAT THERE ARE REAL PROBLEMS THAT
THIS BILL IS TRYING TO ADDRESS, I WORRY THAT IT WILL CREATE MORE PROBLEMS
THAN IT SOLVES. AND SO I WILL BE VOTING IN THE NEGATIVE.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE IMMEDIATELY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: GOOD EVENING, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PARTICULAR PIECE
OF LEGISLATION. BUT ANY YES VOTES CAN BE CAST AT THE DESK NOW.
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NYS ASSEMBLY JUNE 10, 2025
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, THE
MAJORITY CONFERENCE IS GONNA BE IN FAVOR OF THIS PIECE OF LEGISLATION;
HOWEVER, THERE MAY BE SOME THAT WOULD DESIRE TO BE AN EXCEPTION.
THEY SHOULD FEEL FREE TO DO SO.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. YEGER TO EXPLAIN HIS VOTE.
MR. YEGER: THANK YOU, MADAM SPEAKER.
I THINK THE LAST SPEAKER HAD IT RIGHT. NEW YORK CITY
SHOULDN'T BECOME CALIFORNIA. AND WE'RE AT A CROSSROADS IN THE CITY.
IT'S THE CITY I LOVE, IT'S THE CITY I GREW UP IN. AND IT'S A CITY THAT HAS HAD
ITS INCREDIBLE CHALLENGES FOR THE LAST SEVERAL YEARS, AND PARTICULARLY THE
LAST TWO OR THREE.
THIS WILL LEAD TO MORE CHAOS IN OUR CITY. AND I'M
ASKING FOLKS WHO, MAYBE YOU DON'T CARE BECAUSE YOU'RE NOT A NEW
YORK CITY RESIDENT. MAYBE THIS IS NOT YOUR -- YOUR THING. AND YOU
DEFER TO THE SPONSOR WHO IS, AND THAT MAKES SENSE AND I GET IT. THEN
THERE ARE OTHER SPONSORS WHO ARE NEW YORK CITY RESIDENTS. I'M ASKING
YOU TO DEFER TO -- AS YOU SEE ON THE BOARD THERE ARE SOME NEW YORK
CITY RESIDENTS WHO ARE SEEING IT THE OTHER WAY. GIVE US A CHANCE TO TRY
TO KEEP WHAT'S LEFT OF THIS CITY THAT -- THAT WE LIVE IN FROM -- FROM
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NYS ASSEMBLY JUNE 10, 2025
COMPLETELY FALLING TO THE GROUND, AND THIS IS ONE OF THE FEW WAYS WE
CAN. ONE OFFICE HOLDER THAT -- THE FINGER IN THE DAM AND STOP THE CHAOS
OF A RUNAWAY CITY COUNCIL THAT IS HIGHLY, HIGHLY INTENT ON BURNING THE
PLACE TO THE GROUND.
PLEASE, PLEASE HELP US SAVE OUR CITY. THANK YOU VERY
MUCH. I'LL BE VOTING NO.
ACTING SPEAKER HUNTER: MR. YEGER IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 18, RULES REPORT NO. 480, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00536-A, RULES
REPORT NO. 480, PAULIN, SEPTIMO, MAGNARELLI, JACOBSON, MCDONOUGH,
DESTEFANO, DURSO, K. BROWN, WEPRIN, SANTABARBARA. AN ACT TO AMEND
THE INSURANCE LAW, IN RELATION TO SUMMARIES OF READABLE AND
UNDERSTANDABLE INSURANCE POLICIES.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MS. PAULIN.
MS. PAULIN: OF COURSE. THIS BILL REQUIRES INSURERS
TO PROVIDE AUTO AND HOMEOWNERS POLICY HONERS -- HOLDERS WITH A
SUMMARY DOCUMENT SUMMARIZING COVERAGE IF ASKED.
ACTING SPEAKER HUNTER: MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
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NYS ASSEMBLY JUNE 10, 2025
WOULD THE SPONSOR PLEASE YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. PAULIN: YES, OF COURSE.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. GANDOLFO: SO I GUESS MY FIRST QUESTION IS,
THIS NEW DISCLOSURE THAT WE WOULD BE REQUIRING FROM THE INSURANCE
CARRIERS. HOW EXACTLY DOES IT DIFFER FROM A DECLARATIONS PAGE THAT YOU
WOULD FIND IN A POLICY?
MS. PAULIN: WELL, I WILL SAY, YOU KNOW, I THINK IT'S
IMPORTANT TO POINT OUT WHO BROUGHT THIS TO MY ATTENTION, AND THAT IS THE
DEPUTY COMMISSIONER OF THE DEPARTMENT OF INSURANCE RIGHT BEFORE IT
WAS CHANGED TO THE DEPARTMENT OF -- DFS, BECAUSE HE WAS PARTLY
RESPONSIBLE FOR LOOKING AT ALL OF THOSE DECLARATIONS AND REALIZED THAT
THEY WERE, YOU KNOW -- I DON'T KNOW WHETHER -- IT'S REALLY EVEN HARD TO
SEE EVEN WITH MY GLASSES AND READ THEM AND VERY CONFUSING. THEY GO
ON FOR PAGES. AND AT A GLANCE IT'S VERY HARD FOR SOMEONE TO -- EVEN
THOUGH WE PASSED A LAW TO ENSURE THAT IT WOULD BE CLEARER, IT'S STILL NOT
CLEAR. AND IN HIS VIEW, THE ONLY WAY WE WERE GONNA BE PROVIDING
INFORMATION TO CONSUMERS WAS TO BE GIVING A -- A SUMMARY -- YOU
KNOW, WE'RE VERY SPECIFIC IN THE BILL WITH WHAT THAT SUMMARY WOULD
INCLUDE -- IN LARGE PRINT AND TO BE GIVEN SEPARATELY SO SOMEONE AT A
GLANCE COULD SEE WHAT IS THE COVERAGE, WHAT IS -- WHAT IS NOT IN THE
COVERAGE. AND -- AND IT'S A LIMITED DOCUMENT THAT WOULD BE VERY CLEAR.
MR. GANDOLFO: OKAY. SO I GUESS IT'S MORE -- YOU
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NYS ASSEMBLY JUNE 10, 2025
WOULD SAY IT'S MORE SIMPLIFIED THAN THE DECLARATIONS PAGE?
MS. PAULIN: YEAH, IT'S A SUMMARY.
MR. GANDOLFO: BECAUSE MY UNDERSTANDING IS
THAT THAT INFORMATION IS ALREADY IN THE DECLARATIONS PAGE.
MS. PAULIN: I DON'T DISAGREE THAT IT'S -- IT'S MOST
OFTEN IN THE DECLARATIONS, IT'S JUST HARD TO FIND.
MR. GANDOLFO: OKAY. SO JUST FROM YOUR
COMMENTS, IS IT MORE OF AN ISSUE OF, I GUESS, READABILITY, FONT, OR IS IT
JUST ARE CONSUMERS FINDING THAT DECLARATIONS PAGES JUST AREN'T EASY TO
FOLLOW? IS THAT --
MS. PAULIN: I THINK IT'S IMPORTANT, YOU KNOW -- -
YOU KNOW, WHEN -- WHEN YOU BUY A NEW HOME YOU GET HOMEOWNERS
INSURANCE. BUT YOU DON'T REALLY KNOW WHAT YOU'RE GETTING. YOU CALL UP
AN INSURANT [SIC] AGENT -- INSURANCE AGENT AND YOU GET A POLICY THAT THEY
RECOMMEND, AND YOU USUALLY JUST BUY IT. BUT YOU REALLY DON'T KNOW,
YOU KNOW, WHAT THE KEY ELEMENTS ARE, AND THEN HOPEFULLY YOU DON'T
HAVE A -- A -- EVER AN OCCASION TO USE IT. BUT IF YOU SAW AT A GLANCE, FOR
EXAMPLE, THAT YOU WERE IN AN AREA THAT HAD A LOT OF RECENT HURRICANES OR
OTHER -- OR OTHER WATER DAMAGE, FLOODING OF ANY SORT, YOU MIGHT PERK
UP IF YOU SAW THAT THAT POLICY DIDN'T COVER SOMETHING AND YOU REALLY
HAD TO COMB THROUGH IT TO FIGURE IT OUT. SO THIS IS -- YES, SO IS IT A
MATTER OF FONT? YES. IS IT A MATTER OF CLARITY? YES. AND JUST
SIMPLIFYING IT SO THAT WHEN YOU BUY A POLICY YOU KNOW WHAT YOU'RE
GETTING.
MR. GANDOLFO: IS THERE ANY CONCERN THAT BY, I
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NYS ASSEMBLY JUNE 10, 2025
GUESS, MAKING A ONE-PAGER OUT OF THIS AND REALLY SIMPLIFYING WHAT'S
CONTAINED IN YOUR POLICY THAT AN INSURANCE CARRIER MIGHT NOT BE ABLE TO
ADEQUATELY FIT A SUMMARY OF THE POLICY ONTO ONE PAGE AND IT MIGHT
MISLEAD THE CUSTOMER A LITTLE BIT?
MS. PAULIN: SO, YOU KNOW, THAT'S WHY WE PUT THAT
PANEL TOGETHER IN THE BILL. YOU KNOW, A PANEL OF PEOPLE WHO ARE VERY
FAMILIAR SO THAT THEY CAN SCALE IT DOWN TO A -- A MANAGEABLE AMOUNT OF
WORDS. AND, IN FACT, HERE AGAIN I'M GONNA POINT TO THE PERSON WHO
BROUGHT IT TO MY ATTENTION, HE'S, YOU KNOW, THE DEPUTY, YOU KNOW, OF
INSURANCE, YOU KNOW, IS VERY AWARE OF, YOU KNOW, WHAT -- YOU KNOW,
WHAT WOULD BE OF VALUE TO A CONSUMER BECAUSE THEY GET ALL THE
COMPLAINTS.
MR. GANDOLFO: OKAY. FAIR ENOUGH.
NOW, LOOKING AT THE LANGUAGE I THINK THERE'S A
PROVISION IN HERE THAT SAYS THAT A CARRIER CAN USE THE DECLARATION PAGE
TO SATISFY THIS NEW REQUIREMENT. DO I HAVE THAT CORRECT?
MS. PAULIN: JUST POINT ME.
MR. GANDOLFO: YEAH, I'M LOOKING FOR THE
LANGUAGE NOW. JUST BEAR WITH ME ONE SECOND.
(PAUSE)
MS. PAULIN: LINE 14.
MR. GANDOLFO: YES, THERE IT IS.
MS. PAULIN: YEAH.
(PAUSE)
YES, YOU CAN.
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NYS ASSEMBLY JUNE 10, 2025
MR. GANDOLFO: SO HOW EXACTLY WOULD THAT
WORK? WOULD THAT JUST BE A MATTER OF CHANGING THE FONT TO SIZE 12 RED
FRONT ON THE DECLARATIONS PAGE?
MS. PAULIN: YEAH, SO THAT SOMEONE WITH GLASSES
CAN READ IT.
MR. GANDOLFO: OKAY. BECAUSE I'M JUST THINKING,
IF YOU NOW JUST ADD ANOTHER SUMMARY TO THE DECLARATIONS PAGE, IS THAT
NOW GONNA KIND OF SNOWBALL INTO A MORE CONFUSING DECLARATIONS PAGE
WITH, I GUESS, A SUMMARY AND THEN A MORE CONCISE SUMMARY?
MS. PAULIN: IF -- IF YOU LOOK AT THE, YOU KNOW, THE
REQUIREMENTS THAT WE HAVE IN THE BILL, YOU KNOW, THAT -- YOU KNOW,
WHAT NEEDS TO GET PULLED OUT, IT -- IT'S JUST VERY BASIC INFORMATION. AND
SO I DON'T THINK, FRANKLY, IT'S GONNA TO BE THAT MUCH OR THAT HARD, BUT
PROBABLY THE KEY INFORMATION TO A CONSUMER. SO IT'S JUST -- IT'S ALMOST
LIKE HAVING, YOU KNOW, IN A -- IN A LEGAL BRIEF, RIGHT, YOU HAVE A
SUMMARY, YOU KNOW, OR YOU SEE IT IN -- YOU KNOW, YOU HAVE THE
SUMMARY OF PROVISIONS SO THAT YOU CAN -- OR ANY -- YOU KNOW, ANY --
ANY DOCUMENT OR ANY RESEARCH PAPER, USUALLY. YOU KNOW, WHEN WE
WRITE STUFF, YOU KNOW, HERE'S THE SUMMARY AND HERE'S THE REST. IT'S
REALLY ABOUT THAT SO THAT AT A GLANCE -- YOU KNOW, NOT EVERYONE'S GONNA
READ -- IT'S HUMONGOUS PAGES LONG. YOU KNOW -- YOU KNOW, PEOPLE
AREN'T GONNA READ ALL OF IT AND THEY COULD MISS SOMETHING IMPORTANT TO
THEM. SO THIS WAY IT GIVES THEM SOME REASON TO READ THE REST OR NOT.
MR. GANDOLFO: NOW, IN MY RESEARCH ON THIS,
THERE'S NOT NECESSARILY A DECLARATIONS PAGE REQUIRED BY LAW, BUT THE
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NYS ASSEMBLY JUNE 10, 2025
REQUIREMENTS ON AN INSURANCE CARRIER TO GIVE THE DETAILS OF THE POLICY
EXIST THROUGH VARIOUS DIFFERENT LAWS AND REGULATIONS. IS THIS NOT
SOMETHING THAT DFS COULD JUST REGULATE AND CHANGE HOW A
SUMMARIZING PAGE, WHETHER YOU CALL IT A DECLARATIONS PAGE, MUST BE
DELIVERED BY A CARRIER?
MS. PAULIN: SO APPARENTLY THE -- THE EXECUTIVE
WHO BROUGHT IT TO ME, WHO'S ALSO A LAWYER, DIDN'T THINK SO. THAT'S WHY
-- THAT'S WHY HE ASKED ME TO CARRY THE BILL.
MR. GANDOLFO: ALL RIGHT. FAIR ENOUGH. THANK
YOU.
MADAM SPEAKER, ON THE BILL BRIEFLY.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. GANDOLFO: I APPRECIATE THE -- THE SPONSOR
ANSWERING MY QUESTIONS HERE. OF COURSE, LIKE MOST OF US IN HERE, WE
WANT MORE CONSUMER-FRIENDLY POLICIES, ESPECIALLY WHEN IT COMES TO
INSURANCE. IT'S SUCH AN IMPORTANT PART OF OUR LIVES AND PROTECTING OUR
PROPERTY THAT YOU WANT PEOPLE TO CLEARLY UNDERSTAND WHAT THEY ARE
PAYING FOR AND WHAT THEY ARE SUPPOSED TO RECEIVE. BUT IN MY READING
OF THIS IT -- IT ALMOST SEEMS LIKE WE'RE JUST KIND OF REFORMATTING THE
EXISTING DECLARATIONS PAGES, WHICH IS JUST CREATING A LITTLE MORE
BUREAUCRACY FOR DFS, SPENDING MORE STATE RESOURCES ON IT. AND IF IT'S
A PAGE THAT MUST BE INCLUDED IN ADDITION TO A DECLARATIONS PAGE, I'M
WORRIED THAT IT'S ALMOST GONNA BE, LIKE, AN INFORMATION OVERLOAD
SITUATION THAT WE SEE SO OFTEN WHERE A CONSUMER IS BOMBARDED WITH
DIFFERENT SHEETS WITH DIFFERENT INFORMATION. A LOT OF IT MIGHT BE
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NYS ASSEMBLY JUNE 10, 2025
EXACTLY THE SAME INFORMATION TO THE POINT THAT PEOPLE MIGHT JUST TUNE
OUT AND NOT READ IT BECAUSE THEY OPENED THE PACKET AND A THOUSAND
PAGES FALL OUT.
SO FOR THAT REASON I WILL BE VOTING IN THE NEGATIVE. I
DO THINK THE DECLARATIONS PAGES DO PROVIDE EVERYTHING THAT A CONSUMER
WOULD NEED TO UNDERSTAND WHAT IS IN THE POLICY.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. EACHUS.
MR. EACHUS: ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. EACHUS: I WANT TO THANK THE SPONSOR FOR THIS.
JULY 9, 2023, A TERRIBLE STORM HIT MY DISTRICT. NOW,
MY DISTRICT IS VERY MOUNTAINOUS, SO MANY OF THE HOMES ARE ON THE SIDE
OF A MOUNTAIN. AND YET THIS STORM, A RAINSTORM, CAUSED TENS OF
MILLIONS OF DOLLARS OF DAMAGE. ALL OF THE FOLKS WHO HAD DAMAGE DONE
HELD INSURANCE POLICIES. OKAY? HOMEOWNERS INSURANCE POLICIES. BUT
OF THE ALMOST 600 HOMEOWNERS, ONLY FIVE WERE ABLE TO COLLECT ANY
MONEY FROM THE INSURANCE COMPANIES. AND IT WAS BECAUSE ONLY THOSE
FIVE EXISTED IN A FLOODPLAIN AREA. THE REST OF THEM ON THE MOUNTAINS
WITH SOME OF THE HOUSES BEING WASHED RIGHT OFF THEIR FOUNDATIONS,
DIDN'T COLLECT A RED CENT. I AM SO GLAD THAT THIS BILL CONDENSES WHAT THE
POLICYHOLDERS NEED TO KNOW. I DO NOT WISH FOR ANY OF YOU TO
EXPERIENCE WHAT I HAD TO EXPERIENCE TWO YEARS AGO. AND I THINK THIS
WILL HELP. PEOPLE WILL UNDERSTAND THAT FLOODS ARE NOT ACTUALLY COVERED
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NYS ASSEMBLY JUNE 10, 2025
BY HOMEOWNERS INSURANCE, BECAUSE THE INSURANCE COMPANIES DEFINE
WHAT A FLOOD ARE [SIC].
NOW, THE HILARITY OF THE SITUATION IS THAT OF THOSE
HUNDREDS OF HOMEOWNERS, MOST OF THEM HAVE NOW APPLIED FOR FLOOD
INSURANCE. GUESS WHAT? THEY CAN'T GET IT BECAUSE THEY DON'T EXIST IN A
FLOODPLAIN. AND SO WHAT WE CAN DO TO HELP THESE CONSUMERS
UNDERSTAND THEIR POLICIES BETTER IS THE LEAST THAT WE SHOULD DO. AND
AGAIN, I THANK THE SPONSOR VERY MUCH FOR BRINGING THIS FORTH AND I
ENCOURAGE EVERYBODY TO VOTE YES ON THIS BILL.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT OCTOBER 1ST.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
MINORITY CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF
LEGISLATION. ANY AFFIRMATIVE VOTES COULD BE CAST AT THE DESKS NOW.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. THE MAJORITY CONFERENCE IS GONNA BE IN FAVOR OF THIS PIECE
OF LEGISLATION. THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN
EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS.
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NYS ASSEMBLY JUNE 10, 2025
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. BLANKENBUSH TO EXPLAIN HIS VOTE.
MR. BLANKENBUSH: THANK YOU, MADAM
SPEAKER.
FIRST OF ALL, BY PUTTING MORE WORDING ON A DECLARATION
PAGE IS NOT GONNA CLARIFY OR HELP ANY OF OUR CLIENTS LOOK AT IT. THE
MORE THEY HAVE TO READ, THE LESS THEY ARE GONNA TO READ.
SECOND OF ALL, INSURANCE COMPANIES DON'T DEFINE WHAT
A FLOOD ZONE IS. THE FLOOD ZONES ARE FEDERALLY PICKED IN A -- IN A FLOOD
ZONE AREA. SO AN INSURANCE COMPANY DOESN'T GO IN AND SAY THIS IS A
FLOOD ZONE AND THIS ISN'T A FLOOD ZONE. THAT'S A FEDERAL -- A FEDERAL
ISSUE. THEY'RE THE ONES THAT PICK THE FLOOD ZONES.
AND SO I'LL -- I'LL BE VOTING IN THE NEGATIVE. THANK
YOU.
ACTING SPEAKER HUNTER: MR. BLANKENBUSH IN
THE NEGATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE.
I -- I THINK IT'S CRITICALLY IMPORTANT AS WE MOVE
FORWARD IN SOCIETY THAT WE MAKE THINGS READABLE AND UNDERSTANDABLE.
MANY TIMES THE PAPERWORK THAT COMES WITH YOUR CREDIT CARD, WHAT
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NYS ASSEMBLY JUNE 10, 2025
COMES WITH INSURANCE, WHAT COMES WHEN YOU BUY SOMETHING NEW, IS
WRITTEN IN A LANGUAGE BY, I WOULD SAY COUNSEL OR ATTORNEYS. AND SOME
OF IT IS ACTUALLY WRITTEN IN A WAY BECAUSE THEY DON'T -- REALLY DON'T WANT
YOU TO READ IT. WHEN PEOPLE ARE SPENDING THEIR MONEY, WE SHOULD
MAKE SURE THAT THEY ARE ABLE TO UNDERSTAND WHAT IT IS THEY HAVE
PURCHASED, WHAT IS THEY NOW OWN.
AND ANOTHER THING I THINK IS SIG -- SIGNIFICANTLY
IMPORTANT FOR US IN THIS DAY IS TO BE CONSCIOUS AND AWARE OF THE FACT
THAT ONLY 21 PERCENT OF HIGH SCHOOL GRADUATES IN THE CLASS OF 2023 MET
THE COLLEGE READINESS BENCHMARKS IN ALL FOUR SUBJECTS; THAT'S INCLUDING
ENGLISH COMPREHENSION. SO IT'S CRITICALLY IMPORTANT NOT THAT WE DUMB
THINGS DOWN, BUT THAT WE WRITE THEM IN A WAY THAT'S UNDERSTANDABLE
AND CLEARLY ABLE TO BE READ BY THE AVERAGE PERSON.
THANK YOU. I VOTE YES.
ACTING SPEAKER HUNTER: THANK YOU. MRS.
PEOPLES-STOKES IN THE AFFIRMATIVE.
