New York State SmartTranscripts:

[Crystal D. Peoples-Stokes (Majority Leader)]: Madam speaker, would you please call the house to order?

[Acting Speaker (Presiding Officer)]: The house will come to order.

[Unidentified Member (Ms. Josiah)]: Quiet, please.

[Acting Speaker (Presiding Officer)]: Good afternoon, colleagues and guests. In the absence of clergy, let us pause for a moment of silence. Visitors are invited to join members in the pledge of allegiance. A quorum being present, the clerk will read the journal of Monday, February 9. Miss People Stokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Madam speaker, I move to dispense with the further reading of the journal of Monday, February 9, and that the same stand approves.

[Acting Speaker (Presiding Officer)]: With that objection, so ordered.

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you, madam speaker. My pleasure to see you all here this afternoon. We're gonna start with our quote of the day. This one is coming from Kieran Pearson. She's an actress, an author, and she's best known for her work as Hillary Banks on the NBC sitcom, the fresh prince of Bel Air. Her words for us today. Black history isn't separate history. This is all of our history. This is American history, and we need to know that. Again, these words from Karen Parsons. Madam speaker, colleagues have on their desk a main calendar. And after you have done any housekeeping and or introductions, we're gonna begin our floor work by taking up resolutions on page three. We're then gonna take up, the following bills on debate. Rules report 16 by miss Glick, rules report 55 by mister Wepprin, and rules report 67 by mister Levine. There will definitely also be a need for two committees to be called off the floor, so members that are in the chambers. And if you're not in the chambers, you should move this way because we're gonna be calling both ways and means and rules. The sooner you're in the committee room, the sooner we can get them completed. These committees are going to produce an a calendar, which we may likely take up today. If there's a need for additional floor activity to be announced, madam chair, I'll be happy to do that at the appropriate time. However, that's a general outline of where we're going today. Let us begin with housekeeping and introductions, ma'am. Thank you.

[Acting Speaker (Presiding Officer)]: Thank you. We have no housekeeping this afternoon. We will start with an introduction from mister Slater.

[Matthew Slater (Assemblymember)]: Thank you, Madam Speaker. It's my great honor to welcome a very familiar face to the chamber today, my predecessor and the sixth county executive of Putnam County, Kevin Byrne. Kevin and I have been friends for a lot longer than we want to admit, going back to high school, never realizing or thinking that our paths would be as intertwined as they have been through public service. But he has done a phenomenal job as county executive just last year, delivering the largest property tax cut in Putnam County history, and his forward thinking has made Putnam County a model for the rest of the state to follow. And so, it's great to welcome back a great friend to this chamber, a great personal friend of mine. If you could please extend the privilege to the floor, I would greatly appreciate it. Thank you, madam speaker.

[Acting Speaker (Presiding Officer)]: Thank you. On behalf of mister Slater, the speaker, and all members, welcome back mister Byrne, mister county executive. We welcome you back to the assembly chamber. Of course, once a member, always a member. Wonderful to see you. We hope you enjoy the proceedings today as long as you're able to stay. Thank you so very much for joining us again today. Thank you. Mister Molotore, for the purpose of an introduction.

[Angelo Morinello (Assemblymember)]: Thank you Madam Speaker. I'm usually jealous of everyone who gets to introduce people. I typically do not because my constituents live so far away. But today I have Robert Patterson and Bailey Jordan here with us. They're both grape farmers and Farm Bureau members, and they are here today to advocate for their legislative priorities for this year. And I would be honored if you welcomed them and gave them all the cordialities of the floor. Thank you.

[Acting Speaker (Presiding Officer)]: On behalf of Mr. Molotar, the speaker and all members, welcome Mr. Patterson and Ms. Jordan to the Assembly Chamber. We welcome you and extend to you the privileges of the floor. We appreciate you traveling such a far away to be with us here today, and thank you for your service of farming in our communities. We hope you enjoy the proceedings today. Thank you so very much for joining us. Us. Press for the purpose of an introduction.

[George Alvarez (Assemblymember)]: Thank you, Madonna speaker. Today, I am proud to rise and recognize the students and faculty of Fort Wayne University who join us here in the chamber today. Fort Wayne students represent the very best of New York futures, driven, thoughtful, and deeply commitment to learn, service, and leadership. They are preparing to make meaningful contribution to our community across law, public service, business, education, and beyond. I am proud to welcome the Florida University community to the assembly today and I respectfully ask madam speaker to please extend the courtesy of the floor to the student and faculty present today. Thank you.

[Acting Speaker (Presiding Officer)]: Thank you. On behalf of mister Alvarez, the speaker, and all members, welcome Fordham University students and faculty to our Assembly Chamber. We extend to you the privileges of the floor. Hope you enjoy our proceedings today. We wish you best wishes on your future academic endeavors. Good luck to you all. Thank you for joining us today. Ms. Lee, for the purpose of an introduction.

[Grace Lee (Assemblymember)]: Thank you Madam Speaker. I rise today to welcome and introduce an extraordinary New Yorker to the Assembly Chamber, Victoria Vic Lee. Ms. Lee is a lifelong New Yorker, a proud graduate of New York City's public schools and the City University of New York and the daughter of Chinese immigrants. Ms. Lee currently serves as a Chief Executive Officer of Welcome to Chinatown, the nonprofit she co founded in 2020 as a love letter to the neighborhood that raised her. Under her leadership, Welcome to Chinatown has become a vital connector across the public and private sectors and helps advance innovative approaches to small business resilience, succession planning and community driven economic development. Alongside her work with Welcome to Chinatown, Ms. Lee also sits on the board of Gotham Park, working to advance park equity and reimagine public spaces in Lower Manhattan. And through her prior service on the National Board of Alpha Kappa Delta Phi, she helped mobilize thousands of young AAPI women in leadership and service. Vic Lee represents the very best of our state. Rooted in community, driven by service, and committed to building opportunities for others. Madam Speaker, please welcome Vic Lee and extend to her the privileges of the floor.

[Acting Speaker (Presiding Officer)]: On behalf of Ms. Lee, the speaker and all members, we welcome you Ms. Lee to the assembly chamber and extend to you the privileges of the floor. Congratulations for all of your success and welcome to Chinatown. We hope you enjoy the proceedings today. Thank you so very much for joining us. Miss Jackson, for the purpose of an introduction.

[Chantel Jackson (Assemblymember)]: Well, thank you, madam speaker. I am rising because The Bronx is in the house. I am here to welcome Bronx School of Law, Government and Justice tenth graders. They are here for the first time advocating for the things that they feel are important to youth and I would love for you to give them all the cordiality of the floor because guess what, they're from The Bronx.

[Acting Speaker (Presiding Officer)]: On behalf of miss Jackson, the speaker and all members, welcome young people to our assembly chamber, extending the privileges of the floor to you. You have the opportunity of a lifetime today be here in the assembly chamber. Many people will come. Few will be able to enter and you're here today. Keep up advocacy. Amplify your voices. You are our future, the next leaders. Looking forward to all of the great works that you're going to be doing. We hope you enjoy our proceedings today. Thank you all so for very much for joining us today. Thank you. Resolutions. Page three. Clerk will read.

[Reading Clerk]: Assembly number nine forty one, mister Sayag. Legislative resolution memorializing governor Kathy Hochul proclaim 02/05/2026 as Kashmir American day in the state of New York.

[Acting Speaker (Presiding Officer)]: Miss Josiah, on the resolution.

