New York State SmartTranscripts:

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

[Presiding Officer (Madam Speaker, unidentified)]: The house will come to order. Good afternoon, colleagues and guests. In the absence of clergy, us pause for a moment of silence. Visitors invited to join members in the pledge of allegiance. A quorum being present, the clerk will read the journal of Tuesday, February 24. Miss Peoples Stokes.

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: That is okay. I move to dispense with the further reading of the journals for Tuesday, February 24, not the same standard proof.

[Presiding Officer (Madam Speaker, unidentified)]: Without objection, so order.

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Thank you, ma'am. To guests that are in the chambers as well as our colleagues, it's good to see a lot of you back. I know you've been in those hearings doing the good work for us. But we do have a quote that we like to share. This one is coming from Nelson Mandela. Most of you have heard that name. He was the South African anti apartheid activist and a statesman who was the first president of South Africa from 1994 to 1999. His words for us today. A winner is a dreamer who never gives up. Winner is a dreamer who never gives up. Again, these words by former president Nelson Mandela. Madam speaker and colleagues have on their desk a main calendar. And before any housekeeping or introductions, we're gonna be calling for the following committees to meet off the floor. We're gonna start with higher ed, then we're gonna go to ways and means followed by rules. These committees are going to produce an a calendar. It's gonna contain some concurrent resolutions for the purpose of electing two regents, and it will we're gonna take up those resolutions today. Gonna begin our work on the floor by taking up resolutions on page three, and then we're going to take up the following bill on debate. Rules report number 72 by mister Laster. There may be a need for additional floor activity, madam speaker, during the course of our work today, but if so, we'll be pleased to let you know at that point. I can assure folks that there will be a need for majority conference at the end of work today on the floor. And as we always do, Madam Speaker, we will confer with our colleagues. As a general outline of where we are going today, if you could please begin by calling the Higher Ed Committee to the Speaker's Conference Room. Thank you.

[Presiding Officer (Madam Speaker, unidentified)]: Thank you. Higher Ed Committee meeting in the Speaker's Conference Room. Higher Ed Committee members, please see Chair Heinemann in the Speaker's Conference Room. We have no housekeeping but a few introductions. We'll start with Mr. Palmisano for the purpose of an introduction.

[Philip A. Palmesano (Member of Assembly)]: Good afternoon, madam speaker. Thank you for allowing me to interrupt the proceedings for an introduction. Joining us in the chamber today are four special guests. First, Dawn Burlou. Dawn is the president of Watkins Glen International Racetrack in Watkins Glen, New York in my district. Also joining her from WGI is Michelle Benjamin and Fiona Krenzer. And also joining them today is Dan Klinetsky with NASCAR. Watkins Glen is a world class racetrack that hosts national racing events such as the IMSA WeatherTech sports car championship, NASCAR Infinity, NASCAR Cup race series, among other things. That there was an economic study done back in 2014 that had economic impact to the state of over $2.00 $4,000,000 including $40,000,000 in tax revenue and that's back then. This continues to grow each and every year. The annual attendance for this weekend is 100,000 people. We're also here to promote motor sports in the state of New York. We have more than 20 venues in the state of New York. They're here tonight also. We're having a motor sports working group reception where they will be at, we' have track presidents from around the state who will be here to again to promote motor sports here in New York State and I' really proud to represent Watkins Glen international, just a true driver for economic ingenuity, tourism, and economic development as all these other motorsports events and venues are. So, we want to get some celebration around this and work through this as a bipartisan fashion to kind of help see what we can do to support motor sports in New York state and tonight at six if you' free in the Albany Room we' have that gathering and will be a brief presentation so we' love to have you all come out and be part of this coalition to promote motor sports in New York state But Madam Speaker, you could just welcome our guests here on the floor today, we'd really appreciate it.

[Presiding Officer (Madam Speaker, unidentified)]: On behalf of Mr. Palmisano, the speaker, and all members, we welcome our distinguished guests from Walk Ins Glen International Racetrack and also NASCAR. We extend the privileges of the floor to you and hope you enjoy our proceedings today. Good luck to you on all the events you're hosting and networking that you have today. Thank you so very much for joining us. Miss People Stokes, for the purpose of an introduction.

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Madam speaker, on behalf of our colleague, Harry Bronson, I'd like to introduce to our floor, empowering people's independence. It is actually headquartered in Rochester. This organization is a group of angels who work with some of our most vulnerable population who just need good treatment and great love. Empowering people's independence provides progressive tailored care solutions to people with epilepsy, developmental disabilities, and brain injuries. It's headquartered in Rochester as I mentioned, but it has offices in Syracuse and Binghamton as well. EPI provides comprehensive services in the Finger Lakes, Southern Tier, and Central New York regions of the state. EPI's epilepsy programs includes seizure recognition and first aid training and other epilepsy education, individual and family support, advocacy, and it's the only summer camp for kids with epilepsy in the entire state of New York. Madam speaker, would you please welcome these stellar citizens to our chambers and offer them the cordialities of our floor.