MR. HAWLEY TO EXPLAIN HIS VOTE.
MR. HAWLEY: A VERY BRIEF STATEMENT. I'D LOVE TO
BE ABLE TO ASK EVERYONE HERE TO RAISE EITHER THEIR RIGHT OR THEIR LEFT HAND
IF THEY READ THEIR INSURANCE POLICIES TODAY. DON'T DO IT, BECAUSE WE
CAN'T. AND THAT I'D LOVE TO, AFTER THIS LEGISLATION PASSES, WHICH IT WILL,
THEN ASK IF PEOPLE WILL ACTUALLY READ THEIR POLICIES WHEN IT BECOMES
MORE CLEARER. BUT I WON'T. WHAT I WILL SAY IS THAT MOST PEOPLE DO NOT
READ THEIR POLICIES. MOST PEOPLE ACTUALLY CALL THEIR AGENT AND HAVE
THEM EXPLAIN IT OR ANSWER THEIR QUESTIONS. SO I THINK WE HAVE TO HAVE
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NYS ASSEMBLY JUNE 10, 2025
SOME PERSONAL RESPONSIBILITY HERE AND TAKE ADVANTAGE OF OUR AGENTS.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. HAWLEY IN THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 18, RULES REPORT NO. 482, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00836, RULES REPORT
NO. 482, SOLAGES, ROSENTHAL, SIMON, COLTON, OTIS, LUPARDO,
SANTABARBARA, SHRESTHA, KELLES, EPSTEIN, SEAWRIGHT, SEPTIMO, REYES,
SIMONE, JACOBSON. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN
RELATION TO UTILITY INTERVENOR REIMBURSEMENT; AND TO AMEND THE STATE
FINANCE LAW, IN RELATION TO ESTABLISHING THE UTILITY INTERVENOR
ACCOUNT.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MADAM SPEAKER.
YOU KNOW, TODAY CUSTOMERS SHOULDN'T BE A
GOFUNDME TO FIGHT UNFAIR RATE HIKES. AND SO THIS BILL WOULD ESTABLISH
A UTILITY INTERVENOR ACCOUNT, ALLOWING PARTICIPANTS TO APPLY FOR
FUNDING FOR UTILITIES TO COVER THE COST OF PARTICIPATING IN CERTAIN
PROCEEDINGS AND ALLOWING CITIZEN GROUPS AND NON-PROFITS TO APPLY FOR
DP -- SORRY, THE DEPARTMENT OF PUBLIC SERVICE REIMBURSEMENT FOR COST
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NYS ASSEMBLY JUNE 10, 2025
INCURRED BY PARTICIPATING IN THE PUBLIC SERVICE COMMISSION.
ACTING SPEAKER HUNTER: MR. PALMESANO.
MR. PALMESANO: YES, MADAM SPEAKER. WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. SOLAGES: YES, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. PALMESANO: THANK YOU, MS. SOLAGES. I
KNOW WE HAVE DISCUSSED THIS BILL ON THE FLOOR FOR A NUMBER OF YEARS.
IN FACT, IN 2022, 2023 AND LAST YEAR WE DEBATED THIS BILL AND IT PASSED
THE ASSEMBLY BUT THE GOVERNOR VETOED IT. AND WHEN SHE VETOED IT SHE
SAID -- LAST YEAR, SHE SAID, THIS BILL IS IDENTICAL TO LEGISLATION I VETOED IN
2022 AND 2023. SINCE IT'S DUPLICATIVE OF EXISTING CONSUMER PROTECTION
EFFORTS WITHIN THE DEPARTMENT OF PUBLIC SERVICE AND THE DEPARTMENT OF
STATE, IT COULD ALSO LEAD TO THE COST BEING PASSED ON TO RATEPAYERS,
RAISING UTILITY RATES AT A TIME WHEN AFFORDABILITY IS A TOP PRIORITY FOR
MOST NEW YORKERS. HAS THIS BILL CHANGED SINCE LAST YEAR OR 20 -- SINCE
2022 OR IS IT THE SAME BILL AS IN THE PAST?
MS. SOLAGES: I'M KIND OF SHOCKED THAT YOU ARE IN
AGREEANCE WITH THE GOVERNOR FOR ONCE.
MR. PALMESANO: THERE ARE TIMES.
MS. SOLAGES: SO, YOU KNOW, WHEN UTILITIES ASK FOR
RATE INCREASES THEY SEND US THE -- THE BILL FOR THEIR ADVOCATES. AND IN
THIS BILL, IT'S REALLY TIME FOR THE CUSTOMER TO HAVE AN ADVOCATE, TOO.
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NYS ASSEMBLY JUNE 10, 2025
AND IT'S NOT JUST PAID FOR ALREADY BY -- BY US, THE RATEPAYERS. AND SO I
BELIEVE THAT THIS BILL-IN-CHIEF IS A -- A GOOD BILL, AND WE ARE GOING TO
ADVOCATE FOR IT AND HOPE THAT THE GOVERNOR AGREES WITH US. BECAUSE AT
THE END OF THE DAY -- AT THE END OF THE DAY, WE DON'T WANT UTILITIES
WRITING A BLANK CHECK FOR THEIR POCKETS WHILE CONSUMER VOICES ARE NOT
HEARD. AND WE NEED TO MAKE SURE WE'RE TAKING A REGIONAL APPROACH,
ALLOWING DIFFERENT CITIZEN GROUPS TO BE REFLECTIVE OF THEIR REGION AND
BEING ABLE TO ADVOCATE FOR THEIR COMMUNITY.
MR. PALMESANO: SURE. AND, BELIEVE ME, WE'RE
GONNA TALK ABOUT CONSUMERS DURING THIS DEBATE.
SO YESTERDAY ON THIS FLOOR, I THINK YOU WERE HERE
DURING THE DEBATE, WE HAD ANOTHER BILL ON THE FLOOR. IT WAS FOR A UTILITY
CONSUMER ADVOCATE. DO WE NEED BOTH? HOW IS THIS BILL DIFFERENT FROM
THE OTHER BILL?
MS. SOLAGES: I -- I SEE MULTIPLE RATE -- RATE
INCREASES ALL AROUND THIS STATE. AND SO I WANT TO ENSURE THAT THE
RATEPAYERS, WHICH IS [SIC] OUR CONSTITUENTS, HAVE A LARGE VOICE. AND SO,
YOU KNOW, I HOPE THAT WE'RE NOT SAYING THAT WE SHOULD ONLY ADVOCATE
FOR THE UTILITIES AND THAT THE UTILITIES CAN GET REIMBURSEMENT FROM THE
STATE, BUT WE SHOULD MAKE SURE THAT WE'RE ADVOCATING FOR CITIZEN
GROUPS, INDIVIDUALS, NON-PROFITS, TO BE ABLE TO PARTICIPATE IN THESE RATE
PROCEEDINGS.
AND SO ALL THIS BILL SAYS IS THAT WE CREATE A FUND, THE
PUBLIC SERVICE COMMISSION -- OR SORRY, THE DEPARTMENT OF PUBLIC
SERVICE, THANK YOU, WOULD CREATE A -- A FUND. THEY WOULD DETERMINE
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NYS ASSEMBLY JUNE 10, 2025
HOW MUCH THE FUND IS, AND THEY WOULD BE ALLOWED -- INDIVIDUAL GROUPS
AND ORGANIZATIONS WOULD BE ALLOWED TO APPLY. SO THIS IS NOT LIKE A
BLANK CHECK. THIS HAS CHECKS AND BALANCES. AND SO WHAT I'M SAYING
IS THAT WE SHOULD ALLOW THE VOICE OF THE PEOPLE TO BE THE LOUDEST, NOT
UTILITIES.
MR. PALMESANO: SURE.
MS. SOLAGES: AND RIGHT NOW THE UTILITIES HAVE A
BLANK CHECK. THEY CAN GET RE -- THEIR FANCY LAWYERS CAN GET
REIMBURSEMENT FROM -- FROM, YOU KNOW, THE TAXPAYERS FROM THE
RATEPAYERS WHILE, YOU KNOW, CITIZENS' GROUPS CAN'T.
MR. PALMESANO: AND, BELIEVE ME, WE'LL GET INTO
THAT DISCUSSION OVER THE NEXT 30 MINUTES.
MS. SOLAGES: OH MY GOD, 30 MINUTES?
(LAUGHTER)
I DO NOT (INDISCERNIBLE/CROSS-TALK)
MR. PALMESANO: MAYBE 30 MINUTES. WHO
KNOWS. AT LEAST. WHO KNOWS.
SO RIGHT NOW, AS WE MENTIONED YESTERDAY, THERE ARE
NUMEROUS AGENCIES CURRENTLY OPERATING ON BEHALF OF THE RATEPAYERS;
YOU HAVE THE DEPARTMENT OF PUBLIC SERVICE'S OFFICE OF CONSUMER
SERVICES, WHICH REPRESENTS THE VOICE OF CONSUMERS FOR ALL ACTIVITIES
OVERSEEN BY THE COMMISSION. IN 2020 WE HAD THIS -- IT WAS -- THE
GOVERNOR CREATED THE STATEWIDE SPECIAL COUNSEL FOR RATEPAYER
PROTECTION, WHO HAS THE ABILITY TO PARTICIPATE IN PROCEED -- PSC PRO --
PROCEEDINGS DEALING WITH HEARINGS AND INVESTIGATION AND RATES. YOU
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ALSO HAVE THE UTILITY INTERVENTION UNIT ON BEHALF OF THE DEPARTMENT OF
STATE. DIVISION OF CONSUMER OF PROTECTION, WHO ALREADY OPERATES WITH
TAXPAYERS FUNDS ON BEHALF OF CONSUMERS. AND THE UTILITY INTERVENTION
UNIT SUBMITS FORMAL COMPLAINTS ON PROPOSALS AND REGULATIONS, AND
PROVIDES TESTIMONY TO THE PSC. AND YOU ALSO HAVE THE -- THE PUBLIC
UTILITY LAW PROJECT, WHICH RECEIVES TAXPAYERS FUNDS TO ADVOCATE ON
BEHALF OF OUR RATEPAYERS. AND OF COURSE THE ATTORNEY GENERAL.
IS IT YOUR BELIEF, YOUR OPINION OF THE MAJORITY THAT
THESE DO NOT DO ENOUGH TO REPRESENT THE VOICE OF THE RATEPAYER HERE IN
THESE PROCEEDINGS, AND IF NOT WHY?
MS. SOLAGES: MADAM SPEAKER, I BELIEVE THAT THE
VOICE OF THE PEOPLE SHOULD BE THE LOUDEST. SO IF WE GIVE MULTIPLE
AVENUES FOR INDIVIDUALS TO HAVE A SAY IN THE PROCESS, I -- I THINK THAT'S A
GOOD THING, THAT -- RATEPAYERS HAVING A LARGER VOICE. YOU KNOW, I DON'T
KNOW WHY WE ARE NOT, YOU KNOW, ALLOWING THAT, AND THAT'S WHY I PUT IN
THIS BILL. BECAUSE I WANT TO ENSURE THAT CITIZEN GROUPS, NON-PROFITS
FROM DIFFERENT REGIONS, DIFFERENT PLACES, DIFFERENT SPACES FROM BUFFALO
TO MONTAUK CAN BE ABLE TO PARTICIPATE IN THESE RATE PROCEEDINGS. AND I
THINK THE MORE THE MERRIER. I DON'T WANT TO SUPPRESS THE VOTE. IF
THERE'S A SMALLER NON-PROFIT THAT IS WORKING TO HELP PEOPLE WITH UTILITY
ARREARS AND THEY'RE CURRENTLY NOT PARTICIPATING, WE SHOULD ALLOW THEM
TO PARTICIPATE. AND THIS FUND WOULD CREATE A PARADIGM IN WHICH PEOPLE
CAN PARTICIPATE IN THAT.
MR. PALMESANO: OKAY.
MS. SOLAGES: AND SO, YOU KNOW, THIS BILL IS
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ALLOWING MORE INDIVIDUALS TO ADVOCATE ON BEHALF OF LOW-INCOME
CUSTOMERS AND SMALL BUSINESSES AND ENSURE THAT THEIR INTEREST IS
REPRESENTED. SO THIS IS ABOUT MAKING THE VOICE OF THE RATEPAYER LOUDER
SO THAT THEY CAN PARTICIPATE IN THESE RATE PROCEEDINGS. BECAUSE I KNOW
-- I -- YOU KNOW, I CAN TELL YOU THAT THESE RATE INCREASES ARE REALLY
DIFFICULT ON FOLKS, AND SO WE NEED TO ENSURE THAT PEOPLE HAVE AN
AVENUE TO SPEAK.
MR. PALMESANO: I AGREE A HUNDRED PERCENT.
THESE RATE INCREASES ARE DIFFICULT ON THE PUBLIC, ON OUR FAMILIES, OUR
SMALL BUSINESSES, OUR FARMERS. NO QUESTION ABOUT IT.
SO I KNOW YOU -- THE -- I MENTIONED IN THE DEBATE WE
HAD YESTERDAY. HOW IS YOUR DIFFERENT BILL -- HOW IS YOUR BILL DIFFERENT
FROM THE BILL WE DID YESTERDAY? DO YOU RECALL?
MS. SOLAGES: SO MY BILL BASICALLY, THE BILL THAT IS
IN-CHIEF, IT REQUIRES THAT ALL ADVOCATE FEES, EXPERT WITNESSES FEES AND ALL
THE OUT-OF-POCKET EXPENSES DIRECTLY INCURRED BY THE PARTICIPANT DIRECTLY
RELATED TO PARTICIPATING ARE REIMBURSED UPON APPROVAL, AND GIVING
DISCRETION TO THE PSC TO DETERMINE THAT. AND SO THIS IS DIFFERENT
BECAUSE WE ARE ALLOWING CITIZENS, INDIVIDUALS, CITIZEN GROUPS, I MEAN,
NON-PROFITS TO PARTICIPATE IN RATE PROCEEDINGS.
MR. PALMESANO: SURE.
MS. SOLAGES: SO THIS IS DIFFERENT FROM A -- A
GOVERNMENTAL AGENCY OR -- OR ENTITY THAT'S TIED TO UTILITIES. THIS IS
ABOUT INDEPENDENCE. IT'S ABOUT TRANSPARENCY, ACCOUNTABILITY AND
GIVING PEOPLE THE AVENUE TO PARTICIPATE.
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MR. PALMESANO: SO THE BILL YESTERDAY, AS I RECALL
FROM MY DEBATE WITH THE SPONSOR, TALKED ABOUT THE FACT THAT THE STATE
TAXPAYERS WILL PICK UP THE COST OF THAT BILL. I STILL ARGUE THAT IT'S THE
RATEPAYERS PICKING UP, BECAUSE THE PSC AND THEIR OPERATIONS, A LOT OF IT
IS FUNDED THROUGH THE 18-A ASSESSMENT CHARGE. BUT NEITHER HERE NOR
THERE. SO THAT BILL DEALS WITH THAT. HOW IS YOUR BILL FUNDED? BECAUSE
THE REASON I ASK THE QUESTION IS YOUR MEMO SAYS THERE IS -- WHEN I --
WHEN I ASKED ABOUT THE COST IT SAYS THERE'S NONE TO THE STATE. YOUR
COLLEAGUE ON THE BILL YESTERDAY SAID IT'S UNDETERMINED. SO IF IT'S NONE
TO THE STATE, THEN WHO PAYS FOR IT? THE UTILITY?
MS. SOLAGES: YEAH. SO, LOOK, WE WANNA PUT THE
"PUBLIC" BACK IN THE PUBLIC SERVICE COMMISSION. AND SO THIS MONEY
IS GONNA BE A FUND THAT'S ESTABLISHED THROUGH THE COMPTROLLER, AND IT --
IT IS RATEPAYER MONEY, BUT THINK ABOUT IT. IT'S RATERPAYER MONEY THAT'S
GOING BACK TO THE LOWEST LEVEL CITIZEN GROUPS AND NON-PROFITS TO BE
ABLE TO PARTICIPATE. NOT FAIR TO UTILITY LAWYERS. BECAUSE RIGHT NOW,
UTILITY COMPANIES ARE -- THEY HAVE A MEGAPHONE AND THEY HAVE
UNLIMITED REIMBURSEMENT WHILE REGULAR GROUPS THAT SPEAK FOR THE
PEOPLE DON'T HAVE ACCESS.
MR. PALMESANO: RIGHT.
MS. SOLAGES: AND SO FOR ME, THIS IS ABOUT
LEVELING THE PLAYING FIELD --
MR. PALMESANO: SURE.
MS. SOLAGES: -- SO THAT INDIVIDUALS CAN
PARTICIPATE. BECAUSE AS I SAID BEFORE, CUSTOMERS DON'T -- CUSTOMERS
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SHOULDN'T NEED A GOFUNDME TO FIGHT UNFAIR RATE INCREASES.
MR. PALMESANO: SURE. AND THEN I -- I CAN
APPRECIATE YOUR INTERESTS IN THE RATEPAYER. SO AS YOU SAID, THIS GOES ON
THE UTILITY AND YOU SAID THE RATEPAYERS ARE PAYING FOR THIS; IS THAT NOT
CORRECT?
MS. SOLAGES: YEAH. AND RIGHT NOW, UTILITIES,
THEY'RE BILLING US TWICE FOR -- WELL, THEY'RE BILLING US FOR UTILITIES,
ELECTRICITY AND SUCH, AND THEN THEIR LAWYERS.
MR. PALMESANO: SURE.
MS. SOLAGES: SO THIS WILL ALLOW THE RATEPAYER TO
AT LEAST GET SOME OF THEIR MONEY BACK IN THEIR POCKETS.
MR. PALMESANO: I -- I -- I HEAR WHAT YOU'RE
TRYING TO DO HERE, BUT THAT'S FINE. AND AT A TIME WHEN OUR UTILITY RATES
ARE SOME OF THE HIGHEST THEY'VE EVER BEEN, PROBABLY THE HIGH -- ONE OF
THE HIGHEST IN THE COUNTRY, YOU'D THINK THAT IT'S EVEN BETTER TO PUT MORE
INCREASES ON THE RATEPAYER?
MS. SOLAGES: LOOK, I -- I -- I DON'T HAVE TO THINK, I
COULD LOOK AT BEST PRACTICES. IDAHO AND CALIFORNIA BOTH HAVE PASSED
THIS FUND. AND YOU'VE SEEN THAT THEY SAVE THE RATEPAYERS MONEY. THEY
WERE ABLE TO HAVE CITIZEN GROUPS COME AND PARTICIPATE IN THE RATE
PROCEEDINGS AND ACTUALLY FIGHT AGAINST INCREASES. SO WE'RE PUTTING
MONEY BACK INTO PEOPLE'S POCKETS. SO I BELIEVE IN CALIFORNIA THEY
SAVED ABOUT $19 MILLION, PER SE. AND, YOU KNOW, FOR A STATE LIKE IDAHO
TO BE ABLE TO HAVE SOMETHING LIKE THIS, I THINK THE EMPIRE STATE, WHICH
IS THE GREATEST STATE IN THE NATION, CAN (INDISCERNIBLE) AS WELL.
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MR. PALMESANO: SURE.
SO ALSO, ON PAGE 2 YOU TALK ABOUT OTHER REASONABLE
COSTS RELATING TO OUT-OF-POCKET COSTS. DO YOU HAVE ANY ESTIMATE WHAT
THIS IS GONNA COST RATEPAYERS? HAVE YOU -- HAVE YOU DETERMINED -- I
KNOW YOU SAID IN YOUR MEMO THAT THERE'S NONE TO THE STATE, BUT HAVE
YOU DETERMINED HOW MUCH THIS BILL IS GONNA COST RATEPAYERS OR YOU JUST
-- OR IS IT YOUR BELIEF AND OPINION THAT THIS BILL IS GONNA SAVE MONEY
BECAUSE THEY'RE GONNA GO AND ADVOCATE FOR RATEPAYERS IN THESE HEARINGS
AND THINGS LIKE THAT?
MS. SOLAGES: SO, THE -- THE PARADIGM -- THE PUBLIC
SERVICE COMMISSION WOULD CREATE A -- A FRAMEWORK AND PARADIGM TO
CREATE CHECKS AND BALANCES AND ALLOW, YOU KNOW, ORGANIZATIONS AND
NON-PROFITS TO PARTICIPATE. SO WE'RE ALLOWING THEM -- YOU KNOW, WE'RE
NOT NECESSARILY LEGISLATING IT WITHIN THIS -- THIS BILL RIGHT HERE, BUT WE'RE
ALLOWING FOR A FRAMEWORK TO BE BUILT.
MR. PALMESANO: OKAY. SO THE PSC IS GONNA
MAKE THAT DETERMINATION ON HOW MUCH CAN BE SPENT?
MS. SOLAGES: YES, OF COURSE.
MR. PALMESANO: OH, OKAY.
MS. SOLAGES: THAT IS -- LIKE I SAID BEFORE, THIS IS
NOT A --
MR. PALMESANO: WE'RE BASICALLY GIVING A -- A --
A BLANK CHECK TO THE PSC TO SPEND?
MS. SOLAGES: NO. LIKE I SAID BEFORE, THIS IS NOT A
BLANK CHECK, BECAUSE --
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MR. PALMESANO: WELL, THE PSC GETS TO DECIDE,
RIGHT?
MS. SOLAGES: I'M SORRY, (INDISCERNIBLE/CROSS-TALK)
--
MR. PALMESANO: THE PSC GETS TO DECIDE, RIGHT?
MS. SOLAGES: -- REPEAT THE QUESTION?
MR. PALMESANO: MY QUESTION IS, THE PSC GETS TO
DECIDE HOW MUCH TO SPEND ON THIS PROGRAM, CORRECT?
MS. SOLAGES: SO CURRENTLY RIGHT NOW, THEY'RE
GIVING THE UTILITIES A BLANK CHECK FOR THEIR LAWYER. SO RIGHT NOW WE'RE
NOT ONLY PAYING FOR ELECTRIC --
MR. PALMESANO: I UNDER --
MS. SOLAGES: -- BUT WE'RE ALSO PAYING FOR THE
FANCY LAWYERS TO FIGHT FOR RATE INCREASES.