[Unidentified Member (Ms. Josiah)]: Sure. Thank you very much, madam speaker. I rise today at the New York State Assembly to celebrate Kashmir American Day. For decades, Kashmir has been the center of a long standing territorial dispute. And because of this, the announcement of Kashmirian American Day has been somewhat controversial, with either side jumping to conclusions over whether it signals support or opposition to one side or the other. However, Cashmere American Day, like any other cultural celebration, was not intended to take sides. Rather, it was a day meant to admire the history, tradition, and culture of the Kashmirian people and their contributions to New York and America. Oftentimes, we focus on our differences because we are so stuck in viewing the world through our own lenses. If we learn to look past what sets us apart and instead choose to highlight the similar values we share, we learn that every culture and every person has a lot more in common than we think. I, like many other groups who settled in New York before them, Kashmirians channeled the values of American citizenship through their commitment to democracy and hard work. Thus, I commemorate today the Kashmirian Americans and ask all to join in recognizing a culture that adds to the rich tapestry of multicultural diversification in New York.

[Acting Speaker (Presiding Officer)]: Thank you. On the resolution, all those in favor signify by saying aye. Aye.

[Reading Clerk]: Opposed, no. The resolution is adopted. Assembly number nine forty two, mister Sayej. Legislative resolution memorializing governor Kathy Hochul to proclaim 02/13/2026 as radio day in the state of New York.

[Acting Speaker (Presiding Officer)]: On the resolution, all those in favor signify by saying aye. Opposed, no. The resolution is adopted.

[Reading Clerk]: Assembly number nine forty three, Mr. Blankenbush. Legislative resolution memorializing Governor Kathy Hochul to proclaim February 15 through the twenty first, twenty twenty six as Grain Bin Safety Week in the state of New York. On

[Acting Speaker (Presiding Officer)]: the resolution, all those in favor signify by saying aye. Opposed, no. The resolution is adopted.

[Reading Clerk]: Assembly number 944, mister DeStefano. Legislative resolution memorializing governor Kathy Hochul to proclaim February 2026 as Library Lovers Month in the state of New York.

[Acting Speaker (Presiding Officer)]: Mister DeStefano, on the resolution.

[Joseph P. DeStefano (Assemblymember)]: Thank you, madam speaker. Every February, the state of New York celebrates Library Lovers Month, a time dedicated to honoring the vital role that libraries play in the community across the state. From the bustling streets of New York City to quiet Upstate towns, libraries serve as an inclusive space where knowledge, curiosity and connected thrive. These months offer an opportunity for residents to reflect on the contributions of libraries and recommit to supporting them as essential public institutions. Library Lovers Month in New York highlights the rich history of multifaceted impact of libraries. New York libraries, whether part of a large urban system or a small rural network, provide free access to books, digital resources, educational programs and cultural events. There are places where children discover the joy of reading, teens explore new interests, adults pursue lifelong learning, and seniors engage in social activities. For many, libraries also serve as safe havens offering resources for job searches, language learning, technology training, and creative expression. In February, libraries across the state host special programs to engage the public and celebrate the love of reading and learning. Book clubs, author talks, storytelling sessions, workshops, community art projects create vibrant opportunities for people of all ages to come together. Though of these events, the month fosters a sense of belonging and reminds us that libraries are more than a collection of books. They are community hubs that inspire, educate, and empower. Library Lovers Month also serves as a reminder of the challenges and opportunities facing libraries today. As information needs to evolve in the digital age, libraries adapt to expanding access to technology, offering virtual programming and partnering with schools and local organizations. Celebrating this month encourages advocacy for sustained investment in library services, ensuring that every New Yorker can benefit from the resources and possibilities that they offer. Ultimately, February becomes more than just a calendar marker. It becomes a celebration of the enduring value of libraries and a call to appreciate and support these institutions that enrich the lives of New York State. Whether through borrowing a favorite book, attending a community event, or simply expressing gratitude to library staff, residents are invited to show their love for libraries throughout the month and beyond. My colleagues, please join me in celebrating February as Library Lovers Month in the state of New York. Thank you, Madam Speaker.

[Acting Speaker (Presiding Officer)]: Thank you, Ms. Walsh, on the resolution.

[Mary Beth Walsh (Assemblymember)]: Thank you, Madam Speaker. I just wanted to rise and add my voice to the sponsor of this very good resolution for Library Lovers Month. Now folks, that's different from Lamb Lovers Month, is what we or Lamb Lovers Week that we did last week. Library lovers, I think all of us love libraries, but for many people it's been a while since they've been in a library and if you haven't been in a library in a while, you really ought to go because as the sponsor of the resolution stated, they've changed a lot over the years. I wanted to just shine a light briefly on a great library in my district that recently created a sensory friendly room that some people I think didn't know how often it would be used. And when I met with that group last week, they informed me that it is in constant use because families who come to the library perhaps with a family member who has an intellectual or developmental disability or has a sensory need, you want to be able to bring the other kids or the rest of the family to the library and it gives a great opportunity for everyone to be able to enjoy the library whatever level they're on. The tutoring spaces, the as was said, the book clubs, there's so many different things going on. Computer literacy, tax preparation, there's so many things that libraries do these days and it is much more of a place than a place to get books, but it's also a great place to get books. And we know that e books are really taking a big jump up in popularity as well. So for all of those reasons, I thank the sponsor for this resolution and I know that we all love our libraries and I'm happy to support this resolution. Thank you very much, madam speaker.

[Acting Speaker (Presiding Officer)]: Thank you. Miss Peoples Stokes on the resolution.

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you, madam speaker. I rise to commit my colleague on introducing this piece of legislation And I would say that my colleague who just spoke is absolutely right. We all do love libraries. In fact, some of us were raised to love libraries. Just like we had to go to church every Sunday, we had to go to the library every week too. Get a new book, take a book back. And so it is just a wonderful experience to know that no matter where you live in the world, you can read about another part of the world and feel like you're almost there by going to the library and reading a book or actually taking one out and bringing it home and reading a book. I fell in love so with libraries and with books that I would sneak in the middle of the night when my parents told me to turn the lights off and go to sleep. I had a flashlight under the covers to finish that book, And it meant a lot to me in my life. I do also want to, you know, acknowledge that the newest library in Oliveira County just happens to be in my district. It was probably built about ten years ago by an African American architect, and it's named the Frank Merriweather Library. And it's named that because it's the oldest black newspaper in the city of Buffalo. This family had a newspaper from the beginning. It's called The Criterion and it still exists. And so that library is named after their father. Probably has more community events than most places. Very important meetings are held there. Environmental meetings, education meetings, health meetings. People use that library more, I think, in Erie County than any other library. That's how valuable it is to people. It's not in the wealthiest part of the district, but it is in the part of the district where it gets the most use. So again, thank you to my colleague for introducing this piece of this resolution. It's critically important. Libraries can help build everybody's life no matter where you are from. Thanks again.

[Acting Speaker (Presiding Officer)]: Thank you. Miss Walker, on the resolution.

[Chantel Jackson (Assemblymember)]: Awesome. So it appears that I walked in at the right moment. Everyone's talking about my favorite subject, libraries. Most people who knows me when I'm hidden from around these places, I'm usually hiding in the library here at the state capital because of the wealth of information and knowledge that which is located there. But, of course, in our districts, library is is something that's vitally important.

[Latrice Walker (Assemblymember)]: During COVID, many of our libraries were closed, and young people didn't have much of an outlet by which to continue their academic enrichment. So we started putting little libraries all throughout our community. Libraries at at one point in time when I was growing up, my mom would say that the library was my babysitter. And it was really the place that I found a lot of solace growing up in NYCHA developments where everything around you is is characterized by a very sullen storybook experience. When you are reading, it takes you to a different place. That's where I found out that maybe one day I could grow up and actually become an attorney because the first lawyer I read about was at the library. And so again, I want to continue and tag my name along to the resolution which is celebrating library lovers month, because I am 100 a library user, I still go to the library till this day. I download my library books on my Kindle, and 100% an avid avid reader. So thank you so much for introducing this, and I'd love to really, you know, talk a lot about it along in our communities, in our district so that more young people can realize and love libraries as we do. Thank you very much, madam speaker.

[Acting Speaker (Presiding Officer)]: Thank you. On the resolution, all those in favor signify by saying aye. Opposed, no. The resolution is adopted. Page four, rules report 16. Clerk will read.