[Presiding Officer (Madam Speaker, unidentified)]: Of course, on behalf of Ms. People Stokes, Member Bronson, the Speaker, and all members, we welcome our special guests from Rochester today from Empowering People's Independence. And thank you for all of the wonderful work you do for folks in our community and several of our communities, giving them ability to have independence. So, you so very much for that. We extend the privileges of the floor to you. Hope you enjoy our proceedings today. Thank you so very much for joining us. Resolutions page three, clerk will read.

[Assembly Reading Clerk (unidentified)]: Assembly number nine sixty one, mister Alvarez. Legislative resolution memorializing governor Kathy Hochul to proclaim February 2026 as Dominican heritage month in the state of New York.

[Presiding Officer (Madam Speaker, unidentified)]: Miss Tapia on the resolution.

[Yudelka Tapia (Member of Assembly)]: Thank you, madam speaker. After years of organizing and surviving in 1991, Dominicans began to acquire a visible political presence in New York City politics with the election of Gujurre Molinares to the city council. During the nineteen nineties and up to 2010, our visibility increased as more Dominican Americans were elected to sit in the New York City Council in New York State Assembly, and the New York State Senate. And in 2016, we elected our first representative to to the congress of the United States, Adriano Espaya. The state of Maryland, Pennsylvania, and Massachusetts had also seen Dominicans elected. Too many political positions. And there have been Dominican city mayors in the state of Rhode Island and New Jersey. In New York City, at every place we live, we Dominicans are widely represented among small business owners in Washington Heights, Inwood, and The Bronx. Stores owned and operated by Dominicans stand out as one of the most significant economic phenomenon in the area. They represent an economic engine for the city of New York and The Dominican Republic with thousands of bodegas, supermarkets, beauty salons, barber shops, taxi bases, restaurants, daycares, street vendors, among others contribution contributing billions of dollars annually to The US and Dominican Republic. We we eat mango, rice and beans, and sankocho. We allow dance merengue I bachata. More than 200,000 of our children attend the public schools system, and 10% of the enrolled in higher education are Dominicans. We are good, passionate people with creativity that work hard and like progress. We have planted our feet in this country knowing that we believe in the American dream and are getting getting it through the daily struggles and being an example is a testament of who we are as a community. Today, we celebrate that one hundred eighty two years ago, our half island was named the Dominican Republic. Free and independent of foreign counties. Thanks to founders Juan Pablo Duarte, Francisco Sanchez, and Meija, today we celebrate with all of our brothers and sisters this great field of pride. With more than 2,000,000 Dominicans in The US and more than 1,000,000 of those in the state of New York, with a major concentration in the Bronx, yes, Boogie Down Bronx, Dominicans have greatly contributed to the fabric of the city Of New York and have become a force to be reckoned with.

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: While

[Yudelka Tapia (Member of Assembly)]: many Dominican civic groups began to form in the 1960, during the nineteen eighties, church organizations and social welfare groups sprung up to meet the needs of this growing community. Many Dominican voluntary associations, cultural clubs, and community based organizations emerged during these decades, most notably in the Washington Heights Inwoods neighborhoods of New York City. Now I wanna say something in Spanish. Thank you, madam speaker.

[Presiding Officer (Madam Speaker, unidentified)]: Thank you. Mister Della Santos on the resolution.

[Manny De Los Santos (Member of Assembly)]: Thank you. Thank you, madam speaker, for the opportunity to speak on this important resolution. Today, we gather to celebrate the courage, sacrifice, strength, and unwavering spirit of the hero who gave us our freedom. On 02/27/1844, patriots like Juan Paulo Duarte, Francisco de Rosario Sanchez, Ramon Matias Meillas stood bravely for freedom and gave birth to our beautiful nation, the Dominican Republic. Their vision was simple, but powerful. A free, independent, and united country. Today we honor their sacrifice by celebrating our rich identity, resilient spirit, and deep love for the motherland. May we continue to build a nation that makes them proud, strong in faith, united in purpose, and hopeful for the future. As one of the founding fathers once said, let us work for and with our homeland that is work for our children and for our self. Thank you, madam speaker.

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

[Assembly Reading Clerk (unidentified)]: Assembly number nine seventy nine, miss Rosenthal, legislative resolution memorializing governor Kathy Hochul to proclaim February 2026 as spay neuter awareness month in the state of New York.

[Presiding Officer (Madam Speaker, unidentified)]: On the resolution, all those in favor signify by saying aye. Opposed, no. The resolution is adopted. Page four, rules report 72. Clerk will read.

[Assembly Reading Clerk (unidentified)]: Senate eighty eight eleven, rules report 72, senator Comery, enact to amend the general business law.

[Presiding Officer (Madam Speaker, unidentified)]: Ms. Walsh?

[Mary Beth Walsh (Member of Assembly)]: Thank you, madam speaker. Would the sponsor please yield?

[Presiding Officer (Madam Speaker, unidentified)]: Will the sponsor yield? Mister Lasher, will you yield?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: Sorry. Yes.

[Presiding Officer (Madam Speaker, unidentified)]: The sponsor yields.

[Mary Beth Walsh (Member of Assembly)]: Thank you very much. So this chapter we debated the original bill back I think at the waning hours of session last So now we have a chapter amendment to go through. It makes a few changes to the original legislation. Could we please go through them? The first section I wanted to talk about was the very first part of the bill in chief, section three forty eight of the general business law is repealed by this chapter amendment, is that correct? That was around 40 lines of bill text at the beginning.