MR. PALMESANO: I UNDERSTAND.
MS. SOLAGES: SO WHY NOT HAVE THAT -- AND THIS IS
NOT A BLANK CHECK. OBVIOUSLY, THERE'S A FUND CREATED, A DYNAMIC'S
GONNA BE CREATED. AND SO, THERE IS GONNA BE A LIMITED AMOUNT OF
MONEY FOR THAT. SO IT'S -- IT'S A PARADIGM THAT -- THAT IS NOT GONNA BE
(INDISCERNIBLE) LEGISLATED, BUT IT'S GOING TO BE --
MR. PALMESANO: BUT --
MS. SOLAGES: -- A FUND IS CREATED AND THE FUND IS
NOT GONNA HAVE UNLIMITED MONEY.
MR. PALMESANO: BUT THIS FUND WILL BE CREATED
AND DETERMINED AT THE AUTHORITY AND IN THE DISCRETION OF THE PSC TO SAY
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WHETHER IT'S GONNA BE 10 MILLION, 50 MILLION, 100 MILLION, RIGHT? IT'S
THE PSC'S DISCRETION BASED ON THE LANGUAGE OF THIS BILL, CORRECT?
MS. SOLAGES: ARE YOU QUESTIONING THE PSC'S
ABILITY TO DETERMINE IF THEY CAN CREATE A FUND THAT'S REASONABLE?
MR. PALMESANO: YES, I AM, ACTUALLY. BECAUSE,
YOU KNOW, IN JULY OF 2023 -- AND THAT'S ONE OF MY QUESTIONS COMING UP
-- THE PSC APPROVED $43 BILLION IN FUTURE RATEPAYER INCREASES TO PAY
FOR THE GREEN ENERGY MANDATES THAT THIS HOUSE HAS ADVANCED. SO, YES,
I DO. SO --
MS. SOLAGES: AND SO WHAT I'D SAY TO THAT IS THAT AT
LEAST WE'RE GIVING THE ABILITY FOR THE RATEPAYERS TO GET THAT MONEY BACK
IN THEIR POCKETS SO THAT THEY CAN FIGHT AGAINST --
MR. PALMESANO: AND -- AND --
MS. SOLAGES: -- THE RATE INCREASE AND RAISING THEIR
VOICES. THIS IS NOT GOING TOWARDS, YOU KNOW, A FANCY ATTORNEY.
MR. PALMESANO: SURE.
MS. SOLAGES: THIS IS ACTUALLY GOING TO THE PEOPLE
WHO ARE GONNA FIGHT AND ADVOCATE FOR THE AVERAGE RATEPAYER. AND
WE'RE TALKING ABOUT RATEPAYERS ACROSS THIS GREAT STATE.
MR. PALMESANO: SO MY QUESTION, SO THERE'S NO
COST ESTIMATE THAT YOU HAVE. THERE'S NO CAP ON THE AMOUNT OF FUNDING
INTERVENORS CAN GET -- GET, CORRECT?
MS. SOLAGES: SO THIS CREATES A PARADIGM. SO --
MR. PALMESANO: I KNOW IT CREATES --
MS. SOLAGES: -- WHEN YOU CREATE A FUND, THE FUND
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IS GONNA HAVE A FINITE AMOUNT OF MONEY. SO THIS -- WE'RE NOT DIRECTLY
ALLOCATING A CERTAIN -- CERTAIN POOL OR DOLLAR. ALL WE'RE SAYING IS CREATE
A FUND AND WE'RE ALLOWING THE PSC TO COME --
MR. PALMESANO: I -- I UNDERSTAND YOU'RE CREATING
A FAN -- FUND. I UNDERSTAND YOU'RE CREATING A PARADIGM. BUT YOU'VE
ALSO SAID YOU'RE GIVING THE DISCRETION TO THE PSC. YOU HAVE ALSO SAID
THERE'S NO LIMIT ON THE FUNDS. YOU'VE ALSO SAID --
MS. SOLAGES: IN THIS LEGISLATIVELY.
MR. PALMESANO: -- THERE'S NO CAP ON THE FUNDS TO
INTERVENORS, CORRECT? THERE'S NO CAP ON THE FUNDS TO INTERVENORS,
CORRECT?
MS. SOLAGES: WELL, I WANNA -- I WANNA CLARIFY.
MR. PALMESANO: WELL, PLEASE DO.
MS. SOLAGES: THERE -- WHAT -- THE BILL LANGUAGE
DOES NOT DICTATE THE FUND, BUT THE PSC, WHICH I THINK IS GOING TO COME
UP WITH A FUND AND RULES AND REGS --
MR. PALMESANO: SURE.
MS. SOLAGES: -- AROUND THIS, WILL CREATE A
PARADIGM SO THAT THERE ARE CHECKS AND BALANCES AND ALSO ENSURE THAT
THERE'S NOT JUST ONE ENTITY SUCKING THE MONEY OUT. THAT ACTUALLY, THIS IS
A FAIR PROCESS WHERE PEOPLE CAN APPLY AND PARTICIPATE --
MR. PALMESANO: SURE.
MS. SOLAGES: -- AND BE HELD ACCOUNTABLE AND THAT
IT CAN BE TRANSPARENT.
MR. PALMESANO: AND I TOTALLY UNDERSTAND YOUR
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INTENT BEHIND THE LEGISLATION. SO WE'VE -- WE'VE ALREADY ASSERTED THAT
THERE IS NO COST ESTIMATE FROM THIS BILL. WE'VE ALREADY ASSERTED THAT
THERE'S NO CAP ON FUNDING ALLOWED TO INTERVENORS. THE PSC IS GONNA
HAVE FULL DISCRETION. THE PSC IS GONNA BE ABLE TO DETERMINE HOW
MUCH THIS PROGRAM'S GONNA COST. WE'VE ALREADY DETERMINED THAT. HOW
ABOUT -- IS THERE A CAP FOR THE NUMBER OF INTERVENORS THAT COULD BE A
PART OF THIS PROCESS? SO WE CAN HAVE A WHOLE LOT OF DIFFERENT
INTERVENORS, NOW THAT THIS IS A NEW PROGRAM, PARTICIPATING IN THIS
PROCESS. IS THERE ANY CAP ON THE NUMBER OF INTERVENORS THAT CAN
PARTICIPATE IN THIS PROCESS? THAT'S GONNA TO BE DETERMINED BY THE PSC,
CORRECT?
MS. SOLAGES: YEAH. SO WHEN WE SAY WE CREATED
-- IN THIS IT SAYS REASONABLE RECOVERY OF EXPENSES. WE ALSO SAY THAT --
MR. PALMESANO: BUT THERE'S NO DEFINITION OF
"REASONABLE." WHAT'S THE DEFINITION OF REASONABLE IN YOUR OPINION?
MS. SOLAGES: AND SO THE -- THE INTERVENORS WOULD
HAVE TO APPLY FOR FUNDS --
MR. PALMESANO: I UNDERSTAND.
MS. SOLAGES: -- AND THE PSC CAN ALSO COMBINE
GROUPS OR COMBINE ORGANIZATIONS.
MR. PALMESANO: GOOD. THAT'S (INDISCERNIBLE/
CROSS-TALK) --
MS. SOLAGES: SO THEY WILL HAVE TO DISCRETION TO
DETERMINE --
MR. PALMESANO: YOU MIGHT HAVE --
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MS. SOLAGES: BUT RIGHT NOW OUR UTILITIES -- AND I
WOULD ALSO --
MR. PALMESANO: SORRY.
MS. SOLAGES: -- I WOULD HOPE YOU FEEL THE OUTRAGE
THAT OUR UTILITIES HAVE THE ABILITY RIGHT NOW TO HAVE UNCHECKED MONEY
TO -- TO FIGHT FOR RATE INCREASES, WHETHER IT'S GAS, ELECTRIC. YOU KNOW,
OTHER, WATER, YOU KNOW, INTERNET. LIKE, THEY HAVE AN UNLIMITED
CHECKBOOK. AND SO, YOU KNOW, I HOPE THAT WE'RE NOT SUPPRESSING NEW
YORKERS' VOICES AND THAT WE CAN ACTUALLY HAVE A CONVERSATION ABOUT
HOW WE CAN AMPLIFY AND FIGHT AGAINST RATE INCREASES TOGETHER.
MR. PALMESANO: SURE. AND I -- AND I WOULD LIKE
TO GET INTO THE RATE INCREASES. SO WE'VE ESTABLISHED THERE'S NO COST
ESTIMATE. WE'VE ESTABLISHED THAT THERE'S NO CAP ON THE AMOUNT OF
FUNDING (INDISCERNIBLE). WE'VE ESTABLISHED THERE'S NO CAP ON THE
NUMBER OF INTERVENORS. THAT'S ALL GONNA BE AT THE DISCRETION OF THE
PSC. AND ALL THOSE COSTS WILL, IN FACT, BE BORNE BY THE RATEPAYERS,
CORRECT?
MS. SOLAGES: SO, I MEAN, WHAT -- AND I THINK THAT
WHAT'S BEING LOST UPON IN THIS CONVERSATION IS THAT THESE ARE SMALL
INTERVENOR GROUPS. THESE ARE COMMUNITY-BASED ORGANIZATIONS THAT
FOCUS -- THAT HAVE UNIQUE FOCUS AND EXPERTISE COMPARED TO, YOU KNOW,
THE OTHER, YOU KNOW, LIKE THE DEPARTMENT OF PUBLIC SERVICE UTILITY
CONSUMER ADVOCATE, THE UIU, THE DPS. AND SO WHAT WE'RE SAYING IS
THAT THIS WOULD ALLOW, YOU KNOW, A BROKER AND INDIVIDUALS TO HAVE -- TO
BE PART OF THESE CONVERSATIONS.
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MR. PALMESANO: SURE.
MS. SOLAGES: SO, TO ME, THIS IS ABOUT MAKING SURE
THAT WE HAVE THE PARTICIPATION WHICH HOPEFULLY CAN AMPLIFY THE VOICES
OF THE PEOPLE.
MR. PALMESANO: I UNDERSTAND.
MS. SOLAGES: AND UTILITIES USE MILLIONS OF DOLLARS
OF RATEPAYER FUNDS TO PAY FOR THEIR ADVOCACY --
MR. PALMESANO: SURE.
MS. SOLAGES: -- POLICY CASES AND OTHER ACTIVITY.
SO --
MR. PALMESANO: SO I HAVE ANOTHER QUESTION. SO
WE'VE ESTABLISHED THIS INTERVENOR FUND THAT'S BASICALLY AT THE DISCRETION
OF THE PSC. WHAT, IN FACT, CAN THESE INTERVENORS INTERVENE ON? ARE
YOU SUSPECTING THEM TO INTERVENE ON RATE INCREASES, RATE PROPOSALS?
CAN THEY INTERVENE ON THE GREEN ENERGY MANDATES THAT THIS HOUSE HAS
ADVANCED AND ADVANCING FORWARD? DO THEY HAVE ANY SAY IN THAT? DO
THEY ANY SAY ON THE CONVERSION COSTS TO CONVERT YOUR HOME OVER FROM
NATURAL GAS TO FULL ELECTRIFICATION? WILL THEY BE ABLE TO INTERVENE ON
THAT?
MS. SOLAGES: SO, THEY WOULD BE INTERVENING ON
THE -- THE RATE INCREASES. AND I KNOW --
MR. PALMESANO: JUST THE RATE INCREASES, RIGHT?
MS. SOLAGES: YES.
MR. PALMESANO: OKAY. AND SO WHEN THE PSC IN
JULY OF 2023 APPROVED $43 BILLION, WITH A B, OF FUTURE RATEPAYER
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INCREASES TO PAY AND IT WAS DETERMINED AT A HEARING FOR THE GREEN
ENERGY MANDATES. WOULD THEY HAVE BEEN ABLE TO INTERVENE ON THAT
PROCESS?
MS. SOLAGES: WOULD THERE HAVE BEEN A REQUEST
FOR RATE INCREASES WITHIN THAT?
MR. PALMESANO: WELL, IT'S FUTURE RATE
(INDISCERNIBLE). SO THEY'VE ALREADY SIGNED OFF ON $43 BILLION
(INDISCERNIBLE) FUTURE INCREASES. BUT THAT'S NEAR HERE NOR THERE.
SO, I DO WANT TO TALK ABOUT --
MS. SOLAGES: IS THAT THE UTILITY? I JUST WANT TO
CLAR -- I DON'T WANNA MOVE AWAY FROM THIS SO I WANNA JUST CLARIFY. IS
THAT THE UTILITY REQUESTING THAT?
MR. PALMESANO: WELL, THAT'S WHAT THE UTILITIES. I
MEAN, IF YOU HEAR -- IF YOU SEE THE RATE INCREASES THAT ARE GOING ON
AROUND THE STATE, EVERY ONE OF THEM ARE SAYING IT'S TO PAY FOR THE GREEN
ENERGY MANDATES THAT THIS HOUSE HAS PASSED, THAT YOUR SIDE OF THE AISLE
HAS ADVOCATED, THAT GOVERNOR HOCHUL HAS ADVOCATED FOR THAT'S GONNA
INCREASE RATES.
(INDISCERNIBLE/CROSS-TALK.)
MS. SOLAGES: I -- I -- I WOULD -- I THINK THAT WE'RE
STRAYING AWAY (INDISCERNIBLE/CROSS-TALK) --
MR. PALMESANO: I DON'T WE'RE STRAYING AWAY --
MS. SOLAGES: BUT THE CHIEF IN BILL [SIC] RIGHT NOW
IS STRICTLY TALKING ABOUT RATE INCREASES.
MR. PALMESANO: SURE.
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MS. SOLAGES: AND RATE PROCEEDINGS. AND SO
ANYTHING OF -- ANYTHING ELSE WOULD BE --
MR. PALMESANO: SO I GUESS I'LL ASK --
MS. SOLAGES: -- STRAYING AWAY FROM THE
CONVERSATION.
MR. PALMESANO: I GUESS I'LL ASK YOU THE
QUESTION. SO WHEN THE UTILITIES GO BEFORE THE PSC FOR A RATE INCREASE,
THEY'RE PAYING FOR A PORTION OF THE BILL. BECAUSE ABOUT 50 PERCENT --
MS. SOLAGES: WHEN YOU SAY "THEY", YOU MEAN THE
RATEPAYERS?
MR. PALMESANO: THE UTILITIES. THE UTILITIES
WHEN THEY GO BEFORE THE RATE -- THE PSC FOR A RATE INCREASE, THEY ARE
GOING FOR A PORTION OF THE BILL. BECAUSE 50 PERCENT IS SUPPLY, IT'S PASS-
THROUGH. ABOUT A THIRD OF IT IS TAXES AND FEES AND ASSESSMENTS, ANOTHER
OR 30 OR 25 PERCENT IS FOR THE SUPPLY AND DELIVERY. SO WHEN THEY GO
FOR THAT, THAT'S THE -- THAT'S WHAT THE UTILITIES HAVE BEEN SAYING, THE
REASON THEY'RE ASKING FOR THESE REALLY -- THEY'RE HIGH INCREASES. I'M NOT
ARGUING WITH -- THEY'RE HIGH INCREASES. IT'S TO PAY FOR THESE GREEN
ENERGY MANDATES. THAT'S WHAT THEY'RE SAYING. YOU DISAGREE WITH THAT?
MS. SOLAGES: AND SO WHAT I'M SAYING IS THAT LET
THE INTERVENORS AND THE COMMUNITY HAVE A CONVERSATION AND BE PART OF
THE PROCEEDINGS.
MR. PALMESANO: OKAY, THAT'S FINE.
MS. SOLAGES: YOU KNOW, WE COULD SIT HERE AND
TALK ABOUT EXAMPLES AND NUANCES. BUT THE REAL CONVERSATION IS JUST
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ALLOWING PEOPLE TO HAVE A VOICE IN THIS --
MR. PALMESANO: I UNDERSTAND.
MS. SOLAGES: -- AND TO NOT -- TO ALSO MAKE SURE
THAT UTILITIES DON'T HAVE JUST UNLIMITED MONEY TO PAY FOR ATTORNEYS AND
LAWYERS, AND NOT THE AVERAGE PERSON CAN GET SOME OF THAT RATEPAYER
MONEY TO HELP ADVOCATE FOR THAT. AND I DON'T THINK THAT'S WRONG.
THAT'S PUTTING MONEY BACK INTO PEOPLE'S POCKETS TO ENSURE THAT --
MR. PALMESANO: I --
MS. SOLAGES: -- THEY COULD FIGHT AGAINST --
MR. PALMESANO: I -- I HEAR YOU.
MS. SOLAGES: -- THE RATE INCREASES, VERSUS THE
UTILITIES WHO ALREADY, YOU KNOW, HAS -- YOU KNOW, IS ALREADY CHARGING
US. SO THEY'RE GETTING TWO BITES OF THE APPLE WHILE THE AVERAGE --
MR. PALMESANO: AND -- AND I DO UNDERSTAND.
MS. SOLAGES: -- RATEPAYER IS STRUGGLING.
MR. PALMESANO: I UNDERSTAND. IT'S JUST,
ESPECIALLY WITH THE UTILITIES, YOU KNOW, THEY'RE ALL DESIGNATED TO A
CERTAIN TERRITORY, THEY'RE ALL GUARANTEED A RATE OF RETURN ON THEIR
REGULATION. BUT THIS ALSO APPLIES TO CABLE AND INTERNET PROVIDERS WHICH
OPERATE IN AN OPEN COMPETITIVE MARKET. DO YOU THINK THIS IS
APPLICABLE, WE SHOULD BE APPLYING IT TO THEM WHEN THEY'RE OPEN --
OPERATING IN AN OPEN AND COMPETITIVE MARKETPLACE? ESPECIALLY WHEN
OUR CABLE AND OUR INTERNET PROVIDERS ARE TRYING TO PROVIDE BROADBAND TO
OUR -- ESPECIALLY OUR RURAL AREAS. YOU THINK THAT'S A GOOD PLACE FOR THIS
TO BE AS A LAW ON THIS INTERVENOR FUND?
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MS. SOLAGES: I -- I JUST MAKE WANNA MAKE SURE
FOR THE RECORD THAT THIS WOULD ONLY APPLY TO CASES RELATING TO THE PRICE
OF GAS, STEAM, ELECTRIC SERVICES, AS WELL AS CASES ABOUT SOME METERING
AND METERING ON RESIDENTIAL PREMISES. SO I JUST WANNA JUST CLARIFY --
MR. PALMESANO: OKAY. FAIR ENOUGH.
MS. SOLAGES: -- THE RECORD. AND IT'S RESIDENTIAL.
THAT'S -- RESIDENTIAL, THAT'S OUR NEW YORKERS THAT WE FIGHT FOR EVERY
DAY; YOUR CONSTITUENTS, MY CONSTITUENTS.
MR. PALMESANO: THAT -- THAT'S FAIR ENOUGH. I DO
-- I APPRECIATE THAT CLARIFICATION.
MS. SOLAGES: IS IT 30 MINUTES YET?
MR. PALMESANO: NO, WE'VE GOT ABOUT TEN LEFT.
SO, SHOULD INTERVENORS WHO ARE PARTICIPATING IN THIS
PROCESS -- LIKE, SO THE PSC HAS THE ABILITY TO COMBINE INTERVENORS IF
THEY'RE ALL IN THE SAME INTEREST? THEY CAN COMBINE INTERVENORS IN THE
PROCESS, YOU SAID?
MS. SOLAGES: YES, MADAM SPEAKER.
MR. PALMESANO: OKAY. SO IF THERE ARE
ORGANIZATIONS THAT ARE RECEIVING TAXPAYER FUNDS, WOULD THEY STILL BE
ABLE TO RECEIVE INTERVENOR FUNDS? LIKE, FOR EXAMPLE, THE PUBLIC --
PUBLIC UTILITY LAW PROJECT, THEY GET TAXPAYER FUNDS TO ADVOCATE.
WOULD THEY ALSO BE ELIGIBLE FOR THESE INTERVENOR FUNDS?
MS. SOLAGES: I'M GLAD THAT YOU MENTIONED PULP,
WHICH IS A GREAT, GREAT ADVOCACY GROUP THAT REALLY GOES INTO
COMMUNITIES AND PROVIDES SUPPORT AND HELP FOR INDIVIDUALS. SO THEY
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MAY BE ABLE TO ACCESS SOME OF THIS FUND AS WELL. BUT AGAIN, THE -- THE
-- THERE'S AN ENTITY THAT WILL BE VETTING AND LOOKING AT WHO IS
PARTICIPATING, HOW THEY'RE PARTICIPATING, AND DETERMINE IF THEY SHOULD
BE GETTING REIMBURSEMENT.
MR. PALMESANO: OKAY, GREAT.
DO YOU SEE ANY CONFLICT IN FUNDING A SEGMENT OF
RATEPAYERS WHO ARE INTERESTED OR WHO ARE IN CONFLICT WITH OTHER
RATEPAYERS AT LARGE, WHICH MIGHT HAVE COST SHIFTS SHIFTED ON UPON
THEM?
MS. SOLAGES: MADAM SPEAKER --
MR. PALMESANO: FOR EXAMPLE, I -- WHAT I'M
SAYING IS -- IS WIND AND SOLAR ADVOCATES ARE OBVIOUSLY ADVOCATING FOR
WIND AND SOLAR PROJECTS. WE HAVE OFFSHORE WIND PROJECTS BEING DONE,
ADVOCATING DOWN ON LONG ISLAND WHERE THOSE INDIVIDUALS WHO ARE
OPPOSED TO WIND AND SOLAR OFF THE COAST OF LONG ISLAND, OR THOSE WHO
ARE OPPOSED TO WIND AND SOLAR BE ELIGIBLE FOR THESE INTERVENOR FUNDS TO
ADVOCATE AGAINST THIS FUNDING?