[Reading Clerk]: Assembly number ninety five zero four, rules report 16, miss Glick, an act to amend the environmental conservation law.

[Acting Speaker (Presiding Officer)]: On a motion by miss Glick, the Senate bill is before the House. The Senate bill is advanced and explanation has been requested. Ms. Glick.

[Deborah J. Glick (Assemblymember)]: Thank you very much. This chapter amendment, and in fact the bill in chief, creates a framework for the inclusion of e bike batteries and e scooter batteries in the already existing rechargeable battery recycling program and seeks to promote consumer convenience as well as awareness and safety both on the part of consumers and those who will be part of the collection program. A plan has to be created by the manufacturers.

[Acting Speaker (Presiding Officer)]: Mr. Durso.

[Michael J. Durso (Assemblymember)]: Madam Speaker, would the sponsor yield for some questions?

[Acting Speaker (Presiding Officer)]: Will the sponsor yield? Sponsor yields.

[Michael J. Durso (Assemblymember)]: You Ms. Klick. Good to see you again. So just to get some clarifying questions in from the Bill in Chief and the amendments, and just to clarify, this is for me. Is this bill for the recycling of these rechargeable batteries only for New York City or is it statewide?

[Deborah J. Glick (Assemblymember)]: It's statewide.

[Michael J. Durso (Assemblymember)]: It is statewide. Okay. So was there any changes to the bill in chief regarding retailers taking back the batteries if they are attached to any residential or apartment buildings?

[Deborah J. Glick (Assemblymember)]: There have been a number first of all, let me run through a few of the clarifying aspects of the bill, the amendment. Rechargeable battery manufacturers, as is true with all of these types of take back programs, it is the manufacturer that is primarily responsible, they are required to develop a plan for the way in which these batteries will be collected with the notion that it will be convenient for consumers, but also to minimize colocation with residential properties. That's one. Two, it is these collection sites, both the employees and anybody working in the site would be provided with information regarding the safe handling and appropriate storage of the batteries. They would Manufacturers would be required to provide proper containers for the battery storage. They would reimburse local governments for costs associated with collection if there is any that attends to the municipality, which is true of all of these programs. The costs are supposed to be borne by the manufacturers. And it also requires DEC to solicit input from the Office of Fire Prevention and Control and the New York City Fire Department when approving or rejecting the plans that have been put forth by the manufacturers.

[Michael J. Durso (Assemblymember)]: Okay. So I guess we can go through a couple of those. And and just to understand the first part, you said to minimize the amount of these collection sites that would be attached to residential or and or apartments or anything, but it's not stating that they cannot be. So you can have a collection site that is on the Ground Floor of a a 10 story apartment building. Correct?

[Deborah J. Glick (Assemblymember)]: You could just as you could have now a business that sells them, a business that allows for them to be charged. So that is in fact always been the conundrum that in a dense urban environment allowing for the sale, the charging, or the collection that they might

[Michael J. Durso (Assemblymember)]: But prior, they they didn't have to collect them. Now they do. Correct? And some of those Well,

[Deborah J. Glick (Assemblymember)]: that yes. They they but collecting and let me also say that do not collect and are prohibited from collecting damaged, defective or those that are part of a recall.

[Michael J. Durso (Assemblymember)]: So So who would collect those then?

[Deborah J. Glick (Assemblymember)]: Those would have to go to a hazardous waste collection.

[Michael J. Durso (Assemblymember)]: So that's that's on the consumer. Correct? So if I have an ebike battery that's damaged, I can't take it back to one of these drop off sites at a store that sold it to me. Correct? I would then have to take it to Yes. A dump site.

[Deborah J. Glick (Assemblymember)]: Yes.

[Michael J. Durso (Assemblymember)]: Right? Okay. So now you had mentioned prior that the manufacturer of these batteries would have some level of responsibility when it comes to reimbursing a local municipality or as you said, paying for a certain bin maybe that is required in the store to collect these batteries. So my question is, if there's a manufacturer out of the state or out of the country and these things are getting mailed, how would one of those manufacturers submit their plan to the DEC? And how would we get money from that manufacturer to pay for the bin that now the store is required to have?

[Deborah J. Glick (Assemblymember)]: Well, the whole point of it was to limit the gray market on these. So, these stores that voluntarily

[Jarett Gandolfo (Assemblymember)]: Mhmm.

[Deborah J. Glick (Assemblymember)]: Take these back, take back batteries that are the same size type that they sell.

[Michael J. Durso (Assemblymember)]: But it doesn't have to be the ones they sold,

[Deborah J. Glick (Assemblymember)]: correct? Doesn't have to be exactly but the it has to be the same kind and it has to be a manufacturer that is part of a plan that's been submitted. So if there is a company that is in another country and that manufacturer does not participate in a plan for the retrieval, they would not be able to sell. They couldn't sell here.

[Michael J. Durso (Assemblymember)]: Who okay. So you're saying they couldn't sell here. How can we stop a company from mailing, shipping those batteries from another country, another state if they don't submit a plan? Is there going to be some kind of barrier for these companies to mail or or ship these things into New York State? Are we gonna be checking them as they're brought in?

[Deborah J. Glick (Assemblymember)]: Well, I think that there is the DEC has some regulatory oversight regarding products that come into the state from other places, but retailers would not be able to sell batteries that are from a manufacturer that does not have a plan or part of a plan, you know

[Michael J. Durso (Assemblymember)]: who's well, how are we gonna enforce that? Who who would be let's just say there was a big box store. Let's say, don't wanna give any names, but you you know what I'm saying. A big box store or a small business. How would we stop them from selling those batteries? And if we can't, because the DEC definitely not going around to each individual store that's selling these to check. Understand. Yes, ma'am.

[Deborah J. Glick (Assemblymember)]: Understand that we already collect a whole lot of batteries now.

[Michael J. Durso (Assemblymember)]: I'm gonna get to that point. I just was wondering since the DEC now has to be charged with having this plan put in place No. From

[Deborah J. Glick (Assemblymember)]: No. No. The manufacturers

[Michael J. Durso (Assemblymember)]: That's what I was about to say. The manufacturer is going to give the DEC their plan.

[Deborah J. Glick (Assemblymember)]: Right.

[Michael J. Durso (Assemblymember)]: They're gonna come up with essentially a list, correct, of manufacturers and their plans. Yes. Right? But now if I'm a small business or a big box store, once I buy that ebike scooter, right, and the battery goes bad or stops working, I take the battery off, I bring it to someone else, how does the DEC or you or me or anybody else know where that battery came from and if it's from an approved approved manufacturer.

[Deborah J. Glick (Assemblymember)]: Retailers cannot sell retailers. So, it's a big box or a little guy cannot be selling batteries from manufacturers that are not part of this.

[Michael J. Durso (Assemblymember)]: I got it. So who's going to enforce that? Is there money in this bill for the DEC to go out and produce fines, go after those those stores that are getting these from manufacturers that have not submitted. Obviously, I'm just I'm just wondering. I'm agreeing with the bill. Right? And the bill in chief, I like the most part of the bill. I don't see how any of this gets put into place. Well,

[Deborah J. Glick (Assemblymember)]: certainly in the city of New York, the city has authority too. There's dual authority in the bill in chief for the city to likewise enforce the requirements. But I have to think that most businesses, small businesses, part of their the plan is they have to inform retailers and retailers don't want to be operating outside of the law and they will know that they should not be selling batteries as there are other products that are on a list Right. That are prohibited. You do not have big box stores or small businesses selling, for example, pesticides that are not Agreed. Part of the regulation and we don't go out and check every store every day on a regular basis to make sure they're not selling this that's on a prohibited list. I have great faith that the people who are running both big box stores and small stores in particular that they pay attention to what the regulations and rules are nor do they want to have in their stores, they're not going to sell something and it that is not part of the rechargeable battery recycling program.