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: Sorry. The first section

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: you said?

[Mary Beth Walsh (Member of Assembly)]: Yes.

[Philip A. Palmesano (Member of Assembly)]: Yes.

[Mary Beth Walsh (Member of Assembly)]: Yes, I'm sorry, the first section, section one of the chapter amendment states line one through line five that section three forty eight of the GBL relating is repealed, Yes? Yes. Okay. Alright. I feel like we're not hearing each other. Okay, so that was repealed and what did that section include? What was taken out?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: That was legislative intent language. Yes. And it's

[Mary Beth Walsh (Member of Assembly)]: been repealed. And then the second thing that do you happen to know why the governor in her veto message said she wanted that language taken out?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: I would I am not gonna speak. I would far be it for me to speak for the governor.

[Mary Beth Walsh (Member of Assembly)]: Okay. Well, I I read the veto message and what she said was that she wanted to ensure that the bill did not quote override existing case law concerning the consumer oriented standard.

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: Well, I will speak to this legislation which this legislation should not in any way be construed to be an endorsement of the jurisprudence on the consumer oriented standard. It's my view as a member of this body that the jurisprudence related to the consumer oriented standard is not something you can find in the original statute. And so while the bill in chief aimed to make clear that the consumer oriented standard should not be applied in consumer protection actions going forward. And while this chapter amendment removes that language, in no way should this chapter amendment be construed to be an endorsement of the jurisprudence on that. Merely reverts to the status quo ante.

[Mary Beth Walsh (Member of Assembly)]: Okay. Well, that that just raised more questions for me. So if it's not it seemed as though from the approval memorandum from the governor that she said, however changes were necessary to ensure that bill does not override existing case law concerning the consumer oriented standard. So are you now saying that even though that language talking about the consumer oriented standard is isn't it just saying that we've got five decades of case law that developed a consumer oriented standard and it's not being taken out in any way?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: What what we're saying is that the statute is not explicitly overriding or clearing the decks of the jurisprudence.

[Mary Beth Walsh (Member of Assembly)]: And wasn't that if I'm remembering our debate properly, and I might not be because I think it was really pretty late when we were doing it, but wasn't wasn't that sort of one of the purposes of the original legislation was to clear the decks?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: One of one of the purposes of the original legislation was indeed to clear the decks by this chapter amendment. That will have been reversed. But again, it should by no means be construed to be an affirmative endorsement of the jurisprudence. Again, given that the very idea of the consumer oriented standard does not appear anywhere in the statute. It was, in my view, created out of whole cloth by the courts.

[Mary Beth Walsh (Member of Assembly)]: I I know you don't like it. I mean, I know that this is probably not a chapter that you're super excited about. I mean, we started, I think, last year with an original bill that was like 14 pages long and then you went to an a print where it got cut down to maybe like four pages and now you've got to deal with a chapter amendment that took more stuff out. I mean, I know you're probably not too happy about it, but I I mean, we've got fifty years of decisional case law on this issue, and I'm not saying it that the that the legislation endorses or doesn't endorse it. I'm just saying that it it we have stare decisis based on fifty years of case law and it's still there.

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: I I'm I'm only speaking to the fact that this legislation is in no way an endorsement of the consumer oriented standard which I would humbly submit is nowhere to be found in New York State law.

[Mary Beth Walsh (Member of Assembly)]: Okay. Well let's, why don't we move on then to the, now the section of the chapter amendment that talks about standing. So the chapter amendment deletes language that allows the substantial injury, I'm using air quotes, of another to be sufficient harm to confer standing under the law. For example, like a person other than the consumer. So I'll refer you specifically to page one, lines 17 to 19. What was the reason if you understand it or as you understand it for the governor insisting upon this change as a condition of her signing the legislation into law?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: Again, I'm not going to speak to the governor's intent. I would only say that in striking that language, it reverts to the status quo anti in that area as well.

[Mary Beth Walsh (Member of Assembly)]: Okay. I mean, wasn't there a concern that raised by stakeholders that the bill as it was originally written would have invited a, well, person referred to it as a free for all by permitting both private litigation and class actions?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: They were all manner of exaggerations and misstatements made in opposition to the bill.

[Mary Beth Walsh (Member of Assembly)]: Okay. So again, you don't agree with this change, but this is what it had to get done in order to get the bill passed.

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: I I'm very proud that collectively between the bill in chief and the chapter amendment, we'll be making the first significant expansion of New York State's consumer protection law in forty years.

[Mary Beth Walsh (Member of Assembly)]: Okay. Alright. So now I think what we're left with as you said it reverts back to what the original understanding of what standing would be. So a more traditional understanding of standing that the substantial injury aggrieved of must be of the the consumer not to another third party. Is that correct?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: The language that is struck says provided that the substantial injury of a person or persons other than consumers shall also be deemed a quote substantial injury end quote for purposes of this section. That's the language that's been struck.

[Mary Beth Walsh (Member of Assembly)]: Yes, it is. So by striking that language, does this does that eliminate the concern for class action lawsuit for these types of claims?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: It reverts to the status quo ante.