MS. SOLAGES: SO, THAT WOULD BE DETERMINED BY
THE -- THE GOVERNING BODY, AND THEY WOULD LOOK AT EACH AND EVERY
ENTITY THAT IS APPLYING FOR FUNDS AND DETERMINE THEIR LEVEL OF
PARTICIPATION AND ALSO DETERMINE IF THERE ARE LIKE-MINDED GROUPS THAT
CAN COLLABORATE AND WORK TOGETHER. SO THIS BILL DOES CREATE GUARDRAILS
FOR FOLKS. AND SO, YOU KNOW, WE'RE JUST MAKING SURE THAT WE'RE
ALLOWING NON-PROFIT ORGANIZATIONS, GROUPS OF INDIVIDUALS THAT REPRESENT
THE INTERESTS OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS
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UTILITY CUSTOMERS, ALLOWING THEM TO APPLY FOR THE REIMBURSEMENT OF
REASONABLE FEES AND THE OTHER COSTS ASSOCIATED WITH PARTICIPATING IN A
UTILITY RATE CASE AND OTHER POLICY PROCEEDINGS BEFORE THE PUBLIC SERVICE
COMMISSION.
MR. PALMESANO: OKAY. WELL, THANK YOU, MS.
SOLAGES. I APPRECIATE YOUR TIME.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. PALMESANO: I CERTAINLY APPRECIATE THE
SPONSOR'S INTENT. WHEN WE WERE DISCUSSING THE BILL SHE CITED THE HIGH
COST OF THE UTILITY BILLS THAT ALL OF OUR CUSTOMERS AND CONSUMERS ARE
FACING. YOU KNOW, I ALSO APPRECIATE HER PERSEVERANCE ON A BILL THAT'S
BEEN VETOED SEVERAL TIMES, AND MOST LIKELY, IN MY OPINION, PROBABLY BE
VETOED AGAIN. BUT THAT'S NOT NEITHER HERE NOR THERE.
YESTERDAY WE DEBATED A UTILITY ADVOCATE BILL, AND I
THINK HOW MANY BILLS DO WE NEED? DO WE REALLY NEED BOTH? DO WE
NEED EITHER? I SAY NO. I BELIEVE IT'S DUPLITIC -- DUPLICATIVE,
UNNECESSARY AND COSTLY. THEY ARE A NUMBER OF DIFFERENT ORGANIZATIONS
THAT ARE ADVOCATING ON BEHALF OF THE RATEPAYER. WE HAVE THE
DEPARTMENT OF PUBLIC SERVICE OFFICE OF CONSUMER SERVICES. YOU HAVE
THE -- THE UTILITY INTERVENTION UNIT AT THE DEPARTMENT OF STATE, AND THEN
THE DIVISION OF CONSUMER PROTECTION ALREADY OPERATES WITH TAXPAYER
FUNDS ON BEHALF OF CONSUMERS. THE UTILITY INTERVENTION UNIT SUBMITS
FORMAL COMPLAINTS ON PROPOSALS AND REGULATIONS, AND PROVIDES
TESTIMONY BEFORE THE PSC. YOU HAVE THE 2020 -- THE STATEWIDE
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SPECIAL COUNSEL FOR RATEPAYER PROTECTION, WHO IS -- MAY PARTICIPATE IN
PSC PROCEEDINGS, HEARINGS AND INVESTIGATIONS. YOU ALSO HAVE THE --
THE PUBLIC UTILITY LAW PROJECT, AND WE HAVE OFFICE OF THE ATTORNEY
GENERAL.
NOW, WHEN THE GOVERNOR VETOED THIS BILL SEVERAL
TIMES, FOR THE LAST TIME SHE VETOED THE BILL, I SAID AT THE BEGINNING, SHE
SAID, THIS BILL IS IDENTICAL TO LEGISLATION I VETOED IN 2022 AND 2023.
AND SINCE IT IS DUPLICATIVE OF EXISTING CONSUMER PROTECTION EFFORTS
WITHIN THE DEPARTMENT OF PUBLIC SERVICE AND THE DEPARTMENT OF STATE,
IT COULD ALSO LEAD TO THE COST BEING PASSED ON TO RATEPAYERS, RAISING
UTILITY RATES AT A TIME WHEN AFFORDABILITY IS A TOP PRIORITY FOR MOST NEW
YORKERS.
DURING THIS DISCUSSION, WE ALREADY ESTABLISHED THERE
IS NO COST ASSOCIATED WITH THIS PROGRAM, IT'S GONNA BE DETERMINED BY
THE PSC. THERE IS NO CAP ON THE COST WITH THIS PROGRAM. IT'S GONNA BE
DETERMINED BY THE PSC. THERE'S NO CAP ON THE NUMBER OF INTERVENORS.
THAT'S GONNA BE DETERMINED BY THE PSC. AND HOW MUCH DISCRETION
ARE WE GONNA GIVE THE PSC? AT THE END OF THE DAY, THIS WILL BE BORNE
BY THE RATEPAYERS WITH HIGHER RATES AT A TIME WHEN RATES ARE SOME OF
THE HIGHEST IN THE NATION AND OUR -- OUR RESIDENTS AND OUR SMALL
BUSINESSES, OUR MANUFACTURERS AND OUR FARMERS ARE ALREADY STRUGGLING
WITH HIGH UTILITY COSTS. THEY KNOW IT. ALL YOU HAVE TO DO IS LISTEN TO
THE PHONE CALLS THAT COME INTO YOUR OFFICE. AND I'LL DISCUSS SOME OF
THOSE COSTS. RIGHT NOW, ONE-THIRD OF YOUR BILL IS ALREADY MADE UP OF
TAXES, FEES AND ASSESSMENTS THAT HAVE BEEN PLACED ON UTILITY BILLS BY
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THIS HOUSE TO PAY FOR MANY OF THESE GREEN ENERGY MANDATES.
SO WE'VE ALREADY TALKED ABOUT THE FACT THAT YOU HAVE
FIVE DIFFERENT ORGANIZATIONS OUT THERE -- YOU KNOW, I MENTIONED THAT.
AND AS I SAID YESTER -- YESTERDAY DURING THE DISCUSSION, THIS WILL NOT
REDUCE UTILITY RATES FOR CUSTOMERS. THEY'RE ALREADY HIGH.
I -- AND I APPRECIATE THE EFFORT OF THE SPONSOR. I KNOW
SHE'S VERY PERSISTENT ABOUT IT. I KNOW SHE WANTS TO HELP THE RATEPAYER.
BUT I THINK WHAT'S CONTINUING TO HAPPEN IN THIS HOUSE WITH THE BILLS
THAT ARE BEING ADVANCED, IT CONTINUES TO BE A FAILURE TO RECOGNIZE IT'S
THE POLICIES ON YOUR SIDE OF AISLE, IT'S THE POLICIES OF THIS GOVERNOR THAT
CONTINUE TO DRIVE UP THE RATES AND COSTS TO FAMILIES AND BUSINESSES IN
THE STATE OF NEW YORK. AGAIN, AS I SAID A FEW MINUTES AGO, ABOUT
APPROXIMATELY 30 PERCENT OR ONE-THIRD OF YOUR BILL IS MADE UP OF TAXES,
FEES AND ASSESSMENTS TO PAY FOR THESE GREEN ENERGY MANDATES. BUT YET
WHEN WE HAVE LEGISLATION TO SAY LET'S BE -- LET'S BE (INDISCERNIBLE)
DISCLOSURE TO THE RATEPAYER ABOUT THESE COSTS, IT GETS DEFEATED IN
COMMITTEE BECAUSE THEY SAY IT'S NOT APPROPRIATE.
YES, WE CAN HAVE AN INTERVENOR TO INTERVENE. BUT
WHAT CAN THEY INTERVENE ON? CAN THEY INTERVENE ON THE GREEN
MANDATES THAT THIS HOUSE HAS ADVANCED? THE CLCPA? CAN THEY
INTERVENE ON THE ONE-THIRD OF THE -- OF YOUR BILL THAT'S TAXES, FEES, AND
ASSESSMENTS? CAN THEY INTERVENE ON THE COST OF THE CONVERSION FROM
FULL -- TO FULL ELECTRIVATION [SIC] FROM NATURAL GAS, CONSIDERING 60
PERCENT OF NEW YORKERS HEAT -- USE NATURAL GAS TO HEAT YOUR HOMES?
FORTY PERCENT OF OUR GENERATION COMES FROM NATURAL GAS. THESE ARE --
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THESE ARE THE PROBLEMS THAT NEW YORKERS CARE ABOUT. YOU DON'T REALLY
NEED AN -- AN -- A UTILITY INTERVENOR TO ADDRESS THAT PROBLEM OR TO
RECOGNIZE THAT PROBLEM. ALL YOU HAVE TO DO IS LOOK AT THE POLICIES THAT
COME OUT OF THIS HOUSE. AND WHAT HAVE THESE POLICIES DONE? AS I
MENTIONED YESTERDAY, IF WE DON'T CHANGE THE METHODOLOGY TO MEASURE
EMISSIONS FROM 20 YEARS TO 100 YEARS, PRICES AT THE PUMP WILL INCREASE
(INDISCERNIBLE) FOR NEW YORKERS BY 63 CENTS A GALLON. NATURAL GAS
HOME HEAT INCREASE -- WILL INCREASE BY 79 PERCENT. AS I SAID, IN JULY OF
'23, THE PSC APPROVED $43 BILLION IN FUTURE RATEPAYER INCREASES -- $43
BILLION -- TO CONVERT YOUR HOME OVER FROM NATURAL GAS TO ELECTRIC.
SEVERAL DIFFERENT ESTIMATES SAID IT WOULD COST ON AVERAGE
$35-PLUS-THOUSAND. THE CLIMATE ACTION COUNCIL STUDY, THE CONSUMER
ENERGY ALLIANCE AND IN OTHERS, THIS IS...
WE TALKED THE ELECTRIC SCHOOL BUS MANDATE, THE
MOTHER OF ALL UNFUNDED MANDATES, COSTS $150,000 VERSUS $400,000 FOR
AN ELECTRIC SCHOOL BUS. $8- TO $15 BILLION IN REPLACEMENT COSTS. THAT
DOESN'T EVEN GET INTO THE EV CHARGING STATION -- EV CHARGING THAT'S
NEEDED FOR OUR SCHOOLS. IT DOESN'T GET INTO -- INTO THE UPGRADES THAT ARE
NEEDED FOR OUR ELECTRIC INFRASTRUCTURE FOR OUR SCHOOLS. ONE SCHOOL
DISTRICT SAID IT WOULD COST THEM $30 MILLION, ANOTHER SAID IT WAS $10
MILLION, JUST TO BRING THE POWER IN FROM THE GRID.
WE'VE GOT THE ACT REGULATION, WHICH WILL DEVASTATE
THE TRUCKING INDUSTRY. THE ADVANCED CLEAN CAR RULE, WHICH WILL
DEVASTATE THE AUTO INDUSTRY IN THE STATE OF NEW YORK. AND THE FACT OF
THE MATTER IS THAT IN 2019 THE -- THE RESIDENTIAL ELECTRICITY RATE WAS 17
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CENTS PER KILOWATT HOUR, NOW IT'S 26 CENTS PER KILOWATT HOUR, MORE THAN
40 PERCENT HIGHER THAN THE NATIONAL AVERAGE. I MEAN, IT JUST SHOWS TIME
AND TIME AGAIN, THE POL -- THE ENERGY POLICIES, THE CLIMATE POLICY IN THIS
STATE IS SIMPLY DESIGNED TO DISMANTLE THE AFFORDABLE AND RELIABLE
NATURAL GAS INFRASTRUCTURE SUPPLY AND DELIVERY SYSTEM. IT'S TOTALLY
DESIGNED TO TAKE AWAY CONSUMER CHOICE ON HOW YOU HEAT YOUR HOME,
COOK YOUR FOOD, POWER YOUR BUILDING AND --
ACTING SPEAKER HUNTER: THANK YOU, MR.
PALMESANO.
MR. PALMESANO: FOR THIS AND MANY OTHER
REASONS, MADAM, SPEAKER, I WILL BE VOTING IN THE NEGATIVE ON THIS BILL
AND I URGE MY COLLEAGUES DO THE SAME THING.
(APPLAUSE)
ACTING SPEAKER HUNTER: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
MINORITY CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF
LEGISLATION, BUT IF THERE ARE MEMBERS WISHING TO VOTE IN THE AFFIRMATIVE
THEY MAY DO SO NOW.
THANK YOU.
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ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, THE
MAJORITY CONFERENCE IS GONNA BE IN FAVOR OF THIS PIECE OF LEGISLATION.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 18, RULES REPORT NO. 488, THE CLERK READ.
THE CLERK: ASSEMBLY NO. A02611, RULES REPORT
NO. 488, OTIS, SEAWRIGHT, SIMON, STIRPE, SAYEGH. AN ACT TO AMEND THE
REAL PROPERTY LAW, IN RELATION TO REQUIRING LANDLORDS TO MITIGATE
DAMAGES WHEN COMMERCIAL TENANTS VACATE PREMISES IN VIOLATION OF THE
TERMS OF THE LEASE.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MR. OTIS.
MR. OTIS: THANK YOU, COLLEAGUES.
THE BILL BEFORE US TODAY IS TO RESTORE THE DUTY TO
MITIGATE DAMAGES IN CASES OF COMMERCIAL TENANTS AND COMMERCIAL
LEASES. THAT WAS THE LAW OF NEW YORK STATE BEFORE 1995 WHEN A
COURT OF APPEALS DECISION REMOVED THAT OBLIGATION, WHICH IS GENERALLY
IN COMMON LAW WITH THE PRACTICES AROUND THE COUNTRY. IN 2019, WE
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RESTORED THE DUTY TO MITIGATE DAMAGES IN THE CASES OF RESIDENTIAL LEASES
AND HAD LANGUAGE IN THERE THAT WOULD BE USED IN -- IN THE CASE OF THIS
BILL THAT HAS THE BURDEN PRETTY LOW IN TERMS OF JUST A DUTY TO TRY AND
FIND ANOTHER TENANT FOR THAT SPACE.
THIS IS A GOOD BILL FOR SMALL BUSINESS, ESPECIALLY TO --
IN RETAIL SPACES TO NOT MAKE IT SO EASY FOR A -- A COMMERCIAL LANDLORD TO
LEAVE A SPACE VACANT, WHICH COULD HURT OTHER RETAIL BUSINESSES IN A
RETAIL MULTI-BUSINESS SETTING. AND SO, I'LL LEAVE IT THERE.
HAPPY TO ANSWER ANY QUESTIONS AND TALK IN MORE
DETAIL, BUT I RECOMMEND SUPPORT FOR BASICALLY RESTORING THE LAW TO WHAT
IT WAS BEFORE 1995, MAKING THE LAW CONSISTENT TO WHAT WE DID IN 2019
AS IT RELATES TO RESIDENTIAL LEASES. AND MORE BROADLY, AS A MATTER OF
JURISPRUDENCE, IT'S A PRINCIPLE IN LAW THAT'S LONGSTANDING AND MAKES
SENSE AND NEW YORK NEVER SHOULD HAVE DEVIATED FROM IT. THANK YOU.
ACTING SPEAKER HUNTER: MR. MOLITOR.
MR. MOLITOR: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. OTIS: OF COURSE.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. MOLITOR: THANK YOU, MR. OTIS. I APOLOGIZE
FOR TALKING BEHIND YOUR BACK AND OVER YOU AT THE SAME TIME.
(LAUGHTER)
SO, MR. OTIS, THIS BILL HAS BEEN AROUND FOR A FEW
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YEARS. HAS THIS BILL CHANGED SUBSTANTIALLY AT ALL FROM LAST YEAR'S
VERSION?
MR. OTIS: NO, IT IS EXACTLY THE SAME. WE'VE PASSED
THIS BILL A NUMBER OF TIMES AND MOVED THIS BILL A NUMBER OF TIMES.
AND THE ASSEMBLY -- THE WISER HOUSE -- HAS CHOSEN TO PASS THIS BILL.
THE SENATE HAS NOT COME TO THAT SENSE OF WISDOM YET, BUT I'M SURE
THEY WILL.
MR. MOLITOR: WOULD THAT MAKE ME WISER SINCE
I'M IN THE WISER HOUSE, MR. OTIS?
MR. OTIS: I THINK THAT'S -- HAVING GOTTEN TO KNOW
YOU, I THINK THE ANSWER IS YES.
MR. MOLITOR: SO ALL RIGHT. MR. OTIS, IN THE EVENT
A COMMERCIAL TENANT BREACHES A CONTRACT, THE TENANT, UNDER THIS BILL,
WOULD NOT BE BOUND BY A LEASE AGREEMENT THAT PROVIDED FOR LIQUIDATED
-- LIQUIDATED DAMAGES UPON A -- A BREACH OF THAT CONTRACT; ISN'T THAT
CORRECT?
MR. OTIS: THAT'S ACTUALLY NOT -- NOT ACCURATE. THE
-- THE DEFAULTING TENANT WOULD STILL BE LIABLE, BUT THE LANDLORD WOULD
HAVE A DUTY TO MAKE AN ATTEMPT TO TRY AND LEASE THE SPACE AND -- AND IN
THAT CASE, IT MAY RELIEVE THE -- THE TENANT OF THAT BURDEN. BUT I SHOULD
ADD AT THIS JUNCTURE BECAUSE THE BURDEN'S RATHER LOW, AND I'M GONNA
READ FROM THE -- THE EXISTING STATUTE --
MR. MOLITOR: MR. OTIS, I'M SORRY TO INTERRUPT YOU.
MR. OTIS: OKAY.
MR. MOLITOR: BEFORE YOU READ, I THINK YOU -- I
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THINK I MIGHT HAVE MISSTATED MY QUESTION. LET ME RE-ASK IT.
MR. OTIS: OKAY. I APOLOGIZE.
MR. MOLITOR: IF A COMMERCIAL LANDLORD AND A
COMMERCIAL TENANT NEGOTIATE A LEASE, AND IN THAT LEASE THEY AGREE THAT
IN THE EVENT OF A BREACH OF CONTRACT THERE WOULD BE LIQUIDATED DAMAGES
WHERE THE TENANT WOULD HAVE TO PAY THE LANDLORD FOR THAT BREACH,
WOULDN'T THIS BILL, IF IT BECOMES LAW, ELIMINATE THAT? THOSE CONTRACTED
TERMS?
MR. OTIS: WELL, AGAIN THE -- THE LAST SECTION -- THE
LAST SENTENCE OF THE BILL SAYS, "ANY PROVISION IN A LEASE THAT EXEMPTS A
LANDLORD'S DUTY TO MITIGATE DAMAGES UNDER THIS SECTION SHALL BE VOID AS
CONTRARY TO PUBLIC POLICY." SO, THE WAY I WOULD INTERPRET YOUR -- YOUR
QUESTION IS, A TENANT WHO DEFAULTED WOULD NOT BE RELIEVED OF THE DUTY
TO PAY DAMAGES, BUT A -- A LANDLORD WOULD STILL HAVE A DUTY TO MAKE
REASONABLE EFFORTS TO TRY AND RE-LEASE THE PROPERTY, IN WHICH CASE THAT
MAY ACTUALLY RELIEVE THE DEFAULTING TENANT OF THAT OBLIGATION BECAUSE
THAT'S WHAT THE POINT OF MITIGATING DAMAGES IS. AND THIS IS THE POINT
WHERE I'M GONNA READ FROM ANOTHER SECTION, IF YOU'LL ALLOW ME.
MR. MOLITOR: WELL, LET ME JUST, IF I COULD, JUST ASK
--
MR. OTIS: OKAY. SURE.
MR. MOLITOR: -- A CLARIFYING QUESTION. BUT IN THAT
SCENARIO, THE LIQUIDATED DAMAGES THAT WERE AGREED UPON IN THE CONTRACT
IN CASE OF A BREACH, THAT PROVISION OF THE CONTRACT WOULD BE NULL AND
VOID BASED UPON THAT LANGUAGE THAT YOU HAD JUST READ FROM THE BILL; IS
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THAT CORRECT?
MR. OTIS: NO, I DON'T THINK SO. I THINK THAT -- I
THINK THAT THE OBLIGATION TO PAY DAMAGES IS NOT RELIEVED, BUT THERE IS A
DUTY TO TRY AND MITIGATE ON THE PART OF THE LANDLORD. AND SO I -- I'LL
DIFFER ON OUR INTERPRETATION OF EXACTLY HOW THAT WORKS.
MR. MOLITOR: I UNDERSTAND.
MR. OTIS: NOW -- NOW CAN I READ MY LITTLE -- I WANT
TO READ IT JUST BECAUSE I WANT TO SHOW THE BURDEN'S LOW FOR THE -- FOR
THE LANDLORD.
MR. MOLITOR: NO, NO. I UNDERSTAND. I -- I'VE READ
THAT PART OF THE SECTION. I'D LIKE TO --
MR. OTIS: BUT NOT EVERYONE HERE HAS HEARD.
MR. MOLITOR: I -- I'M SURE THEY HAVE. I'M SURE
EVERYONE HAS READ YOUR BILL, MR. OTIS.
BUT THE -- SO I JUST WANT TO BE CLEAR. THE DAY THAT THIS
BILL BECOMES LAW, IT WOULD INVALIDATE ALL THOSE PREVIOUSLY NEGOTIATED
LEASE TERMS THAT PROVIDE FOR LIQUIDATED DAMAGES AND/OR REQUIRE THE
BREACHING TENANT TO SUBLET AND MITIGATE DAMAGES.
MR. OTIS: SO AGAIN, MY ANSWER IS THE SAME, WHICH
IS TO THE EXTENT THAT THOSE LEASE PROVISIONS WOULD INVALIDATE THE DUTY TO
MITIGATE, THOSE LEASE PROVISIONS WOULD NOT BE EFFECTIVE TO THAT EXTENT.