[Michael J. Durso (Assemblymember)]: Okay. So that being said, if a store is part of the recycling battery program, will there be a list somewhere on the DEC website, New York State website in regards to what retailers will be taking them in and the manufacturers that they're allowed to take them in from. Because if I have an ebike or or or a scooter or a rechargeable battery that's from a manufacturer that is not on that list, will those stores have a list in their stores and their employees have access to that list to make sure that they don't take in the wrong batteries?

[Deborah J. Glick (Assemblymember)]: DEC will have on its website the manufacturers that are participating. I presume there will be some link also to the plans, but they have to also have a process for informing retailers on the proper handling I'm and safe sorry, what?

[Michael J. Durso (Assemblymember)]: I'm sorry, you're saying that DC has to make that process up, correct?

[Deborah J. Glick (Assemblymember)]: No. No. The have to have the plan. I said that DEC will have a list of authorized manufacturers and presumably a link to the actual plans and as a result there will be a way in which retailers will know who are the legitimate manufacturers of these products and will be able to even if they don't sell that manufacturer but they sell a battery from a different manufacturer that is of the same size and type.

[Michael J. Durso (Assemblymember)]: So that was my question. So you just said it it doesn't have to be an approved manufacturer. Could

[Deborah J. Glick (Assemblymember)]: be No. No. No. I did not say that.

[Michael J. Durso (Assemblymember)]: You said it's one of the same size and type but

[Deborah J. Glick (Assemblymember)]: not But off the same list.

[Unidentified Member (Ms. Josiah)]: Okay.

[Deborah J. Glick (Assemblymember)]: But it would be this is manufacturer A. This is manufacturer B. This is manufacturer C. These are the authorized, they're on DEC's list.

[Michael J. Durso (Assemblymember)]: Okay.

[Deborah J. Glick (Assemblymember)]: I happen to stock from manufacturer A, but manufacturer B has a similar and somebody brings in a battery by manufacturer B that is of the same size and type, I if I am voluntarily accepting batteries back, I would have to accept manufacturer B's battery that is Got the same size and type as manufacturer A.

[Michael J. Durso (Assemblymember)]: Understood, miss Cook. Thank you. So with that being said, how would they know if a battery you're saying they don't have to take back damage or defective batteries. Correct? And I'm more concerned about the defective battery. How will a a person like myself, anybody sitting in here, or someone that works in a small business know that a battery is defective? Maybe damaged, could see that there's a hole in it, it's leaking, anything like that. How would somebody know if a battery is defective?

[Deborah J. Glick (Assemblymember)]: Well, part of the plan is educating retailers who voluntarily

[Michael J. Durso (Assemblymember)]: Who's paying for the but who's paying for the education of it? That's really The manufacturers.

[Deborah J. Glick (Assemblymember)]: Okay. So the And they produce materials

[Michael J. Durso (Assemblymember)]: Okay.

[Deborah J. Glick (Assemblymember)]: That that retailers will review, that provides for an explanation of safe handling and for the information that if something is damaged or subject to a recall, which is when you normally would know that something is defective, is through the recall notification. And so they will know and they would have to post presumably that there is in fact a recall.

[Michael J. Durso (Assemblymember)]: Okay.

[Deborah J. Glick (Assemblymember)]: And therefore that would be they can check whether

[Matthew Slater (Assemblymember)]: So or not

[Michael J. Durso (Assemblymember)]: it's up to the the retailer to then check to see if that manufactured battery is on to any type of recall list or anything like that. There'll be a list provided, I'm assuming, by the manufacturer or the DC.

[Deborah J. Glick (Assemblymember)]: Yes. Okay.

[Michael J. Durso (Assemblymember)]: And that list has to be posted within the store?

[Acting Speaker (Presiding Officer)]: I don't know

[Deborah J. Glick (Assemblymember)]: if they have to post it, but they would be aware of it and then they would have to tell the customer, I'm sorry this is on the recall list, I'm not allowed to take it. This is what you would have to do with it which is to take it to a hazardous waste site or whatever that particular municipality. Some counties have a once a year

[Michael J. Durso (Assemblymember)]: Understood. Well, who's gonna who's gonna store it for that year?

[Acting Speaker (Presiding Officer)]: Well, Durso

[Michael J. Durso (Assemblymember)]: Yes, ma'am.

[Acting Speaker (Presiding Officer)]: Excuse me. One moment, please. Miss Peoples Stokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you, mister Durso and miss Glick for allowing me to interrupt your very lively debate to ask the rules committee for immediate meeting in the Speaker's Conference Room.

[Deborah J. Glick (Assemblymember)]: Well, somebody else is gonna have to do rules.

[Acting Speaker (Presiding Officer)]: Ways and

[Crystal D. Peoples-Stokes (Majority Leader)]: means? Ways and means. Sorry

[Acting Speaker (Presiding Officer)]: about ways and means committee meeting. Please meet chair Pretlow in the Speaker's Conference Room. Ways and Means Committee meeting Speakers Conference Room. Ms. Glick.

[Michael J. Durso (Assemblymember)]: That's okay. Thought I getting yelled at. That was much better.

[Deborah J. Glick (Assemblymember)]: Go back to the question please.

[Michael J. Durso (Assemblymember)]: I apologize ma'am. I actually lost my question but I'll with this one. When it comes to you had said that the manufacturers are going to be responsible for paying for a storage bin or whatever the whatever plan the DEC or in this case, let's say the FDNY comes up with for safe storage of those batteries. Correct?

[Deborah J. Glick (Assemblymember)]: Yes.

[Michael J. Durso (Assemblymember)]: Okay. How would the retailer, whether it's a big box store or a small mom and pop shop, how will they be receiving those funds and or that proper storage box?

[Deborah J. Glick (Assemblymember)]: That'll be part of the plan.

[Michael J. Durso (Assemblymember)]: Oh, so that's all gonna be in the DEC plan and

[Deborah J. Glick (Assemblymember)]: the plan a DEC plan. Okay.

[Michael J. Durso (Assemblymember)]: And the plan from the manufacturer.

[Deborah J. Glick (Assemblymember)]: The manufacturer does the plan. How

[Michael J. Durso (Assemblymember)]: okay. So when the manufacturer submits the plan and the DEC submits their plan. Right?

[Joseph P. DeStefano (Assemblymember)]: There's no

[Michael J. Durso (Assemblymember)]: DEC plan at all?

[Deborah J. Glick (Assemblymember)]: No, there is no DEC plan. The manufacturers let me go back to the beginning here.

[Michael J. Durso (Assemblymember)]: No, can't waste another fifty minutes on it. What my question was ma'am is the manufacturer makes the plan. Right? They then have to either reach out to the retailer or the retailer has to reach out to the manufacturer so that they can have that safe storage bin correct for their store.

[Deborah J. Glick (Assemblymember)]: Yeah.

[Michael J. Durso (Assemblymember)]: Okay. So now once this bill goes into effect, right, which is how many days? Well, it's already in effect. Correct? The bill in chief. But the amendment for it, how long will it before it goes into effect?

[Deborah J. Glick (Assemblymember)]: When is it? January.

[Michael J. Durso (Assemblymember)]: So one one year from last month. Correct? So eleven months from now. So, technically, if it goes into effect next year and the manufacturers don't have a plan by then, there is no box in that store, they don't have the safe storage component, there is no, as you said, funding that's coming from the manufacturer to those big box stores or retailers, they are not allowed to collect those batteries. Correct? They wouldn't be allowed. They would need to have all these things in place to collect the battery.

[Deborah J. Glick (Assemblymember)]: You know, I have faith that manufacturers who are already understanding how to manufacture, ship, and keep those batteries handling in a safe manner will have the materials available for retailers well before next year. This isn't really rocket science.

[Michael J. Durso (Assemblymember)]: No. I agree with you. But if a store was to not have the proper storage, correct, if if whether it's a a mom and pop

[Deborah J. Glick (Assemblymember)]: They're shop just doing it, but they are it's voluntary on the part of the retailers. So the retailer could say, we're not ready. As a retailer, they're not ready.