[Mary Beth Walsh (Member of Assembly)]: Okay. I see also that page one line 23, it looks as though there's additional time being given for businesses to respond?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: Yes. It moves the the notice period from five to ten days.

[Mary Beth Walsh (Member of Assembly)]: So essentially how this works then is that the attorney general will send essentially a demand letter to a business saying here's what we think we can prove that you've done that's unfair, deceptive or abusive. Tell us why we're wrong and why we shouldn't bring an action against you. And then the business will have ten days to respond to that instead of the original five in the original legislation.

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: It changes I'm not going get into your characterization of the nature of the notice period but it changes the notice period from five to ten days.

[Mary Beth Walsh (Member of Assembly)]: But it's that the business is, and I'm not trying to characterize it, I'm just trying to understand how that works. I mean my understanding is that there's going to be some kind of a letter or some communication from the AG's office to a business that's going to say something and then in response they're going to have twice as much time as they would have originally had to respond. That's

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: We'll

[Mary Beth Walsh (Member of Assembly)]: have ten days.

[Doug Smith (Member of Assembly)]: Okay. Alright.

[Mary Beth Walsh (Member of Assembly)]: And the veto message also wanted to clarify that a private rate of action could only be brought for deceptive acts rather than the other two kinds. I remember distinctly us going through all three examples of all three different kinds. So there was abusive, unfair or deceptive. So in a private right of action, now under this legislation will only be it's clarified that it will only be for deceptive acts or alleged deceptive acts. Correct?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: The bill as enacted in June was aimed solely at expanding the authority of the attorney general and not at expanding the private right of action. And that particular and I I and that is that remains the intent of the collective of the bill in chief and the chapter amendment.

[Mary Beth Walsh (Member of Assembly)]: Okay. Okay. I think I understand that. Alright. Thank you very much, much mister Lasher. Madam speaker, on On the

[Presiding Officer (Madam Speaker, unidentified)]: the bill.

[Mary Beth Walsh (Member of Assembly)]: Okay. So for for those of you who didn't spend the morning like I did kind of parsing it all out and comparing it with last year versus this chapter amendment, I'll just tell you kind of what I figured out and what I believe the sponsor just confirmed during our time for question and answer. The original bill was conferring additional it it was an attorney general program bill. This is a bill that the attorney general herself was asking for and what it did, the original bill, was it was conferring additional authority to her and to her office to go after or bring actions against companies and businesses that were utilizing what they believed, which her office believed to be unfair, abusive, or deceptive acts. The original legislation also was reversing well, yeah, it was getting rid of a long period a long body of cases that had been developed over many decades having to do with a consumer oriented standard. And so the chapter amendment, the governor really in her message wanted significant changes to legislation that was passed last year in my view. It significantly rolls back I think what the original legislation was intended to do and that was in response to a lot of pushback from a lot of different groups including the business council which from what I understand was involved in trying to make the amendments that we're dealing with today. So as a result of the work that was done on the chapter, there there the same groups that were upset with the original legislation have removed their objection to it. So the business council says they'd like this legislation now in its current form to be passed. They think that they've addressed the problems that they saw with the legislation. Other groups like NFIB aren't taking any position. I'll note that the business council isn't really taking a position formally but they're saying that they worked on the amendments. So the chapter amendment was negotiated with the governor to avoid the outright veto, rolled back a number of provisions which were most concerning to the business community and to the 50 assembly members who voted against the legislation last June. It preserves the consumer oriented standard which has been developed over fifty years of case law. To those of you who are not attorneys, you might say who cares? You know, as an attorney I say you know we care. We care. Our laws come from the legislature, yes they do, but they are also interpreted by case law over time. Many, many cases over five decades created a standard that the business community and its council could rely upon. By eliminating the standard in the original version of this bill, what you would do is create a lot of uncertainty in the business community. They didn't want that. And a lot of additional litigation. And I would just say, you know, what do businesses hate? They hate uncertainty. You'd have a lot of settlements to avoid unpredictable results in court. You'd spend a lot more on legal counsel. That gets passed on to consumers. We already have one of the worst, if not the worst business climate in the nation. I should smile as I'm saying that, it's just a fact. The original legislation would have made it even worse. So this chapter amendment by preserving the consumer oriented standard makes it better. Now the sponsor said that that doesn't mean that there's any ringing endorsement or shouldn't be read into the idea that there's any ringing endorsement for this standard. Clearly, I think it's clear to me in my opinion that the sponsor doesn't care for that standard but it does remain in here now. It's fifty years of case law. We're not throwing it all out. I think that's a good thing personally. I think that's a good thing. Second, the chapter amendment addresses the issue of standing which means who can bring a lawsuit and for what reason. Under the original legislation, one opponent said you'd be inviting a free for all permitting both private litigation and class actions. A lot of activist litigation, hungry trial attorneys operating on a contingency fee and possibly in a class action trouble damages and awarded attorney's fees. Great for the trial lawyers maybe but bad for business. Okay. Oh, you're gonna oh, just I'll continue in a second. I guess you're gonna call ways and means.

[Presiding Officer (Madam Speaker, unidentified)]: And thank you, miss Walsh. Miss People Stokes?