BUT I DO NOT INTERPRET IT AS RELIEVING THE -- WE'LL TAKE THE SCENARIO
WHERE SOMEONE HAS MADE A REASONABLE ATTEMPT TO RE-LEASE THE PROPERTY
AND BEEN UNSUCCESSFUL. THE DEFAULTING TENANT WOULD STILL BE LIABLE FOR
THEIR DAMAGES.
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MR. MOLITOR: ALL RIGHT. THANK YOU, MR. OTIS.
NOW, I -- I'M SURE, AS YOU KNOW, IN A COMMERCIAL
LEASE AGREEMENT THE -- THESE ARE -- YOU KNOW, BOTH PARTIES ARE
REPRESENTED BY ATTORNEYS. THE ATTORNEYS NEGOTIATE THESE LEASE
AGREEMENTS AND, YOU KNOW, THEY'RE -- THEY FINE-TUNE THEM. WHY
SHOULD THE STATE LEGISLATURE STEP IN AND UNDO THOSE LEASE AGREEMENTS
THAT HAVE BEEN CAREFULLY AGREED UPON BY WELL-REPRESENTED AND
EXPERIENCED PARTIES?
MR. OTIS: WELL, BECAUSE THE DUTY TO MITIGATE,
WHICH IS A PRINCIPLE THAT GOES BACK HUNDREDS OF YEARS IN LAW, MAKES A
LOT OF SENSE. AND SO EVEN BEFORE 1995, ATTORNEYS FOR BOTH SIDES
NEGOTIATED LEASE AGREEMENTS, AND THAT WOULD STILL BE THE CASE. BUT THE
PRINCIPLE AND THE BENEFIT OF HAVING THE DUTY TO MITIGATE HAS A BENEFIT IN
LAW THAT WE CHOSE TO ADOPT IN RESIDENTIAL LEASES IN 2019, AND WE
SHOULD, IN MY VIEW, BRING ON TO COMMERCIAL LEASES WITH THIS
LEGISLATION.
MR. MOLITOR: BUT IN THE ALMOST 30 YEARS SINCE THE
NEW YORK COURT OF APPEALS RELIED UPON PRECEDENT IN HOLDING THAT THE
DUTY TO MITIGATE FOR COMMERCIAL LANDLORDS DOES NOT EXIST, THERE -- THERE
HAS NOT BEEN ANY GREAT BURDEN PLACED UPON OUR BUSINESSES WHO HAVE
BEEN SINCE THAT TIME NEGOTIATING AND ENTERING INTO LEASE AGREEMENTS FOR
ALL THESE YEARS; ISN'T THAT CORRECT?
MR. OTIS: WELL, ACTUALLY, I -- I WOULD NOT AGREE
WITH THAT ASSUMPTION. IN FACT, WHEN I FIRST INTRODUCED THIS LEGISLATION I
HEARD FROM TENANTS WHO WERE IN THIS SITUATION AND FELT STRONGLY THAT THE
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DUTY TO MITIGATE WOULD BE A GOOD THING FOR BUSINESSES AND FOR THE LAW.
MR. MOLITOR: WELL, I UNDERSTAND -- I UNDERSTAND
THE PROBLEM OF HAVING, YOU KNOW, EMPTY BUILDINGS. WE -- YOU AND I
HAVE TALKED ABOUT THIS, AND HOW THOSE EMPTY BUILDINGS MIGHT IMPOSE,
YOU KNOW, A PROBLEM WITHIN THE COMMUNITY. AREN'T WE CREATING A
LARGER PROBLEM HERE WITH THIS BILL IN FORCING A LANDLORD, BY LAW, TO FIX
UP AND RENT OUT A SPACE INSTEAD OF COLLECTING DAMAGES FROM A
BREACHING TENANT?
MR. OTIS: NO, I THINK TO THE CONTRARY. EMPTY
STOREFRONTS ARE BAD FOR THE ECONOMY, BAD FOR OTHER BUSINESSES. AND
THIS WILL BE THE PLACE WHERE I READ THE LANGUAGE THAT --
MR. MOLITOR: GO AHEAD, MR. OTIS.
MR. OTIS: -- THAT YOU -- YOU HAVE READ, WHICH IS,
AGAIN, THE BURDEN IS PRETTY LOW. THE LANGUAGE IN THE LAW NOW FOR
RESIDENTIAL LEASES AND WOULD BE FOR COMMERCIAL LEASES IS THAT THE -- THE
DUTY FALLING UPON THE LANDLORD IS TO IN GOOD FAITH AND ACCORDING TO
LANDLORD'S RESOURCES AND ABILITIES, TAKE REASONABLE AND CUSTOMARY
ACTIONS TO RENT THE PREMISES AT FAIR MARKET VALUE OR TO A RATE AGREED TO
DURING THE PREMISES AT FAIR MARKET VALUE OR A RATE AGREED TO DURING THE
TERM OF THE PREVIOUS TENANT TO MITIGATE DAMAGES. SO IT'S -- WHEN THE
RESIDENTIAL RIGHT DUTY TO MITIGATE WAS ENACTED IN 2019, GREAT CARE WENT
INTO THAT THE LANGUAGE TO MAKE SURE THAT THE BURDEN WAS NOT TOO HIGH
ON LANDLORDS.
MR. MOLITOR: THANK YOU FOR READING THAT SECTION.
I DID WANT TO FOCUS ON LINE -- THE -- THE VERY END OF THAT CLAUSE THAT YOU
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READ. I'M GONNA READ IT AGAIN, BUT I JUST WANT TO FOCUS ON THE VERY END
OF THAT CLAUSE, WHICH IS ON LINE 12. SO IT SAYS IF A TENANT VACATES A
PREMISES IN VIOLATION OF THE TERMS OF THE LEASE, THE LANDLORD SHALL, IN
GOOD FAITH AND ACCORDING TO THE LANDLORD'S RESOURCES AND ABILITIES, TAKE
REASONABLE AND CUSTOMARY ACTIONS TO RENT THE PREMISES AT FAIR MARKET
VALUE OR AT THE RENT -- AT THE RATE AGREED TO DURING THE TERM OF THE
TENANCY -- AND THIS IS THE PART I WANT TO FOCUS ON -- WHICHEVER IS LOWER.
DON'T YOU THINK IT'S UNDULY BURDENSOME -- I MEAN, NOT ONLY DO
COMMERCIAL LANDLORDS NOW HAVE TO -- HAVE TO MITIGATE, RIGHT, THEY HAVE
TO MAKE REASONABLE EFFORTS TO TRY TO FIND SOMEBODY TO NOW RENT THIS
SPACE. BUT IF SOMEBODY COMES ALONG AND SAYS, I'LL GIVE YOU MORE THAN
FAIR MARKET VALUE, OR THE FAIR MARKET VALUE IS MORE THAN WHAT THE
PREVIOUS TENANT PAID, ACCORDING TO THIS BILL LANGUAGE THEY COULDN'T
ACCEPT THAT.
MR. OTIS: I'M NOT SURE THAT I -- I READ IT THAT WAY.
BUT THIS SECTION IS THE EXISTING LAW. THAT'S THE LAW FOR RESIDENTIAL
LEASES NOW. AND THE -- SO I -- I THINK I DO NOT AGREE WITH YOUR -- YOUR
INTERPRETATION HERE THAT -- CERTAINLY, THEIR DUTY TO MITIGATE ISN'T GOING TO
-- SHOULD NOT BENEFIT THE DEFAULTING TENANT GREATER THAN WHAT THEY
WOULD HAVE HAD TO PAY HAD THEY STILL STAYED IN THE SPACE. I THINK THAT
THAT'S WHAT THAT PHRASE IS INTENDED TO ADDRESS.
MR. MOLITOR: WELL, YOU KNOW, AND I UNDERSTAND
MITIGATING, YOU KNOW, DAMAGES, RIGHT? IT -- IT BENEFITS THE TENANT, YOU
KNOW, BECAUSE THEN THE TENANT DOESN'T HAVE TO PAY BACK AS MUCH OF
WHAT THEY OWE. MY -- MY CONCERN IS THAT LANGUAGE, WHICH --
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"WHICHEVER IS LOWER" PREVENTS THE LANDLORD FROM MAKING, YOU KNOW,
MORE MONEY IF A BETTER OPPORTUNITY COMES ALONG IN FURTHERANCE OF THE
-- OF THE DUTY TO MITIGATE. SO I GUESS THAT'S THE ONLY POINT THAT I WOULD
MAKE AND COUNTER.
MR. OTIS: SURELY. I MEAN, I'D JUST SAY THAT -- THAT IS
-- WHEN THE SOLUTION IN 2019 WAS DEVISED, THIS IS -- THESE ARE THE
EQUITIES IN THE FORMULA THAT WAS ARRIVED AT AT THAT TIME.
MR. MOLITOR: I UNDERSTAND. THANK YOU VERY
MUCH FOR YOUR TIME, MR. OTIS.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MOLITOR: I KNOW THAT THE -- THAT THE SPONSOR
OF THIS BILL HAS HAD TO DEBATE MY PREDECESSOR NUMEROUS TIMES, AND I
DON'T WANT TO -- I DON'T WANT TO, YOU KNOW, SHORTCHANGE HIM AT ALL.
AND SO I'D LIKE TO SHARE A LITTLE BIT OF LANGUAGE FROM MY PREDECESSOR
ABOUT THIS BILL, IF I COULD, PLEASE.
SO IN OTHER WORDS, IF THE LANDLORD HAS THE DUTY TO
MITIGATE, THE RENT'S GOING TO BE HIGHER BECAUSE THE LANDLORD IS TAKING ON
MORE RISK. AND SO WE CAN'T STEP -- WE CAN'T AND SHOULDN'T STEP IN THE
MIDDLE AND REWRITE THE LEASE AGREEMENTS THAT HAVE BEEN CAREFULLY
NEGOTIATED WITH LAWYERS BETWEEN LARGE COMPANIES TO CHANGE THE
FUNDAMENTAL TERMS AND CONDITIONS. AS WE MENTIONED, THESE LEASE
AGREEMENTS OFTEN CONTAIN A LIQUIDATED DAMAGE CLAUSE, AND THEY SAY,
LOOK, IF THE TENANT BREACHES, DEPENDING ON HOW MUCH TIME WAS LEFT ON
THE LEASE, THE TENANT AGREES IN ADVANCE TO PAY A CERTAIN AMOUNT. THAT
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NYS ASSEMBLY JUNE 10, 2025
HELPS BOTH THE TENANT AND THE LANDLORD. IT LIMITS THE ABILITY TO THE
TENANT TO AN AMOUNT THEY KNOW, AND IT HELPS THE LANDLORD KNOW WHAT
THEIR REVENUE STREAM IS GOING TO BE.
I WOULD ADD TO THAT THAT SOME LANDLORDS, BASED UPON
THIS LEGISLATION IF PASSED BY BOTH HOUSES AND SIGNED INTO LAW, MAY
WISH TO AVOID THE RISK ALL TOGETHER. THEY'RE GONNA STRUGGLE WITH THE
SUDDEN AND DISRUPTIVE REMOVAL OF THEIR NEGOTIATED LEASE AGREEMENTS,
AND THIS BILL MAY HAVE A NEGATIVE IMPACT ON THE NUMBER OF AVAILABLE
SPACES FOR COMMERCIAL TENANTS IN OUR STATE.
AND SO I'D ENCOURAGE MY COLLEAGUES TO VOTE NO ON
THIS PIECE OF LEGISLATION. THANK YOU.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF
LEGISLATION. IF THERE ARE VOTES IN THE AFFIRMATIVE THEY MAY BE CAST AT
THIS TIME.
THANK YOU SO MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THE MAJORITY
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NYS ASSEMBLY JUNE 10, 2025
CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION;
HOWEVER, THERE MAY BE A COUPLE THAT WANT TO BE AN EXCEPTION. THEY
SHOULD FEEL FREE TO DO SO.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 17, RULES REPORT NO. 463, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08160-A, RULES
REPORT NO. 463, EPSTEIN, ROSENTHAL, COLTON, SHIMSKY, SEAWRIGHT,
REYES, LEVENBERG, BURDICK. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO DIRECTING STATE AGENCIES TO ADOPT A
WASTE DIVERSION PLAN.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MR. EPSTEIN.
MR. EPSTEIN: THANK YOU. THIS BILL CREATES A
LEGISLATIVE PROCESS TO DEAL WITH EXECUTIVE ORDER 22 ON WASTE
REMEDIATION, WASTE MANAGEMENT. IN 2022 THE GOVERNOR SIGNED AN
EXECUTIVE ORDER TO REDUCE WASTE IN GOVERNMENT-OWNED PROPERTIES.
THIS CREATES -- CREATES A STATUTORY OBLIGATION TO DO THAT IN OUR
GOVERNMENT-OWNED PROPERTIES.
ACTING SPEAKER HUNTER: MR. SIMPSON.
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NYS ASSEMBLY JUNE 10, 2025
MR. SIMPSON: MADAM SPEAKER, WILL THE BILL
SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. EPSTEIN: HAPPY TO.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. SIMPSON: WELL, THANK YOU. SO AS YOU SAID, AS
YOU MENTIONED, THE GOVERNOR DID THIS THROUGH EXECUTIVE ORDER 22.
AND SO MY FIRST QUESTION IS, WHY ARE WE PASSING A BILL CODIFYING IT IN
LAW? ISN'T THE GOVERNOR'S EXECUTIVE ORDER SUFFICIENT?
MR. EPSTEIN: WELL, YOU KNOW, AS YOU ARE WELL
AWARE, GOVERNORS CAN ISSUE EXECUTIVE ORDERS AND RETRACT THEM AT ANY
MOMENT, VERSUS LEGISLATION WILL HAVE THE FULL FORCE OF THE LAW OF THE
STATE TO CREATE OBLIGATIONS. AND THERE ARE SOME, YOU KNOW, SLIGHT
DIFFERENCES WITHIN OUR BILL THAN THE EXECUTIVE ORDER. BUT IT JUST REALLY
REQUIRES CODIFICATION OF A MANDATE TO DO WASTE REDUCTION ACROSS OUR
STATE-OWNED PROPERTIES.
MR. SIMPSON: OKAY. AND I SEE THAT YOUR BILL, JUST
LIKE THE GOVERNOR'S EXECUTIVE ORDER, CALLS FOR A REPORT TO BE ISSUED. IT
APPOINTS A GREEN -- NEW YORK -- A GREEN NEW YORK COUNCIL. AND
YOUR BILL DOES THE SAME, IT CONTINUES WITH THAT.
MR. EPSTEIN: YES. SO THE GOVERNOR HAS THE GREEN
COUNCIL. THEY MEET QUARTERLY. THEY HAVE LEADERSHIP FROM ALL -- A
BUNCH OF AGENCIES WHO MEET REGULARLY TO TALK ABOUT HOW WE REDUCE
WASTE IN OUR GOVERNMENT-OWNED PROPERTIES.
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NYS ASSEMBLY JUNE 10, 2025
MR. SIMPSON: ALL RIGHT. I -- I DID DO A SEARCH AND
I LOOKED UP THE -- THE REPORT, AS YOU SUGGESTED. AND ACTUALLY, I THINK
THAT THEY HAVE MADE SIGNIFICANT IMPROVEMENTS IN THE AMOUNT OF WASTE.
THIS BILL CALLS FOR A OVERALL GOAL OF 75 PERCENT REDUCTION, 10 PERCENT
EVERY FIVE YEARS. WHAT HAPPENS WHEN WE REACH THE 75 PERCENT
REDUCTION?
MR. EPSTEIN: WHAT HAPPENS WHEN WE REDUCE THE
WASTE BY 75 PERCENT --
MR. SIMPSON: YEAH.
MR. EPSTEIN: -- AND WE DO DIVERSION AND LESS
SINGLE-USE ITEMS? I MEAN, I THINK WE APPLAUD OUR EFFORT TO BE
SUCCESSFUL AND SHOW NEW YORKERS THAT WHEN GOVERNMENT FUNCTIONS IN
AN APPROPRIATE WAY, WE ACTUALLY CAN DO WHAT WE ASK OTHER PEOPLE TO
DO.
MR. SIMPSON: WELL, IN THAT REPORT THERE WERE SOME
OF THOSE PERCENTAGES OF ACCOMPLISHMENT THAT WERE IN THE 80S, 80
PERCENT, 89 PERCENT IN SOME AREAS. SO I'M JUST CURIOUS AS TO --
MR. EPSTEIN: YEAH. SO MOST OF THAT WAS NOT IN THE
WASTE MANAGEMENT AREA. IT WAS -- MOST OF THAT WAS, YOU KNOW, ACROSS
THE BOARD. THE WHOLE GREEN COUNCIL REQUIRES ENERGY EFFICIENCY AND
WASTE REDUCTION, AND THIS PIECE IS JUST A WASTE REDUCTION PIECE. I KNOW
WE'VE SEEN IN SOME AREAS REAL SUCCESS. IN OTHER AREAS LIKE IN
COMPOSTING AND -- AND USING -- GETTING RID OF SINGLE-USE ITEMS, WE'VE
NOT BEEN AS SUCCESSFUL AND THIS (INDISCERNIBLE) WILL ENCOURAGE US TO DO
A BETTER JOB IN THOSE FIELDS.
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NYS ASSEMBLY JUNE 10, 2025
MR. SIMPSON: OKAY. IN THAT EXECUTIVE ORDER
NUMBER 22, THERE WERE ALSO OTHER EDICTS, ESSENTIALLY. REDUCING
GREENHOUSE GAS EMISSIONS, WHICH INCLUDED, YOU KNOW, MOVING TO
ELECTRIFY HOUSES, AFFECTING CONSTRUCTION. THERE WERE -- ALL AFFECTED
ENTITIES, STATE ENTITIES, WOULD HAVE 100 PERCENT OF THE LIGHT-DUTY NON-
EMERGENCY VE -- VEHICLE FLEETS BE ZERO EMISSION. WHY IS THAT NOT PART
OF YOUR BILL?
MR. EPSTEIN: SO WHAT WE'RE TRYING TO DO IS GRAPPLE
WITH A PIECE OF THIS AND, YOU KNOW, OBVIOUSLY, THE OVERALL EXECUTIVE
ORDER WILL BE, YOU KNOW, THE -- THAT'S THE ORDER FROM THE GOVERNOR AND
THE STATE AGENCIES WILL HAVE TO COMPLY. THIS IS JUST TAKING ONE PIECE
OF IT AND PUTTING MORE LEGISLATIVE AUTHORITY UNDER IT. BUT THERE ARE
OBVIOUSLY OTHER PIECES THAT ARE NOT BEING COVERED HERE, BUT THAT DOESN'T
MEAN THEY CAN'T MOVE -- AREN'T RESPONSIBLE TO MOVE FORWARD PURSUANT
TO THE EXECUTIVE ORDER.
MR. SIMPSON: SO ANOTHER WAY I WANT TO ASK THIS
QUESTION IS, YOU KNOW, WE STILL HAVE MANDATES ON ENTITIES OUTSIDE OF
THE STATE AGENCIES THAT FALL UNDER DEADLINES THAT THEY HAVE TO MEET.
FORTUNATELY, WE SAW THAT THE BUS MANDATE WAS PROLONGED, YOU KNOW,
TO GIVE MORE TIME SO THAT IT COULD BE EFFECTIVE. BY NOT INCLUDING THAT
IN YOUR BILL, ARE WE ALSO GIVING THE STATE MORE TIME TO ACCOMPLISH
THESE GOALS THAT WERE SET FORTH?
MR. EPSTEIN: NO, I DON'T THINK THAT CHANGES
ANYTHING OR THE OBLIGATIONS UNDER THE EXECUTIVE ORDER. I THINK IT JUST
SAYS WE'RE DRILLING DOWN ON ONE SECTION, WHICH IS REALLY CRITICAL WHICH
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NYS ASSEMBLY JUNE 10, 2025
IS THE REDUCTION OF WASTE AND DO WASTE DIVERSION AND MAKING SURE THAT
THE STATE PUTS A REAL LASER FOCUS TO IT. NOT TO SAY THAT OTHER THINGS DON'T
MATTER LIKE ENERGY EFFICIENCY. THOSE ARE CRITICAL COMPONENTS TO
OVERALL GETTING TO OUR CLCPA GOALS, BUT THIS IS JUST ONE PIECE OF THE
OVERALL PIE.
MR. SIMPSON: SO WHERE'S THE ACCOUNTABILITY WITH
ALL OF THESE? YOU KNOW, I KNOW THAT YOUR BILL PERTAINS TO ONE SECTION.
IS IT THE LEGISLATIVE BODY THAT HAS OVERSIGHT OF THIS?
MR. EPSTEIN: ON THE EXECUTIVE ORDER OR ON THIS?
MR. SIMPSON: ON YOUR BILL.
MR. EPSTEIN: ON OUR BILL. SO THEY REQUIRE REGULAR
REPORTING AND THEY HAVE TO MAKE IT PUBLICLY AVAILABLE. AND RIGHT NOW
UNDER THE CURRENT GREEN COUNCIL, THESE REPORTS ARE -- ARE NOT REQUIRED
TO -- IN EVERY YEAR. AND WE ALSO REASSESS THE GOALS EVERY FIVE YEARS
UNDER OUR -- UNDER OUR BILL. SO IT PUTS A -- A BIGGER MICROSCOPE UNDER
THE ISSUES THAT -- THAT AREN'T REALLY AS REQUIRED IN THE EXECUTIVE ORDER.
IT ALLOWS US TO REALLY HIGHLIGHT OUR SUCCESS, POTENTIALLY, IN THIS AREA.
MR. SIMPSON: SO IS IT THE GOVERNOR OR THE
LEGISLATIVE BODY THAT HAS THE OVERSIGHT AUTHORITY OVER THE GOALS AND
ACCOMPLISHMENTS OF YOUR BILL?