[Michael J. Durso (Assemblymember)]: Retailer is allowed to say, I'm not accepting

[Deborah J. Glick (Assemblymember)]: It's a voluntary.

[Michael J. Durso (Assemblymember)]: Even if they sell so even if they sell the product, they don't have to take it in?

[Deborah J. Glick (Assemblymember)]: Yeah. Voluntary.

[Michael J. Durso (Assemblymember)]: So

[Deborah J. Glick (Assemblymember)]: Voluntary.

[Michael J. Durso (Assemblymember)]: Okay. So the whole process is voluntary?

[Deborah J. Glick (Assemblymember)]: Well, not making the plan by the manufacturers, that's not voluntary. They wanna sell these batteries that are going into e bikes and e scooters. They have to have a plan. The plan will be submitted to DEC which will post it presumably not just a list of the manufacturers that have already done the plan, but also a link to what the plan is. And retailers can decide if they want to be part of the program of receiving, they can it's voluntary so they make a choice. They say it would be good business for me to take these and I will have the materials because it will come with the first shipment of batteries. Right. And I would think that they would have because it's a limit of up to five that they have to take, so it's not like somebody is wheeling in a dumpster.

[Michael J. Durso (Assemblymember)]: That's per day though. Correct, ma'am? Five batteries per day?

[Deborah J. Glick (Assemblymember)]: And they have to have a plan for picking them up by the manufacturer. And there's already an existing two recycle rechargeable battery program. So there's they're probably already receiving some other types of batteries like Sure. What is in my electric drill or a weed whacker or something else?

[Michael J. Durso (Assemblymember)]: So that just to excuse me, ma'am. Just to drill down on that. So if I said if I'm a store and I sell, like you said, electric drills, a weed whacker, anything that use a rechargeable battery, including a ebike or scooter, I don't have to take in the batteries. It's voluntary.

[Deborah J. Glick (Assemblymember)]: Right.

[Michael J. Durso (Assemblymember)]: So in your estimation, you're saying some stores may want to take them in because it would be good for their business, but there is no business that sells any of these products that is going to be forced to take them in. It's not a requirement. You have you can you do not have to take them in even if you sell the product. Correct?

[Deborah J. Glick (Assemblymember)]: Only regarding e bikes and e scooter because there's an existing rechargeable battery recycling plan. And in that, I believe they do have to take back.

[Michael J. Durso (Assemblymember)]: So it's not optional. It's so what you're saying the optional is for the other rechargeable batteries?

[Deborah J. Glick (Assemblymember)]: It is voluntary for e bikes and e scooters.

[Michael J. Durso (Assemblymember)]: So then that's where my confusion is, ma'am, and I apologize. You just said if they sell them, you have to take them in, but now you're saying it's voluntary. Only

[Deborah J. Glick (Assemblymember)]: only only e bikes and e scooter batteries.

[Michael J. Durso (Assemblymember)]: Correct. So just to clarify, if I sell e bikes and e scooters, I have to take in those batteries. Correct?

[Deborah J. Glick (Assemblymember)]: No. I I What batteries? I cannot make it clearer. You You can. If you want you're a hardware store, you're a big box store, you decide you want to be a part of ebike and e scooter recycling, you choose to be a part of

[Michael J. Durso (Assemblymember)]: it. Okay. What's the other side of that? You're saying

[Deborah J. Glick (Assemblymember)]: they confuse you. I'm just leaving it It's at voluntary for ebike and e scooter rechargeable batteries.

[Michael J. Durso (Assemblymember)]: Got it.

[Crystal D. Peoples-Stokes (Majority Leader)]: Full stop.

[Michael J. Durso (Assemblymember)]: Isn't what is not voluntary? Which part?

[Deborah J. Glick (Assemblymember)]: Not the part of this bill that has that's not the subject of the bill. The subject of the bill is e bikes and e scooters.

[Michael J. Durso (Assemblymember)]: All e bike and e scooter batteries, it is completely voluntary to take those batteries in.

[Deborah J. Glick (Assemblymember)]: You got it.

[Michael J. Durso (Assemblymember)]: Perfect.

[Crystal D. Peoples-Stokes (Majority Leader)]: A lot of work.

[Michael J. Durso (Assemblymember)]: It's it's not a lot of work. I mean, if the bill was written correctly, you would you know, you'd be able to read it better. But I would write it confusing also if I were you. So what do we have any idea what the FDNY or since it's a statewide bill, what all the other volunteer fire departments and everybody else feels about this bill?

[Deborah J. Glick (Assemblymember)]: We heard nothing of from other we didn't actually even hear from the firefighters on this.

[Michael J. Durso (Assemblymember)]: But we asked them.

[Deborah J. Glick (Assemblymember)]: Well, they were definitely aware of the fact that there was a chapter amendment coming, and the chapter amendment was printed at the beginning of the year. They've had a month to say something.

[Michael J. Durso (Assemblymember)]: The original bill in chief, though?

[Deborah J. Glick (Assemblymember)]: We're not

[Michael J. Durso (Assemblymember)]: Okay. So we're not understood. Got it. So really the the the way I look at this is the bill didn't change really when it comes to collection of ebike barriers when it comes to residential. I mean, we're we're trying to knock it down a little bit, but it really hasn't changed. They could still collect them if a store is part of residential property. Correct?

[Deborah J. Glick (Assemblymember)]: Well, yes. But there would be a consultation and there is dual authority with in the city of New York, there is dual authority with the city.

[Michael J. Durso (Assemblymember)]: But what about the rest of the state?

[Deborah J. Glick (Assemblymember)]: I just said that within the city.

[Michael J. Durso (Assemblymember)]: So we're only concerned about the city?

[Deborah J. Glick (Assemblymember)]: No. But the city has a not just the FDNY, but it has an office of fire prevention and control as part of the FDNY and it is they can provide input. Now, we've said this many times that the Same thing. That all of this has to conform to, you know, whether it's the local building code or fire code, that would be a part of it. But the reality is because I've had a number of fires in my district, it is not when the battery is basically sitting there, it's when it's charging. And when people do foolish things like charge it in an extension cord or have a power bar where they are trying to charge four or five of these things. That's when we have seen fires. And the fires are terrible and we don't want to have them and that's why the program is A, voluntary B, overseen by a plan that is produced by the manufacturers who would have the most understanding of the battery and any problems that might arise. They provide information for the safe handling and storage. They're required to provide a storage container. Presumably most stores would be happy to have that provided to them some of them may already have something that they think is sufficient and are comfortable with. But the program on the part of retailers is voluntary. Now there may be some stores that may say, you know, I'd like to be part of it, but, you know, I the landlord has prohibited. That would be okay. Okay.

[Michael J. Durso (Assemblymember)]: So and your concern, like you'd said, is the the numerous amounts of fires that you have had, they're mostly from them being charged, not from storing them, not from defective batteries, anything like that. So, like, when they're charging them in a store that sells them. Right? That's usually when a fire could happen?

[Deborah J. Glick (Assemblymember)]: Well, I my understanding is that most of these fires have occurred when people are charging and there's a lot of household equipment that you shouldn't put into an extension cord. If you have an extension cord, there are different ratings, gauges on extension cords. You should not be putting a powerful battery charger or you wouldn't want to have your refrigerator running off of a thin little extension cord. That is a recipe for a mistake So and a I'm just saying that the same common sense should prevail but doesn't always. But if you are a retailer and you're charging a battery for somebody, I'm sure you understand that that should be directly into the wall socket Understood. And not in Miss Click. A flimsy extension.

[Michael J. Durso (Assemblymember)]: Is there gonna be any cost involved when it comes to the DC, FDNY, Office of Fire Prevention that they're gonna have to incur to develop these plans?