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Madam Speaker, would you please call the Ways and Means Committee to speak to

[Presiding Officer (Madam Speaker, unidentified)]: your Yes. Thank you. Ways and Means Committee members to the Speaker's Conference Room. Ways and means, please make your way quietly to the Speaker's Conference Room. Apologies, Ms. Walsh.

[Mary Beth Walsh (Member of Assembly)]: That's okay. Luckily I have notes so I didn't lose my train of thought. So continuing with my second 15 and I'll be very brief. I don't have a lot more to go. But in addressing the issue of standing, the chapter amendment basically keeps the standing as it was before the original legislation. So I think the chapter amendment improves on the original legislation by reigning in standing. I think that's a good thing. There might be some of us who think that the bill still confers on the Attorney General too much additional power and so may continue to not support it. That's a decision that many of us who voted no on the original bill will have to make on this chapter amendment. But considering our lengthy debate last year which raised concerns on all of these issues, I do believe that the veto message and the chapter amendment do improve the bill. The business council agrees but if you do not want the Attorney General to have any more power to go after business than she already does, then you'll probably not support this chapter amendment. However, if you believe that the significant rollback of the original legislation tempers the Attorney General's power sufficiently, you may support it. And I think just in closing, and I always struggle with this, especially on my side of the aisle, I think to myself, you know, is this a power I would want to confer to the Attorney General? And I guess as an elected position, the attorney general, think, well it depends on what I think of how the attorney general is doing. And you know, it's it's kind of like a lot of things where, you know, do we want to, you know, ban the filibuster at the federal level, know, is that, well that could cut both ways depending upon who's in office. Do we want to pack the supreme court? Well that could cut both ways depending upon who's on the court. Same thing here, you know, do we want to confirm more power to the Attorney General? I mean maybe if you like what the Attorney General is doing, I for one have been concerned about the level to which this particular Attorney General has shown a willingness to I think very aggressively pursue all kinds of different classes of business. So I offer that to my colleagues as a way to weigh it as far as the original legislation versus the chapter. I'll end by just saying that the chapter amendment does make significant changes and severely curtails what was intended in the original legislation. And so I do think it does make legislation that I had a big problem with last June a little bit more palatable. So thank you very much, madam speaker.

[Presiding Officer (Madam Speaker, unidentified)]: Thank you. Mister Molitor.

[Unidentified Assemblymember referred to as 'Mr. Molitor']: Thank you, madam speaker. Will the sponsor yield?

[Presiding Officer (Madam Speaker, unidentified)]: Will the sponsor yield? Yes. Sponsor yields.

[Unidentified Assemblymember referred to as 'Mr. Molitor']: Thank you, mister sponsor. This amendment modifies the definition of substantial injury. Correct?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: It aligns it with the FTC definition.

[Unidentified Assemblymember referred to as 'Mr. Molitor']: Okay. And the definition substantial injury relies on a federal statute and evolving federal case law. Is that correct? Yes. Hasn't the Federal Trade Commission's unfairness doctrine impacted the definition of substantial injury over time? Sorry, could you say that again? Hasn't the Federal Trade Commission's unfairness doctrine impacted the definition of substantial injury over time?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: I would imagine so. So how will New York courts determine which federal court decision or interpretation to follow once this chapter amendment becomes law? I think it would make it clear that the statute follows the FTC's substantial injury definition, including the FTC's long standing position that small businesses can be consumers.

[Unidentified Assemblymember referred to as 'Mr. Molitor']: No. I I understand that, but really what I'm getting at is how is the state court gonna interpret federal law? So once a state court rules on whichever federal interpretation it believes is correct in that particular case, must other state courts follow that state court's decision or will they also be interpreting federal law de novo?

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: The courts will be making decisions about the applicability of this statute as they do in every other action taken by the attorney general.

[Unidentified Assemblymember referred to as 'Mr. Molitor']: Right. But they'll be relying on a federal statute and federal evolving federal case law.

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: I'm not gonna step into the shoes of a judge that may have a case before them. As I said, virtually every action that the attorney general brings is subject to this kind of review.

[Unidentified Assemblymember referred to as 'Mr. Molitor']: Must New York courts follow FTC policy statements and interpret in each individual I

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: am I am not going to step into the shoes of a judge that's gonna be making a decision about the viability

[Assembly Reading Clerk (unidentified)]: of

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: an action taken by the attorney general.

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Alright.

[Unidentified Assemblymember referred to as 'Mr. Molitor']: Thank you mister Sponsor. On the bill.

[Presiding Officer (Madam Speaker, unidentified)]: On the bill.

[Unidentified Assemblymember referred to as 'Mr. Molitor']: The the problem I have with this bill and its chapter amendment, I continue to have a problem with this bill, is that we're delegating legislative authority to a federal statute and evolving federal case law. Once this chapter amendment becomes law, New York law now rises and falls with federal administrative interpretation. So I will be continue to be in the negative, and I encourage all my colleagues to do so as well. Thank you.

[Presiding Officer (Madam Speaker, unidentified)]: Read the last section.

[Assembly Reading Clerk (unidentified)]: This act shall take effect on the sixtieth day.