MR. EPSTEIN: WELL, THE GOVERNOR AS THE, YOU
KNOW, THE HEAD OF ALL THOSE AGENCIES WILL HAVE -- CONTINUE TO HAVE
OVERSIGHT. BUT THEN WE WILL BE GETTING REGULAR REPORTS FROM THEM TO BE
ABLE TO DETERMINE IF THEY'RE BEING SUCCESSFUL, WHAT OTHER -- IF ANY OTHER
LEGISLATIVE REQUIREMENTS WE MIGHT WANT TO PUT INTO PLACE.
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NYS ASSEMBLY JUNE 10, 2025
MR. SIMPSON: OKAY.
THE ONE THING I DIDN'T SEE IN THE REPORT, AND I MAY
HAVE MISSED IT, WERE ANY COSTS ASSOCIATED WITH IMPLEMENTATION OF THIS
PROGRAM?
MR. EPSTEIN: SO WITHIN THE BUDGET THAT WE PASSED
THERE WERE DOLLARS SET ASIDE FOR AGENCIES TO COMPLY WITH THE EXECUTIVE
ORDER 22. SO BECAUSE THIS IS REALLY JUST IN LINE WITH THOSE
REQUIREMENTS, THERE'S NO ADDITIONAL COST NECESSARY IN THIS BILL.
MR. SIMPSON: DO WE KNOW WHAT THOSE COSTS ARE,
THOUGH? I MEAN, IT -- IT SOUNDS (INDISCERNIBLE/CROSS-TALK) --
MR. EPSTEIN: I DON'T KNOW AGENCY BY AGENCY WHAT
THEY ALLOCATED, BUT THERE WERE SPECIFIC ALLOCATIONS SET ASIDE IN THE
BUDGET FOR IT.
MR. SIMPSON: OKAY. WELL, I THINK THAT'S ALL THE
QUESTIONS I HAVE ON THIS BILL.
MR. EPSTEIN: THANK YOU.
MR. SIMPSON: THANK YOU.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MADAM SPEAKER. I RISE
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NYS ASSEMBLY JUNE 10, 2025
TO EXPLAIN MY VOTE.
SO, SIX YEARS AGO WE STOOD IN THIS CHAMBER AND SAID
WE NEED TO GET TO A BETTER PLACE ON THE ENVIRONMENT, AND WE PASSED
THIS SWEEPING CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT.
AND ALONG THE WAY WE HAVE THE GOVERNMENT NEEDS TO LEAD IN THESE
EFFORTS. AND ONE WAY TO DO THAT IS TO REDUCE OUR CAP -- OUR -- OUR
RELIANCE ON (INDISCERNIBLE) FUELS, BUT ALSO DO WASTE REDUCTION HERE.
AND ACROSS ALL GOVERNMENT BUILDINGS WE HAVE A RESPONSIBILITY JUST TO
DO WHAT WE SAY WE'RE GONNA DO AND NOT JUST LET THE PUBLIC DO IT. THIS
IS A GOOD WAY, THROUGH THIS BILL, TO ALLOW NEW YORKERS TO LEAD THROUGH
OUR GOVERNMENT ACTION. THIS ALLOWS AGENCIES LIKE OGS, WHO MANAGES
ALL OF OUR GOVERNMENT-OWNED PROPERTIES, TO BE ABLE TO SAY, OKAY, WE
ARE RESPONSIBLE FOR DOING WASTE REDUCTION, AND THERE ARE SPECIFIC
TIMELINES TO GET THAT DONE.
I ENCOURAGE ALL MY COLLEAGUES TO VOTE IN FAVOR OF THIS
BILL. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. EPSTEIN IN THE AFFIRMATIVE.
MR. CHANG TO EXPLAIN HIS VOTE.
MR. CHANG: WELL, THANK YOU, MADAM SPEAKER.
THIS BILL DOESN'T GO FAR ENOUGH AND, UNFORTUNATELY, IS
ONE -- ONE AREA THAT ALWAYS CONFOUND ME IS SCHOOL FOOD WASTE. CAN
WE LEGISLATE KIDS NOT TO WASTE THEIR FOOD? EVERY TIME I GO TO THE
SCHOOL I SEE FOODS BEING DUMPED IN THE -- IN THE GARBAGE AND THEY ARE
BEING -- NOT BEING EATEN. SO IF WE CAN DO THAT, THAT WOULD BE ONE BIG
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NYS ASSEMBLY JUNE 10, 2025
WINNING FOR THIS BILL. WE CAN FIND A WAY.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: MR. CHANG IN THE
AFFIRMATIVE [SIC].
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF WE
CAN NOW GO TO RULES REPORT NO. 503 BY MS. SIMON, FOLLOWED BY RULES
REPORT NO. 541 BY MS. MITAYNES.
ACTING SPEAKER HUNTER: THANK YOU.
PAGE 19, RULES REPORT NO. 503, THE CLERK WILL READ.
THE CLERK: SENATE NO. S01226, RULES REPORT NO.
503, SENATOR RIVERA (A06004, SIMON, CRUZ, REYES, GLICK, WEPRIN,
BURDICK, JACOBSON, OTIS, CUNNINGHAM, SEAWRIGHT, SANTABARBARA,
MITAYNES, GONZÁLEZ-ROJAS, COLTON, FORREST, PHEFFER AMATO, BARRETT,
SHRESTHA, LEVENBERG, MAMDANI, DINOWITZ, TAPIA, LEE, KELLES, TAYLOR,
BORES, RAGA, ALVAREZ, ROSENTHAL, EACHUS). AN ACT TO AMEND THE
PUBLIC HEALTH LAW, IN RELATION TO PROVIDING PUBLIC NOTICE AND PUBLIC
ENGAGEMENT WHEN A GENERAL HOSPITAL SEEKS TO CLOSE ENTIRELY OR A UNIT
THAT PROVIDES MATERNITY, MENTAL HEALTH OR SUBSTANCE USE CARE.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MS. SIMON.
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NYS ASSEMBLY JUNE 10, 2025
MS. SIMON: THANK YOU, MADAM SPEAKER.
THE CURRENT LAW REQUIRES THAT A COMMUNITY FORUM BE
HELD AFTER A GENERAL HOSPITAL HAS ALREADY BEEN CLOSED, AND DOES NOT
REQUIRE THE COMMISSIONER OF HEALTH TO CONSIDER THE HEALTHCARE NEEDS
OF THE COMMUNITY, INCLUDING EMERGENCY MEDICAL CARE OR TRANSITIONAL
CARE, AS PART OF THE COMMISSIONER'S DECISION TO APPROVE A HOSPITAL
CLOSURE. THIS BILL WOULD ESTABLISH A PROCEDURE FOR THE CLOSURE OF A
GENERAL HOSPITAL OR AN EMERGENCY, MENTAL HEALTH OR MATERNITY UNIT
BEFORE THE FACILITY CLOSES.
THIS BILL WOULD ALSO ENHANCE THE CURRENT COMMUNITY
FORUM TO ALLOW FOR PUBLIC FEEDBACK PRIOR TO CLOSURE, AS WELL AS TO
PROVIDE A PROCESS FOR PUBLIC COMMENTS ON THE HOSPITAL'S CLOSURE AND A
REQUIREMENT THAT THOSE COMMENTS BE HEARD.
ACTING SPEAKER HUNTER: MR. JENSEN.
MR. JENSEN: THANK YOU, MADAM SPEAKER. WILL
MY HONORABLE COLLEAGUE FROM BROOKLYN YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. SIMON: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. JENSEN: I THANK YOU, MS. SIMON.
I THINK YOU AND I, IN SOME WAY, SHAPE OR FORM, HAVE
BEEN DEBATING A VERSION OF THIS BILL SINCE THE NIXON ADMINISTRATION.
AND I KNOW IT WAS SUBJECT TO A GUBERNATORIAL VETO IN 2024. IS THE BILL
THAT WE HAVE BEFORE US TODAY ANY DIFFERENT FROM THE VERSION THAT WAS
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NYS ASSEMBLY JUNE 10, 2025
VETOED BY GOVERNOR HOCHUL?
MS. SIMON: NO, BECAUSE IT WAS PERFECT LAST YEAR AS
WELL.
MR. JENSEN: OKAY. WELL, THAT'S -- OPINIONS ARE
SOMETIMES IN THE EYE OF THE BEHOLDER, BUT I APPRECIATE YOUR -- YOUR SELF
CONFIDENCE IN YOUR LEGISLATIVE DRAFTING ABILITY.
COULD YOU REITERATE, I KNOW YOU MENTIONED IT IN YOUR
EXPLANATIONS, BUT WHAT TYPE OF SERVICES PROVIDED BY A HOSPITAL OR A
MEDICAL CENTER WOULD BE COVERED UNDER THE REQUIREMENTS OF THE
LEGISLATION?
MS. SIMON: A GENERAL HOSPITAL, THE WHOLE HOSPITAL,
RIGHT? THE OTHER WOULD BE EMERGENCY, MATERNITY, MENTAL HEALTH OR
SUBSTANCE -- SUBSTANCE USE SERVICES.
MR. JENSEN: OKAY. SO UNDER THE PURVIEW OF THIS
LEGISLATION, IF A HOSPITAL SYSTEM OPERATES A GENERAL HOSPITAL AS WELL AS
OFFSITE FROM THE HOSPITAL ANY OF THOSE ASSOCIATED TYPES OF CARE OFF THE
HOSPITAL GROUNDS, WOULD THEY BE COVERED BY THE REQUIREMENTS IN THIS
LEGISLATION?
MS. SIMON: I THINK IT WOULD DEPEND ON THE WAY
THAT'S ORGANIZED. MANY PLACES ALSO HAVE AN URGENT CARE OR AMBULATORY
CARE CENTER THAT'S IN A DIFFERENT BUILDING. THOSE ARE GENERALLY NOT
EMERGENCY, MATERNITY, YOU KNOW, MENTAL HEALTH OR SUBSTANCE USE
SERVICES IN AN AMBULATORY CARE CENTER. SO THAT WOULD BE NOT BE
TRIGGERED IN ANY WAY BY THIS.
MR. JENSEN: OKAY. CERTAINLY, I KNOW SOME OF THE
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NYS ASSEMBLY JUNE 10, 2025
CONCERNS THAT I'VE RAISED IN THE PAST I THINK WAS DURING THE CARTER
ADMINISTRATION, ABOUT THE BIGGEST TWO REALITIES THAT RIGHT NOW CARE
PROVIDERS, ESPECIALLY HOSPITAL SYSTEMS, ARE FACING RIGHT NOW IS FINANCIAL
INSTABILITY AS WELL AS STAFFING NUMBERS. DOES THIS LEGISLATION TAKE INTO
ACCOUNT ANY SORT OF EXCEPTIONS WHEN A HOSPITAL OR A HOSPITAL SYSTEM
THAT PROVIDES THESE DEDICATED COVERAGE SERVICES WOULD BE FACED WITH
STAFFING ISSUES OR POTENTIAL FINANCIAL INSTABILITY THAT COULD PUT THE
VIABILITY OF THE ENTIRE HOSPITAL SYSTEM OR MEDICAL CENTER INTO FLUX?
MS. SIMON: WELL, STAFFING ISSUES CAN COME FROM A
VARIETY OF REASONS, RIGHT, AND SOMETIMES THEY ARE BECAUSE OF CONDITIONS
AT THE HOSPITAL OR BECAUSE OF A -- A LACK OF -- RIGHT -- I -- I WOULD SAY A
LACK OF -- OF STAFF PERFORMING THOSE TASKS. SO YOU MIGHT HAVE ACUTE
LABOR SHORTAGE, FOR EXAMPLE, WHICH IS IRRELEVANT TO THE PARTICULAR
INSTITUTION.
MR. JENSEN: OKAY. WHAT ABOUT THE -- I KNOW YOU
MENTIONED THE STAFFING ISSUE. WHAT ABOUT THE FINANCIAL QUESTIONS? I
KNOW IN THE GOVERNOR'S VETO MESSAGE SHE MENTIONED THAT THERE WAS AN
IMBALANCE WITH THE LEGISLATION, OBVIOUSLY RECOGNIZING THE NEED FOR
TRANSPARENCY AND -- AND THE IMPACT THAT A CLOSURE COULD HAVE ON A
COMMUNITY. BUT BALANCE -- BALANCING THAT WITH THE, QUOTE, "THE
FINANCIAL REALITY THAT STRUGGLING HOSPITALS FACE AND CHANGES IN THE
HEALTHCARE SERVICE DELIVERY." WOULDN'T IT MAKE SENSE TO INCLUDE SOME
SORT OF EXEMPTION OR EXCEPTION IF THERE IS DIRE FINANCIAL IMPACT?
MS. SIMON: WELL, THE SITUATION IN MOST OF OUR
HOSPITALS IS THAT NOT MANY OF THEM HAVE AN AWFUL LOT OF MONEY. THAT IS
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NYS ASSEMBLY JUNE 10, 2025
BECAUSE WE HAVE VERY LOW MEDICAID REIMBURSEMENT RATES, AS YOU
KNOW. AND WE ARE IN DANGER OF HAVING EVEN LESS MONEY FOR HOSPITALS
AS A RESULT OF THE CUTS THAT MAY BE COMING FROM WASHINGTON. SO I'M
VERY AWARE OF THAT POSSIBILITY, AND IT MAY BE THAT IT WOULD FORCE THE
CLOSURE OF HOSPITALS AND CRITICAL SERVICES. AND I WOULD ENCOURAGE
EVERYBODY TO REACH OUT TO THEIR COUNTERPARTS IN CONGRESS TO ENCOURAGE
THEM NOT TO CUT MEDICAID. BUT -- BECAUSE THAT'S GONNA MAKE A BIG
DIFFERENCE. AND SO IF WE HAVE THAT MONEY WE'LL BE ABLE TO USE THAT
MONEY TO PROVIDE BETTER SERVICES AND KEEP HOSPITALS AND THOSE CRITICAL
UNITS OPEN.
MR. JENSEN: FAIR ENOUGH. AND IT'S, CERTAINLY --
YOU KNOW, YOU WON'T GET ANY ARGUMENT FROM ME IN THAT RESPECT ABOUT
UNDERSTANDING HOW CRITICALLY IMPORTANT THE -- THE SOCIAL SAFETY NET THAT
IS MEDICAID IS TO THE HEALTHCARE DELIVERY FOR THOSE IN NEW YORK STATE
WHO RELY ON IT AND NEED IT FOR THEIR HEALTHCARE COVERAGE. BUT ONE OF
THE CONCERNS THAT I HAVE, AND I'VE RAISED THIS BEFORE, IS THAT WHEN AN
INSTITUTION IS FACING FINANCIAL INSTABILITY AND THE DECISION IS MADE THAT
-- TO -- MUCH LIKE AN AMPUTATION -- SEVER ONE ASPECT OF OPERATIONS TO
SAVE THE REST OF THE OPERATIONS. IS THERE A CONCERN -- I HAD THIS CONCERN,
BUT IS THERE A CONCERN THAT THE ELONGATED STEPS CONTAINED IN THIS
LEGISLATION COULD THEN THREATEN THE VIABILITY OF THE ENTIRE DELIVERY CARE
SYSTEM?
MS. SIMON: ONE COULD MAKE THAT ARGUMENT
RHETORICALLY. BUT THE REALITY IS THAT YOU WOULD BE SUBMITTING A PLAN TO
THE STATE -- YOU WOULD BE SUBMITTING A PROPOSED PLAN TO THE STATE, THE
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NYS ASSEMBLY JUNE 10, 2025
STATE DEPARTMENT OF HEALTH, AND YOU WOULD BE ABLE TO JUSTIFY THE
RATIONALE FOR WHY THAT WOULD BE. BUT YOU WOULD ALSO, BECAUSE OF THE
REQUIRED TRANSPARENCY AND THE ENGAGEMENT OF THE PUBLIC, BE ABLE TO
BETTER ASCERTAIN WHAT ARE THOSE HEALTHCARE NEEDS FOR THE PUBLIC THAT
NEED TO BE MAINTAINED SOMEWHERE. SO THIS DOESN'T STOP A HOSPITAL
FROM CLOSING OR A DEPARTMENT FROM CLOSING. BUT IT DOES SAY YOU CAN'T
BE CLOSING A HOSPITAL WITHOUT EVEN KNOWING WHAT IT IS THAT ARE THE
HEALTHCARE NEEDS OF YOUR COMMUNITY. AND IN THE EXAMPLE THAT I AM
FOND OF USING, WHICH IS THE CLOSURE OF MY HOSPITAL, THE -- THE
DEPARTMENT OF HEALTH DID NOTHING TO ASCERTAIN THE ACTUAL IMPACTS ON
COMMUNITY. INSTEAD, THEY BELIEVED THE ARGUMENTS OF -- OF THE
PROPONENT AND, FRANKLY, THE -- THE PRIOR ADMINISTRATION HERE, THAT
NOBODY WENT TO THAT HOSPITAL, WHICH WAS RIDICULOUS. AND -- BUT THEY
SHOULD HAVE ENGAGED THE PUBLIC BETTER, AND BECAUSE OF THAT THEY WERE
SUED. SO THEY HAD -- IT TOOK THEM FOUR YEARS TO CLOSE THEIR HOSPITAL
INSTEAD OF TWO. IF THEY WERE SMART, THEY WOULD HAVE DONE WHAT IT IS
THAT'S IN THIS BILL.
MR. JENSEN: SO WHEN -- AND -- AND REFRESH MY
MEMORY. I -- I'M SURE I'VE ASKED THIS QUESTION OR YOU'VE SHARED IT. BUT
WHEN WAS -- WHEN WAS THE CLOSING OF THAT FACILITY THAT INSPIRED THIS
LEGISLATION?
MS. SIMON: 2013.
MR. JENSEN: 2013. SO 12 YEARS AGO.
MS. SIMON: YES.
MR. JENSEN: SO WE HAVE A DIFFERENT -- DO WE HAVE
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A DIFFERENT COMMISSIONER OF HEALTH?
MS. SIMON: WE DO.
MR. JENSEN: WE DO. OKAY. SO UNDERSTANDING THAT
PEOPLE CAN LEARN LESSONS AND BETTER DEAL WITH CIRCUMSTANCES, ISN'T IT
RATIONAL TO BELIEVE THAT THE DEPARTMENT OF HEALTH WOULD HAVE LEARNED
FROM THE EXPERIENCE WITH THAT FACILITY AND UNDERSTANDING THE NEED TO
CONTINUE TO ENGAGE WITH AN OPERATOR, WITH A HEALTHCARE SYSTEM, WITH A
MEDICAL CENTER, WITH A HOSPITAL, IF THEY ARE FACING ANY SORT OF
CIRCUMSTANCE THAT WOULD NESS -- NECESSITATE A REDUCTION IN SERVICES, TO
ENSURE THAT THE COMMUNITY IS CONTINUING TO BE SERVED? IT'S NOT LIKE WE
HAVE A -- A -- A SYSTEM IN THE STATE WHERE, YOU KNOW, THE LAST PERSON
OUT THE DOOR TURNED THE LIGHTS OFF AND THAT'S -- THAT'S IT. THERE IS ALREADY
A DOH PROCESS TO ENSURE THAT THERE IS ADEQUATE COVERAGE WITHIN A
COMMUNITY FOR CERTAIN HIGH-IMPACT CARE DELIVERY, ESPECIALLY THE ONES
THAT YOU MENTIONED IN THIS LEGISLATION.
MS. SIMON: SO WHAT THEY HAVE RIGHT NOW IS A
REQUIREMENT TO HAVE A COMMUNITY MEETING 30 DAYS AFTER THEY CLOSE THE
HOSPITAL. THAT IS TOO LITTLE, TOO LATE TO MAKE ANY DIFFERENCE. AND
BECAUSE THEY ARE NEVER ACTUALLY ASSESSING WHAT THE COMMUNITY'S NEEDS
ARE, THEY ARE WOEFULLY INADEQUATE IN THEIR DECISION-MAKING. AND, IN
FACT, WE HAVE LOST OVER 41 HOSPITALS IN THE LAST TEN YEARS. WE ARE --
HAVE LOST 27 RURAL HOSPITALS. THERE ARE ABOUT 40 RURAL HOSPITALS THAT ARE
IN GRAVE DANGER OF CLOSING. AND IN THOSE PLACES THERE'S NOT LIKE YOU
CAN GO DOWN THE BLOCK TO ANOTHER HOSPITAL. PEOPLE WILL BE TRAVELING AN
HOUR, TWO HOURS, THREE HOURS JUST TO GO TO THE ER. SO THE REALITY IS, WE
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HAVE TO LOOK AT NOT JUST THE -- THE NEEDS OF THE COMMUNITY, BUT THE
ABILITY OF THE COMMUNITY TO ACCESS THAT HEALTHCARE. AND IN MANY PARTS
OF OUR STATE IT IS WOEFULLY INADEQUATE ALREADY, AND WE WANT TO MAKE
SURE THAT IT DOESN'T GET WORSE.
MR. JENSEN: SO YOU MENTIONED THE PROCESS THAT
YOU BELIEVE IS INADEQUATE. BUT THAT IS THE OLD PROCESS AND DOESN'T
REFLECT THE DOH GUIDANCE THAT WAS SENT IN AUGUST OF 2023 THROUGH A
DEAR ADMINISTRATOR LETTER THAT EXPANDS THE DEFINITION OF CLOSURES TO
INCLUDE TEMPORARY REDUCTION OF SERVICES. IT REQUIRES FACILITIES TO NOTIFY
THEIR ELECTED OFFICIALS, THEIR COMMUNITIES AND ORGANIZATIONS THAT
REPRESENT STAFF AT THE PROPOSED SITE OF THE CLOSURE. IT REQUIRES FACILITIES
TO SCHEDULE A PUBLIC MEETING THAT ALLOWS COMMUNITY STAKEHOLDERS TO
PROVIDE PUBLIC COMMENT, ASK QUESTIONS AND RECEIVE ANSWERS FROM
EITHER THE CHIEF EXECUTIVE OFFER -- OR CHIEF EXECUTIVE OFFICER OR THE CHIEF
OPERATING OFFICER, AND OUTLINES SIGNIFICANT DOCUMENTATION THAT MUST BE
SUBMITTED WITH A CLOSURE PLAN. MY UNDERSTANDING IS ALL THOSE THINGS
WOULD HAVE TO HAPPEN BEFORE THE APPROVAL FOR CLOSURE. THOSE THINGS
HAVE ALREADY BEEN PUT INTO PLACE AS POLICY AT DOH, WHICH, IN MY
READING, WOULD KIND OF MAKE EVERYTHING THAT WE'RE PASSING TODAY
ALREADY BEING DONE TO AN EXTENT, BUT DO IT IN A WAY THAT NOT JUST
PROTECTS HEALTHCARE ACCESS IN COMMUNITIES, BUT ALSO ENSURES THE
SURVIVAL OF OUR -- OUR OVERTAXED, UNDER-REIMBURSED -- OVER-TASKED, NOT
TAXED, YOU KNOW, WITH THE X AND UNDER-REIMBURSED HEALTHCARE
FACILITIES.