[Deborah J. Glick (Assemblymember)]: Well, the plans are developed by the manufacturer.

[Michael J. Durso (Assemblymember)]: Well, they're still is gonna have to so then why are they talking with the DEC, FDNY, Office of Fire Prevention?

[Deborah J. Glick (Assemblymember)]: Well, you know, my feeling is that the folks who are at the FDNY asked for input would be happy to. They have people who are already on the payroll. This isn't gonna cost them somebody else. So they have somebody who would let you know, who they who offers an opinion. In the same way that when we have bills and we ask the DMV for their opinion, they provide their opinion.

[Michael J. Durso (Assemblymember)]: It doesn't So what's the FDNY's opinion and the Office of Fire Prevention's opinion on this current bill? Because we would ask them. You just said that. They

[Deborah J. Glick (Assemblymember)]: opine on the plan.

[Michael J. Durso (Assemblymember)]: Well, no. No. I understand that. But you said we would go to the DMV or any other department to ask them their opinion. I'm just wondering when you went to the FDNY or the Office of Fire Prevention, what was their opinion on this bill?

[Deborah J. Glick (Assemblymember)]: We didn't have a memo in opposition to the bill in chief.

[Acting Speaker (Presiding Officer)]: Thank you.

[Michael J. Durso (Assemblymember)]: Thank you, miss Blake.

[Acting Speaker (Presiding Officer)]: Read the last section.

[Reading Clerk]: This action will take effect immediately.

[Acting Speaker (Presiding Officer)]: A party vote has been requested. Mister Gandolfo.

[Jarett Gandolfo (Assemblymember)]: Thank you, madam speaker. The Republican conference will generally be opposed to this bill. However, any members in the chamber may vote yes at their desk if they so please.

[Acting Speaker (Presiding Officer)]: You. Miss People Stokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you, madam speaker. The majority conference is gonna be in favor of these pieces of legislation. However, there may be a few that would desire to be an exception. They should feel free to do so at their seats.

[Acting Speaker (Presiding Officer)]: The clerk will record the vote. Are there any other votes? And that's the results.

[Reading Clerk]: Ayes, 99. Nose, 42.

[Acting Speaker (Presiding Officer)]: The bill is passed. Miss Peoples Stokes?

[Crystal D. Peoples-Stokes (Majority Leader)]: Madam speaker, Ways and Means has completed their work. Could the rules committee be please called to the Speaker's Conference Room?

[Acting Speaker (Presiding Officer)]: Rules committee to the Speaker's Conference Room, please. Rules committee members to the Speaker's Conference Room.

[Crystal D. Peoples-Stokes (Majority Leader)]: And as I stand, madam speaker, if I could please provide for an introduction to some guests that are in the chambers. First, I'm gonna start with, Adam Perry. He is one of the top, I would say litigators in the entire state. He is joined by two other friends, Danielle Holmes and Patricia Herr. These are really great outstanding citizens in the state of New York. They do a lot of great work around multiple issues. And I would ask that you would please allow them the cordialities of the floor and welcome them to our house.

[Acting Speaker (Presiding Officer)]: On behalf of Ms. Peoples Stokes, the speaker, and all members, welcome to you our distinguished guests to the Assembly Chamber. We extend the privileges of the floor to you. We hope you enjoy our proceedings today. Thank you so very much for joining us. Page four, rules report 55. Clerk will read.

[Reading Clerk (later session)]: Assembly number ninety five zero eight. Rules report number 55. Mister Wepprin, enact to amend the insurance law.

[Acting Speaker (Presiding Officer)]: A motion by mister Wepprin, the senate bills before the house. The senate bill is advanced, and explanation has been requested. Mister Wepren?

[David I. Weprin (Assemblymember)]: Thank you, madam speaker. This bill provides amendments to chapter six ninety six of the laws of 2025 relating to insurance coverage for peer to peer car sharing programs. This legislation is a technical chapter amendment that clarifies what was already the intent of the underlying bill by more clearly stating the parties involved in a peer to peer car sharing transaction. The bill clarifies that the insurance coverage provided by peer to peer car sharing programs provide coverage for the shared vehicle owners, shared vehicle drivers, or a combination of both and that that coverage applies in connection with the sharing of the shared vehicle.

[Acting Speaker (Presiding Officer)]: Mister Gandolfo?

[Jarett Gandolfo (Assemblymember)]: Thank you, madam speaker. Please yield for

[Acting Speaker (Presiding Officer)]: a Will the few sponsor yield? Yes, I will. The sponsor yields.

[Jarett Gandolfo (Assemblymember)]: Thank you. I do appreciate that and thank you for the explanation. So, my understanding is that the bill is clarifying language. Now, is this change allowing peer to peer car sharing company to offer supplemental coverage in addition to the minimums that we adjusted in the bill in chief?

[David I. Weprin (Assemblymember)]: Yes, it does.

[Jarett Gandolfo (Assemblymember)]: And that would be offered to the individual renting through the service, the owner or both?

[David I. Weprin (Assemblymember)]: I guess

[Jarett Gandolfo (Assemblymember)]: both. Okay. And is this again, my understanding of how this would work, would this essentially allow, let's say, Turo to act as an agent for an insurance carrier during the checkout in the app, would you like to add additional coverage to your rental? Is that how this is going to work? Yes. Okay. So, then on the other end, I guess it would also offer that same supplemental coverage to the owner of the vehicle that they're offering on the app? Yes, as well. Okay. Now, know and this does nothing with the underlying limits we lowered it to, was it 75,000 was the minimum coverage in the original bill?

[David I. Weprin (Assemblymember)]: In the original bill, yes. But this is three time it allows for three times the mandates three times the

[Jarett Gandolfo (Assemblymember)]: coverage. Okay. So, now I know an issue that was raised in the debate on the bill in chief was, the potential that we were reducing the coverage level, to a place that might not have protected all involved in a, in an accident, especially a catastrophic accident. So, I guess what I'm asking, your amendment addresses that in an optional way where someone using the app on either end would be encouraged to get greater level of insurance.

[David I. Weprin (Assemblymember)]: That's correct. Okay. Those are

[Jarett Gandolfo (Assemblymember)]: all the questions I have. Madam speaker, on the bill,

[Acting Speaker (Presiding Officer)]: On the bill.

[Jarett Gandolfo (Assemblymember)]: Thank you, Madam Speaker. In the original debate on this bill, a lot of concern was raised over whether or not lowering the insurance minimums would sufficiently protect all the parties involved or a third party who might have been harmed in an accident. But as many of us thought who voted for the bill, it would also lower a barrier for doing business in New York State as the minimum coverage was substantially higher than it was in other states. Now, by allowing the app, and I think there's only one operator who offers this kind of service, is Turo. This would allow them to offer that supplemental coverage to better protect both the owner of the vehicle, the renter and the driver of the vehicle, and any third parties who might be involved in an accident, especially a catastrophic accident. So, with that in mind, I do believe that this is an amendment that does address some of the concerns raised, especially by our conference here. And I will be supporting this amendment as it does allow for greater insurance coverage to protect everyone involved in the transaction. So thank you, madam speaker, and that's all I have.

[Acting Speaker (Presiding Officer)]: Read the last section.

[Reading Clerk (later session)]: This act shall take effect on the one hundred and eightieth day.

[Acting Speaker (Presiding Officer)]: A party vote has been requested. Miss Walsh.

[Mary Beth Walsh (Assemblymember)]: Thank you, madam speaker. The minority conference will be generally in the negative on this piece of legislation. But if there are members who wish to vote yes, now would be the time to do so at their seats. Thank you.

[Acting Speaker (Presiding Officer)]: Thank you. Miss Peoples Stokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you, madam speaker. The majority the conference is going to be in favor of this piece of legislation. However, there may be a few that would like to be an exception. They should feel free to do so at their seats.

[Acting Speaker (Presiding Officer)]: Thank you. The clerk will record the vote. Are there any other votes? Announce the results.