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

[Mary Beth Walsh (Member of Assembly)]: Thank you, madam speaker. So the minority conference will generally be in the negative on this piece of legislation. However, if there are members who wish to vote yes, they may do so now at their seats. Thank you.

[Presiding Officer (Madam Speaker, unidentified)]: Thank you. Ms. People Stokes.

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

[Presiding Officer (Madam Speaker, unidentified)]: Thank you. The clerk will record the vote. Miss Peoples' chokes?

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Madam speaker, please call the rules committee to the Speaker's Conference Room.

[Presiding Officer (Madam Speaker, unidentified)]: Rules committee to the Speaker's Conference Room. Rules committee members to the Speaker's Conference Room. Are there any other votes? Announce the results.

[Assembly Reading Clerk (unidentified)]: Ayes, 97. Nose, 44.

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

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Madam speaker, members have on their desk a a calendar. I would like to move that a calendar and take it up immediately.

[Presiding Officer (Madam Speaker, unidentified)]: Thank you. On a motion by miss People Stokes, the a calendar is advanced. Resolution on page three. The clerk will read the title of the concurrent resolution.

[Assembly Reading Clerk (unidentified)]: Assembly number nine seventy eight, mister Benedetto. Concurrent resolution of the senate and assembly providing for the election of two regents of the University of the State of New York.

[Presiding Officer (Madam Speaker, unidentified)]: Mister Benedetto, on the resolution.

[Michael R. Benedetto (Member of Assembly; Chair, Education Committee)]: Thank you, madam chair. I stand today, colleagues, to continue a proud tradition here in the state of New York. A tradition that bait dates back to the beginning of our country. A tradition that is 242 in the making, and that is the election of people to the board of regents for the state of New York. The regents oversees the entire educational system within our state. From kindergarten to twelfth grade to higher education. They pres the regions presides, over the State University of New York and the education department. They also oversee libraries and museums, as well as public broadcasting and records and archives of the state of New York. Some of the, excuse me, not only what I just mentioned, but they also regulate over 56 professions within the state for the qualifications for those professions. It also oversees career education and continuing education services. There are 17 members of the, the Board of Regents, five members Excuse me, four members at large, and 13 from, judicial districts within the state. It is an unsalaried, position. And they do great work in what they have done. They are elected on the March on a current resolution. We're doing it this year on this particular date because next week we don't get here until Wednesday. The selection of the regents is governed by election law section two zero two. In mid December of last year, announcements were published in various state and city, publications to announce for interested people who wanted to, interview for these prestigious positions. There are two positions available this year. One at large and one from one of the judicial districts in Syracuse judicial district. It is a procedure prestigious position that has been occupied by many people who are renowned throughout New York State and American history. Three presidents, soon to be presidents at the time were members of the board of regents. Cleveland, Glover Cleveland, Martin Van Buren, and Theodore Roosevelt. All were names who served on the regents. Some of our founding fathers also served on the board of regents. Alexander Hamilton and John Jay, to name two. Okay? Names throughout New York State history, renowned names that made New York State great, while known to serve on the border regions. Names like Clinton and Van Cortland. Names like Livingston and Morris and Van Rensselaer. Okay? It is a prestigious body who has made New York State and the education system within New York State one of the proudest in our country. We are here today to elect two people to the board of regions and continue a grand tradition. Thank you madam.

[Presiding Officer (Madam Speaker, unidentified)]: Thank you. Miss Hindman on the resolution.

[Alicia L. Hyndman (Member of Assembly)]: Thank you, madam speaker. I wanna thank my colleague for giving the historical overview and the responsibility of the New York State Assembly chairs of higher education and education in regards to the regents and the the work that goes into selection of people of this high stature that shape the education of all of us in this room and throughout the state of New York. I want to congratulate as once we pass this resolution for the reappointment of regent Manion from Onondaga County which you know very well, madam speaker. His reappointment shows that his excellence has permeated throughout the region. And the second regent to be, after we passed this resolution, doctor Shorenstein, who has, if you really think about it, she hasn't just been an administrator, she's literally shaped the standards of American education from the US Department of Education to the College Board. If you look through the history of educational reform over the last four decades decades, you will find doctor Shorenstein's fingerprints every everywhere. From her early days as special assistant to the US Commission of Education where she helped formulate the legislation that became No Child Left Behind to her time as executive vice president of the college board, she has been a tireless advocate for academic excellence and crucially for equity. At the college board, she created the Pacesetter Program, a vital initiative designed to provide high level academic preparation for underserved students. Her impact as a New Yorker very recently is she is the current CEO of Education Through Music which is in the Bronx where she oversees the musical education of 20,000 students in our city's most under resourced school. Others may even remember her transformative decade as the vice president of academic affairs at FIT. It is a long history that she brings and only this kind of pedigree is what we should be looking for for those who serve on the board of regents. It is a a an intense process of the applications that are reviewed by staff. I wanna make sure we recognize the the staff and program council who do the the outreach and the work that brings us to this point where once this resolution is passed, we will add two members to the board of regents whose resumes and whose statewide and nationwide work will now be brought to the to the p through 16 educational spectrum as well as the office of professions and the 52 professions that they will oversee. So madam speaker, at this time, I will decrease and hopefully this resolution will pass unanimously and we will be welcoming two new regents to the board of regents in the state of New York. Thank you.