MS. SIMON: BUT IT DOESN'T ACTUALLY ENSURE THAT. IT IS
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-- IT'S A -- A STEP IN THE RIGHT DIRECTION. IT'S NOT AS COMPREHENSIVE. AND,
YOU KNOW, AS SOMEBODY WHO HAS SPENT A NUMBER OF YEARS ARGUING
CERTAIN MATTERS IN COURT, YOU KNOW, GUIDANCE IS GUIDANCE. GUIDANCE
IS, PLEASE DO THIS, FOLKS, AND HERE'S HOW I'D LIKE YOU TO DO IT. IT HAS NOT
THE STRENGTH OF REGULATION, IT IS SIMPLY GUIDANCE. SO IT'S GUIDANCE AND
IT'S IN THE NICE-TO-KNOW DEPARTMENT. THEN THERE'S REGULATIONS WHICH
HAVE ENFORCEMENT CAPACITY. AND THEN YOU HAVE STATUTES. AND YOU
WANT STATUTORY RIGHTS TO -- THEY ARE THE MOST STRONG. BECAUSE YOU CAN
CHANGE A REGULATION VERY EASILY, AND YOU CAN SAY BYE-BYE TO THAT
GUIDANCE. SO WHILE I APPRECIATE THE GUIDANCE, I'M GLAD THEY -- THEY
READ OUR BILL AND TOOK SOME -- SOME GUIDANCE FROM THAT. IT IS
INSUFFICIENT. AND THIS WAS A MATTER I BELIEVE WE DISCUSSED LAST YEAR.
MR. JENSEN: I -- MS. SIMON, I'D LIKE TO THINK IT WAS
NOT NECESSARILY JUST YOUR BILL, BUT OUR ROBUST DEBATE OVER THE PAST NINE
PRESIDENTIAL ADMINISTRATIONS.
THANK YOU, MS. SIMON.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER TAYLOR: ON THE BILL.
MR. JENSEN: THANK YOU, MR. SPEAKER. AND
CERTAINLY I THANK MS. SIMON. I THINK THIS WAS OUR -- OUR FIFTH TIME
DEBATING THIS BILL, AND CERTAINLY I CAN UNDERSTAND AND -- AND
SYMPATHIZE WITH THE EXPERIENCE THAT HER COMMUNITY WENT THROUGH WITH
THE INSPIRATION FOR THIS BILL IN 2013, AS WELL AS I DO RECOGNIZE THE NEED
FOR COMMUNITY INVOLVEMENT, NOTIFICATION WHEN THE DELIVERY AND ACCESS
TO CRITICALLY IMPORTANT HEALTHCARE SERVICES IS GOING TO CHANGE.
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I DO BELIEVE THAT THIS BILL COULD HAVE THE POTENTIAL TO
JEOPARDIZE THE STABILITY OF EXISTING HEALTHCARE FACILITIES IF THEY NEED TO
CLOSE FOR -- OR REDUCE BED CAPACITY FOR WHATEVER REASON. BUT ALSO, IF
THEY WANT TO TAKE BEDS OFFLINE TEMPORARY TO MODERNIZE, TO IMPROVE THE
DELIVERY OF HEALTHCARE IN A COMMUNITY.
I BELIEVE THAT THE GOVERNOR'S VETO OF THIS LEGISLATION
LAST YEAR WAS CORRECT. HER REASONING WAS CORRECT. I BELIEVE THAT THE
DEPARTMENT OF HEALTH WITH THEIR DEAR ADMINISTRATOR LETTER IN 2023 TO
CLARIFY THE OBLIGATIONS AND REQUIREMENTS OF THE OPERATORS OF FACILITIES
WAS APPROPRIATE. AND WHILE I APPRECIATE THE -- THE HEARTFELT REASON
WHY THIS BILL HAS COME BEFORE US, I DO BELIEVE THAT WE HAVE IN THE
EXISTING ECOSYSTEM THE NECESSARY COMMUNITY ENGAGEMENT AND
REQUIREMENTS TO PROTECT COMMUNITIES AS WELL AS OUR CARE PROVIDERS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER TAYLOR: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER TAYLOR: A PARTY VOTE --
EXCUSE ME -- A PARTY VOTE HAS BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PARTICULAR PIECE
OF LEGISLATION. IF THERE ARE YES VOTES, NOW WOULD BE THE TIME TO CAST
THEM AT YOUR SEAT.
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NYS ASSEMBLY JUNE 10, 2025
THANK YOU.
ACTING SPEAKER TAYLOR: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GONNA BE IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN
EXCEPTION. THEY SHOULD FEEL FREE TO DO SO.
THANK YOU.
ACTING SPEAKER TAYLOR: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. SIMON TO EXPLAIN HER VOTE.
MS. SIMON: THANK YOU, MR. SPEAKER.
THIS BILL HAS BEEN DEBATED NUMEROUS TIMES, AND IT HAS
PASSED EVERY TIME BECAUSE THE NEED IS SO GREAT. NO ONE SHOULD FACE
THE LOSS OF THEIR HOSPITAL BECAUSE THE PEOPLE WHO ARE IN THE
DECISION-MAKING CAPACITY DON'T KNOW ENOUGH ABOUT YOUR COMMUNITY
AND THOSE HEALTHCARE NEEDS SO THAT WHEN THAT HOSPITAL CLOSES THERE MAY
VERY WELL BE MANY PEOPLE WHO ARE LEFT HIGH AND DRY. IN REALITY,
NOTHING IN THIS BILL WOULD PROHIBIT A CLOSURE IN ORDER TO -- OF A
DEPARTMENT IN ORDER TO RENOVATE, FOR EXAMPLE, OR TO IMPROVE OR TO
INSTALL NEW EQUIPMENT. THAT IS SOMETHING THAT IS A MIS --
MISUNDERSTANDING OF THIS BILL. THIS BILL WILL PROTECT PEOPLE. IT WILL
MAKE SURE THAT WE KEEP OUR HOSPITALS OPEN AND PROVIDING THE SERVICES
THAT NEW YORKERS NEED. AND RIGHT NOW NEW YORKERS NEED ALL THE
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HEALTHCARE SERVICES THEY CAN GET.
SO I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER TAYLOR: THANK YOU.
MS. SIMON IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THIS BILL IS PASSED.
PAGE 20, RULES REPORT NO. 541, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08663, RULES REPORT
NO. 541, MITAYNES, HEVESI. AN ACT TO AMEND THE PRIVATE HOUSING
FINANCE LAW, IN RELATION TO INCREASING THE BONDING AUTHORITY OF THE
NEW YORK CITY HOUSING DEVELOPMENT CORPORATION.
ACTING SPEAKER TAYLOR: ABSOLUTELY. ON A
MOTION -- MY APOLOGIES. ON A MOTION BY MS. MITAYNES, THE SENATE BILL
IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
AN EXPLANATION IS REQUESTED.
MS. MITAYNES: THANK YOU.
TODAY I RISE TO INTRODUCE ASSEMBLY BILL A.8663,
LEGISLATION THAT WOULD INCREASE THE BONDING AUTHORITY OF NEW YORK
CITY HOUSING DEVELOPMENT CORPORATION, HDC, FROM 19 BILLION TO 20
BILLION.
ACTING SPEAKER TAYLOR: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR YIELD?
ACTING SPEAKER TAYLOR: WILL THE SPONSOR
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YIELD?
MS. MITAYNES: YES.
ACTING SPEAKER TAYLOR: THE SPONSOR YIELDS.
MR. RA: THANK YOU. SO JUST A FEW QUESTIONS
REGARDING THIS INCREASE IN THE BONDING AUTHORITY. FIRST, HOW MUCH
ROOM UNDER THE CURRENT BOND AUTHORITY DOES THE HOUSING DEVELOPMENT
CORPORATION HAVE?
MS. MITAYNES: CURRENTLY, HDC ONLY HAS 1.67
BILLION LEFT TO ISSUE.
MR. RA: OKAY. OKAY. SO HOW MUCH OUTSTANDING
DEBT DOES THE HOUSING DEVELOPMENT CORPORATION HAVE?
(PAUSE)
MS. MITAYNES: 14.6 BILLION.
MR. RA: OKAY. AND WHEN WAS THE LAST TIME WE
INCREASED THIS BONDING AUTHORITY AND BY HOW MUCH?
MS. MITAYNES: WELL, LAST TIME WAS IN 2023 BY 1
BILLION, 2022 BY 1 BILLION, 2021 BY 1.5- SO WE DO THIS REGULARLY.
MR. RA: OKAY. AND IS THIS INTENDED TO SUPPORT ANY
SPECIFIC PROJECTS, OR IS THIS KIND OF A ROUTINE INCREASE IN THE AUTHORITY AS
WE'RE APPROACHING, YOU KNOW, THE CURRENT -- THE -- THE FULL AMOUNT WITH
1.67 REMAINING?
MS. MITAYNES: SO, THERE ARE SOME PROJECTS DOWN
THE PIPELINE, AND THEN, YOU KNOW, WE'RE EXPECTING ADDITIONAL PROJECTS
AS WELL.
MR. RA: OKAY. AND IS THERE -- DO YOU KNOW ANY
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SPECIFIC CRITERIA THAT'S USED TO DETERMINE HOW THE ADDITIONAL BONDING
CAPACITY IS ALLOCATED AMONGST THE DIFFERENT HOUSING PROGRAMS AND
INITIATIVES THAT ARE SUPPORTED BY THE HOUSING DEVELOPMENT
CORPORATION?
MS. MITAYNES: IT SUPPORTS A VARIETY OF PROGRAMS
IN PARTNERSHIP WITH HPD AND NYCHA TO ACHIEVE THE CITY'S AFFORDABLE
HOUSING GOALS.
MR. RA: THANK YOU. AND ARE THERE POTENTIAL
IMPLICATIONS FOR NEW YORK CITY'S CREDIT RATING OR DEBT CAPACITY WITH
REGARD TO THIS 1 BILLION IN NEW DEBT AUTHORIZATIONS FOR HDC?
MS. MITAYNES: NO. WE'RE IN GOOD STANDING.
MR. RA: AND ARE THERE ANY INCREASE IN -- IS THERE
ANY INCREASE IN STATE-SUPPORTED DEBT AS A RESULT OF NEW DEBT ISSUANCES
BY HDC?
MS. MITAYNES: NO.
MR. RA: ALL RIGHT. THANK YOU VERY MUCH.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER TAYLOR: ON THE BILL.
MR. RA: SO, IN THE PAST WE'VE HAD SOME NO VOTES ON
THIS, AND WE DID AS IT WORKED ITS WAY THROUGH COMMITTEE. OBVIOUSLY,
THE INCREASE IN CAPACITY BY $1 BILLION IS A LARGE AMOUNT OF MONEY.
NOW, IT'S IN THE CONTEXT OF WHAT'S CURRENTLY 19 BILLION BECOMING $20
BILLION. I THINK THAT AS A GENERAL STATEMENT, YOU KNOW, HOUSING --
BUILDING HOUSING REQUIRES DEBT TO BE ISSUED. WE'VE HAD A NUMBER OF
BILLS THAT HAVE COME THROUGH THIS YEAR WITH REGARD TO THIS. BUT THERE
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HAVE BEEN CONCERNS EXPRESSED AS WE'RE TALKING ABOUT WHAT IS A VERY
LARGE NUMBER OF $20 BILLION WITH A $1 BILLION INCREASE THIS YEAR. AS
WAS STATED, WE CONTINUE TO DO THIS EVERY COUPLE OF YEARS. THERE IS STILL
$1.67 BILLION OF AUTHORITY THAT EXISTS UNDER THE CURRENT CAP.
I -- I -- I THINK THAT SOME OF MY COLLEAGUES ARE JUST
CONCERNED WITH THE AMOUNT OF DEBT THAT IS BEING ISSUED, AND THAT'S WHY
THERE'S GOING TO BE MANY NEGATIVE VOTES ON OUR SIDE OF THE AISLE.
THANK YOU.
ACTING SPEAKER TAYLOR: THANK YOU.
MR. RA IN THE NEGATIVE.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER TAYLOR: 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. THERE MAY BE A COUPLE OF EXCEPTIONS. IF SO, YOU CAN
CHANGE YOUR VOTE AND VOTE YES AT YOUR DESK.
THANK YOU.
ACTING SPEAKER TAYLOR: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GONNA BE IN FAVOR OF
THIS OPPORTUNITY TO DEVELOP AND CREATE NEW HOUSING; HOWEVER, THERE
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MAY BE A FEW THAT WOULD BE AN EXCEPTION. THEY SHOULD FEEL FREE TO
VOTE AT THEIR SEATS.
ACTING SPEAKER TAYLOR: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER HUNTER: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. FALL.
MR. FALL: MADAM SPEAKER, CAN WE NOW GO TO
RESOLUTIONS ON PAGE 3?
ACTING SPEAKER TAYLOR: ABSOLUTELY.
RESOLUTIONS, PAGE 3, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 738, MS.
TAPIA.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 10, 2025, AS FSGS AWARENESS DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 739, MS.
WATER -- CHANDLER-WATERMAN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
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NYS ASSEMBLY JUNE 10, 2025
KATHY HOCHUL TO PROCLAIM JUNE 2025, AS GUN VIOLENCE AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MS. LUCAS ON THE
RESOLUTION.
(PAUSE)
MR. ANDERSON ON THE RESOLUTION.
MR. ANDERSON: THANK YOU, MADAM SPEAKER, TO
SPEAK ON THE RESOLUTION. I WANT TO TAKE A MOMENT TO THANK THE SPONSOR
FOR THIS RESOLUTION. IT'S CRITICAL THAT EVERY YEAR IN THE MONTH OF JUNE WE
RECOGNIZE AND COMMEMORATE GUN VIOLENCE AWARENESS MONTH, NOT
JUST AS A MONTH ON THE CALENDAR, BUT AN OPPORTUNITY TO REMEMBER AND
MEMORIALIZE THE LIVES THAT WE'VE LOST DUE TO SENSELESS GUN VIOLENCE.
EVERY YEAR THAT I'VE SERVED IN THIS LEGISLATURE, I'VE
ALWAYS CARRIED A PIECE OF LEGISLATION THAT FOCUSES ON GUN VIOLENCE IN
SOME WAY, WHETHER IT'S HELPING THE VICTIMS OR THE SURVIVORS. WHETHER
IT'S SUPPORTING THOSE WHO HAVE LOST A LOVED ONE. AND THIS YEAR I'M
CARRYING LEGISLATION THAT WILL CONTINUE TO PUSH ON THAT ISSUE.
AND I WANT TO TAKE A MOMENT TO THANK THE CAUCUS AND
THE CHAIR OF THE SUBCOMMITTEE ON ANTIVIOLENCE AND GUN VIOLENCE
[SIC], ASSEMBLYWOMAN CHANDLER-WATERMAN, AND IT'S MY HOPE THAT THE
NAMES, THE PEOPLE AND THE INDIVIDUALS THAT WE LOST DUE TO SENSELESS GUN
VIOLENCE WILL BE ONES THAT WE CAN REMEMBER IN A WAY AS A STATE AS WE
WORK TO REPAIR AND HEAL THE HARM THAT'S CAUSED BY THIS DISEASE CALLED
GUN VIOLENCE.
I ENCOURAGE MY COLLEAGUES TO VOTE IN FAVOR OF THIS
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NYS ASSEMBLY JUNE 10, 2025
RESOLUTION. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MS. CHANDLER-WATERMAN ON THE RESOLUTION.
MS. CHANDLER-WATERMAN: THANK YOU,
MADAM CHAIR. I'M PROUD TO INTRODUCE AND SPEAK ON THIS RESOLUTION
AND CALL IN ON GOVERNOR KATHY HOCHUL TO PROCLAIM JUNE AS GUN
VIOLENCE AWARENESS MONTH IN THE STATE OF NEW YORK.
ON THIS DAY WE KICKED OFF BY HOLDING A PRESS
CONFERENCE HERE IN ALBANY AS WELL AS HAVE A ROUNDTABLE DISCUSSION
WITH SURVIVORS, STATE AND CITY AGENCIES, ANTIVIOLENCE GROUPS AND CURE
VIOLENCE GROUPS THROUGHOUT THE STATE. WE WEAR ORANGE AS WE STAND
WITH SURVIVORS AS THEY MEMORIALIZE THEIR LOVED ONES THAT WERE
MURDERED DUE TO GUN VIOLENCE BY DISPLAYING THEIR PICTURE IN THE
HALLWAYS OF THE CAPITOL. DUE TO THE COLLABORATIVE WORK OF EVERYONE
BEHIND THE SCENES, ESPECIALLY THROUGHOUT OUR STATEWIDE DISCUSSIONS,
WE WERE ABLE IN THIS BUDGET TO SECURE THE NEW YORK STATE OFFICE OF
GUN VIOLENCE PREVENTION TO EXPAND, ENSURE IT'S PERMANENT, MAKE SURE
THEY IT GOT DEVELOPED IMPLEMENTATION OF IMPACT FOR WRAPAROUND
SERVICES, INTENTIONAL SUPPORT FOR SURVIVORS, DATA COLLECTION, GRANT
ALLOCATIONS TO COMMUNITY-BASED ORGANIZATIONS, AND PUBLIC EDUCATION
CAMPAIGNS AIMED TO REDUCE GUN VIOLENCE WITH COORDINATION WITH
STAKEHOLDERS AND AGENCIES. WE ALSO HAVE A NEW TERM CALLED "MASS GUN
VIOLENCE", THREE OR MORE INJURED IN ONE SHOOTING OR THREE OR MORE
INJURED IN MULTIPLE SHOOTING -- RELATED SHOOTINGS WITHIN SEVEN DAYS, OR
FOUR OR MORE BEING MURDERED KNOWN AS A MASS SHOOTING IS ALL CALLED
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"MASS GUN VIOLENCE."
I WANT TO THANK THE VITAL VOICES OF OUR SURVIVORS WHO
TURNED THEIR PAIN INTO PURPOSE. AND -- AND AT THE SAME ROUNDTABLE
DISCUSSION WE EXPAND THE OFFICE OF VICTIM SERVICES TO PROVIDE MORE
SUPPORT FOR BURIAL ASSISTANCE, RAISING THE CAP FROM 6,000 TO $12,000.
AND WITH NO JUDGMENT TO THE VICTIM, MORE SUPPORT FOR REIMBURSEMENT
FOR CLEANUP -- CRIME SCENE CLEANUP WHERE -- WHETHER YOU'RE FAMILY OR
NOT; LOST WAGES FOR SURVIVOR'S SUPPORT; ASSISTANCE WITH RELOCATION AND
EVEN INTENTIONAL SUPPORT TO THOSE WHO ARE LIVING WITH DISABILITIES THAT
ARE VICTIMS.
AS WE RECOGNIZE GUN VIOLENCE AWARENESS MONTH,
WE MUST ACKNOWLEDGE HOW OUR SURVIVORS TURNED THEIR PAIN INTO
PURPOSE FOR THIS SESSION. I PROUDLY VOTE IN THE AFFIRMATIVE AND I
ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 740, MR.
DESTEFANO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2025, AS GREAT OUTDOORS MONTH IN THE
STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
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NYS ASSEMBLY JUNE 10, 2025
THE CLERK: ASSEMBLY RESOLUTION NO. 741, MS.
CRUZ.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM -- TO PROCLAIM JULY 20, 2025, COLOMBIAN
INDEPENDENCE DAY IN THE STATE OF NEW YORK, ON THE 215TH ANNIVERSARY
OF COLOMBIAN INDEPENDENCE.
ACTING SPEAKER HUNTER: MS. CRUZ ON THE
RESOLUTION.
MS. CRUZ: THANK YOU, MADAM SPEAKER. AS A
PROUD COLOMBIAN AND FORMERLY-UNDOCUMENTED PERSON, IT IS AN
INCREDIBLE HONOR TO BRING THIS RESOLUTION BEFORE THE ASSEMBLY.
TODAY I RISE NOT JUST AS A LEGISLATOR, BUT ONE OF HALF-A-
MILLION COLOMBIANS THAT CALL NEW YORK OUR HOME. OUR STORIES ARE
TIED TO VIOLENCE THAT FORCED US TO FLEE, BUT ALSO TO THE RESILIENCY THAT HAS
PUSHED US TO BECOME SUCCESSFUL. WE'RE BUSINESSOWNERS, BANKERS,
TEACHERS, FIREFIGHTERS, LAWYERS, ELECTED OFFICIALS. WE'RE RESTAURANT
WORKERS, CONSTRUCTION WORKERS, THE CLEANING LADIES, REPORTERS, ARTISTS
AND MANY OTHERS. WE ARE REFUGEES, PERMANENT RESIDENTS, THE
DREAMERS, THE CITIZENS. BUT ABOVE ALL, WE ARE FIGHTERS. WE'RE
EVERYWHERE. FROM MY HOME IN JACKSON HEIGHTS, ALSO KNOWN AS "LITTLE
COLOMBIA", TO THE BRONX, TO BUFFALO, TO BATAVIA TO OCEANSIDE WHERE
MY MOTHER LIVES, AND MANY OTHER PLACES. WE EAT EMPANADAS,
SANCOCHO. WE DANCE VALLENATO, CUMBIA. WE LOVE LAS SELECCIONES,
WHICH IS ACTUALLY PLAYING RIGHT NOW AGAINST ARGENTINA AND IT LOOKS LIKE
WE'RE GONNA TIE.