[Reading Clerk (later session)]: Ayes, one zero four. Nays, 38.

[Acting Speaker (Presiding Officer)]: The bill is passed. Page five, rules report 67. Clerk will read.

[Reading Clerk (later session)]: Bill number ninety four ninety seven, report 67, mister Levine, an act to amend the estate's powers and trust law.

[Acting Speaker (Presiding Officer)]: On a motion by mister Levine, the senate bill is before the house. The senate bill is advanced, and explanation has been requested, mister Levine.

[Charles D. Lavine (Assemblymember)]: So, miss Walsh, my friend, as I recall, you weren't too crazy about this bill last year. And I think my recollection's correct. So it has undergone some changes, And I think some of the changes may be satisfactory to you, but I'm not sure all. So this chapter amendment clarifies that certain aspects of our New York electronics will framework will change because there's a better definition of communication technology for the purposes of remote execution and witnessing. It expands and conforms requirements to ensure the valid execution of electronic wills, and it directs the chief administrator of the courts to adopt rules necessary to administer electronic wills under the EPTL, the estate's powers and trust law. The amendment would also revise the effective date, changing it from the five hundred fortieth day after enactment to two years. Now with specific provisions of the bill, the bill adds a definition for, quote, unquote, communications technology and replaces the phrase by, quote, by electronic means, unquote, to eliminate ambiguities within the definition section and with terminology used throughout the language of the statute. It makes clarifying changes to the, quote, caution to the testator, unquote, section to clarify the rights of the testators within the provision. It enhances fraud protection for testators. In discussions with the advocates, concerns were raised that protections for testators were not robust enough. Thank you, mister Berger. Language was added to more fully flesh out the technical protections to testators opting to utilize an electronic bill, including an electronic will has to be made and kept on a system, on a platform that lets someone later reviewing it confidently verify that the testator actually signed it. The technology has to clearly show that the version signed by the testator is the same electronic record that the witnesses attested to. No version, confusing, or swapping. The system must must capture and reveal any changes made after the test date are signed, including additions, deletions, or other edits. So post signing tampering is detectable, and that's doable these days. The electronic will must include an audit trail data. For example, time stamps, access logs, and modification history to document how and when the record was created, stored, and altered. These changes will be embedded within the metadata of the electronic document and will be fully auditable. And it extends the effective date again from May to two years to give the chief administrator of the courts sufficient time and opportunity to engage in rulemaking and to establish the appropriate infrastructure to support statewide implementation. And that's what I've got to say.

[Acting Speaker (Presiding Officer)]: Miss Walsh?

[Mary Beth Walsh (Assemblymember)]: Thank you, madam speaker. Will the sponsor yield?

[Acting Speaker (Presiding Officer)]: Will the sponsor yield?

[Charles D. Lavine (Assemblymember)]: Of course.

[Acting Speaker (Presiding Officer)]: Sponsor yields. Thank you

[Mary Beth Walsh (Assemblymember)]: for that very thorough explanation of the chapter. I do have a few questions to just clarify your clarifications. So first and I I I think we know the answer to this, but I'm gonna ask it anyway. This legislation, both the original bill and the chapter, only has to do with wills. Correct? It doesn't apply to health care proxies, living wills, or powers of attorney. Correct?

[Charles D. Lavine (Assemblymember)]: It's just wills.

[Mary Beth Walsh (Assemblymember)]: Okay. Very good. And so I you mentioned a couple of key sections in the chapter. I wanted to focus on them, but also I wanted to direct your attention specifically to a change that was made at a couple of different places in in the in the chapter that talks about let me just get it.

[Charles D. Lavine (Assemblymember)]: If you have a page and a line, that will help those of us following along along at home.

[Mary Beth Walsh (Assemblymember)]: Yes, sir. I certainly do. So if you looked at page three of the chapter amendment, starting at line 33, we have language struck that says, in the physical or electronic presence, and it's replaced by the words at the request, and goes on to say of the testator. So what's the significance? Why was that change made, if you know? And what's the significance of doing that?

[Charles D. Lavine (Assemblymember)]: I don't think there is a great significance. Key factor is, is this done at the request of the testator?

[Mary Beth Walsh (Assemblymember)]: Okay. The reason I was curious about it is that as we discussed at length during the original debate, we kind of set the scene for how this might look. And let's just say it would be a Zoom. You're going to have the testator. In one box, you're gonna have possibly two separate boxes filled by the two witnesses. You're gonna have the attorney maybe in a fourth box. You're gonna have a notary in maybe the fifth box. And, you know, you've got this we we're all very, unfortunately, very familiar with the Zoom process having been through the pandemic together as a group. So what I'm curious about is by striking out the words in the physical or electronic presence, that doesn't in any way signify that these attesting witnesses are going to be able to say review the will signing the the video of the will signing later at some later time and then attest, they still have to be present electronically and witness the signature. Correct? I just wanna make sure that that's the case.

[Charles D. Lavine (Assemblymember)]: It was a very lengthy question, but that was a compound question.

[Mary Beth Walsh (Assemblymember)]: It was not a short question.

[Charles D. Lavine (Assemblymember)]: Not an infinitely compound question.

[Crystal D. Peoples-Stokes (Majority Leader)]: But I

[Charles D. Lavine (Assemblymember)]: think the answer may be on page three at line number 30, which requires that it must be declared by the testator to each of the attending witnesses in their physical or electronic presence that the instrument the testator has signed is the testator's will.

[Mary Beth Walsh (Assemblymember)]: So they will be there electronically or in the physical presence of the testator. It might happen. But they will be there. It's not like they're gonna be watching it later and doing it. So that satisfies me. Thank you, and I apologize for the compound question. So you mentioned during your explanation of the chapter amendment the use of the term contemporaneous, I believe, I or I will. The so I'm gonna refer you to page four of the chapter amendment at line 32, and it talks about contemporaneously executed affidavits. I just want to assure myself and ourselves that contemporaneously to me means at or around the same time. And so that will mean that the attesting witnesses will at some point get the attesting form that they're to sign and then somehow it's going get put back together again at the end? Or could you talk me through how that's going to exactly work out, the contemporaneously language?

[Charles D. Lavine (Assemblymember)]: Well, part of this will depend on the rules and regulations set by the office of court administration. And the bill itself does not focus on the the nitty gritty of how how this electronic vehicle is to be performed or perfected. And let me just let me simply say this. I understand very well the caution that some may have, and that's a good a good thing. But this is part and parcel of our modern world, And anything we can do to make it easier for people to execute wills, that's for the betterment of all of us. It keeps probate matters, intestacy matters out of the courts. And it helps to secure that those who are and this is all of us who are facing an end to this wonderful proposition of life play a role in making sure that those closest to us are most protected. I think I had mentioned to you last year in the debate maybe I didn't but someone very, very close to me who I always assumed had a will turned out not to have a will. And that worked to the detriment of his children. And his children are in my family.

[Mary Beth Walsh (Assemblymember)]: You know, you did mention it, I believe, last last time when we debated it, and I I appreciate that. I also shared with you last year no need to go back into it again. I think I think, generally speaking, if you can have a will, it's a smart idea. I think what this debate really is about and any concerns that I'm raising really just have to be making sure that we have all the appropriate guardrails up to ensure that there is that it's going to go I know, that it's going to go smoothly

[Deborah J. Glick (Assemblymember)]: That's okay.

[Mary Beth Walsh (Assemblymember)]: And that that we we can make sure that there isn't any fraud or any any kind of problem like that. You mentioned, and I appreciate, that you said that it there are portions of the chapter amendment that are have been put in there to reduce fraud regarding the testator. And I did like the part of the bill, the chapter amendment that talked about let's see, that'd be page three starting at around line 39, talking about the the way that the electronic will it must be created and stored. I like the addition of that language as far as the audit trail data and just I find that good. That is there anything, though, that was added in the chapter amendment? Because I don't think I saw it having to do with the the issues regarding storage of the the electronic record. And I believe that there were some questions that were raised maybe last time about that. Did that change at all?