[Presiding Officer (Madam Speaker, unidentified)]: Thank you. Mister Smith on the resolution.

[Doug Smith (Member of Assembly)]: Thank you, madam speaker, and thank you to my colleagues for going through the history of the board of regents and welcoming our new members of the board of regents elected today who join us in the chamber. I wanna take a few moments to reflect on the process. For several years, I've been involved in the screening process. We have a number of very intelligent, very qualified individuals that come forward before the assembly and senate and offer themselves up to be considered for the position of board of regents. It is, as mentioned, an unpaid position, but it's not the income but the outcome that I think is so important to the folks that devote their time by supporting children across the state. I would like to start by mentioning and thanking the service of outgoing regent Roger Tillis, who will be retiring at the conclusion of, this meeting today. I have a few words I've prepared. Regent Roger b Tillis has devoted more than twenty one years of distinguished service to the people of New York. First elected to the board of regents in 2005 representing the 10th Judicial District on Long Island and reelected multiple times before being chosen last year as the at large regent. He has been a steadfast advocate for students and schools across our state. A graduate of Amherst College and the University of Michigan Law School, Regent Tillis built a career at the intersection of education, law, and public service. Throughout his tenure on the board of regents, he has been a tireless champion for music and arts education, recognizing their essential role in developing well rounded students. He has been, for decades, a visible and engaged presence at educational events across Long Island supporting students, educators, and families celebrating their achievements. Beyond education policy, his leadership has extended to regional planning, the arts, and interfaith initiatives, always grounded in a deep commitment to community. Born and raised in Great Neck and now a resident of Manhattan of Manhasset, excuse me, Regent Tillis has consistently demonstrated a strong belief in public education and civic responsibility. New York is stronger because of his decades of thoughtful leadership, dedication, and service. So, I wanna take a moment to thank Regent Tillis for his service. As part of this process, I believe today we are electing two highly qualified regents for this position. Impeccable credentials. However, I will comment on the nature of where we find ourselves electing a board of regents. As mentioned, there's 17 members of the board of regents, 13 are by judicial district, and four are at large. A concern that I'm sharing to the chamber today, I've shared in committees earlier today, and has not been it's been discussed over the last several years as well. Each judicial district is different size. Now, this is not a problem when we're selecting judges. We can simply add more judges. But, it is problematic when we're selecting representatives to represent New York's education community. For example, Staten Island's judicial district has 500,000 residents. Long Island where I reside from, Nassau and Suffolk County is one judicial district, has 3,000,000 people. Likewise, Rock there's a judicial district of Rocklin, Putnam, Orange, Westchester. That judicial district also has 3,000,000 people. Right now, with the election today, the Long Island region with 3,000,000 residents and one in six students will have one of 17 elected region members. And today, Manhattan will be represented by three regions members. Highly qualified individuals who I know will take into account children and families and students across the state of New York. But it's something that I could not leave unmentioned. That I think that as we go forward perhaps we can find a better, more equitable way to allocate Regents members. Manhattan is a wonderful place with 1,700,000 residents, but proportionally having three regents out of 17, we could do a little bit better. But with that, I wanna congratulate our newly elected regents and thank you for your service that is coming forward. For that, I will be voting no. I believe the republican conference will also be a no, not on the qualifications of the individuals. We thank you for your service, but on elements of process such as that I've mentioned. But thank you. And thank you to the chairs. Thank you. Thank

[Presiding Officer (Madam Speaker, unidentified)]: you. A party vote has been requested. Mister Gandolfo.

[Jarett Gandolfo (Member of Assembly)]: Thank you, madam speaker. The Republican conference will generally be opposed to this resolution. However, any members who wish to vote in favor of it may do so at their desks shortly. Thank you.

[Presiding Officer (Madam Speaker, unidentified)]: Miss Peoples Stokes.

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Thank you, madam speaker. The majority conference is generally gonna be in favor of this piece of legislation. However, there may be a few that would desire to be an exception. During the chambers, they should feel free to cast their votes. Thank

[Presiding Officer (Madam Speaker, unidentified)]: you. On concurrent resolution number nine seventy eight, the clerk will record the vote. Mister Lasher to explain his vote.

[Unidentified Assemblymember referred to as 'Mr. Lasher' (bill sponsor)]: Thank you, Madam Speaker. I just want to express my gratitude to Chair Heinemann and Chair Benedetto for their leadership in this process. My congratulations to Regent Manion, and my particular congratulations to Doctor. Shorenstein, who is a woman of extraordinary achievement and who will be a fantastic addition to the Board of Regents, and I'm proud to vote aye. Thank you.

[Presiding Officer (Madam Speaker, unidentified)]: Mister Lasher in the affirmative, mister Weprin to explain his vote.

[David I. Weprin (Member of Assembly)]: Yes. Thank you, madam speaker. I too want to congratulate the chairs for bringing forth excellent candidates over the years. But I wanna specifically talk about Janice Shorenstein. Janice, in addition to her outstanding educational credentials, has really been pillar in the civic community as well as the Jewish community. She and her entire family who I know for over forty years, her husband Stewart, her daughter Marissa, have been involved in civic affairs and Jewish affairs for so many years and I know she'll be a great addition to this prestigious position of the Board of Regents. I withdraw my vote my request and vote in the affirmative.