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NYS ASSEMBLY JUNE 10, 2025
I AM A PROUD -- I'M PROUD TO JOIN MY COLLEAGUES OF
COLOMBIAN DESCENT HERE IN -- AND IN THE SENATE FOR THE RESOLUTION
COMMEMORATING OUR 215TH ANNIVERSARY, A HISTORY THAT LIVES IN EVERY
COLOMBIAN HOME HERE IN NEW YORK AND BACK IN OUR COUNTRY, EVERY
IMMIGRANT'S STORY AND EVERY CELEBRATION OF OUR ROOTS.
ON JULY 20, 1810 A SEEMINGLY ORDINARY MOMENT, THE
DENIAL OF A FLOWER VASE FOR A PATRIOTIC GATHERING SPARKED A REVOLUTION IN
BOGOTÁ, THE CAPITAL. THAT MOMENT OF RESISTANCE LED TO THE CREATION OF A
LOCAL GOVERNMENT COUNCIL AND IGNITED COLOMBIA'S LONG JOURNEY TO
FREEDOM FROM SPAIN AND COLONIAL RULE.
FOR MANY OF US, COLOMBIAN INDEPENDENCE DAY IS
MORE THAN HISTORY. IT IS A REMINDER HOW FAR WE'VE COME, AND HOW
PROUD WE ARE NOT ONLY TO BE COLOMBIAN, BUT ALSO NEW YORKERS.
AS SOMEONE WHO HAS -- WHO NOW HAS THE PRIVILEGE TO
HELP SHAPE THE LAWS IN OUR STATE, I CARRY MY HERITAGE EVERY DAY IN THIS
ROOM, AND THIS RESOLUTION ENSURES THAT OUR GOVERNMENT HONORS THAT
HERITAGE, TOO.
I RESPECTFULLY ASK THAT MY COLLEAGUES JOIN ME IN
MEMORIALIZING GOVERNOR KATHY HOCHUL TO PROCLAIM JULY 20, 2025 AS
COLOMBIAN INDEPENDENCE IN NEW YORK.
(SPEAKING SPANISH)
ACTING SPEAKER HUNTER: MR. ZACCARO ON THE
RESOLUTION.
MR. ZACCARO: THANK YOU, MADAM SPEAKER. AS A
PROUD COLOMBIAN REPRESENTING BARRANQUILLA, WHICH IS THE VIBRANT HEART
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NYS ASSEMBLY JUNE 10, 2025
OF THE COLOMBIAN CARIBBEAN COAST, I'M HONORED TO SUPPORT THIS
RESOLUTION TODAY THAT WILL MEMORIALIZE JULY 20TH AS COLOMBIAN
INDEPENDENCE DAY.
ON THIS DAY IN 1810, COLOMBIA DECLARED ITS
INDEPENDENCE FROM SPANISH RULE; A PIVOTAL MOMENT THAT RESONATES WITH
OUR SHARED VALUES OF FREEDOM AND OF SELF-DETERMINATION. BARRANQUILLA,
KNOWN FOR ITS LIVELY CARNIVAL SHOWCASES OUR RICH CULTURAL HERITAGE AND
THE SPIRIT OF UNITY THAT DEFINES US AS COLOMBIANS.
AND I WANT TO EXTEND MY HEARTFELT GRATITUDE TO THE
SPONSOR OF THIS RESOLUTION TODAY AND FOR BRINGING IT TO THE FLOOR. YOU
KNOW, I FEEL PRIVILEGED TO SERVE ALONGSIDE SUCH A REMARKABLE
COLLEAGUE, A DREAMER FROM COLOMBIA WHO HAS OVERCOME GREAT
CHALLENGES. AND IN A TIME WHEN OUR COUNTRY OFTEN PAINTS ALL
IMMIGRANTS WITH ONE BROAD STROKE, HER JOURNEY IS A REFRESHING ONE AND
AN EXAMPLE OF THE BEST OF WHAT CAN BE ACHIEVED.
AND SO I WANT TO THANK HER TODAY FOR BRINGING THIS TO
THE FLOOR, AND I WANT US TO COME TOGETHER TO ACKNOWLEDGE THIS
IMPORTANT DAY AND CONTINUE TO PROMOTE A SOCIETY WHERE EVERY CULTURE
IS CELEBRATED.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 742, MS.
BUTTENSCHON.
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LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JULY 2025, AS ICE CREAM MONTH IN THE STATE
OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 743, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JULY 2025, AS FIBROID AWARENESS MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 744, MR.
EPSTEIN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JULY 2025, AS DISABILITY PRIDE MONTH IN THE
STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 745, MR.
JONES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
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KATHY HOCHUL TO PROCLAIM JULY 2025, AS LAKE APPRECIATION MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 746, MR. K.
BROWN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM AUGUST 31, 2025, AS OVERDOSE AWARENESS
DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MR. BROWN ON THE
RESOLUTION.
MR. K. BROWN: THANK YOU, MADAM SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS IMPORTANT RESOLUTION.
OVERDOSE AWARENESS DAY HAS GARNERED INCREASED
INTERNATIONAL ATTENTION AND RECOGNITION OVER THE PREVIOUS TWO DECADES
BECAUSE OF THE HEARTBREAKING SURGE OF OVERDOSES DURING THAT TIME
PERIOD. TO PUT THIS INTO PERSPECTIVE, IN NEW YORK STATE ALONE,
OPIOID-RELATED DEATHS INCREASED BY A STAGGERING 1,194 PERCENT BETWEEN
JUST 2010 AND 2017. THIS EPIDEMIC AFFECTS NOT JUST INDIVIDUALS WHO
PASS AWAY FROM OVERDOSE, BUT ALSO FAMILIES, FRIENDS AND ENTIRE
COMMUNITIES THAT BEAR THE BURDEN OF GRIEF AS A RESULT OF THEIR HORRIFIC
LOSSES.
OVERDOSE AWARENESS DAY PROVIDES THOSE GRIEVING
WITH THE OPPORTUNITY TO PUBLICLY MOURN THEIR LOVED ONES WHILE FEELING
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THE STRONG SENSE OF SUPPORT AND COMMUNITY. IT'S THE HOPE THAT THIS
RESOLUTION AND OTHER MEASURES TAKEN BY THIS BODY CAN RAISE MORE
AWARENESS OF THE ISSUE, AND REDUCE THE STIGMA ASSOCIATED WITH DRUG-
RELATED DEATHS.
OVERDOSES AFFECT EVERY CORNER OF OUR STATE AND
COUNTRY. SO I HOPE THAT AS NEW YORKERS WE COULD SUPPORT THOSE
STRUGGLING WITH OPIOID ADDICTION, PROMOTE GREATER DISCUSSIONS AROUND
PREVENTION TECHNIQUES, AND BE THERE FOR OUR FRIENDS AND FAMILY WHO ARE
MOURNING THOSE THEY HAVE LOST.
WHILE ONE DRUG-RELATED DEATH IS ONE TOO MANY, THERE
ARE REASONS TO BE HOPEFUL. BETWEEN 2024 AND 2025, NEW YORK STATE
SAW A 32 PERCENT DECREASE IN DRUG-RELATED DEATHS. THAT'S SOMETHING TO
BE PROUD OF. BUT THIS PROGRESS IS WELCOME, AND IT PROVES THAT MEASURES
THAT HAVE BEEN AND CONTINUE TO HAVE BEEN TAKEN TO ADDRESS THIS
EPIDEMIC CAN BE HELPFUL. MY HOPE IS THAT THIS BODY CONTINUES TO
INTRODUCE LEGISLATION DESIGNED TO SPREAD AWARENESS, PROVIDE
INFORMATION TO THE PUBLIC, MINIMIZE THE STIGMA OF DRUG-RELATED DEATHS,
AND PROVIDE ASSISTANCE TO THOSE WHO NEED IT THE MOST.
FINALLY, IT'S TIME TO REMEMBER LOVED ONES THAT WE
HAVE LOST TO AN OVERDOSE, AND IT'S PARAMOUNT THAT WE WORK DILIGENTLY TO
ADDRESS THE CURRENT EPIDEMIC, SAVING THE LIVES OF FAMILY MEMBERS,
FRIENDS AND NEIGHBORS IN THE PROCESS.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
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AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 747, MR.
BRABENEC.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM AUGUST 2025, AS SWISS-AMERICAN HERITAGE
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 748, MR.
SANTABARBARA.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 7-13, 2025, AS DIRECT SUPPORT
PROFESSIONAL RECOGNITION WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MR. SANTABARBARA
ON THE RESOLUTION.
MR. SANTABARBARA: THANK YOU, MADAM
SPEAKER, FOR THE OPPORTUNITY TO SPEAK ON THIS RESOLUTION RECOGNIZING
DIRECT SUPPORT PROFESSIONAL WEEK [SIC] IN NEW YORK STATE.
DIRECT SUPPORT PROFESSIONALS DO INCREDIBLE WORK
EVERY DAY. THEY HELP PEOPLE WITH DEVELOPMENTAL DISABILITIES LIVE FULL,
MEANINGFUL LIVES. THEY NOT ONLY ASSIST WITH DAILY NEEDS LIKE MEALS,
MEDICATION, GETTING TO WORK OR SCHOOL; THEY ALSO PROVIDE CARE,
CONNECTION AND SUPPORT. THESE ARE THE PEOPLE HELPING INDIVIDUALS STAY
CONNECTED TO THEIR FAMILIES, THEIR COMMUNITIES, AND THE WORLD AROUND
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THEM. THEIR WORK BRINGS COMFORT, DIGNITY AND INDEPENDENCE TO SO
MANY NEW YORKERS.
AS CHAIR OF THE ASSEMBLY'S COMMITTEE ON PEOPLE
WITH DISABILITIES AND AS A FATHER OF A SON WITH AUTISM, I'VE SEEN
FIRSTHAND THE DIFFERENCE THESE DEDICATED INDIVIDUALS CAN MAKE IN
SOMEONE'S LIFE. THEIR WORK DESERVES OUR APPRECIATION, OUR RECOGNITION
AND OUR RESPECT, AND THIS RESOLUTION IS ONE WAY THAT WE CAN SAY THANK
YOU AND I INVITE EVERYONE TO JOIN ME IN SUPPORTING IT.
THANK YOU.
ACTING SPEAKER HUNTER: MS. GIGLIO ON THE
RESOLUTION.
MS. GIGLIO: THANK YOU, MADAM SPEAKER. AND I'D
LIKE TO THANK THE SPONSOR FOR THIS WONDERFUL RESOLUTION BECAUSE YOU
KNOW WHAT? DIRECT SUPPORT PROFESSIONALS ARE THERE EVERY DAY.
THEY'RE THERE FOR PEOPLE WITH DISABILITIES AND THE PEOPLE THAT REALLY
HAVE BEEN FORGOTTEN IN THE STATE OF NEW YORK, ALONG WITH OUR
VETERANS, ALONG WITH OUR SENIORS, ALONG WITH MANY OTHERS. AND OUR
STATE BUDGET NEXT YEAR SHOULD REFLECT HOW THESE PEOPLE WHO CARE FOR
OUR MOST VULNERABLE SHOULD BE PAID SO THAT THEY CAN AFFORD TO CONTINUE
TO DO THE WORK OF GOD AND THE WORK THAT THEY LOVE SO MUCH. BUT THEY
HAVE TO WORK THREE JOBS IN ORDER TO DO WHAT THEY REALLY LOVE, AND THEN
BE ABLE TO DO TWO OTHER JOBS TO PROVIDE FOR THEIR FAMILIES BECAUSE THEY
HAVEN'T KEPT UP -- THEIR PAY HAS NOT KEPT UP WITH THE RATE OF INFLATION.
THEY'RE STILL 8 PERCENT BEHIND IN THE LAST 15, 20 YEARS THAT THEY HAVEN'T
GOTTEN INCREASES.
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SO THANK YOU, THANK YOU, ASSEMBLYMAN
SANTABARBARA. THIS IS A VERY IMPORTANT RESOLUTION. AND I HOPE THAT WE
ALL CONSIDER THIS RESOLUTION IN THE BUDGET NEXT YEAR AND MAKE SURE THAT
WE GET THE DSPS AND THE NON-FOR-PROFITS THAT ARE PROVIDING THESE
SERVICES UP TO WHERE THEY SHOULD BE TODAY TO BE THE BEST THAT THEY CAN
BE SO THAT THE PEOPLE THAT ARE THE MOST VULNERABLE IN OUR SOCIETY AND
NEW YORK STATE CAN BE THE BEST THAT THEY CAN BE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 749, MR.
EACHUS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 21-27, 2025, AS SHERIFF'S WEEK
IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 750, MS.
BUTTENSCHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 2025, AS BRAIN ANEURYSM
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
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ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 751, MS.
PAULIN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 2025, AS SEPSIS AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 752, MS.
LUCAS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM NOVEMBER 3, 2025, AS PANAMANIAN --
PANAMANIAN INDEPENDENCE DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MS. LUCAS ON THE
RESOLUTION.
MS. LUCAS: GOOD EVENING, COLLEAGUES, AND THANK
YOU, MADAM SPEAKER.
I AM GRATEFUL TO HAVE COME TO KNOW MANY OF YOU. WE
SPENT A TREMENDOUS AMOUNT OF TIME GETTING TO KNOW AND UNDERSTAND
EACH OTHER. TODAY I SHARE MORE ABOUT MYSELF WITH YOU. MY
GREAT-GRANDPARENTS ETHEL AND DAYTON STANDARD, BOTH BORN IN THE 1800S,
MIGRATED TO CHORRERA, PANAMA TO FOLLOW THE ECONOMIES OF THE TIME IN
THIS REGION, WHICH WAS THE BUILDING OF THE PANAMA CANAL. MY
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NYS ASSEMBLY JUNE 10, 2025
GREAT-GRANDPARENTS BIRTHED AND RAISED FIVE CHILDREN IN PANAMA, ONE OF
WHICH WAS MY PATERNAL GRANDMOTHER, RITA STANDARD, WHO WAS BORN ON
JUNE 15, 1914 IN CHORRERA, PANAMA EXACTLY TWO MONTHS BEFORE THE
CANAL'S OPENING TO COMMERCIAL TRAFFIC ON AUGUST 15, 1914. MY
GRANDMOTHER, RITA STANDARD, WAS ALSO BORN IN PANAMA 11 YEARS AFTER
PANAMA SOUGHT TO ASSERT ITS AUTONOMY AND ITS SELF-DETERMINATION FROM
COLOMBIA THROUGH PEACEFUL MEANS.
PANAMA HAD A COMPLEX HISTORY; ONE OF COLONIAL
LOYALTY FROM SPAIN TO COLOMBIA, ONE OF SEVERAL FAILED ATTEMPTS TO BUILD
THE CANAL. THIS CREATED GREAT UNREST IN THE PANAMANIAN PEOPLE.
PANAMA'S DESIRE FOR ECONOMIC FREEDOM AND CIVIL LIBERTIES FROM
COLOMBIAN -- FROM COLOMBIA BEGAN TO FUEL PANAMA'S DESIRE FOR
AUTONOMY.
IN THE EARLY 1900S, INFLUENTIAL PANAMANIANS BEGAN
PLANNING A REVOLUTION, AND BY 1903 IT RECEIVED ITS INDEPENDENCE FROM
COLOMBIA. NOVEMBER 3RD IS NOW CELEBRATED IN PANAMA AND BY
PANAMANIAN COMMUNITIES AROUND THE WORLD AS SEPARATION DAY; A DAY
OF PATRIOTIC PRIDE, NATIONAL REFLECTION AND CULTURAL CELEBRATION. MY
GRANDMOTHER, RITA STANDARD, THEN MIGRATED TO THE UNITED STATES,
MARRIED AND RAISED TEN CHILDREN. IT IS BECAUSE OF HER THAT WHETHER IT IS
THE LANGUAGE WE SPEAK, THE FOOD WE COOK, OR THE FESTIVALS, PARADES,
RESTAURANTS, SOCIAL CLUBS, SCHOLARSHIP PROGRAMS AND CIVIC ORGANIZATIONS
AND THINK TANKS, PANAMANIANS LIKE MYSELF KEEP OUR CULTURE ALIVE AND
CONTRIBUTE TO THIS BEAUTIFUL AND THRIVING COMMUNITY HERE IN THE UNITED
STATES. IN THIS LEGISLATURE ALONE, PANAMANIANS BEFORE ME SERVED IN
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NYS ASSEMBLY JUNE 10, 2025
LEADERSHIP; ASSEMBLYMAN ED GRIFFITH AND SENATOR WALDABA STEWART.
MR. GRIFFITH REPRESENTED THE 40TH ASSEMBLY DISTRICT
WHICH COVERED A PORTION OF EAST NEW YORK, BROWNSVILLE, AND EAST
FLATBUSH AND BROOKLYN KINGS COUNTY. MR. GRIFFITH MADE A VAST
CONTRIBUTION TO NEW YORK LAW. HE WAS THE ONLY NON-LAWYER ON THE
ASSEMBLY JUDICIARY COMMITTEE FOR MANY YEARS. THIS WAS A TESTAMENT
TO HIS GOOD JUDGMENT AND DEEP UNDERSTANDING OF THE NEEDS OF THE
COMMUNITY. ONE OF THE JUDICIARY COMMUNITY'S [SIC] INTELLECTUAL
LEADERS, RALPH GOLDSTEIN OF QUEENS WARMLY PRAISED EDDIE AS THE MOST
DECENT MAN IN THE LEGISLATURE. ASSEMBLYMAN GRIFFITH WAS THE CHAIR
OF THE ASSEMBLY ETHICS AND GUIDANCE COMMITTEE, AND HE SERVED AS
THE CHAIR OF THE BROOKLYN DELEGATION.
SENATOR WALDABA STEWART WAS ELECTED BY A LANDSLIDE
IN 1968 TO THE NEW YORK STATE SENATE, WHERE HE WAS HONORED TO SERVE
FOR FOUR YEARS. DR. STEWART SERVED AS THE NEW YORK STATE CHAIRMAN OF
THE FIRST NATIONAL BLACK POLITICAL CONVENTION HELD IN GARY, INDIANA.
HE ALSO SPONSORED LEGISLATION IN HEALTH FOR THE IMPROVEMENT OF QUALITY
CARE FOR THE POOR AND UNDERSERVED COMMUNITIES IN BROOKLYN.
JUST LAST MONTH, PANAMANIANS IN NEW YORK STATE, THE
COUNTRY, WORLD AND IN PANAMA CELEBRATED THE ACCOMPLISHMENTS OF
BLACK PANAMANIANS THROUGH THEIR BLACK HERITAGE MONTH CELEBRATION
CALLED FIESTA DE LA ETNIA NEGRA. WHILE TODAY WE COMMEMORATE AND
HONOR THE REPUBLIC OF PANAMA'S DECLARATION OF INDEPENDENCE FROM
COLOMBIA, WE HOLD UP THEIR FIGHT TO SEEK AND ASSERT ITS AUTONOMY AND
SELF-DETERMINATION THROUGH PEACEFUL MEANS, WHICH WAS A MILESTONE
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NYS ASSEMBLY JUNE 10, 2025
EVENT THAT PAVED THE WAY FOR THE ESTABLISHMENT OF THE SOVEREIGN
NATION OF PANAMA. THROUGHOUT THE -- THE DIASPORA, WE FIND EXAMPLES
OF INDIGENT POPULATIONS CONTRIBUTING TO THE SIGNIFICANT HISTORICAL
EVENTS, THE RICH CULTURE, TRADITIONS -- RICH CULTURAL TRADITIONS AND BEING
THE MANPOWER THAT DRIVES THEIR SOCIETY. AS EARLY AS THE 1800S AND
CONTINUING AFTER THE INDEPENDENCE FROM COLOMBIA, CARIBBEAN MEN AND
WOMEN ARRIVED TO WORK AND BUILD THE PANAMA CANAL, CONTRIBUTING TO
THE VITALITY OF THE WATERWAY THAT WILL GO ON TO TRANSFORM GLOBAL
COMMERCE AND MARITIME NAVIGATION.
I AM PROUD THAT BLACK PEOPLE IN PANAMA HAVE BECOME
A PART OF ITS FABRIC THAT REPRESENT ITS FREEDOM OF INDEPENDENCE. AS WE
COMMEMORATE THE INDEPENDENCE OF 1903, WE LIVE THE CONTRIBUTIONS OF
PANAMANIANS EVERYWHERE.
THANK YOU, MADAM SPEAKER, AND I ASK THAT YOU
ACKNOWLEDGE THE PANAMANIAN VILLAGE.
ACTING SPEAKER HUNTER: THANK YOU, MS.
LUCAS.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
MR. FALL.
MR. FALL: MADAM SPEAKER, DO WE HAVE FURTHER
HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER HUNTER: WE HAVE NO
HOUSEKEEPING.
WE HAVE A NUMBER OF RESOLUTIONS BEFORE THE HOUSE.
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NYS ASSEMBLY JUNE 10, 2025
WITHOUT OBJECTION, THESE RESOLUTIONS WILL BE TAKEN UP TOGETHER.
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.
THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 753-758
WERE UNANIMOUSLY ADOPTED.)
MR. FALL.
MR. FALL: I NOW MOVE THAT THE ASSEMBLY STAND
ADJOURNED AND THAT WE WILL RECONVENE AT 10:00 A.M., WEDNESDAY, JUNE
11TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER HUNTER: ON MR. FALL'S
MOTION, THE HOUSE STANDS ADJOURNED.
(WHEREUPON, AT 10:14 P.M., THE HOUSE STOOD
ADJOURNED UNTIL WEDNESDAY, JUNE 11TH AT 10:00 A.M., THAT BEING A
SESSION DAY.)
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