[Charles D. Lavine (Assemblymember)]: And that's a good that's a very good question. But we're going to have to look to the courts to tell us, Not just to tell us, we're going have to look to the courts to do the research to make sure that we have the appropriate platforms available. And that's the only way we can do it, because in the end, it's going to be up to up to the court system to be able to pro provide a a an electronic home for these documents.

[Mary Beth Walsh (Assemblymember)]: So the chief administrative judge, as you mentioned in your explanation, will promulgate regulations. Those will not come back to this body for any kind of review or approval. There we've where this legislation empowers the chief judge chief administrative judge to formulate this policy and to implement it. Correct?

[Charles D. Lavine (Assemblymember)]: I know we're sometimes faulted for delegating authority to nonlegislative bodies, but I do do think that in this case in this situation, that is the most viable approach.

[Mary Beth Walsh (Assemblymember)]: Is that part of the reason why the effective date was changed from one and a half years to two years to afford additional time for implementation?

[Charles D. Lavine (Assemblymember)]: I can only offer an assumption, and that's my assumption.

[Crystal D. Peoples-Stokes (Majority Leader)]: Okay.

[Mary Beth Walsh (Assemblymember)]: Alright. Those are my questions. Mr. Levine, thank you so much.

[Charles D. Lavine (Assemblymember)]: You, Ms.

[Mary Beth Walsh (Assemblymember)]: Speaker, on

[Deborah J. Glick (Assemblymember)]: the bill.

[Acting Speaker (Presiding Officer)]: On the bill.

[Mary Beth Walsh (Assemblymember)]: So the chapter amendment in my view aside from the portions that I just covered really doesn't change the essential idea of doing an electronic will from the original legislation. It really doesn't change too much. There's some additional definition sections, things like that, but it's basically the same thing. So on the original bill we had I think 41 no votes. So if you really didn't like it last time, you might not like it again this time. You probably won't. I will share with the group that it wasn't a will that I was signing, but I did last year do the kind of I had to have some documents signed and it was done with a virtual notary. And I was thinking about this legislation and the prior debate and everything and I was kind of interested to see how it would go. And I am by no means a Luddite, but the technology part of it was trickier than you would think. It was not super easy. I had actually an easier time than other people who were involved in that process. Who couldn't find a tablet that would work or a laptop that they could download the software on. I mean we've all been there, but for something that's really important like this, it did kind of give me some pause that, you know, I think that when you think about a testator that is in their 30s or 20s, I mean my kids probably could have navigated it really easily. For older individuals, and I'm not being ageist, I'm just saying I throw myself right in that category, some people are going to have a more difficult time with this. So, but I also understand that this hopefully will not replace in person will signings but will just present a different option. I sincerely hope that attorneys in private practice will still offer that personal visit and ceremony with an individual making out their will because I think it is a really important time when even in this world of technology, what is more important than letting people know what your wishes are after your death? I mean it's not only financially important, it's important in terms of your family dynamics and a whole host of reasons. So while I do think that having a will is important, still struggle with the idea that this process is going to be great. Excuse me. So I think I'm, I don't know what I'm going to do in terms of supporting this bill or not. I do still have some concerns about it. I don't think the chapter really addresses all the concerns that I did have originally. So I'm probably going to remain in the negative. But I appreciate the sponsors' answers to the questions that I asked, and thank you very much, madam speaker.

[Acting Speaker (Presiding Officer)]: Miss people, Stokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you, madam speaker. I do just have one question for the sponsor.

[Acting Speaker (Presiding Officer)]: Will the sponsor yield?

[Charles D. Lavine (Assemblymember)]: Of course.

[Acting Speaker (Presiding Officer)]: Sponsor yields?

[Crystal D. Peoples-Stokes (Majority Leader)]: I am not an attorney, but I am a member of the state assembly who has helped the constituents in my district, probably about a thousand or 1,500 or so over the last five years, get access to wills by organizing neighborhood legal services, legal services to the elderly, and other attorneys who would use pro bono service to provide this. So my question is is could any of those 1,500 constituents have done this on their own electronically?

[Charles D. Lavine (Assemblymember)]: That is really a good question. I am not sure. I'm let's put it this way. It's it's possible. I haven't I haven't researched that, but I I still think and I am a lawyer, all although I had some clients who didn't think I was a lawyer. But I think it's very helpful to have a lawyer, an actual lawyer, in charge of this process.

[Crystal D. Peoples-Stokes (Majority Leader)]: Okay. So in other words thank you for that response. I appreciate it. On on the bill.

[Acting Speaker (Presiding Officer)]: On the bill.

[Crystal D. Peoples-Stokes (Majority Leader)]: Speaker. So we actually started doing organizing these pro bono opportunities for attorneys to help our constituencies get access to wills because when people don't prepare, the property just sits. And after a long time, if it's not there's nothing done with it, it eventually needs to be demolished. It becomes blight in communities. And our constituency begin to understand the value of making a plan for what will happen to whatever assets you have. And so if this process of electronic wheels will help facilitate that process quicker and maybe even get more pro bono return lease so that we can serve more people who need access to wills, then I I actually think it's a great idea. Honestly, I've been in other places around the country where you could see dilapidated communities because of the same thing, that people did not plan on what was gonna happen to whatever assets they had before they transitioned. And it's it's just makes sense to be prepared. And if this process can help prepare more people, then I think it's a great idea. And I wanna commend the sponsor for introducing it, and thank the governor for adding the change to it that makes it tolerable to folks.

[Acting Speaker (Presiding Officer)]: Thank you. Read the last section.

[Reading Clerk]: This action will take effect immediately.

[Acting Speaker (Presiding Officer)]: A party vote has been requested. Ms. Walsh.

[Mary Beth Walsh (Assemblymember)]: Thank you, Madam Speaker. The minority conference will generally be in the negative on this piece of legislation. But if there are members who wish to support it, now would be the appropriate time. Thank you.

[Acting Speaker (Presiding Officer)]: Thank you. Miss Peoplestokes?

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you, madam speaker. I'm Jordy Camfus will be in favor of this piece of legislation.

[Acting Speaker (Presiding Officer)]: The clerk will record the vote. Are there any other votes? Announce the results.

[Reading Clerk]: Ayes, one zero eight. Noes, 36.

[Acting Speaker (Presiding Officer)]: The bill is passed. Miss Peoples Stokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Madam speaker, members have on the desk an a calendar. I would like to move to advance that a calendar.

[Acting Speaker (Presiding Officer)]: On a motion by miss People Stokes, the a calendar is advanced, miss People Stokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Thank you very much. Thank you very much. Do you have any further housekeeping or resolutions?

[Acting Speaker (Presiding Officer)]: We have no housekeeping. We do have a number of resolutions before the house. Without objection, these resolutions will be taken up together on the resolutions. All those in favor signify by saying aye. Opposed, no. The resolutions are adopted. Miss Peoplestokes? Miss Walsh.

[Mary Beth Walsh (Assemblymember)]: Thank you, madam speaker. Would you please call upon mister Smullen for an announcement?

[Acting Speaker (Presiding Officer)]: Mister Smullen, for the purpose of an announcement.

[Robert Smullen (Assemblymember)]: Oh, thank you, madam speaker. I'd like to announce that there will be an immediate republic an conference in the parlor upon conclusion of session. Thank you.

[Acting Speaker (Presiding Officer)]: Immediate minority conference in the assembly parlor at the adjournment of session. Miss People Stokes.

[Crystal D. Peoples-Stokes (Majority Leader)]: Madam speaker, I now move that the assembly stand adjourned and that we reconvene at 10:30AM, Wednesday, February 11. Tomorrow will be in a session day.

[Acting Speaker (Presiding Officer)]: On miss Peoples Stokes' motion, the house stands adjourned.