[Presiding Officer (Madam Speaker, unidentified)]: Thank you, mister Wepprin and the affirmative. Are there any other votes? Announce the results.

[Assembly Reading Clerk (unidentified)]: Ayes, 94. Noes, 47.

[Presiding Officer (Madam Speaker, unidentified)]: The resolution is adopted. Ms. Peoples Jokes.

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Madam Speaker, if we can continue our work on the floor today by consenting the remainder of the calendar beginning with the rules report number 83. It's on page four.

[Presiding Officer (Madam Speaker, unidentified)]: Thank you. On consent, page four, rules report 83. Clerk will read.

[Assembly Reading Clerk (unidentified)]: Assembly number ninety four thirty, rules report 83, mister Sturpey, an act to amend the economic development law.

[Presiding Officer (Madam Speaker, unidentified)]: On a motion by mister Sturpey, the senate bill is before the house. The senate bill is advanced. Read the last section.

[Assembly Reading Clerk (unidentified)]: This action will take effect immediately.

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

[Assembly Reading Clerk (unidentified)]: Ayes, 141. Nose, zero.

[Presiding Officer (Madam Speaker, unidentified)]: The bill is passed.

[Assembly Reading Clerk (unidentified)]: Assembly number 9440, rules report 84, Mr. Otis, an act to amend the public health law and general municipal law.

[Presiding Officer (Madam Speaker, unidentified)]: Read the last section.

[Assembly Reading Clerk (unidentified)]: This actual it's a sub.

[Presiding Officer (Madam Speaker, unidentified)]: One moment. On a motion by Mr. Otis, the Senate bill is before the House. The Senate bill is advanced. Read the last section.

[Assembly Reading Clerk (unidentified)]: This actual. Take effect immediately.

[Presiding Officer (Madam Speaker, unidentified)]: Clerk will record the vote. Are there any other votes? Announce the results.

[Assembly Reading Clerk (unidentified)]: Ayes, one forty, noes, one.

[Presiding Officer (Madam Speaker, unidentified)]: The bill is passed.

[Assembly Reading Clerk (unidentified)]: Assembly number 9449, rules report 85. Miss DeBarrez, enact to amend the general business law. On

[Presiding Officer (Madam Speaker, unidentified)]: a motion by mister Barrez, the senate bill is before the house. The senate bill is advanced. This bill is laid aside.

[Assembly Reading Clerk (unidentified)]: Assembly number ninety four sixty five, rules report 86, miss Levenberg, an act to amend the state finance law.

[Presiding Officer (Madam Speaker, unidentified)]: On a motion by miss Levenberg, the senate bill is before the house. The senate bill is advanced. Read the last section.

[Assembly Reading Clerk (unidentified)]: This act shall take effect immediately.

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

[Assembly Reading Clerk (unidentified)]: Eyes, one forty one. Nose, zero. The bill is passed. Assembly number 9489, rules report 87, mister Stern, an act to amend the real property tax law.

[Presiding Officer (Madam Speaker, unidentified)]: On a motion by mister Stern, the senate bill is before the house. The senate bill is advanced. Read the last section.

[Assembly Reading Clerk (unidentified)]: This act shall take effect immediately.

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

[Assembly Reading Clerk (unidentified)]: Ayes, one forty one. Nose, zero.

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

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Madam speaker, do you have any further housekeeping or resolutions?

[Presiding Officer (Madam Speaker, unidentified)]: We do have a piece of housekeeping on behalf of mister Sturpey, bill number s eight seven seven seven. Clerk will read the title of the bill.

[Assembly Reading Clerk (unidentified)]: And act to amend the economic development law.

[Presiding Officer (Madam Speaker, unidentified)]: Motion to reconsider the vote by which the bill passed the house. The clerk will record the vote. The clerk will announce the results.

[Assembly Reading Clerk (unidentified)]: Ayes, one forty one. Nose, zero.

[Presiding Officer (Madam Speaker, unidentified)]: The bill is before the house, and the bill is laid aside. We have a number of resolutions before the house. Without objection, these resolutions will be taken up together on the resolutions. All those in favor signify by saying aye. Opposed, no. The resolutions are adopted. Miss People Stokes.

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Madam speaker, if you could please call on our colleague, miss Clark, for the purpose of an announcement.

[Presiding Officer (Madam Speaker, unidentified)]: Miss Clark, for the purpose of an announcement.

[Sarah Clark (Member of Assembly)]: Contrary to any voices, being saying anything now, I am announcing we will have majority conference immediately following session in Hearing Room C. Majority conference immediately following session.

[Presiding Officer (Madam Speaker, unidentified)]: Majority conference immediately following the adjournment of session Hearing Room C, miss Peoples Stokes.

[Crystal D. Peoples-Stokes (Majority Leader, NYS Assembly)]: Madam speaker, I move that the assembly stand adjourned and that we reconvene at 10:30AM, Thursday, February 26, tomorrow being a session day.

[Presiding Officer (Madam Speaker, unidentified)]: On miss People Stokes' motion, the house stands adjourned.